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Minutes - Monday 23 January 2017Special Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 23 January 2017 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 7:04 PM Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire (arrived @ 7:10 PM), Jason C. Silva, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Frates Recognition of Beverly Police of Police: Officer Shawn Desmond Officer Harold Geary Swearing -In of Beverly Police Clerk: Department Officers by the Chief Department Officers by the City Sergeant Michael A. Backstrom Officer Christopher Ganey Officer Joseph T. Santamaria Presentations, Awards & Memorials: �. #315 — Presentation — Beverly Waste Reduction Committee — Connie Krueger & Charlie Perlo, Sharon Kishida, MA -DEP Referred to Finance & Pro Public Hearing: 1. 7:30 PM - #297 — National Grid Plan #23023550 — Pleasant & Rantoul Streets — Public Hearing held and closed, referred back to Public Services Communications from other City Officers & Boards: #318 Communication — Council President — Appointments — Clean Energy Advisory Committee — Bruce A. Egan, Jeffrey D. Elie, Nathan M. Gray & Thomas B. Keeley Referred to Public Services 213 #211A Communication — Planning & Development Director — Proposed Amendment — Zoning Ordinance #300 -38 — Special Residential District ( "RSD ") Referred to Legal Affairs in connection with the Joint Public Hearing with the Planning Board scheduled for Monday, 6 February 2017 na� 7:30 PM #24713 Communication — Search Committee Recommendation to Request Offer Letter be sent to Human Resources — Gerard D. Perry roved on the Floor — Vote: 9 -0 Resolutions: 1. #316 — Resolution — Hunter M. Caron, Eagle Scout 2. #317 — Resolution — Nathaniel D. Abell, Eagle Scout Council Vice President Houseman commented that he had been involved with Scout Troop #4 in the past and knew both of these young men when they were earlier in their time in the Troop, and was not surprised that they had both advanced to Eagle Scout rank. He also mentioned that Councilor Martin, himself an Eagle Scout from Troop 4, is part of the proud tradition of that Troop that now includes these two young men, the 83r and 84 Eagle Scouts from Troop 4 Vote to Approve both Resolutions: 9 -0 Acceptance of Minutes of Previous Meetings: 1. Tuesday, 3 January 2017 — Regular Meeting Vote to Accept: 9 -0 Communications from His Honor the Mayor: #305 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. Joel Margolis, Worthington Green, Beverly to serve on the Zoning Board of Appeal. His term is to be effective until January 31, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs 214 #306 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. Neil B. Olson, 133 Valley Street, Beverly and Ms. Joanne Panunzio, 31 Old Planters Road, Beverly to serve on the Trustees of the Public Library. Their terms are to be effective until January 31, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #307 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. Chad Crandall, 14 Hillcrest Road and Mr. Kevin Ascolillo, 4 Sherwood Lane, Beverly to serve on the Beverly Golf and Tennis Commission. In addition, I hereby appoint subject to your review and recommendation Mr. Arthur Athanas, 77 Hale Street, Beverly to serve on the Beverly Golf and Tennis Commission. Their terms are to be effective from February 1, 2017 until February 1, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services 215 #308 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. Bryant Ayles, Finance Director, 191 Cabot Street, Beverly to serve as the Mayor's Representative on the Beverly Retirement Board. His term is to be effective from February 11, 2017 to February 11, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #309 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. Kevin Hobin, 6 Gardner Street, Beverly to serve on the Parks and Recreation Commission. His term is to be effective until December 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #310 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 216 I hereby appoint subject to your review and recommendation the following citizens to serve as the Mayoral appointees to the Clean Energy Advisory Committee: Frederic Hopps, 15 Walcott Road Julia Q. Long, 17 Pine Road Lisa W. Lillelund, 4 Chanticleer Drive Their terms are to be effective until January 31, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #311 January 17, 2017 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request that you approve a transfer of $24,130 from the FYI Reserve for Union Negotiations 11324 / 57810 into the Fire Department budget as a result of the recently agreed upon memorandum of agreement between the City and the Fire Alarm Division of the Fire Department. The terms of the contracts cover the periods of FY2015 and FY2016 through FY2018. As such, a portion of the requested transfer will be allocated to pay retroactive salary adjustments and a portion will be allocated to adjust the FY2017 budgeted salaries for the Fire Alarm Operators. Sufficient funds are available within the reserve account to support this transfer, and I am including a copy of the memorandum of agreement for your review. Please initiate action on this matter at your next City Council meeting scheduled for Tuesday, January 17, 2017. This transfer request will require a public hearing be set prior to a Council vote. Thank you. Sincerely yours, Michael P Cahill Mayor Referred to Finance & Property to Set a Public Hearin #312 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 217 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Harbor Management Authority, has been awarded a Marine Fishing Access Improvements Grant from the Department of Fish and Game, Division of Marine Fisheries in the amount of $14,850. With your approval, this grant will be used to improve access to shoreline fishing in Obear Park — including new signage, clearing pathways to the water, and development of a trail for better access to the fishing area. Massachusetts General Law Chapter 44 Section 53A requires both Council and Mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the Council approve this grant by taking action on this matter at your upcoming meeting of the City Council on January 17"', 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #313 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Fire Department, has been awarded a Mass Decontamination Unit Grant from the Department of Public Health's Office of Preparedness and Emergency Management in the amount of $2,000. With your approval, this grant will be used for the deployment and training of the Mass Decontamination Unit assigned to the Beverly Fire Department. Massachusetts General Law Chapter 44 Section 53A requires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the council approve this grant by taking action on this matter at your upcoming meeting of the City Council on January 17th, 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #314 January 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 218 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Emergency Management Department, has received a Community Clean Energy Resiliency Grant from the Metropolitan Area Planning Council via the Massachusetts Department of Energy Resources in the amount of $9,000. With your approval, this grant will be used to conduct a feasibility study to determine if and how we will implement battery storage at the Beverly Regional Cache Site, ensuring that the site is well- equipped to operate during power interruptions. Massachusetts General Law Chapter 44 Section 53A requires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the council approve this grant by taking action on this matter at your upcoming meeting of the City Council on January 17' 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro Communications, Applications & Petitions: #319 Communication — Morris, Rossi & Hayes, Attorneys @ Law — Open Space Conveyance @ Sunnycrest Circle Referred to Legal Affairs Motions and Orders (2 Reading): #301 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Proposed Ordinance to Establish The Beverly Affordable Housing Trust Fund, have considered said matter and beg leave to report as follows: Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final Passage: Ordered: That the City of Beverly hereby accepts the provisions of M.G.L. ch. 44, section 55C in effect as of the date of this order. In the year two thousand seventeen An ordinance entitled Affordable Housing Trust Fund Be it ordained by the City Council of the City of Beverly as follows: By enacting an ordinance entitled Affordable Housing Trust Fund in the Code of Ordinances of the City of Beverly by adding the following language: Affordable Housing Trust Fund A. Established. The Beverly Affordable Housing Trust Fund is hereby established. 219 B. Purpose. The trustees of the Beverly Affordable Housing Trust Fund shall administer an Affordable Housing Trust Fund to provide for the creation and preservation of affordable housing within the City of Beverly for the benefit of low to moderate income households and for the funding of community housing, as defined in and in accordance with the provisions of chapter 44B. C. Composition. The Beverly Affordable Housing Trust Fund shall have a Board of Trustees composed of five (5) trustees. The Mayor shall serve as one of the Trustees. D. Appointment of Trustees; Terms, Vacancies. The Mayor shall appoint trustees annually in January, subject to confirmation by the City Council. The trustees first appointed shall have staggered terms, with two (2) of the appointed trustees initially serving a one - year term, and the remaining two (2) serving a two -year term. Thereafter, all appointments and reappointments, with the exception of the Mayor's term, shall be for a period of two (2) years. If a vacancy shall occur among the trustees, it shall be filled in the same manner as the original appointment for the unexpired term. E. Service without Compensation. The trustees shall serve without compensation. F. Removal. Trustees may be removed by the mayor, subject to the provisions of Section 3- 4 of the Beverly City Charter. G. Authority and Responsibilities. The specific authority and responsibilities of the trustees, all of which shall be carried on in furtherance of the purposes set forth in Massachusetts General Laws Chapter 44 Section 55C and in this ordinance, are as follows: (1) to accept and receive property, whether real or personal, by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including without limitation grants of funds or other property tendered to the trust in connection with provisions of any zoning ordinance or by -law or any other ordinance or by -law; (2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; (3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; (4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust; (5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary; (6) to fund grant positions for municipal employees through specified grants established by the Trust, whose positions are in furtherance of the purposes set forth in Massachusetts General Laws Chapter 44 Section 55C and in this ordinance; (7) to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable; (8) to apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; (9) to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person; (10) to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate; (11) to carry property for accounting purposes other than acquisition date values; 220 (12) to borrow money on such terms and conditions and from such sources as the board deems advisable, to mortgage and pledge trust assets as collateral; (13) to make distributions or divisions of principal in kind; (14) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions or this act, to continue to hold the same for such period of time as the board may deem appropriate; (15) to manage or improve real property; and to abandon any property which the board determined not to be worth retaining; (16) to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and (17) to extend the time for payment of any obligation to the trust; (18) to create guidelines and principles for the trustees as to strategies for the investment and expenditure of trust funds. The powers and duties enumerated above are intended to encompass all powers and duties of the trustees. Any action, power or duty not enumerated above shall require prior approval of the city council. H. Limitations. (1) The conveyance of any real property under clauses G(1), G(2), or G(3) above, shall require the approval of the Mayor and the City Council. (2) Any debt incurred by the Trust shall not constitute a pledge of the full faith and credit of the City of Beverly, and all documents related to any debt shall contain a statement that the holder of any such debt shall have no recourse against the City of Beverly with an acknowledgement of said statement by the holder. Meetings. The trust shall meet at regular intervals. J. Report. The trustees shall keep a record of its doings and make a report thereof to the City annually. The report shall include a description and source of funds received and expended and the type of affordable housing programs or properties assisted with the funding. Such report shall be sent to the Mayor not later than January 15 in each year, and a copy thereof shall be filed with the Department of Planning & Community Development. The books and records of the trust shall also be audited annually by an independent auditor in accordance with accepted accounting practice. The audit of the trust may be done by the City's auditors. The trustees shall also provide the city council with a copy of the trust's annual audit. K. Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning ordinance or by -law or private contributions shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and to be expended these funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by the board within 1 year of the date they were appropriated into the trust, remain trust property. L. The trust is a public employer and the members of the board are public employees for purposes of chapter 258 of the Massachusetts General Laws. M. The trust shall be deemed a municipal agency and the trustees shall be deemed as special municipal employees for purposes of chapter 268A of the Massachusetts General Laws. N. The trust is exempt from chapters 59 and 62 of the Massachusetts General Laws, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the commonwealth or any political subdivision thereof. O. The trust is a governmental body for purposes of sections 23A, 23B and 23C of chapter 39 of the Massachusetts General Laws. P. The trust is a board of the city for purposes of Massachusetts General Law chapter 30B and Massachusetts General Law chapter 40, section 15A; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the city or town shall be exempt from said chapter 30B of the Massachusetts General Laws. 221 State law reference: M.G.L.A. c. 44, s. 55C. 1S Reading — Tuesday, 3 January 2017 2nd Reading — Monday, 23 January 2017 Publication in the Salem News — Friday, 27 January 2017 Final Passage — Monday, 6 February 2017 Order read once and adopted. Vote: 9 -0 Reports of Committees: #311 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Transfer to Fund Contract — BFD Fire Alarm Operators, have considered said matter and beg leave to report as follows: Submit the accompanying Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 6 February 2017 at 7:15 PM at City Hall, 191 Cabot Street, 3r Floor, Council Chamber, Beverly, MA relative to a transfer of $24,130 from the FY17 Reserve for Union Negotiations 11324 / 57810 into the Fire Department budget as a result of the recently agreed upon memorandum of agreement between the City and the Fire Alarm Division of the Fire Department. The terms of the contracts cover the periods of FY2015 and FY2016 through FY2018. As such, a portion of the requested transfer will be allocated to pay retroactive salary adjustments and a portion will be allocated to adjust the FY2017 budgeted salaries for the Fire Alarm Operators. Sufficient funds are available within the reserve account to support this transfer. Order read once and adopted — Vote: 9 -0. #312 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant — MA -DFG, DMF — Harbor Management Authority $14,850 Marine Fisheries Access Improvements, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0. #313 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant — MA -DPH, OPEM $2000 — BFD — Mass Decontamination Unit, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0. 222 #314 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant — MA -DER & MAPC $9000 — Emergency Management Department — Community Clean Energy Resiliency, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0. #295 The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk — Revocation of Pawnbroker's License — Frank Delgaudio d /b /a Beverly Jewelry & Loan, 180 Cabot Street, have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted — Vote: 8 -1, Councilor St. Hilaire opposed. #297 The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Plan #23023550 — Pleasant & Rantoul Streets, have considered said matter and beg leave to report as follows: Recommend the Petition be granted Order read once and adopted. Vote: 9 -0 Unfinished Business: None Meeting Adjourned: 9:16 PM Attest: D. Wesley Slate, Jr. City Clerk 223