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Minutes - Monday 6 February 2017Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 6 February 2017 @ 6:30 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 6:39 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, Jason C. Silva, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Rand Moment of Silence: Officer Eugene R. Marley II (former BPD) Lieutenant Scott Hebert (Salem Fire Department) Virginia D. McGlynn (former Ward IV City Councilor) Presentations, Awards & Memorials: 1. #320 — Annual "State of the City Address" by Mayor Michael P. Cahill State of the City Address Mayor Michael P. Cahill February 6, 2017 Good evening, Mr. President. It is a great privilege and honor to stand with you tonight and participate in our respective roles as local elected officials in this, our local representative democracy. Beverly, like cities and towns all across America, has been built by immigrants and continues to flourish thanks to the hard work, dreams, investments and creativity of all our residents, including both the descendants of immigrants and new immigrants who choose to make our great city their home. We do well to remember, to welcome, and to value any person who chooses in good faith to call Beverly home. And thanks to the continuing good faith efforts of so many people — you my fellow elected officials on the City Council and the School Committee in attendance tonight, our city and school employees and administration, friend, neighbors, interested and passionate residents and business owners — Beverly continues to be and to improve as a vibrant, thriving city and a great place to live. This past year has seen much activity and progress. Our schools continue to do a fantastic job teaching and preparing our children for successful, fulfilling lives. This past year, four of our elementary schools achieved the state's highest Level One status, while the fifth elementary school, along with our middle and high schools, achieved Level Two status. On a ranking system of Level One to Level Five, we are performing extremely well. Our new grade 5 -8 middle school is taking shape. Construction is on track and on budget. We plan to occupy the school in June of next year, 2018. This will provide for a successful launch to the 2018 -2019 school year, with the newly reconfigured 224 Kindergarten — grade 4 elementary schools allowing more space to optimize learning in our elementary schools, and a world class middle school with grade 5/6 and 7/8 learning academies. Features of the new school will include maker spaces for greater project based learning opportunities in both STEAM (Science, Technology, English, Arts, and Math) and other disciplines. Our investments in media and technology, fine arts, and health and physical education infrastructure along with thoughtful design of classroom space throughout the new school will provide our educators with the environment necessary to deliver an excellent education for our middle school students for many decades to come. Our administration's Summer Literacy Program had great success again last summer, doubling in size and providing six weeks of outstanding instruction and summer camp for 120 incoming first and second grade Beverly public school children. Our lead partner, the Greater Beverly YMCA, our Beverly Public Schools Administration and teachers, and all our sponsors deserve our deepest gratitude. This program helps every child who participates, and it helps our teachers to achieve more with all their students come September, as children are more prepared for the next level of instruction. Preparations are underway, and we are excited for Summer 2017. At all levels, our dedicated teachers and administration continue to challenge themselves and our students and families to achieve more. Their commitment to our children, and our community's commitment to our schools is strong and enduring. Collectively, we have consistently funded our schools to the best of our ability, making instructional excellence, academic achievement, and our children's well -being and healthy development our top priorities. Investments in education and everything else we do are made possible through strong economic growth and sound fiscal management. This past year saw $1.3 Million in new growth. In the coming year, both High Resolution Bio Solutions and Krohne, two strong manufacturing companies, will open new headquarters in Beverly at Cherry Hill Industrial Park. These companies will bring over $4.5 Million in projected new property tax revenues to Beverly over the next ten years. They will also bring 350 jobs to Beverly in the coming years — over 200 of these will be new hires as their investments in Beverly allow them to expand operations. With the City Council's support, last December we added $2.6 Million to our Stabilization — or Rainy Day — fund, for a total of $9.35 Million fund balance. Our emphasis on sound financial management helped maintain our strong bond rating and take advantage of favorable interest rates during our first of three planned borrowings related to our new middle school. We were able to borrow $25 Million for the project at historically record low rates and commit to an aggressive repayment model which will save Beverly taxpayers millions of dollars in interest payments. This past year, the Exit 19Brimbal Avenue project was completed, and our new roundabouts have vastly improved traffic flow throughout that corridor. This project was paid for by a $5 Million state grant. By comparison, the Rantoul Street/Route IA project is a $25 Million project, with the city having spent $4 Million to design and federal and 225 state funding paying the rest. 2016 saw much progress, and 2017 will be a busy one as the work — which calls for full depth reconstruction - includes new drainage under the street, regrading, three layers of new pavement, new curbing and sidewalks, new trees, lighting, bike lanes, parking, and traffic calming such as bump outs at key intersections to shorten and make safer the crosswalks. The project is scheduled to be completed by the end of 2017. Since Route I is a state road, the Massachusetts Department of Transportation is managing the project. However, we are working closely with them to minimize and address impacts felt by neighbors, business owners and commuters. Thanks to our sound financial practices, we continue to make thoughtful and needed investments in local roads throughout the city. Work on improvements to four intersections - which are being designed with city funds, but will be built with state funds — is progressing. We are working aggressively with MA DOT to fast track these improvements — this means hopefully proceeding to construction within the next two to three years as opposed to several years. These intersections are at Henry's Market/Route IA, Mckay and Balch Streets by the Beverly Golf and Tennis Club, Cabot and Rantoul Street at the foot of the Veterans Memorial Bridge, and the intersection of River and Bridge Streets behind the Beverly Depot. We are also designing improvements to the Old Essex Road/Essex Street intersection in Centerville and the Corning St/Essex St/Spring St. intersection in Montserrat, with the goal of construction over the next 1 -2 years. We anticipate both design and construction costs will be covered with our Ch. 90 and local road funds. Last fall, we secured a $400,000 complete streets grant — the first in the state - through our community partnership with Governor Baker and his administration. This grant will help us rebuild Broadway between Rantoul and Cabot Street. We are currently preparing a Complete Streets grant application for this year's program to improve Cabot Street downtown, with a focus on better pedestrian and bike safety and creating more sense of place at key points downtown. This will support the ongoing resurgence of our downtown economy. On that point, more and more retail is taking hold, joining our great restaurants. We now also have both the Cabot and the Larcom Theatres, as well as Chianti's Jazz alive with performances several nights each week. We also worked with our community partners and veterans to undertake significant upgrades at Vietnam Memorial Plaza at One Ellis Square. This spring, work will be completed and the space transformed for the entire community to enjoy. Recently, the downtown parking study that was partially funded by the state was completed. Results showed that we have significantly more parking spaces in the downtown than most people realize and made some innovative recommendations on how to manage our parking spaces to improve both the economic performance of our downtown businesses and the experience for visitors to the downtown. The recommendations were shared in a public meeting last Thursday, and valuable feedback was provided by those in attendance. We will continue to refine a proposal to submit to the City Council this spring. 226 At One Water Street (the old McDonald's site), we have retained a broker to help market the site. We are hopeful this will result in multiple high quality bidders being identified, and that soon we will be ready to put out a new Request for Proposals and finally bring to our waterfront the vibrant, successful restaurant people have wanted for decades. Staying with the waterfront, we received two state grants last week totaling over $400,000 — one to improve the city's recreational dock, and the second to conduct an economic development planning process for the Bass River and the Harborfront. This past year, the city completed work on our Housing Plan. What the plan makes clear is that there remains a need in Beverly for new housing options across a range of household incomes — between 1,400 -2,100 new housing units over the next 10 -15 years. The Housing Plan recommends a number of action items. These include creating a new Beverly Affordable Housing Trust Fund — accomplished with the City Council's support, and on your agenda tonight for final passage — and making funds from inclusionary housing in -lieu payments and from the Community Preservation Act available to support the creation of new affordable housing units. The Plan also recommends possible zoning amendments — to that end, we are working with the City Council to propose changes to our inclusionary zoning amendment that will ensure it is responsive to current market conditions and will continue to effectively create new affordable housing units. We hope to submit this proposal for your consideration in the coming weeks. To help best meet our local and regional needs for housing that is affordable to people facing a range of life circumstances, and as an outgrowth of the work of our regional Homelessness Task Force, we are partnering with our neighbors on the North Shore. Mayor Driscoll of Salem, Mayor Bettencourt of Peabody, and I have signed a Memorandum of Understanding affirming our shared commitment that each of our cities will facilitate the creation of at least 25 units of housing for families experiencing homelessness, and 15 units of housing for individuals experiencing homelessness. The town manager of Danvers has participated in this conversation, and we are hopeful that Danvers will soon join us in this commitment. As I announced one year ago in my 2016 State of the City address, In Beverly, we are excited to partner with Harborlight Community Partners and the Santin family to meet the family housing need expressed in the Memorandum as part of the proposed family housing development at the corner of Tozer and Sohier Roads. It has been a busy year on this project, as the land acquisition needs of all parties, including the state's Department of Housing and Community Development, have taken some time to align successfully. At present, the parties have reached an agreement in principle, and are working towards finalizing that agreement. Since this will be a 40R project and we will need to secure a zoning change to allow the development, the city has secured grant funding from DHCD to begin the 40R process. This will commence with a public hearing, which is tentatively scheduled for Thursday evening, March 2 d . More information will be forthcoming, as this timetable is firmed up. As underscored by the Housing Plan, there is a real need for new housing in Beverly. The way to provide this housing without sacrificing open space, while having the least 227 and most manageable impacts on traffic and on school enrollments is to promote Transit Oriented Development (TOD) — the redevelopment of land closest to our commuter rail stations into some first floor retail and commercial space with housing above. TOD brings fewer vehicles per person and fewer vehicle trips as residents take the train to work in higher percentages. Further, this housing brings far fewer children than do traditional single family neighborhoods around Beverly. As we improve key intersections around the city, we will improve our capacity to move traffic safely and smoothly. Our master plan anticipated and supports Transit Oriented Development, and our downtown and waterfront will benefit from this. Pursuant to these goals, the Planning Department will soon submit to the City Council the well vetted, much discussed and researched proposal to create a new overlay district along the Bass River which will allow for mixed use redevelopment in the neighborhood immediately adjacent to the Beverly Depot Train Station along River Street. We look forward to working with the City Council to pass this important measure. In Beverly, my administration is committed to true openness. The Bass River zoning overlay process is a perfect example of this — we have listened and worked cooperatively with all interested parties in this process, and the process has greatly informed the overlay district proposal that will soon be placed before the City Council. Another recently concluded process further highlights our collaborative and open approach to governing this city. With deep appreciation, I want to thank all who have taken part in the work of the Municipal Building Re -use Committee, which over nine months examined how the city can best move forward with City Hall, the police station, and Briscoe Middle School, once the new middle school is completed. With broad participation and involvement, the committee evaluated thoughtfully the city's options and has recommended we consider selling the Briscoe Middle School building and property, building a new police station, and rehabilitating the current police station to house additional municipal offices. I accept their recommendation, and while preparing to issue an RFP for the property, we will work with interested parties to explore how future use may preserve some or all of the existing building. As we work to ensure Beverly remains the warm and welcoming community we aspire to be, the City Council has joined with me over the past year to create two very important new bodies — our new Human Rights Committee, which was strongly championed by Ward Two Councilor Estelle Rand, and which has been effectively engaging the community and building bridges for almost a full year already — and our new Veterans Advisory Committee, nominees for which have been considered and names will be submitted to the City Council at your next meeting. In addition, the city's Clean Energy Advisory Committee has been revived, and with appointments just finalized by the City Council, we look forward to the new green opportunities that can come from this group's efforts. In an ongoing effort to determine the best next steps to take to decrease the amount of trash we put out at the curb and increase recycling, we continue to work with our Waste 228 Reduction Committee and the City Council, and we plan to submit this spring a proposal to make changes to our current system. Our Mayor's Drug Task Force continues to pursue ways to fight this current heroin epidemic. Thanks to our strong partnership with Lahey North, Beverly Hospital now joins our own Beverly Police Station as a second site for a 24 hour prescription drug disposal box. These boxes are located in the main lobby of Beverly Hospital and the front lobby of the Beverly Police Station. Together with our special prescription drug drop off days in the parking lot of the North Beverly Plaza, these boxes have taken many dangerous prescription drugs out of our medicine cabinets and off our streets. Since many people become addicted to heroin after first becoming addicted to prescription pain medications, access to safe disposal of these drugs is key in preventing the beginnings of addiction. We also have successfully outfitted all our first responders with Narcan and are working to get those battling addictions the help they need when their windows of opportunity open. The Beverly Public Schools have undertaken a yearlong redevelopment of their Health curriculum with one goal being better drug awareness and prevention education for all our children. Last summer, the state's new Municipal Modernization Act was passed. Among many other changes, it gives cities and towns a new level of control over our local roads. Since last September, we have been closely examining our city's speed limits. Tonight, I have submitted a request to the City Council to accept the terms of this change in state law and to lower our default speed limit in Beverly from 30 MPH to 25 MPH, except where otherwise posted. This will apply on local roads and will exclude state roads (128, IA, 127) and any road or stretch of road with a posted speed limit other than 25 MPH. In other words, if you see a speed limit sign today that is different than 25 MPH, that zone will remain as is. We can petition the Massachusetts Department of Transportation to change a speed limit in a posted zone. To this end, we have further examined many such sections of road since last September, and we plan to submit studies to MA DOT to support requested changes along a smaller number of those roads. Most posted speeds, however, will remain as they are now. As we discuss this with the City Council, and hopefully as we implement changes, we will work hard to inform and educate the public. Our goal is to increase safety for everyone throughout our community. Enforcement of the new speed limits will be thoughtful, while always focused on safety. We are excited that, done right, this measure will help create a safer Beverly for everyone. Last, there continues to be much going on throughout our city — many great programs and services, much investment in our water, sewer, roads, parks, and other infrastructure. So much good and exciting news to share. So, this year, we plan to reach out to the community and hold some community and neighborhood meetings around the city. We will share information about ongoing and new projects, about services and programs that are available through our Senior Center, Recreation Department, Veterans Services, public library, and more — and also to invite thoughts and ideas from our neighbors as we all work continuously to make Beverly all it can be. 229 Since I have been your Mayor, I have tried to ensure that in Beverly we value and respect people, we strive for truly great schools, the safest neighborhoods, the most vibrant local economy, and the most fiscally responsible stewardship of our shared resources. That we help provide for the needs of all our residents, from our children to our veterans and senior citizens. That we welcome and respect and protect the rights of every one of our neighbors. That we respect tradition and history, while we embrace opportunity and change. That we set aside and protect open space, as we promote needed housing for all income levels closest to our train stations. That we save money for a rainy day, as we provide needed services today to our residents, and as we invest in our buildings, roads and sidewalks and water and sewer infrastructure. That we serve the people who elect us and entrust us with the well-being of our city, and that we engage each other and the community with the goal of stronger policy and that armed with sound, thoughtful input we make smart decisions and then we act decisively. As I begin my fourth year as your Mayor and as we begin 2017, I pledge to continue to serve the people of Beverly faithfully, and to work cooperatively with our partners on the City Council and the School Committee and, and with the good people of our city to make Beverly an even better community in 2017. Received and Placed on File — Vote: 9 -0 Public Hearings: 1. 7:15 PM - #311 — Communication — Mayor — Transfer to Fund Contract — BFS Fire Alarm Operators — Public Hearing held and closed, referred back to Finance & Property Acceptance of Minutes of Previous Meetings: 1. Monday, 23 January 2017 — Special Meeting Vote to Accept: 9 -0 Communications from His Honor the Mayor: #321 February 6, 2017 The Honorable City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Re: Order Accepting Massachusetts General Law Chapter 90, Section 17C. 230 Dear Honorable Council: On August 9, 2016, the Massachusetts State Legislature enacted Chapter 218 of the Acts of 2016, also known as "An Act to Modernize Municipal Finance and Government" (Municipal Modernization Act). As part of the Municipal Modernization Act, the Legislature allowed for cities and towns in Massachusetts to lower speed limits from thirty (30) miles per hour, which is the default statutory speed limit, to twenty -five (25) miles per hour on any roadway that meets two criteria: they are not state highways and are located in a thickly settled or business district. After careful deliberation, including much research and many meeting with the City's engineering, public works, police and other relevant departments, I have come to the conclusion that lowering the statutory speed limit from thirty miles per hour to twenty -five miles per hour will contribute to making our streets safer for residents and visitors to Beverly. Therefore, I ask you to adopt the accompanying order accepting Massachusetts General Law Chapter 90, Section 17C, which allows the City to institute twenty -five mile per hour speed limits on non - state highways that are located in thickly settled or business districts. Sincerely yours, Michael P. Cahill Mayor Attachment Ordered: That the City of Beverly hereby accepts the provisions of M.G.L. c. 90, section 17C in effect as of the date of this order. Referred to Legal Affairs Public Hearings: 2. 7:30 PM - #211A — Continuation of Joint Public Hearing with the Planning Board — Folly Hill Development — Public Hearing held and closed, referred back to Legal Affairs Communications from other City Officers & Boards: #322 Communication — City Clerk — Election of Clerk of Committees — Lisa Kent Referred to Legal Affairs #323 Communication — City Clerk — Call for Election & 2017 Biennial Election Calendar roved on the Floor — Vote: 9 -0 231 Council President entertained a Motion to Accept a LATE FILE — Vote: 9 -0 LATE FILE - #325 Communication — Council President — ECDC "Development Scorecard" Received and Placed on File — Vote: 9 -0 Communications, Applications & Petitions: #324 Request — Waiver of Ordinance — Alcohol in Public Buildings — Artist's Reception @ Beverly Farms Library, 2 March 2017, Kimberly Collins Jermain, 85 -87 Hart Street Referred to Legal Affairs Council President entertained a Motion to Accept 2 LATE FILES — Vote: 9 -0 LATE FILE - #326 Communication — MA -DEP — Waterways License Application No. W16 -4816, 6 Quincy Park, Beverly, Beverly Harbor, Essex County — Tentative Approval Received and Placed on File — Vote: 9 -0 LATE FILE - #327 Communication — MA -DEP — Waterways License Application No. W16 -4813, 11 Quincy Park, Beverly, Beverly Harbor, Essex County — Tentative Approval Received and Placed on File — Vote: 9 -0 Motions and Orders (Final Passage): #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: 232 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. 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 233 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; (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. I. 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. 234 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. State law reference: M.G.L.A. c. 44, s. 55C. 1St 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: #308 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor Reappointment — Bryant Ayles — Mayor's Representative — Beverly Retirement Board Operators, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointment Order read once and adopted — Vote: 9 -0. #311 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Transfer to Fund Contract — Beverly Fire Department Fire Alarm Operators, 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. #305 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointment — Joel Margolis — Zoning Board of Appeals, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointment Order read once and adopted — Vote: 9 -0 235 #321 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Order Accepting MGL Chapter 90, Section #17C (Lower speed limit to 25MPH), have considered said matter and beg leave to report as follows: Submit the accompanying Order and recommend its adoption ORDERED: That the City of Beverly hereby accepts the provisions of M.G.L. c.90, section 17C in effect as of the date of this order. Order read once and adopted — Vote: 9 -0 #322 The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk — Election of Lisa Kent as Clerk of Committees have considered said matter and beg leave to report as follows: Recommend the Council Elect Lisa Kent as Clerk of Committees. Order read once and adopted — Vote: 9 -0 #324 The Committee on Legal Affairs, to whom was referred the matter of Request — Waiver of Ordinance — Alcohol in Public Buildings — Artist's Reception @ Beverly Farms Library, 2 March 2017, Kimberly Collins Jermain, 85 -87 Hart Street, Beverly Farms, 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 #306 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Reappointments — Neil B. Olson & Joanne Panunzio — Trustees of the Public Library, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointments Order read once and adopted. Vote: 9 -0 #307 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Reappointments — Chad Crandall & Kevin Ascolillo & Appointment — Arhur Athanas — Beverly Golf & Tennis Commission, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointments I& the Appointment Order read once and adopted. Vote: 9 -0 236 #309 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Reappointment — Kevin Hobin — Parks & Recreation Commission, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointment Order read once and adopted. Vote: 9 -0 #310 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Appointments — Frederic Hops, Julia Q. Long & Lisa W. Lillelund — Clean Energy Advisory Committee, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Appointments Order read once and adopted. Vote: 9 -0 #318 The Committee on Public Services, to whom was referred the matter of Communication — Council President — Appointments — Bruce A. Egan, Jeffrey D. Elie, Nathan M. Gray & Thomas B. Keeley — Clean Energy Advisory Committee, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Appointments Order read once and adopted. Vote: 9 -0 Unfinished Business: None Meeting Adjourned: 8:51 PM Attest: D. Wesley Slate, Jr. City Clerk 237