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Minutes - Monday 15 May 2017Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 15 May 2017 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber Called to Order @ 7:00 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 Frates Comments by Citizens (subject to the conditions contained in Appendix A to the City Council's Rules and Orders): Anyone who would like to speak at the Meeting has until 9:30AM on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each): None Resolutions: None Presentations, Awards & Memorials: 1. Swearing -In — Beverly Fire Department: Brian C. Mahan — Promotion from Firefighter to Lieutenant Peter J. Casey — Firefighter Jesse W Spause - Firefighter 2. Judith Cronin, Executive Director & Merri -Lynn Lathrop, Director of Operations, Greater Beverly YMCA Sterling Public Hearing: 1. 7:30 PM - #394 — BFD North Beverly Fire Station — Floor Repair Public Hearing Held and closed, referred back to Finance & Property Presentations, Awards & Memorials (continued): 3. Sue Gabriel, Executive Director, Beverly Bootstrap 4. John Augeri, Chair, Beverly Farmer's Market Acceptance of Minutes of Previous Meeting: 1. Monday, 1 May 2017 - Regular Meeting Vote to Annrove: 9 -0 Communications from His Honor the Mayor: #406 May 15, 2017 The Honorable City Council City Hall Beverly, MA 01915 Re: Wayside Trans. Corp. Lease of Airport Property 295 Dear Honorable City Council: I am submitting the attached order authorizing the execution of a lease of Beverly Regional Airport property to Wayside Trans. Corp. for your review and approval. This lease will allow the Airport to maximize the benefit of a parcel that has been approved by the FAA for non - aviation use. Sincerely yours, Michael P. Cahill Mayor Attachment In the year two thousand and seventeen: Be it ordered by the City Council of the City of Beverly as follows: That the Mayor is authorized to sign and enter into a lease on behalf of the City of Beverly leasing a portion of Beverly Regional Airport property to Wayside Trans. Corp. Said lease shall be in substantial conformity with the attached lease. Be it further ordered that the Mayor be authorized to execute, amend, record and revise, if necessary, the lease and any related documents. Referred to Legal Affairs #407 May 15, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby appoint subject to your review and recommendation Ms. Nancy S. Dillon, 4 Middle Street, Beverly to serve as a member of the Beverly Waste Reduction Committee. Her term is to be effective until March 31, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services 296 #408 May 15, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: As we approach the end of fiscal year 2017, it is necessary to realign some funds within our operating budget to properly account for costs through June 30' As you are aware, any inter- departmental transfers require approval of the City Council and I ask for you to consider the attached transfer requests at the next scheduled city council meeting. This transfer will fund the cost associated with a number of retirements in various departments as well as a portion of the city's snow and ice budget overrun for the recent winter. This request will require a public hearing be set and proper notification be posted at least 10 days prior to any final action by the City Council. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property to Set a Public Hearing 297 FISCAL 2017 DRAFT Budget Transi sub'ecttochan a orior to ou 12101 51511 Police retirement buyout 592 11451 51511 Treasurer CoIIectorRetirementBuyout 512 11621 51511 Clerk of Committee Retirement Buyout 530 12951 51511 Harbor Se eration of Service 52,323 20450 51511 Air ort 538 12201 51511 Fi re 517,436 14233 55369 Snow and Ice budget 5140,000 19121 51700 Workers Compensation medical bills 525 Referred to Finance & Property to Set a Public Hearing 297 Communications from other City Officers & Boards: #409 Communication - Community Preservation Committee — 2017 CPC Plan Referred to Finance & Pro Council President entertained a Motion to accept a Late File from the Finance Director — Approved — Vote: 9 -0 LATE FILE - #413 Communication - Finance Director — Trashfinders Ball Donation $255 Referred to Finance & Pro Communications, Applications & Petitions: #410 Communication — MASS -DOT — Changes to Speed Limit Regulations Received and Placed on File — Vote: 9 -0 #411 Communication — Beverly Farmers' Market — 2017 Season Referred to Finance & Property #412 Communication — Office of Attorney General — Filing of Zoning Amendments Received and Placed on File — Vote: 9 -0 Unfinished Business (2 Reading): #401 The Committee on Legal Affairs, to whom was referred the matter of Communication — Assistant City Solicitor — Amendment to the Veterans Advisory Committee, have considered said matter and beg leave to report as follows: Submit the Accompanying Amended Ordinance and Recommend its Adoption pending Publication & Final Passage: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: O In the year two thousand and seventeen An Ordinance amending an Ordinance relative to: Article II of Chapter 15 -48 of the 2016 revised Code of Ordinances of the City of Beverly: By amending § 15 -48 of the Beverly General Code by adding the following sentence at the end of §15-48(a): "Full -time municipal employees are eligible to be appointed to the Veterans Advisory Committee." As amended, the ordinance will read: §15 -48 Veterans Advisory Committee A. Establishment; composition. There is hereby established a Veterans Advisory Committee. This Committee shall consist of 13 total members serving without compensation, who shall be appointed by the Mayor, subject to confirmation by the City Council for a term of three years. Initial appointments of members shall be for staggered terms. At least a majority of the total members shall at all times be veterans. The Director of Veterans' Services shall serve, by virtue of office, as a member of the Committee. The Veterans' Graves Officer appointed by the Mayor according to § 58 -45 shall also serve as a member of the Committee. Members may be removed in accordance with the provisions of the City Charter. Notwithstanding § 15 -8, the Mayor may appoint, subject to confirmation by a two - thirds vote of the City Council, members who are not residents of the City of Beverly. Full -time municipal are eligible appointed__to the Veterans Advisory Committee. B. Authority and responsibilities. (1) The Veterans Advisory Committee shall act in an advisory capacity to the Mayor, City Council, and other interested departments, boards, commissions or committees and to the citizens of Beverly relative to any and all matters concerning military veterans. (2) A majority of the appointed members presently named and serving on the Committee shall constitute a quorum. A majority of the members presently named and serving on the Committee shall be necessary for the approval or disapproval of any recommendation. (3) The Committee shall, at its first meeting, vote to elect a Chair, Vice Chair and Secretary of the Committee. The Committee shall adopt rules and regulations for keeping accurate minutes of its meetings. (4) The Committee's functions shall include, but are not limited to, the following: (a) The Committee shall serve as a resource to the City of Beverly and the public. The Committee may provide education and support to help raise awareness on veteran - related matters. (b) The Committee shall provide the public with contacts to agents of federal, state and local agencies that provide services to veterans and their families. (c) The Committee shall assist The City of Beverly's Director of Veterans' Services in coordinating annual and ad hoc veteran - related community events, such as parades, remembrances or other such events. OR (d) The Committee shall provide continuing oversight of the condition of each of the several veterans memorials of the City and shall from time to time, not less frequently than annually, file a report with the Director of Veterans' Services with recommendations as to any needed repairs, upkeep, maintenance and improvements to such memorials as in its judgment may be necessary or advisable. Whenever the Committee believes an expenditure of funds in excess of ordinary maintenance is required to be made, it shall submit its report containing such recommendation in time to be considered as part of the capital improvement plan. First Reading: Monday, 1 May 2017 Second Reading: Monday, 15 May 2017 Published in the Salem News on Friday, 5 May 2017. Final Passage: Monday, 5 June 2017 Order read once and adopted — Vote: 9 -0 #405 The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Rand — Removal of Handicap Sign — 18 Porter Street, have considered said matter and beg leave to report as follows: Submit the Accompanying Amended Ordinance and Recommend its Adoption pending Publication & Final Passage: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and seventeen, An Ordinance amending an Ordinance relative to: Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ", Amending Section 270 -49 as follows: DELETE: Porter Street At approximately 18 Porter Street First Reading: Monday, 1 May 2017 Second Reading: Monday, 15 May 2017 Published in the Salem News on Friday, 5 May 2017. Final Passage: Monday, 5 June 2017 Order read once and adopted — Vote: 9 -0 Reports of Committees: �AA'r The Committee on Finance & Property, to whom was referred the matter the City appropriating the sum of Five Hundred Fifty Thousand dollars ($550,000) to pay the costs of repair work at the North Beverly fire station, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0 300 #408 The Committee on Finance & Property, to whom was referred the matter of FY2017 End of Year Operating Budget transfers, have considered said matter and beg leave to report as follows, to wit. Submit the accompanying order and recommend its adoption: Ordered: That the City Council of the City of Beverly hold a Public Hearing on Tuesday, 30 May 2017 at 7:30 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA relative to end of Fiscal Year 2017 operating budget transfers to fund the cost associated with a number of retirements in various departments as well as a portion of the City's Snow and Ice Budget overrun for the recent winter. Order read once and adopted — Vote: 9 -0 #411 The Committee on Finance & Property, to whom was referred the matter of Communication — Beverly Farmers Market — permission to use public property — section of Railroad Avenue & Park Street (Veterans' Memorial @ Odell Park) on Mondays, excluding holidays, from 3 -7 PM on 12 June — 2 October, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted — Vote: 8 -0 -1 (Councilor Rand recused herself from voting as she is the Manager of the Beverly Farmers Market) #413 The Committee on Finance & Property, to whom was referred the matter of Request for approval to accept $255 to support our City's Human Rights Committee according to MGL Ch 44, Sec 53A, from the Trashfinders Ball, have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request. Order read once and adopted — Vote: 9 -0. Council President thanked Sean Devlin and the others involved in the Trashfinders Ball event for their donation. #378 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointments — Human Rights Commission — Salvatore DiMercurio & Dr. Steven Hiersche, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Reappointments Order read once and adopted — Vote: 9 -0 #379 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Appointment - Conservation Commission — Stephanie Herbster, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointment Order read once and adopted — Vote: 9 -0 301 #397 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Reappointments — Cultural Council — Michael Miller, Andrew Houle, Savery Kelley, Colleen Michaels and Brenda Wong Murphy, 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 Motions and Orders: None Meeting Adjourned: 8:30 PM Attest: D. Wesley Slate, Jr. City Clerk 302 302