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Minutes - Tuesday 20 February 2018Regular Meeting - Beverly City Council, Beverly, MA MINUTES — Tuesday, 20 February 2018 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber Called to Order @ 7:06 PM Roll Call: Timothy P. Flaherty, Julie R. Flowers, John P. Frates Jr. -Vice President, Scott D. Houseman, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Flowers Moment of Silence: 1. John A. Mahan, Jr. — BPD, School Committee Member & City Councilor -at- Large Presentations, Awards and Memorials: 1. #042 —Annual Audit— Powers & Sullivan, Auditors, Jim Powers Received and Placed on File —Vote: 9 -0 Resolutions: None Comments by Citizens (subject to the conditions contained in Appendix A to the "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 Public Hearings: 7:30 PM - #040 — Petition — National Grid Plan #25105206 — Hale / West Streets Public Hearing held & closed — Referred back to Public Services 7:35 PM - #036 — Fund Transfer — Sewer Enterprise Fund -> Project #558 — Boyles Street & Cross Lane Public Hearing held & closed — Referred back to Finance & Property Acceptance of Minutes of Previous Meetings: 1. Wednesday, 24 January 2018 — Joint City Council & School Committee Meeting 2. Monday, 5 February 2018 - Regular Meeting Vote to Annrove: 9 -0 25 Communications from His Honor the Mayor: #045 (Correction of Order Number from #041) February 20, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly, through our Grants Department, has received a $15,000 grant from the Massachusetts State Historical Records Advisory Board — Preservation Grants for Veterans Collections, Sites and Memorials Program. This important grant funding will be used towards construction costs of the new Vietnam Veterans Memorial at One Ellis Square in Beverly. The Vietnam Veterans Memorial Project is a collaborative effort between the City of Beverly, Beverly Main Streets, Montserrat College of Art and the Veterans Advisory Committee. Massachusetts General Law Chapter 44 Section 53Arequires both city council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the city council approve this grant by taking action on this matter at your upcoming meeting of the City Council on Tuesday, February 20, 2018. Thank you. Sincerely yours, Michael P. Cahill Mayor cc: Catherine Barrett, Director of Grants Referred to Finance & Property Council President entertained a Motion to Accept a LATE FILE from His Honor the Mayor — Approved - Vote: 9 -0 LATE FILE - #044 February 20, 2018 The Honorable City Council City Hall Beverly, MA 01915 Re:Land and Water Conservation Fund Grant Dear Honorable City Council: I am seeking your approval of a loan authorization of $375,000 in support of the ADA accessibility project at Pete's Park. The Loan authorization is a necessary step in securing a federal Land and Water Conservation Fund ( "LWCF ") Grant in the amount of $300,000 made available through the Commonwealth's Executive Office of Energy and Environmental Affairs ( "EEA" ). Per the grant requirements, 100% of the project cost must be appropriated to be eligible for the grant. 26 The loan authorization will allow us to spend up to $600,000 in total for the project, for which we will then receive grant reimbursement up to a total of $300,000 under the LWCF grant to avoid any actual borrowing of funds. The expectation is that the project ultimately will be paid for through a combination of $225,000 in CPA funds already appropriated by the Council, private fundraising, funds already appropriated to the Parks and Recreation Department, and the LWCF grant that is the subject of the attached order. My administration and I remain available to answer any questions you may have about the project and its funding. This loan order will require a public hearing be set prior to final action by the Council. Thank you for your anticipate support of this order. Sincerely yours, Michael P. Cahill Mayor BEVERLY CITY COUNCIL ORDER WHEREAS, the Executive Office of Energy and Environmental Affairs ( "EEA ") of the Commonwealth is making available funding through the federal Land and Water Conservation Fund ( "LWCF ") Grant Program for the acquisition and development of public outdoor recreation areas and facilities in cities in the Commonwealth; WHEREAS, the LWCF Grant Program is a reimbursement program requiring cities to appropriate and /or authorize borrowing of 100% of the cost of a project as a condition of reimbursement with grant funds; WHEREAS, the City, acting by and through its Parks and Recreation Department, seeks universal ADA accessibility at Pete's Park in the City of Beverly (the "Project "), the total cost of which is expected to be $600,000 and seeks to obtain funding through the Land and Water LWCF Grant Program in the amount of $300,000 to help fund said project; WHEREAS, the City Council has already appropriated Community Preservation Act funds in the amount of $75,000 by Order Number 224 of 2016 and $150,000 by Order Number 017 of 2018 for the Project if needed; WHEREAS, the real property that constitutes Pete's Park was deeded to the City for the purpose of recreational use as a playground and open space and is protected under Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts and will continue to be so; Now Therefore, it is Ordered: That $375,000 is hereby appropriated to pay costs of the Project, including the payment of all costs incidental and related thereto, and that to meet this appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow $375,000, under and 27 pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority; provided, however, that this amount shall be reduced to the extent of any grant funds received by the City from the EEA through the LWCF Grant Program, private fundraising and /or funds already appropriated to the Parks and Recreation Department. The Mayor is authorized to proceed with taking all steps necessary to file, accept and expend grants from EEA through the LWCF Grant Program for the Pete's Park Project. Pete's Park will be dedicated to public park and outdoor recreational uses under M.G.L. ch. 45, sec. 3. City of Beverly By: Michael P. Cahill, Mayor Referred to Finance & Property Communications from other City Officers & Boards: None Communications, Applications & Petitions: #043 Petition - National Grid — Plan #25692757 — West Street (Set a Public Hearing) Referred to Public Services Unfinished Business: None Reports of Committees: #036 The Committee on Finance & Property, to whom was referred the matter of Communication — Finance Directtor - Fund Transfer — Sewer Enterprise Fund — Project #558 Boyles Street & Cross Lane Sewer Project $461,213, 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 W I- #045 (Correction of Order Number from #041) The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant — MA State Historical Records Advisory Board — Preservation Grants for Veterans Collections, Sites & Memorials Programs, $15,000, 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 #044 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Loan Authorization Approval — MA- EEA/U.S. Land & Water Conservation Fund Grant — Pete's Park Accessibility Project, 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 Monday, 5 March 2018 @ 7:40 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the request by the Mayor for approval of a loan authorization of $375,000 in support of the ADA accessibility project at Pete's Park. Order read once and adopted — Vote: 8 -0 -1 (Councilor Frates recused himsel #034 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointments — Parking & Traffic Commission — John Somes (Greater Beverly Chamber of Commerce Representative) & Aaron Clausen (Planning Director), 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 #024 The Committee on Legal Affairs, to whom was referred — Application — Lodging House License — 68 Dane Street LLC d /b /a Greycrott Inn, have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted — Vote: 9 -0 #033 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Reappointments — Veterans Advisory Committee — Charles Rehal, Paul Weinburg & Susan Moran, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Reappointments Receive and Place on File — Vote: 9 -0 29 #040 The Committee on Public Services, to whom was referred a Petition from National Grid — Plan #25104206 Hale St — National Grid to install beginning at a point approximately 140 feet North of the centerline of the intersection of Hale St and West St and continuing approximately 40 feet in a North / Northwest direction. National Grid is petitioning to install 40' +/- of 2 -4" PVC conduits encased in concrete an all appurtenances from Pole #2069 to the property line of 726 Hale St. Recommend the Petition be Granted Receive and Place on File — Vote: 9 -0 #043 The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Plan #25692757 — West Streets, 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 Monday, 5 March 2018 at 7:30 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to a Petition from National Grid — Plan #25692757 — West St — National Grid to install beginning at a point approximately 418 feet Southwest of the centerline of the intersection of West St and Beach St and continuing approximately 40 feet in a South /Southwest direction. National Grid to install 1 Primary Riser and 40ft +/- of 2 -4" PVC Conduits encased in concrete from Pole # 1914 to the property line of 89 West St. Order read once and adopted — Vote: 9 -0 Motions and Orders: None Meeting Adjourned: 8:23 PM Attest: D. Wesley Slate, Jr. City Clerk 30 30