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Minutes - Tuesday 17 April 2018Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Tuesday, 17 April 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 (Absent), James F. Latter, Donald G. Martin, Estelle M. Rand, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Houseman Moment of Silence: 1. K9 Officer Sean M. Gannon, Yarmouth PD 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 Presentations, Awards and Memorials: 1. Presentation —Fred Hopps, Chair, Clean Energy Advisory Committee - Update Public Hearings: 1. 7:15 PM - #043 — Petition — National Grid Plan #25692757 - West Street Public Hearing held & closed — Referred back to Public Services Resolution: 1. #076 — The Book Shop, Beverly Farms — 50 Anniversary Approved on the Floor — Vote: 8 -0 Acceptance of Minutes of Previous Meetings: 1. Monday, 2 April 2018 - Regular Meeting Vote to Approve: 8 -0 51 Communications from His Honor the Mayor: #073 April 17, 2018 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby appoint, subject to your review and recommendation, Ms. Caroline Baird Mason, 583 Hale Street, Beverly to serve on the Beverly Historic Commission. Her term is to be effective until April 1, 2021. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs #074 April 17, 2018 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: Attached is a letter from Fire Chief Paul Cotter regarding the donation of workout equipment from the Beverly Athletic Club for use by the Fire Department personnel. Pursuant to Massachusetts General Law, any donation of tangible property requires City Council approval before they can accept. Please take action at your next meeting on April 17, 2018. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #075 April 17, 2018 The Honorable City Council 191 Cabot Street Beverly, MA 01915 52 Re: Home Rule Petition Regarding Fire Chief Mandatory Retirement Age Dear Honorable City Council: In March 2019, Fire Chief Paul Cotter reaches the age of mandatory retirement (age sixty -five) set out by the state legislature for firefighters. Chief Cotter does a tremendous job for the City, and is both physically and mentally fit to continue to work well past the mandatory retirement age. Therefore, I am requesting that you approve the enclosed Home Rule Petition that requests that the legislature of the Commonwealth of Massachusetts waive the mandatory retirement age for Chief Cotter. Sincerely yours, Michael P. Cahill Mayor ORDERED: That the Legislature of the Commonwealth of Massachusetts be requested to waive the mandatory retirement age for Paul Cotter, Chief of the Beverly Fire Department as set forth in the attached Home Rule Petition provided that the legislature may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition HOME RULE PETITION An Act authorizing the City of Beverly to employ Paul Cotter as Fire Chief beyond the statutory retirement age. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding any general or special law to the contrary, Paul Cotter may be appointed and may continue to serve in the position of the Fire Chief of the city of Beverly Fire Department until the date of his retirement or until the date he is relieved of his duties by the Mayor, whichever occurs first; provided, however, that he is mentally and physically capable of performing the duties of his office. The city of Beverly, at its own expense, may require that Paul Cotter be examined by an impartial physician designated by the city to determine his mental and physical capability. No further deductions shall be made from the regular compensation of Paul 53 Cotter under chapter 32 of the General Laws for any service subsequent to March 16, 2019, and upon retirement, he shall receive a superannuation retirement allowance equal to that which he would have been entitled had he retired on March 16, 2019. SECTION 2. This act shall take effect upon its passage. Referred to Legal Affairs Council President entertained a Motion to Accept 2 LATE FILES from His Honor the Mayor— Approved -Vote: 8 -0 LATE FILE - #084 April 17, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I respectfully ask that you approve a transfer of the city's free cash balance to fund the capital costs associated with upgrading the city's dispatch facilities. My administration's Capital Expenditure Plan highlighted the need for investment in equipment upgrades which consists of technology, infrastructure and communication upgrades that are necessary to continue to deliver high quality dispatch services to our first responders. The requested transfer of free cash is in the amount of $425,000. This action requires a public hearing be set and held prior to final City Council action. Please take action on this request at this evening's City Council meeting. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property to Set a Public Hearing LATE FILE - #085 April 17, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I respectfully ask that you approve a transfer of the city's free cash balance in the amount of $175,000 to fund the costs associated with upgrading the city's Computer Aided Dispatch (CAD) platform. The city's CAD system needs to be upgraded from the current PRO4 system irrespective of our move to combined civilian dispatch. Our overall emergency dispatch needs 54 require this investment and performing this upgrade in conjunction with the upgrades to our dispatching consoles would be the most efficient time to do so. The new CAD system will allow enhanced record management, and on site data entry and access for our first responders ultimately enhancing the city's ability to deliver high quality public safety and emergency services. The requested transfer of free cash requires a public hearing be set and held prior to final council action. Please take action on this request at this evening's City Council meeting. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property to Set a Public Hearing Communications from other City Officers & Boards: #078 Communication — Beverly Contributory Retirement Board — Approval of COLA amount Received and Placed on File — Vote: 8 -0 #079 Communication — BPD Traffic /Safety Sergeant — Handicapped Sign @ 9 Porter Street Referred to Legal Affairs Council President entertained a Motion to Accept 2 Late Files, the first from the Planning Director and the second from the Council President — Approved - Vote: 8 -0 LATE FILE - #066A Communication — Planning Director — Additional Eligible Buyer Referred to Legal Affairs LATE FILE - #083 Communication — Council President 4 Council — Gerry Perry's New Position Received and Placed on File — Vote: 8 -0 Communications, Applications & Petitions: 55 #080 Communication — American Diabetes Association Tour de Cure — Sunday, 20 May Walking & Running Fundraising Event (Councilor Latter) Received and Placed on File — Vote: 8 -0 #081 Application for License (Renewal) — Pawnbroker — Nyan Group (DBA Cash Point), 135 Cabot Street Referred to Legal Affairs Council President entertained a Motion to Accept a Late File — Approved - Vote: 8 -0 LATE FILE - #082 Communication — Neurofibromatosis Northeast — 8th Annual Coast to the Cure — Saturday, 8 September 2018 Received and Placed on File — Vote: 8 -0. Unfinished Business: None Motions and Orders (FINAL PASSAGE): 1. #048 — Amended Ordinance — Ch. 210 "Parks, Recreation Areas & Public Property" - Permitting Use of Parks & Public Spaces ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and eighteen An Ordinance amending an Ordinance relative to Ch. 210 "Parks, Recreation Areas & Public Property w /r /t Permitting Use of Parks and Public Spaces." Copies of the completed Ordinance are on file in the Office of the City Clerk, and in the Planning Department, and are available for public review. First Reading: Monday, 5 March 2018 Second Reading: Monday, 2 April 2018 Published in the Salem News on Friday, 6 April 2018 Final Passage: Tuesday, 17 April 2018 Approved — Vote: 8 -0 2. #049 — Amended Ordinance — Ch. 270 -3 "Block Parties, parades & processions" ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and eighteen An Ordinance amending an Ordinance relative to Ch. 270 -3 — "Block parties, parades and processions." 56 Copies of the completed Ordinance are on file in the Office of the City Clerk, and in the Planning Department, and are available for public review. First Reading: Monday, 5 March 2018 Second Reading: Monday, 2 April 2018 Published in the Salem News on Friday, 6 April 2018 Final Passage: Tuesday, 17 April 2018 Approved — Vote: 8 -0 Reports of Committees: #074 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Donation — Beverly Athletic Club — Workout Equipment -4 Beverly Fire Department, 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: 8 -0 #084 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Free Cash Transfer - $425K — Dispatch Consoles (Set a Public Hearing), 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, 7 May 2018 @ 7:30 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the request by the Mayor for approval of a transfer from Free Cash of $425K for the purchase of Dispatch Consoles. Order read once and adopted — Vote: 8 -0 #085 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Free Cash Transfer of $175K for the purchase of Computer Aided Dispatch (Set a Public Hearing), 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, 7 May 2018 @ 7:45 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the request by the Mayor for approval of a transfer from Free Cash of $175K forthe purchase of ComputerAided Dispatch Consoles. Order read once and adopted — Vote: 8 -0 #062 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Appointment — Constable — Steven J. Hamilton, 422 Olivia DR / Northbridge, MA, 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: 8 -0 #063 57 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointments — Human Rights Committee — Paul Lanzikos, Arthur Athanas, Chief John LeLacheur, 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: 8 -0 #066A The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Director — Additional Eligible Buyer, 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: 8 -0 #069 The Committee on Legal Affairs, to whom was referred the matter of Communication — Council President — Appointment — Clean Energy Advisory Committee — Amy B. Smith, 29 Lothrop Street, #3, 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: 8 -0 #075 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Home Rule Petition — Fire Chief Mandatory Retirement Age, 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: 8 -0 #079 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic /Safety Sergeant — Handicapped Sign @ 9 Porter Street, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and eighteen, 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: ADD: Porter Street At approximately 9 Porter Street Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: Tuesday, 17 April 2018 Second Reading: Monday, 7 May 2018 Ordinance to take effect upon Publication & Final Passage. Final Passage: Monday, 21 May 2018 Order read once and adopted — Vote: 8 -0 #081 The Committee on Legal Affairs, to whom was referred the matter of Application for License (Renewal) — Nyan Group (DBA Cash Point), 135 Cabot Street, have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted: Order read once and adopted — Vote: 8 -0 #043 The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Plan #25692757 — West Street, have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted Order read once and adopted — Vote: 8 -0 #059 The Committee on Public Services, to whom was referred the matter of Communicaiton — Mayor — Reappointment — Beverly Waste Reduction Committee — Sandy Burgess, 14 Walker Road, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Reappointment Order read once and adopted — Vote: 8 -0 #060 The Committee on Public Services, to whom was referred the matter of Communicaiton — Mayor — Appointment — Board of Registrars of Voters — Michael M. Murphy, 43 Fairview Avenue, 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: 8 -0 #061 The Committee on Public Services, to whom was referred the matter of Communicaiton — Mayor — Appointment — Beverly Housing Authority — Nancy J. Marino, 9 Wellman Street, 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: 8 -0 Public Hearings: 59 2. 8:00 PM - #058 —Communication —Mayor - $1.2M Loan Authorization —Parking Equipment - Downtown Public Hearing held & closed — Referred back to Finance & Property Reports of Committees: #058 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — $1.2M Loan Authorization — Parking Equipment - Downtown, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption: ORDERED: That the City appropriates the sum on One Million Two Hundred Thousand Dollars ($ 1,200,000) to pay costs of purchasing parking meter kiosks and related traffic enforcement equipment, including the payment of all other costs incidental and related thereto, and to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. c. 44, s. 7(I) or any other enabling authority and that the Mayor is authorized to take any other action necessary to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this order, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this order in accordance with M.G.L. c. 44, $20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Order read once and adopted — Vote: 8 -0 Meeting Adjourned: 8:30 PM Attest: D. Wesley Slate, Jr. City Clerk 60 We