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Minutes - Monday 1 October 2018Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 1 October 2018 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber Called to Order @ 7:03 PM Roll Call: Timothy P. Flaherty (arrived @ 7:54 PM), 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: None Council President read a letter he had received from Leland McDonough, retired Chair of the Beverly Housing Authority, thanking him, the Council and the City Clerk for the Resolution ( #2018 -194) read at the Regular Council Meeting on 17 September, honoring him on the occasion of his retirement from that position after he had moved to Hamilton. Presentations, Awards and Memorials: 1. Philip M. Cormier, CEO, Beverly Hospital & Addison Gilbert Hospital 2. #206 - Charlie Mann, Chair, Open Space & Recreation Committee Resolutions: None Public Hearings: 1. 7:30 PM —#199— Petition — National Grid & Verizon New England LLC - Plan #26138238 — Federal / Park Streets Public Hearing held & closed — Referred back to Public Services 2. 7:35 PM — #201 — Petition — National Grid Plan #26100063 — Rantoul / Wallis Streets Public Hearing held & closed — Referred back to Public Services 3. 7:40 PM - #193 — Mayor — Interdepartmental Transfers - Harbormaster Public Hearing held & closed — Referred back to Finance & Property Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders of City Council "): 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): 1. Vanessa Ford, 180 Lothrop Street 178 Acceptance of Minutes of Previous Meetings: 1. Wednesday, 5 September 2018 — Regular Meeting 2. Monday, 17 September 2018 — Regular Meeting 3. Monday, 24 September 2018 — Committee of the Whole Meeting Vote to Approve: 9 -0 Communications from His Honor the Mayor: #183A October 1, 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 has been awarded a $31,500 Recycling Dividends Program (RDP) grant from the Massachusetts Department of Environmental Protection's Bureau of Air and Waste. This grant will allow the city to continue to implement eco- friendly policies that maximize recycling, composting and waste reduction programs. This request is being resubmitted to the City Council as the original grant award amount was increased from $27,000 by the MassDEP to $31,500. 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 council approve this grant by taking action on this matter at your upcoming meeting of the City Council on October 1, 2018. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #187A October 1, 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 has been awarded a $20,000 earmark from the Commonwealth of Massachusetts — Department of Veteran's Services to support the Vietnam Veteran's Memorial project at Ellis Square. We extend our thanks to State Representative Jerry Parisella for his advocacy and lobbying to secure this critical funding for this important veteran's proj ect. This funding will be used to construct a new memorial at Ellis Square to honor Vietnam Veterans and will include a bronze statue of a 18 year old male who has been drafted, six granite markers with verbiage describing the history of the Vietnam War, eleven killed in action plaques noting the individuals who lost their lives in the war who were from Beverly, as well as two new 179 flagpoles. The dedication of this Vietnam Veteran's memorial is scheduled for Sunday, November 11, 2018. 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 council approve this grant by taking action on this matter at your upcoming meeting of the City Council on October 1, 2018. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #202 October 1, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly has been awarded a $13,760 grant from the Department of Homeland Security (DHS) and the Federal Emergency Management Agency/Massachusetts Emergency Management Agency. This grant funding will be used to purchase force protection equipment for our Fire Department personnel so they can respond effectively to potential active shooter and hostile events. Equipment purchases include helmets, vests, and back packs which contain various medical supplies. This grant will also fund active shooter /hostile event training which will help our first responders be prepared to use the equipment to provide triage, treatment, extraction and transport of victims in a rescue task force operation with a goal of saving lives. 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 council approve this grant by taking action on this matter at your upcoming meeting of the City Council on October 1, 2018. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #203 October 1, 2018 The Honorable City Council City Hall Beverly, MA 01915 :1, Dear Honorable City Council: Enclosed for your consideration is a proposed amendment to the lease between the Greater Beverly YMCA and the City for the Myles McPherson Youth Center ( "Youth Center "). The amendment will allow the YMCA to offer a "Positive Alternatives to School Suspension" program ( "PASS ") that will provide high school students who have met suspension discipline guidelines with a safe, supervised treatment program, which supports social - emotional needs, maintains academic progress, and promotes positive community engagement /restorative practices and mediation. A copy of the brochure for the program is enclosed. There will be no fee charged to students and the program will be offered to students throughout the North Shore. Because the program would be offered to non - Beverly residents, an amendment to the existing lease (a copy of which is enclosed) is necessary. I believe that the YMCA's PASS program would be a valuable resource for the young people of the community and support the use of the Youth Center for the program. I ask for your support of the program by approving the lease amendment at your meeting scheduled for October 1, 2018. Sincerely yours, Michael P. Cahill Mayor Amendment to "Miles McPherson Youth Center Lease ", dated February 16, 1995 Whereas, on or about February 16, 1995, the City of Beverly ( "Lessor ") and the "Beverly YMCA" entered into a lease for the real estate and all improvements thereon located at 4 McPherson Drive, Beverly, Essex County, Massachusetts, and known as the Miles McPherson Youth Center ( "Youth Center ") (the "1995 Lease "); Whereas, the 1995 Lease provided that `Beverly YMCA" includes, among other things, the Beverly YMCA's successors and assigns; Whereas, the Beverly YMCA merged with the Salem YMCA, on or about January 1, 1999, to create the YMCA of the North Shore, Inc., which was renamed the Young Men's Christian Association of the North Shore, Inc., on or about December 20, 2016, with an address located at 245 Cabot Street, Beverly, and the YMCA of the North Shore, Inc. is also known as the Greater Beverly YMCA (collectively "Lessee "); Whereas, the 1995 Lease provides: "Lessee shall use the leased premises only for the purpose of advancing the purposes of the Beverly Youth Collaboration Agreement,' for the benefit of the young people of the City of Beverly, and under the general review and approval of the Beverly Youth Commission;" Whereas, the Lessee seeks to offer at the Youth Center a "Positive Alternatives to School Suspension" program ( "PASS ") that will provide high school students who have met suspension discipline guidelines with a safe, supervised treatment program, which supports social - emotional needs, maintains academic progress, and promotes positive community engagement/restorative practices and mediation; Whereas, in addition to Beverly residents, PASS will be open to students who are non - Beverly residents; Whereas, there will be no fee charged to students; Whereas, the Lessor believes that PASS would be a valuable resource for the young people of the community and supports the use of the Youth Center for PASS; Now therefore, parties mutually agree to amend the 1995 Lease as follows: 1. The Lessee is and shall be the Young Men's Christian Association of the North Shore, Inc., of 245 Cabot Street, Beverly, MA, a /k/a the Greater Beverly YMCA. 181 2. The Lessee may use the Youth Center for PASS under the same terms and conditions set forth in the 1995 Lease. All other terms, conditions and obligations of the 1995 Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these amendments to the 1995 Lease to be executed under seal this day of , 2018. LESSEE: YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE NORTH SHORE, INC. By: Printed Name: Title: Date: LESSOR: CITY OF BEVERLY By: Printed Name: Title: Date: 3. The Lessee will give priority to Beverly residents for participation in the PASS program. 4. Lessee will continue to maintain insurance as required by the 1995 Lease and will continue to name the Lessor as an additional insured. 5. Lessee hereby releases Lessor, and agrees to defend, indemnify and hold Lessor harmless from and against all costs, claims, demands or causes of action (including, without limitation, reasonable attorney's fees, court costs and workers compensation claims) for damage or injury to persons or property caused by any error, omission, negligent act, conduct or misconduct of the personnel employed by or contracted by the Lessee and arising out of the 1995 Lease and any amendments to the 1995 Lease, Lessee's use or occupancy of the Youth Center, or the use or occupancy of the Youth Center by any individual(s) granted access to the Youth Center by Lessee. 182 MILES McPHERSON YOUTH CENTER LEASE 1. PARTIES The CITY OF BEVERLY, LESSOR, which expression shall include its successors and assigns where the context so admits, does hereby lease to The BEVERLY YMCA, LESSEE, which expression shall include its heirs, successors, executors, administrators, and assigns where the context so admits, and the LESSEE hereby leases the following described premises: 2. PREMISES The real estate and all improvements thereon located in Beverly, Essex County Massachusetts, and known as the Miles McPherson Youth Center. 3. TERM The term of for an initial term of approximately five months through June 30, 1995, and automatically renewed thereafter for one year terms, for as long as the parties hereto continue and coterminous with the term of the "Beverly Youth Collaboration Agreement "; upon the termination or other discontinuance of the "Beverly Youth Collaboration Agreement ", this lease shall also determine and be at end. 4. RENT Unless otherwise agreed by and between in writing by the parties, the LESSEE shall pay no rent to the LESSOR hereunder, but this Lease shall be upon consideration of the several obligations and understandings of the parties set forth in the "Beverly Youth Collaboration Agreement ", dated Febnucvcy 16 , 1995, and incorporated by reference herein. 5. UTILITIES The LESSEE shall pay, as they become due, all bills for electricity and other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the leased premises and all bills for fuel. 6. USE OF LEASED PREMISES LESSEE shall use the leased premises only for the purpose of advancing the purposes of the "Beverly Youth Collaboration Agreement ", for the benefit of the young people of the City of Beverly, and under the general review and approval of the Beverly Youth Commission. 7. COMPLIANCE WITH LAWS The LESSEE acknowledges that no trade or occupation shall be conducted in the leased premises or use made thereof which will be unlawful, improper, noisy or offensive, or contrary to any law or any municipal by -law or ordinance in force 183 in the City of Beverly 8. FIRE INSURANCE The LESSEE shall not permit any use of the leased premises which will make voidable any insurance on the property of which the leased premises are a part, or on the contents of said property or which shall be contrary to any law or regulation from time to time established by the New England Fire Insurance Rating Association, or any similar body succeeding to its powers. 9. MAINTENANCE The LESSEE agrees to maintain the leased premises in good order, repair and condition, damage by fire and other casualty only excepted, and whenever necessary, to replace plate glass and other glass therein, acknowledging that the leased premises are now in good order and the glass whole. The LESSEE shall not permit the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. LESSEE shall obtain written consent of LESSOR before erecting any sign on the premises. LESSEE acknowledges that LESSEE is taking the premises in their "as is" condition at the time of signing of this Lease. The LESSOR agrees to maintain the structure of the building of which the leased premises are a part in the same condition as it is at the commencement of the term or as it may be put in during the term of this lease, reasonable wear and tear, damage by fire and other casualty only excepted. 10. ALTERATIONS - ADDITIONS The LESSEE shall not make structural alterations or additions to the leased premises, but may make non - structural alterations provided the LESSOR consents thereto in writing, which consent shall not be unreasonably withheld or delayed. Unless otherwise agreed in writing, all such allowed alterations shall be at LESSEE's sole expense and Lessee shall obtain all necessary building and other applicable permits therefor and Lessee shall construct the same in accordance with all applicable laws, ordinances and regulations. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the leased premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any alterations or improvements made by the LESSEE shall become the property of the LESSOR at the termination of occupancy as provided herein. 11. ASSIGNMENT- SUBLEASING The LESSEE shall not assign or sublet the whole 2 W.E. or any part of the leased premises. 12. LESSEE'S LIABILITY INSURANCE The LESSEE shall maintain with respect to the leased premises and the property of which the leased premises are a part comprehensive public liability insurance in the amount of $1,000,000.00 with property damage insurance in limits of $1,000,000.00 in responsible companies qualified to do business in Massachusetts and in good standing therein insuring the LESSOR as well as LESSEE against injury to persons or damage to property as provided. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of the term, and thereafter within thirty (30) days prior to the expiration of any such policies...-All such insurance certificates shall provide that such policies shall not be cancelled without at least fifteen (15) days prior written notice to each assured named therein. 13. NOTICE Any notice from the LESSOR to the LESSEE relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if left at the leased premises addressed to the LESSEE, or if mailed to the leased premises, registered or certified mail, return receipt requested, postage prepaid, addressed to the LESSEE. Any notice from the LESSEE to the LESSOR relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if mailed to the LESSOR by registered or certified mail, return receipt requested, postage prepaid, addressed to the LESSOR at 191 Cabot Street, Beverly, MA 01915, ATTN: Mayor. 14. SURRENDER The LESSEE shall at the expiration or other termination of this lease remove all LESSEE's goods and effects from the leased premises, (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the LESSOR the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the leased premises, in good condition, damage by fire or other casualty only excepted. 3 185 IN WITNESS WHEREOF, the said parties hereunto set their hands and seals this 76th day of Fefz)=Ay , 1995. WITNESS: WITNESS: Referred to Legal Affairs The CITY OF BEVERLY BY G� " Its Mayon my Authorized The BEVERLY YMCA B � r Its Y,Duly thorize� 0 Communications from other City Officers & Boards: #204 Communication — City Clerk — Application — Permit — Christmas Trees — Zip's Ice Cream, LLC, 294 Elliott Street Referred to Legal Affairs :. #205 Communication — CPC — FY2019 Proposed CPA Budget Referred to Finance & Property to Set a Public Hearing #150A Communication — City Clerk — Warrant — State Election — Tuesday, 6 November 2018 Council President entertained a Motion to Approve on the Floor — Approved - Vote: 9 -0 #0508 Communication — Beverly Regional Airport — Reimbursement — Mass -DOT -> Fence Project Referred to Finance & Pro #206 Communication — Open Space & Recreation Committee 2018 Annual Report Received and Placed on File — Vote: 9 -0 Communications, Applications & Petitions: #207 Communication — Griffin Engineering Group, LLC — Environmental Notification Form ( "ENF ") — Jubilee Yacht Club Deck Extension, 127 Water Street Received and Placed on File — Vote: 9 -0 Unfinished Business: None Motions and Orders: None :A Reports of Committees: #0506 The Committee on Finance & Property to whom was referred the matter of Communication — Beverly Regional Airport – Grant for additional funding – Mass -DOT -> Complete Fence Project, 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 #183A The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — RDP Grant Increase to $31,500 – Mass -DEP -> Recycling Program, 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 #187A The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Earmark – MA -DVS $20,000 -> Vietnam Veteran's Memorial @ 1 Ellis Square courtesy of State Representative Jerry Parisella, 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 also mentioned that the Dedication of this Memorial will take place on Veterans Day, Sunda, November 2018. #193 The Committee on Finance & Property to whom was referred the matter of Communication – Mayor – Interdepartmental Transfer $25,500 Reserve for Unforseen –> Capital Purchases - Harbormaster, 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 #202 The Committee on Finance & Property to whom was referred the matter of Communication – Mayor – Grant – DHS -FEMA $13,760 -> BFD Force Protection Equipment, have considered said matter and beg leave to report as follows, to wit: W.H. Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0 #205 The Committee on Finance & Property to whom was referred the matter of Communication — Community Preservation Committee — FY2019 Proposed CPA Budget, 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, 15 October 2018 @ 7:45 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the Community Preservation Committee Fiscal Year 2019 Proposed CPA Budget. Order read once and adopted — Vote: 9 -0 #189 The Committee on Legal Affairs to whom was referred the matter of Communication — Council President — Amended Ordinance — Unclassified Salaries, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted — Vote: 9 -0 #198 The Committee on Legal Affairs to whom was referred the matter of Communication — Council Vice President Frates — Reappointment — OSRC Ward 6 Representative — Elizabeth Dunne, 16 Greenwood Avenue, 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: 9 -0 #203 The Committee on Legal Affairs to whom was referred the matter of Communication — Mayor — Proposed Amendment — Lease — Greater Beverly YMCA — Myles McPherson Youth Center, 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 -1 (Councilor Flaherty recused himself from the Vote) #204 The Committee on Legal Affairs to whom was referred the matter of Communication — City Clerk — Application — Permit — Christmas Trees — Zip's Ice Cream, LLC, 294 Elliott Street, have considered said matter and beg leave to report as follows, to wit: Recommend the Application be Granted Order read once and adopted — Vote: 9 -0 #199 The Committee on Public Services to whom was referred the matter of Petition — National Grid and Verizon New England Inc.— Plan #26138238 — Federal and Park Streets and Rear of 236 Rantoul 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: 9 -0 #202 (to be renumbered as 2018 -208 at the next Regular City Council Meeting on Monday, 15 October 2018 due to 2018 -202 having been asst ned in error to the first new Order on this Meeting's Agenda The Committee on Public Services to whom was referred the matter of Communication — Mayor — Appointment — Airport Commission —Aaron Henry, Danvers Representative, 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 Meeting Adjourned: 8:44 PM Attest: D. Wesley Slate, Jr. City Clerk 190 190