Minutes - Monday 19 November 2018Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 19 November 2018 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:04 PM
Roll Call: Timothy P. Flaherty, Julie R. Flowers, John P. Frates Jr. -Vice President
(absent), Scott D. Houseman, David J. Lang, James F. Latter (absent), Donald G.
Martin, Estelle M. Rand, Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Houseman
Moment of Silence:
1. Fred Berry, 2 "d Essex District & State Senate Majority Leader (ret.)
Presentations, Awards and Memorials: None
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): None
Resolutions: None
Acceptance of Minutes of Previous Meetings:
1. Monday, 5 November 2018 — Regular Meeting
2. Thursday, 15 November 2018 — Special Meeting
Vote to Approve: 7 -0
Communications from His Honor the Mayor:
#217A
November 19, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
On November 5, 2018, I submitted a request for funding to enhance security and communication
systems within our schools. The request was for a combined funding of $3,750,000 and
consisted of a transfer of free cash and an appropriation of uncaptured new growth. I
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respectfully request that the initially requested funding sources be restructured. I propose the
$3,750,000 funding be comprised of a $2,000,000 free cash transfer, a $475,000 appropriation of
uncaptured new growth and a $1,275,000 loan authorization (which I will request the city pay
down upon certification of next year's free cash balance). Although the total project cost does
not change from my original request, this revised funding strategy maintains higher levels of the
City's unrestricted fund balance and free cash reserves while spreading the total cost over a
period of two years.
The addition of the loan authorization will require a proper public hearing be set with
advertisement of the public hearing and full appropriation language at least seven days prior to
the public hearing and at least 10 days prior to final City Council action on the order. I
respectfully request the City Council set a new public hearing to hear this revised request at your
next public meeting on Monday November 19, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
#027D
November 19, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
This evening I am submitting to you a revised version of my previous submission titled City of
Beverly Financial Policies and Guidelines. I very much appreciate the feedback provided by
City Council members and hope that the City Council will vote to receive and place this
document on file and that the City Council consider drafting and adopting a resolution in support
of this document.
Sincerely yours,
Michael P. Cahill,
Mayor
Referred to Finance & Property
#237
November 19, 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 $19,575 grant from the
Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program and the Baker - Polito
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Administration. This grant will allow the Beverly Police Department to purchase ballistic shield
which will provide additional protection for our law enforcement officers. It is critical to provide
the most updated equipment to our police officers to ensure their safety while they serve on the
front lines to protect our community. Over $1.3 million in JAG program grants was awarded to
77 Massachusetts communities.
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 on November 19, 2018. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
cc: Catherine Barrett
Police Chief John LeLacheur
Referred to Finance & Pro
Communications from other City Officers & Boards:
#226A
Communication — BPD Traff ic /Safety Sergeant — Amended Ordinance — Ch. 270 -49C —
Handicapped Sign — 52 Middlebury LN
Referred to Legal Affairs
#227A
Communication — BPD Traff ic /Safety Sergeant — Amended Ordinance — Ch. 270 -49C —
Handicapped Sign — Emerson Circle
Referred to Legal Affairs
#238
Communication — Superintendent, Salem & Beverly Water Supply Board — Notification
of Water Usage in the City
Received and Placed on File — Vote: 7 -0
#239
Communication — Chief Assessor / Chair, Board of Assessors —Allocation of FY2019
Tax Levy Percentages (Set a Public Hearing)
Referred to Finance & Property to Set a Public Hearing
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#197A
Communication – Finance Director –Approval to Pay 8 Prior Year Invoices Totaling
$5,195.92
Referred to Finance & Property
Council President Entertained a Motion to Accept a LATE FILE from the
Assistant Planning Director & Assistant City Solicitor — Approved - Vote: 7 -0
LATE FILE - #229B
Communication – Assistant Planning Director &Assistant City Solicitor– Acceptance of
Village Lane as a Public Way
Referred to Public Services
Communications, Applications & Petitions
#229A
Communication – O. Bradley Latham, Latham Law Offices LLC – Petition for
Acceptance of Village Lane as a Public Street in the City of Beverly, MA
Referred to Public Services
#240
Petition – National Grid – Plan #27289322 – Wadsworth Place (Set a Public Hearing)
Referred to Public Services to Set a Public Hearing
Unfinished Business (2 Reading):
#225
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 ", Article VI. "Stopping, Standing & Parking Restrictions ", Section 270-
45 "Fifteen- minute parking ",
Amending Section 270 -45 as follows:
DELETE: Webster Avenue East From Haskell Street 150 Feet North.
First Reading: Monday, 5 November 2018
Published in the Salem News on Friday, 9 November 2018
Second Reading: Monday, 19 November 2018
Final Passage: Monday, 3 December 2018
Order read once and adopted — Vote: 7 -0
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#226
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 -49C as follows:
ADD: Middlebury Lane at approximately 52 Middlebury Lane.
First Reading: Monday, 5 November 2018
Published in the Salem News on Friday, 9 November 2018
Second Reading: Monday, 19 November 2018
Final Passage: Monday, 3 December 2018
Order read once and adopted — Vote: 7 -0
#227
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 -49C as follows:
ADD: Emerson Circle
First Reading: Monday, 5 November 2018
Published in the Salem News on Friday, 9 November 2018
Second Reading: Monday, 19 November 2018
Final Passage: Monday, 3 December 2018
Order read once and adopted — Vote: 7 -0
Public Hearings:
1. 7:25 PM - #219 —Acceptance of Grant — MA Department of
Transportation Community Transit Grant Program $56,000 — Senior
Center Type D 16 passenger minibus — Public Hearing held. Finance
Director Bryant Ayles described the funding mechanism for this
purchase. Councilor Rand — What is the balance of this Enterprise Fund
after this? Ayles: $44,870. Rand: Was this identified by the Senior Center
as a need in their yearly plan? Ayles: Yes. Councilor Lang: Was this
replacing the second vehicle? Ayles: Yes, other vehicle will be used as
backup, or depending on its condition may be surplused. No members
of the public signed up to speak. Council President declared the Public
Hearing closed, and referred the matter back to Finance & Property.
2. 7:30 PM - #233 – Petition – New Cingular Wireless PCS, LLC ( "at &t ") for Grant
of Location for Telecommunication Wires and Wireless Attachments and
Appurtenances: Project: Area6_BevA: Location: 22 Nursery ST, Beverly, MA.
Atty. Ed Pare of Brown Rudnick LLP, Boston introduced himself as
representing the petitioner and described the project in some detail. Many
questions from Councilors Martin, Houseman, Land & Flowers. Members of
the public who are abutters notified of the Public Hearing signed up to speak.
Concerns were raised about environmental issues, alternative sites for the
equipment, the process by which this location was chosen, and how the
abutters were notified of the Public Hearing. Councilor Martin who represents
the area and actually lived there some time back suggested that given these
concerns, that the measure be held in Committee without action being taken
tonight, given the number of unanswered questions on the matter. Council
President declared the Public Hearing closed, and referred the matter was
referred back to Public Services.
3. 7:35 PM - #210 —Budgetary Adjustments for the annual Tax
Recapitulation process. Public Hearing held. Finance Director Bryant
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Ayles described the process in detail by which the various budgetary
transfers were identified, and the transactions that were required prior
to the tax recapitulation process being completed as a result of
adjustments to the "Cherry Sheet" numbers. Councilor Houseman
inquired about the remaining balance in the Reserve for Unforeseen
account after this transaction. Ayles: We discussed this previously, it is
probably - $20 -40K. Houseman: I'm hoping that $10K can be allocated
to infrastructure improvements in Eisenhower & Cove, per my
discussions with the Mayor. Ayles: In fact, that was discussed with the
Mayor prior to this Public Hearing and had a meeting about it today, and
there are a number of areas around the city where pedestrian safety
should be addressed, along with other areas of the city that other
Councilors had asked about. No members of the public signed up to
speak. Council President declared the Public Hearing closed, and
referred the matter back to Finance & Property.
4. 7:45 PM - #217 - Funding for Security & Communication Improvements
to school buildings and grounds. City Clerk reminded Council
President that this measure had been superceded and revised by
Council Order #2018 -217A on tonight's Agenda, and suggested that this
Public Hearing be recessed and combined with the other matter until the
Public Hearing set for that matter, namely on Monday, 3 December 2018
@ 7:45 PM. Council President entertained a Motion to recess the Public
Hearing on #217 and #217A until that time. Approved - Vote: 7 -0.
Reports of Committees
#027
The Committee on Finance & Property to whom was referred the matter of Communication — Councilor
Houseman - Financial Policies & Objectives, have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
Order read once and adopted — Vote: 7 -0
#027A
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor— Finance
Director's Attendance at Finance & Property Committee Meeting, have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 7 -0
#027B
217
The Committee on Finance & Property to whom was referred the matter of Communication — Councilor
Houseman — Memo for councilors for Monday's Meeting, have considered said matter and beg leave to report
as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 7 -0
#027C
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor— Financial
Policies & Guidelines, have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 7 -0
#027D
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor— Revised
Version of Previous Submission titled "City of Beverly Financial Policies & Guidelines ", have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying Resolution and recommend its adoption:
RESOLVED: That the City Council of the City of Beverly does hereby support the revised version of the
document titled City of Beverly Financial Policies and Guidelines.
Council President recognized Council Budget/Management Analyst Gerry Perry for his analysis of the
measure — Perry: significant proection for taxpayers of the city. Joint venture of the administration and the
Council, requiring everyone's buy -in. Discussion with Councilor Rand that this is a legacy document.
Subset of the Charter, protects the City. Solicitor reviewed it. Most important activity he has undertaken
as Budget /Management Analyst. All AAA -rated communities have these policies. Special thanks to
Council President, former and current Chairs of Finance & Property Councilors Latter and Houseman,
also to Finance Director Bryant Ayles and City Auditor Carol Augulewicz. Councilor Martin: Thanks to Mr.
Perry and to Councilor Houseman. Councilor Houseman: Thanks to Mr. Perry and to Mr. Ayles. Council
President: Thanks to Councilor Houseman, you really made this happen.
Order read once and adopted — Vote: 7 -0
#197
The Committee on Finance & Property to whom was referred the matter of Communication — Finance Director
— Approval to Pay 8 Prior Year Invoices Totaling $5,195.92, 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: 7 -0
#217A
218
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor— Revised
request for funding to enhance security and communication systems within our schools, 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, 3 December
2018 @ 7:45 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the
Mayor's Request for funding to enhance security and communications systems within our schools of
$3,750,000, comprised of a $2,000,000 free cash transfer, a $475,000 appropriation of uncaptured new
growth and a $1,275,000 loan authorization (which he requests the city pay down upon certification of
next year's free cash balance). This revised funding strategy maintains higher levels of the City's
unrestricted fund balance and free cash reserves while spreading the total cost over a period of two
years.
Order read once and adopted — Vote: 7 -0
#219
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor —
Acceptance of Grant — MA- Department of Transportation Community Transit Grant Program - $56,000 — Senior
Center Type D 16 Passenger Minibus, 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 of Beverly transfer the sum of $14,000 from the Senior Citizen Enterprise
Fund to pay costs associated with the purchase of a new passenger van.
Order read once and adopted — Vote: 7 -0
#237
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor —
Acceptance of Grant — Edward J. Byrne Memorial Justice Assistance Grant ( "JAG ") Program & the Baker - Polito
Administration of $19,575 -> Beverly Police Department to purchase ballistic shield, 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: 7 -0
#239
The Committee on Finance & Property to whom was referred the matter of Communication — Chief Assessor /
Chair, Board of Assessors — Allocation of FY2019 Tax Levy Percentages, 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, 3 December
2018 @ 7:30 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the
allocation of Fiscal Year 2019 tax levy percentages among the four classes of real and personal property
and consideration of the adoption of open space, residential and small business exemptions.
219
Order read once and adopted — Vote: 7 -0
#222
The Committee on Legal Affairs to whom was referred the matter of Communication — Mayor —
Appointment — Constable — Mr. Troy C. Santarlasci, 1170 County Street / Attleboro, 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: 7 -0
#223
The Committee on Legal Affairs to whom was referred the matter of Communication — Mayor —
Appointment — Constable — Mr. Victor Horton, 101 Marvin Avenue / Franklin, 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: 7 -0
#224
The Committee on Legal Affairs to whom was referred the matter of Communication — Mayor —
Appointment — Constable — Mr. Ahmed Fred Kenahy, 57 Madison Street / Revere, 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: 7 -0
#226A
The Committee on Legal Affairs to whom was referred the matter of Communication — BPD Traffic / Safety
Sergeant — Amended Ordinance — Ch. 270 -49C — Handicapped Sign — 52 Middlebury Lane, have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 7 -0
#227A
The Committee on Legal Affairs to whom was referred the matter of Communication — BPD Traffic / Safety
Sergeant — Amended Ordinance — Ch. 270 -49C — Handicapped Sign — Emerson Circle, have considered
said matter and beg leave to report as follows, to wit:
220
Receive and Place on File
Order read once and adopted — Vote: 7 -0
#229
The Committee on Public Services to whom was referred the matter of Communication — Chair, Planning
Board — Recommendation — Street Acceptance: OSRD Site Plan Application #07 -15 & Definitive
Subdivision — 50 & 54 Boyles Street (n /k/a Village Lane), have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 6 -0 -1 (Councilor Houseman recused himself
from the vote)
#229A
The Committee on Public Services to whom was referred the matter of Communication — O. Bradley
Latham, Latham Law Offices LLC — Petition for Acceptance of Village Lane as a Public Street in the City
of Beverly, MA, have considered said matter and beg leave to report as follows, to wit:
Attach Order to #2018 -2298
Order read once and adopted — Vote: 6 -0 -1 (Councilor Houseman recused himself
from the vote)
#2296
The Committee on Public Services to whom was referred the matter of Communication —Assistant
Planning Director &Assistant City Solicitor— Acceptance of Village Lane as a Public Way, have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying Order and recommend its adoption:
In the year two thousand and eighteen,
Be it ordered by the City Council of the City of Beverly as follows:
The Beverly City Council hereby accepts Village Lane as depicted on the attached layout plan as a public
way; and
Be it further ordered that the Beverly City Council hereby authorizes the acquisition of a permanent
easement conveyed by Cove Village, LLC also attached to this Order that will traverse the portion of property
identified as and bounded by Village Lane as depicted on the attached layout plan; and
Be it further ordered that the Mayor be authorized to execute, record and revise, if necessary, any
documents necessary to secure this easement for the City.
Order read once and adopted — Vote: 6 -0 -1 (Councilor Houseman recused himself
from the vote)
#240
221
The Committee on Public Services to whom was referred the matter of Petition — National Grid — Plan
#27289322 — Wadsworth Place 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, 3 December
2018 @ 7:25 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative a
Petition from National Grid — Plan #27289322 for National Grid to install beginning at a point
approximately 30 feet East of the centerline of the intersection of Wadsworth Place and continuing
approximately 200 feet in a Northwest direction. Customer has requested a service upgrade due to heat
pump installation. Because of the distance from existing transformer to the house and amount of load the
customer will be drawing primary UG cable needs to be installed from existing transformer @ 3
Wadsworth Place to the new transformer @ 5 Wadsworth Place.
Order read once and adopted — Vote: 7 -0
Motions and Orders: None
Meeting Adjourned: 8:52 PM Attest: D. Wesley Slate, Jr.
City Clerk
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