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20211115 City Council Public Services Committee and Legal Affairs Committee Joint Minutes City of Beverly rl. f'r Legal Affairs and Public Services Committee of the Whole City Council Meeting Public Meeting Minutes Monday,November 15,2021, 7:OOpm 101 Z FZ U -2 A 42 Scott Houseman, Chair of the Legal Affairs Committee, called to order the Legal Affairs Committee at 7:07pm. Julie Flowers, Chair of the Public Services Committee, called to order the Public Services Committee. Committee of the Whole was also called to order. Members Present: Stacy Ames,Kathleen Feldman,Julie Flowers, Scott Houseman, Todd Rotondo,Estelle Rand,Matthew St. Hilaire Members Absent: Timothy Flaherty, Paul Guanci Flowers noted the sign up for the public speaking portion of the meeting and thanked those that were in attendance. Houseman read a statement regarding the project and stated the two primary questions were why are city streets being used as the route to replace a cable that currently runs on the MBTA route and what are the potential health risks,if any, that might result. Houseman also noted the concerns of traffic, construction and opening the streets. Houseman stated there is a lack of trust with the process. Flowers stated the hope for this evening is to allow fellow councilors to hear from the administration and members of the community. There is no vote taking place tonight,but this will at some point come before the City Council. While the statutory requirements may have been technically met,there was not work done to ensure real and robust communication and process. No one who has raised these concerns is opposed to the idea that we need safe and reliable energy for the future. The question is about the location and why it cannot remain in a current and existing right-of-way along the MBTA tracks and about the lack of public engagement. Flowers stated that much has been made by National Grid about the urgency of this project, but National Grid's failing infrastructure should not pit Beverly against the rest of the region. It seeks to frighten Beverly's residents and leaders into not asking questions. Michael Cahill, Mayor, stated the line that is being replaced was installed in about 1971 and goes up to Gloucester. On the right of the [MBTA] tracks is the overhead line,to the left side is the underground line. There is a range of infrastructure already in the ground in that area.National Grid stated the rail line was not feasible and brought a lot of information from the MBTA including a constructability review. The City is planning to have our own consultant assess the feasibility of going up the rail line. The process has not really accomplished what the law says it needs to,which is that the community needs to understand. The abutters need to have that full public process,understanding and ability to be heard,which has not really happened. Cahill stated we want to revisit and seriously have a good faith conversation with National Grid, the MBTA, and the state about the rail bed and why it is not a buildable route. Maybe there will be enough there that we ultimately need to just agree with them,but we will get somebody on board to do this work. That route is shorter mileage-wise and is better for us as a community in terms of the construction upheaval and the maintenance over time. We are going to look at it through a different lens than perhaps the person they brought on board looked at it. 4 '7— c of the construction upheaval and the maintenance over time. We are going to look at it through a different lens than perhaps the person they brought on board looked at it. Jerry Parisella, State Representative, stated he will be meeting with National Grid and Senator Joan Lovely, as well as the chairman that has jurisdiction over utilities. We will do whatever we can to work with the MBTA to see if it is feasible to have that right away be used as it is presently. Karen Fogarty, 169 Lothrop Street, stated the open house was in November 2018 and the public hearing in December 2019. In addition to the inadequacy of community engagement, in much of the mailings to residents, this project was characterized as a replacement. It is not a replacement; it is a relocation. Many people felt they were being deceived into thinking that there was already a line in the roadway along the proposed path.National Grid presented a want as a need. National Grid has placed the burden of their infrastructure upgrade on the City of Beverly. For the high-voltage cable, the MBTA distance rules were greater than 20 feet, but this cable in the street will be less than 15 feet from the inside of many homes. Tim Averill, 165 Lothrop Street, stated he has been on boards and worked on local campaigns and has always felt those were fair processes, win or lose, but this is the first time he has appeared in front of City Council to talk about a lack of fair procedure. The process was unfair, fatally flawed, and we do not have to accept the results. The language of replacement on the notice meant nothing was triggered at that time. Then with the Covid pandemic, we could not go out and meet people in large groups. Councilor Houseman was not even informed of a meeting in Ward 4. In short, we have a flawed process, but we have a chance to do it right. Our councilors can decide now to pause the project. We all agree that we need safe, reliable and healthy electric transmission. This is not a NIMBY [not in my back yard] issue for a few people on Lothrop Street; this will affect every rate payer all the way up the line. Eric Boeker, 171 Lothrop Street, stated that he recently moved in after the notice period. Boeker stated he is not a transmission line engineer or a power engineer but is an electrical engineer by training and is encouraged to hear that the reports are being reviewed. He suggested having someone look at what is known as a conservative assessment. The current reports show averages, and a conservative report would show the numbers when there is the max load, construction, or situations where there are several utilities under the same road only five to ten feet from a residence. That would give a conservative/higher estimate of what community members and specific households might experience to get a better picture on what that might be; an average or ideal load might not provide that sort of information. Boeker recommended keeping in mind that other things besides direct health effects, like effects on health devices or other types of communication equipment, are something that should be considered when evaluating the levels. Jim Younger, 32 Butman Street, stated he is an enthusiastic supporter of Beverly, but we need to pause the project, deny the location permits and ensure that the line remains running down the railroad tracks. This project was never intended to be a replacement project; it was always a relocation project. Younger requested an independent review. David Carnevale, 208 Dodge Street, stated he is here because he is on the board of directors for the Temple B'nai Abraham. This cable will go right in front of the temple; there are many children going to the temple, and it just does not seem safe enough to have the line go by Beverly Legal Affairs and Public Services/Connnittee of the Whole City Council Meeting Minutes—November 15,2021 page 2 of 5 Eugenie Roy, 239 Lothrop Street, supported what others have said in the room tonight. Roy brought a copy of one of the letters that was delivered about a month ago where it does not say relocation and the word replace is there. Helen Lewis, 99 Bisson Street, also mentioned the wording of the notice and asked what happens to the existing line if the in-use line is relocated. Hannah Bowen, 13 Thorndike Street, asked if there is still any appeal process or ways to approach pausing the project beyond just the permits to get in the ground. Bowen also asked about the opportunity to speak directly to National Grid and when that might be. Flowers stated that by way of process this is not the time for councilors to go back and forth,but councilors have been taking notes. There are some National Grid representatives in the room who would continue to be invited to meetings. Alyssa Raymond-Read, 163 Lothrop Street, stated she is a labor, civil rights and environmental attorney. At first when she heard about the project, she was just concerned about bike lanes in the aftermath of digging this up because the notice said"replacement line" on it. It became evident very quickly that no one really knew what was going on. Right now, we are at a very unfortunate juncture where a siting decision has already been handed to National Grid,but there are a few different levers still at our disposal. There is also the potential to engage in meaningful dialogue to create a new way. We have to see fossil fuel companies transition off of fossil fuels. National Grid can either fight or engage meaningfully. Hopefully today was a great example of the good faith of residents in municipalities like Beverly. Flowers thanked those who spoke and came to the meeting. Flowers noted the importance of civic engagement and how those present really represented that tonight. Houseman opened the floor to councilors for questions or comments. Feldman asked what the MBTA's role was in the study prior to the 2018 vote. Feldman also asked if there are any plans to remediate the underground cable in the current location under the MBTA tracks because there was reference to it needing to be repaired and contamination. Cahill stated National Grid met with the MBTA before August 2018, so it would stand to reason that the consultant did speak with folks at the MBTA. As for the existing line, the hope is that it would be functional again by late November, early December. National Grid has been in the process of trying to make repairs but does not have great confidence that it will remain functional without further problems. The goal would be to keep it functional as an overhead line until the new line is fully built and commissioned, then that existing line would be decommissioned to remove it. St. Hilaire asked if a permit application had been submitted yet. Houseman stated there are two relevant permits. The one submitted to the state [Energy Facilities Siting Board] was approved. The next step would be a permit before the City Council asking for certain permitting to open the road, and the City Council will have an opportunity to have a public hearing. That application has not been submitted yet from National Grid. Beverly Legal Affairs and Public Services/Committee of the Whole City Council Meeting Minutes—November 15,2021 page 4 of 5 Lothrop Street. National Grid should take care of the contamination and reinstall it by the railroad tracks. Jad Stella, I I I Cross Lane, stated he lives along the proposed cable route and his home is close to the street with no sidewalk there. Stella stated his family was concerned in December 2019 when they realized the intended path. In the notice, there was the option of being a limited participant, so they sent in to be a participant and never heard back. All the literature put out there on safeness has been from a study sponsored by National Grid, so it would be good to have an independent, robust study for peace of mind. Matt DeCicco, 178 Lothrop Street, asked for the project to be paused. They have gone through the process to check the boxes, but the vast majority of citizens were unaware due to deceptive ways of pushing the project forward. National Grid has done this in communities such as Winchester, Woburn, Stoneham, and Wakefield; all of whom tried to stop them due to this deceptive practice, but unfortunately all four failed in their efforts to stop National Grid and bring them to the table for a better and more transparent process. National Grid thought that the citizens and officials of Beverly would be the path of least resistance; it is time to let them know that we will not be the easier path. We as a city will have input and say over a major infrastructure project within our city limits that will affect our citizens, our municipal utilities, our environment, our public safety and public health. Rabbi Alison Adler, 12 Giddings Avenue, stated she is the rabbi at Temple B'nai Abraham and was unaware of the reality of this project until recently. Adler expressed her concern about the violation of trust and due process and has questions about the impact on health and well-being of the neighborhood. Adler stated that last week the temple board of directors voted unanimously for her and others to represent the congregation to stand with neighbors and ask to halt this project. The temple leadership does not weigh in very often on things like this, but this is one we could not sit out. We are dedicated to deliberation and thoughtful, fair processes and communication. It is important to evaluate the project fully and do what is in the best interest of the whole community. Temple B'nai Abraham stands with neighbors and friends and wants more of an opportunity to understand what the project is about and the risks involved, and the best way to have safe, reliable energy for all. Adler stated she also speaks for the Beverly multi-faith coalition. This is a moral imperative; caring for each other and the earth are values that cross religious boundaries. This situation has brought people together, united in purpose, because no matter our opinions about other matters, when it comes down to it, we all want what is best for our neighborhood and for our children. John Quinn, 21 Pine Road, stated he is here to support the pause. The initial notification process was intended to be run through in the dark of the night. Neil Levine, 36 Thorndike Street, stated this is accountability in action and thanked the councilors and mayor for their work on this and the neighbors who raised concerns. Levine asked where the final word on the project truly rests. Bob Sette, 173 Lothrop Street, stated he was impressed with the opening comments which hit the nail on the head with a lot of the concerns. Sette stressed the safety issue and the need for this type of movement for the future. i i 4 i Beverly Legal Affairs ant/Public Services/Committee of the Whole City Cotntcil Afeeting Minutes—November 15,2021 page 3 of S i f Houseman stated National Grid has an EMF report as to why to not be concerned about public health and an engineering report which argues it is not feasible to use the railroad route. Perhaps Beverly was the path of least resistance. Rotondo stated he would be happy to see an independent study. Flowers stated two concerns raised on the virtual siting board hearing were the difficulty of working with the MBTA and the cost. Ames stated she has been representing people affected by chemicals that were dumped by Varian. This is not an engineering problem; this is a political problem, and this is a community problem. Rand stated the City Council does have the power to deny a permit when National Grid comes and asks to open the street up for the project. It is not clear beyond that how far that kind of power would take the process or project; the state can just let the project go forward. Rand noted that is a reality that is happening in other communities. Part of using the right of way along the train tracks includes easements from private property, so either way this is a huge project that will affect a lot of people wherever it lands. There is an opportunity here to engage in a process that is meaningful and could be an example of a good way to proceed with projects like this. Flowers thanked Representative Parisella and Senator Lovely's office and stated that their commitment to be partners on this means a lot. That is an important piece of moving forward. Houseman and Flowers stated the items would be held in subcommittees and discussion would be continued. The motion to adjourn Legal Affairs Committee was made and seconded. A vote was taken, and the motion carried (3-0). The motion to adjourn Public Services Committee was made and seconded. A vote was taken, and the motion carried (3-0). The motion to adjourn Committee of the Whole was made and seconded. A vote was taken, and the motion carried (7-0). The meeting adjourned at 9:07pm. I I I i i i Beverly Legal Affairs and Public Services/Committee of the Whole City Council Meeting Minutes—November 15,2021 page S of S i i i i