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20220321 Regular City Council Meeting Minutes City of Beverly ,;_.., Regular City Council Meeting `- Public Meeting Minutes 1011 MA'S A 10; Monday, March 21,2022, 7:OOpm City Council Chambers, 191 Cabot St. A q- b Julie Flowers, City Council President, called the meeting to order at 7:OOpm, City Clerk,Lisa Kent,took the attendance by roll call. Members Present: Hannah Bowen, Steven Crowley,Kathleen Feldman, Scott Houseman, Estelle Rand, Todd Rotondo, Matthew St. Hilaire, Brendan Sweeney, Julie Flowers Members Absent: None Feldman led the pledge of allegiance. Comments by Citizens Carole Rein, 27 Pratt Avenue,read a land acknowledgement statement. Lorinda Visnick, 39 Middlebury Lane, spoke about Abu Toppin giving his notice. Visnick wondered if he gave notice because he did not feel that Beverly as a community did not live into the values of diversity, equity and belonging. Visnick emphasized the importance of speech matching actions. Acceptance of Minutes Regular City Council Meeting-March 7, 2022 Committee of the Whole Meeting-March 14, 2022 A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Communications from His Honor the Mayor Order#081-Appointment-Conservation Commission-Ms. Amber Redmond, 55 Parramatta Road Referred to Committee on Legal Affairs. Order#082-Reappointment-Beverly Harbor Management Authority-Danielle Spang, Esq., 16 Mulberry Street Referred to Committee on Public Services. Order#083-Reappointment-Beverly Historic District Commission-Ms. Suzanne LaMont, 20 Porter Street Referred to Committee on Legal Affairs. Order 4084-Appointment-Beverly Council on Aging-Mr. Richard Tabbut, 57 Sonning Road Referred to Committee on Public Services. Order#085-Appointment-Human Rights Committee,Ms. Hoang Sa Ngyuen, 32 Iverson Road Referred to Committee on Public Services. Order#086-Appointment-Permanent Building Commission-Mr. Bruce MacDonald,D. Scott Dullea,Esq. and Robin Luna-Whitman Referred to Committee on Public Services. Order#087-Recommendation for the Acceptance of Easement from Cummings Properties at 50 Dunham Road Referred to Committee on Legal Affairs. Public Hearings Order#069-7:15 PM-Transfer of$10,500 from the Reserve for Union Negotiations into the Fire Department Budget to fund costs associated with recently agreed upon MOA between City of Beverly and Fire Dispatch Union Flowers opened the public hearing. No members of the public wished to speak on the item. The public hearing was closed, and the item was referred back to Committee on Finance and Property. Communications from His Honor the Mayor(Continued) Order 9093-LATE FILE-Appointment-Waste Reduction Committee-Ms. Amy Henderson, 137 Valley Street Rotondo asked to hold the item. Flowers stated it would be held until the next City Council meeting. Public Hearings (Continued) Order#070-7:25 PM-Transfer$113,500 into various municipal department budgets to fund costs associated with recently settled contract between City of Beverly and BMEA Flowers opened the public hearing. No members of the public wished to speak on the item. The public hearing was closed, and the item was referred back to Committee on Finance and Property. Communications from His Honor the Mayor(Continued) Order#088-Order approving Lease of Kearsarge, Beverly LLC for 90 Colon Street, 191 and 502 Cabot Street, 10 and 11 Pond Street and 100 Sohier Road for Solar Photovoltaic Array installation Order#088-A-Approval of Solar Power and Services Agreement with Kearsarge, Beverly LLC Order 9088-B-Approval of Payment in Lieu of taxes Agreement with Kearsarge, Beverly LLC for personal Property Mayor Michael Cahill spoke on the partnership with Kearsarge. Cahill stated that a RFP went out several years ago with the goal of trying to host as much solar as possible as a community. This is a multi-site project. Dan Voss from Kearsarge Energy gave an overview of the six sites around the City and the timeline for the projects. St. Hilaire and Bowen asked about timing on this and the City Hall rehab project as well as the Council on Aging. Beverly City Council Meeting Minutes—March 21,2022 page 2 of 7 Cahill stated the roof and HVAC at City Hall have already been redone, so it is not anticipated that the internal work will have an impact or necessitate any pulling off of the panels. At the Council on Aging it is also anticipated that there will be no need to move the panels to make HVAC upgrades. There was discussion on the payment schedule,the upfront costs, alternative parking during the Pond Street construction, payment in lieu of taxes, and the value of the credits based on the SMART program. Orders #088,#88-A, and#88-B were all referred to Committee on Legal Affairs. Public Hearings (Continued) Order#065-8:00 PM-National Grid/New England Power Company Petition for Transmission Line Franchise Flowers opened the public hearing and gave an overview of the process. Mark Rielly from National Grid gave some introductions and stated the Energy Facilities Siting Board approved this in October 2021. Houseman stated that the Council received a lot of documents later this afternoon that they will need time to review. Bowen connected the land acknowledgement statement at the beginning of the meeting to the importance of having a land and archeology report. Rielly stated National Grid will try to get that to the Council; there are confidentiality concerns about locations, so it may be a discussion with the city solicitor. National Grid recognizes this is an important issue and has been aware of it from the start. Reilly stated that he is happy to provide information, but a lot of the information does not pertain to the job the Council has today to grant a location in the street. Rand stated that something that keeps coming up in conversations with constituents and others is the question or suggestion to ask for things due to the inconvenience of this gigantic project. Attorney Ray Miyares, outside counsel for the City of Beverly, stated that the standard of review is what will "incommode"the public. Anything the Council believes is relevant to that question is something that can be asked for. If there are reasons that the company does not wish to provide that information, we should hear those reasons and decide what the significance may be. Rielly clarified that statute says "incommode" not the public,but the public's use of the public way. Flowers opened it to comments from the public. Jim Younger, 32 Butman Street,wanted to make sure that what was sent this afternoon is posted so the public can see it in a timely manner. Younger expressed his dissatisfaction with National Grid and the way the project has been handled. Karen Fogarty, 169 Lothrop Street, added that National Grid has been engaged in the process for years, so the claim of urgency feels a little hollow. Don Moca, 236 Lothrop Street, expressed his concern for a drain in the middle of Lothrop Street that was put there in the early 2000s to reduce flooding in the area. Moca stated he wanted to make sure that National Grid is aware of the pipe and that there are provisions to not damage it. Beverly City Council ALleeting Minutes—Allarch 21,2022 page 3 of 7 An underground transmission engineer from National Grid stated that National Grid plans to take every precaution to support the utility there and protect it during construction. If there is damage caused by the project,National Grid would repair it. Martin Greenstein, 65 Cross Lane, asked if this is the only option for the entire City of Beverly and if the cable has to go through the heart of the city with all these houses and neighborhoods. Greenstein asked if there are other options that may be more expensive but would be better off for the people. Rielly stated that Nation Grid undertook an extensive route selection analysis and looked at over 60 routes before submitting an application to the review board. There were some physical constraints. David Mahood, 191 Lothrop Street, stated he is an environment writer and activist. Mahood stated that in 13 years of being on Lothrop, he has only lost power twice; that is already pretty reliable. Mahood stated that fossil fuel energy is 60% of the line and asked how that is a good investment for the future. Andrea Freedman, 32 Butman Street, stated that there is a better place, which is the right of way where the current line that failed is. This current plan is the best option for National Grid, not for Beverly. Danielle Aretz from National Grid gave a high level overview, stating that the transmission system is the backbone of the electricity system. It brings electricity to the region which then gets distributed to homes and businesses. When we are talking about reliability, we want to make sure it is bringing the power to the region. Aretz noted the difference between transmission and distribution. William Benjamin, 175 Lothrop Street, stated he is new to the area and would like to hear more about potential health effects. William Bailey, a consultant for National Grid, stated he has been working in the field of bioelectric magnetics for almost 40 years. In this situation, we are just talking about the magnetic field because the electric field is blocked by being buried underground. Wherever we are, we will encounter these fields. Because the cables are underground the cables can be placed close together and the magnetic fields tend to cancel each other out. William Kyrouz, 246 Lothrop Street, expressed concern about EMF radiation and the difference between being exposed in passing and EMF in homes every day. He requested looking around the existing line. There was some discussion on the potential effects and various studies of EMFs. Aretz stated that National Grid had offered in November for residents to go to the website where there is a section that says "contact us" where residents can click a box if they are interested in receiving a pre-construction and post-construction EMF reading at their houses. The website is www.beverlyregionaltransmissionreliabilityproject.com. Bowen asked, for people who are considering requesting that reading, what people can expect if levels are raised afterwards. Aretz stated that she is not an expert as far as any kind of EMF questions post-construction and cannot speak to that. Aretz stated that National Grid is trying to be as transparent as possible. Alyssa Raymond-Reed, 163 Lothrop Street, stated that this is not really a fair conversation Beverly City Council Meeting Dlfinutes—March 21,2022 page 4 of 7 i because we don't have a paid expert on retainer. EMFs are just one small slice of the pie that residents are worried about because there are higher standards with WHO and other countries. We all do need to have ways to find reliable electricity. There have been some really broad strokes answers tonight though. Sweeney asked Mr. O'Leary from National Grid if he could elaborate on why the MBTA right of way was not a feasible route. Tim O'Leary stated there are a number of factors, including that there is already other infrastructure in place so there is not enough space, as well as the constructability of the land. With the track control systems and other cables, it is a very narrow corridor. There is a cable in there now, but the new one won't fit there, and in order to take that out,the whole region would be on one supply for six-plus years. We cannot serve our customers like that, even if putting it in was feasible. The new infrastructure would not fit where the last cable was put in during the 1970s. Cahill stated that the City hired a consultant to do a peer-review of the EMF study who will be at the next meeting. The City had another consultant look at the constructability of the MBTA path who will be at the next meeting too. Raymond-Read mentioned there is a recording of the meeting with consultants. There was some discussion about where on the Beverly website documents and recordings would be viewable. Younger noted the Reliable Energy 101 website. State Senator Joan Lovely stated it will be a disruptive process because Salem just went through it. Lovely asked, for the next meeting, about the cable going under the bridge and what the potential EMF exposure for pedestrians or cyclists would be. State Representative Jerry Parisella stated his office is willing to work with the MBTA to try to make that possible and to work with the community to see what can be done to help. Flower reiterated the question about what would be done if there were higher EMFs after the work and stated she hopes for an answer to that next time. Flowers thanked everyone for attending. The public hearing was recessed to April 4 at 8pm. The motion to take a brief recess was made and seconded. A vote was taken, and the motion carried (9-0). The meeting recessed at 9:26pm. Flowers called the meeting back to order at 9:36pm. Communications from other City Officers and Boards Order 9089-City Clerk-Request to change the September 6, 2022 Regular City Council Meeting to Monday, September 12, 2022 due to the September 6, 2022 State Primary Election A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (9-0). Order#090-City Clerk-Fortune Teller License Renewal-Summer Evans, 507 Rantoul Street Referred to Committee on Legal Affairs. Order#091-Parking and Traffic- Re:Recommendation: Change Loading Zone Time Parameters Beverly City Council hlfeeting Minutes—March 21,2022 page 5 of 7 At 110-114 Rantoul Street Referred to Committee on Legal Affairs. Communications,Application and Petitions Order 4092-Department of Environmental Protection-Issuance of Chapter 91 Waterways License/Permit No. 15441 A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (9-0). Motions and Orders Order#055-Sergeant Henebury-Amendment to Include Handicapped Parking Space at Lyons Park, located across from 126 Lothrop on the East side A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). The motion to recess for committee work was made and seconded. A vote was taken, and the motion carried (9-0). The meeting recessed at 9:40pm. Flowers called the meeting back to order at 10:12pm. Reports from Committees Finance & Property Order#069-Transfer-$10,500 from the Reserve for Union Negotiations into the Fire Department Budget to fund costs associated with recently agreed upon MOA between the City of Beverly and Fire Dispatch Union A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#070-Transfer- $113,500 into various municipal department budgets to fund costs associated with recently settled contract between City of Beverly and BMEA A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Legal Affairs Order 4087-Recommendation for the Acceptance of Easement from Cummings Properties at 50 Dunham Road A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#090-City Clerk-Fortune Teller License Renewal-Summer Evans, 507 Rantoul Street A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Flowers stated there will be a joint School Committee meeting on Wednesday, March 23. There was some discussion about committee meetings on March 28 and other potential upcoming dates. Beverly City Council Meeting Minutes—Nfarch 21,2022 page 6 of 7 Flowers stated the next regular meeting will be April 4. There will be public hearings on the CPC funding,the charter, and the continued National Grid hearing. A motion to adjourn was made and seconded. A vote was taken, and the motion carried (9-0). The meeting adjourned at 10:28pm. Beverly City Council Meeting Minutes—March 21,2022 page 7 of 7 Scott D. Houseman-Chair Julie R.Flowers Matthew J. St.Hilaire FINANCE AND PROPERTY/CITY COUNCIL COMMIT= M NE WAOUK MINUTES Monday,March 21, 2022, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 3rd Floor,Beverly City Hall, 191 Cabot St. Houseman called to order the Finance and Property meeting at 9:41pm. Members present: Julie Flowers,Matthew St. Hilaire, Scott Houseman Order Date to Description Action Taken Number Committee #024 1/18/2022 Councilor Houseman-Letter regarding the Financial Hold Forecast Committee #058 2/22/2022 Councilor Bowen and Councilor Houseman-Rodent Hold infestation in downtown and other neighborhoods #060 2/22/2022 Councilor Houseman-A letter to meet with Finance& Meeting set for 3/28 Property for discussion on the budget #062 2/22/2022 Councilor Houseman-National Grid Cable Transmission Hold Project #064 2/22/2022 Councilor Houseman-Rodent Control Hold Transfer-$10,500 from the Reserve for Union #069 3/7/2022 Negotiations into the Fire Department Budget to fund Approve 3-0 costs associated with recently agreed upon MOA between the City of Beverly and Fire Dispatch Union Transfer- $113,500 into various municipal department #070 3/7/2022 budgets to fund costs associated with recently settled Approve 3-0 contract between City of Beverly and BMEA #076 3/7/2022 Community Preservation Committee-9th Round CPA Public hearing Proj ect Funding Recommendations 4/4/22 at 7:30 m The motion to adjourn the Finance and Property meeting was made and seconded. A vote was taken, and the motion carried(3-0). The meeting adjourned at 10:07pm. fT y �1 ri L)F Iri+r 1rVl.c..t — Estelle M. Rand-Chair Todd C.Rotondo ZOR NAR 31 A (0: I Brendan S. Sweeney LEGAL AFFAIRS/CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES Monday,March 21, 2022,7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 31 Floor,Beverly City Hall, 191 Cabot St. Rand called to order the Legal Affairs meeting at 9:43pm. Members resent: Todd Rotondo, Brendan Sweeney,Estelle Rand Order Date to Description Action Taken Number Committee Councilor Rotondo-Amendment to Chapter 270- #056 2/22/2022 Section 37A"Bicycle lanes shall be created in the Hold following locations" #075 3/7/2022 Tim Flaherty, Charter Review Committee Final Public hearing Re ort 4/4/2022 at 7:45 m City Solicitor-Process for local approval of home #079 3/7/2022 rule petition to amend the City's 1995 Home Rule Hold Charter #081 3/21/2022 Appointment-Conservation Commission-Ms. Hold Amber Redmond, 55 Parramatta Road Reappointment-Beverly Historic District #083 3/21/2022 Commission-Ms. Suzanne LaMont, 20 Porter Hold Street Recommendation for the Acceptance of Easement Approve 3-0 #087 3/21/2022 from Cummings Properties at 50 Dunham Road pp Order approving Lease of Kearsarge,Beverly LLC #088 3/21/2022 for 90 Colon Street, 191 and 502 Cabot Street, 10 Hold and 11 Pond Street and 100 Sohier Road for Solar Photovoltaic Array installation #088A 3/21/2022 Approval of Solar Power and Services Agreement Hold with Kearsar e, Beverly LLC #088B 3/21/2022 Approval of Payment in Lieu of taxes Agreement Hold with Kearsar e, Beverly LLC for personal Property #090 3/21/2022 City Clerk-Fortune Teller License Renewal- Approve 3-0 Summer Evans, 507 Rantoul Street Parking and Traffic-Re: Recommendation: #091 3/21/2022 Change Loading Zone Time Parameters at 110-114 Hold Rantoul Street Committee of the Whole was called to order at 10:04pm. The motion to adjourn Committee of the Whole was made and seconded. A vote was taken, and the motion carried unanimously. The motion to adjourn the Legal Affairs meeting was made and seconded. A vote was taken, and the motion carried(3- 0). The meeting adjourned at 10:09pm.