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20221220 City Council Meeting Minutes City of Beverly Regular City Council Meeting Public Meeting Minutes Monday,December 20, 2022, 7:OOpm 1b`1 DEC 20 A 41 City Council Chambers, 191 Cabot St. Julie Flowers, City Council President, called the meeting to order at 7:OOpm. City Clerk, Lisa Kent,took attendance by roll call. Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman, Scott Houseman, Todd Rotondo,Matthew St. Hilaire (present until 7:15pm), Brendan Sweeney, Julie Flowers Members Absent: Estelle Rand Rotondo led the pledge of allegiance. Moment of Silence A moment of silence was held for Jerome J. Guilebbe, Jr., a veteran who served as the Beverly Veteran's Agent for many years and revived the Beverly Veterans Council. Resolutions Order#311-Councilor Rotondo-Resolution-Beverly Youth Cheerleading U-10 Team A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#312-Councilor Rotondo-Resolution-Beverly Panther Crusaders Football Team A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). The motion for a brief recess was made and seconded. A vote was taken, and the motion carried (8-0). The meeting adjourned at 7:15pm. The meeting was called back to order at 7:25pm. Councilor St. Hilaire left during the recess. Comments by Citizens Richard Tabbut, 57 Sonning Road, spoke about the three-story building limit and accessory dwelling units. Tabbut expressed concerns about congestion in the city and the noise of the airport. Parking has been hard to find, it is hard to get home due to traffic, and it can be dangerous to walk in the city because of drivers and congestion. Tabbut spoke in support of Councilor St. Hilaire's proposal for three stories citywide and for Councilor Bowen's proposal for accessory dwelling units. Acceptance of Minutes of Previous Meeting Legal Affairs Committee Meeting-December 12, 2022 Special City Council Meeting-June 29, 2022 Special City Council Meeting-June 30, 2022 A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). Communications from His Honor the Mayor Order#313-Grant-$27,830 Community Compact Cabinet IT grant through Executive Office of Administration and Finance Referred to Committee on Finance and Property. Order#314-Donation estimated at $5,00047,000 of an aluminum modular entryway wheelchair ramp for use at the Veterans Office from Ms. Carol Reid, 11 Ingersoll Street, Danvers Referred to Committee on Finance and Property. Order 9315-Three (3) Earmarks from the Economic Development Legislation signed by Governor Baker 1) $300,000 for flood mitigation around Jordan Street, 2) $200,000 for the installation of solar panels at Beverly High School and 3) $100,000 for traffic mitigation measures around the Hall-Whitaker Bridge Referred to Committee on Finance and Property. Order#316-Appointment for Mr. Jason Reulet, 106 Standley Street, to serve on the Beverly Airport Commission Referred to Committee on Public Services. Order 9317- Appointment for Ms. Rachel E. Morse, 14 Pond View Lane,to serve on the Beverly Board of Health Referred to Committee on Public Services. Order 9318-Appointments for Chelsea Turner, 7 Jackson Street; Amanda Lennon, 7 Columbus Avenue; and Michael Gove, 9 Bartlett Street,to serve on the Beverly Cultural Committee Referred to Committee on Public Services. Order 4319-A request for a ten-year Transportation Equipment Services Agreement and Lease with HET Beverly, LLC for three new class"C"Electric School Buses Referred to Committee on Legal Affairs. Communications from other City Officers and Boards Order#320-City Clerk-A request to change Order#285-2022 regarding a resolution honoring the Naumkeag and Pawtucket bands of the Massachusett Tribal Nation to Order#310-2022 due to a duplicate number A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#321-City Clerk-Renewal of Class 1, II and or III Motor Vehicle Dealer Licenses Referred to Committee on Legal Affairs. Order#322-City Clerk-Renewal applications for three Lodging House Licenses Referred to Committee on Legal Affairs. Order#323-City Clerk-Renewal applications for 2023 Automatic Amusement Devices Licenses Referred to Committee on Legal Affairs. Order#324-City Clerk-Application for a new Livery License for an additional vehicle for Beverly City Council Meeting Minutes—December 20,2022 page 2 of 7 Logistics Transportation Services Inc., 8 Munroe Street#1 Referred to Committee on Legal Affairs. Order#325- City Clerk-Renewal of five (5) 2023 Livery and Taxi Licenses Referred to Committee on Legal Affairs. Order#276A- Solicitor Williams-Regarding Order#276 Mayor's Edits Incorporated into Draft Charter Approved by the City Council Order#75A Referred to Committee on Legal Affairs. Order#326-Councilor Bowen-Regarding Beverly Regional Airport Referred to Committee on Public Services. Order#327-Councilor Bowen-Regarding City Parks Referred to Committee on Public Services. Order#328-Councilor Bowen-Regarding Storm Water Management Referred to Committee on Public Services. Order#329-Planning Board, Ellen Hutchinson, Chair-regarding Council Order#279-2022- Recommendation from the Beverly Planning Board regarding the proposed zoning ordinance amendments to various articles related to building height and inclusionary zoning Referred to Committee on Legal Affairs. Order#279A-Councilor Houseman-Regarding Order#279, Proposed Amendments to the Zoning Ordinance Referred to Committee on Legal Affairs. Communications, Application and Petitions Order#330-Department of Environmental Protection-Draft waterways License/Permit-Ch.91 Waterways license/permit Application No. W22-6118 A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(7-0). Order#331-Notice of Availability Public Comment Draft Phase III Remedial Action Plan- Former Varian Facility Site, 150 Sohier Road Referred to Committee on Public Services. Unfinished Business from a Previous Meeting Order#237-Councilor St. Hilaire-A Proposed zoning ordinance amendment to limit new building projects in the City of Beverly to three stories (Continued from October 24th Special Meeting) The motion for a brief recess was made and seconded. A vote was taken, and the motion carried (7-0). The meeting adjourned at 7:43pm. The meeting was called back to order at 7:45pm. Beverly City Council Meeting Minutes—December 20,2022 page 3 of 7 Public Hearings Order 9309-7:45 PM-National Grid-A petition for Plan#30693308-Longmeadow Road to install conduits The public hearing was opened. A representative from National Grid was available for any questions. No members of the public wished to speak on the item. The public hearing was closed. Referred to Committee on Public Services. A motion to break for committee work was made and seconded. A vote was taken, and the motion carried (9-0). The meeting was recessed at 7:48pm. The meeting was called back to order at 8:OOpm. Order#287-8:00 PM-National Grid-Diana Cuddy-Petition to install approximately 8,050 feet of 12 inch, 60 psig plastic gas main on Hale St, extending from the existing stub near Cabot to the Regulator Station at Boyles Street Houseman expressed his interest in holding this item and asked for big picture data to help understand the impact of all the National Grid gas line installations that are taking place in the City as they impact the street and road maintenance that the City does.National Grid gas has said the project would not start until after the electric project is done. The construction for this gas project will not start for probably two years, which allows time for them to get information for the engineering department and the Council. Williams stated that although this is not time sensitive and National Grid seems cooperative and willing to gather more information, unlike the installation of the high voltage electric line, the Council's authority to deny or condition or collect information is very different and quite limited. Cahill thanked Houseman for flagging this. The fact that at some point along the way, the work on this proposed gas line may be going on at the same time as some of the work on the 115kv line means it is important to talk with National Grid to make sure their gas and electric people are talking to each other and to make sure these two projects don't get in each other's way and cause a lot of hassles in neighborhoods. Flowers noted that a National Grid representative was not able to attend the meeting tonight. A motion to hold Order#287 to January 3 at 8pm was made and seconded. A vote was taken, and the motion carried (7-0). A motion to break for continued committee work was made and seconded. A vote was taken, and the motion carried (7-0). The meeting was recessed at 8:1 Opm. The meeting was called back to order at 8:20pm. Beverly City Council Abfeeting Minutes—December 20,2022 page 4 of 7 Reports of Committees Finance and Property Order#315-Three (3) Earmarks from the Economic Development Legislation signed by Governor Baker 1) $300,000 for flood mitigation around Jordan Street, 2) $200,000 for the installation of solar panels at Beverly High School and 3) $100,000 for traffic mitigation measures around the Hall-Whitaker Bridge A motion to accept the earmark for$300,000 for Jordan Street was made and seconded. A vote was taken, and the motion carried (7-0). A motion to accept the earmark for$100,000 for the Hall-Whitaker Bridge was made and seconded. A vote was taken, and the motion carried (7-0). Order#313-Grant-$27,830 Community Compact Cabinet IT grant through Executive Office of Administration and Finance A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order 9314-Donation estimated at$5,00047,000 of an aluminum modular entryway wheelchair ramp for use at the Veterans Office from Ms. Carol Reid, 11 Ingersoll Street, Danvers A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Public Services Order#300-Reappointment-Mr. Jeffrey M. Schlichte to serve on the Beverly Airport Commission A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#301-Reappointments-Jan J. Jeffgood, Henry R. Pizzo III and Justin Repp to serve on the Beverly Parks and Recreation Commission A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#302-Reappointment-Mr. Paul Earl to serve on the Beverly Harbor Management Authority A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Legal Affairs Order#309-National Grid-A petition for Plan#30693308-Longmeadow Road to install conduits A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order 9304-Assistant City Solicitor Oldmixon-Updating Order#014 of 2003 designation of special municipal employees The vote was taken in three parts. The following motion was made and seconded: Any person performing services for or holding an office, position, employment, or membership in a municipal department, office, board or commissions which is listed below, shall be classified as a"Special Municipal Employee" under the provisions of Chapter 268A of the General Laws, effective upon adoption of this resolution. Any person holding two or more offices or employments in the city, any one of which is not Beverly City Council Meeting Minutes—December 20,2022 page 5 of 7 classified hereunder, shall be a"Municipal Employee"under the provisions of said statute. Boards, Commissions and Committees not included in Order 14 of 2003: Affordable Housing Trust, Award to Municipal Employees Committee, Beautification Committee, Clean Energy Advisory Committee, Community Preservation Committee, Comprehensive Rezoning Committee, Financial Forecasting Committee, Financial Resources Committee, Homecoming Committee, Human Rights Committee, Ordinance Review Committee, Stormwater Management Advisory Committee, Trash and Recycling Committee, Lynch Park Advisory Committee Modification from Order 14 of 2003 to include additional employees Dental Clinics - Hygienists, Clinic Coordinator(2003 Order for only "Dental Clinic—dentists") A vote was taken, and the motion carried (7-0). The following motion was made and seconded: Any person performing services for or holding an office, position, employment, or membership in a municipal department, office,board or commissions which is listed below, shall be classified as a `Special Municipal Employee' under the provisions of Chapter 268A of the General Laws, effective upon adoption of this resolution. Any person holding two or more offices or employments in the city, any one of which is not classified hereunder, shall be a `Municipal Employee' under the provisions of said statute. Boards, Commissions and Committees renamed since Order 14 of 2003 and included in this Order for clarification: Beverly Housing Authority (2003 name "Housing Authority"); Beverly Waste Reduction Committee (2003 name "Solid Waste Management Committee"); Board of Assessors (2003 name "Board of Assessors of Taxes"); Board of Library Trustees (2003 name "Library Board of Trustees aka Trustees of the Public Library"); Board of Registrars of Voters (2003 name "Registrars of Voters"); Building and Other Facilities Planning and Construction Committee (2003 name"Permanent Building Commission"); Cable Television Advisory Committee (2003 name "Cable TV Advisory Commissions aka Cable Television Advisory Commission"); Cemetery Commission aka Board of Managers of Public Cemeteries (2003 name "Board of Managers - Cemeteries aka Board of Managers of Public Cemeteries"); Emergency Management Department(2003 name "Beverly Civil Defense Department aka Civil Defense Advisory Council aka Emergency Management Agency"); Essex North Shore Agricultural and Technical School (2003 name "North Shore Regional Vocational School District"); Industrial Development Finance Authority (2003 name"Industrial and Commercial Development"); Open Space and Recreation Committee (2003 name "Open Space and Recreation Commission"); Parks and Recreation Commission(2003 name "Parks and Recreation Committee"); Veterans Advisory Committee (2003 name "Veterans Memorial Advisory Committee"); Zoning Board of Appeals (2003 name "Board of Appeal - Zoning") A vote was taken, and the motion carried (7-0). The following motion was made and seconded: The following which were included in Order 14 of 2003 are no longer in existence or position is now a full time employee and are now excluded from special municipal employee designation under the provisions of Chapter 268A of the General Laws, effective upon adoption of this resolution: Beverly Partnership, Emergency Medical Services Commission, G.A.R. Hall Commission, Inspector of Animals,North Shore Recycling Committee Beverly City Council Nfeeting Minutes—December 20,2022 page 6 of 7 A vote was taken, and the motion carried (7-0). Order#259-Councilor Houseman-Special Municipal Employees-Shall be designated "Special Municipal Employees" A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (7-0). Order 9259A-Councilor Houseman-Special Municipal Employees-Conflict of Interest disclosures filed with the Office of the Mayor A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (6-1, Houseman opposed). Order#298-Appointment-Mr. Dylan Lukitsch, Economic Planner to serve as the Planning Department representative on the Design Review Board A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#321-City Clerk-Renewal of Class I, II and or III Motor Vehicle Dealer Licenses A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#299-Reappointments-Ellen Hutchinson and Andrea Toulouse to serve on the Beverly Planning Board A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). Order 9322-City Clerk-Renewal applications for three Lodging House Licenses Rotondo expressed some concerns about Garden City Residences at 490 Rantoul Street. In order to not have an unlicensed lodging house, Legal Affairs Committee suggested a temporary license until January 15 until some of the concerns could be addressed. A motion to approve all except for 490 Rantoul Street was made and seconded. A vote was taken, and the motion carried (7-0). A motion to approve 490 Rantoul Street temporarily until January 15 was made and seconded. A vote was taken, and the motion carried (7-0). Order#323-City Clerk-Renewal applications for 2023 Automatic Amusement Devices Licenses A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#324-City Clerk-Application for a new Livery License for an additional vehicle for Logistics Transportation Services Inc., 8 Munroe Street#1 A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order 9325- City Clerk-Renewal of five (5) 2023 Livery and Taxi Licenses A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). Order#319-A request for a ten-year Transportation Equipment Services Agreement and Lease with HET Beverly, LLC for three new class "C" Electric School Buses A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). A motion to adjourn was made and seconded. A vote was taken, and the motion carried (7-0). The meeting adjourned at 8:58pm. Beverly City Council Meeting Minutes—December 20,2022 page 7 of 7 Scott D.Houseman-Chair Julie R. Flowers Matthew J. St. Hilaire 1 'Z CLC A FINANCE AND PROPERTY/CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, December 20,2022 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 31 Floor,Beverly City Hall, 191 Cabot St. Houseman called the meeting to order at 7:49pm. Members present: Julie Flowers, Scott Houseman Members absent: Matthew St. Hilaire Order Date to Description Action Taken Number Committee President Flowers-A request to delegate to the Council #267 10/17/2022 President the power to do an annual review and Hold to 1/3/2023 evaluation of the City Clerk Grant-$27,830 Community Compact Cabinet IT grant #313 12/20/2022 through Executive Office of Administration and Finance Approve (2-0) Donation estimated at$5,000-$7,000 of an aluminum #314 12/20/2022 modular entryway wheelchair ramp for use at the Approve (2-0) Veterans Office from Ms. Carol Reid, 11 Ingersoll Street, Danvers Three (3)Earmarks from the Economic Development Legislation signed by Governor Baker 1. $300,000 for flood mitigation around Jordan Street, Approve#1 (2-0) #315 12/20/2022 2. $200,000 for the installation of solar panels at Hold#2 (2-0) Beverly High School and Approve#3 (2-0) 3. $100,000 for traffic mitigation measures around the Hall-Whitaker Bridge The meeting adjourned at 7:57pm. Estelle M. Rand-Chair Todd C. Rotondo Brendan S. Sweeney 28 A c_ 422 LEGAL AFFAIRS/CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES Monday, December 20, 2022, 7:OOPM Within the Confines of the City Council Meeting City Council'Chambers, 3rd Floor, Beverly City Hall, 191 Cabot St. Rotondo called the meeting to order at 7:49pm. Members present: Todd Rotondo,Brendan Sweeney Members absent: Estelle Rand Order Date to Description Action Taken Number Committee Mayor's response to Order 75A proposed amendments to 1995 #276 11/14/2022 Beverly Home Rule Charter Hold to 1/9/2023 (2-0) Proposed Zoning Ordinance Amendment of various articles #279 12/5/20222 related to building heights and inclusionary zoning Hold to 1/3/2023 (2-0) #282 11/14/2022 Councilor Bowen-A letter regarding Accessory Dwelling Units Hold to 1/3/2023 (2-0) A request for a ten-year Transportation Equipment Services #319 12/20/2022 Agreement and Lease with HET Beverly,LLC for three new Approve (2-0) class"C"Electric School Buses City Clerk-Renewal of Class I, II and or III Motor Vehicle #321 12/20/2022 Dealer Licenses Approve(2-0) Approve 78 Lothrop St. and City Clerk-Renewal applications for three Lodging House 45 Broadway(2-0) 4322 12/20/2022 Licenses Approve temporary license until January 15 for 490 Rantoul St. 2-0 City Clerk-Renewal applications for 2023 Automatic #323 12/20/2022 Amusement Devices Licenses Approve(2-0) City Clerk-Application for a new Livery License for an #324 12/20/2022 additional vehicle for Logistics Transportation Services Inc., 8 Approve(2-0) Munroe Street#1 #325 12/20/2022 City Clerk-Renewal of five(5)2023 Livery and Taxi Licenses Approve(2-0) Solicitor Williams-Regarding Order#276 Mayor's Edits #276A 12/20/2022 Incorporated into Draft Charter Approved by the City Council Hold to 1/9/2023 (2-0) Order#75A Planning Board,Ellen Hutchinson,Chair-regarding Council Order#279-2022-Recommendation from the Beverly Planning #329 12/20/2022 Board regarding the proposed zoning ordinance amendments to Approve(2-0) various articles related to building height and inclusionary zoning Councilor Houseman-Regarding Order#279,Proposed #279A 12/20/2022 Amendments to the Zoning Ordinance Hold to 1/3/2023 (2-0) After Orders#276,279,282,319,321, and 322 were voted,a motion was made to recess the committee meeting for the 8pm City Council public hearing. The Legal Affairs Committee meeting recessed at 8:00pm. The Legal Affairs Committee meeting was called back to order at 8:1 Opm. The meeting adjourned at 8:18pm. f • - Wit;`.�- Kathleen M. Feldman-Chair Hannah L. Bowen Steven M. Crowley j92-Z DEC 23 A 2 PUBLIC SERVICES/CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, December 20, 2022 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 3rd Floor, Beverly City Hall, 191 Cabot St. Feldman called the meeting to order. Members present: Bowen, Crowley, Feldman Order Date to Description Action Taken Number Committee Reappointment-Mr. Jeffrey M. Schlichte to serve on #300 12/5/2022 the Beverly Airport Commission Approve (3-0) Reappointments-Jan J. Jeffgood, Henry R. Pizzo III 4301 12/5/2022 and Justin Repp to serve on the Beverly Parks and Approve (3-0) Recreation Commission #302 12/5/2022 Reappointment-Mr. Paul Earl to serve on the Beverly Approve (3-0) Harbor Management Authority National Grid-A petition for Plan#30693308- #309 12/20/2022 Longmeadow Road to install conduits Approve (3-0) Appointment for Mr. Jason Reulet, 106 Standley #316 12/20/2022 Street,to serve on the Beverly Airport Commission Hold to 1/3/2023 #317 12/20/2022 Appointment for Ms. Rachel E. Morse, 14 Pond View Hold to 1/3/2023 Lane,to serve on the Beverly Board of Health Appointments for Chelsea Turner, 7 Jackson Street; Amanda Lennon, 7 Columbus Avenue; and Michael #318 12/20/2022 Gove, 9 Bartlett Street,to serve on the Beverly Hold to 1/3/2023 Cultural Committee #326 12/20/2022 Councilor Bowen-Regarding Beverly Regional Hold to 1/3/2023 Airport #327 12/20/2022 Councilor Bowen-Regarding City Parks Hold to 1/3/2023 #328 12/20/2022 Councilor Bowen-Regarding Storm Water Hold to 1/3/2023 Management Meeting adjourned.