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20230306 Regular City Council Meeting Minutes City of Beverly Regular City Council Meeting Public Meeting Minutes Monday,March 6, 2023, 7:OOpm 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, Todd Rotondo, Matthew St. Hilaire, Brendan Sweeney, Estelle Rand, Julie Flowers Members Absent: Scott Houseman Sweeney led the pledge of allegiance. Presentations,Awards and Memorials Anthony DiLuzio, Project Manager, Colliers Engineering and Design Team regarding the City Hall Project and McPherson Youth Center DiLuzio stated there is Colliers' staff working on both projects simultaneously. Ultimately, working with the mayor's team,the City selected two firms-Finegold Alexander Architects for the city hall project and Abacus Architects for the youth center. Teams have been meeting with departments,the YMCA, the Youth Collaboration Board, and others to see what kind of space is needed. DiLuzio stated folks would be moved out of the city hall building during the renovation. The plan is for net zero buildings designed to LEED standards. With McPherson,we're looking at approximately 5,000 square feet and keeping the cost under seven million dollars. That is more building than there is currently,but should serve the purpose for program space. For City Hall we anticipate it will be under 25 million. Both teams are on the same track to have a sense of what is needed for space and what the location challenges are by April/May. Acceptance of Minutes of Previous Meeting Regular City Council Meeting, February 21, 2023 Finance and Property Meeting,February 27, 2023 A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Communications from His Honor the Mayor Order#051-Request for Approval of a 3-year Mechanic Garage Space Lease with 51 Park Street LLC Referred to Committee on Legal Affairs. Order#052-Grant-$8,500 from the Department of Fish and Game: Division of Marine Fisheries-Clean Vessel Act Grant Program to support the free seasonal pump out boat service Referred to Committee on Finance and Property. Order#053-A proposed 2023 Member Rate Schedule for the Beverly Golf and Tennis Club Referred to Committee on Public Services. Order#054-Appointment-Mr. William K. Kendrick, 2 Webster Avenue to serve on the Beverly Airport Commission Referred to Committee on Public Services. Order#055-Appointment-Mr. Cory Farinella, 30 Bow Street to serve on the Zoning Board of Appeals Referred to Committee on Legal Affairs. Order#056-Appointment-Mr. Kyle Retallack, 346 Elliott Street to serve on the Beverly Airport Commission Referred to Committee on Public Services. Order 4057-Appointment-Ms. Nancy Schalch, 13 Bertram Street to serve on the Clean Energy Committee Referred to Committee on Public Services. Order#058-Grant-$15,000 Cultural District Incentive grant to be used to support the Beverly Arts District-a state-designated Cultural District and a partnership between the City of Beverly, Beverly Main Streets and Montserrat College of Art Referred to Committee on Finance and Property. Order 4059-Reappointments-Mr. George Binns, 51 Baker Avenue and Mr. Michael Collins, Commissioner of Public Services and Engineering to serve on the Parking and Traffic Commission Referred to Committee on Legal Affairs. Order 4060-Reappointment-Mr. Ronald Genest, 9 Vineyard St., Danvers and Ms. Jan Pierce, 1 Neptune Court to serve on the Veterans' Advisory Committee. And a request to waive the residency requirements for Mr. Genest Referred to Committee on Public Services. Order#061-Appointment-Dayna Morton to serve as the Beverly Chamber of Commerce's representative on Parking and Traffic Commission Referred to Committee on Legal Affairs Order#062-Appointment-Ms. Alyssa Rayman-Read, 163 Lothrop Street to serve on the Human Rights Commission Referred to Committee on Public Services. Order#063-Department of Public Services Positions Referred to Committee on Public Services. Public Hearings Order#037-7:30pm-Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department,purchase two new vehicles for the Department Municipal Inspections and cover some cost overages in Janitorial services as well as the City's insurance premiums The public hearing was opened. Mayor Michael Cahill spoke to the concern about the veterans line. We would not undermine veterans benefits in our community. Our veterans agent, David Perinchief has done a great job. Beverly City Council Meeting Minutes—Allarch 6,2023 page 2 of 13 This is a budget management process. This line has historically had some unspent funds. If in the unlikely occurrence that there was a run on that line before the end of the fiscal year, we would come back and ask you to fund it. Finance Director Bryant Ayles stated this is a realignment since the City is not spending at the level that was budgeted for. Sweeney stated his understanding is that veterans benefits are split with some coming from the state and some from the city. Ayles stated the city pays up front then receives reimbursement for 75% from the state. Sweeney stated that in previous fiscal years, the City has underspent and asked if that is because we leave room in case some isn't paid back. Ayles stated the budget is based on the peak spending from the previous year, but often less than that is spent on average. Sweeney asked if there would be a transfer if there were a spike in spending. Ayles stated yes,there would be a transfer. St. Hilaire stated it sounds like the City has changed the way this line item is budgeted and he doesn't recall transferring out of this line before. Ayles stated that probably around eight years ago we started budgeting a little more aggressively for this line. We have transferred from this before in FY21 and FY22. Anything not spent goes back to the general fund. There is definitely capacity to be able to transfer this. City Council Budget Analyst Gerard Perry stated this is normal routine practice. This line is being underspent. The veterans will have their needs met as there are sufficient funds. Perry stated he is comfortable with this and recommended the transfer. Bowen asked if there's extra money in veterans services,why it can't be spent in another way for veterans. The hearing was paused to open the 7:45pm hearing. Order#041-7:45pm-A$560,000 grant from Seaport Economic Council for project work at the 4 Cabot Street parcel. The grant requires a 20%match of funding. A request for a transfer of $119,270 to be transferred from the City's Free Cash balance and that$20,730 be transferred from the HMA fund balance A motion to recess Order#041 to 8:15pm was made and seconded. A vote was taken, and the motion carried(8-0). Order#037-7:30pm(continued)-Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department, purchase two new vehicles for the Department Municipal Inspections and cover some cost overages in Janitorial services as well as the City's insurance premiums Ayles stated there are a number of lines within departmental budgets that aren't necessarily "operational" costs of the department. For example,the insurance premium that's also on this order lies within the accounting department. That's a million dollar line item, and if there are savings there,the funds aren't reallocated within the individual department. This is really viewed as a city resource designed for Chapter 115 services. Just because it's available one particular year, it doesn't mean it will be available indefinitely. It couldn't be counted on for staffing or Beverly City Council Meeting Minutes—March 6,2023 page 3 of 13 reallocated to a fixed cost that occurs every year because then when the spending needs to increase to meet the original obligation there wouldn't be the budgetary capacity. When talking about staffing adjustments, we look at long-term capacity. Bowen stated it sounds like there is a year over year cushion in the veterans department. While in general that's a smart budgetary principle, in this specific case it seems like a missed opportunity. Ayles stated these amounts are set because in the past it's not been unheard of to spend at these levels. Ayles stated the average spending per month has been going down over the past few years. In 2021, the City spent $350,000 of a$525,000 budget, so for FY22, we brought it down to $480,000 then we spent $258,000. Ayles stated when budgeting for FY23,he was hesitant to say that's the new norm, so the FY23 budget was set based on the peak spending months. Now, it looks like the City will spend closer to $240,000 of a$460,000 budget. Crowley asked about the reason for the decline in spending. Ayles stated that Mr. Perinchief is very good at identifying support for veterans outside of the City and uses the Chapter 115 almost as a kind of last support. He will point veterans in the direction of federal or state resources if that can meet their needs. St. Hilaire stated there's not a lot of excitement for cutting a veterans benefit and that he is trying to understand whether there's an additional staffing need there or if it could be addressed at a later date. Ayles stated the need for additional staffing is reviewed every year in budget season. We are not actually cutting any benefits that veterans receive. We'll meet what they need. Sweeney asked if the fire department shift coverage is due to one-off factors. Fire Chief Peter O'Connor stated it was a little bit of a perfect storm this year. Rand clarified around the Chapter 115 money and veterans benefits. That line is just the Chapter 115 money; it's intended to support that program and that state funding. If there's an appetite for funding the veterans services department at a higher level,that would be in a completely separate line item. That being said,there is clearly funding there being reallocated to a different department, so that's something to think about. Ayles stated this Council was supportive of increasing the funding for staff within that department this past fiscal year. A part time employee was added, so we are moving in that direction. Rand asked about the janitorial contract for the police department. Ayles stated it was the prior year invoices paid out of that line that are now being replenished. Order#014-8:OOpm-A proposal to name the Harbormaster Building in honor of Harbormaster Daniel McPherson A motion to recess Order#014 to 8:1 Opm was made and seconded. A vote was taken, and the motion carried(8-0). Order#037-7:30pm(continued)-Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department,purchase two new vehicles for the Department Municipal Inspections and cover some cost overages in Janitorial services as well as the City's insurance premiums Beverly City Council Meeting Minutes—March 6,2023 page 4 of 13 Bowen asked about the additional source lines and for an update on the public safety dispatch process and short-term principal. Ayles stated short-term principal is a budget line that tends to go to authorized projects that may require cash infusions either to round out a bond authorization or a borrowing or to pay down principal. We thought originally there might be the opportunity to pay down some funds to go with a capital project,but the timing is that we wouldn't be borrowing this fiscal year for this building, McPherson or any other projects, so some funds can be reallocated. As far as public safety dispatch, a supervisor has been hired who has been working for some months and we are working with all parties involved to move forward. Bowen asked on the "transfer to" side if the municipal inspections vehicles were likely to be EVs. Ayles stated they will be EVs. There is no vehicle purchased by the City without the mayor asking if EVs are available and if it would be practical for the City's needs. Bowen stated she was supportive of the transfers into budget lines and asked about the selection of those sources. Ayles stated these are areas that will not disrupt city operations. These areas are not being spent at the level that was originally budgeted. The hearing was opened to members of the public. Caryn Gallagher, 9 High St., voiced concerns over the proposed reallocation from Chapter 115. Order#014-8:00pm/8:10pm-A proposal to name the Harbormaster Building in honor of Harbormaster Daniel McPherson A motion to recess Order#014 to 8:20pm was made and seconded. A vote was taken, and the motion carried(8-0). Order#037-7:30pm(continued)-Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department,purchase two new vehicles for the Department Municipal Inspections and cover some cost overages in Janitorial services as well as the City's insurance premiums Travis Foley, 62 Pleasant St., stated he is a veteran himself and a live-in responder for the veterans there. Foley stated veterans feel like they don't see anything from the City. It feels like the City doesn't care and is disrespectful. Order#041-7:45pm/8:15pm-A $560,000 grant from Seaport Economic Council for project work at the 4 Cabot Street parcel. The grant requires a 20%match of funding. A request for a transfer of$119,270 to be transferred from the City's Free Cash balance and that $20,730 be transferred from the HMA fund balance A motion to recess Order#041 to 8:45pm was made and seconded. A vote was taken, and the motion carried(8-0). Order#037-7:30pm (continued)-Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department, purchase two new vehicles for the Department Municipal Inspections and cover some cost overages in Janitorial services as well as the City's insurance premiums Bowen read a comment from Julie DeSilva asking the city to find another source for the transfer. Beverly City Council Meeting Minutes—March 6,2023 page 5 of 13 If there is extra money in the budget, it's due to smart management on the part of Mr. Perinchief and a better use would be to add members to his team. Perry recommended approval and clarified that no one who receives veterans benefits under Chapter 115 will be denied or lose any benefits because of this. Order#014-8:00pm/8:20pm-A proposal to name the Harbormaster Building in honor of Harbormaster Daniel McPherson A motion to recess Order#014 to 8:3 5pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#037-7:30pm(continued)-Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department, purchase two new vehicles for the Department Municipal Inspections and cover some cost overages in Janitorial services as well as the City's insurance premiums St. Hilaire asked if the Chapter 115 line can be used for anything else. Perry stated only if the Council approved it. St. Hilaire asked where in the budget they might go next if the Council did not do this. Perry stated snow and ice is looking good now but you never know. Public safety dispatch has some room,but transferring this is not going to be a problem. Staffing is a different conversation. If the Council transfers this money, we can still have that conversation and address staffing; this doesn't prevent that. Feldman stated she feels like there is a disconnect between what we are trying to achieve as councilors. There's something missing somewhere. We are trying to support veterans, but it's not getting where we'd like. Feldman stated she is fine with the transfers. Feldman stated she would like to know on a broader level how to better figure this out so they are using their budget to capacity. Bowen stated she appreciated the outline of best practices and also if there is a way to look at the goal of making these transfers and doing that in a way that doesn't accidentally or unintentionally send a message that we are not as fully supportive of the veterans department and benefits as we are,that would be worthwhile. Although the numbers hold true,there are still the optics of that. If there is another line to tap, it would be beneficial to think about how this is presented publicly. Perry stated that looking at another line for this would cause another hearing and delay the transfers. Perry advised approving it as proposed. Rand asked for confirmation of Chapter 115 funding and the line item veterans benefits. Rand stated her understanding is that it is the City's legal obligation to fund any veterans benefits requests under Chapter 115 regardless of what is in that fund. If an expense comes in,the City is required to pay for it and to fund the request for those benefits. Perry agreed. Order#042-8:30pm-A request for a transfer of$850,000 from the city's Certified Free Cash balance to be placed into the City's Road and sidewalk fund to support design work for the Phase II Brimbal Avenue overpass project A motion to recess Order#042 to 8:55pm was made and seconded. A vote was taken, and the Beverly City Council Meeting Minutes—March 6,2023 page 6 of 13 motion carried(8-0). Order#037-7:30pm(continued)-Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department, purchase two new vehicles for the Department Municipal Inspections and cover some cost overages in Janitorial services as well as the City's insurance premiums Cahill stated that during the last budget process a part-time person was added who has been working ten hours a week and who worked full-time when Mr. Perinchief was out. The hearing was closed, and the item was referred to Committee on Finance and Property. Order 9014-8:00pm/8:35pm-A proposal to name the Harbormaster Building in honor of Harbormaster Daniel McPherson The public hearing was opened. Police Officer Erik Abrahamson spoke in support of the proposal, of Dan's dedication to his work and about the difference Dan made in his life personally. Order#041-7:45pm/8:45pm-A$560,000 grant from Seaport Economic Council for project work at the 4 Cabot Street parcel. The grant requires a 20%match of funding. A request for a transfer of$119,270 to be transferred from the City's Free Cash balance and that $20,730 be transferred from the HMA fund balance A motion to recess Order#041 to 9:05pm was made and seconded. A vote was taken, and the motion carried(8-0). Order 9014-8:00pm/8:35pm (continued)-A proposal to name the Harbormaster Building in honor of Harbormaster Daniel McPherson Police Officer Ryan Knight also spoke in support of naming the building and said he owed the start of his career to Dan. Police Chief John LeLacheur stated Dan made that building happen by moving the office out of the old McDonald's and made it a professional building. It should be named after him. Cahill spoke of how Dan was universally respected and loved and he poured his heart into all the work he did. Cahill stated he would be honored to support this if the Council approves it. A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#042-8:30pm/8:55pm-A request for a transfer of$850,000 from the city's Certified Free Cash balance to be placed into the City's Road and sidewalk fund to support design work for the Phase II Brimbal Avenue overpass project A motion to recess Order#042 to 9:15pm was made and seconded. A vote was taken, and the motion carried(8-0). A motion for a brief recess of the City Council meeting was made and seconded. A vote was taken, and the motion carried (8-0). The meeting was recessed at 8:57pm. The meeting was called back to order at 9:03pm. Communications from other City Officers and Boards Order 4064-President Flowers-Reappointments for Mr. Richard Benevento and Mr. John Lozado as Council Representatives on the Parking and Traffic Commission. The Mayor has Beverly City Council Meeting Minutes—March 6,2023 page 7 of 13 requested a waiver of residency in the past and would recommend that we honor this request. Referred to Committee on Legal Affairs. Order#065-Solicitor Williams-Home Rule Petition Regarding Amendments to the 1995 City of Beverly Home Rule Charter and Order Nos. 75A and 276 of 2022 Referred to Committee on Legal Affairs. Order#066-Solicitor Williams-Nonsubstantive Changes to the Draft Charter Amendments Reflected in Orders 75A and 276 of 2022 Referred,to Committee on Legal Affairs. Order#067-Solicitor Williams-Authorization to Execute Agreement with Cell Signaling Technology as Contemplated by Previously Approved Order#110 of 2021-Amendment to City's Zoning Ordinance: IR Overly Zoning District Referred to Committee on Legal Affairs. Public Hearings (Continued) Order#041-7:45pm/9:05pm-A $560,000 grant from Seaport Economic Council for project work at the 4 Cabot Street parcel. The grant requires a 20%match of funding. A request for a transfer of$119,270 to be transferred from the City's Free Cash balance and that$20,730 be transferred from the HMA fund balance The public hearing was opened. Ayles stated this grant will be used for improvements including some additional permitting work for the waterfront license, engineering design for the parcel, and building demolition. Rand asked about discussion for what is going into the design. Commissioner of Public Services and Engineering Michael Collins spoke about a few different components to support the transient fishing float and provide additional transient slips. Two components would be the parking and associated landscape architecture. There's a lot of focus on how to serve that transient boating population and the coastline fishing population. The property, when acquired, contained with it a properly licensed pier with permits in place,but that was designed to be served from only the parcel that the property owner owned, which was a very narrow strip of land. We have a little more flexibility and can come up with a more beneficial design that will better integrate with the coastline. There's some study first that has to happen to try to identify what the potential uses are,that will lead to the design phase and we'll have some open dialogue around that. Rand asked about the estimated timeline of when the parking area will be completed. Collins stated the hope is to get some kind of parking ready for boating season starting the end of May/early June. Everything may not be finished by then, but the parking is desperately needed, so we are doing some hazardous material surveys to find out where asbestos is in order to be able to tear the building down safely. As soon as we are able to raze the building, even just getting it to gravel would add more parking and leave it flexible. Rotondo asked if DPS would raze the building or get a contractor. Collins stated because of the asbestos in the roof it has to be removed by a specialist company. Beverly City Council Meeting Minutes—March 6,2023 page 8 of 13 Bowen asked about remaining funds. Ayles stated that from the previous grant for purchase and associated costs,there is $205,000 left. This additional amount will then equal just over$900,000 available. The other piece with transient floats will have the ability to absorb some costs associated with the design, permitting and construction of that. Bowen asked of that$900,000, how much is the design work,how much is the demolition, and how much for the parking lot construction. Ayles stated the total project budget of this grant before the Council this evening consisting of the grant and match components would be an estimated $55,000 in permitting, $133,000 in engineering, $60,000 in building demo, and$400,000 in parking lot construction and other site improvements. Perry stated that matching grants reduce the cost to the taxpayers of the city and recommended adoption. No members of the public wished to speak on the item. The hearing was closed, and the item was referred to Committee on Finance and Property. Order#042-8:30pm/9:15pm-A request for a transfer of$850,000 from the city's Certified Free Cash balance to be placed into the City's Road and sidewalk fund to support design work for the Phase II Brimbal Avenue overpass project The public hearing was opened. Feldman spoke in support of the request. Bowen expressed concern about what other projects are being put off to fund this. E No members of the public wished to speak on the item. The hearing was closed, and the item was referred to Committee on Finance and Property. Communications, Applications and Petitions Order#068-National Grid-Plan#30648523 to install conduits encased in concrete and all appurtenances from Pole # 3124 to the property of 105 Sam Fonzo Drive Referred to Committee on Public Services. Order#069-Andrew Brown, Director of 4th of July Committee-A request for a waiver of the City Ordinance Ch. 113-2 prohibiting possession or consumption of alcohol on a public way public spaces for a Family Picnic in the Park on July 2, 2023 at Dix Park Referred to Committee on Legal Affairs. Unfinished Business from a Previous Meeting Order#024A-Glovsky-A withdrawal of a request for Short Term on Street parking at 480 Rantoul Street. (Regarding Order#024-2023) A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(8-0). Beverly City Council Meeting Minutes—March 6,2023 page 9 of 13 Motions and Orders Order#279-Proposed Amendments to the Beverly Zoning Ordinance Various Articles related to building heights and Inclusionary Zoning (Final Passage, first vote on 243-23) The following motion was made and seconded: (1) Approve the proposed amendments that would effectuate the elimination of the"Tall Building Overlay District" by deleting the reference in Sections 300-40D(2)(f), 300-401)(3)(f), and 300-401)(5)(f)which allows a building height of up to 75 feet by Special Permit in a defined area of the CC District; delete Section 300-40G(2) and hold as Reserved; and eliminate reference in Section 300-22A(2) and Section 300-40I to the associated Tall Building Design Guidelines. A vote was taken, and the motion carried(7-1, Bowen opposed). The following motion was made and seconded: (2) Approve the proposed amendments that would reduce the maximum allowable height of buildings in the Cabot Street area by (1) adding in Section 300-6A Designation, "CC2"and "Central business Cabot", (2) adding a new Section 300-6C creating a new CC2 Subdistrict as shown on Map 22-056 Zoning Proposal Overview, and (3) updating the official City Zoning Map accordingly; changing "CC"to "CC/CC2"throughout the Ordinance when it refers to both districts together; and amending the maximum building heights in Section 300-40D Building and Area Requirements to read as follows: (1) Commercial uses, residential uses or combined commercial/residential uses on CC- zoned lots with side and/or rear yards abutting a residential zoning district: (f) Maximum building height: In CC District, 55 feet when "RHD" is the abutting residential district. In CC2 subdistrict, 45 feet with no more than 4 stories. In both CC and CC2, 35 feet when "RMD" or 'W" is the abutting residential district. (2)Residential uses which do not abut a residential zoning district: (f)Maximum height: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than 4 stories. (3) Commercial uses which do not abut a residential district: (f) Maximum height: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than 4 stories. (4) Commercial or residential uses within structures existing at the time of the adoption of this chapter: (f) Maximum height: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than 4 stories. (5) Combined commercial/residential uses on lots with side and/or rear yards which do not abut a residential zoning district: (f) Maximum building height: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than 4 stories. A vote was taken, and the motion carried (7-1, Bowen opposed). The following motion was made and seconded: Beverly City Council Meeting Minutes-ALlarch 6,2023 page 10 of 13 (3) Approve the proposed amendment to Section 300-37D(9) reducing the maximum allowable height of buildings in the residential district(RHD)between Cabot Street and Rantoul Street from 55 feet to 40 feet A vote was taken, and the motion carried (6-2, Bowen and Flowers opposed). The following motion was made and seconded: (4a)Not approve the proposed amendments to Amend Article XV, Affordable Housing ("Inclusionary Housing Ordinance"), as follows: In Sections 300-103A, 300-103A(1), 300-103A(2), 300-103A(3) 300-103C, and 300-104(C), to change "six (6)"to "four (4)" A vote was taken, and the motion carried(8-0). The following motion was made and seconded: (4b) Approve the proposed amendments in Section 300-104A(1) and 300-104(C) change"80%" to "60%" and delete Section 300-104A(2) and 300-104A(3)holding both as Reserved. A vote was taken, and the motion carried (8-0). The following motion was made and seconded: (4c) Approve the proposed amendments to Delete Section 300-108A(1) and hold as Reserved and in Section 300-114C, delete "or off-site". A vote was taken, and the motion carried (8-0). The following motion was made and seconded: (4d) Approve the proposed amendments in Sections 300-114C(1) and C(2) and Section 300- 114E,replace "Essex County Registry of Deeds"with"Southern Essex District Registry of Deeds" A vote was taken, and the motion carried (8-0). A motion to break for committee work was made and seconded. A vote was taken, and the motion carried(8-0). The meeting was recessed at 9:52pm. The meeting was called back to order at 10:12pm. Reports of Committees Finance and Property Order#037-Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department,purchase two new vehicles for the Department Municipal Inspections and cover some cost overages in Janitorial services as well as the City's insurance premiums Beverly City Council Meeting Minutes—March 6,2023 page 11 of 13 Flowers switched seats with Council Vice President Rotondo so that he could chair the meeting while she spoke on the item. Flowers stated she is supportive of everything the money is being put towards but her personal preference would be to look for a different line item than veterans for it to come from. Flowers stated she intends to vote against it. Bowen stated she plans to support it in this form for the flip side of that reason, because she is supportive of what the money is being put towards with deep reservations about how we plan and communicate. Bowen stated she would like to see it approached in a more holistic way. A motion to approve was made and seconded. A vote was taken, and the motion carried (5-3, Crowley, Flowers, St. Hilaire opposed). Order#041- A$560,000 grant from Seaport Economic Council for project work at the 4 Cabot Street parcel. The grant requires a 20% match of funding. A request for a transfer of$119,270 to be transferred from the City's Free Cash balance and that$20,730 be transferred from the HMA fund balance A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#042-A request for a transfer of$850,000 from the city's Certified Free Cash balance to be placed into the City's Road and sidewalk fund to support design work for the Phase II Brimbal Avenue overpass project A motion to approve was made and seconded. A vote was taken, and the motion carried(7-1, St. Hilaire opposed). Order#052-Grant-$8,500 from the Department of Fish and Game: Division of Marine Fisheries-Clean Vessel Act Grant Program to support the free seasonal pump out boat service A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#058-Grant-$15,000 Cultural District Incentive grant to be used to support the Beverly Arts District-a state-designated Cultural District and a partnership between the City of Beverly, Beverly Main Streets and Montserrat College of Art A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Legal Affairs Order#046-A reappointment for Mr. Timothy R. Creamer, 36 Appleton Avenue,to serve as Constable in the City of Beverly A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#051-Request for Approval of a 3-year Mechanic Garage Space Lease with 51 Park Street LLC A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#064-President Flowers-Reappointments for Mr. Richard Benevento and Mr. John Lozado as Council Representatives on the Parking and Traffic Commission. The Mayor has requested a waiver of residency in the past and would recommend that we honor this request. A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#065-Solicitor Williams-Home Rule Petition Regarding Amendments to the 1995 City of Beverly Home Rule Charter and Order Nos. 75A and 276 of 2022 Beverly City Council Meeting Minutes—March 6,2023 page 12 of 13 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#066-Solicitor Williams-Nonsubstantive Changes to the Draft Charter Amendments Reflected in Orders 75A and 276 of 2022 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#067-Solicitor Williams-Authorization to Execute Agreement with Cell Signaling Technology as Contemplated by Previously Approved Order#110 of 2021-Amendment to City's Zoning Ordinance: IR Overly Zoning District A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#069-Andrew Brown, Director of 4th of July Committee-A request for a waiver of the City Ordinance Ch. 113-2 prohibiting possession or consumption of alcohol on a public way public spaces for a Family Picnic in the Park on July 2, 2023 at Dix Park A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Public Services Order#045-Appointment-Mr. Michael P. Collins, Commissioner of Public Services & Engineering to serve on the Permanent Building Commission Bowen stated that to her this is a committee that's supposed to advise and provide some, not real oversight, but sort of citizen input on and view into major capital assets and new building plans in the city. It's another group,besides this body,that hears about those projects and gets to ask questions. It provides input to those projects. Bowen stated she feels that having the commissioner as a key input and liaison to that committee and really as a guiding force behind F the projects themselves is appropriate and how things should be. Bowen stated she feels however the goal of the committee is to have citizen appointees. The charter says six mayoral appointees and one school committee appointee. The appointment of the head of the department that does most of the work on these buildings is not an added value, and using that seat to not have another citizen representative is a negative thing in my mind. Bowen said with great respect for Commissioner Collins' work that she doesn't feel like this is the right position. A motion to approve was made and seconded. A vote was taken, and the motion carried(6-2, Bowen and Flowers opposed). Order#053-A proposed 2023 Member Rate Schedule for the Beverly Golf and Tennis Club A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#063-Department of Public Services Positions A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#068-National Grid-Plan#30648523 to install conduits encased in concrete and all appurtenances from Pole# 3124 to the property of 105 Sam Fonzo Drive A motion to set a public hearing for April 3 at 7:30pm was made and seconded. A vote was taken, and the motion carried(8-0). A motion to adjourn was made and seconded. A vote was taken, and the motion carried(8-0). The meeting adjourned at 10:35pm. Beverly City Council Meeting Minutes—March 6,2023 page 13 of 13 Scott D. Houseman-Chair Julie R. Flowers Matthew J. St. Hilaire FINANCE AND PROPERTY/CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday,March 6, 2023 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 3rd Floor,Beverly City Hall, 191 Cabot St. St. Hilaire called the meeting to order at 9.55pm. Members present: Julie Flowers, Matthew St. Hilaire Members absent: Scott Houseman Also present: Director of Grants Catherine Barrett Order Date to Description Action Taken Number Committee Earmark from the Economic Development Legislation #315 12/20/2022 signed by Governor Baker$200,000 for the installation Held of solar panels at Beverly High School Inter-departmental transfer request of$315,000 to be used to support ongoing overtime needs within the Fire Department, purchase two new vehicles for the #037 3/6/2023 Department Municipal Inspections and cover some cost Approved (2-0) overages in Janitorial services as well as the City's insurance premiums A$560,000 grant from Seaport Economic Council for project work at the 4 Cabot Street parcel. The grant requires a 20%match of funding. A request for a #041 3/6/2023 transfer of$119,270 to be transferred from the City's Approved (2-0) Free Cash balance and that $20,730 be transferred from the HMA fund balance A request for a transfer of$850,000 from the city's Certified Free Cash balance to be placed into the City's #042 3/6/2023 Road and sidewalk fund to support design work for the Approved (2-0) Phase II Brimbal Avenue overpass project Grant-$8,500 from the Department of Fish and Game: Division of Marine Fisheries-Clean Vessel Act Grant #052 3/6/2023 Program to support the free seasonal pump out boat Approved (2-0) service Grant-$15,000 Cultural District Incentive grant to be used to support the Beverly Arts District-a state- #058 3/6/2023 designated Cultural District and a partnership between Approved (2-0) the City of Beverly, Beverly Main Streets and Montserrat College of Art The motion to adj ourn Committee on Finance and Property was made and seconded. A vote was taken, and the motion passed (2-0). The meeting adjourned at 9:57pm. Estelle M. Rand-Chair Todd C.Rotondo Brendan S. Sweeney LEGAL AFFAIRS /CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES Monday, March 6, 2023, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 311 Floor, Beverly City Hall, 191 Cabot St. Rand called the meeting to order at 9:53pm. Members present: Todd Rotondo, Brendan Sweeney, Estelle Rand Members absent: None Order Date to Number Committee Description Action Taken #282 11/14/2022 Councilor Bowen-A letter regarding Accessory Dwelling Held Units Reappointment for Mr. Timothy R. Creamer, 36 Appleton #046 2/21/2023 Avenue,to serve as Constable in the City of Beverly Approved (3-0) Request for Approval of a 3-year Mechanic Garage Space #O51 3/3/2023 Lease with 51 Park Street LLC Approved (3-0) President Flowers-Reappointments for Mr. Richard Benevento and Mr. John Lozado as Council Representatives on the #064 3/3/2023 Parking and Traffic Commission. The Mayor has requested a Approved(3-0) waiver of residency in the past and would recommend that we honor this request Solicitor Williams-Home Rule Petition Regarding #065 3/3/2023 Amendments to the 1995 City of Beverly Home Rule Charter Approved(3-0) and Order Nos. 75A and 276 of 2022 Solicitor Williams-Nonsubstantive Changes to the Draft #066 3/3/2023 Charter Amendments Reflected in Orders 75A and 276 of Approved(3-0) 2022 Solicitor Williams-Authorization to Execute Agreement with Cell Signaling Technology as Contemplated by Previously #067 3/3/2023 Approved Order#110 of 2021-Amendment to City's Zoning Approved (3-0) Ordinance: IR Overly Zoning District Andrew Brown, Director of 4th of July Committee-A request for a waiver of the City Ordinance Ch. 113-2 prohibiting #069 3/3/2023 possession or consumption of alcohol on a public way public Approved (3-0) spaces for a Family Picnic in the Park on July 2, 2023 at Dix Park The motion to adj ourn Committee on Legal Affairs was made and seconded. A vote was taken, and the motion passed (3-0). The meeting adjourned at 10:08pm. Kathleen M. Feldman-Chair Hannah L. Bowen Steven M. Crowley PUBLIC SERVICES /CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, March 6, 2023 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 3,d Floor,Beverly City Hall, 191 Cabot St. Feldman called the meeting to order at 9:55pm. Members present: Hannah Bowen, Steven Crowley, Kathleen Feldman Order Date to Description Action Taken Number Committee #326 12/20/2022 Councilor Bowen-Regarding Beverly Regional Airport Held Appointment-Mr. Michael P. Collins, Commissioner of #045 2/21/2023 Public Services &Engineering to serve on the Not Approved Permanent Building Commission A proposed 2023 Member Rate Schedule for the #053 3/6/2023 Beverly Golf and Tennis Club Approved (3-0) Appointment-Mr. William K. Kendrick, 2 Webster #054 3/6/2023 Avenue to serve on the Beverly Airport Commission Held Appointment-Mr. Kyle Retallack 346 Elliott Street to #056 3/6/2023 serve on the Beverly Airport Commission Held #057 3/6/2023 Appointment-Ms.Nancy Schalch, 13 Bertram Street to Held serve on the Clean Energy Committee Reappointment-Mr. Ronald Genest, 9 Vineyard St., Danvers and Ms. Jan Pierce, 1 Neptune Court to serve #060 3/6/2023 on the Veterans' Advisory Committee and a request to Held waive the residency requirements for Mr. Genest #062 3/6/2023 Appointment-Ms. Alyssa Rayman-Read, 163 Lothrop Held Street to serve on the Human Rights Commission #063 3/6/2023 Department of Public Services Positions Approved (3-0) National Grid-Plan#30648523 to install conduits Set public hearing #068 3/6/2023 encased in concrete and all appurtenances from Pole# for April 3 at 3124 to the property of 105 Sam Fonzo Drive 7:30pm(3-0) Order#045 Bowen stated she felt the seat should go to a citizen representative rather than a city employee. Bowen moved to not approve the appointment. The motion was seconded. A vote was taken with Bowen in favor of not approving the appointment, Crowley opposed to not approving the appointment, and Feldman abstaining. A motion to adjourn was made and seconded. A vote was taken, and the motion passed(3-0). The meeting adjourned at 10:08pm.