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20230320 Regular City Council Meeting Minutes City of Beverly - Regular City Council Meeting Public Meeting Minutes Monday, March 20,2023, 7:OOpm City Council Chambers, 191 Cabot St. Julie Flowers, City Council President, called the meeting to order at 7:02pm. City Clerk, Lisa Kent,took attendance by roll call. Members Present: Steven Crowley, Kathleen Feldman, Scott Houseman, Todd Rotondo, Matthew St. Hilaire, Brendan Sweeney, Estelle Rand, Julie Flowers Members Absent: Hannah Bowen Houseman led the pledge of allegiance. Presentations, Awards and Memorials Mayor Michael Cahill- State of the City Cahill spoke of recent environmental projects, improvements to the bond rating, and the purchase of the Rowand's lot to support the waterfront. The City has built reserves in the event of another recession and is in a good financial position. This year,the city is spending an average of two million dollars per week on schools. We need to continue this focus on strong reserves so we can make it through future economic downturns. Together as a community we are fighting the climate crisis. Cahill spoke of projects like solar panels,the geothermal system at the library, EV charging stations, and new net-zero construction. Cahill highlighted the Beverly Salem Energy Challenge. We need and benefit from the passion and expertise of our residents. Cahill discussed the new master plan. Several key recommendations have been advanced by the planning department including the creation of design standards. Many projects have been funded with grants. In the work of diversity and equity,we have a new hire and are taking action on the audit. We are working on a project for developing benchmarks for language access and on best practices and diversifying the workforce and city volunteers. Cahill addressed infrastructure needs. In recent years, we have rebuilt intersections including at the foot of the Beverly-Salem Bridge and by Henry's and Beverly Golf and Tennis. We have also improved water management systems. We are looking at infrastructure beneath Bridge Street ahead of next year's state project. Over the last five years,we have spent over seventeen million dollars on roads, sidewalks and larger projects such as the intersections. Cahill spoke of the process for determining upcoming projects including looking at the Pavement Condition Index (PCI). As a city, we continue to dedicate time and energy to three critical issues,the cleanup of the former Varian property,the sudden closure of the Hall-Whitaker Bridge, and the Brimbal Avenue highway overpass and interchange project. Cahill spoke of open space and recreation projects. Together we as a community continue to prioritize protecting our assets and resources and enhance services. Cahill stated it has been a great partnership with the City Council. A motion for a five minute recess was made and seconded. A vote was taken, and the motion carried (8-0). The meeting was recessed at 7:35pm. The meeting was called back to order at 7:40pm. Kirsten Meyer, Recruitment Manager and Eric Mitchell, CEO of Pathways for Children Meyer and Mitchell spoke about the mission, history,programs, and services of Pathways. Acceptance of Minutes of Previous Meeting Finance and Property Meeting, March 13, 2023 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Public Hearings Order#287-8:00 PM-National Grid-Petition to install approximately 8,050 feet of 12inch, 60 psig plastic gas main on Hale Street, extending from the existing stub near Cabot Street to the regulator station at Boyle Street (Public hearing continued from December 5, 2022, December 20, 2022, January 3,2023 and January 17, 2023 meetings) Diana Cuddy from National Grid was present for any questions. Cuddy stated this line is not for new growth or to replace a leak-prone pipe but as a backup to reinforce the existing system. Rand stated in thinking about climate change in a regional sense, she is of the mind to not support this. Rand asked if Solicitor Williams could speak to concerns of increasing infrastructure that is basically harming the community and the Council's leverage to not support that. Rand asked Solicitor Williams to expound on the communication she sent. City Solicitor Stephanie Williams said that state statute Chapter 164 regulates the installation and maintenance of natural gas distribution lines and Massachusetts Supreme Judicial Court [SJC] decisions have held that statute preempts local regulation. There is a statute that says utilities need the consent of the City Council to open the streets, however, case law has made that more of a notice than approval. A policy at a high-level has been made that it is up to the Department of Public Utilities to really make those decisions. That has not been delegated to municipalities. Williams stated she understands the concern as city councilors, however she does not think this is the vehicle by which the City Council can prevent that sort of policy determination. Rand stated she was curious how other communities are limiting new lines. Williams stated some communities are in a pilot program that is authorized by the state legislation and are preventing new construction that has natural gas hook ups through building and zoning codes. The City of Beverly doesn't currently have the ability to do that because it is not among those communities. Houseman seconded the concerns of Councilor Rand. In Brookline the AG decided the city was subject to preemption by the Department of Public Utilities [DPU]. Houseman asked whether, given the other work that's going on in the City, if there is any authority the Council might have to put a pause on the application. Williams stated the issue is Supreme Judicial Court decisions regarding state statutes. There was some discussion about if there is any time in which the Council has to act. A section of the statute says if the Council does not act within 90 days of receipt of the application, then the public utility can go to the DPU and get permission from the DPU. It would not necessarily achieve the goal Councilors are trying to achieve. Order#043-8:15 PM-Relative to a request for a transfer of$250,000 from the city's Certified Free Cash balance to be placed into the City's reserve for unforeseen within FY23 operating budget A motion to recess Order#043 to 8:40pm was made and seconded. A vote was taken, and the Beverly City Council Meeting Minutes—March 20,2023 page 2 of I motion carried (8-0). Order#287-8:00 PM (continued)-National Grid-Petition to install approximately 8,050 feet of 12inch, 60 psig plastic gas main on Hale Street, extending from the existing stub near Cabot Street to the regulator station at Boyle Street(Public hearing continued from December 5, 2022, December 20, 2022, January 3,2023 and January 17, 2023 meetings). Rotondo asked if the Council does not really have options. Williams essentially agreed and stated the Council can ask for an administrative fee or copies of anything submitted to the DPU as well as questions about traffic management,hours of work, rodent control, to understand what is going to be happening. Williams stated she does not think the grant of location is something that the Council has the authority to withhold based on a matter of policy that the City doesn't support anything that would advance further use of fossil fuels. Rotondo stated he looks at the road conditions. A lot of them are in worse shape after National Grid comes through and still have temporary patches. Rotondo asked what would be guaranteed. Cuddy stated typically the pavement restoration is part of the permit, as well as the traffic management plan, rodent control and things like that. When we apply for a permit, we usually supply all that information. We do have a pavement restoration team at National Grid. Paving is handled by a contractor, so if that's failing, we would want to know so we could go back to them because we have paid for them to do this work. As far as the temporary patches, it depends on the time of year. They will wait until construction season to do a final patch. Houseman asked if there is any reason the Council couldn't look to the grant of location from the other National Grid project as a template for the kinds of conditions to put with the approval of this application. Williams stated the Council had so much control and input on that project and so little on this one; they are two completely different processes. The SJC has not said that state statutes preempt local regulation of installation of electrical distribution or transmission lines; that is something that was confirmed with Ray Miyares' law firm. They are just two different things. The Council can have that dialogue about work hours,rodent control, etc. to get more information Williams clarified that the permit Ms. Cuddy was referring to that includes those details or may include conditions is through engineering not this approval from the Council. Order#044-8:25 PM-a request for a transfer of$993,156 from the city's Certified Free Cash balance to be placed into the City's stabilization fund and a second transfer request to transfer $198,631 from the Free Cash balance to be placed into the City's OPEB trust. A total transfer request of$1,191,787. A motion to recess Order#044 to 8:50pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#287-8:00 PM (continued)-National Grid-Petition to install approximately 8,050 feet of 12inch, 60 psig plastic gas main on Hale Street, extending from the existing stub near Cabot Street to the regulator station at Boyle Street(Public hearing continued from December 5, 2022, December 20, 2022, January 3,2023 and January 17, 2023 meetings). Cuddy stated any conditions are usually part of the permitting process through DPW or engineering. Beverly City Coancil Meeting Minutes—March 20,2023 page 3 of]] Houseman stated the City has a pilot program that National Grid electric has found very useful for rodent control that utilizes smart boxes rather than the regular baiting process and asked if National Grid gas would be agreeable to committing to that kind of program for rodent control. Cuddy stated she would defer to the engineering department when applying for the permit. National Grid has a consultant that prepares the rodent control plans, and they can work with the City. Cuddy stated she is not familiar with how they write that up and what the exact specifications are. Sweeney stated it sounds like at times it is more advantageous for the utility to compensate the City for the work of repaving. Sweeney stated he would want to hear from the city engineer if that's something that is negotiated between National Grid and the City through the permitting process or whether that is something the Council would want to discuss with the engineering department and National Grid prior to approval. Cuddy stated she is not familiar with that happening in the past but that it would be through the permitting process. The hearing was opened to members of the public. David Mahood, 191 Lothrop St., suggested seeking accountability from parties responsible for the work. It's incumbent on all of us to reduce reliance on fossil fuels. Houseman stated he is inclined to vote against it and make National Grid go to the DPU, even if it is only symbolic. Houseman encouraged his colleagues to vote to deny and let National Grid go about its way. Sweeney stated he would want to fully understand the impact of any"no"votes. Sweeney asked if this is a new gas main, not replacing a gas main. Cuddy stated yes, it is new,but this is not a growth gas main. It is a reliability main to enhance the existing system and add safety features. Sweeney asked if this would impact service of existing customers who currently rely on it in their homes. Cuddy stated yes,this is to help meet demand on colder days for just existing customers,not new customers. Sweeney stated with that in mind, it sounds like there would be a notable impact to day-to-day life in this area. Sweeney said his concern would be, given the lack of leverage and that it is servicing existing homes,that we would potentially worsen the situation by not approving it. Order#043-8:15 PM/8:40 PM-Relative to a request for a transfer of$250,000 from the city's Certified Free Cash balance to be placed into the City's reserve for unforeseen within FY23 operating budget A motion to recess Order#043 to 9:00pm was made and seconded. A vote was taken, and the motion carried(8-0). Order#287-8:00 PM(continued)-National Grid-Petition to install approximately 8,050 feet of 12inch, 60 psig plastic gas main on Hale Street, extending from the existing stub near Cabot Street to the regulator station at Boyle Street(Public hearing continued from December 5, 2022, December 20, 2022, January 3,2023 and January 17, 2023 meetings). Feldman stated she appreciates both Councilor Sweeney's and Councilor Houseman's Beverly City Council Meeting Minutes—March 20,2023 page 4 of I comments. This is challenging. Feldman stated she is inclined to be on the same side as Councilor Houseman on this. If the Council does vote against this,the project will likely happen when they go to the DPU. Feldman stated she understands what Councilor Sweeney is saying in that constituents rely on this infrastructure and still want natural gas, but it doesn't seem like a vote one way or another will impact the outcome of this project. Williams stated National Grid will certainly have some right of appeal. Williams stated she was not sure whether the City or the City Council or both would be parties to that, which would mean devoting resources to it. Williams stated she is just talking about impacts; the Council has a right to vote how they want. Williams stated she would be curious to hear from National Grid what the next steps would be in the event of a denial. Cuddy stated she does not know what National Grid would do if it isn't approved. Cuddy stated she would have to find out next steps. National Grid has personnel that work with the DPU specifically. Cuddy stated she would see what they say, especially since it is a safety and reliability issue and not a growth project. St. Hilaire stated he does not think the Council has the authority here to do much of anything to achieve any of its objectives. St. Hilaire stated he does not think this is the place to make those sorts of policy decisions. St. Hilaire suggested putting this kind of energy into things the Council can control. Houseman stated it sounds like there is an existing eight-inch line and the twelve-inch line would be next to it.No showing has been made that the current fine is unsafe or that there is demand for additional gas. Houseman stated he has had zero indication of that need from his residents or from National Grid. Houseman stated he sees this as increasing the ability of National Grid to add more hookups. Houseman stated the potential advantage of doing what he suggested by going back to DPU is that DPU now has two different commissioners and maybe a different result would occur. Cuddy stated the eight-inch gas pipe was installed in 2012. Addressing the demand issue, the company has a department that monitors the pressures; they would not throw this in the ground for no reason. They must see the supply needs to be enhanced, and it adds a safety feature by adding that extra line coming out of the regulator station. Order#044-8:25 PM/8:50 PM-a request for a transfer of$993,156 from the city's Certified Free Cash balance to be placed into the City's stabilization fund and a second transfer request to transfer$198,631 from the Free Cash balance to be placed into the City's OPEB trust. A total transfer request of$1,191,787. A motion to recess Order#044 to 8:55pm was made and seconded. A vote was taken, and the motion carried (8-0). Order 9287-8:00 PM (continued)-National Grid-Petition to install approximately 8,050 feet of 12inch, 60 psig plastic gas main on Hale Street, extending from the existing stub near Cabot Street to the regulator station at Boyle Street(Public hearing continued from December 5, 2022, December 20, 2022, January 3,2023 and January 17, 2023 meetings). Houseman and Sweeney asked if it was possible to request National Grid share internal documents that show that need. Williams stated a fair question to ask National Grid would be if they have filed anything with the DPU relating to existing issues with leaks or reliability with the eight-inch line. Beverly City Council Meeting Minutes—March 20,2023 page 5 of II Rotondo asked if anything had been filed with the DPU for this line. Cuddy stated no,National Grid wouldn't need to file anything with the DPU for this. Houseman asked if adding duplicate lines is a National Grid policy. Cuddy stated it depends on demand. This won't have any services; it's just reinforcing the system in Beverly. Order#044-8:25 PM/8:55 PM-a request for a transfer of$993,156 from the city's Certified Free Cash balance to be placed into the City's stabilization fund and a second transfer request to transfer$198,631 from the Free Cash balance to be placed into the City's OPEB trust. A total transfer request of$1,191,787. A motion to recess Order#044 to 9:15pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#287-8:00 PM (continued)-National Grid-Petition to install approximately 8,050 feet of 12inch, 60 psig plastic gas main on Hale Street, extending from the existing stub near Cabot Street to the regulator station at Boyle Street(Public hearing continued from December 5, 2022, December 20, 2022, January 3,2023 and January 17, 2023 meetings). Houseman asked if National Grid would be willing to share internal documents that show the need. Cuddy stated the engineering synopsis was submitted with the original filing which is telling the story and making the recommendation. It goes into detail on page two. St. Hilaire asked if the Council has the authority to dictate what size line or what kind of resiliency National Grid needs. Williams stated the case law seems to say the answer to that question is no. Feldman stated she is stuck on two things in terms of assessing how to vote which are not having hard data that shows the need to enhance this line and not knowing what National Grid would do if the Council were to deny it. Order#043-8:15 PM19:00 PM-Relative to a request for a transfer of$250,000 from the city's Certified Free Cash balance to be placed into the City's reserve for unforeseen within FY23 operating budget A motion to recess Order#043 to 9:05pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#287-8:00 PM(continued)-National Grid-Petition to install approximately 8,050 feet of 12inch, 60 psig plastic gas main on Hale Street, extending from the existing stub near Cabot Street to the regulator station at Boyle Street (Public hearing continued from December 5, 2022, December 20, 2022, January 3,2023 and January 17, 2023 meetings). Sweeney asked what the concern would be if the City Council were to vote no, aside from the fact that it appears that case law is on the side of National Grid in the event that they want to appeal the decision to the DPU. The petition date was November 1 st, and we're already 90 days beyond that. Would there be any other liability the city would be opening itself up to? Williams stated she would need more time to think about that.National Grid would have some sort of right of appeal. Williams stated she did not think there is authority to deny the request based on concerns about expanding reliance on fossil fuels. Beverly City Council Meeting Allinates—March 20,2023 page 6 of 11 Sweeney asked if National Grid would submit any more data or justification if the Council were to delay a decision. Cuddy stated National Grid is pretty transparent on the plan. On page two there are construction notes. Cuddy stated she wasn't sure what else National Grid could provide. Feldman asked what the data was that chose this location. Cuddy stated an engineering review triggered the decisions to have this extra line. Feldman stated she would like those calculations or historical data. The expectation wouldn't be to get that information tonight. Feldman stated she would like if the Council could talk to an engineer directly to have their opinion on how they came to that decision. Williams noted there is a document referenced on page two of the original plan. There may be a report if that's what you're looking for. Williams stated she does not think the Council has the authority to deny the request based on the content of that report, but it would be possible to ask for it. Flowers asked if it would be possible to get that. Cuddy stated she could ask. A motion to recess Order#287 to April 3 at 8:00pm was made and seconded. A vote was taken, and the motion carried (6-2, Crowley and St. Hilaire opposed). Cuddy asked for clarification on what documents were being requested. Flowers stated the engineering report that was referenced or any other internal documentation that shows how this decision was made and that can be shared. Order#043-8:15 PM/9:05 PM-Relative to a request for a transfer of$250,000 from the city's Certified Free Cash balance to be placed into the City's reserve for unforeseen within FY23 operating budget The public hearing was opened. Ayles stated the first part has to do with replenishment for the reserve for unforeseen. St. Hilaire asked why the reserve for unforeseen is being replenished with three months left in the fiscal year. Ayles stated there are costs coming up before the end of the fiscal year. St. Hilaire said then they are not completely unforeseen and asked why replenish versus leave in free cash. Ayles stated the fiscal policies for the city don't allow for direct appropriations from free cash for any recurring expenditures. This would be a way to get the money into the budget to allow for that if it became necessary. Houseman asked Mr. Perry if this was normal procedure and business as usual. Perry stated yes, it is. If you remember, we used$150,000 for the Rowand's property and $100,000 to clean out Briscoe. Those types of expenditures are acceptable for free cash, but at the time we did not have free cash, so the plan was to borrow from the unforeseen and put it back at a later date. We can use this reserve for operations, like a collective bargaining agreement but we shouldn't use free cash for operational costs. It was the intent all along to make this transfer. Perry recommended adoption. Beverly City Council Alleeting Minutes—March 20,2023 page 7 of I I Flowers read a question Councilor Bowen submitted in writing since she could not attend the meeting tonight. Bowen asked about the status of the Briscoe and pickleball projects. Ayles stated Briscoe School is now owned by a private party. As far as pickleball, there has been more discussion about design work and engineering, but Mr. Ayles stated he can only speak about conversations he has been privy to. St. Hilaire asked if the transfer could be made out of the snow and ice budget since it was a mild winter. Ayles stated that would be an option. It has been the plan to do this. 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#044-8:25 PM/9:15 PM-a request for a transfer of$993,156 from the city's Certified Free Cash balance to be placed into the City's stabilization fund and a second transfer request to transfer$198,631 from the Free Cash balance to be placed into the City's OPEB trust. A total transfer request of$1,191,787.The public hearing was opened. The public hearing was opened. Flowers read comments and a question from Councilor Bowen. Even though the City's financial policies say that no less than 10 percent of certified free cash should be transferred every year, the policy also says the target is a fund equal to 10-15% of the operating budget. This year, if less than the full 10% was contributed and more like 5 or 8 %, it would still be well within that target range for the stabilization fund balance. Was a smaller transfer considered? Is there flexibility around the 10% figure in years with higher than usual free cash? Ayles stated when the policy was developed it was very intentional to set those ranges. We did a thorough review of potential exposures that the City has and looked at historical data from past recessions to understand where there are vulnerabilities with the city's finances. Based on that and on historical activity, we developed the ranges that are in the policy. There is some flexibility written within the policy. We understand there may be times when it may not be possible or in the city's best interest to contribute the full 10%value. The time to do it is when it's a healthy economy and revenues are rolling in. It's when the city is more strapped for free cash and has limited resources or the economy is eroding that we would begin to revisit that. That's the flexibility designed into the policy. Ayles stated that given where we are at right now, it's definitely his recommendation to put the full value in. Within the stabilization fund we set a range of 10-15%, and with this transfer when compared to FY2023 budget we would be at 12.1%, so not quite in the middle of that range. As soon as we go to the next budget in three months,that percentage will drop down to 11.5%. It's best to transfer it now and continue the policy. Houseman added that right now the Federal Reserve will in effect slow the economy. There is every reason to think we could be headed for a recession, so it seems prudent to do it now. Perry stated he would recommend this. This allows the City to proceed on some of these capital investments that are coming up. 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. Beverly City Council Meeting Minutes—Nlarch 20,2023 page 8 of I I Communications from His Honor the Mayor Order#070-Reappointment-Mr. William Finch, 50 Front Street to serve on the Beverly Historic District Commission. Referred to Committee on Legal Affairs. Order#071-Transfer-$188,036 from the Reserve for Union Negotiations 11324/57810 into the Police Department as a result of the recently agreed upon superior officer's contract. (set public hearing) Referred to Committee on Finance and Property. Order#072-Amendment to Beverly Ordinance Section 15-18 "Building and Other Facilities Planning and Construction Committee" Referred to Committee on Legal Affairs. A motion for a five minute recess was made and seconded. A vote was taken, and the motion carried(8-0). The meeting was recessed at 9:30pm. The meeting was called back to order at 9:35pm. Communications from other City Officers and Boards Order#073-Councilor Houseman-City Streets,National Grid Gas Installations, and Order 287 Referred to Committee on Finance and Property. Order#074-President Flowers-A letter of recommendation for the salary increase of the City Clerk Referred to Committee on Finance and Property. Communications,Applications and Petitions Order#075-Alexander&Femino-Rezoning of Property at 8 Summit Avenue from RMD to CC A motion to refer to the Planning Board for a joint public hearing was made and seconded. A vote was taken, and the motion carried (8-0). Order#076-KEOLIS Commuter Services-2023 Yearly Operational Plan A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#077-Notice of Availability Immediate response Action status report, 34 Longview Drive, Beverly, MA. (Former Varian Facility Site) A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#078-Department of Public Utilities-Notice of Filing and Request for Comments 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 20,2023 page 9 of I 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 9:37pm. The meeting was called back to order at 10:06pm. Reports of Committees Legal Affairs Order#055-Appointment-Mr. Cory Farinella, 30 Bow Street to serve on the Zoning Board of Appeals A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#059-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 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#061-Appointment-Ms. Dayna Morton to serve as the Beverly Chamber of Commerce's representative on Parking and Traffic Commission A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Public Services Order#054-Appointment-Mr. William K. Kendrick, 2 Webster Avenue to serve on the Beverly Airport Commission A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#056-Appointment-Mr. Kyle Retallack, 346 Elliott Street to serve on the Beverly Airport Commission A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#057-Appointment-Ms. Nancy Schalch, 13 Bertram Street to serve on the Clean Energy Committee A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order 9060-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 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#062-Appointment-Ms. Alyssa Rayman-Read, 163 Lothrop Street to serve on the Human Rights Commission A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Finance and Property Order#043-relative to a request for a transfer of$250,000 from the city's Certified Free Cash balance to be placed into the City's reserve for unforeseen within FY23 operating budget A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Beverly City Cotincil Meeting Nlintttes—March 20,2023 page 10 of]] Order#044-A request for a transfer of$993,156 from the city's Certified Free Cash balance to be placed into the City's stabilization fund and a second transfer request to transfer$198,631 from the Free Cash balance to be placed into the City's OPEB trust. A total transfer request of $1,191,787 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order 9071-Transfer-$188,036 from the Reserve for Union Negotiations 11324/57810 into the Police Department as a result of the recently agreed upon superior officer's contract A motion to set a public hearing for April 3, 7:45pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#074-President Flowers-A letter of recommendation for the salary increase of the City Clerk Flowers had Vice President Rotondo call the vote since she submitted the order. A motion to approve 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 10:15pm. Beverly City Co:arcil Meeting Minutes—Nlarch 20,2023 page 11 of]] Scott D. Houseman—Chair Julie R. Flowers Matthew J. St. Hilaire FINANCE AND PROPERTY/CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, March 20, 2023 7:OOPM Within the Confines of the City Council Meeting 3Cd Floor, Beverly City Hall, 191 Cabot St. Houseman called the meeting to order at 9:30pm Committee Members Present: Julie Flowers, Matthew St. Hilaire, Scott Houseman, Chair Committee Members Absent: None Also Present: City Council Budget/Management Analyst Gerard Perry General discussion regarding Order#044,transferring $993,156 and $198,631 from certified free cash to the stabilization fund and OPEB trust fund respectively. Motion made by St. Hilaire, seconded by Flowers to recommend approval. Vote 3-0 to approve. General discussion to set a public hearing for Order#071,transferring$188,036 from the reserve for union negotiations, (11324/57810) into the Police Department budget for the purpose of a collective bargaining agreement between the administration and superior officer's association. Motion made by Flowers, seconded by St. Hilaire, to set a public hearing for April 3, 2023, at 7:45pm. Vote 3-0 to approve. General discussion regarding Order#043,transferring $250,000 from certified free cash into the reserve for unforeseen account(11324/57820). Motion made by St. Hilaire, seconded by Flowers to recommend approval. Vote 3-0 to approve. General discussion regarding Order#074 relating to the compensation of the City Clerk for FY24.All three Councilors agreed with the financial component of the President Flowers'recommendation. It was the view of the Councilors that the City Clerk was doing a good job and that the salary adjustment was warranted. Mr. Perry explained the pay for performance concept of this proposal, and that this was an opportunity for policy makers to incorporate their policy initiatives into practice. Councilor St. Hilaire agreed from his experience as a Human Resource official, and that this practice has been going on at the State level for years. President Flowers indicated she was hoping the administration would incorporate this concept with their department heads. She had already had a conversation with the Finance Director about this. It was agreed that further discussion with the administration would occur. Motion made by Flowers, seconded by St. Hilaire, to recommend approval. Vote 3-0 to approve. Motion made by St. Hilaire, seconded by Flowers to adjourn. Vote 3-0 to adjourn at 9:50pm. Estelle M. Rand-Chair Todd C. Rotondo Brendan S. Sweeney LEGAL AFFAIRS /CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES Monday, March 20, 2023, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 3,d Floor, Beverly City Hall, 191 Cabot St. Rand called the meeting to order at 9:40pm. Members present: Todd Rotondo,Brendan Sweeney, Estelle Rand Members absent: None Order Date to Description Action Taken Number Committee #282 11/14/2022 Councilor Bowen-A letter regarding Accessory Held Dwelling Units Reappointment-Mr. William Finch, 50 Front Street to #070 3/20/2023 serve on the Beverly Historic District Commission. Held Amendment to Beverly Ordinance Section 15-18 #072 3/20/2023 `Building and Other Facilities Planning and Held Construction Committee" City Solicitor Stephanie Williams stated#072 needs to be in the paper. Typically the Council would not vote on the first night. It does not require a public hearing. Rand stated she is hoping to have a separate meeting to discuss #282 soon. The motion to adjourn was made and seconded. A vote was taken, and the motion passed(3-0). The meeting adjourned at 9:42pm.