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20231120 Regular City Council Meeting Minutes City of Beverly C17`( '.:! __'LY Regular City Council Meeting RECE! ,; ,_ ('0R0ED Public Meeting Minutes CI i`( - ..._ 21 1 ICE Monday, November 20, 2023, 7:OOpm �23 DEC -8 AS City Council Chambers, 191 Cabot St� Julie Flowers, City Council President, called the meeting to order at 7:00pm. City Clerk, Lisa Kent, took attendance by roll call. Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman, Scott Houseman, Brendan Sweeney, Estelle Rand, Todd Rotondo, Matthew St. Hilaire, Julie Flowers Members Absent: None Rotondo led the pledge of allegiance. There was a moment of silence for Russell W. Rollins, Sr., who was a former Ward 2 City Councilor. A motion to take the agenda out of order was made and seconded. A vote was taken, and the motion carried (9-0). Comments by Citizens Carol Rein and Maggie Passanisi read a land acknowledgement. A motion for a brief recess was made and seconded. The meeting recessed at 7:09pm. The meeting was called back to order at 7:15pm. Public Hearings 7:15 PM-Order#267-National Grid-Petition 30810584 West Dane St to install underground electric conduits The public hearing was opened. Michael Kazadi from National Grid was available for questions. Crowley asked if this is an upgrade or replacement. Kazadi stated it is for new service. Bowen asked if this is underground work. Kazadi stated it is underground and on the sidewalk. No members of the public wished to speak on the item. The public hearing was closed and the item was referred back to Committee on Public Services. Acceptance of Minutes of Previous Meeting Legal Affairs Committee Meeting October 16, 2023 A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Communications from His Honor the Mayor Order#269-A donation of$196,907.17 from Sharon Lee Delaney Living Trust to benefit the Beverly Council on Aging Referred to Committee on Finance and Property. Order#270-A grant for $50,000 from the Massachusetts Executive Office of Economic Development Housing Choice program to support updating Beverly's Sign Ordinance Referred to Committee on Finance and Property. Public Hearings (Continued) 7:20 PM-Order#268-National Grid-Petition 30804998-Hale Street The public hearing was opened. Kazadi stated this job has been redesigned and no longer needs a pole installed. The item was withdrawn by National Grid. Presentations,Awards and Memorials David Alden-St.Pierre gave the Open Space &Recreation Committee Annual Report. Public Hearings (Continued) 7:30 PM-Order#184A-Planning Board-City Council Order#184-2023-Recommendation from planning board relative to proposed Zoning ordinance amendments regarding accessory dwelling units, definitions regarding transient lodging, bed and breakfasts, and other minor clarifications Order#184-A Proposed Amendments to The Beverly Zoning Ordinance: Accessory Dwelling Unit Ordinance; Definitions Regarding Transient Lodging, Bed and Breakfasts; and Other Minor Clarifications The public hearing was opened. Director of Planning and Development Darlene Wynne reviewed some of the proposed changes made since the last discussion. Arthur Thompson, 7 Scenna Rd., representing the North Shore Association of Realtors Government Affairs Committee, spoke in support of the proposed changes. Greg Nowak, 63 Livingstone Ave., asked about the changes to the parking requirement. Wynne stated an ADU is still required to have designated parking space,but the tandem prohibition has been removed. Paul Drake, 8 Bartlett St., expressed his support. The public hearing was closed and the item was referred back to Committee on Legal Affairs. Communications from His Honor the Mayor (Continued) Order #271-A grant for $750,000 from MassWorks to support the design of a roundabout at Brimbal and Dunham Road Referred to Committee on Finance and Property. Beverly City Council Meeting Minutes—November 20,2023 page 2 of 8 Order#272-A $152,726 FY24 State Formula Grant from the Executive Office of Elder Affairs to support the operations at the Council on Aging Referred to Committee on Finance and Property. Order #273-An appointment for Julia Work to serve on the Beverly Waste Reduction Committee Referred to Committee on Public Services. Order#274-A reappointment for Mark Casey and Kevin Hobin to serve on the Parks and Recreation Commission Referred to Committee on Public Services. Order#275-A reappointment for Ellen Hutchinson and Wayne Miller to serve on the Planning Board Referred to Committee on Legal Affairs. Order#276-Acceptance of Local Option; Massachusetts General Law, Chapter 64J, Section 13; Collection of Excise on sales of Jet Fuel Referred to Committee on Finance and Property. Order#277-Proposed Amendments to Chapter 270, Sections 41, 42, 43 and 45; Relative to parking in the area of Lothrop Street Referred to Committee on Legal Affairs. Order#291-Proposed Amendment to Section 15-11 (A) of City Ordinances Relative To Airport Commissioner Members Referred to Committee on Legal Affairs. Communications from other City Officers and Boards Order#278-Francis Golden, Chief Assessor- A letter requesting a public hearing on December 4, 2023, relative to the allocation of Fiscal Year 2024 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions Referred to Committee on Finance and Property to set the public hearing. Order 9279-Councilor Houseman-A letter to Mayor Cahill Referred to Committee on Finance and Property. Order#280-Community Preservation Committee Out of Cycle funding Recommendation request for additional CPA funding for Anchor Point Phase II-106 Sohier Road-Harborlight Community Partners (set public hearing) Referred to Committee on Legal Affairs. Order#281-Councilors Bowen and Rotondo-A proposed ordinance amendment creating a Bicycle and Pedestrian Advisory Committee Referred to Committee on Legal Affairs. Order#282-City Clerk-2024 Renewal Application for a Lodging House License for Grigor Qirjazi, 32 Broadway Beverly City Council Meeting Minutes—November 20,2023 page 3 of 8 Referred to Committee on Legal Affairs. Order#283-City Clerk-2024 Renewal Application for a Lodging House License for North Shore Veterans Counseling Services, Inc., 45 Broadway Referred to Committee on Legal Affairs. Order#284-City Clerk-2024 Renewal Application for a Lodging House License for Turner Properties/Cabot Lodge located at 91-93 Cabot Street Referred to Committee on Legal Affairs. Order#285-City Clerk-2024 Renewal Application for a Lodging House License for 68 Dane Street LLC/Grey Croft Inn, 68 Dane Street Referred to Committee on Legal Affairs. Order#286-City Clerk-2024 Renewal Application for a Lodging House License for Girdler House, 78 Lothrop Street Referred to Committee on Legal Affairs. Order#287-City Clerk-2024 Renewal Application for a Lodging House License for 276 Rantoul Street LLC, 276-278 Rantoul Street Referred to Committee on Legal Affairs. Order 9288-City Clerk-2024 Renewal Application for a Lodging House License for Kosmos Residences Realty Trust/Garden City Residences, 490 Rantoul Street Referred to Committee on Legal Affairs. Order#289-Councilor Bowen-Public comment, Massachusetts Contingency Plan Phase IV Remedy Implementation Plan, Parts 2 and 3, MassDEP Site#3-0485 Referred to Committee on Public Services. Communications,Application and Petitions Order#290-National Grid-A petition for gas main line location in Kernwood Heights Referred to Committee on Public Services to set a public hearing. A motion to break for committee work was made and seconded. A vote was taken, and the motion carried (9-0). The meeting recessed at 7:55pm. The meeting was called back to order at 8:15pm. Public Hearings (Continued) 8:15 PM-Order#253-Transfer-A budgetary transfer of$100,000 from the reserve for unforeseen account which will allow the city to perform surveying,wetland delineation and conceptual design work in Obear Park The public hearing was opened. Rotondo asked about the timeframe for the study. Director of Sustainability Erina Keefe stated the consultants that are being brought on for this phase of the project have seen the terms and conditions and are prepared to start. The expectation Beverly City Council Meeting Minutes—November 20,2023 page 4 of 8 is that the design and local permitting will be completed by the end of the fiscal year, then the federal permitting process will be started, which can take a little bit longer. There was some discussion of things from the 2021 study that could be implemented anytime such as no-mow areas or fencing. Sweeney asked if there is an idea of the total cost of erosion mitigation measures. Keefe stated that won't be known until the design is complete. The most recent grant application which was denied included more such as the federal permitting, and that total project cost was about $275,000. Another round of grants will be applied for in the spring and summer. There is grant funding available to support projects like this. Keefe stated she anticipates asking for at least $175,000 in grant funding for the next phase of this process. Construction costs won't really be known yet. Houseman expressed concerns about utilizing the reserve for unforeseen. City Council Budget Analyst Gerry Perry recommended supporting the proposal. Finance Director Bryant Ayles stated the goal of the reserve for unforeseen is to get the city through until free cash is certified and available, which will be soon. St. Hilaire asked if this project is in the capital expenditure plan. Perry stated it was not in the capital expenditure plan,however now that this office is up and running, they will begin incorporating their projects into capital expenditure. Bowen asked for confirmation that the money in the public property account with $80,000 for green initiatives is all spent, committed or not available and that there aren't funds already in designated budget lines anywhere else that could address this need. Keefe stated that has been spent or reserved for other grant matches and projects. Rand asked generally if resiliency plans make it to the capital expenditure plan. Keefe stated there has been some transition of who is managing projects and now the sustainability office will work on getting items into the capital plan. Sweeney asked why the grant was denied. Keefe stated there was good feedback from the state on the application. The City got funding for Lynch Park through the same program. The feedback was that it was a strong application but when all criteria was put together it was below the funding mark. Sweeney stated it would be good to determine if there would be a contingency plan in the budget for funding, with the goal being that the first funding source is grants. The hearing was paused for the 8:40pm hearing. 8:40 PM-Order#264-A budget transfer request of$60,500 from the reserve for unforeseen account into the Clerk's Election account to allow the purchase of the requested voting machines The public hearing was opened. A motion to recess the public hearing to 8:50pm was made and seconded. A vote was taken, and the motion carried (9-0). 8:15 PM-Order#253-Transfer-A budgetary transfer of$100,000 from the reserve for Beverly City Council Meeting Minutes—November 20,2023 page 5 of 8 unforeseen account which will allow the city to perform surveying, wetland delineation and conceptual design work in Obear Park No members of the public wished to speak on the item. The public hearing was closed and the item was referred back to Committee on Finance and Property. A motion for a brief recess was made and seconded. The meeting recessed at 8:43pm. The meeting was called back to order at 8:50pm. Public Hearings (Continued) 8:40 PM/8:50 PM-Order#264 (Continued)-A budget transfer request of$60,500 from the reserve for unforeseen account into the Clerk's Election account to allow the purchase of the requested voting machines Ayles and Perry spoke to the amount of the transfer for tabulator machines. No members of the public wished to speak on the item. The public hearing was closed and the item was referred back to Committee on Finance and Property. A motion to break for committee work was made and seconded. A vote was taken, and the motion carried (9-0). The meeting recessed at 8:55pm. The meeting was called back to order at 9:22pm. Reports of Committees Public Services Order#267-National Grid-Petition 30810584 West Dane St to install underground electric conduits A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#289-Councilor Bowen-Public comment, Massachusetts Contingency Plan Phase IV Remedy Implementation Plan, Parts 2 and 3, MassDEP Site#3-0485 A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Finance and Property Order 9326-2022-Councilor Bowen-Regarding Beverly Regional Airport A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (9-0). Order#104-The 2023 Capital Expenditure Plan pursuant to the City Charter A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order#165-Councilor Houseman-Update and petitions regarding the Central Cemetery A motion to receive and place on file was made and seconded. A vote was taken, and the motion Beverly City Co:mcil ibleetirag Minutes—November 20,2023 page 6 of 8 carried (9-0). Order#269-A donation of$196,907.17 from Sharon Lee Delaney Living Trust to benefit the Beverly Council on Aging A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#278-Francis Golden, Chief Assessor- A letter requesting a public hearing on December 4, 2023, relative to the allocation of Fiscal Year 2024 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions A motion to set the public hearing for December 4 at 7:35pm was made and seconded. A vote was taken, and the motion carried (9-0). Order#253-Transfer-A budgetary transfer of$100,000 from the reserve for unforeseen account which will allow the city to perform surveying, wetland delineation and conceptual design work in Obear Park A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#264-A budget transfer request of$60,500 from the reserve for unforeseen account into the Clerk's Election account to allow the purchase of the requested voting machines A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#270-A grant for $50,000 from the Massachusetts Executive Office of Economic Development Housing Choice program to support updating Beverly's Sign Ordinance A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#271-A grant for $750,000 from MassWorks to support the design of a roundabout at Brimbal and Dunham Road A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#272-A$152,726 FY24 State Formula Grant from the Executive Office of Elder Affairs to support the operations at the Council on Aging A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#276-Acceptance of Local Option; Massachusetts General Law, Chapter 64J, Section 13; Collection of Excise on sales of Jet Fuel A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Legal Affairs Order#259-Appointment-Design Review Board-Rachel Matthews, Ellen Flannery as Planning Board Representative and Michael Barone, Jr. Zoning Board of Appeals Representative A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#184-A Proposed Amendments to the Beverly Zoning Ordinance: Accessory Dwelling Unit Ordinance; Definitions Regarding Transient Lodging, Bed and Breakfasts; and Other Minor Clarifications A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order#184A-Planning Board-City Council Order#184-2023-Recommendation from planning Beverly City Council Meeting Minutes—November 20,2023 page 7 of 8 board relative to proposed Zoning ordinance amendments regarding accessory dwelling units, definitions regarding transient lodging, bed and breakfasts, and other minor clarifications. A motion to approve for the first vote with an amendment as recommended by Committee on Legal Affairs was made and seconded. A vote was taken, and the motion carried (9-0). Order#280-Community Preservation Committee Out of Cycle funding Recommendation request for additional CPA funding for Anchor Point Phase II-106 Sohier Road-Harborlight Community Partners A motion to set the public hearing for December 4 at 7:45pm was made and seconded. A vote was taken, and the motion carried (9-0). Order#283-City Clerk-2024 Renewal Application for a Lodging House License for North Shore Veterans Counseling Services, Inc., 45 Broadway A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#285-City Clerk-2024 Renewal Application for a Lodging House License for 68 Dane Street LLC/Grey Croft Inn, 68 Dane Street A motion to approve with the condition that the electrical inspection has been filed was made and seconded. A vote was taken, and the motion carried(9-0). Unfinished Business from a Previous Meeting Order#282-2022-A letter regarding Accessory Dwelling units A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (9-0). A motion to adjourn was made and seconded. A vote was taken, and the motion carried (9-0). The meeting adjourned at 9:38pm. Beverly City Council Meeting Minutes—November 20,2023 page 8 of 8 Scott D. Houseman-Chair Julie R. Flowers Matthew J. St. Hilaire Finance and Property/City Council Committee of the Whole Minutes Monday,November 20,2023,7:OOPM Within the Confines of the City Council Meeting City Council Chambers,Yd Floor,Beverly City Hall, 191 Cabot St. Houseman called the meeting to order. Members present: Julie Flowers, Matthew St. Hilaire, Scott Houseman Members absent:None Order Date to Number Committee Description Action Taken #326-2022 4/18/2023 Councilor Bowen-Regarding Beverly Regional Airport Receive and place on file(3-0) #104 4/18/2023 2023 Capital Expenditure Plan pursuant to the City Charter Receive and place on file {3-0} #165 6/5/2023 Councilor Houseman-Update and petitions regarding the Receive and place Central Cemetery on file (3-0) A$1,000,000 earmark from the United States Department of #210 8/21/2023 Housing and Urban Development to support the main Library Hold HVAC system replacement and weatherization A$100,000 earmark from the Massachusetts Marketing Partnership within the Executive Office of Labor and #211 8/21/2023 Workforce Development to support HVAC improvements and Hold weatherization for the Beverly Public Library A$200,000 earmark from the Massachusetts Marketing Partnership within the Executive Office of Labor and #212 8/21/2023 Workforce Development to support HVAC improvements and Hold weatherization for the Beverly Public Library Councilor Bowen-Letter to discuss the current status and future #258 10/16/2023 direction of major building projects in the city Hold Transfer-A budgetary transfer of$100,000 from the reserve for unforeseen account which will allow the city to perform #253 11/20/2023 surveying, wetland delineation and conceptual design work in Approve {3-0} Obear Park A budget transfer request of$60,500 from the reserve for #264 11/20/2023 unforeseen account into the Clerk's Election account to allow Approve (3-0) the purchase of the requested voting machines A donation of$196,907.17 from Sharon Lee Delaney Living #269 11/20/2023 Trust to benefit the Beverly Council on Aging Approve (3-0) A grant for$50,000 from the Massachusetts Executive Office #270 11/20/2023 of Economic Development Housing Choice program to support Approve (3-0) updating Beverly's Sign Ordinance A grant for$750,000 from MassWorks to support the design of 4271 11/20/2023 a roundabout at Brimbal and Dunham Road Approve {3-0) A$152,726 FY24 State Formula Grant from the Executive #272 11/20/2023 Office of Elder Affairs to support the operations at the Council Approve(3-0) on Aging Acceptance of Local Option, Massachusetts General Law, 9276 11/20/2023 Chapter 64J, Section 13; Collection of Excise on sales of Jet Approve (3-0) Fuel Francis Golden, Chief Assessor-A letter requesting a public hearing on December 4,2023,relative to the allocation of Set public hearing #278 11/20/2023 Fiscal Year 2024 tax levy percentages among the four classes of for December 4 at real and personal property and consideration of the adoption of 7;35pm open space, residential and small business exemptions #279 11/20/2023 Councilor Houseman-A letter to Mayor Cahill Hold The meeting adjourned. Beverly City Council Committee on Finance and Property Meeting Minutes—November 20,2023 page 2 of 2 Estelle M. Rand-Chair Todd C.Rotondo Brendan S. Sweeney Legal Affairs/City Council Committee of the Whole Meeting Minutes Monday,November 20, 2023, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers,Yd Floor,Beverly City Hall, 191 Cabot St. Rand called the meeting to order at 7:57pm. Members present: Todd Rotondo,Brendan Sweeney,Estelle Rand Order Date to Description Action Taken Number Committee President Flowers-A letter regarding Section 8-5 #239 9/18/2023 of our City Charter{Review of Ordinances} Hold City Solicitor-Regarding Order#239-2023 #239A 10/16/2023 Review of City Ordinances, City Solicitor Fold Proposed Amendments #183 10/2/2023 A request for temporary"Resident Only Parking" Hold Appointment-Design Review Board-Rachel Matthews,Ellen Flannery as Planning Board #259 10/30/2023 Representative and Michael Barone, Jr. Zoning Approved (3-0} Board of Appeals Representative A Proposed Amendments to The Beverly Zoning Ordinance: Accessory Dwelling Unit Ordinance, Received and placed on #184 11/20/2023 Definitions Regarding Transient Lodging, Bed file(3-0) and Breakfasts; and Other Minor Clarifications Planning Board-City Council Order#184-2023- Approved(3-0) Recommendation from planning board relative to as amended specific to #184A 11/20/2023 proposed Zoning ordinance amendments section 300-55(C)(6)(a) regarding accessory dwelling units, definitions replacing"total habitable regarding transient lodging,bed and breakfasts, space"with"in gross and other minor clarifications floor area" Community Preservation Committee Out of Cycle funding Recommendation request for additional Set public hearing for #280 11/20/2023 CPA funding for Anchor Point Phase II-106 12/4 7:45pm(3-0) Sohier Road-Harborlight Community Partners City Clerk-2024 A renewal application for a #282 11/20/2023 Lodging house License for Grigor Qirjazi, 32 .Hold Broadway City Clerk-2024 A renewal application for a #283 11/20/2023 Lodging House License for North Shore Veterans Approved(3-0) Counseling Services, Inc., 45 Broadway City Clerk-2024 A renewal application for a Lodging House License for Turner #284 1112012023 Properties/Cabot Lodge located at 91-93 Cabot Hold Street City Clerk-2024 A renewal application for a Approved on condition #285 11/20/2023 Lodging House License for 68 Dane Street that electrical report has LLC1Grey Croft Inn, 68 Dane Street been filed(3-0) City Clerk-2024 A renewal application for a #286 11/20/2023 Lodging House License for Girdler House, 78 Hold Lothrop Street City Clerk-2024 A renewal application for a #287 11/20/2023 Lodging House License for 276 Rantoul Street Hold LLC,276-278 Rantoul Street City Clerk-2024 A renewal application for a Lodging House License for Kosmos Residences #288 1112012023 Realty Trust/Garden City Residences, 490 Hold Rantoul Street Proposed Amendment to Section 15-11 (A) of #291 11/20/2023 City Ordinances Relative To Airport Hold Commissioner Members Councilors Bowen and Rotondo-A proposed #281 11/20/2023 ordinance amendment creating a Bicycle and Hold Pedestrian Advisory Committee Proposed Amendments to Chapter 270, Sections #277 11/20/2023 41,42, 43 and 45; Relative to parking in the area Hold of Lothrop Street A reappointment for Ellen Hutchinson and Wayne 4275 11I2012023 Miller to serve on the Planning Board Hold There was discussion on the waiting inspections for lodging houses. The meeting adjourned for the 8:15pm City Council public hearing. The meeting was called back to order at 8:56pm. The motion to adjourn was made and seconded. A vote was taken, and the motion passed unanimously. The meeting adjourned at 9:06pm. Beverly City Council Committee on Legal Affairs Meeting Minutes—November 20,2023 page 2 of 2 Kathleen M. Feldman-Chair Hannah L.Bowen Steven M. Crowley Public Services 1 City Council Committee of the Whole Minutes Monday,November 20,2023, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers,Yd Floor,Beverly City Hall, 191 Cabot St. Feldman called the meeting to order at 7:59pm. Members present: Hannah Bowen, Steven Crowley, Kathleen Feldman Order Date to Description Action Taken Number Committee National Grid-Petition 30810584 West Dane St to #267 1112012023 install underground electric conduits Approved{3-0} #268 11/20/2023 National Grid-Petition 30804998-Hale Street Approved{3-0} Councilor Bowen-Public comment, Massachusetts #289 11/20/2023 Contingency Plan Phase IV Remedy Implementation Approved (3-0) Plan, Parts 2 and 3,MassDBP Site#3-0485 National Grid-A petition for gas main line location in #290 11/20/2023 Kernwood Heights Hold A motion to adjourn was made and seconded. A vote was taken, and the motion passed. The meeting adjourned at 8:11pm.