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20230918 Regular City Council Meeting Minutes City of Beverly RECEIV' I +�Oft(;ED Regular City Council Meeting C1T Ci. Public Meeting Minutes 1014 ,1h[� -y p 4: U Monday, September 18, 2023, 7:00pm 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 Sweeney led the pledge of allegiance. Presentations, Awards and Memorials N-192 Citizens Replacement Project Citizens Advisory Committee Tiffany Collins, 35 Broadway, spoke of her experience as a direct abutter to the work. Collins highlighted that there has been a lot of noise, the inconvenience of having the road closed, plus issues with trash and rats. On a positive note, there have been very accommodating construction teams on the street. David Mahood, 191 East Lothrop St., stated he has no problem with upgrading energy transmission and the power grids, however, we do not need to maintain the stronghold that fossil fuels have on sources of energy. We need to quickly transition away from fossil fuels. Karen Fogarty, 169 Lothrop St., stated she was one of the initial opponents of this project when it first started. Fogarty spoke of challenges in the Goat Hill neighborhood and how much longer it is taking. Fogarty stated National Grid should come speak to the Council about how they are going to stick to the original timeline and what resources are being added. Fogarty stated the committee also is not getting information from National Grid to be able to understand the scope of the problems National Grid is encountering with city infrastructure. It would be helpful to hear from the public works department about the scope of the effect on city infrastructure. Public Hearings Order#228-7:15pm-National Grid-Petition#30827452-Valley Street to install electric conduits A motion to recess the public hearing to 7:25pm was made and seconded. A vote was taken, and the motion carried (9-0). Presentations,Awards and Memorials (Continued) N-192 Citizens Replacement Project Citizens Advisory Committee (Continued) Tim Averill, 165 Lothrop St., stated he does not have a great deal to add. This has been a long process. Averill stated that a good relationship has been developed by talking to National Grid every two weeks. The committee is not getting all the answers it needs. Averill asked for continued support of the Council. Rand thanked the neighbors who have been showing up to the meetings. The working relationship with the National Grid team is effective. We have made headway on some bigger topics. Rand encouraged City Councilors to read the report [Order#240]. Houseman stated that any neighbors or residents are welcome to cycle into the meetings as the project moves through the city. Public Hearings (Continued) Order#228-7:15pm/7:25pm-National Grid-Petition#30827452-Valley Street to install electric conduits The public hearing was opened. Michael Kazadi from National Grid was available for questions. 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. Comments by Citizens Jennifer Plowden, 18 Lowell Street, spoke as a concerned citizen interested in making the city the safest it can be for biking and walking, especially for kids. Earlier this year Massachusetts passed the Massachusetts Vulnerable Road Users Laws, which gives us something to build future policies on including definitions, safe passing and safer speed limits. Public Hearings (Continued) Order#226-7:30pm-Transfer-$1,000,000 from the Road Resurfacing(fund 056) account into the road and sidewalk capital account(fund 581)to pay for resurfacing when required Ayles stated this is the first of three payments pertaining to the National Grid 115kv project. The mechanics to allow the city to spend those funds requires Council approval. The funds are taken in through the roads resurfacing fund and then this transfer will allow the money to then be spent. The intent of the money will be to follow the project through its path and do the road resurfacing that will be required as a result of the utility work. Perry recommended adoption. This is an administrative function. This way it can carry over from one fiscal year to the next. St. Hilaire asked about the amount of the other two payments and when they would be received. Ayles stated there were two components to the agreement. The first of which has already been dealt with and had to do with reimbursement for police details as well as engineering work to have an independent review of some of the National Grid engineering work. The actual road resurfacing funds in the agreement are $3.25 million paid over three installments. St. Hilaire asked if any additional funds would be needed. Ayles stated those funds should allow the city to close up the streets as well as probably address a degree of other infrastructure needs in the immediate area of the work, such as some other streets along the route and enhancements to sidewalks and ADA accessibility. Mayor Michael Cahill stated the whole of the route will get repaved curb to curb. There is some significant sidewalk work that will go along with this. We have a list of streets that are adjacent to the route that we are hoping to get done as well. For example,the route includes part of Webber, but we want to get all of Webber repaved. The goal is for that money to be able to do all of that. If it falls short, those other sections of road are still high priorities in this section of time. Beverly City Council Meeting Allinutes—September 18,2023 page 2 of 8 Rand expressed her support for putting these funds in place. On Webber,the portion of the sidewalk that was affected by the construction was just reconstructed. Rand asked how that fits into this payment. Commissioner of Public Services &Engineering Michael Collins spoke broadly to the issue of timing. The goal is to minimize the impact of the project on the residents along the route. For example, along Webber and Wellman,that work should be wrapped up soon, then we plan to ask neighbors if they would like to have the sidewalks done right away or if they would like a bit of a break from construction and want the city to come back in the spring. There was a section where the electric line brought construction very close to the homes on Webber and the sidewalk and curbing had to be removed. It did not make sense to have the neighbors have to live with a temporary situation for a very long time, so we went and did that one short stretch of sidewalk and got it done for them. We would like to be able to close up behind them as the project progresses rather than extending the construction for another 18 months. Bowen asked,just to get expectations clear, what people can expect to happen during and after National Grid's phase of the work. Bowen asked if we are still looking at curb to curb paving after the full project is done. Bowen asked what is a reasonable time to check in about how far that million dollars has stretched in order to know if it is not going as far as expected or is going further than expected. Collins stated some of that will depend on the price of liquid asphalt over the next 18 months to two years. The prices of our paving have remained relatively stable. We are going to get the whole route done; if we run short,National Grid has already committed to giving more money if we cannot get the route done. It is a guarantee that we will get the whole route done. What else can be done beyond that remains to be seen. Collins stated he does not expect to know definitively for the next 18 months how far the funding will go. Bowen asked if it is easy enough to track some check in point, say when half of this million has been spent. Collins stated the status can be checked any day. We track and know what the commitments are. Bowen asked about the balances for those two accounts as of right now before this transfer. Ayles stated, keeping in mind the road resurface account takes in fees, in total, there would be $200,000 left at this time. For FY24 funding of roads and sidewalks, the City Council appropriated$2.7 million before June 30th. The chapter 90 funding is $1,046,000, and the city has an earmark of$200,000 for work on Elliott Street, so combined it is just under$4 million. St. Hilaire asked if there would be money left aside and what could be done with that. Perry stated to his understanding there will be no money left aside and deferred to the commissioner. St. Hilaire asked if the roads have to be side roads along the route. National Grid has done work all over the city that has impacted roads. Collins stated the intent of the agreement with the city and National Grid is that this funding is for roads impacted by the construction project, so roads immediately adjacent to or roads where traffic detoured, and people impacted by the route. This is a very specific funding source for this particular project. Houseman asked who picks up the cost if National Grid damages city utilities during construction. Beverly City Council Nfeeting Minutes—September 18,2023 page 3 of 8 Collins stated National Grid does. That is separate from this and is part of their project cost. It's construction; things are going to break. We actively participate in the repairs. Collins stated he cares about getting it repaired as quickly as possible for customers and is not there to place blame on who broke it or why it broke. We just want to get it fixed as soon as possible. If the city uses parts,National Grid replaces them. We want it done as quickly as possible, and we participate in the repair. The public hearing was closed. The order was referred back to Committee on Finance and Property. A motion to take the agenda out of order was made and seconded. A vote was taken, and the motion carried(9-0). Communications from His Honor the Mayor Order#230-A letter sharing the news that Michael P. Collins, Commissioner of Public Services and Engineering has been awarded the 2023 Professional Manager of the Year in Public Works Emergency Management by the American Public Works Associations Cahill stated the presentation would take about ten minutes and that he would like to do it a little later in the meeting when there was enough time. A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (9-0). Order#231-Appointment-Laura Meisenhelter to serve as an alternate on the Zoning Board of Appeals Referred to Committee on Legal Affairs. Order#232-Reappointments-Raymond Bouchard and Bruce MacDonald to serve on the Permanent Building Commission Referred to Committee on Public Services. Order#233-Appointment-Jared Contrada,Associate Planner to serve as the Planning Department representative on the Design Review Board Referred to Committee on Legal Affairs. Order#234-Reappointment-Kevin Hobin and Joan Fairbank to serve as Trustees of the David Lynch Public Parks Fund Referred to Committee on Public Services. Order#235-Reappointment-Douglas Vigliotta to serve as Constable in the City of Beverly Referred to Committee on Legal Affairs. Public Hearings (Continued) Order#184-8:00pm-Proposed Amendments to the Beverly Zoning Ordinance: Accessory Dwelling Unit Ordinance; Definitions Regarding Transient Lodging, Bed and Breakfasts; and Other Minor Clarifications. (Continued from the Joint public hearing held on September 5, 2023) A motion to recess the public hearing to 8:15pm was made and seconded. A vote was taken, and the motion carried (9-0). Beverly City Council Meeting Minutes—September 18,2023 page 4 of 8 Communications from His Honor the Mayor (Continued) Order#230-A letter sharing the news that Michael P. Collins, Commissioner of Public Services and Engineering has been awarded the 2023 Professional Manager of the Year in Public Works Emergency Management by the American Public Works Associations Cahill read the proclamation. A motion for a brief recess was made and seconded. The meeting recessed at 8:05pm. The meeting was called back to order at 8:14pm. Public Hearings (Continued) Order#184-8:00pm/8:15pm-Proposed Amendments to The Beverly Zoning Ordinance: Accessory Dwelling Unit Ordinance; Definitions Regarding Transient Lodging, Bed and Breakfasts; and Other Minor Clarifications. (Continued from the Joint public hearing held on September 5, 2023) Diantha Phothisan, 99 Corning St., spoke in support of the ordinance. Kevin Barry, 12 West Beach Lane, asked a handful of questions including if there are minimum lot size requirements, how the city would enforce keeping these units from becoming Airbnb lodging, how the city would determine appropriate and compatible architectural style with the principal building on the property, if existing non-conforming lots are eligible for ADUs, how many units are anticipated if the proposed changes go through, and what impact new units will have on rents in the area. Barry also commented that a 35-foot height maximum seems irrational and that having the sole front setback requirement only behind the front edge of the primary structure is essentially allowing the unit to be in the front yard as viewed from the street. Rand stated she would be open to amending the tandem parking section of what is currently being proposed. Houseman suggested that Mr. Barry's comments be received in writing and a response be made before moving forward. St. Hilaire asked about the Airbnb piece. Wynne stated transient lodging (short-term rental) is not currently allowed in the City of Beverly. We have enforced that when we have been made aware of them. It will be clearer going forward because we are adding a definition going forward. Dole stated enforcement is done by the zoning enforcement officer which is the director of municipal inspections. There was some discussion of nonconforming lots, Airbnbs, and information available on the website. The public hearing was closed and the item was referred back to Committee on Legal Affairs. A motion for a brief recess was made and seconded. The meeting recessed at 8:50pm. The meeting was called back to order at 8:55pm. A motion to take the agenda out of order was made and seconded. A vote was taken, and the motion carried (9-0). Beverly City Council Meeting Minutes—September 18,2023 page 5 of 8 Communications, from other City Officers and Boards Order#236-City Clerk-Approval for city employees to work as a tally clerk for the 2023 elections A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#237-Community Preservation Committee-Fiscal Year 2024 Proposed CPA Budget(set public hearing) Referred to Committee on Legal Affairs. Order#238-City Clerk-A License renewal application for John DiVincenzo to sell Christmas Trees Referred to Committee on Legal Affairs. Order#239-President Flowers-A letter regarding Section 8-5 of our City Charter(Review of Ordinances) Referred to Committee on Legal Affairs. Order#240-Councilors Houseman and Rand-A letter on behalf of the Citizens Advisory Committee for the National Grid Regional Transmission Reliability Project A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Communications,Applications and Petitions Order#241-National Grid-Petition 30756481-Elliot Street to install 1 SO stub pole and stub guy on the Northwest corner of the Intersection between County Way and Elliott Street(set public hearing) Referred to Committee on Public Services. Order#242-National Grid-Petition 30756481-County Way to install a new pole and anchor on the intersection of Northern Ave and County Way (set public hearing) Referred to Committee on Public Services. Motions and Orders Order#182-Councilor Feldman-A proposed ordinance amendment to Section 215-18 "Deliveries" (Final Passage) The motion to approve was made and seconded. Bowen stated she appreciated the work that has gone into the ordinance and does not plan to support the final passage. Bowen said she wanted language specific to noise, but that would not be feasible as an amendment to the language as is. A vote was taken, and the motion carried (7-2, Bowen and Houseman opposed). Order#196-Councilor Rotondo and Councilor Crowley-A request to amend the Downtown Beverly Parking District Ordinance, Section 270-66(B) (1) and Section 270-66 (B) (2) (b)to waive all parking fees for on street parking lot kiosks for our city veterans (Final Passage) Beverly City Council Meeting Nfinutes—September 18,2023 page 6 of 8 The motion to approve the final passage was made and seconded. A vote was taken, and the motion carried (9-0). Order#197-Councilor Rotondo-A proposed amendment to the City Ordinance Chapter 270-41 "Prohibited Parking at All Times" on both Greene Street to Livingstone Ave. (Final Passage) The motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). 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 9:05pm. The meeting was called back to order at 9:24pm. Presentations,Awards and Memorials (Continued) City Solicitor's Office-Update on the status of House Bill No. 3747, the City's Home Rule Petition regarding Amendments to the 1995 City of Beverly Home Rule Charter Assistant City Solicitor Beth Oldmixon stated the Council approved March 6, 2023. March 9th Mayor Cahill presented the home rule petition to Senator Lovely and Representative Parisella. It was assigned bill number H.3747 and referred to Joint Committee on Municipalities and Regional Government. There was a hearing on June 20th. On July 17th the bill was reported favorably and referred to Committee on House Steering, Policy and Scheduling. It was placed on orders for the day on July 31st. On September 6,there was a formatting amendment. On September 12,the mayor provided a letter of support. The amendment was assigned a new bill number of H.4093. The house passed it on September 14, then the papers were filed with the senate on September 18. Once passed by the senate, it will then be presented to the governor for signing. St. Hilaire expressed concerns that voters are unaware that this might be on the ballot and asked if there is a communication plan. Cahill stated there have been discussions on how that information will be disseminated beyond what is done at the clerk's office. Rand asked about the possibility of getting assistance from the Collins Center if needed. Oldmixon said that could be looked into. Reports of Committees Legal Affairs Order#227-Reappointment-John LeLacheur to serve as Beverly's Police Chief Bowen stated the questions she has around the particular timing of this contract extension still remain unanswered. Bowen said she has not heard a particular reason for moving the timeline up, so at this point, not out of any specific concerns, but out of respect for timelines and the process and the role that both the administration and the Council play in accountability for city roles, she has not gotten to a point of comfort with approving this early in the process an extension of this length. Bowen stated she does not understand the timeline and does not feel like it is necessary at this point. Beverly City Council Meeting Minutes—September 18,2023 page 7 of 8 The motion to approve was made and seconded. A vote was taken, and the motion carried (8-1, Bowen opposed). Order#237-Community Preservation Committee-Fiscal Year 2024 Proposed CPA Budget The motion to set the public hearing for October 2 at 7:30pm was made and seconded. A vote was taken, and the motion carried (9-0). Order#238-City Clerk-A License renewal application for John DiVincenzo to sell Christmas Trees The motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Finance and Property Order#226-Transfer-$1,000,000 from the Road Resurfacing (fund 056) account into the road and sidewalk capital account(fund 581)to pay for resurfacing when required The motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Public Services Order#224-Appointment-William Kossowan, 7 Fairview Street, Danvers to serve as the Town of Danvers' representative on the Beverly Airport Commission The motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#225-Appointment-Kevin Gannon, 15 Everett Street to serve on the Veterans Advisory Committee The motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#228-National Grid-Petition#30827452-Valley Street to install electric conduits The motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#241-National Grid-Petition 30756481-Elliot Street to install 1 SO stub pole and stub guy on the Northwest corner of the Intersection between County Way and Elliott Street The motion to set the public hearing for October 2 at 7:15pm was made and seconded. A vote was taken, and the motion carried(9-0). Order#242-National Grid-Petition 3075648 1-County Way to install a new pole and anchor on the intersection of Northern Ave and County Way The motion to set the public hearing for October 2 at 7:20pm was made and seconded. A vote was taken, and the motion carried(9-0). Flowers noted that BevCam has changed to channel 6 on cable. A motion to adjourn was made and seconded. A vote was taken, and the motion carried(9-0). The meeting adjourned at 9:51pm. Beverly City Council Ableeting Minutes—September 18,2023 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, September 18, 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 at 9:06pm. Members present: Julie Flowers, Matthew St. Hilaire, Scott Houseman Order Date to Description Action Taken Number Committee #326- 4/18/2023 Councilor Bowen-Regarding Beverly Regional Airport Held 2022 #104 4/18/2023 2023 Capital Expenditure Plan pursuant to the City Charter Held #165 6/5/2023 Councilor Houseman-Update and petitions regarding the Central Held Cemetery A$1,000,000 earmark from the United States Department of #210 8/21/2023 Housing and Urban Development to support the main Library Held HVAC system replacement and weatherization A $100,000 earmark from the Massachusetts Marketing Partnership #211 8/21/2023 within the Executive Office of Labor and Workforce Development Held to support HVAC improvements and weatherization for the Beverly Public Library A$200,000 earmark from the Massachusetts Marketing Partnership #212 8/21/2023 within the Executive Office of Labor and Workforce Development Held to support HVAC improvements and weatherization for the Beverly Public Library Transfer-$1,000,000 from the Road Resurfacing (fund 056) #226 09/18/2023 account into the road and sidewalk capital account (fund 581)to Approved(3-0) pay for resurfacing when required The motion to adjourn Committee on Finance and Property was made and seconded. A vote was taken, and the motion passed. The meeting adjourned at 9:1 Opm. Estelle M. Rand-Chair Todd C. Rotondo Brendan S. Sweeney Legal Affairs/City Council Committee of the Whole Meeting Minutes Monday, September 18, 2023, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 3rd Floor,Beverly City Hall, 191 Cabot St. Rand called the meeting to order at 9:06pm. Members present: Todd Rotondo, Brendan Sweeney, Estelle Rand Order Date to Description Action Taken Number Committee #231 9/18/2023 Appointment-Laura Meisenhelter to serve as an Held alternate on the Zoning Board of Appeals Appointment-Jared Contrada, Associate Planner to #233 9/18/2023 serve as the Planning Department representative on Held the Design Review Board #235 9/18/2023 Reappointment-Douglas Vigliotta to serve as Held Constable in the City of Beverly Set public #237 9/18/2023 Community Preservation Committee-Fiscal Year 2024 hearing for Proposed CPA Budget 10/2/23 at 7:30pm (3-0) City Clerk-A License renewal application for John #238 9/18/2023 DiVincenzo to sell Christmas Trees Approved (3-0) President Flowers-A letter regarding Section 8-5 of #239 9/18/2023 our City Charter (Review of Ordinances) Held The motion to adjourn was made and seconded. A vote was taken, and the motion passed unanimously. The meeting adjourned at 9:16pm. Kathleen M. Feldman-Chair Hannah L. Bowen Steven M. Crowley Public Services/City Council Committee of the Whole Minutes Monday, September 18, 2023, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers,3rd Floor, Beverly City Hall, 191 Cabot St. The meeting was called to order at 9:07pm. Members present: Hannah Bowen, Steven Crowley, Kathleen Feldman Order Date to Description Action Taken Number Committee Appointment-William Kossowan, 7 Fairview Street, #224 9/5/2023 Danvers to serve as the Town of Danvers' representative Approved(3-0) on the Beverly Airport Commission #225 9/5/2023 Appointment-Kevin Gannon, 15 Everett Street to serve Approved (3-0) on the Veterans Advisory Committee National Grid-Petition#30827452-Valley Street to install #228 9/18/2023 electric conduits Approved (3-0) Reappointment-Kevin Hobin and Joan Fairbank to serve #234 9/18/2023 as Trustees of the David Lynch Public Parks Fund Held National Grid-Petition 3 075648 1-Elliot Street to install 1 Set public hearing #241 9/18/2023 SO stub pole and stub guy on the Northwest corner of the for 10/2/2023 at Intersection between County Way and Elliott Street 7:15pm(3-0) National Grid-Petition 3 075648 1-County Way to install Set public hearing #242 9/18/2023 a new pole and anchor on the intersection of Northern for 10/2/2023 at Ave and County Way 7:20pm (3-0) It was noted that Order#242 is missing a map. A motion to adjourn was made and seconded. A vote was taken, and the motion passed. The meeting adjourned at 9:22pm.