20240311 City Council Meeting Minutes C I `( _ ,
RcCE:iV! E Q
City of Beverly C I l'r'
Regular City Council Meeting 1014 MAR I lI A 10: Z y
Public Meeting Minutes
Monday, March 11, 2024, 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, Todd
Rotondo, Danielle Spang, Matthew St. Hilaire, Brendan Sweeney (arrived at 7:22pm), Julie
Flowers
Members Absent: None
Bowen led the pledge of allegiance.
Moment of Silence
A moment of silence was held for John Dunn who had served as the CFO/Treasurer and for
Robert Munroe, a former Assistant City Solicitor.
Comments by Citizens
Justin Freedman, 8 Thomas Rd., spoke about progress on the initiative to construct sidewalks on
Cross Lane and Boyle Street.
Paul Hansen-Mitev, 25 Vine St., read the poem"I Grant You Refuge"written by Hiba Abu
Nada. Hansen-Mitev also read from the last Sunday sermon of Rev. Martin Luther King, Jr. and
noted that Beverly has acknowledged that racism is a public health issue.
Communications from His Honor the Mayor
Order 4-075-A transfer of$30,000 from a previously authorized'capital project fund to be
placed into a new fund for the purchase of a harbormaster vehicle (set a public hearing)
Referred to Committee on Finance and Property.
Order#076-Grant-A $1,300 grant from the Commonwealth of Massachusetts MED-Project
Drug Stewardship Program to be used for costs surrounding the management and disposal of
unwanted household generated opioids in the medical collection receptacle in the Beverly Police
Station lobby
Referred to Committee on Finance and Property.
Order#077-Earmark-A $200,000 earmark from the Massachusetts Marketing Partnership within
the Executive Office of Labor and Workforce Development to be used for HVAC improvements
and weatherization for the Beverly Public Library
Referred to Committee on Finance and Property.
Order#078-Earmark-A $100,000 earmark from the Massachusetts Marketing Partnership within
the Executive Office of Labor and Workforce Development to be used for HVAC improvements
and weatherization for the Beverly Public Library
Referred to Committee on Finance and Property.
Order#079-Earmark-A $1,000,000 earmark from the United States Department of Housing and
Urban Development to support the main library HVAC system replacement and weatherization
Referred to Committee on Finance and Property.
Order#080-Appointments-Krystal Demaine PH.D., 4 Larcom Avenue, Eric S. Roberts, 32 Dane
Street Apt 1L, Becky Blizard 33 Central Street and Lindsay Mae Barth 675C Hale Street to serve
on the Beverly Cultural Council
Referred to Committee on Public Services.
Order#081-Reappointments-Wendy Pearl, 21 Morningside Drive and Mr. John(Jay) Leahy 12
Canter Brook Lane, Hamilton to serve on the Beverly Historic District Commission. A request to
also approve a residency waiver for Mr. Leahy.
Referred to Committee on Legal Affairs.
Order#082-Appointment-Scott Freeman, 3 Oceanside Drive and Lauren DiMarco, 32 Pierce
Avenue to serve on the Beverly Harbor Management Authority
Referred to Committee on Public Services.
Order#083-Appointments-For City of Beverly Representatives-Lisa Chandler, City Engineer,
Michael P. Collins, Commissioner, Public Services and Engineering, James Butler, Building
Commissioner, Municipal Inspections, David Spidaliere, Conservation Agent, Kenneth Clawson,
Assistant Planning Director and Bruce Doig, Director of Parks, Recreation and Community
Services. Citizen Representative,Natalie Pommersheim, 50 Boyles Street to serve on the
Stormwater Management Advisory Committee
Referred to Committee on Public Services.
Order#084-Appointment-Ms. Diantha Phothisan, 90 Corning Street#2 to serve on the
Economic and Community Development Council
Referred to Committee on Public Services.
Sweeney arrived at 7:22pm.
Order#085-Reappointment-Jonathan Cassidy, 12 Michael Road to serve as constable of the
City of Beverly for the express purpose of serving Civil Process
Referred to Committee on Legal Affairs.
Communications from other City Officers and Boards
Order#086-Barbara Wells,Retirement Administrator-Notice of a meeting for the annual
consideration and vote for the COLA for retirement members and survivors of the Beverly
Retirement System
A motion to receive and place on file was made and seconded. A vote was taken, and the motion
carried(9-0).
Order#087-Councilor Spang-A Proposed Amendment to Ordinance 270-49, Handicapped
parking on Broadway
Referred to Committee on Legal Affairs.
Beverly City Council Meeting Minutes—March 11,2024 page 2 of 7
Communications,Application and Petitions
Order#088-Notice of Availability-Former Varian Facility Site, 150 Sohier Road-Public
Comment Draft Temporary Solution Statement and Phase IV Status Report
A motion to receive and place on file was made and seconded. A vote was taken, and the motion
carried (9-0).
Order#089-Steve Barth, Town Manager-A letter to confirm the intent of Danvers to waive
payment of the In Lieu-of-Tax fee for fiscal year 2024 in conjunction with the operation of the
Beverly Municipal Airport
A motion to receive and place on file was made and seconded. A vote was taken, and the motion
carried(9-0).
Order#090-Department of Public Utilities-Notice of filing public hearing and request for
comment
A motion to receive and place on file was made and seconded. A vote was taken, and the motion
carried (9-0).
Unfinished Business from a Previous Meeting
Order#046-Order Proposing Amendments to City Ordinances, Chapters 1,7,
15,26,33,58,69,105,113,124,136,155,192,210,215,227,232,249,253,274,282 striking or
amending provisions to: modernize and clarify language; remove obsolete language; correct
typos; recognize use of technology; ensure gender neutrality; achieve consistency with city
charter provisions and state law or policy; and address constitutionality concerns
Flowers stated this item will remain as unfinished business in order to schedule a time for the
City Solicitor's Office to talk more fully with the City Council.
A motion for a brief recess was made and seconded. A vote was taken, and the motion carried(9-
0). The meeting recessed at 7:28pm. The meeting was called back to order at 7:30pm.
Public Hearings
Order#047-7:30 PM-National Grid-Petition#30294623-to install electric conduits on Rantoul
and Lenox Street and a new 2 Way manhole 935 on Lenox St.
The public hearing was opened.
Sibhita Mahabier from National Grid was available to speak on the petition and stated this is to
facilitate the upgrading of the feeder at that location.
There was a brief discussion of traffic management around the work.
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.
Order#048-7:40 PM-National Grid-Petition#30665817-to install 1 SO pole on Lothrop Street
This order was withdrawn by National Grid.
Order#049-7:45 PM-National Grid-Petition#30867397-to install electric conduits on Cabot
Street
This order was withdrawn by National Grid.
Beverly City Council Nfeeting Nfintttes—Nfarch 11,2024 page 3 of 7
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 7:37pm. The meeting was called back to order at
7:50pm.
Order#050-7:50 PM-National Grid-Petition-#29361213-to install 1 JO Pole on Balch Street
The public hearing was opened.
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.
Order#051-7:55 PM-National Grid-Petition-#30294624-to install 1 JO pole on Lenox Street
The public hearing was opened.
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.
A motion for a brief recess was made and seconded. A vote was taken, and the motion carried (9-
0). The meeting recessed at 7:56pm. The meeting was called back to order at 8:00pm.
Order#072-8:00 PM-A request for a transfer for$500,000 from the Police Station Construction
Capital Project Fund into the Fire Department Capital Fund to pay for repair costs associated
with the City's back up ladder truck
The public hearing was opened.
Finance Director Bryant Ayles stated that in the past few months the finance department has
undertaken a bit of housekeeping work and looked at fund balances, so over the next few months
the Council will see a few of these transfers to fund capital projects. The mechanism itself is
similar to a transfer from free cash, only it is a transfer from existing balances in previously
approved and appropriated project funds. In this case, it is coming from what is left over from
the police station construction project, from a contingency fund within the project that was
underspent. Mr. Perry issued a memo in this regard, and we have been working together to
identify a series of these funds that would become available to support other additional capital
projects in the city.
Fire Chief Peter O'Connor stated this truck failed an inspection, which was surprising since it is
one of the newer trucks, and has been out of service. In talking to other chiefs, it sounds like
there is a series of years where the steel was not quite what it could have been, so departments
are seeing defects in trucks from those years. Unfortunately the warranty is for damage, not
corrosion. We are expecting to get another 12 years out of this truck with the new framing.
Flowers opened the floor to members of the public.
Paul Hansen-Mitev, 25 Vine St., asked, through Council President Flowers, how both of these
individuals [fire chief and finance director] make determinations on everything from
amortization to when it would be appropriate for a fire truck to be donated to a foreign country.
Hansen-Mitev stated he forgot to mention one thing in regard to this concern about the
possibility of donation of fire equipment. At this time it is possible that this City Council is being
viewed by an employee of The New York Times. Hansen-Mitev stated he has reached out in
correspondence to the New England editor of the Times and asked if any member from Council
is contacted that they go on the record regarding donations of fire equipment or any other matters
that might have been discussed this evening. Hansen-Mitev stated out of fairness he wanted to
Beverly City Council Meeting Minutes—March 11,2024 page 4 of 7
make sure that Council was aware that is occurring at this time and stated he looks forward to the
answer regarding the charitable efforts of Beverly regarding concerns with other parts of the
world and making sure there is appropriate fire suppression.
Flowers reflected the question back and asked Chief O'Connor and Mr. Ayles what the process
is for declaring a vehicle or piece of city property as surplus and then determining how or when
things can be donated or made useful in the next part of their life.
Ayles stated he meets fairly regularly with the chief and other members of the administration
around the capital expenditure plan and larger investments the city undertakes. We know the
inventory that is required by the department and the useful life expectancy of the equipment. The
model is structured to best meet that need then layer it into a long-term capital expenditure plan,
which looks out ten years. It is subject to change. We have known for a few months about this
becoming an issue and had not initially intended to program this $500,000 into capital spending,
but it seems the most appropriate use of the funds given the potential cost of a$1.5 million
replacement vehicle.
O'Connor stated the trucks are built to a NFPA [National Fire Protection Association] standard,
and the further you get out from that standard, as the truck gets to be 20-25 years old and the
standards are updated, it no longer meets the current standard,then it becomes too expensive to
bring the entire vehicle up to the modern code. These vehicles should last 20-25 years, and this
vehicle is well short of that. In the case of Engine 6, it was an older truck that was no longer
serviceable to the city, did not meet the requirements anymore, and would have taken a lot of
money to build it back up. We had the opportunity to send it overseas at no cost to us as a
donation. It would not make the same sense to do that with this truck. With Engine 6,there was
already a plan in place for its replacement. With this truck,there is no plan in place to replace it
for another 12-15 years. In this particular case, it is more beneficial to make the investment to get
this vehicle repaired.
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 8:26pm. The meeting was called back to order at
8:42pm.
Reports of Committees
Finance and Property
Order#072-A request for a transfer for$500,000 from the Police Station Construction Capital
Project Fund into the Fire Department Capital Fund to pay for repair costs associated with the
City's back up ladder truck
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#-075-A transfer of$30,000 from a previously authorized capital project fund to be
placed into a new fund for the purchase of a harbormaster vehicle
A motion to set the public hearing for April 1 at 7:30pm was made and seconded. A vote was
taken, and the motion carried(9-0).
Order#076-Grant-A$1,300 grant from the Commonwealth of Massachusetts MED-Project
Drug Stewardship Program to be used for costs surrounding the management and disposal of
Beverly City Council Meeting Minutes—March 11,2024 page 5 of 7
unwanted household generated opioids in the medical collection receptacle in the Beverly Police
Station lobby
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Legal Affairs
Order#044-Appointment-Christian Rivera 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(9-0).
Order#059-Appointments-Jonathan Salt, Jennifer Plowden and Jared Porter to serve on the
Bicycle and Pedestrian Advisory Committee
A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0).
Order#062-Reappointments-Dayna Morton and Darlene Wynne to serve on the Parking and
Traffic Commission
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#065-City Clerk-A new Livery License application for Alba Boston Limo, LLC located at
283 Cabot Street
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#070-Glovsky Counselors at Law-Anchor Point Project 106-108 Sohier Road-A request
for a Quitclaim Deed conveying a parcel of land at the intersection of Sohier and Tozer Roads
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Public Services
Order#047-7:30 PM-National Grid-Petition#30294623-to install electric conduits on Rantoul
and Lenox Street and a new 2 Way manhole 935 on Lenox St.
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#050-7:50 PM-National Grid-Petition-#29361213-to install 1 JO Pole on Balch Street
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#051-7:55 PM-National Grid-Petition-#30294624-to install 1 JO pole on Lenox Street
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#060-Reappointments-Charles Rehal, Susan Moran, Paul Lantz and Cory Paulette to
serve on the Veterans Advisory Council
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#061-Reappointment-Robert Pierce to serve on the Registrars of Voters as the
representative of the City Democratic Committee
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#071-Reappointment- John Swain, 60 Rantoul St. and Appointment Ben Hacker, 23
Judson St. to Waste Reduction Committee
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#074-Councilor Bowen and President Flowers-A Letter to the Council Regarding Local
Impacts of the Crisis in Gaza and Israel
Beverly City Cottncil Meeting ALlimttes—March 11,2024 page 6 of 7
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 8:52pm.
Beverly City Council Meeting Minutes—March]],2024 page 7 of 7
Matthew J. St. Hilaire-Chair
Julie R. Flowers
Brendan S. Sweeney
Finance and Property/ City Council Committee of the Whole Meeting Minutes
Monday, March 11, 2024, 7:OOPM
Within the Confines of the City Council Meeting
City Council Committee Room, 3"d Floor,Beverly City Hall, 191 Cabot St.
The meeting was called to order at 7:39pm.
Members present: Julie Flowers, Brendan Sweeney, Matthew St. Hilaire
Order Date to Description Action Taken
Number Committee
A request for a transfer for$500,000 from the Police
#072 3/11/2024 Station Construction Capital Project Fund into the Fire Recommend the
Department Capital Fund to pay for repair costs associated Council approve (3-0)
with the City's back up ladder truck
A transfer of$30,000 from a previously authorized capital Recommend the
#075 3/11/2024 project fund to be placed into a new fund for the purchase Council set a public
of a harbormaster vehicle (Set a public hearing) hearing for April 1 at
7:30 m
Grant-A $1,300 grant from the Commonwealth of
Massachusetts MED-Project Drug Stewardship Program to
#076 3/11/2024 be used for costs surrounding the management and disposal Recommend the
of unwanted household generated opioids in the medical Council approve (3-0)
collection receptacle in the Beverly Police Station lobby
Earmark-A $200,000 earmark from the Massachusetts
Marketing Partnership within the Executive Office of
#077 3/11/2024 Labor and Workforce Development to be used for HVAC Hold
improvements and weatherization for the Beverly Public
Library
Earmark-A$100,000 earmark from the Massachusetts
Marketing Partnership within the Executive Office of
#078 3/11/2024 Labor and Workforce Development to be used for HVAC Hold
improvements and weatherization for the Beverly Public
Library
Earmark-A$1,000,000 earmark from the United States
Department of Housing and Urban Development to support
#079 3/11/2024 the main library HVAC system replacement and Hold
weatherization
The meeting was adjourned at 7:41pm.
The committee meeting was called back to order at 8:28pm. Order#072 came back to committee after the
public hearing. The motion to approve was made and seconded. A vote was taken, and the motion was approved
(3-0).
The meeting adjourned at 8:29pm.
Scott D. Houseman-Chair
Todd C. Rotondo
Kathleen M. Feldman
Legal Affairs/City Council Committee of the Whole Meeting Minutes
Monday, March 11,2024, 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 7:39pm.
Members present: Todd Rotondo, Kathleen Feldman, Scott Houseman
Also present: City Solicitor Stephanie Williams and Assistant City Solicitor Jesse Dole
Order Date to Description Action Taken
Number Committee
Recommend the
#032 1/16/2024 Councilors Rotondo and Sweeney-A letter regarding the 2023 Council receive
Committee on Legal Affairs ordinance review process and place on file
3-0
Councilor Houseman-A letter regarding the Subcommittee on
#034 1/16/2024 Legal Affairs initiatives in the new term Hold
Appointment-Christian Rivera to serve as constable in the City Recommend the
#044 2/5/2024 of Beverly Council approve
3-0
Appointments-Jonathan Salt, Jennifer Plowden and Jared Porter Recommend the
#059 2/20/2024 to serve on the Bicycle and Pedestrian Advisory Committee Council approve
3-0
Reappointments-Dayna Morton and Darlene Wynne to serve on Recommend the
#062 2/20/2024 the Parking and Traffic Commission Council approve
3-0
City Clerk-A Livery License renewal application for BAT
#064 2/20/2024 Enterprises, LLC located at 19 Beckford Street Held
City Clerk-A new Livery License application for Alba Boston Recommend the
#065 2/20/2024 Limo, LLC located at 283 Cabot Street Council approve
3-0
Planning Director, Darlene Wynne-Proposed Amendments to
the City of Beverly Ordinances Section 113-2 Possession or
consumption on public ways, in public places or on private
#067 2/20/2024 property; Section 192-61 Sandwich board signs; Section 253-24 Hold
Signs, awnings and displays; Section 253-35 Public meetings in
streets; temporary stands for selling goods
Planning Director, Darlene Wynne-A proposed Interlocal
#068 2/20/2024 Agreement for on-demand rideshare service between the City of Hold
Salem, Town of Danvers, and the City of Beverly
Glovsky Counselors at Law-Anchor Point Project 106-108 Recommend the
#070 2/20/2024 Sohier Road-A request for a Quitclaim Deed conveying a parcel Council approve
of land at the intersection of Sohier and Tozer Roads (3-0)
Reappointments-Wendy Pearl, 21 Morningside Drive and Mr.
#081 3/11/2024 John(Jay) Leahy, 12 Canter Brook Lane, Hamilton to serve on Hold
the Beverly Historic District Commission as well as a request to
approve a residency waiver for Mr. Leahy
Reappointment-Jonathan Cassidy, 12 Michael Road to serve as
#085 3/11/2024 constable of the City of Beverly for the express purpose of Hold
serving Civil Process
Councilor Spang-A Proposed Amendment to Ordinance 270-49,
#087 3/11/2024 Handicapped parking on Broadway Hold
The appointees for Order#059 were present and discussed their objectives and work to advocate for pedestrian
and bicycle safety and for improvements that are consistent with best practices. There was also some discussion
on collaborative efforts between the Bicycle and Pedestrian Advisory Committee and the Parking and Traffic
Commission.
Councilors Spang and Bowen joined the meeting at 7:45pm.
Houseman stated that Darlene Wynne will come in and make a presentation to the full Council on Order#068
then this order will be taken up.
Williams noted per the agreement the rideshare is supposed to be up and running by April 1 st.
The meeting recessed at 7:49pm for the 7:50pm City Council public hearing.
At 8:29pm the committee meeting was called back to order.
Order#070
Andrew Leonard,project manager with Harborlight, stated this is a request for the city to accept conveyance of
a small piece of land at the Anchor Point property. Back when the site was zoned, one of the pieces was for the
city to work with Haborlight to make some improvements at the intersection of Sohier and Tozer Roads. Since
then,the intersection has been updated and part of that agreement was for a piece of land there to be conveyed
from Anchor Point LLC to the city, so this is tidying up some work that was done previously.
Orders #044, #062, and#065 were approved without discussion.
Order#064
Rotondo stated he is waiting for confirmation that the RMV paperwork be updated with the current address.
The meeting adjourned at 8:37pm.
Beverly City Council Camnittee on Legal Affairs Ableeting Minutes—Nlarch 11,2024 page 2 of 2
Hannah L. Bowen-Chair
Steven M. Crowley
Danielle M. Spang
Public Services/ City Council Committee of the Whole Meeting Minutes
Monday, March 11, 2024, 7:OOPM
Within the Confines of the City Council Meeting
City Council Chambers, 311 Floor, Beverly City Hall, 191 Cabot St.
The meeting was called to order at 7:3 8pm.
Members present: Steven Crowley, Danielle Spang, Hannah Bowen
Order Date to Description Action Taken
Number Committee
National Grid-Petition#30294623-to install electric conduits Recommend
#047 3/11/2024 on Rantoul and Lenox Streets and a new 2 Way manhole 935 the Council
on Lenox Street approve (3-0)
National Grid-Petition-#29361213-to install 1 JO Pole on Recommend
#050 3/11/2024 Balch Street the Council
approve (3-0)
National Grid-Petition-#30294624-to install 1 JO pole on Recommend
#051 3/11/2024 Lenox Street the Council
approve (3-0)
Appointments-Krystal Demaine PH.D., 4 Larcom Avenue,
#080 3/11/2024 Eric S. Roberts, 32 Dane Street Apt 1L, Becky Blizard 33 Hold
Central Street and Lindsay Mae Barth 675C Hale Street to
serve on the Beverly Cultural Council
Appointment-Scott Freeman, 3 Oceanside Drive and Lauren
#082 3/11/2024 DiMarco, 32 Pierce Avenue to serve on the Beverly Harbor Hold
Management Authority
Appointments-For City of Beverly Representatives-Lisa
Chandler, City Engineer, Michael P. Collins, Commissioner,
Public Services and Engineering, James Butler, Building
Commissioner, Municipal Inspections, David Spidaliere,
#083 3/11/2024 Conservation Agent,Kenneth Clawson, Assistant Planning Hold
Director and Bruce Doig, Director of Parks, Recreation and
Community Services. Citizen Representative,Natalie
Pommersheim, 50 Boyles Street to serve on the Stormwater
Management Advisory Committee
Appointment-Ms. Diantha Phothisan, 90 Corning Street#2 to
#084 3/11/2024 serve on the Economic and Community Development Council Hold
Order#047 was approved after the public hearing.
The meeting adjourned at 7:44pm.
The committee meeting was called back to order at 8:29pm.
Votes were taken after the public hearings to approve Orders#050 and#051.
The meeting adjourned at 8:31pm.