20240318 City Council Legal Affairs Committee Meeting Minutes CITY OF BEVERLY
Scott D. Houseman-Chair RECEIVED AND RECORDED
Todd C. Rotondo CITY CLERK'S OFFICE
Kathleen M. Feldman 7m 'cite{ _ i p 3, 43
Legal Affairs /City Council Committee of the Whole Meeting Minutes
Monday, March 18,2024, 6:00 PM
City Council Committee Room, 3"d Floor, Beverly City Hall, 191 Cabot St.
The meeting was called to order at 6:02pm.
Members present: Todd Rotondo, Kathleen Feldman, Scott Houseman
Other Councilors present: Danielle Spang, Matthew St. Hilaire (until 6:25pm)
Also present: City Solicitor Stephanie Williams, Assistant City Solicitor Jesse Dole, Director of Planning &
Development Darlene Wynne, Economic Development Planner Erin Schaeffer
Order Date to Number Committee Description Action Taken
Councilor Houseman-A letter regarding the Subcommittee on
#034 1/16/2024 Legal Affairs initiatives in the new term Hold
City Clerk-A Livery License renewal application for BAT
#064 2/20/2024 Enterprises, LLC located at 19 Beckford Street Hold
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
Reappointments-Wendy Pearl, 21 Morningside Drive and Mr.
#081 3/11/2024 John (Jay) Leahy, 12 Canter Brook Lane, Hamilton to serve on Recommend
the Beverly Historic District Commission as well as a request to Approval (3-0)
approve a residency waiver for Mr. Leahy
Reappointment-Jonathan Cassidy, 12 Michael Road to serve as Recommend
#085 3/11/2024 constable of the City of Beverly for the express purpose of Approval (3-0)
serving Civil Process
#087 3/11/2024 Councilor Spang-A Proposed Amendment to Ordinance 270-49, Recommend
Handicapped parking on Broadway Approval (3-0)
Discussion on #067
Wynne stated this is to streamline the process,maybe lower the barriers a bit and make sure the businesses
provide liability insurance.
Williams stated this had been temporarily waived during the pandemic.
Schaeffer said this comes from wanting to help businesses comply, looking for accessibility compliance, and
managing risk. This is a more robust process.
Beverly City Council Committee on Legal Affairs Meeting Minutes—March 18,2024 page 1 of 2
Rotondo agreed that oversight was lacking and that the process should be streamlined. Each time the Council
gives away certain oversights, we are giving up power to the mayor. It is hard to gauge certain things with the
pandemic happening.
Wynne clarified that the sandwich board sign requirement had been waived during the pandemic but not the
permission required to place items on city sidewalks.
Williams stated there are three pieces to this. The first is the consumption of alcohol on public ways or
sidewalks, second is the sandwich board ordinance, and third is the placement of tables and chairs on sidewalks.
The goal is creating more efficiencies and less bureaucracies.
Rotondo asked if the Council had seen the actual application or license that would be used in this process.
Williams stated the idea is to delegate that authority to the planning department,then they will make the
application.
St. Hilaire agreed this has been a problem and agreed with Councilor Rotondo's concerns about ceding
responsibility to the administration. St. Hilaire stated he would like to make it an easier process.
Houseman stated he is less concerned around the notion of ceding authority on this and more interested in
streamlining it for businesses. Houseman said he sometimes wonders why the Council is involved at a minutia
level.
St. Hilaire and Spang left the meeting.
Houseman asked to walk through what the process was pre-Covid and what is being proposed.
Williams stated that outdoor dining was very ad hoc and the sandwich board signs process was pretty clear. The
outdoor dining program was a pilot program. When Covid came along,provisions around outdoor dining were
put into place and now have sunsetted. With the Council meeting twice a month and trying not to meet in July
or August, it may be tough for those applying for outdoor dining to get before the Council.
Houseman said he would like to wait one more cycle to take a closer look at this.
Williams stated the redline shows what was in effect during Covid for sidewalk signs. Outdoor dining was not
codified pre-Covid.
Schaeffer stated there are several businesses who are looking for outdoor dining for this season and who would
like information as quickly as possible. The old process has been suspended administratively while waiting for
an outcome on this.
Dole stated that in the absence of these amendments, any restaurant would have to request to suspend the
prohibition of alcohol on a public sidewalk and ask for permission to set up chairs and tables on a sidewalk, and
then would not require any overview from the health department, inspections or any other departments listed in
the proposed amendment.
The meeting adjourned at 6:45pm.
Beverly City Council Committee on Legal Affairs Meeting Minutes—March 18,2024 page 2 of 2