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20240416 City Council Meeting Minutes CITY OF BEVERLY City of Beverly RECEIVED AND RECORIDEQ Regular City Council Meeting CITY CLERKS OFFIC` Public Meeting Minutes 20 RAY - I P 3, 4b Tuesday,April 16, 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, Julie Flowers Members Absent: Brendan Sweeney St. Hilaire led the pledge of allegiance. Presentations, Awards and Memorials Beverly Bootstraps Executive Director Sue Gabriel gave a presentation on some of the services and resources that are provided by Beverly Bootstraps. Comments by Citizens Bob Mason, 30 Folly Pond Road, spoke in response to what is going on in Gaza. Public Hearings Order#104-7:30 PM-National Grid-A petition WO#9000022943 to install approximately 40 feet of new 12" gas main at 46 River Street The public hearing was opened. Kent read the order. Diana Cuddy from National Grid was available for questions from the Council. There was some discussion about the specifics of the location and traffic management. No members of the public wished to speak on the item. The public hearing was closed, and the item was referred to Committee on Public Services. Comments by Citizens Theresa Mason, 30 Folly Pond Road, spoke in support of a resolution regarding the situation in Gaza. Acceptance of Minutes of Previous Meeting Regular City Council Meeting-February 5, 2024 Legal Affairs Committee Meeting-February 12, 2024 Public Services Committee Meeting-February 12, 2024 Regular City Council Meeting-February 20, 2024 Legal Affairs Committee Meeting-March 25, 2024 A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Communications from His Honor the Mayor Order 4117-Donation-$10,000 from One Stop Harm Reduction Program via the North Shore Health Project to be used by the Beverly Police Department's Community Impact Unit to address substance abuse reduction Referred to Committee on Finance and Property. Order#118-Donation-An automated external defibrillator to the Beverly Fire Department from Beverly resident David Allen Referred to Committee on Finance and Property. Order#119-A transfer request of$750,000 to fund installation of stands and lighting for the high school turf field Referred to Committee on Finance and Property. Order#120-A fund balance transfer request of$1,100,000 from the Water Enterprise Fund to cover project costs associated with the water main work planned for Hale Street Referred to Committee on Finance and Property. Order#121-A proposed amendment to Chapter 270 of the City Ordinances relative to parking regulations on L.P. Henderson Road,near Birch Plains Park Referred to Committee on Legal Affairs. Communications from other City Officers and Boards Order#122-Dr. Charochak, Superintendent of Schools-Request to enter lease/purchase transaction with Apple for student laptops for the 1 to 1 Laptop Initiative at Beverly High School Referred to Committee on Finance and Property. Order#123-Chief LeLacheur-A donation of$10,734.57 in office supplies to help with IT needs to the Beverly Police Department from Guaranty Home Mortgage Referred to Committee on Finance and Property. Order#124-Finance Director, Bryant Ayles-Request for approval to use FY2024 appropriated funds toward the payment of two prior year invoices totaling$8,125 Referred to Committee on Finance and Property. Order#125-City Clerk-Renewal application for an Ice Cream Truck Vending permit for Anwar Katabeh Referred to Committee on Legal Affairs. Order#126-City Clerk-Renewal application for an Ice Cream Truck Vending permit for Steven Wright Referred to Committee on Legal Affairs. Order#127-City Clerk-Renewal application for a Pawnbrokers license for Nyan Group, d/b/a Cash Point Referred to Committee on Legal Affairs. Order#128-City Clerk-Second Hand Junk Dealer license renewals for 2024 Referred to Committee on Legal Affairs. Beverly City Council Meeting Minutes April 16,2024 page 2 of 6 Order#129-City Clerk-Petroleum Storage Registrations renewals for 2024 Referred to Committee on Legal Affairs. Order#130-Councilor Rotondo-A request to make an amendment to Ordinance Section 270-66 Downtown Beverly Parking District Referred to Committee on Legal Affairs. Order#131-President Flowers-Reappointment for Lisa Kent to serve as City Clerk and Clerk of Council A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#132-President Flowers-A recommendation salary increase for the City Clerk for FY2025 Referred to Committee on Finance and Property. Communications,Application and Petitions Order#133-Department of Environmental Protection-Draft Waterways License-Endicott College shoreline stabilization Project Phase II A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#134-Department of Environmental Protection-Waterways application Waterways License Chapter 91 Waterways License-163 and 167 West Street A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(8-0). Order#135-National Grid-Petition Plan#30600267-Goat Hill Lane to install 105' +/- of 2-4 PVC conduits Referred to Committee on Public Services. A motion to break for committee work was made and seconded. A vote was taken, and the motion carried(8-0). The meeting recessed at 8:00pm. The meeting was called back to order at 8:22pm. Reports of Committees Finance and Property Order#111-Councilor Sweeney-A proposal that the City Council adopt the local option exemption allowed under MGL c. 59 s. 5C%2 and set the increased exemption at 100 percent of the personal exemption offered under MGL c. 59 s. 5 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#1 17-Donation-$1 0,000 from One Stop Harm Reduction Program via the North Shore Health Project to be used by the Beverly Police Department's Community Impact Unit to address substance abuse reduction A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0, Houseman absent for vote). Beverly City Council Meeting Minutes—April 16,2024 page 3 of 6 Order#118-Donation-An automated external defibrillator to the Beverly Fire Department from Beverly resident David Allen A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#119-A transfer request of$750,000 to fund installation of stands and lighting for the high school turf field A motion to set the public hearing for May 6 at 8:00pm was made and seconded. A vote was taken, and the motion carried(8-0). Order#120-A fund balance transfer request of$1,100,000 from the Water Enterprise Fund to cover project costs associated with the water main work planned for Hale Street A motion to set the public hearing for May 6 at 8:30pm was made and seconded.'A vote was taken, and the motion carried(8-0). Order#122-Dr. Charochak, Superintendent of Schools-Request to enter lease/purchase transaction with Apple for student laptops for the 1 to 1 Laptop Initiative at Beverly High School A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#123-Chief LeLacheur-A donation of$10,734.57 in office supplies to help with IT needs to the Beverly Police Department from Guaranty Home Mortgage A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#124-Finance Director, Bryant Ayles-Request for approval to use FY2024 appropriated funds toward the payment of two prior year invoices totaling $8,125 A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#132-President Flowers-A recommendation salary increase for the City Clerk for FY2025 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Legal Affairs Order#064-City Clerk-A Livery License renewal application for BAT Enterprises, LLC located at 19 Beckford Street A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#109-Appointment and a waiver of residency requirement-Thomas Holland, 12 Eddel Avenue, Wenham to serve on the Economic and Community Development Council A motion to approve the waiver of residency was made and seconded. A vote was taken, and the motion carried(8-0). A motion to approve the appointment was made and seconded. A vote was taken, and the motion carried (8-0). Order#110-City Clerk-Application for a license to move an Essex River Church Bible box to a new location Houseman stated the Council has voted and will vote again tonight on a new sign permitting process through the planning department. This particular application should be subject to the new,presumably soon to be adopted, sign permitting or sidewalk permitting process. A motion to approve was made and seconded. A vote was taken, and the motion failed (0-8). Beverly City Council Meeting Minutes April 16,2024 page 4 of 6 Order#125-City Clerk-Renewal application for an Ice Cream Truck Vending permit for Anwar Katabeh A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#126-City Clerk-Renewal application for an Ice Cream Truck Vending permit for Steven Wright A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#127-City Clerk-Renewal application for a Pawnbrokers license for Nyan Group, d/b/a Cash Point A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#128-City Clerk-Second Hand Junk Dealer license renewals for 2024 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#129-City Clerk-Petroleum Storage Registrations renewals for 2024 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Public Services Order#104-7:30 PM-National Grid-A petition WO#9000022943 to install approximately 40 feet of new 12" gas main at 46 River Street A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#107-Appointment Robin Lauranzano Gillette 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#108-Appointment-Peggy S. Conlon to serve on the Beverly Cultural Council A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#135-National Grid-Petition Plan#30600267-Goat Hill Lane to install 105' +/- of 2-4 PVC conduits A motion to set the public hearing for May 20 at 7:45pm was made and seconded. A vote was taken, and the motion carried(8-0). 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 a presentation will be coming on this at the May 6 meeting. Motions and Orders Order#067-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 Beverly City Council Meeting Minutes—April 16,2024 page 5 of 6 private property; Section 192-61 Sandwich board signs; Section 253-24 Signs, awnings and displays; Section 253-35 Public meetings in streets; temporary stands for selling goods A motion to approve the final passage of the ordinance amendments was made and seconded. A vote was taken, and the motion carried(8-0). Houseman stated he would like to make a statement regarding the library vote. Williams stated open meeting law allows at the discretion of the chair, the president in this case, that if it is not reasonably anticipated at least 48 hours before the meeting, a statement can be made. Williams advised that it is a low-risk situation, especially since it is going to be a statement and there is no deliberation. Houseman stated the outcome of the library vote was really largely due to a failure of the administration to have in place effective protocols for capital expenditure project management in its relationships with the Council,perhaps even internally. Since 2011 when Beverly was one of the first in the Commonwealth to become a Green Community,the Council has often unanimously supported the administration's clean energy leadership. The Council can and will do so again if Mayor Cahill delivers on his commitment he made at the last meeting to provide progress reports to the Council on capital expenditure projects in an orderly, effective and regular manner. Houseman elaborated on the condition he had introduced to the Council before about a report every three months that sets forth benchmarks going forward for the coming three months and that sees if those benchmarks from three months before were met. Houseman said it is something the administration needs to provide. Houseman said, agree or not with the outcome of the library vote,the Council did its job last week. Houseman stated he is proud of the Council as an institution for insisting upon both transparency and accountability from the administration. We can work and collaborate together, but that is a two-way street. As Councilor Bowen observed at the last meeting,there were a lot of decision trees that came and went that the Council was not involved in. If the Council had been involved in them,the outcome of that library vote may well have been different because the decisions made along the way might have been different. Houseman stated he is looking forward to Mayor Cahill delivering on his commitment,hopefully before any more votes on capital expenditure projects come before the Council. A motion to adjourn was made and seconded. A vote was taken, and the motion carried (8-0). The meeting adjourned at 8:53pm. Beverly City Council Meeting Minutes—April 16,2024 page 6 of 6 Matthew J. St. Hilaire-Chair Julie R. Flowers Brendan S. Sweeney Finance and Property/City Council Committee of the Whole Meeting Minutes Tuesday,April 16,2024, 7:OOPM Within the Confines of the City Council Meeting City Council Committee Room,Yd Floor, Beverly City Hall, 191 Cabot St. St. Hilaire called the meeting to order at 8:00pm. Members present: Julie Flowers, Matthew St. Hilaire Members absent: Brendan Sweeney Order Date to Number Committee Description Action Taken Earmark-A$200,000 earmark from the Massachusetts Marketing Partnership within the Executive Office of Labor #077 3/11/2024 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 Labor #078 3/11/2024 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 #079 3/11/2024 Department of Housing and Urban Development to support the Hold main library HVAC system replacement and weatherization A transfer of$1,000,902.89 from the city's debt stabilization #092, 4/1/2024 fund to be placed into the City's Library Improvement capital Hold fund A transfer of$2,045,000 from the city's certified free cash balance to be placed into the City's Library Improvement #094 4/1/2024 capital fund. These funds will be used to partially offset the Hold requested loan order(Order#017) for the building and system improvement work for the main branch library #116 4/8/2024 2024 Capital Expenditure Plan pursuant to the City Charter Hold Donation-$10,000 from One Stop Harm Reduction Program via the North Shore Health Project to be used by the Beverly Recommended #117 4/16/2024 police Department's Community Impact Unit to address the Council substance abuse reduction approve (3-0) Donation-An automated external defibrillator to the Beverly Recommended #118 4/16/2024 Fire Department from Beverly resident David Allen the Council approve 3-0 Recommend the A transfer request of$750,000 to fund installation of stands Council set a #119 4/16/2024 and lighting for the high school turf field public hearing for May 6 at 8:00 m 3-0 Order Date to Number Committee Description Action Taken Recommend the A fund balance transfer request of$1,100,000 from the Water Council set a #120 4/16/2024 Enterprise Fund to cover project costs associated with the public hearing water main work planned for Hale Street for May 6 at 8:30 m 3-0 Chief LeLacheur-A donation of$10,734.57 in office supplies Recommended #123 4/16/2024 to help with IT needs to the Beverly Police Department from the Council Guaranty Home Mortgage approve (3-0) Finance Director, Bryant Ayles-Request for approval to use Recommended #124 4/16/2024 FY2024 appropriated funds toward the payment of two prior the Council year invoices totaling$8,125 approve (3-0) President Flowers-A recommendation salary increase for the Recommended #132 4/16/2024 City Clerk for FY2025 the Council approve 3-0 The meeting adjourned at 8:1Opm. Beverly City Council Committee on Finance and Property Meeting Minutes April 16,2024page 2 of 2 Scott D. Houseman-Chair Todd C. Rotondo Kathleen M. Feldman Legal Affairs /City Council Committee of the Whole Meeting Minutes Tuesday, April 16, 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 8:01pm. Members present: Todd Rotondo, Kathleen Feldman, Scott Houseman Also present: City Solicitor Stephanie Williams, Assistant City Solicitor Jesse Dole and Chief of Staff Joscelyn Ruelle-Kersker Order Date to Description Action Taken Number Committee #034 1/16/2024 Councilor Houseman-A letter regarding the Subcommittee Hold on Legal Affairs initiatives in the new term City Clerk-A Livery License renewal application for BAT Recommend #064 2/20/2024 Enterprises, LLC located at 19 Beckford Street the Council approve 3-0 City Clerk-A Livery License-A new Livery License #065 3/18/2024 application for Alba Boston Limo, LLC located at 285 Hold Cabot Street Proposed Amendments to City Ordinance Section 15-37 #101 3/18/2024 Human Rights Committee; Amendments to Modify Hold Committee Member Qualifications Appointment and a waiver of residency requirement- Recommend #109 4/l/2024 Thomas Holland, 12 Eddel Avenue, Wenham to serve on the Council the Economic and Community Development Council approve (3-0) Recommend #110 4/l/2024 City Clerk-Application for a license to move an Essex the Council River Church Bible box to a new location approve (0-3, motion failed A proposed amendment to Chapter 270 of the City #121 4/16/2024 Ordinances relative to parking regulations on L.P. Hold Henderson Road, near Birch Plains Park City Clerk-Renewal application for an Ice Cream Truck Recommend #125 4/16/2024 Vending permit for Anwar Katabeh the Council approve 3-0 City Clerk-Renewal application for an Ice Cream Truck Recommend #126 4/16/2024 Vending permit for Steven Wright the Council a rove 3-0 City Clerk-Renewal application for a Pawnbrokers license Recommend #127 4/16/2024 for Nyan Group, d/b/a Cash Point the Council approve 3-0 Order Date to Description Action Taken Number Committee City Clerk-Second Hand Junk Dealer license renewals for Recommend #128 4/16/2024 2024 the Council approve (3-0) City Clerk-Petroleum Storage Registrations renewals for Recommend 4129 4/16/2024 2024 the Council approve (3-0) Councilor Rotondo-A request to make an amendment to #130 4/16/2024 Ordinance Section 270-66 Downtown Beverly Parking Hold District Discussion on Order #110 There was some discussion on the pending changes to the process for placing items on public sidewalks (Order 4067 on the City Council agenda). Houseman stated he would vote to deny this because it should be subject to the new requirements of the ordinance that is in the process of being updated. A motion to recommend the City Council approve was made and seconded. A vote was taken, and the motion failed(0-3). Approval of Order#110 was not recommended. The meeting adjourned at 8:20pm. Beverly City Council Committee on Legal Affairs Meeting Minutes April 16,2024 page 2 of 2 Hannah L. Bowen-Chair Steven M. Crowley Danielle M. Spang Public Services /City Council Committee of the Whole Meeting Minutes Tuesday,April 16, 2024, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers,3rd Floor,Beverly City Hall, 191 Cabot St. Bowen called the meeting to order at 8:01pm. Members present: Steven Crowley, Danielle Spang, Hannah Bowen Order Date to Description Action Taken Number Committee National Grid-A petition WO#9000022943 to install #104 4/16/2024 approximately 40 feet of new 12" gas main at 46 Recommend the Council approve (3-0) River Street #105 4/l/2024 National Grid-Plan#30665817-to install 1 JO pole Hold on Lothrop Street #107 4/1/2024 Appointment Robin Lauranzano Gillette to serve on Recommend the the Beverly Airport Commission Council approve 3-0 #108 4/1/2024 Appointment-Peggy S. Conlon to serve on the Recommend the BeverlyCultural Council Council approve 3-0 National Grid-Petition Plan#30600267-Goat Hill Recommend the #135 4/16/2024 Lane to install 105' +/- of 2-4 PVC conduits (set a Council set a public public hearing) hearing for May 20 at 7:45 m 3-0 Meeting adjourned at 8:12pm.