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20240506 City Council Meeting Minutes ("ITY OF BEVERLY RT.0"(tJr1`, A'10 EtCORDED City of Beverly CITY C�EF,Ii C'�FILE Regular City Council Meeting 2'L!� j111.( _ A $: 41 Public Meeting Minutes Monday, May 6, 2024, 7:OOpm City Council Chambers, 191 Cabot St. Julie Flowers, City Council President, called the meeting to order at 7:02pm. City Clerk, Lisa Kent, took attendance by roll call. Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman, Scott Houseman, Todd Rotondo, Danielle Spang, Brendan Sweeney, Julie Flowers Members Absent: Matthew St. Hilaire Rotondo led the pledge of allegiance. Resolution Order#148-Councilor Spang-Second Lieutenant(Retired) Roger Choate Wonson A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Presentations, Awards and Memorials Mayor Michael Cahill gave his State of the City Address. A motion for a brief recess was made and seconded. A vote was taken, and the motion carried (8- 0). The meeting recessed at 7:50pm. The meeting was called back to order at 7:55pm. Comments by Citizens Dr. Idan Davidyan, 152 Hale Street, asked the Council to reconsider the current structure of City Council meetings,particularly the resident speaker positions. Davidyan stated it is important to focus on the direct community alone. Due to one group's attempts to take all the resident speaker spots for City Council meetings, true Beverly issues and other opinions are being silenced, sidelined or unheard. By reevaluating the procedures and ensuring fair representation of the community, the City can foster a more inclusive and participatory democracy. Davidyan spoke in favor of antisemitism training for councilors and staff and encouraged councilors to be proactive rather than reactive. There should be clear guidelines and enforceable actions when acts of violence are committed. Davidyan stated May is Jewish American Heritage Month and today marks the Holocaust Memorial Day. It is important to listen to the opinions of all residents of Beverly, not just one specific group. We must educate ourselves and others. Working together, we can create a just, inclusive and compassionate city. Public Hearings Order#119-8:OOpm-A transfer request of$750,000 to fund installation of stands and lighting for the high school turf field The public hearing was opened. A motion to recess the public hearing until 8:15pm was made and seconded. A vote was taken, and the motion carried (8-0). Comments by Citizens Ruth Bayer, 81 Lovett Street, spoke about her disappointment that the Council did not approve the ceasefire resolution and spoke of the ongoing conflict in Gaza. Dr. Michael Sperber, 15 Ives Street, spoke about the meaning of a ceasefire,the etymology of the word and the creation of more peace and freedom from fear. Public Hearings Order#119-8:00pm/8:15pm-A transfer request of$750,000 to fund installation of stands and lighting for the high school turf field The public hearing was reopened. Finance Director Bryant Ayles gave an overview of the order. The funding sources are two project funds that are no longer needed for those purposes. Those will be paired with ESSER [Elementary and Secondary School Emergency Relief] funds. Cahill stated this need has always been there. This will benefit fall and spring sport athletes, marching band, and youth athletes and allow families, friends, and classmates to come to games and events in the evenings. Cahill stated he will work through parking and traffic concerns with neighbors if this is approved. There will also be some parameters set around the use such as the time the lights will go out at night and who will have access to use it. Cahill stated in his mind this should be wholly for providing opportunities for young people not for making money for the city. If this is approved, the Parks and Recreation Commission would put those parameters and policies in place. Superintendent Dr. Suzanne Charochak and Beverly High School principal Mark Thomas presented the proposal. There is a congested field schedule due to busy spring and fall athletic seasons, which also means the marching band must practice in the field house. There are poor sight lines and poor accessibility for spectators. Beverly is the only team in the Northeastern Conference without lights, which means at times games have to start as early as 2:30pm while school is still in session making it more difficult for other students, families and fans to attend. Order#120-8:30pm-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 The public hearing was opened. A motion to recess the public hearing until 9:30pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#119-8:00pm/8:15pm-A transfer request of$750,000 to fund installation of stands and lighting for the high school turf field Director of Public Services Michael Collins stated this field was designed in 2010 with lights in mind but it was not financially attainable at the time. Provided the City Council approves the funding tonight,that would allow the City to receive the lighting before the end of August and get it installed before school starts. The goal is to do whatever work can be done once school is out for the summer and then install the equipment as soon as it arrives. If this is not approved tonight, it would get pushed much later into the school year. Beverly City Council Meeting Minutes—May 6,2024 page 2 of 8 Charochak stated the plan is to use ESSER III funding for the procurement of the equipment for lights. It must be fully expensed by September 30, 2024 in order to use ESSER funds. Ayles spoke to the funding pieces, stating this is an appropriate use of these funds since it is a one-time cost that is not recurring. Connor Connelly, a junior at Beverly High School who plays varsity soccer and baseball, spoke in favor of the request and stated it will build a stronger sense of community. Ava Freitas, a junior at Beverly High School and a captain of the girls' varsity soccer team, stated it is a race against the clock to finish a game or have enough time to practice in daylight. Freitas spoke in support of the request and stated this will add to school spirit. Tim Harrington, a junior at Beverly High School and member of the soccer and lacrosse teams, stated teams currently have to practice on other fields. Practicing on the same fields where games are played will help. With lights, teams would not need abbreviated practices or to split fields for practice. Harrington spoke about JV games that are scheduled after varsity games having to be canceled if the first game went long or started late and it got dark. This would be a great opportunity to boost community pride and give more opportunities to student athletes. Elliot Lund, a junior at Beverly High School and one of the upcoming field hockey captains, stated JV games often occur after varsity games and are shortened or canceled, which limits future athletics and does not allow student athletes to grow and develop. We need to be able to provide equal access to all athletes. This will also provide more access for families to attend. Maverick Genest, a junior at Beverly High School and football player, said this will lead to more flexible practice schedules and safer practicing conditions. Bleachers would be better for fans and parents and would contribute to attendance and increase school spirit. Adam Costa, a music teacher and band director in Beverly Public Schools since 2004, stated that in his current role as the Beverly High School marching band director the lack of lighting at the turf field and Hurd Stadium has been an annual topic of conversation. The marching band uses the basketball court and fieldhouse for weekly practices. At other times, equipment is packed up into a truck and brought over to Hurd Stadium for practice. Lighting and stands would have a noticeably positive impact on marching band practice and performances. The marching band performs on football fields and should also have access to practice on one. Audrey Talbot, a sophomore at Beverly High School and a member of marching band, concert band, drama club, vocal ensemble, and softball team, stated music and performing arts students would benefit from this just as well as the student athletes. Access to more ideal practice spaces for the band would make a difference in performances. Grace Crowell, 18 Bosworth Street, president of the nonprofit Wicked Running Club, stated the running club organizes at the high school track as a starting point every Tuesday from spring to about mid-fall. Many community members would benefit from the installation of the lights. This would bring a lot to all residents. Alysha Monfette, 268 Essex Street,president of the BHS football boosters, spoke in support of the request, stating the field is where families can come together, socialize and have fun. Edgar de Leon, 3 Nicole Avenue, represented the Beverly Youth Soccer Association and spoke in support of the proposal. De Leon stated he has seen firsthand how sports can transform kids' lives and brings the community together. This would help to create a sense of pride and unity in the community. Beverly City Council Meeting Minutes—May 6,2024 page 3 of 8 Sheryl Silva, 95 Hale Street, spoke as a pediatrician about the importance of youth mental health. One of the best things that can be done to combat youth mental health issues is exercise. This is about community and making athletics accessible to all youth. Silva stated she is typically fiscally conservative but this is worth spending public money on and is a really important thing for the community and youth across the board. The music programs also benefit kids as well. Andrea Jones, 409 Essex Street, spoke in support of the request, highlighting the transformative power of athletics in shaping youth. It provides the opportunity for physical activity, character development, and social cohesion. Michael Reynolds, 14R East Garfield Avenue, stated stands are sorely overdue. Reynolds stated Beverly is the only school on the North Shore that does not have lights and stands. Lorinda Visnick, 29 Middlebury Lane, spoke in support of the request. It gives students a sense of belonging to participate in sports and the arts. This is a good use of one-time funds. Order#120-8:30pm/9:30pm-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 The public hearing was reopened. A motion to recess the public hearing until 10:OOpm was made and seconded. A vote was taken, and the motion carried(8-0). Order#119-8:OOpm/8:15pm-A transfer request of$750,000 to fund installation of stands and lighting for the high school turf field Flowers read comments in support of this request which were submitted by student Joselyn Silva. Sweeney asked about the plan for Hurd Stadium. Charochak stated the plan would be to continue to use it. Cahill added that the high school football program will determine which field they want to use to play their games. Only certain sports can be played at Hurd. As a community,we do not own a lot of land. That is an active recreational space we should never let go of. There was discussion on the timing of the project. Houseman expressed interest in waiting until the presentation at the next meeting(May 20)regarding capital projects. Cahill and Charochak expressed concerns on the timeline for ordering materials, getting it completed for the fall athletics season and meeting the deadline in September for using ESSER funds. Feldman gave support for the project being completed sooner than later. Order#120-8:30pm/10:OOpm-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 The public hearing was reopened. A motion to recess the public hearing until 10:15pm was made and seconded. A vote was taken, and the motion carried(8-0). Beverly City Council Meeting Minutes—May 6,2024 page 4 of 8 Order#119-8:00pm/8:15pm-A transfer request of$750,000 to fund installation of stands and lighting for the high school turf field There was discussion about the breakdown of the cost of the lights and the stands and the cost of installation, the procurement process, and the specifications of the stands. Crowley stated the neighbors have some concerns. It will be a partnership, and we will all need to be good neighbors. Flowers closed the public hearing. The motion to approve was made and seconded. Flowers had Councilor Crowley chair the meeting so she could speak on the topic. Flowers thanked those who have reached out. In thinking about the ability to create community outside of regular academic time, the benefits are very compelling. This is a chance to expand the sense of community in Beverly. The lack of stands does present an accessibility issue. Flowers expressed support for the project. There was some discussion of the capital projects report coming before the Council on May 20 and if this item would be included. Order#120-8:30pm/10:15pm-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 The public hearing was reopened. A motion to recess the public hearing until 10:40pm was made and seconded. A vote was taken, and the motion carried(8-0). Order#119-8:00pm/8:15pm-A transfer request of$750,000 to fund installation of stands and lighting for the high school turf field A vote was taken on the motion to approve, and the motion carried (8-0). A motion for a brief recess was made and seconded. A vote was taken, and the motion carried (8- 0). The meeting recessed at 10:29pm. Feldman left the meeting during the recess. The meeting was called back to order at 10:34pm. Acceptance of Minutes of Previous Meeting Special City Council Meeting- February 26, 2024 Public Services Committee Meeting-March 11, 2024 Legal Affairs Committee Meeting-March 18, 2024 Public Services Committee Meeting-March 18, 2024 Finance and Property Committee Meeting-April 8, 2024 Regular City Council Meeting-April 16, 2024 A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). Beverly City Council Meeting Minutes—May 6,2024 page 5 of 8 Communications from His Honor the Mayor Order#136-Donation-$2,000 from the Friends of the Beverly Public Library to benefit the Nancy Robinson Endowment Fund Referred to Committee on Finance and Property. Order#137-Approval Lease Addendum VII to the agreement dated April 1, 1995,between North Atlantic Air Inc., d/b/a Flight Level Aviation and the Beverly Airport Commission Referred to Committee on Legal Affairs. Order#138-Appointment-Dominic Copeland, 38 Hathaway Avenue to serve on the Trustees of the Beverly Library Referred to Committee on Public Services. Order#139-Appointment-Paul Willenbrock, 5a Clifford Avenue and Marilyn Hourican-Osburn, 112 Conant Street to serve on the Commission on Disabilities Referred to Committee on Public Services. Communications from other City Officers and Boards Order#140-Councilor Houseman and Councilor Spang-N-192 Replacement Project Citizen Advisory Committee Third Quarter FY24 report A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(7-0). Order#141-City Clerk-A renewal application for a Fortune Teller License for Summer Evans, 507 Rantoul Street Referred to Committee on Legal Affairs. Order#142-City Clerk-A renewal application for a Second Hand Junk Dealer License for Plum Consignment LLC d/b/a Worthy Girl, 276 Cabot Street Referred to Committee on Legal Affairs. Order#143-City Clerk-A list of renewal applications for Petroleum Storage Registrations for 2024 Referred to Committee on Legal Affairs. Order#144-Director of Planning and Community Development, Darlene Wynne-A request for authorization for the Mayor to execute a Waiver of First Right of Refusal on the City's behalf for Dunham Castle Condominiums, 36 Dunham Road, Unit 205 Referred to Committee on Legal Affairs. Communications,Application and Petitions Order#145-National Grid-Plan#3 095 3 605-Railroad Avenue Referred to Committee on Public Services. Order#146-Beverly Main Streets-A request for approval to host a Block Party on Cabot Street from Pond Street to Federal Street Referred to Committee on Legal Affairs. Beverly City Council Meeting Minutes—May 6,2024 page 6 of 8 Order#147-Department of Environmental Protection-Issuance of Chapter 91 Waterways License A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(7-0). Public Hearings Order#120-8:30pm/10:40pm-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 There was a brief discussion on the strategy to this approach. Kenneth Glover, 20 Essex Street, spoke about Israel and Palestine. A lot of people want to give advice; a few people want to take action or give assistance. Glover stated the Council does not need to vote on such a resolution. The bombs in Gaza are ours. Glover expressed appreciation for living in a democracy where he can speak freely. Flowers shared comments from Councilor St. Hilaire in support of this request. 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 (7-0). The meeting recessed at 11:03pm. The meeting was called back to order at 11:24pm. Reports of Committees Legal Affairs Order#101-Proposed Amendments to City Ordinance Section 15-37 Human Rights Committee; Amendments to Modify Committee Member Qualifications Houseman stated the Human Rights Committee has a quorum issue and that the Committee on Legal Affairs voted to recommend the Council break out the section of this order that applies to removing the voter registration requirement and allowing for two members under 18 years old as long as they are 16 years old so the Human Rights Committee can achieve a quorum and continue with their business,then leaving the rest of this order for Committee on Legal Affairs to continue working on. A motion to bifurcate the order and approve 15-37(A)(3) as recommended by the Committee on Legal Affairs was made and seconded. A vote was taken, and the motion carried(7-0). 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 A motion to approve the first reading was made and seconded. A vote was taken, and the motion carried (7-0). Order#137-Approval Lease Addendum VII to the agreement dated April 1, 1995,between North Atlantic Air Inc., d/b/a Flight Level Aviation and the Beverly Airport Commission A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). Beverly City Council Meeting Minutes—May 6,2024 page 7 of 8 Order#141-City Clerk-A renewal application for a Fortune Teller License for Summer Evans, 507 Rantoul Street A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#142-City Clerk-A renewal application for a Second Hand Junk Dealer License for Plum Consignment LLC d/b/a Worthy Girl, 276 Cabot Street A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). Order#143-City Clerk-A list of renewal applications for Petroleum Storage Registrations for 2024 A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). Order#144-Director of Planning and Community Development, Darlene Wynne-A request for authorization for the Mayor to execute a Waiver of First Right of Refusal on the City's behalf for Dunham Castle Condominiums, 36 Dunham Road, Unit 205 A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). 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 A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#136-Donation-$2,000 from the Friends of the Beverly Public Library to benefit the Nancy Robinson Endowment Fund A motion to approve was made and seconded. A vote was taken, and the motion carried(7-0). Public Services Order#145-National Grid-Plan#3 095 3 605-Railroad Avenue A motion to set the public hearing for May 20 at 8:00prn was made and seconded. A vote was taken, and the motion carried(7-0). 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 will be taken up at the next meeting. A motion to adjourn was made and seconded. A vote was taken, and the motion carried (7-0). The meeting adjourned at 11:34pm. Beverly City Council Meeting Minutes—May 6,2024 page 8 of 8 Matthew J. St. Hilaire-Chair Julie R. Flowers Brendan S. Sweeney Finance and Property/City Council Committee of the Whole Meeting Minutes Monday, May 6, 2024, 7:OOPM Within the Confines of the City Council Meeting City Council Committee Room,3rd Floor, Beverly City Hall, 191 Cabot St. Sweeney called the meeting to order at 11:05pm. Members present: Julie Flowers, Brendan Sweeney Members absent: Matthew St. Hilaire Order Date to Description Action Taken Number Committee Earmark-A$200,000 earmark from the Massachusetts Marketing #077 3/11/2024 Partnership within the Executive Office of Labor and Workforce Hold Development to be used for HVAC improvements and weatherization for the Beverly Public Librgy Earmark-A$100,000 earmark from the Massachusetts Marketing #078 3/11/2024 Partnership within the Executive Office of Labor and Workforce Hold Development to be used for HVAC improvements and weatherization for the Beverly Public Library Earmark-A$1,000,000 earmark from the United States Department #079 3/11/2024 of Housing and Urban Development to support the main library Hold HVAC system replacement and weatherization A transfer of$1,000,902.89 from the city's debt stabilization fund #092 4/1/2024 to be laced into theCit 's LibraryImprovement capital fund Hold A transfer of$2,045,000 from the city's certified free cash balance to be placed into the City's Library Improvement capital fund. #094 '4/l/2024 These funds will be used to partially offset the requested loan order Hold (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 A fund balance transfer request of$1,100,000 from the Water Recommend the #120 5/6/2024 Enterprise Fund to cover project costs associated with the water Council approve main work planned for Hale Street (2-0) Donation-$2,000 from the Friends of the Beverly Public Library to Recommend the #136 5/6/2024 benefit the Nancy Robinson Endowment Fund Council approve 2-0 The meeting adjourned at 11:09pm. Scott D. Houseman-Chair Todd C. Rotondo Kathleen M. Feldman Legal Affairs/City Council Committee of the Whole Meeting Minutes Monday,May 6,2024, 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 11:05pm. Members present: Todd Rotondo, Scott Houseman Members absent: Kathleen Feldman Other Councilors present: Hannah Bowen and Danielle Spang (both joined at 11:07pm) Also present: City Solicitor Stephanie Williams Order Date to Number Committee Description Action Taken #034 1/16/2024 Councilor Houseman-A letter regarding the Subcommittee on Hold Legal Affairs initiatives in the new term #065 3/18/2024 City Clerk-A Livery License-A new Livery License application Hold for Alba Boston Limo, LLC located at 285 Cabot Street Proposed Amendments to City Ordinance Section 15-37 #101 3/18/2024 Human Rights Committee; Amendments to Modify Committee See below Member Qualifications A proposed amendment to Chapter 270 of the City Ordinances Recommend #121 4/16/2024 relative to parking regulations on L.P. Henderson Road, near the Council Birch Plains Park approve (2-0) Councilor Rotondo-A request to make an amendment to #130 4/16/2024 Ordinance Section 270-66 Downtown Beverly Parking District Hold Approval Lease Addendum VII to the agreement dated April 1, Recommend #137 5/6/2024 1995,between North Atlantic Air Inc., d/b/a Flight Level the Council Aviation and the Beverly Airport Commission approve (2-0) City Clerk-A renewal application for a Fortune Teller License Recommend #141 5/6/2024 for Summer Evans, 507 Rantoul Street the Council approve 2-0 City Clerk-A renewal application for a Second Hand Junk Recommend #142 5/6/2024 Dealer License for Plum Consignment LLC d/b/a Worthy Girl, the Council 276 Cabot Street approve (2-0) City Clerk-A list of renewal applications for Petroleum Storage Recommend #143 5/6/2024 Registrations for 2024 the Council approve 2-0 Director of Planning and Community Development, Darlene Wynne-A request for authorization for the Mayor to execute a Recommend #144 5/6/2024 � the Council Waiver of First Right of Refusal on the City s behalf for Dunham Castle Condominiums, 36 Dunham Road,Unit 205 approve (2-0) Beverly Main Streets-A request for approval to host a Block #146 5/6/2024 Pam,on Cabot Street from Pond Street to Federal Street Hold Discussion on Order#146 Williams stated the new process is that someone with a block party permit can then get permission to serve alcohol as long as the licensing board approves and does not need to come before the City Council. Williams also noted that Rotondo should abstain from the vote. Discussion on Order#101 Williams stated she had spoken with the chair of the Human Rights Committee. The consensus is that the committee approves of eliminating the registered voter requirement and supports that two members may be under 18 as long as they are 16. The Human Rights Committee does not have issues with the rest of it but maybe has not finished that conversation. Williams suggested the possibility of bifurcating the order so that the committee can get the necessary members. Rotondo stated he would be okay with voting those two sections. There was a brief discussion about the contact information for the two members ages 16-18 being posted or not posted on the city website or whether communication to those members should be through the chair. The motion to recommend that the Council bifurcate Order#101 and approve the proposed changes to 15- 37(A)(3) was made and seconded. The motion passed unanimously(2-0). The motion to hold the rest of Order#101 was made and seconded. The motion passed unanimously (2-0). The meeting adjourned at 11:22pm. Beverly City Council Committee on Legal Affairs Meeting Minutes-May 6,2024 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, May 6, 2024, 7:00pm 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 11:05pm. Members present: Steven Crowley, Danielle Spang, Hannah.Bowen Order Date to Description Action Taken Number Committee #105 4/1/2024 National Grid-Plan#30665817-to install 1 JO pole Hold on Lothrop Street Appointment-Dominic Copeland, 38 Hathaway #138 5/6/2024 Avenue to serve on the Trustees of the Beverly Hold Library Appointment-Paul Willenbrock, 5a Clifford Avenue #139 5/6/2024 and Marilyn Hourican-Osburn, 112 Conant Street to Hold serve on the Commission on Disabilities Recommend the #145 5/6/2024 National Grid-Plan#30953605-Railroad Avenue Council set the public hearing for May 20 at 8:00 m 3-0 . Meeting adjourned at 11:07pm.