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20240520 City Council Meeting Minutes CITY OF BEVERLY City of Beverly n Cr1VED AND RECORDED Regular City Council Meeting C1 T Y CLERK'S OFFiCI Public Meeting Minutes I A 5 3 Monday, May 20, 2024, 7:OOpm City Council Chambers, 191 Cabot St. Steven Crowley, City Council Vice President, called the meeting to order at 7:02pm. Assistant City Clerk, Christine Dixon, took attendance by roll call. Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman, Scott Houseman, Todd Rotondo, Matthew St. Hilaire, Danielle Spang, Brendan Sweeney Members Absent: Julie Flowers Spang led the pledge of allegiance. Presentations,Awards and Memorials City Engineer Lisa Chandler gave an update on projects from the Engineering Department. Assistant Director of Public Services and Engineering Eric Barber presented a 20-page report on current paving progress. Chandler stated there are 13 streets currently slated to be paved this year, including at least one street in every ward. Chandler showed the Streetlogix platform which is used internally and displays the street index for all streets in the city. The latest data will come in this week, and there are some streets that will likely shift within the plan. Spang asked about having the list of streets that will be paved posted online once the data is finalized. Chandler confirmed that will be happening. Spang asked if the PCI [Pavement Condition Index] would be online as well. Chandler stated the PCI will be listed for streets in the paving plan. Chandler said she would check if it is visible in the online GIS maps. St. Hilaire asked for continued communication as things change going forward. Mayor Michael Cahill gave updates on capital projects and plans including the youth center, city hall, Moraine Farm community garden, Simon Street pocket parks, Birch Plains pickleball courts, Holcroft Park, tennis courts at Kimball-Haskell Park and Cahill Park, Gillis Park, Femino Park, Dix Park, AEDs at all parks, Lynch Park, Obear Park, roundabout at Brimbal Avenue and Dunham Road, Brimbal Avenue Phase II (interchange) and electric vehicle charging infrastructure. Barber gave an update on the enterprise asset management system where projects have numbers assigned to them. Public Hearings Order#135-7:45pm-National Grid-Petition Plan#30600267-Goat Hill Lane to install 105' +/- of 2-4 PVC conduits A motion to recess the public hearing until 8:15pm was made and seconded. A vote was taken, and the motion carried (8-0). Presentations,Awards and Memorials Barber spoke about project plans and timelines that councilors will be able to view in the system. Sweeney asked if there is any timeline for when councilors can access this information. Barber stated councilors will start to see a monthly update of all projects, and if there are projects that are time sensitive, councilors can always request an update. The goal for now is to have a report/searchable PDF. Sweeney asked for a financial update on the progress of the Central Fire Station work. Cahill stated Commissioner Collins expects more info mid-May and on. It will require more funding. St. Hilaire stated some sort of summary report would be helpful. Bowen stated she would love to see the dashboard update before the meeting so that if councilors have questions at the presentation they can be asked at the meeting rather than afterwards. Bowen stated she would like to see incorporated in these updates where the city is in the capital project plan. Public Hearings Order#145-8:00pm-National Grid-Petition Plan# 30953605-Railroad Ave to upsize 25ft of existing conduit from 2"to 3"running from existing HH#252 at 47 Railroad Ave. A motion to recess the public hearing until 8:30pm was made and seconded. A vote was taken, and the motion carried(8-0). Presentations,Awards and Memorials There was a brief discussion about the next quarterly update in the fall and updates on finances and capital projects. Rotondo asked how many projects are being managed. Barber stated they are working on defining that because a project is something more than a day- to-day work order and sometimes has a special appropriation or funding. Each task associated with projects can take a life of their own. Barber stated as much as possible is-being compiled to build this out. Cahill stated that, last he knew,there were about 80 projects entered into this system and the goal is to be comprehensive and add everything in there. With each project in there,there is a project manager and a project lead. Houseman asked if communication tools with this software will improve project management so things move along. Barber stated there are a number of inefficiencies in systems that are not formalized. Giving everyone access to information makes it easier to leverage that knowledge. Public HearinEs Order#135-7:45pm/8:15pm-National Grid-Petition Plan#30600267-Goat Hill Lane to install 105' +/- of 2-4 PVC conduits Beverly City Council Meeting Minutes—May 20,2024 page 2 of 8 A motion to recess the public hearing until 8:45pm was made and seconded. A vote was taken, and the motion carried (8-0). Presentations,Awards and Memorials Houseman asked if something like a change in building code would come out in these monthly reports. Barber confirmed, stating that would be critical information. Houseman stated it would be worth looking at if the engineering department needs a stand alone capital project manager or consultant. Houseman asked about including in reports if projects are ahead of or behind their benchmarks. Barber stated he likes that idea and said he uses key notable dates. Comments by Citizens Patricia Callan, 40 Jordan Street, and her two daughters spoke regarding the conflict in Gaza and asking for a resolution supporting a ceasefire. Caitlin Tricomi, 25 Whitney Avenue, also spoke in favor of a ceasefire resolution. Public Hearings Order#145-8:00pm/8:30pm-National Grid-Petition Plan# 30953605-Railroad Ave to upsize 25ft of existing conduit from 2"to 3"running from existing HH#252 at 47 Railroad Ave. Michael Kazadi from National Grid stated the trench work will be done in the sidewalk,the road will not be closed, and it should only take about a day. A resident from 1 Moulton Court asked about the road being closed. The public hearing was closed and the item was referred back to Committee on Public Services. Acceptance of Minutes of Previous Meeting Public Services Committee-March 11, 2024 Regular City Council Meeting-March 18, 2024 Public Service Committee-May 13, 2024 Regular City Council-April 1, 2024 A motion to approve with the addition that Councilor Feldman was present at the meeting was made and seconded. A vote was taken, and the motion carried (8-0). Communications from His Honor the Mayor Order#149-Grant-$150,000 from the MassDEP Clean Water State Revolving Fund Grant program to be used to develop geographic information systems asset database Referred to Committee on Finance and Property. Order#150-Grant-$920,000 from MassDOT Aeronautics to replace fencing around the Beverly City Council Meeting Minutes—May 20,2024 page 3 of 8 perimeter of the Beverly Airport as required by the FAA for safety purposes Referred to Committee on Finance and Property. Order#151-A request to realign funding within the operating budget to account for some unplanned operational costs through June 30th and facilitate the purchase of two public safety vehicles to ease some budgetary burden for the upcoming FY25 budget Referred to Committee on Finance and Property to set a public hearing. Order#152-An appointment and waiver of residency for Christopher Tatnall and Gerald Blumenstock to serve on the Economic and Community Development Council Referred to Committee on Legal Affairs. Communications from other City Officers and Boards Order#153-City Clerk-Four renewal applications for Fortune Teller Licenses for Leanne Gordon, Laura Nestor, Lillian Perry, and Timothy Reagan Referred to Committee on Legal Affairs. Order#154-City Clerk-A new application for a Fortune Teller License for Lyska Bishop Benitez Referred to Committee on Legal Affairs. Order#155-City Clerk- A new application for a Fortune Teller License for Donna Kilgour Referred to Committee on Legal Affairs. Order#156-City Clerk-A new application for a Fortune Teller License for Nicole Maribito Referred to Committee on Legal Affairs. Order#157-City Clerk- A new application for a Fortune Teller License for Geoffrey Van Wyde Referred to Committee on Legal Affairs. Order#158-City Clerk-A renewal application for a Hawkers and Peddlers License for Nicole Birarelli, from Joe's on a Roll Referred to Committee on Legal Affairs. Order#159-City Clerk-Request for approval of the 2025 City Council Meeting Schedule A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Public Hearings Order#135-7:45pm/8:45pm-National Grid-Petition Plan#30600267-Goat Hill Lane to install 105' +/- of 2-4 PVC conduits There was a brief discussion on the timing of the road closures, coordination with other roadwork and traffic management. The public hearing was closed and the item was referred back to Committee on Public Services. Communications, Application and Petitions Order#160-Notice of Availability-Public comment draft immediate response action plan Beverly City Council Meeting Minutes—May 20,2024 page 4 of 8 building 3 area asbestos, Former Varian Facility,150 Sohier Road A motion to receive and place on file 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 Rotondo moved to amend by rejecting the proposed amendments to 15-21(B)(2), 15-41(B)(2), 15-48(B)(2) and 15-37. The motion was seconded. Assistant City Solicitor Beth Oldmixon stated these sections relate to committees and what constitutes a quorum as well as the Human Right Committee amendments that are currently in Legal Affairs Committee. There was some discussion of difficulty meeting quorums and if the authority of a board or committee changes if the amount of members changes. City Solicitor Stephanie Williams clarified that the motion Councilor Rotondo is making now is to not change anything and leave the status quo in order to have broader discussion at a later point. Sweeney stated it seems this is a process vote to allow the rest to move on a parallel process. Williams asked for two more housekeeping changes. One would be to add to the motion to retain "owner and/or occupant" in 159-19(D)(3). The second request is to include in the amendment that"subject to any condition imposed by the Commonwealth"be left in 232-5(A). Rotondo included those changes into his motion. The motion to amend by rejecting the proposed amendments to 15-21(B)(2), 15-41(B)(2), 15-48(B)(2), 15-37, 232-5(A) and by leaving in "owner and/or occupant" in 159-19(D)(3)was made and seconded. A vote was taken, and the motion to amend carried (8-0). Bowen asked about the possibility of a proposed amendment regarding the Youth Activities Commission, which is now defunct. Williams stated there was some discussion about this. The concept of removing it would be a pretty significant policy decision, notwithstanding the fact that it currently is not populated, and seemed beyond the scope, so no changes were made. Sweeney stated his memory is that in the Legal Affairs Committee discussion with Bruce Doig the recommendation was to leave it. Bowen asked about language around residency requirements, age and being a registered voter in 15-8. Williams stated the minutes reflect there was a discussion about removing the registered voter requirement completely. However it did not go to a motion, and the consensus was to leave it. There may be an interest in continuing that discussion or revisiting it down the road. Legal Affairs decided to make a clearer waiver section. Beverly City Council Meeting Minutes—May 20,2024 page 5 of 8 Bowen stated she is comfortable with it as it is now but would be interested in pursuing that discussion this year. Bowen asked about the proposal that the finance director be included as one of the trustees of the Affordable Housing Trust Fund. Bowen motioned to amend section 33-3(A)to keep the current language and not add the finance director. The motion was seconded for discussion. Sweeney stated that, from what he remembered, the goal was to add the finance director because of his/her expertise. Sweeney mentioned it could also be an option to read as "mayor or his or her designee" if that is preferred. Feldman agreed that two-fifths of the board being appointees from the administration seems unbalanced. Feldman stated she would welcome that change if there is not any further rationale. St. Hilaire stated he would tend to agree that the finance director would add expertise. Rotondo added that it makes sense to have the person who manages the money on the board. Bowen stated her goal is to keep the status quo by removing this amendment and leaving it as is to ideally be taken up separately. A vote was taken, and the motion to amend failed (3-5, Bowen, Spang, Feldman in favor). Houseman moved to amend that it read"the mayor or his/her designee"in 33-3(A). The motion was not seconded. The motion to approve as amended was made and seconded. A vote was taken, and the motion carried (8-0). Motions and Orders Order#101A-Proposed Amendments to City Ordinance Section 15-37 Human Rights Committee; Amendments to Modify Committee Member Qualifications as amended on first vote at the City Council meeting held on May 6, 2024 (Final Passage) Crowley clarified that this is a vote on only the proposed amendments to section 15-37(A)(3). A motion to approve final passage was made and seconded. A vote was taken, and the motion carried(8-0). Order#121-Proposed amendment to Chapter 270 of the City Ordinances relative to parking regulations on L.P. Henderson Road, near Birch Plains Park(Final Passage) A motion to approve final passage was made and seconded. A vote was taken, and the motion carried(8-0). 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 9:31pm. The meeting was called back to order at 9:52pm. Beverly City Council Meeting Minutes—May 20,2024 page 6 of 8 Reports of Committees Finance and Property Order#149-Grant-$150,000 from the MassDEP Clean Water State Revolving Fund Grant program to be used to develop geographic information systems asset database A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#150-Grant-$920,000 from MassDOT Aeronautics to replace fencing around the perimeter of the Beverly Airport as required by the FAA for safety purposes A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#151-A request to realign funding within the operating budget to account for some unplanned operational costs through June 30th and facilitate the purchase of two public safety vehicles to ease some budgetary burden for the upcoming FY25 budget A motion to set the public hearing for June 3 at 8:00pm was made and seconded. A vote was taken, and the motion carried(8-0). Legal Affairs Order 4065-City Clerk-A Livery License-A new Livery License application for Alba Boston Limo, LLC located at 285 Cabot Street A motion to deny was made and seconded. A vote was taken, and the motion carried (8-0). Order#146-Beverly Main Streets-A request for approval to host a Block Parry on Cabot Street from Pond Street to Federal Street A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#153-City Clerk-Four renewal applications for Fortune Teller Licenses for Leanne Gordon, Laura Nestor, Lillian Perry, and Timothy Reagan A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#154-City Clerk-A new application for a Fortune Teller License for Lyska Bishop Benitez A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#155-City Clerk- A new application for a Fortune Teller License for Donna Kilgour A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#156-City Clerk-A new application for a Fortune Teller License for Nicole Maribito A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#157-City Clerk- A new application for a Fortune Teller License for Geoffrey Van Wyde A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#158-City Clerk-A renewal application for a Hawkers and Peddlers License for Nicole Birarelli, from Joe's on a Roll A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Beverly City Council Meeting Minutes—May 20,2024 page 7 of 8 Public Services Order 4135-National Grid-Petition Plan#30600267-Goat Hill Lane to install 105' +/- of 2-4 PVC conduits A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#145-National Grid-Petition Plan# 30953605-Railroad Ave to upsize 25ft of existing conduit from 2"to 3"running from existing HH#252 at 47 Railroad Ave. A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#138-An appointment for Dominic Copeland to serve on the Trustees of the Beverly Library A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#139-An appointment for Paul Willenbrock and Marilyn Hourican-Osburn to serve on the Commission on Disabilities. A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). A motion to adjourn was made and seconded. A vote was taken, and the motion carried (8-0). The meeting adjourned at 10:00pm. Beverly City Council Meeting Minutes—May 20,2024 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 20, 2024, 7:00pm Within the Confines of the City Council Meeting Beverly City Hall, 3rd Floor, 191 Cabot St. St. Hilaire called the meeting to order at 9:34pm. Members present: Brendan Sweeney, Matthew St. Hilaire Members absent: Julie Flowers Order Date to Number Committee Description Action Taken Earmark-A$200,000 earmark from the Massachusetts #077 3/11/2024 Marketing Partnership within the Executive Office of Labor and Hold Workforce Development to be used for HVAC improvements and weatherization for the Beverly Public Library Earmark-A$100,000 earmark from the Massachusetts #078 3/11/2024 Marketing Partnership within the Executive Office of Labor and Hold Workforce Development to be used for HVAC 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/l/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 Grant-$150,000 from the MassDEP Clean Water State Recommend the #149 5/20/2024 Revolving Fund Grant program to be used to develop Council approve geographic information systems asset database (2-0) Grant-$920,000 from MassDOT Aeronautics to replace fencing Recommend the #150 5/20/2024 around the perimeter of the Beverly Airport as required by the Council approve FAA for safety purposes (2-0) A request to realign funding within the operating budget to Recommend the account for some unplanned operational costs through June 30th Council set the #151 5/20/2024 and facilitate the purchase of two public safety vehicles to ease public hearing some budgetary burden for the upcoming FY25 budget for 8:00pm on 6/3/2024 2-0 The meeting adjourned at 9:40pm. Scott D. Houseman-Chair Todd C. Rotondo Kathleen M. Feldman Legal Affairs /City Council Committee of the Whole Meeting Minutes Monday,May 20, 2024,7:00pm Within the Confines of the City Council Meeting Beverly City Hall, 3"Floor, 191 Cabot St. The meeting was called to order at 9:32pm. Members present: Todd Rotondo, Kathleen Feldman, Scott Houseman Also present: City Solicitor Stephanie Williams, Assistant City Solicitors Beth Oldmixon and Jesse Dole Order Date to Description Action Taken Number Committee 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-A new Livery License application Recommend #065 3/18/2024 for Alba Boston Limo, LLC located at 285 Cabot Street the Council den 3-0 Proposed Amendments to City Ordinance Section 15-37 Human Bifurcated on #101 3/18/2024 Rights Committee; Amendments to Modify Committee Member 5/6/24 Qualifications Hold #130 4/16/2024 Councilor Rotondo-A request to make an amendment to Hold Ordinance Section 270-66 Downtown Beverly Parking District Recommend Beverly Main Streets-A request for approval to host a Block the Council #146 5/6/2024 Party on Cabot Street from Pond Street to Federal Street receive and place on file 3-0 Appointment and waiver of residency for Christopher Tatnall #152 5/20/2024 and Gerald Blumenstock to serve on the Economic and Hold Community Development Council City Clerk-Four renewal applications for Fortune Teller Licenses Recommend #153 5/20/2024 for Leanne Gordon, Laura Nestor, Lillian Perry, and Timothy the Council Reagan approve (3-0) City Clerk-A new application for a Fortune Teller License for Recommend #154 5/20/2024 Lyska Bishop Benitez the Council a rove 3-0 City Clerk- A new application for a Fortune Teller License for Recommend #155 5/20/2024 Donna Kilgour the Council approve 3-0 City Clerk-A new application for a Fortune Teller License for Recommend #156 5/20/2024 Nicole Maribito the Council approve 3-0 City Clerk-A new application for a Fortune Teller License for Recommend #157 5/20/2024 Geoffrey Van Wyde the Council ap rove 3-0 Order Date to Description Action Taken Number Committee City Clerk-A renewal application for a Hawkers and Peddlers Recommend #158 5/20/2024 License for Nicole Birarelli, from Joe's on a Roll the Council ap rove 3-0 Houseman questioned why there were two appointees for Order#152 when the ordinance calls for one member with industry experience to be appointed to the Economic and Community Development Council. Discussion on Order#101 The consensus was that there should be a broader discussion at a later date. The Human Rights Committee is discussing other proposed changes but will be taking a summer break and may not be able to vote until the fall. The Committee determined that a formal communication should be requested from the Human Rights Committee for a response by September. The meeting adjourned at 9:49pm. Beverly City Council Committee on Legal Affairs Meeting Minutes—May 20,2024 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 20, 2024, 7:00pm Within the Confines of the City Council Meeting Beverly City Hall, 3rd Floor, 191 Cabot St. Bowen called the meeting to order at 9:34pm. 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 on Lothrop Hold Street National Grid-Petition Plan#30600267-Goat Hill Lane to Recommend #135 5/20/2024 install 105' +/- of 2-4 PVC conduits the Council approve 3-0 National Grid-Petition Plan# 30953605-Railroad Ave to Recommend #145 5/20/2024 upsize 25ft of existing conduit from 2"to 3"running from the Council existing HH#252 at 47 Railroad Ave. approve (3-0) Meeting adjourned at 9:39pm.