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20240617 City Council Meeting Minutes City of Beverly Regular City Council Meeting Public Meeting Minutes Monday,June 17, 2024,7:00pm City Council Chambers, 191 Cabot St. Julie Flowers, City Council President, called the meeting to order at 7:01pm. City Clerk, Lisa Kent,took attendance by roll call. Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman, Scott Houseman, Todd Rotondo, Matthew St. Hilaire, Danielle Spang, Brendan Sweeney, Julie Flowers Members Absent:None Sweeney led the pledge of allegiance. A moment of silence was held for Russell "Bud" Halloran, a former Beverly firefighter. Presentations,Awards and Memorials Youth Exemplary Award Winners and Honorable Mentions Elementary-Aiden Flaherty Middle School-Zakaria Farouk and Emma Swisher Honorable Mention-Jeremy Coolidge, Achol Deng,Atabong Nguyen and Lucy Falk High School-Laci Turner and Angel Turner Honorable Mention-Grace Adams, Dennis Andrew De Oliviera Dantas, Braden McKenzie Willenbrook, Carly Jones and Sarah Spiridigliozzi A motion for a brief recess was made and seconded. A vote was taken, and the motion carried(9- 0). The meeting recessed at 7:20pm. The meeting was called back to order at 7:30pm. Public Hearings Order#179-7:30pm-National Grid#30787704-Cabot Street Spang asked that the project be coordinated with other construction on Cabot Street. The public hearing was closed and the item was referred back to Committee on Public Services. Acceptance of Minutes of Previous Meeting Regular City Council Meeting-May 6, 2024 Regular City Council Meeting-May 20, 2024 Regular City Council Meeting-June 3, 2024 A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Communications from His Honor the Mayor Order#183-Grant-A $1,455,000 grant from US Environmental Protection Agency Clean School Program to purchase eight electric school buses for the Beverly Public School District Referred to Committee on Finance and Property. Order#184-Appointment-Braden Willenbrock to serve on the Human Rights Committee Referred to Committee on Legal Affairs. Order#185-Grants-A$7,200 grant and a Senior SAFE grant for$2,600 from the EOPSS- Department of Fire Services for public fire and life safety initiatives in our community Referred to Committee on Finance and Property. Public Hearings Order#165-7:40pm-A transfer request of$2,000,000 from the City's certified free cash balance to be placed into the City's Road and Sidewalk Capital Fund There was some discussion on the shift in approach for funding roads and sidewalks this year. Order#164-7:50pm-A transfer request of$1,000,000 from the City's certified free cash balance to be placed in the City's Debt Stabilization Fund A motion to recess the public hearing to 7:55pm was made and seconded. A vote was taken, and the motion carried(9-0). Order#165-7:40pm-A transfer request of$2,000,000 from the City's certified free cash balance to be placed into the City's Road and Sidewalk Capital Fund Finance Director Bryant Ayles spoke about tumbacks and the goal of putting additional funding into roads and sidewalks. The public hearing was closed and the item was referred back to Committee on Finance and Property. Order#164-7:50pm/7:55pm-A transfer request of$1,000,000 from the City's certified free cash balance to be placed in the City's Debt Stabilization Fund Ayles stated this request is in light of some long-term budget planning, particularly looking at some of the pressures in this year's budget that will carry through multiple years. In order to maintain the city's ability to service debt and continue to do large scale capital projects,we are recommending this transfer of$1 million into the debt stabilization fund to help buffer potential pressure on the debt budget that we anticipate in FY27 and FY28. We know the debt budget will remain fairly flat in terms of dollars in FY25 and FY26. FY27 is when we will start to see some of the debt from some of the larger projects,particularly the city hall renovation. In order to be prepared and have a contingency plan in place, we are looking to transfer this to help buffer potential budgetary pressure. It is a very responsible method and preserves the city's ability to do capital projects. If this is not needed, it can be repurposed with Council's approval. City Council Budget Analyst Gerry Perry recommended adoption. As a special stabilization fund, it would take a majority vote to spend it. St. Hilaire asked if there is an intended usage for this million dollars. Ayles stated the city hall project would likely be the intended use..If at some point it is determined that this is not needed and the debt service can be handled through the general operating budget, then there would likely be a collective look to see what could be done with it, whether returning it to the general fund or putting it towards other projects. St. Hilaire asked why do it now rather than coming forward with a funding request once it is known what is needed. Beverly City Council Meeting Minutes June 17,2024 page 2 of 8 Perry stated free cash expires June 30. This is traditionally the time of year to do these kinds of things. Bowen stated that in the library discussion the framing was different. The million dollars already in this fund has not been tapped and was proposed as part of the library HVAC and renovation project. Bowen asked about the benefit of having more in this fund and not moving other projects forward now with this funding. Ayles stated there is competing demand for free cash capacity. We don't know what the economy is doing. This is a way to ensure we are able to continue down a path. Bowen spoke about the struggle of appropriating funds now for projects we will not see or that we anticipate seeing then don't end up seeing for quite a while. Bowen expressed concern about taking tax dollars while people are hurting to fund future projects. Bowen stated she does not want to continue to stash money away so that future debt payments are lower if we are not even sure when those projects will be. Bowen spoke about the process of smoothing out debt the city is carrying. Ayles confirmed this is part of that smoothing out process. Many of the issues before the Council tend to be more immediate. This is to ensure capacity down the road regardless of what decisions are made. Think of it as a safety net because we know FY27 will be a tough year. Perry stated that in looking at the capital expenditure plan,the city has some challenges coming up. Projects are getting more and more expensive. This is a smart decision. Order#176-8:1 Opm-CPC Eleventh Round CPA Project Funding Recommendations A motion to recess the public hearing to 8:15pm was made and seconded. A vote was taken, and the motion carried(9-0). Order#164-7:50pm/7:55pm-A transfer request of$1,000,000 from the City's certified free cash balance to be placed in the City's Debt Stabilization Fund St. Hilaire stated he would rather know what projects are being funded before authorizing a transfer. Sweeney spoke in support of the transfer and of using the fund to pay down the principal on a project before taking on debt rather than using it to service recurring debt payments. Order#176-8:1 Opm/8:15pm-CPC Eleventh Round CPA Project Funding Recommendations A motion to recess the public hearing to 8:20pm was made and seconded. A vote was taken, and the motion carried (9-0). Order#164-7:50pm/7:55pm-A transfer request of$1,000,000 from the City's certified free cash balance to be placed in the City's Debt Stabilization Fund Houseman spoke in support of the request. The public hearing was closed and the item was referred back to Committee on Finance and Property. Order#176-8:10pm/8:20pm-CPC Eleventh Round CPA Project Funding Recommendations Chair of the Community Preservation Committee Derek Beckwith presented on the order. The public hearing was closed and the item was referred back to Committee on Finance and Property. Order#181-8:30pm-Approval of an appropriation for$45,000 to be transferred from the Airport Beverly City Council Meeting Minutes June 17,2024 page 3 of 8 Enterprise Fund Beverly Regional Airport Manager Gabriel Hanafin spoke briefly about the groundwater monitoring project. The public hearing was closed and the item was referred back to Committee on Finance and Property. Communications from His Honor the Mayor Order#186-Donation-A $5,000 donation from American Gift Fund. This anonymous donation will benefit the Council on Aging and senior citizens in our community Referred to Committee on Finance and Property. Order#187-A proposed order for the acceptance of portions of Thaxton Road and Old Planters Road, in addition to Cumnock Street, as public ways Referred to Committee on Legal Affairs. Communications from other City Officers and Boards Order#188-Assistant Commissioner of Public Services and Engineering, Eric Barber-Proposed Revisions to City of Beverly Ordinance 249 "Stormwater Management" Referred to Committee on Legal Affairs. Order#189-City Clerk-A request to approve 7 days of Early Voting for the September 3rd State Primary Election. Early voting will take place Saturday August 24 through August 30th at City Hall A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#190-City Clerk-A request to approve the Election Warrant for the September 3,2024, Primary State Election A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#191-Councilor Rotondo-A proposal to amend Ordinance 270-42A regarding parking during certain months Referred to Committee on Legal Affairs. Order#192-City Clerk-An application for a Hawkers and Peddlers License for John Bohn, 26 Arlington Avenue Referred to Committee on Legal Affairs. Order#193-President Flowers-An appointment for Paul Gentile to serve on the Bicycle and Pedestrian Advisory Committee Referred to Committee on Legal Affairs. Order#194-President Flowers-To address some possible changes in our City Council rules Referred to Committee on Legal Affairs. Order#195-Assistant Solicitor Jesse Dole-Grant of Permanent Easement at 643 Hale Street Referred to Committee on Legal Affairs. Beverly City Council Meeting Minutes—June 17,2024 page 4 of 8 Communications,Application and Petitions Order#196-Notice of Availability-Response to public comment-150 Sohier Road A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order# 197-Department of Environmental Protection-Issuance of Chapter 91 Waterways License No. 15580 and License No. 15581. 15 & 43-47A Water Street and 67 Water Street A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order#198-Far from the Tree, Jessica Crescimano-A waiver of Ordinance 113-2A for Far from the Tree at the Beverly Farmer's Market 2024 Referred to Committee on Legal Affairs. Order#199-Old Planters Brewing, Ben Garry-A waiver of Ordinance 113-2A for Old Planters Brewing on August 1 Oth at the Gran Prix of Beverly Referred to Committee on Legal Affairs. 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 8:51pm. The meeting was called back to order at 9:1 Opm. Presentations,Awards and Memorials Planning Director Darlene Wynne gave an update on the work the Planning Department has performed over the last 18 months regarding Chapter 40A Section 3A(MBTA Communities Act) and spoke to a few changes to the zoning ordinance that may be needed and are still being evaluated. Motions and Orders Order#175-Harbormaster, Peter Dickman-Proposed Amendments to the City of Beverly Ordinances, Chapter 124-Boating and Waterways A letter that had been received regarding the order was distributed, and a copy of the letter was placed on file with Order#175 in the Clerk's Office. A motion to approve final passage was made and seconded. Sweeney asked if this was redlined and for a summary of the proposed changes and impact. Dole stated the chapter would be deleted in entirety and replaced as a matter of housekeeping. St. Hilaire expressed concerns that stakeholders who would be impacted were not given an opportunity to weigh in. St. Hilaire also asked about the budget impact. Perry stated it is his understanding that it is not currently in the budget and will probably go into the harbormaster revenue fund but that he would need to confirm with Mr. Ayles. Bowen asked to what extent the Harbor Management Authority was included as stakeholders. Bowen expressed concerns about imposing this immediately since there is a July 1 deadline which would be very soon for anyone to become aware of these changes, let alone meet them. Dole stated the Harbor Management Authority has no jurisdiction under Chapters 90B, 91, and Beverly City Council Meeting Minutes—June 17,2024 page 5 of 8 102. These permits and fees have been required for a long time. Bowen stated she wanted to know how we have heard from people who might have been impacted and addressed their concerns. Bowen asked what process the assessors use now to understand who is habitually moored in Beverly in order to collect excise taxes. Harbormaster Peter Dickman stated all vessels are permitted and the information is sent to the assessors for tax purposes. This revision of ordinances will not change current practices at all, and there will be no changes to the current rules or regulations that are distributed. Dole stated this is a matter of housekeeping and best practice and that he would not expect this would be surprising to a boat owner. A vote was taken on the motion to approve final passage, and the motion carried(7 in favor, 1 opposed-St. Hilaire, 1 abstention-Bowen). Reports of Committees Finance and Property Order#165-A transfer request of$2,000,000 from the City's certified free cash balance to be placed into the City's Road and Sidewalk Capital Fund A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#164-A transfer request of$1,000,000 from the City's certified free cash balance to be placed in the City's Debt Stabilization Fund A motion to approve was made and seconded. A vote was taken, and the motion carried(7-2, Bowen and St. Hilaire). Order#176-CPC Eleventh Round CPA Project Funding Recommendations A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#181-Approval of an appropriation for$45,000 to be transferred from the Airport Enterprise Fund A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#183-Grant-A $1,455,000 grant from US Environmental Protection Agency Clean School Program to purchase eight electric school buses for the Beverly Public School District A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#185-Grants-A$7,200 grant and a Senior SAFE grant for$2,600 from the EOPSS- Department of Fire Services for public fire and life safety initiatives in our community A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#186-Donation-A $5,000 donation from American Gift Fund. This anonymous donation will benefit the Council on Aging and senior citizens in our community A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Legal Affairs Order#171-Reappointment-Amber Redmond to serve on the Conservation Commission A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Beverly City Council Meeting Minutes—June 17,2024 page 6 of 8 Order#174-Reappointment-William Beckman to serve on the Beverly Licensing Board A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#180-Estelle Rand, Director Local Food Collaborative dba Beverly Farmers' Market- Permission to add wine vendors to the Beverly Farmer's Market 2024 A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order#187-A proposed order for the acceptance of portions of Thaxton Road and Old Planters Road, in addition to Cumnock Street, as public ways A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#192-City Clerk-An application for a Hawkers and Peddlers License for John Bohn, 26 Arlington Avenue A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#193-President Flowers-An appointment for Paul Gentile 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#195-Assistant Solicitor Jesse Dole-Grant of Permanent Easement at 643 Hale Street A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#198-Far from the Tree, Jessica Crescimano-A waiver of Ordinance 113-2A for Far from the Tree at the Beverly Farmer's Market 2024 A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#199-Old Planters Brewing, Ben Garry-A waiver of Ordinance 113-2A for Old Planters Brewing on August 1 Oth at the Gran Prix of Beverly A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Public Services Order#169-Reappointment-Nancy Marino to serve on the Beverly Housing Authority A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#170-Reappointments-Barrence Whitfield, Blair Smith and Richard Tabbut to serve on the Beverly Council on Aging A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#172-Appointment-Hugh Howard to serve on the Waste Reduction Committee A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#1 73-Appointment-Sarah Cullinan to serve on the Clean Energy Advisory Committee A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#179-7:30pm-National Grid#30787704-Cabot Street A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Beverly City Council Meeting Minutes—June 17,2024 page 7 of 8 Executive Session A motion to enter executive session pursuant to Massachusetts General Laws ch. 30A, section 21(a)(3) (open meeting law exemption to discuss strategy with respect to collective bargaining when an open meeting may have a detrimental effect on the bargaining position of the public body and chair so declares during the public session)regarding all City collective bargaining units was made and seconded. Flowers declared it would have a detrimental effect to remain in public session. A roll call vote was taken, and the motion carried (9-0). The City Council went into executive session at 10:11pm. Flowers stated the Council would not return to open session and would adjourn from executive session. Beverly City Council Meeting Minutes—June 17,2024 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,June 17, 2024, 7:OOpm Within the Confines of the City Council Meeting Beverly City Hall, 3rd Floor, 191 Cabot St. St. Hilaire called the meeting to order at 8:54pm. Members present: Julie Flowers, Brendan Sweeney, Matthew St. Hilaire Order Date to Description Action Taken Number Committee #116 4/8/2024 2024 Capital Expenditure Plan pursuant to Hold the City i Charter A transfer request of$1,000,000 from the Recommend the #164 6/17/2024 City's certified free cash balance to be Council approve (2-1, placed in the City's Debt Stabilization Fund St. Hilaire opposed) A transfer request of$2,000,000 from the #165 6/17/2024 City's certified free cash balance to be Recommend the placed into the City's Road and Sidewalk Council approve (3-0) Capital Fund #176 6/17/2024 CPC Eleventh Round CPA Project Funding Recommend the Recommendations Council approve (3-0) #177 6/3/2024 Councilors Sweeney and Bowen-A letter Hold regarding second water meters Approval of an appropriation for$45,000 to #181 6/17/2024 be transferred from the Airport Enterprise Recommend the Council approve (3-0) Fund Grant-A$1,455,000 grant from US Environmental Protection Agency Clean #183 6/17/2024 School Program to purchase eight electric Recommend the school buses for the Beverly Public School Council approve (3-0) District Grants-A$7,200 grant and a Senior SAFE grant for$2,600 from the EOPSS- Recommend the #185 6/17/2024 Department of Fire Services for public fire Council approve (3-0) and life safety initiatives in our community Donation-A $5,000 donation from American Gift Fund. This anonymous donation will Recommend the #186 6/17/2024 benefit the Council on Aging and senior g g Council approve (3-0) citizens in our community The meeting adjourned at 9:04pm. Scott D. Houseman-Chair Todd C. Rotondo Kathleen M. Feldman Legal Affairs/City Council Committee of the Whole Meeting Minutes Monday, June 17, 2024,7:00pm Within the Confines of the City Council Meeting Beverly City Hall, 3rd Floor, 191 Cabot St. The meeting was called to order at 8:52pm. Members present: Todd Rotondo, Kathleen Feldman, Scott Houseman Members absent: None Also present: City Solicitor Stephanie Williams and Assistant City Solicitor Jesse Dole Order Date to Description Action Taken Number Committee Councilor Houseman-A letter regarding the #034 1/16/2024 Subcommittee on Legal Affairs initiatives in Hold the new term Proposed Amendments to City Ordinance Bifurcated on Section 15-37 Human Rights Committee; 5/6/24 #101 3/18/2024 Amendments to Modify Committee Member Qualifications Hold Councilor Rotondo-A request to make an #130 4/16/2024 amendment to Ordinance Section 270-66 Hold Downtown Beverly Parking District Reappointment-Amber Redmond to serve on Recommend the #171 6/3/2024 the Conservation Commission Council approve (3-0) Reappointment-William Beckman to serve on Recommend the #174 6/3/2024 the Beverly Licensing Board Council approve (3-0) Estelle Rand, Director Local Food Recommend the #180 6/3/2024 Collaborative dba Beverly Farmers' Market- Council receive Permission to add wine vendors to the Beverly and place on file Farmer's Market 2024 (3-0) #182 6/13/2024 Appointment-Eric Knudsen, 8 Baker Ave. to Hold serve on the Human Rights Committee #184 6/17/2024 Appointment-Braden Willenbrock to serve on Hold the Human Rights Committee A proposed order for the acceptance of portions Recommend the #187 6/17/2024 of Thaxton Road and Old Planters Road, in Council approve addition to Cumnock Street, as public ways (3-0) Assistant Commissioner of Public Services and Engineering, Eric Barber-Proposed Revisions #188 6/17/2024 to City of Beverly Ordinance 249 "Stormwater Hold Management" Order Date to Description Action Taken Number Committee Councilor Rotondo-A proposal to amend #191 6/17/2024 Ordinance 270-42A regarding parking during Hold certain months An application for a Hawkers and Peddlers Recommend the #192 6/17/2024 License for John Bohn, 26 Arlington Avenue Council approve (3-0) President Flowers-An appointment for Paul Recommend the #193 6/17/2024 Gentile to serve on the Bicycle and Pedestrian Council approve Advisory Committee (3-0) #194 6/17/2024 President Flowers-To address some possible Hold changes in our City Council rules Assistant Solicitor Jesse Dole-Grant of Recommend the #195 6/17/2024 permanent Easement at 643 Hale Street Council approve (3-0) Far from the Tree, Jessica Crescimano-A Recommend the #198 6/17/2024 waiver of Ordinance 113-2A for Far from the Council approve Tree at the Beverly Farmer's Market 2024 (3-0) Old Planters Brewing, Ben Garry-A waiver of Recommend the #199 6/17/2024 Ordinance 113-2A for Old Planters Brewing on Council approve August 10th at the Gran Prix of Beverly (3-0) The meeting adjourned at 9:09pm. Hannah L. Bowen-Chair Steven M. Crowley Danielle M. Spang Public Services/City Council Committee of the Whole Meeting Minutes Monday,June 17,2024, 7:OOpm Within the Confines of the City Council Meeting Beverly City Hall, 3rd Floor, 191 Cabot St. Bowen called the meeting to order at 8:52pm. Members present: Steven Crowley, Danielle Spang;Hannah Bowen Order Date to Description Action Taken Number Committee #179 6/17/2024 National Grid-Plan#30787704-Cabot Street Recommend the Council approve (3-0) Meeting adjourned at 8:55pm.