City Council Minutes 12-07-2020City of Beverly
City Council Regular Meeting
Public Meeting Minutes
Monday, December 7, 2020, 7pm
This meeting was conducted under the `Executive Order Suspending Certain Provisions of the
Open Meeting Law G.L. c.3 OA, §20', signed on March 12, 2020. This remote meeting was held
over Google Meet and live streamed by BevCam. Public access information for the hearings was
provided on the meeting agenda.
Paul Guanci, City Council President, called the meeting to order at 7:00pm over Google Meet.
City Clerk, Lisa Kent, took the attendance by roll call.
Members Present: Stacy Ames, Kathleen Feldman, Timothy Flaherty, Julie Flowers John Frates,
Scott Houseman, Estelle Rand, Todd Rotondo, Paul Guanci
Members Absent: None
Houseman led the councilors in the pledge of allegiance.
Guanci made a statement about the meeting being recorded by the City of Beverly and streamed
by BevCam on channel 99 and BevCam's YouTube channel. He confirmed that all members
present could hear him and noted the remote meeting format and process due to Covid -19.
Guanci read Rule 22 of the Beverly City Council. He introduced a vote to allow items to be
taken out of committee and voted on the floor. Kent took a roll call vote and the motion carried
(9 -0). Guanci read the guidelines for hearings.
Michael Cahill, Mayor, spoke about the process of looking for a new Fire Chief. Deputy Fire
Chief Peter O'Connor rose to the top of the list of candidates and is deeply and widely respected
within the community and in city departments. Cahill recognized Chief Cotter for his leadership
and the time spent mentoring Deputy O'Connor. Cahill asked for the Council's support in his
appointment tonight.
Peter O'Connor thanked Chiefs Cotter and Pierce for all they did to lay the foundation; he said it
is a great department and thank you for all the support received so far.
Flaherty commended the mayor for recommending Peter O'Connor and said it was great to
recognize someone in house who has done a lot in his professional career, and this also helps
others in the Fire Department know that they can rise up to be chief.
Public Hearings
7:15PM -Order #243- Petition- National Grid Plan and Verizon Petition to locate poles, wires
and fixtures, including the necessary sustaining fixtures along and across County Way.
Michael Byrne from National Grid spoke to the item saying it is for the intersection and a lane
reconfiguration at Cabot Street and Dodge Street and they need to put in a support fixture.
Beverly City Council Meeting Minutes — December 7, 2020, page 1 of 9
Feldman asked if the work was only above ground and if Verizon equipment is currently on the
pole now.
Byrne stated that the work is above ground and he believes Verizon is already on the pole.
Houseman asked if this is a double standing pole or a new free standing pole.
Byrne stated it is a new free standing pole.
The public hearing was closed.
A roll call vote was taken, and the petition was approved (9 -0).
7:20PM -Order #240- CPC recommending out of cycle funding for the Gruppe mural project as
proposed by the Beverly Public Services Department.
Cahill spoke to the project and noted that the mural from McDonald's is being moved to the
library. The mural was safely removed and sent to Williamstown, MA for restoration.
Catherine Barrett, Director of Grants, spoke to the item stating that Emily Hutchings and Mike
Collins worked on this project, and the facility in Williamstown was going to start charging rent
on storing the mural, so they did an out -of -cycle application for the Community Preservation
Committee. She said they managed to complete the grant together within 24 hours.
Emily Hutchings, Assistant Director of Planning, talked about the project, stating the amount
before the Council tonight should cover the rest of the gap in the funding needed to complete the
project.
Flaherty said this is a great use of CPC funds. It was created for opportunities like this, so good
work on everybody's part for pulling this grant together.
Derek Beckwith, the Planning Board representative to the CPC, spoke to the project and noted
the exceptional work that Commissioner Collins and the whole team from the Department of
Public Services did on removing the full wall. Hopefully the mural will be hung by October for
the public to see.
Houseman thanked the city staff for their work as well and appreciated the donation for this
project.
The public hearing was closed.
A roll call vote was taken, and the petition was approved (8 -0, Rand abstained- due to
technology issues with the virtual meeting her vote was not heard).
7:30PM -Order # -241- Proposed ordinance Amendment Chapter 26 -14 Salary & Expenses of
the Council Members.
Order # -241A- Proposed ordinance Amendment Chapter 69 -12 Unclassified Salaries.
Order # -241B- Proposed ordinance Amendment Chapter 58 -1 Budget Management Analyst.
Gerry Perry, City Council Budget Analyst, introduced Alan Temkin, Chair of the Elected Salary
Review Committee, who spoke on the committee's work with the Collins Center for Public
Management for this project, which included research into the history of the salaries of the
Beverly Mayor's Office, School Committee, and City Council; a comparative analysis of the
salaries of other like -sized communities; recommendations for an appropriate salary for the
positions studied as well as a formula to be used at the beginning of each term for salaries; and a
proposed ordinance. The committee also reviewed current Beverly department head salaries,
school department salaries, and information from the Department of Revenue.
Flaherty asked when the last time there was an increase for any of the salaries.
Beverly City Council Meeting Minutes — December 7, 2020, page 2 of 9
Temkin stated twenty five years ago, 1995, was the last time there was an increase for the city
council. The school committee had one increase between then and now. The mayor's salary has
been increasing for the past couple of years with the final increase scheduled for 2021.
Rotondo asked what the total amount of the increase would be.
Perry stated if the council supports all the recommendations, then in FY22 it would be $25,000
because it would be for 6 months of the fiscal year. In FY23 it would be $50,000.
Ames said this is a very professional report and it was the right thing to do to pull a consultant in.
She thanked everyone for their effort. She asked where the money would come from.
Perry stated it would come out of the general fund and he didn't see any issue with being able to
afford this. It is less expensive than the salary increases for all other city staff. He noted it is
important to recognize this is for the future councilors, school committee members, and mayor; it
will be for those who are elected the next time. If the council does not approve the proposed
changes tonight, then they can't be reviewed again for at least two years, and that wouldn't kick
in until 2024. This was an independent review that was data driven. This is for the protection of
the institution of these positions. The jobs have dramatically changed in 25 years, and it's
important to make sure they are properly compensated.
Ames said she understands and thinks this is important work and generally absolutely the right
thing to do. Over ten years, it's a half a million dollars. Bus drivers in this city operate heavy
equipment and transport our most precious commodity. She stated these need to happen, but she
has a commitment to the people who have the least amount of power in this city. She asked
where this money will come from.
Perry said the dollars will come from the general fund off the tax levy. There is one further
explanation that may give some ease in the policy making process. If the council approves the
raises, they can always cut the budget appropriation for the raises if it seems necessary in the
future. If they don't approve the raises now, it can't be done for four years. He still strongly
recommends adoption.
Ames asked for the exact line item it would come from and what exactly would be cut for these
increases to be made. She asked him as the budget analyst to look and say exactly what would be
cut.
Perry stated he does not have an answer for that right now. He can give an answer when they
have numbers for the year. When it comes time to budget, they will make a balanced budget.
Flowers said she appreciates the time and effort of the committee and the report very much and
the recognition of the value of these positions. She compared it to the COLA rate increase for
retirees that she couldn't vote for because of the timing as the pandemic was beginning. With
both of these things, she feels they should be done and are very important, but she has a hard
time with the idea of voting for them during this time.
Rand asked Mary Flanders Aicardi for her perspective since she has seen other communities go
through this working with the Collins Center.
Aicardi noted that the school committee or council amounts can be absorbed by a vacancy in any
position. The big jump is the mayor's salary. There are big differences in salary for mayors and
town administrators, but you do want to compare it to other municipalities. She echoed what Mr.
Perry said about adopting it now and then deciding as they look at the budget each year if they
want to actually fund it or not. It can be adopted as the mechanism for how to move forward, and
the council can decide how to budget it. Just like with union employees, the vote is on a
classification system, not on individual salaries.
Beverly City Council Meeting Minutes — December 7, 2020, page 3 of 9
Houseman said no one really runs for city council or school committee for the money. He noted
in the report that town managers /administrators have much higher salaries than mayors, but they
have substantially the same responsibilities. He asked why that is or if that is something that the
committee looked at.
Aicardi stated that the committee did struggle with this and with making it attractive enough to
become mayor when they could apply elsewhere. She noted that although a lot of the work is the
same, the position of mayor is a political position that does not have requirements like a master's
degree or prior experience like appointed town administrator or town manager positions can
have. The question was if the committee should be comparing the salary to other mayors or to
the region, like is done for department heads. It requires looking at both the numbers and the
culture. The committee looked internally at the fact that department heads are being paid more
than the chief executive. She said fairness is important within an organization.
Houseman noted he wants someone to run for mayor not for the salary but because they want the
job. Department heads may always earn more than the mayor's position.
Temkin noted that they looked at the opportunity to attract the right people that want to run for
the position and can manage a 155 million dollar budget adequately. Positions of public safety
and public works are commonly paid higher than a mayor, but even with the next scheduled
increase in the mayor's salary, they would still be paid more.
Flaherty stated he had his reservations, given the times, approving these increases, but some
good points were made that the council can move forward but not give the increase during the
budget time. This gives us a mechanism to work with and a better structure to move forward for
the City.
Guanci agreed that it is about the mechanism. It will be for the council that is sworn in January
2022. It would be good to put it in place and let the council decide then.
Ames expressed her gratitude to the committee and the thought and professionalism involved.
She asked if there is a way to push it out 12 months.
Perry noted that due to the charter requirements it cannot be pushed out 12 more months, but it is
a process, and the money does not have to be appropriated even if this is approved.
Guanci asked Mr. Perry for confirmation that this already would not go into effect for 12 months.
Perry stated if it was adopted tonight, it could be reviewed during the budget in June, and it
would still not kick in until January of 2022.
Guanci asked for clarification on if the increase was put to January 1, 2023, then that would be a
sitting council approving their own raise, which cannot be done.
Perry said he thought that would be the council voting for their own raises but that would be
more of a legal question for the solicitor.
Aicardi said she thought they could now vote for it to be effective July 1, 2022, as long as this
council voted it for the next session of councilors.
Stephanie Williams, City Solicitor, noted that an ordinance would need to be adopted before the
end of the year for the next session of elected officials. She noted that in the charter when it
comes to setting salary, there is a "shall" for the mayor and a "may" for the councilors and
school committee. The charter is clear that it would go into effect on January 1 and does not
contemplate mid -year increases.
Flowers said she appreciates the work of the committee but does not know about the timing.
Guanci opened it to members of the public, but there were none with comments on this item.
Houseman motioned to receive and place on file orders 241, 241A and 24113. Ames seconded.
Flaherty asked if it had to be voted tonight or if it could be held for two weeks.
Beverly City Council Meeting Minutes — December 7, 2020, page 4 of 9
Williams said it could be voted tonight or in two weeks because the legal ad was posted already.
Guanci said it can be held to the 21st if Councilor Flaherty chooses.
Flaherty asked if the other councilors would want to do that and said that would give them a little
more time.
Feldman said she appreciated City Solicitor Williams being on this call. Waiting to look at the
fine print of putting the mechanism in place is worth the time.
Houseman withdrew his motion.
Guanci said the item will be held to 12/21. He asked Mr. Perry if the committee could be
dissolved since their work was complete.
Perry said yes, but they had a quick administrative action first. The Elected Salary Review
Committee accepted the minutes from their November 10, 2020 meeting. He thanked the
committee for their work and the Elected Salary Review Committee's meeting was adjourned.
Williams stated if the council between now and the next meeting wants more information it
would be helpful to actually have some clarity on what the question is and have the council vote
on what question they would like the law department to address. She said the charter does not
talk about putting a mechanism in place; it talks about passing an ordinance setting an amount of
the salaries for elected officials. A question would need to be actually formulated and posed if
the council wants an opinion December 21.
Rand motioned to close public hearing. Rotondo seconded. A roll call vote was taken, and the
motion carried (9 -0).
Guanci asked to go out of order to dissolve the committee. Houseman moved to take Order #269
out of order. Rand seconded. A roll call vote was taken, and the motion carried (9 -0).
Communications, from other City Officers and Boards
Order #269- Council President - Dissolution of the Elected Salary Review Commission
Ames moved to approve the dissolution. Flowers second. A roll call vote was taken, and the
motion carried (9 -0).
Acceptance of Minutes of Previous Meetings: November 23, 2020
Rotondo moved to approve. Ames seconded. A roll call vote was taken, and the motion carried
(9 -0).
Communications from His Honor the Mayor
Order #256- Grant - $44,000 Community Compact Cabinet IT Grant to upgrade the City's
network backup infrastructure
Catherine Barrett said this will help protect our data and enhance our security.
Flowers moved to approve Order 9256. Rand seconded. A roll call vote was taken, and the
motion carried (9 -0).
Order #257- Grant - $75,000 Accelerating Climate Resiliency Grant for citywide tree planting
initiative
Emily Hutchings said the grant is to plant 70 trees in locations around the city, specifically areas
that are impacted by heat island effect.
Cahill noted that Ms. Barrett is the best grant director around and thanked Ms. Hutchings for the
work she does with Planning. There was a storm where the city lost 124 mature trees around the
city in three hours, so it is exciting to have the opportunity to plant more.
Beverly City Council Meeting Minutes — December 7, 2020, page 5 of 9
Houseman asked about the size of trees and locations.
Hutchings noted she could get that information to councilors.
Cahill said he could ask for a brief letter to be read into the record on the 21 st about the trees and
locations for the public.
Ames thanked the City for the work on this project that will affect her ward.
Ames moved to approve order #257. Feldman seconded. A roll call vote was taken, and the
motion carried (9 -0).
Order #258- Grant - $40,000 Edward Byrne Memorial Justice Assistance Grant to purchase
equipment for the Police Department
Barrett noted that typically the City gets about $20,000 for this grant. It was not offered last year,
but this year the City received $40,000.
Richard Russo, Captain from Beverly Police Department, stated this would be going towards
some much.needed equipment for their department.
Rotondo moved to approve Order #258. Flowers seconded. A roll call vote was taken, and the
motion carried (9 -0).
Order #259- Grant - $37,908.57 Municipal Road Safety Program Grant for traffic enforcement
campaigns to reduce vehicle crashes
Russo said this would cover enforcement, equipment, education, and training.
Feldman moved to approve Order #259. Ames seconded. A roll call vote was taken, and the
motion carried (9 -0).
Order #260- Donation - $1,000 from Cummings Properties for the Fire Department
O'Connor thanked the Cummings Center for the generous donation.
Feldman moved to approve Order #260. Rotondo seconded. A roll call vote was taken, and the
motion carried (9 -0).
Order #261- Grant - $2,654 from FM Global Fire Prevention for the Fire Department to purchase
photoelectric /carbon monoxide detectors
Rand moved to approve Order #261. Rotondo seconded. A roll call vote was taken, and the
motion carried (9 -0).
Order #262- Appointment -Mr. David Alden -St. Pierre, 179 Dodge Street, to the Conservation
Commission
Referred to Committee on Legal Affairs.
Order #263- Reappointment -Mr. Mark Casey, 16 Chapman Street, to the Parks and Recreation
Commission
Referred to Committee on Public Services.
Order #264- Reappointment -Mr. Donald Neuman, 26 Washington Street, to the Beverly Harbor
Management Authority
Referred to Committee on Public Services.
Beverly City Council Meeting Minutes — December 7, 2020, page 6 of 9
Order #265- Appointment -Mr. Rodney Sinclair, 15 Devon Avenue, to the Planning Board
Referred to Committee on Legal Affairs.
Order #266- Reappointments -Ms. Ellen Flannery, 30 Conant Street; Mr. Wayne Miller, 5
Pasture Road; and Mr. Zane Craft, 1 Emily Way, to the Planning Board
Referred to Committee on Legal Affairs.
Order #267- Reappointment -Ms. Nancy Dillon, 4 Middle Street, to the Waste Reduction
Committee
Referred to Committee on Public Services.
Order #274- Reappointments - Mr. Paul Trefly, 43 Glidden Street; Mr. Paul Bean, 7 Dartmouth
Street; Mr. Peter Gentile, 47 Middlebury Lane; Mr. Matthew Mozur, 8 Prince Place, Danvers;
and Mr. Aaron Henry, 1 Sylvan Street, Danvers to the Beverly Airport Commission
Referred to Committee on Public Services.
Late File Order #276 - Proposed Appropriations for Fiscal Year 2021
Houseman moved to accept late file. Flowers seconded. A roll call vote was taken, and the
motion carried (9 -0).
Houseman moved to set the public hearing for Monday, December 21 at 7:15pm. Feldman
seconded. A roll call vote was taken, and the motion carried (9 -0).
Communications, from other City Officers and Boards (continu
Order #268- Council President - Candidates for Ward 6 Councilor - information available through
City Clerk's Office
Guanci held until the end of the meeting.
Order #270- City Clerk - Amusement License Renewals
Referred to Legal Affairs.
Order #271- City Clerk -Class 1, 2, 3 Motor Vehicle License Renewals
Referred to Legal Affairs.
Late File Order #275- Finance Director - Approval of FY2021 funds toward prior year
unemployment related costs within the school department.
Rand moved to accept the late file. Flowers seconded. A roll call vote was taken, and the motion
carried (9 -0).
Feldman asked if the number requested is minus the fraudulent claims.
Bryant Ayles, Finance Director, stated they are paying the gross amount and they are expecting
to be able to recoup a significant amount of the fraudulent claims. This amount effectively
represents the level of fraudulent claims that were filed.
Rand asked if this is being counted under COVID -19 expenses.
Ayles said there are portions of these claims that are COVID related and they will be accounted
for accordingly.
Rand asked where the other claims can be seen that are being counted as COVID-19 to see what
COVID -19 is covering for unemployment and what the City is having to cover.
Beverly City Council Meeting Minutes — December 7, 2020, page 7 of 9
Alyes said typically for this time frame in a given year, they would expect about $25,000 in
unemployment.
Ames moved to approve Order #275. Flowers seconded. A roll call vote was taken, and the
motion carried (9 -0).
Late File Order #277- Councilor Feldman -Deed of any Right, Title and Interest in 20' Strip of
land located on Woodland Road by City of Beverly
Flowers moved to accept the late file. Rand seconded. A roll call vote was taken, and the motion
carried (9 -0).
Feldman stated the City Solicitor's Office has advised that this would be in the best interest of
the City.
Houseman moved to approve Order #277. Rand seconded. A roll call vote was taken, and the
motion carried (9 -0).
Communications, Applications, and Petitions
Order #272- Historic District Commission- Certificate of Non - Applicability -20 -2
Flowers moved to receive Order #272 and place on file. Rand seconded. A roll call vote was
taken, and the motion carried (9 -0).
Order #273- National Grid - Notice of Rate Increase Public Hearings
Flowers moved to receive Order #273 and place on file. Ames seconded. A roll call vote was
taken, and the motion carried (9 -0).
Motions and Orders
Order #239 - Proposed order Amending Ordinance- "Add Handicapped parking signs ".
Houseman moved to accept the amended_ ordinance. Ames seconded. A roll call vote was taken,
and the motion carried (9 -0).
Order #247 - Proposed Ordinance Amendment Chapter 113 -2 (C) concerning Alcoholic
Beverages.
Houseman moved to approve. Flowers seconded. A roll call vote was taken, and the motion
carried (8 -0, Rotondo recused himself).
Order #248 - Proposed ordinance Amendment Chapter 192 -61 "Sandwich board signs ".
Flowers moved to approve. Ames seconded. A roll call vote was taken, and the motion carried
(8 -0, Rotondo recused himself).
Reports from Committees
Committee on Legal Affairs
Order #238 - Communication -City Clerk- Renewal of Lodging House Licenses
Ames moved to approve. Feldman seconded. A roll call vote was taken, and the motion carried
(9 -0).
Committee on Public Services
Order #250- Appointment of Mr. Matthew Bilotti to serve of the Cable TV Advisory Committee
Ames moved to approve. Feldman seconded. A roll call vote was taken, and the motion carried
(9 -0).
Beverly City Council Meeting Minutes — December 7, 2020, page 8 of 9
Order #251- Reappointments of Rachel Poor, Caroline Baird Mason, and Ellen Flannery to serve
on Design Review Board
Ames moved to approve. Flowers seconded. A roll call vote was taken, and the motion carried
(9 -0).
Order #252- Reappointinent of Jerry Guilebbe to serve on the Veterans Advisory Committee and
reappointment and waive of residency requirements for Ron Genest
Rand moved to approve. Flowers seconded. A roll call vote was taken, and the motion carried (9-
0).
Order #254 - Appointment of Peter O'Connor to serve as Chief of Fire Department
Ames moved to approve. Flowers seconded. A roll call vote was taken, and the motion carried
(9 -0).
Order #268- Candidates for Ward 6 Councilor
Frates thanked all the well - wishers. He said the compensation is not the reason; it's the
fulfillment. He asked those voting to keep in mind the interest of Ward 6, then he recused
himself and left the meeting (9:45pm).
The following candidates introduced themselves to the Council and spoke to their interest in the
position of Ward 6 Councilor and their experience:
Derek Beckwith
Ralph Coluntino
Dominic Copeland
Paul Lanzikos
James Carnazza
Medley Long III
Dane Poeske
Kent Sinclair
Matt St. Hillaire
John Tamilio III withdrew his application.
Guanci said the vote to fill the Ward 6 vacancy will be held on December 21.
There will also be a special meeting with the School Committee on December 17 to fill a
vacancy on the School Committee (Ward 2).
Houseman motioned to adj ourn. Flowers seconded. A roll call vote was taken, and the motion
carried (8 -0, Frates absent). The meeting adjourned at 10:37pm.
Beverly City Council Meeting Minutes — December 7, 2020, page 9 of 9