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20211108 City Council Minutes A S= b City of Beverly (aailelf- ) Regular City Council Meeting . Public Meeting Minutes + "r Monday,November 8 2021 P 7:00 m Paul Guanci, City Council President, called the meeting to order at 7:00pm. City Clerk, l'isa P 2: 08 Kent, took the attendance by roll call. Members Present: Stacy Ames, Dominic Copeland, Kathleen Feldman, Julie Flowers, Scott Houseman, Todd Rotondo, Estelle Rand, Paul Guanci Members Absent: Timothy Flaherty Copeland led the pledge of allegiance. Guanci asked everyone to keep the family of Michael O'Donnell in their thoughts and prayers; he passed away last week and was one of the first parking enforcement officers in the City of Beverly and a lifelong resident. Resolutions Order 4204-Councilor Ames- Resolution for Ellis Square Friends. Ames presented the resolution. A representative of the organization thanked the Council for the resolution and for her work with the organization. The motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order-#205-City Council-Resolution for Ward Six Councilor Copeland. Ames, Flowers, Houseman, and Rand presented the resolution together. Houseman recognized Councilor Copeland's service and read a part of the statement he wrote when Councilor Copeland was unanimously selected by the City Council to fill the Ward 6 vacancy. Houseman stated he hopes the Council will continue Councilor Copeland's work. Copeland thanked everyone and stated this is truly what democracy is about. Copeland stated he just wanted the opportunity to make a difference and work for the people. Beverly is a great place, but we can make it greater and make a better tomorrow. We can only make a difference together. The motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). A motion was made and seconded to hold a brief recess. The meeting was called back to order at 7:30pm. Public Hearing Order#190-7:30PM-CPC Fiscal Year 2022 Budget Bryant Ayles, Finance Director, spoke on the process and gave summaries of the fund balances. Ames asked if there were some projects in the pipeline where these dollars might go. Heather Richter, Chair of the Committee Preservation Committee, stated once the budget is approved, then they would move forward with the Round 10 projects. There is a two part application process. Those discussions would take place at the meeting on November 18. Richter stated the Round 9 projects are on the CPC website. Denise Deschamps stated the CPC has received ten pre-applications including community/affordable housing from Harborlight, several open space applications, and a historic preservation application for the Hale House. jRichter noted all categories are covered in applications which is good; they are not all one category. No members of the public wished to speak on the item. Guanci closed the public hearing. The motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). The motion to take Order#184 out of the Public Services Committee was made and seconded. A vote was taken, and the motion carried (8-0). Order#184-Appointment-Mr. Aaron Swiniuch and David Gannon to serve on the Commission for Disabilities. Gannon introduced himself to the Council. The motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Presentations,Awards and Memorials Order#206-David Alden-St. Pierre-Open Space and Recreation Committee Annual update Report 2021. Alden-St. Pierre gave an overview of what the committee has been working on, including an updated Open Space and Recreation Plan which will be submitted to the division of conservation services by August of 2022. The committee continues to work to develop green spaces, water access, easements and acquisitions for the City as well as maintenance and stewardship of current trails and spaces. Alden-St. Pierre stated the committee currently has a Ward 4 vacancy and a Parks and Recreation vacancy. Councilors thanked the committee for their work. The motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Comments by Citizens Anita Deeley,26 Juniper Street, Beverly,MA Deeley spoke about her small farm Beverly Bees that sells local honey, beeswax candles, and eggs and stated their main income is agriculture. The products are sold at a shop in Salem and at farmers' markets across the state. Deeley stated that the roosters are necessary to raise and breed Beverly City Council Meeting Minutes—November 8,2021 page 2 of 5 chickens,protect the flock, and be sustainable. We free-range our chickens on our farm to keep them healthier and happier. Free-range chickens must be outdoors, weather-permitting, for at least six hours a day. Deeley stated the farm is located on a 19-acre property surrounded by woods and conservation land and follows generally acceptable agricultural practices. Chickens are kept in an insulted coop at night. Roosters offer protection for hens and are a normal part of chicken farming in order to be a sustainable farm. Deeley stated that according to state and Beverly zoning laws agriculture is allowed on the property. The Board of Health has stated the farm is not allowed to have more than 36 chickens and expects them to follow the same regulations as those who have chickens as pets. This is unreasonable as it prevents the small sustainable farm from being able to grow and maintain itself financially. Deeley requested being able to present at a future meeting and discuss further. Guanci stated she should speak with Ms. Kent to schedule something at one of the meetings before the end of the year. Andy Varela, 23 Cedar Crest Avenue, Salem, MA Varela, co-owner of Salem's only revenue-producing farm, Maitland Mountain Farm, stated the farm has been around for about ten years, and they had an issue about four years ago in Salem with the building department not recognizing the farm as an agricultural entity. Things have quieted down and we have been able to educate city departments on what the purview of 40A, Section 3 being in agriculture exempt use production by right within the Commonwealth. Going forward, when you look at Massachusetts General Law 111, Section 125A, it clearly states that as long as a farm is following standard practices, they cannot be regulated, or unreasonably regulated. Varela stated he understands there are rules for backyard chickens in residential zones, and that is completely reasonable, but in agricultural production,that is not reasonable. It would E be beneficial for the City Council to be proactive. Varela stated he is a part of Salem's Food Policy Council where they have drafted an agricultural ordinance. Valera stated as the Salem Ward 7 City Councilor-elect, he would like to share it with Beverly, so that going forward we can strengthen laws and protect residents that are trying to tackle food insecurity, feed their community, as well as just feed themselves with the reasonable act of having chickens and growing vegetables. Julie Pottier-Brown Pottier-Brown, Operations Manager of Farm Director Coop, stated she works with both the Deeleys and Maitland Mountain Farm and has worked with other microfarms that become small farms, and then become small businesses. Pottier-Brown encouraged being proactive as to what the City is hoping to support. She stated she is also on the Food Policy Council in Salem trying to pass the urban agriculture ordinance. Somerville is the community that we are following that has successfully done so. Pottier-Brown encouraged cottage industry, farm to fork,proactive and not reactive actions, and looking at what other communities are doing to help pave the way for those coming up. Beverly City Council Meeting Minutes—November 8,2021 page 3 of 5 Acceptance of Minutes of Previous Meeting October 4, 2021 Regular City Council Meeting; October 18, 2021 Regular City Council Meeting; October 25, 2021 Special City Council Meeting; and June 28, 2021 Legal Affairs/Public Services Committee of the Whole Meeting The motion to approve all four sets of minutes was made and seconded. A vote was taken, and the motion carried(8-0). Communications from His Honor the Mayor Order#195-Proposed Ordinance Amendment-Section 69-4 Vacations. jReferred to Committee on Legal Affairs. i Communications from other City Officers and Boards Order#196-Biannual Report for the Beverly Harbor Management Report for April 2021- September 2021 The motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). I Communications,Application and Petitions: Order#197-Petition-National Grid-Plan#29496263-to JO pole on Shortell Avenue. The motion to set the public hearing for Monday,November 22 at 7:30pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#198-Petition-National Grid-Plan# 30397864-to install concrete encased near existing poles on Bow Street and Rantoul Street. E The motion to set the public hearing for Monday,November 22 at 7:45pm was made and seconded. A vote was taken, and the motion carried(8-0). Order#199-Petition-National Grid-Plan#28322468-Railroad Avenue. E The motion to set the public hearing for Monday,November 22 at 8:00pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#200-New England Power Company/d/b/a National Grid-Final Decision approval to construct a new 115 kV Underground Cable in the Cities of Salem and Beverly and a New Switching Station in Salem and to modify Two Existing Substations in Beverly. Referred to Committee on Legal Affairs and Committee on Public Services. Order#201-Department of Environmental Protection Waterways Regulation Program-67 Water Street. The motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Beverly City Council Meeting Minutes—November 8,2021 page 4 of 5 Order 4202- Department of Environmental Protection Waterways Regulation Program 011-47A Water Street. The motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(8-0). Order#203-Boston Gas Company d/b/a National Grid-Notice of Filing and Public Hearing The motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(8-0). The motion to recess for committee work was made and seconded. A vote was taken, and the motion carried 8 0 . The City Council meeting recessed at 8:13 m. ( ) Y g p At 8:23pm the City Council meeting was called back to order from the recess. i Reports of Committees Public Services Order#183-Appointment-Mr. Barrence Whitfield to serve on the Council on Aging. E The motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#186-Appointment-Mr. Kevin Hobin to serve on the Beverly Parks and Recreation Commission. The motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#187-Reappointment-Mr. Kevin Gallant to serve on the Commission for Disabilities. The motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). f Rotondo noted the Veterans Day events coming up this week. Guanci noted the next meeting date and thanked Councilor Copeland for his service. The motion to adjourn was made and seconded. A vote was taken, and the motion carried (8-0). The meeting adjourned at 8:27pm. I Beverly City Council Meeting Minutes—November 8,2021 page 5 of 5 rri -1v Scott D. Houseman-Chair 12 Kathleen M. Feldman Dominic Copeland 1��1 I'G`1 15 0$ LEGAL AFFAIRS / CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES Monday, November 3, 2021 7.00PM Within the Confines of the City Council Meeting City Council Chambers 3rd Floor, Beverly City Hall 191 Cabot St. Houseman called to order the Legal Affairs meeting and Committee of the Whole at 8:16pm. Order Number Date to Committee Description Action Taken #134 6/23/2021 Councilor Houseman-Rodent Management Hold Discussion #182 10/18/2021 Appointment-Ms. Meghan Jones to serve on the Conservation Commission. Hold LATE FILE-Councilor Flowers, Rand and Hold —Meeting will be #193 10/25/2021 Houseman-National Grid Electric Cable on 11/15/2021 Infrastructure i #194 10/25/2021 LATE FILE-Beverly Regional Transmission Hold —Meeting will be Reliability Project N-192 Cable Replacement on 11/15/2021 Houseman held item#182 pending more information. The motion to adjourn the Legal Affairs meeting was made and seconded. A vote was taken, and the motion carried (3-0). The meeting adjourned at 8:18pm. Julie R. Flowers-Chair Todd C. Rotondo Stacy M.Ames 7921 [011 15 P 2: C PUBLIC SERVICES / CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, November 8, 2021 7:OOPM Within the Confines of the City Council Meeting City Council Chambers 3rd Floor, Beverly City Hall 191 Cabot St. Flowers called to order the Public Services meeting at 8:19pm. Order Number Date to Committee Description Action Taken #183 10/18/2021 Appointment-Mr. Barrence Whitfield to serve on Approved 3-0 the Council on Aging. #186 10/18/2021 Appointment-Mr. Kevin Hobin to serve on the Approved 3-0 Beverly Parks and Recreation Commission. #187 10/18/2021 Reappointment-Mr. Kevin Gallant to serve on the Approved 3-0 Commission for Disabilities. #191 10/18/2021 LATE FILE-Councilor Ames-Request for a Hold to 11/29/21 Pickleball court discussion. meeting LATE FILE-Councilor Flowers, Rand and Hold to 11/15/21 #193 10/25/2021 Houseman-National Grid Electric Cable meeting Infrastructure #194 10/25/2021 LATE FILE-Beverly Regional Transmission Hold to 11/15/21 Reliability Project N-192 Cable Replacement meeting The motion to adjourn the Public Services meeting was made and seconded. A vote was taken, and the motion carried (3-0). The meeting adjourned at 8:21 pm.