20221114 Regular City Council Meeting Minutes City of Beverly
Regular City Council Meeting
Public Meeting Minutes 1Ci�? it i ;? I: 02
Monday,November 14, 2022, 6:30pm
City Council Chambers, 191 Cabot St. R -
Julie Flowers, City Council President, called the meeting to order at 6:30pm. City Clerk, Lisa
Kent,took attendance by roll call.
Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman, Scott Houseman,Estelle
Rand, Todd Rotondo, Matthew St. Hilaire, Brendan Sweeney, Julie Flowers
Members Absent:None
Houseman led the pledge of allegiance.
The motion to,under Rule 30 of the Council, suspend Rules 21 and 22 to allow all orders to be
moved on the floor except Orders#270, 276, 278, 282, 283, 288A, 288B, 259, and 259A was
made and seconded. A vote was taken, and the motion carried(9-0).
The motion to take the agenda out of order and go to citizen speakers was made and seconded. A
vote was taken, and the motion carried(9-0).
Comments by Citizens
Stacy Ames,3 Prospect Street, offered comments on behalf of herself and Joyce McMahon on
the mayor's most recent markup on the proposed charter review. Ames expressed concern about
the mayor's opposition to an annual budget meeting being codified in the charter and spoke on
other budget concerns.
Resolution
Order-#285- Council President Flowers, Councilor Bowen, Councilor Sweeney-Resolution
honoring the Naumkeag and Pawtucket bands of the Massachusett
Councilors Flowers, Bowen, and Sweeney read the resolution and presented it to Thomas Green
of the Massachusett Tribe.
Green thanked the councilors for taking these first steps to get to know their indigenous
neighbors.
A motion to approve the resolution was made and seconded. A vote was taken, and the motion
carried(9-0).
The motion for a brief recess was made and seconded. A vote was taken, and the motion carried
(9-0). The meeting adjourned at 6:54pm. The meeting was called back to order at 6:59pm.
Presentations,Awards and Memorials
Order#183-Mayor-Proclamation Endorsing the Working Definition of Anti-Semitism
Established by the International Holocaust Remembrance Alliance
Mayor Michael Cahill read the proclamation and presented it to Rabbi Alison Adler.
Flowers shared a community invitation from the Human Rights Committee to a learning
conversation about anti-Semitism on Wednesday, December 14, from 6:30pm-8pm at Temple
B'nai Abraham.
A motion to approve the proclamation was made and seconded. A vote was taken, and the
motion carried (9-0).
The motion for a brief recess was made and seconded. A vote was taken, and the motion carried
(9-0). The meeting adjourned at 7:1 1pm. The meeting was called back to order at 7:18pm.
Comments by Citizens (continued)
Mr. Sandy Freiberg Kelliher, 63 Lothrop Street, spoke on the issue of water and sewage
billing and his frustration that people with irrigation systems and pools have to pay more in
sewer fees even though that water does not go into the sewer system.
Acceptance of Minutes of Previous Meeting
Regular City Council Meeting October 17, 2022
A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0,
Houseman abstained).
Executive Session
A motion to enter executive session Pursuant to Massachusetts General Laws, Chapter 30A,
Section 21(6) (open meeting law exemption regarding considering the purchase, exchange, lease,
or value of real property if the chair declares that an open meeting may have a detrimental effect
on the negotiating position of the public body), regarding a proposed taking by eminent domain
of 2-4 Cabot Street, Beverly, MA, aka 2 Cabot Street, Beverly, MA, aka 4 Cabot Street, Beverly,
MA and to reconvene into public session afterwards was made and seconded. A roll call vote
was taken, and the motion carried (9-0). The City Council went into executive session at 7:27pm.
The City Council returned to public session at 7:57pm.
Communications from His Honor the Mayor
Order#270-Appointment-Director of Municipal Inspections-Mr. James Butler
Referred to Committee on Legal Affairs.
Order#271-A Grant for $800,000 from the Massachusetts Seaport Economic Council. The City
intends to use this grand funding to purchase the parcel at 2-4 Cabot Street through a friendly
eminent domain. This also requires a transfer of$150,000 from the City's reserve for unforeseen.
A motion to set the public hearing for December 5 at 7:30pm was made and seconded. A vote
was taken, and the motion carried (9-0).
Order#272-A $200,000 earmark from the Division of Conservation and Recreation to build
pickle ball courts at Birch Plains Fields
A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0).
Order#273-A $133,188 FY State Formula Grant from the Executive Office of Elder Affairs to
support operations at the Council on Aging
A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0).
Beverly City Council Meeting Minutes—November 14,2022 page 2 of 5
Order#274-A $25,000 Community One Stop for Growth-Housing Choice Program Grant from
the Baker Polito Administration and the Mass EOHED to be used to study and identify parking
supply related to the City's thriving cultural venues and downtown businesses and the possible
redevelopment of a public parking lot
A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0).
Order#275-A $50,000 donation from the Beverly Rotary Club for the reconstruction and
maintenance of the gazebo in the Beverly Common
Flowers recused herself from the discussion and vote since she is a member of the rotary club.
A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0).
Order#276-Mayor's response to Order 75A proposed amendments to 1995 Beverly Home Rule
Charter
Referred to Committee on Legal Affairs. Flowers asked if the Solicitor's Office could create a
document to show the redlines of the mayor's feedback.
Order#277-A donation of$2,000 from the Friends of the Beverly Library to benefit Nancy P.
Robinson Memorial Endowment Fund to benefit the Beverly Library
A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0).
Order#278-Proposed Order approving the taking by eminent domain of the property at 2-4
Cabot for the purposes of municipal parking and to increase public access to the City's
waterfront
Referred to Committee on Finance and Property.
Order#-279-Proposed Amendment to the Beverly Zoning Ordinance: Various articles related to
building height and inclusionary zoning
A motion to set the public hearing for December 5 at 8:30pm was made and seconded. A vote
was taken, and the motion carried (9-0).
Houseman requested that the councilors be provided with paper copies of the full redline and
clean copy before that meeting.
Communications from other City Officers and Boards
Order#280-City Council 2023 Regular Meeting Calendar
A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0).
Order#281-Finance Director, Bryant Ayles-Approval to use FY2023 appropriated funds toward
the payment of two prior year(FY2022) invoices totaling $22,936.09
A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0).
Order#282-Councilor Bowen-A letter regarding Accessory Dwelling Units
Referred to Committee on Legal Affairs.
Order#283-Assistant City Solicitor Dole-Declare the property of 119 Livingstone Avenue
available for disposition
Referred to Committee on Legal Affairs.
Beverly City Council Nfeeting Minutes—November 14,2022 page 3 of 5
Communications,Application and Petitions
Order#284-National Grid-Plan#30554593-Ober Street-to install beginning at a point
approximately 185 feet southeast of the centerline of the intersection of Elm Top Lane and
continuing approximately 40 feet in an east direction. Install a total of 40ft 2-3 inch conduit from
MH#778-2 to HH#713 on customer's property
A motion to set the public hearing for December 5 at 8:OOpm was made and seconded. A vote
was taken, and the motion carried (9-0).
Order#285-National Grid-Plan WR430639141-Odell Ave-to install beginning at a point
approximately 220 feet southwest of the centerline of the intersection of Whitney Ave and Odell
Ave and continuing approximately 20 feet in a north direction. Install 35ft pole across from 41
Odell Ave.
A motion to set the public hearing for December 5 at 8:1 Opm was made and seconded. A vote
was taken, and the motion carried (9-0).
Order#286-Salem and Beverly Water Supply Board-annual report determining the volume of
water supplied in the cities of Salem and Beverly
The motion to receive and place on file was made and seconded. A vote was taken, and the
motion carried (9-0).
Order 9287-National Grid-Petition to install approximately 8,050 feet of 12 inch, 60 psig plastic
gas main on Hale Street, extending from the existing stub near Cabot to the Regulator Station at
Boyle Street in accordance with the attached plans
A motion to set the public hearing for December 5 at 8:20pm was made and seconded. A vote
was taken, and the motion carried(9-0).
Order#288-Attorney Marshall Handly-Relating to two easements at 114 and 116 Livingstone
Ave. and Porter Terrace LLC
The motion to receive and place on file was made and seconded. A vote was taken, and the
motion carried(9-0).
Order#288A-Attorney Handly-Acceptance of an easement on 114-116 Livingstone Ave.
Referred to Committee on Legal Affairs.
Order#288B-Attorney Handly-Grant an easement to Massachusetts Electric Company at 119
Livingstone Ave.
Referred to Committee on Legal Affairs.
Unfinished Business from a Previous Meeting
Order#259-Councilor Houseman-Special Municipal Employees-Shall be designated"Special
Municipal Employees"
Referred to Committee on Legal Affairs.
Order#259A-Councilor Houseman-Special Municipal Employees-Conflict of Interest
disclosures filed with the Office of the Mayor
Referred to Committee on Legal Affairs.
Beverly City Council Alleeting Minutes—November 14,2022 page 4 of 5
Order#237-Councilor St. Hilaire-A Proposed zoning ordinance amendment to limit new
building projects in the City of Beverly to three stories
St. Hilaire requested this be held given the introduction of other zoning items.
Flowers stated this will be held under unfinished business.
Bowen shared that the Friends of the Beverly Public Library along with colleagues in Peabody
and Lynnfield are hosting an event on November 16 called "Decolonizing Contributions by
Indigenous People"which will be at the Lynnfield Meeting House.
A motion to adjourn was made and seconded. A vote was taken, and the motion carried(9-0).
The meeting adjourned at 8:43pm.
Beverly City Council Meeting Minutes—November 14,2022 page 5 of 5