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20220502 Regular City Council Meeting Minutes City of Beverly Regular City Council Meeting Public Meeting Minutes Monday, May 2, 2022, 7:00pm City Council Chambers, 191 Cabot St. Julie Flowers, City Council President, called the meeting to order at 7:00pm, City Clerk, Lisa Kent, took attendance by roll call. Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman, Scott Houseman, Estelle Rand, Todd Rotondo, Brendan Sweeney, Julie Flowers Members Absent: Matthew St. Hilaire Sweeney led the pledge of allegiance. A moment of silence was held for Robert Pieroni. Comments by Citizens Michelle Curreri, 3 Eagle Lane, read a land acknowledgement. Communications from His Honor the Mayor Order#135-Grant-$70,040 grant from MassDOT for the removal and replacement of fencing at Beverly Airport Referred to Committee on Finance and Property. Order#136-Grant-$14,480 grant from MassDOT for completion of a noise analysis model and report of Beverly Airport Referred to Committee on Finance and Property. Order#137-Grant-$59,000 grant from the U.S. Department of Transportation and Federal Aviation Administration for costs related to operations,personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens at the airport and debt services Referred to Committee on Finance and Property. Order#138-Transfer of$208,760 from the Water Enterprise Fund to cover project costs associated with the Standley Street water main work Referred to Committee on Finance and Property. Order#139-Grant-$20,500 from the Massachusetts Cultural Council to support the local cultural council Referred to Committee on Finance and Property. Order#140-Appointment-William Cosmas, 32 Washington Street to serve on the Zoning Board of Appeals Referred to Committee on Legal Affairs. Communications from other City Officers and Boards Order#122-Councilor Rotondo-Biannual report for the Beverly Harbor Management Authority A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#123-City Clerk-Application for an Ice Cream Truck Vending Permit for Steven Wright, 116 Collins Street, Danvers Referred to Committee on Legal Affairs. Order#124-City Clerk-A letter requesting the City Council Meeting scheduled for June 20th be changed to June 27th due to the Juneteenth Federal Holiday and City Hall closure A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#125-City Clerk-Renewals for a Second Hand Junk Dealers License for 2022 Referred to Committee on Legal Affairs. Order# 126-City Clerk-Application Renewal for a Pawnbrokers License for Nyan Group, Inc. d/b/a/Cash Point, 135 Cabot Street Referred to Committee on Legal Affairs. Order#127-City Clerk-Renewals for Petroleum Storage Registrations for 2022 Referred to Committee on Legal Affairs. Order#128-Councilor Rotondo-Proposed Ordinance Amendment regarding City Clerk, Assistant City Clerk/Clerk of committee's salaries Referred to Committee on Legal Affairs. Order#129-Councilor Rotondo-Proposed Ordinance Amendment Salaries of the Mayor, City Council and School Committee Referred to Committee on Legal Affairs. Order#130-Chief LeLacheur-Review the Class II Motor Vehicle license of Alba Auto, 449 Cabot Street Referred to Committee on Legal Affairs. Order#131-Bryant Ayles-Approval to pay prior year invoices from FY2022 totaling $271.64 Referred to Committee on Finance and Property. Order#132-President Flowers-Appointment-Jordan Stutt, 113%2 Bridge Street,to serve on the Clean Energy Advisory Committee Referred to Committee on Public Services. Order#141-Planning Director, Darlene Wynne-Beverly Ordinance Section 113-2(C) Possession or consumption on public ways, in public places or a private property, and Section 192-61(E) Sandwich Board signs of the City Ordinance concerning Alcoholic Beverage and Signs Referred to Committee on Legal Affairs. Communications,Application and Petitions Order#133-National Grid-Plan# 30390943-A Petition to construct a line of underground electric conduits marked Cabot Street Referred to Committee on Public Services. Order#134-National Grid-Plan#21195878-A Petition to construct a line of underground electric conduits marked Bayberry Lane Beverly City Council Meeting Minutes—Allay 2,2022 page 2 of 6 Referred to Committee on Public Services. The motion to break for committee was made and seconded. A vote was taken, and the motion carried(8-0). The meeting recessed at 7:30pm. The meeting was called back to order. Public Hearings Order#121-7:45 PM-National Grid Plan 3044124 1-Railroad Ave. No members of the public wished to speak on the item. The hearing was closed, and the item was referred to Committee on Public Services. Order#111-8:00 PM-Transfer of$90,000 into the Department of Public Services Fund Budget to fund costs associated with the recently settled contracts between the City and DPS Workers & Foreman Unions No members of the public wished to speak on the item. The hearing was closed, and the item was referred to Committee on Finance and Property. The motion to break for committee was made and seconded. A vote was taken, and the motion carried(8-0). The meeting recessed at 8:06pm. The meeting was called back to order. Order#075-8:15 PM-Charter Review Report (Continued from the 4-4 and 4-19 City Council Meetings) Euplio Rick Marciano, 141 McKay St., spoke about Sections 7-8 and 7-9. Marciano stated the 20%threshold in the citizens' initiative measures is not reasonable at all. The 2021 municipal election had 27%turnout, and the municipal primary had 7% so these are undue requirements and pressure. Marciano suggested lowering it. Stacy Ames stated the Charter Committee did an admirable job and that it was a very collaborative process. Ames stated the Collins Center drafted the language and suggested as a best practice the part about having a pre-budget hearing. Ames also expressed concerns about the mayor as the procurement officer and the process of choosing an audit firm. Julie DeSilva, 201 Elliott St., expressed disappointment at the letter that was submitted at the last hearing and stated it missed the mark. Many of those who signed it did not reach out to Mr. Flaherty, come to the Charter Committee meeting, or speak during the public hearing. They also were not given full information. The new language does give more power to the City Council in the audit process. Lorinda Visnick, 39 Middlebury Lane, stated she is not speaking as a representative of the School Committee. There is a recommendation to increase the membership of the School Committee, and if current and previous School Committee presidents have said there is a need, then hopefully the City Council will listen. Visnick spoke regarding the audit process stating that it is about avoiding even appearances of impropriety. Visnick also emphasized the importance of the Council's role relating to the school budget and having checks and balances. The hearing was closed, and the item was referred to Committee on Legal Affairs. Beverly City Council Meeting Minutes—May 2,2022 page 3 of 6 Reports from Committees Committee on Finance & Property Order#105-City Clerk-Hawkers and Peddlers license for Katie Lewis, The Cozy Supply Co., 4 Alden Road A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#106-Delphine's Kitchen-Gina Ferace-Approval of outdoor seating for three small 2 person bistro tables A motion to grant the license if in compliance was made and seconded. A vote was taken, and the motion carried(8-0). Order#111-Transfer of$90,000 into the Department of Public Services Fund Budget to fund costs associated with the recently settled contracts between the City and DPS Workers & Foreman Unions A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#112-Assistant Finance Director Position A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#120-Councilor Houseman-Invitation to Mayor and Finance Director Ayles to attend the April 28th Finance &Property Meeting A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(8-0). Order#123-City Clerk-Application for an Ice Cream Truck Vending Permit for Steven Wright, 116 Collins Street, Danvers A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#131-Bryant Ayles-Approval to pay prior year invoices from FY2022 totaling $271.64 A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#135-Grant-$70,040 grant from MassDOT for the removal and replacement of fencing at Beverly Airport A motion to set the public hearing for May 16 at 7:30pm was made and seconded. A vote was taken, and the motion carried(8-0). Order#136-Grant-$14,480 grant from MassDOT for completion of a noise analysis model and report of Beverly Airport A motion to set the public hearing for May 16 at 7:40pm was made and seconded. A vote was taken, and the motion carried (8-0). Order#137-Grant-$59,000 grant from the US Department of Transportation and Federal Aviation Administration for costs related to operations,personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens at the airport and debt services A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#138-Transfer of$208,760 from the Water Enterprise Fund to cover project costs associated with the Standley Street water main work(set public hearing) A motion to set the public hearing for June 6 at 7:40pm was made and seconded. A vote was Beverly City Council Meeting Minutes—May 2,2022 page 4 of 6 taken, and the motion carried(8-0). Order#139-Grant-$20,500 from the Massachusetts Cultural Council to support the Local Cultural Council A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Committee on Legal Affairs Order#125-City Clerk- Renewals for a Second Hand Junk Dealers License for 2022 A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order# 126-City Clerk-Application Renewal for a Pawnbrokers License for Nyan Group, Inc. d/b/a/Cash Point, 135 Cabot Street A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#127-City Clerk-Renewals for Petroleum Storage Registrations for 2022 A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#129-Councilor Rotondo-Proposed Ordinance Amendment Salaries of the Mayor, City Council and School Committee A motion to set the public hearing for June 6 at 7:20pm was made and seconded. A vote was taken, and the motion carried (8-0). Committee on Public Services Order#121-National Grid Plan 3044124 1-Railroad Ave. A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#109-Appointment-Beverly Golf& Tennis Commission-Ms. Judith Cronin,33 Middlebury Lane A motion to approve was made and seconded. A vote was taken, and the motion carried(8-0). Order#110-Appointment-Parks and Recreation Commission-Ms. Robin DiDonato, 51 Parramatta Road A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#113-Councilor St. Hilaire-Request for a Public Service Committee public forum regarding the usage of Pete's Park in Centerville and to also conduct a review of the city's park rules and permitting processes A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#132-President Flowers-Appointment-Jordan Stutt, 113%2 Bridge Street to serve on the Clean Energy Advisory Committee A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Order#133-National Grid-Plan# 30390943- A Petition to construct a line of underground electric conduits marked Cabot Street (set a public hearing) A motion to set the public hearing for May 16 at 7:45pm was made and seconded. A vote was Beverly City Council Meeting Minutes—May 2,2022 page 5 of 6 taken, and the motion carried (8-0). Order#134-National Grid-Plan#21195878-A Petition to construct a line of underground electric conduits marked Bayberry Lane (set a public hearing) A motion to set the public hearing for May 16 at 7:50pm 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 9:18pm. Beverly City Council Meeting Minutes—Allay 2,2022 page 6 of 6 Scott D. Houseman-Chair Julie R. Flowers Matthew J. St. Hilaire FINANCE AND PROPERTY/CITY COUNCIL COMMITTEE OF THE WHOLE Monday, May 2, 2022 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 31 Floor, Beverly City Hall, 191 Cabot St. Order Date to Description Action Taken Number Committee Councilor Houseman-Letter regarding the #024 1/18/2022 Financial Forecast Committee H #024A 4/4/2022 Councilor Houseman-Financial Forecast H Committee Councilor Bowen and Councilor Houseman- #058 2/22/2022 Rodent infestation in downtown and other H nei hborhoods Councilor Houseman-A letter to meet with #060 2/22/2022 Finance&Property for discussion on the H budget #062 2/22/2022 Councilor Houseman-National Grid Cable H Transmission Project #064 2/22/2022 Councilor Houseman-Rodent Control H #112 4/19/2022 Assistant Finance Director Position A 2-0 Councilor Houseman-Invitation to Mayor and #120 4/19/2022 Finance Director Ayles to attend the April RPF 2-0 28th Finance &Property Meeting #131 5/2/2022 Finance Director Bryant Ayles-Prior Year A 2-0 Invoices from FY2022 Mayor-Grant of$70,040 from MassDOT for Set a P/H for 5-16 at #135 5/2/2022 the removal and replacement of fencing at 7:30 PM Beverl Air ort. Transfer needed of$17,510 Mayor-Grant for$14,480 from MassDOT for #136 5/2/2022 completion of a noise analysis model and Set a P/H for 5-16 at report of Beverly Airport. Transfer needed of 7:40 PM $3,620. Mayor-Grant of$59,000 from the US A 2-0 #137 5/2/2022 Department of Transportation and Federal Aviation Administration for costs at the airport. Mayor-A Transfer of$208,760 from the water #138 5/2/2022 Enterprise Fund to cover project costs Set a P/H for 6-6 at associated with the Standley Street water main 7:40 PM work. Mayor-Grant-$20,500 from the Massachusetts #139 5/2/2022 Cultural Council to support the Local Cultural A 2-0 Council. At 7:36 PM the meeting was called to order by Chair Houseman, also present was President Flowers, Grants Director, Catherine Barrett and Finance Director Bryant Ayles. Councilor St. Hilaire was absent. A small discussion on Order#131 took place with Ms. Barrett explaining that it is common to need a match for grant like this one at the airport. Chair Houseman asked about order#137 and Ms. Barrett let the committee know this is the third Covid precaution related grant received by the airport. Meeting adjourned at 7:44 PM. Estelle M. Rand-Chair Todd C. Rotondo Brendan S. Sweeney LEGAL AFFAIRS /CITY COUNCIL COMMITTEE OF THE WHOLE MEETING Monday, May 2, 2022 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 31 Floor, Beverly City Hall, 191 Cabot St. Order Date to Description Action Taken Number Committee Councilor Rotondo-Amendment to Chapter 270- #056 2/22/2022 Section 37A "Bicycle lanes shall be created in the A 3-0 following locations" ' Public hearing #075 3/7/2022 Tim Flaherty, Charter Review Committee Final Report continued 5/2/2022 at 8:15 m #079 3/7/2022 City Solicitor-Process for local approval of home rule H petition to amend the City's 1995 Home Rule Charter #105 4/4/2022 City Clerk-Hawkers and Peddlers license for Katie A 3-0 Lewis, The Cozy Supply Co., 4 Alden Road #106 4/4/2022 Delphine's Kitchen-Gina Ferace-Approval of outdoor A 3-0 seating for three small 2 person bistro tables City Clerk-Application for an Ice Cream Truck Vending #123 5/2/2022 Permit for Mr. Steven Wright, 116 Collins Street, A 3-0 Danvers City Clerk-A letter requesting the City Council meeting #124 5/2/2022 scheduled for June 20t'be changed to June 27th due to RPF 3-0 the Juneteenth Federal holiday and City Hall will be closed. #125 5/2/2022 City Clerk-Renewals for a Second Hand Junk Dealers A 3-0 License for 2022 City Clerk-Application renewal for a Pawnbrokers #126 5/2/2022 License for,Nyan Group, Inc. d/b/a Cash Point, 135 A 3-0 Cabot Street. #127 5/2/2022 City Clerk-Renewals for Petroleum Storage registrations A 3-0 for 2022. Councilor Rotondo-Proposed Ordinance Amendment #128 5/2/2022 regarding City Clerk, Assistant City Clerk and Clerk of A 3-0 Committees salaries. Councilor Rotondo- Proposed Ordinance Amendment Set a P/H for 6-6 at #129 5/2/2022 regarding the Mayor, City Council and School 7:20 PM Committee. #130 5/2/2022 Chief LeLacheur-Review the Class II Motor Vehicle H license of Alba Auto, 449 Cabot Street. Planning Director, Darlene Wynne-Beverly Ordinance Section 113-2 ( C ) Possession or consumption on #141 5/2/2022 public ways, in public places or a private property, and A 3-0 section 192-61 ( E) Sandwich board signs of the City Ordinance concerning Alcoholic Beverage and Signs. Kathleen M. Feldman-Chair Hannah L.Bowen Steven M. Crowley PUBLIC SERVICES / CITY COUNCIL COMMITTEE OF THE WHOLE Monday, May 2, 2022 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 31 Floor, Beverly City Hall, 191 Cabot St. Order Date to Description Action Taken Number Committee Councilor Rotondo and Councilor Crowley- #033 2/7/2022 Consideration request to hold a Public Service forum H to address the flooding in Ward 1 and Ward 3 Councilor Crowley-Request to hold a Public #037 2/7/2022 participation forum for a Public Service Committee H Meeting regarding Varian Site at 150 Sohier Road #062 2/22/2022 Councilor Houseman-National Grid Cable H Transmission Project #062A 4/4/2022 Councilor Houseman-National Grid Transmission H Cable Project letter #064 2/22/2022 Councilor Houseman-Rodent Control H National Grid New England Power Company Petition Public hearing #065 2/22/2022 for Transmission Line Franchise continues 5/16/2022 at 8:00 m Councilor Rotondo-Consideration of naming the #104 4/4/2022 Harbor Master Building in honor of Harbormaster H Daniel McPherson Appointment—Beverly Golf& Tennis Commission- #109 4/19/2022 Ms. Judith Cronin, 33 Middlebury Lane A 3-0 #110 4/19/2022 Appointment-Parks and Recreation Commission-Ms. A 3-0 Robin DiDonato, 51 Parramatta Road President Flowers-Appointment Mr. Jordan Stutt, 113 #132 5/2/2022 %2 Bridge Street to serve on the Clean Energy A 2-0 Advisory Committee. National Grid—Plan#30390943-A Petition to Set a P/H for 5-16 at #133 5/2/2022 construct a line of underground electric conduits 7:45 PM. marked Cabot Street. National Grid—Plan#21195878-A Petition to Set a P/H for 5-16 at #134 5/2/2022 construct a line of underground electric conduits 7:50 PM marked Bayberry Lane. At 7:34 PM Chair Feldman called the meeting to order, also present were Councilor Crowley, Councilor Bowen and National Grid representative Sibhita Mahabier: Meeting adjourned at 7:45 PM.