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20230403 Regular City Council Meeting Minutes City of Beverly Regular City Council Meeting Public Meeting Minutes Monday, April 3, 2023, 7:OOpm ? ;; 12, ;', I k ( y City Council Chambers, 191 Cabot St. Julie Flowers, City Council President, called the meeting to order at 7:OOpm. City Clerk, Lisa Kent, took attendance by roll call. Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman (left at 8:O1pm), Scott Houseman, Matthew St. Hilaire, Brendan Sweeney, Estelle Rand, Julie Flowers Members Absent: Todd Rotondo Rand led the pledge of allegiance. Flowers noted that National Grid requested an extension on getting information the Council had asked for regarding the petition, so members of the public could speak during the 8:OOpm public hearing if they were here to speak on that, but the hearing would be recessed so National Grid could have more time as requested. Presentations, Awards and Memorials Erin Altman from Green Beverly spoke about the climate crisis and shared information from the most Intergovernmental Panel on Climate Change (IPCC) report. Acceptance of Minutes of Previous Meeting Regular City Council Meeting-March 3, 2023 Legal Affairs Committee Meeting-March 20, 2023 Public Services Committee Meeting-March 20, 2023 Legal Affairs Committee Meeting-March 27, 2023 Finance and Property Committee Meeting-March 27, 2023 A motion to approve was made and seconded. A vote was taken, and the motion carried (8-0). Communications from His Honor the Mayor Order 9079-Transfer-$216,786 from FY2023 Reserve for Unforeseen and $191,964 from Reserve for Collective Bargaining for a total transfer of$408,750 into the Police Department budget as a result of the recently agreed upon Beverly Police Patrolman contract Referred to Committee on Finance and Property to set a public hearing. Order#080-Donation-$2,500 from Rotary Club to Police Department for officers' equipment Referred to Committee on Finance and Property. Order#081-Donation-$2,500 from Rotary Club to Fire Department for dive equipment Referred to Committee on Finance and Property. Order#082-Appointment of Nathaniel Cramer, 33 Pine St., Stoneham, MA to serve on Board of Assessors Referred to Committee on Finance and Property. Order#083-Appointment of Francis Golden, 5 Wells Rd., Reading, MA to serve as Chief Assessor and Chairman of Board of Assessors Referred to Committee on Finance and Property. Order#084-Appointment of Brenda Wong Murphy, 15 Bertram St.,to Beverly Cultural Council Referred to Committee on Public Services. Order#085-Reappointment of Bryant Ayles, Director of Municipal Finance,to serve on the Beverly Retirement Board Referred to Committee on Finance and Property. Order#086-Reappointment of Darlene Wynne as Director of Planning and Development Referred to Committee on Legal Affairs. Order#087-Reappointment of Mindy D'Ippolito, 20 Odell Ave. and Hannah Elementary School Principal Gabrielle Montevecchi to serve on the Human Rights Committee Referred to Committee on Legal Affairs. Communications from other City Officers and Boards Order#088-President Flowers-A letter of recommendation for the salary increase of the Assistant City Clerk Referred to Committee on Finance and Property. Order#089-City Clerk-Taxi/Livery License renewal application for BAT Enterprises LLC, 498 Elliott Street Referred to Committee on Legal Affairs. Order#090-City Clerk-Taxi/Livery License for a new vehicle for Bass River Inc., 437 Essex Street Referred to Committee on Legal Affairs. Communications,Applications and Petitions Order#091-Beverly Main Streets, Lindsay Barth, Executive Director-An application for the 1 Oth annual Block Party to be held on July 29, 2023 Referred to Committee on Legal Affairs. Order#092-Varian/APTIM-Response to City Council February 6, 2023 Public Comment, Phase III Remedial Action Plan, Mass DEP Site#3-0485 A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#093-Notice of Availability-Final Phase II Comprehensive Site Assessment Addendum. Former Varian Facility Site, 150 Sohier Road A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#094-Notice of Availability-Response to Comments Phase III Summary. Former Varian Facility Site, 150 Sohier Road Beverly City Council Meeting Minutes—April 3,2023 page 2 of S A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#095-Notice of Availability-Public Comment Draft Revised Phase III Remedial Action Plan. Former Varian Facility Site, 150 Sohier Road A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (8-0). Order#096-Notice of Availability-Public Comment Draft Partial Phase IV Remedy Implementation Plan. Former Varian Facility Site, 150 Sohier Road A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(8-0). Unfinished Business from a Previous Meeting Order#075-Alexander&Femino-Rezoning of Property at 8 Summit Avenue from RMD to CC A motion to set the public hearing for May 1 at 8:00pm was made and seconded. A vote was taken, and the motion carried (8-0). A motion to break for committee work was made and seconded. A vote was taken, and the motion carried (8-0). The meeting recessed at 7:18pm. The meeting was called back to order at 7:30pm. Public Hearings Order#068-7:30pm-National Grid Plan#30648523 to install conduits encased in concrete and all appurtenances from Pole#3124 to the property of 105 Sam Fonzo Drive The public hearing was opened. Michael Kazadi from National Grid was available for questions. Feldman asked if the portion of the sidewalk that was going to be dug up was paved and if it would be restored to its original condition. Kazadi stated he didn't think it was paved, but if it was it would be restored. 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. A motion to break for additional committee work was made and seconded. A vote was taken, and the motion carried(8-0). The meeting recessed at 7:34pm. The meeting was called back to order at 7:45pm. Public Hearings (Continued) Order#071-7:45pm-Transfer-$188,036 from the Reserve for Union Negotiations 11324/57810 into the Police Department as a result of the recently agreed upon superior officer's contract Beverly City Council Meeting Minutes—April 3,2023 page 3 of 5 The public hearing was opened. Finance Director Bryant Ayles noted that the contract was for FY22 through FY24, so this would be for retroactive pay, an educational incentive, and other adjustments. Budget Analyst Gerry Perry recommended approval of the transfer. 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. Order#287-8:00pm-National Grid-Petition to install approximately 8,050 feet of 12inch, 60 psig plastic gas main on Hale Street, extending from the existing stub near Cabot Street to the regulator station at Boyle Street(Public hearing continued from December 5, 2022, December 20, 2022, January 3, 2023, January 17, 2023, March 20, 2023 meetings) Flowers stated that National Grid was still gathering information the Council had requested and that National Grid had asked the Council for more time. No members of the public wished to speak on the item. The motion to recess the hearing to April 18 at 8:30pm was made and seconded. A vote was taken, and the motion carried (8-0). A motion to break for committee work was made and seconded. A vote was taken, and the motion carried (8-0). The meeting was recessed at 8:01pm. Feldman left during the break for committee. The meeting was called back to order at 8:04pm. Reports of Committees Public Services Order#068-National Grid Plan#30648523 to install conduits encased in concrete and all appurtenances from Pole#3124 to the property of 105 Sam Fonzo Drive A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Legal Affairs Order#070-Reappointment-Mr. William Finch, 50 Front Street to serve on the Beverly Historic District Commission A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#089-City Clerk-Taxi/Livery License renewal application for BAT Enterprises LLC, 498 Elliott Street A motion to approve on the condition that the applicant signs the tax statement was made and seconded. A vote was taken, and the motion carried (7-0). Order#090-City Clerk-Taxi/Livery License for a new vehicle for Bass River Inc., 437 Essex Street A motion to approve on the condition that the applicant submit a certificate of liability insurance Beverly City Council Meeting Minutes—April 3,2023 page 4 of 5 was made and seconded. A vote was taken, and the motion carried (7-0). Order'#091-Beverly Main Streets, Lindsay Barth, Executive Director-An application for the 1 Oth annual Block Party to be held on July 29, 2023 A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order 4072 Amendment to Beverly Ordinance Section 15-18 "Building and Other Facilities Planning and Construction Committee" Kent read the proposed ordinance amendment. A motion to approve the first reading was made and seconded. A vote was taken, and the motion carried (5-2, Bowen and Flowers opposed). Finance and Property Order#071-Transfer-$188,036 from the Reserve for Union Negotiations 11324/57810 into the Police Department as a result of the recently agreed upon superior officer's contract A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Order#079-Transfer-$216,786 from FY2023 Reserve for Unforeseen and $191,964 from Reserve for Collective Bargaining for a total transfer of$408,750 into the Police Department budget as a result of the recently agreed upon Beverly Police Patrolman contract A motion to set a public hearing for April 18 at 8:15pm was made and seconded. A vote was taken, and the motion carried(7-0). Order#088-President Flowers-A letter of recommendation for the salary increase of the Assistant City Clerk A motion to approve was made and seconded. A vote was taken, and the motion carried (7-0). Rand chaired the meeting since Flowers was going to recuse herself on the next two votes as a member of the Rotary Club. Order#080-Donation-$2,500 from Rotary Club to Police Department for officers' equipment A motion to approve was made and seconded. A vote was taken, and the motion carried (6-0, Flowers recused herself). Order#081-Donation-$2,500 from Rotary Club to Fire Department for dive equipment A motion to approve was made and seconded. A vote was taken, and the motion carried (6-0, Flowers recused herself). A motion to adjourn was made and seconded. A vote was taken, and the motion carried (7-0). The meeting adjourned at 8:18pm. Beverly City Council Meeting Minutes—April 3,2023 page 5 of 5 Scott D. Houseman-Chair Julie R. Flowers Matthew J. St. Hilaire FINANCE AND PROPERTY/CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, April 3, 2023 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 3`1 Floor, Beverly City Hall, 191 Cabot St. Houseman called the meeting to order at 7:19pm. Members present: Julie Flowers, Matthew St. Hilaire, Scott Houseman Also present: Budget Analyst Gerard Perry and Paralegal Dylan Benson Order Date to Description Action Taken Number Committee Earmark from the Economic Development Legislation signed by #315 12/20/2022 Governor Baker$200,000 for the installation of solar panels at Held Beverly High School Transfer-$188,036 from the Reserve for Union Negotiations #071 3/20/2023 11324/57810 into the Police Department as a result of the recently Approved(3-0) agreed upon superior officer's contract #073 3/20/2023 Councilor Houseman-City Streets,National Grid Gas Installations, Held and Order 287 Transfer-$216,786 from FY2023 Reserve for Unforeseen and Set public #079 4/3/2023 $191,964 from Reserve for Collective Bargaining for a total hearing for transfer of$408,750 into the Police Department budget as a result 4/18/23 at of the recently agreed upon Beverly Police Patrolman contract 8:15pm(3-0) #080 4/3/2023 Donation-$2,500 from Rotary Club to Police Department for Approved(2-0, officers equipment Flowers recused) #081 4/3/2023 Donation-$2,500 from Rotary Club to Fire Department for dive Approved (2-0, equipment Flowers recused) Appointment of Nathaniel Cramer, 33 Pine St. Stoneham MA to #082 4/3/2023 serve on Board of Assessors Held #083 4/3/2023 Appointment of Francis Golden, 5 Wells Rd., Reading, MA to serve as Chief Assessor and Chairman of Board of Assessors Held Reappointment of Bryant Ayles Director of Municipal Finance to #085 4/3/2023 serve on the Beverly Retirement Board Held President Flowers-A letter of recommendation for the salary #088 4/3/2023 increase of the Assistant City Clerk Approved (3-0) Flowers recused herself from the vote on Orders#080 and#081 because she is a member of the Rotary Club. Perry stated that Order#315 is being held because funding for solar panels were not needed for the high school but the administration is seeing if the earmark could be changed to be used for solar panels for the new police station. The motion to adjourn Committee on Finance and Property was made and seconded. A vote was taken, and the motion passed(3-0). The meeting adjourned at 7:29pm. Estelle M. Rand-Chair Todd C. Rotondo Brendan S. Sweeney LEGAL AFFAIRS/CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES Monday, April 3, 2023, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 311 Floor, Beverly City Hall, 191 Cabot St. Rand called the meeting to order at 7:19pm. Members present: Brendan Sweeney, Estelle Rand Members absent: Todd Rotondo Also present: City Solicitor Stephanie Williams Order Date to Description Action Taken Number Committee #282 11/14/2022 Councilor Bowen-A letter regarding Accessory Dwelling Units Held #089 4/3/2023 City Clerk-Taxi/Livery License renewal application for BAT Approved 2-0 Enterprises LLC, 498 Elliott Street with condition #090 4/3/2023 City Clerk-Taxi/Livery License for a new vehicle for Bass Approved 2-0 River Inc., 437 Essex Street with condition Beverly Main Streets, Lindsay Barth, Executive Director-An #091 4/3/2023 application for the IOth annual Block Party to be held on July Approved 2-0 29, 2023 Order#089 Williams stated the application is not complete because the tax section of the form is not signed. A motion to conditionally approve upon receipt of signature pertaining to the payment of taxes by the applicant was made and seconded. A vote was taken, and the motion passed (2-0). Order#090 Williams noted there are taxi licenses and livery licenses, not one taxi/livery license. This one does not have any proof of insurance. A motion to conditionally approve upon submission of certificate of insurance in compliance with Section 274- 15C was made and seconded. A vote was taken, and the motion passed(2-0). The motion to adjourn the Committee on Legal Affairs for the 7:30pm City Council public hearing was made and seconded. A vote was taken, and the motion passed (2-0). Rand called the meeting back to order at 7:35pm. Order#091 Williams clarified this is a request for a waiver from Section 113-2 of the city ordinance. The vote should specifically reference that is being waived. They will still need to get the one-day liquor license through the licensing board who would have their own conditions. A motion to grant a waiver was made and seconded. A vote was taken, and the motion passed (2-0). The motion to adjourn Committee on Legal Affairs was made and seconded. A vote was taken, and the motion passed (2-0). The meeting adjourned at 7:41pm. Kathleen M. Feldman-Chair Hannah L. Bowen Steven M. Crowley PUBLIC SERVICES/CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, April 3, 2023 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 311 Floor, Beverly City Hall, 191 Cabot St. Feldman called the meeting to order at 7:36pm. Members present: Hannah Bowen, Steven Crowley, Kathleen Feldman Order Date to Description Action Taken Number Committee #326 12/20/2022 Councilor Bowen-Regarding Beverly Regional Airport Held National Grid Plan#30648523 to install conduits #068 3/6/2023 encased in concrete and all appurtenances from Pole Approved(3-0) #3124 to the property of 105 Sam Fonzo Drive A motion to adjourn was made and seconded. A vote was taken, and the motion passed (3-0). The meeting adjourned at 7:37pm.