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20240311 City Council Meeting Minutes C I `( _ , RcCE:iV! E Q City of Beverly C I l'r' Regular City Council Meeting 1014 MAR I lI A 10: Z y Public Meeting Minutes Monday, March 11, 2024, 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, Todd Rotondo, Danielle Spang, Matthew St. Hilaire, Brendan Sweeney (arrived at 7:22pm), Julie Flowers Members Absent: None Bowen led the pledge of allegiance. Moment of Silence A moment of silence was held for John Dunn who had served as the CFO/Treasurer and for Robert Munroe, a former Assistant City Solicitor. Comments by Citizens Justin Freedman, 8 Thomas Rd., spoke about progress on the initiative to construct sidewalks on Cross Lane and Boyle Street. Paul Hansen-Mitev, 25 Vine St., read the poem"I Grant You Refuge"written by Hiba Abu Nada. Hansen-Mitev also read from the last Sunday sermon of Rev. Martin Luther King, Jr. and noted that Beverly has acknowledged that racism is a public health issue. Communications from His Honor the Mayor Order 4-075-A transfer of$30,000 from a previously authorized'capital project fund to be placed into a new fund for the purchase of a harbormaster vehicle (set a public hearing) Referred to Committee on Finance and Property. Order#076-Grant-A $1,300 grant from the Commonwealth of Massachusetts MED-Project Drug Stewardship Program to be used for costs surrounding the management and disposal of unwanted household generated opioids in the medical collection receptacle in the Beverly Police Station lobby Referred to Committee on Finance and Property. Order#077-Earmark-A $200,000 earmark from the Massachusetts Marketing Partnership within the Executive Office of Labor and Workforce Development to be used for HVAC improvements and weatherization for the Beverly Public Library Referred to Committee on Finance and Property. Order#078-Earmark-A $100,000 earmark from the Massachusetts Marketing Partnership within the Executive Office of Labor and Workforce Development to be used for HVAC improvements and weatherization for the Beverly Public Library Referred to Committee on Finance and Property. Order#079-Earmark-A $1,000,000 earmark from the United States Department of Housing and Urban Development to support the main library HVAC system replacement and weatherization Referred to Committee on Finance and Property. Order#080-Appointments-Krystal Demaine PH.D., 4 Larcom Avenue, Eric S. Roberts, 32 Dane Street Apt 1L, Becky Blizard 33 Central Street and Lindsay Mae Barth 675C Hale Street to serve on the Beverly Cultural Council Referred to Committee on Public Services. Order#081-Reappointments-Wendy Pearl, 21 Morningside Drive and Mr. John(Jay) Leahy 12 Canter Brook Lane, Hamilton to serve on the Beverly Historic District Commission. A request to also approve a residency waiver for Mr. Leahy. Referred to Committee on Legal Affairs. Order#082-Appointment-Scott Freeman, 3 Oceanside Drive and Lauren DiMarco, 32 Pierce Avenue to serve on the Beverly Harbor Management Authority Referred to Committee on Public Services. Order#083-Appointments-For City of Beverly Representatives-Lisa Chandler, City Engineer, Michael P. Collins, Commissioner, Public Services and Engineering, James Butler, Building Commissioner, Municipal Inspections, David Spidaliere, Conservation Agent, Kenneth Clawson, Assistant Planning Director and Bruce Doig, Director of Parks, Recreation and Community Services. Citizen Representative,Natalie Pommersheim, 50 Boyles Street to serve on the Stormwater Management Advisory Committee Referred to Committee on Public Services. Order#084-Appointment-Ms. Diantha Phothisan, 90 Corning Street#2 to serve on the Economic and Community Development Council Referred to Committee on Public Services. Sweeney arrived at 7:22pm. Order#085-Reappointment-Jonathan Cassidy, 12 Michael Road to serve as constable of the City of Beverly for the express purpose of serving Civil Process Referred to Committee on Legal Affairs. Communications from other City Officers and Boards Order#086-Barbara Wells,Retirement Administrator-Notice of a meeting for the annual consideration and vote for the COLA for retirement members and survivors of the Beverly Retirement System A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order#087-Councilor Spang-A Proposed Amendment to Ordinance 270-49, Handicapped parking on Broadway Referred to Committee on Legal Affairs. Beverly City Council Meeting Minutes—March 11,2024 page 2 of 7 Communications,Application and Petitions Order#088-Notice of Availability-Former Varian Facility Site, 150 Sohier Road-Public Comment Draft Temporary Solution Statement and Phase IV Status Report A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (9-0). Order#089-Steve Barth, Town Manager-A letter to confirm the intent of Danvers to waive payment of the In Lieu-of-Tax fee for fiscal year 2024 in conjunction with the operation of the Beverly Municipal Airport A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order#090-Department of Public Utilities-Notice of filing public hearing and request for comment A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (9-0). Unfinished Business from a Previous Meeting Order#046-Order Proposing Amendments to City Ordinances, Chapters 1,7, 15,26,33,58,69,105,113,124,136,155,192,210,215,227,232,249,253,274,282 striking or amending provisions to: modernize and clarify language; remove obsolete language; correct typos; recognize use of technology; ensure gender neutrality; achieve consistency with city charter provisions and state law or policy; and address constitutionality concerns Flowers stated this item will remain as unfinished business in order to schedule a time for the City Solicitor's Office to talk more fully with the City Council. A motion for a brief recess was made and seconded. A vote was taken, and the motion carried(9- 0). The meeting recessed at 7:28pm. The meeting was called back to order at 7:30pm. Public Hearings Order#047-7:30 PM-National Grid-Petition#30294623-to install electric conduits on Rantoul and Lenox Street and a new 2 Way manhole 935 on Lenox St. The public hearing was opened. Sibhita Mahabier from National Grid was available to speak on the petition and stated this is to facilitate the upgrading of the feeder at that location. There was a brief discussion of traffic management around the work. No members of the public wished to speak on the item. The public hearing was closed and the item was referred back to Committee on Public Services. Order#048-7:40 PM-National Grid-Petition#30665817-to install 1 SO pole on Lothrop Street This order was withdrawn by National Grid. Order#049-7:45 PM-National Grid-Petition#30867397-to install electric conduits on Cabot Street This order was withdrawn by National Grid. Beverly City Council Nfeeting Nfintttes—Nfarch 11,2024 page 3 of 7 A motion to break for committee work was made and seconded. A vote was taken, and the motion carried (9-0). The meeting recessed at 7:37pm. The meeting was called back to order at 7:50pm. Order#050-7:50 PM-National Grid-Petition-#29361213-to install 1 JO Pole on Balch Street The public hearing was opened. No members of the public wished to speak on the item. The public hearing was closed and the item was referred back to Committee on Public Services. Order#051-7:55 PM-National Grid-Petition-#30294624-to install 1 JO pole on Lenox Street The public hearing was opened. No members of the public wished to speak on the item. The public hearing was closed and the item was referred back to Committee on Public Services. A motion for a brief recess was made and seconded. A vote was taken, and the motion carried (9- 0). The meeting recessed at 7:56pm. The meeting was called back to order at 8:00pm. Order#072-8:00 PM-A request for a transfer for$500,000 from the Police Station Construction Capital Project Fund into the Fire Department Capital Fund to pay for repair costs associated with the City's back up ladder truck The public hearing was opened. Finance Director Bryant Ayles stated that in the past few months the finance department has undertaken a bit of housekeeping work and looked at fund balances, so over the next few months the Council will see a few of these transfers to fund capital projects. The mechanism itself is similar to a transfer from free cash, only it is a transfer from existing balances in previously approved and appropriated project funds. In this case, it is coming from what is left over from the police station construction project, from a contingency fund within the project that was underspent. Mr. Perry issued a memo in this regard, and we have been working together to identify a series of these funds that would become available to support other additional capital projects in the city. Fire Chief Peter O'Connor stated this truck failed an inspection, which was surprising since it is one of the newer trucks, and has been out of service. In talking to other chiefs, it sounds like there is a series of years where the steel was not quite what it could have been, so departments are seeing defects in trucks from those years. Unfortunately the warranty is for damage, not corrosion. We are expecting to get another 12 years out of this truck with the new framing. Flowers opened the floor to members of the public. Paul Hansen-Mitev, 25 Vine St., asked, through Council President Flowers, how both of these individuals [fire chief and finance director] make determinations on everything from amortization to when it would be appropriate for a fire truck to be donated to a foreign country. Hansen-Mitev stated he forgot to mention one thing in regard to this concern about the possibility of donation of fire equipment. At this time it is possible that this City Council is being viewed by an employee of The New York Times. Hansen-Mitev stated he has reached out in correspondence to the New England editor of the Times and asked if any member from Council is contacted that they go on the record regarding donations of fire equipment or any other matters that might have been discussed this evening. Hansen-Mitev stated out of fairness he wanted to Beverly City Council Meeting Minutes—March 11,2024 page 4 of 7 make sure that Council was aware that is occurring at this time and stated he looks forward to the answer regarding the charitable efforts of Beverly regarding concerns with other parts of the world and making sure there is appropriate fire suppression. Flowers reflected the question back and asked Chief O'Connor and Mr. Ayles what the process is for declaring a vehicle or piece of city property as surplus and then determining how or when things can be donated or made useful in the next part of their life. Ayles stated he meets fairly regularly with the chief and other members of the administration around the capital expenditure plan and larger investments the city undertakes. We know the inventory that is required by the department and the useful life expectancy of the equipment. The model is structured to best meet that need then layer it into a long-term capital expenditure plan, which looks out ten years. It is subject to change. We have known for a few months about this becoming an issue and had not initially intended to program this $500,000 into capital spending, but it seems the most appropriate use of the funds given the potential cost of a$1.5 million replacement vehicle. O'Connor stated the trucks are built to a NFPA [National Fire Protection Association] standard, and the further you get out from that standard, as the truck gets to be 20-25 years old and the standards are updated, it no longer meets the current standard,then it becomes too expensive to bring the entire vehicle up to the modern code. These vehicles should last 20-25 years, and this vehicle is well short of that. In the case of Engine 6, it was an older truck that was no longer serviceable to the city, did not meet the requirements anymore, and would have taken a lot of money to build it back up. We had the opportunity to send it overseas at no cost to us as a donation. It would not make the same sense to do that with this truck. With Engine 6,there was already a plan in place for its replacement. With this truck,there is no plan in place to replace it for another 12-15 years. In this particular case, it is more beneficial to make the investment to get this vehicle repaired. The public hearing was closed and the item was referred back to Committee on Finance and Property. A motion to break for committee work was made and seconded. A vote was taken, and the motion carried(9-0). The meeting recessed at 8:26pm. The meeting was called back to order at 8:42pm. Reports of Committees Finance and Property Order#072-A request for a transfer for$500,000 from the Police Station Construction Capital Project Fund into the Fire Department Capital Fund to pay for repair costs associated with the City's back up ladder truck A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#-075-A transfer of$30,000 from a previously authorized capital project fund to be placed into a new fund for the purchase of a harbormaster vehicle A motion to set the public hearing for April 1 at 7:30pm was made and seconded. A vote was taken, and the motion carried(9-0). Order#076-Grant-A$1,300 grant from the Commonwealth of Massachusetts MED-Project Drug Stewardship Program to be used for costs surrounding the management and disposal of Beverly City Council Meeting Minutes—March 11,2024 page 5 of 7 unwanted household generated opioids in the medical collection receptacle in the Beverly Police Station lobby A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Legal Affairs Order#044-Appointment-Christian Rivera to serve as constable in the City of Beverly A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#059-Appointments-Jonathan Salt, Jennifer Plowden and Jared Porter to serve on the Bicycle and Pedestrian Advisory Committee A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#062-Reappointments-Dayna Morton and Darlene Wynne to serve on the Parking and Traffic Commission A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#065-City Clerk-A new Livery License application for Alba Boston Limo, LLC located at 283 Cabot Street A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#070-Glovsky Counselors at Law-Anchor Point Project 106-108 Sohier Road-A request for a Quitclaim Deed conveying a parcel of land at the intersection of Sohier and Tozer Roads A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Public Services Order#047-7:30 PM-National Grid-Petition#30294623-to install electric conduits on Rantoul and Lenox Street and a new 2 Way manhole 935 on Lenox St. A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#050-7:50 PM-National Grid-Petition-#29361213-to install 1 JO Pole on Balch Street A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#051-7:55 PM-National Grid-Petition-#30294624-to install 1 JO pole on Lenox Street A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#060-Reappointments-Charles Rehal, Susan Moran, Paul Lantz and Cory Paulette to serve on the Veterans Advisory Council A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#061-Reappointment-Robert Pierce to serve on the Registrars of Voters as the representative of the City Democratic Committee A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#071-Reappointment- John Swain, 60 Rantoul St. and Appointment Ben Hacker, 23 Judson St. to Waste Reduction Committee A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#074-Councilor Bowen and President Flowers-A Letter to the Council Regarding Local Impacts of the Crisis in Gaza and Israel Beverly City Cottncil Meeting ALlimttes—March 11,2024 page 6 of 7 A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). A motion to adjourn was made and seconded. A vote was taken, and the motion carried (9-0). The meeting adjourned at 8:52pm. Beverly City Council Meeting Minutes—March]],2024 page 7 of 7 Matthew J. St. Hilaire-Chair Julie R. Flowers Brendan S. Sweeney Finance and Property/ City Council Committee of the Whole Meeting Minutes Monday, March 11, 2024, 7:OOPM Within the Confines of the City Council Meeting City Council Committee Room, 3"d Floor,Beverly City Hall, 191 Cabot St. The meeting was called to order at 7:39pm. Members present: Julie Flowers, Brendan Sweeney, Matthew St. Hilaire Order Date to Description Action Taken Number Committee A request for a transfer for$500,000 from the Police #072 3/11/2024 Station Construction Capital Project Fund into the Fire Recommend the Department Capital Fund to pay for repair costs associated Council approve (3-0) with the City's back up ladder truck A transfer of$30,000 from a previously authorized capital Recommend the #075 3/11/2024 project fund to be placed into a new fund for the purchase Council set a public of a harbormaster vehicle (Set a public hearing) hearing for April 1 at 7:30 m Grant-A $1,300 grant from the Commonwealth of Massachusetts MED-Project Drug Stewardship Program to #076 3/11/2024 be used for costs surrounding the management and disposal Recommend the of unwanted household generated opioids in the medical Council approve (3-0) collection receptacle in the Beverly Police Station lobby Earmark-A $200,000 earmark from the Massachusetts Marketing Partnership within the Executive Office of #077 3/11/2024 Labor and Workforce Development to be used for HVAC Hold improvements and weatherization for the Beverly Public Library Earmark-A$100,000 earmark from the Massachusetts Marketing Partnership within the Executive Office of #078 3/11/2024 Labor and Workforce Development to be used for HVAC Hold improvements and weatherization for the Beverly Public Library Earmark-A$1,000,000 earmark from the United States Department of Housing and Urban Development to support #079 3/11/2024 the main library HVAC system replacement and Hold weatherization The meeting was adjourned at 7:41pm. The committee meeting was called back to order at 8:28pm. Order#072 came back to committee after the public hearing. The motion to approve was made and seconded. A vote was taken, and the motion was approved (3-0). The meeting adjourned at 8:29pm. Scott D. Houseman-Chair Todd C. Rotondo Kathleen M. Feldman Legal Affairs/City Council Committee of the Whole Meeting Minutes Monday, March 11,2024, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 3rd Floor, Beverly City Hall, 191 Cabot St. The meeting was called to order at 7:39pm. Members present: Todd Rotondo, Kathleen Feldman, Scott Houseman Also present: City Solicitor Stephanie Williams and Assistant City Solicitor Jesse Dole Order Date to Description Action Taken Number Committee Recommend the #032 1/16/2024 Councilors Rotondo and Sweeney-A letter regarding the 2023 Council receive Committee on Legal Affairs ordinance review process and place on file 3-0 Councilor Houseman-A letter regarding the Subcommittee on #034 1/16/2024 Legal Affairs initiatives in the new term Hold Appointment-Christian Rivera to serve as constable in the City Recommend the #044 2/5/2024 of Beverly Council approve 3-0 Appointments-Jonathan Salt, Jennifer Plowden and Jared Porter Recommend the #059 2/20/2024 to serve on the Bicycle and Pedestrian Advisory Committee Council approve 3-0 Reappointments-Dayna Morton and Darlene Wynne to serve on Recommend the #062 2/20/2024 the Parking and Traffic Commission Council approve 3-0 City Clerk-A Livery License renewal application for BAT #064 2/20/2024 Enterprises, LLC located at 19 Beckford Street Held City Clerk-A new Livery License application for Alba Boston Recommend the #065 2/20/2024 Limo, LLC located at 283 Cabot Street Council approve 3-0 Planning Director, Darlene Wynne-Proposed Amendments to the City of Beverly Ordinances Section 113-2 Possession or consumption on public ways, in public places or on private #067 2/20/2024 property; Section 192-61 Sandwich board signs; Section 253-24 Hold Signs, awnings and displays; Section 253-35 Public meetings in streets; temporary stands for selling goods Planning Director, Darlene Wynne-A proposed Interlocal #068 2/20/2024 Agreement for on-demand rideshare service between the City of Hold Salem, Town of Danvers, and the City of Beverly Glovsky Counselors at Law-Anchor Point Project 106-108 Recommend the #070 2/20/2024 Sohier Road-A request for a Quitclaim Deed conveying a parcel Council approve of land at the intersection of Sohier and Tozer Roads (3-0) Reappointments-Wendy Pearl, 21 Morningside Drive and Mr. #081 3/11/2024 John(Jay) Leahy, 12 Canter Brook Lane, Hamilton to serve on Hold the Beverly Historic District Commission as well as a request to approve a residency waiver for Mr. Leahy Reappointment-Jonathan Cassidy, 12 Michael Road to serve as #085 3/11/2024 constable of the City of Beverly for the express purpose of Hold serving Civil Process Councilor Spang-A Proposed Amendment to Ordinance 270-49, #087 3/11/2024 Handicapped parking on Broadway Hold The appointees for Order#059 were present and discussed their objectives and work to advocate for pedestrian and bicycle safety and for improvements that are consistent with best practices. There was also some discussion on collaborative efforts between the Bicycle and Pedestrian Advisory Committee and the Parking and Traffic Commission. Councilors Spang and Bowen joined the meeting at 7:45pm. Houseman stated that Darlene Wynne will come in and make a presentation to the full Council on Order#068 then this order will be taken up. Williams noted per the agreement the rideshare is supposed to be up and running by April 1 st. The meeting recessed at 7:49pm for the 7:50pm City Council public hearing. At 8:29pm the committee meeting was called back to order. Order#070 Andrew Leonard,project manager with Harborlight, stated this is a request for the city to accept conveyance of a small piece of land at the Anchor Point property. Back when the site was zoned, one of the pieces was for the city to work with Haborlight to make some improvements at the intersection of Sohier and Tozer Roads. Since then,the intersection has been updated and part of that agreement was for a piece of land there to be conveyed from Anchor Point LLC to the city, so this is tidying up some work that was done previously. Orders #044, #062, and#065 were approved without discussion. Order#064 Rotondo stated he is waiting for confirmation that the RMV paperwork be updated with the current address. The meeting adjourned at 8:37pm. Beverly City Council Camnittee on Legal Affairs Ableeting Minutes—Nlarch 11,2024 page 2 of 2 Hannah L. Bowen-Chair Steven M. Crowley Danielle M. Spang Public Services/ City Council Committee of the Whole Meeting Minutes Monday, March 11, 2024, 7:OOPM Within the Confines of the City Council Meeting City Council Chambers, 311 Floor, Beverly City Hall, 191 Cabot St. The meeting was called to order at 7:3 8pm. Members present: Steven Crowley, Danielle Spang, Hannah Bowen Order Date to Description Action Taken Number Committee National Grid-Petition#30294623-to install electric conduits Recommend #047 3/11/2024 on Rantoul and Lenox Streets and a new 2 Way manhole 935 the Council on Lenox Street approve (3-0) National Grid-Petition-#29361213-to install 1 JO Pole on Recommend #050 3/11/2024 Balch Street the Council approve (3-0) National Grid-Petition-#30294624-to install 1 JO pole on Recommend #051 3/11/2024 Lenox Street the Council approve (3-0) Appointments-Krystal Demaine PH.D., 4 Larcom Avenue, #080 3/11/2024 Eric S. Roberts, 32 Dane Street Apt 1L, Becky Blizard 33 Hold Central Street and Lindsay Mae Barth 675C Hale Street to serve on the Beverly Cultural Council Appointment-Scott Freeman, 3 Oceanside Drive and Lauren #082 3/11/2024 DiMarco, 32 Pierce Avenue to serve on the Beverly Harbor Hold Management Authority Appointments-For City of Beverly Representatives-Lisa Chandler, City Engineer, Michael P. Collins, Commissioner, Public Services and Engineering, James Butler, Building Commissioner, Municipal Inspections, David Spidaliere, #083 3/11/2024 Conservation Agent,Kenneth Clawson, Assistant Planning Hold Director and Bruce Doig, Director of Parks, Recreation and Community Services. Citizen Representative,Natalie Pommersheim, 50 Boyles Street to serve on the Stormwater Management Advisory Committee Appointment-Ms. Diantha Phothisan, 90 Corning Street#2 to #084 3/11/2024 serve on the Economic and Community Development Council Hold Order#047 was approved after the public hearing. The meeting adjourned at 7:44pm. The committee meeting was called back to order at 8:29pm. Votes were taken after the public hearings to approve Orders#050 and#051. The meeting adjourned at 8:31pm.