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1998-08-037:45 PM #220 A Public Hearing re Bond Order Repairs McKay & Briscoe ($500,000.00) Referred to Finance and Property 7:55PM #224 A Public Hearing re Petition Bell Atlantic-Conduit McKeown School Referred to Public Service and Aid 7:58 PM #225 A Public Hearing re Petition-Boston Gas-Main in Red Rock Lane Referred to Public Service and Aid Regular Meeting of Beverly City Council, August 3, 1998 ROll Call: councilors Present: Flaherty, Martin, McMahon, Murray, Rollins, Van Liere, Gilmore. Councilors Absent: McGlynn, Troubetaris Pledge of Allegiance to the Flag: Led by Councilor Van Liere Acceptance of Minutes of Previous Meeting: Meeting of June 29, f998 Minutes amended 7-0 Vote Appointments: Communications from His Honor the Mayor: #232 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I would request that the Clerk read the attached letter from John Dunn which meets with my approval and that the wheels be set in motion to deal with the two attached orders as rapidly as possible. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Memo from John Dunn Subject: Loan Orders Attached are copies of two forms of loan orders as suggested by Bond Counsel. These orders are for the following capital projects: $250,000 for the purchase of departmental equipment for use by the Public Services and Municipal Inspections Departments. Such equipment will include a bucket loader, a rubbish truck and a cherry picker. This new equipment will replace aging equipment which is proving costly to maintain, requiring both expensive repairs and the cost of renting replacement equipment during the time the old equipment is out of service. 2. $250,000 for repairs and/or replacement of the boilers and heating plant at the High School. This equipment also is aging and has reached the end of its useful life. Both of these projects are planned expenditures in the current Capital Expenditure Plan. I would suggest that these orders be presented to the City council at tonight' s meeting for a first reading and the setting of a public hearing at the first Council meeting in September. Referred to Finance and Property Communications from Other City Officers and Boards: 140 #233 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: It has been brought to my attention that City Hall may close down for a period of time in August due to repair work. If this indeed is true I would like to cordially invite the City Council to hold their full meeting at the Council on Aging. Unless there is an unavoidable conflict, I anticipate that the Center would be available for your use. Please contact me if you wish to hold the Council's meeting at our facility. We would welcome the opportunity to assist the Council. Thank you. Sincerely, Leslee Breen, Director Receive and Place on File 7-0 Vote #234 Frances Macdonald City Clerk 191 Cabot St. Beverly, MA 01915 Dear Ms. Macdonald: I recently spoke with Kathy Connolly, inquiring whether the City Council had had the opportunity to take up the matter of changing the mane of the J. C. Phillips Nature Preserve, as outlined in conservation Commission Chairman David Lang's letter to Council President Peter Gilmore of April 15, 1998. Kathy could not find a copy of the letter in her files, and thus the City Council has likely not yet addressed this matter. Kathy suggested that I send our copy of the letter to you, and request that you let me know the status of this matter. A copy of the letter is enclosed. I can be reached at 978-524-1869. At Mayor Scanlon's request, Wes Ward, Director of Land Conservation for The Trustees of Reservations, brought this matter before the City council at their December 1, 1997 meeting as an informational issue. Since that time, we have brought the matter before the Conservation Commission and discussed it with City Solicitor Handly, who tells us that the City Council must approve of the name change. Please let me know the status of this issue. I look forward to hearing from you. Sincerely, Sarah Cole, Program Assistant for Land Conservation Referred to Leclal Affairs and Accounts #235 Beverly Harbor Management Authority c/o Mr. George Whitney, Chairman Beverly, MA 01915 Dear Harbor Management Authority: I have had the opportunity to review the proposed parking plan that was drawn up for the former McDonald's property and the Glover Wharf marina. I have also visited the site, talked 141 to some residents at the marina and spoke to Mr. Frank Killilea, Director of Engineering for the City of Beverly, who drew up the parking plan. Of utmost concern to me, is the number of existing parking spaces that will be lost by the new proposed parking scheme. In these times when we, the City of Beverly, have been striving to maximize parking at all city owned property, especially water related areas, it seems we are not utilizing this area to the best of our availability by eliminating parking that is presently located inside the fenced area of the Glover Wharf Marina Property. I understand some of your intentions, by talking to Mr. Whitney, are to remove the fence that divides the McDonald's Property and the Marina and install some picnic tables on the concrete apron by the water, and I agree this is a good idea to open that area to all the people. I still believe that the fence could be removed to allow pedestrian access into this area, tables could be installed on the concrete apron area and parking could be maintained at the back of the concrete apron, adding another 10 or more spaces to the proposed parking scheme. These additional spaces could be designated to residents at the marina whose vehicles remain parked for the most part, sometimes not being moved or used for days. Additionally, the City is trying to market the former McDonald's Building, and with the as drawn parking scheme, there would be zero parking spaces designated for this building. We must preserve all the parking spaces that we can and allow residents and visitors the opportunity to visit our waterfront area. Please reconsider eliminating all the spaces that presently exist inside the fenced area of the Glover Wharf Marina, and allow the existing parking at the back of the Marina Property to remain. I would be happy to meet with the Harbor Management Authority and discuss this matter in depth. I have talked to Mr. Killilea and we agree all the parking should be utilized to maximize this area, including some spaces inside the fenced area. Very truly yours, Dennis O Tarsook, Traffic Sergeant Referred to Public Service and Aid #236 Minutes of Beverly Harbor Management Authority meeting July 1, 1998. Referred to Finance and Property #237 Beverly City council Beverly City Hall 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: many of you have probably received inquiries regarding Cost of Living Adjustments (C.O.L.A.) from retired municipal employees. The Retirement Board voted to accept Ch. 17, but as yet, we have no financial data on the appropriation from the Public Employees Retirement Administration Commission (P.E.R.A.C.) as to the specific financial impact of C.O.L.A. Chapter 17 of the Acts of 1997 revised the manner in which C.O.L.A. is granted to public pension retirees. Provisions of Sec. 103 of Ch. 32 are accepted by a vote of the Retirement Board, subject to the approval of the legislative body (City Council). When the provisions of Sec. 103 are accepted, the system (Retirement Board) will establish a funding schedule designated to reduce the additional liability. Most cities and towns have accepted Ch. 17 (ninety out of one hundred four Boards) and retirees are receiving C.O.L.A Beverly, however, is a manual Board (not computerized) and date input at P.E.R.A.C. ( Public Employees Retirement Administration Commission) has not been completed. This compilation of date is the basis of an actuarial report that will enable the system to arrive at an appropriate figure. Until receipt of this information in two or three months, we will not know the specific financial impact of a C.O.L.A. adjustment. 142 There is a bill, H-5683, currently in front of the State Legislature, which allows systems like Beverly another chance at a July C.O.L.A., even if retroactive. To date the Retirement Board has received no information as to the passage of this bill. We will keep you informed of any additional information received from P.E.R.A.C. regarding the actuarial evaluation and/or additional information on H-5683. Sincerely, Louis D. Bennett, Jr., Chairman Referred to Finance and Property #238 Peter Gilmore, Council President Parsons Dr. Beverly, MA Dear Mr. Gilmore: The Beverly Airport Commission respectfully requests a waiver of all inspection fees in its permitting efforts to place a 6,000-gallon above ground portable jet fuel tank at the airport. The abovegound tank will replace a near by 10,000 gallon underground storage tank that the City owns and that General Aviation Services, Inc. leases. The underground storage tank is scheduled to be removed around Labor Day as part of a City tank removal project. The aboveground tank need to be in place before the underground tank is removed as General Aviation Services would still need to service its jet fuel customers. If you have any questions, please call me at 921-6072. Thank you. Sincerely, Robert Mezzetti, Airport Manager Referred to LeGal Affairs and Accounts #239 Honorable Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby submit, for your information, a Call for an Election on September 15, 1998. This Call for the Election delineates the positions contested as well as the polling places for this election. The Board of Registrars and T are looking forward to our first election with the new Accu-Vote machines. Sincerely, Frances A. Macdonald, CMC City Clerk Ordered: That the City Clerk be and is hereby directed to give notice as required by the General Laws that a meeting of the qualified voters of the City of Beverly will be held at the several polling places designated by the City Council on Tuesday, September 15, 1998 to cast their ballot for the nominations for the following: GOVERNOR LT. GOVERNOR ATTORNEY GENERAL SECRETARY TREASURER AUDITOR REPRESENTATIVE 1N CONGRESS COUNCILLOR SENATOR 1N THE GENERAL COURT FOR THE COMMONWEALTH FOR THE COMMONWEALTH FOR THE COMMONWEALTH FOR THE COMMONWEALTH FOR THE COMMONWEALTH FOR THE COMMONWEALTH CONGRESSIONAL DISTRICT 5TH COUNCILLOR DISTRICT 2ND ESSEX SENATORIAL DIST. 143 REPRESENTATZVE ZN THE GENERAL COURT DZSTRZCT ATTORNEY SHERZFF COUNTY COIvlIvlZSSZONER 6th ESSEX REPRESENT. DZST. EASTERN DZSTRZCT ESSEX COUNTY ESSEX COUNTY The Polls at said meeting shall be opened at 7:00 a.m. to 8:00 p.m. and it is further ordered; That in accordance with Chapter 54 of Section 25 of the General Laws and Amendments thereto the following locations are hereby designated by the City Council as Polling Places for the State Primary Election of September 15, 1998 Ward 1, Precinct 1 YMCA Teen Center Balch Street Ward 1, Precinct 2 YMCA Teen Center Balch Street Ward 2, Precinct 1 Beverly Public Library Winter Street Entrance Ward 2, Precinct 2 Beverly Public Library Winter Street Entrance Ward 3, Precinct 1 YMCA Teen Center Balch Street Ward 3, Precinct 2 YMCA Teen Center Balch Street Ward 4, Precinct 1 Cove School Eisenhower Avenue Ward 4, Precinct 2 Beverly Senior Center Colon Street Ward 5, Precinct 1 Second Congregational Church 35 Conant Street Ward 5, Precinct 2 No. Beverly Elementary School Putnam Street Ward 6, Precinct 1 St. 3ohn's Episcopal Church 705 Hale Street Ward 6, Precinct 2 Centerville School 17 Hull Street Given under our hands this Third day of August, 1998 Beverly City Council Receive and Place on File 7-0 Vote #240 Beverly City Council 191 Cabot St. Beverly, MA 01915 RE: Phillips Nature Preserve-Rules and Regulations Honorable Councilors: As you will recall, the Beverly Conservation commission (Commission) submitted a letter to the City Council regarding a request from the Trustees of Reservations(Trustees) to recommend a name change of the JC Phillips Nature Preserve to the Phillips Nature Preserve, and to propose Rules and Regulations for all who utilize the facility. Since the Commission had already submitted a letter to the council regarding the name change, this letter is intended to follow up with the proposed Rules and Regulations for the facility. At the time of the initial letter submitted, the Trustees did not yet have the proposed Rules and Regulations available. Recently, the Commission do receive them and at a meeting of July 21, 1998, the Commission reviewed and suggested several amendments. The Commission voted to approve the proposed Rules and Regulations as amended and to forward them along to the Council for review and final adoption. I have attached a copy for your consideration. Thank you for your attention in this matter. Respectfully submitted, Debra A. Hurlbutt, Asst. Planning Director Referred to Leclal Affairs and Accounts #241 Honorable City Council City Hall Beverly, MA 144 Dear Council, RE: Request for Stop Sign, York Terrace at Patti Rd. We have been asked to look into the possibility of placing a STOP sign on York Terrace at Patti Road. We have investigated this location and determined a STOP sign would be placed on York Terrace coming out onto Patti Road. This location meets the warrants for the placement of a STOP sign and would make the area safer for motorists and pedestrians. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinance of the City of Beverly, we request the following stop sign; ADD: York Terrace, southbound drivers on York Ter. At Patti Rd. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to Leclal Affairs and Accounts #242 Frances Macdonald City Clerk 191 Cabot St. Beverly, MA 01915 Dear Ms. Macdonald: Enclosed herewith are plans which show easement areas necessary to establish drainage and utility easements. Please forward these materials to the city council for all actions necessary and appropriate to effect these takings. Thank you for your assistance. Very truly yours, Marshall J. Handly Referred to Leclal Affairs and Accounts #243 Frances Macdonald, City Clerk 191 Cabot St. Beverly, MA 01915 Dear Ms. Macdonald: Enclosed herewith are plans which show the additional easement areas necessary to permit the repair of existing drainage at Raymond Farms. Please forward these materials to the Council's Committee on Legal Affairs and Accounts for consideration in connection with its consideration of order #204. Thank you for your assistance. Very truly yours, Marshall J. Handly Referred to Leclal Affairs and Accounts #244 Frances Macdonald, City Clerk 191 Cabot St. Beverly, MA 01915 Dear Ms. Macdonald: Enclosed herewith is a proposal from BeliSouth Wireless Data to locate on the City's Water Tank on Brimbal Hill. Please forward this matter to the City Council for attention and appropriate action. 145 Thank you for your assistance. Very truly yours, Marshall J. Handly Referred to Leqal Affairs and Accounts #245 Frances Macdonald, City Clerk 191 Cabot St. Beverly, MA 01915 Dear Ms. Macdonald: Enclosed herewith is a proposal from Bell Atlantic to locate on the City's Water Tank on Folly Hill. Please forward this matter to the City council for attention and appropriate action. Thank you for your assistance. Very truly yours, Marshall J. Handly Referred to Leqal Affairs and Accounts Communications, Applications and Petitions; #246 Citizens Petition relative to noise being generated from Ocean View at Ellis Square Referred to Public Service and Aid #247 Comm. from Joan Chandler re expensed incurred as a result of misinformation obtained from City Engineers. Referred to Leclal Affairs and Accounts #248 Request to purchase City Property by John Horrigan Referred to Finance and Property #249 Claim by Gregory M. Burns for car damage, Pleasant St. Municipal Lot Referred to Leclal Affairs and Accounts #250 Request of North Shore United Way, Inc. to hang banner across Cabot Street Referred to Leclal Affairs and Accounts #251 Request permission for new business to hang sign at 146 Cabot Street-Beverly Holistic Health Center 146 Referred to public Service and Aid #252 Claim-Mary Vergari, 20 Sohier Rd. Referred to LeGal Affairs and Accounts #253 Comm. from Rizzo Associates, Inc. relative to a Response Action Outcome Statement for 583 Cabot Street Referred to LeGal Affairs and Accounts #254 Communication from U. S. Department of Transportation relative to Federal Railroad Administration relative to Environmental impact statement relative to locomotive horns at crossings. Referred to Public Service and Aid #255 Communication from Ward Two Civic Association relative to proposed Blue Line Extension. Referred to Committee of the Whole #256 Communication from Comm. of Mass Dept. of Public Health relative to public health hazard- environmental tobacco smoke Referred to Leqal Affairs and Accounts #257 Communication from Norman Ganley re Standley Street Compost Facility Referred to Public Service and Aid #258 Comm. from Senator Bruce Tarr relative to Major Investment Appropriation Bill Referred to the Committee of the Whole #259 Petition of Mass Electric for pole installation in Cole St. Referred to Public Service and Aid Study #260 re Transportation 147 Petition of Mass Electric for a conduit in Hull Street Referred to Public Service and Aid #261 Comm. from Mass Highway relative to the reconstruction of Rt. 62-Environmental Notification Form Referred to Public Service and Aid Reports from Committees: #220 The Committee on Finance and Property to whom was referred the matter of Loan Order for repairs to McKay and Briscoe Schools have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve a loan order in the amount of Five Hundred Thousand ($500,000.00) dollars as in the enclosed Loan Order for repairs to the McKay (roof and masonry wall) and necessary work at the Briscoe School. ORDERED: that $500,000 is appropriated for remodeling, reconstructing or making extraordinary repairs to the McKay elementary and Briscoe Riddle Schools, consisting of roof and masonry repairs; that to meet this appropriation the Treasurer, with the approval of the Rayor and the Director of Municipal Finance and under the direction of the committee on Finance and Property, is authorized to borrow $500,000 under GL c.44, 7(3A) or Chapter 645 of the Acts of 1948 as amended, and to file an application with the Emergency Finance Board to qualify the bonds under Chapter 44A of Massachusetts General Laws; that the City Treasurer is further authorized to file a certified copy of the loan order and provide such other information and execute such other documents as the Board may require; ant that all bonds or notes issued hereunder shall be certified to in writing as to their genuiness by Fleet National Bank or its successor. First Passage: June 29, 1998 Public Hearing: August 3, 1998 Final Passage: August 3, 1998 Order read once and adopted on a Roll Call Vote Yea: Flaherty, Martin, McMahon, Murray, Rollins, Val Liere, Gilmore Nay: None Absent: McGlynn, Troubetaris #232 The Committee on Finance and Property to whom was referred the matter of Loan Order $250,000 Remodeling and reconstruction and repairs to Beverly High School have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption ORDERED: That the City Council hold a Public Hearing on Tuesday, September 8, 1998 at 7:50 PM in Council Chamber, 191 Cabot Street, Beverly relative to the enclosed Loan Order in the amount of $250,000.00. ORDERED: that Two Hundred Fifty Thousand ($250,000.00) dollars is appropriated for remodeling, reconstructing or making extraordinary repairs to Beverly High School, consisting of boiler repairs and/or replacements; that to meet this appropriation the Treasurer, with the approval of the Mayor and the Director of Municipal Finance and under the direction of the committee on Finance and Property is authorized 148 to borrow $250,000 under G.L. c.44 7(9), and to file an application with the Emergency Finance Board to qualify the bonds under Chapter 44A of Massachusetts General Laws; that the city Treasurer is further authorized to file a certified copy of the loan order and provide such other information and execute such other documents as the Board may require; and that all bonds or notes issued hereunder shall be certified to in writing as to their genuineness by Fleet National Bank or its successor. First Passage: August 3, 1998 Public Hearing: Sept. 8, 1998 Final Passage: Sept. 8, 1998 Order read once and adopted 7-0 Vote #232A The Committee on Finance and Property to whom was referred the matter of Loan Order for purchase of equipment for public service and municipal inspections have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Tuesday, September 8, 1998 at 7:50 PM in Council Chamber, 191 Cabot Street, Beverly relative to the enclosed Loan Order in the amount of $250,000.00. ORDERED: that Two Hundred Fifty Thousand ($250,000.00) dollars is appropriated for the purchase of departmental equipment for the public services and municipal inspection departments: that to meet this appropriation the Treasurer, with the approval of the Mayor and the Director of Municipal Finance and under the direction of the committee on Finance and Property is authorized to borrow $250,000 under G.L. c.44 7(9), and to file an application with the Emergency Finance Board to qualify the bonds under Chapter 44A of Massachusetts General Laws; that the city Treasurer is further authorized to file a certified copy of the loan order and provide such other information and execute such other documents as the Board may require; and that all bonds or notes issued hereunder shall be certified to in writing as to their genuineness by Fleet National Bank or its successor. First Passage: August 3, 1998 Public Hearing: Sept. 8, 1998 Final Passage: Sept. 8, 1998 Order read once and adopted 7-0 Vote #242 The Committee on Legal Affairs and Accounts to whom was referred the matter of Easement-Riverview and Bass Streets have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption ORDERED: That the Mayor be, and the same is hereby authorized to effect the takings of easements as shown on a plan dated June 26, 1998, attached hereto, and to take all steps necessary for that purpose for the consideration awarded for the takings is nominal. Order read once and adopted 7-0 Vote #224 The Committee on Public Service and Aid to whom was referred the matter of Petition-Bell Atlantic for Conduit for McKeown School have considered said matter and beg leave to report as follows, to wit: Recommend the Petition Be Granted Order read once and adopted 7-0 Vote 149 #251 The Committee on Public Service and Aid to whom was referred the matter of Sign: Beverly Holistic Health Center have considered said matter and beg leave to report as follows, to wit: Recommend petition be granted Order read once and adopted 7-0 Vote UNFINISHED BUSINESS: Resolutions: Motions and Orders Meeting Adjourned at 8:35 PM Attest: Frances A. Macdonald C.M.C City Clerk 150