1998-09-087:50 PM #231 A Public Hearing re Bond Order Repairs to Beverly High School ($250,000.00)
Referred to Finance and Property
7:55PM #231A A Public Hearing re Bond Order Purchase of Equipment for Public Service and
Municipal Inspections Dept. ($250,000.00)
Referred to Finance and Property
Regular Meeting of Beverly City Council, September 8, 1998
Roll Call: All Councilors were present
Pledge of Allegiance to the Flag: Led by Councilor McGlynn
Acceptance of Minutes of Previous Meeting:
Meeting of August 3, 1998 9-0 Vote
Appointments:
Communications from His Honor the Mayor:
#262
Honorable City Council
City Hall
Beverly, MA 01915
Re: Overview of FY 1997-98
Dear Honorable Council:
You have all received in late July detailed financial
information on last fiscal year's results from the MUNIS
System. Tonight is my first opportunity to speak with
you regarding those results. Should you have further
questions beyond my comments tonight, John Dunn or I will
be happy to try to answer them.
You, of course, realize that the final word regarding
last year or any year rests with the audit prepared by
our outside auditors. The audit is currently underway
but not yet complete.
Subject then to final audit, I am pleased to tell you
that for last year revenues were better than e:ipected
primarily because of strong excise tax collections on
vehicles which trace back to robust new car sales as well
as a supplemental and unanticipated distribution of
lottery aid and also to modest favorable revenue
variances in many departments.
At the same time on expenditures both the City side and
School side show modest six figure favorable expenditure
variances. Indeed this fact was very helpful in being
able to put before you a balanced budget for the new
1998-99 fiscal year. We were able to prepay certain
expenditures for 1999 including, for example, the
purchase of six new police cruisers and certain special
education tuitions. After those adjustments it is our
expectation, again subject to audit, that the City's Unreserved
General Fund Balance will improve by approximately one-
half million dollars. This news is good news but this
number is indeed modest when one recognizes that it
represents less than one week's cost of running the City
of Beverly.
151
I would also like to make a number of observations
regarding the administrative side of the City. The new
organization which was approved by the Council after the
new Charter was installed has now had time to show
results and improved productivity. In addition the
organization has shown real stability with no change at
the departmental level in the past full year.
Among the highlights of the past year:
- We have successfully built a new school, the
first in Beverly in over 30 years. We managed to
get the 6.5 acre site for a cost of exactly zero.
- We have put together the very complex Airport
Connector Road Project. We are hopeful of actually
awarding the contracts later this week.
- We have worked through the Walgreen's Project.
We expect the City to receive the funds, in excess
of $1,700,000, later this week.
- We made definite improvements in our storm
drainage, and we achieved initial design of major
improvements in the Chase Street, Lawrence Brook
and Chubbs Brook areas.
- We achieved a $5,000,000 firm commitment to fund
an overpass across Rte. 128 near Brimbal Avenue.
This project will improve safety, reduce emissions,
raise the value of properties, improve the quality
of life and probably broaden our tax base somewhat.
- We have identified problems and in many cases
brought our school buildings to a reasonable state
of repair. Those not yet improved such as Briscoe
will be corrected this year.
- We have continued to broaden our tax base. As
we speak, Eaton is adding over 50,000 square feet
to its main facility.
- We've built the salt shed to save $$ and protect
the environment; we've designed a fuel farm; we've
gotten permission to takeover the abandoned State
property on Park Street, we've removed the
underground fuel tanks at our schools.
- Our bond rating increased by two steps at once,
a truly remarkable achievement.
- We have created a full-time Human Resources
function. We have taken steps to reduce the City's
exposure to liability by broadening the requirement
for physical examinations. We have also begun an
in-depth review of medical costs.
- We've shrunk the number of recommendations in
the management letter; we've built a new and
successful skateboard facility.
- We've installed irrigation systems at several
fields. We've improved Lynch Park, Bessie Baker,
Carratu, Memorial and now are working on Vittori
Park.
With the continued assistance of the City Council we've
done a lot. I thank you for your help. I do believe
that together we can do great things.
Just a couple of additional notes. The City did
152
participate in the cleanup of the park area at the foot
of Washington Street. Most of the work was done by
residents but we helped, and we are ready to help similar
projects elsewhere. We are participating in the Hurd
Stadium Concession Stand/Restroom Project. That is
underway. Contributions from Don Shipp, David Sabatini,
Joe Callahan, Ralph Sevignor and Beverly Cooperative Bank
as well as others will make this project a reality.
Special thanks to Bob McHugh for his leadership in making
this happen and special thanks to Bill Lupini, School
Superintendent, who has seen the good in the various
efforts to make the schools better rather than seeing the
difficulties. Centerville, Patten, McKay, McKeown, and
the High School are all better.
There is much to do. We must stay focused and
productive, but there is reason, I believe, to be proud
of what we have done.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File 9-0 Vote
#263
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As you may recall we included the Riverview Sanitary
Sewage Project (Riverview Street, Ryal Side near Bass
River) in the Airport Connector Road Project in order to
achieve economy of scale on the bid price.
I hereby request that your Honorable Council take
immediate steps to approve funding for this project in
the amount of $175,000. This project has been
anticipated in our capital e:ipenditure plan through an
annual set aside for water and sewer projects of
$1,000,000. The current situation is intolerable and a
threat to public health. Residents in the area cannot
sell their houses because they cannot pass Title V
Requirements.
I hereby request that your Honorable Council take a first
reading tonight, September 8, 1998, and set a public
hearing for September 21, 1998 with a final vote that
evening. John Dunn will provide you with a Form of Loan
Order from Bond Counsel similar to that used in past
situations.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance and Propedy
#264
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The City holds a valid option to purchase a two-acre parcel at
153
Cummings Center fronting on Elliott Street across from
McPherson Drive for $300. The right to exercise this option
will expire in November of 1999. The City can use this site
only to build a Public Safety Facility.
I hereby request that your Honorable Council approve funding
in the amount of $600,000 to engage architectural and
engineering services to design a joint police and fire Public
Safety Facility.
The intent would be to house a single city-wide dispatch
function in this facility. As you know, there have been
discussions with Cummings Properties regarding their financial
participation in the construction of this facility. These
discussions are ongoing. It may be that something less than
the full two acres would be required and some of the land
would thus be sold to Cummings. The answers to these issues
are not clear. What is clear is that we have the right to a
centrally located and very valuable site which can only be
used for a public safety purpose.
I hereby request that your Honorable Council take a first
reading tonight, September 8, 1998, and set a public hearing
for September 21, 1998, with a final vote that evening. John
Dunn will provide you with a Form of Loan Order from Bond
Counsel similar to that used in past situations.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance and Property
Communications from Other City Officers and Boards:
#265
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
During the August 4, 1998 Board of Directors meeting it was brought to the attention of
the members that a request to rename the Senior Center in honor of Ms. Sus Fiorini
had been made to the City Council. The members are aware of Mr. Tom Scully's
letter to you in response to this request and concur with his recommendation.
Moreover, the Board requested that I forward you a copy of the council's
Recognition Awards Policy for your information and review. Once you have had an
opportunity to review this information you will find that the Board does have specific
procedures outlining requests such as the one above.
Thank you, and please contact me if you have any questions regarding this
Sincerely,
Leslee Breen, Director
Receive and Place on File 9-0 Vote
#266
Frances Macdonald
City Clerk
191 Cabot St.
Beverly, MA 01915
154
Dear Ms. Macdonald:
Enclosed please find the Beverly Council on Aging' s FY 1998 Annual Reports. One of
these reports is the information that we are required to submit to the State of
Massachusetts Executive Office of Elder Affairs and the other is a brief narrative which
attempts to capture several highlights and accomplishments over the past year. We
would appreciate your assistance in disseminating this information to all the members of
the City council.
Thank you in advance for your assistance. Please contact me if you have any questions
regarding this information.
Sincerely,
Leslee Breen, Director
Referred to Public Service and Aid
#267
Honorable City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
As you are aware, the City of Beverly has two affordable housing development units
which were approved by the Board of Aldermen and Board of Appeals several years
ago. Dunham Castle Condominium on Dunham Road and Dane Square
Condominiums on Dane Street were approved in the late 1980's with the conditions
that a certain number of units in each development be set aside for first-time buyers
from Beverly.
Whenever the owner of one of these affordable housing units wishes to sell his or her
condominium, the deed restriction for the units require the owner to notify the City.
The City then attempts to find a buyer who meets the specified eligibility
requirements, usually with success.
The guidelines and deed restrictions that go with each affordable housing unit also
require that the City be given the option of purchasing the unit. If the City decides
not to exercise that option, it must execute a "Waiver of Right of First Refusal." This
waiver only applied to the transfer in question at the time, the deed restriction require
that such a waiver be signed before each and every change in ownership.
The owner of Unit #305, 38 Dunham Road, Ms. Katherine Kereluk, is in the process of
selling her unit. Accordingly, I am forwarding the attached Waiver of Right of First
Refusal to the Council for its consideration and, hopefully, its authorization for the
Mayor to execute the waiver on the City's behalf. Ms. Kereluk is anxious to sell the unit
as soon as possible.
Thank you for your consideration of this request. If you have any question on the
process or the waiver itself, please do not hesitate to contact me at extension 1 73.
Respectfully submitted,
Debra A. Hurlburt, Asst. Planning Director
Referred to Le_clal Affairs and Accounts
#268
Honorable City Council
191 Cabot ,St.
Beverly, MA 01915
Dear Honorable Council:
155
As you are aware, the City of Beverly has two affordable housing development units
which were approved by the Board of Aldermen and Board of Appeals several years
ago. Dunham Castle Condominium on Dunham Road and Dane Square
Condominiums on Dane Street were approved in the late 1980's with the conditions
that a certain number of units in each development be set aside for first-time buyers
from Beverly.
Whenever the owner of one of these affordable housing units wishes to sell his or her
condominium, the deed restriction for the units require the owner to notify the City.
The City then attempts to find a buyer who meets the specified eligibility
requirements, usually with success.
The guidelines and deed restrictions that go with each affordable housing unit also
require that the City be given the option of purchasing the unit. If the City decides
not to exercise that option, it must execute a "Waiver of Right of First Refusal." This
waiver only applied to the transfer in question at the time, the deed restriction require
that such a waiver be signed before each and every change in ownership.
The owner of Unit #202, Dane Square Condominium Ms. Wendy Frechette, is in the
process of selling her unit. Accordingly, I am forwarding the attached Waiver of Right
of First Refusal to the Council for its consideration and, hopefully, its authorization for
the Mayor to execute the waiver on the City's behalf. Ms. Frechette is anxious to sell
the unit as soon as possible.
Thank you for your consideration of this request. If you have any question on the
process or the waiver itself, please do not hesitate to contact me at extension 1 73.
Respectfully submitted,
Debra A. Hurlburt, Asst. Planning Director
Referred to Le_aal Affairs and Accounts
Communications, Applications and Petitions;
#269
Application-Class II MVDL-Daren Hiller, r 453 Ranfoul St.
Referred to Le_clal Affairs and Accounts
#270
Comm. from Comm. of Mass, Dept of Revenueoan Chandler re expensed incurred as
a result of misinformation obtained from City Engineers.
Referred to Finance and Property
#271
Communication from MassDevelopment re Mass Industrial Finance Agency approval
of bond project re Project Adventure, Inc.
Referred to Le_clal Affairs and Accounts
#272
Communication from Comm. of Mass Dept. of Public Utilities re Notice of Inquiry and
Order Seeking comments - Electric Restructuring Act
Referred to Public Service and Aid
#273
156
Comm. from Mass Highway re Bridge Street By-Pass, Salem
Referred to Public Service and Aid
#274
Comm. from Mass Highway re authorization to apportion sum of $150,000,000 among
Cities and Towns of the Commonwealth.
Referred to Finance and Property
#275
Comm from Mass Dept. of Revenue Division of Local Services re supplemental budget
bill for FY 98
Referred to Finance and Property
#276
Comm. from Comm. of Mass Dept. of Education Street
Referred to Finance and Property
#277
Comm. from comm. of Mass Dept of Education re FY 99 Chapter 70 Aid and Net
School Spending Requirements
Referred to Finance and Property
#278
Communication from US Department of Commerce re Annual New England Minority
Enterprise Development Celebration
Receive and Place on File
#279
Communication from Charlene Cruz re Sign at personalize Gifts
Referred to Le_clal Affairs and Accounts
#280
Communication from Web Engineering
Requirements - 2 Boyle St.
Referred to Le_aal Affairs and Accounts
#281
Associates, Inc re Public Notification
Request from Gordon Fabrics and More relative to replicating Beverly Golf and Tennis
Club on McKay Street for their Cat's Meow Village Collectibles
Referred to Finance and Property
157
#282
Petition of Mass Electric for pole relocation on Cole St.
Referred to Public Service and Aid
#283
Petition of Mass Electric for pole installation on Bennett St.
Referred to Public Service and Aid
#284
Communication relative to Water/Sewer BilI-Kathleen A. Dawe
Referred to Public Service and Aid
#285
Communication from Communications 7 Power Industries
Microwave Division re Change of Name on Petro License
Receive and Place on File
#286
Incorporated, Beverly
Request for Special Events Permit by Beverly Chamber of Commerce for Annual
Harvest Sidewalk Sale
Referred to Le_clal Affairs and Accounts
Reports from Committees:
#231
The Committee on Finance and Property to whom was referred the matter of Loan
Order for 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 approve a Loan Order in the amount of two hundred fifty thousand
dollars ($250,000.00) for repairs to Beverly High School
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
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.
158
First Passage: Aug. 3, 1998
Public Hearing: Sept. 8, 1998
Final Passage: Sept. 8, 1998
Order read once and adoOted on a Roll Call Vote
Yea: Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Val Liere, Gilmore
Nay: None
Absent: None
#231A
The Committee on Finance and Property to whom was referred the matter of Loan
Order $250,000 purchase of equipment of Public Service and Municipal Inspection
Departments 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 two hundred fifty thousand
dollars ($250,000.00) for purchase of departmental equipment for public services and municipal
inspection depts.
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: Aug. 3, 1998
Public Hearing: Sept 8, 1998
Final Passage: Sept 8, 1998
Order read once and passed on a Roll Call Vote
Roll Call:
Yea: Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Van Liere,
Gilmore
Nay: None
Absent: None
#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
159
#250
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Request to hang banner across Cabot Street, by North Shore United Way, Inc. 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 the request from the North Shore United Way
to hang a banner across Cabot Street and that it be further ordered that the banner
be hung by a licensed rigger.
Order read once and adopted 9-0 Vote
#267
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Waiver of Tight of First Refusal Dunham Road condo #305 Kereluk have considered
said matter and beg leave to report as follows:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed
"Waiver of right of First Refusal" for Unit #305, 38 Dunham Road
Order read once and adopted 9-0 Vote
#268
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Waiver of Right of First Refusal Dane Square Condo #202 Frechette have considered
said matter and beg leave to report as follows:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed
"Waiver of right of First Refusal" for Unit #202, Dane Square Condo
Order read once and adopted 9-0 Vote
#286
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Special Events Permit-Beverly Chamber of commerce-Annual Harvest Sidewalk Sale
have considered said matter and beg leave to report as follows, to wit:
Recommend the Permit be granted
Order read once and adopted 9-0 Vote
UNFINISHED BUSINESS:
Resolutions:
#287
Ryan T. Fortin-Eagle Scout
Motions and Orders
#288
160
By Councilor Murray
Ordered: That the City council direct the Engineering Department to coordinate with
the Public Services Department to install the long overdue sidewalk on the south side
of Grover Street extending from the existing sidewalk at Middlebury Lane to Gavin
Circle
Referred to Public Service and Aid
Meeting Adjourned at 8:55 PM
Attest: Frances A. Macdonald C.M.C
City Clerk
161