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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