1998-05-04Regular Meeting of Beverly City Council, May 4, 1998
Roll Call: Council Members were present
Pledge of Allegiance to the Flag: Led by Councilor Murray
Acceptance of Minutes of Previous Meeting: Meeting
Special Meeting of April 23, 1998 9-0 Vote
Appointments:
Communications from His Honor the Mayor
#163
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Over several years we have planned and commenced work to
improve the physical condition of our schools. We know
that improved facilities guarantee nothing but they
improve the odds of better educating our children.
While the elementary facilities plan is in place, at
least five more years will be required to complete same
and the secondary schools program will likely add three
more years to that.
Knowing that these periods are too lengthy and that
certain needs are urgent today, we have begun a program--
essentially outside our school budget--to improve our
school facilities. I wish to repeat this point because
money spent outside the school budget may well never be
recorded as school spending, but of course it is just
that.
I believe that this program must be emphasized and
pursued with vigor and so tonight I wish to specifically
review these matters and to request a first reading and
the setting of a public hearing on three appropriation
issues.
First, I wish to discuss the following slide which shows
immediate educational facilities needs.
I also request you to take a first reading and set a
public hearing on an interim appropriation from the
general operating fund account as an advance to cover
projects in motion and to begin others. Later, we would
anticipate using the Walgreen's funds to offset these
expenditures. I would also ask for a sense of the
Council that use of these prospective funds in the way
described will meet with your approval. Should the
Walgreen's proposal fail, which is unlikely, at least one
other bidder has offered to match the Walgreen's offer.
I would also ask that the Council take a first reading
and set a public hearing to permit the appropriation of
the $246,000 received from the Old Briscoe for use in
those school improvements outlined earlier.
I wish also to review other needs in our schools. I
request no action tonight but wish to tell you (as shown
April 21, 1998 and
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on the second slide) that I will very shortly return for
specific funding action. You will note that some of
these items are at least partially contained in the
current school budget. I have been working closely with
the Superintendent to find ways to fund an effective
budget. One aspect of that is that certain projects will
be pulled out of the budget and funded off to the side.
I also wish you to take a first reading and set a public
hearing on the attached loan order in the amount of
$7,340,000 which will provide the funding necessary to
renovate and enlarge the Ayers School. The expected cost
of this project has escalated approximately $1,000,000
from the $6,323,000 which was part of the $37.5 million
overall elementary facility project approved by the
Council in 1996.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance and Property
#164
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize
the Mayor to sign the attached Subordination Agreement
for property owned by Barbara Baker at 19 Raymond Avenue,
Beverly, MA 01915 as per the attached communication from
Dawn Goodwin, Community Development Manager.
I further request that your Honorable Council take action
on this Subordination Agreement this evening.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#165
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As you know, a celebration and reception is scheduled on
Thursday, May 21, 1998, in the City Council Chamber from
6:00 - 8:00 p.m. to kick off the campaign to build a
replica of the schooner "Hannah."
The public will be invited for a wine and cheese party
for the public showing of the completed scale model of
this ship. It promises to be a fun evening.
I, therefore, request a waiver of the City Ordinance,
Section 15-10 prohibiting alcoholic beverages in City
owned buildings for the evening of May 21.
Very truly yours,
William F. Scanlon, Jr., Mayor
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Referred to Legal Affairs and Accounts
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Communications from Other City Officers and Boards
#166
Honorable City Council
City Hall
Beverly, Mass. 01915
Dear City Councilors:
The Parks and Recreation commission will be touring all the cities parks during May.
Wards 1,3, and 6 on May 9th
Wards 2, 4 and 5 on May 13th
We will be inspecting overall park conditions as well as fields, courts and equipment.
We welcome you to join us for the entire tour or to meet us at the park(s) that are of
concern to you. The times given are approximate and will depend on conditions
and people. Only by seeing all parks can an appropriate long-range plan be
developed that meets the needs of the entire city.
Please call if you can join us or intend to meet us along the way. 921-6067. We wish
to supply appropriate transportation and coffee.
Sincerely,
Bruce Doig
Chairman of Parks and Recreation
We are also considering asking residents for a ,510.00 donation towards new
playground equipment for the parks when they pick up their Lynch park Sticker. An
estimate of $250,000 is needed to provide proper surfacing and new equipment
that is accessible and meet safety regulations. This would address the concerns
from the playground equipment survey completed this winter. We welcome your
comments.
Receive and Place on file 9-0 Vote
COMMUNICATIONS, APPLICATIONS AND PETITIONS
#167
Comm. from Residents of Boxwood Lane requesting that the cul-de-sac know as
Boxwood Lane be accepted as a city street.
Referred to Legal Affairs and Accounts
#168
Comm. from Jeffrey Conley re RFP's Beverly Golf & Tennis Club
Referred to Finance and Property with a copy to Public Service and Aid
#169
Complaint-North Shore Taxi
Refer to Legal Affairs and Accounts
#170
Comm. from American Diabetes Association re Tour de Cure Bike Ride, May 31, 1998
Referred to Legal Affairs and Accounts
#171
Comm. relative to Zoning Ordinance Room rental in single family homes
Referred to Legal Affairs and Accounts
#172
Comm. from Beverly Coastal Access Group relative to request for assistance on a
project at the lower end of Washington St.
Referred to Public Service and Aid
#173
Comm. from Dept. of Revenue re New Officials Finance Forum
Receive and Place on File
#174
Comm. from Dept. of Revenue re Preliminary FY99 levy limit worksheet and
explanatory materials.
Referred to Finance and Property
Reports from Committees:
#150
The Committee on Finance and Property to whom was referred the matter of
Appointments to the Economic and Community Development Council- Deborah
Rosser, William Rodenbaugh and Richard Mooney have considered said matter and
beg leave to report as follows, to wit:
Recommend that the Council approve the Appointment
Order read once and adopted 9-0 Vote
#155
The Committee on Finance and Property to whom was referred the matter of
Comm. from Dept. of Revenue regarding Realistic Planning for Recertification and
Tax Rate Setting have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#158
The Committee on Finance and Property to whom was referred the matter of North
Shore Regional Vocational School-Building Needs Committee have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#163A
The Committee on Finance and
Appropriation of funds ($246,475)
leave to report as follows, to wit:
Property to whom was referred the matter of
Schools have considered said matter and beg
Submit the accompanying order and recommend its adoption
Ordered: That the City Council hold a Public Hearing on Monday, May 18, 1998 at
7:45 PM in Council Chamber, 191 Cabot Street, Beverly relative to a transfer of Two
hundred forty six thousand four hundred seventy five ($246,475.00) to "School
Capital Projects Funds" from "Proceeds-Sale of Briscoe School"
First Passage: May 4, 1998
Public Hearing: May 18, 1998
Final Passage: May 18, 1998
Order read once and adopted 9-0 Vote
#163B
The Committee on Finance and Property to whom was referred the matter of Interim
Appropriation have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying amended order and recommend its adoption
Ordered: That the City Council hold a Public Hearing on Monday, May 18, 1998 at
7:435 PM in Council Chamber 191 Cabot Street, Beverly relative to an Interim
appropriation from the general fund in the amount of one million, six hundred sixty
three thousand thirty three ($1,663,033) dollars to "School Capital Projects Fund".
Such appropriation will come from the transfer of funds back to the City from the
South Essex Sewage District.
First Passage: May 4, 1998
Public Hearing: May 18, 1998
Final Passage: May 18, 1998
Order read once and adopted 9-0 Vote
#163C
The Committee on Finance and Property to whom was referred the matter of Loan
Order $7,340,000 have considered said matter and beg leave to report as follows,
to wit:
Ordered: That the City Council hold a Public Hearing on Monday May 18, 1998 at
7:45 PM in Council Chamber relative to a Loan Order in the amount of Seven million
three hundred forty thousand dollars which will provide the funding necessary top
renovate and enlarge the Ayers School.
ORDERED: that seven million three hundred forty thousand ($7,340,000) is
appropriated for constructing additions to and remodeling, reconstructing and making
extraordinary repairs to the Ayers/Ryal Side Elementary School, including original equipment
and furnishings and related site improvements; 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 $7,340,000 under G. L. c.44
7 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 borrowing authorized by this order, as well as the Two million one hundred thirty thousand
($2,130,000) borrowing authorized by the order approved by the Mayor on January 2, 1996 for
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the cost of architectural services for plans and specifications for school projects and the Six
million, six hundred fifty nine thousand one hundred dollars ($6,659,100) borrowing authorized
by the order approved by the Mayor on January 24, 1997 for constructing, originally equipping
and furnishing a new elementary school on Balch Street, shall be incurred pursuant to both this
order and those orders, respectively, and the order approved by the Mayor on May 13, 1996
which authorized a borrowing of Thirty seven million dollars ($37,000,000) for various
elementary school construction and remodeling projects; that the City Treasurer is further
authorized to file a certified copy of this order and provide such other information and execute
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 of its successor.
First Reading: May 4, 1998
Public Hearing: May 18, 1998
Final Passage: May 18, 1998
Order read once and adopted %0 Vote
#132
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance-Motor Vehicles and Traffic relative to stop signs Briscoe at Essex have
considered said matter and beg leave to report as follows, to wit:
In the year one thousand nine hundred and Ninety-eight
An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to
"Obedience to isolated stop signs"
Be it ordained by the City Council of the city of Beverly as follows:
That Chapter 14, Sections 86, of the revised ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
ADD:
Briscoe Street, northbound drivers on Briscoe Street at Essex Street
This ordinance to take effect according to Charter Provisions.
First Passage: May 4, 1998
Final Passage: May 18, 1998
Order read once and held for final passage 9-0 Vote
#149
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment to Beverly Planning Board Robert Rink have considered said matter
and beg leave to report as follows, to wit:
Recommend that the Council approve the appointment
Order read once and adopted 9-0 Vote
#151
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment - zoning Board of Appeals Designee to the Design Review Board
Margaret O'Brien have considered said matter and beg leave to report as follows,
to wit:
Recommend that the Council approve the appointment
Order read once and adopted 9-0 Vote
#152
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The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance, Motor Vehicles and Traffic re Stop Sign Hardy St. have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year one thousand nine hundred and Ninety-eight
An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to
"Obedience to isolated stop signs"
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Sections 86, of the revised ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
ADD:
Hardy Street, southbound drivers on Hardy Street at Pleasant Street
This ordinance to take effect according to Charter Provisions.
First Passage: May 4, 1998
Final Passage: May 18, 1998
Order read once and held for final passage 9-0 Vote
#153
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic parking in Depot area have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying Ordinance and recommend its adoption
In the year one thousand nine hundred and Ninety-eight
An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to
"Parking"
Be it ordained by the City Council of the city of Beverly as follows:
That Chapter 14, Sections 120, 121 and 126, of the revised ordinances of the City of
Beverly, 1989, be, and the same is hereby amended as follows:
DELETE: Chapter 14, Section 121 (2), Bridge Street, southerly side, from Hall-
Whitaker Bridge two-hundred (200) feet westerly.
DELETE: Chapter 14, Section 120, River Street, westerly side, from margin
Street to forty (40) feet south
DELETE: Chapter 14, Section 120, River Street, westerly side, from Margin
Street, to one-hundred eighty-two (182) feet south to Bridge Street.
DELETE: Chapter 14, Section 126 (d), Bridge Street, northerly side, from thirty
(30) feet east of No. 21 Bridge Street to Paved walk-way into Ayers Ryal Side School
ADD: Chapter 14, Section 126 (d), Bridge Street, northerly from forty (40)
feet west of Hall-Whitaker Bridge to paved walk-way into Ayers Ryal Side School
ADD: Chapter 14, Section 120, Bridge Street, southerly side, from River
Street to a point two-hundred (200) feet west of the Hall Whitaker Bridge
ADD: Chapter 14, Section 120, Bridge Street, northerly side, from River
Street to a point forty (40) feet west of the Hall-Whitaker Bridge.
ADD: Chapter 14, Section 120, River Street westerly side, opposite Pleasant
Street, between the driveways of Boston Gas Co., and Mass Electric Company.
This ordinance to take effect according to Charter Provisions.
First Passage: May 4, 1998
Final Passage: May 18, 1998
Order read once and held for final passage 9-0 Vote
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#154
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Request to waive alcohol ordinance for Beverly Senior Center 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 Beverly Senior Center
to waive the alcohol ordinance for an event to be held on May 16, 1998 at the
Senior Center.
Order read once and adopted 9-0 Vote
#156
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Comm. of Mass relative to Cellular Towers have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That letters be drafted to the Chairs of the Massachusetts Senate and
House Ways and Means Committees to oppose supplemental budget language
that strips cities and town of zoning authority over the siting of cellular towers and
removes their ability to assess such facilities.
Order read once and adopted 9-0 Vote
#157
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim- George Belezos have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 9-0 Vote
#164
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreement Barbara Baker 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 sign the
attached Subordination Agreement for Barbara Baker at 19 Raymond Ave. as per
the request of Dawn Goodwin, Community Development Director.
Order read once and adopted 9-0 Vote
#165
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Waiver of City Ordinance 15-10 Alcohol in City Owned buildings 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 waive City Ordinance, Section 15-10 relative to
Alcoholic beverages in City owned buildings for an event at City Hall, May 21, 1998
Order read once and adopted 9-0 vote
#136
The Committee on Public Service and Aid to whom was referred the matter of
complaint-Media One and Political Advertising have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
UNFINISHED BUSINESS:
The following ordinance was read into Council minutes on March 2, 1998 First
Passage: April 21, 1998 Held by Charter Provisions, Advertised and held for Final
Passage May 4, 1998
# 105 Ordinance Personnel-Unclassified Salaries
Resolutions:
#178 Eagle Scout recognition-John L. Lavoie
#179 Eagle Scout recognition-William E. Soares, III
Motions and Orders
#175
By Councilor Gilmore:
Ordered: That the City council send a letter of appreciation to Chief of Police John
Finnegan for his many years of dedicated and exemplary service to the people of
the city of Beverly.
Order read once and adopted 9-0 Vote
#176
By Councilor Gilmore:
Ordered: That the City Council send a letter of congratulations to Joan Fairbank for
being chosen as this year's recipient of the Beverly Chamber of Commerce
Presidents Award for Excellence.
Order read once and adopted 9-0 Vote
#177
By Councilors Rollins, Murray and Van Liere
Ordered: RE Agreement for Audit Services by and between the City of Beverly,
Massachusetts and Powers and Sullivan
The purpose of this agreement is to confirm that Powers and Sullivan will
provide audit services to the City of Beverly for the years ended June 30, 1998
and June 30, 1999. Powers and Sullivan will audit the general purpose financial
statements of the City of Beverly as of and for the years ended June 30, 1998
and 1999.
The audit will be conducted in accordance with generally accepted auditing
standards and governmental auditing standards and will include texts of the
accounting records of the City of Beverly and other procedures that Powers and
Sullivan consider necessary to express and unqualified opinion that the financial
statements are fairly presented, in all material respects, in conformity with
generally accepted accounting principles. If the audit opinion is other than
unqualified, the auditors will fully discuss the reasons with the administration
and with the City Council. If for any reason, the auditors are unable to complete
the examination, they will not issue a report.
The audit procedures will include tests of documentary evidence supporting the
transactions recorded in the accounts, and may include tests of the physical
existence of inventories, and direct confirmation of receivable and certain other
assets and liabilities by correspondence with selected individuals, creditors and
financial institutions. The auditors will request written representations from the
City's attorneys as part of the engagement, and the attorneys may bill the City
for responding to these inquiries. At the conclusion of the audit, the auditors
will also request certain written representations from the City's administration
about the financial statements and related matters.
An audit includes examining on a test basis, evidence supporting the amounts
and disclosures in the financial statements; therefore this audit will involve
judgment about the number of transactions to be examined and the area to be
tested. Also, the auditors will plan and perform the audit to obtain reasonable
assurance about whether the financial statements are free of material
misstatement. However, because of the concept of reasonable assurance and
because the auditors will not perform a detailed examination of all transactions,
there is a risk that material errors, irregularities, of illegal acts, including fraud
or defalcations, may exist and not be detected by the auditors. The auditors will
advise the City Council, however, of any matters of that nature that come to
their attention, unless they are clearly inconsequential. The responsibility of the
auditors as auditors is limited to the period covered by the audit and does not
extend to matters that might arise during any later periods for which the
auditors are not engaged as the City's auditors.
The auditors are engaged with the understanding that the City will provide them
with the basic information required for the annual audit and that the City is
responsible for the accuracy and completeness of this information. The auditors
will advise the City about appropriate accounting principles and their application
and will assist in the preparation of the financial statements, but the
responsibility for the financial statements remains with the City. This
responsibility includes the maintenance of adequate records and related internal
control structure policies and procedures, the selection and application of
accounting principles and the safeguarding of assets.
It is understood that the audit is not specifically designed and cannot be relied
on to disclose reportable conditions, that is significant deficiencies in the design
or operation of the internal control structure. However, during the audit, if the
auditors become aware of such reportable conditions or ways that the auditors
believe management practices can be improved, they will communicate the to
the City in a separate management letter.
The annual fee for the services described herein, is $34,000 which includes
travel and other out of pocket costs such as report production, typing, postage,
etc.
It is understood that the auditors report to the City Council, consistent with the
City's charter and will report as needed, but no less than annually to the
Council's designated audit committee. Also, it is the goal of the council to
receive and review the report each December; assuming that the auditors have
received timely access to auditable records by the administration.
As the independent auditors of the City, Powers and Sullivan will only perform
other consulting services for the City contingent upon a written contract for said
services authorized by and signed by the Council.
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This agreement is executed by Powers and Sullivan and the City Council as of
the th day of 1998.
Peter Gilmore, President
City Council
Powers and Sullivan
Date:
Referred to Legal Affairs and Accounts
Meeting Adjourned at 10:00 PM
Attest: Frances A. Macdonald C.M.C
City Clerk
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