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1998-06-157:50 PM # 188 A Public Hearing re Petition of Mass Electric for Conduits in Hale ,St. Referred to Public Service and Aid 7:55 PM # 189 A Public Hearing re Petition of Boston Gas for a Gas line in Enon and Lincoln Streets Referred to Public Service and Aid Regular Meeting of Beverly City Council, June 15, 1998 Roll Call: Council Members were present Pledge of Allegiance to the Flag: Led by Councilor Rollins Acceptance of Minutes of Previous Meeting: Meeting of June 1, 1998 9-0 Vote Appointments: Secondary Schools Facilities Committee Communications from His Honor the Mayor: #212 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Please appropriate $410,631.26 from Medicaid reimbursements to the School Department as per the attached letter from Judy Mulligan. For your information these receipts technically belong to the City side. We started with the view of splitting them to encourage the schools to seek every penny of reimbursement. Last year we opted to transfer the entire amount to the schools, and we currently operate on that basis. You will note that some balance remains in the account. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #213 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 Carol A. Caten at 366 Cabot Street, Beverly, MA 01915. Attached is a communication from Community Development Manager Dawn Goodwin concerning this request. 120 Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #214 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Robert Griffin, 20 Walnut Avenue, Beverly, MA 01915, to serve as a member of the permanent Commission on Planning and Construction of Buildings. He will fill the unexpired term of Michael Nardella who has resigned due to personal reasons. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid #215 Honorable Council City Hall Beverly, MA 01915 Dear Honorable Council We continue to anticipate a favorable end year variance for FY98 as has been earlier reported to you. We are, however, in need of making certain transfers within the budget which will have no net impact on the final result. Attached is a detailed listing of transfers in and transfers out totaling $452,357. Your rapid approval of these transfers will be much appreciated. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #216 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The Montserrat college of Art has leased the space within the Hardie School for approximately six years. The College of Art has become an important economic factor in the vitality of downtown Beverly by providing jobs, filling apartments and houses with tenants, and purchasing goods and services. The college would like to be a permanent fixture in the community and wishes to rehab the building beyond those improvements currently made. The college now has an alumni body which is supportive of the college through fund raising. It is, however, true that it is difficult to raise funds for a building which is not owned by the College. It is my judgment that we should pursue the RFP (Request for Proposals) process regarding this building to allow for its possible sale because; 121 1. The building serves the City better if used for educational purposes given the proximity of the Common, the library and the residential district. Educational pursuits within the building represent the highest and best use of the property under the current zoning regulations. The preservation of the facade of the building is essential to the aesthetics of the Common and to the City at Large I hereby request that your Honorable Council vote at your earliest opportunity to surplus the property for sale purposes. Please note that a previous City council has already voted the space as surplus for lease purposes. I will plan to put a draft of the RFP in your hands later this week. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property Communications from Other City Officers and Boards: #217 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to announce that Mr. Peter M. Caron of 11 Lincoln Road, Salem has been appointed as Chief Assessor and Chairman of the Board of Assessors. Mr. Caron is a Department of Revenue Certified Assessor and a Massachusetts Accredited Assessor. He had previously worked for the City of Salem for over twenty years, including the last twelve years as Chief Assessor. We are fortunate to have attracted a person of Mr. Caron's experience and training to this important position in the Municipal Finance Department. Very truly yours, John P. Dunn, Director of Municipal Finance Receive and Place on File #218 Honorable City council City Hall Beverly, MA 01915 Dear Honorable Council: In 1991, Legislation was enacted to help municipalities compensate for additional local aid reductions by the Commonwealth for fiscal year 1992. Under that law, known as the Teacher Pay Deferral, municipalities were allowed to defer budgeting for teachers' summer compensation payable by the end of the fiscal years 1992 and 1993. Municipalities that chose to defer such amounts are required to amortize the resulting budget deficiency by raising at least one-fifteenth of the deferred amount in each of the fiscal years 1997 through 2011. The City of Beverly elected to defer teachers' summer pay for fiscal 1992 and 1993 in the total amount of $2,096,132. We budgeted reductions to this amount in fiscal 1997 and 1998 totaling $324,000 and the total of the Teacher Pay Deferral is $1,772,132 at this date (Deferral and Amortization Schedule attached). 122 Because we have brought back a total of $2.1 million if Fiscal 1998 from the balances built up at SESD (from favorable expenditure variances and interest earnings over the past years), we have a unique opportunity to appropriate these non-recurring revenues to offset the total balance of the remaining Teacher Pay Deferral. There are a number of positive benefits resulting from this bit of accounting "Housekeeping" and some of those are discussed in the attached letter from James E. Powers of Powers & Sullivan. I would ask that the Honorable Council give its utmost consideration to this appropriation request. Mr. Powers has agreed to make himself available to discuss this matter with you in more detail and answer any questions that you may have. Very truly yours. John P. Dunn, Director of Municipal Finance Referred to Finance and Property Communications, Applications and Petitions; #219 (Late File) Communication from Salem Beverly Water supply Board relative to increase in total assessment for YF99 Referred to Finance and Property Reports from Committees: #212 The Committee on Finance and Property to whom was referred the matter of Transfer to Account $410,126.00 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 Monday, June 29, 1998 at 7:50 PM in Council Chamber, 191 Cabot Street, Beverly relative to Appropriation to account "School Dept." from Medicaid reimbursements in the amount of four hundred ten thousand six hundred thirty one dollars and twenty six cents(S410,631.26) First Passage: June 15, 1998 Public Hearing: June 29, 1998 Final Passage: June 29, 1998 Order read once and adopted 9-OVote #215 The Committee on Finance and Property to whom was referred the matter of Transfer to Various Accounts $452,357.00 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 Monday, June 29, 1998 at 7:45 PM in Council Chamber, 191 Cabot Street, Beverly relative to within budget transfer totaling four hundred fifty two thousand three hundred fifty seven dollars ($452,357.00) First Passage: June 15, 1998 Public Hearing: June 29, 1998 Final Passage: June 29, 1998 123 Order read once and adopted 9-0 Vote #218 The Committee on Finance and Property to whom was referred the matter of Appropriation to account $1,772,132.00 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 Monday, June 29, 1998 at 7:45 PM in Council Chamber, 191 Cabot Street, Beverly relative to an appropriation to account from Non-Recurring Revenue to Teacher Pay Deferral Account in the amount of one million, seven hundred Seventy-two thousand one hundred thirty-two dollars ( $1,772, 132.00 ) First Passage: June 15, 1998 Public Hearing: June 29, 1998 Final Passage: June 29, 1998 Order read once and adopted 9-0 Vote #6 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request for NO PARKING sign at 11 Broadway 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 #177 The Committee on Legal Affairs and accounts to whom was referred the matter of Communication from audit-Powers and Sullivan 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 accept a communication from City solicitor and refer to the Audit Committee for final action. Order read once and adopted 9-0 Vote #202 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment Constable Timothy Rubchinuk 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 #203 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement Turning Point, Inc. have considered said matter and beg leave to report as follows, to wit: 124 Submit the accompanying order and recommend its adoption ORDERED: That the Mayor be, and the same is hereby authorized to sign the enclosed Subordination Agreement for Turning Point, Inc., 14 County Way as per the request of Dawn Goodwin, Community Development Manager Order read once and adopted 9-0 Vote #205 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim-Anna M. Mahoney 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 form the City Solicitor for the Settlement of claim #135 of 1998 Anna M. Mahoney in the amount of $913.54. Order read once and adopted 9-0 Vote #209 The Committee on Legal Affairs and Accounts to whom was referred the matter of request to hang banner over Cabot Street 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 Cardinal Alumni Association to hang a banner across Cabot Street and that it be hung by a licensed rigger. Order read once and adopted 9-0 Vote #210 The Committee on Legal Affairs and Accounts to whom was referred the matter of Special Event Permit for June 18, 19, and 20, 1998 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 #97 The Committee on Public Service and Aid to whom was referred the matter of Communication re Waste Management and Recycling have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted 9-0 Vote #172 The Committee on Public Service and Aid to whom was referred the matter of Communication from Beverly Coastal Access Group re Washington Street improvements have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 125 Order read one and adopted 9-0 Vote #179 The Committee on Public Service and Aid to whom was referred the matter of Appointment to Beverly Youth Collaboration Advisory Committee James Muse have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 9-0 Vote #193 The Committee on Public Service and Aid to whom was referred the matter of communication from George Leahy regarding Water bill 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 April 6, 1998 First Passage: June 1, 1998 Held by Charter Provisions, Advertised and held for Final Passage June 15, 1998 # 144 Ordinance "Administration" re Waste Management Resolutions: Motions and Orders Meeting Adjourned at 10:30 PM Attest: Frances A. Macdonald C.M.C City Clerk 126