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2005-05-16 6:45 PM Patrick Lucci, Jr. RE: School Budget 7:00 PM Public Hearing #72 Appropriation RE: School Design and pre-construction costs Refer to Finance and Property 7:55 PM Public Hearing #126 Petition – Verizon Conduit Roundy St. Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM May 16, 2005 Roll Call : Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci . Pledge of Allegiance to the Flag : Led by Councilor Flaherty Appointments: Acceptance of Minutes of Previous Meeting: Regular Meeting of May 2, 2005 Communications from His Honor the Mayor : #134 May 16, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you will recall, Section 20-9 of the City Ordinances, Trash Removal and Disposal Service Fee, was enacted last spring to help defray the anticipated large increase in incineration costs in Fiscal 2005. Such increase did in fact become reality in January 2005 when the cost for rubbish disposal at Wheelabrator Saugus increased 125% from $32 per ton to $72 per ton. Though this current fiscal year required funding for six months at the higher rate, next fiscal year will require funding for a full twelve months. After many months of diligent and thoughtful work, the Trash and Recycling Study Committee presented its findings to you and the public recently. That study resulted in a recommendation that the City adopt a Pay-As-You-Throw approach to trash disposal in the City. The ultimate decision on the Committee’s recommendation is still some distance in the future. We do know , however, that if the City decides to accept a Pay-As-You-Throw model, implementation will take at least 6 to 12 months. Councilor Coughlin, who served on the Trash and Recycling Committee, has confirmed the need to delay any Pay-As-You-Throw approach in view of the short time available in the budget process and the need for further input from the electorate which showed a preference for the flat fee in a recent survey. Paragraph 8 of the current ordinance is a “sunset clause” causing the order to expire on July 1, 2005, unless further action is taken. We strongly recommend that the current flat fee of $25.00 per residential unit per quarter be extended until at least July 1, 2006. This would result in an annual fee of $100.00 per residential unit. We also recommend that the minimum commercial fee be increased to $500.00. During the current fiscal year, 92 Senior Citizen Discounts and 191 Hardship Exemptions were granted. We would like to maintain the discount and exemption policy and recommend that the threshold income levels be maintained. We would also like to recommend that residents who have transferred title to their homes but occupy them in a “life estate” situation be treated as the property owners for the purposes of consideration of granting a discount or exemption. I have attached a copy of the Ordinance with our recommended changes in bold. Please take the appropriate action to schedule a Public Hearing on this matter on May 31, 2005. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #135 May 16, 2005 Honorable City Council 74 City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following individuals to serve as Constables in the City of Beverly for the express purpose of serving Civil Process: Mr. James A. Damato 22 Walnut Avenue Beverly, MA 01915 Mr. Timothy P. Migneault 22 High Street Beverly, MA 01915 Attached are their applications which have been approved by Police Chief, John Cassola. Their terms will be effective until June 30, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #136 May 16, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following individuals to serve as Constables in the City of Beverly for the express purpose of serving Civil Process: Mr. Oliver F. Fitts 37 Chipman Road Beverly, MA 01915 Mr. Douglas Vigliotta 9 Deer Haven Road Beverly, MA 01915 Attached are their requests for reappointment that have been approved by Police Chief, John Cassola. Their terms will be effective until June 30, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #137 May 16, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you know, the operating budget for the current fiscal year which ends on June 30, 2005, contains no funds for wage and salary settlements with the various city and school unions which have been operating without current contracts. At the present time, we have negotiated contracts with the teachers, the police patrolmen, the firefighters and fire dispatch personnel, and we believe that other contracts are close to agreement. Attached are two letters from Finance Director, John Dunn. The first of these recommends that we appropriate $747,973.25 from the proceeds of the sale of the Edwards School to the Reserve for Unforeseen Account. These transferred funds plus the existing balance in the Reserve for Unforeseen will be sufficient to settle several union 75 contracts and the existing snow and ice deficit. The specific funds required for each contract are shown in the spreadsheet attached to Mr. Dunn’s second letter entitled “Appropriations for Union Salary and Wage Settlements.” You will note that Mr. Dunn’s letter requests that a Public Hearing and a special Council Meeting both be scheduled for May 31, 2005 with a vote to be taken that evening. You will also note that we expect to deliver next year’s operating budget to you that same evening. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property . #137A Transfer to Account Appropriations for Union Salary and Wage Settlements Refer to Finance and Property Communications from other City Officers and Boards Communications, Applications and Petitions: #138 Claim- Jane Smith Bernhardt, 3 Riverview Street Receive and Place on File 8-0 Vote Councilor Troubetaris abstained Refer to City Solicitor #139 Comm. from Don Hannable re Financial Problems the City Faces Refer to Legal Affairs #140 Request to use City streets for Bike-a-thon ride July 24, 2005 Receive and Place on File #141 Dept. of Environmental Protection Waterways License Application-Cummings Center Refer to Public Services Reports from Committees: #70 The Committee on Finance and Property to whom was referred the matter of request City Engineer to appear before council on a quarterly business 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 Engineer appear before the City Council on a quarterly basis to discuss any on going projects with a potential of cost overrun. Ordinance read once and Adopted 9-0 Vote 76 #120 The Committee on the Whole to whom was referred the matter of 2005 Rules and Orders for the City Council have considered said matter and beg leave to report as follows, to wit: Refer to Legal Affairs Order read once and adopted 9-0 Vote #121 The Committee on Finance and Property to whom was referred the matter of Communication re Surplussing McKay School and design of Beverly High School 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 #129 The Committee on Finance and Property to whom was referred the matter of Citizens Petition regarding Airport Property have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Send copy to Planning Dept. Order read once and adopted 9-0 Vote #137 The Committee on Finance and Property to whom was referred the matter of Appropriation from Sale of Edwards School to Reserve for Unforeseen 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 of the City of Beverly will hold a public hearing on Tuesday, May 31, 2005 at 7:00 P.M. in Council Chambers, 191 Cabot Street, Beverly, MA relative to an appropriation of the sum of seven hundred forty- seven thousand nine hundred seventy- three dollars and twenty-five cents ($747,973.25) from the Sale of Real Estate Fund to the Reserve for Unforeseen Account. Order read once and adopted 9-0 Vote #137A The Committee on Finance and Property to whom was referred the matter of Appropriation to Accounts 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 of the City of Beverly will hold a public hearing on Tuesday, May 31, 2005 at 7:10 P.M. in Council Chambers, 191 Cabot Street, Beverly, MA relative to the appropriation of the following sums from: General Fund Reserve for Unforeseen $746,600 Airport Enterprise Fund Free Cash $ 18,500 Water Enterprise Fund Free Cash $ 35,000 Sewer Enterprise Fund Free Cash $ 15,000 Such sums to be appropriated to various salary lines in the above noted funds. Order read once and adopted 9-0 Vote #123 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T Stop Sign Wallis St. at Cabot 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 two thousand and five 77 An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Stop Sign, Wallis Street at Cabot St. Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly,1989, be, and the same is hereby amended by adding the following Stop Sign ADD: Wallis Street, east bound drivers on Wallis Street at Cabot Street This ordinance to take effect upon passage according to City Charter First Passage: May 16, 2005 Final Passage: June 6, 2005 Ordinance read once and held for final passage as per charter provisions 9-0 Vote #124 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T Stop Sign on Yankee Way at Essex Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the Year Two Thousand and Five An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Stop Sign Yankee Way at Essex Street Be it ordained by the City Council of the City of Beverly as Follows, to wit: That Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly,1989,be, and the same is hereby amended by adding the following stop sign. ADD: Yankee Way, southeast bound drivers on Yankee Way at Essex Street This ordinance to take effect upon passage according to City Charter First Passage: May 16, 2005 Final Passage: June 6, 2005 Ordinance read once and held for final passage as per charter provisions 9-0 Vote #132 The Committee on Legal Affairs to whom was referred the matter of Proposed Change of Zoning Ordinance have considered said matter and beg leave to report as follows, to wit; Refer back to Legal Affairs and to Planning Dept. with copy to Building Inspector Order read once and adopted 9-0 Vote #134 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Public Works Trash removal fee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: The City Council of the City of Beverly will hold a Public Hearing on Tuesday, May 31, 2005 at 7:30 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to an Ordinance entitled Public Works Article One-Trash Removal and Disposal Service Fee. (Section 20-9). A copy of this ordinance as available to the City Clerks Office. Order read once and adopted 9-0 Vote #117 The Committee on Public Services to whom was referred the matter of Use of McDonalds Building have considered said matter and beg leave to report as follows, to wit: Refer to the Committee of the Whole 78 Order read once and adopted 9-0 Vote #130 The Committee on Public Services to whom was referred the matter of resolution PCA Quality Home Care Workforce Act have considered said matter and beg leave to report as follows, to wit; Submit the accompanying resolution and recommend its adoption Ordered: That the Beverly City Council Support the following resolution: Beverly City Council Resolution in Support of PCA Quality Home Care Workforce Act, Senate Bill #139 Whereas thousands of Massachusetts seniors and people with disabilities live independently in their own homes, which they prefer and is less costly than institutional services, with the assistance of personal care attendants, paid by the State of Massachusetts; Whereas the community of people with disabilities, which comprises approximately 17.1% of the population of Beverly, is highly reliant on quality home care work to maintain their independence and quality of life; Whereas the need for in-home care continues to grow exponentially as the baby boomer generation matures; Whereas the quality of care provided to people with disabilities and senior citizens is diminished because of a lack of stability in the workforce, which is the result of personal care attendants receiving low wages and few benefits; Whereas recruiting and retaining personal care attendants has been an ongoing problem because the more systematic barriers to employment have not been addressed; Whereas consumer control of services and supports for people with disabilities is a fundamental organizing principle of the independent living movement; Whereas the creation of workforce councils gives disability community leaders and consumers seats on the workforce council board; Whereas the creation of workforce councils in other states, such as California, Washington, and Oregon, has successfully stabilized the workforce, raised the quality of life of personal care attendants, and been directed by consumers; Be it resolved that the Beverly City Council endorses the PCA Quality Workforce Council legislation, Senate Bill #139. Order read once and adopted 9-0 Vote #133 The Committee on Public Services to whom was referred the matter of request for live tree removal at 34 Taft Ave. 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: #78 Ordinance Erosion/Sediment Control and Materials Management #108 Ordinance MV & T Parking-Rantoul Street Resolutions: Motions and Orders: #142 By Councilors Martin, Coughlin, Guanci and Falherty: Ordered: That Scott Street in North Beverly be changed to Henry’s Way in honor of Henry Swanson. 79 Referred to Finance and Property #143 By Councilor Guanci: Ordered: That the Park & Recreation Commission appears before the City Council to give an update about discussions on a city owned Dog Park and possible off leash areas within the City of Beverly. Refer to Legal Affairs . Meeting adjourned: 10:35PM Frances A. Macdonald, CMC City Clerk 80