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2005-07-05 7:00 PM Public Hearing Zoning-Brimbal Ave. Recessed until September 6, 2005 7:30 PM Public Hearing FY06 Water/Sewer Rates Referred to Finance and Property 7:35 PM Public Hearing Transfers within FT 05 Budget Referred to Finance and Property 7:40 PM Public Hearing Takings on Lothrop Street and Nursery Street Referred to Finance and Property 7:45 PM Public Hearing ADA Coordinator Referred to Finance and Property 7:50 PM Public Hearing Airport Environmental Clean-Up Referred to Finance and Property 7:55 PM Public Hearing Lynch Park Carriage House Roof Refer to Finance and Property Regular Meeting of Beverly City Council 8:00 PM July 5, 2005 Roll Call : Councilors Present: John J. Burke, Timothy Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci . Councilors Costa and Coughlin were absent Pledge of Allegiance to the Flag : Led by Councilor Flaherty Appointments: Acceptance of Minutes of Previous Meeting: Meetings of June 20, 2005 and the Special Meeting of June 29, 2005 Communications from His Honor the Mayor : #184 July 5, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Bruce Abbott, 13 County Way, Beverly, MA 01915 to serve as a member of the Beverly Housing Authority. His term will be effective until June 28, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Service #185 July 5, 2005 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 Mrs. Mary Bucco at 8 Virginia Avenue, Beverly, MA. 108 Also attached is a communication from Community Development Manager, William O’Hare concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #186 July 5, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you know, the combining of the two middle schools at the Briscoe site involves several one-time costs. The full impact of the cost savings resulting from the combination will not be felt until next fiscal year. In order to keep these costs from permanently inflating the school budget, it was agreed that up to $250,000 would be directly expended by the City. $100,000 of this amount was budgeted in the FY06 budget as increased unemployment compensation. The balance of $150,000 was anticipated to be spent from the school building and grounds budget during the summer months with the expectation that it would be transferred in the early fall to an existing capital account. With the closing of Memorial, the City decided to transfer several departments from rented space to space at Memorial. These departments include Community Development, the Building Department and some police activities. Now that this intention is public and well known, the landlord for the rented space is quite anxious to have the City vacate the rented premises soon so that he can seek permanent tenants. As a result we are proceeding with the relocation of the several city functions at a rapid pace. This relocation is expected to cost $100,000. We are, therefore, at this time requesting your Honorable Council’s approval to expend a total of $250,000 on building consolidations. This total to be made up of $150,000 related to the schools and $100,000 related to city departments. We request that the amount of $250,000 be transferred from the previously approved account “Duel Fuel Conversion” to account “Building Consolidation.” We ask that your Honorable Council please set up a Public Hearing as soon as possible to effect this transfer. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #190 July 5, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: You will recall that I advised you earlier in the calendar year of the existence of two outstanding unpaid invoices relating to the landfill closure from the firm of Malcolm Pirnie. Specifically, one invoice was dated August 23, 2002 in the amount of $15,529.27 and the other was dated March 7, 2003 in the amount of $40,488.29. Subsequent investigation found no other outstanding invoices from previous years. We wish to pay these invoices totaling $56,017.56 from the “Engineering Consulting Account” # 14102-53853. This amount has been encumbered against FY 2005 operations. A Public Hearing will be required at your earliest convenience to approve the payment of invoices from previous years. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 109 Communications from other City Officers and Boards #187 Friends of Beverly Farms Library request for waiver of City Ordinance relative to Alcohol in a Public Building for an event September 10, 2005 from 5:30 to 9:30 PM. Refer to Legal Affairs Communications, Applications and Petitions: #188 Claim Lisa Cox of Hampton NH, pothole damage Receive and Place on File Refer to City Solicitor #189 Application Second Hand Junk Dealers License Epiphany Books, 9 Railroad Ave. Refer to Legal Affairs and Accounts Reports from Committees: #155 The Committee on Finance and Property to whom was referred the matter of Scenic By-Way 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 give full endorsement to the Bill Filed by State Rep. Mary Grant asking for the creation of a Regional State Scenic By-Way along the coastline of Essex County extending from Lynn to Rockport. Order read once and adopted 7-0 Vote #167 The Committee on Finance and Property to whom was referred the matter of clarification of Appropriation re School design and pre-construction costs have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote #169 The Committee on Finance and Property to whom was referred the matter of Communication re Taking of Hill Estate have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote #170 The Committee on Finance and Property to whom was referred the matter of Appropriation for continued clean up at Beverly Airport 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 enclosed loan order in the amount of two hundred thousand ($200,000) dollars to award the contract to complete the assessment and do appropriate remediation work at Beverly Airport. Loan Order: that $200,000 is appropriated for the cost of the cleaning up and prevention of pollution at the former Vitale landfill, including the cost of engineering services for plans and specifications relating thereto; that to meet this 110 appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $200,000 under Chapter 44 of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes; and that any bonds or notes issued pursuant to this order shall be certified in writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property. First Passage: June 20, 2005 Public Hearing: July 5, 2005 Final Passage: July 5, 2005 Order read once and adopted on a Roll Call Vote 7-0 Vote Roll Call: Yea: Burke, Flaherty, Grimes, Hobin, Martin Troubetaris, Guanci Nay: None Absent: Costa and Coughlin #174 The Committee on Finance and Property to whom was referred the matter of Takings Nursery St and Lothrop 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 following takings for the construction and maintenance of common drains and other utilities, and roadways: 1. A taking of all of the right, title and interest in the section of roadway on Nursery Street, between Andover Road and Dartmouth Street, on land owned by persons unknown, encompassing about 9,650 square feet, more or less. The appraised value of this parcel is $15,000. 2. A permanent easement taking of a certain parcel of land located near the intersection of Stone and Lothrop Streets owned by Bay Colony Realty Associates of Canton, MA, encompassing about 124 square feet more or less. The appraised value of this parcel is $970. First Passage: June 20, 2005 Public Hearing: July 5, 2005 Final Passage: July 5, 2005 Order read once and adopted 7-0 Vote #175 The Committee on Finance and Property to whom was referred the matter of Transfers ADA 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 following transfer from Handicap Parking Fines to the following accounts: ADA Coordinator – Salary Account $9,674.08 ADA – Office Supplies 1,000.00 TOTAL $10,674.08 First Passage: June 20, 2005 Public Hearing: July 5, 2005 Final Passage: July 5, 2005 Order read once and adopted 7-0 Vote #177 The Committee on Finance and Property to whom was referred the matter of 05 Budget transfers 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 of the Mayor for FY05 Budget transfers in the amount of Three hundred seventy three thousand two hundred ($373,200) Dollars 111 This amount was amended to $431,650.00 by a 7-0 Vote First Passage: June 20, 2005 Public Hearing: July 5, 2005 Final Passage: July 5, 2005 Order read once and adopted 7-0 Vote #178 The Committee on Finance and Property to whom was referred the matter of appropriation for repair of Lynch Park Carriage House roof 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 enclosed loan order in the amount of Two Hundred Thousand ($200,000) Dollars for the repair of the Lynch Park Carriage House Roof. Loan Order: that $200,000 is appropriated for the making of extraordinary repairs to the Carriage House at Lynch Park, consisting of the repair/replacement of its roof; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $200,000 under Chapter 44 of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes; and that any bonds or notes issued pursuant to this order shall be certified in writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property. First Passage: June 20, 2005 Public Hearing: July 5, 2005 Final Passage: July 5, 2005 Order read once and adopted on a Roll Call Vote Roll Call: Yea: Burke, Flaherty, Grimes, Hobin, Martin, Troubetaris, Guanci Nay: None Absent: Costa and Coughlin #179 The Committee on Finance and Property to whom was referred the matter of Water/Sewer Rates for 2006 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 of the Mayor to set the FY06 Water and Sewer rates at: 2005 2006 Water Rate 2.97 2.41 Sewer Rate 3.48 4.04 Combined Rate $6.45 $6.45 First Passage: June 20, 2005 Public Hearing: July 5, 2005 Final Passage: July 5, 2005 Order read once and adopted 7-0 Vote #186 The Committee on Finance and Property to whom was referred the matter of Previous Fiscal Years Bills 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 hold a public hearing on July 18, 2005 At 6:55 PM in Council Chambers, Third Floor City Hall, 191 Cabot Street, Beverly, MA relative to allow payment of unpaid invoices from the firm of Malcolm Pirnie from account “Engineering Consulting Account” in the amount of Fifty Six Thousand Seventeen dollars and fifty six cents ($56,017.56) First Passage: July 5, 2005 112 Public Hearing: July 18, 2005 Final Passage: July 18, 2005 Order read once and adopted 7-0 Vote #190 The Committee on Finance and Property to whom was referred the matter of Transfers School Dept. 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 hold a public hearing on July 18, 2005 at 6:50 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to a transfer in the amount of Two Hundred Fifty Thousand Dollars ($250,000) from Duel Fuel Conversion to account Building Consolidation. First Passage: July 5, 2005 Public Hearing: July 18, 2005 Final Passage: July 18, 2005 Order read once and adopted 7-0 Vote #136 The Committee on Legal Affairs to whom was referred the matter of Appointment Constable Douglas Vigliotta have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Ordinance read once and Adopted 7-0 Vote #147 The Committee on Legal Affairs to whom was referred the matter of appointment to Beverly Golf and Tennis Club Jeffrey Klein have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 7-0 Vote #171 The Committee on Legal Affairs to whom was referred the matter of appointment as Constables, Corinne Ray, James Smith and Kathleen Holland have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 7-0 Vote #180 The Committee on Legal Affairs to whom was referred the matter of Acceptance of Open Space Dedication Bass River Estates 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 the land in Bass River Estates as per section 29-23.B.4.c. of the Zoning Ordinance entitled “Reduction of Lot Requirements for ‘Cluster’ Residential Subdivisions” for conservation purposes as per the attached quitclaim deed. Order read once and adopted 7-0 Vote #187 The Committee on Legal Affairs to whom was referred the matter of request for waiver-Alcohol in Public Building have considered said matter and beg leave to report as follows, to wit: 113 Submit the accompanying order and recommend its adoption Ordered: That the City Council waive Section 15-10 of the City Ordinance relative to consumption of alcoholic beverages in public buildings as per the request of the Beverly Farms Library for an art reception at the Beverly Farms Library on September 10, 2005 from 5:30 to 9:30 PM. Order read once and adopted 7-0 Vote #189 The Committee on Legal Affairs to whom was referred the matter of application for second hand junk dealers license have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted 7-0 Vote #185 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination of Mortgage-Bucco have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached Subordination of Mortgage for Mary Bucco for property at 8 Virginia Avenue, as per the attached communication from Community Development manager William O’Hare. Order read once and adopted 7-0 Vote #117 The Committee on Public Services to whom was referred the matter of Use of McDonald’s Property have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote #141 The Committee on Public Services to whom was referred the matter of Waterways License-Beverly Commerce Park have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote #172 The Committee on Public Services to whom was referred the matter of reappointments Council on Aging-Cynthia Montalbano, Joseph Dettorre, Kathy Burns, Brad Gaige and Bob Marshall have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointments Order read once and adopted 7-0 Vote #173 The Committee on Public Services to whom was referred the matter of Lynch Park Fund Trustee -Joan Fairbank have considered said matter and beg leave to report as follows, to wit; Recommend the Council approve the appointment Order read once and adopted 7-0 Vote 114 #176 The Committee on Public Services to whom was referred the matter of Appointment- Maureen Cronan Solid Waste Committee have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 7-0 Vote #182 The Committee on Public Services to whom was referred the matter of Communication from Algonquin Gas Transmission have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote Unfinished Business: #134 Ordinance Public Works Article One-Trash Removal and Disposal Service Fee (5-2 Martin, Burke) #149 Ordinance MV & T Stop Sign Home Street #158 Ordinance MV & T Stop Signs Glidden and Pearson #181 Ordinance MV & T Stop Signs Kernwood at Harris Resolutions: Motions and Orders: Meeting adjourned: 10:25 PM Frances A. Macdonald, CMC City Clerk 115