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2006-01-17 Regular Meeting of Beverly City Council 8:00 PM January 17, 2006 Roll Call : Councilors Present: John J. Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, , Maureen Troubetaris, Paul Guanci Councilor Flaherty arrived at 7:05 PM Pledge of Allegiance to the Flag : Led by Councilor Gooding Appointments Appointment of Council Vice President Donald Martin 9-0 Vote Communications from His Honor the Mayor : #14 Beverly City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you remember, the City Council approved a $60 million loan order for the construction of the Beverly High School project in June of 2005. That order was conditional and subject to another vote of the Council before the bulk of the funds ($56.4 million) were to be expended. The project entails building a new academic wing, refurbishing common spaces (notably the cafeteria, auditorium and field house) and then demolishing the existing academic wing (see attached sketch). For reasons that are explained below, I am requesting that the June 2005 loan order be amended. A proposed draft of the amended order has been prepared by Finance Director John Dunn and is attached to this letter. The draft is currently being reviewed by the City’s bond counsel and is subject to minor changes based on that review, but the attached draft covers the essence of the matter. This letter provides additional information concerning the project and expected funding sources. We expect the City will pay for this project out of the General Fund, but doing so will not be easy. It will require the commitment of identifiable new tax revenue growth for the foreseeable future. Dedicating new growth to a particular project cannot be done lightly, since the City will have many other financial needs in the coming years that will compete for these funds. Once we set aside these funds, we must take care to remember that they are simply unavailable for other purposes. Let me also say that under normal circumstances I would not make this appropriation request until detailed construction drawings and cost estimates were available. But as you all know we face the certainty of losing our high school’s accreditation if we fail to appropriate these funds now. That loss of accreditation would take years to reverse, with highly negative consequences for our community in the meantime. I have increased the overall estimated project expenditure to $65 million in keeping with the latest estimates and to add conservatism to the numbers. Every effort will be made to hold down pre-construction and construction costs consistent with delivering the best school project possible. The approach taken herein is as follows: Reduce the total estimated project cost to the City by the expected 50% MSBA reimbursement. Further reduce the City portion to be bonded by the $2.0 estimated proceeds from the McKay School sale. The resulting debt service on the remaining $30.5 Million balance would be supported by the $1.0 Million in debt service that will run off through fiscal 2010 plus the new growth provided by following among others: expiration of the Cummings TIF in 2007, additional Cummings development in the “500” Building and the hotel construction and the development of the McKay School. The following narrative explains this logic and the following page of this letter shows the calculations. As you will see from the following detail, the expected revenues match the anticipated debt service closely. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property Communications from other City Officers and Boards #15 January 6, 2006 Honorable City Council C/o Mrs. Frances MacDonald 6 City Hall Beverly, MA. 01915 Dear Councilors, Re: Amend Parking Ordinance on Rantoul Street In a letter dated April 14, 2005, I requested an amendment to City Ordinances 14-125 (a), one-hour parking and 14- 126 (a), two-hour parking, to allow an extended period of parking on Rantoul St. to better serve the businesses located between Bow St. and Federal St. I have recently been contacted by other businesses to extend this two-hour limit 1 more block, to include Wallis St. I checked this area and agree this would better serve the parking needs of these merchants. Please take the necessary action to amend Chapters 14, Section 126 (a), Two-hour parking Chapter 14-125 (a), One- hour parking as follows: Delete: Sec. 14-126, (a), Rantoul Street, both sides, from Bow Street to Federal Street. Add: Sec. 14-126 (a), Rantoul Street, both sides, from Wallis Street to Federal Street. Delete: C14-125 (a), Rantoul Street, both sides, from Broadway to Bow Street. Add: Sec. 14-125 (a), Rantoul Street, both sides, from Broadway to Wallis Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #16 January 6, 2006 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Parking Ordinance change request, Rantoul Street We have received a request from 38 Rantoul St., Luigi’s pizza to change the 1-hour parking to 15-minute parking on Rantoul Street, between School Street and 38 Rantoul Street. We looked into this requests and we concur with them. Please take the necessary action to amend Chapters 14, Section 125 & 126 as follows: Delete: Sec. 14-125, (a), One-hour parking Rantoul Street, westerly side, from School Street to number 50 Rantoul Street. Add: Sec. 14-125 (a), One-hour parking Rantoul Street, westerly side, from 40 Rantoul Street to 50 Rantoul Street. Add: Sec. 14-123 15-Minute parking Rantoul Street, westerly side, from School Street to 38 Rantoul Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #17 January 17, 2006 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: 7 In November 2003, the City participated in a pooled bond issue sponsored by the Massachusetts Water Pollution Abatement Trust (the “Trust”). The City’s $750,000 share of the proceeds was dedicated to the development of a Storm Water management plan. The original pooled bond issue documents called for any undistributed portion of the bond remaining two years from the date of issue to be used to prepay loan amounts then outstanding. We have passed such two-year milestone with a number of pool participants, including the City of Beverly, having undistributed funds in the pool. In our case such amount is $64,771. It is the desire of the Trust and the participants to amend the original loan documents to allow for the distribution of the remaining proceeds to be used for project costs despite the two-year passage of time. Edwards Angell Palmer & Dodge LLP, our bond counsel, have provided a form of vote to be taken by the Committee on Finance & Property to amend the original pooled bond documents. Such form of vote is attached. The Trust has set a closing of January 25, 2006 for the amended transaction. Your action on the attached vote at tonight’s meeting would be most appreciated. Very truly yours, John P. Dunn, Finance Director Refer to Finance and Property Communications, Applications and Petitions: #18 Petition of National Grid for underground conduit and secondary wire at HH-30, Rantoul St. Beverly. Refer to Public Services #19 Petition of National Grid for underground conduit encased in concrete in Court St. Beverly. Refer to Public Services Reports from Committees: #14 The Committee on Finance and Property to whom was referred the matter of an amended Loan Order for 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 hold a public hearing on Monday, February 6, 2006 at 7:45PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to the enclosed amended loan order in the amount of $65,000,000 relative to construction at Beverly High School Ordered: that $65,000,000 is appropriated for constructing, equipping and furnishing a new high school, including the cost of architectural services for plans and specifications related thereto; that to meet this appropriation $1,000,000 shall be transferred from the unspent proceeds of the City’s Municipal Purpose Loan of 2003 Bonds dated November 1, 2003, which unspent proceeds relate to the $11,437,000 portion of such bonds issued under G.L. c.70B and Order No. 241 of the City Council approved on June 19, 2002, and 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 $64,000,000 under Chapter 44 of the General Laws, Chapter 70B of the General Laws or any other enabling authority; provided, however, that no expenditures shall be made pursuant to this order, except for up to $3,600,000 for planning and other preliminary expenses, and no construction contract for the project shall be awarded until plans for the project have been presented to and approved by the City Council; 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: January 17, 2006 Public Hearing: February 6, 2006 Final Passage: February 6, 2006 8 Order read once and adopted 9-0 Vote #17 The Committee on Finance and Property to whom was referred the matter of Mass Water Pollution Abatement Trust 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 Finance Director John Dunn for the Clerk of Committees to sign the enclosed document relative to a pooled bond issue sponsored by the Massachusetts Water Pollution Abatement Trust. Order read once and adopted 9-0 Vote #6 The Committee on Legal Affairs to whom was referred the matter of Application for Class II MVDL Michael’s Auto Body of Beverly, Inc. have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted 9-0 Vote #10 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Zoning Sec. 29-2.42 Setback have considered said matter and beg leave to report as follows, to wit: Refer to Planning to set Joint Public Hearing Order read once and adopted 9-0 Vote #12 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Article IV, Junk and Second Hand Dealers have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption In the year two thousand and six An Ordinance Amending an ordinance entitled Article IV. Junk and Secondhand Dealers Be it ordained by the city council of the city of Beverly as follows: Delete in its entirety the present Sec. 12-72 and substitute a new Section 12-72 as follows: “ADD Sec. 12-72 Record to be kept of purchases. Every keeper of a shop in the City for the purchase, sale or bartering of gold, silver, or other valuable second hand items shall keep a permanently bound book in which he shall at the time of purchase of any item enter in the English language a legibly printed and detailed description thereof, and the amount paid therefore, the name and residence (by street and number, city or town), telephone number, date of birth and social security number of the person from whom such items are purchased; and the date and hour of the transaction. In addition thereto such shopkeeper shall 1. Require the person selling such articles to provide one form of photo identification issued by a government agency. A copy of such photo identification shall be made and maintained with said book as part of his records. 2. Make and maintain a photograph of all items purchased and keep said photograph with said book as part of his records. 3. Photograph the person selling said items and shall keep said items and shall keep said photograph with said book as part of his records. Said book and the photocopies and photographs required hereby shall at all times be open to the inspection of the Mayor, the City Council or any individual City Councilor, police officers of the City of Beverly or State Police or to any other person authorized by the Mayor or City Council to make such inspection.” 9 And Delete from Sec. 12-74 the words “fourteen (14) days” and substitute therefore the words “thirty (30) days.” And Delete from Sec. 12-77 the works “Lords Day” and substitute therefore the works “Sundays” And Add a new Sec. 12-83 to read as follows: “Sec. 12-83. Required Reporting to Police Department Simultaneously with the entry of information into the permanently bound book required by Sec. 12-72 the Keeper of a shop for the purchase and sale of gold, silver, and/or other valuable second hand items shall photocopy the FAX to the Chief of Police of the City or his designee a copy of such entry. If delivery cannot be made by FAX for whatever reason, the copy of the above transaction should be hand delivered to the Chief of Police or his designee.” AND Add a new Sec. 12-84 to read as follows: “Sec. 12-84. Penalties. Failure to comply with any requirement of this ordinance shall result in a fine of $100 for the first offense and a fine of $300 for any second or subsequent offense. Ordinance read once and held for final passage as per charter provisions 9-0 Vote #5 The Committee on Public Services to whom was referred the matter of Petition of National Grid for a Joint Owned Pole on McKay Street have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, February 6, 2006 at 7:02 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for relocation of one JO pole #0568, 24 feet north of its present location on McKay Street. First Passage: Jan. 17, 2006 Public Hearing: Feb. 6, 2006 Final Passage: Feb. 6, 2006 Order read once and adopted 9-0 Vote #8 The Committee on Public Services to whom was referred the matter of Communication re housing of City Vehicles 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 #18 The Committee on Public Services to whom was referred the matter of Petition of National Grid for installation of underground conduit and secondary wire at HH-30 Rantoul St. have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, February 6, 2006 at 7:05 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for installation of underground conduit and secondary wire in the public way at HH-30, in vicinity of Federal Street at Rantoul Street, Beverly, MA First Passage: Jan. 17, 2006 Public Hearing: Feb. 6, 2006 Final Passage: Feb. 6, 2006 Order read once and adopted 9-0 Vote 10 #19 The Committee on Public Services to whom was referred the matter of Petition of National Grid for installation of conduit encased in concrete in Court St. have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, February 6, 2006 at 7:12 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for installation of a conduit encased in concrete in Court Street, Beverly, MA First Passage: Jan. 17, 2006 Public Hearing: Feb. 6, 2006 Final Passage: Feb. 6, 2006 Order read once and adopted 9-0 Vote Unfinished Business: Resolutions: Motions and Orders: #20 By Councilor Burke: Ordered: That the Beverly City Council adopt the attached resolution relative to access to recordings of City Council Meetings. Refer to Legal Affairs #21 By Councilor Martin: Ordered that the Building Commissioner appear before the Legal Affairs Committee to discuss the use of Sandwich and temporary signs and their enforcement Order read once and Adopted 9-0 Vote Meeting adjourned: 8:45 PM Frances A. Macdonald, CMC City Clerk 11