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2003-04-227:35 PM Mary Renee re Government 7:45 PM #123 Public Hearing Loan Order Commercial Phase Water/Sewer Meter Replacement Referred to Finance and Property Regular Meeting of Beverly City Council April. 22, 2003Regular Meeting of Beverly City Council April. 22, 2003 Roll Call : Ronald Costa, William Coughlin, Timothy Flaherty, Donald Martin, Virginia McGlynn, Roger Morency, John Murray, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Costa Recessed for continuation of Public Hearing Appointments: Acceptance of Minutes of Previous Meeting: Meeting of April 7, 2003 Communications from His Honor the Mayor : #139 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review, Christopher P. Chigas, 10 Lowell Street, Peabody, MA 01960 to serve as a Constable of Beverly for the express purpose of serving Civil Process. His term will expire on May 1, 2006. This application for appointment has been reviewed and approved by Police Chief John Cassola. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #140 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review, the following persons to serve as members of the Commission on Disabilities: Norman Ganley Term to expire on November 1, 2005 10 Stone Street Beverly, MA 01915 Robert Nelson Temporary Director of Municipal Inspections Ex officio appointment 70 Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #141 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Re: Sale of Ryal Side Fire Station Dear Honorable Council: Request is hereby made that you authorize the Mayor to sign a deed and any other necessary documents on behalf of the City of Beverly to complete the sale of the Ryal Side Fire Station to Keith Panunzio, and that you act on this matter this evening. Very truly yours Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #142 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review, Mr. Jerry Parisella, 12 Swan Street, Beverly, MA 01915 to serve as a member of the . Beverly Youth Collaborative His term will expire on December 31, 2003. Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #143 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review, the following two persons to serve as members of the Parks and Recreation Commission: Jack O’Neil Gary Lambert 28 Sherman Street 9 Bass River Road Term to expire 12/31/05 Term to expire 12/31/03 Very truly yours, Thomas M. Crean, Mayor 71 Refer to Public Service and Aid #144 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review, Rosalie Kerr, 12 Millbrook Road, to serve as a member of the . David S. Lynch Public Parks Fund, Board of Trustees She will complete the term of Elizabeth Caputo, thus her term will expire on September 30, 2003. Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #145 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review, Charles H. Perlo, 34 Bisson Street, Beverly, MA 01915 to serve as a member of the Solid Waste Management Committee. He will replace Kathy Kowalski, who resigned. His term will expire on March 31, 2006. Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #146 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Request is hereby made for an appropriation of Two Hundred Ninety-Six Thousand and no/100 ($ Dollars from to the following accounts: 296,000.00)FREE CASH The sum of One Hundred Forty-Nine Thousand and no/100 ) ($l49, 000.00to Fire Shift Coverage Account No.12201/51323; and The sum of One Hundred Forty-Seven Thousand and no/100 ) to ($l47, 000.00 Police Overtime Account No. 12101/51310. Both of these departments had made severe cuts in their FY03 budgets as requested by the Municipal Finance Director in order for the City to balance its budget due to reductions to local aid. 72 Now that Free Cash has been certified by the State, these two transfers will provide the Public Safety Departments with enough funds to avoid layoffs in those departments during this fiscal year. Very truly yours, Thomas M. Crean, Mayor Refer to Finance and Property #147 April 22, 2003 Dear Honorable Council, Please be advised that I have identified the specific budget items that have been reduced to accommodate the 9C reductions to Lottery Aid and Additional Assistance Aid. This $653,175.95 reduction to the General Fund Budget has been difficult. Although these reductions will unfortunately cause some reductions in the important services that we provide to our community, I am pleased to say that we have made this reduction without any lay-offs to city staff. Very truly ours, Thomas M. Crean, Mayor Refer to Finance and Property #148 April 22, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Re: Settlement Agreement City of Beverly and Peabody Construction Co., Inc. Hannah and Cove School Projects Authorization is hereby requested for the Mayor to sign the attached Settlement Agreement and Release on behalf of the City of Beverly, and that you act on this matter this evening. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts Communicationsfrom other City Officers and Boards #12 April 8, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: 73 I hereby file for reconsideration of Council Order #12 relative to the motion to deny a loan order in the amount of seven hundred thirty four thousand ($734,000) dollars for a schematic design of Beverly High School. Sincerely, Timothy P. Flaherty Councilor at Large Ordered: that $937,596 is appropriated for the purchase of commercial sized water/sewer utility meters; 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 $937,596 under Chapter 44 of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application with the Emergency Finance Board 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 the Emergency Finance Board may require for these purposes; 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; and that Order No. 378 passed November 18, 2002 which previously appropriated funds for this purpose is hereby rescinded. First Passage: April 7, 2003 Public Hearing: April22,2003 Final Passage: April 22, 2003 Suspend Rules Maureen Troubetaris motion Martin Seconded 9-0 Judy Cronin, Beverly School Committee Spoke Reconsideration Fails Roll Call Vote: Yea: Costa, Coughlin, Martin, Murray Nay: Flaherty, McGlynn, Morency, Troubetaris, Guanci #59 Honorable City Council 191 Cabot Street Beverly, MA 01915 RE: Recommendation from Planning Board Zoning Amendments-Definitions and Signs Dear Members of the Council: On March 3, 2003, members of the Planning Board and City Council conducted a public hearing on the above-referenced Council Order. The Order proposes to amend Section 29-2 “Definitions” and Section 29-25 “Signs” of the Beverly Zoning Ordinance. At a regular meeting of the Beverly Planning Board held on Tuesday, March 18, 2003, members of the Board considered the proposed Order. Board members recognized that much time and energy had been spent on clarifying the existing language and revising these section of the Zoning Ordinance. They voted unanimously to recommend to the City Council that Order # 59 BE ADOPTED. Respectfully, Richard Dinkin, Chairperson Refer to Legal Affairs and Accounts #149 April 11, 2003 Beverly City Council 191 Cabot St. Beverly, MA 01915 74 Dear City Councilors: Parks and Recreation Commission programs utilize many school facilities including the elementary and middle schools and the high school. We have appreciated your support of these programs in the past and look forward to continuing these programs in the future. In particular, the Beverly Recreation Department uses Beverly High School for adult enrichment and athletic programs. Other community groups make use of the facility, for example, using the theatre for community productions and volunteer sports leagues have activities in the field house. Discussion of planning for a new or renovated high school has begun. We urge the City Council and School Community to plan this project as a community facility. The primary purpose of the facility is for the education of our children. Consideration should be given for community usage outside of the school day. We urge the School Committee to plan the new or renovated facility to provide year- round community access allowing community activities regardless of school vacation periods. We recognize that off-hour and vacation school department staffing may require innovative approaches to contain costs. However, it is not reasonable nor realistic, given the City’s severe financial constraints and discussion of a Proposition 2 ½ override, to expect taxpayers to support a facility that has limited functionality, and then only when school is in session. Therefore, in planning the new or renovated high school, the Parks and Recreation Commission requests that we and all other interested groups in the City be included in the planning and design process for the facility. The City cannot afford to invest the millions of dollars required for this improvement without maximizing return for all the City’s citizens. Very truly yours, Mark Casey, Chairman Beverly Parks and Recreation Commission Referred to Public Service and Aid #150 Communication from Beverly Golf and Tennis Commission and Johnson Golf Management relative to greens fees and cart fees for the current golf season and the addition of a 10 Round pass for frequent golfers at a cost of $350 for non residents and $315 for Beverly Residents Referred to Finance and Property Communications, Applications and Petitions: #152 Communication from former City Planner, Tina Cassidy, relative to proposals for redevelopment of City waterfront parcels. Referred to Finance and Property #153 Communication re moving of Civil War Monument Referred to Finance and Property 75 #154 Application Second Hand Junk Dealers License-The Curiosity Shop, 287 Rantoul Street (Renewal) Refer to Legal Affairs and Accounts #155 Application Second Hand Junk Dealers License-GameStop 2447, 43 Dodge Street Refer to Legal Affairs and Accounts #156 Application Class II Motor Vehicle Dealers License-IGM Enterprises, Inc. d/b/a Cobblestone Vintage Motors, 119 Rantoul Street Refer to Legal Affairs and Accounts #157 Claim-Ann Evans, 55 Sonning Road Receive and Place on File Refer to City Solicitor #158 Claim-Karen Tumbarello, Danvers, MA-Pothole Receive and Place on File Refer to City Solicitor Reports from Committees : #119 The Committee on Finance and Property to whom was referred the matter of Reduction of 03 Water Fund appropriation have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the fiscal year 2003 water fund appropriation be reduced as follows: Consumption/Use Revenue (42220) reduced by7 $559,416.00 from $4,702,340.00 to $4,142,924.00 Liens Revenue (41420) increased by $224,756.00 from $110,000.00 to $334,756.00: for a total reduction in Revenue of $334,660.00 and that Long term Debt Service Interest Expense (59105) be reduced by $20.00 from $334,111.00 to $334,091.00: Capital Expenditures (58912) be reduced by $124,927.00 from $305,679.00 to $180,752.00: Reserve for unforeseen Expense (57000) be reduced by $209,713.00 from $440,000.00 to $230,287.00 For a total reduction in Expenditures of $334,660.00 9-0 Vote Order read once and adopted 76 #120 The Committee on Finance and Property to whom was referred the matter of request to establish Water Utility and Sewer Utility Enterprise Funds 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 of Beverly accept the provisions of Chapter 44, Section 54F ½ of the Massachusetts General Laws, establishing the Water Utility as an enterprise fund effective fiscal year 2004 and that the City of Beverly accept the provisions of Chapter 44, Section 53F ½ of the Massachusetts General Laws, establishing the Sewer Utility as an enterprise fund effective fiscal year 2004 9-0 Vote Order read once and adopted #121 The Committee on Finance and Property to whom was referred the matter of request to transfer funds from South Essex Sewer District 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 treasurer be authorized to transfer the City of Beverly’s fiscal year 2002 unreserved balance of $280,658.00 from the South Essex Sewer District to the city treasury crediting the sewer fund. 9-0 Vote Order read once and adopted #123 The Committee on Finance and Property to whom was referred the matter of Loan Order for commercial water meters and rescinding of order 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 authorize the enclosed loan order for nine hundred thirty seven, five hundred ninety six ($937,596) Dollars for the commercial phase of the water and sewer utility meter replacement project and be it further that order #378 adopted on November 18, 2002 be rescinded. Loan Order: Ordered: that $937,596 is appropriated for the purchase of commercial sized water/sewer utility meters; 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 $937,596 under Chapter 44 of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application with the Emergency Finance Board 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 the Emergency Finance Board may require for these purposes; 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; and that Order No. 378 passed November 18, 2002 which previously appropriated funds for this purpose is hereby rescinded. First Passage: April 7, 2003 Public Hearing: April22,2003 Final Passage: April 22, 2003 8-1 Vote Troubetaris against Order read once and adopted 77 #132 The Committee on Finance and Property to whom was referred the matter of Communication from Dept. of Housing and Community Development re Soft Second Loan Program have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #134 The Committee on Finance and Property to whom was referred the matter of Resolution re FY04 Budget have considered said matter and beg leave to report as follows, to wit: Recommend the Council adopt the resolution 7-2 Vote Murray and Flaherty against Order read once and adopted #146 The Committee on Finance and Property to whom was referred the matter of appropriation of Funds from Free Cash (296,000) 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 Monday, May 5, 2003 at 7:50 PM in Council Chambers, 191 Cabot Street, Beverly MA relative to an appropriation of two hundred ninety-six thousand dollars from Free Cash to the following accounts: The sum of one hundred forty nine thousand ($149,000) to fire shift coverage and the sum of one hundred forty seven thousand ($147,000) to Police Overtime. 9-0 Vote Order read once and adopted # 85 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance-Sealer of Weights and Measures Fees 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 three An Ordinance amending an ordinance increasing the fees charged by the Department of Weights and Measures of the City of Beverly Be it ordained by the city council of the city of Beverly as follows: Section 1. An ordinance is hereby established increasing the fees of the Weights and Measures Department of the City of Beverly in accordance with Chapter 351 of the Acts of 1981 of the Massachusetts Legislature, authorizing the Commonwealth’s Cities and Towns to increase certain fees in order to secure additional non-tax revenue. Section 2. The Fees for the Weights and Measures Department of The City of Beverly shall be as follows: DEVICE SEALING FEES ADJUSTING CHARGES BALANCE & SCALES: Over 10,000 lbs. 200.00 100.00 78 5,000 to 10,000 lbs. 100.00 50.00 1,000 to 5,000 lbs. 75.00 40.00 100 to 1,000 lbs. 35.00 20.00 More than 10 lbs. less than 100 lbs 25.00 15.00 10 lbs or less 15.00 10.00 Re-Inspection—New 25.00 -- WEIGHTS: Avoirdupois (Each) 3.00 -- Metric (Each) 4.00 -- Apothecary 5.00 -- CAPACITY MEASURES: Vehicle Tanks Each Indicator 15.00 -- Each 100 Gals. or Fraction Thereof 10.00 -- Liquid 1 Gallon or less 10.00 -- More than 1 gallon 15.00 -- LIQUID MEASURING METERS: Inlet ½” or less Oil, Grease 10.00 -- Inlet more than ½” to 1” Gasoline 25.00 20.00 Inlet more than 1” Vehicle Tank Pump 100.00 50.00 Vehicle Tank Gravity 100.00 -- Bulk Storage 100.00 -- Company Supplies Prover 75.00 50.00 Diesel 25.00 20.00 PUMPS: Each stop on pump Re-Inspection-New 25.00 -- OTHER DEVICES: Taxi Meters 25.00 15.00 Leather Measuring (Semi-Annual) 10.00 -- Fabric Measuring 10.00 -- LINEAR MEASURES: Yard Sticks 1.00 -- Section 3. At the discretion of the Sealer of Weights and Measures, all fees are due upon or within ten days of testing and/or adjustment. Section 4. When permitted by the Sealer of Weights and Measures, any fee(s) deemed due within ten days of testing/adjustment, if not so paid, shall be subject to a late fee per device of 50% of the original fee or $25.00, whichever is greater. State Law Reference – General Laws Chapter 98 §56. Ordinance to take effect upon passage. 9-0 Vote Order read once and adopted 79 #124 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic re No Parking Pickett 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 three An Ordinance amending an ordinance entitled Motor Vehicles and Traffic Be it ordained by the city council of the City of Beverly as follows, to wit: That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows, to wit: Pickett Court, easterly side, from Hale St. to the end. ADD: This ordinance to take effect upon passage according to City Charter. First Passage: April 22, 2003 Final Passage: May 5, 2003 9-0 Vote Order read once and adopted #125 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from City Solicitor re E. Comeau have considered said matter and beg leave to report as follows, to wit; Receive and Place on File 9-0 Vote Order read once and adopted #126 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication E. Comeau have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That Edward Comeau be allowed to read his letter with no comment from the Council as per the provisions of the City of Beverly Charter Section 3-4 (a) 4-5 Vote Order read once and failed P. Gilmore - Be mindful of some of comment—reject committee report Back to Committee-Motion Fails 4-5 Martin, Flaherty, Costa, Morency, Coughlin #131 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for 3 Limo Licenses, Boston Chauffeur Service have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted 9-0 Vote Order read once and adopted 80 #141 The Committee on Legal Affairs and Accounts to whom was referred the matter of Authorization for Mayor to sign deed relative to sale of Ryal Side Fire Station 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 authorize the Mayor to sign a deed and any other necessary documents on behalf of the City of Beverly to complete the sale of the Ryal Side Fire Station to Keith Panunzio. 9-0 Vote Order read once and adopted #148 The Committee on Legal Affairs and Accounts to whom was referred the matter of Authorize Mayor to sign Settlement Agreement 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 authorize the Mayor to sign the attached Settlement Agreement and Release on behalf of the City of Beverly to Peabody Construction Co., Inc. for the Hannah and Cove School projects. 9-0 Vote Order read once and adopted Resolutions: Unfinished Business: Motions and Orders: #159 By Councilor Coughlin: Ordered: Transfer responsibility for Hurd Stadium from the Beverly Public Schools to the Beverly Public Works Dept. for maintenance and administration to the Hurd Stadium Advisory Committee. Refer to Finance and Property #160 By Councilor Flaherty Beverly Home Rule Charter States: “Section 6-8: CAPITAL IMPROVEMENT PROGRAM” The Mayor shall submit a capital improvement program to the City Council at least one hundred fifty days before the start of each fiscal year. It shall include: (a) a clear and concise general summary of its contents: (b) a list of all capital improvements proposed to be undertaken during the next ensuing five years, with supporting information as to the need for each capital improvement; (c) cost estimates, methods of financing and recommended time schedules for each improvement: and, (d) the estimated annual cost of operating and maintaining each facility and piece of major equipment involved 81 This information is to be annually revised by the mayor with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. We are not 75 days away from the start of the next fiscal year and you have yet to bring the Charter-required capital improvement plan to the City Council. You are also now 75 days into violating this section of the Charter. Please let me know when we will see your five year Capital Improvement Plan. Certainly, the Council needs adequate time to review it, and accept public comment, particularly in light of recent and expected requests for bonding, as well as to consider it as a total package with the upcoming FY04 budget. Referred to Finance and Property #161 By Councilor Troubetaris Ordered: That Article one, Section 5-4 of the General Section of the Beverly City Ordinance be amended to add: (A) No person shall operate a motorized scooter, motorized skateboard, or other similar motorized motor Vehicle on any public way, sidewalk, playground, or on any property owned by the City of Beverly. The following vehicles shall be exempt from the provisions of this ordinance: 1. Vehicles licensed by the Commonwealth of Massachusetts 2. Vehicles used by handicapped persons 3. Landscape Equipment Any person violating the provisions of this ordinance shall be subject to a written warning for the First offence, impoundment of equipment for a period not to exceed fifteen (15) days for the second offense, a fine or penalty of twenty dollars ($20.00) for the third offense, a fifty ($50.00) fine thereafter. Referred to Legal Affairs and Accounts #151 By: Councilor John W. Murray Ordered: That the following question shall appear on the ballot at the general election scheduled for Tuesday, November 4, 2003. "Shall the city of Beverly be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for a bond of $734,000 to be issued in order to obtain a schematic design for an addition to Beverly High School? Yes - No "; that the question shall not appear on the ballot at said general provided, however, election if the city of Beverly is furnished with equivalent and appropriate plans by the Department of Education of the Commonwealth of Massachusetts on or before September 21, 2003. Referred to Finance and Property Meeting adjourned: 9:42 PM Frances A. Macdonald, CMC City Clerk 82