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2004-02-176:30 PM Public Hearing Transfers-Handicapped Parking Fines Refer to Finance and Property 6:40 PM Public Hearing Transfer-Salary Account Refer to Finance and Property 6:50 PM Public Hearing Public Property Repair Refer to Finance and Property 7:00 PM Joint Public Hearing Re-Zoning Edwards School Refer to Legal Affairs and Accounts and Planning Board Regular Meeting of Beverly City Council 8:00 PM February 17, 2004Regular Meeting of Beverly City Council 8:00 PM February 17, 2004 Roll Call : Councilors Present: John J. Burke, William Coughlin, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Councilors Costa and Flaherty were absent Pledge of Allegiance to the Flag : Led by John Thomson, Planning Board Appointments: Acceptance of Minutes of Previous Meeting: Meeting of February 2, 2004 Communications from His Honor the Mayor : #68 February 17, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Beverly Golf and Tennis Commission: Martin Lawler 36 Ellsworth Avenue Beverly, MA 01915 Michael Pierce 17 Pine Knoll Drive Beverly, MA 01915 Their terms to be effective until February 1, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs and Accounts #69 February 17, 2004 Honorable City Council City Hall 32 Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. John Duval, 6 Marjorie Way, Beverly, MA 01915, to serve as a member of the Airport Commission. His term will be effective until December 31, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs and Accounts #70 February 17, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, Mr. James A. Tognazzi, 459 Cabot Street, Beverly, MA 01915, to serve as a member of the Airport Commission. He will replace James Danforth whose term has expired. Mr. Tognazzi’s term will be effective until December 31, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs #71 February 17, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As is fully described in Finance Director John Dunn’s attached memorandum, it is essential that Beverly undertake a full measure and list of all real property. This action is required by the Department of Revenue and needs to be conducted as soon as possible. The cost is estimated at between $375,000 and $450,000 and is properly bondable for a period of up to ten years. Please set a Public Hearing on this project at the earliest practical date. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #72 February 17, 2004 Honorable City Council City Hall 33 Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. William Alpine, Jr., 10 Bass River Road, Beverly, MA 01915, to serve as a member of the Board of Health. Mr. Alpine’s term to be effective until December 31, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Service #73 February 17, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Paul Earl, 6 Quincy Park, Beverly, MA 01915 to serve as the Mayoral appointee to BEV-CAM. As per the BEV-CAM’s By-Laws, Mr. Earl’s term will be effective for one year until January 14, 2005. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #74 February 17, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Patricia Murphy, 34 Appleton Avenue, Beverly, MA 01915, to serve as an Alternate Member to the Zoning Board of Appeal. Ms. Murphy’s term will be effective until October 1, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from other City Officers and Boards #75 February 10, 2004 Honorable City Council City Hall Beverly, MA. 01915 Dear Councilors, 34 I have enclosed for your information the Call for the March 2, 2004 presidential Preference Primary Election. Respectfully, Frances A. Macdonald, CMC City Clerk Receive and Place on File #76 February 10, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Two-hour parking, Federal St., Rantoul to Chase St. We have been working with Councilors Costa and Burke, Wards 2 & 3, to get some relief for residents and businesses from the all-day commuters parking on Federal St. from Rantoul St. to Chase St. The best solution we have devised to post this section of Federal St. 2-hour parking, 7:00 a.m. to 12 noon.. Please take the necessary action to add to Chapter 14, Section 126 (d) as follows; No person shall park a vehicle for longer than two (2) hours ADD: c14, s 126 (d); between the hours of 7:00 a.m. and 12 noon, Monday thru Friday, on Federal St., southerly side, from Rantoul St. to Chase St. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #63A Communication from Acting Director of Human Resources re List of Current Department Heads and the date of expiration of their appointments Refer to Legal Affairs Communications, Applications and Petitions: #77 North Shore Regional Vocational School District-Annual Report-Short Form Refer to Receive and Place on File #78 North Shore Regional Vocational School District Annual Report Refer to Finance and Property #79 Claim-Matthew P. MacKinnon, Salem, MA for Pot hole damage Receive and Place on File Refer to City Solicitor 35 Reports from Committees : #37 The Committee on Finance and Property to whom was referred the matter of Communication re benefits taken by former Administration have considered said matter and beg leave to report as follows, to wit: Receive and Place on file 7-0 Vote Order read once and adopted #38 The Committee on Finance and Property to whom was referred the matter of financial impact on budget regarding recent benefit payments have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 7-0 Vote Order read once and adopted #38A The Committee on Finance and Property to whom was referred the matter of reply from Finance Director re financial impact on budget regarding recent benefit payments have considered said matter and beg leave to report as follows, to wit: Receive and Place on file 7-0 Vote Order read once and adopted #39 The Committee on Finance and Property to whom was referred the matter of Request to consolidate services between the City and 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 and the School Department consider consolidating services. 7-0 Vote Order read once and adopted #42 The Committee on Finance and Property to whom was referred the matter of Appointment – Director of Municipal Finance and Treasurer- John Dunn have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Amended Appointment Amended by adding … provided that the term of said appointment shall expire as of January 31, 2007 6-1 Vote Burke Against Order read once and adopted #43 The Committee on Finance and Property to whom was referred the matter of Appointment-Executive Secretary-Linda Giallongo have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 36 7-0 Vote Order read once and adopted #44 The Committee on Finance and Property to whom was referred the matter of Appointment-City Solicitor-Roy Gelineau, Jr. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Amended Appointment Amended by adding … provided that the term of said appointment shall expire as of January 31, 2007 7-0 Vote Order read once and adopted #45 The Committee on Finance and Property to whom was referred the matter of Appointment – Director of Planning and Development- Tina Cassidy have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment provided that the term of said appointment shall expire as of January 31, 2007 6-1 Vote Burke Voted Against Order read once and adopted #46 The Committee on Finance and Property to whom was referred the matter of transfer to various accounts from Handicapped Parking Fees 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 Mayor Scanlon for a transfer from account “Handicapped Parking Fines” to the following accounts as per the request of the Beverly Commission on Disabilities: $1,000.00 to Account No. 337 5700 “Other Expenditures $1,840.42 to Account “Purchase and install assistive hearing devices in the Council Chamber $4,500.00 to Account No. 337 55366 Curb Cuts on Rantoul and Elliott Streets _________ $7,304.42 Total First Passage: Feb. 2, 2004 Public hearing: Feb. 17, 2004 Final Passage: Feb. 17, 2004 7-0 Vote Order read once and adopted #47 The Committee on Finance and Property to whom was referred the matter of transfer to account Director of Municipal Finance Salary 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 Mayor Scanlon for a transfer from account Reserve for Unforeseen to Director of Municipal Finance – Salary in the amount of $1,500.00. First Passage: Feb. 2, 2004 Public hearing: Feb. 17, 2004 37 Final Passage: Feb. 17, 2004 5-2 Vote Coughlin and Burke voted against Order read once and adopted #48 The Committee on Finance and Property to whom was referred the matter of transfer to Account-Public Property Repair have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the City Council approve the request of Mayor Scanlon for a transfer from account Reserve for Unforeseen to Public Property Repair in the amount of eleven thousand ($11,000) Dollars First Passage: Feb. 2, 2004 Public hearing: Feb. 17, 2004 Final Passage: Feb. 17, 2004 6-1 Vote Troubetaris voted against Order read once and adopted #67 The Committee on Finance and Property to whom was referred the matter of request of Kathy Griffin have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That Kathy Griffin do an in dept analysis of our revenue and expenditures as compared to other cities of our size. 7-0 Vote Order read once and adopted #71 The Committee on Finance and Property to whom was referred the matter of request to set Public Hearing relative to funding for full measure and list of all real property 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, March 1, 2004 at 7:45 PM , in council chambers, 191 Cabot Street, Beverly, MA relative to the enclosed loan order to fund a full measure and list of all real property. Loan Order: that $450,000 is appropriated for the payment of charges incurred under contracts for the expert appraisal of taxable property in the City; 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 $450,000 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. 7-0 Vote Order read once and adopted #31 The Committee on Legal Affairs to whom was referred the matter of Application for Wiers, Pound Nets, Fish Traps have considered said matter and beg leave to report as follows, to wit: 38 Submit the accompanying order and recommend its adoption Ordered: That the City Council DENY the application of Douglas Heath for Weirs, Pound Nets or Fish traps. 7-0 Vote Order read once and adopted #56 The Committee on Legal Affairs to whom was referred the matter of acceptance of MGL Chapter 148, Sec. 26H 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 adopt M.G.L. Chapter 148, Section 26H which pertains to the installation of automatic sprinkler systems in lodging or boarding houses. All other local option legislation within Section 26 of Chapter 148 has already been adopted by the City. 7-0 Vote Order read once and referred back to committee #70 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment to Airport Commission of James Tognazzi have considered said matter and beg leave to report as follows, to Wit: Recommend the Council approve the appointment 7-0 Vote Order read once and adopted #74 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment of Patricia Murphy as an Alternate Member to the Zoning Board of Appeal have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 7-0 Vote Order read once and adopted #50 The Committee on Public Services to whom was referred the matter of Appointment to Parks and Recreation Commission –Gary Lambert have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 7-0 Vote Order read once and adopted #51 The Committee on Public Services to whom was referred the matter of Appointment as Danvers Representative to Beverly Airport Commission-Gardner Trask have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 7-0 Vote Order read once and adopted 39 #52 The Committee on Public Services to whom was referred the matter of Appointment to Parks and Recreation Commission – Michael Gaudette have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 7-0 Vote Order read once and adopted Unfinished Business: The following ordinances were passed by City Council and held for Final Passage as per Charter Provisions. #20 Ordinance MV & T No Parking Pleasant Street 6-1 Vote Troubetaris Against #24 Ordinance-Demolition of Historically Significant Buildings 7-0 Vote Resolutions: Motions and Orders: #80 By Councilor Martin: Ordered: That the City establish the following “Leave Policy” for all non-contract, full- time employees: VACATION LEAVE Length of Creditable Service Monthly = Annually Hours Carried Over Less than 5 years 5.833 hours 10 days up to 20 days 5 years but less than 10 years 8.75 hours 15 days up to 30 days 10 years but less than 20 years 11.666 hours 20 days up to 40 days 20 years or more 14.583 hours 25 days up to 50 days All vacation credit is accrued monthly. Employees are not allowed to carry over more than 2 years of vacation credit into the next calendar year. An employee’s past service to either the Commonwealth of Massachusetts or a municipality of the Commonwealth will be applied to that employee’s current years of creditable service. Employees leaving City employment are not entitled to more vacation credit than has been accrued during their employment. SICK LEAVE All non-contract, full-time employees shall accumulate sick leave with pay credits not to exceed 15 working days for each year of service (8.75 hours/month). Sick leave not used in any year may be accumulated without limit. PERSONAL LEAVE On each January 1, a non-contract, full-time employee on the payroll as of that date st will be credited with 21 hours (3 days) of personal credit leave. Full-time employees, beginning City service on or after the first day of the calendar year, shall be credited with paid personal leave as follows: Date of Employment Personal Leave Granted January 1 through March 31 21.0 hours = 3 days April 1 through June 30 14.0 hours = 2 days July 1 through September 30 7.0 hours = 1 day October 1 through December 31 0.0 hours 40 Any personal leave not taken by December 31 will be forfeited. Personal leave cannot st be cashed out at time of termination. It is a strictly use or lose credit. COMP TIME All non-contract, full-time employees shall be prohibited from being reimbursed for any hours worked over 35 hours a week. Referred to Finance and Property Copy sent to Mayor and City Solicitor Meeting adjourned: 10:20 PM Frances A. Macdonald, CMC City Clerk 41