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2004-03-017:45 PM Public Hearing-Loan Order List and Full measure of property Refer to Finance and Property Regular Meeting of Beverly City Council 8:00 PM March 1, 2004Regular Meeting of Beverly City Council 8:00 PM March 1, 2004 Roll Call : Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris Councilor Paul Guanci was absent Pledge of Allegiance to the Flag : Led by Councilor Hobin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of February 17, 2004 Communications from His Honor the Mayor : #81 March 1, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request permission to address the City Council regarding the current financial status of the City at your regularly scheduled meeting on March 1, 2004. Very truly yours, William F. Scanlon, Jr., Mayor BEVERLY’S STATUS AS SEEN AFTER EIGHT WEEKS IN OFFICE You will recall that I stated my intention on Inauguration Day to give you an update on the City’s financial condition in 60 days. Tonight is not quite 60 days into the term, but close enough. The City budget for the current fiscal year depends heavily on one time revenues including $925,000 from the sale of the Edwards School and other revenues totaling at least $1,000,000 from sources which will not be available for the upcoming fiscal year starting July 1. As you know we have recently and reluctantly reduced the number of fire engines with ladders in service from two to one, and we eliminated the position of Aide to the Mayor. We are watching every dollar closely. Against this background it is anticipated that we will finish the current fiscal year approximately at budget provided snow and ice removal costs remain moderate. The situation for the upcoming year is far more bleak. Not one of the City’s 13 unions is operating under a current contract. While negotiations are proceeding with several unions, no agreements have been reached. The non-availability of the one-time funds which balanced this year’s budget combined with other issues have led the Council Budget Analyst, Kathryn Griffin, to conclude that projected expenses will exceed revenues by about $4,000,000 for FY 2005. Kathryn Griffin’s thinking is logical. Beverly’s retirement costs for next fiscal year are up 13% or $640,000 to $5,500,000. Much of this increase is due to the ill-advised Early Retirement Program. The City faces an increase in its trash collection and disposal costs in the order of $700,000 annually. Medical costs continue to rise. Simply maintaining the existing medical benefit for employee family plans means approximately an additional 2% of salary cost increase to the city each year with no increase in benefits to the employee. That statement is based on 8% annual increases in medical costs. Actual cost increases have been greater in recent years. In addition, State Aid is totally level funded, while as you know essentially all of our costs are increasing Before I start discussing the ways to try to deal with these challenges, I think it’s important to note the drop-off in public school enrollment in our city. Since 1997, our elementary schools, which are in excellent physical condition and staffed with excellent teachers have seen enrollment drop from 2462 to 2081 pupils or a decrease of about one of every six children. Beyond that the Superintendent sees continued declines in the overall population through at least 2009 or a period of 12 straight years. You might ask what is happening, and I think that a major part of the answer is that our City has become too expensive for many working class families with children. This phenomenon in my opinion is not something which is coming but something which is here, and I expect will continue. Person after person tells me that his or her children can’t afford to live in Beverly. My thinking needs to be questioned, and I welcome feedback on this subject. But if I am right, we will need to rethink the appropriate physical facilities to meet our future needs. Let me also go on record at this point in saying that as a general rule, I very much disapprove of selling assets to fund operating expenses. Those who would pursue this approach must eventually run out of assets to sell. There are times, however, when special circumstances prevail. As we replace or upgrade assets, we will have opportunities to dispose of assets that are no longer needed or are inadequate to the needs of the community. Good asset management requires that we not only have and maintain capital assets necessary to accomplish our goals, but that we do not appropriate scarce dollars to maintain assets that don’t enable us to reach such goals. 42 Now to a first look as to how we will deal with next year’s budget. We have begun specific action aimed at reducing overdue taxes. We are reviewing and in many cases increasing building permit related fees while ensuring consistent and logical application of rules. There have been some loopholes in our regulations. We are working with Main Streets and the Beverly Chamber of Commerce on possible increases in parking fees. We have begun action to increase voluntary contributions from non-profits for next year. These contributions are better known to some as PILOTS (Payments in Lieu of Taxes). We will of course review all budgets thoroughly as part of next year’s budget process for possible expense reductions. I have requested that the Harbor Management Authority increase revenues by finding appropriate means to add to the number of boat slips in the harbor. I have requested that the Airport Commission proceed to sell surplus land for economic development. Total trash collection and disposal costs will increase during next fiscal year to an annual rate in excess of $2.5 million. For next fiscal year I anticipate proposing a quarterly user fee of $25 per household. I must say I will make this proposal with great reluctance. Special provisions would be made for low-income seniors and hardship cases. The annual proceeds from this fee are estimated at $1,000,000. During the next month we will establish a Committee comprised of six community members to evaluate the City’s options for controlling future trash collection costs. To facilitate this process we have obtained a State Grant, which will provide data on the experiences of the nearly 100 Massachusetts communities which have a charge per bag system. The Committee will fully investigate a per bag proposal with a modest fee per bag which would allow a reduction in the quarterly assessment and encourage recycling if investigation shows that approach to be feasible. Let me make it very clear that I personally don’t like the Trash Fee or the per bag fee, but the law demands that we balance the budget and the entire process is a balancing act. As you know, I have proposed the rezoning of the Edwards School property. Notwithstanding my general concerns with the sale of City assets, the decision to sell the Edwards School was made last year and our current year’s budget was predicated on it. The City has an opportunity to shape the value of that asset in both the short term and the long term. Taking advantage of this opportunity is essential to our financial future. The administration agrees with the Planning Board’s recent recommendation that the Council encourage 100% residential use of the building. The administration further agrees with the recommendations to require a minimum of two parking spaces per unit and to impose façade restrictions on the building. The administration does notsupport restricting the building height, which is set at 55 feet under both the existing and the requested zoning. Such a restriction would take away the imagination of the architect and deny the City significant dollars in both the short and long term, since much of the tax revenue the City expects to get over the years will be due to the post-acquisition investment by the chosen developer. It is also believed that investment in this site will foster additional investment in the neighborhood. As an alternative to limiting the height, the administration would support a defined maximum number of units on the site of say 40 total units. Many are of the opinion that 40 residential units on that site will have far less traffic impact than did the operational Edwards School of two years ago. Although it is opinion, I personally believe that a thoughtfully redeveloped site will fit in nicely with the neighborhood. The first $925,000 from the school sale proceeds is needed to balance this year’s school budget. The balance will, of course, be important to next year and to our future. We hope to be able to judge Edwards School RFP responses by early June so as to know just where we stand before the vote on next year’s budget occurs. Over the years most of the City’s new annual funding has gone to the schools. In the future, I believe school funding needs to be looked at in two parts. I expect that the annual operating budget will more closely resemble the Net School Spending requirement or in other words, the required spending amount as determined by the State. Simultaneously, we must make every effort to develop the funds to put our secondary schools in proper physical condition. In the case of our High School there are two projects needing to be done. The first of these is a short-term project which, I believe, can be reduced in scope to less than $7,000,000 from the nearly $14 million first estimated. That project is necessary to get the High School off probation and would require funding in the amount of approximately $500,000 per year for 20 years. My optimism regarding the cost reduction is based on investigation of the cost estimates which thus far is promising. I intend to make every effort over the next year to promote appropriate new growth which can be the source of the funds for that project which I would like to see commence in July 2005. In the same vein I am setting the date in my own mind for the major project at the High School to begin four years out in July 2008. This project is likely to have a $40 to $50 million price tag. I would consider moving that project in even closer if it would further reduce the cost of the short-term project. There will also be the need for a Middle School Project. The current student enrollment trend starts to suggest that one middle school can adequately handle Beverly’s entire needs. While timing of this project is less certain, I am setting it at July 2010 for planning purposes. We do not yet have an estimated cost for this project. From conversations with State Officials I fully expect the SBAB Program to be reopened during calendar 2005 although percentage reimbursements are not yet clear. I am going to make every effort to pursue these projects without overrides. I see it as the Mayor’s job to get those tasks accomplished without overrides although at this time I cannot promise that I will succeed, I can only promise my best efforts. The various efforts to balance next year’s budget which I have described clearly narrow the gap but do not currently appear sufficient to close it completely. As we move deeper into the budget process and the numbers firm up, I will be able to tell you more. The Council has asked for a preliminary budget before May 1; I will comply with that request. Let me also add that the Request for Qualifications for a thorough study of our Police Department has been issued. I will at the next Council Meeting bring forward a request to fund that project estimated to cost $55,000. From the study we will learn what is good about our department and what could be better. The study will deal with all aspects of Police Department operations. Clearly we face difficult times and difficult choices. The setting of our budget is indeed a balancing act. A close working relationship among all those interested in the future of Beverly is our best weapon in this fight which has, and will continue to have, our full attention. Receive and Place on File #82 March 1, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 43 I hereby appoint, subject to your review and recommendation, Mr. Steve Curran, 19 King Street, Wakefield, MA to serve as a member of the Youth Collaborative Advisory Committee. Mr. Curran will replace Ms. Betty Bonaiuto and his term will be effective until December 31, 2004. I further request that you grant a waiver for Mr. Curran to serve on this Committee because he is not a Beverly resident. Attached is a communication from Chris Lovasco, Director of the Greater Beverly YMCA and Ryan Allen, Youth Collaboration Director concerning this appointment and waiver. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #83 March 1, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following to serve as members of the Beverly Youth Collaborative Advisory Committee: Mr. Mark Casey 16 Chapman Street He will fill the position left vacant by Bruce Doig (Recreation Commission Liaison – Term to be effective until December 31, 2006.) Mr. George Simon 11 Pine Knoll Drive (Term to be effective until December 31, 2004.) Mrs. Linda Goodenough 81 Lovett Street (Term to be effective until December 31, 2006.) Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #84 March 1, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Jerry Parisella, 14 Red Rock Lane, Beverly, MA 01915, to serve as a member of the Beverly Youth Collaborative Committee. His term will be effective until December 31, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services 44 Communications from other City Officers and Boards # 13B March 12, 2004 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: COUNCIL ORDER #13 - RECOMMENDTION FROM PLANNING BOARD REGARDING REZONING OF THE EDWARDS SCHOOL Dear Members of the Board: At the Planning Board’s Special Meeting on February 17, 2004, which immediately followed the Joint Public Hearing on the above-referenced Zoning Amendment, members voted to continue discussion on the matter to the Board’s regular meeting on February 19, 2004. At the Board’s February 19, 2004 meeting, members discussed the above-referenced proposal, which would rezone Lot 11 shown on Assessor’s Map #5 (Edwards School) from the RHD Zoning District to the CC Zoning District. Following the discussion, members of the Planning Board voted (5-2) to recommend to the City Council that Council Order #13 BE ADOPTED. In addition, the Board voted (5-2) to recommend that, in the event Council Order #13 is adopted, the Council advise the Mayor to include the following conditions in the Request for Proposals for the property: 1. That a façade restriction be included preserving the architectural elements on the three (3) street facing facades. In addition this restriction shall prohibit any height increases or substantial increases in the size of the building. 2. That 100 percent residential use of the building be encouraged, if not required. 3. That at least 10 percent of those residential units be deemed affordable in perpetuity, in accordance with the Massachusetts Department of Housing and Community Development requirements for affordable housing. 4. That at a minimum, 2 parking spaces are provided per residential unit, regardless of the number of bedrooms per unit. Sincerely, Richard Dinkin Chairperson Refer to Legal Affairs #85 Communication from Airport Commission and Airport Manager relative to FAA Lease for Stand Alone Weather Sensors Refer to Legal Affairs #86 March 1, 2004 Beverly City Council C/O City Clerk Frances Macdonald Beverly City Hall Beverly, MA 01915 : City acceptance of Mass. General Law Ch. 40 Sect. 8G, entitled SUBJECT Mutual Police Aid Programs; Agreements. (Copy attached.) Dear Councilors: We are striving to provide the maximum levels of public safety for our community. Within the current climate of both heightened regional security and stringent budgetary 45 limitations, police chiefs from neighboring cities and towns are better coordinating with each other by entering into formal mutual aid agreements, as authorized by Mass. General Law Ch. 40 Sect. 8G. A formal mutual aid agreement allows the police chief, or in his absence the commanding officer, to request immediate assistance from a neighboring police department when needed to provide supplemental manpower for any police action. The agreement provides responding mutual aid officers with all the police powers of a Beverly police officer, including powers of arrest, while responding to a mutual aid request. Beverly intends to enter into a mutual aid agreement with each neighboring community. In order to go forward with this process, the Beverly City Council must take a formal vote to adopt and support this legislation. I urge your support and recommend immediate action to adopt this legislation. Respectfully, John A. Cassola, Chief of Police Refer to Legal Affairs Communications, Applications and Petitions: #87 Claim-Kathleen Beer Receive and Place on File Refer to City Solicitor #88 Communication relative to Fire Department Refer to Legal Affairs #89 Communication relative to rezoning of Edwards School Refer to Legal Affairs #90 Communication from Beverly Chamber of Commerce Board of Directors in favor of rezoning the Edwards School Property Refer to Legal Affairs #91 Request change of name no Petroleum Storage License from Estate of Martha Lewis to the 191 Essex Street Trust Refer to Legal Affairs #92 Invitation to March in Beverly Little League Parade Receive and Place on File 46 #93 North Shore Regional Vocation School District FY2005 Proposed Preliminary Budget Refer to Finance and Property #94 Late File Comm. from Councilor Costa re Edwards School Rezoning Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: We are about to embark on a debate regarding the future of Edwards school and the enclave of homes that surround it. · We have before us the recommendation of the Planning Board. · We have also available, at a cost $3,500.00 to the City, · the appraisal and recommendations of Robert Murphy, Associates. · We also have before us petitions from neighbors of the Edwards School and beyond. With respect to all of these individuals or groups, if we are listening, a strong, clear “voice” can be heard in all of the communications and that voice is a voice of “reason and moderation”. The Murphy appraisal on page 29 or the 3 page in my hand-out shows the comparative rd acreage of the previous schools, turned condo’s. They, by comparison, sit on much larger acreage than the 1.13 acres where the Edwards School resides. They also by comparison, have units/condo’s numbering, at most, in the teens as opposed to the forty to forty nine being talked about at the Edwards School. Maximizing the profits to the City on the sale of an asset is and admirable goal but I ask you, where does it end? Does the Council contradict the Planning Boards recommendation and allow a 3 or a 4 floor to be built on the Edwards School rdth building? What effect does “highest and best use” CC zoning allows that to happen. policy have on a neighborhood surrounding a building being considered for transformation. Reflection triggers the thought process, how much is too much and why does it seem necessary for a single neighborhood to bail the City out of its financial woes. Based on twenty six condo units, it’s estimated that the City will derive approximately $1,700,000. from the initial sale and long term revenues are estimated at over $100,000. yearly in property tax revenue. With tonight’s acknowledgement of other schools in the future being categorized as “surplus” isn’t it prudent and fair that we share the burden of the communities debt with the city as a whole? Government was established to its Citizenry. I feel the umbrella of “Serve and Protect” that protection extends to its citizens quality of life and the investment made in their home, therefore; I must conclude and agree with Robert Murphy, Associates that a maximum of twenty six condo’s in that location is ample to suit the needs of our community at this time. Submitted respectfully, Ron Costa, Councilor of Ward II Refer to Legal Affairs and Accounts 47 #95 Late File Comm. from M. Mitchell re Edwards School Rezoning Refer to Legal Affairs and Accounts Reports from Committees : #71 The Committee on Finance and Property to whom was referred the matter of Loan Order to fund 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 approve the request of the Mayor for the enclosed loan order for $450,000 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. First Passage: March 1, 2004 Public Hearing: March 17, 2004 Final Passage: March 17, 2004 8-0 Vote Order read once and adopted #78 The Committee on Finance and Property to whom was referred the matter of North Shore Regional Vocational School Annual Report have considered said matter and beg leave to report as follows, to wit: Receive and Place on file 8-0 Vote Order read once and adopted #13A The Committee on Legal Affairs to whom was referred the matter of Communication re Joint Public Hearing Edwards School have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #56 The Committee on Legal Affairs to whom was referred the matter of Acceptance of MGL 148, Sec. 26H Sprinklers in lodging and boarding houses have considered said matter and beg leave to report as follows, to wit: 48 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. 8-0 Vote Order read once and adopted #63 The Committee on Legal Affairs to whom was referred the matter of Communication from Human Resources re Department Head Appointments have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #68 The Committee on Legal Affairs to whom was referred the matter of Appointment – Beverly Golf and Tennis Club – Martin Lawler and Michael Pierce have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointments 8-0 Vote Order read once and adopted #69 The Committee on Legal Affairs to whom was referred the matter of Appointment- Airport Commission-John Duval have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #76 The Committee on Legal Affairs to whom was referred the matter of Ordinance Motor Vehicles and Traffic re two hour parking 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 four An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Two Hour Parking Be it ordained by the city council of the City of Beverly as follows: That Chapter 14, Section 126 (d) of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: No person shall park a vehicle for longer than two (2) hours between the hours of ADD:: 7:00 A.M. and 12 noon, Monday thru Friday, on Federal St., southerly side from Rantoul Street to Chase Street. This ordinance to take effect upon passage according to City Charter 7-0 Vote Ordinance read once and held for final passage as per charter provisions 49 #53 The Committee on Public Services to whom was referred the matter of Appointment – Council on Aging Bruce Doig have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #72 The Committee on Public Services to whom was referred the matter of Appointment Board of Health, William Alpine, Jr. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted Unfinished Business: Resolutions: #96 Eagle Scout Philp Benjamin Motions and Orders: #97 By Councilor Burke: Ordered: That a “Slow-Children at Play” sign be installed on Longmeadow Road between Edgewood Road and Sonning Road. Recommend adoption of the order #98 By Councilor Costa: Ordered: Under Massachusetts General Laws, Chapter 91, Regarding filled tidelands & access to the sea Industrial Development Financing Authority as provided for in Chapter 40 D of Mass. General Laws That Mayor William Scanlon, by virtue of his office as Mayor, bring all powers to bear and enter into negotiations with the representatives of Alan Case and/or Acorn Management to acquire and control (by gift) the 25 foot wide public avenue once called Congress St. Court that did on April 19, 1953, extend from Congress Street, at a right angle into the harbor to low water mark. Congress St Court was subsequently donated on April 20, 1953, by a voice vote of the Board of Aldermen, to the Metal Hydrides Company in the spirit of patriotism and for added security necessary for a munitions plant during that war time period. The purpose of this acquisition is to provide the citizens of Beverly a garden like, green space path to a public walkway so provided for by Chapter 91 of the Mass. General Laws. Chapter 91 that mandates a walkway around the waterside perimeter of what is commonly known as the Ventron property which encompasses approximately 3.6 acres on Congress Street in the City of Beverly. Referred to Legal Affairs 50 #99 By Councilor Costa: Ordered: That Suzanne Beaudoin of 19 Mulberry St Beverly (978-927-6913)be Appointed as Ward II's designee on the Open Space Committee. Recommend adoption of the order Meeting adjourned: 9:35 PM Frances A. Macdonald, CMC City Clerk 51