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1994-05-02RECORDS OF THE BOARD OF ALDERMEN #183 Public Hearing re Mass Electric Petition for pole relocation on Montserrat Road. Referred to the Committee on Public Service and Aid REGULAR MEETING OF THE BEVERLY CITY COUNCIL MAY 2, 1994 at 8:00 p.m. ROLL CALL: Present: Absent: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella None PLEDGE OF ALLEGIANCE TO THE FLAG - Led by Councilor Murray. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS: Motion made and seconded to accept minutes of Meeting of April 19, 1994 and Special Meeting of April 25, 1994. - MAtter passes. CONFIRMATIONS: The following appointments, laid over under charter provisions, were confirmed. #167 Appointment #168 Appointment #169 Appointment #171 Appointment #198 Appointment #199 Appointment #200 Appointment #201 Appointment #203 Appointment - Cable TV Advisory Commission - Daniel Murphy - Cable TV Advisory Commission - Thomas O'Connor - Parks and Recreation Commission - Donald Anastasi - Zoning Board of Appeals - Day Ann Kelley - Assistant Auditor - Katherine Keenan - Assistant Harbormasters and Deputy Harbormaster for 1994 - Beverly Housing Authority - Dorothy List - Special Police - Emhart Industries - Cable TV Advisory Commission - Amy Siemasko COMMUNICATIONS FROM HIS HONOR THE MAYOR: May 2, 1994 Honorable City Council City Hall Dear Honorable Council: On April 28, 1944, Governor Weld extended the due date for budget submissions to June 20 of this year. It is my pleasure to submit to you tonight what I am choosing to call a "working document." Tomorrow we will be meeting with Department of Education (DOE) re the School Budget for next year. Thursday of this week we will meet with Department of Revenue (DOR) re the overall budget. By the time of your next meetin, I will have given you a more refined document than that presented tonight I look forward to working with you to make the budget for next year, not by budget, nor your budget but our budget. I view FY 1994-95 as likely being the most difficult year we will face. Quite apart from the sewer rates where I have requested an increase to make up for last year's SESD short fall and to cover this ysar's SESD increase - but nor more - we have several major new cost increases. You will recall that last week I estimated that the current Fiscal Year (1993-94) results would permit a $960,000 deficit reduction if the sewer shortfall and the snow and ice overrun were put to the side and an expected excess in revenues of $250,000 was used to offset an expected overrun on expenditures. As of now, I have no better nor additional information regarding the currant year. For the new year we face the following: (a) Deficit reduction target up from $960,000 to $2,150,000. (b) Principal reduction requirement up from $969,000 to $1,572,000. (c) Pensions and annuities increase form $3,582,000 to $4,252,000. (d) School budget new money - estimated in the document before you tonight at $500,000. These elements alone amount to nearly $3,000,000 in new money requirements. Whether any of them can be, in any modest way, relaxed will depend on the meeting with DOR. Actually, I have shown RECORDS OF THE BOARD OF ALDERMEN a smaller deficit reduction of $1,500,000 in the documents submitted to you versus the above $2,150,000. That number conveniently approximates the increase in principal reduction which serves in itself to strengthen the City's balance sheet. If we can navigate successfully through the 1994-95 year, the deficit reduction target would go to or at least become very small, the pension contribution would drop over $300,000 thus combining to reduce financial needs by $2,500,000. I also expect new revenue from commercial and industrial opportunities. We are thus motivated to explore all possibilities to ease the burden in 1994-95. Some features of the budget include: All capital expenditures have been removed. I plan to submit a capital budget later with the intend of bonding for same and thus deferring pay down until 1995-96. To further ease the pressure on 1994-95, we plan to take advantage of a pass through bonding option on approximately $500,0b0 of RESCO trash collection costs. The budget includes almost no money for wage and salary increases. One exception is that department heads who have hod zero increase since 1988 or 1989 are scheduled for $3000 increases and $2000 has been included for assistant department heads. No other employees in the City have gone so long without increases. I expect these modest increases to pay for themselves many times over. In the case of the Harbormaster positi. paid for out of Harbor Management Authority funds, I have requested a slightly larger increase whihc I determined to apply for while recruiting for this position. It would bring the salary for this position to the mid 20's. The City Solicitor function would be changed to a full-time equivalent position and the assistant City Solicitor would become a full-time position. There is a huge backlog of legal work whihc needs to be addressed. These changes would be effected with no net cost increase by offsetting raises with reduced outside legal costs. In fact, an agreement to provide some legal services to the School Superintenden by the City Solicitor has been made thus reducing the cost of the solicitor's office. With this manning we will also be in a position to move rapidly on collecting overdue taxes with their attendant interest costs. The interest dollars would, of course, add to next year's revenues bu for conservative purposes have not been budgeted. Another importatn proposal in the budget is the incorporation of the purchasing function with the Library Director. Tom Scully brings a keen analytical mind to this task. A moderate increase in the procurement stipend is also proposed. I expect a significant savings in procurement costs and have alerted all Department Heads to fully cooperate with Mr. Scully in seeking the best possible prices. Budgets for the Council on Aging and Recreation Department have been held at last year's levels, while that for Youth Services ahs been increased modestly but will still require an external fund raising effort. I have budgeted for a Hazardous Waste Collection Day and reinstituted small amounts for roads and sidewalks. Very truly yours, William F. Scanlon, Jr., Mayor Referred to the Committee on Finance and Property. Honorable City Council City Hall Dear Honorable Council I hereby request a transfer of Ten Thousand Two Hundred Fifty Dollars ($10,250.00) from Account "Planning - Full time Staff" #01-114-5110 to the following accounts: "Longevity" #01-151-5140 "Shuttle Bus" #01-361-5380 Total $ 350.00 9,900.00 $10,250.00 Said sum of money to be expended under the directin of the Planning Director. Attached is a communication from Tina Cassidy concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Referred to the Committee on Finance and Property. RECORDS OF THE BOARD OF ALDERMEN Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Mortgage Discharge for property owned by Arnold S. and Nancy M. Ambrose at 102-104 Elliott Street, Beverly, MA. ~Also attached is a communication from Planning Director Tins Cassidy concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor. Referred to the Committee on Legal Affairs and Accounts. Honorable City Council City Hall Dear Honorable Council: I hereby request that your HonorabLe. Council authorize the Mayor to sign the attached Mortgage Dischare for property owned by Edmund Fitzgerald, Trustee of Megan Realty Turst at 73 Park Street, Beverly, MAO1915. Also attached is a communicaiton from Planning Director Tins Cassidy concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor. Referred to the Comittee on Legal Affairs and Accounts. COMMUNICATIONS, APPLICATIONS AND PETITIONS A communication from Alexander, Femino & Lauranzano, represneting Gordeau Limited in petition to tie in to City of Beverly sewer system. Referred to the Committee on Legal Affairs and AccountS. A petition from Woodscape Homes, Inc. to set up 30 yard dumpster at 37 Whitney Avenue for remodelin~ project. Referred to the Committee on Legal Affairs and Accounts. A copy of a communication to Mayor from Ronald Costa resigning from Planning Board. Receive and Place on File. A communication from Ryal Side Civic Association, Inc. inviting Councilors to march in July 4 parade. Receive and Place on File. Financial statements of Continental Cablevision Receive and Place on File. Request from Jack M. Shirley for removal of live tree at 21 Neptune Street. Referred to the Committee on Public Service and Aid. RECORDS OF THE BOARD OF ALDERMEN Request from Renee Mary to have State Legislator file legislation to have water and sewer rates tax deductible Referred to the Co~unittee on Finance and Property - with copies to PSA and LAA Request for City Council to have SESD Director in twice annually for review of finances -R. Mary Referred to the Committee on Finance and Property Claim - Roy L. Ruff, M.D. - pothole on Brimhal Avenue Referred to the Committee on Legal Affairs and Accounts. Claim - Virginia M. Belanger, 10 Connolly Place - pothole damage Referred to the Committee on Legal Affairs and Accounts. Claim - Alan S. Ferris d/b/a Pinstripes, pothole on Brimbal Avenue Referred to the Committee on Legal Affairs and Accounts REPORTS FROM COMMITTEES The Committee on Finance and Property to whom was referred the matter of Mayor's request to increase salary of Executive Secretary and Paralegal, have considered said matter and beg leave to report as follows; Submit the accompanying order and recommend its adoption (2-1 - Coughlin opposed) ORDERED: That the pay rate for the Secretary to the City be increased from $514.50 per week to $594.25 per week and the salary of the Paralegal be increased from $424.75 per week to $490.58 per week, both retroactive to 3anuary 3, 1994 and that the City Ordinances be revised to reflect these changes. Order read once, three members request roll call vote. Roll Call: YEA: Golin, Mahan, McGlynn, Murray, Rollins, Troubetarts, Nardella NAY: Coughlin and Gilmore Order passes. The Committee on Finance and Property to whom was referredthe matter of Mayor's request for transfer to account "Police Overtime" ($10,000.00) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the sum of Ten Thousand Dollars ($10,000) be, and the same is hereby transferred from account "Police Private Detail" to account "Police Overtime", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Chief of Police. Order read once and adopted - 7 - 1 (Mahan opposed) - Rollins abstains The Committee on Finance and Property to whom was referred the matter of request to authorize Treasurer/Collector to exceed 85% cap on budget line items have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Treasurer/Collector be, and the same is hereby authorized to exceedthe 85% .... cap on the following line i~ems.in the department budget; Dept 145 Bonds and Insurance RECORDS OF THE BOARD OF ALDERMEN and Banking Services; Dept. 913 Unemployment Comp Expenses, as recommended by His Honor the Mayor. Order read once and adopted. The Committee on Finance and Property to whom was referred the matter of Councilor Nardella's order re goals and objectives for Department Heads, have considered said matter and beg leave to report as follows, to wit: Recommend adoption of the order. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Eric Fowler, 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 pay One Thousand Four Hundred Fifty-Five Dollars as reim- bursement for medical expenses and lost wages as a result of an accident while on duty as a Civil Defense Volunteer, siad amount to be wholly reimbursed to the City by the State Emergency Management Agency. Payment shall be made upon receipt of signed release from Mr. Fowler. Order read on ce and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Application - Class III MVDL - McNeils Auto Body, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Ed Meloni have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted . The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Shawn Pappas, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File. Order read once and adopted. The Committee on Legal Affairs and Accoutns to whom was referred the matter of claim - Peter Skerry, have considred said matter and beg leave to report as follows, to wit. Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Ann Walker have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN The Com~nittee on Legal Affairs and Accounts to whom was referred the matter of Claim - Clifford Staples, have considered said matter and beg leave to report as follows, to wit: Receive and'Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the Matter of Claim - Terry Curtis have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Elizabeth Janisch, have considered said matter and beg leave to report as follows, to wit: Receive and Place on Pile Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the mater of Claim - Kerry L. Boulay, have considered said matter and beg leave to report as follows, to wit: Receive and Place on Pile Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Michael and Gins Beatrice, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the amtter fo Claim - Linda Uttarc have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Thomas Kenny, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Susan Doyle have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Stephen Brotchie, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Anthony Roy, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Daniel Black, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Ira Yavner, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts, to whom was referred the matter of Communication from Police Department re parking on McKay 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 one thousand nine hundred and Ninety four An Ordinance amending an Ordinance entitled "Motor Vehicles and Traffic" relative to Parking prohibited on certain streets at all time Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 120 of the Revised Ordinances of the City of beverly, 1989, be and the same is hereby amended by additing thereto the following: "McKay Street, Westerly side, from the main Driveway of Beverly Golf and Tennis Club, forty-three feet (43') northerly." This ordinance to take effect upon passage. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Police Department re parking near Harry Ball Field, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. In the year one thousand nine hundred and ninety-four An ordinance amending an Ordinance entitled "Motor Vehicles and Traffic" relative to towing of vehicles parked in specific areas. Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 137 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended by adding thereto the following: "Essex Street, Southerly Side, from Route 128 to Miller Road" This ordinance to take effec upon passage. Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN The Committee on Legal Affairs and Accounts to whom was referred the matter of Drain Layer's Licens, McGrath Construction have considered siad matter and beg leave to report as follows, to wit: Recommend the license be granted. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of request for easement approval - Standley Street Realty 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 of the City of Beverly accept the easements on Lots 3C and Lot 6a of Eagle Lane, Right of Way easements as recorded at Essex South District Registry of Deeds, BK 12174, pg. 384, in accordance with the recommendation of the City Solicitor and the Commissioner of Public Works. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Brenda Bronson, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Erin McTernan, have considered said matter and beg leave to report at follows, to wit: Receive and Place on File. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Mayor's request for installation and removal of street lights have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: Authorization is hereby given for the installation of a street light and the removal of one as follows: LONGWOOD AVENUE: Install one 4000 Lumen Sodium Street light on pole #3658. QUINCY PARK: Remove one 4000 Lumen Mercury Vapor Street light from pole #404. as requested by His Honor the Mayor and as recommended by the City Electrician. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Communication from Police Department re City Hall Parking, have considered siad matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Councilor Murray order re increased lighting in Famrs commercial area, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption. RECORDS OF THE BOARD OF ALDERMEN ORDERED: That the City Electrician be, and the same is hereby ordered to make a study and recommendation for increased lighting on West Street Commercial area of Beverly Farms. This area extends from the intersection of Hale and Everett Streets to the Railroad Tracks on West Street. This order comes with the endorsement of Beverly Police Chief John Finnegan. Order read once and adopted. MOTIONS AND ORDERS: 4By Councilor Rollins: ORDERED: All Construction work being done in the City of beverly be done between the hours of 7:30 A.M. and 5:30 P.M. and Before any construction work is done after 5:30 P.M. on Monday to Friday, that approval is given by the City Council, and Before any construction work is done on Saturday that approval be given by the City Council, and Further that there be no construction work done on Sunday. Referred to the Committee on Public Service and Aid (cc: Legal Affairs and Accounts) By Councilor Coughlin: ORDERED: That a thorough and complete study of the water and sewer accounts billable be undertaken in conjunction with providing for a state of the art metering system which together will provide an accurate and equitable cost to each home or business. Referred to the Committee on Public Service and Aid. Motion to adjourn: 10:25 P.M. Attest: Constance E. Perron City Clerk