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1998-02-02#8 7:55 PM A Public Hearing-Boston Gas Petition for installation of 500' of gas main in Virginia Avenue Recessed until February 17, 1998 at 7:55 PM Regular Meeting of Beverly City Council, Feb. 2, 1998 Roll Call: All Council Members were present Pledge of Allegiance to the Flag: Led by Councilor Flaherty Acceptance of Minutes of Previous Meeting: Meeting 20, 1998 9-0 vote Communications from His Honor the Mayor #64 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Enclosed is a draft "Capital Expenditure Plan" which outlines investment of over $118,000,000 over the next five years in our City's infrastructure. In addition to discussing each of these projects so as to judge the need for the planned expenditure, I would hope the Council would take a role in developing the priority of the projects. It is indeed possible that Councilors will also identify additional projected needs. The Plan relates to projects not yet begun but the financial implications of projects in progress are included in the enclosed schedules. The City Hall accessibility project is not included because it is expected to be funded from the current year operations budget. As you know, Beverly has little history of planned capital expenditures in recent years and it will take considerable discussion for us all to become facile with these projects and incorporate your suggestions. I have included a Mayor's summary of these projects broken down by major category. In addition enclosed is complete financial information and a description of each project. If one looks at the Capital Expenditure List from the viewpoint of what is not included, some observations are in order. Technology certainly needs consideration. Several of us feel that many aspects of technology must be viewed as expense rather than capital because the subject moves so fast. Like little else, the cost per operation of technology is actually dropping. We do plan to consider a plan for high speed, high volume data transmission lines throughout the City working with established large businesses and prospective providers to ensure that Beverly is ahead of the curve, but more discussion of this subject is required. A modest transfer of operating funds may needed to initiate this effort. The extent to which technology in the schools can be funded from the school budget needs further discussion and consideration both with the City Council and the School Committee. Water/Sewer, while included, is certainly understated given the age and condition of our system. Our water/sewer rates, while much higher than they were, still trail Danvers considerably. Danvers has been active in upgrading its system. We will consider carefully both enterprise and special revenue accounts while hopefully taking care not to lose our flexibility by imposing a of January system which forces unacceptable increases. There is also always the question of what we can afford. The plan as presented shows a sharp rise in annual costs in years four and five. By that time the Airport Connector Road (Fonzo Drive) and the expiration of the first phase of the TIF at Cummings Center should have added significantly to our annual tax revenues. Many issues relate to our ability to pay including wage and salary settlements, growth in the cost of benefits such as pensions and medical plans, where the benefit is defined but the cost of providing the benefit may range widely. These dynamic issues will require close attention but it is my firm hope that we will find a way working together to actually achieve all the identified improvements. I look forward to thorough discussion of this plan with you. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property MAYOR'S SLIMMARY Schools--The Elementary Facilities Program to build one new school and improve five others is underway. The objective is to deal with one school each year. For 1998, the new school is scheduled for completion by the summer, and the Ayers School is scheduled for renovation to begin this summer. Other elementary schools will follow in order of Hannah, Cove, North Beverly and Centerville. You will note in the detailed remarks that inflation is an important factor in the cost of these schools. The original estimates were developed as if construction began on all schools in 1996. This Capital Plan contains entries for the renovation of Briscoe, Memorial and the High School, but the figures included are very rough. The reader may remember that we commissioned a feasibility study last year on the secondary schools. That material is available, but significant work will be required before it can be turned into a "definitive" plan. There will be a need for a commission, similar to the Elementary Facilities Committee, to develop proper scope and to move these projects forward. The plan includes windows for the Edwards School which will likely be done during the 1998 summer, if you approve, and maintenance to the exterior of the McKay School, also planned for the summer of 1998, now that it is clear the City will control the building long term. Also included is the balance of the High School Program related to roofs, some interior improvements, the "J" Wing corridor as well as new boilers. The Building Commission has approved these three projects. Public Safety--It is well known that our Police Station and both the Central and North Beverly Fire Stations are in bad shape, undersized and poorly located. The City has the intention to replace all three of these facilities. An active possibility is the exercise of the option the City has on land at Cummings Center. The expenditure as outlined assumes the City pays for the entire structure. An arrangement with Cummings to lower that cost may be possible. A dedicated Fire Station near Route 128 and Brimbal Avenue is also included to serve North Beverly, Centerville and the Cove. Storm Drainage--Known significant problems exist with the City as follows: Ward I -- Sunset Drive, Beverly Hills Avenue Ward III- Chase Street Ward IV-- Lake Shore Drive, Lawrence Street Brook Ward VI-- Goodwin Road, Chubbs Brook The City is working with the engineering firm of Camp, Dresser and McKee to define the problems and define solutions. Recent State action to make such projects eligible to receive SRF (State Revolving Fund) financing could lower interest costs but competition for the financing may be difficult. They are financed at normal borrowing costs in our plan to be conservative. It is the position of this administration that these projects must have a very high priority. We are fortunate that the Ward 1 problem will be solved by the reconstruction of Route 62 by the State at almost no cost to Beverly, and we believe this work will commence in 1998. A presentation to interested Ward 1 residents by the design engineer will be held in the ne:it few weeks. For the others we have estimated $1,000,000 for engineering services and permits to be expended over two years followed by $3,000,000 in each of years two to five to finally solve these problems. Water and Sewer--This portion of our infrastructure is probably in the worst condition of any part. In this regard the Capital Expenditure Plan presented tonight is likely understated. The City's water lines are in very poor condition. As policy, I have instructed our Director of Engineering to look at and initiate appropriate action on water and sewer utilities when these are opened up by major road projects such as Route 1-A, Route 62, Rantoul and Cabot Streets. The Capital Expenditure Plan does not include several projects being conducted in Beverly by SESD. Economic Development--The only economic development project included in the Capital Expenditure Plan at this time is the Airport Connector Road (Fonzo Drive) intended to create significant new tax revenues. The project was initiated in 1995 and has been delayed by two citizen group appeals to DEP, now both overcome. Inflation since 1995, inclusion of resident inspection, and a project scope change insisted on by DEP highlight cost increases. Whereas the City had intended to contribute no funds and get back $1,000,000 from the landowners as land was sold or leased, current expectations are that the City will have to advance about $500,000 to the project while still realizing $1,000,00 over time, leaving the City $500,000 to the good upon buildout, not including new tax revenues. Future specific information will go to the Council on this project soon. Overpass Design and Construction--The overpass and connector road project off Brimbal Avenue and across Route 128 is expected to be fully funded by the State. The State Legislature and the Governor authorized $5,000,000 in 1997. This project will be closely coordinated with the Blue Ribbon Citizen Commission and the Dump Capping. Dump Cap--In 1986 the State asked Beverly to close and cap the landfill. For years nothing much was done. We are working closely with the State (DEP) to achieve closure. The situation is complicated. The dump extends beyond City land onto land of others. The possible use of "excavate" (material from the "Big Dig") is being intensively explored because, if available, the City would be paid a tipping fee to accept the material and thus lower the cost of landfill closure. DEP is frustrated by over a decade of time since capping was first requested. The planned expenditure calls for closure by the end of calendar 1999, but that date is not fully defined. The cost estimate has been reduced from that of a year ago as more information has been developed. Referred to Public Service and Aid #65 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Elise Cotreau Ferris, 11 Simon Street, Beverly, MA 01915 to serve as a member of the Cemetery Board of Managers. She will fill a vacant position on the Board. Her term will be effective until the first Monday of March, 1999. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid #66 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Loring Ward, 4 Winslow Road, Beverly, MA 01915, to serve as a member of the Cemetery Board of Managers. His term will be effective until the first Monday of March, 2001. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid /467 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination of Mortgage for property owned by Vitale at 30-32 West Dane Street, as per the attached communication from Dawn Goodwin, Community Development Manager. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #68 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Parks and Recreation Commission: Albert W. Churchill, Jr. 28 Hayes Avenue Beverly, MA 01915 Jane Lyman 18 Madison Avenue Beverly, MA 01915 Their terms will be effective until December 31, 2000. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid #69 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Considerable progress was made last year improving the operation of the Standley Street Compost Facility, expanding the hours it would be open, reducing the opportunity for non- Beverly people to dump at no charge at the site, etc. On the attached I have outlined the policy which seems to work well in most cases. I would ask the Council to review and fine tune this matter in anticipation of a spring opening and creation of passes for pickup trucks in time for smooth operation. Very truly yours, William F. ScanIon, Jr., Mayor STANDLEY STREET COMPOST FACILITY NOTES In the Fall of 1997, significant progress was made regarding the Standley Street Compost Facility and the disposal of leaves and yard waste. A program was introduced which allowed every Beverly resident to put leaves out for collection by our trash hauler, JRM, on recycle days for several weeks running. Secondly, a program was initiated to allow unlimited access for Beverly passenger cars and vans to the Standley Street facility to drop off leaves. Third, a program was begun which would allow Beverly property owners to receive an annual pass for their own personal (owned) pickup truck. The pass would allow a given number of trips per year, identified by month, to the facility. A sample pass has been developed. The one piece of the puzzle which did not come fully into place was the hauling of leaves to the facility in contractor owned vehicles. While every resident has the right to put leaves at curbside on scheduled days, we could find no perfect answer to contractor vehicles which are generally charged under the new arrangement. Possibly a pass purchased in advance, by the homeowner for say $30.00 for three trips per year is an idea. Referred to Public Service and Aid Communications from Other City Officers and Boards #70 City Council City Hall Beverly, Mass. 01915 Re: Wyner, et al. vs. Beverly Dear Honorable Council: I would like to address the Committee on Legal Affairs and accounts in executive session to discuss recent developments in the above referenced litigation. I believe that executive session is appropriate as the matter is currently in litigation, and the proposed discussion will relate to litigation strategy. Thank you for your courtesy and for your attention to this matter. Referred to Legal Affairs and Accounts #71 Honorable City Council City Hall Beverly, Mass Dear Councilors I enclose a letter over the signature of Bob Mezzetti, Airport Manager, relative to the following property, which the Airport commission wished to have declared "Surplus Property". One 1978 case Front Loader Model W-14 This loader was acquired through military surplus and is estimated to have a value of between $5,000 and $10,000. Very truly yours, Christopher J. Bradley Director of Purchasing Referred to Finance and Property COMMUNICATIONS, APPLICATIONS AND PETITIONS #72 Claim-Claire D. Brogan Referred to Legal Affairs and Accounts #73 Claim-Mary J. Madden, 6 Hillcrest Road, Beverly Referred to Legal Affairs and Accounts #74 Annual Beano Report-St. John the Evangelist Church Receive and Place on File #75 North Shore Regional Vocational School District-Annual Reports Referred to Finance and Property Communication relative to Handling of Investigation-Manson Referred to Legal Affairs and Accounts #77 Comm relative to Amendment to Zoning By-Laws Referred to Legal Affairs and Accounts #78 Communication relative to "Municipal Year 2000 Committee" Year 2000 Computer Bug Referred to Public Service and Aid Reports from Committees: #12 The Committee on Finance and Property to whom was referred the matter of Communication from Comm of Mass regarding Public Employee Retirement FY99 Appropriation have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote #16 The Committee on Finance and Property to whom was referred the matter of transfer to account City Clerk ($4787.40) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Tuesday, February 17, 1998 at 7:30 PM in Council Chamber, 191 Cabot Street Beverly, relative to a Transfer to Account $4,787.40 (City Clerk) from account "Reserve for unforeseen expenditures" Order read once and adopted 9-0 Vote #17 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account ($190,000.00) Grant Funds-School Dept. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Tuesday, February 17, 1998 at 7:45 PM in the Council Chamber, 191 Cabot St., Beverly, relative to an appropriation to account ($190,000.00) in Grant Funds to School Department Order read once and adopted 9-0 vote #38 The Committee on Finance and Property whom was referred the matter of Request from harbormaster to declare Kennison-Patrol Boat as Surplus 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 from the harbormaster to declare the Patrol Boat "Kennison" as surplus. Order read once and adopted 9-0 Vote #39 The Committee on Finance and Property to whom was referred the matter of Minutes of Beverly Harbor Management Authority, January 8, 1998 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #43 The Committee on Finance and Property to whom was referred the matter of Comm from Mass Division of Capital Planning relative to property at Summit, Congress and Cabot Streets 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 Communication from the Mayor responding to the outlined proposal regarding property at Summit, Congress and Cabot Street. Refer to City Solicitor Order read once and adopted 9-0 Vote #44 The Committee on Finance and Property to whom was referred the matter of Comm from J. Gillespie relative to proposal for Cummings property have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #49 The Committee on Finance and Property to whom was referred the matter of Communication from Public Employee Retirement Administration re Cost of Living Adjustment have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #58 The committee on Finance and Property whom was referred the matter of improvements to Hardie School have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption ORDERED: That the City Council approve the order from Councilor Murray requesting that the Council be kept informed of any improvements at the Hardie School before sale to Montserrat College. Order read once and adopted 9-0 Vote #19 The Committee on Legal Affairs and Accounts to whom was referred the matter of Re-Appointments to Planning Board-Richard Dinkin, Barry Sullivan and Salvatore Modugno have considered said matter and beg leave to report as follows, to wit: Recommend that the council approve the appointments Order read once and adopted 9-0 Vote #21 The Committee on Legal Affairs and Accounts to whom was referred the matter of Reappointment to Board of Appeals - Leonard Bertaux and Paul Belmonte have considered said matter and beg leave to report as follows, to wit: Recommend that the council approve the appointments Order read once and adopted 9-0 Vote #22 The Committee on Legal Affairs and Accounts to whom was referred the matter of Reappointment of Board of Appeals Alternate Robert McLemore have considered said matter and beg leave to report as follows, to wit: Recommend that the council approve the appointments Order read once and adopted 9-0 Vote #26 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance regarding disposal of surplus supplies with a value of less than $500.00 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 eight An Ordinance entitled "Department of Procurement and Contracts Administration" Article 1, in General Sec.- 1- Disposal of Surplus Property with a Value of Less Than Fine Hundred Dollars Be it ordained by the City Council of the City of Beverly as follows: Pursuant to M.G.L. Chapter 30 B (f) Disposal of Excess Supplies, Procedures, the Chief Procurement Officer, or his designee, may dispose of surplus property (other than real property) which has been determined by the Department Head, in whose care and custody such surplus property is, to have a value of less than Five Hundred and no/100 ($500.00) Dollars by the following procedure; Department Head desiring to dispose of said surplus property shall write a letter to the Chief Procurement Officer, or his designee, stating forth in detail a complete description of the surplus property and a statement as to how a value of less than $500.00 was determined: 2. The Chief Procurement Officer, or his designee, shall post on the City of Beverly's City Hall bulletin board the availability of the surplus property and where, when and how it may be inspected by the public: 3. The Chief Procurement Officer, or his designee, shall request three (3) written quotes for each item from interested parties; 4. The Chief Procurement Officer, or his designee, shall award the surplus property to the highest of the bidders. If only one bidder bids on any item, the Chief Procurement Officer, or his designee, may at his discretion award said surplus property to said bidder. 5. If there is no bid received on any one of the items listed as surplus, then the Chief Procurement Officer, or his designee, may donate the same to charity; 6. In addition, a Department Head desiring to dispose of surplus property may request from the Chief Procurement Officer, or his designee, approval to trade in such item towards a new purchase. The Chief Procurement Officer may approve of such method if he feels it is in the best interest of the City of Beverly this Ordinance to take effect according to charter provisions In Council: Jan 20, 1998 First Passage: Feb. 2, 1998 Final Passage: Feb 17, 1998 Ordinance read once and held for final passage according to charter provisions #31 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment to the Planning Board Peter Thomas have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the appointment Order read once and adopted 9-0 Vote #32 The Committee on Legal Affairs and Accounts to whom was referred the matter of reappointment as Constable-Peter Minsky have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the appointment Order read once and adopted 9-0 Vote #40 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication relative to response action outcome of Mercury impacted soils at Cummings Center have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Request for copies to be on file at Library and City Clerks Office) Order read once and adopted 9-0 Vote #41 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Dept. of Public Utilities-Electric Industry restructuring have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 vote #42 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication relative to Animal Control Policies have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #45 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Dept. of Public Utilities Notice of Inquiry/Rulemaking have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #48 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim-Fred Brennan, 2 Jewett Road have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to City Solicitor Order read once and adopted #62 The Committee on Legal Affairs and Accounts to whom as referred the matter of Ordinance re Salary-City Clerk have considered said matter and beg leave to report as follows, to wit: Referred back to Committee on Legal Affairs and Accounts #63 The Committee on Legal Affairs and Accounts to whom was referred the matter of Initiation of Sec 8-5 Charter appt & appropriation of fees for counsel have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #18 The Committee on Public Service and Aid to whom was referred the matter of reappointment to Beverly Airport Commission - Bruce Eaton - Melvin Rosen - Paul Vitale - John Duval have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the appointments Order read once and adopted 9-0 Vote #20 The Committee on Public Service and Aid to whom was referred the matter of reappointment Board of Managers-Cemeteries-Eugene Wood have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointment Order read once and adopted 9-0 Vote #23 The Committee on Public Service and Aid to whom was referred the matter of reappointment of Trustees of the Public Library - Edward Brindle - Helga Senko - Lindsey Diehl have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointments Order read once and adopted 9-0 Vote #24 The Committee on Public Service and Aid to whom was referred the matter of reappointment to the Board of Registrars-Joseph Pietrini have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the appointment Order read once and adopted 9-0 Vote #27 The Committee on Public Service and Aid to whom was referred the matter of appointment as the Beverly Hospital Representative to the Emergency Medical Services Commission - Bonnie Julien have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the appointment Order read once and adopted 9-0 Vote #28 The Committee on Public Service and Aid to whom was referred the matter of communication from the director of Purchasing Buy Recycled Policy 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 from the Director of Purchasing to adopt the Recycled Product Procurement Policy. Order read once and adopted 9-0 Vote #29 The Committee on Public Service and Aid to whom was referred the matter of appointment of Special Police Officers Northeast Health Systems (Beverly Hospital) have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the appointments Order read once and adopted 9-0 Vote #41 The Committee on Public Service and Aid to whom was referred the matter of communication from DPU/DTE: Electric Industry Restructuring have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #46 The Committee on Public Service and Aid to whom was referred the matter of communication from Riverdale Condo Trust regarding a water abatement 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 from the Riverdale Condominium Trust regarding the proposed water bill payment of $66,259.47 and to note that interest will continue to accrue forward. Order read once and adopted 9-0 Vote #47 The Committee on Public Service and Aid to whom was referred the matter of petition of Mass Electric relative to a pole at Dodge Street 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 Petition of Mass Electric for a Pole Location at Dodge. St. A Public hearing regarding this matter was held on December 15, 1997. Order read once and adopted 9-0 Vote UNFINISHED BUSINESS: The following Ordinances were read into Council minutes January 5, 1998 First Passage: January 15, 1998 Held by Charter Provisions, Advertised and held for Final Passage February 2, 1998 #3 Ordinance Motor Vehicles and Traffic re Stop Signs School and Wellman #4 Ordinance Motor Vehicles and Traffic re Stop Signs Margin & McPherson Motions and Orders #79 By Councilor Gilmore ORDERED: That the City Council vote to accept the provisions of M.G.L. c.44 $ 53 1/2, concerning the establishment of Enterprise Funds, and to ratify any actions taken prior to this date to establish and to maintain Enterprise Funds in the City of Beverly Referred to Finance and Property #80 By Councilor Gilmore: ORDERED: That the City Council shall establish a special committee to be known as the Personnel Committee to consist of three members of the City Council, and such other persons, as the City Council President shall from time to time appoint. The primary responsibility of the Personnel Committee shall be to evaluate the job performance of those City employees who, by Home Rule Charter or ordinance, are elected or appointed by the City Council. The persons appointed by the City Council President shall serve at the pleasure of the City Council Referred to the Committee of the Whole #81 BY Councilors McGlynn and McMahon ORDERED; That the Assessors Department provide the City Council with a list of all property owned by non-profit institutions and that the list be divided into taxable and non-taxable status. Referred to Public Service and Aid Meeting Adjourned at 1:00 PM Attest: Frances A. Macdonald C.M.C City Clerk