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1998-03-02#8 7:55 PM A Public Hearing-Boston Gas Petition for installation of 500' of gas main in Virginia Avenue Referred to Public Service and Aid Regular Meeting of Beverly City Council, March 2, 1998 Roll Call: Council Members present: Flaherty, Martin, McGlynn, McMahon, Rollins, Troubetaris, Van Liere, Gilmore Councilor Murray was absent Pledge of Allegiance to the Flag: Led by Councilor Rollins Acceptance of Minutes of Previous Meeting: Meeting of February 17, 1998 8-0 vote Communications from His Honor the Mayor #103A Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: At your last meeting I commended the amount of $150,000 for drainage studies of the Lawrence Brook and Chubbs Brook areas to your attention. I now request that you approve the expenditure of that amount as soon as possible. I believe that you could handle that in committee tonight with a public hearing on the 16th and a vote to approve that night. I would suggest that these funds be taken temporarily from the Reserve for Unforeseen with the expectation that a loan order to be introduced soon will replace the funds in the Reserve for Unforeseen Account. I appreciate your doing everything possible to speed this matter along. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #104 Honorable City Council City Hall Beverly, MA 01915 5o Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property owned by Gary and Laurie Stetson at 85 Essex Street, Beverly, MA as per the attached communication from Community Development Manager, Dawn Goodwin. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #105 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Of the many hundreds of employees of the City of Beverly, including both the school side and city side, I believe that only a handful failed to get some salary increase in the current fiscal year. Reviews which I submitted to the last City Council were acted on in late December and the opportunity for thoughtful consideration was not good because of the press of other activities. I hereby submit the enclosed reviews for Ken Pelonzi, John Dunn and Peter Seamans. I have enclosed a separate summary sheet regarding each person. Thank you for your consideration. I hope you will find a way to take speedy and positive action on each of these requests. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property KENNETH PELONZI I am resubmitting a salary increase request for Commissioner of Public Safety, Kenneth Pelonzi. Mr. Pelonzi fills the dual role of Fire Chief and Public Safety Commissioner. As Chief of the Fire Department, he has moved Beverly smoothly into the field of emergency response. Nearly every fire fighter has learned defibrillation techniques and a large percentage have taken on the serious training requirements necessary to be EMT' s. At this time there are 48 fully accredited EMT's within the Department. Commissioner Pelonzi also deserves special credit for personally directing the successful handling of the general alarm fire at the site of the old Briscoe School which could have had disastrous consequences for the City of Beverly. You may recall that the flames reached so high that people along the Charles River in Boston were able to watch them. In his role as Commissioner he was able to make a marked change in the attitude of police patrolmen. Grievances which had been the order of the day disappeared 51 and honest discussion to resolve problems quickly and efficiently was instituted. The major opportunities for progress under the new Commissioner of Public Safety organization still lie before us, but Commissioner Pelonzi has already done much of the thinking which will result in single dispatch, more uniformed officers on the streets, better utilization of equipment, etc. as we move forward. There may be some confusion in the minds of certain councilors regarding Mr. Pelonzi's recent salary increase history. Commissioner Pelonzi received a promotional increase at the time the new organization was approved. He has not received any merit increase since July 1, 1996. Every other person within all public safety functions received an increase July 1, 1997. The recommended amount of $3500 for Commissioner Pelonzi effective that same date represents a 4.7% increase. JOHN DUNN I am resubmitting a salary increase request for John Dunn to be effective January 28, 1998, the anniversary of his last increase. When John began as Director of Finance, I deliberately pegged his salary below that of the previous incumbent. During the past year, John has done an excellent job. The City has received a double increase in its bond rating. That improvement is significantly due to John's efforts. For three consecutive years the City's total receivable in the General Fund Account have decreased through better collections spearheaded by John Dunn. I am recommending him for a $3500 increase which translates to 6%. His salary would still be less than that paid to his counterpart in Salem and Peabody. I enclose the earlier write up which also speaks to some of his accomplishments. PETER SEAMANS I am resubmitting a salary increase request for Peter Seamans. In addition to Peter's duties as aide to the Mayor I have in the past year added significant responsibilities to his work load. He spends significant time daily with the new elementary school on Balch Street which thus far is coming in close to schedule in terms of both time and cost. Peter has taken responsibility for the City's cemeteries. He is ready at this time to give you an update on the cemeteries. Discussions with local funeral directors indicate that all aspects of cemetery performance have improved significantly. Peter has also played a central role in working with citizen groups with transportation projects including Cabot and Rantoul Streets. Peter deserves some of the credit for the City' s improved collection status of receivable. I have enclosed the comments made when the salary review was first submitted. The $2500 recommended will represent a 5.5% increase. Communications from Other City Officers and Boards 52 #106 Frances Macdonald, Clerk City of Beverly 191 Cabot St. Beverly, MA RE: Easement to Essex County McPherson Drive at Elliott Street Dear Mme. Clerk: Enclosed please find a draft "Donation of Easement" instrument which has been requested in connection with the project to improve Elliott Street. I am also enclosing a plan which shows the location of the property which would be subject to the easement. Please bring this matter to the attention of the City Council for appropriate action. Thank you for your courtesy and assistance. If the Council needs any further input relative to this communication, please refer them to City Engineer Frank Killilea or to my office. Very truly yours, Marshall J. Handly Referred to Legal Affairs and Accounts COMMUNICATIONS, APPLICATIONS AND PETITIONS #107 Comm. from Commonwealth of Massachusetts Executive Office Environmental Affairs relative to Cummings Center Referred to Legal Affairs and Accounts #108 Comm. from J. Gillespie relative to Zoning Referred to Legal Affairs and Accounts #109 Communication from Commonwealth of Massachusetts Department Education re Preliminary Estimates of FY99 School Spending Requirements of of Refer to Finance and Property Reports from Committees: #16 The Committee on Finance and Property to whom was referred the matter of Transfer to Account City Clerk for Sr. Clerk Salary ($4,787.40) 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 approve the request to transfer to account ($4,787.40) City Clerk for Sr. Clerk Salary Order read once and adopted 8-0 Vote #17 The Committee on Finance and Property to whom was referred the matter of appropriation to account 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 approve the request for appropriation to account "Grant Funds" School Dept. ($190,000.00) Order read once and adopted 8-0 Vote #61 The Committee on Finance and Property to whom was referred the matter of Independent Audit have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote #83 The Committee on Finance and Property whom was referred the matter relative to capital expenditure plan have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted 8-0 Vote #84 The Committee on Finance and Property to whom was referred the matter of Transfer to Account ($26,000.00) Household Hazardous Waste Cleanup 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 Monday, March 16, 1998 at 7:45 PM in Council Chamber191 Cabot St. Beverly, MA relative to a Transfer to Account ($26,000.00) for Household Hazardous Waste Cleanup Order read once and adopted 8-0 Vote #89 The Committee on Finance and Property to whom was referred the matter of Transfer to Account ($184,000) City Hall Renovations" 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 Monday, March 16, 1998 at 7:35 PM in council chamber, 191 Cabot St. Beverly relative to a transfer to account $184,000.00 for City Hall Renovations. Order read once and adopted 8-0 Vote 54 #94 The Committee on Finance and Property to whom was referred the matter of Beverly Harbor Management Authority minutes of Feb. 5, 1998 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #101 The Committee on Finance and Property to whom was referred the matter of request for waiver of fees for Civil Defense Building at Beverly Airport 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 to waive the building fees for the Civil Defense Building at Beverly Airport Order read once and adopted 8-0 Vote #103A The Committee on Finance and Property to whom was referred the matter of Transfer to Account for Drainage Studies 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 Monday, March 16, 1998 at 7:55 PM in Council Chamber, 191 Cabot St. Beverly relative to a temporary transfer of funds from "Reserve for Unforeseen" in the amount of $150,000.00 for drainage studies. Said sum of money to be replaced with a loan order which will be introduced at a later date. First Passage: March 2, 1998 Public Hearing: March 16, 1998 Final Passage: March 16, 1998 Order read once and adopted 8-0 Vote #85 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement Charrette have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached Subordination Agreement for Patricia Charrette, 12 Lawrence Street, Beverly Order read once and adopted 8-0 Vote 55 #86 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached Subordination Agreement for Karen Arson, 30 Atlantic Ave., Beverly Order read once and adopted 8-0 Vote #91 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request to increase Number of Members on Parks and Recreation Commission 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 recommendation of the Committee on Public Service and Aid to increase the number of members to the Parks and Recreation commission from seven members to nine members. And be it further ordered that the ordinance be amended Order read once and adopted 8-0 Vote #91 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Parks and Recreation Commission have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year of 1998 AN ORDINANCE amending an ordinance entitled Parks and Recreation relative to Article II COMMISSION Section 16 -- 26 Established: Appointment of Members; Compensation and section 16 -- 27 compensation: terms; vacancies. Be ordained by the city council of the city of Beverly as follows: Section 16 -- 26 Established: appointment of members; compensation Delete: There is hereby established a Parks and Recreation Commission. This commission shall consist of seven (7) members, serving without compensation, who shall be appointed by the Mayor, subject to confirmation by the board of alderman Add: There is hereby established a Parks and Recreation Commission. This commission shall consist of nine (9) members serving without compensation who shall be appointed by the Mayor subject to confirmation by the city council. Sec. 16 -- 27 Composition: terms; vacancies 56 Delete: The Parks and Recreation commission shall consist of four members who have a background in recreation, two members who have that background in maintenance of parks and playgrounds and one member at Large. The member's first appointed shall serve staggered terms and their successors shall be appointed for a term or four years each. Add: The Parks and Recreation commission shall consist of four members who have a background in recreation, two members who have a background in maintenance of parks and playgrounds and three members at large. The members first appointed shall serve staggered terms and their successors to be appointed for a term of four years each This ordinance to take effect under charter provisions First passage: March 2,1998 Final passage: March 16, 1998 Order read once and Adopted 8-0 Vote #95 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic re Municipal Parking g Lot 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 one hundred Ninety-eight AN ORDINANCE amending an ordinance entitled "Motor Vehicles and Traffic" relative to Municipal Parking Lot Off Street Parking That Chapter 14, Section 127, of the revised ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: (e) In the municipal parking area known as the Court Street Municipal Parking Lot there shall be marked spaces in this lot subject to all City of Beverly parking fees and regulations. The fee for parking shall be established by the City of Beverly and posted at the lot. The hours of operation shall be daily from 5:00 a.m. to 1:00 a. m. Vehicles parked after 1:00 a.m. shall be subject to ticketing and/or towing. There shall be no fee for parking in this lot on Saturdays, Sundays of Holidays. This ordinance to take effect according to Charter Provisions. First Passage: March 2, 1998 Final Passage: March 16, 1998 Order read once and adopted 8-0 Vote #96 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication relative to constable Lombara have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote #98 57 The Committee on Public Service and Aid to whom was referred the matter of Claim-Guy and Cheryl Kochick considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to City Solicitor 8-0 vote #87 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Beverly Harbor Management Authority-Robert Badessa and Joanne Bolden 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 8-0 Vote #88 The Committee on Public Service and Aid to whom was referred the matter of reappointment to Beverly Harbor Management Authority-Charles Raymond, Donald Neuman, Alice Burns, Patricia Allen 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 8-0 vote #91 The Committee on Public Service and Aid to whom was referred the matter of communication relative to Negotiations 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 Recreation Director Joan Fairbank to increase the number of members on the Park and Recreation commission from Seven to Nine and be it further ordered that Legal Affairs and Accounts take the necessary steps to amend the Ordinance Order read once and adopted 8-0 vote #92 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Park and Recreation Commission-David Gardner and Ann Harney have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointment Order read once and adopted 8-0 Vote #99 The Committee on Public Service and Aid to whom was referred the matter of communication from Town of Boxborough re House Bill 4932 Mass Aeronautics 58 Receive and Place on File Refer to Airport Commission 8-0 Vote UNFINISHED BUSINESS: The following Ordinances was read into Council minutes January 20, 1998 First Passage: February 17, 1998 Held by Charter Provisions, Advertised and held for Final Passage March 2, 1998 #62 PersonneI-Unclassified Salaries Motions and Orders Meeting Adjourned at 8:20 PM Attest: Frances A. Macdonald C.M.C City Clerk