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1998-05-04Regular Meeting of Beverly City Council, May 4, 1998 Roll Call: Council Members were present Pledge of Allegiance to the Flag: Led by Councilor Murray Acceptance of Minutes of Previous Meeting: Meeting Special Meeting of April 23, 1998 9-0 Vote Appointments: Communications from His Honor the Mayor #163 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Over several years we have planned and commenced work to improve the physical condition of our schools. We know that improved facilities guarantee nothing but they improve the odds of better educating our children. While the elementary facilities plan is in place, at least five more years will be required to complete same and the secondary schools program will likely add three more years to that. Knowing that these periods are too lengthy and that certain needs are urgent today, we have begun a program-- essentially outside our school budget--to improve our school facilities. I wish to repeat this point because money spent outside the school budget may well never be recorded as school spending, but of course it is just that. I believe that this program must be emphasized and pursued with vigor and so tonight I wish to specifically review these matters and to request a first reading and the setting of a public hearing on three appropriation issues. First, I wish to discuss the following slide which shows immediate educational facilities needs. I also request you to take a first reading and set a public hearing on an interim appropriation from the general operating fund account as an advance to cover projects in motion and to begin others. Later, we would anticipate using the Walgreen's funds to offset these expenditures. I would also ask for a sense of the Council that use of these prospective funds in the way described will meet with your approval. Should the Walgreen's proposal fail, which is unlikely, at least one other bidder has offered to match the Walgreen's offer. I would also ask that the Council take a first reading and set a public hearing to permit the appropriation of the $246,000 received from the Old Briscoe for use in those school improvements outlined earlier. I wish also to review other needs in our schools. I request no action tonight but wish to tell you (as shown April 21, 1998 and 89 on the second slide) that I will very shortly return for specific funding action. You will note that some of these items are at least partially contained in the current school budget. I have been working closely with the Superintendent to find ways to fund an effective budget. One aspect of that is that certain projects will be pulled out of the budget and funded off to the side. I also wish you to take a first reading and set a public hearing on the attached loan order in the amount of $7,340,000 which will provide the funding necessary to renovate and enlarge the Ayers School. The expected cost of this project has escalated approximately $1,000,000 from the $6,323,000 which was part of the $37.5 million overall elementary facility project approved by the Council in 1996. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #164 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 Agreement for property owned by Barbara Baker at 19 Raymond Avenue, Beverly, MA 01915 as per the attached communication from Dawn Goodwin, Community Development Manager. I further request that your Honorable Council take action on this Subordination Agreement this evening. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #165 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you know, a celebration and reception is scheduled on Thursday, May 21, 1998, in the City Council Chamber from 6:00 - 8:00 p.m. to kick off the campaign to build a replica of the schooner "Hannah." The public will be invited for a wine and cheese party for the public showing of the completed scale model of this ship. It promises to be a fun evening. I, therefore, request a waiver of the City Ordinance, Section 15-10 prohibiting alcoholic beverages in City owned buildings for the evening of May 21. Very truly yours, William F. Scanlon, Jr., Mayor 9O Referred to Legal Affairs and Accounts 91 Communications from Other City Officers and Boards #166 Honorable City Council City Hall Beverly, Mass. 01915 Dear City Councilors: The Parks and Recreation commission will be touring all the cities parks during May. Wards 1,3, and 6 on May 9th Wards 2, 4 and 5 on May 13th We will be inspecting overall park conditions as well as fields, courts and equipment. We welcome you to join us for the entire tour or to meet us at the park(s) that are of concern to you. The times given are approximate and will depend on conditions and people. Only by seeing all parks can an appropriate long-range plan be developed that meets the needs of the entire city. Please call if you can join us or intend to meet us along the way. 921-6067. We wish to supply appropriate transportation and coffee. Sincerely, Bruce Doig Chairman of Parks and Recreation We are also considering asking residents for a ,510.00 donation towards new playground equipment for the parks when they pick up their Lynch park Sticker. An estimate of $250,000 is needed to provide proper surfacing and new equipment that is accessible and meet safety regulations. This would address the concerns from the playground equipment survey completed this winter. We welcome your comments. Receive and Place on file 9-0 Vote COMMUNICATIONS, APPLICATIONS AND PETITIONS #167 Comm. from Residents of Boxwood Lane requesting that the cul-de-sac know as Boxwood Lane be accepted as a city street. Referred to Legal Affairs and Accounts #168 Comm. from Jeffrey Conley re RFP's Beverly Golf & Tennis Club Referred to Finance and Property with a copy to Public Service and Aid #169 Complaint-North Shore Taxi Refer to Legal Affairs and Accounts #170 Comm. from American Diabetes Association re Tour de Cure Bike Ride, May 31, 1998 Referred to Legal Affairs and Accounts #171 Comm. relative to Zoning Ordinance Room rental in single family homes Referred to Legal Affairs and Accounts #172 Comm. from Beverly Coastal Access Group relative to request for assistance on a project at the lower end of Washington St. Referred to Public Service and Aid #173 Comm. from Dept. of Revenue re New Officials Finance Forum Receive and Place on File #174 Comm. from Dept. of Revenue re Preliminary FY99 levy limit worksheet and explanatory materials. Referred to Finance and Property Reports from Committees: #150 The Committee on Finance and Property to whom was referred the matter of Appointments to the Economic and Community Development Council- Deborah Rosser, William Rodenbaugh and Richard Mooney 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 #155 The Committee on Finance and Property to whom was referred the matter of Comm. from Dept. of Revenue regarding Realistic Planning for Recertification and Tax Rate Setting 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 #158 The Committee on Finance and Property to whom was referred the matter of North Shore Regional Vocational School-Building Needs Committee 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 #163A The Committee on Finance and Appropriation of funds ($246,475) leave to report as follows, to wit: Property to whom was referred the matter of Schools have considered said matter and beg Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Monday, May 18, 1998 at 7:45 PM in Council Chamber, 191 Cabot Street, Beverly relative to a transfer of Two hundred forty six thousand four hundred seventy five ($246,475.00) to "School Capital Projects Funds" from "Proceeds-Sale of Briscoe School" First Passage: May 4, 1998 Public Hearing: May 18, 1998 Final Passage: May 18, 1998 Order read once and adopted 9-0 Vote #163B The Committee on Finance and Property to whom was referred the matter of Interim Appropriation have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Monday, May 18, 1998 at 7:435 PM in Council Chamber 191 Cabot Street, Beverly relative to an Interim appropriation from the general fund in the amount of one million, six hundred sixty three thousand thirty three ($1,663,033) dollars to "School Capital Projects Fund". Such appropriation will come from the transfer of funds back to the City from the South Essex Sewage District. First Passage: May 4, 1998 Public Hearing: May 18, 1998 Final Passage: May 18, 1998 Order read once and adopted 9-0 Vote #163C The Committee on Finance and Property to whom was referred the matter of Loan Order $7,340,000 have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council hold a Public Hearing on Monday May 18, 1998 at 7:45 PM in Council Chamber relative to a Loan Order in the amount of Seven million three hundred forty thousand dollars which will provide the funding necessary top renovate and enlarge the Ayers School. ORDERED: that seven million three hundred forty thousand ($7,340,000) is appropriated for constructing additions to and remodeling, reconstructing and making extraordinary repairs to the Ayers/Ryal Side Elementary School, including original equipment and furnishings and related site improvements; that to meet this appropriation the treasurer, with the approval of the Mayor and the Director of Municipal Finance and under the direction of the Committee on Finance and Property, is authorized to borrow $7,340,000 under G. L. c.44 7 or Chapter 645 of the Acts of 1948 as amended, and to file an application with the Emergency Finance Board to qualify the bonds under Chapter 44A of Massachusetts General Laws; that the borrowing authorized by this order, as well as the Two million one hundred thirty thousand ($2,130,000) borrowing authorized by the order approved by the Mayor on January 2, 1996 for 94 the cost of architectural services for plans and specifications for school projects and the Six million, six hundred fifty nine thousand one hundred dollars ($6,659,100) borrowing authorized by the order approved by the Mayor on January 24, 1997 for constructing, originally equipping and furnishing a new elementary school on Balch Street, shall be incurred pursuant to both this order and those orders, respectively, and the order approved by the Mayor on May 13, 1996 which authorized a borrowing of Thirty seven million dollars ($37,000,000) for various elementary school construction and remodeling projects; that the City Treasurer is further authorized to file a certified copy of this order and provide such other information and execute such other information and execute such other documents as the Board may require; and that all bonds or notes issued hereunder shall be certified to in writing as to their genuineness by Fleet National Bank of its successor. First Reading: May 4, 1998 Public Hearing: May 18, 1998 Final Passage: May 18, 1998 Order read once and adopted %0 Vote #132 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance-Motor Vehicles and Traffic relative to stop signs Briscoe at Essex have considered said matter and beg leave to report as follows, to wit: In the year one thousand nine hundred and Ninety-eight An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to "Obedience to isolated stop signs" Be it ordained by the City Council of the city of Beverly as follows: That Chapter 14, Sections 86, of the revised ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: Briscoe Street, northbound drivers on Briscoe Street at Essex Street This ordinance to take effect according to Charter Provisions. First Passage: May 4, 1998 Final Passage: May 18, 1998 Order read once and held for final passage 9-0 Vote #149 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment to Beverly Planning Board Robert Rink 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 #151 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment - zoning Board of Appeals Designee to the Design Review Board Margaret O'Brien 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 #152 95 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance, Motor Vehicles and Traffic re Stop Sign Hardy St. 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 amending an ordinance entitled "Motor Vehicles and Traffic" relative to "Obedience to isolated stop signs" Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Sections 86, of the revised ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: Hardy Street, southbound drivers on Hardy Street at Pleasant Street This ordinance to take effect according to Charter Provisions. First Passage: May 4, 1998 Final Passage: May 18, 1998 Order read once and held for final passage 9-0 Vote #153 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic parking in Depot area 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 amending an ordinance entitled "Motor Vehicles and Traffic" relative to "Parking" Be it ordained by the City Council of the city of Beverly as follows: That Chapter 14, Sections 120, 121 and 126, of the revised ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: DELETE: Chapter 14, Section 121 (2), Bridge Street, southerly side, from Hall- Whitaker Bridge two-hundred (200) feet westerly. DELETE: Chapter 14, Section 120, River Street, westerly side, from margin Street to forty (40) feet south DELETE: Chapter 14, Section 120, River Street, westerly side, from Margin Street, to one-hundred eighty-two (182) feet south to Bridge Street. DELETE: Chapter 14, Section 126 (d), Bridge Street, northerly side, from thirty (30) feet east of No. 21 Bridge Street to Paved walk-way into Ayers Ryal Side School ADD: Chapter 14, Section 126 (d), Bridge Street, northerly from forty (40) feet west of Hall-Whitaker Bridge to paved walk-way into Ayers Ryal Side School ADD: Chapter 14, Section 120, Bridge Street, southerly side, from River Street to a point two-hundred (200) feet west of the Hall Whitaker Bridge ADD: Chapter 14, Section 120, Bridge Street, northerly side, from River Street to a point forty (40) feet west of the Hall-Whitaker Bridge. ADD: Chapter 14, Section 120, River Street westerly side, opposite Pleasant Street, between the driveways of Boston Gas Co., and Mass Electric Company. This ordinance to take effect according to Charter Provisions. First Passage: May 4, 1998 Final Passage: May 18, 1998 Order read once and held for final passage 9-0 Vote 96 #154 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request to waive alcohol ordinance for Beverly Senior Center 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 Beverly Senior Center to waive the alcohol ordinance for an event to be held on May 16, 1998 at the Senior Center. Order read once and adopted 9-0 Vote #156 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Comm. of Mass relative to Cellular Towers have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That letters be drafted to the Chairs of the Massachusetts Senate and House Ways and Means Committees to oppose supplemental budget language that strips cities and town of zoning authority over the siting of cellular towers and removes their ability to assess such facilities. Order read once and adopted 9-0 Vote #157 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim- George Belezos 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 9-0 Vote #164 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement Barbara Baker 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 Barbara Baker at 19 Raymond Ave. as per the request of Dawn Goodwin, Community Development Director. Order read once and adopted 9-0 Vote #165 The Committee on Legal Affairs and Accounts to whom was referred the matter of Waiver of City Ordinance 15-10 Alcohol in City Owned buildings 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 waive City Ordinance, Section 15-10 relative to Alcoholic beverages in City owned buildings for an event at City Hall, May 21, 1998 Order read once and adopted 9-0 vote #136 The Committee on Public Service and Aid to whom was referred the matter of complaint-Media One and Political Advertising 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 UNFINISHED BUSINESS: The following ordinance was read into Council minutes on March 2, 1998 First Passage: April 21, 1998 Held by Charter Provisions, Advertised and held for Final Passage May 4, 1998 # 105 Ordinance Personnel-Unclassified Salaries Resolutions: #178 Eagle Scout recognition-John L. Lavoie #179 Eagle Scout recognition-William E. Soares, III Motions and Orders #175 By Councilor Gilmore: Ordered: That the City council send a letter of appreciation to Chief of Police John Finnegan for his many years of dedicated and exemplary service to the people of the city of Beverly. Order read once and adopted 9-0 Vote #176 By Councilor Gilmore: Ordered: That the City Council send a letter of congratulations to Joan Fairbank for being chosen as this year's recipient of the Beverly Chamber of Commerce Presidents Award for Excellence. Order read once and adopted 9-0 Vote #177 By Councilors Rollins, Murray and Van Liere Ordered: RE Agreement for Audit Services by and between the City of Beverly, Massachusetts and Powers and Sullivan The purpose of this agreement is to confirm that Powers and Sullivan will provide audit services to the City of Beverly for the years ended June 30, 1998 and June 30, 1999. Powers and Sullivan will audit the general purpose financial statements of the City of Beverly as of and for the years ended June 30, 1998 and 1999. The audit will be conducted in accordance with generally accepted auditing standards and governmental auditing standards and will include texts of the accounting records of the City of Beverly and other procedures that Powers and Sullivan consider necessary to express and unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If the audit opinion is other than unqualified, the auditors will fully discuss the reasons with the administration and with the City Council. If for any reason, the auditors are unable to complete the examination, they will not issue a report. The audit procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivable and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. The auditors will request written representations from the City's attorneys as part of the engagement, and the attorneys may bill the City for responding to these inquiries. At the conclusion of the audit, the auditors will also request certain written representations from the City's administration about the financial statements and related matters. An audit includes examining on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore this audit will involve judgment about the number of transactions to be examined and the area to be tested. Also, the auditors will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because the auditors will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, of illegal acts, including fraud or defalcations, may exist and not be detected by the auditors. The auditors will advise the City Council, however, of any matters of that nature that come to their attention, unless they are clearly inconsequential. The responsibility of the auditors as auditors is limited to the period covered by the audit and does not extend to matters that might arise during any later periods for which the auditors are not engaged as the City's auditors. The auditors are engaged with the understanding that the City will provide them with the basic information required for the annual audit and that the City is responsible for the accuracy and completeness of this information. The auditors will advise the City about appropriate accounting principles and their application and will assist in the preparation of the financial statements, but the responsibility for the financial statements remains with the City. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles and the safeguarding of assets. It is understood that the audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is significant deficiencies in the design or operation of the internal control structure. However, during the audit, if the auditors become aware of such reportable conditions or ways that the auditors believe management practices can be improved, they will communicate the to the City in a separate management letter. The annual fee for the services described herein, is $34,000 which includes travel and other out of pocket costs such as report production, typing, postage, etc. It is understood that the auditors report to the City Council, consistent with the City's charter and will report as needed, but no less than annually to the Council's designated audit committee. Also, it is the goal of the council to receive and review the report each December; assuming that the auditors have received timely access to auditable records by the administration. As the independent auditors of the City, Powers and Sullivan will only perform other consulting services for the City contingent upon a written contract for said services authorized by and signed by the Council. 99 This agreement is executed by Powers and Sullivan and the City Council as of the th day of 1998. Peter Gilmore, President City Council Powers and Sullivan Date: Referred to Legal Affairs and Accounts Meeting Adjourned at 10:00 PM Attest: Frances A. Macdonald C.M.C City Clerk 100