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1998-05-187:45 PM #163 A Public Hearing relative to School Dept. Finances A. Appropriation of Funds (5246,475.00) B. Interim appropriation ($1,663,033.00) C. Loan Order (7,340,000.00) Regular Meeting of Beverly City Council, May 18, 1998 Roll Call: Council Members were present Pledge of Allegiance to the Flag: Led by Councilor McMahon Acceptance of Minutes of Previous Meeting: Meeting of May 4, 1998 9-0 Vote Appointments: Communications from His Honor the Mayor #178 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Thank you for the opportunity to speak with you tonight. I thought it would be useful to review briefly the status of the current fiscal year and to comment on a few issues. First, the School Committee voted earlier tonight to re-instate the two elementary schools, North Beverly and Centerville, which had earlier been removed from the list. No action is required by the Council. The resubmission will occur tomorrow. For the current fiscal year soon to end I am pleased to advise you that the picture is a generally positive one. You may recall that when the current year's budget was built, we ran two major risks and indeed anticipated a possible shortfall in revenues vs expenditures. That shortfall will not occur. Sewer rate relief from the State on the one hand and our increase in excise tax revenues beyond expectations have been of great assistance to us. The $500,000 of new teacher salaries at the High School has been largely offset by the increased excise taxes. We all understand, of course, that the excise tax increase is the product of an excellent economy tied directly to the purchase of new cars and cannot be counted on to continue. On balance I can tell you that we expect the current fiscal year to end up slightly in the black. On the water and sewer front, we actually will receive a slight reduction in costs from SESD for next year while we face a large increase from the Beverly-Salem Water Supply Board. The water issue traces significantly to unaccounted for consumption and will be addressed with the new meter program. I am counting on the Council's approval this Fall to go forward with bonding for the new meters. In the meanwhile, I confirm that I am recommending no increase in water and sewer rates for the upcoming year. Our City is moving forward on many fronts and we have a huge accumulated backlog of issues which were never resolved. These include the dump cap, the lands near the airport, Police and Fire facilities, drainage, water and sewer, as well as new meters, new schools, new roads, etc., etc. More capital expenditures are underway or soon will be underway than at any time in recent history. We are moving from a reactive, hold on and try to maintain the status quo position to a pro active get things done mentality and we are not sufficiently staffed for such an approach. In the one year plan there will be some boldness, not huge but some, as we grow to be able to handle these issues. I hope you will provide me these human resources which are necessary. I have already stated that we will provide the resources required for the schools to meet the level program budget and some additional funds for certain top priorities in the schools. I am pleased to tell you that working with the school administration we are convinced that we can meet these 100 objectives with slightly less money than has been requested by the School Committee. That is very important because we must on balance find a way to meet all the City's needs, be they school related or storm drainage related. The people on Chase Street, near Lawrence Brook, or near Chubbs Brook need real action, not paper or promises and with your continued help I believe we can get the job done. The major solution continues to be new money from new sources. New growth in Beverly has increased and continues to do so. The really large increases are expected to come from the new airport connector road which should go out to bid this summer and from Cummings Center. Cummings Center in now about 2/3 full. We are entering the third year of the TIF arrangement. If the economy holds strong, the fillup of the site and the expiration of the first phase of the TIF should occur at about the same time and the City should see significant new revenues. By that time, of course, annual debt service will have risen significantly and the new funds will be needed to service that debt. Tonight we are requesting $$ to keep certain school improvements moving. We will present for your approval very early in the new fiscal year a series of bonding requests necessary to permit the capital expenditure plan to move forward on schedule. Councilors, let me urge you over the next few days to come forward with any ideas or issues you wish to see covered in the One-Year Plan and which we may have overlooked. You can anticipate having a full One Year Budget package for your review prior to your next meeting. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File 9-0 Vote #179 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following to serve as members of the Beverly Youth Collaboration Advisory Board: James M. Muse 7 Cross Street Beverly Effective until December 31, 2000 Gary F. Cowles 10 Dearborn Avenue Beverly Effective until December 21, 1999 Marylou Young 22 Lincoln Street Beverly Effective until December 31, 2000 Kim McCabe 273 Hale Street Beverly Effective until December 31, 1999 Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid #180 Honorable City Council City Hall 101 Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following to serve as Constables in the City of Beverly for the express purpose of serving Civil Process: Timothy Creamer 36 Appleton Avenue Beverly, MA 01915 Philip R. Cleversey 535 Essex Street Beverly, MA 01915 Paul Polonsky 14 Montserrat Road Beverly, MA 01915 Attached are applications and letters of request which have been approved by Chief William Terry. Their terms will be effective until May 31,2001. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts Communications from Other City Officers and Boards #181 Honorable City Council 191 Cabot St. Beverly, MA O191S Dear Honorable Council: As you know, the Secretary of State revoked the use of Punch Card Voting Machines. Because of this decision the City is in the process of purchasing Electronic Voting Machines (Accu-Vote). The machines are being purchased from LHS Associates. According to MGL S4, Chapter 34 the City Council must approve the decision to change voting machines. I am therefore asking for your decision this evening as the Secretary of State must be notified immediately. Thanking you in advance, Sincerely, Frances A. Macdonald, CMC for the Board of Registrars Referred to the Committee of the Whole #182 Honorable City Council City Hall Beverly, MA 01915 Dear Council: RE: City of Beverly Master Plan, Truck Exclusion, Lothrop St. from Water Street to Hale St. On May 13, 1998 Councilors Rollins and McGlynn hosted a informational meeting, concerning Lothrop Street, at city hall. The meeting was attended by several other city councilors, Councilors Gilmore, McMahon and Flaherty, as well as many residents of Lothrop Street/Dane Street area, Commissioner Pelonzi and myself. One of the issues discussed was a truck exclusion, trucks over 2 1A tons, being excluded from Lothrop Street, between Water Street and Hale Street. In order to do 102 this exclusion, we would also have to include Stone Street and Dane Street, as well as looking at other feeder streets onto Lothrop Street. It was recommended to send this truck exclusion idea to the City of Beverly Master Plan Review Committee, and let them look at this idea as part of the overall scheme for the waterfront and City of Beverly. Please forward this request to the Master Plan Review committee for their Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to the Committee of the Whole #183 To: Finance and Property committee Beverly City Council From: George Whitney Subject: BHMA FY98 Budget Authorization The "approved" BHMA FY-98 Budget which was provided to me has a revenue line item of $18000 to be transferred from the Waterways Improvement Fund. Assets of this Fund are derived form 50% of the boat excise tax in accordance with MGL Chapter 60B. They can be spent by the BHMA only for specific tasks as defined in MGL C. 40, S.f, CL. (72) as approved by the City Council. I have been unable to identify the approved use of this $18000. Please provide me with a copy of the applicable Council Order which authorizes the BHMA YF 98 budget and which indicates the approved allowed usage of this account line item. This information is needed so that I can confirm appropriate accounting procedures are followed in establishing the FY-99 budget and in closing out the FY 98 expenditure records. Referred to Finance and Property COMMUNICATIONS, APPLICATIONS AND PETITIONS #184 Comm. from Comm. of Mass. Dept. of Public Utilities relative to a request for comments from Municipalities . Investigation by the Dept. of Telecommunications and Energy upon its own motion, pursuant to G.L. c.164, c. 165 and c. 166A to review standards employed by public utility operators when restoring municipal street surfaces after performing excavations. Referred to Public Service and Aid #185 Copy of the Ward Two Whaler Spring 1998 Receive and place on file #186 Communication from Herb Hemenway relative to Standley Street Compost Facility Refer to Public Service and Aid #187 103 Comm. from Comm. of Mass. Division of Capital Planning and Operations relative to the Lease of 1.51 +- acres of State-Owned Property, Route 128 North, in Beverly Referred to Legal Affairs and Accounts #188 Petition of Mass Electric for installation of 2-4" pvc conduit in the shoulder of the road, Hale Street. Referred to Public Service and Aid #189 Petition of Boston Gas for the installation of 170' plastic gas main in Lincoln Street and 130' of 6" plastic gas main in Enon Street. Referred to Public Service and Aid #190 Comm. from Linda Zambouras, President BHS Softball Boosters relative to request for permission to continue advertising campaign that was originally approved on July 2, 1994. Referred to Public Service and Aid #191 Comm. from Dan Coffey relative to Blue Line Referred to Committee of the Whole #192 Communication from Patrick and Jennifer Dailing relative to Water Bill. Referred to Public Service and Aid #193 Communication from George Leahy relative to water bills Referred to Public Service and Aid #194 Massachusetts Electric Financial Statement Receive and Place on file 9-0 Vote #195 New England Power Financial Statement Receive and Place on File 9-0 Vote #196 Claim-Marion Russell-Pothole at 720 Cabot Street Referred to Legal Affairs and Accounts 104 #197 Claim-Jennifer F. Marcus-Pothole at Hannah School Referred to Legal Affairs and Accounts #198 Claim-Jonathan Magoon Pothole on Cross Lane Referred to Legal Affairs and Accounts #199 Invitation to march in Ryal Side Civic Association, Inc. parade on July 4, 1998 Receive and Place on File 9-0 Vote #200 Invitation to march in Beverly Farms-Prides Crossing 4th of July, 1998 Parade Receive and Place on File 9-0 Vote Reports from Committees: #133 The Committee on Finance and Property to whom was referred the matter of Communication from BHMA relative to Ordinance Revision have considered said matter and beg leave to report as follows, to wit: Return back to Committee on Finance and Property #163A The Committee on Finance and Property to whom was referred the matter of Transfer of Funds-School Dept. ($246,475) 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 a transfer of Two Hundred forty six thousand four hundred seventy five ($246,475) dollars to the School Capital Projects Funds from Proceeds of Sale of Briscoe School. First Passage: May 4, 1998 Public Hearing Held: May 18, 1998 Final Passage: May 18, 1998 Order read once and adopted on a Roll Call Vote: Roll Call: Yea: Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Van Liere, Gilmore Nay: None Absent: None #163B 105 The Committee on Finance and Property to whom was referred the matter of Interim Appropriation School Dept. ($1,663,033) 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 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 the School Capital Projects Fund. The 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 Held: May 18, 1998 Final Passage: May 18, 1998 Order read once and adopted on a Roll Call Vote Roll Call: Yea: Flaherty, martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Van Liere, Gilmore Nay: None Absent: None #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 approve a Loan Order in the amount of Seven million three hundred forty thousand dollars for necessary to 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 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 Held: May 18, 1998 Final Passage: May 18, 1998 Order read once and adopted on a roll call vote: Roll Call: Yea: Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Van Liere, Gilmore Nay: None Absent: None #133 106 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance-Administration relative to mooring, slip and permit fees 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 "Administration" relative to Mooring and slop and 10A permit fees; permit applications Be it ordained by the City Council of the city of Beverly as follows: That Chapter 1, Section 269, of the revised ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Delete: Entire Section Add: a. All boats or vessels moored in city waters or tied at slips in waters or seasonally rack stored in waterfront property with launching capacity in Beverly's waters shall be assessed an annual fee at the rate of four dollars ($4.00) per foot of length with a minimum charge of thirty-two dollars ($32.00), but all boat tenders belonging to or attached to another fee-paying boat shall be exempt. The purpose of such mooring and slip fees is to reimburse the city for the costs and services provided to boats and vessels in city waters by the harbormasters office. b. The harbormaster shall mail out permit applications to boat owners commencing the first day of February, in duplicate. These shall be returned to the harbormaster for approval, the original copy being returned to the boat owner. Carbon copies of all applications shall be kept on file by the harbormaster, and he shall give an account of all applications and turn over to the city all fees each year. c. The harbormaster shall annually mail out 10A permit applications to owners of bottom-anchored floats or rafts min accordance with M.G.L. Chapped. 91, Section IOA d. All bottom-anchored floats or rafts occupying the water sheet in the designated port area of the Beverly Harbor, including occupied sections of the federal channel, which do not have valid chapter 91 licenses from the Commonwealth of Massachusetts, shall be assessed an annual fee as shall be recommended by the Beverly harbor Management Authority and approved by the Beverly City council. This ordinance to take effect according to Charter Provisions. First Passage: May 18, 1998 Final Passage: June 1, 1998 Ordinance read once and held for final passage 9-0 Vote #170 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from American Diabetes Association re Bike ride 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 American Diabetes Association to travel through the City of Beverly on May 31, 1998 Subject to the approval of the Commissioner of Public Safety Copy of order sent to Chief Pelonzi Order read once and adopted 9-0 Vote 107 #180 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointments Constable Timothy Creamer, Philip Cleversey, Paul Polonsky 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 #160 The Committee on Legal Affairs and Accounts to whom was referred the matter of Lighting Study-Washington St. 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 a lighting study to be done regarding the public way on Washington Street at the end near the water, and be it further ordered that: 1. a copy of the request be sent to the director of Municipal Services to do the study. 2. a report be filed with the Committee on Public Service and Aid on May 28, 1998 3. the study shall include the cost of lighting 4. a copy of the lighting study be sent to the Mayor for an appropriation of funds to cover the cost of the lighting. Order read once and adopted 9-0 Vote #181 The Committee of the Whole to whom was referred the matter of Change of Voting Machines 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 by the City Clerk, for the Board of Registrars, to discontinue use of Punch Card Voting System and pursue the purchase of Accu-Vote systems (MGL 54 - 43) Order read once and adopted 9-0 Vote #182 The Committee of the Whole to whom was referred the matter of Communication from Police Dept. re master Plan 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 Police Dept. to forward Sgt. Tarsook's letter to Planning with a request that this study be included in the Master Plan Review. Order read once and adopted 9-0 Vote UNFINISHED BUSINESS: The following ordinances were read into Council minutes on March 20, 1998 First Passage: May 4, 1998 Held by Charter Provisions , Advertised and held for Final Passage May 18, 1998 # 132 Ordinance MV & T re Obedience to isolated stop signs Briscoe St. at Essex St. 108 # 152 Ordinance MV & T re Stop Sign-Hardy St. at Pleasant St. # 153 Ordinance MV & T re Parking in Railroad Station Area Resolutions: Motions and Orders Meeting Adjourned at 10:00 PM Attest: Frances A. Macdonald C.M.C City Clerk 109