1998-06-01Regular Meeting of Beverly City Council, June 1, 1998
Roll Call: Council Members were present
Pledge of Allegiance to the Flag: Led by Councilor Murray
Acceptance of Minutes of Previous Meeting:
Meeting of May 18, 1998 9-0 Vote
Appointments:
Communications from His Honor the Mayor
#201
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I enclose the operating budget for FY 98-99. This
is the fifth time I have been privileged to present the
annual budget. None of these has been easy to prepare,
no doubt in pan due to our financial frailty and this
budget is no exception as we face rapidly rising fixed
costs.
I am, however, pleased to say that the modest trend
of budgeted improvements which will improve the quality
of life in Beverly continues. Equally importantly, I am
pleased to confirm that we will commence a significant
number of capital expenditures during this budget year so
necessary to upgrade our city.
It is discouraging that on the school side a full
2 1/2% in salaries or nearly $500,000 is consumed by
automatic wage increases over which we have no control.
These represent step increases or column movements.
Additionally, medical cost increases on the school side
will amount to over $300,000. These amounts thus consume
most of the $1,000,000 in new funds which the State
requires that the City put into the schools for next year
even if no general salary increase were to be granted.
Despite these problems, we have been able to protect
the gains made last year in our schools when additional
teachers were hired, primarily at the High School. We
will, as was earlier promised, provide the resources to
meet the Level Program Budget and beyond that will
provide $550,000 for program improvements and possible
wage increases. But I would ask everyone to listen to
the following carefully. We will meet the Level Program
Budget while actually budgeting some $800,000 less than
the School Committee has in fact authorized. This change
does not mean a loss in programs. The handling of the
$800,000 is as follows: Specifically, after extensive
discussion with the Superintendent $400,000 will be
funded from good news within the current fiscal year soon
to end; $200,000, which represents a contingency, will be
carried against a Reserve in the Mayor's budget for next
year and be available if needed. The balance will come
from reduced expenditure cost estimates agreed by the
Mayor and Superintendent after further specific review.
I am also pleased to announce that we will be
spending $100,000 on our children by replacing structures
in our playgrounds thus improving safety and the quality
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of life. Beyond that four parks, Odell, Vittori,
Bartlett and the soccer field on Cross Lane, are
scheduled for major improvements including the
installation of irrigation systems. This budget also
calls for increased funds for the library, a critical
element in community education. It also adds funds for
the Council on Aging to broaden their services. In
addition, we will pursue with vigor the elimination of
graffiti and we will increase the sidewalk replacement
budget. Also through a combination public/private
effort, we will replace the restrooms and concession
stand at Hurd Stadium before the 100th anniversary of the
Beverly-Salem Football Game.
In the new year, we will, as previously announced,
completely renovate and enlarge Ayers, make improvements
of $500,000 or more to Briscoe, improve McKay with new
windows, roof improvements and masonry repairs, replace
the windows in Edwards and put new boilers in the High
School while completely renovating the J wing cross
corridor. In addition, certain needed renovations to
McKay, Patten and Centerville will occur this summer. In
all the improvements are intended to bring all our
schools to an acceptable physical state by the end of the
next fiscal year. The elementary facilities program will
of course continue and a new Secondary Facilities
Committee will begin its work.
Beyond programs affecting the schools, capital
expenditures of note include architectural and
engineering design of the new Public Safety Facility,
installation of new water meters, construction of the
Airport Connector Road, the Riverview Sewage project, the
complete translation of drainage issues at Chase Street,
Lawrence Brook and Chubbs Brook into engineering
construction projects, as well as water and sewer
improvements and the commencement of the dump capping.
I am also pleased to advise you that a variety of
improvements by our Public Services Department will
continue. Many drainage or blockage problems such as
MacArthur Road, Bertram and Sherman Street, Cabot Street
sewage, etc. have been recently solved. A new high
reliability alarm system for the twenty-six sewer pump
lift stations is in progress. The salt shed building
which will reduce salt erosion by 20% will be completed
early in the new year.
I am pleased to tell you all these good things. I
must also tell you that rapid rises in medical costs on
both the School and City sides of the budget are very
threatening. We provide excellent benefits to our
employees but have little control over rapidly rising
costs, some of which are double digit in the medical
arena. In addition for next year, we see a large
increase in pension costs and in the cost of the North
Shore Regional Vocational High School which is entirely
independent of the Beverly School Department as well as
in the Beverly-Salem Water Supply Board. This last issue
will be improved by the new meter installations but for
next year we face an additional cost of $360,000 from the
Beverly Salem Water Supply Board.
No administration in decades has tried to put the
City's infrastructure in proper condition. This Mayor
and this Council are attempting just that, and we are
fully serious about implementing the Capital Expenditure
Plan with a projected investment of $118,000,000. The
impact of these projects will raise the annual debt
service by $3,000,000 within a few years.
I am pleased to tell you that these significant cash
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needs coincide well with our revenue planning. The
leaseup of Cummings Center and the expiration of the
first phase of the TIF Agreement as well as completion of
the Airport Connector Road and the attendant industrial
park are planned to come together to finance these needs
on a timely basis.
The budget before you will help make Beverly a
somewhat better place and does represent a balanced
budget. I urge your approval of same.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance and Property
#202
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and
recommendation, Mr. Timothy J. Rubchinuk, 4 Shortell
Avenue, Beverly, MA 01915, to serve as a Constable in
the City of Beverly for the express purpose of serving
Civil Process.
His term will be effective until June 30, 2001.
Attached is Mr. Rubchinuk's application which has been
approved by Police Chief William Terry.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#203
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 Turning Point Inc., 14 County Way,
Beverly, MA 01915, 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
Communications from Other City Officers and Boards
#204
Beverly City Council
191 Cabot St.
Beverly, MA 01915
RE: Raymond Farms Drainage Easement
112
Dear Honorable Council:
I hereby request that the Council take such action as is legally necessary to
effect a confirmatory taking of a drainage easement in that part of Beverly
known as Raymond Farms, which easement is as shown on a plan entitled
"Raymond Farms at Beverly", recorded at Essex County Registry of Deeds,
Southern District at Plan Book 86, Plan No. 93. The requested action will not
change the character or extent of the established easement, but will merely
confirm that the right and responsibility of the City to and for the maintenance
of the drainage infrastructure within the easement. As the taking is confirmatory,
no rights of any third parties are affected.
Thank you for your attention in this matter.
Very truly yours,
Marshall J. Handly
City Solicitor
Referred to Legal Affairs and Accounts
#205
Beverly City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
RE: Claim of Anna M. Mahoney #135 of 1998
Dear Honorable Council:
In accordance with Section 2-91 of the Revised Ordinances of the City of
Beverly, I request that you approve settlement of this claim in the amount of
$913.65.
Ms. Mahoney's motor vehicle was damaged on March 23, 1998, when while it
was parked in the employee parking lot of the City library, snow and ice fell from
the roof on the building causing damage to the hood of such vehicle.
This settlement amount is based upon an independent appraisal of damage
conducted at the City's request. A copy of such appraisal is on file in this office.
Very truly yours,
Robert A. Munroe, Asst. City Solicitor
Referred to Legal Affairs and Accounts
#206 (tare File)
Michael Papamechail
Director of Public Services
City of Beverly
Beverly, MA
Dear Mr. Papamechail:
I would like to extend my appreciation to you and your men for a outstanding
job they did in preparation for this years Memorial Day weekend. I have had
many calls from the citizens of Beverly on how wonderful the Veterans Park at
City Hall looks this year, and the installation of new Flag Poles throughout the
City of Beverly, and the cleaning of the parks. Again, many thanks!
Sincerely,
George M. White
Director of Veterans Services
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Receive and Place on File
COMMUNICATIONS, APPLICATIONS AND PETITIONS
#207
Comm. from Special Olympics relative to Recycle for Gold Fund Raiser
Referred to Committee of the Whole
#208
Application-Second Hand Dealers License-North Shore Used Furniture, 330
Rantoul St.
Referred to Legal Affairs and Accounts
#209
Request of Cardinal Alumni Association to hang banner across Cabot Street
Refer to Legal Affairs and Accounts
#210
Request by Chamber of Commerce for Special Event License
Referred to Legal Affairs and Accounts
Reports from Committees:
#168
The Committee on Finance and Property to whom was referred the matter of
Communication relative to RFP's Beverly Golf and Tennis Club have considered
said matter and beg leave to report as follows, to wit:
Receive and Place on File 9-0 Vote
#174
The Committee on Finance and Property to whom was referred the matter of
Communication from Dept. of Revenue re FY99 Levy Limit Worksheet and
Explanatory Materials have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File 9-0 Vote
#183
The Committee on Finance and Property to whom was referred the matter of
Communication from BHMA re $18,000 Waterways Improvement Fund have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File 9-0 Vote
114
#201
The Committee on Finance and Property to whom was referred the matter of FY
99 Budget 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 Wednesday, June 17,
1998 at 7:30 PM in Council Chamber, 191 Cabot Street relative to the City of
Beverly FY 99 Budget
First Passage: June 1, 1998
Public Hearing: June 15, 1998
Final Passage: June 22, 1998
Order read once and adopted 9-0 Vote
#144
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Ordinance-Administration Article IV Boards, Commissions, Councils and
Committees Division 12 Hazardous Waste Oversight Committee have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption:
In the Year one thousand one hundred Ninety Eight
AN ORDINANCE Amending an Ordinance re "Administration" Article IV Boards,
Commissions, Councils and Committees Division 12 Hazardous Waste Oversight
Committee
Be it ordained by the city council of the city of Beverly as follows:
DELETE: Entire Section of Article IV, Division 12, Section 2-11 to Section 2-214
ADD: ,Sec. 2-511 Appointment Generally
The Mayor shall appoint in the month of January, subject to
confirmation by the City council, a Waste management Committee
to consist of Five (5) members interested in Waste Management with
Advisory assistance from the Office of community Development, the
City Engineer and the Department of
Public Works.
B,
The Hazardous Waste Oversight Committee shall function as a Sub-
Committee of the Waste Management Committee and carry out the
duties mandated by law.
,Sec. 2-512: Terms
The Members of the Waste Management Committee shall be
appointed for
a term of Three (3) years. Initially the Mayor shall appoint three (3)
members for a term of one year, one (I) member for a term of two
(2) years and one (1) member for a term of three (3) years.
B. Vacancies shall be filled by the Mayor and confirmed by the City
Council for
the Unexpired term.
,Sec. 2-513 Duties and Purpose
115
A. The Waste management Committee shall act in an advisory and
consulting capacity to the Mayor, City Council, relative to any
and all matters concerning Waste Management.
B. The Waste Management committee shall identify ways of
increasing recycling and waste reduction.
C. The Waste management Committee shall serve as a resource for
the general education of the public with respect to matters
concerning Waste Management, Waste Reduction and Recycling
Sec. 2-514: Meetings - Chairperson
A. The Waste management Committee shall meet in the month
of January each year and elect from its membership a
chairperson.
B. The Waste management committee shall meet once a
month.
Sec. 2-215 to Sec. 2-518 will reference the Hazardous Waste Oversight committee
as it was originally enacted with the exception that it now be named the
Hazardous Waste Oversight Sub-committee of the Waste Management
Committee.
To add the section regarding duties and purpose to read as follows:
Sec. 2-51 7:
(2)
I. To function as resource for the purpose of educating the public in
Hazardous disposal, identifying Hazardous and encouraging
Hazardous Waste reduction
J. To encourage the Mayor and City Council, subject to appropriation,
to fund an annual Hazardous Waste Collection
Ordinance to take effect according to charter provisions
First Passage: June 1, 1998
Final Passage: June 15, 1998
Ordinance read once and held for final passage 9-0 Vote
#169
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Complaint against North Shore Taxi 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
#187
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Communication from Comm. of Mass re Lease of State-Owned Property Rt.
128 North have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
Referred to City Solicitor
Order read once and adopted 9-0 Vote
#196
116
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Claim-Marion E. Russell 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
#197
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Claim Jennifer Marcus 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
#198
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Claim Jonathan Magoon 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
#168
The Committee on Public Service and Aid to whom was referred the matter of
Communication re RFP's Beverly Golf and Tennis 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
#179
The Committee on Public Service and Aid to whom was referred the matter of
Appointments to Beverly Youth Collaboration Advisory Committee Gary Cowles
and Kim McCabe have considered said matter and beg leave to report as
follows, to wit:
Recommend the Council approve the appointments
Order read once and adopted 9-0 Vote
#184
The Committee on Public Service and Aid to whom was referred the matter of
communication from Dept. of Public utilities request for comments from
Municipalities have considered said matter and beg leave to report as follows,
to wit:
Receive and Place on File
117
Refer to City Engineer
Order read once and adopted 9-0 Vote
#186
The Committee on Public Service and Aid to whom was referred the matter of
communication from H. Hemenway re Standley Street compost Site 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
#188
The Committee on Public Service and Aid to whom was referred the matter of
Petition-Mass Electric for conduit in Hale 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 hold a Public Hearing on Monday, June 15,
1998 at 7:50 PM in Council Chamber, 191 Cabot St. Beverly relative to a Petition
of Massachusetts Electric Company for the installation of 1 - 4' PVC conduit in
shoulder of the road, Hale St. Beverly, MA
Order read once and adopted 9-0 Vote
#189
The Committee on Public Service and Aid to whom was referred the matter of
Petition of Boston Gas for a gas main in Enon and Lincoln Sts. 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, June 15,
1998 at 7:55 PM in Council Chamber, 191 Cabot St. Beverly relative to a Petition
of Boston Gas for the installation of 1 70' of 6" plastic gas main in Lincoln St. and
130' of 6" plastic gas main in Enon St.
Order read once and adopted 9-0 Vote
UNFINISHED BUSINESS:
The following ordinance was read into Council minutes on April 6, 1998 First
Passage: May 18, 1998 Held by Charter Provisions, Advertised and held for Final
Passage June 1, 1998
#133 Ordinance Administration re Mooring and Slip and 10A permit fees
Resolutions:
#211
A Resolution for Joseph J. Walsh, Jr.
City Council
118
City of Beverly, Massachusetts
Joseph W. Walsh, Jr.
Be it known that the City Council of the City of Beverly,
Massachusetts, offers its sincere congratulations to Joseph W.
Walsh, Jr. On the occasion of his retirement as Director of Public
Health and Environmental Affairs for the City of Beverly;
And be it further known that the City Council joins with the
citizens of Beverly in expressing its pride in Jay's numerous
professional and personal accomplishments;
And be it further known that the City Council offers its sincerest
appreciation for Jay's many years of exemplary service to the
citizens of Beverly and for his many contributions to the health
and welfare of our great City.
The entire membership extends its very best wishes for a future
of happiness and good fortune.
Peter H. Gilmore
Timothy P. Flaherty
Joyce A. McMahon
Maureen E. Troubetaris
Russell W. Rollins
Carol A. Van Liere
Virginia D. McGlynn
Donald G. Martin
John W. Murray
Resolution read once and adopted 9-0 Vote
Motions and Orders
Meeting Adjourned at 9:55 PM
Attest: Frances A. Macdonald C.M.C
City Clerk
119