1998-06-297:45 PM #215 A Public Hearing re Transfers In and Out current budget (?$452,357.00)
Referred to Finance and Property
7:50PM #212 A Public Hearing re Transfer to Account School Dept. from Medicaid
($410,126.00)
Referred to Finance and Property
7:55 PM #189 A Public Hearing re Appropriation to Account Teachers Pay Deferral
($1,772,132.00)
Referred to Finance and Property
Special Meeting of Beverly City Council, June 29, 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 June 22, 1998 Minutes amended 9-0 Vote
Appointments:
Communications from His Honor the Mayor:
#220
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The City of Beverly is pursuing a project to repair the roof and the masonry walls of the McKay
School. The project also includes some necessary work at the Briscoe School. In total these
improvements are expected to cost approximately $500.000.00.
It will be necessary to bond for these improvements. It is highly important to begin the work during
the summer season while the school buildings are empty.
I hereby request that your Honorable Council take a first reading tonight. June 29. 1998 and set a
public hearing for August 3, 1998 with a final vote that evening. John Dunn will provide you with a
Form of Loan Order from Bond Counsel similar to that used in past situations.
Very truly yours,
William F. Scanlon Jr.. Mayor
Referred to Legal Affairs and Accounts
Communications from Other City Officers and Boards:
#221
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
RE: Request for Stop Signs, area Cooney Field
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We have been asked to look into the possibility of placing 2 STOP signs in the area
of Coney Field, at or on East Street. We have checked this location and
determined STOP signs should be placed on Cedar Street at East Street and on
Victor Avenue at East Street. Both of these locations meet the warrants for the
placement of a STOP sign.
In accordance with the provisions of Chapter 89, Section 9 of the Massachusetts
General Laws, and Chapter 14, Section 86, of the Revised Ordinance of the City of
Beverly, we request the following stop sign;
ADD: Cedar Street, eastbound drivers on Cedar Street at East Street
ADD: Victor Avenue, westbound drivers on Victor Avenue at East Street
Very truly yours,
Dennis O. Tarsook,
Traffic Sergeant
Referred to Legal Affairs and Accounts
#222
William F. Scanlon, Jr., Mayor
Peter Gilmore, Council President
City of Beverly
191 Cabot Street
Beverly, MA 0 1 915
Gentlemen:
At the City election held in November, 1995, the voters overwhelmingly ratified a new
Charter for the City of Beverly. While the new City Charter retained the basic
structure of our city's government, it also made certain dramatic changes in the details
of tile way in which the government and administration functioned.
The Charter provided for the appointment by the Mayor of a Committee to review the
ordinances of the City to (1) bring the ordinances into conformity with the new
Charter and (2) to fully implement the provisions of the new Charter.
The Committee met to organize and begin to review the tasks set before it at meetings
in January and February of 1996. It quickly became apparent to us that the scope of
the task would be impossible to accomplish without the help and support of the
services of a consultant. In July of 1996, the Committee engaged Michael Curran, the
attorney for the Charter Commission.
One of the major features of our new Charter is that it provides for a separation of
powers between the legislative and executive branches of the government. Under the
"old" Charter, the duties of the Mayor and the duties of the City Council were so
mixed it was often difficult to determine who was responsible for any particular action,
or inaction.
At a minimum the work of our Committee required that every City Ordinance be
reviewed for the purpose of assuring that the new relationship was reflected in each
ordinance. A major restructuring of all of the City Ordinances was needed to reflect
this change.
The Charter as adopted established five "super" departments consolidating city
functions into logical clusters of services. The Mayor, in establishing his budget for
the fiscal year 1996/67, took the idea a further step and proposed the consolidation of
other functions into another five clusters of services.
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The transitional provision, under which this Committee is established, directed us to
"give early attention to the revisions necessary to implement the organizational
structure contained in Article 5 of the Charter.
The Committee has given this subject major attention. This task is more difficult than
it might seem because, as indicated above, virtually every existing ordinance provision
must be rewritten to reflect a new relationship between the executive and legislative
branches of the government.
As a result, we propose by these draft Ordinances a framework which we believe is
easier to follow then that which preceded. That framework is as follows:
Chapter 1.
This chapter contains general provisions describing how the new Municipal
Code is to be designated and cited, definitions, date of implementation of
ordinances, the impact of the code on prior offenses and rights and the effect of
the repeal of ordinances, violations, severability and the city seal.
Chapter 2.
This chapter concerns elective offices, including the Mayor, City Council and
the School Committee. In this Chapter, a recommendation is made for a slight
renaming of the standing committees of the City Council, with a minor shift in
functions for the purpose of balancing the workload and allowing for the
various multiple member bodies to address issues to one of the committees.
Chapter 3.
Chapter 3 sets forth all of the multiple member bodies (Boards and
Commissions), their composition, authorities and responsibilities. This chapter
also contains all of the administrative officers of the City which are required
either by statute, ordinance, Administrative Code or the Charter, how each
office is established, the mode of appointment, term of office, authorities and
responsibilities are set forth.
Chapter 4.
Chapter 4 sets forth the Administrative Code and tile administrative
departments of the City. There are ten departments established by Charter and
Administrative Code. This Chapter sets forth their purpose, scope of
department activities, operating divisions and the appointment, term of office
and powers and duties of tile Department Heads (Directors and Commissioner)
of each of these departments.
The Committee could not reach a consensus as to the rightful place in the
organizational structure for the duties and responsibilities of the office of Director of
Purchasing. The Charter provides that the Mayor shall be the Chief Procurement
Officer of the City with the authority to delegate the powers and duties of that position
to another person. The Mayor has chosen to do so and has appointed a Director of
Purchasing. The Charter, however, also provides "the municipal finance department
shall assume all of the duties and responsibilities related to municipal finance activities
which prior to the a adoption of the Home Rule Charter was performed by or under
the authority of the city auditor, the city treasurer, the city collector, the chief
procurement officer and board of assessors."
The Mayor, in setting up the administrative offices of the City, included the
Department of Procurement and Contract Administration as a separate department. It
was argued by some members of the Committee that the Mayor as the Chief
Procurement Officer of the City could delegate and set up a department in whatever
132
manner he wishes. Other members felt that the person performing those duties should
be a part of the Department of Municipal Finance.
The Committee also could not agree as to which officers of the City are to be
designated as "City Officers." This designation is important as the Charter requires that
all City Officers are appointed by the Mayor, however, in attempting to draft a
consistent document that followed a clear "chain of command" and "span of control",
all department heads are given the authority to appoint all assistants, subordinates and
employees in their respective departments, which is also a Charter requirement. The
department heads that we interviewed said it was vital to the effectiveness of their
departments that they had the authority to hire and discharge the people working in
their departments.
We leave this debate to the Council with the recommendation that perhaps these two
issues would be best addressed by a Charter amendment.
The second phase of our charge "to fully implement" the Charter will take the
cooperation of the executive and legislative branches of the government. The
following measures should be considered for this purpose:
(1)
The establishment of a Personnel Board. This Board would consist of five
qualified people with experience in the field of personnel administration. The
Board would develop a personnel policy consisting of at the minimum policies
of recruitment and selection process, pay and classification plan, employees
benefits and rules of conduct, disciplinary and grievance processes.
(2)
Annual Reports must be prepared and delivered to the Mayor from all
department heads and multiple member bodies. These reports are vital to the
Mayor in order for him to plan for budgetary matters, personnel replacements,
additions and transfers, the continued development of the organizational
structure of the City and to prepare his Annual Report to the City.
(3)
The Charter requires that Minutes be taken at all meetings of tile City Council
and its standing committees and all meetings of Multiple Member Bodies. These
Minutes must be on file with the City Clerk and at the Public Library as public
records. Minutes document the actions of public bodies and should contain at a
minimum the agenda, the deliberations on each measure, the time, place,
attendance of members and votes taken.
(4)
It is the recommendation of this Committee that the Directors of the ten
departments of the City of Beverly, excluding the Director of Municipal
Inspections and the Director of Public Services, shall have a bachelor's degree in
a field appropriately related to the expertise required to effectively administer the
requirements of their office and related experience in the field. It is imperative
that the City of Beverly maintain a high standard for municipal personnel who
have several Divisions totaling hundreds of city employees for whom they are
responsible.
Lastly, we have reviewed the entire Ordinance of the City of Beverly and we
recommend that each Chapter be reviewed with the appropriate Department Head
and/or Division Head who is responsible for the enforcement of the particular
ordinance and that the new ordinance be placed in the new code of Ordinances in the
Department/Division of which the enforcing officer is a member as follows:
CHAPTER NAME
ENFORCEMENT OFFICER NEW DEPARTMENT
Chapter 3 Airport Airport Commission
Chapter 4 Animals Inspector of Animals
Chapter 5 Buildings Building Inspector
Chapter 6 Civil Defense Civil Defense Director
Chapter 7 Electricity City Electrician
Chapter 8 Fire Prevention Fire Chief
Chapter 9 Health Health Director
Chapter 10 Historic District Historic District Comm.
Chapter 11 Library Library Director
Planning & Development Dept.
Public Safety Dept./Animal Division
Municipal Inspections/Building
Public Safety/Civil Defense
Municipal Inspections/Electrician Div.
Public Safety Dept./Fire Div.
Comm. Services/Health Div.
Planning & Development/Historic Div.
Community Services Dept./Library Div.
133
Chapter 12 Licenses etc.
Chapter 13 Motor Buses
Chapter 14 Motor Vehicles
Chapter 15 Offenses etc.
Chapter 16 Parks and Rec.
Chapter 17 Personnel
Chapter 18 Planning Planning Director
Chapter 19 Police Police Chief
Chapter 20 Public Works Director of Engineering
Public Services Director
Chapter 21 Sewers Dir. of Engineering
Chapter 22 Shellfish Police Chief
Chapter 23 Trees Dir. of Public Services
City Council The City Council
City Council The City Council
Police Chief Public Safety Dept./Police Div.
Police Chief Public Safety Dept./Police Div.
Recreation Director Community Services Dept./Parks Div.
Human Resources Director Human Resources Dept.
Planning & Development/Planning
Public Safety Dept./Police Division
Engineering Dept.
Public Services Dept.
Engineering Dept.
Public Safety Dept./Police Div.
Public Services Dept./Labor Services
We, the Ordinance Review Committee established under Article 9 Section 9-6
(1), submit herewith our Draft of Code of Ordinances for the City of Beverly along
with the recommendations contained in this letter. We request an opportunity to
personally present this document with our synopsis of the same at a meeting of the
Council in the Fall.
Respectfully submitted,
ORDINANCE REVIEW COMMITTEE:
Crystal Atherton, Chair
Roy Gelineau
Arthur Powell
Thomas Alexander
Mary Grant
Referred to Legal Affairs and Accounts
#223
Honorable City Council
191 Cabot Street
Beverly, Massachusetts
01915
Dear Honorable Council:
This is to inform you that the following list of citizens
have been appointed to serve as Elections Workers for the
State Elections which will be held on September 15, 1998
and November 3, 1998.
Sincerely,
Frances A.
City Clerk
Macdonald, CMC
Receive and Place on File
Communications, Applications and Petitions:
#224
Petition-Bell Atlantic for conduit in New Balch Street
Referred to Public Service and Aid
#225
Petition Boston Gas for installation of main in Red Rock Lane
Referred to Public Service and Aid
#226
134
Beverly Harbor Management Authority Minutes of Meetings June 4 and June 10,
1998
Referred to Finance and Property
#227
Communication from Bedrock Properties relative to the condition of the sidewalks
at 145-149 Cabot Street
Referred to Public Service and Aid and Le_clal Affairs and Accounts
#228
Communication relative to flooding on Lothrop Street near Dane Street Beach
Referred to Public Service and Aid
#229 (Late File)
Communication requesting that the Beverly Senior Center be named in honor of
Susan Fiorini.
Referred to Finance and Propertv
#230 (Late File)
Report of City of Beverly Y2K Audit Committee
Referred to Public Service and Aid
Reports from Committees:
#64
The Committee on Finance and Property to whom was referred the matter of
Mayor's Capital Expenditure Plan have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0Vote
#214
The Committee on Finance and Property to whom was referred the matter of
Appropriation to account $410,1267.00 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 appropriation to Account School
Department from Medicaid reimbursements in the amount of $410,631.26 as per the
request of Judith Mulligan, School Business Manager
135
First Passage: June 15, 1998
Public Hearing: June 29, 1998
Final Passage: June 29, 1998
Order read once and adopted on a Roll Call Vote
ROLL CALL
Yea: Flaherty, Martin,
Gilmore
Nay: None
Absent: None
McGlynn,
McMahon, Murray,
Rollins, Troubetaris, Van Liere,
#215
The Committee on Finance and Property
Transfer to Various Accounts $1,772,132.00
leave to report as follows, to wit:
to whom was referred the matter of
have considered said matter and beg
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve the enclosed list of Transfers in and
transfers out totaling $452,357.00 as prepared by Finance Director John Dunn.
($1,772,132.00)
First Passage: June 15, 1998
Public Hearing: June 29, 1998
Final Passage: June 29, 1998
Order read once and adopted on a Roll Call Vote
Roll Call:
Yea: Flaherty, Martin,
Gilmore
Nay: None
Absent: None
McGlynn,
McMahon, Murray,
Rollins, Troubetaris, Van Liere,
#218
The Committee on Finance and Property to whom was referred the matter of
Appropriation to Account Teachers Pay Deferral 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 Appropriation to account Teachers
Pay Deferral from Non-Recurring Revenue in the amount of one million, seven
hundred seventy two thousand one hundred thirty two dollars.
Order read once and adopted on a Roll Call Vote
Roll Call:
Yea: Flaherty, Martin, McGlynn, McMahon, Rollins, Troubetaris, Van Liere
Nay: Murray, Gilmore
Absent: None
#219
The Committee on Finance and Property to whom was referred the matter of
Communication regarding Salem/Beverly Water Supply Board assessment increase
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and referred back to Committee on Finance and Property
136
#220
The Committee on Finance and Property to whom was referred the matter of Bond
Order $500,000 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, august 3, 1998
at 7:45 PM relative to a Loan Order in the amount of five hundred thousand dollars
($500,000) for improvements at the Briscoe School and at the McKay School
First Reading: June 29, 1998
Public Hearing: August 3, 1998
Final Passage: August 3, 1998
Order read once and adopted 9-0 Vote
#159
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re Dane Square Condos have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the term "Maximum Sales Price" is the Deed Riders for Units 202, 204,
and 205 of the Dane Square condominium, formerly know as the Rantoul Park
Condominium, located at 346 Rantoul Street, Beverly, Massachusetts be amended
such that the definition of Maximum Resale Price shall be "the greater of 80% of
market value or the price for which the unit was purchased by the Seller"
Language pending approval by the City Solicitor
Order read once and adopted 9-0 Vote
#208
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application-Antique and Junk Dealers License have considered said matter and
beg leave to report as follows, to wit:
No Further Action
Order read once and adopted 9-0 Vote
#213
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreement Carol Caten 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 authorized to sign the enclosed
Subordination Agreement between the city of Beverly and Carol Caten, 366 Cabot
Street.
Order read once and adopted 9-0 Vote
137
#146
The Committee on Public Service and Aid to whom was referred the matter of
Feasibility study-electronic Gate at Oberlin road have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Letter to Mr. Sperr
Order read once and adopted 9-0 Vote
#224
The Committee on Public Service and Aid to whom was referred the matter of
Petition-Bell Atlantic 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, August 3, 1998 at
7:55 PM in Council Chamber, 191 Cabot Street, Beverly relative to a Petition of Bell
Atlantic for an underground conduit on Balch Street for work required at James L. McKeown Elementary School.
Order read once and adopted 9-0 Vote
#225
The Committee on Public Service and Aid to whom was referred the matter of
Petition-Boston Gas 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, August 3, 1998
at 7:58 PM in Council Chamber, 191 Cabot Street, Beverly relative to a Petition of
Boston Gas for the installation of 600' of 4" plastic Gas main in Red Rock Lane
Order read once and adopted 9-0 Vote
#207
The Committee on the Whole to whom was referred the matter of Communication
from Special Olympics have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Letter to be sent to Special Olympics
Order read one and adopted 9-0 Vote
UNFINISHED BUSINESS:
Resolutions:
138
Motions and Orders
#231
By Councilor McMahon
ORDERED: That a letter be sent to the Farms/Prides Association reminding them
that they need to request permission from the City council to hang a banner across a
public way and that the banner must be hung by a licensed rigger or the City.
This communication will also act as permission to hang the banner for the 4th of July.
Meeting Adjourned at 8:35 PM
Attest: Frances A. Macdonald C.M.C
City Clerk
139