2002-06-037:58PM #195 Petition-Mass Electric-Conduits in Enon St.
Referred to Public Service and Aid
Regular Meeting of Beverly City Council June 3, 2002Regular Meeting of Beverly City Council June 3, 2002
Roll Call
:
The following Councilors were present: Costa, Coughlin, Flaherty,
Martin, McGlynn, Morency, Murray, Troubetaris, Guanci
Pledge of Allegiance to the Flag
: Led by Councilor McGlynn
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of May 20, 2002 accepted
Communications from His Honor the Mayor
:
#221
June 3, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to create the
position of an ADA Director in the City of Beverly effective July 1, 2002. The salary for
said position would be $780 per month and monies to fund this position will be
transferred from account “Handicapped Receipt Fines.”
Very truly yours,
Thomas M. Crean, Mayor
Refer to Finance and Property
#222
June 3, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Raymond J. Stecker,
Jr., 802A Hale Street, Beverly Farms, MA 01915, to serve as a member of Beverly’s
Contributory Retirement Board.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
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#223
June 3, 2002
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 of Mortgage Agreements for the following properties and
owners as listed:
Mr. and Mrs. Darren Muise
20 Walker Road
Mr. Fred Walker
34 Elliott Street
Also attached are communications from William O’Hare, Community Development
Director, concerning these Subordinations.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
#224
June 3, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Gerard S.
Alterio, Jr., 42A Emerson Street, Wakefield, MA 01880 to serve as a Constable in the
City of Beverly for the express purpose of serving Civil Process.
His term will be effective until May 31, 2005.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
#211
June 3, 2002
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
As per your request, attached please find the recommended language for Order
#211.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
110
#241
June 3, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Please find attached for your approval the Loan Order for the financing for the
remodeling and reconstruction of the Centerville Elementary School.
Very truly yours,
Thomas M. Crean
Mayor
Referred to Finance and Property
#225
June 3, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request an appropriation in the amount of Twenty-Six Thousand Five
Hundred Dollars ($26,500) to account “ Engineering Department” from account “Sale
of Lots” for the following purposes as voted by the Cemetery Board of Managers:
$12,000 – to perform sub surface exploration of the Cole Street
Cemetery site to ascertain conditions precedent to
designing a cemetery for this purpose.
$14,500 – for design work at the Central Cemetery to maximize
capacity and improve aesthetics and ease of care for that
cemetery.
Said sum of money to be expended under the direction of the Director of
Engineering, Frank Killilea.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#226
June 3, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby submit for your consideration and action, the attached request from
Christopher Bradley, Director of Purchasing, concerning Surplus Property- 1980 Ford
C8000 Fire Pumper.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
111
#240
Honorable Council,
Please fine enclosed my proposed budget for Fiscal year 2003. This budget of
$79,850,851 is $2,577,242.33 higher that the budget of last year. The increase in
revenue comes primarily from increased property tax and motor vehicle excise tax.
The increased in expenditures are primarily due to increased Debt, Health Insurance,
Pension Assessment, State and County Assessments and the School Department.
I have made every attempt to estimate revenues prudently. I have limited the
reliance on one-time revenue and estimated state aid to be level with prior year
actual receipts. I am committed to implementing financial controls and systems that
will afford us stability and flexibility for the future.
I submit this budget to you in a time of difficulty for our Country, our Commonwealth
and our City. There is uncertainty in our economy. We in Beverly are feeling the
effects in increased costs and decreased aid from the state. I am committed to
doing the best we can with what we have and to work toward improving the
economic climate of the city.
While it is clear that this budget does not address all the needs of our city at this time,
basic services remain and I am committed to improving the level of services we
provide within our means.
Very truly yours,
Mayor Thomas Crean
Referred to Finance and Property
Communications from other City Officers and Boards
#227
May 29, 2002
Honorable City Council
C/0 Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
Re: Hillside Avenue parking
We have been asked to look into the narrowness of Hillside Avenue at the Elliott
Street end and the possibility of restricting parking at this end of Hillside Avenue. The
street is too narrow to allow parking and to allow two-way traffic on that end.
Because of the new curbing that was recently installed, we would recommend No
Parking on either side of Hillside Avenue from Elliott Street to roughly 80 feet up Hillside
Avenue.
Could you please take the necessary action to amend City of Beverly Revised
Ordinances as follows:
Chapter 14, Section 120, Hillside Avenue, both sides, from Elliott Street to
ADD:
eighty (80) feet southerly.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Referred to Legal Affairs and Account
112
#228
Honorable City Council
c/o Mrs. Frances MacDonald
City Hall
Beverly, Ma. 01915
Dear Council,
RE: Request for a Stop Signs
We have been asked to look into the possibility of placing STOP signs at the
intersections of Presidential Circle and Dunham Road and on College Lane, both
ends, one at Presidential Circle and one at Dunham Road. We have investigated
these locations and found they meet the warrants for a stop signs.
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts
General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of
Beverly, we request the following stop signs;
Presidential Circle, westbound drivers on Presidential Circle at Dunham
ADD:
Road.
College Lane, northbound drivers on College Lane at Presidential Circle.
College Lane, southbound drivers on College Lane at Dunham Road.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Referred to Legal Affairs and Accounts
#229
June 3, 2002
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
This is to inform you that the following list of citizens have been appointed to serve as
Election Workers for the State Primary on September 17, 2002 and the State Election
November 5, 2002.
Sincerely,
Frances A. Macdonald, CMC
City Clerk
Receive and Place on File
#230
May 31, 2002
City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Enclosed is a copy of an opinion rendered by then Solicitor Marshall J. Handly on the
question of the use of funds from the City’s reserved fund balance at SESD. Having
reviewed Mr. Handly’s communication and the letter of Powers and Sullivan dated
113
May 30,2002, a copy of which is also enclosed, I am satisfied that Mr. Handly’s
opinion still represents the view of the Solicitor’s office.
Very truly yours,
Peter H. Gilmore, City Solicitor
Referred to Finance and Property
#231
Mr. Paul Guanci, President
Beverly City Council
191 Cabot St.
Beverly, MA
Dear Mr. Guanci:
Enclosed you will fine a copy of the final report resulting from the Community Audit
for Arts Education that I conducted this year (Aug ‘01 to Feb ’02) with the help of
several community members. The audit was developed by the John F. Kennedy
Center for the Performing Arts Education Department and the Kennedy Center
Nation Alliance for Arts Education Network as a tool for school district to assess their
arts education programs. I hope you will read the audit to gain a better
understanding of the dept and breadth of our arts education programs in the district.
I would also ask that you view this report as an advocacy document as we strive to
build upon our successes with new and diverse arts education opportunities for our
students.
Beverly was one of thirteen original demonstration sites selected by the Kennedy
Center to field test their new Community Audit for Arts Education. The final result of
submitting our audit to the Kennedy Center in march was announced this week. I
am pleased to tell you that Beverly Public Schools has been selected as one of three
demonstration sites across the country to present its findings of the audit in
Washington D.C. on Capital hill in July. School Committee member, Nancy Brusil and
I will represent Beverly on this panel. The other two sites are from Mississippi and
Texas.
This has been a terrific year for arts education in the city of Beverly and I felt it marked
a turning point in how the entire community views and appreciates the arts as a vital
aspect of our school system. On the whole, the teaching of the arts in our schools,
with all of the tangible results and dynamic performance events, is a testament to the
high value this district places on arts education.
Please feel free to share this audit with your fellow council members and I would be
happy to print up additional copies if requested. If you would like to discuss any
aspect of the audit with me, please don’t hesitate to give me a call at 978-921-6100
ext. 741. Thank you for taking the time to read the enclosed documents.
Sincerely,
Richard P. King, Director of Fine Arts
Receive and Place on File
#232
Honorable City Council
c/o Mrs. Frances MacDonald
City Hall
Beverly, Ma. 01915
Dear Council,
RE: Request for a Stop Sign
114
We have been asked to look into the possibility of placing STOP sign at the
intersection of Porter St. and Congress St. We have investigated this location and
found it meets the warrants for 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 Ordinances of the City of
Beverly, we request the following stop sign;
Porter Street, southbound drivers on Porter Street at Congress Street.
ADD:
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions
#233
Communication from Marshall Handly relative to purchase of Hill Property
Receive and Place on File
#234
Beverly Farms-Prides Crossing 4 of July Committee request to hang banner over
th
West St.
Referred to Public Service and Aid
#235
Application for two One-Day Auctioneers Licenses, Kaminski Auctioneers, 564 Cabot
Street.
Referred to Legal Affairs and Accounts
#236
Comm from Greater Beverly YMCA relative to expansion at the Sterling Center
Receive and Place on File
#237
Comm from Washington’s Naval Base, Incl. Relative to statement
Referred to Public Service and Aid
#238
Communication relative to “Children at Play” signs
Referred to Public Service and Aid
#239
Late file
Comm from Martha Rice Martini re Speed bumps on Lothrop Street
Referred to Legal Affairs and Accounts
115
Reports from Committees:
#174
The Committee on Finance and Property to whom was referred the matter of North
Shore Veterans Council request to us City Building have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Vote 9-0
Order read once and Adopted
#190
The Committee on Finance and Property to whom was referred the matter of North
Shore Community Baptist Church request for waiver of building permit fees have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Vote 9-0
Order read once and adopted
#200
The Committee on Finance and Property to whom was referred the matter of Comm
re settlement Linn Haddad have considered said matter and beg leave to report as
follows, to wit:
Referred to the Committee of the Whole
9-0 Vote
Order read once and adopted
#211
The Committee on Finance and Property to whom was referred the matter of
Communication re appropriations FY 2002 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 of the City of Beverly will hold a Public Hearing on
Monday, June 17, 2002 at 6:45 in Council Chambers, Third Floor, City Hall, Beverly, MA
relative to the following appropriations to account:
Ordered: that $581,000 is appropriated from the Overlay Reserve to the Fiscal Year
2002 budget accounts as follows:
$99,862.00 Municipal Inspections Department
$480,000.00 Health Insurance
$1,138.00 Short Term Interest on Debt
Ordered: That $775,000 is appropriated from the Reserve for Appropriation Fund to
the Fiscal Year 2002 budget accounts as follows:
$6,967.16 Finance Department
$6,597.06 Engineering Department
$95,156.12 Short Term Interest on Debt
$207,745.00 State and County Assessments
$46,000.00 Workman’s Compensation
$27,935.53 General Insurance
$6,000.00 Group Life Insurance
$12,000.00 Employer’s Medicare Tax
$5,000.00 Unemployment Compensation
$263.24 Planning Department
$4,558.00 North Shore Vocational School Assessment
116
$356,777.89 Solicitor’s Litigation Account
Ordered: that $43,422.11 is transferred from the Reserve for Unforeseen Account of
the General Fund to the Solicitor’s Department Litigation account of the General
Fund.
First Passage: June 3, 2002
Public Hearing: June 17, 2002
Final Passage: June 17, 2002
9-0 Vote
Order read once and adopted
#216
The Committee on Finance and Property to whom was referred the matter of Comm
re Appropriation Phase II Stormwater Management Plan ($750,000) have considered
said matter and beg leave to report as follows, to wit:
That the City Council of the City of Beverly will hold a Public Hearing on
Ordered:
Monday, June 17, 2002 in Council Chambers, 191 Cabot Street, Beverly, MA at 7:55
PM relative to the enclosed Loan Order:
That $750,000 is appropriated for the purpose of financing the preparation of
a Stormwater Management Plan, including without limitation all costs thereof
as defined in Section 1 of Chapter 29C of the General Laws; that to meet this
appropriation the Treasurer with the approval of the Mayor and the Director
of Municipal Finance and the Committee on Finance and Property is
authorized to borrow $750,000 and issue bonds or notes therefore under G.L.
c.44 and/or Chapter 29C of the General Laws; that such bonds or notes shall
be general obligations of the City unless the Treasurer with the approval of the
Mayor and the Director of Municipal Finance and the Committee on Finance
and Property determines that they should be issued as limited obligations and
may be secured by local system revenues as defined in Section 1 of Chapter
29C; that the Treasurer with the approval of the Mayor and the Director of
Municipal Finance and the Committee on Finance and Property is authorized
to borrow all or a portion of such amount from the Massachusetts Water
Pollution Abatement Trust established pursuant to Chapter 29C and in
connection therewith to enter into a loan agreement and/or a security
agreement with the Trust and otherwise to contract with the Trust and the
Department of Environmental Protection with respect to such loan and for
any federal or state aid available for the project or for the financing thereof;
that the Mayor is authorized to enter into a project regulatory agreement with
the Department of Environmental Protection, to expend all funds available for
the project and to take any other action necessary to carry out the project;
and that all bonds and notes issued hereunder shall be certified in writing as
to their genuineness by a bank or trust company situated and doing business
in Massachusetts to be selected by the Committee on Finance and Property.
First Passage: June 3, 2002
Public Hearing: June 17, 2002
Final Passage: June 17, 2002
9-0 Vote
Order read once and adopted
#217
The Committee on Finance and Property to whom was referred the matter of
Appointment-Chief Assessor Donald Dragt have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
117
#218
The Committee on Finance and Property to whom was referred the matter of
Appropriation for Phase II Stormwater Management Plan language 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 enclosed
applications pertaining to the seven hundred fifty thousand ($750,000) State
Revolving Loan Program for compliance with the upcoming EPA Phase II Stormwater
Regulations
9-0 Vote
Order read once and adopted
#225
The Committee on Finance and Property to whom was referred the matter of
Appropriation to Account Engineering 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 of the City of Beverly will hold a Public Hearing on
Monday, June 17, 2002 at 6:25 PM in Council Chamber, Third Floor, City Hall, Beverly,
MA relative to an appropriation to account in the amount of Twenty Six Thousand
Five Hundred ($26,500) Dollars from account “Sale of Lots” to account “Engineering
Department” for the following purposes as voted by the Cemetery Board of
Managers
$12,000 to perform sub surface exploration of the Cole Street Cemetery
site to ascertain conditions precedent to designing a cemetery
for this purpose
$12,500 for design work at Central Cemetery to maximize capacity
and improve aesthetics and ease of care for that cemetery
Said sum of money to be expended under the direction of the Director of
Engineering, Frank Killilea.
9-0 Vote
Order read once and adopted
#240
The Committee on Finance and Property to whom was referred the matter of FY 2003
Budget have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: The City Council of the City of Beverly will hold a Public Hearing on
Monday, June 17, 2002 at 7:00 PM in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to the FY 2003 Budget
First Passage: June 3, 2002
Public Hearing: June 17, 2002
Final Passage: June 27, 2002
9-0 Vote
Order read once and adopted
#241
The Committee on Finance and Property to whom was referred the matter of
Funding for Centerville Elementary School have considered said matter and beg
leave to report as follows, to wit:
118
Ordered: That the City Council of the City of Beverly will hold a Public Hearing on
Monday June 17, 2002 at 6:30 PM in Council Chambers, third floor, 191 Cabot Street,
Beverly, MA relative to an appropriation to account in the amount of eleven million
four hundred thirty seven thousand ($11,437,000.00) Dollars for funding for the
Centerville Elementary School.
Loan Order: That $11,437,000 is appropriated for constructing an addition to the
Centerville Elementary School and for remodeling, reconstructing and making
extraordinary repairs to such school, including original equipment, 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 the Committee on
Finance and Property is authorized to borrow $11,437,000 under Chapter 44 of the
General Laws, Chapter 70B of the General Laws or any other enabling authority; that
the Treasurer is authorized to file an application with the Emergency Finance Board to
qualify under Chapter 44A of the General Laws any or all of the bonds and to
provide such information and execute such documents as the Emergency Finance
Board may require for these purposes; and that any bonds or notes issued pursuant to
this order shall be certified in writing as to their genuineness by a bank or trust
company situated and doing business in Massachusetts to be selected by the
Committee on Finance and Property.
Final Passage: June 3, 2002
Public Hearing: June 17, 2002
Final Passage: June 17, 2002
9-0 Vote
Order read once and adopted
#209
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application-Automatic Amusement Device License-Beverly Golf and Tennis Club
have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
9-0 Vote
Order read once and adopted
#223
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreements for Muise and Walker have considered said matter and
beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the
attached SUBORDINATION AGREEMENTS for Darren Muise 20 Walker Road and Fred
Walker, 34 Elliott Street as per the attached communication from Community
Development manager William O’Hare.
9-0 Vote
Order read once and adopted
#179
The Committee on Public Service and Aid to whom was referred the matter of
request for hearing Airport Commission have considered said matter and beg leave
to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
119
#215
The Committee on Public Service and Aid to whom was referred the matter of
appointment-Northeast Health Systems-Special Police-Laura Wheatley have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
9-0 Vote
Order read once and adopted
#216
The Committee on Public Service and Aid to whom was referred the matter of
Petition Mass Electric for conduit in sidewalk at 45 Enon Street have considered said
matter and beg leave to report as follows, to wit:
Recommend the Petition be granted.
9-0 Vote
Order read once and adopted
#234
The Committee on Public Service and Aid to whom was referred the matter of
Permission to hang a banner over West Street have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Beverly Farms Prides Crossing 4 of July Committee be allowed to
th
hang a banner across West Street during the month of June, 2002 and be I further
ordered that they be properly insured and that the banner be hung by a licensed
rigger.
9-0 Vote
Order read once and adopted
Resolutions:
Unfinished Business:
#161 Ordinance Part II Cha 23 Trees
#181 Ordinance MV & T Stop Sign Colby and Dartmouth
Motions and Orders:
#242
By Councilor Coughlin:
Ordered: That the City Assessor organize an evening informational seminar this fall to
educate Elected City Officials and the Citizens of Beverly about the process used to
determine property values.
Referred to Finance and Property
Meeting adjourned: 8:50 PM Frances A. Macdonald, CMC
City Clerk
120