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2005-03-21 7:10 PM BHS Swim Team 7:20 PM Kevin Keene, re proposed dog park at Bessie Baker 7:30 PM Rinus Oostheok re Main Streets Regular Meeting of Beverly City Council 8:00 PM March 21, 2005 Roll Call : Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci . Pledge of Allegiance to the Flag : Led by Councilor Martin Council Recessed for Executive Session Appointments: Acceptance of Minutes of Previous Meeting: Meeting of March 7 2005 Communications from His Honor the Mayor : #72 March 21, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you well know Beverly High School is on probation for physical facility deficiencies. Analysis of this problem has indicated that the best answer is the construction of a new academic wing coupled with the refurbishment of the common spaces including the auditorium, cafeteria, gymnasium, etc. followed by the ultimate demolition of the existing academic wing. It is believed that the entire project will have a price tag of approximately $60,000,000. The City of Beverly is not on the current MSBA (Massachusetts School Building Authority) reimbursement list, and there will be no new list for some time. The City, however, does rank very highly in terms of the criteria to be used to justify future projects beyond those on the current list. Specifically, probationary status because of physical facility deficiencies is ranked third out of nine approved criteria behind only 1) “health and safety” and 2) “overcrowding.” The recent structural failure of an outside wall where a horizontal beam lost its bearing on a vertical column might even move us to criterion number 1. Thus the probability of becoming an approved project is extremely high although the timing of that approval is indefinite. It is possible that the High School project will receive approval retrospectively, i.e., after construction, in which case the City would pay interest only on the full cost of the project until that approval. Fortunately, interest only on the entire project has a lower annual outlay than debt service on the half of the project that MSBA is not expected to reimburse because short-term rates are much lower than long-term rates. We have been advised by the MSBA Director that the decision on MSBA reimbursement of construction costs, if favorable, will also be applicable to architectural fees and other pre-construction costs consistent with an MSBA approved schedule of allowable percentages of construction costs. Such reimbursement will be allowed whether pre- construction costs are voted separately from construction funding or combined with same. Working with the architectural firm, which has done recent work on the High School, we have estimated a need for $3.6 million to be spent on design and all pre-construction work on the school. That firm, SMMA, will be one of the contestants vying to be chosen to be the design architect. It is expected that six to eight firms will present proposals. While the recent revisions to the entire MSBA Program have resulted in a moratorium on new projects being added to the MSBA approved list, the timing may present an opportunity to the City of Beverly. The newly appointed Director of MSBA believes that architectural costs and fees can be appropriately reduced in percentage terms from past levels. The current dearth of new design work during the moratorium may well have left architectural firms specializing in public school construction anxious to find good new projects. In addition, it is true that Beverly has previously appropriated funds in excess of $1,000,000 for school construction projects which have not been spent and are available. That is to say that projects have come in below the total appropriated. Thus my request is as follows: That your Honorable Council appropriate $2.6 Million for design and other pre-construction costs and grant approval to the Mayor to supplement these funds as necessary with up to $1,000,000 in previously appropriated funds for school purposes with the proviso that the Mayor will report back to the Council on any part of the $1,000,000 so spent. The objective is obviously to get the job done for $2.6 Million if at all possible. 36 The key question for all of you is, of course, the City’s ability to handle the debt service on approximately $30,000,000 (half the anticipated total project). By earmarking certain known sources of new growth as discussed in the recent State of the City speech the City can identify the resources to handle most of the anticipated $30,000,000 cost. Naturally these earmarked sources must be absolutely firmly dedicated to the principal pay down of the debt over its 20-year payback period. As earlier mentioned, I wish to take the balance of this year to further clarify this situation and fill any financial gap which may exist. The problems with the High School are real. They must be faced and corrected. Construction costs will only rise with time. By voting for the pre-construction funds now and construction funds at a later point in time, your Honorable Council will have the benefit of additional information before taking the vote to appropriate construction funds. Because the school operating budget represents such a large percentage of our total annual operating budget, it will be essential that particular effort be made to hold down annual school budget increases. Additionally, the downward trend in Beverly of total student population must be reflected in the school workforce size and in the size of the new academic wing. With these essential caveats clearly stated, I ask that you take the necessary steps to appropriate these funds so that we may proceed with the designer selection process and get the job of designing this necessary project underway. In order to complete this task thoroughly and effectively allowing time for thorough review and comment I believe it is judicious to plan on a construction starting date of July 2007 for this project. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #73 March 21, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached please find the “Draft” commentary of the Capital Expenditure Plan for the period FY 2006-FY2015. In this plan for the first time we have chosen to look out ten years rather than the customary five. You will note that the plan discusses three major projects. These are 1) the High School Reconstruction, 2) improved Public Safety Facilities and 3) a major middle school project. The High School project would come first followed at the mid-point of the plan period by the other two projects proceeding simultaneously. While this exact timing is unlikely to actually occur, I did not wish to be judgmental as to which project should come first. The plan contains discussion of some possible ways to provide the necessary financial resources to pursue these projects without overrides. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #74 March 21, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Stella Mae Seamans has requested relief from the water/sewer bill for River House as an in kind contribution to support the operation of the shelter. River House is under pressure from the source of its major grant to “demonstrate multi-year service funding from more stable operations funding i.e. governmental entities and agencies.” I told her I would present her request to you. If you choose to honor the request, I have specific ideas as to how to provide the relief and still encourage conservation of water at the site. In considering the above you should know that I also expect from her a specific additional request for an annual amount of funds which she would like contributed by the City to River House. I will plan to include an amount for this purpose in the one-year budget for your consideration. 37 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #75 March 21, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Gregg Cademartori, 10 Hillside Avenue, Beverly, MA 01915, to serve as a member of the Conservation Commission. He will fill the unexpired term of Eileen Duff who has recently moved from Beverly. His term will be effective until June 30, 2005. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #76 March 21, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Beverly Youth Collaboration Advisory Board: Mr. Steve Curran 19 King Street Wakefield, MA 01880 Mr. George Simon 11 Pine Knoll Drive Beverly, MA 01915 Their terms are to be effective until December 31, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #77 March 21, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the two attached Subordination of Mortgage Agreements for property owned by Ms. Ann Chiarello at 42 Bow Street, Beverly. Also attached are communications from Community Development Manager, William O’Hare regarding these Agreements. Very truly yours, William F. Scanlon, Jr., Mayor 38 Refer to Legal Affairs #78 Honorable City Council City Hall, 191 Cabot St. Beverly, MA 01915 RE Proposed Ordinance Controlling Construction Sites Dear Honorable Council: I hereby submit for your review and consideration a proposed City ordinance to control and regulate construction sites in the City of Beverly. The attached communication from City Planner Tina Cassidy explains the proposal in more detail. Thank you for your consideration. Sincerely, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from other City Officers and Boards #79 March 16, 2005 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: 2-hour parking, Fayette Street Currently, there is a 2-hour parking restriction on Fayette Street, the northerly side, from Rantoul Street to South Hardy Street. This ordinance restricts this area to 2-hour maximum parking all day. I recently met with Councilor Costa and the new owners of the Hansbury Building, The Red Brick Studio, and they expressed their desire to make this a 2-hour parking area from 7:00 am to 12 noon, Monday through Friday, only. I think this will be a good change and better use of this space for all involved. Please take the necessary action to amend Chapter 14, Section 126 as follows: Delete: Sec. 14-126 (a) Two-hour parking Fayette Street, northerly side, from Rantoul Street to South Hardy Street. Add: Sec. 14-126 (d) Two-hour parking Fayette Street, northerly side, from Rantoul Street to South Hardy Street. By moving this from subsection (a) to subsection (d) this will now be from 7:00 am to 12 noon. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #80 March 16, 2005 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 39 Dear Councilors, Re: Right lane must turn right, Conant Street at Dodge Street We have received many complaints about the lane designations on Conant Street at Dodge Street. Presently, there are 2 lanes coming out of Conant St. and drivers in the left lane often want to turn right into the North Beverly Plaza. Some motor vehicles, not all, use that right lane to get in front of the other lane, making for near misses at this location. We would request to post this are, RIGHT LANE MUST TURN RIGHT. Please take the necessary action to amend Chapter 14, Section 94 as follows: Add: Sec. 14-94 (b) (1) Obedience to special traffic-control devices. Right lanes must turn right: Conant Street, eastbound traffic onto Dodge Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #81 March 14, 2005 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Attached is a list of all Petroleum Storage Licenses to be renewed for the year 2005. City Council approval is needed to complete the process for this years licensing. If you have any questions, please feel free to call either Kathy or myself regarding these licenses. Respectfully, Frances A. Macdonald, CMC, City Clerk Refer to Legal Affairs #26 A To Members of the City Council RE: Open Space Residential Design Ordinance At the Council’s Legal Affairs Committee meeting last Monday, subcommittee members were given a revised version of the OSRD ordinance. The revisions incorporated the changes suggested by the Planning Board in its letter of recommendation dated March 7, 2005, which was sent to you several weeks ago. I am forwarding the attached version of the OSRD to the remaining members of the Council who were not present at last week’s Legal Affairs Committee meeting so that you can see what the ordinance would look like with the Planning Board’s recommendations incorporated into it. This draft is easily distinguished from earlier versions by a notation in the top right hand corner or each page that states “Unofficial 3-14-05 revision intending to show Planning Board recommendations only as prepared by SH & JCT)”. Please feel free to contact me at 978-921-6000 Ext. 173 if you have any questions regarding the attached. Tina Cassidy Refer to Legal Affairs Communications, Applications and Petitions: #82 th Beverly Farms-Prides Crossing 4 of July Committee request to hang banner over West Street for Event April 2, 2005 Refer to Public Services 40 #83 Claim-Pothole Damage Daryll D. Wilson, 16 Courtney Drive Receive and Place on File Refer to City Solicitor #84 Application Petroleum Storage God Bless Realty, 317 Cabot Street Refer to Legal Affairs #85 Request for city services on Ellingwood Court and School Street Receive and Place on File Refer to Commissioner of Public Services #86 North Shore Regional Vocational School District Revised Preliminary Budget and Municipal Assessment Receive and Place on File #87 Claim-Slate, 26 Lothrop St. pest infestation during construction of Lothrop St. Receive and Place on File Refer to City Solicitor #88 Comm. re water problems at 500 Elliott Street Refer to Public Services Reports from Committees: #68 The Committee of the Whole to whom was referred the matter of request for Police Chief to appear before Council have considered said matter and beg leave to report as follows, to wit: Refer back to City Council Council approved Order read once and adopted 9-0 Vote #71 The Committee of the Whole to whom was referred the matter of Communication relative to the Open Meeting Law have considered said matter and beg leave to report as follows, to wit: Refer back to City Council Decision made to receive and place on file Order read once and adopted 9-0 Vote #58 The Committee on Finance and property to whom was referred the matter of request for a report from the PILOT Program have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 41 Ordered: That the Finance Director and the Mayor at their earliest convenience appear before Council with a progress report on property taxes in the arrears and the latest update on the PILOT Program. Specifically what progress has been made at schools: Shore Country Day Glen Urquhart Landmark Waring Brookwood Order read once and adopted 9-0 Vote #61 The Committee on Finance and Property to whom was referred the matter of request for a Five Year Lease for Purchase of School Busses 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 of the Purchasing Department to sign a five year School Bus Lease Purchase agreement for the purchased of two school busses. Order read once and adopted 9-0 Vote #63 The Committee on Finance and Property to whom was referred the matter of request to declare certain parcels of Airport Land as surplus 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 of the Beverly Airport Commission to declare five parcels of airport land as surplus. The Lots Are Parcel A, B, C, D and E on the enclose Exhibit. Motion to refer back to committee failed 7-2 Vote Councilors Coughlin and Burke against Motion to hold for final passage as per charter provisions #72 The Committee on Finance and Property to whom was referred the matter of appropriation re School Design 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 Tuesday, April 19, 2005, at 7:00 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to an appropriation in the amount of two million, six hundred thousand ($2.6 Million) dollars for design and other pre-construction costs and grant approval to the Mayor to supplement these funds as necessary with up to $1,000,000 in previously appropriated funds for school purposes with the proviso that the Mayor will report back to the Council on any part of the $1,000,000 so spent. The objective is obviously to get the job done for $2.6 Million if at all possible. Order read once and adopted 9-0 Vote #64 The Committee on Legal Affairs to whom was referred the matter of request for acceptance of MGL Reserve Firefighters List 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 of Fire Chief Pierce to adopt Mass General Law, Chapter 48, Sections 59B, 59C, and 59D relative to the establishment of a Reserve List of Firefighters for the Beverly Fire Department. Order read once and adopted 9-0 Vote 42 #66 The Committee on Legal Affairs to whom was referred the matter of request to be removed from Historic District 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 forward the enclosed request to be removed from the Historic District to the Historic District Commission for a recommendation. Order read once and adopted 9-0 Vote #77 The Committee on Legal Affairs to whom was referred the matter of Subordination Agreement-Chiarello, Bow St. have considered said matter and beg leave to report a 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 of Mortgage for Ann Chiarello for property at 42 Bow Street, as per the attached communication from Community Development manager William O’Hare. ($2,324.63) Order read once and adopted 9-0 Vote #77A The Committee on Legal Affairs to whom was referred the matter of Subordination Agreement-Chiarello, Bow St. have considered said matter and beg leave to report a 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 of Mortgage for Ann Chiarello for property at 42 Bow Street, as per the attached communication from Community Development manager William O’Hare. ($34,685.00) Order read once and adopted 9-0 Vote #62 The Committee on Public Services to whom was referred the matter of Appointment Commission on Disabilities-John Vickery, have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 9-0 Vote #65 The Committee on Public Services to whom was referred the matter of Communication from National Grid re Fly Ash Consolidation & Habitat Restoration Project 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 #82 The Committee on Public Services to whom was referred the matter of request to hang 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 4 of July Committee be granted permission to hang a banner across West Street th for a fund raiser to be held on April 2, 2005 provided that the banner be hung by a licensed rigger and that they are property insured. Order read once and adopted 9-0 Vote Unfinished Business: 43 Resolutions: Motions and Orders: #89 By Councilor Grimes: Ordered: That the City Council name its representative to the Economic Community and Development Council, pursuant to Section 2-436 of the Code of Ordinances. Refer to Appoint Pat Grimes 9-0 Vote Meeting adjourned: 10:30 PM Frances A. Macdonald, CMC City Clerk 44