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2005-02-22 7:10 PM Frank Killilea re JRM Contract 7:35 PM #31A Public Hearing Request for Live Tree Removal 46 Chase St. Refer to Public Services 7:45 PM #30 Public Hearing Loan Order Purchase of Fire Engine ($400.000) Refer to Finance and Property 7:50 PM #31 Public Hearing Appropriation Purchase of Police Cruisers ($85,000) Refer to Finance and Property 7:58 PM #39 Public Hearing Petition Mass Electric Charnock Street Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM February 22, 2005 Roll Call : Councilors Present: John J. Burke, William Coughlin, Timothy Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci . Councilor Costa was absent Pledge of Allegiance to the Flag : Led by Councilor Coughlin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of February 7, 2005 Communications from His Honor the Mayor : #46 Feb. 11, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Although the Department of Public Services has been able to do a very good job of dealing with snow on the streets, we have been limited in terms of sidewalk snow removal by the fact that we have only two pieces of equipment capable of performing this task. This week we discovered the availability of a used industrial strength sidewalk machine which will add to our capacity by at least 50%. In view of the risk to children walking to school and the risk to adults walking on the streets in the dark because the sidewalks are not clear, I have approved the purchase of the sidewalk snow blower described above on an emergency basis. It will be in operation this weekend. The Cost of the machine is approximately $29,000. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #47 February 22, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In the summer of 2003 the City awarded a single construction contract for two projects in Beverly Farms. The first project, for Chubbs Brook drainage, had an overall budget of $1,945,000 including contingencies. Funding was from the balance of available borrowings in the City-wide drainage project fund. This project is expected to be functional, 23 providing the expected drainage relief by April and to be fully complete by this summer. Total project costs are expected to be within budget. The second project was to install a sanitary sewer line along Route 127. This project was estimated to cost $1,900,000. Because much of the work on this project was to be done in the layout of Route 127, Massachusetts Highway Department (MHD) permits were needed work within the roadway. A decision was made to award the contract in anticipation of timely receipt of the necessary permits. Part of the rationale for this decision was the fact that Massachusetts Electric also planned to do substantial work within the Route 127 roadbed in the same time frame. The design of the sewer was coordinated with the design of the electric duct line. The sewer line was to be installed a lot deeper than the electric duct line, and therefore, would sensibly have been installed first. The permits were requested in June of 2003. The bids were opened in August of 2003. The contract was awarded in September of 2003. However, when I returned to office in January of 2004 the permits had not been issued. During January Frank Killilea, our CDM consultant Ralph Souppa and I visited Mass Highway District Four to expedite the permits. Despite our efforts the permits were not finally issued until May 2004 and when received the permits called for more stringent paving requirements than had been specified in the original contract specifications thus adding to the costs. In addition, the Mass Electric project was permitted and completed thus adding additional costs. The following table shows additional cost factors above budget related to this project. Currently some $1,136,000 of the appropriation of $1,900,000 has been spent but an additional appropriation will be required to complete the project. ADDITIONAL COST FACTORS ($ 000) More stringent Mass Highway specs 140 Unanticipated but necessary change orders 61 Contractor Increased Costs due to permit delays 166 Impact of following Mass Electric 111 Additional Police Details caused by project stretch out 78 Added resident engineer time caused by project stretch out 81 Concession by resident Engineering Firm (81) Desired contingency to complete project 94 Total 650 We would recommend that the original appropriation be amended to increase the total project to $2,550,000. A Public Hearing will, of course, be required. We typically fund projects with level debt principal payments. At the estimated current market rate of 4.50% for a 20- year long –term debt issue, first year debt service on the original $1,900,000 would increase by $62,000 for the larger amended project cost of $2,550,000. Such debt service when incurred will be budgeted within the Sewer Enterprise Fund. Looked at from the view of a conventional mortgage the annual payments would increase by $49,000 per year on a 20- year mortgage at 4.5%. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property . #48 February 22, 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 Trustees of the David S. Lynch Public Parks Fund: Ms. Rosalie Kerr 12 Millbrook Road 24 Mr. Robert Richardson 22 Washington Street Their terms to be effective until December 31, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #49 February 22, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Paul Miedzionoski, 7 Beatrice Road, Beverly, MA 01915, to serve as a member of the Harbor Management Authority. He will fill a vacancy on the Authority and his term will be effective until December 31, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #50 February 22, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Ms. Elise Bernstein, 23 Budleigh Avenue, Beverly, MA 01915 to serve as a member of the Beverly Commission on Disabilities. Her term will be effective until November 1, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #51 February 22, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am very pleased to report that Fire Chief Rick Pierce has received in excess of $100,000 in grants and donations to the Fire Department. A letter from Chief Pierce to me describing the details is attached. As a result, we will purchase two new thermal imaging cameras and be able to purchase all new state of the art turnout gear for all firefighters. We will also be able to keep Ladder One in continuous service until April 1. st Chief Pierce and his staff are to be commended for their fine work. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Receive and Place on File 25 Communications from other City Officers and Boards #26 Feb. 10, 2005 Frances A. Macdonald, City Clerk 191 Cabot Street Beverly, MA 01915 RE: Order #26, Proposed Open Space Residential Design Site Plan Ordinance Dear Mrs. Macdonald: For your information, the Planning Board would like to inform you that its public hearing on the proposed OSRD Sit Plan Ordinance is still open and has been continued to a special meeting of the Board on March 3, 2005 at 7:30 PM in Council Chambers, Beverly City Hall. Sincerely, Richard Dinkin, Chairperson Receive and Place on File Communications, Applications and Petitions: #52 North Shore Regional Vocation School District Annual Report, Short Form Receive and Place on File #53 North Shore Regional Vocation School District Annual Report Receive and Place on File #54 Claim-Snow Damage-Margaret Vaccaro, 31 Ellingwood Ct. Receive and Place on File Refer to City Solicitor and Public Services Dept. #55 Communication from Greater Lynn Mental Health and Retardation Association, inc. relative to property at 17 Wedgemere Road Receive and Place on File #56 North Shore Regional Vocation School District FY2006 Proposed Preliminary Budget Receive and Place on File Reports from Committees: #13 The Committee of the Whole to whom was referred the matter of live tree removal, 11 Glidden St. have considered said matter and beg leave to report as follows, to wit: Refer to Committee on Public Services Order read once and adopted 8-0 Vote 26 #30 The Committee on Finance and Property to whom was referred the matter of Loan Order for Purchase of Fire Engine 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 Mayor for the enclosed loan Order in the amount of four hundred thousand ($400,000) dollars for the purchase of a Fire Engine from American LaFrance Emergency Vehicles. Loan Order: That $400,000 is appropriated for the purchase of a fire truck; 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 $400,000 under Chapter 44, Section 7(9) of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application 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 may be required 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. First Passage: Feb. 7, 2005 Public Hearing: Feb. 22, 2005 Final Passage: Feb. 22, 2005 Order read once and adopted 8-0 Vote #31 The Committee on Finance and Property to whom was referred the matter of appropriation for the purchase of Police Cruisers 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 Mayor for an appropriation in the amount of seventy thousand ($70,000) dollars from donations from Beverly Hospital and Endicott College and a transfer from Reserve for Unforeseen in the amount of fifteen thousand ($15,000) Dollars for the purchase of one 2005 Ford Expedition and two Crown Victoria Cruisers. First Passage: Feb. 7, 2005 Public Hearing: Feb. 22, 2005 Final Passage: Feb. 22, 2005 Order read once and adopted 8-0 Vote #41 The Committee on Finance and Property to whom was referred the matter of request to repair sidewalk at 256 Cabot 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 Sidewalk at 256 Cabot Street be repaired by the City of Beverly. Order read once and adopted 8-0 Vote #47 The Committee on Finance and Property to whom was referred the matter of appropriation-Chubbs Brook 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 will hold a public hearing on Monday, March 7, 2005 at 7:50 PM In Council Chamber, 191 Cabot Street, Beverly, MA relative to an appropriation in the amount of six hundred and fifty thousand ($650,000) Dollars to amend an original appropriation for the Chubbs Brook Drainage Project. Ordered: that Order No. 104 passed by the City Council on May 19, 2003 is hereby amended to read as follows: “Ordered: that $2,550,000 is appropriated for the purpose of financing the construction of sewer and the laying and relaying of water mains in the Hale and West Streets area of the City, 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 $2,550,000 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 27 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; that the Treasurer is authorized to file an application with the Municipal Finance Oversight 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 Municipal Finance Oversight Board may require for these purposes; 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: Feb. 22, 2005 Public Hearing: March 7, 2005 Final Passage: March 7, 2005 Order read once and adopted 8-0 Vote #25 The Committee on Legal Affairs to whom was referred the matter of acceptance of Tall Tree Drive Ext. 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 accept Tall Tree Drive Extension as per the request of the Planning Board. Order read once and adopted 8-0 Vote #33 The Committee on Legal Affairs to whom was referred the matter of Appointment as Constable of Richard Lombara have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 8-0 Vote #37 The Committee on Legal Affairs to whom was referred the matter of One Day Auctioneers License-United Rug have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted 8-0 Vote #38 The Committee on Legal Affairs to whom was referred the matter of Application-Amusement Device License, Lucky Dog Tavern, 129 Cabot St., Beverly, MA have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted 8-0 Vote #44 The Committee on Legal Affairs to whom was referred an Ordinance re Parking and Traffic Commission have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and five An Ordinance amending an ordinance Article III Administrative Organization relative to Multiple Member Bodies Section 3-228 Parking and Traffic Commission Be it ordained by the City Council of the City of Beverly as follows, to wit: DELETE: A citizen appointed by the City Council ADD: Two citizens appointed by the City Council DELETE: the Citizen appointed by the City Council shall expire in a third year ADD: the Citizens appointed by the City Council shall expire in a third year Order read once and held for final passage as per charter provisions 8-0 Vote 28 #13 The Committee on Public Services to whom was referred the matter of Live Tree Removal at 11 Glidden 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 City Council approve the request for a live tree removal at 11 Glidden Street. Order read once and adopted 8-0 Vote #29 The Committee on Public Services to whom was referred the matter of Appointment-Trustees of the Beverly Public Library-Alyse Gause have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and Adopted 8-0 Vote #34 The Committee on Public Services to whom was referred the matter of Appointment-Trustees of the Beverly Public Library-Joanne Panunzio have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and Adopted 8-0 Vote #39 The Committee on Public Services to whom was referred the matter of Petition-Mass Electric for JO pole and equipment at 37 Charnock Street have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Petition Order read once and Adopted 8-0 Vote Unfinished Business: Resolutions: Motions and Orders: #57 By Councilor Costa: Ordered: Request the Tina Zelano, 29 Federal Street, Beverly, MA be appointed as a member of the Parking and Traffic Commission. Refer to Legal Affairs #58 By Councilor Costa: Ordered: That the Financial 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 Bookwood Refer to Finance and Property 29 #59 By Councilor Coughlin: Ordered: That the City Council review the City Collections, overall effectiveness and the recommendations put forth by the Mayors appointed Trash Committee as stated in City Ordinances, Chapter 20, Article One Section 9 entitled Public Works-Trash Removal and Disposal Service Fee. Refer to Finance and Property #60 Late File By Councilor Troubetaris: Ordered: Remove dead Norway Maple in front of 7 Echo Ave. Tree has been dead for about two years. Refer to Public Services Meeting adjourned: 9:07 PM Frances A. Macdonald, CMC City Clerk 30