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2002-07-01 7:30 PM Public Hearing-Phase II North Bass River Public Works Improvements Referred to Finance and Property 7:40 PM Public Hearing-Loan Order Beverly Farms Public Library Referred to Finance and Property Regular Meeting of Beverly City Council JulyRegular Meeting of Beverly City Council July 1, 2002 1, 2002 Roll Call All : Councilors were present. Pledge of Allegiance to the Flag : Led by Councilor Troubetaris Appointments: Acceptance of Minutes of Previous Meeting: Meeting of June 17, 2002, and Special Meeting of June 27, 2002 accepted Communications from His Honor the Mayor : #266 July 1, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information this update on the collection of overdue detail payments. As you know, when I took office the city was owed a total of approximately $330,000 in overdue payments for police details for the year 1999-2001. The largest debtor in that group was the DiLorenzo Corp., which owed the city $178,575.50 of that amount. City Solicitor Peter Gilmore moved aggressively to begin collections, and the city has collected $28,191.90 of that amount to date from the DiLorenzo Corp. However, I am now in receipt of a communication from the committee of unsecured creditors of the DiLorenzo Corporation informing us that the company will be ceasing operations and liquidating in the near future. The top 20 unsecured creditors of the corporation alone are owed $1,131,604, and the outstanding balance owed to Beverly stands at $150,384.00 as of this date. Unfortunately, that balance due to the city from detail work performed in 1999-2001 must be regarded as uncollectible. While we will continue our efforts to salvage some of the amount, as an unsecured creditor our recourse is very limited. In order to prevent a recurrence of these problems in the future, I have instituted a process whereby the City Solicitor’s department is in constant contact with the Police Department and Accounts Receivable to monitor the status of outstanding detail payments. I am pleased to report that all other recovery efforts for overdue payments are currently on target, and are being closely monitored to prevent any such losses in the future. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File 137 #267 July 1, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The City of Beverly’s budget for Fiscal Year 2003 was passed by your vote on June 27, 2002. Due to the economic climate and other complicating factors, the budget was a very difficult one to balance while continuing to provide an adequate level of services to the citizens of our city. Many departments made major sacrifices to enable the city to support our schools and our children. My purpose in this letter is to commend the City Council for its hard work and close collaboration with Finance Director Tom Durkin and his staff to make this budget a reality. The Subcommittee on Finance and Property, under its chairman Councilor Jack Murray, was very efficient and businesslike in its review and recommendations. I was particularly gratified that the council had the foresight and wisdom to restore the position of staff planner to this budget. Your realization that we need to look to the future, and find ways to bring new growth and balanced development to the city, provides a ray of optimism in what was a rather bleak budget picture. The restoration of this position, and your work on the budget as a whole, are examples of the kind of teamwork between the council and the mayor’s office that I look forward to building on as we proceed through Fiscal 2003 and emerge from the current economic difficulties. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #268 July 1, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint/reappoint the following citizens to serve as members of the Beverly Solid Waste Management Committee: Sue Gordon Barbara Papish 42 Woodbury Street 5 Hale Park Avenue Effective until March 31, 2003 Reappointment until March 31, 2005 Kathy Kowalski Mary Rodrick 1 Dartmouth Street 14 Peabody Avenue Effective until March 31, 2003 Reappointment until March 31, 2005 Michael Philip Manheim John Swain 39 Dodge Street #33 7 Pierce Avenue Effective until March 31, 2004 Effective until March 31, 2005 Toni Musante 12 Willow Street Effective until March 31, 2004 Very truly yours, Thomas M. Crean, Mayor 138 Refer to Public Service and Aid #269 July 1, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information, the attached contract between the City of Beverly and newly appointed Fire Chief, Richard Pierce effective July 5, 2002. Very truly yours, Thomas M. Crean, Mayor Refer to Finance and Property Communications from other City Officers and Boards #270 June 25, 2002 Honorable City Council 191 Cabot Street Beverly, Ma Dear Honorable Council, The Beverly Farms Library Fund Raising Committee hereby gives to the City of Beverly the sum of $600,000 donated for renovation of the Beverly Farms Branch Library. This gift is made under the following conditions: 1. That all of said sum of money is to be used to pay costs associated with the design, renovation and expansion of the Beverly Farms Branch Library and its grounds and for no other purpose; 2. and, that should the project not proceed, all of the remaining funds shall be returned to the Beverly Farms Library Fund Raising Committee Sincerely, Kerry Murphy Healey Michele Mann Thomas Scully Receive and Place on File Communications, Applications and Petitions #271 Beverly City Council C/o Frances Macdonald, City Clerk 191 Cabot Street Beverly, MA 01915 RE Right of Reversion Centerville Improvement Society Dear Honorable Council I read in the Salem Evening News that the Committee on Finance and Property has voted unanimously to recommend the waiver of the City of Beverly’s right of 139 reversion in the property at 437 Essex Street. I am told that this vote follows an appraisal of the interest at “nominal value”. I am also informed that this vote was taken upon the representation that I have opined that the interest has no real value. Please understand that I have offered no opinion as to the value of the interest, nor do I feel qualified to do so. I don’t know what the Council considers “nominal value” to be, but I would suggest that in these times of fiscal constraint, the Council should not overlook a single penny. If the value of the interest is truly nominal, then any money the City were to receive for it would be found money. I think that a public auction of the interest would yield a substantial receipt, and putting my money where my mouth is, I hereby offer the city One Thousand Dollars for the city’s interest in the property. If this offer is acceptable, I will pay that sum to the city in good funds upon acceptance. I will also commit to submitting a bid in that amount should the City Council determine that it is in the best financial interest of the city to sell the interest at public auction. Thank you for your consideration. Very truly yours, Marshall J. Handly Referred to Finance and Property #272 June 24, 2002 Paul Guanci, President Beverly City Council 191 Cabot Street Beverly, MA 01915 RE: Budget Dear Paul: I am writing first in an attempt to caution the Council against any current reliance on my Opinion of May 20, 1999 on the issue of “Permitted uses of SESD Unreserved Fund Balance”. I have received from various members of the Council Solicitor Gilmore’s letter of May 31, 2002, in which he offers that my opinion” still represents the view of the Solicitor’s Office”. You should be aware that one of the fundamental assumptions essential to the conclusion stated in that opinion has changed, and while the opinion would continue to be valid for monies paid and held by SESD from before June 30, 1999, it would not be valid for monies paid to SESD after that date. As you know, until July 1, 1999, the city’s SESD obligations were paid out of the general fund, and any fund balance in our account at SESD in excess of our obligations was a general fund credit. It is my understanding that the entire Unreserved Fund Balance existing at SESD as of June 30, 1999 was withdrawn by the City and used to fund improvements to the water and sewer system. Subsequent July 1, 1999, I believe that the SESD obligations of the City have been met out of a special revenue account in which water and sewer payments have been deposited, separate and distinct from the general fund. Any current “Unreserved Fund Balance” at SESD could not, in my opinion, legally be commingled with the City’s General Fund, and could not be spent on anything not related to the operation and expense of the City’s water and sewer systems. I believe that this distinction is also noted by Powers & Sullivan in their letter of May 30, 2002 to Thomas Durkin. A second point I hope you will consider relates to the proposed sale of the Centerville and Ryal Side fire stations to balance the Budget. As you know, GLc.44 63 imposes limitations on the use of the proceeds of sales of municipal real estate. That statute essentially provides that the proceeds of such sales may only be applied to the retirement of debt associated with the acquisition of the particular assed sold (inapplicable in both cases), or to projects eligible for bonding in excess of 5 years (i.e. capital projects). The rationale for this requirement is obvious: the legislature doesn’t want us to mortgage the house to pay the electric bill. I don’t think that the simple and transparent device of switching the proceeds of the sale for funds already budgeted for capital projects is going to pass muster. I strongly urge you to 140 get the endorsement of the DOR on this suggestion before you consider approving this scheme. Thank you for your consideration, Very truly yours, Marshal J. Handly Referred to Finance and Property Reports from Committees: #32 The Committee on Finance and Property to whom was referred the matter of Deed Encumbrance Centerville Improvement Society Building have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the city of Beverly, for value received, waive any and all rights of reversion as established and described in a deed by the City of Beverly to the Centerville Improvement Society, Incorporated dated October 10, 1967, recorded at Essex South Registry District at Book 5490 Page 588, and restated in a deed of the City of Beverly to the Centerville Improvement Society, Inc., and 437 Essex, Inc. dated January 5, 1981, and recorded at Essex South Registry District at Book 8782 Page 236. This authority is contingent upon the Mayor receiving satisfactory evidence that CIS has adopted a written policy concerning the use of the funds that it receives from the sale and that the City’s interest in said funds are adequately protected Vote 9-0 Order read once and Adopted #221 The Committee on Finance and Property to whom was referred the matter of Creation of ADA Director position 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 to create a position of ADA Director in the City of Beverly effective July 1, 2002. Said salary for the position would be $780.00 per month and be it further ordered that the position will be paid from account “Handicapped Receipt Fines.” 9-0 Vote Order read once and adopted #226 The Committee on Finance and Property to whom was referred the matter of Fire Pumper-Surplus Property 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 #247 The Committee on Finance and Property to whom was referred the matter of Funding for Beverly Farms Branch Library have considered said matter and beg leave to report as follows, to wit: 141 Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the enclosed loan order to amend the financing for the Beverly Farms Branch Public Library and that the order passed by the City Council on October 1, 2001 appropriating and authorizing a borrowing of $3,100,000 for remodeling and expanding the City’s public library facilities is hereby amended to read as follows: “that $4,170,000 is appropriated for remodeling and expanding the City’s public library facilities; 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 $4,170,000 under G.L. c.44, §7 or any other enabling authority; that the Board of Library Trustees with the approval of the Mayor is authorized to contract for and expend any federal or state aid available for the project and to accept and expend any donations for the project, provided that the amount of the authorized borrowing shall be reduced by the amount of such aid or donations received prior to the issuance of bonds or notes under this order; that the Board of Library Trustees is authorized to take any other action necessary to carry out this project; 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 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 17, 2002 Public Hearing: July 1, 2002 Final Passage: July 1, 2002 Order read once and adopted 9-0 #248 The Committee on Finance and Property to whom was referred the matter of Loan Order Phase II North Bass River Public Works Improvements 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 enclosed Loan Order for Phase II North Bass River Public Works Improvements as per the request of Thomas Crean Mayor. The loan is to be paid from Water and Sewer Funds Loan Order: that $1,358,000 is appropriated for the purpose of financing the continuation of sewer and the laying and relaying of water mains in the North Bass River 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 $1,358,000 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; that the Treasurer is authorized to file an application with the Emergency 142 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 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 17, 2002 Public Hearing: July 1, 2002 Final Passage: July 1, 2002 9-0 Vote Order read once and adopted #252 The Committee on Finance and Property to whom was referred the matter of Financial Forecast FY 03-05 from Financial Analyst Kathy Griffin 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 #262 The Committee on Finance and Property to whom was referred the matter of completion of work on school to free up Free Cash 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 #264 The Committee on Finance and Property to whom was referred the matter of Order to convert FY03-05 Financial Forecast to Financial Plan have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Administration convert the FY03 – FY05 Financial Forecast to a Financial Plan that : 1. Addresses any supplemental operation or capital needs and the proposed funding sources for FY03 and; 2. Determines city spending requirements for FY04 and FY05 and the resources available to meet those needs, and identifies any proposed reductions or charges in services. Ant that the plan be submitted to the Council by September 3, 2002 and that a joint meeting between the Mayor and the City Council be held in September. Vote 9-0 Order read once and adopted #165 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic –Do Not Enter- Cressy Street 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 143 #239 The Committee on Legal Affairs and Accounts to whom was referred the matter of Speed Bumps, Lothrop Street 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 #249 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic Do Not Enter Cressy Street 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 Two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Do Not Enter-Cressy St. Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 94 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Cressy Street at the Elliott Street, Route 62 end of Cressy St. ADD: This ordinance to take effect upon passage according to City Charter. First Passage: July 1, 2002 Final Passage: Sept. 3, 2002 Ordinance read once and held for final passage according to Charter Provisions 9-0 Vote #250 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic One Way Street-Putnam Street 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 Two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re One Way Streets Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 94 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Putnam St. one way from Oakmont Road to Walnut Ave. 7:30 am to Delete: 8:30 am and 1:30 pm to 2:30 pm from September thru June, traffic to proceed northwesterly. Putnam St, one way from Oakmont Road to Dodge St. 7:30 am to 8:30 ADD: am and 1:30 pm to 2:30 pm from September thru June, traffic to proceed northwesterly. This ordinance to take effect upon passage according to City Charter. 144 First Passage: July 1, 2002 Final Passage: Sept. 3, 2002 9-0 Ordinance read once and held for final passage according to Charter Provisions Vote #208 The Committee on Public Service and Aid to whom was referred the matter of Mass Producer Take Back Program 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 adopt the enclosed Resolution relative to the CRT Producer Take Back Bill and adopt the state Producer Take Back Program Order read once and adopted 9-0 #245 The Committee on Public service and Aid to whom was referred the matter of Comm re City be Host Community for Recycling Incentive Program have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council authorize the City of Beverly to be the “Host Community” for the Municipal Recycling Incentive Program Northeast District 2. 9-0 Vote Order read once and adopted #246 The Committee on Public Service and Aid to whom was referred the matter of Reappointment Robert Marshall Council on Aging Board of Directors 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 #265 The Committee on Public Service and Aid to whom was referred the matter of Installation of Signs in Ward Five 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 install “children” signs on Salem Road, Puritan Road, Oakmont Road 4-5 Vote to send back to committee-Costa, Coughlin, MdGlynn, Flaherty Troubetaris 5-4 Costa, Coughlin, McGlynn, Flaherty, Troubetaris Order read once and adopted RESOLUTIONS: #273 A RESOLUTION The Beverly National Bank 145 WHEREAS: In 1802, The Beverly National Bank was incorporated as the Beverly National Bank and has been a mainstay in downtown Beverly ever since WHEREAS: The Beverly National Bank is the oldest community bank and the third oldest chartered bank in the United States WHEREAS:Since its founding, civic stewardship has been the philosophy of the Beverly National he Bank and the spirit of “Giving back to tCommunity” remains strong today WHEREAS: The Beverly National Bank has six offices in four communities and two branch offices staffed by students in local high schools WHEREAS: Officers and Employees of the bank are involved in community service and the bank supports a broad variety of community activities THEREFORE BE IT RESOLVED: That the Mayor and the Beverly City Council of the city of Beverly, Beverly National Bank Massachusetts wish to express their sincere congratulations to the and that the City Clerk spread a copy of this Resolution upon the City Records. Receive and Place on File Unfinished Business: #227 MV & T No Parking- Hillside Avenue 9-0 #228 MV & T Stop Signs-Presidential College 9-0 #232 MV & T Stop Signs-Porter Congress 9-0 Motions and Orders: #274 By Councilor Coughlin Ordered: That the public Service and Aid Committee develop a scope of Services and estimated costs for a Fire Safety Study for the City. Referred to Public Service and Aid #275 By Councilor Flaherty Ordered That the City Council and the Executive Branch review and recommend any changes to the cost of permits in the City of Beverly Referred to Finance and Property #276 By Councilor Flaherty Ordered: That a member of the School Committee be present at all City Council Finance and Property meeting that are deemed essential by the City Council Referred to Finance and Property #277 By Councilors Costa and Flaherty Ordered: Chapter 116 of the Acts of 2002 Under the act providing for Local Government Workforce reduction through an early retirement incentive program for certain employees. 146 Ordered That the Mayor and City Council adopt amendments chapter to #32 NOT directly related to Local ERI Early Retirement Incentive Program Separate form Early Retirement Incentive Program’ This section allows local “legislative bodies” to reopen the 180 day window of application for eligible veteran’s to buy back military service time. Referred to Legal Affairs and Accounts and Finance and Property Meeting adjourned: 9:45 PM Frances A. Macdonald, CMC City Clerk 147