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2003-04-077:15 PM Mary Grant re Financial State of Massachusetts 7:40 PM #104 Public Hearing Loan Order $1,900,000 Sewer/Water-Beverly Farms Referred to Finance and Property Regular Meeting of Beverly City Council April. 7, 2003Regular Meeting of Beverly City Council April. 7, 2003 Roll Call : Ronald Costa, William Coughlin, Timothy Flaherty, Donald Martin, Virginia McGlynn, Roger Morency, John Murray, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Murray Continuation of public hearing ended at 8:19 PM Appointments: #118 Council appointment to Mayor’s Rezoning Committee: Ron Costa and Jack Murray 9-0 vote Order read once and adopted Acceptance of Minutes of Previous Meeting: Meeting of March 17, 2003 Communications from His Honor the Mayor : #102 March 31, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Concerning my correspondence to you dated March 17, 2003, in which I requested a supplemental appropriation in the amount of $190,000.00 for the Beverly Harbor Management Authority to pay for float replacements and float rehabilitation, please place this request ON HOLD until such time as is necessary to review recent RFP’s concerning the Harbor. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #119 April 7, 2003 Beverly City Council 191 Cabot St. Beverly, MA Dear Honorable Council: I hereby request your Honorable Council adopt the attached Order reducing the FY03 Water Utility Budget. Very truly yours, Thomas M. Crean, Mayor 63 Referred to Finance and Property #120 April 7, 2003 Beverly City Council 191 Cabot Street Beverly, MA Dear Honorable Council: I hereby request that your Honorable Council adopt the attached orders establishing a Water Utility enterprise fund and a Sewer Utility enterprise fund. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property #121 April 7, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council adopt the attached order transferring funds from the South Essex Sewer District to the City. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property #122 April 7, 2003 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 32-34 Grant Street owned by Wayne Contois. Attached is a communication from William O’Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #123 April 7, 2003 Dear Honorable Council: I hereby request that order $378 adopted on November 18, 2002 be rescinded, and that the City Council authorize the borrowing of $937,596.00 for the commercial phase of the water and sewer utility meter replacement project. Very truly yours, 64 Thomas M. Crean, Mayor Referred to Finance and Property Communicationsfrom other City Officers and Boards #124 March 24, 2003 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Request for NO PARKING THIS SIDE, Pickett Court, easterly side We have been asked to look into the parking on Pickett Court, Beverly Farms, and to restrict the parking on one-side. We have looked at the situation, talked to some residents and recommend parking be restricted on the easterly side, the entire length. Please take the necessary action to add to Chapter 14, Section 120: Pickett Court, easterly side, from Hale St. to the end. ADD: Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Refer to Legal Affairs and Accounts #125 Communication from Assistant City Solicitor re Edward Comeau Refer to Legal Affairs and Accounts Communications, Applications and Petitions: #126 Communication from Segal, Edelstein, Bussone and Fallon relative to Order of removal dated March 17, 2003 of Edward F. Comeau, Jr. Refer to Legal Affairs and Accounts #127 North Shore Regional Vocational School District 04 Budget Summary Refer to Finance and Property #128 Comm. from K. S. S. Partners re age restricted housing Receive and Place on File Refer to Planning 65 #129 Comm. from Dept of Revenue re New Officials Finance Forum Receive and Place on File #130 Comm. from Dept of Revenue re Municipal Tax Amnesty Program Receive and Place on File #131 Application 3 Limousine Licenses-Boston Chauffer Service, Inc., Cummings Center Refer to Legal Affairs and Accounts #132 Comm. from Dept of Housing re Funding Soft Second Loan Program Refer to Finance and Property #133 Comm. from George Whitney re Appropriation to refurbish Hannah Marina Floats Refer to Finance and Property #138 Comm from Powers and Sullivan re independent financial audit services Referred to Finance and Property Reports from Committees : #12 The Committee on Finance and Property to whom was referred the matter of Loan Order for Beverly High School Schematic Design ($734,000) 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 the request of the mayor authorizing the City to deny borrow $734,000 for a new Beverly High School schematic design. Order read once and adopted on a Roll Call Vote Roll Call: Yea: Costa, Coughlin, Martin, Murray Nay: Flaherty, McGlynn, Morency, Troubetaris, Guanci #31 The Committee on Finance and Property to whom was referred the matter of estimate for BHS renovations have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 66 9-0 Vote Order read once and adopted #112 The Committee on Finance and Property to whom was referred the matter of request from Chamber of Commerce and Beverly Main Streets for funding have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to Mayor’s Office 9-0 Vote Order read once and adopted #123 The Committee on Finance and Property to whom was referred the matter of loan Order for Commercial Water Sewer Meters 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 Tuesday, April 22, 2003 at 7:45 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to the enclosed Loan Order in the amount of nine hundred thirty seven, five hundred ninety six ($937,596) dollars for the purchase of commercial water/sewer meters. Ordered: that $937,596 is appropriated for the purchase of commercial sized water/sewer utility meters; 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 $937,596 under Chapter 44 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; 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; and that Order No. 378 passed November 18, 2002 which previously appropriated funds for this purpose is hereby rescinded. First Passage: April 7, 2003 Public Hearing: April22,2003 Final Passage: April 22, 2003 9-0 Vote Order read once and adopted #110 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Conservation Commission Ian Hayes have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 8-1 Vote Councilor Troubetaris against Order read once and adopted # 115 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re Bass Haven Yacht Club and Dock Lane have considered said matter and beg leave to report as follows, to wit: 67 Submit the accompanying order and recommend its adoption Ordered: That the City Council ratify the action took by the Council on June 18, 2001 which reads: That the City Council approve the proposed resolution that seeks to clarify and protect the title to a small portion of land owned by Bass Haven Yacht Club. 9-0 Vote Order read once and adopted #122 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement, Wayne Contois, 32-34 Grant Street 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 AGREEMENT for Wayne Contois, 32-34 Grant Street, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #117 The Committee on Public Service and Aid to whom was referred the matter of request for sidewalk at McKay and Glidden Streets 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 Resolutions: #134 By Councilors Guanci and Martin: Resolution: Resolve that due to the forecast of the city’s financial position, the structural problems in the city’s budget, and the additional impact of the loss of state aid for FY 04, the purpose of this resolution is to notify the Mayor that the City Council will not approve a FY04 budget that: 1. Is out of balance 2. Uses more than one-third of whatever free Cash balance that may be certified at the time of its submittal to the City Council; and 3. That does not address the impact of FY04 budget proposals on future years 9-0 Vote Refer to Finance and Property #135 By Councilors Murray, Guanci and Martin: Resolve that since the MUNIS expenditure control has not been activated for the general fund of the City of Beverly, and since the administration will manage the FY 03 budget without this control per their advisory of the Finance Director to the Finance and Property Committee on February 24, this resolution serves as notification to the Mayor, Finance th Director, School Superintendent and all municipal department heads, per MGL, Ch.44,s31, that they cannot exceed their legal appropriation and if so, it is their personal financial liability and not the responsibility of the taxpayers of the City of Beverly. As such the City Council will not vote to fund any deficit appropriations for FY 03 68 9-0 Vote Order read once and adopted # 136 Eagle Scout: Alvah J. Chalifour, Jr. Receive and Place on File #137 Resolution: United States Postal Service –Postal Appreciation Day Receive and Place on File Unfinished Business: #79 Ordinance Pawnbrokers #84 Ordinance MV & T No Parking This Side-Garden St. Motions and Orders: Meeting adjourned: 10:03 PM Frances A. Macdonald, CMC City Clerk 69