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2004-05-03Regular Meeting of Beverly City Council 8:00 PM May 3, 2004Regular Meeting of Beverly City Council 8:00 PM May 3, 2004 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 Appointments: Acceptance of Minutes of Previous Meeting: Meeting of April 5, 2004 Communications from His Honor the Mayor : #183 May 3, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Enclosed please find a summary statement of the current status of the FY 2004-2005 operating budget. You will note that at this time projected expenses exceed revenues by $448,000 resulting in a shortfall of that amount. You will recall that your budget analyst, Kathryn Griffin, had earlier predicted a $4,000,000 shortfall. In shrinking that amount the following assumptions have been made: 1. $1,000,000 in revenue has been included from the sale of the Edwards School. 2. $1,000,000 in revenue has been included from the proposed Trash Fee. 3. The School system has been budgeted to receive $36,176,000 from the City plus Medicaid receipts above $450,000. By way of information the School Committee is currently considering a budget which shows expenses exceeding revenues by $1,206,000. 4. Various actions have been taken to increase revenues and decrease expenses. Other comments relevant to the operating budget: 1. I will submit to you later this month a balanced budget, as required by State Law thus eliminating the $448,000 shortfall. 2. The budget figures before me do not currently include any monies for wage and salary increases. Most municipal union workers have now gone nearly two years without current contracts and with no wage or salary increases. 3. The budget at this time contains only a $50,000 “Reserve for Unforeseen” which given the size of the overall budget should be larger. 4. In closing the current year we have the requirement per an agreement made by the past administration to provide the schools with $925,000 to help cover health insurance costs. That money will come initially from the Free Cash account and our expectation is that it will then be replaced by funds from the sale of the Edwards School. 5. The school system is running a deficit for the current year in an as yet unknown amount expected to be six figures in size. That amount will have to be absorbed by the City from Free Cash. Naturally, it is important that next fiscal year’s school budget be such that the school system can operate with it. 82 Overall the budget situation is quite difficult with essentially every department squeezed. Failure to take medicine earlier has resulted in much of the difficulty the city faces. When we look at the future it is already clear that the budget to be faced one year out will be even more difficult than this one. Thus it is essential that we make the hard decisions now. By way of explanation, in the following year’s budget we will not have the Edwards School revenues, yet we will have the cost of the project to get the High School off probation. We are looking at many initiatives both on the revenue and expense sides which I believe will help us with the following year’s budget. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #184 May 3, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached please find a draft Ordinance for a Trash Fee which would generate approximately $1,000,000 over the next fiscal year. Funds from this source have been included in the initial budget submission discussed earlier tonight. My staff and I have presented a fairly detailed proposal. We have studied plans in existence in other communities. We are available to answer questions regarding this matter at your convenience. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #185 May 3, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby propose for permanent appointment, subject to your review and recommendation, Ms. Pauline Teixeira as Director of Human Resources. Her initial term will be for a term of three years. Pauline has 15 years of progressively responsible experience in managing Human Resource Department functions and staff in both the public and private sectors. During her six years of working for the City, she has essentially functioned as the Assistant Director in the Human Resources Department. She has managed and coordinated most of the essential operations of that department, including employee benefits, payroll and employee recruitment. Her capabilities are well illustrated by the fact that she has saved the City many thousands of dollars on an ongoing annual basis by reviewing the entire list of beneficiaries in the late 1990’s and eliminating people who had passed away, or were otherwise ineligible. More recent analysis of healthcare costs and benefits has shown that there are additional opportunities for cost savings without loss of protection currently afforded 83 employees and retirees. At a detailed level Pauline is clearly the most informed and knowledgeable person in the City’s employ regarding these health benefits. With this promotion, she will be able to develop and implement the necessary strategic moves to gain the savings mentioned above, as well as others. Contemporaneous with this promotion, I am pleased to advise you that Assistant City Solicitor Bob Munroe has taken on the lead role in union negotiations and will also handle grievances. Pauline’s resume is attached for your information. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #186 May 3, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Enclosed is a commentary regarding the Capital Expenditure Plan. Your attention to and feedback regarding the various questions discussed herein is encouraged. The remainder of the document will be in your hands prior to the next Council Meeting. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File Communications from other City Officers and Boards #168 Letter from Beverly Golf and Tennis Commission to Mr. & Mrs. Louis Paglia Dear Eva and Louie, Thank you for your letter to the Beverly Golf and Tennis Commission regarding the maintenance of the property on Goodyear Street. At our meeting last night we read your letter with the enclosed petition from your neighbors. Johnson Golf Management agreed to send a crew to clean up the leaves and debris along Goodyear Street and to continue to keep the area free of trash and leaves on a regular basis. We apologize for the past condition of the area and we encourage you to communicate with us again at any time about your concerns. Respectfully, Beverly Golf and Tennis Commission John Kenney, Chairman Receive and Place on File #169 Frances Macdonald City Clerk 191 Cabot St. Beverly, MA 01915 84 Dear Mrs. Macdonald As the appointment authority of the Beverly Police Department, this is to inform you that I have appoint Sergeant Michael Sungy to Lieutenant. This appointment is effective April 28, 2004. Would you be so kind as to make arrangements for his swearing in. Thank you in advance for your cooperation Sincerely, John A. Cassola, Chief of Police Receive and Place on File Communications, Applications and Petitions: #170 Communication from Pat and Chris Berg, 8 Cressey Street re Handicap Ramp Refer to Legal Services with copies to City Solicitor and ADA Director #171 Petition of Mass Electric for Joint Owned Pole relocation and miscellaneous overhead equipment at Coolidge Ave. Refer to Public Services #172 Invitation from Michael J. Cadigan, Jr. Post 46, to March in Memorial Day Parade on Sunday, May 30, 2004. 9-0 Vote Receive and Place on File #173 Communication from Salem City Council relative to the Salem Beverly Water Supply Board. 9-0 Vote Receive and Place on File #174 Request to put dumpster on city property at 12 Woodland Ave. by Keith Musinski during renovations Refer to Legal Affairs #175 Request permission for roof overhang at 13 Elliott Street Refer to Legal Affairs #176 Application-Fortune Tellers License-Cindy Mitchell, 11 Railroad Ave. Refer to Legal Affairs 85 #177 Request to waive city ordinance re Junk vehicle on property, Ferde Rombola, 28 Windsor Road. Refer to Legal Affairs #178 Application Limousine License-Charles E. Waldron, d/b/a Grant Limousine Refer to Legal Affairs Reports from Committees : #163 The Committee on Legal Affairs to whom was referred the matter of permission to waive junk car ordinance 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 waive Article VII. Storage of Boats, Recreational Vehicles, Seasonal, Junk or Unregistered Vehicles, Section 14, 241, Parking Storing, Keeping, etc. for a period of Seventy-Five days retroactive to April 4, 2004 for unregistered vehicles at 27 Colgate Road, Beverly. 9-0 Vote Order read once and adopted #159 The Committee on Legal Affairs and Accounts to whom was referred the matter of Letter from BHMA re Congress Street Court Walkway 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 #154 The Committee on Public Services to whom was referred the matter of correction of term of office of Dorothy List, Beverly Housing Authority have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointment Extension until 2008. 9-0 Vote Order read once and adopted #156 The Committee on Public Services to whom was referred the appointment to Board of Registrars-Charles McShane and Marjorie Thompson have considered said mater and beg leave to report as follows, to wit: Recommend the Council approve the appointments 9-0 Vote Order read once and adopted 86 #166 The Committee on Public Services to whom was referred the matter of request for Mayor to attend meeting re Trash Fees 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 appear before the City Council Committee on Public Service on May 10, 2004 to answer questions concerning the proposed Trash Fee for fiscal year 2005. 9-0 Vote Order read once and adopted #167 The Committee on Public Services to whom was referred the matter of request to invite BEVCAM to discuss programming 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 meet with BEVCAM on May 10, 2004 to establish parameters as to what content is broadcast live at City Council Meetings. 9-0 Vote Order read once and Adopted #171 The Committee on Public Services to whom was referred the matter of Petition of Mass Electric re Coolidge Ave. 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 Monday, May 17, 2004 at 7:58 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly Mass. Relative to a petition of Massachusetts Electric for relocation of One Joint Owned pole and miscellaneous overhead equipment at Coolidge Avenue. 9-0 Vote Order read once and adopted Unfinished Business: #135 Ordinance MV & T-Special Traffic control devices re stopping on RR Tracks Resolutions: #179 Eagle Scout Andrew L. Sparrow #180 By Councilors Coughlin and Burke: Resolution re Safe Drinking Water Protection Pledge Safe Drinking Water Protection Pledge WHEREAS, May 2-8 2004 is recognized nationally as Drinking Water Week; and 87 WHEREAS, safe and affordable drinking water is essential for protection of public health, safety, and the environment, and for the maintenance of communities, a healthy economy, and a high standard of living; and WHEREAS, toxic pollution continues to plague our watersheds, lakes, rivers, and aquifers and threatens public health, drinking water supplies and the health of aquatic habitats; and WHEREAS, wetlands continue to be lost at an alarming rate within the United States and these wetlands are important resources that help maintain clean drinking water quality: and WHEREAS, it is the responsibility of local government, state government, and the national government, and of all American citizens, to provide for and to protect clean drinking water supplies for current and future generations; and th WHEREAS, 2004 is the 30 Anniversary of the Safe Drinking Water Act; which is the federal law that protects our nation’s drinking water sources, including lakes, rivers, and aquifers, and seeks to ensure Americans will enjoy clean and safe drinking water; and NOW THEREFORE, BE IT RESOLVED , that the City Council of Beverly, MA hereby recognizes the accomplishments and values of the Safe Drinking Water Act in helping to make our city/town a healthy, thriving, and vibrant community, and further that we commit to take the following actions in 2004 to better preserve and protect our drinking water supplies: · establish a drinking water supply protection committee comprised of citizens, representatives from citizens’ groups, neighboring communities, and local officials, and · support the creation of an Action Plan to implement recommendations made in the Source Water Assessment Plan, which serves as a road map for drinking water protection and helps address threats to our drinking water supply; and · request an annual update on drinking water protection measures taken and progress made on implementing the Source Water Assessment Plan in the Town Report; and · encourage the provision of Public Education to citizens and businesses on how they can help protect their drinking water supplies; and · promote the careful review of all development proposals in drinking water protection areas to minimize any potential adverse impacts on drinking water supplies; and · promote the careful review of local zoning bylaws/ordinances and general bylaws/ordinances to ensure they are fully protective of drinking water resources and make recommendations for changes to the bylaws/ordinances that will be included in the annual progress report; and hereby adopt this Pledge by vote of the City Council/Board of Selectmen: ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ date: ___________________ Refer to Public Services #187 Resolution Ruth Davis on turning 100 Motions and Orders: 88 #181 By Councilor Burke: Ordered: That no fewer than three “Slow – Children at Play” signs be installed on Simon Street, the location of which to be determined by the Beverly Police Dept. 9-0 Vote Recommend adoption of the order #182 By Councilor Guanci: Ordered: That the Council approve the enclosed ordinance relative to Weapons Refer to Legal Affairs #183 By Councilor Flaherty: Ordered: That the City Council adopt the enclosed rules and regulation of the City Council Referred to Committee of Whole #188 By Councilor Troubetaris: Ordered: That a Go Slow Children sign be place on the Lower end of Greene Street. 9-0 Vote Order read once and adopted Meeting adjourned: 9:45 PM Frances A. Macdonald, CMC City Clerk 89