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2008-10-06 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of8 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, October 07,2008 10:59 AM To: minutes@beverlyma.gov Subject: 08.oct6.doc Regular Meeting Beverly City Council 7:00, PM October 6, 2008 Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty Pledge of Allegiance to the Flag: Led by Councilor Grimes Public Hearings and Public Speakers: 7:00 PM Fred Hopps re Clean Energy Advisory Committee 7:05 PM George Binns-Schools 7:15 PM #213 Public Hearing Settlement from Verizon Refer to Finance and Property 7:20 PM - #208 Public Hearing Loan Order Beverly Golf and Tennis Refer to Finance and Property 7 :45 PM #207 Public Hearing Zoning-Waterfront Refer to Legal Affairs and Planning Acceptance of Minutes: Meeting of September 15, 2008 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #219 September 29, 2008 10/10/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Please vote to approve the transaction outlined in the attached letter from John Dunn, Director of Finance to lease the type "C" 71 passenger bus from O'Connor Motor Company. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Finance and Property #220 October 6, 2008 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: It is my distinct pleasure to join you tonight to advise you that MSBA has agreed to reimburse Beverly for its High School project on the basis of a total cost not to exceed $81.5 million at a reimbursement rate of 56.420/0. This news is the result of an extensive meeting held last Friday afternoon at MSBA headquarters in Boston. Finance Director John Dunn and Owner's Project Manager Tom Ellis of Heery Corporation joined me at that meeting. Katherine Craven, Executive Director of MSBA and several others from her staff were present. In addition to the 56.42 reimbursement percentage our project will be audited upon completion and based on the certification of the "Green School" elements which have been incorporated in our design by the Massachusetts Technology Collaborative, Beverly will be eligible for another 20/0, an amount of more than $1.6 million in additional reimbursement. When all these factors are included, the entire project is expected to net out at a cost of approximately $33.7 million to the City of Beverly. After factoring in the $1 million in cash we transferred into the High School capital project, the maximum amount of debt to be issued will be $32.7 million, only $200,000 above the amount the Council voted in February of 2006. We ask that you set a public hearing for two weeks from tonight to appropriate the $81.5 million sum. A copy of the proposed amended loan order is attached. John Dunn and I will give you further information on sources of finances and funds from which to pay the debt service at your Committee of the Whole meeting next Tuesday. Significant sources will include $1,000,000 in current debt service being retired and replaced with an equal amount of school debt service. In addition, funds from the State in excess of budgeted expectations on elementary school reimbursement, redirection of the $500,000 currently in the School operating budget on a temporary basis and the employment of the poles and wires tax funds coming to the City as a result of the recent Department of Revenue decision will add to an amount totaling in excess of $2,000,000. Detailed financial figures will be available in greater detail next Tuesday at the Committee of the Whole meeting. John Dunn and I will both be present to discuss this matter. I trust you join me in being quite pleased with the completion of the lengthy negotiations with MSBA. Very Truly Yours, William F. Scanlon, Jr. Mayor Refer to Finance and Property Communications from Other City Officers and Boards: 10/10/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of8 #170-A Communication from Planning Board relative to discussion on Pork Chop Shaped Lots and their discussion on the matter Refer to Legal Affairs #221 Communication from R. Benevento-Chairman Parking & Traffic Commission relative to sending correspondence to Chairman, Secretary and Traffic Safety Officer Refer to Legal Affairs #222 Call for election of November 4, 2008 Receive and Place on File #223 Comm. from Recreation Director request to waive Ordinance re Alcohol in Public building for Fund Raiser for Lynch park Carriage House on December 9, 2008 at the Beverly Senior Center. Refer to Legal Affairs #224 Clean Energy Advisory proposal Refer to Public Services Communications, Applications and Petitions: #225 Application for Petroleum Storage 449 Cabot Street Refer to Legal Affairs #226 Request to waive alcohol Ordinance for occasion at Beverly Farms Library October 25,2008 Refer to Legal Affairs #227 10/10/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of8 Application for Auctioneers License-Frank Kaminski (Annual License) Refer to Legal Affairs #228 Request to have sidewalk at 67 Bridge Street repaired. Refer to Public Services #229 Application to sell Christmas Trees Susan Powell, Ryal Side Cafe, 119 Bridge Street Refer to Legal Affairs #230 Request for Zoning Change 140 Brimbal Ave. Assessors Map 55, Lot 29 and Lot 30 Refer to Legal Affairs and Planning Department Regorts from Committees: #178 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Capital Expenditure Plan 2009- 2018 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 #195 The Committee on Finance and Property to whom was referred the matter of The Mayor's Annual Report 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 #213 The Committee on Finance and property to whom was referred the matter of Appropriation settlement from Verizon and appropriation for Crossing Bells 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 of $95,584.40 from a settlement from Verizon Cellular. $35,000 to the highway division for railroad grade crossing safety improvements and the balance of $60,584.40 to the Mayor's 10/10/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of8 Reserve for Unforeseen account. First Passage: Public Hearing: Final Passage: Sep. 15,2008 Oct. 6, 2008 Oct 6, 2008 Order read once and adopted 9-0 Vote #216 The Committee on Finance and property to whom was referred the matter of request Powers and Sullivan Financial Report 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 #219 The Committee on Finance and Property to whom was referred the matter of School Bus lease 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 be and the same is hereby authorized to sign a contract with O'Connor Motor Company, Portland, Maine for a five year lease/purchase transaction for one "C" 71 passenger bus for the School Department. Order read once and adopted 9-0 Vote #220 The Committee on Finance and Property to whom was referred the matter of Loan Order BHS 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 of the city of Beverly will hold a public hearing on October 20, 2008 at 7: 15 PM in Council chambers, third floor City Hall relative to the enclosed loan order for Beverly High School funding That $16,500,000 is appropriated, in addition to the $65,000,000 previously appropriated, for constructing, equipping and furnishing a new high school, including the cost of architectural services for plans and specifications related thereto; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance is authorized to borrow $81,500,000 under Chapter 44 of the General Laws, Chapter 70B of the General Laws or any other enabling authority; and 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. First Passage: Public Hearing: Final Passage: Oct. 6, 2008 Oct. 20, 2008 Oct. 20, 2008 Order read once and adopted 9-0 Vote #26 10/10/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication re Train Whistles 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 #73 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for Municipal Street License - Pantages Transit have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted 9-0 Vote #205 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for a Class II MVDL Detour Motors, 81 Rantoul Street have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted for 24 Cars with lined parking spaces Order read once and adopted 9-0 vote #214 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of waiver of alcohol 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 Section 15-10 of the City Ordinance relative to consumption of alcoholic beverages in public buildings (Beverly Public Library) as per the request of Patricia Cirone, Library Director for a fund raiser for the Bookmobile on Saturday October 25,2008. Order read once and adopted 9-0 Vote #226 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of waiver of alcohol ordinance have considered said matter and beg leave to report as follows, to wit 10/10/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f8 Submit the accompanying order and recommend its adoption Ordered: That the City Council waive Section 15-10 of the City Ordinance relative to consumption of alcoholic beverages in public building (Beverly Farms Library) as per the request of Margaret Thorndike for an Artists Reception on October 7, 2008. Order read once and adopted 9-0 Vote #209 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Constables Nancy Cicci and Alfred DiFronzo have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointments Order read once and adopted 9-0 Vote #210 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment - Commissioner of Public Services, Public Works and Engineering - Michael Collins 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 #211 The Committee on Public Services/ Committee of the Whole to whom was referred the matter of Appointment Constable Donald Famico 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 #218 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Crosswalk at Opal Ave and Green Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That a crosswalk be located between Opal Avenue and the end of Green Street as many relocated children from the McKeon School are now walking to Ayers Order read once Referred back to committee on Public Services 10/10/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f8 Unfinished Business: #171 Ordinance Financial Forecasting Committee #199 Ordinance MV & T Obedience to isolated stop signs Princeton @ Nursery Motions and Orders: #231 By Councilor Flaherty: Ordered: That Steve Cohen be appointed as the City Council Citizen appointment to the Financial Forecasting Committee Refer to Finance and Property Meeting adjourned: 9:50 PM Frances A. Macdonald, CMC City Clerk 10/10/2008