2009-06-01
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: Friday, October 02, 2009 11 :32 AM
To: minutes@beverlyma.gov
Subject: meeting
Regular Meeting
Beverly City Council 7:00, PM June 1, 2009
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 Nancy Roberts, Wife of Firefighter Paul Roberts
Public Hearings and Public Speakers:
7:00PM
7:05 PM
7:15 PM
7:25 PM
Renee Mary (Government 5 minutes)
Award Pat Zingariello
Mike Collins Demonstration
Public Hearing-Appropriation-Debt Service MBT A Garage
Refer to Finance and Property
8:00 PM Mayor Scanlon
Acceptance of Minutes:
Meeting of May 18, 2009
Appoi ntments:
Presentations, Awards and Memorials:
Resolution-Paul Roberts-Firefighter
Communications from His Honor the Mayor:
#86
June 1, 2009
Beverly City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
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That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8
Preparation of the FY 2009 - 2010 operating budget has been very difficult and uncertainties remain because of the lack of definitive
information from Boston. As currently constructed the General Fund budget grows by only $866,000 or less than 1 % from that of the fiscal
year ending June 30.
The single largest problem is the significant decrease in Local Aid from the State to the City which is certain for FY 2009 - 2010 although
its actual amount remains uncertain.
As many citizens know, Local Aid is the return by the State to the cities and towns of Massachusetts of a portion of the State's revenues
which emanate from the 351 cities and towns across the Commonwealth. It is common knowledge that State income tax receipts and
capital gains are down because of unemployment, stock market declines, etc. Thus State revenues are less than expected and the State's
ability to fund Local Aid is reduced.
Local Aid is in fact Beverly's second largest municipal revenue source, second only to real estate taxes. Yet as measured in actual dollars,
not to even mention inflated dollars, we have never regained the level of Local Aid distributed in FY 2001 and for the upcoming year we will
suffer a further large reduction in that aid.
At this time we have received four different budget estimate amounts from the State for next year's Local Aid. These are the Governor's
better (higher) number. The Governor's worse (lower) number. The House of Representatives number and lastly the Massachusetts
Senate number. In preparing the budget you have received tonight we have chosen to assume the Governor's worse budget which calls
for a cut in Local Aid of $2,200,000 below the original budget of the current fiscal year which will end shortly. Only the Senate budget
represents a greater cut than the basis we have chosen. It would lower Local Aid by an additional $400,000.
While employment levels on the so called city side of the budget have been carefully held down in recent years, the drastic reduction in
Local Aid demands that we look everywhere for possible savings. Thus, we have recently encouraged persons eligible for retirement in the
short term to make that election at this time. Some fourteen persons have chosen to retire as of this June 30th. Their pensions are in no
way affected by this decision but they will receive a one-time cash incentive for retiring this month.
While some of these people will be replaced, others will not and the impact on the General Fund, which is the core of the budget, is
favorable. In developing the budget our overarching goal is to fund a reasonable level of citizen services, similar to what has been provided
in recent years. To that end we have extended every effort to maintain the existence of those full time jobs which provide those essential
services. The budget as prepared achieves this objective but it will be useful for you to understand the detail and discuss any questions
you may have.
The first key to understanding next year's budget is to determine how the current fiscal year will end. In January our current year Local Aid
was cut by $711,000 thus requiring a cut in expenses of the same amount.
The school system and the city joined together in reducing expenses by $711,000. Particular attention was paid to restricting overtime as
much as possible. We expect to end the current fiscal year on budget for both revenues and expenses with, as you already know, the
proviso that the overrun in snow and ice brought about by the severe winter will be covered by the use of Free Cash once that has been
certified early in the new Fiscal Year.
I wish to describe for you specifically how the budget deals with a number of important areas including schools, fire, public services, police
and library, but before doing so let me discuss a number of revenue related issues.
Because of the drastic cut expected in Local Aid it is important that we find additional revenues. One source of intense pride to me is the
progress Beverly has made with recycling and the resultant significant drop in trash tonnage delivered to the incinerator at Resco because
of the terrific efforts of Beverly citizens across the entire community. Tipped tonnage was reduced from 18,326 tons in calendar 2005 to
14,224 tons in 2008, a reduction of more than 4,100 tons annually and on top of that every month thus far in 2009 has seen improvement
over the corresponding month in 2008. While every dime collected by the trash fee has been and will be used for just that purpose; i.e., for
trash services, it is true that we have a positive balance of approximately $1.25 million in the Trash Enterprise Account largely due to our
recycling success. This balance presents the possibility of a reduced transfer of funds from the General Fund to the Trash Enterprise
Account in the coming fiscal year.
I would not normally recommend a reduction in the transfer of funds from the General Fund to the Trash Enterprise Account for operating
expense purposes. The reduced transfer of $300,000 per year will have the effect of reducing the current balance while further recycling
gains will serve to increase the balance in that account. Fortunately, however, we have at this moment an opportunity to soon save a
similar amount of money annually by joining the regional dispatching project now underway in Essex County. This effort will lower our
costs while increasing service levels and productivity. It is a powerful example of a regional opportunity made possible by tremendous
advances in technology. Under separate cover, I have requested tonight your approval to negotiate to join this regional dispatch project
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which has been studied extensively and which our Fire Chief Richard Pierce has participated in closely over the past four years since the
inception of the idea. For these reasons we have included a reduction of $300,000 in the General Fund transfer to the Trash Enterprise
Account in the budget. The impact of the reduction is to raise available funds for other purposes by $300,000.
One last comment on revenues. The budget as prepared does call for $240,000 of Free Cash to be appropriated for operating revenues.
Let me now speak to the major service areas within the budget.
The largest of these is of course the school budget, which was recently unanimously approved by the school committee. The approved
budget protects class sizes within previously established ranges while protecting existing programs and provides for slightly over
$44,000,000 in city support including Chapter 70 aid plus an additional $1,875,000 for the North Shore Vocational High School.
Elsewhere in the operating budget you have received tonight is $1,950,000 in debt service payments reserved for the major high school
renovation project now underway and essential to protecting our High School accreditation.
The source of the $1,950,000 is threefold. The first piece is expired debt service on previously bonded projects in the amount of
$1,000,000 plus the $500,000 in new growth from the expiration of the Cummings TIF which had been advanced to the school system in
recent years but now will be used to pay for the High School project. To these amounts we add the increase in annual State
reimbursement of $450,000 on the elementary schools which resulted from the completion of the final construction audits on those
schools. The good news is that the $1,950,000, while budgeted will not be needed in its entirety this year because the High School project
was delayed in its commencement beyond the scheduled starting date by bid protests and other issues.
We estimate actual debt service of not more than $500,000 in the coming fiscal year. We recommend that $850,000 of the $1,450,000
balance be set aside for important one-time expenditures and that the remaining $600,000 be placed in a Stabilization Fund for the future
debt service payments on the High School.
The $850,000 in one-time expenditures would be as follows: $500,000 for public service replacement vehicles and equipment; $250,000
for retirement incentive and separation costs; $30,000 for a sophisticated fast calling telephone service allowing us to communicate rapidly
with every home phone and cell phone throughout Beverly in the event of an emergency, a pending snowstorm or other matter and
$70,000 for half the cost of a badly needed replacement Harbormaster vessel to deal with emergencies and other on-the-water duties. The
other half would be financed from the Waterways Improvement Funds.
Moving now beyond the school system, let me discuss the Fire Department, which has or will soon be undergoing several retirements as
well as suffering the very untimely death of a firefighter. We will replace staff within the department sufficient to man an engine in each of
our three stations at all times, as is our current practice. Arriving on the scene shortly will also be a new fire engine, keeping good on our
promise to always have modern dependable equipment.
Within Public Services we will replace staff to fill the losses due to retirement and a resignation. It is essential that we be able to provide
citizen services. As you know, some Public Service positions fall within the General Fund while others are part of the Water and Sewer
Enterprise account. The budget calls for reasonable levels of overtime throughout the new fiscal year. As you know, these efforts have
been reduced in recent months by the cut in Local Aid imposed on us in January of 2009. We have also raised the Snow and Ice budget
to $500,000. On that point, the replacement equipment discussed earlier in this note will further aid productivity and reduce equipment
maintenance costs.
The Police Department budget is perhaps the most problematic. The budget as presented calls for level staffing. Chief Ray has applied for
a federal stimulus grant which would fully fund four officers. We expect an answer on this application during the summer but we cannot be
certain of approval nor of acceptable grant conditions. The impact of the grant is not included in the proposed budget.
Chief Ray has also pledged to make every effort to hold down overtime to modest levels sufficient to balance the budget although no one,
including the Chief, can predict the future and the absence of emergencies. His overtime budget closely mirrors actual expenditures in
recent months.
There are also many questions at this time regarding the Quinn Bill and the outcome of those deliberations on Beacon Hill can have an
impact on the budget. As presented, the budget does not call for layoffs.
With great effort we have funded the Library sufficiently to maintain the current operating hours at both the Main Library and Beverly
Farms. Staffing on duty will be reduced at some times but the libraries will be open. Part-time hours have been reduced in the libraries and
in other areas throughout the City.
The budget as presented calls for 20/0 increases in salaries of union members who make up the vast majority of the workforce. We have
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concluded negotiations with several unions on that basis including the teachers' union, the largest single group. In return those unions
have agreed to increased co-pays by employees for doctors' office visits and emergency room visits. Office visit co-pays will rise from $5
now to $10 and then $15 over two years and emergency room co-pays will double from $25 to $50 in the new fiscal year.
While the entire budget is tight I have included $1,000 increases each for the 25 non-union City side workers whose medical costs will rise
based on the new higher co-pays along with the increase in their general cost of living. It is important to remember that every employee in
the school system is covered either by union contract or a personal services contract while the 25 people on the city side mentioned above
are not. Not making this modest change would result in this small group receiving nothing while union employees all receive raises. I
believe strongly in consistent treatment and a motivated workforce. As you likely know, our city side staffing ratios per 10,000 citizens
compare very favorably with any other city in our region.
Lastly, as you all know we have over the years made major improvements in our storm drainage systems. The Chase Street project was
the first. That was followed by the Lawrence Brook project. Then came the Chubbs Brook project and then that of Raymond Farms and
now we are well along with the North Beverly Brook project. We have also made major improvements in our ability to back feed water to
homes and businesses in the event of an outage. Naturally, all these improvements have a cost and the water and sewer rates will
necessarily rise by 3.90/0 for the next fiscal year. The good news is that we are nearly at the end of the major storm drainage projects.
I should add that the Senate version of the FY 2009 - 2010 budget does call for Local Option taxes on meals. If enacted the resultant city
revenues would ease pressure on our budget. I have not included any revenues from this source for several reasons. Presently the House
of Representatives and the Senate are in Conference Committee to resolve differences. The House budget is far more favorable to cities
and towns than that of the Senate. I believe that the development of a compromise position by the Conference Committee will not occur
until late June. I believe it is more likely that Local Aid will improve from the assumptions underlying our budget made herein than that it will
further decline but I cannot be certain.
I look forward to discussing this budget proposal with the Council in greater depth.
Thank you.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#87
June 1, 2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The City of Beverly operates two distinct dispatching systems, one for police, the other for fire. I am advised that across the State of
Massachusetts there are over 200 dispatching systems whereas both California and New Hampshire operate with a handful.
The State of Massachusetts is intent on modernizing its approach to dispatching and to begin the implementation of that concept has made
a grant of $6.8 Million to create a centralized emergency dispatch call center to coordinate dispatching for 13 communities in Essex County
including Beverly.
Centralized dispatching is conceptually sound made possible by huge advances in technology. It will provide better service and better
productivity at lower cost.
In Beverly's case we use uniformed police officers as dispatchers, but we have the right to use civilians. We can through attrition take
advantage of the lower cost of civilian dispatchers without laying off police officers. We are confident that there are significant savings to
be enjoyed in an amount in the order of $300,000.
I have attached a letter authored by the North Shore Coalition of Mayors and Town Managers of which I am the current Chair. You will
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note that sixteen of these municipal officials have endorsed this concept.
The time is now. The opportunity for effective regionalization is here. I ask you tonight for your approval of this concept by adopting the
attached resolution which has been approved by the City Solicitor. Thank you.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#88
June 1, 2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Please take the action recommended in the attached letter from John Dunn which describes the proper means for substituting Federal
funds for State funds for certain school budget costs in the current fiscal year.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
Communications from Other City Officers and Boards:
Communications, Applications and Petitions:
#89
Beverly Farms - Prides Crossing 4th of July committee request to hang banner over West Street in June
-
Permission Granted 9-0 Vote
#90
Communication from Chief of Police Mark Ray relative to applying for Grant from Dept. of Justice, Edward J. Byrne Grant-Local Solicitation
Receive and Place on File
Regorts from Committees:
#86
10/5/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of 2010 Budget 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 Monday, June 22, 2009 at 8:00 PM, in Council
Chambers, Third Floor, 191 Cabot Street, Beverly, Ma relative to the 2010 Fiscal Year Budget.
First Passage:
Public Hearing:
Final Passage:
June 1, 2009
June 22, 2009
June 25, 2009
Order read once and adopted 9-0 vote
#88
The Committee on Finance and property / Committee of the Whole to whom was referred the matter of
substitution of funds have considered said matter and beg leave t 0 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 Monday, June 22, 2009 at 7:50 PM, in Council
Chambers, Third Floor, 191 Cabot Street, Beverly, Ma relative to the proper means for substituting Federal funds for State funds for certain
school budget costs in the current school budget costs in current fiscal year.
First Passage:
Public Hearing:
Final Passage:
June 1, 2009
June 22, 2009
June 25, 2009
Order read once and adopted 9-0 vote
#44
The Committee on Legal Affairs to whom was referred the matter of Ordinance Offenses and Miscellaneous Provisions, Article I, in
General have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended ordinance and recommend its adoption
In the year two thousand and nine
An Ordinance amending an ordinance entitled OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE I. IN GENERAL
Be it ordained by the City Council of the City of Beverly as follows:
Amend Chapter 15 of the Revised City Ordinances by adding Sections 15-34, 15-35, 15-36, 15-37, and 15-38 as follows:
Sec. 15-34. Vehicle Repairs. Testing. and Operation
No person shall operate, repair, or test any motor vehicle or motorcycle in such a manner as to cause a noise disturbance, i.e. in a manner
in violation of G. L. Chapter 272 953.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100 and for any subsequent offense to
a fine of $150.
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Sec. 15-35. Definition-Sound-Producing Equipment.
For the purposes of Sec. 15-36 through 15-39 hereafter sound-producing equipment shall mean any musical instrument, radio, music
player, boom box, tape cassette, disc player, television, audio system or any other similar type of device for the creation or reproduction of
sound.
Sec. 15-36. Sound-Producing Equipment: General Prohibitions: Penalties for Violations
No person shall operate any sound-producing equipment upon any public or private property in the City in a manner or at a volume as to
disturb the quiet, comfort, or repose of other persons, i.e. in a manner in violation of G. L. Chapter 272 953. This section shall apply to all
establishments operating with an entertainment license. This section shall not apply to organized events that have received a valid permit
from the City for such event.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, and for any subsequent offense to
a fine of $150.
Sec. 15-37. Sound-Producing Equipment in Motor Vehicles or Upon Motorcycles
No person shall operate any sound-producing equipment in a motor vehicle or upon a motorcycle or similar vehicle at such volume as to
disturb the quiet, comfort, or repose of other persons, i.e. in a manner in violation of G. L. Chapter 272 953.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, and for any subsequent offense to
a fine of $150.
Sec. 15-38
Loud Parties/Music on Residential Premises
No person shall play any sound-producing equipment upon residential premises in a manner or at a volume as to disturb the quiet, comfort
or repose of neighboring residents, i.e. in a manner in violation of G. L. Chapter 272 953.
The landlord or owner of the premises, if not among the offenders, shall receive notice of the offense.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, for a second offense to a fine of up
to $150, and for any subsequent offense to a mandatory fine of $200.
Ordinance to take effect upon passage.
Ordinance read once and held for final passage as per charter provisions 9-0 Vote
#80
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for Amusement Device License
- Italian Community Center 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
#79
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter Roma Ventures II, Inc. lease have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying amended order and recommend its adoption
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Ordered That the Mayor be and the same is hereby authorized to sign the enclosed Airport Lease Agreement with Roma Ventures II, Inc.
as per the request of the Beverly Airport Commissioners amended at the request of the City solicitor in a letter dated June 1, 2009.
changes will be made by the City solicitor
Order read once and adopted 9-0 Vote
#77
The Committee on Public Services / Committee of the Whole to whom was referred the matter of relocation of drainage easement CVS at
Elliott and Rantoul Streets 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 the enclosed "Agreement to Relocate Drainage Easement" for
property located at the corner of Elliott Street and Rantoul Street.
Order read once and adopted 9-0 Vote
Unfinished Business:
#17 Ordinance Public Works Trash Removal and Disposal Service Fee 7-2 Vote Martin & Burke Against
Motions and Orders:
Meeting adjourned: 9:35 PM
Frances A. Macdonald, CMC
City Clerk
10/5/2009