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20241227085406797 Legal Affairs/City Council Committee of the Whole Meeting Minutes Monday, March 25, 2024, 7:00 PM City Council Committee Room, 3Id Floor, Beverly City Hall, 191 Cabinet St. nrn Houseman called the subcommittee meeting to order at 7:00 PM rn cl$ Members present:Todd Rotondo, Scott Houseman M-< �t Also present: Matthew St. Hilaire, Danielle Spang, Stephen Crowley Houseman called order committee of the whole > nrnm nc,)= Also present: Stephanie Williams, Darlene Wynn, Erin Schaefer N Mv� m Rotondo stated he filed a 26 B3 disclosure with the clerk's office regarding Order#067. He answered Houseman's question that he thinks he can render an unbiased judgment on the matter. Discussion Order#34 Houseman held this order. Order#64 and Order#65 Houseman indicated no new additional information has been received by the subcommittee regarding issues related to these two orders.Accordingly, Houseman held both orders, Order#098 Houseman asked if there were any questions or comments about the appointments to the Economic and Community Development Council. There were none and Rotondo made a motion to approve the order, Houseman seconded the motion. Upon three separate votes, one each for the three nominees, in each case, all present voted in favor, and the order was passed. Order#099 Houseman asked if there were any questions or comments about the appointment of the Beverly Chamber of Commerce representative to the Economic and Community Development Council.There were none and Rotondo made a motion to approve the order, Houseman seconded the motion. Upon a vote, all present voted in favor, and the order was passed. Counselor Feldman arrived at 7:04 PM Order#067 Houseman invited discussion and questions from subcommittee members. Rotondo asked whether we should discuss sidewalk sandwich board signs separately from overhead signs.Williams answered this is an omnibus filing that covers sandwich board signs, sidewalk dining furniture, and alcohol served on city sidewalks. Williams stated all three areas were related and it made sense to address them together. There was amongst Williams, Rotondo, and Wynn about various aspects of how these components related to each other, and about the application components and process for restaurant owners to get permission under the proposed new ordinance. Rotondo discussed his experience as a restaurant owner and how that informed his insight and the issues he was raising about how the process would work, Assistant solicitor Jesse Williams arrived at 7:15 PM. He answered some questions raised about the requirement for the licensing board to approve applications for serving alcohol on city sidewalks. Houseman stated he had listened to concerns raised by Rotondo at the last subcommittee meeting and had two suggestions about how City Council could retain some authority over these matters without being involved in the application review and approval process. He stated his opinion that those were administrative matters which could be handled by the planning staff and other city offices adequately. Houseman suggested that the Council could be involved in revoking a license should there be a violation issues and could require a list of permit issued be provided to it by the planning department on a quarterly basis. Rotondo indicated he did not think quarterly reports would be necessary. A lengthy discussion took place amongst Rotondo,Williams,Wynn in particular about potential operational issues including around hours of operation, noise affecting neighbors,the placement of trash receptacles on the sidewalk,or not, use of umbrellas that may have branding names or logos on them. Counselor St. Hilaire asked about the appropriate role for city Council to review various licenses that come before the legal Affairs Subcommittee. He asked if it is decided these types of licenses should not be reviewed by the Council whether a variety of other licenses the Council reviews would be next. Williams stated that most if not all of the other licenses Council reviews and approves are statutorily required by state law.There was additional discussion about this. Discussion ensued about a role for the City Council to be involved in revoking a license where violations of the license could not be resolved at administrative level. Houseman observed it would provide City Council oversight and a degree of due process for license holder not presently included in the proposed order.There was general agreement this would be an acceptable and advisable amendment. A motion was made to approve the order with an amendment striking the existing sentence about permit revocation in subsection C and replacing it with a new sentence at the end of subsection C that reads:The City Council may revoke any permit for failure to comply with the terms and conditions of the permit,this section, or any other rule, regulation, or law." Upon a vote, all subcommittee members present voted in favor, and the order was passed. Order#1d1 Houseman observed no members of the Human Rights Committee were present. He stated he had spoken with a current member who was unaware of the proposed amendment to the ordinance for the committee and he was of the opinion the subcommittee shouldn't vote on the order without hearing from committee members. Rotondo stated the legal affairs committee from the last term did have a healthy discussion on the subject and along with Williams talked about several aspects of that discussion.William reported a recent meeting of that committee included discussion of changes the committee would like to see. Houseman held the order. Motions made to adjourn Committee of the Whole and the subcommittee were made and passed.The meeting adjourned at 7:47 PM.