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Charter review Board Meeting Minutes-April 15th C 17,Y r,� ������� CITY OPBEVER[Y PUBLIC MEETING MINUTES APR _3R A y� �� �� Committee: Char�r��ewCommit�e DATE: April 15, 2021 � LOCATION: Virtual Meeting - BOARD MEMBERS PRESENT: Stacy Ames, Hannah Bowen,Julie DeSilva RjchandDinNn, � Timothy Flaherty, Michael Pindano BOARD MEMBERS ABSENT: Paul Guano|, Gerry Perry � RECORDER: ShadyneVVoodbury Others present: Lisa Kent, City Clerk; Charles Grimes; Estelle Rand,Vice � President, Ward 2; Kim Allyn; Kris Silverstein; Rachae|AbeU, , School Committee President; Brendan Sweeney,Assistant City Council Appointee(s): Chairperson and City Councilor-at-Large Timothy Flaherty; Ward Councilor Stacy Ames Mayoral Appointee(s): Paul Guand, City Council President-et-|ar0e By Ordinance: ExOfOdo` Gerard Perry 1. Opening Remarks This meeting is held in accordance to special meeting format as required to honor Governor Baker's State of Emergency declared due tothe national crisis ofCUV|D-19. Chair Flaherty calls the meeting to order at 7:05 p.m. Flaherty reviews public hearing protocol and � procedures. Bowen asks if the 3-minute time limit per public speaker may be extended since there are few people, Flaherty will consider and make allotments for extended time. � Flaherty moves to begin the Public Hearing. Ames seconds.The motion carries 6'O � . � Flaherty opens the floor tm public comment. � — Public Comments a. Kris Si 44Lon�o�e�dovv�oad, 8ev�d�01AO191S � _-_— � Silverstein introduces herself and provides her background. She formerly served on the school committee and has been following the meetings and minutes. Silverstein offers thoughts and ideas to the committee. Silverstein encourages increased term limits for both the mayor and the school committee; reinstating at-large positions for the school committee; increasing the school committee membership; alternating election cycles; review the compensation for both city councilors and the school committee members; and increase the compensation for the school committee members. Following up with her suggestions Silverstein explains at-large positions would be e benefit tothe city. Addressing the increased term limits Silverstein believes the 2'yemr term limit handicaps new members. | It's a burden on the learning curve in addition to continuous campaigning simultaneously. Proposes a 3- yearterm. Mentions other cities and municipalities alternate elections to avoid all new committee members in the same year, It's helpful to have experience on the committees. Addressing the increase | | � Charter Review Committee Public Hearing April 15,2021 Meeting Minutes Page 2 of 4 in mayoral terms, Silverstein makes the case the majority of cities it is most common for the mayor to have a 4-year term as opposed to a 2-year term. Need time to allow visions and goals to come to fruition. Finally,Silverstein encourages the committee to think about the compensation for school committee members and city councilors. Suggests diving the whole pool of money between city council and school committee members evenly, with each committee president making slightly more. Presenting for increased school committee member compensation. Silverstein argues those members meet more frequently than city councilors and have a heavy work load for the expectations of their city government role and per their constituents. Flaherty responds to Silverstein's suggestions. Flaherty provides a brief explanation of why 3-terms are not possible and defers to Charles Grimes to expand upon the topic. Flaherty explains the finances for school committee earnings are at an ordinance level not a Charter level. When the Charter was last reviewed the members at the time were ok with the compensation break down. Flaherty notes that times have changed and this might be worth further review in a different appropriate setting. Charles Grimes briefly introduces himself, his background, and expounds upon the topics. Grimes explains the problem with 3-year term is the arithmetic for municipal elections held the same year as state elections.Joint elections for state and municipal are prohibited by state law. With 3-year terms every so often a municipality will run into the election cycle at the same time as a state election. Therefore, this is not a feasible option. Grimes suggests maintaining the 2-year terms or increasing to 4- year terms. In regards to changing the mayoral terms,that can only be proposed by an elected Charter commission. Grimes offers personal perspective. He was an advocate for 4-year mayoral terms during the 1990s Charter review, however; he changed his mind and believes the 2-year term is sufficient for mayor. Grimes agrees with the constant contact for constituents. b. Charles Grimes, 116 Rantoul#310, Beverly MA 01915 Grimes has additional comments to the above. First noting, he will send documents to the committee for additional review via Lisa Kent. Grimes believes the Charter is well crafted in its current form. However; he believes there are some areas that are misconstrued or areas deserving of another look. Beginning with the consolidation of power under the mayor, Grimes has noticed the gradual erosion of power of the city council.Ambiguities in the document have been repeatedly exposed and abused by the executive branch over time. Grimes details the incidents in which this occurred and is adamant these ambiguities be addressed. Areas of concern are the appointment of particular employees, such as the Budget Analyst.The concern over time with appointed employees it has become a clear conflict of interest in whom these appointees work for and answer to. It appears as if positions under the legislative purview over time have migrated via ambiguities under the authority of the executive branch. Grimes believes recent city solicitors have misinterpreted the Charter ambiguity. Grimes advocated for independent legal advice for the city council. Another key area of concern has been the deadline for the budget. Grimes argues there should be 60 days for budget submission and review per state law.Another budget area concern is the school committee budget. Grimes points out the city council can increase the school budget above the executive proposed line item with 2/3 vote so long as the rest of the budget remains in balance.The school committee is permitted to submit whatever is needed for the maintenance of the school system. After, the mayor will have 3 weeks to figure out the budget. Suggests changing the Charter language to correct the ambiguities in text interpretation. Charter Review CmnuniUee Public Hearing April \5,202i Meeting Minutes Page 3of4 The Charter requires the mayor submit a capital improvement plan. Grimes suggests the committee add language to the Charter to give the constituents some idea uf sequence of how road work improvement works. Lastly Grimes speaks to the organization of city agencies. Grimes reviews the two methods to allow the managerial talent of the mayor to decide how the agencies should be organized. In recent times there have been some conflict of law arisen as to which body oversees and controls the � appointments and functions. Grimes recommends the most recent legislation enacted controls the language,That when either an ordinance io changed or code ischonoedLhereisexpUdt |an8um�eauto ~— | what is being changed and to what document. Would like to be clear as to what law is governing at all / times. c Nochae|Abell, 18 Echo Ave, Beverly KAAD1815 � Appreciates Kris Si|verstein's sentiments and agrees with her remarks.Abell offers supporting comments reiterating the steep learning curve of new members in additions to the responsibilities involved for � � such a short term. Abell encourages the Committee to sharpen the language in the Charter in comparison with state law; noting a difference between "General"vs "general".At the request of � Flaherty Grimes goes over the 3-year term conflict again. MA state laws prohibit a municipal election the � same year as state elections.The arithmetic does not work out in favor of municipal elected 3-year terms. d. Brendan Sweeney, 19 Federal St, Beverly Kn8n1915 � � There is a provision of state law if you change the composition must be through an elected � � body/conn mission. Provides hyperUnkin the chotroom. 313 3. Committee member's comments: Members weigh inon the comments presented.They understand the frustration of accessing meeting � agendas and minutes.The city website is currently under construction. Rand confirms the public access � � to meetings, materials, Goog|e meet links, agendas, and minutes are frustrating. DeSikm comments on the section for Budget Analyst believing it's well written, it's a strong city council role, and it's clear to � understand the roles and functions detailed in the Charter. Grimes echoes DeSilva's comments and addresses issues with the city solicitor's interpretation of the Charter language for the budget ana|yst � . � Ames and Grimes further discuss the budget analyst and outsider auditor as defined bv the Charter, Grimes believes the Charter is absolutely clear the budget analyst role refers to the purview ofthe council and is not specifically the administration's person. The members discuss capital improvement noting they did not have enough discourse on the topic. DeSilva agrees with prior comments to have specific language for road/capital improvement. Finally, as a matter of housekeeping, Grimes suggests preserving minutes on archival paper for future committees to refer back to. Grimes also notes per the at-large positions the committee should follow up on the specifics for future opportunities to create said positions. There being no further comments or discussion. No further action required et this time. � 4. | Bowen comments on the future agenda items to discuss what topics to return to, and what changes to � recommend. Bowen advises to keep an eye on the city and where it's headed in the future anticipating � Charter Review Committee Public Hearing April 15,2021 Meeting Minutes Page 4 of 4 what the infrastructure is going to be like. Bowen proceeds to provide an outline for priority sections. Members also suggest in the final report differentiation where topics are grouped logically for segments where action is recommended and segments where the city has the ability to take immediate action with current legislative functions available. DeSilva seeks status on the Collins Center review process. Grimes weighs in with historical perspective and comments. Recommends reviewing prior committee's work and notes that Charters should be reviewed about every decade. There being no further comments or discussion. No action at this time. 5. New/Old Business None at this time. 6. Adjournment Flaherty adjourned meeting 8:00 p.m. Charter Review meeting April 21, 2021 at 7 p.m.