20221212 Legal Affairs Committee Minutes Estelle M. Rand-Chair -
Todd C.Rotondo
Brendan S. Sweeney
LEGAL AFFAIRS/CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES
Monday, December 12,2022, 7:OOPM
City Council Committee Room, 31d Floor, Beverly City Hall, 191 Cabot St.
Rotondo called the meeting to order at 7;00pm.
Members present: Todd Rotondo, Brendan Sweeney
Members absent: Estelle Rand
Other councilors present: Matthew St. Hilaire
Also present: City Solicitor Stephanie Williams,Assistant City Solicitor Beth Oldmixon
Order Date to Number Committee Description Action Taken
Councilor Houseman-Special Municipal Employees- Receive and place on
#259 11/14/2022 All board and commission members shall be file 2-0
designated as "Special Municipal Employees"
Councilor Houseman-Special Municipal Employees- Receive and place on
#259A 11/14/2022 Conflict of Interest disclosures filed with the Office of file 2-0
the Mayor
Mayor's response to Order 75A proposed amendments
#276 11/14/2022 to 1995 Beverly Home Rule Charter Hold
Proposed Zoning Ordinance Amendment of various
#279 12/5/20222 articles related to building heights and inclusionary Hold
zoning
Councilor Bowen-A letter regarding Accessory
#282 11/14/2022 Dwelling Units Hold
Appointment-Mr. Dylan Lukitsch, Economic Planner
#298 12/5/2022 to serve as the Planning Department representative on Approve 2-0
the Design Review Board
Reappointments-Ellen Hutchinson and Andrea
#299 12/5/2022 Toulouse to serve on the Beverly Planning Board Approve 2-0
Assistant City Solicitor Oldmixon-Updating Order
#304 12/5/2022 #014 of 2003 designation of special municipal Approve 2-0
employees
Discussion on Order#259 and Order#259A
Williams stated the filing and retention of disclosure forms is regulated by state statute. It may be a charter issue
if the Council created an ordinance stating what the mayor's executive assistant should do; the city clerk can
request information from the mayor's office on behalf of the council if needed.
Discussion on Order#304
Sweeney asked if this would need to be periodically updated.
Williams stated that would be a good practice and noted these do need to be voted specifically committee by
committee.
Oldmixon noted a few changes on the third page of Exhibit C.
Motion on Order#259 and Order#259A
The motion to received and place on file orders#259 and#259A was made and seconded. A vote was taken,
and the motion carried(2-0).
Motions on Order 4304
The following motion was made and seconded:
Any person performing services for or holding an office, position, employment, or membership in a
municipal department, office,board or commissions which is listed below, shall be classified as a
"Special Municipal Employee"under the provisions of Chapter 268A of the General Laws, effective
upon adoption of this resolution.
Any person holding two or more offices or employments in the city, any one of which is not classified
hereunder, shall be a"Municipal Employee"under the provisions of said statute.
Boards, Commissions and Committees not included in order 14 of 2003
Affordable Housing Trust
Award to Municipal Employees Committee
Beautification Committee
Clean Energy Advisory Committee
Community Preservation Committee
Comprehensive Rezoning Committee
Financial Forecasting Committee
Financial Resources Committee
Homecoming Committee
Human Rights Committee
Ordinance Review Committee
j Stormwater Management Advisory Committee
Trash and Recycling Committee
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Lynch Park Advisory Committee
Modification from order 14 of 2003 to include additional employees
Dental Clinics - Hygienists, Clinic Coordinator (2003 Order for only"Dental Clinic—dentists")
A vote was taken, and the motion carried (2-0).
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The following motion was made and seconded:
Any person performing services for or holding an office,position, employment, or membership in a
municipal department, office, board or commissions which is listed below, shall be classified as a
`Special Municipal Employee' under the provisions of Chapter 268A of the General Laws, effective
upon adoption of this resolution.
Any person holding two or more offices or employments in the city, any one of which is not classified
hereunder, shall be a `Municipal Employee' under the provisions of said statute.
Boards, Commissions and Committees renamed since order 14 of 2003 and included in this Order
for clarification
Beverly Housing Authority (2003 name"Housing Authority")
Beverly Waste Reduction Committee (2003 name "Solid Waste Management Committee")
Board of Assessors (2003 name "Board of Assessors of Taxes")
Board of Library Trustees (2003 name "Library Board of Trustees aka Trustees of the Public Library")
Board of Registrars of Voters (2003 name "Registrars of Voters")
Building and Other Facilities Planning and Construction Committee (2003 name "Permanent Building
Commission")
Cable Television Advisory Committee (2003 name"Cable TV Advisory Commissions aka Cable
Television Advisory Commission")
Cemetery Commission aka Board of Managers of Public Cemeteries (2003 name"Board of Managers -
Cemeteries aka Board of Managers of Public Cemeteries")
Emergency Management Department(2003 name "Beverly Civil Defense Department aka Civil
Defense Advisory Council aka Emergency Management Agency")
Essex North Shore Agricultural and Technical School (2003 name "North Shore Regional Vocational
School District")
Industrial Development Finance Authority (2003 name "Industrial and Commercial Development")
Open Space and Recreation Committee (2003 name "Open Space and Recreation Commission")
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Parks and Recreation Commission(2003 name"Parks and Recreation Committee")
Veterans Advisory Committee (2003 name"Veterans Memorial Advisory Committee")
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Zoning Board of Appeals (2003 name "Board of Appeal -Zoning")
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A vote was taken, and the motion carried (2-0).
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The following motion was made and seconded:
The following which were included in order 14 of 2003 are no longer in existence or position is
now a full time employee and are now excluded from special municipal employee designation
under the provisions of Chapter 268A of the General Laws, effective upon adoption of this
resolution.
Beverly Partnership
Emergency Medical Services Commission
G.A.R. Hall Commission
Inspector of Animals
North Shore Recycling Committee
A vote was taken, and the motion carried (2-0).
Order#298
The motion to approve was made and seconded. A vote was taken, and the motion carried (2-0).
Order#299
The motion to approve was made and seconded. A vote was taken, and the motion carried (2-0).
Sweeney asked about the process regarding Order#279.
Williams stated the Planning Board will give a report back.
Rotondo asked what the time frame is once the Planning Board reports back.
Williams said statute state that if the does not Council act within ninety days of the original filing, then the
Council would need to hold another public hearing.
The motion to adjourn was made and seconded. The meeting adjourned at 7:21pm.
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