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2000-01-11To: Beverly Chaffer Revision Commission Members From: Jack Quigley January 11,2000 Re: a. New meeting date Wednesday, January 26, 2000 b. Overview of first meeting and public hearing c. Suggested procedure for legal/historic review d. Ethics Conunission opinion Now that the holidays are over, I think it a good idea to bring you all up to date on our current status, potential plans and some observations about the first meeting and the hearing. Please note that an interim meeting has been scheduled for Wednesday, January 26, at 7:30 PM at City Hall to address several issues and concerns tbat have arisen since our last meeting. An agenda for this meeting will be mailed out by January 17. First Meeting: November 30, 1999 At our initial meeting we elected officers, the majority reiterated its sole objective, by voting in the affirmative to limit the Commission's deliberations to questious concerning regaining access to West Beach for all Beverly Citizens. This includes deliberations both pro and con. I believe we all knew the position of the majority prior to the election of officers. Indeed, the majority members worked very hard and very publicly to open the chaffer and to win the right to choose officers for this commission. The minority will be heard throughout this process, as is their right but it is the first rule of a democracy that the majority has the right to make the decisions for the whole. To do less now would be a breech of the good faith invested in us by the voters of Beve~y. The Public Hearing The public hearing, required by law, was held December 15th. The event was video taped, the equipment was loaned by Media One and a volunteer did the taping. This tape has been shown on Media one. I did not see it nor do I have a copy, but copies should be available from Media One. The public hearing was also audio taped and a copy of this tape will be available by January 17. I have enclosed a rough draft of the hearing notes/minutes of the public hearing. The corrected version of the heariug minutes will be sent out after Mrs. O'Brien returns from vacation January 15th. Minutes of the first meeting were previously sent out to you. Copies of the minutes of the first meeting and the draft minutes of the hearing are available at the city clerk's office and at the main branch of the public library. The Commission members were provided an opportunity to make an opening statement at the hearing ( copy of my statement enclosed). After these statements, we went into the hearing where we heard from twenty speakers. Mr. Gilmore made a motion that the Commission appoint a qualified person to conduct a title search and render an opinion as to who were the owners of record of West Beach at the time of the formation of the Corporation. The motion was amended to allow each commissioner to investigate candidates and costs and to report back at the next meeting before making a final decision. The amended motion was passed unanimously. The Commission's counsel suggested that we may wish to review the 1907 State Supreme Court decision (enclosed) relating to the title of the West Beach Corporation and the extensive report by the Superior Court prior to any decision on expending funds to search titles. Suggested Document Review Process I believe it is fair to say that, as outlined at our initial meeting and reiterated at the public heating that the sole purpose of this Commission is to develop a proposed amendment to the Beverly City charter to reopen West Beach to all Beverly citizens. This amendment will be voted upon by our citizens at the municipal election in November 2001. To ensure that this proposed amendment is consistent with the Commonwealth's Constitution, and its statutory and case law, t believe we should devote whatever time is necessary to properly document both the legal and historical basis for amending the Special Act of 1852 through the Charter process. With that in mind, I propose the following four-fold process for your consideration that should help us to successfully conclude the work of this commission: 1. Review of the applicability of the Constitutional provisions setting out the Home Rule Charter procedure to amend the Special Act of 1852 in order to guarantee equal access to membership in the West Beach corporation to all interested Beverly citizens; 2. Review legal and historical documents relating to the question of public access to West Beach prior to 1852; 3. Review the question of whether there were any legally recognized owners of record of West Beach in 1852 prior to enactment of the Special Act; 4. Review the question of what role, if any, emminent domain will play in this process.: 5. And finally, develop the proposed chatter revision language. State Ethics Commission opinion and follow up material Following our adoption of a motion, I forwarded an inquiry to the State Ethic Commission requesting an opinion whether the fact that our counsel, Mr. John Quinn, had been a defendant in a law suit brought by the West Beach Corporation raised any conflict of interest questions. The response, which l received just before the holidays is enclosed. The opinion directs on pages 5 and 6 that to dispel the appearance of a conflict of interest, Mr. Quinn should file a formal disclosure statement with the Charter Commission setting out the extent of his relationship with the West Beach Corporation. The opinion also raised the question of whether our counsel must be objective and impartial on the issue of public beach access. Mr. Quinn informed me last week that in order to avoid the appearance of a conflict of interest, that he would not be able to act as the Commission's counsel until he had obtained a response to a request for a clarification that he has filed with the Ethics Commission. I have enclosed a copy of both his letter to the Ethics Commission and to our Commission members. It is unclear whether the clarification will have been issued before next meeting. Finally, I wish to heartily thank you for the great patience you have shown to date as we attempt to get this fairly complicated process underway. With enough energy, focus and good will from all of us we can bring a finished, well developed proposal to the people for their consideration in as timely a fashion as possible. I hope that we can all agree on that. ohn H J~ley