Agenda
Town Council · from the Town's website · released Jul 22, 2025 · 16 pages · 980 KB
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ZOOM INFORMATION Aeeting ID: 82478230019# ‘asscode:93 8283 ‘hone: 1-305-224-1968 WINTHROP TOWN COUNCIL Lown Council Members Town Council President James Letterie Precinct 1 Councilor Costigan Precinct 3 VP- Councilor Belcher Precinct 4 Councilor Swope Precinct 5 Councilor Aiello Precinct 6 Councilor DaRos MEETING AGENDA JULY 22, 2025 6:30 PM HARVEY HEARING ROOM RECEIVED 1025 JULI |P 3: 02 i OWN CLERK WINTHROP IMASS. Councilor at Large DeMarco Councilor at Large Tassinari CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 1. MINUTES Approval of Minutes July 1, 2025 as circulated 2. ENERAL INF 3. PUBLIC HEARING T Ordinance Review Committee Recommendations on Town Charter 4. BLIC ENT 5. CORRESPONDENCE 6. T: Public Health & Safety FHBC-Newsletter Update 7. LDEPARTM E 8. E 'Y MAKING COMMITTE 9. R RT 10. OLD BUSINESS National Grid- WR# 31116656-North Sidewalk Main St. Abandonment Motion-Continued for review Fire Hydrant Poles 11. NEW BUSINESS Ordinance Review Committee Recommendations on Town Charter 12, PUBLIC COMMENT 13. B E. EVENT © Nomination Papers for the Local Election 11-4-25 Available Clerks Office o July 26, 2025-Electronic Recycling 9-2pm Fort Banks Elementary o July 26, 2025-Hazardous House Waste Collection-DPW © Farmers Market Every Sunday June through Sept. 9-1pm-Ingleside Park © Next Town Council Meeting is August 12, 2025 14. ADJOURNMENT Dear Council President Letterie and Town Council Members: In accordance with Section 9-6 of the Town Charter, “Periodic Review of Charter and Ordinances shall be done in each year ending in a five or a zero by a committee consisting of nine members.” Pursuant to this requirement, a nine-member committee was appointed by the Council President on February 25, 2025. This committee is referred to as the Ordinance Review Committee (ORC). The ORC is comprised of a diverse and experienced group of individuals representing various sectors of the community: Chair: Karin Chavis — Medical Field Clerk: Carole Mietzsch — Information Technology Hannah Belcher — Higher Education Administrator Kaitlin Burroughs — Project Manager Timothy Callinan, Esq. — Legal Vincent Crossman — Public Safety Kurt Millar ~ Global Manager Shannon Poulos — Finance Denise Quist — Municipal Government; Winthrop Town Clerk oos ee es e@ @ © Between April 2, 2025, and June 24, 2025, the ORC held eleven meetings. All meetings were posted on the Town Calendar along with their agendas and were announced in the Town Manager’s weekly newsletter. The committee also held one public comment session and one formal Public Hearing, which were advertised through the local newspaper, the Town Manager’s newsletter, and social media platforms. The primary focus of the ORC during this review cycle was to formulate Charter change recommendations for inclusion on the biennial election ballot scheduled for November 4, 2025. Registered voters will have the opportunity to vote on these proposals. The committee will begin its review of the Town Ordinances on October 1, 2025. A brief synopsis of the ORC's recommendations for the ballot is provided below, with a detailed explanation of each recommendation attached. All proposals have been reviewed and approved by the Town Attorney and are submitted herewith for the Town Council’s consideration and vote. ; Proposed Amendment: Section 2-1(a) - Composition of Council Current Language: The Town Council is composed of six (6) precinct councilors and two (2) at-large councilors. Proposed Amendment: Amend Section 2-1(a) to change the composition of the Town Council from six (6) precinct councilors and two (2) at-large councilors to six (6) at-large councilors, with three (3) elected at each biennial election for four-year staggered terms. Rationale: The Ordinance Review Committee (ORC) recommends this change to promote broader participation in local government and to encourage a more competitive electoral process. Over the last ten biennial election cycles, 65% of precinct councilors have run unopposed, / suggesting a lack of contested races and, potentially, limited voter choice. By transitioning to all : at-large council positions with staggered terms, the ORC believes this will: « Provide all voters with the opportunity to vote for all council seats over time ¢ Foster town-wide representation and accountability » Reduce barriers to candidacy that may exist under the precinct-based system « Encourage more residents to run for office by removing geographical restrictions This proposed change aims to strengthen democratic engagement and improve representation ‘ across the Town of Winthrop. Approved by roll call vote 7~2 (7 in favor, 2 opposed) Section 2-1 (d) Abandonment of Office Proposed Amendment: | Replace the existing provision with a clearly defined five-step procedure to be followed when a Town Council member is considered to have abandoned their office. This new process ensures that any determination is handled fairly, transparently, and with appropriate due process protections for the councilor in question. Purpose and Rationale: The Ordinance Review Committee (ORC), in collaboration with the Town’s Legal Counsel, drafted this revision to: Ensure due process for elected officials Create a clear and consistent procedure i Protect both the rights of the councilor and the integrity of the office : Avoid ambiguity and potential misuse of the abandonment clause The proposed five-step procedure defines how concerns are raised, reviewed, and acted upon, including opportunities for the councilor to respond and appeal. Approved by roll call vote: 8-0 (1 absent) 2 Section 2-2(c) - Council Vice President Proposed Amendment: Amend the current process in which the Council elects the Vice President from among its members. Under the proposed change, the Council President will nominate a Vice President from the membership to serve a two-year term, subject to confirmation by majority vote of the Council. Purpose: « Streamline the appointment process « Clarify roles and timelines for Vice Presidential service Approved by roll call vote: 8-0 (1 absent) Section 2-4 - Compensation and Expenses Proposed Amendment: Require the Town Council to review and vote on compensation adjustments every two years, prior to June 30. Any proposed increase must then be placed on the ballot at the next scheduled biennial election for approval or rejection by the voters. Purpose: e Ensure regular review of council compensation « Increase transparency and voter oversight e Address an issue the ORC believes is long overdue Voice Vote: Unanimous Section 2-6 Exercise of Powers; Quorum; Rules i Amend current rule / regulation for the Town Council’s delivery of the calling a Special Meeting i Section 9-7 Uniform Procedures Governing Multiple Member Bodies Amend current rule / regulation for the Town Council’s delivery of the calling a Special Meeting Purpose: ¢ To Change the Delivery of these notices as to not have to be “hand delivered” to Committee/Board Members Approved by roll call vote: 8-0 (1 absent) The Ordinance Review Committee (ORC) extends its sincere appreciation to Town Legal Counsel James Cipoletta, Esq. for his invaluable guidance, expertise, and support throughout this review process. We also wish to thank Council President James Letterie and Councilor Swope for their consistent presence at all ORC meetings and for their thoughtful advice, suggestions, and encouragement. Your contributions were instrumental in helping the committee complete its work thoroughly and effectively. Respectfully submitted, Ordinance Review Committee (2025) Chair: Karin Chavis Clerk: Carole Mietzsch Hannah Belcher , Kaitlin Burroughs Timothy Callinan, Esq Vincent Crossman Kurt Millar Shannon Poulos Denise Quist coeeveeneee Section 2-1(a) — Composition of Council SECTION 2-1: COMPOSITION, TERM OF OFFICE CURRENT LANGUAGE (a) Composition - There shall be a town council consisting of nine members which shall exercise the legislative powers of the town. Six of these members, to be known as precinct councilors, shall be nominated and elected by and from the voters of the six precincts into which the town is divided, and two of the members, to be known as councilors-at-large, shall be nominated and elected by and from the voters at large. The ninth member shall be a council president chosen as provided in section 2-2. PROPOSED AMENDMENT (a) Composition - There shall be a town council consisting of six (6) at-large councilors, which shall exercise the legislative powers of the town, with three (3) elected at each biennial election for four-year staggered terms. They shall be nominated and elected by and from the voters. The seventh member shall be a council president chosen as provided in section 2-2. SECTION 2-1: COMPOSITION, TERM OF OFFICE (d) Abandonment 1. Any elected council member shall be considered to have abandoned their office if that person fails to attend either three consecutive regularly scheduled meetings of the full council or if that person fails to attend 50% of the regularly scheduled meetings of the full council over a three-month period, unless such absences are determined by the council to be for good cause. The Clerk of the Town Council shall be responsible for maintaining official attendance records of all councilors and shall notify the Town Council President in writing when a councilor meets the attendance criteria for abandonment. Within thirty (30) days of receiving such notification, the Town Council shall hold a public hearing to determine whether the councilor meets the attendance criteria for abandonment, whether there was good cause for the absences, and whether such absences constitute abandonment under this charter. At the hearing, the councilor shall have the opportunity to present evidence and testimony regarding the absences and to show good cause why the office should not be declared abandoned. Following the hearing, the Town Council shall make a formal finding by a two-thirds vote as to whether the councilor has abandoned the office. If abandonment is found, the office shall thereupon be declared vacant effective immediately and the vacancy shall be filled in accordance with the provisions of SECTION 2-11. ; SECTION 2-2: COUNCIL PRESIDENT (c) VICE PRESIDENT Current Language: Council Vice President - The town council shall elect from among its members a council vice president who shall act as council president during the absence or disability of the council president and, if a vacancy occurs, shall become council president for the remainder of the unexpired term. The powers of an acting council president shall be limited to only those powers of the office indispensably essential to the performance of the duties of the office during the period of such temporary absence or disability and no others and shall include acting as a member of the school committee only when the absence or disability continues for more than thirty days. Proposed Amendment: The Council President will nominate a Vice President from the membership to serve a two-year term, subject to confirmation by majority vote of the Council who shall act as council president during the absence or disability of the council president and, if a vacancy occurs, shall become council president for the remainder of the unexpired term. The powers of an acting council president shall be limited to only those powers of the office indispensably essential to the performance of the duties of the office during the period of such temporary absence or disability and no others and shall include acting as a member of the school committee only when the absence or disability continues for more than thirty days. SECTION 2-4: COMPENSATION, EXPENSES —- TOWN COUNCIL CURRENT LANGUAGE ; (a) Salary - The council president and the members of the town council shall receive such salary for their services as may from time to time be set by ordinance. No ordinance increasing the salary of town councilors shall be effective unless it shall have been adopted on or before the last day of June in the second year following a town election and it provides that such salary is to take effect upon the organization of the town government following two municipal elections. The council president and the members of the town council shall not be considered ‘employees’ for the purpose of chapter thirty-two B of the General Laws. PROPOSED AMENDMENT SECTION 2-4: COMPENSATION, EXPENSES —- TOWN COUNCIL (a) Salary - The council president and the members of the town council shall receive such salary for their services as may from time to time be set by ordinance. The Town Council to review and vote on compensation adjustments every two years, prior to June 30". Any proposed increase must then be placed on the ballot at the next scheduled biennial election for approval or.rejection by the voters. The council president and the members of the town council shall not be considered employees for the purpose of chapter thirty-two B of the General Laws. SECTION 2-6: EXERCISE OF POWERS; QUORUM; RULES CURRENT LANGUAGE (ii) Special meetings of the Town Council shall be held at the call of the council president, or, on the call of any four or more members. by written notice delivered in hand or to the place of business or residence of each member and which contains a listing of the items to be acted upon. Except in case of an emergency, of which the council president shall be judge, such notice shall be delivered at least forty-eight weekday hours in advance of the time set for such meeting. A copy of the notice to members shall, forthwith, be posted upon the town bulletin boards. PROPOSED AMENDMENT (ii) Special meetings of the Town Council shall be held on the call of the Council President, or, on the call of any four or more members. Notice of meeting shall be at least forty-eight weekday hours in advance of the time set, which shall contain notice of the subjects to be acted upon and location of meeting. In the event that a meeting is considered an emergency meeting, notice of an emergency meeting shall be posted as soon as reasonably possible ahead of the emergency meeting. A copy of the said notice shall also be posted on the town bulletin board and on the Town of Winthrop Web Page. Except as may otherwise be authorized by law, all meetings of all multiple member bodies shall at all times be open to the public and the media. SECTION 9-7: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER BODIES CURRENT LANGUAGE (a) Meetings - All multiple member bodies of the town, whether elected, appointed or otherwise constituted, shall meet regularly at such times and places as they may by their own tules prescribe, unless some other provision is made by ordinance or by law. Special meetings of any multiple member body shall be held on the call of the chair or by one third of the members thereof by written notice delivered in hand or to the place of residence of each member at least forty-eight weekday hours in advance of the time set, which shall contain notice of the subjects to be acted upon. A copy of the said notice shall also be posted on the town bulletin board. Except as may otherwise be authorized by law, all meetings of all multiple member bodies shall at all times be open to the public and the media. PROPOSED AMENDMENT (a) Meetings - All multiple member bodies of the town, whether elected, appointed or otherwise constituted, shall meet regularly at such times and places as they may by their own rules prescribe, unless some other provision is made by ordinance or by law. Special meetings of any multiple member body shall be held on the call of the chair or by one third of the members. Notice of meeting shall be at least forty-eight weekday hours in advance of the time set, which shall contain notice of the subjects to be acted upon and location of meeting. In the event that a meeting is considered an emergency meeting, notice of an emergency meeting shall be posted as soon as reasonably possible ahead of the emergency meeting. A copy of the said notice shall also be posted on the town bulletin board and on the Town of Winthrop Web Page. Except as may otherwise be authorized by law, all meetings of all multiple member bodies shall at all times be open to the public and the media. Questions contact - Rafael Kerguelen (781) 388-5101 or Rafael. kerguelenstrepo@nationalgrid.com Petition of the Massachusetts Electric Company d/b/a NATIONAL GRID Of NORTH ANDOVER, MASSACHUSETTS For Electric Conduit Location: To the Town Council of Winthrop, Massachusetts Respectfully represents the Massachusetts Electric Company d/b/a NATIONAL GRID of North Andover, Massachusetts, that it desires to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named. Wherefore it prays that after due notice and hearing as provided by law, it be granted permission to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as it may find necessary for the transmission of electricity, said underground conduits to be located substantially in accordance with the plan filed herewith marked — North Sidewalk of Main Street - Winthrop, Massachusetts. The following are the streets and highways referred to: WR?# 31116656 North Sidewalk of Main Street - National Grid to install underground facilities on North Sidewalk of Main Street beginning at a point approximately 105 feet WNW of the centerline of the intersection of Winthrop Street and Main Street and continuing approximately 39 feet in an East direction. Installing +/- 39ft PVC conduit and 3-#6 cable to feed traffic signal cabinet for the town of Winthrop that will be located at Northeast corner of Winthrop Street and Main Street intersection coming from existing pole #844. All civil work will be done by town of Winthrop's general contractor dec corp. Winthrop, MA. Location approximately as shown on plan attached. Massachusetts Electric Company d/b/a NATIONAL GRID lick WMemmolo BY Engineering Department Questions contact — Rafael Kerguelen (781) 388-5101 or rafael.kerguelenstrepo@nationalgrid.com Dated: April 28, 2025 ORDERED: Notice having been given and public hearing held, as provided by law, that the Massachusetts Electric Company d/b/a NATIONAL GRID be and it is hereby granted permission to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as said company may deem necessary, in the public way or ways hereinafter referred to, and to make the necessary house connections along said extensions, as requested in petition with said company dated the 24" day of April, 2025. Said underground electric conduits shall be located substantially in accordance with the plan filed herewith marked — North sidewalk of Main Street - Winthrop, Massachusetts. The following are the public ways or part of ways along which the underground electric conduits above referred to may be laid: WR# 31116656 North Sidewalk of Main Street - National Grid to install underground facilities on North Sidewalk of Main Street beginning at a point approximately 105 feet WNW of the centerline of the intersection of Winthrop Street and Main Street and continuing approximately 39 feet in an East direction. Installing +/- 39ft PVC conduit and 3-#6 cable to feed traffic signal cabinet for the town of Winthrop that will be located at Northeast comer of Winthrop Street and Main Street intersection coming from existing pole #844. All civil work will be done by town of Winthrop's general contractor dec corp. Winthrop, MA. I hereby certify that the foregoing order was adopted at a meeting of the ......sssssee- seasseaeeeeee sas aseneeeseeow eee sheld on the ......ccssssccecsssssesemees GAY Of sescesscrscecesssnteceeereeteees 20 sessereeens hen abecaa cee esscaaeneesenscceensacescenascaasess PEEPLES STSSOSTESSTSSTSINY) 5 20 secsceneene Received and entered in the records of location orders of the City/Town of se eneeceneenes hereby certify that ON .....sccccscsseesseeeeeesesceaeeeees Qos AL sesseeeeeee O'Clock, ....M AL ceeccecesscuecesseteeeesccaseceeeeeseseeeeeeeeceeeenes , a public hearing was held on the petition of Massachusetts Electric Company d/b/a NATIONAL GRID for permission to construct the underground electric conduits described in the order herewith recorded, and that I mailed at least seven days before said hearing a written notice of the time and place of said hearing to each of the owners of real estate (as determined by the last preceding assessment for taxation) along the ways or parts of ways upon which the Company is permitted to construct the underground electric conduits under said order. And that thereupon said order was duly adopted. NOT TO SCALE 1S dosy Ul N\ 399-0 WINTHROP ST's 4 va v4 va a wi Psi t < \ m . Pl N fea N. wn \ ~ ~. N ‘, N _ % 0 @ LEGEND Existing | Proposed Polewith ow... UG Electric Riser Conduit/Cable Traffic Signal ; Cabinet TO Property Line UG PETITION Address: 306 Main St, Winthrop 02152 Date: 04.24.2025 Designer: RAFA KERGUELEN WR #: 31116656 SKETCH TO ACCOMPANY PETITON: DEC GC of Town of Winthrop’s Proposed Installation +/- 39ft of 1-3" PVC Conduit with 3- #6 Cable and meter pedestal for Traffic Signal Cabinet at north east sidewalk of intersection of Winthrop St & Main St nationalgrid S/NO.| ADDRESS OWNER’S INFO PROPERTY ID B08 MAIN ST NAME: | FURLONG SRHENRY 1 MAILING: 308 MAIN ST, 56.44 WINTHROP MA 02152 NAME: ARRIGO P. MICHAEL 309-1 MAIN ST 55-128 2 MAILING: 27 LONG HILL ROAD, BOXFORD MA 01921 NAME: BIGGIO JOHN M 55-121 MAILING: 19 FRANCIS ST, 3 | 399-0WINTHROP WINTHROP MA 02152 ST NAME: STETSON REALTY LLC 55-63 MAILING: 325 SHIRLEY ST, 4 REVERE ST WINTHROP MA 02152