Special to the Transcript
There has been significant public interest and public comment over the recommendations made by the Ordinance Review Committee. The debate extends beyond the issues themselves. Should the people of Winthrop have the opportunity to decide? The Town Council’s vote will determine what measurers will be send to voters next November.
On August 2, 2022, Marc Chapdelaine, Chairman of the Ordinance Review Committee, submitted the Committee’s written recommendations to the Town Council. Council President Letterie received permission to reconvene the ORC and appointed Chapdelaine a chair shortly after being sworn in as Council President. “We had a small window to complete our charge and this Committee rolled up our sleeves and got to work,†said Chapdelaine.
The ORC held its initial public meeting on March 2, 2022, at which the Committee’s meeting schedule was established (meetings on a weekly basis on Wednesday evenings), administrative matters were taken care of, and the public forums were scheduled to ensure public opportunities to participate in the process. The Committee subsequently held twenty public meetings, including two Public Forums, over the following six months.
The first Public Forum took place on April 27, 2022. The format was designed to give the public the opportunity to educate the ORC on a wide-range of issues. A second Public Forum took place on July 13, 2022. Prior to the 2nd Public Forum, the ORC caused a detailed Agenda to be circulated, setting out the issues for debate. The well-attended forum resulted in over 3.5 hours of debate regarding the specific proposals being considered by the ORC.
On July 27, 2022, the ORC voted on each Recommendation. As determined by a majority of the voting members of the ORC, the Recommendations were submitted to the full Town Council for consideration pursuant to Winthrop’s Charter §9-6. A full copy of the ORC’s written recommendations can be found on the Town’s website.
The ORC made a total of thirteen recommendations. Changes to the Town’s Charter require a 2/3 vote of the full Council in favor of sending them to the Attorney General’s Office pursuant to M.G.L. c. 43B. If voted on by at least 2/3 of the full council, the proposed Charter amendments will appear as ballot questions at the next municipal election on November 7, 2023.
Proposed revisions to the Town’s Rules and Ordinances, can be adopted with a 2/3 vote of the full Council, and do not require a ballot initiative. If approved, these ordinance changes will not require a Home Rule Petition and can be voted into law by the Town Council on August 16, 2022.
The following is a list of each recommendation sent by the ORC to the Town Council.
Recommendation #1: Change in Composition and Term Length of Town Council:
The ORC recommended sending to the voters of Winthrop a recommendation to change to the size, terms, and composition of our Town Council. The Committee identified and debated ways to make service on our council more appealing. The change in term length of the councilors, coupled with the removal of precinct designations will expand the pool of potential candidates.
Currently, the Town Council is comprised of six precinct councilors, two at-large councils, and a Town Council President. The current term length is a staggering four-year term for councilors and a two-year term for the Town Council President. The ORC recommends a reduction in the size of the Town Council to seven.
Under the Recommendation, the “precinct†designation would be removed, and all councilors would be at-large, serving the town as a whole. In addition, the ORC recommends changing the lengths of terms of councilors–two years for all councilors and four years for the Town Council President.
The ORC rationalized that shortened term length of the precinct councilors will likely result in an increase in community participation. The increase in the length of the term of the Town Council President is intended to give the Town Council President the time needed to achieve policy goals. Further, an all at-large council will allow for a larger pool of candidates for each council seat.
Recommendation #2: Abandonment of Council Seat
The ORC recommended a shortening of the time period before which a councilor’s poor attendance supports Abandonment. Currently, the time eligible is over a one-year sample. The ORC recommended that the Charter be amended –shortening that time span to three months.
Recommendation #3: Selection of Chairperson of Policy-Making Multiple Member Body
While recognizing the need for a strong Town Council President, who is empowered to direct the Town Manager to work toward policy initiatives for the betterment of Winthrop, such power must be managed through checks and balances. Specifically, as the naming of the chairperson of the Town’s Policy-Making Multi-Member Board, whether the decision rests with the Town Council President or the individual boards has been the subject of debate in our recent history.
A definitive policy on the subject will reduce friction in our town government while placing reasonable limits to the power of the Town Council President. Currently, there is confusion as to whether the Town Council President appoints the chair or whether the individual Policy-Making Multiple Member Bodies do. This Recommendation is intended to resolve the ambiguity.
Recommendation #4: Elimination of Use Variances
The ORC recommended a changed to the Town Ordinances that would eliminate Use Variances.
Massachusetts General Law, Chapter 40A, is the governing legislation that controls land uses. Part of the law is a fundamental requirement that variances of dimensional regulations may only be granted to parcels that meet specific conditions. During the process of application for a building permit, a review and determination by the Building Commissioner is performed for verification of zoning compliance of the lot and any existing structures and proposed new construction. If the existing structure does not fully comply with the present zoning regulations then the legal definition of the property is titled non-conforming. As a non-conforming structure rights such as a change of use or altering the building lines may require a finding of the Zoning Board of Appeals.
Winthrop currently has a definition of variances that permits an applicant to apply for a Use Variance—that is a non-conforming use of a property e.g. a hotel being converted to an apartment complex or a residential home being used as a restaurant. Another example could be a single-family home being converted to an apartment building.
The Recommendation to eliminate Use Variances from Winthrop’s code bring greater transparency in development. Developers will need to request for a change of zoning before the Planning Board and then appear before Town Council. The current process simply requires a vote of three members of the Board of Appeals.
“This change represents a significant step towards ensuring responsible development in Winthrop. While it is important to protect the rights of landowners seeking to develop in our town, it is equally important to protect the neighbors of those developments, who have purchased their homes based on the characteristics of that neighborhood,†explained Chairman Chapdelaine. Â
Recommendation #5: Addition of Recall Language
Currently Winthrop’s Charter has no provision for a recall of an elected official through a citizen’s initiative. Recall is the power of the voters to remove elected officials before their terms expire.
The history of recall elections dates back to the laws of the General Court of the Massachusetts Bay Colony of 1631, appearing again in the Massachusetts Charter of 1691.
Inclusion of recall language brings pros and cons. On one hand, the ability for citizens to recall elected officials will further empower voters to hold our elected officials accountable. On the other hand, the process itself is often divisive. The recall language, as proposed, is intended to place adequate safeguards to prevent abuse, while empowering citizens.
Committee member Todd Sacco commented, “Recalls can sometimes be divisive. At the same time, the purpose of a recall is to put an end to a divisive environment…to egregious behavior. After debate the Committee agreed that the hurdle must be high and recommends that the initial Petition be signed by 4% of the Town’s votes…the design is for a recall to not be reactive and used only as a last resort.â€
Recommendation #6: Statutory Interpretation
The ORC recommended that the council add language to the Charter to clarify statutory interpretation. Where there is a dispute between this Charter and Council Rules, the Charter is binding. This recommendation is intended to remove any ambiguity.
Recommendation #7: Filling of Vacancy on the School Committee
The ORC sought to address issues identified in the most recent fillling of a vacancy that occurred on the School Committee, whereby the votes on the Town Council outnumbered the votes of the members of the School Committee.
The recommended changes seek to mirror the same process of filling a vacancy on the town council, which process the ORC deemed to be more equitable and fair.
Recommendation #8: Formation of a Water/Sewer Advisory Committee
In recent years, residents, business owners, and regional and local news entities have questioned the Town of Winthrop’s water/sewer rate. When the Town was governed by a Select Board, a water commission existed that allowed for public participation in the water/sewer rate setting process. Now that Winthrop is a Manager/Council style government, ratepayers expressed a lack of transparency in this process. By establishing a water/sewer advisory committee, the Town will gain a new level of public oversight into the water/sewer management process and, potentially, increase the public’s trust in regards to the setting of water rates.
The Charter and Ordinance Review Committee recommended that the Town Council/Town Administration establish a water/sewer advisory committee.
Recommendation #9: Amendment to §7-8 Action on the Budget
The Charter currently requires the budget to be voted on within 45 days following the date the proposed budget was received by the Town Council. This has led to delays in formal budget presentations as to not start the 45-day approval timeframe.
The proposed change to require approval 15 days to the start of the fiscal year regardless of when the budget is received will allow the Town Council to receive the budget earlier allowing them more time to familiarize themselves with it before voting.
Recommendation #10: Amendment to §7-11 Capital Improvement Plan
The ORC determined that the requirements of the capital improvement plan as required by the Charter have not historically been followed. After identifying potential reasons, the ORC recommended changing the timeline that the Capital Improvement Plan is required to be presented to the Town Council, which change will better align with the current process and will allow for a more formalized Capital Improvement Plan to be presented.
In short, the change will allow the Town Manager to know the availability of funding for capital improvements.
“This change, as well as the recommended change to budget timing, may seem small, but they will create more transparency budget process and will help to align the Town’s short and long-term capital improvement plan,†said Committee member and CPA, Joe Hanlon.
Recommendation #11: Changes to Airbinb/Transient Lodging Ordinance
Public comment raised to light significant issues related to the enforcement of the Town’s Airbnb/transient lodging ordinance, 17.49.010. With only ten of the estimated one hundred hosts properly registering with the town, issues of safety and fairness were brought to the ORC. The ORC voted 9-0 to recommend that the Town Council identify as a priority for enforcement unlicensed Airbnb/transient lodging hosts.
In addition, the ORC recommended that the Town Council take immediate steps to ensure that Winthrop receives tax revenue due under Massachusetts law from Airbnb and other sites.
Recommendation #12: Measure to Increase Compliance with Sign Ordinance
Public comment identified material non-compliance with the Town’s Sign Ordinance of many of the Town’s license holders. The non-compliance included unlawful advertisements for cigarettes, beers and other product and signage.
Currently, on an annual basis, all license holders in the Town apply for renewal of their respective licenses. This recommendation seeks to add a line on the renewal application, to be signed off by Inspectional Services, certifying compliance with the Sign Ordinance, prior to renewal.
In addition, the ORC recommended changes identified by the Collins Center at UMass Boston, which was submitted, collectively, as Recommendation #13.
In all, the nine-member ORC collectively dedicated over 500 hours to the review and analysis of Winthrop’s Charter, Rules and Ordinances. The background of the Committee included members of the Winthrop community; it was diverse in backgrounds and experience. The ORC included backgrounds in accounting/finance, government, architecture, manufacturing, media, and legal. The range of ages represented the spectrum. “Diversity in thought and views led to spirited debate and discourse,†commented the Chairman. “I commend the members of this Committee on their professionalism and unwavering commitment towards civility throughout this process…The recommendations sent to the Town Council are the product of a great deal of debate, analysis, research, and reflection from this Ordinance Review Committee.â€
Chapdelaine went on to thank the council president and the council for the opportunity to serve as Chairman of the Committee.
Changes to the ordinances become the law by a 2/3 vote of the full council. Those proposals include the elimination of Use Variances, the formation of a water/sewer advisory committee, and a review of the effectiveness of the current transient lodging statute. The other changes, which amend the Charter, require a 2/3 vote and must pass a ballot initiative next November.
At the Town Council meeting on August 2, President Letterie thanked the ORC for their hard-work and promised an opportunity for the public comment. Councilor John Munson echoed the council president’s gratitude, indicating support for the idea that these issues should be sent to the voters.
Chairman Chapdelaine wants to express his gratitude to Tom Reilly, Peter Gill, Jeff Turco, and the countless other past presidents, business owners, and residents that gave their time to discuss the merits of these issues. Chapdelaine went on to thank the members of the committee for their commitment to this process.