Town Council - Ways & Means Committee

Braintree Town Council MEMBERS Meredith Boericke, Chairwoman Committee of Ways & Means Peter Morin, Vice-Chairman One JFK Memorial Drive Joseph Reynolds, Member Braintree, Massachusetts 02184 Julia Flaherty, Member Elizabeth Maglio, Member MINUTES Monday, April 7, 2025 A meeting of the Committee of Ways & Means was held in Johnson Chambers on Monday, April 7, 2025 at 6:45pm. Councilor Boericke was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. Present: Meredith Boericke, Chairwoman Peter Morin, Vice-Chairman Julia Flaherty, Member Elizabeth Maglio, Member Joseph Reynolds, Member Also Present: Erin V. Joyce, Mayor Kara Nyman, Chief of Staff Kenneth J. Rossetti, Town Solicitor Approval of Minutes • None Old Business • None April 7, 2025 Ways & Means Committee 1 of 5 New Business • 25 014 Mayor: Appointment – Kenneth J. Rossetti as Town Solicitor or take up any action relative thereto Mayor Joyce presented for the Town Solicitor role Mr. Kenneth Rossetti. He comes to us with a very practical and extensive experience in working in other municipalities most recently in the City of Methuen. The last year plus during my administration we have transitioned away from in-house Solicitor to using a firm KP Law. They have been a great resource. We have always been strategizing to have an in- house Solicitor. We were just trying to get a handle on all the different legal pieces. Last year at this time we were working through the Weichel settlement matters. It was helpful to have the resources of KP Law. It may be some time as we transition the day-to-day away from KP Law to in-house and then strategize the continuation of some things for KP Law. Members of KP Law firm have worked with Ken in Methuen. KP Law is aware of Mr. Rossetti and his work ethic. This is a resource we will be happy to have in-house. I know the Council has asked. It is a big risk management piece to have someone in-house for the departments and Council and our team. Mr. Kenneth Rossetti stated I am very excited about this opportunity and appreciate Mayor Joyce’s confidence in my ability to come on-board and represent the interests of the Town of Braintree in all of its legal matters. I bring to the table nearly 17 years of collective in-house municipal experience. Prior to coming here today I have served in 3 communities: Malden, Lowell and Methuen. I have led a legal department. I have expanded a legal department. In Methuen I grew the departments personnel. I’m used to working under pressure and on matters that are highly public in nature and require extreme confidentiality. Councilor Morin stated I wanted to disclose again, and I have filed a disclosure previously with the Town Clerk that my spouse works for KP Law as an Administrative Assistant and has worked there for a number of years. I do not believe that it causes me to be in conflict because since 1991 I have advocated that the Town of Braintree have an in-house counsel and it is well documented. When Mayor Joyce went in this direction I said I preferred and I am glad to see she is going in the direction of having an in-house counsel. I would also disclose that I was formerly the Town Solicitor here. Councilor Morin asked who is your client as a Town Solicitor? Mr. Rossetti stated Town of Braintree is my client. Duties are set forth under the Ordinances of Braintree and I would execute them. It is not one particular public body or official. It is the Town of Braintree. Councilor Morin stated so there is a balance of interest you have to do in your role between the role of the Mayor and the role of the Council and both have their roles that you have to be a tight rope on. Mr. Rossetti replied of course. Councilor Morin stated one reason I would like back in-house counsel is a number of issues Council has raised are in the que. They have been in the que for months. I have 4 that I am waiting on and for various reasons they have been held up. We are dependent on your office to be responsive to our requests guidance. Timeliness of that is important. Mr. Rossetti replied absolutely. I couldn’t agree more. I am very much accustom to working with legislative bodies. In the City of Malden the appointing authority is the City Council. I have covered dozens April 7, 2025 Ways & Means Committee 2 of 5 of City Council Meetings and worked with many City Councilors over the course of my career. I feel very comfortable advising the body and advising individual members. Councilor Morin stated you can read on-line that in Methuen you were not re-appointed. I think you are deserving of the opportunity for you to explain your side of the story. Mr. Rossetti stated in Methuen unlike Braintree there is a time limit to serve as a Solicitor. There is a 2 year term set out in the Charter. The Solicitor is appointed in January of odd number years. I began my service in January 2021. I was appointed by the Council with 9 members serving. At a time there were serious problems with the Police Department. Those problems have been well publicized going back to 2017 with a very controversial collective bargaining agreement was passed by the City Council. When I came on that Council was all form minded and the Mayor all rolling in the same direction. Municipal Elections occur in November of odd number years. In November 2021 Council Election and all 9 Councilors get re-elected. Per the Methuen Charter City Councilors can only serve 3 consecutive terms. This was good, I continue to work well with this Council and this Mayor. January 2023 I am enthusiastically renewed for another 2 year term. November 2023, Municipal Elections where 4 of the 9 Councilors who appointed me are term limited – they are out. A 5th Councilor chose not to run. This leaves 4 on the body of the group that appointed me. The Municipal Election of November 2023 brought back some of the Councilors that were part of the “old Methuen”. Those 5 incoming Councilors formed a majority. I am up for reappointment in January 2025. In September 2024 the Mayor dies. One of my proudest achievements was advising the City on succession of powers upon the Mayors passing. One of which includes one of the previous group to act as Mayor. In the Charter there is a provision to elect one of the serving to act as Mayor in the event of passing or anything that prevents the Mayor from serving at least 3 consecutive business days. So, one of the four gets elevated as acting Mayor. There are 3 remaining Councilors from the group that appointed me. The Councilor who is elevated to acting Mayor then wins the Special Election that is required. This is in December. Provisions are made for the remaining Councilors to pick the replacement. A replacement is picked. Someone I have no relationship with. When the vote came in 2025 I was not reappointed. That vote was 6 to 3. The 5 new members voted against me as did the 6th. I am very proud of the work I did in Methuen. The night of the vote January 6 was delayed, as allowed by Charter until January 13. On the night of the vote a Lawrence Police Sargeant spoke in my favor. He pointed out how much I did to steer things in the right direction away from abuses of the past. He also pointed out there are now fractions of this Council that troubled him. The Chief of Police wrote a letter urging them to approve my reappointment. There was a list of many references. I am proud of the work I did. It may not have settled well with some of the factions in Methuen but I wouldn’t have changed a thing work wise. I also had to note at that meeting as someone wanted to vote KP Law as the Town Solicitor that it was not on the agenda and would violate Open Meeting Laws if they did. They continued to take my advice even without voting in favor of my reappointment. Councilor Reynolds asked do you have any experience in Zoning Bylaws modifications? Mr. Rossetti stated yes I have advised Methuen in Zoning Bylaws. It requires the drafting of the change and gets submitted for public hearing by the Planning Board and the City Council. It was Methuen’s practice to hold a joint public meeting. I have also handled zoning disputes. Councilor Reynolds asked if any experience in 40B? Mr. Rossetti stated there was a substantial 40B project involving both Methuen and Dracut. Two water communities. I communicated with outside counsel on that. Councilor Reynolds asked if the communities were in compliance with 40B. Mr. Rossetti stated some were but Methuen is still in litigation regarding that. April 7, 2025 Ways & Means Committee 3 of 5 Councilor Maglio asked about the misinterpretation of the Governors Emergency Orders. Mr. Rossetti stated I was very proud of both of these achievements. Maldon BOH issued a closure order to an awning manufacturer and pursuant to the Governors Emergency Order. The manufacturer represented by expensive legal counsel decided to fight that. The company sought an injunction to preclude the City of Malden to enforce the closure by the BOH. I persuaded the court awning manufacturer did not fall under essential services under the Governors Emergency Orders. On the election issue. We were nearing the 2020 election. The City Clerk received notification from the Charter School that they would not make available its location for voting due to COVID. In the letter the Charter School said for this election or any future election which was unfortunate for the Charter School because when I went to court, seeking an injunction to preclude the Charter School to close off that location for an election, I pointed out there was something more than COVID mitigation at play here. We had a virtual hearing and we prevailed. The City Clerk was allowed to set up for the election at the Charter School. Councilor Maglio stated I have some items in the queue as well. Mr. Rossetti stated I look forward to meeting all of you and hearing what your priorities are. Councilor Flaherty ask about Lowell and litigation with the town. Can you describe how that came about and how that was resolved. Mr. Rossetti stated on October 7, 2016 I was terminated without cause. On that same day I was rehired by Malden. I reached out knowing Malden had an opening and I started with Malden later that month. The termination was without cause. Lowell did not contest my application for unemployment but there was an Ordinance in Lowell that provided for a right to a hearing prior to termination and that was not followed and that became subject of litigation. This has long been settled and over. Chairwoman Boericke stated I agree with my colleagues your answers have been very lucid, plain spoken and well spoken and you are well prepared. I would very much welcome to sit down with you if this appointment goes through. Chairwoman Boericke asked is there a Motion? Motion read by Councilor Morin for favorable recommendation to the full Council: MOTION: Upon request of her Honor, Mayor Joyce, the Town of Braintree, through the Braintree Town Council and in accordance with Sections 2-10 and 3-3 of the Town Charter, approve the appointment of Kenneth J. Rossetti as Town Solicitor Motion: by Councilor Morin to approve Order 25 014 Second: by Councilor Flaherty Vote: For (5 – Boericke, Flaherty, Maglio, Morin, Reynolds), Against (0), Absent (0), Abstain (0) April 7, 2025 Ways & Means Committee 4 of 5 • 25 010 Mayor: Appointment - Emily McGinley as Community Member of the School Building Committee or take up any action relative thereto Chairwoman Boericke asked if there was a Motion to take off the table Order 25 010. Motion by Councilor Morin to Take off the Table Order 25 010. Motion: by Councilor Morin to Take off the Table Order 25 010 Second: by Councilor Flaherty Vote: For (5 – Boericke, Flaherty, Maglio, Morin, Reynolds), Against (0), Absent (0), Abstain (0) Chairwoman Boericke explained this was tabled at a previous meeting as we requested a legal opinion. We received a Legal opinion on whether or not Council is required to vote on this appointment. This is the follow up received from KP Law: Respectfully, the Town Council voted to approve appointments to the School Building Committee in 2009, which would have been the first appointment of this committee following the change in form of government. I have not gone through the Councils orders for each year since 2009, so I cannot speak to how appointments to this committee have been made since then, but as noted in my email below, 963 CMR 2.06(2)(b) requires that the school building committee be appointed in accordance with any local charter or bylaws. As explained below, it is my opinion that the school building committee is a multiple- member body appointed by the Mayor with the consent of the Town Council per Sections 2-10 and 3-3 of the Charter. Mayor Joyce stated there was some confusion on whether Council should vote on this particular appointment and legal agreed that multiple-member bodies should go through Council. Emily McGinley is an architect by trade. She has always been very engaged. Very smart and capable. Councilor Flaherty stated I think she will be a strong member to this body. There are questions on what this committee will take. Mayor stated we are still working through the logistics of that. We will have our Town Solicitor help with that. We do need to from MSBA have someone as part of the committee with architect background and that is why this is now. Chairwoman Boericke asked is there a Motion? Motion read by Councilor Morin for favorable recommendation to the full Council: MOTION: Upon request of her Honor, Mayor Joyce, the Town of Braintree, through the Braintree Town Council and in accordance with Sections 2-10 and 3-3 of the Town Charter, approve the appointment of Emily McGinley as Community Member of the School Building Committee. Motion: by Councilor Morin to approve Order 25 010 Second: by Councilor Flaherty Vote: For (5 – Boericke, Flaherty, Maglio, Morin, Reynolds), Against (0), Absent (0), Abstain (0) It was unanimously voted to adjourn the meeting at 7:23p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • 25 014 Mayor: Appointment – Kenneth J. Rossetti as Town Solicitor • 25 010 Mayor: Appointment - Emily McGinley as Community Member of the School Building Committee April 7, 2025 Ways & Means Committee 5 of 5