City of Beverly, MA Article II Specific Multiple-Member Bodies

§ 15-10 Aging, Council on.

A. Composition; term of office. There shall be a Council on Aging consisting of nine members. The members of the Council on Aging shall annually elect one of the nine members appointed by the Mayor to act as Chair. The term of each member shall be for three years, staggered so that three members are appointed each year.

B. Authority and responsibilities. The Council on Aging shall coordinate and conduct programs dealing with problems for the aging and promote facilities for the health, education, welfare and recreation of the aging. It shall annually submit a budget to the Mayor and City Council for their approval. It shall make an annual report on or before the first day of February to the Mayor and City Council, and shall make such other reports as from time to time may be requested. The Council on Aging shall be an advocate for the needs of the elderly people residing in the City. The Council on Aging shall conduct surveys of the elderly population to better determine their needs, problems and concerns. The Council on Aging shall develop criteria for program and supportive services development based upon an assessment of needs, and shall participate in programs offered by the Commonwealth's Department of Elder Affairs. The Council on Aging is an advisory committee of the City.

§ 15-11 Airport Commission.

A. Composition; terms of office. There shall be an Airport Commission consisting of nine members. Two members shall be residents of the Town of Danvers as shall be recommended by the Town Manager of the Town of Danvers, who shall recommend said members to the Mayor for appointment. In the event that such recommendation fails to result in an appointment, additional residents of Danvers shall be sought. The members of the Airport Commission shall be appointed by the Mayor, with the approval of the City Council, for terms of three years each, or until their successors are appointed and approved. Vacancies in the Commission shall be filled for the unexpired term by the appointing authority.

[Amended 1-6-2005 by Ord. No. 358; 2-16-2016 by Ord. No. 013; 3-21-2016 by Ord. No. 069; 12-18-2023 by Ord. No. 291]

B. Authority and responsibilities. The Airport Commission is responsible for the custody, care, and maintenance of the Beverly Regional Airport (also known as "John Mountain Field"), all other municipal aviation facilities in the City as well as ensuring safe and efficient operation under pertinent rules and regulations. The Commission operates under the authority provided to airport commissions pursuant to General Laws Chapter 90, by the Charter, ordinances, and by any other state and/or federal rules and regulations governing airports.

[Amended 11-2-2015 by Ord. No. 465; 5-20-2024 by Ord. No. 046]

C. The Mayor shall appoint an Airport Manager who is the executive officer of the Commission, who may, with the consent of the Mayor, appoint an Assistant Airport Manager. The Airport Commission may, consistent with state procurement regulations, and with the consent of the Mayor, let or lease land areas at the airport for up to 20 years, determine charges or rentals for property, facilities, installations, landing fees and services, and determine the terms and conditions for such charges. Subject to the approval of the Mayor and City Council, the Airport Commission may let or lease for longer periods.

D. The Airport Commission, subject to the consent of the Mayor, is authorized to expend any funds granted by the City, state or federal government for airport purposes, and may make contracts for the maintenance, operation, construction, enlargement, and improvement of the airport pursuant to the laws of the commonwealth governing the making of such contracts.

E. The Airport Commission shall adopt rules and regulations for the use of the airport or for the safety of the public upon or beyond the limits of the airport under its control. Such rules and regulations must be approved by the Massachusetts Aeronautics Commission and published in the same manner that ordinances are required to be published.

F. If the Airport Commission obtains an offer for a grant of federal funds, it shall designate the Massachusetts Aeronautics Commission as its agent to receive federal funds and receipt therefor in its behalf, and, subject to the consent of the Mayor, shall enter into an agreement with the Massachusetts Aeronautics Commission prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations, and applicable laws of the commonwealth.

G. The Airport Commission may invite bids for any contract involving the acquisition, establishment, construction, enlargement, protection, equipment, maintenance, or operation of its airport, and shall submit every such proposed contract to the Massachusetts Aeronautics Commission for approval. After approval has been given, the Airport Commission may, subject to the consent of the Mayor, award such contracts, subject to the availability of appropriations.

H. Except as otherwise provided in this or any other ordinance of the City, the Airport Commission assumes all other responsibilities and authority granted pursuant to General Laws Chapter 90 and pertinent state and/or federal regulations.

§ 15-12 Appeals, Zoning Board of.

A. Composition. There shall be a Zoning Board of Appeals consisting of five members and five alternate members. (See Chapter 300, Zoning, for specific provisions.[1])

[Amended 2-16-2016 by Ord. No. 013; 5-20-2024 by Ord. No. 046]

[1] Editor's Note: See Ch. 300, Zoning, Art. XIII, Board of Appeals.

B. Authority and responsibilities.

(1) The Zoning Board of Appeals hears and decides individual cases brought by persons seeking land use relief; all as provided for in MGL c. 40A, §§ 7 through 17, and Chapter 300, Zoning, of the City Code. The Zoning Board of Appeals is an advisory and regulatory committee of the City.

(2) The Zoning Board of Appeals acts as a board of appeals on matters of subdivision control under the applicable sections of MGL c. 41, §§ 81Y, 81Z, 81AA and 81BB; and decides on comprehensive permits pursuant to the provisions of MGL c. 40B, §§ 20 through 23.

§ 15-13 Assessors, Board of.

A. Composition. There shall be a Board of Assessors consisting of three members, one of whom shall be Chief Assessor and Chairman of the Board. Section 15-8B(1) shall not apply as it relates to the requirement to be a resident and registered voter of the City of Beverly but said members shall be residents and registered voters of the Commonwealth of Massachusetts.

[Amended 5-20-2024 by Ord. No. 046]

B. Authority and responsibilities. The Board of Assessors shall annually determine the valuation of all real and personal property subject to taxation within the City. The Board of Assessors shall annually determine the annual tax rate necessary to provide for the budget approved by the City. The Board of Assessors hears and decides all questions relating to the abatement of taxes levied by it. It has all of the other powers, duties and responsibilities which are given to boards of assessors by general laws.

§ 15-14 Award to Municipal Employees Committee.

A. There is hereby created an Award to Municipal Employees Committee consisting of five members, appointed yearly by the Mayor, subject to confirmation by the City Council, whose duty shall be to gather, classify and judge suggestions and make monetary awards to eligible City employees who submit the most valuable suggestions for improving the service of the municipality.

B. The Committee shall be unpaid and shall operate under the following conditions:

(1) The Committee shall accept suggestions, in writing only, with the signature of the employee affixed thereto.

(2) The suggestions shall become the property of the City.

(3) The Committee shall turn over all suggestions to the City Council within three months after they have been received.

(4) The Committee shall have the power to make rules and regulations governing the awards and the amounts thereof, subject to the provisions of MGL c. 40, § 5.

[Amended 2-16-2016 by Ord. No. 013]

(5) All municipal employees having attained their office by the electorate shall be eligible to participate in this program.

(6) Department heads and executive boards shall be disqualified from entering suggestions relative to their own department only.

§ 15-15 Beverly Golf and Tennis Club Commission; Club parking restrictions.

A. Composition. There shall be a Beverly Golf and Tennis Club Commission consisting of nine members which shall have the custody, care and management of the facility known as the "Beverly Golf and Tennis Club." Members of such Commission shall not have any affiliation or interest, directly or indirectly, other than an annual membership as may be prescribed under the rules and regulations of the Commission, with any operating firm, third-party vendor, or lessee of the Beverly Golf and Tennis Club facilities. Its membership shall consist of seven members from the public, one member of the Conservation Commission, and one member of the Parks and Recreation Commission.

B. Authority and responsibilities.

(1) Such Commission shall make rules and regulations not otherwise inconsistent with law, and may set and collect any fees which shall be applied to a specific account established with and supervised by the City Treasurer. All rules and regulations and the fee schedules adopted shall be subject to the approval of the Mayor and City Council.

(2) The Commission shall let or lease the Beverly Golf and Tennis Club, or any part thereof, with the approval of the Mayor and the City Council. No modification or waiver of the term of any lease by the Commission shall be effective without the approval of the Mayor and the City Council.

(3) Under no circumstances shall the Beverly Golf and Tennis Club Commission hire any personnel.

(4) The Beverly Golf and Tennis Club Commission shall make an annual report on or before the first day of August to the Mayor and the City Council, reflecting the financial operation of the previous fiscal year, and shall make such other reports as from time to time may be required.

C. There shall be no parking in areas properly posted and designated by the Commission as "No parking" areas at the Beverly Golf and Tennis Club.

§ 15-16 Beverly Housing Authority.

A. Composition. The Housing Authority shall be managed, controlled and governed by five members, appointed as provided in this section, of whom three shall constitute a quorum.

(1) Four members of the Beverly Housing Authority shall be appointed by the Mayor, subject to confirmation by the City Council, for terms of three years each, such that the terms of each member expires in a different year.

(2) One member of the Beverly Housing Authority shall be appointed by the Massachusetts Department of Housing and Community Development (Department) for a term of three years which expires in a different year than any member appointed by the Mayor.

(3) One of the four members of the Beverly Housing Authority appointed by the Mayor shall be a resident of the City and shall be a representative of organized labor who shall be appointed by the Mayor from a list of not fewer than two names nor more than five names, representing different unions, submitted by the Central Labor Council, AFL-CIO and the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America of the City or of the district within which the City is included. If no such list of names is submitted within 60 days after a vacancy occurs, the Mayor may appoint any representative of organized labor to the Authority.

(4) One of the four members of the Beverly Housing Authority appointed by the Mayor shall be a tenant in a building owned and operated by or on behalf of the Beverly Housing Authority who shall be appointed by the Mayor from lists of names submitted by each duly recognized City-wide and project-wide tenants' organization in the City. A tenants' organization may submit a list which contains not fewer than two names nor more than five names to the Mayor, who shall make the selection from among the names so submitted; provided that, where no public housing units are owned and operated by the Beverly Housing Authority and no such units are owned and operated on behalf of the Beverly Housing Authority, the Mayor shall appoint any tenant of the Beverly Housing Authority from lists submitted in accordance with this section. If no list of names is submitted within 60 days after a vacancy occurs, the Mayor shall appoint any tenant to the authority. The Mayor shall notify in writing tenants' organizations as specified herein not less than 90 days prior to the expiration of the term of a tenant member. Whenever a vacancy occurs in the term of a tenant member for any reason other than the expiration of a term, the Mayor shall notify in writing the tenants' organizations specified herein within 10 working days after the vacancy occurs. The Mayor shall make an appointment within a reasonable time after the expiration of 60 days after said notice.

(5) Vacancies, other than by reason of expiration of terms, shall be filled for the balance of the unexpired term, in the same manner as the original appointment.

(6) As soon as possible after the qualification of the members of the Beverly Housing Authority, the City Clerk shall file a certificate of such appointment with the Department, and a duplicate thereof, in the office of the State Secretary. If the State Secretary finds that the Beverly Housing Authority has been organized and the members thereof appointed according to law, he shall issue to it a certificate of organization, and such certificate shall be conclusive evidence of the lawful organization of the Authority and of the appointment of the members thereof.

B. Authority and responsibilities. The Beverly Housing Authority shall make careful studies of the housing needs within the City, and shall provide such programs to make available housing for families of low income and for elderly persons of low income as it deems to be necessary or desirable. The Beverly Housing Authority shall have all of the powers, duties, authority and responsibilities as are afforded to such entities under General Laws Chapter 121B.

§ 15-17 Beverly Waste Reduction Committee.

[Amended 6-16-1998 by Ord. No. 144; 4-4-2002 by Ord. No. 41; 5-4-2006 by Ord. No. 83; 11-16-2015 by Ord. No. 480; 11-7-2016 by Ord. No. 236; 5-20-2024 by Ord. No. 046]

A. Appointment and term. The Beverly Waste Reduction Committee shall consist of nine members, each appointed for a term of three years, or until their successors are qualified. The membership shall include persons interested in fostering decreased solid waste and increased solid waste recycling in the City of Beverly. Ex officio, nonvoting members shall include a representative of the City department responsible for solid waste disposal and the Health Director.

B. Authority and responsibilities.

(1) The Beverly Waste Reduction Committee shall act in an advisory and consulting capacity to the Mayor, City Council, and other interested City departments, boards, committees or commissions and to the residents of the City, relative to any and all matters concerning solid waste management except those matters concerning hazardous wastes that are made the responsibility of the Hazardous Waste Oversight Committee.

(2) The Beverly Waste Reduction Committee shall identify ways of increasing recycling and waste reduction.

(3) The Beverly Waste Reduction Committee shall serve as a resource for the general education of the public with respect to matters concerning solid waste management, solid waste reduction, and recycling.

(4) The Beverly Waste Reduction Committee shall address itself to the following matters dealing with solid waste management:

(a) Assisting City officials in establishing a solid waste management policy that aims to decrease waste disposal, particularly by enforcing Massachusetts waste bans, and to increase recycling.

(b) Encouraging increased recycling and decreased waste disposal by Beverly residents, schools and businesses by utilizing available funds as needed for educational materials.

(c) Encouraging composting using household composters and the City compost site.

(d) Establishing a mechanism for periodic review of resident inquiries.

(e) Reviewing monthly recycling and waste tonnage in order to assess the effectiveness of education programs.

(f) Requesting updates on solid waste management at schools and other municipal public buildings on a regular basis.

(g) Assisting in writing grants for funds for education, and the purchasing of recycling bins and composters.

C. Meetings; chairperson. The Beverly Waste Reduction Committee shall meet in the month of January of each year to elect a Chairperson who will preside at the meetings of the Committee. The Beverly Waste Reduction Committee shall meet no less often than bimonthly.

§ 15-18 Building and Other Facilities Planning and Construction Committee.

[Amended 2-16-2016 by Ord. No. 013; 4-18-2023 by Ord. No. 072]

There shall be a Building and Other Facilities Planning and Construction Committee (Planning and Construction Committee) in accordance with Charter Section 5-6. The Director of Engineering, Commissioner of Public Services, Public Works may be appointed to serve as a member of the Building and Other Facilities Planning and Construction Committee.

§ 15-19 Cable Television Advisory Committee.

A. Composition. There shall be a Cable Television Advisory Committee (CTAC) consisting of nine members and three alternate members.

B. Authority and responsibilities. The CTAC advises the Mayor on matters relating to the licensing and supervision of a contract for cable services in the City consistent with General Laws Chapter 166A. Consistent with the cable contract, the CTAC may be designated by the Mayor to exercise certain authority under the contract.

(1) The CTAC acts as a sounding board for resident complaints and suggestions relating to the cable television services and Internet and shall, under the direction of the Mayor, refer subscriber complaints to the cable operator for appropriate resolution. The CTAC shall not meet less than once each quarter for the purpose of reviewing cable contract compliance and advising on other licensing matters.

[Amended 5-20-2024 by Ord. No. 046]

(2) The CTAC shall also specifically address itself to the following matters:

(a) The continued review of the original contract, with the right to "call for action" to negotiate with the licensee to address discrepancies that occur.

(b) The ongoing study of rules and regulations issued by the state advisory commission, and briefings to keep up with changing state of the art in the communications technologies.

(c) Acting as liaison for the public, for cable TV programming and public access in the City (studies, evaluations, recommendations).

(d) A commitment to advising and educating regarding all of the above, for the Mayor and for the residents of the City.

(e) The CTAC shall develop and submit to the City Council a document, including a policy statement and specific procedures for use of cable television, for coverage of political campaigns for elections set by the City Council. The City Council shall approve such document, return it to the Committee for additional work, or amend it as the City Council sees fit. Thereafter, an updated document will be submitted to the City Council once a year on March 1.

(f) On all matters pertaining to public issues under consideration by City agencies, the CTAC shall see to it that coverage is fair and unbiased.

§ 15-20 Cemetery Commission.

A. Composition. There shall be a Board of Managers of Public Cemeteries (which shall be called the "Cemetery Commission") which shall consist of five persons: one to be the Director of Engineering, Commissioner of Public Services, Public Works, one to be the Finance Director or a designee of the Finance Director, one to be a member of the Conservation Commission, to be designated by that body, one to be a member of the Historic Districts Commission, to be designated by that body, and one to be appointed in the month of February (in different years) for a term of two years by the Mayor, subject to confirmation by the City Council. One of the members of the Board of Managers shall serve as clerk for the purpose of maintaining minutes of the Board's proceedings and other tasks as may be required from time to time.

B. Authority and responsibilities.

(1) Organizational meeting; record of proceedings. The Cemetery Commission shall meet as frequently as its duties require, and, at its first meeting of each year, it shall elect a Chairman and also a Clerk. The Clerk shall keep a record of all proceedings of the Board.

(2) Powers and duties; rules and regulations. The Cemetery Commission shall make all necessary rules and regulations concerning the operation of public cemeteries. The Cemetery Commission may lay out the public cemeteries and burial places of the City into lots and may sell and convey to any persons, whether residents of the City or otherwise, the exclusive right of burial and of erecting tombs, monuments, or cenotaphs. The Cemetery Commission will make recommendations to the Mayor relative to the acquisition of lands for the expansion of public cemeteries, and will be charged with the layout of existing cemetery properties using available space to the maximum practicable extent. The Cemetery Commission shall make an annual report to the City Council.

(3) Revenues; disposition of proceeds. Receipts for the delivery of services shall be deposited with the general fund. Proceeds from the sale of cemetery lots will be deposited in the "Sale of Lots Fund" and the "Endowment Fund" according to the then current schedule of rates. The Cemetery Commissioners will annually appropriate transfers from these fund accounts for the care of cemeteries.

(4) Maintenance of cemeteries. The maintenance of cemeteries shall be the sole responsibility of the Director of Engineering, Commissioner of Public Services, Public Works.

C. Endowment of lots; perpetual care. The cost of graves, perpetual care, openings and any other related costs shall be determined by the Board of Managers of the Cemetery Division of the Public Services Department and a fee schedule shall be posted in the City Clerk's office. Such sums shall be entered upon the City Treasurer-Collector's books and shall be invested under the direction of the Commissioner of Trust Funds in such manner as shall show the name of the person from whom, and the lot or lots, grave or graves on account of which the same was received. Such lot or lots, grave or graves shall be in condition acceptable to the Board of Managers of Public Cemeteries before such donation shall be deposited. The Treasurer-Collector shall keep a separate account of each deposit thus made and collect the income thereof and credit the same on each account. Upon receipt of money for the endowment of a lot or lots, grave or graves, the City Treasurer-Collector shall make receipts in duplicate showing the name or names of the person or persons making the deposit, the date of the same, and designating the location and ownership of the lot or lots, grave or graves to be endowed, one copy of which is to be given to the person or persons making the deposit and one copy to the Clerk of the Board of Managers of Public Cemeteries. It shall be the duty of the Board of Managers to apply the income of all investments made under the provisions of this section for the care and preservation of each particular lot or grave for which a deposit has been made and so invested.

[Amended 2-21-1989 by Ord. No. 122]

§ 15-21 Clean Energy Advisory Committee.

[Amended 4-9-2008 by Ord. No. 61; 5-20-2024 by Ord. No. 046]

A. Establishment; composition; term of office; vacancies. There is hereby established a Clean Energy Advisory Committee consisting of seven members, three of whom shall be appointed by the Mayor and four of whom shall be appointed by the City Council. The Clean Energy Advisory Committee shall also consist of three ex officio advisors having no voting authority and shall include the Director of Engineering, Commissioner of Public Services, Public Works, or the Director's designee, the Director of Building and Grounds or the Director's designee and the Inspector of Wires or the Inspector's designee. Each of the appointees preferably shall have demonstrated interest in the field of clean energy. All appointments shall be for a term not to exceed three years. All appointments shall be subject to review by the City Council.

B. Authority and responsibilities.

(1) The Clean Energy Advisory Committee shall act in an advisory capacity to the Mayor, City Council, and other interested departments, boards, commissions or committees and to the residents of Beverly relative to any and all matters concerning the conservation of energy. It shall facilitate the adoption of renewable energy sources and practices.

(2) A majority of the appointed members presently named and serving on the Committee shall constitute a quorum, and no meeting shall be continued without a quorum present. A majority of the members presently named and serving on the Committee shall be necessary for the approval or disapproval of any recommendation.

(3) The Committee shall adopt rules and regulations for keeping accurate minutes of its meetings.

(4) The Committee shall appear before the City Council in the months of March and October and present a verbal written annual report.

(5) The Clean Energy Advisory Committee's functions shall include, but are not limited to, the following:

(a) Assist in developing a comprehensive City energy policy for current and future use.

(b) Identify funding sources and resources that could be used to implement energy programs designed to conserve energy.

(c) Facilitate the adoption of energy conservation in public buildings, vehicles and equipment.

(d) Research and provide information regarding municipal strategies related to energy efficiency and sustainable development.

(e) Educate the public in matters of clean energy.

§ 15-22 Community Preservation Committee.

[Added 6-19-2013 by Ord. No. 51]

A. Establishment. There is hereby established a Community Preservation Committee, in accordance with Chapter 267 of the Acts of 2000, the Massachusetts Community Preservation Act, MGL c. 44B, § 1 et seq., as amended, which shall consist of nine members.

B. Membership, appointing authority and terms.

(1) The composition of the Committee, the appointment authority and term of office for the Committee members shall be as follows:

(a) One member of the Historic Districts Commission, acting as the Historic Commission, as designated by the Commission, for an initial term of three years and thereafter for a term of three years.

(b) One member of the Conservation Commission as designated by the Commission, for an initial term of two years and thereafter for a term of three years.

(c) One member of the Planning Board as designated by the Board, for an initial term of one year and thereafter for a term of three years.

(d) One member of the Parks and Recreation Commission as designated by the Commission, for an initial term of three years and thereafter for a term of three years.

(e) One member of the Housing Authority as designated by the Authority, for an initial term of two years and thereafter for a term of three years.

(f) One member of the Open Space and Recreation Committee as designated by the Committee, for an initial term of year and thereafter for a term of three years.

[Amended 6-18-2014 by Ord. No. 126]

(g) Three at-large members being residents of the City not currently holding elected office, as appointed by the City Council:

[1] One member to be appointed for an initial term of three years, and thereafter for a term of three years.

[2] One member to be appointed for an initial term of two years, and thereafter for a term of three years.

[3] One member to be appointed for an initial term of one year, and thereafter for a term of three years.

(2) The at-large seats shall be open to any resident, and members may include those who have expertise or demonstrated interest in open space, recreation, historic preservation, affordable housing, municipal finance or fiscal accounting practices. Preference will be given to applicants who are not currently members of any of the six boards, commissions and committees listed in Subsection B(1)(a) through (f), inclusive.

[Amended 6-18-2014 by Ord. No. 126; 5-20-2024 by Ord. No. 046]

(3) If possible, Committee membership as a whole should be drawn from all wards.

(4) The commission, board or committee that has appointment authority under this section shall appoint such representative(s) within 45 days of the effective date of this section. The City Council shall also appoint its representatives within 45 days of the effective date of this section.

(5) Any vacancy on the Community Preservation Committee shall be filled by the commission, board or committee that designated the member who creates the vacancy by designating another member in accordance with the above for the unexpired term, and within 45 days of the date of vacancy.

(6) The City Council shall also fill any vacancy in its appointments by designating another member in accordance with the above for the unexpired term, and within 45 days of the date of vacancy.

(7) Should the City Council fail to make an appointment authorized by Subsection B(4) or (6) above, the Mayor shall fill the position within an additional 45 days.

(8) Should any of the commissions, boards or committees that have appointment authority under this section no longer be in existence for whatever reason, the appointment authority for that commission, board or committee shall become the responsibility of the City Council.

(9) All Committee members shall serve on the Committee without compensation.

(10) Vacancies shall be publicly posted.

C. Duties.

(1) The Community Preservation Committee shall study the needs, possibilities, and resources of the City regarding community preservation, including the consideration of regional projects for community preservation, and shall develop and publish community preservation guidelines within six months of the Committee's first meeting. Development of the guidelines shall include a public hearing.

(a) The Committee shall consult with the public in addition to existing municipal boards, including the City Council, the Conservation Commission, the Historic Districts Commission, the Planning Board, the Open Space and Recreation Committee, the Parks and Recreation Commission and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies.

(b) The Committee shall annually hold at least one public informational hearing (and may hold more than one such meeting in a given year) on the needs, possibilities and resources of the City regarding community preservation, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the City and posted electronically on the City's website. The Committee may, after proper appropriation, incur expenses as permitted by state law using funds from the Community Preservation Fund to pay such expenses.

(2) The Community Preservation Committee shall make recommendations to the City Council for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation, and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created with community preservation funds. With respect to community housing, the Community Preservation Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites. With respect to recreational use, the acquisition of artificial turf for athletic fields shall be prohibited.

(3) The Community Preservation Committee may include in its recommendation(s) to the City Council a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund, or to set aside for later spending funds for general purposes that are consistent with community preservation.

(a) The Community Preservation Committee may recommend the issuance of general obligation bonds or notes, in accordance with the provisions of MGL c. 44B, § 11, in anticipation of revenues to be raised pursuant to MGL c. 44B, § 3, the proceeds of which shall be deposited in the Community Preservation Fund.

(b) In every fiscal year, the Committee shall recommend that the City Council either spend, or set aside for later spending, not less than 10% of the annual revenues in the Community Preservation Fund for each of the following: open space (not including land for recreational use); historic resources; and community housing.

D. Quorum requirements and cost estimates.

(1) The Community Preservation Committee shall not meet or conduct business without the presence of a quorum and shall keep a written record of its proceedings. A majority of the members of the Community Preservation Committee shall constitute a quorum.

(2) When making a recommendation(s) to the City Council, the Community Preservation Committee shall provide the Council with estimates of cost for each recommendation.

E. Rules and regulations.

(1) The Committee shall annually elect one of its members to serve as Chairperson and may elect such other officers, adopt procedural rules and regulations and establish any subcommittee(s) as it deems appropriate.

(2) A Committee member may serve as Chairperson for two consecutive years, after which the Committee member shall not be eligible to be nominated for the same position for a third year. However, the Committee may waive this provision by a two-thirds vote.

[Amended 5-20-2024 by Ord. No. 046]

(3) The Committee shall clearly define and make public its application requirements and evaluation procedures.

(4) By majority vote of the members of the Committee, the Committee may adopt and promulgate rules and regulations for the conduct of its business on any matter within the Committee's jurisdiction under the Massachusetts Constitution, Massachusetts General or Special Laws, the Code of Massachusetts Regulations (CMR), ordinance, or other legal right or authority granted to or conferred upon the Committee.

(5) The proposed rule or regulation shall be submitted to all Committee members at least 48 hours prior to any vote to adopt the same; provided, however, the Committee may make such amendments to the proposed rules or regulations as it deems appropriate at the meeting.

(6) Upon approval of any rule or regulation by the Committee, a copy of the same shall be filed with the City Clerk and publicly posted and become effective as of the date of filing thereof unless the specific vote of the Committee establishes a later effective date.

(7) To enhance communication, minutes of each meeting shall be sent to the City Clerk for distribution to the City Council and shall be publicly posted.

F. Amendments to the Community Preservation Committee Ordinance. The Community Preservation Committee shall from time to time review the administration of this section and make recommendations as needed for changes to this section and in administrative practice to improve the operations of the Community Preservation Committee. This section may be amended from time to time by the City Council, provided that the amendments do not conflict with MGL Chapter 44B.

G. Community Preservation Act surcharge. Applications for exemption from the Community Preservation Act surcharge must be filed with the Board of Assessors three months after actual (not preliminary) tax bills are mailed for the fiscal year in the year in which the exemption is sought.

[Added 6-18-2014 by Ord. No. 126]

§ 15-23 Conservation Commission.

A. Composition. There shall be a Conservation Commission consisting of seven members.

B. Authority and responsibilities. The purpose of the Conservation Commission is to protect, promote and enhance the quantity and quality of the natural resources within the City, especially wetlands, wildlife and water resources, through planning, acquisition, land management, regulation, scientific research and public education. The Commission may conduct research into its local land areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes.

C. The Conservation Commission may receive gifts, bequests or devises of personal property or interests in real property in the name of the City, subject to approval of the Mayor. The Commission may receive monetary gifts for development of a Conservation Fund, and expend the same, subject to the General Laws and the approval of the Mayor.

D. The Conservation Commission is responsible for the implementation and enforcement of the provisions of MGL c. 131, §§ 40 and 40A, in protecting floodplains, sea coasts and other wetlands within the City, in accordance with the General Laws and Chapter 287, Wetlands Protection, of the City Code, and it shall have the powers, duties and responsibilities given to Conservation Commissions by MGL c. 40, § 8C.

[Amended 2-16-2016 by Ord. No. 013]

E. The Conservation Commission is responsible, with the Open Space and Recreation Committee, for the development and adoption of the City's Open Space and Recreation Plan, subject to City Council approval. The Commission may adopt policies and promulgate land management plans for properties of the City granted to or reserved for conservation purposes.

§ 15-24 Contributory Retirement Board.

A. Composition. There shall be a Contributory Retirement Board which shall consist of five members. The City Auditor or other officer having similar powers and duties shall serve, ex officio, as a member of the Board, one member shall be appointed by the Mayor, which may be a City employee, two members shall be elected by the members in or retired from service of such system from among their number, and the fifth member, who shall not be an employee or retiree or official of the City of Beverly, shall be chosen by the other members. The terms of all members shall be for three years. [Note: See MGL c. 32, § 20(4)(b).]

[Amended 5-20-2024 by Ord. No. 046]

B. Authority and responsibilities. The Contributory Retirement Board shall have the powers and duties provided in Subdivision (5) of MGL c. 32, § 20, and shall be responsible for the management of the retirement system for the City of Beverly, subject to the requirements of General Laws Chapter 32 and to the oversight of the Commissioner of Public Employee Retirement as provided in MGL c. 32, § 21, and otherwise.

§ 15-25 Cultural Council.

A. Composition. There shall be a Cultural Council, to consist of 11 members. Members shall have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities, or interpretive sciences.

B. Authority and responsibilities. The Cultural Council decides the distribution of arts lottery funds or other funds that may be available to it, and may also conduct other activities to promote and encourage the arts, humanities, or interpretive sciences. The Cultural Council operates pursuant to the provisions of MGL c. 10, § 58, as amended.

§ 15-26 David S. Lynch Public Parks Fund, Trustees of.

A. David S. Lynch Public Parks Fund. The legacy bequeathed to the City by the late David S. Lynch shall be known as the "David S. Lynch Public Parks Fund."

B. Composition; appointments; terms; compensation; officers; vacancies. The David S. Lynch Public Parks Fund shall be administered by a board of seven trustees, serving without compensation, one of whom shall be the Director of Engineering, Commissioner of Public Services, Public Works, of the City by virtue of the Director's office, and one member of the Beverly Improvement Society to be chosen annually by the Mayor from a list of three members submitted by that body. The other five members shall be appointed by the Mayor, subject to confirmation by the City Council, the original appointment being one member to serve until the first day of October, 1959, and one member to serve until the first day of October in each succeeding year up to 1963; thereafter, all such appointments shall be for terms of five years. Vacancies may, in like manner, be filled for the unexpired term.

[Amended 5-20-2024 by Ord. No. 046]

C. Authority and responsibilities. The Board of Trustees of the David S. Lynch Public Parks Fund shall have the power to expend from the income of such fund and, in addition thereto, $50,000 from the principal for capital improvements only, the remainder to be left intact and only the interest to be used, and in accordance with the terms of the will of David S. Lynch, such sums of money as are voted from time to time by a two-thirds majority vote of the entire board, subject to approval by the Mayor and City Council. The Board of Trustees of the David S. Lynch Public Parks Fund shall keep a record of its doings and at the close of each municipal year shall make a report thereof to the Mayor and City Council. The Commissioners of Trust Funds of the City shall have the custody of, and invest and distribute in accordance with the lawful vote of the Board of Trustees of the David S. Lynch Public Parks Fund, the income and $50,000 of the principal of the David S. Lynch Public Parks Fund.

§ 15-27 Design Review Board.

[Amended 2-16-2016 by Ord. No. 013; 5-20-2024 by Ord. No. 046]

A. Composition. The Mayor shall appoint, subject to confirmation by the City Council, a Design Review Board to consist of seven members: one member shall be a representative from the Department of Planning and Development, one member from the Planning Board, one member from the Board of Appeals, but not an alternate member, one member from the Historic Districts Commission, and the remaining three members shall include, if possible, one architect, one architect or landscape architect or graphic designer and one business or property owner from the City. The members appointed by the Mayor shall serve for terms of three years, such that the term of one member expires each year. Vacancies shall be filled by appointment by the Mayor and confirmation by the City Council for the unexpired term.

B. Authority and responsibilities.

(1) Purpose. The Design Review Board shall review items for which building permits are sought and all proposals before the City Council, Board of Appeals, or Planning Board when such permits or proposals concern projects involving new construction or additions amounting to a twenty-five-percent or greater expansion of existing structures as set forth in Chapter 300, Zoning, of the City Code in the Central Business (CC), Neighborhood Commercial (CN), General Commercial (CG), Restricted Industrial (IR), General Industrial (IG), and Waterfront District (WD) zones.

(2) Additionally, the Design Review Board will review all projects which involve Industrial Development Finance Authority loans, and those projects involving special permits and zoning variances in the CC, CN, CG, IR, IG, and WD Zones at the request of the Director of Municipal Inspections, Director of Planning and Development, Planning Board, Councilors, or Mayor. The Design Review Board shall review any new construction or rehabilitation projects as described in Chapter 300, Zoning, in any commercial, industrial, or WD zoning district.

(3) The Design Review Board shall also review all signs requiring a sign permit from the Director of Municipal Inspections. The recommendations of the Design Review Board will be made in order to help guide physical changes, so that the changes shall carry out the design objectives of the Waterfront Revitalization Phase II Report (pp. 4, 5, and 6) of the Harbor Management Authority as may be amended from time to time, the building treatment recommendations of the Downtown Revitalization Plan (pp. 103-124), and the general guidelines of the Beverly Sign Ordinance.[1]

[1] Editor's Note: See Ch. 300, Zoning, Art. XI.

(4) The Design Review Board shall review any other projects referenced in Chapter 300, Zoning, § 300-22, of the City Code.

C. Recommendation procedure. The Design Review Board shall, in cases where the Planning Board, Zoning Board of Appeals, or City Council is involved, formally notify such multiple-member body of a recommendation at least 14 days before a decision (vote or other action) is to be made. A representative from the Department of Planning and Development may, in appropriate cases, act as spokesman for the Design Review Board and forward such recommendation to the appropriate board. In cases of building improvements or sign proposals under the Design Review Board's jurisdiction where no Planning Board or Board of Appeals action is necessary, a representative from the Department of Planning and Development shall formally notify the Director of Municipal Inspections of a recommendation before the applicant in question may obtain the necessary permits. In such cases, the Director of Municipal Inspections shall be notified of a Design Review Board recommendation within 14 days of building permit application and shall deny the building permit unless the Design Review Board approves.

§ 15-28 Disabilities, Commission on.

[Amended 11-21-1988 by Ord. No. 431]

A. Composition. There is hereby established a Commission on Disabilities to consist of seven members, all of whom shall be residents of the Commonwealth of Massachusetts, the majority of whom shall be people with disabilities, one such member shall be a member of immediate family of a person with a disability, and one such member shall be a City employee in the Department of Municipal Inspections, and one such member may be the Director of Diversity, Equity, Inclusion and Belonging or their designee. Section 15-8B(1) shall not apply as it pertains to the requirement that the member be a resident or registered voter.

[Amended 5-20-2024 by Ord. No. 046]

B. Authority and responsibilities. The Commission on Disabilities shall act in an advisory and consulting capacity to the Mayor, City Council, City departments and other interested organizations, relative to any and all matters concerning physically and mentally handicapped individuals. Except as otherwise provided in the Charter or by ordinance, it shall have the powers, duties and responsibilities given to a Commission on Disabilities by MGL c. 40, § 8J.

§ 15-29 Economic and Community Development Council.

[Amended 12-6-1993 by Ord. No. 548; 2-9-2005 by Ord. No. 12; 10-6-2014 by Ord. No. 177]

A. Composition. There is hereby established an Economic and Community Development Council to consist of 17 members. The members shall be appointed as follows:

(1) Ex officio (to serve by virtue of their office): the Director of Engineering, Commissioner of Public Services, Public Works (or designee), the Director of Planning and Development (or designee), and the Economic Development Planner.

(2) Appointed by the Mayor and coterminous with the Mayor: a member at large with industrial experience, a member at large with financial investment experience, a member at large with publishing and media experience, a member at large with arts, culture or entertainment experience, a member at large with hospitality experience, a member at large with high technology or life science experience, a member at large with higher education experience, a member at large with health-care experience, a member at large with housing development experience, and three members from the community, and a representative of the Chamber of Commerce.

(3) The City Council shall elect, by a majority vote, a member from its own number.

B. Authority and responsibilities. The mission of the Economic and Community Development Council (ECDC) is to enhance the City's economic infrastructure by facilitating investments that build capacity, create jobs, generate economic opportunity and ultimately improve quality of life. The Council shall advise the Mayor in the development of an economic development and community development policy for the City of Beverly and in the creation and implementation of strategic planning initiatives that will effectuate said policy. In order to ensure the City's economic development goals are achieved, the ECDC will advise the Mayor on the development and implementation of specific economic development programs, support development projects aligned with City goals and objectives, advocate for changes to regulations and procedures, and develop methods to attract and retain business.

C. Staff. The Director of Planning and Development shall provide staff assistance to the Economic and Community Development Council, as requested by that body.

§ 15-30 Emergency Management Department.

[Amended 2-16-2016 by Ord. No. 013]

A. Establishment, composition. There is hereby established an Emergency Management Department comprised of six members. Such department shall consist of the Director of Emergency Management, a representative of the Board of Health, a representative of the American Red Cross, a representative of the Beverly Hospital, a physician, and a registered nurse (with either medical or rescue experience).

B. Authority and responsibilities. The Emergency Management Department has the duty to oversee the City's emergency management services program and to make continuous recommendations to the Mayor and the City Council.[1]

[1] Editor's Note: Original § 7.22 of the Code of Ordinances, Emergency Medical Services Commission, which immediately followed this section, as amended, was repealed 2-16-2016 by Ord. No. 013.

§ 15-31 Emergency Planning Committee.

[Amended 10-3-1988 by Ord. No. 259]

A. Establishment. There is hereby established an Emergency Planning Committee. Such Committee shall serve without pay and shall consist of the Director of Civil Defense, such other department heads and such other persons as the authority appointing the Director may deem necessary. Such member of the Committee as the appointing authority shall designate shall serve as Chairman of the Committee. The Committee shall be responsible for establishing and maintaining an emergency operations plan for the City.

B. Emergency operations plan.

(1) The emergency operations plan will include, but not be limited to: hazardous materials, hurricanes, floods, earthquakes, tornadoes and other potential incidents that threaten the City.

(2) The emergency operations plan will include, but not be limited to:

(a) A description of problems which are likely to occur, including locations and technical data related to those problems and locations.

(b) A description of manpower and equipment which will be required to deal with those problems, the locations, telephone numbers, etc., and a complete resources file on officials of other governmental, military and volunteer organizations.

(c) The designation, for each emergency individuality, of a command center and operations chief, whose authority will only be subject to the Mayor.

(d) Separate, written general operations for each department.

C. Termination. This section shall remain in force during the effective period of Chapter 639 of the Acts of 1950 and any act in amendment or continuation thereof or substitution therefor.

D. References to state law. All references to Chapter 639 of the Acts of 1950, as now in force, shall be applicable to any act or acts in amendment or continuation of or substitution for Chapter 639 of the Acts of 1950.

§ 15-32 Financial Forecasting Committee.

[Added 2-16-2016 by Ord. No. 013]

See Chapter 26, Elective Offices, § 26-18.

§ 15-33 Harbor Management Authority.

A. Composition. There is hereby established in the City of Beverly a Harbor Management Authority which shall consist of 11 persons, nine of whom shall be appointed by the Mayor subject to confirmation by the City Council and two of whom shall be members of the City Council appointed by majority vote of said Council.

B. Authority and responsibilities. The Authority is hereby authorized and empowered:

(1) To review and comment on all proposed waterfront development projects within the Waterfront District zoning district.

(2) To implement a comprehensive master plan for Beverly Harbor, to be called the "Beverly Harbor Management Plan."

(3) To work with the Harbormaster in enforcing the rules and regulations of the Beverly Harbor.

(4) To research, publicize and assist in the complementation of rules and regulations of the Department of Environmental Protection promulgated under the provisions of Chapter 91 of the General Laws and the licensing procedures of the Army Corps of Engineers.

(5) To provide for the orderly placement or arrangement of existing and future moorings in the harbor in cooperation with the Harbormaster.

(6) To act as liaison between the City of Beverly and the Army Corps of Engineers, Division of Wetlands and Waterways of the Department of Environmental Protection, and the Massachusetts Office of Coastal Zone Management; to work directly with the Army Corps of Engineers in determining the future of the federal channel project.

(7) To review and make recommendations on proposed zoning changes for land bordering the Beverly Harbor.

(8) To meet at least once a month.

(9) To apply for, receive, and administer grants or subsidized funding from any state and federal agency, and to utilize all accepted financial policies to raise revenues for the planning, construction, or financing of any project on the harbor or for the hiring of staff or office and support materials.

(10) To prepare an annual budget.

(11) To expend, without further appropriation, within the limit of its budget moneys received from licensing or permit fees and leasing activities.

(12) To administer the operation of the public pier facility and all future public facilities on the Beverly Harbor.

C. Geographic jurisdiction. The geographic jurisdiction of the Harbor Management Authority is as follows:

(1) All areas of the tidal zones, not land areas, but only the tidal zones known as "Trust lands" by the Department of Environmental Protection, in that part of the City zoned Waterfront District; and all other tidal zones where moorings or piers exist.

(2) The federal channel, within Beverly Harbor, as determined by the Army Corps of Engineers.

(3) All current and future mooring areas within the oceanic boundaries, shown on United States Geographic Survey maps, of the City of Beverly.

D. Review by City Council; minutes. The City Council may revoke any and all acts of the Authority by a two-thirds vote taken within 30 days of such act. The Authority shall transmit to the Clerk of the City Council the minutes of each meeting within seven days.

§ 15-34 Hazardous Waste Oversight Committee.

A. Composition.

(1) There shall be a Hazardous Waste Oversight Committee to consist of three members. The membership shall include one chemist, one attorney, and one member of the general public, knowledgeable in hazardous substances.

(2) The Mayor shall designate the Fire Chief or the Public Health Officer to be the municipal coordinator as set forth in MGL Chapter 111F, Hazardous Substances Disclosure by Employers.

B. Authority and responsibilities.

[Amended 5-20-2024 by Ord. No. 046]

(1) The Hazardous Waste Oversight Committee shall act in an advisory and technical consulting capacity to the Mayor, City Council, Board of Health, Fire Department and other interested City departments, boards, committees or commissions and to the residents of the City, relative to any and all matters concerning hazardous or toxic substances and the use or disposal thereof, and the ultimate effect such chemical constituents shall have upon the environment of the City.

(2) The Committee shall address itself to the following matters dealing with hazardous or toxic substances:

(a) Implement the state Right to Know Law, MGL Chapter 111F.

(b) Employer MSDS reporting.

(c) Answer resident "right to know" inquiries.

(d) Establish committee hazardous waste and toxic substances policy.

(e) Oversee work performed by environmental consultants retained to implement Chapter 111F.

(f) Review monthly bills for services rendered.

(g) General supervision and guidance provided for environmental consultants.

(h) Establish monthly mechanism of reviewing resident inquires.

(i) Technical review of specific environmental issues.

(j) Review anticipated changes of Chapter 111F.

(k) Oversee, with technical support and guidance, all issues dealing with hazardous waste and toxic substances within the City.

(l) Work as the technical oversight committee with the Board of Health on issues dealing with hazardous waste and toxic substances.

(m) Be a resource committee for the City to review and make advisory recommendations to the Mayor and City Council relative to hazardous waste incidents within the community.

(n) Be a technical resource committee for the Fire Department when it is involved with hazardous waste or toxic substance incidents.

§ 15-35 Health, Board of.

A. Composition. There shall be a Board of Health consisting of three persons. One member of the Board of Health shall be a physician.

B. Authority and responsibilities. Except as otherwise provided in the Charter or by ordinance, the Board of Health shall have and may exercise all of the powers, duties and responsibilities given to local health authorities by General Laws Chapter 111 and by all applicable provisions of the Code of Massachusetts Regulations. It may make all regulations which it may deem necessary in regard to the removal and abatement of filth, rubbish, nuisances and causes of disease.

C. Records. A full record shall be kept of all votes and acts of the Board of Health, which record may be examined at any time by the Mayor or by any committee of the City Council.

§ 15-36 Historic Districts Commission.

A. Establishment; powers and duties; composition.

(1) In accordance with the Historic Districts Act, MGL Chapter 40C, as amended, there is hereby established the Beverly Historic Districts Commission, which shall have all powers and duties of an historic district commission under the General Laws.

(2) All members and alternate members of the Commission shall be appointed by the Mayor, subject to confirmation by the City Council. The Commission shall consist of not less than five members nor more than seven members and up to three alternate members, including one member, where possible, from two nominees submitted by the Beverly Historical Society; one member, where possible, from two nominees, one of whom shall be submitted by the Massachusetts Chapter of the American Institute of Architects and one of whom shall be submitted by the Boston Society of Landscape Architects; and one member, where possible, from two nominees submitted by the Greater Salem Board of Realtors. The Commission shall include one or more residents of or owners of property in an historic district to be administered by the Commission.

(3) When the Commission is first established, two members shall be appointed for a term of one year, two shall be appointed for a term of two years, and three shall be appointed for a term of three years and their successors shall be appointed in like manner for terms of three years. When the Commission is first established, one alternate member shall be appointed in like manner for a term of one year, one alternate member shall be appointed for a term of two years and one alternate member for a term of three years and their successors shall be appointed in like manner for terms of three years. All vacancies shall be filled in like manner for the unexpired terms.

(4) All members of the Commission shall serve without compensation.

(5) The Commission shall elect annually a Chairman and Vice Chairman from its own number and a Secretary from within or without its number.

B. Meetings; quorum; time for action. Meetings of the Historic Districts Commission shall be held at the call of the Chairman and shall be called at the request of two members of the Commission and in such other manner as the Commission shall determine in its rules. A majority of the members of the Commission shall constitute a quorum. When taking action under the provisions of the fourth paragraph of Section 11 of the Historic District Act (MGL c. 40C, § 11), the Commission shall make its determination within 60 days after the filing of the application for a certificate of appropriateness, or such further time as the applicant may in writing allow.

C. Authority and responsibilities. Except as otherwise provided by the Charter or by ordinance, the Historic Districts Commission shall have and may exercise all powers and duties of an historic district commission as provided in General Laws Chapter 40C.

D. Adoption of rules and regulations; employment of technical personnel. The Historic Districts Commission shall adopt rules and regulations for the conduct of its business not inconsistent with the provision of the Historic Districts Act, MGL Chapter 40C, as amended. The Historic Districts Commission may, subject to appropriation, and with the consent of the Mayor, employ clerical and technical assistants and consultants and incur other expenses appropriate to carrying on its work, and may accept money gifts and expend the same for such purposes.

E. Exclusions from Commission review. The following categories of buildings or structures or exterior architectural features may be constructed or altered within an historic district without review by the Commission:

(1) Temporary structures or signs; subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the Commission may reasonably specify.

(2) Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level. This is not to be construed as to include parking lots.

(3) Storm doors and windows, screens, window air conditioners, lighting fixtures, antennas, and similar appurtenances, or any one or more of them.

(4) Colors for use on buildings and roofs.

(5) Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and, if illuminated, is illuminated only indirectly; and one sign in connection with the nonresidential use of each building or structure which is not more than 12 square feet in area, consists of letters painted on wood without symbol or trademark and, if illuminated, is illuminated only indirectly; or either of them.

(6) The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence.

§ 15-37 Human Rights Committee.

[Added 10-19-2015 by Ord. No. 453; amended 5-20-2024 by Ord. No. 101A; 9-23-2024 by Ord. No. 101B]

A. Establishment; composition.

(1) There is hereby established a Human Rights Committee. This Committee shall consist of 11 members. The Committee shall also include one member from the City administration and one member from the School Department. Members of the Committee serve without compensation and shall be appointed by the Mayor, subject to confirmation by the City Council, for a term of three years and a maximum term limit of six consecutive years; provided, however, that an individual who has served for six consecutive years may be appointed to the Committee again after at least one year of not serving on the Committee.

(2) The membership shall, so far as practicable, be so selected as to provide broad representation from the community, including but not limited to individuals with experience, either lived or learned, in advocating for civil and human rights, business, education, immigration, labor, law, law enforcement, public health, and religion.

(3) Committee members who are appointed by virtue of their status as a City or a school employee shall not be required to be residents. Committee members shall not be required to be registered voters of the City. Up to two members may be under the age of 18, as long as they are at least 16 years old.

B. Purpose. The Committee shall actively seek to enhance equal justice, inclusivity, and human rights for all members of our community.

(1) The Committee serves as a resource to the City of Beverly and the public. The Committee may provide education and support on human rights, diversity, and inclusivity, with the goal of raising awareness and sensitivity to matters of human and civil rights.

(2) The Committee may provide the public with contact to agents of the Massachusetts Commission Against Discrimination, the Office of the Attorney General, the Beverly Police Department, and other appropriate federal, state, and local agencies.

(3) The Committee shall meet a minimum of four times each year.

(4) The Committee may conduct ongoing campaigns and host free public events each year to facilitate public education on diversity, anti-discrimination and inclusive community building as relevant to Beverly.

(5) The Committee shall not operate as an adjudicatory body.

§ 15-38 Industrial Development Finance Authority.

A. Composition. There shall be an Industrial Development Finance Authority consisting of five members as provided in MGL Chapter 40D. The members of the Industrial Development Finance Authority shall be appointed by the Mayor for terms of three years each. At least one director shall be experienced in financial matters, one in real estate matters, and one in municipal government.

B. Authority and responsibilities. The Industrial Development Finance Authority is responsible for coordinating and approving industrial development projects for financing by means of tax-exempt industrial development finance bonds. The Industrial Development Finance Authority acts pursuant to the provisions of General Laws Chapter 40D. The City, acting by and through its Authority, and the Mayor, is authorized and empowered to borrow money in furtherance of the purposes of General Laws Chapter 40D, and to evidence the same by the issuance of bonds.

§ 15-39 Library Trustees, Board of.

A. Composition. The custody, management and control of the public library and reading rooms, and all property of the City relating thereto, subject to the provisions of the Charter relating to trust funds, shall be vested in a board of trustees consisting of nine persons, residents of the City, who shall serve without compensation.

B. Appointment; terms. The Mayor shall appoint annually in January, subject to the confirmation of the City Council, three Trustees, whose terms of office shall be for three years, but who shall, however, continue to serve thereafter until their successors are appointed and confirmed.

C. Chairman; Secretary. The Board of Trustees shall organize annually immediately after the qualification of the Trustees newly appointed by the choice of a Chairman and Secretary from its own number, and shall from time to time prescribe regulations for the government of the library.

D. Authority and responsibilities.

(1) Appropriations and donations. All money appropriated by the City Council for the support and maintenance of the library, and all money or property that the City or library may receive by donation from any source or by devise or bequest on behalf of the library, shall be expended under the direction of the Board of Library Trustees for its support and maintenance, in accordance with the conditions of each donation, devise or bequest accepted by the City.

(2) Report to City Council. The Board of Library Trustees shall, annually, make a written report to the Mayor of its doings for the preceding year, and shall include therein a statement of all of the property of the City in its care and custody, and of all devises, bequests and donations which have been made to or are being held by the City in behalf of the library, together with such recommendations as may be deemed proper.

E. Employee vacations. Notwithstanding the provisions of any other ordinance to the contrary, the Board of Trustees is empowered to determine the vacation period of its employees.

§ 15-40 Licensing Board.

A. Composition. The Mayor shall appoint three persons to serve as a licensing authority for the City pursuant to the provisions of MGL c. 138, § 4, and MGL c. 140, § 1. The members of the Licensing Board shall be persons who have been resident in the City for at least two years prior to the date of their appointment, and who are not engaged, directly or indirectly, in the manufacture or sale of alcoholic beverages. One member shall be appointed from each of the two leading political parties and the third member may also be appointed from one of said political parties. The terms of office of members shall be three years.

B. Authority and responsibilities. The Licensing Board may grant licenses relating to alcoholic beverages under Chapter 138 of the General Laws and those licenses under Chapter 140 of the General Laws which are not, by the provisions of said chapter, placed within the jurisdiction of another municipal officer or agency, and shall have all the powers and duties of a licensing authority under said chapters. The Licensing Board is an advisory and regulatory committee of the City.

§ 15-41 Open Space and Recreation Committee.

[Amended 4-21-1999 by Ord. No. 41]

A. Establishment; composition; term of office; vacancies. There is hereby established the Beverly Open Space and Recreation Committee consisting of 12 members, six of whom shall be appointed by the Mayor and six of whom shall be appointed by the City Council. Of the six members appointed by the Mayor, two will be at-large, one shall be a member of the Conservation Commission, one shall be a member of the Planning Board, one shall be a member of the Parks and Recreation Commission, and one shall be a member of the Beverly Harbor Management Authority. If a member of a particular board is not available, the Mayor shall appoint a person with similar expertise. The Mayor shall assign an employee of the Planning Department to the Committee as resource person and liaison to City government. Of the six members appointed by the City Council, one shall reside in Ward I, one shall reside in Ward II, one shall reside in Ward III, one shall reside in Ward IV, one shall reside in Ward V, and one shall reside in Ward VI, and they shall be nominated by their respective Ward Councilor. All members shall be residents of the City and shall not be in the employ of the City of Beverly. Each of the Council appointees shall have a demonstrated interest in preserving open space/recreation. All appointments shall be for three-year terms. All appointments shall be subject to review by the City Council. Vacancies shall be filled by the appropriate appointing authority for the remainder of the unexpired term. The appointing authority may remove a member for failure to fulfill the duties and responsibilities of the office. The Committee shall organize, annually, by electing a Chairperson, Vice-Chairperson and Recording Secretary from its membership.

[Amended 2-16-2016 by Ord. No. 013]

B. Authority and responsibilities.

(1) The Open Space and Recreation Committee shall act as an advisory committee to the Mayor, City Council, City departments, private organizations and the general public on matters concerning open space and recreation and shall have no budgetary powers.

(2) A majority of the appointed members presently named and serving on the Committee shall constitute a quorum, and no meeting shall be continued without a quorum present. A majority of the members presently named and serving on the Committee shall be necessary for the approval or disapproval of any matter.

(3) Upon its formation, a mission statement shall be formulated and reviewed from time to time as the Committee shall deem proper.

(4) The Committee shall adopt rules and regulations for keeping accurate minutes and the conduct of its proceedings.

(5) The Committee shall appear before the City Council in the month of October and present an annual report.

[Amended 10-16-2017 by Ord. No. 496]

(6) The Committee's functions shall include, but are not limited to, the following:

(a) Prepare and from time to time update a five-year open space and recreation plan for current and future use.

(b) Prepare a continuing inventory of open space in the City.

(c) Research and recommend financing alternatives for acquisition and preservation of open space and the development of recreational facilities, including the impact on the City budget.

(d) Set criteria for prioritizing open space acquisition, recreational facility development, and redevelopment for current and future use.

(e) Explore creative strategies to preserve open space.

(f) Recommend any changes in state and local laws to facilitate acquisition and preservation of open space.

(g) The Open Space and Recreation Committee will structure ad-hoc committees, as needed, to address specific objectives of the Committee, and shall recruit, as needed, members to serve in a nonvoting advisory capacity.

§ 15-42 Parking and Traffic Commission.

A. Composition. The Parking and Traffic Commission shall consist of nine members to be appointed as follows: the Chief of Police or the Chief's designee, the Chief of the Fire Department or the Fire Chief's designee, the Planning Director or the Planning Director's designee, the Commissioner Public Services and Engineering or the Commissioner's designee, a representative from the Beverly Chamber of Commerce, two residents appointed by the Mayor and two residents appointed by the City Council. The Mayoral and Council appointees shall include, if possible, a traffic engineer, transportation engineer/planner, or parking and traffic consultant. The terms of all members shall be for three years, so arranged that the representatives of the Police and Fire Departments shall expire in one year, the representatives of the Planning Department and the Beverly Chamber of Commerce shall expire in another year, and the representative of the Mayor's office and the residents appointed by the City Council shall expire in a third year. Vacancies shall be filled by the appropriate entity for the balance of the then-unexpired term.

[Amended 3-20-2017 by Ord. No. 328; 5-20-2024 by Ord. No. 046]

B. Authority and responsibilities.

[Amended 3-10-2005; by Ord. No. 44; 11-23-2007 by Ord. No. 224]

(1) The Parking and Traffic Commission is established to control and regulate the present municipal lots, both owned and rented by the City (which control and regulation is subject to the approval of the Mayor and City Council), and to monitor and make recommendations regarding traffic flow and patterns within the City of Beverly.

(2) The Parking and Traffic Commission shall have the power to direct funds from parking meter receipts into directional signage and parking lot repairs, maintenance and beautification, subject to the recommendation of the Mayor and the approval of the City Council.

(3) The Parking and Traffic Commission shall study and make surveys and recommendations to the Mayor, City Council, and municipal boards and commissions pertaining to the development of new parking areas, the impact of new development on traffic patterns, and rules and regulations pertaining to parking and traffic, including loading zones, etc.

§ 15-43 Parks and Recreation Commission.

A. Established; appointment of members; compensation. There is hereby established a Parks and Recreation Commission. This Commission shall consist of nine members, serving without compensation, who shall be appointed by the Mayor, subject to confirmation by the City Council.

[Amended 3-25-1998 by Ord. No. 91]

B. Composition; terms; vacancies. The Parks and Recreation Commission shall consist of four members who have a background in recreation, two members who have a background in maintenance of parks and playgrounds, and three members at large. The members first appointed shall serve staggered terms, and their successors shall be appointed for terms of four years each.

[Amended 3-25-1998 by Ord. No. 91]

C. Organization; rules and regulations for conduct of public parks and recreation. The Commission shall have the power to adopt bylaws, rules and regulations for the proper conduct of public recreation, parks and playgrounds, subject to such changes as the Mayor and City Council may from time to time adopt.

[Amended 5-20-2024 by Ord. No. 046]

D. Powers and duties.

(1) The Parks and Recreation Commission shall provide, conduct and supervise activities at public playgrounds, playfields, indoor recreation centers and recreation areas and facilities, except Hurd Stadium, which shall be the responsibility of the School Department. It may conduct such activities on property under its own control, on public properties with the consent of the authorities thereof, and on private properties with the consent of the owners. It shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner.

(2) The Parks and Recreation Commission shall have charge of capital improvement programs of all parks, the Common, beaches and playgrounds, including Cooney Field but excepting Hurd Stadium, which shall be the responsibility of the School Department.

(3) The Parks and Recreation Commission shall have the care, control and charge of all parks, playgrounds and public domain, including the Common and Soldiers' Monuments lot, except Hurd Stadium, which shall be the responsibility of the School Department. The Commission may furthermore, subject to appropriations and orders first made by the City Council, take land within the City limits in fee or otherwise by gift, purchase, or by right of eminent domain, or by lease, and maintain the same as a public playground. All proceedings in reference to such taking of land for parks or playgrounds, and with reference to damages connected with the same, shall be in accordance with the provisions of law.

E. Administrator and other personnel. The Parks and Recreation Commission shall have the power to appoint or designate someone to act as Administrator of Parks and Recreation who shall be trained and properly qualified for the work, and such other personnel as the Commission deems proper. The Administrator shall be a resident or shall become a resident within one year.

[Amended 5-20-2024 by Ord. No. 046]

F. Submission of annual budget. The Parks and Recreation Commission shall annually submit a budget to the Mayor and City Council for their approval.

G. Reports. The Parks and Recreation Commission shall make an annual report on or before the first day of February to the Mayor and the City Council, and shall make such other reports as from time to time may be requested.

§ 15-44 Planning Board.

A. Composition. There shall be a Planning Board to consist of nine members.

B. Authority and responsibilities.

(1) In general. The duties of the Planning Board shall be such as are stated in MGL c. 41, §§ 70 to 72, and in MGL c. 41, §§ 81A through 81GG. The Planning Board shall also further consider and advise upon municipal improvements either at the request of other officials of the City or upon its own initiative. The Board shall meet at regular intervals. It may also hold public meetings. It shall at times have access to all public documents or information in the possession of any City official or department. It shall examine the plans for the exterior of any public building, monument or similar feature, and for the development and treatment of the grounds about the same before the adoption thereof, and may make such recommendations thereof as it may deem needful. It may make investigations and studies relative to new street and park developments. It may provide for public lectures and other educational work in connection with its recommendations. The Board may incur expenses necessary to carry on its work within the amount of its annual appropriations.

(2) Annual reports. The Planning Board shall make a report to the City annually, giving information regarding the conditions of the City and any plans or proposals for the development of the City and estimates of the cost thereof. Such report shall be sent to the Mayor not later than January 15 in each year.

(3) Reports of Planning Board required on certain subjects. All plans for laying out, extending, discontinuing or changing the limits of any way, street, public park or square, every purchase of land for the site of any public building, and all plans for the location, erection or alteration of public buildings shall be submitted to the Planning Board for its opinion at least two weeks in advance of action by the Mayor or the City Council.[1]

[1] Editor's Note: Original Subsection (b)(iv), Subdivisions of land, which immediately followed this subsection, was repealed 2-16-2016 by Ord. No. 013.

C. Appointment; terms. The Mayor shall appoint, subject to confirmation by the City Council, a Planning Board to consist of nine members. Annually, the Mayor shall appoint, as the terms of the present members expire, subject to confirmation by the City Council, three members of the Planning Board, who shall hold office for terms of three years from the time of their appointment.

D. Vacancies. Vacancies occurring in the Planning Board shall be filled by appointment by the Mayor for the unexpired term, subject to confirmation by the City Council.

E. Duties; meetings. The duties of the Planning Board shall be such as are stated in MGL c. 41, §§ 70 to 72, and further to consider and advise upon municipal improvements either at the request of other officials of the City or upon its own initiative. The Board shall meet at regular intervals. It may also hold public meetings. It shall at times have access to all public documents or information in the possession of any City official or department. It shall examine the plans for the exterior of any public building, monument or similar feature, and for the development and treatment of the grounds about the same before the adoption thereof, and may make such recommendations thereof as it may deem needful. It may make investigations and studies relative to new street and park developments. It may provide for public lectures and other educational work in connection with its recommendations. The Board may incur expenses necessary to the carrying on of its work within the amount of its annual appropriations.

F. Service without compensation. The members of the Planning Board shall serve without compensation.

G. Report. The Planning Board shall make a report to the City annually, giving information regarding the conditions of the City and any plans or proposals for the development of the City and estimates of the cost thereof. Such report shall be sent to the Mayor not later than January 15 in each year, and a copy thereof shall be filed with the Division of Planning of the Department of Commerce.[2]

[2] Editor's Note: Original Subsection (h), Changes to be submitted to Board, which immediately followed this section, was repealed 2-16-2016 by Ord. No. 013.

H. Requirement for acceptance of subdivisions. No subdivision shall be accepted by the Planning Board until after approval of the drainage system by the Director of Engineering and the Board of Health.

I. Earth removal. Chapter 300, Zoning, § 300-21, Removal of sod, loam and gravel, shall apply to all earth removal activities in the City, except those undertaken on public land and except as otherwise limited herein. No permit from the Board of Appeals shall be necessary for the removal of any soil, sod, loam, sand, gravel, or other mineral matter which is to be removed in compliance with the requirements of a residential, commercial or industrial subdivision plan approved by the Planning Board. Excavation of soils is subject to the Sediment Control and Materials Management Ordinance as well as the drainage alteration permit.

J. Width and grade of streets. No street or way shall be laid out as a public way by the City Council of a width less than 40 feet nor unless the same is in condition for public travel at a grade established by the Director of Engineering, Commissioner of Public Services, Public Works; provided, however, that any street or way in actual use on September 9, 1908, may be laid out as a public way by a vote of 2/3 of all the members of the City Council.

K. Plans to accompany petitions to lay out ways. Every petition for the laying out of any way shall be accompanied by a suitable plan thereof showing the location of the bound stones.

L. Conditions prerequisite to acceptance of streets. No street shall be accepted unless the following conditions are complied with:

(1) Sewer, water, gas and surface drainage shall be installed in the proposed street and the same then shall be put in an acceptable condition before the acceptance of the proposed street by the City. If, in the opinion of the Director of Engineering, Commissioner of Public Services, Public Works, it is not practicable to install sewer or gas within a reasonable time, then the restriction as to sewer or gas may be waived by the Director.

(2) The developer or contractor shall construct five-foot sidewalks of hot top material, and the sidewalks shall be six inches above the gutter line.

(3) The contractor or developer shall construct the necessary surface drainage to take care of surface water under the direction of the Director of Engineering, Commissioner of Public Services, Public Works.

(4) Stone bounds shall be set in accordance with the rules and regulations of subdivision control.

§ 15-45 Registrars of Voters, Board of.

A. Composition. There shall be a Board of Registrars of Voters consisting of the City Clerk and three other persons. (See MGL Chapter 51.)

B. Members of the Board of Registrars of Voters shall be appointed by the Mayor for terms of three years each so that they represent the two leading political parties, and in no case shall an appointment be made so as to cause the Board of Registrars of Voters to have more than two members, including the City Clerk, of the same political party. Every such appointment shall be made from a list to be submitted by the City committee of the political party from the members of which the position is to be filled, containing the names of three enrolled members of such party resident in the City, selected by a majority vote at a duly called meeting of such committee.

C. Authority and responsibilities. The Board of Registrars of Voters hold voter registration sessions, certify the signatures on nomination papers and petitions, hold hearings and decide disputes over signatures on nomination papers, prepare an annual list of registered voters, and perform all other duties as cited in General Laws Chapter 51.

§ 15-46 Stormwater Management Advisory Committee.

[Amended 5-12-2008 by Ord. No. 86]

A. This section hereby establishes the Beverly Stormwater Management Advisory Committee consisting of eight members made up of representatives from the Engineering Department, Public Services Department, Municipal Inspections Department, Conservation Commission, Planning Department, Board of Health, Parks and Recreation Department and a resident representative. The Mayor shall appoint such members to the Committee.

[Amended 2-16-2016 by Ord. No. 013; 5-20-2024 by Ord. No. 046]

B. The Stormwater Management Advisory Committee shall advise the Director of Engineering in establishing and evaluating rules and regulations to further clarify and implement Chapter 249, Stormwater Management, of the City Code as well as coordinating activities and monitoring progress of the City's stormwater management plan. Additionally, a Stormwater Coordinator, as appointed by the Mayor, shall assist in coordinating the Committee's activities and the City's stormwater program.

§ 15-47 Trust Funds, Commissioners of.

A. Composition. There shall be a Board of Commissioners of Trust Funds consisting of three members.

B. Authority and responsibilities. The Board of Commissioners of Trust Funds shall, so far as is consistent with the purposes of any trust, manage and control all trust funds which are the property of the City and may from time to time invest and reinvest the same and shall distribute the income from such trusts in accordance with the terms of each such trust. Except as may otherwise be provided by City ordinance, the Board of Commissioners of Trust Funds shall have all of the other powers, duties and responsibilities imposed upon trust fund commissioners by General Laws and otherwise.

C. It is the policy of the City of Beverly that trust fund management be consistent with the legal requirements, including City ordinances, and spirit of each respective trust document and, to the maximum extent possible, realize the purposes the trusts were intended to achieve.

D. Trust fund management will be conducted with the primary objectives of:

(1) Conformance to each trust document's specified purpose, legal requirements, and administrative guidelines.

(2) Adherence to the City of Beverly general ordinance providing for the administration of city trusts.

(3) Preservation of capital.

(4) Maintenance of security of trust funds and investments.

§ 15-48 Veterans Advisory Committee.

[Amended 1-3-2017 by Ord. No. 280; 6-5-2017 by Ord. No. 401; 5-20-2024 by Ord. No. 046]

A. Establishment; composition. There is hereby established a Veterans Advisory Committee. This Committee shall consist of 13 total members serving without compensation, who shall be appointed by the Mayor, subject to confirmation by the City Council, for a term of three years. Initial appointments of members shall be for staggered terms. At least a majority of the total members shall at all times be veterans. The Director of Veterans' Services shall serve, by virtue of office, as a member of the Committee. The Veterans' Graves Officer appointed by the Mayor according to § 58-45 shall also serve as a member of the Committee. Members may be removed in accordance with the provisions of the City Charter. Full-time municipal employees are eligible to be appointed to the Veterans Advisory Committee.

B. Authority and responsibilities.

(1) The Veterans Advisory Committee shall act in an advisory capacity to the Mayor, City Council, and other interested departments, boards, commissions or committees and to the residents of Beverly relative to any and all matters concerning military veterans.

(2) A majority of the appointed members presently named and serving on the Committee shall constitute a quorum. A majority of the members presently named and serving on the Committee shall be necessary for the approval or disapproval of any recommendation.

(3) The Committee shall adopt rules and regulations for keeping accurate minutes of its meetings.

(4) The Committee's functions shall include, but are not limited to, the following:

(a) The Committee shall serve as a resource to the City of Beverly and the public. The Committee may provide education and support to help raise awareness on veteran-related matters.

(b) The Committee shall provide the public with contacts to agents of federal, state and local agencies that provide services to veterans and their families.

(c) The Committee shall assist The City of Beverly's Director of Veterans' Services in coordinating annual and ad hoc veteran-related community events, such as parades, remembrances or other such events.

(d) The Committee shall provide continuing oversight of the condition of each of the several veterans memorials of the City and shall from time to time, not less frequently than annually, file a report with the Director of Veterans' Services with recommendations as to any needed repairs, upkeep, maintenance and improvements to such memorials as in its judgment may be necessary or advisable. Whenever the Committee believes an expenditure of funds in excess of ordinary maintenance is required to be made, it shall submit its report containing such recommendation in time to be considered as part of the capital improvement plan.

§ 15-49 Youth Activities Commission.

A. Composition. There is hereby established a Youth Activities Commission to consist of seven members, one of whom shall be a member of the Parks and Recreation Commission. Section 15-8B(2) shall not apply.

[Amended 5-20-2024 by Ord. No. 046]

B. Authority and responsibilities.

(1) The Youth Activities Commission shall establish and carry on, and encourage others to establish and carry on, programs and activities designed to aid and improve the welfare of youth in the City. For such purposes, the Commission may conduct its activities on property under its control, on other public property under the control of other officers or boards, with the consent of such officers or boards, or on private property, with the consent of the owners; provided, however, that the Mayor and City Council approve the use of any such property. The Commission shall submit a quarterly progress report to the Mayor and City Council.

(2) The Youth Activities Commission shall keep a record of its doings and at the close of each municipal year shall make a report thereof to the Mayor and City Council of its accounts and proceedings, and of the condition of any buildings under its control, and an account of its receipts for the calendar year. All receipts collected by the Commission shall be paid to the City Treasurer weekly, to be deposited in the general fund. The Commission shall cooperate and coordinate its functions with any federal, state, municipal and private agencies concerned with any of the foregoing.

(3) Director and other employees. The Youth Activities Commission shall, subject to the consent of the Mayor, appoint such full-time and part-time assistants as the Commission, with the consent of the Mayor, determines is in the best interest of the work of the Youth Activities Commission, but such other employees shall only be paid by the Commission from its own earned receipts accounts unless otherwise specifically provided for at any other times.

§ 15-49.1 Bicycle and Pedestrian Advisory Committee.

[Added 12-18-2023 by Ord. No. 281]

A. Composition; terms of office.

(1) There shall be a Bicycle and Pedestrian Advisory Committee consisting of seven members, five of whom shall be appointed by the Mayor subject to confirmation by the City Council and two of whom shall be appointed by the City Council. The members first appointed shall serve staggered terms, and their successors shall be appointed for terms of three years each.

(2) The members of the Committee shall be people who take an active interest in bicycle and pedestrian issues and shall, so far as practicable, be so selected as to provide broad representation of the city's Wards and population demographic characteristics including age, gender, race/ethnicity, and socioeconomic status. Members may be removed in accordance with the provisions of the City Charter.

(3) The Mayor shall designate a City employee with expertise in planning, engineering, public services, sustainability, or other relevant field as ex officio advisor to the Committee, to act as resource person and liaison to City government.

B. Authority and responsibilities.

(1) The Bicycle and Pedestrian Advisory Committee shall act in an advisory and consulting capacity to the Mayor, City Council, and other interested departments, boards, commissions or committees and to the residents of Beverly relative to any and all matters concerning conditions for bicyclists and pedestrians in the City of Beverly.

(2) The Bicycle and Pedestrian Advisory Committee's functions shall include, but are not limited to, the following:

(a) Promote and inform strategic planning for City infrastructure that facilitates safe and effective use by bicyclists, pedestrians, and other vulnerable road users for transportation, commuting and recreation.

(b) Monitor and update as needed the Beverly Bicycle Infrastructure Plan in the Plan Beverly Master Plan. Proactively review and provide input to the roadway and paving and construction planning as well as current year plan.

(c) Promote connectivity for on- and off-road bicycle infrastructure and improved bicycle parking.

(d) Evaluate and propose policies and programs to improve safety and access for vulnerable road users, including infrastructure, education, and regional cooperation.

(e) Identify, propose, and support City staff in pursuing grant funding, outreach, and community partnerships related to improving conditions for bicyclists and pedestrians.

(f) Promote improved bicycle parking at businesses, multi-occupancy buildings, stores, shopping areas and recreation facilities.

(g) Partner with related municipal and advocacy groups and related entities.

(3) The Committee shall appear before the City Council at least once each year to present a verbal or written annual report on its activities and recommendations.

C. Meetings; Chairperson. The Bicycle and Pedestrian Advisory Committee shall meet no less than four times per year. The Committee may elect such other officers, adopt procedural rules and regulations and establish any subcommittee(s) as it deems appropriate.