NORTH ADAMS, Mass. — The City Council has a right to counsel — but the General Government Committee is weighing how much is enough.
The council had objected last year when the city switched over to KP Law as city solicitor, limiting council members' access to the Boston law firm. The council members had been used to contacting former City Solicitor John B. DeRosa, who'd been kept on retainer for 35 years before stepping down in March 2018.
Instead, the council had been limited to requesting opinions through the administration, which often provided answers based on state law but not on a legal opinion from the solicitor. Councilors were particularly irate last year that the administrative officer, who does not have a legal degree, should determine whether a query required an attorney's response.
They had pointed to the city's ordinances that state the solicitor "shall also appear as counsel" to governmental bodies or departments when requested by the City Council.
"The City Solicitor shall, whenever so required by the mayor, the City Council or any officer of the City government who may need the same in the discharge of official duty, furnish them or any of them with his legal opinion, upon any subject touching the duties of their respective offices," the ordinance reads.
With the administration pointing to the costs of such open access, the council approved a $5,000 budget in the fiscal 2020 budget to cover its legal queries.
The mechanism for making those queries was the focus of the General Government Committee on Monday. Chairman Paul Hopkins said he had reached out to Pittsfield Councilor at Large Peter White to see how that body functioned regarding the solicitor.
"So there was a perception during this term, initially, that individuals with significant training, but nonetheless without a law degree, were making the decision as to what constituted a question requiring a legal opinion, and therefore hindering — or the perceived hindering — of access to the solicitor," said member Jason LaForest, then referring to White's note to Hopkins, "I suppose that what we should do is just write into our home rules that the councilors may solicit an opinion from legal counsel, but that they should be diligent in doing that and mindful of the costs."
Committee member Joshua Moran, however, thought any referral to the solicitor should run through a selected individual, either the president of the City Council or a committee chairman. He didn't think the current councilors would be running to the phone for an opinion but he was concerned about future councilors using access to the solicitor as a way to defy a future administration or to run up a bill the city would have to pay.
"I just don't want someone receiving a paper on Thursday or Friday morning calling up the solicitor and being like this is an agenda item and I want to know about it in like two, three hours later," he said. "All of a sudden these bills are adding up."
Rather, he said, the council president, in consultation with the council, or a committee chairman with the backing of the committee could first seek feedback and then request an opinion if not satisfied with the administration's answer.
"I just don't want to see someone that disagrees with what the administration says constantly peppering them to try more and more and more to get an answer that they're not satisfied with," Moran said. Plus, he said, there had not been many times the council had sought a legal opinion on its work.
LaForest agreed it was a serious concern and that he also would prefer some sort of check on the access to the solicitor, as long as that limitation was within the council's purview. But, he noted, the language implies that the solicitor can be contacted individually so he wondered if it would require a council or home rule to amend that to "in consultation" with the council president.
The General Government Committee also agreed the $5,000 in funds would disappear quickly if the solicitor was continually contacted.
"I'm a big fan of having some level of checks and balances whenever tapping into financial resources of the council or city," said Councilor Benjamin Lamb, who attended the meeting. "So I think going through the president or through the chair are both valid approaches."
His preference was for a council rule, rather than an ordinance, because the solicitor may shift over time. Committee members also agreed with Hopkins that clarity was important, and considered that any request would go to the city clerk and be made out on a form that would specify the matter an opinion was being sought on. Moran said this would also be a way to track how often and what issues are being referred.
Lamb said any request should also be referred to the council president and to the mayor's office to ensure it isn't redundant.
"If I wanted it from the Community Development Committee, and I'm the chair of that committee, I shouldn't be approving my own request," he said. "I should be getting it through the [president] of the Council."
The committee agreed to drafting a form for requesting a legal opinion at its next meeting before making any recommendations to the full City Council.
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Friday Front Porch Feature: A Charming House Like New
By Breanna SteeleiBerkshires Staff
The home prior to renovations.
NORTH ADAMS, Mass. — Are you looking for a newly renovated home with great space? Then this might be the perfect fit for you!
Our Friday Front Porch is a weekly feature spotlighting attractive homes for sale in Berkshire County. This week, we are showcasing 100 Autumn Drive.
This three-bedroom, two-bathroom split level was built in 1965 and is 1,396 square feet on 0.32 acres.
The house was completely renovated recently. It includes a one-car garage, and comes with appliances including a dishwasher and stove/oven, and other major appliances.
The house is listed for $359,500.
We spoke with owners Michael Zeppieriand Chris Andrews, who did the renovations. Zeppieri is an agent with Alton and Westall Real Estate Agency.
What was your first impression when you walked into the home?
Zeppieri: I purchased this home to do a full renovation flip and saw tremendous potential in this mid-century split level home that had not been updated since it was built in the 1960s, in a great North Adams neighborhood.
Andrews: The house was a much different house when we first purchased it in 2022 (photo attached is from about 2010.) The interior was painted all in dark colors and we brightened it up with neutral colors. The transformation makes you feel like you are in a totally different house.
What were the recent renovations, any standout design features?
Zeppieri: The house has had a complete reconfiguration including new kitchen with high-end appliances, ceramic tiled baths, hardwood floors, new windows and roof ... just to name a few. All a buyer has to do is move in and enjoy.
Andrews: Yes, we renovated the entire house. New windows, new roof, all new custom black gutter system, new blacktop driveway, hardwood floors were installed through out the house. New kitchen and bathrooms as well as painting the exterior and interior of the house. New paver patio in the back yard.
What kind of buyer would this home be ideal for?
Zeppieri: The buyer for this home could be a first-time homebuyer or a retiree ... the location is close to attractions in North Adams ... and the property is located in Autumn Heights, which is a very small residential development with several long-term owners.
Andrews: This home is truly ideal for a variety of buyers. Whether a first-time homebuyer, a small family or even someone looking to downsize from a larger home.
What do you think makes this property stand out in the current market?
Zeppieri: The location, price and move-in condition of this home make it a true market leader in the North Adams Market.
Andrews: This house is completely renovated and in a desirable location of North Adams. The natural light in the home really makes the interior pop. And with all the upgrades the home stays quite cool in the summer months.
Do you know any unique stories about the home or its history?
Zeppieri: This home was built for the Gould family in 1969 and they lived there till 2010. It was always a family home during that time in which the Goulds had two children ... and Virgina Gould managed Mohawk Forest Apartments and was a very active resident of North Adams.
Andrews: Built in about 1965.
What do the current owners love about this home?
Zeppieri: As the current owner it was a fun project to transform this home and get it ready for its next adventure with a new family to enjoy for many years.
Andrews: No one has lived in the house since we purchased the home. The new owners would be the first to live in the house since the renovations have been completed.
What would you say to a buyer trying to imagine their life in this space?
Andrews: I would suggest seeing the house either on a sunny day or at twilight to really get a vision of how special the home feels.
You can find out more about this house on its listing here.
*Front Porch Feature brings you an exclusive to some of the houses listed on our real estate page every week. Here we take a bit of a deeper dive into a certain house for sale and ask questions so you don't have to.
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