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City Council Ordinance Review Subcommittee
Draft Minutes — January 14, 2009
Page 2of5
edits in the document means either deletion or moving and item. He also notes that there
are qualifications that appear throughout Article 3 and Article 4 that do not belong there.
Slate asks what is it that is in Article 3 vs. Article 4.
Decoulas explains that nothing would be lost if Article 4 were wiped out, but noted that
there are some items that are not in Article 3, so he transferred all of Article 4 into Article
3 with the exception of qualifications. He explained that anything to do with multi
member boards are now all in one place in the document.
Grimes states that she thinks that it would be helpful to review all of the changes. She
refers to Page 15 of the redline document and notes that everything is redlined. Decoulas
explains that the existing offices are mentioned in Article 3 and they are struck out
because they are in other places in the Ordinance. He also notes that he questions
whether they belong in the Ordinance.
Grimes questions how one would know that Veteran Services is covered by the
Department of Community Development. Decoulas notes that offices exist within other
offices and that could be for budgetary reasons.
Slate notes that Veterans Services, Council on Aging, and Park and Recreation used to be
under one department and the Department Head was the Director of Library Services
which is now known as the Director of Community Services and the position is unfilled.
Decoulas questions if the Committee wants to dispense with the position or is there going
to be one in the future. Slate states that he feels that is a policy issue that should be dealt
with by the City Council. Decoulas explains that the only rationale for this is budgetary
and if that is the case he can structure it with that in mind, noting that he will have to
follow the budget a little closer.
Grimes cautioned the Committee about making policy decisions. Slate agrees and notes
that this Committee will report back to the full City Council and identify policy issues.
Decoulas explains an example of what he is talking about and notes that Article 3 -312
talks about the Authority and Responsibilities of the Community Services Director as
well as Article 4 -302 talks about the Powers and Duties of the Director of Community
Services. He explains that the changes that he made merged the two sections so that all
of the information is in one place.
Grimes states that she has a problem just saying that this looks good and suggests that the
Committee has to look at this carefully as to what has been redlined and what the changes
are so that the Committee understands what they will be recommending to the full City
Council.
Hobin notes that questions should be addressed by the City Council. Discussion ensues
regarding the language for multiple member bodies and city agencies. Decoulas notes
that a city agency is not a multiple member body. Slate notes that the language could be
City Council Ordinance Review Subcommittee
Draft Minutes — January 14, 2009
Page 3 of 5
different in some places because it was put together in pieces over the years. Grimes
agrees and notes that changing Multiple Member Boards to City Agencies is all right.
She states that she wants to make sure that the Committee understands what is being
deleted and moved etc. She also notes that she is not criticizing Atty. Decoulas's work as
he did what he was charged to do.
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Decoulas explains that there seems to be a difference of opinion on this as Bob Monroe
explained to him that the administrative code enacted in 1996 as a reorganization plan
was submitted by the Mayor. He also notes that the City Charter covers the Authority of
the Mayor. Slate questions if that was enacted as an administrative code or an
organizational chart. Decoulas explains that it was enacted under the City Charter in
1996. Slate also questions if the Charter defines what the administrative code is.
Decoulas states that he does not think that there needs to be any reference to the
Administrative Code.
and whether all new business
Slate explains that the rules and orders of the City Council call for the Standing
Committees and are referred to in the City Charter. He reviews Article 10, Page 29
regarding the three standing committees and noted that it is also in the City Council
Rules.
P.10 -Items 10 &11
(10) Review how the legislative history of the Ordinance is maintained and the extent
to which it will continue to be maintained and referenced in the Ordinance.
(11) Review cross references for accuracy and necessity
Decoulas referenced the notations in the ordnance regarding changes made to the
Ordinances. He notes that if there was an index to the Ordinances there would be no
need to cross reference. He refers to Page 246 regarding Traffic and notes that there are
several references to amendments to the ordinances. Hobin questions if they are useful.
Decoulas explains that it appears that they are there to show the history of the Ordinance
however they are not consistent throughout the document.
Slate questions if there is a reason why the legislative history has to be included.
City Council Ordinance Review Subcommittee
Draft Minutes — January 14, 2009
Page 4of5
Decoulas will check with the Attorney Generals Office or the City Solicitor to see if there
is a reason why local ordinances have to include a legislative history.
P.11—Item 12
Provide o r all r c i i, required o be done by ordinance or eliminate the
Decoulas explains that he questions whether fees should be determined by Ordinance.
He notes that in some instances salaries are also specified and he does not think that they
should be determined by Ordnance. Slate notes that the Harbor Management Authority
and Beverly Golf and Tennis set fees and notify the City Council. Grimes recalled that
the City Council also approved fees for the Sign Review Board. She also noted that
Building Permit fees are governed by Ordinance as well.
Decoulas recommends that all reference to fees be removed from the Ordinances and
have city agencies and departments set the fees with the approval of the City Council.
Slate suggests that would be a policy decision that should be decided by the full City
Council. He also notes that it is not consistent in the Ordinance and it is not consistent
in practice so this should be left for the policy discussion.
I WIN „ 'N
Create a list of the due date for official appointments to ensure that the membership is
on a rotating basis in accordance with the City Charter.
Decoulas explains that he looked at the Website and it did not appear to be updated.
Slate explains that the Mayors office keeps track of appointment dates and when he
inquired he was told that it is current. He noted that the City website is not up to date
with new and reappointments and that needs to be addressed.
Review of June 30, 2008 Letter from Arty. Decoulas
P. 1— Last Paragraph
I have deleted the provisions in Article 4 that provide for the establishment of directors
of the various city departments which specify qualifications for the director. I hav
stricken these qualification provisions to be consistent with the charter at section 3 -3
which provides that "Mayor shall appoint, subject to the review of such appointments
by the City Council.....” Such qualification may well be the basis for review by the
council of the Mayor's appointment, but such restrictions may unnecessarily eliminate
a desirable appointment
Slate notes that it should be with the affirmation of the council.
Slate states that he thinks that the issues on page three of the letter may be policy
considerations.
Next Meeting
The next meeting will be held on Wednesday, January 28, 2009 at 6:30 p.m. at the
Beverly Public Library.
There being no further business to come before the Committee this evening, Grimes
moved to adjourn, seconded by Hobin. The motion carries.
The meeting was adjourned at 9:00 p.m.