2009-11-18City Council Ordinance Review Subcommittee
Draft Minutes — September 30, 2009
Page 1 of 7
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date: November 18, 2009
Board: City Council Ordinance Review Subcommittee
Members Present Chair Wes Slate, Patricia Grimes, Kevin Hobin
Members Absent: None
Others Present: None
Recorder: Eileen Sacco
Slate called the ee g to order at 7:00 p.m.
Approval of Minutes
The minutes of the Ordinance Review Subcommittee meeting held on Wednesday,
September 30, 2009 were presented for approval. Hobin moved to approve the minutes
as amended, Grimes seconds the motion. The motion carried.
Slate notes that Council President Elect Mike Cahill is holding meetings with City
Councilors regarding Committee Assignments for the coming year. He explains that he
talked with him about reappointing members to the Ordinance Review Subcommittee
noting that he would like to finish this task.
Review of Comments
Comment JND 32 Beverly Housing Authority Term of Appointment
Atty. Decoulos' comment 32 states: Charter 3 -3 says 3 years
Slate explains that during conversation with Mayor Scanlon he said it should be a 5 year
term. The Committee agreed to change the length of term to 5 years to reflect current
practice.
Comment JND33 — Beverly Housine Authority Composition
Atty. Decoulos comment states: How does this work? In reference to One member of the
BHA shall be appointed by the Massachusetts Department of Housing and Community
Development for a term of five /three years which expires in a different year than any
member appointed by the Mayor.
Grimes note that it is a policy issue governed by State Law.
City Council Ordinance Review Subcommittee
Draft Minutes — September 30, 2009
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Comment D34— Beverly Housing Authority Composition
Are these identified in reference to One of the four members of a Beverly Housing
Authority shall be a tenant in a building owned and operated by or on behalf of the local
BHA 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.
Slate notes that he will check on that but would think that it is an organization of tenants
and is sanctioned by law.
Comment JND34 — Beverly Housing Authority Composition
This should be a general provision applicable to all with regard to the sentence that
Every member, unless sooner removed, shall serve until the qualification of his
successor.
Slate noted that it is a general provision applicable to all is true and should be left as is.
Grimes and Hobin agree.
Comment JND36— Beverly Housing Authority Composition
Mass DHCD? With reference to the sentence As soon as possible after the qualification
of the members of a Beverly Housing Authority, the City Clerk shall file a certificate of
such appointment with the department......
Slate will check on this with the City Solicitor.
Comment JND 37 — Beverly Housing Authority Composition
Is this done? Why is it necessary? With reference to the Secretary of State sh -- �� is ye
city clerk a certificate organization, and such certificate shall b e conclusive evidence
of the lawful organization of the authority and of the appointment of the members thereof.
Grimes notes that this is a policy issue that it is probably governed by state law. Hobin
agrees.
Grimes notes that M.G.L. is deleted in several places throughout the document by
Decoulos and questions why this was done. Hobin agreed. Discussion ensues and the
Committee suggests that the reference to M.G.L should be left in the document.
Comment JND 38 — Building and Other Facilities Planning and Construction
Committee — Composition, Mode of Appointment and Term of Office
What does this serve? How is this different from Multiple Member Bodies? With regard
to the last sentence in (a) This Committee shall not serve directly under the Mayor.
Slate notes that it is not independent. Grimes notes that the Planning Board,
Conservation Commission, and Zoning Board of Appeals do not report to the Mayor.
City Council Ordinance Review Subcommittee
Draft Minutes — September 30, 2009
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(b) Authority and Responsibilities
Slate notes that the word Municipal is deleted from the sentence the Committee shall
meet from time to time with representatives of all relevant city agencies.
Slate suggests it be left in. Hobin and Grimes agree.
Comment JND 39 — Section 3 -208 Cable Advisory Committee
Website says Cable Television Advisory Committee. Need to correct either one. 6 below
refers to Cable Television.
Slate states that he agrees with the comment and television should be added. Grimes and
Hobin agree.
Comment JND 40 — Section 3 -208 Cable Advisory Committee - Composition
What is the function of the alternate members?
Slate notes that this is current practice and should be left as is.
Comment JND41- Section 1 -109
And Internet? With reference to The CAC acts as a sounding board for citizen
complaints and suggestions relating to the cable television services......
Slate notes that right now it is just Comcast providing the service and there are likely to
be others in the future. Hobin notes that Internet is one of the services that is offered by
Comcast and would be covered under services.
Comment JND42 — 43 CAC Authorities and Responsibilities
Contract? And what does this mean in reference to The continued review of the original
License with the right to call for action if /when discrepancies occur.
Slate notes that the Cable services are licensed by cities and towns.
Comment JND44 —CAC (5)
Enacted as an ordinance? Is this done? With reference to the sentence... The Committee
shall develop and submit to the City Council a document including policy statement and
specific procedures for use of cable television......
Slate states that he will check on this.
City Council Ordinance Review Subcommittee
Draft Minutes — September 30, 2009
Page 4 of 7
Comment JND44 — Section 3 -209 — Cemetery Commission
Grimes notes that there are six members on the Cemetery Commission listed for the
makeup of the Commission and'tl ere mumber of members for the composition says five.
She suggests that the Committee ge five to six. Hobin and Slate agree.
Conservation Commission (b) Authorities and Responsibilit
Slate notes that the last sentence has been deleted by Decoulos which reads ... The
Conservation Commission is an advisory and regulatory committee of the city. He
recommends that it be left in the document. Grimes and Hobin agree.
Comment JND49 — Conservation Commission Authority and Respo nsibilities
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. Any need
to deal with the use of its fees?
Slate states that he does not think that the Committee needs to address this. Grimes and
Hobin agree. Slate suggests that the entire section remain as written noting that there are
two other deletions one pertaining to M.G.L. and the other changing the word
Commission to Committee. Grimes and Hobin agree.
Section 3 -211 — Contributory Retirement Board
Slate notes that M.G.L. has been deleted and should remain. Grimes and Hobin agre
Comment JND51 - Section 3 -212 — Cultural Council
Why term limits here and not anywhere else? Should there be a general provision on
term limits?
Grimes states that she feels that it should be left alone noting that there is probably some
reason for it. Slate and Hobin agree.
Slate notes that the last sentence in (b) Authority and Responsibilities for Cultural
Council is deleted. It reads The Cultural Council is an advisory and ministerial
committee of the City. Slate suggests that it be left in. Grimes and Hobin agree.
Comment JND52 - Section 3 -213 — Design Review Board — Composi
May an associate member serve? What are designated design review districts?
Slate notes that there is no provision for associate members and recommends that it be
left alone. Grimes and Hobin agree.
Building Inspector title needs to be revised throughout the document to be consistent.
Slate suggests that he title should be consistent with what is referred to in the City
Charter.
Comment JND57 Section 3 -213 — Design Review Board — (b) Authority and
Responsibilities
The word rehabilitation is ambiguous.
Slate suggests that it be left as it is. Grimes and Hobin agree.
Comment JND58 Section 3 -213 — Design Review Board — (b) Authority and
Responsibilities
What does Merry out mean. Should it be meter?
Slate will check on this with the city solicitor.
Comment JND59 60 - Section 3 -213 — Design Review Board — (b Authority and
Responsibilities
Dated? As amended? From whom? Seems to deal with sandwich board signs. With
reference to Waterfront Revitalization Phase II Report and Downtown Revitalization
Plan and the General Guidelines of the Beverly Sign Ordinance.
Grimes states that it should be left as is. Slate and Hobin agree.
City Council Ordinance Review Subcommittee
Draft Minutes — September 30, 2009
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Comment JND61 - Section 3 -215— Design Economic and Community Development
Council — Composition Q
Grimes notes that there is a representative of Beverly Main Streets on the ECDC.
Discussion ensues regarding the number of members for the ECDC. Grimes notes that
not all spots are filled at this time.
Section 3 -219 — Harbor Management Authority — Composition
Slate notes that the sentence Such members shall to the extent possible be versed in the
policy and direction of Beverly Harbor. He recommends that it be left in the document.
Grimes and Hobin agree.
Comment JND72 - Section 3 -219 — Harbor Management Authority
This is per the legislation, but what leases does it have the authority to enter into?
Slate notes that the HMA executes leases for the boat slips at the marina. Hobin
questions who sets the fees. Slate explains that the HMA sets the fees annually and the
City Council is notified.
Comment JND73 -74 - Section 3 -222— Historic District Commission — Composition
What are alternate members duties and which ones are designated as alternates?
Slate suggests that it be left as is. Hobin and Grimes agree.
Slate will check on the language regarding the Greater Salem Board of Realtors.
Comment JND75- 76 -77 -78 - Section 3 -222— Historic District Commission —
Composition
Slate also recommends that no changes be made to the language regarding Exclusions
from Commission Review.
Comment JND79- Section 3 -224— Board of Library Trustees
Nothing is mentioned in the charter on the trustees serving without compensation.
Comment JND80 - Section 3 -225— Licensing Board
Last sentence refers to political parties. JND comments leading? How is this determined,
Republican, Democrat. Is this how the member is registered to vote? Why exclude and
Independent?
Slate will check with the City Solicitor on this.
City Council Ordinance Review Subcommittee
Draft Minutes — September 30, 2009
Page 7 of 7
Section 3 -227— Open Space and Recreation Commission
Slate notes that the word space should be inserted in (i).
Comment JND 88 - Section 3 -228— Parking and Traffic Commission - Composition
Regarding the composition of the Parking and Traffic Commission notes that employees
cannot be members ofAgencies.
Slate will check with the City Solicitor regarding this.
Slate notes that "to the City Council" should be inserted after the word recommendations.
Comment JND 94 - Section 3 -230— Planning Board — Authority and Responsibilities
Is this site plan review? Is this in the zoning ordinance? Is there authority to deny?
Slate will check with the City Solicitor on this.
Comment JND 100 - Section 3 -304 Open Inspector of Animals
Is this the same as animal control officer ldlk/a Dog Officer?
(Slate suggests that it be left as it is.
Next Meeting
The next meeting of the Ordinance Review Subcommittee will be held on Wednesday,
December 2, 2009 at 7:00 p.m.
There being no further business to come before the Committee this evening, Hobin
moved to adjourn the meeting. Grimes seconded the motion. The motion carried.
The meeting was adjourned at 9:00 p.m.