2009-12-02Man
ARTY 1 21 , 031
TEMIM
f
who—
asqYANTRalf i" ATNUM; Wam" n Apinalum zmo
WINS50 WWMIMSI
WANIAWAS I V��
Umv
f; �P� U nfz t 6 ME T`�.-iR,
"AA a. - Ilmll
Q1
F
m v d l 1, Q.10 W its al
Shlq
UM,
Alp IRMA eamao
L"a" Adhl� Ag" - �I'
posts; Pop Kvi show vv
�Ivjmih IEU :10 situ RV i
V la g
zy Palm 00101 Whdv'��
W
City Council Ordinance Review Subcommittee
Draft N inutes — December 2, 2009
Page 2 of 8
Hobin states that it looks like the position was deleted because it is vacant and should be
left in. Grime and Slate agree. Grimes also notes that the Scope of Activities was
deleted. Hobin notes that it was moved to another section.
Page 104 (gl
Change the word "among" to "between".
Section 3 -314 Constables
Slate suggests that (d) be added regarding the fee for constables that was passed by the
City Council.
Comment JND 108 — Dog Officer — (Animal Control Off
Atty. Decoulos comment states: Is this the some as the animal inspector?
Slate suggests that the last sentence be deleted. Hobin and Grimes agree.
Comment JND 109 — Section 3 -316 City Electrician
Atty. Decoulos comment states: See Charter Chapter 7.
State notes that reference to M.G.L. should be left in and the rest of the language is fine.
Section 3 -318 Engineering Director of
Hobin notes that this was moved to another section.
Comment JND 110 — Section 30303 Director of Eng ineering
Atty. Decoulos comment states: Specific qualifications in 4 -303 (2) have been deleted as
unnecessarily restrictive.
Grimes states that they should be put back in. Slate and Hobin agree.
(3) South Essex Sewerage Commission
State notes that the word "Commission" should be changed to "District".
Comment JND111 - Section 304 -3 Eire Chief
Atty. Decoulos comment states: I have deleted the reference in 3 -320 that the Fire Chief
shall be a City Officer and Public Safety Of because City Officers is defined in the
Charter and the designation of particular officials as City Officers throughout the
Ordinance has not been consistent and the definition in the Charter is straightforward
Only the Fire Chief and the Police chief have been designated Public Safety Officials
which under the Charter permits the Mayor to appoint them for up to five years. There
are other officials that may also serve as public safety officials which have not been so
designated such as the Director of Public Health. The question is then what officials are
to be appointed far up to five years. The Charter does not speck how an official gets
designated as a public safety official.
Slate notes that this was dealt with in previous discussion.
Comment JN 112 - Section 304 -3 Eire Chief - Qualificatio
Atty. Decoulos comment states: specific qualifications 4 -304 -3 (1) have been deleted as
unnecessarily restrictive. ]Vote that there were none provided for the Police Chief.
Slate notes that this was dealt with previously.
City Council Ordinance Review Subcommittee
Draft Minutes — December 2, 2009
Page 4 of 8
Section 3-324 Harbormaster
State notes that the Harbormaster reports to the Police Chief. Hobin notes that it is on
page 57 under Police Protection.
Comment JNDI 14—Director of Public Health — Powers and Duties
Atty. Decoulos comment states: There is none in the code regarding the provision that
the Director of the Health Department shall have technical supervision of all employees
of the Health Department.
Slate suggests that this be left alone. Hobin and Grimes agree.
Section 305-2 Director of Human Resources — Scope of Services
Section Deleted.
Hobin notes that it has been moved and notes page 45.
Comment JND115 — Section 305-3 Director of Human Resouces
Alty. Decoulos comment states: Specific qualifications in 4-305-3 (2) have been deleted
as unnecessarily restrictive.
Slate suggests that this be left as is and no changes should be made. Hobin and Grimes
agree.
Section deleted by Decoulos.
Hobin notes that it has been moved to page 46.
Comment JND117— Director of Finance
Atty. Decoulos comment states: Specific qualifications 4-306.3(2) have been deleted as
unnecessarily restrictive.
Slate states that the qualifications be left in. Hobin and Grimes agree.
Section 3-332 — Director of Municipal Inspections — Scope of Department Activities
Decoulos deleted lkv .section.
Hobin states that it has been moved to Page 50
Section 3-334 — Director of Planning and Development — Scope of Dep
Activities
Decoulos deleted this section.
Hobin states that it has been moved to Page 53
Section 3-335 — Plumbing Inspector — Mode of Appointment — Term of Office
Decoulos deletes Director of Municipal Inspections shall, subject to the consent of the
Mayor appoint a Plumbing Inspector and changes the sentence to read that the Mayor
shall appoint a Plumbing Inspector...... .
Slate states that this should be left alone and no changes made to the ordinance. Grimes
and Hobin agree.
City Council Review D- • li•
,_ , of 8
Comment JND118 - Section 3-336 — Police Chief
Atty. Decoulos comment states: Reference as a City Officer and Public Safety Officer
have been deleted.. See comment at Fire Chief.
I have deleted the reference in 3 -320 that the Fire Chief shall be a City Officer and
Public Safety Official because City Officers is defined in the Charter and the designation
of particular officials as City officers throughout the Ordinance has not been consistent
and the definition in the Charter is straightforward. Only the Fire Chief and the Police
chief have been designated Public Safety Officials which under the Charter permits the
Mayor to appoint them for up to five years. There are other officials that may also serve
as public safety officials which have not been so designated such as the Director of
Public Health. The question is then what officials are to be appointed for up to five
years. The Charter does not specify how an official gets designated as a public safety
official.
Comment JND119 - Section -336 — Police Chief
Atty. Decoulos comment states: No specific qualifications were provided in Article 4.
Slate notes that the Committee agreed to put the qualifications back in for the Fire chief
and should do so for the Police Chief. Grimes and Hobin agree. Slate also notes that that
there should be a job description for the Police Chief put in with the qualifications.
Sect 3 338 Director of Public Services —Scope o Dep artment Activities
Slate notes that the Scope of Department Activities has been deleted.
Hobin notes that it has been moved to page 58.
C oan 3 -339 Director o Purchasint;
Atty. Decoulos comment states: specific qualifications at 4 -311 -3 (2) have been deleted
as unnecessarily restrictive.
Slate notes that the qualifications should be put back in. Grimes and Hobin agree.
Se ction 3 339 Director of Purcbasin — Scone of D Activities
Slate notes that the Scope of Depar tment Ae ivities has been deleted.
Hobin notes that it has been moved to page 60
S ection 3 342 City Solicitor —Scope of Depart Activities
Slate notes that the Scope of Department Activities has been deleted
Hobin notes that it has been moved to page 39.
City Council Ordinance Review Subcornnrnittee
Draft Minutes — December 2, 2009
Page 7 of 8
. Comment JND121 — 301.3 City Solicitor — Term of Office
Atty. Decoulos comment states: Charter does not permit this, with regards to Section 2-
10 of the Charter for a term not to exceed three years, as may further be provided by
ordinance.
Comment JND125 — Airport Parkin �
Atty. Decoulos comment states: Who has the authority over this? The Airport
Commission or the Parking Commission.
Slate states he thinks it is the Airport Commission. Grimes and Hobin agree.
Comment JND126 - Section 4A -26 Created — Care Etc. of Airport —, Not to be
Connected with Operating Firm or Lessee
Atty. Decoulos comment states: Section 3 -202 establishes the Airport Commission with
11 members. Appointment methods are not identical. Recommend to delete this
provision and revise3 -202 to include desired provisions here in Chapter 4A.
Hobin notes that it is addressed on page 69 and two members of the Airport Commission
shall be residents of the Town of Danvers.
Slate notes that there is a system in place. He states that he will check with the City
Clerk to see what the term of the license is and if the fees for licenses and violations are
up to date in the Ordinance.
Comment JND142- Section 5-1 Buitdtng Permit Fees
Atty. Decoulos comment states: Review all fees for accuracy. Recommend schedule of
fees as per the department as shall be approved by the Council.
Slate notes that he had a conversation with John Dunn regarding this and he suggests that
sp ecific pec ic fee amounts be kept out of the Ordinance because they can change. He suggests
that Steve Frederickson or John Dunn review the fees for accuracy. Grimes and Robin
agree.
Comment JN1)144- Section 5-2- Numbering of Buildi
Atty. Decoulos comment states: Building Inspector? With regards to the issuance of a
notice, citation, or complaint may be done by any police officer, and or code enforcement
officer of the Board of Health.
Slate states that he agrees that it should be the Building Inspector, Grime and Hobin
agree. The change will remain.
Comments JND145-149 Chapter 6 – Civil Defense and Emergency Planning
Atty. Decoulos comment states Move to City Department section or City Officers section.
State states that he will check with Mark Foster to see if the Operations Plan is stilt in
effect with regards to Chapter 639 of the Acts of 1950.
Next Meetin
The next meeting of the Ordinance Review Subcommittee will be held on Wednesday,
January 6, 2010 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