1996-09-23 MINUTES OF THE REGULAR
MEETING OF THE
BEVERLY ORDINANCE REVIEW COMMITTEE
~.'egular meeting of the Beverly Ordinance Review Committee was held
on4 23, 1996, in the Council Chamber, Third Floor, City Hall, Beverly,
MA. Meeting was called to ordered at 7:30 P.M.
PRESENT: Mary Grant, Gerry Parisella Crystal Atherton Arthur Powell
Tom Alexander and Roy Gelineau.
ABSENT: Eli~,abeth LeBrun.
Also Present: Attorney Michael Curran.
Mrs. Atherton introduced Tina Cassidy, the City's Planning and Economic Director,
to the committee. Ms. Cassidy had reviewed the draf~ ordinance as it relates to her
department and had several questions and comments that she wished to address to
the Co mnfittee.
Under Scope of Department Activities, she noted that the "Harbor" is specifically
called the Harbor Management Authority and was created by Special Act of the
Legislatare specffically by Chapter 221 of the Acts of 1987, entitled "An Act
Establishing the Beverly Harbor Management Authority, ". Under the Mayor' s
Organizational Structure, the Harbor is listed within the Scope of the Department of
Planning and Development. The questions now arises as to what powers and duties
the Director has in relation to the powers granted the Harbor Management Authority
under this Special Act. The same questions arises as to the powers and duties the
Director may have over the Airport Commission which is created by M.G.L.C. 90,
Section 51E, which statute provides that the Commission appoints its Director who
must meet certain qualifications. As far is this statute is concemed, Mr. Curran
advises that Chapter 43B takes precedence over statutes. There was discussion
concerning some authority of both the Planning Division and the Appeals Division
as to special permits which was omitted fi'om the list of duties and responsibilities of
these two permit granting agencies.
The Committee felt that the authority granted by this ordinance to the Historical
Commission to make and execute agreements was far reaching and should not be
included. Also discussion was had as to page 6, paragraph (c) under industrial
development finance authority. The Committee felt that since none of the other
divisions addressed appointments that this section should not do so either.
Therefore Paragraph (c) was deleted.
Ms. Cassidy agreed to send Mr. Curran a copy of the section of our Zoning
Ordinance as it relates to the Design Review Board and also a copy of the Special
Act creating the Harbor Management Authority.
The Committee also-had the opportunity to speak with Tim Brennan the Director of
Municipal Code Enforcement. ·
Mr. Breunan also had questions concerning his powers and duties and authority over
the several inspection agencies of the City. He also was concerned about the term
of office. Since the Charter specifically states as to Appointments by the Mayor
Seelion 3-3- that "aPPointments made by the mayor shall be for periods not to
exceed three years. The committee felt that aPPointments of all departments heads
should be consistent with the Charter and that the language "for periods not to
exceed three years" should be used throughout the ordinances as to Mayoral
appointments. There is also some overlapping of duties in the Planning Department
and the Mun/cipal Inspections Department as to the Conservation Comnfission and
the tlistofie District Division. At present there is no person with the title "historic
districts enforcement officer" and the Committee is not seeking to ereate new jobs
in the ordinances, however, Mr. Breunun felt that the present Chairperson of the
Historic District Commission could act as the enforcement officer of that
Commission. As to the Sanitary Division, the Committee had several questions
concerning the Board of Health, the Health Department and what functions they
perform in the community. Presently the sanitarians are working out of the Health
Department enforcing health department rules and regulations and that their present
job ti~e is "code inspectors". Under the Charter these individuals will be under the
direction and control of the Municipal Inspection Department as their functions
relate to inspections.
The Committee also suggested that -Mr. Brennan work on developing a single
apphcation form for all inspections. He felt that this was a task that was not
attainable due to the mount of information required on all of the inspection
applieatious presently in use. Mr. Curran suggested that he take a look at North
Andover's application which won an award for innovative planning in Cities and
Towns.
The next two meetings are set as follows: October 3, Thursday evening at 7:30
to give Elizabeth an opportunity to attend as she is teaching on Mon. Tues and Wed.
Evenings. Arthur, Tom, Mary and Crystal can also make that meeting. The next
meeting with Mr. Curran will be October 7 at 7:30 at which time we will go over
DraR of Elective Organizations dated 6/6/96 which documents contains 47 pages
and includes all of the multiple members bodies in the City, their Composition,
Authorities and Responsibilities and interrelationships with the Council and Mayor.
The Committee each took a section of the draft document on officers, agencies and
multiple member bodies to review prior to the next meeting.
Arthur Pages 1-8
Mary Page 9-16
Tom Pages 17-24
Crystal Pages 25-33
Roy Pages 34-42
Gerry Pages 43-47.
Upon motion duly made and seconded, it was
VOTED: To adjourn.
Respectfully Submitted,
C'~,~~w Committee