1996-10-21ORDINANCE REVIEW COMMITTEE
REGULAR MEETING
The Ordinance Review Committee met on Monday, October 21, 1996 at 7:30 p.m.
in the Council Meeting Room, Third Floor, City Hall, Beverly, MA
PRESENT: Mary Grant, Gerry Parisella and Crystal Atherton.
ABSENT: Tom Alexander, Roy Gelineau, Elizabeth Lebnm and Arthhr Powell.
Mary and Crystal reported that they had met earlier in the evening with the Council
and discussed with them the Model Ordinance as to City Council Organization and
Procedure. The Council had several questions about the document. They had
concerns as to Section 2-119 and preferred to continue their past practice of
abstentions as opposed to a"not voting" method outlined in that section. They also
had concerns about Section 2-121 Enforcement of Decorum. Maureen Troubetaris
said that the Committee needed to consider the cost of having a Sergeant at Arms at
meetings. There also was some confusion as to the City Solicitor having to approve
all ordinances, resolutions and contract documents as to form and legality. We were
not sure fithat was mandatory or discretionary under the Charter. Check with
Mike. Also on page 4 Section 2-108 the Presiding office is the highest vote getter
under our Charter and not chosen by the Council. This needs to be corrected. The
Coaneft is still organized as three Standing Committees exactly as they were under
the old Charter. Section 2-127 of the Model Ordinance reads that the only standing
committee shall by the Committees of the Whole. I do not believe this is Charter
mandated. Check with Mike on this. Mary pointed out to the Council that this
document is a draft document only for preliminary discussion and a model ordinance
used by the International Institute of Municiple Organizations and we had sent it to
them to edit and send back to us with recommended changes several months ago.
Crystal read a letter tiom Marguerite Coughlin, Secretary of the Council on Aging in
which she requests a meeting with our Committee at the time we take up the matter
of the ordinance relating to the Department of Community Services. Since we have
already reviewed that ordinance, Crystal will write to her telling her that we meet
weekly, our meetings are open to the public and if she or someone in her group
wishes to come to a meeting to let us know and we will plan lime for them.
The Committee discussed the matter of the Budget/Management Analyst. Crystal
had copied the Massachusetts General Laws as set out in Section 9-6 of the Charter
under (I). It specifically provides that the city auditor's position is abolished as of
the first day of July and that the functions performed under the laws as it relates to
auditing will now be performed in two parts:
Budget/Analyst will be responsible for the responsibilities under Chapter 41,
Sections 50,52, 54 and 54A of the General Laws.
A City Accountant (who is part of the Finance Deparhxtent) will be responsible for
the duties as set forth in Chapter 41- sections 52, 56, 57 and 58.
Therefore, the two positions should be listed under the Administrative Organization
Section with a clear description of each positions functions in accordance with the
Charter.
We continued with our task of reviewing the document # 6 beginning on page 17.
We had several questions concerning these several boards and commissions. Why
is their a separate Commission to care for the G.A.R. Hall. Isn't it a public building
the same as City Hall, the Police Station or Library? Why is their a separate
commission and why are two members required to be senior citizens? The
Hazardous Waste Oversight Committee is established pursuant to M.G.L.C. 111F;
therefore, we felt it was a capsule of that statute.
Crystal told the Committee that she had already discussed the Board of Health with
Arty. Curran. Since the new Charter does not speak to the issue of appointing a
Board of Health and the reorganizational plan separates the duties of that
department into the enforcement of health codes to the Municipal Code
Enforcement Depa~hnent and the remaining functions to the Department of
Community Services, is the Board of Health still a functioning board of the City?
The Historic District Commission is established in accordance with Chapter 40
C of the M.G.L. We discussed checking the statute to see if the membership is
dictated by that statute as well as the other sections of that Article?
It was not known if the Industrial Development Finance Authority is an active
group. We will check with someone in City Hall to find out if that Authority is still
active.
On page 21, Board of Trustees of the Library. Under the old Charter there was a
section relating to trust funds, as that no longer exists we are to check with Mike as
to the language for the handling of trust fund money by the Board of Trustees of the
Library.
As to the Licensing Board of the City of Beverly. The Committee felt that the terms
of office etc are dictated by State Statute as reflected in the Agawarn Case.
Gerry Parisella found the Agaveam case on the CaseBase and after redding that
case, it was Gerry's opinion that the mode of appointment and term of office is
dictated by Chapter 138, section 4 and C.140 section 1 as to the Licensing Board as
the language in the case of Young v. Mayor Brockton, 346 Mass 123 stated "the
court's decision was based....on the special characteristics of liquor licensing boards
which are established in the wake of the repeal of prohibition and which operate
under a detailed and strict Statewide plan of supervision and control reflecting the
Commonwealth's supervision interest in the uniform regulation of the sale and
dislribution of alcoholic beverages".
Before the next meeting, Crystal said she would send copies of the draft ordinances
to the City Clerk for her comments, the Tax Collector, the Director of Parks and
Recreation Commission and the City Solicitor. It is our hope to finish the 47 page
document and get our comments to Mike Curran to revise and edit as quickly as
possible as time is of the essence. It is the hope of the Committee to have its final
draft prior to December 15.
We adjourned at 10 p.m. with plans to meet again on Monday, October 28, 1996 at
7:30 P.M.
Respectfully submitted,
Crystal A. Atherton
Chairman