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2008-12-29auiiiR � McaA -t JA 22 WI L� 2- --, auiA Lail Lbm Eu Lht E � R P74 7�, — n izirl ir rt 1 'LETT W NA, �u- rzO i E, Lifm,� N Ear ku K - T Ai i JT 75-VOW- NO 5 t 71- Aft "mm, Z, i fl rumc D V - ® n e� T MID, Cap F7 - AN NR ulw-. 4 i va LLA g fi o F�- -ol 3 u r ale : City Council Ordinance Review Subcommittee Draft Minutes — December 29, 2008 Page 2 of 5 Siate 97=11. ==71alletty IS C le is WKIO i done. He also suggests that the Committee make good use of Atty. Decoulas' time and the contract nw-ds to be solidified. Decoulas states that the City Charter requires the review of ordinances. He notes that there are issues that are currently under the Jurisdiction of the City Council that could be addressed by other departments. He cites the example of "beehives" and suggests that it could be turned over to the Board of Health. Grimes cautioned that changing power structures is very different from deciding on beekeepers. Slate suggests that it be identified in the appendix and turned over to legal affairs. The Subcommittee proceeded to review the questions that were raised at the December 10 meeting from the review of the February 4, 2008 letter to the City Council as follows: Slate notes that much discussion centered around the term "City Officer" which is define in Article 1, Section 1-7 "Defi9nitions" or Ordinances. Grimes had noted that the state Main Finance Statute describes accountability for City Officers and Decoulas' letter also notes that there are city officers mentioned in Ordinances that are not listed in the City Charter. It was also noted that the Mayor is not listed as a City Officer. Grimes notes that it could be argued that if a city officer is not listed they are not liable. Decoulas reviews the listing in the Ordinance and the City Charter. He noted that the Sectio 1-7 Paragraph E and states that it says that the Building Inspector and the Director of Planning and Development are included but are not in the ordinance. Discussion ensues regarding the use of the ten "City Officer" in Ordinances and the City Charter, Decoulas notes that the ordinance should reflect who is a "City Officer" as defined in the City Charter, and it should always be the saine in both documents. City Council Ordinance Review Subcommittee Draft Minutes — December 29, 2008 Page 3 of 5 Decoulas referred to Table C noting there are officials not designated anywhere and questions if they are officials according to the City Char Slate suggested that the Subcommittee move on this evening and return to this matter another time. Grimes expressed concern about standing committees and notes that it is in the rules of the City Council and the Ordinance provides for three standing committees. Slate notes that the sentence says "unless an objection is made by any Council member" and notes that it is unclear unless the word council is there who the member is. Decoulas questions how the City Council determines what new business goes to council committees. Slate explains that it is dictated by council rules. Grimes agrees and notes that the ordinance speaks to that as well. Decoulas questions why an order would be referred to a standing committee when an order is an action of the council. Decoulas notes that there needs to be clarification on "measure" and "order". He also noted that the ordinance should be modified to be consistent with the practices or the practices need to be consistent with the Ordinance. Discussion ensues regarding the difference between orders and resolutions. It was decided to recommend striking the word "measure" and inserting the word "order" in 2-12. Rules and Regulations vs. City Agencies Doing So The Committee reviewed the list of city Boards and Commissions. Slate notes that the Licensing Board and the Conservation Commission have the authority via state statute. Discussion ensues regarding city departments setting fee structures without the approval of the City Council. It was noted that some boards and commissions such as Beverly Golf and Tennis and the Harbor Management Authority City Council Ordinance Review Subcommittee Draft Minutes — December 29, 2008 Page 4 of 5 have the authority to set fees. It was suggested that all city agencies should be able to promulgate their own rules and regulations with the approval of the City Council, 0=1010% 011 0=1.1 1"N. -0 pp I 1"; LIM 1147YU14-091 U11 L11C; `i,-*1111111LLC0 LUA, NCC; there are. Decoulas explains the definitions with the Committee. Discussion ensues regarding multiple member bodies and those listed in the City Charter. It was noted that multiple member bodies need to be categorized as advisory or ministerial. Slate notes that the City Solicitor has the authority to settle claims under $5,000, but there are no major provisions for what happens after $10,000. Discussion was held regarding the function of each committee and whether or not they may overlap with some functions. Ly 131111111 11 11 . li 1 11 1 1 , a Decoulas notes that the description in the ordinance calls for representatives from 6 city departments. The Committee reviewed the definitions in the city charter and the ordinance. P. 8 — Item #32 —" uil in apartment" - vs. "Del2artment of Municipal Inspections" Slate explains that the name of the department was changed to the Department of Municipal Inspections and it was probably not updated everywhere. Decoulas asks if there is a current list of fees, and notes that he is not sure that fees should be listed in the ordinance. Council or both? It was noted that the procedure is for the Mayor to appoint with confirmation by the City Council. City Council Ordinance Review Subcommittee Draft Minutes — December 29, 2008 Page 5 of 5 of Bo regarding appointments to Boards and Commissions. Decoulas will revise his redlined docurnent regarding the merging of Article 3 and 4 and leave the policy issues to the City Council to address. The next meeting will be held on Wednesday, January 14, 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 Robin. The motion carries.