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2009-01-14r P r o7j H PIT -A �(ffhlr. L�imuljl L 21 _-q J - aD - Rl�- FT lll RMN ft � r4, q0mi T TM :Ind 0"' ER MP w, "In 7 74 A ffmr MG Do ym r7 j i8 'a N C -7- 'r,; - ;r�JA rq-: I �F i it rae, � I EKDHEU Rio ffgtm4lL agma� gaw Jd- 2 N-C-KRI, a hdt =27j P- j. 11w ',7_ -,,? 71; 7, -i 'e- 4 7 77 7-I'l —Ihrcz�l T"la -4 5 6g k V �F, -41 iymn J —Nrd'm iq " TIEsWM-VW�ir 9M, City Council Ordinance Review Subcommittee Draft Minutes — January 14, 2009 Page 2of5 edits in the document means either deletion or moving and item. He also notes that there are qualifications that appear throughout Article 3 and Article 4 that do not belong there. Slate asks what is it that is in Article 3 vs. Article 4. Decoulas explains that nothing would be lost if Article 4 were wiped out, but noted that there are some items that are not in Article 3, so he transferred all of Article 4 into Article 3 with the exception of qualifications. He explained that anything to do with multi member boards are now all in one place in the document. Grimes states that she thinks that it would be helpful to review all of the changes. She refers to Page 15 of the redline document and notes that everything is redlined. Decoulas explains that the existing offices are mentioned in Article 3 and they are struck out because they are in other places in the Ordinance. He also notes that he questions whether they belong in the Ordinance. Grimes questions how one would know that Veteran Services is covered by the Department of Community Development. Decoulas notes that offices exist within other offices and that could be for budgetary reasons. Slate notes that Veterans Services, Council on Aging, and Park and Recreation used to be under one department and the Department Head was the Director of Library Services which is now known as the Director of Community Services and the position is unfilled. Decoulas questions if the Committee wants to dispense with the position or is there going to be one in the future. Slate states that he feels that is a policy issue that should be dealt with by the City Council. Decoulas explains that the only rationale for this is budgetary and if that is the case he can structure it with that in mind, noting that he will have to follow the budget a little closer. Grimes cautioned the Committee about making policy decisions. Slate agrees and notes that this Committee will report back to the full City Council and identify policy issues. Decoulas explains an example of what he is talking about and notes that Article 3 -312 talks about the Authority and Responsibilities of the Community Services Director as well as Article 4 -302 talks about the Powers and Duties of the Director of Community Services. He explains that the changes that he made merged the two sections so that all of the information is in one place. Grimes states that she has a problem just saying that this looks good and suggests that the Committee has to look at this carefully as to what has been redlined and what the changes are so that the Committee understands what they will be recommending to the full City Council. Hobin notes that questions should be addressed by the City Council. Discussion ensues regarding the language for multiple member bodies and city agencies. Decoulas notes that a city agency is not a multiple member body. Slate notes that the language could be City Council Ordinance Review Subcommittee Draft Minutes — January 14, 2009 Page 3 of 5 different in some places because it was put together in pieces over the years. Grimes agrees and notes that changing Multiple Member Boards to City Agencies is all right. She states that she wants to make sure that the Committee understands what is being deleted and moved etc. She also notes that she is not criticizing Atty. Decoulas's work as he did what he was charged to do. rUFFI Decoulas explains that there seems to be a difference of opinion on this as Bob Monroe explained to him that the administrative code enacted in 1996 as a reorganization plan was submitted by the Mayor. He also notes that the City Charter covers the Authority of the Mayor. Slate questions if that was enacted as an administrative code or an organizational chart. Decoulas explains that it was enacted under the City Charter in 1996. Slate also questions if the Charter defines what the administrative code is. Decoulas states that he does not think that there needs to be any reference to the Administrative Code. and whether all new business Slate explains that the rules and orders of the City Council call for the Standing Committees and are referred to in the City Charter. He reviews Article 10, Page 29 regarding the three standing committees and noted that it is also in the City Council Rules. P.10 -Items 10 &11 (10) Review how the legislative history of the Ordinance is maintained and the extent to which it will continue to be maintained and referenced in the Ordinance. (11) Review cross references for accuracy and necessity Decoulas referenced the notations in the ordnance regarding changes made to the Ordinances. He notes that if there was an index to the Ordinances there would be no need to cross reference. He refers to Page 246 regarding Traffic and notes that there are several references to amendments to the ordinances. Hobin questions if they are useful. Decoulas explains that it appears that they are there to show the history of the Ordinance however they are not consistent throughout the document. Slate questions if there is a reason why the legislative history has to be included. City Council Ordinance Review Subcommittee Draft Minutes — January 14, 2009 Page 4of5 Decoulas will check with the Attorney Generals Office or the City Solicitor to see if there is a reason why local ordinances have to include a legislative history. P.11—Item 12 Provide o r all r c i i, required o be done by ordinance or eliminate the Decoulas explains that he questions whether fees should be determined by Ordinance. He notes that in some instances salaries are also specified and he does not think that they should be determined by Ordnance. Slate notes that the Harbor Management Authority and Beverly Golf and Tennis set fees and notify the City Council. Grimes recalled that the City Council also approved fees for the Sign Review Board. She also noted that Building Permit fees are governed by Ordinance as well. Decoulas recommends that all reference to fees be removed from the Ordinances and have city agencies and departments set the fees with the approval of the City Council. Slate suggests that would be a policy decision that should be decided by the full City Council. He also notes that it is not consistent in the Ordinance and it is not consistent in practice so this should be left for the policy discussion. I WIN „ 'N Create a list of the due date for official appointments to ensure that the membership is on a rotating basis in accordance with the City Charter. Decoulas explains that he looked at the Website and it did not appear to be updated. Slate explains that the Mayors office keeps track of appointment dates and when he inquired he was told that it is current. He noted that the City website is not up to date with new and reappointments and that needs to be addressed. Review of June 30, 2008 Letter from Arty. Decoulas P. 1— Last Paragraph I have deleted the provisions in Article 4 that provide for the establishment of directors of the various city departments which specify qualifications for the director. I hav stricken these qualification provisions to be consistent with the charter at section 3 -3 which provides that "Mayor shall appoint, subject to the review of such appointments by the City Council.....” Such qualification may well be the basis for review by the council of the Mayor's appointment, but such restrictions may unnecessarily eliminate a desirable appointment Slate notes that it should be with the affirmation of the council. Slate states that he thinks that the issues on page three of the letter may be policy considerations. Next Meeting The next meeting will be held on Wednesday, January 28, 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 Hobin. The motion carries. The meeting was adjourned at 9:00 p.m.