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2009-11-18City Council Ordinance Review Subcommittee Draft Minutes — September 30, 2009 Page 1 of 7 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: November 18, 2009 Board: City Council Ordinance Review Subcommittee Members Present Chair Wes Slate, Patricia Grimes, Kevin Hobin Members Absent: None Others Present: None Recorder: Eileen Sacco Slate called the ee g to order at 7:00 p.m. Approval of Minutes The minutes of the Ordinance Review Subcommittee meeting held on Wednesday, September 30, 2009 were presented for approval. Hobin moved to approve the minutes as amended, Grimes seconds the motion. The motion carried. Slate notes that Council President Elect Mike Cahill is holding meetings with City Councilors regarding Committee Assignments for the coming year. He explains that he talked with him about reappointing members to the Ordinance Review Subcommittee noting that he would like to finish this task. Review of Comments Comment JND 32 Beverly Housing Authority Term of Appointment Atty. Decoulos' comment 32 states: Charter 3 -3 says 3 years Slate explains that during conversation with Mayor Scanlon he said it should be a 5 year term. The Committee agreed to change the length of term to 5 years to reflect current practice. Comment JND33 — Beverly Housine Authority Composition Atty. Decoulos comment states: How does this work? In reference to One member of the BHA shall be appointed by the Massachusetts Department of Housing and Community Development for a term of five /three years which expires in a different year than any member appointed by the Mayor. Grimes note that it is a policy issue governed by State Law. City Council Ordinance Review Subcommittee Draft Minutes — September 30, 2009 Page 2 of 7 Comment D34— Beverly Housing Authority Composition Are these identified in reference to One of the four members of a Beverly Housing Authority shall be a tenant in a building owned and operated by or on behalf of the local BHA who shall be appointed by the Mayor from lists of names submitted by each duly recognized City wide and project wide tenants organization in the city. Slate notes that he will check on that but would think that it is an organization of tenants and is sanctioned by law. Comment JND34 — Beverly Housing Authority Composition This should be a general provision applicable to all with regard to the sentence that Every member, unless sooner removed, shall serve until the qualification of his successor. Slate noted that it is a general provision applicable to all is true and should be left as is. Grimes and Hobin agree. Comment JND36— Beverly Housing Authority Composition Mass DHCD? With reference to the sentence As soon as possible after the qualification of the members of a Beverly Housing Authority, the City Clerk shall file a certificate of such appointment with the department...... Slate will check on this with the City Solicitor. Comment JND 37 — Beverly Housing Authority Composition Is this done? Why is it necessary? With reference to the Secretary of State sh -- �� is ye city clerk a certificate organization, and such certificate shall b e conclusive evidence of the lawful organization of the authority and of the appointment of the members thereof. Grimes notes that this is a policy issue that it is probably governed by state law. Hobin agrees. Grimes notes that M.G.L. is deleted in several places throughout the document by Decoulos and questions why this was done. Hobin agreed. Discussion ensues and the Committee suggests that the reference to M.G.L should be left in the document. Comment JND 38 — Building and Other Facilities Planning and Construction Committee — Composition, Mode of Appointment and Term of Office What does this serve? How is this different from Multiple Member Bodies? With regard to the last sentence in (a) This Committee shall not serve directly under the Mayor. Slate notes that it is not independent. Grimes notes that the Planning Board, Conservation Commission, and Zoning Board of Appeals do not report to the Mayor. City Council Ordinance Review Subcommittee Draft Minutes — September 30, 2009 Page 3 of 7 (b) Authority and Responsibilities Slate notes that the word Municipal is deleted from the sentence the Committee shall meet from time to time with representatives of all relevant city agencies. Slate suggests it be left in. Hobin and Grimes agree. Comment JND 39 — Section 3 -208 Cable Advisory Committee Website says Cable Television Advisory Committee. Need to correct either one. 6 below refers to Cable Television. Slate states that he agrees with the comment and television should be added. Grimes and Hobin agree. Comment JND 40 — Section 3 -208 Cable Advisory Committee - Composition What is the function of the alternate members? Slate notes that this is current practice and should be left as is. Comment JND41- Section 1 -109 And Internet? With reference to The CAC acts as a sounding board for citizen complaints and suggestions relating to the cable television services...... Slate notes that right now it is just Comcast providing the service and there are likely to be others in the future. Hobin notes that Internet is one of the services that is offered by Comcast and would be covered under services. Comment JND42 — 43 CAC Authorities and Responsibilities Contract? And what does this mean in reference to The continued review of the original License with the right to call for action if /when discrepancies occur. Slate notes that the Cable services are licensed by cities and towns. Comment JND44 —CAC (5) Enacted as an ordinance? Is this done? With reference to the sentence... The Committee shall develop and submit to the City Council a document including policy statement and specific procedures for use of cable television...... Slate states that he will check on this. City Council Ordinance Review Subcommittee Draft Minutes — September 30, 2009 Page 4 of 7 Comment JND44 — Section 3 -209 — Cemetery Commission Grimes notes that there are six members on the Cemetery Commission listed for the makeup of the Commission and'tl ere mumber of members for the composition says five. She suggests that the Committee ge five to six. Hobin and Slate agree. Conservation Commission (b) Authorities and Responsibilit Slate notes that the last sentence has been deleted by Decoulos which reads ... The Conservation Commission is an advisory and regulatory committee of the city. He recommends that it be left in the document. Grimes and Hobin agree. Comment JND49 — Conservation Commission Authority and Respo nsibilities The Commission may receive monetary gifts for development of a Conservation Fund and expend the same, subject to the General Laws and the approval of the Mayor. Any need to deal with the use of its fees? Slate states that he does not think that the Committee needs to address this. Grimes and Hobin agree. Slate suggests that the entire section remain as written noting that there are two other deletions one pertaining to M.G.L. and the other changing the word Commission to Committee. Grimes and Hobin agree. Section 3 -211 — Contributory Retirement Board Slate notes that M.G.L. has been deleted and should remain. Grimes and Hobin agre Comment JND51 - Section 3 -212 — Cultural Council Why term limits here and not anywhere else? Should there be a general provision on term limits? Grimes states that she feels that it should be left alone noting that there is probably some reason for it. Slate and Hobin agree. Slate notes that the last sentence in (b) Authority and Responsibilities for Cultural Council is deleted. It reads The Cultural Council is an advisory and ministerial committee of the City. Slate suggests that it be left in. Grimes and Hobin agree. Comment JND52 - Section 3 -213 — Design Review Board — Composi May an associate member serve? What are designated design review districts? Slate notes that there is no provision for associate members and recommends that it be left alone. Grimes and Hobin agree. Building Inspector title needs to be revised throughout the document to be consistent. Slate suggests that he title should be consistent with what is referred to in the City Charter. Comment JND57 Section 3 -213 — Design Review Board — (b) Authority and Responsibilities The word rehabilitation is ambiguous. Slate suggests that it be left as it is. Grimes and Hobin agree. Comment JND58 Section 3 -213 — Design Review Board — (b) Authority and Responsibilities What does Merry out mean. Should it be meter? Slate will check on this with the city solicitor. Comment JND59 60 - Section 3 -213 — Design Review Board — (b Authority and Responsibilities Dated? As amended? From whom? Seems to deal with sandwich board signs. With reference to Waterfront Revitalization Phase II Report and Downtown Revitalization Plan and the General Guidelines of the Beverly Sign Ordinance. Grimes states that it should be left as is. Slate and Hobin agree. City Council Ordinance Review Subcommittee Draft Minutes — September 30, 2009 Page 6 of 7 Comment JND61 - Section 3 -215— Design Economic and Community Development Council — Composition Q Grimes notes that there is a representative of Beverly Main Streets on the ECDC. Discussion ensues regarding the number of members for the ECDC. Grimes notes that not all spots are filled at this time. Section 3 -219 — Harbor Management Authority — Composition Slate notes that the sentence Such members shall to the extent possible be versed in the policy and direction of Beverly Harbor. He recommends that it be left in the document. Grimes and Hobin agree. Comment JND72 - Section 3 -219 — Harbor Management Authority This is per the legislation, but what leases does it have the authority to enter into? Slate notes that the HMA executes leases for the boat slips at the marina. Hobin questions who sets the fees. Slate explains that the HMA sets the fees annually and the City Council is notified. Comment JND73 -74 - Section 3 -222— Historic District Commission — Composition What are alternate members duties and which ones are designated as alternates? Slate suggests that it be left as is. Hobin and Grimes agree. Slate will check on the language regarding the Greater Salem Board of Realtors. Comment JND75- 76 -77 -78 - Section 3 -222— Historic District Commission — Composition Slate also recommends that no changes be made to the language regarding Exclusions from Commission Review. Comment JND79- Section 3 -224— Board of Library Trustees Nothing is mentioned in the charter on the trustees serving without compensation. Comment JND80 - Section 3 -225— Licensing Board Last sentence refers to political parties. JND comments leading? How is this determined, Republican, Democrat. Is this how the member is registered to vote? Why exclude and Independent? Slate will check with the City Solicitor on this. City Council Ordinance Review Subcommittee Draft Minutes — September 30, 2009 Page 7 of 7 Section 3 -227— Open Space and Recreation Commission Slate notes that the word space should be inserted in (i). Comment JND 88 - Section 3 -228— Parking and Traffic Commission - Composition Regarding the composition of the Parking and Traffic Commission notes that employees cannot be members ofAgencies. Slate will check with the City Solicitor regarding this. Slate notes that "to the City Council" should be inserted after the word recommendations. Comment JND 94 - Section 3 -230— Planning Board — Authority and Responsibilities Is this site plan review? Is this in the zoning ordinance? Is there authority to deny? Slate will check with the City Solicitor on this. Comment JND 100 - Section 3 -304 Open Inspector of Animals Is this the same as animal control officer ldlk/a Dog Officer? (Slate suggests that it be left as it is. Next Meeting The next meeting of the Ordinance Review Subcommittee will be held on Wednesday, December 2, 2009 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.