Loading...
2009-12-02Man ARTY 1 21 , 031 TEMIM f who— asqYANTRalf i" ATNUM; Wam" n Apinalum zmo WINS50 WWMIMSI WANIAWAS I V�� Umv f; �P� U nfz t 6 ME T`�.-iR, "AA a. - Ilmll Q1 F m v d l 1, Q.10 W its al Shlq UM, Alp IRMA eamao L"a" Adhl� Ag" - �I' posts; Pop Kvi show vv �Ivjmih IEU :10 situ RV i V la g zy Palm 00101 Whdv'�� W City Council Ordinance Review Subcommittee Draft N inutes — December 2, 2009 Page 2 of 8 Hobin states that it looks like the position was deleted because it is vacant and should be left in. Grime and Slate agree. Grimes also notes that the Scope of Activities was deleted. Hobin notes that it was moved to another section. Page 104 (gl Change the word "among" to "between". Section 3 -314 Constables Slate suggests that (d) be added regarding the fee for constables that was passed by the City Council. Comment JND 108 — Dog Officer — (Animal Control Off Atty. Decoulos comment states: Is this the some as the animal inspector? Slate suggests that the last sentence be deleted. Hobin and Grimes agree. Comment JND 109 — Section 3 -316 City Electrician Atty. Decoulos comment states: See Charter Chapter 7. State notes that reference to M.G.L. should be left in and the rest of the language is fine. Section 3 -318 Engineering Director of Hobin notes that this was moved to another section. Comment JND 110 — Section 30303 Director of Eng ineering Atty. Decoulos comment states: Specific qualifications in 4 -303 (2) have been deleted as unnecessarily restrictive. Grimes states that they should be put back in. Slate and Hobin agree. (3) South Essex Sewerage Commission State notes that the word "Commission" should be changed to "District". Comment JND111 - Section 304 -3 Eire Chief Atty. Decoulos comment states: I have deleted the reference in 3 -320 that the Fire Chief shall be a City Officer and Public Safety Of because City Officers is defined in the Charter and the designation of particular officials as City Officers throughout the Ordinance has not been consistent and the definition in the Charter is straightforward Only the Fire Chief and the Police chief have been designated Public Safety Officials which under the Charter permits the Mayor to appoint them for up to five years. There are other officials that may also serve as public safety officials which have not been so designated such as the Director of Public Health. The question is then what officials are to be appointed far up to five years. The Charter does not speck how an official gets designated as a public safety official. Slate notes that this was dealt with in previous discussion. Comment JN 112 - Section 304 -3 Eire Chief - Qualificatio Atty. Decoulos comment states: specific qualifications 4 -304 -3 (1) have been deleted as unnecessarily restrictive. ]Vote that there were none provided for the Police Chief. Slate notes that this was dealt with previously. City Council Ordinance Review Subcommittee Draft Minutes — December 2, 2009 Page 4 of 8 Section 3-324 Harbormaster State notes that the Harbormaster reports to the Police Chief. Hobin notes that it is on page 57 under Police Protection. Comment JNDI 14—Director of Public Health — Powers and Duties Atty. Decoulos comment states: There is none in the code regarding the provision that the Director of the Health Department shall have technical supervision of all employees of the Health Department. Slate suggests that this be left alone. Hobin and Grimes agree. Section 305-2 Director of Human Resources — Scope of Services Section Deleted. Hobin notes that it has been moved and notes page 45. Comment JND115 — Section 305-3 Director of Human Resouces Alty. Decoulos comment states: Specific qualifications in 4-305-3 (2) have been deleted as unnecessarily restrictive. Slate suggests that this be left as is and no changes should be made. Hobin and Grimes agree. Section deleted by Decoulos. Hobin notes that it has been moved to page 46. Comment JND117— Director of Finance Atty. Decoulos comment states: Specific qualifications 4-306.3(2) have been deleted as unnecessarily restrictive. Slate states that the qualifications be left in. Hobin and Grimes agree. Section 3-332 — Director of Municipal Inspections — Scope of Department Activities Decoulos deleted lkv .section. Hobin states that it has been moved to Page 50 Section 3-334 — Director of Planning and Development — Scope of Dep Activities Decoulos deleted this section. Hobin states that it has been moved to Page 53 Section 3-335 — Plumbing Inspector — Mode of Appointment — Term of Office Decoulos deletes Director of Municipal Inspections shall, subject to the consent of the Mayor appoint a Plumbing Inspector and changes the sentence to read that the Mayor shall appoint a Plumbing Inspector...... . Slate states that this should be left alone and no changes made to the ordinance. Grimes and Hobin agree. City Council Review D- • li• ,_ , of 8 Comment JND118 - Section 3-336 — Police Chief Atty. Decoulos comment states: Reference as a City Officer and Public Safety Officer have been deleted.. See comment at Fire Chief. I have deleted the reference in 3 -320 that the Fire Chief shall be a City Officer and Public Safety Official because City Officers is defined in the Charter and the designation of particular officials as City officers throughout the Ordinance has not been consistent and the definition in the Charter is straightforward. Only the Fire Chief and the Police chief have been designated Public Safety Officials which under the Charter permits the Mayor to appoint them for up to five years. There are other officials that may also serve as public safety officials which have not been so designated such as the Director of Public Health. The question is then what officials are to be appointed for up to five years. The Charter does not specify how an official gets designated as a public safety official. Comment JND119 - Section -336 — Police Chief Atty. Decoulos comment states: No specific qualifications were provided in Article 4. Slate notes that the Committee agreed to put the qualifications back in for the Fire chief and should do so for the Police Chief. Grimes and Hobin agree. Slate also notes that that there should be a job description for the Police Chief put in with the qualifications. Sect 3 338 Director of Public Services —Scope o Dep artment Activities Slate notes that the Scope of Department Activities has been deleted. Hobin notes that it has been moved to page 58. C oan 3 -339 Director o Purchasint; Atty. Decoulos comment states: specific qualifications at 4 -311 -3 (2) have been deleted as unnecessarily restrictive. Slate notes that the qualifications should be put back in. Grimes and Hobin agree. Se ction 3 339 Director of Purcbasin — Scone of D Activities Slate notes that the Scope of Depar tment Ae ivities has been deleted. Hobin notes that it has been moved to page 60 S ection 3 342 City Solicitor —Scope of Depart Activities Slate notes that the Scope of Department Activities has been deleted Hobin notes that it has been moved to page 39. City Council Ordinance Review Subcornnrnittee Draft Minutes — December 2, 2009 Page 7 of 8 . Comment JND121 — 301.3 City Solicitor — Term of Office Atty. Decoulos comment states: Charter does not permit this, with regards to Section 2- 10 of the Charter for a term not to exceed three years, as may further be provided by ordinance. Comment JND125 — Airport Parkin � Atty. Decoulos comment states: Who has the authority over this? The Airport Commission or the Parking Commission. Slate states he thinks it is the Airport Commission. Grimes and Hobin agree. Comment JND126 - Section 4A -26 Created — Care Etc. of Airport —, Not to be Connected with Operating Firm or Lessee Atty. Decoulos comment states: Section 3 -202 establishes the Airport Commission with 11 members. Appointment methods are not identical. Recommend to delete this provision and revise3 -202 to include desired provisions here in Chapter 4A. Hobin notes that it is addressed on page 69 and two members of the Airport Commission shall be residents of the Town of Danvers. Slate notes that there is a system in place. He states that he will check with the City Clerk to see what the term of the license is and if the fees for licenses and violations are up to date in the Ordinance. Comment JND142- Section 5-1 Buitdtng Permit Fees Atty. Decoulos comment states: Review all fees for accuracy. Recommend schedule of fees as per the department as shall be approved by the Council. Slate notes that he had a conversation with John Dunn regarding this and he suggests that sp ecific pec ic fee amounts be kept out of the Ordinance because they can change. He suggests that Steve Frederickson or John Dunn review the fees for accuracy. Grimes and Robin agree. Comment JN1)144- Section 5-2- Numbering of Buildi Atty. Decoulos comment states: Building Inspector? With regards to the issuance of a notice, citation, or complaint may be done by any police officer, and or code enforcement officer of the Board of Health. Slate states that he agrees that it should be the Building Inspector, Grime and Hobin agree. The change will remain. Comments JND145-149 Chapter 6 – Civil Defense and Emergency Planning Atty. Decoulos comment states Move to City Department section or City Officers section. State states that he will check with Mark Foster to see if the Operations Plan is stilt in effect with regards to Chapter 639 of the Acts of 1950. Next Meetin The next meeting of the Ordinance Review Subcommittee will be held on Wednesday, January 6, 2010 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