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2010-04-24Draft Minutes — AW 2;4, 2OW Page I of 12 CITY OF BEVERLY Date- April 24, 2010 Board: City Council Ordinance Review Subcommittee Members Present Chair Wes State, Kevin Robin, Sin Latter Members Absent: None Recorder: Eileen Sacco r#74r--flF-19M�1 M %3'11 I .. The minutes of the Ordinance Review Subcommittee meeting held on Wednesday, April 14, 20 were presented for approval. Hobin moved to approve the minutes Latter seconds the motion. The motion carried. Slate notes that he reviewed the City Charter with regards to the requirements for Ordinance Review. He suggests that he will send a draft report to Atty. Decoulos with the deten of the Committee - regarding the cominents'ktty. Decoulos made in his initial review of the Ordinances. He explains that he will provide a list of policy issues and the Council should refer them to Legal for -review and in tam it would be referred out of Committee to the full City Council. Hobin agrees. lmy�M' I =M NUM M m Atty. Decaulas catninents states: Established in 3-329 — Recommend delete and move desired provisions to multiple member bodies section. Slate agrees that this should be moved. Hobin and Latter agree. Comment JND 288 Changes to be Submitted to Board Arty. Decoulos comments states: Delete these sections as within the regulations of the Planning Board. Slate agrees this should be deleted. Hobin and Latter agree. City Council Ordlr=ce Review Subconunittee Draft Minutes — April 24, 2010 Page 3 ®f 12 Comment JND 305 - 20 -4 - Municipal Garage Atty. Decoulo.s cornnaent swes.- Afove to Public Services or delete. Slate agrees that it should be moved to public services. Latter and Robin agree. Slate suggests that the section be left as it is and not deleted. Robin and Latter agree. Comment JND 316— 20-29 — Unaccepted Streets Arty. Decoulos comment states: What does this mean? With regards to the use of the term "editor" in the revision description. Slate agrees that this should be deleted. Latter and Hobin agree. Comment JND 317— 20 -35 - purchases Atty. Decoulos comment states: Current.. Regarding that the Director of Public Services shall contract for and purchase all supplies and material for his department except fuel, in the sum of four thousand dollars ($4,000.00) ...... . Slate will check with Dave Gelineau on this. Slate agrees that this should be moved. Latter and Hobin agree. Streets Highways and Bridges Comment JND 321— 20-86 — Ultimate Control of City Council Atty. Decoulos comment states: Not necessary as this is always the case. With regards to the sentence... All of the authority granted in this article to the committee on public services and aid shall be subject always to the control and direction of the City Council. Slate states that this section should remain as it is. Hobin and Latter agree. Comment 322— 20-87- Notices of Defects and Obstructions; Fences, Barriers and Li hts Atty. Decoulos comment states: Not really necessary as it is a legal obligation anyway. Slate suggests that this should be left as is. Latter and Robin agree. Comment JND 323— 20-88 Notice to Certain Corlsorations and Salem City Council of Proposed Work; Work done by such corporation; Notice to abutting Owners Atty. Decoulos comment states: Is this and the next section necessary given Dig Safe? Slate suggests that Salem should be changed to Beverly. Hobin and Latter agree. He also notes that the names of the utility companies should be reviewed and the phrase "or successors utility companies" should be added. Comment JND 324— 20 -92 — Permits to Make Excavations and Cause Obstructio ns, Fees Atty. Decoulos comment states: Is this current? Should it be flexible as per the Commissioner or per some schedule. Slate will check with John Dunn on this. Latter and Hobin agree. Comment JND 325— 20 -95 — Width and Grade of Streets Atty. Decoulos comment states: Seems that this and next section come within Planning Board subdivision regulations. Slate will check with Tina Cassidy about this. Latter and Hobin agree. Atty. Decoulos comment states: No enforcement is provided. Regarding the sentence....The DPS shall not allow a cross connection to exist with the public water systein unless it is considered necessary and all appropriate approvals and permits have been issued. City Council Ordinance Review Subcommittee Draft Minutes - April 24, 2010 Page 9 of 12 Slate notes that the fee is $50.00 and suggests it should be $500.00 He will check with John Dunn on this. Latter and Hobin agree. C'OM nent 333- 20-169 - ,St€rrmwater ana ement Adylsor Cot�ee Atty. Decoulos comment states: Move to Multiple Member Bodies section. Slate suggests that this be included in multiple member bodies and left here as well. Latter and Robin agree. Drai i D rain s ou o Atty. Decoulos comment states. Current? Regarding -.. - person to the Director s hall be granted shall pay therefore the sum of S2. 00, pa tor of Public Services Slate will check with John Dunn on this. Latter and Robin agree. Atty. Decoulos comment states: No provisions for violations of the foregoing. Slate refers to page 372, section 20 -170 and notes that there is a $300.00 fine for illicit connections. Latter and Robin agree. Comm 336- Assessments - 2 1 -31- d-_,,m-r5aII Atty. Decoulos comm ent-states: Are fees current? Slate will cheek with Sohn Dunn on this. Latter and Robin agree. C®mm I) 337 Assessments - 21 -31- Generally Atty. Decoulos comment states: Confusing. Wouldn't the estate abut the way? Slate states that it should be the Director of Engineering. Latter and Robin agree. qpqq ic Arty. Decoulos comment states: What is certified or notified? Need this by both. Suggest Director of Engineering. Slate states that it should be the Director of Engineering. Latter and Robin agree. Atty. Decoulos comment states: To be renumbered M Atty. Decoulos comment states: Public Services and Aid shall decision shall be final. !i Has this been done? With regard to ... the committee on establish a written procedure for such review and its Slate will check to see if this is legal. Hobin and Latter agree. Com—, YNin 349– 23 -7 – Vlantzn Public Trees and Shrubs Atty. Decoulos comment states: There is none. Substitute City Arborist? With regards to the Forestry Department. Slate agrees it should be changed to City Arbonst. Hobin and Latter agree. 1, 1 t Atty. Decoulos comment states: City Arborist? With regard to Forestry Department State agrees it should be changed to City Arborist. Hobin and Latter agree. _ - - ® . , - B _ – kwnlieations to P erform Work Inforpnation Required Atty. Decoulos comment states: This can be problematic. Especially in subdivisions when permitting is done simultaneously. With regard to ... no such application shall be accepted as complete before all permits, variance a� the time of such Notice Ordinances of the City with respect to the propos z ac have been applied for or obtained. Slate will check tin this with Tina Cassidy. . Hobin and Latter agree Slate will check on this with Tina Cassidy. Hobin and Latter agree. Slate will check on this with John Dunn. Hobin and Latter agree. Next MtLtiffig State sugges that he will compile a report for Attorney Decoulos with the Committee's recommendations and decisions and hopes to set up a meeting of the City Council when the budget is completed but before the summer break. There being no further business to come before the Committee this at this time, Hobin moved to adjourn the meeting. Latter seconded the motion. The motion carried. The meeting was adjourned at 12:30 p.m.