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HomeMy WebLinkAbout1987-06-23 87-241 ORDINANCECity of Bangor -- Departmehtal Reorganization Be it mdaiud by the MY Councl6 of the wfot/owe: THAT all of Chapter II of the Ordinances of the City of Bangor be repealed and replaced with the following: (Attached) 8I-241 Introduced by Councilor Shubert, Tune 23, 1987 CITY OF BANGOR (TITLE) (OTDIpffitt0t Repeal of Chapter II of the Ordinances of the City of Bangor -- Departmehtal Reorganization Be it mdaiud by the MY Councl6 of the wfot/owe: THAT all of Chapter II of the Ordinances of the City of Bangor be repealed and replaced with the following: (Attached) 87-241 ORDINANCE In City council June 23.1989 Repeal of Chapter II ( TITLE') +8%. A,8 consider let meeting in.. July of the ordin cea of the Cltp P *� City of Bangor-eDepartmental y� CITY CfBVqEA'o OR mtl ReorganizationYCIERR City clerk//t =e1 Ey, vwuman In City Council July 13.,1987 Withdrawn CSAP11iR II AR!'[CIS 1 - GFNEPAI, AL}IINISTFATIVE P%ARSIIXS Sec. 1 Departments Established The following Wpatt is of the City of Bangor are estahlisl d: (a) Executive Deparhment (b) Iagal services lapar t (c) aaninistrative Services Department (d) Cnmunity Deeources Department (e) Mi oft Department (f) police Deparment (9). Fire Department (h) Public services Department (i) Deieicpment Department (j) Bass Park Mpart t sec. 2 i ctions. Each Department shall perform all functions prescrihetl for said Depadhaent an er the City Charter, uMer Nis CMiname, aM as otherwise provided by law. Sec. 3 Dela nt Heads. Unless othemise provided by law, all department heads shall be appointed by t10 City Manager, on the basis of merit aM fitness alms, subject to confirmation by the City Council. 3.1 Duties. Each departmant head shall perform all duties assigned to his or her respective position uuWer this oMinance or as otherwise i:poseI by law. Each department Mad shall also perform such a69itimal duties as may be required frau time to time by the City Manager or the City Council. 3.3 Monthly Report. Each mm every department head stall submit a written report to the City Manager of the activities of his or Mr department for tM preceding month. CHAPtER II ARTICLE 2 - E%ECM2 [ePAk1MENT Sec. 1 Executive Department PunC[ions. 'this Department -shall administer, inordinate and snpervise all activities of the City's administrative structure. Sec. ] city Manager. There shahbe a who ensua intwd e ssrrve theChiefExecutiveExecutithe ve council, aM pominis[eative Officer of the City of angor. 2.1 Curies. In addition to each duties as may be hPoem by law or required from time to time by the City council, the City Manager shall: (a) Attem] CaunCil Meetings. Attend meetbgs of the City Camcil, am reacumend for mWtim such measures as he may dere, expedient. (b) Appoint and Dismiss 0,wlOIamO- AWO'ai, accordug to the provisions of the City Charter, qualified officers am egnloyeas W the administrative service and shall nave the Power W dismiss, suspem ani discipline all such emPloyeas in actvrdance with such rules and mgulatims as may be mcptm by the City COuncil. Ie shall requite the faithful perfommnce of all administrative officers am small have the authority W authorize a department head at officer responsible W him W appoint and resume subordinates serving under that department head or officer: he shall also have the authority W appoint assistant, deputy or acting department basis as may he required in the absence of the department head. Ic) Annual Report. Prepare am present W the Council an Arcual Report of the City's affairs ad such other resports as the Council shall require. (d) Mudge[ Remr[. eanvaal WagersssWwiug estimates of mwnt to the Council an the firmcial needs am resW[Ces of the City for each ensuing year, including a program of activities within the financial parr of the CitY, wMhmYl g in it a budget document with proper supporting schedules am analyses. (e) Prescribe imles. Prescribe such rules ane reguletims as to shelf deem necessary Or expedient for the onmrOt of administrative agencies subject W his authority, am to make, suspend or areal any rule or regulation of the administrative service by whomever Prescribed. Ifl Investigations. Investigate, examine or inquire into the affairs or operations of any department, division, Damao or office under his control and to oonduct t1he same in other depxboents mat under his control when so autborixed by the City coon il. 191 Cannittee r000intments. Appoint such aaninistrative manittees as he shall find necessary for the proper consideration of amministrative psdlems. Such committees shall meet an tta request of the City Manager and shall make such recrnmendations on matters referaed to than as they shall find necessary for the best interests of the City. -3- Q PfSk Ix P0.TICIE 3 - IK.PL SERVICES ESPANR1Qlf Sec. 1 I¢]al Services DeCaRmen[. This W r went shall consist of the xagal Division and tad Aesessilg Division and shall be under Hre general supervision and control of the City Saticitor. Sec. 3 City solicitor. fhors shell is a City Solicitor apointe3 by the Qty O>unc11. Sec. 3 Isaal Division. The legal Division shall M under the direct supervision and control of the City solicitor ard shall perform t1he following functions: (a) Mvice. The legal Division shall give Mvice to all City officers and employees spm their request. when appropriate, the advice shall te in rritiy. (b) Formal Opinion. Any city councilor, the bead of aw a"Tonent or tad City Manger may at any time r st a formal opinion on a question relating to city gwernaMot Or city Weiress. Its legal Mvisim shell lsepaze the formal opinion. (c) Po resentation in Civil litigation. The City Solicitor shall repesent de City in all Civil litigation. Ila City Solicitor is auttnri N w file all roses anal civil actions of all kinds required in his opinion W protect tis, interests of the City. foe City Solicitor is also authorized w defend all matters on Mhalf of the City. (d) Prosecution of onlinanm violation CasaS. TTe U e Division shall prosecute all ordinance violation casae filed on behalf of the City. (e) PreNratim of orditames. The legal Division shall prepare ordinances for submission to the City Gsncil at the r yvest of any matter of tad City (basil or the City"ager. (f) other Documents. The Legal Division shall draft all deeds and otMr instruments which may ba tegurred in tad affairs of Ue City. (g) Additional counsel. hfien, in tine Winim of the City Council, it MY bacons necessary to lave the aid of additional counsel, the legal Mvisim shall " ca such counsel at the expanse of the City. -4- Sec. 4 Assessing Division. it shall be the function of this Division: (a) Establish Proparty valoations. To establish equitable valuations on all pr iaerty, both real and personal, for t1na purpose of taxation. (b) Prepare Assessment iblls. Tb prepare all work in connection with the preparation of all assessment rolls and levy taxes therefrom. (c) aWteirent iucois. To keep a recd i of abatenent of taxes which shall at any time be all . This ream, shall contain the nare of the persons whose taxes may be abated, in w ole or in part, the amount originally assessed a the amount abated, with the reason for the abatenent, and said recoaa shall be open to the inspection of arty person who may be interested therein. 4.1 Gief Assessor. There shall be a Chief Assessor, appointed by the City Council, who shall have direct supeevisrn ani control of the operation of the Division. CINP1£R II ARFICIE 4 - ADKINISIMTIVE SERVICES DEPARIMEW Sec. 1 eduinistrative Services Department Established. This Department shall consist of the Finanrv; ¢ Division, Perael Division, Records DiVisims Central Services Division, and shall he under the general supervision and onntrol of the Administrative Services DirecWr. Sec. 2 Administrative Services Director. The Administrative Services Director shall he appointed by the City Manager, subject W wnfinnation by the City Council. Sec. 3 Finance Division. It shall be the faction of this Division W recoW and manage all financial transactions, �enues, aisbursemente of the City. Ibis DiviSim shall performall necessary analyses, projections anal planning as W the financial needs of the City; shall take all necessary action for the borrowing of funds as may he authorized by the City Council; and shall be responsible for the prudent investment of City funds. 3.1 Finance Director. Ibem shall be a Finanta Director appointed by the City Manager, subject W confirmation by the City Council. He or she shall perform such duties and assume such responsibilities as are imposed on the Finantt Director under the City Charter. In the performance of such duties, the Finance Director shall make the following Calcu- lation from the annual audit report to detemine the existence of.a General fund Cash Surplus or General Fund Cash Deficit: Combine the cash balances of the General Fund and Enterprise Fads; deduct the currant liabilities of each of the above referenced funds (ircludib] Encumbrances and current portion of Enterprise Purls lag -tern debt), but excluiing any arc nts sue between funds. In addition, deduct the reserves of the General Fund designated for a specific purpose, excluding num-cash related mounts. A positive result will be a cash surplus and a negative result will be a cash deficit. 3.2 Audition Section. Ibis section shall operate and maintain the central accounting systan of the City under the direct supervision and control of the Finance Director. 3.2.1 Auditor. Ibere shall he an Psditcr, also to be known as fx uty Finance Dire for Mditirg), W be appointed by the City Manager, subject W confinmation by the City Council. The Auditor shall have direct control and supervisim of the opemtions and employees of the AWitim Section, subject W the general supervision of the Finance Director. -6- 3.3 Treasury Section. There shall be a Treasurer, also to be known as Deputy Finance Director (Treasury), to be appointed by the City Manager, subject to confirmation by the City Council. the Treasurer shall have direct control and supervision of the operations and erployees of the Treasury Section, subject W the general supervision of the Finance Director. 3.4 Tax Collection Section. 'Pais Section shall perform all functions imposed by law for the collection of municipal taxes. - 3.4.1 Tax Collector. There shall be a Tax Collector, also W he known as Deputy Finance Director (Tax Collection), W he appointed by the City Manager, abject W confirmation by the City Council. The Tax Collector shall have direct control and supervision of the operations aha employees Of the Tax Collection SeCtim, subject to the general supervision of the Finance Director. 3.5 Data Processing Section. This Section shall Operate and maintain the City's meputer systan, and shall provide all computer services as may be required fran time W time by the City. All employees of the Data Processing Section shall be appointed by the x inistrative Services Director, subject W confirmation by the City tyaneger. 3.6 purchasing Section. Except where otherwise required by law, the sale, lease or rental of City -ow d property, real ate personal, aha the purchase, lease or rental of all supplies aM/or services for Che City, its several departments, boards and agencies, shall he performed by the Purchasing Section in accordance with regulations pmrulgated by the Purchasing Agent and approved by order of the City WUncil. 3.6.1 Purctusing Agent. There shall be a Purchasing Agent appointed by the Administrative Services Director, subject W cunfirmation by the City Council. The Purchasing Agent shall have direct control and supervision a the operations and enployses of the Purchasing section, subject W the general supervision of the Administrative Services Director. 3.7 Insurance Section. 'this Section shall procure sura administer all insurance policies and self-insured funds of the City. 'Die Insurance Section shall be under the supervision and control of the Adninistrative services Director. -7- 3.7.1 Insurance Advisory Committee. There is hereby authorized and established n Insurance Advisory Committee to consist of three (3) people who shall be appointed by the City Council. Members of this Committee shall not engage or be engaged in the business of selling insurance, either directly or indirectly, to the City of Hanger, and shall serve without compensation. 3.7.1.1 Members Appointed. Of those first appointed to the Insurance Advisory Committee, one person shall be appointed to serve for a one year term, one person shall be appointed to serve for atwo year term and one person shall be appointed to serve for a three year term. Thereafter, members shall be appointed annually to serve terms of three years expiring on December 31 of each calendar year, or their successors a e duly appointed. Any vacancy created in the Committee shall be filled by appointment by theCity Council for the remainder of the term. 3.7.1.2 Duties of the Committee. The duties of the Insurance Advisory Committee shall be to hold regular meetings and to advise the City Council, the City Manager and the purchasing Agent with respect to the administration of the City's insurance program. 3.7.1.3 Chairman of the Advisory Committee. The Chairman of the Insurance Advisory Committee shall be chosen at the first meeting of the Committee each year by vote of the Committee. 3.7.1.4 Ex-0fficio Members. Any insurance agent who may be awarded any part of the City's i a program shall serve as an ex -officio member without vote, of the Insurance Advisory Committee during the term of insurance coverage by his agency. 3.8 Stlxnl Test Fords. The following funds shall he held in trust by the Finance Division: 3 . 8 . 1 Hersey Fund. The fund of one hundred thousand dollars heretofore received from the trustees of the will of the late Samuel F. Hersey, in adjustment of his bequtst to the City of Bangor, shall be forever held in trust by said City, in the manner and for the objects hereinafter provided. 3.8.1.1 Income of Food Fixed. The annual income of said fund is hereby un- alterable fixed at four thousand dollars; to be perpetually administered as hereinafter provided, and to be paid by the City Treasurer by the order of the City Manager, and without further action of the City Council, in equal quarterly payments on the first days of January, April, July and October of each year, forever to the trustees of the Hersey Fund provided by Section 14, of Article V of the City Charter. 3.8.1.2 Investment of fund. The City Treasurer shall make no investment of, or expenditures Of any portion Of said income,' without the approval of said board of trustees. 3.8.1.3 Use of Fund. Said board Shall devote the net annual in of said fund th the perpetual maintenance of the Bangor public Library, as How existing and establisbed under the authority of the City Council and in pursuance with an agreement made and entered into between the trustees of the Hersey Fund, and the Bangor Mechanic Association, May 2, 1882, and ratified by the City Council, June 5, 1883. 3.8.1.4 Board Responsibilities to Council. Me said board shall annually pre - ant to the city Council, at the close of the municipal year, a report of their action under said trust With a specific statement of all receipts and disbursements on account of the said income for the year than ending. 3.8.2 Library Fuad. For the purpose of maintaining a free public library and hereafter provide for the necessary expense of Such amintneuace, there shell be annually appropriated by the City Council under the title of "Library, Fwd" a am sufficient W meet the estimated current expense of maintainigg such library for the benefit of the public; such appropriation to be in charge of and expended ander the direction of the trustees of the Hersey Fund. 3.6}3 Holton public School Fund. Me sum of two thousand dollars bequeathed to the City of Bangor by the will of Albert Holton, for the "Motion of public school education, shall be designated as the "Holton Public School Fund". 3.".10epait of Fund. This fund shall be deposited in the treasury of the City of Bangor, which City shall hereafter and forever annually pay to the trustees hereinafter designated, interest thereon at the rate of five per cent per annum. 3.8 3..0. Trustees Appointed. ITS Superinten ing School Committed of the City of Bangor and their s s in office are hereby constitutes the Board of Trustees of the Holton Find aid S ehereby clothed With power to receive and use the interest of said fund for the purposes stated, and to discharge their duties under this ordinance in such manner as shall in their judgment best accomplish the intent of the testator. 3.8.3..3 Use of Accrued Fund Interest. MeTrustees shall annually use the interest received by them, as hereinbefore authorized, for the promotion of public school education in whatever ways they my from time to time devise. 3J8 4 French Wool Fund. T"e sum of fou[ thousand seven hundred aM fifty dollars bequeathed to the City of ranger by the will of Charles E. French, late of Boston. Massachusetts, deceased, for the purchase of silver medals to be distributed to the Pupils of the public schools, shall be designated as the "French Medal Fund". 3.8.41 :,vestment of Fund. The am of four thousand seven hundred and fifty, set np n Section 10 of this Chapter, shall be invested in U.S. Ward Bonds, Series G. and the City shall hereafter and forever annually allow and Pay to the trustees hereinafter designated, such rate of interest as shall be received upon said investment and the City shall hereafter and forever annually allow and pay to the trustees hereinafter designated s much of the interestreceived ved upon other money being a part of this fund which has been received by way ofaccumulated income as may beary to carry out the intent and purpose of the original gift of said CharlesR.BFrench. C'L 3. b. 4.✓ Trustees Appointed. the aupeuude,C'•cp ----- _ and their s office are hereof constituted the Board of Trustees of the French Medal Fund and are hereby clothed with ewer to receive and use the interest of said funds for the purposes stated, and to discharge their duties under this Ordinance in such manner as shall in their judgment beat accomplish the intent of the testator. 3,8.9.3 Use of Fund Dividends. The Trustees shall annually provide for and purchase. from the Snteresbs i1W by them as hereinbeforeauthorizerl, silver medals to be distributed to the pupils of the public schools i such manner as shall in their judgment best accomplish the intent of the testator S.1, C szphia KirstainAtuaent Ivan Sued. The tuna of ten thousand dollars heretofor the creation of a samorial to Sophia Alastair, and to be Kneen add designated a the Sophia Firstein Student Lawn Fund, shall he forever held in trust by said City rn the manner and for the objects hereinafter provided. 1 use of Fund. The principal add interest of this fund is to be loaned to worthy boys and girls of the City of !angor, to help finance their education. Any ]NOT O girl who has been a resident of the City of Bangor for three years prior to the t ames application for loan is made, and who i a resident of said City at the time he Or she makes application, may apply to the Trustees for a loan from this fund. V..5.el Administration and Re -Investment of Fund. The administration and reinvestment of this fund is left entirely to the trustees, subject to certain rules and regulations which havebeen submitted by the donors, and which have been ratified by action of the City Council. f,&. 4 Councilmen Not Eligible for Board Membership. NO member of the City Council shall be eligible to the office of a member of this board, and the election of the City Council of any member of the trustees shall Create a vacancy in said board, and any vacancy arising insaid board shall, for the unexpired term he filled in the manner above presented by the City Council. 3.$.1 Trustees Sworn to Office. The trustees shall be sworn to the faithful performance of their duties under the trust, and shall receive no compenstion therefor. 3,ItA Matter provisions Omitted. The provision of this section see provided for by Section 13, ArticleV of the City Chaatex are here omitted. 3,$.rj Approval of Trustees for Investments. The City Treasurer shall make no invest- ments of, or expenditures of any portion of said income, without the approval of Baia board of trustees. Chairman Appointed. Upon appointment said trustees will elect from their number one member, chairman, for a term not toe teed six yea Said trustees are to have power to receive funds or property, to be holden in trust, from any Source where such funds or property are given fro the advancement of education or for any City imprwemen' or betterment. 3%.9d Annual Report to City Coudwil. The said board of trustees shall annually present to the City Council, at the Close of the Municipal year, a report of their action under said trust, with a specific statement of all receipts and disbursements o of the said principal i e for the year ending.Insofar as said statement cabemade without disclosing the names of the borrowers. (See donor's suggestion filed in office of the City Clerk). -10- Sec. 4 Personnel Division. The Personnel Division shall he responsible for the operation and maintenance of the City's personnel system. It shall ba the function of this Divisishi (a) Maintain Rules a Regulations. TO naintain the Personnel ,Idles ani Psgulations dd the Classification and Canpereation Plan. Ib) Recruit Personnel. 1b advertise for anal recruit on the basis of merit aW fitness alone all new classified personnel for the City of Bangor. (c) Assist Departments. 1b assist the various depart is in persamel adninistration, including the operation of performance rating, the conduct of in-service training prograne, aha other staff assistance as nay be deemed necessary ani desirable. (d) Maintain Records. Tb maintain all personnel records including emrloynent history records, performance rating records, sick and annual leave records, records of proration, disciplinary actions, etc., and any other personnel records that may he de wi desirable or necessary. (e) Maine State Retiranent systmn. ab maintain records and information ars provide advice relative to a ployee rights and benefits under the Maine State Retiraent Systan. 4.1 Personnel Director. There is hereby authorized aW establishes the position of Parsomel Director whs shall be appointed by the anninistrative Services; Director, subject to confinvtion by the City Manager. 4.2 Civil Service Commission Created. In accordance with Cbapter V, Sections; 1(a) and (15) of the City Garter, there is haeefy estaislisbed a Civil Service Cb mission which shall consist of three (3) members who shall be appointed by the City Council to serve tams of three (3) years. The nanbers shall receive W o pareation for their services. If for any reason a vacancy shall exist in the mebership of the Civil Service Counission, the vacancy shall be filled forthwith by the City Council for the unexpired tern. 4.2.1 Duties. It shall he the duty of the Commission to hear aM adjudicate grievances of permanent 'e ployees of the Police and Fire Dapsrtments not subject to grievance procedures provided in collective bargain- ing contracts, and to perform such other duties a may W assigned by the City Council frau time W tines -11- See. 5 Records Diviaicn. The functions of the Records Division Shall Hes as follows: (a) Council Records. To be responsible for the recording, filing, indexing and safe keeping of all proceedings of the City Council. (b) Elections. To conduct, supervise and make arrangements for all elections, and to keep and maintain all election records and Have custody of all property used in connection with elections. (c) Ordinance Records. To record in full, uniformally and permanently all ordinances. (d) personal Property. To keep and maintain all records volving Mortgages, conditional sales o agreements and all other types f agreements Involving Personal property. I _ (e) Vital Records. To file and maintain all birth, death and marriage, and such other vital records as may be prescribed by state statute. Search of Records. Each request or inquiry requir- Hall be a inedrb a search of the vital records :shall$2.00Any y anadministrativefee of y record located aa a result of such search shall beissued in ertifiedformwithout additional coat to the requesting party. (£) Issue Licenses. To issue all licenses and permits and collect the fees required therefor as provided by state law or City ordinance. o (g) Care of Council Rooms. To Have care of the roams in the City Hall in which the City Council and committees thereof hold their s and provide all things necessary for their accommodations, —12- 5.1 City Clerk. 'there stroll be a City Clerk appointed by the City Council. 5.2 Records Retention. All records of the City of Sanger shall be retained and disposed of in accordance with regulations issued by the Municipal Records Board pursuant to 30 M.R.S.A. 55 2211 et seq. For p rposea of this ordinance, the tern "record" scull mean all documentary material, regardless of media or characteristics, made or received and maintained by a vunicipality in accordance with the law or regulation or in the transaction of its official business. 5.3 Board of Registration. lbere stall be a Board of Registration forint City of Bangor. All members of the Board shall be appointed pursuant to 21 M.R.S.A. 5 03, as amended. It shall be the function of this Board: (a) Resister voters. to approve application for that registration of voters in accordance with State election laws and to remove voters frau the registration lists. (b) Receive Manination Papers. To receive nonination papers of candidates for municipal Officers Eron tin City Clark and verify -names and addresses on petition and make other investigations be determine Nat papers meet requirements of State law. (c) Maintain Records. To maintain cmmlete records, which re up to date, of all qualified and eligible voters in the City of Bangor. Sec. b Central Services Division. 'the Central Services Division shall provide all necessary duplicating, printing and other servicas as nay be required for the operation of City goverment. The Central Services Division shall also operate and maintain a stockrnan for office supplies W be used by the various City departments. All a loyees of the Central Services Division shall be appointed by the Aduinistrative Services Director, subject to wnfinnation by the City Manager. -13- CHARIER II ARTICLE 5 - ar44MITY A6CU= DRPARD9tTT Sec. 1 ccTunity �ces Da arnsent. lh¢ FAmmnnlity Resources D3partsent shall consist of the Nursing Faci- lity Division aha the wealth c Nalfare Division, and shall be under the general supervision and control of the Director of Public Health and Wal£are. Sec. 2 Director of Public Health 6 welfare. There shall ha a Director of Public Health s kelfare appointed by the City Manager, subject to confirmation by the City Council. Sec. 3 Nusiro Facility Division. It shall be the function of Nis Division to provide lcnq-teca horsing care at both the skille3 ard intermediate levels of care for Patients at the Ba Jur City Nursing s Health Center. 3.1 Admission to Cha BanIWC City NuraiWFacility. My patient 'may ha adnit[ed m theskilled level of care regardless of city or town of legal residence. On the intermediate level Of care the patient must be a legal resident of Ba ]or. 3.2 Waiver of Rasiden.v INmuirenents. Subject to the approval of the wealth Center Cammittae of the City council, [hs AMinistrator of the Begot City Nursing Facility say waive the residency regoire- met of SUtwection 4.1 above for persona requiring immediate medical care aril who have no other recourse except the Bangor City Nursing Facility for nursing care services. 3.3 Administrator of tin IwOgOc C' Facility. There shall be an tvininistrator of the Bag¢ City Nursing Facility io shall s.@ervise the operation of the Nursing Facility. Sue Adainistrator shall be appointed by the City Manages, subject W Confirmation by the City council. Sec. 4 Health 6 Mifare Invision. It shall ha the function of this Division to meet the public health and welfare needs of the crenmmity. The Division shall consist of the Public Health Section and the Public NElfare Section. 4.1 Public Health Section. It shall be the functions aro3 duties of this Section: (a) City Dental Clinic. To maintain ane operate the City Dental Clinic. (b) Health WUCation. To establish and cooluct a public health education progran. -14- (c) Enforcement. 1b enforce all laws relating to public health, as may otherwise W provided by ordinance or. statute. (d) other functions. To perform such other functions and duties as may be assigned by the City Manager or the City Council flan time to time. 4.2 Health officer. There shall be a Health Officer appointed by the City Monger, subject to confirmation by the City Council. The Health Officer shall have all imers and Perform all functiwe established for health officers oder State law. 4.3D H 1 Health Ad 1 Cammume. There shall be a seven (5) member committee appointed by the City Council for purposes of providing advice to the Director of Public Health 6 Welfare, City Manager and City Council on matters concerning the operation of the City Dental Clinic. Three (3) of the members shall be practising dentists and four (4) shall be members of the public at large. All members shall serve until their successors are appointed. All persons serving on the Dental Health Advisory Committee on the date this Ordinance goes into effect. Shall serve for the remainder of their terms. Thereafter, membersof the committee shall be appointed annually to serve a term of three (3) years. Any vacancy on the committee shall be filled by appointment by the City Council for the remainder of the term. No person appointed to the committee shall serve more than two (2) complete consecutive terms. The Director of Public Health & Welfare shall serve as an ex -officio member. A secretary shall be appointed and shall prepare such minutes and records of meetings as the committee shall require. -4.4 Public Hes lth Adel scry Committee. There shall be a seven V) member committee appointed by the City Council for purposes of providing advice to the Director of Public Health fi Welfare, City Manager and City Council on matters in- volving the public health program of the City. Two (2) of the members shall be Doctors. One (1) member shall be a registered nurse. One (1) member shall be a registered pharmacist. Three (3) members shall be members of the public at large. All members shall serve until their successors are appointed. Of the first appointed, three (3) members shall have terms expiring on December 31, 1984; three (3) members shall have terms expiring on December 31, 1985; and one (1) member shall have a term expiring on December 31, 1986. Thereafter, each member shall he appointed to serve a term of three (3) years. Any vacancy on the committee shall be filled by appoint- ment of the City Council for the remainder of the unexpired term. The Director of Public Health 6 Welfare shall serve as an ex -officio member. A secretary shall be appointed and shall prepare such minutes and records of meetings as the committee shall require. -15- 4.5 Public welfare Section. It shall he the function of this Section to carder general assistance to all eligible applicants in accordance with all applicable ordinances aid statutes. 4.5.1 Director of Public Walfare. The Director of Public Health s Wiliam shall have all authority and perform all duties required of the Director of Public welfare under the City Charter. sec. 5 Careral Assistance codime se. The City of Banger shall administer a program of general assistance avallable to all persons who ere qualified to receive general assistance In accordance with the stan- dards of eltglb111ty as set forth herein. Applications will be accepted during regular business hours from anyone who expresses a desire to re- ceive assistance and relief will be furnished to those who qualify within 24 hours of the date of the submission of the application. Assistance In the City of Bangor will be provided for certification periods ret to exceed one month. In order to be eligible for assistance the applicant must meet all eligibility requirements of these guidelines. Eligibility for assistance will be redetermined in accordance with Section 5-9 of these guidelines. It is the policy of the department not to make Wants of cash directly to the recipients. Every effort will be made by employees of the Welfare Department to re- cognIze and encourage dignity, self-respect, and self-reliance on the part of the clients. One of the goals of the general assistance program will be to assist each applicant to achieve self -maintenance and adequate social function. The incentive to work will be encouraged. An Important focus of the general assistance program will be the preservation and strengthening of the family unit In order to secure the rights of all children to a sound ant healthy environment conducive to normal development. The general assistance program will place no restriction on the individual rights of any applicant, nor will there be any discrimination based upon race, sex, religion, and political affiliation. The Public Welfare Deport- ment will take all reasonable steps to ensure that each client is made aware of his/her rights antl responsibilities under the general assistance program. Each applicant will be evaluated individually with fair and equal treatment being guaranteed to all applicants. Any applicant shall have the right to request a "Fair Hearing" of any decision concerning his/her right to assist- ance in accordance with these guidelines and 22 MRSA a 4322. As far as reasonably possible decisions on all applications for assistance will be made at the time of application. Complete records will be main- tained and all information given by clients must be recognized as privileged and confidential. All decisions concerning an applicant's right to assist- ance will be given In writing stating the reasons why assistance was granted or denied. A notice will be posted in the Welfare Office stating the hours and days that general assistance will be administered. An updated copy of these guidelines will be maintained in the Welfare Office for easy access to any member of the public. A copy of these guidelines together with a copy of all application forms and notices shall be on file with the Commissioner of Human Services. Any amendment or modification of these guidelines shall be submitted to the Commissioner for comment and filing. _ I (,_ 5.1 Definitions. Unless otherwis a defined, all terms used herein will have their common meaning. Words and phrases having special definitions will be deanad when they first appear to the Guide- lines, except as follows: A. Applicant. A Person who has expressed by means of a written application form, either directly or through an authorized representative, a desire to receive general assistance. B. Application. An action by which a Person indicates in writing to the Public Welfare Department his/her desire to receive general. assistance. C. Application Form. A document in a form prescribed by the Director Of Public Welfare formalizing to writing the applicant's desire to receive general assistance. D. Basic Necessities. "Basic necessities" means food, clothing shelter, fuel, electricity, nonelective medical services recommended by a physician, telephone where It is necessary for medical reasons, and any other commodity w service determined essential by the Director of Public Welfare. E. Case Records. Official files of forms, correspondence, and narrative records pertaining to the application, determination of eligibility, reasons for decisions and actions by the caseworker or the Director of Public Welfare, and kinds of assistance given each applicant. F. Claimant. Any applicant or recipient who has requested a fair hearing. G. Destitute. In distress and standing In need of immediate relief. H. Director of Public Welfare. The municipal official designated to receive applications, make decisions concerning client's right to assistance, and to prepare records and communications concerning granting Of assistance. The Director of Public Welfare may delegate such tasks to other employees of the Welfare Department (caseworkers). I. Disabled Persons. A person whereby reason of any incapacity of a physical or mental nature verifiable by objective medical evidence is therefore unable to work or main- tain a home. J.Dwelling Unit. 'Dwelling unit" means a building or part thereof used for separate living quarters for one or more persons living as a single housekeeping unit. K. Emergency. "Emergency" means any life threatening situation or a situation beyond the control of the individual which, if not alleviated immediately, could reasonably be ex- pected to pose a threat to the health or safety of a person. —1'7 - L. nry Asg3stangg, �a[y, im diata assistance to persons to would he otherwise lneliaible but are unable N provide or obtain the basic necessities essential to maintain the selves Or their tamily tram any etl;e source except Men Nat on is cvrrentl din lified frmn General %sistance rcr a viola[ on of tlmeee amen M. fcrcral MsiSt Program. "G neral assistance program" means a service ad ministered by a ;mmicipality for the imre3iate aid of persons who are unable to provide Na m is necessities essential to maintain themselves or their families. N. Household. ""Fbusehold".means an eaxwnic unit mposad of a group Of individuals legally obligated for the support of eatl other; Or grocp of unrelated incUviduals to customarily share a dwllirg unit, Pm inane' Or share aXPaaSas in rn . O. In . My form Of imam in cash or in kind received by Ne household include net renumeration for services per- fo , anY Payments received as an ammfty, retirement or disabil- ity be litS, vetermu pensions, workers' compensation, mamplOy- mnt benefits, benefits under any state Or federal categozioal assistance program, SSI, SS and any other payanents from goverrnt sources, unless specifically prohibited by any law or regulation, court ordered suPPOrt HayuentS, moan from pension or trust funds ani household incom fram any other source, including relatives or unrelated houselwld members. P. Just cause. "Just rause" for failure to met work requiremnts or the use of Potential resources shall be fond i>am there is reasonable and verifiable evidence of: 1. physical or nental illness or disability; 2. below ndniman wages; 3. sexual harassment 4. physical or mental inability to perform regaired job tasks; 5. inability to work required hours or to neat piece work standards; 6. lack of transportation to a from work Or training; ]. inability to arrange for necessary child care or care of ill or disabled family mamWs; 8. any reason found to be good cause by tae faployment Security GRmmiSsion; 9. any other evidence tach is reasonable and appropriate: In all other instances 'just rause' morns a valid, verifiable reason that hinders an ie ividual in couplying with Ope at, nota caditioas of eligibility. O. Misr afild. Any person who has not attained tae age of 18 years. R. Municirality of Respcna bility. "Municipality of responsibility" n s the mnicipality Mich is liable for the support of any eligible person at the time of ap- plication. S. Need. "Needmeans the mrdi.tim a Person's inmo: arty credit, assets or other resarzss available to oroydde basic necessities Em the h"a:vidual and the individwl'e family are less than the sax s levels of assistance established b✓ these ouidelinss T. Notice. !trice shall constitute that relief shall be furoished or denim wiU 24 tours of the submission of an applicant's benefit request. D. peal Estate. "Neal Estate" means any lard, buildings, Mrns, arbile hares and any, other things affixed to that lard. V. secipiept. A recipient is a person who has hem farad aligible to re- ceive General Assistance under these Tu<aahiness by the Director of Public Welfare or his/her autxsized assistant. W. Resident. A "resident" is a person who has moved into a mmicipaldty with the intention of remaining in that municipality and establishing a household. X. Foaming [base. A hme licenacl by the City where the landlord rants ro persoss each of wham pays the landlord for his/her roma although soon persons my share other facilities such as a haat o , living romp, or kitchen. Y. Standard of Need. 17he stipulated total needs of a fandly dam^:^^+ by the iadigency fommla which when unsatisfied by miss slant resources make the person or family "reedy" for ienerai Assistance puxlnses. Z. Student MY individual over the age o£ is yearn who is currently en- rolled in a post ='marl • educational or training program not Specifically designed to easier him/her in securing employment during ra3ular business hours and by Virtue of this fact is unvailable for full time euployment during these tours. as. Unamlovable. An individual who, through no fault of his/her awn, has over a period of times demmassated an inability to secure or retain gainful auploymsnt in spite of continued diligent attempts and repeated efforts at training and retraining may be considered hmeuploymble. f 2 Confidentiality of bhfomation. Under 22 MRu §4306, records, papers, files and cahmmirations relating to an applicant ar recipiam of general assistance are axuEidahtinl and no information relating to an applicant or recipient of general assistance may be disclosed to the general public, roues expressly pesnitted by that applicant or recipient. Lhforsetim supplied to the municipality by the State Department of Hhmmh Ser- vices, under 22 NASA 64314.1, concerning recipients of categorical assistance, is to be held confidential by the mavumpality. Misuse of infomation wihether In State or mmnicipal records, concerning public assistance clients is punish- able by law as a misdarearor (22 P¢tSA 942). The Welfare Director should also be aware of laws croncer*hial the confidentiality of records concerning narcotics prescriptions (22 6 §23]4) and records birth, marriage, and death (22 Mag, 92]06). 5 3 Maintenance of Records. The Welfare Department is required by statute to keep complete records of general assistance granted in the City of Bangor. In addition to general statistical records concerning the number ofpersons given assistance and the cost for such support, a separate case record is established dor each individual or household applying for general assistance. The purpose for keeping complete records of general assistance is three -fold: a. to provide a valid basis of accounting for expenditure of municipal funds; b. to support decisions concerning the applicant's eligibility; c, to assure availability of information if a client seeks administrative or )udicial review of the caseworker's decision. When verification of circumstances affecting eligibility is needed, information recorded will be limited to what is necessary to insure validity of the decision concerning assistance. Although narrative recording may be helpful to reflect the unique circumstances of each client, the record should include only enough material to cover adequately the particular situation giving rise to the narrative entry. M1rLLmum information to be maintained in case records by the case- worker is the following: d. completed application for assistance; e. grounds for approval or denial of application; I, A narrative social history recording the need for assistance, the results of home visits, collateral information, referrals, changes in status, etc.; g. complete data concerning the type and amount of assistance granted; h. a copy of the "Notification of Eligibility" form. 5.4 Applications - Procedure. Any person who makes an application for assistance and who has not applied for assistance during the previous six (6) months, shall have his/her eligibility determined solely on the basis of need. All subsequent applications within six (6) months shall be considered in accordance with these guidelines. Y } Right to Apply. Any person has the right to apply for general assistance. An individual may do so by appearing in person before a caseworker and expressing a desire to receive general assistance and by completing a written application and other forms as may be required by ao- the Public Welfare Director. If an individual is incapacitated, aWlication may be made through a duly authorized representative. to any case %ben an applicarc is uneble, due to illness, disability, lack of transportation, lack of child rare or other good cause, to apply In person for assistance: or unable to appoint a duly auth- orized representative, the caseworker shall accept an application by telephone subject to verification by nail and a visit to the applicant's hones with the consent of the applicant. If the ap- plicant fails to give such consent, assistance will he denied. '(2)G eworker's Responsibilities t Tim of spolication. when appli- catran is rade for general assistance, the caseworker shall inform the applicant of: a. The Stardazds of eligibility for general assistance in the City of Bangor; b. 19:e applicant's right to review abd the nature of the review process; c. The applicant's respmsibility for retorting all facts material to a proper detexmiretion of eligibility and the penalties for false representation. It will he ioo- pressed upon the applicant Haat it is unlawful for any applicant or recipient to knowingly and willfully bake a false written representation to the raaeker in arde to receive general assistance (See 22 MSA @4315) and that such false rspresematim is a Glass E crime and may, upon written notice, result in a sixty 160) day d£squal- ificatlom Allegatiwvs of fraud ar,d above rade by makers of the pita rag during lar pm. d. Toa joint responsibility of the caseworker and the ap plicant for exploring facts concerning eligibility, needs and resources, and the applicant's responsibility for pre- senting records or docwmnts in his/her possession or readily available to hhm/her to support his/her stateaents. e. The kinds of verificatim beefed; E. The fact that an investigation will be undertaken by the Welfare Department as to the applicant's in, resources, and assets. That such so investigation my include an amounted bare visit bade during regular working hours: g. The applicant's responsibilities for notifying the rase - worker of any charge in circurstances that will affect his/her eligibility. In. Any other programs of assistance or service of rhrch the caacworker nay be aware or which the applicant ray avail himself/herself in addition to or in lieu of receiving general assistance; ai- Ch. IT; Art. 21 Sec. 5 (5.4.2) (i. )- (5 .4.4) (a) I. The City of Bangor's rights and remedies for the reimbursement from the applicant's relatives pursuant to MRSA ®4319. 1• The applicant's personal responsibilities for reimburse- ment to the City of Bangor under 22 MRSA §4318. Emergency Benefits Prior to Full Verification. Whenever an applicant for general assistance states to the caseworker that he/she is in need of immediate assistance to meet basic necessities, the caseworker shall, pending verification, issue to the applicant, within 24 hours of the application, sufficient benefits to provide the basic necessities needed immediately by the applicant, provided that the following conditions are met. 1. Probability of eligibility for assistance after full verification. As a result of the initial interview with the applicant, the caseworker shall have determined that the applicant will probably be eligible for assistance after full verification is completed. 2. Documentation. Where possible, the applicant shall submit to the caseworker at the time of the initial in- terview, adequate documentation to verify that there is a need for immediate assistance. 3. Information obtained. When adequate documentation is not available at the time of the initial application, the caseworker may contact at least one other person for the purpose of obtaining information to confirm the applicant's statements about his/her need for immediate assistance. 4. Idmitations. In no case: A. May the authorization of benefits under this exceed thirty (30) days; B. May there be further authorization of benefits to the applicant until there has been full verification confirming the applicant's eligibility. . (4) Temporary Refusal to Accept Application. Under special circumstances the Department may refuse to accept applications. Such cir- cumstances shall include, but are not limited to, the following; S Cases where the applicant's conduct is abusive and disruptive or in cases where the applicant Is under the influence of alcohol or drugs. The applicant may be required to leave. If he or she refuses to leave, the Police may be summoned. The applicant will be Informed that an application will be taken when the particular cir- cumstances are no longer present. -aa- b. cases where a third person desired to take application far assistance on behalf of the applicant. T person will be requested to provide written verification that they nave been authorized to act as representative for the applicant. ,h.5 Responsibilities of Pesch Applicant and Recipient. Fact; applicant and recipient has a responsibility at the time of application and continuing thereafxer; a. to provide anisate, mplete and current inforwatiom mMcemug Us/mer nears, resources and assets, and the whereabouts and cir- avnstarcxs of responsible relatives. Assistance may be denied or terminated if the applicant/recipient is unwilling to supply the necessary infotsation or perndssion to make collateral contacts; b. to notify the caseworker Anse -a dange in his/her needs, r sources and assets will affect eligibility for general assistance/ c. to apply for and utilize any other available benefits or resources that will reduce or eliminate rhe treed for general assistance; d. to reimturse the Citv for the costs of assistance gnante] in the eVeat- 5 suf icieR abilgy to pay the same. Toe tV MY recover tlM rull atawt expenaeo Tor a sistance eta rontne person levea or flab e�the iecrp- 1PJIt�s Sppp?rt, SL' eX2Ntars or sLratOZs, N a civil action. in ro Wase nesone cit i to recover ough a civdl action, sn -M or assist - or a EM�ly ei el�i t p t^vme;t o�t' x amount, per wcUME a�ibp r itT y-� goameccum eliaiule focenerai assistance a. to use all nmis available to hinyher for necessities first before requesting general assistance or purchasing luwry items. 6 Recognition of Dig tV and Rights. Any initial interview or any later. proceedings, including any inves- tigation of the applicant's eligibility, shall be conducted in a manner that will not violate the privacy, per,.,..=n dignity or irdividwl rights of eiHoer the ca piker or the client and/or his £andly and personal acquaintances. Actions on Application. Unless an application is withdrawn, the case- worker rust Rake a decision concerning the ap- plicant's eligibility and if eligible commerce furnishing relief within twenty-four 124) hours after the date of sutnission of signed and com- pleted application together with all after forma raryired by the public Welfare Direr -car. 3. -x Withdrawal. An application is considered withdrawn if: a. the caseworker is unable to complete the interview, i if the applicant ref vss w c operate with tne caseworker; or b. the applicant dies before general assistance is furnished; or C. the applicant avails himself of another service which makes him ineligible under these Guidelines; or d. the applicant ralusts, in writing, that his application be wint- drawn; or — .23— e. the applicant fails to complete or sign the application or any other form required by the Public Welfare Director. sr. Redetermination of Eligibility. The application form will show the duration of the limited periods of entitlement. Written notion of termination or suspension of benefits with opportunity for hearing will be given should a decision be made to discontinue assistance during this limited period of entitlement. If a hearing is requested within the established time limit, assistance will continue Pending a decision from the hearing authority. At no time will such an estension of benefits outlast the original certifica- tion period. 5.10 Eligibility Rules and Regulations. The following measures are to be employed by the caseworker upon receipt of the written application in determining eligibility to receive assistance from the City of Bangor. A. Ace. Age shall be a factor in determining eligibility for general assistance. No person under the age of eighteen (18) is eligible unless: a. emancipated by marriage; or b. emancipated by the death of both parents and ineligible for foster care; or c. he/she is a member of a household otherwise qualified under these guidelines. B. Residence. Residence Is a factor In determining whether the City of Bangor Is responsible for providing assistance to an individual. The city has a statutory duty to give assistance to residents (see definition) of the city who are in need. Assistance will be given to eligible persons who apply for assistance and who are neither residents of the city nor of airy other municipality. When the City of Bangor assists a recipient to relocate, at the reciplent's request, in another municipality the city will con- tinue to be responsible for the support of said recipient for thirty (30) days afterrelocation. - An applicant who is in a group home, shelter, rehabilitation center, nursing home, hospital or other institution at the time of application and who has either been in that institution for six (8) months or less or has a residencewhich he/she has maintained and to which he/she Intends to return shall remain the responsibility of the municipality where the applicant was a resident immediately prior to entering the institution. If a resident of another municipality falls into distress in the City of Bangor emergency assistance may be given to that Individual an behalf of the responsible municipality provided that the administration in that municipality had given prior approval and has agreed to reimburse the City of Bangor for the assistance provided. _ c 4- C. Liquid Assets. No perscnomingassets easily convertible into rash iroluding, but not limited W bank deposits, stacks, bands, certificates of deposit, or other marketable security, or life insure Ce with a rash surrereler value, will be eligible for assistance. In those cases where the reed for relief is determined to excied the cash value of such liquid assets assistance my to granted for any revainirg difference. D. Tangible Assets. No person asimg tangible assets silver than tools of trade or ordinary household goods whidi are easily ccovertsl into msh including, but not limited to color television, recreation vehicles, motorcycles, boats, vocors, or autarobiles within Use limitations provided in SUWection (a) below shall be eligible for essis[znce. a. No person cwiN so automobile shall be eligible for assist- ance. Nmever, t112 ownership of one autorohile aider Use value of $1,000.00 by an applicant or a dependent will not make the applicant lneldgible for assistance in Uose sit - or Ne autarobile is essential in ones employment or necessary to obtain medical treemse t. b. An applicant or recipient is a11we3 persaal property sot immediately �le W Cash with c ty value not in escess of $500.00. An applicant or recipient wits one or more dependents is allaaad permsnal property not ion diately mrvertible to cash with equity value eat in excess of $1,000.00. E. Citizesdaio. A person must be a citizen of the W ksd States ar a lawfully admitted alien to M eligible for sssistance. Applirante Mo are reither citizens ear lawfully admitted aliens will. oe msferred to the W td States Departmnt of Immigration for appropriate action. P. Other Resources. Any applicant or recipient most make a good faith effort to seosW any potential re curse Mach may be available including but sot limited to soy state or federal assistance program; employment benefits; govem- mental/or private pension programs; available tryst fads; Support from legally liable relatives; child SU]port payments; jointlY held resoorces where the applicant or recipient share may be available to the ialividual, etc. Assistance doll rot be withheld peeriing receipt of such resource se long as application has been mads or good faith effort is beUg some to secure the resource. Any individual applying for or receiving assistance due to a disability must make a good faith effort to make use of any medical and/or rehabilitative resources that nay to remmemdd by a physician ami Mach are aysileble without financial burden x ich would not constitute further physical risk to the indi- v dual. Any applicant who refuses to utilize available resources without Just cause, after receiving a written seven-day notice, shall be disqualified from receiving assistance until they have made a good falth effort to secure the resource. Any applicant who forfeits receipt of or causes reduction in benefits from another public assistance program because of a finding of fraud, committed by the applicant within the 60 days prior to his application far assistance, is not eligible to receive general assistance to replace the forfeited _ assistance for a period of 60 days from the date of application for general assistance, except in the case of initial appli- cations. Not withstanding the disqualification of any individual under this section, assistance shall be granted to other eligible Individuals in the disqualified individual's household. G. Insurance. No person owning any type of insurance shall be eligible for assistance except if permitted by these Guidelines. Any application for assistance will not be denied where insurance is available to the applicant or his dependent on a non-contributory basis or the extent minimum automobile liability coverage is required as a condition of employment or needed to retain employment. H. Real Prooerty. No person owning real property shall be eligible for assistance except as follows: a. The Public Welfare Department may provide assistance upon receipt of the Initial application to persons owning real estate other than their home in cases of emergency. However, continued eligibility for any type of assistance will depend upon the applicant making a reasonable effort to dispose of such real property at a fair market value. b. Where the applicant owns real property in which he/she makes his/her home he/she shall be eligible to receive assistance provided that the cost of mortgage payments, taxes, and insurance do not exceed the amounts available for housing under these Guidelines. c. When the City spends general assistance funds to provide mortgage payments to an eligible person under these guide- lines, alien may be placed upon that property for the amount of mortgage assistance given. Such a lien will not be claimed until the death of the recipient or the transfer of said property. Airy recipient receiving assistance with a mortgage payment will receive written notification of these conditions. 1. Employment. Unless exempted herein, every person receiving assistance under this Ordinance shall actively seek and accept gainful employment. For purposes of this Ordinance "gainful employment" shall mean any available employment within the recipient's skills and abilities resulting in the maximum possible income for the recipient. Such efforts shall include, but not be limited to, registration with the Maine Employment Security Commission, diligent solicitation of available job openings and making oneself available for work at all times during the night or day. The requirements of this Ordinance shall also apply to every member of the recipient's household, unless specifically exempted. The only persons who shall be exempted from this requirement shall be: a. dependent minor children; b. persons over the age of 65; C. persons who by reason of illness or disability are unable to perform any type of work; d, persons whose presence is required In the home in order to provide care for a dependent child under the age of 6 years or for any 111 or disabled member of the household; and a. 18 years of age and older who are regularly participating in a vocational training or primary or secondary educational Program which would assist the individual in securing employment. Any person claiming to be exempt from seeking w accepting amployment because of Illness or disability eas y be required by the Welfare Department to be examined by s qualified physfclan at the Department's expense. Reimbursement for these services shall be at current Medicaid rates. Applicants and recipients are Ineligible for assistance for 60 days if they: 1) quit work after an initial a lication; 2) refuse to search for emp oymenr 3) refuse to register for work; 4) refuse to accept a suitable job offer under this section,- 5) ection;5) willfully fail to perform or perform below average standards the job assignment for the municipality, under this section or 6) refuse to participate in a training or educational Program which would assist them.in securing employ- ment; and 7) they do not have just cause for their action. This person may become eligible owing this period of time if he/she becomes employed or otherwise satisfies the require- ment of this section for which he/she was,disaualified. In no case may the requirement to search for work or participate in a work or training program interfere with: .1) existing gainful esploynent or participation in a vocational train n or primary or secondary educational program u i.ch would assist the individual in securing erplcyment; or 2) the individual's ability to £ollo -V on a bona fide job offer. 3) attendance at an interview for possible employment. 4)ici tron in a ors educational am intended w lead to a high school dipro a; Or 5) DarticinatLon in a tr which is eitner apprcved OT determined, or bath. W the of nator [g be reaS- onably expected to assist Ne individual in securirw employment. This paragrapn oces not ]nLludewh1 tiro In a ant irg prcgTTm, except en that pIOirampia under the Job Tradmdng Parinerehip Act or the WelfaZo f11 rOment hdocatlon and Trampling Proorm J. work Requirement. all persons otherwise eligible for general as- sistance made Nis ordinance nay be required to perform nark for the City of Bgor or W participate in a tr�tg or educational program which would assist hrmlrer in securing e ployr as a condition of receiving such assistance. Noy such work req^' stall he subject to the provisis of 22 M 4316(4) as modified by the following: 1. 1 work requirements of this Ordinance stall be under the direction of the Walfare Director, who shall be authorized to issue such ado nistrative directives as nay be necessary from time to tine to insure Ne proper inplarantation of Ne work requirement program. 2. An otheawise eligible person wto refuses a suitable job offer from the City of Bogor under Nis Ordinance without- just cause shall be ineligible for general assistance for a period of sixty (60) days. Refusal N accept a suitable job offer shall inclm e; (a) failure to report for work; (b) leaving work wittnut permission from the worker's supervisor before the work peticd has ended; and (c) failure to perform work as directed. 3. In no case shall eligible persons performing wozk under Nis Ord- inance replace regular mmdcipal employees. 4. NO person shall, as a condition of general assistance eligibility, be requirnd to do any amount of work that exceeds the value of the net general assistance that person would othe wise receive under m cipel general assistance standards. Any person perEormimg work under this Ordinance shall t=_ provided wiN net general as- sistance Ne value of which is earned at a rate of at least the State's mirdman wage. Expenses relatef to Ne work performed scull be Considered in determining the amount of net general as- sistance being provided. 5. work perfer N(ormed undis finance shall not interfere w tt Ne elrgnble censor's (al exrstrnv emlovmeni; (bl ability to f llw up m a oma fide ion offer(c) attendance at mob intern' (d) P rt t' coop r ewtationai proqOOo intend - to E2 lead to a hr h school diploma; (a) tra Wu CTMW, which 1, ,,MuE dwLu,ed or a ternd ed b my or I to be somabl ed to assist Ne rndrvidoal in1 t Tl h dce t e —ps incl�e particicetion in a degree crantino Program, except Men U prPlram 19 tMe Sob Trainloo Partnarship Act or the Welfare t]roloy t Fduratim sod rxairung Px'ogram. 6. M eligible person with ar. im iiate need Stull not be required to perform work under this Ordinance prior to receiving general assistazoce. 1. Failure of an otivrwise eligible person to accept a suitable job offer under ttv.s subsection shall not affect the general assistance eligibility of any murber of the person's household who is capable Of working, to wit: (al a deFerclent minor child; (b) an elderly, in or disabled person; and (c) a pexaon Mose presence is re- quired in the Dane in order to provide care for a depeMent child under tM age of 6 years or for aty ill or disabled manbe of the 8. fine al asaistaxz recipients remurai M perforin work for the City of Bangor order this Otl once will miplete and execute such foxms as nay he raluirai by the Welfare Mracror for par - poses of administeru the work �t ptogran. all £osme will be read to the recipient m iwvxe crnplete uoNerstanding of the ccM t1Wl8 undaC Mich the general asslstaroDa is to be granted. 'lbe work order form will detail the amount of time the recipient is expected to work, the depaxtrent to tach be or she is assigned, and the date, time and work location to Mich M or ale is to report. Ex =rises related to work rerfonred under this section by an an- gible person shall to considered in deteminirm the annum of net general assistance to be p ldad tO the person. K. Utility Deposits -Rental Eeposits-Back sins. No funds scull be De- pended by the Wefare p P xtoent for any Ecxm of deposit. Assistance is Dort available to pay a bill for a basic necessity Men that bill is none than 2 months old and the persto r st' sist- ance had sufficient SRC®R, nW18y, assets or other [eSWZCes dYallabl9 to pan for the hasic necessity Men the bill was received rhe Person rncuestim the assistance shall be reouired to provide evidence or incare for the awlicable t' period. At the discretion of the dsp x t the current bill nay be guaranteed DO prevent an eviction or a utility short -off. I. Hotel Rooms. No welfare furls shall be expended for for hotel rooms tuete the costs exceed our rental allowance. However, an exception would be Mere no shelter facilities are available. M. Verification Rmudrei. It is the responsibility of the irc vidual requesting assistance to provide enough in- fornution to Verify that they are eligible. mis verification nay include but rot be limited to age staterents, receipts for house- hold expenditures, etc. _ -a4- The caseworker may seek the facts necessary w establish eli- gibility fron sources oNer than the applicant ifs the applicant has been unable to provide necessary verificative. Such con- tacts will be made only after the applicant has been given written notice that if he/she does not provide the docusentery verification within one (1) week of the application such contacts will to made. N visits my he nada in ocdexw verify inforaat a by thea c ivme of mwlrcauve. cn,enw will be notified at the tiao of uatvon that sudv a inset is vole. vvsvts w'11 he conducted dui remilar wrlum burs (M-F; 8 a.m.-4:30 .m.). An nrive refuses t0 low a lase visit ver be - ed assistanceceunder thea sectvon until such a visit is a wed. 4Aen available information is inoanelusive or m:flictu regarding a fact which is material and necessary w detcrminne eligibility, Ne applicamm w 11 t advised AS to what questions rmafn. To he coraidered inwrcluaive or conflicting, the information on the ap- plication must be inconsistent with statements code by the applicant, inconsistent with other information on the application or previous . applications, or inconsistent w th iKonrmtim received by the <aae- worirer frau other sources. Assistance may be denied or noonrated if the applicant is unmalling to wnpply the cassencker with necessary verification or permission to nuke collateral contacts or if the caseworker cannot determine that eligibility gists after contact with the applicant or the applicant's collateral contacts. N. Applicant's Nn Prods. Personal financial resources shall he used to meet current �ses before requesting assistance. 5.11 Indigene Faxm:la-Eligibility Fegnirments. The laws of the State of Maine require all aaa�icipalitias w assist Noae persons, otherwise eligible, in cases where they are in distress and in need a immediate assistance. In order to treat all applicants fairly and equally and to discourage frivolous use of income, assets, and other available resources, the foll Bing ioimmla will be used by the caseworker fn considering. the applicant's eligibility. rA = Basic Total Requirements or Basic Maintonance ctsts as determined under Nis Ordinance for food, clashing, personal care, and other family cons'mptives, but excluding h i g costs. B - Actual cost of housing, w to the maxims am nt allowed for the same Under Nis Ordinance. C = Income D = Need deficit l digency Formula: (A h B) - C = D the available assistance crnput i under tna indigency fomo la will be applied to those areas in which the household is in most -need. Such devrndnations will be made by means of a client ase,.orkec conference during whits all available alternatives and resources will be explored. All standard of meWo de VSmitoat'003 for general assiataloa M111 ba mmputed for a period to be detarndrmal by the rasewrkei. Such certification periods may not exceed thirty (30) days. For (wrpoSaS of Nis forvula, inane will include all earned inure plus incase from other sources less all daluccies far liquid assets and liq- uidated tangible assets. A twenty (20) percent dsluction will be Dade from net earned income in order to compensate the applicant for Work related exposes ltranspozration, day care, etc.) ID de- �+ reed the EEioa of time used as a basis for the cal-Shall be a 30-da rind crnrz nc on tM dare of the 4 t Mio rim ode ted has incase to purchase nevewvtve , provrded Chat his dce exceed the vnmie standards establashed by imviicipality. A. Earned Inane. Intra in cash or in kind ea'iarl by the ap- plicant or recipient or rtarbers of his Inuselold threogh wages, salary, comdseiom, or profit, whetter self- loyed or as m employee. Pantal mane and profits frau products sold are this category. with respect to self-employment, total profit is arrived at by subtracting businass expenses frau gr06e income. Ween income taxes, social security, ant other payroll deductions as required by state, federal, or local law, are deducted. Wages that are trusted, or Inman similarly unavailable to the ap- plicant or his dependents will not be ocsiderel. B. Enoxne Item spouse - Support Prem Belativ s. If husband and wife are both employed, ingare actually available to the applicant or re- cipient and dependents are to be includes. mnuitwcions from relatives will be Considered as income only if actually received by the applicant or recipient. C. Inaare Prom Oder Assistance Social Ins P State categorical benefits' SSI payments, Social security benefits, V benefits, Unemploymant Insurance BenefitS and payments from other groveimental or private sources will be considered as income unless specifically prohibited by any law or reg- ulation. Any applicant who forfeits receipt of or cases reduction in benefits from another Public assistance ppogram because of fraud, misrepresenution or a knowing intentional violation of program rules Coav%ittel by the applicant within sixty (60) days prior to his/her application for assistance, is not eligible to receive general assistance to replace the forfeited assistance for as p riod of sixty (60) days from the date of application for general assistance e t as prpvided for initial applications. - 31- D- Coact ordered Suwort Payments. Alimony and child support payments will be considered irsrre only if it is actually received by the applicant or recipient. - E. Incrm E m Other souross. Iumme fres any shorts will to corwi ed if it is intended for use by any member of the household, relate] or unrelated, and is actually available to the applicant. F. Farnims of a Child. 'lhe earnings of any child under the age of eighteen (18) years who is a full time student and w is not working full time will rot to considered as incrust under these guidelines. G. Retroactive Benefits. Any funds received as a lrga som for retroactive benefits, back payment, insurance settlements, retroactive stall upon receipt, to ccnsid w part of household intoe for the purpose of continuing eligibility. robe amount received, if in excess of $150, shall ba divided into three (3) equal p is m be include] in t household Ends as if each third was re siva] on the first day of three consecutive mmnths following such receipt. d. aclu able Incurs. For purposes of this definition, re- location payment under governmentalhousin4 Programs, the hones value of fond st ops, earnings of children under age 14, read the monetary value of products fran here gardeniw shall not to included. 1. potential Intone. Potential income is defined as income that eeeld be received by the applicant if action ware taken to obtain it, e.g.; Social Security, Work- men's Caryxnaation, unenploy nt Compensation, A , SSI, etc. T. lkeatnent of All O Incrne. she full value of all inmre, nor define] as earned income, whether in kind or in cash, which is actually available for use in the household will be considered in determining need under the indigenry formula. K. Agreement for Bousim. I£ an individual or family has pro- vided living aco ation to a person or family, standard general assistance ray not dup- licate this service. L. l.ivim in the Bouranrld of Another. When an application is received fr n an indi- vidual or family that is living in the household of another, emergency assistance ray be granted With items other than hnusi(g Costs. to order for assistance to be granted with housing -related expenses it is necessary for certification to be made of the entire household. —3cP'— D. Court Ordered Supcort Payments. Alimony and child support payments will be considered incare only if it is actually received by the applicant or .recipient. E. Incase From Other Sources. Inmie frau any source will be considered if it is intended for use by any maeber of the household, related or unrelated, and is actually available to the applicant. F. Farniems of a Child. 'fie earnings of any child under the age of eighteen (18) years To is a full time student and who is Out working full tine will not be considered as rocas under these guidelines. G. Retroactive Benefits. Any funds received as a lush am for retroactive benefits, back payments, insurance settlements. stn. shall neon receipt, be considered as part of household inccoe for the purpose of continuing eligibility. IhO amount received, if in excess of $150, shall be divided into three (3) equal parts to be included in the household icornn as if each third was received On the first day of three consentive moths following such receipt. H. Excludable Inane. For przlwses of this definition, re- location 1* yments under gwemme stat hCUIUN progrars, the bOMS value of food Stange, earnings of children under age 16, and the monetary value of products frau have gardening shall not be included. I. Potential Incase. Potential inches is defined as inane that could be received by the applicant if action were taken to btain it, e.g.; Social Security, work- men's Ccn enation, One,ploymmt Crngxnsation, AFDC, SSI, etc. J. Treatrant of All Other Incom. The full value of all intone, not defined as served inane, Tether in kind or in cash, which is actually available for use in the household will be considered in Bete[mining need Order the indigency foxmia. K. Aoreenant for Housing. If an individual or fanuly has pro- ' - vided living accomiodation to a person or family, standard general assistance may not dup- licate this service. L. Living in the Household of Another. When an application is received fron an indi- vidual or family that is living in the household of another, erergenry assistance any be granted with items other than housing costs. In order for assistance to be granted with housing -related expenses it is necessary for certification to be made of the entire household. -3d- N. Other unrelated When any other individual is living in the applicant's hone, certification must be made of the entire household and the income and assets of all members of the household which are actually available to the applicant counted in determining eligibility. When it can be determined by the Caseworker that Unrelated individuals residing n the same household a sharing expenses egually and have no responsibility for each other's welfare, the applicant will be treated as a free standing household. N. EligibilitZ. An applicant's eligibility will be basal On hisAar total income ani on the basic total relairemants of his/her hanseholl as established in these guidelines. There will be no automatic eligibility. All applicants must complete the application process. To be eligible for aid under the Department's Standard of Need Proaisions, the household =at have an imams at or belay 808 of the 1961 Community Service Association (C.S.A.) Guidelines. 15.12 BASIC -TOTAL REQUIREMENTS OR BASIC IWINTEIMME COSTS. A budgeted amount is establisbec! far food, clothing, personal care, and other family consumptives. To this amount is added a housing allonance which includes rent, fuel and all utilities. Basic total requirements represent 70% of the current National Poverty Guidelines and are adjusted annually by the Director of Health and Welfare to reflect changes in those guidelines. BASIC TOTAL REQUIREMENTS (1) (2) (3) (4) (5) 10 (7)(8) _ PERSONAL 107 160 214 257 320 375 428 461 C hOeHINS, Ox. HOUSING--- 237 -262 318 —375 431 '486- 543- 599 ]OB OF NEED 314 422 532 642 751 861 971 11080 'Amended July 28, 1986 - C.O. 86-297 -33- 5.13 AMOUNT OF ASSISTANCE. The basis of eligibility for assistance from the Prager Welfare Department is that the applicant/applicants have a near under the standard of Need Deficit. Such determination shall be made by use of an iniigency formula. Eligibility under all other emergency provisions shall be determined by these regulations and the case record shall specify the section under which assistance is provided. Norwithstaniing the above sections it is not intended that the Bangs Welfare program be other than to satisfy the specific emergency need of a recipient for a specified penal of time. Assistance Granted will be on the basis that there is no available resource. verification of income and expenditure will be required to establish that there is maailable resource and thea ma caseworker y barbarizeassistance up to the limits established under the indlgency formula to meet thefMivldaal or Donee- hold o-isahold needs where it is determined the applicant or applicants are destitute. POGO, vouchers may be issued to purchase necessary food. Such vouchers may be x issued in any amount not exceeding the weekly food allowance stated in these Guidelines. Such vouchers are intended for the purchase of foods high in nutritional value and my not include deli items and soda (unless specifically listed on the oucLer), candy, potato chips, and similar snack items, beer, wine and novelty items. H0 RHOID/PMSONAL. vouchers may be issued to pscMse housebold and personal items, including, but not limited to brooms, soap, detergent, toilet paper, tooth paste, disposable diapers, etc. Personal care item shall not include cosmetics. CWTHIDG. The caseworker may assist the applicant or teciPi6nt and his/her family n the purchase of adequate clothing. In most circumstances, clothing will be a postponable item. Exceptions to this maxim my a v rn the event that school a needed in the fall: where fire other crisis has destroyed the applicant or recipients' clothing: whey unusually cold weather makes extra clothing an immediate necessity; or if special clothes a needed for the appli- cant's employment. Before assistance will be made for clothing, the corker most be satisfied that the applicant has taken maximum advantage of all church and civic organizations or other resources in the community that make low cost or free clothing available. HOUSING. It is the individual client's responsibility to find adequate housing, except in cases of emergency, when the caseworker may help arrange temporary shelter. The welfare Department will not became involved in the landlord/tenant or mortgage relationship. The recipient should be advised to obtain housing that will be within his/her ability to pay before further housing assistance will be rendered. -34- When the caseworker determines that it will be necessary to give funds to meet any o all of a client's housing payment, Ne amount will be actual rant/mort- gage paid by the client, if the amount to be paid 3H reasonable and in accordance with limitations set In these guidelines. When Necessary ss istance may also be given with utilities and beating fuel. Heating fuel willwt be considered aesary expenditure from May 15th to October let, except in cases of unusually severe weather or when the client's e hot water is heated off the furnace. The total secant paid far rent/mortgage, fuel mH utilities will not exceed the maximum household limits set forth in Section 5.12. MiscALL4NECuS. In addition, medical, dental and eye services and burial expenses may be provided if absolutely necessary. Medical, dental and We services will He provided o emergency basis. Except in unique situations apprwed by the Welfare Director, the caseworker will not approve dental expensss Other than tooth extractions. MAXIMM LENELS OF ASSISTANCE. Maximum levels of assistance for food, housing, houa elold/personal items, etc. are Weed upon 708 of the Current National Poverty Guidelines and will be adjusted annually by the Director of Health and Welfare to comply with changes in those guidelines. MAXIMUM L4JELS OF ASSISTANCE_ HOUSEHOLD FCODI SEE/ HOUSING/ HOUSING/ STEP WEEK 90 -WH WEEN( MONTH 1 22 12 48 207 2 33 12 61 252 3 44 16 73 318 4 55 16 85 375 5 66 16 99 431 6 77 20 112 486 7 80 20 125 543 H 99 20 138 593 -35� 1 2 3 4 5 6 7 8 MAXIAHAi 1.EJF25 � A59i5II+[J� tVOU/ HIR/ u0082PL/ HOl15Il�/ 22 12 46 200 33 12 58 251 44 16 70 302 55 16 82 354 66 16 94 406 77 20 105 456 88 20 117 508 99 20 129 560 -3H- 5.14 Assistance Cateaorlee. There are two (2) categories of assistance which are administered by the Bangor Welfare Department under the General Assistance Program: Standard of Need Deficit (Section 5.14A and Emergency Assistance (Section 5.14B -M. ) A. Standard of Need Deficit. This is the only category in which income is a factor. In order to receive assistance under this section the applicant must be maintaining theft own household, have a need deficit under the indigency formula, and satisfy all other eligibility rules and regulations set forth in these Guidelines. Applications for assistance under this section must be processed within 24 hours of the date of application. De- cisions shall be communicated in writing setting forth the reason(s)fix the decision. If the applicant is found eligible, assistance shall Qe furnished within 24 hours of the date of sub- mission of the application. B. Emergency Shelter. The Bangor Welfare Department is authorized to provide temporary shelter for persons who, by reason of special emergency, are stranded, homeless or victims of family violence. The length of time authorized in the shelter shall not exceed thirty (30) days. An extension may be granted if circumstances warrant. Such cir- cumstances may include, but shall not be limited to, delay in application for categorical assistance, loss or delay of monthly benefit check, etc. Individuals will be eligible for admission to shelter once In any twelve (12) months. Exception to this rule may be made where verifiable circumstances warrant. In determining eligibility for this service priority will be given Bangor residents. Individuals and families who by definition (See 22 MRSA, Section 430]) are residents of an- other municipality may be admitted to the Shelter. However, such admissions may only be granted in those situations where the authorized representatives of the other municipality agree to pay for the actual costs of welfare to be provided by the Welfare Department, plus a daily fee based upon a rate established by the Welfare Department for occupancy in the shelter. -3 7- C. Transients. Individuals who fall into distress within the City of Bangor while traveling may be granted temporary assistance with food and shelter, either through the Welfare _ Department or by referral to a private agency. D. Transportation. Assistance may be granted to a transient or stranded individual who either wishes to return his/her point oforigin or who wishes to relocate in another area. E. Catistrophes. Individuals placed in need of immediate assistance through unforseeabie circumstances such as, fires, floods, and hurricanes, may receive emergency assistance to meet their immediate needs. Such assistance will only be in the farm of food and shelter. F. Emeredncy Hospitalization. At times It may become necessary for the Bangor Welfare Department to assume responsibility for hospital costs for eligible persons. In order for such assistance to be granted it will be necessary; 1. For an application to be completed by the applicant or his/her duly authorized representative; 2. For the hospital to notify the Director by telephone, con- firmed by certified mail, within three (3) business days of the applicant's admission; 3. For the hospital to verify in writing that all Hill -Button and/or other endowment funds designated for the care of the poor have been exhausted. All services rendered must be Itemized and will be reimbursed at current Medicaid rates. G. Excessive Income. For various reasons, It might be necessary to assist a person or family even though their monthly income is in excess of total requirements. Reasons for this might include loss of a check, delay in mall of receiving a check or the person may have spent all their in- come, placing themselves or their family in immediate need. In these situations, either basic necessities, or food and shelter may be provided. However, before Emergency Assistance Is given to persons having excessive income, they must agree to reimburse the city for assistance rendered. H. Minor Children. At times It might be necessary for the Welfare Department to assist minor children whose needs are not being met due to parental neglect or misuse of household income. Reasons for this might Include, but shall not be limited to: 1. Disqualification of the head of the household for quiting employment, failing to register for employment or refusing to participate in the workfare program; -38 2. Failure of a responsible relative to provide necessary support. 1. Excessive Assets. An individual or family may be assisted even though they have excessive assets if immediate need can be established. Continuing assistance will be contingent upon the applicant making a good faith effort to convert the assets into available funds to off -set any assistance that might be necessary. J. Burial. The Welfare Department shall provide for proper burial of indigent persons providing that the total burial costs do not exceed $650 and it is determined that the burial costs cannot be paid in total, or in part, from any other source Including responsible relatives or from the estate of the deceased. The Welfare Department will apply all monies available from othersources toward the total burial casts. The allowance for burials under these guidleines shall include the undertaker's services, clergy, personal attendants. casket, vault box, liner, hearse and obituary. The expense of opening and closing the grave will be considered an additional cost to be paid directly to the cemetery. The additional cost of a graveside service will not be considered a covered expense under these guidelines. The Welfare Department shall not pay for burials in lots outside of the City or for single size lots. How- ever, arty person qualifying fpr assistance under this section may be burled in a lot provided by the City for such purposes. The Welfare Department shall not be obliged to pay for any burial expenses provided if the Director has not approved such expenses prior to their delivery. K. Emercencv Assistance to a Disabled Adult. Emergency assistance may be provided to those single adults who are in need due to physical and/or psychological disability. A person shall be considered disabled if he/she Is unable to engage in any substantial, gainful. activity, due to a medically verifiable physical and/or Psychological impairment. Any person who has refused medical and/or rehabilitative resources recommended by a physican which are available without financial burden and which would nor constitute fur- ther physical risk to the Individual will not be considered eligible under this section. L. Wer -Supplementation of Taal Requirements. For various reasons, it might be necessary to assist an individual or family in excess of the need of deficit commuted under the indlgency formula. Such assistance will be granted only for food, fuel, and household items. When a client is over -supplemented, he/she will be given a termination notice. M. Other Necessary Expenses. under this section assistance that is absolutely necessary and cannot be obtained from any other source may be provided. Assistance granted under this section shall not exceed amounts listed in the basic total requirement charts. -39- Assistance may be provided to parts of a household under this section. Under no circumstances will assistance be granted to parts of a household residing with a responsible relative who has sufficient ability to support. 5.15 Review procedure. 5.15.1 Right to Review. Airy applicant/recipient aggrieved by decision, act, failure to act or delay In action concerning his/her application for general assistance under these Guidelines shall have the right to appeal. If a liaison's application has been approved there shall be no revocation of general assistance during the period of entitlement until that applicant/recipient has been provided notice and an opportunity for hearing. +5.15.2 Initiation of Anneal. To initiate the right to an appeal, the aggrieved person shall file a written request for the same with the Welfare Director within five (5) working days from the earliest occurrence of one of the following events; 1. Expiration of 24 hours from the time said person applies for general assistance. 2. Receipt of a notice of decision adverse to the applicant. The written request for an appeal must include the following information: 1. The decision, act, failure to act or delay in action for which an appeal is sought; 2. The reasons for the aggrieved person's dissatisfaction and the circumstances he/she believes entitle him/her to a different result; and 3. The relief sought by the aggrieved person. 5.15.3 Interim Review by Welfare Director. Upon receipt of a written request for an appeal, the Welfare Director shall schedule a conference with the aggrieved person and the caseworker involved, at which conference both persons shall have full opportunity to present their positions on the case. The Director's re- view shall be conducted informally in a manner respectful of the rights and dignity of all Involved. Witnesses may be called and evidence may be presented at the conference. Subsequent to the conference, the Director shall inform the caseworker and the aggrieved person of his/her decision in writing. The Director's decision shall be limited to a determination as to (1) whether the caseworker's decision has been made in accordance with these guidelines and pertinent state statutes and (2) whether the aggrieved person may receive emergency assistance as provided in these guidelines. At no time shall the Director conduct a review of any case In which he/she was directly responsible for the disputed action. *Amended October 12, 1983 - Effective October 22, 1983 - C.O. 83-330 _ The Welfare Director shall endeavor to conduct his/her review as expeditiously as possible to facilitate the fair hearing before the fair hearing officers. The Director may nm decry or dismiss a request for a fall hearing unless It has been encpreasly withdrawn by the aggrieved person or unless the relief sought was gramed to said person by the Director subsequent to the filing of a written request for an appeal. 5.15.4 Time for Fair Hearing. Pursuant to the requirements of 22 M.R.S.A. 0 4322, the requested hearing shall be held by the fair hearing officers) within seven (7) working days following the receipt of the written request for an appeal. The scheduling of the hearing shall take lmo consideration the convenience and needs of all concerned. The Director shall inform the aggrieved person of the review procedure and the date, time, and place of the fair hearing. 5.15.5 Fair Hearing Officers. All appeals under these guidelines shall be heard by fair hearing officers, who shall consist of a five (5) member committee of the Hanger City Council established for such purposes. A majority of the members of said committee shall constitute a quorum for the transaction of business, but a smaller number may adjourn a meeting from one time to another. 5.15.6 Conduct of Hearing. All reviews by the Council Committee willbe conducted in accordance with the following: 1. The Proceeding will be conducted privately and open only to: a. the aggrieved person, witnesses and legal counsel. b. the Public Welfare Director and his/her case- workers, the City Manager, witnesses, member of the City Council, other than Committee members, and legal counsel. 2. The proceeding will be conducted informally, without - technical rules of evidence, but subject to the re- quirements of due process. 3. The review will be opened with a presentation of issues by the Committee Chairman. 4. After the presentation of issues the aggrieved person shall present his/her position with the aid of legal counsel, and/or witnesses. S. The Public Welfare Director and/or his/her caseworkers,.` shall then present the position of the Welfare Depart- ment with the aid of legal counsel or witnesses. 6. All participants shall be given an opportunity to: a. present oral or written testimony or documentary evidence; b. offer rebuttal; -41- C. question witnesses on matters germane to the issue at hand; d. examine all evidence presented at the hearing. 7. The Committee's decision shall be determined solely upon the evidence presented by all parties at the proceeding. Said decision shall be in accordance with these guidelines and the State statutes relating to granting of general: assistance. 5.15.7 Decision. Upon completion of the fair hearing, the Committee shall within five (5) days, prepare a written notice of its decision which will contain the following information: 1. A statement of the issue(s); 2. Relevant evidence presented by any participant at the proceeding; 3. Pertinent provisions of the general law and these guidelines relating to the Committee's decision; 4. The Committee's decision and the reasons for it. Copies of the notice of decision will be provided forth- with to the aggrieved person. The hearing record and the case record shall be maintained by the Public Welfare Director. 5.15.8 further Anneal. further appeals may be taken from any action or failure to act of the Committee or the Welfare Director, by any party, to the Superior Court in accordance with Rule 808 of the Maine Rules of Civil Procedure. The aggrieved person shall be notified of his/ her right to such an appeal. Cos s fo nmTjpta-wjjjqh� required ue an a of T}z Paid fory the a Ilcann. Sac. 1 Airport Department. 'Psis Department shall consist of the Airport Operation s Maintenance Division and the Aviation Services Division, and shall be under the general super- vision and control of the Airport Manager. Sec. 2 Airport Mana]erlhere shall be an Airport Manager appointed by the City Mawgan, subject to confirmation by the City Council. 2.1 gains sed Tabulations, the Airport Manager shall have the authority to pecmplgats from time to time rules arcl regulati,me cot inconsistent with this ordinance aml which are reasonably required for the prudent, safe and) efficient operation of botA the public shall nor -public areas of Banger International Airport. Sec. 3 Airport Operation a Maintenance Division. The Airport Operation 6 Maintenance Dlvisidl shall operate and maintain all buildings and facilities lecadMi at Bangor International Airport. Sec. 4 Aviation Services Division. Tins Division shall provide all services approved by the Airport Manager for aeronautical users of Real International Airport. Sac. 5 Airport Final Takre is herWy, Created a separate Airport Mond for the purpose of recording revenues, expenditures, depreciation rad capital accounts (in accordance with the National Airport Act of 1958, as assembled.) * Sec. 6 Ai port Rules and Regulations 6.1 Definitions. wbabover used in these Rules and Regulations, the following terms. shall have the meanings respectively hereinafter indicated: ArRODROMC - Shall mean landing area, a amp and apron areas, aircraft parking and storagc o tailgate and terminal buildings and curb other arras as may be designated by the Manager. Al DCRadirl - SIm11 m and i:clude any and all contrivances on tn: or hereafter used for inavigation of or flight in air or space, including, but not limited to airplanes, airships, dirigibles, helicopters and gliders. AIRCRAFT PARKING AND STORAGII ARIA _ Shall mean and include those portions o[ the Airport designated .and and, a ailabl, temporarily or permanently by the Manager to the public for the parking or storage of Aircraft. -43- A1xrVF'1 -deanm the egur Lnterewttonal Airport, specifically�najl tee lands and developments owned, controlled, operated and maintained by the City of Bangor, consisting of runways, taxiways, hangars, control towers, reaps, aprons, buildings, structures, roads, streets, parking and storage - areas, improvements, utilities, facilities or other real property, nescacaary orent, or desirable, for the landing, take -off, accommodation, and servicing of aircraft of all types and for any commercial, ial, individual o other activity transpiring within the perimeter of the Airport. AIRPORT COMMITI'LE - The Airport Committee of the Bangor City Council. AIRPORT HIGHWAY - Shall mean and include those vehicular ways on the Airport designated and made available temporarily or permanently by the City of Bangor asways to which the public has the right of acre=s, within the meaning of the laws of the State of thine applicable to regulations of motor vehicles. APRON ARG - See '%amp and Apron Area". CHILDREN - Shall mean persons under the age of eighteen. CITY MANAGER - City Manager of the City of Bangor - Ch.. II, Art. I of the Laws and Ordirunces of the City of Bangor. EMERGENCY CREW HEADQUARTERS - Sball mean and include the facility or facilities which Louse the fire fighting and organization maintained at Bangor International Air- ports 'FIRE CONTROL RAN - Shall mean and include the chief of the fire -fighting and r organization maintained by Bangor International Airport at Emergency Crew Headquarters or his authorized representative. PAPE SERVICING VEHICLE - SLall mean and include any vehicle designated and operated for the purpose of fuel transfer Handling i connection with tfu he fueling or. deeling of aircraft. n PHIL TRANSFER HANDLING - Shall mean and include the process of transferring petroleum fuels on the Airport between a bulk storage facility and fuel servicing vehicle or between a fuel servicing vehicle and in air, raft. ITINERANT AIRCRAFT - Shall mean and include any aircraft using fie Airport, the operator of which has not entered into a lease agreement with the City of Bangor. SET AIRCRAFT - Shall mea and include any and all aircraft which are not propeller driven, and which accomplish motion entirely by a direct r action of the thrust of any engine, ncluding, Let not limited m, engine., which operate on turbine, ram, rocket, or no( lair princip Ice. -44- LANDING AREA _ Shall mean and include any locality, either of land or water, including airports and intermediate fields which is used or intended to be used, for the landing and take -off of aircraft, whether or not facilities are provided Bar the shelter, servicing Or repair of aircraft raft or for re- ceiving or discharging passengers or cargo. (Anno.:6MRSA 85). MANAGER - Shall mean the Airport Manager appointed by the City Manager of Bangor, and charged with the duty to supervise the entire operation of the Airport Department and to perform such other duties as may be prescribed by the City Manager or any applicable Federal, State or local laws or ordinances. (Anno.: Ch. II, Art. 35) MMR VEHICLE- Shall mean and include any self-propelled vehicle not operated exclusively on tracks, including motor- cycles and snowmobiles. NDN -SCHEDULED CARRIER - Shall mean any airline without a written agreement with the City of Bangor governing its Operations at Bangor International Airport. OBSISIVATION DECK - Shall mean that area of the roof or other Part of any building designat O by the Manager for the use of the public for observation. OPERATOR - Shall mean and include .the cutter or other person, firm or corporation controlling the operations of one or eaircraft o eor vehicles; any person who has rented suchaircraft or vehicle for the purpose of operation by his own agents. PERMISSION - Shall mean permission granted by the Manager Or his authorized representative. PERSON - Shall mean and include any individual, firm - partnership, cooperation, association, or company (including any assignee, receiver, trustee or similar representative thereof) of the United States of America, or any foreign government or any state, political division thereof, or the United Nations, and shall further include aircraft operators, crew members, passengeis,spectators, sightseers, pleasure and commercial vehicles, officers and employees of airlines, lessees and other persons occupying- space at the Airport, persons doing business with the City of Bangor or the Manager, its lessees, sub -lessees and permittees and all other persons whatsoever. POLICE - Shall maand include the members of the Bangor Police Department a signed to duty at Bangor International Airport, or other such Members of the Bangor Police Department, or other law enforcement agencies authorized by the Police Chief, as may be assigned temporarily to duty at Bangor International Airport. RAMP AND APRON AREA - Shall mean and include those portions of the Airport designated and made available temporarily or r permanently by the City of Bangor for loading o unloading of both passengers and cargo to or from aircraft. -45- STORAGE AREA - See "Aircraft Parking". TURBD-PROP AIRCRAFT - Shall mean and include any and all aircraft which accomplish motion by means of a jet engine having a turbine driven propeller whose thrust may or may not be supplemented by that of hot exhaust gases issuing in a Set from the engine itself. VEHICLE - Shall include all kinds of conveyances or ways for persons and for Property, including (rotor vehicles and those propelled or drawn by human power, such as bicycles, except those need exclusively an tracks. VEHICULAR PARKING AND STORAGE AREA _ Shall mean and include those portions of the Airport designated and made available temporarily or permanently by the City of Bangor as vehicular Parkinof access n sswithinand etareas which tpublic ahas the right he meaning OfthelawsOftheState of Maine applicable to regulations of motor vehicles. 0.2 fen 'al (mist ud RrpuL ti W,a. A. rCOMPLIANCUwilll RIILLS ANU I6;GUI A'I'lONS The Manager may issue, from time to time, directly,, as a necessary to implement the purposes of these rules and regulations ls ch force and effect asthe rtrulesrande shall supplement and have contained. The Mans regulations herein Manager shall determine which areas of the Airport Shall be public and which shall be restricted andshall de revise The re6trManager sd areas, from time ie time, is he shall determine. The Manager shall have three copies of this ordinance and directives in his office for inspection of any Person and three copies sbnll Le Eifel] withhthe City Clerk for the convenience Of She Public, II. RLS]'NICTED ARIAS All areas of the Airport except those areasas may be opened to the public arerestricted and no person shall enter Customs,.Im- igration, OrPublic Health area other areas under the jurisdition of the united States Government ,any private offices, hangars, maintenance areas, landing areas, ramp and apron a any other a restricted are n the Airport posted as being closed to the p public exot: 1. Persons assigned to duty or having official business therein. 2. Authorized representatives of the City of Bangor or theManagerand his representatives. 3. Authorized representatives of the United States Government. a. Persons (laving prior permission of the Manager. 5. Passengers, under appropriate supervision, entering upon the amp and apron areas for purposes of embarkation and debarkation. C. SOLICITING„ ADVERTISING, SALES, DISPLAY So per on unless duly autlmri'ncd 'uy the Nougat or by contract signed by the City Manager, drill 11 ol upon any area of the Airport: I. Sell, or offer for sale, any article of merchandise. 2. Conduct any commercial activity. 3. Solicit any business or trade. 4. Solicit alms or funds for any purpose. S. Post, distribute, or display signs, posters, handbills, n - papers, advertisements, circulars, or any other printed or written matter. D. USE Or AIRPORT FACILITIES I. No person shall travel on any portion of the Airport, except upon the roads, walks, or places provided for the particular class of traflic;nor occupy the roads o walks in such manner as to hinder or obstruct their proper use. - 2. No person shall piece, discharge, or deposit in any offal gatbage, or any refuse in o upon any landing r area ramp and apron area, aircraft parking and storage in any public building or any otber ares o the Airport except in receptacles provided for the purpose. 3. No person shall enter into any building, loading dock, or observation, platfore, nor sh"11 they enter upon the landing 'areas, ramp and apron areas, or aircraft parking and storage areas of the Airport with a dog or other animal, except a "seeing eye dog", or one properly confined for shipment. Dogs and other animals are permitted in other public areas of the Airport if on a leash or confined in such a manner as to be under positive control. A. Observation Deck. Children must be accompanied by an adult wwRien on tie 6Wervation deck. 4. Passengers shall not be permitted to enplane ars deplane except n the presence of autbo-ized airline. or fixed base operator personnel or their .desigwted agents or, in the case of private aircraft, in the areas designated far enplaning or deplaning private otters ft. S. Unless otherwise provided in a lease or other agreement, no person shall a any area of the Airport for storage of - cargo or otherproperty without permission of the Manager. s If, notwithstanding the above prohibition,a person uses such areas for storage as afersaid, without first obtaining such permission, then the Manager shall have the authority to order the cargo or other property removed. 6. No person shall operate, hinder, impair, tamper with or otherwise affect heater valve:, hydrants, sprinkler valves and devices, blower motors, the electrical, air conditioning or heating systems at the Airport without the express permission of the Manager. No person shall hold open by any device or mechans. hal means nrin any way cause to be held open or left open any doer or window in any building at the Airport unless so author- ized by the Manager. 9. Any a. scheduled airli,.e, general aviation and off-line scheduled carrier using Bangor International Airport shall use only such catering s v e licensed by the City of Bangor to contract business at Bangor International Airport -47_ a. There sball be no distibotion at or n the Airport by any person of acv proontioncl customer dividends, including, but n no way limited to, trading stamps. Whether a particular item constitutes a promotional customer dividend within the meaning of this paragraph shall be determined by the Manager. E. CONDUCT at or 1 act ifaon thesdoing o oaf?siun theAirport, endangers or raisto do likel any endanger persons gens o y or property. 2. No person shall commit any disorderly, obscene, indecent, or unlawful act, commit any nuisance or abandon any personal property at the Airport. I. FIREARMS AND EXPLOSIVES No person, except authorized peace officers, post office officials, customs officials or members of the Armed Forces of the United States, and the Maine National Guard or Maine Air National Guard On Official duty or any other persons authorized by the Manager shall possess any loaded or concealed firearms or explosives at the Airport. All persons, other than those in the excepted classes shall, while at the Airport, surrender all such objects in their possession to the police. G. ACCIDENTS All persons involved in any accident occurring at the Airport shall make a full report thereof to the Police a soon after the accident s possible and before leaving the Airports N. PRESERVATION OF PROPERTY No person shall destroy, injure, deface or disturb, tamper with, o attempt to destroy, injure, deface or disturb any building, sign equipment, fixture, marker or any other structure or property of the Airport. I. TERMINAL BUILDINGS _ In order to provide for the safety of persons and the prevention of damage to property, including the terminal buildings, no meet- ings, mass demonstrations, or crowds unwarranted by the primary functionof facilitating the travelingpublic, shall be permitted to o r within a terminal building. The Manager y authorize groups mato greet or escort dignitaries, such groups not to exceed 25 persons. The Manager may authorize a press conference if he determines that such conference will not interfere with public trans- portation. 6.3 Vehicular Operations A. GENERAL 1. No person shall operate a motor vehicle on the Airport unless said vehicle is of properly r ne ly registered in accordance with the laws Of the Or by permission of the Manager. 2. No vehicle shall be operated on the Airport if such vehicle i o constructed, equipped, or loaded as to endanger or to be likely to endanger persons or property. 3. No vehicle chap NO permitted to Ioperateon the Airport n wL icli the pull ic. rices not have anright off access unless aM until such vehicle has been inspected, by or under the nuthority of The Manager, and a permit with a assigned number issued to the owner thereof and displayed as required by the Manager. The inspection of the vehicle shall not relieve the operator or owner thereof of the duty to com- om- ply with any requirements imposed by lav or by these Rules and Regulations. 4. No person shall operate a motor vehicle anywhere on the Airport without a valid motor vehicle operator's or chauffeur's license issued by a State Registry of Motor Vehicles. 5. No person shall operate a vehicle on tNe Airport in a careless r negligent nun,er, r i disregard of the rights and safety Of others, Or without due caution Or circumspection or at a speed or in a Monger which endangers o is likely to endanger Persons Or Property or while der the influence of intoxicating liquor, or any narcotic or habit-forming drug or in violation of any statute or ordinance. 6. No person shall park a vehicle or leave saestanding except at such Places and far such periods of time as may be prescribed Or Permitted by the Manager. A. Motor vehicles on the Airport shall be operated in strict com- pllance. with speed limits prescribed by the Manager, as indicated' by poted traffic n no of thirty-five (35) miles per hour. _five and i case in excess 8. The Manager may remove from any area of the Airport any vehicle which is disabled, abandoned, Parked in violation of these Rules - and Regulations, or which presents an operational problem, at theRult er the eeand such liability for damage which may resq. The driver of anyrvehicle involved in an accident on the Airport which results in injury or death to any person or damage toanyproperty shall immediately stop such vehicle at the scene of the accident, and give hisnam address, operator's license number and registration comber to any other person involved in the accident or to any officer or witness to the accident. The Operator of such vehicle shall promptly provide a full report of the accident to the Police. -q9- B. OPERATION ON THE AIRPORT HIGHWAYS OR VEHICULAR PARKING AND STORAGE AREAS 1. The operator of a vehicle must ai all times comply with any lawful order, signal, or direction of an authorized representative of the manager. When traffic upon such highways or areas is con- trolled by traffic lights, signs, pavement markings, or by mechanical or electrical signals such as lights, signs, or markings, these shall be obeyed, unless an authorized representative of the Manager directs otherwise. 2. No person shall stop, stand or park a vehicle: (a) In front of a driveway. (b) Within a bus stopsafetzone , limousine Or taxicab one, except with permission. (c) In other than leased Or authorized areas for the purpose of washing, greasing, or repairing a vehicle, except for repairing necessitated by an emergency. (d) On the roadway side of any stopped or parked .vehicle. (double parking) (a) Within twelve (12) feet of a fire hydrant. (f) Other than in accordance with restrictions posted on authorized signs or indicated by painted markings on curbs or pavements. 3. No person shall park a vehicle within any vehicular parking and tariff rageor area except upon the payment of such parking the contract ofetas myfromtime to time be prescribed by refuse to parking .authority. No person shall re h e tif£syoorcevade or attempt to ode the payment of gee. 4. No person shall park a vehicle in any area designated "For Employee Parking Only" unless such person has obtained authorization for such parking from the Manager and can pro- duce valid evidence of such authorization. C. OPERATION ON AEROEROMIf 1. No vehicles shall be operated on the aerodrome, which shall include landing areas, ramp and apron areas and aircraft parking and storage areas except those specifically authorized by the Manager, who my require that there be displayed on such vehicle identifying numbers, symbols or flags. The Maladies shall Suspend revoke uch authorization if the t' not n safe condition. 2. The Manager shall not authorize individually owned private passenger vehicles to operate on the aerodrome unless unusual renmatances of the business of an Airport tenant absolutely requires such operation, which may be given by the Manager only temporarily and upon proof of minimum liability insurance cover- age of $100,000 per person and $300,000 per accident and m m property damage insurance of $100,000 per accident. mmr- a at all Operator times of any vahiclle on Such areas of the Airport must b a comply with y lawful order, signal, o direction by authorized representative reOr entative of the Manager and must possess 311. t. Parking. cyNo vehicle nye operator's ingm y park on the lending area,amp and LY the Manageron area except in areas designated foz parking Manager. <. 'All vehicles operating on the landing area shall obtain clearance from the Control Toyer before entering thereon, Such vebiclee shall he eguippon radio onwith Or hall be escorted by a vehicle equipped with an operating two-way the Appropriate grouts frequency. Between One hours of sunset and anise am during times of reducer] vieability, such vehicles shall ndisplay appropriate lights as designated by the manager. All vehicles operating an the lancing area shall continuously monitor the appropriate ground control frequency am shall immediately comply with any instruction from the Control Tower, During daylight board, construction vehicles may enter upon the leading s ing area under special provision which shall be prescribed by the Manager with the concurrence of the Control Tower, 5. Vehicles operating on the ramp and apron areas shall strictly conform to the marked 'Traffic aircraft parking and storage established and hall on err "Traffic lens" as currently e the following rules: (a) All vehicles except emergency vehicles responding to an emergency, shall yield the right of way to n aircraft. (b) antry to or exit from the "Traffic lane" shall be made at a right angle am opposite the perm of origin or destination. (c) Vehicles shall came to a complete stop whenever an aircraft is approach- ing the "Traffic lane" from the lalling area Or is preparing to depart its gate position. Vehicles will not proceed until the aircraft is well clear. 414 (d( Through vehicles shall never be driven between an aircraft am its loading gate. (e) No vehicle except emergency vehicles shall be driven at a speed i excess Of 5 miles pen hour within 100 feet of anyterminalbuilds r 15 miles per hour elsewhere any aircraft or °g o on the a ro3rame. (f( Drivers of all vehicles shell be continuously alert and shall ex extreme caution at all times. excise (9) Aiding on baggage carte, trailer hitches, fenders, oron any portion Of a vehicle not equipped with proper seats, running boards, handrails or hambolds is probibited. (h) Due to the danger of carbon monoxide fumes, no vehicle shall be left unattended witp the motor running in the Terminal Building. (1) vehicles smoking excessively shall be restricted from the aerodrome. -51-- (a) PLRM1TS 1. Application: Persons employed at the Airport may apply for an aerodrome motor vehicle operator's permit by submitting an application to the Ofl'i(er in Charge of the Airport Police Unit. Tenants and Perin& of equipment authorized for operation n the toerodrame my submit the application for their employee operators. 2. Requirements: Applicants must: (a) Be at least 18 years of age. (b) Demonstrate their ability to properly operate the vehicles for which they request a permit if required by the Police. (c) Attain a passing grade on an oral, written and a road test, if required by the Police. J. Classes of Permits: Applications for permits for operating vehicles n the aerodrome of Bangor International Airport shall be made in accordance with the vehicle classes outlined below: Class 1: Basic permit for operation of station wagons, passenger ars, panel trucks, baggage tugs, mobile baggage conveyers, and any vehicles not exceeding one ton net weight. Class 2: Permit for operation of large vehicles such as fuel tank trucks, buses, large food dispensing vehicles exceeding one ton net weight. 4. Expiration and Renewal of Permit. 'i"ne permit shall show an expiration data not to exceed two years from the date of issuance. It shall expire at the end of the applicant's birth month. It may be renewed on or before the date of expiration, upon appli- cation to the Police. S Restrictions on Permit: The permit will show whether the operator has any restrictions when driving, such as the need for glasses, hearing aides, or other compensations for physical impairment. b. Classification on Permit: No. person is permitted to operate any motorized vehicle on theaerodrome of Bangor International Airport in a class other than a class shown on said person's permit. i. Carrying and Exhibiting Permits: (a) Any person operating a motor vehicle on the affrodrome use have in his immediate possession his valid aerodrome permit. (b) This permit shall be exhibited upon request of the Airport Manager or his outlwri..cd representative. S. Permitting Bn l icens�I opera yris to opt ra to Me to Vehicles on the Aerchor, . (n) Me ptrIon nlmlL ptr:nif or direct the air ol: any motto17lI vehicle in ih., a tathome of Bangor Inter- national Airpurt unlov, the operator of the vehicle has in hit immediate pnsseesion a valid aerodrome permit n his nam.. 519 _ (b) The foregoing paragraph shall notapply to a person undergoing training for obtaining an aerodrome permit by an authorized licensed aerodrome motor vehicle operator. L. OPERATION. OF TAXICABS, LIMOUSINES, CHARTER AUTOMOBILES, MOTOR BUSES AND RENTALCARS - - 1. No person shall operate a taxicab, limousine, charter automobile o roto' We upon the Airport far the purpose of carrying passengers, baggage or both for Lire axcept i conformity with directives governing the operation of taxicabs, limousines, charter automobiles, and motor buses, as established by the Manager. - 2. No person shall solicit rental car business or transact rental ca business on the Airport premises he is the holder of a permit or contract issued by the Airport Manager. This section shall not be construed so as to prevent delivery of rental cars for arriving passengers previously reserved by the customer at another point. Evi- dence of such prior reservation may be required by the Manager. 6.4 ENFORCEMENT (see See. 8.6) -53- **Sec.7 AIRCRAFT OPERATIONS 7.1 Rules and Regulations 1. No person shall navigate any aircraft, land aircraft upon, fly aircraft from, o conduct any aircraft operations o r from the Airport, otherwise than in conformity with the current Federal Aviation Administration, civil Aeronautics Board, Maine StateAeronautics Department, and the Airport Department's Rules and Regulations. 2. The Manager shall have the complete authority to deny the use of the airport to any aircraft or pilot violating the rules and regulations of the Bangor International Airport, Maine Aeronautics Department, or Federal regulations, regardless of where such violations occur. 7.2 Aircraft Requirements. 1. No aircraft may land or take off at the airport unless it is equipped with brakes and a functioning radio capable of two-way communication with the Control Tower on appropriate frequencies in use, except in the case of an emergency. 2. No motorless aircraft may land or be towed for takeoff at the airport without permission. _ 3. No experimental aircraft nay land or take off from the airport unless previous permission for the operation of that particular type has been granted by the Manager, or in case of emergency. 7.3 Operational Requirements. . 1. Aircraft landing at the airport shall make the landing runway available to others by leaving the line of traffic as promptly as possible. 2. No air -carrier or supplemental shall practice aircraft landing or takeoff at the airport without permission. 3. No aircraft shall use any part of the landing areas considered temporarily safe For landing or taking off, or which is not available for Bey_ cause, s a h areas to be suitably marked and described by NOTAM. 4. Aircraft shall remain on marked hard surfaces of runways, taxiways and ramps only. S. The pilot or other person aboard engaged in the operation of any aircraft (except when subject to the direction or control for ground movement purposes, of the federal Aviation Administration or like Federal Agency) being operated on the surface of any landing area, ramp and apron area raft parking and storage ar, must at all times comply with any lawful order, signal or direction of an authorized representative of the Bangor International Airport. when operation of such aircraft is sontrolled by lights, signs, signals and markings such signals, etc., hall be obeyed unless an authorized representative of the airport directs otherwise. 6. No aircraft shall be operated on the surface of a landing area, ramp and apron area ore aircraft parking and storage a careless o negligent manner or in disregard of the right and safety of others, or without due caution and circumpection, or at a speed or in a which endangers unreasonably, person or property, or While the pilot, or other aboard controlling any part of the operation, thereof, is under the influence of intoxicating liquor, marijuana or any narcotic at habit-forming drug, or if such aircraft is so constructed, equipped or loaded as to endanger unreasonably person or property. ]. Every aircraft parked on a ramp or apron arm, shall have its running lights lighted during the hours between sunset and sunrise unless the Airport Manager specifically approved otherwise. A. Aircraft dump valves shall be tested only in those areas designated for that purpose by the Manager. 9. The pilot oroperator of t enerant aircraft landing at the airport shall register at the Airport Operations Office or the Fixed Base Operations Office, if so designated, immediately after landing: he shall also check out at such operations Office immediately before departure. 1D. No person shall park, store, service c repair an aircraft or leave the same standing i a landing area,ramp or apron area or aircraft park- ing and storage area at the airport, except at such places as say be pre- scribed or permitted by the Manager. - 11,No aircraft shall be taxied at the airport unless a certified pilot certificated to operate that particular type of aircraft or acertified ME mechanic properly qualified to taxi that particular type of aircraft shall be attending the controls. In the case of helicopters, only a certified helicopter pilot shall attend the controls. 12. All strafe ft Wbich are being taxied, loved or otherwise moved at the airport shall be under full control and move or be moved at a reasonable d. speewhenever any aircraft is being taxied, towed or otherwisemoved n the landing ar, there shall be a person attending the controls of the a raft who shall monitor by radio the transmitting frequency in e by the Control Tower. In the event the aircraft radio is inoperative, the persons moving the aircraft shall obtain vehicular radio guidance or obtain prior approval from the Control Tower For visual means of communication. la. .411 aircraft being taxied, towed o otherwise moved at the airport shall proceed with running lights on during Nc hours hetveun sunset and sunrise. 14. No aircraft shall be taxied into or out of a hangar under its own power. SS - 15. Helicopters shall not be taxied, towed, or otherwise moved with rotors turning at the airport unless there is a clear area of at least fifty. (50) feet from the outer tip of each rotor. No helicopter shall be operated within two hundred (200) feet of any areas on the airport where unscented light aircraft are parked. Is. No Jet or turboprop aircraft shall be started, runt -up, or taxied at the airport where the exbaust bloat may cause injury to persons or do damage to property. If it is impossible to start or taxi such aircraft without compliance of the above then the engine meet be shut off and the aircraft towed to desired destination. 17. No aircraft shall be started or run at the airport unless a certified pilot certified to operate that particular type of aircraft or a certified ME mecbsnic qualified to start and run the engines of that Particular type of aircraft All be attending the controls. Wheel blocks shall always be placed at the front and rear of each main landing wheel and the brakes of the aircraft shall be on and lacked before the engines are started except in cases where in the opinion of the Manager other procedures are equally safe. 18. Wherever possible, engines shall not be operated on the airport in such a position that other aircraft, hangars, other buildings or spec - nature shall be in the path of the propeller slipstreams or Jet exhaust blasts. 19. No Jet Or turbo -prop aircraftengine shall be runup except on eup Pads in then authorized thorized by the Manager. va 20. In the event of spillage or drippings of fuel, oil, grease, or any other material which may be unsightly or detrimental to the pavement in any area of the airport, the same shall be removed immediately. The responsibility for immediate -removal of such fuel, oil, grease, or other - notarial shall be assumed by the operator of the equipment causing the same or by the tenant or concessionaire responsible for the deposit thereof on the pavement. 21. Except upon leased premises, the cleaning of or otherwise maintaining aircraft shell be accomplished in areas designated for that purpose by the Manager. - 7.4 Aircraft Fees. 1. No person shall land or takeoff an a raft on or from a landing area, r use a ramp or apron area, except upon payment of such fee or charg a, s nay from time to time be prescribed by the City of Bangor, unless such person is entitled to user such area under a lease o special agree- ment. No person shall refuse to pay or evade or attempt to evade the payment of such tariff or charge. -S6- 2. All fees or charges due the City of Bangor for are of landing areas, ramp and apron areas and aircraft parking and storage areas by itinerant aircraft shall be payable to cash, unless credit arrangements satisfactory to the City of Bangor have been made in advance or per- mission has been secured for payment by check in the suet amount of the fee. 3. The fees or charges prescribed by the City of Bangor for aircraft occupying ramp and apron areas oraircraft parking and storage areas shall constitute an offer by the City of Bangor to extend only the privilege to occupy said space for parking or storage. Said offer shall not include nor shall it imply an offer by or any obligation upon the City of Bangor to exercise any duty toward the care, safekeeping o security of the user's property. 7.5 Moving of Aircraft Equipment If posing an operational problem or in order to facilitate a removal, weeping operations or other necessary maintenance functions, at the direction of the Manager, the pilot or operator of any aircraft and the owner of any aircraft servicing equipment parked or stored at the airport shall move said aircraft or equipment from the place where it is parked or stored to any other designated place at the airport: if the pilot or operator refuses to promptly comply with such direction, the Manager may tow or remove said aircraft or equipment to such designated place, and at the pilot's or operator's expense and without liability far damage which may result in the course of such moving. 7.6 Disabled Aircraft 1. Me pilot or operator thereof shall be responsible for the prompt dis- posal of wrecked or disabled aircraft and parts at the direction of the Manager; in the event of his failure to comply, wrecked or disabled aircraft and parts may be removed by the Manager at the operator's and/or owner's expense and without liability for damage which may result in the course of such removal. _ 2. In order to restore night service, rvice, the Manager may remove damaged air- craft from the landing areas or raand apron areas of the airport at the eoryense of the operator and/or owner and without liability for damage which may result in the course of such removal. 7.7 Accidents The pilot or operator of any aircraft involved in any accident, causing personal injury or property damage at the airport, shall make a prompt and full report of said accident to the Airport Police or ac authorized representative of the Manager. 7.0 Authority to Prohibit Operations Except for emergency landings, the Manager may prohibit aircraft landing and takeoffs at any time and under any circumstances, which me be des likely to endanger persons and property. e� Sen.8 SAFETY AND FIRE PREVENTION. - 0.1 General 1. ne rules and regulations pertaining to safety and fire prevention as promulgated by the Airport Department of the City of Bangor shall be implemented and enforced by the Airport Manager. 2. During the course of actual incidents on the airport, involving fire or threat of fire which may endanger life or property, the Fire Prevention Officer shall be in charge of fire prevention, fire fighting and rescue operations. S. All rules, regulations and recommended practices pertaining to safety and fire prevention contained in the National Fire Codes publfshea by the National Fire Protection Association or promulgated by the National Board of Fire Underwriters and Fire Insurance Underwriters shall be adopted, whether or not specifically provided herein. 8.2 Safety and Fire Prevention Requirements 1. No person in or upon the airport shall do or omit to do any act if the doing or omission thereof endangers unreasonably or is likely to endanger unreasonably persons or property. 2. All persons at the airport shall exe i e the utmost care to guard against injury to persons or property by fire or otherwise. 8. Detected fire, or safety hazards, shall be immediately reported to the Fire Prevention Officer. 4. No person shall banks or carry lighted cigars, cigarettes, pipes, matches or any naked flame in or upon any fuel storage area, landing area, ramp r apron area, aircraft parking and storage area, or any open deck, gallery or balcony contiguous to and overlooking any such area, in any other place where smoking isspecifically prohibited by signs, upon any open space within fifty (50) feet of any fuelservicing vehicle which is not i motion, o ss m other place at the airport under such c ca - stances as may or might be likely to endanger persons or property. S. No person shall conduct any open flame operations, operate an acetylene torch, electric are or similar flame or spark producing device On any part of the airport except in areas within leased premises designated for such use by the Manager, without first obtaining permission in writing - S8- from the Manager, who may require that a permit be obtained. No such permit will be issued for such operations within an aircraft hangar o within say fuel storage area or fuel parking area, eunless the work ie required for the repair and maintenance of said hangars or areas. Should the Fire Prevention Officer deem a "fire pence" to be necessary, such shall be provided by and at the expense of the agency responsible for the existence of the fire hazard. 6. No person shall without prior permission of the Manager, keep, transport, handle or store at, in or upon the airport any cargo of explosives or other dangerous articles which is barred from loading in or transportation by civil aircraft in the United States under the c rent provisions of Part 49 of the Civil Air Regulations promulgated by the Civil Aeronautics Board. Any waiver of such regulations or of any part thereof by the Civil Aeronautics Board or by any other competent authority shall not constitute r be construed to constitute a waiver of this rule or an implied permission to keep, transport, handle or store such explosives or other dangerous articles at, or upon an air terminal. Advance notice of at least twenty- four (24) hours shall be given the Manager to permit full investigations and clearance of any operation requiring a waiver of this rule. _ ]. No person except in connection with authorized military operations shall, at any time, stere,keep, handle, use or transport at, in or Won the airport any article employing atomic fission or radioactive force. 8. No person except in connection with authorized military operations shall store, keep, handle, me, dispense or transport at , in or upon the air- port any Class A or Class B explosives (as defined in the Interstate Commerce Commission Regulations for Transportation of explosives and other dangerous articles), dynamite, nitroglycerine, black powder, fireworks, blasting caps or other explosives, gasoline, alcohol, either liquidshellac, kerosene, turpentine, formaldehyde, or other flammable or combustible liquids, ammonium nitrate, sodium chlorate, wet hemp, powdered metallic magnesium nitrocellulose film, peroxides, or other readily inflammable solids or oxidizing materials, hydrochloric acid, sulpburic acid or other corrosive liquids, prussic acid, pbosgene, arsenic, semantic acid potassium cyanide, tear gas, lewisite or any Class A. poisons ( as defined in the Interstate Commerce Commission regulations far transportation of explosives and other dangers o articles), any compressed gas, o any radioactive article, substanceor material, at such time or piece or in s uch manner nayondition as to endanger unreasonably person or property."a Manager require that a permit for nthe 9storage of all such materials be ob- tained from the City of Bangor, to be conspicuously posted at each location and subject to annual inspection and renewal. Materials normal- ly stored on and Per the operational use of an aircraft shall be exempt from the provisions of this paragraph. 9. The beating of engines at the airport shall be done only by the use of steam, hot water, hot air or approved electric beaters. - s9- 10. Aircraft shall be parked on ramp and apron areas so as to permit free access of fire apparatus to all sides of the aircraft at any time. 11. No aircraft, vehicles, mobile equipment, power units, ramps or associated equipment, shall be located so as to prevent free access to and the normal use of fire hydrants, gates, doors or passageways. 12. Fire extinguisber equipment at the airport shall not be tampered with at any time or used for any purpose other than firefighting or fire pre- vention. All such equipment shall be inspected in conformity with the National Board of Fire Underwriters' regulations. Tags ahowing the date of the last such inspections shall be left attached to each unit. 13. The lessee of a building equipped with sprinkler Systems shall assign qualified employees to make weekly inspections of the systems toinsure their in-service status. 8.3 Housekeeping Practices 1. Highly inflammable, bolatile liquids or solutions shall not be need for cleaning purposes unless authorized by the Fire Prevention—Officer. 2. No person shall use volatile liquids for cleaning purposes unless such cleaning operations are conducted in an outside and remote area, or in s room or building specifically set aside for such operations, which room or building shall be properly ventilated, fireproofed and equipped with adequate readily accessible fire extinguishing apparatus in accordance with the rules of the National Board of Fire Underwriters. S. Discarded inflammable liquids shall be properly contained and labeled as may be required and shall be removed from the airport each. day. 4. Lessees of hangars or other aircraft servicing or maintenance buildings, terminal buildings or other arms shall provide suitable metal re _ ceptacles with self-closing lids for the storage of oily Wastes, rags and all other combustible rubbish or trash. All such materials shall be disposed of by the lessee off of the airport each day. s. All lessees on the airport shall keep the floors of hangars or other buildings free and clear of oil, grease and other inflammable materials. The floors of hangars and other buildings shall be cleaned daily and kept free of rags, waste material or other trash. 6. Any person, causing overflow or spillage of excess oil or grease on any apron area shall be responsible for cleaning such areas. ]. No petroleum products or objectionable industrial waste matter shall be dumped or be pexmicxed to drain into drainage ditches, gutters, bodies of water or into sewer systems or storm drains. — (a U 10. Fuel Transfer handling is prohibited while the engine of the aircraft being fueled or defueled-ie bnning ors being hreated. Fuel ehall be delivered or drained through hose aid connections approved by the National Board of Fire Underwriters. 11. vers'onu engaged in aircraft fuel transfer handling shall exercise every precaution to prevent overflow of fuel. 12. The transfer of bulk aircraft orercial fuel from one fuel servicing vehicle into another is prohibited within the boundaries Of thea sport. 15. Fuel transfer handling operations shall be conducted only i such areas authorized for this purpose by the Manager and never within fifty (SO) feet of any building. Fuel Lnnafer handling operations shall act be con- ducted unless fully trained and qualified employees are available, o of whom must be stationed at all times immediately adjacent to the fuel e servicing vehicle in use. 14. Fuelservicing vehicles shall be parked only in approved and designated areas in a manner to permit rapid removal, accessibility of fire apparatus and spaced at least twenty (20) feet apart. Parking elsewhere is per- mitted only during actual fuel transfer handling operations or far short periods with a driver in the vehicle. At no time shall a fuel servicing vehicle be parked within fifty (50) feet of any building. 8.5 Fuel Spillage 1. Any person or agency causing any fuel spillage during fuel transfer operations or otherwise, shall be responsible for all consequences arising therefrom. 2. Persona responsible for large fuel spillage(six (6) feet ore in diameter) shall immediately notify O e to be notified withthe least delay, the Emergency Crew Headquarters. Upon notification, corrective action will be immediately initiated at the discretion of the Fire Pre- vention Officer and at the expense of the responsible person or agency. 3. Conditions within large fuel spill areas shall be left undisturbed &nding the arrival of the Airport Emergency Crew apparatus, and all personnel ,aballimmediately. leave the fuel spill area. 4. Persons responsible for small fuel spillage (less than six (6) feet i diameter) shall cause a fire guard to be posted and the spill to be promptly cleaned up using techniques recommended by the National Fire Protection Association. S. No person shall proceed with any operation which is likely to result in luel spillage without prior approval of the fire Prevention Officer. 8.6 ENFORCEMENT I. the laws of the State of Maine shall, where applicable, be enforced n the ma er provided by law. City Ordinances and Rules and Regu- lations of the Airport shall be enforced in the manner provided. 2. All rules and regulations herein contained shall be enforced by the Manager or his authorised representative or the Police. 9. Any person who shall violate any provisions of this ordinance, upon conviction thereof, shall be punished by a fine or penalty of not more than $100. Each and every violation of the provisians of this ordinance shall constitute a separate offense. If any section, or part thereof, of this ordinance is held invalid by any court, the remainder of the ordinance shall not be affected thereby. Sed. 9 renews. Ibe City Manager is hereby autborized to execute sod deliver all leases of rentable load and buildings within the confines of the Airport, subject to the approval of the Airport Committee, or a majority tbereof. Sec. 10 Employee Qualifications. Effective January 1, 1976, no person shall be yue 1 iT Tie o or appointment to positions of employment except for Clerk Typists, Clerk Stenographers, Account clerks, Cost Accountants and Custodial Workers in the Airport Department, whether on a temporary or permanent status, unleee he shall within six (6) months of his date of hire establish a permanent domicile within a lineal distance of the Motor Pool - Garage (Building No. 285), Bangor International Airport, as show on a. map dated October 15, 1975, entitled Residency Requirements, on file in the office of the City clerk and made a part hereof. The period for establishing a domicile hereunder may be extended far an additional period not exceeding six (6) months by the department head with approval of the City Manager. All qualifying persons so hired or appointed shall continue to maintain their domicile within said lineal distance for the entire period of their employment with the City of Bangor. Tne requirements of this section shall not apply tsthoae persons hired or appointed to such positions of employment n the Airport Department prior to January 1, 1976, and who, on that date, maintain a permanent domicile beyond said lineal distance. The requirements of this ordinance shall be in addition to all other qualifications for employment by the Airport Department as may be imposed by statute, ordinance or regulation of any duly constituted governmental authority. -6e2 7 CIYUYHR IP ARTICLE 0 - POLICE DEPARTMEMI Sec. 1 Police Department Created. In accordance with Article V, Section 2 (a) of the City Charter, there is hereby established a Police Department. Sec. 2 Functions of the Police Department, It shall be the functions of this department: 2.1 Administrative. To provide for the over-all administration of the Police Department, including the care of prisoners, maintenance and operation of the police communicationsystem and short wave radios and the operation of the police signal system. 2.2 Building Operation and Maintenance. To provide far the maintenance of the interior of the Police Building. 2.5 Patrol. To provide all patrol operations of the department, includ- ing foot and cruiser patrol, street traffic duty, and routine i, estigatiora rot assigned to the detective division. 2.4 Traffic. To provide for the control of traffic, traffic educational programs, traffic studies., school traffic -guide program, the coordination of traffic violation prosecutions, collection of parking fees and the maintenance of and collection from parking meters. 2.5 Criminal Detection. To provide for the operation and maintenance of the central records system of the Police Depart- ment, taking photographs and fingerprints, classifying fingerprints and preparing reports for exchange with other Police Departments. To carry out the investigation of all complaints and crimes, the prepara- tion of evidence far the prosecution of criminal cases and the inves- tigation and settlement of juvenile problems and offenses. 2.6 Equipment Operation and Maintenance. To provide for the operation and maintenance of all police vehicles. Sec. S Police Chief. There is beraby authorized and established the position of Police Chief. This position shall be Included in the Personnel Classification and Compensation Plan for the City of Burger. The Police Chief shall supervise the entire operation of the Police Department. The Police Chief shall be appointed by the City Manager on basis of merit and fitness alone, subject to the confirmation of the City Council. 5.1 Responsible for Law and Order. The Police Chief shall be responsible for the enforcement and maintenance of law and order and the protection of public safety, morals and welfare. _65- 3.2 Make Div] ton Assignments - The Chief shall officers or employees within the department. 3.3 D sl nate Instructor. phe atent lice Chief Officer to act asdpolice instructor. Such officer shall conduct such schools as the Police Chief shall order. 3.4 Assistance at Firesit shall be the duty of the Police Chief, and ice 9n sucM1 ofElcen an alarm for fire,DepartEortment as hwlth may be asst ed for such duty, o report to the place where the fire may be and use their best exertions to preserve the public pe ce andse t nevemmoval theft all sus - the destruction of property, and to second persons. 3.5 M hl Re [ Cit Manaoer. The Police Chief shall make a report to the City Manager before the first Council meeting of each month, as to the business of his office during the preceding month. 3.6 Other Duties. by theform Citysuch Manager or any applicableutias may statecor'bed local laws and ordinances. Sec. 4 Uniforms Provided. The uniformed members of the Police Department will be provided with uniforms A the expense of the City government. Such uniforms are to be supplied according to need as established by the Police Chief and approved by the City Manager within the available appropriation. *Sec. 5 Allotment for Plain Clothesmen. Menbers Of required the ewear plairtment who n clothes shall receive annually, a payment of anamountto be determined in the annual budget Not more than In any fiscal year. TThis clothing not dallowance shall nt shall be tbeppaid e for ato civilian ch n employees of the department. **Sec. 6 Quail I 1 for Police Officer. topon thethe Police Departnment not alreadyt of any nt having a domicile within the City of Bangor, such applicant shall within x (6) months thereafter establish his domicile and remain within a lineal ion in the ty of ngor as dIstance of the map dated Sept tuber Central2, 1975atentitled "Fire men aBand Polfcemenn on a Residency Limitations", on file In the office of the City Clerk and made a part thereof. *Amended May 27, 1968 **Amended November 9. 1981 - C.O. 81-385 CHAPTER II ARTICLE 8 - FIRE DEP.ARTtf Sec: 1 Fire Department Created. In accordance with Article G, Section 2 (a) or the City Charter, there is hereby established a Fire Department. - Sec. 2 Functions of the Fire Department. It shall be the function of thin departmnq 2.1 Extinguish Fires. To provide for the extinguishment of fires, the saving of life and property from fire, and the performance of various miscellaneous services to the public of an emergency nature. 2.2 Inspections.. To provide for the inspection of potential fire hazards, as often as may be necessary, but not less than twice a year in outlying and four tfines a year in closely built portions of the City, all buildings, promises and public thorough- fares, and order the tamest orremedy of any daageroas fire con- ditions in asuch building or structure and each order shall be complied with by the owner or occupant of such building or. structure, and to inspect any violations of the provisions or intent of the laws of the state, or any ordinance of the City affecting the fire hazard. 2.3 Compel Assistance at Fires. To compel and require the assistance of all persons present at spy are in extinguishing the are and removing farnit:re, goods and merchandise from any building on fire or in danger thereof; and to help in the protection of said property, to guard and secure the same, and i pulling dawn or demolishing any house or building, or suppressing tumults and disorder. 2.4 Care of Equipment. To be responsible for the mainterance and care of all property and equipment used by the depart- ment 2.5 Keep Records. To be responsible far keeping a record of all fires and the number of buildings and the value of property destroyed or damaged by Fire with the names of the owners, if kmrm; such records shall be cede available to the City Manager and included in the annual report. , 2.6 Preserve Peace. To be responsible, in cooperation with the Police Department, to preserve the public peace, prevent theft and destruction of property, and to rause the ramval of all suspected persons at the scene of a fire. Sec. 3 Fire Chief. There is hereby authorized and established the position of Fire Chief. Phis position shall be included in the Personnel Classification and Compensation Plan for the City of Bangor. The Fire Chief shall supervise the entire operation of the Fire Deertment. Me Fire Chief shall be appointed by the City Manager on the basis of merit and fitness alone, subject to the confirmation of the City Council. -CnS_ 3.1 Rules and Regulations. The Fire Chief shall provide rules and regulations far the government and efficiency of the department and submit such rules and regulations to the City Manager and Said rules and regulations shall take effect when approved by the City Manager. 3.2 Fire Inspector. The Fire Chief shall be Fire Warden and Fir lnapec- tor and i5 hereby authorized and required to perform all the duties of fire inspector under and by virtue of the provisions of the Revised Statutes of Maine, as amended, and all acts additional thereto and amendatory thereof. 3.3 Shut Off Electric Current. The Fire Chief Shall have authority, i case of fire, to order the current shut off from such wires as he knows or believes to be dangerous to life or property, and no person or corporation shall refuse to shut off such current when so directed by the Fire Chief. 3.4 Monthly Report to City Manager. The Fire Chief shall make a report to the City Manager, before the first Council meeting of each month, as to the business of his office during the preceding month. 3.5 Other Coffee. To perform such other duties as may be prescribed by the City Manager Sr any applicable state or local laws and ordinances. Sec. 4 Use of Fire Buildings. The buildings occupied by the Fire Department shall be for the exclusive use of the departhennt. 4.1 Gambling. No gambling mr the use of intoxicating liquors Shall be allowed or permitted in buildings occupied by the Fire Department. Sec. 5 Uniform. The uniformed members of the Fire Department will be provided with uniforms at the expense of the City government. Such manures are to supplied according to the need established by the Fire Chief and approved by the City Manager within the appropriation available. 5.1 Additional Clothing. The City shall furnish caps, badges, uniform buttons, rubber coats, rubber boots, and helmets for the officers and members of the Fire Department, and said articles shall remainthe property of the City. Sec 6 Assistance to Other Cities. The city Manager, Fire Wei, or official in charge of the Fire Department for the time being, may permit the fire fighting equipment to be sent to the assistance of other cities and towns in cases of fire emergency' but such apparatus shall not be taken out of the City for any other purpose. The Chief of the Fire Department shall, promptly after such service, render a report to the City Manager of the time and the number of pieces of apparatus and the number of men involved; and the City Manager Shall arrange with the City Treasurer to promptly render bills for such services and collect the moneys due the City. No bill shall be rendered to any community with which the City maintains a reciprocal arrangement for fighting fires. — (Owp Sec. 7 Tampering with Alarm System. No person shall tamper with the City fire alarm, police signal, tapper circuits o any part of the fire alarm system. No person except the Fire Chief and his assistants, the City Electrician and his assistants shall have a release key to the fire alarm boxes. Sec. N Demolish Buildings. Whenever it shall be determined by the Fire Chief or officer in command at any fire to pull down or demolish any building which may be on fire, or which it may be deemed donesry to remove to prevent the spread of fire, the same may be by ehis nyder. Sec. 9 Exposed Fires Prohibited. No person, shall kindle, maintain o assist in maintaining any bonfire or other exposed fire within the City, excepting under written permission from the Fire Chief, when such burning may he done in metallic receptacles approved IV him, or under proper safeguards as be may direct as to time and Bather conditions, and on condition that such permission and obliga- tion on the part of such person or persons to keep a sufficient con- trol ofsaid fire, and to be responsible far all damages therefrom, and that all embers shall be extinguished and the hot ashes removed or wet down at the close of said fire. Sec. 10 Fire Alarms. If any person shall wilfully or maliciously give or cause to be given a false alarm of fire by ringing an alarm bell r by pulling in an alarm at any box of the fire alarm system or shall wilfully or maliciously break, destroy or tamper with in any way the apparatus comprising the fire alarm system, he shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, r by imprisonment in the county jail for a period not exceeding ninety days, or by both fine and imprisonment. Sec.11 Penalty. Whoever violates the provisions of the preceding section= fnr which punishment is not provided for shall be punished by a fine not less than twenty dollars ($20.00), nor more than one hundred dollars ($100.00) for each offense. gacN day shall constitute a separate offense. Sec.12 Burning of Paint from Buildings. No person shall use a gasoline blow- torch or other open Flame device for purposes of removing paint from any building or structure located in the City of Bangor. Sec. 13 qualifications for Firefighter. Upon the appointment of any applicant to the Fire Department not alrealy having a domicile within the City of Bangor, such applicant shall within sin (6) months thereafter establish his domicile and remain within a lineal distance of the central Fire Station in the City of Bangor as shown M a map dated September 22, 1975, entitled "Firemen and Policemen Residency Limitations", on file in the office of the City Clerk and made a part hereof. Sec. 14 Code Etnforcmment Division. It shall be the function of the Cade Enforcement Division to administer and enforce all oniinances and State statutes coming within its jurisdiction, including, but nM limited to, the BOCK Basic National Building Cade, BSA Basic Property Maintenance Cale, State Plumbing Regulations, BOLA Basic Mechanical Cade, National Electrical Code, Zoning Ordinances, Bangor Center Revitalization Area Ordinance, One aM Two Family Dwelling Com, aM Historic Preservation OMinance. 14.1 Director of Code Enforcement. no Director shall supervise the entire oparatiM of the Cale Enforcement Division. The Director of Cade Enforceneot shall be appointed by the Fire Chief, subject to confirmation by the City Manager. 14.1.1 Other Enfox lent Officials. 'It folloring officials shall be, employed in the Code Enforce ant Division, and their activities shall pe under the direct supervision aM control of the Director. All said officials shall be appointed by the Director on the basis of fitness aM merit alone, subject to confirmation by the City Manager: (a) Building Inspector(s) (b) Plunbing Inspector(s) (c) Electrical Inspector(s) (d) Housing Irepector(s) (e) Sanitarian(s) (f) Code Enforcement Officer(s) 14.2 Duties. the Code crforcarent Division shall perform all such duties as may he required by law on the part Of its various gyred enforcement officials. �B- CHAPTER II ARTICLE 9 - PUBLIC SERVICES CEPARIMENf Sec. 1 Public Services DMartment. This Impartment shall consist of the Engineering Division, Operations 5 Maintenance Division, Parks 6 Recreation Division, and Treatment Plant Division. The Division shall be under the general supervision ani control of the Public Services Director. Sec. 2 Public Services Director. Tha "lie Services D1rseter shall ne appointed by the City Manager, subject to confirmation by the City Council. Sen. 3 pgineerieg Division. It shall he the function of the Ogineering Division: (a) Make Surveys. To make surveys, including levels, prepare plans and profiles, smite specificatio sand perform other related engineering work in connection with streets, sewers and other public structures. (b) Construction of Public Structures. To make quantity and cost call - mates, inspect and approve the construction of public structures, and perform all other related engineering work for the City not specifically herein enumerated. ic) Record New Streets. To record new streets as laid out in the City Road Book and establish the lines and grades for building new streets and for regrading old streets. (d) Erection of Monuments. To superintend the erection of monuments at the intersection of streets, and preserve and reset all street monuments disturbed or liable to be disturbed in grading or building streets. (e) Maintain Records. To maintain and safely keep all engineering records, instruments, plans, profiles, records of surveys and all other property and papers relatinsl to engineer- ing work of every description belonging to the City of Bangor, and SM11 deliver same to his successor in office. (f7 Services for other Deparments. To perform all engineering seices for the Public Works Deparment and far such other departmenffiof the City as may from time to time require such service. M 3.1 City Engineer. the City DWineer shall te appointed by the City Manager, subject W confiimatim by the City Council. Sec. 4 operations 6 Maintenance Division. It shall W the funccim Of the operations s Maintenance Division W perform construction and maintenance of City buildings and facilities; to provide municipal garbage and refuse disposal; to operate and maintain municipal highways, municipal gravel pits, cemeteries and sanitation facilities; and W be responsible for and oversee the operation and maintenance of the City's harbors and wfazves. ibr purposes of performing such function, the operations S Maintenance Division shall be organized in sxh sections as tlw_ City Manager may deer advisable from time to time. 4.1 Motor Fool Section. It shall be the duty and function of tno MP[or 1W1 Section W maintain and care for all City -owned vehicles. 4.1.1 Motor ibol Director. Me IbWr Pool Director shall be appointed by the Public Services Director, subject W confirmation by tie City Manager. 4.CA Employee Qualifications. Effective January 1, 1976, no person shall be qualified for bire or appointment to positions of employment except for Clerk Typists, Clerk Stenographers, Am�oo�Q.t� Clerks, Cost Accountants and Custodial Workers in the Motor Pool n:w ft', whether on a temporary or permanent status, unless he shall within six (6) months of his date of hire establish a permanent domicile within a lineal distance of the Motor Pool Caress (Building No. 285), Bangor International Airport, as sham on a map dated October 15, 1995, entitled Residency Requirements, o file in the office of the City Clerk and made a Part hereof. The period for establishing a domicile hereunder may be extended for an additional period not exceeding six (6) months by the department head with approval of the City Manager. All qualifying persons so hired or appointed shall continue to maintain their domicile within said lineal distance for the entire period of their employment with the City of Bangor. The requirements of this section shall not apply to those person hhee for appointed to such positions of employment i the Motor Pool prior to January 1, 1976, and who, n that date, maintain a permanent domicile beyond said lineal distance. The requirements of this ordinance shall ,,�p���� aaddition to all other qualifica- tions for employment by the Motor Pool Bk'r'bwr"et as may be imp sed by statute, ordinance or regulation of any duly Constituted governmental authority. 4.1.3 Bos operation. (Reserved) -70- 4.2 $e Yr Section. (HeseN2A) 4.3 electrical Sectim. (Reserved) 4.4 Buildie s arc] Gro Sectim. (Resezved7 4.5 HigMay Sectlm. (Reserved) 4.6 Cemeteries section. (Reserved) 4.7 sanitatim Section. IReserveal 4.8 Fn 1"l Maltficatims. -71- Sec. 5 Parks s Recreation Division. It shall as the function Of the Parks s Recreation Division to plan, operate and maintain all public parks and public places; to organize municipal recreation progress; to supervise playgrounds✓ and swimming pools and other recreational facilities;,tto oversee e �i the operation of the Municipal Golf coursami waterfront areas. 5.1 Parks 6 Recreation Director. There shall be a Parks 6 Recreation Director appointed by the City Manager, subject to confirmation by the City - Council. The Parks s Recreation Director shall supervise the entire operation of the Parks c Recreation Division. S Z AParks and Recreation Advisory Committee Created. In accord- ance with Article V, Section 2 (a) of the City Charter, there is hereby authorized and established a Parks and Recreation Advisory Committee to consist of seven persons who shall be appointed by the City Council. The City Planner and a member of the City Council, appointed annually by the Chairman of the Council, shall serve as ex -officio members of the Advisory Committee. ••3 1 Method of Appointment and Term of Office. Of those first appointed to the Committee, two shall be appointed to serve until January 1, 1968, two members to serve until January 1, 1969, and three members to serve until January 1, 1970. There- after members shall be appointed -annually to serve terms of three years or until a successor is duly appointed. Any vacancy created on committee shall be filled by appoint- ment by the City Council for the remainder of the term. ®.l Council Membership At the time the first committee members are appointed and annually thereafter, at the organization meeting following each municipal elec- tion, the Council shall appoint one of its members to serve ex -officio as a member of the Parks and Recreation / Committee. j.3 Functions Of the Parks and Recreation Advisor Committee. It shal bathe funetiona o£ this Committee to hold regular meetings and t0 advise the Parks and Recreation Director with respect to the policy and administration and all .phases of the recreational program of the Parks and Recreation Department. Sec. 6 Treatment Plant Division. It shall be the function of the Treatment Plant Division to plan, operate and maintain all seuege treatment facilities owned andoperatedby the 'City of Bangor. -72- CMAPIES II A ICbe 10 - DEVEU3Pl n IEPARIDffi4I sec. 1 Development �parcment. The Development Department Stall consist of the Err k Development Division and the oommnity Development Division, and shall be under the general supervision and control of tte Development Director. use. 2 Developrent Director. Tera shall be a Covelopnent Director appointed by the City moajer, subject to confirmation by the City Council. Sec. 3 Economic Dsvelcpment Division. Tie Division shall: (1) P to Develoment. Promote commercial and industrial develcpnent in tte City. (2) Maintain Files. establish and maintain information of interest and assistance to existing and potential industrial and Mwmercial firms. (3) Assist City Industry. %sist existing industry in the City in any expansion or redevelopment program. (4) Contact New Firms. Contact and interest fimm from outside the city in locating i the, city. (5) K p City Manager, Council and Caunittee Informed. Keep - the City manager, tie City Council and the Economic Davelopnent Advisory C ittee fully informed as to the status of existing and potential commercial ant industrial development - n the City. 3.1 Director of Economic Development. T s Director shall bs appointed by ttn City Manager, subject to confirmation by tie City Council. -73- 3.2 Economic De4elooment Advisory Commission. There is hereby authorized and established an Economic Devel- opment Advisory Commission to co.mist of 18 persons who shall be appointed by the City Council. Mention; of the Commission shall be drawn from Profess - ideal and occupational fields which serve to provide expertise a:d background in offering support advice add information to the city's economic development program These fields would include but would not be limited to business, professional, industrial, education, vocational and labor training, banking and finance, transportation, real estate, promotional, utilities. 3.2.1 Purpose and Duties Of the Commission. The Commission shall act in an advisory capacity to the City Council and City Manager on natters relating to the economic development of the c m onity, and to the region as it may affect economic develop- ment of the community. It shall serve and be utilized as a resource group of public and private members for special projects relating to economic development Nat require initiation of research; mobilization of volunteers, expertise and interest from the private sector; and reports of findings to the City Council. It shall serve as a base of private citizen support and advice for development programs, ismines and needs, including airport development and grown, community development projects relating to ec omrC devel- opment, and general economic development, o matters and issues requir- ing private sector liaison and assistance. n It shall s acatalyst for better coordination of municipal navel- ' opment, a well aeserving as a vehicle when appropriate for liaison with other commodities and regional and state development re It shall provide advisory assistance in long-range planning for economic developmentcommunity. of the c mity. and for marketing approaches and use of the educational and technical resources tMt are neared for economic level- Opnant. 3.2.2 Membership and Appointments, Membership of the Commission shall always include certain fixed representations which shall be three members of the City Council, the City Manager, a representative of aninstitution of higher education, and on represen- tative n- tative from each of the boards of directors of the following organiza- tions, theTarget Development Corporation, the Bangor Center Development Corporation. these fixed representatives shall be appointed annually. The other ten matters of the commission shall be appointed for terms of three years each except that in the first year, staggered terms shall be set consisting of four members for one year ach, three for two years each and three for three years each.All Mariana shall serve until the successors are appointed. -04. 3.2.3 Ex-Officio Members. Ex-Officio members of the Commission shall be appointed by the City Council with no fixed terms except that member- ship may b, changed or deleted by the City Council from time to time where c s circumstances deem it necessary. Ex-officio members shall be u non-voting and shall participate in meetings and discussions of the Commission relating only to their program fields and organi- zational representation. Me'role of the ex-officio members is to provide information to the Commission relative to their positions for purposes of assisting in the communication of information and coordi- natioof local or regional programs. -officio sanders shall be the Bangor Economic Development Director, the Bangor Director of Planning and Community Development, the Bangor Airport Manager, tee Bangor Air- port Director of Sales and Marketing, theBargor City Engineer. Executive representatives of other agencies or organizations relating t0 or representing resources for economicmy development y be invited to participate in Commission meetings free time to time for purposes of oordination, communication and development of programs. projects and services of common interest to the City. 3.2.4 Executive Services. The Bangor Director of Economic Development shall Serve as execetive director to the Commission and shall be respon- sible for providing managerial and clerical services includin Mg prepare- tion of ageas, notices, meeting minutes andCOm®iss ion reports municipal and regional administrative liaison; information, recommends- tions and guidance relating to economic development programs and matters. 3.2.5 Organization and Meetings. The Commission shall organize itself - to c rry Out its functions including the election of a chairman and ether officers it deems necessary. It shall conduct its meetings i accepted order, act on a prepared agenda of business and projects generated within the Commission and that may be requested by the City Council, City Manager and Economic Development Director. It shall appoint from its members and others it deem necessary project sub committees from time to floe. It shall set meetings which shall be held no less than quarterly for the full commission. It shall keep a cord of its meetings and prepare reports as necessary, includingan annual report of its activities for Submission to the City Council. 3.2.6 Compensation and Contracts. The Commission's meters shall be voluntary and serve without compensation. Me Commission shall not expend funds or contract a aagent for the city for any purchases of gross Serviceswithout the expressed written request and the authority of the Bangor City Council. -75- Sec. 4 Coaranaty Development and Planning division. This Division shall consist of the Community Development Section and the planning section, and shall be under the general supervision and control of the Director of Planning s Community Developamont. 4.1 Director of Planning a Orenburg Develcnrmnt. the Director email De appointed by the Development Director, subject to confirmation by the City Manager. the Director, on behalf of the Division, shall: (a) Smpervise and direct all 'employees of the Division. (b) exercise all the powers add perform all the duties conferred on and imposed by law an the City of Bangor for purposes of its Community bevel pment Progran. (c) Advise the City Manager, City Council and Planning Board on all matters affecting the physical growth and development of the City when requested or required to do so and to provide necessary staff service to the Planning Burd. (d) Provide information to the public on community development programs and problems. (e) integrate and coordinate all individual projects and programs relating to the planning and development Of the City. (f) Before the first Council meeting of each month, the Director shall make a report to the City Manager as to the business of his Division during the preceding month. - - 4.2 Community Developnent Section. This Section's primary function shall be to assist in the development of the City, including the developrent Of decent housing, suitable living environments, anal the axpansion of decent opportunities, principally for persons of loo and moderate income living in the City. Consistent win this primary objective, the activities of this section shall be directed teasel the followixg specific Objectives: (a) elimination of Slums. The elimination of slums and blight and the pre- vention of blighting influences and the deterior- ation of property in neighborhoods and community facilities of importance to the welfare of the personits, and principally of importance to ns of low and moderate income living in the city. -76- (b) Elimination of Detrimental Conditions. The elimina- tion of conditions which are detrimental to health, safety and public welfare, through code enforcement, demolition, interim rehabilitation assistance, and related activities. (c) Conservation of Decent Housing. The conservation and expansion of the City's bousing inventory to provide a decent home and a suitable living a m zent for all persons, but principally those of low and moderate (d) Expansion of Community Services. The expansion and improvement of the quantity and quality of community services, principally for persons of low and moderate income, which are essential for sound community development in the City. (e) Better Utilization of Land and Resources. A more rational utilization of ]and and other natural resources in the better arrangement of residential, commercial, industrial, recreational and other needed activity centers. (£)Reduction of Isolated Income Crouse. The reduction Of isolated Income groups within the community and the geo- graphical area and the promotion of an increase in the diversity and vitality of the City's neighbor- hoods through spatial deconcentration of housing opportunities for persona of lower income and reorganization of deteriorating neighborhoods to attract persons of higher income. (91. Restoration of Special Properties. The restoration groper r and preservation of ties et special value for historic, architec- tur 1 aesthetic reasons. (Mother Functions. The performance of all other related functions as may be required by the City Council or by the Housing andCommunity Development Act' Of 1974, Public Law 93-383, as may be amended. -77- 4.3 Planning Section. This Section's functions shall be to promote am to coordinate rational land use in the City in accordance with the City's Comprehensive Plan and all applicable law am ordinances. The section shall: (a) Undertake research studies and prepare and commend a comprehensive plan, including the development of more detailed plans and programs based on the comprehensive plan for area renewal, conservation, rehabilitation or redevelopment Ib) Review and submit written comments- to the aDirector, the City Manager, and the City Council upas all proposals to amend the Zoning Ordinance, the Sub- division Ordinance, the Official Map and such other ordinances as the City Council or the City Manager may refer to the Division. From time to time it shall make recommendations for the updating and revision of ordinances relating to planning i the City of Bangor. (c) Maintain the Official Map and keep it up to date. (d) Prepare and recommend, and assist other departments of the City in, the planning and development of specific projects intended to complement the com- prehensive plan. Sec. 5 City Planning Board Created. There is hereby established a City Planning Board for the City of Bangor which shall consist of five members and two associate members who shall be appointed by the City Council. the City Planning Board shall, after the effective date of this ordinance, act as a Planning Board under the provisions of the Revised Statutes of Maine, as amended. 5.1 Qualifications. All members of the City Planning Board shall be residents of the City of Bangor, shall not be salaried officials of the City, and shall serve without compensation. 5.2 Terms of Office. The term of each elected member shell be for five years or until his successor has been appointed and has qualified, except that the respective textus of members first elected shall be on two, three, four, and five years. Any vacancy shall be filled in the same manner for the unexpired term. 5.3 election of Cbairman. The City Planning Board shall annually elect one of its members as Chairman. -78- 5.4 Powers, The City Planning Board shall have full power and authority to make such investigations, maps and reports, and r endations i ection therewith, relating to the planning and development of the munici- pality, - pality, a m desirable to it, provided, however, the total expenditures for such purposes shall not exceed the appropriation therefore together with such gifts as may be placed at the disposal of the Council thereof. The City Planning Board shall also select one of its members to serve as a regular member of the Sign Review Committee, established by Chapter VI, Article S. 5.5 Department Cooperation. Each officer and department of the City is hereby directed to give all reasonable aid, cooperation and information to the City Planning Board, or to the authorized assistants of the Planning Board, when so requested. Sec. 6 Master Plan. It shall be the duty of the City Planning Board to make and adopt a master plan of the City and to perfect it from time to time Such master plan shall show existing and desirable streets, high- ways, street grades, bridges and tunnels, viaducts, public places, parks, parkways, playgrounds, roadways in streets and parka, sites for public buildings and structures, use and building zones, harbor commissioners' ssioners' lines, waterways, routes of railroads and buses,, locations ofsewers, water conduits and other public utilities and other planning features. Such master plan shall be established, added to and changed from time to time by a majority vote of the entire membership of the City Planning Board. It shall be a public record, but its purpose and effect shall be solely to aid the City Planning .Board in the performance of its duties. 6.1 Changes in Master Plan. Whenever the City Planning Board shall have adopted a master plan or env part thereof, then and thenceforth no streets, park or other public way, ground, place or space, no public building or sturctere shall be co structed o authorized in the City, and no chaes rns hall be made in the zoning map of the City of Bangor until and unless the location and extent thereof and the suggested change of the zoning map shall have been submitted to the City planning Board and until the City Planning Board shall have made its report on any such matter submitted to it. 6.2 Failure of Board to Act. The failure of the City P1an,ung Board to act, within thirty (70) days from and after the date of submission to it of such proposition as aforesaid, shall be deemed to be its approval of aro such matter unless a longer period is granted by the Municipal Officers. Sec. ] (RESEMD) -79- Sec. 8 Plat Approval. After the Adopting of the Official Map, the Municipal officers shall, before approving any plat showing streets or highways, refer such plat to the City Planning Board for its report and recommendation thereon, and the Municipal Officers shall not take any action either approving or disapproving the plat until they have received the report of the City Planning Board together with its recom- mendations thereon. 8.1 Public H� Before making such report or recommen- dations, a specified in ChapterII Article 12, Section 8 of this ordinance, the City Planning Board shall hold a public hearing, which hearing shall be advertised in a daily newspaper of general circulation n the City of Bangor at least ten (30) days before the date of such hearing, the cost of said advertising to -be paid by the owner or developer. Me City Planning Board n its report may thereupon approve, modify, or disapprove such plan. 8.2 Disapproval of Plats. If the City Planning Board refuses to approve any such plat submitted to it for its recommendation and report, the reasons for said refusal shall be stated upon the records of the City Planning Board. After receiving the report of the City Planning Board, the Municipal Officers shall take action as they deem proper. 8.3 Callers of Board to Act. If the City Planning Board does not make its 'report, with its recommendations thereon, within forty-five (45) days from the date when said plat was referred to it, the City Planning Board shall be deemed to have approved said plat and the Municipal Officers shall take such action thereon as they deem proper. 8.4 Conditions Precedent to Approval. As a condition precedent to its recommendation of approval of any plat, the City Planning Board my pre- scribe requirements of the extent to which and the manner in which streets shall be graded and improved and water sewer and other utility wins, pipes, connections or other facilities shall be installed. 8.5 Plat Approval Requirements. In recommending the approval of such plat, the City Planning Board shall require that the streets and highways shall have proper grades, be of sufficient width and suitably located to accommodate the prospective traffic and to afford adequate light, air and access, in- cluding access to fire -fighting equipment, to buildings and to be coordinated so as to Compose aeent system, and that the land shown o such plat shall be of such character that it can be used for building purposes with- out danger to health and also, in proper cases, that the apace for park or playground or other recreation purposes of reasonable size is provided, and in determining concern - Ing the streets, highways and parks the City Planning Board shall take into consideration prospective character of the development, whether of residence, business or industry. 8.6 Plat Requirements Containing Proposed Streets. No plat which includes a proposed street or way shall be approved by the Municipal Officers except under the following conditions: (1) The developer orowner has completed the work of grading and improving the proposed street or way in the manner and to the same extent as that required of the developer or caner by Chapter VI, Article 4, Section 3 of the Street Acceptance Ordinance of the City of Bangor; o (2) The owner has signed an agreement to do the ark prescribed in subsection (1) above and has further agreed that if the work is not completed by the owner within a specified time then the City of Bangor will have the right and obligation to complete the work. Such an agreement shall be accompanied by bond to be furnished by the owner, n theamount of the work, as determined by the City Engineer, and approved by the City Manager; or (3) The Municipal Officers have agreed to waive part or all of the requirements of subsections (1) and (2) above whenever the general public interest so requires. 8.7 Addition of Plat to Official Map. Whenever such plat shall be -approved by the Municipal Officers, it shall be added to the Official Nap as an amendment hereto. - �a CHAPTER II ARTICIE 11 - BASS PARK DEPARIWENT Sec. 1 Pass Park Deperfaent. It shall he the function of this Department W operate ani maintain the Pass Park facilities.. 1.1 izeal Restrictions. Its use of the Pass Park facilities Stull he limited to Chose activities which are authorized under Chapt. 90, Sec. 1, P&SL 1951 establishing the Bangor Recreation Center and the requirements of the Will and Codicils of the late .Joseph P. Pass. Sec. 2 Bass Park Director. IDs Bass Park Director shalt supervise the entire operation of'Una Bass Park facility. The fees Park Director shall he appointed by the City Manager, subject W confirmation by the City Council. Sec. 3. Pass Park Camtittee Created. Ibere is hereby authorized and established a committee to be known as the Base Park Committee to consist of three (3) marchers of the City Council annually appointed by the Council Chairman. 3.1 Functions of the Committee. It shall be the function of this Committee co hold regular meetings and tr. advise and supervise the Pass Park Director in respect to the Policy and adainistration of all phases of the day-to-day operation of the Bass Park facilities. Ibe cwuittee shall he authorized to approve the execution of contracts, leases, and other agreements in the name of the City of Bangor relating to the operaticn of the facilities for terns not to exceed thirty (30) consecutive days. All other contracts, leases, and other agreements for longer terms shall but ba executed until approved by a majority vote of the City Council. -82-