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HomeMy WebLinkAbout2009-03-09 09-106 ORDERCOUNCIL ACTION Item No. 09 106 Date: March 9, 2009 Item/Subject: Ordinance, Amending Chapter 9, Section 8 of the Code - Standing Committees Responsible Department: Executive Commentary: During this year's annual Planning Session, the Council indicated an interest in reviewing and revising its Committee Structure. Since then, the Council has held several workshops on this issue and has agreed to make certain changes. These include the following reassignments: City Clerk to Government Operations; the BAT from Infrastructure to Government Operations; the Airport and Parking Fund from Infrastructure to Business and Economic Development; the Golf Course from Government Operations to Business and Economic Development. In addition, the name of the Transportation and Infrastructure Committee is shortened to the Infrastructure Committee, downtown parking is assigned to Business and Economic Development, and the Personnel Committee, which will be composed of the chairs of the four standing committees and the Council Chair, will assume the duty of filling vacancies to volunteer boards and commissions when the occur during the year. Finally, the ordinance has been modernized to eliminate references to functional areas that no longer exist and to clarify certain provisions. The overall intent of these changes is to balance the workload of the various committees and better align functional responsibilities by grouping related areas together under the jurisdiction of the same Committee. Department Head Manager's Comments: - D p � � C9,, ,�4- , O-. LUi�tl.�+�d�C,�6 LA 4-6 . / City Manager Associated Information. ( _�,LZ u," Yo 14 10e LQ#Ad�� il4�na�,vyJ Budget Approval: Legal Approval: Introduced for Passage X First Reading X Referral to Finance Committee, 3-16-09 @ 5 p.m. nce Director Page i of 1 March 9, 2009 Assigned to Councilor Hawes i o 0 CITY OF BANGOR 0�� ED,fE% (TITLE.) Ordinance, Amending Chapter 9 Sections 8 and 9 of the Code of Ordinances — Standing Committees and Special Committees. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Chapter 9 Sections 8 and 9 of the Code of the City of Bangor are hereby repealed and replaced in their entirety as follows: § 9-8. Standing committees. [Amended 12-11-1989 by Ord. No. 90-04; 6-8-1992 by Ord. No. 92- 274; 8-10-1992 by Ord. No. 92-371; 6-10-1996 by Ord. No. 96-265; 9-14-1998 by Ord. No. 98-339; 12-27-2000 by Ord. No. 01-58; 2-25-2002 by Ord. No. 02-105; 1-12-2004 by Ord. No. 04-44] A. There shall be five standing committees of the City Council, to be known as the: (1) Finance Committee. (2) Government Operations Committee. (3) Business and Economic Development Committee. (4) Infrastructure Committee. (5) Personnel Committee. B. Vttith the exception of the Personnel Committee, each committee shall consist of three to five members appointed by the Council Chair from the City Council membership. The Personnel Committee shall be composed of the Council Chair and the chairs of each of the other standing committees. Committee members shall be appointed as soon as possible after the annual election of the Council Chair. They shall serve terms of one year each and until their successors are appointed. The Council Chair shall also appoint one or more members of each committee to serve as its Chair, with the Council Chair to. serve as the Chair of the Personnel Committee. Each committee shall meet at least once per month, with the exception of the Personnel Committee which shall meet as required. A majority of the members appointed to a committee shall constitute a quorum. In the absence of any member of a committee, any member or members of the Council, including the Council Chair, may be designated by the Chair of the Committee to temporarily serve as a member of the committee. Each committee shall perform the following tasks and functions and such other tasks and functions as may be delegated to it by the City Council from time to time. C. Finance Committee. The Finance Committee shall have the following duties: (1) Review of bids and award of contracts without further action by the City Council, within the limits of this subsection, for the purchase of supplies, equipment and services and the construction of public facilities, including public buildings, roads and sewers. The Committee's authority to award contracts under this subsection shall be limited to those situations where: (a) The item has previously been authorized in the annual budget; (TITLE,) Assigned to Councilor 9 X06 (b) The amount to be expended under the contract is covered by an existing appropriation; (c) The term of the contract is for three or less years; and (d) The total amount to be expended under the terms of the contract does not exceed $100,000. (2) Review of bids and advisory comment to the City Council on proposed contracts for the purchase of supplies, equipment and services and the construction of public facilities not qualifying for direct award by the Committee pursuant to Subsection C(1) above. (3) Review of bids and final approval for the issuance of bonds for short-term and long-term borrowings where such borrowings have previously been approved by the city Council. (4) Review and advisory comment to the City Council regarding proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: City Council, City Manager, finance, assessing, legal, pensions, insurance, debt service, library, education and county taxes. (5) Upon recommendation of the City Manager, City Solicitor, City Finance Director, City Tax Collector or City Treasurer, review and approve, without further action by the City Council, the settlement, compromise or payment of City claims and accounts, including claims against the city, subject to the following limitations: (a) Tax collection accounts, including tax abatements for infirmity or poverty pursuant to 36 M.R.S.A. § 841, Subsection 2, in any amount and charge-offs pursuant to 36 M.R.S.A. § 841, Subsection 3, not exceeding $1,500 per account. (b) City claims and collection accounts not exceeding $10,000 per account. (c) Insured claims against the City for property damage or personal injury not exceeding the lesser of $50,000 or the limit of applicable insurance. (d) Self-insured claims against the City not exceeding $10,000. (6) Review and recommendation to the Council on resolves appropriating any city funds. D. Government Operations Committee. The Government Operations Committee shall have the following duties: (1) Review and advisory comment to the City Council regarding proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: city clerk, police, fire, health and community services, parks and recreation, and administrative services, (2) Review and final approval of agreements for the rental or lease of land and/or buildings under the control of the departments outlined above in Subsection D(1) for terms not to exceed three years. All other such agreements shall require approval by the City Council. The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. (3) Review and advisory comment to the City Council concerning changes and modifications to the City's parking regulations and policies outside of the downtown parking management district. (4) Review and advisory comment to the City Council concerning matters relating to intergovernmental affairs. E. Business and Economic Development Committee. The Business and Economic Development Committee shall have the following duties: (1) Review and advisory comment to the City Council on proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: community and economic development, Bass Park, IN CITY COUNCIL March 9, 2009 First Reading and Referred to Finance Committee and Spe al Committees ITY CLERK IN CITY COUNCIL March 23, 2009 Notion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette Bronson, D`Errico, Gratwick, Hawes, Nealley, Palmer, Stone, Wheeler Councilors Voting No. None Passed ` -M CLERK (TITLE,) Amending Chapter 9, Section 8 of the Code - Standing Committees Assigned to Councilor 09 106 Bangor International Airport, Parking Fund, golf course, and Economic Development Fund. (2) Review and final approval of agreements for the rental or lease of land and/or buildings under the control of the departments listed in Subsection E(1) for terms not to exceed three years. All other such agreements shall require approval by the City Council. The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. (3) Review and advisory comment to the City Council concerning economic development projects requiring final City Council approval. (4) Review and advisory comment to the City Council concerning other special development or redevelopment projects which require final City Council approval. (5) Review and advisory comment to the City Council concerning changes and modifications to the City's parking regulations and policies in the downtown parking management district. (6) Review and approval of user fees at the golf course. (7) Review and advisory comment on such other matters involving the departments and divisions listed in E(1) above as may be referred to the Committee by the Council or the City Manager. F. Infrastructure Committee. The Infrastructure Committee shall have the following duties: (1) Review and advisory comment to the City Council on proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: engineering, public works, planning, code enforcement, harbor, the sewer fund, to include user fees and rates, and all matters related to stormwater management and funding. (2) Review and final approval of agreements for the rental or lease of land and/or buildings under the control of the departments listed in Subsection F(1) for terms not to exceed three years. All other such agreements shall require approval by the City Council. The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. (3) Review and advisory comment regarding capital plans and programs of the Sewer Fund. (4) Review and advisory comment to the City Council concerning proposed changes in the city's Comprehensive Plan and Land Development Code. (5) Review and approval, in accordance with Chapter 252, Sewers and Drains, § 252-25, of sewer abatements due to lost water, abatements due to water used in end manufactured products and development discounts. (6) Advisory assistance to the City Council on federal and state legislation and regulatory matters affecting the Sewer Fund. (7) Review and advisory comment on such other matters involving the departments and divisions listed in Subsection F(1) above as may be referred to the Committee by the Council, the City Engineer or the City Manager. G. Personnel Committee. The Personnel Committee shall have the following duties and responsibilities: (1) Review and advisory comment to the City Council regarding applicants for positions on City Hoard, Commissions and Committees. (2) Hear employee grievances as required by the City of Bangor Personnel Rules and Regulations (TITLE,) Assigned to Councilor. A OE § 9-9. Special committees. The City Council may, by order, establish such special committees of the Council as it may find necessary to review and advise the Council on specific issues or areas of municipal operation. The order creating such a committee shall establish its purpose and duties, composition, manner of appointment of committee members, term of existence, the Standing Committee of jurisdiction, and procedures by which the Standing Committee of jurisdiction will be kept informed of the work of the committee. Such committees may be composed of any combination of Council members, City staff and representatives of other organizations or the citizenry at large whose expertise may be of use to meeting the purpose of such committee. (TITLE,) Assigned to Councilor, 09 10G b 9-8.- Standing_committees_ _ [Amended -12-11=1989 by Ord. No. 90-04; 6-8-1992 by Formatted: Font: 11 pt Ord. No. 92-274; 8-10-1992 by Ord. No. 92-371; 6-10-19-9-6-6y Ord. No. 96-265; 9-14- 1998 by Ord. No. 98-339; 12-27-2000 by Ord. No. 01-58; 2-25-2002 by Ord. No. 02- 105; 1-12-2004 by Ord. No. 04-44] A. There shall be five standing committees of the City Council, to be known as the: (1) Finance Committee. (2) Government Operations Committee. (3) Business and Economic Development Committee. 4 nfrastructure Committee. - - 4 Deleted: Transportation and (5) Personnel Committee. B. With the exception of the Personnel Committee, each committee shall consist of three to five members appointed by the Council Chair from the City Council membership. The Personnel Committee shall be composed of the Council Chair and the chairs,of each of the other standing committee Committee members , , - Deleted: one member - ---------------- -- --�'---membe ---- shall be appointed as soon as possible after the annual election of the Council \ - ueieted: , such members to be Chair. They shall serve terms of one year each and until their successors are appointed by the Council Chair appointed. The Council Chair shall also appoint one or more members of each committee to serve as its Chair, with the Council Chair to serve as the Chair of the Personnel Committee. Each committee shall meet at least once per month,. with the exception of the Personnel Committee which shall meet as reouired. A majority of the members appointed to a committee shall constitute a quorum. In the absence of any member of a committee, any member or members of the Council, including the Council Chair, may be designated by the Chair of the Committee temporarily as a member of the committee. Each committee _ , - Deleted: who are present may --- ---- -------------------------------- shall perform the following tasks and functions and such other tasks and functions as may be delegated to it by the City Council from time to time. C. Finance Committee. The Finance Committee shall have the following duties: (1) Review of bids and award of contracts, without further action by the City _ , - Deleted:, Council, within the limits of this subsection, for the purchase of supplies, equipment and services and the construction of public facilities, including public buildings, roads and sewers. The Committee's authority to award contracts under this subsection shall be limited to those situations where: (a) The item has previously been authorized in the annual budget; (b) The amount to be expended under the contract is covered by an existing appropriation; (c) The term of the contract is for three or less years; and (d) The total amount to be expended under the terms of the contract does not exceed $100,000. (2) Review of bids and advisory comment to the City Council on proposed contracts for the purchase of supplies, equipment and services and the construction of public facilities not qualifying for direct award by the Committee pursuant to Subsection C(1) above. 09 106 (3) Review of bids and final approval for the issuance of bonds for short-term and long-term borrowings where such borrowings have previously been approved by the City Council. (4) Review and advisory comment to the City Council regarding proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: City Council, City Manager,, finance, assessing, legall, pensions insurance, _ - Delleted: city clerk, debt service, library, education and county taxes. Deleted: private schools, (5) Upon recommendation of the City Manager, City Solicitor, City Finance Director, City Tax Collector or City Treasurer, review and approve, without further action by the City Council, the settlement, compromise or payment of City claims and accounts, including claims against the city, subject to the following limitations: (a) Tax collection accounts, including tax abatements for infirmity or poverty pursuant to 36 M.R.S.A. § 841, Subsection 2, in any amount and charge-offs pursuant to 36 M.R.S.A. § 841, Subsection 3, not exceeding $1,500 per account. (b) City claims and collection accounts not exceeding UQ,000_ per _ _ - - - _ - Deleted: s account. (c) Insured claims against the City for property damage or personal injury not exceeding the lesser of $50,000 or the limit of applicable insurance. (d) Self-insured claims against the City not exceeding 10 000. - - Deleted: 6 (6) _ _ _ - Review and recommendation to the Council on resolves appropriating any. - - Formatted: Indent: Left: 0.5" city funds. t - Deleted: ¶ D. Government Operations Committee. The Government Operations Committee shall have the following duties: Formatted: Indent: Left: 0", First line: 0" (1) Review and advisory comment to the City Council regarding proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: city clerk, police, fire, health and community services, parks and recreation,_ , , - Deleted: welfare and administrative services, ------ Deleted: (excluding public (2) Review and final approval of agreements for the rental or lease of land ` transportation), Bangor City Nursing and/or buildings under the control of the departments outlined above in Facility Subsection D(1) for terms not to exceed three years. All other such Demoted: and golf course. agreements shall require approval by the City Council. The Committee shall not grant options for the sale of land or buildings or finally authorize Deleted: (3) . Review and approval the sale of such facilities without prior approval of the City Council. of user fees for the golf course. ¶ --- Review and adviso comment to the Ci Council concernin Chan es -- �------------- �------------g----�----� (4) - Review and advisory comment to the City Council regarding applicants and modifications to the City's parking regulations and policies` outside of for positions on City boards, the downtown parking management districtscommissions and committees when G� .......................... -------------------- Review and advisory comment to the City Council concerning matters ` -- vacancies occur during the year. ¶ - - _ relating to intergovernmental affairs. Deleted: 5 Formatted: Font: 11 pt, No underline Formatted: Font: 11 pt Deleted: 6 A9 100 �. Business -and- Economic Development Committee. The Business and EWnomic ... ; - - Formatted: Font: 11 pt Development Committee shall have the following duties: Deleted: c (1) Review and advisory comment to the City Council on proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: community and economic development, Bass Park, Bangor International Airport, Parking Fund, golf course, and Economic Development Fund. (2) Review and final approval of agreements for the rental or lease of land and/or buildings under the control of the departments listed in Subsection E(1) for terms not to exceed three years. All other such agreements shall require approval by the City Council. The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. (3) Review and advisory comment to the City Council concerning economic development projects requiring final City Council approval. (4) Review and advisory comment to the City Council concerning other special development or redevelopment projects which require final City Council approval. (5) Review and advisory comment to the City Council concerning changes and modifications to the city's parking regulations and policies in the downtown parking management district. (6) Review and approval of user fees at the golf course. - - _ Review and advisory comment -on -such -other matters_ involving the --------- Deleted: s departments and divisions listed in E(1) above_as_ma_y be- referred_to_the_ _ _ - _ Dekted: Bass Park Committee by the Council or the City Manager. F. Jnfrastructure Committee. The Jnfrastture Committee_shall have the - - rucfollowing_------ - Deleted: Transportation and duties: --- Deleted: Transportation and (1) Review and advisory comment to the City Council on proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: engineering, public works, planning, code enforcement, harbor, the sewer funds to - - - Deleted: Bangor International include user fees and rates, and all matters related to stormwater Airport, public transportation, the Parking Fund, and management and funding. (2) Review and final approval of agreements for the rental or lease of land and/or buildings under the control of the departments listed in Subsection F(1) for terms not to exceed three years. All other such agreements shall require approval by the City Council. The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. (3) Review and advisory comment regarding capital plans and programs of the Sewer Fund. - ----� - Deleted: general fund, Airport Fund, (4) -----------------------------" Review and advisory comment to the City Council concerning proposed Parking Fund, and the changes in the city's Comprehensive Plan and Land Development Code. (5) Review and approval, in accordance with Chapter 252, Sewers and Drains, § 252-25, of sewer abatements due to lost water, abatements due to water used in end manufactured products and development discounts. (6) Advisory assistance to the City Council on federal and state legislation and regulatory matters affecting the Sewer Fund. (7) Review and advisory comment on such other matters involving the departments and divisions listed in Subsection F(1) above as may be referred to the Committee by the Council, the City Engineer or the City Manager. ---------------------------------------------------------- G. ---------------------------------------------- -G. Personnel Committee. The Personnel Committee shall have the following duties and responsibilities: (1) Review and advisory comment to the City Council regarding applicants for positions on City Board, Commissions and Committee4 --------------------------------------- (2) Hear employee grievances as required by the City of Bangor Personnel Rules and Regulations § 9-9. Special 'Committees ----------------------------------------------\- The City Council may, by order, establish such special committees of the Council as it may find necessary to review and advise the Council on specific issues or areas of municipal operation. The order creating such a committee shall establish its purpose and duties, composition, manner of appointment of committee members,. term of existence,_ the Standing Committee of jurisdiction, and procedures by which the Standing Committee of iurisdiction will be keit informed of the work of the committee. Such committees may be composed of any combination of Council members, City staff and representatives of other organizations or the citizenry at large whose expertise may be of use to meeting the purpose of such committee. Deleted: (8) . In addition. the Committee shall meet at least once a quarter to review issues of significance to Bangor International Airport to include, but not be limited to, passenger and budget trends, marketing plans and activities, consultant reports and studies, capital plans and programs, and others issues related to the long-term sustainability and development of the airport. To the greatest extent possible, other items shall not be included on the agenda for this meeting to ensure that the Committee is provided the opportunity to focus its attention on major airport issues. [Added 4-23- 2007 by Ord. No. 07-1131 1 Deleted: on an annual basis Deletes: ¶ Deleted: and