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HomeMy WebLinkAbout2009-05-11 09-159 ORDERCOUNCIL ACTION Item No. v 9 159 Date: 5-11-2009 Item/Subject: Order, Establishing the Penjajawoc Watershed Citizen Review Panel Responsible Department: Legal Commentary: Stakeholders have been working with the City on water quality issues in the Penjajawoc Stream watershed for over a year, most notably by commenting on the Penjajawoc Watershed Management Plan. While stakeholder meetings have proven productive, both stakeholders and City staff believe more consistent stakeholder participation could prove valuable in implementing the Penjajawoc Watershed Management Plan. The Penjajawoc Watershed Citizen Review Panel would be a vehicle for providing input and feedback to the City Council and City staff regarding stormwater issues affecting the Penjajawoc Watershed. The Panel is intended to facilitate communication among stakeholders and between stakeholders and the City, as well as to promote public understanding of stormwater issues. A draft charter for the Panel is attached. If approved, another Order will be necessary once the Council has selected the members of the CRP. The Infrastructure Committee has reviewed the charter and recommends approval. Manager's Comments: Associated Information: a Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Department Head ManagerWE City Finance Director Page _ of _ ity Solicitor Assigned to Councilor gLANCHETTE CITY OF BANGOR (TITLE.) ORDER, Establishing the Penjajawoc Watershed Citizen Review Panel A i59 MAY 1 1 2009 WHEREAS, the Penjajawoc Stream is listed as an urban impaired stream by the Maine Department of Environmental Protection; and WHEREAS, the City of Bangor is working with stakeholders to improve the water quality within the Penjajawoc Stream by developing a watershed management plan; and WHEREAS, the City Council believes it will be beneficial to have a working group of stakeholders to provide input, facilitate communication, and promote public understanding regarding stormwater issues in the Penjajawoc watershed; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT In accordance with Chapter 9, Article I, Section 9-9 of the Code of the City of Bangor, there is hereby established a special committee, which shall be called the Penjajawoc Watershed Citizen Review Panel. The purpose, responsibilities, procedures, and other terms governing the Penjajawoc Watershed Citizen Review Panel shall be as set forth in the charter attached to this Order. IN CITY COUNCIL May 11, 2009 Motion Made and Seconded for Y�ssage Pasge(d CITY CLERK .* 09-159 ORDER (TITLE ESTABLISHING THE PENJAJAWOC WATERSHED CITIZEN REVIEW PANEL Assigned to Couadlor__ PEN]AJAWOC WATERSHED CITIZEN REVIEW PANEL April 30, 2009 Purpose u9 59 The Penjajawoc Watershed Citizen Review Panel (CRP) is intended to provide consistent stakeholder participation into future refinements of the Penjajawoc Stream Watershed Management Plan (hereinafter referred to as the Plan), provide review and suggestions to the Bangor City Council and City staff on adaptive management efforts under the Plan, review and discuss the implementation of associated action plans, facilitate communication and agreement, and generally to promote public understanding. Mission The mission of the CRP is to assist the City of Bangor in working to implement the Plan and achieve Class B water quality standards in the Penjajawoc Stream in a manner which balances environmental stewardship with a healthy economy through an open process of dialogue and citizen. As a group representing various interests in Bangor and the Penjajawoc watershed, the CRP will allow for the presentation of a range of ideas and perspectives while providing for an efficient consultation process. Responsibilities 1. Review and discuss the implementation of the Plan. 2. Provide advice and comment to the City Council and City staff on the ongoing refinement of the watershed management plan. 3. Examine data regarding the impact of Best Management Practices on stream water quality. 4. Review and comment on proposed adaptive management changes to the Plan. 5. Assist in efforts to educate City residents, property owners within the watershed, and other interested parties on water quality issues and efforts. 6. Provide support for development and adoption of means to fund the implementation of the Plan, such as a utility district. Membership 1. The CRP will be made up of 12 members. Members will be appointed for three-year terms by the City Council based on nominations from the public, interested organizations, individual Councilors and City staff. Preference shall be given to those who reside in Bangor, those with an economic interest in the City, and those with an interest in the Penjajawoc watershed. Members will represent the following interests in the following numbers: 3 — Environmental organizations. 3 — Owners or managers of commercial property within the watershed. 2 — Owners of non-commercial property within the watershed. 1— Nonprofit organizations owning property within the watershed and not otherwise represented. 3 — At -large citizen members. 2. Replacements or openings resulting from resignations shall be filled by the City Council. 3. A representative of the Maine Department of Environmental Protection and a member of the Mall Marsh Commission will be invited to attend each meeting. The CRP may also invite people with strong scientific backgrounds in relevant fields and the ability to effectively communicate scientific and technical data to attend meetings and provide technical support. Procedures 1. The CRP shall meet at least quarterly. Regular meetings shall be scheduled for the year at the beginning of each calendar year. Special meetings may be called by the Chair. 2. Prior to December 31 of each calendar year beginning in 2009, the CRP shall prepare an annual report outlining its activities during the preceding twelve-month period (or fraction thereof for calendar year 2009) and the efforts made towards implementing the Plan and the results of those efforts. This report shall be provided to the Bangor City Council, the Maine Department of Environmental Protection, citizens who have expressed an interest in receiving such information, and the general public through posting on the City's web site. The CRP shall also meet jointly with the Infrastructure Committee of the City Council at least three times in 2010 and at least two times every other calendar year, including 2009, in order to provide an update to that Committee. A59 3. The City Council shall select a chair and vice -chair from among the members of the CRP. 4. A quorum shall consist of a majority of the members of the CRP. 5. Meeting notices and agendas shall be publicly posted and distributed in accordance with the public meeting procedures of the City of Bangor. 6. An opportunity for public comment will be provided at each meeting. 7. If a member is unable to attend a meeting, the member shall, whenever possible, notify the Chair and City Staff assigned to the CRP. If any member misses three consecutive meetings, the Chair will notify the Chairperson of the City Council and the member will be replaced by the City Council. 8. A member will notify the Chair if he/she must vacate his/her position. Where a vacancy occurs, the position will be filled by the City Council. 9. Feedback, comments, and any recommendations by the CRP shall be noted in meeting minutes, a copy of which shall be forwarded to the City Manager. If the CRP does not reach consensus, the minutes shall reflect the opinion of the majority (if any) and the opinion of each minority. 10. The CRP shall remain in existence for a term of three years, ending January 1, 2012. At that time, the CRP shall make a recommendation as to the need for its continued existence to the City Council. Staff Support Staff support shall be provided by the City of Bangor as assigned by its City Manager. Assigned City staff shall: 1. Provide technical support and information to the CRP. 2. Prepare agendas in coordination with the Chair and ensure that they are posted and distributed in accordance with normal City procedures. 3. Ensure that minutes are taken and distributed to the members. 4. Place on the agenda for the next meeting any item requested at least 1 week in advance, space permitting. X59 5. Provide other administrative support as needed. Communications & Transfer of Information 1. Minutes, status updates, and important project information will be posted to the City's website to a special section reserved for such information. The website shall also include a section in which the public may post comments. 2. CRP members shall notify City staff of any agencies, organizations, interest groups, or individuals who have expressed an interest in receiving notices and minutes of CRP meetings. City staff shall provide such notices and minutes to those interested. 3. City staff shall keep the Department of Environmental Protection informed by forwarding them agendas and minutes and by providing them with opportunities to comment.