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Home My WebLink About2015-06-08 15-203 ORDINANCECOUNCIL ACTION Item No. 15-203 Date: June 8, 2015 Item/Subject: ORDINANCE, Amending Chapter 28, City Departments, of the Code of the City of Bangor, By Updating Departmental Structure Responsible Department: Legal Commentary: This item will amend Chapter 28 of the Code of Ordinances to update departmental structures to reflect current practice. Over the past few years, a number of changes have been made to the City's departmental structure and the Code of Ordinances has not kept up with all the changes, most notably in Public Services. If accepted, the changes include elimination of the position of Public Services Director, who formerly oversaw Engineering, Public Works, and the Wastewater Treatment Plant, and the creation of separate Engineering, Public Works, and Water Quality Departments; removal of the Office of Business and Economic Development, which formerly oversaw the Community and Economic Development Department, Airport, and Bass Park; removal of unenforceable employee residency requirements; and removal of the Nursing Facility Department, which formerly oversaw the Bangor Nursing Home when it was run by the City; This item was reviewed and recommended for approval at the Government Operations Committee meeting on June 15, 2015 Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Passage x First Reading x Referral to the Government Operations Committee on June 15, 2015 Department Head City Manager Finance Director City Solicitor 15-203 JUNE 8, 2015 Assigned to Councilor Blanchette CITY OF BANGOR �R4TEDfEj ORDINANCE, Amending Chapter 28, City Departments, of the Code of the City of Bangor, by Updating Departmental Structure WHEREAS, in the past several years, a number of changes have been made to the City's departmental structure, WHEREAS, these changes have not arrays been reflected in the City's ordinances; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 28 of the Code of the City of Bangor be amended as follows: Article T. Administrative Services Department § 28-1. Establishment; divisions. There is hereby established an Administrative Services Department for the City of Bangor. This Department shall consist of the Human Resources and Labor Relations, Central Services, f=leet Maintenanee and Bus Divisions. r ■_ -MIT,r G-. Bus Division. The Bus Division shall be responsible for operating the city's bus system. Article II. Airport Department § 28-5. Airport Manager. A. Represent city. The Airport Manager and/or the City Manager Business and Eeenefnie Develepm shall represent the city in all airport matters before the Federal Aviation Administration (FAA), the Department of Transportation and such other agencies as deemed necessary. 15-203 JUNE 8, 2015 C. Other duties. The Airport Manager shall prepare plans, standards and directives as required by the FAA or other federal agency for the operation of the airport and promulgate, subject to the approval of the appropriate Council committee, such plans, standards or directives in the form of rules and regulations of the airport as provided in § 28-413. In preparation of required security directives, the Airport Manager and the Police Chief shall, for the safety of the traveling public, cooperate to provide maximum protection against hijacking, bomb explosions, bomb threats, civil disturbance, vandalism, properly destruction or other violence. The Manager shall also perform such other duties as may be prescribed by the City Manager, the DiFed-eF Of the Office ef Bu or any applicable federal, state or local laws or ordinances. Article IV. Bass Park. Complex § 28-13. Department created; powers and duties. A. In accordance with Article V, Section 2(a) of the City Charter, there is hereby established a City department to be known as the "Bass Park Complex." -r 11 7-IT519M r r MINN I 011 _ - - i ■_ Article IV. Bass Park. Complex § 28-13. Department created; powers and duties. A. In accordance with Article V, Section 2(a) of the City Charter, there is hereby established a City department to be known as the "Bass Park Complex." 15-203 JUNE 8, 2015 B. It shall be the function of the Bass Park Complex to operate and maintain the Bass Park facility, to include the , Cross Insurance Center Bangor State Fair and Bangor Raceway. § 28-14. Restrictions on use of facilities. The use of the Bass Park facilities shall be limited to those activities which are authorized under Chapter 90, Section 1, Private and Special Laws of 1951, establishing the Bangor Recreation Center, and to those activities which are consistent with the will and codicils of the late Joseph P. Bass. § 28-15. Director. A. There is hereby authorized and established the position of Bass Park Complex Director, This position shall be included in the Personnel Classification and Compensation Plan for the City of Bangor. and shall be appointed by the City Manager on the basis of merit and fitness alone, subject to confirmation by the City Council. Alternatively, the Bass Park Complex Director position shall be contracted out in accordance with City poligy. B. Duties. The Bass Park Complex Director shall serve as Department Director of the Bass Park Complex and shall manage the whole operation of the Department. The Director shall make a report to the City Manager before the first Council meeting of each month as to the business of his or her office during the preceding month. He or she shall also perform such additional duties as may be prescribed by the City Manager, Develepment or by applicable state or local law. Article V. Community and Economic Development Department § 28-16. Establishment; divisions. D. Code Enforcement Division. The Code Enforcement Division shall be responsible for administering and enforcing all ordinances and state and federal statutes and programs coming within its jurisdiction, including but not limited to the BOGA Basie Natienal Building Gede, BGGA Bas! Maine Uniform Building and Energy Code, Chapter 223, Property Maintenance, of this Code, state plumbing regulations, , Chapter 165, Land Development, of this Code, Chapter 71, Bangor Center Revitalization Area, of this Code, the One and Twe Family Dwelling Ge and Chapter 148, Historic Preservation, of this Code. § 28-17. Community and Economic Development Director. There is hereby established the position of Community and Economic Development Director to be appointed by the City Manager, subject to confirmation by the City Council. The Community and Economic Development Director shall appoint and supervise all employees assigned to the Department, subject to the general supervision of the City Manager 15-203 JUNE 8, 2015 Article VIII. Fire Department Upen the appeintment of any applicant to the Fire DepaFtment net a'Feady ,. establish having his ep a demidle her demiefle within th-e and" Mein the efflee ef the Gity G!eF!( and made a part thereof. If resideney Fequirements have , en been addFessed in shall apply. , r § 28 44. Powers, and duties. 8-. Waiver efFesideneyFequirernents. �� ■ 111 i Y A AL W66 QMMM26 15-203 JUNE 8, 2015 There is herebv established a Public Works Department for the ON of Bangor. It shall be the function of the Public Works Department. A. Construction and maintenance. To perform construction and maintenance of city facilities B. Garbage. To provide municipal garbage collection and disl2osal. C. Streets. To operate and maintain municipal roads, streets, and highways. D. Gravel pits. To operate and maintain municipal gravel pits. E. Cemeteries. To operate and maintain municipal cemeteries. F. Electrical. Tooperate and maintain the streetlighting and traffic lighting s stem tooperate and maintain the fire and police alarm system, to supervise and maintain the City`s Electrical Division, if any, and to perform related functions as may be assigned. G. Forestry. To supervise and maintain the ON's Fores Division if any. H. Fleet. To operate and maintain the municipal fleet. I. Other duties. To perform other duties as assigned by the City Manager. § 28-45. Public WoEks Director. 15-203 JUNE 8, 2015 There is hereby authorized and established the position of Public Works Director. The Public Works Director shall be appointed by the City Manager on the basis of merit and fitness alone, subject to the confirmation of the City Council. The Public Works Director shall al2goint and sul2ervise all em .lo ees assigned to the Public Works Department, suWect to the general sul2ervision of the City Manager. The Public Works Director, or his or her designee, is hereby designated as City Electrician and shall assume the powers and duties conferred upon this position under the laws and ordinances of the City of Bangor. The Public Works Director shall also perform such other duties as may be prescribed by the City Manager or any applicable state or local laws or ordinances. & 28-4fir Divisignss The Public Works Department shall include within it such divisions as the City Manager may deem advisable from time to time. ::mss__ ._ ,_ .__ . - - - r ■ - - - - Oft ON' - - -.- a - - - a f r 15-203 JUNE 8, 2015 n�°.m�i�%r(i�ww�rii-.�-Jriw��iin r" LWA M `.! sys MM!r�awv ! v M!s arM Mt —.1 s.a.— --y . E... ...... I IM..n ...... . — wiFes and et�er utility str-ueWFes in the public rights of C ` - pFevidthat the Gity r f •r r pits, • e, system,themay deem advisable fFeFn time te time. 15-203 JUNE 8,2015 WMWM MMI Article XIV. Water Quality Management Department 6 ?A-60, Establishment. There is hereby established a Water Qualily Management Department for the Qy of Bangor. § 28-61. Powers and duties. It shall be the function of the Water Quali!y Management Department to oversee and supervise the operations of the wastewater treatment plant, the wastewater collection Ustem, and the stormwater Vstem. § 28-62. DiE@_qQr of Water Quality Management. There is hereby authorized and established the position of Director of Water Quality Management. The Director of Water Quafty Management shall be appointed by the Cily Manager on the basis of merit and fitness alone, subject to the confirmation of the Ci !y Council. The Director shall appoint and suQervise all ern .lo yees assigned to the Water uaftManagement Department, subject to the general supervision of the City Manager. The Director shall also perform such other duties as may be prescribed by the City Manager or any applicable state or local laws or ordinances. Article XVI. Office of Government Operations and Offlee of Business=and E Develepmen I § 28-70. Establishment; departments, divisions and agencies. There is hereby established the Office of Government Operations and the Offlee ef Business and Eeenemie Develepmen . 15-203 JUNE 8, 2015 . The Office of Government Operations shall consist of the following Departments and Agencies: Police, Fire, Parks and Recreation, Health and Community Services, Administrative Services and the City Nursing Facility. § 28-71. ens Director. There is hereby authorized and established the pesitiensspo ition of Director of Government Operations . These DiFe This Director shall provide general supervision to the various departments and agencies of them ef€ices his or her office. These pesitiens This position shall be included in the Personnel Classification and Compensation Plan for the City of Bangor. These Die This Director shall be appointed by the City Manager on the basis of merit and fitness alone, subject to confirmation by the City Council. Article XVIII. Engineering Deggrtment ra 28-85. Establishment. There is hereby established an Engineering Department for the City of Bangor. 28-86. P were and duties. It shall be the function of the Engineering Department: A. Make surveys. To make surge s including levels, re re plans and profiles, writes ecifications and perform other related engineering work in connection with streets sewers and other public structures. B. Construction of public structures. To make quantily and cost estimates inspgct and aQprove the construction of public structures and perform all other related engineering work for the City not specifically herein enumerated. C. Record new streets. To record new streets as laid out in the Ci Road Book and establish the lines and grades for building new streets and for re rq adingold 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 Ins profiles records of surveys and all other oropeft and papers relating to engineering work of evecy description belonging to the City of Bangor. 15-203 :TUNE 8, 2015 F. Services for other departments. To perform all engineering services the departments of the City may from time to time require. § 28-87. City Engineer. There is hereby authorized and established the position of City Engineer. The City Engineer shall supervise the entire operation of the Engineering Department In addition to other duties required byr law, the City Engineer shall have charge of and regulate the opening and excavation of all City streets and shall have the authority to grant applications for the location of utility poles, wires and other utility structures in the public rights-of-way, provided that the City Engineer's authority to grant utility location permits shall not be in substitution for any franchise agreement or similar agreement otherwise reguired by law, e.g., cable television franchise agreements required under 30-A M.R.S.A. 3008. The City Engineer shall also perform such other duties as may be prescribed by the City Manager or any applicable state or local laws or ordinances. Additions are underlined, deletions stFUEk t-hFeUgh. IN CITY COUNCIL JUNE 8, 2015 FIRST READING AND REFERRAL TO GOVERNMENT OPERATIONS COMMITTEE MEETING OF JUNE 15, 2015 " p - 4:,., XZI"460qq ' CITY CL IN CITY COUNCIL JUNE 22, 2015 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: BALDACCI, CIVIELLO, FAIRCLOTH, GRAHAM, PLOURDE, SPRAGUE, BLANCHETTE, DURGIN COUNILORS VOTING NO: NONE PASSED DE UTY CITY CLERK