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Home My WebLink About2012-01-23 12-069 ORDINANCECOUNCIL ACTION Item No. 12 069 Date: January 23, 2012 Item/Subject: Ordinance, Amending the Code of the City of Bangor, Chapter 9, Section 9-8, Chapter 28, Section 28-50, Chapter 28, Section 28-63 (B), Chapter 33, Section 33-2, Chapter 140, Section 140-3 — Harbor Advisory Committee and Parks and Recreation AdvisoryCommittee Responsible Department: Legal Commentary: If approved this Ordinance amendment will move the supervision and oversight of the Harbor function from Public Works to Parks and Recreation. The purpose of this move is to promote and integrate the harbor function as a recreational amenity to the waterfront and downtown. Additionally, the Ordinance will eliminate the Harbor Advisory Committee and the current functions of that Advisory Committee will become additional functions of the Parks and Recreation Advisory Committee. The membership of the Parks and Recreation Advisory Committee will be increased from nine to eleven with at least one person having an interest and knowledge of recreational boating and one having a direct connection with the downtown community. This proposed amendment as been previously reviewed in a Council Workshop Session. Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Passage x First Reading Referral Department Head Page _of_ Finance Director City Solicitor 12 069 January 23, 2012 Assigned to Councilor - Blanchette CITY OF BANGOR 9's ti `o p Egg � TED, E (TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 9, Section 9-8, Chapter 28, Section 28-50, Chapter 28, Section 28-63 (B), Chapter 33, Section 33-2, Chapter 140, Section 140-3 - Harbor Committee and Parks and Recreation Advisory Committee NOW, THEREFORE, BE FT ORDAINED BY THE CITY COUNCIL_ OF THE CITY OF BANGOR THAT, Chapter 9, Section 9-8 of the Code of the City of Bangor be amended as follows: §9-8. Standing committees. A. Unchanged. B. Unchanged. C. Unchanged. 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, harbor, and administrative services. (2) Unchanged. (3) Unchanged. (4) Unchanged. E. Unchanged. 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, harbei�, the Sewer Fund, to include user fees and rates, and all matters related to stormwater management and funding. (2) Unchanged. (3) Unchanged. 12 ass (4) Unchanged. (5) Unchanged. (6) Unchanged. G. Unchanged. H. Unchanged. BE IT FURTHER ORDAINED BY THE CITY OF BANGOR THAT, Chapter 28, Section 28-50 of the Code of the City of Bangor be amended as follows: §28-50. Parks and Recreation Advisory Committee. In accordance 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 nine eleven persons who shall be appointed by the City Council, at least two of whom shall be appointed to represent the users of the Bangor Municipal Golf Course, gt ! n hgving an intemg andknow!knowlgdge gf recreational boating 51ndn having a dj= gonnection with the downtown in= commuriLly. The City Planner and a member of the City Council appointed annually by the Chair of the Council shall serve as ex officlo members of the Advisory Committee. A. Unchanged. B. Functions of the Parks and Recreation Advisory Committee. It shall be the function of this Committee to hold regular meetings and to 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. The Committee shall also make an annual report and recommendation to the City Council regarding the need, if any, for new recreational facilities in the City of Bangor, to include capital development, redevelopment and maintenance needs with respect to existing facilities. The ComMittee shall annuolly review andh iCouncil committee f fees for guest moorings. l2rivatemoorings n float use, recommendo for further developmgnt andImprovement fharbor activities, andIn viw boating activiti within the overall had2or jurisdiction, The CoMmittee'sI rel2g[t shall inclUde an outlinei activities reoardina the City Harbor durina the Drecedino twelve-month oeriod. C. Unchanged. BE IT FURTHER ORDAINED BY THE CITY OF BANGOR THAT, 12 069 Chapter 28, Section 28-68 of the Code of the City of Bangor be amended as follows: §28-48. Powers and duties. It shall be the function of this Department: A. Parks and public places. To plan, operate and maintain all parks and public places to increase safety and preserve the symmetry and beauty of such parks and public places. B. Organize a municipal recreation program. To promote, organize and supervise a comprehensive municipal recreation program and administer the same in the interest of the entire community. C. Supervise playgrounds, swimming pools, etc. To supervise the recreational use of parks, playgrounds, play fields, recreation centers, swimming pools, ball diamonds and such other recreational areas and facilities as may be available to carry out the city's recreation program. D. Conduct cultural and social activities. To conduct and supervise all forms of recreational, cultural or social activity that will employ the leisure time of the citizens In a wholesome and constructive manner. E. Supervise operation of the Bangor Municipal Golf Course. To operate and supervise recreational use of the Bangor Municipal Golf Course, including the establishment of appropriate policies relating to green fees, membership charges, scheduling, dates and hours of operation and promotion. BE IT FURTHER ORDAINED BY THE CITY OF BANGOR THAT, Chapter 28, Section 28-63 of the Code of the City of Bangor be amended as follows: §28-63. Divisions. There are hereby authorized and established the following divisions and agencies within the Office: A. Unchanged. B. Public Works Division. It shall be the function of the Public Works Division to 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 to be responsible for and eveFsee the opeFation and maintenanee of the city's harbe and wharves. For purposes of performing such functions, the Public Works Division shall be organized in such subdivisions as the City Manager may deem advisable from time to time. C. Unchanged. BE IT FURTHER ORDAINED BY THE CITY OF BANGOR THAT, Chapter 23, Section 33-2 of the Code of the City of Bangor be amended as follows: 12 069 §33-2. Definitions. As used in this code, the following terms shall have the meanings indicated., BOARD -- Unchanged. BOARD MEMBER -- Unchanged. BUSINESS -- Unchanged. CITY COUNCIL -- Unchanged. CITY COUNCILOR -- Unchanged. CITY EMPLOYEE -- Unchanged. COMMISSION -- All committees, commissions or other public bodies now existing or hereafter created by virtue of any ordinance, order or resolve adopted by the Bangor City Council, including, without limitation, the following: A. Bangor Housing Authority Commission. B. Economic Development Advisory Commission. C. Firearms Discharge Committee. D. Harbor Gemmitteev ED. Historic Preservation Commission. FE. Nursing Facility Advisory Committee. OF. Parks and Recreation Advisory Committee. H9. Recycling Committee. COMMISSION MEMBER -- Unchanged. FINANCIAL INTEREST -- Unchanged. IMMEDIATE FAMILY -- Unchanged. PERSONAL INTEREST -- Unchanged. SPECIAL INTEREST -- Unchanged. BE IT FURTHER ORDAINED BY THE CITY OF BANGOR THAT, Chapter 143, Section 143-3 of the Code of the City of Bangor be amended as follows: §140 3. Halrbein Advisory Gernmittee; 12 069 - - - - - - - - --- - - - -- - - - - -- ._ _ IN CITY COUNCIL January 23, 2012 First Reading TY CLERK - I erim IN CITY COUNCIL February 13, 2012 Motion Made and Seconded to Amend item Vote: 3-6 Councilors Voting Yes: Baldacci, Gratwick & Longo Councilors Voting No: Blanchette, Durgin, Gallant, Hawes, Sprague & Weston Motion Made and Seconded for Passage Vote: 7-2 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gallant, Hawes, Sprague & Weston Councilors Voting No: Gratwick & Longo Passed inLE,) AM MING THE CODE OF TAF [`TTv OF N('OR MAPTFR 9 CF('TTnA 9-8('AAPTER 782 SECTIO N 28-63 (B) CHAPTER 33 SECTION 33-2 CHAPTER 140, SECTION 140-3 OM41TTEE AND PARKS AND RECREATION ADVISORY COM411TTEE Assigned to Councilor_ �� In w.P C o � �