HomeMy WebLinkAbout2000-12-11 01-58 ORDINANCEDate: December 11, 20M
Item/subject: Ordinance, Amending Chapter 9, Article 1, Section 9-8, Standing Committees,
and Other Sections of the Code Dealing with Council Committees for Purposes of
Implementing a Revised Committee Structure.
Responsible Department: City Council
The attached ordinance will revise the standing committee structure of the City Council.
This change has two primary purposes. First, it will align the Council Committee system
with the realigned City organization chart. Second, It will establish a Strategic Issues
Committee as a Committee of the Whole that will be assigned oversight of projects and
issues determined to be of significant Citywide Impact.
A memorandum outlining the proposed changes is attached for your review and
information.
Department Head
Manager's comments:.
Recommend approval.
aN Manager
Associated! Information: Ordinance, Memorandum
Budget Approval:
Finance Director
Legal Approval
CKY �tt
introduced for '
Passage
X First Reading page_of
Referral
01-58
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Rssigued [o Cowcllo[ Croele➢ Oe<enbe[ ll. 2000
ti 1 4
CITY OF BANGOR
(TITLE.) Ordinance, Amending Chapter 9, Article 1, Section 9-8, Standing Committees, And
Other Sections of the Code Dealing with Council Committees For purposes of Implementing A
Revised Committee Structure.
Chapter 9, Article 9-8 of the Code of the City of Bangor Is hereby repealed In its entirety and
replaced as follows:
§ 9-8. Standing committees. (Amended 12-11-1989 by Ord. No. 90-04; 6-8-1992 by Orel. No.
92-274; 8-10-1992 by Ord. No. 92-371; 6-10-19% by Ord. No. 96-265]
A. There shall be five standing committees of the City Council, to be known as the:
(1) Finance Committee.
(2) Government Operators Committee.
(3) Business and Economic Development Committee.
(4) Infrastructure and Development Support Committee
(5) Strategic Issues Commitee.
With the exception of the Strategic Issues Committee, each committee shall consist of
three to five members appointed by the Council Chair from the City Council
membership. The Strategic Issues Committee shall constitute a Committee of the
Whole. Committee members shall be appointed as soon as possible after the annual
election of the Council Chair. They shall serve teens 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
Strategic Issues Committee. Each committee shall meet at least once per mond. A
majority of the members appointed to a committee shall constitute a quorum. In the
absence of a quorum, any member or members of the Council, including the Council
Chair, who are present may temporarily serve as a member of the committee in order
to permit business to be conducted. 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.
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C. Finence Committee. The Finances 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;
(b). The amount to be expended under the contract Is covered by an existing
appropriation;
(c) The term of the contract Is far 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
longterm borrowings where such borrowings have previously been approved by
the City Council.
(4) Review and advisory comment th 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,
community and intergovernmental affairs, City Clerk, finarace, assessing, legal,
private schools, pensions, insurance, debt service, library, education and county
taxes.
(5) Upon recommendation of the City Manager, City Solicitor, Citv 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.SA. § 841, Subsection 3 not exceeding $1,500
per account.
(b) City claims and collection accounts not exceeding $5,000 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 rot exceeding $6,000.
D. Government Operations Committee. The Government Operations Committee shall have
the following duties:
(1) Review and advisory comment m the City Council regarding proposed Council
orders, ordinances, resolves or other Items relating to the following departments,
divisions and special appropriation accounts: police, fire, health and welfare, parks
and recreation, administrative services, Bangor City Nursing facility and golf course.
(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 ro exceed three years. All other such agreements shall require
approval by the City Council. The Committee shall not gram options for the sale of
land or buildings a finally authorize the sale of such facilities without poor approval
of the City Council.
(3) Review and approval of user fees for the golf course.
(4) Review and advisory comment to the City Council regarding applicants for positions
on city boards, commissions and committees on an annual basis or when vacandes
occur during the year.
(5) Review and advisory comment to the City Council concerning changes and
modifications to the qty's parking regulations and policies outside of the downtown
parking management area.
(6) Hear employee grievances as required by the City of Bangor Personnel Rules and
Regulations.
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, Bangor International Airport, Bass Park, economic development
fund and parking 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 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 optics for the sale of land or buildings or
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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 t0 the City Council concerning changes and
modifications to the city's pariang regulations and policies as they may affect the
downtown parking management area.
(6) Review and advisory comment on such other matters involving the Airport and
Bass Park Departments as may be referred to the Committee by the Council, the
Airport Director or the City Manager.
F. Infrastructure and Development Support Committee. The Infrastructure and
Development Support 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, and the sewer fund, to include user fees and rates.
(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 F(1) for terms no to
exceed three years. All other such agreements shall require approval by the Cloy
Council. The Committee shall no 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
General Fund and the Sewer Fund.
(4) Review and advisory comment too 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.
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(7) Review and advisory comment on such other matters involving the Departments
and Divisions listed in F(1) above as may be referred to the Committee by the
Council, the City Engineer or the City Manager.
G. Strategic Issues Committee. The Strategic Issues Committee shall have the following
duties and responsibilities:
(1) Establishing and/or modifying the City Council's short and long-term goals and
prorties, providing direction In City staff in furtherance of them, and monitoring
progress toward achieving them;
(2) Review and advisory comment to the City Council an proposed Council orders,
ordinances or resolves relating to Issues or projects determined to be of
substantial city-wide significance as referred to the Committee by the Council
Chair or City Manager,
(3) Review and advisory carnment to the City Council on orders, ordinances,
resolves, or other issues where anomer standing or special committee refers
such item to the Committee or where such other committee is unable to agree
on a recommendation.
BE IT FURTHER ORDAINED, THAT:
Chapter 28, Article II, Section 28-5(C) is hereby amended as follows:
C. Omer dutles. 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 Airport Gomm itree auamoriate Council Committee such plans,
standards or direcbves in the form of rules and regulations of the airport as provided in § 28-
48. In preparation of required security directives, the Airport Manager and the Police Chief
shall, far the safety of the traveling public cooperate to provide maximum protection against
hijacking, bomb explosions, bomb threats, civil disturbance, vandalism, property destruction or
other violence. The Manager shall also perform such other duties as may be prescribed by the
City Manager, the Director of the Office of Business and Economic Development or any
applicable federal, state or local laws or ordinances.
Chapter 28, Article II, Section 28-7 is hereby amended as follows:
§ 28-7. Leases. [Amended 11-24-1969]
The City Manager is hereby authorized to execute and deliver all leases of rentable land and
buildings within the confines of the airport, subject to the approval of the AirpertEammifree
appropriate Co 'I Committee or a majority thereof.
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Chapter 54, Article I, Section 541 is hereby amended as follows:
Chapter 260, Article R, Section 260-8.1(A) is hereby amended as follows:
A. On -premises signs shall be permitted in the ADD with a permit from the Code
Enforcement Office. On receipt of an application, the Code Enforcement Officer shall refer the
application to the approonate Council Committee for
written approval. No sign may be erected without written approval of the permit by the Airport
Committee.
Chapter 58, Article I, Section 58-3(B) is hereby amended as follows:
Chapter 140, Article I, Section 140.6(A)(2) Is hereby amended as follows:
(2) Each private mooring shall be assigned a number, which shall be displayed on the buoy
in permanent letters at least three inches high. All moorings shall be registered at the
Engineering Department each year prior to May 15, mid registration subject to the payment of
an annual fee established by the appropriate Council
mmi
Chapter 265 Section 265-1(E)(1) is hereby amended as follows:
(1) The CRy Engineer shall devise an application form which shall be approved by the City
appropriate Council Committee prior to its use. Each
application must be accompanied by a list of the current license plate numbers of all trucks
owned by the applicant which are to be used to haul waste to the PERC facility. The list shall
be kept up-to-date, and any changes must be reported Immediately th the City Engineer's
office. Troch with unregistered plates will not be permitted access to the PERC facility.
Chapter 265, Section 265-2 is hereby amended as follows:
Any commercial hauler who violates any provisions of 4 265-1 may receive a temporary
suspension of his or her license to haul within the City of Bangor if, In the opinion of the
Operations and Maintenance Director, the violation is considered to be a serious breach of the
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provisions of § 265-1. Upon notice to the commercial hauler of said temporary suspension, a
public notice of said suspension will be Issued and a hearing scheduled with the Gity Genne I
Man a pal Operations Gommitte aooroorlate Council Committee. If the Committee upholds the
decision of the Operations and Maintenance Director, then a penalty of $150 for each violation
shall be levied against the commercial hauler, with each day of violation considered to be a
separate offense. Said penalty shall be paid to the city prior to the reinstatement of the
license. In the event that a commercial hauler shall have violated the provisions of § 265-1 for
five days or more or on 10 or more separate occasions, the Ory Council shall have the right to
revoke any existing license and refuse to grant a license in the future.
Chapter 140, Article 1, Section 190-5(B) Is hereby amended as follows:
B. Cruise boats. The City Manager or his or her designee may authorize the use of all or
portions of the Boats by private cruise boats for the purpose of loading and unloading of
passengers for periods of three consentive days or less. Such use of the floats, as well as any
other commercial use, for periods of four or more days will be allowed only upon the approval
of the appropriate Council Commhtae. A
schedule of such activity, including the times of arrival and departure, shall be posted at the
float. Other boats shall not use the float in such a manner as to impede scheduled pulse boat
operations.
IB CITY COOBCIL
December 11, 2000
P1xet Heading
D 1 m
■
IN CITY CD®CIL
December 27. 2000
Motion far Passage Made and
Seconded
Vote: 5 yes. 3 absent
Councilors voting yes: Blanchettee.
Palmer. Robson, Tremble 6
vardamds
Councilors absent: Raldaecl.
Crowley 6 Parnbm
Passed
C C1.8gR
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ORDIBABCH
(TITLE,) e...adMnn Crtamter 9. erticle i.
Section 9-8. Standing Commttees, And Other
Sections of the code Dealing with Council
mp
RevisedarposeComittee Structure
Assigned to Councilor
01-M
November 22, 2000
To: Honorable Council Chair and Members of the City Council
Fr: Edward A. Barrett, City Manager
Su: Proposed Revision to Council Committee Structure
Pursuant to the conversations we have had regarding the City's organizational structure
and the desire to have the Council Committee structure reviewed in light of these
changes, I have prepared a revision to the Committee structure for your review. The
revised ordinance is attached.
In developing these revisions, I have been guided by a number of specifc principles or
objectives. These include:
• Aligning the Committee structure with the revised organization chart with its
emphasis on bringing together functions which are similar In order to improve
coordination and communication;
• The expressed desire of both Council and staff to develop an institutionalized
mechanism to allow the Council to deal with major substantive issues of City-
wide Import in a forum where routine issues do not become a distraction;
• Recognition of the time demands placed on both Council and staff by a
complex decision system which, at times, requires certain items to appear on
several committee agendas;
The attached proposal reduces the number of Council Committees from the current six
to fire, with one committee, Strategic Issues, structured as a Committee of the whole.
The following summarizes the changes that have been made on a Committee by
Committee basis.
Finance Committee
The Finance Committee is relatively unchanged in its role and function. The only major
addition is that this Committee will now handle formal Council actions initiated by the
Community and Intergovernmental Affairs Office where these items are not referred to
the Strategic Issues Committee.
Government Operations Committee
The Government Operations Committee generally reflects the duties of the current
Municipal Operations Committee with the following changes:
• Oversight of Engineering, Public Works, and the Harbor would be shifted from
this Committee to the new Infrastructure Committee;
The Committee would gain oversight over Administrative Services;
• We would clearly authorize this Committee W establish fees for the golf
course, a responsibility that it has traditionally done;
It would be assigned parking issues outside of the downtown development
district
• It would be designated as the committee to hear employee grievances.
Business and Economic Development Committee
This Committee would oversee the Community and Economic Development Committee,
Bangor International Airport, and Bass Park. Its goal would be to assist in our efforts to
integrate these areas of the organization into a single overall economic development
entity. It would also handle downtown parking issues. Planning, Code Enforcement,
and capital planning would be moved to the Infrastructure Committee.
The expansion of the oversight areas of this committee is one of Me two major changes
proposed by this revision and deserves some additional comments and discussion.
At first glance, it may appear that this Committee would be assuming a very significant
workload. At the same time, many of the major issues that will most likely be referred
to the Strategic Issues Committee originate in these areas. Among the issues most
likely to be elevated to the Strategic Issues Committee are: waterfront development,
the future of Bass Park, and domestic air service, issues which often compete with
routine business within the current system. In addition, a significant proportion of the
issues which now come before the Airport Committee or the Bass Park Committee are
often referred to either another standing Committee or the full Council in workshop
session. For example, many Airport projects first are reviewed by the Airport
Committee and then by Finance. This can be avoided in the future by referring such
items only to the Committee that has final approval authority. Similarly, all three
Committees frequently refer items to full Council workshops. In these instances, it
appears more appropriate to take them directly to the Strategic Issues Committee.
If we are committed to integrating these three departments, a single committee with
oversight would appear to be appropriate and supportive of this effort.
Infrastructure and Development Support
This committee would retain the current duties of the Sewer Committee. it would be
expanded to also Include engineering, public works, planning, and code enforcement.
It would also be assigned overall responsibility for capital planning.
This would build on the strong existing role of this Committee in regard to the Sewer
Fund and should allow for more time and attention to code, planning, and capital
issues.
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Strategic Issues Committee
The Strategic Issues Committee would operate as a Committee of the Whole. Its
primary responsibility would be to establish and modify the City's short and long term
goals and priorities and monitor our progress toward achieving them. It would also
review issues and projects deemed to be of substantial city-wide significance as
referred by the Council Chair or City Manager. Finally, it would deal with issues referred
to It by other standing committees when no recommendation can be reached or by
special committees where a dear reporting mechanism is currently lacking.
The charge of this committee Is to focus on large issues of significance. As a
Committee of the Whole, It will replace the current Council workshop system which
often is difficult to schedule or pressed for time. When a full Council workshop Is now
needed, it most often must be scheduled prior to a regular Council meeting which often
leads to numerous agenda items and limited time. I would propose that this Committee
meet twice a month on the off -Council week with additional pre -Council meetings when
needed.
By utilizing a Committee of the Whole on major issues, I anticipate that we will be able
to both reduce other Committee agendas (by direct referral to Strategic Issues) and
institutionalize time for major issues. It should help us avoid the current problems of
being rushed far tlme at current committees or shoehorning items into pre -Council
sessions.
Conclusion
I believe the attached proposal represents a good starting point for discussing the
current committee structure. In terms of the goals Identified above, it:
• Aligns the structure with the City's organization. Each of the Committees will
be staffed by one Director who will be responsible for agenda preparation
and follow-through and will further our desire for functional integration.
• Through the Strategic Issues Committee, we will institutionalize a mechanism
to insure that significant Council time can be devoted to city-wide priorities
and goals.
• It will better utilize Council and staff time by reducing duplication of effort at
the Committee level.
I look forward to your views and comments and to the opportunity to discuss these
proposals with you. Should you have questions or concerns, please feel free to contact
me.
Edward A. Barrett