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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 r 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 Chapter 9, Article 9-8 of the Code of the City of Bangor Is hereby repealed In its entirety and replaced as follows: § 9-8.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. a1-58 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 Or -58 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. 01-5a (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. O1-58 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 01-56 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 p 01-58 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. 01-58 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