HomeMy WebLinkAbout08-11-21 CAHAB Agenda & Packet MaterialsA.Call meeting to order at 8 a.m.
Via Webex:
https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?
MTID=e9971e14b9b7aceb9759b8a65624e9c67
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting
Via Phone:
This is for listening only if you cannot watch the stream or channel 190
• Call-in toll number (US/Canada): 1-650-479-3208
• Access code: 182 159 4833
B.Disclosures
C.Changes to the Agenda
D.Public Comment
Please state your name and address in an audible tone of voice for the record. This is the time for
individuals to comment on matters falling within the purview of the Committee. There will also be
an opportunity in conjunction with each action item for comments pertaining to that item. Please
limit your comments to three minutes.
E.Special Presentation
E.1 Impacts of board consolidation on the Community Affordable Housing Advisory Board (Fine)
F.FYI/Discussion
G.Adjournment
THE COMMUNITY AFFORDABLE HOUSING ADVISORY BOARD OF BOZEMAN, MONTANA
CAHAB AGENDA
Wednesday, August 11, 2021
For more information please contact Brit Fontenot, bfontenot@bozeman.net
This board generally meets the second Wednesday of the month from 08:00 am to 10:00 am.
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).
1
Memorandum
REPORT TO:Community Affordable Housing Advisory Board
FROM:David Fine, Economic Development Housing and Development Program
Manager
Brit Fontenot, Economic Development Director
SUBJECT:Impacts of board consolidation on the Community Affordable Housing
Advisory Board
MEETING DATE:August 11, 2021
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Recieve staff presentation and engage in questions and discussion.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:City staff has developed a High Performing Boards model. The purpose of
model is to create boards that function at a higher level. This work stems
from implementing goals of the City’s Strategic Plan priority 1.2.
Implementing a more standardized approach for board operations will
create increased efficiency and efficacy of board input, formalize and
streamline communications, and direct policy driven decision-making.
The City's adopted strategic plan outlines the rationale for board
consolidation:
“1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.” This policy statement contains as an
implementing goal to: “Enhance City Committees and Advisory Boards -
Restructure or combine City boards and committees to more effectively
advise the City and engage the public.” In addition, this policy calls for
creating a Standard Boards and Commission Onboarding and Education
Process to increase education for boards, advisory boards, and the zoning
commission.
It is recommended that the Community Affordable Housing Advisory Board
(CAHAB) be consolidated with other boards into the Economic Vitality
Board. The City Commission will hold a public hearing on this topic on
Tuesday, August 10, 2021. The meeting begins at 6 pm. Please go to the
2
City's website to view the agenda and packet materials for more
information.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Attachments:
Attachment 1
Board_Consolidation_Proposal_Staff_Memorandum_May_25__2021.pdf
Attachment 2 Consolidated Boards - edits 6.22.21.pdf
Attachment 3 Final Consolidated Boards Slide VISUAL.pdf
Report compiled on: August 4, 2021
3
Commission Memorandum
Board Consolidation Proposal Memo (May 25, 2021) -1-
REPORT TO:Honorable Mayor and City Commission
FROM:Jeff Mihelich, City Manager
Greg Sullivan, City Attorney
Jen Giuttari, Assistant City Attorney
Melody Mileur, Communications Director
Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Direction to the City Manager on Moving Forward with Consolidation of
City Boards to Align with the City’s Adopted Strategic Plan
MEETING DATE:May 25, 2021
AGENDA ITEM TYPE:Work Session
RECOMMENDATION:City Staff seek authorization from the City Commission to begin
drafting amended Resolutions and Ordinances for the Commission’s consideration in August,
2021.
STRATEGIC PLAN: “1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from the community and
stakeholders.” This policy statement contains as an implementing goal to: “Enhance City
Committees and Advisory Boards - Restructure or combine City boards and committees to more
effectively advise the City and engage the public.” In addition, this policy calls for creating a
Standard Boards and Commission Onboarding and Education Process to increase education for
boards, advisory boards, and the zoning commission.
SUGGESTED MOTION: I move to request the City Manager present the Commission with
implementing ordinances and resolutions to consolidate city boards pursuant to the proposal
contained in the May 25, 2021 Staff Memorandum for Commission action in August 2021.
PROPOSAL:
4
Board Consolidation Proposal Memo (May 25, 2021) -2-
I.High Performing Board Model Creates Uniformity and Consistency in the Execution
of a Board’s Duties.
The City Clerk’s Office is developing a High Performing Boards model for Commission approval
with the purpose to create boards that function at a higher level. This work stems from
implementing goals of the City’s Strategic Plan priority 1.2. Implementing a more standardized
approach for board operations will create increased efficiency and efficacy of board input,
formalize and streamline communications, and direct policy driven decision-making.
A. GOAL: Increase efficiency and efficacy of advisory board input.
1.Membership is to be defined in clear terms, including member qualification
requirements, in the legislative creation of each board’s structure with limitations
including but not limited to:
Board members may only serve in one appointed position at a time;
Unless otherwise required by law, board membership will be limited to two terms;
The balance of an unexpired term served by an appointee shall be considered a
“complete term” if such unexpired term exceeds 50% of the full term;
Unless otherwise authorized or required by law, members of the consolidated board
must be residents of the City; and
All appointed terms will expire on June 30 of their given year.
2.Recruitment should consider how the City address diversity and inclusion goals.
Commission and staff are encouraged to actively recruit qualified members to apply.
Recruitment will occur in three methods:
Standing/open – Vacancies and instruction for application will be posted in the
lobby of City Hall and on the City website;
Biannual active solicitation period, as prescribed in the City Charter; and
As necessitated by vacancies.
3.Review of applicants will occur by a panel consisting of the assigned Commission
liaison, board chair, and staff liaison:
Commission liaison will be selected at biannual appointment period in January after
new Commission members are sworn in;
Board officers will be appointed by the City Commission (chair & vice-chair);
Staff liaison will be assigned by the City Manager; and
Interview questions will be more detailed than the standard application with a focus
on potential conflicts of interest, compliance with norms of conduct, including but
not limited to decorum, communications, and the concept of acting as a body with
one voice.
4.A formalized recommendation process will follow a designated timeline to shorten the
length of time from application to appointment.
5
Board Consolidation Proposal Memo (May 25, 2021) -3-
B. GOAL: Formalize and streamline communications betweenthe City Commission,the
boards, and the public.
1.The City Commission will communicate to the boards via policy decisions, two-year
Strategic Plan, work plans, and project approval;
2.The board must communicate to the Commission via minutes, work plans, progress
reports, or formal recommendations/resolutions voted on by the board;
3.Board chairs must communicate with the staff liaison on matters related to the board;
4.Board chairs must communicate with the commission liaison on matters related to
policy;
5.Board members must communicate to the Commission only when that member is
expressly authorized to speak on behalf of the board (one body, one voice principal);
6.Board members must only communicate the board’s final, formal recommendation to
the Commission (one body, one voice principal);
7.Exceptions to the communication channels will be limited to matters of scheduling;
8.Minutes of the boards shall be regularly provided to both the City Commission and the
public; and
9.City staff shall develop minutes that the board will review and approve.
C. GOAL: Policy driven decision-making.
1.Board officers shall be appointed every two years by the City Commission during a
regular meeting in July;
2.A board’s two-year work plan must align with the Commission’s adopted Strategic
Plan;
3.Established board members are encouraged to share their experience and knowledge
with new members;
4.Agendas will be created by the staff liaison with collaboration from the board chair and
provided to the City Clerk’s Office by noon on the Friday the week prior to the
scheduled meeting; and
5.Boards shall not appropriate money, except where expressly authorized by law.
D. GOAL: Create consistency, predictability, and stability by clearly defining
expectations, functions, and roles.
1.The City Clerk’s Office, the City Attorney’s Office, and the City Manager will draft a
norms policy to be modeled upon the City Commission’s norms as presented in
Resolution 5124 and create rules of procedure modeled upon the City Commission’s
as presented in Chapter 2, Article 2, BMC.
2.The City Clerk’s Office will provide a general onboarding and annual trainings on:
“Effective Meetings” - a training to be administered to all board officers;
6
Board Consolidation Proposal Memo (May 25, 2021) -4-
Boards procedures, process, and requirements, including but not limited to Robert’s
Rules of Order, records requirements, quorum and noticing requirements, use of
email, and expectations of members;
Initial ethics training, including handbook acknowledgement;
Annual ethics training – all board members are required to attend annual training,
either in-person or in such other fashion as the City Manager and City Attorney
may deem appropriate; and
Financial disclosure document when required.
3.Staff liaisons will provide subject matter expertise during onboarding, including but
not limited to:
Board purpose as outlined in enabling legislation;
Statutory requirements;
The current approved work plan;
Specific projects underway and/or recently completed, which are illustrative of the
board’s work; and
Typical items under purview of the board.
4.A six-month check-in process for new members will be created. Staff liaisons will take
the lead role in scheduling check-in with City Manager approval.
The six-month check-in will take place with Commission liaison, board chair, and
staff liaison; and
All onboarding and training requirements must be fulfilled with six months of the
appointment of any member.
E. Roles and Duties.
1.Commission liaison:
Selected during meeting in January following swearing in of Commissioners post-
election;
Actively recruit qualified members to fill vacancies;
Lead interviewer of applicants;
Primary contact on the City Commission for the board;
Assist resolution of questions about role of City Commission, City Manager, and
the board;
Establish contact with board chair and effectively communicate the role of the
liaison;
Provide procedural direction and relay City Commission’s position to the board,
and communicate to the board the liaison’s role is not to direct board;
Serve as contact rather than an advocate;
Review work plan and make recommendations to the City Commission regarding
the work plan;
7
Board Consolidation Proposal Memo (May 25, 2021) -5-
Identify and assist in resolution of any problems with functioning of the board; and
Assist training of new board and City Commission members by providing
suggestions and information to staff members responsible for providing training.
2.Board Chair:
Meeting facilitator;
Set tone – civility;
Be fair and impartial; and
Polite reminders – civility, germane, etc.
3.Board Members:
Support chair/staff’s efforts;
Model civil behavior;
Be prepared, attentive, and participate;
Follow rules of procedure and norms of behavior;
Wait to be recognized for turn to speak; and
Speak to the issue.
II.Proposed Board Consolidation Structure.
We propose the following consolidation structure:
A. Safe Community Board.
Safe Community Board members will understand that for our community to thrive, a healthy and
a safe environment – to live, work, and play – is critical. Safe Community Board members will
focus on pursuing initiatives that build trust and confidence amongst individual citizens,
community stakeholders, and the City of Bozeman. The Safe Community Board will consist of
seven board members who serve two-year terms.
The Safe Community Board will contain the current duties of the Police Commission, the Impact
Advisory Fee Committee, the Building Board of Appeals, and the Fire Board of Appeals. Due to
the particularized work of this board, as explained below, certain members of this board are
required by law to have specific qualifications.
1. Background and Required Qualifications of Current Board Members.
Impact Fee Advisory Committee. The City currently has four impact fees (fire,
water, sewer, and transportation) the Impact Fee Advisory Committee (IFAC)
advises on. Under the current structure, the Commission must appoint nine
members to IFAC. The current membership includes the City Engineer, the City
Finance Director, a certified public accountant, a builder, a land developer, two
citizens of the City not employed in the development industry, and two other
8
Board Consolidation Proposal Memo (May 25, 2021) -6-
members selected by the Commission. The City’s requirements follow former
Montana law. Now, Montana law only mandates at least one representative of the
development community serve on the IFAC. We recommend amending the
membership from nine to seven. Next, we recommend removing the requirement
for a certified public accountant, builder, and land developer and re-assign those
positions as citizen-at-large positions (except for the one position that must be a
designated representative of the development community). Finally, we recommend
the Commission remove the two City staff.
Building Board of Appeals.1 This board currently consists of five members who the
Commission appoints, and who must have experience and training on building
construction. City staff recommend amending the membership from five to three.
This means only three of the members appointed to the Safe Community Board will
be appointed to serve on the Building Code Board of Appeals.
Fire Board of Appeals.2 This Board currently consists of five members who the
Commission appoints, and who must have experience and training pertaining to
fire, explosions, hazardous conditions, or fire protection systems. We recommend
amending themembership from five to three.This means only three of the members
appointed to the Safe Community Board will be appointed to serve on the Fire
Board of Appeals.
Police Commission. Montana law requires the Police Commission to have three
members to hear and decide appeals brought by any member or official of the police
department who has been disciplined, suspended, removed, or discharged. The
current Police Commission does not serve as an advisory board on policy and
practices. This means only three of the members appointed to the Safe Community
Board will be appointed to serve as police commissioners.
2. Proposed Safe Community Board Composition.
We propose that the three of this board’s members be appointed to satisfy the qualifications
required by State law for both the building and fire code boards of appeal. Three other members
can be appointed to serve as the police commission. Finally, one member must meet the statutory
requirement for the impact fee committee (member of the development community).
1 The International Building Code requires the establishment of a “board of appeals.” The board of appeals “shall
consist of members who are qualified by experience and training to pass on matters pertaining to building construction
and are not employees of the jurisdiction.” The International Fire Code has a similar provision requiring members of
the fire code board of appeals to have certain qualifications.
2 Although Ord. 1444 relies on the Uniform Fire Code, in 1994 three codes, including the Uniform Fire Code, merged
to create the International Fire Code (“IFC”). The IFC is now the primary body that contains regulations to safeguard
life and property from fires and explosion hazards.
9
Board Consolidation Proposal Memo (May 25, 2021) -7-
State law requires the above-described qualifications for board members. Because of this, when
the Safe Community Board meets, staff will need to ensure the agenda clearly identifies the
statutory capacity in which the board is acting on any given item.
B. Sustainability Board.
Sustainability Board members will cultivate initiatives that enhance the social, economic, and
environmental livelihood of Bozeman citizens. By focusing on these three pillars, this board will
take a modern, holistic approach to sustainability. The Sustainability Board will be comprised of
seven board members who serve two-year terms. Sustainability Board members must commit to
maintaining, improving, and creating:
Social sustainability through the use of social initiatives, that include an intentional
commitment to diversity, equity, and inclusion, all of which will augment citizens’
quality of life;
Economic sustainability by promoting economic programs that enhance personal
and professional economic growth and viability in Bozeman; and
Environmental sustainability by maintaining and implementing appropriate
environmental initiatives that protect and conserve Bozeman’s natural resources
and ecological diversity.
The Sustainability Board will subsume the current duties of the Community Affordable Housing
Advisory Board (“CAHAB”), Economic Development Council (“EDC”), Beautification Advisory
Board (“BBAB”) (community clean-up work only)3, and Bozeman Climate Partners Working
Group. The boards proposed for consolidation into the Sustainability Board were all created by
the City Commission; as such, the Commission has sole authority to determine duties,
composition, and qualifications.
1. Background and Required Qualifications of Current Board Members.
CAHAB. This board currently consists of seven members. Currently, members
must include an individual from the real estate financing or sales industry, the
construction industry, an organization that supports low- and moderate-income
housing in the community, an organization providing services to low- and
moderate-income persons, a member of the public who has a demonstrated interest
in special needs housing, a member of the public certifying that they are a low- or
moderate-income person whose income does not exceed 115% AMI, and a
community member at large.
3 We propose the current functions of the BBAB be split between the Sustainability Board and Cultural Services
Board. The clean-up day functions of BBAB will be assumed by the Sustainability Board while the beautification
awards program will be assumed by the Cultural Services Board.
10
Board Consolidation Proposal Memo (May 25, 2021) -8-
Economic Development Council. Currently, this board is required to have a
maximum of seven members and a minimum of five members. There are five sitting
members and two vacant seats. Persons of legal age may be appointed to the
council. A majority of the council must be residents of the city. Nonresident
members of the council must have some interest in the City by virtue of working in
the City or owning property in the City.
Beautification Advisory Board. Currently, this board can have up to nine members.
Persons of legal age may be appointed to the board. A majority of the board must
be residents of the City. Nonresident members of the board shall have some interest
in the Cityby virtue of working in the City, owning property in the City, or entering
the City frequently for any lawful purpose.
Bozeman Climate Partners Working Group. No specific requirements.
2. Proposed Sustainability Board Composition.
As indicated in Appendix A, all seven board members will oversee the duties of the EDC4, and
Climate Partners Working Group. We propose eliminating specific membership requirements and
have all members of the Sustainability Board appointed at-large.
C. Parks and Open Lands Board.
Parks and Open Lands Board (“POLB”) members will share the ideals that trails, open lands, and
parks not only improve an individual’s physical and psychological health, but also strengthen and
foster the wellbeing of the community-at-large through an outdoor culture and lifestyle. Board
members will support actions that promote the use, preservation, and acquisition of greenspaces
and public lands. The POLB will have seven board members who serve two-year terms.
The POLB will incorporate the current duties of the Cemetery Board, the Recreation and Parks
Advisory Board (“RPAB”) (the parks and trails program function only)5, the Trails, Open Space,
and Parks Committee (TOPs)6; and the Bozeman Tree Advisory Board. The City Commission
established all the functions of the current boards proposed for consolidation into the POLB. As
4 During the development of enabling legislation we will adjust the current EDC duties to more clearly align with
the Strategic Plan.
5 RPAB’s functions will be divided between the new POLB and the Cultural Services Board. We propose the parks
and trails functions of RPAB are subsumed by POLB while the recreation programs are subsumed by the Cultural
Services Board.
6 The TOP Committee formed to advise the City Commission on the allocation of bond revenue from the 2012 Trails,
Open Space, and Park bond. While the TOP Committee’s duties are nearing completion since the majority of bond
revenues have been allocated, City staff propose including the functions of the TOP Committee into the Parks and
Open Space Board to ensure that the POLB will address any residual functions of the TOP Committee.
11
Board Consolidation Proposal Memo (May 25, 2021) -9-
detailed below, we propose to eliminate all existing member qualifications with all members to be
appointed at large.
1. Background and Member Qualifications of Current Board Members.
Cemetery. Currently, there must be seven members on this board. There are no
other specific qualifications required.
RPAB. This board can have a maximum of 14 board members. Currently, ten
members are appointed by the City Commission, with seven of these members
being city residents. The County may appoint up to three members and two
members must be either MSU or secondary school students.
Tree Advisory Board. This board currently has five members. Currently, the
enabling legislation indicates that whenever possible, two of the members are to be
from the following disciplines: real estate, commercial lending, civil or
environmental engineering, or landscape architecture or construction. Additionally,
members must also be residents of the city, own property within the city, or be
gainfully employed within the city.
TOP. Currently this board is required to have five members. The City Parks and
Recreation Director must also serve as an ex-officio member. As currently required,
all member must reside within the city limits of Bozeman and must have expertise
in areas such as finance, real estate, landscape architecture, public health, planning,
or law.
2. Proposed Parks and Open Lands Board Composition.
As indicated in the chart in Appendix A, we propose the seven members of the POLB cover the
functions and duties of the current Cemetery Board, Tree Advisory Board, TOP, and RPAB (park
and trail only). All members will be appointed at large with no specialized qualifications.
D. Transportation Board.
Transportation Board members will recognize a robust and reliable transportation system expands
a community’s economic vitality and livability. While working to remove barriers to
transportation, board members must be cognizant that doing so serves to increase citizens’ social,
economic, educational, and political engagement by facilitating easier access to essential,
community programs and services such as civic engagement, cultural, and service-learning
opportunities. The Transportation Board will contain seven members serving two-year terms.
The Transportation Board will encompass the current duties of the Bozeman Area Bicycle
Advisory Board (“BABAB”), the Parking Commission, Transportation Coordinating Committee
(“TCC”), and the Pedestrian and Traffic Safety Committee (“PTSC”). Pursuant to Montana law,
12
Board Consolidation Proposal Memo (May 25, 2021) -10-
the Commission must appoint at least five, but no more than seven, of the Transportation Board
members to the Parking Commission.
1. Background and Required Qualifications of Current Board Members.
BABAB. Currently there are only five members on this board. A majority of the
members must be residents of the City. Nonresident members must have some
interest in the City by virtue of working in the city, owning property in the City, or
entering the City frequently for any lawful purpose. In addition, members should
be knowledgeable of bicycling and/or traffic safety.
Parking Commission. Montana law requires the Parking Commission consist of not
less than five and no more than seven electors of the city.
TCC. Under the 2009 Memorandum of Agreement between the State of Montana,
the Montana Department of Transportation, the City, and the County, there are 20
members on this committee.
PTSC. There are currently eight members on this inter-agency committee. Two
members are appointed by the County, two members are appointed by the City, two
members are appointed by the Bozeman School District, and two member are
appointed by the majority recommendation of the members appointed by all three
governing bodies.
2. Proposed Transportation Board Composition.
As indicated in the chart in Appendix A, we propose that the seven members of the Transportation
Board fulfill the current duties of the Parking Commission, BABAB, and PTSC. State law requires
the Commission appoint “not less than five or more than seven” members to the Parking
Commission. Pursuant to 7-14-4609, MCA, the members of the Parking Commission must be
“electors” of the city; meaning, they must be qualified to vote in City elections. We propose having
all seven members of the Transportation Board serve as the Parking Commission. Because of the
qualifications required by State law for a parking commission all members of the Transportation
Board must be electors of the city. No other qualifications are proposed.
PTSC was created pursuant to an interlocal agreement with Bozeman School District and Gallatin
County. The TCC is also created pursuant to interlocal agreement.
After discussions with Gallatin County and the School District officials, we propose ending the
current interlocal agreement for the PTSC and having the role of the PTSC subsumed by the
Transportation Board. If Bozeman qualifies as a Metropolitan Planning Organization (“MPO”),
the MPO may, upon creation, assume the functions of the PTSC.
13
Board Consolidation Proposal Memo (May 25, 2021) -11-
For the TCC, we recommend the existing structure of the TCC remain because the committee is
made up of many members outside of the City’s control. In addition, if Bozeman qualifies as a
MPO, the MPO may, upon creation, assume the TCC’s functions. We recommend the
Transportation Board appoint two of its members to the TCC – the positions current filled by
members of the PTSC and Planning Board. All other current appointments will continue including
the positions occupied by City staff, a member of the City Commission, and the city resident
position.
E. Community Development Board.
Community Development Board members will influence the direction of our community’s growth
and development, with an emphasis on zoning, planning, design, and historic preservation. Board
members must be committed to supporting actions that will promote and improve the design and
planning of development of Bozeman while preserving the unique character of each of Bozeman’s
vibrant neighborhoods.
The Community Development Board will consist of seven members serving two-year terms and
include the current duties of the Bozeman Historic Preservation Advisory Board (“HPAB”), the
Bozeman Planning Board, the Zoning Commission, and the City-created Design Review Board
(“DRB”). Due to the particularized work of this board, certain members of this Board are required
by law to have specific qualifications.
1. Background and Required Qualifications of Current Board Members.
HPAB.7 Currently, by City ordinance, this Board must have seven members, all of
whom must have a demonstrated interest, competence or knowledge in historic
preservation. At least three members must meet the Secretary of the Interior's
professional qualification standards in the disciplines of history, planning,
archaeology, architecture, architectural history, historic archaeology, or other
historic preservation-related disciplines such as cultural geography or cultural
anthropology. In addition, the City Commission requires at least one member be
an architect holding state or national registration. This architect qualification is
not required by State law. Next, under the current HPAB structure, at least one
7 State of Montana guidelines for a historic preservation commission indicates the citizen positions “must have a
demonstrated interest, competence, or knowledge in historic preservation.” See Rolene R. Schliesman,The Montana
Certified Local Government Manual, at p. 14 (Mont. St. Historic Preservation Office 2005). In addition to the lay
members, the Manual requires at least three positions be “professional” – these positions must have “professional
expertise in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology,
or other historic preservation related disciplines such as cultural geography or cultural anthropology.” The City
Commission may appoint members not having these professional qualifications “if a reasonable effort was made” to
fill the positions. Please note State law does not require a fourth member to be an architect as currently required by
the municipal code.
14
Board Consolidation Proposal Memo (May 25, 2021) -12-
member must live in or own property in a Bozeman historic district. Finally, at
least four members must be at-large representatives who reside or own property
within the city limits.
City Planning Board. Pursuant to State law, a planning board must consist of at
least seven but no more than nine members. The four citizen members of the
Planning Board must be qualified by knowledge and experience in matters
pertaining to the development of the city, and shall not hold any other City office.
These four are appointed by the Mayor. The fifth member is appointed by the
Commission and this appointee does not need to meet the qualifications for a citizen
member. The sixth member is appointed by the City Commission from its own
membership. The seventh member is appointed by the County, who may be a
member of the board of county commissioners or an office holder or employee of
the county.
Zoning Commission. There are five members currently on the ZoningCommission.
State law does not prescribe specific qualifications for membership. We
recommend amending this to seven members.
DRB. The DRB is not required by State law. Currently, the DRB consists of six
professional and two nonprofessional members. Professional members must be
degreed in their respective disciplines and/or otherwise licensed or certified by their
respective professional authorities. The professional contingent must consist of
three architects and at least one architectural historian, and at least one landscape
architect or landscape designer. At least one of the professional members must have
demonstrated expertise in urban design. Nonprofessional members must be
individuals with an interest in, or knowledge of, urban design or historic
preservation. Presently, no member of the DRB may serve concurrently as a
member of the planning board or zoning commission. However, because of the
proposed structure of the Community Development board we recommendrepealing
this requirement.
2. Proposed Community Development Composition.
The Community Development Board has the most complex statutorily required appointment
qualifications of any proposed board. We propose the Community Development Board contain
seven members. To combine the duties and members of the current boards, we propose a specific
appointment structure to comply with the statutorily mandated qualifications and appointment
requirements.
Given the above, we propose the membership of the Community Development Board consist of
the following:
15
Board Consolidation Proposal Memo (May 25, 2021) -13-
Four citizen members appointed by the Mayor8 qualified by knowledge and
experience in matters pertaining to the development of the City and holding no
other office of the City. We propose three of these appointments meet the
professional requirements for the historic preservation board. The fourth of these
citizen appointees must have an interest, competence, or knowledge in historic
preservation but does not have to meet the professional qualification for historic
preservation.
The Commission will appoint one of its members as the fifth member. The City
Commissioner serving on this board must demonstrate an interest, competence, or
knowledge in historic preservation.
The sixth position will be appointed by the City Commission. This position does
not have to meet the qualification of a citizen member of a planning board, and may
be an employee of the City or hold other public office. This position must also have
an interest, competence, or knowledge in historic preservation.
The seventh member will be the County appointee. This position must also have an
interest, competence, or knowledge in historic preservation.
In total, the seven members of the Community Development Board must meet the legal
requirements for the Planning Board and HPAB since all seven members will serve also as the
Planning Board and the HPAB. In addition, we propose all seven serve as the Zoning Commission
resulting in the Zoning Commission having seven members rather than the current five. The
Zoning Commission would, under this proposal, include the City Commissioner and the County
appointee. City staff will continue to evaluate DRB’s duties and functions and whether they can
be more efficiently subsumed by the Community Development Board.
F. Cultural Services. Cultural Services Board members will recognize the importance of
enhancing and expanding the community’s access to cultural programs. In addition,
Cultural Services Board members will support public art and look forward to promoting
local artists, and strengthening education and learning opportunities in the community. The
Cultural Services Board has seven board members. We recommend all seven members
serve five year terms (see below).
The Cultural Services Board will include the current duties of the Bozeman Beautification
Advisory Board (awards) (“BBAB”), Library Board, and Recreation and Parks Advisory Board
(recreation programs – see footnote 3, above). The Cultural services board will also encompass a
new focus on art, as prioritized in The City’s Strategic Plan Priority 5.2. Due to the particularized
work of this board, certain members of this Board are required by law to have specific
qualifications.
8 See 76-1-221(d), MCA.
16
Board Consolidation Proposal Memo (May 25, 2021) -14-
1. Background and Required Qualifications of Current Board Members.
BBAB. The BBAB currently consists of up to nine members, all of whom the
Commission appoints. A majority of the BBAB must be residents of the City.
Nonresident members must have some interest in the city by virtue of working in
the City, owning property in the City, or entering the City frequently for any lawful
purpose.
Library Board. As required by Montana law, for a city to have a free public library,
the library must be administered by a board of trustees made up of five members.
All of the functions of the Library Board will exist within the new Cultural Services
Board.9 The Commission must appoint five members of the Cultural Services
Board to serve as the Library Board10.
RPAB. For a description of this board, see Parks and Open Lands Board section of
this Memorandum.
2. Proposed Cultural Services Board Composition.
As depicted in the Cultural Services Board chart in Appendix A, all seven board members will
assume the duties and functions of the current BBAB as well as provide advice on the recreation
programs currently under RPAB. Additionally, this board will have a new, added focus of art. As
required by State law, five members of the Cultural Services Board will serve as trustees of the
Bozeman Public Library – these members must serve for five year terms. Because of the five year
term requirement for members of the Library Board of Trustees we recommend all positions on
this board be appointed to five year terms.
III.Other Boards
During the process of aligning a proposed board structure to the Strategic Plan, we identified
several existing boards where it would be infeasible to combine a particular board’s functions into
one of the Strategic Boards. These boards include:
Two of the Downtown Bozeman Partnership’s three entities are City boards (Urban
Renewal and Business Improvement District).As such, we propose maintaining the
current structure of the Downtown Bozeman Partnership.
Midtown and North East urban renewal boards: We suggest at a future time
amending the current urban renewal plans to have the City Commission take on the
current functions of the Midtown and North East urban renewal boards. Currently,
9 When the Cultural Services Board meets, the five members appointed as the Library Board will also meet. An item
on the Cultural Services Board’s agenda will include “Library Board” actions.
10 Trustees of a library board hold their office for five years. 22-1-308, MCA.
17
Board Consolidation Proposal Memo (May 25, 2021) -15-
of the six urban renewal districts (not including Downtown), these are the only two
districts that have boards.
The Board of Ethics will remain independent.
The Inter-Neighborhood Council remains independent.
Audit Committee. Currently, there are five members of this committee including
two commissioners, a staff member, and two citizen members one of which must
be an accountant. We propose to eliminate the audit advisory functions.
NEXT STEPS: Staff recommends the following next steps:
During June and July 2021, Staff will draft ordinances and resolutions for
presentation to the Commission in August.
Assuming the Commission adopts the amended ordinances and resolutions, the
City will advertise the new board positions beginning in September with deadlines
for submitting applications at the end of September.
Candidate interviews will occur in October.
Board appointments will occur in November.
Appointments and board activities will commence December 1, 2021.
All existing board appointments will be rescinded effective December 1, 202111.
The first meetings of the boards will occur in time for the boards to meet prior to
the Commission’s priority setting when the new City Commissioners take office in
January 2022.
UNRESOLVED ISSUES: There are no identified unresolved issues at this time.
ALTERNATIVES:None suggested.
FISCAL EFFECTS: None.
11 We recommend the County appointee to the Planning Board remain in effect for the current term.
18
Consolidated Boards Independent Boards
Community Development
Planning
Zoning
Design Review Board (DRB)
Impact Fees
Library Board
Ethics Board
Inter Neighborhood Council (INC)
Downtown Urban Renewal District (URD)
All Other URDS combined
Transportation Coordinating Committee (TCC)
Historic Preservation Advisory Board (HPAB)
MAYORAL LIAISON:
Building Board of Appeals
Fire Board of Appeals
Police Commission
Other Direction:
Community Development and Transportation – TWO THREE YEAR TERMS
Urban Parks & Forestry, Sustainability, and Economic Vitality – TWO TWO
YEAR TERMS
Develop measurable metrics for diversity, equity, and inclusion on
boards
Change Community Development Board members to 9 total
Review plan in 2 years
Economic Vitality
Community Housing
Diversity, Equity, Inclusion
Economic Development
Sustainability
Recreation & Parks Advisory Board (Recreation)
Beautification
Climate
Urban Parks & Forestry
Tree
Cemetery
Recreation & Parks Advisory Board (Parks)
Transportation
Parking
Pedestrian Traffic Safety Committee (PTSC)
Bozeman Area Bicycle Advisory Board
19
Other Direction:
Community Development and Transportation – TWO THREE YEAR TERMS
Urban Parks & Forestry, Sustainability, and Economic Vitality – TWO TWO YEAR TERMS
20
40 Independent City Boards
Community
Develop-
ment
Economic
Vitality
Urban
Parks &
Forestry
Transport-
ation
Sustainab-
ility
Library Board
Ethics Board
Inter-Neighborhood
Council
Downtown Urban
Renewal District
Other Urban Renewal
Districts
Historic Preservation
Advisory Board
Transportation
Coordinating Committee
Fire Board of Appeals
Building Board of Appeals
Police Commission
5 Consolidated Boards 10 Independent Boards
21