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Home My WebLink About10 06 08_Finally adopt Ordinance No_ 1748 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager SUBJECT: Ordinance No. 1748, Amending Chapter 2.96 Bozeman Senior Citizens’ Advisory Board of the Bozeman Municipal Code. MEETING DATE: October 6, 2008 RECOMMENDATION: Finally adopt Ordinance No. 1748, Amending Chapter 2.96 Bozeman Senior Citizens’ Advisory Board of the Bozeman Municipal Code. BACKGROUND: In order to update its membership, duties, and responsibilities in Chapter 2.96 of the Bozeman Municipal Code and be able to adopt up-to-date bylaws, the Senior Citizens’ Advisory Board has been working with the City Clerks’ Office and the Legal Dept. Since Ordinance No. 1521 (adopted in August 2000) established the creation of this board and established its duties and responsibilities, a new ordinance had to be drafted in order to make changes to the BMC. Ordinance No. 1748 incorporates these desired changes. On Monday, September 8, 2008 the majority of the City Commission gave three thumbs up during FYI to place this on the agenda for discussion. On Monday, September 15, 2008 the City Commission provisionally adopted Ordinance No. 1748. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, __________________________________ ___________________________________ Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager 69 Attachments: Ordinance No. 1748 Senior Citizen’s Advisory Board Memo 70 ORDINANCE NO. 1748 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT CHAPTER 2.96 BOZEMAN SENIOR CITIZENS’ ADVISORY BOARD OF THE BOZEMAN MUNICIPAL CODE BE AMENDED TO EXPAND THE MEMBERSHIP OF THE BOZEMAN SENIOR CITIZENS’ ADVISORY BOARD AND MODIFY THE BOARD’S DUTIES AND RESPONSIBILITIES. WHEREAS, the Bozeman Senior Citizens’ Advisory Board was created under Commission Resolution No. 2782, adopted by the City Commission at its regular meeting held on the 27th WHEREAS, on the 7 day of August 1990; and th WHEREAS, the City Commission desires to amend Chapter 2.96 of the Bozeman Municipal Code in order to increase the board’s membership from five to seven members and to separate the board’s duties and responsibilities from the Bozeman Senior Center. day of August 2000, the City Commission adopted Ordinance No. 1521, adding Chapter 2.96 Bozeman Senior Citizens’ Advisory Board to the Bozeman Municipal Code, providing for the creation of a Bozeman Senior Citizens’ Advisory Board and establishing the duties and responsibilities thereof; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: That Title 2, Chapter 2.96 of the Bozeman Municipal Code be amended to read as follows: Section 1 "2.96 Bozeman Senior Citizens’ Advisory Board 2.96.010 Creation The City Commission of the City of Bozeman shall appoint a Bozeman Senior Citizens’ Advisory Board, and designate the Bozeman Senior Citizens’ Advisory Board to act as the advisory 71 board to the City Commission on matters relating to senior citizen issues. and on matters relating to the operation and management of the Bozeman Senior Citizen Center Building and Grounds located at 807 North Tracy Avenue, Bozeman, Montana 2.96.020 Membership - Meetings . A. The Bozeman Senior Citizens’ Advisory Board shall consist of five seven members, appointed by the City Commission. Members shall not hold voting positions concurrently on the Bozeman Senior Citizens’ Advisory Board and on any of the following: the Bozeman Senior Center Board of Directors, or the board of any other agency housed within the Bozeman Senior Citizen Center. Unless prohibited by the bylaws, each member may be reappointed without limitation on the number of reappointments. Members of the Bozeman Senior Citizens’ Advisory Board shall serve two-year staggered terms. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. B. In addition to the voting members, one (1) individual and one alternate from the Bozeman Senior Center Board of Directors may be appointed to serve as a liaison to the Bozeman Senior Citizens’ Advisory Board. Additionally, one (1) individual and one (1) alternate may be appointed to serve as a liaison representing the interests of all other agencies which have as their place of business the Bozeman Senior Citizen Center. All liaisons will be advisory only and, therefore, will not be allowed to vote on the Bozeman Senior Citizens’ Advisory Board. C. Upon request by any agency which has as its place of business the Bozeman Senior Citizen Center including, but not limited, to the Bozeman Senior Center Board of Directors, the Bozeman Senior Citizens’ Advisory Board may appoint one (1) individual to serve as an ex-officio, non-voting member to the requesting agency. However, these individuals shall 72 - 3 - not be allowed to vote on any agency, board or similar entity while serving as a member of the Bozeman Senior Citizens’ Advisory Board. D. B. A minimum of four five members shall reside within the city limits of Bozeman. Nonresident members of the Bozeman Senior Citizens’ Advisory Board shall 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. E. C. The City shall pay only the expenses of the Bozeman Senior Citizens’ Advisory Board which have been authorized by vote of the City Commission prior to said expense being incurred. Members shall serve without compensation for their time and services. F. D. Meetings of the Bozeman Senior Citizens’ Advisory Board shall be conducted in accordance with all applicable rules and regulations of the City of Bozeman and the adopted bylaws of the Board. 2.96.030 Duties and Responsibilities The Bozeman Senior Citizens’ Advisory Board shall have the following duties and responsibilities: A. Senior citizen issues. The Bozeman Senior Citizens’ Advisory Board shall make recommendations concerning all pertinent issues regarding the health, welfare, and quality of life for all senior citizens in the Bozeman area. In order to do this, the Bozeman Senior Citizens’ Advisory Board must work closely with all other agencies located in Gallatin County whose primary concern is senior citizen issues. The Bozeman Senior Citizens’ Advisory Board will make presentations to the Commission, the City Manager, or his designee regarding these issues and their recommendations, if any, regarding these issues. B. Bozeman Senior Citizen Center Building and Grounds. The Bozeman 73 - 4 - Senior Citizens’ Advisory Board shall have the responsibility to review and analyze the operation and management of the Bozeman Senior Citizen Center Building and Grounds located at 807 North Tracy Avenue, Bozeman Montana, specifically: 1. The Bozeman Senior Citizens’ Advisory Board shall make recommendations to the City Manager or his designee concerning the needs of the Bozeman Senior Citizen Center Building and Grounds including, but not limited to, the use, management, operations and rules of the Bozeman Senior Citizen Center Building and Grounds. These recommendations shall include but are not limited to any proposed or needed renovations or maintenance issues with the building and the grounds, rental charges and fees for the use of the building and the grounds; 2. Any dispute concerning the use or operation of the Bozeman Senior Citizen Center Building and Grounds may be appealed to the City Manager for final decision. 3. The Bozeman Senior Citizens’ Advisory Board, with the assistance of the Bozeman Senior Citizen Center Building and Grounds Director and the City Manager or his designees, shall prepare an annual budget request for operation of the Bozeman Senior Center Building and Grounds to be submitted to the City Manager not later than March 15 of each year. 2.96.040 Bozeman Senior Citizens’ Advisory Board - Authority The actions of the Bozeman Senior Citizens’ Advisory Board shall be advisory only and 74 - 5 - shall not constitute policy of the City and shall not be binding upon the City Commission or upon the City. The City may adopt all or any part of any recommendation of the Bozeman Senior Citizens’ Advisory Board, with or without any changes by the City Commission, as City policy." Repealer. Section 2 All resolutions, ordinances, and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Severability. Section 3 If any provisions of this ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Savings Provision. Section 4 This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, or proceedings that were begun before the effective date of this ordinance. Effective Date. Section 5 This ordinance shall be in full force and effect thirty (30) days after final adoption. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 15th day of September 2008. 75 - 6 - ___________________________________ KAAREN JACOBSON Mayor ATTEST: _____________________________________ STACY ULMEN City Clerk PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 6th day of October 2008. ___________________________________ KAAREN JACOBSON Mayor ATTEST: _____________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: ___________________________________ TIM COOPER Assistant City Attorney 76