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HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1821, Creating the Conservation Advisory BoardPage 1 of 3 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Natalie Meyer, Climate Protection Coordinator Anna Rosenberry, Finance Director Chris Kukulski, City Manager SUBJECT: Provisional adoption of Ordinance 1821: An ordinance of the City Commission of the City of Bozeman, Montana creating the Conservation Advisory Board, establishing its powers, duties and authority, and defining its membership, providing an effective date and codification instruction. MEETING DATE: November 7, 2011 AGENDA ITEM TYPE: Action Item RECOMMENDATION: Review and suggest changes, if necessary, to Ordinance 1821, creation of the Conservation Advisory Board. Through motion and vote, provisionally adopt Ordinance 1821 and direct staff to return to the Commission with changes, if any, for final adoption of Ordinance 1821 on November 21, 2011. BACKGROUND: On March 28, 2011, the Bozeman City Commission adopted the Community Climate Action Plan. The stated goal of the Community Climate Action Plan is to engage the Bozeman community in carbon reduction efforts that will create a healthy community, generate clean energy jobs, and save taxpayer dollars. Chapter 5 of the Community Climate Action Plan recommends that the City Commission establish a permanent Conservation Advisory Board (CAB) in 2011. According to the plan, the CAB should consist of leaders in local government, education, business, energy, transportation, and others in order to monitor Climate Action Plan programs, develop implementation strategies, and build coalitions and partnerships in the community. On August 8, 2011, the Commission held a policy discussion on potential implementation activities in Fiscal Year’s 12-15. On September 12, 2011, the Commission authorized a FY12 budget and work plan for implementation of the Community Climate Action Plan. The work plan includes a provision for the Commission to consider creating a permanent Conservation Advisory Board. 109 Page 2 of 3 In support of the specific recommendation in the CAP, we have prepared an Ordinance to Create a Conservation Advisory Board, and advertised for its first reading tonight, if the Commission is so inclined. Ordinance No. 1821, as presented, officially and formally creates the CAB. Should the Commission decide to provisionally adopt Ordinance 1821, City Staff will immediately begin to recruit community members for the seven-member Conservation Advisory Board. Applications to fill these positions would be due on November 28, 2011, and the City Commission would appoint CAB members on December 12, 2011. Under the Ordinance, meeting dates and times will be established by the members of the Conservation Advisory Board. The CAB will be granted authority to exercise any of the following powers and duties: 1) Advise the City commission on climate change and conservation issues. 2) Review the implementation of the City of Bozeman Climate Action Plans and provide related recommendations. 3) Adopt by laws, subject to the approval of the City commission, for the operation of the CAB. 4) The CAB may have such other duties and responsibilities as the City commission, from time to time, may direct. 5) The actions of the CAB shall be advisory only and shall not constitute policy of the City and shall not be binding upon the City commission or the City. 6) The City may adopt all or any part of any recommendation of the CAB, with or without any changes made by the City commission as City policy. 7) The board and members do not have authority to enter into contracts, authorize purchases, or expend public monies. All contracts shall be approved by the City commission and expenditures authorized by the City commission in the annual budget shall be approved by the Director of Finance as subject to the City’s purchasing policies. ALTERNATIVES: The City follows the advisory board model to facilitate public involvement in dozens of areas. To that end, existing advisory boards already focus on many of the topics outlined in our adopted Climate Action Plans, particularly the Bicycle Advisory Board, the Transportation Coordinating Committee, and the City-County Board of Health. The issue of Citizen Advisory Boards, in general, has been discussed on numerous occasions in the past few years; difficulties getting the required number (quorums) of citizens to serve, the number of Boards requiring Commission attendance (liason duties), staffing for meeting preparations and minute taking, and whether they are an effective platform for citizen participation and engagement. Because of the importance of this issue and the broad nature of the subject matter, it may be worthwhile to consider trying a different model for public involvement that would engage citizens, as well as existing advisory board members, on the specific issues and projects that need to be addressed. This model would not rely on another formally appointed board, but would seek to engage citizens to come together around specific activities in the Climate Action Plan – such as the “Idle-free Campaign.” Designating short-term working groups to address a specific project or issue that has been identified as a priority would provide a forum for meaningful public involvement. There are several advantages to working with groups that have a specific mission, timeline, and goal. It could save time for volunteers, encourage a high-level of focus and interest, and offer the flexibility to recruit the most qualified experts on a given topic. This model has been used on an ad hoc basis for topics such as the Chicken Ordinance, as well as the Medical Marijuana Ordinance. 110 Page 3 of 3 A Resolution to Form Temporary Working Groups for Climate Action Plan Implementation Should the City Commission wish to consider an alternative to the traditional citizen advisory board model, we would return to the Commission with a resolution on November 21, 2011 that would create temporary, topic-specific working groups for implementation of the adopted Climate Action Plans. The establishment of working groups would be based on the recommendations in our Climate Action Plans, as well as the Commission’s Annual Work Plan. As an example, the following working groups could be formed: 1. Bozeman’s Climate Outreach Working Group: Under the Community Engagement and Implementation (CEI1-5) recommendation, the working group would focus on the over-all Climate Plan branding effort and the development of education and outreach materials. A budget of $6,000 was approved for FY12. The group would attract those interested in developing the media and web-tools to promote our local energy conservation efforts. 2. Idle-free Education Working Group: Under the Transportation (TSP4) recommendation. The FY12 budget allocates $13,000 to development of an idle-free education campaign. This working group would come together to coordinate an outreach effort to help inform residents and visitors about the environmental, public health, and economic impacts of idling their vehicles. Next year, a working group may be considered for the 10% Energy Reduction Challenge for Residential and Commercial Buildings (RCB3) and the Five Cent Fee on Plastic Bags (WWR4). Under this scenario, working group members would not be appointed by the Commission, but participation would be open the public with an effort to recruit the appropriate experts. Volunteers would be asked to commit to no more than one year for a given project. Under this scenario, the Climate Protection Coordinator would provide general oversight for the Climate Action Plans and provide bi-annual progress reports to the City Commission and Planning Board. To maintain general interest in the Climate Action Plan, we would host an annual public workshop where staff and working group members would present progress reports, discuss challenges, and seek public input. Other Alternatives, as suggested by the Commission or the public, are welcomed. FISCAL EFFECTS: The fiscal effects of adopting Ordinance No. 1821 predominantly relate to the amount of time that will be spent by the Climate Protection Coordinator in staffing the Board meetings, and the advertising necessary to attract and appoint Board members. These costs can be accommodated by the existing FY12 budget in the Finance and City Clerk department. Attachments: Ordinance No. 1821 Report compiled on: October 27, 2011 111 ORDINANCE NO. 1821 Page 1 of 5 ORDINANCE NO. 1821 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA CREATING THE CONSERVATION ADVISORY BOARD, ESTABLISHING ITS POWERS, DUTIES AND AUTHORITY, AND DEFINING ITS MEMBERSHIP, PROVIDING AN EFFECTIVE DATE AND CODIFICATION INSTRUCTION . WHEREAS, on March 28, 2011 the Bozeman City Commission adopted the “Community Climate Action Plan”; and WHEREAS, Chapter 5 of the “Community Climate Action Plan” recommends the creation of a permanent Conservation Advisory Board to monitor programs, develop implementation strategies, and build coalitions and partnerships in the community; and WHEREAS, it is in the best interest of the City to implement this recommendation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That a new division in Chapter 2, Art. 5 of the Bozeman Municipal Code is hereby created and shall read as follows: “DIVISION 15. CONSERVATION ADVISORY BOARD” Sec. 2.05.2700. Purpose and Intent. The intent of this division is to provide for the creation of a conservation advisory board to consist of community and conservation leaders, and others, for the purposes of advising the City commission and other City boards, committees and agencies on conservation issues and reviewing the implementation of the Climate Action Plans as adopted by the City commission. 112 ORDINANCE NO. 1821 Page 2 of 5 Sec. 2.05.2710. Creation; Powers, Duties and Authority; Membership. A. Creation; powers, duties and authority. The City commission creates the Conservation Advisory Board (CAB) and authorizes the CAB to exercise any of the following powers and duties: 1. Advise the City commission on climate change and conservation issues. 2. Review the implementation of the City of Bozeman Climate Action Plans and provide related recommendations. 3. Adopt by laws, subject to the approval of the City commission, for the operation of the CAB. 4. The CAB may have such other duties and responsibilities as the City commission, from time to time, may direct. 5. The actions of the CAB shall be advisory only and shall not constitute policy of the City and shall not be binding upon the City commission or the City. 6. The City may adopt all or any part of any recommendation of the CAB, with or without any changes made by the City commission as City policy. 7. The board and members do not have authority to enter into contracts, authorize purchases, or expend public monies. All contracts shall be approved by the City commission and expenditures authorized by the City commission in the annual budget shall be approved by the Director of Finance as subject to the City’s purchasing policies. B. Members; appointments and terms; vacancies; City commission liaison; composition; removal. 1. All appointments to the CAB shall be made by the City commission. 2. Members of the CAB shall be community and conservation leaders representing diverse interests and backgrounds. 3. Membership. There shall be seven members of the CAB and there shall always be at least five but not more than seven members of the CAB, amendable from time to time by duly approved resolution of the City commission. The terms of the initial seven members shall be as follows: One member to serve for one year, two members to serve for two years, two members to serve for three years and two to serve for terms of four years from the date of their appointment. After initial terms, members shall serve three year staggered terms. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. 4. The City commission shall affirm one City commissioner to act as non-voting liaison between the CAB and the City commission. 5. A member shall receive no compensation for the member's service. Members shall be entitled to previously authorized expenses, including travel expenses incurred during the discharge of duties. 113 ORDINANCE NO. 1821 Page 3 of 5 6. Persons of legal age may be appointed to the CAB. A majority of the board shall be residents of the City. Nonresident members shall have a demonstrated substantial interest in the City by virtue of full time work or study in the City or owning property in the City. 7. A board member may be removed by a majority vote of the City commission for any reason. C. Office of agency; staff support. The CAB shall maintain its records in the office of the City staff person designated to assist the board in accordance with the City’s records information management program. The staff person so designated shall attend most meetings of the board and will be responsible to assist the board in the scheduling of meetings, preparation and distribution of agendas and meeting minutes, and perform other supportive functions that may be considered reasonable in the execution of the duties of the CAB. The staff person may also serve as the liaison between the CAB, the city manager and the City commission. D. Meetings; election of officers; rules of procedure. 1. The CAB shall hold meetings as it deems necessary to execute its powers and duties as provided in this section. 2. The CAB may elect officers and establish regular meeting times. 3. Upon adoption by the City commission of model rules of procedure, the CAB shall conform such model rules to the CAB’s powers and duties. E. Duration. The CAB shall remain in effect as long as necessary to achieve the purposes and intent as stated in 2.05.2700. F. State and local law applicable; City code of ethics. All CAB activities and members are subject to all other provisions of State law and this Code, including article 3, division 4 of this chapter, pertaining to the code of ethics. G. Open meetings; public records; websites and social media. All meetings of the CAB shall be subject to the state's open meeting laws and may not be held with less than 48 hours' notice. An agenda must be published for each meeting. All written and electronic communication and information developed by the CAB may be considered a public record and subject to disclosure pursuant to State law. Any web or social media site developed by the CAB to conduct CAB business shall be served by the City’s Information Technology Department and subject to the City’s Information Technology and public record policies. 114 ORDINANCE NO. 1821 Page 4 of 5 Section 02 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 03 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 04 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 05 Codification. This Ordinance shall be codified at as indicted in Section 01. Section 06 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 115 ORDINANCE NO. 1821 Page 5 of 5 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 201_. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY 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 ___ of ____________________, 201_. The effective date of this ordinance is __________, __, 2011. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 116