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File #: 051188    Version: 0
Type: Ordinance Status: Passed
File created: 12/13/2005 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 1/18/2006
Effective date: 2/4/2006    
Title: An ordinance relating to standardization of language and minor revisions to various city boards, commissions and committees.
Sponsors: THE CHAIR
Indexes: ADMINISTRATIVE REVIEW APPEALS BOARD, AMBULANCE SERVICE BOARD, BOARD OF REVIEW, BUSINESS IMPROVEMENT DISTRICT 02, CHARTER SCHOOL REVIEW COMMITTEE, COMMITTEES, DEFERRED COMPENSATION PLAN BOARD, HISTORIC PRESERVATION COMMISSION, MAIN STREET PARTNERS BOARD, MILWAUKEE ARTS BOARD, MILWAUKEE COMMISSION ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT, SYMPHONY ORCHESTRA BOARD
Attachments: 1. Fiscal Note, 2. Notice Published on 2-3-06.PDF

Number

051188

Version

ORIGINAL                     

Reference

                     

Sponsor                     

THE CHAIR

Title

An ordinance relating to standardization of language and minor revisions to various city boards, commissions and committees.

Sections

75-15-2-a am

200-61-3-a-0  am

200-61-3-a-1 rc

245-12-3-c am

245-12.5 cr

245-14-1 rc

245-14-1.5 cr

307-4-1 am

308-81-3 rc

320-2 cr

320-4 cr

320-11-3-b rc

320-12-1 am

320-17-1-a-7 am

320-17-1-a-8 am

320-17-1-a-9 am

320-17-1-b am

320-17-1-c am

320-17-1-e rc

320-19-1 rc

320-20 cr

320-22-3-c rc

320-22-4-a rc

320-28 cr

320-37-1-0 am

320-37-2 am

320-41-4-a am

320-41-4-c rp

Analysis

This ordinance:

 

1. Revises various provisions of the code relating to certain boards, commissions and committees for purposes of clarifying language and eliminating obsolete provisions.

 

2. Requires that an authorized board, commission or committee member who wishes to appoint an alternate or a designee provide the city clerk in writing the name of the alternate or designee.

 

3. Codifies the transit stop technical subcommittee, which was created by resolution.

 

4. Makes various technical nonsubstantive changes to code provisions relating to boards, commissions and committees.

BODY:

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1. Section 75-15-2-a of the code is amended to read:

 

75-15. Ambulance Certification Regulations.

 

2. AMBULANCE SERVICE BOARD.

 

a. Establishment.  An ambulance service board is established consisting of the chair of the public safety committee of the common council, who shall serve as chair, the commissioner of health, the chief of the fire department, the medical director of the Milwaukee County Emergency Medical Services program, a designee of the Emergency Medical Services committee of the Medical Society of Milwaukee County, a designee of the Wisconsin Health and Hospital Association and a public member representing the interests of citizens who shall be appointed by the mayor and confirmed by the common council. [[The public member shall be appointed by the mayor within 60 days after commencement of a new common council term or within 60 days after a vacancy in the board position occurs, whichever is later.]]  >>Except for the public member and unless employed by the city, board members are not required to be city residents. The public member shall be appointed no later than 60 days after the third Tuesday in April in even-numbered years to a 2-year term expiring on the third Tuesday of April 2 years thereafter. When a vacancy occurs in the public member position the mayor shall make an appointment within 60 days after the vacancy occurs.<<

 

 

Part 2. Section 200-61-3-a-0 of the code is amended to read:

 

200-61. Architectural Review Board.

 

3. COMPOSITION. a. The board shall be composed of 7 members.  The members shall consist of one member of the historic preservation commission appointed by its chair; the commissioner of the department of neighborhood services or the commissioner’s designee; one member of the common council representing the district under sub. 2-e >>or the council member’s designee<<[[appointed by the president of the common council]], and 4 citizen members appointed by the mayor and confirmed by the common council.  A majority of the citizen members shall own or occupy property in the district.  Citizen members and the historic preservation commission member shall be appointed for terms of 3 years or until their successors are appointed and confirmed.  Members may be reappointed to succeeding terms.

 

 

Part 3. Section 200-61-3- a-1 of the code is recreated to read:

 

a-1. Members shall be appointed no later than 60 days after the third Tuesday in April in even-numbered years to  2-year terms expiring on the third Tuesday of April 2 years thereafter. When a vacancy occurs in a board position the appointing authority shall make an appointment within 60 days after the vacancy occurs.

 

Part 4. Section 245-12-3-c of the code is amended to read:

 

245-12. Special Privileges.

 

3. PROVISIONS.

 

c. Pay to the city treasurer the annual fee fixed by the special privilege board [[consisting of the mayor, commissioner of public works, and the city attorney.  The commissioner of neighborhood services shall act as secretary of such board]].

 

Part 5. Section 245-12.5 of the code is created to read:

 

245-12.5. Special Privileges Board. A special privileges board is established consisting of 3 members: the mayor, the commissioner of public works and the city attorney.  Any member may appoint a designee. The commissioner of neighborhood services shall act as secretary of the board. The special privileges board shall determine annual fees for special privileges grantees when fees are appropriate.

 

Part 6. Section 245-14-1 of the code is repealed and recreated to read:

 

245-14. Air and Subterranean Space Lease Structures. 1. There is created a committee on air and subterranean space lease structures composed of the following or their designees:

a. Commissioner of neighborhood services.

b. Commissioner of public works.

c. City engineer.

d. Planning director, department of city development.

e. City real estate agent.

 

Part 7. Section 245-14-1.5 of the code is created to read:

 

1.5. An assistant city attorney shall be assigned to the committee by the city attorney to provide legal advice for the conduct of the committee and the drafting of the necessary documents.

 

Part 8. Section 307-4-1 of the code is amended to read:

 

307-4. Board of Review.

 

1. CREATION. There is created a board of review under s. 70.46, Wis. Stats., consisting of 9 members appointed by the mayor for [[staggered]] 5 year terms and confirmed by the common council.  Members shall be city residents and may not occupy any public office or be publicly employed.  Members shall be compensated for their services as determined by the common council.

 

Part 9. Section 308-81-3 of the code is repealed and recreated to read:

 

308-81. Historic Preservation Commission.

 

3. MEMBERS. a. The commission shall be composed of 7 members. One shall be a registered architect; one shall be either an historian or an architectural historian, either interested in the field of historic preservation; one shall be a person experienced in either real estate development or real estate financing; one shall be a member of the common council and 3 shall be citizen members.  Each member shall have, to the highest extent practicable, known interest in preservation.  Members shall be appointed by the mayor subject to confirmation by the common council.  Members shall be appointed for terms of 3 years.

b. Members of the commission shall have been a resident of the city for at least one year immediately preceding appointment.  Members may be reappointed for succeeding terms and each member shall serve until his or her successor has been named and qualified.  Any member may be removed for just cause by the mayor upon notice and public hearing.  When any member is removed or resigns, or when a vacancy occurs, the mayor shall appoint a new member in the same manner prescribed in par. a. Commission members shall receive no compensation.

 

Part 10. Section 320-2 of the code is created to read:

 

320-2. Notification of Changes. Whenever a change occurs such as the resignation of a member or election of a new chair, staff responsible for the board or committee shall submit written notification of the change to the office of the city clerk within 5 working days.

 

Part 11. Section 320-4 of the code is created to read:

 

320-4. Alternates and Designees.  When an authorized board, commission or committee member names an alternate or designee, he or she shall notify the city clerk in writing of the person so named, and may change the named alternate or designee by notifying the city clerk in the same manner. Alternates may represent their respective members and exercise all powers of members when such members are unable to attend meetings.  Designees shall represent their respective members and exercise all powers of members at all meetings in the member’s stead.

 

Part 12. Section 320-11-3-b of the code is repealed and recreated to read:

 

320-11. Administrative Review Appeals Board.

 

3. BOARD CREATED.

 

b. Members shall be appointed no later than 60 days after the third Tuesday in April in even-numbered years to  2-year terms expiring on the third Tuesday of April 2 years thereafter. When a vacancy occurs in a board position the appointing authority shall make an appointment within 60 days after the vacancy occurs.

 

Part 13. Section 320-12-1 of the code is amended to read:

 

320-12. Arts Board.

 

1. CREATION. There is created an arts board consisting of 17 members appointed by the mayor for [[staggered]] 3-year terms and confirmed by the common council.  At least one member shall be selected from among the members of the common council, one member shall be selected from the membership of the Cultural, Artistic and Musical Programming Advisory Council and one shall represent the Milwaukee board of school directors.  A majority of the members shall be city residents.   No member may participate in any decision that would directly assist any organization to which the member belongs, except as a dues-paying member, or from which the member receives any benefit, except as a dues-paying member.

 

Part 14. Section 320-17-1-a-7 to 9, b and c of the code is amended to read:

 

320-17. Deferred Compensation Plan Board.

 

1. CREATION.

 

a-7. One management plan employee appointed by the mayor for a term of [[3]] >>2<< years.

 

a-8. One nonmanagement plan employee appointed by the mayor for a term of [[3]] >>2<< years.

 

a-9. One nonmangement plan employee appointed by the common council president for a term of [[3 ]] >>2<< years.

 

b. Members listed under par. a-1 to 6 may [[designate]] >>name<< designees [[, and must do so in writing to the city clerk’s office. Such designees may represent their respective principal members and exercise all powers of those members when such members are unable to attend board meetings]].

 

c. The following members [[must]] >> shall<< be members of the city’s deferred compensation plan at the time of appointment.

 

c-1. Members appointed pursuant to par. a-7 to 9 [[, commencing in 1998 when terms expire for such members]].

 

c-2. Designees of members listed under par. a-1 to 6 [[, commencing on April 7, 1998]].

 

Part 15. Section 320-17-1-e of the code is repealed and recreated to read:

 

320-17. Deferred Compensation Plan Board.

 

e. Members appointed pursuant to par. a-7 to 9 shall be appointed no later than 60 days after the third Tuesday in April in even-numbered years to 2-year terms expiring on the third Tuesday of April 2 years thereafter. When a vacancy occurs in a board position the appointing authority shall make an appointment within 60 days after the vacancy occurs.

 

Part 16. Section 320-19-1 of the code is repealed and recreated to read:

 

320-19. Main Street Milwaukee Partners Board.

1. There is created a main street Milwaukee partners board consisting of 9 members appointed for 3-year terms. One member shall be the chair of the community and economic development committee. Two members shall be appointed by the president of the common council.  Three members, one of whom shall be a community leader with community development experience and one of whom shall be a small business owner, shall be appointed by the mayor.  Three members shall be appointed by the local initiatives support corporation.  All members shall be confirmed by the common council except the chair of the community and economic development committee. A majority of the members shall be city residents, or own or operate a business located within the city of Milwaukee. No member may participate in any decision that would directly assist any organization with which the member is associated or from which the member receives any financial benefit.

 

Part 17.  Section 320-20 of the code is created to read:

 

320-20. Milwaukee Symphony Orchestra Board: City Membership.

 

1. The members representing the city of Milwaukee on the Milwaukee symphony board of directors on the effective date of this ordinance 2/4/06 shall serve until the third Tuesday of April 2008.

 

2. The mayor shall then appoint 3 persons, subject to confirmation by the common council, as city representatives to the Milwaukee symphony orchestra board of directors. Members shall be appointed no later than 60 days after the third Tuesday in April in even-numbered years to 2-year terms expiring on the third Tuesday of April 2 years thereafter. When a vacancy occurs in a board position the mayor shall make an appointment within 60 days after the vacancy occurs.

 

Part 18.  Section 320-22-3-c and 4-a of the code is repealed and recreated to read:

 

320-22. Milwaukee Commission on Domestic Violence and Sexual Assault.

 

3. COMPOSITION. c. Any member of the commission may name an alternate.

 

4. TERMS. a. Members shall be appointed no later than 60 days after the third Tuesday in April in even-numbered years to 2-year terms expiring on the third Tuesday of April 2 years thereafter. When a vacancy occurs in a board position the appointing authority shall make an appointment within 60 days after the vacancy occurs.

 

Part 19. Section 320-28 of the code is created to read:

 

320-28. Transit Stop Technical Committee. There is created a transit stop technical committee consisting of 3 members: the city engineer or his or her designee, a representative from Milwaukee Transport Services, Inc., and a citizen member appointed by the public works committee chair. The committee shall approve all locations for the receiving and discharging of passengers of common carriers. The citizen member shall be appointed no later than 60 days after the third Tuesday in April in even-numbered years to a 2-year term expiring on the third Tuesday of April 2 years thereafter. When a vacancy occurs in the citizen member position the appointing authority shall make an appointment within 60 days after the vacancy occurs.

 

 

Part 20. Section 320-37-1-0 and 2 of the code is amended to read:

 

320-37. Anti-graffiti Policy Committee.

 

1. COMPOSITION.  There is created an anti-graffiti policy committee consisting of 7 members >> serving 2-year terms<<:

 

2. DUTIES. The committee shall develop and monitor plans to coordinate citywide graffiti removal efforts with respect to residential, commercial and governmental entities; and programs designed to reduce >>the<< proliferation of graffiti.

 

Part 21. Section 320-41-4-a of the code is  amended to read:

 

320-41. Charter School Review Committee.

 

4. TERM OF OFFICE. a. Each appointed member shall serve at the pleasure of the appointing authority for a 3-year term, unless terminated earlier, or until his or her successor is appointed [[, except for those initial committee members whose terms are described in sub. c]].  Members of the committee may be reappointed.

 

Part 22. Section 320-41-4-c of the code is repealed.

 

Part 23. File Number 55-3709, adopted on March 7, 1956, is rescinded.

 

Part 24. File Number 78-1724-a, adopted on March 20, 1979, is rescinded.

 

Drafter

LRB: 05358-1

RAC

8/29/05