Boards/ Commissions
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Board of Public Works & Safety
MEMBERS:
ABOUT:
§ 32.06 BOARD OF PUBLIC WORKS AND SAFETY.
(A) Composition.
(1) The Board of Public Works and Safety shall be composed of the Mayor and two Mayoral appointees, and is within the Executive Branch of the city.
(2) The Clerk-Treasurer shall be the Clerk to the Board.
(3) The Board shall be the Chief Administrative body of the city, shall have control of the day-to-day operations of its executive departments, and shall perform all duties prescribed to it by law.
(`84 Code, § 2-15)
(B) Function.
(1) Role of Board. The Board is authorized to collect and dispose of all garbage and rubbish within the city.
(2) Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
GARBAGE. Shall include rejected food wastes, and every waste accumulation of animal, fruit or vegetable matter, used or intended for food, or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables.
RUBBISH. Shall include such matter as ashes, cans, metal ware, broken glass, crockery, dirt, sweepings, boxes, lumber, wood, grass, weeds, or litter or any kind.
(3) Rules and regulations. The Board is authorized, subject to the approval of the Common Council, to prescribe and promulgate regulations providing methods to be used in the storage, collection and disposal of all garbage and rubbish.
(4) Superintendent. The Board is authorized to appoint a Superintendent of Garbage and Rubbish Collection and disposal to supervise the collection and disposal. The Board is further authorized to employ all necessary labor and to procure all necessary vehicles and equipment and to purchase, lease, contract or rent real estate to properly administer the provisions of this section.
(5) Private contractors. In its discretion, the Board may ask for and accept bids from a private contractor for the handling of the service described in this section with bids to be advertised for and accepted in the manner now provided by law. In the event a contract is entered into, a contractor shall be subject to the regulations of the Board as to the manner and method of collection and disposal of garbage and rubbish, and no other private person, firm or corporation shall be permitted to furnish the service to the city.
(6) Charges. If the Board shall undertake to perform the service provided herein or to provide for service by contract with a private contractor, it is authorized to determine and fix a fair and reasonable charge to be made against owners, occupants or lessees, subject to the approval of the Common Council, and, by regulation, to establish a method of collection of charges.
(`84 Code, § 6-5) (Ord. 36, passed 8-24-53)
Statutory reference:
Board of Public Works and Safety in Third Class Cities, see I.C. 36-4-9-8
Specific powers of the City Works Board, see I.C. 36-9-6-1 through I.C. 36-9-6-24
Economic Developmet
MEMBERS:
ABOUT:
§ 32.01 ECONOMIC DEVELOPMENT COMMISSION.
(A) The Department of Development shall be under the control of the Economic Development Commission.
(B) The Commission shall consist of three members, one nominated by the Mayor, one nominated by the Common Council, and one nominated by the Adams County Council, with each to be appointed by the Mayor.
(C) The Commission shall carry out all of the powers and duties assigned to it by I.C. 36-7-12-1 through I.C. 36-7-12-37 as it may be amended from time to time.
(`84 Code, § 2-38) (Ord. 265, passed 6-10-80)
Plan Commission
MEMBERS:
ABOUT:
§ 32.02 PLAN COMMISSION.
(A) Established. A Plan Commission is established, consisting of nine members, which members of the Plan Commission shall be appointed as follows: the Common Council shall appoint three persons in the City Government as members. The Mayor shall appoint four citizen members, not more than two of whom shall be members of the same political party; and the County Circuit Court Judge shall appoint two members.
(B) Membership. The members of the Plan Commission appointed by the Common Council shall have terms coextensive with the term of office or position to which they had been elected or appointed. The citizen members of the Plan Commission shall be appointed for the following terms: two for a term of three years; two for a term of four years. The terms shall expire on the first day of January of the second, third, or fourth year respectively, following their appointment. Thereafter, as the terms expire, each new appointment shall be for a term of four years.
(C) Meetings. The Plan Commission shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July and October. The citizen and fringe area members of the Plan Commission shall be paid, for each meeting attended, a reasonable sum established.
(D) Powers and duties. The Plan Commission may formulate policies for the development of public ways, public places, public structures, and public and private utilities, may formulate policies for the issuance of improvement location permits on platted and unplatted lands, may formulate policies of the laying out and development of public ways and services to platted and unplatted lands, and shall have other powers and duties as specified in applicable state law, and specifically adopts the “Advisory Planning Law” as set forth in I.C. 36-7-4-100 et seq.
(E) Purposes. The purpose of the Commission is to plan for future development of the city, to plan for the orderly use and growth of highway, utility, health, educational, and recreational facilities, and to maintain and improve the present health, safety, convenience, and welfare of the citizens.
(`84 Code, § 2-39) (Ord. 94, passed 6-12-61)
Statutory reference:
City Plan Commission defined as a Municipal Plan Commission, see I.C. 36-7-1-12
Advisory Plan Commission defined as a Municipal Plan Commission, see I.C. 36-7-1-2
Authority of a Plan Commission to adopt a comprehensive plan for any part of the contiguous unincorporated area within two miles from
the corporate boundaries of the municipality, see I.C. 36-7-4-205
Park Board
MEMBERS:
ABOUT:
§ 32.03 PARK BOARD.
(A) Establishment. The Park Board shall be composed of seven members, as follows.
(1) Four citizen members, of whom no more than two may be of the same political party.
(2) One member who shall be a member of the Common Council.
(3) One member who shall be a member of the Tree Board.
(4) One member who shall be an officer of the Berne Little League.
(B) Selection of members.
(1) The Mayor shall select all members of the Park Board. Each appointment shall be made for a four-year term. All terms shall expire on the first Monday of January, but an appointee shall continue in office until a successor is appointed. If a vacancy on the Board occurs, the Mayor shall appoint a member for the unexpired term.
(2) Notwithstanding anything to the contrary, upon the initial establishment of a seven-member Park Board, the citizen members shall initially be appointed for the following terms of office.
(a) One for a term of one year to the first Monday of January, 1994.
(b) One for a term of two years to the first Monday of January, 1995.
(c) One for a term of three years to the first Monday of January, 1996.
(d) One for a term of four years to the first Monday of January, 1997.
(3) The remaining members shall initially be appointed until the first Monday of January, 1996.
(C) Organization of Board. At its first regular meeting in each year, the Board shall select a President and Vice-President. The Vice-President shall have authority to act as the President of the Board during the absence or disability of the President. The Board may select a Secretary either from within or without its own membership.
(D) Meetings of the Board. All meetings of the Board shall be public meetings. The Board shall fix the time and place of its meetings, the meetings being held at least quarterly. Special meetings may be called by the President of the Board or by any three Board members.
(E) Quorum. A majority of members shall constitute a quorum. Action of the Park Board is not official unless it is authorized at a regular special meeting by a majority of the entire membership of the Board.
(F) Powers and duties of the Board. The Park Board shall serve the Common Council in an advisory capacity. In its advisory capacity the Park Board may exercise the following powers and duties.
(1) To exercise general supervision of and recommend rules governing the use of Park and Recreational facilities by the public to the Common Council.
(2) To make recommendations and file an annual report to the Common Council concerning the operation of Park and Recreation Programs.
(3) To interview prospective custodians for Lehman Park and to recommend to the Common Council an appropriate contract for the custodian's services.
(4) To exercise any other powers and duties as authorized or directed by the Common Council.
(Ord. 405, passed 4-26-93)
Police Pension Board
MEMBERS:
ABOUT:
§ 32.04 POLICE PENSION BOARD OF TRUSTEES.
(A) Purpose. The Board of Trustees shall administer the Police Pension Fund.
(B) Compensation. The Board of Trustees shall be composed of three members: the Mayor, the Clerk-Treasurer, and the Chief of Police.
(C) Quorum. A majority of the Trustees shall constitute a quorum for the transaction of business pertaining to the Police Pension Fund.
(D) Compensation. The Trustees shall receive no pay for their services and shall be paid only their necessary expenses; provided that the Trustees, the Secretary, and each member of the police force so selected by the Board of Trustees shall be paid out of the fund their necessary traveling expenses when acting upon matters pertaining to the fund.
(E) By-laws. The Board shall have the power to make all necessary by-laws for meetings of the Trustees and all matters connected with the care, preservation and disbursement of the fund.
(F) Officers. The Mayor shall be the President of the Board, and the Clerk-Treasurer shall be its Treasurer. The Board shall select one of its members to act as Secretary, and the Secretary shall be paid out of the funds, the sum for his or her services as may be fixed by the Board of Trustees.
(G) Reports. The Secretary and Treasurer shall make full, true and accurate reports of their trust to the Board of Trustees on the first Monday in February of each year, copies of which report shall be filed with the Clerk-Treasurer.
(H) Deductions. The Board of Trustees shall have full charge and control of the Police Pension Fund and shall deduct from the salary of each patrolman 3% of the annual salary, which sum shall be deducted each month from the pay of each member of the Police Department. This percentage may be modified in conformity with any amendment to applicable Indiana laws.
(I) Insufficient funds. If, in the judgment of the Board of Trustees, the amount of money available for any year will be insufficient to pay benefits provided by law, the Trustees shall, prior to the date on which the budget of the city is adopted, prepare an itemized estimate in a form as shall be prescribed by the State Board of Accounts of the amount of money which will be receipted into and disbursed from the Police Pension find during the fiscal year next ensuing. Monies shall then be levied for those insufficient amounts to pay the benefits required by statute.
(J) Investments. The Board of Trustees shall determine how much of the fund may be safely invested and how much shall be retained for the needs, demands, and exigencies of the fund. Investments shall be made in interest bearing bonds of the United States of America, or the State of Indiana, or any municipal corporation of the State of Indiana, or any street, sewer or other improvement bonds of any city or town in this state. Investments shall be according to those investments permitted by statute.
(K) Benefits. The Board of Trustees shall pay benefits to disabled and retired policemen as provided by state statute as amended from time to time.
(L) State law. This section is enacted in conformity with applicable state law which may be amended from time to time.
(`84 Code, § 2-45) (Ord. 127, passed 6-14-65)
Tree Board
MEMBERS:
ABOUT:
§ 32.05 TREE BOARD.
(A) Establishment. There is hereby created and established a City Tree Board, which shall be composed of seven members, citizens and residents of this city, who shall be appointed by the Mayor. The Board shall function with the approval and guidance of the Mayor and the Common Council. Members of the Board shall serve without compensation.
(B) Term of office.
(1) Each appointment to the Tree Board shall be made for a three-year term. Appointees may serve 2 three-year terms of office on the Board. If a vacancy occurs during the term of any appointee, his or her successor shall be appointed for the unexpired term. The appointee would thereafter be eligible for 2 three-year terms on the Board after serving the unexpired portion of the term caused by the vacancy.
Notwithstanding anything to the contrary, upon the initial establishment of the Tree Board, the appointees shall initially be appointed for the following terms.
(a) One appointee for a term expiring on the first Monday of January, 1994.
(b) Two appointees for a term expiring on the first Monday of January, 1995.
(c) Two appointees for a term expiring on the first Monday of January, 1996.
(d) Two appointees for a term expiring on the first Monday of January, 1997.
(C) Organization. At its first regular meeting of each year, the Board shall select a President and Vice-President. The Vice-President shall have authority to act as the President of the Board during the absence or disability of the President. The Board may select a Secretary either from within or without its own membership.
(D) Meetings. All meetings of the Board shall be public meetings. The Board shall fix the time and place of its meetings, the meetings being held at least quarterly. Special meetings may be called by the President of the Board or by three members.
(E) Quorum. A majority of members shall constitute a quorum. Action of the Tree Board is not official unless it is authorized at a regular or special meeting by a majority of the entire membership of the Board.
(F) Powers and duties of the Board. The Tree Board is granted the following powers and duties by the Common Council as follows.
(1) Tree inventory. To establish and maintain a tree inventory for all trees on street rights-of-way, public parks and other public places.
(2) Planting of trees. To exercise general supervision over the planting of all trees located within street rights-of-way, public parks and other public places of the city. In exercising this supervision, the Board shall make certain that newly planted trees are watered, staked and mulched for at least three years. The Tree Board shall prepare and submit an annual report to the Common Council concerning any tree plantings and obtain approvals for plantings as the Council may require. In its supervision over the planting of trees, the Board shall be bound by the following specifications and requirements.
(a) Tree species. The Board shall develop and maintain a list of desirable trees for planting along streets in three size classes: small, medium and large. A list of trees not suitable for planting will also be created and enforced by the Board.
(b) Spacing. The spacing of street trees will be in accordance with the three species size classes listed above, and no trees will be planted closer together than the following: small trees, 25 feet; medium trees, 35 feet; and large trees, 45 feet; except in special plantings designed by a landscape architect.
(c) Utilities. No street trees may be planted within ten feet of any underground water line, sewer line, transmission line, fire hydrant, or other utility.
(d) Distance from curb and sidewalk. No trees may be planted closer to any curb or sidewalk than the following: small trees, 1½ feet; medium trees, 2½ feet; and large trees, 3 feet.
(e) Site selection. Trees shall not be planted within 30 feet of an intersection or 15 feet of driveways and alleys.
(f) Lehman Park. All new plantings of trees in Lehman Park shall be in coordination with the Park Board.
(g) Other new plantings. All new plantings of trees along street rights-of-way in cooperation with adjacent private property owners' suggestions and desires.
(3) Inspection of trees and written recommendations. To inspect all trees on street rights- of-way, public parks and other public places as often as necessary, to determine if they are subject to any infectious disease or insect problem, are dead or dying, obstruct street lights or street signs, interfere with the free passage of pedestrians or vehicles, or pose a threat to safety. To make recommendations at least annually to the Common Council and Street Department concerning trees on street rights-of-way, public parks and other public places which should be cut, trimmed, removed, sprayed, topped or otherwise treated.
(4) Advisory body to private developers on voluntary basis. To work with private developers in existing or new subdivisions and other property owners upon request of those individuals to review landscaping plans and to encourage and promote the planting of trees on public rights-of-way in the developments and subdivisions in accordance with the specifications and requirements set out in this section.
(5) Other duties and powers. To exercise other duties and powers as authorized or directed by the Common Council.
(Ord. 413, passed 8-16-93)
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©2008 City of Berne. All rights reserved. 158 W Franklin Street, Berne, Indiana 46711
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