Fiscal Note
No direct budgetary impact or expenditure required.
Title
Amending Section 4.02(6) of the Madison General Ordinances to eliminate the Capital Improvement Review Committee and to eliminate the referral of the budget to the Plan Commission.
Body
DRAFTER’S ANALYSIS: This ordinance updates the process for preparation of the Mayor’s Capital budget by eliminating the formality of the Capital Improvement Review Committee. It also eliminates the referral of the Capital Budget to the Plan Commission which reflects current practice. As currently structured, the formality of the CIRC raises Open Meeting law issues, such as the possibility that any time the Mayor discusses the capital budget with the Comptroller, the Director of Public Works of the Director of Planning and Community and Economic Development, a negative quorum is created.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (a) entitled “Capital Improvement Review Committee” of Subsection (6) entitled “Capital Budget and Capital Improvement Program” of Section 4.02 entitled “Budget System” of the Madison General Ordinances is amended to read as follows:
“(a) Capital Improvement Review CommitteeProcess. There is created for the City of Madison a Capital Improvement Review Committee consisting of tThe Mayor or her/his designee, shall consult with those members of staff the Mayor deems necessary, including the City Comptroller, the Director of Public Works and the Director of Planning and Community and Economic Development and the Mayor or her/his designee who shall annually review each departmental capital improvement estimate and submit its recommendation thereon to the Mayor.”
2. Subdivision (b) of Subsection (6) entitled “Capital Budget and Capital Improvement Program” of Section 4.02 entitled “Budget System” of the Madison General Ordinances is amended to read as follows:
“(b) It shall be the duty of each department to file annually with the City Comptroller by the date he/she shall specify and on forms provided by the City Comptroller an estimate of its necessary capital improvements for the following six fiscal years and estimates of the costs thereof which the City Comptroller shall present to the Capital Improvement Review Committee Mayor or her/his designee.”
3. Subdivision (c) entitled “Capital Budget” of Subsection (6) entitled “Capital Budget and Capital Improvement Program” of Section 4.02 entitled “Budget System” of the Madison General Ordinances is amended to read as follows:
“(c) Capital Budget. Upon receipt of the departmental estimates of capital improvement with the recommendations of the Capital Improvement Review Committee, the Mayor shall review said capital improvement estimates and recommendations of the Capital Improvement Review Committee and submit a proposed Capital Budget for the ensuing fiscal year to the Board of Estimates and Plan Commission for their consideration. The Board shall consider these items and make a proposed Capital Budget. The Plan Commission shall report to the Board of Estimates and Common Council the Capital Budget’s conformance with the Master Plan.
1. The Capital Budget shall be a part of the Budget and shall be summarized in the Budget Summary and the same statutory and ordinance requirements as to publications, notice and hearing shall apply to the Capital Budget as are required for the general annual budget.
2. The Capital Budget shall be considered part of the Capital Improvement Program, and adoption of the Capital Budget will constitute an appropriation of the items therein stated except those requiring the borrowing of money. The Capital Improvement Program adopted in previous years shall not be binding.
3. The Capital Budget shall contain proposed expenditures for land purchases and improvements in excess of three thousand dollars ($3,000); all projects requiring the borrowing of money including, but not limited to construction or reconstruction of public utilities, streets, sidewalks, storm and sanitary drainage facilities; new construction and construction of buildings in excess of five thousand dollars ($5,000); major alterations to buildings and facilities which are not routine repairs and which substantially enhance the value of a structure or change its use; the original equipment or motor vehicle purchases exceeding twenty thousand dollars ($20,000) in cost and having a life expectancy of ten (10) years or more; such other capital outlays as the Mayor and Common Council shall designate.”
4. Subdivision (d) entitled “Capital Improvement Program” of Subsection (6) entitled “Capital Budget and Capital Improvement Program” of Section 4.02 entitled “Budget System” of the Madison General Ordinances is amended to read as follows:
“(d) Capital Improvement Program. It is the intent of this section that the Common Council shall, each year, adopt a statement of proposed expenditures for capital improvements for the following six fiscal years. This statement shall be adopted by resolution and be known as the Capital Improvement Program.
1. Upon receipt of the departmental estimates together with the recommendations of the Capital Improvement Review Committee thereon for the five years following the ensuing budget year, the Mayor shall review said capital improvement estimates and recommendations and submit a proposed Capital Improvement Program to the Board of Estimates and Plan Commission for their consideration.
2. The Plan Commission shall annually review the Capital Improvement Program and report to the Board of Estimates and Common Council the Program’s conformance with the Master Plan.
32. The Board of Estimates shall review all information regarding expenditures and anticipated revenue, and shall submit to the Common Council, with the budget, a proposed Capital Improvement Program.”