ORDINANCE # 1684
Enacted 7/2/02
22 ayes 2 noes
ORDINANCE OF THE BOARD OF ALDERMEN ESTABLISHING A PROCESS FOR TRANSPARENT ALLOCATION AND DISTRIBUTION OF RESOURCES EQUITABLY IN NEW HAVEN AND CREATION OF A NEW CITY RESOURCES ALLOCATION SUBCOMMITTEE.
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WHEREAS: The City of New Haven annually confronts the issue of limited resources and overwhelming need related to sidewalk improvements, street paving, tree trimming, and stump removal; and
WHEREAS: over time various strategies and mechanisms have been employed in order to address this; and
WHEREAS: there has been limited transparency and consistency in the manner that public improvements in the right of way occurred; and
WHEREAS: from time to time this leads to much consternation by residents and businesses owners in the city; and
WHEREAS: the New Haven Charter, under Article 9, Sec 45, “Authority of board of aldermen over streets, highways, wharves, docks” and Article XI, Sec 58, “Budgetary procedures; duties of the Mayor, city clerk, board of aldermen”, provides the Board of Aldermen the authority to address this issue; and
WHEREAS: Article 9, Sec 45 states that “The board of aldermen shall have sole authority over all streets and highways, including sole authority to lay out, make or order new highways and streets and to discontinue the same. No person shall open, within the limits of said city, any public or private way, except under the provisions of an order of said board of aldermen. Said board of aldermen is hereby authorized to order, lay out, construct, repair and alter public squares, parks, streets, highways, sewers, gutters, drains, bridges and walks, except as herein otherwise provided, when and where, in the opinion of said board, the public good shall so require, and to order the paving, macadamizing or other improvement of any street, alley or highway within said city” and “The department of public works and the department of parks shall execute all orders of the board of aldermen with reference to the matters referred to in this section.”; and
WHEREAS: the solution to this should result in a transparent allocation and distribution of resources equitably in New Haven.
NOW, THEREFORE BE IT ORDAINED THAT a new four member City Resources Allocation Subcommittee (hereafter referred to as the C.R.A. subcommittee will be formed consisting of two (2) aldermanic representatives, to be selected by the leadership of the Board of Aldermen as follows: one (1) from leadership, and one (1) from the members of the Board of Aldermen not in leadership, and two (2) members from the administration, to be appointed by the Mayor, each member of the Subcommittee serving a 2‑year term beginning in 2012.
BE IT ALSO FURTHER ORDAINED THAT in the FY 2012 – 2013 budget funds be allocated to have an independent, expert consultant complete an up-to-date survey rating condition of all of the city’s streets and sidewalks, with said survey to be submitted to the City Resources Allocation Subcommittee, and to be undertaken at least once every four years. The City of New Haven shall maintain two lists, each produced by such independent, expert consultant, showing the block by block condition of
(1) all sidewalks, and (2) all streets in New Haven. These lists shall be kept current and shall be posted on the City’s website; and
BE IT ALSO FURTHER ORDAINED THAT Aldermen are encouraged to and can choose to have an open and participatory process, in which their ward residents are involved in identifying and addressing needs in their respective wards. On an annual basis, each of the Aldermen shall develop a list of projects for their ward ranked in order of greatest priority based on a scale which factors in public safety urgency, as well as the degree of constituent concern. Such list shall be submitted to the City Resources Allocation Subcommittee on a date determined by the Allocation sub-committee in 2012 and annually no later than June 15 of each year thereafter.
BE IT ALSO FURTHER ORDAINED THAT the appropriate type of paving treatment for a ward street to be repaved shall be determined by the City Engineer and/or the Director of Public Works. The Subcommittee shall consult with and seek the advice and expertise of the City Engineer, Director of Public Works and Director of Parks, Recreation and Trees in expediting completion of the selected sidewalk, street and tree projects.
BE IT ALSO FURTHER ORDAINED THAT the City of New Haven shall allocate and distribute all resources for sidewalk improvements, street paving, tree trimming or removal, and stump removal, equitably in the following manner.
A. Federal and State funding for specific streets, roads, and sidewalks will be coordinated with the Aldermen in the affected wards.
B. Other funds designated for sidewalk improvements, street paving, tree trimming or removal, and stump removal shall be divided into two funds: An Emergency Street Paving Fund to be used for urgent unforeseeable projects to be done throughout the City, regardless of ward, which pose a public safety risk and require immediate remedial action; and a General Street Paving Fund, which addresses ongoing repair needs in the wards, as selected by the C.R.A. subcommittee, based on the consultant’s ratings and Aldermanic input.
BE IT ALSO FURTHER ORDAINED THAT the new resource allocation process for sidewalk improvements, street paving, tree trimming or removal, and stump removal shall take effect and commence operation beginning with the Fiscal Year budget 2012 – 2013 and that;
A. The funds for Street Paving consist of the:
1. Emergency Street Paving Fund: Each fiscal year funds shall be allocated for this purpose based on the average of the last five years actual expenditures for urgent unforeseeable projects throughout the city which posed a public safety risk and required immediate remedial action.
2. General Street Paving Fund: Each fiscal year funds a minimum of $750,000 shall be allocated for this purpose. The C.R.A. subcommittee may recommend that the Board of Aldermen increase the amount.
B. The funds for Sidewalks consist of the:
1. Emergency Sidewalk Fund: Each fiscal year funds shall be allocated for this purpose based on the average of the last five years actual expenditures for urgent unforeseeable projects throughout the city which posed a public safety risk and required immediate remedial action
2. General Sidewalk Fund: Each fiscal year a minimum of $1,000,000 shall be allocated shall for this purpose. The C.R.A. subcommittee may recommend that the Board of Aldermen increase this amount.
C. The funds for Trees consist of the General Ward Tree Fund: Each fiscal year a minimum of $160,000 from the Park Department’s capital budget “street trees fund” shall be allocated for this purpose to be divided equally between all wards. The C.R.A. subcommittee may recommend that the Board of Aldermen increase this amount.
BE IT ALSO FURTHER ORDAINED THAT, working within budgetary limits, the City Resources Allocation Subcommittee will select and approve all street and sidewalk work prior to any work commencing (with the exception of emergency repairs, which must be reported to the C.R.A. subcommittee for review no more than 30 (thirty) days from when such job commenced). The C.R.A. subcommittee shall prioritize and select all non-emergency projects to be scheduled, based on ratings by the consultant; recommendations and input on each ward’s priorities based on lists supplied by individual aldermen; and based on advice and consultation with the city engineer, director of public works and other appropriate city officials. Emphasis is to be given to repairing those streets and sidewalks deemed to be in the worst condition or a greater safety risk.
BE IT ALSO FURTHER ORDAINED THAT the C.R.A. subcommittee will communicate regularly with the Board of Aldermen on the selection and scheduling of the projects to be done on streets, sidewalks, and trees, as well as provide regular quarterly reports on all street, sidewalk and tree work to the entire Board, upon submission such communication including but not limited to all quarterly reports shall also be posted on the city’s website by the city staff on the C.R.A subcommittee; and
BE IT ALSO FURTHER ORDAINED THAT the C. R.A. will report to the Finance Committee of the Board of Aldermen in November, 2012 and as needed to review this ordinance and make recommendations for amendment to the ordinance for future fiscal years.