A.
There shall be the following boards, commissions, and committees
in the City of Rochester:
[Amended 3-5-2019]
(1)
Board of Appeals.
(2)
Board of Health.
(3)
Board of Trustees of the Public Library.
(4)
Planning Board.
(5)
Trustees of Trust Funds.
(6)
Zoning Board of Adjustment.
(7)
Licensing Board.
(8)
Conservation Commission.
(9)
Recreation and Arena Commission.
(10)
Board of Assessors.
(11)
Economic Development Commission.
(12)
Arts and Culture Commission.
(13)
Utility Advisory Board.
B.
All boards, commissions, and committees shall promulgate rules and
regulations governing the conduct of their business, and no member
of any board, commission, or committee shall introduce, speak, or
vote on any motion or issue in which he/she has a personal or pecuniary
interest, direct or indirect.
The composition, function, and duties of the Board of Appeals
shall be as provided by ordinance.
A.
The composition of the Board of Health shall be as provided in Section
21 of the Rochester City Charter. The three Board members, other than
the City Physician and the City Health Officer, shall be appointed
by the City Manager.
[Amended 4-7-2020]
B.
The Board of Health shall meet annually and at other times as the
Board or the Health Officer deems necessary.
C.
The Board of Health shall perform the following functions:
(1)
Formulate general policies regarding public health in the City of
Rochester.
(2)
Advise the Health Officer on all public health matters.
[Amended 3-5-2019]
(3)
Conduct public hearings and perform any quasi-judicial functions
which may be required by law or necessitated by the operation of the
Health Department.
(4)
Make all rules and regulations relating to the public health as in
its judgment the health and safety of the people may require.
[Amended 5-1-2007; at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The composition, functions, powers and duties of the Board of
Trustees of the Public Library shall be as provided in Section 22
of the Rochester City Charter, state statutes, and/or ordinance. Vacancies
occurring in said Board shall be filled by the City Council for the
unexpired term.
A.
The Planning Board shall consist of nine members selected as follows:
(1)
The City Manager or, with the approval of the City Council, the City
Manager's designee, who shall be an ex officio member;
(2)
A member of the City Council selected by the City Council, who shall
be an ex officio member; and
(3)
Seven persons appointed by the Mayor in accordance with the provisions
of Section 74 of the Rochester City Charter.
B.
The Mayor shall also appoint, in accordance with the provisions of
Section 74 of the Rochester City Charter, five alternate members of
the Planning Board. In accordance with the provisions of RSA 673:6,
the City Council may select a member of the City Council to serve
as an alternate to the City Council member of the Planning Board,
which alternate shall be in addition to the five appointed alternate
members of the Planning Board. The term of office of the members of
the Planning Board appointed in accordance with the provisions of
Section 74 of the Rochester City Charter shall be three years and
the term of ex officio members and ex officio alternates to the Planning
Board shall be as provided in RSA 673:5, I(a). The terms of appointed
members and appointed alternates of the Planning Board shall be staggered
in a manner consistent with the provisions of RSA 673:5, II. Vacancies
occurring in the membership or alternate membership of the Planning
Board, occurring other than through the expiration of a term, shall
be filled by the original appointing or designating authority for
the unexpired term.
C.
The Planning Board shall perform all functions provided for by Title
LXIV of the New Hampshire Revised Statutes Annotated applicable to
planning boards, as presently enacted or the corresponding provisions
of any recodification or amendment of the New Hampshire Revised Statutes
Annotated, and shall be subject to all provisions of said Title.
[Amended 3-5-2002]
[Amended 12-4-2007; 10-6-2015; at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
A.
The Board of Trustees of Trust Funds shall consist of five members
representing an increase from the traditional three members. The two
additional members shall be appointed by the Mayor in accordance with
the provisions of Section 74 of the Rochester City Charter with one
Trustee appointed for a one-year term and one Trustee appointed for
a two-year term. Thereafter, one Trustee shall be appointed annually
in January by the Mayor in accordance with the provisions of Section
74 of the Rochester City Charter for a term of three years to replace
those whose terms expire, and vacancies occurring in such office shall
be filled in like manner for the unexpired term. The Trustees shall
organize annually by electing one of their number Treasurer, who shall
keep the records and books of the Trustees.
B.
The fund held in trust by the City of Rochester under the provisions of the last will and testament of Seth Adams, late of Boston in the Commonwealth of Massachusetts, known as the Adams Fund, and the fund held in trust by said City under an agreement with the donors thereof for the purpose of keeping in repair the Old Cemetery in Rochester proper, and the burial lots and monuments therein, denominated the Old Cemetery Conservation Fund Perpetua, shall both be kept by said Board of Trustees, and administered by the City Manager acting pursuant to authority conferred upon such City Manager by the provisions of § 49-1 of the Code of the City of Rochester.
C.
Said Trustees, with the approval, and subject to the authority, of the City Manager acting pursuant to authority conferred upon such City Manager by the provisions of § 49-1 of the Code of the City of Rochester, shall direct the expenditure of the income derived from the Old Cemetery Conservation Fund Perpetua, according to the terms of the agreement aforesaid, and shall annually, with the approval, and subject to the authority, of the City Manager acting pursuant to authority conferred upon such City Manager by the provisions of § 49-1 of the Code of the City of Rochester, determine who are to be the recipients of the income of the Adams Fund, as per the provisions of said will, and the amount thereof to be paid to each, and shall file a list of the same with the City Clerk.
D.
In addition to the functions specified above, the Trustees of Trust
Funds shall perform the following functions:
(1)
Receive all trust funds which may be donated or bequeathed to any
department in the City of Rochester.
(2)
Invest said funds in such investments as are legal for investment
by Trustees of Trust Funds.
(3)
Distribute income and principal in accordance with the purposes for
which the trust funds were established.
(4)
Prepare and maintain complete records of all amounts pertaining to
trust funds as required.
E.
The Trustees of Trust Funds shall be completely responsible for the
custody of all trust funds. All investments or reinvestments of trust
funds shall be made only with the authorization of the majority vote
of the full Board of Trustees. The Trustees may retain investments
as received from donors until maturity thereof.
A.
The Zoning Board of Adjustment shall consist of five members appointed
by the Mayor in accordance with the provisions of Section 74 of the
Rochester City Charter. The functions and duties of the Zoning Board
of Adjustment shall be provided by Chapters 673 and 674 of the New
Hampshire Revised Statutes Annotated as presently enacted or the corresponding
provisions of any recodification or amendment of the New Hampshire
Revised Statutes Annotated, and by ordinance.
[Amended 12-4-2007]
B.
The Mayor in accordance with the provisions of Section 74 of the
Rochester City Charter may appoint up to but not more than five alternate
members of the Zoning Board of Adjustment, each to serve for a term
of three years, in accordance with the provisions of Chapter 673 of
the New Hampshire Revised Statutes Annotated as presently enacted
or the corresponding provisions of any recodification or amendment
of the New Hampshire Revised Statutes Annotated.
The composition, functions, powers and duties of the Licensing
Board shall be as provided by ordinance.[1]
A.
The City of Rochester hereby adopts the provisions of Chapter 36-A
of the New Hampshire Revised Statutes Annotated as presently enacted
or the corresponding provisions of any recodification or amendment
of the New Hampshire Revised Statutes Annotated.
B.
The Conservation Commission shall consist of seven members, one of
whom may be a member of the Planning Board. Members of the Commission
shall be appointed by the Mayor in accordance with the provisions
of Section 74 of the Rochester City Charter for terms of three years.
The terms of members of the Commission shall be so arranged that two
regular members of said Commission shall be appointed annually and
a Chairperson shall be appointed every third year by the Mayor. Vacancies
shall be filled for the unexpired terms. Two alternate members of
the Commission shall be appointed in the same manner as regular members
of the Commission for terms of three years, and when such alternate
serves in the absence or disqualification of a regular member, he/she
shall have full voting powers.
[Amended 5-7-1996; 11-1-2016]
C.
The functions, duties, and powers of the Conservation Commission
shall be as provided in Chapter 36-A of the New Hampshire Revised
Statutes Annotated as presently enacted or the corresponding provisions
of any recodification or amendment of the New Hampshire Revised Statutes
Annotated.
[Amended 11-4-2015]
The composition, functions, powers and duties of the Recreation and Arena Commission shall be as provided by Chapter 158 of the Code of the City of Rochester.
The composition, functions, powers and duties of the Board of
Assessors shall be as provided in Section 20 of the Rochester City
Charter, state statutes, and/or ordinance.
[Amended 6-3-2008]
A.
The Economic Development Commission shall consist of 11 members,
two of which members shall be ex officio members. Nine of the initial
members of the Commission shall be those currently serving on the
Commission. Thereafter, three members shall be elected annually for
a term of three years with vacancies being filled by the City Council
for any unexpired terms. The initial election shall be so arranged
that 1/3 of the members may be elected each year. After the initial
election, the three annual vacancies shall be filled by the Mayor
in accordance with Section 74 of the City Charter. The Economic Development
Commission shall recommend at least two persons from the private sector
to the Mayor each year as potential nominees. In all cases, election
shall be by the City Council. Members shall be chosen for their expertise,
experience and abilities in business, industry, finance, real estate,
government and law. A majority of the members shall reside within
the City of Rochester and up to four of the elected members may reside
outside of the City; provided, however, that any elected member residing
outside of the City shall maintain a place of business or shall be
employed within the City, while serving as a member of the Commission.
The Mayor and the Economic Development Director shall be ex officio,
nonvoting members of the Commission.
B.
The Chairperson shall be appointed annually by the Mayor, and the
Commission shall elect from its members such other officers and committees
as it deems necessary.
C.
The Economic Development Commission shall perform the following functions:
(1)
Promote the City of Rochester, through advertising, prospect development
and other means, as an attractive location for industrial and business
development and/or expansion and residential uses thereto;
[Amended 11-8-2023]
(2)
Assist prospects interested in evaluating Rochester as a potential
industrial or commercial location; act as the official agent of the
City government in matters pertaining to economic development;
[Amended 11-8-2023]
(3)
Undertake appropriate actions to encourage the continued availability
of marketable industrial/commercial sites within the City, including:
(a)
Advising the Mayor, Council and departments concerning planned
capital improvements, municipal programs or actions which may affect
the City's future economic growth;
(b)
Conducting studies to determine suitability and development
potential of industrial/commercial sites within the City; and
(c)
Assisting interested site owners and/or their agents in marketing
available industrial/commercial properties;
(4)
Utilize available industrial/commercial development financing programs
to provide an attractive source of financing for local plant construction
or expansion;
(5)
Act as the City's liaison with existing business and industry located
in the greater Rochester area, to ensure maintenance of good relations,
encourage the City's responsiveness to industry needs, and foster
expansion of the City's established industrial/commercial base;
(6)
Identify and secure funding from federal, state, and local governmental
and private sources to carry out the Commission's approved programs;
and
(7)
Serve as Rochester's Business and Industrial Development Authority
in accordance with the provisions of Chapter 162-G of the New Hampshire
Revised Statutes Annotated, as amended.
D.
In performing the functions listed in Subsection C above, the Commission shall be empowered to:
(1)
Operate flexibly within the limitations of formal economic development
policies adopted by the City Council.
(2)
Submit annually to the Mayor and Council a proposed work program
and funding request for staffing, consultants, advertising, travel,
etc., necessary to carry out its program, for inclusion in the City's
annual operating budget.
(3)
Apply for, receive, and administer grants from federal, state, and
other public sources.
(4)
Receive and administer funds raised from private sources.
(6)
Submit annually to the Mayor and City Council a report of the preceding
year's activities.
(7)
Serve as Rochester's Business and Industrial Development Authority
and exercise the powers and duties granted to such Business and Industrial
Development Authority by RSA Chapter 162-G, as amended, except those
powers and duties relating to findings and approvals which are the
exclusive duties of the City Council, and provided, further, that
the exercise of such powers and duties of the Commission shall be
subject to the following limitations:
(a)
No lease, sublease, purchase agreement or other instrument executed or entered into by the Economic Development Commission shall obligate the City of Rochester to make expenditures in excess of appropriations received from the City Council and/or bonds authorized by the City Council and issued by the City of Rochester pursuant to the provisions of RSA Chapter 162-G, or of funds received or to be received under the provisions of a lease, sublease or other instrument. This prohibition is not intended to limit the Commission's authority with respect to the application for, receipt and administration of funds referred to in Subsection D(2), (3) and (4) above.
(b)
The Commission shall not be authorized to issue bonds, i.e.,
any evidence of indebtedness issued to finance a project in whole
or in part. The authority to issue bonds pursuant to the provisions
of Chapter 162-G of the New Hampshire Revised Statutes Annotated shall
be vested in the City Council.
(c)
All funds of the Commission shall be kept and accounted for
as an enterprise fund of the City of Rochester, no matter their source.
Funds appropriated by the City Council for the Economic Development
Department shall not be considered funds of the Commission for the
purposes of this subsection.
(d)
All actions of the Commission under RSA Chapter 162-G shall
be authorized by resolutions of the Commission passed on the affirmative
votes of at least 2/3 of the Commission members present and voting,
subject to the voting restrictions provided for in RSA 162-G:15-a,
III. Actions of the Commission which are not taken under RSA 162-G
shall be authorized by the Commission on the affirmative votes of
a majority of the Commission members voting, unless otherwise provided
by law.[1]
[1]
Editor's Note: Original § 3.13, Arena Advisory Commission,
which immediately followed this section, was repealed 11-4-2015.
[Amended 3-5-2002]
A.
In accordance with the provisions of Section 19 of the Rochester City Charter, the Utility Advisory Board shall consist of five members, which members shall be appointed in the manner and for such term as provided for in § 260-28 of the Code of the City of Rochester.
B.
The Utility Advisory Board shall perform the following functions:
(1)
Make recommendations to the City Council, from time to time, on the level of sewer and water rates to be charged pursuant to the provisions of Chapter 200, Sewers, and Chapter 260, Water, Article I, Use Regulations and Rates, of the Code of the City of Rochester, but such recommendations shall not be binding on the City Council.
(2)
Hear and decide appeals of such matters relating to the sewer and
water usage and connections as shall be assigned to the Board by ordinance
or resolution adopted by the City Council.
(3)
Perform all other related functions as required.
[Added 2-1-2011]
A.
Definition. For the purpose of this section, "arts and culture" encompasses
a wide range of activities, including painting, sculpture, other fine
and folk arts, crafts, popular culture, music, theater, dance, film,
other performance arts, architecture, archaeological resources, cemeteries,
literature, history, community/cultural heritage, agriculture, and
other elements consistent with the intent of this section.
B.
Purpose of the Commission. This section is established by the Rochester
City Council pursuant to RSA 47:17, XV, and 674:2, III(h). The geographic
focus of the Arts and Culture Commission's activities shall be Rochester,
but when appropriate, the Arts and Culture Commission may work to
promote arts and culture in the greater Rochester area, consistent
with the intent of this section. The purpose of the Arts and Culture
Commission (or "the Commission") is to implement the Arts and Cultural
Resources Master Plan by:
(1)
Highlighting our heritage to inspire a sense of place and pride in
the City of Rochester;
(2)
Identifying, strengthening, promoting and broadcasting Rochester's
cultural assets, infrastructure, and artistic treasures;
(3)
Facilitating community involvement in the arts;
(4)
Recognizing the economic power of the arts and culture in Rochester;
(5)
Invigorating Rochester with an emphasis on the City's unique blend
of old-fashioned charm and progressive vision; and
(6)
Acting on the City's behalf on arts and culture matters.
C.
Functions of the Commission. The Arts and Culture Commission is not
a regulatory body. It has no review authority and there is no requirement
for it to review or approve any proposed event, project, or installation.
No artist, organization, or business is required to consult with or
appear before the Commission. The roles and responsibilities of the
Arts and Culture Commission include the following, subject to establishing
priorities and availability of time and resources:
(1)
Master Plan. Implementation of the Arts and Cultural Resources Master
Plan (Community Revitalization and the Arts; A Cultural Plan for Rochester,
New Hampshire, adopted October 4, 2010, and as may be amended in the
future). Implementing this plan is the primary role of the Commission.
(2)
Public displays. Promotion and organization of public art displays,
forums, fairs, murals, exhibitions, performances, and other events.
(3)
Developing resources. Development of resources to support local artists
and cultural organizations.
(4)
Coordination with other organizations. Coordinating, as appropriate,
with other governmental, nonprofit, social, and business organizations
that have a connection with the arts, cultural resources, our community
heritage, land development, economic development, tourism, and historic
preservation.
(5)
Promoting cooperation. Promotion of dialogue and cooperation among
arts and cultural organizations and coordination of activities and
projects with these organizations. This includes organizations located
in Rochester as well as those situated outside of the City.
(6)
Education. Educating the public about art and cultural resources.
(7)
Marketing. Marketing, promoting, and developing Rochester as an arts
and cultural destination.
(8)
Advice and advocacy. Providing advice and advocacy to agencies of
local, state, and federal government regarding the identification,
promotion and preservation of art and cultural resources.
(9)
Area businesses. Encouraging local and regional businesses to support
and engage in arts and culture.
(10)
Fostering excellence in design. Fostering excellence in design in
wide-ranging aspects of civic and community life in Rochester.
(11)
Diverse populations. Encouraging participation of diverse populations
in Rochester in arts and culture.
(12)
Planning. Periodically recommending to the Planning Board updates
to the Cultural Resources Master Plan.
(13)
Amendments. Recommending to the City Council amendments to this section.
(14)
Funding. Applying for and implementing grants and soliciting other
funds, as appropriate.
(15)
Data. Developing a database and directory of activities and resources
in the greater Rochester area.
(16)
Annual report. Preparation of an annual state of the City arts and
cultural report for the City Council.
(17)
Other activities. Undertaking any other appropriate action or activity
necessary to carry out its mission.
D.
Structure of the Commission.
(1)
Composition. The Arts and Culture Commission shall consist of nine members, all of whom shall be regular voting members. The ideal (desired but not required) composition of the Commission shall be as follows, subject to availability and qualifications of candidates [in accordance with Subsection D(2) below] as determined by the City Council:
(a)
One member from Rochester City government;
(b)
One member from the business community;
(c)
One member from the education community;
(d)
One member who is the Rochester Poet Laureate, or if he/she
is not available, then a person from the literary arts community;
and
(e)
Five members who are actively engaged in arts and culture, representing
a broad cross section of the arts, culture, and heritage community.
(2)
Qualifications. All members shall be residents of the City of Rochester,
except that up to three members may reside in the greater Rochester
area. In reviewing the qualifications of all candidates for the Commission,
the City Council shall consider his/her demonstrated interest and
experience in, and knowledge of, arts, crafts, and culture, and his/her
ability to administer this section consistent with the mission of
the Commission. To the extent that such persons are available, the
Council shall seek members with diverse backgrounds.
(3)
Appointments. The members of the Arts and Culture Commission shall
be appointed pursuant to Section 74 of the City Charter for terms
of three years. Some initial appointments (and subsequent appointments,
when necessary) shall be for less than three years in order that the
various terms shall be staggered.
E.
Administration.
(1)
Meetings and activities. The Commission shall meet as needed, but
it shall meet at a minimum twice each calendar year. It shall hold
an annual meeting in February, or at such other time as determined
by the Commission, to review activities of the prior year and to plan
for the upcoming year.
(2)
Bylaws. The Commission shall adopt bylaws to govern its operation.
(3)
City and state law. The Commission shall be regulated by all applicable
City and state laws.
(4)
Staffing and resources. The City of Rochester will provide staffing
and other support to the Arts and Culture Commission, as appropriate,
subject to availability of staff resources.
(5)
Professional advice. The Commission may seek advice from such professional
resources as is deemed necessary, subject to availability of funding.
[Added 12-5-2023]
A.
Purpose. This section is established by the Rochester City Council
pursuant to RSA 674:5. The purpose of the Capital Improvements Program
Committee (or "the Committee") is to aid the City Council and City
Manager in their consideration of the annual budget.
B.
Functions of the Committee. The Capital Improvements Program Committee
is charged to review submittals to the City's Capital Improvements
Program in relation to the City's Master Plan and growth goals.
The Committee's review is subject to the following procedure:
(1)
At such time the City Manager requests, each officer or director
of a department shall submit an itemized request for capital projects
for the departments or activities under its control.
(2)
Each capital request shall be for an item $10,000 or greater in value
and with at least a ten-year lifespan.
(3)
Each capital request shall be submitted using the Capital Projects
Request form and explain how the project meets the evaluation criteria
established by the Committee.
(4)
The Capital Improvements Program Committee shall score the proposals
based upon the evaluation criteria. All scoring is submitted to the
Planning Department to tabulate the ranking.
(5)
At the Committee's meeting to review and discuss the ranking
the Committee as a whole may make changes to the ranking for reason
stated in the final report to the Planning Board. The Committee may
not rescore, only amend the ranking.
(6)
The Committee's final ranking report shall be submitted to the
Planning Board. The Planning Board may review scoring and change rankings
based on knowledge of development patterns and the Master Plan. The
Planning Board may not rescore, only amend the ranking.
(7)
A final ranking project report of projects is submitted to the City
Manager for recommendation to inform the proposed budget to the City
Council.
C.
Structure of the Committee.
(1)
Composition. The Capital Improvements Program Committee shall consist
of eight members, all of whom shall be regular voting members. The
composition of the Committee shall be as follows:
(2)
Appointments. The members of the Committee shall be appointed pursuant
to Section 74 of the City Charter for terms of two years.
D.
Administration.
(1)
Meetings and activities. The Committee shall meet as needed and shall
prepare a report and recommendation to the City Manager in accordance
with the specified budget preparation process and schedule.
(2)
Bylaws. The Committee may adopt bylaws to govern its operation.
(3)
City and state law. The Committee shall be regulated by all applicable
City and state laws.
(4)
Staffing and resources. The City of Rochester will provide staffing
and other support to the Capital Improvements Program Committee, as
appropriate, subject to availability of staff resources.
