HomeMy WebLinkAbout1995-12-27 96-72 RESOLVE_ COUNCIL ACTION
Bate: 12-27-95
Item
No
96-J2
Item/Subject: RBSO=, Supporting a Partnership Between the City
of Bangor and the Northern Conservatory of Music in Working
Toward the Devalop ent of the Heine School for the Arts/Maine
High School for the Arts, to be located in a Portion of the
Former Freese's Building
Responsible Department: City Manager
Covmentary:
The attached Resolve is exactly the same as a Resolve which was
passed by the Council in November supporting a partnership between
the City of Bangor and the Northern Conservatory of Music. The
Resolve has been changed, however, at the request of Daryl Modes
n order to clearly state that the title of the effort will be "The
Maine School for the Arts/Maine High School for the Arts. -
Attached please find some correspondence from Mr. Rhodes indicating
the reasons for this requested change.
nFPARTMFAT WRLn
Manager's Comments:
!'STY Md1.lACFR A\
Associated Information:
Resolve, Letters
Budget
FTNAN('F pTRF("MR
Legal Approval:
rcduced—I
Passage For
Passage
Referral
Reading Page_of_
Referral
96-]2
Assigned to Councilor Asldecci Cec,,h,r P, 1995
CITY OF BANGOR
QIiLEJ FQQ(ylpfsuRportin�q a, Par_nesahi2_Between the„Cit,X_of, eanSor
and the Northern Conservatory of Music in Working Toward the Development of
the Maine School for the Arte/Maine High School for the Arte, to be located
In a Fortson of the Former Preseees'e eyj1ELD4.:............._.._.._..._...................................
By de City Consul of Ma City o/Bangor:
BSSOLVSD,
WHEREAS, The City of Bangor and the Northern Conservatory of Music
have worked together for over a year toward thea goal of
establishing a Maine School for the Arts/Maine High School
for the Arte to be located in a portion of the former
Freese's building; and
WHEREAS, In order for the Freese's building to be redeveloped and the
Maine School for the Arte/Maine High School for the Arts to
become a reality, the City of Bangor and the Northern
Conservatory of Music must continue to work closely in the
future; and
WHEREAS, such close cooperation will be of great benefit to the
citizens of Bangor through the potential for redeveloping a
Portion of the former Freese's building for this use and the
impact of this project on our continuing efforts to improve
and upgrade the City of Bangor's downtown area; and
wdiwah6, in order to formalize this partnership, both parties believe
it is essential that the City of Bangor and the Northern
Conservatory of Music formally and publicly embrace their
desire to work cooperatively toward the goals of establishing
the schools, redeveloping the Freese's building, and working
toward the improvement of Bangor's downtown area.
NOW, THEREFORE, be it resolved by the City Council of the City of Bangor,
that;
The City of Bangor offers its support and encouragement to the Northern
Conservatory of Music in its partnership efforts with the City toward
establishing a Maine School for the Arta/Maine High School for the Arte and
redeveloping a portion of the former Freesia's building. The City has and
will continue to support these efforts and to work with the Conservatory
toward accomplishing our mutual goals and objectives for the schools, the
former Freese's building, and downtown Bangor.
IN CITY COUNCIL 96_12
December 27, 1995
Passed E E S 0 L V E
CITY CLERK SO➢00CC1nK a P9CCnsiship Between the
City
of Baagar aad Na Nor bhetn
Conservatory of Music in WOrking
Toward the Development of the Maine
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96-R
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Heim B9vs (9ue 9, 3N Floor), Be , Mamm OWI (2Ol) W74171
12/8/95
Mr. Edward Barrett
City manager
Bangor City hall
Bangor,Me.
04401
Dear Mr. Barrett,.
In light of anews
announcement that Senator Sane Amero will
introduce a bill to the legislature establishing the, "Maine
High School for the Visual and Performing :Arts", to be developed
and opened in Portland by September,1997, we strongly suggest that
council enact a resolve to establish the "Maine High School for the
Arts" as Maine's first public-private high school and,in the city
where the idea FIRST ORIGINATED',BANGOR.
The Conservatory, in view of council's request that it outline
any obstacles to the development of the "Maine School for the ArTS`,
makes this request as an important move to protect the development
of the school's ability to clarify its purpose and mission to high
school students throughout the state and that the school be All-
owed to grow and flourish in the honest and loving way in which it
was conceived.
We hope that council will act on this right away.
Bangor should have this school, it belongs here, and it will
be here.
If council wishes, the Conservatory attorney will file the nec-
essary papers of incorporation right away.
This is very serious. We were never informed by anyone in PORT_
LANd that they would be changing their name to include the words
high school.
Thankyou.
Let's d0 it.
I am, and we are,
Sincef$Ly
Daryl W. Rhodes,B.M.Ed.
96-72
hk WECENED
DEC 1 1 1995
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12/11/95
Mr. Ed Barrett
City Manager
City of Bangor
Bangor,Me.
04401
Dear Mr. Barrett,
This letter is to inform you and council that the Northern
Conservatory executive board voted to amend the articles of incor-
poration submitted to the secretary of state,and approved on March
22nd, 1994 as follows:
The name of the non-profit corporation will be,
THE MAINE SCHOOL FOR THE ARTS/THE MAINE HIGH SCHOOL FOR THE ARTS
We hope that you and council will approve this action as pro-
ductive and promotional in the area of the -school's long-term
mission and development.
Consequently, at the next scheduled council meeting, we kin-
dly request council vote to amend resolution 96-42, passed on NOV.
27th of this year, to reflect the new corporate name as stated and
underlined above,and that all references to the Maine School for
the arts stated in the "tentative developer agreement" between the
city and the Conservatory also reflect that change.
Thankyou for your continued patience and understanding.
Portland may call their school the Portland High School for
the Visual and Performing Arts but THE Maine School for the Arts/
Maine High School for the Arts will be in Bangor.
Thanks again.
I am,
SV //�l)�Y�•(///�
Daryl W:'Rkodea,B.M.Ed.
secretary -treasurer
90-]2
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12/13/95
Ed Barrett
Bangor City manager
Bangor City hall
Bangor,Me.
04401
RE: The Portland initiative and the Conservatory's response to
the filing of bill LR 2709
Dear Mr. Barrett,
This letter is to update you and council, per the conditions
in r pending agreement, of a very serious situation developing
between Senator Jane Amero's effort to establish The Maine High
School of the Visual and Performing Arts in Portland and our
effort to build the Maine High School for the Arts here in its
rightful.: home,Bangor.
As you know, the Conservatory formed the non-profit corpor-
ation called the Maine School for the Arta on March 22nd,1994,
nearly one month prior to Governor McFernan's signing legislation
to establish a "task Force" called„ "The Maine School for Visual
and Performing Arts". Since that time, we have made nmerous att-
empts to ask that Senator Amaro change their choice ofn s for
their school then a task force. We and the Bangor legislators
have been ignored and excluded from any participation in state-
wide discussions concerning "Magnet" schools. Remember last Spring,
when Rod McKay went to Augusta to ask that Bangor be included in
the task force
Now, as of November 9th,1995, Jane Amaro and her political
pals have done it again. They have formally filed a request with
the legislature that their school actually be called, THe Maine
High School for the Visual and Performing Arts.
Our intention, through the legal services of Fred Costlow and
Severin Beliveau, is to file an injunctionr:or if necessary, a lit-
iagatory action seeking damages for irreparable harm.
I hope council will be moved to support us in this clearly
defensive action. According to MRSA 403,13-B, the Conservatory and
the city of Bangor have exclusive rights to the name, and to any
name "deceptively similar'.
Please call me should you have any questions.
A letter addressed to Jane Amero is included.
Thanks.
96-02
page 2
I am,
Sincerely
D✓r
Daryl
96-]2
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HITMAN. LARGE $ DRO--
RICHARDsoN. WHITMAN.
106124.1023
ATTORNEYS AT 1-•N•
Im COLUMBIA STREET
FORUAND FICE
d•d•"••"••••
P.C. Box U29
4ee coxoneea`s,n RT
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MAINE OM Iua
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NOOR.
x"04113-476
041 %2-9944
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(WI SIBIRS
TELECOPIER 604)481-1549
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TSLEOOPIER
96-]2
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106124.1023
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December
13,
1995
yIA FAX
Janet Amero, Senator
Re: Maine School for the Arts
Dear Ms. Marc
It has come to my attention that there is a bill pending which
would designate on institution named "The Maine High School for the
performing Arts*. As I an sure you are aware, a great deal of
progress has been made in Bangor towards the development of the Maine
School for the Arte, also known as the Maine High School for the
Arts. These names have been filed with the Secretary of State. This
letter is to provide you with notice that we would object to any name
which is deceptively similar to that of the Bangor entity. As I am
sure you are aware, there are statutory prohibitions to such Mae.
I find it difficult to believe that there are continued compet-
ing interests. Obviously, the State could he better benefitted by a
consolidated effort. In light of the acquisition of the building and
a substantial amount of money being allocated to capital start up, I
would think we could count on your support for this project. Al-
though it may not be in your district, persons from your district
would certainly benefit brthe school. As you might Expect, the
development of a project like this is extremely difficult. Dividing
the limited resources which'may be available for such a project
diminishes the chance that .there will he such a school in Maine. As
the Bangor project has a building and funds allocated for a start up
campaign, we would request you postpone your project and give our
project a chance for success. obviously, if we arunsuccessful, you
could count on our support should you choose to tryagain.
96-]2
Page 2
Please give this matter some thought. I would hope you would
give me a call to discuss the matter.
Sincerely yours,
Frederick F. Costlow
FFC/kle
u21"L&
96-J2
AN ACT TO RECOGNIZE THE MAINE SCHOOL FOR THE ARTS/THE MAINE HIGH
SCHOOL FOR THE ARTS.
WHEREAS, THe Maine School for the Arta/The Maine High School for
the Arta has existed as a not-for-profit corporation
since March 22nd,1994, and has been organised under the
laws of the State of Maine, specific to Title 13-B MRSA
403, whose purpose is to educate persons including but not
limited to high school age in the area of the arts;in-
eluding but not limited to dance,muaic, theatre, and the
visual arta.
WHEREAS, the legislature in recognition of the benefits and serv-
ices provided Maine's citizens by the school,shall pass
no law prohibiting, restricting or otherwise encumbering
the development and or welfare of the Maine School for
the Arts/The Maine High School for the Arts, and in so
doing, fully recognizes its rights,priviledges, and pro-
tection$ under the law. -
STATEMENT OF FACT
This bill recognizes the existence of the Maine School for the
Arts/The Maine High School for the Arts and the benefits and ser-
vices the school will provide Maine's people. In so doing,this bill
will insure the school's right to develop and prosper within its
corporate purpose, and, under those protections afforded it by ex-
isting Maine law.
DEC -11-9S 14�QS PRO".
RY OF STATE
along 1,G SPOT ae.. —.1 sscns*^NONPROFIT CORPORATION
-Far use 9) TO, sT,i m Sim'
For Use R) IT, FILED
sm.tm x Nm
9—
STATE OF MAINE -
File No............ ............ wormy Sxmap or 9x,
ARTICLES OF AMENDMENT
A yore Co wenn Rtrtum
Fee Aitl............... ar°im.Im
C'm..... ._.......... Punumt no lLB MRSA HIRD and 803, the uMm
signed corporetwor cttcutes and deli mrs for fling
Date ...... the following Articles of Amendmew: 5;11 S Maty or Slxe
FIRST: STATE NATURE OF CHANGE IRS. "New Section", "DeMion of Worth'. "Revision
of Axick "S) uu Poll n TEST of AmetWmmt. Use back of form if nmessery.
TO 207 28? 5074
96-72 PAGE a.
The corporate name shall hereby read as follows:
THE MINE SCHOOL FOR THE ARTS/THE MAINE HIGH SCHOOL FOR THE ARTS;
and for purposes of promotion and development of the Corpora-
tion,ehall appear on all stationary,envelopes and,any or all
materials related to the publication of the corporate mission
and non-profit purposes.
SECOND: This amendment was atlopled On 12/8 1995 , as follow:
("X'I am ban Only)
L By the members at a Meeting at Which a quorum was present and the amendment
removed at kut a majority of the Owes which members mer entitled to cant.
b. (If the Mkks require more than a majority vim) By The members al a meeting To
which the amendment mci at Jesse lbs "=mass of notes Required by the An
tkln OI Imnrpomian. _
C. By and written eOnsem Of all melben entitled t0 ewe Ran "Spot theret0.
@ d. (If any mamten, or none entilkd to vote thereon). By majority vole of the board
of directors. Northern Conservatory of Music
THIRD: Mdms of the n Own owns In Mune: 96'Hhrlow St:.r13uite 0e8angoi/MB.
{Maine School For The Arts/
04401
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12/20/95
Mr. Ed Barrett
City manager
Bangor city Council Members
Bangor city hall
Bangor,Me.
04401
Dear Mr. Barrett and council members,
Please be advised that Lisa lumbra and other area legislators
are planning to support a bill to recognize the Maine School for
the Arts/The Maine High School for the Arts.
Please find a rough draft of the bill's content attached.
See you onthe 27th.
Without the passage of this bill orsomething similar, it will
be difficult if not impossible to buildaschool whose application
is state-wide.
We hope you will ask your state representatives to support
it.
Thanks.
Happy holidays.
Thanks again.
I am,
Sincer
ely,
Dary