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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 ftlgFT nq run fcr PortalCFfeCse's a 2 aflP [IOa "-v 96-R r'="56zVAr4M of MUSIC -1 anb'Me peRFORhHnq aRLS A Nom-RoBl Carywnaoa 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 ,,E , MEnHburrjCt of C1711S1 anO the DeRFOminq ains _ A Mm -F Cwpwcm % IW OW Sem (Sees 9, 3rd Flom), BOSer, Mass 0101 Rtlf1917-6171 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 SE9+4RU O e USI an0 the peaFoamrnq ants A Mao- Capuedoo %Mubw Ase (Aute 9. led P ), 9' . Mme 01101 f20n W74171 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 •• w T -T-�O ER 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 am MAINE OM Iua wn 9446 NOOR. x"04113-476 041 %2-9944 romnANTELEPHONE Ienl mm'69Co 12 IMI6TEMOMONe evu (WI SIBIRS TELECOPIER 604)481-1549 "vam TSLEOOPIER 96-]2 •• w 106124.1023 d•d•"••"•••• 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 MUST BE COMPLETED POR POSE T116J18A#e..- I arraro g .I ABRR OF MEMBERS .�i ` r-gpi /l Ittnlfythn l llasecm by =Nnmashow- By / /ft (/� /°'f�O J' on The B Re anion by Ne members. uaIRImS retary-treasurer t rumor xk,wmtwmmn. mtwgt By "''ARA J. i reNmRe3 WW. 12/12/95 '- ".'President time oT PONT II.me and Comm nonmaterial MVSTM uax0 y(1) T4CM OR Recti) OR MTM Phew ae a s"I'ml@nLWDOe 8xnlan Oran minam IM a4f Oscar as bore" dI newts len xnlfriN OTIET OR DI If no men olbxl. than a maplry of ted 4mlma soul Nonan Oapwm q a wloMr Of dllmmTMN In nmm OF(e)1t as O6mnn, Iaan lh sasto Or mN of Tom EauP^m bof mnaen n a la -Jul m offs, Kart Ns. MNK" M 09 iUSHIT COMPLETED FORMS M Smnxr or 511oe LOien 101, Ruamu. None WE i 9,-)2 0*999 ana the peRjORmingj aRLS A �F Cwpmmm 96 Nv Sem (Sive 9, 1 Fkv), Bmem. Mme 0 01 Mf) 9174171 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