HomeMy WebLinkAbout2013-06-03 13-194 ORDINANCECOUNCIL ACTION
Item No. 13-194
Date: June 3, 2013
Item/Subject: Ordinance, Enacting a Moratorium on Charter Schools
Responsible Department: School Department
Commentary: This Ordinance will establish a moratorium on the issuance of certificate of
Occupancy for charter schools in Bangor while the City works to change the existing law to
eliminate the harm it does to the City of Bangor.
Charter schools are currently allowed under Maine law. Based upon the current statutory
framework, charter schools impose a financial burden on the City of Bangor by redirecting
funding from public schools to Charter Schools. On average charter schools take $9,000 per
child, in state and local funding, away from the Bangor School Department for any Bangor child
that goes to a charter school.
The Maine charter school law also does not adequately address the source of funding for home
schooled children who decide to go to charter schools. The shortcomings in the law adversely
impact the citizens of Bangor, creating a public harm. The appropriate way to address this is
through a complete and thorough review of Maine charter schools law to ensure that it is
amended in such away so as to protect the City of Bangor for the current negative impacts.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
X First Reading
Referral
Department Head
ca `M, O,
City Manager
Finance Director
Page _of_
Solicitor
13-194
JUNE 3, 2013
Assigned to Councilor Ealdacci
CITY OF BANGOR
9 4TED.
(TITLE.) Ordinance, Enacting a Moratorium on Charter Schools
WHEREAS, charter schools are currently allowed under Maine law; and
WHEREAS, the currently statutory provisions for charter schools impose a financial burden on the
Bangor School Department, the City of Bangor, its citizens and taxpayers.; and
WHEREAS, on average charter schools take $9,000 per child, in state and local funding, away from the
sending school; and
WHEREAS, current Maine law regarding charter schools does not adequately address the source of
funding for home schooled children who decide to go to charter schools; and
WHEREAS, the City Council of City of Bangor advocates for a complete and thorough review of Maine
charter schools law to ensure that it is amended in such away so as to protect the City of Bangor for
the current negative impacts; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS,
A moratorium on the acceptance or processing of applications by the Code Enforcement Officer for
Certificate of Occupancy for charter schools is enacted as follows:
§ 1. Necessity.
Municipalities are authorized by 30-A,M.R.S. § 4356(1) to enact moratoria:
A. To prevent a shortage or an overburden of public facilities that would otherwise occur
during the effective period of the moratorium or that is reasonably foreseeable as a
result of any proposed or anticipated development; or
B. Because the application of existing comprehensive plans, land use ordinances or
regulations or other applicable laws, if any, is inadequate to prevent serious public harm
from residential, commercial or industrial development in the affected geographic area.
In accordance with § 4356(1), the Bangor City Council finds that a moratorium on the
acceptance or processing of applications or issuance of Certificates of Occupancy for charter
schools preventing the development of charter schools in the City of Bangor is necessary and
warranted in order to allow sufficient opportunity to seek to change existing Maine law to
eliminate the negative impacts of Maine's charter school law.
IN CITY COUNCIL
June 3, 2013
First Reading and Referral to Government Operations
Committee Meeting of June 17, 2013
� 1 4'.. � C/ �?- . I
CITY tLERK
IN CITY COUNCIL
June 24, 2013
Motion made and seconded for Passage
Vote: 9-0
Councilors Voting Yes: Baldacci, Blanchette, Civiello,
Gallant, Hawes, Longo, Nealley, Sprague, Durgin
Councilors Voting No: None
P s
j -
CITY CrIlm
13-194
JUNE 3, 2013
§ 2. Moratorium on acceptance of or processing of applications or issuance of Certificates of
Occupancy for charter schools in the City of Bangor.
The Bangor Code Enforcement Office shall not accept or process any applications for
Certificates of Occupancy for charter schools in the City of Bangor while this moratorium is in
effect.
§ 3. Term.
This moratorium shall continue for 180 days from the date of passage. It may be extended for
additional 180 -day periods in accordance with 30-A M.R.S. § 4356(2) upon a finding by the
Bangor City Council that the problem giving rise to the need for the moratorium still exists and
reasonable progress is being made to alleviate the problem giving rise to the need for the
moratorium.