HomeMy WebLinkAbout2013-11-25 14-022 ORDINANCECOUNCIL ACTION
Item No. 14-022
Date: November 25, 2013
Item/Subject: Ordinance, Extending a Moratorium on Charter Schools
Responsible Department:
Commentary:
Charter schools are currently allowed under Maine law. The currently statutory provisions for
charter schools impose a financial burden on the City of Bangor. 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.
On June 3, 1023, by Council Ordinance 13-194, the Council passed a moratorium on the
issuance of any Certificate of Occupancy for charter schools in Bangor while the City works to
change the existing law to eliminate the harm it does to Bangor.
Since that time the City has reached out to the State and had a meeting with a State official.
The result of that meeting included an agreement for further meetings. Those meeting have not
yet taken place.
This Ordinance, if passed, will extend the moratorium adopted by the Council in June.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Department Head
City Manager
Finance Director
Page _of_
City Solicitor
14-022
November 25, 2013
/ Assigned to Councilor Baldacci
CITY OF BANGOR
(TITLE.) Ordinance, Extending 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
WHEREAS, on June 3, 2013, by Council Order 13-194, the City Council passed a moratorium on the
acceptance or processing of applications for Certificates of Occupancy for charter schools in the City of
Bangor; and
WHEREAS, since the passage of the moratorium the City has met with a representative of State of
Maine and it was agreed that there would be further meetings; and
WHEREAS, further meetings have not yet occurred; and
WHEREAS, the problem giving rise to the need for the moratorium still exists and reasonable progress
has been made to alleviate the problem giving rise to the need for the moratorium.
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 extended as follows:
§ 1. Necessity.
Municipalities are authorized by 30-A M.R.S. § 4356(1) and 30-A M.R.S. § 4356(2) to enact and
extend moratoria:
IN CITY COUNCIL
November 25, 2013
First Reading and referral to Government
Operations Committee Meeting of
De e r 2, 2013
CITY CLEKK
IN CITY COUNCIL
December 9, 2013
Motion made and seconded for Passage
Vote: 9-0
Councilors Voting Yes: Baldacci, Blanchette, Civiello,
Durgin, Gallant, Graham, Nealley, Plourde, Sprague
Councilors Voting No: None
P s d
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CITY C RK
14-022
November 25, 2013
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(2), the Bangor City Council finds 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 and further finds that extension of 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.
§ 2. Extension of 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 extension of a 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.