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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 ,000?4z 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.