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HomeMy WebLinkAbout2010-09-13 10-308 - 10-317 ORDERCOUNCIL ACTION Item No. i n-gos - i n-317 Date: September 13, 2010 Item/Subject: VARIOUS COUNCIL ORDERS, Authorizing the Placement of Certain Proposed City Charter Amendments on the November 2, 2010 Election Ballot Responsible Department: City Clerk/Legal Commentary: The following ten Orders would authorize placement of certain City Charter Amendments on the November 2, 2010 Election Ballot for consideration by Bangor voters. These Orders are the result of work undertaken by the Charter Review Committee, and subsequent review and consideration by the Council during two workshop sessions. By previous decision, the Council chose to divide the proposed amendments over two separate elections, in the fall of 2010 and 2011. A PUBLIC HEARING IS REQUIRED. Department Head Manager's Comments: Interim City Manager Associated Information: Orders Budget Approval: Legal Approval: Introduced x Passage First Reading Referral 4,a4-,, 0941 Finance ector City Solici or Page 1 Assigned to Councilor - Blanchette CITY OF BANGOR September 13, 2010 (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article IV Section 11, Recall WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on .lune 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CM COUNCIL OF THE CITY OF BANGOR, That the following amendment to Article IV Section 11 of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: Art VI Sec. 11 Recall. [Amended 11-7-1989] Atly member of the Bangor City Council or School Committee may be recalled and removed from elected office by the voters of the City as herein provided. (A)- procedure. An istered voters of the Ci may in the recall procedure b .l.�.L Y terrf�i�4-reg City Y �9� P Y signing and filing with the City Clerk an Request for Recall affidavit -containing the name of the member of the City Council or Superintending -School Committee whose removal is sought together with a statement with the reason for the recall. -The City Clerk shall then prepare recall petition forms with a copy of the a€fidavit-Rgquest for BX& I attached thereto. Thereafter, the Clerk shall, during regular business hours, for the following sixty (69) business-_Qdays, keep the petition open for signature by registered voters of the City. In addition, the City Clerk shall also cause petition forms, IN CITY COUNCIL September 13, 2010 #�p_�ng Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing ORDER Mr.Bill Sullivan urged the Council to send all the Issues to the voters this year and suggested that they consolidate issues into fewerITLE � ,Proposing Amendment to the Bangor questions. Mr. Brad Saucier Questioned whether City Charter, Article IV Section 11, Recall these changes would reduce account- ability of councilors by making it more difficult to recall councilors. Motion Made and Seconded to Close the Public Hearing Motion Doubted Vote: 7-0 Councilors Voting Yes: Blanchette, Bronson, Nealley, Palmer, Stone, Assigned to Councilor Weston & Wheeler councilors Voting No: None Councilors Absent: Gratwick & Hawes Pas CITY CLERK the attaehed , to be prepared and made available for circulation during said sixty {60 busipe 3kdays by wl-registered voters of the City. The number of petition forms and attached affidavit eepieRMuest for Recall copies te-shall be made available W the clerk in Increments of 10 ggges. un to 100 total pAges, hall be able to aeeemmedate signatures of a least thirty (30) per eent eF the registered Yeters of the ,for an offical sought to be recalled. . No voter may sign the petition more than once. At the expiration of said sW (60}business3Q days, or upon the Clerk ascertaining that the mired number of signatures have been presented to the Clerk, whichever occurs first. the Clerk shall declare the petition closed. The circulating of petition forms and filing of the same With the Clerk must be accomplished prior to the expiration of said sixty (60)3kdays. The Cwt Clerk shall not accept any petition form circulated without also receiving an affidavit from said circulator stating that all of the signatures were affixed in the circulator's presence; that the circulator believes them to be genuine signatures of the persons they purport to be; and that every signor had an opportunity before signing to read the full text of the recall petition and affidavit attachment. W LLLCertification of said -recall petition. Within ten (18)-10 days after the closing of the petition, the Clerk shall ascertain whether or not the number of valid signatures on the petition is equal to at least t%anp,y,{28}10 percent of the number ef-of all registered voters at the time the Request for Recall was filed with the Cler!L.peFsens Yeting in the last regular Municipal eleetien. The Clerk shall attach to said petition, a certificate showing the results of such examination. If the petition is found to have insufficient valid signatures, the Clerk shall notify the Council Chair of the results take me fidi;ther aeUen and the petition will be considered to be null and void. Similar recall petitions against the same official for substantially the same reason shall not be filed for one year from the date of the Clerk's certification. (Q-- Calling of recall election. If the petition shall be certified by the Clerk to have sufficient valid signatures, the Clerk shall submit the petition with the Clerk's certificate to the City Council at its next regular meeting and shall notify the member of the City Council or Superendfg School Committee whose recall is sought by such petition. The City Council shall thereupon, within ten {48ydays after the receipt of the City Clerk's certificate, order an election to be held not less then €eta ("A -nor more than sixty (60-} 60 -days thereafter; provided that if a scheduled election is to occur within g0)90 days after the receipt of said certificate, the City Council may, in its discretion, provide for the holding of a recall election on the same date. of s eh muni ipal eleeti ' In the event the individual named in a successful recall petition chooses to resign the Council will declare the office vacant and no Recall election will be held Vacancies will be filled in the manner prescribed in Section 2 of this Article for filling vacancies occurring at times other than expiration of terms The Feeall e lect`en shall be Called and held, and nerninatiens made as on etheF eleetiens under this GhaFteF exeept fer the Within 10 days after the Cily Council orders a recall election the Clerk shall make available nomination letitions to candidates for a possible subsequent election to fill any vacancies created by the recall election Such petitions shall require the number of signatures specified in Sec 3 of this Article and shall be returned to the Clerk within five days after the recall election and only if a vacancy then exists. M LThe sample ballot for a recall election is removed in the proposed charter revisionl (d) Form of ballot in recall elections. The form of the ballot shall, as nearly as possible be: "Shall (name and title of official) be recalled?" The reason for the recall as presented in the Request for Recall shall be included in the statement following the Yes or No indicator. (e�Majority vote required; choosing of successor. In case a majority of those voting in the recall election of any official shall vote in favor of recalling such official, he or she shall thereby be removed from office, effective upon certification of the election results by the City Clerk. If the recall succeeds the City Council shall schedule an election within 30 days of the recall election for the purpose of electing_ candidates to fill any vacancies created by the recall election. If a scheduled election is to occur within 90 days after the receipt of the Clerk's certificate for the recall election, the City Council may, in its discretion, provide for the holding of the election on the same date. The contents and form of the ballot shall be the same as provided in Sec 8 of this Article. term ef effliee te whoeh he eF she had been eleeted, the efflee shall Femain unfilled until the neA eF her temn ef efflee, the eandidate te Feplaee horn eF heF feF the balance ef the unexpired term (.' Fesigned within ten (10) days after the Fereempt by the Gity Geuneil of the Gity Glerk's eeftifleate, the faFm ei the ballet sha" be pFinted substantially as s GKy Gounell Recall Mote YesorNo { Affir YES NO City Gouncill Reeall Candidates Te serve unexpired term of (Narn • OM mr - - - - -- - -IF- - - MIN, M Statement of Fact: Deletions of the existing Charter provisions are struelcthrough. Additions are underlined. Summary: This amendment provides for an increase in the number of signatures to start the recall process, requires that a reason be stated for the recall, will reduce the number of days of to collect petition signatures, as well as other changes described below: • Increases the number of required signatures to start the recall process from 10 to 100 • Requires those seeking a recall to state a reason for the recall and include the stated reason on the recall petitions • Reduces the number of days to collect petition signatures from 60 business days to 30 calendar days • Allows the clerk to provide recall petition signature forms in increments of 10 pages • Allows the petition to be closed when the clerk determines that a sufficient number of signatures has been obtained • Changes the number of petition signatures required from 20% of the total number of who voted in the last regular municipal election to 10% of all registered voters at the time of the request for recall • Provides for a prohibition to recall the same official for the same reason for one year • Amends the charter to establish a procedure for nominations and election of candidates to fill vacancies created by a recall election and to change the form of ballot • Allows for the city council to schedule the recall election to coincide with a scheduled election if that scheduled election is within 90 days of the certification of the recall petitions • Allows for the city council to schedule an election to fill vacancies created by a recall election to coincide with a scheduled election if that scheduled election is within 90 days Assigned to Councilor - Bronson CITY OF BANGOR September 13, 2010 (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article II Section 4 and Article III Section 4, Vacancies WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on June 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the following amendment to Article II Section 4 and Article III Section 4 of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: Art VI Sec. 2 Vacancies [Content of this Section taken from the former Section 4 of Article II] When an election is held to fill two or more vacancies with different terms the candidate with the highest number of votes shall fill the longest term the one receiving the second highest number of votes shall fill the second longest term, and continuing in this manner until all vacancies have been filled. Statement of Fact: Deletions of the existing Charter provisions are struek threagM. Additions are underlined. IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the Public came forward to speak Motion Made and Seconded to Close the Public Hearing Passed CITY CLERK ORDER (TITLE,) Proposing Amendment to the Bangor City Charter, Article II Section 4 Vacancies Assigned to Councilorew�S� �.� Summary: This change addresses those circumstances where there may be multiple vacancies on the School Committee or the City Council with varying terms remaining that need to filled at one time. The one receiving the highest number of votes fills the longest term, the one receiving the second highest number of votes fills the second longest term, and continuing in this manner until all vacancies are filled. A AN�O,p f. �AgiED.FE �' Assigned to Councilor— Nealley CI`T'Y OF BANGOR September 13, 2010 (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article IV Section 5, Nominations and Elections, Filing Nomination Papers; Acceptances of Nominations Must Be Filed WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on June 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the following amendment to Article IV Section 5 of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: Art yI Sec. 5 Filing nomination papers; acceptances of nominations must be filed. (Amended 11-7-1989] The nomination petitions for any one candidate shall be assembled and united into one petition, and filed with the City Clerk not earlier than 80 nor later than 60 days before the day of election, except that different intervals apply in those contingent elections which may follow a Recall election. No nomination shall be valid unless the candidate shall file with the City Clerk in writing not later than 6029 days before the day of election, his or her consent accepting the nomination, agreeing not to withdraw, and, if elected, to qualify. IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing, No one from the Public came forward to speak Motion Made and Seconded to Close the Publ c Hearing Pas d CITY CLERK ORDER (TITLE,) Proposing Amendment to the Bangor City Charter, Article IV Section 5 Nominations and Elections, Filing Nomination Papers; Acceptances of Nominations Must be Filed Assigned to Councilor G L -o Statement of Fact: Deletions of the existing Charter provisions are struck ugh. Additions are underlined. Summary: Currently the candidates for municipal office must state, in writing, that he or she will serve if elected, no later than 20 days before the election. This change will Increase the time that the candidate must provide this statement to 60 days before the election. This change will enable the clerk to finalize the candidate list so that absentee ballots may be timely printed. Assigned to Councilor - Palmer CITY OF BANGOR September 13, 2010 (TITLE.) ORDER, Proposing Amendments to Various Sections of the Bangor City Charter for Technical Houskeeping Changes Including Making the Charter Gender Neutral, Correcting Punctuation, Correcting Grammar and Changing Number Sequences WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on June 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the following amendments to various sections of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: Shall the municipality approve the charter modifications that are technical changes, including making the charter gender neutral, correcting punctuation, correcting grammar, and changing numbering sequence? Summary: This amendment will make technical housekeeping changes to the charter including making the charter gender neutral, correcting punctuation, correcting grammar, and changing numbering sequences. • Corrects Capitalization and punctuation • Makes the charter gender neutral by replacing the term "chairman" with "chair", replaces "councilman" with "councilor", replaces "his/he" with "a" or "the" IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing, No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Pasd2d k ---CITY CLERK ORDER (TITLE,) Proposing Amendments to Various Sections fo the Bangor City'Charter Technical Housekeeping Changes Including Making the Charter Gender Neutral, Correcting Punctuation, correcting Grammar and Cng ng ences Assigned -to Councilor Palmer to 311 • Adds some possessive nouns to clarify certain areas and improve readability • Removes specific action dates that have already passed • Renumbers section by changing section IIA to Section III, and then continuing to renumber sequentially after that section • Replaces "justice of the peace" with "dedimus justice" or `notary public" • Changes the name of the "Superintending School Committee" to "School Committee" Assigned to Councilor — Weston CITY OF BANGOR L 12 September 13, 2010 (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article II Section 5, Regular Meetings and Qualifications and Article IIA Section 5, Oath of Office WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on June 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the following amendment to Article II Section 5 and Article IIA Section 5 of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: Arm Sec.!! S Regular Meetings and Qualifications. The City Council shall meet at the usual place for holding meetings at ten o'clock A.M., on the first Monday in November following the regular city election, and at said meeting the councilors -elect shall be sworn to the faithful discharge of their duties by the city clerk or a dedimus justice. Members elected at other than regular cityelections will be sworn in at the first regular meeting of the Council following their election. Art III Sec. 4'5 Oath of Office. IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one form the public came forward to speak Motion Made and Seco ed to Close the Public Hearing Pas _ CITY CLERIC ORDER (TITLE,)Proposing Amendment to the Bangor City Charter, Article II Section 5. Regular Meetings and Qualifications and Article 11A Section 5, Oath of Office Assigned to Councilor Wactnn The School Committee shall meet at the usual place for holding meetings at eleven o'clock A.M. on the first Monday e -in November following the regular City Election and at said meeting the members -elect of the School Committee shall be sworn to the faithful performance of their duties by a gustiee of the Peaee e by the City Clerk or a dedimus judge. Members elected at other than regular city elections will be sworn in at the first meeting of the School Committee following their election. Statement of Fact: Deletions of the existing Charter provisions are struck threugb. Additions are underlined. Summary: Currently.. the charter is silent for when City Councilors or School Board members elected at a special election are sworn to office. This change will provide that they will be sworn in at the first regular meeting of their respective boards following their election. Assigned to Councilor _ Wheeler CITY OF BANGOR September 13, 2010 (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article II Section 2, City Council, Composition, Election, Tenure of Office, etc. and Article IIA Section 2, Superintending School Committee, Composition, Election, Tenure of Office, etc. WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on June 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the following amendment to Article II Section 2 and Article IIA Section 2 of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: Art II Sec. 2 Composition, election, tenure of office, etc. [Amended 11-7-1989; 11-6-2001; 11-4-20031 Effeetive the first day fellewing the regularly sehedule 2008 munieipal No person may serve as a member of the City Council for more than three {3} -complete consecutive terms. A member shall not again be eligible for election for a period of two years after completing three full consecutive terms. Present or previous service by IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing, No One from the Public came forward to speak Motion Made and Seconded to Close the Public Hearing Motion Doubted Vote: 3-4 Councilors Voting Yes: Nealley, Palmer & Stone Councilors Voting No: Blanchette, Bronson, Weston & Wheeler Counc ors Absent: Gratwick & Hawes Fail CITY CLERK ORDER (TITLE,) P-roUncing Amendment to the Rangor City Charter, Article II Section 2, City Council Composition, Election, Tenure of Office, Etc. and Article 11A Section 2, Superintending School Committee, Composition, Election, Tenure of Office, etc. Assigned to Councilor WhpPl Pr Council members in office when this charter revision is presented to the voters shall not be considered in determining eligibility under this two -year -interval provision. Art III Sec. 2.1 Term Limitation. • ' 1 • . • . •1 - • • • -� • • •1 •�• • •IL i •` • 1 - � 1 • • - - ice• �• • � • •� a a- �• •- • - • • •- • - •IkMAD• Statement of Fact: Deletions of the existing Charter provisions are s#ruek threagb. Additions are underlined. Summary: This amendment will increase the period of time that City Councilors and Superintending School Committee members are not eligible for election from one to two years after they have served three consecutive terms. Assigned to Councilor - Blanchette GITY OF BANGOR 1t) : 14 September 13, 2010 (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VII Section 13(b), Business and Financial Provisions, Issuance of Bonds and Notes WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on June 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the following amendment to Article VII Section 13 (b) of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: LTerm. Every issue of bonds shall be payable within a fixed term of years, the term of such bond to not exceed the estimated period of utility of the interests, public improvements, equipment or other items purchased with the proceeds from the sale, but the declaration of the City Council embodied in the order authorizing the issue shall be conclusive determination of the estimated period of utility thereof; and the term within which all bonds shall be made payable shall in no case exceed 30 years. Notes Issued in accordance with this section shall be for a term not exceeding ten?Q (l-0) years, or for a term not exceeding the estimated period of utility of the interests, public IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing, no one from the Public came forward to speak Motion Made and Seconded to Close the blic Hearing Passa — CITY CLERK QUER (TITLE,) Prnnosjnfd Amendment to the Bangor City Charter, Article VII Section 13(b), Business and Financial Provisions, Issuance of Bonds and Notes Assigned -to Cooneilor�1 10 '-'14 improvements, equipment or other items to be funded, whichever is less. Any issue of bonds or notes may be made callable before maturity by appropriate recital in the order authorizing the borrowing. Statement of Fact: Deletions of the existing Charter provisions are stmEk through. Additions are underlined. Summary: This amendment will allow the City to issue 20 year notes. Assigned to Councilor - Bronson CITY OF BANGOR September 13, 2010 (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VI Section 16, Business and Financial Provisions, Undesignated Fund Balance WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on 3une 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the following amendment to Article VI Section 16 of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: The City Council shall target an undesignated fund balance of no more than 4-G%15% of the operating budget, excluding debt for the General Fund. The target balanee shall be e Statement of Fact: Deletions of the existing Charter provisions are stmek thre Additions are underlined. Summary: This amendment will increase the maximum amount of the targeted fund balance from 10% to 15% of the operating budget excluding debt for the general fund. The City Charter currently requires that the target balance be 5% of the previous year's expenditures less debt service and this amendment will remove that provision. IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing Mr. larry Willey expressed that the current 10Z target is adequate and felt that increasing to 15Z was unnecessary. Mr. Sullivan urged the council to have this item as a stand alone question on the ballot, if passed. Finance Director Cyr stated that the 15Z is simply a goal to reach to cover unexpected expenses or un- foreseen cuts in revenue. Motion Made and Seconded to Close the Publi Hearing Motion Doubted Vote: 3-4 Councilors Voting Yes: Blanchette, Brownson & Stone Councilors Voting No: Nealley, Palmer, Weston & Wheeler Councilors Absent: Gratwick & Hawes FalAd C-M CLERK (TITLE,) Proposing Amendment to the Bangor City Charter, Article VI Section 16, Business and Financial Provisions, Undesignated Fund Balance Assigned to Councilor Xf* floac Assigned to Councilor _ Nealley CITY OF BANGOR �: . 16 September 13, 2010 (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, to Include a Provision for a Code of Ethics WHEREAS, the Bangor City Council authorized_ the formation of a Charter Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS, The Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on June 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That the following amendment add a provision for a Code of Ethics of the Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and 2105: ARTICLE IV Code of Ethics (Sec 1— 2) [New Articlel Art IV Sec 1 Protecting government integrity The proper operation of government requires that public officials be independent, impartial and responsible to the citizens; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. The City Council shall maintain a comprehensive "Conflict of Interest" or "Ethics" ordinance for itself and the School Committee to further the policy set forth in this section and to promote the objective of protecting the integrity of City government against actual or IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing, no one from the public came forward to speak. Motion Made and Seconded to close the Public Hearing Passed CITY CLERK ORDER (TITLE, Proposing Amendment to the Bangor City Charter. to include a Provision for Code of Ethics Assigned to Councilor reasonably perceived conflicts of interest without creating unnecessary barriers to public service. t of Fact: Deletions of the existing Charter provisions are struck through. are underlined. The city currently has an Ethics Ordinance in the City Code. This amendment will add to the City Charter a requirement that the City maintain a comprehensive ethics ordinance for itself and the School Committee. 10 %A 7 September 13, 2010 Assigned to Councilor - Palmer CITY OF BANGOR (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, to Add a Provisi n to Prohibit Immediate Family Members of Sitting City Councilors from Serving on Boards. Committees or Commissions WHEREAS, the Bangor City Council authorized the formation of a Charter (Review Committee and appointed its members on November 9, 2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; WHEREAS,, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on )une 28, 2010; WHEREAS,, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF That a following amendment to add a provision to prohibit immediate family members of si ng City Councilors from serving on boards, committees or commissions of the Bang r City Charter be placed on the ballot of the 2010 regular municipal election to be held ovember 2, 2010 for approval by the qualified voters of the City of Bangor in acco ance with Title 30-A M.R.S.A. §§2104(1) and 2105: IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing. Mr. Charles Boothby expressed that he felt that a prohibition of family members is short-sighted and addresses an non -existing problem. Motion Made and Seconded to Close the Public Hearing. Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to strike out the following language: "This provision shall not apply to any immediate family member of a sitting City Councilor on a board, committee or commission of the date of adoption of this provision for the remaider of the term of the immediate family member" Vote of Amendment: 5-2. Councilors Voting Yes: Blanchette,Bronson, ORDER (TITLE,)_ Pronnwing Amendment to the Bangor City Charter, To add a Provision to Prohibit Immediate Family Members of Sitting Councilors from Serving on Boards. Committees or Commissions Assigned -to Conneffor 1 e Nealley, Weston & Wheeler Councilors Voting No: Palmer & Stone Councilors Absent: Gratwick & Hawes Motion Made and Seconded to Move as Amended Pass As Amended CITY CLERK This i from apply or coy the in 10 %� 17 t of Fact: Deletions of the existing Charter provisions are struck through. are underlined. %ndment will prohibit the immediate family member of a sitting City Councilor ving on any City board, committee or commission. This provision shall not any immediate family member of a sitting City Councilor on a board, committee Fission on the date of adoption of this provision for the remainder of the term of ediate family member. 10-317 September 13,2010 Amended Assigned to Councilor CITY OF BANGOR (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, to Add a Provisi n to Prohibit Immediate Family Members of Sitting City Councilors from Serving on Boards, Committees or Commissions WHEREAS, the Bangor City Council authorized the formation of a Charter Review Committee and appointed its members on November 9..2009; WHEREAS, the Charter Review Committee met on several occasions and reviewed all provisions of the Bangor City Charter; :EAS, the Charter Review Committee presented its final report with its recommendations for amendments to the Charter to the Bangor City Council on June 28, 2010; WHEREAS, any amendments to the Bangor City Charter require a vote of the citizens of the City of Bangor; THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF That he following amendment to add a provision to prohibit immediate family members of Ii ng City Councilors from serving on boards, committees or commissions of the Bang r City Charter be placed on the ballot of the 2010 regular municipal election to be held ovember 2, 2010 for approval by the qualified voters of the City of Bangor in acco ance with Title 30-A M.R.S.A. §§2104(1) and 2105: This i from apply or coi the in t of Fact: Deletions of the existing Charter provisions are struck through. are underlined. :ndment will prohibit the immediate family member of a sitting City Councilor ving on any City board, committee or commission. This provision shall not any immediate family member of a sitting City Councilor on a board, committee Fission on the date of adoption of this provision for the remainder of the term of rdiate family member.