HomeMy WebLinkAbout2010-09-13 10-318 - 10-326 ORDERItem/
Res
COUNCIL ACTION
Item No. i n-31 a - 10-326
Date: September 13, 2010
bject: VARIOUS COUNCIL ORDERS, Authorizing the Placement of Certain
City Charter Amendments on the November 8, 2011 Election Ballot
ble Department: City Clerk/Legal
Comm ntary:
The foll wing nine Orders would authorize placement of certain City Charter Amendments
on the ovember 8, 2011 Election Ballot for consideration by Bangor voters. These
Orders re the result of work undertaken by the Charter Review Committee, and
subseq ent review and consideration by the Council during two workshop sessions. By
previou decision, the Council chose to divide the proposed amendments over two
separat elections, in the fall of 2010 and 2011.
A PUB IC HEARING IS REQUIRED.
Department Head
Manag is Comments: Ailft-'
Interim City Manager
Associ ted Information: Orders
Budge I
Approval:
Finance D ector
Legal pproval:
ity tolic&
Passage
First Reading Page 1
Referral
city
18
September 13, 2010
Assigned to Councilor — Weston
CITY OF BANGOR
,) ORDER, Proposing Amendment to the Bangor City Charter, Article II Section 6,
the Bangor City Council authorized the formation of a Charter Review
mittee and appointed its members on November 9, 2009;
WHEREWHEREAS, the Charter Review Committee met on several occasions and reviewed
AS,
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 CITY COUNCIL, OF THE CITY OF BANGOR,
That t e following amendment to Article II Section 6 of the Bangor City Charter be placed on
the ba lot of the 2011 regular municipal election to be held November 8, 2011 for approval by
the qu lified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and
2105:
I Sec. 56 Special meetings.
Speci I meetings may be called by the n fir, and in case of his -the
abse ce, disability or refusal f that individual may be called by a majority of the
mem ers of the City Council. The City Clerkshall give to all members at least 24
ent of Fact: Deletions of the existing Charter provisions are StFUEk theuo. Additions
are
Sum
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage - ORDER
Motin Made adn Seconded to Open the
Public Hearing. Mr. Larry Willey urged
the Council to put all items on the'2010 (TiTL$O)- pr_nnc-ing Amendment to the
ballot. Motion Made and Seconded to
Close the Public Hearing. Motion Made Rangor City Charter, Article II Section
and Seconded to Amend to the election
date of November 2, 2010 Gity Council
Motion Doubted
Vote: 6-1
Councilors Voting Yes: Blanchette,
Bronson, Nealley, Palmer, Weston
& Wheeler
Councilors Voting No: Stone Assigned -to Councilor�Teston
Councilors Absent: Gratwick & Haves
Mot: n Made and Seconded for Passage as Amended
Pa d as Amended
CITY CLERK
10 r 18
The Ch rter currently provides that notice of special meetings be served to each Councilor in
person r at their residence at least 24 hours before the time for holding the special meeting.
This a endment will provide that the clerk give each council member 24 hours notice of the
time and place of the special meeting with the method of notification to be established by
Council Resolve.
Assigned to Councilor — Wheeler
CITY OF BANGOR
10 319
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article IV Section 2,
Nominations and Elections, Wardens and Ward Clerks
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 2 of the Bangor City Charter be placed on
the ballot of the 2011 regular municipal election to be held November 8, 2011 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 12 Wardens and ward clerks.
A warden and ward clerk shall be appointed as necessary by the City Clerk. The term of office,
compensation and duties of wardens and ward clerks other than as may be established by
State law, shall be established by ordinance adopted by the City Council.
Statement of Fact: Deletions of the existing Charter provisions are struck through. Additions
are underlined.
Summary:
Currently the charter provides that the city clerk appoint a warden and ward clerk in each ward.
The city no longer has multiple wards and this change omits the reference to ward and allows
the clerk to appoint warden and ward clerks as he or she deems necessary.
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 Made and Seconded to Amend to
the election date of November 2, 2010
Passed
Motion Made and Seconded for Passage
As Amended
Paed As Amended
CITY CLERK
(T1TLIW nt to the
_Baji&Qr Cit Charter, Article IV Section 2,
—Nominations and Elections, Wardens and
Wald Clerks
Assigned -to Councilor `�
/O A +
R4TED•FE r
Assigned to Councilor — Blanchette
CITY OF BANGOR
tO 320
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VI
Section 1(f), Business and Financial Provisions, Accounts and Records
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 VI Section 1(f) of the Bangor City Charter be
placed on the ballot of the 2011 regular municipal election to be held November 8, 2011
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 VIII Business and Financial Provisions (Sec. 1— Sec. 1819-)
[Amended by Referendum 11-2-1993]
M-
fnThe Finance Director shall have and perform for the City of Bangor all of the powers
and duties imposed by law upon municipal treasurers and tax collectors. For purposes
of this article one or more of the functions of the Finance Director may be delegated to
one or more designees.
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motin Made and Seconded to Open the
Public Hearing. Mr. Larry Willey
expressed his concern that this
amendment concens that this
amendment concerns the basic function
of separation of powers and delegation
of duties.
Motion made and Seconded to Close
the Public Hearing. Motion Made and
Seconded to Amend to the election date of
November 2, 2010
Passed
Motion Made and Seconded for
Passage as Amended
Passed As Amended
CITY CLERK
(T1TLIt',,)�T�yp,�,� e,nn.,rl,nant to tha Ranoor
City Charter, Article VI Section 1 (f),
Business and Financial. Provisions, Accounts
and Records
Assigned -to ConncHor_ Blanchette
V� 320
Statement of Fact: Deletions of the existing Charter provisions are struek�threagh.
Additions are underlined.
Summary:
This amendment changes the authority to delegate designees for the functions of the
Finance Director from the City Manager to the Finance Director.
._
- q NI -
: .
Statement of Fact: Deletions of the existing Charter provisions are struek�threagh.
Additions are underlined.
Summary:
This amendment changes the authority to delegate designees for the functions of the
Finance Director from the City Manager to the Finance Director.
Assigned to Councilor - Bronson
GI`T"Y OF BANGOR
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VI Section 2,
Business and Financial Provisions, Annual Audit
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 CTTY COUNCIL OF THE CITY OF BANGOR,
That the following amendment to Article VI Section 2 of the Bangor City Charter be placed on
the ballot of the 2011 regular municipal election to be held November 8, 2011 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 VIII Sec. 2 Annual audit.
All funds of any form received by city departments shall be timely deposited into the accounts
of the city, which All the aeeeunts of the eity shall be audited annually by a certified public
accountant to be chosen by the City Council, or by an accountant assigned by the state auditor.
Statement of Fact: Deletions of the existing Charter provisions are Wuek through. Additions
are underlined.
Summary:
This amendment makes clear that City funds shall be timely deposited into City accounts.
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
Seconded to Close the Public Hearing
Motion Made and Seconded to Amend to t
Election date of November 2, 2010
Passed
Motion Made and Seconded for Passage a
Amende
Pass as Amended
CITY CLERK
he
ORDER
(TITLE,)ProDosing Amendment to the Baneor
City Charter. Article VI Section 2. Business
s and Financial Provisions, Annual Audit
Assigned to Councilor1
Of BANSs",J;,
U ''A
o'
iEDD�
,f j
Assigned to Councilor - Nealley
CITY OF BANGOR
22
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VI
Section 5, Business and Financial Provisions, Purchasing of Supplies
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 VI Section 5 of the Bangor City Charter be
placed on the ballot of the 2011 regular municipal election to be held November 8, 2011
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 VIII Sec. 5 Purchasing of supplies.
The shall act as purchasing agent until
and unless the City Council by ordinance shall provide for the appointment of a
purchasing agent.
Statement of Fact: Deletions of the existing Charter provisions are struck thre.
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. Motion Made and Seconded
to Amend to the election date of
November 2, 2010
Passed
Motion Made and Seconded for Passage
As Amended Passed as Amended
3!"--w M,
ORDER
(TITLE,) Proposing Amendment to the Bangor
City Charter, Article VI Section 5, Business
and Financial Provisons, Purchasing of Supplies
Assigned to Councilor
Summary:
Currently, the charter provides that the City Manager shall act as the Purchasing Agent
when that position Is vacant. This amendment will provide that the City Manager may
appoint a designee to act as the Purchasing Agent.
no's.
'PAt ED'FE
Assigned to Councilor — Palmer
CI`T'Y OF BANGOR
10 323
September 13,2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VI
Section 17, Business and Financial Provisions, Capital Improvement Reserve
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 VI Section 17 of the Bangor City Charter be
placed on the ballot of the 2011 regular municipal election to be held November 8, 2011
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:
..
_ ...
IN CITY COUNCIL
September 13, 2010
Motin Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing. No one from the
Public came forward to speak
Notion Made and Seconded to Close
the Public Hearing
Motion Made and Seconded
to the election date of
Passed
Motion Made and Seconded
Amended
Pa ed as Amended
CITY CLERK
to Amend
November 2, 2010
for Passage as
MITL$,) ErATASine Amendment tothe Bangor
_city Charter. Article VI Section 17, Business
and Financial Provisions, Capital Improve-
ment Reserve
Assiped-to Conne110t Palner
10 z�
Statement of Fact: Deletions of the existing Charter provisions are struck eugh.
Additions are underlined.
Summary:
Currently, the City Charter provides that the City Council may appropriate annually an
amount up to the equivalent of a tax of $2 per $1,000 of assessed valuation to fund a
capital improvement fund. Currently any funding for capital reserve accounts are
included in the regular municipal budget and not funded through a separate
assessment. This amendment will remove this provision.
10 324
September 13,2010
\ 9pOR'1irD,It*
� AiED�f
Assigned to Councilor _ Weston
CITY OF BANGOR
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VI
Section 11, Business and Financial Provisions, Emergency Appropriation
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 VI Section 11 of the Bangor City Charter be
placed on the ballot of the 2011 regular municipal election to be held November 8, 2011
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:
0=6 M570111
The City Council shall have the power to appropriate in any one year, without reference
to other provisions of this charter, an amount not to exceed €etr-five percent of the
current annual budget, for the purpose of meeting a public emergency threatening the
lives, health or property of citizens; provided such appropriation shall require at least
seven affirmative votes in the Council. In the absence of available general fund reserves
or undesignated fund balance sufficient to meet such emergency appropriation, the
Council may, in accordance with the procedure set forth in section 13 of this article,
authorize the issuance of notes to fund such emergency appropriation.
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open the
Public Hearing. Mr. Larry Willey Stated
that he didn't feel this was necessary
Motion Made and Seconed to Close the
Public Hearing. Motion Made and
Seconded to Amend to the election date
of November 2, 2010
Passed
Motion Made and Seconded for Passage
as Amended
Motin Doubted
Vote: 5-2
Councilors Voting Yes: Blanchette,
Bronson, Palmer, Stone & Wheeler
Councilors Voting No: Nealley & Weston
Couilors Absent: Gratwick & Hawes
Pa =d As Amended
CITY CLERK
(T1TLE,)P7-nnnRing Amendment to the Bangor
r;tyCharter. Article VI Section 11,
Ali -Qin ss and Financial Provisions,
Fmprzencv Appropriation
Assigned -to Councilor_ wast -nn
10 324
Statement of Fact: Deletions of the existing Charter provisions are struck through.
Additions are underlined.
Summary:
This amendment will increase the amount that the Council can appropriate for the
purpose of meeting a public emergency threatening the lives, health or property of
citizens from an amount not to exceed 4% to an amount not to exceed 5%. .
Assigned to Councilor _ Wheeler
CI'T'Y OF BANGOR
10 125
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article V Section 6(d),
Administrative Officers, Powers and Duties of the City Manager
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 CM OF BANGOR,
That the following amendment to Article V Section 6(d) of the Bangor City Charter be placed on
the ballot of the 2011 regular municipal election to be held November 8, 2011 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:
(djTo attend meetings of the City Council, and
recommend for adoption such measures as he or she may deem expedient.
Statement of Fact: Deletions of the existing Charter provisions are trough. Additions
are underlined.
Summary:
The current City Charter requires that the City Manager attend all Council meetings except that
at which his or her removal is being considered. This amendment will remove that exception.
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 andSeconded to Close
the Public Hearing. Motion Made
and Seconded to Amend to the
electin date of Novermber 2, 2010
Passed
Motion Made and Seconded for Passage
as Amended
Motion Doubted
Vote: 1-6
Councilors Voting Yes: Stone
Councilors Voting No: Blanchette,
Bronson, Nealley, Palmer, Weston &
Wheeler
Councilors Absent: Gratwick & Hawes
FailTd
`-CITY CLERK
(TITLE,)_ Provosinf� Amendment to the Bangor
City Charter, Article .V Section 6 (d),
Administrative Officers, Powers and Duties
of The City Manager ,
Assigned -to
Assigned to Councilor — Blanchette
CI`T`Y OF BANGOR
10 326
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article II
Section 2, City Council, 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 of the Bangor City Charter be
placed on the ballot of the 2011 regular municipal election to be held November 8, 2011
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:
I Sec. 2 Composition, election, tenure of office, etc.
The City Council may by ordinance increase the amount members shall be
entitled to receive as compensation, provided, however, no such ordinance
increasing the Council's compensation shall take effect until e
adoption by the Gity
the beciinni oft e next fiscal vear followin
Approval f the ingrease by the voters t a publicrefers
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing. Mr. Bill
Sullivan explained that this item
does not provide for an increase
to the Council, but rather removes the
Unnecessary delay that any increase
becomes effective. Motion made and
Seconded to Close the Public Hearing
Motion Made and Seconded to Amend
to the election date of November 2, 2010
Passed
Motion Made and Seconded for Passage
as Amended
Passed his Amended
CITY CLERK
* 10-326
(UTL$,)Pro osing Amendment to the Bangor
City Charter, Article II Section 2, City
Council, Composition, Election, Tenure of
Office, etc. r
Aaalgaed-to Conocaorr1,,,,.�,prr
16 326
Statement of Fact: Deletions of the existing Charter provisions are StFuelEthrauo.
Additions are underlined.
Summary:
The City Charter currently provides that any increase in Council compensation not be
effective until three years after the City Council approved the increase. This
amendment removes that restriction. The requirement of a public referendum to
approve a compensation increase remains in the Charter.