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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.