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HomeMy WebLinkAbout2010-08-23 10-297 ORDER10-297 September 2, 2010 �_. Assigned to Councilor- Wheeler CITY OF BANGOR 00��6�ry2� gTED,f -•. (TITLE.) ORDER, Scheduling a Public Hearing on Proposed Amendments to the Bangor City Charter BY THE CITY COUNCIL OF THE CITY OF BANGOR, BE IT ORDERED THAT amendments to the Bangor City Charter be considered. THAT the City Clerk is hereby authorized and directed, pursuant to 30-A M.R.S.A §2104, to provide for published notice of a public hearing to be held on September 13, 2010 at 7:30 p.m. in the City Council Chambers for the purpose of considering proposed amendments to the Bangor City Charter, the text of said proposed amendments and an explanation thereof being as follows: Question 1: Shall the municipality approve the charter modifications to the recall provisions as summarized below? 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 Question 2: Shall the municipality approve the charter modifications to indicate that the candidate in an election who receives the highest number of votes fills the vacancy of a municipal official with the longest term available? IN CITY COUNCIL September 2, 2010 Motion Mad4e and Seconded for Passage F* F 1, i i TL— �Wr!b ORDER (TITLE, Scheduling a Public Hearing on Proposed Amendments to the Bangor City Charter Assigned to Councilor 10-297 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. Question 3: Shall the municipality approve the charter modifications to increase the time for a candidate to accept the nomination from 20 days to 60 days? 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. Question 4: 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" • 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" Question 5: Shall the municipality approve the charter modifications to provide a schedule to swear in City Councilors and School Committee members who are elected at special elections? 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. Question 6 Shall the municipality approve the charter modifications to increase the period of time that a City Councilor shall not be eligible for election from one year to two years after completing three full consecutive terms. Summary: This amendment will increase the period of time that City Councilors are not eligible for election from one to two years after they have served three consecutive terms. Question 7 Shall the municipality approve the charter modifications to change the terms of notes from not exceeding 10 years to not exceeding 20 years? 10-297 Summary: This amendment will allow the city to issue 20 year notes. Question 8 Shall the municipality approve the charter modifications to change the target for the undesignated fund balance from no more than 10% to no more than 15% of the operating budget excluding debt for the general fund and to remove the target balance of 5% of the previous year's expenditures less debt service? 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. Question 9 Shall the municipality approve the charter modifications to include a provision that the city shall have an ethics ordinance? Summary: 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. Question 10 Shall the municipality approve the charter modifications to state that no immediate family member of a sitting City Councilor shall serve on any board, committee or commission of the City of Bangor during the City Councilor's term and that immediate family member shall be defined as spouse, children, sibling, including step, half and in-law relations, and domestic partners? Summary: This amendment will prohibit the immediate family member of a sitting City Councilor from serving on any City board, committee or commission. This provision shall not apply to any immediate family member of a sitting City Councilor on a board, committee or commission on the date of adoption of this provision for the remainder of the term of the immediate family member. Question 11 Shall the municipality approve the charter modifications to change the method of notice to City Councilors for special Council meetings? Summary: The Charter currently provides that notice of special meetings be served to each Councilor in person or at their residence at least 24 hours before the time for holding the special meeting. This amendment 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. Question 12 Shall the municipality approve the charter modifications to amend the Charter to omit reference of ward for the appointment of wardens and ward clerks? 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. 10-297 Question 13 Shall the municipality approve the charter modifications to allow the finance director, rather than the city manager, to delegate the duties of the finance director? Summary: This amendment changes the authority to delegate designees for the functions of the finance director from the city manager to the finance director. Question 14: Shall the municipality approve the charter modifications to require that all funds received by City departments shall be deposited into accounts of the city? Summary: This amendment makes clear that City funds shall be deposited timely into City accounts. Question 15: Shall the municipality approve the charter modifications to allow the city manager to appoint a designee to act as purchasing agent? 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. Question 16 Shall the municipality approve the charter modifications to remove the Capital Improvement Reserve article in its entirety? 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. Question 17 Shall the municipality approve the charter modifications to increase the amount that the City Council can appropriate in any one year for the purpose of meeting a public emergency? 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%. . Question 18 Shall the municipality approve the charter modifications to allow the city manager to attend Council meetings at which his or her removal is being discussed? 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. Question 19 Shall the municipality approve the charter modification to remove the provision that any increase in Council compensation not be effective for a period of three years after the date adopted by the Council? 10-297 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.