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HomeMy WebLinkAbout2010-04-20 Infrastructure Committee Minutes Infrastructure Committee Tuesday, April 20, 2010 Minutes Councilors Attending: Patricia Blanchette, Susan Hawes, Harold Wheeler, Cary Weston, Richard Stone Staff Attending: Jim Ring, Ron Gastia, Paul Nicklas Others Attending: Richard Hatch of Holden with business in Bangor, Eric Russell with the Bangor Daily News Committee convened at 5:02 p.m. 1. Easement Request: Bangor Hydro Electric – Discontinued Portion of Lancaster Avenue Jim Ring stated Bangor Hydro Electric was interested in re-energizing a power line at an undeveloped portion of Lancaster Avenue between Essex Street and Broadway. The fifty foot undeveloped portion was never a public way and was never built but had a transmission line at one time. City property abuts to this portion of Lancaster Avenue, thus they needed to secure an easement from the City along with the other abutter. Staff recommended. Councilor Stone spoke on behalf of Councilor Bronson who was not present. Councilor Bronson was concerned about giving Bangor Hydro an easement forever and questioned would this eliminate the ability for other utilities to locate and utilize the location. Jim noted it would not limit or exclusive rights would not be strictly to Bangor Hydro. Councilor Blanchette moved Staff recommendation and Councilor Wheeler seconded with no other objections. This would appear under Consent th on the Council Agenda for the 26. 2. Marijuana Dispensaries Paul Nicklas stated that on April 7, 2010 the Maine Legislature passed a revised version of the medical marijuana law that was voted on in November at referendum. The provisions as amended would be:  Patients may cultivate their own marijuana or go through a registered dispensary.  During the first year the Act is in effect, only one dispensary will be allowed in Penobscot and Piscataquis Counties combined. 1  Dispensaries may not be located within 500 feet of a school.  A dispensary may have a separately located facility for cultivation of marijuana.  The State Department of Health and Human Services is to adopt rules regarding registration of dispensaries and minimum oversight and security requirements by July 1 of this year.  Municipalities may limit the number of dispensaries that may operate in the municipality and enact reasonable regulations on dispensaries. (Note the word zoning was taken out from the previous version) Paul noted a new version of the LDC amendment, which would allow dispensaries in most commercial and industrial areas of the City, except downtown and at the airport. It would also not allow dispensaries within 300 feet of schools, churches, parks, and residences. Cultivation facilities would be allowed in industrial zones, either in the same building as a dispensary or as a stand-alone facility associated with a dispensary. Paul outlined the different areas of the referenced map. The pink areas dispensaries would be allowed. Pink with white hatched areas both cultivation and dispensaries would be allowed. Gray represented residential. Tan or orange areas were education and youth facilities. Blue areas were places of worship. Light green areas were parks and cemeteries. Councilor Stone suggested this item go to Council for first reading. Councilor Hawes stated more time was needed to work on the Ordinance. Jim Ring asked about the consideration of the 300’ – 500’ buffer. Ron Gastia was concerned with proposed buffer being less and would like to see it increase to 1000’. Councilor Blanchette wondered what stage the State was in at finalizing and who would decide between Penobscot and Piscataquis counties. Paul noted the th effective date of April 7 and the Health and Human Services was given until st July 1 to enact regulations regarding oversight, regulations, etc. Facilities could not start to register until after that happened and also responded to Councilor Blanchette that the State would decide on the counties. Councilor Blanchette was in favor of a moratorium and asked how long. Councilor Wheeler asked if the City could enact an Ordinance to prohibit these establishments in Bangor. Councilor Hawes noted if there was a moratorium it would be a setup for potential legal issues. There was continued discussion of a moratorium. Councilor Wheeler suggested distribution of the State legislation, and requested the number of yes or no votes be provided to Councilors prior to Ordinance consideration. Paul continued to highlight the amendments. Ron Gastia thought there should be more restrictive regulations, impose more regulations on security measures, and to look at the regulations in more detail regarding more restrictive when issuance of a permit. Richard Hatch stated the dispensaries should not be placed on the out skirts of the City. 2 Councilor Hawes recommended bringing back to this Committee before going to Council. Councilor Wheeler thought it should go to full Council with the comments from Mr. Hatch, the medical community, and from opposition. Councilor Hawes noted the change to 1000’ buffer, cultivation facility area security, and regulating permits. Councilor Blanchette opposed Councilor Wheeler’s recommendation and stated it was not ready for Council. Councilor Blanchette motioned and Councilor Wheeler seconded for return of the item to th May 5 Infrastructure Committee. Jim stated that Legal, Code, Planning, and Bangor Police would get together to revise. Councilor Hawes noted the request for a copy of the law and a map would be provided. Councilor Blanchette moved to adjourn at approximately 6:28 p.m. 3