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
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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.
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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
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effective date of April 7 and the Health and Human Services was given until
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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.
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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
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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.
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