HomeMy WebLinkAbout2010-05-04 Infrastructure Committee Minutes
Joint Infrastructure Committee/Citizen Review Panel
Tuesday, May 4, 2010
Minutes
Councilors Attending: Patricia Blanchette, Susan Hawes, Harold Wheeler, Geoffrey
Gratwick
Staff Attending: Jim Ring, Brad Moore, Paul Nicklas, Jeremy Martin
Others Attending: John Cashwell-Chair/CRP, Lucy Quimby-Marsh/Mall Commission,
Joyce Hedlund-President EMCC, Charles Rohn-VP/Darlings,
George Elliott-Representing Environmental Community,
Richard Hatch
Committee convened at 5:02 p.m.
1. Sewer Abatement Request: 439 Hammond Street, Account #6512704
Councilor Blanchette motioned, seconded by Councilor Wheeler without
discussion.
4. Citizens Review Panel Update of Activities
This item was next.
The Penjajawoc Watershed Citizen Review Panel was created by the Council to
provide feedback regarding the Penjajawoc Watershed Management Plan and
matters of stormwater. The Panel was required to meet with the Infrastructure
Committee three times this year. The Panel had met one/two times a month and
focused on recommendations for stormwater utility district, stormwater
maintenance ordinance, and adoption of the Penjajwoc Watershed Management
Plan. There was a feasibility study still in progress and a residential focus group
planned/expected on May 24, 2010.
5. Modifying the Requirements of the Stormwater Maintenance Ordinance
The Stormwater Maintenance Ordinance was passed last year requiring City
landowners having stormwater treatment structures to maintain those structures.
Additionally, landowners were required to file a maintenance plan with the City,
which would be due July 2010. Staff reviewed the requirements of the
Ordinance with the Penjajawoc Watershed Citizen Review Panel and suggested
the following changes: Amend who would be affected by certain portions of the
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Ordinance and phase in due dates for existing plans over a longer period of time,
allowing for changes in certain requirements under consideration at the State
level, and more time to put together the plans, and for Staff review. Jeremy
Martin noted this was approved in 2005 with a five year recertification on June
30, 2011. He noted plans for review from 1997-2005 would have a deadline of
October 2011. Plans prior to 1997, to be reviewed, would have a deadline of
March 2012.
Amendments would include the inclusion of:
“For projects that require a Site Location of Development Act, state
General Construction, or Chapter 500 stormwater permit.” To be
incorporated into 268-6 (1) and (2). In section (2) it would replace “state
law or City Ordinance”.
“According to the following schedule” replacing “by July 31, 2010” and
“within two months of being submitted” replacing “September 30, 2010”
in section 268-6 (2).
Addition of “constructed in September 1997 or thereafter. The list shall
note all those Structures that discharge, and shall additionally note
whether those Structures discharge to the Municipality’s MS4. Should an
as-built drawing for the Structure not exist, the Code Enforcement Office
may require an as-built drawing to be completed and provided, waive the
requirement for the as-built drawing, or require alternative evidence of
the Structure in a form as deemed acceptable by the Code Enforcement
Office. 268-6 B (1).
“Inspection” replacing “monitoring” in section 268-7(2).
The amendment included the deletion of section 268-6 B (1) and (2).
Paul noted there could be an amendment by substitution. Councilor Wheeler
motioned and Councilor Blanchette seconded to move to full Council, with a
unanimous vote.
6. Status of Penjajwoc Management Plan
John Cashwell provided an overview and recommended the Penjajwoc
Watershed Management Plan. There was some discussion of the timeline and
asked the City to adopt for use as a final template.
7. Referral: Council Ordinance 10-153, Enacting a Moratorium on Medical
Marijuana Dispensaries
Paul stated under the amended Maine Medical Marijuana Act the State had until
July 1, 2010 to adopt rules regarding registration, security, and oversight
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requirements for medical marijuana dispensaries. The City was allowed to enact
its own reasonable regulations on dispensaries, as well. By City Ordinance an
applicant for a dispensary within the City must first register with the State. A
draft Ordinance, which was separate from the moratorium contained further
regulations. A moratorium would prevent approval by the City of any permit
relating to a dispensary or marijuana cultivation site for a period of six months.
The Ordinance would be retroactive to April 26, 2010 and remain in effect for
180 days unless it were extended, repealed, or modified by the City Council.
8. Amending Chapter 165 of the Code of the City of Bangor by Adding Provisions
Regarding Nonprofit Marijuana Dispensaries-Continued Discussion from April 20,
2010 Infrastructure Committee Meeting
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Staff was requested at IC on April 20 that this item return to the Committee
with revisions as suggested. The revised draft included the votes cast in Bangor.
6334 were in favor and 4900 were against. Previous question was raised
regarding pharmacies dispensing. Currently Federal law apparently did not
provide for dispensing of marijuana, schedule I controlled substance, by
pharmacies. Schedule I controlled substances were considered to have “no
currently accepted medical use”. A question regarding the moratorium was
raised which was provided separately on this agenda. Security requirements
proposed:
No outdoor cultivation of marijuana, given the enhanced risk of theft.
Alarm systems – door and window intrusion alarms with audible and
police notification components.
Exterior security lighting – spot lights with motion sensors covering the full
perimeter.
Recorded video surveillance, covering all plants and the entire exterior,
kept for a minimum of 30 days. Twenty-four surveillance for cultivation
facilities, surveillance while not open to customers for dispensaries.
For staff, conviction of any drug offense, including a misdemeanor
offense, while operating or working at a dispensary or cultivation facility
would result in loss of job. Conviction of such a drug offense for licensee
would result in the loss of the business license.
1,000 foot buffer (map provided to Committee, but not on list)
The Committee must decide to include and send revised version to Council.
Councilor Blanchette was concerned the Ordinance was not ready, the location of
dispensaries, and to possibly have a sixty day moratorium. Ron Gastia
suggested imposing stricter security requirements that would be the
responsibility of the licensee. In his opinion there would be no benefit in having
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a 180 day moratorium. He suggested he would out-reach to Roy McKinney with
Maine Drug Enforcement.
Councilor Blanchette thought dispensaries should be separate premises from
cultivation locations.
The actions for the Committee to consider:
Recommend 180 day moratorium – Council could approve as referred.
Not recommend or act on referred moratorium
Recommend a moratorium for a lesser duration
Not act on any moratorium but continue to work on Ordinance changes.
Councilor Blanchette asked if a shorter moratorium were approved could it
subsequently be extended. The answer was yes.
Councilor Wheeler moved for a ninety day moratorium, it was seconded by
Councilor Blanchette with a unanimous vote.
Mr. Hatch suggested it was a waste of time to have a moratorium. Councilor
Wheeler responded that if not enacted there wouldn’t be anything to extend.
Paul stated he would contact the State for security requirements and incorporate
them. Councilor Hawes suggested the 1000 foot buffer should have been placed
on the list and requested a copy of the revised Ordinance to come back in two
weeks. Ron Gastia indicated this would be sufficient amount of time.
Councilor Blanchette moved to adjourn at approximately 6:30 p.m.
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