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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 1 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 2 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 th 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 3 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. 4