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HomeMy WebLinkAbout2017-09-25 17-338 ORDINANCETitle, Ordinance 17-338 09/25/2017 CITY COUNCIL ACTION Council Meeting Date: September 25, 2017 Item No: 17-338 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Enacting a Moratorium on Secure Psychiatric Facilities Summary This ordinance would enact a moratorium on forensic psychiatric facilities, including the facility the State is considering having built on Hogan Road. The State has expressed interest in placing an 8,300 foot, 21 -bed "step-down" facility on Hogan Road in Bangor, intended to house patients who are found not criminally responsible for crimes or are unfit to stand trial. The City has concerns about this proposal, including its burden on City facilities and the harm to the public, particularly neighboring residents, that could result. This ordinance would prohibit forensic psychiatric facilities, including the secure forensic rehabilitation facility the State is considering, for a period of six months. This will allow the Council the opportunity to gain additional information about such facilities and to see what regulations may be appropriate for such a use. Committee Action Committee: N/A Action: N/A Staff Comments & Approvals Meeting Date: For: Against: The proposed facility was discussed at a Council workshop on September 29, 2017. If the Council wishes to enact this moratorium immediately, the ordinance requirement of two readings must be waived by a two-thirds vote of the Council. X��t M [ MIJ City Manager Introduced for: First Reading 7t, Solicitor Finance Director 17-338 09/25/2017 CITY COUNCIL ORDINANCE Date: September 25, 2017 Assigned to Councilor: Tremble ORDINANCE, Enacting a Moratorium on Secure Psychiatric Facilities WHEREAS, the State of Maine has expressed interest in placing a secure forensic rehabilitation facility in Bangor: WHEREAS, as proposed, the facility would be used to house patients found not criminally responsible for crimes or unfit to stand trial; WHEREAS, there are legitimate concerns about how the proposal will affect the public health, safety, and welfare of Bangor and its citizens; WHEREAS, such patients, while not necessarily criminally culpable for their actions, could potentially be dangerous to the health, safety, and welfare of those around them; WHEREAS, the facility may represent a significant burden on the City's public safety departments; WHEREAS, the State has stated in a letter to the City that the proposed facility is neither a hospital or a prison, raising questions as to the function of this facility and where the facility fits under the City's Land Development Code; WHEREAS, the City needs time to understand the State's proposal and the effects the facility may have on Bangor; WHEREAS, a temporary prohibition on forensic psychiatric facilities is therefore appropriate in order to determine what regulation, if any, is necessary; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT A moratorium on forensic psychiatric facilities is enacted as follows: § 1. Necessity. Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or 17-338 09/25/2017 B) because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. In accordance with 30-A M.R.S. § 4356(1), the Bangor City Council finds that a moratorium on forensic psychiatric facilities is necessary and warranted. § 2. Moratorium. Forensic psychiatric facilities, including but not limited to secure forensic rehabilitation facilities, "step- down" facilities, secure assisted housing facilities, and similar facilities, are prohibited in the City of Bangor. Furthermore, no building permit, certificate of occupancy, or other permit shall be issued for any such use. § 3. Term. This moratorium shall continue for 180 days from the date of passage. It may be extended for additional 180 day periods in accordance with 30-A M.R.S. § 4356(2) upon a finding by the Bangor City Council that the problem giving rise to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. § 4. Applicability. Notwithstanding the provisions of 1 M.R.S. § 302, this moratorium shall apply retroactively to all actions and proceedings pending on September 19, 2017 or thereafter. IN CITY COUNCIL SEPTEMBER 25, 2017 COr 17-338 MOTON MADE AND SECONDED TO WAIVE SECONDE READING PASSED MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE, TREMBLE, WESTON, BALDACCI COUNCILORS VOTING NO: NONE PASSED 4-A.) )47:rake:v.—L.) CITY CLERK