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HomeMy WebLinkAbout2017-11-27 18-031 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: November 27, 2017 Item No: 18-031 Responsible Dept: Legal Action Requested: Ordinance 18-031 11/27/2017 As Amended Map/Lot: N/A Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Allowing Secure Residential Care Facilities in the Government and Institutional Service District Summary This ordinance amendment would allow secure Level IV residential care facilities in Bangor's Governmental and Institutional Service District. The state is interested in placing a secure residential care facility in Bangor. This facility would be for individuals who have committed crimes, but have been found by a court to be not criminally responsible by reason of mental illness. Until released for outpatient treatment or discharged, Maine's Department of Health and Human Services must place these individuals in an appropriate mental health facility. This amendment would allow for a secure residential care facility for housing and care of such individuals. The ordinance would require the facility to be on a major arterial road and on the same parcel as the Dorothea Dix Psychiatric Center, in order to limit potential security issues. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: December 5, 2017 For: Against: City Solicitor Finance Director CITY COUNCIL ORDINANCE Date: November 27, 2017 Assigned to Councilor: Perry 18-031 11/27/2017 As Amended ORDINANCE, Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Allowing Secure Residential Care Facilities in the Government and Institutional Service District WHEREAS, the State of Maine has expressed an interest in building a secure residential care facility in Bangor; WHEREAS, the Land Development Code does not address permitted locations for secure residential care facilities; and WHEREAS, for the safety and welfare of the Bangor community, any such facility should be located with an existing state facility in order to limit security problems to the extent possible; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-13 Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: SECURE LEVEL IV RESIDENTIAL CARE FACILITY A secure or locked Level IV residential care facility, as defined in 10-144 C.M.R. Chapter 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs: Level IV Residential Care Facilities, § 2.49, owned or operated by or on behalf of the state. Such facilities may include secure facilities for individuals who have been found not criminally responsible for a crime by reason of mental illness, or other residential facilities where residents may not freely come and leave of their own volition. § 65-97 Government and Institutional Service District 18-031 11/27/2017 As Amended D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: M Secure Level IV residential care facility, provided that: (a) The facility is located on the same parcel as state mental health institutes maintained in accordance with 22-A M.R.S. � 208. Lb) The parcel upon which the facility is located is on a major arterial street. Additions are underlined, deletions h_,, eugh. Title, Ordinance 18-031 11/27/2017 CITY COUNCIL ACTION Council Meeting Date: November 27, 2017 Item No: 18-031 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Allowing Secure Residential Care Facilities in the Government and Institutional Service District Summary This ordinance amendment would allow secure Level IV residential care facilities in Bangor's Governmental and Institutional Service District. The state is interested in placing a secure residential care facility in Bangor. This facility would be for individuals who have committed crimes, but have been found by a court to be not criminally responsible by reason of mental illness. Until released for outpatient treatment or discharged, Maine's Department of Health and Human Services must place these individuals in an appropriate mental health facility. This amendment would allow for a secure residential care facility for housing and care of such individuals. The ordinance would require the facility to be on a major arterial road and on the same parcel as another state residential care facility, such as Dorothea Dix, in order to limit potential security issues. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: December 5, 2017 For: Against: CM2� f"Y) Lm�-L=j K-�� City Manager City Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: November 27, 2017 Assigned to Councilor: Perry 18-031 11/27/2017 ORDINANCE, Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Allowing Secure Residential Care Facilities in the Government and Institutional Service District WHEREAS, the State of Maine has expressed an interest in building a secure residential care facility in Bangor; WHEREAS, the Land Development Code does not address permitted locations for secure residential care facilities; and WHEREAS, for the safety and welfare of the Bangor community, any such facility should be located with an existing state facility in order to limit security problems to the extent possible; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-13 Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: SECURE LEVEL IV RESIDENTIAL CARE FACILITY A secure or locked Level IV residential care facility, as defined in 10-144 C.M.R. Chapter 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs: Level IV Residential Care Facilities, § 2.49, owned or operated by or on behalf of the state. Such facilities may include secure facilities for individuals who have been found not criminally responsible for a crime by reason of mental illness, or other residential facilities where residents may not freely come and leave of their own volition. § 65-97 Government and Institutional Service District 18-031 11/27/2017 D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: f4) Secure Level IV residential care facility, provided that: (a) The facility is located on the same parcel as an existing facility owned or operated by or on behalf of the state that provides residential care. Lb) The parcel upon which the facility is located is on a major arterial street. Additions are underlined, deletions h_,, eugh. MEMORANDUM DATE: December 6, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-13 Definitions 165-97 G&ISD - Council Ordinance #018-31 Please be advised that the Planning Board at its meeting on December 5, 2017, held a Public Hearing on the above Zoning Amendment to revise the Land Development Code relative to changes to Secure Level IV Residential Care Facilities. Chair Kenney opened the Public Hearing and Assistant City Solicitor Paul Nicklas provided the Board with an overview of the proposed amendments. The amendment creates a definition to be added to Section 13, which specifically defines Secure Residentail Care Facility. The Amendment then adds that use to the Government and Institutional Service District as a conditional use. Mike McCarty of 500 Mount Hope noted the Dorothea Dix property contains Saxl Park and school athletic fields which may be inappropriate for such a facility. The location, while removed from neighbors on Hogan Road, could be close to Mount Hope Avenue residences. Mr. McCarty believed there could be better locations than this for such a facility. Lucy Quimby of 1230 Kenduskeag Avenue, a clinical psychologist, noted she had been involved with such facilities and the intricacies of managing the care for those patients. Having an ongoing relationship with the patients helps keep the details straight. While much of the symptoms can be managed with medications, they often have adverse side effects which lead to instances where they are not followed. Moving patients from facility to facility has a greater chance for a breakdown of that long term patient - psychologist relationship. Geoff Gratwick, also of 1230 Kenduskeag Avenue, noted that while he represents Bangor in Augusta, the internal workings of the State Government are less than ideal. In this instance Bangor is being asked to fill in for the shortcomings of the state decision making process. Member Parizo asked if amended, wouldn't such a facility come before the Planning Board for a more detailed evaluation of the location. z Planning Officer Gould noted that the Board review would be limited to specific standards under conditional use and site plan review. The idea that the Board could ask the applicant to move the building to a new location on the State property is remote. Board members discussed the potential that there could be multiple facilities and potential locations in close proximity to Mount Hope Avenue. Planner Gould noted that in the 1990's based on neighborhood concerns a significant portion of State property was rezoned for residentail use. If no amendments were made the State property zoned G&ISD would be open to such use. Member Durgin made a motion it recommend the City Council adopt Council Ordinance #18-31. Member Hicks seconded the motion. The Board voted one in favor and six opposed to recommend C. 0. #18-31. Members noted that additional separation from Mount Hope Avenue, parks and schools would be changes they would support. IN CITY COUNCIL NOVEMBER 27, 2017 COr 18-031 MOTION MADE AND SECONDED TO AMEND BY SUBSTITUTION PASSED FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF DECEMBER 5, 2017 CITY CLERK IN CITY COUNCIL DECEMBER 11, 2017 COr 18-031 MOTION MADE AND SECONDED FOR PASSAGE LUCY QUIMBY SPOKE IN OPPOSITION TO THIS ORDINANCE. SHE FELT THERE WAS PRESSURE TO DO SOMETHING QUICKLY AND MORE TIME WAS NEEDED TO LOOK AT THE IMPLICATIONS MORE CAREFULLY, SHE DID NOT FEEL IT WAS GOODFOR CONTINUUM OF CARE TO TRANSFER PEOPLE FROM ONE PLACE TO ANOTHER. GEOFF GRATWICK FELT THE MORATORIUM SHOULD BE EXTENDED UNTIL MORE QUESTIONS COULD BE ANSWERED. VOTE: 8-1 COUNCILORS VOTING YES: DAVITT, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: GRAHAM PASSED 4-AJ g X1� � CITY CLERK