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
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CITY CLERK