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Home My WebLink About1976-02-23 143 AD RESOLVE143 Tp Introduced by Councilor Henderson, February 23, 1976 CITY OF BANGOR (TITLE.) removal of the cit of can on from Re ulator BSOIti1RM____._._........_.._._...._._......Y__.._._....3._.....__. _._.Y._..-.....Y.._ Jurisdiction of Maine Milk Commission By Ra Lib Coendlrfine Lib rJRasy o- RRROLVRD. WHEREAS, as the Maine Milk Commission has continued to raise the minimum price at which .milk must be sold; and WHEREAS, thiscontinued price rise maybe a hardship to many families in Bangor; and WHEREAS, Maine Law allows local communities to petition the Maine Milk Commission to remove themselves from the Regulatory Jurisdiction of that Commission; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, OR A COMuMIT= TBUTU IF0 1. Hold a public hearing to determine the need for, and effect of, such a de- regulation in Bangor; and 2. If it determines that the need for de -regulation surpasses any probable adverse effects, formally petition the Maine Milk Commission for a hearing to seek the removal of the City of Bangor from its Regulatory Jurisdiction. IN CITY COUNCIL 143 AB \ February 23. 1976 \� Amended at end of third paragraph HASOLVE after 'Comission" by adding r to change the minimum wholesale �p and retail prices for the sale of milk." and in paragraph 1-1." after RECEIVED "deregulation" by adding "or change CITY OF HANGOR n prices" and in paragraph 112." Removal Of the City of Bangor from CITY CLERK'S OFFICE after "de -regulation" by adding"r Regulatory Jurisdiction of Maine change in prices" and finally of Nile Commission. - e16 FEB 19 AH 8 03 adding"change in prices within the city"' at end of paragraph "2.'• IN CITY COUNCIL Indefinitely postponed by the following March 8. 1976 yes and no vote: Councilors voting yes: Moved to reccusider." Bigney. B[oantas. agency, Sorry and Coulee. Consider hart meeting. Councilors voting no: Finnigan and Henderson. Councilors absent Ballou aid Gass. /In ZI fd CITY CAIRN CITY CLEAR IN TTY CGUtC2A IN CITY COUNCIL - Mazch 19]fi March 22, 1976 Received d reading. Planning Board r Failed to pose by the following dated March 19]fi read. Moved to def action Yas. and n vote. Councilors until after:Un shr] eueLness compl ed. After voting yes: Henderson andPiru:ican. action on' Unfinlsh Business this mended i Coumilo[a voting n Ballou. Bignay. the 3rd line. 2W par apb by de Lng '•adj oiningn' Qantas. Gass. Soucy and Apples. 'parcel of lard" and subs utin t refore. "additional Councilor absent Mooney. 60 feet"; and in the 4th lin 2nd ragraph by deleting "two parcels being mare par cn IF described as lots #99 .:. 1 / m44 and 100 on Meet #55 of t Assess a Map of the City Of CITs CLBRK O .Bangor, and" aed substl ting the[efo-charges be". Ae amended, passed by a is lowYesnd vote. AS =d voting y Ballot, Brouster, Fi , Gas Emeede[aw, Mooney bouCy end Houla6. CounCl lore" sent: Bl9ney. r in Ne me ing this oder was [ onsidered a further aended by adding the ollwing to the let sentence, 2nd para hr "and - also chang' an additional 65' along Birch Street and to a depth of the l0 to Residential 5 zone (R-5) from Residential 4 So (R-4)." Finally Based by the following yes and n vote. Councilors g yea llou. Bignay, HYonntas. Finnigan, Gass, Henderson, Mooney, " '.s and Son as. baern EExeuxm� rynuxo B. eox ex ATTORNEY c[u[ana v Mn na x E N Y ATTORNEYS GENEnnx STATE OF MAINE - '— DEPARTMENT OF THE ATTORNEY GENERAL . AUGUSTA, MAINE 04333 March 2, 1976 - Honorable James S. Henderson House of Representatives state House Augusta, Maine Honorable Thomas R. LaPointe House of Representatives State House Augusta, Maine Gentlemen: This is a response to your letter of February 26, 1976, which asks several questions about ability of citizens to petition the Maine Milk Commission. As you may be aware, the most recent amendment to the Maine Milk Commission Law, P.L. 1975 Chapter 517, removed the provisions of prior law which appeared at the end of 7 M.R.S.A. g 2953 and read: "The commission may act as mediator or arbitrator to settle any controversy or issue among or between producers, dealers and consumers, any of whom may petition the commission in writing to change prices- ' or conditions in any market area." However, the removalofthe provision cannot be interpreted as depriving interested persons of the right to petition the Maine Milk Commission for relief. Basically, citizens have a right to petition state agencies and request that those state agencies deal with particular problems. Therefore, the answer to your first question is that such petitions are permitted. we are not in apposition to state what form the peltion should Take, whether it be a letter, affidavit, a resolve formally adopted, - or some other statement of the problem. The Maine Milk Commission _ Honorable James S. Henderson Honorable Thomas R. LaPointe Page 2 March 2, 1976 has no published procedures relating to the consideration of such Petitions. The legal basis of the petition would be the same as any request received by state agencies from Maine citizens; that is, the request .would not necessarily impose any formal legalobligation upon the agency. However, state agencies generally respond to such citizens requests. - As to the subject matter of your petition, we would note that 7 M.R.S.A. g 2954 grants the Commission authority to investigate and u hold public hearings with regard to m milk Prices. One of the considerations required far establishment of prices in 7 M.R.S.A. g 2954-2 i consideration of varying conditions in various marketing areas. This appears to assume thessr ilityt o es awl ehrno ti=ient a(_rices different marketing are Further, >t ss my undemstan mn that un era Commissnon� practices, there are some areas of the state which are not regulated. Generally these a mall rural areas with the total population of unregulated a noisexceeding 7% of the total state population. Thus, eti tions relatin tothese subject matters would be a late Commas Sion sonar ra to ons pursuant to its price setting responsibilities. Our statement that such petitions may be considered should not be construed to convey any opinion as to the legality of the results which might be sought, particularly the deregulation of prices in densely populated areas of the state. This opinion does not address that question, nor could such an opinionbe developed without the facts of a particular situation.. Sincerely, OS:d EPH E. BRENNAN Attorney General JEB:mfe cc: Joseph Williams, Commissioner, Agriculture Walter Steele, Maine Milk Commission iti€€� [IEEE��i€t�lui of lg iculfurlist �— Joseph N. Williams, fgmmissioner.I I.41" role rise,ON Walter B. Steele, h. IIIamostwe Senclary State Office Building Aspects, Maine 04333 Tsephooe 207;2843441 February 27, 1976 Honorable Tames S. Henderson House of Representatives !Nine State Legislature State House Augusta, Maine 04333 Bear M. Henderson We have your recent letter in which you request information relating to the procedural practices employed for petitioning the Maine Milk Commission to change prices of conditions in a controlled marketing area. As we indicated earlier, the Commission is empowered by Statute to conduct' hearings, supoena and a under oath, Say person from whom the Commis- sion requires informationmtoecarry out the purposesand intent of the law. Inte[GetedTe Yitiom tb Commission inwr sting to review matter < lai17 far _ ontro of milk outlining their suggestion$ L the betterment of thenconditions of trade. The Commission may then schedule a public bearing and make a determination based upon the evidence - and oral testimony elicited at the hearing. Additionally, any person feel- ing himself agrieved by any order of the Commission is entitled to judicial review and may appeal to the Superior Court. We also have your letter directed to Chairman Shirley News urging the Commission to hold onof the tentatively scheduled Marchhearings in the City of Banat. Chairman Hamel i currentlyoutof state and is not expected to return until next week.There is, however, a special Commission meeting scheduled for March 3 and the matter will be -included n that agenda for that meeting. We would add that the proposition has been previously advanced for the Comuission to alter Its settled ptactics of holdl;' hearingscentralized—tion in favor �n -caed area sarins was omnis a ran opinion Men rhos the cyst would be Cllln.l� r�l OCC 6S 7 Honorable James S. Henderson I Page 2 prohibitive, and since there is considerable interest i milk pricing through- out the State, the Augusta cite appeared most advantageous to all concerned. We would also add that you are welcome to attend the Commission meeting of March 3 in support of your request, and we express the Commission's appreciation for your demonstrated interest in the orderly marketing of an essential food. Very truly yours, - MAINE MMLK COMMSSION Water B. Bteede, Jr., Exem. Sec.' WBS/car 1