Loading...
HomeMy WebLinkAbout2009-08-11 Government Operations Committee Minutes . � � Government Operations Committee August 11, 2009 � � Minutes � Councilor Attendance: Wheeler, Nealley, D'Errico, Blanchette, Gratwick, Hawes � Staff Attendance: Barrett, �Ilette, Nicklas, Yardley Others: McKinney � � 1. Lease Renewal — National Able Network at Parks and Recreation Center � Parks and Recreation Director Willette stated that the Parks and Recreation Center has been leasing office space to the National Able Network (NAN) since 1995. NAN is a � non-profit organization t�iat connects individuals and businesses with employment � ' opporturnhes. They lease space on the ground floor m the Parks and Recreation � Department's building. They have been�great tenants and have a good relationship � with Parks & Recreation. They currently lease about 1900 square feet with an annual lease payment of $5500. Due to their growing needs, they approached the City for some additiona! space. The lease needed to be adjusted to reflect the added square ;� footage as well as an increase in their lease payment. Staff recommends approval of the lease as proposed. Responding to Wheeler, Willette said that, in addition to the NAN, the American legion, a Barber Shop Group, a camera club, and the Bangor Band � uses space at the facility on a regular bases. Responding to Blanchette, Willette stated that there were no other changes to the lease besides the monetary change. A motion was made and seconded to a rove staff s recommendation. � PP 2. Ratification of Identify Theft Prevention Policy � Assistant City Solicitor Paul Nicklas began by explaining that the Federal Trade � Commission (FfC) put in place a requirement that all financial institutions and creditors establish certain rules called Red Flag Rules to combat identify theft. These rules are designed primarily for banks and other financial institutions, but the City qualifies as a � Creditor and, therefore, a policy is needed. He said that most of the City's departments are not at the same kind of risk that a fi�nancial institution would be, and those risks that do exist generally are not associated with financial accounts: Given a requirement � that such a policy be in place by August 1�, staff signed this under the authority of the City Manager and is asking this committee to approve it retroactively. Since that _ �� � � - � � � occurred, the deadline has been extended to November, 1 . Responding to Gratwick s � question, Nicklas said that he created this policy by following certain requirements and a useful guide put forth by the Ft'C. � A motion was made and seconded to approve staff's recommendation. Responding to Blanchette, Nickfas said the City was planning to distribute this policy to Department Heads and provide training for those employees who are at the-greatest risk of identity � theft in each department. 3. Request to Accept Donations for National Recovery Month Conference — Health and � Community Services Director of Health and Community Services Shawn Yardiey gave some background by � stating that last year a group of recovering people and people that support individuals in recovery came together and looked at what they wanted in their community. As a result, a conference was held at the Civic Center in September of last year. The City �, had some money through an Office of Substance Abuse Grant to underwrite the conference with the hope that sponsored tables and registration would cover a lot of the cost. It did in fact cover a lot of the cost and there were 175 people that came to � the conference from around the state. Yardley felt that it was a big success; however, it did cost the Health & Community Services Department more than he had anticipated. This year, in planning the next conference, he feels like the City is in a better position to � ask for sponsorships. He requested the committee's approval to allow Health & Community Services to accept sponsorship for this event. The department already has � .�ob Corps that has agreed to provide the lunch and. UTC to provide the break foods. He stated that a lot of the overhead costs have been eliminated. There is a Bangor corporation that is prepared to donate $1500 to underwrite this conference. The � Commissioner of Human Services, the Co-Chair of Appropriations, Emily Cain, and Rick Rosen, will be serving on the opening panel. The head of Acadia, the head of OSA, and the Superintendent of Bangor schools will participate as panelists. It is expected that at � least the 175 that attended last year will come again. Hawes said that this was a great conference last.year and asked what the date was for � this�year's conference. Yardley responded saying the conference will be September, 10 at the Civic Center. Nealley said that he supports any initiative by any department � of the City of Bangor when they can get sponsorships for events from the private sector. Responding to Nealiey, Barrett said it is required by the City's Code of Ethics that, when requesting support, money, or funding of a program, permission from the � Council is needed. He said that it is primarily out of a concem for staff involvement that might be a conflict of interest. Hawes supported the Council Order being drawn up. A motion was moved and seconded to approve. Gratwick complimented Yardley on � this conference. Wheeler asked what the term Impaired Physician Program means. Yardley explained that Maine Medical Association has a physician whose role is to work with impaired professionals to encourage them to seek recovery and then to work with � � - ' � them � to ensure that as they continue to practice mediane there are safeguards m place for both the professional and the public. This individual is Dr. David Simmons, a � personal friend of Yardley's. 4. Presentation from Rev. Kevin Loring regarding Medical Marijuana ' Police Chief Ron Gastia stated that Rev. Loring's recommendations and suggestions were that distribution points for medical marijuana be located in various areas other � � than the way it is set up currentiy. Rev. Loring's recommendation, in part, was that the Police Department be used as a distribution point. Gastia said he is strongly opposed to that and does not think that the Police Department should be involved in the � distribution of drugs and feels that it is a conflict of interest against department's policies and principles. Gastia said that as far as the iaw goes, he believes that this _ should be done by the Legisiature and not at the local level. He believes that all drugs, j including marijuana, are a safety matter. He said that when there is a reduction in control on controlled substances, crime increases. Director Ron McKinne of the Maine Dru Enforcement A en was in attendance on � Y 9 9 �Y behalf of Commissioner Jordan and stated that the public will be faced with this matter � in November. This Referendum is a direct result of a bill that was placed before�the Legislature in the last session, in which he represented the Department of Public Safety before the Committee on Health and Human Services opposing the Legislation. A � similar bill came up 2 years ago. There were some wording changes since the fast bill. The bill in 2007 had language that excluded law enforcement from assisting any federal law enforcement agency in conducting any investigation involving marijuana. The rest � of the language is the same and expands the medical conditions under which a physician can prescribe marijuana and provides for establishing dispensing locations. McKinney found that California has the most extensive history when it comes to the � legalization of marijuana for medical purposes. Many communities that first looked at it as something benign are now reexamining their positions and outlawing and regulating _ these dispensaries within their communities due to the impact of crime and noise on � businesses and neighborhoods. What the bill is trying to portray is a dispensary as a pharmacy. McKinney says it is anything but that, and it has no regulation, unlike a pharmacy. In 1999, a referendum passed but left unanswered how an individual was to � obtain marijuana and left it to the black market. He stated that it is illegal for a Pol9ce Department to distribute a drug that remains on the Federai Controlled Substance Act , as a Schedule �ne Drug. Schedule One Drug means it has a high abuse potential and little or no medical value. Other drugs on that list are PCP and Heroin. He read a case in Rhode Island, which is one of the 13 states that permits marijuana under a � physician's guidance, and they are running into all sorts of issues. One issue that he read about was a fire that was started due to a caretaker who was cultivating 24 marijuana plants. Under their state law, the caregiver is permitted to grow 12 plants per � person that they provide care for. As a result of faulty wiring or how the matter was set up in the basement, it resulted in a fire. After looking further, they found guns, � � � ' � ledgers, and other evidence that was indicative of trafflcking. Because this proposes a � state statute, it appears that there are some regulations associated with this, but that is not the case. � Responding to Hawes, McKinney said that there is currentiy no way for caregivers to obtain marijuana and this Referendum would allow for the dispensaries. Hawes asked what Rev. Loring is asking of the Committee. She stated that in her recollection, Loring � quoted a statistic that over 300 people would die within a certain period of time if they were not given the right to have this drug. Hawes questioned how he quantified this or where he got this information, because these individuals had cancer.. They died from � their cancer, not from the lack of having this drug. � Due to Rev. Lorings absence, Wheeler stated that he woufd exercise his right to take no � action. Wheeler asked McKinney if the Referendum passes, how it will impact the ability of his agency to enforce the exisisting regulations as to the possession and use � of marijuana. And, if dispensaries are not permitted, how woufd they obtain it unless they grow it? McKinney stated that MDA and all law enforcement wifl continue to do their�ob. When they have ev�dence that an individual is illegally possessing, cultivating, � or distributing marijuana or any other illegal drug, they will pursue that. The question becomes if, during their investigation, it is learned that the individual is exempted because they are registered with DHHS and fall within the guidelines of the law, those issues will need the Attorney General for guidance. McKinney was speculating in regard � � to Wheeler's second question and referred to something he had just read in Rhode Island and California that dispensaries would be contracted with caregivers. The � caregiver would be the person that would grow the marijuana. Nicklas handed McKinney documentation that was read aloud. It said, '�The dispensary may not possess more than six live marijuana plants for each registered qualifying pat+ent." �� Wheeler referenced documentation that was made available by Rev. Loring from Congressional Research Service on Medical Marijuana Review and Analysis. He noted � several statements that indicated there is no consensus in the Medical profession on its efficacy. � A motion was made and seconded to postpone this item indefinitely. � V1�heeler thanked the Police Department on behalf of the Committee and the public for the great job they are doing. With the recent rise in crime the Police Department has done a wonderFul job apprehending the individuals that are allegedly responsible for � these crimes. Meeting. adjourned � � � �