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HomeMy WebLinkAbout2016-12-12 17-037 ORDINANCECOUNCIL ACTION Item No. 17-037 Date: December 12, 2016 Item/Subject: ORDINANCE, Repealing Chapter 93, Chemical Dependency Treatment Facilities, of the Code of the City of Bangor Responsible Department: Legal Commentary: This past August, a Bangor methadone clinic applied to expand the number of patients it treats from 300 to 500. The application was denied and then litigated; that litigation was recently resolved. The clinic has indicated that there are at least some prospective patients in immediate need of treatment. Additionally, Maine as a whole has a pressing need for additional resources to combat its ongoing opiate epidemic, including the need for more treatment. These factors present an immediate threat to the public health and safety, particularly the health of those particular individuals in need of immediate treatment. The City has made it clear that addressing the opiate epidemic is not and should not be the role of Bangor alone, and could better be addressed by treatment elsewhere. Nevertheless, given the lack of such expansion of treatment elsewhere, the opiate epidemic and needs of individual citizens for treatment constitute immediate threats for Bangor to address for the preservation of the public peace, health or safety. Given these immediate threats, this ordinance repeal is being introduced as an emergency measure pursuant to Article V, Section 1 of the Bangor City Charter. Similarly, it is also recommended that the Council waive two readings in this matter. This item was reviewed in Executive Session on November 28, 2016. Department Head Manager's Comments: City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: Introduced for x Passage x First Reading Referral 17-037 DECEMBER 12, 2016 Assigned to Councilor Nichols CITY OF BANGOR 4� QE r ORDINANCE, Repealing Chapter 93, Chemical Dependency Treatment f=acilities, of the Cade of the City of Bangor WtHEREA6% a Bangor methadone clinic has expressed its interest in expanding the number of patients it treats; WHEREAS, the clinic has indicated there are at least some prospective patients in immediate need of treatment; WHEREAS� Maine as a whole has a grave and pressing need for additional resources to combat im I ongoing opiate epidemic, including the need for more treatment; WHEREAS, these factors present an immediate threat to the public health and safety; WIHEREA% addressing this immediate threat is not and should not be the role of Bangor alone, and could better be addressed by expansion of treatment elsewhere; WHEREAS,, nevertheless, given the lack of such expansion of treatment elsewhere, the opiate epidemic and needs of individual citizens for treatment constitute immediate threats fbr Bangor to address for the preservation of the public peace, health or safety; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 4F BANGOR AS FOLLOWS, THAT Chapter 93 of the Code of the City of Bangor is hereby repealed. This repeal applies retroactively to all actions and proceedings as of December 1, 2016, notwithstanding the provisions of 1 M.R.S. § 302. The ongoing statewide opiate epidemic, combined with the needs of individual prospective patients who are requesting treatment, constitutes an emergency, and action is therefore immediately necessary for the preservation of the public peace, health or safety. The repeal of Chapter 93 is therefore enacted as an emergency measure pursuant to Article V, Section 1 of the Bangor City Charter. IN CITY COUNCIL DECEMBER 12, 2016 COr 17-037 MOTION MADE AND SECONDED TO WAIVE SECOND READING PASSED TO WAIVE SECOND READING MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NICHOLS, PERRY, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED CITY CLERK