Loading...
HomeMy WebLinkAbout2008-07-28 08-249 ORDINANCECOUNCIL Item No. 08 249 (late: July 28, 2008 Item/Subject: ORDINANCE, Amending the Code of the City of Bangor by Adding Chapter 93 — Chemical DependencyTreatment Facilides Responsible Department: Legal Currently, there are three providers of methadone treatment In Bangor for opioid addiction. The facilities in Bangor have the capacity to meet tlo needs of current and future patents, and additional facilities or capacity is not needed at this time. Otter communities have, or are considering, ordinances to limit or prevent providers from locating In their communities. Patients of methadone treatment facilres place certain demands upon the municipality in which they are located. This ordinance will Ilmlt the number of facillties to the three that currently exist and will provide a process that must be followed to seek an Increase In the number of patients the facilities are currently licensed to treat. ry �.r;..s.ty—ana mo" AWLPt Department Head manager's comments: Ac.7itso�`4 Xv w la thr City Manager Budget Approval: Finance Drector Legal Approval: Solicltor Passage X First Reading Referral to Government Operations, Tuesday, August 12, 2008 @ 5 p.m. 6& 249 Aesigyea to C vncflnv scnoe ]¢1y 29, 200& s CITY OF BANGOR (=.E.) ORDINANCE, Amending the Code of the City of Bangor by Adding Chapter 93— Chemical Dependency Treatment FacAbas WHEREAS, there are arreldy three provlders of methadone maintenance treatment for dploid addiction in Me Ory of Bangor; and WHEREAS, these providers are licensed W treat approximately 1,708 patients; and WHEREAS, these providers currently heat approximately 1,200 patients, thereby having additional capacity under these goerses to treat approximately 500 more patients; and WHEREAS, other communities in the greater Bangor region have taken or are considering lading measures that will have the pacbWl effect of preventing providers of methadone maintenance treatment from locating in their cammu ll es; and WHEREAS, patients of methadone maintenance treatment facilities present certain demands upon the mundpality in which these treatment feullties are loafed; and WHEREAS, existing facilities in Bangor have Me capacity M meet the needs of current and future patients and additional facilities are not needed within the City; and WHEREAS, R I5 in the best interest of Me City of Bangor M have a process by which it can evaluate the future need for methadone maintenance treatment at the current treatment facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR TW T, The Code of the City of Bangor be amended by adding the following: Chapter 93 - Chemical Dependency Treabnent Facilities That Provide Methadone Maintenance Treatment §93-1 Certificates of Occupancy Umited to Existing Facilities. No chemical dependency treatment faciiides, as defined in § 165-13 of the Ode, that provide methadone maintenance treatment, shall be approved, permitted, or received a Certificate of Occupancy within He City of Bangor other than those currently located within the City of Bangor. §93-2 Patient Number UmRatimre. Chemical dependency ordainment facilities that provide methadone maintenance treatment and that currently have a Certificate of O=pancr to operate within the City of Bangor shall be prohibited from accepting paUerns in excess of the number for which each facility is currently licensed by Soca and Federal agencies, §93-3 Application for Patient Number Increase. Provided, however, that any chemical dependency treatment facility Mat provides methadone maintenance treatment and that currently has a Certificate of O=pancy to operate within the City a Bangor may apply M the City for a license M Increase the number of patients Mat it may treat at Its edsld q facility. §93 Pudic Hearing on Application Prior to granting an Increase In the number of patients that a chemical dependency facility that provides methadone maintenance treatment may accept, Me City Council shall told a public hearing after reasonable notice of same has been given a the applicant and the hearing has been advertised, at the applicants expense, In a newspaper of general circulation In the city at least seven days In advance. At the pudic hearing, the testimony of any interested parties shall be heard. §93-5 Conditions for Approval. After the public tearing, the City Council shall grant the license requested provided that the applicant meets the following requirements: A. The property is adequate a accommodate the proposed increase including providing sufficient Interior space to avoid patent queuing on sidewalks, parking area, and other areas outside of the facility; B. The treatment program Is able a hire and retain adequate numbers of qualified staff to meet applicable Sate and federal standards of care; C. The applicant has demonstrated a need for Increased services Mat an not be reasonably met except by the increase In the permitted number of patlents at Its edsting loatlon; D. The applicant Is in compliance with ail State or federal laws, rules or regulations regarding its opioid treatment program; and E. The applicant is in compliance will all City codes and ordinances §93-6 Ceogaphic toation Allowed for Consideration. Whaitlstarding Me provisions of §93-5 above, the City Council may consider the geographic locations of patients and potential patents and may dem the application If it determines Mat Mere is sufficient patent demand M wi mach a treatment facility in an area geographically closer M current and potential future patents. This Ordinance shall apply retroactively to all actions and proceedings pending on July 1, 2008 notvriMsanding the provisions of 1 M.R.S. §302. IB un CW9C31 I I July 28, 2008 First Seeding and Referred toGovernment Operation # 111-)49 4L 6 ORDINANCE cxxr BBc i, (TPPLgdeyMy LL. 1:Ma of t93 fico Of Bangor by Mdi diug Chapter - ..�y 'ry recut Pa•_llitiea Itl CITY COBBCIL dugnt 25, 2000 BotioO lade aad Seconded for Passage Of Original Version Notion'Bnbted Voce: 8-2 councilors Voting Yes: B'Brrioo, Mn�vdb COueOBsr Parriugtou. Gratrick, Baha, Palmer and Ston Coon effete Voting SO: B1encMcte Co Bheelet P sed CITY