I. Council Action Requested.
Title
To adopt an ordinance extending the existing moratorium on marijuana cultivation facilities ending on April 3, 2020 to May 12, 2020.
Body
II. Basis for Council Action.
Council approval of this item is required because;
a. Pursuant to Article I, Section 2 of the Charter the town "may enact reasonable by-laws, regulations and ordinances for municipal purposes, not inconsistent with the Constitution and laws of the State of Maine,"
b. Pursuant to Article I, Section 2 of the Charter "the administration of all the fiscal, prudential and municipal affairs of said Town, with the government thereof, except as otherwise provided by this Charter, shall be and are vested in one body of seven (7) members, which shall constitute and be called the Town Council,"
c. Pursuant to Article II, Section 3(I) of the Charter the Council shall have the power to "exercise all the legislative, financial, borrowing and other powers now or hereafter given by statute to inhabitants of towns acting in Town Meeting except as otherwise provided herein, and also exercise all the powers now or hereafter given by statute to municipal officers of towns," and
d. Pursuant to Article II, Section 11(D) of the Charter and "to meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances."
III. Issue Summary.
Please refer to the attached full text of the moratorium ordinance.
An emergency ordinance was first enacted February 4, 2020, with immediate applicability. Pursuant to Windham's Charter an emergency ordinance may be adopted without a public hearing but may only remain in effect for sixty (60) days. In order to remain in effect beyond sixty (60) days the Council is required to hold a public hearing and vote on the ordinance again within that time frame.
A public hearing was held on February 25, 2020 where the moratorium was formerly adopted. A copy of the moratorium language is attached...
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