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SOUTH PORTLAND – As expected the South Portland City Council has given initial approval to a moratorium that would temporarily ban a new liquid propane distribution facility from going in at the Rigby Rail Yard.

In a 4-3 vote on Monday, Dec. 21, the council passed the moratorium on first reading, which now sends the issue to the Planning Board for a public hearing and recommendation back to the council.

Last week the city’s Planning Department informed NGL Supply Co., the company behind the Rigby Yard proposal, that it’s application to construct a 24,000-gallon above ground tank and related facilities was complete and that the project was scheduled for Planning Board review on Jan. 12.

That review of NGL’s site plan application, however, will likely now be put off, angering the company, which is seeking to move from the Portland waterfront to South Portland after being displaced by a state-sponsored project.

“This decision sends an alarming message to any business interested in establishing itself in South Portland,” Kevin Fitzgerald, regional operations manager for NGL Energy Partners, said following Monday’s council meeting.

“In rejecting the guidance of their own (former, veteran) Fire Chief, the councilors confirmed that they are willing to preempt and delay the city’s own processes for purely political purposes,” he added.

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In a written statement, Fitzgerald also reiterated the testimony given to the council on Nov. 9 by then Fire Chief Kevin Guimond in which the he said, “We feel we have the codes in place we need to make this decision. We don’t need any more info. I can say that.”

And Guimond went on to say, “We will not let politics cloud or rush a decision in where we end up with the project. But I will tell you this, we will come out of this with a safe project.”

Prior to Monday’s council meeting both the South Portland/Cape Elizabeth Community Chamber of Commerce and the Portland Regional Chamber of Commerce released statements calling on the South Portland council not to approve the moratorium.

The goal of the moratorium, according to City Manager Jim Gailey, would be to allow the city to review its current fire codes to ensure they are adequately providing for public health and safety.

Although the moratorium passed on first reading, it is unlikely to receive ulitmate approval as it would need a five-vote supermajority.

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