Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Matt Doughty, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: Glenn Peterson, Jean Bibber, Richard Bibber, James Monroe, Fran Monroe, Patricia Watson, Andy Upham, Bill Harnden, Jessica Perry, Ryan Keith
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of February 1, 2011, Town Council Minutes
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves February 1, 2011 Town Council Minutes, as corrected.
Councilor Grover stated that on page 2- TIFs is spelled incorrectly (one F, not 2) and in another paragraph on the same page the word “expectation” should be singular.
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Patricia Watson, 246 Portland Rd. stated that she has been reviewing the Town’s website and noted that there are a number of the same people on the various committees and also noticed that there are numerous committee openings. She also commented on the last Planning Board meeting’s lack of a quorum. She questioned this action. She stated that now that the Planning Board is now once a month, there should be more attendance by the Board members so as to not have this situation.
She also commented on Councilor Gellerson being the sole Councilor on the finance committee as well as his suggestion of re-hiring Bill Dale and the suggestion that the Town Manager not require Council approval of up to $20,000. She cited the Town’s Charter stating that 2 Councilors are required to be on the committee. She asked if this is appropriate and expressed her concerns about his extensive involvement with the various committees.
Councilor Gellerson stated that the Council has the same concerns about the lack of involvement and that they will continue to announce committee openings. He also stated that he is required to sign the warrants as listed on the documents.
James Monroe asked about the Town’s unfunded liabilities. He also asked about the Town’s retirement and the match. He asked where the funds are held. He also asked about the earnings being made the accounts and does that offset the Town’s contributions.
Councilor Sturgis explained that they are a part of the ICMA. He stated that the match is put in the employees’ accounts directly and there is no unfunded liability as is with the Maine State Retirement System. It is the employee’s risk and responsibility to manage and select their accounts within the ICMA process and the Town’s match becomes the employees’ money and their risk/reward depending on their decisions.
Fran Monroe commented on the budget warrant and asked if the Sheriff’s contract is being included. Councilor Grover stated that it is being discussed and reviewed.
She also commented on the Village planning project image on the Town’s website as this does not appear to be what was discussed at the public meeting for this project. Councilor Sturgis stated that the design may have been chosen at random to be on the website. Town Manager Cabana stated that the entire report and concept designs are on the website. No final decision has been made and further discussion and public input will be done. She stated that she believes that the design is misleading. Fran Monroe asked when the public can get the full financial breakdown for this.
Andy Upham stated that he believes that Planning Board and Finance Committees should have good representatives on these committees and if there is not enough participation he believes that it is up to the Council to fill the void.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson stated that the next budget meeting is Feb. 28th at 7pm.
Reports from the Town Manager:
Town Manager Cabana reminded people that the Town Offices will be closed for President’s Day.
Committee Reports:
Councilor Sturgis stated that the GPCOG meeting is tomorrow.
Councilor Grover said that GPCOG will be discussing the Civic Center project/bond question. He also stated that the Library Trustees met and there are new materials for the library, AED training is complete. They also approved the policy for multi- use at the facility.
Councilor Doughty stated that the Street Construction Ordinance Committee meets 1st Thursday and always welcomes new members. He misspoke at the last meeting and the final revisions should be ready in mid-May and not April
Councilor Hutchins stated that the Solid Waste Committee met and has finalized nominations for eco-excellence award and they are working getting information on breakdown of transfer station funds. The Mass Gathering ordinance is nearly done.
Councilor Gellerson stated that the CEDC is meeting 2 times a month and discussions on the public survey on the village project will be done.
Council Correspondence: NONE
Third Order of Business:
Public Hearing: Consideration of a Marijuana Moratorium
Glenn Peterson of Poland and President of CANUVO (licensing in Maine for distributing medical marijuana) gave an overview of the law.
2009 the citizens referendum was approved. He stated that in Gray the majority voters were in favor at November election.
Maine has limited, specific conditions that marijuana can be prescribed. There are 8 districts in the state.
In January of 2011, all patients/caregivers required to register with state.
The objective is to provide safe, regulated medical marijuana to patients.
CANUVO is a Maine 13B non-profit, licensed to dispense marijuana. Has a dispensary in Biddeford near SMMC. It is comprised of 6 Board of Directors, made up of business, non-profits, and residents. He discussed the impact to Gray and that they are looking for a safe, secure facility to cultivate as required by Maine law, the product must be grown in the state.
There will be no signage on site. They would like to be part of the Town and that a moratorium is not an uncommon discussion. He gave an overview of the moratorium process in Biddeford. Cultivation is not an immediate need, but requires several months of planning to get this started.
Councilor Sturgis asked if as a non-profit, they will request a non-profit tax exemption. Glen stated that as an LLC, they will pay taxes.
Councilor Grover asked what the changes have been since 1999. Can the patient still grow their own marijuana? Glenn said yes.
Councilor Doughty asked what makes marijuana medical grade. Glen said that their objective is to grow it as organically as possible as patients.
Patricia Watson asked where the building is located that they are considering.
Glenn Peterson stated that it is at 166 Yarmouth St.
Bill Harnden of Auburn and a patient and a CANUVO board member stated that he has benefitted by the medication they have provided and has improved medically. He stated that it’s a good program and wanted to put a face on this issue. He encourages people to keep an open mind in their consideration.
James Monroe stated that there is no one other than the medical community who can make a value judgment on the benefits of medical marijuana. He believes that the discussion should be solely as to whether or not this is a business that can do any harm to the community in any way. He believes that pharmacies and supermarkets are just as much a risk, if not more so, and that if it is secured, it should considered. He commented that there is an item on the agenda about a moratorium and it is important that the public needs to know the reason that it is being considered.
Richard Bibber stated that as he understands it the state doesn’t understand the details of the law, then a moratorium is in order.
Patricia Watson stated that this is a complex issue. She stated that she doesn’t believe that it should be grown in the Town. She is concerned about the safety, and quality of life issues among other things. She doesn’t support the notion that these people are patients and caregivers and that there is a risk for safety being compromised. She doesn’t believe that it is a safe and appropriate medication. She cited some statistics on marijuana’s impact as an industry. She stated that Topsham has placed a 6 month moratorium in order to review and explore the issue further.
Glenn stated that locating a dispensary requires that it be convenient to the patients. However, finding a large location is more difficult to find on major roads due to the economics (i.e.: costs of the property). As it is agriculture, they are looking for a location that is zoned for this.
Councilor Gellerson asked why the amount square footage they require. Glenn Peterson stated that as a dispensary provider, the number of patients is higher and that there are specific varieties of plants for specific ailments.
Glenn outlined the harmful ratings. The harmful rating is 80,000 for marijuana. Marijuana therapy is a reduction of harm and risk. Oxycontin patients have greater harm and risk. Tylenol has a harmful risk of 12, but children can pick them up in a store. Energy drinks pose a greater risk to children, but is also accessible.
He also discussed the cash value on the black market and that unlike their business doesn’t pay taxes and the like. They will be required to pay federal taxes on the gross, insurances, security means etc. He stated that he believes that it so important an issue that he is willing to take the risk and make the investment to help his patients. He would like to be part of the community.
Jessica Perry is familiar with the site and it is a good location and understands why this discussion is taking place. She stated that this is an agricultural use and that there will be about 12 people employed and that a property is going to be used and not sit empty. She also believes that it should be considered as it helps critically ill people.
Andy Upham stated that the moratorium being considered is on the issue of the dispensary and cultivation. The 180 day limit is not listed on the motion but is in the language in the ordinance.
Town Manager Cabana stated that it is a first reading and the length of time can be retroactive to the initial date of discussion.
Andy Upham read some excerpts from a couple of Feb. 6, 2011 articles on dispensaries/cultivation. He stated that, as he understands it, the moratorium will review growing and dispensing marijuana in the entire Town. He believes that there is little thought on the part of the state on the distribution of the product which concerns him. He also cited some parts of the article discussing some of the changes that some advocates want to do with some of the provisions in the law. He expressed his concerns that it is the Town’s responsibility to make sure that the ordinances protect the residents. He stated that he does not want to see the Town have a dispensary and understands that this request is for cultivation, but that marijuana shouldn’t be part of the Town’s profile. He believes that
a location such as Pineland is a more appropriate place for them.
Jean Bibber stated that she agrees with the moratorium. Until all the questions are answered, it is appropriate. She commented on the impact on residences, as well as, the health, and safety implications. She believes that this would not be good for attracting business in the community. She also stated that other states are rethinking their dispensaries which may be a warning sign. It appears that there are not specific conditions to warrant its use. She cited an article on marijuana use and addiction and is not sure how this helps their medical conditions. She also commented on the state’s involvement in the process and that this is another financial implication in the state’s budget.
Glenn Peterson stated that the prescriptions dispensed are to relieve their symptoms and those who were arrested shows that the system works as they would be inspected and could be inspected at any time. He also commented that businesses such as tattoo parlors and nude dancing are legal in Maine. Medical marijuana is a legal business. He stated that the November vote outcome in Gray shows that the citizens are open to this.
Fran Monroe stated that illegal use and distribution of those who were arrested was because it was illegal. She stated that there is illegal drug use in the community and nothing has been done. She stated that legal prescription drugs are just as dangerous. She believes that the Town should discuss it with those at the state level who will regulate this to get the right information to make the best decision based on facts. She stated that other committees should have done some research and offer input and advice to the Council for an ordinance. She doesn’t believe that putting a delay with a moratorium will solve other issues that arise in the future.
Councilor Sturgis asked Fran Monroe if she is arguing in favor of a moratorium to allow time to create an ordinance. She stated that a moratorium is important to gather objective, non-emotional information and recommendations to make the best decision. She believes it is a policy question that should be researched and studied.
Andy Upham stated that the Gray voters approved to have medical marijuana in the state. The current question is whether or not this is what the residents want for the Town. He believes that the ordinances need to be well written to address all aspects of the issue.
Fourth Order of Business: ORDERS
Item #074-11 To review and act upon authorizing the Town Manager to extend the listing agreement for an additional year with Paragon Commercial Real Estate for the purposes of marketing and selling the properties located at 6 and 8 Shaker Road.
Item #074-11 has been tabled to the March 15th meeting.
Councilor Sturgis asked to table this item as it has been a year since this contract was signed and that there should be more updates from them.
Councilor Gellerson agreed as the CEDC is working on this. There was concern that the listing will disappear. Jessie Perry stated that it would still be listed, but the exclusivity with agent would not be there.
There was a discussion on which meeting this status report should be presented. It was agreed to have it for the March 15th meeting.
Jean Bibber asked about the 3rd property. Councilor Gellerson stated that the listing is for #6 and #8 as #4 Shaker Rd (Stimson Hall) is leased, but it is available if someone interested.
Town Manager Cabana stated that the realtor is aware of this lease and its availability.
Fifth Order of Business: ORDINANCES:
Item #075-11 (First Reading) To review and act upon setting a public hearing on March 1, 2011, for the purposes of approving and adopting the proposed Town of Gray Tax Acquired Property Procedures Ordinance.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council sets a public hearing on March 1, 2011 for the purposes of approving and adopting the proposed Town of Gray Tax Acquired Property Procedures Ordinance.
Councilor Hutchins stated that this is appears to be cleaning house to make the wording clearer.
Councilor Doughty stated that he likes the red line corrections available.
Town Manager Cabana stated that there has been a lot of work on this ordinance and if Gray doesn’t have an ordinance, there is no recourse for the Town to sell the property etc. This will make things easier.
Councilor Grover asked if the authority without an ordinance is a town meeting or other and does the Town’s Charter allow for this ordinance. He asked if this impacts property that has been gifted to the Town.
Councilor Sturgis supports this and it makes things clear. Councilor Gellerson believes that it provides some support for staff.
5 Yes
Item #076-11 (First Reading) To review and act upon the proposed moratorium on medical marijuana dispensaries and cultivation operations.
Councilor Doughty moved; Councilor Sturgis seconded
Ordered the Gray Town Council sets a public hearing on March 1, 2011 for the purposes of approving and adopting the proposed moratorium on medical marijuana dispensaries and cultivation operations.
Councilor Gellerson asked if there is anything in the Town’s ordinance on this issue.
Ryan Keith, Code Enforcement stated that not on point, but it does fall under agriculture as a permitted use. He stated that he asked Glenn Peterson about bringing this up for discussion and commended him for his willingness to have an open discussion to help those who may have concerns.
Councilor Sturgis asked if a dispensary can be considered a retail agricultural business and could someone else argue that possibility. Ryan Keith stated that since there is a retail aspect to this, it will not be taking place at the proposed location in the Town. The guidelines of the ordinance are clear but there is also an appeal process if someone wanted to try to do this. He believes that Glenn Peterson’s process of open dialogue is a good reflection of the intent.
Councilor Sturgis asked about the growing capacity and that it is likely that marijuana is grown illegally. Ryan Keith stated that if they are a legitimate home occupation business/caregiver they would have to be registered with the Town. He also stated that if they are using this in a food product there is additional licensing required and annual site/health inspections.
Councilor Grover asked if there is anything in the ordinance about the size of an agricultural operation. Ryan Keith stated that there are some criteria, such as a retail site, that would trigger additional requirements from the Town. He cited the example of people wanting to have eggs. The business plan and the intent that someone presents is an important one.
Councilor Grover asked if there are any glaring gaps in the Town’s ordinances. Ryan Keith said that there are none, but anything can be picked apart. He suggested clarification from the state to help them. He also stated that in any industry there are going to be people who will break the rules.
Councilor Grover asked if Ryan has worked with the departments who would manage this. Ryan Keith stated that DHHS has been helpful to provide advice and guidance. Councilor Grover asked if there were no ordinances would he believe that he could still do inspections. Ryan Keith stated that he believes that he could do so and has had positive experiences with inspections since he has started working with for the Town.
Councilor Doughty thanked everyone for their contributions to this discussion. Councilor Gellerson stated that the Council received a letter from Allan and Arlene Foster opposing the moratorium. They are the sellers of the property at 166 Yarmouth Rd.
Councilor Gellerson asked Ryan Keith if this is well thought out. Ryan stated that, as written, it covers most of the questions but, as with anything, it can be challenged. From a personal perspective, it can be an asset and can be controlled and that some issues can be addressed. Ryan Keith would support a moratorium to address the issue and gather the information to make sure that residents understand this.
Councilor Sturgis stated that he has informally polled residents and it is a conflicting issue. He believes this is a land use issue that should be addressed. He believes that the written guidelines by the state are fairly clear and that citizens of the state passed this law. It would be a quiet operation and would help a seller with his property. He is concerned about values for neighboring properties which hasn’t been addressed. He believes that a 180 moratorium is too long. He recommends 60 days starting from Jan. 25th as a sufficient amount of time to gather the data. The state appears to have a lot of language on this. He stated that there are other businesses that can create more impact.
Councilor Grover stated that he understands the fears and concerns about this issue. However, he stated that he is impressed with the amount of language and regulations that exists. He stated that he doesn’t see evidence of harm to the community to implement the state regulations. The circumstance is that this is cultivation and not a dispensary and opposes the moratorium.
Councilor Doughty stated that if a business is within the limits of the law then it should exist. He also stated that if there is a business the Town doesn’t want, then there should be consistency in the decision. (IE: The nude entertainment ordinance)
He doesn’t believe 180 days is necessary. He would like to hear from other community representatives on the process they have taken and the impact this has been for their community. This is a state law, but this is to be addressed as to whether or not it should be in Gray. He supports a moratorium to gather more information but not for 180 days. He would like to see another means to gather more public input to get a sense of the community as a whole.
Councilor Hutchins stated that she doesn’t oppose this but she believes that it would be good to hear from other communities on their experiences to help make the decision and to make any changes if necessary. She can support a moratorium but for 90-120 days.
Councilor Gellerson can support 90 days and is also concerned with neighboring property values. He thanked Glenn for his openness in discussing this issue.
Councilor Grover asked what action would be taken in the shorter moratorium time, schedules and the like.
Town Manager Cabana stated that 60-90 days may not be a sufficient amount of time to gather all the data and materials and the work needed to work through an ordinance via the Town’s Charter. The length of time on the moratorium can be changed at any time.
Councilor Sturgis stated it essentially comes down to definition of use and how it is within the Town’s ordinances. The legal aspects have already been spelled out by the vote outcome at the November statewide election.
Councilor Sturgis moved; Councilor Grover seconded
Motion to amend Item #076-11 from 180 days to 90 days starting back to Jan. 25, 2011.
Councilor Hutchins suggested 120 as compromise since 30 days have nearly passed from the Jan. 25th start date. Councilor Sturgis stated that 120 days will be used. Ryan Keith stated that as long as it is clear what information they would like to gather, he could meet the deadline.
Andy Upham asked where in the order from the agenda that the time frame is included. He stated that the order is for a March 1st public hearing on the moratorium. He stated that the Town Manager has indicated that more time is needed and that the questions/issues to gather this information haven’t been decided. He believes that it is a fait accompli about a moratorium.
Glenn Peterson stated that he pledged his cooperation with Ryan Keith. At present there is no cultivation set-up and that he can offer information on the process went in Biddeford.
Councilor Grover asked if there are analogous laws in others states. Glenn Peterson stated that no as Maine has learned from some of the issues facing other states.
3 yes/ 2 No (Gellerson, Hutchins) (on amendment)
5 yes (original motion.)
Councilor Grover would like to hear the impact in other communities, and clarification on the definition of agricultural use in Gray.
Councilor Doughty stated that he wanted gather information to see if there is a model on this.
Councilor Gellerson would like Ryan Keith’s thoughts on location and is Route 115 appropriate and the neighboring property values.
They asked Ryan Keith to have this for the March 1st meeting. Ryan Keith stated that he would make every attempt.
Sixth Order of Business:
Council Action Items, Assignments and Issues Status:
Request that Maine DOT review signage in Gray center and nearby state roads.
Consider and discuss a proposed Mass Gathering Ordinance, eventually moving it to a Public Hearing.
Complete all revisions to the Street Construction Ordinance (§ 400).
Amend or replace the Sign Ordinance (§ 406).
Review the town TIF Policy. (CEDC to amend and not rewrite)
Establish a Gray Hall of Fame award and a process to identify initial, historical recipients.
Begin organizing a Comprehensive Planning Committee.
Seventh Order of Business:
Council Business: -
There was a discussion on a Town newsletter by CEDC to inform the public and to use this vehicle to
survey the public on issues.
Councilor Sturgis believes that a mailed survey would yield low results and other options should be
explored. (IE: phone survey). Councilor Hutchins stated that she is concerned about the accuracy of the
responses from those who are not as engaged in the community. Councilor Grover doesn’t support
surveys until the public is better informed. He suggested that the CEDC make use of the Gray cable,
news media and have a display at the June polling area. This would be good time to a survey and gather
more information. Councilor Doughty agreed with this suggestion.
Town Manager Cabana stated that some suggestions include a message on Gray cable to ask people to
subscribe to the website to get information and news.
Eighth Order of Business:
Additions to the Agenda:
Ninth Order of Business: Adjournment
Councilor Grover moved; Councilor Sturgis seconded.
Motion to adjourn
5 Yes
The meeting ended at 10:05pm
Minutes approved and accepted March 1, 2011 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Council Chair Margaret Hutchins, Vice Chair
______________________________ ___________________________
Mark D. Grover Matthew Sturgis
_____________________________
Matthew Doughty
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