Roll Call:
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of February 15, 2011, Town Council Minutes
Proposed motion:
Ordered the Gray Town Council approves February 15, 2011 Town Council Minutes, as presented.
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Second Order of Business:
Reports from the Council Chair:
Reports from the Town Manager:
Committee Reports:
Council Correspondence:
Third Order of Business:
Presentation:
Public Hearing: Consideration of a Marijuana Moratorium
Consideration of Gray Tax Acquired Property Procedures Ordinance
Fourth Order of Business: ORDERS
Item #077-11 To review and act upon appointing Michelle Jackson as Registrar of Voters for the Town of Gray.
Proposed motion:
Ordered the Gray Town Council appoints Michelle Jackson as Registrar of voters for the Town of Gray for a two year term to expire December 31, 2012.
Item #078-11 To review and act upon an application by Maine Junior Volleyball to rent the Newbegin Gymnasium on a regularly occurring basis for the months of March and April, 2011.
Proposed motion:
Ordered the Gray Town Council approves the application by Maine Junior Volleyball to rent the Newbegin Gymnasium on a regularly occurring basis for the months of March and April, 2011.
Item #079-11 To review and act upon authorizing of the Town Manager to sign the quitclaim deed for Laurie May, Map 005, Lot 001 of the Tax Assessors’ maps of the Town of Gray.
Proposed Motion:
Ordered the Gray Town Council hereby authorizes the Town Manager to sign the quitclaim deed for Laurie May, Map 005, Lot 001 of the Tax Assessors’ maps of the Town of Gray.
Fifth Order of Business: ORDINANCES:
Item #080-11 (Second Reading) To review and act upon the proposed moratorium on medical marijuana dispensaries and cultivation operations.
Proposed Motion:
WHEREAS, legislation adopted by a State-wide referendum vote on November 3, 2009 liberalized the laws relating to medical marijuana dispensaries; and
WHEREAS, on May 5, 2010, the State of Maine’s Department of Health and Human Services adopted rules and regulations relating to the changes in law enacted by the November 3, 2009 referendum vote; and
WHEREAS, the potential unregulated location of medical marijuana dispensaries and associated cultivation facilities authorized thereunder in the Town raises legitimate and substantial questions about the impact of such dispensaries on the Town, including questions of the compatibility of medical marijuana dispensaries and cultivation facilities with existing uses and developments in residential and commercial zoning districts; the adequacy of streets to handle additional traffic; the potential adverse health and safety effects of medical marijuana dispensaries on the community if not properly regulated; the possibility of illicit sale and use of illegal drugs, misuse of prescribed marijuana and associated criminal activity by those who would abuse the intended salutary purposes of the new law; and the potential increased burden on the
Town’s Police Department and related law enforcement agencies; and
WHEREAS, the Town’s current Code of Ordinances does not adequately address the concerns listed above; and
WHEREAS, the possible effect of the location of a medical marijuana dispensary and cultivation facilities has implications for the health, safety and welfare of the Town and its citizens; and
WHEREAS, the Town needs time to study the DHS rules and regulations relating to the licensing of medical marijuana dispensaries and cultivation facilities and to study its own Code of Ordinances to determine the implications of future proposed medical marijuana dispensaries and cultivation facilities to develop reasonable ordinances governing the location and operations of such dispensaries and cultivation facilities to address the concerns cited above; and
WHEREAS, the Town, under its home rule authority, its police power generally and as otherwise provided by law, has the authority to impose reasonable restrictions, conditions, and limitations on such dispensaries and cultivation facilities and other changes in law as a result of the new statutes and regulations; and
WHEREAS, the Town Council, with the professional advice and assistance of the Sheriff’s Office and the Maine State Police, the Planning Board and the Planning Department, shall study the Town’s Code of Ordinances to determine the land use and other regulatory implications of medical marijuana dispensaries and cultivation facilities and consider what locations and conditions of approval might be appropriate for such uses; and
WHEREAS, the current Town’s Code of Ordinances and other applicable laws, if any, are not adequate to prevent serious public harm possibly to be caused by the development of medical marijuana dispensaries and cultivation facilities and other uses authorized by the changes in law as a result of the November 3, 2009 referendum vote, thereby necessitating a moratorium; and
WHEREAS, a moratorium is necessary to prevent an overburdening of public facilities that is reasonably foreseeable as the result of medical marijuana dispensaries and cultivation facilities and other uses authorized by the changes in law as a result of the November 3, 2009 referendum vote, being located in the Town; and
WHEREAS, it is anticipated that such a study, review, and development of recommended ordinance changes will take at least ninety (90) days from the date the Town first enacts this Moratorium Ordinance on Medical Marijuana Dispensaries;
NOW, THEREFORE, be it ordained by the Town Council of the Town of Gray, that the following Moratorium Ordinance on Medical Marijuana Dispensaries be, and hereby is, enacted, and, in furtherance thereof, the Town Council does hereby declare a moratorium on the location or licensing of any medical marijuana dispensaries, including cultivation facilities associated with such dispensaries, whether or not on the same site as the associated dispensary, within the Town. This Ordinance shall take effect in accordance with the provisions of the Town Charter, but shall be applicable as of January 25, as expressly provided below. The moratorium shall remain in effect for ninety (90) days from the date of applicability of this Ordinance, unless extended, repealed, or modified by the Town Council, for the express purpose of drafting an
amendment or amendments to the Town’s Code of Ordinances to protect the public from health and safety risks including, but not limited to, compatibility of medical marijuana dispensaries with existing and permitted uses in residential and commercial zoning districts; the adequacy of streets to handle additional traffic; the potential adverse health and safety effects of medical marijuana dispensaries on the community, including the cultivation of marijuana by or for a dispensary; the possibility of illicit sale and use of illegal drugs, misuse of prescribed marijuana and associated criminal activity by those who would abuse the intended salutary purposes of the new law; and the potential increased burden on law enforcement agencies serving Gray.
BE IT FURTHER ORDAINED, that this Ordinance shall apply to medical marijuana dispensaries, which means a “registered dispensary,” including cultivation facilities associated with such dispensaries, whether or not on the same site as the associated dispensary, as that term is defined by State statute, 22 M.R.S.A. § 2422(6), as may be amended from time to time, that may be proposed to be located within the Town on or after January 25, 2011 applicability date of this Ordinance; and
BE IT FURTHER ORDAINED, that notwithstanding the provisions of 1 M.R.S.A. § 302 or any other law to the contrary, this Ordinance, when enacted, shall govern any proposed medical marijuana dispensary, including cultivation facilities associated with such dispensaries, whether or not on the same site as the associated dispensary for which an application for a building permit, Certificate of Occupancy or any other required approval has not been submitted and acted on by the Code Enforcement Officer or other Town official prior to January 25, 2011, the applicability date of this Ordinance; and
BE IT FURTHER ORDAINED, that no person or organization shall develop or operate a medical marijuana dispensary, including cultivation facilities associated with such dispensaries, whether or not on the same site as the associated dispensary, within the Town on or after January 25, 2011 applicability date of this Ordinance without complying with whatever ordinance amendment or amendments the Town Council may enact as a result of this moratorium ordinance; and
BE IT FURTHER ORDAINED, that during the time this moratorium ordinance is in effect, no officer, official, employee, office, administrative board or agency of the Town shall accept, process, approve, deny, or in any other way act upon any application for a license, building permit, certificate of occupancy, special exception review, site plan review and/or any other permits or licenses related to a medical marijuana dispensary, including cultivation facilities associated with such dispensaries, whether or not on the same site as the associated dispensary; and
BE IT FURTHER ORDAINED, that those provisions of the Town’s Code of Ordinances that are inconsistent or conflicting with the provisions of this Ordinance, are hereby repealed to the extent that they are applicable for the duration of the moratorium hereby ordained, and as it may be extended as permitted by law, but not otherwise; and
BE IT FURTHER ORDAINED, that if medical marijuana dispensaries, including cultivation facilities associated with such dispensaries, whether or not on the same site as the associated dispensary, are established in violation of this Ordinance, each day of any continuing violation shall constitute a separate violation of this Ordinance, and the Town shall be entitled to all rights available to it in law and equity, including, but not limited to, fines and penalties, injunctive relief, and its reasonable attorney’s fees and costs in prosecuting any such violations; and
BE IT FURTHER ORDAINED, that should any section or provision of this Ordinance be declared by any court of competent jurisdiction to be invalid, such a declaration shall not invalidate any other section or provision.
Applicability Date: January 25, 2011
Item #081-11 (Second Reading) To review and act upon adopting the proposed Town of Gray Tax Acquired Property Procedures Ordinance.
Proposed Motion:
The Town of Gray hereby ordains the approval of the proposed Town of Gray Tax Acquired Property Procedures Ordinance.
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: -
Eighth Order of Business:
Additions to the Agenda:
Ninth Order of Business: Adjournment
* The Town of Gray is an equal opportunity employer and complies with all applicable equal access to public accommodations law. If you are planning to attend a Town Council or Town committee or board meeting and need assistance with a physical disability, please contact the Town Manager’s office at least 48 hours in advance of the meeting to have the Town assist you. 657-3339. TTY 657-3931.
| 
