MINUTES
GRAY TOWN COUNCIL MEETING
March 1, 2011
HENRY PENNELL MUNICIPAL COMPLEX –7:00 P.M.
Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Matt Doughty, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: Ryan Keith, James Monroe, Glenn Peterson, Patricia Watson, Paul Watson, David Stevenson, Richard Bibber, Jean Bibber, John Scheckel, Andy Upham, Susan Austin
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of February 15, 2011, Town Council Minutes
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves February 15, 2011 Town Council Minutes, as corrected.
Councilor Grover asked about the spelling of Glenn Peterson’s company name. It should written as “Canuvo” and not “Kenuvo”
5 yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person) NONE
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson stated that the capital improvement budget will be reviewed at next Monday’s meeting.
He also commented on the Paragon Real Estate agreement with the Town. Town Manager Cabana has asked them to be at the March 15th Council Meeting.
Reports from the Town Manager:
Town Manager Cabana thanked Doug Webster and others for all of their efforts to make the Pennell Clock working. She also thanked the Pennell Alumni for their donation to get it restored. She stated that nominations for Town Council, School board and water district at Town Hall will be available on March 16, 2011. She additionally mentioned that there are cards located at the Town Hall’s counter and a notice is posted on TV to encourage people to sign up to receive e-notifications of Town news. Lastly, she noted that reminders for the second half of taxes has been sent out.
Committee Reports:
Councilor Hutchins stated that Public Safety Committee met and some changes have been done to the Mass Gathering Ordinance. It’s now on to the Town attorney for review. She asked about Nathan Tsukroff’s clock photos and thanked him for his efforts. They are now on the Town’s website.
Councilor Doughty said that the Street Ordinance Review will be meeting next week and hope to complete the work in the next couple of months.
Councilor Grover attended the CEDC meeting discussing the Northbrook TIF. He read a portion of a letter giving their recommendation. It will also be included in the next Council meeting.
He also commented on the Town Manager’s report. He stated that he will not run again for Council when his term is up. He plans to offer his services in a different capacity and will make an announcement soon.
There is a preliminary budget message online and that he encourages everyone to review it.
Councilor Sturgis attended the GPCOG meeting and Civic Center Trustee John Menario gave a presentation on what to do with the building. There will be a bond proposal on the November ballot. He stated that Cumberland County made its last debt payment and would apply available funds towards the Civic Center as an option to pay for it. He asked John Menario to speak to the Council at some point.
He also stated that the Recreation and Conservation Committee will be meeting this month.
Councilor Gellerson stated that the CEDC meeting is tomorrow night.
Council Correspondence: NONE
Third Order of Business:
Presentation:
Public Hearing: Consideration of a Marijuana Moratorium
Councilor Gellerson asked that people speaking should focus on whether or not they support it with a 5 minute time limit.
David Stevenson, a medical marijuana caregiver and stated that he wants to start a coop in Gray. He has found a site and the owner is fine with its use. He has contacted the Town Code Enforcement. He would like to see this moratorium not go into effect.
James Monroe stated that he supports the moratorium. He asked if the Council has exercised its intention in which they would find out what other communities are doing in order to become more educated. He also asked about the timeline, questions to be asked etc. He agrees with the moratorium to gather this information and make this a useful time to achieve this. He has no issue with those growing in a safe, secure environment.
Andy Upham advocates the moratorium in order to do due diligence. He asked who wrote the ordinance. Town Manager Cabana stated that the Town’s attorney has written this. He cited some sections of the proposed ordinance as part of his comments. He believes that as the law is written it states that other than not being located within 500 feet of a school, the location is at the individual town’s ordinance.
He stated that there is no reference in Gray’s Ordinance 402 for further descriptions on home occupations and there is no reference to medical marijuana caregivers. He believes that it is an area that is not outlined in ordinance. He urges the Council to do its due diligence in this.
John Scheckel does not advocate the moratorium as agriculture is a permitted use in Gray and is permitted in the property in question. Common plants and flowers also have medicinal use. A business should abide by the laws and medical marijuana is highly regulated, it provides funds to the tax base.
Prescription medications have higher risks, pose risks to the water sources when disposed etc. He encourages the Council to look at all aspects of this in making their decisions.
Richard Bibber commented on the permitted agriculture uses in the Town. He believes that there should be a moratorium and stated that it should be for 180 days.
Paul Watson stated that he is in favor of the moratorium as this is a complex issue.
Patricia Watson gave some facts on this issue. She read an article asking whether or not Maine voters were mislead on this issue and that this intent is that it will lead to legalization of marijuana. She also read some of the medical data on its adverse effects cited in the article. She believes that allowing this will change the image of Gray. She stated that many communities have a 6 month moratorium. She urges the Council to consider a longer moratorium.
Jean Bibber stated that she believes that there is no foundation of information for Maine to draw on. She indicated that Colorado’s issues are with regards to zoning, ordinances, possession amounts and the like. She stated that there are a myriad of other issues that need to be addressed including safety, property taxes and the like. She also stated that there have been fraudulent prescriptions by some physicians in Colorado.
She asked about the caregiver’s record keeping, inspections of the facility, and who checks on the state of the patient throughout the process. She supports the moratorium at 180 days.
Glenn Peterson thanked the Council and Town staff for devoting such time on this issue, and that there have been many people who have done research on this issue. He stated that he will abide by what Gray decides at this meeting. He also stated that Jean’s questions can be answered in the law.
Andy Upham asked how much additional revenue would come to the Town. Councilor Sturgis stated that it would be property taxes on a private property. Andy stated that he has an interest in making sure that there is no fiscal impact to the Town.
Ryan Keith has contacted some people from law enforcement, some towns, including South Portland. He stated that they expanded on the state rules in crafting their regulations. He gave an overview of the changes South Portland has done. He also stated that they have also implemented a limit on number of facilities permitted. Ryan Keith stated no one has answered questions on the care giver status.
He stated that he has read California’s rules and that they are very vague.
Councilor Sturgis asked if South Portland’s ordinance wording means dispensary or cultivation. Ryan stated that they have treated it in their wording as one and the same. Councilor Sturgis asked what is needed/required for a home business. Ryan Keith gave an overview of Gray’s regulations and that this is defined very well. He has not yet compared the medical marijuana application and if it requires additional standards. Ryan Keith stated that this item could be given a permitted/conditional use and be required to go to the Planning Board for approval.
Councilor Sturgis asked about a section in the law referencing to local regulations and that it doesn’t reference cultivation, only dispensaries. Ryan said he is not sure but locally, the town can create its definition/rules.
Councilor Grover asked if the Town’s Ordinance can establish fees for a particular business. Ryan stated that it’s possible but that different businesses have different inspections and that require a fee.
Glenn Peterson stated that Maine’s law is not like other states in that they have taken time to create the law. He believes that they will not be a burden to law enforcement with all the security measures they will have on the property.
Susan Austin supports the moratorium as there are many residents have many questions. Despite it being a state law there are still questions and wording to be answered. She also asked about school distances and whether or not it includes pre-schools, home daycare and the like. She urges the Council to do its due diligence and if they believe the proposed time is enough, to make it longer. While it is law, rule making comes after it passes and that can change things.
James Monroe stated that many people are offering the Council guidance. He urges the Council to be careful in its wording and definitions as they go through this process.
Consideration of Gray Tax Acquired Property Procedures Ordinance- No Public Comment
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.
Councilor Grover moved; Councilor Sturgis seconded
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.
5 Yes
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.
Councilor Sturgis moved; Councilor Hutchins seconded
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.
5 Yes
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.
Councilor Hutchins moved; Councilor Doughty seconded
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.
5 Yes
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.
Councilor Sturgis moved; Councilor Hutchins seconded
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
Councilor Hutchins stated that many people have brought up many good points to be considered. She can support 90 days but prefers 120 days.
Councilor Doughty is in support of the moratorium and also supports this type of business. He believes that the Town should do due diligence on aspects of the Town’s ordinances and zoning. He believes that it is up the Council to discuss and research this to create the right wording in the ordinance.
He also reminded the group about the consistency in ordinances (IE: the way the nude ordinance issue was handled).
Councilor Grover believes that this industry appears to be well regulated, but that it is important for the Town to craft the right wording in its ordinances. He believes that there is no more a risk for this industry as an agricultural business than others. He expressed some concerns about the home industry aspect of this. He stated that he will have strong objections to crafting the wording to eliminate this business.
Councilor Sturgis supports the moratorium for 90 days but also believes that if the Town hasn’t gathered all the necessary information, it can be extended. He stated that there is some law enforcement issues but that this can contribute to the law enforcement issues in general. There have been serious crimes in the Town related to prescription medication. He understands that this aspect is in infancy and believes that the Council’s role is to discuss this as a land use issue and to leave personal opinions out of this. The law appears to be relatively well written and the state seems to have done a better job in writing the law. He doesn’t believe that there will be a lot of negative impact on abutting property values.
Councilor Gellerson stated that he was impressed with the public on their views on this issue. He stated that he is favor of the moratorium and his main concern is where this can be located in the community.
Town Manager Cabana stated that she has some concerns about the Town’s administration and asks that the Council provide some guidance to help establish policy on this issue. She believes that 57 days is not enough time rewrite zoning ordinances without Council direction.
Councilor Gellerson suggested a workshop with Ryan Keith. Councilor Grover agreed and also suggested including decision points.
Motion carried 5 Yes
The Council agreed to a workshop with Ryan Keith on March 14th. Councilor Hutchins asked if
Ryan Keith can get the work that South Portland has done. Ryan said that he had just received it and will pass it along. He is also waiting on Lewiston’s work as well. Councilor Grover asked if any community has simply let the facility be located without special action. Glenn Peterson stated that Biddeford had a moratorium but was challenged in court.
Item #081-11 (Second Reading) To review and act upon adopting the proposed Town of Gray Tax Acquired Property Procedures Ordinance.
Councilor Hutchins moved; Councilor Sturgis seconded
The Town of Gray hereby ordains the approval of the proposed Town of Gray Tax Acquired Property Procedures Ordinance.
Councilor Sturgis stated that this is a good document and thanked them for their work.
5 Yes
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: - NONE
Eighth Order of Business:
Additions to the Agenda:
Town Manager gave an overview of the draft agenda. There was a discussion on some of the items and their possible length. Councilor Grover commented on the CEDC TIF recommendation letter.
Town Manager Cabana stated that the TIF recommendation has to be available to the public 10 days prior to the public hearing for review and before going to a special election. She gave an overview of the timeline necessary to achieve this. There was a discussion on whether or not the timing of a proposed date of March 29th is doable.
Councilor Grover asked about the status of the sign ordinance. Town Manager Cabana stated that staff is working on this.
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Hutchins seconded
Motion to adjourn
5 Yes
The meeting ended at 8:55pm
Minutes approved and accepted March 15, 2011 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Council Chair Margaret Hutchins, Vice Chair
______________________________ ___________________________
Mark D. Grover Matthew Sturgis
_____________________________
Matthew Doughty
* 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.
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