Planning Board - Regular Meeting

Wednesday, February 4, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Planning Board
Meeting Type
Planning Board
Location
Ellsworth, ME
Meeting Date
February 4, 2026

Transcript

130 sections (from 826 segments)

0:00 – 0:380

Okay, I'll call to order the city of Ellsworth planning board meeting for February 4th, 2026. Introductions. Lisa Laru, planning board member. John Balo, chair. Rick La, vice chair. Mike, board member. Alternate. And Smear is slightly late board member. Daniel, director of planning and development. Certain city planner Robert Grant code enforcement officer Andrew Lerlo deputy code enforcement officer

0:36 – 1:170

item number two adoption of minutes from the January 7th 2026 regular meeting any additions deletion comments questions make a motion to accept the minutes second submit it all in favor item number three proposed amendments to chapter 56 unified development ordinance article 8 performance standards. The proposed amendments will add performance standards for adult use cannabis and refine section 817 medical marijuana dispensary. Who's in who's going first?

1:13 – 3:110

I'll go first. Yes. So before you um you have two revisions. One is to add the uh performance standards for adult use um cannabis stores. The license that goes with that was adopted into chapter 14 as a revision at the last um city council meeting. So this is the next step is approving the performance standards and then the step after and so next it'll go back to city council with your recommendation to approve or whatever your recommendation is. I'll put it that way. Um and then they will vote to adopt that revision um into our codes. Um, following that, um, we'll do a citywide mailer to go with the zoning overlay associated with adult use cannabis, and then that'll be adopted by city council after that. And then we go live. Um, uh, licenses should be um, open for application on a 30-day window, and I think it's um, sometime in April is when that'll open if we stay on schedule with approvals. The other component is the medical um cannabis dispensary performance standards. City council would wanted us to update those and that's why this is before you. They're in alignment with the adult use. Um so they look almost identical. There are a huge differences um because the state does regulate them in in in different ways um but they are nearly identical. Um thank you um for providing feedback throughout this process. Um these performance standards take into consideration your feedback feedback from city council at their January workshop um and has been reviewed by um our city attorney and our cannabis expert as well. So that's where we are.

3:08 – 3:510

Okay. Um and there is one thing thank you Raymond on the draft for the medical um the section is wrong. It's actually it's right in our minutes it's should be article 817 not 814. So that will be fixed. Okay. So it is 8:14. It is 817. Yeah 817. Yeah. Medical is 817. Those numbers are right next to each other in the 10 key. That's my I think that's what happened. I'll buy it. So all the fours are sevens. Exactly. Or most of the fours are sevens. Yeah. The important fours are sevens. Some or some are seven. Yeah.

3:51 – 4:290

Any other comments from staff. Okay. Why don't we take comments from the board? Why don't we Why don't we do the medical cannabis dispensary first if there's any comments first? Does medical actually allow cultivation? The state does allow cultivation. Yes. I thought that that was a separate thing. It's a separate license from the state. Yes.

4:26 – 5:020

Okay. So, I guess my question is, should cultivation be mentioned in the medical cannabis section? because because it's not allowed per se under I mean it's it's cultivation per se is not allowed in a medical in Ellsworth right I agree so do you want me to add like specifically that the the cultivation is not part of this I ju just erase it oh sure yeah yeah I mean that would be an 814 or whatever it might be numbered

5:00 – 5:430

uh 814.1 the very first one it says regulate the cultivation and retailing of blah blah blah and just regulate the retailing of I can make that clear. Yeah. Okay. Are we saying then that cultivation is not part of this game? That's correct. I mean I think that's correct. I believe so. Yeah. Yeah. No, I mean because there were four different things that they that you could do with medical marijuana. One is medical use, one is recreational use, one is cultivation, and one is something else. Yeah. Well, there there's it's it's there's storefront because medical and retail are separate and adult use are separate, right?

5:42 – 6:210

So So you you listed the four uses actually that's actually for retail for so it's it's it's it's adult use or or a medical dispensary is the retail component, cultivation, testing, and whatever the fourth one you said. I think it's manufacturing. Manufacturing. Yes, manufacturing. So anyway, but but nonetheless, cultivation relationship. I I'm I you know, I'll be honest. I'm not 100% sure on the medical side of it, but I know for adult use, the only thing that was approved with that uh referendum was retail establishments. There's no no cultivation, no manufacturing, no testing. Right.

6:18 – 6:590

But for medical, the cultivation was in the performance standards as I like inherited. And so we don't know. Well, you know, if if it's if it's really an allowed part of the medical thing, then I guess it should be there. But if it's not, which I don't think I don't think it is too. The way it reads doesn't say that it's allowed and it's not part of the license. And I mean, ever since I mean it first started with main organic therapy and I mean there it was just sales. There was no cultivation, no manufacturer, anything like that. I mean it was just when was John main organic therapy when they first started out on the bucks road

6:56 – 7:370

I was looking at the previous ordinance back in 817 where it says all cultivation of marijuana shall take place in a non-transparent secured building that was back the only reference to cultivation so that was I don't know when that was put in that was the old one that we had yeah whenever whenever they went in that was 20 years ago Yeah. And there wasn't discussion of taking that component out of council. So that's why it was still in there because at that time I mean the the state was just licensed in eight dispensaries and it was just sales. You know you couldn't do anything else.

7:350

Anyways it seems to me it would be clear to have cultivation out of this.

7:39 – 8:220

I I agree cultivation is is a larger problem and this is just my experience. It might be in an aside, but in Massachusetts there is a facility that cultivates cannabis that is probably larger than square footage, my guess, than this building, you know, and I don't think we want to to lay the groundwork for that kind of thing to be happening here. Next. Yeah. Oh, you go.

8:17 – 8:410

Okay. Uh, in 8:14 or 8:17 point to the second sentence under authority, the second sentence is not a sentence and it should be a sentence. I missed that one. I tell you, I used to be an editor.

8:37 – 9:190

I used to be a news teacher. Yeah. Um, I have another question about I I didn't repeat necessarily repeat questions from one section once to the other and I did the, you know, retail sales thing first. So, I'm not picking them all up. But in any event, um, I have a question about, and this would go for both of them actually, the parking and circulation 814.6 or 817.6 6. Um, offsite or satellite parking is prohibited. Correct.

9:15 – 9:590

So, if someone had a storefront and a strip mall, would that be in the would the parking that's common to a strip mall be offsite for the marijuana facility? I wouldn't think so. No. No. No. It's on the parcel that the building's on. Well, but the thing is the build the the building would be on a very discreet parcel that only it's part of the whole building though on that one parcel, right? No, no, wait. This this says off-site parking. So, that that would presume I'm saying that that parking is not offsite because it's on the same parcel that the business is Oh. working on. It would be like if

9:58 – 10:320

maybe if if I was in one strip mall and there was another strip mall on a whole different parcel. Yeah. and the parking lots were split by a piece of grass, that one over on the other parcel would be offsite. But this one would not be. Okay. Because it is so some somehow another that even though an owned parcel might just be the building and not have any part of the strip mall. I don't see I don't see much I don't know of many parcels where the building and the parking are not on the same parcel.

10:30 – 11:150

But that Rick Rick I missed this one. Rick's comment suggest to me what if I want to walk to the facility and I'm not using any parking lots or whatever. I'm just going through them. We what I guess what it is for is that you can't open a business and not have access to parking. You can't just rely on satellite parking for your business. Say, "Hey, I'm going to open up this shop. I have no parking, but we're going to use the public parking." Okay. For in front of city hall for my my my required parking. So if I wanted to open a shop figuratively speaking in my house Yep.

11:14 – 11:590

I ain't got no parking. You don't have room for parking. That that's an entirely different hypothetically. Yes. I'm not opening a shop or anything. But if a business wanted to open a shop in a place like my home, any business pretty much would not be able to. If they can't use satellite parking, no business could go on a parcel that couldn't fit their parking. It's like any business. If I want to open up a restaurant and I don't have the parking and if a city ordinance says I can't use city parking, gotcha, I can't do that business. And so the so so the strip malls where the grocery stores are here, for example, they're they're the approved parking that's required for that whole strip mall. For the whole strip because because you have centralized ownership.

11:58 – 12:390

Yep. And I'm renting this building or that building. Yeah. So that's that you're and you're saying that that covers it. Yes. I will also say this is a state this is a state requirement. the it's one of the few state requirements and the state never makes mistakes that I'm just saying though it is in the state law. Okay, cool. No, I'm good. I'm good. It's in the state law. Yeah. Can I use your property for parking? If it's a we store. Sure. But you'd have to combine them together then at that point. You to be into one parcel. So the parking's not on your Well, they were at one time. I We're digressing.

12:35 – 13:170

We are digressing. Just a bad um the under location 814.4 or 817.4 for you talk about temporary locations and I'm good with what you're the intent there and that was changed from what you had earlier which was better this is better but it just readily removal structures removable perhaps okay just the wording thing um do you have any non- grammar concerns for that particular

13:15 – 14:000

I can certainly like you can certainly send them to me and I'll fix them Okay. Well, that's fine. Sure. Whatever you want to do. But, you know, I I sent that once already and you know, it's still there. Anyway, um Okay, that's that with security. And this again, this applies to both of them, I guess. Uh 827.7 or 87, whatever. Um all glass windows and doors shall be opaque, tinted, or otherwise obscure the view from the outside premises. And I mean I personally don't care one way or the other and that's fine. Do the police have any issues with the windows and so being opaque or do they want it that way or it's a state mandate, isn't it?

13:58 – 14:420

No, it's not. It's actually something I thought it was, but it's not. It's it's an it's one of our tighter regulations. It would seem I mean I I mean I get that even if you had you know clear windows you could always pull down the blinds or whatever but it just seems that for surveillance or whatever you'd you wouldn't want opaque right. Well if you look at if you look at the state regulations for medical and you look at the state regulations for recreational they are so different. They are they are greatly different. recreational is a lot more stringent and they've tried to the legislature time to time is trying to change medical and they hit their heads against the wall.

14:42 – 15:240

Okay. Because the lobbies are so tough they just they can't make any changes. Well, I I I just want to say this is Rip just identified another point that I was concerned about. If I go into a liquor store, they got windows. There's nothing opaque about it. If this is legal, cannabis, then why wouldn't why would why would we require that kind of thing, the opaque windows and etc, etc. I mean,

15:22 – 15:390

and then later you say they're opaque, but you can't put any advertising on them, which Yeah. If they're opaque, why not? I mean, who cares? I mean, it's like a wall. Anyway, it's legal or it's not, right? Yeah, it seems to me

15:42 – 16:270

it's even though it's like legal and I get what that you're saying about the liquor aspect. It's it's now a controlled substance in that way, but there's still an air of I guess social stigma to it. So, it might give people privacy to be able to go in and not feel like the world's watching what they're doing until it becomes something that's like a little more I don't know like privacy and stuffed. Yeah. Yeah. But um so I mean I mean I I just pointed out because it just doesn't necessarily make sense to me but if you all want it then I don't care. I I I believe it was something from Is it Is it required in Wreck for adult use? It's not for there either.

16:25 – 17:090

No, but it was a desire for wreck. Yeah, I believe it was it was part of the the um recommendations probably from the council. It sounds like that they wanted it have opaque windows. So, you can't I can't bag of goodies. Yeah, it's it's been so long since we started. I don't remember where all the recommendations came from. It needs to be consistent. it if it's we want it. Yeah, it's and it's in medical because I totally agree with that. We wanted to match them as close as possible. Put it in one, put it in the other. Yep. Um Okay, that's fine. The 814 or uh I'm sorry. Right. Yeah. Whatever. Right of access, safety, and inspections.

17:06 – 17:380

Okay. Uh for the adult use side. Okay. You say a medical cannabis dispensary. That's just a copy paste from the medical one into the recreational one. Thank you for catching. And that shouldn't be I'll catch I'll I'll fix it. Yep. It was a copy and paste. That is also um repeated in chapter 14. It for any business. So yeah. Okay. Um

17:37 – 18:200

yeah, I'll fix that. That's a good catch. Thank you. Hey Did did the um did the police and fire people review all these things? Are there special things that they need to have in here? They've seen it. Yeah. And they're okay. Yeah. All right. I think that's it for me. What about um 8:14 81 17.3? It says uh shall only be one medical cannabis dispensary. Can we have two? That is something that will be discussed with council. I I I Charlie mentioned it to me. I don't have details. Well, see the

18:18 – 19:010

the to clear that up for you. So, because we have two, the one that we have on Main Street was came in before we had the performance standards and his grandfather talking about it says one when we have two. So, one of them could be going away. Well, that one that one is if you look at where they're allowed. Yeah. Downtown is not it's not allowed. It's not allowed there. Actually, it's a grandfather non-conforming use. So, can it be sold? It can be. Yes. In fact, is sort of is in in the process. Yeah. We'll see where it goes. But oh, well, they actually mainly considered dispensary. It's it's not really It is licensed as a caregiver store

19:00 – 19:350

as a caregiver. Yeah. Nonconforming grandfathered in. Yeah. the the the the city licensed it as a dispensary because we don't have a caregiver license. So it has the same license as a dispensary with the state. There's a distinction for the state but not for us. Yeah. It's the state doesn't consider it a dispensary. No, it's a caregiver retail career whatever they whatever the distinction is. Yes. But as far as the city is concerned, that's the same as the other one on High Street. So they pay the same fees. Yes.

19:32 – 20:170

And I I do have one final thing. under limit. Well, it's under the same thing, limit to the number of adult use stores. You talk at the very last sentence of that particular thing. You say a new lottery will be held blah blah blah. But what you really mean is a lottery. You don't necessarily mean a new lottery because you may not actually have an existing lottery depending on how many people want them initially. What if I changed it to another lottery or just a lottery? Okay, then it's clear. Okay, I new, old, whatever. Okay, just clearer. Okay, I have. And that really is it that

20:16 – 20:400

unless I change my mind. No, you can't. Yes, I can. I can do that. May I ask? Well, we're not going there yet. You haven't gotten. I'm going to go Rick. You hit him on the head with that. Excuse me. Such grief.

20:35 – 21:180

I'm concerned about 8 whatever. 10 visibility activities, control, emissions, disposal, operations, and facility plans. That sounds like someone is going to be manufacturing or developing or whatever product here in Ellsworth. and odor odor control shall be submitted as part of a new or renewal license application describing the odor odors anticipated to it's a store.

21:15 – 21:320

So this is so that we can get the plans that are required for the state license because an odor control plan is part of the application. So, can I help address that part for you? Sure.

21:30 – 22:150

Um, even though it's a medical dispensary, um, such as the one we have up on the hill. Okay. Um, they still have a process that they go through to extract certain things out of the plants or the buds that they have in order to create a tinure or different things like that. That process creates an odor because it's either heated or it's done with um CO2 or something like that. Um that facility does do that right on site. Okay. Um that was another question I had um concerning

22:14 – 22:470

say I was not aware of that. Yeah. Thank you. Um the 14 uh 81710 and 82710 concerning odors. We've had that problem in the past as far as odors. So I had I had a few questions. Number one, in the definitions of the ordinance, is there a definition for property line? Nope. No, I looked. I don't see one. I couldn't find one.

22:44 – 23:280

So, in in those two, it says the odor of cannabis shall be shall it's no odor shall be detectable beyond the property line at any time. So, pure leaf or I'll mention because that's who they are. Is the property line the walls of the building their business or is it the entire building? It's the whole parcel. It's the entire parcel of the property line. So, one of my same questions. Here's my concern. The issue of odor that we have had has migrated into the bank which they've complained and has migrated into the store next to them which they have complained.

23:25 – 24:090

How do you deal with that? And if you have a strip mall, it would be the smell could be smelled from Hannerford all the way to Harbor Freight. There needs to be a problem. That's why we want the the odor control plan. I understand that the property line is So here is my next question. You have an odor control plan. Mhm. What happens and what do you have in here as um either disciplinary or penalty if it goes beyond and their odor control does not work. What do you do? See nothing here that either deals with that such as what we've had out in the transfer station. Where do we deal with that?

24:06 – 24:510

We have chapter 66 the odor uh it's it's an odor ordinance for commercial industrial uses. Okay. Does that specifically identify medical marijuana and this other should it? I don't I think it's it's a commercial use. Therefore, it it's covered. It's covered. I mean, you could split hairs and line out every every commercial activity that sells asphalt plants, septic plants. And I understand that we could do that. But we're talking about a building if it's within a building store within a building that literally and I'm telling you we've we had this problem migrate and I mean to constantly complaining customers and the business owners that they had this problem

24:49 – 25:340

u what do you do about I can say in the last roughly two and a half years I have not received a single complaint about it. Well that's good so I so whatever they did fixed it. That's good because I remember we did. Yeah. No, I'm sure you did. But just just just to give you the update because you'd have that special knowledge that I haven't received a single complaint about about cure leaf or or uh the boss lady on main street. I haven't received a single complaint about odor from either of them. Okay. In the feel you feel that your the ordinance would take care of this problem and you have the authority to be able to enforce that on these people with that port portion of the ordinance. So what about 81411?

25:33 – 26:180

814 is that not descriptive enough? 81411 site access talks about um purpose for checking compliance with all the applicable state laws and local ordinances. Purpose of checking compliance with all state law. I think that's fine. I No, I'm just I'm not I'm asking is that what you're looking for? I think I think that's a good portion here. But in the my point is if it's constantly happening and they don't fix it, what do you do? We we would send them through chapter 66 and a notice of violation and let them tell them they have x number of days to probably I'd probably give them 10 days to fix it, 15 days to fix it, whatever. U

26:17 – 27:010

and that's more or less like anything else that that would be any any notice of violation. And if they continue to fail to fix that problem after the third violation, they are uh taken to court over it. We sent it to legal counsel and that legal would. My concern on that is that the ordinance requires that the odor not go past the property line. So it doesn't matter how bad it smells. If it smells all the way down to Hannerford, there is no violation. So my concern is with the word property line when it comes to a multi-unit facility with common walls.

26:58 – 27:240

Yeah. Common walls, buildings adjacent buildings 2 feet away that to me it should be this the odor shouldn't extend beyond their building premise. Not the front door opens though and the smell gets out. How are you going to that? That's where my only hang up with that is is well like there's no way I don't think you could 100% keep it in the building.

27:22 – 28:060

But instead of trying to worry about the front door opening like say say you know at a strip mall right when they open the door. Yes, there's going to be ambient smells coming out. But to go and say well we can't control that. We can't regulate that. So then we're just going to go property line a quarter of a mile long. I got a problem with that. What's the suggestion? Suggestion would be beyond the building premise, the confines of their building. The confines of their building and frontage. Okay, I agree. And this could take us down to down another alley. I apologize to everyone for that, but what is an ogre? I mean, how do we measure that?

28:04 – 28:470

No, no, no. We have an I can actually answer about this already that's separate than this. I mean, I think we'll get to a little too off topic. Yeah. I mean, I if you could go by some restaurant and you don't like that type of food. Yeah. And and it's an odor. So, I'm going to call these guys and say, "Come on." But if the odor is strong enough and it's not it's not the smell of French fries. It's the smell of a product that has medical implications for people. It can have it can have a health effect on people. What about cigarettes there? Yeah. You shouldn't be smelling cigarettes in public either. People can't smoke. I mean, but you can do it on the on the part on the parcel of land outside a restaurant. Yeah. I don't like the smell of cigarettes. Nope.

28:47 – 29:320

So, I mean, well, I'm just saying we've got we there's the pinpoint narrow and then there's the super broad, it just seems like when you're doing a strip mall, if every adjacent structure in the strip mall is subjected to the odors, it could be deterrent for the other businesses. They're going to be we're putting up with this and it's not fair to us. I've been in malls and smelled nail salons. Yes. where the acetone is just crazy bad. And that's actually that's actually a a violation because there's supposed to be ventilated property under the propert. So that's a violation. Yeah. We would we would go in and and address that, but that needs to be fixed in the odor ordinance that we already have, not this one. Yeah. Because it it it

29:30 – 30:060

checking compliance with all applicable state laws and local ordinances, I think, is a catch-all for all the problems that we're bringing up. Well, it's the property line issue that I have. I'm just a stuck on that issue, but I think I guess what I'm saying is for the description of the ordinance, parcel line is the best way to do it. Now, case byase basis, if a bank calls in and says, "Hey, I got cannabis smell over there." There's no way we're not going to go. So, obviously, we're going to go to that bank, see the smell. In chapter 14, can you get there if this says property line? Can you

30:05 – 30:500

applicable state laws and local ordinances? If if the if you bring up the odor ordinance, it talks about commercial uses and they can't affect anybody else. Okay. As long as that's there, which we can't I can't refer to that if I That's fine. It's chapter 60. He's bringing it up here. He'll read it. Um, but that's that I think the local ordinances gives us the power to touch any ordinance we have and and fix a problem, which odor is a problem. If it is detrimental to a neighboring business, as long as you can get to a more specific criteria in the other chapter, that's what I need. I think that's what 82711 and 8:1411. Oh, no. No. It says you can get there, but I don't know what it says when you get there.

30:49 – 31:160

No, I know he's got it up. He's bringing it up right now to read it. That's my curiosity. My recommendation actually is just to take out 02 and have it default to following our order odor ordinance and that way you don't have to worry about the property line or the pre defining the premises. Sounds good. That sounds good. Sounds good. That sounds good. That way it's consistent. So just just so just so it's okay. So we know

31:13 – 31:480

you rest assured uh section 5 of chapter 66 says no commercial or industrial land building or activity may release noxious or offensive odors that are uh injurious or dangerous to health or release offensive odors that unreasonably interfere with the use and enjoyment of others properties for an unreasonable period of time. Perfect. So perfect. I have the I have the tools I need to Perfect to be able to enforce that if it goes into the neighboring Yeah. Uh building with a conjoined wall,

31:46 – 32:160

right? And so maybe it's better to not put that part in there about property line because that gives them the sense that they can do it. Whereas in fact, there's another line somewhere else that's more restrictive. So that's better. Refer to that. Yep. And whatever when there's a conflict like that, whatever is most restrictive kind of holds. Yes. Holds. But the having it kind of less restrictive in here is confusing. So we can remove that.

32:13 – 32:550

So along that lines in that ordinance, do you have a checklist or not necessarily in that ordinance ever for what you are what what you're going to require to see as far as a order control plan? Is there is there a document or is there things specific to what you're looking for? It would be we want the state one. We want the whatever was submitted to the state for their license. Okay. And that stuff about the odor that's in 14 as well. It's in chapter 66. Okay. We we passed it last March.

32:51 – 33:130

Yes. That's why it's better to leave 811 vague that it's applicable local ordinances. That way you don't have to define each one of them. I had a question about the signage issue. Um besides the opaqueness which I'm not opposed

33:10 – 34:020

medical or more medical cuz that's the one we're looking at. Um well actually for both of them but it says does not include any form of let me read what it says exactly the 814 8178 um freestanding sign. There should be no signage of any windows and no signage of include cannabis cannabis imagery or graphics. Um or what are they allowed to put any are they they're allowed to have like artwork? So no images of cannabis. No word cannabis but they can have artwork and other no other signs in the windows. So can they have have a nice day? Is that I just want to make sure they can the way this Go ahead. I mean

34:00 – 34:430

so yeah so we we have a sign ordinance that interacts with this too. They have specific where they cannot use those specific you know terms and and images and things but other than that it would it would be down to my determination on what what the sign what their signs would be allowed to do. So if they were for have something in a window they can do almost whatever they want. This says there shall be no signage in any window or door except for the hours of operation and contact information. Exactly. So that's restricted to this. Generally speaking, I say usually you can have cover half your window with whatever you want as long as I get to approve it. This restricts that. So that this is

34:39 – 35:080

the reason why we went so restrictive is to try to keep them from having so they can just have a blank window with the hours of operation and you know the name sign next to the window. Well they can't have any signage on any window or door. No, but they could have a sign on the wall on the adjacent to on the wall adjacent to the window or over the door

35:06 – 35:310

or over the door. No, it says and not door. Oh, you mean over top the door? But they can't have like my question is I just want to make sure that they can put things like if they spray paint their window, but on the upside it says, you know, um Valentine's Day or whatever they want to say. They can't do any of that. Is that what we're doing? I don't think we want to treat it any differently than we do with any other stuff.

35:29 – 35:560

That's what I'm a little concerned about the way it's worded. It sounds like they can't do anything. Yeah, it sounds like that to me. And I just I keep going back to it. The we can have liquor stores with Corona advertisements with the lady with the bottle and the sunset and all that stuff. Well, what does the state

35:53 – 36:320

The issue is not comparative. My concern is the risk to the the town, the city. Somebody says, an owner says, "Wait a minute, those guys can do this, but I can't do a similar thing." And suddenly we're in litigation. Is there any restrictions about what's displayed by the state except that it can't be like it? Their signage is restrictive in terms of advertisement that it could be perceived geared towards children.

36:30 – 37:150

Right. I mean, I just want to make sure we don't make it so restrictive that they can't even put up a sign that says, "Have a nice day." Well, that that that would be that would be down to my enforcement or don't worry be. Yeah, I don't see where that's restricted. Well, it just says there shall be no signage in any window or door except for the hours of operation content. That's in the windows, but they could have a sign next to the window. Well, you have this big window and they're not going to put have a nice day on the window. That's what they're saying. I know, but that's what I'm saying. I I seems a little We're not saying they can't advertise period. I guess it's No, we don't want them advertising on the windows, but they could put like, you know,

37:13 – 37:500

like artistic graphics are acceptable or something like no signage, but artistic. So, I I something that happens downtown that like that happened this winter is that a lot of the storefronts decorated their windows in Christmas theme. That's I wouldn't I wouldn't give them a violation if if for instance if the store downtown were to continue that theme or if a store on if they did it along High Street. That's no words. That's just like I just want to make sure they can do what they need to do without feeling like they're in violation. Yeah. No, it's I

37:49 – 38:320

I don't know if there's a way to put in here artistic decorations and artistic graphics are acceptable or something like I don't know. I'm not sure. We don't do that for other businesses. So I Do you have this though for other businesses that they can't have any signage? That's the No, this one. And this was came out of the workshop with a council. We may hold this. That's what they want. What you're trying What would happen if if Christmas time smoking a joint? They cannot do that. That would not be a How would you know it was a joint? They're trying to trying to avoid attracting attention

38:29 – 39:110

from those who cannot go in there such as children. Um and making it if I can say I use the word palatable or um um you know making it interesting to children. What is that about? What is this about? I think that's what they're trying to do is avoiding that type of advertisement in windows and on doors. That's it as far as I can see. But if I'm 10 years old and I'm attracted to that advertising, well, it's not just and it may just not be advertising. It may be a picture of the Grinch,

39:08 – 39:510

a plant. It may be a picture of something that's, you know, hey, cannabis abuse stores, whatever. They're not just going to have stuff that you can smoke. They're going to have stuff that you can eat. They do. Okay. Like gummy bears and other things that kids really take to. So that kind of advertisement can't be there. It just you just can't start putting stuff out there for kids to think about what they're, you know, attracting them and and their interest. But at the same time, you have to have sign. You explicitly have to have a sign that says it is a cannabis adult use store. Correct.

39:50 – 40:350

Well, you have to have the name of the business. It doesn't ne have to say medical cannabis on Well, it says is an adult used cannabis store. That's fairly explicit. Has there been any problem with curly in the past 10 years? No. Have you been able to find the building? People can they find it? Yeah. No. Yeah, they Yeah, they they have they get plenty of business. Um I think we're really nitpicking this. Yeah. No. Um I I I haven't had any issues with Kurly. I I've never had a complaint or anything or they've been nothing but great to work with. They have I I've I had I had good time working with them. I Well, let me put it this way. Okay.

40:34 – 41:180

This is being recorded. You probably want to stop right there. I had a very comfortable time with them. They were very, very cordial um and acceptable. I mean, we couldn't get in the building unless we went through the proper security and had proper identification and um when we went in there, they you know, they showed us all around as a fireman. You went in? Yeah. As doing fire inspections, but I mean, I didn't know what you were. Um so, yeah, I've never seen any issues with them there. One of the questions I had about your signage also, is there a requirement for an age to be able to enter the store? There is. Yeah,

41:18 – 41:530

there is. 21 plus. Okay. Is that something that's posted on the door or or somewhere? That's a state requirement for law. Okay. All right. Um, one thing that Andrew brought up for um for 817.8C, 8 C the no signage in any window. One of the revisions we could make is there should be no advertising and marketing signage in the window. That would clarify. What if they want to say like Merry Christmas? Exactly. Yeah, we can. Yes, we can repeat that language that's under I like that. Okay,

41:50 – 42:280

that's great. So, we have the Marlboro man with a sack full of weed on the window. No, because we don't allow imagery. Easy. Alcohol was legal how long ago? Alcohol? Yeah. It's been It's been legal for so long after prohibition. It's been over about 100 years. and pot just came win recently. So, it's a it's a slower path and it's still federalally.

42:25 – 43:000

And you talk about clarity on windows. I come from Tennessee where the ABC liquor stores have to have their windows opaque. So, there's Yeah, but you got moonshine still. I was going to say we got people out in the hollers with stills, but Okay. Do we have anything more for the medical appointment? I had I had one other question that I wrote down. It was 827.3. So that's a Oh, that is for It's not in this one. Yeah, it's only in that one. Okay. Yes, that's

42:59 – 43:550

under security. Uh you reference under a uh alarm system shall be required as per title 22 MRSA 248. And looking through that statute, I don't see anything about what you're trying to get to. Under registered dispensary requirements, it only says it's that dispensary shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing cannabis ponies, blah blah blah. it. The recreational marijuana has enormous language on security, but 22 24 28, you might want to take a look at that. But I I've been through this a couple times and I don't see anything under that statute.

43:55 – 44:290

Okay. Of what you're trying to do, okay? You know, as far as security cameras and and stuff like that. I think we're just saying whatever like we're not trying to be more restrictive or more regulatory than the state when it comes to their security measures. Right. I and and they have security. I mean, they put in security back when they originally built one and I'm sure they put it in up there, but I'm I'm just saying what you're referencing. Doesn't really have

44:26 – 45:270

doesn't have like the weight that it it implies. Okay. I'll I'll take a look at it. I think that was the only thing they had done on medical. Okay. So, let's go to the recreational Okay. Um, I guess one question I had was and I think it has to do with that it seems to be that the plan is a cure leaf may very well be medical and recreational. It seems like that's what's it's not in your ordinance, but that's what the city is heading to.

45:260

Yeah. And that came out of the council workshop. Yeah.

45:28 – 46:220

So, I I just wonder under this this is under the OCB policy uh 28B504 uh prohibition on the use of shared facility for retail sale of adult use cannabis and adult use cannabis products. But it says um a cannabis store lency that is also a registered caregiver or registered dispensary may not offer to sell or offer for sale to consumers adult use cannabis and adult use cannabis products pursuing to this chapter within the same facility or building in which medical is sold. So, I mean, I think the plan is just put a wall down the middle of it,

46:20 – 47:050

but does I mean, has somebody asked OCB if if this is okay? Yes, they have to have separate entrances. Yeah, they have to have completely separate entrances. Everything has to be completely separate, but it can't be the same building split into two with two separate entrances. Okay. They can split their correct. I guess why I'm saying that is there's one in Bangor that is one under one roof and then they put a wall down the middle. Okay. Rex's on one side. Okay. Medical's on the other. Two separate entrances. Okay. They they'll build a wall down the middle, put an extra door in, and one side's wreck and one side's medical. Pretty much making a new strip. Yep. And it has to be approved by the state.

47:02 – 47:450

Is there access between the two? That not to the public. Not for the public. Not for the public. I know. I'm not sure. We have to see what the plan is and what the state approves. I'm not sure what Okay. For the public. Yeah. The public wouldn't be able to go between public for sure. I don't I don't know about if you can in the back say I I would imagine storage and processing is is common. Egress egress things like that. Who knows? Yeah. other other than the the storage and everything being common could lead to issues because wreck is highly regulated and medical isn't necessarily they they may use the same product that's regulated for both but that wouldn't have to be. So you can't sell one product in correct

47:43 – 48:280

you can't go back and forth with products in individual stores right don't people have to display a card if they're doing medical correct okay so it escapes me then why at the cash register when medical is a lot less expensive than uh commercial or whatever Why would why when why do we have Bang why in Bangor do they have to have two separate entrances for the same thing when the only difference is the cost that's the state state requirement state

48:26 – 49:050

shut me up okay because some people can go in without a card and others they don't have to have a card but you have to have a the point being that you if you have a card it's less expensive ensive because it's medical. If you don't have a card, it's it's more expensive and there is no difference in the product. There is difference. One's more regulated. Adult use 21 plus has a lot of regulation from from seed to sale. They know every step of that. It's tested, batch tested. Medical's not. Medical was the wild west when it comes to Wow. product. Okay.

49:04 – 49:490

They don't even have to keep track of where they bought it from. I don't think there's any testing requirements on No, there's zero. because the rules were made before their the rules were made very lax. As John said, the lobby keeps it that way. There's a big multi-million dollar medical conglomerate that Yep. works against the state. So So that's that's one of the many reasons why they want the wall down the middle if you're going to be in the same. So we tax the same now or is it different tax rates versus recreational versus medical? That's a state tax, but yeah, it's a it's I think it's taxed differently. Yeah. I think we can't collect any tax differently on it. The state does. The city has no chance. The the only thing we have is

49:48 – 50:170

No, the only thing we can get out of it is the registration fee, licensing fee, and whatever the property value goes up, we get that extra income in property tax. There's no tax. We don't we don't we don't receive any direct Yeah. There's no locality tax on sales tax or anything. Originally, they had a shared portion of that to the local community, but the legislature took that out a long time ago.

50:13 – 51:010

They don't like sharing. Uh, I guess the only other thing I mean, it it doesn't necessar well it doesn't have anything to do with these two sections here, but it comes under the license fee. And I've said it right from the beginning that I mean the council seems to have well they've passed a $10,000 license fee for recreational but medical is still a thousand. I mean and the attitude is is that you know the the stores are going to pay it. you know, I don't think getting $10,000 worth of

50:57 – 51:420

worth out of the city for for that. Uh, you know, if you go by, oh, they're going to make a lot of money, which is one of the things I've heard a lot from the council, they're willing to pay for it. You know, do we charge Walmart 50,000? You know, I know you don't have to answer. Sells cannabis. No, but I mean they pay what maybe a couple hundred dollars I mean in license fees a year. It's okay. It's just I find it just totally unfair and you don't like I say you don't have to comment on it one way or the other. I have no official opinion. I cannot ordinance anyway. Way to go Daniel.

51:41 – 52:250

So for the purpose of this ordinance that's a moot point. Yeah. Yeah. that I You're on record. I decided I was going to express my opinion. You're on the record. It's there. So, you can express yours. I'll express mine. Uhoh. Yeah, when we first got the draft where you were involved from the beginning, I made a comment and I'm still not happy with the answer um because I checked under the state statute where in the ordinance we had um it was listed that there was a store was not to be within certain amount of feet of church and they got struck. Remember that? Mhm.

52:22 – 53:040

And in the state statute, there's no mention of them being away from a church. Correct. But in all our other or other ordinances, if you apply or if you want to put in a liquor store, you got to be 300 ft or so away from the front door or door of the church. And my concern, and again this is my own opinion, I believe instead of just having schools in this portion of the ordinance, churches ought to be included with this because if somebody wants to put a store within next door of a church, I have a problem with that. So,

53:01 – 53:380

um, so I mean, if we're doing it for one, I feel we ought to be doing it for the other. And I I sympathize with you, Mike, and when I that was that's my own opinion. Yeah. No, and I and I can I can I I'll I'll speak to that. Um there was when we you know, a year ago or whenever it was when this was we were trying to hash that part of it out. Um the there was conflicting desires. There was, you know, some people wanted we have an unlimited number of stores. Mhm.

53:36 – 54:110

Some and then but the majority of the opinions were let's limit the number of stores. So we ended up with three at that point. They also said we wanted to have it limited to a to a certain area just to to go baby steps on this. Uh when I when I reviewed the map of the city, the only place that really made sense to allow a limited number of stores where there weren't a lot of schools, churches, nothing there are none, but where there's a very small amount, is no pun intended, the high street corridor

54:09 – 55:050

between Washington Street, which is where the Shaw Plaza is to the town lines Hancock and Trenton along Route One and Route Three. And that was so if you were to then also put the other limits of um besides schools for churches and parks and everything else that we normally have those setbacks for that would have almost eaten up all of High Street as well. Um especially when there is currently a church at the main coast mall and if you go property line 500t set back on that property line you're almost touching the Shaw's plaza which would then take the Shaws Plaza out of it and you're halfway up the hill to I understand.

55:02 – 55:340

So to balance the conflicting desires there I said no limit no restriction on the church. They're in the they are already in the commercial zone that so they you know they unfortunately they know they may have been there before it was the commercial zone but it's that's where the commercial zone is now and it's an allowed use there and it's the only place it's in allowed use. Jesus used to sit with tax collectors. What's that? Jesus used to sit with tax collectors. He sat with the low of the low.

55:32 – 56:100

Well, I I I I understand what you're saying. I disagree with it 100% and I still feel churches should be involved with that regardless if that means we have one store or no stores. Oh, so be it. That's how I feel. I can sympathize with you, Mike. I did the best I could. That was that was that was where we came out with. And again, that's my own opinion. But that's the way I feel about it. And I think just and to make myself clear too is that I mean Rob Danielle have done what they've been instructed to do. Yeah.

56:06 – 56:410

And like again, no comment, but I'm sure there's stuff in there that they don't necessarily agree with, but they're operating under the direction of the council and their bosses. Absolutely. And I agree. And so I mean there's stuff in here I don't like but there's nothing here I don't like but I know it's I love it all those as long as the sentences are COMPLETE AS LONG AS THE grammar is strong and the grammar is right now I know the way your heart

56:39 – 57:220

but but I do have a question about drug a drug-free zone do certain I mean and I know I should if I had read the ordinance I would probably know They're not in the ordinance anywhere that part. I'm sorry. There nowhere in any of our ordinances does they me do we mention a drug free zone? It's a it was a policy enacted by the city council. Okay. So my question is ago like do certain things have a drug-free zone attached to them? Like a school like any school implicitly has a drug-free zone? I think there not all parks. There's only four drugree zones other than schools in the city. So every school is a drug free zone, correct?

57:20 – 58:020

Okay. And that and that includes property line, right? That's property line. It includes daycarees and that sort of thing. Okay. So the other four are Nolton Park, the Moore Center, uh Harbor Park, and someplace else. Okay. So, so taking the Nolton Park example, okay, the drug-free zone is basically to the limits of the park, like the sidewalk. So, here here's the park. Here's the sidewalk. The drug-free zone is that area within the sidewalk. Correct. They're all They are all posted as drug-free zones.

57:58 – 58:370

Okay. So somewhere along the line, I think it was I think it was Moer, I'm not sure, had testified somewhere that there's an implicit 1,000 ft beyond the actual property line. It's that's part of the drug-free zone. I don't think so. I don't I don't believe they that may be something that he felt at time as the So my question is is is the drug-free zone literally then that we're operating with literally like the boundary of the property boundary the drug free zone is is that boundary

58:34 – 59:000

because if because if whatever Moer if it was him was citing was there was an implicit thousand feet beyond that boundary and then we're saying a th00and feet beyond the drug-free zone That's really 2,000 ft. I think you're talking I think you're talking about the same the same implicit setback from a from a drug-free zone.

58:58 – 59:340

I'm sorry. No, I mean there it's and and you you pointed that out and I did refine the language to state that it is from the the that boundary line, not whatever buffer whatever else may I was concerned about, you know, not allowing stuff anywhere because of some of these boundaries. I mean, I'm pretty sure that's not what you wanted. So, no. Yeah, B has that clarification for you. Okay. So from so you're saying from the property line is from the boundary is the key. Okay. Y

59:32 – 1:00:120

and and and you're arguing that the boundary is in fact the property line around the church or the school or or the park parks. Right. Right. Okay. Cool. Yay. See that had nothing to do with complete sentences. Thank you. But it did have to do with clarity. They did it do with clarity sentence clarity and I did based on yes I that's she did that. Yeah. Thank you. Okay. Any other comments from Sure that that's what we were in agreement on what that phrase meant. Any other comments or questions from the board?

1:00:10 – 1:01:510

Yep. I just need clarity to just for something um because all of this refers back to 14 and 14 has lots of information and um um I'm looking at 401R and that's that if if there are violations of whatever odor whatever they're doing security they're open before they're supposed to everything that any kind of violation this spells out for all kinds of facil all kinds of businesses what the penalty notification what the violation process is. It gives you the right to go in and file. It says you're going to find the violation. You're going to um give them 10 days to um you're going to cite the violation. You're giving them 10 days to fix the violation. If they don't satisfactoryly address it, they they have a hearing within 7 days blah blah blah. It's a very timerestrictive set of rules to follow. So and and not just about this but about other topics too. Any other business type propositions all these hearings and management has to get involved, city council gets involved, public hearings involved, yada yada yada. If there is a life safety violation, something that is you find that they're, you know, locking people into the facility and the fire code goes in and says this is a life safety violation. I assume that somewhere beyond this um somewhere in our ordinance there is the ability and under the fire code and it would also refer back to that at the state level that if there's a life safety violation they don't get all this time they get closed

1:01:50 – 1:02:350

there there are two different levels of violation there's one where we even notice the violation you get x number of days to fix it there's also if they're doing something this a severe hazard you can shut them down right there okay because it refers all this refers back to state and local. It does give the authority. I don't want to see that it this takes away that authority. It definitely does. We have another way to get there for life safety so that you guys can do what needs to be done. That would usually I'm sure there are examples that I'm not thinking of at the time where it would be like a building code issue. Usually, it's a fire going, right? So, if if let's say the building that they're in is a sprinkled building and it's required to be sprinkled

1:02:32 – 1:03:160

and the sprinkler system is either uh shut down or it's inoperable, the fire inspector and the fire chief have the right to shut the door, right? And not allow and so this is nullified because we have the higher authority which is the fire code, which is all I want to make sure we can get there. Yeah. I'll also say as part of the um the comprehensive ordinance um revisions and the reorganization of everything that's made more clear in chapter 14 in the draft that we recently saw. Okay. This the city has adopted the life safety code 101 life safety code which allows the fire marsh this fire inspector and the fire chief to do just those things. Right. That's good.

1:03:16 – 1:03:470

So that's good. And if we if we have any if we have any issue like that, they shut some put someplace down. They then inform me and I go and post the building. Yep. You can't go in anymore until such and such is fixed. Good. Good. Good. Any other questions, comments? The public hearing agreement. I don't have much. I find that hardly work, but I'm thanking the Lord.

1:03:45 – 1:05:440

I lost that bad. I uh first thing I think you've done a very good job of the questions you've asked and you've then now got to make a decision whether you're going to recommend this thing approved the council or do you vote not to recommend it and to or until such time as that all of the suggestions the good suggestions that you had tonight are in the drafts of both for both uh 817 817 and 827 Seven. Uh, I think you can I think you've got to make sure in and I think before whatever transmitt you make to the council that it's clear that all the things that you have requested tonight are in what you're sending your approval on. If you vote to approve, I think you have grounds. If you wanted to, you wouldn't have to vote to approve, but that's up to you. Um, I have basically two points. are three. The first is in this both of these there is a couple references to city zoning ordinance. Now I don't think the city of Ellsworth has a zoning ordinance anymore. I think they've had for years a unified development ordinance. So I think that language should also be uh corrected. And secondly on 827 adult use cannabis stores. Basically there is uh one reference in section 8275. An adult use cannabis store may only operate within the adult use cannabis overlay zone. It's prohibited from using in all other zoning districts. Then there's a couple of other references. In 827.4B 4B. There's the reference to the cannabis overlay zone and maybe there are some other ones in here. My point is this. You are drafting

1:05:42 – 1:06:260

standards for something that is going to be allowed in the city in an cannabis overlay zone which as of tonight and as of the time if the city gets this to the council when they want to and as of the time the council will be considering these provisions. the o the adult use overlay zone does not exist and I think there is I think there's a serious problem with adopting something for a zone that does not exist. Now I know the plan is that they're going to come through and do it and and uh

1:06:250

it does exist and it's right here.

1:06:28 – 1:07:150

I've seen it but that has not been adopted by the vote of the city council. Okay. It it is a proposal and it's been a prop it's been a proposal all along and that is what it has been. So uh I think that is something that you maybe should wait until you have actually had the adult use cannabis zone come before you for approval and that these maybe should be in and approved at the same time. That is what I have been thinking all along it should be but hasn't had any any luck uh making much headway with it and I and I have great respect for all of you and I and I can live with whatever you do but I think that that is something to be considered also the final thing

1:07:12 – 1:07:550

could I just ask a question real quick but if we included the map in the ordinance that would solve that problem what's the problem the cannabis overlay you has already voted to approve or voted to recommend that to council months ago. So, that has been approved. So, okay. And I Daniel can correct me if I misspeak here. However, um we are waiting for the other zoning changes that are coming with the ordinance rewrite and going to do a mailer for all of it at once to save the city about 10 grand. And that includes then that would include this overlay which will go into effect before

1:07:53 – 1:08:350

but in good faith it would be the thing that we've already correct it's the exact same the exact same math that we showed you however many months ago that was not withstanding that I've lost my copy. Yes it's on it's on the GIS website. I can send you the original paint document that I made. Yes. Oh, so it's about $10,000 a a pop to do a citywide mailer. If we did if we did the cannabis overlay one now, that would be 10,000 10,000 for the other one. So, stop now. Okay. But this would be adopted before the license is available to apply for. That's good. Yeah. Okay. Sorry. I'm sorry.

1:08:33 – 1:09:500

Well, that's that's fine. And I'd forgotten that you and I think I made the same issue three or four months ago when you did adopt this adopt it and uh I basically had at that time if you would adopted and if it had gone to the council it would make sense but I do not think you can approve this until such time as the council has adopted the overlay zone. Uh and the final thing is just a comment which I don't think there's anything you can do about it. the medical cannabis dispensary provides it's allowed only in the urban industrial or commercial zoning districts now uh and that's all applicable to south on Beckist Hill there's no problem that's uh I don't know what that is commercial or indust commercial I think uh the thing is that this thing down here on Main Street and I know it was somehow it got snuck in when the city had no regulation whatsoever and it's argued it's grandfather. I would basically take the position that uh that is the uh what is that the downtown zone. It is not allowed in the downtown zone and I'll stretch to where I'll leave it because I don't think there's anything you can do about that tonight.

1:09:47 – 1:10:150

Thank you very close public hearing. Uh, I guess I would just ask is there's probably enough changes to what we have before us that it would be prudent to see a fresh copy before we vote to recommend or not recommend. I agree. That's what you Yeah, if that's what you What does that do to your timetable?

1:10:13 – 1:10:530

Yeah. Well, it means that it unless we do an emergency well and the timing for public notice is kind of what gets in our way is we'd have to do an emergency meeting before the next city council meeting which is on the 27th in order to get it approved or approved for the recommend or your recommendation to them before that council meeting. If not, then council has to wait another month. Well, what about uh because Monday night when we went through the the changes to chapter 56, I suggested that we have a workshop. Could we if we do

1:10:51 – 1:11:350

is there enough public notice time to do that? Well, it's an emergency meeting, so by default, like you don't have the leeway that you would for a regularly scheduled meeting for public notice. And we did the workshop on on 50 on the rewrites, you know, like in two weeks. That is we're scheduled for the 18th and the council meetings on the 17th. I have a question before. If this is just a recommendation, we're not voting to approve this. We're voting whether or not we want to recommend this document. Yeah. Like a recommendation based on your guys's um And we can throw in something about good faith. I Yeah, I think since it's not religious. over deny.

1:11:33 – 1:12:110

Yeah, I feel like we were all kind of on the same page on all the corrections you guys wanted and what we were willing to like the windows you talked about. Um, not advertising, not marketing, but art is fine, right? Um, so approval pending those changes. Um, I mean, because at the end of the day, you are just recommending, you're not approving. It's not approving. It's just a recommendation. Yep. It's your recommendation. based on our changes and our discussion, we recommend in favor or against this. So, subject subject to consideration of this group's recommendations

1:12:10 – 1:12:430

that we would have in the minutes that you guys would sign and in the recording that they're doing right now in it. I'm okay with that. Me, too. Is it something that because it is a recommendation with some just minor changes, is that something that we could possibly get like a week from now get a copy of and just so you council meeting and say that our changes weren't heard or something like that.

1:12:41 – 1:13:260

Yeah, we could look at it in a week like you've done to you send it to us blind. We don't send it to each other. We send it back to you that yes, the changes I was interested in are here. Thank you. And that keeps it moving because we're not voting to approve or deny anyway. And and they and and and they weren't huge earthshattering changes here it seemed to me. And as you pointed out there also whatever real changes there were were typically agreed upon like the window stop for example. And you said we aren't voting to approve or deny. Then all we're doing with all of this is making recommendations.

1:13:25 – 1:14:090

Absolutely. Okay. So, we've made some recommendations. Thank you. So, I would make a motion. I would make a motion to proceed with approving this doc these documents, the 827 adult cannabis and the 817 medical cannabis. um as with the with the additional comments and recommendations discussed tonight, but as a whole to move forward with an approval to the council. A positive recommendation based on the discussion on 2426. Yeah, that's my motion.

1:14:04 – 1:14:480

Is that I'll second that 30 and you could still vote against it. I think I can abstain. be a man who this is not the city council. You could make a motion to deny. No, I won't do that. I could we amend the motion to make sure that it has a copy of the the map in Okay. Copy the map or the the overlay is what I meant. Have a copy of the overlay included with the recommendation. Sure. Well, it's okay. It's already the overlay already. We can make sure it's in there. And do we have to add in there that we would like to get the draft prior to the city meeting? We'll send it to you

1:14:45 – 1:15:300

and that way it's part of we get the ability to review it for completeness to move forward. I guess after review it if you have any other comments go to the council meeting that right saying, "Hey, we discussed this and they didn't do held at their end of the bargain or something." It's still a complete sentence. Why do you leave those ones at home? But I'm going to spend my entire day tomorrow combing through for complete sentences, but I I should I'm on record, I guess. But I I'm I should be able to make these changes tomorrow and have them to you by close of business. Yeah, I would think otherwise interrupted. So, we have a motion that makes sense, Britney.

1:15:30 – 1:16:150

Okay. I don't Yeah, I don't know if we have to like resay it and reward it or Okay. So, we're going to make a motion to recommend approval with the conditions that we include the overlay map, that we in make the grammatical and small substantive changes as discussed and agreed upon, and that we be submitted a draft revision prior to city council meeting so that if we have any concerns, we can discuss them at the city council meeting. Yeah, she already said that before. Yeah, but I just made it more more one sentence. So, somebody second to that, right?

1:16:14 – 1:16:540

Yeah, I did. Okay. I thirded it. Oh, good. All in favor? And I'll go on records being opposed. You're opposing? Yes. I'll keep my comments. Any more comments to myself? Uh, public comments is that for unless is that for if Ray has any more comments on anything else? Staff have comments. Um, yes. Whoa.

1:16:51 – 1:17:360

Planning board work didn't mean to scare you, Rick. Um, the planning board workshop to review the ordinance updates will be Wednesday, February 18th. What time works best for everybody? Because we can do it 9:00 a.m. We can do it at 2, we can do it in the evening. Which is what did you say this is for? This is for the workshop for the ordinance rewrite updates. The handouts that you were given with the summary and like the 530 plus page document. That one. So it's Ash Wednesday, but for those of you that you know observe

1:17:36 – 1:18:200

what I said I may be here but I may not otherwise I'm I'm good personally honestly I I don't need to be here. Left my phone at home so I don't know. I can send an email too but if we can get a group consensus for time we can um book that. Say midday or be beyond. And we've got what was that? Midday or beyond? We're scheduled. Danielle, you and I are scheduled at 9ine. That day? Yeah. Yeah. So, we can do afternoon or evening. Does that work better? You can come back twice in one day. Yeah. Oo, what a deal. I'm available. I mean, whatever. Anybody else want

1:18:18 – 1:19:000

anything after 10's okay by me? Yeah. Okay. I I mean if if we have preferences I'd rather have it actually during working hours but that's same all these people here 10:00 some anybody you can make it we can't do 10:00 oh you can't do 10 p.m. Oh, night time. You get up before 10. 1:00. 1:00. I can 1:00. Danielle's not available at 10. Oh, we we have like a major staff meeting. 1:00 is fine. I can

1:19:02 – 1:19:460

that in. Yeah. And I want to clarify that workshop is for looking at the the ordinance, re reviewing the the revisions for the ordinance. Um, and this is just phase one of the rewrite process and it's the reorganization of things, but then more specifically the things that have to be changed in relation to local housing den um recent housing density laws. So that's what I mean what would you anticipate you give us? I mean you're not going to print out 500 pages of what? No. I mean is there something we'll be able to see in front of us? Yeah, we'll have it projected. Okay. And then I believe Matt Williams will be there to help guide us through the document.

1:19:43 – 1:20:200

So can you I mean can you give us a specific reference as to which of the 500 pages were really 56 chapter 56 all chapter 56. Okay. Fair enough. Because the subdivision chapter that was previously chapter 28 will now be chapter 7 in or article 7 in chapter 56. Oh thanks. So, we're smushing it back in. And the administrative chapter might be worth looking at, too. This gets kind of confusing going between the the finished document and then the one with all the

1:20:18 – 1:21:000

red spray paint. Are you are are you requesting maybe a a condensed version to review from? We can maybe ask the Musling group to give us something easier to digest highlights or maybe the summary sheet. Yeah, this there's that summary that that's in there. The summary of the the substantive changes and then that 500 plus page document. There are just two versions of each things. One is the clean with the red lines like accepted and then the other is the red line so you can see where the changes were and she's bookmarked it. So, if you expand that little tab out to the left, you can like jump between sections.

1:20:57 – 1:21:360

Yeah. And there are some places in 56 that are highlighted in teal and that's where there's some major changes. I wonder about that. Yeah. Yeah. So, I just found that out the other day. So, focus on those two. I come across that and it's like, okay. Yeah. Yeah. What's it supposed to mean? Yeah. Those are related to the the LD1 1829. If you could send us a a our LD half page email outlining those words. Yeah. Yeah. Between now and then, that would be great. Absolutely. Because it makes all the sense in the world to me right now.

1:21:34 – 1:22:190

We are also in the process of making a website or a web page on the city website that like talks you through what the project is and what it's doing. So that'll help as well. Yeah. Yeah. Okay. Okay. So, we're figuring on Wednesday the 18th at 1:00. Y just don't know what what did you say? Oh, I will send in an email verifying time. So, you have it in writing and I'll give you a little overview of what to expect. Okay. Um Yeah. And then we have a choice of auditorium or council chambers. You guys have a preference. You rather do it here or upstairs? TV.

1:22:18 – 1:22:450

Yeah. Yeah, that's a good point. It seems like that would be a I'm because the thing I mean one of the things that happened with this thing last night whatever you know you again you know there was a problem hearing it and stuff like that which is kind of an internal problem and it would be nice if we would actually fix that for this room but anyway in the short term for the we'll do auditorium we'll do the auditorium. Yep.

1:22:42 – 1:23:320

Okay. And then the only other thing I had was um I don't know if you're familiar with Jane's Walk, but that's Jane Jacobs is a famous she wasn't a planner, but she was an advocate for good planning basically. Um so every year they do volunteers will host or conduct a walk with the topic of different planning topics basically or urban forestry or you know things like that. Um, so we are hosting one May 2nd. So I'm going to do a walk. I don't know if any of you wanted to attend or maybe lead a walk yourselves, but I'm throwing it out there as a potential option and that will be May 2nd. It's a Saturday.

1:23:30 – 1:24:050

We can send you more information about it. There's an organiz like there's Yeah, you can see some of the ideas. We're bringing this to all of our commissions as well. So sounds great. That would be very nice. I think but what are we doing? Yeah, it's a good community day for sure. So, so there's also the freedom of information thing or whatever. Yeah, that's just the web pre-recorded so you can check with that link to the website and look they usually post it within you know a week. So, okay.

1:24:04 – 1:24:230

And there's a lot of other goodformational webinars if you keep scrolling down on that link for the videos. So that's all I got. Sound good? Motion for journ please and thank you. Second all. Thank you very much. Thank you.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.