May 11, 2018
APPROVAL OF AGENDA
Walsh made a motion to approve the agenda, seconded by Kimberly
Stacey-Horn. All were in favor, the agenda was approved.
OF LAST MEETING:
Minutes of last meeting will be tabled.
HEAD / COMMITTEE CHAIR UPDATES:
SPECIAL TOWN MEETING WARRANT:
Town Administrator, Jennifer Roux told the Board that the
recommendations for the overdraft were made as directed. If they
approve to sign it, it will be posted and then officially scheduled
for May 23rd. Since the Board already read it, they
sought a motion to approve. Ed Walsh made a motion to approve the
special town meeting warrant, seconded by Kimberly Stacey-Horn. All
were in favor, the warrant was approved.
Board of Selectmen have an update concerning the veto of the
Governor’s veto (override of the veto). In essence, the question
on the ballot in regards to the ban on Marijuana. The Town’s retail
marijuana ordinance is unenforceable if it were to pass. The Board
discussed what they’d like to do moving forward. Selectmen Miller
read the options available to the Town. These options are:
The Town may pull the proposed ordinance from the warrant as long as
ballots have not been printed and distributed. The town can then
propose a new ordinance, post notices, hold a public hearing and
schedule a special town meeting to vote.
The Town can keep the ordinance on the ballot as written, if the
voters adopt the ordinance, it will have no legal effect, but is
there is no harm in it. However, it is not unenforceable.
The Town can amend the ordinance and the title but it is messy to do.
Mrs. Miller feels like we’d be trying to hide something or hurrying
to take care of. There is no rush. Currently the Town is in a
position to have to opt into this in order to have any retail
marijuana. The only concern we have is with the community grow which
could propose problems which we couldn’t enforce as a town. Mr.
Walsh indicated the way the Board had thought about this and formed
the ordinance and the question proposed before the voters was fine
because the State had not gotten anything together yet in writing
regarding this. However, now they have. There is a new set of rules
which makes our question obsolete before even asked of the voters. He
suggested we pull it and get our committee together to look at it and
come up with a new game plan. Ms. Stacey-Horn agreed.
asked the Board if they have considered a moratorium to cover
community grow. Mrs. Roux summarized that a moratorium would have to
go to the voters as well. and if that was the direction the Board
wanted to go, they mine as well as the voters if they wanted to vote
on an updated ordinance. Attorney Kramer corrected all the statue
labels (numbering), as well as, added a section about the limitations
on home cultivation.
asked about a town meeting to see the amended document. No one has
yet seen the changes as of yet, including the Board. The only
changes made were those requested by the committee. The
recommendation was, there is a public hearing scheduled on Tuesday
why not go before the voters and explain this is unenforceable and
thus we pulled. Present the new question, show the changes and note
the quickest time frame to schedule another election. The order can
be prepared for Tuesday if that is the Board’s direction. This will
allow all a chance to read before voting.
ensued on whether to have two questions proposed. 1) for retail
marijuana ban and 2) for personal/community growth. Mr. Nass
approached the board regarding the coupling of both questions. He
remarked, the ban even though they don’t need it, we can be on record
of where we stand. He also indicated his concern on using domicile
word use and it’s meaning. He also asked if a preamble could be
drafted on the ordinance indicating public opinion and how it affects
the town. In summary, if the Board is in agreement with pulling the
question on the ballot for marijuana there must be an official vote.
Ed Walsh made a motion pull the Marijuana question we currently have
on the ballot, seconded by Kimberly Stacey-Horn. All were in favor,
the question will be pulled. Public hearing at 7 pm on Tuesday will
stand as the Board believes the people need to be clearly informed
that this was not enforceable as written to any who will show up.
Order will be prepared for Tuesday.
Nass asked it was the same rules for Tuesday’s public hearing. Yes,
3 minutes; once around, property owner/residence, property owner, and
tax payer. Remind all there is going to be a public hearing on the
Cashin asked if there is any way to create the means to vote on this
other than a special meeting. The Town Administrator said this will
be a full referendum vote, per the Board.
6. PUBLIC COMMENT
Spaghetti dinner tonight from 5 to 7 pm to support Odyssey of the
Mind Team traveling to World Competition.
8. UPCOMING MEETINGS:
Board of Selectmen’s Meeting, Tuesday at 5 pm.
Public Hearing, Tuesday at 7 pm.
9. MEMBERS PRESENT:
Ed Walsh, Selectmen, Elise Miller, Selectmen, Kimberly
and Jennifer Roux, Town Administrator
10. OTHERS PRESENT:
Tom Cashin, Richard Nass, Susan Meehan, Brendan
Meehan, Leslie Berlin