Vassalboro select board discusses money, ordinances

by Mary Grow

Much of the discussion at the Dec. 9 Vassalboro select board meeting was about either ordinances or money, the money as a preliminary to consideration of the 2022-23 municipal budget.

Ordinances included the Marijuana Business Ordinance town voters approved in June and the Mass Gathering Ordinance they rejected in November.

The former requires licenses for marijuana businesses operating in Vassalboro before it was enacted, and is intended to ban new marijuana businesses. The codes officer is responsible for dealing with license applications.

At a public licensing hearing during the Dec. 9 meeting, Codes Officer Paul Mitnik recommended approval of four licenses for a Cushnoc Road facility. One is for building owner Daniel Charest. Three are for tenants Joseph Fucci (doing business as Grown Men LLC); Ryan Sutherland; and Robert Rosso (doing business as Kennebec Healing LLC). The licenses are for the calendar year 2022.

Mitnik said the owner and licensees had been cooperative, license fees were paid and operations met ordinance requirements. After the hearing, selectmen unanimously approved all four licenses.

Leo Barnett, owner of two buildings on Old Meadows Road used for marijuana-growing operations, had filed license applications, Mitnik said. However, no tenant of either building had applied; no license fee had been paid; and Mitnik had been denied admission to the buildings, in violation of both Marijuana Business Ordinance and building codes requirements.

After discussion with the town attorney, Mitnik had issued an order to vacate the buildings. He recommended denying Barnett’s license applications; selectmen agreed.

Mitnik’s second issue was his objection to the provision in the Marijuana Business Ordinance that exempts operations of less than 1,000 square feet, as it is being interpreted. He and incoming codes officer Ryan Page believe “operation” should include not just the grow area, but all related processing and storage spaces.

If the 1,000 square feet applies only to the grow area, which Mitnik called the canopy, then a 50,000 square foot building could house 50 new individual beds of marijuana plants, without any town review. Mitnik thinks such a development would be contrary to voters’ and officials’ expectations from the ordinance.

Town Manager Mary Sabins reminded those present that amending the ordinance to eliminate the exemption requires approval by town voters.

Mitnik and Page said there are other operations in Vassalboro that might need to be licensed. Investigation continues. They said the approved business in the Olde Mill complex in North Vassalboro is closing; and Barnett’s approved facility on Sherwood Lane is not yet built.

The defunct Mass Gathering Ordinance was mentioned in connection with the planned country music concert in July 2022. Local promoter J. R. Garritt (or Jr Garritt, on websites) was scheduled to speak with select board members, but did not attend the Dec. 9 meeting.

Board Chairman Robert Browne said he understood Garritt wanted to relocate the concert from the planned Nelson Road site to the town recreation fields. Board members postponed action until they hear from Garritt.

Without a mass gathering or similar ordinance, Browne said, town officials cannot regulate such events on private property. The defeated ordinance would have allowed them, for example, to require on-site drinking water, sanitary facilities, security and medical facilities.

The money issues select board members considered were raised by Vassalboro First Responder Chief, Daniel Mayotte; Vassalboro Public Library Director, Brian Stanley; and Sabins.

Mayotte suggested using about $75,000 of Vassalboro’s expected ARPA (American Rescue Plan Act) money for covid-related and other purchases. His recommendations included replacing the First Responders’ outdated AEDs (automated external defibrillators); providing new ENVO N95 masks for First Responders, fire department members and town employees who work with the public; adding a fit-testing system to make the masks more effective; training and equipping new First Responders; helping fund Delta Ambulance’s chaplain service; and adding a cardiac monitor to the First Responders’ equipment.

Sabins said Vassalboro is expected to get about $460,000 in ARPA grants, half now and half in 2022. She displayed the inch-thick notebook of ARPA regulations she is studying to find out what uses are permitted. The process, she said, has no pre-approval component: the town will spend the money and apply for reimbursement hoping the expenditure qualifies.

Select board members suggested other possible uses for ARPA funds that Sabins will research. Awaiting more information, they took no action on Mayotte’s list.

They approved unanimously the updated schedule for replacing town vehicles and equipment over the next decade. Items most likely to be in the 2022-23 budget request include replacement Scott air packs for the fire department, a new town office computer system and a new backhoe for the transfer station. Sabins’ note on the last item quotes station Manager George Hamar: the backhoe “should have been replaced seven years ago.”

Stanley led discussion of reviving the town recreation program. While promising full cooperation, he said the library director does not have time also to be the recreation director.

His recommendation was that select board members budget more than $18,000 in 2022-23 to pay a recreation director who would be expected to work 15 hours a week, plus seasonal sports directors for baseball/softball, soccer and basketball. Board members postponed action.

In other business Dec. 9, Sabins reported progress on turning Vassalboro Community School into an emergency shelter. The generator is installed, though not yet switching on every time it should; and Maine Emergency Management officials have scheduled an early-January walk-through, to be followed by a shelter training program later in 2022.

Select board member Barbara Redmond said she had been invited to succeed former board member John Melrose on the Kennebec County budget committee. Browne and fellow board member Chris French approved.

Board members considered a new policy on background checks for people applying for town positions, paid or volunteer, but postponed action. Sabins said most applicants already undergo background checks.

The next regular Vassalboro select board meeting is scheduled for 6:30 p.m. Wednesday, Dec. 22, moved a day earlier than usual to avoid keeping the town office open late on Thursday, Dec. 23.

The Vassalboro town office will be closed from 4 p.m. Thursday, Dec. 23, to 8 a.m. Monday, Dec. 27. The transfer station will also close at 4 p.m. Dec. 23 and will not be open Saturday, Dec. 25. However, it will open as usual at 6:30 a.m. Sunday, Dec. 26.

For the New Year holiday, the town office will be closed Friday, Dec. 31. The transfer station will be closed Saturday, Jan. 1, but open as usual Sunday, Jan. 2.