BIDDEFORD — In the end, it is about the residents of the city of Biddeford. That’s why no rash decisions have been made when it comes to downtown and mill parking, according to city officials.
And that is the reason a six-month moratorium on new medical marijuana dispensaries and growing operations has been enacted, they say.
On Monday, the City Council and Planning Board got together to brainstorm on the issues of parking and medical marijuana. While nothing was decided at the two-hour workshop – which also included city department heads – many opinions and concerns were voiced.
The first half of the assembly focused on medical marijuana. City Manager Jim Bennett, who moderated the meeting, is looking for answers to two questions on the subject:
• Should the city regulate growth by medical marijuana patients’ caregivers?
• Should the moratorium be extended?
Caregivers are appointed by a patient to grow marijuana for them. A caregiver can grow up to six plants for five different patients.
“Do we want to attempt to regulate caregiver growth?” Bennett asked. “If yes, what will it look like, and what will the results be?”
State law has defined three types of growing facilities: dispensaries, caregivers and individual patients who grow their own. The options to regulate caregivers can focus on land use, location criteria and licensing. The city can opt to use any of them or a combination of more than one.
Currently, Biddeford regulates dispensaries that are allowed in Industrial 1 and 2 zones, while individual growers can do so at home. The concern is that caregivers – who are allowed 30 budding plants and many others germinating or in the seedling stage – can get together with other caregivers under one roof.
Bennett said if someone wanted to rent out space to many caregivers, it could look like a storage unit facility, and it would be legal.
“Clearly, it’s a loophole the state didn’t consider,” he said. “That’s what triggered our staff to create the moratorium.”
City attorney Keith Jacques said York has dealt with the issue by requiring a license, and the town’s police chief checks out the facility before it’s allowed to start growing marijuana.
However, there is currently a lawsuit against York citing invasion of privacy. Many in attendance Monday wanted to wait until that case is resolved before coming to a final decision, but with the backlog in York County Superior Court cases, the decision could be a year away.
Concerns raised by City Council and Planning Department ranged from who would enforce the regulations enacted by the city to being cognizant of the possibility of recreational marijuana use being legalized, since it will be on Maine’s general election ballot in November.
“It seems like more people are interested in us doing something rather than nothing,” Bennett said. “What we will then try to figure out is what the ‘something’ is.”
The consensus appeared to lean more toward licensing to keep track of caregivers, but also waiting until the York lawsuit is settled.
The parking discussion focused more about getting additional facts, including a comprehensive cost analysis by Chief Operating Officer Brian Phinney on what construction of a lot or garage would cost. But most likely, that would generate money to the city.
As decision makers decide the future of Biddeford as part of the city’s ongoing revitalization, parking is paramount. City officials want to get visitors and residents to come downtown without having to search for parking or parking far from their destinations. Paid parking with meters and/or a parking garage are among the available options.
“Parking is paid 100 percent by the community (with taxes).” Bennett said. “Doing something rather than nothing is a good step. The other pieces will be worked through. Doing nothing is the worst strategy.”
Bennett reiterated the importance of the choice.
“Whatever your view, whatever you decide is significantly going to determine what downtown will look like 10 years from now,” he said.
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