Hello Camden. I would like to introduce myself. My name is Ryan Roderick. I am a Maine native and have been a resident of Camden for about three years. I love Camden. I love everything about it. It took a single morning walk through town and my wife and I decided that we would never leave.

I have put together some thoughts relating to the recent application by Botany to open a recreational marijuana dispensary store here. My hope is that this will help clarify some points about what it means to have a cannabis enterprise in town. I will also examine the process that Botany went through and how that relates to some of the goals within the town documents.

Here we go.

From The Comprehensive Plan - Page 7 - The space available for business and industry has decreased and there has been a greater reliance on tourism and hospitality to provide jobs. These two changes are closely related and are the greatest challenges facing the Town moving forward. We have to ask “how do we create well paying, quality year 'round jobs to encourage young people to move to town and raise their families while still being very supportive of the tourism industry?”

From The Comprehensive Plan - Page 7 - In July 2016, CNBC completed an evaluation of America's Top States for Business. They concluded that Maine's overall rank was 46 out of 50. Maine finished in the lowest quartile in Workforce, Infrastructure, Economy, Technology and Innovation, and Cost of Living. It is difficult for Camden to change statewide problems, and in many cases New England wide problems, but we can continue to improve our town. If Camden is to stand up to or even overcome these strongly negative headwinds, it must take bold, decisive and prompt action in formulating a plan for Camden's economic future. A strong local economy would provide a greater ability to maintain or upgrade the schools, basic infrastructure and recreational facilities. The improved economy would also attract a younger more diverse population.

From The Comprehensive Plan - Page 139 - a. The Town must continue to explore ways for its downtown to appeal to younger, creative business owners. It must capitalize on the recent successful start-ups of restaurants, furniture making and bookstore ventures by younger owners;

From The Comprehensive Plan - Page 25 - To date, the Town has been involved in tourist based businesses and activities including hosting events such as the Camden Winterfest Week, US National Toboggan Championships, Camden Conference, Camden Windjammer Festival, Camden International Film Festival, two Harbor Arts & Books Fairs, PopTech and Christmas by the Sea.

CAMDEN’S DOWNTOWN

While PopTech is no longer a reality, it is a safe bet that many of the numerous other events in and around Camden will bring tourists who legally consume cannabis products. 

Botany is what is known as a magnet business. It draws people in. Those same people then have the opportunity to visit nearby businesses and spend money here in Camden. Residual sales to surrounding stores could be in the thousands annually.

Presently, stores like Atlantic Bakery, Rock City Coffee, Rockland Cafe, or The Grasshopper Shop benefit. All fine places deserving of customers, but more deserving than places like Marriners, French and Brawn, Long Grain, Once a Tree, Seabags, and so many more?

Disallowing a dispensary within the downtown would deprive Camden businesses (those that exist now as well as those that will exist in the future) of that year-round income while also overlooking the pro-business aspects of The Comprehensive Plan.

Camden’s goals are clearly stated within the town documents:  Support business—tourism and year-round alike—encourage residual spending, and promote a robust downtown that serves the needs of both residents and tourists.

AGRICULTURE AND INDUSTRY

Cannabis is legal to grow, sell, and consume in the State of Maine. Stigmas on those that consume it legally can be harmful and discriminatory. Indictments on businesses that participate in this legal and agricultural trade are off base.

Farms across the State are employing thousands of Mainers and paying them great wages, teaching valuable skills like business management, customer relations, sales and marketing—the list goes on. This is a major industry with numerous categories of careers.

Organizations like MOFGA, soil and compost ventures, horticultural supply centers, garden and hardware stores, building and property owners, testing facilities, transportation companies, and so many more all benefit from the legal cannabis industry.

It is a cash crop — outpacing potato and blueberry sales in Maine last year! Legal cannabis brings young, eager workers and responsible consumers. Much like Maine’s established craft brewery trade, the industry brings revenue, long-term growth, opportunity, and energy. 

Advocates for either side could go back and forth for days. “Let me show you a study!” “Don’t you see these statistics?” And both could point to this paper or that. It is a deep rabbit hole with no rabbit—or rather, whatever rabbit one wishes to find. This type of argument is fruitless and only entrenches views already held while also increasing animosity toward the opposite side.

It is true:  Each town must decide what this industry means for them. What do they allow? Where do they allow it? Some towns have embraced it, some have not. Camden must also decide. While debating the pros and cons, realize that this is a legal industry run by good people providing good careers.  

CAMDEN’S PROCESS

Local government moves quickly—it really does! When you stop to consider the sheer volume of tasks accomplished in a year by everyone under the employ of the town, it is fantastically fast-paced and busy.

Most of the time, things go smoothly—most of the time. Yet, as is true in any fast-moving body, mistakes will happen. Perfection isn’t a real thing. 

Let’s take a look at how Botany’s application was received by the representatives of Camden.

From The Comprehensive Plan - Page 25 - A variety of businesses are located here, along with civic buildings, parkland and churches. Retail activity is focused on Route 1 especially in the central village area. This is an active town center, in spite of the recent loss of commercial space. Former industrial space that was converted to business space in the 1990’s has since been converted to residential use or eliminated in the downtown area. This conversion has created a cascade of consequences beginning with less space available for year round employers—leading to a decrease in the number of well paid employees—that in turn results in fewer employees going out for lunch, shopping or using other services downtown.

From the Downtown Master Plan - Page 37 - “In order to maintain a thriving, dynamic community, a downtown must contain business, social, cultural and recreational activities that encourage informal interactions and connections among its citizens. The encouragement of a year-round business district is the best strategy to maintain the economic health of the Town, and to create a core where the human dynamics of daily living find variety, interest, and a sense of shared community. A thriving downtown preserves a sense of place and promotes the economic well-being of its residents.”

From The Comprehensive Plan - Page 35 - 8. The Town should strive to promote economic and demographic diversity through Zoning Ordinance amendments with a focus on enhancing and strengthening the year round business environment. (Select Board, Planning Board, CEDAC, Community Development Director, Town Planner);

From The Comprehensive Plan - Page 24 - The local economy has been impeded by the slow statewide and national economies. Camden employment has also been hurt more than nearby communities by a reduction in employable age population and the loss of traditional employment facilities such as the Knox Mill. The size of the resident labor force has decreased 15.5% since 2000. The average number of Camden businesses was estimated at 338 in 2014, employing significantly fewer persons than in 2010.

From The Comprehensive Plan - Page 25 - In the late 1990s the general belief was that 1/3 of Camden's jobs came from tourism, 1/3 from the MNBA credit card company and 1/3 from businesses that would be found in any similarly sized town. Since MBNA moved away, Camden has seen a larger portion of jobs shift to the tourism sector and an overall decrease in the number of jobs. Considering that the tourism jobs are rarely year round and generally pay less than professional, management or office jobs, the lack of an MBNA type employer creates a significant drag on the Camden economy.

THE PLANNING BOARD

Botany went before the Planning Board on March 1 to discuss their proposed changes to Camden’s zoning. There were several rounds of public comments followed by several rounds of open discussion by the board.

From the Maine Municipal Association Manual for Local Planning Boards: A Legal Perspective - Bias Against a Party Based on State of Mind. Various court decisions also have established a rule requiring a board member to abstain from the discussion and the vote if that board member is so biased against the applicant or the project that he or she could not make an impartial decision, thereby depriving the applicant of his or her due process right to a fair and objective hearing.

Burden of Proof; …However, if, for example, the applicant could show …(2) that the board member in question had repeatedly stated that he personally found all projects of that type to be offensive and had stated further that there was no way that he (the board member) would ever vote to approve any project of that type, … a court probably would view the board member as biased. Pelkey, supra.

In stating repeatedly that they objected to the legality and availability of any higher-in-THC products, and by indicating that they would not cast a yes vote for an establishment that sold them, clear bias was shown by one of the members of the Planning Board. The correct course after these remarks would have been for the planning board member to abstain from the vote. Or at the least, the board should have discussed the matter of bias and voted on whether that member should abstain or could move forward without bias. 

An argument could be made that the members understood that one “no” vote would not hold anything back, as this was going on to the Select Board regardless - still. Open discussion about the matter (the alternate board member probably didn’t even realize the need to abstain) would have informed both the public and the board member of the error and confidence in the process would have only grown. 

Opinions are vital to small government. Everyone should have an opinion. Boards are populated by humans and their opinions are formed through research, conversations, and experience.

It should be noted, however, that the act of expressing a biased and negative opinion has the potential to cause hurt to a business which is trying to establish itself here in Camden. A representative of the local government, from a seat of power, used that position (albeit seemingly innocently) to publicly deny an application (and issue a personal warning to voters based on incomplete information) because of a private and sweeping bias about a legal product - all to the possible detriment of the applicant and their business, not to mention the resident’s personal standing in town. People heard those comments and there is at least the possibility that it influenced their own opinions against that business or person. Something to think about.

Imagine if a restaurant wanted to open here in town and a member of the Planning Board said “You’ll be selling hamburgers that are 30% fat? I just read an article about how bad that is for you. High fat harms people. It’s bad that you are trying to offer that here. You are bad for offering it. I won’t EVER approve any business that sells burgers that are 30% beef fat. My vote is no.”

The next week another restaurant applied, having heard the argument the last time and having adjusted accordingly. This time, a different member of the Planning Board spoke up, “I just saw a documentary about how bad 20% beef fat burgers are for you. I won’t EVER approve any business that sells burgers that are 20% beef fat. My vote is no.”

And so on. Perhaps a year later someone else finds that beef fat is good for you. The more the better. In fact, they believe that ANY burger with lower beef-fat is harmful. This person won’t ever approve a business that sells lower fat burgers. Period. 

Ridiculous nay? Government should not work that way. Following procedure makes certain that bias does not interfere with function and it is the job of those on the Board to speak up when this happens.

The slip was small and ultimately inconsequential to the proceeding itself. Again, this was always going to be sent to the Select Board. 

In the end, the Planning Board did exactly what it was supposed to do:  Checked that the citizen proposed zoning amendment was consistent with The Comprehensive Plan, past discussions and votes, and current zoning standards. It was. 

THE SELECT BOARD

The Select Board then picked up the zoning proposal and continued the process by checking that the language and process was consistent with current zoning standards and processes before it was put on the upcoming June 13 warrant article for voters.

The Select Board vote was never a vote on the morality of cannabis. 

It is easy enough to think of it that way, especially when public comments are so focused on the emotional aspects of the matter, but this meeting was about approving or making changes to the language on a warrant article so that the matter could go before voters.

The process was a bit rocky, and there are definitely lessons to be learned from it, but in the end, the Select Board did exactly what it was supposed to do:  Approved the final language of the article and passed it along to voters.

ZONING

Zoning changes are not irregular. Not at all. In order to better facilitate the vision within town documents over time or even to comply with statewide changes, zoning ordinances are often revisited, tweaked, or rewritten.

In reading Maine’s statutes for cannabis establishments, it becomes clear that the requested zoning change is not asking for anything spectacular—only following recommendations from within Maine Laws and guidelines.

From Chapter 558-C: MAINE MEDICAL USE OF CANNABIS ACT - A dispensary may not be located within 500 feet of the property line of a preexisting public or private school.

The buffer of a medical cannabis facility to a school is already set by the State at 500 feet.

From Title 28-B: ADULT USE CANNABIS Chapter 1: CANNABIS LEGALIZATION ACT Subchapter 4: LOCAL REGULATION OF CANNABIS ESTABLISHMENTS - 2.  Minimum authorization criteria.  A municipality may not authorize the operation of a cannabis establishment within the municipality if:  

A. The cannabis establishment is proposed to be located within 1,000 feet of the property line of a preexisting public or private school, except that, if a municipality by ordinance or other regulation prohibits the location of cannabis establishments at distances less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that lesser distance applies.

While I hesitate to ‘clarify’ legalese for anyone, this second one is a bit confusing. Simplified, it means that a municipality may choose to bring the setback requirement down from the default 1,000 feet so long as it does not fall below a minimum of 500 feet. It can be 683 feet. It can be 925. It cannot be 499.

It should also be noted—as per comments made at the Select Board meeting and per Camden's already existing licensing system—that this business would be required to reapply for its license each year in order to remain.

None of this would be permanent.

From The Comprehensive Plan - Page 24 - Most Camden residents who work commute to areas with greater employment opportunities outside of the Town but still within Knox County. As described in Chapter 2 on Population the Town’s population is aging, with in-migration from retirees who are not dependent upon the local economy for their income.

From The Comprehensive Plan - Page 27 - The 2004 Camden Comprehensive Plan, Chapter 4: Downtown vision stated: “The encouragement of a year-round business district is the best strategy to maintain the economic health of the Town, and to create a core where the human dynamics of daily living finds variety, interest, and a sense of shared community. A thriving downtown preserves a sense of place and promotes the economic well-being of its residents.”

From The Comprehensive Plan - Page 38 - A traditional commercial district is an ideal location for independent businesses, which in turn:

o Keep profits in town;

o Support local families with family-owned businesses;

o Support local community projects;

o Provide a stable economic foundation with strong ties to the community;

o Provide convenient services and products to residents and businesses within the community;

o Provide walk-able connections to services for residents, businesses, and visitors;

o Increase the community's options for goods and services: whether for basic staples, like clothing, food and professional services or less traditional functions such as housing, entertainment and tourism; 

From The Comprehensive Plan - Page 42 -  [Camden should] Strive for a strong base of year-round businesses that provide products and services to residents, business, and tourists alike. (Community Development Director, Chamber of Commerce, Downtown Network Board, CEDAC); 

From The Comprehensive Plan - Page 117 -  2. The Town needs to proactively plan for and adopt necessary changes to zoning and land use requirements to ensure Camden is a diverse, year-round community, with a thriving economy, and sustainable tax base. (Select Board, Town Manager, Planning Board, Community & Economic Development Committee (CEDAC);

CAMDEN’S FUTURE

According to the latest census, the median age of residents here is 49. In comparison, the median age of a resident of Rockland is 45, yet Rockland has a plethora of younger people when compared to Camden—24% of Rockland’s larger population is aged 20-39, while Camden can claim only 10% of a much smaller total. And Rockland has a large group of 10-19 year olds coming up behind those, while Camden simply does not. 

Camden will face problems that other surrounding towns won’t. How does Camden thrive in the years ahead? How can we make certain that there is a reason to move here, to raise a family here, and to spend money here throughout the year? How do we become more employment and housing friendly and offer competitive advantages for businesses over other local towns?

Within The Comprehensive Plan are warning signs of an eventual tourist driven economy akin to places like Boothbay or Bar Harbor—with seasonal revenue becoming the norm as retirees and older adults make up more and more of our population and commercial entities decline. Per that same plan, most of Camden’s working resident’s travel elsewhere to their jobs, spending their money in those towns instead of Camden. There must be high-quality, stable jobs to ensure a vital, year-round community. Camden should understand that without this basic element, the downward trends will continue.

Thank you for listening. 

Ryan Roderick lives in Camden