6 Church Street, Gardiner, Maine 04345
www.gardinermaine.com
CITY OF GARDINER
ORDI NANCE REVI EW COM M I TTEE
MEETING NOTES
Monday January 7, 2013 @ 3:00 PM
City Hall Council Chambers
Members Present: Debby Willis, Chair John Burgess
Nate McKenna
Charlene Kinnelly
Christine Szigeti-Johnson
Clare Marron
Members Absent: Jonathan Stonier
Also Present:
David Cichowski, Code Enforcement Officer (CEO)
Dorothy Morang, Staff to Ordinance Review Committee
Nate Rudy, Director Planning & Community Development
Scott Morelli, City Manager
Hilda Whitmore
Keith Whitmore
Chandler, Chad & Andrew Johnson
Ellen Currier
Pat Hart (City Councilor)
William Esterline
Alex Rosenberg
Dorothy Washburne
Nancy Forsell
1.)
Mattie Parlin
Jason Dickson
Paul Koenig (KJ)
Veronique Vendette
Harvey DeVane
Chair Willis opened the meeting and thanked everyone for their interest and
participation. She noted that this is not the final product; this is a draft that will
go to the Planning Board for their review and recommendation and following
that, to the City Council for review, public hearing and a decision. She said that
this Committee has carefully looked at all aspects of the issue, they’ve researched
other towns both instate and other states and had a lot of public input.
Chair Willis went over the draft that she had prepared based on the previous
meeting and asked members what they thought. The changes made are as
follows:
Ordinance Review Committee Draft Meeting Notes January 7, 2013 Pg. 1
Sec 4-91
Include the words “owner occupied” before single-family dwellings.
Sec 4-92
Definition for Domesticated Livestock, add to first sentence; ”female, her off spring
under 6 months old and neutered (wethered) males. No bucks are permitted. The
animals must be de-horned and vaccinated.” Remove: animal units as only 2 are
allowed in this section.
Sec 4-93
(a) Include “owner occupied” before single-family
(b) Include “two” before animals and add sentence: “Only one animal may be pregnant
at a time. The animals shall be dehorned and have current rabies vaccinations”.
(c) Change farm animals to “livestock”
Sec 4-94
(a) Remove the words farm animals and add: “livestock”. Remove the last sentence.
(b) Change: farm animals to “livestock”.
Chair Willis noted that she took the suggestions from the Animal Control Officer’s letter
concerning structure requirements and animal keeping and added them to Sec 4-94 (c).
(c) Add after first sentence: “The structure shall provide dry, draft-free shelter, designed
to protect the animals from excessive sun, rain and inclement weather, with at least 15
square feet per adult animal. Two adult animals should be able to share the enclosure
comfortably, with room to turn around freely. Preferably, the structure should have
raised sleeping and eating platforms for the comfort and well-being of the animals as
required for each of the species”.
Chair Willis asked the Committee members if they were ok with these - were they clear,
but not too constraining. Some of the members thought that they were too permissive
and asked that all of the shoulds be changed to “shalls”.
(e) Add the following after the first sentence: “The pen shall be constructed of material
sufficient to secure the animals. Preferably, the pen should contain several objects such
as logs, cable spools or stumps to provide the animals with climbing opportunities for
exercise.”
The ORC members asked that preferably be changed to shall in 4-94 (e) and add goat
pen as well as other info from the Animal Control Officer’s letter.
Ordinance Review Committee Draft Meeting Notes January 7, 2013 Pg. 2
Sec. 4-94 (e)
Change preferably in the third sentence to “shall” and add the word “goat” before the
word pen in the same sentence.
Sec 4-94 (f)
Insert the following: “The shelter and pen shall be kept clean and free of waste. Clean,
fresh potable water must be available at all times and the animals shall be fed a diet
appropriate for their species; clean dry hay and pasture forage, supplemented with
grains as needed (no food intended for other species, such as dry dog or cat food, rabbit
feed, or poultry feed). The animals shall also be provided additional care as
appropriate for their species, such as, but not limited to, regular hoof trimming, regular
de-worming and vaccinations.”
Sec 4-95
(a) & (b) replace Animal Control with “Code Enforcement”.
Sec 4-96 Second sentence, remove the following: covered by a fully enclosed structure with
a roof line or lid over the entire structure and replace it with: “in a container with a secure
lid.” In third sentence, replace thirty (30) with “seven (7)”.
John Burgess asked if we should require the pen be locked. Chair Willis said that when
this draft goes to the City Council, we should make sure that trespassing and other
damage includes actions towards the goats also. William Esterline said that the goat
owners would have to have “No Trespassing” signs up or they can’t be cited for
trespassing.
Sec 4-97
Fee amounts were changed to: “as set by the City Council.”
Go back to 4-93
(d) Remove the word: “Outside” to say that slaughtering and processing is prohibited.
(b) First sentence: after single-family, add the words: “or two-family”.
Chair Willis left the meeting to attend another meeting.
John asked if we needed proof of topography to ensure goats were on the high spots of
the lot. David said no.
David said that he is concerned about all of the requirements that are being set - that it’s
a little too much to specify what they are to eat, sleep, etc. John said we have tight rules
about setbacks, so we need these. Nate McKenna said the issue is, is it an opinion or a
necessity. He said he agrees with David. Veronique said that maybe we could make a
Ordinance Review Committee Draft Meeting Notes January 7, 2013 Pg. 3
fold-out document to provide applicants, giving them suggestions for good practices
and treatment of animals.
John asked if applicants needed to provide an emergency action plan in case of a fire or
flood. Chandler Johnson said that goats or sheep are a big investment as well as pets.
He said if there was a fire, he would get his family out and then go after his pets. After
discussion, it was decided no.
John asked if abutters should have the opportunity to say yes or no and why when a
permit comes in. All of the other members said no. Dorothy Washburne thought that if
we’re changing the use, the neighbors should be able to comment. Scott said that the
neighbors can comment, but David has to go by the Ordinance. Veronique said that if
an applicant is following all requirements, what’s the purpose of comments.
William Esterline was concerned it could devalue neighboring homes. Nate McKenna
said is a tough one. Christine said that you can’t use this to claim devaluation as
anyone could build something beside you that you don’t like and you can’t do anything
about it. Charlene said that she feels we’re going off the subject, that the ORC has
presented a complete draft for further action. She said that we’ve done what we’ve
been asked to do.
Pat Hart said that there is a precedent allowing people to speak at things such as
requests for liquor licenses. Whether they issue them or not, it helps the decision
makers.
4.92 It was requested that a comma be added between the words old and and, so to
read: “6 months old, and neutered”.
Christine Szigeti-Johnson made a motion that we recommend this draft be moved to
the next step with the addition of the changes made today. Nate McKenna seconded
the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
John thanked everyone.
City Manager, Scott Morelli said that there will be 2 readings and public hearings at the
City Council on this as the City Council sets the policy. He thanked everyone,
especially the ORC members and said that he hoped that they all might be willing to
continue to serve on this Committee in the future.
4.)
ADJOURN
Meeting adjourned
Ordinance Review Committee Draft Meeting Notes January 7, 2013 Pg. 4