ELIOT, Maine�� The Select Board was notified Thursday that a glitch in town ordinances prohibits medical marijuana establishments almost anywhere in town.

Code Enforcement Officer Shelly Bishop and Land Use Administrative Assistant Kristina Goodwin wrote the requirement for a setback from �sensitive areas� needs a remedy.

The current ordinance regulating nonprofit medical marijuana dispensaries and registered primary caregivers states: �A dispensary or registered primary caregiver facility may not be located within 500 feet of the property line of an existing public or private school, residential property, childcare facility, place of worship or public facility.�

Public facilities currently include roads, mostly Route 236. Bishop said most proposed medical marijuana uses do not meet the required setback from a road. She proposes �roads� be removed from the definition of public facility.

Goodwin said the Planning Board discussed the problem at its Jan. 7 meeting. She said her department uses a different definition for adult use marijuana. There are conflicting ordinances. Chapter 1, General Provisions, Section 1-2 states public facilities include �roads,� but Chapter 11, Adult Use Marijuana Establishments, public facilities do not include �roads.�

�While we want to allow those things in the town, we also think it�s also important to protect this, ourselves,� said board member Melissa Horner.

�It causes us great heartache,� Town Manager Dana K. Lee said at Thursday�s Select Board meeting. �We are working to correct that.�

In other business

Fire Chief Jay Muzeroll proposed instituting a �public safety impact fee.�

Lee said communities like Kittery impose impact fees to cover some increased public safety costs caused by growth.

Muzeroll�s memo proposes a fee of $5 per $1,000 of new construction after the first $100,000 in value to cover infrastructure and capital costs in public safety due to growth. He said in the next five years, there could be 175 new housing units in Eliot. He said his research shows if a fee were in effect since 2016, the town would have raised $100,000 to offset related public safety costs.

He pointed to the recent upgrade of cell tower communications, at $85,000, that could have been covered without using property tax funds.

Select Board Chair Richard Donhauser said it is a good idea and the other board members agreed it was something to pursue.

Lee proposed rescinding the town employee pay plan, part of the town personnel policy. He said with most employees in labor unions, and pay scales part of union contracts, few other employees are part of the plan, and the information the plan is based on is outdated. Lee said once an employee reaches the top level of the plan, there is nowhere to go, and it makes hiring new employees difficult. The board asked Lee to conduct research to revise the plan.

Kittery Water District Mike Rogers told the board the charter for the district, established in 1907, was going to be revised, to allow all customers, those in Eliot and York in addition to Kittery, to vote for and run for seats on the water district board. He encouraged the Select Board to write in support of the revision, which has to be approved by the Maine Legislature. State Rep. Dean Rykerson, D-Kittery, is sponsoring the bill. The Select Board approved writing the letter.

The board discussed noise from the Southern Maine Fish and Game Club shooting range off Goodwin Road. Club President Norman Chenard wrote to the board that improvements were made to sound-buffering and the club is consulting with an engineer to further reduce noise. Neighbors, especially in the Rolling Wood neighborhood, have complained of noise, especially on weekends.

Lee announced nominations are sought for two awards. One is the American Legion Fabian Drake good citizen award. The other is the Spirit of America award for community service. Nominations can be made at the town office.

Select Board member John �Jack� Murphy did not attend the board meeting due to ongoing health reasons. He has not attended a board meeting since October. At the Jan. 9 Select Board meeting, members discussed steps to replace Murphy as a board member, if necessary.