August 8, 2019 Minutes
JOINT WORK SESSION BETWEEN THE BUCHANAN CITY AND PLANNING COMMISSIONS MEETING MINUTES
TOPIC: RECREATIONAL MARIJUANA
Thursday, August 8, 2019
A Joint Meeting of the City Commission and Planning Commission for the City of Buchanan was scheduled at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Thursday, August 8, 2019 at 6:00 p.m. The Mayor called the meeting to order at 6:02 p.m.
City Commission Members present: Mayor Moore, Commissioners Toerne, Weedon, Downey and Denison
City Commission Members absent: None
Planning Commission Members present: Kevin Barker and Ralph McDonald
Staff present: City Zoning Administrator Debra Patzer and City Clerk Brenda Hess
Guests/Visitors present: Rick Paniagua, Dan Vigansky, and Alex Leonowicz (Arrived at 6:45 p.m.)
Patzer distributed draft ordinance and reviewed various changes in verbiage from medical to adult use. Noted italicized portions are changes from previous draft. Weedon inquired regarding 21 age limit for consumption establishments. Liability might dictate age limit. McDonald inquired regarding definition of consumption.
Moore suggested discussion of Ordinance by section. Paniagua and Vigansky requested copies to view for duration of meeting. Patzer noted only current medical permit holders would be allowed to have adult use permits for the first 24 months of Ordinance enactment.
Section 1 discusses the purpose of Ordinance. There were no questions. Noted adult use and medical marijuana Ordinance are quite similar.
Section 2 describes definitions surrounding adult use and are similar to those used by MRTMA (Michigan Regulation and Taxation of Marihuana Act). Definitions for clarity and are standard which provides clarity for remainder of document. Weedon requested further definitions regarding the types of establishments which would provide further clarity for the public. Moore asked for clarification of “excess marihuana grower” definition.
Section 3 authorizes different types of establishments and fees for permits. Moore requested the word “shall” be changed to “may” in Section 3-B regarding permit renewal. Renewal process discussed briefly. Lengthy discussion regarding the number of establishments allowed. Consensus of group is there are many unknowns regarding different types of businesses making it somewhat difficult to determine the number of each establishments to be allowed. Discussion of having an umbrella for all retailers and having people present plans to the Commission for approval, instead of issuing a number of permitted establishments by type. Commission could then dictate what kinds of establishments would be a best fit for the community. Paniagua noted that existing license holders cannot hold microbusinesses licenses. The umbrella of retailer permits would include a “not to exceed” number.
Patzer noted that all respondents to the anonymous medical marijuana permit holders were interested in participating in the adult use market. Toerne noted all current permit holders should be made aware of meetings and hearings.
Barker inquired regarding future changes which might need to be made if big pharmacy becomes involved which could open the possibility of card holders being able to use insurance cards for medical marijuana. Toerne suggested working with what we have currently and not projecting out with “what ifs”. Moore noted changes can always happen as City leadership changes.
Stacking of growing licenses was discussed briefly. Noted microbusinesses must have grow, processing, and retail all on one premises. Establishing definitions different types of retail is important. Toerne noted State will grant temporary permits for adult use events at a cost of $6,000 and the City could charge $1,000 for a local permit. Locations for possible events were discussed. Ordinance needs to clearly spell out definitions for various adult use establishments.
Possibility of having retailer, microbusiness, and consumption establishments under one umbrella of retail. Noted transport and safety compliance facilities are not very popular in the State.
Moore suggested holding public hearing at next Commission meeting, but it was noted that there was not enough time for the required fourteen day posting. It was suggested to have the definitions cemented before the public hearing. Toerne inquired if the fee would be the same for temporary events. Downey noted that temporary events would require extra public services of police and fire. Patzer noted State has a schedule fee for temporary event permitting.
Section 4 lists the requirements and procedures for issuing permits. Patzer noted applicants need special use permits from Planning Commission before applying for a permit with City. Noted renewals need to be scrutinized as initial permits are. Discussed need for deadlines for permit holders to open facilities. This is new language. Insurance requirements were discussed and the need to wait for fulfillment of insurance requirement until facility is closer to opening. Proof of ownership and leases were discussed. Most requirements for permitting for adult use are similar to medical Ordinance.
Section 5 addresses stacking for Class C growers. State is unclear regarding stacking and “excess grower” licenses. Noted excess growers would have upwards of 10,000 plants provided facility footprints can accommodate that amount.
Section 6 covers permit renewal process. Permits will be valid for one year. Renewal applications will need to be filed 30 days in advance of the expiration date.
Section 7 addresses the evaluation of applications for permits. Covers the standards City will have for applicants. Clarification of the final approval was discussed.
Section 8 discusses permits in general including transfers of permits.
Section 9 covers minimal operational standards for all marijuana establishments. It spells out rules for consumption including temporary events and all rules for businesses.
Denison departed the meeting at 7:22.
Questions regarding the involvement of the Health Department were discussed in regard to consumption. Noted retention of surveillance video should be increased from fourteen to thirty days which was suggested by grower in audience. Churches, schools, daycares and libraries were discussed. Added the word “operational” for schools.
Section 10 discusses minimum operational standards for retailers.
Section 11 addresses the minimum operational stands for growing establishments.
Section 12 discusses the minimum operational standards for safety compliance establishments.
Section 13 discusses minimum standards for processing establishments.
Section 14 addresses minimum operational standards for secure transporters.
Patzer asked that if Commissioners want changes they should be submitted to her as soon as possible. She is sharing a PDF to present permit holders for them to review. Seeking input.
The next meeting to take place on Thursday, August 22 at 6:00 p.m. Moore requested all missing members be provided with minutes
Mayor adjourned meeting at 7:41 p.m.
Brenda J. Hess, City Clerk Patricia Moore, Mayor