Residents, officials discuss possible marijuana concerns
Published 10:14 am Wednesday, June 12, 2019
NILES — Nearly all public seats were filled at Monday evening’s city council meeting at the Niles Fire Station Complex.
The council hosted a public hearing on a zoning amendment recommendation to allow industrial greenhouses and recreational marijuana facilities in industrial zones. The recommendation was unanimously approved by the planning commission the week before.
About two hours later, the council hosted a committee of the whole discussion on recreational marijuana zoning amendments.
Some attendees and council members explained how recreational marijuana businesses and industrial greenhouses, which can grow a number of plants including marijuana, would benefit the city and its residents. Others expressed concerns.
Mayor Nick Shelton praised the public for the conversation twice after the hearing closed.
“I just want to thank you all for being civil and having a really good discussion,” he said. “That’s great. We don’t always have that.”
Thorough regulation promised or amendment, opt-in passed
During the council’s committee of the whole meeting, community development director Sanya Vitale explained the planning commission’s recommendation to the board. She also addressed regulative concerns posed during the public hearing and during her time in front of the council.
Both industrial greenhouses and marijuana facilities would only be built in industrial zones, according to the proposed zoning amendment. All marijuana businesses must be pre-approved by the state before the city of Niles considers their applications.
Both Vitale and fire chief Larry Lamb would inspect each business. Vitale said she was willing to devote extra time to thoroughly inspect each potential marijuana business property. She said an eight-page checklist for occupancy had been prepared and follow-ups would occur. The annual city inspection would coincide with a biannual state inspection of each property.
“I fully expect that if we find something illegal, that I would encourage [Niles’ public safety] to go to the maximum extent that they can in regards to the law,” she said.
Vitale also said that each business she has worked with has pledged to go beyond the state’s security laws, like installing fencing around their sites.
“They’re required to have stout security systems,” she said, referring to the state’s laws. “They have to give their IP addresses to us. They got to have 30 to 45 days of tape available, they have to have their products locked up.”
Finally, Vitale addressed smell concerns, which Shelton said were the most common worries he has heard from residents about marijuana businesses. She said that she hopes to have the city purchase a Nasal Ranger, a device used to measure exact odor measurements. If a business goes over that measurement, it would have seven days to lower its levels or face closure.
“Everybody that I have met with … will attest to the fact that I told them all that they have to be very worried about odor control in our community because I won’t allow it to leave the property,” she said.
During a June 6 planning commission meeting, Vitale also noted that Green Stem, LLC, a medical marijuana business from the east side of the state, would not disturb the surrounding area of its hopeful 1140 S. 11th St. property. She said a land use permit, which was approved, would not disturb surrounding commercial properties, create contamination or be a detriment to any person, property or general welfare.
The community development director concluded by saying she intended to uphold the regulatory commitment the city would place on businesses, and that she is trying to make the most of an opportune time to make Niles a good community for marijuana in a state where few communities are yet.
‘Gates swing both ways’
Wilson and Laura Green were the public hearing’s first resident speakers. They asked the council to opt-out of allowing recreational marijuana businesses in city limits because they said they see the negative impact marijuana has on people.
Wilson, who travels for work, said he often asks policemen about the legalization of marijuana. He said that policemen often say that they would rather prohibit alcohol than marijuana, but the officers also do not want marijuana because it is a gateway drug.
Wilson said his son is addicted to it, and the effects of the addiction have hurt his family.
“It has been a great degree of pain and hurt to our family,” he said.
Chris Janowsky, an area entrepreneur working with industrial greenhouses, and Niles resident Will Haas both disagreed with the Greens’ stance on marijuana as a gateway drug.
Janowsky said that Colorado’s drug use has gone down since recreational marijuana was legalized. An American Journal of Public Health report found that opioid overdose deaths decreased by 6 percent after recreational marijuana was legalized, a reversal of a long trend upward.
“As far as a gateway drug, as far as I know, gates swing both ways,” Haas said. “They’re using cannabis now to help people out with heroin addictions, methadone addictions, stuff like that.”
Haas also pointed out that the majority of Michigan residents voted for recreational marijuana legalization, as did the majority of Niles residents.
Most of the points of contention, though, were centered on marijuana businesses being present in neighborhoods and whether the city has the resources to ensure the businesses are regulated and to understand legalized marijuana’s effects on a community.
Zoning recommendation meets regulative, NIMBY concerns
While some council members and speakers at the city council meeting expressed concerns over recreational marijuana being widely available with businesses opening in city limits, other officials and speakers said that the thorough regulation of the businesses allowed for maximum safety for users and community members.
Public speakers came to the microphone before Vitale, who detailed the zoning recommendation, spoke.
Andy Roberts, of Niles, asked the council to opt out because he was concerned that the zoning ordinance amendment made it so the Wayne Street and Lake Street area could be concentrated with many marijuana businesses. The northern part of town has the most unused industrial space that industrial greenhouses and marijuana businesses could be placed on under the proposed zoning amendment.
“I’m concerned that there will be too many of these companies, organizations, in a small area, and that would cause more problems,” he said.
Doug Beckwith, of Niles, agreed. He said that the Lake Street and 13th Street neighborhoods, where marijuana industry could form, has residential neighborhoods, a ballpark and a playground.
Council member Georgia Boggs, whose wards contain many of the industrial zones in contention, shared concerns while Vitale was in front of the council.
“I want to thank each of you for coming out and voicing your opinion on the situation, especially in the first and second ward,” said the first ward representative. “Everything seems to be dumped over in that area, and most of the people I’ve talked to are not really happy about that.”
Dan VandenHeede, who represents on ward two, was also concerned.
“Why are you doing it my ward? Why are you doing it across the street from people in my ward?” he said to Vitale. “That’s just irresponsible, and I will fight that to the end. You can start with the industrial park, but slow down. You don’t have any idea what this is going to do.”
VandenHeede and Beckwith also questioned whether Niles’ public safety units could effectively regulate marijuana businesses and users.
“There’s more in the neighborhood than what you know,” Boggs said. “We live there, so all we’re doing is saying, ‘Be cautious.’”
The city of Niles currently allows medical marijuana facilities to exist in city limits. Three different businesses are working to build facilities in Niles. Each is at a different stage of city approval and development.
If the council decides to allow recreational marijuana facilities, medical marijuana businesses in Niles could enter the recreational market.
Currently, a maximum of four medical marijuana business applications will be accepted by the city. As of now, the city plans on allowing four recreational facilities if the government opts in.