City Council puts pot shops question on Nov. 3 ballot

The Belleville City Council voted unanimously at Monday’s Zoom meeting to ask the residents of the city to decide on whether they want a marijuana shop or two on Main Street by placing the question on the Nov. 3 general election ballot.
Actually, there are two questions: One is to enact an ordinance to provide for the number of marijuana establishments within the city and provisions for their operation; the other is to amend the city charter to allow this.
Questions for the Nov. 3 ballot have to be in the Wayne County Clerk’s hands by Aug. 11.
Interim city manager Tracey Schultz Kobylarz explained the situation.
She said about two weeks ago, the city was presented with stacks of petitions asking the city to legalize marijuana shops in the city and one to change the charter to allow this.
Kobylarz said, in June, Clerk Sherri Scharf got a call from someone on how to present a petition. She presented it to the attorney, who was Steve Hitchcock at the time, and he explained that it was a simple process and the city had to sit tight and there was nothing they could do to prevent the petition.
The petitions were submitted to the clerk and she submitted them to the city attorney (now Jeff Clark) because that was the procedure in the city charter. Kobylarz described the way the petitions were 18” wide sheets all put together and it appeared so many people had signed without reading it.
She said on a Tuesday night, at 10 minutes to 5 p.m. closing, they crowded into city hall. Submitting the forms were professional signature collectors from Arizona, Florida, and Texas, coronavirus hot sports, which “put the staff on edge,” Kobylarz said.
“There were 75 pages of these things,” Kobylarz said, adding Clerk Scharf swore her in as an assistant and they got to work on validating the signatures.
“Most who signed were not from Belleville,” Kobylarz said, explaining most were from Van Buren Township and some from Sumpter Township.
“Once we determined the valid voters in Belleville on Friday, we contacted the new attorney,” Kobylarz said, adding they have done everything by the book.
Attorney Clark said the council’s options are limited. He said the clerk certified enough Belleville signatures. He said the council could adopt both measures or simply send language to the county clerk to be put on the next ballot.
Councilmembers Kelly Bates and Ken Voigt said they sould let the voters decide.
Councilman Voigt said they needed 25% of voters in the last presidential election and Kobylarz said they had that, with 88 valid signatures.
Planning Commissioner Mike Renaud asked why would Belleville be bothered with this and why didn’t the out-of-towners choose Van Buren Township or Sumpter Township? He said there is just a handful of people in the city who would use the shops and Belleville has a small police department.
Councilman Tom Fielder said they are probably doing petitions in any city in Michigan who hasn’t approved marijuana dispensaries.
“They don’t have a very good handle on our community,” Voigt said.
“People not in our community can do this,” said Mayor Conley. “I was shocked to know anyone could even do that to change our charter.”
“No one came knocking on my door,” said Renaud, noting he is home all day.
“They had an army,” Mayor Conley said. “They came from the outside.”
“We should not be held hostage,” Renaud said. “It doesn’t seem right.”
“I believe with Ken Voigt that it should be decided by the voters,” said Planning Commissioner John Juriga. “I signed the petition, and my wife signed. A hired high school kid came to our door without a mask.”
“I have the same angst that others are expressing,” Voigt said. “We have no choice but to put it on the ballot.”
Juriga said council passed an ordinance and it was posted in the local newspaper against having marijuana shops in the city.
“We don’t know how the voters will vote,” Voigt said.
“We have no choice,” Marcotte said. “Either pass it or put it on the ballot.”
“If the majority of voters say they want a marijuana dispensary on Main Street, so be it,” Fielder said.
Voigt said the city attorney said they have no choice. He said he has been in the city for 40 years and, “… almost always the voters get it right.”
“Our city attorney wrote up an ordinance to keep it out of the city, now we have to change the ordinance,” Renaud said.
“We could pass any ordinance and a group could petition,” Voigt said.
Juriga reminded them that at one point the city approved zoning for a marijuana facility in a lot behind Davenport Plaza because it had to, but that location never was used and the zoning was later repealed.
Mayor Conley said if the voters say yes, the city has the responsibility to say where they could be.
Attorney Clark said the council has the responsibility to reasonably calculate where they could go. And, this would all be under state regulations.
“You can’t not zone things because you don’t like it,” Clark said. “You have some responsibility.”
Police Chief Dave Robinson said you can vet out people who will run it.
Clark said like a liquor license, you can do background checks. “You still have control on where it should be,” Clark said.
“We have a responsibility to educate voters,” said Mayor Conley. “We presently did what was required of us.”
In other business at Monday’s meeting, the council:
• Unanimously approved the extension of the six-month contract of interim city manager Kobylarz for another six months, mirroring the present contract. She has an annual salary of $80,000. Mayor Pro Tem Jesse Marcotte said this would allow things to become “normalized” before a final decision is made. Mayor Conley said Kobylarz has done a lot of things that hadn’t been done in the past and she was getting their house in order. All council members expressed their support of her work;
• Turned down a motion by Councilman Voigt, on a 3-2 vote, to put on the Nov. 3 ballot a question to change the city charter to reduce to zero compensation for the city council. Since 1982, when the charter was adopted, the council members have received $1,000 a year each and the mayor $1,500. Voigt said that $5,500 saved could be put to good use elsewhere. Mayor Pro Tem Marcotte also voted in favor of the move. Voting no were Bates, Fielder, and Mayor Conley. After discussion it was agreed the whole charter needs to be reviewed to make it more up to date and a charter commission should be established. It will be put on the council follow-up list;
• Withdrew from the agenda the request of Brad Traskos for the Farm Bureau Tractor Ride through Belleville on Saturday, Aug. 29, because Traskos said the event has been canceled until next May. The approximately 50 tractors were to parade down South Street to Main Street to Liberty Street to East Huron River Drive and out of town;
• Approved the mayor’s re-appointments of John Juriga, Steve Jones, and Randy Priest to the planning commission, with terms to expire Dec. 31, 2022;
• Approved the mayor’s re-appointment of Councilman Thomas Fielder to the Parks and Recreation Commission with a term to expire Dec. 31, 2022;
• Approved the mayor’s re-appointment of herself to the Downtown Development Authoriy with a term to expire Dec. 31, 2023;
• Approved the mayor’s reappointment of Jacqueline Schank-Ulch to the Civil Service Commission with a term to expire May 31, 2026;
• Approved the mayor’s reappointments of Bob McCraight and John Hennessey to the Construction Board of Appeals – Property Maintenance with a term to expire Dec. 31, 2021;
• Approved accounts payable of $72,694.22 and one purchase in excess of $500: to TNT Tree Service, $1,700 for removing a dead city tree on Edison and High streets, from the Roads fund;
• Heard Police Chief Robinson announce his department has been invited by Dearborn Police Department to take part in Operation Safe Streets, Aug. 17-28, along with at least other seven police departments, where they will do high visibility traffic enforcement. He said places in this region have been plagued by violence and this is to make the streets safer. He said they will keep track of traffic stops, weapons, and report the results together in a press conference. Chief Robinson said it will enhance communication with other departments and enhance overall strength of this region;
• Heard Kobylarz read a thank-you letter to Belleville Police Department, signed by Van Buren Township Supervisor Kevin McNamara, for participating in the recent peaceful Black Lives Matter event. Supervisor McNamara said such professional assistance from their neighbor is appreciated; and
• Heard Patricia Myles of Ypsilanti Township say she was looking to see the LaSalle statute on the agenda for discussion, but it wasn’t there. She said she has an informal petition with signatures in support of removal of the statue from Victory Park. She said it is signed by residents and workers (including herself) in the 48111 area, including Van Buren Township Clerk Leon Wright. She said Belleville does have a racism issue and asked if the issue of the statue removal will be on a future agenda. Mayor Conley said she doesn’t know when it will be on a future agenda. Myles asked where to fax her petition and was told to send it to the city manager or clerk at Bellevilleonthelake.com, the city’s new address.