City Council takes first step for marijuana facilities

At the Feb. 1 regular meeting of the Belleville City Council via Zoom, Clerk/Treasurer Verna Chapman presented the list of the 28 applications received for marijuana establishments received by the Jan. 1 deadline.
Under the ordinance passed by voters, Clerk Chapman said she is obligated to issue provisional licenses for marijuana establishments. Under the ordinance [available for study on the city’s web site], Chapman has 30 days from the Jan. 1 deadline to award seven provisional licenses.
At the Feb. 1 meeting, she said of the 28 applications, one was postmarked late, four were out of the zoned district, and one did not designate a location, so that left 22 applications.
Chapman said 18 applications were from Portage Acquisitions, Inc. and all of those were located at 290 Industrial Park Dr. and 299 Industrial Park Dr., Suites A and D. All of those scored from 93 to 98.
J Leaf LLC applied for four Microbusiness locations at 303, 307, 313, and 317 Industrial Park Dr. Those applications were all scored 65.
Chapman said the applications were scored as required by the ordinance.
PSFB,LLC applying for a location at 510 Savage Rd. for Retailer, Class C Cultivation, Processing, and DCL was not scored.
Also, The Pure Lapeer, LLC, which applied for Retailer and Provisioning Center licenses at no address, was not scored.
She said they did not have more applications than licenses available.
Interim City Manager Tracey Schultz Kobylarz, attending her last meeting in that position, said since this is a relatively new procedure, they need more information before proceeding.
She said they want another conversation with the city attorney the next day and would get back to the council with the information.
Mayor Pro Tem Jesse Marcotte asked if 21 were actually approved, as stated on the printout that was part of the council packet. Interim City Manager Kobylarz said that actually should be 22.
Marcotte said the five retailer licenses listed at the bottom of printout were more than the four allowed under the ordinance. And, the four microbusinesses listed are more than the minimum of two allowed under the ordinance.
Councilman Ken Voigt said he is not in favor of issuing more licenses than permitted.
“I think the ordinance calls for 23 different types of licenses,” Councilman Voigt said. “That’s excessive for a city our size.”
“We would like to review the information with our attorney and get with you tomorrow,” Kobylarz said.
“We knew we had to follow the ordinance to a T,” said Mayor Kerreen Conley.
Voigt said it was a Herculean effort to comply with this ordinance and, “I do not want to issue more licenses than called for.”
Kobylarz said Clerk Chapman had to read every page of the applications and fly-spec each one. She said everything was scored by what the ordinance required, what the city wants, and what Chapman was required to do.
“If we did nothing today we would have lost a great deal of revenue,” Kobylarz said. “I’ve put in at least 40 hours on this while I was on vacation.”
Marcotte said he agreed with Voigt’s comments.
He said as to the school’s Vo-Tech property that may be put back on the market, it is important for the city and the school district to talk to one another. They have to realize the business can’t open any time. They have to apply annually. He said it’s imperative that the city and school talk to educate the people.
Kobylarz said she talked with School Supt. Pete Kudlak and affirmed that the building was in the overlay district.
She said the potential buyer called and was reminded of the annual licensing and he said maybe he would just buy it and wait until the next open session to apply.
Kobylarz said this is “not Joe Schmo who wants to open a head shop” but an experienced, professional businessman.
Marcotte said the school property is in question when the early childhood development center opens.
Councilman Tom Fielder said when he read the news report of the school board meeting, there was a statement about the city council approving the ordinance. He said the city did not approve it. It was an outside group that brought the ordinance. The school board member misspoke, he said. There is a lack of understanding of the situation, Fielder said.
Fire Chief Brian Loranger asked if there was a grandfather clause that the property would remain in the overlay district after the early childhood development center is open.
“If the early childhood center is complete when they apply?” Voigt asked.
Kobylarz said if it is an actual school and not a daycare center it would make a difference. Daycare centers are not considered schools under state law, Kobylarz has advised in the past.
Mayor Conley said the council will hear back from Kobylarz and Chapman after the discussion with the attorney.
In other business at Monday’s Zoom meeting the council:
• Approved the resolution for Exemption of Principal Residence by Reason of Poverty, as updated to comply with federal law. Assessor Jen Stamper of WCA, which has been city assessor for 10 years, said the income level was increased based on federal guidelines;
• Appointed Police Chief David Robinson as Acting City Manager beginning Feb. 14 at the rate of $38.46 per hour. All other conditions of Chief Robinson’s employment still apply;
• Heard Mayor Conley say that Kobylarz is not continuing in her position and she thanked Kobylarz for a year of hard work and effort in unprecedented times. “We wish you nothing but the best,” Conley said and Kobylarz had no comment. Later, when it was time for city manager comments, Kobylarz said, “Thank you. That’s all I can say.” Each council member thanked Kobylarz for her work for the city. Conley said she has known Kobylarz for quite some time and she’s worked for Kobylarz in the past. “You did not come into an area that was well-organized and everything in its place,” she said, adding the businesses were happy with the work she did on the Bora Dora license. “Don’t be a stranger. We appreciate everything you’ve done.” She said the study sessions set up by Kobylarz ave been very nice going into budget talks;
• Removed from the agenda a resolution approving the Defined Benefit Plan Adoption Agreement of the Municipal Employees’ Retirement System (MERS);
• Approved accounts payable of $139,450.62. Kobylarz said an invoice came late for the fire department from Priority One, for 2020 and 2019. They were sending them to an email Fire Chief Loranger said he never had. He said the total was between $200 and $300 and Kobylarz said it had been included in accounts payable. The company now has the right email, Loranger said; and
• Heard Kobylarz say the 31 pages presented was her last follow-up list and it was from beginning to end and would be important for the city’s new city manager to have. Councilwoman Kelly Bates said that it was too long and she just wanted the outstanding matters in a list. Kobylarz replied, “I can do that for you.”
Before Monday’s regular council meeting, the council held a virtual study session at 6 p.m., with Police Chief Robinson giving an hour-long, detailed report on the police department. At 7 p.m., the council had a study session on the Downtown Development Authority with Coordinator Carol Thompson that lasted 15 minutes. The regular meeting began at 7:30 p.m.