VBT OKs first reading of new MJ ordinance

The first reading of an ordinance to keep medical marijuana caregiver activities in residential areas was approved by the Van Buren Township Board of Trustees at its regular meeting Nov. 18 via Zoom.
The second reading and approval will be on the agenda of an upcoming meeting.
Dan Power, director of planning and economic development, explained in 2016 medical marijuana facilities were approved by the state for commercial / industrial areas and VBT opted out.
In 2018 medical marijuana establishments were approved by the state and VBT opted out.
He said in 2008, state law was enacted that covered medical marijuana caregivers throughout the state. He said this year the Michigan Supreme Court upheld a court case brought against Byron Township on the west side of the state. The VBT ordinance is based on this Byron Township law.
He said this makes residential uses an accessory use and there are limits on the location within a dwelling or detacted garage.
“We thought this was a sensible approach for the township to take,” Power said, noting growing would be limited to residential areas and the ordinance is very similar to the one upheld by the Supreme Court.
He said this limits marijuana growing to 300 square feet or 20% of a dwelling. He said you can’t prohibit medical marijuana caregivers under the 2008 law.
Trustee Reggie Miller said residents have told her there are smells in certain areas of the township. She said you can drive by and smell it.
Power said caregivers can grow up to 12 plants per patient, up to five patients. If the caregiver also is a patient, that person also gets 12 plants, too, making a total of 72 plants.
“It’s the law,” Power said.
Trustee Miller said there is a right for people to enjoy their property, as well.
“If somebody has a complaint … an odor problem … there’s a way to address that?” Trustee Miller asked.
Supervisor Kevin McNamara said the township does have nuisance laws and it has prosecuted this in the past.
Township attorney Angela Mannarino said this allows the township to enforce the ordinance and “neighbors have a right to enjoy their property.”
Clerk Leon Wright said when you run by somebody’s home, you can really smell it. He asked if the township couldn’t regulate caregivers by checking who’s on the list.
Mannarino said the state does not give the police access to the list of licensed caregivers.
“This ordinance is here because of a fact,” said Supervisor McNamara. “A guy went to the building department and said he was going to grow marijuana in a commercial area. We had opted out and said ‘hell, no.’ He said too bad you never limited medical marijuana to residential areas. They can grow it in a gas station … And we can’t do anything about it, right?”
Mannarino said, “We’re with what the Supreme Court approved.”
“There is one business who could do it because he started before we did this,” McNamara said.
Director of Public Service Matthew Best said this really was in response to the township’s lawfirm bringing it forward.
“There’s a lot of quasi-legal caregiver purchases of commercial property and they could grow marijuana next to Starbucks,” Best said. “The DeRuiter case allows us to decide whether to allow growing in commercial areas,” he said of the DeRuiter v Township of Byron.
He said because of the nuisance aspects — such as odor, lights, and noise – “We were working toward this before this person approached the township.”
In other business at the one-hour-20-minute meeting Nov. 17, the board:
• Congratulated the VBT Downtown Development Authority for getting an award from the Michigan Downtown Association for 2020 Best Placemaking Project in the State for Harris Park. It was presented to VBT DDA at the Nov. 5-6 virtual conference;
• Approved the Van Buren Township Master Plan, per the requirements of the Michigan Planning Enabling Act, PA 33 of 2008;
• Approved the Wayne County Hazard Mitigation Plan;
• Approved the supervisor’s appointment of Brian Cullin to the planning commission to fill the unexpired term of Donald Boynton, who has been elected to the township board. The term expires Oct. 1, 2021. Cullin has lived in VBT for 59 years and holds a bachelor of science degree in construction engineering and a master of science degree in physics education. He retired from the Livonia Public Schools’ staff in June;
• Approved the supervisor’s re-appointments of Kevin Boyer, Juanita Jenson, Harry Roesch, and Penny Young (alternate) to the Board of Review with terms to expire Dec. 31, 2022;
• Approved the corrected 2021 Holiday Schedule;
• Heard McNamara report that at the last Forgotten Harvest event, lines wrapped around township hall for the free food. He said the next event would be Nov. 24. He also announced that the VBT Red Cross Blood Drive had 36 people signed up to give, which was enough to help 100 patients;
• Heard McNamara explain the changes in township COVID policies, following the new directives from the state. He said the township is better equipped for some of the staff to work from home since there are laptops that had been purchased with COVID funds. He said 70% of the work can be done from home. He said every single phone call is returned. Staff is at the township hall Monday through Friday from 7:30 a.m. to 4 p.m. and the doors are open to the public from 10 a.m. to 3 p.m. “All the township services will continue,” he said, adding there is no change to public safety which serves the township 24/7;
• Heard Trustee Miller say COVID reports should be put on social media so the public knows how bad it is. Treasurer Sharry Budd said the figures have been on Facebook and, “I don’t know why we don’t put it on our Facebook page”; and
• Heard Trustee Miller say she was so sorry Trustee Paul White couldn’t join the board for his last meeting on the board. She said he took his time and his skills for the position. “Whether you agree or not … it’s important we recognize each other … It’s a lot of work,” she said, welcoming new member Don Boynton. Clerk Leon Wright thanked White for his years of service. “He had a right to speak his opinions and should be respected,” Wright said. Trustee Kevin Martin thanked Trustee White for his zeal and his passion and he was “a true guardian of the residents…” Supervisor McNamara said, “I’m thankful I got elected and you got elected … We got four more years.” He held up a plaque prepared to honor White’s service as a trustee. McNamara said they will mail it off to him, “Hoping he’s OK.” Trustee Sherry Frazier added, “He did a great job for the township.”