VILLAGE OF HOLLY



VILLAGE OF HOLLY

VILLAGE COUNCIL MEETING

July 11, 2017

The regularly scheduled meeting of the Village Council of the Village of Holly was called to order by President Perkins at 7:00 P.M. in the Village of Holly Council Chambers located at 300 East Street, Holly, Michigan.

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Council Members Present

Jim Perkins

Dave Cruickshank

Ryan Shiel

Debra Musgrave

Chris Rankin

Bob Allsop

Suzanne L. Heiple

Excused/Absent

Staff Present

Jerry L. Walker

Deborah J. Bigger

Brian Klaassen

Steve McGee

Katy Hughes

Mike Gildner

Others Present

See attached

President Perkins called the meeting to order at 7:00 PM.

Clerk/Treasurer Bigger called the roll.

CONSENT AGENDA

1. Agenda Approval

2. Consideration of the Approval of the Council Meeting Minutes of June 27, 2017.

3. Consideration of the Approval of Warrant 2017-013 in the amount of $26,075.28.

CHANGES TO AGENDA:

President Perkins asked that number 4 on the Consent Agenda be removed.

CM 2017-072 Motion by Cruickshank, second by Heiple to approve the amended agenda.

Roll call vote was as follows:

Voting for: Heiple, Shiel, Musgrave, Rankin, Allsop, Cruickshank, Perkins

Voting against: None

Absent: None

Motion carried.

PUBLIC COMMENT

Rick Powers, 816 Holly Bush, said we are continuing on with the beautification of Cyclone Park. He said they have the non-profit status now. They are moving forward. He said the dog park is out but we are looking at some interesting ideas for the park.

He said they have to follow the guidelines to the letter. He asked if anyone wants to step forward and volunteer. He would like to commend Bob Allsop for taking care of a parking issue near the memorial so quickly.

OLD BUSINESS

None.

NEW BUSINESS

#1 STUDY SESSION

Presentations:

Cannabis Counsel, PLC

Tomas Levine. Cannabis Counsel.

Presentations attached to minutes

Mr. Levine said he would begin with general context. He said he knows this is a highly controversial area. There has been a long history of criminalization of this. The new licenses will clarify that.

The patients don’t always have the chance to meet a caregiver. Provisioning center allows safe access to their medicine.

94-95% of public agree to allow adults to use medical marijuana.

Access illegal drugs. You are not going to see heroin or sales to unlicensed people.

Solving the teen use issue. It is more normalized. It is no longer rebellion.

Legalizing it does not increase teen use.

Alcohol makes you do stupid things. Banter about the IQ of youth. It indicates it does not cause a problem in diminishing the IQ.

In Colorado, fatal car accidents have gone down. They possess no elevated risk of accident.

Cannabis and driving is not an issue. Texting and driving is much more dangerous.

The revenue is significant. The number of licenses you adopt, the more of the State revenue you receive. Shared amongst the cities. Depending on the number of licenses they adopt. It could help out Holly.

Ron Dicico said he is dedicated to the goal. He manages many medical companies and hospices.

Denying them access to these meds, means they would need to travel great distances. In short, it was designed specifically for people in this industry.

Evergreen Consulting and Development

Justin Dunaskiss

Mr. Dunaskiss said they do lobbying at the state and federal level. Evergreen management group. Creating policy and helping with the bills that have been introduced. He is also a planning commissioner in Orion Township. There are numerous communities across the state going through the same thing. We are here to talk about the Village of Holly. He was in Lapeer last night. City of Flint is writing their ordinance. It is really a planning and zoning play. Medical marijuana act was passed in 2008. For that reason, we need to move forward and allow these facilities.

Having fit regulated gives you control. Economic opportunity. The welfare of the folks seeking out that medicine.

Control it and get some revenue from it

You shouldn’t ask yourselves if you should opt in, but why not opt in. If you opt in, you have all the benefits.

With this you have control. 3% access tax placed on the medicine. Goes into an overall pool. Comes down to municipalities share in 25% based on the number of facilities you allow.

Estimated sales tax revenue.

These figures in his opinion are light. Up to $500 annually to defray costs associated with the licenses. So, 500 per license annually in addition. Each facility brings 75 up to 250 per foot to build out the space. Look at regulating market. These are not fly by nights. People with real business plans.

The people they employ make more than minimum wage. The users are the best tenants around.

In untested market, Traverse City, Flint, Grayling The crime rate goes down around these areas. These are the new traffic drivers.

You have to have advance degrees. And a security plan, disposal plan. Good news is they will be heavily regulated. Plenty of oversight. MMLFA, by opting in you gain the control and regulation.

If you don’t opt in, you get all the other stuff. It is not going anywhere. You have a right to grow it in your home.

We have many model ordinances. Communities are calling us. Folks that want to invest. To continue the growth of Holly.

They have to pass the licensing board. If you have the right things, you don’t have to be wealthy. Encourage you to act now. You are not going to see direction from the State. Looking at security testing and transportation. The State will get into signage. You can’t supersede what the State sets. You have that control. Any local law enforcement can go in unannounced at any time.

Happy to answer any questions. He can tell you how other communities are doing. It is a planning and zoning issue.

Commend you on continuing these conversations.

Nick Klempp.

Holly Area Youth Coalition.

Mr. Klempp said he concentrates on youth. Doesn’t want to start a new business. Not someone coming to complain again. He is a certified prevention specialist. He has been in the prevention field for years. He is not against true medical marijuana use. This is not about people who use occasionally. It boils down to unintended consequences and the question of are we sure that we need more when we already have medical marijuana.

Speak to the fact that we already have medical marijuana law, it already exists. This is not going away. The new acts add to that. Anyone can get a marijuana card. People tell truly sad stories. He understands that. He doesn’t have issue with that. Those people didn’t have trouble getting marijuana for their use. There are places where you can go and get your card on the spot. Communitiies all around us have said no and they have said it doesn’t need to expend.

More commercialized industry. Raw crude marijuana. Components that have already given us things. They are already available.

Not one health professional thinks that smoking marijuana is not harmful.

Can be harmful to people with PTSD.

American psychiatric association. No evidence that it is beneficial for any psychiatric disorder. Further research should be encouraged

No medication approved by the FDA is smoked.

They want more research done and these acts do not do that. Anyone that needs medical marijuana can get it now.

People say that they are finding out that marijuana is not as bad. The speaker from the firm said students in Colorado can stay in and get high. Most college students are not old enough to drink.

The potency has grown 10 to 20 times.

Greater effects on our bodies and mind.

More marijuana in public alters the perception of harm.

Young people see it as less harmful. Numerous studies that have been done. Vulnerable to the use of marijuana. Columbia University study showed an increase in states that passed marijuana laws.

We have young people abusing these things. Add another to the mix. Alcohol is the number one abused. It is the most seen. Acceptable. rite of passage. Influx with prescription drugs and urge people to suggest to their doctors what they should get.

Tobacco use is at an all-time low, but it took 100 years to get to that point. Do we want to try that again with another substance? When it is not commercialized, we can make an impact in our community and our youth.

Great impact on youth because our brains don’t stop developing until we are 25. Most damaging to the youth.

2017 studies, specifically memory and cognition. Linked with mental illness, depression and anxiety. Heart disease. It has more carcinogenic hydrocarbons than tobacco.

Lowering of IQ. Dropping out of school. Lower quality of life.

Columbia University study show that State with marijuana laws have abuse rates twice as high. Long term marijuana use is addictive. Many people who stop have symptoms of withdrawal.

Sounds extreme, but not the marijuana of yesteryear. More effects on our health and our bodies. We need to ask what do we want or community to be like.

We already have medical marijuana. Not going away. Not needed to be smoked or eaten.

People do want to make money off of it. Not truly help those in need. Should not be about the money. Why do we have to give money for law prevention?

Make this about our community.

PUBLIC COMMENT

Ann Cisco, Cannabis Counsel, asked why we would want to opt in to the state system. It is safer. They are going to illegal dispensaries. Under this act, the safety of marijuana is being tested by LARA.

Establish maximum THC levels and ensure safe preparations. We don’t have any of that now. We really do need a system that will provide a safe product to people that need it. You need to look at the source of the information. If it is from the alcohol industry. What is the control group of the study? You should look at high quality research. Marijuana is being used to get people off of opioids. If you are interested, contact our law firm and she can get information out to you.

Teness Tessens, 119 N Corbin.

Presentation attached to minutes.

Ms. Tessens said she is one of the people against bringing marijuana to Holly. Not limited to public safety and social problems.

People will flock here and increase our traffic and our values. Larger cities start small.

Housing prices to decrease. Cash only businesses. Increased crime. This becomes an enforcement issue. No paper trail to determine cash flow.

Marijuana negatively influences concentration, attention and short-term memory.

Doing nothing is not a viable option. Increasing our police is obvious, but very expensive. Would adding in another task for police leave other areas lacking?

Shawn Grugel, 120 N. Corbin, said he has been in the Village for about a week, but in Holly all his life. He said he has been listening to all the presenters. Marijuana is taboo. He is one of the social media guys. When it comes down to it, it is an ongoing debate. It will rage on and on and on. Not hearing the word perception. If you look at the prescription. We have perception of our town, we need to eliminate the taboo and bring in the positive.

Lisa Clark, 602 S Broad, said as a resident, as a local antique dealer, please think very hard about this. She doesn’t want to see a marijuana dispensary in Holly. We have worked hard to make Holly somewhere people want to visit and move. Once we do it, we can’t undo it She doesn’t want it to be a place where you can go to score weed. Please vote against it. We have a lovely place to live and work that is safe. Please keep it that way.

Joe Binno, 15231 N. Holly Road, said he owns the Hydro store here in town. He has expanded 3 times. On average, he has 3 to 6 people working for him. Has seen many things happen. Many people stop in his business asking if we are a dispensary and where to get marijuana. He sends them to Flint. So, they have to go to a crime filled city. Bring these businesses here. It is already brining good business here. 8 or 9 years doing this business. Have very few kids walking in asking what we do. We donate throughout the whole city from our garden. We have a great majority of customers that come there for that purpose. We were voted in here to have a dispensary. Now you are regulated though the state. There is punishment for doing wrong. Have had conversations with police officers. If no one is doing something wrong, we won’t bother them. Bring business, bring jobs and some benefit and some repercussions and chances for things going wrong.

There is now a system in play and we will follow that if it gets passed in Holly.

Gale Carpenter, 127 Park Ave, said he doesn’t know much about this. Couple of things, one is this idea that it’s coming weather you like it or not. Maybe but why do they keep calling it medical marijuana. Why not dispense through pharmacies Any study that is commissioned by the government, he has serious doubts about it. Money is nice, but money doesn’t solve all your problems.

Christine Alvarado, 17088 Fish Lake Road, said she voted for the medical marijuana act. She thought doctors would write a prescription and fill it at a pharmacy. When she found out that cannabis was by growers, they don’t know the concentration. She attended a meeting for the alliance of community coalition for healthy communities who scientifically, look at the ingredients that can help people. She said a Limousine pulled up with 4or 5 people. She was told that is the marijuana delegation, making a presence. Here to let us know they are here to make a lot of money. She is against having dispensaries in Holly. Not enough scientific research. Why dispensaries. Why not going through a pharmacy? Just because it is legal doesn’t make it good for our community. They say marijuana is not a gateway drug but she does not agree. Have you talked to anyone recovering in our community? Ask any person, ask them what they think of marijuana. Ladies and gentleman a drug is a drug is a drug. She concurs with Mr. Klempp. We have to protect our youth.

Jessie Torres, 708 Mary Ann, said he is there to deter the negative stigma. He doesn’t do drugs, he smokes weed. He is a recreational user and medical user. Best friend smoked marijuana all his life and was the valedictorian of Holly High School. His other friend is going for their masters at Grand Valley State. Another recreational pot user. None have touched cocaine or prescription pills.

A lot of people use it responsibly and medicinally. There are 5 different facilities we can have. All of these will bring in the money. There are five different options for us.

It is coming. It will be legal use by 2019. There are 8 or 9 legal states. Canada is legalizing. Ohio and Arizona will also vote to legalize. The wave is coming. Let’s catch it while we can. He drives to Davison. They have 2 going on 3. He has been in dispensaries. The don’t let you in without a card. He is a bartender and he would never serve alcohol to anyone under 21. Easier to get weed when you are in high school. Harder to get booze because it is regulated. Direct youth perspective he smokes weed every day. He is happy to talk about it. Medicinal users it is not healthy to smoke. You can get edibles, lotions or oils.

Susan Papple, 1021 N Holly Road, said she is the Co-director of HAYA for 17 years. She would like to back everything that Nick said. Frustrating to listen to some of the things, like it is just a business or just a planning and zoning issue. It is way more personal than that. She has done drug education. Trying to empower kids to make good decisions. Hard to see the medical marijuana come in, for those who want to use it recreationally, they can. But are we sure that we want this in our community. Is this what is going to convince a family to move to Holly. She raised her children and she has had so much exposure to so many children and she doesn’t want this for our youth in Holly. There are risks. I would hope that we want to be sure that it is how we want our community viewed.

Joe Mishler, 620 Academy, said he was impressed by some of these speakers. Wasn’t sure what to expect. He has some questions, one person said he represents the youth of Holly. That is a bold statement. Represent all of them, or just a few. You could have as many as 100 caregivers, as many as you wanted. What does that mean. You are going to regulate them as we can have 5 caregivers or 5 different types of dispensaries. How are you going to regulate that? He lived through the 60’s and the 70’s. He said he watched a lot of kids get destroyed by drugs. And he watched a lot of soldiers get destroyed by marijuana and other drugs. He could give you a litany of Holly kids that never lived to an old age because of marijuana. The 60’s everyone said marijuana is really cool. We are about to lay another perception on our town. Drug town. I know you disagree with me, but it is the perception. Not how well things are going to be regulated. Real estate, people with tell people. We went through that bad reputation for around 30 or 40 years. Not against medical marijuana but against it in our community. The money is irrelevant. That figure is only going to grow. Imagine the potential. We want a corner of that. Not talking about the business men, he is talking about the other people.

Inaudible, 2114 E Bristol Road, said she doesn’t live here, but she works here. She goes to church here. She agrees with Nick, not just because he is a prevention specialist. He is a father figure to everyone in this community He has passion for the youth in this community.

George Brinko, President of Elite Management, said there are pros and cons. Community members issue is crime and the cash business. Harvest time, they will know the exact weight, so no deception. State of MI has hired 48 more police officers. Most dispensaries hire 24-hour monitoring. Anyone worried about the crime that they bring. We have seen it in Detroit. They clean up blight. Also, we need more studies. But unfortunately, it is illegal to consume, so you can’t research it.

Dean Dunikowski, 119 N Corbin, said no one is against medical marijuana. He grew up in this town. He moved to the big city, he said he is from Holly. He was in band, he was in his community. He did his fair share of partying. The community has worked so hard to make the perception of this town great. We have the Holly Car Show. We have restaurants downtown. We don’t need a dispensary in this town. How about making the old businesses into something? This town doesn’t need it. We are old school values.

Fenton can have it. Grand Blanc can have it We don’t need it in this town. Please really think about this stuff. You are going to lose families. You are going to lose people that want to call this place home.

He said he is the 3rd generation coming through Holly. Really think about this. Think about what you will lose if this comes into play.

George Kullis, 601 E Maple Street, said he thinks this has been a great evening. No one screaming or calling names. He noticed if it is medical marijuana, why not come through CVS. They are already dispensaries. He said that David Scott, the supervisor of Commerce said the previous supervisor let them in Commerce. He can stand here and tell you what is. He couldn’t come here tonight. Maybe on another night than Tuesday. Actual experience. The money that would come flowing in, remember when they sold us the lottery and how much money would go to our schools. The promise of money may never get here. We are small town.

John Lauve, 200 N Saginaw, said we are carving a place for Holly on the map. 3-dollar stores. 3 auto parts stores. Bike lanes. What is the flavor of the town. They have them in Flint. People break into the building. They have to fight off the people that come after hours. Bringing a problem so our lawyer can go to court more often.

Chief Story said he is before you to offer up a little information. He would hope that this Council weighs this very carefully. He has been amazing data. There are some inevitabilities. Colorado as an example. Crime data shows high crime areas in certain cities and certain areas. Color shaded in, when you go to the communities, you can lay them over areas with dispensaries and it is the exact cover in almost every instance. It does cause a great deal of crime.

Down to $8.00 in Washington. Creating a black market. Pile in and get 10 or 15 dispensaries. How many people in the Village have cards.

It is a continual thing. 1 person, 3 joints a day for everyone that has a card. Communities around us say no In the state of Colorado, started out with medical marijuana, then went to recreational. When that happened, the only people that got licenses for recreational were the ones already doing it. But the amount of licensing didn’t change. This current law is to put the infrastructure in so we can pass it in 2018.

Denver PD stats show they get 340 incidents that they report Burglary and armed robbery.

He doesn’t see a windfall. And he doesn’t see where we will get bang for our buck.

Sandra Klevin, 1011 Hubble, said everyone is shaking their heads, every time someone brings up a research, we can all get a report that says what we want to hear.

Katy Hughes, 8965 Buckhorn Lake Road, said she is speaking as a private citizen, not DDA Director. She said many people have said perception. A quaint, charming, historic downtown. We want to attract people to Holly. People who invest here, want to build homes here. They pay in and our bond debt will go down faster The perception is something that we cultivate. They come here to enjoy our parks. This up north feeling If we are opting in, if we allow the marijuana industry to infiltrate, it will change their opinion about us. Don’t eliminate all the progress we have made for the Village of Holly. Not the time to do this. We argue about bike lanes and trash cans. We should be so lucky that is what we argue about. Let’s keep it this way. When you do vote, I would hope that you will remember that you were elected to represent all of us and do what is best for the whole community, personal feelings aside.

REPORTS:

Village Manager

Manager Walker said the fireworks were last week and they were fantastic again without incident. He said he is really proud of the community. They supported the fireworks. We are in the black, which is quite a feat.

He is looking forward to many upcoming events.

He said Officer Pulling resigned. Chief Story has promoted Officer Livingston from part time to a full-time position. The department will look for a replacement for the part time position.

Village Attorney

Mr. Gildner said he is taking deposition of Eric Bean on the 21st of this month. He is either the attorney for Mr. Silverman or a partner to Mr. Silverman.

Village Clerk/Treasurer

Noting to add to my written report. Just trying to tie up the year end stuff and begin the audit prep work.

Boards and Commissions

HAYA and Historic – Councilor Shiel said Historic no meeting since last one. HYAA, they have the HAS health and enrollment fair coming up.

Parks – Councilor Rankins said they had a meeting and discussed a 5k or a fun run on the zombie night. Oct 14th. Last Thursday was the second music in the park. It was a good turnout.

Zoning Board of Appeals - Councilor Allsop said no meetings. The car show had 268 cars.

Planning – Councilor Cruickshank said no meeting.

Community Center – Councilor Heiple said classes are increasing. 4700 people in June. Possible weekend classes. Model remote airplane club. Veterans center had 20 people in one day.

Finance/Personnel – President Pro-tem Musgrave said nothing to report.

DDA – President Perkins said consider 5013C. Also, the resignation of Ms. Seeley. They considered Mr. Kullis to fill vacancy.

met and they looked over the footprint of the historic district.

COUNCIL COMMENTS

Councilor Shiel attended the fireworks and said it was great to see a lot of people attending.

Councilor Allsop said he would like to make a motion to get rid of the medial marijuana and just quite talking about it.

Manager Walker said if they do nothing, your motion would die and they can act on it at another meeting.

Councilor Cruickshank said there is about 200 municipalities. There are 24416 current patients in Oakland County. He said Pinconning Township approved 25 grow facilities and 10 dispensaries. Just from the $5,000 application fees, they will get $30,000. Potential of $600,000. Other municipalities that have adopted this ordinance is Webberville, Clark, Kalkaska and many more. Why shouldn’t we give it to the big drug companies. He would rather keep it local. Veterans are looking into ecstasy. Drug cartels are feeling the results of those states that have made it legal. He has letters from residents. 10 people in town that you don’t think smoke recreationally or medically. One person crashed his dirt bike, broke his back and small chance of walking again. Can feel down to his toes. He has muscle spasms. After taking Cannabis capsules, it took him a week to get off the prescription drugs. Medical marijuana has changed my life.

Never should have been illegal in the first place. If someone feels better, go ahead. Free to grow it just like corn.

4-year medical marijuana patient. He uses it successfully. Increasingly difficult he would prefer to have closer options. The money that he spends, he can’t go to someone local. He can’t use other pain control.

Councilor Heiple said the overwhelming message is it is about our community, not money. She said she kept a running tally. 11 against it and 2 for it. Data sources are confusing and we should go with what the community is saying.

Manager Walker said we are requesting to enter into Closed Session to discuss attorney client privilege. Council, Mr. Gildner, Ms. bigger and myself.

PUBLIC COMMENT

None.

#2 Consideration of Entering into Closed Session to Discuss Attorney/Client Privilege Opinion Letter.

CM 2017-073 Motion by Musgrave, second by Shiel to Enter into Closed Session to Discuss Attorney/Client Privilege Opinion Letter.

Roll call vote was as follows:

Voting for: Allsop, Cruikshank, Heiple, Shiel, Musgrave, Rankin, Perkins.

Voting against: None.

Absent: None.

Motion carried.

Enter Open Session

CM 2017-075 Motion by Cruickshank, second by Musgrave to Authorize the Village Attorney to Conduct an Investigation into Personnel Matters Discussed in Closed Session.

Motion carried by a voice vote of all ayes and no nays.

Manager Walker said in relation to the Study Session, do we want another public hearing or an item on the next Council agenda.

Councilor Cruickshank said everyone seems to want to do more research. He said it would make sense to have it on another night.

Discussion of date for Public Hearing.

Manager Walker said it will be on August 22nd at 7:00 pm.

ADJOURNMENT:

With nothing further to discuss, President Perkins adjourned the meeting at 9:58 PM.

Jim Perkins, Village President

Deborah J. Bigger, Clerk/Treasurer

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