THREE OAKS TO ACCEPT BIDS FOR MARIJUANA BUSINESSES IN THE VILLAGE

By DEBRA HAIGHT
BCR Correspondent

THREE OAKS – The Three Oaks Village Council has set the time period when they will accept bids for marijuana businesses in the village.
Parties interested in opening a grow, processing or provisioning business there can apply for a 10 day period in July.

Village residents voted last November to allow a limited number of marijuana businesses to operate in the village. Village officials have worked since then to decide the specifics of what they want to see open plus the process to guide their decision making.

At last week’s meeting held virtually via Zoom, council members agreed to accept applications between July 19 and July 29. Village Manager Dan Faulkner said this time period was selected because it will take time

before that for prospective businesses to get the special land use approvals they need to have before applying.

“We don’t have anyone approved yet, the first one is at least 30 days out,” he said. “Our planner thought this was a good time frame and allow individuals to go through the process and be able to apply.”

“Part of the process is to have special land use permits approved by the planning commission,” he added. “That’s a lengthy process with applications and hearings.”

The marijuana ordinance approved by the council last fall regulates both medical and adult use marijuana facilities in the village and spells out the number of such businesses allowed to operate in the village and where they can be located.

Under the ordinance, the village will allow one marijuana retailer, one marijuana microbusiness, two marijuana growers, two marijuana processors, one marijuana safety compliance facility and one marijuana secure transporter. Businesses applying for a municipal license to operate will pay a non refundable $5,000 application fee.

The ordinance also doesn’t prohibit recreational marijuana growers, processors or retailers from operating at a location shared with a medical marijuana grower, processor or retailer.

Faulkner and other village officials outlined the process that will unfold prior to the July bidding period. The special land use permit process requires a review of submitted documents by village staff as well as notification of nearby property owners. Planning commissioners will then hold public hearings before reviewing requests and making a decision.

Once applications are received during the July bidding period, the ordinance requires the village clerk to examine the application within 14 days to determine whether the application is complete. If deficiencies are found, applicants will be given the chance to correct deficiencies.

Village council members will then follow a set of predetermined eight criteria set down in the marijuana ordinance to decide which applications are best suited to operate in the village and will be accepted. Criteria include an applicant’s finances, commitment to the village, experience in operating a marijuana business and impact on public services.

Applications accepted will result in businesses getting a conditional license to operate that is contingent on businesses getting a state operating license. The village license will be for one year and is subject to renewal and revocation regulations.

One council member said she wanted the village’s approach to be a balanced one. “I totally want to respect that there’s a lot of work involved, but I want us to be a business friendly village and not keep people waiting too long,” Council member Colleen Newquist said. “I want to find the balance of what makes sense for the staff and the businesses.”

Fellow Council member Steve Graziano said he felt the village was moving at a good pace in getting marijuana businesses up and running. “Look at the state of Michigan, it took them a year and a half before any stores opened up, we’re a little ahead of schedule,” he said. “We just approved it in November.”

Three Oaks joins other municipalities allowing adult use recreational marijuana businesses in Berrien County. Businesses are already up and running in Niles and Buchanan and are getting ready to open in other localities such as Benton Harbor and Eau Claire. At least one municipality, Galien Township, has only approved medical marijuana businesses.

Earlier this month, the Michigan Department of Treasury announced the distribution of nearly $10 million from adult use marijuana revenue to more than 100 municipalities and counties in the state. Municipalities and counties received payments from the Marihuana Regulation Fund for every licensed retail store and microbusiness within their jurisdictions.

The report indicated that Berrien County received $140,000 for revenue collected in the 2020 fiscal year with the municipalities of Buchanan and Niles receiving $84,000 and $56,000 respectively.

In other action at last week’s village council meeting, members approved the conditional rezoning of a property on West Ash Street in the village from residential to commercial. West Ash is the street name for U.S. 12 in the village.

Most council members voted for the conditional rezoning, noting that the property on the site had always been used for commercial purposes even though it could technically be considered “spot zoning”. The current situation arose after the property was vacant for a number of years which led to the zoning reverting back to the original residential designation.

Council members also approved installing electric vehicle charting stations in the Downtown Development District on Oak Street. Faulkner said organizers are excited to get it up and running this spring.

The village has a new police chief after council action. Sgt. Carl Krause is the new police chief after council action. Village President Richard Smith said Krause was the only candidate to apply and was interviewed by a committee that included Berrien County Sheriff Paul Bailey.

Krause has been a member of the Three Oaks police force since 2005 and will take over his new duties after a background check. Krause attended the meeting virtually and said he looked forward to working with the council and being transparent.

Action was tabled on adopting a new anti-discrimination ordinance. Council member Joe Hinman said the proposed ordinance is similar to ones adopted in Buchanan and St. Joseph within the last few years. “It’s the right step for the community to protect the individuals who live, work and visit here,” he said. “It’s also a positive for the community.”

The village’s next meetings are April 6 at 7 p.m. when the planning commission will meet and April 14 at 7 p.m. when the council will meet.