Snowflake Council approves permits for medical marijuana grow facilities

A meeting of the Snowflake Planning and Zoning Commission followed, with the commission recommending denial of the special use permits in 5-0 votes.

Mayor Tom Poscharsky told the packed room at Taylor-Snowflake Fire & Medical Station 2 that they could have three speakers in favor of the facility and three opposing the facility.

“I feel very strongly about this issue,” said Roger Morgan. “My family has been hurt very badly by drugs.” He noted that he was dead set against drugs and felt there should be a referendum and let the public decide the question.

“I believe the people in Snowflake, the people in Navajo County, may not realize the unintended consequences…,” said Patricia Lackey, including what would happen if recreational marijuana is approved by the voters. She requested this be tabled until after the vote in November.

Tony Tangalos of Taylor spoke during call to the public, stating that there is another party interested in expanding his greenhouse operations and actively looking for a larger facility. He spoke against the marijuana facility during the council meeting, commenting that if the town was as dedicated to the greenhouse as it was to keeping the railroad, it could be turned into such things as apartments, condominiums and greenhouse businesses. “Take some time to make this decision,” he continued. “Once you make this decision, it’s going to be hard to turn it back.”

“To me this is about jobs for the community,” said Jeremy Steckley who worked at the greenhouse for both Eurofresh and NatureSweet. He said that he had seen the figures, and the previous companies lost millions. “The way they would make money would be with cheap labor, and that does not benefit our community at all.”

Lendon Whetton said the facility is fairly secure, noting that he worked for a time at Eurofresh. He said there were three questions to ask, if it is morally correct, does it provide jobs and can we afford it. He reminded everyone that in the last few years we have lost two major industries. He said that Navajo County is the leader in methamphetamine use. He said the need for jobs should be an issue, noting that Copperstate Farms owner Fife Symington IV knows what he is doing. “I can pretty much guarantee you this would be a benefit to the community, not a detriment,” he said.

“I would like to let you know that I think this needs to be approved for economic reasons, for the growth of the town,” said Barbara Hanson, explaining that she is aware of the struggles in finding a job in the community. “I believe it’s a medical benefit,” she continued, noting that she has family and friends who have used marijuana to improve their health. She said she didn’t picture the facility as others have described it with rolled marijuana joints being thrown out of it. “It’s local jobs and it’s something being exported out of town,” she said.

Presentations were made by each applicant. Jeff Quinn spoke for Mountain Time Management, and Adam Baugh represented Copperstate Farms, LLC, with brief comments made by Symington.

Mountain Time Management is the grow facility arm of Kompo Care, which is the sales business in Taylor, explained Quinn. The firm has had a dispensary in Taylor for two years, and a year prior to coming to Taylor, was in Navajo County near the sawmill on State Route 277, though many people did not realize it. “That speaks volumes for itself in that it didn’t have problems,” he said. MTM has purchased the old pig farm north of Snowflake, which was very run down, and has worked hard to fix it up.

“We have always been the dispensary in the county,” said Quinn. “In this industry, if you aren’t going to produce your own product, you’re not going to make any money.”

“It’s a matter of implementing the current code that you have on your books today,” said Baugh explaining that the 80 acres of land Copperstate has in the industrial park far exceeds the required 1,000’ from schools, parks, churches and cemeteries, and the 500’ required from a residential area. “This is exactly what the code says,” he explained, then turned the remaining minute and a half over to Symington to comment.

Previously a man standing yelled loudly against the facility and when the time was turned over to Symington, a woman in the audience yelled that they didn’t want to hear from him.

Mayor Poscharsky asked her to stop and when she continued, he said that if she didn’t stop yelling, she would be escorted out by a police officer.

Symington, who has 20 years experience in the greenhouse business, explained that when he started growing greenhouse tomatoes, they sold for $20 a box. Now during the high season they are selling for $10 a box. He noted that Eurofresh had two rounds of bankruptcy and NatureSweet was unable to maintain a good profit margin. “I can tell you that they are very good operators, one of the best greenhouse companies in North America,” said Symington of NatureSweet.

He pointed out that the greenhouse is a perfect place to grow medical marijuana. “We can create a lot of long lasting, good paying jobs,” said Symington. He made a pledge that they will be good citizens, they will foster a good working environment and they will give back to the community.

Mayor Poscharsky moved to approve a special use permit for Mountain Time Management, and Terrel Kay seconded the motion. He then called for comments from councilors.

“I want you to know I’ve done my due diligence,” said Kay, noting that he understood the citizens of Snowflake and what their needs are, acknowledging that they are somewhat divided over this.

“I want you to know the thoughts that I share with you today are what brought me to decide how I vote…,” he said, and that he had communicated with many people.

“I look at legalities,” said Kay, explaining that in 2010 Arizonans voted to legalize medical marijuana, and in 2011 or 2012, the town council voted to approve an ordinance to allow this type of facility to locate here. He also explained that if the town approved a grow facility in the industrial park, “it closes down roughly 25 miles for anyone with a medical marijuana card to grow.”

He noted that the two companies have followed the letter of the law, and said he felt that it was the council’s fault that the planning and zoning commission voted as it did, because the commissioners should have been educated on the law and looked at it.

“I look at the proposal on the table today and they are providing jobs,” said Kay, noting they were $15 an hour jobs with benefits. This will give the town good working capital, which will encourage other businesses to come here, he explained.

“We don’t believe in recreational marijuana,” he said, noting that people need to tell their politicians how they look at them and how they expect their vote to go. He also said that people have the right to have a choice of what medication they are going to use.

He further said he felt that having a medical marijuana grow facility could be a good thing, because it will give parents the opportunity to talk to their kids about drugs. He pointed out that Navajo and Apache counties are two of the poorest, yet the sale of hard core drugs is thriving here. He complimented the town, the police department and the schools for their support of the Drug Abuse Resistance Education (DARE) program that teaches kids at an early age to say no to drugs.

“I vote yes, completely and full heartedly,” Kay concluded.

Councilman Cory Johnson thanked Kay for his comments and said he didn’t want to reiterate what had been said. He said he was surprised by the large volume of calls he received on this issue, and more surprised that there were no calls against it, noting, “We already have a dispensary, we already have a grow facility.”

Johnson said he was raised to be against drugs, to be against marijuana in particular. He suggested that everyone look into a nonprofit organization, Harvesting Help, which helps children with epileptic seizures.

“Every once in a while you have issues where you have to take a stand,” said Councilman Byron Lewis, noting that he must support the Constitutions of the United States and Arizona. He read part of the oath he took to become a councilman that states he will uphold the Constitution. He pointed out that marijuana may be legal in Arizona, but it is not legal federally. He said that the American Medical Association has recommended caution and a study, and medical marijuana is not approved by the U.S. Food and Drug Administration.

Lewis said that he had wanted to make a recommendation in the form of a motion to turn the decision over to the public in a referendum, but the motion to approve was made first.

Councilman Stuart Hensley said that every decision placed before the council is studied, talked about and prayed over. He recalled that eight years ago, “Holbrook and then Snowflake turned down a high tech, state-of-the-art meat processing facility because a handful of concerned citizens claimed that it would smell.

“The citizens of Snowflake have charged this council with finding new business. We can no longer cherry pick what or who can come into our area,” he continued, noting that the paper mill closed and US Insulation will close, as well the fact that Arizona Public Service Co. is closing three of the four units at Cholla Power Plant, and the Salt River Project and Tucson Electric Power will soon follow suit at their facilities.

Because a lot had been said about the area’s pioneers and family, Hensley researched how the LDS community thrives in Las Vegas. He referred to an article by M. Russell Ballard in October 2001 that stated, “Our pioneer ancestors were driven from place to place by uninformed and intolerant neighbors. They experienced extraordinary hardship and persecution because they thought, acted and believed differently from others. If our history teaches us nothing else, it should teach us to respect the rights of all people to peacefully coexist with one another.”

He said he voted no on Prop 203 and is not for recreational marijuana, but he is for jobs, and the Arizona voters approved medical marijuana in 2010.

“The two companies that want to open here have fulfilled above and beyond the requirements and the law set forth by the state and our town code,” he said noting, the town had negotiated a unique contract where they will pay a fee and the town has stipulated that they cannot open a dispensary in Snowflake.

“These companies are in business to make money, just like all of your businesses. They have pledged to be great social and economic partners for the town. They want to live here,” he said. “They have each worked hard to clean up the facilities, and there is a potential impact for the town of $5 million a year in reoccurring revenue.”

Hensley said he felt that the town has a great future if citizens are open minded and look for opportunities placed before them.

“We have an obligation to show newcomers our customs and traditions, and to educate them on our pioneering heritage,” he said, then stated that he would vote yes.

“I know this is controversial,” said Mayor Poscharsky, acknowledging that it has been tough on all council members as he thanked them for their participation. “If the town doesn’t grow then it’s going to blow away. We need to have more jobs.

“The company has been very professional when approaching the town, they have been very professional throughout the process,” said the mayor. “We have to be open to all comers as far as I’m concerned. I vote yes.”

Lowry Flake then interrupted the meeting to ask if each council member had received a copy of the letter regarding anticipated litigation by him and his wife Maylene, along with Sylvia Allen and Bob Thorp. The mayor assured him that they all received it.

Councilman Lynn Johnson said that he thought a lot about this. He talked to more than 100 people, including ecclesiastical from different religions, lawyers, police and common people, including people from out of state, and the majority would vote for this, Johnson said.

He said he is not for a referendum; council members were elected to office to make those decisions. He talked about how in the past people were opposed to putting in curb and gutter, the wastewater treatment plant, consolidation and other things.

Johnson noted that he talked to “a very wise man,” who said that God gave us the plants to help people, and that the abuse of the plant or any other substance is up to the individual. He said that for every piece of research that says marijuana is a gateway drug, there is one that says it’s not. He further noted that the dispensary in Taylor has not brought undue crime to that area.

Johnson said he didn’t feel that there was enough data or time passed to make a decision on the effects of marijuana, and that research depends on what data is used.

“I believe that we’re a little premature, so I would prefer to hold off for a period of time until we do a little more research on it,” he said, voting no.

Vice Mayor Kerry Ballard talked about how those requesting the special use permits for the grow facilities had been very professional, stating, “I’ve felt the same way since it started.” He did acknowledge that the town needed more jobs, but said the calls he received urged him to vote no and he was voting no.

The mayor called for a vote to approve the special use permit for Mountain Time Management. It passed with a 4-3 vote.

The mayor then moved to approve the medical marijuana cultivation facility agreement with Mountain Time Management, which passed 4-3.

The mayor moved to approve the special use permit for Copperstate Farms, LLC., which passed 4-3.

The mayor also moved to approve the medical marijuana cultivation facility agreement with Copperstate Farms, LLC, which passed 4-3.

Voting yes on all four motions were Mayor Poscharsky, Hensley, Cory Johnson and Kay. No votes were cast by Ballard, Lynn Johnson and Lewis.