Jobs are a big concern for Snowflake, but values and keeping the pioneer tradition won out in a 5-0 vote by the Planning and Zoning Commission’s decision not to recommend issuance of special use permits to Copperstate Farms and Mountain Time Management to operate medical marijuana grow facilities.
Since Copperstate officials announced May 19 that they were purchasing the tomato farm to convert to a medical marijuana grow facility, they have worked to be transparent. To answer any questions, the town of Snowflake held a public forum question and answer prior to the commission session June 21 that drew approximately 100 citizens, many of them with their minds made up to stop the two firms from coming into the community.
Copperstate Farms, LLC and Mountain Time Management were requesting the permit, which is the third condition of legal requirements. The first two requirements were to be more than 1,000’ from schools, churches, parks and so forth; the second was to be more than 500’ from a residential area.
Mayor Tom Poscharsky opened the public meeting promptly at 6 p.m. so that the scheduled commission meeting could begin on time.
Brief background information was given by officials from each facility and then the remaining time was given to questions.
Copperstate officials said they will have 136 jobs that pay $15 an hour plus full benefits, and they have an agreement with the town that the first year they will pay $50,000. If the acreage used to grow marijuana increases, so will the amount. The same agreement applies to Mountain Time Management.
“We don’t want your jobs or your dirty money!” yelled a member of the audience, and many in the audience replied by applauding and cheering.
“This is a family oriented community, and we don’t want your marijuana here,” said another.
Mayor Poscharsky asked that people be respectful and show what a great community this is.
Roger Morgan, who served previously on the town council, said regarding Eurofresh, which brought the first tomato farm to Snowflake, “We were promised the world, and got the shaft.” He asked if they had anything to back up the number of jobs they had predicted.
Adam Baugh, attorney for Copperstate who had given the background information, explained that an economic analysis came up with the numbers, and owner Fife Symington IV said that the number of employees per acre is standard for the industry.
People expressed concern that because of the size of the facility and the fact they are only beginning with five acres of product, perhaps they were waiting for the recreational marijuana initiative to pass, bringing in a lot of “riff raff.”
“My purchase of this facility is not predicated on the recreational marijuana,” Symington replied, noting they were not there to talk about the initiative.
Symington explained that the initiative for medical marijuana mandates that a cultivation site cannot become a retail site.
Dan Yutzy of Mountain Time Management added that the law does not allow loitering, noting, “This is the first program that actually does it right in terms of not allowing so many dispensaries.”
During the background presentation, representatives of both facilities talked about security.
“I can tell you there is no such thing as absolute security,” said Jerry Petersen, who worked security for a prison for 22 years. “How can we be sure that this product does not make it to the streets? How can you be so sure when there’s no such thing as an airtight facility?”
Concern was also expressed about the odor.
Symington explained that there is a four-week period when the product emits a strong smell, but during that period they will have a sector of the greenhouse that is filtered. “Odor mitigation technology has come a long way,” he added.
Robin Ressner expressed concern about prescriptions being written “for people that lose all interest in life for doing anything…They don’t have medical problems, they have personal problems.”
“Marijuana is still federally against the law,” stated State Senator Sylvia Allen, a Snowflake Republican. “If you built this facility, know that the federal government can come in and shut you down.” She went on to discuss her feelings on the state standing up to the federal government.
Mayor Poscharsky explained that this was an informational meeting discussing the marijuana grow facilities; they were not addressing state issues, and time was short.
The meeting had been going for approximately 30 minutes when, during Allen’s comments, it was announced that due to the large crowd they were moving the meeting to the Snowflake fire station.
The meeting reconvened at 6:50 p.m. and the mayor announced that citizens who would prefer talking one-on-one to representatives of the facilities while the commission meeting began could meet at the bays. Anyone interested in staying for the commission meeting was welcome. All those present stayed for the meeting.
“Just because something is legal doesn’t make it right,” concluded Allen, noting that as a community they have the right to a certain level of tradition and culture that makes Snowflake the city that it is. She said there was nothing in the law to stop them from dispensing, stating, “I want to make sure that it’s not going to turn into that.”
Mayor Poscharsky explained that the contract states the firms will not establish a dispensary in Snowflake or Taylor for the length of the agreement, which is 10 years, plus two 10 year extensions.
“If this community doesn’t try to get more jobs and utilize the railroad we’re going to lose…,” said the mayor. “We need to keep good jobs. If you ask me, I think the community needs the jobs; it’s legal.”
Commission Chairman Reid Stinnett called the meeting to order and introduced commission members Russell Smith, Michael Lunt, Jeff Greer and Roger McDowell.
Baugh made the presentation he had previously made, noting, “This is exactly what citizen involvement should be, regardless of your feelings for or against. I appreciate your comments.” He explained what they were doing with the empty facility that has no benefit and is deteriorating, noting that this team has cleaned up the sight.
“This is a zoning matter, and as a zoning matter it is very clear what the criteria are,” he said noting that when voters approved medical marijuana in 2010 the state adopted laws, and the towns were compelled to adopt reasonable zoning regulations.
Baugh explained the three requirements were that a marijuana grow facility be located in light industrial or agricultural zoning, and this property is; it must satisfy criteria and be 1,000’ from churches, schools, parks, and this location exceeds that distance; it must be at least 500’ from a residential area; and they must have a special use permit from the town. They have followed the law and are in complete compliance.
He explained that in order to receive a permit, it must not put any burden on the public facilities. “We would submit to you that we generate less public safety, fire calls, water, less demand and less traffic, because this is only a cultivation facility, not a retail outlet. We will stipulate that,” he said, noting that they had signed an agreement to that effect.
Jeff Quinn spoke for Mountain Time Management, a grow facility arm of Kompo Care, which has been in the area since 2013. It owns the distribution facility in Taylor, but must purchase the product elsewhere. The firm has purchased the old pig farm on Highway 77, and has already done a lot to clean up the area. He said they are bound by the same state regulations and go above and beyond those, especially regarding security.
Stinnett asked for a few to speak for and a few against the issuance of the permits to speak for no more than three minutes.
Opposing was Sharon Lau, who said she felt the marijuana facilities were taking advantage of small towns, and that people needed to get greed out of their hearts. She said that marijuana is not the answer, that getting back to God and quitting being so greedy is.
Robin Straddling, a high school and junior high guidance counselor, said she had seen the divesting affect of marijuana use, not just smoking, but oils and food made from it. She said she felt that with it close, marijuana would be more readily available to the kids.
Wayne Moffat commented on what has happened in Trinidad, Colo., and referred to a report that said the town had seen no benefit.
Theresa Bekowski said that this is the appropriate place for this; that there aren’t enough jobs in town to bring kids back. She said she felt it was up to parents to teach their children.
Dale Lewis suggested they have an environmental impact statement, because the community is concerned about smell and impact, and the town should look into requiring a healthy bond so when these people go out of business or bankrupt, or it becomes federally illegal, the bond would cover clean up.
Jason Bonn was the realtor handling the property sale to Mountain Time Management. He said the firm has done a lot to clean up the property and that from his experience as a contractor, they are 100 percent honest.
Brenda Laughlin spoke of how she takes her daughter to Kompo Care and can’t go in because she doesn’t have a card. “It stops her excruciating pain,” she said. “Please, please open your minds. Don’t persecute those who are truly ill, shut down the doctors who are giving prescriptions for cards to people that are not sick.”
Doug Nichols, M.D., who was raised in the area, said that he is certified for medical cannabis and has seen what it can do for people for good, noting he wasn’t a proponent of abusing it. He said he felt that because of the permit, the town would have more control over the facility. “It’s a lot safer than a lot of prescription medication,” he continued, noting that while he felt marijuana should be regulated, it was something that could benefit the community.
Roger Morgan suggested the commission get legal advice prior to making a decision.
“According to what their lawyer said, you don’t have any choice, that’s what it seems to me, according to the code,” said Dean Eaton. “If you don’t have a choice, we’re wasting our time. If you have a choice, I would like to know.”
Stinnett explained that at that point in the meeting he could not answer that, but at the appropriate time he explained that they do have a choice.
It was noted following the meeting that if one of the companies took the decision not to issue a permit to court, it would most likely win because the firms were in compliance with the law. If this were to go to court, it would carry a large cost for the town.
Stinnett asked for comments from the commissioners.
Smith referred to the comments that they did not have a choice, noting he was on the commission, but he was a citizen first. “I respect the legal profession,” he said, noting how meticulous Baugh was in his research. “However, when somebody tells me that I’m compelled to obey the established regulations and law…” He noted that Baugh said that they have met all the requirements, and asked, “Did they look at the hearts and minds of the citizens that it affects?” He went on recall what regulations have done to loggers, sawmills and so forth.
“I think there are decisions that must be made by the people who are affected most, and that’s the citizens…, Smith concluded, stating that he felt this should be on a public referendum.
“I think this is a two-edged sword,” said Lunt. “We’re getting less young people because we have no industry,” noting that this is America, they are out to make a product which can be a good product or it can be abused, and that he had mixed emotions on the decision.
Greer said he also had mixed feelings. “I know that it can help a lot of people,” he said, agreeing with the woman who said how we raise our children is the important factor. “I think we can only steer our children in the right direction, and they have to make the decisions.”
“There’s going be a lot of bad things come into our town, and it’s how we direct our families and how we live our lives,” said Greer.
McDowell spent 27 years working in the community where he has seen a lot of abuse, in many different forms. “Certainly there’s no guarantee in how we raise our children that everything will turn out hunky dory,” he said, noting he had been on a tour of the store and felt it was very well run. “They’re following the rules and doing what they have been contracted to do. My feeling is we need to do marijuana research.”
“My personal feeling is I like our community the way it was set up. We use the same ethics and work ethic especially that the pioneers brought here. That’s our heritage,” McDowell concluded.
“You bet, I have a choice,” said Stinnett responding to Eaton. “There’s nothing that tells any one of us up here that we have to approve anything. We’re citizens and so we do have a choice.” Stinnett then called for a vote.
McDowell motioned not to recommend approval for either request for a special use permit. The motion was approved unanimously.
Stinnett said that the town council is scheduled to make the final decision on the permits on Tuesday, June 28.
