Snowflake Town Council reaffirms votes on marijuana grow facilities

The Snowflake Town Council held a special meeting the following evening, but council members stuck with their previous votes so the request was approved in a 4-3 vote. Mayor Tom Poscharsky, and Councilmen Stuart Hensley, Cory Johnson and Terrill Kay voted to approve the special use permits, while Vice Mayor Kerry Ballard, and Councilmen Lynn Johnson and Byron Lewis opposed the motion.

Commissioner McDowell questioned the term “surrounding neighborhood,” and asked if it referred to more than the industrial park. He also questioned what character referred to, stating, “Obviously it’s a pretty nebulous area.”

“Using the criteria, my best tool is to look back historically,” said Planning and Zoning Administrator Dale Call. He explained that the facility had been used to grow plants and he had not received any complaints as far as traffic, but he did have some complaints regarding plastic bags and trash. “The facility itself has not had any impact on the neighborhood historically,” said Call.

Commissioner Greer noted that a member of the community asked about the setbacks for this facility regarding being within 500’ of any residential property and noted that there is a trailer house out there.

“I’m aware of that,” said Call, adding that the zoning is industrial. “There is no residential zoning property in that area.”

Greg Lunt said the trailer did not meet the 500’ requirements, and because Navajo County taxes it at the mobile home rate it would qualify as residential. “Perhaps a judge should decide if that is residential or light industrial zone,” he said.

Both the commission and the council gave anyone interested in making a statement three minutes to do so.

“I do not believe it’s possible to control medical marijuana,” said Jody Peterson. She explained that she is a retired teacher and has seen the effects on the children from mothers on drugs, how it is easy for children to get their hands on marijuana candy if it’s in the home, and said, “In my personal life it is a gateway drug,” referring to her brother, who started with alcohol, then marijuana and then heroin, and died at the age of 35.

“I believe that bias and subjectivity is what necessitates this council tonight,” said Trevor Rollins. “Don’t take the subjectivity out of it.” He said he had done a lot of research on Copperstate principal Fife Symington IV and felt he was capable of running a good business. “But if we don’t like what is being sold, we don’t have to buy it,” said Rollins, who had explored the effects the facility would have. He talked about the number of marijuana cultivation facilities and that the number of sales facilities is not much greater than the cultivation facilities. He said he felt there is not a demand for what they will be growing, but it looks like recreational marijuana will be on the ballot and if approved, Copperstate Farms will improve its facility for recreational marijuana. “This will make us known as the Mormons who make pot,” he said, and he encouraged the commission to explore all the facts. He thanked Symington for being so civil, adding, “He’s certainly welcome in our town.”

Corrine Rollins expressed concern at the commission meeting, especially if recreational marijuana passes, and said she felt the council should wait to make a decision. She felt there was no way to stop employees from smuggling marijuana out of the facility, and felt the smell would be an issue. “My worry is that kids will be sensitized to this drug,” she said.

Dean Porter spoke at both meetings, and said he felt that $15 an hour jobs are a part-time, beginning job, noting, “No family can live on this.” He felt employees would have to be supported by food stamps. “If that pot plant was here when we were looking at temples, the temple would not have been in Snowflake,” said Porter. “We have a heritage here.”

Porter also said that he thought this should be decided by a vote of the people and asked Town Attorney Robert Hall if that was possible.

“It’s impossible here; it is incumbent on the state,” Hall replied.

Lance Bigers disagreed with Porter, stating, “Those are good jobs; I think it’s a good thing.”

During the council meeting Mike Lackey said he was getting irritated hearing about the LDS people and the founding fathers, explaining that this community is made up of Catholics, Baptists and LDS members. “We’re all different denominations and want our children to be in the community without having the pot farm,” he said. He reminded council members that the people voted for them and they were not here for themselves. He encouraged them to take it to a vote of the people, because it would fail. “Think about what it is for the people,” he said.

At the council meeting Porter explained that the $15 an hour job would pay $28,800 annually, and he had deducted payroll taxes, food tax and gas tax, but before he had time to complete his comments, his three minutes were up. He argued briefly with Mayor Poscharsky that he hadn’t used his time, then gave a copy of his comments to Town Clerk Barbara Flake.

“You can buy anything with money,” said Mary Law, noting that if this was approved Snowflake would be a patsy. “Do we want to risk selling our children and grandchildren’s souls for money and a mess of pottage?”

“My complaint is not medical marijuana nor is it economic use. This is a moral issue,” said Paul Lowell, noting that marijuana has a great potential for addiction. “I’m adamantly opposed to it and I think we need to stand on moral ground.”

Dave Haws thanked the council members who had the “guts and gumption to stand up and do what’s best for the community to bring economic development here. This is no different and this needs to be treated no differently than what was grown there before. This is a plant, an herb that was put here on this earth by the Lord when he created it; it’s no different than any other plant. It’s no different than liquor,” said Haws, noting you can make liquor out of grain, but it doesn’t make grain bad. “This is hemp. It has many capabilities. For this case it is not for recreational use.”

“I’m disappointed to see some of the Planning and Zoning Commission do not get it,” said Barbara Hansen to council members. She attended both meetings and said she felt it was not up to commissioners to interject subjectivity. She asked why there is no outrage regarding the existing dispensary, and noted that drugs in parents’ medicine cabinets are more addictive than marijuana. She also challenged Porter to go to any store front and see what their pay rate is. “Marijuana has potential to provide great medical benefits and needs to be developed for all the benefit that it holds,” she said.

JoAnn Guderian spoke at both meetings about the financial struggle she and her husband have had, even though they both work seven days a week and she works two jobs. “I welcome anything that is going to assist the economy of this town,” she said. She has been heavily involved in the Snowflake/Taylor Chamber of Commerce and the Tourism Committee, and has seen businesses come and go. “Our business is still in business,” she said. “I sell real estate to keep it (the Heritage Bed and Breakfast) open.” Guderian said that Copperstate brings business to the town, not just employees, and urged the commission to “look at the rules put in place and adhere to those rules,” adding, “I believe that Copperstate has met those rules that were set in place by the town council.”

“Why are there 800 applications? Obviously they don’t believe $15 an hour is a low wage,” Guderian told the council.

Much had been said about the councilors being elected by the people and should vote as the majority, which many of those speaking felt would be in opposition to the facility.

“You are here as elected officials, we voted to have you make decisions on our behalf. We trusted you when we voted for you, and I personally trust you now,” Guderian said.

“It doesn’t seem right to me that two people that don’t even live in this area can start a recall campaign,” said Greg Lunt, who opposed the facility.

“If not here, then where else would be a better place to build it in the town?” Theresa Bukowski asked commissioners. She talked about the previous agricultural businesses and how they hired some local people and also hired prisoners to work for very little pay. “You could wait years and years and get 10 good jobs for the town and criminals bused into our community, or take the opportunity now and get people good jobs,” she commented.

Bukowski also told the council that one concern is people that use medical marijuana have great things happen. “The other thing I find concerning is everyone says referendum, we should all vote on it,” she said, noting that it would be difficult to educate, and that the reason council members were elected was to vote on what they feel is best for the town because they have spent a lot of time studying the issue.

“The issue here in front of the council is we’re not talking about distributing more marijuana, we’re talking about jobs,” said Bukowski. She felt that the embarrassment of waiting in line at the marijuana grow facility and in line at the bank to cash a check from there would be less than standing in line at the Bishop’s Storehouse or the Catholic church to get food.

“Just today DEA (Drug Enforcement Agency) announced it will keep marijuana in the same class of drugs as heroin,” said Daniel Prestwich, noting that it is a class I drug. He said that it has been talked about that Snowflake is a God fearing community, and stated to the council, “We are also law abiding people, and that is a struggle here with this conflict because our national law says that this is an illegal drug.”

During the commission meeting, Prestwich noted that the town code states that the purpose of the ordinances is to promote health, safety and general welfare of the citizens. “You commissioners have the opportunity to keep the general welfare of this town in regulating what happens here tonight,” he said.

Prestwich, who remains a plaintiff in the lawsuit against the town regarding the Copperstate facility, said he felt that this should be voted on by the people, that they should wait and see what happens in November.

Ronnie Graybear Hatch spoke at both meetings. He was born to alcoholic parents and at an early age his dad died in a street fight, so he was in the system. “My heart was filled with hate and anger,” he said, until he was taken in by a good LDS family, joined the church and married in the temple. He is a father of 12 kids and has adopted two more. He has worked with over 1,000 kids with Eagle Dancer Youth and Family Services. He has two sons who are addicts and two sons who use medical marijuana. “I thank the good Lord that it is here. It gives peace of mind and hope that they won’t be laying somewhere committing suicide because of their illness,” said Hatch. “I’m in favor. I know we need the jobs, and if these men are right in what they’re saying, it looks like it will be a good positive thing.”

Lowry Flake said he had withdrawn from the lawsuit against growing marijuana in Snowflake “because we want to work with this council.” He said he didn’t think that Snowflake would wither and die without this facility, but felt that we had the ability to do as our ancestors and work hard. He noted that there are people whose intent is to destroy these people, such as George Soros, who has spent many millions of dollars on this issue with a goal to destroy, with the end goal to make all drugs legal and make the people weak. Flake said that under federal law all marijuana is illegal.

Members of the commission huddled to discuss the issue at their meeting, but Call explained it was a public hearing and they needed to turn on their microphones.

“I think we’ve got a great town that brings people of religious values to it,” said Commissioner McDowell. “If we lose that, I think we’re going to lose more than just jobs.”

“I chafe a bit that there are companies that look for economic opportunity and they find it with towns that are struggling with cash flow,” said Commissioner Russell Smith, acknowledging that they did need good jobs. He said he felt there should be a referendum voted on by the town citizens, and it bothered him that something that affected all the town citizens was decided by seven people (the town council), “and they don’t let people have their say, and I’ll be (darned) if I’ll do that.”

“We’re following the rules, but there’s a lot of white space between the black letters here,” said Commissioner Michael Lunt noting that it can be interpreted many, many ways.

“I’ve learned more about this position,” said Commissioner Greer. “Last time I voted I wasn’t educated on such a big topic, and whether I’m a flip flopper or not, whether I want this in the community or not, tonight’s not my time on that.

“The way I see my job here tonight as a commissioner is to see that all the rules and regulations have been met. That’s why we have the rules,” said Greer, noting that he has wrestled with this.

“My job is to tell you yes, you’ve complied, or you have not, and then we send it to the town council,” he said, noting that at the council meeting they could express their opinion.

McDowell said he felt that the criteria are subjective and you could say, “This character has nothing to do with the character of our community.” He said he would also like to see this go to a vote of the people.

Smith moved to deny the special use permit requested by Copperstate Farms, LLC. The vote was a tie, with Smith and McDowell voting in favor of it and Lunt and Greer opposing it.

Smith then moved to deny the special use permit requested by Mountain Time Management. The vote was the same.

The town council asked the permit applicants to comment following the public hearing, while the commission had them comment prior to public comment.

Adam Baugh spoke on behalf of Copperstate Farms, expressing his gratitude to the town and the citizens for their input. “We heard a lot of comments, and there’s a lot of passion,” he said, explaining that the question before them is not whether medical marijuana is good or bad, or should the citizens vote on the issue. It is to decide should the medical marijuana facility be allowed in Snowflake, the facility that was decided by voters in 2010, and that was determined legal by the town council in 2011 when members established the ordinance. “Your decisions will be implementing the code that is already in place. This is a grow facility that will retail it (marijuana oil) outside the city of Snowflake,” said Baugh, noting that the council must decide if the application is compliant with the zoning requirements today, and town staff made the decision that it did comply when they put this on the agenda. He briefly went through the requirements for a special use permit, with which Copperstate had complied.

Symington, managing director of Copperstate, said that they have received more than 800 employment applications since July, and that he appreciated the time that council members have dedicated to the issue, as did those applicants. “Working together I feel we can have an economic impact,” he said, noting that they have met all the criteria of the special use permit. “But I realize there is more than that, there is a matter of character, there is a matter of trust, there is a matter of integrity.” Symington has spent more than 20 years building a reputation. He said he is putting that reputation on the line and asked council members to trust him.

“In terms of zoning issues, we have been working diligently under state regulations,” said Jeff Quinn, spokesman for Mountain Time Management. He noted they have been out there for more than a year, they had more security than the state mandates and have met all the requirements for a special use permit.

Mayor Poscharsky moved to approve the special use permit as an administrative matter, noting that staff and the applicants today have shown that all the criteria have been met. They are not located within 5,280 feet of similar facilities or operations, they are not located within 500 feet of a residentially zoned property, they are not located within 1,000 feet of a preschool, kindergarten, elementary, secondary or high school, a place of worship, public park, public cemetery or community center.

Vice Mayor Ballard said that the council does look at both sides of every issue, and he felt they do a good job in doing that. He then voted no.

Poscharsky’s position remained the same and he voted yes, stating that he felt it’s a legal product, it’s good for the area in terms of additional jobs, which are needed for economic development, and that Copperstate Farms will be a good corporation and a good citizen for the town of Snowflake.

Councilman Hensley thanked those who spoke and stated, “I’m still not for marijuana, but I am for upholding the law.” He said that the threat of recall, if anything, has made him more determined to do the right thing. “My vote is yes,” said Hensley.

Councilman Lewis talked about how highly he thinks of those sitting on the council. He said he was touched by the individuals who spoke, and that many in his family are in the medical profession, and he maintains, “That this should be a public referendum.” He voted no.

Councilman Cory Johnson said he was very intrigued with what Dean Porter had to say and stated, “I’m glad he was not able to finish.” Johnson is president of the Snowflake Unified School District Governing Board and said that a teacher’s starting salary is $30,000.

He said a question he had is whether he would want his daughter to work there. He explained that he would, that she could learn the latest practice on how to grow things from a master grower and maybe help put what she learned into practice on Johnson’s fields. He voted yes.

Councilman Kay wanted people to realize that many of the council members put their time into this. He appreciated each comment made. He said he ran for town council to give back to the community. “If a business follows the code and meets all the standards, I should have no right to tell them that they cannot operate. I don’t feel like this is going to change our area one bit. We already have illegal drug use. Having this is not going to stop or encourage the illegal drugs,” said Kay, who voted yes.

Councilman Lynn Johnson expressed two concerns; one was the referendum that people want, and the other was the recall that is in the process. Johnson said he believes strongly in the constitutional process, because without it they wouldn’t be in this discussion. “You want all people to be represented unless they’re against it, you want all people to be represented unless they’re against it,” said Johnson.

“I’m concerned about the recall,” he continued, stating that he has sat side by side with those council members for the past four years. He said they have some different decisions to make and did not always agree, and “there wasn’t somebody out there to scream and recall.”

Johnson also said that he didn’t think that those that voted in favor of the facility deserve some of the comments given in the newspaper, stating, “I was disgusted.”

He also said he was disappointed with Mr. Kruger, who represents those undertaking the recall. When Johnson talked to him, he said a group of families were against medical marijuana, but didn’t know which families, and he didn’t know who was funding the recall. “I was disappointed that this gentleman has no concern for our town, no concern about finances of our town,” Johnson said, noting that the minimum cost for a recall election is $8,000. They want to “lay the rubber down here,” said Johnson, noting that one is a good man who provides jobs for the community. “If you don’t like the way Terril (Kay) voted, then don’t vote for him next time. These are good men, and that’s ridiculous to let some man from Peoria come in that doesn’t know the people.”

Johnson said he is against the facility, not Mr. Symington, and he felt that sociologically there are some issues, that enforcement is not sufficient and that there hasn’t been sufficient research. He voted no, then stated regarding the recall, “I think you need to rethink those things.”