Menominee council OKS marijuana settlement agreement

MENOMINEE — The marijuana saga in Menominee is moving nearer to closure.

The City Council Monday voted 7-2 to approve a settlement agreement and release, which if signed by the plaintiffs, will likely put an end to cannabis lawsuits. Council members Steve Fifarek and Donna Marineau voted no.

The plaintiffs include RIZE, the Fire Station, Adam Michaud and the Committee to Stop Unlimited Marijuana Shops. The intervening defendants are Attitude Wellness/Lume, OI Holdings/Higher Love, NU Group/Nirvana, Rocky North/GreenPharm and Highwire Farms.

Mayor Casey Hoffman, following the meeting, said he is delivering on a campaign promise.

“When I ran for mayor I promised to end the marijuana lawsuits that have been plaguing Menominee for years, not unlike a good janitor cleaning up the mess,” he said. “Tonight is a giant step in making that vision a reality. The lawsuits are destined to fail, either in court or by RIZE and the Fire Station signing the agreement that the council passed tonight. Either way this is a win.”

Matt Cross of Cummings, McClorey, Davis & Acho, the attorney representing the city in the lawsuit, fielded questions at the meeting. He presented council members with a revised settlement he received from the plaintiffs about two hours before the meeting.

Cross said he realizes it’s frustrating to receive new information shortly before a meeting. He said he experiences frustration dealing with several attorneys from the various cannabis companies.

“They all have their own agendas, their own items they want in this agreement,” he said. “It’s been very difficult getting something everyone can agree on.”

Cross said the revised agreement is more simple and streamlined.

Hoffman said the new agreement does not include increased buffer zones. He asked Cross if the council could adopt something to that regard later on. Cross said that is something the council could do at a later time.

Marineau said she appreciates advice from Cross, but she’s tired of receiving information at the last minute.

“It disturbs me,” she said. “This isn’t the first time this has happened. Six or seven times we’ve been given something a few hours before our meeting that we’re asked to vote on and I’m not very comfortable with that.”

Marineau said she wants the cannabis companies to keep their word and not continue with the appeal process.

“I’m going to trust you to keep your word, because if you don’t you’re going to see the wrath of me,” she said. “You better live up to it.”

Fifarek said he wants to get the matter finished.

“It’s been going on to the point where I’m basically done,” he said. “I’m going to make a motion that if we don’t get that settlement tonight that we just let it go to court (next week) and let it go from there.”

Later in the meeting, during a period designated for council members’ comments, Fifarek expressed frustration with the marijuana situation.

“I still have friends from Battle Creek and Kalamazoo that keep in touch and tell me Menominee is still on the news down there,” he said. “They tell me, ‘What the hell is going on in Menominee? Why can’t you guys settle this?’ It’s kind of embarrassing when you’re getting feedback from lower Michigan about this. That’s why I’m so adamant. I want to take care of this.”

Council member Joe Dulak, following the meeting, said the council’s action was a positive move.

“I think the (council) is relatively unified in that they like the idea of a global settlement agreement,” he said. “I believe everybody wants this marijuana war situation over with once and for all. In order for it to be over with, every party has to agree.”

During the meeting, Dulak said it’s time for all parties to “bury the hatchet” once and for all.

“I think we can all work together in a more unified capacity in our city and we, as a council, can focus our attention on other important issues the city has to address,” he said.

Highwire Farms

The council voted 5-3 to allow Highwire Farms to move to a different location than what was listed on its application. That address was 1015 10th Ave., currently A&B Auto at the corner of 10th Avenue and 10th Street.

Council members Marineau, Michael DeDamos and Cheryl Haupt voted no. Hoffman voted “present” which means he didn’t vote yes or no.

“A mayor can’t abstain,” Hoffman said after the meeting. “I voted present because I didn’t feel it was appropriate for the council to interject themselves in a private business matter. The issue concerning that vote would not have affected the larger settlement agreement.”

Highway Farms owner Eric Kennedy is currently engaged in a lawsuit with A&B Auto owner Brian Havelka.

Robert Pizlali, an attorney for First Class Cannabis, with several locations downstate, spoke during public comment and said the company intends to purchase the license from Highwire Farms and has recently submitted an application to the city. The company wants to move into the former Family Video store on 10th Street.

DeDamos said it would be good to see something done with that property.

“Family Video has been closed for 15 years now,” he said. “Is that place going to sit there for another 15 more? It seems like an option. Who else is even asking to go there?”

City manager Brett Botbyl said the council has to be cognizant about two daycares located near Family Video.

“The plan may be to purchase the day care centers to circumvent our zoning,” he said. “Now we will have another marijuana shop, but we’re down two day care centers. Where do we take our kids?”

During public comment, Jeff and Michelle Peters, owners of Kids R Us University day care, said they are not looking at leaving Menominee, in fact they are looking to expand within the city.

“We don’t want to interrupt any of our services or the families that we serve,” Michelle Peters said, adding that they are excited to continue to provide services to children in the area.