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Marijuana dispensary business license stalled
Kimberley City Council Report
By Nowell Berg
On May 23, City of Kimberley council held its bi-monthly meeting.
Councillors Kent Goodwin, Albert Hoglund, Nigel Kitto, Bev Middlebrook, Sandra Roberts and Darryl Oakley were present along with Mayor Don McCormick.
Council stalls Marijuana Dispensary Business License
In November 2016, council approved a business license for Kim Cox to open a medical marijuana dispensary. It would have been the third for Kimberley.
After delays in deciding a location, originally destined for the Platzl but subsequently moved to Marysville, Cox requested the city transfer the personal business license to a corporation. The city turned down that request this past April.
In front of a packed gallery, Cox’s lawyer, Wes Rogers, petitioned council, saying the city should not have treated the transfer request as a “new application.” Rogers told council, Cox’s business plan remained the same; to operate a dispensary in a professional, discrete and respectful manner. He said it was council’s responsibility to treat Cox “fairly and equally;” as they did with the two previous dispensary business license applications.
Rogers cited statistics from Nelson, which has eight dispensaries. This averages out to one dispensary for every 1,300 people. If Kimberley added a third dispensary, the math works out to one for every 2,300 people. Rogers’ conclusion being that Kimberley does not have a high concentration of dispensaries compared to Nelson.
Finally, Rogers referred to comments made by Kimberley RCMP Sgt. Chris Newel at the May 8 council meeting.
Newel presented his policing report to council in which he stated emphatically that “dispensaries are illegal.” He also noted that the city was “walking a fine line” with allowing illegal dispensaries to operate. The RCMP detachment “continually monitored” these dispensaries and that information was “passed up the line.”
Newel also said that to-date there had been “no complaints” about the dispensaries and their low profile was a “good thing.” He concluded that any action taken regarding dispensaries would “affect everybody” as the RCMP would not focus on just one dispensary but “look at everybody.”
Responding to Newel’s comments, Rogers noted that “speculation about complaints was not relevant” to the city’s consideration of Cox’s request to transfer the business license.
At that the Mayor asked for questions or comments from council.
Coun. Oakley said he agreed with Rogers’ comments about what was said by Newel. He went on to say council should have clarity on the federal government’s draft legislation to legalize marijuana. He requested that city staff bring more information to council.
Coun. Middlebrook raised the concern over having two marijuana dispensaries in Marysville, within two blocks of each other. With a knowing grin, she said the town could be known as “medical marijuana Marysville.”
Mayor McCormick then spoke a length about the new environment the city finds itself in given the federal government’s proposed legislation. He also pointed out the city had “no regulatory framework” around where dispensaries should be located, how many there should be or any “special fees” beyond the normal business license fee. “Council took a huge risk” in approving two dispensaries and should not move ahead with another before better understanding the pending Federal legislation, the mayor said. He even noted that it was unknown whether marijuana dispensaries would even be allowed under the federal legislation, particularly given that provincial governments would be tasked with actually implementing the legalization legislation.
The mayor then outlined two options for council to consider.
First, to send the marijuana dispensary issue back to staff to “investigate and comment on before moving forward.”
A motion to that effect, moved by Coun. Roberts and seconded by Coun. Middlebrook, passed unanimously. All councilors, except Coun. Kitto, voiced support for needing more information and comments from the city’s lawyer and RCMP.
Secondly, the mayor asked for a motion to either allow the transfer or defer the application until Council heard back from staff. The latter option was moved by Roberts, seconded by Oakley, and passed unanimously.
Cox’s request to have the personal business license transferred to a corporation will have to wait until council receives a staff report at the June 12 meeting.
Seniors Aqua-fit fee increase dead in the water
A $2 per visit increase in the drop-in fee for seniors to attend Aqua-fit at the Kimberley Aquatic Centre will not be part of the proposed across the board recreational user fee and facility rental rate increases being considered by council.
City staff proposed fee increases for all facilities and user rates that reflect the need “to address rates that were not in line with costs” and bring new items into the fee schedule.
Fee increases reflect the increased costs of operating city-owned facilities – the Aquatic Centre, Civic Centre, Marysville Arena, Centennial Hall and play fields and parks.
Seniors representatives, in a meeting with Mayor McCormick and CAO Scott Sommerville, pressed for no fee increase because those living on a fixed income could not afford a $300 per year increase. The rewards and savings of healthy and fit seniors far out weigh the city’s need to charge older folks more money.
Coun. Oakley asked if “other user groups” would see fees frozen. Sommerville said “aqua-fit” was the only program where the fee would not increase.
Oakley countered with a question about the hockey school. Sommerville said they would receive a fee increase and be charged per the School District No. 6 (SD6) Joint User Agreement (JUA).
After back and forth between councilors about the past 16 years when the city never charged SD6 according to the JUA and whether the city would bill SD6 for the back-charges, Sommerville said there would be “no back charges.”
The mayor chimed in and said, “SD6 [is] more than clear on the path forward.” He added that all community groups would be charged according to the SD6 JUA. He ended by saying the issue would probably be back before council.
Two fuel management contracts awarded
Council approved contracts with Wildlife Forestry Service Inc. and H.I.S. Wildfire FS Inc. to conduct fuel management in the Kimberley Nature Park (KNP) this summer and fall. The cost of both projects is almost $270,000 and is funded by UBCM (Union of BC Municipalities).
Coun. Hoglund noted that each contract came in under budget.
Coun. Roberts raised the perennial issue of smoke moving through the city. She had been contacted by a resident with breathing problems who asked when the burning would take place.
Mayor McCormick replied, “No matter when [burning takes place], if there is an inversion, there will be smoke.”
Coun. Goodwin said the KNP website and Facebook page will have all the information on when burning will take place along with maps of the burn areas.
Access the KNP website here. Check out KNP Facebook for news and information not only on upcoming burns, but also programs and events.
Kimberley city council meets twice monthly. All meetings start at 7 p.m. and are open to the public. Check the City’s website here for the meeting agenda. Click on the 2017 folder and follow the link.
The next Council meeting is Monday, June 12.
It’s your city; get involved.
