Council tables marijuana amendment readings

The New Buffalo City Council had the first readings of two ordinance amendments recommended by the Planning Commission, but chose to table them until further information was available at their Monday, April 17, meeting.

The proposed changes would affect the city’s zoning ordinance and code of ordinances in order to regulate marijuana retail in the city.

Mayor John Humphrey acknowledged that many attending the meeting came to hear a decision on the matter, but noted the council would not make a decision with the current information.

“We need to do the right thing,” he said.

When reviewing the zoning ordinance amendment, Humphrey noted that it did not give a definitive difference between dispensaries and other marijuana businesses, such as growing facilities and transportation providers. While Humphrey noted space restrictions mean the city likely won’t have the latter two businesses, he wondered if the amendment should specify the types.

Councilmembers also said they would like clarification on how buffering will be established between businesses, saying it was uncertain how planned streets would affect the distance between establishments.

The proposed amendment to Chapter 22 of the Code of Ordinances is intended to regulate applications and licensing. Humphrey said he would like to verify the passage stating the council can revoke a permit in the event of violationst. He also noted the amendment does not address concierge or delivery services, which he said could be easily abused by people trying to circumvent licensing.

The council also questioned what the city’s administrative responsibilities and costs would be.

By tabling the first reading, the council has pushed a vote on the amendments until July. Councilmember Vance Price informed the rest of the council that he would not be available for that meeting. Councilmember Roger Lijewski has recused himself from the amendments, so the remaining four councilmembers must all be present to have a majority vote. Humphrey said the council could schedule a special meeting to ensure four members are able to attend.

The council did approve a first reading of an amendment to Ordinance 236 to correct a clerical error. Humphrey explained when the ordinance was passed in 2019, it based wording on a similar

BY THERESE DONNELLY

ordinance from Grand Haven, Michigan, and accidentally left the words “Grand Haven” in a portion of the ordinance.

The council approved special event applications for two bicycling events. LeTour de Shore, a twoday 100-mile ride from Chicago to New Buffalo, will take place at the Lions Park Pavilion June 17. Apple Cider Century, a bike tour of lengths from 15 to 100 miles, will have use of park picnic benches and trash receptacles Sept. 23-24.

The council also voted to pass a resolution of support for the Berrien County Trails Master Plan, which plans the establishment of county-wide hiking, biking, equestrian and paddling trails. Friends of Berrien County Trails President Gary Wood explained the organization is seeking support from all municipalities in the county, noting the county commissioners and 18 other municipalities have already passed the resolution.

In a separate action, the council approved a support letter and resolution to request state legislators and Governor Whitmer reconsider House Bill 5054, which would allocate $250 million to municipalities that fund their pension accounts at 60% or more. Watson said other municipalities are eligible for a share in $750 million in pension relief, but New Buffalo and other locations that made hard decisions in order to follow best pension practices are left out of this disbursement.

In order to comply with new Michigan laws regarding absentee and early voting, the council approved the purchase of a new tabulating machine and ICX printer. Watson explained the city currently has one tabulator and if it stops working, counting votes would have to be halted until a replacement could be obtained. He said the $11,213 approved by the council was the highest amount the equipment will cost. City clerk Amy Fiedler told the council that there is still some uncertainty on how the new voting will work, and Berrien County is considering merging jurisdictions for early voting locations, but she felt a backup tabulator is a good idea. The council approved the purchase.

The city’s current contract with Sittig Assessing Services will end July 31, 2023, and the city issued a request for proposal for future assessment services. Watson told the council Northrup Assessing and Southwest Michigan Assessing submitted proposals.

The council awarded the contract, which begins Aug. 1, 2023, to Northrup.

In March 2022, the council suspended new construction of residential buildings in the general commercial district while updates are made to the zoning ordinance. That suspension was scheduled to end Dec. 31, but the council voted to extend the suspension until Oct. 1, 2023, or until the zoning ordinance update and review is complete.

The council also approved a special land use permit for 16 N. Smith Street to use the building as a singlefamily residence. While it was previously used as a residence, the building is zoned commercial, which requires a SLU to allow residential use.

Watson told the council the city fire station is experiencing roof leaks despite repair work and the problem appears to be complicated, as the roof does not leak until days after it rains. He said this suggests the water is pooling somewhere. Repair work is important, he said, because the fire department’s camera system, computers and equipment could be damaged by the water. The council approved Kolar Roofing’s bid of $25,500, which Watson said is in the fire budget.

Police Chief Rich Killips will serve as the city’s liaison for the Berrien County Municipal Emergency Management. Humphrey said that, in light of emergency situations throughout the country, he is glad to see Berrien County taking steps to prepare.

Work on the Dune Walk project is nearly complete and the council approved a final payment of $186,079.04, minus a 10% retainer, to TJM Services, LLC.

Councilmember Mark Robertson said Abonmarche has been working with TJM to complete the punch list.

Along with a number of comments regarding the marijuana ordinances, the council also heard from audience members regarding planned public communication. Businessowner and Downtown Development Authority Board of Directors Chair Robert Kemper asked the council to reconsider plans to use LED signs to relay information at the public beach, saying he felt the signs would detract from the natural beauty. He recommended consulting professionals to identify a better way to communicate with residents and visitors.

Echoing that sentiment were Courtney Krumm and Collette Kemper of New Buffalo Explored. Kemper, founder of NBX, said the group was willing to make a financial contribution to consult a specialist.

Large Meth Bust In Toll Road Traffic Stop

More than two pounds of methamphetamine were recovered from a motor vehicle passing through La Porte County on a trip from Los Angeles to New York City.

That’s according to police, who also revealed much of the methamphetamine worth tens of thousands of dollars was contained in a safe located in the back of the SUV.

Mark Taglianetti of Harrisburg, Pennsylvania, and Sean Harman, 37, of Brooklyn, New York, are both charged in La Porte Circuit Court with level 2 felony dealing methamphetamine and level 4 felony possession of methamphetamine.

Hallie Loetterle, 37, of Baldwin, New York, is charged with level 5 felony neglect of a dependent and possession of paraphernalia, a Class C misdemeanor.

According to court documents, they were in a Cadillac Escalade stopped for speeding and tailgating by La Porte County Police on the Indiana Toll Road just before 9 a.m. Sunday, pril 16, near Rolling Prairie.

Police said all three of the individuals exhibited signs of drug use.

According to court documents, a K-9 alerting to the possible presence of drugs resulted in a search of the vehicle and discovery of a safe.

Police said officers unable to obtain the combination pried open the door on the safe to find over two pounds of methamphetamine. A much lesser amount of the drug was located in separate plastic baggies in different locations of the vehicle.

Police said there were also numerous used syringes and smoking devices recovered.

According to court documents, the woman’s 9-year-old daughter was in the backseat dangerously close to where some of the contraband was located.

The child was turned over to the Indiana Department of Child Services until arrangements were made with family members to care for the girl. —

STAN MADDUX