Katelyn Baker
Well-Known Member
Leominster - DO Health Massachusetts, which was recently cut from the selection process to open a medical-marijuana facility in the city, requested an investigation during Monday's City Council meeting into violations by both the Ways and Means and Legal Affairs subcommittees.
The nonprofit requested an investigation by Kopelman & Paige, the city solicitor, and Council President David Cormier into violations relative to the protocol of issuing letters of support, or non-opposition.
At a joint committee meeting between Ways and Means and Legal Affairs on June 29, it was determined, based on a set rubric given to applicants beforehand, that DO Health Massachusetts would not move forward in the selection process of a medical-marijuana facility in the city, while three other applicants would.
Only one dispensary, with or without a cultivation center, and a second unrelated cultivation center, will be allowed to open in Leominster.
The next step in the process is interviews of the applicants by the City Council, which will take place on Aug. 8.
In a letter issued by DO Health Massachusetts CEO Mackie Barch, which was read into record during Monday's council meeting, he said the City Council violated its own resolution.
He said the council did that by "accepting applicants who submitted their application documents after the June 9 deadline, allowed the submission of applications that did not meet the required zoning and engineering codes, and allowed the submission of lease agreements that are not legally or commercially enforceable and thus not qualified for submission.
"The city has both a legal and ethical duty to hold all applicants to the code," Barch wrote.
The letter did not specify which applicants he felt failed to meet the code.
At the June 29 joint committee meeting, DO Health Massachusetts received a score of 18.9, the lowest in its community host agreement and experience operating in Massachusetts.
Applicants were scored in 10 areas on a scale of 0 to 3. Alternate Therapies Group recorded the highest score, with a 25.3
In his letter, Barch addressed concerns the subcommittees had with his company.
"DOHM spent six months identifying properties in Leominster," he wrote. "We have gone through extensive property and business analysis examining market demand, zoning, engineering, environmental, architecture, security and economic development. Our $4 million project expenditure represents an investment that exceeds the other applicants combined."
"We are not being boastful when we say the Leominster location will be the premier location in the state of Massachusetts," he later wrote. The nonprofit's proposed location for a facility is 30 Patriot Place.
Ward 4 Councilor Mark Bodanza said the committees did a "thoughtful job with a difficult set of circumstances" to quantify the applicants numerically.
However, he advised the rest of the council to be wary of what they said regarding what DO Health Massachusetts brought forward Monday.
"There's a facet, if not an implicit threat, of litigation," he said. "At this junction, we probably shouldn't say a whole lot about any of this."
Patrick McCarty, of McCarty Engineering In Leominster, who is working with DO Health Massachusetts, said they are not trying to pit themselves against the City Council.
"We are not looking to be in opposition," he said. "We want to have a relationship."
But Bodanza was quick to note that when a letter like this comes down, relationships become tough.
"Once we start getting lawyers involved, the whole thing shifts to a different arena," Bodanza said.
In the letter, DO Health Massachusetts requested that the council not offer any letters of non-opposition until Cormier and Kopelman & Paige have "adequate time to investigate the matter."
Councilor At-Large Claire Freda, a member of the Legal Affairs subcommittee, told McCarty and the DO Health Massachusetts employee who was present Monday, the council would review the letter, meet with its attorney an be in contact moving forward.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Marijuana Nonprofit Wants Probe Of Council Subgroups
Author: Joe Atmonavage
Contact: (978) 343-6911
Photo Credit: Marijuana Business Association
Website: Sentinel & Enterprise
The nonprofit requested an investigation by Kopelman & Paige, the city solicitor, and Council President David Cormier into violations relative to the protocol of issuing letters of support, or non-opposition.
At a joint committee meeting between Ways and Means and Legal Affairs on June 29, it was determined, based on a set rubric given to applicants beforehand, that DO Health Massachusetts would not move forward in the selection process of a medical-marijuana facility in the city, while three other applicants would.
Only one dispensary, with or without a cultivation center, and a second unrelated cultivation center, will be allowed to open in Leominster.
The next step in the process is interviews of the applicants by the City Council, which will take place on Aug. 8.
In a letter issued by DO Health Massachusetts CEO Mackie Barch, which was read into record during Monday's council meeting, he said the City Council violated its own resolution.
He said the council did that by "accepting applicants who submitted their application documents after the June 9 deadline, allowed the submission of applications that did not meet the required zoning and engineering codes, and allowed the submission of lease agreements that are not legally or commercially enforceable and thus not qualified for submission.
"The city has both a legal and ethical duty to hold all applicants to the code," Barch wrote.
The letter did not specify which applicants he felt failed to meet the code.
At the June 29 joint committee meeting, DO Health Massachusetts received a score of 18.9, the lowest in its community host agreement and experience operating in Massachusetts.
Applicants were scored in 10 areas on a scale of 0 to 3. Alternate Therapies Group recorded the highest score, with a 25.3
In his letter, Barch addressed concerns the subcommittees had with his company.
"DOHM spent six months identifying properties in Leominster," he wrote. "We have gone through extensive property and business analysis examining market demand, zoning, engineering, environmental, architecture, security and economic development. Our $4 million project expenditure represents an investment that exceeds the other applicants combined."
"We are not being boastful when we say the Leominster location will be the premier location in the state of Massachusetts," he later wrote. The nonprofit's proposed location for a facility is 30 Patriot Place.
Ward 4 Councilor Mark Bodanza said the committees did a "thoughtful job with a difficult set of circumstances" to quantify the applicants numerically.
However, he advised the rest of the council to be wary of what they said regarding what DO Health Massachusetts brought forward Monday.
"There's a facet, if not an implicit threat, of litigation," he said. "At this junction, we probably shouldn't say a whole lot about any of this."
Patrick McCarty, of McCarty Engineering In Leominster, who is working with DO Health Massachusetts, said they are not trying to pit themselves against the City Council.
"We are not looking to be in opposition," he said. "We want to have a relationship."
But Bodanza was quick to note that when a letter like this comes down, relationships become tough.
"Once we start getting lawyers involved, the whole thing shifts to a different arena," Bodanza said.
In the letter, DO Health Massachusetts requested that the council not offer any letters of non-opposition until Cormier and Kopelman & Paige have "adequate time to investigate the matter."
Councilor At-Large Claire Freda, a member of the Legal Affairs subcommittee, told McCarty and the DO Health Massachusetts employee who was present Monday, the council would review the letter, meet with its attorney an be in contact moving forward.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Marijuana Nonprofit Wants Probe Of Council Subgroups
Author: Joe Atmonavage
Contact: (978) 343-6911
Photo Credit: Marijuana Business Association
Website: Sentinel & Enterprise
