Live! The Nevada County BOS hearing on the proposed ballot measure

February 9, 2016 at 4:11 PM Supervisor Beason makes a motion to adopt the first of the two resolutions, seconded by Supervisor Scofield. The motion passes unanimously, with Supervisor Anderson explaining that placing the measure before voters is the second best solution. Both resolutions pass unanimously.

February 9, 2016 at 4:08 PM With the phone line to Hank Weston re-established, Richard Anderson repeats his motion. He wants to agendize an item to rescind the ballot measure and the urgency ordinance. This would be in order to slow down and consider the benefits and impacts of growing. Weston declines to second the motion.

February 9, 2016 at 4:01 PM Supervisor Anderson asks County Counsel if tabling the resolution would be unreasonable. County Counsel replies that the timing would create problems. Anderson states he still would prefer to take the Placer County approach. He moves to agendize an item to repeal the ballot measure and the current ordinance. He further moves that a stakeholder group be formed to write a consensus. The motion dies for lack of a second.

February 9, 2016 at 3:57 PM Don’t use that “We’re going to loose all that money, they have not seen any of it in Ukiah.” He adds that people think the BOS moves too quickly, he thinks the State moves too quickly.

February 9, 2016 at 3:53 PM Chair Miller reports on his trip to Ukiah, lists boarded-up shops and a slew of tattoo parlors, tarot readers and such. He didn’t see any of the prosperity promised.

February 9, 2016 at 3:51 PM The session has resumed and District 4 Supervisor Hank Weston weighs in via phone. He absolutely supports the resolutions before the BOS and believes the voters have the right to vote on the quality of life of Nevada County.

February 9, 2016 at 3:39 PM District 5 Supervisor Anderson goes back to the planning process and the impacts of grows on the neighborhoods. “But it seems there are places in Nevada County where grows are possible. I do believe we are moving too quickly. We should take a more considerate approach.” I think the collaborative process can work, he adds. The BOS is taking a short break while technical difficulties are being sorted out with Supervisor Weston’s phone connection.

February 9, 2016 at 3:35 PM District 2 Supervisor Scofield goes back to the failed Measure S to justify the current ban. “That’s what we have to go on,” Scofield says. “My apologies to those of you who have legitimate medicinal needs, but you have been overrun by profit-makers. I am way more compassionate now than when this discussion started.”

February 9, 2016 at 3:33 PM Beason adds he has received more and more concerns from parents of young children about the values of this county and from business owners who are concerned about Nevada County’s image.

February 9, 2016 at 3:29 PM Supervisor Beason wants to address the “doing the right thing,” mentioned by several members of the public. He reminisces about the history of the ordinance, starting in 2012 and the number of complaints he received since. Folks had 3 years to come into compliance, since. It is clear that we have to do something stricter. The issue before us today is to correct what we voted on last time. We’re here today to clarify the language that says if the measure goes down, we will repeal the ordinance.

February 9, 2016 at 3:26 PM Chair Miller states that the BOS will now take up both resolutions and added that most of the public’s comments were way off the mark.

February 9, 2016 at 3:25 PM The public portion of the agenda items is now closed.

February 9, 2016 at 3:23 PM How much money will the county spend on enforcing this ban and will deputies, flying in helicopters, be able to call in complaints?

February 9, 2016 at 3:20 PM Randy, a carpenter, states that small outdoor growers are what allow him to have work. Indoor growing, he states, is totally unaffordable for the majority of people.

February 9, 2016 at 3:18 PM A homeowner from Cascade Shores relates how the house he bought was a former grow house and asks the BOS to make sure that any indoor marijuana growing has to be disclosed to a potential buyer.

February 9, 2016 at 3:16 PM Don Besse, who fully supports the ban makes statements about hash oil and states the BOS is doing what the people of Nevada County are asking. Once the ballot measure is approved, it makes this bulletproof, Besse states.

February 9, 2016 at 3:06 PM Preserving the liberty of the BOS to adjust their position in light of the changing sentiments on marijuana should be considered, says Robert.

February 9, 2016 at 2:59 PM David Franco a Nevada City CPA, representing the Coalition to Tax and Regulate Cannabis, asks the BOS to conduct a study on the economic impact of small farmers and businesses as they come into the light.

February 9, 2016 at 2:57 PM To a question if the resolution before the BOS is legally binding, County Counsel replies that it is morally binding. The BOS will certainly look at setting up a committee should the measure fail at the ballot box.

February 9, 2016 at 2:54 PM “Lead like you’re supposed to. Bring us together,” Harry concludes.

February 9, 2016 at 2:51 PM “Instead of taking advantage of all the state and local agencies working on this, you think the Sheriff alone can work this?” asks Nevada City resident Harry.

February 9, 2016 at 2:47 PM “Counties and states across the country have taken the time to make exemptions for children with intractable epilepsy,” states the father of one of these children. He suggests an ad hoc committee to craft language exempting children like his son.

February 9, 2016 at 2:42 PM Rick, a local business owner, born and raised in Nevada County, tells the BOS that the $72,000 could be better spent than put this on the ballot. Take your time and listen, he concludes.

February 9, 2016 at 2:41 PM The intent of the ban is to go after the big grows and it makes it difficult… we’re going after the big cultivations,” Chair Miller states.

February 9, 2016 at 2:38 PM Residents ask the BOS what they mean by “Throw a few plants in with your tomatoes or artichokes if your neighbors are OK with it.”

February 9, 2016 at 2:35 PM Terry Hicklin addresses the BOS: This issue has ignited a culture war in our county. Remember that a house divided will soon fall. This is not just about cannabis, this is about property rights.

February 9, 2016 at 2:31 PM Several speakers are quite emotional about their right to medical marijuana. But, mostly the confusion about what the ballot measure will do if it fails. Also questions like “what will happen if 3,000 greenhouses turn on their growing lights at the same time?”

February 9, 2016 at 2:23 PM Rachel, who is a cancer survivor and just left the hospital, has several questions for the BOS. Why has the word medical removed from the ballot measure. County Counsel responds that the ballot measure will apply to all marijuana growing.

February 9, 2016 at 2:06 PM More business owners are speaking out and are asking the BOS for real leadership, not just a resolution that only works for one portion of the county. Travis just said that as a businessman, he has liquidated half of his real estate portfolio since this ban went in effect.

February 9, 2016 at 2:01 PM Attorney Heather Burke is requesting that item 5 on the clarifying resolution be struck and the Auditor-Controller prepare a fiscal analysis.

February 9, 2016 at 1:59 PM Brad Peceimer-Glasse again asks the county to conduct a real economic analysis. According to his calculations, the ban will cost Nevada County 1,700 jobs throughout many sectors.

February 9, 2016 at 1:56 PM Nevada County resident Susan Pelican points out that honey oil labs, mentioned by Freedle, are not cultivating marijuana. They are a separate issue that has always been illegal. She asks the supervisors to slow down and develop a sensible solution.

February 9, 2016 at 1:54 PM Fran Freedle, a former supervisor, failed candidate for Clerk-Recorder and GOP activist is blaming the fire danger in southwestern Nevada County on marijuana grows. She claims to be a part of the silent majority that appreciates the BOS’ actions.

February 9, 2016 at 1:51 PM Matt Margulies, owner of Matteo’s Public in Nevada City addresses the BOS as a business person. He urges the BOS to slow down, do a financial impact report to understand how much all businesses benefit and the local economy depends on medical marijuana.

February 9, 2016 at 1:48 PM Americans for Safe Access’ Patricia Smith is asking why Nevada County is using 20th century methods to write 21st century legislation. If we can find a way to accommodate recreational drinking, surely we can find a way to accommodate patients.

February 9, 2016 at 1:43 PM Penn Valley resident Song Kowbell is asking who wrote the ballot measure. County Counsel did, Chair Miller answers. Kowbell questions why we are still here if all the supervisors understood what they were voting on the first time and why the second ballot measure still doesn’t give a vote on the supervisors decision.

February 9, 2016 at 1:43 PM Public comment is now open.

February 9, 2016 at 1:42 PM County Counsel is reading the clarifying resolution aloud:

1. In placing the proposed Ballot Measure on the June 7, 2016 ballot, it is the intent of the Board of Supervisors to provide all registered Nevada County voters with a full and fair forum in which to vote and express their opinions regarding marijuana cultivation in Nevada County and whether outdoor marijuana cultivation should be allowed.

2. If the Ballot Measure is approved by a majority of the registered voters voting on the measure, it is the intent of the Board of Supervisors to approve the Ballot Measure at the next available meeting after the results of the election have been certified by the County Elections Official.

3. If the Ballot Measure is not approved by a majority of the registered voters voting on the measure, it is the intent of the Board of Supervisors to reject the Ballot Measure, to repeal the ban on outdoor cultivation of marijuana and to consider and adopt other outdoor regulations at the next available meeting after the results of the election have been certified by the County Elections Official.

4. Pursuant to Elections Code section 9162(a), the Board of Supervisors hereby appoints the Chair and Vice Chair of the Board of Supervisors as a subcommittee to write and publish the primary argument for, and in rebuttal to the primary argument against the ballot measure, if any, and to determine the signatories for the primary ballot argument and rebuttal, consistent with the requirements of Elections Code section 9162, et seq.

5. Pursuant to Elections Code section 9160(c), the Board of Supervisors does not direct the Auditor-Controller to prepare an impartial analysis of the proposed Ballot Measure.

February 9, 2016 at 1:39 PM What is not on the agenda today is the text of the ballot measure and the option to change or retract the ordinance, County Counsel adds.

February 9, 2016 at 1:38 PM The BOS will be discussing a resolution of clarification, clearly delineating what will happen in either case.

February 9, 2016 at 1:36 PM If the ballot measure is adopted by voters, it becomes law 10 days after the election has been certified. If the ballot measure does not pass, nothing changes, County Counsel Alison Barratt-Green explains.

February 9, 2016 at 1:35 PM Three minutes per speaker if you represent only yourself or 5 minutes if you represent a group. Supervisor Weston is joining the meeting via phone conference.

February 9, 2016 at 1:28 PM Chair Miller is laying out what they’re doing this afternoon. A resolution to clarify the intent of the board and a resolution deciding who will write and sign the argument in favor of the measure.

February 9, 2016 at 1:24 PM The Nevada County BOS Chambers is filled to capacity again as the BOS gets ready to debate the language of a proposed ballot measure that, if approved, would not only ban outdoor growing of medical marijuana but also further restrict indoor growing. We’ll be covering the meeting live, as it happens here.