Huber Heights encodes medical marijuana ban

By Dave Lindeman - For the Courier



HUBER HEIGHTS — Medical marijuana made another appearance, albeit a brief one, at Huber Heights City Council Monday night.

The issue has been a hotly debated topic and eventually led to a ban by council of medical marijuana production and distribution facilities in the city. At council’s last meeting, an effort to place the city’s ban into its codified zoning regulations failed for lack of enough votes. Four council members voted to add the ban to the city code, but Councilman Seth Morgan was absent and five votes are needed for passage.

On Monday, Councilman Richard Shaw, an advocate of bringing medical marijuana production facilities to the city, called for the issue to be reconsidered. Council then voted again on the measure and, with Morgan’s yes vote, council had the necessary five votes to add the ban to the zoning code. Shaw, Glenn Otto and Janell Smith voted no.

So why did Shaw bring the issue back? After the meeting he and fellow medical marijuana supporter Glenn Otto said they thought it was fair to allow the full council to vote on putting the ban into the city’s code but they would still work for future changes on the subject.

“I still don’t agree with it being banned,” Shaw said. “I’m still educating the region and other states on medical marijuana and its potential effects.”

Marijuana wasn’t the only zoning question brought before council Monday.

Mark DePaul, a resident of Bridgewater Road, appeared before council to complain about the operation of Sureshot Directional Boring on Taylorsville Road.

DePaul said the company is operating on land zoned residential and he is concerned about his well and drainage in the area. The company at one time applied to have the land rezoned for industrial use, but withdrew the application before it reached city council. DePaul said the company then indicated it would reapply for a zoning change but that has not happened.

DePaul wanted to know why the company is still allowed to operate.

Assistant City Manager Scott Falkowski said the city recently issued a violation to the company. The next step would be to take the company to court.

“If their intent is still to come back and try to get a rezoning for the property, the process would be to go through planning commission and then through city council,” Falkowski said. “But there is no allowance to continue to work while that process is going through.”

Vice Mayor Ed Lyons encouraged DePaul to keep the city informed.

“Certainly, on our end I thought this issue had been resolved equitably, obviously it’s not,” Lyons said. “Continue to contact the city, continue to bring the evidence forth so that we can put them under further violations if they do not stop what they’re doing the way they’re supposed to be doing.”

Lyons conducted Monday’s meeting in the absence of Mayor Jeff Gore, who was excused by council due to a family obligation.


By Dave Lindeman

For the Courier

Reach Dave Lindeman at (937) 684-8983 or on Twitter @HH_Courier.

Reach Dave Lindeman at (937) 684-8983 or on Twitter @HH_Courier.