##VIDEO ID:rcB3n3rpxQo## watch summize I watched it all right at the meeting of the Cannabis Control Board of the city of Jersey City held Wednesday September 11 2024 at approximately 5:30 the uh in accordance with the open public meetings act known as the sunshine act adequate notice of this meeting was provided by mail and orax to the Jersey Journal roll call please chair person bunny here Vice chair cantero is absent commissioner kaplowitz here commissioner mte Dublin here and the board attorney Ry Mandel here all right first application is ccb2 2478 glue Lagoon forms please step forward you make yourself comfortable once you come to the the table here all right just very quickly I'm going to swear you in raise your right hand do you swear airm the testimony about giving the truth the hold truth and nothing but the truth to help you God yes put your hand down please your name spell your last name and give us your address my name is Eli Terry uh t e r r y um our address is 774 Street all right okay uh Mr Terry I do understand that you have an attorney and uh it's my understanding that you you're going to wave uh your attorney because it appears that the application process is going to be somewhat succinct this evening you had already appeared before and but for my mistake you wouldn't be here again uh so is that your understanding that you're waving your attorney yes all right um so any changes any modifications anything going on that we need to know about no we just receive uh no approvals and uh yeah and you got planning board approval right yeah well congratulations back to the days um Sony and I both watched the hearing on YouTube and I have faith and Jeff and Jose that they did a good job so I don't see a reason why we shouldn't just move to approve I make a motion to approve CCB 24-7 glue Lagoon Farms I second roll call chairperson Bunny uh yes commissioner kapitz hi commissioner Marte Dublin I okay best best of luck yeah congratulations thank you I know you're you're on the council agenda right so got good luck oh uh we got to sign it now oh fantastic well you I think you did sign it you did oh okay it's signed it is signed I'm just going to fill in who made the the motion you going to give it to him to bring it up or are you going to fax it you can call the next uh all right uh license renewal pursuant to chapter 8451 D of the municipal code CCB 2219 Garden greens LLC [Laughter] to rec I have to all right let the record reflect that uh commissioner Sonia Marte Dublin is leaving the de and U will be seated in the audience she is not leaving the meeting she's just simply recusing yourself on this application uh good evening sir uh please raise your right hand the square affirm the testimony about to give the truth the whole truth and nothing but the truths help you God I do please state your name spell your last name and give us your address Brian Mary that's m a r ke y 27 Canfield Road it's in East Han over New Jersey thank you Mr Mary what would you like to tell the board uh today is my renewal and I'm here for uh I guess we've been open coming up on a year now um we have uh stood true to our employment we have we had we do have less than 10 employees at this point we're not really uh at that point where we've exceeded or come close to exceeding that 10 minimum we do have a very very D diverse um staff um mostly uh Hispanic three africanamerican um all of them live in Jersey City we're a very local shop we're very Community oriented and um um our our employees feel like they're at home you know it's it's you know we've pretty much hit the ground running I mean we I've been downtown with with the older business you know for a while now so it's really good to see the change we've really become a uh a good uh a good part of the the the the community down there we we look forward to to moving forward all right thank you for that uh back to the days so this is the only cannabis establishment that we get complaints about um and I personally feel uncomfortable even having to say all of this um but there are issues with this cannabis business and it is not Community oriented there is a lot of harassment going on on the Plaza they're harass pass ing another business the shirts with the guy peeing on the cream logo we were sent pictures of it we were sent videos of never from me it's an employee going into your store wearing the shirt we have a video of you standing next to Frank and Frank is calling people on the plet um he's using gay discrimin yes we have the videos you are standing next to him you do not tell him to stop no no no no absolutely they were Jeff can you please confir you saw the video as well I watch Mr Mary please don't interrupt when there you will have an opportunity I mean this is an lgbtq friendly City and you Jee you saw the video I've seen the videos that were sent to us they were unedited they were not manipulated and it was on the uh Plaza uh in front of the store in front of your store using the nword using the f word word uh threatening uh violence violence and also you know an intimidation of uh an owner of another business there uh you know and it was pretty disturbing and it's it's truly disturbing it's I mean like Frank doesn't like he he's harassing everyone I feel uncomfortable I feel like now I will be subjected to harassment from Frank for speaking out against this but it's completely unacceptable like you knew there were going to be other cannabis businesses on the Plaza when you applied you knew that and you guys are like menaces to the other businesses on the Plaza and it's completely unacceptable I don't know why you're harassing cream like it's a cap like this is America it's capitalism there can be multiple cannabis businesses on the same street and they don't deserve to be harassed by you or Frank and I don't know what Frank's affiliation is with your business but every time I walk down the plaza he is in front of the store wearing Garden greens Merchant merchandise and he's harassing people I've seen it with my own eyes before I was even sent the videos it's completely unacceptable it's like I don't know how you can say you're Community oriented but you're standing next to someone who is somehow affiliated with you and he's discriminating against the lgbtq community and you are not saying stop you did not you did not tell him to stop and the whole board saw the video the attorney saw the video the videos were sent to the prosecutor's office cuz it's not okay it's completely unacceptable I have to say uh being a cannabis smoker myself for over five decades uh one of the main reasons that the state of New Jersey finally realized that legalizing it is a way of getting the gangs and the mentality of organiz Iz crime and intimidation out of the business of cannabis and more importantly it was to correct the Decades of the use of a lore to imprison people of color people who are being you know abused for their race and selling cannabis the laws are very specific and I will quote you on this I quoted on it and it's in the ordinance Jersey City encourages and promotes the participation of minority women and disabled veteran-owned businesses in the personal use of Canabis industry in Jersey City number eight a community impact social responsibility research statement shall include but shall not be limited to the following a community impact plan summarizing how the applicant intends to have a positive impact on jury city which shall include an economic impact plan and a description of Outreach activities a written description of the applicants record of social responsibility Phil Philip uh and donating money and time to nonprofits I will tell you born and raised in Georgia city that your business doesn't meet those requirements to maintain a license in Jersey City I I agree I and I was just told by our attorney that you guys were sent the videos so you guys saw the videos as well I mean it you saw the videos you know what the video is you saw it yourself I I I'm at a loss for words I I just I I was at a loss for words when I saw the these videos I was at a loss for words when I walked down the plaza and I've seen Frank harassing people with my own it's coming from the fact these videos how could you stand next to Frank when he's calling people the FW and not tell him that that's totally unacceptable Mr Mary is that your attorney no it's not oh okay so uh Mr Mary this is obviously no reflection on you but it's certainly a reflection on garden green so this is your opportunity to uh respond and I I'll clarify the record I I did not send you those videos um I helped the commissioner with some of the some of the portions of the ordinance that it just seemed that Gardens greens was flying in the face of Those portions and and I know that you know Jeff used the FW and I didn't understand which one but now I do um you know as someone who is very much an ally of the LGBT community to use the word [ __ ] brought a tear to my eye and my daughters but we we saw it I mean you can't deny it because it happened it's it's true it's disturbing and it's true and again I don't know what his association with you and your business is but he's at every single one of these meetings with you he's always in front of your store he's always wearing Garden greens merchandise and that is a reflection of your business the shirts with the guy peeing on cream there's a guy carrying the garden green A-frame sign back into the building with that shirt on like they have a right to exist just like you had the the same right to exist but you all came to this board and said you were going to be socially responsible and you were going to be good neighbors and good community members and every other business thus far has lived up to that obligation except for this one we do not get complaints about anybody but Garden greens literally and most of the complaints are about Frank that's just the truth it's not Brian I have nothing against you personally I like you I I think you are a good person well I thought you were a good person but I don't know how you could stand next to him when he's calling somebody a [ __ ] and not tell him to stop and it was some sort of altercation absolutely but that's just not socially responsible that's not being a good neighbor that's how could we not sit up here and stand up for the lgbtq community I I wish that you guys didn't do that I wish we didn't have to watch these videos I I I wish you would be nice to cream I wish you would be nice to all the businesses on the Plaza I don't understand so Mr Marky this would be your opportunity to respond give any testimony before the board makes a motion and votes can I take a moment please and come back please I sure if the board has no objection I go ahead whether go ahead [Music] you want to call another application you want to just give them a couple minutes um I guess we'll just wait I don't want to [Music] um want to take a five minute break yeah take a five minute break yeah we'll take a five minute break and okay you're ready okay sorry about that I'm sorry respectfully I'm going to uh request an adjournment so as to I could be here with my attorney well you should have thought of that before um I would suggest to the board uh that we do indeed Grant this adjournment if Mr Mary wants to be represented by Council certainly entitled to that if you haven't seen those videos you should be entitled to see those videos so that you can you or your attorney can respond appropriately okay make a motion to uh postpone or carry this application for Renewal to a meeting um to the next meeting which is September 23rd September 23rd okay so in two weeks okay a little less than two weeks thank you Mr um and respectfully I would just like to request that Frank not harass any of us like this is a volunteer position I'm sure Frank is UPS set right now he was sitting there with his arms crossed which is already very intimidating but I'm respectfully requesting on the record that Frank leave all of us alone so if he sees us on the Plaza like pretend you don't see us this is a volunteer position it's this is an uncomfortable situation but you can't call people a [ __ ] that's just not okay can I say something man' no no postponed it's going to be a Jour it's a j you I want to talk about you just said my name if you knew what happened I didn't call the guy f i called listen but listen I I I can you no I don't want to speak to you Mar I'm bring an attorney also so because you're not just going to say anything about me and think it's like that bunny you see me I never bother anybody I've seen it with my own eyes okay all right that matter is adjourned let's now proceed to CCB 2239 JC element hello how are you all right how doing sir please raise your right hand do you swear confirm the testimony about to give me the truth the whole truth and nothing but the truth to help you God yes all right so you are here for a final review what would you like to tell the board uh members uh it's been a long journey really long I'm uh finally happy to be here finally happy to get the final uh it's really really long journey so any of the board members have any questions no I don't have any questions Sonia anything no I all right a motion followed by a second a motion to approve CCB uh 2239 JC element is there a second second all right roll call chairperson bunny Hi commissioner klewitz commissioner mate Dublin hi congratulations thank you guys all right uh the next uh application is U CCB 24-8 Earth company Urth company is there no one here on that no there no they're they're here um yeah don't lock the door uh all right we we have called U application CCB 24-8 Earth company if you could please step forward yeah nice to see you again counselor when you get situated please enter your appearance into the record and uh maybe give us the board a brief outline as to uh what's going to occur this evening sure um uh good evening everyone my name is elardo Webster I'm an attorney at the law firm of Connell Foley uh I represent the applicant Earth um and uh we're here tonight to um explain to the board why we think we should be granted a uh a license uh and permission to have a license in Jersey City um I think it's a really interesting you know time and really interesting you know conversation especially considering which is which just happened um uh for fortunately um the applicant before you is a well-known uh and well-respected uh member of the community who has a longstanding um business uh relationship um his dad was The Barber of many of us when I had hair um growing up uh and um I've known Jermaine um and his family my entire life and uh they've always been very entrepreneurial uh very business oriented um Jermaine owns several businesses in town uh light he owns a pizza place um he's um obviously a former elected official and uh just I think an amazing human being very philanthropic uh very Community centered and um and uh and very um just a good guy um so um I know that the board has a lot of material before it I know this board has had a chance to review that material uh so uh I'm just going to hit um just the highlights and just for the record just to just to put our stuff on the record um our property uh is uh located um at 260 Martin Luther King Drive in Jersey City it's designated on the official tax maps is block 23501 lot 95 it currently is a vacant commercial building um property is located within the city of Jersey City's Jackson Hill Redevelopment um plan neighborhood mixed use District it's a class five cannabis retailer is permitted uh conditional use at that property so obviously we'll go through the appropriate um planning and zoning uh approvals to to get it to get it licensed uh but subject uh to approval from the New Jersey cannabis Regulatory Commission and the Cannabis control board the applicant intends to serve adult use cannabis customers under a class 5 cannabis retail license uh subject to approval from the city of Jersey City Zoning Board of adjustment the applicant will seek approval to conduct an interior fit out of the property and operate the proposed retail cannabis facility um I'm just going to ask um councilman Robinson um just to I guess be sworn in thank you would you please raise your right hand this where airm the testimony about to give the truth the whole truth and nothing but the truth to help you God I do put your hand down please state your name spell your last name and give us your address thank you mayard Jermaine Robinson r o b i n s o n uh 237 Randol Avenue Jersey City New Jersey 07304 you're a witness counselor thank you um councilman I I'd just like you to briefly um talk about your background in the city um the things that you've done um philanthropically uh the things that you've done um uh from a business standpoint and then I want to talk a little bit about what we hope to do with Earth okay um first chair uh Commissioners director staff uh uh good evening it's a pleasure to be sitting here in front of you tonight I know this is definitely a um you know time for you guys and I appreciate you giving me your time um my name again is Jermaine Robinson I'm lifelong resident of Jersey City um my career started in real estate in 1999 when we purchased 559 Ocean Avenue which is the home to our family business the real deal Barber Shop which is has been in operation for nearly 40 years in Jersey City but we've been at the new address for just over 25 years in April this year um I am also a business owner on Martin Luther King Avenue we I own the life of Pie Pizza which we closed down to remodel and we're going to be doing um Portuguese style chicken and you know and Cuisines um that has been in operation for about four years now and I am the proud owner of the light rail Cafe which has been in business for 13 years but I've been the owner for 18 years um we've I purchased it in 2006 closed down to remodel um in 2007 open back in 2011 and since then I've been the owner operator and manager of the light ril Cafe here in Jersey City longer model that's a longer model well I mean so I mean if I could briefly touch on it um in 2000 I W don't you tell us about this business okay all right so that and and so we I've been an owner operating manager for there um I was also city council from 2017 to 2021 one which I'm proud to you know be a member of that longstanding board um but Earth could earth the earth business is located at 260 Martin Luther King and I I chose the location I it it took me a while to find a location because I was rent I was looking for places to rent in the neighborhood but then I found somewhere to to um purchase the reason I purchased is because it's on Martin Luther King and you know before I was elected in the city council every question that I always had was why was every nice business have to go downtown hence why all the businesses that I own and operate are located in Warda in the Greenville area because this is where I was born and raised and this is where I choose to stay I don't you know not that I don't like other parts of Jersey City but I love this um and you know I've been in the community forever and I think I have some paperwork I didn't bring it for my philanthropic needs um I know it's we had questions of who would you help in the community and you know I I have a um I have something of you know who I've already helped I've been here for for my whole life 48 years 49 years wow yeah happy birthday the last thing last week was my birthday I'm I'm starting to forget him wait it gets worse who once you get to the 50 I stop counting I stopped counting couple years ago yeah so um and so I've been helping the community I've been working with you know organizations you know ABC Kids Inc Angela cares team magazine I mean in the neighborhood and I will continue to work with you know groups in the community to always be philanthropic to give back to my community because I live here I work here my businesses are here you know and and I know there's other questions about hiring practices I have 20 plus employees right now all are from Jersey City you know my manager actually lives on the same street as the restaurant right now I'm just going to Mark as exhibit one applicants one this is a earth unlimited healing herbs philanthropy uh this is some of the organizations that my my client is supporting currently thank you oh wow this is a long list Jermaine mhm it's it's you know it's yeah please I I I been in Jersey City for so long and you know as a business owner it's it's our responsibility to you know give back to the community to help the community as as we see fit I mean you you know someone told me if you make it to the top of Mount success by yourself you're liable to jump off so you know I I think that is my responsibility and my you know tithing to the not the the the universe but the city if if I'm here making money in the city then it's my job to actually give back and support the people in the city so let's talk a little bit about Earth and talk a little about what your vision is and then we'll open it up for questions from the board Earth is um unlimited healing through herbs I mean so you see that is something to me um I don't know if I've been a cannabis user for 50 years decades right but um I I actually am not the biggest cannabis user but I do believe in the healing powers of of the flower of the herb itself um and it's something that I want to do all my businesses are service industry and you know being a bartender and being in the barber shop we we're not just service we're more like therapists and I believe that you know the Cannabis business will be the same it's going to be a service based business but you know as a bud tender as a manager as a operator it's your job to be halfway unlicensed of course but a therapist to your clients to let them know what really you know works and doesn't work and I I really find it really you know well that if when when I travel to different dispensaries looking for different ideas and I've probably touched most of them in in northern New Jersey and you know it's it's so good to have someone who understands the the power of the herb and the power of how it can and you know can help you throughout the day you know being from the community we do understand that um our Community has a lot more needs than others and I think this is just a way to you know help thank you um so um um we've submitted to the board and to the um to the secretary um a plan for security um a plan for uh alarm and intrusion detection uh We've presented a plan uh for customer operations so if there's any questions be happy to talk about it um but I think um Jermaine is what he is he's he's a proven commodity in this town in this community and um I think he's one of the you know bright entrepreneurial kind of spirits that we have in the community and uh I'm happy to you know to be here as his his attorney this evening and uh I'm excited that uh he's decided to Endeavor into this business any questions from the board members for Mr Robinson on his testimony I just want to note that the security plan was approved by the Jersey City police department so we don't need to go back and forth about it they're the boss when it comes to that stuff so how many employees do you how many employees do you expect to work in the store um we hopefully we have it a 10 um I mean I'm going to you know aim for the disguise I've been to a lot of the smaller uh dispensaries in the community and there doesn't seem to be that many but I I do hope that we will build up to you know 10 employees anything else from the board members for Mr Robinson hearing n and seeing any members of the public wish to question Mr Robinson on the testimony he provided thus far hearing none seeing none Council I just have one error um I wanted to introduce Rebecca Morello um she's a colleague of mine from con Foley hello and uh I should have introduced her early when I I was getting ready to swear in I apologize I could have introduced her um she is a a bright young aggressive uh attorney and uh we'll replace me very soon you got a great mentor oh thank you everyone um go ahead I'm sorry no I I've known Germaine for a long time I know Germaine does good things for the community I think what I the thing he said that I like the most is he wants to bring nice things to his part of the city I love all of Jersey City and I I think there should be nice things in every part of Jersey City and I I I know Germaine will be a good operator I know he will do the right things I know he'll be a good Community partner because he always since I've known him he has always been a good Community partner he's a good councilman he's a good person and he will do the right thing so I believe we should approve this application second um I was going to let you make the motion Jee I I thought you made it already no I said I think we should approve it I didn't make a motion okaye go ahead oh okay uh I make a motion to approve CCB 2480 uh er uh company at 260 Martin Luther King Drive is there a second I second roll call chairperson Bunny yes Vice chair I'm sorry commissioner kapitz uh I've worked with you when you were a councilman and uh you are an asset to the community and I believe that you will do very good things for the business and the community and there is a lot of healing power to cannabis I vote Yes commissioner Monte Dublin I've worked with you before you became a councilman while you're a councilman and now and I'm very proud of all the work that you do in our community and that you bring successful businesses I know all the hard work you do to give back to your community there's some missing from there because I know that you've done so much more and with that I vote Yes motion carries congratulations best of luck congratulations thank you you all right uh I am recusing myself from CCB 22-7 all right let the record reflect that the chair is not leaving the meeting she is seated in the uh audience all right uh CCB 22-7 local motive motive always get that wrong forgive me yeah right all right nice to see everybody again counselor when you get situated please enter your appearance into the record good evening this is Justin Jacobs from law advocates LLC on behalf of applicant local motive all right Mr Jacobs perhaps you want to just briefly tell us who's going to be testifying what is this uh application about etc etc let me give I remember yeah let me give some background uh as to how we're here today and then we have the testimony of I'm here with Chelsea Duffy the CEO of locomotive um Matt simuka the COO of locomotive um and uh so we'll start with the background so on March 28th 2022 the planning board approved locomotive's application also in March of 2022 locomotive submitted its application to the CCB seeking a resolution of local support following three hearing dates locomotives application was initially denied by the CCB but judge Tula of the superior court of New Jersey remanded the matter back to the CCB to apply the standard articulated by judge trou on the record let let me just clarify that um we did actually apply the criteria and the factors but the way the ordinance is written that is supposed to be done at the second hearing at the final hearing I'm not sure that I completely have my arms around the logic of that because presumably the first hearing would be Hi how are you nice to see you but in any event um the board did indeed apply those factors and I I respect judge toua but I read the opinion a little bit differently but go ahead I'm sorry for the interruption not a problem so it was remanded back um to the CCB um on the on the supplemental review the CCB approved locomotives application for local support um and and you and I had subsequent conversations thinking that all right judge choua has indicated that this should be approved we didn't see a reason for another hearing wasn't that correct it was more that judge Tula um had remanded back and based on the standard articulated by judge toua on the record the current hearings that took place and the um and the record that was before the CCB was sufficient for the CCB to render a resolution without any additional testimony or any additional hearings taking place um but he really required a hearing and you and I had discussed this at length and okay so I'll get to that I'll get to that um because um so so then what happened was um the CCB approved um their application it then went to city council um and actually I should mention uh that another applicant actually filed a lawsuit objecting to the ccb's approval of locomotive um which sat dormant for a while um and then in the meantime it went to city council city council um put local motives application on their agenda they did an independent review and city council found that local motive met the requirements for local support they then entered an or a resolution um and that was in April April 26 2023 city council entered a resolution granting local motive local support um and then on October 25th 2023 the state of New Jersey cannabis Regulatory Commission awarded locomotive an annual class 5 cannabis retailer license um and so after that after locomotive received local support from the CCB from the city council and got their annual license from the state judge toua heard that uh that challenge to the ccb's uh resolution of local support and judge Tera recently found found that um he and it's important to know that the challenge to the application for local support which was by another applicant and their lawyer here today so I'm sure he will speak on the record um but they did not in that lawsuit challenge whether or not local motive met the standard for local support which is very important so Mr Jacobs when you I'm sorry when you say local support are you referring to the municipal Council or this board this board's resolution they did not they did not in that lawsuit claim that local motive the applicant didn't meet the standard they merely argued in the lawsuit that the Cannabis control board never set forth their factual findings in the resolution or on the record and as a result there was a defect in the resolution so in other words they weren't saying that there was a subsid of problem with their application with locomotives application they were saying the Cannabis control board um didn't articulate this the the reasons the factual reasons why locomotive had been given local support so just to clarify uh the lawsuit that was filed was filed by the other applicant and is it still active on the court so and and so the court um entered an order a remand order sending this application back to the CCB to articulate to to hold a hearing determine whether or not local motive meets the standard for local support and if so to articulate the reason why and if not to articulate the reason why was the municipal Council resolution of support vacated it was not and nor was it ever challenged so you understand in other words they they have Municipal support okay all right I understand okay just to clarify Sor right this a convoluted situation so I was here for all the hearings so uh we denied the application originally mhm you went to court the judge remanded it back to us yes we had a incredibly fast hearing on that without any substance to testimony correct in fact there was no appearances this was just simply just out right right we just basically approved it based upon the court remanding it back it was based on I mean my understanding I mean I was that it was based on the record that was already before the CCB um and that there wasn't additional testimony taken at the time but I mean it's not like it's not like they hadn't they were here three dates prior and you know they they their application had been fully vetted prior to but it couldn't possibly have been based on the first three hearings because the board denied it well under a different standard but yes right and the reason we heard it the second time is because the judge told you know basically sent it back to us right and at that point another applicant filed the lawsuit correct and due to that lawsuit the judge remanded this back to us again so you could put on testimony we're going to put on supplemental testimony and um the court asked that you hold a hearing that's very simple hold a hearing make a finding as to local support and articulate your reasons your factual findings and conclusions on the record all right so with that said at this present time the the Jersey City council's resolution still stands and you have a annual have you been converted from a conditional to annual from the state from the state yes okay put it onad list and so we'd like to you know so pursuant to you'll get it you no testimony right now really I know but you guys keep saying um go ahead talking about the law well I think first I actually filed the lawsuits okay so but you're if you're if you're going to talk we needed a record I got so we'll get you up here Frank right absolutely go ahead I'm sorry that's all right Mr Jacobs go ahead so we'd like to place on the record um we locomotive has already had three days of uh you know a hearing they've submitted an application they submitted supplemental papers which is before the council um on the control board and we like to just highlight a few things um for we have new members obviously since locomotive presented last time and since you mentioned that uh Sonia you were already although you weren't here for those three hearings uh you certainly I know I sent it at least once or receipt of all the documents that this applicant submitted and you had an opportunity to review those AB absolutely okay Mr Jacobs go ahead so we'd like to now give some highlights of the application our first witness will be Chelsea Duffy sworn in please please raise your right hand these were firm the testimony about to give you the truth the whole truth and nothing but the truth to help you God I do okay put your hand down please state your name spell your last name and give us your address Chelsea s Duffy du ffy 122 Woodward Street Jersey City New Jersey 07304 uh your witness counselor thank you uh Chelsea could you describe your background with respect to Jersey City and could you please uh touch on any Community impact uh you've been involved with um with locomotive how you uh came to uh be a resident of the city and um yeah your just involvement with the City generally speaking yes thank you Justin um and I just prepared us a short blurb to share with you as if it's our very first time today so thank you guys again for meting with us um a quick introduction about myself and our business my name is Chelsea Duffy and I am the CEO and co-founder of locomotive I've resided in the Bergen Lafayette neighborhood of Jersey City for the last eight years and been dedicated to local activism since moving here in 2016 I graduated from West Virginia University in 2008 where I earned a degree in sport management with a minor in Communications following college and before committing myself to a career in cannabis I spent a decade working in front off in the front office of professional sports teams where I focus primarily on sales sponsorships client relations corporate Partnerships and experiential marketing since hanging my cleats I've transitioned into entrepreneurial roles like freelance events and social media marketing for Jersey City based businesses all the while building our startup company local motive which was established in 2018 these positions have allowed me to build strong local ties with small business with the small business Community which has provided a solid understanding of just how nuance owning and operating a company in Jersey City can be the experience and gained knowledge has helped shape the future of local motive and how we can best serve our community both business-wise and philanthropically moving forward speaking of Charity local motive would be nothing without its nonprofit Partners my work within the nonprofit sector started many years ago with a personal desire to uplift and amplify women's voices I started attending women oriented events where I found myself engaging with like Ed females uh about our youth our needs and our hopes for the future since then those relationships have flourished into full-blown Partnerships that have led to endless Community activations that serve Women and Children of Jersey City local motives Community impact and giveback program is our backbone our brand our DNA local motive has launched participated in sponsored and or supported the following noteworthy causes two tribes and five sustainable clothing swaps the Waterfront project events and services several local cannabis based events with industry partners and other in town dispensaries four cannabis educational panels with organizations like j-z Tech Meetup higher black and women in cannabis forums over 10 open to the public kids programs at the pathon center 34 School ps15 n PS5 consisting of Health wellness and nutrition courses with Ruckers anti-bullying assembly and drug awareness classes with the jcpd two summer camp programs and feeding the homeless holiday Gatherings with the York Street project all of which have been in partnership with sa a few after obtaining my mental health first aid certificate in 2023 we've completed five mental health workshops geared towards kids teenagers and women with with organizations like save a few the women's Advisory Board Hudson speaks the flow initiative and carrying capable hands two Thanksgiving drives with Angel Leake cares a free women self-defense workshop with local business proel Brazilian jiujitsu a year-long partnership with Lincoln High School girls basketball team where we supported this season by way of mentoring start and end of season parties and most notably a very meaningful and memorable field trip to the baray center in Brooklyn where the girls experienced their first WNBA game dozens of menstrual Equity activations like period P product packaging parties two New Jersey menstrual health Equity Summits back to school girl power events the inaugural Red Tent Event period donation drives and more all in partnership with the flow initiative and a number of Jersey City women Advisory Board events like shuros of the pandemic and the second annual shos of the community ceremony International women's day and women's month Gatherings and two different Mental Health Awareness Month workshops this is only a snapshot of our community impact commitments and we cannot wait to continue continue to do this meaningful work for years to come if not already evident my passion lies in the betterment of Jersey City and its people when I'm not working I attend to local boards I currently serving my second term as the vice chaired at the Jersey City Women's Advisory Board and I am a founding member of the League of Women Voters New Jersey Hudson County chapter along with these Civic duties I enjoy walks at Barry Lane Park with my 8-year-old dog Grover and my husband we're expecting our first child in December and I look forward to raising him to be a proud Jersey City kid thank you congratulations congratulations thank you than you Chelsea all right back to uh anything else with respect to this witness not with respect to this witness okay anything from uh the board members with respect to the testimony that the uh witness has given thus far no all right um any members of the there we go I was going to first do the I'll do you first Frank and then see if there's any members but I don't think there are so have other Witnesses do yeah but he's entitled to to cross-examine at this point it's fine and to your appearance nice to see you again Frank good evening Frank folo SS Comas and gross on behalf of Downtown Flower thank you um I am uh looking at the resolution denying this application um that was decided on July 11th 2022 and was memorialized on September 12th 2022 my questions will be regarding um some of the findings in that resolution uh on page three of the resolution it states that let me I'm sorry to interrupt forgive me um and tell me where I'm wrong how is it relevant because uh judge toua didn't want to hear about that resolution had no interest in that resolution you know uh basically denying support so I'm just how do you think it's relevant to this proceeding because I want to know if they fixed all the problems that were identified on the first round all fair enough doesn't I don't really care it could be any document it doesn't have to be this resolution it's the information inside that I'm I'm just giving you the benefit of where I'm getting it from uh oh uh hold it we lost our feed just one moment Frank yeah sure that's why you always have a sonographer there you go all right sorry for the interruption Frank go ahead sure um okay uh my first question is um there was a issue with the special improvement district that was a focus uh of the hearings that that occur curred earlier um my question number one is has local motive obtained a letter from the special improvement district supporting this project testimony you can answer that uh we have not but from our understanding that's not a requirement that meets the standard that is necessary to be given an approval um we have however met with them a couple times uh they're fully aware of you know starting all the way back in 2019 um our last meeting I believe was based on the recommendation of the CCB to go back and have a conversation with them to which we did it was a virtual meeting um we were asked to send an email uh regarding where we were at in the process and they would get back to us and that's where it left off okay Miss Duffy isn't it true that the Sid does not support your applications uh I don't believe that that is true or not true uh do you have any writing or any evidence from anyone on the Sid the board Etc supporting her application um to answer that question if time is not of the matter then yes we do have previous support um regarding this particular application we do not have anything in writing okay so you're referring to the uh your medical application that you had support for about six years ago correct we were one of the very first to meet with the Sid and at the time we were all working very well together okay but since then now you can't name a single person on the Sid who supports this application can you I could yes but I don't believe that that's fair to be put on the record at this time okay during the um earlier proceedings um you insinuated in your testimony that other applicants had provided money to the Sid in exchange for getting its support do you still maintain that allegation um I have no comment uh that was out of context you you have to answer the question and and you did it's out of context you can't say I have no comment understood I have um excuse me uh it was out of context thank you okay M stuffy do you think that applicants have paid the Sid uh for their support um I think nothing at this time regarding any other applicant in their involvement with the Sid do you think that you were required to pay the Sid for their support I do not okay on page five of um this initial resolution um and again it doesn't matter it could be but the the board felt that locomotive lacks credibility with regard to your connections with the Sid what have you done specifically to improve your credibility with the Sid and I want specific people that can attest to that if you could name them I would prefer to leave those individuals out of this testimony um otherwise I would have brought them here today and have given would have given them the proper preparation for that type of conversation uh some of the things that we did do though um were recommended by the CCB as well as the Sid we ended up having a um let's call it an open house if you will where we uh crowd the community to meet us at a downtown local establishment where we invited every single local business in the Sid as well as many different neighbors and community members um to join us in a kind of informal but formal introduction to the neighborhood Who We Are that was June 30th uh 2023 22 22 22 um and that was held at Grayson Mal's so mustafi from the time that you appeared initially before this board in 2022 um and two years later you still have not satisfied um the board's initial concerns that you had not um established a relationship or gained support from the Sid you have submitted no evidence uh either in writing testimony you've not identified any individuals that can attest that um the Sid has any support for this project is that correct I'm just going to object to the question to the extent it mischaracterizes the ccb's prior um uh finding okay well can you identify the evidence then mfy that shows that the Sid supports this project not they did not make a finding that the Sid needed to support the yeah I don't have the resolution in front of me it's not and and nor would that ever be a standard and I'm not asking that question I don't care what what no I'm not I'm just asking if the Sid if you have I'm asking if the Sid if she has any evidence tonight submitted in the last two years to show that anyone from the Sid supports this project that's my question whether or not it's relevant in this or not not asking that I'm just asking in the 2-year period from we were here last has anything been submitted uh in the record to show that the Sid supports this project that's my question so you you withdrew the prior question and now you're asking whether just just to for the sake of clear record you are now asking a different question which is is there any evidence that any member of the Sid outwardly supports within the last two years with outwardly supports this rather than taking no opinion yeah you're making that uh you're making your own question up mine was very simple has it been and do have you submitted any evidence in the past two years to this board that the Sid supports your project um based on the way you previously phrased that with it being a requirement no we have not because it is not a requirement that meets the standard for this application okay I don't have any further questions for her right now all right thank you anyone from the public have questions and questions only of this witness all right hearing none seeing none um anything else counselor from yes we have another witness um two other Witnesses actually um Panda Glover all [Music] right I'm sorry we don't looks like we don't have enough room at the table so please raise your right hand do you square affirm the testimony about to give you the truth the whole truth and nothing but the truths help you God all right please state your name spell your last name and give us your address and speaking to the mic oh we need a microphone ah Frank what you do Frank stole it oh my God you see that never trust an attorney that's right got me hello good evening I'm Panda Glover uh how do you spell your last name Glover g l o v e r thank you you're welcome uh 73 oron Avenue Jersey City New Jersey 07305 you're a witness Mr Jacob um could you please uh to the let the uh cannabis control board know whether or not you support the application and if so for what reason yes I support the application we may have a hard time picking you up so next time just you can turn to her but make sure you're speaking in the microphone got it I'm Sorry Miss glver go ahead yes I support the application is that on is that microphone on just tap it there we go all right yes I support local motor application yes you describe a bit your background with Mr s yes so I'm piland Glover I wrote a little something down so I'm Panda Glover and I'm am the founder and executive director of my nonprofit sa few of the nonprofit sa F I am here today to speak on to speak to saf's partnership with local motive and the great work we've done together over the last few years with Chelsea's dedication to saf we've been able to create a to create and maintain longlasting programs for the Youth of Jersey City as she mentioned we've covered everything from Health hygiene and N nutrition to the anti-bullying and social media awareness classes for various Public Schools parents and children together we've built Community initiatives that have aided those most in need with the goal of saving a few or as many as we can save with local motives approval and advancement we will be able to continue doing great work this summer we hosted a success F summer camp program with at ps15 that will carry on into the fall after school programs um along with that we're preparing for our multiple fundraisers for breast cancer awareness month and as well as Black History Month next February locomotive and Chelsea are not only an assist to saor few but to our kids and all of our Jersey City thank you thank you anything else no more questions Frank do you have any cross I do not all right uh next witness please oh I'm sorry do any of the board members have any questions forgive me all hearing none seeing none Mr M I just have one question go ahead um speak up okay you can hand him the mic we can go back and forth here I just want deal my only question is do you have any uh financial interest or other interest employment Etc in locomotive any inut are you employed by locomotive do you have a financial interest in locomotive they can you yeah please answer with the microphone thank you we have a relationship they give back to the community so in other words you don't work for them uh all right that okay all right next witness AO laboria good evening how are you good evening all right please raise your right hand thank you affirm the testimony about to give you the truth the whole truth and nothing but the truth to help you God I do please State you can put your hand down please state your name spell your last name and give us your address AO EI I KO o last name l a b ASM boy o r i a uh my business address is 321 Route 440 S 3 Jersey City New Jersey you're a witness Mr Jacobs Miss laor could you please describe your relationship um with Lo microphone your Rel relationship with locomotive if any and also describe what it is your organization does so I'll start with the latter first sure uh my name is a laboria I'm the founder of the flow initiative which is a period poverty menstrual Equity organization we are local State national and even International um I am a founding commissioner on the Hudson County Commission on the status of women and girls working with Commissioners in Hudson County I serve as the chair of the Menor it subcommittee of Thrive New Jersey which is a reproductive Freedom uh Coalition of over 90 organizations across the state um I also serve as Secretary of the Jersey City Women's Advisory Board um I think that's enough for now um at at we Chelsea Duffy and I have collaborated on a number of initiatives she really um this has been for years um before I even knew that she was in the Cannabis World um we worked for uh together and together actually we really pushed the free Menor products in school bill which is now the state law New Jersey she helped us have group meetings with students across the city it was through this effort that we were able to present data uh to Trenton uh on a bill that had been sitting in Trenton for over seven years and it was because of her help that we were able to obtain this data across Jersey City and present it and it was the deciding factor um we were present uh signing this bill with Governor Murphy last August and it's actually the bill uh you know the law St the law of the land as of September of this year um I can say we've also worked uh currently working uh in seeda which is the convention for the elimination of discrimination against women which is a un uh uh convention and we're working through this with the Jersey City Women's advisor board this type of legislation will create new standards and guidelines for women and girls in Jersey City from eliminating discrimination long-term investment in women and helping Empower more women in elected office and the the last of I would say working together with Chelsea in the league of Hudson County League of Women Voters where we have uh been able to register people to vote been able to again go into communities marginalized low resource lowincome communities um and really uh just do a great cultural shift um in Jersey City with the help of Chelsea Duffy um and it's just been purely you know for this the Good Will of Jersey City do you believe that local motive would have a good Community impact in Jersey City locomotive has already had a good impact in the community of Jersey City if we look at the years that she has invested and again working with Chelsea not even knowing that she was in the Cannabis space for several years and then you know I found out about it um and so uh it wasn't something it wasn't we didn't start working together because of this we started working together because she has deep uh love respect and really looks to advance the community in Jersey City is it fair to say that locomotive has a genuine desire to impact the community outside of just a business interest in doing so oh absolutely 100% um I mean I don't not quite sure how many folks I know I keep hearing the word Sid I'm not sure how many people sit on that board but um I can just know for sure she has changed the lives of hundreds of people in Jersey City um and I know that if they could be here supporting her at this time they would it's been really instrumental from menstrual packages to back to school to hygiene kids to mentoring you know so many young people need mentorship in this city they just want someone to rely on she does this with the Lincoln High School basketball students um just I think I don't think there's ever been one time that I've called Chelsea and she's not ever been there to support me so she's already made that impact thank you that's all I have thank you uh any of the board members have questions questions for this witness Frank how many years have you known Chelsea five and I'm GNA ask the same question I asked the other witness um do you have any financial interest in locomotive no and the second part um are you employed or do you anticipate being employed by locomotive in the future no thank you that's it all right nothing from the board members uh next witness thank you very much mul Operator just one moment of course uh could we please swear in Mata would you please raise your right hand do you swear airm the testimony about to give you the truth the whole truth and nothing but the truth to help you God I do all right please state your name spell your last name and give us your address uh Matt simuka c i m i l u CA and at 47 Dickman Drive Lavalette New Jersey that's quite a commute to come up here your witness eight years in Jersey City I had to yeah that was my next that was my first question uh you live in Lavalette now um you uh did you ever reside in Jersey City yes uh eight years uh I ran a small business here I I was an IT engineer for years um uh and I actually actually helped start up anco all their infrastructure there for a lot of small businesses so it was that was kind of my first start in the in the city here um eventually I kind of transitioned out of that uh you know I was always more F fascinated with real estate and and cannabis I was a dispensary administr uh manager uh for the in the medical program for three years um so I got a through Co actually so it was very humbling experience just trying to to go through that and and and run that whole sector um through very tough time um through a lot of uh you know handling a lot of the patient needs as well um I unfortunately had to leave the city I had a condo on the heights I had a cell um to help fund this project um I'm actually a manager in the entity of the building uh that we that we were residing in um so we do we own the building that we're in um and it's been a it's been a daunting process uh you know if it wasn't for the building we would be open now we had some pretty bad structural issues inside um and that's the you know kind of the the delay on a lot of the buildout sort of things there um and they're actually you know being being worked on as we speak so we're excited to see some progress there so um and and and just to be clear the the last time you were before the board uh the building that you were um planning on operating within um was was to be sold is that correct correct we were under contract to purchase with a different entity um and then the entity changed upon purchase um um but the nothing else of that changed um ownership anything and and uh has the the new lease with and when you say we let's be clear you don't mean locomotive bought building sole as to the entity that that owns the building now yes you let the let the uh cannabis control board know what entity owns the building the uh 155 nework AB LLC um is the is the new entity um and that's who the lease with local motive is and I'm that would be the landlord correct I'm a manager of that entity independent of loc independent of local motive so just uh clarify when you first appeared here there was a completely different owner of the building that you were leasing from it was a different entity okay so clarify that the entity changed from I was always a part of it but the just the LLC entity changed um upon purchase okay so you purchased the building under an LLC correct and once you bought the building you changed the LLC correct did the members change uh no and and you you've submitted to the Cannabis control board the new lease um correct correct cor and the the state has the new lease as well which which was needed for the conversion okay yeah so so you submitted that to the state and and thereafter the state granted locomotive an annual license correct anything else all I have members of the board any questions for this witness hearing none seeing none uh Frank go ahead sir besides doing charitable work what specific measures has local motive taken dates times names of people to obtain the support of the special improvement district um I we've had multiple meetings with them the last meeting I had was on uh July I 27th of 2022 um we gave a great presentation I believe your client gave a presentation as well um and the Sid took no position on any cannabis businesses at the time and we're actually a you know not local motive itself but in terms of the entity of the the ownership of the building we're you know we're a member of the Sid in that regard we pay taxes to the Sid um you know we we've had no negative feedback from the Sid they've there's there's been no issues um so I I don't know how else to answer your question so um you were aware sir that the special improvement district was sort of a focus of the process up until today do are you aware of that uh I to the question I I don't understand it I don't think I do either Frank just okay well let me restate it um you you of course in preparation for this hearing looked at the transcripts of the other meetings correct that we've had correct I was I was present at the meetings as well no I'm not I'm asking if you reviewed the transcripts in preparation for this evening their relevance I'm asking if you reviewed the transcripts you did okay and so you know and you know the issues that were identified as weaknesses with your application correct I'm going to object as well I mean I I have to say what basis well the basis is I mean it's relevance just generally speaking because but it was it was asked and answered by Miss Duffy but this is a different witness if he can't answer he can't answer if he can he can objection overrule I guess it's tough I mean the last meeting we had with them there was no negative feedback and they take no position on cannabis applicants I I don't really know what else to say they they never take a position on any cannabis app do you know that to be a fact correct okay yes okay okay so is your answer that in reviewing the transcripts you didn't identify any issues that you thought you needed to address this evening don't don't don't be nervous if you can't answer it you can't answer it you don't need to look to Mr Jacobs jump up and object if there's an issue but if you can answer it yeah I don't believe there was any issues or weaknesses um okay you didn't read the transcripts did you I've read the transcripts in preparation it's okay if you didn't yes in what do in preparation yes I've read the transcripts if that's what your question is I don't know what you mean by preparation in preparation do you yesterday or or a year ago my question is um since you just testified that in two years since July 22nd you have not had a meeting with the Sid that's what you said so my question is in going through and pouring through these transcripts and preparation for this meeting tonight did you identify any other weaknesses in your application that you felt was important to address this evening that's been asked and answered he he said he reviewed the transcripts and he said that he doesn't know of any other issues oh okay is that the answer sir that's what he said no I'm just at yeah confirming yes there's no other issues I've reviewed it and we we've met and there are no negative feedback on our application and there's been no further issues that have arised I mean the question may have to be somewhat qualified issues with respect to the Sid that's your question okay uh no but that was my initial question now I'm asking him because he testified that he prepared for this meeting and read the transcripts were there any other issues and thank you for the other than the Sid any other weaknesses in your application that you identified in your preparation for this meeting this evening um the only other issue was was the question of site control on our first uh meeting which we've clarified all right okay so so sir just to confirm you believe that the only issues identified were site control and the Sid you objection the beginning of your question the first time you asked this line of question and you said excluding all Community impact and then you went into this line of question I didn't I never used I never used that phrase I said other than charitable work that's what I said okay sorry I that's what I meant when I when I said that but other than charitable work this this is not complicated I'm just asking him in reviewing the transcripts other than the Sid and sight control were there any other issues you identified that you felt like you needed to address this evening and Min is community impact because they're they're calling it charitable you're calling it Community impact you know all right okay he said that is his attorney said that well he's not a witness so sir is that is that your testimony that's my testimony okay and do you believe that you've addressed that issue this evening yes okay um have sir have there been any criminal complaints filed against locomotive or any of its principles in the last year no okay what about the last two years no ever no okay that's a valid question a criminal complaint yeah has been no criminal complaints no about that's something that would wind up in a court typically correct or any civil complaints how about civil complaints against locomotive besides my lawsuit of course any other lawsuits other than the garden greens filed a civil complaint okay for a yeah for distance issues which were resolved okay so other than the garden greens complaint and our complaint have there been any other uh legal actions filed against locomotive or any of its principles owners or employees no okay and by the way who are how many currently how many uh employees do you have employees or partner employees employees none none no no employees for ownership Partners okay and just could you just tell me who they are please again sir myself Chelsea Duffy Nicole cologne and Ratcliffe Bennett okay and what percentages does each of those people own in the in the Venture Chelsea and I are 43 and a half each Nicole cologne is 8% and rcl's 5% okay and um 51% did you did you can you please just mention what the status of your construction is for your project there's more than one woman um the building is currently undergoing uh demolition so have you obtained um building permits uh we submitted an interior demo permit um and that's that's been it as of as of now we're waiting for the rest of the construction of the building which is not a part of our entity so I'm sorry um you did you receive a building permit for the Corin shell for which entity you for the dispensary that you're trying to open we we cannot do so until we we file an interior demo permit until other things happen with the main entity with the building we cannot file those permits okay so is it fair to say that you have ceased um progressing with the project that's incorrect I I didn't finish my question let him finish okay so is it fair to say that you have um ceased your progress with this project until the litigations are resolved no okay so you are proceeding at risk sir I guess so yes do you have insurance for that not sure how to answer that question yes or no if you don't know you don't know uh no okay I'm going to reserve to make a you know this a comment at the end I do want to address the reasons we filed the suit and what what actually it's about so but that's all I have for this witness thank you all right I just want for the record I just want to let you guys know the um Sid does give a letter and support we've had letter and supports before for other um entities that have applied just wanted to put that on the record if if I if I could ask uh the witness another question um of course redirect redirect um speaking to the mic you can move that when when you met with the Sid at the Cannabis control board's recommendation did they tell you whether or not they were going to um approve or recommend your application Andor did they tell you whether or not they disapproved of it no their specific words is they're not taking any position on any cannabis applicants I don't know what they did prior to that but at that very meeting yeah and and and at that same meeting did any other cannabis applicants present to the Sid yes what was the name of the any other applicants that up that gave a presentation to the Sid during that same meeting that you presented to the Sid um I think they were named ocean front at the time which is now Downtown Flower and is that the same um applicant that uh Mr Vito represents yes and did the Sid during that meeting say that they were going to approve a recommend ocean fronts application no they did not so they told both of you at that same meeting that they were not going to take a position with respect to cannabis applications before the CCB correct no further questions I'd like to redirect uh anything from the board no that was all I wanted to just say because I know we've received um supports and others sure this particular Sid or other SIDS no this particular Sid you're talking about the um downtown Sid right pedestrian Plaza yes okay all right do you recall which ones not off the top of my head but I know I've received one from Rachel seed okay Frank since you had that meeting that you just referenced in 2022 how many times have you personally reached back out to the Sid to see if they'll support your application um we we have not had a chance to reach out I've had to reach out on other matters for for the other entity related items but um unfortunately we have been in um some pretty ongoing litigation over the last uh year and a half or so which is um you know we've we've tried to get through first and and still currently going due to your client okay and you mentioned my client you said that my client um did not get uh a letter of support um are you aware of my client's relationship with the Sid uh I not so would it surprise you that the Sid is a big supporter of our client I I I I guess so I don't know how to answer that okay that's it thank you so Frank did your client get a letter something written from the Sid saying we support Downtown Flower or whatever ocean I would have to call them it was it was dur I don't recall I would have to call them I believe and I'm going off memory but I believe in in their resolution of support from um this board that it was stated that they they did not receive any support but that um and it may have been on the record maybe not in the resolution but that there was recognition by the board at that time that the Sid was not endorsing any particular um applicants so I believe that's part of the record in there doesn't it doesn't really matter for this it's just it gives context because some time has gone on since we originally um locomotive originally applied and um you know maybe the Sid has changed its position since then but that that was that was the original application I would also like to just hold on one second because he just he's characterizing my client's application and we're not doing a case within a case I just asked him if he was aware there was testimony on the record during my client's case that they had strong support from in the Sid now whether or not there was a letter or not I don't know I'll have to ask them but my whole point in the questioning was that they don't have the support and we do that was the only thing I was trying to say board understands go ahead let's move on yeah and and I'd also like to um if I could give just a little bit of context um to the board on uh there was a uh litigation mentioned Garden greens and I think it's important for the board to know I was I was uh attorney for locomotive in that case um just for contact Garden greens filed a lawsuit against my client in another cannabis U business um arguing to the court that if the um city were to Grant a license to um or maintain the license granted to locomotive and this other uh establishment then it would violate a 600 foot rule that's in the ordinance and uh the court dismissed that case um at the very onset and said no it's it the the applicable test is whether or not the when the applicant applied whether or not there was a a cannabis establishment at the location or within 600 ft at that time so time of application rule that the court clearly expressed and so that case was dismissed immediately but I wanted to give it some context as to um the other lawsuit that involved the locomotive all right any other Witnesses that's it all right uh we are going to let Frank give some comments and then you can sum up fair enough thank you very much Mr chair oh I am not the chair Council I'm sorry this is my third Hearing in three days I get so I don't even know where I am right now I get it I get it um so just just a a point of clarification on the lawsuit we filed an appeal um not based on um what council was just talking about about the distance between the shops and all that we filed the appeal because when the reman came back to this board there was no record it was a straightforward appeal we just said I think there was a misunderstanding uh that the judge had decided the matter and that the board had no choice but to uh uh vote in favor of the resolution and and really if you read the judge's order I can totally understand that because he said you have to have a a vote but you know the board took that as a vote of approval so our suit was the that the board already considered this they already denied it and that the the judge wanted more facts and findings on the record and so when I came did the judge I'm sorry did the judge ever mentioned the first resolution which was probably about 18 Pages you know it's just that I I agree with you Council that his first ruling I don't know uh where he really came up with that nonetheless he sent it back and he wanted findings of fact and conclusions of law on the record and you mentioned the um support from the city council and you know has it been vacated um we fully intend to go to the city if if this application is denied and ask them to vacate their resolution of support because without your you know your one leg of the three-legged stool so this the way the ordinance reads is without this body's approval you cannot have a city resolution of support so of course we're going to seek that remedy with the city council if if um but didn't the city council do that once before they had the 18-page denial yet they gave this applicant to Municipal support no no they issued their support based on the remand ah okay and then the approval that we thought was and that's the whole thing like I kept telling the judge judge you cuz he was struggling with this too and I said you can't have a resolution from the CCB that has no findings you can't just let that go there has to be findings of fact because the city council didn't have it they just had what you guys said was oh the judge told us we got to approve it that doesn't work so that that's the that is the guts of the appeal and while we're here today and I am frankly and this is my comment part of it I am shocked that this applicant other than uh what appears to be good chable works with I think is great but other than that they did not go back and try to cure and address all of the reasons why this board denied this application in the first instance and they had two years to address all these issues and they really haven't addressed them and so for the same reasons that this board denied the application in the first instance it is our position that they should deny it again um it is not true that um our client didn't have support from the S because they worked really hard with the Sid they made it a priority they wanted to be good stewards and members of the community um it's shocking that these guys have not reached out in two years on the very issue that was this the central point denial for the whole application and so I you know our position our client's position is that speaks to a larger issue which is that these these guys aren't ready for prime time they don't you know they're not ready to operate this business here when they couldn't even um satisfy or address the primary concern of this board so um even either they weren't listening um they weren't prepared or they don't care so um that's our position we think the board should again deny this application for the same reasons that it did or similar reasons on the first go round um I was expecting a full evidentiary hearing tonight with all sorts of testimony from their operations people their people who are going to run the business and all instead it was just sort of you know we did all these good works there's lots of companies that do good works doesn't mean you have you were entitled to run a cannabis business um and so listing out all these things again great but on the guts of why this board didn't have confidence in this application it was cuz they didn't think they had ingratiated thems with the community and the business community and addressed their concerns they still haven't so until that is remedied we don't think this application deserves to move forward let me ask you this Frank so I know you that you have you have highlighted uh the issues with uh the the Sid um and I know there's a lot more in that first resolution I I just can't even though I printed it out I can't remember were there any other issues that you are able to highlight that you feel the applicant has not addressed there's one of the issues is a lack of credibility to which witness okay with pointed to you okay in the business community in general that was one of the findings um I didn't hear any testimony that there were efforts to improve her credibility in the business Community I know there was lots of testimony that in the nonprofit Community she certainly has done terrific Works she had witnesses that came up here this evening who said that she's the greatest thing than sliced bread again I you know I think that's terrific but it was the business community that was that was the the focus what what have these guys done in the business Community to improve their relationships and to ensure that you know they're going to be good for this uh District I understand anything else yeah let me go through my notes a good case there was a continuing theme in this resolution that there was no documentary evidence to back up a lot of the claims that were being made and I you know there's there's a couple different paragraphs here I don't know Council whether they have supplemented their application at all I haven't received anything other than the lease I don't believe the board has so again not a single piece of paper has been what are some of the items if you can just quickly I mean there are things that um for example Community impact plan for example applicant um testified and led the board in public to believe the applicant was supported by the city council president applicant failed to profer evidence confirming the city council president supported the application I mean I don't know if there's been any evidence submitted I know that was a sore spot um for even bringing that up but I'm sure there's been no evidence submitted to to prove that that's one I mean there's there's like four or five of these in here where no documents um were submitted in support um you know a couple of these are are moot there was no documents to support that they had sufficient control over the property um there was a question about the entity they had submitted no records to prove the entity that they were claiming um they had uh an interest in um I mean there was a lot of holes in here and I you know I don't think there was a single Paper other than the lease submitted to supplement This Record lack of ties to the area um that's another point in this resolution that they found was a weakness lack of showing ties to the area not so much Jersey City but this particular area correct the board finds that the applicants community outreach was insufficient and misleading to meet the requirements for local support that was another conclusion of I mean I don't know what the judge was looking at there's plenty in this resolution plenty of specific findings so I was I was thinking that there was going to be a whole new hearing they were going to go back to square one one and prove that they've remedied all this stuff and have all this new evidence and testimony that's what a remand is at least what I think a remand is and instead uh when we came here tonight we just got a lot of window dressing in my opinion and again I don't mean to demean the charitable works I think but it really was just you know we're good we've done these nice things we have these relationships with nonprofits okay but what about all of the issues that were identified in the uh in the proceedings to date we understand thank you Frank good now that the floor is now yours uh Mr Jacobs to tell the board anything you want we we've heard a lot from Mr we've we've heard a lot move that closer if you prefer we've heard a lot from Mr veto in this application he spoke once during the initial hearings he spoke again on remand and now so this is the third time he's speaking in connection with this application and let's be clear with respect to who he represents he represents a competing cannabis business that's very close um to the Cannabis business um that locomotive seeks to operate how close he it's on the same Block it's within the it's within the same block on Newark Avenue he they applied after locomotive applied they were heard after locomotive applied and they have a a vested interest in knocking locomotive off they filed a lawsuit against locomotive um this is all well documented you know this is a competitor who is Seeking a competitive advantage and it's his right to do so on behalf of his his client but this isn't a random member of the public who is speaking out against locomotive when you heard from the public when you heard about locomotives Community impact it's incredibly impressive and this was before locomotive was even a business M stuffy was diving into the community in Jersey City she is fully invested in uplifting these communities she spends an incredible amount of time doing so and for it to be merched or diminished as just community service or charitable work is really demeaning and it it it it's it it's really I mean it's clear that it comes from a competitor but it really overlooks the impact that local motive has had on the community already and it hasn't even opened its doors it's been fighting in two litigations it's had to you know it it it had a resolution denied had to go to court and have judge Tula say that the wrong standard was applied so then we came back and then they went to city council and city council approved independently reviewed their application and said this applicant meets the standard for Community Support in fact you know on the record they said they have the same Community impact they have the same plans as everyone else there'd be no non-arbitrary reason to deny them um and they said that understanding that you know there was the this other stuff out there um so Mr Jacobs yeah I I I know that uh Mr Rola said that the municipal basically just looked at um the the second resolution and you are now suggesting that the municipal Council went through all of the documentation that this applicant submitted to us they did an independent review how do you know that because Council one of the council memb said on the record um they have the same M us as everyone else this wasn't a pro forma rubber stamp this was a review of their application fair enough um all right you know and and and and frankly that shouldn't be surprising they they have more you know if you're going to compare them to the average business that has seek to operating I mean they're you know Chelsea lives in Jersey City and works here Matt lived here for a long long number of years since moved out because he had to because of this litigation and and to pay for it but even still he works in Jersey City they know Jersey City they live Jersey City they're in the community they're sponsoring coat drives if you compare them to the average applicant that's been approved for local support they're Leaps and Bounds ahead of them um they they want to operate a business here they they want to be involved in the community this isn't like they're coming from out of state or they're coming from out of town and they're just looking to make a buck it's clear that they care about it I mean you heard the witnesses you know they they spoke passionately about how locomotive in Chelsea has had a huge impact on hundreds of individual ual in the Jersey City area I mean this isn't this isn't an applicant that that doesn't care and the idea that the things that were add that were that were addressed as issues the first time around weren't addressed this time just isn't true like one one of the issues was Community impact you know one of the conclusions was locomotive hasn't shown that they would be good for the community I think it's clear from today's testimony that they would be you know one of the issues was local motive has not established site control I think it's clear submitted the new lease local motive has a lease to to occupy the space at 155 Newark AV and intends to do so as soon as the building is fully constructed and they get their license now they've been hindered this whole time because they've been in litigations for a business that hasn't made a single Dollar in operating they they've been tenacious in trying to get a license because they care about this and they care about the business and they want to operate here in Jersey City most businesses subjected to the type of adversity that they've been subjected to would have walked away by now they would have said forget it we clearly have you know people who don't want us here you know at least one competitor who doesn't want us here you know enough is enough but they haven't you know they they've shown passion and commitment to operating here not in another city not in another town but to operating here in Jersey City and it's not again like they've met resistance from a community at large they have support from the community they don't have support from the one competitor and that's who you've heard speak against them tonight one quick question Justin so were were you at the uh Municipal council meeting so you heard a member of the council say hey I've reviewed their MO memorandums in support or whatever it's called he said something along the lines I don't have the I was not there I watched it it's it's the you know it was on they had a YouTube same thing okay yeah all right all right yeah yeah yeah and I I don't know the exact I'm paraphrasing but it was something along the lines of they have the sameus as as as you know other people or the same type of same quality of M all right all right so uh back to the board for uh discussion with respect to this uh application I want to go in uh make a motion to go into work session all right so GNA see that all in favor any oppos so this gets a little ambiguous uh this work session is not a give and take you've got to let the board members say what they want to say without responding however if they do ask a question of of either Council or any of the folks that have testified this far you can respond but not it's not a give and take okay so uh I'm sorry I didn't mean to yawn say that again I'm sorry I didn't means he gone you got kids come on you insulted me anyway um I've sat through this application I think this is the fifth meeting um the three meetings for the first application and there was a lot of issues uh you know there was uh ambiguous statements uh made there were statements that couldn't be verified um there were a lot of issues that after the first hearing we asked the APPL to go back which they did they came back they still did not answer the questions that were pertinent to the hearing they came back a third time and the board uh four out of five one board member accused herself but four members of the board unanimously voted against this application based upon a number of things uh some I've you know uh we've heard tonight were corrected but it was put into litigation came back to the board and as that hearing came about reading the court order uh it was convoluted and it appeared to me and the other Commissioners that the judge found against us and that we should vote for it which we did because you know not going to say no to a judge right now this came back again and I was expecting a far more detailed and again uh prior to the meeting I asked mayor is this a brand new application uh no it was continuing application but I expected more detail in the issues that were raised the first time around uh and I'll be quite honest I have no love for multi-state operators I think there're a sin on you know the Cannabis business special local operators but with that said I expected more detail today in regards to the relationship uh through their first application since it's a continuation of that application the involvement that was requested over three meetings more in input and I look I'll applaud you for uh you know going out to the charitable organizations but still came down to the first reason uh that was denied was that we wanted more input within the local neighborhood of where this going to be and this neighborhood has wound up with tons of cannabis businesses both local and that's my concern right and uh multi-state operators at this point I still haven't you know heard any more evidence in the years that past them going and getting support from not terrible you know worth worthwhile organizations uh but within the surrounding areas of Newark Avenue and you know no evidence were testimony from any local people within the neighborhood coming here to testify in their behalf and particularly in that neighborhood that we're that they're looking to open is crucial due to the fact that we have more than one business already operating uh we've had some concerns in that neighborhood with not being good neighbors or receiving the support that they need which has been a dying um it's crucial to engage with your local business what you're doing with the both um ladies nonprofits it's absolutely commendable being a woman knowing that we are a poverty city um period poverty City I commend you for that and I I applaud you but I would like to see more listening to watching the uh YouTube videos reading all that I've read from your I wasn't here for your initial application that is the major concern coming from a business oriented family we have several small businesses in Jersey City that are very successful thank God that is important to be good neighbors is to communicate and to engage with your local business and and including the Sid as well not only the Sid but also your your neighbors your actual neighbors that's what I thought we were going to see because I did ask the same question Jeff asked is it a new application so I would go Sim through I thought I had to look at something else and it was and it's the continuing application that you guys went through and had to go through um uh what looks like a roller coaster right um to get to where you're at now but that still is super important for me um because there are more than just one business and when you have more than one business you don't want to tank the business you want to be able for everybody to eat and for for it to be fruitful but also our major concern and at least for me in that particular area is good neighbors and because we're we've experienced already not good neighbors in the in the area so that is that's my biggest concern Jeff is that I thought we were going to get more of a of uh of the businesses in that area to come and and speak on behalf um of this business so again um I have no love for multi-state operators but this application has been you know and again I sat through all the hearings there was a lot of requests made and they really haven't been answered and they still haven't been answered granted you you know you now have control the building granted you uh have some uh charitable organizations but you still haven't gotten to the main issues that we came up with of local support you know so you know I I'm not convinced and again I'll be honest I voted the second time around to approve it because I thought the judge that's what the judge said you know and apparently after seeing uh his comments that we have to hear it again is well if that's he wanted to see more evidence that we have a full hearing but we didn't have a full hearing today we still haven't addressed all the main issues that was the reason for the initial denial uh Mo anything else motion to go back into motion to go back I'll second all in favor I any opposed so you know I'm sorry uh you know I thought it was going to be far different than what we heard today I am still not convinced that our initial denial of the application uh was wrong uh I'm going to make a motion to deny the application is there a second um I'm going to have the second roll call commissioner klewitz I commissioner Marte Dublin I all right U the board has decided not to provide uh support for this application best of luck okay all right we've got we're not an MSO I don't know if that no I I'm saying I'm not in favor I'm saying that they're in MSO and I don't like them all right so except no he was talking about I like local and I wanted to hear from you to justify my you know vote yeah we're just going more commissioner if I make one more com there's nothing there's nothing else on the record I can't I can't do this it's we know it's going to be I guess litigated as it is so uh I'm I apologize but there's nothing else fine job counselor fine job take care all right uh we've got uh uh three resolutions to uh memorialize the first one is JC uh element uh is there a motion to memorialize motion all right all in favor I all right that passes Earth company uh is there a motion motion all in favor I and then the last one was um I'm sorry glue uh glue Lagoon Lagoon recused yourself right recused we didn't we didn't recuse no one sorry that was Garden greens yeah that my my fault all right um is there a motion motion followed by a second I all in favor I all right so those okay motion to um adjourn adjourn oh and by the way I'm not sending that letter which I sent out in correct because the council is uh amending the ordinance this evening assuming it passes with a majority vote all right I will wait to hear if something else wait did anyone second my motion to adjourn oh second all in favor hi mayard