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Morristown council adopts resolution denying Ooma Flowers’ local license renewal after public testimony

Town Council of the Town of Morristown · June 11, 2024
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Summary

After extensive public testimony from the applicant, property owner and contractors, the council adopted Resolution R-107-2024 to deny the local retail cannabis license renewal for Ooma Flowers; the administration said the Cannabis Advisory Board report is a public record available on request.

The Morristown Town Council on June 11 adopted Resolution R-107-2024, denying the local retail cannabis license renewal for Ooma Flowers NJ following a lengthy public comment period in which the applicant and associated parties said construction is underway and urged the council to delay action.

During public comment, Frank Fotolo, speaking on behalf of Houma Flowers, said the Cannabis Advisory Board (CAB) report the resolution cites was never provided to the business and that the CAB meeting was not noticed to the public or to Ooma Flowers. "The resolution for your consideration this evening doesn't even set forth a single reason why you're denying their annual renewal," Fotolo said, urging the council to carry the resolution to the next hearing so the town and applicant could negotiate conditions instead of revocation.

Todd Goldberg, managing member of 100 Ridgedale LLC (the property owner at the proposed dispensary site), told the council that approvals and significant private investment are already in place. He said the site plan was approved by the planning board, required outside agency approvals have been sought, and "we are confident that Ooma Flowers NJ is a qualified operator, and the fastest way to open cannabis retail in Morristown is to stay the course."

Luke Pontier, land-use counsel for the project, reiterated that DEP and soil conservation approvals took time and that major construction steps have been completed only after securing those outside approvals. Robert McCarthy of Porter and Company, the project's contractor, described asbestos abatement and substantial excavation that followed planning-board approvals and said the foundation was poured the morning of the meeting.

Priyanka Patel, identified in the transcript as the company's founder and operator, said she and her family have posted $2,000,000 in escrow for construction and that the project has proceeded through planning-board signoffs, NJ DEP, the State Cannabis Commission and coordination with the utility. "There is no one here that is more incentivized to complete this project and become operational than me," Patel said.

In response, a member of the administration clarified the CAB timeline: the town received the renewal request May 24, the CAB met June 4 and issued a report immediately afterward; the administration stated the CAB report is a public document available via a records request to the clerk.

At the council vote on the resolution, the motion carried. The transcript records several council members voting in favor and one member recorded as voting no (vote recorded on the floor as read aloud during the roll call). The council did not adopt a postponement; the denial became the formal action of the body.

The council packet listed Resolution R-107-2024 on the agenda; the administration directed members of the public to request the CAB report from the clerk's office. Council members indicated they would move forward with the vote after hearing public comment.

The denial is recorded in the council minutes; the denial does not by itself affect the company’s state license, which is regulated by the State Cannabis Regulatory Commission. The council's next procedural step, if any, and whether the applicant will seek administrative review or a records request, were not specified on the record at the meeting.

The council adjourned after additional business and appointments were handled.