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HomeMy WebLinkAbout2.1 Minutes of the September 24, 2019 Committee of the Whole Meeting 10/4/2019 BoardDocs®Pro IL Agenda Item Details Meeting Oct , 2019 COMMITTEE OF THE WHOLE MEETING Category 2. APPROVAL OF COMMITTEEWHOLE Subject 2.1 Miu f the Committee of the Whole Meeting - September 2 , 201 Access Public Tye Action Public Content 09 24 . Administrative Content Executive Content https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/1 IMMI4191fIWfIWWVMIXMWIIMIpININNINNIVMWIIYIYIIIWIIIIIIIIIW.YWWWIWWWI JOINT VILLAGE BOARD AND PLANNING AND ZONING COMMISSION WORKSHOP MINUTES — September 24, 2019 — V Floor, Village Board Room Village Hall, 50 S. Emerson Street 1. ROLL CALL— CALL TO ORDER The meeting was called to order at 6:05 p.m. in the Village Board Room of the Village Hall, 50 South Emerson Street, by Mayor Arlene Juracek. Trustees present included William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli and Michael Zadel. Planning and Zoning Commission members present included William Beattie, Augie Filippone, Norbert Mizwicki, Sharon Otteman, Walter Szymczak and Lisa Griffin. Chairman Joseph Donnelly and Tom Fitzgerald were absent. Staff present included Village Manager Michael Cassady, Assistant Village Manager Nellie Beckner, Village Clerk Karen Agoranos, Director of Community Development Bill Cooney, Deputy Director of Community Development Consuelo Arguilles, Director of Finance Amit Thakkar, Chief of Police John Koziol, Fire Chief Brian Lambel, Executive Assistant to the Village Manager Doreen Jarosz, Village Attorney Lance Malina and Management Analyst Alexander Bertolucci. 2. APPROVAL OF MINUTES Trustee Hoefert, seconded by Trustee Saccotelli, moved to approve the minutes of the Committee of the Whole meeting of September 10, 2019. The minutes were approved by unanimous voice vote. 3. CITIZENS TO BE HEARD None 4. DISCUSSION ITEMS 4.1 Recreational Cannabis Act:Discussion and Options for Consideration in the Village of Mount Prospect Mayor Juracek provided opening remarks, emphasizing this evening's discussion will be the first of several and is structured to be a learning opportunity for everyone. Mayor Juracek welcomed and encouraged public input tonight and in the future through participation in meetings and through the Recreational Cannabis portal on the Village website. Mayor Juracek outlined the format of the meeting and welcomed members of the Planning and Zoning Commission who will play an important role as the Village navigates through this process. Village staff including the Village Attorney, representatives from New Age Medical Cannabis and Link Together Coalition will be available to provide additional insight and information. Village attorney Lance Malina provided details on the basics of the Cannabis Regulation and Tax Act stating Illinois is the 11 t" state to legally authorize private use and possession for adults age 21 years and older. Municipalities can determine where to allow the sale of cannabis within in boundaries. Mr. Malina reviewed what the Village can regulate through Committee of the Whole Page 1 of 5 5/14/2019 zoning including hours of operation and proximity to schools and parks. Mr. Malina stated that under the Act, a dispensing establishment may not be located within 1,500 feet of another dispensary.. Mr. Malina stated the Act allows for the creation of cannabis cafes and lounges at the discretion of the Village. Mr. Malina provided additional details of the Act including restrictions on advertising and the restriction of cannabis establishments within 1000 feet of schools, playgrounds, parks and hospitals. Mr. Malina provided details on taxation and revenue; stating the Village will receive 8% of state taxes whether we allow the sale in our municipality or not. If approved for sale, the Village can impose tax not to exceed 3% of the purchase price. Mr. Malina provided the following in response to questions from the Village Board • Landlords can prohibit use in common areas. • Village can enforce code restrictions regarding advertising, similar to Village- regulated video gaming restrictions, that are stricter than state regulations. • There are no limits on purchasing from multiple locations; however, there are limits on how much you can possess. • Mostly a cash business; however, two banks in Illinois are able to provide financial services to the cannabis market • 8% of total state taxes collected will be allocated to municipalities for crime prevention programs, law enforcement training and drug interdiction efforts • Village can impose a 3% tax on cannabis sales and will have some freedom regarding allocation • State regulates the hours of operation for dispensaries; Village can shorten but cannot extend hours of operation. Board Comments • Delivery points in the dispensaries are regulated • Current medical dispensary is very secure; expect the same for recreational dispensary Mount Prospect Police Chief John Koziol presented challenges the Police Department will face whether the Village decides to allow for the sale of recreational cannabis in the Village or not. Chief Koziol stated that legislation allowing the sale of recreational cannabis is a reality; it is now the duty of the police department to find ways to keep our community safe. Chief Koziol provided the following information and challenges the police department currently faces and will face when the Act becomes law on January 1, 2020: • No valid roadside tests to measure levels of THC • Hospital emergency rooms are often uncooperative when asked to draw blood to determine levels of THC due to liability and other concerns • Must rely on private firms to conduct blood tests but they are costly; approximately $400 per test • Conducting field tests for suspicion of cannabis use are complicated and requires more time than field sobriety tests for alcohol. • Testing can be done by Drug Recognition Experts (DRE) and extensive training is required. The Village currently has two DBEs on staff; anticipates two additional officers will need to be trained as DBEs. Committee of the Whole Page 2 of 5 5/14/2019 • Chief Koziol stated the department will incur additional costs whether or not the Village decides to allow the sale in our municipality or not. Chief estimates the cost to purchase new equipment to analyze edibles is approximately$120,000 and another$300,000 to test THC in blood. • A urine test can measure metabolites; to obtain a quantitative level of THC, a blood test is necessary. Mount Prospect Police Sergeant and Drug Recognition Expert Michael Angarola provided additional information. Chief Koziol provided the following in response to questions from the Village Board: • Act calls for an expungement of previous convictions of non-violent cannabis crimes; will not cause significant financial impact to Village to do this • No significant statistics available on cannabis use in the Village • The most reliable test that can accurately measure THC levels is a blood test. • Chief does not anticipate a measurable change in the department's job whether the Village allows or prohibits the sale within our Village. • Canine Alex will likely need additional training; Chief expressed the difficult challenge to "untrain" a dog. Board Comments • Important to educate public on impaired driving, effects of use and length of effect on individuals Public Comment Kris Zerfass and Hanna Caselton Link Together Coalition • Provided the Board with information and materials regarding the mission and goals of Link Together • Stated their focus is on educating our youth and raising awareness to the dangers of cannabis, alcohol, vaping, texting, etc. Commissioner Otteman left the meeting at 7:47pm Dan Murphy • Stated there are no positive outcomes for making marijuana legal • Only benefit is financial; feels Mount Prospect should prohibit the sale so we do not contribute to the problem. Teri Gens Complex issue that causes a lot of concern but stated there are two benefits: • Usage is unfortunately common and not regulated; regulation will lessen the dangerous components of usage. • Many cities where cannabis is legalized have reported a decrease in teen use. Director of Community Development Bill Cooney presented items to consider from a zoning standpoint should the Village approve the sale of recreational cannabis in our Village. Mr. Cooney summarized: • Recreational cannabis dispensaries would operate as a conditional use in the B-3 Community Shopping District and as a permitted use in the 1-1 Limited Industrial District Committee of the Whole Page 3 of 5 5/14/2019 • All other cannabis business establishments such as craft growers, cultivation centers, etc., would operate as a permitted use in the 1-1 Limited Industrial District. • Cannabis establishments, consistent with location restriction on establishments selling liquor, must not be within 100 feet from any school, church or hospital • Additionally, no cannabis business may be located within 1,500 feet of another cannabis business establishment • Illinois Smoke Free Act still applies Board Comments: • 100 feet is not a sufficient distance from schools, churches or hospitals • With the exception of dispensaries, would like the Village to prohibit all other cannabis business establishments (growers, infusers, etc.) • Prefer to control cannabis establishments as much as possible by restricting zoning to conditional use • Concerns regarding distance requirements and dispenser's proximity to parks were discussed • Representative from New Age Care Dispensary, Mount Prospect provided clarification and additional information on the state-issued licenses to operate medical and recreational dispensaries • Board understands the importance and need for medical dispensaries Public Comment Austin Mejdrich Rep. Mark Walker's office Mr Mejdrich provided the following clarifications: • Legislation will allow landlords the right to ban tenant use of cannabis on their premises • 3% Village tax is in addition to 2% sales tax. • Intent behind the 1500 ft. distance between dispensary legislation is to provide municipalities regulating authority regarding location of these establishments Mark DeSouza, CEO of Revolution Cannabis and owner of New Age Care Dispensary responded to questions from the Commission and Board: • The medical marijuana business helps those in need and prices are closely regulated by MSRP.(manufactures suggested retail price) • New Age will apply for a dual-use license from the State to operate a recreational dispensary • Will not market to underage persons Mayor Juracek thanked Mr. DeSouza for his candor and expertise. The Board provided direction for staff to examine this issue further and expand discussions regarding permitted use versus conditional use, zoning specifications and allowable distance to parks, schools, etc. Staff was given direction to draft sample ordinances based on this meeting's discussion. The Board solicited and encouraged input from the community and looks ahead to a second public meeting to continue this discussion. 5. MANAGER'S REPORT None Committee of the Whole Page 4 of 5 5/14/2019 6. ANY OTHER BUSINESS None 7. ADJOURNMENT The meeting adjourned at 8:42 p.m. Respectfully submitted, Karen Agoranos Village Clerk Committee of the Whole Page 5 of 5 5/14/2019