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10/07/2019October 7, 2019 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on October 7, 2019, at 7:30 p.m. The clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Tom Jester Mary Oppenheim William Seiden Dan Shapiro Barbara Struthers and that a quorum was present and in attendance. Also present were Village Manager Kent Street and Steven Elrod, Village Attorney. MOMENT OF SILENCE Those in attendance observed a moment of silence in memory of Jim Marovitz. He was a former member of the Plan Commission, the Village Board and the Board of Police Commissioners. He was a friend of Deerfield and will be missed. PLEDGE OF ALLEGIANCE Dennis Burke with United Way of Lake County led in reciting the Pledge of Allegiance. Mr. Burke reported 2-1-1 is a one -stop shop for help in Lake County. It serves as a central access point to health and human services in Lake County. It is anonymous, confidential and completely free. Mr. Burke explained 2-1-1 is similar to an employee assistance plan. To contact 2-1-1, go to 211LakeCounty.org, text 898211 or call 2-1-1. 2-1-1 provides real time searchable data and helps government determine what community members need. VOLUNTEER ENGAGEMENT Trustee Benton moved to approve the Volunteer COMMISSION APPOINTMENT Engagement Commission's appointment recommendation of Matthew Kustusch to the Board of Zoning Appeals. Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice vote. DOCUMENT APPROVAL Trustee Oppenheim moved to approve the minutes from the September 17, 2019, Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. TREASURER'S REPORT Finance Director Eric Burk presented highlights from the August Treasurer's Report representing 66 percent of the year. Sales tax net of rebate increased. The Village received a portion of the Lake County sales tax, as well as the final reimbursement for the Deerfield Road grant. Water and Board of Trustees Meeting October 7, 2019 Page 2 of 17 sewer billing increased from the previous month. Hotel tax receipts are up to date. Electric utility tax increased from the prior month and the same period last month but are still down year to date. August was a three -payroll month. Large expenditures include infrastructure projects throughout the Village. BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and Payroll dated October 7, 2019. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) PUBLIC COMMENT There was no Public Comment on non -agenda items. Mayor Rosenthal modified the agenda to change the order of items. ORDINANCE 0-19-28 AUTHORIZING At the September 16, 2019, Board of Trustees RELIEF FROM THE SETBACK meeting, the Trustees accepted the recommendation REQUIREMENT OF THE ZONING of the Board of Zoning Appeal regarding relief from ORDINANCE FOR A TWO -CAR the setback requirements of the Zoning Ordinance DETACHED GARAGE AT 800 CEDAR to allow a two -car detached garage for the property TERRACE located at 800 Cedar Terrace. Subsequently, the homeowner requested a variation form the Municipal Code for a continuous driveway of 34 feet. Trustee Struthers moved to waive the First Reading of the Ordinance. Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice vote. Trustee Oppenheim moved for Second Reading and adoption of the Ordinance and the 34-foot continuous driveway width. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) REPORTS CONSIDERATION AND ACTION ON A REPORT AND RECOMMENDATION OF THE PLAN COMMISSION REQUEST FOR APPROVAL OF A CLASS A SPECIAL USE FOR A WELLNESS CENTER IN UNIT M (FORMER Mr. Street reported the Plan Commission held a Public Hearing to consider the request for approval of a Class A Special Use for a 2500 square foot wellness center in Unit M in the 720 Waukegan Road building. The Plan Commission voted 6-0 in favor of the request. Board of Trustees Meeting October 7, 2019 Page 3 of 17 CALIENTO PHOTOGRAPHY SPACE) IN DEERFIELD SQUARE AT 720 Mayor Rosenthal questioned whether the employees WAUKEGAN ROAD (KIRBY LIMITED are licensed. Chris Siavelis, Senior Vice President PARTNERSHIP AND RESTORE LLC) of CRM Properties, representing center ownership, reported there is a registered nurse on staff. In addition, all patients meet with a nurse practitioner via Skype and follow up with a medical doctor. The petitioner explained everything goes through the medical doctor. The nurse and nurse practitioners are all licensed by the State. Trustee Benton moved to accept the report and recommendation of the Plan Commission regarding the request for a Class A Special Use for a wellness center at 720 Waukegan Road, Unit M. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) CONSIDERATION AND ACTION ON REPORT AND RECOMMENDATION OF THE VOLUNTEER ENGAGEMENT COMMISSION RE: DISSOLUTION OF THE SISTER CITY COMMISSION AND SAFETY COUNCIL Management Analyst David Fitzgerald reported the Sister City Commission has not met since the 1990s. The Safety Council has not met in a few years. Most of their responsibilities are handled quicker by the police department, Village staff and the Village engineers. Trustee Oppenheim moved to amend the Municipal Code regarding the dissolution of the Sister City Commission and the Safety Council. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) CONSIDERATION AND ACTION ON At the September 19, 2019, Board of Trustees REPORT AND RECOMMENDATION meeting, staff was directed to consider the removal OF STAFF RE: PINE STREET AND of the all -way stop sign on Pine Street and Anthony ANTHONY LANE STOP SIGN Trail. Gewalt Hamilton performed a traffic study in September. Dan Brinkman, Assistant Director of Traffic Services at Gewalt Hamilton, conducted a review to determine whether a multi -way stop sign is warranted. They performed traffic data collection, observations and reviewed crash data and found the intersection does not meet the minimum volume requirements. Mr. Brinkman noted the criteria is a "should condition" criteria, which means it is up to the Board. The Village needs to assure residents are aware that operations of the intersection may change. Trustee Struthers noted the stop sign was added in 2008 to assist children crossing to Wilmot School. Trustee Shapiro asked about the downfalls of keeping the stop sign. Mr. Brinkman stated people think vehicles will stop at the stop sign. This is a low volume intersection without a lot of congestion. Nothing is being damaged by keeping the stop sign. Mr. Street stated that noise and Board of Trustees Meeting October 7, 2019 Page 4of17 pollution issues can be considered a negative. Mayor Rosenthal added there is a false sense of security when there is a stop sign where it is not expected. Trustee Oppenheim moved to accept the report and recommendation of staff regarding the stop sign on Pine Street and Anthony Lane and direct staff to bring this item back to the Board after notifying residents. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) CONSIDERATION AND ACTION ON Mr. Street reported the Plan Commission held a REPORT AND RECOMMENDATION OF Public Hearing on August 22, 2019, which was THE PLAN COMMISSION ON THE continued to September 12, 2019 followed by a REQUEST FOR TEXT AMENDMENTS Workshop Meeting to discuss possible text TO THE DEERFIELD ZONING amendments to the Deerfield Zoning Ordinance ORDINANCE REGARDING ZONING regarding recreational cannabis businesses REGULATIONS FOR RECREATIONAL including dispensaries. They voted 6-0 to CANNABIS BUSINESSES, INCLUDING recommend approval with the following DISPENSARIES conditions: • Allow a recreational cannabis dispensary in Deerfield only as a Special Use in the C-2 Outlying Commercial District and the I-2 Limited Industrial District. • Limit the number of Special Use permits that may be issued for recreational cannabis dispensaries in Deerfield to one. • Require a recreational cannabis dispensary distance requirement of 1,000 feet from a high school consistent with the 1,000 foot requirement of a medical cannabis dispensary from other types of schools, daycare or child care facility. • Require a 500 foot distance requirement from property used for residential uses. • Require a 500 foot distance requirement from a public park. • Prohibit a dispensary from being located within 1,500 feet of another dispensary (State mandated zoning requirement) • Parking should be regulated in the same manner as a retail use • Prohibiting cultivation centers, craft growers, processing organizations, and cannabis transporting organizations. • Prohibit on -premises consumption. • Restrict the size of recreational cannabis dispensaries to not more than 5,000 square feet in area. The Plan Commission also recommend that in the event that the Lake County Recreational Cannabis Model Ordinance Task Force publishes model regulations or the State publishes administrative regulations related to recreational cannabis, that the Village Board consider such model regulations and administrative regulations prior to adopting an ordinance. Board of Trustees Meeting October 7, 2019 Page 5 of 17 Mr. Elrod provided an overview of the issue and the new state law. He noted the Village cannot change the state law regarding use and possession. This is about zoning. The Village cannot change, limit, restrict or modify the state law. He noted that any entity looking to sell in the Village would need to go through the special use process. The Trustees are not here to discuss a specific dispensary. If zoning regulations are adopted by Village Board, any entity looking to sell recreational cannabis must apply for a special use at a specific location and the location will be vetted through the Village zoning process. There will be a Public Hearing regarding any application for the operation of a retail cannabis facility. There will be a staff report generated and a vote by the Village Board. Dr. Ashley McGowan wants the Board to make an educated decision. Marijuana is addictive. The overuse over time changes the brain chemistry similar to alcohol and other drugs. Believes the following statements are false: marijuana is not that bad for you; proximity is not a problem when you have a dispensary in your area, and you can drive after using marijuana. Adolescent use in Colorado shows a 42 percent increase in towns with dispensaries. Marijuana is lipophilic and adheres to fat cells in the brain. Marijuana use changes motion, perception, reaction time, etc. If you get behind the wheel of a car and have been smoking marijuana, there is a reactional delay. If you use marijuana every day and are under 25, THC is visible in urine 45 days later. Marijuana of today is 10 times stronger than that of the 1960s. Dr. Terry Hanusa has practiced psychiatry for 35 years and is a Deerfield resident. He is the Director of the Substance Abuse Unit at Evanston Hospital. His expertise is clinical medicine. Dr. Hanusa feels adults want to do what they want. He is concerned about young people in the community. People are suffering. Just because something is legal does not mean it is healthy or safe. When someone uses marijuana for a period of time and their brains are not fully developed, there is concern that easier access will cause the community to suffer the consequences. Patrick Anderson has been a Deerfield resident since 1987. He held several positions in the Deerfield Police Department, including Chief of Police and youth officer. He reported Deerfield is one of the safest communities in State The community did not achieve this by accident. The Village fights drug abuse and gang activity. The high school has a closed and smoke -free campus. The President and first lady went to DHS and congratulated staff and students for their anti -drug efforts. He noted that the communities that are academicly superior and safest in Colorado have opted out of the retail sale of cannabis. Harold Dawson noted that numerous studies looked at tax revenue versus societal costs. There are currently no tests to monitor impairment in the field. It is a cash business and will result in increased impaired driving and absenteeism. This has proven to be the case in Colorado where there is a $4.50 mitigation for every tax dollar. The more legalized marijuana is taxed, the more you bring people to illegal marijuana. Mr. Dawson suggested the Trustees authorize an economic impact study in Deerfield and share the results with the public. Jeannie Chung is a 5 year resident raising an 18-month-old. She suggested reconsidering the Zoning Ordinance. When looking for a home to purchase, she had a long list of areas. Deerfield came to the top of the list because of safety, schools and a community geared toward family. Board of Trustees Meeting October 7, 2019 Page 6 of 17 Ms. Chung does not want a marijuana dispensary in Deerfield and wants the Village to be recognized for wonderful things that brought her here. Sandra Littau is the mother of 3 teenagers and a resident of Deerfield. She does not believe it is a zoning issue; rather, a health and safety issue. It does not impose THC limits. The FDA does not regulate recreational marijuana as it is illegal at the Federal level. The purity and potency can vary and safety has not been determined. The FDA issued a warning to the public about using vaping products containing THC. Ms. Littau does not believe the Board can ignore these warnings and asked the Board to hold off on a decision until vaping issues are handled. Patti Fox is a Deerfield Resident concerned about the public safety aspect of recreational marijuana. She has a sophomore at DHS that is learning to drive. Ms. Fox expressed concern about the increased traffic from a dispensary. It presents a hazard to senior residents that drive slower. Ms. Fox indicated insurance premiums have increased in Colorado. She urged the Village to opt out. Lydia St. John noted some say this is about money, but this should be about what we cannot put a price on, the children. The decision of the Board effects the culture of the community. We were named the safest community in the State and the second best place to live. Do not send mixed messages to the youth of Deerfield. Any consideration of this negates what Community the Anti -Drug is doing. Letting this business in the Village sends a signal to an entire recreational marijuana business. This is about principle over profit, including safety on the roads. Jeff Auerbach does not want his town to be the drug dealer in the north sore. Most other communities have opted out and he does not want the wrong element attracted to the Village. He believes this will change the character of the Village. Anne Flaminio is a Deerfield resident and mother of 3. She noted Winnetka and Lake Bluff opted out. Other communities are leaning toward opting out. Highland Park opted out. This is too serious of an issue to make a hasty decision. It is the leader's responsibility to make the right decision for safety and wellbeing of residents. Jennifer Bobay is a 15 year resident and has never had a concern about the Village. It offers great schools, safety, park district and library. Her brother moved to Colorado right before marijuana was legalized. It is not legal to smoke and drive, but until the education comes out, people will go to a dispensary and get behind the wheel under the influence of marijuana. Accident rates will go up; traffic will go up and people will drive thru our town under the influence. Larry Fisher, is a resident of Northbrook resident and a medical marijuana patient for three years. He thanked the Village for allowing a medical marijuana dispensary. They are a professional group of people and do a lot more than sell drugs. Recreational marijuana is here. It is a great help for me. You are protected. There are agencies and medical facilities that look over everything that is produced. Board of Trustees Meeting October 7, 2019 Page 7 of 17 Pastor Norval Brown from Christ United Methodist Church is concerned about the issue. The Trustees have read the statistics. For most of us, it is a rehashing of what you know. Everything that is legal is not necessarily beneficial for the community. Allowing a cannabis dispensary in our Village makes marijuana much more accessible to the children and youth. In his estimation, the Village is doing an about face in what they have committed to the children and youth in making a safe environment for them. It is a moral disruption for the Board to vote for a cannabis dispensary in the Village. Pastor Brown hopes you will not vote for this Ordinance. Karen Jacobson, member of BJBE, encouraged the Board to get their own statistics. A lot of the parents are worried, but this issue does not affect children under 21. They are not allowed to have any recreational cannabis, but it affects senior citizens and those with medical issues. Limiting a Deerfield dispensary to only medical will cause Deerfield to have less revenue and offer less services to their patients. Everything is checked and traceable. She would rather get it legally where it is traced by Illinois law. Ms. Jacobson is grateful for the dispensary and suggested the Board not listen to the scare tactics. Sarf Niazi is professor of pharmacology and advisor to the FDA. They are trying to push a bill to change class status of marijuana. Marijuana is an addictive drug. He suggested if there is no dispensary in Deerfield, people can get it elsewhere. We need to show students this is not a good thing to have in the community. Deerfield should not allow the sale of recreational marijuana. Michelle Culver is a Deerfield resident that strongly opposes allowing a retail dispensary in Deerfield. The State gave us the option to opt out. She hopes the Board opts out. Judy Coman has been a Deerfield resident since 2005 and is a veterinarian. She has dealt with marijuana toxicity in pets and struggles to treat dogs and cats. Since medical marijuana became available, she has seen increased marijuana toxicity in pets. This past 6 years, because of medicinal marijuana, there has been a 448% increase in pet poising due to marijuana. She Coman urged the Trustees to opt out for safety of both the community and pets. Adrienne Johnson is in favor of offering cannabis in the community. She has an autistic child and epileptic children can use marijuana in other ways than smoking. She is worried about safety and health of community and spoke with people at the dispensary. People over 55 are the majority of the users of medical marijuana. There is a need to service everyone in the community. The black market is well established on the north shore and will not change. If the Village can take the law and bring cannabis to residents in a safe way, they can help many people. Margie Stone is a 50 year resident of Deerfield and has done everything possible to help the residents of Deerfield. The Board has proven they know the value of protecting residents. She asked the Trustees not allow a recreational dispensary. Cannabis is an addictive substance. She questioned how a dispensary can be stopped from sponsoring a Village event. She questioned why the Village wants to encourage community to use a substance that is known to be addictive. Just because you can doesn't mean you should. Board of Trustees Meeting October 7, 2019 Page 8of17 Earl Stone asked the Trustees to please opt out. Craig Katz moved to Deerfield in 1987. It is a wonderful community and schools. He thinks the revenue aspect is indisputable. If Deerfield does not do it, a neighboring community will reap the benefits. You do not need to worry about opting out because the parents in Deerfield are committed. When you take something away, it usually leads to more crime not less crime. Teachers, parents and community leaders put the time in to ensure the kids have good values. They will put in the same efforts to ensure their kids follow the rules. A recreational marijuana facility will not change the community. People will keep our kids on the right track with a dispensary in the Village. Amy Fuggin believes the Village should opt in for the dispensary because it needs to be regulated. The black market will be there and we should regulate products that come into the community. If we can get a recreational dispensary, they will help regulate what comes in Deerfield. Don Bear is not taking opiates for the first time in 12 years because he has a medical marijuana license. The vaping issue is because the product is from the black market. The Village can deal with a dispensary in an industrial park. People need to do the right thing and look out for themselves and their kids. You cannot allow liquor but make pot illegal. Alan Kalfen, a 40 year Deerfield resident, noted his kids learned about alcohol and drugs in the schools. The schools have great programs. The kids have to make their own decisions. He thinks we should opt in. There are issues with marijuana, but the State has allowed it to be dispensed. There are a lot of positives in the Village. Deerfield has been adaptable and he trusts a marijuana dispensary will not have a negative effect. State Rep. Bob Morgan, a Deerfield resident and sponsor of the legislation, thanked the Board and community. This is a change for the State. As a community, we need to decide if this is appropriate. Five years ago, the Village had a lengthy debate about medical cannabis. The issues brought up at that time include many of the same ones discussed today, such as impaired driving, safety, labeling and increased access to teens. People were concerned, but it has not happened. There has been no evidence whatsoever of increased teen use in Deerfield. The war on drugs has had a significant impact on the State and the country. Bruce Darren works at the Greenhouse medical cannabis facility in Deerfield. The Trustees have a difficult decision and need to weigh the interest. He believes the Trustees should approve a recreational facility for safety. The products are already available in the black market. It is not going away. He questioned how to do this safely. That is where a regulated facility is best suited. Illinois is the first State in the country that made an adult use program through legislation. The regulations are the strictest in the country. Every product is labeled with the amount of THC and CBD. Every household is filled with dangerous things. Cannabis is no different. Parents have to teach their children it is not for them. It needs to be used responsibly. Board of Trustees Meeting October 7, 2019 Page 9 of 17 Steven Kolpas, a 25 year resident, is in favor of recreational dispensary for safety. They know how to grow it. Tim Fisher understands the difficulties on making any decision. There is an economic benefit and possible detriment. He asked the board not to make a decision without all the facts. A comprehensive study has not been completed by the Village. There are both an economic negative and an economic positive. Mr. Fisher does not know if people will leave Deerfield because of this. There are studies showing the houses will not be sold at a desirable rate. He suggested the trustees have a study completed and get the full facts before making a decision. The decision does not have to be made now. He would like the Village to learn what they will be facing and how it will impact our town. Dr. Michael Graham is 50 year resident and retired physician. He has experience in observing the effects of marijuana in his practice. His most recent experience with marijuana was 10 days ago when he assisted a person laying in the street who had been hit by a car. The person in the street walked in front of the car and said he was not paying attention because of recent marijuana use. Peter Greenfield is against opening a recreational dispensary. He believes it is up to parents to show children what we think. Most residents present are stating they do not agree with allowing a dispensary. He asked his two DHS students about how many kids smoke marijuana from DHS. They responded 75-80 percent of the students. They said it comes from the medical dispensary. It does have an effect on the recreational use and will affect traffic. He questioned how the Village can police it. Mr. Greenfield questioned how many people drive in Deerfield with a cell phone in their ear. You cannot police everything. People will come into Deerfield and buy marijuana and the Village will have difficulty policing it. Diane Healy is a 60 year Deerfield resident. This town is very important to her and she hopes the Village will opt out. As a mother and grandmother, she believes if you do not know you are making the right decision, wait to make a decision. Laura Pirisi is an addiction psychiatrist. She urged the Trustees to reconsider and think this through. Families are devastated when there is addiction. She gets phone calls daily about treating psychotic children. The Trustees do not know what we are dealing with. Children end up in the ICU needing treatment. She does not know how bringing a recreational cannabis dispensary will help the Village. This is not a regulated industry. We do not know what we are dealing with. Andrew Richter is a Deerfield resident and is in favor of the dispensary in Deerfield. He is a real estate professional and done his own research showing that property values are not impacted by dispensaries. The issues raised in the Zoning Ordinance including no onsite consumption and distance from schools and parks are good. Cindy Aronson believes the Village needs more data. She suggested having a third party do a study to determine whether the corporations in Deerfield want it close to where they work. She Board of Trustees Meeting October 7, 2019 Page 10 of 17 questioned what the increased revenue will do for the average resident. If it brings in all this risk, she questioned the reward. She suggested the Village perform a risk mitigation. She questioned whether the Village will make as much money as they think. She also would like the Village to consider the Park District. Maxwell Fisher travels to Deerfield for medical marijuana. The staff is excellent and they have kept him off opiates for four years. He hopes a recreational dispensary is considered from the same people as the medical marijuana dispensary. Jean Strye expressed concern about property value. She noted it is already hard to sell homes in this area. It will bring more tax revenue, but questioned why the Village does not get more restaurants to get more tax revenue. Ms. Strye believes marijuana is a gateway drug. She does not want a gateway drug in our Village and urged the Trustees to think about the youth in Deerfield. Ji Wang has been a Deerfield resident for 7 years. We are talking about recreational marijuana, not medical marijuana. He works at Caterpillar and has to pass drug test to work there. Kathleen Burns is just starting to see what is happening with marijuana in the hospitals. We will need to adjust. She does not want to go home after saying no to drugs and tell her kids that the town said yes. Yaokai Yang is a DHS student. He stated there is not enough research on the medical effects of marijuana. He expressed concern about the possible exploitation of the industry. At Homecoming, there was discussion about parents giving alcohol to their kids. The use of marijuana in the schools is not surprising at this point. If the Village were to open a dispensary 1000 feet from the school, marijuana would get into the hands of his classmates. The marijuana industry has spent millions of dollars lobbying for the legalization of marijuana. They are not afraid to exploit youth. Heather Ruffolo is a 40 year resident and was a teacher at Holy Cross. She remembers all the things they did to raise drug awareness for the children. Ms. Ruffolo remembers red ribbon week, the D.A.R.E. program, the just say no campaign and people who host lose the most. She does not know the facts but thinks the Village needs to think about the children. We have tried so hard to make Deerfield a safe community. Allowing this will send a message that recreational marijuana is ok. Moe Ban wants to teach his kids to make a good decision. The community needs to make a good decision and not give into the fear that the world will crash down because there is a dispensary in the community. A resident noted marijuana can be addicting. He came to Deerfield because of the community and is concerned that some of the parents will use marijuana and it will cause conflicts for their children due to mistrust. The Trustees need to say no. Board of Trustees Meeting October 7, 2019 Page 11 of 17 Melissa Hoffman, a 33 year resident, is fond of the Village. She understands the Trustees have a tough decision. In January, recreational marijuana will be legal. This is happening, but people have to be 21 years old to get it. The Village needs to work with it and see what is going to be. She does not understand why it is an issue when it will be regulated. People in the community are concerned about their families and the community. She urged the Trustees to think it out and determine the benefits. Trustee Oppenheim thanked the Plan Commission for the thoroughness of their work. There were two hearings, they collected information from other communities, worked with staff and gave the trustees a well -reasoned, measured and intelligent take on the issue at hand. This is a zoning issue. We need to discuss how to handle it as a community and what will happen. She thinks the report from the Plan Commission affords adequate protection and addresses the concerns addressed by the Board. They considered safety, appropriate placement and how we keep control over how these sales would go in the community. Trustee Oppenheim has confidence in the Village's planning process. One of the recommendations is that this is always a special use. It will always go to the Plan Commission and then to the Board of Trustees. She is in support of the Plan Commission's recommendation. Trustee Oppenheim moved to accept the report and recommendation of the Plan Commission regarding Zoning regulations for recreational cannabis businesses including dispensaries. Trustee Shapiro seconded the motion. Trustee Shapiro noted this is a tough decision. He commended the Plan Commission and everyone in this room. Everyone wants to do what is best for the kids, Village and community. We need to balance what has happened in the State and the nation. It is a new reality whether we like it or not. The question is one of balance. Trustee Shapiro finds that requiring regulatory protections offers some comfort. Kids can get it if they want it. They can get it now. It is a difficult decision on how to arrive at a balance. Trustee Shapiro thinks there is balance given the inability to regulate and control it. The Trustees need to deal with the inevitability of it. Trustee Benton indicated the procedure is to look at the report and recommendation of the Plan Commission. The recommendation will be accepted or rejected. This is a discussion on the suggested restrictions given by the Plan Commission. Trustee Seiden did a lot of research and looked at it from an accounting standpoint. He heard that if it is going to be here why not make money on it. He believes it is something to look at. What is the 3% going to do for the Village. Deerfield has about 13,366 adults. The actual number that may buy marijuana in Deerfield is 7000 and multiplied it by $280 to get to $59,000 in revenue for the Village. If you took the total amount, there would be 29,000 people outside Deerfield, that purchased in Deerfield. Oregon gets $130 per person per year, which earns $70,000. Trustee Seiden suggested the real figure is about $70,000 in taxes the Village will receive. He does not believe $70,000 is worth the aggravation. He would rather have gambling in Deerfield than marijuana. Trustee Seiden does not want his grandkids to say you said it is ok. Board of Trustees Meeting October 7, 2019 Page 12 of 17 Trustee Struthers indicated marijuana is illegal and has been illegal. We have an opportunity in Illinois to regulate the growing conditions. Someone will have it. A regulated drug will be safer than black market drugs. Mayor Rosenthal fought the legalization of medical marijuana at the State level. She is an officer of Community the Anti -Drug and takes it seriously. While she fought it at the State level, it is legal. We can stand on principal or become pragmatic. By regulating what we will allow in the Village is a pragmatic approach. We will have the traffic and will have to deal with it anyway. The Village can receive 5% sales tax. Our police will be burdened one way or another. It is a special use and we can pull the special use if there are issues. The Plan Commission recommends one dispensary if approved with the hours of 6:30 a.m. and 10:00 p.m., but she would rather recommend 8:00 p.m. No public consumption. We cannot keep people from driving on our streets in Deerfield. We have been dealing with impaired driving for years. Employers have the right to drug test. She noted that the Village is 100% against young people using marijuana illegally. It is the job of the parents, schools and the community to educate. She would like part of the revenue to go to education, whether a donation to Community the Anti - Drug or another organization that would assist in educating young people. Mayor Rosenthal would like to add the following regulations to the proposed Text Amendment: A. A Special Use Permit for a dispensary for recreational cannabis can only be issued to the holder of valid State of Illinois recreational dispensary license for the same premises; a copy of such State license must be framed and posted in plain view in a conspicuous place open to the public on the licensed premises. B. A State Use Permit for a dispensary for recreational cannabis shall require compliance with all State of Illinois requirements for such uses. C. A State Use Permit for a dispensary for recreational cannabis shale require compliance with all State of Illinois and Village of Deerfield sales tax and retailers' occupation tax requirements. D. A Special Use Permit for a dispensary for recreational cannabis shall require sufficiently sized permanent signs near entrances stating: a. Persons under the age of 21 are prohibited from entering unless they are a registered medical cannabis patient b. No consumption of cannabis is permitted on site c. Only adults 21 years of age or older are allowed to purchase recreational cannabis items E. A recreational cannabis dispensary shall not use temporary exterior signs. F. A Special Use Permit for a dispensary for recreational cannabis shall require all agents (staff) to be 21 years of age or older and be certified or trained as required by the State of Illinois. G. A Special Use Permit for a dispensary for recreational cannabis shall require that cannabis unloading is restricted to an area within the principal structure with secured, limited access, that has doors closed and locked during the unloading process. H. The dispensary shall reimburse the Village for all of its professional service expenses incurred by the Village in conjunction with consideration and review of a Special Use request. Board of Trustees Meeting October 7, 2019 Page 13 of 17 I. Village officials (Village President or designee or Police Department or Code Enforcement Officer) shall have the right to inspect the Special Use Permit premises during regular business hours and seek to verify compliance with Special Use Permit requirements pertaining to the recreational sale of cannabis and the operation of the premises, including conferring with the Illinois Department of Financial and Professional Regulation. It also should be considered whether to authorize fines or Special Use Permit suspension for up to 30 days or Special Use Permit revocation for violations of the Special Use Permit or the Village Zoning Ordinance. J. The Special Use permit is a personal privilege that cannot be transferred without approval of the Village Board of Trustees, shall not constitute property right, and shall not be subject to being encumbered or hypothecated. K. The Special Use Permit shall require that any changes pertaining to the persons whose names are indicated on the Special Use Permit application shall be provided to the Village Manager's Office within ninety (90) days of the change being made before or after a Special Unit Permit may be issued. L. A prohibition on the giveaway of cannabis. M. A prohibition on off -site signage advertising the retail sale dispensary for recreational cannabis authorized by the Special Use Permit. N. The Dispensary shall be required to check the government issued identification of every customer purchasing cannabis; a second form of identification confirming the first; and whether the sale may be refused if adequate written identification confirming age and identity cannot be produced. O. Prohibit sales to clearly intoxicated persons or persons under the influence of alcohol or other drugs, including but not limited to cannabis, prescription drugs and illegal drugs. Trustee Jester noted these updates were presented tonight, without any prior opportunity to consider. He is not in favor of Item H. The Village does not have any such requirement for any other business in the Village. He would also not be in favor of requiring two forms of identification to purchase cannabis as it is not required for the purchase of alcohol or tobacco. Pat Anderson appreciates the efforts of the Plan Commission who looked at this from a Zoning perspective. You spoke about safety, control and the effects on the community. The Plan Commission did not get a recommendation from the police department, school district, religious community or other entities. Mayor Rosenthal explained this is uncharted territory so there is room for reimbursement for professional expenses. She thinks requiring two forms of identification for alcohol and tobacco purchases would be preferable. There are a lot of fake ids. If two forms of identification are required, there would be less chance of fakes. Trustee Struthers would prefer shortening the hours. Trustee Benton questioned whether this assumes there will be a dispensary. Mr. Elrod stated this provides a process for an applicant to come forward and establishes minimum requirements. Additional restrictions could be imposed based on the location. In order Board of Trustees Meeting October 7, 2019 Page 14 of 17 to move forward with any action, the Village needs an Ordinance. The next action would be to direct staff and the Village Attorney to draft an Ordinance. Just because an Ordinance is drafted does not mean it needs to be adopted or adopted as presented. Lydia St. John asked whether any Board or Plan Commission has any financial interest in medical cannabis. Mr. Elrod noted the Village is considering a generic zoning Ordinance concerning a possible retail cannabis operation. Mr. Elrod noted that a vote on land use guidelines is different from a vote on the special use for a specific business and is not a conflict of interest. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: Seiden (1) CONSENT AGENDA ORDINANCE AMENDING THE An Ordinance amending the Municipal Code of the MUNICIPAL CODE OF THE VILLAGE Village of Deerfield to increase the penalty for OF DEERFIELD TO INCREASE THE working without a permit. First Reading. PENALTY FOR WORKING WITHOUT PERMIT — 1 R Stand as first reading OLD BUSINESS ORDINANCE AMENDING SECTION An Ordinance amending Section 9.02-F.3 of the 9.02-F.3 OF THE DEERFIELD ZONING Deerfield Zoning Ordinance of 1978, as amended, ORDINANCE OF 1978, AS AMENDED, to allow a digital scoreboard at a public high school TO ALLOW A DIGITAL SCOREBOARD property to be used for community events in the P-1 AT A PUBLIC HIGH SCHOOL District. First Reading. PROPERTY TO BE USED FOR COMMUNITY EVENTS IN THE P-1 Trustee Jester believes continuing to table this is DISTRICT — 1R (TO BE TABLED AT perplexing and may be stale. Trustee Benton spoke THE REQUEST OF DISTRICT 113) _ with a member of the committee and the School Board is still discussing this item. Trustee Jester questioned how long they will continue to discuss it. Trustee Jester moved to take this item off the table and kill it. There was no second. Board of Trustees Meeting October 7, 2019 Page 15 of 17 Mr. Elrod stated this is a gray area as this agenda item required public notice and a Public Hearing. At some point, the notice and hearing will have occurred so long before the vote, that it will be considered stale. There is no definitive approach to make that determination. Mayor Rosenthal indicated if something is not done within a year, the petitioner needs reapply. She suggested staying within those parameters. Trustee Jester would like to investigate when the year is up. Trustee Struthers noted the Village wanted the School Board to approve it before voting on it. Mr. Elrod believes at some point it will be unfair to the neighbors that received Pubic Notice. ORDINANCE APPROVING AN An Ordinance approving an Amendment to a AMENDMENT TO A SPECIAL USE Special Use permit to permit the installation of a PERMIT TO PERMIT THE new digital scoreboard at Deerfield High School. INSTALLATION OF A NEW DIGITAL SCOREBOARD AT DEERFIELD HIGH SCHOOL — 1 R (TO BE TABLED AT THE REQUEST OF DISTRICT 113) Trustee Oppenheim moved to continue further discussion to December 2, 2019. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) NEW BUSINESS AUTHORIZATION TO EXECUTE A Director of Public Works and Engineering Bob LOCAL AGENCY AGREEMENT FOR Phillips reported Metra is looking to execute a RAILWAY -HIGHWAY GRADE local agency agreement for railway -highway grade CROSSING IMPROVEMENTS crossing improvements. The Trustees approved similar agreements earlier this year. The Village has Federal funds for this project. This is for the Greenwood Avenue crossing. Trustee Jester noted this would be at no cost to the Village. Trustee Jester moved to execute a local agency agreement for railway -highway grade crossing improvements. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) AUTHORIZATION FOR LEAF Mr. Phillips reported the Village relies on outside COLLECTION ASSISTANCE labor. The lowest quote was received from Sciaretta Enterprises for $32.50 per hour. The Village Board of Trustees Meeting October 7, 2019 Page 16 of 17 budgeted $25,000 for this effort. Trustee Struthers moved to authorize leaf collection assistance from Sciaretta Enterprises at the hourly rate of $32.50 up to the budgeted amount of $25,000. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) RESOLUTION R-19-28 AUTHORIZING Assistant Village Manager Andrew Lichterman A POLE ATTACHMENT LICENSE reported this is an agreement for a pole attachment AGREEMENT BETWEEN VILLAGE OF license agreement defining how Verizon Wireless DEERFIELD AND SMSA LIMITED would install a small cell wireless facility. PARTNERSHIP D/B/A VERIZON Communities across Chicago are negotiating this WIRELESS type of agreement. While no formal plan has been submitted by Verizon Wireless, this Resolution covers adequate notice, insurance, aesthetics, bonds for each facility, safety protocols and identification sheets including drawings. Mr. Lichterman noted this is just for Village owned poles. Trustee Oppenheim moved to adopt the Resolution. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) DTSC'T TSg10N FARMER'S MARKET Mayor Rosenthal reported Saturday is the last Farmer's Market for the year. It was a wonderful season. She noted the meat provider will continue to sell throughout the year at St. Gregory's Church. HARVEST FEST Mayor Rosenthal noted Harvest Fest was a great success. She thanked the Village Manager's office, the Chamber of Commerce, the Police Department and the Public Works Department for all their assistance. There were more than 1000 people in attendance. Mayor Rosenthal noted people did not mind purchasing food. PUBLIC MURALS The DHS student artists who created this year's new public murals were at the Farmers Market on Saturday to unveil the new designs. The murals are on the AT&T building and inside Jewett Park Community Center. ADJOURNMENT There being no further business or discussion, Trustee Oppenheim moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. The meeting was adjourned at 10:44 p.m. Board of Trustees Meeting October 7, 2019 Page 17 of 17 The next regular Board of Trustees meeting will take place on Monday, October 21, 2019 at 7:30 p.m. APPROVED: Mayor ATTEST: Village Clerk