Loading...
HomeMy WebLinkAbout03/12/2025 1 COMMITTEE OF THE WHOLE – Meeting Minutes March 12, 2025 The Village Board met as a Committee of the Whole in the Council Chambers of the Village Hall at 3:00 p.m. on Wednesday, March 12, 2025. In attendance were: PRESENT: Village Board Staff Dan Shapiro, Mayor Kent Street, Village Manager Larry Berg, Trustee Andrew Lichterman, Deputy Village Jennifer Goldstone, Trustee Manager/Dir. of Community Development Elaine Jacoby, Trustee (remote) John Sliozis, Chief of Police Mary Oppenheim, Trustee Benjamin Schuster, Village Attorney Brian Budny, Deputy Chief of Police Chris Fry, Deputy Chief of Police Eric Burk, Finance Director Matt Weiss, Director of IT Justin Keenan, Assistant Village Manager David Fitzgerald-Sullivan, Comm. Coord. Jessica Sciarretta, Management Analyst Daniel Van Dusen, Deputy Village Clerk Public Comment There were no public comments on non-agenda items. Business 1. Discussion of Regulations re: THC products Mayor Shapiro asked to discuss this agenda item first due to members of the public being present to offer public comment on this issue. Village Manager Kent Street reported there are currently no regulations on synthetic THC products at the state level. Mayor Shapiro noted that cannabis is highly regulated and that there is a dispensary located in Deerfield. He stated multiple municipalities have moved to regulate synthetic THC products and felt that the Board should discuss the issue with regards to regulations or limitations that could be enacted in Deerfield. Mr. Street thanked the Village Attorney’s office for providing supplemental materials regarding the agenda items for this meeting. Deputy Chief Fry stated the Police Department reached out to several local communities to find out more about these substances, noting there have not been any specific incidents in Deerfield. He noted the majority of communities surveyed have not taken action, and that both Highland Park and Gurnee have passed ordinances in regards to synthetic THC products. Highland Park has an outright ban on the sale of these substances. Deputy Chief Fry stated that, at this point, most communities are waiting to see if the State takes action to regulate these products during the spring legislative session. He noted the Police Department does not currently have a specific recommendation and that they are still gathering 2 information. Trustee Oppenheim asked if there is any information on where these products are being sold in Deerfield and the neighboring communities. Deputy Chief Fry stated there are two locations in Deerfield that are known to be selling these types of products. Trustee Berg asked if it is raw product that is being sold, or if it is a mixed product. Deputy Chief Fry stated that it is a mixed product. Mayor Shapiro pointed out that synthetic THC products are currently unregulated. Village Attorney Ben Schuster stated there are two main issues to consider, the sale of and the possession of synthetic THC products. Some communities are concerned about safety and do not have regulations for these products in the way that they do for cannabis. Safety concerns pertain to chemical additives, THC/CBD levels and health aspects. Mr. Schuster noted when these substances are sold, it is not as a principal use, but rather as an accessory use. Theoretically, any retail operator could place them for sale near their cash register. Mr. Schuster stated some communities are choosing to not prohibit people age 21 and over to buy them, while others are limiting sales by zoning district or type of seller. Mr. Schuster noted, from a policy perspective, the Board should consider sale as one aspect and possession as another and can then blend those ideas to formulate best policy for the Village. Jim Pratt gave public comment concerning the ban of kratom. He noted that kratom is not a synthetic THC product, and that it is derived from a completely different plant. Mr. Pratt uses kratom to assist with pain from athletics. He noted some people use it for energy and focus, while others use it to wean off of dangerous substances like opioids. Mr. Pratt stated a recent dose finding study was conducted by the Food and Drug Administration on kratom’s safety profile, and that it has been considered a potentially useful tool in addressing the opioid crisis by the National Institute on Drug Addiction. He feels it should not be categorized the same way as THC products. Mayor Shapiro asked Mr. Pratt if he could explain the difference between cannabis and kratom. Mr. Pratt stated kratom comes from a different plant that is native to Asia. Trustee Oppenheim noted the active ingredient is indigenous to the leaves of that plant, while THC is derived from hemp or cannabis. Mr. Schuster pointed out that the draft ordinance can be amended to separate kratom from the synthetic THC products. The definitions included in the draft ordinance were meant to mirror the definitions of the proposed State regulations. Dr. Heidi Sikora gave public comment concerning the ban of kratom. She is a retired nurse practitioner and healthcare executive who suffers from multiple chronic neurological conditions and deals with pain, weakness and fatigue. She uses kratom to deal with those symptoms and does not use THC products. She stated that kratom can be beneficial for people who suffer from rare disorders and disabilities. Dr. Sikora has been active in advocating for the Kratom Consumer Protection Act at the state level. She believes there should be safe access to kratom and that dangerous products should not be allowed. She agreed there should be an age restriction limiting sales to people over the age of 21. Mayor Shapiro asked her how she accesses kratom. Dr. Sikora stated she purchases it online and reviews lab test data that sellers make available for their products. She is in favor of batch lab testing to determine the level of mitragynine present in the product. She noted the Kratom Consumer Protection Act is requesting no more than 2% of 7- Hydroxymitragynine (7-OH) be present in kratom products. She stated that 7-OH is a metabolite that forms in the drying of the leaves. Mayor Shapiro asked if kratom products indicate on the packaging whether or not they have been lab tested. Dr. Sikora stated that the majority of 3 products do indicate on their packaging if they have been lab tested, but noted that she cannot speak to that being true for all kratom products. She showed some examples of kratom products including a powder of ground up kratom leaves and an extract that can be made into a tea. She noted that if someone were to take too much kratom it will make them vomit. Dr. Sikora showed a synthetic kratom product that is not kratom, but is sold as such and is made up of only 7-OH. Mayor Shapiro asked how the typical consumer would differentiate these products. Dr. Sikora stated that the average consumer would not be able to do so. She noted that a complete ban on kratom would effectively ban the pure kratom products used for pain and focus, and would create a loophole for the dangerous synthetic 7-OH products to still be sold. Trustee Berg asked where the products she brought were manufactured and distributed. Dr. Sikora stated the products stated they were distributed from Los Angeles and Missouri, and that most of the kratom used for these products comes from Indonesia. She believes a local Kratom Consumer Protection Ordinance, limiting the amount of 7-Hydroxymitragynine to 2% or less would be ideal. Trustee Berg asked if kratom products are regulated in any way. Mr. Schuster responded that it is neither an approved, nor illegal substance under FDA rules and is unregulated at the federal and state levels. Trustee Oppenheim stated that since kratom comes from a different plant than THC/CBD products, they should be considered separately. Trustee Berg spoke in favor of regulation for synthetic THC products as well as kratom. He noted enforcement of possession restrictions on these substances deserves consideration as well. Dr. Sikora offered to provide a PowerPoint presentation to educate others on the details regarding the benefits and potential harms of kratom. Mayor Shapiro asked if Dr. Sikora was aware of how the proposed state legislature is moving through the State. She noted Illinois House Bill 3215 has been referred to the Executive Committee, but has not been heard yet. Dr. Sikora thanked the Board for their consideration. Elliott Kurtz, General Manager of Garfield’s Beverage Warehouse, spoke about the sale of Delta-9 THC beverages that are available for purchase at his store. He noted these beverages have become an alcohol alternative and comprise one of the fastest growing markets in the beverage industry. Mr. Kurtz stated every can is labeled for sale to individuals age 21 and over. They are clearly marked with the milligrams of THC present. Mr. Kurtz stated that he informs his customers on what they are buying and how to use it. He noted the Binny’s Beverage Depot in Highland Park is still selling Delta-9 THC beverages, despite an ordinance banning the sale. He stated stores in Northbrook are also selling Delta-9 THC beverages and that Deerfield residents can find these products for sale across the borders of the Village. Mayor Shapiro asked about the difference between Delta-8 and Delta-9 THC products. Mr. Kurtz stated that Delta-8 THC products are typically sold cheaply in gas stations. The Delta-9 THC beverages that he sells are all hemp derivatives, rather than derived from cannabis. He suggested the Board consider an ordinance limiting the sale of these beverages to people aged 21 and over, and that they only be sold at liquor stores. He believes the adults in the community should be able to make their own decision on using these products. He stated they have sold just short of $5,500 worth of THC beverages so far this year. Trustee Oppenheim asked about the levels of THC in the beverages. Mr. Kurtz stated that the beverages are sold in 12 ounce cans and the THC levels range from 5 mg to 50 mg. Trustee Oppenheim asked how the effects of drinking one of the beverages compare to smoking cannabis. Mr. Kurtz stated the effects are similar to smoking cannabis, but that amount and potency can affect people differently. Trustee Berg asked how drinking one of 4 the beverages compares to drinking a 12 ounce can of beer. Mr. Kurtz stated that the effects depend on potency as well as an individual’s personal tolerance, and the effects are difficult to compare. Trustee Berg asked how many product lines are for sale at Mr. Kurtz’s store. Mr. Kurtz stated he is unsure of the exact number of different types of beverages he has for sale, but he noted he has an entire refrigerator door and two shelves dedicated to THC beverages. Trustee Berg asked if Garfield’s Beverage Warehouse is facing regulations in other municipalities in which their stores are located. Mr. Kurtz stated that Barrington has banned the sale of THC beverages at their store and that the sale of these beverages is necessary for his store to be profitable and remain in business. Mayor Shapiro asked if there are other types of THC products being sold at his store. Mr. Kurtz stated that he has edible Delta-9 THC gummi and chocolate products for sale as well. Mayor Shapiro asked if Mr. Kurtz could explain the difference between Delta-8 and Delta-9 THC products. Mr. Kurtz did not know the difference between the products. Trustee Oppenheim believes the sale of these products represents a loophole. Trustee Berg asked if it is a violation to have an open can of Delta-9 THC beverage in a vehicle. Chief Sliozis was unsure of there being any regulations specific to THC beverages, and that it there is no definitive field test to determine intoxication in regards to THC. Mr. Schuster noted it is illegal to drive while impaired regardless of the intoxicant. Mr. Street asked if the Board could regulate or prohibit driving with an open THC beverage. Mr. Schuster replied that he believes the Board does have that ability should they choose to do so. Mr. Kurtz stated that he believes it should be treated the same way as alcohol in respect to driving with an open container. Mayor Shapiro suggested continuing this discussion at a future Committee of the Whole Meeting. He asked the Board to consider age restrictions regarding the sale of unregulated THC products, limiting the types of businesses and locations allowed to sell these products, limits on the size of the beverage container, the number of packages that can be offered for sale, prohibiting driving with an open container of THC beverage and requiring the products to be lab tested in order to be available for retail sale. The Board agreed the topic needs more discussion. Mayor Shapiro thanked those who offered public comment on this issue. 2. Discussion of Artificial Intelligence Director of Information Technology Matt Weiss reported to the Board about artificial intelligence (AI). Mayor Shapiro prefaced Mr. Weiss’s presentation by stating that he requested the Board discuss this issue after discussion with staff on how pervasive its use is and whether an official policy concerning its use should be created. Mr. Weiss noted that AI has been prevalent for a number of years now, and that many people are unaware that they have used it. He stated that AI is typically used as a tool to perform tasks that a human would do such as repetitive tasks or data analysis. The tools can use inputs like prompts or data to find patterns, make decisions or create content. Mr. Weiss noted that AI is constantly evolving and that it has benefits as well as risks. He stated AI is currently being used by numerous technology companies and is available on a wide array of devices and platforms. Mr. Weiss outlined the different ways AI can be used by Village staff, and the number of employees currently using AI tools. He stated that he is not opposed to staff using AI tools, but he is concerned that staff use these tools responsibly. He stated the Board should consider how much the organization uses AI, whether that be internal use or in a public facing application. AI may provide opportunities for efficiency or cost saving to the Village. Mr. Weiss reviewed the draft AI policy and reviewed the four pillars of 5 responsible AI usage: transparency, accountability, privacy and ethics. He outlined a roadmap for implementing and reviewing the use of AI by Village staff. Mayor Shapiro asked if other municipalities in the area are instituting official AI policies. Mr. Weiss reported that he is in communication with a group of his contemporaries at other municipalities that have discussed proposed AI policies. He reviewed other draft policies from that group while developing the draft policy distributed to the Board. Trustee Oppenheim expressed her concerns about the privacy aspect of using AI. Mr. Weiss summarized the difference between using a native, embedded AI tool and a selective AI tool, noting that a selective AI tool offers more control on what information is being released. Mr. Street discussed the possible effects of using AI as it pertains to FOIA requests. Mr. Schuster stated that the use of AI is not a determining factor for FOIA requests. The relevant factor is that once a public record has been generated and is in the Village’s possession and control, it is subject to a FOIA request. He noted that the draft policy covers which records should be withheld from use due to privacy concerns. He stated that the record of what information was inputted into an AI program, and the extent to which the Village has that record, may be subject to FOIA disclosure as well. Mayor Shapiro stated he is in favor of adopting the draft policy. Mr. Street said staff will work with the Village Attorney and come back to the Board with either a resolution or a proposed administrative action to adopt an official AI policy. The Board thanked Mr. Weiss for his thorough presentation and detailed draft policy. Mr. Weiss stated that his team is available to discuss any AI or technology issues the Board may have and that he will provide updates on the implementation of the AI policy and usage. 3. Discussion and Update re: Local Administrative Adjudication Hearings Assistant Village Manager Justin Keenan outlined the developmental process that took place over the preceding 18 months and provided an update on the local Administrative Adjudication Hearing process. He reported the Municipal Justice software implementation is complete and thanked the Information Technology Department for all their hard work. Starting last November, the Community Development and Public Works Departments have issued summons notices for various Zoning and Municipal Code violations. Typically, violators receive two notices prior to a summons notice being issued. Mr. Keenan outlined the multiple ways violations are referred to the adjudication process and the timeline for notices. He noted violators are given at least two notices of violation several weeks before a summons notice is issued. Mr. Keenan stated the adjudication hearing process has been impactful and effective, and noted of the 13 cases that have been referred to adjudication, eight have been resolved prior to the hearing. He reported that it is more convenient for residents to come to Village Hall rather than circuit court to resolve minor violations, resulting in an effective method to achieve compliance. Mr. Keenan stated the adjudication hearing process has saved staff time and led to quicker resolutions. Mayor Shapiro asked Trustee Berg if he had any comments to offer due to his involvement in the adjudication hearing process in other municipalities. Mayor Shapiro and Trustee Berg thanked staff for their hard work in implementing this new process. Trustee Berg stated the adjudication hearing process is an effective tool and he sees room for expansion as the process continues to develop, specifically in regards to juveniles. 6 Mayor Shapiro asked Chief Sliozis how police violations will be added to the adjudication hearing process. Chief Sliozis stated the Police Department is currently working with the software vendor to design an electronic version of a citation. He believes it will be similar to the software the Department already uses, and that once the citation design is finalized and citations can be printed in squad cars, it should be a fairly easy transition. Chief Sliozis stated the next step is to create a fine schedule with predetermined fines based on the violation. This will allow violators to pay ahead of time or online, should they choose not to contest the citation at an administrative law hearing. Mayor Shapiro asked how soon the new citation process will be implemented. Deputy Chief Fry stated that officers will begin testing the printers in their squad cars next week for testing of print quality and citation format. He noted the next step will be to integrate the three software platforms needed to integrate the new citation process with the adjudication hearing process. Mayor Shapiro asked if the Municipal Code will need to be amended to adopt the fine schedule the Police Department is developing. Chief Sliozis stated there will also need to be coordination with the Lake County Clerk’s office to transmit citation information to their office as well. Mr. Keenan reported the Villages of Morton Grove and Northbrook have adopted ordinances that allow them to garnish state income taxes for unpaid violation fines. He presented this an option that could be used in extreme circumstances. Mr. Schuster stated garnishing state income taxes is a useful tool to follow up on contractors with violations who move on after their project has been completed. Mayor Shapiro stated he believes this tool could be useful, but there would need to be guardrails in place to prevent abuse. Mr. Street stated that staff will come back to the Board with the fine schedule and a policy regarding garnishing state income taxes. 4. Discussion of Personal Mobility Vehicles This agenda item was continued to the next Committee of the Whole meeting to be held on April 16, 2025. 5. Discussion of Possible Capital Expenditure Reimbursement Bonds Director of Finance Eric Burk discussed additional capital improvement projects that were not accounted for in previous planning sessions. He noted an effective way to fund these projects would be to issue bonds. Mr. Burk proposed bringing a reimbursement resolution to a future Board of Trustees meeting that would allow the Village to reimburse itself with bond proceeds. The resolution would not require the reimbursement, but it would preserve an option for funding. The reimbursement of bond proceeds, consideration of 2026 capital improvement projects as well as debt issuance would be included together as part of future budget considerations. Mayor Shapiro noted future capital improvement projects could include solar panel installation, purchasing real estate and the Hazel Avenue Infrastructure project. Mr. Burk confirmed that those projects would be considered. Mayor Shapiro asked if the Village issued bonds this year. Mr. Burk reported the last time the Village issued bonds was in 2021 for a two-year plan and, historically, bonds have only been issued by the Village when necessary. He noted the Village has received favorable rates in the past and has maintained a Aaa rating. Mr. Burk reported the Village has had success when 7 looking at a 2-3 year plan when considering bond issuance. He will provide more guidance and information when the time comes to examine capital improvement projects. Mr. Street noted the reimbursement does not have to be exercised, but the adopting the resolution now provides for the option to do so in the future. Mayor Shapiro asked about the timeframe to exercise the reimbursement. Mr. Burk stated he believes it is 18 months after adopting the resolution. The Board thanked Mr. Burk for his presentation. Mayor Shapiro listed the topics for further discussion at the April 16, 2025 Committee of the Whole meeting including: synthetic THC products, personal mobility vehicles and overnight parking restrictions. Mr. Street thanked staff and the Board for taking the time to discuss these issues and stated it was a very rewarding discussion. The Board agreed to meet as a Committee of the Whole on Wednesday April 16, 2025, at 5:00 p.m. Public Comment There were no public comments on non-agenda items. Adjournment There being no further business or discussion, Trustee Berg moved to adjourn the meeting. Trustee Oppenheim seconded the motion. The motion passed by unanimous voice vote. The meeting was adjourned at 5:01 p.m. Respectfully submitted, Daniel Van Dusen