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Friday, November 22, 2019

City of BellevilleCity Council met September 30

By Michael Abella | Nov 1, 2019


City of BellevilleCity Council met Sept. 30.

Here is the minutes provided by the council:

Mayor Mark Eckert called this meeting to order.

Mayor Eckert explained the disaster procedures. Mayor Eckert reminded anyone speaking this evening to step up to a microphone because the meetings are being taped and posted the next day on the website.

Mayor Eckert requested City Clerk Meyer to call roll. Members present on roll call: Alderman Kinsella, Alderwoman Pusa, Alderwoman Duco, Alderman Randle, Alderman Anthony, Alderman Ovian, Alderman Dintelman, Alderwoman Schaefer, Alderman Rothweiler; Alderman Elmore, Alderman Wigginton and Alderman Barfield.

Members excused on roll call: Alderman Hazel, Alderman Ferguson, Alderwoman Stiehl and Alderman Weygandt.


Roll Call Department Heads: City Clerk, Jennifer Gain Meyer, City Treasurer Hardt, City Attorney Hoerner; Chief of Police, Bill Clay; Director of Finance, Jamie Maitret; Director of IT, Scott Markovich

Fire Chief, Tom Pour; Director of Maintenance, Ken Vaughn; Director of Public Works, Jason Poole; Director of Wastewater, Royce Carlisle; Interim Director of Residential and Commercial Development Services and Economic Development, Annissa McCaskill; Director of Library, Leander Spearman are excused.


Mayor Eckert led the Pledge ofAllegiance.


David Rasure He understands this is a special meeting to discuss or vote on legalizing marijuana for recreational purposes. He expressed his desire for a no for several reasons. He has lived in Belleville long enough to know that several years ago pawn shops were starting to open around town and the City decided they didn't want the pawn shops. He does not believe there are many pawn shops and the reason given was they draw the wrong kind of element. A few years later tattoo parlors were opening. These are all legitimate businesses and a free country, but the City decided the tattoo parlors can draw the wrong element of people. so now it' s limited.

He asked the council to be consistent. marijuana has been illegal and now they want to make it legal mainly for the money. It will also draw the same kind ofpeople.

He asked if anyone has gone to Colorado and spoke with Mayors of towns the size of Belleville and seen how legalized marijuana affected those towns. From what he reads they make a lot of money, but they have real problems.

How will law enforcement enforce it? What about the employers? He is asking not to be all enthralled about the potential dollars. We have young children, friends, neighbors. We have enough problems without adding another one.



Alderman Kinsella made a motion seconded by Alderwoman Schaefer to amend Chapter 34 Taxation) by adding Section 34.047 (Municipal Cannabis Retailers' Occupation Tax).


City Attorney Hoerner advised this is the State of Illinois regulating on use and possession of recreational marijuana. Beginning January 1, 2020 for those who are 21 years of age purchasing, obtaining, possessing, consuming, using or transporting a legal amount of marijuana for recreational purposes is decriminalized. The purchaser must have a government issued ID. The possession of itself is 30 grams of raw cannabis, infused products is no more than 500 mg of THC and therefore, 5 grams ofcannabis products in concentrated form.

With respect to the use it will allow one to use in their home and beyond their home in said county or municipality that will allow it. With respect to the State' s further regulation they have enacted laws very similar to how they handle alcohol with respect to underage possession, false identification, and driving under the influence of cannabis. The State is putting together a cannabis task force to examine and create best practices and create technology.

What can a municipality regulate and so it does not conflict with the State? You can determine where else, ifany, you will allow use.

With respect to cannabis as an establishment you have zoning to regulate, disallow, to allow by virtue of a specific number and to control an establishment as cultivation. You can limit, prohibit and restrict within the jurisdiction. Civil penalties can be established.

There are medical dispensaries in Sauget and Collinsville. They have the ability under this Act to make those recreational and add another recreational location.

Local government revenue would be sales tax, local government can impose a tax up to 3%, the county can impose an additional.75% in a municipal or a 3. 75% in unincorporated areas.

Alderman Rothweiler asked the only place this can be sold in Belleville is if we get a distribution center; in other words, it is not going to be sold at gas stations, bars. City Attorney Hoerner stated there is a common misperception statewide that this will be dispensed like cigarettes. This will be the most regulated business in the State of Illinois. The dispensaries will have significant


Chief Clay stated this is a State law and it will be treated as the law of the State. What you are deciding is not a matter for law enforcement. This is a tax matter.

Alderman Ovian asked how far away from a school can a dispensary be placed; City Attorney Hoerner advised there are limitation by law that state 1500 feet and this can be regulated.

Alderman Ovian asked what the fine will be if the police find someone inebriated with cannabis; Chief Clay advised this is a civil penalty.

Alderman Wigginton asked if a dispensary can sell medical and recreational; City Attorney Hoerner advised you must be licensed in both and that is not what we are talking about. Under the law the existing medical becomes both.

Alderman Barfield asked where the taxes that are received will be allocated; Mayor Eckert advised that is not being determined at this time. Alderman Barfield stated his vote will be determined on this and requested the monies to go to the police department for law enforcement. Alderman Wigginton asked if the council can determine where the taxes be allocated; Mayor Eckert advised the council is involved annually during the budget process.

Alderman Randle asked if the State is still in conflict with Federal law; City Attorney Koerner advised just like other States there are issues as far as how they conflict, but it has not impeded these businesses in 11 States. Alderman Randle asked how will our law enforcement interact with federal agencies that are trying to enforce federal law; Chief Clay advised there is a federal system and a State system; we are required as State officers to follow State law and we are also required to follow Federal law. If we have a situation, we must abide by State law and if the federal agency gets involved, we must abide by that. The City of Belleville will not have a conflict since the City follows State law.

Alderman Randle asked ifthe dispensaries should be in an industrial area; City Attorney Hoerner advised that is a determination to be made by this Council.

Alderman Ovian asked who gets the license for the distribution center; City Attorney Hoerner advised this is a State regulated license and they are like video gaming licenses.

Members voting aye on roll call: Kinsella, Pusa, Duco, Randle, Anthony, Ovian, Dintelman, Schaefer, Rothweiler, Elmore, Wigginton. ( 11)

Member voting nay on roll call: Barfield. ( 1)


Alderman Anthony made a motion seconded by Alderman Randle to read by title only Ordinance 8376- 2019.

All members voted aye.

Alderman Anthony made a motion seconded by Alderman Randle to approve ORDINANCE 8376-2019 An Ordinance amending Chapter 34 ( Taxation) of the revised code of ordinance of Belleville, Illinois, as amended, by adding Section 34.047 ( Municipal Cannabis Retailers' Occupation Tax).

Members voting aye on roll call: Pusa, Duco, Randle, Anthony, Ovian, Dintelman, Schaefer, Rothweiler, Elmore, Wigginton, Kinsella. (11)

Member voting nay on roll call: Barfield. ( 1)


Alderman Elmore made a motion seconded by Alderwoman Duco to adjourn at 6: 12 p.m.

All members voted aye. ImS-1 Jennifer Gain Meyer, City Clerk

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City of Belleville City Council