Orange Township Trustees October 30, 2017 Special Trustee Meeting

Transcription

1 The audio recording, resolutions passed, and any attachments constitutes an accurate record of the Orange Township Trustee Minutes at the above dated meeting as determined by the Fiscal Officer. The following summary is provided as an overview of the meeting and a road map to the audio recording. Copies of this record are available by request at the Orange Township Fiscal Office, 1680 East Orange Road, Lewis Center, Ohio Mr. Quigley called the meeting to order at 7:00 p.m. This meeting was held at the Orange Township Hall, 1680 East Orange Road, Lewis Center, Ohio ROLL CALL: Robert Quigley present, Deborah Taranto present, Lisa F. Knapp present. TOWNSHIP OFFICIALS ALSO PRESENT Joel Spitzer Fiscal Officer Amanda Sheterom Human Resources/Communications Manager Lee Bodnar Township Administrator Michael McCarthy Township General Counsel PLEDGE OF ALLEGIANCE The minutes were prepared by Administrative Assistant for Maintenance and Parks Mary Ann Ross. The purpose of this meeting is: Regular Session: o Discussion and Possible Action Regarding Adoption of a Resolution to Prohibit, or Limit the Number of, Cultivators, Processors, or Retail Dispensaries Licensed Under Ohio Revised Code Chapter 3796 Within the Unincorporated Territory of the Township, But Not Limit Research Related to Marijuana Conducted at a State University, Academic Medical Center, or Private Research and Development Organization As Part of a Research Protocol Approved by an Institutional Review Board or Equivalent Entity Executive Session: o To Consider the Investigation of Charges or Complaints Against a Public Employee, Official, Licensee, or Regulated Individual. Regular Session: 1

2 o Discussion and Possible Action Regarding the Funding and/or Retention of Outside Counsel for Utilization by the Township Fiscal Officer in the Course of His Official Duties. REGULAR SESSION DISCUSSION AND POSSIBLE ACTION REGARDING ADOPTION OF A RESOLUTION TO PROHIBIT, OR LIMIT THE NUMBER OF, CULTIVATORS, PROCESSORS, OR RETAIL DISPENSARIES LICENSED UNDER OHIO REVISED CODE CHAPTER 3796 WITHIN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP, BUT NOT LIMIT RESEARCH RELATED TO MARIJUANA CONDUCTED AT A STATE UNIVERSITY, ACADEMIC MEDICAL CENTER, OR PRIVATE RESEARCH AND DEVELOPMENT ORGANIZATION AS PART OF A RESEARCH PROTOCOL APPROVED BY AN INSTITUTIONAL REVIEW BOARD OR EQUIVALENT ENTITY Mr. Quigley reviewed what had occurred at the Friday, October 27, 2017, Special Trustee Meeting. The Board wanted to gather as much information as they could for review for this meeting and had requested information including a map. This was mainly due to requirements that apply to this type of application. If the Board did not prohibit this, there are certain restrictions. The Board also asked the Delaware County Health District to be available to provide information. Mr. Quigley explained there are certain zones in the state of Ohio that are allowed dispensaries. There are 3 dispensaries allowed per zone. Delaware County is in one of those zones. Other counties in our zone are Licking, Knox, and Morrow. Applicants as of November 3, 2017, would be able to apply for a license in the zone. Depending whether the township has passed a prohibition or has a zoning restriction on it will determine the fate of those licenses. Franklin County has its own zone by itself. Ms. Taranto continued; what they knew so far was that Liberty and Genoa Townships both have voted not to allow dispensaries in their townships. The Board has until November 2, 2017, to pass a resolution if they so deem. Mr. Bodnar, Township Administrator, commented; placed in front of the Board were two maps denoting 1,000 foot buffer between residents, churches, schools, and also a 500 foot buffer of the new law guiding the dispension or distribution of medical marijuana that is out of the 500 foot buffer. There are some minimal prohibitions, which are dictated by the state. The prohibition is:500 foot from schools, playgrounds, libraries and churches. He felt this was the only one in reference to us that is dictated by the state. Mr. Bodnar went on to explain the markings on the maps and what they meant. Mr. Quigley pointed out some differences in the map that needed to be considered. The areas of interest were predominately along the US23 corridor. Ms. Taranto noted that was where the dispensaries were looking at; along strip malls rather than a pharmacy, per say. 2

3 Shelia Hiddleson, Director of the Delaware County Health District stepped forward and she commented: Ms. Keagy had given the Board information The Health Department does have a paper regarding this; it was revised after the law was passed The Health Department along with the Health Board have concerns about the adverse affects of marijuana They were detailed in the information given to the Trustee Board The Health Department does not want marijuana to fall into the hands of children They want it to be regulated appropriately; which could create problems for the law enforcement In other areas where medical marijuana laws have passed there has been a trend to try to push for the legalization of all marijuana There is also an economic impact as well She noted the city of Powell also passed an ordinance against this They have copies they were happy to share with the Board Ms. Hiddleson introduced Jan Keagy who is with their Community Health Improvement Program that addresses substance abuse. Ms. Keagy commented: Oxford was the other community that has passed a resolution They are in the middle of collecting their community health assessment data The last time this was done in 2013 there was no data on drug use There is updated information on youth use In they did youth surveillance survey (middle school up to high school) o 5% use marijuana in past 30 days o 14% of those were over the age of 17 o 10% used marijuana more than once in their life o 30% of those were over the age of 17 o The average age of use was 14 years of age One of their action groups is to implement on educational program, social media campaign targeting parents and school age youth They educate on: o Perception of marijuana use o How it is now perceived to be the norm o Harmful effects are not out there like they used to be o Youth does not perceive the affects marijuana as that high o It is a gateway drug; it could lead to prescription drug abuse; opiate drugs, other harder drugs Ms. Hiddleson added: Marijuana does affect brain development 3

4 She realized they were talking about medical marijuana, but from the health district s point of view it will enable the availability of marijuana and it s use will cause these numbers to go up What will be the long term effect The health board is very interested in additional research related to this Their medical physician on their Board is Dr. Hickman, one of his concerns even with the legislation, he believes there are multiple diagnoses that have been named for medical marijuana use; that medical marijuana would not be the drug of choice The Health Board knows the Township Board needs to do, what they need to do, if there is a positive aspect of this for your community from a health stand point; they believe there are options out there; that marijuana should truly be limited to those illnesses where marijuana has been shown to effective; not some of the other ones that are on the list The Board thanked the Health Department for coming and sharing their thoughts. Mr. Quigley asked the Board for their thoughts. He knew there were concerns for it being all cash environment. He felt Columbus who is right down the street may have 3 of them. There were some advocacy due to the medical concerns, but he felt there would be access to it right down the street. He felt the question would be if the township would want it inside their limits. Ms. Knapp didn t see any benefit to having it in the township. It is a cash business. She felt you would be talking potential thefts, armed robberies etc. There would not be a tax money benefit. She was opposed to it in the township. Ms. Taranto commented in instances like this, residents would like an input. They had a special meeting so residents could ask questions, state an opinion. They would like to here from the residents. Ms. Taranto introduced Commissioner Benton from Delaware County Board of Commissioners. Mr. Benton commented: He wanted to make it very clear; he was not speaking on behalf of the other two county commissioners He wanted to also make it clear; Delaware County does not have jurisdiction on this issue; it s a zoning issue He is a resident of Orange Township; he would like to speak in that role The major part of his working career has been in banking This would be an all cash business; banking laws do not allow marijuana growers; dispensaries, etc. to use the banking system because it is illegal at the federal level Being an all cash business it brings a higher risk of other crimes with it; to the area; to itself; to the neighborhood He would oppose because of that fact alone Secondly, another issue he felt was important, talking with the prosecutor s office; the vast majority of cases they prosecute involve drugs as a driver of the crime 4

5 Orange Township Trustees And the majority of the time the criminal involved in these crimes; started his drug use with marijuana It is a gateway drug and brings other problems This is not something he would support just for easier access for some of the neighbors and residents Ms. Knapp felt the people would need this with a prescription will be able to go elsewhere to buy in Ohio. Mr. Quigley agreed, stating with Franklin County right down the street and they will have three dispensaries. Jamie Stabl, 6266 Westwick Place, Lewis Center, Ohio 43035, came forward. He commented; He would oppose it also; for all the reasons mentioned He hoped this would have come up a couple months ago instead of last minute to try to get it passed He wondered why it took so long to bring to the Board s attention Mr. Quigley commented he felt all the Board members were all aware of it when it first came out in the state s legislation. He felt they were watching the surrounding townships and also obtaining feedback. He went on to say any one of the trustees could have brought it to the agenda at any time. Mr. Stabl commented that Johnstown and Pataskala have big growing sites, which are near us. Mr. Quigley commented what they weren t aware of was when the actual applications were going in. Mr. Spitzer, Fiscal Officer commented in Marion County, they allowed an operation in Green Camp. He commented attorneys are not allowed to engage in the set up or represent businesses who are involved in the sale of this, because it is a federal offense. He felt in his opinion it is a rogue adventure from the law standpoint. He went on to comment that Marion City is also entertaining having a dispensary in the city. He felt for those concerned about accessibility Marion County is just one county up from us. Kevin Culp, 2836 Sandhurst Drive, Lewis Center, Ohio came forward. He commented; He thought Ms. Knapp had answered his concern, but had it clarified the township would not be getting any kind of revenue from this He said he would just quote Nancy Reagan Just say no Ms. Knapp commented that cities could get revenue from this and the concern was they would like to locate in townships because of the fact that township could not collect. She felt they could locate in a city that needs the revenue, but not Delaware City. Mr. Quigley asked Ms. Taranto how she felt. She commented she agreed. 5

6 RES PROHIBITING CULTIVATORS, PROCESSORS AND RETAIL DISPENSARIES OF MEDICAL MARIJUANA LICENSED UNDER CHAPTER 3796 WITHIN ORANGE TOWNSHIP The Board of Township Trustees of Orange Township, Delaware County, Ohio ( Board ) met in special session on the 30 day of October, 2017, with the following members present: Trustee Quigley, Trustee Taranto, and Trustee Knapp moved the adoption of the following Resolution. PREAMBLE WHEREAS, under R.C , the Board has the authority to prohibit, or limit the number of, cultivators, processors, or retail dispensaries of medical marijuana licensed under... [Ohio Revised Code Chapter 3796] within the unincorporated territory of the township; and WHEREAS, the Board finds that it is the best interest of the residents of Orange Township to prohibit cultivators, processors, and retail dispensaries licensed under Ohio Revised Code Chapter 3796 within the unincorporated territory of the Township. RESOLUTION NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TOWNSHIP TRUSTEES OF ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO: 1. Pursuant to R.C , the Board prohibits cultivators, processors, and retail dispensaries licensed under Ohio Revised Code Chapter 3796 within the unincorporated territory of Orange Township, Delaware County, Ohio. 2. In compliance with R.C and as provided therein, this Resolution does not limit research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity,. 3. The Board Directs the Zoning Commission to study amending the Orange Township Zoning Resolution to be consistent with the foregoing prohibition. 4. All formal actions of this Board concerning and relating to the passage of this Resolution were adopted in an open meeting of the Board, and all deliberations of this Board and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C This Resolution shall be in full force and effect immediately upon adoption. 6

7 Ms. Knapp seconded the motion and the roll being called upon its adoption the vote resulted as follows: Mr. Robert W. Quigley, Ms. Lisa Knapp, Ms. Deborah Taranto, yes yes yes Voted on and signed this 30 day of October, 2017 in Orange Township, Delaware County, Ohio. Robert W. Quigley, Trustee Lisa F. Knapp, Trustee Deborah Taranto, Trustee Attest: Joel M. Spitzer Township Fiscal Officer State of Ohio, Delaware County: CERTIFICATE I, the undersigned Township Fiscal Officer of Orange Township, Delaware County, Ohio, certify that the foregoing Resolution No. is taken and copied from the record of proceedings of the Board, and that it has been compared by me with the Resolution on the record and is a true and accurate copy. I further certify that the adoption of such Resolution occurred in an open meeting held in compliance with R.C Date: Joel M. Spitzer Township Fiscal Officer EXECUTIVE SESSION This was removed. 7

8 REGULAR SESSION DISCUSSION AND POSSIBLE ACTION REGARDING THE FUNDING AND/OR RETENTION OF OUTSIDE COUNSEL FOR UTILIZATION BY THE TOWNSHIP FISCAL OFFICER IN THE COURSE OF HIS OFFICIAL DUTIES This item was tabled. There was no further business, meeting adjourned at 7:20 p.m. Robert W. Quigley, Chairman Deborah Taranto, Vice Chairman Lisa Knapp, Trustee Attest: Joel M. Spitzer, Fiscal Officer 8