BATAVIA – Voters will face a ballot question in the November election asking if recreational marijuana dispensaries should be allowed in Batavia.

Aldermen on Tuesday decided to put the issue before the community in a binding referendum.

The Batavia City Council met as a committee-of-the-whole in a meeting that attracted a large crowd of residents, many of whom rose to speak for or against the sale of marijuana in the city.

The session had been expected to be a showdown to determine if there was enough council support to override Mayor Jeff Schielke’s threatened veto of any ordinance allowing a dispensary in Batavia.

Ten aldermen expressed support for allowing a dispensary, the bare minimum needed for a veto override by the 14-member council.

Aldermen conducted their straw poll after more than an hour of listening to residents, with some of the marijuana dispensary opponents challenging the council to put the question on the ballot.

“I’m not afraid of a public vote,” 2nd Ward Alderman Marty Callahan said. “I believe a majority are in favor of having a dispensary.”

As the discussion continued, support for a referendum continued to build among aldermen.

“It’s a big deal that we are talking about overriding the mayor’s veto,” said 3rd Ward Alderman Dan Chanzit, a marijuana dispensary proponent.

Chanzit said he would prefer to have a least 12 if not all 14 aldermen on board before approving an ordinance.

City Administrator Laura Newman told aldermen that the referendum question should be simple and straightforward.

Newman said it is far too late for the question to be placed on the March primary ballot, which is already set, but there is plenty of time to get it before voters in the November general election.

The question probably will read something like this: “Shall the city of Batavia permit recreational marijuana dispensaries to locate and do business within the corporate limits of the city?”

If approved, the council could then turn to the question of where such dispensaries would be allowed under the city’s zoning ordinances and at what rate to tax marijuana sales.

“If the referendum passes, I think it will give the council the confidence to craft an ordinance,” Chanzit said after the meeting. “If it crashes and burns, that’s the will of the people that they don’t want it here.”

The binding referendum would eliminate the possibility of a pot shop in Batavia if rejected by voters.

However, approval would not guarantee that a dispensary will be located in the community anytime soon.

“The chances of us getting a dispensary, even medical, are very slim,” 2nd Ward Alderman Alan Wolff said, adding that it is more likely that the city would see a cannabis cultivation facility locate in Batavia before a retail dispensary.

Even if the voters approve a referendum and the council approves an ordinance, aldermen may still have to override a mayoral veto.

“I can’t in good conscience put my name on anything legalizing drugs in Batavia,” Schielke said.

There currently are no marijuana businesses of any type in Batavia.

The city has an ordinance in place allowing for marijuana growing facilities in industrial areas and for conditional use permits to be issued by the council for medical cannabis dispensaries in some industrial and commercial zones.

Schielke has said he probably would sign an ordinance for a medical marijuana dispensary.

Wolff, a proponent for allowing the dispensaries in Batavia, said the city should charge the full 3% municipal tax permitted under state law in order to maximize revenue from marijuana sales.

Council members in favor of allowing the dispensaries said marijuana is already prevalent in the community and the city should take advantage of the opportunity to collect tax revenues to off-set the anticipated public safety problems that they believe legal cannabis will bring.

Fifth Ward Alderman Mark Uher, whose support for allowing dispensaries appeared lukewarm, said he would only vote for an ordinance that earmarks marijuana tax revenues for public safety uses.

“That’s the only way that I would support it,” Uher said.

Others, including Callahan, said the sale of cannabis by dispensaries ensures that the product is regulated and that people will know what they are buying.

The four council members who said they are opposed to recreational marijuana dispensaries in Batavia included 1st Ward Alderman Michael O’Brien, 6th Ward Alderman Nick Cerone, 3th Ward Alderman Elliot Meitzler and 4th Ward Alderman Joe Knopp.

“I’m a hard no,” O’Brien said. “As much as we need the revenue, this is a poor source. I don’t want to contribute to this psychotic behavior. We cannot do this to our youth.”

Cerone said a marijuana dispensary would harm Batavia’s image as a place for families.

“Just because its legal doesn’t make it right,” Cerone said.

Meitzler said legalization of marijuana is already making it more prevalent and expressed concern about use by those under the legal age of 21.

“I don’t want my name on that,” Meitzler said.

Knopp indicated he had been grappling with the question.

“I have been solidly on the fence,” Knopp said, before being influenced by the residents at the meeting speaking out against the dispensaries.

In addition to Callahan, Chanzit, Wolff and Uher, six other council members expressed support for allowing recreational marijuana sales in the city.

“I’m just not worried,” 5th Ward Alderman Abby Beck said.

“It is something that is not going to change this town,” 7th Ward Alderman Kennan Miller said.

“I want to provide cannabis in a safe and efficient manner,” 6th Ward Alderman Michael Russotto said.

First Ward Alderman Jennifer Baerren, appointed to the council only last month, said she would favor earmarking marijuana tax revenues for public safety.

“The state has made it legal and now we have to deal with the consequences,” Baerren said.

Seventh Ward Alderman Drew McFadden expressed a similar view.

“We have to deal with the unfunded mandate from the state,” McFadden said. “The responsible thing is for us to deal with it on our own terms and take advantage of the tax revenue.”

Fourth Ward Alderman Tony Malay took a more political and philosophical viewpoint.

“This is truly about social justice,” Malay said. “We have gotten drug laws so wrong for so long in this country,” he continued, pointing to tough jail sentences imposed on non-violent drug offenders, particularly minorities.

“Batavia is the kind of town that says let’s be part of the solution,” Malay said.

Prior to the council’s discussion and decision to put the issue before the voters, about 21 citizens took turns speaking in front of the aldermen. Most expressed opposition to a recreational marijuana dispensary in Batavia.

“You have the ability and responsibility to just say no,” Lois Dahlstrom said. “Don’t get caught up in the idea of the tax revenue. Take a stand with Mayor Schielke,” she said.