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Board of County Commissioners Meeting Minutes - Final July 11, 2017 <br />Attachments: Staff Report <br />Draft Medical Marijuana Ordinance <br />Attorney Reingold reiterated that under the new medical marijuana law, local <br />governments have two options with regards to regulating Medical Marijuana <br />Treatment Centers Dispensaries (Dispensaries): 1) the County is permitted to ban <br />Dispensaries; or 2) the County may allow Dispensaries, but the location and <br />permitting of Dispensaries in the same manner as that of a pharmacy. He added <br />that the City of Sebastian intends to allow Dispensaries and the City of Vero Beach <br />intends to prohibit Dispensaries; however, it would grandfather in one of the <br />already approved Dispensaries. <br />Attorney Reingold stated that the draft language in the proposed ordinance does <br />three things: 1) it removes references to marijuana throughout the Pain <br />Management Clinic Ordinance; 2) it establishes a clear ban on these types of <br />Dispensaries; and 3) it makes clear that any other code language that is inconsistent <br />with that ban may be repealed. <br />Attorney Reingold said that if it was the will of the Board to continue to ban <br />Dispensaries in the unincorporated area of Indian River County, the County <br />Attorney's Office recommends: 1) the Board review the proposed Ordinance <br />language and authorize the County Attorney's Office to set a Public Hearing on the <br />proposed Ordinance for the August 15, 2017 Board Meeting; 2) the Board authorize <br />the Community Development Department to draft an Ordinance amending the Land <br />Development Regulations to remove references to medical marijuana; and 3) the <br />Board invoke the pending Ordinance doctrine while the Board is considering the <br />adoption of the proposed language prohibiting Dispensaries in the unincorporated <br />areas of Indian River County. <br />A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to <br />1) authorize the County Attorney's Office to set a Public Hearing on the Proposed <br />Medical Marijuana Ordinance for August 15, 2017; 2) authorize the Community <br />Development Department to draft an Ordinance amending the Land Development <br />Regulations to remove references to medical marijuana; and 3) invoke the pending <br />Ordinance doctrine while considering the adoption of the proposed language <br />prohibiting Dispensaries in the unincorporated areas of Indian River County. The <br />motion carried by the following vote: <br />Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner <br />Solari, and Commissioner Zorc <br />14. COMMISSIONERS MATTERS <br />A. Commissioner Joseph E. Flescher, Chairman <br />B. Commissioner Peter D. O'Bryan, Vice Chairman <br />C. Commissioner Susan Adams <br />Indian River County Florida Page 24 <br />