2016-1215 Regular City Commission Meeting Minutes

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Summary Minutes: Regular City Commission Meeting December 15, 2016 City of Sunny Isles Beach, Florida 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING 7A. Public Hearing: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Moratorium on the Submittal, Processing, and Issuance of Local Business Tax Receipts and/or Land Use Approvals for Medical Marijuana Dispensing Organizations and Treatment Centers, as Defined Herein, for a Period of One Hundred Eighty (180) Days from the Date of Adoption of this Ordinance; Providing for Legislative Findings, Intent and Purpose; Providing for Conflict; Providing for Severability; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting this Ordinance was requested by Mayor Scholl and Commissioner Aelion. The constitutional amendment to legalize medical marijuana was recently approved by the voters in November, consequently marijuana dispensing facilities will be doing business in the State of Florida. As such, this Ordinance will preclude these facilities from doing business in Sunny Isles Beach until City staff is able to investigate the impact of these facilities without appropriate regulations to ensure there is no negative impact on our community. Public Speakers: None Mayor Scholl said he has had more people calling him about having marijuana dispensing facilities. The fact is that the State rules are not clear yet, and we need to get a lot more clarity. We don't have any rules on the books that prohibits it, and so this is a preeminent strike to make sure we can freeze it for now until we understand it better. Given the fact that we are a small community, tightly coupled, and our commercial district is relatively small, we need to understand this clearly. Commissioner Aelion agreed, and noted the School Board is in the process of working on this for minimum distances of any future facilities especially by a public school. He asked if the 180 days is the ceiling or if it is one year? City Attorney Ottinot said they won't allow more than a year, but he thinks six (6) months is enough. Mayor Scholl said the State does not have complete clarity yet. Vice Mayor Gatto added that she thinks they have until July 2017 which is longer than six (6) months for the State to come up with rules. They are looking at three (3) options and so it behooves us to wait. Mayor Scholl said if we don't have clarity by July, we can add another six (6) months to it. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, January 19, 2017, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Svechin yes Vice Mayor Gatto yes Mayor Scholl yes