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Minutes 10/05/09 PUBLIC HEARING October 5, 2009 Present: Sara Fisher Peter Runyon Jon Stavney Robert Morris Chairman Commissioner Commissioner Deputy County Attorney This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Resolution 2009-104 Regarding Extension of Temporary Regulations Limiting the Location of Medical Marijuana Dispensaries within Unincorporated Eagle County to allow Time For County Staff and Planning Commissions to Hear and Recommend as to Adoption of Amended Land Use Regulations Implementing the Permanent Regulations and to Permit Preparation by the General Public for a Full Public Hearing on Such Regulations Prior to Permanent Adoption County Attorney's Office Representative Commissioner Fisher stated that given the fact there were no laws in Colorado that outlined permitted locations, business components, health components, etc. none of the regulations existed within Eagle County. In order to incorporate the new regulations into the land use code Community Development needed to go through the process, which would require public hearings and review by the Planning Commission. Therefore, this would continue to be drawn out over the next few months. Commissioner Stavney wondered if staff anticipated this process could take until March 2010. Mr. Morris stated that the Planning Department anticipated the possibility that it could be extended until as late as March because of the time necessary to send the new regulations out for referral then go through the Planning Commission process and back to the board. Not knowing how much public involvement there would be they thought it was best to take the precaution. The statute allowed the board to extend the regulations for up to 6 months from the original temporary regulation. Chairman Fisher opened public comment. Michael Wiser spoke. He recently opened up a dispensary in Edwards; Rocky Mountain High Pain Management Clinic. He believed that the preliminary regulations were fine up to a point. He thought the dispensaries should be monitored in the same manner that a liquor store would be monitored. There should be background checks, and limitations. He read a statement given by the former Surgeon General of the US that indicated that medical marijuana could relieve certain type of pain, nausea, vomiting, and other symptoms caused by such illnesses as multiple sclerosis, cancer, and AIDs or by the harsh drugs used to treat them. He asked that the regulations not be made too harsh or strict as to prevent a dispensary from opening. His wife died from cancer last year and any profits he made from his business would go towards helping children suffering from cancer as he had set up a foundation in her name. He believed that marijuana had some substantial medical benefits. Commissioner Runyon thanked Mr. Wiser for his testimony. He believed the big concern among the community was that this was a half-formed law and the county did not have the authority to conduct background checks because it implied the ability to issue or not issue a license. He hoped that the legislature would correct a lot of that in the upcoming session. Chairman Fisher hoped in time that the state could be helpful in regulating the dispensaries in. CWTently the county did not have the right to issue business licenses in unincorporated Eagle County by state law. Mr. Wiser stated that his business was paying sales tax. Chairman Fisher closed public comment. 1 10/05/09 Commissioner Stavney moved to approve Resolution 2009-104 Regarding the Extension of Temporary Regulations Limiting the Location of Medical Marijuana Dispensaries within Unincorporated Eagle County to allow Time For County Staff and Planning Commissions to Hear and Recommend as to Adoption of Amended Land Use Regulations Implementing the Permanent Regulations and to Permit Preparation by the General Public for a Full Public Hearing on Such Regulations Prior to Permanent Adoption Commissioner Runyon seconded the motion. The vote was declared unanimous. 2 10/05/09