Pubdate: Tue, 15 Dec 2009 Source: Tribune, The (Greeley, CO) Copyright: 2009sThe Greeley Publishing Co. Contact: http://www.greeleytribune.com/ Details: http://www.mapinc.org/media/3165 Note: Note: typically publishes LTEs from circulation area only Author: Sherrie Peif Technicality delays Windsor 60-day pot moratorium WINDSOR -- What was expected to be a slam dunk for a 60-day moratorium on medical marijuana dispensaries in Windsor turned into a surprise split among the board members that caused the emergency ordinance to fail. The Windsor Town Board voted 4-3 -- twice -- to support the moratorium, but because it was an emergency ordinance, it needed at least a 5-2 vote to pass. Thus the ordinance failed, and dispensaries can still locate in Windsor, needing only a sales tax license and a lease. Town Attorney Ian McCargar wrote the ordinance so that only In Harmony Wellness, 4630 Royal Vista Circle, would be allowed to operate during a 75-day timeout for new businesses. His reasoning was that In Harmony was the only business of eight currently open or in the process of opening that was in complete compliance with Windsor's laws. But Mayor John Vazquez and board members Robert Bishop-Cotner and Jon Slater wanted to extend that to include one other business, A New Dawn Wellness Clinic at 520 Main St., which is the only other business actually open. A New Dawn, however, is not in compliance with building code regulations. The trio asked for an amendment to give A New Dawn 30 days to come into compliance. "I'd rather give them 30 days to perform than call them up tomorrow and say sorry, but we're closing you down," Vazquez said. Slater agreed, adding he had a problem making people with leases continue to pay their rent but be unable to operate their business. But the rest of the board couldn't be convinced, and the amendment failed 4-3. When the board took up the original moratorium, which kept only In Harmony open, Bishop-Cotner, Slater and a visibly frustrated Vazquez, who said before the vote he didn't agree with the decision but would support the wishes of the board, voted no, causing the entire ordinance to fail. "I thought I was out," said Lazarus Pino, owner of Medigrow after the meeting. "My whole life was laid on the line. The pressure was on. When it reversed, I knew God was with me. Now my family and I can continue to move forward and operate our business." Town Manager Kelly Arnold said the board will continue to hold work sessions on the topic and come up with regulations and zoning for the businesses, but it will have to be done without a moratorium in place, which means more businesses could choose to locate here in the meantime. Arnold also said one of the members voting no could ask for a reconsideration of the ordinance at the next meeting. "We'll just keep pushing forward," Arnold said. - --- MAP posted-by: Keith Brilhart