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.
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MAP posted-by: Keith Brilhart