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News (Media Awareness Project) - US CO: Technicality Delays Windsor 60-Day Pot Moratorium
Title:US CO: Technicality Delays Windsor 60-Day Pot Moratorium
Published On:2009-12-15
Source:Tribune, The (Greeley, CO)
Fetched On:2009-12-16 18:07:52
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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