BOARD FAILS TO PASS MEDICAL MARIJUANA MORATORIUM

There currently is no moratorium for medical marijuana dispensaries in
town and that may be the case for some time as the Windsor Town Board
failed in an effort Monday night to slow the rush.

The town board passed an emergency ordinance to impose a 75-day moratorium
on dispensaries by a 4-3 vote. However, the measure actually failed
because ordinances require a supermajority, or a minimum of five votes, to
pass.

"This means nothing changes and dispensaries can continue to come in,"
Windsor Town Attorney Ian McCargar said.

There currently are three marijuana dispensaries open in town and six more
have plans to open in coming weeks.

The board, aware of the lightning-fast increase in such dispensaries,
decided during last week's work session to consider a moratorium as a
time-out while staff worked to formulate policy surrounding the
controversial new businesses coming into town.

The issue is not, as Windsor Mayor John Vazquez emphatically stated last
week, to debate the legislation allowing medicinal marijuana or its use.

Rather, the town was concerned about a policy to manage the influx and
dispersal of the businesses through town.

The sticking point to last night's vote, and the reason for the 4-3 split,
centered around just one business A New Dawn Wellness Clinic, 520= Main
St.

The business is open and has a sales tax license, but does not have a
building permit or approval by SAFEbuilt.

"It's my recommendation that you draw a bright line under the first
business (In Harmony Wellness Center, 4630 Royal Vista Circle) for the
purposes of the moratorium," McCargar said.

In Harmony currently has all of its paperwork turned in and is operating
in full compliance.

Windsor Town Manager Kelly Arnold suggested adding an amendment to the
proposed ordinance that would allow A New Dawn to stay in operation, with
a 30-day timeline to get their building permit and inspection in line.

"In the past, the planning commission and town board have had a policy of
issuing temporary certificates of occupancy while the building permit
process moves forward in an effort to be friendly to businesses," said
Windsor Director of Planning Joe Plummer, explaining why the business
would be open without the building permit.

Vazquez said he felt allowing A New Dawn to remain open would be a good
faith gesture.

"I'm comfortable with setting a 30-day timeline for them to get their
building permit and freezing the remaining six businesses during the
moratorium," he said.

Board member Matthew O'Neill asked about another business on the list,
Medigrow, 1292 Main St.

"I think, because they're open, if you add A New Dawn you have to add them
for fairness," he said.

Medigrow held its grand opening on Monday.

Robert Bishop-Cotner agreed.

"Medigrow is playing by the rules and has submitted their building permit
paperwork," he said. "I feel we should draw the line after In Harmony, A
New Dawn and Medigrow."

Windsor Mayor Pro-Tem Richard Drake disagreed.

"A New Dawn doesn't have their building permit in and they shouldn't be
open," he said. "I'd include them in the moratorium."

Board members Michael Kelly and Nancy Weber agreed with Drake.

Board member Jon Slater, however, did not.

"I'm just not comfortable shutting down a business that's already open,"
he said.

Bishop-Cotner proposed an amendment to the ordinance that would have
excluded A New Dawn from the moratorium, but the amendment was voted down,
by a 4-3 margin. Those against the amendment were Drake, Weber, Kelly and
O'Neill. Those for it were Vazquez, Bishop-Cotner and Slater.

Lazarus Pino, the business owner of Medigrow, addressed the board and said
he had worked hard to get his building permit paperwork in by Friday to
ensure he would not be included in the moratorium.

"We moved up our grand opening to ensure that we were ready to go," Pino
said. "We were trying to play by the rules."

Vazquez said he understood, but stated the majority of the board had
already decided to draw the line under In Harmony Wellness.

"This is not meant to be adversarial," he said.

When the final vote was taken to pass the moratorium, the vote failed by
the same 4-3 split that had defeated the amendment.