MEDICAL MARIJUANA TO BE ON COUNTY BALLOT

At November's general election, Park County voters will be asked
whether to prohibit medical marijuana centers and related growing and
manufacturing operations in unincorporated Park County.

The ballot question, approved by Park County's commissioners at their
regular meeting on Aug. 12, specifically allows centers that were
legally operating before the July 1 state moratorium to continue operating.

A second ballot question will ask voters to approve a 4 percent sales
tax on medical marijuana and paraphernalia. The tax would be in
addition to the current countywide 1 percent sales tax.

A six-page resolution placing the questions on the ballot was
approved by the commissioners on Aug. 12.

The resolution also directs the Park County Clerk and Recorder's
Office to publish the text of the resolution four times in The Flume.

Prohibition ballot question

The commissioners discussed the wording of the question, noting that
some might think a "no" vote would mean medical marijuana centers and
related operations would not be allowed.

With the question's wording, if one does not want centers operating
in the county then one must vote "yes." If one wants to allow
centers, then one must vote "no" on the ballot issue.

Commissioner John Tighe said he didn't like questions where a yes
vote really means no. He said he would prefer the question was worded
so that a no vote meant centers would not be a legal use.

Commissioner Mark Dowaliby said that if the question asked voters to
allow centers, then a no vote would mean no.

County Attorney Lee Phillips said there is no way to word a
prohibition question so a no vote meant centers would be prohibited.

Phillips said the question could not be worded asking voters to allow
centers in the county because under state law, they are already allowed.

Dowaliby said the general consensus of discussions at Colorado
Counties Inc. was that any current locally approved operating center
has a vested right. Prohibiting them as well as new centers in any
ballot question would be considered "a taking" without just compensation.

Phillips said he wasn't sure how many centers were currently
operating legally in unincorporated parts of the county as of the
state application deadline of Aug. 1.

The Colorado Medical Marijuana Code went into effect on July 1. The
code requires any currently operating center to: have local
governmental approval or an application submitted for such approval
by July 1; have a valid Colorado business license and be current on
paying sales taxes; have submitted the appropriate state documents;
and have paid the required fee by Aug. 1 to the State Department of Revenue.

If a business meets those requirements, it may continue to operate
until state regulations are established.

Submitting the documents and paying a fee does not guarantee that a
medical marijuana center will be licensed by the state once
regulations are in effect. A future application will then be
processed in light of adopted state regulations and issued a state
license if all regulations are met.

Park County Development Services Coordinator Tom Eisenman told The
Flume that, under current zoning criteria, to the best of his
knowledge only one center in unincorporated Park County could be
considered to be operating as a "legal non-conforming use." He said
that center is in Pine Junction.

A "legal non-conforming use" means a use that was in effect before
regulations governing that use were adopted or changed.

He said for a center to be considered a legal non-conforming use in
unincorporated Park County, it had to be operating before the county
moratorium took effect last November and be on property zoned mixed use.

4 percent tax question

The additional four percent sales tax question, if approved by
voters, would take effect on Jan. 1, 2011.

Language in the ballot question says the tax would apply only if the
prohibition ballot question is not approved by voters.

But Section 4 of the resolution states the tax would apply to centers
in existence on July 1, 2010, if the measure to prohibit new centers
is approved.

County Attorney Phillips told The Flume the tax would also apply to
centers in incorporated towns as well as the rest of the county.

According to Phillips, Fairplay does not have any centers operating
currently, but Alma has several. He said two had applied for a
business licenses in Fairplay, but one had not opened, and the other
went out of business.

Phillips said he was still investigating what effect Alma's current
sales tax rate would have on imposing the marijuana tax on businesses
in Alma's jurisdiction because a new tax would exceed the tax rate
allowed by state law.

One option could be an intergovernmental agreement between the county
and Alma to have Alma reduce its tax rate and then have the county
reimburse Alma from the new county tax. Phillips said another option
would be for the county to exempt medical marijuana businesses in
Alma from the new tax.

Anyone may submit pro or con statements to the Park County Clerk and
Recorder's Office by Sept. 15 for inclusion in the "Blue Book"
statements that are required by the Taxpayer's Bill of Rights (TABOR)
in the Colorado Constitution.

That "Blue Book" - which lists all ballot issues, with summaries of
each question and pro and con statements on each issue - will be
mailed to Park County voters as required by state law.

Statements may be e-mailed to SBalicki@parkco.us; faxed to
719-836-4348; delivered in person to the Clerk and Recorder's Office
at 501 Main St. in Fairplay; or mailed to Park County Clerk and
Recorder's Office, P.O. Box 220, Fairplay, Colo., 80440.

The Clerk's Office will summarize all pro and con statements received
for inclusion in the "Blue Book".

Board of Equalization appeals

Also at the Aug. 12 meeting, the commissioners approved the property
tax recommendations by hearing officer Richard Mandel for 2010 tax appeals.

Ninety-six tax appeals were received by Park County Assessor's
Office. Of those, five were withdrawn.

The Assessor's Office was able to stipulate a compromise in the tax
amount on 64 of the properties.

Of the remaining 27 appeals heard by Mandel, 10 were denied and 17
were adjusted.

The stipulated and adjusted property values caused a shortfall in
property tax revenue for a total of $373,147.

Special Events permit

The commissioners approved a special events liquor license permit for
a National Rifle Association banquet sponsored by the South Park
Sertoma. The event will be held on Sept. 18 from 1 p.m. to midnight
at Camp Como. The event is a fundraiser that includes an auction.

WIC contract

The annual Women, Infant and Children (WIC) contract renewal was
approved with the Colorado Department of Public Health and
Environment. Park County will receive $34,000 to administer the program.

Park County Public Health Director Robin Phillips said the amount was
higher this year because it included training for a new administrator
that was hired.

Phillips said the department will operate the program one day a week
in Fairplay, one day a week at the Mountain Resource Center in
Conifer, and two days a week in Bailey.

Food donations are also being accepted for the program. Those wishing
to donate may call 719-836-4161 for more information.