Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Colorado - City Council swerved from one side of the policy road to the other Monday night before finally voting 5-1 to extend the city's moratorium on licensing medical marijuana dispensaries until June 1.
That decision only came after City Manager Jerry Pacheco bluntly told council the administration would be hard-pressed to draft the needed zoning and business regulations for licensing dispensaries within the next 30 days - just about the time left in the current moratorium. Pacheco argued that council's instructions in November was to suspend work on city regulations to give the state Legislature time to act on the issue.
"I don't think I could bring you anything you'd find palatable in 30 days," Pacheco said.
That caused council to reverse direction and approve the extension. Only Councilman Randy Thurston, taking part in his last council meeting, voted against the measure. He wanted to delay any decision until the current moratorium expires Feb. 8 to give the city and marijuana dispensary owners time to work on regulations.
Thurston lost the vote, however, with Council President Vera Ortegon and members Barbara Vidmar, Mike Occhiato, Ray Aguilera and Larry Atencio ultimately voting for the extension. Councilwoman Judy Weaver was absent from the meeting. The surprise Monday night was council's early interest in not extending the
moratorium. A local dispensary owner, Tom Sexton, and his attorney, Jim Oliver,
argued the city was imposing an informal ban on medical marijuana distributors
by setting and extending licensing moratoriums.
"You have to make the call on whether we can operate here. The Legislature isn't going to do that for you," Sexton, the owner of MediMar Ministry, told council. "They may give you some guidance, but it's still going to fall on you."
Oliver argued that residents with state-issued permits to purchase medical marijuana were being punished by council's indecision about permitting the dispensaries. He urged council to postpone any action on a further extension until later in the week, when an Arapahoe County district court is expected to make a ruling on whether cities can impose moratoriums on licensing dispensaries.
Council appeared swayed by that argument because when the proposed June 1 extension was first introduced Monday night, it died for lack of a second.
That left council with no proposed extension even to debate. Pressed for more discussion by Councilman Ray Aguilera, council voted to reconsider the ordinance, which ultimately led to Pacheco telling council that it would be difficult for his administration to bring any kind of licensing regulations to council before the current moratorium expires Feb. 8.
"We like to praise the administration for being excellent, but then we don't listen to them when they tell us they can't do this," Ortegon protested to Thurston and others who were leaning toward no extension.
Monday night's meeting was a sentimental occasion as well, with Occhiato, Vidmar, and Thurston attending their last session before leaving office, making room for newly elected members Steve Nawrocki, Chris Kaufman and Leroy Garcia.
Occhiato served 24 years on council (1978-93 and 2002-09), while Thurston served eight years and Vidmar four.
Occhiato had acquired a reputation for giving council members and the audience occasional history lessons while discussing some long-term issues, but he was brief in saying farewell Monday night. He advised the new council members "not to let the ankle-biters get you down."
Thurston said his years were rewarding and full of challenges - from drafting city water agreements to replacing two city managers. His advice to the newcomers was never to "make deals" in settling controversial issues, offering their votes in exchange for support on other issues.
Vidmar thanked her colleagues for their roles on various issues and said her four years were a chance to serve her community.
It also was City Attorney Tom Jagger's last official meeting after 38 years of being the city's chief legal adviser. Jagger's private law firm has been under contract to the city all those decades, but council decided this year to make its attorney a direct city employee. Deputy City Attorney Tom Florczak will take over as the city's attorney in January.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: chieftain.com
Author: PETER ROPER
Copyright: 2009 The Pueblo Chieftain
Contact: webmaster@chieftain.com
Website: The Pueblo Chieftain :: Medical pot moratorium extended
That decision only came after City Manager Jerry Pacheco bluntly told council the administration would be hard-pressed to draft the needed zoning and business regulations for licensing dispensaries within the next 30 days - just about the time left in the current moratorium. Pacheco argued that council's instructions in November was to suspend work on city regulations to give the state Legislature time to act on the issue.
"I don't think I could bring you anything you'd find palatable in 30 days," Pacheco said.
That caused council to reverse direction and approve the extension. Only Councilman Randy Thurston, taking part in his last council meeting, voted against the measure. He wanted to delay any decision until the current moratorium expires Feb. 8 to give the city and marijuana dispensary owners time to work on regulations.
Thurston lost the vote, however, with Council President Vera Ortegon and members Barbara Vidmar, Mike Occhiato, Ray Aguilera and Larry Atencio ultimately voting for the extension. Councilwoman Judy Weaver was absent from the meeting. The surprise Monday night was council's early interest in not extending the
moratorium. A local dispensary owner, Tom Sexton, and his attorney, Jim Oliver,
argued the city was imposing an informal ban on medical marijuana distributors
by setting and extending licensing moratoriums.
"You have to make the call on whether we can operate here. The Legislature isn't going to do that for you," Sexton, the owner of MediMar Ministry, told council. "They may give you some guidance, but it's still going to fall on you."
Oliver argued that residents with state-issued permits to purchase medical marijuana were being punished by council's indecision about permitting the dispensaries. He urged council to postpone any action on a further extension until later in the week, when an Arapahoe County district court is expected to make a ruling on whether cities can impose moratoriums on licensing dispensaries.
Council appeared swayed by that argument because when the proposed June 1 extension was first introduced Monday night, it died for lack of a second.
That left council with no proposed extension even to debate. Pressed for more discussion by Councilman Ray Aguilera, council voted to reconsider the ordinance, which ultimately led to Pacheco telling council that it would be difficult for his administration to bring any kind of licensing regulations to council before the current moratorium expires Feb. 8.
"We like to praise the administration for being excellent, but then we don't listen to them when they tell us they can't do this," Ortegon protested to Thurston and others who were leaning toward no extension.
Monday night's meeting was a sentimental occasion as well, with Occhiato, Vidmar, and Thurston attending their last session before leaving office, making room for newly elected members Steve Nawrocki, Chris Kaufman and Leroy Garcia.
Occhiato served 24 years on council (1978-93 and 2002-09), while Thurston served eight years and Vidmar four.
Occhiato had acquired a reputation for giving council members and the audience occasional history lessons while discussing some long-term issues, but he was brief in saying farewell Monday night. He advised the new council members "not to let the ankle-biters get you down."
Thurston said his years were rewarding and full of challenges - from drafting city water agreements to replacing two city managers. His advice to the newcomers was never to "make deals" in settling controversial issues, offering their votes in exchange for support on other issues.
Vidmar thanked her colleagues for their roles on various issues and said her four years were a chance to serve her community.
It also was City Attorney Tom Jagger's last official meeting after 38 years of being the city's chief legal adviser. Jagger's private law firm has been under contract to the city all those decades, but council decided this year to make its attorney a direct city employee. Deputy City Attorney Tom Florczak will take over as the city's attorney in January.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: chieftain.com
Author: PETER ROPER
Copyright: 2009 The Pueblo Chieftain
Contact: webmaster@chieftain.com
Website: The Pueblo Chieftain :: Medical pot moratorium extended
