TOWN OF LIMON BOARD OF TRUSTEES Regular Meeting October 7, 2010  Notice of this meeting was published in the Limon Leader on October 7, 2010.  Mayor Beattie called the meeting to order at 7:00 p.m.  ROLL  Town Clerk Chris Snyder called roll. Members of the Board present: Mayor Beattie; Trustees: Andersen,  Hawthome, Hendricks, Kelly, and King. Trustee Metcalf was absent.  STAFF  Staff present: Town Manager Stone, Attorney Kimble, Sgt. Lengel, Administrative Intern Hanson and  Town Clerk Snyder. GUESTS  Will Bublitz, Morgan Honea, Rob Handley and Linda Clement.  PLEDGE OF ALLEGIANCE MINUTES  Trustee King moved to approve the minutes for September 2, 2010; seconded by Trustee Hawthorne.  Motion carried unanimously. 10 MINUTE CITIZEN INPUT-I NONE LIQUOR LICENSE RENEWAL  Trustee Hendricks moved to approve the liquor license renewal for Oscar's Bar & Grille dba Fireside  Junction Restaurant; seconded by Trustee Andersen. Motion carried unanimously. PUBLIC HEARING: PROPOSED AMENDMENT TO LAND DEVELOPMENT CODE  Mayor Beattie opened the public hearing at 7:03 p.m.  Town Manager Stone reported that Amendment 20 to the Colorado Constitution authorizes the use of medical marijuana within the state of Colorado. C.R. S. 12-43.3-310 of the Colorado Medical Marijuana Code specifically authorizes a municipality in part to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marjuana-infused manufacturers' licenses based on local government zoning, health, safety and public welfare laws for the distribution of medical marijuana The Board of Trustees previously passed ordinances imposing a moratorium on the commercial uses of marijuana within the Town, including the processing and approval of all applications for permits and licenses by the Town relating to medical marijuana uses in order to allow the Town staff, working with the Town Attorney, to evaluate and prepare appropriate regulations concerning such uses within the Town. The Board of Trustees has indicated that you would like to prohibit the uses allowed by the Colorado Medical Marijuana Code. Since this is a land use action, these changes need to be made to the Land Development Code. Section II.C.1.1 of the Land Development Code allows the amending of the Code. Requests to amend this code initiated by the Town Board or Planning Commission, or by Town staff, will be prepared as a draft ordinance by the Town Attorney and planning staff, after review and  that are more restrictive than state law.  These ordinances will expire on October 31, 2010.  Regular Meeting /October 7, 2010 Page 1    recommendation by the Planning Commission and presented to the Town Board for the scheduling of a The Land Development Code, Section II.C.2.1. states the Planning Commission will review the proposed amendment ordinance in a timely manner sO as to have recommendations to present to the Board at a Town Attorney Kimble spoke about moratoriums and the laws regulating medical marijuana. There has not been a lot of litigation which had been a concern. More legislation is coming with more regulatory The ordinance prohibits commercial centers, cultivation centers and medical marijuana food products. Assistant Manager Kiely talked about what is not addressed in his memo. Most counties and He talked about some of the reasons he sees to prohibit such as strain on law enforcement. If you license it,iti is like the liquor code with zoning issues, and could be an administrative burden. There is a concern that organized crime is getting involved with the industry. Itis a confusing and complicated issue and the Federal government has not recognized the legality of medical marijuana. Eventually the Federal Patients can have 6 plants and caregivers can grow for 5 patients. They cannot be out in the open and seen. There is concern that homes that are heated and lighted for the purpose of growing plants can Trustee King asked about the Town drug testing policy and medical marijuana use. He was told it would Trustee Hendricks asked about enforcement of the law with use of a vehicle by a patient and was told by Sgt. Lengel that it is still against the law to drive under the influence. There is a lot of frustration and Morgan Honea, representing Plains Medical Center stated that from a administration standpoint medical  public hearing. The hearing was held on September 28".  public hearing. The Planning Commission recommended approval of the ordinance.  actions concerning care givers.  municipalities in Eastern Colorado are going the prohibition route.  government could crack down on caregivers and patients.  cause deterioration of the house and can cause mold & mildew issues.  not be allowed under the policy.  concern for law enforcement dealing with this issue. marijuana is not a part of their practice. Mayor Beattie closed the public hearing at 8:30 p.m. ORDINANCE NO. 541; AMEND LAND DEVELOPMENT CODE  Mayor Beattie introduced and there was read in full the title of the following proposed ordinance and the entire text of said ordinance was submitted in writing to each member of the Board of Trustees and the Ordinance No. 541; An Ordinance to Amend the Land Development Code of the Town of Limon, Lincoln County, Colorado, to Add Article II, Section G, Prohibiting Certain Uses Relating to Medical Marijuana Including the Commercial Retail Sale, Distribution, Cultivation, and Dispensing of Medical Marijuana and Trustee King moved to approve Ordinance No. 541; seconded by Trustee Hawthorne. Motion carried  Mayor.  Medical Marijuana Infused Products.  unanimously.  RESOLUTION NO. 10-10-37; AFFLIATION AGREEMENT  Town Manager Stone introduced and there was read in full the title of the following proposed resolution and the entire text of said resolution was submitted in writing to each member of the Board of Trustees and Resolution No. 10-10-37; A Resolution Approving an Affiliation Agreement with the State of Colorado, Department of Higher Education by the State Board for Community College System on Behalf of the  the Mayor.  Regular Meeting /October 7, 2010 Page 2    Pueblo Community College's Division of Health Professionals for the Training of Students and Authorizing Trustee Hendricks moved to approve Resolution No. 10-10-37; seconded by Trustee King. Motion carried RESOLUTION NO. 10-10-39; PROPOSAL FROM COMPLETE WIRELESS TECHNOLGIES Town Manager Stone introduced and there was read in full the title of the following proposed resolution and the entire text of said resolution was submitted in writing to each member of the Board of Trustees and Resolution No. 10-10-39; A Resolution Approving a Proposal from Complete Wireless Technologies in Excess of $10,000 for Radio Headsets and Ambulance Intercoms for the Ambulance Department of the Trustee Hendricks moved to approve Resolution No. 10-10-37; seconded by Trustee King. Motion carried RESOLUTION NO. 10-10-38; OPPOSITION TO PROPOSITION 101 AND AMENDMENTS 60 AND 61 Town Manager Stone introduced and there was read in full the title of the following proposed resolution and the entire text of said resolution was submitted in writing to each member of the Board of Trustees and Resolution No. 10-10-38; A Resolution of the Town of Limon, Lincoln County, Colorado Stating Opposition Trustee Kelly moved to approve Resolution No. 10-10-38; seconded by Trustee Hendricks. Motion carried  Execution of Said Memorandum of Understanding.  unanimously.  the Mayor. Town of Limon. unanimously.  the Mayor.  toF Proposition 101 and Amendments 60 and 61.  unanimously.  ORDINANCE NO. 542; MEMORANDUM OF UNDERSTANDING WITH FAA  Town Manager Stone introduced and there was read in full the title of the following proposed ordinance and the entire text of said ordinance was submitted in writing to each member of the Board of Trustees and Ordinance No. 542: An Ordinance Approving the No-Cost Land on the Airport Memorandum of Agreement with the Federal Aviation Administration for Use of al Portion of the Limon Municipal Airport and Authorizing Trustee King moved to approve Ordinance No. 541; seconded by Trustee Andersen. Motion carried  the Mayor.  the Execution of Said Agreement.  unanimously.  CEMETERY BOARD APPOINTMENT Andersen. Motion carried unanimously. LIBRARY BOARD APPOINTMENT  Trustee Hawthorne moved to appoint Tom Anderson to the Cemetery Board; seconded by Trustee  Trustee Andersen moved to appoint Georgann Martin and Tammy Schieffelin to the Library Board;  seconded by Trustee Kelly. Motion carried unanimously. PLANNING COMMISSION APPOINTMENT Motion carried unanimously.  Trustee Kelly moved to appoint Teddy Bandy to the Planning Commission; seconded by Trustee King.  Regular Meeting /October 7, 2010 Page 3    BOARD OF ADJUSTMENT APPOINTMENTS  Trustee King moved to appoint Ernie Love, Tony Barb and John Olesen to the Board of Adjustments;  seconded by Trustee Hendricks. Motion carried unanimously.  MUNICIPAL CODE UPDATE tot the Board. ATTORNEY'S REPORT ADMINISTRATION REPORT Sgt.Lengel  Town Manager Stone reported that the municipal code has been revised and that we will give new copies  Attorney Kimble reported on cases in Municipal Court.  B P  urglary investigation that turned into a meth lab and the potential costs of these kinds of cases.  atrol cars are getting fixed. Administrative Intern Hansen Marketplace convention. Town Manager Stone  able television system has been purchased by Cam's Cable and they want to discontinue service  in Limon.  R  eported on CML policy committee meeting.  MAYOR'S REPORT  Mayor Beattie asked about re-cycling of plastic bottles and was told by Town Manager Stone that we are  not able to do it at this time but he will check into it.  TRUSTEE'S REPORT APPROVAL OF BILLS Motion carried unanimously. ADJOURNMENT unanimously.  Trustee King asked about the grass at the feedlot and a culvert at8 8" Street and G.  Trustee Hawthorne moved to approve the bills for the month of September; seconded by Trustee King.  Trustee Hawthorne moved to adjourn at 8:35 p.m.; seconded by Trustee Hendricks. Motion carried  Regular Meeting /October 7, 2010 Page 4    TOWN CLERK  MAYOR  Regular Meeting /October 7, 2010 Page 5