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April 13th Commissioners Meeting

April 13th Commissioners Meeting

The Fremont County Board of Commissioners heard testimony today from five people on the issue of temporary regulations for medical marijuana dispensaries.

Beverly Kinard spoke out against the use of marijuana saying Amendment 20 in the Colorado Constitution should not be expanded. Kinard said the amendment did not call for the setting up of marijuana dispensaries. Lisa Pinnello of Penrose, who explained how she carefully manages her marijuana dispensary to medical marijuana caregivers, said she had a concern about the use of the term 'primary caregiver' in the county's regulations. Debbie Giem urged the Commissioners to proceed slowly with regulations and to observe what is going on at the local dispensaries. She said she has seen children enter the dispensaries, has seen 'stuff' passed around in vehicles after people leave a dispensary, and observed children being given medical marijuana patient cards. Giem said young people going into these places is not acceptable.

The county's temporary medical marijuana regulations deal primarily with restricting the operation of dispensaries in business and rural highway business zones; minimum distances from schools, churches, and other such shops; signage; and allowing caregivers working from their home to have only enough marijuana supply for three medical marijuana patients. Commission Chairman Ed Norden said the board did not want caregivers to start big greenhouse operations in the backyards of residential areas.

Asked what would happen if the Commissioners rejected the temporary medical marijuana regulations in their entirety, County Attorney Brenda Jackson said it means dispensaries could operate anywhere in the county without restrictions other than what is regulated in the constitutional amendment or by the legislature.

The Commissioners voted to extend the current temporary regulations until October 31st to provide time to weigh the county's temporary regulations against what may be adopted by the Colorado General Assembly this spring.

The Commissioners today once again tabled action on renewal of the hotel and restaurant liquor license for the Whitewater Bar and Grill on Eight Mile Hill west of Canon City. The renewal application was tabled from two weeks ago to allow bar owner Ty Suefer to address concerns raised again over loud music generated by live bands during the summer.

Most of the discussion shifted to the issue that the outdoor area where liquor is served appears to be much larger than the sketch drawing that was part of the original liquor license approval. Suefer said his serving area is accurately depicted in the drawing. Referring to photographs of the Whitewater Bar's outdoor serving area, the Commissioners said having eight free-flow entrance and exits and permitting drinking on the sidewalk outside the front door, would never be permitted under the state liquor code. Suefer said the serving area is the same that the Commissioners have approved the past six years. Chairman Ed Norden said that regardless of oversights by previous boards, the Commissioners could not approve something that would be an obvious liquor code violation once Suefer begins operating this spring.

The Commissioners tabled review of the Whitewater liquor license until the April 27th board meeting. They asked Suefer to submit plans that would bring his service area into compliance with the liquor code and suggested he mostly likely will still have to apply separately to modify his premises beyond what his drawing currently depicts.

The Commissioners today also:
  • Approved a request from Fremont Search and Rescue to pay $3,700 in insurance costs for the group this year from the county's General Fund reserves;
  • Approved appointments of twelve people to staggered terms on the Fremont Fairs and Shows Association. By changing the by-laws to have the appointments made by the Board of Commissioners the group will qualify for county liability insurance coverage for such events as the annual 4-H Livestock Auction;
  • Approved a resolution transferring $243,645 from the General Fund reserves to the Sheriff's fund to cover shortfalls in the 2009 Sheriff's budget;
  • Approved an annual resolution for exclusion of certain private parcels of land from the John C. Fremont Library District at Florence and properly moving them into the Penrose Library District;
  • Approved proclamations for Child Abuse Prevention Month in April and Foster Care Month in May;
  • Formally approved the Energy Performance Contract with the Ennovate Corporation which conducted an energy audit of all the county's buildings with a grant from the Governor's Energy Office. The contract cost of $2.1 million guarantees that the county will see a minimum of $127,000 in energy savings but actual energy savings are estimated closer to $253,000 per year. The biggest project under the contract is replacement of the 1960's era boiler and chiller units used to heat and cool the Fremont County Administration Building;
  • Authorized an expenditure of $59,750 with Pueblo Wintronics for new audio and video equipment to be installed in the Commissioners' Board room to televise meetings. Money for the project comes through the City of Canon City from Bresnan Cable Company franchise fees;
  • Approved a Temporary Use Permit for the annual Temple Canyon Hill Climb on May 8th and 9th on Temple Canyon Road south of Canon City;
  • Approved a Temporary Use Permit for the Penrose Chamber of Commerce to operate flea markets at the Gooseberry Restaurant parking lot on the first Saturday of each month starting May 1st;
  • Approved a fee of $250 for persons applying to the Planning and Zoning Department for review of medical marijuana dispensaries.