HomeMy WebLinkAbout2009-11-02 (Regular) Meeting Agenda PacketCdll 1nOrcf r.
~ l01 o,.11ion.
4. Roll C,111 .
Age nda for the Regular Meeting of the En lewood City Council Monda , ovember 2, 2009 :30 pm fnJ!I ,ood Cn,c c ... uer -Council Chambers 1000 En~le\\ood Park'"' Em:Je,,ood CO 80110
. i. Cun ref r,11rcm 01 Mrnu1es or Pr e, lous Session .
a /\llnu1e; irom 1h~ R,·gular 01\ Councd Mee trng o r Oclober l'l ~(J(lq_
b, R ognmon 01 Scheduled f'ublrc Comment I Please hmn ,·our presen1a1,on lo 1en m1nu1es .1
,1 Presen1a1100 10 Engll'\,ood Police Cruzen Academ, Gradua1es.
b. fnl!le\\ ood res1den1 lean lesmer;tt•r ,, ,II be pre,en t lo address Crl\ C ourxrl reg.1rdmg th Code Emol(t>mem pr0c,•» •
r11gll'\1ood r ,dent )Jck,e Ed11ard 11111 be presen1 lo speak regard,ni; M..-drcal Marr1uan,1
d (1111 ul1,uu Erin /ll,1rc0\e 11111 ht> prl'1 ni 10 speak rei:,udrng C.mn~hr, lllt'd1Cal Therapeu u
ReLognu,on o r Unschedul d Puhl1< Comment /Please lirni1 \Our presenta1111n 10 111 e
n11n ut e, Trnw 10, unsc hedul d puhlrc com men 1 ma, be lim1 1 d lo ~5 mrnrlles , ,1nd h l1n111 ed,
shall he Lon lin ued 10 G;,m•ral Dr,cussron ,J
Pt.,,,,t• 11011• II \1111 h,h t' d 1l1,d11l1t\ ,1n1t fl,'i·r1 ,l 'l\li,H\ ,ud,. nr '-f't\1r1"\ 1lii•,1•p 11nlH\ lhf' C II\ ,,1 (11A,l1•\,n ,,,I
tCl 1, .. h .!·~O:rl'i, ,1111 .,11.1 Hl 11,,m~ ill ,1fh,m1.1• or,,,~.,, "-'-."I C~ ,111• 10~,-d
f r,e,l~\(M1d (,1\ ( OIJ!'l(J~ A ~i•n 11 , ,,t-na_.,~ .!(JO•• f',uv• ~ 8. Com11111mcauon, Prodarllitt1om, ~md f\ppf,mtrntlnts a [-mJ,I """' ,,cl Panella announcing ho, ,e"µn,lllPn 1mm dw Alliance mr Commerce II\ Englt'"l,ood c,,mmlllee 'J. Consent Age11d.1 llem,.
a. ApprOI ,11 01 Ordinances on F1rs1 Readon~
b. Appro, al 01 Ordinances on S.-cond Reading.
Council Bill ,o. 50, aulhorizong 1he purdldse oi 1en un,dentu1ed single-1amol,.
, acan1 toreclosed propcr11e1 localed on lh e C11) 0 1 Engle-, ood 10 1ul11II lh e
,e,ghh~thood Siab,llzalion P· ,gram contracl
c. Resolu11ons and Motions.
Recommendation 110111 lhe Llbraiv Deparlmenl lo ,1ppro, e a res olu1 ion
au1honzmg the llbran Dep.1r1men110 implement ,is 1009 \\'ln1er Food 101
Fines program from 1>1onda1 , No,ember 30 lhrough Sunda\, December 13,
W09. STAFF SO URCE: Hank long. Diredor of library Se rvi ces.
l 0. Publoc Hearin g llems fNo PublK Hearing Scheduled!.
I l O rdmances, Resolu11011s and 1-1011ons
a Appro, al or Ordinances on Fors1 Reading.
Council Bill ,o, 5~ -Recommendauon trom 1he Parks ,md Recreauon
Deparlmenl 10 adopl a bill ior an ordinance sup1>orung .,n appli ca 11on ,o r a
Special OppOrluml) Grant trom Creal Outdoors ColorJdo lor Duncan Park
development STAFF SOURCE: Jerrell Black, Di rector or Parks and
Rcaeation.
h ApprO\ al ot Ordinances on S,>cond Readin11,
Re1olu 11111,s and Mo1,ons.
Recommendalion orom lh e C,"· Manage, , Offic~ 10 adopl a re,oluuun
app<0,mg 1he Animal Shehenng Agreemen l \\ilh 1he Pla11e Valle, Humane
Society. STAFF SOU RCE: Mike Flaherty, Oepul)' City Manager.
l!ecommenda11on trom die C,1) Manager\ Office 10 .1dop1 a resoluuon
,1pprovlng Jn agreement re~ard ,ng a ca pital con1rlbu111 , ,or Animal She ller
1>1)('ra11on\ STAFF SOURC1:: Mike Flahert1, Dtpul) Cil\• Mana ger.
Ptt•,,,r, noh-h ,ou h.i~e ,, rl1"-,UJl,m ,lt 1111,-.. ,t ,nt\11,a" ,lllk o, '-f'f\Kt"\ J'e.tw nnt f\ dk· (1t\ Ot lntt> .... ,,,od
~{l 1 -e,;!.;,it(j ,1l liw•1 48 hour,-1:-. ,111-,m~ r of \,h(1, '''f\1"f"~ ,l'l" 1wrdi•d
I 1 , t"\HloOd Cm t ~t111i. d A,:, ... ,lL, '\ \Prnlw,: .:!OtKJ P,1(1 I 111. Recomnwndat,on 1ro m tlw F,n,rn ce and -\dr111nistra11,e Sel\oces Depa rtm ent 10 adopt a resoh11lon apprm mg J supplemen ta' app ropna11on ror a S 100.000 cJp1tal conmbunon 10 the Humane Soc,e l\ 01 Sou th Plan~\ alle, STAFF SO URCE: Fr.1nl G11 gfe,;icz. Director of Finance and Adm inistratin Service s. ". Recommenda11on from th e Commumr, De, elopment Departm en t to apprm e,
h, mo11on. the South Broad\\a) Englewood Busln~s lmpro,ement District
Operating Plan and proposed Wl0 Budget STAFF SOURCE: Da1Ten
Hollingsworth, Economic Development Coordinator.
1 ~ ~eneral Disc uss ion.
a. t.1a, o r's Ch01ce.
b. Council Members C.hv,,e.
13 City Manager"s Report
14 C11\ A11o me1 's Report
a. t. lotion 10 settle Arap,1hoe Counl\ District Court Case No. 08 C\ 1461 -Colorado
Custom Cons 1ruc11on. Inc.,. Cil\ ol EnRle"ood and the Engll'\,ood Board 01
Ad1u -tment and Appeals for 540.000.
15 Adjournmen t
The 1ollowing m1nu1es "ere transm111ed to Cil\ Council in October, 2009.
• Alliance Im Commerce ,n Englewood meenng 01 September 10 100'l
• Cultural Ari} Comm1soon meeting 01 Septemher ~ ~()()<I
• Engle,,ood Housing Authnn• meeung 01 September~ 2009
• ~eep Engle,\Ood Beaumul Com misston rnee nng oi September 8, 7ooq_
• L1quu, Llu•ns,ng Au1horot1 telephone polls 01 Sepletrher ~ and Septemhcr 1 &. ~ooq.
• Parks and Recreaoon Comnuss,on meeung 01 September IO. W09.
• Transportauon Ad\t>or, C ,mm,uee meeting 01 Septem ber 10 and telephone poll 01
September !6. 20()'1.
• Water and Se-, er Board meenng 01 September 8. 10oq.
11<".J!,Pr'IOI" h \NJ h,he,1 d!W:w:l.t, ,utd~ i m.111.,n .Mho, ~ttc< r,,k>.i,,. not1n thr(1h. oi ln,;W'l.,ood
l(l\.;-n:-.::.a,ii .11 lf"3\f -l6 huut"'-11\ ,uhanct> 0 1 wh('f1 Wr\tf{"\ ,ur n<"i.~dt"<l
• Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session Oc tober 19, 2009 5a
The regular meebng of the EngleWOOd City Councol w2s called to Older by Mayor Woodward at 7 42 p m
2 Invocation
The lnvocal1on was given by Council Member Mccaslin
3 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mccaslin .
4 Roll Call
Present
• Absent
A quorum was presen
Council Members Jefferson, Moore , Penn, Oakley . Mccaslin , V-.,'son ,
Woodward
None
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Also present City Manager Sears
City Attomey Brotzman
Deputy C~y Manager Flaherty
City Clerk Ellis
Deputy City Cler!t Bush
Director GryglewlCZ. F•n ance and Adm1n1strabve Services
Director White, Community Development
Sen10r Planner Slttt. Commundy Development
Housing Finance Speaabsl Gommett, Community Oevelopmenl
Dorector Black. Parks and Recreation
E~.nee, 1ng/Capttal ProJects Administrator Henderson, Publle Works
Police Chief Vandermee
Police Commander Condreay
PSS lnvesl,galor Schellpfeffer . Police
Police Officer Jose
Police Officer Read
Police Officer Mander
5 Cons deratlon of r:.lnutes of Prev ious Session
(a) COUNCI L MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 5, 200?.
Mayor Woodward sked If there were any correcllons , add1t,ons or mochf1cal10ns There were none
Vote results :
Motion earned
Ayes
Nays
Absla ln
Council Members Penn , Mccasli n, Moore Woodward Jefferson , Oakley
None
Coun cil Member Wilson
I. -J
Englewood C,ty Councll October 19, 2009 Pago 2 6 Recognition of Sc hedu led Pu blic Co mmenl (a A·apahoe Creo,t Uruon PresKlent/CEO Claud.a J Mian was l)lesent 10 acldre,;s Counc, regarding.,,.,. new off,ce al 303 East Hampden Avenue (Hampden and Grant!., Englewood She said Ihank you Mr Wa,or Arapahoe Cred1I Union was chi111eted ,n 1937 In fact ,1 was slalled by one of our founding members .n his ktlchen in his home here m Englewood We have 11 000 members and 56'-of those hve ,n
Englewooo Ioday We had lhe grand opening of our brand new Englewood ofhce lasl week and I wanl to !hank
lhe Mayor and Councilman Penn for com ing to our grand opening and nbbon cutting II was a huge success
The membership Is very e,cited The commems we have heard have all been very pos1l 1ve They are very
happy lhat we have part1<:IpaIed on lhe revI Iahza '·<ln of thal area of Englewood and very proud ol ou r new
bu11d1ng I wanted to addr• ss the Council ton,ghl to lell you how how whal a pleasure 11 was for Arapahoe
Cred,I Un.on Our a11omeys our managemenl team our architects des,gners con1racI<lrs all of lhe sub-
conlractors everyone that we worked W11h !hroughOut the last two years wa nted me to 1.0nvey our compltmenis
and praise and apprec:iat1011 10 lhe Building Department at the Cly of Eng1ewood II was an absolute pteasuIe
to •NO<k w.th lhem The compfomenls have been so cons<Stent from an of those sources regarding what a
pleasure It was to work w,lh Englewood We take a lol of pride In our new bu11d1ng and we hope you will too
We designed something that was quote unique and different and hope that 11 w,11 be a bu11d1ng that for years 10
come. thaI Ihc City of Englewood will be proud or I Just wanted to thank you ton,ght
Severa l Council Members said thank you
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Mayor Woodward :q,d I would iust ilke 10 make a comment If you haven I seen this buIld,ng on old Hampden
and Gram wtnch formerly was ab l.e shop and I think some other things ,n prooous lr.,es ,t has gone through •
dramat.c cl\anges It ,s very modern and qurte the butldmg II also has a commurnly room . a smaP community
room Iha! rt os my understanding l hal !he Cred,I Unoon w,11 make ava,table fo, groups within lhe Crty 01 whatever
10 held meebngs o, something like tha1 II Is a real benel,I to the commun11y and our cotize.-Thank you fo,
coming back to Englewood
(bi Ch1el ol Pohce Tom Vandermee 1nuoduced the 2010 Impact Team He sa,d gOOd evening Your
Honor and members ol Council as you recall this Is a process that started back In March when we approached
Counc,I and requesled guidance from Council on whether or not lo pursue a Federal Grant that had been
offered and wou'd afford us the opportunity to replace, and pul back into place. an ImpacI Ieam that we had on
years pas: lhal was lost f01 a number or different reasons, promardy budget reasons The ompact team Is a
1>1oblem-onenIed pol,c,ng unoi lhal even more loday than III years past is really go,ng to be a cornerstone of
Ih1s organwtoon We have pvt a s,gnif,canl amount ol emphas,s on code enl01cement ,ssues wtthon the Police
Oepartmert I !honk we are unique ,n the melropol<tan area on terms of the level of emphasis Iha, we place on
code enforcemen t nol JUSI with our code enforcement personnel, but w11h our pohce offcers tn general the
qual,ly of hie kinds of issues that affect all or us Tha t Is a real cornerstone lor tnos organizaI10n and ngh! at the
hean an d soul or community pol lc1ng We were successlul In gett ing lhe grant We have we are very , very
pleased !hal we r~ce1ved th at grant and could no! have don,; that could not have been as successful as we
were 1n gert,ng that grant w1lhou! Council's sup pert II means a lot to me , as !he head ol the orgamza!10n. ar d
,t means a lol to the men and women ol lhe Englewood Polee Oepallment The week of September 28 we
began a setecuon process for the four posIhons Iha! wdl make up lhe rmpact leam on 2010 Sergeant C' ·,suan
Contos ""° could not be here Ion,ghl because he and his family have the Ht NI v,us so we kind of as~ed hun
not to a,,ne Sergeant Contos and you have aN had expenencc working with Sergeant Contos and kslow
where he ;S ,n terms of community pol,c,ng and problem-solv,ng and how much he works al that He WIii be the
first hne supeMsor of the impact team Commandler Gary Condreay, who commands lhe Neighborhood
Services O,v,s,on, wtll manage the team But lonogh! I wanled for you to gel the oppor1Jmty to meet the 2010
En3lewooo Police Department Impact Team They are on patrol lhree or the four are patmt officers, one ,s
c,,rre nlly ass igned to Professional Standards Wr ore now ,n the process of replacing or h111ng pos1 t10ns so that •
inese office rs can begin as full-!1me ImpacI offocers wh,ch will take place sometime right arou nd the first of the
year lust to mod-January They have already rectnved thougt, as a team. a couple of key assignments lhey
a,e alreaa 1 dialed In and work ing on these ass•gnments let me go ahead and "111oduce these on.cers Fifteen
oflcers acol<ed for I1>,s pos,!IOn and Iha! shows how keenly people m the orgdmlaloon are or wanIed to be a
pan of lh•s team AJ Mteen of those people I ,. oo4d have been very p eased w.th any one of I1\err t,e,ng cin lh,s
Englewood City Council October 19, 2009 • Pagel l!lam The four lhat you will meet tonoght were the ones lhal really presented lhemselves and demonsuated that they have a very sirong appreciation and a very positive working knowledge of code enforcement commur,tr pol,c,ng and problem-solving The first ,s Officer Perry Schellpfetter Perry was hored w,th the Englewood Pohce Depanment ,n May of 1992 and has served ass,gnmenls In pa:rol, 1nveshgat1ons and Professional Standards rr you remember, Perry was one of the orig ina l ,-?act team members years ago He ,s curre ntly assigned 10 Professional Standards works as a graffiti ,nve•t,galor and 1s the un,fonn face 1n the Neighborhood Watch Prog, n Those functions he will carry with him in his new assignment as an impact team officer Officer Joel
Jose was hired by the Englewood Police Depanment October 23, 2000 He ,s a Master Pohce Officer f,ekl
training officer cnme scene invest,gator and a hostage negobator Each of those skills obv,ously will aid ,n his
success on the mpact team Officer Chad Read was hired by the Englewooo POhce Oepanment on January
16 2006 Pnor expenence was w,th the Boone County Shenff office in llhno,s Officer Read founded and
operated a non-profrt organization ,n lihnois called ·on Angefs Wings which a~sisled youths whO had lost
parents or whOse parenis had died Frially Olflcer Mall M;>•1er the newest member of the Police Department,
to be on the ,mpact team He J01ned :he Police Depanment June 12, 2007 Pr10r expenerice ,s a student officer
for the CSU c.1mpus Pohce Department And with CSU he created and implemented the campus police
departmenrs bicycle patrol unrt A key feature of what this organizauon, what th,s pan,cular unit. ,s go,ng to be
These are the four faces that you'll see on a continuing basis ~s the 2010 Englewood Police Depar1ment lm r3ct
Team Thank you Council for your suppor1 lhroughout this process Thank you very much There was
applause
Mayor Woodward said I Just want to say that for e number of years. since I've been on Council and probably
since John's been here too, that we have been try,ng to get the ,mpact team back We're trying to figure out
ways of doing that , being able to afford ,t because while 1t was here before ,t did make an impact ,n our
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community We fully expect the same thing to happen again While other Police Oepar1ments ,n the metro area
and throug~out the counl!y are putLng police officers on furloughs and layoffs, we have tile opportunity at this
bme to add three and that's really exc1bng from my perspeclNe up here ano I think John agrees I l~ink
probably everybody up here does The community IS loOkong forward to ot Thank you SeV!'ril Counc,I
Members said thank you
Mayor Wooowarr' said next we have Tavis Hanna but pno, to him speaking I Just want to say that everyone of
course ,s free to speak tonight but please understand that we had a public hearing and we will make our
dec,s,on on the evidence presented al the public heanng with regard to the off-leash hours for dogs Please
consider your comments with that formality ,n m,nd
(C) Englewood resident Tav,s Hanna was present 10 discuss the off-leash ,~sue at Jason Park He
said yes my comments tonight do not directly address the upcoming vote on hours Basically, whal I wanted 10
talk about was I've seen th,s ,s5ue evolve over the past six years All of the steps that have been taken have
really helped alleviate the 1ssur but we keep l,nd,ng ourselves back here. summer afte1 summer It ,s almost
every June, like clockwork. tre complaints start coming ,n Though some of them dre unreal,sh~. manv •if them
are The fact 1s that there are dogs on the playground and there ,s poop on the playground As a pare,, 1Ve
seen ,t As a dog owner I've seen ,t L,m,hng hr.,urs may not direcUy address those issues So what I ,., ,Id
hke to see happen here ,s give the people who ar~ conce,ned about this issue ;ome pea,ce of m,nd be-•·• "
they are r,ght there is a safety rs sue here and the, e ,s a health ,ssll" here Some ot the11 cornpta nts are
teg,1,mate What I would hke to see whatever your, :e ,s ton,ght last sbck work be effcclNe We need tc.
put something d,fferent ,n place to see that happen We need an insurance pohcy d you may, thats 901ng to
see that we are not back here every summer, when the complaints start p,t,ng up on::e those dogs and families
start using the par1' So what my suggestion ,s, Is an information system essentially and ,t starts with a more up-
lo-date realistic and clear set of rules The s,gn of rules nght now ,s at the bottom of a post II ,s about the s,ze
of a piece of letter paper It ,s usually <>bscured by a trash can And the rules are sort of vague, really not clear ,
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they're not specific enough So what I would like to Is build a bulletin board, hke the one I did, and Installed al
Can,ne Corral On one s,de I would like to see o map of the park with the rules below II I can work with Parks
& Rec to go through the delads of the rules but I th•nk the map really introduces a system th~t would help ,t s,nk
1n w,1 h people how they need to interact w1lh other people ,n the park Everyone Ive talked to about. hey do you
rea1,ze that there ,s an issue go,ng on with the City Council right now? They art looking at lom111ng hours oh no
I ~ ad no •dea wen the f,,st thing you can do to help with that 1s 10 pul your dog on a leash before you take ,t out
of the Ci!' oh my gosh t had no ,d~a Peop e JUSI d0111 know and there ,s a lot of new people com,ng ,n and
Engl e\/oM City Council Oc tobtr 1) 2009 ~4 • there. ea'ly 5111 a good war of relafU19 lhe i,forma1,o,, to them So up-10-~a\e ruies. I th,n, a,e cnt,ca b\,1 lhe key wcere tne n,ap comes ,n ,s I would like to see a ~ne drawn on lhal map of Ja5;)11 Park. roughly where Mr Oakle 1 oull,ned the need lo "lence Draw a hne lherP an~ have lhe south panhandle leg ol 1~~ par, cross, h~lched oul p ayground, pavrhon baskelt,all court soulh panh.,ndle bathrooms all off lnnrls 10 o~s II s srm?le II rs easy to enfo1ce because 1f an olfrcer drives by, they are pass~d the !1ne Now. seasonall1· starting 1n say May or June, when the dog use increases you can paint or you can draw a chalk line 1n the park So 111s
a clear 1den1,hed mark for anyone who goes there . sees the sign If someone wanls to confront them on 11 11 s
I/le most bas,c way I can think of to drive the po,nt honie Thrs area ,s for dogs that area 1s not And •,ave 1i far
enough ,rv-ay from the playground and the pav1loo where people can I atk>w the,r '1ogs to l=e habituated to
go onto those areas Tc me ,1 seems pretty ,nnple II ,s easy to enfotce II ts not an eyesor~ II ts not a
p,;rmanent fence It ts relat.vely cheap II doesn t have to be there consianlly II you put~ •hert ., June and
the complaints drop off. people start respecting 1l and the hne fades out by say July ('< A.ugusl wher, !lie rains
hll. throw 11 back 1n thete again Paint the line a couple of times a year I would also 1<e 10 see Code
Enforcement come down lhere more frequenlly because for the mosl part this really ~n Issue of 1rrespons1b'e
ones, a few. ru,n1ng II for the ones who are responsible This 1s a good amenity for our ccmmunily I'd hke to
see 11 ;:,reserved but I'd also hke 10 see people who are r.oncerned about their children's safety and health, have
their wishes respected too because I am o ne of them This Issue 1s kind of going down lhe nnddle of my family
~•d I would like 10 see It solved permanently so that every June. you are nol bombarded with this again ano all
of yv,r other business ts ta~1ed or put on hOld II has been go,ng on for s,x years I was JUSl looking at the
p,ctures Four mayors have dean with th,s issue Its too many Ifs too much trme The amount of morey for
us 10 bu,ld a bullehn boa<d and a set of rules Englewood Unleashed W1l1 d.)nate that On the back Side ol lhe
bulletin board you coulo post scheduled sport'"9 events You could post cond1hons of the part.. d thete are 100
many complaints or too many v1olat10ns of one sort or another It 1s a way you C(IUld d11ectly commun,cate with
the off-leash us~rs of the park I guess when I really think about 1t how I've seen this th,ng go,ng over the past •
sox years, we have been laking steps back. and compromising and sacrol1c1ng and meeting on the middle We are
ge:ling to the point where there 1s not much IC~ to compromise on l here really aren't that many dog off-leash
parks 1n Englewood There are far more regular parks, far more schools and playgrounds and soccer fields and
schools that we don'I have access to So what I'm hoping 1s, th is basically solves this problem once and for all
If 1t doesn't sol•e 11 al least 1t puts,, place a system where ,t can be managed I Just feel hke there's a hltle bit
of room for us to 4ve and let love I apologue to the people who are concerned here because a lot of our dogs
have rnade people feel unsale I rust would like that to slep I donl thmk they really want to see this many go
away but I Ihm• that they rhetr fear for their children ,s ftr;t and foremost and I think there rs room to wOfl< ,n the
middle here Thank you
Mayor Woodward said thank you
Recognition of Un schedu led Pu bile Comment
Mayor Woodward said please keep 1n mmd thal we held the Pubhc He .nng two weeks ago regarding the hours
that have been proposed
(al Jerry Furman. a" E'lQll!'-'ood resident. said I have a couple of things I want to say One
thJtlg who 1s our pa111te, on th~ roads? The roads around Englewood are ICky loolung and gross The othe1
thrng I th.'.>ught of for lhe dog park nght now there rs land and there are no toys JI nothing or playground
and we are Just letting 1t s,t lhere Why we rton·t lake lhat land over at Flood M,ddlc School and use that grass
area for the oogs to go play around JUSI add a hltle bit of fence ,nto 1t and 11 could be ano ther dog park for tho
dogs to play al And It would save tome 1n June we won't have this problem aga,n this year rn June 1f we do
that Because lhat land •• 1ust s1tt1ng there wan ing for somebody lo buy t and nobody wants to buy that land II
we do that 11 1s Just go,n, lo save money and problems and the dogs can have more of a fun area 10 play ,n and
11 would save the City ol Englewood more time Thank you
Mayor Woodwa<d said thank you
(b) Marty Mossm 1n an Englewood res•dent. sa,d M3yol', Council and City leaders I/lank you fo.
lcth"9 me spea, Over the past well, I loo• up there and I see all of you I see a group or dedteate.!
honorabl~ reople who give the,r very best effor1s to th,s community Now over the past monlhs I have also
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Englewood City Council • October 19, 2009 Page 5 witnessed a very unkllld uncivil effort lo d1scred11 and 10 destroy tne work mat all of you do I W>l/iessed the anger lhe negative anactcs and the un!lue accusat1011s roled at you II ts true that on a commulhty hed<. 111 a tam,ly you can·1 please everyone all the lime And as 1nd1v1duals, we don t alwayJ get ou• own way Thal ,s pretty true nght? But 1t ,s also lrue that you as leaders have made deasaons to the very best of your abl•ly You have used a fol of lhOughl. a lot of resources a lot of effort has been put into making dec,s,ons that would benefrt most of the people, most ol the 11me You know I Ill.Ilk Chai ts p,etty admirable rm sony I have 10 read part of this because I can't even tafk To then be under constant auack from those who offer nothing lo help
solve the problems and really don't have apparently nuh to olfet 1111s commonlty. has realty been very ddf1CUtt
10 wateh and to witness You know rt is p,etty obvious that there is a lot of hate, anger and negative feelings 111
our .:ommuntly /J,nd altllough an of us have nghrs and al of us haw a nght to freedom of speech, I think what
~ds not happened, 1s With those nghts and freedoms there ls also an obligation Now I have not enjOyed the
bantenng and the battemg and the bad feelings, not at an BUI I ,.,. tell you something that I have 1aken from
all this that I feel very, very secure and good about ls I have seen each and every one or you handle yoUMVes
and handle these sJtu.;t,ons with honor and d,gnity Thot 1s V1!f'f meanr,gfu( to me and I want to thank you for
that I am really proud and grateful 10 llve in a COIM1U/1lly where there are people like all of you And people
•ke our pol,ce and our fwe, our code people, our heads of departments, our employees You know they give of
their llme They have loregone ra,ses They wori< ovenme They try to be a part of this community That ts
good and lhal makes me proud and grateful to hve 1n this community And for 111 or you, I donl tnink this ,s a job
to you al aJJ You dedicale Y0"' bme, yo,x ene,gy you, money and you g~•e a lot ol heart to this commun,ty, I
iust .. a thank you doesn't seem enough, but I do want lo tha nk you. I am very proud and grateful to hve here
You have au made n so So, w!lli my raspy V'llD!, I am 90ft!1 ID Id you that t don't think I am atone feelrig 1hat
way You are admired. respected and very needed here . So, keep on keep,ng on And I sincerely do thank
each of you for doing what you do and being 'Who you are
• Mayor Woodward said thank you Several Counci membefS said lllanl< you
There was applause
(c) Chns Hoagland, an Englewood residenl said I have wed., Englewood s,nce 1992 and after
Marty's comments, I guess what I have 10 say Wilt probably pale by compattsOn, but l would like to say that I
have realy had the benefrt of a tremendous opportunity, whlcil I !lnnk very few communities offer and that is the
extens,ve volunteer oppt'flUnllles that ataens have here III Englewood Just a broad vanety of commlttees that
address the vanous aspects of how the community Is going lo be run and managed I have had the opportunity
to work on three committees so lat and I would Wee to make a couple of observations ab...rt that Fu~. I think
rt has been a tremendous opportunity for me to get to find out how my community really works It has given me
the oppo,tumty 10 meet a tot of the people that are molved 111 actualy malung all the stuff that has to happen
here, happen. And that would include both our elected officials, as wen as the staff people here I have to say
Iha! I am always JUSt on awe of the quality of the talent and the quaJ,ty ol lhe people that Englewood is able to
attract •. wor1\, not only professionally for the City Manager and the vanous staff positions here. but also the City
Council I have to tell you that I am just so rnpressed by what you do and I can tel you with an absolute
certainty that I don't have the strength of character and the perseverance and j ust the plain •. I love the
community and 10 be able to put on the effort that you guys do and I )USl fell that on the oc:cas,on of J'.lhn
Moore's rebrement and both Jrm and W;qne are facing very vlg0<ous challenges 1n the upcoming 4:lectJOn, that I
am so grateful tor what you do and I JUSI wanted to say thank you so much You realty you guys are what
makes Englewood the Crty that I can be so proud of So thanks a lot
Mayor Woodward said thank you Several Councd membets thanked Chris.
There was applause
• (d) Jean Alspector. a l.Jltleton resodelll said good even,ng Mayor and City Council members I am
here this evenmg to confess and lo clear my name I am the vicious Englewood Unlea!<hed member accused of
grabbing and snaloog a sen)()( lady from Centenrnal i>a,t after the last meellng I would like your perm1ss,on IO
step aside the pod1Um heie Is that okay? Council said sure Ms Alspector said I would Jrke you to see my
hands my arms and my max1C11um reach I phys,caJly do 1101 have the abololy or strength lo hold a glass of
water, yet alone grab someoue·s arm and shake them . as t have been accused of domg by Martha When I was
Englewood Cit y Council Oct ob<!r 19, 200 9 Page 6 told cl these charges aga,nst me I had 10 ,augh I am suie you have se.?n now why I was laughing Because this ,s you can see "hal 111y besl v1cI01Js wresll,ng movemenls could poss ibly bP w1Ih ll>ese arms Tnank you very much Mayor Woodward said thank yoll (el Rick G1lhI an Englewood resident said thank you Cnun~I II seems hke forever ago I was one
ol the ones IhaI presenled on the day IhaI we had the dog issue I was co mplaining about Bellev,ew Park nol
know,ng thaI we had a crew here aboul Jason Park And I know lhal you genllemen, and lady, e•cuse me
have made your dec,slOlls 0< at least looked over the facts And I know whatever dcc,s,on you have made . I m
sure you have made lo the best My concern Is how wiN you address and ensure lhIs commuMy thal !here will
be enlorcement of whaIever rule you make? II seems ~ke we have had rules bul we have been lacl<mg
enf0<cemen1 I hope lo hear tomghl what your plan IS for enlorcmg these rules because rules without
enl0<cement are rule s that mean nothing I know ror one. I would love 10 see some enforcement Wayne by
yours and my house, and probably by some others that you know. people whO think lhal our parks are Jusl fo,
the,r dogs to run as wild as possible and they support our dog parks and I hope thal we come to some dec1SJ0n
•
I though! Mr Furman had an 1ncred1ble idea of using some land thal we are not us,ng for anything and In a great
part ol town that's very eas il y accessib le Brtlhant I hope you folks ta~e a loo k at that and say well, lei's al least
help our people who need a place to b11ng their dogs and that land Is doing absolutely nothing 119hI now. It
would be a great way to he lp our community So, dg ain, enforcemenI ,s a serious concern or mine because I
see what t see where I hve and I sec some ol the situations My seco nd issue tontght is that I understand that
we have Mcl ellan Reservoir leased out I would love , I wish that the re was a back and fonh at lea st a yes or
a no ol whether or net that Is a fact Some residents lold me that they received 1nformat1on lrom some of our
Counc,lmen that we ar ~ leas,ng that property, but most other residents have not received that mformat,on I •
guess number one, I would ask why only a selecled rew when I went 10 the Englewood Site I could not find that
,nfo,mation anywhere and I want lo know how you decided to make rt public I know rt ,s important lo you folks
that When you g,ve out mf0<mat,on that everybody receives rt It doesn1 appear that everybody recer,ed that
rnforma,,on Secondly on that mlonnat1011. 11 doesn I tell what our e,penses are for leasing that p,opet1y I
undecstand that we have SI0.000 00 a month that we are leasing It for I would really hke 10 know what our
e•penses are As lan<:lords and Mr Mayo, 1ou know that we don t our things aren't free so If lhe City nas
an e•pense, I would like us Just to be uplron, with the c,ttzens and say yes , we have leased that property 1f 111s
m tact true and 1f rt Is leased, whaI ,s our ~•pense lor that, Just so that we can have that 1nformat1on ,n the spint
of openness and transparency Thank you very much
Mayor Woodward said thank you
Mayor Woodward said ti anybody wouldn't mind I wou ld like lo address this ngl1 t now Does anybody obJect?
Some Council members sa,d I th in k you shou ld wail Mayor Woodward said okay I'll wa,t until later
Council Member Moo,e said f1rs1 of all we will be covenng It under Agenda Item 11 (c) (1) and we can comment
under Council's ChOtCe Mayor Woodward said okay
(II Miguel Drake, an Englewood resident said thank you fo, your bme th,s evening I guess I
am back to talk about negalJv,ty Generally t reserve my bme here at th·s podtum f0< pOl!ctes, not pol1hcs I find
the challengers are. no shots reserved. so I guess thal Is how rt Is :)Olng to be The Counctl has my apologies
fo, thal Seeing as how our challengers have nothing but negaltve things to say about our excellent
government, I thought I would take some of Ine proposed policies ,n the same tight Malt Crabtree proposes
oprn government Odd ly, I have never had a problem figuring out how or why dec1s1ons are made and any
qucst10ns I had were answered clearly by the stalf and the adrn1ms trat10n I have had a few, I have
asked I've received my answers There has never been a prob lem with that He suggested marketing ce rt ain •
corridors ol bus in ess but then ~ompla,ns abo ut budget dec1s1ons Where Is thal going 10 come from? Where ,s
that money going lo come from Malt? Oon't gel me wrong It ,s a good idea Just tell me how you are go,ng to
pay lor 11? Which Crabl ree aIe you supporting? The Crabtree that compla in s thaI people aren't being liea rd or
the Crabtree lhat !ells Counc~ 10 get on w1Ih 11 and stop wasting ~me? Both those stalcmen ts show a senous
lack ol unders tanding ol the processes used ,n a republic Finally this no,se about spMd,ng money developing
Mclellan land wdh that light rail corndoI This lease revenue ava,tabte w,thout mcreased 1axa1Jon fo, lhe Ctty lo
•
•
•
Engl ewood City Council October ·t9, 2009 Pago 7 do ,ts JOb The mosey 101 t'>at Jeve,opment came from the sale of part of that parcel I know thal because I asked my Councolman It ·s easy to Monday mormng quarterback afler attending Counc,I meebngs T ,y putting ,n 40 hour weeks for lhe shpend hke 0p!JOnef11 does and tell me how ,t goes Ser,ou!aly, follow h,m a,ound for a week Good luck Malt Oh . and whal ,s o covenant style ordinance? I would like some clanf1cal10n on lhal stalemenl Doug Doug you are a greal guy, bul I lh1nk you lack what II takes Im sorry Power oomes from prope'ly nghts What power? The power to grow weeds and dnve dowr> oroperty values The power to play loud mus,c The power 1101 10 sllovel y01~ walk These are au tn,ngs you des11e to rt.peal zoning would g,ve
people How about a rolt,ng car ,n your front yard? Do your supporters know this? Do you reafly understand
the impact or 1he things you propo~e ? We lwe in a City, not on a ranch We have respons1b1hlles and ou r
governmenl has the role of enforc in g the w,11 of lhe people Doug we pay laxes so we can call someone and
have lhem oome by and have you cut your weeds You want to hve somewhere v,,t hout those restnct1011s. I
suggesl rural Me,oco 01 any olher lh11d WOlld counlry We !Ne by the rule of Ille law You've 901 lo cut your
weeds Ooug The only pohcy you have put fOl'Ward was on collaps,ng property values and an ugly city full of
torn temporary signs You oppose the UDC We ve asked your supporters which of them voted for It Have you
considered that the Council has cons,stenlly weakened It to allow our City to maintain Its character and lo help
business grow along Broadway? The BIO D1s tnct you ment,oned ,s an example of the City wooong with
business To say lhey are not ,s nol a wholly trulhful statemenl We are al 92% to 97%
OCGUpancy appearances aside That a,n t bad in lhis eco.'>Omy I am senous about that that 1s a good deal
We are d01ng better than the surround ing areas And nnally I come to Rick G,11,1 Rick has proposed two policy
changes that I can fi nd Th e f1rs1 1s the ehm lnabon of the 50 foot fron tage rule allowing duplexes In R-1 Thal
makes sense He ,s a real estate agent after all and two hOuses sell for more I asked the voters ,f they want a
duplex nex1 door Do they want twice the traffic' I asked !hem 1f d really stHts our neighborhoods I've lfved in
such ne,ghbOlhoods I hve here now by chOtce Second he has proposed that boarding houses are a good
use for R-1 That's nght I am one of the nasty nelghbOrs he talks about I llve next door to a former boarding
house I stood here and defended my ne,ghborhood I ask you Rick do your neighbors and supporters know
that your proposed chaage would allow you to put a new people each monlh into a 4 ,000 square foot house,
next to their children? 96 people each year Rick Tell you whal Bnng me a handwntten letter from each one
of your neighbors saying tt ,s a good Idea and I'll buy you a beer There ,s a common lhread hefe Personal
property nghts versus collectwe rights Our C,ty ,s a good place to hve, because collect,vely we expect ,t to be
and our C11y helps us do that The people of EC OG have nolh1ng to offer that wo uld make thi s a better place to
live And the fact that the pohc,es would dest roy the Ci ty tha t they thought was nice enough to buy a house 1n
I've 901 to wonder ii lhese are real policies 01 a popuhst agenda lhrown up as a smoke screen If any of these
people wants to debate the11 pohcies t will be happy to do so Bnng ,t I'll do ,t 1n publlC anytime I care about
my c,ty and I'm will,ng to defend ,t What do I expect out of speaking here? I expect the same thing I got last
time I dared to exercise my right lo pehhon my government personal attacks. anonymous slander and ever,
perhaps more lawsuits I'm on my fourth nghl now I expect more noise from lhe anonymous bi ll or nghts and
Eye on Englewood ECOG's attack dog but lh,s cowardly attack on a group of people who have made llus
Crty what II 1s, who treat governance as stewardship, who genuinely care about the c1t1zens of
Englewood cannot s tand unchallenged These people aren't running to help you They are runn,ng as a
cabal meehng 1n pnvate. to take from you wha t you live here for an honest, clean City that looks oul for ,ts
residen ts Thank you Have a good even,ng
Mayor WOOdward said thank you
There was applause
(9) Robin Noffsinger an Englewood resident. said I came here ton,ghl to specifically thank the City
Council members that are on the board nght now I 1h1nk you have done a tremendous JOb over the last two
years Beings this ,s an elecllon year, I Just wanted to come and say that I was really proud Iha! you have done
so much for the City and take a l01 of time and effort ,n all your choices and everything tha t you have done for
us. A 101 of t,me ,n erection years there 1s a lo t of good, but there ,s also a lot or bad And I am very disturbed
when the ugly tactics anse One of these ugly tacllcs 1s spreading unlrulhs in distributed pamphlels around
neighborhoods I have urged voters to seek out lhe facts ol the all the Issues they are coocerned with and not
be taken ,n by one-sided views of different candidates I was also apparred ,n reading over some m,nutes of the
ast election year ,n the mun,c,pat ty of Englewood October 1 s" of 2007 there was a set of Council meeting
.,,,nules 1ha1 I read thro ugh that a few 1nd1v1duals that have been associated with the ECOG group the
Englowood City Council October 19, 2009 Page 8 Englev,OOd C1t1zens for Open Governmenl adm,ued their part 1n d1str1buhon of some these types ol ugly ta<:lics and untrvths In pampnlets teal they d,s1ribu1ed I really want to urge everyone to read 1hose minutes and to ,ead up on your Cdna,dales Ma,e sure that you havl! all the facts lrom both sides and nol hsten to one s,ded cand idates We need 1nd1v,duals who are dedicated and qualified ,n leading tho c<1Izens and no1 people who express only their view or feel Iha! JUSt altend1n~ some Council meetings gives lhem onough quahf1ca1,ons 10 represent a C11y Thank you all for being there for all ol us Mayor Woodward said thank you
There \\as applause
1n) Matthew Crabtree an Englewood resoden~ said good evening Y,ell thal was ,n1ereshng Good •
lo kflO'II Jim. Wayne and all of you have gotten 1ogethe1 your contacls to do a hllle campaigning 101 eveiybody
here befo,e Ctty Council So to answer a few things lhal have come up actually, you know I w,11 f,rsl stan off
by say,ng that dunng the Sludy SesS1on. a hnfe bit ago, most people 111 th,s audience don t know that there was
a serious d1scuss10n about hm111ng the public comment dunng the Council meeting here by stating that well we
can't take into consideration anything thal wasn t said dunng Pubhc Hearing And tnat Is not a law, that ,s simply
an arbitrary Council policy, I guess Al no point should lhe Council ever ignore a member of this commun,1y and
lhal has happened over lhe last few years and that Is one of the reasons why I got involved To answer a few
queshons here how do t market Eng lewood, how do we ma,kHt Eng lewood ... where does that money come
r,om? How aboul the 2 and a half milhon dollars that the City of Englewood has currently spent on marke11ng a
lot of land thal Isn'I even In the City of Englewood We Invest lhal money back 1n Eng lewood, we could easily
recoup some of the sales lax and make our own communily a better place, ,nslead of supporting Highlands
Ranch All nght transparency transpa,ency Is access,blllly lo 1nfon11at10n for free That does not happen •
right now S2 55 00 for a copy of the hne rtem budge I to know how my tax dollars are being spent That IS not
transparency Nol having access to Channel 8 ,n this C~y ,s nol transparency Only having audio recordings
available on-hne after the Englewood C1bzens 10< Open Government opened Iha! ,nf01mat1011 up for the publoc.
that 1s not conduave to transparency What are covenant style ordinances? Well actually, you know tn.s w,H
ack.,ds two quesbons here There was a !Iyer that was d1stnbuted October 15" of last year and I am absolutely
proud of being one of the people that helped distnbute that flyer That Hyer addressed one of your covenant
style ordinances that you were trying to pass to hm11 people ,n this communily from parking 011 their own gravel
driveways thal may have been there for 100 years You wanted to make them pave lheir dtiveway through an
ordinance that was poorly written That Is a covenant slyle ordinance Thal 1s something that this commurnly ,s
very upset about I ~d,e lalked to lhousands of people over the last few months and everybody well lhey
don't hke covenant style ordinances They don'! like code enforcemen l coming on their property and selectovely
picking 1nd1v1duals oul of one block, where there Is 1nconsIstenl use of code enforcement Well, I think I have
been rela11vely pos,tove to lhe public throughout this whole t,me Neatly every single c,ty Council meehng for the
last two years I don't know why lhese sudden auacks are being placed on a local grassroots organ,zat1on lhal
1s concerned with transparency and access1b1hty and accountab1hty ,n the11 government Nol 011ce have I ever
been nega1ive to the pubhc and not once have I eve, allacked any member of this audience f am working f01
posItIve change We have already had pos,t,ve change as a res,It of people being involved I don't 1h1nk t have
ever, e,e, resorted to ugly tactocs so I apprec1a1e your ume and 101 those listening to the m111utes d you wan I
to see "hat ECOG ,s all aboul englewoodc~•zens org and that is a clear def,nit,on of what the g,oup stands
101 Thank you
Mayor Woodward said thank you
!1) Dotothy Haefeh, an Englewood 1es1dent said f 1ust want to counterwhal the lady I won't say
lady . the woman thal said a few mlnules ago She did follow me out of !he last Council meeting I don't know
how high she can raise her arms but I certainly know thal she can raise them high enough to grab my arm and
pull me back She didn't lhrow me lo lhe lloor or drag me oul of lhe bu ilding any of those things And she said •
how am I going to !rain my service dogs? I JUSI shook he r arm loose and sa id I guess dunng the hours tha l
Counc,I sets for you Thal was the Interac11on between the two of us So she has altacked me once She's
allacked me twice I don't wanl ~er nea, me again
Mayo, I' /t>odNard sa,d thank yoL
• Englewood City Council October 19. 2009 Pago9 IJ) Ela,ne Hults an Englewood resident said thank you so much for gMng me lime Mayo, and Councilmen Ii brought to my nund and I d,d go on lh•I website and read some or the m1nut~s of the previous meettng and one issue lhat concerns me having been a property owner and a builder of homes for many many years and being a real estate broker In the State of Colorado and Ive also held a license In three other stal es I've been involved 1n real eslale since I was 26 and Im now 76 Im an old lady I want to tell you something I (lo not see anywhere in ou r Consltlullon that II says lhal any community or any human being has the nght to
dtetale to any other human being any usage or their pnvate property that they patd ror and they pay laxes on
and they maIntaIn I know there are some commun1t1es where when you go 1n there. ti ,s almost like the same
th,ng as 901n9 into a condo where you have an assoc,altOn And these builders build these and w,lh specific
requirements but 111IS is a complete disclosure before those papers are ever s,gned, so you are comm1lted
What I had seen ., prev10Us commumt<es and l have ltved on several other slates New Jersey New York
Flonda etc 1n order to change a ruhng ror a commuMy when you are uy,ng to improve that commun,ty you
always have a grandfather clause I see none of lhal menlloned ,n any or these bills I would •ke to know why
you de1erm,ned that you can go in and dictate to anyone whose purchased maybe a home lhal they purchased
maybe tn,rty or forty years ago, lhal they have 10 change lheor loleslyle If anyone would care 10 answer me I
would appreclale 11 a response lo lhal one
Mayor Woodward said thank you
(k) Marth a Gnego, an Englewood resident. sa,d I am iust here I know that you guys had lhe publte
he3rlng two weeks ago when I was here and I dtd have my say But I am here because of Englewood
Unleashed, of the concerns I have lor them I mean when they grabbed Dorothy and they decided lo lnp me
• I'm lhtnk,ng how far would they go? To me. I don t undersland their kind of th1nk1ng I JUSl hope lhal we can shll
all act like adults and after you guys make a dec,s,on tonight , that there's no rebuttals or consequences on us
who are trying to go about the nght way of coming to you guys To me. the lady that says that she cant even
grab Dorothy's arm, then how can she tram dogs and control them . 1f she can'I move them? So thal ,s JUSl a
questlon that I have for you guys to think aboUl So that s really all I have to say I hope you guys ma~e the
nght decos10n and keep the parks 101 the children and the,r famdoes Thank you
Mayor Woodward said thank you
8 Communic ations , Proclamati ons and Appointm ents
There were no communicat,ons. proclamallons, or appointments
9 Consont Agonda
(a) Approval of Ordinances on F,rsl Reading
There were no add1110nal items sut>m11U!d f01 approval on first reading (See Agenda Item 11 )
COUNCIL MEMBER MOORE MOVED, ANO COUNCIL MEMBER PENN SECONDED . TO APPROVE
CONSENT AGENDA ITEMS 9 (b l (ii,
(b) Approval of Ordinances on Second Reading
(ii ORDINANCE NO 43, SERIES OF 2009 (COUNCIL BILL NO 4 4 IN rHODlJCED BY
COU NCIL MEMBER MOORE)
• AN ORDINANCE AUTHO RIZ ING A 'GRANT OF EASEM ENT" TO PUBLIC SERVICE COMPA NY OF
COLORADO/XCEL ENERGY TO INSTALL UNDERGROUND COND UIT FOR ELECTR ICAL SERVICE AT
1074 WEST DARTMOUTH AVE NUE
Voto rosults .
Ayes Council Members Penn McCasl1n Moore Woodward Jeffetson
Englewood City Coun cil Oclober 19, 2009 Pago 10 Nays MoI,o· ca r,ed w,,son Oakle, None (cl ResoIu1tons an~ Mo1tons There were no add,honal resolutions or mot,ons subm1t1ed for approval (See Agenda llem It I
10 Public Hearing ltoms
No puohc heamg \\as scheduled before Counol
11 Ordinances , Rosolutlon and Motions
(a) Approval of Ordinances on F•st Readong
(1) Senoor Planner Shtt presented a recommendaI1on from the Commun!ly Deve lopment
•
Departmenl lo adool a boll for an ordinance aulhDflZlng lhe P'Jrehase of ten umdenhfoed. s,ngle-famlly, vacanL
foreclosed properties located In the C11y of Englewood lo fulfill the Neighborhood SIabll12al,on Program contract
He sa,d Ion1ght atatt Is requesIIng thal Council approve an ordinance auIhoroz1ng Commumly Developmenl slaff
through lhe NSP program the ability to purchase ten, as ol yel unodenl1f1ed. single-family homes in the City to
comp y w,th requirements for Ihe NSP p,ogram As you may recaU. lhe City app<oved a contrac1 w,lh lhe
Colorado Div1s1on of Housing. We were awarded 1 25 m1lhcn dollars for lhe purchase of s1ngle-fam1ly homes
thal are lender owned, foreclosed, or abandoned properties Our application with the Slate requ1res that we •
purchase lhose homes at a 1 % discount arid thal we rehab thoSe homes and sell them lo spectlic individuals
that are qualified In range of maximum of t20% of area median income And we have a sllpulatlOO lhal we musl
sell three of those homes to families with households lhal are 50% or less of lhe area median income The
reason we are requesting Ihe ordinance lo purehase len unidentified homes al this poinl Is simply a mailer cl
l1mIng The programs lhat we w,11 be work,ng l'llth lo acquire these properties have a very short luneframe for
closing, often as short as 30 days Because our ordinance process l akes 1yp,cally 45 to 60 days. 11 would be
1mpossIble lo get Council approval on an 1nd1v1dual basis. lherelore. we are asking for permission lo purchase
homes arid lhen we wdl oome back lo Counol with partJcular mformahon on eaeh acqu,sltion There were some
quest,ons ra,sed at the Sludy Sess10n lasl week concerning affordab,lny and lhe s11pulaIion In the program that
the Stale has pul togelher , as well as requ,remenls based on HUD sIandards. lhe homes have 10 be made
ava,Iabte 10 households lhal make no more lhan 120% of lhe area median income And for purposes of
comparison, lhe area median income ,s based on lhe numbef of md,voduals In a household and a Chari was
prepared by HUD that shows lhe range of incomes from 1 person household to 8 person households I did
some research lo find oul whal the median household income for lhe Clly ol Englewood ,s The mosI recent
dala ava,lable IS from the 2005 lhrough 2007 Ameocan Communoly Survey and that number for the City of
Englewood Is $40 685 00 That Is lhe median income and that means lhat half lhe mcomes for househOkls Is
above that number and half Is below So lhal number falls generally JUSI a few lhousand dollars above lhe 50%
AMI number fOf a family of four The average household size for that same US Census Bureau Survey was
2 01 people so essentially a 2 person household The average family s,ze was 2 84 mdovoduals. rounded up to
3 I did some comparisons based on lhe AM I chart lhal was included 1n the packel last week and calculated
how much house mdovodual households would Ile able lo purchase base1 on !hose income ,anqes Al 50%
AMI. a 2 °' 3 person hoosehold would be able 10 purchase a house that ,s valued at anywhere between
S81 ,000 00 10 S 106,000 00 If you look al lhe 120% AMI number, lhal house value lhcn nses s1gn1'ocanlly lo
anyv,here from $247 000 00 to 5285,000 00 Based on those numbers, 111s clear lhal a sIgI :f1ca nl ,lumber ol
households., the Coty of Englewoed would quahfy lo purchase al lhe 80'4 or lower AMI numrer"' lhe Ctly of
Englewood So we will be mar1<eI,rog 1hese lo those families II ,snot hkely lhat 1nd1v1duals at the 120% AMI
level wou ld be lockong at lhese homes for a couple of reasons One. as was poInIed oul lasl week at that •
,ncome level and at lhose proces S247,000 lo S285.000 homes lhere ,s a much broader pool of you w,11. of
homes a,a1lable to those 1nd1voduals MOfe than hkely lhe homes lhal .,e will be purchasmg '"" be 10119hly on
the 1 OOQ 10 1 200 10 perhaps 1.500 square feel 10 area and families who can afford upward of S220.000 00
home~ 11'ay be loc~•ng for larger poope rh es So in a sense, we will be sell selecl 1ng for lhe 80% AMI ond lower
• Englew ood City Council October 19, 2009 Page 11 Mayor Woodward asked ,r there were any quesuons for Harold There were none COUNCIL MEMBER McCASLIN MOVED, AND CO UNCIL MEMBER WILSON SECONDED, TO APPROVE AGE NDA ITEM 11 (a) (i) • COUNCIL Bill NO. 50 . COUNCIL BILL NO 50 INTRODUCED BY COUNCIL MEMBER McCASLIN
A BILL FOR AN ORDI NANCE AUTHORIZIN G TH E PURCHASE OF TEN UNIDENTIFIED.SINGLE-FAMILY,
VACANT FORECLOSED PROPERT IES LOCATED IN THE CITY OF ENGLEWOOD. COLORADO TO
FULFILL THE NEIGHBORHOOD STABILIZATION PROGRAM CONTRACT BETWEEN THE COLORADO
DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF ENGLEWOOD, COLORADO
Mayor Woodward asked d there was any discussion There was none
Vot o results:
Motion earned
Ayes Council Members Penn , McCashn, Moore, Woodward , J efferson,
Wdson, Oakley
Nays None
Several members said !hank you Harold
(b) Approval of Ordin ance s on Second R£ad1n9
• COUNCIL MEMBER MOORE MOVED, AND COU NCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (I), (II), (Ill), (Iv), and (v).
(1) ORDINANCE NO 44 , SERIES OF 2009 (COU NCI L BILL NO 45, INTRODUCED BY
COUNCIL MEMBER JEFFERSON)
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATIO N
OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO
(I,) ORDI NANCE NO 45. SERIES OF 2009 (COUNCIL BILL NO -46, INTRODUCED BY
COUNCIL MEMBER PENN )
AN ORDI NANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE
FISCAL YEAR 2010
(") ORDINANCE NO 46. SERIES OF 2009 (COUNC IL BILL NO 47 . INTRODUCED BY
COUNCIL MEMBER McCASLIN1
AN ORDINANCE APPROPRIATING MO NIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF
ENGLEWOOD. COLORADO. FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING
DECEMBER 31 , 2010. CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE
FISCAL YEAR 2010
(IV) ORDINANCE NO 47 , SERIES OF 2009 (COUNCIL BILL NO 48 , INTRODUCED BY
COUNCIL MEMBER MOORE)
• AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT FOR THE FISCAL YEAR 2010
(v) ORDINANCE NO 48, SERIES OF 2009 (COUNCIL BILL NO 49, INTRODUCED BY
COUNCIL MEMBER MOORE)
Englewood City Council October 19, 2009 Pago 12 AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1 2010 , AND ENDING DECEMBER 31, 2010, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2010 i,,.yor Woodward asked 1f there was any discussion or comments
Mayor Woodward said I do have a comment that I was talking lo one of the officials in the City of Utlleton last
week regarding their budget The11 budget comes lorward on first reading tomo11ow night arid they are IOokrng
al moVJng their reserves al I believe II was at three and a hatt to four million doPars to balance the11 budgel
They are IOolong at an Urides,gnated Reserve Balance ol 7 1/2% and that compares to our 10% Reserve
Balance that we are loolung at 111 our budget 1n 2010, wluch I th111k is very favorable Arid of course . none of thal
111Cludes TABOR arid 1t certainly doesn't Include, for us, the l TAR Fund which 1s a few milhon d'Jllars, I beleve
almost 3 mi!110n dolars Again I believe Englewood's budgel we have done 1n a very responsible manner. I
know that staff has WO<ked really hard arid long on prepanng this arid I .. ould ake lo give my app.,eclabon to the
D1Iect0ts and Gary for al the work that has bee, pul lnlo this, gung back to. I think really, ol October of last
year and really heavily the first an~ second quarters of this year I mean really gettJng Into It, <0 t!1aI 1s my
comment
Maver Woodward asked ii there was anylhlng else There was noth ing
Vote results:
Motion earned
Ayes·
Nays·
Council Members Penn , McCaslln , Moore, Woodward , Joffarson,
Wilson. Oakley
None
(c) Resolutions and Mobons
(1) Direct0t Gryglewicz presented a recommendation from the Englewood/Mcl.ellan
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Reservoir Foundallon (EMRF) to approve a resoluuon supporting an agreement between EMRF arid TT of
Denver for lease of approximately 12.9 acres He said I am Director of Finance and Administrative Services of
the City and I am also a memter of the Englewood/Mclellan Reservoir Foundat10n. I wanted to give you a real
quick background In 1999, the Englewood/Mclellan Reservoir Foundation was formed and In the Council
Communicallon there were the seven guidelines that we were lo follow. And the first two really related 10 the
Reservoir Itself maintaining the quality or the waler and the avallabihly of the water for the Englewood residents.
Number two was lo protect the ecosystem but number three was to establish and maximize a future long term
Income stream for the benefit of the City This resolution supports the Englewood/Mclellan Reservoir
Fouridat1on in a long term lease with TT of Denver You also recall 1n 2007 , and this might answer some
quesllons regarding the financing and the funding of thlS In 2007, the EMRF, as we call~. sold approximately
11 acres to the Reg10nal Transportat10n Distnct f0t around 3 2 mUiion dollar.; and this Is the only sale we've
made 0t contemplated. They did that 1n lieu of condemnalron. Arid those funds were used to repay the City for
operating expenses that the EMRF had used whHe hokf1119 the property It alSo repaid the Waler Furid for
monies that were loaned as well as the land value Arid then about, I ttunk. about 2 1 milron was used to make
the property lease-ready and that has been completed The remainder of those funds, about a half mlllion
dOllar.;, was returned to the City's General Fund to the long TerTn Asset Reserve So, all of the funds from the
City itself have been repaid. The Founda:1011, all the members are nol paid , so the only real expenses that are
ongoing are generally insu rance requ1temenIs that we need and some legal expenses. Back lo the lease .. the
maximum term of this lease is 75 years .. an Initial lerm of 20 years, a second term of 10 and then nine 5 year
terms. The base rent right now Is $428,992 .00 per year and there are cla uses In the lease lo Increase ii over
lhe term Construction rent is $17,875.00 a month, pre-deve lopmenl rent is $10,000 .00 a month and a security •
deposit of $200,000.00 Is required and I be lieve II has been made and Is ,n escrow at this time. All of the
proceeds from this lease and all leases on the property will be transfe11ed to the General Fund ano the uses of
those delermlned by City Council
Mayor Woodward said Frank. were there any brokerage costs with lh,s lease to the City?
• Englewood Clly Council October 19. 2009 Page 13 DirecIor Grv~ ev,,cz said no we dldn I pay a1y brokerage costs on m,s l.layor Wood "ard sa ,d okay Mayor Wood"ard asked 11 there were any other quesllons for Frank There were none COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE AGENDA ITEM 11 (c) (ii -RESOLUTION NO. 77. SERIES OF 2009.
RESOLUTION NO 77 SERIES Of 2009
A RESOLUTION SUPPORTING A LEASE AGREEMENT BY THE ENGLEWOOD/MCLELLAN RESERVOIR
FOUNDATION (EMRF) FOR THE LEASE OF A PORTION or THE MCLELLAN PROPERTY TO TT OF
DENVER INC
Mayor Wood" ard asked If lhere was any doscuss10n
Mayor Wood\\ard said I would 1ust I,ke to say lhat this ,s lhe f~sl lease of one of the parcels II has been lhe
discussion or lhe Mclellan property, or Douglas Counly 0< refon,;d to as H,ghlands Ranch properties. have
been spoken aboul by Counc,I, this Counc il and previous Councils. 11 :al I have been on for a number or years
Wilh lhe sale ,n heu of condemnation of lhe land lo RTD for •he ir Fas-racl, tonal slal1on. end of lhe line sIaI10n.
you gave us the opportumly lo get lh1s land development ready w IM ut using any funds right out of the General
Fund In fact 11 pul half a mill10n dollars Into the General Fund and once we have the reimbursement fO< the
grading WOiie that was done f0< RTO. whlCh has now been IMlled. I believe a wdl bnng anothec half million dollars
• into the L TAR Fund which Is a part ot the General Fund So this Is roughly 13 acres of 100 acres that Counc,ts
have consistently said wtll be tor tease , not for sale They are a long term sustainable revenue source ,nto this
CI1y lhal can offset the possibility of lulure lax increases or keep us w1lh the conl1nued services Ot add1t10nal
services thal we may have In the future So when all of these properties are leased, over time. and I know thal
lhere are two others nghl now that are under negotial1on , I think ,t is r1nally something that we have seen tor a
long time that ,s coming through These properties. I beheve , were purchased back In 1953 and part or the
proceeds wenl to pay back the remainder ot lhe funds to the Water Board thal had gone lo purchase lhem and
borrowed fr0<n lhe Waler Board and bonowed lrom th£ General Fund
Mayor Wood\\•ard asked 1f there were any other cornmenls
Director GrygIew1cz sa,d 1f I could , I would like 10 mention that Stu Fonda, Mike Flaherty. Alan White and Rick
Kahm They ore the other Board members and very onstrumenIaI in pulling many hours lo ma ke all or not only
this lease w0t, bul do a whole lot ot the dirt work out there and gel the utilllles and a lol ot lhings lhal have
added a Iremendous value that down the road will repay lhe Coty
Mayor Wood\\ard said and one other nem lhal I would hke to menbon 1s Iha! tne teasee. TT ot Denver. Inc
which Is a Mike Ward Infinity dealer. currently located In Lollleton, signed the lease today so half of that conlract
,s signed and s.llh this Resolution , 11 gives EMRF lhe permission to go ahead and sign that and 11 ,s done
MayorWood"ard asked 1! there ·e any other comments
Counat Member Jefterson said ol Is nice to f,nalty 5ee one of these leases come to fru1hon and I hope 1t Is the
tirst of many to come
Council Memt:er McCashn said now It w,11 g,ve a greaI return IOt Englewood but, you know alt the hard WO<k
• thal you guys have d~ne. I lh nk 11 w,11 be great Thank you
Counc il Member Oakley said for lhe record I would hke to say l hal we certainly took into cons 1dera t10n on
leas,ng this la nd. tne tremendous amount of money 11 ,s go,ng to bnng mlo the City and lhe tact lhal 11 IS tar
enough away ,n Dr •itas County that n doesn't run immediate v1Ctnny compeutoon with any of ow businesses
Ma y0< Wood',,Jrd asked 1t there wNe any 0Iher comments There were none
Englewood City Cou ncil October 19, 20 09 Pa ge 14 Vo te results : Ayes Council Members Penn , Mccaslin Moore Woodw ard Je llerson. Wil son Oakley Nays No ne Motion earned (11) Director White presented a recommendation from the Community Developmen t
Department lo approve a resolutoon granting a right to use the mun1c1pal nght -of -way ,n the South Broadway
med,an for Informat1onal signs He sa,d good evening Mayor and Council members As we discussed last
weekend at the Study Session . we are proposing a lice nse agreement to insta ll the dorectional signs that we
have talked about numerous limes. on Broadway to dorect motorists lhat are using Broadway to businesses
wes t of Broadway and specifically the Coty Center Englewood Development here We're modeling th ,s program
after a similar program the State uses to provide tounst informalional signs along the interstate highways What
COOT does ,shire vendors to procu re, install and maintain those s,gns and under this license agreement, we
w,11 be looking at h1nng a vendor to do exactly that · procure , install and main tain these median s,gns The signs
w,11 be as you have seen .. the des,gns of the signs as you have seen at previous meetings and we wil l be
looking at a vendor to sohcit busi nesses to have their names ,ncluded on those signs The vendor will be able to
charge for that service and will retain a ll or that revenue There won 't be any sharing wi th the Coty We reel we
need to provide that incentive to the vendors to be able to implement these signs . The term of the license
agreement is ten years . We may consider renew in g 11 or term1natIng 1t at that time of we feel the program is not
successfu l or has been successful, It can be renewed . The agreement Is revocable should the vendor fail to
perform under the agreement and then w~ can look for anot her vendor to perform the activities that we are
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looking at under the license agreemen t or 1f the signs are determined to be hazardous for any reason then we •
can revoke the license If this is approved tonight, we'll be soliciting ve ndors to implement the program And I
anticipate getting a vendor under the license agreement sometime toward the end of November or ear ly
December this year and get moving on the program We are asking for approval and recommend ing adoption
of the resolu tion tonight ~erore moving forward wi th th,s program
Mayor Woodward asked 1f there were any questions for Alan There were none
COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER PENN SE CONDED , TO APPROVE
AGENDA JTEM 11 (c) (i i) • RESOLUTION NO , 78 , SERIES OF 2009 .
RESOL UTION NO 78, SERIES OF 2009
A RESOLUTION GRA NTING A RIGHT TO USE THE MUN ICIPAL RIGHT-OF -WAY IN SOUTH BROADWAY
MEDIAN
Mayor Woodward asked 1f there was any d1scuss1on
Council Member Mccaslin said I JUSI lhink th is has been we have talked about these direct1onat signs I think
th is ,s a great effort for lhe Cit y to help the businesses ,n Englewood , to help make the peop le around Broadway
aware of what's go ing on , on the othe< side of Broadway So I appreciate all of the effort you guys have done ,
helping the businesses in that area
Mayor Wood ward said I think that this is something too that these arc direchonal signs on Broadway that will
point to ward Eng le wood Parkway toward the shopping area and tn discussing this al ACE meetings and wi th
BID people. they do not see a conflict with this, being di ff erent kinds of businesses I think our payback ,
allhough you said we don ·t have anything , the payback we gel are al l of those cars ~veryday that go down •
Broadway that doesn 't know that a Hobby Lobby 1s over here , a Country Bu ffet a Wal-Mart , a Ross , Office
Depot and tha t's going to be the payback And so , I'm glad and look forwar d to those places having the
opportunity lo have more people seeing what we have as far as available shopping
Coun cil Member McCashn said and i ust to make a comment In ta lking with some constitue nts In the last couple
of month s one young fami ly did recognize what the BID has done north of Hampden but they also I1 ave some
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Englewood City Council Oc tober 19, 2009 Page 15 concern with -.tiat is happening S<luth ol Hampden I've voiced my same concerns earlier ., the d1sc1ass10n of BID noping the same thing follows thr009h So I would hke t.i see us conbnue !he development ana Ille 11okeep dnd promoI,ng businesses also south ol Hampden So !hat was Iust a concern l>l'oughl by a constIIuenI and I Just thought I would pass that ~long as long as we are talking about BID and what BID has done I give an my kudos lo BID and what they have done But I would also like to see that south end and also the Federal• Belleview area aa ol the busrness area,, treated m the same manner
Council Member Jefferson said that being sard !It Just comment also that I guess ong,nally I think we all I and I
th ink the ,est ol the Counc,I, origina ll y, Inil1ally, thought this program as be111g self-adm ,n,stered and potentially
be ing a revenue source for us bu ! I certainly understand the direction we are going here and allev1aIl ng !hat
operaoons by outsourcing It out and lellinq them take the nsk ol not finding potential advertisers or !h,ngs of !hat
nature I'm happ) lo see 1t outsourced and hope that rt wrtl denve some addrtlOflal 1evenue tor the City
Mayor Woodward said 11 there are no further comments. please vote
Vote results:
Motion earned
Ayes Council Members Penn, McCasl1n, /11()()(e. Woodward , Jefferson,
Wilson. Oa kley
Nays None
12 General Discussion
(a) Mayofs Choice
(I) Mayor Woodward said I am going lo go ahead and bring fo,ward the motion lo
recommend 10 the Crly Manager the setllng ol specific off-leash hours for dogs for Jason, CenteM1al Duncan
and the Northwest Greenbett parks to be elfeclwe January 1 2010 Specifically March 1 through October 31
-off-leash h~urs from 6 00 lo 9 00 am and 7 30 to 11 00 pm, and November 1 through February 28 or 29 -
off .leash hours from 6 00 10 11 00 am and 4 00 lo 11 00 pm I am looking lor a molron tor approval of th is
mohon
(Clerks note Th,s was on the Agenda at IIem 12 (b) (Ml I
COUNCIL MEMBER PENN MOVED, ANO COUNCIL MEMBER McC IISLIN SECONDED THE MOTION TO
RECOMMEND TO THE CITY MANAGER THE SETTING OF SPECIFI C OFF-LEASH HOURS FOR DOGS
FO R JASON, CENTENNIAL, DUNCAN AND THE NORTHWEST GREENBELT PARKS TO BE EFFECTIVE
JANUARY 1, 2010. SPECIFICALLY: MARCH 1 THROUGH OCTOBER 31 • OFF-LEASH HOURS FROM 6:00
to 9:00 am and 7:30 to 11 :00 pm; AND NOVEMBER 1 THROUGH FEBRUARY 28 OR 29 -OFF -LEASH
HOURS FROM 6:00 to 11 :00 am AND 4:00 to 11:00 pm ,
Mayor Woodward said we are now al dIscuss10n and I writ open up the floor tor Counci l's d1scuss1on
Councd Member Moore said I w,11 get 11 started I find this a. as you can rmag,ne for e;ghl years, a very d1fiicult
issue I remember sI11ing In th,, room when I was running for olftee tor the first hme and I remember Ruth Steele
speaking lo us about the leash Issues back then I'm a dog owner You gu ys have heard me argue vehemen tly
about wh at my rights on my pnvale property shou ld be I understand the va lue of off-leash training and exercise
bul as I've wrestled with this, I mean. I also understand our neighbol'hood parks, I 1ust don't th11k you should
have to go into a neighborhood park and be worried about the safety your safety, your child's safety the dog
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un lea shed Is approaching you I think there Is a clea r answer tt rs that we need lo have appropnale dog parks
I supported 11 with Canine Corral If Cani ne Corral Is nol sulf1c1enl, I lhrnk we need lo lde nlily lhe del1c1ency for
our c,~zens and move our policies rn that d11ec t10n II Is going lo be very ha rd with the land-locked C1Iy lo find
land tor 11 bul I clon'I believe ltlal lhere Is a soluuon that rs going lo work and allow C?Uncd. future Councils lo
move 'XI unI,I we 1usI recogn,z, the d1st1ncI10n I v.,I say ,ust In five mInuIes· tJme last night I was at Jason
Park pulled up lo the curb and watched three dogs go 1010 the playground I watched one dog come gel out of
the car !his grea t. the owner watched another dog some other person's dog mess 1n the park and she
Englowood City Council Octobor 19, 2009 Pago 16 proceeded 10 go pock up after thal Olher dog and I thought lhat was fantast.: Then w,th,n a couple of more monuldS her cog became the fourth dog l saw., the playground So I actually don t thmk the hours compromise ,s going lo work I w,11 support it al the end of the mghl 1f lhal Is what 1t takes to ,mprove lhe current situation but I realty lhonk the long term answer ,s that we 1d~nI,Iy the we have a large constituency that needs space for the dogs and we need to move towards providing appropriate dog fac1I111es but I don't thrnk our neighborhood parks are those fac1ht1es So. those are my comments Council Member Wolson said I have some comments that I would like to read Ow1S10r1 cf the mu•u-use park
where dogs are permitted to be off-leash was a progress,ve r.ommun,ty bu11d1ng concept It put Englewood on
the map for having a new Idea II set us apart from other c111es People have said they moved to Englewood for
this very reason It ,s about people coming together Eng lewood Un leashed has come to us w,th a compromise
of reasonable hours Wolh lh1s compromise, everyone can use the park Fam ilies who ca nnot come In the
morning ••111 shll have lime ,n lhe evening The whole Issue ,s not about the dogs, 11 Is about the dlllerences of
people II IS about Englewood berng 1nclus1ve With all the other progressive moves we are presently making ,n
this Coty I feel we will be going backwards 1f we do not change the h•urs to be 111elus,ve I win be V01111g on the
proposed hours of Englewood Unleashed .,,th the ex~,on or no dogs on the field with spans This can be
accomplished w,th correct s,gnage I also th11k those are suff,c,ent pre-implementabon periods 10 prepare signs
and post the Inforrnatlon ,n ,anous media before the start date of January 1• Besides enforcement, I th,nk
!hose who were non-compliant a hefty fine would be reasonable Thal ,s all I have
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Council Member McCashn said again I would like 10 say, w1lh both s,des com,ng to us. you know, one sayl· J I
want lo leave 11 the way ,1 ,s and one saying, I want It completely unleashed I felt the reason that we are here
now 15 because of the compromise Agam, I am go,ng reiterate what I said ,n Study Session I managed an ice
arena for f,ve years and handled the battles between figure skaters and hockey players ,n general sess.on ,~ a •
reatty d1ff.:ult thong and ,1 15 the same deco510n that we are making nght now Some of the factors that I d hke to
bnng up are the number of 1nc1dences which we have reported I mean. even though people said they wanted
lo, It has been noted that the reports of incidences Is very rare I noted the misuse and again, you know I am
laking everybody's word for 11 !hat !here has to be ~ome changes So I think the comp rom ise In the hours ,s
good and I would say that I didn't want lo defer 11 you know the best thing for everyone And that Is go,ng to be
1mposs1ble because someone ,s go,ng to be upsel And I am Iust g01ng to leave 11 at that and hopefully ,n this
d1scu55,on that we can, yoo know seven of us can come up w11h a good consensus
Mayor Woodward said Bob, do you have any suggestions for hours or ,s this your suggestion'? Councol Member
McCashn said no, I don't nght now because I Just want to hear the rest you know There are some suggeslions,
I lh1nk, thrown ou t there and I would like to hear them before I comment on them
Council Member Penn said let me talk about I've set down at Jason Park many, many, many days a1od
unfortunatefy.11 seems hke every lime I sit down there I moss what Is going on but I've walked In the morning
I've walked m the evening I've sat down dunng the lunch bme. Ive sat on Saturdays I ve been there on
Sundays unfortunately I reany believe that the people that are conscoence do a great JOb w,th theor dogs I
understand the safety, the need of safety for the youngsters and I think that ,s why I will suppor1 the hours iust lo
give th, young kids and the youngslers a lime when they can !eel safe John, I do like you, idea aboul looking
al ful\lre parks parks that would make our dog owners feel more w1lllng to go to those parks I reo lize mere
are o low parks a fel'I problems with our CaninP Carro l And numoor one would be, I'm sure JUSI the masses of
people 11 we senI everybody over there so I am go,ng to support I don't !honk we can stay JUSI blanket and
Iust stay where we are at I think here has to be s,gnage I !honk !here has to be coohnued enforcement
whether that be more corcu,ts around the parks t~ take a looll at that 11 they have lime I hate to think that ~ ,s
an ,mpor,ant thing but I would think there would be some tomes Olher things that woold be more tmportanl for
us to go out and enforce But I believe that ,s something that we def1n1Iety have to took onto And one of my
biggest frustraI10ns here on the Counci l ,s, sometnnes we do talk and talk and ta lk, but the great thing Is !hat we •
g,ve eve1ybody the oppor1un,ty to ta lk and even though some people don't thing we should , I think 11 1s a great
llung lo let our c111zens talk a~d we can listen
Council Member Jefferson sa,d I win fUSI go ahead and comment now I gubss IusI first or all I would IusI hke 10
thank the general publrc for coming •n and \IOIC,ng then comments I knoN ,t has been drarmng on evcryoody
,m,Ohled ,n the ,ssue on bOlh sides bOlh '"th the t,me spenl and the emot10nat drnon,ng so I hope that ,•.e can
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Englowood Cily Council October 19, 2009 l'ogo 17 come 10 some sort of resolul10n poIonI,ally here ton1ghI but I JUSI reahzed Iha! Ih,s issue may conhnue to d1Ag on Currently I am not In support of the hours t11at have been put lo.ward I have a couple ol problems with It tt,e biggest of wh.ch. ,n my mind ,s the enlorcement .ssue I don I think we have tt>e resources to be able lo enfo,ce such a pol,cy And I guess second ly I beloeve !hat ,tis too resInc11ve for the off-leash commuMy t am of Ihe opmoon lhal we need off-leash rae11i~es m our commumly but I th1'1k lhal the ut1t11y and lhe demand that "e have seen al the parks demonsl!ates that we do need those raclhltes I also however understand the concerns of others who believe thal off-leash dogs ,n our •eg ular parks represenl a safety hazard And so, ,n my mind, I
lhmk some or !hose concerns are inherent with mixed-use parks and so. you know. I lh,nk Im sort or In a porallel
here w,th CouncM Member Moore ·~al I think the only ultimate solution for this ,s to provide an add1oonal off •
leash laahly And I lhmk anyth1n9 aside from that Is truly Iust g01ng to band-a,d the s,tual,on And I believe thal
11 will be back becau:;e again hke I said. I have problems w,th the enf0<ceme • and I know lhal our communoty
needs these fac,ht,es And again, I truly believe that finding anolher location for these dog uses w~ethe< II be al
Jason Park ,n a designated area or In a tolally olhdr faclhly altogether ,s the only way that you truly address
both sides' concerns at this point
Mayor Woodward said t want to stall by thanking everybody lhal has =e I think lhat this Is pa/1 of lhe
p,ocess that we go through kstening to our c1b2ens m our community an~ 11 takes tonger than one would want t
totally reahze lhal It takes about taken what, 8 years longer than I wanled t want lo address enforcement t
do somewha l disagree with you , Joe. ,n thal I don't think we will have any problems with enforcement when
dogs are off-leash during off-leash hours tr somebody has one on-leash, that ,sn·t a problem If it ,s dunng
hours or. while the dogs have to be or supposed to be on leash. I think ,t becomes very easy for Code
Enl0<cement or Poflce Officers 10 see that It becomes really easy As the non-vo~ng board member or the
Englewood Soccer AsSOClabon . as a Council kaIson or a City ia.son from the S.xce< AsSOClallOf'I, last n,ghl I
was talking 10 one of the board members regarding something enorely different and two issues came up at
Jason Park One was. totally non-dog related and the other one was relalod ·o a d~. ~ut In both 1nc1dences the
police were there. In the parking lol And in both Incidences the pohce responciad and with the ,ssue of the dog.
It had happened on the south end of the park , there was a hckel issued And t don't think this was Englewood
Unleashed people Based on what I've heard I think 11 was one of those other parcentage type people But ,n
going back whe<e these hours came ffom. some people. IusI to clear up some confusion. these did no! come
from Parks and Recreat,on Commission All that came from Parks and Rec,eat,on Comm1SSlOl'I was the
recommendahon that Coty Council work ,tout And as I look al these, I beheve, hke you had mentiooed I lh1nk I
heard over here lhal they are somewhat restrictive I go back 10 Study Session an.d I be heve lhal the winter
hours are 100% off. leashed During winier hours. ,n my mind, seems to be accept able I know ,t has been
brought up at Centennial Park regarding sledding of children and In my expenence at Hosanna Park, and as a
ch 11 being around dogs that where people were sledding, 111s usually the owner's dog and they are chaSlng or
playing with the sledder who ,s their owner or part of the.-famiy or whatever I don't see. have not expenenced
or seen, any aggressive behavior with children sledd1n9 and that includes my own going back a long, long tune
ago I mean whal seems hke a long time ago The early morning hours, to me. are probably I don't thin k,
from whaI I hear 9 am. there ,s a period or I,me and I think Dorothy and I have commun ,cated about certain
times 10 am In July, late June and August becomes a time for somebody ltke Dorothy and Emme thal go on-
leash at Centenn.al and walk the~ dogs where 11 could be warm dunng those pen<><fs tt could be hOI But I also
find that dunng a part of that I,me al Jason Park. and rm sure at Centennial Park that there are people from the
1m111edIate neighborhood and al the Parks and Recreation Cotnm1ssoon. • ~ did hear from people m the
1mrned,ale neighborhood that ul1hzed lhat pa rk for 11 sounded almost ltkb " men's club 01 a social galhenng.
like people used 10 meel In a coffee shop ,n the morning for coffee , woll lhese people were meet,ng at Jason
Park and running their dogs I. too, was down at Jason Park yesterday In the morning and at noon In tte
mo,nmg, U,,,,e was one person and one ch•ld ,n the playground and lhe<e were a number of dogs oul playing
but I never saw any dogs go mlo the ptaygtound or leave kind of that area and I saw very respons,ble people
w1lh dogs L,ke Randy, I've been there at numerous ~mes and I have seen, like John did at hmes when dogs
have gone Into the she lter and I have seen when dogs have gone into the playground not very often and the
man, case that I'm thinking about ,t, was small dogs but I know other Co~nc1I members have experienced btgger
dogs and cena,nty people have etoe11enced their food being stolen So, I do feel lhal there Is a lime l1m11 thal ,s
def1Mety needed 7 30 at n,ght. t beheve Is probably 100 laIe 10 start I th,nk there ,s a darkness issue I think
1r e1c Is you know ,n the m<ddle of the sun,mer aga,n. there ,s lhat t,ghl ISSue when you have plenty ol l,ght but
most of the lime from mld-Augus: on y.:u don I have lhe hght So these hours In any even! I hope we get mI0
d,scuss,ons on them and come 10 a consensus vote on ,t and can move on I ag,ee w,th John and Joe 1h01 we
Englewood Cily Co un cil October 19, 2009 Page 18 do need add1t1 ona, dog area We know that 25% of the people of Englewood own dogs , which probably gives somewhere 1n lhe ne,ghborhood of a m,mmum of 8 000 dogs 1n our C,ty So wi th that and having been on the dog task force that came up w1lh Canine Corra l lhal ull:malely 1not1ally Centennial Park . the back sid e and only to f,nd out that 11 was an area that would have cost I th,nk mllhons possibl y to get the clay capped , to get the en vironmenta l and the Bro wnfield stuff addressed I don 't know where that land 1s because we rea lly looked for that land as something the City owned and we couldn 't find ,1 Bui I do support the ,dea I don 't know how we get there And I know we don I get there right now W,th that , I will give ,1 to Wayne
Council Member Oakley sa,d yeah, I wanted to make sure that I told the guy on the audience that I could make a
couple of genera l statements and I w,11 hold 11 lo lhat Aller the dog park was completed , I be lieve that I was the
first one on Counci l to propose that Jason go back to an on-leash park and that has been . I don·t know how
many years ago al least two and maybe more lhan lhat Since lha t time we have heard a lot of testimony and
heard from a lot of people I've got to know a lot of people better and I simply come to the conclus,on that s,nce
I was elected to Councll , I've always tried to represent all the c1t1zens of Englewood and 11 pains me when I
can't. And this 1s one issue that I beheve a compromise 1s the only way tha t I could feel good about that
Otherwise , I'm go in g to feel , ,n my heart, that f was no t represent,ng everybody . So f will support so me k,nd of
hours comprom,sed and I'm open to what the rest of you have to say .
Mayo r Woodward sa,d okay , I think everybody ~as spoken unless anybody has something to add Does
somebody want to discuss hours? If Joe I know that. you know , when we brought this forward you wanted to,
two weeks ago , four weeks ago , you wanted to make a proposal to change those right then and did you have
something else 1n mind?
•
Council Member Jefferson sa,d you know , again, I've got to re ilerate that the hours are no t my personal cho ice •
of have to handle the s,tuation . So. you know , I guess I'd be happy to delve on to that conversatio n if everyone
else ,s convinced that . that is the solution I guess , you know, I guess I perhaps don't see it qui te as difficult to
fond a new spot You ~now , even the recommendation that we heard ong,nally from Councli Member Oakley
and Mr Han na tonight , 1n my m,nd , those types of soluhons make more sense actual ly to me than the hours
And so , I doo 't know that I have a recommendat,on for us to start I guess my only comment would be I'm not
supportive of what 1s there . The on ly way I would become supportive ol some sort of hours 1s 1f 11 included more
off-leash hours But aga,n. I think . that would be some sort of stalement from us S<yin g lhat that mixed -used is
work,ng there So ,n my mind , the way I sort of frame the ,ssue Is that 1s the 1:•st OJestlon Is mixed-use
some thing that can •·.ork on our communoty? If 111s, lhen perhaps the status quo 1s okay with just some stepped
up enforcement and s1gnage If 1I isn't, then we need to find another fac1hty , you know . In my mmd, that 1s
really how it comes down Really , Is moxed-use the ngh t thing for our community? And I would love to hear
some feedba ck on tha t Because I think 1f you are supporting hours. you have got to say that mixed -use In
some ways works and you know whal I mean , otherwise , you know , it 1s not an attempt 1n my mind to really truly
separa te out the uses It ,s really 1ust a band aid to get both sides to agree to some line What do you guys
th,nk?
Council Membe r Oakley said I would like lo co mment about something that John and Joe both commented on
about another fac•hty . Maybe I have been heanng this wrong but since this discuss,on has staned , I have heard
that a dog park 1s a dog park and off-lea sh park 1s an off -leash par k and that lhe people thal d•dn'I wanl 10 use
the dog park would no l use lwo dog parks They stlil would want to go l o an off-leash regular park so I'm not
sure that that would solve the problem
Council Member Jefferson sa id 11 I could res~ond I think there are several d,lferenl reasons why Camne Corral
,snot nearly as popular, I th,nk , in usage as some ol our olher parks . Camne Corral has no green grass and to
my knowledge , ,t never had green grass You know , a lot of folks would have told me when I bnng this up that
the dogs killed the grass and ,n my op1n1on . thal 1s not lhe case You know 1n being over there, you got very , ,t •
1s a very and are a It 1s hke straw-like type grassed area Counc,I Member Wilson said there 1s no 1rngat10n
Mr Jef fe rson said exac tly , lhere 1s no orrigahon so , you know, the re was no poss1bihty for grass lo remain there
and so , ,n my m,nd the two necess1 t1 es ol a dog park are g1een grass and a fence And you know what I mean ,
and so I gererally, ,n my mind th,nk that dog parks don 't need lo be expensive these things don 't need to be
expensive You pick an area with some green grass and you fe nce 11 oil and you des,gnate lhal as the area
So ,n my n11nd you know. I think Iha! 11 cou ld potentially be a solu hon on lh e very near term because I don 't thin~
• Englewood City Council Oclobcr 19, 2009 Page 19 11 1s some1h1ng lhal 1s terribly d1ff1cult thal doesn I have to cost a 1emble a11101Jm of money The Canine Corral rosl ,nm~ m,nd was an embarrassing amount to fund Council Member Wilson said do you know how much? Mr Jefferson said several hundred thousand or a couple hundred 1h0usand from what I understand not counlmg lhe 11nga1,on syslem Ms Wilson said well because and I can give you the breakdown for The 101a1 cosl of the Canme Corral was S 123,295 00 That funding came from S96.533 came from Open Space SI 975 came from the Water Department, and S12,787
came from the Cap,tal General Fund Thete IS approioma,ely SS0,000 done on water studies one was for
flood pta,n and one was how the water ,r there would be any problem w11h the water , the dogs being so close to
rt and so that 1s how that breaks down II wasn t S200.000 00
Council Member Jefferson said I really appreciate you 1nter1ect1ng that because I had hea,d a nu mber lhat was
higher than a hundred but I'm sbl hearing whal ,f you "1dude the fifty-one seventy-three something that's
S173,000 00 , is thal correct? Council Member Wilson said no, S 123,295 Council Member Jefferson said okay,
Iha! oncludes lhe SS0.000 for the water? Council Member Wilson sa,d that 1n,:Judes 11 all Council Member
Jefferson said 10 my mind lhe S 123,295 1s sbll an embarrassing number lo lhe City Again, you know Councd
Member Wilson said bul that ,s due to lack of you know be,ng on th~t Task Force, that was the only property
we could find and due to the lact lhal ~ was near wale, and 1t was in the flood plain. there were cer1a1n studies
lhal had 10 be done Now I don't necessanly beheve lhat has to be done everywhere but due lo this properly,
and believe me being on that Task Fo,ce, John Tomasso and I combed the area So It makes It very hard and
that was one place 1hat had trees and one place that was kind or not 1n the middle or nowhere and 11 also had
parking You know, 11 had some or 11,e features lhal you need w11h a dog park Yes, 11 would be lovely lo have
another one The olhef problem tS you know, where? Councd Member Jefferson said agreed and I appreciate
• that and my po,nt really ,sn'l 10 bash on the previous committee I know they had the besl 1nlenuons ,n mind and
probably thought lhal Canine Corral was going to be a wonderful facility that the community loves So, I have
no doubl aboul lhat I am JUSI suggesbng that since we have had that expenence lhal we can pick an area
And you know, m my mind, yo u know hke I said. lhe original idea given us by Council Member Oakley. lhe
comments lonoghl lrom Mr Hanna pert,aps even lhe southeast area of Jason Park could be designated as off-
leash Thal way and potent,ally fenced off beeause lhen )'OU could at leasl have a des,gnaled area al the same
locauor. ,,1th marking tha t answers all those concerns Jason was setecled because 11 had all or those
amen,,oes. such as par1<119 and other things Yoo know so. perhaps lhe solul lOn 1s nght lhere In my m111d
lhose are more a1trac11ve solu11ons than what we are trying lo do here
Mayor Woodward said lhe sou1heasl area of Jason was explored as an area IO fence ,n but again parlong IS
separaled lrom that area II does not .It was not conducive You don'I wanl to gel Into a s11ual1on with people
parking on the streel like Rotolo or somelhmg hke that Thal was one of the problems and ,hal there were
children's th ings, achv,t,es go,ng on lhere So, I mean, that was looked al and
Councd Member Jefferson said and I cena,nly undersland !hose concerns
Mayor Woodward said okay well let me f1msh then One ol lhc things lhat I hear whnt )OIJ are saying and I
lh1nk you have stated the case but l lhmk, coming back lo lhe poml of lry1n9 lo get 10, w,1hou1 going totally to
yoor argument lo see ,f there are people w,lh other suggesllOns for hours because nght now dunng t1 11s
eC0<10my lhcre is not go,ng to be anolhetoff-leash park on Englewood dunng lhe calendar year 2010
Council Member Jefferson said I think lhat 1s a bl! or a res1nc1ed view on whal we are doing here Again, I
re1tero1e , I don't think lh1s needs 10 be expensove You know, again t'fl lhrow out there that I've lhrown ou1 a
couple of opllons and I don't think they are go ,ng 10 be totally cosl proh1b1hve t think Englewood Unleashed has
slepped up and sa,d that they would pay half of any fencing solution that we did come fo,ward with and so ,n my
• mind, that's a solution lhal 1s under S 10,000 00 1n cos, lo lhe C11y that I think you can manage for lhal number
Ma yor Woodward said see and f drsagree Aga,n having been 011 that Task Fo,ce wilh 011zens. Wllh Parks and
Recrea11on personnel those are nol lhe numbers and thal wa s nol lhe cnlena that was requued coming out of
nal ona surveys and Parks and Recrealoo Boards and stuff
Englowood City Council October 19, 2009 Page 20 Council Member Jefferson said I apprecIa1e your opinion and I guess I 1ust respectfully disagree I 1ust think It could be handled for a relauvely inexpensive amount and yc,u know , I don't think we need to over comphcate the issue Like I said , 1f 11 has got green grass you 901 parking you got a fence and you are ready lo roll Couool Member Moore said Joe for the sake of moving us along you and I both have views that I d0n1 thmk are go,ng to end up being the f,nal voew tonight I thonk there IS a consensus Joe has asked a good quest,on about whether or not we behave mixed-use works I think I heard enough Counc,I support for hours that I think
wP probably •~ould focus on :nose but ,f that's if the five of you are looking for some version of lhe hours, then
I would su99es1 lhal we focus there 1f thal 1s acceplabte
Couool Member Jeffe™>n said I guess what I would Just 1,ke 10 hear befOlt! I'm happy to move to lhal p01nt 1s
1ust to hear from the consensus of the Council tha1 hours 1s lhe soluhon thal you're only willing to look at lomght
because olherwlse, I'm going lo try to convince you lo do somelhing d1fferenl And so. you know, I would love lo
hear frnm olher Council people saying lhal lhey are locked Into lhe hours idea and I wou ld be happy 10
conlnbute lo lhat conversation
Council Member Penn said I am 1eady to do the hours And what I suggest to you Joe, 1s to go out do the
research, find the place. gel us some numbers and bnng It back to us and we would be more than willing 10
hsten to It but we don't have ttme for that Nght now We have been wailing 100 long for this . We need lo make a
decision and get this lh1n9 done and then as you conhnue and go down your path and find these places, and get
some cost figu res, bring II back to the Council I think lhat would be a great Idea
•
Council Member Jefferson said weft I lh1nk, you know. 11 would be d1tfiQJlt for me I thmk you know where I stand
to come across as very objective on the issue, so my suggeslJOO 1s If everyone 1s serious about consldenng •
anolher locallon is to commission somebody or commission a group to hnd that new locabon because, you
know, I've thrown out a couple of ideas already I don't know that I'm going lo have m uch more beyond that and
hke I said, I would like II to come from an obJect1ve source an objective source as possible rather than from just
me umlaterally
Council Member Oakley said I guess I have one quesbon and then we can move on If the second park was
built. would rt be with the understand ing that all the other off,leash parks would go away?
Council Member Jefferson said yeah, I guess that is what I'm suggesting In heu ol restricting these other parks
Provide another facihly and that way you have two totally separate uses and the people who are there lo, you
know. be with lhe1r famd,es without lhe dogs can do that and If you would be there lo be there with theu-dogs.
they can do that
Counc,t Member Oakley sa id as a proposal rm heanng you , bul as a procedure of us considenng what was al
the public hearing, I don'I 1emembe, Jhal being discussed al the public hearmg In any great detail
Council Member Jefferson said agreed and I th1nl< thal goes back to why I wanted to open up lo what tne
subject of lhat publte heanng was because I fen lhere 1s, you know that rt Just. rt was Just a piece of the p,e that
could be lhe solut10n and so that 1s why I really wanted to open 11 up You know I don'I want to, you know, I
don 't want the Council to feel really cornered mto making a dec1s1on on these hours today 1f we feel hke there
are other solut ions oul there lhal cou ld be belier longer te1m soluuons for the com mun11y
Council Member Wilson said well I guess my concern 1s thal I am not sure that Is whal the commumly wanls
You know I mean I am not sure everyone would want all the other parks dosed the off-leash parks, so I
guess, you know
Council Member Jefferson said I agree I mean, you know, I'd say 1f 1t was up to me, I actually th,nk lhe mixed• •
use works 1n our parks If II were up to me, I d keep with the stalus quo and up lhe enforcemenl and up the
s1gnage and let people know but I reahze lhe I sympathize with lhe other side I understand the arguments
arid I understand thal a fair amount of people believe thal moxed-use has lf'lherent problems and I recogn.ze
that There are some 1nheren1 problems and 1t 1s reslnclJVe for a certain port,on of the popula110n I apolog12e I
JUSI kind of went on a tangenl d,dn't I?
•
•
•
Englewood City Council October 19, 2009 Page 21 Counctl Member Wilson said wel' Im Just saying that I !honk you know If you want I mean I don t say that It os a bad Idea but J think to do lhos properly maybe and beye>nd lhos meeting and not you know lo recess this dec,s,on here would be to have a~other task force that would loo!t ror you know another park and funding and au lhe rest of 11 But I guess my understa nding was tonight we were supposed to decode on hours and that ,s what people talked to and ~bout them lostenong to too publoc hearing anld we don't have that other optoon
Counc,I Member J.!fferson said anld I guess I would say that I th,nk th<, maioroty of the constituents are against
what os recommended here
Counc,I Member Wi lson said well as you heard whal I had to say, I wasn't agreeing with
Mayor Woodward saod Bob had something he wan1ed to say
Council Member McCasl1n said well you know I believe that, you know, for the first two years I was on Counclf
thos came up and then~ went away and now ots bad< bul we had a group, the Eng lewood Unleashed. who has
done , I th ink very positive, a very posotrve role on keep1 n9 Jas..., Park clean and helping to patrol lhe,r own.
help,ng patrol others and 11's not even lheor job So before we dLSCuss hours. I wou ld like to go over. or at least
have ,1 on pubhc record. what their, from their survey that they dod. what their rece>mmendatoon of hours were
because you knOw if they come every other Sunday they have a picnic and brunch, they clea n up the whole
park and the y are dedicated When they found out there was a problem here, they reaNy staned addressing
issues anld instead c,f saying you know. negauve, nega bve They rea lly wan ted to fond a solution and that ,s
kond of where we are at now And I would toke to 1ust ror publoc record. you know, go back over thew
recommendatJons iust so we have that for discussion Other Council members ag reed
Mayor Woodward said he "strongly believes that ewen this oplion Is too restricted To keep ,t simple. we wou ld
amend this to 6 am 10 11 am and 6 pm to 11 pm seven days a week dunng Aprol 1 through September 30, lhen
wonterwould be October 110 March 31 as 100% ott-leash sonce we are often lhe only pa rk users dur,ng the
season."
Council Member McCaslon saod I Iust wanted that for the record so that, that os concemong our d,seuss,on of
hours because I know that we had the hours In front of us but I
Council Member Jefferson sa ,d on my mond tha t might be a more prudent starting place ,r we. In fact. are going to
lhe hour route.
Counc1I Member Moore saod so let's mosh answering that question Randy said yes, we woll talk about hours
Bob said yes. we wotl talk about hours Wayn e saod yes and JIii said yes He sa id at least for lonoght rt is goong
to be an hour's solut10<1 Let's Iust kind of at least getting two enlds Into the spectrum We'Ye got the hours that
were on the table , we've got Englewood Unleashed al ternabves Does anyone care to see If there is grav,tat,on
toward
Council Member Jefferson said I w,N throw out that I thonlc the better starting point oot. tf we had to pick the two
and start barterong from there, I tru ly be lieve that the Englewood Unleashed represent a much more reasonable
potenllal to where I !honk we are going to enld up I don't know what everybod y else !eels
Couool Member McCashn said I agree w,th that I mean ,t ,s a starting point and .
Councol Member Jefferson said I IusI !honk rt ,s a more reasonable starting poonl that we are going to have lo
amend a hllle b1l less, ,s all that rm try,ng lo say
Ma yor Woodward said I agree wllh two exceptoons I would offer up that 11 am come bad< 10 10 am and again
addressmg some of the heat issues or lhe summer and thal I am aga,n concerned ror Pa rks and Recreatron and
the stulf that ,s going on there during the month or March and the monlh of October October os a heavlly. the
hrst part or October espec,ally ,s a heav,ly usod mon th for the park users because the weather ,s st,11 very
Englewood City Co uncil Oct obor 19, 2009 Page 22 decenl and March Is also So I mean March 15 or March 16 10 0,1• ber, somelhing In belween I'll JUSI lhrow Iha! out there Council Membe r Jefferson sa,d I m sorry, can yo u say lhal one more lime Okay so you a•e saying 6 to 10 Is what you are proposing. correcl ? He said we are starting with lhe Englewood Unleashed recon1mendat,ons and you are recommend•ng two changes to lhal One ,s the summer time hours pulled back from 6 to 10 rather than 11, correct? Mayor Woodward sa,d correct Council Member Jefferson said and lhe second one ,s
amending lhe winter hours lo Mayor Woodward said mid-October or going back to November 1. t mean I feel
flexible on that October 1 lhrough March 31 seems 100 late for me Council Member Jefferson said okay. so at
leasl October 15 or November Okay Tllank you
Council Member Oakley said I would like lo comment on winier mon ths For right now ,rs October 19'", so we·re
not speculating, we actually know whal lhe wealher ,s like . so I ltuly believe lhat October Is not a winier monlh
per se when 11 comes to people using the part<s and I probably feel the same way aboul March So I though!
lhal November l hrough February was more leg1l1ma1e as far as winter monlhs are concerned Jim was otfenng
a 15 day compromise to that so maybe between those two we can work something out
Council Member Jefferson said so are you suggesting that you would fike at least t/\e end of October to
potent ially November 1 as well Council Member Oakley said I was going with what we had
proposed ... November through February Counc il Member Jefferson said sure, okay. Same lh1ng on the other
side?
•
Council Member Penn said I agree with Wayne on lhal. I like the March 1 through October 31 and then winter
months keep them November through February I'm not so sure lhal I want to go off-leash but I can be ta lked •
into It I guess _ during lhe winter months I wiU still listen
Council Member Mccaslin said I mean I li ke October 15 to March 15 In talking to you. I think about soccer
because you are the soccer guru and, you know, you've been in Englewood Soccer for years How many years
have you done soccer? Mayor Wocidward said I don't have any Idea Council Member McCaslln said guess.
len? Mayor Woormarc said twenly probably 18 Council Member McCashn saI0 18 years so I'm going to ask
since I don't sil out There, you know, every day, are these, Is October 15, whe n Is soccer actually played?
Mayor Woodward sa id soccer this year ends October 31 The last games are October 31 If there have been
rain Jays, lasl weekend there were some rain days, there wiU be makeup games They could go Into the nexl
week or they could be made up on Sunday Council Member Penn said they slarted on Sunday because I was
there on Sunday Mayor Woodward said they could be made up during the week Councij Member McCashn
said and then when do they I mean al the beginning of the year. did you say they start in March, middle of
March? Mayor Woodward said yeah, lyp,cally the games slart nght around the third week in March and
practices start 2 or 3 weeks pnor to that, depending on whether you are talking recreatlOllal or competruve and
well I'll Just keep 1t with recreational because compelIhve could be going all year round Counc il Member
McCashn said so you are asking for. I like the October 15 to March 15 but if we have lo I'll go from November lo
the end of February But I also wanl to look at lhe hours because I Uunk they are a lltUe resblCbve to the dogs
I'd like to see them extended a tittle bit than wha1 we proposed here Id like to see them go from, you know, 6
lo 11 In lhe morn ing and then 6 to 11 al night
Cour.cII Member Moore said t already had Joe and Bob down for supporting Englewood Unleashed hours so we
keep getting a puIse Council Member Wilson said and Jill Council Member Moore added and Jill
Council Member Penn said I will go with the March lhrough October but I'm not convinced on the winier yet
Council Member Moore said on the hours? Council Member Penn said nghl Council Member Moore said •
Wayne, do you care 10 offer?
Council Member Oakley said I'm s111I November through Feb,uary on the winter hours I guess as a
compromise If we tie that down. then I would listen lo off-leash during those four months
• Englewood Chy Cou ncil October 19, 2009 Page 23 Council Member Moore sa,d alnght do you mind sharing how you feel aboul lhe summer hours, whelher or no1 you ltke lhe original r,oposal :>r ? Counc,i Member Oakley satd the eventng hours I have a concern w,th because I thin~ ,r you would ask lhe Parks Departmenl when people ren1 lhe sheller house lhal would be nghl 1n lhe mtddle 6 o c,ock would be nghl 111 lhe mtddfe when 1hey are se111mg thew meal Council Member McCasltn said so you are saying laler hours 1n lhe evening? Counc,1 Member Oakley satd ,n the summer lime, yes , because, 1h1nk about ti Bob, ,f you are 1n a group lhal rents a sheller, thal 15 when you are
gomg to be there You are going lo be there at 5 lo whateve r, you know And If you move 11 back lo 6 lhen lhal
means lhal the food ,s gomg lo be nghl out !here ,r you could 1emp1 the dogs
Counc~ Member Jefferson satd I wil JUSI lhrow oul !here thal some people may want to have dog friendly
events and you know, on the appltealton, we can lei people know. hey lhe off-leash hours beg,n al 6 and so at
least they are on notice and you know. ,r they don't ltke that then. you know, then maybe they can ~hoose a
different facility
C01.,,cd Member Oakley said I agree with that and one of the other things that was brought lo my attention was
thal those people come there with both children and dogs and let the children play ,n the playground and their
dogs run, so I reahze there Is that aspect of 1t loo
Council Member Jefferson said bul I know lhere could be an issue for some people using that so I guess I wdl
lhrow out maybe fc>r Slaff thal, you know. If we do move lo thlS, lhts needs lo be disclosed so people who are
renting on those type or faciltl1es and lhings of thal nal ure, Just...
• Council Membe r Penn sa id J,m, lo add to the winier hours, when you were 1alk1ng to lhe people, whal t11ne do
lhey normally go oul and walk wilhout you know, the ones thal did nol have dogs? Whal were lhetr normal
walking hours during lhe winter? Mayor Woodward said the ones who dtd nol have dogs? Council Member
Penn said right
•
Mayor Woodward sa,d I am nol aware of anybody I wasn'l lalklng 10 people abou1 walking without dogs They
are walking with dogs around the penmeter Counc,I Member Penn said well but I though! we had some people
over al Centenn ial thal walked wilhoul dogs Mayor Woodward satd !hey walk with leash Council Member
Penn said I don't lhmk they walked with dogs at al l
Mayor Woodward said I think Dorothy and Emme lor example utt11ze a leash only . Council Member Penn sa,d I
dtdn1 think they walked dogs I didn'I think they had dogs
Council Member Wilson sa,d 1t he needs a copy of lhe minutes CouncU Member Oakley said I remember lhem
saying that they had to pick lhetr dogs up to feel safe
Council Member Jefferson said but I th,nk we can resl assured that lhere a,e all types of users I mean I think
we can rest assu red lha l the1e are cenain ly people walking around there. you know, recrealtonally without a
dog Council Member McCasltn said absolulely Counctl Member Oakley said yes , !here are so many
variab les
Council Member Jefferson satd exaclly, you got to assume lhal there are certainly people walking withoul a dog
Mayor Woodward satd you know, I guess what, on the weekend hours ,n the winier, what I wanted to come baci<
lo was lhe reason I was go ,ng along with It was because of lhe Study Sess10n, ,twas whal I suggested but al
leas! I wanl to make sure thal •.here are some dayltght hours there for, you know , for off-leash use So, and I
don't want lo send off-leash peopfe 1nlo the coldes1 1,me of lhe day o, evening and certatnly mornings are lhe
coldest 11me ol any day So
Counctl Member McCasltn said are you ta lking hours ,n the winter? Mayor Woodward said yes Counci l
Member McCasltn said I though! they had no hours
Counctl Member Penn said Wayne ana I need to be conv inced
Englewood City Counci l Oc tobe r 19, 2009 Page 24 Council Member Moore said we gol three connecled issues to resolve . so I'm trying lo f,gure out how do we gel to a consensus but we gol lhe w1n1er hours the winter monlhs and lhe 11 the summe, hours My leelmg 1s maybe lhe besl item known 1s bound lo lhe answers when we see lhe end solu :,on Maybe we can really hone m on lhe winier hours issue. so table the months lor a second If we find the 11ght mon ths , how many are ,n suppor1 of JUSt ,t 1s unleashed dunng whatever those winter months are And again no one 1s going lo be bound by lh1s So I see three dearly Mayor Woodward said Im sorry , will you posl lh e question again? Council Member
Moore said assuming we can reach agreement on the winter monlhs how many are 1n suppor1 of unleashed in
the winter , period?
Councrl Member Oakley said I had stated that I would do rl as a compromise if we established lhe winter monlhs
as being November 10 •
Counc il Member Moore said so lei's pul you as a 1en1a1rve and lhen Jil l, Joe, Bob are all .and Jim . Okay, so
lei's lake that as a lenlative agreement so no hou rs for lhe v,1nter Now lei's move on lo winier monlhs,
ce rtai nly There 1s a .. lo bring on Randy and Wayne. I'm hea nng lhal there needs lo be a constraining of that
lime frame to be November lhrough February . Certainly ag,,i n nol that it matters ,n the numbers m this case,
but I think lhat makes sense . If we are going lo go w1lh no IE ash al all during the w1nte r...hey it was 80 degrees
yesterday, I'm sorry but that park was full So saying lhat, iou know, leaving 'Jctober as a winier month as
opposed lo summer , I don't lh1nk cuts II myself But let's hear . le t me JUSI lhrow it lhis way . how many are in
support of assuming wilh no leashed hours in the winter , how many can be supportive of the winter months
being November through February? And Wayne , I'm going lo take you as the firsl ag reement Randy can you
come alorg with lhat? Randy said yep Council Member Moore said okay , how de lhe rest of you feel, too
narrow? Council Member McCasl1n said no , I would stdl hke to see October 15~ lhrcugh March 15th Mayor •
Woodward said well , I would go with lhe 15~ loo as a compromise. I would go w11h November 1 but I could go
with lhe 15'" as a compromise to lhal Council Member Jefferson said I would be more supponive of Englewood
Unleashed but I can live w1lh it 1f that 1s where lhe majonty is. I certainly wouldn't kick and scream I can live
with the 1 s" compromise that we discussed if we , ,n fact have a majority who are concerned aboul lhe wrnter
hours because I know we got us three supportive full . wholly with Eng lewood Unleashed. so He said no, no , no
because Jim 1s nol wholly support ive of the entire policy He was JUSI supportive of the winier hours but Jim also
wants lo move lhe winier duration , I guess I will say, the winter season And so what I heard was Jill, me and
Bob like the Englewood Unleashed , so 1f we gol lhe ma1only saying that they wanl lo , you know , mess around
wi th lhose I'm happy lo polentlally
Council Membe r Moore said I'm m support of the November lh rough February so Wayne , Randy and I were all
support ive of more narro wing
Council Member Wi lso n said I guess
Mayor Woodward said Randy . you . Wayne , okay 1n November was whe n I said but I could live with Oclober ,
Council Membe r Moore said oh. you prefe r November? Mayor Woodward said November would Council
Member Moore said okay . ihen I th ink thal moved us over we gal that Okay again we can come back 1f oh ,
I'm sorry I didn 't mean to rush 11 (Members made vanous comments al the same time )
Cou nctl Membe r Mo ore said so lei's assume for the moment we conl1nue w1nle1 1s defined as November
through February, and no leash dunng that penod Now lei's move to lhe summer and you know what, rm
hearing, I thtnk kind of pick ing some of Joe's words earlier . maybe 111s eas,er to star1 wtlh Englewood Unleashed
hours , dunng our redefined summer months .of 6 lo 11 and figure out what pull back , 1f any , from lhose we
need Jim , 1 lhtnk I heard you say 6 lo 10 in the mornmg or drd I tribute thal mcorreclly? Yes , t~at was Jim
Randy? Counc il Member Penn said I'm w1ll1ng to go 6 to 11 Council Member Moore said Randy 1s at 6 to 11 •
Bob? He replied 6 lo 11 Council Member Moore said I rn absla1nrng 6 lo 10 Joe? Council Member Jefferson
said 6 10 11 Councd Member Oakley said 6 10 10 Councrl Member Moore said alnghl , so we have 1wo 6 to 10
and whatever I say won 't change lhe ma1only He said I believe I'm for lhe sake of movmg lh1s along I am
going to ma e a mot,on lo amend Randy s motion so that the motion will provide Mayor Woodward sa ,d where
did we end up on su mmer ? Co uncil Member Moore said 6 to 11 Mayor Woodward said 6 am 1011 He said
Englewood Ci ty Council • October 19, 2009 Page 25 okay and Ihen how aboul Ihe evening? Counc,I Memb.ir Moore said 6 to 11 no Im sorry Councll Member Jefferson said I •n1nk he Is saying thal he would ilke to I though! I heard someone say he might like to change 11 Council Member Moore said okay I'm sorry I focused on the morning Councll Member Jefferson said yQu have support for the 6 to 11 here Council Member Moore said Is there concern about 6 to 11 evening? Counc11 Member Moore said not from Randy Wayne? Council Member Oakley sa,d I stiff have a concern I would suggest 7 lo 11 but Council Member Jefferson said I think we've got a maionty on 6 to 11 Council Member
Oakley said dO we? Council Member Moore said we've g ot Randy, Bob me, Joe He said do you guys want
me to proceed with the motion? Council Member Penn sa,d yes
Mayor Woodward said we've got II Now as I undersland It, this would be the motion the winter months would
be November through March Counetl Member Wilson said February. Mayor Woodward corrected and said
February Counetl Member Wilson said my only concern rs to go along w,th Ille February Mayor Woodward
said wall a minute, let me just finish . The winter months would be November through February-no leash The
summer would be March throvgh October 31 and ll would be 6 am to 11 am and 6 pm to 11 pm 6 am morn,ng
and 6 pm evening? Council Member Penn said yes Mayor Woodward said 1s there a mobon for that
amendment to the motion?
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED TO AMEND THE
MOTION TO RECOMMEND TO THE CITY MANAGER THE SETTING OF SPECIFIC OFF-LEASH HOURS
FOR DOGS FOR JASON, CENTENNIAL, DUNCAN AND THE NORTHWEST GREENBELT PARKS TO BE
EFFECTIVE JANUARY 1, 2010. SPECIFICALLY: MARCH 1 THROUGH OCTOBER 31 ··OFF-LEASH
•
HOURS FROM 6:00 TO 11:00 AM AND 6:00 TO 11 :00 PM ; AND NOVEMBER 1 THROUGH FEBRUARY 28
OR 29 -100% OFF-LEASH HOURS (NO RESTRICTION ON OFF-LEASH HOURS).
Councll Member Moore said we are JUSI amerld1ng the rnol!On, we are not voling on 11.
Councll Member Oal!ley said I am trying to figure out whether iust voling to amend the motion. 11 doesn't mean
the same thing for our next vote
Council Member Moore said in effect ,1 ,s gorng to mean the same thing but procedurally we r,rst have to amend
the motion
Council Member Oakley said so then If from a standpoint of not agreeing with the hours. I will need to IIOle no on
both of them? Council Member Jefferson sa1d you could vote yes on this one ar,d no on the next one There
was laughter with vanous member comments
Council Member Moore said the quesbon now ,s does this represent a better compromise put In front or Cou ncil
to voce on? So I will suppor1 th,s molK>ll becausa I think rt Is a better compromise to put "' front or Council and
Council can then express the ir .
Council Member Oakley said we are going lo discuss this
Council Member Moore said II ,s two different votes so
Counc1I Member Wilson said we are amend,ng the old vers10n of hours Counci l Member Moore said correct
Council Member Oakley said aga,n I assume we're going to talk s,gnage and enforcement, In addIhon to this, ,s
that correct? Councd Member Wrlson said I \\'OU!d thuik so. I am
• Mayor Woodward said I think we can certainly speak to the City Manager about th at and funding about thal but
not I think this rs the mot,c , that we are trying to get through nght 1on,ghl S,gnage ,s a
Council Member Moore said m ract J,m. maybe a thought would be I gue~s I m proposing Lei's go ahead
and vote on lhls mollon lo amend lhe mot,on Counc,l Member Wilson said th,s ,sour stan ng point Counu
Engl ewood City Council October 19, 2009 Page 26 Member Moore said lh1s 1s our star1rng po,nl We are reselbng lhe startmg point II ,s only leilahve Mayor Woodward asked II everybody has voled The answer was no Council Member Oakley said I generally don'I slale why I am voling but in lh1s rnslancc I probably win I 1ust wanl times for lhe people 10 be able to let their dogs run free and 1ust wanl time where people can take their kids there and feel safe If lh1s is the best hOurs lhat I can get, ;,nd ,t sounds hke 11 1s, lhen I will go along wi1n tt
Council Member Jefferson sard I lh1nk thal 1s a fair characte11zatlon of whal 1s happening
Mayor Woodward said well we are nol done discussing So whal we need to vole , you can vole no on this 01
vole yes and we arP. gotng lo s1111 discuss lhese hours again. nght now
Vote results:
Motion earned .
Ayes Couool Members Penn. McCaslin, Moore , Woodward . Jefferson,
Wilson, Oakley
Nays None
Mayor Woodward said so now the ong1na1 mot10n has been amended as far as the winter months and the winter
hours
•
Council Member M001e said now, rf I may ask a question There are, as Jill po1nled out. Issues if we ag ree to
these hours tonight, there are other issues to also. that we can cov<1r We can e,lher stay tonight and get them
aff out. 01 rf n 1s acceptable we can put rt as a Study Sess10n to Jim, flushing out some of the lh1ngs lhat go along •
wllh this, but 1fwe need lo say , well the voting on it tonight 1s fu e loo
Council Member Jefferson said keep 1n mind, I guess lhal Is wtial I was ttyrng to do attempt to do rt before we
got into all of thrs, you know, I was trying 10 bong up some of these other concerns lhat I had aboul lhls but, you
know. II seemed lhat everybody was supportive regarcless ol some of those issues and so .. rsn't that what 'A'e
heard? A consensus of Cou.,,._.. sayrng that they were supportive of hours regardless of some of thOse ancillary
Issues And so. 1r, nnv >11io'.l the, truly are totally. you know, ancillary I think they could be dealt wrth at lhe next
rnee~ng at a S1.idy S.-i;.o,,, Sevetal members spoke at once rle said ,s thrs going to make or break the
decl~ion .. becau~e ,f so, th at ,s what I was trying lo do earty on by saying, hey, I've got
Mayor Woodward sa id can I Just make a statement? Co uncil Member Jefferson said certainly. Mayor
Woodward said EngfeWOOd Unleashed has offered to provide slgnage 101 Jason Park We also have Centennia l
Park, Duncan Park and the Greenbelt which Is going l o need slgnage which was not included In the budget that
we worked with tonighl and I'm sure that Jerrell didn't have 11 as a contingency So if lhis IS to take effect
January 1, maybe we should talk so we are glv,ng lhe City Manager some direction on how 10 do thlS The
s1gnage al Jason Park 1s not acceptable It does not work. It IS nol acceptable and II does not inform the public
We heard Tavis Hanna ton1gh1 oller some thing thal I think he has done at Canine Corral that has been effectl'le,
so
Council Member Moore said Mayor, t believe we've got flex1bt"1y in lhe next two or three Study Sess,ons, so I
thrnk we have hme to deal wrlh 11 Mayor Woodward said we're at administrative on totally on that nght7
Council Member Moore said yeah, nght, so I would hke to QJ'le ,ta llttle more proper treatment al a Study
Session May01 Woodward said okay than lei's come back lo the mot10n
Councd Member Mocte said okay, so I will volunteer I will vole ,n favor of this compromise. As t slated before,
I don't th ink 1n the long run that It rs the best way but, again as I lhe ;,rocess of Couool ,s one ol compromising •
One of us can't Jortunalely, one of us can't drive things solely on their c,wn op1n1on So I respect the effort of
lhe c111zens I respect the d,scuv,on tonrght. so despite what I think the nghl answer IS, I thrnk from a
compromrsed standpo,nt 1h1s IS fair So that 1s hOw I wdl be comfortable supporting II
• Englewood City Co,,nc1I October 19, 2009 Pag e 27 Council Memoer Jeffer~on said I had sIm1la• emoto-0ns I guess as Council Member Moore I too . w,11 support lhe hours ,n the mot,on that we have in froni of us but I don t think ii represents a lf\Je long lerm solution and truly believe there ,s belier solullons out there Counc il Mem ber Wilson said I support the motio n and I agree I mean I th,nk that ,s somelh1ng that can be looked at ,n the future another park but I still think that there are people who would I don't know d that ,s the tota l answer for everyone I w,11 agree to put together a lask force to. you know see ,f that would be what
people wanted I do apprec1ate everyone coming forward I do appreciate I know this has been emotional 1t
has been a roller coaster but It was an agreement to come up w,lh the hours and so I th•nk this ,s a fatr
compromise f w1U vote yes for It. I do want 10 speak though too on s,gnage and enforcement and along vmh
that and poss,bty hnes strong fines
Mayor WOG(!v.ard said Wayne do you want to reserve. to be last or '
Council Member Oakley said to commen1? It doesn't make any d,tterence I feel that we had a llttle mo,e room
for comprorn,se on lhe hours but I see that I have no support for thal But I do think we have to comm,1
something to s,gnage and enforcement and I think bolh sides wouta agree to that
Mayor Woodwa rd said Randy?
Council Member Penn said I w,11 lal k, I hope that some way th,s meets some kind of medium for evef'/body
that's out there that has talked to us, that has given their hie every Monday night for the last few months I hope
•
thos meets some kind of compromise for you and w,11 satisfy you in some way The s,gnage ,s def,n,tely a mu st
I hope tha t we continue lo patrol ourselves. 10 take care of ourselves and make sure Iha! we do that I would
hke maybe. l;ke everybody else. possibly somelh1ng on the enforcement What we could do to step up
enlo,cement down there I truly beheve thdl fo, l<rnRed future parks thal that has to be something on the agenda
that w,11 take awhile to do. So. I am 90'"9 to vole fOf 11 Agam 1t os a compromlSe for me II os not exactly what I
woold like lo see bot I'm not the one who s setting all these and I won hve w~h ,t fo, awhole
Mayor WoodWard said Bob?
Coonc,1 : 1e nber McCashn said well I got shol down with the idea of fenc1119 the people tn lhe playground which
has •urned around 10 There was laughter Cou ncil Member Penn cause somebody wanting It now Council
Member McCasl,n sa id until somebody else wanled It now I believe It was Mr Hanna, who spoke today I
really like his idea You know , every ba ll held you play on the boundaries are marked I mean there are clear
d1stinc1 boundaries I think pe ople after, you know, where we are trying to re-educale the publlc I think after
educating the public. boundanes could be sel w,th , you know. like Mr Hanna said , wllh lines Thal ,s stnctly
enforceable You pass the hne , when you're ,n a ball field you know when a guy is out of bounds You see
lhe dog out of bounds. he Is out of bounds So. I llke the idea by Mr Hanna so you can pass that on But I am
truly ,n favOf of a compromose where we talked about for months Both sides have said a oomprom,se ,s
necess~ry and I am for 1t But I stilt hke the fence Idea around 11 There was laughter He said sorry And I m
not fenang the ~ids ,n
Mayor Wood\\ ard said I won vote atong w,th this I do have the same reservatJons thal ., sur,vner "'lOflths Iha! I
think Wayne does and that os thf: 6 pm because I do believe that os a high shetter period However. rt ,sn t every
day It 1s t,mes and I think we do have 10 provide to at least let people know that 6 pm Again Tav,s Idea was
a brand new one that 1s a barrier and puts the owners on nollCe whoch ,s a very simple Idea and I think ,t ,s great
as tar as a pa,nt line or a chalk llne I hope thal ,s something that we can look at without ,nterfenng with the T.
ball and alt that sort of thing as far as the lines. bu t I think that Is a good Idea and his board wh,ch ,s at Canine
• Corral too, I th,n k that 1s a 90<:d idea So, I will support this
Council Meriber Oa kley said and I would support Tav,s · idea 100 bul I got so hammered so ~ad on th e fence
d1dn t know wt•e lhe r to speak up or nol The•e was taughle r
Council Memb~r Wison sa.i I think ,t would aef1n1te,y be easy to enforce once you crossed lhe line
Englewood City Council October 19, 2009 Page 28 Council Member Jefferson said so I guess I've got to pose the question though. 11 everybody thinks lhal Is such a great idea why aren l we doing that? There was laughter and comments Mayor Woodward said please vote CouncJI Member Jefferson said I m SOtty so everybody 1s JUSt saying no, aN JOkong aside. thal that IS a solution because I don't knc,w, by enacting these hours, I mean, that's pretty, you know Mr Hanna's Idea is going by tt.e wayside
Mayor Woodward said Mr Hanna's idea Is not the reason that I'm going along with this I'm complomenbng hon
on what he said ton,ghl These hours Council Member Jefferson said ,t Is a better SOlubon In your mind than
Mr Hanna's. Council Member Wilson said on part of the public on the hearing.
Mayor Woodward said is having to do with the motion that came f01Ward and Mr Hanna's idea IS very
secondary too that
Council Member Jefferson said I JUSI want to cJanfy because I )usl heard a lot or. hey that was a great idea why
areni we do,ng that , and then we are go,ng lo vote on someth,ng totally separate and f thonk ~ Is going lo pass
I Jusl want to make sure that truly nobody up here IS voting yes on this, I'm sorry, nobody up here Is vohng on
this, you know, thinking this other idea is a better Idea without saying it, correct? I JUSI wanted lo make sure
Vot e res ults on original m otion as amend ed:
Mobon earned
Ayes. Counclf Members Penn, Mccaslin, MOO(e, Woodward , Jefferson,
Wilson, Oakley
Nays None
(ii) Mayor Woodward said I JUSI wanted to mention that we did have the celebration on
Saturday of the opening or our two bike/pedestrian bndges one at Oxford and one at Dartmouth It was a very
beauMul day and successful opemng We did have a lot of people come from the reg10n Arapahoe County and
the South Suburban Foundation, Llttlel011 and Shendan council people And Leigh Ann Hoffhines put on a very
nice event and did a very nice job of getting that all put together along with Parks and Recreatio n
(•1) Mayor Woodward said also Jerry Furman and Rick, I would hke to address the Flood
Middle School. We do not own Flood Middle Schoo! or the playground area . Thal Is a ques110n that needs lo go
lo the School District We have a Parks' Master Plan stuff, but Flood isn't part or 11. tr that belongs 10 the
Englewood School Distnct that ,s separate from Coty Council and us Plus there Is no parking there excepl for
the other side there of Ftood Tum1ng that whole thing into dog park, I think you would hear from Englewood
sports, youth sports, and probably some other groups
(,v) Mayor Woodward said Marty and Chns, thank you tor your comploments I found rt
offens,ve to be asked out in the comdor and to have rt Inferred by Mr Crabtree that that was a setup and that I
had asked them to come or had brought them here
(v) Mayor Woodward said I think with regard to Rock s quesllOOs with regard to the
Mclellan properly and the public notice RICI< has been talking about on the campa,gn trail, about how he
attends Study Sessions and Council meetings, al least that Is what I've been told He Is gone I have never
seen him auend one full meebn,, Council meebng or Study Session, bul If he would have allended the Sludy
Session last week, he would have known about Mclellan because 1t was announced last week al the Study
Sess10n I thought Frank gave us all the onforrnat,on we needed there and I was happy with that
(v1) Mayor Woodward said with regard to Matthew, the pavement and concreIe issue that
he Is talking about. this City Counetf did not accept lhal as a hard surface They sent It back In fact. I am "oc
aware of, I don'I think there 1s anybody on C ·nc,t thal beheves totally In pavement or conaele We are a I
looking al something different from gravel Ir , an1te So, he has got m1sInforrnalion !here Public TV, Iha! Is for
Comcast only The cost of lhal 1s not S300 the number that has been thrown arou nd plus franchise fees There
•
•
•
• Englewood City Council Octobor 19, 2009 Page 29 ,s a cos! for the equipment to IhaI and there ,s also a cost lo have a production person SIiting there ,ng the mov,es or mak,ng the 1~m of thal So ,-e are leav,ng out a certain pon,on of the people I IhInk we audios nghl now and will certainly continue to do a,,d,os If we could do onhne weamIng , that would be greaI '"I aga,n, I ••n't think this 1s lhe lime thal I'm 90,ng to go look 10 provide. you know. both Iransparency 10 , t Corneas, ~pie I Ih1nk transparency ,s a great word It has been one of lhe hol words of lhe year !he last couple or years I don t know anybody that Is aga,nsl transparency I lhink this Counat Is available lo anybody that would flke to contact us v,a lelephone email, whatever and our web site cena,nly has an kinds ol
1ntormatIon on it L,ne item budget I know there ,s some we are looking at a lme item budget Finance has
been seeing whal could be done on lhat There may be the poss1bH1ly . provided that I would not support
buying a brand new server or something like that to hold a hne item budget We don't need to know how many
lest tubes the WastewaIer Treatmenl Plant needs I wouldn't want lo second guess them on their Chem<Cals I
wouldn 't want lo second guess what Pub lic Works says the Rec Center needs as far as toilet paper, wh,ch I
menltoned at the forum I would sure hate to run out In December and not have any available So some of this
stuff I have found ,usl not to be true
(vu) Mayor Woodward said and In going back to Rick's lhtng, I hope Rick 901 his answers on
where the money came from No General Fund money was ubhzed for the Mclellan lease and the gradtng All
of the funds came from the sale. In heu of condemnation. ol the RTD parcel and ,ts revenue source ,s g,ganhc
for the City of Englewocld So I will leave It there and pass maybe lo John tonight
(b) < uncil Members· Choice
(1) Council Member Moore said well lo be honest Your Honor, lhe main comments that I
• wanted lo make tor 1ht were directed lo Mr Crabtree He's left He is not In here al the moment so if he
returns Mayor WOOdward said he has his mike here Counc~ Member Moore conhnu~ 1f he doesn'I return
before II lS over, I'll comment for !he tape Mayor WOcidWard responded okay
(11) Council Member Penn
1 He said you know we talk about businesses ll is really noce to have Arapahoe Credit Un,on come back
lo the c ,ty of Englewood. I th ink ,t Is outstanding and I lhmk their bu ilding Is absoluIely gorgeou s It was a great
grand opening and hopefully we can attracl more businesses lo the City of Eng lewood I think the way Iha! we
are working With businesses we can do 11
2 He said the Impact team will be a lremendous asset for the City for the nexl four or f,ve yeaIs Hopefully
we can conhnue ,t forever I congratulate lhe four genllemen lhal we picked and unfortunately I didn't get their
names n,ghl away Gary. please ten them congratulat10ns from all of us I'm sure City Manager Sears said
we'll do that l'R pass lhal on
3 He said Marty and Chris. you know I'm not running for campaign I JUSl enJoyed lhe,r compliments I'm
glad that they came WI and cornpl,menled the City Council II 11 wasn't a campaign ploy. please come back and
see me ,n two years
4 He sa,d Elaine. she left already. talking about Whal we do on p11vale property and I believe that when
we do O'Jr UDC Cclde. everything ,s grandfathered tn Unfortunately, I don't think most people understand that
and maybe we need lo be a hltle more clear on that Thal Is something lhal she was concerned with
5 He said 10 RICk and Mall, when you are sharpening your penol giving oul numbers. please include ''
of the numbers and don't come up with JUSl numbers that sails~· 1<JU And that ,s a l I have SIi
• Mayor Woodward said thank you Randy
(n1) CounCII Member McCaslin
He sa,d now thal M1 Crabtree ,s ,n the room, maybe I can I had one item th at he attacked me on a
coople ol weeks ago about myself gelling a team ol kids from the Englewood High School lo steal s,gns •
Englewood City Council October 19. 2009 Page 30 ,.ould Ike to .now v.nere that ,sand I would like 1ne accusa11ons really bolhered me When my characler 1s anacked Mr Crablree stood up 1n the audience aid began spea~,ng but II was not audible Cou/\C~ Member McCast,r· sa·d excuse me 1 h,s 1s not th,s 1s not sit down please Mr Crabtre.e responded lor one I never accused ,ou of Councd Member McCaS11n said you ~now whal I do not ~ke I because 1I was based on lies and I do no1 hke to be accused of that In no such way have I app,oached anyone to steal anyones s,gns When I ran 1\\0 years ago. I lost signs too But I did no, go around accusing my opponenis or anyone else So I Just wanted to clear the statement 1ha1 I had noth,ng to do with sign stealing and ,1 -.as b<Ought up So Iha! s all I wanted to say
2 He said thank you guys for com ing I apprec1ale the pos1t1ve I know thal you sat through a long and
lengthy Counc,f meetong but I app,ec,ale you sl,ck1ng 11 out Thank you so much
(,v) Council Member Moore
1 He said thank you Your Honor It was really funny hearing people talk about my retirement today and I
have to admit that II was the only !,me I heard that so I guess t better accept my age
2 He said first of an Mr G111111s not here and you guys have already men11oned 11, but his commenls
about not understand ing where the lease was com,ng lrom We announced 11 last Monday I believe II was 1n
the paper this week the Englewood Herald The lease was signed today We approved 11 lomght I don't know
what could be more open about the process
•
3 He said Mr Crabtree I'm gotng lo address you I generally make II a pol,cy not to You have a right to
speak You have bee n here nearly every session, 1f not every session. fo< the last two years We give you the •
respect to hsten lo your unique views The only time I personally I disagree with most of them , I generally will
only comment on them when you aoss the hne You pushed real dose with the publ,c heanng process tonight
You are enUUed lo your view but I wlll lell you as a Counc il Member. I rely hea-.ty on I am not an expert I am
not an attorney I don't do th,s as a fuU 11111e =eer I rely heavily on the adv,ce that I receive from staff and
from the attorney My unders1and1n9 or lhe pubhc hear, ng process. ,f nothing else out of the fairness to all of
those wno part,c,pate ,n 11, 1s that when we go to pu bt,c heanngs , everyone has the opportunity to hear what ,s 1n
the public hearing and we should be refra1n,ng lrom engag,ng ,n thal debale outside of the public hearv,g What
happened 1n the Study Session was not an attempt to st1lle the d1scuss10n 11 was question about process It
was my belief. to honor the pub l,c hearing process I wanted to make ::urn that we reslncled the comment to
what we had had 1n the public hearing Worse than lhat you have pat11c1pated actively in governmen1 I respeci
the fact that you are runrung fo< off,c;e I am amazed that you did nol extend that respect to the c,tizens here
ton ight tha t spoke You are a ca ndidate II they care to become involved 1I they feel that they need to come m
and get ,nvolved In the process and express the,r views . they are enl1tled to do that You should have respected
that out1et There 1s no reason to assert that they were pul up to 11 Even if they were lhey have '•ee choice
And so I hope in the future and I hope If you get on Council , you extend lhat openness to views to those that
may be on the other sldP. of you Sot apolOg•ze to l hose indMduals who did e,p,ess the11 op1mons tonight and
had their 1nvolvoment 1n the had their 1nvotvemen1 characterized 1n the manner that you did And that 1s 11
Thank you
(v) Counc1 l Member Oakley said that t would Just like to state to Mr Crabtree that I have
nevllf said anything one way or the other about what he has spol<en about bclo<e Councd But tomghl. t was
personally offended that he accused me and Jim ol staging some c111zens· cornmenls By doing this. he not only
degrades Jm and myself. but he degraded the ahzens th;I spoke That's all I have
(v1) Counc,I Member WIison
She said I would hke to sJ)<!ak lo the grandfathenng and to hope to make ttmt perfectly clear that wnen •
we do something people are grandfathered into Iha! process
2 She saod I wan:ed 10 a so speak that we have lhe aud10 which I look advantage of while I was since I
was bac~ from vacallon II was excellent I thought the quality l\ilS good I was ,ery 1mp<essed And 11 helped
n,e J ;: hcanng that and readir,g all lhe m,nutes a11d whol happened
• Englewood City Council October 19, 2009 Page 31 3 She said thank you to Marty , Chns and Miguel II ,s nice 10 have people come fooward and say they th111~ you are doong a good Job As on every aspect of hie people are ;iwck 10 crotocoze nol always Quock 10 tell you ll\al you are do,ng a good )Ob So than~ you 4 She said lhe Mclellan Reservoor I'm th rolled to death lhal we 901 that lease I lhonk th,s Is IusI going to be the begInnIng of a huge opportunoly for lhe City lo l>enef1I
5 She said congratufabons 10 the Impact T earn It's great that Ihey are on board Ive heard a lot abotJI ~
I was never here white we had lhem So I think 11 s great that we have them back and good JOb on getI1ng that
grant So thal's all that I have
(v■> Councd Member Jefferson
1 He said just wanted to comment 10 the folks who came and spoke tonight Claudia, from the Arapahoe
Credit Un,on rt os really noce to have them back In Englewood I wanted to thank her for her kond words and to
say ,t Is noce to have them back in town
2 He said I Iust wan ted to thank Chief Vandermee for bmging on the impact Ieam and introducing them to
us I wanted to personally thank Perry, Joel, Chad, Matt, for their previous service and for the future service that
they'I provide to the community f know that the community IS really excoted about the potential of having the
,mpact team back
• 3 He said l o Mr Hanna. thank you so much for coming down and prov1d1ng dotferenl solut,ons lo our
problem I think I would have actually preferred hos solutoon but I'm glad that we were at least able to come lo
some fonn of compromise tonight and put the ,ssue behind us
4 He said to Jerry, I wasn't rea ll y sure exacuy what h•s point . what h,s comments were geared toward the
road paInt1ng If he has a spec,foc area or address, where some things are awry , he can provide that to us and
we'H provide lhat to staff Not crazy abOut Flood as a dog park As the mayor menlJOned we don't own that
Purchasing that land would be net lhal great and Is net possible al th is tome I would love to see thal be a large
revenue generatmg property on the future
5 He sa,d I wanted to thank Marty, Chris, Miguel. and Robin for their kind words
6 He sa,d and to Rick , I generany agree w,th him, bul enforcement Is go,ng to be an issue with the new
polocy we enacted tonight Hopefully we answered lhe questions surrounding Mclellan I do believe 11 was a
laorly transparent process We were able to save on those brokerage expenses by having staff deal with the
contracting and what-not of the land So we were able to do that fauty effoc,ently
7 He said and )ust to h1ghhghI other comments on the grandfathering To Elaine, who brought that
forward, about her concerns There Is no such thong as a retI0-act,ve law The pohcics generally go forward
and only affect people Who weren't gomg to be grand lathered on because they did not have the use prior to the
law being passed
!Clerks note The following proposed 1esclu11on was listed on the Agenda as Item 12 (b) (1))
•
A RESOLUTION RECOMMENDING 10 THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO
THE ESTABLISHMENT OF A TEMPORARY SUSPE NSION OR MORATORIUM ON THE ENFORCEMENT OF
SELECT PROVISIONS OF THE ENGLEWOOD MUNICIPAL CODE 2000, THE SIGN CODE, PERTAINING TO
WALL MURALS FOR A PERIOD OF SIX MONTHS
Coty Altorney Brotzman sa ,d maybe I should clarofy I've actually recuesled the resolut,on rega1dong lhe
suspensoon of temporary moratorium be pu lled Counc,I Member Moore sa id be spec1f1c The temporari
Englewood City Council Octobe r 19, 2009 Page 32 moratonum on Coty Allorney Brotzman rPplled regardrnq murals That was on the agenda ton,ght Headed West has filed a petItIon for rehearing One of the reasons w~s to avoid the nsk of future attorney's fees from the firm that the ACLU hored Wllh the pebloon for reheanng that Is up In the air We may bnng this back at a future ddle but nghl now with the rehea ring pending , my recommendat10n Is too simply lo pull 11 Counci l Member Moore said thank you A RESOLUTION RECOMMENDING THE ESTABLISHMENT OF A TEMPORARY SU SPEN SION OR MORATORIUM ON THE ENFORCEMENT OF SELECT PROVISIONS OF THE ENGLEWOOD MUNICIPAL
SIGN CODE PERTAINING TO WALL MURALS FOR A PERIOD OF SIX MONTHS WAS PULLED.
13 City Manage r's Report
(a) C,ty Manager Sears said lhe only lhIng I had ,s I Just wanted 10 let Council know that we did
•
have an Australian group !hrs wol only take a second They were here from the Center for Amencan Studies
There Wl!le 16 to 20 people here last week They were tovnng San Franc,sco, Denver Englewood, Washington
D.C , to study sustainable development and transrt.oriented development and the feas1b1lrty of making that
happen This ,s about the 8" tour that we've had so far this year 1·11 try and get more informat,on out Again.
Englewood Is really targeted , has been written up in books Our transit-oriented development Is Just . .ii is
international and it ,s the one site that people feel they can go to, to take a look at how to make a ml~ed,use
development happen with transit We'll try and be more specific, but we have these groups probably about once
every, I don't know, every two or lhree or low weeks They've done that fo, the last three o, four years II rs
really uplifting lO ha,e such an interest on our City as an ,nlemational site wrth all kinds of reports t know that •
there IS a PBS documentary that will be coming ou1 I think in March about the transtt-onented develOpmenl Jim
and I were in terviewed for that aWh1le ago, but we'll keep Council posted on that And that's all I have this
evening
14 Ci ty Attorney's Report
Clly Attorney Brotzman did not have any further matters to bring before Council
15 Adjournment
MAYOR OODWARD MOVED TO ADJOU RN The meeting adJourned al 10 46 p m
1/ ,~ti.,-
•
Ye s, That 's a HEARSE
ca-,nabls Therapy lnstltutue • Medlcal cannabis (Marijuana) Research , Education a nd Advoca cy In Colorado ., . Clllnabis neranv 1111111118 Cannabis Education, Re:;earch and Advocacy Home I Advocacy I Policymakers I Patients I Caregive.rs Cannabis Business Directory I AJ-ys Buy Colorado Cannabis
Rrsearch I Legal Info. I Caregivers' Cup I News & Even ts
About Us I Donate I Links I Free Newsletter
Colorado Medical Cannabis Policy Group Announced
For immediate release: August 23, 2009
Rend !he open letter sent to a ll Colorado government officials
[Boulder, CO]•· The Cannabis Therapy Institute is dedicated to medicinal cannabis education,
research and advocacy. We are announcing the formation of the Medical Cannabis Policy Group
composed of the top experts in Colorado on the legal, medical and societal aspects of medicinal
cannabis. The Policy Group will de"-elop model policies and best practices guidel ines for medical
cannabis caregivers, dispensaries and collectives that can be used to clarify the current law.
These guidelines will value patient safety and privacy foremost, but also take into consideration
the concerns of the local community and law enforcecment. Our goal is to bring all interested
parties together so we can develop a mutual understanding of what it takes to be com pliant
under the law for patients and caregivers.
Ar~cle XVIII, Section 14 of the Colorado Constitution, Colorado's Medical Marijuana
Arnt:ndment, allows a patient to possess cannabis for medicinal needs. If the patient cannot
obtain the medicine for themselves, the Amendment allows them to have their primary
caregive, obtain or grow it for them .
http://www.cannablstherapylnstltute.com/news,'pollcygroup/medleal.cannabls.pollcy.,roup.announcementhtml
(olor, tun n ;_ ~cn,lt
I
10/24/2009
Cannabis Therapy lnstltutue -Medical Cannabis (Marijuana) Research , Education and Advocacy In Colo,ado To better serve the needs of the many patients who are now using cannabis a medicine, caregivers ha\' opened medicinal cannabis dispensaries. Unfortunately, Colorado' Mrdical M11riju11na Amendment docs not re• •ulatc carcgi\'crs in any way, lea,·ing a large gray area in till' la\\. For instance, matters related to proper tax collection, security, and disp n ing standarcl<. are not defined. In addition, federal law s till does not contain an exemption for medical cannabis, c reating further confusion about the la,,·. Ho,,e\'er, the Obama Administration has promised 1101 to enforce federal la\\ in tates that ha\'e medical cannabis laws, as long as the dispensaries arc following their s tate and local lows. For these reason , it is important to clarify the rights and duties of carcgi\'ers , so that th ~ mm be compliant• ,ith late and local law, and thereby be (hopefully) tolerated b) federal km enforcement.
We ha\'e ent an , to all Colorado go\'emment officials a king th em to pa rti ci pate 111
thi dbcussion . We look forward to opening a positive and producti\'e dialogue \\ith th e m . o "e
can mo\'e forward \\ith our mutual goa l of helping patients achie\'e afe access to medica l
cannabis 1,ithin the guidelin . of the Articl e Xv111, ection 14 oflhe Colorado Con stituti o n.\\'·
hope the go\' mment officia ls \\111 take advantage of this opportunity to clarify m edical cannnhi,
polic~· and protect safe acce for patients .
annabis Therapy Institute
P.O. Box 19084, Boulder , CO 80308
Phone : (641) 15-3900 ext . 70966
\.\'eb : """ ,·a11 11.ih i,1h,•r, ,, m,111ute .n11u
Email :
http://www.cannablstherapylnstltute.com/news/pollcygroup/m&dl, a 1.cannabl s.pollcy.group.announcement.html
cannab(• Therapy lnstttutue -Medical cannabis (Marijuana) R-rch, Education and Advocacy In Colorado cannabis TllerlPI llslllule Cannabis Education . Researoh and Advocacy Home I Advocacy I Policymakers I Patients I Caregi rs
Cannabi Business Directory I Always Buy Colorado Ca.nnab ·
Research I Legal Info. I Caregivers' Cup I News & Events
About U I Donate I Links I Free Newsletter
Medical Cannabis Policy Group
Medical Cannabis Business
Report Released
CLICK HERE TO READ REF'ORT
Encouraging tfu? Economic Development
qf Medi.cal Cannabia .Bu.sineaaea in Colorado
A Report by the Cannabis Tberal"Y Ins~ '"
For immediate reluse: Oct. 6 , 2009
[Boulder . CO] --The Cannabis Therapy institute has released a report titled, "Encoura in • th,
Eronnmic ~, clo ment of ~I i al a na is Busin • es in Colorado.• The report was writte n
h\tJr✓/wwN.cannablstherapy l nstttute.co mj ne-/pollcyCroup/lnde1t.html 10/24/2009
Cannabis Therapy lnstltutue -Medical Cannabis (Marijuana) Research , Education and Advocacy In Col , , •.. ., for policymakers that are cons idering regulations regarding medical cannabis businesses in their areas. The report includes a draft ordinance that communities can use as a framework for de"eloping their own regulations and policies. The institute release,! its report on Oct. 6 to th city councils of Durango, Lafayette, Longmont, Louis,;lle and Thornton, who will all d iscussed regulating medical cannabis businesses at their city council meetings that day. The report was written by the Medical cannabis Policy Group of the cannabis Therapy I nslitute ";th feedback from the medical cannabis community. The goal of the report is to encourage polic}makers to adopt regulations that protect patients and to allow the communities to ta '.<~ ad\'antage of the significant economic boom being caused by the medical cannabis industry. The report contain a draft ordinance that defines three different types of medical c.innabis businesses and what acthities they are allowed to engage in . Recognizing that there are smalle r
caregh·ers that do not ne d to be subject to additional regulations, it exempts primary caregi\'e n,
if th y only erve the needs of 6 or fewer patients. The draft ordinance gi\'es limited guidelines
into zoning and e urity issues . It also discusses patient rights and the need for proper po lice
training.
''I'm proud of the Cannabis Therapy lnstitute's efforts to educate and inform our local and tate
governmen ts about the legal medical cannabis business," says Jeff Gard, a Boulde r attorney w ho
ad,;sed th e group. "I h ope that the draft guidelines ,,;n help create a safe and welcome
environment for patients a nd their caregivers."
"Members of our group ha\'e been working on medical cannabis in Colorado s ince 1 2 \\' fell
it was important to hare our experience to help poliC}makers clarify the · u i.:rroundini;
medical cannabi busine , since this is such a new issue to them.· sa~ Loura Krih o. publi
relations coordinator of the Cannabis Therapy Institute ... We are encoura i ng local nna
advocates and busin to build nff these guidelines to form sensible reg u la ·ons for t h 1r
co mmun iti throu h ci ~ council o r the ballot in itiam-e p •
Dan R e . o f · o ne.· fth
Group the dra Ule\' can be th
d1 somethi n pt . te
states,,de. •
_ and this document ,,ii] help achi• , a co,.sistent
patients in Colorado,· sa)> Timothy Tipton , a
. '.\fountain Caregh·ers' Cooperati,e. a med ical
Cannabis Therapy lnstltutue -Medical Cannabis (Marijuana) Research, Edu ca1l on and Advocacy I n Colorado cannabis collecth·e of patients and caregivers. The CTI report is a living document, and the Cannabis Therap) I nstitute is acti,·ely purs uing feedback from cannabis businesses about the draft ordinance and the report. Please send all comments and sugges tions to: p111ht'l.;;..(!Hll~'!._!_ill_lll,,IH ht·1 itl!)Jl.!,~litut t• nun Older News from the Policy Group 9 /29/09 ~~: ~ledical Cannabjs Husines ses Call for Sl'll•Rl',ID1l.11iun 8/23/09 l'n·,, l(d,·.,-,•· ~l,·d1cal Can11al11, i'oJk.\ t,r!.!ll P .\11n!.1t1nn·d
Cannabis Therapy I nstitute
P.O. Box 19084, Boulder, CO 80308
Phone: (641) 7 15-3900 ext. 70966
\Yeh: www.c.i!n!!ahi,th e rap,;ns titut<•.t·o m
Email: !..!!.!!!__c.·,1nn~,1l,1..,ll1t•rap,·in_,U1_utl'.1't111
10/24/2009
cannabis Theraav lnstnute Canna6is 'Eaucation, 'Rese arcfi & Jl avo(tlC'!J
Encouraging the Economic Development
of Medical Cannabis Businesse :;
in Colorado
A Report by the ca nn abis Ther1pv i nstitute
Revised October 6, 2009
Table of Contents
1) Introductory Cover Letter
2) Report Sections
I. History of Cannabis Medicine
II. Terminology: Cannabis vs. Marijuana
Ill. Legal Background
IV. Medical Cannabis Economic Development
v. Draft: Ordinance: Medica ' ....annabis Business Regulation
Cannabis Therapy Institute
P.O. Box 1908'!, Boulder, CO 80308
Phone: (641 ) 715-3900 ext 70966
Web: www.c.annabistherapyinstitute.com
Email : info@cannabistl-erapyinstitute.com
cannabiS Therapv 1ns1nu1e Cannabis Therapy Institute Me dical Cannabis Policy Group Phone: (641) 715-3900 ext. 70966 Web: www.cannablstherapyinstltute.com Email: pohcygroup@cannabistherapylnstitute.com Cannabis Oc1. 6. 2011'1 Therapy Institute H «lkll CllnMbls llcar l'olic}lllJ~er
Polley Group
Laura Kriho
cannabis Therapy
lnswtt
,_,lauve
CannabosHealth
News
0-,~
High V~lley Healing
Ccnll!f
T1moltly lipllon
Rod<yHcuoin
(),egM!l's
Cooperative
H«I/QI C.nMbls
Polley Group
Adwsory Board
Jeffrey s. Gard
Attorney
John Innea-lkown
AttDmey
/\, }nu kn,m . 1hc n11111hcr and I) fl" or medica l cannabis hu,incssc, nn: rnpidli increasing in
Colorndo in rc,pon,c 111" ,1mng dcnrnnJ frorn medical rnnnabis pa1icn1s to have sal~. reliable
accc-ss 10 1hdr m,'<lidnc Muni rnm11111111tic, an: ,wning 111 develop n:gulations rci;arcling
medical cannaht, husmc,-c, I he alluch,,J n:pon. £1K·1111ra,:i11g tlH• f;.,.,.m,i,· /).•1 •i11p,,,~,., 11/
M.,Jit-a/ Cu111111h" /l11,111,•,11 •, m C'11/urr1d11, \\tL, \\Tillcn to i:ive b:1ckgruund and clru 111 1,, the
issue and to pnwiJc a lrumc"nr~ thnl cun he u,cd 111 rcgulutc and foster cannabis hus·uc:;s
dcvclopmcnl in) our cnnununtt)
Cannabis m,'<licinc i, Jn cn11,cl) nc" 111.Ju,try in lhe .t,llc and ,cprc-cnb a unique orr«• hll)
for local officinb 10 impro,c 1hctr economic, h) welcoming these husi11co;scs 10 1h ci r
comm, nilic, a11J cncnun111l11i; 1hcir ctfon< 111 provide sate. rca.>;(11111blc access 10 lcgul pa11 .:n1 ,.
Just as Colorado is al lhc forcrmnl ol dc,clupmg olhcr "green" 1cchnnlogics. \\C \\Ould like lr
sec the SlalC cmhrucc lh" new !ll'\.'CII CClllllHll) for 1hc hcnclil nfat: ;iti,cns.
When designing new polic,cs und rcgulu1iun,. ii i, crilicul 111 rcmcmhcr 1h01 lhi s ;, •• hcaltt, cure
issue. ancc1ing lhc lhc, 111'1hou-and, ut ,,., pcnplc who hu,c all hccn 4ualificd by 1hcir
ph}sicians and lhc S1n1c nf t 'olorado 10 11"' l':tnnJh1, a, m,'<licinc. /\ proac1ive publ ic hcahh
model can c1T,-c1i,cl) mlJr<'" prnhlcm, t-cr.1r,· I.,_.) uri-c. rmd communi1ic s c:in dc'Sign mc1hod•
for ,afc. lcgu l uccc,.,, 111 1m•d1c11l c11111rnh" "hilc ~cci1111~ 11,c puti,·111,· nc'CJS forcmosl.
The Cannabis I hcrJt>) l11-.t11u1c ,, '""'I'"""' 111 JIJl1l·111,, u trcghc" uml 11dvoca1cs in Color:•do's
mL'llical cunnabi, com111111111) ""'' \\Jttt 10 cu,urc lhJt ,Ill) rcgula1ion h'Cps 1hc pat icnls' he•
in1crcsts in minJ . Ou r n.•gulul11') fruouc,.,11~ "'" c11c••i1t1NC cunnuhi, husincsscs in your
cmn111uni1y by clurifyini; c~i,1ing rcp11l1111111" 1111111hc1ch) hclpin11 prnviJc legal pm1cc1ion f1 11
fodcrnl law. l'hcrc an, ...::,cml d11Tcrc111 '"l"11111111111nal 11111dcl, th111 curcllivcrs an, currently u,ing
lo provide mcdidnc to lhctr ru11cn1'. und '"""' 111 1h,·111 urc cum,111) defined in Colorado la\\.
Our goal is 10 dc,clop cnn1on111I) aero" the ,1111c h) "1111111g up 1111h u consis1cn1 moocl 10
irnplcmc,,· >\n,d c XV III . Scc1i,m f.l 111 the l 11Ji,111d11 t mhll t111i11n 1111d cn,urc pa1icn1s have snrc,
consislcnl a<.,~" 10 qualily , ulforduhl,• 111cJ1111 k
lnis rcpon i• :1 living document l'k,,,... ,·111,11I 1111 11M11 kc1 ll>,1< ~ '"1 11 It•
policygrouJl(u1cannabi,1hn:up) in,1111111· u1111
Sincc,cl),
M,•dicul C ·,1111111hi., rali,:v ( iron1p
C'unnubis l hcrupy lns1i1111c
cannabis Therapy Institute Encouraging the Economic Development of Medical Cannabis Businesses
in Colorado
A report by the cannabi s Therapy I nstitute
I. History of Cann abis Medicine
Cannabis has bee, used as medicine by humans sa fcly for over I 0.000 years wllh not one death from
an uve1dosc. It was one of the most widel y-p rescribed medicines in the late I KIJO's :ind early 19()()'•
until it was made illegal in 1937. his an cm:cthe treatment for nau5Ca. muscle spasms. glaucoma.
sei,ures, severe chronic pain and many more condi tions. There is no other m1.-dicine that 1rcn1s so mun)
conditions as effectively with so few negative side eITcc1s.
Cannabis was ou tlawed in 1937 due 10 interests in the phnnnuccuticnl . pctmchcmical nnd timber
companic,; who sa" cannabis and hemp as compcLiLion. Cannabis \\US a medi cine that people could
grow in their backyards and that euuldn't be patented. so rhannaceutical companies couldn't profit
from iL In addit ion. non-psychoactive cannabis (i ndustrial hemp ) wns seen a., u threat to petrochemical
and timber indus1ri1.-s b<-cnuse it has so many commercial use, including. plastics. fuel. and paper. In
Lhc I 920's, hemp \\US becoming the basis for a nc" fam1-bascd i::rccn l-ctinomy. l lc nry 1-"ord even built
one of his first cnr.i out o f hemp.
II. Termin ology: Cann abis vs. Mariju ana
Inc Lenn "marijuana" is a racist tcnn invented in the 1"20's "RL-cfcr Madness" propa11Jnda c:impaign
to outlaw cannabi, and hemp. Inc cnrnpaign was dcsign1.-d to mnkc the publ ic be lieve that cannabis
was a "new drug" being us..'tl by Mexicans who were coming across the border to rape white "'omen .
Cannahi.• i~ the name of the genus of the plant. which include, Cannultis salll'u. ( unn,.hi.• intlic" und
other species and stmin s. C"ann ahis is the proper tcnn for the medicine and is how 1hc medicine'"'-'
listed in the U.S. pharmacupcia from 1870 10 1941 . Since most la"'s regarding cannabis were wri11cn
after 1937. they use the word "marijuana" or "marihuana". We cncoumge everyone to use the proper
term "cannabi s" whenever possib le 10 show scnsitivit) 10 1h c use of racist. offensive words,
Ill. Lcf!al Bac kgroun d \nick XVI II. Sect inn 14 of the ('olnmdu l 'un,1i1u11on (('11lmmk1·, \kdical Marijuan:1 \mcnJmcnt ) \\a., udnpt,-d h) ,111cr, ,n 21)00 tn allm, Jl'tltcnt, "1th ccnain dch1ltt:1ti11!! medical cnnd i111111s 10 ll'l' cannahi, a, medicine . I he l\lkdtcal \1urijuana Anwndment prm id,·, an c~e111p1ion lrom ,talc la" for paticn1' if they cult1vatc up tn {1 plant, ,,r po,,cs, up to 2 ounce, of cannahi ;, medicine. I or amount, greater than this. the Amendment allow, a p;tticnt 111 present an :1flirmntivc defense in crnin that these amount, \\Crc medicall) n,'\.-C\'8'). lfa patient cannot uhta,n the medicine for them,che,. the Amendment nllm" patient, 111 appu11u a "primal) carcgi,cr" h> uhtain or cu lt iv:llc the me-die inc 1<1r them Mo,1 paticnll, cannot pm,idc their own m,-dicinc. Olien. their 1l1ne,sc, mal.c ,·,en the most rnmmon d:111) ta,,k, ,cry diflicuh. Cannah,,
cultivat ion is expensive. timc -con,uming. nnd rc4uirc, cxpcn knowledge th,11 mo,1 patient, don"t have.
So patients must rely on carcghcrs to pmv1Jc them" ith m,-dicinc.
In July. the Colorado Board nfl lcahh and I n,imnmcnt durifk-d the i\\UC by adoplmg rub wi ... h
state thnt a corcgivcr's "significunt rcsp<rnsihilit)" could mean ~imply providing a patic-· ~. r, .,r.
marijuana. Since that C:t-cision. many husinc,-.c< und collL-ct,._, ~ ., •• \tant-d 111 ,er,, , ''·"'· "the
growing number nf legul patients in ('olorudo. I he issue for communities should nut bl • .,. •· ·,tail
this :ictivity. but rather™'" to capitali,c on thi, nc" t-conom,c boom to benefit thctr pat,.:: \\rll a,
their community.
In adopting policies und rcgulu1tons conccming medical cannabi s bu~incsscs, it i, ininonunt to
remember that medical cannabis is a Constitutional right for Colorado citi,.cns. the '-llllC a.s f!'l."\.-dom nf
speech. freedom of religion and frc1.-dom of elections. Policymakers have a duty to uphold the
Constitution and ensure that citiJCns can exercise their Consti tutional right in a safe manner.
Fcdenil La,.
Medical cannabis is not protc-cted under federal luw. However. the Ohuma administrat ion's new policy
on medical cannabis say, that the feJcral government will nol enforce federal law in states "ith
medical marijuana laws, u., /mix as metlica/ ca11n11his h1.vi11e1·.1·c., arr mmplying wi//, u/1 .lltlle um/ loce1/
law.r. lnat is one reason why it is urgent to clarify state and local laws: so that cannabi~•rclated
businesses can be assured that they will not be targeted hy fcdcrJI law cnfnrccmcnt .
IV . Medical Cannabis Economi c Development
Medical cannabi~ car l')!i 'fr bus incs.•l'll benefit local bus in esses
A 2006 Rcpon by Americans for Sofo Accc,,s (/\Si\) in California' sho"cd that mc-dical cannabi,
businesses arc typically positive add itions to the neighborhoods in which they locotc. bringing
additional cu,tomcrs to neighboring busincs.<"I and n....Jucing c-rimc in the immediate a!'l.-a. l.il.c an)
new businc:,s that serves u different customer ha;,c than the existing husincsscs in the arcu. medical
cannabis bu.sines.scs incrcusc the revenue or other husinc.•,scs in the surrounding area simpl) bc-cau,c
new people arc coming to access scrvict-s. increasing r.101 trnOic pa,1 other cstablii,hmcnt,. In many
communities. the up. 1ing of a medical cannabis husincss ha;, helped rcvitali,.c an area.
11Wrd1rul ("un.nubu f)upen."l1nx ("1,ll,'fllw, unJ /,01 ul Rr)!Uldlu,n, Amrnca,~ (or ,arc ACCC"SS. ~ 2006
hup ·f ,.W"-' :arnc:ncam:fors.a(c~ nrg.ldo~nloac.bt'J1.sptnW1e,, pdl
Medical cannabis care~ivt•r husi ncs.~l'S tlet·rcasc crime The /\SJ\ Reporl also sh,mcd 1h:u medica l ea 1111ahi , hnsincsses in 1hc ndghh,.rhuod Ul.lt:J •ly lend'° decrease niml.!. not inc.-rcasc it. Wi1hout medical cunnah is businr,,;;cs. pmirm"( mwa oh1:,,·1 !hc·i, medicine on lhe hlack markcl. "hich h"1d, IO an increase in crimina l ar"vi•y and end ., 1gcr, lhc ,afc1y of lhc pa1icm . Wi1h rcgula1cd med ical cannahis husincsscs. pa1icn1, obi. , 1hei r medi cine from a known caregiver and can have safe access 10 !heir medicine. Sm.-cl sales a,1J ,,ssociaied crime decrease. Medical cannabis businesses also decrc,•,c nimc in the areas in which 1hry ·ire localed beca use oflhc sccur i1y and surveillance measures emploi c.J by lhc bnsincs.~es and because pa1 i,·nt.s and operators arc vigilant und repon any criminal ar1ivi1y lo the police . Medical ca nn ahis is good for the eco nomy Cannabis is the basis of the nriginal "green" economy. Medical cannabis hnsin.:,scs can revitalize ll)cal
L-conomics by providing green jobs. bringing more cus1omers to local businesses, and increasing sales
1ax revenue. The best way for a community 10 henefi1 from legal medical cannabis is lo encour-Jgc
medical cnnnabis businesses to develop and expand in the areas. There is a large demand in all
Colorado communities for cannabis as a safe ahema1ive 10 dangerous an-1 a,'diclivc artificial drugs.
Local governments should find a way to capitali1.e on the demand 10 impn.M their local economics.
Special medical cannabis districts or research parks arc one way 10 cncourag~ ''canoabusines.~s" lo
develop in your area.
V. Draft Ordinance: Medical Cannabis Bu siness Regui 1tion
Article XVIII § 14 of the Co lorado Consti1ution (Colorado's Medical Marijuana Amendment) needs lo
be clarified lo answer community concerns and lo help ensure 1ha1 medica l cannabis businesses will be
protected from federa l law enforcement, The below draft ordinance is intended lo provide a framework
around which communities can regulate medical cannabis businesses while at the same time fostering
the economic developmcn1 of the medical cannabis industry and protecting patients' safe access lo
med icine.
S«tion I. Short title. This ordinance shall be known as 1hc Medica l Cannabis Business Regulation
(l 1 •111nc1.·.
St-c tion 2. Purpose.,
(I) 'I he purpose of this ordinance is lo implement Anicle XVIII, Section 14 of the Colorado
Constitution. known as the Colorado's Medical Marijuana Amendment. and lo rep s late anti cnecaragc
the opcra1ion of facilities lawfully ust-d for the acquisition. cultivation. posscssio .. , munufacturc.
production. sa le, distribu1ion, dispen sing, stomgc or tmnspona1ion of medical cannabis and med ical
cannabis herbal remedies. This ordinance is intcndc'd :
(a ) To help ensure that legal patients who arc residents of1hc C'ity of ________ can
obtain and use legal cannabis therapies and services for mc<lical purp()ses.
(b) To help ensure that legal patients and their primary carcgiwr.. who engage in the legal
acquisition . cultivation. possession. manufacture. production , sale, dis1ribution. dispensing.
storage or tmnsponation of medical cannabis so lely for the legal patient's medical treatment arc
nol subject to criminal prosecution or sanction.
(c) To adopt regulations that treat cannabis as a lega l herbal medicine.
(d) To permit the safe and affordable distribution of medical cannabis lo legal patients.
(c) l'o protect citizens from the adverse impacts of irresponsible medical cannabis di~1ribu1ion.
storage and use pmcticcs.
~,-c1i11n .l. l)elinilio n, t I l "Ca nnahi, .. ,tu,11 h;.1,,· lhl.' "11111.' meaning a, lhl.' Jctin111nn of "m.LrthtMn,1" ur ·m:1r11u:ma .. pm, 1J"-d h) C"11lor:1J1, Kc>l',cd \1:11u1c IR-IN-!02 ( IX). h1111f1h.11 d<1in111nn i, .11nc11dc,I h) ,1.01,· IJ\\ m 1hc luturc. a, Jmcnded . t"urrcnll). lhe ddi11iti11n 1,. "~tunlnmna" 11r ·•111arij11unu" mean, all pan, 111" the plunt ca11n.1hi, ,mivu I . "hcthcr growing or not . the ,ccd, thereof. the rc,in ,·,tr:tctcd fr11m an) pan 111 the plant. JJ1d every compound . manufocturc . ..:1lt. deravmi,e. mi,iure. nr prep.1m1i1111 ,fthc plant. 11' seed,. or 11, re,in It doc, not include r,hct pmduceJ front the ,talk-.. oil or ,al •iade from 1he M:cd, ot the plant. nr ,tcr1h1cd ~•,,d or the planl ,..,h,ch "mcapahlc or germinauon ,. •·se ucms exist ap.,n fr,lm 311) ,,thcr 11cm Jdin,-d n, "marihu311a• in lh" ,u~·1ion ( 18). "MarihuJna" Joe, 1101 include marihuanJ conecnlmtc a., dcl1nc-d in subs..'Ction ( I</) 1111hi, ..._,.,..tion (2) "Medical cannabis carci:ivc r service bu si nrss" means any busmcss cnli t) lhnt 1, owned and
opc mtcd I>) one or more primary caregivers. inc luding employees. with the purp<tsc of providing
medi cal cannobis services to legal palicnts.
(3) "Medical t'11n nabl1 dispensary " means any hu,inc~• cnlit) engaged in retail ... tc, or m,-dical
cannabis herbal producls thot ,s owned and opcro1,-J h~ one or more primary caregivers. includin~
employees. with the purpose of providing medical cannabis products to lcgnl pa1icn1s .
(4) "Medical cann1b i,i rolltttivr" means any colkction of2 or more person, comprised exclusively
and entire!)' of lega l palients and lhc primary cnrcgivers or1hosc pa1icn1S. including employee,,. the
purpose of which is 10 provide cduca lion. rcforral. or networking services 10 p,11 icn1s. and to fa cilitate
nr assist patients in acquiring lhcir medicine, including. hut nol limitcd to. 1hc cuhivmion. manufacture .
production. sale, dis1rib u1ion. dispensing. storage or 1ronsponmion or medical cannabi s herbal prnducLs
for medical use by legol pa1icnts.
(:>I "Medical cannabis hr rbttl product" mean, cannabis and every compound. m:111ufoc1urc. sa lt .
dcrivoti,c. miAturc. or prcparation of cannabis. iis set,-ds. or ils resin manufocturL-d solely ror the
medical use of legal Colorado palien ts. It docs nol include the sialks or oil or cake made from lhc st.-cds
of the plan~ or stcrili,.cd seed of the planl which,, mcnpahlc ofgcnnino1io11 .
(fi) "l'aticnt" shull have 1hc same meaning as the ddini1i11n provided in Article XVIII § 14 or the
( 't1lorndo C'on,1i 1u1 ion or by nny rules promul1,t:11cJ hy lhc Colorado lloanl of I lcnhh and Environment.
171 "Primary carqtinr" shall have the s:imc meaning as the definition provi<k.-d in Aniclc XV III§ 14
111 the ColurJdo C'on,;iitution or by any rules promul1,ta1ed b) the Colorado lloard or 1 lcalth and
1.n, 1nmml'Ot
St-ct ion 4. Exe mptio n~ frnm ordin1ncr
(I) An y patient who cultivntcs or manufoclurcs cannuhis for his or her own pcrsonul medical use is
exempt from lhc rc4uircmcn1s or th is ordinance.
(2) RccogniLing 1ha1 thcrc arc ~ma iler caregivers 1h111 do nm need 10 Ix: ~uhj,"t:I to aJui1 ional
r~gula1iuns. primary curcgivcrs who an: scrvmg 1hc 111.-cd~ or 6 or fc,..cr p.t1icn1s arc cxcmpl from 1hc
n:quircmcnts or this ordinance.
'"'t'linn ~-\llo~cll pratti ct, \II J'Hlll'll1'. pramaf) lJH.·~1H·~. nn:<l1,.1l -..1nnah,, -.-.irq!IH"r ,cnKc t,u,rnc,"-''· m..:-,111 •• 11 l,mn,th" , ,,ll1..•i.:t1\1,.•, ,111J m1..·J1t:JI cnm.1tt1, ,1,,,.,._.n ,1ric, m.1~ cn~••~l' m lhl.-,ll'lt11'1111i11. 1. uh1,.111tt11 , 1"''""'"1,-.,. m.11111f.1ll11rc. rrodta.:11vn. -..al1.·. J1,1nhu11un J1,('M.'n..,1ni;. ,h,rJ!-!,C ur lrJn,fM,•n.1111~ ul 1111.-J1 .... 1t -.-.11111,1h1, h,•rhal pmJull, for 111,·JirJI ""' h, leg.,! l .. tnr.uln pJ11e111, ·" P'"' ,d,·J 111 \ni,k '\\ 111 ~ H ,,1 1h,· ( t1l11r.1do l othlttution. ~l1clion 6. \l l•dic11I c;1nn11his r-;tn.,-:h'l'r ,tn·kt• lms in ~..,; de~a.·ription 111 ~kJ1c:1I cannab i, 1.·an·g.ivcr ,en ice hu ... in'-'''"'' pmvidl' ,crv ic ... ·~ to p:11ic111,. prin111r~ c:ircgi , l'r,. 1111..·,lic.:al l..':mnahi, cnlkc 1h .. ·, or mcllii:al carmahi, ,li.,.pcn-..1ric,. I he'\\.· ,er, ice, 111l:lt11Jc. hut :ire nol limitct.i to . con..,ult:Hion unJ m.:<licutcJ fooJ preparation. ( 2) Med it JI "'"nabi~ carcgi\'Cr service, Illa) nul 1,-, ,uhjc.:1 10 sale, ia,. hul all income mu,1 he
rcj'l<>rted pmpcrl~ o n stale and 1;.•,krnl income"" return,
( 11 \lcdical cannabis caregi,cr sen 1cc hu,,n,,".., mu,1 oh1ain a S1:11c nf ( 'nlurndu hu,inc" license.
Section 7. Medical cannabi.< di>pus•I') d rsuiption
(I> A m,·thcal cannabis di,pcn..al) m,1\1 obtain J S1a1c uft'olorndo bo,inc" hccn-.c .md oh1ain JII
opplit11hlc sales IJL\ pcnni1,.
(2) A mc-di,al cannabis dispcn"'11) mu,1 pa) all required \!ale and local 1a,c, un :1ll 1rnn-.ac1111n,.
unless !he business is a 1a,..:,cmp1 nnn-prolil uri;ani1.a1inn .
Sec tion II. Medit•I cannabis cnlleclive -dcsc riplion
(I) l'hc Ci1y nl' rccngni,es 1ha1 some legal paiicni,; may 11111 he ahk lo undertake
all 1hc physical ac1ivi1 ics neccss;iry 10 cu ll iv:11,· cannabis fo r personal meJirul u,c. Acrnrdingly.
this S<.'Clion rccogni1.es tha1 legal p:nienls and 1h.:ir primary caregivers may join 1,1ge1hcr 10 fonn
rm•dicul cnnnahis collc.:1ivc, for 1hc purpose nf cuhiva1ing and manufoc1uring rncdrral runnahis
:ind pooling their resources ,olcly fur 1hc personal medical use of1hc members.
(21 Mcrr.hcr.hip in a medical cannabis collective mu,1 be n:s1ric1cd lo legal palii.'111, and their primary
can:gi,cr;. 11,mcvcr. the m<.-dical cannubi, culkclivc ma) hire cmplo)CCS 1>ho arc nnn -pallcnl\ In
focili131c the business of1h.: colkc1i,c
(3) Medical cannabis colk-clivcs and each mcmlll.'1° !hereof. shall not :.ell. hartcr. gl\c U"ll). ur
nlhcf\\lSC dislrihu1c cannahis 111 non-member< of lhc m,-dical cannahi, colkctiw
Section 9. l'ermitted zoning districts
( 11 Medical cannabis dispensaries shull he ulhmcll ,n any retail, commercial. industrial. or agricuhural
1.oning Jis1ric1.
(2 > Medical can nabis primary caregiver:<. rncdicu l rannahis rarcgivcr service hus inc,-..:,. und med ical
cannuhi, rnlk-c1ivcs 1ha1 dll nul ,ell rciatl rmd11c1, ,hull he alluwe,I in any toninl' dis1ric1.
Sl'('tiun 11 . Spttial requirements
MctJical cunnnhC-. primary \'.an:givc"· nwt.hc:d cann,1hi, can:givcr ...en. 1cc hu,in..:'-"-"· mcJu.:a1 cannabi,
coll,-c1i,c, und medical cannahi, di,pc1hari,-s ,hall
11) Ile ,uhjcc1 tu lhc same sign cod<.'< a., other h1"incs..._-. in lhe "1mc toning dl'lnct
12) l'r"' id,.• uJe4ua1c ,,,curuy on the prcm1-.c, In cn,,irc puticnl safcl)
I l> l'rO\ 1\k handicapped access as n.-quin.'tl hy fodcrnl la"·
Scc lion 12. l'•lic nl ri~hls '-ln rx·rson ,hall J1,crimina1c ag11in,1 :1 pa11e111 111,111} ":0) for I heir 111eJ1c:o l II'<" ,,1 cannahos . I hi, inc ludcs. llut i, not hm111:d 10, discriminut,on it• trL·a, of cmrlo~mcnt and drng 1cs1lng. hculth in,urancl.'. "'ocinl ~cn,ic~·,. rmlha ti on. lin:mciul ~uu. ,ctcran':,. l"H.:nctit!->. or hou"ing, program!\. Section 13. l'olic~ proct'd ures •nd lniinin~ I 11 \\ i1hin ,i, mon1h, of1hc dale 1ha11hi, charier hccom<" dT1.-c1i,e .1hc tr:uning ma1crial, handt>,,ol,. and prin11.-.J procedure, or the Police llcranmcn1 ,hall he updatetl u, rcOcc1 ,1, prnvi,ions I h<...c updated ma1crials ,hall he made availahlc in ix•licc officers in lbc rcgular cour><· of their 1rninini: and service (2) Medical cannahi,-rela1cd uclivitics ,hall he the IO\\CSI possibk priurily of1hc Police Ocpanmcnl .
(3) P2ticnts, primary caregivers. and mcd1cul cannahi s collcc1ivcs. dbpcnsarie,. or service busin cssc,
1hm come inlO cnniact wilh law cnforccmcnl will nol be ci lcd or arrcs1cd and medical cannahis
herbal products in their possession will nol be sci1cd if lhcy arc in compli un cc with !he provision,
of th is ordinance.
(4) PaticnlS. primari caregivers. and m1.'llical cannabis collcc1iv<o;.. d"pcn"3rics. and service hosincs-.-.
" ho come into contact with law enforcement and canno1 establish or dcmor,;trnte their legal ,tatus.
but arc olhc'"isc on compliance with the provisions of th is ordinance. will not be citc-d or arrc..tcd
and medical cannal>is herbal products in their possession will not be scit.L-d ir:
(a) bas..'<! on the activ ity and circum ,tanccs. the officer dctcm1ine s that there i, nu evidence nf
criminal activity;
(h) the claim to be a lcg:11 patient. primary curcgivcr. med ical cannahis collective. medi cal
cannabis dispensary. or medi ca l rannah i~ service busincs.«.-,. is c«-dihle; or
(c) proof of status as ' •4JI pat ient. primary carcgivcr. medical cannabis collective. medical
cannabis dispcn.sary or medical eannubis serv ice husi111-...._scs con he pro, idcd to the Police
Department "ithin 1k:t.'C bo,.,ne~ day, of the date of conlact ,voth law enforcement.
(51 A legal patient. rrimary c~, ;;iver. medical cannabis collec tive. medical cannabis dispensary. or
medical cannahi, service husin1.-ss muy tmnspon mt-dical eannJhis within the Cit) of
A patient or rrimary caregi ver may not be charg<-d with OUI baS<.-d solely on the pr<-scncc of
medical cannabis in the motor vehicle. if the p11ticn1 or primary caregiver did not al so presen t
sufficienl evidence of impairmen1 m the time nf arrest.
(6) A legal patient. primary caregiver, mL-dicul cunnahis collective. medical cannabis dispensary. or
mc-dical cannabis service businc~s may po-;_,;c.'i!> medical equipmcnl or paraphernalia used ltl
smoke. vapori,c or otherwise consume cannabis for m;:dical use only b) legal patients.
•cannabis TlleraDV lnstlhlte Cannabis Therapy Institute Hedical cannabis Policy Group P.O. Box 19084, Boulder, CO 80308 Phone: (641) 715·3900 ext. 70966 Web: www.c.annabistherapyinstitute.com Email: policygroup@c.annabistherapyinstitute.com DRAFT: Colorado Medical cannabis Patient and caregiver Protection Act Note: 111/s bill was written by the en Medic.JI c:antldbis Policy Group and Is not an offlaal bill of the State or
Colorado. It is a suggest,on and all comments and suggestions from an~ are ~-
Send all comments to: policygroup@cannabistherapyinstitute.com
Uplated: Oct. 31, 2009
A Bill for an Act
2 Be it enacted the General Assembly of the State of Colorado:
3 XX-XX-101. S bort t itlt.. This article shell be known and may be cited as the "Medical Cannabis
4 Patient and Caregiver Protection Act."
S XX-XX-102. P•rpo9CS
6 (I) The purpose of this art icle is to implement Anicle XV III , Section 14 of the Colorado Constilulion,
7 known os the Colorado's Medical Marijuana Amendment, and to regulate and encourage the operation
8 orracilitics lawfully used for the acquisition, cult ivation, possession. manufacture , production. sale,
9 distribution, dispensing, storage or transponation of medical can nabis and medical cannabis herbal
10 remedies. This article is intended:
11 (a) To pennit the safe and etTordablc distribution of medical cannabis to lega l patients.
12 (b) To help ensure that legal patients and their primary caregivers who engaj!C in the legal
13 acquisition, cultivation, possession, manufocture. production, sale, distribution. dispensing.
14 storage or transponalion of n.edical cannabis solely for the legal patient's mr.dical treatment ore
IS not subject to criminal prosttution. sanaion or discrimination.
DRAFT: Colorado Medical cannabis Patient and caregiver Protection Act Send all comments to: pollcygroup@cannabistherapylnstitute.com 16 (c) To pro1ec1 patients rrom 1hc advcr><: impacl> ofim.-spon siblc medical cannabis distribution. 17 storage and use prntl ices. 18 XX -XX-103. Delinllions 19 (I) "Can nabis" shall have the same meaning a.~ the definition of "mru-ihuana" ,:,r "marijuana• as set
20 fonh on Colorado Revised S1J11u1c 18-18-102 (18). bul if that definit ion is amended by SIBie law in the
21 rutun:. as amended. Currentl y. the defini1ion is : "Ma rihuana • or "marijuana" means all pons or the
22 plant cannabis saliva L ., whether growing or not, the seeds thereof. the resin exlraClcd from any part of
23 the plant, and every compound, manuracture. sail. deriva1ivc. mix1urc, or preparation of the plant, its
24 seeds, or iis resin. 11 does~~• inc lude fiber produci.-d From !he SUllks, oil or cake made from !he seeds
25 of the plant, or sterili1.cd seed of the plant whic h is incapable of germination if these items exist apart
26 from any olhcr item defined as "marihuana• in this orubsectioo ( 18). "Marihuana• does not inclode
27 marihuana concentrat~ ,s defined in subscc1ion (19) of this section.
28 (3) "Mcdkal cannabis caregiver business" means an} nosiness entity, including employees, engaged
19 in retail sales of medical cannabis herbal prod ucts that is owned and operated by one or m~rc primary
30 caregivers with the purpose of pro viding medical cannabis products and other services lo legal
3 1 patients.
32 (4) "Medical ca ■nabi, collective" means any collcclion of2 or more persons comprised exclusively
33 and entirely oflegal patlcnts and the primary caregivers of those patients. including employees. with
34 !he purpose lo provide education, rcforral, or nelwood ng services 10 paticols. and 10 facilitale or assis1
35 patient~ in acquiring their med icine, including. but nol limilL-d to, the cuhivalion, manufacture,
36 production, sale, distribulion. dispensing. storage or 1ranspo11a1ion of medical cannabis hetbal products
37 for medical use by legal patients.
Cannabis Thcnpy lml,IUI< 0ml Ila!-• l'lj!< 2
'DRAFT . Colorado Medical Cannabis Patient and Caregiver Protection Act Send all comments to: policygroup@cannabistherapyinstitute.com 38 (5) "Med ital unnabis ht rhal producl" means cannabis and every compound . manufac1urc. sah. 39 dcrivalivc. mixture. or preparation of cnnnabis. its seeds. or its resin manufactured solely for 1he 40 medical use of legal Colorado pa1ien1s. II does nol include the stalks or roo1s or oil or cake made from 41 !he seeds of !he plant. or stcrili1.cd seed oflhe plan! w',ich is incapable of gcrmioa1ion.
42 (6) "Patie nl" shall have the same mea ning as the dcfinilion provid1.-d in Article XVIII § 14 of the
43 Colorado Con,1itu1ion or by any rules promulgated by lhe Colorado Board or I leallh aod Environment
44 (7) "Primary caregi>er" shall have the same meaning as lhe definition provided in Article XVII I § 14
45 or lhc Colorado Conslilution or by any rules promulgated by !he Colorado Board or Health and
46 Environment.
47 XX-XX-104. En111ptio■s from article
48 (I ) Any patient who cultivates or manufactures cannabis for his or her own personal medical use is
49 exempt from !he requirements of this article.
SO (2) Recogn izing that there arc smaller caregivers !hat do not need to be subject lo additional
5 I regulations. primary caregivers who arc serving th e needs of ___ or fewer patients arc exempt
52 from the requirements of !his article.
53 XX-XX-105. Medical caanab ill carq:ivtr service b11,iness -description
54 (I) A medical rannabis can:giver service business must obtain a Stale of Colorado business license and
55 obtain all applicable sales tax permits.
56 (2) A medical f4nnabis carcgiver service business mus! pay all rt-quired state and local taxes on all
57 Lransactions. unless the business is a tax-exempt non-profit organi1,111ion .
58 (3) A med ical cannabis business ,nust provide other services 10 their patients besides solely a<.,.J isition
59 of medicinal cannabis. These services can include. but an: not limited to, doctor referral. lhcrapy
60 consultati on, 1ranspona1ion arrangements, and other ahemativc therapies.
C'111nobis fhenpy lnshlulc Dnft Bill .. Page 3
· DIU FT: Colorado Medical cannabis Patient and caregiver Protection Act Send all comments to: policygroup@cannabtstherapyinstitute.com 61 XX -XX-106. Med icli l c■on1 his co llective-description 62 (I) The Slate of Colorado recogni,,es that some legal patients may not he oblc 10 undcnakc all the 63 physical activities necessary to cultivate cannabis for pcrsonnl medical use. Accordin~ly. this 64 section rccogni,.cs that legol patients and their primary caregivers may join together to form
6S medical cannabis collectives for the purpose of cult ivating and manufacturing medical cannabis
66 and pooling their resources solely for the personal medical use of the members .
67 (2) Membership in a medical cannabis collective must be restricted to legal patients and their primary
68 caregivers. I lowever. the medical cannabis collective may hire employees or oonlraclors who arc
69 non-patients 10 facilitate the business or the collcc:,
70 (3) Medical cannabis collectives and each member thereof, shall not sell. bancr, give away, or
71 otherwise disiribute cannabis 10 'IOn-members oflhc medical cannabis collce1ive.
72 XX-XX-107 . Allowed pract ices
73 All patients, primary caregivers, medica l cannabis caregiver service ~usinesses, or medica l cannabis
74 collectives may engage in the acquisition. cultivation. possession. manufocture. production. sale,
75 distribution, dispensing. storage or transporlalion of medical cannabis herbal products for medical we
76 by legal Colorado patients as provided in Aniclc XVI II § 14 of the Colorado Constitution.
77 XX-XX-UIS. l m m ■a lty from prosecution
78 To be added .
79
80 XX-XX-109. Affinn11ive defense
81 Tobeaddcd.
82
83 XX-XX-I 10. Permitted zoniag districts
84 ( I) Medica l cannabis caregiver service businesses shall be allowed in any relllil, commercial.
85 industrial, or ogricultuml 1..>ning dis1rict.
('annab1< llimpy IJUl~ld< Dnn Rill -r~gc ~
· DRAFT : Colorado Medical cannabis Patient and caregiver Protection Act Send all comments to : pohcygroup@cannabistherapyinstitute.com 86 (2) Medical cannabis primnry carcgi,er., and mc-dical cannabis collcc1ives 1ha1 do nol \Cit rc1oil 87 producls sha ll be allowed in any ,oning dis1ric1. 88 XX-XX-111. Spc,,ial requirements 89 Medical cannabis primary caregivers. medical cannabis caregiver service businesses. and medical
90 cannabis collectives shall:
91 (I) Be subject 10 the same sign codes as other businesses in the same zoniPg districl .
92 (2) Provide adcquale security on Lhc premises to ensure patient safely.
93 (3) Provide handicapped access as required by federal law.
94 XX-XX-11 2. Patient rights
95 No person sha:1 discriminate against a pa1icn1 in any woy for their medical use of cannabis. This
96 includes, but is not limited 1~ ,. scrimination in areas of employment and drug testing. health
97 insurance. social services, probation. financi,,J aid. veteran's benefits. or housing programs.
98 XX-XX-113. Poli« p.rottduru 11d tra i■i■g
99 (I) Within s 1K months of the date tha1 this chapter becomes e1Tec1ivc. the training materials handbooks.
I 00 and prin1ed procedures of all law cnfortemcnt agencies in the state shall be updated to renec1 its
101 provisions. These 11pda1ed malerials shall be made avail able to all low cnfortemcn t officers in the
I 02 regular course of their training and service.
I 03 (2) Medical cannabis-related activilies shall be the lowest possible priori1y of all the law enforcement
I 04 agencies in the state.
105 (3) P111icnts, primary caregivers, medical cannabis caregiver service businesses. or medical cannabis
106 collectives that come into contact with law cnforecmenl will not be cited or arrested and ml-dical
107 .:unnabis herbal products in their possc..-ssion will not be seized if they arc in compliance with the
I OH provisions or th is article.
C-10R1bi• ll>mpy lnstilul< Draft Bill -l'lg< 5
DRAFT: Colorado Medical Cannabis Patient and Caregiver Protection Act Send all comments to: pollcygroup@cannabistherapyinstitute.com I 09 (4) raticn1s. primary caregivers. medical cannabis caregiver service businesses. or medical cannabis 110 collectives "'ho come into contact with law enforcement and cunnot establi>h or cx-monstratc their 111 legal status, but arc otherwise in comp liance with the provisions of this article. will not be cited or 112 arrested :ind medical cannabis hcmal products in their possession "'ill not be seiltd if: 113 (a) based on the activity and circumstances. the officer dctennincs that there is no evidence of
114 criminal activity;
11 S (b) lhe claim to be a legal patient, primary caregiver, medical cannabis collective or medical
116 cannabis wcgivcr service busincsss is credible; or
117 (c) proof of status as a legal patient, primary caregiver, medical cannabis collective, or medical
118 cannabis caregiver service businesses can be provided to the Police Department within
119 three business days of the date of contact with law enforcement.
120 (S) A legal patient. primary caregiver, medical cannabis caregiver service business or medical cannabis
121 collective may transport medical cannabis within the State of Colorado. A legal patient, primary
• 122 caregiver. medical cannabis caregiver service business or medical cannabis collective may not be
123 charged with DU I based solely on the presence of medical cannabis in the motor vehicle, if the
124 patient or primary caregiver did not also present sufficient evidence of impainnent al the time of
125 am:st.
126 (6) A legal patient, primary caregiver. medical cannabis caregiver service business or medical cannabis
127 collective may possess med ical equipment or paraphernalia used 10 smoke, vaporize or otherwise
128 consume cannabis for medical use only by legal patients.
CllllnAbis Thm{ly Institute Orin Bill -Page 6
l\le dic al Marij u ana Engl ewood City Council 11 /2 /0 9 1 Good evening. 28 8-1/2 years later, Engl ewood :! 29 needs to get up-to-date and deal :i Thank you for this opportunity to 30 intelligently with Amendment 20 4 s peak thi s e,·ening . 31 issues. 5 32
6 I'm he re to talk about Medical 33 The people of Englewood deserve
7 Marijuana, also known as 34 to have educa ted and infor med
8 Medical Cannabis, while 35 people drafti ng Medical
9 Engl ewood's mo ratorium on 36 Cannabis ordinances and codes.
10 di spensaries is in pl ace. 37
II 38 Medical Cannabis is a legitimate
12 I am a ch ronic pai n and illness 39 medica l field .
13 pati ent and patient advocate. 40
14 41 The way th at Nam.y Reid verbally
15 To avo id Englewood's 42 interpreted Ame ndment 20
16 involveme nt in costly litigatio n, I 43 made a bungled-up mess of the
17 would like to see t he morato rium 44 Amend ment.
18 extended until enough fact s ue 45
19 gathered for the City to make 46 I'm refe rri ng to the City of
20 educa ted and in for med po licies. 47 Englewood's websi te Audio
21 48 Record ing of the September <J,
22 Amendment 20 to the Co lorado 49 2009, P:'1n ning and Zoning
23 Consti tution was approved by 50 Com.1 ~eti ng.
24 Colorado voters in November 51
25 2000 and becam e effective in 52 She crea ted a situation where the
26 J une 2001. 53 Commissioners had to listen to
27 54 her personal, prej ud iced attitude
Medical Marijuana Englewood City Council 11 /2/09 55 for a half-hour without her 82 56 ac tuall y presenting Amendment 83 Other may grow th e medicine 57 20 or it fact . 84 with or without charge lo their 58 85 patients . 59 That i gregious and co mplet ely 86 no im~ pon ible.
61
62 It only tak es 15 minute to read
63 Colorado 's Amendment 20 and
64 Application Forms for Medical
65 Marijuana.
66
67 Amendment 20 wa amended in
68 July 2009, effective August 30,
69 2009, to clarify "primary
70 caregiver," yet it i till
7 1 confusing.
72
73 For in lance, there are many
74 kind of caregivers.
75
76 ot all caregivers grc,w or ell
77 Medical Cannabis.
78
79 Som are horn health workers
Sn who ar authorized to pick up
81 medicin e for th eir patients.
87 Some caregivers are parents of
88 minor patients and may or may
89 not grow medicine for their
90 minor child.
91
92 There are cartgivers who have
93 put their own lives on hold to
94 care for aging parents.
95
96 There are people in nursing
97 homes that need a caregiver to
98 access medicine for them.
99
100 Why is Englewood requirin v.
101 licensing for primary caregiver
102 when those caregivers are not
103 necessarily growing or selling
104 Medical Cannabis?
105
106 Why on Earth does a parent or a
107 home health worker, neighbor,
108 friend , or relative have to be
2
Medical Marijuana En glewood City Counc il 11 /2/09 109 licensed by the City to merely 135 No one-no City-has the right lo 110 acquire legal Medical Cannabis 136 do that. 111 on behalf of a legal pati ent? 137 112 138 What is a city that requires 113 Did you think yo u were licensing 139 pare ,1ts to be licens ed to provide 114 only commercial enterprises? 140 a legal drug or medical treatment
115 141 for their children?
116 The purpose of identifying 142
117 caregivers on Colorado's Medical 143 Or to require an initial $315,
118 Marijuana Regi stry is to prote1:t 144 then a $250 annual fee from
119 the caregiver, should the 145 ca regivers who legitimately se.rve
120 caregiver be detained or arres ted 146 th ei r patients but do not grow or
121 by police and need to prove their 147 sell Medical Cannabis?
122 legitimacy. 148
123 149 That's not even sound thinking.
124 The Registry is confidential. 150
125 151 Nor do es it uphold the health
126 If you read Amendment 20, you 152 and welfare of anyone in a ny
127 will see that. 153 way.
128 154
129 You are trying to force caregivers 155 In fact, that policy further
130 to waive their confidentiality 156 penalizes some disabled people
131 protection und er Amendment 20 157 and is discri minatory.
132 of the Colo rado Constitution or 158
133 else face penalties. 159 Do you requi re li censes for
134 160 caregivers who pick up and
Medical Marijuana Englewood City Council 11 /2/09 161 deliver ot her legal medicines for 188 162 their patients? 189 Howe\'er, the office staff, 163 190 custodial crew, and othe r 164 Has Englewood interpreted 191 support personnel are no t 165 Amendment 20 to mean th at a ll 192 generally licensed. 16F primary caregive rs are growers 193
167 and/or dispensers? 194 The same applies to your
168 195 pharmacist.
169 That is an incorrect assumption. 196
170 197 Although the pharmacist is
171 Legally, a patient may even grow 198 required lo ha ve a license, every
172 th eir own medi ci ne. 199 employee in the store does not
173 200 have to be a licensed pharmacist.
174 Since patic.nts are allowed only 1 201
175 primary ca regive r Jt a time, there 202 Medical Cannabis is a legitimate
176 is no way to s ubstantiate a 203 medical field and deserves t o be
177 requirement that all dispensaf) 204 treated as such.
178 employees be caregivers. 205
179 206 There are a multitude of sick
180 That someone works at a 207 people who find their qualities of
181 dispensary does not necessa ril y 208 life improve by ingesting Medical
182 mean they are a grower or a 209 Ca nn abis.
183 primary caregiver. 210
184 211 ,\°; drugs, eve n over-the-counter
18s Look at it thi s way: Wl1en yo u go 212 and other herbal remedi es, ca rry
186 to the docto r, you want your 213 risks and the potential for abuse.
187 doctor to be lice nsed. 214
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1cdical Marijuana Englewood Cit)• Council 11 /2 /09 2 15 That doe not m an that all 24 2 216 peopl e wh o u dru g. ar · guilt y 2.;3 It is project <:u to bring in 2 17 of abu in g Lh em or that all dru g( 2-1.l substantial amount of ale tax . ~18 are bad . 245 219 246 Because of th is , there are
220 Englewood need lo take the 247 resources that various Colorado
221 time to under tand the :.:48 municipalities are building
222 Amendment and the 249 together to make informed,
223 consequences of any rule the 250 sensible decisions.
224 City instills. 251
225 252 For example, there is the
226 The Amendm nt was written to 253 Colorado Medical Cannabis
227 provide safe access to Medical 254 Policy Group of which
228 Cannabis by legal patients and
229 their r aregiver .
230
231 The information Erin and I
255 Englewo could be a part.
256
257 We could use resources arm .. ,d
258 the Metro area and State for
232 pre ented in our study packet for 259 education about Medical
233 thi evening i only a small
234 ampling of the normous
260 Cannabis, Am endment 20
261 interpretation, a11.d policy.
235 amount of topi concerning 262
236 Medical Cannabi Therapy a1,d 263 I would like to propose that you
237 the indu try. 264 form an Engl ood Medical
238 265 Cannabis ta k force or
239 Current news tates lhll Medical 266 committee.
240 Cannabis i~ the fastest-growing 267
241 industry in Colorado.
5
Medical Marijuana Englewood City Council 11 /2/09 268 The group would research, 295 One of the Planning & Zoning 269 coordinate, and address issues 296 Commissioners summed up the 270 revolving around Medi cal 297 Amendment 20 topic perfectly, 271 Cannabis businesses and their 298 toward the end of their October 272 impact on En1;lewood 299 20 meeting . 273 neighborhoods. 300
274 301 He said !iomething to the orde r
275 The task force or commi ttee 302 of, "the whole thing's a can of
276 would need people from the 303 worms."
2n public, the City, and people who 304
278 work in the Medical Cannabis 305 lt is.
279 field, among othe rs. 306
280 307 Well said!
281 The task force or committee 308
282 would have lo stay informed and 309 Particularly when important
283 educated to be able to 310 polici es are to be made.
284 progressively address conce rns 311
285 of Englewood and its 312 By using an educated and
286 neighborhoods as relates to 313 informed policy-making process,
287 Mediral Cann abis. 314 legi timate Medical Cannabis
288 315 patients and their primary
289 A process could be organized 316 ca regivers would be able lo safely
290 that would allow the task force or 317 and peaceably access medicine,
291 committee to report regularly to 318 accordi ng to Colorado's
292 the City and other interested 3 19 Amendment 20.
293 parties. 320
294
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Medica l Marijuana Eng lewood City Co uncil 11/2/09 321 Legal Medical Cannabis facilities 348 We have veterans and other 322 would be free to peaceably run 349 citizens who suffer with 323 their businesses and se rve their 350 debilitating illnesses and pain. 324 legal patients. 351 325 352 Many of the people frequenting 326 The Department of Justice has 353 these facilities are also legal
327 declared there will be no more 354 Medical Cannabis p::tients.
328 raids of dispensaries in states 355
329 where medical marijuana is legal. 356 Are disabled people-including
330 357 veterans who fo ught fo r
331 We have the opportunity to be 358 freedom-and their caregivers
332 policy leaders in our state and 359 now an isolated, targeted group
333 would serve Englewood's people 360 in this city?
334 well by seizing this opportunity. 361
335 362 It is a big mistake to have any
336 In Englewood, we have Swedish 363 policy that in terferes with legal
337 Hospital , a top-notch trauma-364 patients' access to medicine .
338 center. 365
339 366 People who are on fixed incomes
340 We have a variety of medi cal, 367 and low-income caregivers do
341 alternative, integ111tive, 368 not have extra money to buy
342 rehabilitative, and health 369 expensive licenses to simply
343 facilities in Englewood. 370 access a legal drug.
344 371
345 We have Craig Hospital working 372 Also, legal patients may change
346 with people who are disabled. 373 caregivers at any time.
347 374
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Medical Marijuana Englewood City Council 11/2/09 375 Are legal patients to give the City 402 Bannock SI #403, Englewood 376 a few hundred dollars every time 403 80110, 303-806-8912, 3n they change caregivers if the new 4 04 jm_edwards @msn.com 378 caregiver is not al ready licensed? 379 380 That places an undue burden on
381 the legal patients and their lega l
382 caregivers who are not growing
383 or selling Medical Cannabis .
384
385 Amendment 20 addresses and
386 legalizes the manufacturing,
387 produ ction, sa le, distribution,
388 and dispensing of Medic.al
389 Cannabis.
390
391 Wouldn't it be better to place the
392 licensing burden on these
393 activities?
394
395 Thank you. God Be With You.
396
397
398
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399 Presented to Englewood City
400 Council on 11 /2/09 by
401 Jacqueline Edwards, 3600 S
8
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TO: FROM : DATE: RE: Englewood City Council Jacqueline Edwards, Englewood Resident Erin Ma rcove, Cannabis Medical Therapist Consultan t, Bow Mar Resident October 23 , 2009 Medical Marijuana/Cannabis Medical Therapeutics 6 c & d
Thank you for this opportunity to present our informational packet in preparation
for Englewood City Council's 11/2/09 meeting.
In this binder, you will find :
Marijuana Policy Project Foundation {MPP) Brochures, Our
marijuana laws aren't working . It's time for a new approach. and Do
you know anyone who needs to use marijua na for medical purposes?
Local:
Federal:
Colorad <J:
October 22, 2009, Denuer Post article, "Denver lawmaker
wants medical-pot rules clariried," by Lynn Bartels.
10/20/09 NEWS from Erin Marcove
October 22, 2009, MPP e-mail, •on the heels of victory ..
. ," by Rob Kampia
10/20/09 MPP article, "U.S. Mellows on Medical
Marijuana,• by Gary Fields and Justin Scheck, Wall
Street Journal
Colorado Amendment 20, Article XVIII , Section 14 of the
Colorado Constitution
Dept. of Public Health and Environment, Health and
Environmen t Information & Statistics Division, Medical
Use of Marijuana, 5CCR 1006-2, Draft 1/2/09
Colorado Medical Ma rijuana Registry Application
Inst.ructions, Physician Certification, Application Form ,
and Parental Consent Form
Colorado Amendment 20 per Nancy Reid on 9/9/09
Planning & ?Aming Commission Meeting Audio
Recordi ng vs. As Written, assembled by Jackie Edwards
Cannabis Medical Therapeutics:
Clinical Conference on Cannabis Therapeutics/Patients
Out of Time
Methods of Using Cannabis Medical Therapeu tics
Englewood City Council October 23, 2009 Page2 Summary Medical Effects of Resinous Cannabis Hemp (Medical Marijuana) February 19, 2009, e-mail from Timothy Tipton , "THC & Plant Number Recommendations"
Col orado Municipalities:
Cannabis Therapy Institute Open Letter to a variety of
Colorado municipalities, dated 9/10/09
Education and Safety:
Cannabis Education & Dispensary Safety.
We think the infonnation will assist in clarifying misunderstood or somewhat vague
points/grey areas surrounding medical marijuana. Recent develo r,ments & the
sudden surge in numbers of medical marijuana patients, caregivers, growers,
dispensaries, and so on has a growing number of Colorado cities ·icrambling for
answers.
Thank you for your time in reviewing the variety of information we have provided.
We are scheduled fo r Public Comment at the 11 /2/09 Englewood City Counc il
meeting.
Jacqueline Edwards
36oo S. Bannock St. 1403
Englewood, CO 80110
303-806-8912
jm edwards@msn.com
~lcw...~b,
Erin C. Marcove
Cannabis Medical Therapist Consultant
4640 S. Utica Wy.
Bow Mar, CO 80237
303-880-1563
edo@cannabjsmedicaltherapeurics.com
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• LOCAL
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ConUlcting lhc Colorado SUIIC Legislature The Cannabis Therapy Institute is encouraging patients and caregiver.; to write to the Colorado State Legislarure urging them not to n:strict patients' abili ty to safely obtain medical marij uana. Send them your personal stones of how medici nal cannabis has helped you in your life . Click here fo r conwc1 info: ht tp:/i\\"" .cannabisthcrapy msututc.com ad, ocac~ comacu:olorado.s1:11dcg1sl at= .htm
I
Imp: """ .dcm crpost.com c,_ 136 136, -
Denver Post
Oct. 22, 2009
Den ver lawmaker wants medical-pot rules clarified
By Lynn Barte ls
Saying lhe will of the voters isn't being followed, state Sen. Chris Romer
plans to introduce a medical-marijuana bill next year cl ari fying
regulations involving pot-using patients .
The Denver Democrat said he is alarmed on several fronts, from the number
of Coloradans applying for a medical-marijuana card to how many pot
dispensaries arc popping up in the state.
"I work out at a health club on Colfax, and the owner told me two gcnllemcn
from California walked in off the street and offered him $700,000 in cash
for his building,• Romer said Wednesday. "They were going to open a
medical -marijuana dispensary.•
Romer said that when voters approved Amendment 20 in 2000, they thought
they were authorizing medical marijuana to help people suffering from
cance r and multiple scleros is, not allowing anyone complaining of aches or
pains to get a card or establi shing Colorado as a pot-growing state.
The state bcalth department is receiving an average of 600 fflqUCSIS a day
fo r medical-marijuana cards, spokesman Mark Salley said.
By one estimate, there are about 100 dispensaries in the state.
Many cities and towns arc studying regu lations to limit dispensaries. while
others have passed outright bans .
Amendment 20 allows pmients who get a recommendation from a doc1or and who register wnh the ~1a1c lo use medical marijunnn "I vo1cd for the law. l believe in the law." Romer said. "But I believe in properly implcmen1ing the law." He said he plan~ to hold meetings soon with all parties --including law enforcement, caregivers and patienlS -1.o get their input on new regulations for how marijuana is grown and distributed.
"We're excited that Sen. Romer wants 10 clarify things, and we hope he
works with the medical cannabis community to draft something we can all
agree on," said Laura Kriho, spokeswoman for the Car.nabis Therapy Institute
in Boulder.
Denver attorney Rob Corry, who hand.Jes medical-marijuana cases. said he is
leery of lawmakers adding more government regulations.
'But if Sen. Romer is approaching this from the perspective of making
medicine more accessible to patients and al a lower price, I'm less
concerned about it,· he said,
!lep. Kent Lambert, R-Colorado Springs. who bas tracked the
medical-marijuana issue for months, was critical of Amendment 20, saying it
was nothing more than a step toward lcgalimtion. He said he's not sure
Romer has much wiggle room to clarify regulations because of the way the
mensure was writlen.
"I've beard, well. maybe we should limit the number of recommendations that
each docto.r can give, say limit it 10 15 a year," Lambert said. "Bui I
think that could draw a lawsuit from a doctor saying it's my constitutional
j udgmenl to issue as many (recommendations) as I want."
Two doctors account for more than a third of the patienlS on Colorado's
medical-marijuana registry, and five doctors account for more than 50
percent of the patients, according to slatistics from the health
department
Legislation implementing the 2000 amendment was passed in the 200 I session.
Former Sen. Norma Anderson, R-Lakewood, who sponsored the mca.~urc in the
Senate. said in hindsight she wishes lawmakers hod included stiff penalties
for doctors who recommend cards in situations that aren't justified.
"I don'I think we thought thol would be a problem al the time.• she said.
Romcr's decision to carry a medical-marijuana bill comes on the heels of
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House Speaker Terrance Carroll's saying that drawing up medical -marijuana rules probably will nol be a top priority in 20 I 0. "When the legislature reconvenes in January, I will be asking the House to keep our focus on bolstering the economy. creating jobs and balancing the budgc1, • said Carroll, also a Denver DemocmL Romer said the problems that have cropped up need to be addressed and that those involved need 10 know that a "regulatory framework is going to be
adjusted."
The issue flan:d up this week when the U.S. Dcpaltment of Justice issued an
advisory to prosecutors not to pursue cases against medical-marijuana users
and s uppliers who follow state laws.
Colorado Attorney General John Suthers counrm:d that the new policies
relied oo the "faulty assumption that Colorado bas ckcly defined laws on
medical marijuana.•
Lynn Bartels : 303-954-5327 or lbancls '!. dcm·crpusl.cum
Provided as a Public Service by the:
Cannabis Thenpy Institute
P.O. Box I 908 4, Boulder. CO 80308
Phone: (641 ) 715-3900ext 70966
Web : ,rn" .cannabisthcrJp~ institute.com
Email: info II cannubisth crap~ insti1u1c.com
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PEACI: >\t-:11 LOVE 1 () Al.I Erin Marcove not with o review but NEWS !! I spoke 01 the City of Centennial Council Meeting on Oct 19th 2009. I was there 10 educate the council memhcr.i on Cannabis as Medicine . Only allowed 5 min. to give 3 years experience of EDUC ATION! Which is impossible? I e,cplained how this is a Legitimate Medical Field. and gave them my brief back ground of education. I then gnve a very brief and when I say brief I mean brief, education on the Methods of Uses of Cannabis Therapy. Then I explained how important it is not to shut down EXTREEML Y
REPITBLE OPERATIONS . Making SAFE ACCESS DrFFICULT for Patients!!! I also
let the council know that I have been Reviewing the dispensaries to make sure they arc in
compliance with the LAW!!! I then was told to finish up!! The DA then replied with
they arc holding to the Federal Regulations, and we can't change the policy.
This response has now jeopardized this dispensary Now this dispensary is in need of
more Legal assistance. Not Righi! HOW? This puts over 600 patients out of getting
SAFE ACCESS to their Medication. WE Can't allow this to start happening across this
state with city's and counties not honoring the VOTE OF THE PEOPLE IN THE
STATE o f COLORADO. KELP! HELP! HELP! Sto p this injustice.
•
We the People of the State of Colorado have elected all of the Law Makers in every City
and County of Colorado to represent us. As a taxpaying citizen in Colorado if the person
we have elected is to make decisions that affect our lives, don't we only want them to be
educated upon the issues tbat they arc addrc,sing and making responsible decisions that
affect our lives? Medical Marijuana is a legitimate medical field that is on going •
progressive field of medicine. Through Education, responsible and non-biased opinions
is the only way that responsible decision's and policy cao be made.
Our President is in support of Medical Cannabis Therapy. We the People of Colorado
cannot allow uneducated responses to lhesc major issues that affect many disabled
members in our commun ities that our elected Law Makers are not respecting the voted
rights of our State... How can a City Cowicil make decisions for others without the
appropriate education? This amcodmcnt was passed by the voters of Colorado. Why can
a county or a city decide that this amendment is not in their best interest? This is a State
wide amendment #20. Wby does this loolr. lilr.e a type of discrimination against a legal
passed amendment in Colorado? Certai n cities and counties don't want to be associated
with Medical Marijuana. If only they really knew how many of their taxpaying citizens
in the area are actual patients. So our lcrislators want our chronically ill patients not to
be able to go 3 miles to get their medicin e. but to go 40 or more miles 10 get their
medicine. Why is this not an appropriate business in there city or county their taxpaying
citizen's voted for. That the city will receive tax money from. What is the real problem
here?!!!
Peace& Love
Erin Marcovc C.M .T.C.
Cannabis Medical Therapeutics Consultant •
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JM EDWARDS • From: "Marijuana Policy Project" <rob@mpp.org> To: <Jm_ edwards@msn.com> S.nt Thursday, October 22 , 200912.-40 PM
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Subject: On the heels ol victoly •.• Dear Jackie Edwards: Following the enonnous victory for medical marijuana patients and their caregivers on Monday, a sirong MPP champion on Capitol Hill , Congressman Sam Farr ({)-Calif.), plans to introduce an important bill in Congress next week,
While the new Department of Justice policy cn:atcs a de facto protection for paticnlS and
caregivers who me "in clear and unambiguous compliance with existing stale laws providing for
the medical use of marijuana," the Fan-bill -which MPP Slaff helped wrile years ago -will
cooify this protcction in law.
It will abo addr= anolhcr injustice:: Cummtly, medical marijuana patients in the 13 SlalcS
where medical marij\111118 is legal IIC barred &om 1elling fedcral jurors that their USC of
marijuana was for medical purposes. even when swe laws explicitly pennit medical use.
Congressman Fan's Truth in Trials Act would guaran1ee defendants in federal medical
marijuana cases the right to explain tlwt their marijuana was for medical use. And more
importantly, defendants could be found not guilty if the jwy finds that they followed state
medical marijuana laws.
Will you please urge your member of Congress to co-sponsor this legislation? MPP's ~
action system makes it easy: Just enter your contact infonnatioo and we'll do the resl
This is such an exciting time for our issue. Thank you for standing with us in the fight.
Sincerely,
RobKampia
Executive Din:ctor
Marijuana Policy Project
Washington, D.C.
P.S. We are happy to be honoring your request 001 to receive donation pitches from us in our e-
mail alerts. However. if you change your mind and would again like ID learn about our funding
needs, please visit www.mpp.org/2009!'f2l.OlUp~ to opt back in.
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!'age I of I
10/22/2009
U.S. Mellows on Medical Marijuana Page 1of 2 HOME I ABOUT I LEGISLATION CAMPAIGNS GRANTS LIBRARY TAKE ACTION PRESS ROOI FEDERAL Brochure I FroquonUy A&l<td
Ountlomi
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1.oaonlOlhtEdi!Ot
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HELP FUND MPP
Don, .. Now
I --I M-iily Oona,
Federal
U.S. Mellows on Medic.I Marijuana
Ga,y FIIJlds and Justin Scheck
Odobet 20, 2009
Wal SIT8et JoumaJ
WASHINGTON -The Justice Oepartrr.ent told federal prosecutors Monday a1ey
shouldni pul'IUII medical-ma.,_ U5efS who~ with si.te laws, a step actMsts
said may t!IIOOUragll mon11111teS to partially legalize the drug.
A thre.page memo from Deputy Attorney General David Ogden, affinnfng a policy
disdosed H~ier this year, saJd tt was ·unlikely to be an efficient u1e of limited federal
resourt:eS" to prosecute 'indhllduals with cancer Of Olher aelious llinessea who use
marijuana as part of a recommended treatment regimen.·
I S.-MPPlnOlhtf
•
W1y1
Whyllona1a?
Law enforcement offidat. this year have seized and destroyed a raconl amount of
Illegal marijuana grown In remole parts of public land in Calilomia: fflOAI than four
~ plenls wtth 8 llreel \11111111 of IS much as $16 billion. Stacey Delo reports ,
The memo, Mf'll 10 U.S. al10meyS nationwide, said the Just!oe Oepa,1ment continued to
view p01 as• dtngerous dnJQ and that the,_ policy shouldni p,event pn,sea,lols
from ptnldng cases where ll!lale laws are be;ng used as a c:ovw lor legal adMty.
•
GET INVOLVED _,._
-lrNlnlobyU.S.
m■M
T■bActlon
CAMPAIGNS
Sta .. Lobl>JlngWon! ,..,.,.,_I
Mini-■ Legltl■tion
ArwwModlc■I
M■t11-■ Poky Praftct
IIIPP C-
-■ kw ~ca,.
Mort-■ Polley Praftct
olNrnd■
War l)ft Drug Cur
VIP C■fflpolgn
MPP'I Na11onwlde Radio
Ado
I Mlnd■tory Mldn■■-.org
I ProhlbltlonCot11■.ClfQ
Bruce Minten, tpOkestr.an for the Marijuana Poicy Projec:.t, laid Issuing lollnal
g,adetines "canalnly lifts a cloud from the people in stales that ellclW medk:111 ma,ijuano,'
Mr. Mirun, WhOle group opposes crmnal penalties for pot use, added , "I think In terms
of slate legislatures and gcwemora, as a policy matter, It gives them, great deal of
reassurance" In oonsidering medicaknarijuana laws.
Rules vary In the 13 states that have medical-marijuana lawa on the books, but the
C01M100 theme Is that eeriouaty In residents who have recommendations from doeloni
to use marijuana as a treatment shouklni fear arrest
Several states are considering bills that would allow the use of medical marijuana.
Delaware has a blil pending, and lawmakers In New Hampshire are expeded later thls
month to hold a vale on OYemding the govemol's veto of a 11411 they passed eartier this
year,
Some slate legisa.~ and governors have been reluclant IO support medicaknarijuana
laws because they would put their residents at risk of federal charges,
The Obama administration's policy emerged at a February , ews conference in which
Allomey Gener.t Eric Holder Mid federal raids would be Slopped on medical-ma,..a,ia
dispensaries In the llatas wlilere votefS ~ made medical marijuana legal. Agen1s had
previously conducted such rakls under federal law. which doesni provide any
exceptions to Its pot prohibition .
A Drug Enfon:ement Administration spokeswoman on Monday sa)d lt19 agency had
been adhering to the guklance since January .
James Pasco, executive direcior of the Fraternal Order of Police, the nation's largest
law-i!nfon:ement labor organization, said the policy change -along with other proposed
http://www.mpp.org,'states/federaVus-metlon-on-medlcaLhtml 10/22/2009
U.S. Mellows on Medical Marijuana Page2of 2 Put Campaig n> changes on criminal-justice Issues . such as easing lhe penalties on aack-cocalne airMS -"1ool<s like we·re taking a aomewhat different applOaCh to criminal Justice." • Even wfth lhe .-g~. ledeflll pot poicy 191T8ins nuldled. On a gc,,emment Web sa about the perils of,_._. abuse, the DEA~ "smoked marijuana Is nol a medicine," and contrasts the federal approval procfll for presaiption dtuga with a1ale medicaknarijuana laws, which H calls "lnc:onsistent with eflof1s to ensure that medications undergo lhe rigorous scientific scrutiny of the approval proceas." The guidelines do little to clarify the .ituation In CaWfomla , where YOlenl approved a medical-ma,tjuana Initiative in 1996 but rules V9l'f widely by county. The regulations allow dodln 1D 111001T111111tld pot for medical use and enable medic:al caregi\lers to
provide pot. though not fDf a profil
Since then, the ltalll has largely left imerpelalioo ol the law to local agencies. As a
l'lltll.llt, the amount of medlcal ffl811uana a pe19011 riwy ha\18 -and the ways In which
the drug mey be sold -1an, 0011alstent.
Alameda County, which i'lctudes Oakland, has alkMed a handful of slon!front pot
~ 011w oounties haw banned m9fronl dllpensaries or tried to dole
flllli<Janaslonls.
LoaMgalea County has i.e., AUgging with. blllooning number of ffl8llU8ll8
nwlt8tl. Oislrlct Allomey S1IMI Cooley uld lalt week that most. and pemeps an. of lhe
hundredl of dispensaries there 'liolatl! slate law. Loa Angeles has llllnned ow medlcal-
ffllrijuana dispensaries, but on Monday a Superior Court Judge there lsaued en
Injunction against the ban In one IUCh case.
Contact Us P'"8 Room Joba Prlvacy Policy 02009 Mari
'•~··•= ,~ ~conv10· --
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10/22/2009
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• COLORADO
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Colorado Amendment 20 0-4-287 -ARTICLE XVIII -Mlscellaneous Art. XVIII -Miscellaneous Section 14. Medical use of marijuana for persons suffering from debilitating medical conditions . (1) As used in this section, these tenns are defined as follows :
(a) "Debilitating medical condition' means:
(I) Ca ncer, glaucoma, positive status for human immunodeficiency virus. or
acquired immune deficiency syndrome, or treatment for such conditions ;
(II) A chronic or debilitating disease or medical condition, or treatment for such
conditions, which produces, for a specific patient, one or more of the following,
and for which, in the professional opinion of the patient's physic ian , such
condition or conditions reasonably may be alleviated by the medical use of
marijuana: cachexia; severe pain ; severe nausea; seizures, including those that
are eharaeteristlc of epilepsy; or persistent muscle spasms , including those that
are characteristic of multiple sclerosis; or
(Ill) Any other medical condition, or treatment for such condition , approved by the
state health agency, pursuant to its rule making authority or its approval of any
petition submitted by a patient or physician as provided in this section.
(b) "Medical use" means the acquisition, possession, production , use, or
transportation of marijuana or paraphernalia related to the administration of such
marijuana to address the symptoms or effects of a patient's debilitating medical
condition, which may be authorized only after a diagnosis of the patient's
debilitating medical condition ';y a physician or physicians, as provided by this
section.
(c) "Parenr means a custodial mother or father of a patient under the age of
eighteen years, any person having custody of a patient under the age of eighteen
years, or any person serving as a legal guardian for a patient under the age of
eighteen years.
(d) "P 11ienr means a person who has a debilitating medical condition .
(e) "Physician" means a doctor of medicine who maintains, in good standing, a
license to practice medicine issued by the stale of Colorado .
(f) "Primary care-giver" means a person , other than the patient and the patient's • physician, who is e ighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. (g ) "Registry identification card" means that document, issued by the slate health agency, which identifies a patient authorized to engage in the medical use of marijuana and such patient's primary care-giver, if any has been designated.
(h) "State health agency" means that public health related entity of state
government designated by the governor to establish and maintain a confidential
registry of patients authorized to engage in the medical use of marijuana and
enact rules to administer this program.
(i) "Usable form of marijuana" means the seeds, le::i ves, buds, and flowers of the
plant (genus) cannabis, and any mixture or preparation thereof, which are
appropriate for medical use as provided in this section, but excludes the plant's
stalks , stems. and roots.
0) 'Written docum entation" means a statement signed by a patient's physician or
copies of the patient's pertinent medical records.
(2) (a) Exoept as otherwise provided in subsections (5), (6), and (8) of this •
section, a patient or primary care-giver charged with a violation of the state's
criminal laws related to the patient's medical use of marijuana will be deemed to
have established an affirmative defense to such allegation where:
(I) The patient was previously d iagnosed by a physician as having a debilitating
medical condition;
(II) The patient was advised by his or her physician, in the context of a bona fide
physician-patient relationship, that the patient might benefit from the medical use
of marijuana in connection with a debilitating medical condition: and
(Ill) The patient and his or her primary care-giver were collectively in pas.session
of amounts of marijuana only as permitted under this section.
This affirmative defense shall not exclude the assertion of any other defense
where a patient or primary care-giver is charged with a violation of state law
related to the patient's medical use of marijuana.
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(b) Effective June 1, 2001 , it shall be an exception fro.,, the state's criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this section. (c) It shall be an exception from the state's criminal laws for any physician to: (I) Advise a patient whom the physician has diagnosed as having a debilitating
medical condition, about the risks and benefits of medical use of marijuana or
that he or she might benefit from the medical use of marijuana, provided that
such advice is based upon the physician's contemporaneous assessment of the
patient's medical history and current medical condition and a bona fide physician-
patient relationship ; or
(II) Provide a patient with written documentation, based upon the physician's
contemporaneous assessment of the patient's medical history and current
medical condition and a bona fide physician-patient relationship, stating that the
patient has a debilitating medical condition and might benefit from the medical
use of marijuana.
No physician shall be denied any rights or privileges for the acts authorized by
this subsection.
(d) Notwithstanding the foregoing provisions, no person, including a patient or
primary care-giver, shall be entitled to the protection of this section for his or her
acquisition, possession, manufacture, production , use, sale, distribution,
dispensing, or transportation of marijuana for any use other than medical use.
(e) Any property interest that Is possessed, owned, or used in connection with
the medical use of marijuana or acts Incidental to such use, shall not be ha,med,
neglected, injured, or destroyed while in the possession of state or local law
enforcement officials where such property has been seized in connection with the
claimed medical use of marijuana . Any such property interest shall not be
forfeited under any provision of state law providing for the forfeiture of property
other than as a sentence imposed after conviction of a criminal offense or entry
o! a plea of guilty to such offense. Marijuana and paraphernalia seized by state
1K local law enforcement officials from a patient or primary care-giver In
connection with the claimed medical use of marijuana shall be returned
immediately upon the detennlnation of the district attorney or his or her designee
that the patient or primary care-giver is entitled to the protection contained in this
section as may be evidenced, for example , by a decision not to prosecute, the
dismissal of charges, or acquittal .
(3) The state health agency shall create and maintain a confidential registry of • patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 2001 . (a) No person shall be permitted to gain access to any information about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their
official duties and authorized employees of state or local law enforcement
agencies which have stopped or arrested a person who claims to be engaged in
the medical use of marijuana and in possession of a registry identification card or
its functional equivalent, pursuant to paragraph (e) of this subsection (3).
Authorized employees of state or local law enforcement agencies shall be
granted access to the infonnation contained within the state health agency's
confidential registry only for the purpose of verifying that an individual who has
presented a registry identification card to a state or local law enforcement official
is lawfully in possession of such card .
(b) In order to be plaoed on the state's confidential registry for the medical use of
marijuana, a patient must reside in Colorado and submit the completed
application fOfTTI adopted by the state health agency, including the following
information, to the state health agency:
(I) The original or a copy of written doa1mentation stating that the patient has
been diagnosed with a debilitating medical condition and the physician's
conclusion that the patient might benefit from the medical use of marijuana;
(II) The name, address, date of birth, and social security number of the patient;
(Ill) The name, address, and telephone number of the patient's physician; and
(IV) The name and address of the patient's primary care-giver, if one is
designated at the time of application.
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(c) Within thirty days of receiving the information referred to in subparagraphs (3) (b) (1)-(IV), the state health agency shall verify medical information contained in the patient's written documentation . The agency shall notify the applicant that his or her application for a registry identification card has been denied if the agency 's review of such documentation discloses that: the information required pursuant to paragraph (3) (b) of this section has not been provided or has been falsified ; the documentation fails to state that the patient has a debilitating medical condition specified in this section or by state health agency rule ; or the physician does not
have a license to practice medicine issued by the state of Colo rado . Otherwise ,
not more than five days after verifying such :nformation , the stale health agency
shall issue one serially numbered registry identification ca rd to the patient,
slating :
(I) The patient's name, address, date of birth , and social security number;
(II) That the patient's name has been certified lo the state health agency as a
person who has a debilitating medical condition , whereby the patient may
address such condition with the medical use of marijuana ;
(Ill) The date of issuance of the registry identification card and the date of
expiration of such card , which shall be one year from the dato of issuance ; and
(JV) The name and address of the patient's primary care-giver, if any is
designated at the time of application .
(d) Except for patients applying pursuant to subsection (6) of this section, where
the state health agency, within thirty-five days of receipt of an application , fails to
issue a registry identification card or fails to issue verbal or written notice of
denial of such application, the patient's application for such card will be deemed
to have been approved . Receipt shall be deemed to have occurred upon delivery
to the state health agency , or deposit in the United States mails . Notwithstanding
the foregoing, no application shall be deemed received prior to June 1, 2001 . A
patient who is questioned by any state or local law enforcement official about his
or her medical use of marijuana shall provide a copy of the application submitted
lo the stale health agency, including the written documentation and proof of the
dale of mailing or other transmission of the written documentation for delivery to
the state health agency , which shall be accorded the same legal effect as a
registry identification card , until such time as the patient rece i ves notice that the
application has been denied .
(e) A patient whose application has been denied by the state health agency may • not reappl y during the six months following the date of the denial and may not use an application for a registry identification card as provided in paragraph (3) (d) of this section. The denial of a registry identification card shall be considered a final agency action. Only the patient whose application has been denied s hall have standing to contest the agency action. (f) When there has been a change in the name, address, physician, or primary
care-giver of a patient who has qualified for a registry identification card, that
patient must notify the state healtlh agency of any such change within ten days. A
patient who has not designated ai primary care-giver at the time of application to
the state health agency may do so in writing at any time during the effective
period of the registry identification card, and the primary care-giver may act in
this capacity after such designation. To maintain an effective registry
identification card, a patient must annually resubmit, at least thirty days prior to
the expiration date stated on the registry identification card, updated written
documentation to the state health agency, as well as the name and address of
the patient's primary care-giver, if any is designated at such time.
(g) Authorized employees of state or local law enforcement agencies shall
immediately notify the state health agency when any person In possession of a
registry identification card has been determined by a court of law to have willfully
violated the provisions of this section or its implementing legislation, or has pied
guilty to such offense.
(h) A patient who no longer has a, debilitating medical condition shall return his or
her registry identiftcation card to the state health agency within twenty-four hours
of receiving such diagnosis 'Jy his or her physician.
(i) The state health agency may determine and levy reasonable fees to pay for
any direct or indirect administrative costs associated with its role in this program.
(4) (a) A patient may engage in the medical use of marijuana, with no more
marijuana than is med lcally n ecessary to address a debilitating medical
condition. A patient's medical use of marijuana, within the following limits, is
lawful·
(I) No more than two ounces of a usable form of marijuana : and
(II) No more than six marijuana plants, with three or fewer being mature.
flowering plants that are producing a usable form ~f marijuana.
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• (b) For quantities of marijuana in excess of these amounts, a pat~nt or his or her pri mary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condttion . (5) (a) No patient shall: (I) Engage in the medical use of marijuana in a way that endangers the health or
well-being of any person: or
(II) Engage in the medica l use of marijuana in plain view of , or in a place open to,
the general public.
(b) In addition to any other penalties provided by law, the state health agency
shall revoke for a period of one year the registJy identification card of any patient
found to have willfully violated the provisions of lt1is section or the implementing
legislation adopted by the general assembly.
(6) Notwithstanding paragraphs (2) (a) and (3) (d) of this section , no patient
under eighteen years of age shall engage in the medical use of marijuana unless:
• (a) Two physicians have diagnosed the patient as having a debilitating medical
condition,
(b) One of the physicians referred to in paragraph {6) (a) has explained the
possible risks and benefits of medical use of marijuana to the patient and each of
the patient's parents resid ing in Colorado;
(c) The physicians referred to in paragraph (6) (b) has provided the patient with
the written documentation, specified in subparagraph (3) (b) (I);
(d) Each of the patient's parents residing in Colorado consent in writing to the
state health agency to permtt the patient to engage 1n the medical use of
marijuana;
(e) A parent residing in Colorado consents in writing to serve as a patient's
primary care-giver;
(f) A parent serving as a primary ca r8ijiver completes and submits an application
for a registry identification card as provided in subparagraph (3) (b) of th is section
and the written consents referred to in paragraph (6) (d) to the state health
• agency:
(g) The state health agency approves the patient's application and transmits the • patient's registry identification ::ard to the parent designated as a primary care-giver: (h) The patient and primary care-n iver collectively possess amounts of marijuana no greater than those specified in subparagraph (4) (a ) (I) and (II); and (i) The primary care-giver controls the acquisition of such marijuana and the
dosage and f requency of its use by the patient.
(7) Not later tha,1 March 1, 2001 , the governor shall designate, by executive
order, the state health agency as defined in paragraph (1) (g) of this section .
(8) Nol later than Apnl 30, 2001 , the General Assembly shall define such tem,s
and enact such legislation as may be necessary for implementation of this
section, as well as detennine and enact criminal penalties for:
(a) Fraudulent representation of a medical condition by a patient to a physician,
state health agency , or state or local law enforcement official for the purpose of
falsely obtaining a registry identifrcation card or avoiding arrest and prosecution ;
(b) Fraudulent use or theft of any person's registry identif1CStion card to acquire , •
possess, produce, use, sell, distribute, or transport marijuana, including but not
1; , 'rr , cards that are required to be retum,Jd where patients are no longer
r, , ,1 •· , .,J as having a debilitating medical condition;
(c) rraudulent production or counterfeiting of, or tampering with, one or more
registry identification cards ; or
(d) Breach of confidentiality of infom,ation provided to or by the sidle health
agency.
(9) Nol later than June 1, 2001, the state health agency shall develop and make
available to residents of Colorado an application fom, for persons seeking lo be
listed on the confidential registry of patients . By such date, the state health
agency shall also enact rules of administration , including but not limited to rules
governing the establishment and confrdentiality of the registry, the verification of
medical infonnation, the issuance and fom, of registry identification cards,
communications with law enforcement officials about reg istry identification cards
that have been suspended where a patient is no tonger diagnosed as having a
debilitating medical condition, and the manner in which the agency may consider
adding de!Jilitating medical conditions to the list provided in this section . •
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Beginning June 1, 2001, the state health agency shall accept physician or patient initiated petitions to add debilitating medical conditions to the list provided in t his section and , after such hearing as the state health agency deems appropriate, shall approve or deny such petitions within one hundred eighty days of submission. The decision to approve or deny a petition shall be r.onsidered a final agency action. (1 0) (a) No governmental, private, or any other health insu rance provider shall be
,equired to be liable for any claim for reimbursement for the medical use of
marijuana.
(b) Nothing in this section shall require any employer to accommodate the
medical use of marijuana in any work place .
(11) Unless othelwise provided by this section, all provisions of this section shall
become effective upon official declaration of the vote hereon by proclamation of
the governor , pursuant to article V, section (1) (4), and shall apply to acts or
offenses committed on or after that date .
En c1r"ed by the People November 7, 2000 -Effective upon
~roclamatlon of the Governor .
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COLORADO
REGISTRY
DRAFT -0 l/02/2009 • DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT 2 3 Health and Envi ronmental lnfonnat lon and Stat11tic1 Divi s i on 4 s MEDICAL USE OF MARIJUANA 6 7 5CCR 1006-2 8
9 R-eul1Uon 1: Eatabll■hment and conlldentllllty of the 19919try for the medlcll UM of
10 mar1ju1n1
ll
12 ,._ The Colorado Oepamw,I of Pulllc Heallll and Enwonment ("the deper1rnenl" ) ....
13 aeale and malnlain a conftdential registry ("the reglslrf ) of patients who have applied
14 for and are entitled to receive a registry identification card. All pe,wonal medical record■
IS and PfflOIIII Identifying lnlonnation held by the department In toffll)llance with lhete
16 r9QUlllions lhall be confldenlilll lnformadon. No ponon shelf be pe,mltled to gain aa:eu
17 ID any lnfonnation about l)l1ler1lll In Iii• regi■try . or .., information othetwlse maintained
18 In the regi■try by the deplltnert libol.C phyllclens and prmsy ~of.,... In
19 the regi■try. em,pt lor IIAholtzad llfflPOl'9M of the~ In the COlne of their
20 official cilliel and authorized employMS of -and local 11,,, e,lbcemeirt ■gel1de8
21 which hive stopped or 111Te1ted a ponon who Cllllna to be engllged In the medical use of
22 ma~Ju■na and In posaeajon of a registry Identification card ilaued pursuant ID
23 r&glNlionl two and tine. The dllpatmenl mr, reloae lrmnlllon ~ a apedfic
24 patient lo 1h11 patient with the written aAhonzallon of IIICh pallerlt.
2S • 26 8 . Arf,J officer or employee or~ al the deper1menl who violatllS this reg<.Cation by
27 rete8ling or making public confidentill infonnltion 1n the registry lhlll be subject to ..,
28 existing llaMo,y penalllel for • breech of oonfldentiality of the registry.
29
30 R-eulatlon 2: Appllcltlon for 1 ,-etstry ldentlflcatl0n card
31
32 ,._ OEFINITIOffS
33
34 0 AA "adult 8P!)liclnt' 19 defined 81 a patient eight-, yean of age or older. A
3S 'minor applicant' 11 defined aa a patient leu than eighteen years of age
36
37 i) "PRIMARY CARE-GM:R' MEANS A PERSON OTiiER THAN THE PATIENT
38 AND THE PATIENT'S PHYSICIAN. VH:> IS EIGHTEEN YEARS OF AGE OR
39 OlDER AND HAS SIGNIFICANT RESPONSl81UTY FOR MANAGING THE
40 'M:U-8EING OF A PATIENT VH:> HAS A DEBILITATING MEDICAi.
41 CONDmON.
42
43 Iii) "SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WEl.l-8ElNG OF A
44 PATIENr h1EANS ASSIST1NG A PATIENT Willi DAILY ACTMTIES,
45 INCLUDING BUT NOT LIMITED TO TRANSPORTATION, HOUSEKEEPING,
46 MEAL PREPARATION , AND SHOPPING, AND MAKING ANY NECESSARY
47 ARRANGEMENT FOR ACCESS TO MEDICAL CARE AND/OR SERI/ICES.
48
49 B. In orde, to be placed In the registry and to receive a registry Identification catd, an adult so applicant must reside In Cokndo and submit an application form supplied by the
5 I ~ COMPLETED AND NOTARIZED. The nAI applicant mull provide the
52 lollowirQ lnfarma6on with the applicatlon:
53
54 Q The applicant'& name, address, date of birth, and social lflCIM1ty number; •
DRAFT -011112/2009 I • 2 •) The name and addteu of the applant's ~~.Hone It deSignaled 3 at the time of appicatlcn; HOWEVER, NO INOMOUAL SHAU. BE LISTED AS A 4 PRIMARY CARE-GIVER FOR MORE THAN F1IIE PATIENTS AT ANY GIVEN s TIME: 6 7 Iii) Written doOJmentation from the l!)Plicanfs phyalcian lhal the 81)!)1lcant has been 8 diagnoled wftll 8 delll1ltating medlc:el oondltion 81 deftned In ragutation abc and 9 the physician's oondutlon that the applicant might benefit from the medcal use 10 of marijuana; and
11
12 iv) The rwne, adcnll, and~ nunber of the phylician who has conduded
13 the applica'II ~ beneftt from the meclcal Ul8 of marijl-.; ANO
14
IS v) A COPY OF A SECURE N«J IIERIFIASLE IDEN11TY DOCUMENT, IN
16 C01FL1ANCE WlM Tl1E SECURE N«> VERIFIASl£ IOEHTTTY DOCUMENT
17 Ac:T, C.R.S. § 24-72. 1-101 ET SEQ., FOR Tl1E PATIENT ANO PRIMARY
18 CARE-GIVER, IF ANY IS ~TED.
19
20 C. In order for ■ rrinor appic■r,t lo be pieced In the rwgillry and lo receive ■ nigiluy
21 Identification card, the rrinor ■pl)lic■nt mull rnide In Colonldo and a p■renl l9lidillg In
22 Colorado muat coosen1 In WIiiing lo -■1 the minor applicant's primary ca~.
23 SUch parent muat albnlt ■n 81)!)1k:allon form IUpplied by the -■,1menl. The pnnt of
24 the minor applicant muat provide the followlng lnfoonation with the application:
25
26 I) The ■pp11cant'a n■me , ■ddleM, d■le of birth, and IOCial ll8Cl.l1ty nombef,
27
28 R) W1llion docunwdallon from tMI of the a,ppllc:wta phylldana lh■t the l!)l)blll • 29 has -dl■gnoMCl wllh. delllbling medical ax--. .. delned In ragutatlon
30 &ix and e■ch phy91d■n'• oonculcn lhat the ■!)llllcal'II mlgl'II beneftt from the
31 medical Ulllof ...... ;
32
33
34
Iii)
35
The rwne, adcnll, and 1lllephone runber of the tMI phylici■na who heve
c:onculed the 9')l)llcarlt mig,,,t benllllt tom the medical -of~
36 Iv) Cor..-c from eect, of the eppllcant'a parns l'9liclng In Colorado 1h11 the
37 applicant may engage In the medical use of .-.-: and
38
39 V} Oocumentatlon lhat one of the phylici■na referred lo In {Iii) hn e,cpl■lned the
40 ponlbie nm ■nd beneflte of medical lM of malijunl to the ll!)l)Ucant and e■ch
41 of the applicant•, parent& retldlng In Colorado.
42
43 0 . To ITlllinlain an elledlve registry identltlaJlklfi c;anl, ■ patient mull annually mubmM 10
44 the department, Ill lealll lhlrty daye priorlO the expiration dale, updllled written
45 doamanlation of the lnfoonllllon !eqlQd In pngn,phs Band C of 1h11 ragutatlon. In
46 8ddllion, the patient muet provtde the name and adct"81& of the primary~. r any
47 is d8lignated at auch time.
48
49 Reg11111ion 3: Verltlc■llon of madlcat lnform■llon ; l■lu■nc:■, d■nl■I, l'IIVOC■llon, lftd form of so teglwy ldelllllleallon --SI
52 A. The oepar1menl shall verify medical lnbmation C0l'C8lned In the patient'• IIJjlllcal!on
53 withln thirty daye of receiving the appllcatlon. Verttlclltion al medical lnformlllon ehall
54 CXJnSiat of delennlnlng that thele It documentation llalll,g the applicant ha • amnt ss diegnosla with a deblltatlng medical ccnditlon 81 defined In regt.ULIJon llx by • pl,ylidan
56 who haa a aJm,nt llcenw to practice medldne luued by the State of Coloredo. • 2
ORl\l''T 01/02/2009 • 1 B No more 11\an five days after venty,ng medical nfomlation of the applic:anl, the 3 depal1ment shal tSsue a senally lllllb«ed reg!Stly odenlificabon care ro the patJeot. The 4 card shall state tho foffowlng: 5 6 1) The patient 's name, address. date of birth. and socoa1 secunty number. 7 8 ii) TI\at the patianra name has been certified IO lhe deparunent as a person with a 9 debiitatJng medical a>ndltion. -eby lhe person may address such condition 10 with the medical use ol marijtllana;
II
12 ii) The dale of oSSIIIOCe ol such card and the date of expirabon. whld, shall be one
13 year from the date of ,ssuanoe.
14
15 ov) The name and address of the patient's pnma,y car&-giver. ~ any is designated at
16 the time of application;
17
18 v) HOil' to notify the depal1menl of any change In name. address, medical slatus.
19 ~-or prima,y ~ 20
21 C Exl:epl for ninor appllc:ants. WMre the def)el1ment fails witlwl thirty-five days of rece,pt of
22 application to issue a regislry Identification card or falls to issue verbal or written notice of
23 denial of such applleatlon. the patient's appllcatlon for such card win be deemed to have
24 been approved. "Receipt' shall be deemed to have occurred upon delivery to the
25 department or deposil In the ..Umed ,&States mali.. No applocation shall be deemed
26 reoeived prior to JuM 1, 2001
27 • 28 D The depal1menl sh8fl deny the application W l detemines that lnlomul1ion has been
29 falsified or tt camot verily the medical infonn8tion as pmvided ,n pe,agraph A of this
30 reg,Mlion. A patient whose appllcalion hat bean denied by the department may not
31 reapply during the afx months foflowing the data of denial. The derial of a registry
32 identification card ahllll be conllidered a ftnal agency action.
33
34 E In addition lo any o1hef penalties l)(owled by law, tho department shall revolte for a
35 period of one y-the raglslry identification card of any paliln wld to t,a.., wllflAy
36 VIOllled the -ol Section 14 of Amendmn 20 of the Coloredo C<>nslitution or
37 the implemenllng legilfalion of Sedxln 14.
38
39 Regulation 4: Change In applicant lnfonnatlon
40
41 A. When there has been a change m the namo, eddress, physician or pnma,y canrgiver of
42 a patient who has been Issued a regls~ ldentlflcatJon card, that patient must notify the
43 depattment wi1hs1 ten days BY SUBMITTING A COMPLETED AND NOT ARlZED
44 CHANGE OF ADDRESS OR CAREGI\IER FORM AS PROSCRIBED BY THE
45 DEPAR'IMENT. A patient who has net designated a pnmary care-gr,er at the ~me of
46 application to the depar1ment may do so ., wnt.ing et "'f'f time during the effecdve penod
47 of the registry idenllftcation card, aid the primary ca~ may act In this capacity after
48 SUCh designation. THE DEPARTMENT SHALL NOT ISSUE A NEW REGISTRY
49 IDENTIFICATION CARD TO THE PA TI ENT ON THE SOLE BASIS OF A NEW OR so CHANGE OF PRIMARY CARE•GIVER
51
52 B A patient wt.o no long« hn a debiilabng Medical a>ndition as defined In reguation six
S3 shat return his registry ldeliificaticn card to the depanment IMthin 1-ty·lou' holn of
54 rec:eimg such onlormetion by his 01 t.-ph\lldlll
S5 •
DRAFT -01/02/2009 I 2 3 Regulltlon 6: Communk:atlone wllll IN enfotcement offlclala about~ In 1M rwglltry 4 A. s 6 7 8 9
10
ll
12 e.
13
14
IS
16
17
18
19
20
21 A.
22
23
24
2$ B.
26
27
28
29
30
31
32
33 C.
34
35
36
37
38 0.
39
40
41
42
43
44
4S
46
47
48
AIAharlzad~ or.-. orlaclll .., • ._ .. ,,., agenc:11e 11111 be s,anlld acDM to lhe lnlonnllion contained wllhln lhe cllpnnlnl'a raglllry arty lor lhe 1)1.rpoae or "9l1fytng that an tndMdull who ta~ a i.g1a1ry ldenllftcatlon can:1 to• -or b::al ......... , ... Olllc:III la ...uy il~ol Mfl cad.,,.,.~ ... ,..i1ouhorind.-.orlacllllN•llc..ca,,.,_...whalw•pallarf•ragillry lda.illl'ailloi1 can:! ta bean auapanded becalM lhl p■llant ro longer haa I clllblftlling
medlcal oondtion.
~~or.-.orlaclll••itc..ca1••~111111rnmac1■-1yrdly
the daparlmWllwt-,.., para, ii~ or a l9giall) ldai.tllc:ailb 1.:wd r. bean
clalermiled bl' a oaurt ol IN to~ dully wlollad the provtatcn ol lhla Nellon 14 ol
the Cclcndo 00nllMlan or I. ••••••111 laglalallan, or r. pied gi.iy lo MIi
olara.
~ medlcal con:lllcna .. dallnad • carar, glaucama. and Wadlon wlh or
poalllwa ..... tor.._ ffllll.l10dalclwua. Pllllenla l.llllar;olng ~ lor auct,
condltiana .. dalnad • hMlg • dat1alllng macbl canclllon.
~ medlcal cordlon.., lrd.daa• c:twonlcor ~ clNNaormadlcal
canclllon CIIW e-., HIV lrlac:tlon, .-..or glauaama; or._. tor MIi condltiana,
wlictl p,-ocu.a tor• apactllc p■llant one or men olthe tblowlng, and torWllcll, ii the
p,olaaalarw aprion olthe ..,... llh,lldln, MIi crnlMan or C0ldlarw ~
r-.blybe ■----lbl'themacbli.-al,_...~--
naw; ....._ lncludilgO-lllltnd ■UiilalL..faplapay; orpal1illartrnuada
apan■• lncludilg._llllt nd■U11ia1Lcilnulpla--.
~ who i-heel • dlaljnoaa or• datllllllrG mac1ca1 canc111on ii the peat tu do
nal t.wacllwaclaaNa and nnallnlargoilgnllr!WC toradlcancllan .. 1101
utait,g tan• --..ing madcll coni11on torwhk:11 .. madcllim or...-1a
Nhollmd.
Beglrring JIN 1, 2001 , h dlplflmanllllll accapt phyllclan or palitnl pdor-. to add
--.ilng macbl 00ldlana lo h lat pllMdad ii~ A and B of Na
~-Tha dep"'1lnent 11111 d■-rmfna If• pu,lc rulamlldng 1-,tng lo rnocify llwa
~ ta~. 111d If ao, 11111 pajlllorl lhalloanl or HNllll lo aa1 a c.-tor
MIi ~ wlhil-'uldnld iw.,iyay.or,__ or .. p■llantor llh,lldln
pdan. Wlha dlplflmanl..,,.,_lhlt a pu,lcrulamlldng ~ la not IIAffllllla,
ft at.I rdly,. ~orb adlanwlhil one luldnld alghlJ ay. ol,__ or
aubmlallo.1 cf tile pajlllorl. In iNldng II dallm1lnlllo11, the dlpnlw,t wll con■idfr
w11a11w 111n • r~ Mthe propoaac1 OOldlon 1a dW'onlc, dlllalllng. and-,
be......,diagnl;Md, ■ndwhalwtt■w la acial'M:IMdaratllt ....... lMl'I
~~t.w,baiialldlllllilc:I.
49 so
SI
52
53
54 ss
S6
Regullllon 7: ~ of ... lo pay for.......,..._ aftlle madlcal u .. of ~....-
'n,e dlplflmanl 11111pnMC1eaac11 ■pp1can1w1111n1om1111on conca,iqe. medlcal ..-or
~ program. Thadlplflmanl 1111100lacl nlnaCydaln tan-■dl applcatllllll llmaol
app11c111o1i1o ,..,1or .. ~anc:t ilclrac:tcmaloaclrniallr,.medlcali.-at~
program. Such IN ahal nal be l1IMCllbl9 lo the ■ppbnt If the IIIJl)ilc:l,llo la dlnlad or nMJked
4
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DRAFT -01/02/2009 • I °' ~ the patient no longer has a debllilating medical ccndilion. The amooot o1 the Ille 11\aN be 2 evaluated ennually by the department, and the department shall propose modilicatJonl to the 3 board, as appropriate. tt the patient Pff)Vldes updated lnlonnation at any time during the eflectiye 4 period of tile registry ldentificatiOn cerd. tile department &hall not charge a Ille to modi!)• the S registry Information concerning the pallent. f,6011JOJ101J1
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Colorado Dep■r1m tn f or Public Health Mnd E n"imnmenl Medical M1rijuan1 R~ltlry Freq•tnlly AJktd Questions C.an )IOU rerer me 10 • doctor? No . II is the n:sponsibility of the patient to work with a physician with whom he/she has a bona fide doctor-patienl relati onshi p. Where do I 1et lbt -• or pllDIJ lo , .. n crowi ■& medir.al marij ■1 ■1 ? A.re tbere dab., or or&■aiutiou tb ■t ltelp p■tie■ts to crow or ■cq ■ire their medicine? The Medic:■J Marijuana Registry is not affiliat<d with any privately operated club, org111ization or dispensary and is not authorized to provide information on acquisition of marijuana..
W~ere a.a I lesllly ... my mediciae?
No potient shall: Engage in the medical use of marijuana in a way that endongcn the health or well-being of any per.10n; or engage in
the me<ficll use: of marijuana in pWn view of, or in a place open to, the gcnenil public. Law cnfon:ancnt has informed the Med icll
Marijuana Rqistry of the following : Any place outside oflhc patient's home is eonsidertd public. "I n plain view" Also includes the
patient 's yard or pr-age if that patient a,n be seen using their mcdicine by ncigllbors,
WIiy coo't I Co to• purmocy to fill a pracriptioa ror medlail morijo ■u?
Phannocics can only dispense medications that are prescribed. MorijUL"I is currently classified by the federal govcmmcn1 as a
Schedule I drug, which means it cannol be prescribed by my hoalth can, ,...,fcssional. Amendment 20 allows doctors to n,;omm,,nd
marijtwla, and it allows patia,IJ to gow their own mcdicll marijuana for b.'eir private use.
How ia my <0ofld .. tioUty protected?
Your eonfidc:otiality is protcctcd by law and by the procedures used by the registry . No lists of doctors, patients of ~vcrs arc
given out to miyonc. LAx:11 law aiforocmcnt may only contact the registry to verify the information on • specific identification cord.
The rogisuy dmbue resides on • mnd-llone oomputcr and is password prof.med and cncrypl<d. The office and all of its contents
.,.. locked II night when the registry adminiSlntor is out of the offia:.
How does •r ard proCect me?
A patient may engage in the medicll use of marijuana, with no more marijuana than is mcdicllly necessary to address a debilitating
modi ell condition. A patients modi ell use of marijuona, within the following limits, is lawful; No mo,e than two ounces of a usable
form of marijuana; and no more than six marijuana plants, with three or ti:wcr being marure. flowering plants that are producing a
usable fonn of marijuana .
I do not ~an t~e aoooy ror ~• b. IJ ii • oat-time poymHt! Cao It be waived! Coo I make i-U.eot poymnb? WUI •Y
iuuraace pey?
Full poymc:nl must be made ot the time of application. The fee must be plid with the renewal application each year. The fee cannot be
waived, and the rqistry eonnot accept installment payments . Insurance companies arc not r<quircd to pay the fee .
Wb ■t if I mo"e or my ca~c:r •ova? W••• if I waat to c•••ce my nncinr?
When~ has been a change in the name, address, physician, or primary can,givcr ofa patient who has qualified for a regisuy
identification cord, that plticnt must notify lhc rogistry of any such change within ten days. A patient who has not dcsignlled a
prim:try ~•er at the time of applieotion may do so in writing at any time during the c1Tec1ivc period of the registry identification
card. 111d the primuy ~•er may oct in this C1p1City after such designation.
C■n I u,e my Colorado Medial M■riju1 ■1 Recistry kle•titicatio■ card I ■ ■■0H1er .1tate?
At this time, there ore no "reciprocity" agn,ements with other states to n:cognizc lhc Colorodo law except in Montana and Rhode
Island .
I 1.m • ""Ci,ltered patitet i■ ••oth~r st■te. do I Uve ■ay lec■I ript ro 1111: my medicioe while vbiti ■I!: Colorado'?'
No, Colorado's law docs not recognize patients rcgistcral in other ... tcs.
Does tho Modlcol Marijo ■no Aoptry pve free lesll odvitt?
No. patients~ on their own to seek out legal advice or hire an attorney .
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Colorado Med ical Marij uana Registry Appl ication Instructions lnatructlon■ for applylni for a -lcal Marijuana R-Cl ■try Identification C.n:I ou must complete the Reg,st,y application form and ask your physician to co mplete the Physician Certoficat1on form . If the apphcant Is a minor or you have more questions. please contact the Reg,stry at 303.692.2184 . Before sending materials. please make sure your app lication packet Is complete . Incomplete applications will be returned to the applicant. IJ APPLICATION FOR IDEMTIF1CATION CARD • Please . legibly complete th~ entire application form. • You may choose to designate a caregiver. although you do not have to. A caregiver Is defined as ·a person. other than the patient and the pauenrs physician. who is eighteen years of age or older and has significant responsi bility for managjng the well -being of a patient who has a debllltatlng med ica l oondltion." • Complete the ph)'Siclan Information.
• Sign and date In fro nt of nota,y, and I1ave notarized .
□ PHYSICIAN camFICA110N
• Your physician must oomplete and sign the phySlclan cer1K1callon form .
• Only an MO or DO licensed in good standing to practice medicine in the state of Colorado may sign this fo rm .
• The Registry must receive your complete application within 60 days of the phySlcla n·s signature.
IJ A LEGIBLE PtlO'IO COPY OF A PtlO'IO ID lMAJ EIITULISHB COLORADO RESIDENCY FOR THE PATIENT MIii
CAREGIVER (If 11 ,.,......,
(drive(s licen se. state 10) See below for other opt ions . Broken or tampereo Io·s are not valid .
IJ NOIMIEFVNDABLE .. 0.00 APl'UCAJH>N F&(ched< or-o-par-toCDl'HE)
We do not accept temporary checkS and make sure form of payment is signed.
IJ SEND ALL Of THE ITEMS~ TO:
Co lorado Departmen t cf Publ i<: Health and Em1lronment
Medical Marijua na Reg)stry or MMR
HSVRO.MMP-A1
4300 Cherry C,eek Drive South
Denver, CO 80246-1530
TIie Reg}stry Is not affiliated with any p,tvate/y operated club, c,ganllatlon, or dispensary.
PATIENTS AND CAREOIYIR 'I l'ROOF OF IDENTITY AND PWOOF c>F RElll>ENCY IN COLORADO*
At 1-1 of-follow! ....
Colorado Drlve(s License
Colorado 10
Temporary Colorado Driver"s License
Temporary Colorado 10
Or at -Z of-hllowlq
Minimum of 1 lrom Ille r;roup of ID'• below •
Out of State Ortve(s License
Out of State 10
Passport, Military If' Tnba_l I_D _____ -i
And a Minimum of 1 Irr ,1 Ille r:roup below •
Worlt Identification/paycheck stub/W-2
Utility bill , med lcal(insurance bil l or cable bill
The ab<M! Items must show a Colorado ieslcience
• All Documents must be currontly valid/
At IHat -of 111-doculNflta 111..at llhow -appllcaltt'a data of birth. 1-------------------------------------
• Incomplete applleatlons will be ret urn ed to th e applicant
• Ke ·1p co pies of all the documents you submit to the Registry. For proof th at your application has been submitted,
yo, nay want to send your dppllcatlon In by certified mall .
• The applicant will receive one card with the patient's Information and caregiver Information, If designated.
The care giver will not receive a card .
• • Please check our web site to fond the latest time estimate for processing applications.
For mo re Information. please visit:
www .cd phe .state.eo.us/hs/med1ca1manjuana/marljuanalactsheet.h tm l
Medical Marijuana Registry PHYSICIAN CERTIFICATION Instructions: Please complete all the Information required on this form OR provide relevant portions of the patient's medical record that contain all the Information required on this form. Sign the form, and keep a copy In the patient's medical record. The patient will submit this certification along with his or her application for a Medical Marijuana Registry Identification card. This does not constitu te a prescription
for marijuana. You may contact the Registry at (303) 692-2184 if you have any questions or concerns.
ATIENT NFORMATION
NAME (IAST. RRST. Mlt
PHYSICIAN INFORMATION
NAME (IAST. RRST, Ml ):
MJ.''JNG AOORESS:
CITY, STATE, AND ZJPCOOC
PlfYSICtAN'S STA'IDIENT
Do\TEOFIIUl'llt
TEI.EPliONE NUMBEA:
FAX NUMBER:
PHVSICIAN LICE.NS£ NUMBER
DR•
The abcM!-named pa\ient has been dlalJl(l5ed with and Is currently undergolng treatment kif Ille lollowlni chronic debillatlng
medal condltlon: (~ appropriate bOXes.)
1. 0 tance<
2. 0 Glaucoma
3. 0 HIV or AIDS positive
OR A mrdlcal condition or treatment that l)IOduces. for this patient. one or more or the following and which, in the
physician's professional opinion, may be alleviated by the medical use of marijuana.
4. 0 tachexla
5. 0 severe pain
6. □ Severe nausea
7, 0 Seizures (Including those char&Cterlstle or epilepsy)
8. 0 Persistent muscle spasms (lncludln& th= characteristic or multiple sclerosis)
Comments:
-
I hereby certify that I am a physician duly licensed In good standing to practice medicine In Colorado, and that I have a bona
fide physician-patient relationship with the above-nemed patient. I have assessed this patient's medical history and current
'lledlcal condition, and I ,conclude that this patient may benefit from the medical use of morljuana. This assessment Is not a
, f)fC$Crlption for the use of mar1Juana.
PHYSICIAN'S SIGNATURE: I OATE:
... _,.,
•
I
Medical Marijuana Registry Application Form PLEASE SEE BACK OF THIS SHEET FOR INSTRUCTIONS □ N!cW □ REN EWA L This is 1/'ie "rsr time I've applied In Colorado , I have Ileen on me ColorodO Reglsr,y before. Lil!,t Name (,s it IJJPUfS on your ID) FlrSt Name (as ftlJl)DOrson,ourlOJ Middle lnltial I-z < Malling Address City County Stets Zlp Code 0 ' :::i I C. ,,,., SOcla l Security Number Oate of Blrt/1 Te lephone Number Gender 1'.
--I Alternate Number M □ F Cl
□ :ri-I Last Name (es tt ,,,,,..,. on 10/ I First Name /es tt ,_.,. on ID/ I Middle lnltlal
(Ski p -,.reio,.,,, IIOCllon)
a: w I--
> Mai, Address City State Zl p Code a w a:
~ Date of Birt/1 Telephone Number Al\emate Number
I I • .
Last.Nome ArstName MIOdlelnltlal
z s Ma lling Address City Stele Zi p Code 0
~ ::c
C. Telephone Nu mber Fa1 Numbe,
WARNING! THE USE, POSSESSION, DISTRIBUllON , AND MANUFACI\JRE OF MARUUANA REMAINS A FEDERAL
CRIME IN COLORADO , AND POSSESSION OF A REGISTRATION CARD PROVIDES NO PROTECTION WHATSOEVER
AGAINST FEDERAL CRIMINAL PROSECUTION .
IM1193§16N!Mii¥11·611,ll·li,,hlil ·l,i?Ji·lii 3iMl9,1,,l·l@i
The Aop llcant's Signature has been sat,.-,, lbed and affirmed befo re me In tho county of ---------~State of Colo!lldo.
th ls ____ dayof _______ 20 __ •
• (Not.ar(s Offtciat Slinature)
(Commission expiration dato)
Colorado Department of Public Health and Env ironment Medical Marijuana Registry PARENTAL CONSENT FORM (Patients leu than 18 years of age) lnstruc6on•,: Pleose cumplcle all rcq11irod infomwion and rewm thlt Par<ntal CoN<nl form along with lh• Applic:ali•,n, the Physician's CatiAc:alion form, 1 copy of I pllOIO identi6Cllion such u I driver's licmse, pn,of of Col ...... residency, Ind O IIOl>-n:fundablo S90.00 opplicolion r .. lO! Colondo Dq,or1ffla1I of Public Haith and Eav'.cnma,i. Medical Marii-R,aimy, HSVR-ADMl-A I, 4300 Clw:ny C.-. Drive SOUlh. Denver, Colcndo
""246-1530. You may conlllCl lhc Rqislry • (303) 692-2114
All ~ raidina in Colondo must sisn lhis .,_, eor-fom,. One parent must be dcsigiw,,d as the primll)'
r.:11 rl"'OIVCf,
PATIENT INFORMATION
NAMB(I..AST. FIRST. Mil DAT80, BIR'TU
PRIMARY CAREGIVER PARENT
NMUl(I..AST, FIRST. Ml): DAT801' IJIRlll
MAIUNO ADDRESS m.Jll'IIONE 'iUMBERc
OJY, STATll. ANO ZIPC!ODE.
StcONI> PARENT
NAMS(I..AST,FIRST. Mlt DAT80, BIRlll
MAlLUIO ADDUSS, mDIIONE NUMIIEa.
crrv, STATE. AND ZIP COOB.
I comenl 10 the use of medical marijuana by thc patient named above and agroe lo sc,ve as the
Ollic,nl'S primary c.an,,riye,,
PAA ENT CARJlOIVEll SIONA'llJIUi DATB.
I consent 10 thc use of medical nwiiuana bv the ,wient named above.
SHl0ND PAAENTSKllll,nme, O,,Th
WAANlNm , nc USE, POSS£SSION, DISTRll!UllON ANO l,IANUFACTUAE OF MARIJUANA REMAl'IS A FEDERAL CRIME
COlORAOO, ANO POSSESSION OF A REGISTRATION CAAC PRCMOES NO PROT£CT10N W111. T!,')EVER AGAINST
FEOEP 'l CRIMINAi. PAOSECVl'ION.
IN
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AMENDMENT 20
CLARIFICATIONS
•
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Colorado Amendment 20 per Nancy Reid on 9/9/09 Planning & Zoning Commission Meeting Audio Recording vs. As Written, Assembled by Jackie Edwards When I listened to the refere nced audio, I noticed numerous discrepancies in Ms. Reid's explanation of Amendment 20. Ms. Reid Audio A couple years ago, or maybe 3,
Amendment20
was voted in
P .,tients need a note or letter from their
doctor; it's up to the state how detailed
Patients take the letter to the Health Dept.
and get their Medical Mariju ana Card .
Caregivers, dispensers, growers
As Written Amendment 20, approved
by Colorado voters in
November 2000, [ effectiv e
June 1, 2001, 8+ years
ago)
[Specific Registry forms
must be completed in blue
ink. Please see Registry
instructions, FAQs, and
forms included in this
packet. These are also
available online.
Patients can either hand-
deliver the forms or use
certified mail with a return
receipt. Please see
Amendment 20
concerning application
processing a nd registry
card procedure. It takes
quite awhile to process the
paperwork.)
[The entire explanationS
Ms. Reid gave for these are
completely mixetl Uf·· A
couple of points: tt.r
dispenser is not
necessarily a prim~•
caregiver, nor is the
grower. Patients are not
req ed to have a
ca reg. ver and can grow
their own. Please review
entire section about
caregivers, dispensers,
growers, & quantities.)
Seller cannot have employees unless employees also have caregiver licenses. The definition of caregiver is "kinky." [This is nowhere in Amendment 20.] [Please refer to the Amendment.) [Note: Ms. Reid's confusion of facts is understandable. It is imperative for whichever group of people wbo recommend/decide tbe planning and zoning for
medical marijuana caregivers, dispensers, and growing facilities to have a clear
•rnderstanding of the various relationships involved. The grey areas involved
·,id! these relation.~bips are where numerous Colorado municipalities are
liuding common difficulty.]
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CANNABIS MEDICAL • THERAPEUTICS
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I; B -----~ --3 ;. f ~ ~ ~ ._ ! g -r. .... c-=.r. ., ... .,._ 9., ....
Clinical Confe rence on Cannabis l"herapcuucs l'aticnls Ou1 of Time l'al'r ~ nf1 The wos sponson:d b) lhe College ofNUB1nc and lhe Colqc ofMcdocNIC oflhe Un1ver>1t) of -. This sponsorship "'IS cririal 10 our won... h enabled lhe agenda ID be a=<diled ro, p,ofessional edU<aloo n ro, MD·s. R.N 's. SW-s. 1o·s and oilier prof=io<lals To be so honoRd lhe &cuhy and lhe pn,senwion< hid"'"""' lhc ltighesr or iu:ademic standards, All conferences in lhc ,aics have n:cc:ived lhis accm!~cd mrus. The eruirc amicrcncc WIS broadcast live 10 v,rious loouions including McGill Univcnity in Canada Md 10 lhe hculh education networt of the Siae of On,gon. The facully w;,s of lhe highesl quality: lhe pn:ss response supponive and lhe studies were presaited under 1hc theme of Science B:ised Clinical Applicrlions lhis l'onn<,d • benchrrwl< of knowledge from which lhere has been no rctnat OuT secood conference wos spon<Offd by the Hc:ald, Dqmmrcnt of lhc S...., of On,gon. lhe Oregon NIA'SCS Association and other groups. The t'acuhy included a number of spcalccn from Euttpcan countries 1,,d we
involved lhc hemp oommunily in lhc pn,a,cdings by dita1SSin3 the positive impact on health dw cannabis used as
food, hemp. prolTcml for sidt and well lliltc , The main focus of lhis forum w;,s 10 discuss pain or Ill types. since
over 70% of die Oregon palicnts rcpotted l)ftin relief os their primory purpose for 1hr use of cann:ibis.
The was held in May of2004 in Clwlonesville. VA.
II was co-sponsored by the Vi,ginis Nines AJsociadon. the Pain Management Ccnrcr and lhe Medical, Law and
Numng Schools of the UnivemtyofVuginia, knowft in lhc US forits~veways. The facully iocludcdthc
wortd·s finest cannabis rescan:hcn. clinicians, policnts and cangivcn from lhe US, Eni;land. IS111Cl and Canada.
Al this venue cannabis use IS medicioc ranged from rhc thcnpculic use by infants and ::hijdm, 10 iu with Ho,picc
paliems.
OuT Board of Director,; includes fouroflhc seven US fcdcr.tl cannabis poaicnts left olive. Irv Rosenfeld. George
McMahon. Comne Mi llcl and Bartior., Doui;las and a ftlU. poticnl. EJvy Musil.l:a. is our 'lallonal spol:cspcnon
(lhc other rwo pllients wish u, n:main """')1IIOl1'). In lhc ,pring of2001 in Missoula. MT, fo..-oflh< p,,1imls
underwent an C1C1CnSive three-day exam ination or every sysu,m in their body ro dccc:nninc the long tmn effecu or
cannabis. Known widely os The Missoula Chronic Use Study. the inveslipkl<> concluded that aft« using cannabis
thcnpeutially for a Bnll" or 11 to 27 years. with • dost of nine cured ounces per mond> for l3amn and olhcn.
and cle\,cn cured ounces "'Cl)' 26 days for Irv. they were all in fme condi1ion cumpting lhcir original illness and
lhc wear 111d ear or age. We assume Iha! lhc fcdcnl govcmmenr never bolbercd 10 conduct such long-tenn studies
ba:at<w: ~ did not "-JOI Ill tcientifocally validal,, lhedflCIC)I of cannabis. A thoroua), moiew ofthcSllldy. Chronic
Canrabis Use in rhc Compassionarc lnvestiptional New Drug f>rosrwn: An Examination o fBcn,fits and Adven;c
Effects o r Lq:al Clinical Cannabi> was published in tlrc Journal or Cannabis Thcrapcurics and is available for
n,vi,,.. here:
Press and journalist cootaa: Al Byrne
ph (4:14) 263-4414 fax (◄)A) 263~753
hltp:/lw,vw.mcdicakannabis.co m/conl'crcnce.htm
2008
I
lll/22/200'.l
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Oinical Conference on Cannabis Therapeutics I Patients Out of Ti= Page 3 of3
1-'«r o,nr.,...,... for Spring 201 o
http://www.medicolcannabis.com/co nfcrcnce.htm 10/22/2009
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Methods of Using Cannabis Medical Therapeutics Smokin g \mo~,ng cannabis produce,, the most immediate clTects and pcnmts the most refined control of your dosage. Smokini; any material is not good for the lungs. but that is the most common wa) 10 use it. II is hcncr to smoke the nowcrs rather than the leaves u., this
is where the most potent pan of the plo.nt propcnies concedes .
Vapo rizing
Vapori1ing is heating of cannabi s to the point of combustion where smo ke is produced.
At this point. rnc and other active Cnnnabinoids are emined with lit Lie or none of the
carcinogenic tars and noxious ga.,;cs found in smoke. This method is most effective for
Asthma and will help cure most of asthma narc ups. EITectivc relief from inhaling
through vaporizers is the newest way that has been discovered by patients.
Ingesting Cannabis
Cannabis can be eaten. When consumed this way. it is usually baked in brownies or
cookies. and sometimes made into a enndy . It takes longer to feel the elTects when eaten,
and may take longer for you to learn to control your dosage . This is the most effective
way 10 building up your O"" cndocannabinoid system. However. when you do feel Lite
elTccts, Lltcy will feel much dilTercnt from smoking iL You may also feel cenain
hca,·iness in your body. This will not hurt you. Schedule your time so that you can relax
when you lake iL You may also need to cat it several times u day like butter on toast in
the AM, Tea for lunch and cookie after dinner. This will keep you stable all day and
tlirough the night. There is some complication that I have come across with this method.
Patients that have poor stomachs or swallowing any pills. Some have reponed upset
stomachs or nausea.
Tea
Like other herbs. Cannabis may he made into a lea. There arc several methods to making
Cannabis Tea. This I feel is the most clTcctivc way to keep your Cannabinoids and
tricepcnoids levels stable. This is most elTcctive for relief of pain when your at work and
can ·1 smoke and your break is in an hour. No si de clTccts have been rcponed.
Tinc t ure
This method of ex1J11Ction as been US<.-d for thousands of years all the way back 10 the
biblical times and dark adages. This method is the most elT~'Ctivc and fastest way 10 feel
pain relief. There are all kinds of ways to make a tincture. two most common arc alcohol
and glycerin. There arc mnn y more extraction methods 1h01 urc used with tinctures than
• we con talk about in one session . Look for up coming cla.~scd on all difTcrenl ways
Oils and Creams This method has been used longer than you can believe. This you can get at any health food market, beauty supphJ store. Hemp products contain all the properties that help u s fe~I balanced. There are soaps, creams, bubble baths, massages oils etc ...
Hot a nd cold compresses
This is a method that has been developed through the patient
collectlve effort by being guinea pigs. This Is something I
discovered in my own research and testing. Want to know how
it works and how to n 1ake pain packs?
CALL ERIN MARCOVE C.M.T.C .
#303-880-1563
WWW .CANNABISME DICALT HERAPEUTIC S.CQM
erin@cannabismedicaltherape utics.com
WWW .CANNABISTHERAPYINSTITU noN.CQM
CONTENT COPY RIGHT 2009 ERIN MARCOVE C.M.T.C.
ALL RIGHTS RESER1• c D
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-...1 :-11:,I\U.'l .dLIJH.\l.!Tt'J-:1'\'~1!1 l'J,j 1 1 .:'\:-: • 1 :1~ m::,rI' ,·.n:· . · 1 1. Cannablnoios stimulate special receptor s~es on lhe brain lhal affect body systems trigge,"1; e chain ol tempora,y psycholog,cai and phys,ologlcaJ effects. lnl1'allt ~ has a stomulan1 effect. tolrwod CJ\ relaxa1,on an1 overan reduction in Slr ess. An11tges,c ottect. Blocks m,gra,ne 01 smzurcs. Helps m,un01c o· concrol symptoms ot mulllplo sclerosis (MS), spinet Injury epilepsy. Enhancos sense ot humo1 ano of well-being. CaMabls has synergistic effects with oplatos and other drugs. Nol all cannabis has IN> ...,,,
potency 01 effect May cause dJowa!Mss. d1sttac1Joo, paranoia 0< an.,ety
2. Cannabis reddens and dehydrates the eyes. lowers lnlra-oculaf pressure. \
3. Stils ringing In aara (~nnltus).
4. Dehydrates the moul h, slimula::------,__ "'-.
appetite, enhances fta..,._ and la51~~
0
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5. Smoked or vaporized , cannabis has anli-phlegmat,c -
and expoctorant effects 10 clear lho lhroal and lunga.~,..
11:1 bronchodilator effect Improves oxygen intal<e tor ~
aslhma. Smoke can lnilate the mouth, lhroal and
~:~:v:c:~~~~~~1:;!~nih\'~ru lngestlon ~
6. Acoeloralos heart beat and pUlso. Diates bronchla,
alvooll and blood vessels. When cannablnolds a1e
Inhaled, the lun~• and cardiovascular system add thera lo the bloodslream lbwWlg 6recll)' to the bra,n. This ls
an extremely laSI and effecliva delivery sysl'3m,
7. Stimulates appGtite. Seltles the gestrointestlnal 7
lraCt. C8lms 1tom81:h. Reduces nausea and rr·z vomhing (antiemetlc). Soothes motion sickness and /l/ \
various side effecls ot radiation and chemotherapy. '
'
8. Uttle or no enact on reproductive sySlam ----z
Cennablnolris r:ross lho placenla wllnoul mulogonic
effoct. Used as a mild ap/lrodislac and lo .,,~ance l he
S< 11Ual OJPerlence.
9, Soothes folnta. Anolgesic etto.t reduces pain. ~ \ \
Anll~nnammalory, t,elps arthritis and rheumatism when
laken araly or applied lopicaly _,/" )
10. Aelaxos muscles Roduces muscle cramps, ~ ~
ainwlsions, spesms, alma and oll>er neurological ' .· ormovement~=~s '
t 1. Vasodllatlcn carries blood more qulcl<ly from lhe exlremmes / 4 lowering overall body lernp<,ralure. Helps reduce fever.
12. The body's C;,-lluues collect inert ca11nablnoids lor hrumless disposal lhrough urine or laces. j
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C,rNb/s Y,elds and Doug• · Page 3
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rage J. ot _ • Add .75 to nd1 T ••lae for bo•r. p1acru1,, ~ partirio■ todTkklll W"alH 1;,.■Q n lal'Jd silt Medkal CNMdtrado■t Oplo,. 5)'kt17 o SimU.r tAMl' npllldt■ .. 6or,el ~.,.. It 111"'"4•..a.ak Ind o I policol ~ tn. 6'Nlio ■loC o..,_:o ... ,uublo ll<lp,d IO ,...tly o Advkc patinb talda1 •pl.ta NI .. llop ... If aa .. W. Wpt 8'NdP·,._.,. o v.,,.1o,-1<,, PPAllp■--111, i-■naP, .-1o1■r o .,..,..,._lBl,-Tlll,IP.-r.-.,uklo• o CauolN •r ,..foHd --411oMn(olln .. ) dlom
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2/22/2009
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COLORADO
MUNICIPALITIES
C'annahis Thrraoy lns1im1ue -\1cdical Cannnhii,. (Mariju:ma) Research. ~duca1ion and .\d ... Pa~e I of:: •
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annallis 111er11v nstble Rome I <.an nabi.o 11,..Jth Fo.lr I Modla,J c.nn.b;. Policy G""'p
N._ I About U1 I Donate I Lrpl I nfo. I •·,_ N......,._
Gd )'C)Urp,don In 111,ih T\,noi on Sc-pl. tSOI lhc Caftgi...,.' Cup
i:o,oraoo Med,c,1 Cam1a0tr Pc,llt\ Group 01)(!-... LI!hor
Open LetterTo:
lloulda DmricsAllomq Slan Glm<t1.-Countynimm-..... BouldaCilyCouncil.
Eno aty Council. Den.,.-City Councll, LmY<'lle CilyCcuncil, ~ City Council.
l.auls,,iJlcCityQ,uncil. L<M:Llnd CityCourlcll, llerthwdTDWTIClerl.. Lllri...,.CooNyShcriff'1
off"IOC, °"'"""oCityCcuncil, ond <Kher 1n-..i ,-.n1,s.
To all intCJTSted panie,:
The Cannabis 11w:rapy 11\llirute UI dcdlcau,d lo medie&nal cannabis td~l~n. rac&rd1 and
ad-•· Article XYlll, Soction 14 ol the eo;,,.,,,, Quwilurion, Colorado"• Medial M,rijwona
Amendment, aliCJWit • pat\ent to poaca c.annabl1 fvr m~nal needs. tf 1hc pal\cnl cuu~
obta1o the mc:dicinr for themx!Ya, the Am<ndmott allows them lo hive their primary
carq:iverobtain or grow ii for than.
Tobcttua;cn,ethe needsollhe manypaticnUi wlllo&ff' ft0¥1' t.WngC1M1ba a medidnr.
OlffJi\ws ba,~opcnod modldnol cannobll~ Unlonunl1dy, Colorado"J ~:odlcal
MoriJuanaAmmdtnentcloa,.. ......, • ..,..;-1n...,way,ie..qa~ll"Y.,...lnlhe
law. For i -matl<l'Jtt!Mod IO pn,p,r lU mllmloa. -..ily,and~-nla ...... -
lnaddabon,. wdtnl law lh1J doel aot mnt~•n ~ ror malic:al cannabb,.aating
furtbuoonlusion about Ille law. 11_..., Ille Ol>omo Adrnltastntion baspn,mhtd nae IO
enlort:c rcdcral law in Al\f"C •!-...: h11~ mc.d.ic:111 a.NMlbul laws.•~ a& lbe dispalAflQ 11ft'
following I.heir Slole ond local laWI,
For lhac ~ it ill import.ant to d.llify the righ.1.1 and duties of can:gi,,:n;, :to tNt 1hey may
be oompliant with stale ond klcal law, incl thereby be(bopelully) 1olera1«1 by loderol t.w
cnfol"Ol'!mer'll.
: ;;.~~ =%1:::::r:::::~i.iui:~=.i ~ ~ol~n:r.:-=.i ~,1 ..
Policy Croup wtll devdop model pollciai and tx.l pnoalols ~dclincs (o, n1'dlcol cann1hi,
ealtgh...., dl.;,craarics and COW'<I""" 111111 eon be .-1 lo clarify the cum,nt law 11,ae
guiddlncs will~ .. pan .. nt oafety and privary fomoasl. but aho like inlo oonsldcnllon the
amca-ns ol lhc local --ommuruty and \aw ~mcnt. Our pl is tD brinli: ,.n inltfalcd pa.rde1
l(IKdbft-M> we-:.a.i, ~ • muh&II undfflwlcUna;ol whit i\ tu.c5,n1 .,t.iAf1I undtrtht-
lawto,,p,1...,.ond ca,q;......
We wowd Jiu to uwite you 10 JOin lhk ~ Plra,r JCnd IA an and with lhe mntaa
lnlunnabon of thr ~ta~ of , ... ur an,up who will br your mi$on co the: medical ann1bil
mmmuoity. We look ilrw:ud IO open"" 1 pu111wc and procwdfYC ~ to that we can fflCJl'"t!
forward with our mutWII gonl ol hdpmg pt.tJCnll ~ safe access to mabcaJ cannabi., "-illUn
thegu;del,,,..of lhc: Anlde XVIII , Scdlon 14 dlheColonclo Constitution.
,la$.ln La!l\'C
Medkll cannabis putienl
1..mnKriho
Cannahb. 11\cml, hL'1 1hllt•
+lu·,•tln
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lmp://www.cnnnabist.herapyinstitu1c.com/ncwslool1c v1trouplmcd1cal.c:umabis.oolic, .l!mun... 9/10/2009
Cannabis Therapy lnstilutue -Medical Cannabis (Marijuana) Research, Education and Ad ... Page 2 of 2 HlllatyH~th Colondo420CooJl1Jon .,_Marki TIIC Mlnlouy,llouldff Alexander o..,.Ju NORWl.@CU &laM&nxM CmnobiaModlcolt.pcn lob u,d IClm Cnba, llouldcrpotlaa..,__,.
'"-~""""' Rod,;yMountola~Coopenm,,.
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Calondo Lepl f.Oll,s
Lilw.laS -ob, Primaryc:u.ai-
Dllpt,. J'f Co-Owner, Tnnqulllty H..u.a c.,,,,,
OuuuiW.Theropy-
-· (641) 715-3900 o:t. 70966 Wtb: M,".ClmrL11bisthcrns,,.instltu1c.com
EmaU: lil ;.J -· .....
hup:1/www .cannabistherapyinstitu1e.com/oewslool icvRrouolmedical.cannabis. oolicv .vm,,n Q/ I nnOO<l
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EDUCATION
• AND
SAFETY
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Cannabis Education & Dispensary Safety
Designed as an in-depth guide to medical marijuana
in Colorado, this presentation examines legal, safety,
scientific, personal, and societal consequences of the
nutraceutical' s use as medicine with an intended
audience comprised of both the law enforcement and
patient communities .
I. About This Booklet: Purpose of This Booklet: In the year 2000, Colorado vmcrs passed Amendment 20. which allows patient's with specific debilitating medical conditions lo use marijuana with their physician 's approval. Now 8 years later, Colorado has seen a slow. bul steady incrca,;e in both licensed medical marijuana patient's as well as dispensaries. cooperatives. and caregive r partnerships. Given the extremely volatile atmosphere concerning the medical legitimacy of marijuana in addition to rising patient nwnbers. it is inevitable that a patient. caregiver.
or dispensary will have contact with the law enforcement community. lndet.-d, this has
already been the case in both Larimer Md Denver Counties.
The pw-pose of Ibis booklet is four-fold:
I . To educate the law enforcement community about the legality of
medical marijuana in Colorado.
2. To offer proper safety guidelines for the protection of both the pauent
and the community as dispensaries and cooperatives develop.
3. Give a brief background in science, focusing on harmful side effects,
medical validity, and proper usage guidelines.
4. To open a line of friendly communication between representatives of
both the medical marijuana and law enforcement communities.
Disclai mer:
The contents of Ibis booklet have been collected from peer-reviewed publications.
interviews with doctors. researchers, medical marijuana patients, dispensa,y owners. and
anomcys. None of the authors make claim to practice th~. activities themselves. nor
maintain relationships with individuals whom do so. The licensed medical marijuana
patients whom come before you today d o so out of respect to law enforcement . They
desire nothing more than to share their stories of pain, and how using marijuana has
aJT, cted their lives. In giving a fair perspective on this topic, we also include a section on
the opposing argwnents 10 the validity of claims made by these patients.
Contacts:
Fnr more infonnation on a particular topic, the following professi:mals can be
contacted at:
Legal Questions: Attorney Warren Edson, 303-83 1-8188
Auomcy Brian Vicente, 720-8904247
McdieaVScientificOuestions: Robert Mclarncdc, PHO. 719-262-3135
Manhew Schnur, Researcher, 719-439-0817
Timothy Tipton, court-appointed subject matter cxpen-Cannabis 710-329-5763
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ll. Introduction to Amendment 20: For the last se, en )cars Amendment 20 has alloWt.--d Colorado residents with severe debiliiating medical conditions 10 use marijuana under the supervision of their doctors. Specifically, dcbili1a1ing conditions are defined a.~: • AIDS/HJV • Cancer • Cnchcxia (Severe Body Wasting) • Severe Pain • Severe Nausea • Seizure Disorders • Muscle Spasms • Multiple s,.Jcrosis • Epileps)' • Additional conditions may qualify The chart below is a complete breakdown of conditions for which medical
marijuana recommendations have been written :
Condition NumMr of P11ienb % of R«ommead1tioni
Cachexia 74 3%
Cancer 71 l"•
Glaucoma41 1%
HIV/Aids 58 2%
Muscle Spasms 506 24%
Seizures 87 4%
Severe Pain 1747 85%
Severe Nausea 444 21 %
Plca.,c Note: Some overlapping exists between conditions and lhus pen:entagcs will no1 100%.
Source: hnp://www cdphc.s1a1c.co.us/hs/Mcd1c1lmariJuanalmanjuanaupdate.h1ml
Epidemiology :
The average age of patients is 43, with a rang-: from 18-92 years old. Thus.
Wllike California's medical marijuana situation which has faced numerous attacks from
minors receiving doctor recommendations for use, Colorado has no minors on the
department of health medical marijuana registry. For a minor to become a licensed
patient in Colorado, they must receive a recommendation from two separate physicians .
Interestingly, aboul 73% of medical marijuana users are males. The highest
concentrations of legal patients (43%) reside in the D<.-nver-Boulder areas, with the rest
distributed among 52 other Colorado counties. Approximately 61 % of patients choose to
assign a pril'llll)' caregiver to grow marijuana for their medical needs instead of l!JDwing
it themselves. As of 1/31/08 there were 2051 licensed medical users in the state, ,.ith a
renewal rate of 57% .
Im po rtant Consid erations For Patic nl s and L11w Enforc,•mcnt: I . hi~ the n:sponsibilit, of la" cnforccmc:11 tu protect M) prupcn·. cunlhcutcd during an investigation into u licensed medical marijuana patient Amendment 20 Section 2(c) States "Any property in1eres11h01 is pas,e,·sed, 11 ,,,,wd. or 11sed in co1111ec1i1m 11 irh rhe medical use 1,f marijuana or acts inclde111al to such u<e, .,hall not be harmed. 11eg/ec1rd, injured, or des1r11yed while in the 1111.,sc.,slon of state or ft>cal law en_,'lorcemt•IJI
o_fficials ll'here .wch property has been se1;ed in connection with the c/a,mtd mcdicol uw
of marijuana. Any such property lnleres/ .,hall nm he forfeited under any pro,•i,r/11111!(
state law providing for the forfeiture of proper/)• orher 1han as a senlence impo.,ed ajier
convicrion of a criminal ojfe11Se or e n1ry of a plea of guilly Ill rn,h 11ffense. Marlluana
and paraphernnllo seized by ,,1a1e or local law enforcement 11,'f •lals from a pallenl or
prima:y can-gfrer in conneclion wiJh 1he claimed medical UJ., af marijuana shall he
relllml'd immediarely upon rite de1crminarion of the districl a, ,,,ney or his or her
designee thDI rhe parient ar primary care-giver L, entitled 10 1he protection comained in
1his j'CClion as may he evidenced.for example, hy a deci.llan no/ 10 prnsecu1e, 1hr
dismissal af charges, or acqui11a/ "
:. A patient is allowed to have 6 plants with J in Oowering and 3 in vegetative
growth, However, a patient may possess more tr.llll this quanti ty if it is in the
opinion of their d<,ctor that more is needed.
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"(4) (a) A parienl may engage in lhe medical use of marijuana, wilh no more mar/j11nno
than is medically nece,ury Io address a dehilitaling medical condition. A pa1ien1's •
medical use of marijuana. within the followi ng limits, is lawful:
(/) Na more than two uunccs of a usahleform of marijuana: and
(II) No more rhan six marijuana planrs, with 1hree ur fell'er being mo/ure, Jlowi•ring
p/0111.i 1h01 are producing a usable form of marijuana.
(h) For quantities af marijuana in excess of lhese amounts, o patielll or his or her
primary care-giver may raise as an affirmalive defe nse to charges of violarion of s1a11•
law 1ha1 such greater amounts Mere medically necessary lo address the p<11/ent '.1
debllira1i11J1 medical ctmditlnn.
3. A licensed patient mey not use marijuana in public, which incl, cs in lhc vehicle.
These imponant points arc only a small :;cction of Ame~dmcnt 20. Both patients
and law enforcement arc strongly encouraged lo rcud over Am~ndmcnt 20 to ensure
complete legal compliance.
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How to Become a Patient : I. ·11,c pal iclll mec1s with I heir physician . 2. The physician li\ls out the Colorado Dcpanmcni art lea It h and Environmcnl ( 'DPI IE) medical marijuana registry form : l111p :I www.cdphe .srn1c .c0 .us/h mcdicalmari_iuam11 111cdica lmarijuana fo m1'.1,,m l 3. The patient se nd s the forms to the CDPI IE with a $90 applica1ion fee. 4. The CDPHE verifies the information is correct on the form by calli ng lhc pa1icnt's doctor .
5. The patient
receives a card
like this or a
refusal letter
within 35 days of
theCDPHE
receiving the
ap~lication.
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A Special Note on Fraudulent Cards : Colorado medical marijuana cards are made by •he American Bank
Note Company and contain nearly all anti•fraud features that a check possess.es·: watcnnarks. serial
numbe rs. c1c.
What an Officer Should do When Confronting a Patient:
I . Medical marijuana users are by legal definition debilitated with a chronic disease .
Thus, lo ensure safety begin by asking if they are potentially in any immediate
medical emergency for which an ambulance mighl need to be contacted .
2. Once safety is established, ask for the patient 's medical marijuana license if they
have yet to give it to you .
3. Call Debra Tuenge at the CDPHE at (303)-692,2173 to verify the information on
the card.
4. Properly package an/ paraphernalia. "'luipment, or evidence such that ifit is
returned to the patient/suspect the police department will not be liable for propcny
damage s.
5. An officer can only call th e CDPHE to verify if a suspect is a patient. They may
not inquire as to why or for what conditions the palienl is being 1rea1cd with
marijuana .
"Section 14, paragraph 3 (a) permits authorired cmploy,-cs of state or local law
enforcement agencies who have stopped or arrested a person who claims to be engaged in
the medi cal use of marijuana and in possession of a registry identification card or its
functional cquivalcnl to access information in the co nfidential n:gi:,try. 1bis access i
only for the purpose of verifying that an individual who has presented a registry
idenlificati on card lo a state or local law enforcemenl official is lawfully in poss.:ssion of
such a card ."
Dispensaries, Caregivers, and Cooperatives: Colorado·s Ame ndm en t 20 allows patients to designate a .. caregiver'·. or ind ividua l who has an acti\'c role in the paticn l"s health to grow marijuana fo r them . More than half or all re gistered patients choose to assign a caregiver fo r their medical marijuana need s. After dozens of interviews with licensed patients and caregiver.;. we find the following reasons that patients choose nm to grow marijuana for themselves : I. Cost ofa complclc grow room: A complete growi ng operation requires at minimwn two separa te rooms where one will be used for vegellltivc growth and the second for
nowcring. Taking into account the pricing of high intensity lighting.
climate w1d humidity controls. nutrients, bulbs. pump s. and numerous
other equipment, the costs can range from as little as $2000 upwards to
over $15,000 for a higher quality medicine .
2. Mainlcnancc of I grow room:
To be eligible as a legal medical marijuana patient, the individual must
suffer from a debilitating condition or disease. As such, many patient~
repon making the choice to assign a caregiver out of the observation that
growing quality medicine requires daily maintenance . Nutrients must be
calculated exactly, weekly pruning and adjustments to nutrient quantities,
light cycles changed weekly, carbon dioxide regulation, and much more
than could be explained in this discussion.
3. Fear of bann to self orfamily:
By far the most reponed reason for choosing not grow for themselves is
the patient's fear of hann coming to them or their loved ones . Two
patients interviewed whom wish to remain anonymous were doused in
gasoline while a group of men held lit matches. threatening to set them on
fire if the victims did not forfeit their medical marijuana over. Eve ntually
it was discovered the criminals in this situation were the patient '
neighbors , whom smelled the marijuana coming from the next door house .
Interestingly however, the largest fear by patients is not from criminals but
rather from law enforcement. Numerous interviews uncovered fears of
patients losing their family pets or children during police encounters.
whether in custody battles or over accidental shots being fired . A custody
case is currently underway in Arapahoe County where II mother may lose
her children; not from neglect or child endangerment. but because she is a
medical marijuana patient and the coun feels the mother may not be
responsible enough to raise her children
1t would appear al first glance that patient 's choose to utilize a caregiver str ictl y
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out of negative consequence; hecausc it protects them wid their loved ones. There arc
however, more positive reasons by which patients decide lo utilize a caregiver . A
caregiver may grow for multiple patients. which drastically reduces the cost of
production . When a caregiver grows for numerou s patients, u greater amount or variety
of marijuana strains may be grown, which gives each patient the ability to discover which
variety works best for their mcdicnl need s. •
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As legal pa1icn1 numbers increased ucru,s 1hc stmc. mcdicul mariiuanu dispensaries u11d C(~1pcra1i,cs hc)!Ul> developing. As ofJIXJK. thc 11u1hor, l•f1his h!~•~lcl were uhk 10 idc111ify cigl11 dispensaries nnd one coopi·rativc. 'Ilic dctinitiuns of .. dispensary'' and .. cooperative .. urc somcwh111 arhi1rnry: however the mcmbcrs of 1hc,c carc11ivcr groups value the differences hittlily . In a marijuana coopcruti,c each member contributes to the whole. including 1hc customers. A dispellSBT) utilil.(.'!> a small group of iLs members to provide its products and services to its clients. Whether one business model holds more legitimacy and quality of care to its members over the other still remains to be seen.
There arc numerous advantages to both dispensaries and cooperatives. which
include:
1. Having an actual business storefront creates a safe environment for patients.
It creates a proper business with licensing and establishes the patient group in
the community. Patients often repon having 10 purchase medicine from street
drug dealers. One 88 year old woman was raped in Acacia Park. Colorado
Springs. while a11cmpting to oblllin medicine from an area notorious for illegal
drug activities.
2. Police know where the location is at. I laving a single location where patients
meet allows for increased focus on patient and community safety . It can be
interpreted llS a statement by the dispensary/cooperative that they wish to
remain law abiding. not making secret deals in alleys or random houses.
3. A wider variety of services and choic~'S in medicines. Not only an: patients
seeing a wider selection or marijunnn strains 10 alleviate their symptoms. but
now able to tn:at their conditions with alternative therapies. Dispcn.wics are
offering medicated foods. lotions. balms. tinctures. gums. and drinks.
Additional S(,'!'Vices being offe.rcd arc yoga. massage therapy. legal seminars
with anomcys, suppon groups, and monthly group events. A holistic
approach to disease management. where the focus is not only on medication.
but diet and exercise changes that can potentiall y heal. is being offered to
patients whom may never have had these opponunities if never designating a
caregiver.
4. Greater numbers of patients communicating what works and what docsn 't for
their disease allows for statistical data analysis. Soch analysis allows
scientists lo identify trends between routes of marijuana administration
(eating. smoking. vapori1.ing. etc). strains of marijuana (over 2000 types).
chemi cal comJ10sition (over 78 cannnbinoids). and how each of these
variables compare to one another in treating a disease . Isaac Newton once
said "If I have seen further it is because I have ~,ood on the shoulders of
giwns". By communicating successes and failures in patient's marijuana
therapies. dispensaries have been enabled to identify a greater them('K!utic
potential in the new patient's optimal treatment plan. To learn more about
these findings. please visit the Gcnovations Laboratories website
(cannobisthcn,pcu tics.nct) .
5. /\ vailabili1y of medicine is always assured. Fvcn the hi:s1 mcdicnl cann:,bis 1ctm\\cr.< have had prohlcm, w11h pc,L,. lo" )icld,.10 hii,!h of yield, It• main1uin lcgali1y. cquipmcnl fuilurc. or some olher unforeseeable problem which mighl limil 1hc1r abili1y 10 keep a constam supply of medicine. A dispensary climina1es the reliance on a single garden or single crop. S.puk., m,1,-s are u mmmt>n pest qj/tcting ,nurlJuano lanu
in C{)/flrudo. They can dcs1roy an ,•,uirc en;; in le.ts than J
w,w if/efr •nlffllttd With a shart /if, eye/, (-J•S days).
f>ne treatment with f1fTethrvm, ,h,. mart commo,, putlcldt!
used/or mites, on/Jt dt.\'trc,p tho.tc milt!$ whil'h ari1 lllive. It
does ""'Alli their egg, Tina pyrn/r,,m tr<Olmmts must he
conlinuou.t/or multiple appl1ca1lon.J. Othtr more effectn-e
rhe.mica /1 cxul hut mus1 nt!vcr bt, 1,ut;.d durlr,g lhe la.11 ~1ce.b
of j/(JIA-r,1,,g Dlspot,aT)' ra,arclr hos fo•nd (%Tla/n plan/
e1Jenuat oils (lumonwas1, .-.-,n1t1,grctn. th)-me) alonR wuh
chemicals naJura/()' occvr, mg in marijuana culled
tupenmd.s. can provi* o safe organic pat trratm~,.,
Aphids lite mit<., ar, amOII/I the mo.rt cummon ~st• of
Col,.-odu marijuona. Any ty~ of put can corry infcctio-s
Q/l<nU on t/u,m QN/ ar, tltv, po,,nJia/ly dong,rovs to on
111diwd11ul already in a cumprom£,ed stat, of health.
Ttdious daily tzaminattun of /em•cs. stems. and soil rm~res
that ,fa pal rontaminotltJn OCCIU'J, it it 1,eo,r.d im~d1a1ely
h1.ftlrt the prQh/cm become:, unmm,a1tcahlc hy OTJ:lltf;r
mrthoos.
Over the past 3 years Colorado has seen a slow increase in palicnls deciding 10
have their medicine provi dl-d by dispensaries. These dispensaries have been in 1igh1
compcli tion with each other wilh a beneficial consequence of lower prices on services. o
wider variety of alternative services. and an o,crall increase in 1hc quali1y of compassion
by which they serve lhei r pa1icn1 base.
Qualily of care has risen to the level of non-pro Iii biomedical research.
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Cienova1ions luhora1ory is a Colorado based medical marijuana research tub. While
ensuring legality by 001 endorsing medical use or distributing marijuana. Genova1ions
scicn1ists observe lhc effects or marijuana use on medical palicnts. Wilh the use of
qU<.-slionnaircs and diagnostic 1es1ing Genovu1ions is on its way 10 becoming a worldwide •
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leader in marijuana ha,,cd clinical dnta. (icrn,,attons is current)~ wor~ing "ith the Sational Institute,, of I lcahh on federal apprm al for a clinical ,1ud~ iO\ oh in!! the c,aluation of genetic and pmtcomi c changes in diabetics whom use medical marijuana In summary. collective or[tani711tion of patients is beneficial to both the police :md patient communities by ensuring safet)'. both in a legal and medical setting. Proper Sa fe ty Guidelines for Dispensaries: Colorado's Amendment 20 gives no legal guidelines to caregivers or dispensury 0\\11crs. While each county in California has adopted their own codes of conduct for
dispensaries. Colorado is lefi wide open with no regulation. Regulation is essential in a
medical setting. especially when the primary medicine being dispensed is one of the most
widely abused recreational dross in lhc world.
In this section the authors discuss proper operational guidelines for dispensaries.
As the medical marijUdlla community grows larger. confrontations with law enforcement.
the media. and the general community at large are inevitable. Prior to such
circumstances, opening dialo!Jlle between law enforcement and dispensaries is essential
to promoting a peaceful transition in the legal community as dispensaries hccome a
socictJI nano.
The followi ng list is a suggested code of regulation for dispensaries 10 ensure
safety and legal compliance. while main!llining the highest standard of ca,e for their
patients:
I. No dispensary will be allowed to open within l000 feet of a school or within the
same business park that is ossociated with high volumes of children passing
through. This may include candy stores, toy shops, parks. or other related areas .
2. All dispensaries must pay local. state. and city taXes. Thi.~ provides cenain
protections as a business while establishes a dilTen:ncc between the illegal street
drug dealer and a medical service provider. 'rhis also includes writing receipts
for all transactions.
3. All dispensaries must have licensed stair present during hours of operation. No
vending machines, drive up windows. or unsupervised transactions talte place .
4. A dispensary will only service a.~ many patients as the employees may
personally take care of. Amendment 20 clearly states that a caregiver is an
individual who takes a direct role in the healthcare of the patient. A dispensary
is not a Wal-Mart. A caregiver mu.~t know each patient by face. their conditions
or diseases, and regularly communicate to identify if their lrca1t11cnt is workin1:
10 the patient's needs.
5. Nn medicine will be sold or purchased from outside sources. especiall y from
non-licensed individuals. As this is medical marijuana. it is being used by sick
patients. Marijuana from the streets may be contaminated. unOushed ', laced. or
mislabeled. Proper medical treatment needs consistency. Medicine being grown
from the same sources by the same techniques. with known genetics incn:nscs
lite success rate of maintllining consistency .
<,, Every dispensary will have conlllct infonnation readily available for their clients
regarding local drug abuse 1rca1111cnt centers. as well as educational materials on
substance abuse harms. This is not limited to marijuana. but also includes
opiates wid alcohol. If' the owner or a dispensary suspects one of their pat ients
has a probl em. the) arc ci:pcct~d 1<1 discuss it with thlll patient. 1>1spcns.'lf) owner.; arc Mrongl ) enc, urogcd to mL-ct with a drug ahu.,;., counse lor on a regular basi s for advi ce/training on handling drug abuse situation s. Additional training on drug abuse can also be fo und at most community colleges in tilt' health !'Cicnces or nursing departments. 7. Dispensaries must offer additional fonn s of medicine besides its rav. smol ing fo nn. This can include. but is not limited 10: vaporfaers. hash oils. drinks. lotions. balms, foods, sublinguaJ drops. teas, or other rout~ of administration. In addition. there should be ample variety of smokeable medicine . Stati stical
analysis shows a 73% general medical market preference for indica strains over
salivas. however. several disease calcgorics (hypertension, ncuropathic) show
mixed preferences for both indicas and sativas. Dispensaries should utilize
questi onnaires to identify what gener.il trends in patient preferences and focus
their products on what best suits the paticnrs medical needs, not recreational
needs.
8. Dispensaries should limit monthly patient purchases. Questionnaires distributed
for I year to all patients at a dispensary in Colorado demonstrate that 93 ¾ of
licensed patients can successfully alleviate their condition fo r which they arc
using marijuana with 4 ounces or less each month. When there arc certain
patient's who legitimately need more. they will be required to obtain a note from
their doctor. or sign a consent fonn for the dispensary owner to speak to the
patient's doctor for con.<;ent. This rule is essential to ensuring that medical
marijuana is not being resold on the slrcCL nor is the patient abusing the drug.
Products that have no psychoactivity (lotions, THC-free products) have no limit.
9. Dispensaries should maintain typical business hours comparohle to stores in its
immediate vicinity. Dispensaries should not be open after dark and not make
exceptions lo the hours by letting patients come to the store when it is closed . If
a patient is having a medical emergency and needs rnodicine. the dispensary
owner may deliver the medicine to the patient before/afte r nonnal hour.; of
operation.
I 0. Prior to opening, the potential dispensary owner should contact the local county
shcrifrs office and make k.nown their intentions. This shou ld demon.~tratc the
owner's intentions in maintaining legal compliance and a hopeful ongoing
relationship between the two communities.
11 . Employees of dispensaries should regularly mainlllin communication with
neighbors. Owners should ask neighbors about smell, noise. loitering. or any
other potential concerns. Additionally. dispensaries should keep theirs and their
neighbor's business area.~ clean.
12. Patients should have access to educational resources about the potential hanns as
well as potential benefits to using marijuana. With this in mind, employees and
dispensary owners should have at minimum a basic understanding of human
anatomy & physiology, health & medicine. or have a trained professional in one
of~ fields available at regularly scheduled times.
I J. Maintaining a patient's health is more than providing medicine; it ulso includes
pro,·iding emotional support. Countless rcscan:h studies. beginning in the 1920s
with identification of the placebo effect and continuing into the modem science
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of today. all confirm that disca~c progression and oulcumc can be ncgal i\'C ly in fluence<.! h) depression . Depres si on and unxic 1y disorders arc lar more prcvalcn1 in 1hc sick and dchili1a1cd communi1ic s lhan in llw ge neral health: po pulou s. Prov idi ng mov ie nights . game nig hL~. licld trips. group activilics . barhccuc s. cl c. can signilicant ly in crease a pa1ient 's sense of belongin g to so met hin g. making them feel less al ienated because of their medical co ndit ion . Re search shows that individual s who feel a sense of hclonging 10 something arc less likel y to become depressed than those who feel lilllc-10 -no a11achmcnt. 14. Al l dispen sari es will be equipped with at least three forms of securi1 y methods .
These sec urit y methods can include :
a. Day/Night security cameras on backup generators
b. Steel doors or solid wood doors with deadbolL~
c. A silent alarm at numerous easily accessib le locations
d. Pepper spray or a se lf-defense only form of equipment
e. Bulletproof glass
15. No weapons will ever be allowed in any dispensary for any reason unle ss it is
carried by law enforcement or an officially licensed armored vehicle service .
This includes any type of knife longer than that fo und on nail clippers . !fa
patient brings a weapon into a dispensary for any rea.<;an the police will be
notifa-d .
16 . All patient~ must call ahead and make an appointmen t prior to coming to the
dispensary. No more than 3 patients per employee should be in the dispensar y at
a time .
17 . No dispensary will disp lay an ad venisement for their company publicly on the
bui ld ing that suggests marijuana may be in the store .
18 . o patients are allowed to medicate on the premis~-s . A patient may .r, a single
vapo rizer inhalation . State laws prohibit smoking in public stores . Wh;lc the
dispensary is not open to the public , it is still a good practice as i1 protect s patients
whom choose not to smoke marijuana. An imponant consideration in this regard is
comparable to liability of bars and drunk drivers . If a patient were to medicate at a
dispensary then cause an accident.. that dispen sary owner will be held liable jus t
like a banender who sold too many drinks to one person .
19 . Di spensaries arc encouraged to set up an indigent program . Such a program
shou ld suppon a lower cost paymen t opt io n for patients on Medicare. Medicaid .
or low income patients with familie s.
20. lfa patienl is under the age of21 they must have bo th their parents consent
before assigning a dispensary as their caregiver.
21. In order for a dispensary to serv ice a client. they musl be the caregiver for that
clie nt. Merely being a licensed patient is not sufficient. A bona lidc medical
relationship must exist.
~2 . When palienL~ come to th e dispensary for product!:. there is a 20 minute
maximum time limit per visit. This does not apply to special event s or prearranged
mee1ings.
~). ! lave a unique set of rules & regulatio ns tha t best lits the needs of your pulicnt
base (no profanity . dress code for employees. etc) and have these rules on a
pos ter board for easy viewin g. Pat ients need to foci comfonablc & secure in
lhl'1r 1rc:11mcn1 and 1rcatmcn1 foc1htil', I a.luring a set of rule, & rc~ula11un., l'n,urc, th,s comfor1 & ,-.1lc1,. 14 l'hcl'l in\'cnto~ dail} Kno" which cmplo}cc is handling "hot material un<l \\hen. 1 lal'c a pas~·word cnlry l'oinl or Sale sys1cm to track in\'cnto~ handling to identify theft . 25 . Never keep more than a days wor1h ofinvcn1ory out on display in the dispensary. Always keep excess inventory in a sturdy safe that is either noltcd or set in the founda1ion of the facility , 26. Gel a state attorney on retainer prior 10 openi ng the dispensary doors. I lave a
C(lntracl designed stali ng the ellomcy will only advise you on main111inin1• legal
compliance with the stale. Go over enlire d1spcn.,;ary concepl with the allomcy.
Only do activities condoned by the auomey.
27. Periodically use a microscope 10 identify lha1 the uichomcs are inlllcl and lhal
kiefing is not occurring by your employees.
Tl.IP. A Jl/;r magnified"°' uf Purp/• Dragon. a llronJI md,co
h,·bnd
Tit• trid,om• is w/u,~ approzimo1'1)• 9S¾
of 1hr p/onJ s m,d;caf cons,;-., art '1ortd. Tricltomu oft,n
/111,-r IM nnfac, of w,/1 g,o.,,. marij uana bvtb and gM high
qvuJil)· cannabis i1s 11,ctJ• fttlint Kief,111111 o ~o«ss wher,by a
p,rson usu sill sa«n ill o box ond r/p;ortJU.1/y sham tht
muryuana b,,ds bad and forth 10 a, 10 rtmo,,. tit,, 11,cJ,o,nes.
The collect,:d mchoma arr oflc.n prcssrd wj1h P rol/,lfR pin in
~ ar paper with minimal htat 10 crtut~ ha.flt. S"ee.t dtalers will
often "'~i,f' tkir bud, b.!for• s,//inJI, Tit(! l(Tt/Jlly ruduces the
mrdical e_fficQcy ,,f the marijuana
2R. J\ dispensaries pricing should he stable, consistent, and well hc low t1picul
recreational strccl prices. When a paticnl chooses lo use marijuana a.~ medicine.
they pul themselves in legal dwigcr. Thus, it is illogical for a sick individual 10
choose a medicine thut costs more thw, conventional phannaccuticals while
simultaneously pulling themselves in harms way.
29. The dispensary will use a compulcr lo notify employees one monlh hcforc n
client's medical marijuana license c.xpircs. The client should he made U\\arc of
their need 10 re-apply. Previously regiS1cl\.-d patients whom an: not in
possession of a current license an: no different than non-licensed individuals and
dispcnsary worl.ers must nol distribu1c any materials to that person until
licensed.
JO. l'roducts should be tested when questionable for mold, insects, or boc1criu.
lnd,'Cd. several outbreaks have occurred whereby teenagers have died from
fungal contamination oflhc lungs from smoking moldy cannabis. i\ small
smnplc from each plan! may be 1cs1ed viu a "Grom slain" or mold loxin dye.
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,1 . P~rfnnnlng u Gram stain . i. C'rcaic a slide smear "i th the most potcntiall) c11ntumina1c<l sample of cannabis from )Our hatch ii. Add several drops of Cf)stal ,·iolet d)c. wait 20-lO seconds Gently remove the dye with purified water. iii. Add iodine for 60 sc-conds. then i:cntl) wash" ith purifit,J \\Utcr again. i,·. Add several drops of dc-colori1.ing agent unti l no ,·isible d)e remain s on the smear.
v. The dye basic fu.o;chin is used to countcrs tain. After a 60 second
wash with basic fu.o;chin. gently wash wilh purified water and spot
dry with bibulous paper.
vi. Grwn + bacteria presence is indicated t,y bluc-s111lrwd bacterial
cells. whereas Gr .m -bacteria will stain pink .
b. Pcrfonning mold identification testing:
i. Ana1oxins und fumonisin tc.~ting kits are availabl e through
multiple biotcch companies over the internet. Kits spccificall)'
designed for plant and grain materials should only be used. as
some test kits arc designed to use blood. scrum. and urine as th e
media.
l'mdvcts should h@vc as corn;istcnt a dosage as possible. Therapeutic efficacy can
only be achieved wilh repeatability of desired effects. This is an especially imponant
factor when considering that numerous clinical effects of cannabinoids, which include
THC, arc biphasic in nature. Biphasic refers to a chem ical having opposite cfTects on the
body when administered in different doses. Biphasic responses may cxpla.in diagnostic
testing-variation in various clinical uials. including appetite. heart rate. blood pres.~ure.
Mxicty, and depression.
n. When preparing mcdicotcd baked goods. titration of a consistent dosage is
especially important. Many producm of baked goods make medicated
butter. For health reasons. ii is suggested to switch to olive oil. which not
only reduces cholesterol hut also increases natural cndocannnbinoids that
reduce innwnmotion .
When preparing medicated olive oil, two approaches may be taken :
1. I part water ➔ 3 parts olive oil ◄ dis.so lved hash oil. Use
a ..;cpc ration funnel to remove the wuter. This process
removes sug.m; and hydrophilic constituents from the
ol ive oil. Whi ! slightly les.~ potent in medical strength.
patient's gcncmlly lind it to be better tasting and more
uplifling. non-drowsy .
2. All olive oi l and dissolved hash oil. Patients still !ind the
olive oils to be more uplil\ing than llutters, however. this
non-water method is mo"' S<-dativc than the above
method.
). I lavi ng an efficient hash making technique is essential to
• dosing mcdicutcd foods . Cooking leaf material is
unreliable for co nsis te ncy . as butter /oil remain s in the leaf. each batch of leaf may be more /l ess potent than the next. While each batch of hash will have varying concentrations of chemicals. using the same quantit y of hash each time significantly lowers the mar gin of variat ion between batche s. A dispensary should ultimately be designed in a similar f~ hion 10 a pharmacy . but with a wider range of holistic treatment options and a higher level of personal
care . A true caregiver relationship relics on a personal understltllding of th e patient"s
needs. not what has the hi~hest yield , mos t psych oactivity. short~-st harvest time. etc .
for more information on prope1 di~pcnsary guidelines and important information
for dispensary owners , the below citations provide an excellent source of diversi fied
opini on. Indeed, no one group has united a generally accepted regulatory guideline
for dispen saries . For this reason , it is imperative that commun ication s begin between
dispensary owners and law enforcement to ensure safety for the sick and debilitated
l . Grinspoon, Lester. 200 I. On the pharmaccuticalization of
marijuana. International Journal of Drug Policy . 12: 377-
383.
2. Thomas , HU\". 1996 . A community survey on the adverse
effects of cannabi s use . Drug and Alcohol Dpcndcncc 42 :
201-207.
3. Ware, Mark. ct al. 2006. Evaluation of herbal cannabis
char.ictcristics by medical users : a randomized trial. Harm
Reduction Journal 3: 32-3 8.
4. O'Connell. Thomas, ct al. 2007 . Long term marijuana
users seeking medical cannabis in California (2001-2007):
demographics , social characteristics, patterns of cannabis
and other drug use of 4117 applicant~. Harm Reduction
Journal 4: 16.
5. Korf. Durk. ct al. 2007. Different ial n.-sponscs to cannabis
potency : A typology of users based on se lf-reported
consumption behaviors. International Journal of Drug
Polic y 18 : 168-176.
Marijuana as Medicine:
Marijuana has been used for thousand s of years as both a medicine and into xican t.
While many marijuana users believe th e plant to be relatively harmless; many believe
that no one has ever died from marijuana . Thi s is not fact. Below arc documented cases
of individual.; dying from the use of marijuana . Understanding the circumstances
•
•
surrounding the deaths of these patients is an essential tool for lhc dispensary work er and •
•
•
•
owner. Patients with curdiovu.~cular disciL~cs should take special care when trying new medi cines derh ed from marijuana. I. Tatli. Ersan. c1 al. 2007 . Cwmahi s induced coronary ancry thromhosi s and acute anterior myocardial infarction in a young man. International Journal of Cardiology 120: 420-422. 2. Lindsi.y. Alisiair. et al . 2005 . Cannabis as a precipitJ tor of cardiovascular emergencies . International Journal of Cardiology 104: 230-232. An imponant observation that strengthens support for the need to develop specific medical strains is the fact that the non-psychoactive cannabinoid CBD may actlldlly
prevent these cardiovascular emergencies that have occasionally occurred from cannabis
usc. These deaths were likely caused by a low CBD, high THC strain.
I. Hayakawa, Kazuhide. et al. Cannabidiol prevents infarct.ion via the non-CB I
cannabinoid receptor mechanism. Neurophannacology and Neuroloxicology
15: 2381 -2385.
Side Effects of Ma riju ana Use:
If a drug has the ability to chWJge physiology for the bcnL't' in one type of disease
pathology, it is only logical that it will have the potential for hann in other types of
physiology that may not need alten:ation. For this reason, marijuana must be respected as
a drug despite the recreational beliefs that it is not hannful.
There arc far too abundant of rumors concerning marijuana use : propagated both
by media and the federal government (marijuarui causes permanent insanity, makes men's
penis' shrink, etc). There arc legitimate concerns about long tcnn marijuana use that
must be taken into consideration when deciding to usc the plant medicinally.
The following is a list of research-derived side effects that can happen to marijuana users:
• Anxiety, panic attacks
• Exacerbate schizophrenia in predisposed individuals
• Increase chances of lung infections
• Depersonalization, arnotivational syndrome
I. Campbell. F.A .. cl al. 2001. Arc cannabinoids an elTective and safe treatmenl
op1ion in the management of pain? A qualitative systematic review. Br. Med. J.
323. 13-16.
2. Lcwcke, F.M., 2002. Acu1e elTccts of cannabis and the cannabinoids. In:
Grotenherrnen, F., Russo. E. (Eds.), Cannabis and Cannabinoids. Pharmacology,
Toxicology and Therapeutic
J . Potential, The Haworth Integrative Healing Press, New York, pp. 249--256.
4. Leroy, S., Cl al. 200 I. Schizophrenia and the cannabinoid l)')lC I rcccplor.
Amer. J. of Medical genetics
Despite marijuarui 's ability to induce harmful side clTccts, many people or
hundreds of disease types have claimed to find thcnipeutic benefit 10 its use . In the past
few decades the medical and scientific communities have discovered numerous
mechanisms by which the components of marijuana can both alleviate and cure certain
di$Ca<;(.-s. In the pa.~l month . the Ame rican College of Ph)sicill!1~. the nmion., second largest collahormivc of mcchcal doctors. published a formal 13 rage stmcmcnt whereby • the) claim : ·'Evidence not only supports the use of medical marijuana in certain conditions hut also suggests numerous indications for cnnnabinoids. Additional rcscurch is needed to further clarify the therapeutic value of cannabinoids and determine optimal routes of administration. The science on medical marijuana should nol be obscured or hindered by the debate surroundinll the legalization of marijuana for gcncml use." • Please "isit the ACP website 10 read lhtir r,osi1ion on medical marijuana.
Marijuana is a complex mixture of I iterally hundreds of chemicals. do1.cns of
which have been identified to have anti-inflammatory. analgesic, sedative. stimulatory.
depressant, and anti-depressant ac1i.-ities. Again. the author's cmphasi7.C the need for
dispensaries to use consistent growi11g parameters and dosaging in alternative protlucts to
ensure reproducibility in effects and th.1S minirni1.e harmful side c!Tccts.
Why Use Marijua na?
Despite fears of federal prosecution. patients continue to use medical marijuana 10
alleviate their conditions. For some patients, discovery of marijuana·s lhcrapcu1ic use
came from recreational experiences with the plant while experiencing pain. nausea. or
some other com!itipn thn1 ~usod discomfort. For others, they tried numerous FDA
approved pharmaceuticals and cithc:r did not find satisfactory res.ills or could not bear the
side effects. Individual patients often describe similar undesirable side effects from their •
pharmaceutical medications. In a macroscopic analysis, these complaints represent but a
small fraction of an overwhelming epidemic plaguing our nation·s medical industry.
~Death by Medicinett was published in 2007 by five medical doctors and PHDs.
It is a complete 28 page documentat ion of epidemic problems with the current American
medical system. The statistics below were collected across the country :
• 2.2 million hospitalizations cnch year from adverse cffccL~ to
prescription drugs
• 7.S million unnecessary surgeries per year
• 8.9 million unnecessary hlospitnliw1ions yearly
• American medical system lound to be lcuding cause of death in US
at 783.936 deaths compared to 699,697 from hean di sease in 200 1
·1 he authors further state in the introduction:
"Na1un.l medicine is under siege. as pharmaccu1ical company lobbyists urge lawmakm 10 dcpnvr
Americans of lhc bencfiu of dk.-wy sur lcmcuu. Drug-company front groups have launched slanderous
media c:ampa,gns to dism:dil the value of healthy lifCSlylcs. Th< FDA con1inucs to u\lcrfer, with !hose who
o iler natun,I products that compc:le with pro=pcion drug>.
l11<s< anacks against natinl medicine obKurc I l<thal probkm thal un1il now WIS buried in lhousln6 of
pages of scicnlirlc tnL In n:sponsc to lhcsc baseless chall<ng., :o naunl medicine. !he Nulrition lns1itute
of America commis.sioncd an 1ndq,cnd<n1 rc•icw oflhc quality of•go..mmcn1-1ppn,.cd" medicine. Th,
startling findings from this mciiculoos s1udy indicate 1hal corwentional medicine is "the: leading cause of
death" in lhc Unilcd Stat ...
lllc Nutrition lnilitutc of /\merica is a nonprofit organiza1ion lhal has spo1UUrcd indepcndcn1 research for
the pasl JO yeass. Tosuppon its bold cluim !hat convenlional medicine is America's number-one killer. lhc
Nutri1ional lnslilutc of America mand111cd that c"cl')' "count" in this ••indic1mcn1'' or US medicine be •
validated by published, peer-reviewed scientific sludics. Whal you arc ttboul to read b, a stunning
•
•
•
comp~alioo of faro that documents ilial thosc who Sttk lo abolish consumer IICC<SS lO ""lural therapies= misleading the public. 0... 700,000 Americans c!ic each year at the hands or g,wcmmcnt-sanCtioncd medicine, wh il< the FDA and othcf government agencies pmcnd to proleel the l)llblic by lolltising those who offer safe altc:mativcs. A definitive ~view or medical peer-reviewed journals and govcmmcnl health statistics shows that American medicine f'roquently causes mon: harm than good." This is no1 10 say lhat just because something is natural lhal ii is healthier lhan a pharmaceutical. However, natural alternative medicines of whole-planl extract origin do have unique properties ignored by conventional medicine due to lhc necrt for seienlific melhods. FDA approved pharmaceuticals must be eKactly titrated dosages of a single
active ingredient, or combination of known ingredients .
Below is a list of chemicals in marijuana:
I. Cannabinoids: 78 known as of 2008 .
2. Terpenoids: 103 known
3. Fatty Acids: 12 known
4. Noa-<:annabinoid Phenols: 16 known
5. Flavanoids: 19 known-these arc potential antioxidants
HOCH3
OH
CH3
H3C
H3C
Cannabid iol (C BD )
OCH3
OH
CHJ
H3C
H3C
T etrahydrocannablnol (THC)
18
CH,
0
OH
Anandamlde
Anandamide is what tho humon body produces
naturally that binds to the cannab inold r=ptors. It
is also what THC mimics to cause psychoacdvicy.
Anandamide is what gives chocolate its mood
elevating effccu in some Individuals.
Many of the cannabinoids and tcrpcnoids found within marijWlllll won. together
to create an additive e ffect called synergy. Synergy refers to an increased effect caused
by combining two or more drugs, an effect that could not be caused by either drug alone.
Synergy of cannabinoids is supported by the fact that Mllrinol (synthetic, pure THC), has
a higher incidence rate of panic auacks and paranoia than clinical studies utilizing whole
marijuana plant.
The following li st describes corrparisoas in medical effi cacy of
marijuana constituents to conventional medications, in addition to ill ustrating point of
po1en1ial S) ncrgy: I. CB D. Cl3G. CB'\. ll•m)n:crn.'(1crpcnuid). 4ucrcitan(na,W10id). and cannna,in • A . arc hula few cons1i1ucnt~ other than n IC thal cxen anti-innarnmntory cffecls. 2. Cannnavin A is JOx more polent than aspirin in reducing innan1ma1ion in rhcWT,Jloi d S)'llOVial cells (arthritis model ). 3. TH C hns 20x anti-inflammatory effects of a~pirin. t\\icc that of hvdroconisone 4: CBD has anti-inflamma1ory propcnies nt lower doses thwi aspirin
5. QucrciU111 is a powerful antioxidant. Also fo und to be unlicarcinogenic and
an1i-innamma1ory. which may mitigate the potential for marijuana smoking 10
cause lung cancer.
• Source: Chapter 7 of "Medical uses of cannabis wid Cannabinoids". Geoffrey
Guy. 2004.
Marijuana is an extremely dinicull plant to study for clinical effects due lo th e
variation in the abundant amount of therapeutic chemical s. lhe scientific method applied
10 pluumaceuticals docs not cwrenlly allow for synergistic therapies, likely because of
their variation in ou1comc between individuals. Uhimately. the true thcrapeu1ic polential
of marijuana remains untapped until a new scientific method is developed lo identify
clinical outcomes wilii varying quan1itics of muhiplc chemicals.
A Few Words From the FDA and NIH:
Ironicall y on April 20. 2006 the FDA made u press release staling: •
'"Marijuw,1 is listed in schedule I of the Controlled Substances Act (CSA). lhc most M1lric1i,c schedu le.
The Drug Enf0<eemen1 Admlnls1111tion (DEA). which edministm the CSA. continues to ••ppon that
placcmcm and FDA concumd because marijUllll me, the tlvff crilCN for ptecemen1 In Schedule t under
21 U.S.C. I 12(bXl)(e.g.. marijtw1a has a high poccntial forabusc. lw no cwm1tly 1tttpted medical use
in 1m11mcn1 in the United Si.tcs. and has• lrck ofot<:cptcd 13Jcty for use under med"tcal sup«Vision).
CH30H
0
CH3
CH3
HJC CHJ
Cannabigerol
Furthcnnorc. there is currently sound evidence 1ha1 smoked marijuana is harmful . A pa.SI evaluation by
severa l l)cpanmcnl of Mcallh 1111d I luman Services (I II IS) agencies. including the Fooo ond Drug
Admlnis1111ion (FDA ). Substance Abuse and Mentel llcallh Scnliccs Adminis1111ion (SAMIISA) and
National lns1i1u1e for Drug Abuse (NIDA). concluded tltal no sound JCientific studies supported medical
use of morijuena for aeatmcnt in the United Swcs. Ind no animal or human data supponed the safety or
cffrcacy of marij lillla for general medical u.,c. l1tcrc.,. alltmaliV< FDA-approved medicelions in
c,is1enc:e for 1n:a1mcn1 of mw,y of the proposed uses ofsmokcd marijw,na. • •
•
•
•
What is interesting is that wording is careful to only specify ~smoked" marijuann. Devices are now available called vaporiz.ers. Vaporizers do not use lire for the combustion {burning) of marijuana. Instead, they use heat to vaporize the medicinal materials without causing the formation of carcinogens. Studies have unequivocally confirmed the effectiveness and safety of vaporization.
• Haz.ekamp, Amo, ct al. 2005. Evaiuation of a vaporizing device (Volcanok)
for the pulmonary adminiSlrlltion of tetrahydrocannabinol . Journal of
Pharmaceutical Sciences 95: 1308-1317.
It is also noteworthy that the FDA statement mentions the National Institute of
Health. Apparently, there is no sound evidence that marijuana has therapeutic potential,
but abundant research to support its harmful side effcc:ts. One would have to question the
validity of the science that supports these potential harms if they were performed by the
National Institute ofHealth, as this government funded organization published research
proving that the psychoactive component of marijuana, THC. bas a greater antioxidant
capacity than both vitamins A and E. These findings occuned eight years prior 10 the
FDA statement that no valid scientific research supports medical marijuana!
• Hampson, AJ, ct al. 1998. Cannobidiol and ( • }_9-tetrahydrocannabinol arc
neuroprotective antioxidants. Proceedings of the National Academies of
Science 95: 8268-8273 .
Conclusion:
Colorado, along with 11 other states have now legaliz.ed the use of marijuana for
medical pwposes. Given that it remains federally illegal despite patients. researchers.
and doctors picas for ~lassilication. it is up to dispensary owners and caregivers to
represent this growing movement with ethics, consistency, and legality when possible.
As a relotive.ly unregulated indusll)' dispensaries will progress in an exponential and
prolit-oriented fashion. As an alternative therapy that poses numerous risks. both
medical and legal , it is essential that dispensary owners expand availability of cannabis
medicines in a fair and appropriate manner.
This presentation was designed to educate both dispensary owner and law
enforcement Communication between these two groups is essential to the health and
well being of patients. The authors do not make claim to performing any illegal activities
and merely provide these materials as a means to initia1e a safe, well-rounded business
model that maximizes beMfits to all the citizens of the states in which medical marijuana
is allowed. We thank you for your interest in this topic and welcome your input.
All questions and inquiries may be sent to:
trip1cheljx28@yahoo .com; commjexpen@gmoil .com
• With your annual mem bers hip contribution or $25 or more, you wlll receive MPP's new sle·ner~ Marijuana Polley Report. If you donate S40 o, more -o, if 'IOU join our monthly donor program a t a leY1!I of SS or more -you will also receive your choice o f gift. Stt w-.mpp.org/membershlpgllu for mor~ lnfOffflatk>n. -·-----------------------""'-----------------~-------
'"'------------
------------
□Enclosed 1, my one-time, tax-dl"ducllble
donation of:
D ss.ooo D s1.000 D S250 0 s100
D S40 0 S25 D s ___ _
0 Sognm,upbMPP-.Hnailaifflsl
. ....
To d onate via c re d it card ,
p lease visit
www.mpp.org/fdonate.
What are the four biggest re asons that people are concerned about regulating marijuana 7 1 9Ma,iju;a,._ VM ls wrong.• Whalt'Ytf one's M0rM • beliefs about marijuana consumption, morijuono lows howcau>ed ta,mon, harm than morijuona UH! ltself: marijuana prohibition has drained prKlous cnmlnal justice resoorcn from our communltlft. made It difficult to keep marijuana from our chlldren, and deslfoyed the llve:5. and families or 01herwise taw--a.bkUng dtluns. 2 "Marijuana regul<otlon would MIMI die ..._ • -to ,_..-~lion --,_, oaoss 10 marijuana by tulng " off the
,.,... , and roguloling It, and <ending oduhs to pnoon
if they ,ell monju,va to young people. According to the
White -mon, than half of US. teens try morijuono
befo<e gr>eluatlng f rom high school In the~
where ~IJuan. Is M>ld fn Indoor estabUshments to
adults who 1 ,0 c•~ few age. tttn marlJuan, use Is onty
28"'.
3 •-1-,_._ ....... lno"NM OUI-• ,..._.__,on die.-.,... OrMng while
lntmlated ->lffl IN, ;11ega1. And people -......
to uw....,Jjulno oreolroadyuslng it:-o,o lewoclults
w1>owould>1onu>lng-lf1t-•,og,,io1ed.
4 ._.,.. ........ ......,. .. ~-to
• honl dl'l'IJI-• lt~ the ct1mlnallzatlon of mori]uana
that's the gat·~•Y 10 twrd drugs. When Mfulu enttt
• liquor s1ore to buy alcohol they don'1 fird COGlllne
si tting ()n 1he shelf next 10 bottles of YOdk;a; slmll.arly,
If marijuana wt>f~ regulated. adults who buy marlJu,,na
would not be expowd to hatd drug.s (as they CUN'ffltly
or•.~ drug deolef1).
It's time for a
NEW APPROACH:
marijuana regulation
and control •
11M1rijuana 1
o, no one has
. And while
a~ lower than
...
....
Drug dealers don't card for age.
If marijuana were taxed and regulated, licensed establishmen ts would have an incentive to card for
a-~use selling to minors would cause the .. bllshrnen~s to lose their licenses to sell to .Its .•
MPP Is wortdng for compassion and common sense. ~ .. lig!, .. ,,gc,ra,.ADS.MS..ind-... .,...-~ ,...,._,....,.,.,o.Arer.....,,modal....._..Clft_ "' MPP's Major Accomplishments Mediail~ia-tienoanda~no'°"9of' fu, •rtat in Rhode band..........._~ Vermont ~; -W-p..o;~~-~¥10~Plflil9"d ___ throu9h ___ .. ~tcill ~ pwlflts in Mktvpn andMontlna Al~ pro~~ lne IU!t'S <J(ltttlo,,,ef~ "';~~MF9s11'111!dc.li~ e Smd~tifn«. ~ pos14Ulon in M,t;s;Yd'luHU.s k
pul'\Wuible jusl by a S lOO fine beuus,r lhP u.lll' S \'Olffl
'" ,~l.'.Pfi~fft• 1,,,,.
Madul ""'ril~ pade-nt.s ln~nda.r• nolong•r
subjKt [0 Jmprisonmrnl becaw!-1/,PP ~ad I~
►rt:-ubliiungc:-.--e,no,1osigniume;liC:atmirlfU,if'libll
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prohibition lll'l"ltiTftY as MPPs t,altoc lr'Vt\111\fl fO
:t• if\.."Jte~i.e mi11rp.ial\ll hlie alcd,ol'~()alMt'PdtM
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App4"0111UMteJy l .5 mHHon C.6foml1ns. I ve In
muni<i~litlH where Mtutt m.ariJu11nA offenut are the
lowHl p,kwity ro, kxal law enforciemtnl bl!<cft.Jff MPP\
;i•Jnn-pr.,griim PfOY'drd i1tnOSl .d of the funding to~,
cwdirur.tb through four ~ inlhlll ~ ~ Ottilnd,
~ · ~ Cruz. Jnd SAn u. MonlCA and 1hrvugl'I
-. ~ N\ :::;,.,n:ibol\\lrU Hclywcod ind Sif\ r~o
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fflAri)'ulna"s~~due.,~ptrt t:,~\P9,
~.;,, t.:.~d!Pilienland~Pl!f~ , •. _ ·~
Jl)n.ft'O~wMhtl'iUedtU ~Jlf'P0'1
'ci.o-01:0le Q medal~
MPP h&Sdtbl'tecf White-House: offidab•nd othtr
prohibitionists on NDDNI TV Jt'l:S flOl0 an:i an thf OIQN,
... ·.ilrlc'il.~.~~ ... lhrCf'UlU';'W'P'lpqK\)
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:ac.:>s""41';FO,r,.._.<Th,~ fKIOI•, '8C,
"'On t~l,,~"" .. Fa:Ss"'flf't.•JViourwchJin,l..ffWt·,Jind
~U'"trih1he~Rrport:
eral govemme rourpatients leg arijuana, throug
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~ passed laws·
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r federal law.
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'can't change t
h patients the
PUBLIC COMMENT ROSTER AGENDA ITEM T UNSCHEDULED PUBLIC COMMENT November 2, 2009
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
From : Sent: To: Subject:
Darren ,
Nick Panetta Monday, October 26, 2009 Darren Hollingsworth ACE Resignation
As I lnfooned the ACE committee last meeting, I am res,gning my posltJon with ACE effective
Immediately. I have accepted a position with MIiiennium Bank that W111 allow me to work from my home
and as such I will neither be a resident of Englewood nor working run time In Englewood -which I believe
are requirements for ACE parbcipation.
I have certainly enjoyed my Involvement with ACE over the years I have been an aclive participant I have
been encouraged with the Implementation of policies and procedures recommended by the ACE
Committee and I am optimistic for the future of ACE and the City of Englewood continuing the
collaborall•e process that has become more common place.
Best wishes lO all In this challenging economic envl.-onment.
•
•
•
BY \l'IIIOIUT\' ORDINANCE NO SERIE!, or 1009 Ull'NC'II BILL Ml ~O IXTRODL C'HJ BY COL ':-..CU MEMBEk ~h:!'ASI Ill. AN OR DINA NCI' Alli I IORlt'.ING THI: PURCI IASE OF TEN UNIOENTll'll:I> SINlil 1·-F AM IL Y. \I A CANT. FORECLOSED PROPERTIES LOCATED lN THE CITY OF
ENGLEWOOD. C'OLORADO ro FULFILL THE NEIGHBORHOOD ST ABll.17.A TION
PROGRAM CONTRACl BETWEEN THE COLORADO DEPARTMENT OF I ClCA I
AFFAIRS AND TIIE crrv OF ENGLEWOOD. COLORADO.
WHEREAS, the City Council of the City of Englewood, Colorado nuthonzed nn apphcmm,1 to
the Colorado Depanment of Local Affairs, Colorado Division of Housing, for a pon1on of
Arapahoe County's nllocntions of the :::ederal Neighborhood Stnbiliuuion Program funds (NSPI)
for funding Project Rebuild by the passage of Resolution No. 34. Series 2009; and
WHEREAS, the City ofEngl cwood Project Rrbuil<l was awarded $1.253.37910 purchase,
rchnbil iintc, and sell single-family vacant, forec losed propen ics in eligible census tracts locntcd in
the City of Englewood: and
WI IERL: I\S, the City Council of the City of Englewood, Colorado nuthorizcd the execution of
an in1crgoverM1e11uil contract for Neighborhood Stabilization Program grant funding between the
Color•d<' fx:oanmr 11 of LocnJ Affairs and the City of Englewood , Colorado by the pnssagc of
OnLnon..a: !•1v \7. Sencs of 2009: and
\\ Ill REAS. the NSPI Grant requires 1he pu,chase. rehabilillltion and rcsulc oflc'II (10) 1inglc-
r.,nuly, \'aeanl. foreclosed propcr1ies: and
WHFRl'AS. gc'lllT.llly, when real estalc 1s owned by lenders and (!OVcrrunent holding ngt'IICICS
(C.J,! FHA, VA. FNM I\. etc.) they ~uirc closing dales to be SCI -.,1hm 30 da)'$ of their accqitancc
of nn offtt 10 purchase or hut. With lhts shon 11mc frame II would be 1mposs1ble 10 gam Cny
Council appro"al for acquisition of mdi\•1dsal s11e-spccific pmpcni.:s gl\'tn the 45-60 day
oromancc approval umcfrarnc: and
WIIEREAS.10 ac:c:ommodale this compressed process J11d schedule, staff rcqu~s 1h01 Cny
Council nuthonzc the purchase often (10) currently unidentified qualifying single-fom1ly Ylltulll,
foreclosed propcni.-s IOClltcd throughout the C11y to fulfill the !\SP I con1rae1 with the Colorado
l>ep:irtment of Locul Affairs, and
WI I FREAS. Scct10n 72 of the Englewood Home Ruic Chon er requires 1ha1 real propcny may
be sold. hul only b)' ordma.nce, not using the emergency provision: and
WI IEREAS, each pn,pcny acquired for Project Rebuild will be brougltt before City Counci l ns
s<lOn ns 1,ossiblc IO receive nppmvnl lo sell each propcny 10 eligible buyers; and
WHEREAS. ex1slmK Conununily Dcvclopmcnl slarrlms the required cxpcnisc lo acquire
forec losed propcr11cs, rirovidc rehabilitn linn, and sell th e properties IO eligible huycrs. All
expense, will be covered hy the NSI' I Grant.
• NOW, alll:REHJR~. BE l'I ORDAINF.1)1\\' TIii ('II\' t·ou;,,.rn m "1111 en\' OI'
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L'!GU WOOD, C'OI ORAOO. AS FOL LO\\ S ~-The Cuy C'ounc1l of the Cuy of Englc,,ood, C'olorndo ht:rcll) authon1,c, the purchase of ten ( 10) unidcnhficd singlc-fnnuly, vacant, foreclosed properties located in the eligible census 1rnc1; throughout the Cur of Englewood 10 fulfill the NSPI contract "uh the Colorado l:><.'Jlanmcnt ofLocnl Affairs funded through the Neighborhood Stabilization Program Grant (NSPI Grant)
Introduced, read in full, and passed on first reading on the 19th day of October, 2009.
Published .,i a 0ill for an Ordinance in the City's official newspaper on the 23'" da)' of October,
2009
Published as• 8111 for an Ordinance on the City's official 11·cbs1te beginning on the 21st day of
October, 2009 for thirty (JO) days.
Read by title and passed on final readmg on the 2nd day of November, 2009.
Published by title in the City's official newspaper as Ordmance No._, Series of 2009, on
the 6th da y of November, 2009 ..
Published by tit le on the Cily's official website beginning on the 4th day of
November, 2009 for thiny (301 days .
James K. Woodward. Mayor
ATTEST:
Loucnshia A. Ellis, City Clerk
I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccrt1f)' that the
above and foregoing is a true copy of the Ord inance passed on final rcadini: and published by
tide a> Ordinance No._, Series of 2009.
Loucrishin A. Ellis
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COU CI L COMM UNICATIO\! Dale: Agcnd,t Item : Suhj ecl: NO\ ember 1, 1009 9 CI (nglewnnd Ptihhc Llhr.ir1 •, "v\11nter Fo1>d for Fines' lniliated By: I Slaff Source: Library DepartnH-11I Hank Long, Dir~wr of Llbwy Services
COUN CI L GOAL AN D PREVIOUS COUNCIL ACTION
The Lihrary has sponsored this popular program since I 990, and each year the City Council has
, oked ,ts support. In 2003, the annual Food for Fines program was expanded to twice a year at
the request of the Library Board, and subsequently approved by City Council, for two weeks during
the summer as well as two weeks between Thanksgiving and Christmas as a way to mi11g.1te the
Increase in Overdue library Fines and as a way to encourage the timely return of Library materials
,o tha t they can be used by more people, The two weeks of the Summer rood for Fines program
covers the last week of the public school year and the fi rst week of vacations, a time during which
students and teachers are cleaning out their desks and lockers in prepMatlon fur the summer break
and numerous overdue library materials are located, whereas the two wPeks of the Winter Food for
Fines program traditionally covers the penod in between the Thanksgiving and Christmas holidays.
Historically, each of these two biannual events raisi,s an estimated $1,500 to $2,000 in donated
noo-perisnable food ,terns for the Interfaith Community Services food hank,
RECOMMENDED ACTI ON
The L1hrarv Department recommmds CIIV Crounc,I approve a resoluuon au1hor1ling the Librarv
Ucpartm..!m to implement 11, ~O\l'I W111M Food fur Fines program lrom Mond ay, November 30
through Sonday, December 13, 2009 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
F01 the past 19 years, the Englewood Public Library has prov ided its "food for nnes• program as a
way for those patrons with fines on their overdue library materials 10 'pay' them oft through the
donation of n011-per1shable food Items that are, in turn, forwarded lo Interfaith Community
Services for their "food bank" d1stnhu1ton to financially disadvantaged fanulies ,n the Englewood
area. FollO\,ing 1003's increase in m,llumu,n Overdue Fines from S2 to SS, the Library Board
requested that the number or food items required to pay off a single Overdue charge also be
lnueased beginning wllh the 2004 Winter Food for Fines program, e.g. 11 now takes two food items
10 cancel ou t the late charges !not lost or damaged charges) on Q!l.U.!Y~. These food
Items must be presented to the library Staff at the Ci rculation Desk In order for the fines 10 be
deared from the patron's compu ter record. This program l1as been w.umly received and supported
by the pub lic since Its inception, ,ind Library patrons now look forward to ii as a way of helping
others while rel ievin~ their own lin.111li,1I obllgat lo11s. Thus, the program presents a positive image
of the Library and the Cll1 ,ind" ,1 "win-win" sitlla tion [0r everyone i,wolv~cl
FI NANCIAL IM PACT S111ce 11s 1ncep11on thi, program has ra"~d an ,'Sl,matrd S38,600 in donarecl nor~p~, .... ,able lood 11ems 10 assiSI need, fam,hes In 1he Englewood area. The money 1h,11 the llbrary collects each month in ·1a1e charges· (1.e. charges on books and other EPL 11ems returned past their original "due date· and past the three-day ·grace penod"I goes 10 the City's General Fund. These revenues 1rad11ionally drop about 50% during each o( the llbrary's IWO-"eek Food ror Fines programs, but the loss ,s more than offset b} the •good will" this program
generates among Library patrons and by getting the Library materials back on the shelves so 1ha1
others can use them.
UST Of ATTAC HM ENTS
Resolu li on
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RESOLUTION NO. SI.RU s or :(l(l<I A Rl:SOLUTIO:-: Aln IIORl/11\G THI: EN(,I rwooo PUBI IC IIBRARY TO L\1PLl:MEr•n TII E ANNUAL "\\'INTER FOOD FOR FINES" PRll<iRAM rROM ~IOND1\Y, NOVEMBER 30. 2009 '1 IIROUG II SUND.'-Y. Dl"CEMBER 13, 2009 , WI IEREAS, the Englc,\<~>d l'ubhc Library hns sponsored a "Food for Fines" program >111cc
1990;and
WIIFREAS. 1hc "Food for Fines• progrnm nllows patrons with overdue lines to "pa)'" them
offthroul!h the donation of non-perishable food items: and
WHEREAS, the food items arc then forwarded to the ln1erFni1h Community Services for their
"food bank" distribution to linancially disadvantaged families in the Enl!ltwood area: and
WHEREAS, 1hc program 1s a bcnclit to the commuruty in that 1he disadvantaged arc assisted;
the air cleared with respect to lines; and the C,ty receives its library matcnals baok and the
program presents a positive ,magc of the Library and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC n. OF THE CITY OF
ENGi EWOO D. COLORADO. THAT:
~-The Englewood CnyCouncil hcteby authorizes the En£ICWood Public Library's
implcmcntauon of the annual "Winter Food For Fines• program from November 30. 2009
through December 13. 2009 , The collcc1cd food will then be forwarded to the Interfaith
Commu nity Ser\'iccs for d,strihution to linancinlly disadvantaged fomilics in the Englcwc,nd area,
ADOPTED AND APPROVED this 2nd dn) of No\'ember. 2009
ATl'EST:
James K, Woo<lwnrd. Mayor
Loucnslua A. Elhs. C11y Ck'rk
I, Loucrishia A. Ellis, City C'lcrk for the Cuy of Englewood, Colomdo, hereby ccnify the
above is t1 true copy of Resolution No. __ . Series of 2009.
Loucnshia A. l:lhs. City Clerk
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COUNCIL COMMUNICATION Date: Age nda Item: Subjed: Novernhl•r ~ 2009 11 a I 8,11 mr an ordin,,nce 111 suppor1 of 1he Ciiy's COCO !\r,,111 .ip11lica llon for Duncan Park developmeni Initiated By. I Slaff Source:
Parks Jnd Recrea11on Department lerrell Black, Dir!'Clor or Parks and Recrealion
COUNCIL GOA L AND PR EVIOUS COUNCIL ACTION
Ordinance# 35, Series of 1978 -lnlergovernmen1al agreement between the Cil)' cl Englewood
and Englewood Schools for 1he lease of Duncan School properly for park and recreational
purposes.
Council Bill No. 41, Series or 2007 au 1horlzing a Con 1rac1 for Deed for the purchase of Duncan
Park localed al 48 46 South Pennsy lvania Street between the Cliy of Englewood and Arapahoe
Counly School District No. 1 (Englewood Schools).
Council Bill No. 6, Series of 2008 aulhonzing an lr,lergovemmeotal Agreement regarding the 2007
grant of Crea l Outdoors Colorado between the Sta l e Board of th e Great Outdoors Colorado Trust
Fund and the Cil)' of Engle\\ ood, Colorado fo r Dun can Park Acquisition.
RECOMME NDED ACTION
Staff recommends tl1a1 Council approve 1he alldciied bill for an ordinance sup1,orllng the City's
g,ant applkat1oi1 lo Gr.,at Outrlv0rs Colorado tGOCO) for Duncan Park de, elopment funding.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Council has authorized a three-phased pu"ha.se of Duncan Park from Englewood Schools. The final
parment for Parcel #3 will he completed 1n 20IO. Redevelopment of Duncan Park. including the
rm1 oval of th e old school building is supported by th e Parks Masier Plan adopted in 2006. The
Parks and Recreation Commission has lctenlified redeve lopme nt of Duncan Park as a hi gh priority.
The Comm,ss10n has recommended 10 Council that the City pursue a Specia l Opportunity GOCO
Grant in De.cember 2009. The one-time Special Opporhrn1ty Grant allows for a ma~imum grant
submillal of $700,000 for shovel ready projects 1ha1 must be completed within three years of the
gr.111t award. The estimated cost of 1he total redevelopment of Dun can Park is $1.2 Million.
Anlicipa1ed funding source, include GOCO Special Opportunity Gran t, Arapahoe County Open
Space Gran~ Conservalion Trust Fund, and Ar,,pahoe County shMe back hinds
FINANCIAL IMPACT
TI1e City's C..OCO grani ,1ppl,ca11on "'" request $700,000 in grant funds \\1th., required C11y
111111i111um ni.uch or l!r' .. \110,000. Tht• City's m,11ch111fl lunds art• •~Sel\ed an th~ Open Sp.ue
fond,
LI SI OF ATTAC HMENTS C...OC-0 S~1,1I Opportun11) Gran1 Apphcauon sin IOt ,ln Ord,nanu• •
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GREAT OUTDOORS COLORADO L(l('a/ furl.., u11d 0 111d,111r Rrcrcatitm Special Opp11rt1111i~1• Gram Csr/1• Dear Friend
The State Board of the Great Outdoors Colorado Trust Fund (OOCO) is pleased 10 announce a Special
Opponunit) Local Parl.s and Outdoor Recreation ("LPOR") grant cycle that will award between SS and
$7 million of Local Government rurposc funds to help muni~ipalities. counues, and park and recreation
special districts acquire, expand, enhance nnd improve parks. outdoor recreation and environmental
cduca:ion facilities. ·nie Projects Comrni tt ce meeting to discuss stafrs funding recommendat ions will be
held on March 11, 2010. The Board decision for this cycle is tentatively scheduled for the Apri l I, 2010
Board meeting.
This program is designed lo cover projects that ure too costly to fit within the regular LPOR grant cycle
and to talce advantage of special opportuni ti es due to relatively depressed real estate and constru ction
prices and the down economy. We expect grant requc,;ts to exceed $200,000, up to $700,000 for
parlc/outdoor recreation development/enhanecrnenl projects. We will consider applications that request
more than S?00,000 for exceptional proJccts that can demonstrate a need for higher levels of funding;
however, granl requests for S200,000 or less should be submitted in the next regular LPOR cyck (which
will likel y be announced in December). Because of the size of the requests and the limited amount of
available funding, we c~pect this cycle 10 be extremely competitive s<> funding is not guarantce<l.
Applications will be d1S1nbuted hy rct•ucst only.
Herc arc a few up, 1h,11 will suppon the success of your npplicat1on :
• Call staff at ~11) r<>mt during Lhe comple1i,1n of this application. We arc always willing and happy
10 assist you
rhoroughly re,·1c\\ the mformatmn on eligibility to ensure yo.ir project meets all requirements.
• Rcvirw the cntue applica 11on prior to beginning work on 11.
• Sub1rnl :, lr'tfl application to OOCO staff up to two weeks prior to the submission date for
comments.
• Ask staff for s:.mplc apphcat1ons
Tirnnk Jl1>U for your in1erc,t in Great Ouidoor.; Colorado. The Board look~ forward to forming
partne rships with communi ties throughout the stnlc lo leverage its funds an d improve Colorado parks,
outdoor recreation and cnl'!ronmenta l education opportunities.
SincL-rcly .
Wally l'h:cnne
Semur Program Manager
Anncc Wesley
Pmgram MJnagcr
Jackie MIiier
Program Co"' dumtor
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Al'PLIC.-\ 1'10:"\ CHl:CKI ISl Please s icu lhe follcm iu~ certinc:11lon 11nd <uh mit thi~ ch ,·cl..l i-1 tu GOC:O I\ i1h )t1Ur appllcn1io11 . Pl ease he s ure 10 check each ho~ helm,. indiculin:( tha t the r1•quired Information has heen Included in the applicalion package. ··All of 1hc below rcqucs1c<l 111f,1nna11un 1, included w11h lhc pn'.)ccl npphcauon." Projcc1 Tille: ________________________ _ S1gna1ure: __ _ __________ Date:
Pnntcd Nome: ________________________ _
Con1act's Title:
Application Checklist:
0 Sig ned Applica tion Checklis t
0 Signed Su mmary Form
0 Docum en ts Req ui red for Eli gibiUty
0 A Signed Resolution from Governing Body
□ Prop(.'fty Deed or Long Tenn Lease illustraling applieanl ownership/occupancy of
property for 25 years. This can also he submitted at lhc time of 1he grant award .
□ Completed Environmental C'hcckl ist
0 Doc um ents Req uired fo r E"alualion
□ lk<lgct Fonn
□ l'relimmru; T1melmc Estimate
0 Response 10 Selection Crit(.,ia Questions (a narra1ive provided on your ow n raper)
0 Allachmcn1s to Selection Crilena:
Documcntali on in Support of Public Process
• Site Plan
Community Map
• Intergovernmental Agreement or Memo of Undcrslunding (i f applicublc)
□ Non-cash sup port lcllcrs
You r applicatio n should be consl rucled in th e order presented on thi s check list.
• Fa ilu re to submit nil re<Ju ired documen tation mny rcsull in the lncli~lbllity of your p r ojecl.
I I ,IBI I 11 ~ 1\1 OR,\L\ I 10\ \ our 1m•Jt· I mu,1 ruet•I :,II ol 1h, lnllul\in:: rrl1crln 111 ht l'li!!ihlt• for a 1wrial <>11p or11111ih I 1'01! l!f~lJII. I . F:lij.!ihlc \pplicnnl\: lu111,1pJht1,· . '"un11c • an,I PJrl., and rucn:Jt1,on <penal d1~1nct< arc the ••nl~ cn1111e. di!!Jbk 10 ••rrl> fi1r Ll'OR fund, The eligible cnuu,~ mcm11•nc-J m.i) co-spon,.,r a pmJCCI "1th uthcr pubhc. n<ln-pr111i1. nnd pn\';llc
agcnc1c . for c~nmplc. a c11y may apph on l>d1.1lf of a school d1 . tncl. Plcnsc comae! GOC O slnff 10
di uss pruc~,Jur,~ anJ n.-qutrt.'lllClll . rcl,umg 111 apply mg on hchalf un an 01herw1Se-mchg1hlc cn111y
2. Project Type:
Local Parks ll!ld u1dnor Rccrculion prnJL ·ts mus l Iii into one of the fol lowing five ca1cgorics:
New Park Dcvclopmcnl
Funding will be u t-d to crcJ IC a rark und /or envi ronmenta l cduca1 io11 faci lit y where none currc nll y exists.
Enhanccmcl)I of Exj~ljng 1:11cili\ics
Funding will be used lo enhance or improve urrcnl park facilities and/or environmcnlal cducniion
facili1ics . This 11rojcct type includes the in slal lntion or creation of new fac ili1ic s at un existing r 11rk .
Fairbwund Dcvc)l>nmcnt
Funding will be used to cnh,mcc ou ldonr recreation facililics al fairgrounds, i.e. gmnds 1an ds. ou1door
arenas and outd1~1r rc,lroom fuci litic .. GOC'O docs 1101 participale in project< for indoor amcmncs
localed on foir~munds.
GOCO II l'l\ J ~'J'Jtall' ,1p11h~.1tmn f,,r 11;1i" p1uJL-cl~. Please ·l•nta l GOCO \tJff tu rccdvc .1 ''"P ) nf thl"
G O apphcauun for 1rmb ci,nstru ·tion
l'nrk Lnnd A • u1s111on
GOCO uses a ,l-pamtc apphcatmn fur I POR land acqui. it1ons . Please c.>ntm:t GOCO slaff In rL'CCI\ c n
copy of the G > npplicauon for L POR acquisitions.
3. Eli gible ipcn cs :
·111c table bch1\, list; cxantplcs ,,r eligible und inchgiblc pruJCCIS, component mid cxpcnsl-s. 11,c tab le ,s
1lluslr.111vc ,met dot.~ not include oil clig1hlc and 111elig1blc exp,mscs. Please contact ,OCO stu!Tslmuld
you hu1 c tJuc,11<111, reg :1n hng project uml lor c1,mponcnt eli gibility . The mcnhnm:d mclig ib lc components
and expenses l'm1m1 t he pu1d fur with i lC'O fu11J s nor can they be usl-d towards the upplicunl or parlncr
matches . (S,-c lh,· ful lm, ini,: p:ii,:cJ
Ll(ilBII I fY 1\1 OR~I,\ I 10\ [ El.lc;1111 1, (i 11 cl11!1i11;; 11111 11111 li111i11·,I IOI Athlct11.: liclJ \."tl\1n Pia ,mu,1d Ska1cpark!R111• (sbtcho11rd!!)g or hoc,_c~)~) ___ _ lk"'-ck>pmcm Jnd or n:dc\'clopment of f:nvuvnmcntal
Educa.,on r • .:,htws. outd,>or cla...sn,llr,, and rw.1urnl
areas 1ntcndc.:tl ror cnv1ronn,cn1nl education pu~
Rcslroonu
Infrastructure (irrigation, sprinkler system, drnimtgc,
p:irking lot, lighting, etc.)
Amen11tcs (restrooms, drinktng fountains, benches,
functional landsca in . ienic tables and nvi lions, etc.
I INELI G I IILF (i ncl udln~ hut~llmlml to)--Non-lixcd nMcts (lawnmo" crs, snow blowers, gloves, <hovels, ml.cs. wool caters, uniforms, etc. Amusement arks Outdoor x:rformin • arts centers / am Lt1~!1c_a_tr_cs __ --i Land acquisitions intended to remain os 111 :n space
aod/or for preservation ( even , r the projc I mcludcs
minimal dcvclo ment
Adminislnltivc costs (gas, photo copies, mileage, food
and drinks, clothing. grand opc•.i·.,: entertainment.
grant writing, etc.)
Operations and maintenance (or Jcferrcd maintenance)
Note: Sta.If time/or operations and maintenance, even
i ,~lated to a · cosl
Ornamental landscaping or capital construction of
botanlc nrdcns i.e. tuU s daisies roses clc. .
50% of all architectural, cng,nccnng and design costs Progranunalic funding for recreational and/or
i..:can=::tebc"uscd==-a==s'-'ma=tc:.:h::... ----------+:en=viro=nm=en::::tal=cd=uca=ti:::·oo===scs"'-----"---J
Disc olf courses Seu! turcs and artwork
Pro 'ects includin nnificiu l turf surfaces Stand alone concession stands and stora •c buildin
Freight and shipping
Outdoor an~cl}_ities located at foir~..-mmds
I rock and ndd prctlcct,
Outdoors" mumn• Is
iers and boat dock.,
Trails. Sec sc aratc:, heat 1011.
I.and acqu1s1t1ons mtcndcd for future <fc,.clopmciu of
outdoor re-creation focihlics See sc arntc a lica1,on.
Expenses 11ssociu1cd with on site l'rojc-cl Mnnui;cmcnt.
(Tlus doc, IHI! mcludc the d<-sk work rc,1u1rcd to
1mplemcn1 the project .. ONI Y momtonng W<ll'l on
Slit.
Indoor facihtn:s, including: buildings at fairgrounds,
recreation centci-s and indoor Is
'The construction and/or redevelopment or golf courses
Work co t award
I IC,18 1I 11 \' l t\HJRI\I.\ 110:--1 ~-:\l n1t hi11 1,: Rcquirc mcnl\: All matching !'csuurcc, 11u1s1 he chgohlc c1•s1' tc.g. ,1dm1111s1r.1111,• """· ,u..t· :.,, m1lcag~. cJ1111111 h,· paid fiu h1 GOC'O, nr used a, a match! h>r some examples uf thgohlc ,m.:log,;,!c <:osts, rder tu th,· lahlc on the ,>rC\WUS r,tgc GOC"O will m11 fund mure than 'O"o u fthc propose,! pmjcct', doi;ihlc costs. In other words. of all the rcs.•urccs required to c,1mrletc the prnpoSC<I pn•Jccl. meludmg the requcsl1.xl GOCO grant. n n ,;m um nf J O• o must come from ,,,urcc~ other than GOCO. Ahh.,ugh iota! match mg resource,, ma) he ,er c:ish
or m-kind (sec bclc•w for more information regarding 111-kind match), a mi nimum of I 0%, is., oal
pn,1cc1 costs must be 3 rash match from the applicant 11ndlor paiiocrs.
ln-kmd ~on1ribu1i1)11S moy include donated quantifiable proressional services ,natcnuls nod cr,p!11.'S.
equipment, etc. "\'olun1ccr." or non-quantifiable. non-professional lime, may not he used as·,~ ,n •ki1d
con1nbu1ion. This mformallon \\ 111 be documented in the lcners of non-cash suppon tha1 arc t "'tl '· c:a to
be mc ludcd with 1h1s appl ication,
Land ,,alue: You may use the ,alue ,finnd purc hased specifically fc,· the purpo~ofthis projeci as a
cash match ifit is purchased within 3 years oflhe grunt decision date. You may use the value ofland
donnted specifically for the purpose of this project ns on in-kind match if it is donated within 3 years of
the grant decision dale. Both instances will assist in satisfying matching requirements only when the land
will he developed for GOCO eligible uses (public outdoor recrcalton or environmcntnl education
fac1li1ics). TI1e value of the land •~cd lo meet th e matching requirement~ may only be used nnc ti me. 111c
his1onc cost. or value al time of, .trehasc or donation, may be used as match. Land donation., from one
go, cmmen1 cnlll) 10 another ca nnot be used as match
Design. Archlt cc turnl ond Engin ee ring Cost ~: Only nfl)· 1>c rccnt (5tl'1/o) of the I0lnl dcs i~n,
c ui,:i ncc rin g, planning an d/or architec tu ral costs 1113) be us,•d as part of the a ppli ca nt cas h or in-
kind matc h. COCO fond s cannot he used to pay for these CA pcnscs. ror example, tfyou hu"c
1..-;.111nn1ed spcndmg S5,tKKl on design and engineering fu r the project S},500 could be used us 111a,.h i11
your budget Plc:isc 1dcnt1fy the total design/architectural or engineering as a foolllOle on the budge! (i.e.
so•~ llf$5,000 $2,500). Aguon, GOCO funds may not be us,-d for these costs, so plca.<c ltsl them in the
upplicant or partner CJlumn of the budget.
5. Prclim inn ry Timcline Esti mat e:
Work on the pl't)poscd project may not hei:in until nficr the grnnt Ob'l'Ccmcn l nas been signed by GOCO
and the grn111cc. Ho"cvcr. the umclinc should begin with the Board decision da · (Ap1il I. 2010). Grants
are allowc-d up lo three y~ars from the awnrd date for complc111 Any prop,., 1 changes, mch:dmg
extensions, mudilica11ons or early co mpletion. must he rcqucstc, ri li ng und nppn,, c<l in udvnncc by
GCX'O. Projccts not c<1mph .. 1L-d in u timely manner are subject to 1vcrdue Grunts Policy and may be
dcau1horizcd . GOC'O's Owrduc Gmnt Policy can be found al~ Q&!'.l:,
6. Property O wnership:
All property on which GOCO fumk-d prl1JCCIS nrc locatc-d must be undL-r the control oflhe applicant.
without encumbrances, fo r at least 25 years . This infom1a1ion must be documented on a dc~-d or long-tenn
k.1,c If the rn•pcrt~ is cm·ncd by a third ('Jrty (e.g. a ~chool tli~1ric1). m1 ln1crnnvcmmen1al Agreement
or •lhcr con1r,1c1 bcl\\<'Cll the apphc.ml an,! the prnpcrt~ tl\\nc1 \\tll h 0 rc't1u1rcd for 1111, ,1pphc.olton
EIGIBILITY I NFORMATION 7. Grant R eq u ests: The mu1mum grunl request for LPOR Spcc1,1I Opf10num1y grunt, 1s $700,(WlO for par\. ·outdoor n.'\Orcation dcvclopment/cnhancemcm. fhcrc 1s no maximum fc. the 101al pmJCCI cost We will consider applicalions thnl rc,,ucst more 1han S700,000 for excepti onal projects thal run demonstrate n need for hi,;),cr levels of fund mg: however, grant requests for $200,000 or less should be submillcd in the ncxl regular LPOR cyck twh1ch woll likely be announced in December).
GREAT OUTDOORS COLORADO
LOCAL PARKS AND OUTDOOR REC REATIO N
SPECIAL OPPORTUNITY GRANT APPLICATION
MISS/0~ To /1 l'ip 1hr pcoplr of Cr,/oraclo preserve,
protect. enhance. appreciate and enjoy our parks. ,.,ldl,fc.
trails, ril•rrs and open vmcr through strategic gra11L•.
1m1·/11crsi,/ps an,/ lcadersliip.
Appli cations Issued:
Ap plicati ons Du e at C OCO by:
Boa rd Dec isio n {Awu rds)**:
October 5, 2009
Decembe r 11, 20 09
Apl'i.l 1,20 10
• if you <11'1' prop<>si11g n trail co1wr11ctio11 project or a land acquisition, please 110/l· that GOCO uses a
setx1ra1e application form for those projects. Please contaa GOCO staff to get the appropriate
application form .
.. The decision date may change ,( the Roa rd /ras 10 change ii , mer1i11g schedule
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SL \1\IARY FORi\l Grcn l ()111doors Colorado /\Tf.\': LPOR Special Oppnr111nil) l'roi:r11111 1(,()0 Droad11ay, S te . 1650 n cnl'cr, CO 80202 Plca~c pwvirlc one t 1) original applicauun an<l livc (5) addilional copies of your application.
PICll,e ~n nOI r nd y •l•r apphca1m11 or add dividers or tabs that will pm cnt GOCO from ea.,il;•
photocop>1ng the application.
( ·~n••nts or application:
Application Checkli st Page I
Summary Form & Instructions Page ,1-9
Resolution Information & ~.,m pl e Page /0-11
Environmental Checklist Pag,: 12
Selectio n Criteria Pag<' /.1-14
Budget and Timchnc lnformau,in f'a,:<! /.I .I 6
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Ul\1.\RY rnR~I r .\RTIC I r \r', r I NFOR.\1.\ TIO\ t\pph.:a111 Pnmnr) 1',11111cr 11111111 J • ------2 Aprh,.mt Aildrcw 11 l'anncr Addrcs-: 3. Applicant Contact \amc 7 Partner Contact Name: Primary Contact'! YES Pnmar)' Conlnct' ) ES NO Title: Title: Telephone#: Telephone#:
Fax #: Fa x #:
E-mail: E-ma il:
4. Count) Counties: 8 City (physical loc;llion of project):
PROJl:.CT INFORMA TION
9. Project Title:
10. Grant Request: S ______ _ Total Project Cost: S
11 Brief Project Dcscnption In 250 word.< or less. an.<wcr lhc ~ucstions bck,w
Ho~ docs 1h11 pn,Jetl rq,n-,;en1 a special •rronun11y th.II .. ould make II ll'1rP"'f'MIC for ooco·s Slanoard I.POR
grant prn);rJm'I
Whnt 1~ lhe propoM:d prl'.'4.'tt. mclud mg nll i.:c1m1,.c11 u·m~'!
Why 1~ 1hc prnJcCt needed? llow will it lu1 prow the Jll1tk & rccrc:111cin c,rx:ricmc ofresulcnl~..,
Whn w,11 hcncfi1 r, 111n 1111! pmjec1?
• I~ lhc:rc nnyihma umquc .about c111ttn pan1ciprumn in design or financmg of the pmJ':ct'/
• \l.'ho dse ,s suppun,ng 1he pro;ec1 beside,, ,~ opphca,~·1
12. Do you currently have on open GOCO grant?
13. i\uthori,.ccl Signnlurc: _ ___ _ Dulc: ______ _
(From 1111p lict111t Qrfitt11i:atio11)
Pri ntc-d Nnmc am! l'itlc· Dute: _______ _
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• SUl'.\IWY I OR'.\I I. Applicant: f·11 1cr the name Pl tho .,pp hcalll 011111, '"'' r:1te1N, "l'/'!1,,1111., (111 /.I'll// Cl'<1III. '"' ttWJlklf'.Jht1c,\. n1m111 ·,\, mu/ pm·! und r,·cr, u:uw S/'1 c11J/ ,f:.,,;tr,t·t_, Sm Ir olt,/Jt.'l run I"" lll1•r ,, ult 01/wr 1111/,/« 111111-pro/it, 111u/ pri1·,tt,· u,:,:,11c,,·.t 2. Applicant Address: Enter 1hc ufiic1al maihni; uddrc,s 11fthe applicant. J. Applicanl Co nta cl: Enter the numc, mlc, 1clcp hrn1,· 11ml fox numhers, und lhc e-mail uddrcss of the indi vid ual who will have day-10-day responsibility fur the project. lndicalc whether this person or orga111,u1i11n will be the main con1act for tl11s b'l'anl. By sclcc1ing "no;· )OU arc indica1111g thal lhc Partner ('(Intact will be 1he pnmnr) contaCL Not< 'f11r applicont coll/net 11111st be from 1hr elrgiblr
app/1 a111
4 . County: Enter the name of1he co unty or e<1untics in whi ch the project is located.
5. Partner: If the applicant is sponsoring or co-sponsoring the applic1111011 in woperation wilh nn(lthcr
entity, enter the name of the partnering entity.
6. Partn er Address: Enter the official mailing address of the partnering entity.
7. Partner Co ntact: Enter the name, title, telephone and fax numbers, nod the e-mail address of the
responsible individual associated with the partnering entity. Indicate whether or not this person or
organization will be the main contact for this grnnl, assuming day-to-day responsibility for the
projoct. By sclccling "no" you ore indicating that the Applic~nt Contact 1,111 be the primary contact.
8. City: Enter the name of the ci ty or cities io whi ch the project is located (if appl,cab/c) •
• 9. Project Tille: Enter the 1itlc of the proposed project. incorporating the name of the apphcnnt,
affected site, und lhe essence of the work to be completed.
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10. Grant Rc11ucst and Total Projec t Cost: Enter lhc grant rcquL'Sl und tot,,I projecl co~I us i11dic;1tcd
on your Budget Fonn.
11 . Bri ef Orscription of the Project: 13ncfl) summari,.c the projccl pmprn.al. In 250 word~, dcscnbc
the scope and nature of whm is 10 be accomplished.
12. Outst1111dlng Grants : Please ind1cntc if you huve oulstnmling or open COCO grants .
13. Authorl m l Signature: Have the appropriate authori,cd offi cial from the Eligible
/\pphca111/Recipicn1 orgnn1Z111ton sign the summary form .
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DO( l \I!·~['-I l>R l·I J(ill3111 l'l I. R ESOL UT I ON FR0:\1 GO \"E R~l i\'G BOD\' Prior to hegmn111i; w,,rk ,,.1 your Rc,,1lu11un, pica,~ re, 1c\\' the sample RcSJ•luuon 011 the fulluwmg page. Visit www .gocn.m:g to dr>11 nln;id 110 electronic copy or the Rcsnlu1ion or comuct W;il ly a1 303.22{>.423. Aimee al J0J.226.45~3 or Jackie ,11 J!llillcrlii•wco.on; or 303.226.4524, Th e Re~olution mu st inrlu de lhc fo ll owing:
T he gover n ing hod y's su ppo rl fo r 1hr proposed p roject and opplicalion.
Mai ntenan ce eurrn hili tv : A slll tcmcnl verifying that the proposed project will be properly mnmtai ncd
after completion An estimate of the annual maintcnuncc cost from the entity responsible for mnintmning
the project must be included.
Status or p r npert\•: A statement vt-nfymg lhat the property being used for the proposed proJcct will be
under control of the applican t for at least 25 years. ff the property is owned by a thi rd party, for example a
school dist ric t, n si gned copy of an h1t crgovcm mcntal Agreemen t or Memorand um of Unders1andi ng
between the applicant and the prop. ~wner must be referenced in the reso lution and atlachcd to this
applicant Contact GOCO for a san1plc lntergovemmcmaf Agreement.
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AbiUtv to complete the projec t : Note the applicant's abthty to complete the specific transactions that •
will be necessary 10 accomplish this pmject. Has the oppficunt dc111onstra1cd tl1eir ability with similar
1runsactions? N,,1c the staffs cxpcni~c and financial resources that will be used to complete 1hc proJcct
and similar i11fon11:11ion abciut pu'111ers thul will assis1 111 co111plct10g the project.
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• f)UU \I I \. J , I ( >R fl K rlHII 11) Samplr Rr~olutio n <;upp<>ntng 1hc Grunl ,\11pl1<·:1111,11 1nr al 11,·.d 1',trk, .111d I 1u1d,,or Rc,r,-.111011 'ipcc1.i1 I 1,., ,nu1 tr t) l11J111 from 1he Sintc Board nf 1hc Circ.11 nu1cloor· 1 'nlc1n1d11 fur 1he ('Jame nr Prn1cll) \\'I ff REAS. the (Name ,,fl ·omra,tmg Enlll) I sup)"'"' the Great Ou1d,1or, Culor.1<111 gr:,m apphcalmn for the (\amc of PmJCCll WHER E,\S. the (Nn mc ,,ITomrac11ng l:nllt)) ha, m.1ucs1c-d (Amounl of Grant) from Great Outclrn,rs
Co lorad(l 10 (lnd,cuw N"tur,• ,.r Projec1).
NOW, THEREFORE, Ill£ I f llERE8Y RF SOJ,\'t:o B\' TH E (The Governini: Bod) of
Contracting Entit y) OF TH E (Name pf C'o ntrac1ing Entity) THAT:
S«tion I :
Section 2:
The (fhe Governing Bod) of Contracting Entity) of the (Nome of Cont r acting Entity)
s trongly s upports the application ind has a ppropriated mllcbint? fun ds for a grant
wit h Great Outdoors Colorado.
The n ·hc Go ve rning Bod y ofC0111rnc1(ng Entity) of th e (Name of Co ntracting Entity)
authorl1.es the expenditure of fund s necessary to meet the lcrms and obligations of
any Granl awarded.
• Section 3: The project Sile is O\l ned by ( 1me of Contracting En1iry of Name of Partnering
Entity) and \\ill be owned by (N ame of Con tracting E nt ii) of 'ame of Partnering
Section 4:
S wion 5:
Section 6:
Enthy) for 1hc neAl 25 r ears.
The (The Go,,crning llocl )' ofCunlroct in g Entily) of the (Nnmc of Contractin g Enthy)
will co nlinn c 10 maintain (Projec t Titl e) in o high qm11it y co nclillon and will
upproprinll• fu nds for 11mi111c11nuec in lls annual budl,(Cl .
( amc of C ontracting Entity) has lhe ability 10 complete this project and has
dcmon s1rutcd this ability in X 11rojccl completed in 2006 and X project co mplr1cd in 2004.
This resolution to be in full force u1d effect from and nfl cr Its passage and nppro1 al
l'ASSED AND A l'PIW V IW ON:
Dale:
APPRO\'ED B\':
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D<K l"\1I , I\ I OR I I.IGIBII 11) 2. £~\'IR0:\1\I E.\T.-\L C II EC KLI T I h1,; ,1p;tlh.:.1111 I'-;--c\r\,n~1t,k f. ,c1o.1J 111~ .111 n~~c,~ar~ penmt\, hcc.n\e,, dc.1r.ini.:'-"'· ,mJ cm 1h1nmcntal anal)"' <111rumcn!Jt1,,n nccc."Jr) 1<1 ,,,mpl) "uh loc,1I. ,tJlc, ,,r fc<icrJI IJ" 011 ,m ,,ttuchL~I paper. dc,mhc the proccs, w dfons made to re, ic11 potc1111,d w1ld:ifc :ind ell\ 1runmcnt,1l 11npacts ,,fthc rw_tcct a, t:(111..:1,cl) and ,pcc,fically a1 po1s,hk l11clU<k an) relevant informau,111 m c.id1 of tl1c cntcgor) qucsti1111s li sted \:lclo11 and 111d1caic which question you arc :i11swering. Exmnplc; urc given of the types of i11fonna111m that ma) he valuahlc. If these questions arc not nppl icnhk 10 tl11s pn,jcct, plcusc write NIA and state the rcasonmg. Norr: 1fth1s 1m1,1cct is a land acquisition a more detailed cnvimnmcntal assessment will be re-quired.
I. Species of Co ncern. Is II hlel) that rlant or wildlife species of concern nrc pre.sent on the
proposed proJect sue?
• Federally li~tcd threatened or endangered species
• Species that arc rare or have hm1tcd range m Colorado
2. Hnbllllt \'alue. How imponant, productive, or pristine is the wildlife hnbitut 10 the project urea?
• Exisung development or human impacts to the proposed project arc.,
• Cri tical habitnt for a pnniculnr species, or an area with high val ue for nesting, feeding or
calving
l'otcntial Impacts. In what wuy~ will the project have, or potentially h,1vc. an impact on wildlife?
• Disturcancc of sensitive species during rest, feeding. or reproductive cycles
• Loss or reduction ofhab11at
• Intrusion into areas with httlc cxis11ng human impacts
4. \1itif "tion. H,,., will th= impact~ b<: uddrc,scd?
• A,tcmahH' design or tru1I mute sclc.:tmn
• S•:rccmng of ust-rs from wiltlhfc area, pmtL'Ct1<1n of critical hnb11ut, channeling use through less
~cnsu1 vc nrcus
• Management of users and related activities with signs, fencing. and education progrnms
5. Bcncli t. How is the proJcct plnnncd to have a positive impact on wild life?
• I labi tut improvL'll1cnt such ns restoration of wetlands, river corridor c lean-up, or plantings for
cover nestin g
• Fducation of user.; through environmental education programs. opponunit1cs for "watchable
wildlife," and wildlife impact mo111tonng
Principal so urcc(s) of information: (cg. C'olorndo D1v1sion ofWildhfc, Colorndo Nmurnl I lcntngc
Program. local agcnc~. staffb,olog1st, consultant)
r r ilrtcci;iumc, t itle and teleph one number of r1crso11 c~ns ult ed:
Si~n ntu rc of 11cr,011 cons ulll'd Dale
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l)()Cl \11:--Sl'.->IURL\.\IL:\IICI\ • 3. SEL£CT I O~ C RIT E RIA
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All Jpph,.11,1, mu,t rc-.pond 111 the folltm mi; ,dcctu>n cnlcn• ,,-.;111111, Ill '"' en JM£CS or k,, I his nrrhcall011 II 111 h,· scored on ,I I 110 11<•1111 h:is1, n1c m,l\l111Ulll p,,m1, J'll"lhlc fur ca .,h ,cc11nn ha,c h,-cn shown in 1wcn1hc,c, Th,· ,even pugc 1111111 ,11,cs n01111dud,· a1tachn1cn1,, sllc mnps. lcasc agreement deed. c1, heh ~,.,,cc, w,11 be re, rewed by nuL•idc reviewers and GOCU s1af[" Kl pr,~c-cts will be r,1n~cd ac, 1,hng 11 • .,,ewer uad staff scores In a separate dorumn t. plrn<c a rm, er" e r) ques tion under the section hc:i din i.:s, and rcst at1· the
questio n ) 011 3rc nn ~"crini:, I ,ilurc 10 pmv1clc o respon~c under any selecllon cntcna qucsuon muy
reduce your prv;cc1 's score Pl,•ase reference all a1tad 1mcnts.
Photographs 3re \\Cloomcrl hi. :vcr; pomt, will be ded~~tcd if photographs arc used as a suhs11tu1c for
nurrJtive.
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11.
A
B
C.
D.
E.
A.
C harar.terbti('s; (25 points)
Brier.)' desnibe your community including information regarding demographics.
populolion, cc!lnomy, etc. Be ~ure 10 highlight what makes your community t•ni.1uc.
Describe other ecrcational amenities within your community, including amenities that arc
similar and d1s;1milar to the proposed proJecl.
Describe the scope of 1hc proposed project. Descrihe in detail each individual projcc1
001 ,ponent, including the work required to implement each component. Provide
information on dimensions, ages served, materials used 10 build ii, etc.
Describe the means by which lhc proposed proJccl is ae>.:cssib le lo the loc-ul rnmmunity
and tl1c region (car. bike path or tnal. hus n-ute, on foot, etc.).
Pnw1de a snc plan 1den11fying and detaihns the existing sue amcmlles and pn,poscd
prlljcct clcmcn1s.
Ne ed/Urgenc y: (30 points)
Describe the unmet recreational neols in your community, i.e. lack of field space.
deteriorating conditions 01 existing facilities, program demands, clc. Explain hllw the
proposed pmjcet wi ll spc'Ci fi cully meet those needs and s1gni!icanl ly improve and impuct
parks and nutdoor recreation facilities and opponunities in the propose"<! park. in your
c-ommunity and thmughout the region. This discussion should also include informallon on
how the project would nnpact existing pmgrnms und po1cn1 i111ly crcutc new programs.
0 Discuss how yt•ur community 1s or 1s not compcnsnhng for the lack of the pmposcd
pr!lJCCI, Do people have lo visit neighboring communilics for rc~rcation and recn-;itiunol
programs?
C Esumatc the number of users of the proposed pmjcct.
D. Addrcs~ 1hc ncci for GOCO funds. Will the proJcCI be completed without assislancc from
GOCO? How will tl1e scope of the project be affected if GOCO funds go un~ccurcd?
E. Will opphcanl and/or partner funding cannarl:ed for this project be lost or~pcnt elsewhere
should this project 1101 receive GOCO's assistance for this grant cycle?
F Al what stage nf read mess is the project? I las preliminary und/or finul design hccn
ciimplctl-<l' I, the pmJl-Ct ready for 1mpll111L111a1m11·.• I lo\\ "JOn can ci•nstru~llon MJn'1
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[)()(. l !\ 11 ;-, l :-. I C l R L \ . \ I L. \ I I• 1 ;-, Ill. Puhl ic l'rorc,, and Pi nn (15 r oinl\) r>: .. -.·u-., th"· plJnn111J,! pr111,.1,;, 111\nhL't! 111 Ch\: pr,1p<1,"-,J p:\•Je~l 1, lhL' pt,1Jcd lhh.'\l .1'-Jr· I H' ·~ • m ;i de, d .. r-,t mJ,tcr pl.m'' \\'hen".,, 1t,, p!.m cumplct"1'' \\ "' 11 lumk~I ~, ( ,O('(I ,' B PlcJ,c ,uh1m1 the page, of the plan thm document this pn•po'<.,J proj,-ct C tr 1hr pr,~c.:I ,, nut pan nf an .ippmv<.-d p.irb .md rc-crc.iuvn mas1cr plan. ,h,cu" ,1nd do .. -um .. ,n h,m the nc,-J lvr 1111, prt~cc• was dc1ennin0d. ,~ 1111, pr,lJCCI part ,,fa commuml) rlanmn!! ,md d,'Ci,11111-makmg pmccs~·> IJ<.-;crihc the mcthodoh•j!} used 10 J.:1cnmnc the nc,-d for the propos,-J f'rllJCCI for example: 3 P111>/1C" m,·,·111111.1 \\'hen were public meeting.~ held" Him man) a11cnJc-d'!
h S11n·cn lln" man, f1COple were sun eyed? V.-'hat did the ~un·c~ entail'/ Summanzc the
data collcc1cd
c. l'e111io11s. llow many people were pc111ioncd'/ Summan,c the results of the pc111um
D. All ,lucumcntallon pcnammg to the pubh, pr,,ccss is required 10 be submi11cd with the
opplicatmn (i.e. mcctinf: notes/minutes. sun·ey and pctitic,n results. etc.)
IV. Matching Funds and Pa r tners hips (25 poi11t ~)
The Matching Funds nnd Partnerships norrntivc wil l be scored in conju11 c1mn with the b •. get Fonn and
In-kind Fonn. The informmion presented in these three items must be consistent. The co mbined
inforn111llon Is wo r th 25 poi nts.
A. If there arc outstuncling matching funds, when will confinnation of the award be received?
Whnt ,s your plnn should outstand ing matching funds nol be secured?
B. Please dcscnl.. how matching funds were acquirL-d. For example, describe fundr.:usmg •
cffons mvolv,-d m this p11n1culur project. Are tax dollru,; h :ing used 10 fund thi~ recreation
pmJ•'CI''
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C. Dcscnbc finJnc1,1I lrnrdsh1p, if prcs1.'!lt. V.'hat is the financi.,1 outlook of yc>ur community''
I lu\, h,1, harJstup lnnucd the communit) ·s ab,ht) to contnbut..: t11 the projcd'/ If you will
be unahk 10 meet UOCO', mmnnum match rcqu,rcmcnb for thb pr,,Jccl ond arc SC..'Ck111g a
",11\ er vf the 111111ch rs'ttuir,,ucnt,, please CA plain "h)
D What 1s the cs11ma1cd cost of mam1a111 the project over its useful life? ll11w will OJ"-TJtion~
and ma1111L'l1311Cc be fund,-d m the future?
E. If partnerships for this proJcct were not possible, pkase explain why.
o n-cush Support Lette rs (S poin ts)
Provide supp<1n lc111.-r.. from c.ich mdiv1du11l or c11111y sup[l(>ning 1h1s project 111 ways other limn financrnl
contribution~ or in-kmd suppon. Letters should come from entities such as foundations, civic
organizatmns, co111mu1111y 1111.,nhcrs. locnl husincsscs, schools, stJlc agencies, etc. II is im[l(>nant to ,IIM•
mcludc lcllcnl of sup[l(,rt from us1.'1" groups. A lcllcr of suppurt should emphasize the type ,,f support that
group c11 individunl will pmv,dc. nnd also reflect the demand and urgency for the projwt. Please linul the
lolul number of suppon lcllcrs ,11111/or c1u11111i1mcnt lcllers to 15.
All letters of s upport 11111st he snhmillcd wi th th e 11pplic111io11. GOCO will not 111·rept lette rs of
support nflcr the ,tcudlinc <lute· of Occc mhcr 11 , 2009.
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BUDG ET FO Jn1 (i()('fl ha~ Jvml,1hk-JII cleclr!'mc hudgc1 fc,nn and a ,ample Budgc1 \'1'11 '"''\Llli.!._,o.nrg 1n d,111 nlo.,d c11hcr ducumcnl or <:l'nlac1 Wall) al 30lnt, 452:l. AmK-c JI 303.221\1.-1523 <>r JJ,kte al 303.22<• ~514 This Budge! form will he scoml m C<'nJune11on wuh 1hc inforrnauon pm11dcd m the \1a!Chmg Funds and Pann crshi ps scc1111n of1hc Scle.:1ion Cn1cn:1 nam1lil'c The mforrn:umn Jll'l'SC111L'II m the;e 1wo 11cm, mus! be consistent. T he co mllincd infor mation is \\orlh 25 points .
T he Bu dget Form will ask )'O U 10 comment on the foll owi ng items:
Source of Funds:
C ash : List each funding source 1,n separate rc,11,s within the excel shccL Indicate the individual
contn"bution amounts, ctthcr under the appl,cant column or the partncr co lumn, whichever applies. Be
sure 10 include 1hc GOCO grant request under the appropriate column.
In-kin d: Lisi each in-kind contributor on separate rows within the Excel sheet Indicate the in-kind
eontri bu1ion amou nt under the appropriate col umn, either applicant or part ner.
lJse of Fu nds :
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Cash: Organize your project into budget categoncs. inc number and types of calegories will vary from
project to proJcct nnd d1• not have to mirror tltosc c~tegories represented on the sample budget. A proJecl
that will n.;,l,1cc existing playground equipment ond install irrigation und land9caping will include hudgct
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categories that nre quite d1 ffcrcnt from a proJecl thm will develop a\\ hllcwatcr park. The sample budgrt
un the following pngl' pn1v1dcs un exumplc.
Once lhc liudgcl ca tegoric, ha, c hccn dclcnmncd. provide a breakdown if ca-:h Clllcgory hy demi ling the
work rL'quircd and the vendor Cir S<.'l"Vtcc provider ~SS<,cialed with th.it work. When applicable, each hnc
item should include the number of units for purchase, and the cost per unit. Agnin. plc,,.se see the attached
sample budget.
In-kind contributions nnd dondtions include, hut urc not limited to, land, professional services, mntcrials
nod equipment. Estim,,tcd vnlucs ofland sho t.Id he derived from apprnisnls .
Estnnatcd values of service.~. malcriab and ct1uipmcn1 may be dcriv<."tl from puy scales, standard pnccs,
s: 1:dard rental rotes, elc. Applicants may lie asked lo prnv,de ndditionnl mformation to support the
valuation lis1cd.
Documcntauon from m•knul rnividc-rs stating the valucicost ofthc1r scrviec/cquipmcn1/mnte,,ls through
lcll~-rs. invoice.•. etc. 1s r<.-c11111mcndcd.
Vol unteer hours ancl services arc i!Q! lo be inc luded as an i·,-kind match .
I)( Jt l \!I \ I I., I c IR I-\' \L L.\ I IU.\' rip, co rnmplcci111! lhl· lludl!CI l·orm: • lk\1,011 ti,, :n.,1,h111i: r.•<ju1rcmt.1ll . 1,1,~l II the d,i:1h1l11~ d11,·umc1l1Jllnn • fn,urc 1h, cJkul.111,,11, Jr, a,curJlc • l:n surc the 1,11.11' rc'f)rcscn1cJ m lh< r111J I ,,urcc 11f Fund, fl"' mulch lhusc rcprc.,cnt-,1 m the Tt11JI t'..c 1•ffunJ., ""' • Fnsurc ti~, uni, lift) fl(.TCL':tl (50"•> <>flhe 101ul CPsls for dt:.sign. cngmeermg. [IIJnmn11 nml 'n r nr h11c-ctural cu,1. Jrc includL'd .i., a match . GOCO funds cannot be u cd torn~ for 1hc,c nrcnscs.
• An muc.:ur:uc hudgc1 ,md or 11, .. mdu:.1nn "f inehg1ble componcn1s will s1g111licantly reduce 1hc
poinls awarded for 1h1s . ccuon .
• Be urc to con1ac1 G O sl aff wnh any q11t.'S~ons
5. PRELI Ml RY TIMELINE E TIMA TE
GOCO has uvni luble nn electronic timeline fonn and o samp le time li ne . Yi it www .so~ to
down land either tl11c u111 cn1 or co n1 nc 1 Wully at 303.226.4523, Aimee al 30].2263.452~ or Juckic ot
303.226.4524 .
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Applicunt s have three years 1(1 co111plc1c Special Opponu.nity LPOR projects. Do ensure that adequate •
umc has hccn nllocotcd t, comr,lclc lhe proposed project. If the appl icn111 nn ti c1pates t:<>nlJ lctmg the
projccl wilhin u y1;;1r oflhc uwnrd tl.ilc, 1uff ~uggcsts tha1 he applican t allow 15-16 monthi ,, the
hmchnc .
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Okl>IK-\:SCI: ),10. SFRII :s OF :!<Xl'I IIY '\I ' 111<11{11 Y COUNCIL BILL NO. 52 INTROOUtl:D h ,· COUNCIi ME~lllFR A 131LI FOR \\ORDINANCE SUPl'ORTING THE GRFAT OUTDOORS C'OLORAIX• GRM7
APPLICATJO),I FOR DUNCAN PARK DFVH OPMENT FUNDING .
WI I EREAS. the City Council of the C'ity of Englewood authorized an mtcrgovemmcnml
agreement ""'"'ecn the City and Englewood Schools for the lc.isc of Duncan School propcny for
park and recreational pufJJOScs, with tl1e p~s~age ofOrdinanw No. 35, Series of 1978; and
WHEREAS, the City of Englewood. C'olomdo luis miuntained and 0pt-rnted Duncan Pm as a
cmunuruty park for over th1r1y years through a lease agrn:ment with En11lcwood Schools and 1s
considered a valuablt :replaceable pan of the Englewood p.1rk system; and
WHEREAS, Duncan Pnrk 1s the only Pnrk locnted in the southeast quadrant of the City of
Englewood; and
WHEREAS. in 2006 the Arapahoe School Di<'riCI No. I (Englewood School D,stnct) v~ted
to sell the Duncan Park propcny: and
WIIEREAS. the Englewood City Council passage ·''Ordinance No. 42. Series of2007
nuthori1.cd a Contract for Deed f<>r the rurcnnse of D, """ Park lc,cutoo nt 4848 South
Pcnnsylvarua by the Cny; and
WHEREAS. the Englewood City Council pmagc of Ordinance No . k. Series of 2008
authori1;:d an intergov:mmmtal agrecmem regarding the 2007 Grant of Great Outdoo~
Colorndo between the Stale Board of the Great Outdoors Colorado 1 rusl l'u1id and lhe Cny for
Duncan l'ark acquisition, nnd
WI I EltEAS, the finnl 1h1rt n • , purchnsc will be co ,nplctcd in 20 IU; and
WIIFREAS. the C'ity 1o11cnds to raise the old school building on the site and lotally r~•<kvelor
1hc propt'fly into• neighborhood parl:; and
WI I !:RF.AS. the est1111;1tcd cosl of 1.2 nulhon dollnrs mcludcs plnnn111g/dcsign and
construction: and
WI IEREAS. lhc rark nmcnoties nuoy include; pl~yground, picnic pav1hon, mulli-usc ball field.
ro,stroom. landscapmg mid internal lrail development; and
WI IEREAS. the pas.'l.1gc of th is Ordinance suppor1s the City's wnn1 opphcation 10 Great
Ou1d,J(Jrs Colorado for Ouucan Park dcvclopmenl fonding .
'1011. llll RI IORL Ill ITORJ),\l'\EJ)Jn TIIF( 11-YCOl '1('11 orrn1 l'ff\"01 Lr--OJ EWUO!). COLOR \DO. •\S IOLI.O\\S Scc11on I Ilic City Council of the C'ny of l·nglcwood s~rpons tl•c Urcat Outdoors Colorado gmnt apphcauon for Dunc.in Park d,-·elopmcnt fundmg and h:is aprropnatcd matching funds for a i;rant wnh Grc,11 Outdoors Colorado. ~-The City Council of the Cny of Englewood authorizes the expenditure of funds necessary to meet the terms and obh~n11ons of any Grant awarded
~-The project site is currently being purchased by the City of Englewood and ii
an11c1patcs park use for the next 25 vears.
~-The City Council of the City of Englewood intends to muintain Duncun Park
development inn high qual ity condi11oc1 and will appropriate funds for lllllintenancc in its annual
budget.
~-TI1e Ci ty of Englewood has the ability to complete this project and has
demonstrated this ability. The City's Public Works Dcpanmcnt and Parks and Recreation
Dcpllrtmcnl have an excellent irack record of completing projects in a timely 1113Mcr anJ witlun
budget Successful management of capital projects have included; a nine hole expansion, cl ub
house improvemC!lts and e!tablishment ofa teaching facility at Englewood Golf Course in 1995;
9.4 acre expansion of Centenrual Park m 2001 ; expansion of Englewood Recreation Center,
Malley Senior Recreation Center and constructi n of Pirates Cove Water Park m 2004 and
redeve lopment nf Brokcn Tee Golf Course in 2008.
Introduced, read in full. and passed on lirst readmg on the 2nd day ofNo\lffllber, 2009.
Published as a Dill for an Ordinance in the City's official newspaper on the 6'' day of November,
'.!009
Published ni a Bill for an Ordinance on the C'ny's official website bcJinning on the 4th doy of
November. 2009 fo r thiny (30) day•.
James K. Woodward. Mayor
A"r!EST:
1-<>ucrishia A. El lis, City Clerk
I, Loucnsh10 A. Ellis. City Clerk of lite City of Englewood. Colorado. hereby ccnify th.it the
above 11nd forego ing 1s n true copy of a Bill for an Ordinance. mlroduced. read in full. and ram · ,n
fir•t reading on the 1s t d,1y of November. 2009.
l.oucrishia A. El li s
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COUNCIi COMMUNICATION Dale: Agenda llem: Subject: "-ovPmher ~ !11'1'1 11 ci Rt-io\olu11on ~1ppro,mg an agret•menl \\Uh thf 1-tumane Soder, of South Plane \lalle"j 10 prOI ,de tor ,,nimal shehenng se" 1ees tor lhe c,r, of EnRlrwond
Initiated By: I Staff Source:
Ci ty M,rnager', Office Michael flalwriy, Depu ty Cliy Man,6,,
COUNCIL COAL ANO PREVIOUS COUNCIL ACTION
Council has previously authorized, by Resolution 42, Series ol 2009, rese"1ng funds for 1he
Colorad o Humane Soc,eiy for the purpose of con11nued housing and care of City impounded
animals. TI1e c11 ies of Englewood and U11le1on have since ·ed Into dlscllsslons with Nick fisher,
CEO of th e Human e Society of South Pia lie Vall ey 10 ass ume animal sheltering services for both
ci ties. Mr. fisher ha, made two presen•at ions to City Council al Study Session, most recen tl y on
Octolier 19, 2009. Al that time, City L, ,,ncil recommended that slaff bnng lorwarri an agreement
related to the proposed animal shel:enr,'. services for their formal cons1dera11on •
RECOMMENDED ACTION
Staff recommend, ,ll)pro,al of thi, Resoluti on apprnvli1g an agr~emenl with 1h r Humane Society of
Soutl1 Plane Valley tor animal shelt ering ,ervlct•>,
BACKGROUND, ANALYSIS ANO ALTERNATIVES IOENTIREO
In December of 2008, the Dimict Court removed the management of the Colorado Humane
Society and placed 1he operations of 1he shl~ler 1ha1 seives the cities of En~lewood a11d 1.Jttleton
under lhe con trol of a custodian. TI1e Court and th e custodian have w01<ed with the tw.:i ci ties to
provide fer continued ope rations of the shelter with the intention of tran5ferrini; operations of th e
shelter 10 perma1wn1 m,in,1gemen1. However, clue 10 financial and legal conw,1 /111s, lhe transfer of
CHS 10 new management h,,s 1101 been accompll,lw<f. Mr , Fisher h,11 c,1,1blislwd a new non-profit
urga111zalion, the I luniane Sociely of P1attP \l,1lley for purposes of 0IJl'tJll11g an anlm,ll shel ler and
related service> for lhe lwneflt of the Ulll'S of [ngll•\\ood ,md linll'IOn ,111d th( ir re!pective
communillei
The proposed tlgr~(lfnenl prm1dt!$ tor scf\•K.t.S th,u ,ue simil,1r m ~ope and cost lo our currl~I
•Rreement with the ( olor,1do Humane Sex 1e:1. In ,,ddilion. this ,,weenwnt addresses the c,uP anti
u~a 1men1 of silk ,incl miured Jnimals, which h,,s hel'll an issue" 1th our curren t ,1greeme11~ In,,
manner !hat 1s , wornlilP to lh e City .
The ront11111ed wrvk rs of the Col, ,r 1do I h1111,11w ~Cit 1ety, 1.nde1 ihe, 11111h1p1x,in tf'd u1s1od1,lll,
~.mnol he ,u~1A1nt:tci AlthnuJt~1 lltt' \ u,1od1lin 1, \ "'"' ,pn\1P1\ t' In tlw l1Pt•d~ of tlu: n11rs nt
[11glpw11od dlld L1 1tlc1on, th e, "s1 od1,111 "utrMlll1 working In wll the r~111,11n111s ,1sse1, 111 CHS ,111d 10 tt:'munat~ dw1r sht"l,~r opc.lrt11ton re,pons.1bH1IH•,. Slaff has esplored altcmall\ cs fo r sheil crlng or a111mals 111cludi11g rclocJl111i our 1111pounci,•d a111111,1ls to other shelters and in-l10use opera1ion of the Coy-owned sht~1er Whn~ we ha, e ide111111ed temp orar)' sheltering options, a penmaneni solu110n has not heretofor be~n a, a1lahle. FIN ANCIAL IMPACT
$50,000/year, with a guaranteed non-escala1ion 1n costs for five years. The cost or this p1ogram 1s
curren rly ava ilable from the Police De1m 1rnen./Code D1v1sion annua l operating budget
UST OF ATTACHMENTS
Resolurion
Animal Shelt ering Ser.1lces Agree ment
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RESOLl ••ION NO. ~~RII S, .. 200'I A RESOLUT ION APPROVING A ''CITY Of E.\IGI.E\\'00D AGREEM1.:s:·1 FOR AXIMAI SHH l ERl)IIG SERV ICES" BET\\'EE..\I 1111: C'ITY OF El'-GI F\\'000 A:-0 THE IIUMANI: SOC'IITY OF SOUTH PLATTE VALLEY \\ 1 IEREAS, 1hc Cuy l>f Engle1Aood has provided arumal sheller. food and vctcnnal) 1rca1mcn1
«~cnnnl 10 lhc hcahh. safely and wdfart oflhe Cil) and lhe Englewood tlULCOS; and
WHEREAS. m 1008 the D,slrict Coun removed !he managemen1 of 1he Colorado llumnne
Soc1e1y and placed 1hc opcnuions of lhe animal sheller lhal serves Englewood and L111lcton under
1he conirol of a cus1odmn. and
WHEREAS. 1hc Coun and 1hc custodian have worked wi 1h Englewood and Li11lc1on 10
rroV1dc for con1inut.-d opcr.uions of 1he animal sheller with the in1en1ion of transferring opcrn1ions
of lhc animal sheller to pcnnanc nl managcmcnl; and
WH EREAS, 1hc passage of 1his Resolu1ion authorizes lhc City of Englewood entering inl o an
agreement wi 1h 1he Humane Society of lhe Soulh Plano Valley, Inc. to provi de servi ces 1ha1 nrc
si milar in scope and cos110 the City 's current agreement with the Co lorado Humane S<,cie1y;
NOW, TII EREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF TH E CITY OP
ENGLEWOOD. COLORADO, THAT:
~-The "Cily of Eni;le1A·ooci Agreemcnl for Animal Shchering Services" bc1wcc11 lhe
Humnnc Sociely and 1hc Sou1h Plane Valley. Inc .• auached hereto as Exh1b11 A. 1s hereby
aeccpled and appm,cJ ,b)• the Englewood City Council.
~-TI1c Mayor and 1hc Ci1y Clerk arc hereby au1bori1.ed 10 s,im and a11es1 Sl01d
Al!J'CClllCIII for and <>n behalf ,iftbe Ci1y of Englewood. Colorado.
AOOl'TED AND APPROVED tlus 2nd day of Novc:rr.ber, 2009.
James K. Woodward, Mayor
Loucn•hinAl·lli•. c,1y Clerk
I, Loucrishio A. l!llis. Ci1y Clerk for 1hc Cny of Eng lewood. Colomdo , hcrchy ccn ,fy 1he
above ,s n INC copy of Rcsolu uon No. __ . Series of 2009 .
Loucnsh ,a A Flhs, l'ny Clerk
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CITY OF ES(; Lf\\ OOD A<;lfff\1F'IT FOR A~1:'>1A l, :,,HELTERl~G ~f:R\'ICEl> THIS PROfF-SSIO Al. SER\'I CES AGR£D1E1'• l"Agreemenf'l "n11md 1010 h) ,nJ ,-., .. c-cn TH£ HUMA:-,£ SOCIET\' OF T H£ SOUTl:l PLATT£ VALL£\'. ~C. "hose rcg1s1en.-d 8"111' • address is 485 Stc,eM Circle. l'lnttc,ille. CO 80651 (th• "Sott<:1\ .. ) and the CIT\' Of F.NGI..EWIOO, CO1..ORA0O 1--C:11) "). • llom< Ruic munic1pa.lil)' of the State of Colorado The Ctl) and the '-<tcly may be colla:tivcl~ referred 10 as the --Parties:·
WII EREA S. the City considers the sheltering of animals 10 be essential 10 the health . ._,r ... an~
welfare of the City and ,ts inhabitant<; and
RECITALS AND REPRESE 'TATIO:-.S
WHEREAS, the City de~ircs for the Society 10 provide animal sheltering SCl\'tces a.~ dcscrib<.'<l•n thil
Agreement: and
WH EREAS, the Society represents that the Society has the skill. ability. ond expertise to perflffll th
services described in this Agreement: and
W1t ERf.AS , the Parties desire 10 enter into this Agreement.
NOW, THEREFORE . in considcrotion of the benefits and obligations of this Agreement, tht Parti~
mutually agree as follows :
1.0 SERV ICES ANU PERFORMANCE
I.I Sheltering Se"1itt!,, T11c Sociel) agrees 10 provide shelter. food , and ,~teriMY
1rca1men1 in accordance with all applicable requirements of the State of Colorado heath
and .inimol lfCatmcnl statutes. and with all applicahlc requirements under the E~lew,td
Municipal Code. The Socict) further agrees tr act us the rcceivinp. •b•ncy l)r
impcundmcnt and ,hcltenng purposes wit rc;pect to all animals brousht to 1hcSocie~•s
facility h) authoriled personnel of the Cit>
I. I 01 The City ond lhe Socic,y agree that services under 1h1s agrtt111cnt shall l<ll
commence until the, Society has procured a physical loeation 11CCtptublc 10Lhc
Cit)' to appropriately hollSC animals and that all the proper licenses for operdlon
of the facility have been obtained.
I " Shellrr facili l)'., The Society sh all maintain its f11eili1y in accor~a,,ce "ith all 1pplic,blc
requirements of the State of ColOl'ado health and pet animal ca·· 1 r:iciliti!S ~•ntM>,
and with all applicable requirements under the municipal code ,ri,dicu"'1 in
which the she lter facility ,s loeoted.
U .0 I I he Society shall visual!)· and physically inspect the facility a, ocginniig ol'
c11ch week to insure that it continues 10 meet the siondnrds es1ohli•11cd by lltC re,
Animnl Care Fncilitics Act ("PACFA") .
~ H I .. I T A
I 1 ~ Jndmonl/Con1a<1 "ilh O" ner. The Soc1cl) agree, 10 h,,ld all impounded an,mnb. and 10 disp<'>< of nnimal,. unk» proper!) reclaimed by n ,crifi,-J 0\\ncr, m compliance \\1th the Engle\\O<ld Municipa l Code. The Sociel) shall mn~c rca,onahlc efTons 10 con1ac11hc owner of uny impounded an imal wh ich is brought 10 11 P) 1hc Ci1y under 1his Agrccmcn1 :ind "hich henri n Ci1y rab ies 1ag. or Munic ipal or County license Ing, or an) other reasonable mean~ of idcn1ifica1ion. Reasonable efTons will consis1 of 011cmp1i ng 10 comae! the owner at the telephone number indicated on 1hc license, cenificale, or 1ag. 1.4 Dea,1 Animal Di •pMal. llle So..1ct) agrees to store and dispose of dead domestic •nd
wild .mimals including dogs, cats, small domestic animals and small wild animals. Ci1y
personnel should con1ac1 the Socieiy prior to the u11nspon of 1111y large dead 1111imal
classified as i.e .. lwcs1ock or I large "ild aounal such as a deer 10 determine if the
Society can accommodate and make arrangements for the stontge ru, I disposal of such
animal.
l.S Rrquired Houn or Operation. Except during any wcel where a legal holiday occurs,
the Society shalt maintain a schedule of at least 40 hours per week whereby animals
impounded under this Agreement may be reclaimed by their owner. In any week in
which a legal holiday occurs, eight hours may be deducted from the required 40 hours for
each such holid ay. In add ition, the Society shal l make it s facility avai lable 10 authorized
personnel of the City for the purpose o f receiving impounded an imals under this
Agreement on D bDsis of 24 hours per day, seven days per week by providing access to
the shelter by authorized City personnel. For Cily personnel, the Societ) will provide
stafT and/or a contracted veterinarian for emergency ,are. if required, to accep1 delivery
of injured animals 10 the Sociel)• under this Agreement 24 hours a day • seven days a
week,
1.6 Sick and lniurNI s u ... y H••llh Cu~. The Society agrees 10 provide all cmcrgcncr and
critical care ser,iccs for animals impounded b) the City. The !):!':icty shall provide such
services at IOCDtions reasonably proximate 10 1he boundaries <1f the CII).
1.6.01 Emergency nnd critical core scrvic~~ sha ll include: e,alua1ion (exc luding
radiographs). stubilization, and pain management . Procedures beyond
eva lunti on, s1ab ili1..n1ion and pain management must b~ prcuuthori1.ed by a
Society manager. The City shall 1101 be responsible for the cost of any medical
procedures for stray animals brough1 in by City personnel, citizens or "Good
Samaritans" without prior authorization by the City.
1.6.02 The Societ y shnll com~ly with all PACFA regula1ions for timely veterinary care.
1.6.0J The So.:icty agrees 10 work in good faith to coming to mutually agreeable
fin1111cial arrangements with owners reclaiming pets thul have incurred Society
nrprovcd medical bills. The Society shall be responsible for collection of any
Society approved medical bills. In the instance or coun ordered ucatmen1 (i.e.
cruelly investigations and/or 01her coun or City ordered treatment), the '.:ily
agrees 10 Jl11Y the veterinarian directly for all evaluation and treatment co•L, and
seek restitution directly from the animal owner.
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1.6.0~ Th e Socie l) shall he 1hc co,11roc1 h Ider fo r any agrceme ms "ith ou1 si dc ve ter ina,;, services and these agreements ma) remain co nlidcmial. 1 he • oc iety shall be re spo nsib le fi r payment to said clin ics . The Soc iety reserve d1 ri ght to approve or decline nn) 1rea tments al the d isc re1ion of 1he Soc ic 1y's veter inaria n on the case and Soc iety's management . The oc ie ty reserves the rig h: 10 peacefully and humanel y euthanize any animal th at canno t be humanel y he ld for five (5) days .
1.6.05 The ocie ty will not be responsible for the cos ts associa ted with 1rea11n g an imal s
pre sented to veterinarians con tracted by th e Society by Good Samaritans.
1.6.06 The City sha ll be responsible for paying all cos ts associated with reque sts to
ve terinarian s con tra cted by the Society for inves tiga ti ve proced ures related to the
criminal prosecution of animal cruel ty or any other animal related offense , i.e .
cruelty examina tion s, necrops ie s, etc.
Reclaim Right! and Obligatio M. Each animal impounded by the City and placed within
the Society pursuant to thi s Agreement may be rechimed by the owner during the
impound (s tra y-hol d) peri od upon verification of ownership . In th e case of dogs, the
owner must first show proof of current, valid rabies vaccination as required under
appl icable municipal ordinance s or statu tes of the State of Colorado, or in the alternative ,
must consent to having the dog inoculated for rabie s prior to its release in accordance
with th e requirements of the City and the Tri-County Health Department.
1.7 .0 I The Society ma y charge any owne r who reclaims an anima l al l costs and fees
incurred by the Society in the imp oundment, sh eltering and tre atment o f 1hnt
animal.
I. 7 .02 The fees 10 be cha rged for services pro vided to the publi c shall be establi shed by
the Soc iety and shall be ui1 :iorm and reasonab le. The Society may se t and co llect
suc h impound , boa rd. a11d ve terin ary ca re fees for impounrled ani mals as it deems
app ropriate and may refu se to return th e animal to its owner if such payme nt is
nOI made . This fee may be retained by the Socie1y. The Society sha ll not bill its
own costs , fces or the associated charges se t forth in this Sec tion to the Ci ty . The
ocicty agrees to notify the Ci ty pri or to increasing fee s for services so that the
City can provide feedback regardi ng any fee increases.
1.7.03 The City agree s that within a reasonable period not to exceed three business days
after it brings a dangerous dog to the Socie ty pursua nt to C.R.S. § 18-9-204 .5, the
ity.slrn ll provide the ociety with the following informAli on, in writin g: (i) th e
name and address of th e dog 's ow ner , (ii) the date tha t the owner was charged
with a violation of C.R .S. § 18-9 -204 .5 or equ ivalent muni ci pal ordinan ce; and
(iii) a copy of the Arrest Report or ummons and Citat ion. subject to applicable
records release guidel ines as establi shed by 1h e Sto•~ of Colorado and th e C i1 y of
Engle wood . The City also agrees to provide th e Society with any avail able
infonnati on as to the sta tu s of the pending crim in al prosec uti on again st the
defend ant dog owner (inc luding any request or application fo r bail ) up on request
by the Society. The City will cooperate with the oc iety in its efforts lo see k
compensa ti on or re stit uti on from the defendant dog owner , th e Arapahoe Cou nty
Vi c1im Co mpensation Board, or any oth er socrce. for cha rges th at are incurred as
H ~.,;rv ,C ltY £ng 1P,. ood ShPltPrwlg Se rvk:e Agr FVl,1l rloOt
o rc,uh ,,( rece1\'i ng. ~c cponp nr d"pnsang nl a dng p11r,11nn1 10 L.R S. ~ 18-9-~04 .5 1.7.0-I The C II} agrees 1h01 animals impounded under a police or coun hold for criminal prose<:u1ion for muni cipal code violn1ions or any viola1ion; of C.R,S. pcnain,ng 10 animals. 1ha1 are •"•ning dispos111on b) the coo n~ will be held for up 10 IS days by the Society wi1hou1 additional charge. After 15 dn)S. hoard fee s "ill be charged 10 the Cil) al the nite of SI O per day for the u, •I 1m)'(l<J nded animals n11niting cou n disposition . The City agrees 10 seek compensation or rcs111u1 ion from the defendant animal owner a~ descnbed above in Section I 6 03 for board
fees c harged 10 the Ci1y.
1.7.05 The Ci1y agrees 10 notify the Society, as soon ns rcnsonnbly possible, of
situations in which lhe Cil) plans to impound more lhan JO animals that ha,c
been removed from a single location or as the result ofa single incident.
1.8 Exceptions to the Society'• O~llgation to Provide Services. The Society is not
obliga~ 10 a ;cpt animals other than dogs. cats or other small domestic animals unlC$S
authorized by the Chief EKccutive Officer of the Society or 01her authorized
rcprescntntive.
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1.8.01 Seriously sick or seriously injured animals brought 10 the facility may be treated
or humanely euthanized al the sole option of the Society, following efTons 10
contact the owner.
1.8.01.1 h the event disposal o f an animal is l'U)Uircd due 10 serious illness (lr
injury. the Society shall make all reasonable cfTons 10 iden11fy and
nolif) the o,-ner of the animal's loc.,tion and condi tion before
humnncly eu 1h nn izing it, by resenrching all Josi animal repons
available 10 lhc Society; ho"'cver. the Society shall not undcnnl.e
idcntilica11on cfTons whi ·h, 111 its opini on. would unduly prolong
s ufTcring of the •nunal m quc,1ion.
1.8.02 All animals impounded by the City shall be th, responsibility of the City until
occcp1cd nt the facility or emcrgcnc) veterinan.11 ,cation ns designat,-d by the
Socitt). Tilercaftor, all animals shall be the n!SJ J nsibility of the Socicly under
the terms of this Agreement.
Report• Renuirw. The Society will maintain complete and occunlle records or
;mpounded animals. TI1<:sc records shall specify the dair of impoundment, 1he reason for
i111poundmen1 if provided by the City, the gcneml cond,11<>n of the animal upon nrri,111 or
firs! contact "ith the So.iety·~ employees, efTorts • identi(~ and give notice 10 1hc
owner, the lcn.,~h of animal stoy 01 she lter, tn:a1men1 an,l'.ir dispos ition of the onimal, all
associated COStS and foes. identity of the n:cloiminf , wncr. umoun1 ~ hilled 10 and
co llected frnm the rcclniming owner, and nil other b1!111,, and collection infi•rmation
rcqu11 cd under !his Agrttmcnt.
1.9.01 Inc Society shall mnk.e its impound records and facilities nvuilublc for inspection
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by nny authorized rcprcsenta11sc (lf 1hc Ci 1y upon written request submincd 10 the •
Chief Executive Office, of the Society or the Chief Execu1ivc Offic<:r's
,1111hur11.ed rcprcscnia1ivc nt lcnsl 14 hours ,n nd,uncc ,,f1hc requcs1cd m,pe,:tu•n
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I '1 o: I he SU\,.:ICI~ ,h,tll r('1...~1rJ ,11,J nu:unrnm ,.:n ,~c lh:ll!t • .mJ c~pcnliie J,11., h1r each funded pro~r:un l'r pri ,t,:rnm cL"'lmpo:1cn. rcq111reJ Ulldt.:r thi) A1.trc.:crncnt and !iUbmit quan~rl~ report"I u, o fnnn mut11•1\I} ag.rec:d upc·111 h) the S!.lCU.!I) and the Cit) 1.10 C h•ngr, tn Se n ·ites. lhe Ci t) moy request a chdnge ,,r chnniics in the >er\iccs. An) chongcs thai ore mutuo ll y agreed u11on hct1,ccn the Cit) and the Soc iety sho ll he made in 1<riting and upon c~ccution by both Panic, si.~11 hecome an amendment to the ~"•ices
described 111 thi, Agrcemem
I.I I l ndc11r ndeot Contrartor. TI,e Society sholl J>Crfom1 the services as an independent
contractor and shall not he deemed by vinue ol' this Agreement 10 have entered into any
por111ership, joint venture. emplo\er1employcc or other relat ionship with the City other
than as a contracting part) and independent contractor. The City shall n01 be oblig;11cd to
secure. •nd shall not provide. any insurance coverag• or employment benefits of any kind
or type to or for the Society or thr ~ociety's employees. sub-consultants, contractors,
agents, or rcprescntotivcs, including ~qvc,age or hcnefits related but not limited to: local,
state, or federal income or other ta, J nuibu1ions; insuranc, contributions (e.g .. FICA):
workers' compcnsalion: disability, mjury, or health; professional liab11i1y insuronce,
er.on; nnd omissions insurance; or rctiremenl acoount contributions.
1.12 S11nd1rd or Performon re. In perfonning the services. the Society shall use thot degree
of care, sl.ill. and professionalism ordinarily exercised und~r similnr circumstances by
members of the .!Ml' profession practicing in the Sme of Color Jo. The Society
represents to the City thnt the Societ) is. and its emplo)·ees performing such services arc,
properly licensed ondlor registered within 1hc Stnte of Colomdo for the perfonnanee of
the scr\·ices (if liccnsurc andlor rcgistmtion is required by applicable law) and that the
Socit~ and empkl)cts rossess the sl.ills, l.nowl<dgc, and abilities to compc1enlly.
timel). nnd prnfessionoll) pcrfonn the scr.1ces in nccordancc "ilh 1his Agreement .
I 12.0i J'he ~o.:iety shall promptly infom1 the City concerning muhiguities and
uncenninues related to the Societ) 's pcrfonnance that ore not nddrc'!:sed hy
the/\pment
1.12.0? The Socict) shall prov:dc all of the services required in the Agrce111en1 in o
timely and professional manner.
I 120.1 The Soc1CI) sholl promptly comp!)· "ith an) \\Tlllen City request for the City
or nny of its duly nuthoritl'<l . ,ircse11t:11h·es to reasonably acccs, und review
ony books. documents, papers, and records of the ~ocicty hat arc pertinent to
the Society's pcrfonnnncc under this l\grecmcnl for the purpo "' nf the C'ity
performing an) revic" of the ser\ ice<
I 12.().l J'hc Society shall compl; \\ilh nil applicable fedcrnl, stole nnd local lo"s.
ordinr,ncc,. regulntiow nnd rcsnlutions.
I 12.0S Tiie 'iN:iel) shall be rc<poosiblc al the Socict) · < c,pcnse for o!iloi ning. and
maintninm,: m a valid and effective stntu;, all licenses and pennits tli.'Cl'osa')
to pcrfonn t he servircs unless spec,ficnll) srnteo ot herwise in this Ag·ccmem,
'' llumn nt• "rnir1.•,, I lh: '-.41\.11.'I\ .. trnll pn-" 1dr hunuwc And q11nl11~ ~Mc lo all ;11\1111td, • 11mh:r !h e h.'rtlh ol 1111 , ,i\)!l'i.'Cllll..'lll : I 1'11mu1•11,wtln11 for S1•n kt•<, Following e,ecution m this Agreement b) the C'ity, the Cil) ,hnll cnmpcn,otr the ~ocict) t he annua l sum of fifty thousand doll ars ($50,000) for the "'" 1<e, tlescrihcd ,n Section 1.0, above. The City shall pay this ,um in t\\ 1 twcnt) lhc 111<,11'111111 Jo lla, (SZ~.000) installments. The firs, installment shall be due upon the
c,ce111111u ,,t lhl\ agree ment TI,c ~ond oayment shall be due on the later of either
Janunl) I. 21110, or the orc111 ng for opcmt1ons of the faci lity.
Z 2 Nnn-rtlnJ l111rn1hl, ('0,1 , Cha;:gu, f tts, or Other Expenses. Any fee, cos~ charge. or
e,pcnsc m~ ,uce,foe<l 1n th,s •~mcnt that is incurred by the Society shall be deemed a
non-rci111hur:,.1hlc c,l<t nnd <hall be t-omc by the Society and shall not be billed or
inl'oiccd 10 the ('i1~• nnd shnll not be paid by the City,
2.l tor~••" In Cnmp,n .. iton. Any in~reases or modification of compensation slull be
subject to the appro,·al nfthe l it) and shall be made only by a "Tinen amendment of the
Agreemen t e,ecutcd h) b(,th Panics ,
J .O TERM ANO TERMI NATION
3.1
32
3.3
!£!m. rt11s Agreement <hall be e1Tecti,c a< outlined in section I. 1.0 I, at 12:00 a.m .. (the
"E1Tecti>e Date") nnd ,lutll tenuinute 111 11 :59 p.111. on December 31, 2010. or on n prior
dote oftc n11 inutlon n, pcrmined by th is Agreement .
3.1.2 &_n~ Apprn\ln1ntel) 'IO J,1~, prior to expiration. the Panic< will determine
11 hcthcr the) intend to renew thi, Agreement . Following expiration of the term
e ndin g D,·cc,nhcr •I. 20 10. the Pnn ies may ren ew th is Agreement for an
uddi1ional four (4) year tem1 (the "Renc 11 ul ·1em 1"). Both l'anies must agrre to
lhe R,·nc" al I enn , 10 n ""11"" nmrndmcnt to this Agn:emcnt.
llnilatrr•I T.rminatl1111 , 1111, Agreement m11y be tcm1i11ntcd by either Puny for nny or
no reason 111xm wrinen notice delivered to the other 111 lcnsl ninety (90) duys prior to
lcm1innti on In the C\'Cnt of the <·xcn:i,c of the right of unilntcrol tcnninotion ns provided
by this paragmph:
A. The Society ,l11111 continue to 11mvidc the services under this Agreemcnl umil the
nine ty (90) dny not ice period hn, pa.sscd. un lc,s nthcrwi~e provided i n nny notice
of tcnninati on dcli\<red by th< t'1I)', 1111,1
B. All fini shed or unlini,hcd dnt:umcnt>, dnto , ,tudies and reports prepared by tlic
Soi;ic ty pu rsuunt 10 th is Agree ment ,hull he delivered by the Society to the City
und s holl beco me the prupen) of'the ('11y .
Ttnninatlon fo r Nnn-l'trfnrmanct. \l~iulJ a l'•n> to thi; Agreement fail to materially
perfomt in accordance "1th the tern,, and cnnd111<l11< of thb Agreement, this Agreeme nt
may be terminated by the pcrfon11111 g Puny if the performing Pon )' first prol'1dcs wr itten
notice to the non-pcrfomung Pnn)' 11 hkh notice ,hull ,pecif)' the non-perfomtnoce,
pro\"idc lx~h a demand tt• cur< 1hr 111111-pcrl1>11iu111,c ntKI n.-a sonahk tmtc 10 cure the non-
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perfonn:tll\.C. aoJ ,1,ilt" a 1-l.,11: \l(•on \\l11d11ln: \~(\.'\.'.IIU:nl -J1Jll lx-11:n11mJh.·J 11 there,.,, n failure 10 111nCI) \:Ure 1he non rcrt, •m1:•1h. ~ I ,,r rurp.l'4." 111 11!1, \Hh-.ci;.lt\lfl. --rca~mnhlc time .. shall he tk'I le,, 1hj111 lh c i I hu,mc"'' 1IJ\, l110\ ulcll th,11 1h•Ou· ,1f nnn-perfonnnncc is pr1l\1Jcd m au,,r,l111h.C u1th 1h1, \uhi.c"11i 111, th llh1n~ m 1h1 , \uh,ccli<ln shall pre, ent. J)rl~ludc. or hm11 11n~ \..1111111 ,,r :11,.111111 1111 dl•lm1h ,11 h1cru.:h ,,1 con trnct resulting. from n,,n-pcrfonn:uh .. c h~ u 1111ft) Mutu•I Tcrrnin11tlon . Ilic t'll} 1111<1 the ~,11.1et) 11U1\ 11~rrc 111 ,1r11111~ 11, 111u111u ll) tel"ninate this A~recmcnt
Delivery orNotlrt ofTrrmlnatlo n. All) IIUll<C o11crn1111othlll rcnnined hy '"" Sc~t ,on
shall be addressed to the llt'Nlll ,ign11111 th" ,•~r:e111c111 011 hc,hnlf of the Soc,ct) ,>r to the
City Manager al the addrtss shown helO\• tY ,u.:h other oJdrc" a, either l'any moy
notify the other or and shall be deemed g1w:n upon dch,el) ,f p,,1'!<~1111) deli, creel, or
fony~i@ht (48) hours after dcposi1ed in the United States moil. postage pn:paid.
registered or cenificd mail. rttum receipt n,qucstcd.
Reimbursement for Non-Performanet. Should this agreement be lenninoted by the
City for non-pcrfonnance of services and pcrfonnoncc as provided in Section 1.0, and
after exhausting nil elTorts to cure the non perfonnance nccording 10 L~e provisions in
Section 3.3, the City shall be reimbursed any pre-paid compensotion, except for any
actual expenditures incurred and documented by the Society for lhc care of an imals
impounded by the City through the date of notic~ of non-pcrfominnce. under Section 2.0
of this agreement.
4.0 I NSU RANCE
4.1 lnsuranet Gtntrallv. The Society shall obtain and shall continuous)) maintain during
the term or this Agreement insurance of the idnd one! in the minimum nn1oun1s spccified
( .. Required Insurance"):
A. Workers Compensation Insurance in the m11umu111 11moun1 ri.'(Juired by
applicable law for all employees and otlicr persons 11~ may he required by law.
Suc h policy of iniul'll ncc sha ll be endorsed 10 incl ud e the City os a Ccn ifica te
Holder.
ll. Comprehensive General Liability insu rance with minimum combined single limit
for each occurrence or O,~e Million Dollars (Sl.000,000.00) and of One Million
Dollars ($1,000.000.00) aggregate. The policy shall be applicable to all premises
and all operalions of the Society. The policy shull include coverage for bodily
injury. broad fonn properly damage (including completed operations), personal
injury (including coverage for conlJ'IICtual and cmrloyce acts), blanket
contractual up 10 the underlying limits. independent contractors, products, and
completed operations. The policy shall contain a sevcrability of interests
provision. ('overage shall be provided on nn "occurrence" bnsis as opposed 10 n
"claims made" basis. s .. ch insurance shall name lite City, its elected officials.
officers, employees nnd ascn1s ns additional insured J)l•rties .
C Pr'-,k·\,1\l1\BI Lioh1h1, (cmm. :m(j om11i:S1on,) ln,uru.n;,;,: "11h a mmnnum hmu of c,nernge of One ~ii Ilion lx•llurs ($1.000.000 UOt JlCr du1m Jnd I "'1 \ltlh"n D<>llars ($2.000.0<HI) nggrcgate ~uch rohc) of ""um11,;c shall t,., ohmml'tl und mainrnincd for one ( I) ) car foll°'' mg eomplc11on of oll SCr\ ices under thi, Agreement. Such policy of insurance shall be endorsed H• include the City u, a Cert ificntc lloldcr. The Required lnsurn ncc sha ll be procured and nrnintnin,·d l\ith insurers "ith an A· or better roting as detennincd by Dest· s Key Rnting Guide A II Required Insurance shall be continuously maintaiocd to cover nll liability. clainls.
demands. ond other obligations assumed b) the Society
4.2 Addi1ional RtguircmcntJ for ln~urancc. In additton to specific requiremen1s imposed
on insurance by lhis Section and its subsections. insurance shall conform 10 all of 1he
following:
A. All policies of insurance shall be primary insurance, and any insurance carried by
1he City, its officers, or its employees shall be excess and 001 contributory
insurnnce to 1h01 provided by the Society; provided, however, thot the City shall
not be obligated to obtain or mointoin any insurance whatsoever for ony claim,
damage. or purpose nrising from or related 10 this Agreement ond the services
provided by the Soeicry. The Socie1y shall not be an insured pnny for ony City•
ob1ained insurance policy or coverage.
B.
C.
The Socicl) shall be solel y responsible for ony deduc1ible losses.
E\CI') polit)' of m~urance shall provide Iha! the City will receive nocicc no less
1han 1hiny (30) dars prior 10 nny cancella1ion. 1crmina1ion, or a mo1erial chnnge
in SIICh poliC).
4.3 failun, to Ob tgin or Malnlnin ln,urance. The Socicl)''s foilurc to obtain and
con1inuously maintoin policies of insuronec in accordance with this SL-c1ion and its
subsec1ions shall not limit. prevent. preclude, excuse, or modify any liability, claims.
demands. or other obligations of the Socie1y nrising from pcrformnnce or non-
performance of this Agreement. Fuilure on lhe pan of 1hu Society 10 ob1ain and 10
conlinuous ly molntain pol icies providing the required coverage, conditions. rcs1ric1ions.
notices, and minimum limits shall constitu1e a material breach of thi s Agrccmen1 upon
which the City may immediately 1em1ina1e this Agreement. or. at i1s discretion. the City
may procure or renew nny such policy or any ex1endcd reponing period thereto and may
pay any and all premiums in connection lherewilh , and all monies so paid by 1he Ci1y
shall be repaid by lhc Socie1y 10 the Ci1y immediately upon demand by the City. or at 1he
City's sole discretion, the Ci1y may offset lhe COS1 of lhc premiums agains1 any monies
due 10 lhe Society from 1he City pursuon110 lhis Agreement.
4.4 l n,urancc Certific11~. Prior 10 commencement of any services under this Agreement.
the Society shall submit to the Ci1y certificotes of insurance for nll Rcquirc-d Insurance.
Insurance limits, 1crm of insurance. msurcd ponies, and oth.:r infonnntion suffidcnt to
demonstrate conformance with 1his Section and its subsections shnll be indicated on ench
ccrt ifica1e of insurnncc . 111c City mny request and the Society shnll provide within three
(3) business days of such rcqucs1 n current certified copy of nny policy of Required
Insurance and any endorsement of such policy. The City may, nt it s election, withhold
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pa _, 111cn1 fi1r \en il'.~S until the..• rt•4ut..'Sled ,11~1 ,ranct: 11,,lic ic!!i arc rccr i\ed a11 d flHt 11d to~ in t1cconfa,111,:c \\ ilh IIH: Agreeme nt ~-ll O\Vl'iEIISHIP 01' no MENT Any 11 ork product. material s. and doc ument s produced by lh c Soc iet y pu rs uam 10 this /\grccmcn 1 sh al l hcco m,· propcn y of lhc Cit y upon delivery nnd shall nol be made subject 10 an y copyrig ht unless "ulh nr i,cd by lh e Ci1;. !her materia ls, mc1hod ology and prop ri etary wor k use d or provide d by the
Sm:i e1i 10 th e Ci ty 1101 spec ifica ll y crcaled and delivered pursuanl to the serv ice s outlin ed in th is
/\grccmc nl ma y be pro1 cc 1ed by • co pyright he ld by 1he Socie ty and the Society reserves all rig ht s grame d
10 i1 by nny co pyrig ht . The Ci ty shall nol reproduc e. se ll , or otherw ise make copie s of any copyrig hted
mntcr in l. suhjec1 to th e fo ll owi ng cxceplions : ( I) for exclu siv e use inlc mally by Ci ty slaff and /o r
empl oye es : or (2) pursuan t 10 a request under 1hc Co lora do Open Rec ord s Ac t,§ 24-72-2 03 . C.R.S., 10 lh c
cx 1cn11ha1 such s1a1u1c appl ies: or (3) pursuant 10 law . regulati on, or cou n order . The Socie1y waives an y
righl IO prcve111 i1 s name from being used in conneel ion with the serv ices,
6.0 RF.MED IES
In addi1io n 10 Rny othe r remedies provided for in !hi s Agreement , an d without lim iting its remedies
available al law, the Cit y may exercise the follo wing remedial actions if the ociely substantially foils to
pcrfom1 the dutic and obligat ions of thi s Agrcemcnl. Subs tant ia l failure 10 perfom t the dulies and
ob ligatio ns of thi s Agreemen t shall mean a sign ificant , insufficient , in co rrect. or improper perfonnance,
ac1i1•i1ie s or inac tions by lhc Society. ll1e remedial Ac tions include :
A. Wi1hhold paymen t to th e Sociely unlil the ne cessary se rvices or correct ions in
pcr fo mrnn cc Rrc sa1 isfoc1ori ly compleled : and/or
II De ny pR ymc lll for th os e se rv ic es whic h have 11 01 been salisfoc1or il y performed . ,111 d
which . due 10 c ircum slnn ces ca used hy the oc icty. cnn 11 01 be pe rformed . or ifpcrfo nn ed
would I,., of no va lue 10 the Cit y: and/or
rc·n ni11 a1c this Agrccmcnl.
·111e foregoing rcm c<lic s arc c11mula1 ivc and th e ily, ii its so le di scre ti on. may exerci se uny or ull o f1he
remed ie s i11di,·icl11 11 ll y or si mulla neous ly,
7.0 MISCELLA F.OI JS PROVISIO S
7.1 Nu W11lvcr uf Rights . A waiver by ,my Pony lo I hi s Agreement o f 1hc bre ach of any
1cr111 or prnvi sion of I his Agreement sha ll nol opcmlc or be co nstru ed as a waiver of any
subscc1uc11 1 breach hy either Pan y. The Ci ty 's approva l or acccp1a11ce of, or payment for ,
serv ic es shall 1101 be cons tru ed lo opcralc ns a waiver of any righ ts or ben cfils lo be
provided un der 1h is Agreement. No covc nRnl or lcnn of thi s Agre ement sha ll be dee med
lo be wai ved b; lhe "i1y cxccpl in writing si gned by lhe Cit y Co uncil or by a perso n
exp ressly nu1h or i1.cd lo sign such waiver by rc sol uli on of the Ci ty Co un cil. and an y
wrillen waiver of a right shnll 1101 be co 11 s1med 10 be a waiver of any olher ri ghl or lo be a
con tinui ng wn iv cr un less sr>,:cilica ll y s1mcd .
7.2 No \\'nil't"r of Governrneutal lmmunirv. No1hing in 1hi ~ A1:1rccmcn1 shall be co ns1nied lo waive. lim it, or otherwise modify any governmen tal immunll} that may be availab le by law to the Ci ty . it s officia ls. emp loyees. contractors. or agent s, or an y other perso n ac ting (lll behalf of lhe Ci ty and. in particular, go1•emmc ntal immunit y a fforded or availabl e pursuant to th e olorado Governmental Immu ni ty Act. Ti tle 24. Art ic le 10, Part I of the Colorado Revi sed Statu tes . 7.3 Equal Emplo,•meot Opportunitv. The Soc iety will 1101 di scr iminate against any employee or applicant fo r employment because of race, color, reli gio n, se x or nationa l
origi n. The Society will en ure app lic.an ts are employed, and employees are treated
during em pl oyment with out regard to their race, co lor, re li gion, sex or nat ional origin .
Such actio n shall include , but not be limited to the following: emp loyment, upgrading,
demotion or tran sfer; recruitment or recrui tm ent advertising : layoff or tem1inat ion; rates
of pay or other fonns of compensat ion; and selection fo r trai nin g, in clu din g
ap prenticeship .
7.4 Binding Effect. The Parties agree th at this Agreement, by its tenns. shall be binding
upon th e successo rs, heirs, lega l representatives , and assigns; prov ided that this Sect ion
shall not authorize assignment.
7.5
7.6
7.7
No Third Party Beneficiaries. Nothing contained in thi s Agreemen t is in tende d to or
shall crea te a contrac tu al relationship with, cause of action in favor of, or cla im for relief
fo r, any th ird party, including any agent. sub-co nsultan t or sub-con tracto r of th e Society ,
Absolu tely no th ird party beneficiaries are in tended by thi s Agreement. Any third-p arty
receiving a benefit from this Agreemen t is an incidental and unintend ed beneficiary only.
Article X, Section 20/f ABOR . The Parties understand and acknowledge th at the City is
subject to Article X, § 20 of the Colorado Constitu tion (''TABOR"). TI•e Parties do not
inte nd to vio late the tcnns an d requirement s of TABOR by the execu ti on of this
Agreeme nt . It is understood and agreed that thi s Agreement does not crea te a mu Iii-fiscal
year direct or indi rect debt or ob li ga tion within the meaning of TABOR and. tl1erefore,
notwithstanding anything in this Agreement to the contrary , all payment obligatio ns of
the City are express ly dependent and co nditio ned upon the con tinuing availahi li ty of
funds beyond the tenn of the City's current fiscal period end in g upon the next succeeding
December JI . Fina ncia l obliga tions of the City payable after th e curren t fiscal year are
con tin gen t upon fund s for that purpose being appropria ted, budgeted , and otherwise made
available in accordance with the ru les, regu lations, and resolutions of the City, and othe r
applicable law. Upon the failure to appropriate such funds , th is Agree ment shall be
termina ted.
Article XXVIII. If and only 10 the extent this Agreement constitutes n "sole source
government contract" within the meaning of Article XXVIII of the Colorado Cons titutio n
("Arti cle XXYI II "), then the provis ions of Sections 15 through 17 of to.rt icle XXVILI
("Amendment 54 ") are hereby incorporated into thi Agreement and the l'Mies sha ll
comply with th e provi sions of Amendment 54. In such u c.ase, fo r purposes of this
Agreement, th e Socie ty shall constit ut e a "contract holder" for purposes of Amendment
54, as sha ll any additio na l persons, officers , directors or trustees re lated to the Society
who qua li fy as "contract holders" pursuant to the definitio n set forth in Article XXV III.
In addition. if and on ly to the ex tent th is Agreement cons titutes a "sole source
govemmcnl contract." 1he Soc iety hcrchy cet1ifies that it is not inel igible to hold any
10
ll f.SPV<'ll¥ Englfow ood Shellennp ~rvice AtJl F'a1nltlo o:
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7.8
7.9
--sole mt1rc-e g\n cmmcnt cnntr.Kl.. purmanl 10 \mcndnwnt ~~ l'•r an~ contra-.'1 1hereunJcr. and th< Soc,et) hcrcb) agrees 10 noti~ the Cit) mm1eJ1n1cl~ ,f. at Ull) fl''lnt during the Lenn o f thi, <\greement, the Socieiy becomes mcli giblc 10 hc>ld ru,y .. sole source government contrnct" pursunn1 to Amendment 54 or nny con1rnc1 thereunder. If any provision or provisions o f Amendment 54 are held 10 be 11ncons111u1ional or otherwise invalid hy a court of competent jurisdiction in B non-nppcnlnblc ac tion, hnve beeu repcnk-d rctronct ive ly or otherwise do not app ly 10 this Agreement, such provision or provisions <hall no longe r be incorporated into tl1is Agreement and the Pan ics shall have no obligations under such provision or provisions.
Governi ng Law. Vtnuc ... d Enforcem ent. This Agreement shall be governed by and
interpreted according 10 the law of the Slllte of Colorado. Venue for any action arising
under this Agreement shall be in the appropriate coun for Anipahoe County, Colorado.
To reduce the cost of dispute resolution and to expedite the resoiutton of disputes under
this Agreement, the Panics hereby waive any and all right either 'IIY have 10 request a
jury trial in ru,y civil oction relating primorily to the enforcement of ~is Ag,eemenL The
Panics •b'l'ee that the rule that ambigui1ies in a contract an to be Cl ns1rued against the
drafting party shall no1 apply 10 the inlerprctation of this Agreement.
Survival of Term• and Co nd ltloM. The Parties undersland nnd agree th al a.II tenn s and
condilions of the Agreeme nt thol require con1inued perfonnancc, compliance, or effect
beyond th e lennination date of the Agreement shall survi ve such tcnnination date and
shall be enforceable in the event of a failure 10 perfonn or co111ply.
7.10 Assign ment and Releut. All or pan of the rights, duties, obligations. responsibilities,
or benefits set forth in this Agreement shall not be assigned by the Society without the
express written consent of the City Council for the City. Any "rinen assignment shall
expressly refer 10 this Agrecment, specify the panicular rights, duties. obligations.
responsibilities. or benefits so assigned, and shall not be effective unless approved by
resolution or motion of the City Council for the City. No assignment shall release the
Society from perfonnance of any duty, obligation, or responsibility unless such release is
clearly exprcss<-d in such wrillcn document of assignmenL
7.11 Heading•. The cnp tions in this Agreement are for the conven ience and reference of Lhc
Parties and nre nol intend ed in any way to define, limit or describe the scope or intent of
th is Agreement.
7.12 In teg ration and Amendm ent. This Agreement represents lhc entire and integrated
agreement between the City and the Society and supersedes all prior negotiations.
reprcsenta•ions, or agreemcnLS, either written or orol. Any omendmenLS to this
Agrecment must be in writing ,nd be signed by both the City and the Socie1y.
7 .13 Sevcra bil ity. Invalidation of any of the provisions of this Agreement or any pa1•graph.
sentence, clause, phrase. or word herein or the application thereof on ""Y given
circumstance shall not affect the validity of any other provision of this Agrccmen,.
7.1 4 Employ ntenl of or ContracL, wi th Illega l Aliens. The Society shall no t knowingly
employ or contract with an illegal al ien to perfonn work under this Agree ment The
Society shn ll not cont mc1 wit h o subcon1rac1or that fa ils 10 certify thnt the subcontmctor
docs not knowingly employ or contrnct wi lh any illegnl nlicns . IJy entering inlo this
Agreement, the Society certifies ns of the dote of lhis Agreement 1ha1 ii docs not
II
•nowingly cmplo) or con1rac 1 wi1h an illega l alien who wi ll pcrfonn wor• under th i, Agrce111cn1 and lha t lh c . ocic l) "ill partic ipme in 1hc c-verify program or dcpart111en1 program in or der 10 co nfinn 1hc empl oymen t eligibility of al l empl oyees who are newly hired for employment to perfonn work un der this Agreement. The Socie1y is prohibited fr om using ei1 he r the e-vcrif: prog ram "' the department program procedures 10 und ertnke pre-employmen t sc reening of joh applicants wh ile thi s Agreement is bein g pcrfom1ed . If the Soc ie1y obtains acmol knowledge thal a subc omrac1or pcrfonning wo rk under this Agreement kn owingly employs or comrac 1s with an illegal alien, the Socieiy shall be required 10 noti fy the subcontractor and the Ci ty wi1hin three (3 ) da ys 1hat the Society hns nc1ual kn ow ledge th9t a subcontrac1or is employing or co nt racting with an
illegal alien . The Society shall termina te the subcontract if the subcontractor does not
stop emp loyi ng or contrac tin g with the illegal alien within three (J) days of receiving the
notice rega rdin g the Society's actual knowledge . The Society shall not lerminate the
subcon tract if, during such three days, the subco ntract or provides infonnati on to establish
that the subcontractor ha s not knowingly employed or contracted with an illegal alien .
The Society is requ ired 10 comply with any reasonable request made by th e Department
of Labor and Employment in the course of an investigati on undertaken to determine
compliance with this provision and applicable state law . If the Society vio lales th is
provisi on, tlte City may terminate lhis Agreement, and the Society may be liable for
actual damages incurred by the City, notwith stand ing any limitation on suc h damages
provided by such Agreement
7.15 Right lo Contract. The Society sha ll have the right to provide animal she ltering and
other serv ic es to other governmenta l entities as long as such activilies do not interfer e
wilh the Sociery's ob ligations in this Agreement.
7.16 Notices. Any no1ice requi red or permitted by thi s Agreerr 11 shall be in wr itin g and shall
be deemed to have been sufficie ntl y given for all pur; ,ses if sent by certified mail or
regi s1ered mail . postage and fees prepa id, addres ed 10 th e Party 10 whom su ch notice is
to be given at the ad dre ss set forth below or at such othe r address as has been previously
furnished in writing, to the other Party , Such notice shall be deemed to have been given
· when depos it ed in the Uni ted Siates Mail properly addressed to the intended re cipi ent.
If to tbe City : Ii to th e Society:
City Manager Chief Executive Officer
City of Englewood Humane Society of the South Pia Ile
Englewood Civic Cen ter Valley
I 000 Engl ewood Parkway P.O. Box 1433
Engl ewood , Colorado 80110 Englewood, Co lorado 80150
With Copy to:
City Attorney
City of Englewood
nglewood Civ ic Genier
l000 Englewood Parkway
Englewood. Colorado 80110
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II SS P'I/-C icy F.:ng&•ood Sh ~lrnl'Tlg Servh lifll Fil1al d oac
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R.O ALITIIOIU T\' The ind" ,duals executing this Agreement represent that thC) are expressly authonzcd to enter into this Agreement on behalf of Cil) nod the Society and bind their respecth e entities. THIS AGREEMENT is executed and made effective ft! provided above,
AlTEST:
By. __ .,...,...-=,---,=:---=-,--
Loucrishia A. Ellis, City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE
)
)ss.
)
My commission expires: 11 / 1 3) I 0
CITY OF ENGLEWOOD:
By:--;--;-;--;:-;----;--:-..,..,..--
Jamcs K. Woodward, Mayor
HUMANE SOCIETY OF THE
SOlTTH Pl.A TIE VALLEY
r-~~~~ )'.I t of the Humane Society
J , l -Awn Cti.u~&Jho.w--
Notary Public
I)
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COUNCIL COMMUN ICATI O ' Dal e: Agend a 11cm: Suh jcc1 : Novcnibcr 1. 1009 11 c II R~solullon approving ,m agr~Pnwnt with th~ H11 rt1dne Society of So uth Platw V.11i ey 10 provide Capllal Contribution funding for a new animal she lter which will serve the City of [nglewood ,ind the western Arapahoe County com munity.
lnilialed By: I Staff So urce:
City Manager's Office Michael Flaherty, Deputy City Manager
COUNCIL GOAL AND PREVIO US CO UNCIL ACTIO/\
Colincil has previously authorized, by Resolution 42, Series of 2009, reserving funds for t',e
Colorado Humane Society for the pu rpose of co ntinued housing and care of City lmpoun:fed
an imals. Th e ci ties of Englewood and Ll llieton have since e nt ered into di scuss ions with Nick ~ishtr,
CEO of lhe Humane Society of Sou th Plane Valley to assume a nimal sheheri ng services for bot(,
ci 1ies. Mr. Fisher has made two presen1atlons to City Council at Study Sessions, most recen tly o,,
Octobe r 19, 2009. At that time, City Council recommended that staff bring forward an agreement
related to the proposed Capital Contribution for their fonnal consideration .
RECOMMENDED ACTION
Staff recommends approval of this resolution approving an agreement with the Humane Society of
Sooth Plane Valley to provide capital funding for a new animal shelter which will service the City of
Englewood.
BACKGROUND
In December of 2008, the District Cl'\urt removed 1he management of the Colorado Humane
Society and placed the operations of 1he shelter lha t serves the cities of Englewood nnd Littleton
.mder the control of a custodian. The Court. and the cuslodian have worked wi~, the IWO cities to
provide for c'lntinued operations of the shelter with the intention of transferring operalions of lhe
shelter to per nan-,nt management. However, due to financial and legal constraints, the transfer of
CHS to new management has not been accomplished. Mr. Fisher has established a new non-profit
organiza1100, the Humane Sooety of Platle Valley for purposes of operating an animal shelter and
rela1ed S!'rvlces for the benefit of the cities or Englewood and Lonleton and their respective
communities. During the Gty Council Study Session of October 19, 2009, Mr. Asher presented a
proposal to Council for opera tion of a new animal sheller and a request for capital funding to help
offse l lhe rnsts of pro·•;rfing a facllity suilable for the continued hous ing and care of Impounded
animals and related SE .... ~s. Slaff has recommended that funds initially auth<>ri7.Pd hy Re,olution
• 42 be uti lized for this purpose.
FINANCIAL IMPACT A one-llm~ capnal rnnt11bu11on ol $100,COO, "hich is l>udge1~d m the c,r,·s 2009 Con11ng,>ncy Fund UST Of ATTACHMENTS Resolu 11on
Cap11al Con tnbutlon Agreement •
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RESOLITTJON NO. SERIES OF 2009 A RESOLUTION APl'ROVING A "CAPITAL CONTRIB UTION ACiRFF.ME~T" lllIT\\'EF.N I IIE CITY OF cNUI h\lOOfl AND TIIE Ill/MANE SOCIETY OF SOU 111 Pl.A IT E VALLEY. ll'HEREAS. m 2008 1hc D1s1ric1 Coun removed the management of the Colorndo Humane Society and placed the npemtinns of the animal that serves Fnglcwood and Linleton under the
control of a custodian: and
ll'HEREAS, the Coun and the custodian have worked with Englc"'ood and Lillletnn to
pro,1dc for conunucd Op<.'fllllOIIS of the animal .helter" ith the mu:nuon nf transfming operations
of the animal shelter to permanent rn.,nagcmcnt; and
WHEREAS. new non-profit organization. the Humane Society of Plane Valley has been
established for pWJ>Oscs of operating an animal shelter and related services for the benefit of the
cuies of Englewood and Linleton and their respective commw1itics: and
WHEREAS. the City Council of1he Ci1y of Englewood previously authorized reserving funds
for the purpose of continued huusing nnd care of Ci1y impounded animals by lhc passage of
Resolution No. 42. Ser .cs of 2009: and
WHEREAS. the passage of this Rcsolu1ion authorizes the Crty of Englewood t:ntcring inlo an
agreement with the Humane Society of the South Platte Valley. Inc. rq,'ll!ding the Ci1y of
Englewood's contribution of 10 pro-,dc for animal sheltcnng services for the Cny of Englewood:
NOW, THEREFORE. BE rr RESOLVED BY THE Cf Y COUNCIi OFTiiE CITY OF
ENG Ll~WOOD, COLORADO. TiiAT:
Section 1. lnc "Capi1al CClnnihutron Agreement", anachcd hen:10 as Exhibit A. is hereby
accepted and approved by the Englc\\ood City Council.
Section 2. ·n1e Mayor n11J 1ho Cily Clerk arc hereby nu 1hori1.cd 10 srbel nnd n11cs1 said
Agreemenl for and on behalf of Ille Ci1y or Eng lewood, Color:ido.
ADOPTED AND APPROVED lhis 2nd day of November. 2009.
AITEST:
James K. Woodward, Mayor
Loucrishia A. Ellis. Cuy Clerk
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CAl'rfAL ('ONT IUIII ITION AGREF:M f./\T c m · OF t:NC L.EWUOD AN D n u: HUMA;\'E socn:rr Of THE SOL'lll PL.AT )"[ \'ALLE Y n1 is Agrccmen1 is made nnd c111crcd in10 by 1111d be1wccn THE MUMANIE SOC IFTY OFTII E SOUTH Pl.A 1TE V Al.LEY. ('"Socict~ '") 311-0 1hc CITY OF ENGLEWOO D. (""the Ci t) 00).
WHEREAS. the Cit) and Society desire 10 cooperate in provi sion of animal services 10 the
muiunl benefit of the parties; and
NOW. THEREFORE, the Society and the Cil)' •ll'C" as follows :
1. funding Amount/Cjty ownec;hip ofCaphnl Equipment, The City agrees 10 pay the
Soc iety the amoun1 of ~nc hundre;I thousand dollars ($100,000.00). 10 assist with capi1al
cos1 of the fac il ities ofaod 1he Socic1y agrees 10 use the funds for capiial construction
and/or tenant finish of its facilities. The Sociel)' will purthase, on behalf of the City in an
amount equal 10 SI 00,000, equipment necessary for the operation of the animal shelter.
This equipment will remain the property of the Ci!)' until December 31, 2010, al which
ti me the equipment will be donated to lh e Sociely provided that th at Society is in
compliance with the terms of the Animal Sheltering Agreement
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4.
5.
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7.
~ The Society agrees in exchange for the funding am ount, that the Society \\ill not
misc i1s current fee of $50.000 fo r services provided 10 the Ci!)' for 1he first five years of
opernlion ,
Record Keening Requirements. The Soc:icty shall mnintain a complete set ofbool.s and
records documenling its use of the funds. The City or any of its duly authorized
reprcsen1a1ivcs shall hove rcnsonoblc access lo any books, documents, papers, and
records of lhc City which ore pertinent for the purpose of making an audit. examination,
or excerpts. The Socil'I)' ,hall keep all books. documents. papers. and records for a
minimum of three (3)) ean.
Rcrnedj cs, The rights nnd re med ies of1hc City as se t fort h in this Agreement shall nol he
exclusive ond ore in nddi1ion to any other rights or remedies providL>d by law.
No Waiver of Rights. A waiver by ci1her party 10 thi• Agreement o f the breach of ony
term or provi sion of this Agreement sha ll nol opemle or be construed ns n waiver of any
subsequen1 breach by either pa rty.
Rela1i0Mhip of the Panics The Sockty shall perfonn oil duties and obligations under
lhis Agrccm < I as an independent conlrnct or and shall not be deemed by virtue of1his
Agrccmcnl to have cn 1cred inlo nny pannership.jninl vcn1urc, employer/employee, or
other relu1 ionship wilh lhe l'ily.
No Third Pany Beneficiorjc-. Nothing in this Agreement ~hall gi,c or oll;iw any claim or
right of action "h~1soc,er by any third party , including, bu1 not limi1ed 10, any agems or
con1rac1ors of the Socic1y .
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8. 9.
10.
II.
Sc, crnhi111,. Should an) one '" mllre prov1<1o ns of Iha, Agn.--cmen1 be ,le1cnnmed 10 b, illei;al or unenforcenhlc. nil olhcr pm, is ions nc,enhclc,~ ,hull remain cffca1ive: prnvidcd, however, lhe pnnies shall fonlll\Hh cn1cr imo good fni1h ncgollluions and proceed wi1h due diligence 10 dmfl a provision 1ha1 "ill achieve 1hc <1riginnl intcnl of the p;inies hereunder Wrjtten AmendrocnJ Required. This Agrcemcn1 mn) be amended, mod,tic-d, or changed. in whole or in pan. onl) by wrincn agreement duly nu1horized nnd e,ccuted hy the Society and the Ci1y.
Venue Venu,, for the trial of any action arising 001 of any dispute hereunder shall be in
AraJ)3hoe Count) District Coun, pursuant 10 the approprute rules of civil procedure .
~-Notices, as referred to in this Agreement, shall be sen1 to:
SOCIETY: Chief Execu1ive om~
CIT\':
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16.
Humane Society of the Sou1h Plane Valley
P.O. Box 1433
Englewood, CO 80 J 50
City Manager
City of Englewood
Englewood Civic Center
1000 Englewood Parkway
Englewood, Colorado 80110
Applicable Law. This Agreemen1 shall be cons1T11ed and enforced in accordance wi1h the
laws of the Sme of Colorado.
ExtcQJ o[Agreemcnt This Agreement constitu1es the entire agree111en1 of the parties
hereto. TI1c panics agree that 1here ho\'c been no representations made regarding the
subject moner hereof other than those, if ony, contained herein, that this Agreement
constilu1es the entire agreement of the panics wi1h respect 10 the subjec1 mancr hereof,
and further agree d1a1 the various promises and covenants conUlined herein are mutually
agreed upon and arc in consideration of one another.
Countcmans. Thi s Agreement may be exec uted in multiple coumcrpnns, each of whieh
will deemed to be an original and all of which lllke~ together will cons1i1u1c one and 1hc
same agreement.
Incorporation ofExhibjls . Unless otherwise stated in this Agrecmcn~ any cxhibiis,
applications, resolutions, or 01her documents referenced in 1his Agreement shall be
incorpora ted by reference into 1his Asrcemen1 for nll purposes.
Scetjon Heading,<. 111c headings for any section of this Agreement arc only for the
convenience and reference of the parties and are OOI intended in any way 10 define, limi~
or otherwi.se describe 1he scope or in1en1 of this Agreement.
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I. L.ou<n<lua A Elh>, CII) CkTl lt>r the l'11) of Englewood. Ctdorado, hcr<h} ,cnof) the • nh<wc 1,au11tc'Ofl) of Rc-solu11on No _. Scnc.ofl009. Louc rishia A. Ejj;'i, Cuy Clerk
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17 P1sbur;,cme111 fund, ,lwl' he trunsfcrrcd • upon 1hc f 11~ ·• a,ccpUtnce ,,I 1he lt><auon ,,1 the Socict} ·s nnimal shelter foci lit; and conlinna11on "f contrnot for ,emcc, related to construction nndlor 1cnnn1 r.nish of the fncil i1y. 18 . Assignment The rights, or nny ports thereof, granted 10 1he Society may he ass igned only with the prior written conscnl of the Ciry 19. Term ino\ion. If the $(1Ciety fails to comply with the tcnns stipulated herein, the City may tenninatc this Agreement after giving the Socicty written noti fication of the intent lo
tcrminalc and the reasons Jhereforc. If the Cil)' fails to comply with the terms stipulated
herein the Socicry may tenninate this Agreement after having given the City written
notification of the intent to t~nninale and the reasons therefore.
20 . Sjgnotum. The signntories to this Agreement represent that they are fully
authoriud to execute this Agreement and bind their respeetive entities.
21. Effective Date: The effective date of this Agreement shall be the date of the
commencement of the Agreement for animal sheltering services between the
Society and the City.
IN WITNESS WHEREOF, the Society and the City have executed this Agreement on the date set
forth below.
DATED this ___ day of November, 2009
ATTEST:
By:.:----:-,-,-.,--::::-:--=--::,--,--
Loucrishia A Ellis, City Clerk
STATE OF COLORADO )
)ss.
COUNTY OF ARAPAHOE )
sre,it'.\i,'1u%0
m lo =~; ;i·
of the south Plnllc Volley. "f
My commission expires: --11µ.JJ/ a
CITY OF ENGLEWOOD.
By: __________ _
James K. Woodward. Mayor
HUMANE SOCIETY OF THE
SOUTH PLA TfE V ALLF.V
9-vt&~~ &' ~f ~ ~r, 2009. by 1" of the Hurnunc Society
~-~ ~ fu~w-
Notary Public
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COUNCIL COMMUNICATION Dat e: Agenda Item: Subject : No ~mlwr 2, ~(X)9 I 1 c Iii Resolut ion ior ., S11pplemen1al Appropn,11 ,on fr,, Humane Soc1e1y nf Sou th Pl,111e Va ll e\' In itiate d By: Finan~e and Administrao, e Services Department I Staff Sou rce: Frank Gryglewicz, D1rec1or
COUNCIL GOAL AND PREVIO US CO UNCIL ACTION
Council discussed a supplemental approprialion for the Colorado Humane Society and the issues
surrounding ii at the lune 6, 2009 S1udy Session and de1ermined City s1aff should take 1he
necessary actions required 10 pay the ou tstanding obliga tions of the Colorado Humane Society.
City Council appropriated $100,000 for the Colorado Hu mane Society Guaran tee on June 16,
2009. The fund s were put Into contingency bu t not used .
RECOMMENDED ACTION
Staff recommends Council approve the attached Supplemenlal Resolution for a S 100,000 for capital
contribu tion to the Humane Society of South Platte Valley.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
In December of 2006, the District Court removed the management of the Colorado Humane
Society and placed the operalions uf the ,helter that serves the cities of Englewood and Littleton
under the control of a custodian. The Court and the cus todian have worked with the two cities to
provide for continued opl'•·tl ons of the shelter with the intention of transferring opera ti ons of 1he
shelt er to permane nt management. However, due to financ ial and legal co nstraint s, the transfer of
CHS 10 new managemen1 has nol been accom plished. Mr. Fisher has es tablished a new non-profit
organization, the Humane Society of South Plane Vall ey fo r purposes of opera ting an anima l shelter
and rela ted services for the benefit of the dtles of Englewood and Little ton and thei r respective
communi ties. During the Cily Council Study Session of October 19, 2009, Mr. Fisher presented,
proposal to Council for operation of ,l new an,mal shelter and a reques1 fo1 capital funding to help
otlset the costs of p,oviding a 11cility suitable for the continued housing and CM~ of impounded
annnals and reldted services
SOURCES AND USES OF FUNDS:
GENERAL FIJN D:
SOU RCE OF FUNDS:
Con tingency $100,000
USE OF FUNDS:
(" Jp11al Coowohutoon !Cl th" I hn11,111e 5ouet\ of South Platt~ V,111,,, S 10(1,()00
Fl ANCIAL IMPACT The Gener.ii Fund', Unre,erwd Umle,lgn,1ied tund b.1l,1nce ",II be no1 diangc a, 1he SI U0,000 was previously appropri,ued In Contu,gency for 1he Colorado Humane Socie1y. LI ST O F ATTAC HMENTS Proposed Resolu1ion •
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RESOLUTION NO SER IES OI :009 A KloSULU'I ION Al'PRO\'ING A SLPl'I EMFNTAL APPROl'RIA I ION 'IOTIII· 2lkl'I BUOGE'J FOK THE IIUMANF SOCIFTY m SOL'.111 PLATI E VAi LEY. WHl;RE,\S. 1hc Cuy of F.nj!lewuod 1s requm:d b~ C111 Chancr lo s'll>Urc 1ha1 e.,pcndnurcs Jo nol exceed legally adopted appmpna11ons; llnd WHEREAS. the 2009 Budget was subm11tcd and appro,cd by the lcnglc\\ood City Council on
Oc1obcr 24. 2008; and
WHEREAS, 1hc City Council of the City of Englewood au1horized on appropria1ion of
SI00,000 for the Colorado Humane Society Guarantee to pay 1hc oumonding obligations of1hc
Colorado Humane Society by the passage of Resolution No. 42. Scncs of 2009: and
WHEREAS, this supplemental appropna1ion to the 2009 Budget 1s nc«led for a SI00,000
contribu1ton 101hc Humane Soc1ciy of South Plauc Valley; and
WHEREAS, this expenditure could 1101 be foreseen and therefore was not included in the 2009
Budget.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~ The Budget for the City of En~lewood. Colorado. IS herCb) amcodcd for the year
cndinjl 200 , as follows:
GENF.RAI. FUN D
SOURCE OF FUND S:
Contin~cncy $100.000
USE Of FUNDS:
Conlribu1100 to the Humane Socict y of Sou1h Platte Val Icy SI00,000
~ The Cat) Man.1gcr anJ the Director of Fin.1ncc and Adnumstrnlivc Services ore
hereby nuthori,cd to make the above cl.inges to the 1009 Budget for the City of Englewood.
ADOPTED AND APPROVED lhi~ 2'~ day of November, 2009.
ATrF.Sr·
Jomes K. Woodward. Mayor
Loucrishin A. Ellis, City Clerk
I, Luucnsh,n /I EIits. Cuy Clerl !or the Cll) ,,r l'n~lcwood, Cuh,md,,, hcrcl>) ccn,f) the • ,tt,,ve ,, n true c,,py !>f Resoluuon ;,.;o . Sene., ,,r ~009. • Loucrulua 1\ Elli,. Cit) Clerk
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• COUNCIL COMMUNICATION Date: Agenda ltern: Subj ect: Nmemht<• ~ 1CX1Y 11 C iv Apprmal 01 South Broad\\ay Englewood Business lmprmernent O,smct Operating Plan and 1>roposed 2010 Audgel Initiated By: I Staff Source:
South Broadway Englewood Business I Darren Hollingsworth,
Improvement District I Econom ic Development Coo rdinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved Ordinance No. 29, Series of 2006 establishing the South Broadway
Englewood Business Improvement District (B IO).
RECOMMENDED ACTION
Recommendation to approve, by motion, Lhe South Broadway Englewood Business Improvement
• District Operating Plan and proposed 2010 Budget
•
In accordance with State Statute, the South Broadway Englewood Bu\iness lmpm,ement D1s1rict
subm it1ed their Operating Plan and proposed 2010 Budget on September 24, 2009 10 the
Englewood City Clerk for Council's apprc,val.
ICRS § 31-25-111 t..."The dis tri ct shall Ole an op<!rating plan and its proposed budget fo, the next
tlscJI year v. ilh lhl' tlerk 01 th~ n1u111<..11J<1lily no loller than Septembef 30 of each )'ear. The
mun,cipahl) shall appro,e or disapprove the operaung plan and budget w11h,n thirty days after
receipt of such opera ting plan and budget and all requested documentation relaung thereto, but not
later than December 5 ol 1he ) car in which such documents .ire filed. J
FI NANCIAL IMPACT
None
UST OF ATTACHMENTS
Sooth Broadwa~ Englewood Buslnes\ lmprO\emenl District (BID) Qp(.'raling Plan ,md proposed
2010 Budge t
BROADWAY SIIOPPIHG DISTRICT AT IIGIIWOOD 3-478 S. Broadway Englewood, CO 801 13 303.711.1 382
B OARD O F
D IRECTORS
PRESIDE N T
TmV-
Tm'1o.m-
3471 S -.W 80113
303.781.1382
VICE PRES IDENT _........,.
A<XUnCMuslc-
fl i B..,..,.....,80113 .1737
SECRETARY
VlooSloolN
P•WN8AN<
2816$.8ACW>W<Yll01 13
720.280.5092
T REASURER
81W1AH.w
F._01 AA1 II
90655. -•v80113
303 722.1525
M EM BERS
AICKflus.
DAUS JOI L£ss Q.olHIEAS
31)16 $ 8<1oMw•Y 80113
303 701 ,0560
-ADD
Eaw-TClllNXX>S...,
3'39 S -•v e~113
.1.7662 -w-THI CNMCU::S TDN
3396 S Bncwiw.v 801 13
303 70? 8385
r SEP : ~ • a, September 23, 2009 OFFICE OF :; THE CITY CLERK )(J , r -~
Dear Englewood City Council:
Pursuant lo State of Colorado Statutes 31-25-1211, the South
Broadway Englewood Business Improvement District (SB EBIO) Is
fo rwa rd ing Its approved 20 1 0 Budget a nd Operating Pla n. These
documents were approved by the SBEBID Boa rd o f Directors at a
meeting on Wednesday, September 23, 2009. There are no changes
to the Operating Plan for 2010.
Our Sou th Rroadway Englewood Business Improvement District
made large strides this year with the addition of the flower pots
and artistic metal flower sculptures created by artist. Sean Doherty.
This would not have been possible without the excellent
relationsh ip we have wit h you on Council and the Eng lewood City
Governrrenl. We value that relationship very much and look
forward to continuing to work together to make our District and
the City of Englewood a destination of choice for shopping, din ing
and services!
Sincerely,
Ted Vasilas, President
SOUTH BROADWAY ENCl,EWOOD BUSINF.SS IMPROVEMENT DISTRICT
• C'Elfflf'llill COi'\' OF HESO Ll 'TIO"I TO AL>Ol'T 20111 IJl'llC:ET SOL i rll IIIWAO\~ A\' E '(;J,~. ~ ()()IJ UlSIN£S~ ll\11'RO \'EM I<: • , 111 s ·1 Im ·1 COMES NOW. the Sccrctal'} of the South Broadwa} Englewood Business Improvement Di<trict. and ccnilic, that at a SJ)l,'Cial meeting of lhc Board of Directors of the District. held Wednesday. the 23rd d•y of September. '.!009. at 8;30 a.m., al ACOu$l1c Music Revival. 3445 S. Oroad\\Uy. E.nt!lcwood. C.olorado. the following Resolution was adopted by the omrmah,•e \'ote of a majority of the Board of Directors. to-wit:
A RESOLUTION SUMMARIZING REVENUES AND EXPENDITURES FOR
THE DISTRICT'S GENERAL OPERATING FUND, ADOPTING A BUDGET
IMrOSING SPECIAL ASSESSMENTS FOR TIIE YEAR 20IO TO HELP
DEFRAY THE COSTS OF GOVERNMENT. AND APPROPRJA TlNG SUMS
OF MONEY TO THE GENERAL FUND IN THE AMOUNTS AND FOR THE
PURPOSGS SET FORTI I HER.TN FOR TIIE SOUTII BROADWAY
ENGLGWOOD BUSINESS IMPROVEM ENT DISTRICT. CITY OF
ENGLE WOOD. ARAPAHOE COUNTY. COLORADO, FOR THE CALENDAR
YEAR BEGINNfNO ON THE FIRST DAY OF JANUARY, 2010, AND
ENDING ON TIIE LAST DAY OF DECE MBER, 2010.
WIIERl:.AS, the Board of Directors oflhe South 13roadwny Englewood
BusincS.( Jmpr~•,emc111 D'~lricl has authorized its consultants to prepare and submit
• A fl'Oi)il~ed I d,1~t to said governing body at the proper time: and
•
WHEREAS, Oie proposed budget has been submitted to the Board of
Directors of the District for its consideration: and
WI IERGAS. rt an cl~-ction held on Nowmbcr 7. 2006, the District has
Eliminated the revenue and expenditure limitaliC1ns impol'Cd on gnvenuncntal
Entities by Article X, Section 20 of the Colorac:O Constitution and Article and
Scclion 29-1 -301. C.R.S .• as amended.
NOW, Tl IEREFORE. BG IT RESOLVE OBY THE BOARD OF
DIRECTORS OF nm 30UTHBROADWAY ENGLEWOOD BUSINESS
IMPROVEMENT DISTRICT OF THE CITY OF ENGLEWOOD, ARAPAHOE
COUNTY, COLORADO:
Section I. 2010 Budget Revenues. That the estimated revenues for the
General fund ns more spccilical ly set out in the budget ulloched hereto nrc accepted
und npprovcd .
Section 2. 20 IO lludgef Ex pendjlUres. ·nmt the estimated
expenditures for the general fund as more spccilically scl out in the budget
Altnchcd hereto arc ucccpt cd and approved.
Sect ion 3. i\doo1jon ofl3udget for 20 10. Tha t the budget us
~uhmi tt cd. and altm:hcd hereto ond incorpornted herein hy th is reference. nnd
11 amended. tht·r J Jmc11Jc-<l. is hc1ch~ appn"cd :,nJ ,.Jc,ptcJ :t•, 1hc hui'~ct ,,1 ,~,· ,,,11th llr<• ,,h,ai Ln~lrw.-~l llusuu:s., lmp11" cmcm l)i,1nc1 fiir r,1lc11t!J1 )C:it WIU. Sect inn 5. !ksignatin1u1f I mling, fu111l !lal1111ec~ .,~ Reserves. Thul l'ursuu11110 L'u11s 1. Colo. Artic le X. s~clion 20, the l)cccmhc1· J I, 20 1 (I ending fund hal:mcc lo the Cicucrnl Fu11d. ihc cxucl amount lo he determined as pan uf the audit of the Decc:mhc, 3 I. 2010 linuncial s1a1,·mc11ts. is designated u, a l!Cncral reserve for r uture contingcucics
Section 6. !'ropeny Tnx nnd fiscal Vear Spending Limits. That. oorng
fully infonncd, the Board finds tlml the foregoing hudi;ct d,,es not result inn
violation of uny upplicablc fiscal ycur s1>C11di111, limitmi,,n.
Section 7. Ccni(jcatjon. That the r,:~1rict is not uulhori7.ed 10 levy
any ad valorem property lllXCS, and therefore shall be deemed to certify a
zero mill levy to the Board of County Corrrnissioners of ArPpahoc County,
Colormlo. during all years that the Distric: •.hnll remain in ~xistcncc, unless
n levy or ad valorem property taxes for debt or general operating purposes
is approved by eligible electors within the Distr ict in a futu re year.
Section 8. Appropriatjons. That the amounts set fonh as
expenditures nnd balances remaining. as specifically allocated in the budi;et
auachcd h~rcto. arr. hereby appropriated for the purposes stated and no
other.
·n,e for<'gomg is o Ink: and occurutc copy uf the net ion 1:tkcn b) the govcmml! body
of the Sc1u1h Rroadwa) 1:-.ngle\\,,od llusincss Improvement DistncL
(S I! A L)
SOUTH BROADWAY ENGLEWOOD
BUSINESS IMl'ROVEMENT DISTRIL'T
~ -Secretary ~
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.',()( 111 Ill{() \II\\ \\ l.\(;[,f,\\ 001) Ill <,I\K<,!, l\ll'RO\ 1.,\1 E:'I I lllS rlUCT 01'1'1{ \ I 10,\' Ill l)C: ET/\\ ORK 1'1<0(:J{ \J\I l111c,c-.. 1. Spon!ioorships
01her Income
i:xrrNDITURES
MarJ.r,int
OptuH,.~ lndud~
l'ublic Relations
Media
Mnrke1ins Ma1cri,ls
(Web Sile, Map, Olrccl ory)
Markri Research
010 rau:paytrcommunicolions
(Newsletter, Bla_si FAXos, ~mail,)
Special Evcnl.s
Mnhrtcmmu & .ta/ct)'
Opt,o"' Include
Enh>nccd S.f<11 l'a1nols
Vtdco t.lonton~g
Commumt) 11.nd Bu~utt<:\ Watch rwgnuns
Gnimn, Clnnur
Stdcw:il~ Mam1cnanrt', l'o~·d' Washmg
Spt•clnl l 1tc,J~,·tl
(>111um,t fncludr
New r•otc for <in lcwoy nn1111cr
flo wers
Signnge
Public M
Cos1nctic lmprovc111cnb/'(im111l
L1gl11,
Lt·,:11U◄erou11fiJ1t
1·0TAL EXPENDITIIRf.S
Otld~lmg R= (5'•l
C"ap,t•I RC><l'\'< (S,.)
Tt,1111 Rt'.Stn es
20111 $!011,flllO
SIii.ODO
SII0,000
S50,000
SIS.000
SJO,OOU
SS,000
SI00,000
S5,000
SS,000
SI0,000
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SOllTll lll{OJ\llWi\, E\C.I.IWOOU IIIISINESS IMl'IHll'EMI.N"I UI S n :!lllll llllllld:T MESSA<,!: 111STHICT SERVICES: The nislrlcl wil l he providing lmprnv,•n11•nts ilnd services, wluch 111,,y Include the following:
A. Marketing, Promolions and Image Enhancemenl
Public relatmns to proiect a positive image of the South Broadway
corridor.
Collaborative advertising among South Broadway businesses.
Production and packaging of marketing materials Including South
Broadway map, directory and website.
i\ newsletter and other BID communications.
Market research and stakeholder surveys
Special events Including themed events, historical evenls and ongoing
events programming.
B. Enhanced Safety and Maintenance
Enhanced safety. atrols
Improved communic.itinn with City of Englewood Police Dept.
Video Monitoring
Community and Business Watch Proi:rams
Graffiti Clean -up
Sidewalk Power Washing
C:. Specia l Projects
Banners
Gateways
Signage
Public /\rt
Cosmetic Improvements
Other projects as appro11rl.&te
111\SIS OF ACCOUNTING
The basis of accounting ullllzcd in the prcp,trolion of the 2010 lluclgct for ti,
l)ist ri ct is the cnsh basis me1hod. The Dimict's 2010 Budget inch1des projet.tcd
reven ues and expenditures for Its general operating fund .
IMl'OHTANT FEATlllll:S 01· THE BIIUGJ:T Thi' :!(I IO llutlgct tint•, nut r!'sult in rl 1•iul,1tiun uf an}' Jpplicablc proJlt•l't}' 1ax or fiscal year spcndmg lim1tdrtons. Emergency reserves have heen provided tn 2010 (3% of the llistncl's fisc,11 year spending excluding honded debt service). A General Operating Fund/Expenditures: Paid for out of the District's General
Fund, these expenses include general administrative costs, insurance,
1>rofcsslonal and other fees, as well as other miscellaneous costs.
The District cu rrently does not anticipate seeking the approval of the District's
Electors for the authorization and issuance of any general obligation debL
B. Emergency Fund/Expenditures: The emergency fund for fisca l year 2G10
will be equal lo 3% of the District's fiscal year spending, excluding those
expenditures for bonded debt servicem, spending from gifts, federa l funds,
collectlons from another government, pension contributions by employees
and pension fu nd earnings, reserve transfers or expenditures, damage
awards, or property sal es.
i\NTICIPA'rr::o PROIECTS:
The District anticipates work in the areas or marketing, maintenance and
s,1fc1y, and special 11ro1ccts to include banners, gateways, signagc, public art and
c<1smctoc unprovcmenls within the Oistnct boundaries in 2010.
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I. SUMMARY SOUTH BROADWAY E NGLEWOOD BUSINESS IM PROVEMENT DISTRICT OPERATING PLAN A ND BUDG ET The South Broadway Englewood Business Improvement District (BID) is a special assessment district designed to improve the economic vitality and
overall commercial appeal of the South Broadway corridor in Englewood . The
BID will provide programming and benefits to businesses and commercial
properties that will include marketing , promotions, enhanced safety and
maintenance. BID services will be in addition to services currently provided by
the City of Englewood. BIDs help improve image, increase sales, occupancies
and property values and attract new customers and businesses in commercial
districts and downtowns throughout Colorado and the country. Here are the
main characteristics of the South Broadway Englewood BID:
Name:
Pro posed
Boundaries :
BID Programs.
South Broad way Englewood Bus iness Im provement
District (BID).
The proposed South Broadway Englewood BID boundary
generally encompasses the commercial properties facing
the South Broadway corridor from Yale to Highway 285 . A
ma;, of Che-BID boundcry i s attachfld for referanc &
The BID can perform the following kinds of functions within
the following general categories (final BID programming
will be determined by the BID board):
Marketing, Promotions and Image Enhancement:
• Public relations to project a positive image of the
South Broadway corridor
• Collaborative advertising among South Broadway
businesses
• Production and packaging of marketing materials
including South Broadway map, directory and web
site
• Newsletter and other district communications
• Market res-earch & stakeholder surveys
• Special Ev,ents including themed, historical events
and ongoing events programming
Budget:
Speci al
Assessm ents :
Meth odology :
Assessment·
Enllancad Safety & Mainten ance • Enha nced safety patrols • More eff ective commumcalion with Police • Video momtonng • Commun ity and bu siness watch programs • Graffiti cleanup • S1d~wa lk power washing Sp ecial Projec ts • Banners
• Gateways
• Signage
• Publicart
• Cosmetic improvements
• Other projects as appropriate
Total proposed bu dg et for the first year of operation (2007 )
will be approximately $100,000.
Funding for BI D services will be raised th ro ugh a special
assessme nt that will be based upon a com bination of
commercial land area and first fl oor commercial building
square footage.
In order to allocate the costs of the servi ces and
improvements to be furnished by the BIO in a way that
most closely reflects its benefits, the BID will collect a
special assessment based upon commercia l land area and
first floor square footage. There are approximately 1.1
million square feet of commercial land and about 440,000
squa re feet of commercial first floor building within the
proposed BID boundaries. Per Colorado state law. any
property that is within the BID boundary and is classified
for assessment by the county assessor as residential or
ag ricultural is not subject to the revenue raising powers of
the BIO and therefore will not be assessed by the BIO.
Below is a table outlining the assessment based on square
foot of lot and square foot of building:
Rate er SF of lot 029
Rate per SF of first floor .152
buildin
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Term A term or ten (10/ years Is recommended for the South • Broadway Englewood BID City Services A base level of services agreement between the BID and the City of Englewood wiU outline the Crty·s current level or services in the BID area, as the City will maintain its existing services. BID services will be in addition to any City services currently provided downtown. District
Formation · The formation of a BID in Colorado requires submiss10n of
petitions from owners of real and personal property
representing more than 50% of total acreage and assessed
value within the district, a public hearing and a City Council
ord inance forming the BID.
Fina ncia l
Approva l: In order to allow for a BID assessment, a majority of
qualified electors within the proposed district who actually
vote must approve the assessment in an election to be
held in November 2006.
Gove rnance: The Bl D will be managed by a Board of Directors
consisting of five (5) to seven (7) members, all of wh om • shall be voting members and BID ratepayers. One
additional seat (in addition to the 5-7 voting members) shall
be reserved for an ex-officio member that sha ll be a
representative of the City of Englewood The board will
determine annual BID priorities and oversee ongoing
management of BID programs. The board shall consist of
a majority of real property owners, shall equitably represent
geographic areas of the BID and a variety of size and type
of property and businesses.
A slate of board nominees shall be submitted by a
nominating committee to City Council for approval. City
Council may, at its discretion, decline to appoint the slate
of nominees but if ii does so tt sha!! return the entire slate
to the nominating committe£ which shan subn,it :mother
slate of nominees for consideraticn by City Counc.il.
Dissolution: The Bl D may be dissolved if property owners represeming
more than 50% of total acreage and assessed value within
the District submit petitions to dissolve it, or if the BID fails
lo submit a~ ope rating budget to City Council for two
successive yea rs . •
II. WHY FOR M A BID? T11t:re are several reasons why now ,s 1he r,ghl ume lo 101111 a Busu=s 1n1provemen1 D1stnc1 along 1he Sou th Broadway comdor 1n Englewood • Increase Sales, Occ upanc ies and Property Values More than 1,000 BIDs ha ve been formed th roughout No rth Am eri ca and are acknow ledged as a critical ingredient in commercial area revitahzallon. BIDs are proven to work by funding improvements and services that
enhance the overall vitality of a business distric1 Success ,s measured
by higher occupancies. sales and property values Nationally the BID
renewal rate is 99%
• Strengthen the So uth Broad way Corridor's Competitiveness in the
Regional Marketplace: The BID supports a results-oriented set of programs
that will produce both short-term and long-term tangible improvements.
These improvements and services will help accelerate efforts to attract and
reta in con sumers, visitors, new businesses and investmen t to South
Broadway.
• Create a Reliable Sour ce of Fundin g for South Broadway: A BI D will
provide a reli able, multi-year source of fun ding to ensure these progra ms
can continue lo showcase and benefit the South Broadway corridor
• Le verage Positive Ch an ges along the South Bro adw ay corridor: There
are exciting changes 1n Englewood-with new businesses and investment
creating an eclectic and exc1t1ng business mrx The 810 will help lo ensure
that th.: benefits of the new investment and energy will be spread throughout
the South 210adway corridor
• Broaden Private Sector Control and Accountability: The South Broadway
Englewood Bl D will be governed by a board of district property and business
owners. Annu al BI D work plans and budgets will be developed by the board,
ensuring that lhe BID will be directly accountable to those wh o pay an
assessment. New programs will be s;;i>Ject to private sector pe rforman ce
standards and controls.
• Crea te a Un ified Vo ice for the South Broadway Corridor in Englewood: A
BIO will help broaden the foundation for developing a viable and unified
private sector voice for the South Broadway corridor A BID will unify and
enhance the current merchant associa tion efforts, and acl as an advocate for
the healthy growth and dev,c lopmenl of the entire BID area
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Ill. PROCESS TO CREATE THE BID OPERATING PLAN The Plan for creating a 810 along South Broadway in Englewood 1s the result of a community process 1n which more than 100 Englewood area property and business owners have participated between the fa ll of 2005 and the spring of 2006. The Ci ty of Englewood , at the behest of a group of merchant and property owners, retained th e consulting firm of Progressive Urban Management Associates (P U.M.A.) to help determine the feasibility of forming a BIO Key steps or the process included:
• BIO Steering Committee: To guide the consultant team and test the
viability of the BIO concept, a Steering Committee composed of district
property owners and business owners was created Steering Committee
members include· Ted Vasilas, Jon Cook, Doug Cohn, Beth Minnick,
Bob Voth , Rick Reese, Brian Verbeck, Steve Schalk and Bob Laughlin.
• One-On-One Meetings with Key Property Owners: A series of one-
on-one meetings were held with business and property owners in the
BID study area to determine their willingness to support a BID.
• Stakeholder Focus Gro ups: To involve property and business owners
in the design and development of the plan , two stakeholder focus groups
were held in November, 2005 . The focus groups included a survey
designed lo assess service priorities and whether there was an appetite
to support various BID improvements and activities
• Direct Mail Survey A direct mail survey was sent to property owners
within the Englewood BID study area in November. 2005. Fifty-five (55)
surveys were returned providing additional input for the design of the
BIO work plan.
• Plan Review Workshops/Final Plan: The draft BIO ·11ork plan and
budget were reviewed by the BIO Steering Committee and then
presented to property and business owners in two workshops held in
early February , 2006. Input from the workshops and Steering
Committee led to the completion of the final plan.
Top community priorities that emerged from nearly 100 surveys
completed by participants In one-on-one meetings and locus groups and
respondents to the mail survey included:
• Marketing, Promotions & Image Enhancement
• Enhanced Maintenance
• Enhanced Safety
IV. SOUTH BROADWAY ENGLEWOOD BI D OPERA TING PLAN As determ,ned by area property and business owners , the lop priorit ies for improvements and act1v1t1es wi thin the BID study area include· • Marketing and promotions to increase the South Broadway corndo1 s image as a destination and increase the consumer draw to the corridor • Enhanced maintenance and safety programs to address nuisance crimes to create a more attractive, safe and appea ling area.
The following narrative provides recommendations for th e first oof:ra:,rig
year of the BID. The Board may amend program activities In subseque11 , Yf'u ,s
within the general categories authorized by state law and in the appro11ed
annual operating plan and budget. Final programs and budgets will be subject
to the annual review and approval of the BID Board of Directors.
810 PROGRAM S
Marketing and Promotions: Initiatives are recom mended to enhance
the overall image and marketability of the South Broadway corridor to attract a
wide array of consumers and promote Scuth Broadway shops, restaurants,
night clubs and other attractions. The BID Board of Directors will set annual
pnorities for marketing projects. Opttons include:
• Public relations to ra ise regional awareness of the South
Broadway corridor and its unique restau 1ants, shops, and
atlractions.
• Map and Directory to help r:,nsumers find their way around the
corridor and to loca le specific venues.
• Collaborative Marketing among the various merchants and
vendors along the corridor in order to leverage marketing funds
and resources.
• South Broadway website that maintains current information on
area businesses, special events and con ta ct information for South
Broadway E11glewood BID personne l and services
• Markel research to better understand who Is shopping along "ie
corridor and what shops, services, restaurants and events are
gaining the biggest consumer draw.
• Communications including the publication of a periodic
newsletter and annual stakeholder surveys to determine the
overall satisfaction with and effectiveness of BID programs .
• Special Events that bring focus and attention to the corridor are
encouraged to cont inue and expand .
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Enhanced Maintenance and Safety Programs are recommended to improve the overall image safety and appeal of the Scutt> Broadway corridor including · • Enhanced safety patrols • More effective commumcal1on with Pohce • Video monitoring • Community and business watch programs • Graffiti cleanup • Sidewalk power washing
Sp ecial Projects to enhance the sense of place and esthetic quality ,,f
the South Broadway corridor includn:
• Banners
• Gateways
• Signage
• Public art
• Cosmetic improvements
V. BID BUDGET
The proposed annual BID budget is approximately $100,000. to be
raised through a comb;,,ation of special assessment on commercial lot and
building (first floor onlr) located within the boundaries of the BID .
The budget includes provisions for defraying the costs of collecting the
special assessments and other expenses normally associated with special
assessment processes .
Bonds : The BID shall be authorized to issue bonds at the discretion of,
and in such amounts as may be detennined by, the BID Board of Directors , and
subject further to the approval of a majority of BID electors at ,,n election called
for the purpose of authorizing such bonds.
Fees and Charges: Although the current budget and operating plan do
not contemplate imposing rates and charges for services furnished or
performed, the BIO shall be authorized to impose and collect reasonal-'" fees
and charges for specific services as determined by the ' l Board of D1reu ..,, s.
There are no plans to impose any additional fees and ~ es beyond the
annual BIO assessment al this time .
VI. ASSESSMENT METHODOLOGY Under Colorado slatules Business Improvemen t Districts can generate reven• ,es through severa l melhods. including charges !or services rendered by lhe district, lees. taxes , special assessr.ients, or c1 combmal1on of any ol these In order 10 allocate the costs ol the services to be furnished by the BID in a way that most closely reflects the benefits conferred upon the businesses and comn ,ercial properties in lhe BID, the BID shall be author ized to determine, Impose a· ·' collect special assessments based upon both commercial lot and lirst floo, , , 1mercial building square footage.
The special assessment methodolog y is intended to equitably
address the inlended benefrts to South Broadway based upon real property
characteristics to achieve the following ;
810 services will improve overall iriage amJ marketability of properties
throughout the entire area of the BID, leading to increased occu"lancies and
values . Lane: square footage is utilized as an assessment variable to distribute
the anticipateo benefit to property resulting from these service&. One-third of
the projected BID budgel is allocated to land.
F .. st noor building square footage 1s assessed at a higher rate than land.
The first floor of real property is expected to benefit from image enhancement
activities thal increase occupancies and sales, particularly from retail related
uses. Two-thirds of the projected 810 budget 1s allocated to the first floor of real
property.
Second floor and higher building square footage 1s omitted from the special
assessment because these spaces do not provide the same level of economic
return as first floor spaces and are less likely to be occupied by retail related
uses.
The following assessment rates apply to South Broadway Englewood
properties based upon a database that has been assembled by lhe City of
Englewood utilizing data supplied by the Arapahoe County Assessor and GIS
technology. Estimated assessment rates on real property for the first operating
,ear of the BID are;
South Broadway
Commercial Prooer\ies
Per sq fl of Lot I Per sq ft of main floor of
build1nn
s .029 I -----':;s=1 s""2"'-----1
Annual Adj ustments: In order to provide adequate lunding for the
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costs of providi ng its services and Improvements in the fulure, the BID shall be •
authorized to increase the rates of assessment set f.-,rth above not more than
five percent (5%) each year. on a cumulalive basis . ,ha assessment will be
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collected by the :::ri ;:1.:,v • _ • ! J -, .... !.,-.,·pursuant lo an agreement to be entered into by between lhe BID and Treasurer's Office VII. BID GOVERNAN CE AND PR OGRAM MANA GEMENT Gove rna nce: The BID will be managed by a Board of Directors consisting of five (5) to seven (7) members, all of whom shall be voting members and BID ratepayers . One additional seal (in addition to the 5.7 voting members) shall be reserved for an ex-officio member who shalt be a rep resentative of the City of Englewood. The board will determine annual BID
priorities and oversee ongoing management of BID programs . The board
shall consist of a majority of real property owners , shall equitably represent
geographic areas of the BID and a variety of size and type of property and
busi11esses .
A slate of boa rd nominees shall be submitted by a nominating committt1e
to City Council for approval. Crty Council may , at its discretion, decline to
appoint the slate of nominees but if it does so it s:'1311 return the entire slate to
the nominating committee which shall submit an.,rher slate of nominees for
con siderati on by City Co uncil.
The BID board will have the following responsibilities :
• Prepare and file the annual BID budget in accordance with state legal
requirements and ensure compliance with other sta te laws.
• Provide direction and coordination in carrying out BID funded
improvements and services.
Program Manag ement: In order to manage and imp lement BID
programs , the BID Board or Directors may engage profess ional staff support
in a variety of ways, including
• Employing marketing and events, maintenance or security professionals
as full or part-time staff members
• Contracting for specific services with private firms
The board will make final decisions regarding the operation and daily
management of BID services upon its formation .
VIII. CITY SERVICES
A base level of services agreement between the BID and the City of
Englewood will outline the City 's current level of se1vic.es along the South
Broadway corridor. BID services wi ll be in addition to any City serv ices currentl y
provided in the BID boundary.
IX . TER M The BID will sunsel ten years after ,t begins operations in 2007 (at the end of 2016). unless extended beyond such tenn by petrnons meeting the requirements or stale law for organizabon of a new business improvement district and such extensic-n 1s approved by the City Counci l.
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SAMPLE FIRST YEAR BID OPERATING BUDGET -2007-Revenue BID Assessments Interest. sponsorships Other income
Total
Expenditures
$100 000 $10,000
$110,000
Marketing $50,000
Options include.
• Public relations
• Marketing materials
(web site, map, directory)
• Market research
• BID ratepayer communicatio ns
(news letter blast faxes, emails)
• Special events
Maintenance & Safety $25,000
Options ;nclude·
• Enhanced safety patrols
• Video monitori ng
• Community and business watch programs
• Graffiti cleanup
• Sidewalk maintenance, power washing
Special Projects
Options Include:
• Banners
• Gateways
• Signage
• Public art
• Cosmetic improvements
Total Expenditures
Operating Reserve (5%)
Capital Reserve (5%)
Tota l Reserves
TOTAL
$25,000
$100,000
$5,000
$5,000
$10,000
$1 10,000
II