Redstone FebMar 2015

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Celebratingth our 15 year of publication!

VOLUME 15, NUMBER 1

LYONS, COLORADO

RESIDENT / OCCUPANT PRSRT STD ECRWSS US POSTAGE PAID LYONS, CO PERMIT No 2053 $.50

FEBRUARY 18 / MARCH 18, 2015

B •R •I •E •F •S Pot taxes may have to be refunded DENVER – Due the TABOR Amendment all the taxes collected from marijuana sales may have to be refunded unless lawmakers can find a solution. Colorado voters voted by a wide majority to legalize marijuana, first medical marijuana and then recreational marijuana, because they wanted the state to benefit from the tax revenue. But now the Taxpayer Bill of Rights (TABOR) a part of the state constitution, may mandate a refund of the taxes which would take away the money designated for schools and prevention programs. In Lyons voters approved an increase of 3.5 percent increase on the existing 3 percent excise tax on recreational marijuana last year. The Lyons Board of Trustees could increase the tax to as much as 10 percent. The money would fund training, enforcement, and administration of marijuana laws and regulations and support local drug and alcohol programs Continue Briefs on Page 5

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I •N •D •E •X LYONS

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MAYOR’S CORNER

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CONCEPTS

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INTEREST

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CONTEXT

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CONNECTIONS

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A&E

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INSIGHT

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ANNIVERSARY

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FOUNDATIONS

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IDEAS

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INTENTION

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CULTURE

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VALUES

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NATURE

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Making valentines at Lyons Valley Preschool – at left is Natalie Bear, age 4 1/2, and on the right is Kira Hoyt, 3 1/2. PHOTO BY CATHY RIVERS

Lyons Town Board rethinks marijuana election, raises electric rates By Susan de Castro McCann Redstone Review Editor LYONS – On Monday, February 9 the Lyons Town Board held a special meeting where Tim Cox, Lyons town attorney, told the board that the election they intended to hold to ban retail marijuana was in fact illegal according to Amendment 64. Amendment 64 states clearly that any municipality that wants to vote to ban marijuana must do so at a general election (not a special election which Lyons was trying to do) and the vote can only be held in an even numbered year, which is not 2015. According to Roxanne Peyser, an attorney in Lyons, two attorneys who were among those who authored Amendment 64, Brian Vicente and Christian Sederberg, set those conditions in the amendment because they were thinking ahead and anticipated this possibility (municipalities holding a special election) when they wrote the amendment. Typically fewer people vote in special elections than in general elections which are always held in November. “They are following this (election in Lyons) closely,” she said. “In this case it appears that state law trumps municipal law.”

The election came about after about 200 people – roughly 10 percent of the town – petitioned to ban the sale of retail marijuana. The petition was led by former Trustee Kirk Udovich. The town set the question to the March 24 special election ballot: “Shall Lyons adopt an ordinance banning retail pot stores, as well as facilities meant for cultivation, product manufacturing and testing?” Lyons Mayor John O’Brien said that cancelling the election is the most logical outcome. Trustee Connie Sullivan said that a moratorium might be a possibility and Trustee Dan Greenberg said he wanted to see all the options. Attorney Cox apologized several times to the board, saying that this just flew under the radar and he took full responsibility for not catching it sooner. However, initiatives such as the one brought before the board to hold the election also have rules governed by the state which say that town boards or city councils must act within 90 days of receiving the petitions. “I did not even think about the even numbered year and when it came to light, we were caught between a rock and a hard place,” said Cox in a telephone interview. “The initiative is heavily protected (by law).” The board said that they did not blame Cox

and should have caught the law as well. The previous board had a moratorium in place until November of 2014 for the exact purpose of allowing the new board to hold an election. But the new board removed the moratorium and created a new ordinance to regulate both medical and recreational marijuana. Attorney Cox strongly advised the board to vote on the new ordinance he created to take the election to ban the sale of retail marijuana off the ballot. But the board seemed hesitant to make that decision, Trustee Dan Greenberg asked, “What if we do nothing?” Attorney Cox said, “I can’t as your attorney advise that.” He told the board that they would open themselves up to a legal challenge which could be very costly. The board can do several things such as allow the election to proceed, but that seems unreasonable and most likely the board will pull the election and create a place holder for question one on the ballot. Many of the issues that the board is dealing with lately seem quite contentious. The vote on whether to build plus or minus 60 housing units in Bohn Park had divided the town into several factions. The vote on park housing will be the second item on the mailin ballot. The ballots will be sent out on March 2 and finalized on March 24. Everyone is encouraged to vote. Continue Town on Page 18


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Redstone FebMar 2015 by Redstone Review - Issuu