Retail marijuana will be decided by voters in the April 3 election

By Rudy Hemmann

The Surveyor

At Tuesday evening’s town board meeting the trustees wrestled, one last time, with allowing the use of recreational marijuana. After the topic was brought up, Town Attorney Greg Bell was asked what still needed to be done regarding the issue. Bell stated the only item not resolved was whether to allow the town’s residents decide the question, or if the decision will be made by the board. Discussion centered on this issue.

Following a relatively short discussion period, a motion directing the town attorney to draft an ordinance enacting the retail marijuana code for adoption by the town board of trustees was made and seconded, but failed by a vote of 4 to 3. Trustees voting “Yes” were; Trustees Jeff Hindman, Brian Laak and Will Karspeck. The “No” votes were cast by Trustees Jennifer Baker and Kelly Dunkelberger, Mayor Pro Tem Chris Buckridge and Mayor Steve Mulvihill.

Following the defeat of the first motion, a second motion directing the town attorney to draft a resolution enacting the retail marijuana code for approval or rejection by the residents of the town of Berthoud was made, seconded and passed by a vote of 5 to 2. The trustees voting “Yes” were; Karspeck, Baker, Dunkelberger, Buckridge and Mulvihill. The “No” votes were cast by Hindman and Laak.

The trustees unanimously approved a proposal brought forward by Berthoud Local Farmers Market for reimbursement of fees charged by the town for rental of a portion of Fickel Park and for an additional seasonal restroom (aka porta-potty). The farmers’ market is open Saturdays, mid-June until the last week of September.

It was noted during discussion that the town would lose money on the proposal; which was submitted, provided the sales projections for 2018 are accurate. However, the trustees all found the farmers’ market to be well worth the investment of $2,603 the town would be losing.

A revised animal-at-large ordinance, which had been requested by town police was unanimously approved. Sargent Jim Anderson of the Larimer County Sheriff’s Office Berthoud Division, under questioning by the board, stated the revisions made to the ordinance would make the job of policing dogs that are allowed to run without a leash much easier.

A request was made by the developer of the Vantage Subdivision to dedicate 457 square feet of right-of-way (ROW) to the town. Community Development Manager Curt Freese brought the matter before the board. He explained to the trustees that ROW can only be dedicated by an approved plat or by board action, and the final plat for the property had already been approved by the town board. The board unanimously approved the dedication.

The trustees ratified the selection of Vickie McLane to a seat on the Berthoud Community Library District Board of Trustees. The library district board selected McLane at their meeting of Dec. 6, 2016. Her term on the board will end Dec. 31, 2021.

The trustees approved a resolution to delegate the authority to appoint election judges to the town clerk.

After spending about 15 minutes in executive session the board reconvened to approve a motion authorizing the town administrator to enter into a tax share-back agreement with the owners of Home Town Liquors and entities, capping the share-back fees and construction costs up to $173,500 plus general expenses of $25,000. These funds to be to be paid from 60 percent of the sales tax received by the town from Home Town Liquors within a period of 60 months or when the cap is reached, whichever is sooner. The formal agreement and supporting documents shall be subjected to the approval of staff. The motion was unanimously approved.

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