December 5, 2022 — Cannabis Licensing Advisory Board Regular Meeting
The Cannabis Licensing Advisory Board discussed a policy proposal from Jeff Guard regarding non-conforming use protections for cannabis businesses. The board heard arguments that cannabis businesses lack the same location protections afforded to other licensed businesses like liquor vendors, resulting in permanent closure when licenses lapse. The meeting also addressed board working agreements and procedural reforms.
Key Items
Non-Conforming Use Protections
- Jeff Guard proposed extending non-conforming use protections to cannabis businesses, similar to those granted to liquor licenses and other businesses
- When a cannabis license is lost, the location becomes permanently unavailable
- Example: High Grade Alternatives lost its license over a manager-on-duty violation; The Farm property has remained shuttered for 10 years
- Proposed changes to Boulder Municipal Code sections 6.14.7 and 6.16.7 to align cannabis business protections with Title 9 non-conforming use rules
Comparative Analysis
- Liquor licenses transfer with property/ownership without requiring full zoning re-evaluation
- Cannabis licensing uniquely requires full zoning re-evaluation upon relocation
- Gun shops and other regulated businesses do not face same permanent location loss
Public Comment
- Laura Parker, cannabis industry representative: minor licensing errors or brief lapses result in permanent location loss, unlike other regulated industries; suggested case-by-case review rather than blanket property restrictions
Board Working Agreements
- Retreat summary reviewed including discussion of pre-considered motions — submitting motion language in advance to improve clarity
- Board member suggested moving "Matters from Chair and Members" earlier in agenda
Outcomes and Follow-Up
- Board acknowledged non-conforming use protection disparity is unfair but complicated — touches multiple code sections (marijuana ordinance and zoning code)
- Recommendation to forward Guard's proposal to City Council for consideration; Council has previously heard variants without formal action
- Staff clarified changes require City Council or Land Use/Planning Department action; board can only recommend
- Board member Robin expressed support for favorable recommendation on statute wording changes, with suggestion of case-by-case evaluation as middle ground
- Evan to submit four pre-written motion proposals for January meeting to formalize motion language process
- Agenda procedures to be reviewed; staff to prioritize "Matters from Chair and Members" earlier in agenda order
Date: 2022-12-05 Body: Cannabis Licensing Advisory Board Type: Regular Meeting Recording: YouTube
View transcript (178 segments)
Transcript
Captions from City of Boulder YouTube recording.
[18:30] There's very Few opportunities for them, and so we're traditionally, the businesses have been located like the Farm for Instance. We'll just use that as the example. That business would close, and for the most part be shuttered. So if you look at the one of the most successful businesses was high Grade Alternatives, it lost its license because it didn't have a manager on duty, during an inspection, nobody else has been able to open up a Shop over there in the 10 years, it's, been closed and that That's that that actual unit where it was, has been shuttered for 10 years.
[19:00] It is not nothing has been able to reopen there. So what we're looking to do is to give marijuana businesses, the same opportunities and the same protections afford it, to all other non-conforming use businesses, so that they are they could move around to another location, say the Farm wants to close but you know 14 or wants to open up Over at that location. That couldn't happen under the current scheme because of Nonconforming use a lot of Nonconforming Use protection. So I wanted to clarify that. And it's just just something. That's always been a problem, because I've had to unfortunately be part of sorry my time. Is been part of watching so many of these businesses, Shutter and then never be able to reopen for that same use, when any other business could have done that So questions for Mr. Card
[20:02] Don. If you could turn the timer off for a moment, so we can see everything Certainly Otherwise. I'd imagine not imagine my Tom, I've I've sent this thing up the flagpole for the last 6 years. So people have pretty familiar with what I'm trying to do. And so hopefully, it's just something we take up. I think it's just a fair thing to do. It Oh, I I just wanna call the bars. Attention the fact that we will have a second speaker. So. Let's keep that in mind, Robin question. I just wanna ask really, quickly. So in your memo and what you just your comments. Just now, you said that all other city businesses have grandfathering and nonconforming us protections. Yes. So I think this is a question for you. And maybe for While but are there is there any other category. that has to deal with these kind of restrictions, or are not having the ability to grandfather in for years, there any other category, of business at all
[21:03] Did you want to answer first? Yeah. Not that I'm aware of laurel, Laurel, I'm not sure I I haven't seen any. I did some pretty exhaustive Research Robin It's sort of it, applies to everyone, and the only reason. It doesn't apply to cannabis businesses, is, the marijuana ordinances themselves were not written with that being, contemplated as as an option Thank you. Laura. Well, do you want it Yeah, so, I don't have any specific examples we could do some more research back to definitely on specific examples. But generally speaking, at the code sections that are referred to is the marijuana businesses, like aren't treated like other businesses. And true, necessarily because other businesses have these property rights, and marijuana, licensing is more of a as a privilege, is something that we give to somebody as a privilege, of operating business, in the city so it's treated a little bit differently, in the code, so that's. Why, there may not be an exact comparison between 2 different businesses. We can do a little bit more research and get back to you So to Augment 1 s Jeff.
[22:00] But if I could respond to that, Tom, it's it it but for the Licensing Licensing is a privilege, also and they and if so, if you had a liquor, license, at a Location, and Another business, wanted to open up you would still, have that Liquor License continue with that business, like like all the other ones, so that it's not quite the same. So that is something that happens So, Jeff to Augment Robin's question. A question for you, and laurel Oh, thank you for pointing out liquor businesses, what about gunshops, too? Is there aren't there some some limitations on where gunshops can open up Not that I'm aware of, and of course we know the only Gunshot Left in Boulder, is a block from the High School, Hmm. And when it changed ownership from carters, it used to be called carters, known it's called Boulder, Gunsport, they were a allowed to continue that to the Extent would be a non-conforming Use which I don't believe it is they were allowed to continue under new ownership, at that same location, but it's really something akin more like to liquor, licensing.
[23:04] So if you owned that chicken shop with Salvadgos? Had a liquor license on the corner of Broadway and Colorado, and then the Chicken shop opened up they had the same Exact Liquor License that goes, even though It's A Privilege and Not a Right that Non-conforming Use of having a Liquor license at that location runs with essentially the property as opposed to the owner or ownership of the business Brian. Did you have a question. Oh, okay. So let's go back to the Liquor establishment, and so if the Liquor establishment, lost their License for whatever reason, and then either Someone Else, bought the business, or they tried to reopen in the same place but a daycare had opened up 100 feet away! How would that play out Laurel and R Jeff
[24:02] It would depend on how the license like Transferred, if it was a transfer of ownership versus a new Layers, which is kind of what we're talking About here, the New License, would still have to follow all the liquor License Requirements, unless I'm Mistaken kristen or don't feel free to jump. And since you've done these a few more times, But the liquor license would have to go through the same process, just like Marijuana or where if you get a new license you still have to go through the processes there is a transfer of ownership, Option but you have to be up to date, on all the text and All these things in order to be able to transfer that ownership So. Did I get that right, Christian and John, if there's something missing, please feel free to jump in. But that's it seems sort sort of similar But it does it doesn't start over from from a zoning perspective. Okay. That's a licensing perspective. So when the Rio had to close while they renovated, they were able to move into the Ted's Spot even though Ted's had Shuttered his Doors some some period of Time before that so they were able to continue Operating having their Liquor
[25:04] License there, and then, when they wanted to move back to the Rio where it's located now, they were able, to do that, and so the problem, with with cannabis, is it starts over from a zoning perspective, which is what a non-conforming use protection. affords it sort of says, Okay, you have to apply for the licensure. Here. Okay. At say, the farm, but the property itself is already bid historically, in use for Canada, and it's a non-conforming use that we've already approved, so that approval of Nonconforming Use as long as it's Reopening within one year continues at that location, but the the new owner would have to apply for a New Cannabis License, and all that and but again, the property itself wouldn't have to start over from a Zoning review Standpoint. Yeah and and kind of what you're talking about is so I advise Liquor Licensing within the city, I'm on the the Beverage Lasting Authority There's There's like, a Difference, between Licensing and then the actual Conformity, Use, Just like Cloud Overseas
[26:04] Licensing for Marijuana La Overseas Licensing for the Beverage, Licensing Authority, There's Somebody else Who Oversees, these like Land used to Decisions, which I know Mr. Guard, you've gone up and down with the procedures as far as the Land use side of things. Yeah yeah Yeah, but it's a little bit different. Yes. Evan Questions. So you're still mute 2 major, things, the categories of Exclusion, for Marijuana, businesses, is actually more comprehensive than it is for like a licensing so that that's worth Considering i Don't believe daycares, is actually included for Liquor Licenses That's the Reason why there's lots of Liquor licenses that are right next to daycare that's that's an exclusion that is unique to cannabis, not to alcohol one number 2 I believe the way, that these privilege, Licenses Work at least at the state level is related to the individual and not necessarily the use, and because of that you have individuals who can be excluded from liquor licensing, despite the fact that the location, if transferred to an appropriate license holder would not be excluded and I
[27:13] Think that's ultimately the thrust of this that's essentially what Mr. Guard is seeking here, the a business that is, is removed from the city. For whatever reason, as as individuals do not necessarily prohibit, that facility from being occupied by a different individual under the same license that that is Sorry sorry to interrupt I think there's an opportunity to do a discussion later down in the Agenda. I think this is just for questions I'm okay, I was just gonna say, that moral, actually, so this will be time. Sorry not to interrupt. No, no, you're right, and I was just gonna say the same thing. This is a time for questions, for Mr. Guard, and then we will have a discussion Okay, Jeff does the is there a difference between the licensing of an individual versus? The licensing of a business in this situation, and in the case, that an individual is deemed to be unsuitable for the license would that exclude the license independent of that person. The way that code is written currently
[28:11] The the end. The answer Evan is yes, and I think this would be going something, to maybe one of Robin's concerns. So here we have a business that's kind of a scoff. Law hasn't done things right and and Kristin has to take steps to remove, that licensee, but that property itself has been in use historically, for say, a Decade, or more as a Cannabis business the property itself currently would be excluded whereas it wouldn't be if it was a Liquor License so it could be reopened like where that vacuum store is now for instance, on the corner of Thalmont and 28, so you could you know, they th that we don't Lose our ability to control the bad Actors, and get Rid of them. But we lose that ability to use that property for that same nonconforming, Use, the way, the code is currently interpreted and written under the Cannabis Part
[29:09] Alright, other Questions for Mr. Guard. And I guess I have one so slightly complicated question, but since this is an issue that's already been brought up to City Console under the realm, or during during the realm of map what is it. You would really like. Because it involves different parts of the city that we can't control the Cannabis Licensing Advisory Part what what is it you would ask a cloud at this point in time, Jeff Thank you, Tom to be frank and Cla K. Can speak to this, because she was on the map, the this issue did not make it to council most of the issues, that were discussed in map. Did not make it to council, and so Kevin's never had an opportunity to weigh in one way or the other about whether it would extend the non-conforming use protection, to everyone including Marijuana businesses or with a would they continue to support excluding cannabis businesses from
[30:14] Non-conforming use protection, so it's never it's never made it to that point and at the point. That map changed to clab I raised and brought the same issue to Cloud, because that was the new vehicle to make the recommendation. So what I would ask, is, if the group is an agreement that out of Fairness Marijuana businesses should have the same non-conforming use protection to just simply make that recommendation, like they're making for other things like Cpd sales, or Potentially hospitality, which you're debating Now, so that's why Okay, if there are no more questions for Mr. Garden, then I will ask everybody to hold their thoughts for a moment Okay, go ahead. Tom, I have a question. Maybe maybe this is a question more suited for you, laurel, I believe it was you, Laurel.
[31:05] Maybe it was Jack that had characterized the License as a privilege, and I'm Curious is is a liquor. Yes. Yep. Okay, so put it in a mental place holder, and let's hear from our other Thank you, Laura. I haven't had a chance to meet you. You I look forward, to working with you Got you to Mr. Guard. Yes, I'm just here temporarily. Well, Kathy is out of the office. Okay, so we have another speaker, Laura Parker, and since I gave Jeff 5 min. Then I will allow you the same alright. If you don't mind. Can I call you a lot Okay. Yes, it's lara. Thank you. Can you guys hear me.
[32:01] Okay, great, I certainly don't mean to take away from Jeff's time, because he is definitely more knowledgeable than I am about these laws. I really just wanted to hop on quick, and just really really reiterate his stance. That this is something that could be brought to city Council's attention. It is kind of a disparity in the rules Cannabis companies are up against a lot, a lot of rules and regulations. And and most cases were happy to do it. We want to stay in compliance. We want to offer this product safely and in a healthy way, to the people who are supposed to have it. We want to keep it out of the hands of children. We agree with all of these things that you guys, do legislature, wise but this is kind of I feel something that's kind of slipped through the cracks i've personally, I work for a cannabis, company, here in boulder and I've. Witnessed the stress that goes into renewing a license just simply over the thought, that any little typo or minor error that could hold up licensing for even a manner of a few hours.
[33:10] We could completely lose that location forever. If this person, renewing our license doesn't have everything completely in order, and completely on top of It It's, it shouldn't be that difficult. But it is and historically, there have been companies that lost had a lapse in their license, for less than 24 h, and they're no longer operating in that location. And it just seems a bit much. I I feel like we're definitely held to a higher standard than most companies. And by nature, of what we produce and sell, we should be. But here's an area where we can maybe maybe make it a little more fair and I'd like to suggest even potentially recommending the City Council to take it. By a case, by case basis. You know, obviously if a company's in major compliance infractions and have been doing some really bad, things, then okay, maybe they don't get to keep that location, but if it's something simple, like a typo or just a you know for whatever reason, things didn't go
[34:16] Through and they're able to get their license right away. I don't feel like they should have to move and lose that location. Once you lose your location, you're up against really limited zoning areas. And you know if you can find a building in that limited zone that it's gonna let you you know do business there I mean it's just really it it really limits where companies can operate and unfortunately, it kind of runs companies out of town, if they can't operate easily or you Know here in boulder, they'll they'll move on to other locations. That was all I wanted to say, just that I think that Jeff is fighting a good fight, and I wholeheartedly.
[35:00] Agree, and I really really hope you guys bring this to city council. Alright, questions for La La La Okay, Was that something is that you haven't Oh, okay, some some audio slipped in there, I thought it sounded like you. Yeah, so any other. I see. No other public comment. John is that correct So let's officially close public comment and move on to Actually so there was more discussion about the retreat. But I I'm thinking to keep things
[36:08] And in line with what we just heard made, we can see items 3 and items, 4. Anyone opposed to that Lead, a motion. Who said that. Okay, Alright Me sorry Laurel set up. Yeah. A motion to move that Does anyone agree that that might be a logical chain of events. Cool thank you Say that again, real quick, Tom, what are you? What are you shooting for here Well, right now, if we go per agenda, the next agenda item is to follow up on the Retreat and Discuss Working Agreements and ground rules that we discussed at the Retreat Item 4 was To Review the Policy Suggestion Form submitted by Mr. Guard.
[37:00] I'm kind of sticking with the agenda. If that's easier Say it again, Alana I'm fine sticking with the agenda that's easier awesome Doesn't matter to me, okay. Well, unless must Keep your memory intact to discuss, agenda, item 4. and We'll talk about the Retrieval Good To what page was it again? To page 40. You said John For the event, a part of me for the retreat. Summary is on page 40, of the Reading Package Good time trying to scroll down to I want to thank everybody who participated in and we're sorry it couldn't be with us.
[38:04] Kate, you were there in name and spirit, so try to figure out a way, to do it. Hi Brad, around Did you? Did you want to add anything to the comments Since you didn't get a chance to participate Okay. Alright, we had a we had a good discussion about making procedures, or the procedures for making motions. Did anybody have any concerns about what'ssoever.
[39:06] I think we're had some good discussion about that This is really helpful clarification for me, thanks to whoever put it together. Assume, Maybe Laurel, or Kathy, Kristen, thanks Did anybody have any comments about I mean grounds are kind of the basic ground rules? We've always tried to live by I added my notes to the the Jamboard, and I'm I'm going through the Retreat Summary and I Don't have any questions about what was discussed, or What's in there so More just if There's more you know that you all are gonna discuss I'll be interested in Hearing that Kate. Yeah, I just realized, I did have a question about the conversation about pre-considered emotions.
[40:04] Evan, did you want to address that, or Yeah, I I brought it up. So I'll I'll I'll address it here. I, I, what, the the thrust of the conversation, surrounded, the idea that we tend to make motions on the fly, and in doing so the language of them can get a little muddled having the having the opportunity to present Motions and the Language specific for that emotion before we step into the Conversation, I think Presents. An opportunity for us to be a little more concise about what we're actually recommending some things are in the affirmative. Some things are in the opposition. It's it's hard for us. To. I think reasonably all understand exactly what every motion, that myself, or Brian, or any of you guys, are bringing up kind of you guys are bringing up kind of in the heat of the moment, so I, think Kind, of Presenting Presenting Language, for Motions is is a way to kind of continue contain the Conversation, because I I also, believe when we make motions. We also end up getting into the most passionate conversations of the of the Debate. So I think it's just a way to approach this, I don't think it's mandatory I, think looking at the notes Here We're, not talking about saying that it is a necessary thing to pre consider Motions but at least for myself I have 4 written that I would like to consider in January that I will be submitting to you guys after notes taken from tonight. I saw it in kind of the Notes, and and just wanted to understand what what the process, or what that that outside of like the Regular process Promotions in the Meeting, what the Conversation was about there, and what what but i'll see Moving Forward, or what we'll see moving Forward. So I I think just if we approach this with with concise language for our motions, they can be more valuable to counsel, so that's where it came from Cool Thanks for explaining that In the Least Concise Way possible. I apologize
[41:42] So, just to clarify with laurel, because we've done it, in in distant, past. I believe a lot of at least at 1 point time you may have done one or 2 of them that people on the Board can make Policy suggestion forms So that way people have a heads up before they approach the meeting. Is that not?
[42:04] Is that true laurel and As far as I understand it. Yes, that's true I don't know how much we need a lesson in the past, but Am I right? And remembering that Alana Yeah, yeah, one, I wouldn't necessarily recommend it for people, on the board, We can raise topics, just just like this as well It's a little bit of a tricky thing, because one of the things that I said that was the most specific to our to my business. If we ever talked about it, you know I'd have to I wouldn't be part of the conversation. I think so Yeah. Under Conflict of Interest Roles So depending on how the item that you want to advocate, for you know, could impact your that you could benefit from it. It may not be you may something you just have to kinda not raise
[43:09] Yeah the Policies and session Form is a. It's a rather in-depth procedure. It's not necessarily. If We're making A Motion, That's one or 2 sentences. Long the Three-page Policy Suggestion form is a little owner of I'm just wondering laurel, how does it work on other boards or commissions, like say, for instance, and I'm just gonna Go out on a limb here let's say Evan Who's the Newest member of the Board decided that he thought we should Revoke a Certain Thing that we had In my opinion. voted in the past. you know, like the age of 25, to get into hospitality suits and sorry for a single any that possibility Out Evan.
[44:01] But it was entirely You and Punch and Tommy. Phil should Compete because you clearly having prognosticatory ability. You and I also had coffee one, day, so But I'll keep it all to one meeting won't be this one. So you're asking So it's some. Maybe I wonder if we could have a board member. I mean, because it gives it gives other people the luxury of being, able to think about it before they walk into this virtual meeting, and sit down at their computer. You know, one thing, that I've seen other boards do is that there is a section on our agenda on matters from the chair and members of the Board so It's not particularly related Hospitality, it Sounds. Like we're talking about hospitality tonight. So that's you know we're already gonna be talking about that maybe bring it up during that particular conversation but there is a section in the agenda to Talk about specific, Issues. If you want to, and if you wanted other people to be aware of it in advance, there may be a way to and maybe this is a good discussion, I with Kathy which is back but there may be a way to put that onto the agenda so people can see all of you guys can see what we're gonna be
[45:06] talking about right. Now, we just have articles included in the Reading packet. But you could add other things. If somebody wants to talk about something specific So it'd be up to the Board Member specifically any one of us, but we could, like write a paragraph with the reasoning? As to. Why we want to visit an issue, any issue, so that everybody has a heads. Up something like that. How's that? Yeah, and I don't know some other boards have made it. Where you have to vote to approve it to be on the agenda, you know, to so that leave don't get too long I don't know how that would work here necessarily but i've seen the other Board do that where they put it under Mac which is. Number item number 8 on the Agenda And city council? Does that, too? Okay. Any other further discussion about working agreements and our ground rules
[46:02] And if not, then I was suggesting you move on to the Policy Suggestion for Question. Before we lose I would just add just something to think about Tom Potentially, just going off of what Laurel's Saying Oftentimes I've kind of withheld my items, because the Meetings, Go so long in our Agenda, item like a Single item Might Take Up 2 and a Half Hours and then we get to the end of the agenda, and you feel, everyone needs to go and it's so late, so perhaps we could move it up one or 2 items in the agenda, to just encourage. People to stick with you, know their their plan, and and bring forth their items. Because I it is an important item on our agenda, the the matters which we all have to discuss with one another, and I don't. Think they use this currently optimized with just using it to site.
[47:03] The articles that are put in the packet. So anyway, cause just for consideration, thanks Okay. Oh, we can Laurel, might not be there, when we when Brian and I and Kristen and John when we Discussed, the Agenda Order next time we can remember your request I'll even note for Kathy Okay, unless I hear any other reason to continue that discussion. I'd like to go on to the calls, the Suggestion Form, while we still have Michael present I have. A I'm certainly taking a note absolutely Tom, did you wanna do. We need to vote on, I mean, obviously not me, but on the summary, that that already happened. But I Miss it
[48:03] Summ summary of the Retreat Yeah I think we did that Yeah, that was during it and item number one. It was so fast. You you missed it. Okay, How do you want to do this Okay. Got it got it okay. I'm talking about the policy suggestion. Form. Go ahead, Kate I have a question based on what was discussed earlier and based on the Suggestion form itself. The proposed language, that Jeff put in his Not the email to city council, as well, as the policy suggestion, form citing to the 6, 14, 7, and 6, 16, 7. Like, basically kind of citing us to like, follow the limitations of 9, 10 to are those things that are proposed is that something that we could recommend and could do or is that is that something that would still need to go through land use conversations. I mean, obviously we can recommend that we want it to change.
[49:00] And we want canvas businesses to be able to have this allowance. Yeah, I would have to go through recommendations, since Title 9 is Outside of clubs, like authority underneath our or ordinance codes. But is this sufficient in in your mind laurel or would we have to go through just, the recommendation and then the other process You'd have to go through either city, council, or some some other avenue, and recommend those changes City Council, even though they haven't discussed it in a city conflict meeting I think, they have been made aware of Mr. Guard's proposals before. So they are aware of that. But again, it's it's a little bit outside of cloud, so it would be more of a recommendation. If you guys choose to do that Okay. And then, if that was the case, if title line did take it up. And they did decide to make those changes, they would be changing potentially the the 6, 14, and 1616 codes within that
[50:10] Got it. What in which case, I imagine they would come back and talk and talk to you guys, about what that would look like, yes, if you guys decided to go down that path. Robin. Thank you, You know I've thought about this proposal from Mr. Guard a lot. And looked at things and I have to really, I have to admit this seems really unfair, like in a it's an unfair setup. And but I also am sensitive to the city, wanting to have a lot of insurance. If there's a bad operator, or a bad situation, but tying it to the location just seems very unfair, in a lot of ways. So I would support some of the things he's recommended for the wording Change to the statute. Maybe we pass that along with a favorable recommendation. But there was something that Miss Parker said in her comments that I thought were really intriguing, and she said if you could potentially evaluate things on a case-by-case basis and maybe that's, a Middle ground and maybe
[51:11] That's a role that our board could play. I don't know again, this comes back to zoning what? Not a zoning board. yeah, I see you shaking your head. Laurel, so yeah, it's Kind of complicated, but as somebody who you know, wants to see Marijuana business growth have some pretty strict limits within us this particular thing does seem unfair, especially if alcohol, businesses and all other License businesses, can't get this Nonconforming Use Protection tied to the location. So for what? It's worth. Did you want to comment Laura Yeah, I was just not an agreement, that it is more of a it's a planning overall planning non-conforming use, is their decision. So again it's a City Council change or planning Climate change, not department planning, more change.
[52:04] But it doesn't. Mean you can't recommend something. If that's what you want to do, of course city Council again has heard some of this before. So it's it's up to you guys. If you wanna, bring it up I'll say that Evan, and are robbing your hand is still up. But I was just gonna remind everybody that everything we do here is recommendations. So if we recommend that they consider something, they never got a chance. To consider in 28. I don't think we're doing any harm How would oh wellana? Got a clarifying question for laurel, the it's kinda like Kate's question. But though suggested wording change is in the Marijuana section of the Code. So are you saying that it's ineffective, without a change somewhere else also in the code, like in the Zoning Table.
[53:02] Yeah, you'd still have to address the nonconforming use part of it, And so because it touches multiple different parts of the code that's. Why, it's a City Council Change and and of course any changes to the Marijuana code have to be recommended up to City Council anyway. So Yeah, It's did I answer your question. Sorry, okay Yeah, thank you, and with that in mind, I'm definitely Supportive of getting this to Council. And it seems like a thing like a can kicked around and everybody whether it's Counselor Planning saying, you know it's not my job. I'm happy to say that you know in as much as we can do. We should make this recommendation and stop. You know, trying to kick a can down the road. License also considered a privilege. Okay, thank you. Michael Yeah, to to Alana's point of kicking the can down the Road, Laura, my question to you is gonna be I are we just spinning our wheels making a recommendation to Counsel on on this issue. Or is this something.
[54:00] But to inspire some kind of collaboration towards the solution That Jeff should be petitioning the planning Board to make these Changes like it seems to me like the Hands are popular Yeah, and I don't. I know there's. Some history. Oh, sorry I know there's some history there. I think, he maybe already did get to the planning border propose it to Council and Council. Just didn't discuss it in an open meeting. I'm not sure exactly what I've been there, there is some history, in your packets from last month. I believe that just kind of talks about some of the the Planning Board Background, So I think Jeff has approach both of those entities before sorry that I don't know the full depth of of what Exactly that situation was, but it sounds like yes, that would be planning where it is an Option. But it sounds like maybe we're gonna try that option. So this was, then the next option. No go ahead. Laurel, do you do you think that you or Kathy, could go to city, council, and ask them like is this appropriate for us to be making a recommendation on this issue, and in at least then they could if they say no jeff should be going to planning more than at least Jeff
[55:00] knows who he should be petitioning as opposed to petitioning us of Council's not going to listen to whatever recommendation, we make on this issue Yeah, I don't know if that's a normal process, that we would go like, ask council in advance of if It's something that we should recommend since the Board, I Advise Doesn't do the same recommendation, process so what I could do is ask Kathy if she would be willing to do that when she gets back and see what she says. Yeah, or or it would just be nice for us to have some some, clearer direction, on how do we address this, I mean, is this, something that we should be taking up? Or is this something that you should not be taking out Yeah, well, and again, it's it's the title. 9. Stuff is outside of you know your purviews with that part, and you know it doesn't.
[56:00] It's not something underneath your authority, but asking Council to do something is within your purview. So it's kind of up to you, whether you want to use that or not, since council chose not to address this in an up in a public meeting, maybe that is kind of a decision though they had like information and memos on the background of it so they knew about what's going on so It's more of a political question, I think, than a legal one. If that's helpful or not Hey, you had your hand I know not really You good. But I can't ask if you want me to. I can ask Kathy to see if council, would be willing to talk about it, or or ask counsel that I I just think it would be nice for us to know, and for the public to know. Because I mean Jeff's been talking to Us about this issue for a long time. Yeah And I still feel like at least from my perspective. I don't have a clear understanding. Like? Are we I don't wanna say wasting our time, but is it something that council is even going to consider?
[57:16] Yeah, and it sounds like, so, I got some some, information. It. Sounds like, this, is so. It sounds like Kathy doesn't go and ask Council. It sounds like, you either recommended or you don't. Are we gonna send up a recommendation, and Council is gonna say, well, this isn't within Clouds per view Jeff needs to go to planning border needs to go to some other board. So it'd be nice. If we had some direction from Council as to how because there's something that we should be taking up So you can either ask counselor, or not and then council can either say yes or no, or go a different direction. Yeah. Alright, okay. So Sorry, about the Delayed Clarity. But that's kind of To look. It's a little. It's a little clear that it's unclear Yeah, so it's either you decide. If you want to recommend a change, or not and then recommended to council, and council, can decide what they want to do Okay. Thank you Kate. Yeah, I was just gonna say that I think that I mean, I think a lot of times, we wanna, know a little bit more of what council. Wants from us, right in terms, of what they want us to recommend, or not. I think from my perspective, from map, and from this like, I I think that if it touches cannabis businesses, or the community because of Cannabis, I think that we should discuss it, and then I think if we were to ask or Recommend that this be taken up by city, Council, we could also just say if Not Us. If not planning board, like then who right like we could have a recommendation that says that like who should be discussing this and if it's City council, then great but the recommendation, could be you know something of that sort but when I think about whether we can talk about it or discuss it it is if it's
[58:42] And maps did maps did bring this up to council it was in some of their memos to council in 2018, just so you know. But then they chose not to Stacey I see value in just passing on the recommendation, even if it isn't directly in our purview, like it does at least touch on the work, we do so if all or most of us.
[59:10] Feel that this is something that should be considered it probably makes sense. Just to pass that information to Council. Even if we're not the Ones necessarily where it actually would be our recommendation, if if we all are saying Hey, this kind of seems Unfair, or you know maybe you should be Reconsidered I Don't See the Harm and saying that and Passing that information, to Council. Evan I would definitely agree there's any harm in passing it on. But I kind of have a technical question. That was something that came up during the planning for the retreat. But we never got to discuss it in the case really kind of getting trying to get to the get get a little, further down the path of where this board compares to the Beverage Licensing Authority now I know that the Beverage Licensing it's a
[60:09] Quasi-judicial board, and I know that that subject was brought up, about whether or not we were interested in having Clab move forward as a quasi-judicial Board. Would it be possible? Or for you to speak a little to what that process would look like, and is that something that we would choose to do? Is that something that council would choose to do and in that case I would assume, if we did become a quasi-judicial board I guess, gonna for others of that question, would this question fall into our purview Yeah, those. Really, great questions. So in order to become a quasi-judicial and and the Licensing Authority Board has always been quantitative, because they oversee what we Call show causes so different, Kinds of things, like Christian and jump in if if you want to but in order, to do That we would have to have a council ordinance change in order to make you quasi-judicial. This still is in title, 9 which is under the Land Use, Planning side of things.
[61:00] So I'm not sure I still think that it would not fall under your purview without some sort of ordinance change Kristen. Did you have more dad Yeah, thanks laurel so the charter for cloud actually does include quasi-judicial within 2 years of the Corporation, so Council's already Given Cloud the ability to Transition to Quasi-judicial through that Charter and It's up to you All is Bored. When you're ready to take that on What we were hearing in the past, was that you wanted to get through hospitality first before taking on the additional quasi-judicial Role, but that's not that in Stone and you all can re revisit that whenever You're ready Since, that has already been Included in the Charter and at at some point when you do start moving in that direction, we'll need to have some conversations about the scope of the quasi judicial role.
[62:00] That you want to have what types of applications you want to have hearings on and all of that. And we can talk a little bit about How the Liquor board currently does it? And see if you want to follow that example or or do something different Yeah, that was my understanding. What is the timeline? What is that 2 year window look like, do we have a date certain that that decision needs to be made by So so that has come and gone we're already past 2 years in corporation. So that to your mark has already passed But we could be asked council to do a small ordinance change If we need to, and again this whole title 9 thing that Mr. Guard brought up is still outside whether you're quasi Thank you.
[63:00] Michael Tom, I'm gonna shut off my video, but I'll I'll still be on audio for probably at least another 45. Minutes. But when I cut out, I'll I'll let you know when I walk on So just a quick question before you, leave if we have a vote of some kind in the next 5 to 10 min, can you reappear or will you reappear Yeah, yep, I'll I'll be listening. I just I've got it. Gotta take care of some Erin stuff around the kitchen, but I'm I'm sitting here with my computer, on and Audio, on. So i'm listening. Okay, Kate. Touching cannabis businesses, because this is the this is the forum, for that, for the community, at least the starting point Yeah, I was you know, I was just gonna throw something out there, that if we did make a recommendation for something like this, we would potentially, have more clarity on what city council thinks is okay, with us, recommending or not because it's possible that we give the recommendation. And then they say, you know this is you know, thanks, but we don't really want this So maybe if we do that we could get more clarification just by doing it. I think sometimes we end up talking about whether we should do something, and maybe there's already agreement, or some kind of like testing of the Waters of where everybody feels like it should, be and whether it's, fair or not to have this kind of thing but it may be just be faster for us to make
[64:27] So Evan, and one of your 4 things that you've been playing together to are playing to put motions together. Is this one of them, or is just go. Some, those are 4 different things Unmute. Unfortunately, no, this this is not one of them. This is something I do feel very passionately about I. I, this, this very nearly affected me very significantly. So I can say that this is a this is something that can ruin businesses over a clerical mistake.
[65:00] And it's just we've got more than one example in this city, and it's something that should be fixed. We don't, we would never allow any other reasonably reputable business. To suffer the fate of a clerical mistake, or a mailing issue that then results in the the loss of a multimillion dollar business, and it's happened many times, in the city, so it shouldn't be allowed to happen and we should make a Recommendation to give Businesses the benefit of the doubt. When it comes to clerical errors that lead to removal of licensing, and I think the case by case situation, and Robin I really do appreciate you coming coming to the side of the Industry on this one because I I think that it is unfair and It's, Unnecessarily. unfair, and it was complicated in the past, but we've gotten past, the lack of clarity, for this industry, this leaves the waters very Murky, for something that is not Murky, but for any other Business, so we should make the recommendation that we support Mr. Guards. Recommendation to allow non-conforming Uses to be reconsidered as opposed to making it a objective license removal, and it's really it's not a license, removal, and we'd be very clear about what happens it requires a brand new
[66:15] Application, so they basically say, the city says that if you if you miss one of these dates, or if you miss something, or there is an issue with your license and elapse, occurs, you start from 0 and the city basically goes into the position that you never existed and you have to start brand new and That's, just not an appropriate way to regulate this. There's. There's methods. We have for other industries, and we should apply them here Lana, you had your hand up and just took it down Yeah, I mean, I have a motion. But I kinda wanna make it better. Well, so just for clarity on page 9, it's like the Paragraph, after the Q. A.
[67:04] Jeff proposes a change. To the Boulder revised code That's how it is a matter of fairness to all city businesses. We propose a change to the Portable Device Code. laurel is that spelled out enough to Use, as a motion. Yeah. What page are you looking at? Sorry? I'm looking at the Hey! Page 9 of the Reading Packet. It's just it's the Paragraph, right, after the Q. A. Sorry, Mike, computer is just now, loading this page, okay.
[68:02] Okay, so it could be a good, a good section because he's focusing specifically on section 6, let's see Okay, so my hesitation sorry. I'm taking a minute here. So under the authority of the Cannabis Licensing and Advisory Board in our Boulder device. Code. So the Advisory Board shall not involve itself in any review under land, use regulations, title 9. Hmm. Unless it's opinion is requested by the city, Council, or the Planning Board so I think we have to be careful with any changes to Title 9 because of that restriction but here, it shows that There's some proposed Changes. To to Subsection 6, 6, 16, 7, I was gonna bring this up. Earlier, but that's the specific thing that is different. Here, because section 6, which is 600, and 14, is the marijuana code.
[69:02] It makes reference to the land use code, which is title 9 Jeff and I have discussed this in the past. This is this is because there's a cross-reference. There, we're not suggesting you change, the Land Use code, We're suggesting that we, change, the the 6, 14. Yeah, and so, yeah, to make it clear. So it's who where does the land use code apply? According to 6 14 of the Brc. So it I think we could make a recommendation, and I don't think that it would be conflicting with our Charter So Alana, maybe you're working on the same thing. But one way to do this would be just to recommend the City Council to take Mister guards, proposal as written. Alright. And to consider, okay. Under consideration. They're gonna consider it and they're gonna change the language one way, or the other. Yeah We can probably just make the recommendation that to consider Mr. Guards, language for modifications to 614, and 6, 16 So I'm just gonna keep working on it.
[70:01] Yeah, that's what I That's, where I was going I would just go a little further, and add and engage other boards, and commissions as Required to Effectuate the Change in other Sections Outside of Clouds, per View to say that our Recommendation, is not Only to Consider Guards, Recommendation for the Marijuana Ordinance 6. 14, 7, and 16 7, but also to engage planning if required to update their section, so if you want me to Oh, just be careful with that because again, that restriction about title 9, Notified. Just be careful about how you, word it Then can we request that it be brought to planning to comply her team aligned with recommendations for the Canvas Regulatory, or the the Cannabis section, essentially we we certainly Aren't, we we have no Purview we have no Authority to Change Title 9, but we can certainly
[71:08] Request a review by land use to make sure that we have consistency between the 2 sections Yeah, there's nothing. Saying you can't do that. So I think it's up to you guys I can say that the that those Inconsistencies have created most of the issues with land use and Marijuana License in the past 10 years. So if we can Just Get those 2 behind it's gonna Eliminate a lot, of issue, down one And Like Member Thompson talked about maybe this is an opportunity to get more clarity from the Council on what exactly you're allowed to reference. That's, you know, not specifically prohibited in the in your charter. Hello, Robin! With the City Staff, the Drafting Staff, Or Whoever helps get language, together, be willing to look at the suggested Boarding change in the Policy Suggestion form and Interpret a little Bit and Come back to Clap with language that you know is Solid and you know that they feel like we
[72:11] Could send to City Council as well, as this idea of getting the boards involved where where it makes the most sense And then we could forward that city, council, cause. I'm just not super confident. You know, sending something to that hasn't been vetted by Staff writer I'm in terms in in terms of the motion that that that you that your own our discussions, I did write some verbiage down based on what our discussion and I'm happy to share the Screen that that you're able to See, and See if you're in agreement with for a proposed motion. And then you can certainly move forward. If that's if that's something that you're looking for Robyn right now Let's take a look, John Sure.
[73:06] By the way, in case anyone hasn't noticed. John is still with us. And I told John the other day that I greatly appreciate that you know we we miss him when he's not here, so I see I appreciate that very much. I will be here of course for this meet the rest of this Meeting just getting, and leaving in 1 min. No, that's not happening, I'll finish this meeting and then I'll also be here for the January, night the meeting as well, but I have shared my screen, and I'm happy to to read it aloud what I what I have is a motion to You and you're Oh, oh, sure! Sure you got it That's good Okay, Sure. So this is a motion. To propose a recommendation to city Council to change the Boulder revised code. And I put the 2 parts of the code that we've been referring to to provide marijuana businesses to use grandfathering Protections, like those provided to All other Use Types including Annexed Marijuana, Businesses, also to Request a Review by the lead Use Board
[74:12] Regarding this change Alright! Keep up up on the screen! Either. Is there anyone on the Board. Not has concerns about the way that is written. And I almost wanna check in with Jeff to see is that cover. Basis he's concerned about Okay. Although the Verbiage is directly from his Policy suggestion form like where it says, to provide marijuana businesses, I essentially copied and Paste. It in and just rewarded the sentence, to make it sound, like a motion A motion, take, a vote, and move on Okay, Kate. I was just gonna say that you know to change the the it, says the Boulder revised code, those sections don't exist. These are, what would be added as new, subsection. So I just wanted to clarify that that's
[75:10] I see. Modify, sure, modify the Boulder Device Code. You're amending it. If you're going to be specific Also, John, just as like a minor thing, I don't. I think it's the planning more, not the Land Use Board. That's just what the city calls in And spell the men. Wrong. But that's okay. Oh, thank you. If I was working on that. And then since those are proposed the code changes just for verbiage, we can just include that Okay, Michael, I see your name I would like you to keep those section you get rid of the final section. But please make reference t061-47-6167,
[76:07] Got it. Yeah, so, f, 5 can go away. And E, 9, can go away. These aren't things that he's stayed sitting to change the language of he would be adding a subsection to that section Those sections still should remain. Nice Michael Yeah, Tom, so, my read of this, and John I appreciate you you're putting this together. My read of this is that clab is proposing the change which I think is a presumption. I can support this language. If it says a recommendation to City Council to consider amending, but the way that it's currently worded it's as if we're proposing the Change I'm Comfortable with saying Council to Consider Amending Revised Code I think that clarifies what our actual purview is. We can't tell them to do anything, but we can certainly ask them to consider
[77:01] Do you Michael? How would you feel about appending? Jeff's letter and No, all, the the information that we were given appending, that and maybe even referring to it I don't think it's appropriate to refer to it. But I have no problem of attaching that to this recommendation Okay. Well. I, I hey, hey, guys, sorry, I the last sentence. I think, still goes against the section under the cloud like what's a lot under cloud. Can, we So the Advisor board shall not involve itself in any review onto the land use regulations, unless it's a opinion is requested by City Council or Planning Board I think the way it's phrase it, still says You're trying to Direct planning born and I Don't think that That's allowed under current language
[78:02] Well, that's still is directing. The planning board that's still. Would it be possible to say also to request the review, by any appropriate city authority, any appropriate regulatory. Your intent. But I think if you were if Council were to make these changes or allow these changes to be made, then they would have to plan more. Look at it. So I don't know that it's a Necessary Sentence I think if we append Deaf's information, it will speak for itself. And then we don't need the second Yeah, and in his language refers to title 9, 2, right? So How does everybody feel about that They can certainly read it again. If people are having trouble looking at it Oh, is the term Evan Pre, pre-contemplated or pre
[79:04] We discussed amendments or pre pre discussed motions. Yes. I think this is what I was referring to I, I I have to say that I I much more strongly support this with the language suggesting hey, consideration of Land Use. We are we're not telling them what to change. But I think that if this falls on deaf ears knowing full well, that this is a consideration that needs to be made because we had one section of our code. That's referencing completely Isolated section, I mean, everything in this code, everything in 6, 6, and 6, 14, references, other sections of the city Code, I'm Not I'm not saying that we should Change, our Land Use Code, and I, Believe, the Intent, of our Charter not Covering, Land Use is related to the location of businesses. But it's not related to the licensing of Businesses. We are being told, to discuss and contemplate and make recommendations related to licensing of Businesses, not land, use, not not where they're allowed to be, but who They're allowed to be and That's What We're Making a Recommendation for here if the Land Use Code is
[80:11] Preventing and otherwise capable business from operating in a location where they have always opted the this should be a recommendation, we have no problem with we can recommend we're not telling them to change it but we can certainly say hey, Council please look at this and if this is logical then there may be other Places in the code. You have to modify Laurel. Yeah, I would just go back again to the language underneath the Cloud, it says, the advisory board shall not solve involve itself in any. Review on the Land Use code. So again, it's like in any sort of situation with the Planning Board that's why I recommended deleting that sentence Alana Yeah, I hear, what and everyone's saying, and I think that we can but it's very, very clear. That it's a motion to propose a recommendation which is in our purview. And if we need to make reference of other actions, activities that needs to be done in context of this, I think that's only going to be helpful, there's obviously been a great deal of confusion around who needs to begin this process so I think us kick-starting it and then also Pointing to the next. You know the other areas that need to be explored as is a great makes for our great motion. So I thought the language is good
[81:47] Without, the Additional. I think it's much better with it. Because it addresses the reality which is that this is incomplete. Without. Further work being done, and in and specifically, I guess this. Oh, I think the reason Why I'm particularly on this wanting to include it is because in the past, This might have gone account council, but never went past council. It didn't go beyond council to the next step.
[82:37] Kate. I'll come back to you in a second, but I do want to point out that I want to move up I'm not now can't talk move on. If we can, and I will. Call attention to the fact that Jeff's letter, has already gone to the City Council, and and but the fact that we are if we attach it as an appendix to whatever We vote on it will have I think It'll have Adequate, Weight but there's.
[83:10] Also Kate, I'll let you go. But there's 4 people. We haven't heard from go ahead, Kate I'll I'll wait until other people have a chance to speak. If they want to about it. So we're gonna call you wanna call them all Kate, or you want me to call No, I was. I was just wondering whether it's the term review that we're really like the the fact that the planning Board needs to review it. If we request for consideration or to be brought up, or to be, you know, sent on or you know, like is it the term review that that is is part of the problem or laurel do you mean is there anything that we can do, to point to the next step that doesn't infringe on what you see as a Yeah, I think, just because you're getting close to the title mine, like discussion, and trying to direct not you're not trying to direct plan. We're We're Recommending Planning Board review over things.
[84:00] I think it just lies against what what your authority is. So like at the chair. I said, like attaching the letter. It'll show you, and including this language, does point to landies, and we'll go to the planning board, if they decide to move it forward, but I think I would just be careful around that because I don't want you guys to get in trouble or to to go directly against what you're. Provision allows your Charging, provision allow Conflict was gonna be my Michael Yeah What can I just ask the follow-up question, what what would be the the follow up? If we did recommend something that was outside of our purview. Would they just shut it down Yeah. Well, my recommendation is to you know, as as the lawyer should follow what the Law says of course, the Ordinances say, but yes, I think it would be you know either to shut Down or to say, like hey you guys and then point to the ordinance that might be they would like send it back Yeah Down I would imagine I don't know. That this has happened before Alright, cool.
[85:05] Your hand is up, Michael, I'm not I. Oh, no. Yeah Are? Are you calling on me? Tone? I got a role. So are we gonna vote on this language, or should I am I free to go If somebody calls for a vote and seconded, then we will vote So can I laurel, can I preempt this by saying, that I support this language, if it when clap gets to the point of voting on this issue. You have to be president or whatever make a motion Okay. But you can make a motion. Alright. I'll I'll move to to vote on the language that is written in John's screen share I will move to a second, that Okay, motion and, second, any further, discussion.
[86:04] Alright, John, do you want to take a vote. Certainly just to read it for the record some of the motion proposed by a Member Christie, is a motion to propose a recommendation to city council, to consider amending the Boulder of ice code Brc and Brc 6 1,667 to Provide Marijuana Businesses, Use Grandfathering Protections, like those provided to all other Use, Types including Annexed Marijuana Businesses, and then remember Anderson, Seconded This Motion and then for a Roll call Vote Member Anderson. Yeah Remember Christie. Member Green Member Keegan. Member Kinsman Support
[87:00] And so if we submit this recommendation, as a Threaten, We're actually repeating something and done, if we point to what needs to be done. Next we stand about our chance of actually getting this Getting the the full Summer Action intended through this Motion completed Member, Malone Support And Member Noble I support the motion. Thank you very much. motion passes 7 to 0 Goodness, guys, look at us. We shall we should have more retreats. You know it's all about the retreat. You know, this we pulled together quite a team on that retreat day Awesome. Oh, you're clapping. Oh, okay, thank you. I support the motion. Alright, I think we're ready. it's alright, thank you, Michael. Oh, my gotta go! Alright thanks, you guys. So we can either take a break now or we can start in on Issue, number 5 hospitality. I'm thinking it's a logical place to take a 10 min break How's that sound? I see at least 2 thumbs up 3 that's a 4. Okay.
[88:00] That's that's pretty almost 5 almost. You know a double phones, okay, that's like 7. Now, Dtu Double Thumbs Up, Alright Well Let's Rejourn, At or 42
[89:05] Okay, I, think, we have quorum So. Back to something we have discussed before Alana did you figure out Where are we talking about the same things, Alan, I bounce messages back and forth. Oh, Probably. Yeah, the document that came through Yeah I mean, there are some places one could choose not to have 2 sides of I don't remember, if any of the Votes were unanimous, there may be no
[90:03] Position in opposition There were some. So we're unanimous, yeah. I like this in the fact that this article came through about the same time, the one about the 10 year anniversary I talked about the 4, 4, things, 4 Legalization and for Things, against That writer, was genius. Alright, so how would you like to continue good, had on our last discussion. People, had concerns just to whether we should start a new use. The existing document
[91:03] I have a question about that, because I thought that Alison coming out of our treat. Maybe I misunderstood this was gonna create a new document that we were gonna be able to write to, did I miss hear that Hi so, too. And I got an email actually, just earlier from Alison. So maybe maybe I don't know if that's it. I haven't had a chance to open it, but it was a clab hospitality. Motions. So I'm not sure if that's it, Alison, maybe you can tell us Yes, that was it, and sorry for the delay, since I've seen you, all my son, was back in the hospital. So it's been a wild couple of weeks he's home now, so things are good. So, yeah, I think so after the retreat put into this Google, doc. So Kristen insured with me the document that folks were initially editing, and that's what the top of this is with the chart and then there's a lot of words in the middle that has like the Expense of every Vote, and discussion and then at the very End are the Bullets from
[92:20] The summary, that started the the document that was made before, with the like Support and Oppose. It's just those same things And so I'm not my thought was that you didn't want the middle part. You just wanted the top in the bottom, but I didn't want to delete that middle part, because that's what was in that document that that city staff had initially created So everybody probably hasn't had a chance to look at this John does this John and or Kristin.
[93:00] Have access. It's 9 Pages. I have not seen this document, and I have not seen it. Come through my email. Was Kristen Included or I can't open the document, because it's a I think it's a Google Doc right. Alison is that the one that you tried sharing with me. Yes, it is So ours, my city, email, doesn't have a Google account link to it. So I'm not able to open the document and view it And we. Could. We have Alison share it so that everybody could see it, just for the For the public, too. Yeah. Yes. So at this point in time. It wasn't it it wasn't the read only for the public, either Is that correct. Correct so is my understanding. Walking out of the Retreat was that I was gonna make it.
[94:01] And then share individually with folks who are on the board, and sure it was city staff, even though they can't read it, but it's shared with them Oh, you're not emailing to everybody, and having a group discussion about it. It was individual to each person. Or through Google, individual emails If we put it on the jam board, the public can do that correct Laurel. Yeah, I believe so I don't know the background of the Jam board other than I know. We've had discussions about it. But you know there's public access to the jamboree, Kristin may know a little bit more about the technicals behind that it, sounds like what alpha is doing with sending it to Individuals. To take a look at before bring it to the public. But again, we have to be really careful about open Meetings loss
[95:01] Right. That's what I'm trying to be I'm believe I said it so that the link can be shit can be seen by everyone. But only edited by the folks that I sent it to With it. That's perfect. So then you could put that link on like the jamboard, or something. Yeah, so, maybe John, or if you could check that, maybe cause. I know that to you to see, if that if it worked because if you can edit it, then that means I did it wrong Kristen, I just sent it to you, not And did, you and I'm sorry chair and Allison. You sent it to my e-loss J appholder call Colorado is that correct? I I did Gotcha okay. And again, we need it to be open to the public. Right, if you're gonna be editing it because then it creates a meeting.
[96:00] So if we could have some sort of link or something. So the public can see it What we've done in the past is took the link it included it in the packet, so members of the public could follow along with this conversation, so that might be something that we want to do for the next meeting instead, just to be fully transparent in the process Certainly and for for me, like like, up kristen mentioned, as I do not have a Google account with the city. I can't open the document Yeah and the reason that there's not Google, accounts. You're probably wondering why we can't access Google, our city accounts is that there's a security, issue with Google and our city, accounts. So for broke, I didn't do it to Laurel, yet for both John and Chris and I just cut and paste to your email So it doesn't let us have like the Google connection. Just so you guys know.
[97:09] It was not in my Google document at that point I'm sorry what are you cutting and pasting Alison's Work Oh, like into another document. Just an email, to John something separately so they could put it into the jam board. Right. You, you guys can andrew into the gym. Where can you I think the issue is once people start editing it, and other folks need to go to seat, not just what's there, right now. That's why, it's in the jam board, then everyone, all of us can edit it. And public can see it. Am I correct there John Orl Kristen
[98:03] So I think so, but they can't they can't look at it. To Check, But I'm sure that's what I thought the Gym Board was created I'm not familiar with that functionality of the Jamboard. The way We've used it in the past was to use to vote on things, and to kind of use the sticky Function. I haven't used it before for like editing a document. What we did last time, was we edited it and sharepoint and then we made that sharepoint document visible to the public and included the link, to the document in our packet, so anyone that wanted to view it could open the packet, view the link and and get into the document that way Oh! And that provides notice to the public. So that's like the safest way under open meetings law to have it in the back end some sort of link
[99:01] Well, then you could cut and paste it into sharepoint If I'm hearing you correctly. Yes, and I believe regardless of your email address, with sharepoint. You would have the ability to make edits to like anyone. Can view it, read only, but certain people can make it into a have the ability to edit and as We're Discussing. I could do that right now and then send me emails, individually to to all of you, so that you would have access is that something that I would be able to do right now laurel, or is that so I think I have to wait until after the meeting I think as long as the public has access to what you're talking about. Certainly Sure. It's okay, So however, you figure out how to do that. for the Safest way of course is to get in the packet for next time, too.
[100:00] Hmm. Absolutely absolutely but based on perfect previous Discussions you were talking about using time to make edits in real time, using meeting time, is that Correct for by assumption chair That was one of the things we discussed. Yeah. Certainly. So give me a a few moments, and I will get this sorted. I should have this hopefully no more than 5 to 10 min. I can work on that quickly. And then, while he's working on that Kristin, maybe. So you, the Sharepoint, we would just all need, the link So I think that I thought that the reason why you wanted to Google doc was because the Sharepoint on drive situation was not working for people. Yeah, it wasn't working for me. Okay. It did not work for me either. You look like you want to say something Well, You know, sharepoint does provide issues for outside, people. I don't know if it's the best avenue to use in a in an open forum, like this some of you, may not be able to access it
[101:15] Some of the public may not be able to access it, and as Laurel stated I I will defer to her of course the safest that would be to get this back into the packet, and then have your discussion at that time unless They're unless everybody knows of a better medium to Use. That is interactive and safe. I I'm not aware of like Presentation. Hey! Great Line. I mean in the interim. Could you just have someone share their screen to show the document, and then have it in the next meeting packet, and we just discussed Cause We're Just Discussing the format, right now obviously we wouldn't necessarily be able to Edit it but we could discuss it or take our
[102:06] I believe that's what John's doing. Own individual, okay. Yes, yeah, I was initially going to put it into sharepoint. That's what I'm doing. But based on this discussion, we I can just share my screen. Okay. And we can have the information right now Sure gotcha Can you make the text a little bit bigger? Is that possible? Let me try Might have to highlight all of the text Let me see if let me transfer this to a word document. Gotcha.
[103:03] The bullets at the end. Okay. So the first part sorry all the first, part came from the word document that was rate from what Kristin sent me. It's the only so if that is easier to start with that and then and because the piece, that that I added was just the bullets at the end not But I think Kate's right about just figure out the format that you all want Okay, so, oh, as I have this section on display. Would you like me to scroll down to the bullet points? Or would you like to view this section up here Well, let's just go slowly and make sure that there's no errors Certainly Yeah, it looks like there might be one error. They're rather noted Robin. Sorry I just was looking on. I'm on the sorry. This is kind of hard. So the it's on the Google Doc The 5 to 22 Note to Exempt License Social Consumption Businesses from the Clean Indoor Air Act, I don't think that's correct I mean I didn't, vote, yes, on that
[104:18] Something's off there, because I'm going to open up the minutes and see Got it. Oh, okay, I didn't catch that part. I I just thought you were just doing the sharepoint I do see it here. It says that that is the language only. If ventilation, systems, ensure non-consuming customers, Workers, and first responders are safe from the health Impacts of Secondhand. Smoke. I think it just didn't have the full Yeah, and I think that context, is really important
[105:02] Thank you Kate. That can be a cut and paste? John Certainly so could you read that verbiage to me again Okay. Sorry I moved away from it, Let Me. Just okay, the Board Recommends the City of Boulder Exempt, License Social Consumption, Businesses from the Boulder, Clean Air Act Only, If Ventilation Systems, Ensure Non Conservative Customers, Workers and First, Responders are Safe from the Health Impacts of Second Hand Smoke No, hold on! It's catching up to Okay, only, if ventilation systems, ensure non consuming customers.
[106:00] Okay. Comma workers. Comma and First responders forgot to see you. Typing are safe from the Health Impacts Of second hand smoke. Thank you very much. And just for what it's worth. It. Act is the boulder, clean indoor, air act. One more time robbing Yes. See you in the second line where it says older clean air act. It's the boulder, clean indoor air act Thank you. Okay, so is it starting from here, August second, 2021, or are we considered scrolling down to the the specific bullet points that you're referring to Allison
[107:05] And the question is for the the group of what You wanted the The next part of the document to look like, if you want all the context, that's in all that text was that was in that initial Summary from Kristen, or if you want it to be more focused on the Motions, and then like we talked about at the Retreat, feel like different People. Sharing the reasons why they voted the way they voted I thought I recall discussion around there being like listing the Motions, the Outcome, and then all the remaining columns in the Table, being a Board Members place to attribute a Bullet or Sentence or Couple of Sentences, to that Vote
[108:19] That was my memory. As well. Okay, Dick, we I thought what we said was we were going to list, the motion the vote. Count who voted which way, and then people would have an opportunity to provide up to 200 words of context, and not each each person didn't have to provide 200 words. You could say, you know I agree with the above, but it would give everybody an opportunity. To make a conf that was what I understood
[109:01] This is slightly different from one cell, or one sentence. So each member would have a sell in a table to insert a bullet. But that's my memory But the above step go ahead. Yeah, actually, I think with a little on I think it was left a little unclear, because she said, a bullet. And some people might assume that's you know, 2 sentences Max, 3 sentences. But then I do. Recall use talking about 200 words. Is that ready for prime time, yet I've written my responses I've written no comment on several my response tends to be around a 100 words between like 50, but most commonly, around 100 Alana What do you mean? Sharing here?
[110:00] Alright. That was I might want a little more time to just proofread. Did it today. Okay. Someone Someone has some background noise. You see. Okay. So it sounds like folks either some of want to put their perspective up in that chart. And just add some cells to it, as for the exponential Yeah, so, we would, we would, just Or maybe put it down here, that sounds like folks are thinking about the cells at the top. So, adding more rows to those At the top.
[111:02] Were you all thinking it would just be one table, then and then all of the information that would be shared. Would, be, the one table. I would advocate for whatever has the Easiest readability I thought maybe there was mention of doing like a cover page where it's just like the the straight basics not with each of our you. Know comments, and then you know that way that's kind of like real, clear right on top. And then the next pages would include kind of the same, I just would Alana just describe. But then an area for our comments, so it kind of just gives like a cover sheet. I guess maybe I'm imagining that though it's very possible I just flipped the the bullets that we can see right now, and John Screen. If that was the top and then the chart was underneath, that that would accomplish that let's see so just then
[112:06] And people could add Rows underneath each one. I say, for their comments, maybe a pretty long chart, and maybe not the most readable. But it might be a good place to start Well, the way you haven't written as is. Now it's 2 pages that summarizes every motion In the section, in the middle, from staff Hmm for this one, the one that we're looking at now I just I just cut and paste the one you you put up For those guys, that thought that that was the I think the from what I I I'm Understanding. And listen. You you added the the kind of the notes, piece of it because it's context, right for each of the the discussions, but that might not be what we include in the final document is that is that correct
[113:02] Yes, that that came right from Kristin. And what was the original document, but it sounded like between that original document being created in the conversation. We had. Folks may not have wanted that, but I didn't want to delete. Yeah It cause. I wasn't sure if that's where people we're landing Got it. I felt I felt like the middle was was not what you wanted. But it was that it was too much for what you, all, wanted. And maybe what you want. Is this bullet summary first, and then the Further explanation underneath. It I think I fix that sorry about that. Yeah, I mean, thank you, allison for providing all that and moving. Kristin's information over. But I do think that what we've talked about is getting as concise, as possible, while making sure everybody feels that the full argument was represented in the document that goes forward. So I think the middle part of your document. We don't need I feel like the chart gives it good. You know, kind of cover page, kind, of thing stacy, and that might work to just give a summary of what the Motions and the Votes were, and then where You've got this Bulletin list people could provide Comments on that and again, not every Person has to write you know full Paragraph Or whatever they get, you can agree or make a comment on what somebody else is written. So. And just for what it's worth, I mean, if the line is written, per Comments. Brian has written, I believe most of his is that right? Brand Yeah, and I've done a version, which you you all seen. But maybe what we could do the next iteration of this is to put those things together, and then give the rest of the Board the ability to write more or to agree or disagree with those positions I wasn't sure if it was you or not, I thought it was kinda like due today. Actually. I. Just thought we kind of wanted to not have to sign off on each other's blurbs, and that's. Why we got where we did And was to just kind of be able to have our final last word, and attribute our name, to only our words, and then send it off
[115:37] That that is definitely what I recall as well, that we were each gonna have the opportunity. Under our name or next door name to write our comments, but it wouldn't be like altogether right, like it would just be separate by our names Yeah, I think we're, I think we're actually saying the same things I think the only nuance there is that you could.
[116:04] If you saw somebody else's comments, and you were completely in line with them. Your comic could simply be. I agree with member, kick. It, or you know, I see this differently, and this is my reason. Why so you would have the opportunity for everything to say your, input but you wouldn't necessarily have to to do that And I think like Alan, I was saying there were a couple she just wrote. No comment. I think that that's the same idea, like you could just say no further comment or whatever I don't know. If you guys can see it I think we're in agreement So, for now we have the summary One thing. Well, just have to make sure is that there's some public way for the public to view your comments, as you're adding them. So we'll have to work on that from the South side.
[117:02] Would you still like to have this on display or do? Or would you like me to stop sharing But if you don't have anything to say on something. Yeah Or how would you like to proceed I'm not sure there's any benefit I'm not. I don't know anybody find any benefit in having it on screenshot right now. I just have a quick follow. Question, from Laurel's comment. Yeah So do we have to make it public, while we're each adding it, or is there like, could we each. Email city staff with our comments. And then it'd be added, you know I'm just trying to You could definitely do it that way, like send it all to kristen, to have and John, and have them put it together into the next PET, one thing though that I heard and I could be wrong about this is that you may wanna comment back and forth, on each other adding comments, to somebody Else's comments. And in that case you would want you know, in process comments to be available to the public, because it is technically a meeting, if you guys are commenting back and forth in a different.
[118:05] Form talking to each other? Does that make sense With removing that make this easier for everyone. Then, like, if we just send our comments and they go next to our name, if you don't have anything, to add you just simply say no comment on that item, that way we don't have to worry. About a public venue for the Back and forth piece. I just don't know how used full it is given what it sounds like is a bit of a tech challenge. To you know, have to say, yeah, or to say, I agree with what Brian says, right. If I don't have any other comments. I could just say no comment And you could leave a space at the next meeting to add any additional comments. Awesome. With everyone's specific points. So I think I got it so that other people can see it. But they can't edit it Kristen, you could just click on the link and see if it would I just emailed it to you, again, if it works now for you you don't have to log in you should just be able to see it Cause, if that works I just sent it to a colleague, and she says it works for her So if that works for you, kristen, then will be in business.
[119:26] Yep, that seems to be working and what I think this point is share that link with like, maybe John can put it up on the screens. So if anyone here from the public wants to look at it with you, they could, and then we'll include the link in the packet as well Just as that John, will send that to you. Perfect. I didn't realize just how locked down your Google access was. I thought you could see other things, but
[120:00] Your it department would be very proud Oh, thank you very much. And that is working for me We wanna test it with the public. Yes, says yes, works. Good! If you see somebody that you, like or something, you could say that in a public meeting Okay, so that gives us got it. It's kind of redundant letters, with an avenue, and a venue
[121:10] So that sound correct. Someone put something in the chat. Oh, that's the okay. I also recall that Okay, so am I understanding correctly, for each. I mean, some have already done it. Reach decide whether we have additional comments. We need, we desire making That we could do this document Forgive me if this is great, and then I have to step away for a second, but I notice that there are multiple summaries in this document is there a spot where we have the particular language, of the recommendation, because it looks like we have summaries, a couple of different ways but there I believe there is some there's some
[122:01] semantic importance here. So I wanna make sure that we have the the actual language that we passed, not just a summary of it Yup. Am, I correct kristin, and assuming the summary of emotions. That list, is the actual language, and then the chart is the Cause, obviously Marijuana Flower allowed? Was not the motion that was pat that was discussed. It was Recommends that Marijuana Flowers shall be one of the permitted Types of Products allowed right is that the is that true because I agree, there are some some discrepancies, between the 2. Language in the Summary of emotions and the actual chart Hi, I will defer to be why she's still on the call, because we law is actually helped. Put this together.
[123:01] Me, what. Rua. Is here she just went and took her dog out so I don't know if she's back yet she let me know so when she gets back I'll have her reach out to you kristen Thank you. Yeah, I, think, however, it goes. If we could just make sure that we have the the particular language of staff could make sure that that document gets that just so I just obviously the the language and the wording of this matters. And while I appreciate the very very concise language used here as definitely not the vocabulary, we used for all of these, so if we can possibly get that particular language I feel like this would help me significantly. Cool. I don't think that's a really good point, Evan and I wonder if, and instead of then having the additional Perspectives in the Chart, then maybe it's under the Bullets, where it's this the Very specific language. Right can work with that
[124:01] I mean, maybe could just be in both places. It's not like that's that much longer. And it is much more clear Well, unless the chart is meant to be a summary, then some But it's just you know. It's the motion language, and these aren't unwieldy. Long sentences, or paragraphs, I mean and summarizing them in some cases like the one we just fixed could be very confusing I agree with robin entirely. I would much prefer to join the language that we use. But that's that's what we voted on that's what we should be using. Yeah, and just this first, one, we have is not the language of the motion. Because I know the language clearly, said cannabis hospitality and sales establishments
[125:03] Which is correct. This language would make it would be not correct. I agree. It's super important to represent the exact. Language that was used. Because it can make a big difference I Appreciate Everybody's Summaries but a Summary. We are already Summarizing Hours and Hours of Conversation with these Motions. So let's be particular with them I think Well. So I I guess that's a question for Kristen, do we have the ability to have staff provide the exact language that we used in here. So that we have have an equivalent starting point Yes, absolutely, we can go through this document and update it with a little more detail. Capturing the Exact Language of the Motion. Thank you very much. So you don't have access to Google, docs. So you might have to set it. To somebody, to update it. That's an excellent point. Thank you Laura Sorry
[126:09] Alison or would you be comfortable being the point person on this, if I got those details, to you, can. I send them to you up update in the document Sure in the Turk, yeah. And then do folks want their extra explanation or with the exact language in the chart? Where do you want your extra explanation to go under the the bulleted list or in a chart I don't really care. But y'all should agree before you just start to do it My thought was that there would be some sort of coverage, like I said, just to simplify it like, kind of Like the Chart does. I guess with maybe using it exact language, then the Votes and Names and then maybe the next pages would include our specific comment Yeah, I think as much as I live in spreadsheets. The concept of all of us making a column for comments is it's aesthetically displeasing
[127:21] I agree with that And if we just need the bulleted list, then that's pretty easy Stop it, back. I'm just gonna confirm so the bullets are going. But behind the chart, now I'm gonna change it, right now. Hmm I don't know. I thought the bullets were serving as a summary as Stacy requested, which I think is a great idea But I I think that on the summary, it should have the exact language, like that should that should be straight up first. Page here's, the exact language of the motion. Here's, how we've voted, and our names for voting. Then we could have our bullet, point or however it's gonna display our individual opinions.
[128:07] Late Like on the next sheets, not on that chart, the initial or I don't want to use, word, chart, that might get confusing but on the initial cover page you know where we have exact words Emotions, I don't think we need to then like Evan saying also include Comments on That it's just gonna get no longer clear and like the whole point was like that would be a cover sheet that's clear with that information then they could turn to the next Pages if they want to see. More about our comments. Okay. I'm just just for over Clarification So, the the chart would go first. It would have the motion language, the exact language in the chart of the you know you'd have the date, you'd have the I mean I don't know that we need the date, but you can have the actual, motion. Language, the votes, and who voted, and then below that you would have the bulleted list right with the Exact same Identical Motion Language, and then underneath there we would each have our own bullet with sub-bullets, on what our our our opinions.
[129:17] Are, as we want to share them. Is that I see nodding. But I just wanted to say it. As I understood it Including X official numbers. Alright. I think so, and I think it had come up in the past. Like Evan had asked if he does, you know, gets a line item, even if he wasn't present at the time. And I think, doing it this way, where we have that cover sheet with the votes, makes very clear. Who was present, and who voted, and then all the explanation, including ex officio members and heaven if you. I think, bullet points after the chart of the Exact language with the vote count is probably our best bet Wants to comment on these would be there Could you guess? The opportunity to express a little bit of opinion about the majority of the things that were voted on before I became a part of the Board.
[130:13] I think So yes, I do definitely want that option, so I would support the Ex officio members, having the same option to express their opinion regardless if They're vote calendar, or not And I think that makes it real clear to council, too. Like look like on the cover. Page they could just see straight up. Who voted right like maybe one of the Board members who is a voting member was absent or whatever one day. So they could see very clearly that information and then have all the rest of this for Reference you know in the packet And Then Allison. Okay, so, just to concretely, clarify what? You just said that. If I. Or Alana we're not present for a vote. We could still comment on that issue
[131:01] I think you could just Allison was about to write it. And she was, I mean, I can if you write non voting member and non voting would be alison would be me would be evan when he wasn't on the board it. Would be anybody that was absent from that meeting, and you could provide your Is it just to Perspective. If you needed to or wanted to. If that's that's what I I'm to understand, right, like, if we don't want that that's a whole other discussion I. John, is it possible for me to share my screen real quick. I believe you are a co-host which has that ability. Let me confirm It says that the Host disabled it Gotcha. Okay, while you're trying to give her permission what about if Ashley wants to comment, including things that she voted for or against or even things that Occurred Votes that occurred after her time on the Board, and then for that matter, Rick
[132:11] Alison, are you able to try? Now If I remember correctly, Kathy didn't mention that It was just people that are currently on the board that was one my understanding of of what she said last meeting. I remember this same I remember the same thing, too. Laurel. Do you have a point of view on that And defer, to Kathy. Okay, so, even, if Ashley voted for or against something, she doesn't get a chance.
[133:01] To comment I don't think we're going here for any of these votes. Yeah, if Kathy was certain about it. Then I went to front her So it doesn't really matter with respect to and I mean. I don't know even I don't think we've had a whole lot contact with him. Since you left town. I'm a can I ask a quick, procedural question. For you, guys, so in order to have the exact language, written from each of these motions, our shaft is gonna have to go back and listen to each of these meetings, because our minutes did the summary which is the summer you guys see here, so i'm curious as to like what sort of Timeline. We're looking at for that. I don't know that we could do it. You know immediately, just because we're gonna have to go back and listen to all of these meetings. What I had heard was that folks are saying that this section was not clear enough. But if that's different, then But the this section was Yes, but they're all. It's also. Neither, neither one is the exact language of the motions. Because I've written down some of them throughout the course of time, and they're not the same as what's.
[134:00] So yeah. Unfortunate. Okay. I I I fret to bring up this proposal, but reviewing all of the notes from the the minutes prior to my drying in and reading, everything that we have I would say that the Language, Structure of the actual Emotions, is sloppy, and Difficult and hard to understand and it changes I mean you're gonna have a hard time. Even if you listen to that laurel, you're still gonna have a hard time getting exactly what the vote is exactly what the language is. And that concerns me. So I immediately have to come to the idea that these are very concise summaries. I do believe they represent the spirit of what we were attempting to vote on. Do we want to take the opportunity in January to have consistent language, so that what we're Presenting to Council is relatively formalized structure for how we make these motions All of these are pretty Darn close what it would do is offer me an opportunity. To vote on this. So I recognize that that's a it's probably not what you guys want. To do. But we also don't want to hand over the language that you're gonna find.
[135:02] When you listen to the transcript I think that we've talked about this, and like that like Kathy was like very certain about that it it was like, not really an option I have another question since we voted on the minutes for each like to approve minutes at each meeting following you know, whenever these are made laurel we what is that kind of mean we were all then Agreeing assuming we all approve, the minutes that that language reflects the motions, close enough So I just wanted to hear from you guys, what your expectation is I think you were agreeing to the summary of what the motion was not that it was the exact language necessarily. Yeah, but that you agree that that was the summary of the actions that you took at the previous meeting Yes. But you're saying this is like an immense job to like go back and like have to listen to all that. So it sounds like an immense job It will be an immense job. And that's why I was asking about timeline. It sounds like you guys can still call comment on the you know the bullet points. Summary like comment on what's happening, there. But it's gonna take staff some time to listen to all of this
[136:32] Kate. Yeah, I think because of that I would say, we should just keep what's here in the bullet bullet points and each of us before the next you know meeting, or you know, like we all look at them and make sure that we agree that this is what was voted on and make comments On the things that don't don't align with with what we think. We you know that everybody thinks was agreed to as opposed to having them go through and try to hear what they were cause. At.
[137:08] Least we have a starting point here. I mean, it's obviously these are more detailed than the ones in the in the table. So the bullet points could at least be the starting point and then second I would recommend that in the future the full motion language is in the meeting minutes. Cause. This, is I mean, I'm I'm kind of surprised, because I know that Y'all document, it and repeat it. Back, so I I guess I thought it was verbatim documented. Somewhere. But cause I don't want you guys I don't want you. All have to go back and go through all that it's a lot. I I I appreciate that sentiment gate, but I do believe that it is critical that we have the real language, that we voted on I know that it is, work, and I that that's, unfortunate. But it is, I believe we are not doing anybody's service.
[138:02] If we're attempting to summarize something that we actually have specific languages. I mean, it's tough, but it's also pretty important. Lana. Specific language is what determines smooth operations from really really messed up. Ones. I think it's worth making sure we do it correctly and alright I would say, like, if we agree on the language, and there's no you know conflict among them, members about the language of the Motion. Then we shouldn't make stuff do that like if we if 9 people are notting their head about the language of of emotion, that it's Good enough, for example, the Bullet, the first full. It says, opt in to see allowed Cannabis Sales and Hospitality establishments. And we all agree. Yes, that's then we shouldn't make stuff do that also, I don't know if we there would be much it.
[139:03] Unless there's some significant conflict around the Language going back and listening to the ones that failed may also not be worthwhile. Since we're not actually passing those on to council. So I I would be inclined to ask them to look into ones that we don't agree on for clarity. Also, just really just want to jump in. If it's okay, to remember Thompson's point, all Board and Commissions give those like really Simple minutes to make the Turnaround a little bit faster for staff and things. So it's common practice in the city to not have the exact motion language. Just so, you know, that's why, it was set up that way I mean, I think it's a lot a lot of work Thanks. I agree, I'll I'll go along with the lana here, if if we don't have the lot of dispute, I honestly I think a lot of the the Bulleted Summaries are really good I just Don't want to Miss anything that's going to be Contentious but if it
[140:01] is, I think we should probably revert back to the minutes if necessary. But I don't see many of these. That I'm gonna immediately have any objection to. So if we want to adopt this language, I'm generally in support of that Alana, you still have your hand up here. Sorry I'll lower it, but I I mean I did one of my items. I was gonna raise and member matters for members was clean up of the language, because there are some things I thought, were odd, but I won't raise it because it. Sounds like we're just gonna clean it up as we go. Like the sentence at the end of the first bullet, the license will be governed by City laws applicable to all other Marijuana Businesses, like obviously that Wasn't in our Motion, and I wanted to get some of those things, Cleaned up and Out of there but can We Settle On what, the the act, the next steps are going to be. Are we able to do this in between meetings or how do we submit our words
[141:01] Just dump them in here. I thought that was the reason why it's created and what most of us can access But right, now or in between the meetings or the next meeting. I would oh, I would propose before the next meeting Or even better. Yeah And then we can include a link in the next meetings packet, so that it's open to the public sorry sure Or we could even say what what's the Due date for the next package Reading Package It's like 2 weeks for now, probably Yeah, other, than that we have we might have an actual week, because the January meeting is gonna be a week later. I'm looking at that specific date Okay. Also as you guys, add your comments, and I'd recommend putting your name in there, so that the public, and each other no, who's talking
[142:06] So allison, when like I just did a little edit. Does it say? Who did? Who does the edits I don't have it in a track changes thing right. Now, if folks, if there's something that maybe if you wanted change, maybe add it as a comment and if you if it's right. Next to like, if you look at the first, let me share my screen now Alright Alison. He can just do editing mode, and then everybody's gonna be able to see that he changed it. So Tom. It owns the top right of your screen. Just there's a dropdown Menu, you're probably making edits, you just want to be suggesting, and then It's gonna it's gonna get really ugly, if everyone's doing trick changes in there. So my suggestion is to add a comment, if you want to edit something, if you're noticing some language rather than changing the language, and then to just put your comments, where it says your name
[143:03] Rather than do it in editing mode would be my suggestion. But if other members of the Board feel differently than the Board can make that decision Yeah, to our point, I think that editing means that you're just writing over things and so you should use the editing mode. So like, for example. I am just out of example. So, I think, I, wanna, yeah, perfect example, yeah. When you're drafting your own content anytime, you're touching any other content you should be suggesting or making a comment End up. Yes, so the reading Packet for the next month meeting would be around December, 20, s, so the the due date would be Monday, the Nineteenth to Gather, Information What about before the meeting packet, that's the Sure Meeting Packet would be the fit would be the Fifth. So would be presented on the fifth of January, so that would be information submitted by January Monday, January Thank you. That's actually a holiday, too. So we might wanna
[144:13] So then Tuesday, January, third Hey, Stacey, or Kate, do you still have something to say, okay. Alright I was just gonna ask if somebody can in an email to all of us, right, you know these dates that we need to get this done whenever we figure that out but also a quick Reminder and how to properly, not mess, up the Google, doc would be really helpful, to me like whatever somebody was just explaining Like Dropdown Edit, that Kind of stuff, like if somebody could throw that into an email. So I can look at that before I put in anything. I just want to make sure I'm Not Guilty Messing the document up somehow
[145:15] Who would be the most appropriate person to do that I mean. It sounds like relatively straightforward to maybe in like if we, one of the staff maybe John, if you could just send an email saying, Hey, here's the date, you need to get it submitted for your comments, and here's how you put in your comments. As opposed to Except John Kennedy and Test Oh, fine, well, I would volunteer, but I'm not that's the problem is I'm not confident that I know how to do this in the way We're talking about. So, maybe somebody else. I'm happy to take what's in this chart, and do what I did for the first one, for the rest of them. So that's where people can put their their own, comments, their own reasoning, and then if my suggestion is if you're, if you're editing somewhere else or you're adding something else, you do it a lot of it and you add a comment
[146:16] To that Okay. You, those are just for like, if you wanna see the language revised or something like that right, okay, and then And how can somebody just quickly walk me through and I'll just write myself a note like how you do the comment versus. Actually I know how to like put my comments into the document next to my name. I think I've got that. But how do you get these other comments here. Yeah, or like Robin earlier, noted, when she noticed that the language made it. So that wasn't something that she voted for she put a comment there to flag it just I haven't used this before If you take so say you didn't like the word products, you just highlight it and this little plus right here And then as a comment. This little blue plus
[147:09] Yeah, plus down in the corner. Okay. Oh, I see it. Okay, okay, cool. That's good Good tutorial. There Thank you. Thank you. And I'm sorry, but Alison just so you know the public cannot see comments So right, now I'm on the document and I cannot see your example, or alonas, strike out so that will be the only problem of doing this your way, because I do agree with you it's. Cleaner, but then the public wouldn't be able to see it So Bea, can you I made one simple edit. It used to say on top, cloud motions. And I added hospitality, business. and I can see that Yes, I can see your edit, and I see it on full like regular. So it's not a suggestion. So you just made a regular edit to it.
[148:02] But I can totally see it. Right, but she doesn't see that you edited it. Yeah, I just see that it changed. I don't know that you did. It. Well, if you did, Alison, if you want to click click at the Little and so under Top right over there, you know the under share Oh, stop! Sharing! But after if else, if people submit their comments to Alison and Alison, does the editing, then the public should be able to see it But not who changed it, nor what was it. Before so if you want to have like a full record of everything that changed and everything that who did it and when then you need to do it on suggesting, mode.
[149:02] And sorry, I'm not supposed to talk, but I just wanna make sure that you guys know what I'm seeing Yeah, and I'm wondering if Staff could could do that, to see to to see what the public From that Can see because you would have the same permissions as as members of the public, and then Like. You want us. To show you what it looks like. Certainly like, I can share my screen, which I have it open I think I think that makes I think that makes sense to think about the way that it's commenting and is there another way instead of comments. Do do we want to workshop that somewhere else And just have it be, people are just writing where their name is, and so it's very clear who's saying it, because you're, just writing it next to your name and then any of the other comments maybe that goes. To staff. So you're saying, just to clarify like there's, all the Bullets of the Summaries, and then maybe do some memorial of and says Blah Blah Blah about this but if there's any Comments, or changes you want to send it to Staff is that what what You're trying to say
[150:14] That's what I was trying to say to find a a happy, a a medium in between Not If we allow the public to be commenters as opposed to just viewers That would eliminate the need so the 3 categories are editor, Viewer Or Commenter. If we made the Public a Commenter as opposed to just a viewer. Of this document? Would that make it possible for via to see it. I. Recognize that it would also make it possible for her to comment and any general person in the public. Could comment but it would be tracking. Who that comment was coming from is that is that mission modification powerful I'd leave up
[151:08] I recognize that this opens up this document to be commented on by the broad public. Well, then, doesn't can't we just True. But we don't need to tell everybody that we're doing it I don't think that many people are going to be that interested in making comments on a working document for us. And if they are then we have to come up with another way. But I feel like this is a solution. That fixes this immediately. And we don't have to talk about it anymore. I mean, if you guys are comfortable with allow, I can change the permission I'm certainly good with that I think it's okay. Anyone have concerns Yeah all they can do is make comments. So they can't actually change the meat of the document. I mean, we can try it because people can't access the heart of the document and make changes to we could try it I guess that right good
[152:02] But they can put in a 1,000 word, treatise on something we don't care about and it would be annoying. But we can also ban them as soon as that happens, so Well That's that's what I'm wondering To Evan's. Point. If is that allowable. If somebody never does put something a member of put something in there, can we delete it or is that going against some open record. Stuff, it has to stay there Yeah Sorry I was sorry I was asking moral sorry I should have addressed that to laurel So you're you're actually what if you have a public facing social media page, you're actually not allowed to block them, or like delete, their comments, or anything because you're a public, forum, so you're creating this public forum, where the public can comment for your personal social media, you can Block them all you want. But So that's why, like you personally and probably Evan, can go on and block people for this, if you were to open it it would create like A public. Record, and you couldn't go in and delete.
[153:00] That's yeah, that's probably Somebody's comment and less. They Meet First Amendment Standard. There's certain things that are protected by this first amendment. We can block them on social media so we can. Oh, I'm sorry Yeah yeah So if somebody was putting something. Obscene, then we could delete it But that doesn't mean laurel just to clarify. No Right. We wouldn't have to send those comments to city Council. When the document is finalized, we just couldn't delete it from the work, document right okay. Right then again, like like the live Document thing, it might be better to do like the Editing thing. I don't know it depends on what what you guys are comfortable with, but it sounds like, Kathy has said previously, that you guys weren't allowed to have it so that the public could comment on it so I don't know, I don't. Wanna conflict with whatever Kathy has said before, so I defer again to Kathy. I can check with her and see what she thinks about it Well, I think the main thing we were trying to restrict the public for Editing.
[154:03] 2, we were talking about view only alright. That makes sense. Yeah, I wasn't in those discussions. So I'm not sure. But I can check with her in the morning. This, I think this is You know So there's. The the middle ground of is it people can comment, but then they can see the comments. So I think the question, is do you want it so that we can only edit it and you're not allowed to comment. And then the public can't See any comments. Cause. There's no comments to be seen. So we agree to no commenting so that it's Totally Transparent or do you want to open up open it up to commenting for port, members, which then also potentially some of them feasibly someone from the public could also comment on it And if they do, then we can't delete it until it's like the next version of it, I don't, I think I think there's merits to get away.
[155:10] I. Think that second way is fine. I hope I don't. Yeah, my words here, but I think it's a relatively low risk that somebody's gonna come in to this document from the public and start throwing in all these comments. But I really will regret saying that if that happens. But I think it's important for board, members who are looking at this to be able to make those comments, on changes that they would want Awesome. Alright, Yeah, I think comments are important here. I think what's getting written into this document. Is the stuff We're attempting to try and submit to the Council, and I'm concerned that if we have to put our comments in line, the final editor of this document is going to be awful. So our comments are where we can discuss with each other, and if the public wants to throw in a comment and they want to throw in too many, then that's unfortunate we'll have to switch it. Up.
[156:06] But I feel like for the function of this document and for the function of this group, commenting with our in-line actual stuff. We want in the document, not our our conversation about the document. I think it's important for us to have those comments, and not have to say it's hard for me to get my head around. How I'm going to have a discussion with the other people in this group, about this while simultaneously trying to put in the final language I want to see, those 2 things are very very different here and I think they need to remain separate and i'm happy to take the risk with the public commenting potential So that we can do the document correctly. How is it for that Okay. It sounds like we're pretty much in agreement. But I just think we should decide before people start writing in it. So that we don't mix it up I haven't much opposition to this direction that we're going so January, third comments, by all And I'll take the I mean, I would make a comment. But I think, yeah, I do. Think that's All Evan, and you know as far as I'm I know, I will commit to not making any comments. From the chart, what people Voted and I can put their names on the next section with a bullet, so that that's where you write your explanation for whether you support it or opposed And Allison, I apologize, but you just gave me suggesting. So I could technically make any edits. I wanted right now Just fyi
[157:38] Right you Do you have that capacity, Allison to limit people to just suggesting not editing Right. Now they have commenters, I what I would love to do is go check with staff to see.
[158:01] And like, see with Chris and what you can see and I know that you can't add in the Google Doc but just I'm I'm I'm Kind of Uncomfortable changing things. With with Via sharing. What's what she can see. I I it's really helpful, but I'm not that just feels So it looks like he is right in the sense that I can go in right now and make changes make suggestions under the commenting. And I have the public access so I don't know. Yeah yeah And similar to mine. I I don't have the ability to edit, but I can suggest She just sees the new. It's say, yeah. Okay, so that's what that's the intention. This Suggesting is different than commenting, suggesting. You're in line making edits to the document you can. My entire ideas could put this doesn't work. There's not an option. That does what I was hoping it would do so You could see my testing in the document. If you guys are looking at I see that as well I can see right here. Sorry I thought that I thought I thought Google was gonna come to this come to the rescue there.
[159:02] But it turns out not so much. So I think that leaves us with we have to answer in line next to our name so Alison, if you can effectuate that so that we can actually make that in terms of us discussing something that we're not going to put in line in this document, is there a way for us to do that prior to all of Us meeting at this next meeting Feel like a written a written dialogue about this is probably going to be pretty valuable. And if we have to do this during the meeting next time. It's gonna miss an entire month worth of our Comments So I guess that's a question for you, laurel, are we allowed to discuss this in a forum that is similar to commenting in Google drive I. So if this is open to the public you guys can write your comments in there, again, like, commenting back and forth to each other, is a meeting.
[160:03] It needs to be noticed and given to the public, so that's why we were talking about making sure any of this goes into the next Packet. Making Sure everybody sees it, So that's my concern is I don't want you guys to start kind of like having an email conversation and violating any sort of open meetings, law, the public. Just it's just like track changes. You can see it Needs to be able to to see what you're doing But if E, if Evan and Comments, and then I respond to his comment and Evan respond back to his comment. And you're creating an open meeting Right. Yeah, and that has to be you have to 3. It's not a bad thing to have an open meeting on this. But you have to have it publicly, noticed in it with enough days in advance, right. It's the whole process. and if you don't do those things and you're violating open meetings, line and opening the Board up to being sued opening up to liability, for litigation. Okay, so alternatively, what if everyone submits their suggestions to Allison, who then
[161:05] Puts in all those suggestions with attributions where it seems appropriate And then that's released to public in the meeting minutes. I I I mean I my thing is is that I don't know that it's going to be suggestions. It might be questions or Clarifications, or An Alison may not be able to answer that right. So I guess that, like what I I think that's that's part of Part of this is Can I go to staff to be compiled for a discussion for next month. Because to meet. I guess the main thing I was gonna submit. Is just my comments on. However, why I voted the way about it
[162:02] While you're voting the way you're voting is going next to your name in the bullets. You are that's totally fine. You all can write that it's the what I was showing. Stacy about adding a comment. That's the part that is challenge. So it sounds like we should just not do that, and you just write your name. Write your stuff only next to your name, and then it will be very clear who wrote it, because you're the only one who's writing it and the members of the public can view it but they can't edit so then there's transparency on what's being said Alright, just so fy, we're gonna lose Robin soon. Also so I kind of like to move on Alana. You had a comment. But right No robin, universe. Thanks Alana, Tom, I was just gonna say, let's I like that idea at Allison, his game for taking everyone's comments, and putting them in. And then, if everyone could make a note of their Const. Concerns about the document, and bring those ready to kind of just go through them, you know, have a conversation about and make those fixes that could be a pretty efficient way to forward
[163:08] Okay. Also, thanks. Everybody. I'm on vacation and I've got a crew that's ready to go to dinner. And put in the meeting packet So I gotta go, but Yeah yeah Just a just a question before you go robin, We can all add our own comments into like, the the information, for our our I think. Right. We have editing capabilities. So next to your name, you can copy and paste your information from your other document, into this one next to your name, next to that bullet, point just anything, comments, or questions or whatever that that we can't do I just wanna make sure like we're not submitting our Response, our responses and not the comments. Yeah, thanks. Yeah, right. No, thanks for that, clarification, I think that makes a lot of sense. We should be able to I think through issues like language tweaks on emotions, and a couple of other items like that fairly quickly as a group
[164:04] Okay. Yeah. Alright. I would think that we could, I mean could we at the next meeting, go through each motion, and just sees anybody, have any questions, yes, or no, and then the next, one yes, or no the next, one, yes, or no and then we just like everybody has to be prepared for that so the Conversation, is and then after the meeting. That's, the Great hey, are you suggesting we all dump our comments into this document, public can view it, and then we settle up on the motion language in the next meeting Yes, but I would change your language from comments to responses. Thanks. Okay. That sounds simple and compliant, and I can do it Who wants to explain this to Michael I think it would be in John. Are you gonna put it in the meeting minutes.
[165:02] Yes, but the meeting minutes won't be available until the meeting packet for next time. What the oh, yeah, got it. And and just to be clear, we want this done by the the third Yeah, the response is completed by the third, yes. Just so we're clear on like the comments of the actual motion, language, and as some of you guys are gonna comment on whether it's accurate or not quite right, really, fine if you start changing language or anything like that I know, Kathy will come in and say you can't do that it's. Just like if something is inaccurate, one summer doesn't accurately portray the most. Just so you know, she's gonna come back. And same no one Cathy You're just gonna put our own comments, not chain, not make any changes. Unless there's an accuracy, and I know that there there could be. I know somebody, guys have kind of mentioned that so Okay. Great Thanks Robin.
[166:01] Okay. last question, that, I just said, do you want me to try to explain to Michael Alison. Do you want to try to explain it? Yeah, I can. Okay, we can give them that tutorial cause. You missed that tutorial Well the forget, the Tutorial don't do that forget I ever said it. I'm going to All you're doing is typing next to your name. That's all you're doing. Oh, okay, you could do it that way, couldn't you? Hey! No, don't do it that way, please don't do it that way As a. No, no, Tom. So Tom just put put your responses, next to the Individual Bullet Points, for your name. Are or your name. Is that's. It and then no no just edit, it put it in but Don't Touch Anybody Else's Okay.
[167:00] Hmm. And tonight. I'll put everyone will have a little bullet with your name. Everyone will have that. By the end you don't have it. Now. It's just the first one, but I'll do it tonight. Yeah, that earlier document from before the retreat. I had sort of What thought should I use just joking. I'm just joking The answer is always comic Sans Windings. And as a side, note, make sure that everybody reads the motions, the summary of emotions, to make sure that if they are there are things that we want to address next meeting that we do talk about them because that is going to be the Final. And note that in your own document Okay, so just to make sure, I did it correctly, it's a test case I put in under the very First Alright summary emotions. Okay. Thanks Kate. I like the Sea lion Invitation. Have those in Michigan I'm kidding, of course, maybe okay, alright, we're ready to move on.
[168:05] I think unless somebody says differently. But going back to here somewhere. Yes, so agenda item number 6 would be matters from the Senior Council There we go. Thank you, John Sure. So I guess that would be me I don't have anything since I'm stepping in for Kathy, but just wishing her well on her vacation There, we go. Yes, and it's been a pleasure working with you yesterday Well, we might see you again. We you never know, or she might run run screaming. No, not the cloud, no Yeah, I don't know if, after this conversation Laurel's ever coming back Yes, sometimes attorneys, go on vacations We scared her all right, alright, I'm back. I'm back on your John matters. I don't agenda, item 7.
[169:02] Right from the Regulatory Licensing Office Thanks, Tom, so just a couple things. If anyone has any suggestions for Agenda topics, for future meetings, please share those with staff we'll make sure to add them to our list and just a Reminder as People, have Mentioned, today, that the January Meeting has been moved to Monday January ninth due to the New Year's Holiday. I just sent out a placeholder to everyone, so you should have a meeting request just to kind of save the date. But I just wanted to give you one last reminder about that date. Change. And Brian Brian's That's the question. Yeah. Question for staff on this I know, during our planning meeting for this I just wanted to sort of What's staff had mentioned that the city are still considering how whether prop 1 22 should be decisions should be allocated to this Board or some other board, or go through a similar Diary Panel Kind of
[170:09] process is there would we have more information on that direction by January or is this a longer term discussion I would be surprised if we had any updates by January ninth, especially given that we've got a couple of holidays between now and then I haven't heard any movement on where that's going? No, no, no, it's been great Laurel. Have you heard any updates on that No, the last time I tried to get some updates from staff that are higher up in the world. Than me that there hasn't been any decisions made yet No, hopefully. We can do it soon. Sorry. So Brian, if we do, yeah, no. I was just gonna say, if we, if we do have that information We'll share it with you. Since we can I just that's my prediction is that we probably won't have it by the next meeting on the night
[171:03] Okay, And anyone has any additional speaker ideas that they would like more information, we had a list somewhere What is it in our pockets, either. Somewhere. I didn't see it It was an a previous packet. We haven't made any changes since. Oh, no, thank you, just kind of I'd like to just to bring it to the to the attention of the Board Based on Prior discussion with today's meeting with clarifying information, in the minutes, during the time of Approval of the minutes that is the time to bring up to hey? Can we make any changes, things of that nature. So please, when it's that that time at future meetings if you feel like the minutes, are not as in depth, for motion, language, or things like, that because they are action minutes please let us know at that time because we have the document, open and we
[172:06] Can certainly make changes right then in there at that time of voting for the approval of Minutes, just and then of course those to be signed by the chair at the on the next day, so Just please keep in Mind, that if you have an Changes that Agenda Item number One certainly Is time to bring those up for discussion, for feature, for feature meetings Okay, and then, matters from the chair and members of the Board. There was a list of the articles here, somewhere Alright, thank you Stacey? Did you want to share our Homework It is in the Packet. I saw it in there, in the reading packet, the document that Brian and I were done that was summarizing all of the Recommendations. Basically we came up with during the Retreat to help the meeting run more smoothly and Effectively we just Kind of put some examples into the list that I think appears in another place in the Packet already just to kind of clarify further what was talked about during the Retreat and how we can apply it
[173:22] Yeah, so just reiterate on page 16 of the meeting packet. This was from these are the I think we went around the room. We sort of shared. One thing we would hope to sort of improve happen, meetings or conducted at the Retreat, and So Stacey. And I I went back we kind of like organized this, and then on page 17, came up with some like recommendations, that example, language, and Kind of grouped, these sorts, of into Similar Kinds of Themes, so again, just Kind, of governing how our interactions, with each other have we sort of found our meetings and what we do Outside of meetings. these are again, not necessarily binding, but these are suggestions that we kind of Flushed out.
[174:03] I have some examples. as well whether and how we engage with this I would hope that Stacy in my homework, but it's not for waste, but I hope that we can use this to guide our conversations. See you all hands at at the Zoo. Well, we had a motion today. How did we do? Ryan and Stacey And interactions and conducted meetings. Going forward you can certainly direct your feedback in a open records compliant way to meet or Stacy. and you can Acquire that some kind of way, as well I think today's meeting went very nicely. All set end up And we Do, Temper Temperature, Taking on Functions and Free Construct, pre-constructed Motions, it wasn't in the moment motion
[175:01] Okay. Well, I think John really effectuated a good modification. There we had a common thing to look at, and I think now the record of the meeting will show exactly exact language as opposed to the interpreted language. We have to do, on the fly meeting. So or on the fly minutes taking I think the obviously the pre-considered motion is the optimal situation where we all have a moment to review it before we come, to the meeting. But I think at the very least, we need to have a screen share, exactly like we just did. And it worked well, and everybody was able to agree. It was in one of 3 unanimous votes in this, in this group, ever so doing good it was a great improvement. Hey! I just wanted to think Brian and Stacy for the Follow up recommendations cause it actually provided a lot more context to into the Retreat. So the last article that was shared in the Mini Packet is that the Npr. I think everyone was very well Behaved and they get Stickers
[176:04] Story that I overheard your voice. On right I get this is the adaptation of that interview. Okay, Alana. Oh, no. I well, yeah, wanted to. Thank you guys. I didn't have time to look at this before Right now, So thanks for calling our attention to it. As well, now, I think it'd be worth I mean I'd love to see be worth putting this like towards the mission. Okay Packet and just reminding, maybe it can you know, we all remember this every meeting. But I also see a lot, as a handout that might be related to previous business You know they could go better, but I really do appreciate you guys spending extra time in between the retreat in this meetings that was a lot, a lot of extra stuff. So truly thank you. Yep, I agree, I did not share share today. Though and I, I don't know if
[177:05] I did. I I heard you make some comments. thank you. Did offer Some Okay, alright, right or a lot of your head is still up I just want Yeah, I'm ready to my topic. Whenever you want sure. Okay, well, how about I'll let Brian Share. The rest of this Meeting, which includes Comments, or Suggestions, by I said I support laws Suggestion. And if we make a formal motion, we can. But it would be great to have a follow up recommendations for cloud meetings included in future reading packets for the board that was okay, with staff Then sorry. John. Go ahead. We're happy to include that that's very easy for us to do. And I'm not sure that there needs to be emotions that i'll deferred laurel think there should be a formal motion on that
[178:07] I don't think there needs to be a formal motion it's like I said before that we were just doing standard practice for what staff normally does for minutes. But if it's okay with Chris and her team to do that going. Forward I don't think there needs to be a motion Mississippi just to confirm that you want to have the recommendations, the document that Stacy and Brian created to be included in the Feature Packets So that being the meeting, packet That was my intent correct. Thank you Yeah, just like an article. You just put it in there yeah. Oh, it gets buried in the 100 pages in the reading packet Yep. Okay, Brian, your chair. Take us home. Or tweet I was interviewed by on Cpr Colorado Public radio last week, talking to the first 10 years of Canada, Legalization, there's a 30, min interview, you can listen to and then There's also this Couple of page Article Right Up Summarizes some of the
[179:04] The Conversation, And I think I got to name check our board hopefully, that came through in the interview. I haven't listened to at the end, because I hate to send my voice, but I I did my best to sort of represent some of the work that We're Doing support as well is really important to the professional zoom and Progress that the Cannabis Industry is invaded over the last 10 years I'm sorry. And I if I'm actually still sharing, then then that will move us to the last item for the the night is where to go? Okay, alright, I'll entertain a motion to adjourn. Unless there are other matters. For the board.
[180:00] I think that a lot I believe, has Yeah, so I had a matter. I had it at the last meeting, as well at which Ranley and now that I'm seeing who's left in the meeting, it's also not really an ideal time, of the meeting without Michael and Robin here but I'll give you some background, which is In the meeting where I recuse myself around the concentrate, vote, I a couple of months later, I followed up with Jeff Guard to get legal advice, around whether that was the right thing to do because I couldn't really get it, out of my conscience that I didn't have I Make my vote, on that matter, and I also just know in and of myself and my business, that there was no way I could immediately or directly benefit from how voted on that motion so it stuck with me for a while even though I had found it important in the moment to honor the concerns that I was hearing from
[181:01] My Board Members and to remove myself from the meeting, and recuse myself. I like I said, I followed up with Jeff Garden. I got different advice, that I should not have necessarily recuse myself in that meeting, because my relationship, to the item that we were discussing is more incidental than direct and I am a member of a group of people that somebody could potentially, make an argument, about would benefit. From that motion, but incidental, as a member of a group of people, for example, manufacturing in boulder that might have had potential benefit from that, So in I provided the letter to you guys and I sent it to Kathy, a while back, when I first once I first got the letter I sent it to Kathy, a immediately and they said, Hey, wanted you to be in the Loop I got advice from Jeff I'd not and I shared it With her and she concurred with the letter that you have in the packet, and her comment was just a caution against quasi judicial taking this interpretation to apply to quasi-judicial hearings that was her word of Caution was Just Let's Think.
[182:20] Again or let's revisit before we before we dive into posit judicial. There might be some distinctions. so I would point to a very specific you know you can read the letter on your own or not but at the end of it in the second to last paragraph, there's one sentence, that's that makes it clear to me that's how helpful, helps clarify. It says the guidance they provide as an industry member on cloud relates to whether the Guidance they provide relates to whether my decision would lead to a financial gain for me that is different than the finite gain to others, in the community and that's, the language that I use to
[183:06] kind of describe the incidental versus like exclusive benefit with that in mind, I would really like to be part of that vote I am not gonna ask the class to revote on that right now, seeing us, Robin and and Michael are not here that would obviously not be you know in the spirit Of repeating that vote but I would, like you to review this letter, if you can and consider a revote with the membership in the next meeting, so that my voice can be memorized on this topic. I did read Jeff's letter to you, and the only I I'm sorry, Jeff, but you're still not really fair but one thing. I notice that's missing, and I've I I'm Chair of 3 boards, right now, and so I take I take ethics things 3 times a year, and one of the things that I did not.
[184:11] See in his letter is the perception of conflict of interest, that sometimes is not necessarily the conflict of interest, but public perception, of what How your vote might play out and I don't. I mean. That's probably the most important thing that I would consider like say, for instance, on the vote as to whether concentrates would be allowed and hospitality establishments. The public perception of that vote would be that that could be a conflict We we have 2 positions on this board, specifically, allocated to industry, members who by the very nature of their profession, would benefit from an expansion of Regulations for this industry if we were to be on this board without like the perception yes, i'm you're right the perception
[185:18] Is that we are most logically going to vote for things, that benefit our industry I don't think there's any question that that is our interest it's it's explicit that is our interest it's, not it's not the perception, is of course, I mean if if you had An outside business. That was going to benefit, not publicly, but through a backchannel. Then that would be a conflict of interest, but it's not conflict it's obvious that I want to do good things for the marijuana. Industry I'm I'm on this board because I'm a marijuana business owner in the city so the I understand that if there was, if if you were disguising that you were going to benefit from something then that would exclude you but we're not disguising, anything we're
[186:06] I just don't see where perception Obviously the we're, the industry, members on the board, so that are you looking for saying about the perception, but like, I think the perception is implicit for us. I recognize Evan Well, can I respond to that Yes, Tom. Go ahead. Yeah, I'm not talking in generalities. I'm talking in Specifics. It would be let's say that and I'm just gonna just for the purpose of illustration and Brian and I started to Research institute that was gonna look at Cannabis Research. And we were gonna I don't know. I don't wanna carry it too far. But let's say that we, were voting on something that would advocate for more, research, or or pay money for some research and and that we could directly benefit or from such a vote then I i'm talking about perception of a very specific topic, not I I know There's 2 people, on the board that are
[187:07] in the street, representative as by design, Tom, you you use the word, direct and that's, where I clarify direct versus, you know being incidental part of a group of people in a community, and I'm trying to look at this rather Leak, like obviously from a legal perspective, having brought in a Legal opinion, because I'm trying to Avoid perception. I know that I am not in a good, favorable position when it comes to perception of an opinion, surrounding the topic as I've heard from the beginning of my time, here, however it's up to the individual to know whether or not They're in a position to directly Benefit, and to recuse themselves, so I'm I'm not sure where exactly this perception, your Fear of of public perception that comes from a certain angle of a certain group of People, that have a certain perspective in the community, you know how that is material in what I'm raising, it I mean, it
[188:18] Can be your perspective, that you don't agree with me because you think that it's you can't possibly see how there's not. A direct Conflict, or benefit to be, had but I would encourage you, to maybe discuss that through with me, because there's no way I could directly benefit from this the only thing I can directly benefit from is an increase in square foot of my cultivation and in as far as this is not going to increase my Square foot of cultivation, to increase the amount of Products. I can sell. This is not going to be a direct benefit to me I have hundreds of customers. I have over a 1,000 customers to potentially sell my products. To just because I have you know, 3 additional out of over a 1,000, that doesn't mean a direct benefit.
[189:07] Alright from the direct traffic here Tom, do you respond, or do you want me to check in with that end I I see Evan and Kate waiting, too. Alright, Kevin. So just wanted to thank you all for that. I was just gonna respond to to Tom's example. just to use it as another I I guess, from my perspective right. If if we were talking about research, and you wanted more research on Cannabis of course I wouldn't think that there's any Conflict there You just because you're doing research, or you want to do Extra Research, that You're not directly better from that or even If we don't use the word directly, like you're not better, if anything from that, but all people that are researching candidates, could benefit from that, but if if it was we were trying to say that this, specific company, needs to do the research, and that was you then yes, I mean you obviously should recuse yourself. Also, like, I know that we did talk about like cool. No, I'm oddly that one. No, we're getting that that time and I don't wanna open that so. But that's just to just to use your example, and how I would view like whether or not that constitutes a conflict of interest, and I think that if you thought about it too like I I would think and actually direct it to you do you think do you see the distinction between the 2 and do you
[190:31] I guess to answer that. And to answer Alana a lot of you. Think that there is a conflict. If it was to your organization as opposed to just research in general You chose to recuse yourself. We didn't Absolutely. I did choose to recuse myself. I knew the decision was only mine to make. I heard from the Membership of the Board, and I chose to honor them in the moment without better information, and then I got legal. Information my from a lawyer who I work with, and that's what came out.
[191:03] And I said, Okay, that's after I sent it to Kathy. And I mean, look at the data, this letter I've sat with this for a long time. I don't take this stuff lightly. But here we are mowing over these motions, and I don't think it's a lot to ask for me, to bring you guys in and also you just need to know you should memorialize this letter the class should moralize this letter because we're Alright, good. Probably gonna be up against this for the rest of time. And then to so we did laurel, I believe. We'd have to go back and listen. To the minutes of the meeting, but I believe it was legal console that I'm really advised a lot of that she should recuse. And I don't think it was I'm pretty sure it was not me Yeah, I don't know. Yeah. And and so to go back to Kate's point, Let's. Say, I mean, I I know, I want as company, is not the only company that sales concentrates and in the world.
[192:04] And let's say that I was one of a 100 or one over 10 companies that did researching. And somehow, you know, I would I could stand to benefit from some So I'm a one of 500 companies in Colorado. Kate Kate had her hand up for me for sure. That do what I do. Yeah, well, someone. One of dozens in boulder Yeah, Tom, I I really got to ask, where are you? Where like, what do you think the end of this is because let's be very honest about this I own every category of license, in the city, so am I supposed to recuse myself, from every subject matter. That's crazy. The reason I'm here is to have an opinion that is going to benefit. My industry, if I make a if I make a proposal here today that can only benefit my store, then that would be totally inappropriate. But if I am making a recommendation here, that is for the benefit of the industry in general, then I'm doing my job. I'm not. It's not a conflict of interest. Obviously my interest is to benefit my own business, but I cannot do that especially from benefiting the public that got me here like
[193:13] I'm not I'm not questioning that haven't, and And in your. Then I think that we, we it is unreasonable to request that we recuse ourselves from things that could benefit our industry, category. No There's no point in us being here. If you ask us to do that At this point in time. Nobody is asking anyone to recuse themselves from any I mean it's up to the individual, to decide whether they have a conflict of interest And Alan made a decision in the moment, and is now asking to ask us to vote on this again with probably more clear language. Than we had that day, and I fully support that, and I think we should do it at the next meeting I was gonna say, my might I suggest tabling this to the next meeting Personally, because Kathy was the one who was involved with this discussion. But also it sounds like, I want you wanted the full board to be here to be able to talk about this, so that was kind of my suggestion
[194:04] Yeah, i'm not sure Yeah I have also spoken to 2 other law firms about this, one is in Colorado, one, is a big national firm, and without even at moment of hesitation. They both advised me that I'm allowed to vote on anything that doesn't single my business out. So I think we should just revoke and something that a lot of them, recuse, your cell, phone, but shouldn't have Oh! We can do that alana can also put in her comments in the in, in the summary, and can list, that in your comments, that would say and I've get i've been given advice that I did not need to recuse myself. And so therefore I would like to, vote this way. I'll I'll just remind the Board as a point of Order that Motions can always be introduced and Seconded and voted on so it's just A matter of if 2 Members of this Board Won't Introduce some Motion and seconded, and we can certainly Vote on that again.
[195:00] Let's not do that this time. If we can. Oh, yeah. But I would support a motion from laurel, that we table this Not saying that you shouldn't have a motion at some point, but Yeah, and I'll just use my last comment to double back on a comment. I made earlier. That it's unfortunate my members sit here for 3 and a half hours meeting after meeting and get this little bit of time to review their items. I tried to get this through the City ahead of the last meeting, and I cut in And now we until January But I just think matters from Members is worth a little bit more priority Share that maybe in future meetings we can mount this up the priority list, like the Feedback Any other matters from Members of the Board, or Staff.
[196:10] I I noticed that Allison came back on the screen during the discussion. I don't know if that was because you wanted to contribute or just want, to wait until next time Oh, okay. Alright. Good! I will entertain a motion to adjourn Motion, to adjourn. Your motion adjourn is there a second. Hmm. I have a second from Evan or anyone opposed I. Second, that. Here, you know position, meeting this adjourned. Thank you, everyone. She was asked to Thanks, everyone. Thanks. Thank you. Thank you all Good night.Hey!