A Resolution Appointing Teresa Ablao As The Lead Hearing .

2y ago
38 Views
2 Downloads
4.24 MB
11 Pages
Last View : 1y ago
Last Download : 3m ago
Upload by : Mia Martinelli
Transcription

OFFICE OF THE CITY MANAGERAGENDAMARIJUANA LOCAL LICENSING AUTHORITYREGULAR MEETINGOCTOBER 24, 20171.CALL TO ORDER - Members of the Authority2.ROLL CALL3.APPROVAL OF THE AGENDA4.APPROVAL OF MINUTES- June 27, 20175.BUSINESSA.A resolution appointing Teresa Ablao as the lead hearing officer and StuartShapiro as the alternate hearing officer for the City of Thornton to conductmarijuana licensing hearings and otherwise act pursuant to Article X ofChapter 42 of the City Code and authorizing the Chairperson to enter intoservice agreements. [470-BC]6.OTHER MATTERS7.ADJOURNMENTAgenda prepared by Kristen N. Rosenbaum, City Clerkfor Kevin S. Woods, City Manager

Unofficial until approved by theMarijuana Licensing AuthorityMINUTESMARIJUANA LICENSING AUTHORITY MEETINGJUNE 27, 20171.CALL TO ORDER- By Vice-Chairperson Eric Montoya at 7:49p.m.2.ROLL CALL OF AUTHORITY - Those present were: Vice-Chairperson Eric Montoya; andMembers Mack Goodman, Jan Kulmann, Adam Matkowsky, Jacqueline Phillips, Val Vigil,and Joshua Zygielbaum . Absent- Chairperson Heidi K. Williams .STAFF MEMBERS PRESENT - Jeffrey Coder, Acting City Manager; Robb Kolstad,Assistant City Manager; Luis Corchado, City Attorney; Chris Malison, Executive Director forManagement Services; Gordon Olson, Executive Director- Fire Chief; Tom Manka, DeputyPolice Chief; Kelsey McElroy-Anderson, Senior Management Analyst; Karren Werft,Agenda and Licensing Coordinator; Lori Gray, Administrative Specialist; KristenRosenbaum, City Clerk; and Crystal Messick, Agenda and Licensing Coordinator.3.APPROVAL OF AGENDAMOTION WAS MADE BY MEMBER NIZAM AND SECONDED BY MEMBER VIGIL TOAPPROVE THE AGENDA AS PRESENTED. MOTION PASSED UNANIMOUSLY.4.APPROVAL OF MINUTES -April25, 2017.MOTION WAS MADE BY MEMBER VIGIL AND SECONDED BY MEMBER ZYGIELBAUMTO APPROVE THE MINUTES AS PRESENTED. MOTION PASSED UNANIMOUSLY.5.BUSINESSAConsideration of a Modification of Premises submitted by Futurevision 2020, LLCdba Medicine Man Thornton (Quadrant 1).Kristen Rosenbaum , City Clerk, presented slides and highlighted the proposedmodification to the premises.Andy Williams , 14173 Roaring Fork Circle, Broomfield, the Applicant, answeredquestions from Council regarding the circumstances for the previous tenant movingout, plans to expand into the last unit currently occupied in the building, and theparking lot at the drive-thru liquor store.MEMBER PHILLIPS MADE A MOTION TO APPROVE THE MODIFICATION OFPREMISES ALLOWING MEDICINE MAN TO EXPAND INTO UNIT 150. MOTIONWAS SECONDED BY MEMBER ZYGIELBAUM AND PASSED BY A MAJORITYVOTE OF THE AUTHORITY AS FOLLOWS:Ayes:Nays:Kulmann, Matkowsky, Montoya, Nizam, Phillips, Vig il, and ZygielbaumGoodman

JUNE 27, 2017, MLA MINUTESPAGE26.OTHER MATTERSNone7.ADJOURNMENTMOTION WAS MADE BY MEMBER ZYGIELBAUM AND SECONDED BY MEMBERKULMANN TO ADJOURN THE MEETING AT 7:58 P.M. MOTION PASSEDUNANIMOUSLY.Respectfully submitted,Crysta Mess1ck, AgendaCoordinatorATTEST:Chairperson at time of approvalApproved at the October 24, 2017 MLA meeting.andLicensing

MARIJUANA LICENSING AUTHORITY COMMUNICATIONMeeting Date:Agenda Item:Agenda Location:October 24, 20175ABusinessWork Plan#Le IReview: 1 51 Reading2 n d Readingsubject: A resolution appointing Teresa Ablao as the lead hearing officer and Stuart Shapiro as thealternate hearing officer for the City of Thornton to conduct marijuana licensing hearings andotherwise act pursuant to Article X of Chapter 42 of the City Code and authorizing the Chairpersonto enter into service agreements.Recommended by: Luis A. CorchadoJ1Presenter(s): Luis A. Corchadoj\( Approved by: Kevin S. Woods'! (VOrdinance previouslyintroduced by:SYNOPSIS:The Thornton Marijuana Licensing Code, which was approved by Ordinance 3401 on August 24,2016, requires that the Marijuana Licensing Authority (MLA) appoint a hearing officer who shall havethe authority to approve or deny applications for marijuana establishment license renewals, change ofcorporate structure, change of location, modification of licensed premises, and change in managerregistration, as well the power to hold hearings to suspend or revoke a license, or to impose fines inlieu of suspension, civil penalties, sanctions, or other conditions.The MLA may decide the method of appointment, pay rate, and retention for the hearing officer(s).Teresa Ablao (resume attached) currently presides over marijuana licensing matters for CommerceCity and her name is offered as the lead hearing officer. Stuart Shapiro (resume attached) iscurrently a blight hearing officer for the City of Thornton and has extensive municipal law and litigationexperience.Also, for urgent matters needing immediate attention and where the lead and backup hearing officersare unavailable, the attached resolution authorizes the City Manager to find a hearing officer withexperience in municipal law and administrative hearings.RECOMMENDATION:Staff recommends Alternative No. 1, approve the resolution which appoints Teresa Ablao as theprimary and Stuart Shapiro as the alternate Marijuana Licensing Hearing Officers.BUDGET/STAFF IMPLICATIONS:Responses from prospective hearing officers demonstrate that the reasonable market rate for thisposition is 145 per hour. Prosecution of violations will involve continued efforts by the PoliceDepartment and the City Attorney's Office prosecutors. It is anticipated that a hearing officer may beneeded approximately six times per year.The revenues estimated to be derived from licensing Marijuana Establishments are expected to payfor the Hearing Officer's and staff related expenses.

MLA COMMUNICATIONPAGE2ALTERNATIVES:1. Approve the resolution which appoints Teresa Ablao as the primary and Stuart Shapiro as thealternate Marijuana Licensing Hearing Officers.2. Approve the resolution with amendments as directed by the Marijuana Licensing Authority.3. Do not approve the resolution and give authorization to the City Manager to enter into agreementswith a hearing officer.BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY: (includes previous City Council action)The Marijuana Licensing Code requires the appointment of a hearing officer to hear certain mattersand violations related to the operation of marijuana establishments. Council previously approved theMarijuana Licensing Hearing Procedures and Sentencing Guidelines which the appointed hearingofficer(s) will be expected to follow. Once the marijuana establishments are open for business, anymodifications to their current physical buildings or management structure will need to be approved bya hearing officer. Additionally, the hearing officer will preside over hearings regarding violations of theThornton Marijuana Licensing Code, which has also encompassed the State of Colorado Regulationsrelated to the operation of Retail and Medical Marijuana Establishments. Any appointed hearingofficer should be able to adequately familiarize himself or herself with the Thornton City Code,Marijuana Hearing Procedures, Sentencing Guidelines, and the State Retail and Medical MarijuanaCodes.Teresa "Tree" Ablao has extensive experience hearing cases in both judicial and quasi-judicialsettings over the last 17 years. She is a part-time presiding judge for three Colorado municipalitiesand a relief judge in four other municipalities. Ms. Ablao also has experience acting as the local liquorauthority currently in Windsor and Commerce City, as well as the local marijuana licensing authority,currently for Commerce City and previously for Boulder. Additionally, she serves as anadministrative hearing officer for Fort Collins and Commerce City to adjudicate protests of civilinfractions and appeals. These appointments together occupy approximately 20 hours per month.Ms. Ablao also enjoyed a long career in municipal law (beginning in 1994) in the Fort Collins andLoveland City Attorney's Offices, and retired this year. She has a strong work ethic and a reputationfor high quality work, integrity, and a commitment to enforcing the laws and ordinances adopted bythe municipality.Mr. Shapiro has over thirty years of varied legal experience and currently serves as a blight hearingsofficer for the City of Thornton. He has litigated in administrative cases and in court cases at thefederal, state, and municipal level. He has worked on numerous administrative cases on appeal as alaw clerk at the Kansas Supreme Court and worked on administrative matters while with the FDICand in private law practice. He has litigated over twenty jury trials and innumerable bench trials andother hearings. He learns the rules of the forum and the applicable procedure. Mr. Shapiro handledmunicipal law matters when he worked at the Denver City Attorney's Office from 2007 to 2016. Hehas crafted briefs, memoranda and orders, made oral arguments and always produced a high qualitywritten legal work product. Mr. Shapiro has a reputation for being calm and fair in his assessment ofthe facts and follows the law.

MLA COMMUNICATIONPAGE3Teresa AblaoAttornev at Law2061 Shavano Pl. Loveland, CO 80538970-420-2049treeab@qmail.comEDUCATION and LICENSES Juris Doctor, University of ColoradoB.S. cum laude, Western Michigan UniversityAdmitted to the Colorado BarFederal District Court-ColoradoMay 1988December 1984October 1988December 2004EXPERIENCEAblao Law LLCLoveland, Colorado. November 2009 to present.Private practice of law providing legal, quasi-judicial and judicial services to governmental entities Presiding Municipal Judge for the towns of Windsor, Hudson and Wellington Associate Judge for city of Fort Collins, city of Greeley, and town of Erie Administrative hearing officer-Neighborhood Services for Commerce City Liquor Licensing Authority for the town of Windsor and Commerce City Marijuana Licensing Authority for Commerce City Special prosecutor for town of MillikenLiquor Licensing AuthorityWindsor, Colorado. June 2013 to present. Make all quasi-judicial and administrative determinations pertaining to the issuance, transfer,renewal, suspension and revocation of liquor licenses within the Town of Windsor corporateboundaries.Comm erce Citv, Colorado. August 2010 to present.Administrative Hearing Officer Neighborhood Services -Interpret municipal and land use/development code provisions in aquasi-judicial setting; adjudicate protests of civil infractions and appeals of certainadministrative decisions. Liq uor Licensing- Make all quasi-judicial and administrative determinations pertaining to theissuance, transfer, renewal, suspension and revocation of liquor licenses within the City ofCommerce City boundaries. Marijuana Licensing -Make all quasi-judicial and administrative determinations pertaining tothe issuance, transfer, renewal, suspension and revocation of marijuana business licenseswithin the City of Commerce City boundaries.Assistant City AttorneyLoveland, Colorado. April 2012 to present. Currently contracted on a part-time, hourly basis to complete revision of Loveland PoliceDepartment policy manual. Previously, legal advisorto Police Department, Fire and RescueAuthority, Northern Colorado Airport Commission, Liquor Enforcement, Museum, Library andRisk Management. Draft intergovernmental agreements, contracts, policies, resolutions andordinances for various departments.

MLA COMMUNICATIONPAGE4Senior Assistant City AttorneyFort Collins, Colorado. December 1994 to March 2010. Advised various City departments, conducted liquor license application reviews,prosecuted liquor violations before the Liquor Licensing Authority; supervised MunicipalCourt prosecution team; drafted ordinances, administrative rules and regulations pertainingto medical marijuana businesses, liquor licensing, administrative procedures for civilinfractions and parking services violations; and drafted intergovernmental agreements,contracts, resolutions and ordinances for various city departments.Deputy District AttorneyEighth Judicial District, Colora do. 1989 t o 1994. Prosecuted traffic, petty offense, misdemeanor and felony criminal cases in county,juvenile, and district courts in the gth Judicial District. Other duties included generaltraining for law enforcement and litigating civil forfeiture and appellate cases.PROFESSIONAL ASSOCIATIONS, VOLUNTEER ACTIVITIES and AWARDS Colorado Municipal Judges Associationlarimer County Bar AssociationColorado Bar AssociationColorado Women's Bar AssociationAsian Pacific American Bar Association8th Judicial District Judicial NominatingCommitteeCMl Juvenile Justice CommitteeJuvenile Services Planning Commission-SenateBill94National law School Moot Court, JudgeColorado High School Moot Court, JudgePoudre School District Teen Court ProgramPoudre School District Advisory Team Thompson Valley Preschool, Board of Directorslaramie River Valley Rendezvous, ExecutiveBoard memberChildsafe, Inc., Past Board PresidentFort Collins Police Services Meritorious ServiceAward 2003Metro Municipal Attorneys Association 2005Outstanding Assistant City Attorney Awardloveland Fire Rescue Authority Citizen ServiceAward 2013loveland Police Chief's Cornerstone Award2014PRESENTATIONS/LECTURES "Plea Bargaining-Ethical, legal and Practical Considerations". CMl Prosecutor Boot Camp,2014."Department of Human Services and law Enforcement Obligations and Liabilities". loveland,May 2009."First Amendment and Special Event Regulations", Co-presenter. CMl Conference, , October2008."Undue Concentration and the Colorado Liquor Code". CMl Conference, October 2006."legal Issues Enforcing the Fire Code". National Association of Fire Marshals Symposium,loveland, November 2006."Dealing with Nuisances Effectively". CMl Conference,, June 2005."Code Enforcement Investigations". Colorado Association of Code Enforcement Officers, FortCollins, September 2005.Teresa Ablao 2061 Shavano Pl. Loveland, CO 80538Attorney at Law 970-420-2049 treeab@gmail.com

MLA COMMUNICATIONPAGE 5STUART SHAPIRO1945 South Emerson Street Denver, CO 80210 303.870.5526 Stuartxyz gmail.comPROFILE:Broad range of experience: contracting, regulatory, litigation management, leasing, financialservices, real estate, government and general business issues.EXPERIENCE:Denver City Attorney's Office2007- 2016 Complex federal and state court litigation, including civil rights, torts and employmentcases.In-House Counsel, Denver, CO1999-2007First United Bank, Matrix Capital Bank, U.S. Escrow Services, Inc., and Grynberg PetroleumCompany. Complex federal court litigation and arbitrations, including False Claims Act, oil and gasroyalty and securities cases. Handle litigation matters from inception through completion, and draft and negotiatetransactions and commercial contracts, including real estate, loan, escrow, factoringand title issues. Handle all litigation and real estate transactional matters for bank with ten branchesand with hundreds of millions in deposits, including compliance with federal and stateregulations.Law Practice, Denver, CO1996- 1999 Represented clients in litigation and commercial transactional matters. Litigationinvolved real estate, banking law, equipment leasing, financial services, real estate andbankruptcy issues.Federal Deposit Insurance Corporation, Senior Attorney, Denver, CO & Irvine, CA 1990- 1995 Handled complex commercial litigation, which included real estate, leasing, claims,insurance, lender liability, environmental, U.C.C., federal statutory construction,promissory note and guarantee, and title issues.Curfman, Harris, Borniger & Rose, Wichita, KS1987- 1989 Handled commercial and banking litigation involving contract disputes, employment,product liability, aircraft and railroad accident litigation.Sedgwick County District Attorney's Office, Assistant District Attorney, Wichita, KS 1984 - 1987 Conducted jury and bench trials involving homicide, fraud, robbery and burglary, andchild maltreatment.Kansas Supreme Court, Research Attorney, Topeka, KS1982- 1984 Conducted research and drafted memoranda on appeals before Kansas' Highest Courtinvolving tort, contract, statutory construction, criminal, administrative, and corporatematters.

MLA COMMUNICATIONPAGE6EDUCATION:Juris Doctor, Washburn University law School, Class rank: Top 10%, Cum Laude, Topeka, KS Member, Washburn Law JournalBachelor of Arts, University of Connecticut, Storrs, CT

RESOLUTIONA RESOLUTION APPOINTING TERESA ABLAO AS THE LEAD HEARING OFFICERAND STUART SHAPIRO AS THE ALTERNATE HEARING OFFICER FOR THE CITYOF THORNTON TO CONDUCT MARIJUANA LICENSING HEARINGS ANDOTHERWISE ACT PURSUANT TO ARTICLE X OF CHAPTER 42 OF THE CITYCODE AND AUTHORIZING THE CHAIRPERSON TO ENTER INTO SERVICEAGREEMENTS.WHEREAS, the City Council enacted Article X of Chapter 42 of the City Coderelating to Marijuana Licensing on August 24, 2016; andWHEREAS, Section 42-709 designates the incumbent members of the Council asthe Marijuana Licensing Authority; andWHEREAS, Section 42-709 also requires the Marijuana Licensing Authority toappoint a hearing officer to conduct marijuana license hearings; andWHEREAS, the Marijuana Licensing Authority has determined that both TeresaAblao and Stuart Shapiro are highly qualified and will be committed to effectively servingas hearing officers; andWHEREAS, the Marijuana Licensing Authority wishes to enter into an agreementwith Teresa Ablao to provide primary Marijuana Licensing hearing services; andWHEREAS, the Marijuana Licensing Authority wishes to enter into an agreementwith Stuart Shapiro to provide alternate Marijuana Licensing hearing services; andWHEREAS, the Marijuana Licensing Authority understands that it may not alwaysbe possible to schedule a hearing with Ms. Ablao or Mr. Shapiro and wishes to authorizethe City Manager to contract with a hearing officer when Ms. Ablao and Mr. Shapiro arenot available.NOW, THEREFORE, BE IT RESOLVED BY THE MARIJUANA LICENSINGAUTHORITY OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:1.That the Marijuana Licensing Authority appoints Teresa Ablao to serve asthe primary Marijuana Licensing Hearing Officer and Stuart Shapiro as thealternate Marijuana Licensing Hearing Officer. The City Clerk shall havethe discretion to assign hearing matters.2.That the Chairperson is authorized and directed to execute any necessaryagreements and the City Clerk to attest the agreements. The rate of payshall not exceed a total of 145 per hour.

3.That the City Manager is authorized, for urgent matters, to contract with ahearing officer in the event that Teresa Ablao and Stuart Shapiro areunavailable so long as the terms of service are substantially the same.PASSED AND ADOPTED at a regular meeting of the Marijuana LicensingAuthority of the City of Thornton, Colorado, on, 2017.MARIJUANA LICENSING AUTHORITYHeidi K. Williams, ChairpersonATIEST:Kristen N. Rosenbaum, City Clerk2

Teresa Ablao (resume attached) currently presides over marijuana licensing matters for Commerce City and her name is offered as the lead hearing officer. Stuart Shapiro (resume attached) is currently a blight hearing officer for the City of Thornton a

Related Documents:

THE LIFE OF TERESA OF JESUS The Autobiography of Teresa of Ávila TRANSLATED & EDITED BY E. ALLISON PEERS FROM THE CRITICAL EDITION OF P. SILVERIO DE SANTA TERESA, C. D. Scanned by Harry Plantinga, planting@cs.pi

A01 , A02 or A03 Verification of prior exempUcivil after exempt service must be on file with the X appointment (when appointing power. there is no break in service). A01 , A02 or A03 (to Copy of employee's retirement PM PPM X a permanent release letter from PERS must be 311.5, 360.3 appointment) after a on file with the appointing power.

G. Motion No. 2017-01 . Appointing Susan Coulter, Kat Flores, Maria Villalpando Ramos, Chelsea Roberts and Barbara Vest to serve on the Arts Commission through October 15, 2019. H. Motion No. 2017-02 . Appointing Michael Arnett and Maria Villalpando Ramos to serve on the Public Safety Advisory Commit

Rosewood, Shandon, or Hollywood-Rose-Hill-Wales Garden neighborhoods) – Mr. Malinowski stated that the committee recommended re-appointing Ms. Lindsey Ott and appointing Ms. Lynn Hutto. In Favor: Malinowski, Pugh, McBride, Livingston, Terracio, J. Walker, Barron, O. Walker, Mack

the SharePoint with desktop applications (for example, importing tasks into Outlook). 2. Appointing SharePoint project managers. Appointing a small number of members to manage the SDC project sites would ensure that sites remain organized and functional. By implementing these recommendat

Page 1 of 3 LA022985/16 Fair Credit Reporting Act Disclosure & Authorization Disclosure Of Use Of Consumer Reports As part of the appointing and/or contracting process, The Lincoln National Life Insurance Company and its affiliates (hereinafter, Lincoln), request consumer reports on prospective producers.From time to time after appointing and/or contracting, Lincoln reserves

8. Electing vacancies in the Board of Directors; 9. Appointing Committee Chairs; 10. Appointing the Auditors for the fiscal year; 11. Volunteer appreciation; 12. Adjournment 2021 EOOC Executive Officers President - Judy Cornish Secretary - Karen Brownlee Treasurer - Al Nilson Directors Membership - Marilyn Edmunds

API –1.0.0 System Reads (user accounts, labor codes, and other configruations) Customer Read Equipment Read Equipment Hour Meter Write Product Read Inventory Read Work Order Read / Write Time Read / Write File Read / Write Web hooks for: Work Order status changes Work Order confirmations (tech, customer .