MANHATTAN TOWN COUNCIL REGULAR MEETING
JULY 13, 2010 DRAFT !

Mayor Tony Haag called the meeting to order in the Town meeting room, at 120 West Main at 7:45 P.M. Present were Council Members Craig Bergstedt, Tyler Richardson, and Dan Ryan. Gregg Dietz was excused. Also present were Town Superintendent Stuart Cooper, Police Chief Dennis Hengel, Clerk/Treasurer Vicki Ellison, and Deputy Clerk/Treasurer Pam Humphrey along with a few citizens.
PUBLIC COMMENT
Pete Visser, 214 N 4th: He has two issues. Number one – In Oct, it was stated that the Town would let people know how much water they were using prior to bills. He has not seen the estimate. He also asked for the status of the meter project, are they all in? Number two – He called the Mayor and stated that the Mayor did not call him back.
Mayor Haag: Number one - The office has been taking practice readings and those numbers are available to anyone who wants them. Leak letters have been sent out to anyone that has a leak showing up. Two pits are all that is left. Number 2 – The call was returned and a message was left. The Mayor provided the time and date after the meeting.
Patty Hebner, 6617 West Dry Creek Road: She reminded everyone of the Potato Festival on August 21, 2010. Volunteers are still needed to help and have fun.
Wendy Houghton, 115 N Broadway: She had several issues to comment on. 1. She really appreciates that Manhattan Ave was paved this spring. She is concerned that the edges still need to be filled in with gravel. There was a lot of standing water there and she was concerned that it may wash out. 2. She requested that the Council give the Auto Inn a grandfathered clause to let them run the fountain and not be charged. 3. She stated that the Parks are not taken care of as good as usual. She feels that the Parks need more upkeep for safety. 4. She is concerned why standing water is not draining at some intersections in Town.
Dave Hebner, 6617 West Dry Creek Road: At the last meeting he asked about changing the night of Council meetings. He asked the Council to take action on changing the night so people can attend both the School Board and Council meetings.

PLANNING BOARD REPORT
None
ORDINANCE NO. 10-002 MEDICAL MARIJUANA:
Reading of Public Hearing Notice
Public Hearing
Donna Gonzalez, 315 E Gallatin: She is not a recreational user, caregiver or patient. She manages at Urgent Care in Bozeman and sees people in chronic pain on a routine basis. She also sees a lot of people addicted to opiates also. She stated that Montana voted to pass this ordinance for a reason. She feels that marijuana has a place as a valid medical treatment. Gonzalez encouraged the Council to look at what the majority of Montana people wanted. She feels it is negligent to just say we can’t have it here in Manhattan. Gonzalez urged the Council to regulate it and get more income from it. She relayed that Bozeman has determined that there is no financial impact on police, etc, it is just more visible. She cited an example of a user that is being greatly helped by the pain relief they get from marijuana. She asked the Council to base their decision on the facts. She lives next to a patient who grows their own. She has not noticed any increased traffic or abuse. Requirements are needed to keep track of providers and care givers. She hasn’t seen what may happen in terms of the horror stories. She doesn’t think that medical marijuana will create an issue in the schools.
Wendy Houghton 115 N Broadway: She does foster care. Most of the children are there because of abuse, neglect, and a large percentage of the parents are addicted to various drugs. She stated that it impacts the children. She feels that medical marijuana cards are being distributed, at times, without true purpose. She agrees that some people truly need it, but the distribution is the problem. She runs a daycare and does not want anyone in her neighborhood selling pot or medical marijuana. She does not want it in the school system. She cited an example of students in another town with medical marijuana cards taking marijuana on a school trip. She does not want that in her community. People with chronic pain should receive medication, but it needs to be regulated. The state legislature needs to address some of the issues. She feels that the community needs to be protected until State can figure out a better way to regulate it. This is a drug, needs serious consideration and regulation. She urged the Council to think about the impact on the community.
Steve Gonzalez, 315 E Gallatin: He stated that there is a distinction between recreational users and medical users. This is just another option for people to manage pain. Bozeman dealt with it well in terms of areas where it is allowed in that city. It definitely needs better regulations. There has been an abuse of it already in terms of how easy it is to get a card and some of the card distribution tactics of the distributers. It does have a place. Caregivers would be in the public eye and observable by police. Better legislation is needed.
Jack Dyer 216 E Washington: He spoke in favor of the ordinance as read. Medical reasons are valid, but not in communities. If it is a medicine, it should be obtained from a pharmacy.
Dennis Hengel, Chief of Police: He clarified some points. Police departments do not know where medical marijuana is grown right now. It is not reported to the police departments. The State will not provide that information. It has to be specifically requested to find out if a residence is a medical marijuana provider at the time. The Manhattan Police Department has already seen issues in the school with thirteen and fourteen year old children. They have a perception of “why is it a problem, why can’t I smoke dope, it’s a medication”. It will increase the workload in the community if we have providers. He cited some examples of criminal actions and violence involving providers.
Pete Visser, 214 N 4th: He asked if people be on the streets smoking. He has a problem with that.
2 written comments were sent by registered patients urging council to allow caregivers in Manhattan.
Discussion and Decision
Motion- Ryan; Second- Bergstedt; Vote- Unanimous: Motion passed to approve Ordinance No. 10-002, an ordinance prohibiting any property in the City of Manhattan to be used by a Care Giver, as defined by MCA 50-46-102, to grow, manufacture, produce or distribute marijuana, effectively amending Title 10, Section 1 of the Manhattan Municipal Code.
Mayor Haag: He stated that if medical marijuana is going to be allowed in the State of Montana, then the State needs to regulate it. Manhattan does not have the manpower to police any problems that may arise. He agrees that medical marijuana can help people. But he doesn’t agree with the current legislation. He is concerned that people can get a medical marijuana card and buy their first prescription from a provider, then they are looking for a cheaper source on the street. There has been a murder in Kalispell and firebombs in Billings. Our community should not have to police that. He is in favor of not allowing medical marijuana caregivers in Town at all.
Council discussion included too much gray area even though there are valid points of the benefits. Right now no one even knows where the marijuana is coming from. Ryan does not have a problem with patients growing and using their own marijuana in their own homes. It would be a problem if it goes outside their household. The State needs to straighten out the problem. They felt that the Council needs to err on the side of caution. There is not enough control. They feel that there is a need for it as a medication, but it is still widely used as a recreational drug. It starts to affect the community in a larger part. People that are patients are allowed to grow up to six plants for themselves. More guidelines are needed from the State. People can grow their own if needed, so they don’t need caregivers. They felt that it is difficult to start from a place where drug is so widely used for recreation. They stated that having caregivers in Manhattan could also bring in other customers, not just citizens. They stated a need to wait to see what the state will do. There are too many issues for the Town to address.
CHICKEN APPLICATION
Murray and Brenda Townsend, 211 Valley
Motion- Richardson; Second- Bergstedt; Vote- Unanimous: Motions passed to approve the chicken coop application for Murray and Brenda Townsend at 211 Valley.
The application meets the requirements of the ordinance and the neighbors have signed the application.
PRELIMINARY BUDGET 2010-2011
Review and Approval
General Fund: Last year -$44,969, this year +$29,932
Water: Last year -$7,616, this year +$70,710 because of grants received
Sewer: Last year -$66,271, this year -$21,954 because of rate increases in January. The Town has asked the state for another year of principal forgiveness. If growth and/or add-ons don’t happen, sewer rates could go up again. New testing at the plant has also increased costs.
Streets: Last year +$1,478, this year +$7,811
Fire Dept: Last year +$29,433, this year -$13,580 because of equipment purchases. The fire department has a good reserve.
Police Dept: Last year the dept exceeded the budget by approx $10,000. $6000 of that was for union negotiations. The other $4000 was for vehicle repairs and overtime for the Chief while the other officers were gone. Chief Hengel requested an additional $6000-$8000 for vehicle maintenance and repairs. The department also needs to purchase gear for two new officers. The Council agreed to approve an additional $7000 for the police department.
Public Hearing for Citizens scheduled for 8-10-10
BUDGET AVAILABLE AT THE TOWN OFFICE FOR REVIEW
BUDGET APPROPEATIONS 09-10
Motion- Ryan; Second- Richardson; Vote – Unanimous: Motion passed for the budget appropriations that were not part of the original budget for 09-10.
CTEP sidewalk - $9703
Tree trimming equipment - $3866
Compactor - $4500
Railroad park fence - $9800
CONSENT AGENDA
Motion- Richardson; Second- Ryan; Vote- Unanimous: Motion passed to approve the consent agenda.
Approval of Minutes- Regular Meeting minutes from June 8, 2010 and Special Meeting minutes from June 29, 2010.
Claims- Dated 5/09/10 – 7/13/10 totaling $ 266,076.69 including payroll.
Town Licenses- Barry’s Lawn Care
ADJOURN
Motion- Ryan; Second- Richardson; Vote- Unanimous: Motion passed to adjourn the meeting.