TOWN TO PREPARE ORDINANCE TO BAN DISPENSARIES

In a decision which could reverse a previous ordinance, the Town of
Buena Vista Trustees July 27 approved a motion 5-1 directing town
employees to prepare an ordinance to ban medical marijuana
dispensaries in Buena Vista.

Trustee Duff Lacy voted nay. In May, the trustees approved an
ordinance allowing and regulating dispensaries.

At the regular meeting at the community center, the motion for a
proposed ban followed public comments from a standing-room-only crowd.
After the public comments, town attorney Jeff Parker said the
trustees' legal options were to review the two applications on the
agenda and approve, deny or conditionally approve. The trustees also
had the option to continue the public hearings on the two
applications. Another option is to rescind the ordinance allowing
dispensaries and to ban them, he said.

A proposed ordinance for a ban could come before the trustees at a
meeting Aug. 10 or Aug. 24.

"A motion for a ban could fail (at the future meeting)," trustee Jerry
Steinauer said.

The 50 people who signed up for comments included educators, drug and
alcohol counselors, Buena Vista Correctional Complex employees,
members of the Buena Vista Ministerial Alliance and people who
identified themselves as former drug users.

Concerns included effects on young people, attraction of people to the
community who want to get the drug, drug abuse, crime and increase of
drugs available. Concerns were expressed about problems of regulating
the amount of marijuana prescribed and about prescriptions being
shared with other people.

One of the speakers, Brian Dengler of the ministerial alliance,
submitted a petition for a ban.

Buena Vista School District R-31 superintendent Robert Crowther said
he was speaking on behalf of the school district and board of
education. He said they were against putting in a dispensary anywhere,
"especially on East Main Street." He said it would be hard to teach
children about the harmful effects of drugs when every day on the way
to school they walk by a dispensary on East Main Street.

"We've put a lot into drug education" he said.

The public hearings for the two applications were continued to Aug.
10. One application was from Daniel Hamme and Clarice Basti to open a
dispensary at 204 E. Main St. and the second was from William Malone
for a dispensary at 109 Brookdale Ave.

During the public hearings, Hamme addressed the concerns of the
public. He talked about the use of marijuana versus the use of
pharmaceutical drugs to alleviate discomfort for cancer patients.

"This is a natural medicine that relieves numerous conditions," he
said.

"Not one person came to town board meetings when it was talked about
. a number of people have talked to me. You do not have a right to
make decisions for these people based on your own moral decisions. It
is a silent group of people afraid to speak because of people like
you."

In response to concerns of having an effect on youth, he said the law
says he could not sell to people under 21 years old.

Trustee Carrie Carey talked about the comments about approval for "the
money" or revenue increases for the town. She said she did not vote
(in May) to allow dispensaries for the money. "It was empathy for the
patients," she said.

Malone said a ban would be denying constitutional rights. If there is
a question on being able to open a dispensary, he would not follow
through on the state application, he said. State licensing would be
the next step in the process for opening a dispensary. Malone said the
state application fee is $14,000.

Another item generating public comments was a new ordinance regulating
adult-oriented businesses. Several people spoke against them including
the owner of the Buena Vista True Value. Quenon said he and the board
of directors would not have made that investment (in the new True
Value store) if there had been marijuana dispensaries and adult
entertainment in Buena Vista. He said the "two venues (medical
marijuana dispensaries and sexually oriented businesses) were very
detrimental."

Luke Cortese asked the trustees "to continue to make this community
something to be proud of."

Town planner Shannon Haydin talked about why the town was developing
an ordinance to regulate adult-oriented businesses. Earlier this year,
when a local resident brought up the topic, Haydin checked and found
the town had no ordinance in place to regulate adult-oriented
businesses. The trustees enacted a moratorium and town employees
crafted an ordinance. Because of First Amendment rights, the town has
to allow sexually oriented businesses, she said.

The new ordinance allows adult-oriented businesses in the industrial
zone by Gregg Drive and sets a 1,000-foot limit from residences,
churches, parks, community centers, libraries, schools, day-care
centers and other adult-oriented businesses.

The trustees added to the ordinance, "no activity inside shall be
viewable from the exterior." Mayor Joel Benson added the
recommendation from the planning and zoning commissioners to have "no
private rooms or screened areas are permitted (on the premises) other
than for employees." The ordinance was unanimously approved.

In other business, the trustees approved volunteer agreements for a
pump track and for a disc golf course. The new bicycle pump track is a
community service project of a local bike club, Ark Valley Velo. Ark
Valley Velo will design, construct and manage a new bike park located
on town property east of South Main subdivision. The town will provide
water, land and ongoing maintenance. The municipal disc golf course
will be located in Buena Vista River Park.

Club will construct and maintain the course. The town will empty trash
cans and install a gravel parking lot. Funds for both projects are to
be donated by businesses and individuals.

In other action, the trustees approved amendments and supplemental
appropriations for the 2010 budget. Among the amendments were an
increase of legal fees of $40,000 and a $2,000 increase in the
election budget. The transfer to the airport fund was reduced by
$25,000 to $165,000. Added to the community center budget was $3,500
for the replacement of the shower heating system for the community
showers.

In planning for the 2011 budget, the trustees will be hearing reports
from the town's advisory boards. At this meeting, they heard a report
from the tree board representative Kristin Krasnow, who reviewed the
board's accomplishments and expenditures. The tree board requested a
budget increase to hire a professional to inventory the town trees.
Trail board representative Kathy Hoerlin talked about completion of
the trail on the east side of Arizona Street to Cottonwood Creek by
the fall of 2010. She said the town recently received a grant for
construction of a bridge on Cottonwood Creek near Arizona Street. The
trustees' budget meeting is Saturday, Sept. 25.

In other business, the trustees:

. approved a new development code. The new code "codifies exactly what
the town is looking for (from builders and developers)," town engineer
Rachel Friedman said. She said it is more specific and "there's not as
much room to debate things;"

. denied a motion 3-2 to have a wood carver complete only one tree
carving. The possibility of doing one carving instead of two for a
savings in cost was discussed. Gertson said the tree in Columbine Park
designated for carving was rotten and could not be carved. The carver
could provide a tree for the second carving, he said. Steinauer and
Carey voted yes to the motion for doing one tree carving. The second
tree being carved is in McPhelemy Park. The trustees in July approved
a contract of $8,000 for two carvings;

- - received information from Carle Linke regarding the tire shop at 102
Brookdale Ave. She asked for a response to her letter about "zoning
violations" at the address;

- - directed town employees to work on a contract with Olsson Associates
for civil engineering; and

- - discussed a proposal for the Leesmeagh Ditch dry-up. There is a cost
for adding drainage to expedite the dry-up, town administrator Sue
Boyd said.

At a short board of adjustments meeting before the regular meeting,
the trustees set a hearing date of Aug. 10 for an appeal of a denial
by the zoning enforcement officer for property located at 430 Crossman
Ave. Steve Jacobson appealed the decision.

On Aug. 2, town clerk Diane Spomer said the trustees took no action
following an executive session for receiving legal advice on specific
legal questions pertaining to zoning at 102 Brookdale Ave.