Mayor Emmet D. Embody called the meeting of the Cut Bank City Council to order at 6:35 PM, Tuesday March 30, 2010. The following council members answered roll call: Tim Curtiss, Tom Shock, Kelly Solberg and William McCauley. Clerk-Treasurer Diana Filban, City Superintendent Jim Suta, Police Chief Jeff Kraft and City Attorney Robert Smith were also in attendance. All present stood and recited the Pledge of Allegiance.

Mayor Embody asked Attorney Smith the difference between our enforcing an ordinance and an MCA law as far as where the money goes. Attorney Smith said the ordinance fine stays within the City revenue. If it is State law, one-half goes to City and one-half to the State and any surcharges which may apply.

Councilperson Shock said his concerns were a lot of things in the litter ordinance had laws which already existed. He said he would also like to look at our enforcement policy. Attorney Smith said Councilperson Curtiss had some of the same concerns. Attorney Smith said he felt there is a need for a litter ordinance whether it is the one we have in front of us right now or not. Attorney Smith stated if I am walking along one of the city streets and I throw down a fast food drink cup, there is currently nothing in our ordinances to cover that. Attorney Smith explained how the drafts of the litter ordinance have evolved. Attorney Smith said the private citizens he has heard from regarding the ordinance have to do with the City intruding too far into private property; therefore the current draft addresses some of those concerns. Attorney Smith went on to explain further how he rewrote the section regarding private property as to allow normal things such as wood piles or compost piles on private property. Attorney Smith also addressed areas where businesses by nature of what they do may have been in violation of the litter ordinance. Superintendent Suta said as the litter ordinance now reads, he has no problem with it. Attorney Smith said the enforcement of the litter ordinance will have to use common sense as it becomes enforceable.

Councilperson Curtiss said one of his biggest issues is why are the ordinances and laws that we now have not being enforced. Mayor Embody asked if there was a problem having laws in two different places. Attorney Smith said if there is some redundancy between the litter ordinance and the nuisance ordinance, it is not a bad thing. Attorney Smith said in the past when some of the charges regarding nuisance problems where brought before the court they were dismissed.

Councilperson Shock said that the City can go in clean up problem areas and charge the individual property owner for that or it can end up on the tax rolls. Attorney Smith said yes we can, but there are a notices and rules to follow that are cumbersome in order to do that.

Councilperson Curtiss asked how is the new litter ordinance going to be enforced if the old ordinances have not been. Mayor Embody said Police Chief Kraft has agreed to write citations on the new litter ordinance. He also said he cannot speak for why the ordinances have not had citations written or been enforced by the Judge. Police Chief Kraft said the same thing he cannot speak for what has happened before. Police Chief Kraft said we can and will enforce them if it is the mandate of the Council. He also noted his officers will have to be trained in regard to these ordinances.

Councilperson McCauley said we can be a police state and we can make sure everything is enforced but you will see me close my doors because I want to live in a town with common sense. Councilperson McCauley said he feels people will move out and not come into the town because of the strict enforcement of litter laws. Mayor Embody said it is a matter of what is socially acceptable and that is what needs to be accomplished. Mayor Embody said your point is well taken Councilperson McCauley. Mayor Embody said this will be for the obvious problems. The goal is to have people no longer accept the litter problem and work on it one person at a time.

Councilperson McCauley noted some of the solid waste ordinances have old information in them. Superintendent Suta said changes were made years ago and the ordinance does not reflect the changes that took place.

There being no further business to come before the council, Councilperson Shock moved to adjourn the meeting at 7:50 PM. Councilperson Solberg made the second motion. The motion carried 4-0.