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BUT, UH, WE GOT SOUND NOW, SO GOOD TO INITIATE THE MEETING.[ CITY OF HUBER HEIGHTS STATE OF OHIO Ordinance Review Commission January 20, 2021 6:30 P.M. Remote Meeting ]
UM, TONIGHT IS, UH, JUNE, JANUARY 20TH, 2021 AT 6:33 PM.I'M CALLING THE MEETING OF THE HUBER HEIGHTS ORDINANCE REVIEW COMMISSION TO ORDER, UH, TONY, WOULD YOU PLEASE CALL THE ROLL? YES.
UH, MR. ELLIS HERE, MR. FANNON, UH, WILL NOT BE PRESENT.
HE LET US KNOW THAT HE WAS UNAVAILABLE TONIGHT, UM, DUE TO AN ILLNESS IN HIS FAMILY.
UH, MR. HENDRICKS, DEAR MR. KITCHEN.
UH, ITEM TWO ON THE AGENDA IS APPROVAL OF THE MINUTES FROM THE DECEMBER 16TH MEETING, UH, WHICH WAS, UH, SENT OUT TO ALL THE MEMBERS OF THE COMMISSION.
I ASSUME EVERYONE HAS HAD A CHANCE TO REVIEW THEM.
AND, UH, ARE THERE ANY QUESTIONS OR COMMENTS ABOUT THE MINUTES THEMSELVES? SORRY, SEEING NONE.
UH, THEY WILL BE APPROVED AS SUBMITTED.
ITEM NUMBER THREE, TOPICS OF DISCUSSION.
UM, STARTING FIRST WITH, UH, THREE EIGHT, THE LEGISLATION WORKSHEETS REVIEW.
UM, UM, I GUESS WHAT I, I LOOKED AT AND I WENT THROUGH AND I KIND OF INDICATED WHAT I THOUGHT WERE STILL OPEN ITEMS THAT NEEDED TO BE, UH, AT LEAST ADDRESSED IN EITHER, UH, PUT TO BED TONIGHT OR PUSHED BACK TO ANOTHER MEETING FOR FURTHER CONSIDERATION, DEPENDING UPON, UH, STAFF REVIEW.
UM, THE, THE FIRST ONE THAT I THINK WAS OPEN WAS THE SECTION ONE 25.02.
IS THAT CORRECT? TRYING TO FIGURE OUT IF MY NOTES ARE CORRECT OR NOT.
UH, WE HAD, UH, ALREADY AGREED TO INCORPORATE THAT INTO THE LEGISLATION FOR PART ONE.
I WILL JUST MENTION ON A ONE OH THREE THAT WAS OPEN.
UM, I WAS GOING TO SEND THE LEGISLATION FOR THE CITY FLAG TO BE CODIFIED AS PART OF OUR, UH, CODIFICATION PROCESS.
UM, WHEN I WENT BACK AND RESEARCHED IT, UM, THERE WAS NO LEGISLATION ADOPTING THE FLAG.
IT WAS JUST DONE BY A SIMPLE MOTION OF COUNCIL.
UM, SO, UH, WHAT I'M GOING TO NEED TO DO IS, UM, WHEN I WRITE THE LEGISLATION TO MAKE THE CHANGES FOR, UH, PART ONE ADMINISTRATIVE CODE, I WILL NEED TO, UM, JUST ADD THE INFORMATION ABOUT THE CITY FLAG INTO THAT LEGISLATION, AND THEN IT'LL GET CODIFIED IN THAT MANNER.
UM, THERE'S JUST NO LEGISLATION THAT EXISTS, UH, FOR WHATEVER REASON THE CITY SEAL AND THE CITY FLOWER, UH, WERE ADOPTED BY LEGISLATION, BUT THE CITY FLAG WAS ADOPTED BY EMOTION.
SO THE STATUS WILL CHANGE FROM ME SETTING THAT TO MUDA CODE FOR CODIFICATION TO INCORPORATING THE REVISIONS, UH, INTO THE LEGISLATION FOR PART ONE.
MOVING FROM THERE THEN I THINK IT WOULD BE ONE 25 OH THREE WOULD BE THE NEXT ONE I WAS AWARE OF.
AND THEN, AND YOU WERE GOING TO, UM, UH, RESEARCH THE BACKGROUND AND, UH, WITH, UH, UH, THE LAW DIRECTOR ABOUT THE, UH, APPROPRIATENESS OF THE WORDS MAY VERSUS SHALL HAVE YOU HAD A CHANCE TO DO ANY OF THAT OR? YEAH, THE LAW DIRECTOR HAD ALREADY, UM, WEIGHED IN AND HIS LAST MEMO AT THE LAST MEETING ON THE MAYOR SHAO.
UH, HE DID NOT RECOMMEND CHANGING IT TO SHALL.
UM, HE, HE THOUGHT THAT THAT WAS TOO BINDING ON THE CITY, UM, TO MAKE IT A REQUIREMENT.
UM, AND I HAVE DONE SOME EXTENSIVE LOOKING AND I CANNOT FIND ANYONE OR ANYTHING THAT REALLY SPEAKS TO HOW THIS, UH, SECTION WAS CREATED OR THE PURPOSE FOR THIS SECTION.
SO, UM, JERRY WASN'T FAMILIAR WITH THE GENESIS OF IT EITHER.
UM, NO ONE SEEMS TO REALLY KNOW WHERE IT CAME FROM.
UM, UH, THE NEXT STEP WOULD BE FOR ME TO GO BACK THROUGH PAPER COPIES, UH, EACH YEAR OF THE CODIFIED ORDINANCES MOVING BACKWARDS, UH, BECAUSE THESE WERE BEFORE WE HAD IT IN ELECTRONIC FORM AND, UH, TO JUST LOOK YEAR BY YEAR, MOVING BACKWARDS UNTIL I CAN IDENTIFY WHERE THE CHANGE CAME FROM.
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PROBABLY A LITTLE MORE TIME CONSUMING THING.AND, UH, SO WE'LL JUST HAVE TO PUSH THAT ONE BACK.
UH, UM, THEN I THINK THE NEXT ONE THAT WAS AN OPEN ITEM WAS ONE 31, UM, OH NINE ABOUT THE MAILBOX REPLACEMENT, CORRECT.
UM, THAT HAS BEEN SENT TO THE PUBLIC WORKS MANAGER, UM, THREE TIMES, UH, FOR COMMENT AND I'VE RECEIVED NO FEEDBACK.
UM, I ALSO SENT IT TO HIS SUPERVISOR ON THE LAST ROUND OF EMAILS.
AND, UM, I DON'T HAVE ANY ANSWER FOR YOU THAT I'VE GOTTEN NO RESPONSE, UH, ON THAT ONE.
SO WE WANT TO, WE DO WE WANT TO JUST CARRY THIS ONE MORE MONTH, ONE MORE MONTH AND TRY TO GET SOME INFORMATION, I SUPPOSE, IF, IF WE GET NOTHING BACK, I, I GUESS WE COULD TAKE THAT TO MEAN THAT IT SEEMS TO BE WORKING, UH, THE POLICY THAT'S IN PLACE NOW.
SO YEAH, I'VE BEEN MAKING THE REQUEST IN WRITING, SO THERE'S A RECORD OF THE REQUEST BEING MADE, SO, OKAY.
UM, UH, THEN THE NEXT ONE WAS ONE 41.01, UH, THE BONDS, UM, AND THAT I DID, UH, TALKED TO JIM BELL, THE FINANCE DIRECTOR, AND, UM, THE WAY THAT IT'S CURRENTLY WRITTEN IN THAT SECTION IN THE CODE NOW, IT SAYS ALL MUNICIPAL OFFICERS AND EMPLOYEES SHALL BE BONDED IN THE AMOUNT OF $5,000 WITH THE FOLLOWING EXCEPTIONS.
AND THEN IT LISTS A COUPLE OF OTHER, UM, POSITIONS THAT HAVE DIFFERING, UH, BOND AMOUNTS.
UH, THE FINANCE DIRECTOR TOLD ME THAT, UM, WE NO LONGER HAVE INDIVIDUAL BOND AMOUNTS FOR INDIVIDUAL POSITIONS THAT, UM, IT'S ALL COVERED UNDER THE CITY'S UMBRELLA INSURANCE POLICY.
UH, UM, SO THERE'S NOT THIS DISTINCTION BY, UH, INDIVIDUAL POSITIONS.
SO, UM, HE SUGGESTED THAT I GO CONTACT THE HR DIRECTOR, GET THE INFORMATION, UH, UH, UH, THE BOND AMOUNTS AND THE UMBRELLA POLICY, AND THAT WE WOULD JUST REWRITE THIS SECTION TO, UH, COVER IT IN THAT WAY THROUGH THE UMBRELLA.
THAT ONE WILL, UH, ALL, ALL INCORPORATE INTO THE LEGISLATION, UH, BASED ON THE INSURANCE POLICY, BUT IT WAS DEFINITELY SOMETHING THAT NEEDED TO BE UP THERE.
UM, SO WE PAID FOR OUR SALARY THIS MONTH, HUH? YEAH.
I SAYING WE DON'T GET PAID ANYTHING PEOPLE THERE'S NO SPEED.
UM, UH, THE NEXT SECTION IS ONE 45.04 AND THAT'S DEALING WITH THE THOROUGHFARE PLAN.
UM, AND I THINK THAT THERE WAS SOME QUESTION IS WHEN IT WAS LAST REVIEWED AND IF A FURTHER REVIEW WOULD BE NASA SHOULD BE, UH, LOOKED INTO.
AND I DID TALK TO THE CITY ENGINEER ABOUT THAT ONE, AS WELL AS, UH, HIS SUPERVISOR, THE ASSISTANT CITY MANAGER, THEY BOTH REVIEWED IT AND THEY DO NOT THINK ANY CHANGES ARE WARRANTED TO THE THOROUGHFARE PLAN.
UM, W LIKE THEY SAID, MOST OF THE THOROUGHFARE PLAN TALKS TO MAJOR ARTERIES AND STREETS WITHIN THE CITY.
AND THERE HAVEN'T BEEN A SIGNIFICANT NUMBER OF CHANGES TO THOSE THOROUGHFARES AS THEY'RE CLASSIFIED.
UM, SO THEY'RE COMFORTABLE WITH A THOROUGH FAIR PLAN AS IT CURRENTLY STANDS, AND THEY DON'T FEEL THAT IT'S IN NEED OF ANY FURTHER UPDATES.
SO WE CAN MARK THAT ONE OFF THE LIST THEN.
UH, THEN THE, THE, UM, THE BOARDS AND COMMISSIONS, UM, AND, AND THAT ONE WAS, UH, DRESSED.
WE, WE WERE TALKING ABOUT, AND I THINK I WAS THE ONE THAT RAISED A CONCERN, A QUESTION ABOUT WHETHER OR NOT THERE WAS ANYTHING THAT REQUIRED ALL BOARDS AND COMMISSIONS APPOINTED, UH, IN THE CITY TO, YOU KNOW, FOLLOW, UH, OR ENACT BYLAWS TO FOLLOW WHAT'S IN THE HANDBOOK.
AND JERRY, UM, RESPONDED TO THAT, UH, IN HIS MEMORANDUM THAT WE ALL RECEIVED.
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I THINK HIS IS, YOU KNOW, AS LONG AS I THINK FROM MY PERSPECTIVE, AS LONG AS ALL THE BOARDS ARE OPERATING UNDER THE COMMISSION, YOU KNOW, HANDBOOK, THEN I'M OKAY WITH, I THINK, YOU KNOW, UH, BUT I THINK I SOMEHOW, PROBABLY IN THE ENABLING LEGISLATION THAT CREATES THE COMMISSION, I THINK THERE SHOULD BE SOME REQUIREMENT BY COUNCIL THAT THEY FOLLOW THE HANDBOOK.BUT I KNOW THAT, I MEAN, THAT'S NOT SOMETHING THAT WOULD BE, UH, AN ORDINANCE OF ANY KIND OR A CHANGE OF ANY ORDINANCE.
IT WOULD BE MORE OF JUST A WAY THAT, UH, HOW COUNCIL APPROACHES THE, UH, CREATION AND ENABLING OF ANY COMMISSION OR BOARD.
I THINK THE WAY THAT WE CAN HANDLE THAT AS IF, UM, IF, YOU KNOW, WE'RE IN THE PROCESS OF LOOKING AT SOME UPDATES FOR THE BOARD AND COMMISSION HANDBOOK, UH, COUNCIL ADOPTS THAT BY LEGISLATION.
UM, THEN WE COULD PUT A SECTION INTO THE LEGISLATION ADOPTING THAT HANDBOOK THAT REQUIRES COMPLIANCE, UH, WITH IT BY THE INDIVIDUAL BOARDS AND COMMISSIONS.
SEEING NO OBJECTIONS, WE'LL, UH, WE'LL HAVE THAT WE'LL PROCEED ACCORDINGLY.
UH, THE NEXT THREE ITEMS DEALT WITH, UH, SECTION ONE 71 BILL BIDDING AND PURCHASING.
AND, UM, THE FIRST QUESTION DEALT WITH, UM, I THINK GLEN, YOU WERE THE ONE THAT BROUGHT IT UP ABOUT WHETHER OR NOT WE SHOULD ADVERTISE WHAT THE ESTIMATED COST IS WHEN WE PUT THE BID OUT FOR BED.
UM, BECAUSE, YOU KNOW, I THINK GLENN, YOU MENTIONED THAT EVERYBODY'S GOING TO COME IN AND CLOSE TO THAT NUMBER RATHER THAN WHAT MIGHT BE THE MOST COMPETITIVE NUMBER.
AND I THINK JERRY, UH, IF I'M READING HIS, HIS SUGGESTION, UH, KIND OF, UH, AGREED WITH THAT, THAT POINT.
UM, OBVIOUSLY WE, THE CITY HAS TO DO AN ESTIMATE, UH, TO, TO HAVE SOMETHING, TO COMPARE THE, YOU KNOW, THE, UH, THE BIDS TO, BUT WHETHER OR NOT THAT NEEDS TO BE ACTUALLY PUBLICIZED.
I, UM, AND I THINK THAT'S KIND OF WHERE HE CAME DOWN ON THAT, THAT POINT.
HE HAD SAID THAT, UM, UNDER THE CITY'S HOME RULE AUTHORITY THAT, UM, THEY COULD, UH, HAVE A STANDARD DIFFERENT THAN WHAT IS IN THE I REVISED CODE.
AND THE SECTION WITH THE EXCEPTION, HE DID NOT RECOMMEND CHANGING THAT REQUIREMENT FOR DESIGN BUILD CONTRACTS AND THAT THOSE CASES, HE STILL THOUGHT THAT THE ESTIMATE IS SOMETHING WE WOULD PROVIDE.
AND SO, UM, HE, DIDN'T NOT WANT US TO CHANGE THAT ELEMENT.
AND SECTION ONE SEVEN 1.031 PARAGRAPH PAGE DEALS WITH DESIGN BUILD CONTRACTS.
SO TH UH, THERE'LL BE SOME LEGISLATIVE PROPOSALS FOR REMOVING THAT REQUIREMENT COMING OUT, GOING FORWARD.
YEAH, WE WOULD JUST INCORPORATE, UH, THE SUGGESTIONS BY MR. MACDONALD, UH, THE ANSWER, THE LEGISLATION AS WELL, IF THAT'S WHAT THE COMMISSION WANTS TO RECORD.
UM, I'M GOOD WITH THAT IS EVERYBODY ELSE.
SEEING NO OBJECTIONS WE'LL, UH, PROCEED ACCORDINGLY.
UH, THE NEXT SECTION DEALT WITH ONE 71.03 B AND THAT'S THE METHODS OF ADVERTISING.
UM, AND, UH, THE, THE, I THINK THE CURRENT ORDINANCES SOMEWHAT OUTDATED IN TERMS OF HOW THE MESSAGE AND HOW THE, UH, EVERYTHING GETS OUT TO THE PUBLIC.
UH, AND IN JERRY'S RECOMMENDATION, HE ADDED, HE DELETED SOME LANGUAGE THAT, UM, TALKED ABOUT ADVERTISING AND PROFESSIONAL TRADE MAGAZINES AND, AND, UH, UH, UH, NEWSPAPERS AND REPLACING IT WITH, UM, THE OFFICIAL WEBSITE, UM, AND, UH, UH, AND, AND MAY ALSO ADVERTISE THE NEWSPAPER PROFESSIONAL TRADES.
SO IT LEAVES THAT OPTION OPEN, UM, BUT USE THE, UH, THE WEBSITE IS THE PRIMARY SOURCE OF ADVERTISING.
I, UM, I THINK MY, MY, WHEN I READ THAT I WAS OKAY, AS LONG AS THE OLD METHODS CAN BE USED, IF
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THAT WOULD APPEAR TO BE THE MOST APPROPRIATE WAY OF GETTING THE, UH, THE JOB POSTED.BUT I THINK WE DO WANT TO ADD THE WEBSITE AS BEING AN AUTHORIZED METHOD.
SO IF EVERYBODY WAS, IS ANY, ANY QUESTIONS OR ANY CONCERNS ABOUT THE LANGUAGE THAT, UH, UH, JERRY MCDONALD HAS RECOMMENDED? OH, I CAN.
TONY, DO YOU HAVE ANY COMMENTS ON THAT? NO, I, THIS IS A TREND THAT EVERYBODY'S MOVING TOWARDS, UH, LESS RELIANCE ON A NEWSPAPER OF GENERAL CIRCULATION.
WE STILL HAVE THAT REQUIREMENT AND A COUPLE OF ELEMENTS IN THE CITY CHARTER ITSELF, UH, WHICH WOULD BE A MUCH MORE INVOLVED PROCESS TO CHANGE.
SO I THINK IT'S A TREND THAT'S HAPPENING AND IT'S PROBABLY A BEST PRACTICE AT THIS POINT TO MOVE IN THIS DIRECTION, TONY, YES.
PUT IN YOUR NOTES FOR THE NEXT ORDINANCE REVIEW COMMISSION, UM, A DEFINITION OF WHAT A NEWSPAPER IS 10 YEARS.
THERE, THERE MAY NOT BE SUCH A THING AS NEWSPAPERS AND IN 10 YEARS IT'LL BE AN ARCHAIC.
UH, THERE'LL BE LOOKING AT OLD PEOPLE LIKE US WAITING.
THE NEXT, UH, AREA WAS IN SECTION A ONE 71.08.
AND I THINK THIS WAS SOMETHING THAT I MAY HAVE RAISED WAS, UM, IT WAS, SHOULD THERE BE ANYTHING ADDED TO THE S TO THE CODE SECTION THAT DEALT WITH DEALS WITH WHEN THERE'S A PROBLEM BETWEEN THE, WITH THE CONTRACT, HOW IT'S BEING, HOW IT'S BEEN PERFORMED OR HOW IT'S, YOU KNOW, DOES THE, UH, THE WORK, UM, IS, IS IT CONSISTENT WITH THE CONTRACT, WHETHER OR NOT, UM, UH, WHAT HAPPENS AFTER AN INSPECTION AND ESPECIALLY WHEN IT DOES NOT CONFORM TO THE CONTRACT.
AND JERRY INDICATED THAT HIS RECOMMENDATION WAS, I DO NOT RECOMMEND TO ANY CHANGE TO FORMALIZE STEPS FOR A BREACH, EACH CONTRACT ADDRESSES BREACHES INDIVIDUALLY, FOR EXAMPLE, SOME CONTRACTS MAY CALL FOR LIQUIDATED DAMAGES, SOME SPECIFIC PERFORMANCE, STILL OTHERS ARE TIME TO CURE AND THEN ACTUAL DAMAGES, IF NOT TIMELY CURED.
UM, AND I, I, I KIND OF, I MEAN, AS A LAWYER, I AGREE WITH THAT.
I STILL HAVE A, UH, A LITTLE BIT OF A CONCERN OVER A QUESTION IS, IS THAT, YOU KNOW, IS, IS THERE A METHOD WITHIN THE CITY THAT IF THE INSPECTOR GOES OUT AND SEES SOMETHING, THAT'S A MESS, WHAT DOES, WHAT IS, WHAT IS THE INSPECTOR SUPPOSED TO DO? IS THAT SOMETHING THAT WOULD BE IN THE CONTRACT ITSELF, OR IS THAT SOMETHING THAT SHOULD BE ADDRESSED VIA LEGISLATION, AS YOU KNOW, OKAY, I SEE A PROBLEM NOW, THIS IS WHAT THE STEPS I NEED TO TAKE AS THE INSPECTOR BRINGING IT BACK TO THE CITY.
UM, I THINK PART OF IT IS THAT, UM, THEY HAVE ADMINISTRATIVE PROCESSES INTERNALLY, UH, FOR ADDRESSING THOSE THINGS.
AND THEN IT WOULD GO TO THE LAW DIRECTOR FOR LEGAL REVIEW, IF THAT WOULD BE WARRANTED, UH, BASED ON THE LEVEL OF CONCERN OR THAT THE SCOPE OF THE CONCERN, UH, THAT EXISTED.
UH, THAT'S MY UNDERSTANDING OF IT.
WELL, IT'S, LIKE I SAY, AS LONG AS THERE'S SOMETHING IN PLACE THAT, AGAIN, EVERYBODY KNOWS WHAT HAPPENS.
UM, AND SO THAT, YOU KNOW, IF WE HAVE AN INSPECTOR ON THE JOB, THE INSPECTOR'S DOT KIND OF LEFT OUT, HANGING TO DRY AS TO WHAT, WHAT HE OR SHE SHOULD DO.
AND, UH, AS LONG AS THAT'S, YOU KNOW, INTERNALLY TAKEN CARE OF, THEN I HAVE NO PROBLEM WITH IT.
UM, IF YOU, UH, IF I'M CATCHING YOUR VIBE CORRECTLY, IT, THIS CONCERN, MAYBE NOT SO MUCH, UH, WHAT'S WRITTEN INTO THE CONTRACT AND HOW THE LANGUAGE PROVIDES FOR, FOR THOSE THINGS TO BE TAKEN CARE OF, BUT MORE, HOW DOES DO THOSE THINGS GET REPORTED BACK, CORRECT.
CAUSE THE CONTRACT SHOULD ESTABLISH AND, AND, UH, PUT FORTH IF THERE IS A BREACH, WHAT HAPPENS AND WHAT ARE THE REMEDIES IN CASE OF A BREACH IS MINE WAS MORE OF LIKE A C PROCEDURAL OF HOW DO, HOW DOES IT, HOW DOES THE BREACH GET BROUGHT BACK TO THE APPROPRIATE PEOPLE THAT NEED TO ADDRESS THE BREACH? OKAY.
THAT'S SOMETHING TO ASK JERRY ABOUT AS FAR AS PUTTING SOMETHING IN THAT WOULD, I MEAN, CAN WE ADD SOMETHING THAT WOULD DEFINE THAT PROCESS OR HOW THAT WOULD BE HANDLED? DO YOU KNOW TONY? WELL, ANYTHING COULD BE CODIFIED IS
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AS A PROCESS.UM, I GUESS WE'D HAVE TO DISTINGUISH BETWEEN, UM, YOU KNOW, WHAT IS AN INTERNAL ADMINISTRATIVE PROCESS AND WHAT WOULD RISE TO THE LEVEL OF A CODIFIED PROCESS THAT WOULD BE MUCH MORE FORMALIZED.
UM, AND I, YOU KNOW, I PERSONALLY DO NOT KNOW ENOUGH ABOUT IT TO BE ABLE TO SPEAK TO, UM, HOW DETAILED THE INTERNAL ADMINISTRATIVE PROCESSES ARE IN THAT REGARD.
UM, SO THAT'S SOMETHING WE CAN LOOK INTO FURTHER IF, IF YOU WOULD LIKE, UM, I JUST STOPPED WITH IT WHEN I SAW, UH, JERRY'S REVIEW.
UM, BUT WE COULD, WE COULD EXPLORE IT MORE FROM THAT PERSPECTIVE TO SEE IF WOULD BE WARRANTED.
I, I THINK I JUST WOULD, YOU KNOW, IF THERE'S SOMETHING WITHIN THE ADMINISTRATIVE PROCESS THAT COVERS THAT, THAT I'M FINE WITH IT.
UH, I JUST, YOU KNOW, JUST, I DON'T WANT TO SEE A GAP OR A HOLE.
I THINK THE LET'S SEE THE NEXT ONE IS SECTION ONE 71.09, UH, WHICH IS DEALS WITH GUT COOPERATIVE PURCHASES.
AND MY NOTES INDICATE THAT A STAFF WAS TO REVIEW THE LIST OF THE PURCHASING PROGRAMS TO DETERMINE IF THE LIST IS UP TO DATE, WHAT'D YOU FIND OUT? UH, JIM BELL SAID THAT THAT REQUIRED NO CHANGES, THAT HE, HE FELT THAT ALL OF THE INFORMATION LISTED THERE WAS, UH, CURRENT AND IT IS OPEN-ENDED TO ALLOW FOR OTHER COOPERATIVE, UH, ENTITIES OTHER THAN THE ONES THAT ARE NAMED.
SO HE DID NOT RECOMMEND ANY CHANGES TO THAT SECTION.
THEN THE NEXT ONE BELL WAS SECTION ONE 75.03, AND IT DEALT WITH THE QUESTION OF, UM, PROPERTY OWNERS HAVE A CERTAIN NUMBER OF DAYS TO APPLY FOR EITHER A WAIVER OF THE ASSESSMENT OR A DEFERMENT OF THE ASSESSMENT.
AND THERE WAS A QUESTION AS TO HOW IS THAT TIMEFRAME RELAYED TO THE, UH, TO THE PROPERTY OWNER SO THAT THEY KNOW THAT THEY'VE ONLY GOT SO MANY DAYS IN WHICH TO DO SOMETHING.
AND, UH, UM, JERRY ADDRESSED THIS IN HIS MEMO AS WELL.
UM, AND, UM, I, IT, IT LOOKS LIKE THAT.
UM, YEAH, WHAT JERRY WAS SAYING WAS THAT, UM, THOSE, THOSE, AS YOU WOULD KNOW, JIM, UH, LEGAL TERM OF CONSTRUCTIVE NOTICE IS GIVEN, UM, IT'S NOT ON ANY OF THE DOCUMENTS SENT TO THE PROPERTY OWNERS THAT, UM, YOU KNOW, IT'S IN THE CODIFIED ORDINANCES AND, UM, YOU KNOW, PEOPLE ARE EXPECTED TO, UH, HAVE AN AWARENESS OF THAT THROUGH A CONSTRUCTIVE NOTICE.
UM, BUT HE DID SAY IN HIS SECOND PARAGRAPH IN HIS MEMO THAT IF THE COMMISSION WANTED TO RECOMMEND SOME CHANGES, HE PUT SOME LANGUAGE IN THERE.
UM, HE JUST, UH, I KNOW HE SPENT A SIGNIFICANT AMOUNT OF TIME TALKING WITH THE STAFF THAT OVERSEE THE ASSESSMENT PROCESSES AND THE FINANCE DEPARTMENT.
AND, YOU KNOW, OBVIOUSLY IT'S A VERY COMPLICATED AND A VERY DETAILED PROCESS THAT THEY GO THROUGH.
UM, SO HE, HE SUGGESTED SOME CHANGES FOR, UH, ONE 75, A THREE AND, UH, UH, ONE 75 OH FIVE PARAGRAPH C.
I, I THINK THAT THERE SHOULD BE SOME, UM, YOU KNOW, I UNDERSTAND THE CONCEPT OF CONSTRUCTIVE NOTICE, YOU KNOW, BUT AT THE SAME POINT IN TIME, WHEN, ESPECIALLY SINCE IT'S A FAIRLY SHORT NUMBER OF DAYS, IT'S ONLY 15 DAYS, UM, UH, I GUESS ONE OF THE QUESTIONS I WOULD HAVE IS HAVE THERE BEEN CIRCUMSTANCES WHERE REQUIRE APPLICATIONS FOR DEFERMENTS OR WAIVERS HAVE COME IN LATE AND THEN DENIED BECAUSE THEY WEREN'T, YOU KNOW, DOWN WITHIN, YOU KNOW, IN A TIMELY FASHION.
I DON'T KNOW THE ANSWER TO THAT.
UM, HE GOES ON FURTHER TO SAY THAT, UH, IF THE COMMISSION CHOOSES TO RECOMMEND A SPECIFIC, SPECIFIC TYPE OF NOTICE OF THE 15 DAYS BE CODIFIED, HE RECOMMENDS THAT WE HAVE FURTHER DISCUSSIONS WITH THE FINANCE DEPARTMENT STAFF THAT HANDLED THE ASSESSMENTS TO BETTER UNDERSTAND
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THE PROCESS AND TIMEFRAMES AS, UM, THERE, HE SAID, UH, TYPICALLY MULTIPLE NOTICES THE GO TO THE PROPERTY OWNERS AND, UM, WE WOULD ANYTHING WE WOULD CHANGE, WE WOULD NOT WANT TO, UH, FACT THE TIMELINESS OF THE SUBMISSION OF ASSESSMENTS, UH, BECAUSE THEY ONLY TAKE THOSE ASSESSMENTS LIKE TWICE A YEAR AT THE COUNTY LEVEL.AND SO IF WE WOULD MISS THOSE DEADLINES, THEN THOSE ASSESSMENTS AREN'T PUT ON THE, UH, TAX DUPLICATE UNTIL, UM, THE FOLLOWING SIX MONTH PERIOD.
I, I UNDERSTAND THAT I, AND I, AND I AGREE THAT, YOU KNOW, THAT THAT WOULD NEED TO BE, IT'S JUST, YOU KNOW, UM, AND AGAIN, I MAYBE LOOK MAKING A PROBLEM AND CREATING A PROBLEM WHERE NO PROBLEM ACTUALLY EXISTS.
UM, WELL, I TH I THINK, UH, HIS FEELING ON A LOT OF THESE THINGS IS, UM, HE'S GIVING YOU HIS INITIAL ASSESSMENT AND HIS LEGAL REVIEW WHEN THESE ISSUES ARE BROUGHT UP FROM THE ORDINANCE REVIEW COMMISSION.
AND THEN, UM, YOU KNOW, HE'S KIND OF TELLING YOU THE FRAMEWORK OF WHAT WOULD BE INVOLVED IF WE WANT TO LOOK AT CHANGING IT.
SO THAT'S NOT A NO THAT IT CAN'T BE CHANGED.
IT'S, UH, YOU KNOW, UH, BEFORE YOU INVEST THE TIME AND EFFORT IN, YOU KNOW, MORE EFFORT IN, AND LOOKING AT THIS, UH, WE WOULD WANT TO MAKE SURE THAT THE COMMISSION WOULD FEEL THAT'S SOMETHING THAT WE WANT TO GO DOWN THAT ROAD, YOU KNOW, FURTHER.
AND I GUESS THAT KIND OF GOES BACK TO MY, MY ERA.
MY COMMENT WAS THAT IF I DON'T WANT TO MAKE A PROBLEM FOR, IF A PROBLEM DOESN'T EXIST, EVERYBODY SEEMS TO BE APPLYING AND COMPLYING WITH 15 DAY NOTICE.
AND THEN, YOU KNOW, MAYBE WE LEAVE IT ALONE AND WE DON'T GO ANY FURTHER WITH IT.
UM, BUT IF, IF WE'RE RUNNING INTO A SITUATION WHERE WE'RE SEEING THE CITY, SEEING SEVERAL PEOPLE WHO ARE APPLYING FOR DEFERMENTS OF WAIVERS, BUT THEY'RE COMING IN A FEW DAYS LATE OR WHATEVER, THEN I THINK IT'S A PROBLEM THAT PROBABLY SHOULD BE ADDRESSED.
SO MAYBE WE JUST WANT TO LEAVE IT ALONE AT THIS POINT AND JUST, UM, MAKE OUR RECOMMENDATION THAT STAFF KEEP, UH, YOU KNOW, KEEP IT A HIGH OPEN FOR, YOU KNOW, THESE TYPES OF PROBLEMS. AND IF SO, THEY MAY WANT TO ADDRESS IT AT THAT POINT.
OR IF YOU WOULD PREFER, UM, I COULD TRY TO SEEK SOME INFORMATION FROM STAFF ABOUT THE FREQUENCY OF THOSE TYPES OF ISSUES OR CASES THAT HAVE ARISEN, UH, TO GIVE THE COMMISSION A BETTER ASSESSMENT OF, UM, YOU KNOW, THE SCOPE OF THAT ISSUE, OR IF IT IS EVEN A PROBLEM.
CAUSE IT WAS ON A PROBLEM THEN I'D SAY, YOU KNOW, LET'S PUT IT TO BED AND GO ON.
I THINK A QUESTION, I DON'T KNOW IF WE TALKED ABOUT THIS ON THE LAST ORDINANCE, LAST ORDINANCE MEETING, BUT ON THAT ONCE THEY FIVE OH THREE, THE LAST SENTENCE, EXHIBIT A SETS FORTH THE CRITERIA, WHERE IS THIS EXHIBIT A, UM, I'VE YEAH, I THINK WE DID TALK ABOUT THAT LAST TIME.
UM, I SAID, I DIDN'T KNOW WHERE IT WAS.
I DON'T KNOW IF ANYONE KNOWS, SO WE PROBABLY SHOULD CLARIFY THAT AS WELL.
CAUSE I'VE SEEN THOSE THINGS LIKE ATTACHED TO THE, LIKE THE AGENDAS AND STUFF, BUT THIS WAS BACK IN 97, SO I DON'T THINK WE HAVE IT ONLINE.
UM, YOU KNOW, IF IT'S, IT'S, UH, SPECIFICALLY SPELLED OUT IN THE ORDINANCE THAT THAT'S A FORM, UH, THAT SHOULD BE AVAILABLE AS AN EXHIBIT, UH, THEN WE, WE MEET, WE NEED TO KNOW WHERE IT IS TO TRACK SOMEBODY TO IT.
SO, UH, WE'LL ADD THAT TO THE LIST AS WELL UNDER THAT SECTION.
THE, UH, KINDA GOT LOST MY NOTES HERE.
UM, THE NEXT SECTION IS ONE 75 OH SIX ALTERNATE ASSESSMENT AND PROCEDURES.
UM, THAT WAS ALSO ONE THAT WENT TO THE, UM, THE FINANCE DIRECTOR.
UM, HE SAID THAT HE DID NOT HAVE ANY CHANGES, UH, TO THAT.
UM, BUT SUGGESTED, UH, WE MAY WANT TO CHECK WITH ENGINEERING, UH, UH, FOR ADDITIONAL SUGGESTIONS BECAUSE, UH, THAT AFFECTS THAT DEPARTMENT AS WELL.
YOU WANT TO JUST RUN THAT BY ENGINEERING, MAKING SURE THAT NOTHING RECOMMENDED THERE.
THEN, UM, NEXT THING WAS ONE 77.1.
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YOU WERE GOING TO CHECK WITH THE ENGINEER AND THE LAW DIRECTOR ABOUT, UH, HOW THOSE EXTRA COSTS MAY HAVE BEEN ASSESSED.AND, UM, I THINK JERRY SAYS THAT HE'S NOT AWARE OF THIS EVER BEING UTILIZED OUTSIDE OF THE ENGINEERING DEPARTMENT, UM, THAT COST FOR TRAFFIC STUDY, CERTAIN INSPECTIONS AND THE LIKE ARE PASSED ONTO THE APPLICANT.
AND THEN, UH, FROM THE CITY ENGINEER AND, UH, THE ASSISTANT CITY MANAGER THAT OVERSEES ENGINEERING.
I GOT, UM, AN EMAIL THAT SAID, UH, ONE 77.01 HASN'T BEEN USED SINCE I'VE BEEN HERE.
AND, UM, THAT'S ABOUT 12 OR 13 YEARS THAT HE'S BEEN HERE.
UM, HE SAID, I THINK THE INTENT IS IF A CONSULTANT IS NEEDED, WE CAN CHARGE THE APPLICANT.
ONE CASE HE COULD THINK OF WAS IF WE NEED A TRAFFIC STUDY AND THE APPLICANT DOESN'T PROVIDE ONE, THE CITY CAN UTILIZE THIS PROVISION.
YOU SAT ON THE FLIP SIDE OF THIS.
IF THE CITY REQUIRES A TRAFFIC STUDY, UH, THEN THEY COULD TABLE THE APPLICATION FROM THE APPLICANT UNTIL THE APPLICANT PROVIDES THE TRAFFIC STUDY SO THAT THE CITY DOESN'T HAVE TO TAKE ON THAT TASK THEMSELVES.
I LIKE HAVING, I PERSONALLY, I LIKE HAVING IT IN THE CODE AS A TOOL THAT CAN BE USED.
AND I WAS JUST MORE, I WAS JUST CURIOUS HOW, HOW THAT HA IF IT HAD BEEN USED, BUT IT SOUNDS LIKE THEY, THAT, UH, BOTH THE LAW DIRECTOR AND THE CITY ENGINEER WANTS TO KEEP THAT IN PLACE IN CASE IT WOULD BE NEEDED.
AND THEN LET'S SEE, UH, THE LAW DIRECTOR WAS GOING TO CHECK TO SEE OF THE VARIOUS FUNDS IN CHAPTER ONE 79.
ARE, ARE THEY A VERY COMPLETE, UH, SHOULD THEY BE REARRANGED? ARE THEY APPROPRIATELY TITLED? AND IN HIS MEMO, HE PUNTED THAT TO THE FINDING OF THE STAFF.
UM, AND JIM BELL DID REVIEW THAT.
I JUST GOT THIS, UM, I THINK YESTERDAY, SO I WOULD HAVE SENT IT OUT IF IT HAD, UH, BEEN MORE TIMELY TO THE COMMISSION.
UM, I CAN DO IT AFTER THE FACT STILL, BUT, UM, JIM'S MADE A NUMBER OF CHANGES, UM, IN THE FUNDS SECTION.
UH, HE'S, UH, LISTED SEVERAL FUNDS THAT NEED TO BE REMOVED BECAUSE THEY NO LONGER EXIST.
UM, HE, UH, DID SAY THAT HE DIDN'T THINK WE SHOULD CHANGE THE ORDER.
THERE WAS SOME TALK ABOUT ALPHABETIZING THEM.
UM, I GUESS AS I THINK SOMEONE MENTIONED AT THE LAST MEETING, UH, THAT THE FUNDS MIGHT'VE BEEN, UM, ORGANIZED BY FUND NUMBER, UH, THAT IS THE CASE ACCORDING TO JIM BELL.
SO, UM, THEY, THEY WOULD PREFER TO KEEP THIS ORDER BECAUSE IT, IT RELATES TO THE FUND NUMBERS BEHIND, UH, BEHIND THESE FUND NAMES.
AND THEN, UM, THE REST OF IT LOOKS LIKE WAS ALL DELETIONS.
UM, SO I'LL, I'LL SEND THAT OUT TO EVERYBODY.
SO YOU CAN SEE HIS SPECIFIC COMMENTS AND THE RECOMMENDED CHANGES.
UM, BUT IF, UH, THERE WERE NO OBJECTIONS TO THOSE AFTER YOU LOOK AT THEM, WE COULD JUST, UH, INCORPORATE HIS SUGGESTED CHANGES, UH, INTO THAT SECTION.
UH, AND IT WOULD BE A COMPLETE AND, AND A THOROUGH LIST OF THE FUNDS, UH, AND THE CITY AS IT CURRENTLY STANDS.
UM, IS THAT OKAY WITH EVERYBODY? OKAY, SO WE'LL GET THAT NEXT DAY OR TWO, OR WHEN YOU GET BACK FROM VACATION, IT'S JUST GOING TO BE THIS WEEKEND.
SO YOU'LL, YOU'LL HAVE IT BY NEXT BEGINNING OF NEXT WEEK, TONY, ON JIM'S UM, ON JIM EMAIL TO YOU OR NOT ONE HIS NOTES TO YOU, DID HE PUT THE, UH, FUN NUMBERS IN FRONT OF THE DIFFERENT, FUN TITLES? HE DID NOT.
UM, WE COULD ASK HIM ABOUT THAT.
UM, IT MIGHT BE CLEARER BECAUSE I THINK WE WERE ALL A LITTLE CONCERNED ABOUT WIRELESS IN THIS OBNOXIOUS ORDER.
I WAS ON IT BECAUSE I'M ON A LITTLE, YEAH, YEAH.
IT LOOKS KIND OF ARBITRARY THE WAY IT IS.
I THINK IF WE LEAD OFF WITH THE, THE, UM, ACCOUNT OR THE FUND NUMBER AHEAD OF EACH TITLE,
[00:35:01]
IT WOULD MAKE A LOT MORE SENSE.AGAIN, FOR THE NEXT TIME SOMEBODY'S GOTTA LOOK OKAY.
AND IF THE ORDER IS HOW THE PEOPLE IN FINANCE ARE COMFORTABLE AND USED TO, UH, YOU KNOW, UH, SEEING THEM AND ADDRESSING THEM, THEN THE ORDER IS FINE WITH ME.
SO, AND THEN WE'D MAKE THE CHANGES TO HAVE, UH, UH, THE TOTAL CURRENT LIST AS WELL.
THEN, UH, IT DOESN'T LOOK LIKE THERE'S ANY ADDITIONS.
IT WAS ALL, UH, DELETIONS OF, UH, FUNDS THAT NO LONGER EXIST.
I THINK THAT WRAPS UP THE REVIEW OF THE LEGISLATION AND WORKSHEET FROM LAST MONTH.
IS THAT CORRECT? THAT IS CORRECT.
SO IF THERE'S NOTHING FURTHER IN THAT REGARD, WE'LL MOVE ON TO THE NEXT ITEM, WHICH IS TONIGHT'S TOPIC, WHICH IS PART THREE OF THE CITY CODE, THE, WHICH IS THE TRAFFIC CODE.
UM, AND TO START THE DISCUSSION.
UM, ONE OF THE THINGS THAT, UM, YOU KNOW, THE TRAFFIC CODE INCORPORATES A LOT OF THE WIDE ORDINANCES AND OF WHICH WE REALLY CAN'T DO ANYTHING ABOUT ANY WAY.
SO, UM, TONY, YOU HAD, UH, THE, I GUESS THE LAW DIRECTOR PUT TOGETHER THOSE SECTIONS THAT WE CAN HAVE SOME INPUT AND, AND HAVE THE ABILITY TO MAKE SOME CHANGES.
IS THAT, IS THAT WHERE THIS LIST OF STATUTES CAME FROM, THAT CAME FROM THE ALL DIRECTOR.
HE SEPARATED THE ONES THAT WERE, UH, BASED IN STATUTE IN THE OHIO REVISED CODE THAT WE COULD NOT HAVE THE ABILITY TO IMPACT.
AND THE LIST THAT YOU WERE PROVIDED ARE THE ONES THAT THE CITY HAS SOME FLEXIBILITY IN A MANDATING OR CHANGING OR DELETING OR ADDING TO, UH, THOSE PARTICULAR, UH, CHAPTERS AND SECTIONS.
UH, I WILL JUST COMMENT LOOKING AHEAD THAT WHEN WE GET TO, UM, THE CRIMINAL CODE, WHICH IS THE NEXT REVIEW FOR NEXT MONTH, UH, IT'S GOING TO BE A SIMILAR SITUATION.
THERE'S GOING TO BE A LARGE PART OF THAT CODE.
THAT'S NOT GOING TO BE, UH, ABLE TO BE CHANGED BECAUSE IT'S BASED IN A HIGH REVISED CODE.
UM, SO WE'LL HAVE A SIMILAR SITUATION NEXT MONTH.
SO DELVING INTO IT, UM, UH, WE'RE DEALING WITH CHAPTER THREE OH THREE TO START.
UM, AND IT'S THE FIRST SECTION IS THREE OH 3.07 AND IT'S TITLED APPLICATION TO DRIVERS OF GOVERNMENT VEHICLES.
UM, AND IT BASICALLY JUST SAYS THAT THIS SECTION APPLIES TO, UM, STATE STATE OR FEDERALLY OWNED VEHICLES AND, UH, UH, ANY COMMENTS ABOUT THAT SECTION AT ALL FROM ANYONE.
THEN THE NEXT DEALS WITH THREE OH 3.08, WHICH IS A SEVEN POUNDING OF VEHICLES NOTICED AND REDEMPTION.
UM, AND I GUESS THE ONE QUESTION THAT I HAVE IS, AND I HAVE A FEW QUESTIONS, BUT IN SECTION PARAGRAPH LITTLE A, IT TALKS ABOUT WHENEVER A POLICE OFFICER FINDS A VEHICLE ON ANY STREET.
UM, OTHER SECTIONS IN THE, UM, UH, IN THE ORDINANCE ORDINANCES, TALK ABOUT STREETS AND REFERENCE HIGHWAYS.
UM, AND I DON'T KNOW IF THE TERM STREET THERE APPLIES TO, YOU KNOW, ALL ROADWAY SURFACES IN THE CITY, YOU KNOW, WHICH WOULD INCLUDE, YOU KNOW, THOROUGHFARES HIGHWAYS THINGS.
AND BECAUSE, LIKE I SAID, IN THREE OH 5.02, IT, IT SAYS, I THINK STREETS AND, UM, HIGHWAYS, BUT THEY ONLY MENTIONED STREETS IN THIS IN 300, 3.08.
WE'D HAVE TO GET CLARIFICATION ON THAT.
WE HAVE, UM, YOU KNOW, FOR THIS PARTICULAR THING, LIKE SAY ON INTERSTATE 70, IF THE CITY NECESSARILY HAS JURISDICTION TO ASTRAM DOWN TO VEHICLE FROM THAT LOCATION OR NOT, WHAT IS THE DEFINITION OF HIVE? I WAS LOOKING THAT UP.
SOME PLACES THAT SEEMED LIKE ANY STREET THAT HAD LIKE PAINT ON IT, THAT PUBLIC WAS ALLOWED TO USE THAT WAS GOVERNMENT OWNED WITH A HIGHWAY.
SO TWO, TWO, TWO, A WAN TAYLORSVILLE WOULD BE HIGHWAYS,
[00:40:01]
OR IS IT JUST LIKE 17 FREEWAYS LIMITED ACCESS FREEWAYS? YOU KNOW, I DON'T KNOW IF THE STATE ROUTES WOULD COUNT FOR THAT.UM, UM, I MEAN, I THINK TYPICALLY WITH A FREEWAY YOU HAVE, UH, ON OBSTRUCTED OR UNIMPEDED TRAFFIC, YOU KNOW, THERE'S NOT STOPLIGHTS OR, UH, THINGS LIKE THAT INVOLVED.
UH, SO THAT WOULD BE A DISTINCTION BETWEEN AN INTERSTATE AND A STATE ROUTE.
UM, BUT I, I'M NOT AN EXPERT CERTAINLY IN THAT, UH, IN DEFINING, THERE MAY BE A SECTION IN THAT WE'RE NOT LOOKING AT TONIGHT, A DEFINITIONAL SECTION THAT MIGHT DEFINE.
THERE IS A DEFINITION SECTION AT THE BEGINNING, THE VERY FIRST SECTION, UM, THREE THRILL, 1.4, TWO HIGHWAYS.
AND NOT IN THE AGES BECAUSE IT'S WITH ANOTHER WORD OR IF I CAN FIND IT, HIGHWAY IS I THINK IT STARTS WITH A P PUBLIC ROAD OR SOMETHING LIKE THAT.
FREE LAY LANE STREET OR HIGHWAY LANE STREET, OR A HIGHWAY MEANS THE STREET OR HIGHWAY THE ROADWAY OF WHICH IS DIVIDED IN THE TWO OR MORE CLEARLY MARKED LANES FOR VEHICULAR TRAFFIC.
SO STREET WOULD SEEM TO KNOW IF HE USED THE WORD STREET THAT WOULD SEEM TO APPLY TO PRETTY MUCH EVERYTHING WITHIN THE CITY.
I MEAN, AS LONG AS IT PAINT ON IT, THAT CLEARLY DIVIDED IT INTO TWO LANES.
IF IT'S NOT CLEAR IF IT HAS TWO LANES, BUT THEY'RE NOT CLEARLY DIVIDED THAT MIGHT NOT APPLY.
AND THAT, I THINK THAT PROBABLY MAY BE THE ANSWER TO THE QUESTION, BUT PROBABLY OUGHT TO RUN THAT BY JERRY.
UM, THEN IN SECTION, AND IF ANYBODY ELSE HAS ANY COMMENTS ON ANY ONE THROUGH THESE JUMP IN PLACE, UM, SECTION B, UH, UH, THAT IT TALKS ABOUT THAT THE VEHICLE HAS TO BE IMPOUNDED, UM, UH, TO A STORAGE IN A APPROVED GARAGE OR OTHER STORAGE LOCATION.
UM, BUT THEN, BUT DOES IT DOESN'T MENTION ANYTHING ABOUT THE TOW COMPANY BEING APPROVED? AND, UM, I, I VAGUELY REMEMBER YEARS AGO THERE WAS, UH, THERE WAS, UH, A BIG DISPUTE OVER THE TOWING CONTRACTS THAT THE CITY ENTERED INTO FOR THIS PURPOSE.
UM, AND ALSO IT SAYS IN SECTION C, IT SAYS A POLICE OFFICER MAY SECURE THE SERVICES OF A PRIVATE TOW TRUCK, UH, AND OPERATOR REMOVE THE VEHICLE.
IT IS A POLICE OFFICER CAN CALL IT WHATEVER COMPANY HE WANTS TO CALL OR IS HE LIMITED TO CALLING A PARTICULAR COMPANY THAT, YOU KNOW, UM, COUNSEL MULATTO MAY RECALL THIS AS WELL.
AND, UH, SUMMARY MR. ROGERS, DON'T, WE ISN'T THAT, UH, CONTRACTUALLY, UM, DONE EACH, IS IT EACH YEAR TONY OR IS IT, UM, IT'S A LONGER TERM THAN A YEAR, BUT WE, WE DO HAVE A CONTRACT, UH, FOR A CITY TOWING COMPANY.
SO IF THE POLICE NEED TO IMPOUND A VEHICLE, UM, OR THE CITY AND POUNDS OF VEHICLE AT THE DIRECTION OF THE CITY OFFICIAL, UH, IT'S, IT'S DONE THROUGH THAT CONTRACT.
UM, WE, DON'T JUST, THEY DON'T JUST CALL WHOEVER I KNOW IT ON THEM AS, UM, UH, ON APPROVAL, THE OFFICIAL, UH, IMPOUND YARD AGAIN THIS YEAR.
WELL, LET'S SAY IT'S MAYBE LIKE A FIVE-YEAR CONTRACT, BUT I'M NOT SURE EXACTLY RIGHT.
UH, I DO, WE WOULD, WE WANT TO PUT IN SECTION C THAT, YOU KNOW, UH, MAY SECURE THE SERVICES OF A, UH, CITY APPROVED PRIVATE TOW THAT WAY IT'S, IT'S CLEAR THAT IT'S IT'S, UH, OR, YOU KNOW, A TOW COMPANY WITH, YOU KNOW, UNDER CONTRACT WITH THE CITY OR SOME, SOME LANGUAGE THAT IT MAKES IT CLEAR THAT THAT'S, YOU KNOW, THAT THERE IS ONE TOW COMPANY FOR THE CITY OF HUBER HEIGHTS AT ANY GIVEN TIME.
IT, IT ALMOST READS AS THOUGH, UM, I CAN CALL BILLY BOB'S TOWING.
UM, UH, IF I HAVE NO BELLY, MOM
[00:45:02]
I'LL HAVE SOMETHING TOWED.BUT MY CONCERN WITH THAT WOULD BE IS IF THE CITY APPROVED ONE ISN'T AVAILABLE WHEN THEY'RE TRYING TO CALL AND HAVE IT TOWED, I THINK THE CONTRACT, WELL, THE CONTRACT I REMEMBER SEEING YEARS AGO HAD BASICALLY THERE WAS LIKE A PRIMARY AND THEN A BACKUP AS WELL.
I BELIEVE, I DON'T KNOW IF THAT'S STILL IN THE CURRENT CONTRACT OR NOT.
BUT, UH, THE IDEA WOULD BE THAT BY USING THE CITY CONTRACTOR, WE'RE, YOU KNOW, KEEPING A FIXED COST ASSOCIATED WITH THE TOWING, UM, AND, AND SUCH IN, SO THERE'S CONSISTENCY IN THAT.
UM, PLUS WE KNOW WHERE THE VEHICLES END UP, UH, WHEN THEY'RE PUT INTO STORAGE FROM AN IMPOUND.
UM, SO YEAH, I THINK WE CAN LOOK AT SOME LANGUAGE AROUND THAT, UH, TO TIE THAT TO THE SPECIFICS OF THE TOWING CONTRACT.
AND THEN MY NEXT COMMENT IS ON, UH, PARAGRAPH F SO DOES ANYBODY HAVE ANY COMMENTS FOR DNA? OKAY.
NOT SEEING IT MOVING ON TO F UM, AND AGAIN, THIS IS KIND OF A QUESTION, I THINK, AS TO HOW IT PROBABLY IS BEING IMPLEMENTED, BECAUSE IT TALKS ABOUT UPON PAYMENT OF THE COST OF THE TOW TRUCK AND OPERATOR, AND UPON POSTING A BAIL IN AN AMOUNT EQUAL TO THE MAXIMUM FINE FOR THE TRAFFIC VIOLATION, THE VEHICLE SHALL BE RELEASED TO THE OWNER.
WELL, WHAT ABOUT THE STORAGE FEES? THE STORAGE COSTS.
IT ONLY SEEMS TO ADDRESS THE TOW TRUCK OPERATOR, COOKING AND CHARGES AND A, A BAIL AMOUNT, BUT I'M ASSUMING THE BAIL GETS RETURNED TO, YOU KNOW, MY UNDERSTANDING OF BAIL IS THAT IF THEY DO WHAT THEY'RE SUPPOSED TO DO, THEY GET THE MONEY BACK.
WHERE DOES THE MONEY TO PAY THE STORAGE COME FROM SHOULD, IS THAT BEING PASSED ON TO THE DRIVER WOULD BE PULLED OUT OF THE TOW CONTRACT AS WELL.
SO I THINK IT'S REALLY TIED TO WHAT YOU BROUGHT UP IN THE OTHER SECTION THAT THERE'S A LACK OF SPECIFICITY ABOUT THE TOWING CONTRACTOR AND THE TOWING CONTRACT OPERATOR AND, UH, THE, THE STORAGE COSTS AND THE TELLING COST WOULD ALL BE PART OF THAT CONTRACT GENERALLY AS STORAGE AND TOWING ARE BASICALLY ONE IN THE SAME COMPANY.
THAT'S THAT WOULD EXPLAIN THEM THEN.
UH, THE NEXT SECTION IS CHAPTER THREE OH FIVE TRAFFIC CONTROL.
UH, AND I DIDN'T HAVE ANY, UH, COMMENTS UNTIL WE GET DOWN TO THREE OH 5.06.
SO IS THERE ANYBODY HAVE A CONTACT WITH THREE OH FIVE OH TWO OH THREE OH FOUR OR OH FIVE? NO.
UM, I, I WAS WONDERING WHERE I DIDN'T SEE ANYTHING MENTIONING RED LIGHT CAMERAS.
I KNOW IT'S PROBABLY INCLUDED IN THE BLANKET, UH, CONCEPT OF WHAT, BUT, I MEAN, DO WE HAVE ANY, LIKE, IS RED LIGHT CAMERAS, ANYTHING THAT'S COME BEFORE COUNCIL? OR IS THAT ANYTHING THAT WE'VE BEEN LOOKED INTO AT ALL? NO.
AND THERE, THERE WAS THE DISPUTE LIKE DAYTON WAS HAVING WITH, UH, THE STATE OF RED LIGHT CAMERAS.
UM, I KNOW, UH, THE STATE WAS TRYING TO RESTRICT THE USE OF COMMUNITIES TO HAVE RED LIGHT CAMERAS.
UM, I'M NOT SURE WHERE THAT STANDS IN TERMS OF THE LEGAL PROCESS THAT THEY WERE GOING THROUGH OVER THOSE ISSUES, BUT, UH, THAT'S NOT BEEN REALLY AN ISSUE BEFORE THE HEBREW HEIGHTS CITY COUNCIL.
I ASSUME WE CAN, UH, WE, THAT THE DIRECTOR DOESN'T NECESSARILY HAVE THAT AUTHORITY EVEN AS A BLANKET BECAUSE WE HAVEN'T, IT HASN'T BEEN APPROVED BY COUNCIL.
IS THAT GOING TO BE SOMETHING THAT A COUNCIL WILL BE, MIGHT BE ADDRESSING DON OR GLEN, AND I KNOW NOTHING OF IT.
AND THROUGH THIS, AND KIND OF READ TO ME THAT THE DIRECTOR WOULD HAVE THOSE, THAT ABILITY TO DO THAT, BUT THE COUNCIL COULD COME IN AND REVERSE ANYTHING THE DIRECTOR WOULD WE DO.
CAUSE I THINK THAT'S KIND OF COMES
[00:50:01]
OUT IN THE SECTION THREE OH FIVE OH SIX AND THREE OH FIVE OH EIGHT.CAUSE THREE OH FIVE OH SIX BASICALLY SAYS THAT THE DIRECTOR OF THE DIRECTOR OF PUBLIC SAFETY IS NOT LIMITED BY THE SPECIFIC ENUMERATION OF POWERS, UH, OR SUBJECTS CONTAINED IN THIS CHAPTER.
SO THEORETICALLY, I ASSUME BASED ON WHAT WE WERE JUST TALKING THAT IF, UM, THERE WAS SOME DECISION THAT RED LIGHT CAMERAS WOULD BE AN INAPPROPRIATE THING, THAT HE WOULD HAVE THE ABILITY TO DO THAT, TO PUT TOGETHER, UH, SOME, UH, PALLETTE, YOU KNOW, POLICIES OR SOME PROCEDURES FOR THAT, BUT THEN, OH EIGHT THEN.
SO IT WAS NOT WITHSTANDING THE PROVISIONS OF THE CHAPTER, WHICH WOULD BE THE ONE I JUST MENTIONED, UH, COUNSEL MAY OVERRIDE ANY DECISION IN THE DIRECTOR OF PUBLIC SAFETY.
SO, UM, I, I WOULD THINK THAT ANY PUBLIC SAFETY DIRECTOR THAT WANTS TO KEEP THIS JOB PROBABLY WOULD BRING IT TO COUNCIL BEFORE HE JUST PROMULGATED RULES, DEALING WITH THE CAMERAS.
AND FOR THE RECORD RIGHT NOW, THE PUBLIC SAFETY DIRECTOR WHO IS ALSO THE CITY MANAGER, SO, RIGHT.
SO, BUT YEAH, SO I THINK THAT CHECKS AND BALANCES IS THERE.
UM, AND SO WHEN I READ THE FIRST SECTION, I'M GOING, WAIT A MINUTE.
AND THEN WHEN I READ THE TWO SECTIONS LATER, THEN I SAID, OH, OKAY.
THEN, UH, I HAD NO QUESTIONS ON THREE OH FIVE OH SEVEN OH EIGHT OR OH NINE.
UM, ANYBODY HAVE ANY THING ON THOSE? NO.
UM, NEXT SECTION IS THREE 11 AND THE FIRST SECTION IS THREE 11.02.
UM, AND I, THE ONLY QUESTION THAT I HAVE AND HAVING BEEN IN CHARGE OF BACK WHEN THE JCS DID THE 4TH OF JULY PARADE FOR SEVERAL YEARS, AND I WAS IN CHARGE OF THE PARADE, YOU KNOW, THE JCS HAD TO, UM, UH, OBTAIN A PERMIT FROM THE POLICE CHIEF TO HOLD THE PARADE BECAUSE WE OBVIOUSLY WOULD BE BLOCKING ROADS AND NOTHING.
UM, BUT THIS SAYS THE ORGANIZATION SHALL CONDUCT OR PARTICIPATE IN ANY PARADE.
UM, YOU KNOW, WE DIDN'T HAVE TO GET EACH ENTRY IN OUR PARADE, GET A PERMIT FROM THE CHIEF OF POLICE.
WE KNOW WE JUST GOT ONE FOR THE PARADE, THEN ALL THE ENTRIES HAD TO COME TO THE JCS.
UM, AND I, I GUESS, YOU KNOW, IF YOU HAVE, UH, IF YOU HAVE A PARADE WITH SAY 300 ENTRIES, AND SO THEY'RE ALL PARTICIPATING IN THE PARADE DUES, EACH OF THOSE ORGANIZATIONS HAVE TO GET A PERMIT FROM THE POLICE CHIEF AND THIS POLICE CHIEF WANT TO HAVE TO SPEND TIME GIVING OUT 300 PERMITS.
I WOULD THINK GROUP OF PERSONS WOULD QUALIFY FOR EVERYBODY.
PRACTICALLY HOW IT WORKS IS THERE'S A, UH, A, UH, PERMIT GIVEN FOR W FOR THE PARADE AS A WHOLE, WHOEVER THE ORGANIZER IS.
UM, AND THEN, UH, AND THEN THEY HANDLE THE ARRANGEMENTS WITH THE INDIVIDUAL INJURIES.
UH, THERE'S NOT SEPARATE, UH, PERMIT REQUIREMENT FOR EVERYBODY IN THE PARADE.
LIKE I SAID, I WAS JUST, WHEN I SAW OR PARTICIPATE, I WAS JUST THINKING, YOU KNOW, THAT WOULD BE KIND OF BURDENSOME.
IF EVERYBODY, IF EVERY ORGANIZATION THAT PARTICIPATED IN THE 4TH OF JULY PARADE HAD TO GET A PERMIT, UM, IT'D BE A BURDEN ON THE ORGANIZATIONS AS WELL AS THE POLICE CHIEF.
I DIDN'T, WASN'T SURE HOW THAT WAS ACTUALLY JUST BEING IMPLEMENTED BY THE CITY OF SUBS.
DOESN'T SOUND LIKE IT'S A PROBLEM.
AND JUST A SMALL COMMENT ON THIS.
UH, THE WORD CANCELED IS THE PERMIT MAY BE REFUSED OR CANCELED F UH, AMERICAN SPELLING ONLY HAS ONE L BRITISH SPELLING HAS TWO ELLS.
I DID TOO, BUT BY A SPELLCHECK CAUGHT IT AND I WAS LIKE, WHAT'S WRONG WITH THAT? IT'S LIKE, OH, OKAY.
I ASSUME, CANCEL THE WORD CANCELED.
UH, ANYTHING ELSE IN OH TWO AND THEN, OKAY.
OH, THREE DEALING WITH TOY VEHICLES ON STREETS.
[00:55:03]
THAT'S A WEIRD TERM TO ME, BUT YEAH.I MEAN, I, YEAH, I MEAN, I UNDERSTAND WHEN THEY START SAYING, OKAY, ROLLER SKATES, RIGHT.
YOU KNOW, SKATEBOARDS, BUT I'M NOT SURE WHAT A TOY VEHICLE, I GUESS IT WOULD BE.
IF YOU HAVE ONE OF THOSE ELECTRIC BARBIE CARS, THAT WOULD BE A TOY VEHICLE, I GUESS I'M WONDERING IF IT'S A BIT OF A CATCH ALL BECAUSE OF ANYTHING THAT NEW COMES UP THERE WAS A FEW WEEKS AGO, I SAW A GUY RIDING AROUND IN A HOVERBOARD.
HE PROBABLY GOT FOR CHRISTMAS ON A, I THINK THAT ACTUALLY TALKED IN LATER.
UM, I THINK IT'S ONE OF THE, YEAH, IT'S ACTUALLY ONE OF THE HIGHER CODES THAT WAS COPIED OVER.
UM, SO OTHER THAN JUST STRIKING ME AS BEING A LITTLE UNUSUAL, I DON'T REALLY HAVE ANY PROBLEM WITH THE SECTION ITSELF.
ANYBODY HAVE ANY COMMENTS THERE, OR IT WAS A TOY VEHICLE.
SO, UH, THE DIFFERENCE BETWEEN MEN AND BOYS ON DAWN PARA, RIGHT.
THE NEXT, UH, IS 33 OR 331.3 FOR FAILURE TO CONTROL, WEAVING FULL TIME AND ATTENTION.
UM, I DIDN'T SEE ANYTHING IN THAT SECTION THAT NEEDED TO BE ADDRESSED TO ANYBODY.
HOW ABOUT, UH, THREE 31.3, SIX SQUEALING TIRES, PEELING CRACKING, EXHAUST NOISES.
I JUST LIKED THE TERM CRACKING EXHAUST NOISES.
UM, I, UM, I GUESS THAT WOULD BE, YOU KNOW, I GUESS THE, UH, UH, IT'S NOT, TECHNOLOGY'S NOT THE RIGHT WORD, BUT I GUESS THE MECHANICS HASN'T CHANGED ANY OVER THE YEARS.
WELL, ELECTRIC CARS, AREN'T GOING TO HAVE CRACKING ON WHAT DOS NOISES.
NO, THEY WON'T BE AN ISSUE, BUT THE ISSUE WITH ELECTRIC CARS IS THEY'RE TOO QUIET.
YOU DON'T HEAR THEM COMING UP ON YOU.
WE CALLED APPEALING OUT, NOT APPEALING.
APPEALING TO ME IS A DIFFERENT TERM, BUT, UH, THREE 31.4, ONE SHORTCUTTING AVOIDING TRAFFIC CONTROL DEVICES.
I HATE IT WHEN PEOPLE CUT THROUGH, UH, THE SPEEDWAY TO AVOID THE TRAFFIC LIGHT.
UM, AND SO I WAS KIND OF GLAD TO SEE THAT, YOU KNOW, UH, IT'S JUST ALWAYS, THERE'S NEVER A POLICE OFFICER SITTING IN THE, IN THE CORNER AT THE TIME WHEN THAT HAPPENS TO DO ANYTHING ABOUT IT.
BUT, UM, AND SO MOVING ON THEN I GUESS, UH, THREE 30, ONE 44 DRIVING ON BRANT PIKE.
BUSWAY NOW I WAS PLANNING ON TRYING TO GET OUT AND FIND OUT WHERE THIS IS.
CAN ANYBODY GIVE ME A CLOSE? WHAT THEY'RE TALKING ABOUT THERE? I WAS GOING TO ASK THE SAME QUESTION.
I WAS USING GOOGLE STREETS AND I WAS CONFUSED AS BOTH OF YOU WERE BECAUSE I WAS GOING THROUGH IT WITH GOOGLE STREETS, TRYING TO, TRYING TO TRY TO STREET VIEW AND TRYING TO FIGURE OUT YET.
IT SOUNDS LIKE IT GOES TO LIKE A BUS STATION THAT ONLY BUSES ARE SUPPOSED TO, BUT MAYBE IT DOESN'T EXIST OR IT USED TO EXIST.
IT'S RTA HAVE A BUS STATION IN HUBER HEIGHTS.
NOW THEY DON'T HAVE ANY LIKE A RELAY STATION OR SOMETHING LIKE THAT.
I MEAN, IT SAYS IT'S 300 FEET SOUTH OF STONYHURST BETWEEN BRAND PIPE ACCESS ROAD 300.
THERE'S A LITTLE ACCESS ROAD THERE.
IS THAT WHAT THEY'RE REFERRING TO RIGHT IN FRONT OF WALMART? YEAH.
I'M THINKING THAT'S WHAT THEY MIGHT BE TALKING ABOUT.
BECAUSE I'VE, I'VE SEEN, UH, A FEW HOUSES THERE AND I WAS WONDERING WHAT THE STREET WAS NAMED.
AM I, CAN WE GET A CLARIFICATION FROM ENGINEERING ON THAT? YEAH.
OR, OR EVEN RTA ALSO NAME? I THINK I KNOW.
IS THAT THE ONE THAT YOU TALKED ABOUT THE, THAT GOES OVER TO A FURNITURE STORE, CEDAR HILL FURNITURE, OR IS IT ON THE OTHER SIDE? ACROSS FROM THE WALMART? YEAH.
THAT'S A ROAD THERE WHERE I'M FISHER'S OFFICES ON IT.
WHY? UM, ON GOOGLE MAPS ARE LISTED AS BRANT PIKE.
UM, EVEN THOUGH THEY'RE OFF SITE OFF OF BRAND PIKE AND IT LOOKS LIKE IT'S ABOUT IT PROBABLY A THREE TO 400 FEET
[01:00:01]
AND IT'S ALL STONE HURST.SO THAT LITTLE SECTION OFF STONE, HERS IS ABOUT 300, 300 FEET ON GOOGLE MAPS.
I GUESS MY, MY QUESTION IS SINCE WE'RE NOT REALLY SURE, EXACTLY.
A HUNDRED PERCENT SURE WHAT WE'RE TALKING ABOUT, ONE PROBABLY NEED TO GET CLARIFICATION THEN TWO, IS THAT SOMETHING THAT, I MEAN, IS THIS AN ORDINANCE THAT CAN BE REMOVED? UM, IS IT, I MEAN, IF IT'S, UH, I DON'T THINK IT'S RESTRICTED TO TRAVEL BY RGA BUSES, UNLESS IT'S IN THE CONTRACT, MAYBE WITH THE STREAMING SERVICE WHAT'S THIS, THIS IS SOMETHING THAT WAS PASSED THE 92.
WELL MAYBE SOMETHING THEY USE BACK 92 YEARS AGO WROTE OFF A BRAND PIKE THAT GOES, GOES BY, YOU KNOW, A FEW, MAYBE 25 FEET.
AND THEN HAS THAT ACT, THAT CONNECTOR WHERE, LIKE I SAY, WE'RE RON FISHER'S, UM, OFFICES AT, IF THAT WOULD BE A, I MEAN, AGAIN, IS THAT SOMETHING THAT IS, OR IS THAT A RESTRICTED ROADWAY? AND IF IT'S NOT, AND PROBABLY THE SECTION NEEDS TO BE PULLED OUT OF THE ORDINANCE, I THINK WE JUST NEED TO KNOW A LITTLE BIT MORE FROM ENGINEERING.
W WE'LL WE'LL PUT THAT ON THE LAST, I DON'T NEED TO SEE AN RTA BUS GOING DOWN THAT IF THAT'S WHAT WE'RE REFERRING TO, THEY'D KIND OF BE STUCK AND HAVE TO BACK OUT GREAT OFF STREET PARKING FOR THE RESIDENTS.
IS THERE THAT'S IT? I DID NOTICE ON THE I'M ON GOOGLE MAPS, AS YOU PROBABLY HAVE.
IT LOOKS LIKE IT'S IN TWO SECTIONS.
THERE'S A ADDITIONAL SECTION, FURTHER SOUTH, UM, NOTED THAT SPLIT WHERE FISHER'S PLACED THE HOUSE ACROSS FROM KNICKERBOCKER.
NOW THERE'S LIKE STONYHURST OR ONE OF THOSE STREETS CUTS THROUGH THE CENTER OF THAT ACCESS ROAD.
MIGHT'VE BEEN SOMETHING AT THE TIME.
I DON'T KNOW IF IT STILL NEEDS TO BE CALLED OUT OR NOT FIND OUT FROM ENGINEERING, WHAT THEY CAN TELL US AND GO FROM THERE, I GUESS.
UM, W WHAT IS IT AGAIN, THE TITLE OF THE SECTION CAN BE A LITTLE CONFUSED, UM, BECAUSE IT'S OBVIOUSLY BROADER THAN JUST ERIC.
I THINK BACK WHEN YOU HAD THE CARBURETORS, PEOPLE WOULD REMOVE THE AIR CLEANERS AND DO THINGS THAT WOULD MAKE IT LOUDER.
I, I READ AIR CLEANER, BUT AS I READ THROUGH IT, I HEARD MUFFLER.
AIR CLEANER, THE LITTLE CIRCLE THING ON TOP OF THE CARBURETOR, WHICH THEY DON'T USE THE CIRCLE AIR CLEANERS ANYMORE.
I THINK IT JUST MADE THE CAR LOUDER.
IT DOESN'T AFFECT THE VOLUME, BUT, UH, ON LIKE ON A CAR, ON A CARBORATED ENGINE OR, UH, ON A CARBURETOR I'VE BEEN AROUND, UH, AROUND A LITTLE BIT, OH, MAYBE, MAYBE, MAYBE IT WAS A, AN URBAN LEGEND THAT WORKED AND THEN SOMEHOW ENDED UP IN OUR, IT SEEMS, IT SEEMS TO BE ALONG THE LINES OF SOME SORT OF, OF PROTECTION THAT'S FUNKY ABOUT A FLAME ARRESTING DEVICE AND AN AIR FILTER, RIGHT? YEAH.
SO A QUESTION, I GUESS, UM, IS THE, I DIDN'T GET THE IMPRESSION THAT IT'S REALLY A, NO, THIS ISN'T AS A NORRIS NOISE ORDINANCE OF S OF SUCH THOSE HAVE SOMETHING MORE TO DO WITH, UM, SAFETY.
UM, AND SO I'M NOT REALLY SURE WHAT THE, WHAT, WHAT THE HISTORY OR THE BACKGROUND OF THIS CODE SECTION IS, AND, AND WHAT IS IT ATTEMPTING TO PROTECT WELL, IS IT DOESN'T LIST A, UH, ORDINANCE ASSOCIATED WITH THAT IN THE CITATIONS? I'M ASSUMING IT WAS PROBABLY COPIED FROM THE HIGH REVISE CODE AT SOME POINT.
MAYBE, YOU KNOW, THAT WAS ADJUSTED AT THE STATE LEVEL AND NEVER CHANGED.
A LOT OF THE ONES WITH MENTIONED THE HIGHER REVISE CODE AT THE END THAT THEY COPY.
I GUESS I'M JUST CURIOUS ABOUT THE, THE PURPOSE BEHIND THAT SECTION.
MAYBE JERRY CAN GIVE US A LITTLE BIT OF A, YOU KNOW, AND AGAIN, YOU KNOW, WHOEVER VIOLATES IT IS GUILTY OF A MISDEMEANOR.
I'D LIKE TO KIND OF KNOW MAYBE A LITTLE BIT WHY WE'RE, YOU KNOW, WHY IT'S IN THERE
[01:05:01]
AND WHY IT SHOULD BE CRIMINALIZED AS A CRA AS A MISDEMEANOR.I CAN SEE BACK IN THE DAY, IT COULD HAVE REFERRED TO, YOU KNOW, THE REMOVAL OF THE AIR INTAKE SYSTEM TO PUT ON A BLOWER.
UH, YOU KNOW, SOMETHING LIKE THAT.
I DIDN'T KNOW IF IT HAD SOMETHING TO DO WITH THE CATALYTIC CONVERTER THAT, YOU KNOW, THAT RIGHT.
SO I, LIKE I SAID, I JUST, I WASN'T REALLY SURE.
I WASN'T REALLY SURE WHY IT, WHY IT JUSTIFIES OR RATES EIGHT MISDEMEANOR.
AND THE ONLY THING I COULD SEE THERE WOULD BE AN AFTERMARKET BLOWER OR SOMETHING OF THAT NATURE.
UH, THREE 37.3, ONE SOUND AMPLIFICATION DEVICES AND MOTOR VEHICLES.
UH, I THINK THOUGHT THAT WAS FAIRLY EXPLICIT AND COMPREHENSIVE.
I, DID ANYBODY HAVE ANY COMMENTS ON THAT SECTION MOVING ON TO SECTION THREE 30, CHAPTER THREE 39? UM, I REALLY DIDN'T SEE ANYTHING IN THAT ENTIRE CHAPTER THAT, THAT JUMPED OUT AT ME AS A CONCERN OR HAD ANY QUESTIONS ABOUT ANYBODY ELSE.
UH, WE'RE ON THREE 39, A NUMBER A WHERE IT SAYS FIVE TIMES THE SIZE I DON'T HAVE THERE.
I WAS JUST WONDERING IF WE COULD ALSO SPECIFY MAYBE POUNDS, JUST SO PEOPLE DON'T GET CONFUSED BETWEEN THE TWO TYPES OF TONS.
WHERE, WHICH SECTION YOU'RE IN THREE 39, THREE 39
AND WE'LL SEE IF THAT'S LEAST THAT'S WHAT I HAD IN MY NOTES.
SO HAVING A GROSS WEIGHT OF OVER 16,000 POUNDS PILE.
LET ME LOOK, LET ME LOOK ON, THIS IS WHAT I HAVE IN MY NOTES.
NO PERSON SHALL OPERATE A VEHICLE.
LET'S SAY YOU HAVE A SIZE SPECIFIED IN SECTION BLAH, BLAH, OR EXCEEDING A GROSS WEIGHT OF FIVE TONS WE COULD ALSO, OR INSTEAD SPECIFIED HOURS.
WHAT SECTION IS IT? THERE'S AN INTERSECTION.
I DON'T THINK IT'S AN INTERSECTION THAT JERRY.
SO NOW I'M ASSUMING SO SINCE IT WASN'T ON OUR LIST OR IN OUR GROUP.
THIS ONE HERE WAS ADOPTED, UH, THE LOAD LIMITS ON THESE SPECIFIC ROADS WAS DOCTORED BY THE CITY ORDINANCE.
UM, AND AGAIN, WE DON'T HAVE EXHIBIT A, BUT I'M ASSUMING THE PALLET PART OF HOW ROADS ARE TALKING ABOUT AS THE POUT PART GETS BETWEEN, UH, TROY PIKE AND, AND RIP RAPPER DOWN IN THAT AREA.
I WOULD ASSUME, BUT I WOULDN'T KNOW, WITHOUT LOOKING AT THE EXHIBIT ATTACHED TO THE ORDINANCE, I MEAN, CAUSE IT TALKS ABOUT ENDICOTT, WHICH IS ALSO DOWN IN THAT SAME AREA.
SO I'M ASSUMING THAT'S THE SECTION THAT THEY'RE CONCERNED ABOUT.
UM, CAUSE THERE WERE, SO THERE WAS SOME BRIDGE WORK DONE DOWN THAT WAY.
IF A COUPLE OF YEARS, TWO OR THREE YEARS BACK LESSONS THERE WHERE THEY REPLACED, UH, ONE OF THE BRIDGES DOWN THERE, I'M NOT SURE.
HEY, CHAMBERSBURG HAD, UH, SOME WORK DONE TO THAT SMALL BRIDGE, JUST WEST OF ENDICOTT.
THAT'S THE LAST ONE I CAN REMEMBER.
MAYBE THAT'S WHAT I WAS SAYING AND WAS CHAMBERSBURG ENOUGH FOUL.
UM, ANY OTHER COMMENTS ABOUT, OH, TWO, ONE.
UH, HOW ABOUT ANYTHING ON THREE 30, THREE 39 OH NINE.
[01:10:01]
UH, ACTION.THREE 43, UH, DEALS WITH THE GOLF CARTS.
AND THE ONLY THING THAT I SAW IN THERE IS THE GOLF CARTS LEGISLATION STILL REQUIRES TWO LICENSE PLATES.
OHIO HAS DONE AWAY WITH THE LICENSE PLATE IN FRONT.
SO DO WE WANT TO DO AWAY WITH THAT REQUIREMENT FOR GOLF CARTS? YEAH, I BELIEVE SO.
CAUSE I DON'T THINK OHIO IS EVEN PROVIDING FRONT LICENSE PLATES.
DO WE KNOW, DID WE CHANGE THAT FOR OUR OHIO FRONT AND LICENSE PLATE THAT WE CALL IT FROM OHIO REVISED CODE? WELL, IF THAT WAS A CHANGE IN OHIO REVISED CODE, UH, WHEN WE DO OUR ANNUAL UPDATE WITH THE CODIFICATION SERVICE WHERE THEY, UH, PARALLEL THE OHIO REVISED CODE CHANGES, UH, THAT WOULD BE INCORPORATED THROUGH THAT PROCESS.
UH, UH, TWO LICENSE PLATES OR LICENSE PLATE, ARMOR SALES, COMMA LICENSE PLATE, UH HOW'S HER BUYER BUY OUR REVISED.
YEAH, WE CAN, WE CAN PUT THAT CHANGE IN THERE.
UM, THE CHANGE, WHEN WAS THAT INITIATED WITH LOTS OF DEBATE, NOT TOO LONG AGO.
SO, UH, YOU KNOW, THAT, THAT'S ONE OF THE NEWER ORDINANCES THAT ARE IN HERE.
AND I JUST JUMPED OUT AND WENT AWAY THE SOLID TWO PLATE LICENSE PLATES.
I SAID, WELL, YOU KNOW, I DIDN'T EVEN, I DIDN'T EVEN THINK OF THAT.
YOU GOT ALL THESE GREAT MINDS HERE.
AND I THINK THERE'S ONE OTHER ONE TOO THAT, UH, YEAH, THE NEXT SECTION 3.2.
THEY'RE ALMOST DIRECT COPIES OF EACH OTHER.
UM, UH, OR KIND OF AS A FOLLOW UP THAT THERE WERE SOME CHANGES AT THE STATE LEVEL RELATED TO LOW SPEED VEHICLES.
UM, IT KIND OF, UH, THERE'S A DISTINCTION BETWEEN THE GOLF CARTS AND THE LOW SPEED VEHICLES AND THE UTILITY VEHICLES.
SO THIS ONE IS FAIRLY RECENT ALSO.
I THINK IT WAS, UH, ADOPTED IN 22.
WHAT A ARE THEY TALKING WHEN THEY TALK ABOUT LOW SPEED? ARE THEY TALKING MORE LIKE, UH, LIKE GATORS AND THOSE KINDS OF THINGS, WHAT THEY'RE REFERRING TO? YEAH.
ALONG THOSE LINES, UM, SOME DIFFERENT MANUFACTURERS, HONDA, YAMAHA, WHATNOT, MAKE FOUR WHEEL TYPE VEHICLES THAT YOU CAN PUT LIGHTS AND PLATES AND ALL THAT GOOD STUFF ON AND DRIVE.
IT HAS TO BE THREE OR FOUR WHEEL VEHICLE AND IT CAN'T GO MORE THAN 25 MILES PER HOUR.
MUNICIPALITIES USE THOSE TYPES OF VEHICLES FOR SERVICE VEHICLES.
WELL, I DIDN'T SEE ANYTHING ELSE IN SECTION CHAPTER THREE 44, IF ANYBODY ELSE HAS ANYTHING.
UM, CHAPTER THREE 51 THAT'S DEALING WITH BASICALLY THAT'S THE PARKING CODE? UM, MOST OF THIS STUFF IS PROBABLY VALID.
UH, WHAT WE GET THE MOST CALLS ABOUT IS THE ENFORCEMENT OF, YEAH.
I CAN LIKE A PARK PARKING, A DISABLED VEHICLE ON THE STREET MORE THAN FOUR HOURS.
YOU KNOW, THERE ARE CERTAIN PEOPLE THAT, YOU KNOW, UH, ARE CALLING DAILY ABOUT SOMETHING LIKE THAT.
UH, YOU KNOW, MAYBE WATCHING A NEIGHBOR OR SOMETHING LIKE THAT.
AND, UH, YOU KNOW, SOMETIMES THERE ALWAYS ISN'T THE AVAILABILITY OF A, UH, POLICE OFFICER TO RESPOND TO THAT IMMEDIATELY.
OBVIOUSLY IT'S A LOT AROUND THE PRIORITY LIST OF CALLS.
UM, I NOTICED THAT I, I DON'T THINK I REALIZED THIS, THAT THEY DID AWAY WITH THE STONE EMERGENCY ROUTES.
UM, IT SAYS UNDER THREE 51.22, IT SAYS, UH, OREGON, WHICH REPEALED SECTION THREE 51.2, WHICH PERTAIN TO
[01:15:01]
STONE EMERGENCY ROUTES.I DON'T REMEMBER THAT SPECIFICALLY, BUT I DO REMEMBER THIS, THIS NON EMERGENCY ROUTES BEING IN THERE PREVIOUSLY.
I, I REMEMBER BEING TOLD I HAD TO MOVE A CAR OFF MY, IN FRONT OF MY HOUSE BECAUSE IT WAS A SNOW REMOVAL.
BRIAN, YOU HAVE QUESTION, OH, WELL THE THREE F I WAS HOPING MAYBE COUNCIL AT SOME POINT, OR MAYBE WE SHOULD RECOMMEND COUNCIL LOOK AT THREE 51 18 FOR THE NON-MOTORIZED VEHICLES.
I MEAN, BACK IN 1987, THERE WERE PROBABLY A LOT LESS PEOPLE WHO OWN TRAILERS BECAUSE THERE WERE A LOT LESS PEOPLE WERE CONSIDERED INDEPENDENT CONTRACTORS.
PEOPLE WERE EMPLOYEES AT THAT TIME, MORE LIKELY AND WHERE PEOPLE STORED THEIR TOOLS OR WHERE PEOPLE OR WHERE PEOPLE'S THIRD, SOME WORK EQUIPMENT WAS THEIR BOSSES AND PROBLEM, AND NOT THEIRS.
AND NOW MORE AND MORE IT'S BECOME, YOU KNOW, MAY MAYBE A LITTLE BIT MORE CONSIDERATION GIVEN TO THE INDEPENDENT CONTRACTORS ABOUT HOW ABOUT BEING ABLE TO PUT A TRAILER TEMPORARILY, YOU KNOW, NOT ATTACHED TO A VEHICLE OR SOMETHING LIKE THAT ON THE STREET FOR THAT MIGHT BE SOMETHING THAT MIGHT NEED TO BE LOOKED AT JUST BECAUSE 1987, MOST, MOST PEOPLE WERE EMPLOYEES AND NOT NEARLY AS MANY WERE CONTRACTORS.
I MEAN, I HAVE NO PROBLEM WITH THE CON YOU KNOW, THAT IT, A RECOMMENDATION COMING OUT OF, UH, OUT OF THE COMMISSION THAT, UH, THAT'D BE LOOKED AT IN LIGHT OF THE, YOU KNOW, UH, YOU KNOW, I WON'T SAY CURRENT MARKET, BUT THE CURRENT, YOU KNOW, ECONOMIC WHAT'S, YOU KNOW WHAT PEOPLE ARE ACTUALLY DOING THE CHANGE IN THE WORKFORCE.
AND THAT COULD JUST BE KIND OF LIKE A GENERALIZED RECOMMENDATION, UH, WITH THOSE SPECIFICS, BUT JUST THAT COUNSEL ADDRESS IT, THAT'S OPENING A CAN OF WORMS. OKAY.
THE ONLY, THE ONE QUESTION THAT I HAD WAS IN NOT REALLY EVEN SURE HOW TO PHRASE THE QUESTION I HAD, THERE WAS, THERE WAS NO PENALTY SECTION TWO CHAPTER THREE 51, EXCEPT THERE IS A PENALTY MENTIONED IN SECTION THREE 51.23, WHICH TALKS ABOUT LEAVING MOTOR VEHICLES ON PRIVATE OR PUBLIC PROPERTY.
AND THAT'S, UM, THE FINE IS ON MY, IS GUILTY OF A MINOR MISDEMEANOR, BUT THAT'S THE ONLY PROVISION IN HERE THAT ACTUALLY HAS A PENALTY GERRY.
I HAD A QUOTE, YOU KNOW, I JUST WANT TO MAKE SURE ON THAT THE, UH, TRAILER THING, IF THAT'S SOMETHING THAT WE'RE GOING TO RE CIRCLE CIRCLE BACK AROUND ON, UM, YOU KNOW, CAUSE WE ARE ONE OF THE FEW ORDINANCES I THINK OUTSIDE OF OAKWOOD THAT DO HAVE THAT, UH, IN REGARDS TO A TRAILER.
AND I THINK IT REALLY IMPACTS OUR TRADES PEOPLE TO WHERE I SEE MORE TRAITS PEOPLE IN CERTAIN COMMUNITIES THAT ACTUALLY HAVE THE ABILITY TO GROW THEIR BUSINESS.
AND IF WE ARE GOING TO BE A COMMUNITY THAT, UH, YOU KNOW, IS A GREAT STARTER COMMUNITY FOR FIRST TIME HOME BUYERS AND THEN THEY DO EVOLVE, I WOULD BE WILLING TO EVEN BET THAT SOME TRAITS PEOPLE HAVE LEFT OUR CITY BECAUSE THE INABILITY TO GROW OR UPSOLD.
UM, AND I MEAN, YOU HAVE DAYTON AND FAIRBORN THAT ARE TIED IN THROUGH, OFF OF BELL FOUNTAIN AND EVEN RIVERSIDE.
AND YOU CAN DRIVE IN THOSE COMMUNITIES AND YOU SEE TRAILERS THAT ARE IN THE DRIVES ON OFF STREET PARKING.
WHEREAS IN HERE IT'S NOT ALLOWED, YOU KNOW WHAT I MEAN? SO, I MEAN, IT'S JUST SOMETHING TO RE IF WE'RE GOING TO REVISIT AND I DON'T KNOW WHERE IT'S GOING TO BE AT IN THE ORDINANCES, BUT LIKE, YOU KNOW, THE ECONOMY'S CHANGING.
AND ESPECIALLY WITH COVID AND I THINK A LOT OF COMMERCIAL BUSINESSES ARE STARTING TO REALIZE THAT, YOU KNOW, YOU DON'T HAVE TO HAVE A BRICK AND MORTAR OPERATION ANYMORE AND YOU CAN ACTUALLY, UH, STREAMLINE THINGS.
SO IT'S JUST A THOUGHT, I JUST WANT TO MAKE SURE WE'RE GOING BACK AND REVISITING THAT THIS WOULD BE THE TIME TO DISCUSS IT.
UH, THE ONLY THING I WOULD SAY IS THAT THE COMMISSION FEELS VERY STRONGLY ABOUT THIS ISSUE.
UH, I WOULD SUGGEST RATHER THAN JUST THROWING IT FORWARD TO COUNCIL, TO LOOK AT THE ISSUE IN A GENERAL SENSE, UM, YOU KNOW, THE COMMISSION HAS THE ABILITY TO GATHER SOME INFORMATION, UH, YOU KNOW, UH, OTHER ORDINANCES, LIKE YOU MENTIONED IN OTHER
[01:20:01]
COMMUNITIES AND TO PROPOSE SOMETHING AS LONG AS THE MAJORITY OF THIS COMMISSION AGREES TO FORWARD IS THE RECOMMENDATION TO COUNCIL.AND THEN COUNCIL COULD REACT TO THAT RECOMMENDATION VERSUS JUST, YOU KNOW, LEAVING IT OPEN TO THEM TO TAKE ANY TYPE OF ACTION THEY SEE FIT.
SO I GUESS IT'S REALLY A MATTER OF HOW STRONGLY THIS COMMISSION AS A GROUP, UH, FEELS ABOUT THAT ISSUE, UM, AS TO WHAT THE BEST PROCESS FOR, UH, KEEPING THAT, UM, ON THE AGENDA WOULD BE.
I KIND OF WOULD LIKE TO SEE WHAT OTHER COMMUNITIES ARE, HOW THEY'RE HANDLING THAT SITUATION, YOU KNOW, ESPECIALLY COMMUNITIES LIKE FAIRBORN, VANDALIA, UH, COMPARABLE, YOU KNOW, CITIES WITH, YOU KNOW, STREETS THAT ARE, YOU KNOW, SIMILAR TO WHAT WE HAVE HERE IN HUBER HEIGHTS, UH, KETTERING, UH, TO SEE IF THEY'VE GOT ANY KIND OF, UH, ONE WAY OR THE OTHER.
I MEAN, YOU KNOW, UM, CAUSE OBVIOUSLY I DON'T THINK ANY COMMUNITY IS GOING TO WANT TRAILERS PARKED ALL OVER THEIR STREETS FOR ANY EXTENDED PERIOD OF TIME.
UM, BUT YOU KNOW, MAYBE OTHER COMMUNITIES AND MAYBE THAT'S NOT A PROBLEM.
AND, UM, BUT I AGREE, JERRY, I THINK WE, WE, WE PROBABLY SHOULDN'T HAVE BEEN SO CAVALIER ON IT AND, UH, I THINK POSSIBLY TOO, IF WE CAN, YOU KNOW, HOW WE PULLED IN REGARDS TO THE REPUBLIC CONTRACT AND JUST PUT AN AWARENESS ON THERE, CAUSE I'VE MADE COMMENTS BOTH ON FACEBOOK AND NEXT DOOR AND I'VE HAD PEOPLE DIRECTLY CONTACT ME PRIOR TO EVEN THE COMMISSION, BECAUSE I HAD THE INCIDENT, I EXPERIENCED AN INCIDENT WITH MYSELF IN REGARDS TO THE CITY AND HOW IT WORKED OUT THERE COULD HAVE BEEN A BETTER WAY OF HANDLING THAT OTHER THAN HOW IT PLAYED OUT.
SO I MEAN, IT PROBABLY HAS, THERE IS, THERE'S SOME MOTIVATION HERE, YOU KNOW, I'M IMPARTIAL, I FOLLOW THE ORDINANCE AND I, I, YOU KNOW, CORRECT THE SITUATION.
HOWEVER, IT'S AN OPPORTUNITY TO POSSIBLY CHANGE THAT.
I WOULD LOVE TO CALL A PLUMBER THAT'S IN MY AREA OR A CARPENTER OR A HOME IMPROVEMENT GUY.
BUT AT THE SAME TIME, YOU KNOW, YOU GOTTA POUR A PAD OR SOMETHING.
THAT'S HONESTLY, YOU KNOW, I HAD ESTIMATES AS HIGH AS $9,000, A POOR PAT ON THE SIDE OF MY HOUSE TO APPEASE THIS ORDINANCE.
AND IT JUST DIDN'T MAKE ANY SENSE WHEN I HAVE A DRIVEWAY THAT'S 55 FEET LONG.
UM, YOU SEE WHAT I'M SAYING? IT JUST HAS TO BE SOME COMMON SENSE AND, AND PREDICTABILITY TO IT IN MY OPINION.
NO, I, I, I HEAR WHAT YOU'RE SAYING.
WELL, THAT'S WHAT I WAS SAYING RATHER THAN, YOU KNOW, DEPENDING ON HOW STRONGLY EVERYBODY FEELS ABOUT IT, WOULD YOU WANT TO DO SOME WORK AROUND COMING UP WITH A PROPOSAL FOR ADDRESSING THAT ISSUE VERSUS JUST KICKING IT TO CITY COUNCIL AND SAY, HEY, LOOK AT THIS ISSUE BECAUSE I THINK YOU'RE GOING TO GET TWO DIFFERENT RESULTS.
I THINK I'D LIKE TO SEE, YOU KNOW, IF WE'RE GOING TO COME UP AND I HAVE NO PROBLEM WITH ADDRESSING IT FURTHER.
UM, BUT I'D LIKE TO SEE HOW OTHER CITIES MIGHT BE DEALING WITH IT.
UM, SO THAT WE HAVE A FRAMEWORK WITHIN WHICH MAYBE DOES COME UP WITH A PROPOSAL FOR COUNCIL.
AND IT'S NOT EQUALLY ENFORCED EITHER.
I MEAN, I CAN DRIVE WITHIN FOUR OR FIVE BLOCKS AND I SEE THEM ON THE STREET AND IN MY OPINION, IT'S LIKE, YOU KNOW, I LIVE ON A MAIN ROAD AND PEOPLE DRIVE BY MY HOUSE, WHICH IS FINE.
AND IT SITS IN A DRIVEWAY, NOT THE STREET.
AND YET, YOU KNOW, I PURSUED IT WITH THE CITY ON HOW THE AWARENESS WAS BROUGHT TO THE AVERAGES.
AND THEY HAD SAID IT WAS SELF OBSERVATION.
YOU KNOW WHAT I MEAN? THEY HAD SEEN IT DRIVING UP AND DOWN THE STREET.
SO THAT'S JUST ONE OF THOSE THINGS.
I JUST THINK WE NEED TO LOOK INTO A LITTLE FURTHER AND, AND I REQUESTED TO HAVE AN EXCEPTION TO IT.
AND IN THE PROCESS FOR THAT WAS JUST RATHER, UH, IT JUST DIDN'T MAKE ANY SENSE AS WELL.
IT SEEMED LIKE ONE PERSON WAS ABLE TO MAKE A DECISION AND THAT WAS IT.
AND THEN I COULD HAVE BOUGHT IT BEFORE AND I'LL BE, I'M GOING TO JUST FULL DISCLOSURE.
I'M GOING TO, I BROUGHT UP BEFORE THAT PEOPLE, YOU KNOW, I WAS GOING TO BRING IT IN FRONT OF, I THINK IT'S THE PROPERTY PROPERTY REVIEW COMMISSION, THAT'S REVIEW BOARD.
AND THEN THERE'S THE BOARD OF ZONING.
SO I BOUGHT A HOUSE THAT WAS REALLY DISTRESSED HERE IN HUBER.
AND I NEGOTIATED A LAND CONTRACT SIMPLY BECAUSE THE AMOUNT OF WORK THAT WAS PUT INTO IT NOW I'D PAY THE TAXES, THE INSURANCE I LIVE HERE, YOU KNOW, MY WIFE AND I BOTH WORK.
HOWEVER, THE WAY THE LAWS IT WAS WRITTEN, I COULDN'T, YOU KNOW, I PETITIONED THE OWNER OF THE PROPERTY FOR THE D EVEN THOUGH I HAVE THE LAND CONTRACT THAT WAS WRITTEN BY AN ATTORNEY AND FILED AT THE COUNTY RECORDER'S OFFICE, HOWEVER, HOW IT WAS WRITTEN AND HOW I COULD DO IT, I HAD TO HAVE THE OWNER'S PERMISSION.
WELL, HEBREW HIGH IT'S, 24% OF THE PROPERTIES I THINK ARE INVESTMENT OWNED.
SO, YOU KNOW, YOU GOT TENANTS, THAT'S ONE THING, BUT AT THE SAME TIME, IT'S JUST, IT JUST NEEDS TO BE CLARIFIED A LITTLE BIT MORE, YOU KNOW WHAT I MEAN? THE PROCESS AND, AND THERE'S, THERE'S ALWAYS AN EXCEPTION TO EVERYTHING.
UM, ESPECIALLY IF IT MAKES SENSE, IN MY OPINION, YOU KNOW, TO WHERE YOU CAN BRING IT UP, THAT'S ALL, THAT'S, THAT'S WHAT I WANTED TO SAY ABOUT IT.
LIKE I SAID, I HAVE NO PROBLEM WITH, UH, LOOKING, SEEING HOW
[01:25:01]
OTHER CITIES ARE ADDRESSING THE PROBLEM.YOU KNOW, ONE OF THE THINGS THAT, UM, YOU KNOW, YOU MENTIONED, AND IT'S A, IT'S A PROBLEM, UH, OR AN INCH DOWN A PROBLEM NECESSARILY, BUT AN ISSUE.
AND THAT IS, YOU KNOW, UH, ENFORCEMENT.
UM, AND YOU KNOW, WE RAN INTO THAT A LOT WHEN I WAS ON COUNCIL, NOT IN THE ZONING AREA, YOU KNOW, HOW, HOW DO YOU MAKE THAT, YOU KNOW, MEET THE BALANCE BETWEEN BEING COMPLAINT DRIVEN VERSUS BEING, YOU KNOW, JUST, UH, UH, CITY, UH, I MEAN, WE, WE WENT THE FULL SPECTRUM.
WE WENT TO THE WHOLE SPECTRUM FROM WHERE YOU WENT.
UH, IF, IF AN INSPECTOR WENT TO ONE HOUSE FOR A COMPLAINT, THEY COULD DEAL WITH THE COMPLAINT, BUT AS THE OTHER HOUSE, RIGHT NEXT DOOR IS JUST AS BAD.
THEY HAD TO LOOK AT THE, LOOK AT IT WITH BLINDERS ON, THEY COULDN'T ADDRESS THE PROBLEM RIGHT.
NEXT DOOR BECAUSE IT WASN'T COMPLAINT DRIVEN.
UM, YOU KNOW, AND IT'S OF FLOWED BACK AND FORTH A LITTLE BIT IN TERMS OF, OF, AND THAT'S MORE OF A, UH, NOT SO MUCH HOW THE ORDINANCE IS WRITTEN.
IT'S JUST HOW THE POLICY BEHIND THE ENFORCEMENT AND THE APPLICATION ON IT.
UH, SO I THINK WE'RE KIND OF, YOU'RE KIND OF DEALING IN SOME RESPECTS, MAYBE WITH TWO ISSUES, ONE WOULD BE, LET'S TIGHTEN UP THE ORDINANCE, LET'S CLARIFY THE ORDINANCE.
LET'S MAKE THE ORDINANCE MAKE MORE SENSE IN LIGHT OF WHAT'S GOING ON TODAY AND THE ECONOMY.
I DON'T KNOW HOW WE ADDRESS, OR EVEN IF WE CAN ADDRESS THE SECOND PROBLEM.
AND THAT IS, IS IT BEING, UH, APPLIED AND ENFORCED UNIFORMLY ACROSS THE BOARD WITH EVERYBODY? NO.
I DON'T KNOW THAT, YOU KNOW, MAYBE WE CAN COME UP WITH A SOLUTION, BUT I'M NOT SURE THAT THAT'S SOMETHING THAT, UH, UH, THE FIRST PART WOULD BE WITHIN THIS COMMISSIONS PER VIEW.
I THINK THE SECOND PART IS REALLY A POLICY DECISION FOR BOTH THE CITY MANAGER AND THE CITY COUNCIL TO DETERMINE, UH, THE APPLICATION OF, OF THE, THE ENFORCEMENT OF THE ZONING VIOLATION.
SO YOU'RE GOING TO GET SOME INFORMATION FOR US, TONY, FROM OTHER COMMUNITIES.
WELL, I MEAN, IF I CAN PROBABLY HELP OUT TONY WITH THAT, CAUSE I MEAN, I'VE, I'VE HAD, I'VE MOVED PEOPLE FROM HUBER TO THERE THAT HAVE BOATS THAT LEFT HUBER AND WHAT TO BE RECREATED TO BE IN A REALTOR.
YOU KNOW? SO, I MEAN, I'VE RAN INTO THOSE.
I, I, I'VE GOT PEOPLE THAT HAVE DIRECT MESSAGE ME AND WHEN WE GET TO THIS POINT, THEY ASKED IF THEY COULD APPROACH TO COMMISSION AND, OR BRING IT UP.
SO I'M JUST, I GUESS FROM HERE, TONY, I GUESS WE FIGURE OUT HOW WE CAN DO THAT.
IF THESE PEOPLE WANT TO SPEAK AND THEY LIVE IN OUR CITY, YOU KNOW, ONE OF THEM IS A FEDERAL RETIRED EMPLOYEE ALONG WITH THE FEDERAL.
HE RETIRED FROM THE MILITARY AS WELL.
HE'S VERY ADAMANT ABOUT SPEAKING ABOUT IT.
UM, AS FAR AS THAT CAMPER, THAT HE CAN'T PARK AND HE LIKES TO CAMP AND HE'S JUST LIKE, IT DOESN'T MAKE ANY SENSE THAT I CAN'T PARK MY CAMPER IN MY DRIVEWAY.
SO PARTICIPATION, SINCE THE MEETINGS TO DATE HAVE BEEN REMOTE, I AM ADVERTISING ON THE MEETING NOTE AS A PROCESS BY WHERE CITIZENS CAN SUBMIT COMMENTS TO THE COMMISSION, UH, TO HAVE THEM ADDRESSED BY THE COMMISSION.
UH, THERE'S A EMAIL AND A PHONE NUMBER THAT THEY CAN, UH, PROVIDE THOSE COMMENTS TO.
UM, AT THE LATTER PART OF TONIGHT'S MEETING, I WAS GOING TO ASK TO JUST BRIEFLY HAVE A DISCUSSION ABOUT, UH, IF WE WANT TO CONTINUE, UH, DOING REMOTE MEETINGS OR, UH, RESUME IN PERSON MEETINGS, UH, CITY COUNCIL THIS WEEK WENT BACK TO A HYBRID FORM OF MEETINGS WHERE SOME MEMBERS ARE BEING REMOTELY, UH, PARTICIPATING AND OTHERS ARE IN PERSON, BUT WE HAVE OPENED UP, BACK UP TO THE PUBLIC.
SO, UH, THE, THE, UH, WE COULD DO THE SAME WITH THIS PARTICULAR COMMISSION AS WELL.
SO, UH, THAT'S GOING TO BE IN THE PROCESS PART OF THE, UH, MEETING AT THE, OF THE DISCUSSION TONIGHT.
YEAH, WE, WE HAD A SIMILAR, I MEAN, AN ONGOING ISSUE IN THE CITY DEALING WITH, UH, PEOPLE WHO ARE OVER THE ROAD, TRUCK DRIVERS, YOU KNOW, PARKING THEIR TRUCKS ON LIKE SHOPPING CENTERS, YOU KNOW, FOR THE WEEKEND WHILE THEY'RE HOME.
CAUSE THEY'VE REALLY GOT NO OTHER PLACE TO PARK, YOU KNOW, THE RIG.
UM, AND THAT KIND OF, IS IT A SIMILAR TYPE OF ISSUE AND THAT IS, ARE, DOES THE CITY WANT TO HAVE AN ISSUE OR DOES THE C ONE TO PROVIDE THE ABILITY OF, FOR PEOPLE TO PARK THEIR, THEIR TRUCKS AND, YOU KNOW, THAT'S KIND OF A, UM, UH, A POLICY AND I THINK THE GENERAL CONSENSUS AND MAYBE IT'S CHANGED, BUT IT WAS, THE ANSWER WAS NOW.
UM, BUT SO, UH, JOE, YOU HAD IT.
WE'RE TALKING ABOUT THIS THREE 51 POINT 18, RIGHT.
[01:30:03]
NON-MOTORIZED VEHICLES NOT TO BE PARKED ON STREETS.WHERE DOES IT SAY YOU CAN'T PARK YOUR TRAILER? I MEAN, UNLESS I'M READING THE WRONG ONE, WHERE DOES IT SAY YOU CAN'T PARK THE TRAILER IN YOUR DRIVEWAY? THAT'S WHAT I'M CONFUSED ABOUT UNLESS YOUR DRIVEWAY IS CONSIDERED A STREET, BUT I DON'T THINK IT IS.
I MEAN, I UNDERSTAND THAT THE ISSUE OF IT MIGHT, I DON'T KNOW SPECIFICALLY, BUT THERE'S SOME OF THESE THINGS THAT ARE IN DIFFERENT SECTIONS OF THE CODE, SO IT COULD BE IN THE ZONING CODE.
GOT THAT ELEMENT, BUT I DON'T KNOW FOR SURE.
WE GOT LED INTO IT BY JUST THE CHALKING OF THE WHEELS IS WHAT I SEE HERE.
AND THEN IT SORTA GOT INTO THAT AND I JUST WANTED TO MAKE SURE WE DIDN'T MISS IT.
SO I DIDN'T WANT TO LOOK AT THE TOPIC.
I WAS JUST, I WAS THOUGHT MAYBE THEY WERE, YOU KNOW, ENFORCING IT WRONGLY PERHAPS OR SOMETHING LIKE THAT OR IF I WAS MISSING SOMETHING.
YEAH, NO, I THINK MORE GENERALLY THAN ANY ONE SPECIFIC COACH.
SOMETHING ON THE PROPERTY WOULD BE CONSIDERED A ZONING ISSUE.
THE TRAFFIC CODE HERE IS ON PUBLIC STREETS.
SO DO YOU HAVE A PROBLEM WITH THE, ON THE STREETS, JERRY THAT'S? I DON'T, YOU KNOW, PERSONALLY, I WOULDN'T WANT TRAILER PARKED IN THE STREET.
I THINK, I THINK THAT WOULD BE FINE.
YOU KNOW, YOU SEE THEM PARKED IN THE GRASS AND, YOU KNOW, I SEEN SOME PARKED IN THE GRASS WHEN DRIVING AROUND, IT'S LIKE SUPPOSED TO BE ON A ASPHALT OR CONCRETE SURFACE.
SO LIKE I SAID, THERE'S JUST, IT'S JUST NOT UNIFORMLY ENFORCED.
AND IT'S JUST, IT'S JUST SOMETHING THAT, YOU KNOW, IF THERE'S A WORK AROUND OR, YOU KNOW, NOT EVEN A WORKAROUND, JUST A COMMON SENSE APPROACH OUTSIDE OF POSSIBLY WHAT I RAN INTO WITH A LAND CONTRACT.
YOU KNOW WHAT I MEAN? I MEAN, AND I, YOU KNOW, I I'M A MORTGAGE BANKER TOO, SO I'M A REALTOR AND A MORTGAGE BANKER.
I QUALIFIED FOR A MORTGAGE, BUT THIS PARTICULAR PROPERTY AND GETS SO MUCH WORK THAT I'M NOT GOING TO PAY INTEREST AND SPECS THAT JUST TO BRING IT BACK TO MARKET.
YOU KNOW, I HAD TO NEGOTIATE WITH THE INDIVIDUAL, BUT MY CASE IS UNIQUE IN THAT, YOU KNOW, I'M NOT BIASED IN MY CASE, BUT I DID TRY TO ESCALATE IT TO, TO FIND CLOSURE AND WE CAN TALK ABOUT IT ONCE WE GET INTO THAT ZONING ORDINANCE AND THEN THE APPROACH AND ALL THAT.
AND I'LL, I'LL EVEN NOTATE WHERE, WHERE I GOT HELD UP AT.
SO TO BE CLEAR, UH, THERE'S NOT A CONCERN ABOUT THIS PARTICULAR PART OF THE CARD.
YOU'RE NOT ADVOCATING FOR PARKING, UH, UNATTACHED TRAILERS ON A PUBLIC STREET.
I AM NOT ADVOCATING FOR THAT AT ALL.
I THOUGHT YOU WERE SAYING IT FOR LOADING OR UNLOADING OR SOMETHING LIKE THAT.
LIKE YOU HAVE A CONTRACTOR OUT HERE THAT'S JUST FOR THE DAY DURING BUSINESS HOURS IN NEW YORK OR ANYWHERE ELSE.
I I'VE ACTUALLY HEARD BOTH VERSIONS.
I'VE HEARD PEOPLE COMPLAIN ABOUT THE PARKING TRAILERS ON THE STREET AND THE ZONING IS THAT IT GAVE THEM REALLY NO PLACE TO PUT THEIR TRAILER BETWEEN THE TWO.
SO MAYBE IT'S KIND OF, WE DON'T, WE SHOULDN'T NECESSARILY LOOK AT THREE 50, ONE 18 IN ISOLATION.
WE SHOULD POSSIBLY LOOK AT MAYBE THE TWO, THE ALSO THE ZONING LAW THAT DOESN'T LET THEM PUT IT IN THEIR DRIVEWAY OR IN THEIR YARD EITHER.
IS THAT, THAT'S WHERE I I'VE ACTUALLY HEARD PEOPLE COMPLAIN.
IS THAT BETWEEN THE TWO, IT DOESN'T IT BETWEEN BOTH IDEAS.
IT PROBABLY GIVES A VERY LITTLE PLACE WHERE THEY CAN PUT THEIR TRAILER AT ALL.
WE'LL, WE'LL, WE'LL CAPTURE IT AS WE MOVE THE DISCUSSION FORWARD INTO THE PLANNING AND ZONING.
UM, UH, NOW THE, UM, THE, THE QUESTION THAT I HAD DEALING WITH THE PENALTY ASPECTS OF THREE 51, UH, AND, UM, AND THREE, UH, BECAUSE IN SECTION THREE 51.23, THERE IS A, THERE'S A PENALTY SECTION.
BUT THAT TALKS ABOUT A MINOR MISDEMEANOR.
NONE OF THE OTHER SECTIONS, UM, HAVE, UM, ANY KIND OF, UH, UH, UM,
[01:35:01]
DEALING WITH A PENALTY.UM, BUT IT SAYS, LIKE FOR EXAMPLE, THREE 50, ONE 14 SAYS WHOEVER, WHOEVER LIKES IT VIOLATES THE SECTIONS, GO, YOU'RE PARKING A DISABLED VEHICLE, WHOEVER VIOLATES A SECTION AND IS GUILTY OF THE BANDING OF VEHICLE.
SO YOU'RE GUILTY OF ABANDONING OF VEHICLE.
WHAT IS THE PENALTY FOR THAT? W WAS IT, DID YOU LOOK AND SEE IF THE PALLIATE MIGHT'VE BEEN SPECIFIED IN PARTS THAT WERE COPIED FROM OHIO CODE? I DID NOT.
AND, UH, I'LL, I'LL EXPLORE, IT MIGHT, IT KIND OF OVERLAP WITH THE IDEA THAT VEHICLES CAN BE TOWED.
UM, AND THAT PRIMA DID HAVE TO PAY THE PENALTY ASSOCIATED WITH HAVING TO HAVE A TOWED.
AND THAT WE DON'T WANT TO HAUL ANYBODY OFF TO JAIL AND WE CAN JUST EASILY JUST TOW IT AND PELL THE, AS ALWAYS JUST TO RETRIEVE YOUR CAR AND PAY THE FEES TO GET YOUR CAR BACK, OR YOU LOSE THE CAR.
I DIDN'T SEE ANY KIND OF LIKE GENERALIZED SECTION DON.
UH, JIM, IF YOU TAKE A LOOK AT, UM, ONE OH 1.99, OKAY.
IT'S ALL THE WAY BACK WHEN WE FIRST STARTED TALKING ABOUT, UH, GENERAL PENALTY.
IT'S SORT OF, UM, I THINK IT SPEAKS TO WHAT YOU'RE ASKING ABOUT THERE, WHERE, SO WHENEVER IN THE CITY CODE IN ANY ORDINANCE OR THE MUNICIPALITY, ANY ACT IS PROHIBITED OR HAS MADE, DECLARED TO BE UNLAWFUL OR AN OFFENSE, UM, YADA YADA, UM, OR NO SUCH SPECIFIC PENALTY AS OTHERWISE PROVIDED SUCH VIOLATION SHALL HAVE THE SAME PENALTY AS A MINOR MISDEMEANOR.
PROBABLY IT DOES, UH, BACK IN.
I THINK ALL THE OTHER SECTIONS, WELL, NO, ON THIS SECTION, A LOT OF THEM, I THINK IT WAS IN THE OHIO CODE, IT WAS ESCALATING PENALTIES.
LIKE THE MORE YOU VIOLATE IT, THE MORE YOU VIOLATE IT, SIX MONTHS LATER, YOU BILE AGAIN, IT'S A HIGHER DEGREE MISDEMEANOR OR WHATEVER.
JIM IS KIND OF ODD THAT, UM, THAT ONE SECTION JUMPS OUT WITH A, UM, SPECIFIC PENALTY AS OPPOSED TO SECTIONS THERE.
I'D LIKE TO SAY THAT THAT'S, THAT'S WHAT MADE ME START THINKING ABOUT IT.
I SAID, WHY DOES THIS ONE HAVE A PENALTY THAT'S RATHER EXTENSIVE, BUT, AND MAYBE THERE WAS SOME RATIONALE BEHIND THAT.
AND WHEN THAT WAS PASSED IN 2010, UH, CAUSE THAT'S THE LAST TIME IT WAS UPDATED.
THEN THE CIVIL IN THE NEXT CHAPTER DEALS WITH THE CIVIL INFRACTIONS VIOLATIONS BUREAU, THIS BUREAU EXIST.
I'M GONNA SAY, APPARENTLY I'VE NEVER GOTTEN A TICKET.
SO APPARENTLY I HAVE NEVER HAD ANY DEALINGS WITH THIS BUREAU, BUT, UH, YEAH, I GOOGLED IT.
AND THE ONLY THING I COULD FIND IN GOOGLE WAS THIS, THIS WHAT THIS ORDINANCE TONY DO? DO WE HAVE SUCH A EURO? OKAY.
UM, I DON'T KNOW SPECIFICALLY BECAUSE I'M NOT INVOLVED WITH THAT DAY-TO-DAY BUT UM, I ASSUME THIS IS HOW PARKING TICKETS ARE HANDLED.
THIS IS THE FRAMEWORK FOR DOING SO I CAN VERIFY THAT.
UM, I MEAN, IT'S NOT THAT ALL THAT WAS PASSED IN 2011.
AND I TH I, I VAGUELY REMEMBER THAT THERE WAS DISCUSSION ABOUT, WE WANTED TO, UH, BASICALLY DECRIMINALIZE AND TAKE AWAY THE PARKING FROM HAVING TO GO TO THE COURT SYSTEM.
UH, WHICH I THINK PRIOR TO THIS IS PROBABLY WHAT HAPPENED IS THAT, YOU KNOW, YOU BASICALLY, UM, YOU WERE, YOU WERE, UH, YOU WOULD GET POINTS ON YOUR LICENSE FOR VIOLATING, PROBABLY ONE OF THE PARKING ORDINANCES.
YOU KNOW, THAT MIGHT BE AN, IT MIGHT'VE BEEN AN ISSUE, BUT I THINK THAT THERE WAS SOME QUESTIONS ABOUT WHETHER OR NOT, UH, CREATING A, KIND OF A CIVIL, UM, WAY OF COLLECTING FEES FOR THE CITY, YOU KNOW, IN GENERATING MONEY FOR THE CITY THAT AT THE SAME TIME, UH, ALLEVIATING THE BURDEN ON THE COURT SYSTEM, UH, BY CREATING THIS.
BUT I, AGAIN, I HAD NEVER HEARD OF THIS PROCESS WELL, AND I THINK IT WAS
[01:40:01]
TO ALSO, IF I RECALL JIM, UM, MAYBE TO ALLOW, UM, OTHER EMPLOYEES OF THE CITY, OTHER THAN POLICE OFFICERS TO BE ABLE TO ISSUE THOSE TYPES OF VIOLATIONS.UM, SO WE'LL JUST CLARIFY THAT THIS IS THE PROCEDURE THAT WE'RE STILL WORKING ON.
I THOUGHT I THOUGHT THE PROCEDURE WAS FAIRLY WELL-DEFINED AND, AND DETAILED IN TERMS OF HOW IT WAS LAID OUT.
WELL, WE'LL SEE, UH, IF IT'S BEING DONE AND IF SO, WHO'S DOING IT.
REPLACE THE COURT SYSTEM OR WITH AN ALTERNATIVE TO THE COURT SYSTEM.
LIKE IF THE PERSON IS STILL WANTING TO GO TO THE COURT, COULD THEY, OR IS THAT, THAT, I DON'T KNOW.
UH, I DIDN'T SEE ANYTHING IN HERE INDICATING ANY COMING OF THAT.
UH, YOU KNOW, YOU WOULD HAVE LIKE THE RIGHT TO APPEAL TO THE COMMON POLICE COURT OR THE, YOU KNOW, THE MUNICIPAL COURT.
IT JUST SAYS THAT THE, THE FINE ESTABLISH CANNOT, THE PENALTY CANNOT BE EXCEEDED THE FINE ESTABLISHED BY THE COURT THAT HAS JURISDICTION OVER THE CITY.
THERE IS A, A PROCESS BY, UH, UH, THERE CAN BE A HEARING EXAMINER TO HEAR CHALLENGES, THE PARKING TICKETS, IF YOU'RE IN SET BY THE BUREAU AND THE HEARING OFFICER'S SHALL BE AN ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN OHIO OR FORMERLY EMPLOYED AS A LAW ENFORCEMENT OFFICER.
IT'D BE INTERESTING TO KNOW HOW THIS IS ACTUALLY BEING DONE.
AND IT SAYS THE CITY MANAGER CAN ALSO ASSIGN OTHER DUTIES TO CITY, OTHER CITY PERSONNEL AS IS NECESSARY TO OPERATE THOSE.
I THINK IT SOUNDS MUCH MORE IMPORTANT THAN IT PROBABLY IS.
I MEAN, OBVIOUSLY A LOT OF TIME AND EFFORT WENT INTO CREATING THIS ORDINANCE.
UM, AND IT ALMOST APPEARS AS JUST AN ALTERNATE OPTION TO THE COURT SYSTEM THAT IT CAN BE DONE ALMOST A MAYOR'S COURT, UH, SO TO SPEAK.
IT WAS THE ONE THING THAT IT CREATES IS A CIVIL JUDGMENT AT THE END OF, AT THE, YOU KNOW, W W WHATEVER THE PENALTY, IF IT'S NOT PAID, THEN A JUDGMENT CAN BE RENDERED AGAINST THE INDIVIDUAL THAT I ASSUME WOULD THEN BE ABLE TO BE ENFORCED LIKE ANY OTHER TYPE OF, YOU KNOW, CIVIL JUDGMENT.
BUT IT SAYS IN THIS CASE, THE FINES PAID TO THE FINANCE DIRECTOR OF THE CITY.
I'D BE INTERESTED IN KNOWING HOW YOU LIKE IT WHEN, UH, WHEN A POLICE OFFICER WRITES A TICKET, YOU KNOW, FOR PARKING, WHAT, WHAT IS THE PROCESS THAT WE'RE USING? WELL, I CAN TELL YOU, THERE'S NO OFFICE SPACE FOR THIS CIVILIAN VIOLATIONS BUREAU OR WHATEVER IT'S CALLED.
UH, AND THEN ALSO IN, UNDER THE PARKING VIOLATIONS OF CIVIL INFRACTIONS, I MEAN, IT MENTIONS THERE THAT NO VIOLATION SHALL BE CONSIDERED A MISDEMEANOR OF ANY CLASS AND NO PERSON SHALL BE ARRESTED FOR A VIOLATION OF A PARKING VIOLATION.
SO IT KIND OF TAKES IT A LITTLE BIT OUT OF THE, I GUESS, FULLY LEGAL REALM AND PLACES AND INTO AGAIN, A DIFFERENT TYPE OF ACTION.
I THINK IT, IT, IT, IT REMOVES IT FROM, UH, ANY KIND OF CRIMINAL CASE, UH, YOU KNOW, BE IT A MINOR MR. MEANER OR BE IT A TRAFFIC OFFENSE.
SO IT WOULD NOT BE CONSIDERED AN OFFENSE OF ANY KIND, UM, IT'S A VIOLATION OF THE PARK CODE, AND THEN IT CAN BE ENFORCED CIVILLY.
THE LAST SECTION IS CHAPTER THREE 73, AND IT DEALS WITH SAFE WRITING REGULATIONS FOR MOPEDS.
DO THEY EVEN EXIST ANYMORE? I CAN'T REMEMBER THE LAST TIME I SAW A MOPED.
[01:45:01]
IT LOOKED LIKE THIS WAS ALL DONE IN 83, SO THAT WAS PRETTY HOT.SO, UM, I GUESS THAT, YOU KNOW, AS LONG AS THERE IS MOPEDS AROUND, WE PROBABLY OUGHT TO KEEP, YOU KNOW, KEEP IT ON THE BOX.
ANY QUESTIONS ABOUT THAT SECTION AT ALL? NO.
WELL, I THINK THAT IS ALL OF THE SECTIONS THAT, UH, WE WERE PROVIDED BY JERRY MCDONALD TO LOOK AT.
IS THAT CORRECT TIME? YES, THAT IS CORRECT.
SO I THINK, UM, IS THERE ANY FINAL COMMENTS WITH REGARD TO WHAT WE LOOKED AT TONIGHT THAT ANY ADDITIONAL COMMENTS OR QUESTIONS OR THINGS WE WANT TONY TO FURTHER INVESTIGATE? OKAY.
SEEING NOD, THEN WE'RE GOING TO THE LAST THING ON THE AGENDA, WHICH TONY ALLUDED TO A LITTLE EARLIER WAS THE ADMINISTRATIVE PROCESS ISSUES.
I WILL KIND OF TURN IT OVER TO YOU, TONY AT THIS POINT.
ONE, I DID SEND YOU A, UH, A SCHEDULE OF THE MEETING DATES AND TOPICS FOR THE REMAINDER OF THE YEAR.
SO YOU COULD KIND OF SEE HOW WE COULD BREAK THIS OUT IN THE MOST EFFECTIVE WAY TO STAY ON SCHEDULE AND COVER ALL THE MATERIAL THAT WE NEED TO WITHIN THE ONE-YEAR, UH, PURVIEW OR SCOPE OF, OF THIS COMMISSION, UH, YOU KNOW, GEARING TOWARDS, UH, ENDING IN OCTOBER WITH THE ISSUING OF THE FINAL REPORT OR THE COMMISSION.
UM, IT DOES STATE IN THE CITY CHARTER THAT, UH, THE WORK OF THIS COMMISSION HAS TO BE COMPLETED WITHIN ONE YEAR.
SO, UH, THE SCHEDULE THAT, BUT IT ALSO KIND OF GIVES YOU A HEADS UP TO KNOW IF YOU DO HAVE, UH, PEOPLE APPROACHING YOU AND ABOUT MAYBE BRINGING THEIR ISSUES TO THE COMMISSION, UH, WHEN THESE, UH, PARTICULAR AREAS OF THE CODE WOULD BE DISCUSSED BY THE COMMISSION.
SO, UH, IT'S REALLY TO SERVE BOTH THOSE PURPOSES, BOTH, UH, AS A COMMISSION, BUT TO THE PUBLIC AT LARGE AS WELL.
UH, SO FEEL FREE TO SHARE THAT IN ANY RESPECT.
UM, THIS, THE SECOND THING IS WE ALLUDED TO BEFORE WAS, UH, THE ISSUE OF IN-PERSON VERSUS REMOTE OR VIRTUAL MEETINGS.
UM, THERE HAD BEEN KIND OF A PROHIBITION PUT IN PLACE, UH, BY THE MAYOR FOR THE CITY, UH, FOR MEETINGS OF THE CITY COUNCIL AND CITY BOARDS AND COMMISSIONS THAT, UM, DURING THE CURRENT STATE OF EMERGENCY THAT THEY HAD, UM, ASKED THAT WE, UH, WORK WHEREVER POSSIBLE TO HOLD REMOTE MEETINGS, UH, VERSUS IN-PERSON, UM, MEETINGS TO MITIGATE THE SPREAD OF THE PANDEMIC.
UM, THE CITY MANAGER ISSUED, UH, WITH THE MAYOR'S CONSENT, UH, THIS WEEK, A MEMORANDUM THAT SAYS BASICALLY, UM, THE, UH, THE INDIVIDUAL BODIES ARE FREE TO DECIDE WHETHER THEY WANT TO, UH, MOVE TO IN-PERSON MEETINGS OR CONTINUE DOING REMOTE MEETINGS.
SO I WANT TO POSE THAT QUESTION, UH, TO THE GROUP, UM, PARTICULARLY LOOKING TOWARDS, UH, NEXT MONTH'S MEETING IN FEBRUARY.
UM, SO THEN WHEN I ADVERTISE IT, I WILL HAVE AN IDEA OF WHICH DIRECTION WE'RE GOING TO GO.
UM, IF WE DID GO TO IN-PERSON MEETINGS, THOSE WOULD BE, UH, AT CITY HALL, WE COULD, UH, YOU KNOW, SPACE OUT EVERYBODY APPROPRIATELY, UH, TO, UH, ALLOW FOR APPROPRIATE SOCIAL DISTANCING AND, UM, YOU KNOW, FOLLOWING SOME OF THE OTHER CDC GUIDELINES AND SUCH THAT, UH, YOU'D HAVE TO WEAR A MASK.
UH, IF THE PUBLIC WAS TO BE ALLOWED INTO THE MEETINGS, THEY WOULD HAVE TO FOLLOW A SOCIAL DISTANCING AND, AND, UH, OTHER CDC GUIDELINES AS WELL.
SO, UM, I KIND OF WANT TO GET THE PULSE OF THE GROUP AS FAR AS, UH, HOW WE WANTED TO HANDLE THAT, UM, UH, NEXT MONTH, UM, GLEN, FOR WHAT IT'S WORTH, I'M ALWAYS GOING TO BE IN FAVOR OF BEING IN PERSON.
UH, I THINK WE'D GET MORE OF A BETTER CONVERSATION THAT WAY.
AND THE FLOOD IS A LITTLE BIT BETTER IN MY OPINION.
ANY OTHER COMMENTS? I KINDA THINK WE'RE DUE.
I THINK WE'RE DUE TO DO THAT IN FRONT OF, AT LEAST.
IT'D BE NICE TO SEE YOU GUYS AND YOU KNOW WHAT I MEAN? I AGREE I WILL NOT BE ATTENDING ANY IN-PERSON MEETINGS UNTIL SUCH TIME WAS OFF BARTON, THE SHOT IN MY ARM.
UM, VERY CAUTIOUS UP TO THOSE POINTS.
SO THERE WAS NO I'M GOING TO, UM, UH, ATTENDED AN IN-PERSON MEETING UNTIL SUCH TIME AS ON HERE'S WAS A VACCINATION.
I THINK I PROBABLY, UH, TOTALLY, I THINK ONE OF THE OPTIONS
[01:50:01]
WAS A HYBRID WHERE, YOU KNOW, YOU COULD, AND I, I'M ASSUMING THAT WE WOULD HAVE THE ABILITY TO, UH, IF ONE OR MORE OF US WANTED TO MEET, UH, YOU KNOW, REMOTELY THAT THEY WOULD BE ABLE TO PARTICIPATE THAT WAY.UM, BUT AS WE FOUND OUT LAST NIGHT, UH, SOMETIMES THERE'S TECHNOLOGICAL ISSUES INVOLVED, UH, AS WE HAVE WITH THE HYBRID VERSION OF THE COUNCIL MEETING LAST NIGHT, BUT CERTAINLY WE WOULD TRY TO MITIGATE THOSE ISSUES AND, UH, ALLOW EVERYBODY TO PARTICIPATE IN THE MEETING, UH, AT THEIR COMFORT LEVEL.
THIS CERTAINLY WOULDN'T BE, UH, IF WE'RE MOVING TO PRIMARILY MOST OF THE PEOPLE BEING THERE WOULD CERTAINLY NOT BE A MANDATE THAT EVERYONE WOULD HAVE TO BE THERE.
AND I THINK AS LONG AS IT'S LEFT UP TO THE INDIVIDUAL, YOU KNOW, I WOULD, I, YOU KNOW, OBVIOUSLY WHO KNOWS WHAT WILL HAPPEN BETWEEN NOW AND FEBRUARY, UM, YOU KNOW, WE COULD HAVE ANOTHER SPIKE THAT, THAT SHUTS EVERYTHING BAD GOES, EVERYTHING GOES BACK TO PROMOTE.
UM, BUT I THINK FOR THE TOP, FOR RIGHT NOW, LET'S, LET'S DO THE HYBRID, UH, PLAN ON MEETING IN PERSON.
AND, YOU KNOW, IF YOU DON'T, UH, JUST LET TONY KNOW, UH, SO THAT THE BACK OF DESKS CAN BE PUT INTO PLACE WHEREBY UM, YOU CAN PARTICIPATE REMOTELY.
UH, IT, IT W YOU KNOW, UH, IT, AS LONG AS THE TECHNOLOGY ISSUES GET WORKED ON, THAT'S AN INTERNAL THING WE HAVE TO WORK ON.
IT'S A CITY-WIDE ISSUE, NOT JUST, YOU KNOW, FOR THIS COMMISSION.
SO ANYONE'S DECISION TO, UH, BE REMOTE.
YOU KNOW, I DON'T WANT THEM TO FEEL THAT THE TACTICAL ISSUES ARE, YOU KNOW, AN IMPEDIMENT TO THEIR ABILITY TO DO THAT.
WELL, WE'LL GET THAT WORKED OUT EVENTUALLY.
AND I MEAN, YOU'LL HAVE AT LEAST TWO COMMISSION, UM, YOU KNOW, COUNCIL MEETINGS BETWEEN NOW AND THEN TO HOPEFULLY GET THE BUGS WORKED OUT.
SO, UH, BEFORE WE HAVE TO MEET.
UH, I DO HAVE A QUESTION, TONY.
UM, IF SOMEBODY HAS LIKE A QUESTION, UH, WOULD THEY, IF THEY SEND AN EMAIL TONIGHT, WOULD YOU SEE IT AND BE ABLE TO RELAY THE QUESTION? ARE WE, DO WE WAY HAVE TO WAIT AND THEN ADDRESS THEIR QUESTION NEXT MONTH? NOW I COULD FORWARD IT TO YOU, TO THE COMMISSION, UH, UPON RECEIPT.
AND THEN, UH, WE COULDN'T DISCUSS IT UNTIL WE WERE IN A PUBLIC MEETING, BUT IT COULD BE, UH, YOU KNOW, IN THIS SECTION OF THE MEETING OR, UH, OR SOMETHING.
NO, WHEN I, WHEN I WAS KINDA LIKE, LIKE TONIGHT, IF SOMEBODY SENT AN EMAIL WHILE WE WERE TALKING, WOULD IT COME TO YOUR ATTENTION? SO YOU CAN READ THE EMAIL TO US TONIGHT WHILE WE'RE ON THAT PARTICULAR TIME.
UM, W WE HAVEN'T REALLY BEEN DOING THAT.
UM, LIKE I MENTIONED EARLIER, WE ARE ADVERTISING, UM, TO, UM, EVERYBODY IS PART OF THE MEETING THAT THEY CAN SUBMIT THEIR COMMENTS, UH, THAT I COULD SHARE WITH THE COMMISSION THAT THEY HAVE TO DO.
SO BY 5:00 PM OF THE DAY OF THE MEETING.
I WASN'T SURE IF TECHNOLOGICALLY HOW THAT, LIKE, IF SOME ONE, AND IT'S ON THE MEETING, NOTICE WHEN I SEND THAT OUT, IF THEY WANTED TO SUBMIT THAT COMMENT, UM, IN WRITING BY EMAIL, UM, THERE'S A SPECIFIC EMAIL WE'VE SET UP IT'S, UH, PUBLIC MEETINGS@AJUOAH.ORG.
AND THEN, UH, I WOULD HAVE THOSE AVAILABLE FOR DISCUSSION AT THAT MEETING THAT NIGHT AND ANY THAT I CAN SEE PRIOR TO THAT DEADLINE.
AND THEN IF WE'RE GOING TO, YOU KNOW, A HYBRID FORM OF MEETING, UH, OBVIOUSLY THE PEOPLE COULD COME IN PERSON THEN, UM, AS WELL SUBMIT THEIR COMMENTS IF THEY FELT COMFORTABLE DOING SO.
SO I GUESS NEXT MONTH, WE WILL LOOK TO DOING A HYBRID, UH, METHOD, YOU KNOW, UH, BEING IN CITY HALL AND UNLESS YOU OPT TO, UH, PURCHASE PAY REMOTELY.
IT'S JUST START FOR CURIOSITY ISSUES, UH, ABOUT THE OHIO CODE.
HOW OFTEN DOES IT COPY IT OVER TO OUR CODE AND, UM, WHERE IS IT, WHERE IS IT SPECIFIED THAT OHIO CODE HAS TO BE OUR CODE? I ASSUME IT'S PROBABLY SOMEWHERE IN THE OHIO CODE, BUT I LOOK FOR IT.
I COULD HAVE THE, THE HIO CODE, HIGH REVISED CODE CHANGES WHERE THEY'RE INCORPORATED INTO THE CITY CODE IS DONE ON AN ANNUAL BASIS.
AND THAT'S DONE, UH, IN CONJUNCTION BETWEEN OUR HALL DIRECTOR AND THE, UH, THE LAWYER FOR OUR CODIFICATION SERVICE, UM, WHICH WAS MONICA.
AND SO, UH, THE MUNI CODE LAWYER PREPARES ALL OF THE CHANGES BASED ON THAT.
UH, THEY'RE DOING THIS FOR A NUMBER OF OTHER COMMUNITIES AS WELL, SIMULTANEOUSLY, AND THEN, UH,
[01:55:01]
THAT'S SUBMITTED TO JERRY AND I FOR, UH, REVIEW.UM, AND THEN COUNCIL ACTUALLY PASSES AN ORDINANCE TO ADOPT THOSE RECOMMENDED CHANGES, UH, INTO THE CITY CODE.
AND THEN THE FORMAL CODIFICATION PROCESS TAKES PLACE FROM THAT POINT.
WHAT WAS THE OTHER PART OF THE QUESTION? WHERE DOES, WHERE, LIKE, SAY IT OHIO CODE, DOES IT SAY THAT WE HAVE TO HAVE COPY OF OHIO CODE IN OUR CODE? OR IS IT, WELL, I DON'T KNOW THAT IT IT'S, IT SAYS THAT SOMEWHERE SPECIFICALLY, UM, THERE'S COMMUNITIES THAT DON'T EVEN QUANTIFY THEIR ORDINANCES THAT YOU GET TO THE INFORMATION YOU WOULD, UH, HAVE TO SEARCH THE INDIVIDUAL ORDINANCES.
UH, YOU'RE SEEING THAT LAST AND LAST, UM, BUT, UM, LARGER COMMUNITIES HAVE GONE TO CODIFICATION IS MAKING THE ORDINANCES OF THE CITY, UH, MORE ACCESSIBLE TO THE PUBLIC THAT YOU HAVE A FRAMEWORK AND A MEANS FOR, UH, SEARCHING THOSE AND, UH, AND, UH, OBTAINING THAT INFORMATION WITHOUT HAVING TO GO THROUGH EACH INDIVIDUAL ORDINANCE.
AND JOE, I THINK ONE OF THE THINGS, UH, WHAT YOU MIGHT BE ALLUDING TO IS, YOU KNOW, HUBER HEIGHTS IS A CHARTER CITY.
AND I THINK THAT IS PROBABLY, I THINK THAT IS DEFINED IN THE OHIO REVISED CODE.
AND AS A CHARTER CITY, WE HAVE CERTAIN ABILITIES, AND I'M NOT SURE IF IT'S IN THE CODE OR IT MIGHT EVEN MEAN THAT IN THE OHIO CONSTITUTION ABOUT, UH, THAT, YOU KNOW, UH, BASICALLY A CITY OR A TOWNSHIP OR, I MEAN, ANY KIND OF MUNICIPALITIES LAWS CANNOT BE CONTRARY TO THE STATE LAW.
SO THE STATE LAW TRUMPS OUR LAW TO THE EXTENT THAT IT'S OUR LAW WOULD BE IN CONFLICT.
UM, AND THAT COULD, THAT THAT MAY NOT BE CODIFIED THAT MAY BE JUDICIAL, UH, PRECEDENT OVER, YOU KNOW, OVER THE YEARS AND JOSEPH, WHEN THEY DECIDED TO, TO CODIFY THE ORDINANCES, UH, THE CITY COUNCIL PASSED AN ORDINANCE TO, UH, APPROVE THAT PROCESS OF KIND OF VACATION.
AND THEN ANY UPDATE THAT'S DONE TO THE CODIFIED ORDINANCES, UM, IS BROUGHT BEFORE COUNCIL AND AN ORDINANCE FORM, UM, AND APPROVED, UM, UH, FOR ADDITION AND SUPPLEMENT TO THE EXISTING CODIFIED ORDINANCES.
I THINK IT WAS 1993 WHEN THE CITY FIRST CODIFIED ITS ORDINANCES.
ANY OTHER QUESTIONS OR COMMENTS? WELL, TONY, WHAT WAS THAT EMAIL? ONE MORE TIME FOR PEOPLE TO MAKE COMMENTS ABOUT THE FLOOD PUBLIC MEETINGS.
YOU SAID PUBLIC MEETINGS, IT'S ACTUALLY PUBLIC MEETING.
YEAH, I WOULD ADD TO THAT, THAT TONY HAS BEEN VERY GOOD.
WE'VE HAD SOME CONTENTIOUS ISSUES BEFORE CITY COUNCIL OVER THE PAST FEW MEETINGS.
TONY'S BEEN VERY GOOD ABOUT GETTING THOSE OUT TO US RIGHT UP TO JUST ABOUT RIGHT UP TO THAT FIVE O'CLOCK DEADLINE.
SO WHEN PEOPLE SEND THOSE ON, THEY DO GET FORWARDED ON TO COUNCIL.
THEY'LL GET FORWARDED ON TO OUR COMMISSIONER AS WELL.
UH, UNLESS THERE'S ANY OTHER COMMENTS OR QUESTIONS? UM, I WOULD, UH, CALL GOLFER AND A GERMAN OF THE MEETING.
DO WE NEED TO, I CAN'T REMEMBER DOING, THAT'D BE, YOU CAN JUST ADJOURN THE MEETING.
UH, IN GERMANY, IT'S EIGHT 32.