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IS ONE OUT FRONT,

[00:00:01]

BUT, UH, WE GOT SOUND NOW, SO GOOD TO INITIATE THE MEETING.

ALL RIGHT.

[ 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.

MR. OTTO HERE.

MR. WAMSLEY HERE.

MR. WEB.

YUP.

ALL RIGHT, THANK YOU.

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.

UH, OKAY.

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.

UM, ONE 25 OH TWO.

UH, WE HAD, UH, ALREADY AGREED TO INCORPORATE THAT INTO THE LEGISLATION FOR PART ONE.

OKAY.

THAT ONE'S CLOSED.

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.

OKAY.

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.

OKAY.

ALL RIGHT.

MOVING FROM THERE THEN I THINK IT WOULD BE ONE 25 OH THREE WOULD BE THE NEXT ONE I WAS AWARE OF.

RIGHT.

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.

SO THAT THAT'LL BE, UH,

[00:05:01]

PROBABLY A LITTLE MORE TIME CONSUMING THING.

AND, UH, SO WE'LL JUST HAVE TO PUSH THAT ONE BACK.

OKAY.

ALL RIGHT.

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.

OKAY.

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.

OKAY.

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.

YES.

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.

OKAY.

ALL RIGHT.

SO WE CAN MARK THAT ONE OFF THE LIST THEN.

YES.

OKAY.

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.

UM, AND

[00:10:02]

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.

YEAH.

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.

OKAY.

THAT'S SEEMS TO BE WORKABLE.

EVERYBODY AGREE WITH THAT.

YEAH.

OKAY.

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.

CORRECT.

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.

OKAY.

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

[00:15:01]

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.

OKAY.

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.

YEAH.

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.

WHAT'S A NEWSPAPER.

UM, OKAY.

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.

OKAY.

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.

GO AHEAD, GLENN.

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.

TO BE HANDLED.

OKAY.

YEAH.

YEAH.

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

[00:20:01]

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.

OKAY.

WHAT'S THE QUESTION.

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 UNDERSTAND.

UH, OKAY.

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.

OKAY.

ALL RIGHT.

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.

YEAH.

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.

YEAH.

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

[00:25:01]

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.

YEAH.

WE COULD DO THAT.

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.

YEAH.

I THINK THAT'D BE GOOD.

YEAH.

CAUSE IT WAS ON A PROBLEM THEN I'D SAY, YOU KNOW, LET'S PUT IT TO BED AND GO ON.

OKAY, WE'LL DO THAT.

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.

YEAH.

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.

YEAH.

I MEAN, SOMETHING LIKE THAT.

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.

OKAY.

UH, LET'S SEE.

THE, UH, KINDA GOT LOST MY NOTES HERE.

OKAY.

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.

OKAY.

YOU WANT TO JUST RUN THAT BY ENGINEERING, MAKING SURE THAT NOTHING RECOMMENDED THERE.

YEP.

OKAY.

BRINGING THAT BACK NEXT TIME.

UH, OKAY.

LET'S SEE.

THEN, UM, NEXT THING WAS ONE 77.1.

UM,

[00:30:01]

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.

THIS IS, UH, MR. FOUL KOSKI.

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.

OKAY.

YEAH.

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.

SO I'M OKAY FOR THAT.

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.

OKAY.

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.

UM, WELL, OKAY.

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.

OKAY.

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.

OKAY.

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.

OKAY.

OKAY.

UH, ALL RIGHT.

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.

OKAY.

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.

YEAH.

WE'D HAVE TO GET CLARIFICATION ON THAT.

I DON'T KNOW.

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.

YEAH.

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.

OKAY.

SO STREET WOULD SEEM TO KNOW IF HE USED THE WORD STREET THAT WOULD SEEM TO APPLY TO PRETTY MUCH EVERYTHING WITHIN THE CITY.

YEAH.

I MEAN, AS LONG AS IT PAINT ON IT, THAT CLEARLY DIVIDED IT INTO TWO LANES.

YEAH.

IF IT'S NOT CLEAR IF IT HAS TWO LANES, BUT THEY'RE NOT CLEARLY DIVIDED THAT MIGHT NOT APPLY.

OKAY.

ALL RIGHT.

AND THAT, I THINK THAT PROBABLY MAY BE THE ANSWER TO THE QUESTION, BUT PROBABLY OUGHT TO RUN THAT BY JERRY.

OKAY.

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.

YEAH.

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.

YOU'RE SAYING THERE AS WELL.

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.

YEAH.

YEAH.

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.

YEAH, I DON'T KNOW.

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.

OKAY.

UH, THAT'D BE GOOD.

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.

CORRECT.

OKAY.

OKAY.

THAT WOULD EAT THAT ANSWER.

OKAY.

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.

OKAY.

UM, SO YEAH.

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.

OH, SORRY.

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.

YEAH.

I WOULD ASSUME THAT AS WELL.

YEAH.

I DON'T KNOW.

IS THAT GOING TO BE SOMETHING THAT A COUNCIL WILL BE, MIGHT BE ADDRESSING DON OR GLEN, AND I KNOW NOTHING OF IT.

OKAY.

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.

YEAH.

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.

I'LL THOSE KINDA GO TOGETHER.

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.

YEAH.

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.

YEAH.

AND IT FITS TOGETHER.

UH, 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.

OKAY.

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.

YEAH.

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.

OKAY.

YEAH.

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'M SURE.

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.

OKAY.

NOW, OKAY.

I LIKE TWO L'S BETTER.

I DO TOO.

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.

ALL RIGHT.

UH, ANYTHING ELSE IN OH TWO AND THEN, OKAY.

OH, THREE DEALING WITH TOY VEHICLES ON STREETS.

UM,

[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.

OKAY.

YEAH.

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.

SOME ARE TOYS.

YES, THAT'S RIGHT.

THAT'S RIGHT.

AND HE'S POINT, UH, OKAY.

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.

YEAH.

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.

THIS IS ONE OF MY BUGABOOS.

ACTUALLY.

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.

OKAY.

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.

THERE'S NOTHING LIKE THAT.

I MEAN, IT SAYS IT'S 300 FEET SOUTH OF STONYHURST BETWEEN BRAND PIPE ACCESS ROAD 300.

YEAH.

I GET IT.

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.

OKAY.

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.

I KNOW WHAT YOU'RE SAYING.

THAT'S A ROAD THERE WHERE I'M FISHER'S OFFICES ON IT.

RIGHT.

JUST BEFORE THAT.

OKAY.

RUBS UP ALMOST TO THAT.

YEAH.

YEAH.

OKAY.

ALL RIGHT.

CALLED A BOSS.

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.

YEAH.

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.

YEAH.

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.

YEAH.

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.

OKAY.

UH, THREE 37.25.

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 IT'S THE NOISE THING.

I THINK BACK WHEN YOU HAD THE CARBURETORS, PEOPLE WOULD REMOVE THE AIR CLEANERS AND DO THINGS THAT WOULD MAKE IT LOUDER.

I THINK, YEAH.

I, I READ AIR CLEANER, BUT AS I READ THROUGH IT, I HEARD MUFFLER.

YEAH.

WELL, YEAH.

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.

PEOPLE LIKE TO DO IT.

I THINK THAT'S MY GUESS.

I PULLED AIR CLEANERS.

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.

OKAY.

MAYBE, YOU KNOW, THAT WAS ADJUSTED AT THE STATE LEVEL AND NEVER CHANGED.

AND I DON'T KNOW.

YEAH.

A LOT OF THE ONES WITH MENTIONED THE HIGHER REVISE CODE AT THE END THAT THEY COPY.

YEAH.

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.

OKAY.

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.

YEAH.

I DIDN'T KNOW IF IT HAD SOMETHING TO DO WITH THE CATALYTIC CONVERTER THAT, YOU KNOW, THAT RIGHT.

HE USED TO BE ON A CAR.

SO I, LIKE I