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Yes, ma'am.
>> Thank you.

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» Yeah, I got it. I read it now. Like I
said, if you want to do on the

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resolution, I know there's
something

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ready, Miss
>> I am. You ready?

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» Yeah, sure. All right.

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All right. We will call this code review
and land use committee meeting to order.

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Today is September 1st, 2026. It is 5:00
p.m. Council Skongers, will you start us

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with the invocation? We'll follow a
pledge of allegiance. Yes.

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» Father, we thank you for this day, Lord.
We thank you for all your many

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blessings. We pray dear Lord that you
continue to watch over us and bless us,

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Lord. Grant us guidance and wisdom as we
uh make these important decisions

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tonight for the betterment of our
people, Lord. And that which is in your

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best will. We ask these things in Jesus
name. Amen.

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» Amen.
I pledge allegiance to the flag of the

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United States of America and to the
republic for which it stands, one nation

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under God, indivisible, with liberty and
justice for all.

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» Amen.

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» All righty. [sighs]
[gasps] We will begin with

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number two, code review, subsection A,
chapter 23, which is the fats, oils, and

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grease. Mr. Holden, you want to take us
away on that?

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» Yes, sir, I can.
>> All right. I assume this thing's on.

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Yeah. Yeah. Okay.
Okay. So, uh, at the prior meeting, uh,

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code review meeting, we kind of went
through it and, uh, it was brought to us

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that we needed to put the dollar amounts
and, uh, fees into a resolution. Um, so

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we have done that. We've, uh, Mr. Tron
and uh the utility department's work

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gone through some of the numbers made
sure that they were correct as much as

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we could uh we could do. So in the
resolution which y'all are on the

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ordinance now. So the ordinance of
course kind of spells out everything

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gives it the authority and the body of
of what we look at plan on what we plan

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on doing um what would result in these
permit fees uh fines things of that

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nature. So it gives it the backbone for
the fees of the resolution. Um

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not not a whole lot has really changed.
One thing that was in the ordinance I

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think that did get added was um
backflow. Backflow is one of those

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sections that's under 23 also. Um and
the backflow requirements and the

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timelines and fees for those. Um,
so that was added because there were a

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few changes in the cross connection plan
that needed to be changed and updated as

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we were in the process of doing section
23.

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Um, resolution starts on, for those that
are interested, resolution starts on

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page 67.
It's way down there.

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» Sorry. Go ahead. I didn't mean to
interrupt.

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» No, it's okay. So, there were a few
slight changes. We did a review of it

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today to kind of go over everything with
Miss Lynn and the utility crew again.

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And there were a few slight changes um
that we are going to make in these is

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not made on this version. Um
uh let's see here. One of those

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one of those was just kind of an
alignment. We on page 27 there's an

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adjustment that was out of alignment.
One of the things that we did want to

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bring up again about the FOGR program
was the mobile food vendors. It's on

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page 27 or on mine is page 27. I believe
on Mr. Strong's it was page 28, but it's

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section M, the mobile food vendor and
commissionaries.

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» We kind of still need a directive on how
the city would like to kind of approach

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that when it comes to the legal side. Uh
hoping for any comments from uh Mr.

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Atkinson on those on how he believes we
should move forward with that. But of

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course, y'all know there's more and more
uh mobile trailers coming in without any

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kind of permanent grease interceptors or
means of uh disposing of the grease. Uh

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so we just kind of want to have that
brought up. Um another thing was the

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dumpster pads. Right now it's in this.
My recommendation is for us to rem

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basically remove these sections or
reward these sections for the dumpster

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pads. Um, right now I don't believe it's
in our best interest to have dumpster

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pads tied directly into the wastewater
system, right? That's going to cause us

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a lot of long-term problems. One of the
things that was brought up was um some

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um like uh overhangs or pole barns over
the dumpsters. I don't recommend that

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either just because it's it's more
access and then it's also most people

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don't have those at their businesses now
for dumpsters and stuff. So that was

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some of the things that we're
recommending just kind of getting some

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information on whether we do agree that
those need to be pulled out and not

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really so much worry about those as
there's ways that we can kind of

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eliminate those situations.
Um,

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another one was the dumpsters and the
waste containers. That was one of one of

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them that I highlighted that we were
talking about possibly removing out. Um

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there would still be that that authority
to where if there was leaks or holes in

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those dumpsters or those waste
receptacles to where they should be, you

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know, removed and replaced and I I would
think that we would work with waste

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management to have those receptacles
replaced at an E need basis when uh Miss

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Lynn or whoever we have at that time
does a fog inspection and things of that

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nature.
Um,

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other than that in the um,
ordinance, I don't think there's

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anything else that's really changed. We
just took all the fees out, like I said,

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and we put it into a resolution. Um,
and I don't know if there's really any

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specific questions to the resolution or
if it pretty much spells it out, but we

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got it broke down by your classes. Of
course, there's that annual fee that we

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had talked about last time. So, those
fees

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technically could be a one month or a
per month payment unless I guess the

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entity decides they want to pay a
one-year fee for the annual permit fee.

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Uh, it's in the class one and I don't
have page numbers in here, but it's the

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second page on my resolution sheet.
[snorts]

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» Also, as you requested this chapter now
to be enforced by the special mag.

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» Yeah. Fantastic. [snorts] Yep.
So, um,

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like I say, it's it's really we just
pulled everything out. And when I say

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we, really, it was Mr. Chris that did it
to help me out. But, uh, but it's all

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been pulled out and put into this
resolution so that it can be easily uh

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changed as time goes on and and, uh,
rules and regulations change. So,

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» so any uh questions about the
specifically I I'll ask for the DAS. He

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mentioned the dumpster pads and the
dumpster um the pad coverings. Do y'all

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have any comments on that? Are you all
in agreement with his suggestion to

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eliminate those and not have them tie
into sanitary sewer?

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» I would agree.
>> I agree. Um I got a question on that. Uh

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one of the properties that I managed
Thank you. One of the problems I

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managed, they got the dumpsters got
holes in them. And when they lift the

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dumpster up, it comes all the way back
to the drain, which goes all the way

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back down to the hole in bond.
>> So realistically, those shouldn't be

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doing that. If there's a hole in the in
the dumpster, they should not be

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allowing that. That should be hauled off
by the waste hauler. That would be

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essentially
>> waste

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» contamination that you're letting into
that wetland area. Um, that's why there

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should be that's why I say I don't want
to I didn't want to in this fog program

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allow them to tie into the septic sewage
system because if you allow that then

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all that trash and debris is going to go
in there or they're going to have a

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screen there that they never get they
never clean out and it's going to

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overflow anyway into the wetland area.
So all that sludge and everything should

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be hauled off by that waste hauler which
would be at waste management at this

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point. If there's any holes during the
fog inspection, that should be noted and

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sent to waste management for them to
come into compliance with city code that

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that receptacle needs to be changed
because there shouldn't be rust holes

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and things of that nature allowing that
kind of uh

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uh sludge to to gain access to the
ground or to a wetland area.

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[snorts]
>> Okay. Thank you.

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» All right. That that's how we looked at
it anyway. that should be policed and we

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would be able to do so by running the
fog program and giving us that authority

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to
make them come into compliance.

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» Any other questions or comments on
anything else he's covered so far?

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» No,
>> section section two of the um resolution

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section two of the resolution the the
program fees a classification. I'm

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assuming that that's what you're
referring to as the annual fee, right?

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to see it in the chart, but just making
sure. Okay.

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» Yeah. Section two would be the annual
fees. It's based off the class of the uh

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of the business.
>> Of course, it goes from class one to

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class five. Your class four and five
would be the same. Um but that would be

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an annual fee. It could be charged
monthly if if makes it easier to do so

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over time or it could be a one month or
you know onetime fee for the year.

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» And Mr. City Manager, you're good with
from a like a billing and backend

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perspective of being able to split that
up and

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» Yeah, they shouldn't have an issue with
the with the billing. Okay. We can treat

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it one. They can either we'll look at it
and say you could either put it on the

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the bill, the water bill for the month
is due or you could pay it individually

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like we do business tax receipts.
>> Okay.

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» We do one of those two. Um what about um
>> unlike

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» what about governments or school board?
Is there an exemption or do we do we do

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are those exempt in other cities or no?
>> Not that I'm aware of. They're not

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exempt. No, because they still produce
those fog

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» those fogs and stuff.
>> So I don't believe they're exempt. No.

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Not that I've seen.
>> So, does that call fall under class five

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institutional?
>> Yes.

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» Okay.
>> And um and the thing with the fees with

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the permit fees, of course, there'll be
those inspection fees and stuff like

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that. So, those initial inspection fees
that that

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um payment could be also added to at
that time if need be. So, it just I

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guess it all depends on how we want to
work it out, but there's multiple

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different ways that we can look at
getting those permits.

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Yeah, I think we'll eventually I mean as
a we probably need to pick one and do

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one. We either need to take payment
directly for that or just always stick

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it on the water bill.
>> We could get big confusion.

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» You may double charge somebody because
someone took it up front but then didn't

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tell utility billing assistant
supervisor to take it off the monthly.

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And I think that would help also just to
have it have it set in stone on how we

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want to proceed with that because if you
spike this $120 up on someone's bill,

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they're going to think they're getting
mischarge for water usage or sewer

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usage. So

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» So do so do we need still need to flush
that out from a policy perspective?

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00:11:14,880 --> 00:11:20,320
» No, I mean I don't think um I mean we
could add that in there if we wanted to

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00:11:18,880 --> 00:11:23,519
pick one. I mean, I think it probably
best if we while we're already here

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00:11:22,000 --> 00:11:28,240
doing it. Probably wouldn't hurt to put
in resolution how to be administered. We

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00:11:25,680 --> 00:11:32,240
can either come and pay it directly to
LE up front and they charge it to your

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00:11:29,680 --> 00:11:36,480
account and you pay right there or, you
know, do we just stick it on the on

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their water bill on, you know, one water
bill per year for that um their annual

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00:11:40,800 --> 00:11:48,959
fee. And then if they have any other of
this stuff that comes up for compliance

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00:11:44,959 --> 00:11:52,399
issues or um you know citations,
obviously the easiest way to collect

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00:11:50,240 --> 00:11:55,720
that citation is stick it on the the
monthly bill.

168
00:11:58,480 --> 00:12:06,560
» Yes. But I agree with Mr. Holden's
concern that you you kind of open

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00:12:05,120 --> 00:12:11,600
yourself up to like, well, why is this
on my bill? Versus if you like force the

170
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collection, like whether it's these
inspections, the inspection fees or even

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the the penalties.
>> Like to me, that that needs to be

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collected at the time of the penalty or
at the time of requesting the inspection

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or whatever versus like letting it kind
of languish into the bill because then

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00:12:28,079 --> 00:12:33,760
that opens up the the possibility of
confusion. And to your point a minute

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00:12:31,600 --> 00:12:37,680
ago, did we collect it on the front end?
Did it, you know, did someone up front

176
00:12:35,600 --> 00:12:39,920
collect it versus stick it on the bill?
>> Like it's almost one of those things

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where
>> you you can offer to put it on the bill

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00:12:43,600 --> 00:12:48,399
as a way to spread out the payment, but
to me that needs to be elective.

179
00:12:46,880 --> 00:12:49,360
» Oh, well, I'm not suggesting we spread
the payment out.

180
00:12:49,040 --> 00:12:52,560
» Okay.
>> I'm suggesting you take you put the

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00:12:50,800 --> 00:12:56,800
whole dollar amount on it would be on
one monthly bill. So at the 12 months,

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00:12:54,959 --> 00:13:01,680
your annual would only show up on your
December bill or on your June bill

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00:12:58,880 --> 00:13:04,720
whenever your annual comes up because my
other thing to this is let's like for

184
00:13:02,880 --> 00:13:09,839
example the monetary penalty schedule
with violation enforcement citation. I'm

185
00:13:08,240 --> 00:13:12,880
assuming you would write the citation
Chris or Lynn.

186
00:13:11,040 --> 00:13:18,320
» Well, that's one of the things.
>> Okay. So assume you write citation.

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00:13:16,320 --> 00:13:21,519
Well, you wrote me a citation. What are
you going to do about it? So the only

188
00:13:20,000 --> 00:13:24,399
way that is then are we going to send
those to collections for bad debt? Are

189
00:13:23,120 --> 00:13:27,519
we going to write them off? Are we then
going to stick it on the bill, you know,

190
00:13:25,519 --> 00:13:30,000
six months later to force them to pay it
through their actual monthly bill or

191
00:13:28,720 --> 00:13:32,320
their water gets cut?
>> So that's that's that's kind of what I'm

192
00:13:31,600 --> 00:13:35,200
getting at.
>> Okay. Okay.

193
00:13:33,760 --> 00:13:38,880
» But no, I wasn't I wasn't necessarily
suggesting you take the $120 annual fee

194
00:13:37,440 --> 00:13:41,680
and bust it up over Okay.
>> 10 over 12 months. No, no, no, no.

195
00:13:41,279 --> 00:13:44,160
» Gotcha.
>> Not that.

196
00:13:42,639 --> 00:13:48,240
» All right. because you could put you
could put on the bill another line just

197
00:13:45,839 --> 00:13:51,760
like we have with and say you know fog
annual fog permit or whatever it's

198
00:13:49,920 --> 00:13:54,880
calling whatever and it comes up to that
one time.

199
00:13:52,800 --> 00:13:57,440
» Okay.
Well, I guess

200
00:13:55,839 --> 00:14:00,639
» on the bill there's one special section.
So, we can put those special notes on

201
00:13:58,880 --> 00:14:04,720
there and we can put that, you know, in
the special sections of the utility

202
00:14:02,399 --> 00:14:10,480
billing mail out. We can put in that
section or comment sections that, you

203
00:14:06,560 --> 00:14:13,760
know, one time or annual fog
permit permitting fees or something like

204
00:14:12,079 --> 00:14:19,279
that in that and then charge it to the
on the bill. So, we can definitely noted

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00:14:16,399 --> 00:14:24,320
out on the billing statement.
>> Yeah. Um, and maybe I'm overanalyzing

206
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this, but I'm just thinking you might
have some instances where people might

207
00:14:26,160 --> 00:14:34,240
view
their oil collection not necessarily as

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00:14:30,800 --> 00:14:37,920
a utility expense, but as a, you know,
you know, cost of goods sold expense.

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00:14:36,079 --> 00:14:40,320
And so they might want to categorize
that differently,

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00:14:38,560 --> 00:14:44,079
» like a general charge for service.
>> Yeah. They'll they'll they'll need that

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00:14:42,320 --> 00:14:47,760
separate so that they can split that out
on the back end versus it just being

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00:14:45,920 --> 00:14:50,480
rolled into a generic charge. Does that
make sense? Am I making sense?

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00:14:49,839 --> 00:14:54,079
» You are.
>> Okay.

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00:14:51,519 --> 00:14:59,600
» I think trying to view it from my
family's perspective, I think that it

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00:14:56,560 --> 00:15:03,760
would probably better if she when we
come out to do the inspection, if we at

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the end of the inspection, we had some
form that's carbon copied and said,

217
00:15:05,279 --> 00:15:12,320
"Here, here's what you owe." and hand it
off to them and then they either come up

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00:15:09,199 --> 00:15:16,560
to city hall and pay it or go online or
however they do that would probably be

219
00:15:14,560 --> 00:15:19,680
perceived better for them because then
they're not mixing it up going, "Oh my

220
00:15:17,839 --> 00:15:23,600
lord, my water bill went up x amount of
dollars because irregardless that's what

221
00:15:21,839 --> 00:15:28,399
they're going to say in the end if if
they don't see it separate." Plus too,

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if if you've got violations or fines
that can be assessed at that time for

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00:15:30,000 --> 00:15:36,959
different things too, check those boxes
and then here's the overall total yo and

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then we bring it back to city hall and
then they're enter it into the system or

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00:15:39,519 --> 00:15:43,120
something.
>> Yeah. Well, we could do that. We could

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00:15:41,519 --> 00:15:46,320
do a very similar again very similar to
the business tax receipt process. Come

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00:15:45,120 --> 00:15:49,360
in, you know, you know, you got to do
your fog every year. You come in and pay

228
00:15:47,920 --> 00:15:52,560
that. You get that certificate or
whatever that you put in the business.

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00:15:51,839 --> 00:15:56,800
What?
>> And they're associating it to that

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00:15:54,959 --> 00:15:59,199
specific event that day when they're
doing that.

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00:15:57,360 --> 00:16:03,279
» Mr. Sean, I see the wheels turning.
>> Wondering how, you know, [clears throat]

232
00:16:01,600 --> 00:16:06,880
if you call the Palmer out to your house
nowadays,

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you basically they have a machine where
you just swipe a credit card and so

234
00:16:08,480 --> 00:16:13,199
forth. I was just wondering, do we
actually have the capability here to do

235
00:16:12,160 --> 00:16:17,759
that when they actually did the
inspection? Here's your bill. You want

236
00:16:15,839 --> 00:16:21,040
to go pay now with a credit card or
check and they just swipe it.

237
00:16:19,839 --> 00:16:24,800
» I mean, we could. I mean it would be the
end of the world. You could but I mean

238
00:16:22,560 --> 00:16:28,720
now do do we not take business tax
receipts over the phone now?

239
00:16:26,160 --> 00:16:33,120
» No we do not only because if someone
wants to pay with a credit card we will

240
00:16:30,320 --> 00:16:36,240
make sure using the credit card. So we
don't do it over the phone. It has to be

241
00:16:34,560 --> 00:16:38,079
in person or a check mail to
>> hey if they're willing to give us money.

242
00:16:37,519 --> 00:16:39,920
I don't care.
>> Yeah. You don't do you don't use

243
00:16:38,900 --> 00:16:42,240
[laughter] the square yet? We don't
square yet.

244
00:16:40,959 --> 00:16:48,720
» I can see the credit card but the check
is a little bit riskier. So, I don't

245
00:16:44,720 --> 00:16:51,680
know if I'd want my inspector to
>> receive checks and collect checks and

246
00:16:50,240 --> 00:16:52,959
then have it in a city vehicle running
all over town.

247
00:16:52,320 --> 00:16:56,800
» Yeah, that's true.
>> So, I that to me is a little bit of a

248
00:16:54,639 --> 00:16:58,959
liability for an employee standpoint.
>> Yeah.

249
00:16:57,199 --> 00:17:02,560
» Now, if it has a credit card, then yeah,
it's fine. It's, you know, it's a data

250
00:17:00,480 --> 00:17:05,280
transfer basically or whatever. But
>> I can see that

251
00:17:03,759 --> 00:17:07,760
» there is a I mean, so again, very
similar to facility rentals, which I

252
00:17:06,799 --> 00:17:10,959
think is what we're getting to with
business tax eventually. Facility

253
00:17:09,679 --> 00:17:15,600
rentals now. We had it set up through
Square. They call, Miss Vaughn puts in

254
00:17:13,760 --> 00:17:19,120
everything they need and then it tells
them the total and they do it over the

255
00:17:17,360 --> 00:17:22,480
phone. She puts it in. It processes
square right there, sends them a receipt

256
00:17:20,480 --> 00:17:24,880
back and forth. Um, so you again, you
can do the very similar same thing. If

257
00:17:23,919 --> 00:17:27,919
we don't want to touch, you could do
that where someone calls up and says,

258
00:17:25,839 --> 00:17:31,600
"Hey, I need to pay my file permit."
They pull the account up, then ladies up

259
00:17:30,080 --> 00:17:36,720
front put it in just I'm sure they can
do it right now anyways, and then they

260
00:17:33,440 --> 00:17:39,840
just pay it as pay it over the phone uh
that way. Or again, they can come in

261
00:17:38,559 --> 00:17:43,200
just as I do with the business tax
receipt, but it keeps it separate from

262
00:17:41,679 --> 00:17:47,520
putting it on the water bill. I
>> I think I think Councilman Skier put it

263
00:17:45,760 --> 00:17:50,799
better than what I was trying to say. He
pretty much said the same thing, but it

264
00:17:49,039 --> 00:17:53,039
but he put it framed it in a better
perspective than what I was trying to

265
00:17:52,160 --> 00:17:55,200
say. So,
>> yeah.

266
00:17:53,840 --> 00:17:57,840
» Yeah.
>> You have anything, Mr. Green?

267
00:17:56,240 --> 00:18:02,559
» No, that's fine because y'all don't have
to hash it out with that. [laughter] So,

268
00:18:00,640 --> 00:18:06,799
that'll work.
>> Anything else on on any of this? So just

269
00:18:05,039 --> 00:18:10,240
some straight they're going to pay the
initial compliance inspection fee for

270
00:18:09,039 --> 00:18:14,640
sure and then they're going to pay
whatever class they fall in annually

271
00:18:13,039 --> 00:18:20,080
» for as a given. Okay.
>> Yes sir. And just so I'm standing on the

272
00:18:17,600 --> 00:18:25,520
record, the purpose of this program is
to um relinquish all of the the wear and

273
00:18:22,799 --> 00:18:29,120
tear on our wastewater system
>> that that goes on from restaurants and

274
00:18:27,280 --> 00:18:33,520
the grease build up and everything else
and and the after hours and the

275
00:18:31,600 --> 00:18:38,559
maintenance that our our crews have to
put into that to kind of reduce those

276
00:18:35,600 --> 00:18:42,320
costs. So with compliance comes the
reduced cost of maintenance and that's

277
00:18:40,320 --> 00:18:44,960
the importance of this program.
>> Correct.

278
00:18:42,960 --> 00:18:48,480
» So he brings up a good point.
Does the annual fee cover the annual

279
00:18:47,039 --> 00:18:50,960
inspection or there's an annual
inspection fee plus an annual program

280
00:18:50,559 --> 00:18:54,160
fee?
>> There's an initial compliance inspection

281
00:18:52,720 --> 00:18:58,480
and then there's an annual fee. So the
annual fee is to hold the permit itself

282
00:18:57,039 --> 00:19:02,880
and then there would be the additional
$50. That would be your your initial

283
00:19:01,120 --> 00:19:07,679
compliance fee. If you have your if you
pass your initial compliance section,

284
00:19:05,360 --> 00:19:13,200
you would owe the whatever your annual
would be plus that $50. But if you

285
00:19:11,120 --> 00:19:16,160
» But on year two or three, am I still
paying the $50 or No, I'm all I am

286
00:19:15,760 --> 00:19:18,640
paying
>> per year. Yep.

287
00:19:17,039 --> 00:19:22,960
» So that's that's that one time
inspection time for the employee to go

288
00:19:21,360 --> 00:19:26,400
out, inspect it, see if everything's
still in compliance, make sure

289
00:19:24,400 --> 00:19:28,640
everything's still good, and if it's
not, then you would have that.

290
00:19:27,520 --> 00:19:32,480
» That's this one here.
>> Right. So what I'm saying is I'm

291
00:19:30,880 --> 00:19:34,799
assuming
Tasty Freeze.

292
00:19:33,120 --> 00:19:38,559
» Okay, so Tasty Freeze would be let's
just assume it's going to be a class

293
00:19:36,080 --> 00:19:41,919
three. So they're going to pay $240 plus
every year they're going to pay $50. So

294
00:19:40,640 --> 00:19:46,640
they're really technically every year
paying $290, right? Correct. Okay. Okay.

295
00:19:44,960 --> 00:19:51,280
» And that's to cover the cost of the
inspector coming out plus the program

296
00:19:48,799 --> 00:19:52,799
costs for ensuring that everything's up
to date.

297
00:19:52,480 --> 00:19:56,640
» Yeah.
>> Why don't we just wrap it into one?

298
00:19:54,960 --> 00:20:00,000
» Well, that's why the section three is
the fog inspection, reinspection, and

299
00:19:58,320 --> 00:20:03,919
administrative fees. That's why it was
labeled that. So, it'll be that first

300
00:20:01,919 --> 00:20:07,600
initial inspection, your reinspections,
and then your admin administrative fees

301
00:20:05,840 --> 00:20:11,520
would be coming down the line.
>> Well, I guess I'm getting hung up on

302
00:20:09,520 --> 00:20:14,559
it's not really an it it is an initial
inspection the first year, but then

303
00:20:12,799 --> 00:20:18,240
there's an annual inspection. So, I'm
getting hung up on the word initial

304
00:20:16,640 --> 00:20:19,919
there on that very first one because
technically that's an annual fee as

305
00:20:19,600 --> 00:20:25,200
well.
>> Yeah. Annual compliance inspection.

306
00:20:21,679 --> 00:20:30,240
» Yeah. Yeah. But but I think the reason
why we did it that way was that let's

307
00:20:28,159 --> 00:20:34,799
say for some reason you failed the first
inspection, [clears throat]

308
00:20:32,720 --> 00:20:37,760
then you have to come back and pay $75
for your second one by keeping them

309
00:20:36,640 --> 00:20:40,880
separate
>> from your annual fee to your

310
00:20:39,520 --> 00:20:45,039
inspections.
>> Yeah. And and that that makes sense to

311
00:20:43,039 --> 00:20:48,640
me that that second and third makes
sense to me, but

312
00:20:46,960 --> 00:20:50,559
» I'm just getting hung up on the initial
because technically it's an annual

313
00:20:50,000 --> 00:20:55,520
inspection.
>> I don't know why we why we don't just

314
00:20:52,000 --> 00:20:56,960
wrap from from initial to initial
annual.

315
00:20:56,320 --> 00:21:00,559
» Yeah.
>> I'm saying why don't why don't we just

316
00:20:58,080 --> 00:21:04,080
get rid of it and your and your annual
permit fees should cover your you can't

317
00:21:02,400 --> 00:21:07,760
get the permit without having the
inspection. Correct.

318
00:21:05,919 --> 00:21:11,120
» So just take the $50 and add it to all
the class ones and then drop off the

319
00:21:09,600 --> 00:21:14,720
initial compliance inspection and just
let it roll in.

320
00:21:12,000 --> 00:21:16,240
» Start reinspection after
>> Yeah.

321
00:21:15,200 --> 00:21:17,919
» pull that out of that section
completely.

322
00:21:16,720 --> 00:21:19,919
» You got to get inspected to be able to
get the permit. So they're really one

323
00:21:19,200 --> 00:21:25,039
and the same.
>> Yeah. Well, I think just to maybe in the

324
00:21:23,440 --> 00:21:31,679
I'm gonna try to play clay for a second
here, but we probably I would assume

325
00:21:29,120 --> 00:21:37,520
we all know how that word works.
I assume that we probably need to put

326
00:21:34,480 --> 00:21:42,559
somewhere in the ordinance that there's
a compliance annual fee plus an

327
00:21:40,159 --> 00:21:47,760
inspection fee. That way later if we
want to go raising those rates, we have

328
00:21:44,960 --> 00:21:50,880
the basis for how we came to those those
two fees that we are now rolling into

329
00:21:49,760 --> 00:21:54,559
one.
>> Okay.

330
00:21:51,520 --> 00:21:58,480
» Again, let let Clay opine on that. He
may say no, just roll it all into one

331
00:21:56,400 --> 00:22:03,440
and call it a I don't know. But if we're
if we're going to roll it all into one,

332
00:22:00,640 --> 00:22:08,559
I would assume we need to say this fee
consists of an inspection fee plus an

333
00:22:06,000 --> 00:22:12,480
annual compliance fee. Just my two two
cents on that.

334
00:22:11,630 --> 00:22:16,559
» [snorts]
>> Everybody else good on on that?

335
00:22:15,200 --> 00:22:20,720
» Where did the how did you come up with
the fees man?

336
00:22:18,400 --> 00:22:28,080
» So the fees of course basis
>> the the fees come from basically a

337
00:22:24,320 --> 00:22:32,159
survey that Miss Lynn conducted. So she
went of course it you know majority or

338
00:22:30,240 --> 00:22:37,360
the the baseline of this plan was from
Panama City is where we pulled it from.

339
00:22:34,320 --> 00:22:40,559
So when she went and tried to find the,
you know, look up the fees and stuff and

340
00:22:38,799 --> 00:22:43,600
kind of see what was comparable, she
compared it to some of the systems that

341
00:22:42,000 --> 00:22:47,760
already have it cuz not all systems
have, you know, a fog program that's

342
00:22:45,280 --> 00:22:51,440
really in depth. So some of the places
that she went to was Panama City. She

343
00:22:49,360 --> 00:22:54,400
went to Pensacola, Fort Walton, Crest
View, and of course she kind of waited

344
00:22:53,120 --> 00:22:59,120
with some of the fees that we had
currently. So that's where she kind of

345
00:22:56,480 --> 00:23:03,360
had her average come up from, and that's
where these fees were basically set

346
00:23:00,799 --> 00:23:06,400
from. Um, but majority of the
information that's within these

347
00:23:04,559 --> 00:23:12,960
documents would be from Panama. And
that's due to the reasons that they

348
00:23:08,559 --> 00:23:18,400
priorly had an uh citation from D and it
was approved from D the way it was kind

349
00:23:14,799 --> 00:23:22,320
of written and and and uh produced.
>> Okay.

350
00:23:19,919 --> 00:23:27,520
» Does the ordinance um does the ordinance
define log low fog potential and

351
00:23:24,640 --> 00:23:31,559
moderate fog potential?
>> Does it define what those mean?

352
00:23:35,440 --> 00:23:40,880
It really needs to define all five
classifications. These have definition

353
00:23:38,960 --> 00:23:45,919
for all five, but the other three are
kind of relatively self-explanatory for

354
00:23:42,799 --> 00:23:48,559
the most part. But those first two
we if we don't have it in there telling

355
00:23:47,280 --> 00:23:51,360
us what they mean,
>> definitions of the class.

356
00:23:49,600 --> 00:23:58,159
» And how you going to chart 180 when
>> they are so page

357
00:23:54,960 --> 00:24:01,919
um 19
of ordinance. Okay.

358
00:23:59,600 --> 00:24:07,600
» Um, it goes over the classifications of
each one. Class one, what what every

359
00:24:04,799 --> 00:24:13,440
section falls under, such as for class
one, potential. It talks about ice cream

360
00:24:10,400 --> 00:24:17,840
shops, small coffee shops, donut shops,
retail bakeries,

361
00:24:15,600 --> 00:24:21,760
um, daycare facilities. It actually has
a whole list of what each category falls

362
00:24:20,559 --> 00:24:26,960
under.
>> Everything right there makes sense

363
00:24:23,039 --> 00:24:29,279
except for number two, a meat market.
That's

364
00:24:27,760 --> 00:24:34,799
» it's what I was given.
>> I I I understand. But to me to me a meat

365
00:24:32,559 --> 00:24:39,679
market would be a high potential for
fat, souls, and grease. If they're

366
00:24:36,880 --> 00:24:40,720
grinding up fat to make a burger or
whatever.

367
00:24:40,480 --> 00:24:44,000
» Well,
>> am I am I thinking that?

368
00:24:42,159 --> 00:24:47,440
» Well, no. They are grinding it up, but
they're not cooking it next to a sink

369
00:24:46,000 --> 00:24:50,320
that could tie directly into the
sanitary. So, you're technically cutting

370
00:24:48,799 --> 00:24:53,200
it off and throw it in the trash or bin
of some kind. So, it's not

371
00:24:52,000 --> 00:24:56,799
» a direct
>> or a floor drain. Floor drains would

372
00:24:55,520 --> 00:24:59,600
kind of be included, but like I say,
that's kind of one of those gray areas.

373
00:24:58,000 --> 00:25:03,279
Yeah, a floor drain would if you had
that fat, but you're going to have more

374
00:25:01,440 --> 00:25:07,919
of that moisture fat from your greasing
oils and stuff that's evaporating to a

375
00:25:05,600 --> 00:25:08,640
restaurant more than you would a butcher
shop.

376
00:25:08,320 --> 00:25:10,559
» Okay.
>> Because they're not cooking it. You

377
00:25:09,760 --> 00:25:13,679
don't have that
>> you don't have that grease splattering

378
00:25:11,840 --> 00:25:17,200
everywhere that you know,
>> and that's why it's kind of classified,

379
00:25:15,120 --> 00:25:18,720
I believe, in that lower class
>> liquid versus solid.

380
00:25:18,400 --> 00:25:20,320
» Yes.
>> Okay. Okay.

381
00:25:19,360 --> 00:25:23,600
» And that's the same thing with the
classified when you're asking about

382
00:25:21,520 --> 00:25:27,720
schools. It lists schools as the top
one. So it's it's

383
00:25:30,880 --> 00:25:37,440
anything else on this
>> maybe the fines portion

384
00:25:35,840 --> 00:25:41,600
» because I have I have one other thing
but go ahead.

385
00:25:38,159 --> 00:25:47,240
» Let me get back down there to it again.
I just want to be clear on it so they'll

386
00:25:44,240 --> 00:25:47,240
know.

387
00:25:49,919 --> 00:25:56,159
So the first side the going down to
fines and [clears throat] everything

388
00:25:55,520 --> 00:26:00,880
um
>> and the resolution or the ordinance

389
00:25:57,679 --> 00:26:04,440
» the resolution
>> section four.

390
00:26:13,039 --> 00:26:21,880
So if they hinder on page 70 which is
under section 4 um

391
00:26:25,840 --> 00:26:32,880
first monetary citation is $100 um for a
violation

392
00:26:30,640 --> 00:26:36,640
after required notice to process and I
think that we said that we're going to

393
00:26:34,000 --> 00:26:44,400
give them 30 days to come in compliance
in here. So if after that 30 days

394
00:26:41,200 --> 00:26:48,720
they still haven't completed it. I guess
just kind of clean that up for me

395
00:26:45,760 --> 00:26:53,279
because the days it gets into the daily
fines at at some point in there was what

396
00:26:52,240 --> 00:26:55,039
I was reading a minute ago.
>> Yeah. Continuing violations on the next

397
00:26:54,799 --> 00:26:58,880
page.
>> I just want to know where that where

398
00:26:56,400 --> 00:27:05,200
that's at. Are we assessing a fine? Hey,
I've come back in 30 days and you still

399
00:27:00,880 --> 00:27:07,440
haven't completed the required um
>> so

400
00:27:05,600 --> 00:27:12,320
» improvements to come into compliance. So
now I'm going to assess you that first

401
00:27:09,200 --> 00:27:18,240
fine and then at what point will that uh
daily fine come into play there?

402
00:27:15,440 --> 00:27:22,640
» So on section nine it goes into about
the daily fines that daily basically

403
00:27:20,080 --> 00:27:27,039
daily charge penalty service suspension
and so forth goes into that's what it

404
00:27:24,559 --> 00:27:31,360
talks about that section for you. on the
bottom you'll see that aster

405
00:27:29,440 --> 00:27:34,240
» I think the 30 days is the is the
backflow portion not the fog portion

406
00:27:33,039 --> 00:27:37,679
because we had discussed at the
beginning whenever we first rolled this

407
00:27:35,600 --> 00:27:45,919
out for the first year to be no
compliance violations or anything um

408
00:27:40,559 --> 00:27:50,240
just just to kind of get everybody
uh informed about the new ordinance and

409
00:27:48,559 --> 00:27:54,159
the resolution and that we needed to
start helping them come into compliance

410
00:27:51,679 --> 00:27:57,039
because that's a lot to get done in 30
days especially if they don't have it or

411
00:27:55,919 --> 00:28:00,720
they're not out to par.
>> I'm sorry. I did get I was reading

412
00:27:59,039 --> 00:28:05,120
through to backflow and not
>> I think backflow is the 30 days where

413
00:28:02,880 --> 00:28:10,799
this really hasn't had a set day time
frame um on when these would occur.

414
00:28:09,440 --> 00:28:14,880
» And we're actually in the process of
writing policy where you saw on on the

415
00:28:13,440 --> 00:28:19,200
section seven where it talks about 30
days to comply additional 15 days.

416
00:28:17,279 --> 00:28:22,880
» We're actually marking that marking that
out. So, it's not written in the

417
00:28:21,039 --> 00:28:26,559
resolution, but it'll be written in the
the policy for them to how they're going

418
00:28:25,440 --> 00:28:29,440
to proceed.
>> Enforce it. I got you.

419
00:28:27,679 --> 00:28:33,279
» Jesse, can you go to I think it's page
73.

420
00:28:32,159 --> 00:28:37,840
» Yeah. Right there.
>> Yep.

421
00:28:35,039 --> 00:28:40,000
» Okay. So, that's section seven is
backflow.

422
00:28:39,039 --> 00:28:43,520
» Yes.
>> So, what was the other that we were

423
00:28:41,679 --> 00:28:50,159
looking at a minute ago?
>> It was under four. Section four,

424
00:28:47,440 --> 00:28:54,399
» I think.
That's fog. So what's this right here?

425
00:28:52,320 --> 00:28:59,600
This is for fog penalty schedule.
Monetary penalty schedule.

426
00:28:57,760 --> 00:29:05,640
So this I think this is what you're
talking about, right?

427
00:29:01,360 --> 00:29:05,640
» And then the monetary citations.

428
00:29:09,039 --> 00:29:15,480
» Yeah, it's got the $50 per day
continuing violation.

429
00:29:23,600 --> 00:29:26,240
Are are you asking like how that how's
that

430
00:29:25,600 --> 00:29:30,080
» how it works?
>> So it's very sim I'm assuming very sim

431
00:29:27,679 --> 00:29:33,600
magistrate. So Chris Chris takes some
they go give them they give them

432
00:29:31,360 --> 00:29:37,200
citations and notices they don't comply
within the 30 days. You go through the

433
00:29:35,440 --> 00:29:40,159
full process and when you get to the
when you get to the point of per day

434
00:29:38,320 --> 00:29:43,760
fines because you've ignored it all the
way and then they just sit there and

435
00:29:41,760 --> 00:29:46,880
they acrew every day like like a lean
like a violation of a property. So

436
00:29:45,279 --> 00:29:51,360
that's for the magistrate to go ahead
and and a judge at that adjudicate at

437
00:29:49,760 --> 00:29:55,640
that point and then Okay, I'm good with
that. I I can understand it there.

438
00:29:55,679 --> 00:30:00,159
» I apologize. It was just fuzzing for me
for a minute.

439
00:29:58,320 --> 00:30:04,640
» You're good.
>> So let's go. Everybody good there?

440
00:30:02,399 --> 00:30:09,640
» Let's go to page six. Division two,
cross connection control and backflow

441
00:30:06,640 --> 00:30:09,640
prevention.

442
00:30:11,360 --> 00:30:18,799
» Well, it's it's marked page six. I'm not
sure what the PDF page is.

443
00:30:14,960 --> 00:30:22,880
» Uh I think it is six actually.
>> See, scroll up for me, Jesse. One more

444
00:30:21,919 --> 00:30:26,760
page.
>> Yes, six is 74.

445
00:30:26,799 --> 00:30:34,159
» Okay, go down.
Keep going.

446
00:30:31,200 --> 00:30:37,640
There we go. There we go. Right there.
Okay. So,

447
00:30:37,919 --> 00:30:45,279
this was one of the things that I
originally ran on was I had an issue

448
00:30:42,480 --> 00:30:50,240
with getting a backflow inspection to
open up and get my business license. And

449
00:30:47,760 --> 00:30:53,600
I' I've always had this question. I've
never been able to get true clarity on

450
00:30:51,840 --> 00:30:57,600
it.
This right here, this section right here

451
00:30:55,200 --> 00:31:03,679
basically says that we are going to
comply with

452
00:30:59,679 --> 00:31:07,080
uh Florida Administrative Code 62-5505
and 62-555.

453
00:31:07,200 --> 00:31:13,760
Um
what is it defined within the

454
00:31:11,840 --> 00:31:20,480
administrative code as far as the
frequency? I understand and don't debate

455
00:31:17,039 --> 00:31:25,039
the question around commercial that that
it's a requirement that commercials be

456
00:31:22,559 --> 00:31:30,799
commercial um properties be inspected
every year. But there was a brief period

457
00:31:28,320 --> 00:31:36,880
where I I guess for some reason was
required backtoback years to have my

458
00:31:33,120 --> 00:31:39,919
personal backflow pre inspected and then
later it finally got fixed and now I

459
00:31:38,559 --> 00:31:46,320
think I'm on like an every two-year
schedule. But what what is again I'm

460
00:31:44,720 --> 00:31:50,880
going back to the fact that I never was
able to kind of get clarity on this and

461
00:31:48,000 --> 00:31:57,200
it's I what I'm I guess I'm pointing at
and driving towards here is

462
00:31:54,799 --> 00:32:01,679
let's put something in our code that
says what we're doing and not

463
00:31:59,679 --> 00:32:05,519
necessarily referring and making the
public kind of jump through go here

464
00:32:03,360 --> 00:32:10,399
reference here reference here
>> type of thing. We can in the cross

465
00:32:08,320 --> 00:32:14,640
connection policy that we have, it
states that if you're a residential

466
00:32:11,919 --> 00:32:17,679
service, it's a every two-year cycle,
but if you're a business, it's a

467
00:32:16,159 --> 00:32:20,559
one-year cycle. Now, whether they got
confused at the time and thought you

468
00:32:19,039 --> 00:32:22,640
were that was your business,
>> right,

469
00:32:21,039 --> 00:32:25,600
» and you were operating a business out of
that residential home,

470
00:32:24,080 --> 00:32:29,519
» because that could be kind of the caveat
if you're going to claim your home as a

471
00:32:27,440 --> 00:32:34,799
residential business. Well, then to meet
those standards means that you are

472
00:32:31,519 --> 00:32:38,159
labeled in our system as commercial,
then you would have to meet that once a

473
00:32:36,880 --> 00:32:43,679
year criteria. I don't know if that'd be
the case or not, but it is in the

474
00:32:40,640 --> 00:32:49,279
policy. That's that. I believe that is a
a Florida administrative code timeline.

475
00:32:47,440 --> 00:32:52,960
» Um,
but we can clarify that. I mean, it's

476
00:32:51,279 --> 00:32:56,000
really it's really not that hard for us
to clarify that. But that's how it's

477
00:32:54,320 --> 00:33:01,760
clarified in our policy right now that
we have is that your residential would

478
00:32:57,679 --> 00:33:05,200
be on a two-year cycle and then your um
business would be on a one-year cycle

479
00:33:03,360 --> 00:33:09,679
and then you would have that 30 days to
come come in compliance. Lynn basically

480
00:33:07,039 --> 00:33:13,039
sends out a 15-day prior notice and then
you have that other 15 days after you go

481
00:33:11,440 --> 00:33:16,320
out of compliance to bring it back into
compliance and then at that time that's

482
00:33:14,399 --> 00:33:21,519
when we start the process of the
violations and the uh disconnection of

483
00:33:19,600 --> 00:33:24,640
water. if he just failed to to
completely uh acknowledge the letters

484
00:33:23,279 --> 00:33:28,240
and stuff like that. So
>> I got you.

485
00:33:25,279 --> 00:33:32,799
» And the reason why the Florida
administration code and the building

486
00:33:30,240 --> 00:33:37,760
codes even mention the section is so
that if a contractor someone comes in,

487
00:33:35,440 --> 00:33:41,200
well what standards are we using?
>> Sure.

488
00:33:39,679 --> 00:33:44,000
Code this is what you need to look at.
Here's the sections. This is what you

489
00:33:42,720 --> 00:33:46,320
need to go by.
>> Yes, absolutely. I'm

490
00:33:45,200 --> 00:33:49,679
» and that's the only reason why that
section mentioned in there.

491
00:33:47,679 --> 00:33:55,360
» Yes. I'm just trying to think how we can
how we can improve.

492
00:33:51,840 --> 00:33:59,760
» Um because again, having kind of walked
through that as a as a as a citizen, I

493
00:33:58,480 --> 00:34:03,360
was never able to truly get a lot of
clarity. It was just like, well, you

494
00:34:01,360 --> 00:34:04,559
just got to do it. And I'm like, huh?
What?

495
00:34:04,320 --> 00:34:11,040
» Yeah.
>> And and and I kept getting hit and I'm

496
00:34:06,399 --> 00:34:14,960
like, what's going on here? Um so just
wanting to kind of improve that. So, one

497
00:34:12,720 --> 00:34:20,240
thought would be I think it would be
very very helpful and I don't know if

498
00:34:16,720 --> 00:34:24,639
this is possible, but as someone that
has a business downtown, a house that

499
00:34:23,119 --> 00:34:28,480
has a backflow, and then as the
president of the nonprofit that has two

500
00:34:26,720 --> 00:34:34,079
black backflows, it would be
tremendously helpful for me because

501
00:34:30,399 --> 00:34:39,359
that's four to see on my water bill when
my in my inspection's due or when it's

502
00:34:36,720 --> 00:34:44,399
up. So if if it could be included on my
water bill, your inspection is due on

503
00:34:42,079 --> 00:34:47,599
July 5th of every year or because I
actually have them all spread out. The

504
00:34:45,919 --> 00:34:52,720
house is on a different cycle than the
store. Then the theater has two. The

505
00:34:50,639 --> 00:34:55,919
theater has the one that is covered by
the sprinkler system and then the

506
00:34:54,159 --> 00:35:01,440
theater has that secondary building
that's the rehearsal hall that has the

507
00:34:57,359 --> 00:35:04,240
backflow pre out back. So I have four
different cycles that I'm on when it

508
00:35:02,880 --> 00:35:07,440
comes to backflow. So, I'm always
wondering when my next backflow

509
00:35:05,599 --> 00:35:12,160
prevention letter is going to show up.
So, putting that on a water bill would

510
00:35:09,520 --> 00:35:15,640
be tremendously helpful as someone that
manages those

511
00:35:16,640 --> 00:35:22,800
» if it's possible.
>> Yeah. And that's the thing. I don't know

512
00:35:19,520 --> 00:35:26,240
how I know we can add some of the
information into the billing statements.

513
00:35:24,640 --> 00:35:30,160
I just don't know how much of that we
would be able to put on there and then

514
00:35:27,440 --> 00:35:34,880
also keep up with it
on the commercial side, especially if

515
00:35:31,680 --> 00:35:38,320
one changes ownership and things like
that. We would have to probably manually

516
00:35:36,800 --> 00:35:41,119
go in and change every one of those. I
don't know if it would be on a rolling

517
00:35:39,599 --> 00:35:43,040
cycle because if your business went out
of

518
00:35:42,560 --> 00:35:46,400
» right,
>> you know, shut off for two years. Well,

519
00:35:44,640 --> 00:35:48,560
then that cycle essentially you wouldn't
have to have it done until the new

520
00:35:47,440 --> 00:35:52,320
property owner come back in and then
we'd have to restart it again. So,

521
00:35:50,240 --> 00:35:57,280
» and take that out the bill. So,
>> so that leads Yeah. and and I agree. But

522
00:35:55,599 --> 00:36:03,839
that leads me to my second point that
was the whole rub to begin with was my

523
00:36:00,720 --> 00:36:08,000
business license was being held up by an
issue that as a lease of the building

524
00:36:06,560 --> 00:36:11,520
originally, even though now I own the
building, originally I didn't own the

525
00:36:09,599 --> 00:36:16,960
building. I was just subleasasing or
leasing it from the owner. And the owner

526
00:36:14,400 --> 00:36:20,160
was arguing, "I just had it turned on. I
just had it inspected." And I'm like,

527
00:36:18,560 --> 00:36:23,280
"That's not my problem. They're telling
me I can't get my business license until

528
00:36:21,920 --> 00:36:26,400
you have it inspected again." and he's
like, "I just had it inspected." And I'm

529
00:36:24,720 --> 00:36:28,400
like, "Why am I in the middle of this? I
just want a business license."

530
00:36:27,599 --> 00:36:33,599
» Mhm.
>> So, I would like to see something in

531
00:36:31,680 --> 00:36:37,440
here to kind of address that scenario
because it's a real scenario that I that

532
00:36:35,520 --> 00:36:41,119
I went through and I think it probably
happens from time to time because you

533
00:36:39,200 --> 00:36:46,400
you will have properties in the city
guaranteed where someone's leasing the

534
00:36:43,760 --> 00:36:50,000
building, but the actual ownership of
the backflow is not that person that's

535
00:36:48,480 --> 00:36:53,440
leasing the building. It's the building
owner or the property owner. Mhm.

536
00:36:51,920 --> 00:36:58,400
» So, I would like to see something in
here that kind of separates those two

537
00:36:56,320 --> 00:37:03,920
because to me, we shouldn't necessarily
hold up a business license when we've

538
00:37:00,640 --> 00:37:08,960
got a dispute with the property owner on
on a backflow prevention status.

539
00:37:07,040 --> 00:37:12,640
» So, that that would be my request. And
again, I'm throwing that out there for

540
00:37:10,800 --> 00:37:18,160
discussion. If if y'all all say I'm
crazy, that's fine. I get overruled. But

541
00:37:16,480 --> 00:37:22,720
that that that would be my two requests
is let's let's end this. Let's separate

542
00:37:20,720 --> 00:37:27,200
those two out so that we don't that
doesn't happen. And then number two, if

543
00:37:24,960 --> 00:37:32,560
there's any I understand your point
about change of ownership, but to me it

544
00:37:29,599 --> 00:37:37,119
just simply sticking it in as a note.
Your your backflow is due July of every

545
00:37:36,079 --> 00:37:40,640
year.
>> Even if you were to just stick that in

546
00:37:38,560 --> 00:37:42,880
as a permanent note that shows up on my
bill, that would be tremendously

547
00:37:41,920 --> 00:37:46,640
helpful.
>> Okay.

548
00:37:43,839 --> 00:37:51,760
» Do we make a business have a backlo
check even if they're not

549
00:37:49,839 --> 00:37:55,040
in operation just because there's a
business there with a potential of

550
00:37:54,480 --> 00:37:58,640
operating
>> and see that's my point if it actually

551
00:37:56,640 --> 00:38:00,960
fall to the property owner not the not
the business

552
00:37:59,200 --> 00:38:07,280
» well I say but if it's the if the
property owner no matter what has to

553
00:38:03,760 --> 00:38:11,440
have backload test done no matter what
if you go rent the building at any time

554
00:38:09,839 --> 00:38:14,800
that means the backflow test should
already be

555
00:38:12,160 --> 00:38:17,760
» valid valid worry about it
>> and that was his argument that was his

556
00:38:16,240 --> 00:38:20,720
argument to me I'm like the city's
telling me I can't get it he's like I

557
00:38:19,280 --> 00:38:23,680
just had it turned on and had to have it
inspected. What do you mean I'm having

558
00:38:21,920 --> 00:38:27,119
to have it inspected again? So, I ended
up basically just saying, "You know

559
00:38:24,800 --> 00:38:31,040
what? I'll handle it. I'll get it done."
And the irony to all of it was it was

560
00:38:29,280 --> 00:38:35,119
behind two locked doors. So, who who
knew when it was actually inspected? You

561
00:38:33,520 --> 00:38:37,520
know what I mean? Like, I kept I was
told, "Oh, well, it's been it hasn't

562
00:38:36,560 --> 00:38:41,040
been inspected." I'm like, "Well, how do
you know it's behind two locked doors?"

563
00:38:39,760 --> 00:38:47,119
You know, you know what I mean? Like, it
was this this big confusion.

564
00:38:43,520 --> 00:38:50,079
» Yeah. The city the city has he has a
list of who's on the backflow

565
00:38:49,119 --> 00:38:53,520
inspection. Right.
>> Right.

566
00:38:50,720 --> 00:38:58,160
» So why couldn't that guy that did the
back folk call the city and say I've did

567
00:38:55,359 --> 00:39:03,040
the back for testing and it's it's good
to go. It has

568
00:39:00,400 --> 00:39:06,160
» so it's a requirement every year.
>> So that's some of the that's some of the

569
00:39:04,640 --> 00:39:09,839
dispute that we have now with some of
them which Miss Lynn Miss Lynn runs the

570
00:39:08,720 --> 00:39:12,560
the system pretty tight.
>> Yeah, she does. No, and it sounds like I

571
00:39:11,359 --> 00:39:15,839
think that time frame was kind of when
Miss Lynn was coming on. I don't really

572
00:39:14,480 --> 00:39:17,760
know. She may have been here. I don't
know.

573
00:39:16,079 --> 00:39:22,560
» That was seven or eight years ago.
>> You really shouldn't encounter that. So,

574
00:39:20,000 --> 00:39:26,720
Miss Lynn runs a a list. She knows, like
I said, she sends those letters out 15

575
00:39:24,240 --> 00:39:30,400
days prior. She knows when that backflow
for the residential customer and the the

576
00:39:28,560 --> 00:39:35,680
business owner is coming up and she
sends those out. Now there is some

577
00:39:33,359 --> 00:39:39,200
issues that we've had to where like with
the contractors that are doing the

578
00:39:36,880 --> 00:39:43,680
backflow testing for the uh leases or
the renters are not providing us that

579
00:39:41,200 --> 00:39:47,920
documentation. The property owner is the
solely person responsible for making

580
00:39:45,520 --> 00:39:50,960
sure that we have that so that we are
stay in compliance and we did put a

581
00:39:49,839 --> 00:39:54,160
little language in that because we
discussed that because that's something

582
00:39:52,079 --> 00:39:56,480
that was very important because as a
customer they thought they had had a

583
00:39:55,440 --> 00:40:00,720
contractor do it and they thought the
contractor was doing it. It's not the

584
00:39:58,640 --> 00:40:04,560
contractor's responsibility. it's the
property owners. It's your backflow. So,

585
00:40:03,119 --> 00:40:09,599
we kind of changed some of that language
in this uh in the cross connection

586
00:40:06,960 --> 00:40:13,760
portion of this ordinance to restate
that again that it's that property

587
00:40:12,079 --> 00:40:18,000
owner. So, I do I get where you're
coming from and I do understand it if if

588
00:40:16,079 --> 00:40:22,320
that program is not being ran like it
should be, but it should be to where

589
00:40:20,000 --> 00:40:26,240
Miss Lynn knows how many days out you're
going to be. We send out those those

590
00:40:23,920 --> 00:40:30,320
notifications. If you go past that, we
send that out. She even half the time

591
00:40:28,079 --> 00:40:33,359
Miss Lynn chases down the contractors.
Luckily, she has all their contacts and

592
00:40:31,839 --> 00:40:36,720
she chases them down so we can stay in
compliance. But there's some times to

593
00:40:34,880 --> 00:40:41,520
where it just takes an extremely long
time to be able to get them. Um, but I

594
00:40:40,160 --> 00:40:45,920
mean, there's always something that we
can do to to better perfect our craft on

595
00:40:44,160 --> 00:40:49,680
getting those and making it more, you
know, user friendly for y'all. One of

596
00:40:47,839 --> 00:40:53,599
them is going to be that the the that
fog BMP program that we have. It's also

597
00:40:52,160 --> 00:40:57,440
going to be on there. And if I'm not
mistaken, and I'll have to take check

598
00:40:56,079 --> 00:41:00,640
with Miss Lynn, I don't want to speak
for her or her tell you a lie, but I

599
00:40:59,280 --> 00:41:03,680
believe there's a way in that software
to where if you have those email

600
00:41:02,160 --> 00:41:06,560
addresses or things of that nature,
which is going to be a little different

601
00:41:04,720 --> 00:41:10,560
because you're le possibly and if you
move out, but it will send those email

602
00:41:08,720 --> 00:41:14,960
notifications with that information
also. So, it'll start rolling in to

603
00:41:12,960 --> 00:41:19,920
where we're going to have better means
of notification. that that's fant. Yeah,

604
00:41:17,599 --> 00:41:24,400
» but having that in writing is what is
really going to be where you true up

605
00:41:22,800 --> 00:41:28,319
those situations. So, I mean, it's
something that we can look at. We can

606
00:41:25,599 --> 00:41:31,440
take it back to uh my crew and kind of
discuss those if if that's what we need

607
00:41:29,839 --> 00:41:34,079
to do and see if we can streamline that
process.

608
00:41:32,400 --> 00:41:36,319
» And please, please everybody hear me
out. Like, I'm not throwing stones at

609
00:41:35,839 --> 00:41:38,400
anybody.
>> Oh, no. Yeah.

610
00:41:36,880 --> 00:41:42,000
» I you know, I think Miss Lynn does a
great job. I have had no problems with

611
00:41:40,240 --> 00:41:45,520
Miss Lynn ever since she took over the
program. I feel like it's it's run

612
00:41:43,920 --> 00:41:50,000
top-notch.
I'm I'm speaking from my previous

613
00:41:47,599 --> 00:41:54,800
experience and saying,
is there a way to notify people better?

614
00:41:52,000 --> 00:41:58,800
But number two, let's decouple
the business license portion from

615
00:41:57,839 --> 00:42:03,599
» the facility,
>> the the the physical property owner

616
00:42:01,440 --> 00:42:06,079
» and and like let's much like we did with
the building inspection stuff,

617
00:42:05,709 --> 00:42:11,040
[clears throat]
>> let's codify that so that it does in

618
00:42:08,400 --> 00:42:13,920
into this so that we don't have someone
say, "Nope, you can't get a business

619
00:42:12,640 --> 00:42:18,400
license because this hasn't been
completed over here." Like, I want to

620
00:42:15,760 --> 00:42:22,640
decouple that. And and again, if y'all
think I'm crazy, please tell me. I I'm

621
00:42:20,319 --> 00:42:27,119
I'm open to correction on this. Please,
please, please.

622
00:42:23,440 --> 00:42:31,920
» I I I uh I want to insert this.
Isn't there a way we can put language in

623
00:42:28,720 --> 00:42:36,880
there that uh we require the backflow
inspector to have license in the city?

624
00:42:35,040 --> 00:42:42,400
» Isn't any way we can put language in
there that he has a a duty to inform the

625
00:42:39,920 --> 00:42:47,760
city that this has passed and send a
note to him or whatever

626
00:42:44,240 --> 00:42:50,720
» because he getting paid.
I'm just saying if there's any way we

627
00:42:49,119 --> 00:42:52,240
can change the language that you know he
can identify.

628
00:42:51,359 --> 00:42:55,599
» I don't know if we could hold a
contractor because contractor would do

629
00:42:54,000 --> 00:43:00,000
work in here. We could possibly ban him
if he didn't give us those notifications

630
00:42:57,520 --> 00:43:03,760
out from doing work inside the city. But
Miss Lynn on that list is everybody that

631
00:43:02,319 --> 00:43:07,599
is state certified. They have to be
state certified to be able to to

632
00:43:05,520 --> 00:43:11,040
maintenance and repair backflows here
within the city. They also got to have a

633
00:43:09,599 --> 00:43:14,079
business license. So if one comes in,
let's say they want to be added to that

634
00:43:12,240 --> 00:43:18,720
list, she automatically gives that to
Miss Lisa and make sure that they get

635
00:43:16,480 --> 00:43:26,400
their their business license or you know
through the process code. But the it

636
00:43:22,720 --> 00:43:30,000
kind of is doing that, but it's it's a
process. Yeah.

637
00:43:27,040 --> 00:43:34,960
» See, my my issue wasn't with
the the backflow inspector not

638
00:43:33,040 --> 00:43:40,079
communicating with the city. My issue
was that the city apparently didn't have

639
00:43:37,760 --> 00:43:43,440
documentation but turned the water on.
>> Right. But I understand that. But what

640
00:43:41,520 --> 00:43:46,880
I'm seeing if that if he did
communicated with Lynn in the city then

641
00:43:45,440 --> 00:43:50,960
that wouldn't you wouldn't had that
problem. That would eliminate that

642
00:43:48,160 --> 00:43:55,520
problem there.
>> Yes.

643
00:43:53,119 --> 00:43:58,560
» Because it certif.
>> Yeah.

644
00:43:56,319 --> 00:44:01,359
» But would but if the Well, that's the
thing. That's where we're running into.

645
00:43:59,920 --> 00:44:05,920
That's why we'd much rather go straight
to the horse's mouth, for lack of better

646
00:44:04,319 --> 00:44:08,640
words, but go straight to the customer
and say, "Look, your backflow is out of

647
00:44:07,599 --> 00:44:11,520
compliance." Because if we go to your
contractor, you're you could have made

648
00:44:10,079 --> 00:44:16,319
your contractor mad and I ain't going to
tell them. So,

649
00:44:14,079 --> 00:44:20,400
take your money and run. That's kind of
why we go straight and we say solely the

650
00:44:18,800 --> 00:44:24,880
customer because the customer is the one
that we technically have any balance to

651
00:44:22,880 --> 00:44:27,839
shut their water service off. We can't
go shut the contractor off and if you

652
00:44:26,240 --> 00:44:30,640
make contractor, like I say, it's just a
whole deal there,

653
00:44:28,560 --> 00:44:34,000
» right? And in my current [clears throat]
situation, I'm one and the same, right?

654
00:44:32,560 --> 00:44:37,680
I'm the building owner and I'm the
customer. But in my previous situation,

655
00:44:36,319 --> 00:44:39,520
I wasn't the building owner.
>> Yeah.

656
00:44:38,240 --> 00:44:42,640
» I wasn't. And the water bill wasn't
technically in my name.

657
00:44:41,280 --> 00:44:45,520
» Now it all Now it all is and
everything's gravy. But back then it

658
00:44:44,560 --> 00:44:48,960
wasn't.
>> I actually had a lease with him that

659
00:44:47,040 --> 00:44:54,640
said he would pay the water and the
power and I had a flat fee for my lease.

660
00:44:52,720 --> 00:44:58,800
» So he was covering my power and my water
as part of my lease. So it was all

661
00:44:57,200 --> 00:45:02,880
technically under his name. It should
have been him do performing the work.

662
00:45:02,319 --> 00:45:06,319
» Yes, sir.
>> Questions. Chris, do is business does

663
00:45:05,200 --> 00:45:10,960
business actually even take into
consideration the back floor anymore?

664
00:45:09,040 --> 00:45:16,160
» Not that I know of. I thought we took
took that away from that section as in

665
00:45:13,760 --> 00:45:17,599
um we don't I don't think we check that
anymore.

666
00:45:16,640 --> 00:45:22,480
» So, I don't think they're connected
anymore at all. Um couple next question.

667
00:45:20,400 --> 00:45:27,040
Um maybe Mr. Randall, is there a fee
associated with the backflow

668
00:45:25,520 --> 00:45:30,560
or is it just they had to get inspected?
Did they give us they verified that it

669
00:45:28,640 --> 00:45:32,560
was it was ver was inspected and that's
it.

670
00:45:31,119 --> 00:45:35,680
» Is there an inspection fee?
>> Mhm.

671
00:45:33,040 --> 00:45:38,880
» You mean no there's no there's no
inspection fee that we do because the

672
00:45:37,280 --> 00:45:42,000
contractor is doing the inspection. It's
not us doing the inspection.

673
00:45:40,400 --> 00:45:46,560
» I know I'm saying we don't charge just
for example fog. We're charging a permit

674
00:45:44,160 --> 00:45:50,160
for someone to be able to cook so they
don't go in our system. This is not very

675
00:45:48,640 --> 00:45:52,880
much different. This is a backflow not
contaminate our water supply. So I'm

676
00:45:51,839 --> 00:45:56,400
asking so we don't charge anything
currently for anything to backflow.

677
00:45:54,560 --> 00:45:59,839
» Okay. No permitting fees or anything
backlo.

678
00:45:57,280 --> 00:46:05,040
» Okay. How many how many you think we got
>> back flows? I'd be lying to you if I

679
00:46:02,079 --> 00:46:06,880
said because you have most of all every
commercial account is supposed to have a

680
00:46:06,319 --> 00:46:10,160
backflow
>> and every you have your egg meters.

681
00:46:09,520 --> 00:46:14,000
» Okay.
>> Are those with exterior water sources?

682
00:46:12,800 --> 00:46:15,680
» I don't have an ameter, but I have a
backflow.

683
00:46:14,400 --> 00:46:17,440
» This is just a suggestion and I don't
know.

684
00:46:16,079 --> 00:46:19,359
» You have an exterior water source on the
property and then you're supposed to

685
00:46:18,240 --> 00:46:22,640
have a back float.
>> This is a suggestion. You know,

686
00:46:21,040 --> 00:46:28,319
obviously when you go to work on two
ways, but

687
00:46:25,599 --> 00:46:31,680
the whole point of this is me as again I
don't have one. I'm just saying you like

688
00:46:29,920 --> 00:46:34,640
you just said that to back foot on mean
nothing to me as property owner. It

689
00:46:33,359 --> 00:46:36,720
means something to the city because we
don't want to crosscontaminate. They

690
00:46:35,680 --> 00:46:39,440
won't we don't want to back into our
system. [clears throat]

691
00:46:37,680 --> 00:46:43,839
» So why put the responsibility of
property owner something they don't have

692
00:46:40,480 --> 00:46:48,480
a vested interest in. So why don't we as
a city

693
00:46:45,599 --> 00:46:51,680
get a backflow contractor under contract
and they perform them. We send them out.

694
00:46:50,400 --> 00:46:55,440
We give them a list. They go perform
those. They provide that verification

695
00:46:53,440 --> 00:47:01,760
back to us because we're the ones who
care about it.

696
00:46:57,280 --> 00:47:05,359
» Basically to a invite to or inspector.
>> Yeah. Why make property owner get one

697
00:47:04,079 --> 00:47:09,440
every year? Just like So then we're
talking about you got five of them. You

698
00:47:07,119 --> 00:47:13,280
wouldn't have to do that. It's a list.
>> Then you're talking about doing a an

699
00:47:11,040 --> 00:47:16,480
annual fee for for that service.
>> So if what you don't have to charge the

700
00:47:15,040 --> 00:47:21,040
same amount, I don't know what the cost,
but they're already paying what's what's

701
00:47:18,560 --> 00:47:22,960
it cost? to $75 each. Okay. Some of them
charge $100.

702
00:47:21,760 --> 00:47:28,480
» Okay. You bid it out.
>> They back and forth.

703
00:47:25,920 --> 00:47:33,119
» Well, on on the theater with that 6 in
tap for the sprinkler system, that's a

704
00:47:30,720 --> 00:47:36,720
whole separate backflow that's
completely different than the the

705
00:47:35,040 --> 00:47:39,760
regular backflow that's on the building
itself.

706
00:47:37,839 --> 00:47:42,960
» So, ju just be aware that you're going
to have

707
00:47:40,640 --> 00:47:46,400
» those backflows as well as the typical
backflow that you see,

708
00:47:44,240 --> 00:47:50,400
» your fire suppression back.
>> Yeah. So I guess what I'm getting at is

709
00:47:48,720 --> 00:47:53,760
um obviously we have to go through and
determine well we think the average cost

710
00:47:52,319 --> 00:47:57,040
is to have one of those conducted one of
those right but then at that point you

711
00:47:55,920 --> 00:47:59,040
don't have to worry about it anymore
right nobody's got to worry about if you

712
00:47:58,000 --> 00:48:02,800
got multiple of them because it's
already on the list that pointless L

713
00:48:01,040 --> 00:48:05,920
provide that list to our contractor they
go and perform that they give us

714
00:48:03,920 --> 00:48:09,839
verification we put that either we bill
you or we put on your water bill

715
00:48:07,839 --> 00:48:13,760
» right and on top of that when you bid it
out how many how many we got on the list

716
00:48:12,000 --> 00:48:16,720
probably how many people
>> 10 to 12 maybe

717
00:48:14,720 --> 00:48:21,119
» okay imagine 10 to 12 people bidding to
take the city's entire backlog.

718
00:48:19,440 --> 00:48:23,520
» Some of them have four.
>> No, no, no. I'm talking about the

719
00:48:22,720 --> 00:48:26,079
contractor.
>> Contractors have Okay. I'm sorry. I was

720
00:48:25,359 --> 00:48:30,000
talking about the back.
>> Yeah. No. So, on the on the list of

721
00:48:28,160 --> 00:48:33,680
approved backflow people that do, we got
about 10 or 12. Imagine 10 or 12 people

722
00:48:31,680 --> 00:48:37,119
bidding on the city's backflow accounts.
You're going to bring the cost per

723
00:48:34,960 --> 00:48:40,079
backflow inspection down.
>> So, it's going to cost property owners

724
00:48:38,400 --> 00:48:44,079
less than what it cost them now because
I don't know what the margin is on

725
00:48:41,280 --> 00:48:46,400
backflow checking, but you have to have
one. Again, I don't know how many there

726
00:48:45,200 --> 00:48:50,000
are in the city. So, right, you may have
to have four of them. May not be able to

727
00:48:47,680 --> 00:48:53,359
have one. Have to have four. Obviously,
we can guarantee a minimum amount per

728
00:48:51,920 --> 00:48:56,640
contractor,
>> right? Because you're not going to get

729
00:48:55,280 --> 00:49:00,280
any less than a certain number unless
you have a mass exodus.

730
00:49:00,319 --> 00:49:08,000
» Not a bad idea.
>> Kind of like the toe tow rotation list.

731
00:49:03,680 --> 00:49:10,480
Basically, it first runs up coming on.
>> You got three months. You don't

732
00:49:08,960 --> 00:49:15,280
guarantee the number. I mean, you could,
you know, let's say you got get four of

733
00:49:12,960 --> 00:49:18,880
them. 12 months. They get three months
out of the year. You rotate this month,

734
00:49:17,119 --> 00:49:21,119
you get this one. You rotate through it.
By the end of the year, all four of them

735
00:49:20,000 --> 00:49:25,040
get at least three months worth of
accounts of service. Hey, you you may

736
00:49:22,880 --> 00:49:29,760
get, you know, 200, the other person
might get 500. That's just the way it

737
00:49:26,400 --> 00:49:34,000
rolls in rotation.
>> Now, don't and this is looking on the

738
00:49:32,400 --> 00:49:36,800
contractor side of it, but not all
contractors have the fire suppression

739
00:49:35,520 --> 00:49:39,760
certification. That's a whole another
certification when it comes to the

740
00:49:38,240 --> 00:49:43,119
repair and everything.
>> So, you have a tester, you have a

741
00:49:42,000 --> 00:49:47,040
repair, and then you have fire
suppression. So

742
00:49:45,680 --> 00:49:50,480
that would be one of the things is that
if we do, I mean, we really need to look

743
00:49:48,800 --> 00:49:54,319
into it and separate it to where we
don't basically cut out all the local

744
00:49:52,800 --> 00:49:57,520
contractors we have right now that's on
that list that only have that

745
00:49:55,680 --> 00:50:00,240
certification to be able to test and
then some to repair.

746
00:49:58,880 --> 00:50:03,839
» Well, it's not I mean, I'm not I don't
want to cut anybody out either. However,

747
00:50:02,559 --> 00:50:06,800
if we're I mean, I'm just giving an
example. If you're going to do it, if we

748
00:50:04,960 --> 00:50:10,079
require you to have both,
>> then I assume you go get it if you want

749
00:50:09,359 --> 00:50:14,960
to bid on it.
>> Okay, but hold on. So, for example,

750
00:50:13,520 --> 00:50:17,839
cuz I've had I've had the one at my
house replaced and I've had the one at

751
00:50:16,240 --> 00:50:22,880
the store replaced and I went two
different directions with them. The one

752
00:50:19,359 --> 00:50:25,359
at the house, I bought what was told and
then they just came out and installed it

753
00:50:24,240 --> 00:50:30,480
and certified it.
>> And that was one price. When I did the

754
00:50:27,839 --> 00:50:34,079
one at the store, I just said just do it
for me. And that was a completely

755
00:50:32,559 --> 00:50:37,920
different and much more expensive price
that I will never do again. Okay,

756
00:50:35,680 --> 00:50:40,960
» I will I will buy it and provide it
>> because I was able to buy it a whole lot

757
00:50:39,359 --> 00:50:46,000
cheaper. So, is the city going to get
into the process of standardizing a

758
00:50:43,520 --> 00:50:50,559
backflow pre and saying you're going to
buy, you know, your your backflow pre

759
00:50:47,839 --> 00:50:54,960
failed, it could not be repaired cuz
like the one at the house, I bought the

760
00:50:53,040 --> 00:50:58,400
internals and repaired it and it worked
for a year and and passed inspection for

761
00:50:56,880 --> 00:51:00,960
a year and then finally it failed again
and they were like, "Hey, you got to you

762
00:50:59,520 --> 00:51:03,440
got to replace it."
>> Well, there's a distin

763
00:51:01,839 --> 00:51:07,119
» standardizing. I don't think so because
it all depends on what type of backflow

764
00:51:05,119 --> 00:51:10,160
and what area it is. So, you have
multiple different backflows. There's

765
00:51:08,640 --> 00:51:12,400
probably five to six different kinds.
You got your dual checks, your RPZs,

766
00:51:12,000 --> 00:51:16,079
right?
>> Air gap, uh, dual check, you know, dual

767
00:51:14,559 --> 00:51:20,000
checks. You got you got a couple
different backflows. So, to say that

768
00:51:18,000 --> 00:51:22,640
we're going to standardize, no, there's
really no way for us to standardize.

769
00:51:21,520 --> 00:51:24,880
» Well, I don't think we want to get into
the installation. So, there's there's

770
00:51:23,839 --> 00:51:29,119
the installation, there's the
inspection. I don't think we want to get

771
00:51:26,480 --> 00:51:32,559
into installation because then,
>> right, for water, for example, water

772
00:51:30,800 --> 00:51:35,440
meters and registers, we have soul
source vendors. We can buy that case,

773
00:51:34,640 --> 00:51:38,240
you're going to have to go out, we're
going to bid it out. We're going to be a

774
00:51:36,800 --> 00:51:41,440
process. So, I'd say you stay out of the
installation portion of it. If you got

775
00:51:40,000 --> 00:51:44,079
it installed or you're a new build, you
put your own in and after that, you no

776
00:51:42,880 --> 00:51:46,240
longer have to worry about it. He's
going to inspect it. We're going to send

777
00:51:45,040 --> 00:51:49,599
you the bill every year for that
inspection to be on your bill.

778
00:51:47,839 --> 00:51:56,079
» So, it's just a thought.
>> You say my foot right there because

779
00:51:51,599 --> 00:52:00,800
you're right on your guy wanted $500 for
$100 back floor. I say no. I went and

780
00:51:58,880 --> 00:52:05,599
got the back for install it. I asked him
to inspect it because he was too high

781
00:52:03,440 --> 00:52:09,040
» and and that was a robbery. I couldn't I
couldn't allow that to happen, but I

782
00:52:07,680 --> 00:52:11,760
know how to install them and everything
and I said I just didn't have the

783
00:52:10,240 --> 00:52:13,839
license to check it. But you can't stop
me from fixing my own backlog.

784
00:52:13,200 --> 00:52:16,880
» Mhm.
>> But long as it pass and expect. But I

785
00:52:15,440 --> 00:52:20,640
had a brand new one. But you have some
of them will rob you on that. Just like

786
00:52:18,480 --> 00:52:25,440
you say, it's very expensive. You'd be
surprised what some of them cost.

787
00:52:22,480 --> 00:52:28,480
» And it's the same thing, same name, same
size because you got different sizes

788
00:52:26,880 --> 00:52:31,119
that I hole.
>> So

789
00:52:29,040 --> 00:52:35,040
» So you're you're saying just the
inspection side, you would not get into

790
00:52:32,800 --> 00:52:38,000
the repair or the replacement side. No,
cuz I be honest with if you're going to

791
00:52:36,400 --> 00:52:41,440
get into the installation repair and
stuff, you might as well add a division

792
00:52:39,599 --> 00:52:44,800
within water, right? Hire the people to
do it and then we buy the back flows, we

793
00:52:43,040 --> 00:52:47,359
install them, just like you do a
capacity fee and tap the water line

794
00:52:46,400 --> 00:52:50,000
» training and service.
>> Go ahead and do the full service.

795
00:52:48,720 --> 00:52:54,240
Obviously, the flip side of that is
everyone here who does a business is

796
00:52:51,440 --> 00:52:57,520
gone because we now own we own I mean,
we own the water system. So, you know,

797
00:52:56,000 --> 00:52:59,680
they no longer service our water system.
So, there's back but I'd say if you're

798
00:52:58,640 --> 00:53:02,400
going to get into the installation
repair, you might as well put a whole

799
00:53:00,800 --> 00:53:05,920
new division in the utility department
and do it all ourselves. this case an

800
00:53:04,720 --> 00:53:08,960
inspection. You literally just got them
on contracts. You give them the list.

801
00:53:07,599 --> 00:53:13,040
They perform it. They give us back the
verification that occurred or it failed.

802
00:53:10,800 --> 00:53:17,040
You can notify on that point. Then you
it goes on your bill. Like they may be I

803
00:53:15,920 --> 00:53:19,680
mean I guess we can try to look to
standardize them as once per year. You

804
00:53:18,559 --> 00:53:22,079
may get four different ones throughout
the year, but at least you're going to

805
00:53:20,960 --> 00:53:25,960
see on there what it's for and it's
going to be on that specific account.

806
00:53:27,839 --> 00:53:34,880
I can I can see pros and cons to both
sides of it because like again having

807
00:53:32,800 --> 00:53:38,880
gone through many iterations with mine
like I went back and forth. Hey, let me

808
00:53:36,720 --> 00:53:43,440
let me do a rebuild kit this year and
see if that gets me by. And it did. And

809
00:53:40,960 --> 00:53:46,960
then a year or two later, hey, re
rebuild kit's failing. You you know,

810
00:53:45,280 --> 00:53:51,359
it's still not seating correctly. You're
going to have to buy a whole new one. In

811
00:53:48,720 --> 00:53:55,920
that case, they made a recommendation. I
ordered off Amazon

812
00:53:53,520 --> 00:53:58,480
and it was I think back then it was like
120 bucks

813
00:53:56,960 --> 00:54:00,880
» versus the one I did down at the store.
I just said

814
00:53:59,599 --> 00:54:06,000
» he said, "Hey, it's failing. It needs to
be replaced." I said, "Just replace it."

815
00:54:02,640 --> 00:54:07,920
That was $400. I was like,
>> "That's a hit."

816
00:54:07,040 --> 00:54:10,880
» Yeah.
>> That's a hit.

817
00:54:08,960 --> 00:54:17,640
» So,
I can I can see pros and cons to it. And

818
00:54:13,119 --> 00:54:17,640
and I guess what I'm thinking through is

819
00:54:18,400 --> 00:54:25,760
in an instance where a vendor goes out,
does inspection, now the city's telling

820
00:54:24,079 --> 00:54:29,680
me I failed. So now I got to get a hold
of a vendor and say, "Okay, was it

821
00:54:28,079 --> 00:54:33,440
failing and I need a rebuild kit or was
it failing and I just need a full

822
00:54:31,040 --> 00:54:37,359
replacement?" Like, what's the deal? Is
that am I allowed to contact the same

823
00:54:35,200 --> 00:54:42,319
person that came out and did it or do I
need to go get my own? I I could kind of

824
00:54:39,599 --> 00:54:45,520
see that opening up a whole lot of other
>> can of worms.

825
00:54:43,680 --> 00:54:47,680
» Oh well, why' they fail this thing? It's
working fine. Look, so they could

826
00:54:47,119 --> 00:54:52,000
replace
>> and that's our that's our situation is

827
00:54:50,559 --> 00:54:55,119
it has to be somebody licensed. That's
why I say Miss Lynn, make sure it is

828
00:54:53,599 --> 00:54:57,839
because otherwise you'll have that
scenario. Somebody can come out there

829
00:54:56,319 --> 00:55:01,200
and say they put a new gasket in there
and it really didn't do anything to it.

830
00:54:59,920 --> 00:55:03,680
It's still causing you issues.
>> Yeah. So, you definitely want somebody

831
00:55:02,559 --> 00:55:08,000
that knows what they're looking at
because

832
00:55:05,040 --> 00:55:09,839
» it's pretty intrinsically intrinsic
priority when it comes to the water

833
00:55:09,520 --> 00:55:11,440
system.
>> Sure.

834
00:55:10,160 --> 00:55:14,240
» Because anything can get pumped back in
there. Anybody spraying agricultural

835
00:55:12,960 --> 00:55:20,480
stuff or weed killer and stuff gets
sucked back into a a uh sprinkler head

836
00:55:18,079 --> 00:55:25,920
and it's contaminated everything. So,
definitely want to be cautious of

837
00:55:23,760 --> 00:55:30,079
how we want to go about that.
>> All right. [laughter] So, I don't I

838
00:55:27,680 --> 00:55:34,559
don't mean to belabor the point. Do we
have any more? We've spent almost an

839
00:55:32,000 --> 00:55:37,119
hour on chapter 23. Does anybody else
have anything? Obviously, it's going to

840
00:55:36,079 --> 00:55:37,760
get brought back.
>> Yeah.

841
00:55:37,359 --> 00:55:42,720
» Right.
>> I hope somebody took notes. [laughter]

842
00:55:40,079 --> 00:55:48,240
» I got video.
>> The bad thing is we could complicate

843
00:55:44,480 --> 00:55:53,680
that process three different ways or
three ways. The overall goal is it is it

844
00:55:50,480 --> 00:55:57,359
moving efficiently currently? Do we
>> would it be more efficient to do it the

845
00:55:55,440 --> 00:56:00,319
other way or are we over complicating
it? And

846
00:55:58,000 --> 00:56:04,960
» Right. So, I don't know.
>> Well, we can get well, I'll get in touch

847
00:56:02,799 --> 00:56:09,520
with my billing supervisor, see how
easily it would be for us to add that

848
00:56:06,960 --> 00:56:11,680
in. Um, of course, you know, some of the
things that we did change was kind of

849
00:56:10,559 --> 00:56:18,240
the outlook on how that billing
statement was and kind of standardizing

850
00:56:14,079 --> 00:56:21,200
standardizing the the billing uh uh slip
with what you get email-wise and things

851
00:56:20,079 --> 00:56:24,079
of that nature for those that have
emails and stuff. We're trying to make

852
00:56:22,240 --> 00:56:26,480
it look the same because reading too
many different documents that say the

853
00:56:25,440 --> 00:56:28,720
same thing but they're all in different
fonts will really confuse you.

854
00:56:28,240 --> 00:56:33,200
» Yeah.
>> So, uh so we can definitely do that. See

855
00:56:31,119 --> 00:56:36,640
see how far we can go with that and
>> it may be maybe a simple process. We

856
00:56:35,680 --> 00:56:38,000
just got to see.
>> So,

857
00:56:36,960 --> 00:56:39,839
» okay.
>> Anybody else have anything before we

858
00:56:39,280 --> 00:56:42,000
move on?
>> Unless you put a lot together. Thank

859
00:56:41,680 --> 00:56:43,920
you.
>> Yes. Thank you for all your hard work on

860
00:56:43,520 --> 00:56:48,440
this.
>> Yes, sir.

861
00:56:44,480 --> 00:56:48,440
» Mr. Shawn and Mr. Randall.

862
00:56:49,760 --> 00:57:00,000
» All right. We will move on to chapter
uh or 2B chapter 13. Um Mr. Atkinson

863
00:56:58,240 --> 00:57:03,359
unfortunately had a conflict with a
budget meeting in Freeport. So he's not

864
00:57:02,079 --> 00:57:10,799
here. So I'm going to [clears throat] do
my level best. He did submit to to us

865
00:57:07,440 --> 00:57:14,000
this afternoon kind of a combination of
these ordinances that are actually

866
00:57:12,160 --> 00:57:20,640
listed for the for the agenda items
here. So I think it's two ordinances

867
00:57:16,559 --> 00:57:23,640
that cover these these four original
chapters.

868
00:57:27,040 --> 00:57:33,079
» 13.
>> Okay. So yeah. So this one's

869
00:57:33,680 --> 00:57:41,200
» Yeah, cuz I think if if I based on my
conversation with him,

870
00:57:38,160 --> 00:57:47,559
I think 13
let's see 13 was it 13 and 20 are going

871
00:57:43,359 --> 00:57:47,559
to be combined. Let's see.

872
00:58:00,240 --> 00:58:05,200
Does anybody have any kind of
discussion? Have we had a chance to

873
00:58:03,440 --> 00:58:08,200
review this? I know it came out this
afternoon.

874
00:58:22,559 --> 00:58:29,040
No, I mean
he's

875
00:58:27,359 --> 00:58:33,079
pulled out everything we asked you to
from before. It looks like

876
00:58:41,520 --> 00:58:50,480
did he send because I I see here where
he sent chapter 21 [clears throat] and

877
00:58:45,680 --> 00:58:57,200
chapter 13. Did he send
uh chapter 15 and chapter 20?

878
00:58:54,319 --> 00:59:00,559
» Yes, sir. Okay. Oh, so that's in the
printed material. Yes.

879
00:58:58,319 --> 00:59:06,559
» Oh, okay. Cuz I Sorry. He only emailed
me two two out of the four.

880
00:59:04,240 --> 00:59:10,280
» 15.
>> Okay. I see him here.

881
00:59:10,640 --> 00:59:17,079
» I don't know if it's going to be on the
electronic version.

882
00:59:14,079 --> 00:59:17,079
» 15.

883
00:59:17,200 --> 00:59:21,240
» It'll be in the printed version.

884
00:59:24,960 --> 00:59:28,359
for this room.

885
00:59:29,280 --> 00:59:34,599
» No, no, no, no. You're you're good.
You're all good, Miss.

886
00:59:34,799 --> 00:59:42,280
So, right now, technically,
we're on chapter Hang on.

887
00:59:44,079 --> 00:59:47,960
We're on chapter 13.

888
00:59:56,079 --> 01:00:00,839
All right, everybody got 13 in front of
them.

889
01:00:25,466 --> 01:00:27,486
» [snorts]

890
01:00:45,599 --> 01:00:52,119
» kind of wish the chief was here.
>> I think these are the same.

891
01:00:57,119 --> 01:01:00,119
Yeah.

892
01:01:21,797 --> 01:01:25,960
» [snorts]
>> Mhm.

893
01:01:40,960 --> 01:01:44,200
They're not

894
01:01:53,119 --> 01:01:56,119
Serious.

895
01:02:22,400 --> 01:02:29,040
I can't this last page where it says
city attorney's sidebar notes.

896
01:02:27,280 --> 01:02:33,520
» I have that. Yes, ma'am. Do y'all have
that?

897
01:02:31,440 --> 01:02:37,920
» It'll be on
the packet [clears throat] for chapter

898
01:02:34,799 --> 01:02:42,440
13. It'll be towards the back and say
drafter's notes.

899
01:02:39,440 --> 01:02:42,440
» Okay.

900
01:02:44,880 --> 01:02:48,359
» Yeah, I see it.

901
01:02:51,440 --> 01:02:58,160
» Yeah. Go one more page.
>> One more page. 11.

902
01:02:55,839 --> 01:03:03,520
» There we go.
>> So, I guess those were his sidebar notes

903
01:03:00,960 --> 01:03:10,680
for you all tonight regarding chapter
13. If that helps.

904
01:03:07,119 --> 01:03:10,680
» Yes. Thank you.

905
01:04:12,720 --> 01:04:17,799
Okay. Okay. So, it does say in his notes
here.

906
01:04:20,880 --> 01:04:25,400
Oh, I just lost it. Where' it go?

907
01:04:50,559 --> 01:04:56,160
Committee should decide whether to
conform

908
01:04:53,599 --> 01:05:01,079
to noncriminal treatment
adopted for parking section 133.

909
01:05:01,680 --> 01:05:09,680
Fines are moved to resolution per the
council's direction. The section retains

910
01:05:07,039 --> 01:05:13,520
its misdemeanor character for now. The
committee should decide whether to

911
01:05:10,960 --> 01:05:19,680
conform it to the noncriminal treatment
adopted for parking in section 133 C.

912
01:05:17,839 --> 01:05:23,200
Retaining the misdemeanor character
preserves maximum enforcement

913
01:05:21,280 --> 01:05:28,559
flexibility for repeated allterrain
vehicle operation on city streets.

914
01:05:25,839 --> 01:05:32,520
Conforming would treat the fine schedule
as an exclusive consequence.

915
01:05:32,559 --> 01:05:35,559
Anybody

916
01:05:39,520 --> 01:05:44,440
have any thoughts or comments on that?

917
01:05:47,599 --> 01:05:53,079
Not
at the moment.

918
01:09:21,839 --> 01:09:25,480
I'm good with this.

919
01:09:30,640 --> 01:09:33,839
15.
>> So you're you're good with 13 as

920
01:09:33,120 --> 01:09:35,120
presented.
>> Mhm.

921
01:09:34,319 --> 01:09:38,960
» Yes, sir.
>> Okay.

922
01:09:38,080 --> 01:09:43,679
» I'm good to go.
>> You're good to go.

923
01:09:41,679 --> 01:09:47,359
» Jordan carriage.
>> Yes.

924
01:09:45,199 --> 01:09:51,839
All right. I do I do just want to kind
of call out a couple of his notes just

925
01:09:48,799 --> 01:09:55,799
to make sure we're all on the same page.
So he's talking about

926
01:09:59,760 --> 01:10:11,360
note so note three that uh okay I'm
sorry note two talks about

927
01:10:08,423 --> 01:10:15,199
[snorts] parking fines are not a crime
which matches the modern practice and

928
01:10:13,679 --> 01:10:22,320
proportionality.
So then when you go down to note four

929
01:10:18,480 --> 01:10:27,040
which pertains to section 7 section 13-7
fines are moved to resolution blah blah

930
01:10:24,400 --> 01:10:30,000
blah blah the section retains
misdemeanor character for now the

931
01:10:28,560 --> 01:10:35,360
committee should decide whether to
conform it to noncriminal treatment like

932
01:10:32,400 --> 01:10:39,840
a park like parking
or should we treat it as a misdemeanor

933
01:10:37,600 --> 01:10:44,880
retaining misdemeanor
character preserves maximum enforcement

934
01:10:42,159 --> 01:10:52,800
flexibility for repeated ATV operational
on city streets. So, do we want to keep

935
01:10:50,080 --> 01:10:59,239
it ATV operation on city streets as a
misdemeanor or do we want to treat it

936
01:10:55,120 --> 01:10:59,239
more like a parking offense?

937
01:10:59,840 --> 01:11:08,640
» What does state I can't remember what
state statute actually calls for in that

938
01:11:04,880 --> 01:11:12,640
instance. Let me find out real quick.
>> Okay. And while you're looking at that,

939
01:11:10,080 --> 01:11:17,520
just want to note metered parking
article which was adopted in 1956 and

940
01:11:15,280 --> 01:11:21,840
has to deal with penny nickel deposits
and the 25 cents violation

941
01:11:19,840 --> 01:11:26,159
» is repealed and then it basically that's
just reserved for a future paid parking

942
01:11:23,840 --> 01:11:27,679
program which is I think what we were
generally wanting.

943
01:11:27,120 --> 01:11:31,840
» Yeah.
>> Okay. Then note number six he's talking

944
01:11:30,159 --> 01:11:38,640
about
he there's two options here. He the way

945
01:11:34,719 --> 01:11:43,600
he has it written as presented,
it excludes

946
01:11:40,640 --> 01:11:48,000
pickup trucks, vans, and panel vans
>> so that they're not swept in because

947
01:11:45,920 --> 01:11:51,360
they can technically be like I like my
example that I gave last time. I think

948
01:11:49,520 --> 01:11:56,640
my truck technically is over 10,000
pounds. But he also calls out the fact

949
01:11:54,000 --> 01:12:00,640
that
it eliminates the ambiguity of having to

950
01:11:58,880 --> 01:12:06,080
weigh them because you can basically
just look at the sticker when when

951
01:12:03,440 --> 01:12:10,800
you're doing a stop because the sticker
that's on the vehicle

952
01:12:08,560 --> 01:12:15,520
» tells you the weights.
He's giving us an alternative

953
01:12:13,520 --> 01:12:23,360
which is the gross vehicle weighing over
26,01 pounds and three or more axles

954
01:12:20,800 --> 01:12:27,920
which tracks with
weight enforcement and commercial

955
01:12:24,800 --> 01:12:33,120
licenses and restricts only the heaviest
equipment. So, do we want to kind of go

956
01:12:31,199 --> 01:12:39,040
with the way he's presented it or do we
want to go with this 26,000 lb and three

957
01:12:37,520 --> 01:12:41,920
axles?
I'm kind of thinking we go with what

958
01:12:40,480 --> 01:12:45,199
he's presented.
>> I agree with that because it's already

959
01:12:43,520 --> 01:12:49,800
there. You got proof that
>> I agree.

960
01:12:46,800 --> 01:12:49,800
» Okay.

961
01:13:11,440 --> 01:13:16,560
All righty.
Were you able to find that? Councilman

962
01:13:15,280 --> 01:13:20,159
Skyers,
>> I found the statute. I'm looking for the

963
01:13:18,320 --> 01:13:23,159
penalty, the provision now.
>> Okay.

964
01:14:42,480 --> 01:14:46,760
Noncriminal [snorts] traffic infraction.

965
01:14:53,840 --> 01:15:03,760
So, I guess do we want to make it
criminal or just a civil infraction?

966
01:15:00,560 --> 01:15:08,159
» I see.
>> That's how we make it a misdemeanor.

967
01:15:06,000 --> 01:15:11,040
» That's what I was seeing. Mis
misdemeanor,

968
01:15:09,199 --> 01:15:16,280
» which is which is criminal.
>> Mhm. And that's the way it's written up

969
01:15:12,640 --> 01:15:16,280
currently, I believe.

970
01:15:18,000 --> 01:15:24,080
So, we'll just leave it as is.
>> Okay.

971
01:15:21,920 --> 01:15:30,400
» So, if y'all are good with it, do we
want to vote to advance this to the

972
01:15:27,280 --> 01:15:34,640
council or do we need an additional
review? Mr. Kobe,

973
01:15:33,280 --> 01:15:38,400
» we are good. We take it. We'll do like
we always do with all the other ones. We

974
01:15:36,560 --> 01:15:41,280
will take it to the council for a first
rendition, go over and then we'll bring

975
01:15:40,000 --> 01:15:43,520
it back for the first reading. So,
there'll be three times it'll come

976
01:15:42,640 --> 01:15:46,000
forth.
>> So, we need to do a motion.

977
01:15:44,719 --> 01:15:50,640
» Yes, sir. if you will.
>> So move motion to advance the chapter 13

978
01:15:49,520 --> 01:15:54,239
to the council.
>> Okay. Do I have a I have a motion? Do I

979
01:15:52,159 --> 01:15:57,679
have a second? I have a second.
>> I don't see anybody out in the public,

980
01:15:56,320 --> 01:16:01,760
but I do want to call for public
comment.

981
01:15:59,840 --> 01:16:04,880
» Seeing none, all those in favor of the
motion say I.

982
01:16:03,040 --> 01:16:09,280
» I. Eyes carry.
>> Unanimous.

983
01:16:06,400 --> 01:16:14,280
All right. We will move on to
>> 15.

984
01:16:10,719 --> 01:16:14,280
» Chapter 15.

985
01:16:23,199 --> 01:16:31,400
Jesse, he has the sidebar notes on this.
There it is. Thank you.

986
01:18:00,683 --> 01:18:02,703
» [snorts]

987
01:18:41,120 --> 01:18:44,520
» There's light.

988
01:20:30,680 --> 01:20:32,700
» [snorts]

989
01:21:55,176 --> 01:21:57,196
[snorts]

990
01:22:42,639 --> 01:22:50,440
» So I just I just caught the fact that
on section

991
01:22:50,800 --> 01:22:57,199
15-126 property owners prohibited from
renting real property to certain sexual

992
01:22:55,679 --> 01:23:04,480
offenders and sexual predators
penalties. Yep. So, it is up to the

993
01:23:01,120 --> 01:23:09,920
landlord to basically run a
check to see if they're a

994
01:23:07,199 --> 01:23:17,080
predator or offender.
And then it basically falls on them if

995
01:23:12,960 --> 01:23:17,080
they are renting to one.

996
01:23:23,520 --> 01:23:28,760
Hello. Hello. Welcome.
>> There he is.

997
01:23:33,040 --> 01:23:41,520
» We are on chapter 15.
Okay,

998
01:23:39,280 --> 01:23:44,080
» we were just absorbing your notes and
reading through the

999
01:23:42,400 --> 01:23:47,199
» I tried to I I probably was a little
more verbose, but I figured it'd be

1000
01:23:45,520 --> 01:23:53,920
easier if I didn't make it for y'all to
have some of those than not. Um,

1001
01:23:51,840 --> 01:23:58,719
» so I what I did just so you understand
on all of these is I took the ordinances

1002
01:23:56,800 --> 01:24:03,840
y'all talked about last time. I kind of
incorporated the notes and the

1003
01:24:00,719 --> 01:24:09,760
commentary. I tried to merge those as
best as I could. I also did a complete

1004
01:24:06,800 --> 01:24:16,560
top-down conflict check to try to clean
up a number of issues. Um so for

1005
01:24:13,760 --> 01:24:20,800
instance um you have some very recent
Supreme Court decisions that become

1006
01:24:19,280 --> 01:24:25,120
applicable
and that the attorney general of the

1007
01:24:22,800 --> 01:24:32,480
state even though typically 166 governs
us not 125 the language of 1250231

1008
01:24:30,639 --> 01:24:39,679
dealing with camping and parks and some
of those issues does actually

1009
01:24:36,560 --> 01:24:42,400
exist for us the way the AG's worded it
unless you have specific regulations to

1010
01:24:41,440 --> 01:24:47,040
the contrary.
So looking at the past decision and the

1011
01:24:45,280 --> 01:24:51,120
way that's been applied, I felt like
some of the overnight camping

1012
01:24:48,159 --> 01:24:56,639
regulations needed to be updated and had
to be considered um in this. So those

1013
01:24:54,880 --> 01:25:02,000
are some things that just popped out
there. Um basically, you know, that

1014
01:25:00,719 --> 01:25:08,560
statutory amendment that went into
effect in 24 post pass says local

1015
01:25:04,560 --> 01:25:12,239
governments are not authorized to make
public camping or sleeping on public

1016
01:25:10,719 --> 01:25:16,880
property
is not makes it illegal for you to do

1017
01:25:14,159 --> 01:25:21,360
so. And that has been held to apply
downstream to cities

1018
01:25:19,600 --> 01:25:25,440
um
despite the fact that we didn't

1019
01:25:22,719 --> 01:25:33,280
initially think it was, but it seems
that that was a very broad um position

1020
01:25:29,600 --> 01:25:41,840
the legislature took. Um and it actually
goes so far in 125. Um the language does

1021
01:25:38,320 --> 01:25:47,280
discuss that um
in the penalty section adds the phrase

1022
01:25:44,159 --> 01:25:52,000
municipality several times oddly enough.
>> So um that's what the AG has extended

1023
01:25:50,239 --> 01:25:57,120
and I I do think we have to consider
that. So um that's one of the biggest

1024
01:25:55,199 --> 01:26:03,920
changes you see from something we have
not talked about whatsoever in 15 was

1025
01:25:59,920 --> 01:26:07,199
this public parking issue. Um,
the whereas clauses, I'll tell you, and

1026
01:26:05,760 --> 01:26:11,760
I don't expect anybody to go through the
full adoption of these tonight and we

1027
01:26:09,760 --> 01:26:18,080
could talk about them, but the whereas
clauses are a little more detailed than

1028
01:26:15,040 --> 01:26:21,280
I would normally like in these. Um, and
oftentimes we skip through them because

1029
01:26:19,600 --> 01:26:27,679
they're really proforma and that's
normal. But specifically in this 15, for

1030
01:26:24,719 --> 01:26:32,639
instance, I provided some very detailed
language as the whereas to what we're

1031
01:26:29,679 --> 01:26:37,280
updating. So we have some obsolete and
superseded laws. Um the powerwork

1032
01:26:35,199 --> 01:26:42,960
section which is now under state law um
is governed. The pool room section from

1033
01:26:39,440 --> 01:26:49,199
1932 has been rendered obsolete by new
state law. Um we then had the um

1034
01:26:46,639 --> 01:26:53,440
language related to loudspeaker that was
from 1950. We've talked about sound

1035
01:26:50,960 --> 01:26:59,920
ordinances and noise ordinances quite a
bit. And then the 1974 flashing light

1036
01:26:56,320 --> 01:27:05,040
section um we adopted that in 74. So, I
went back and I spent a lot of time

1037
01:27:01,280 --> 01:27:10,719
looking at this. Um, the reality is we
did adopt that.

1038
01:27:07,360 --> 01:27:15,199
Um, we probably should not have adopted
in 74.

1039
01:27:12,560 --> 01:27:19,520
» Um, because we adopt it under authority
that would have existed preome rule and

1040
01:27:17,679 --> 01:27:25,760
73, of course, is in the legislature.
Fully codified home rule authority in

1041
01:27:22,400 --> 01:27:31,600
166's inclusionary language would not
have made it work. Um, so I referenced

1042
01:27:28,960 --> 01:27:36,000
the 2024 statute in the next whereas
that's the one that says that we may not

1043
01:27:33,520 --> 01:27:42,000
authorize or otherwise allow any person
to really engage in public camping

1044
01:27:38,320 --> 01:27:47,600
details that um then you have the city
of Grants pass case that I referenced

1045
01:27:44,080 --> 01:27:51,600
there. Um that the enforcement of a
generally applicable regulation of

1046
01:27:49,360 --> 01:27:57,199
public camping is not a violation of the
eth amendment. Um, I pulled all of fair

1047
01:27:55,760 --> 01:28:02,239
housing out of this. It's not an
offense. It's a civil remedy. It is now

1048
01:27:59,520 --> 01:28:06,639
your new chapter 19.
Um, which, um, doing the opposite of

1049
01:28:05,360 --> 01:28:12,159
what I've tried to do, which is
consolidate. 19 is reserved. It doesn't

1050
01:28:09,280 --> 01:28:16,080
exist. So, it's just a new one. Um, I
look very hard at putting in land

1051
01:28:13,760 --> 01:28:20,159
development code. There's some case law
elsewhere that indicates that that is

1052
01:28:18,560 --> 01:28:27,600
inconsistent
um, with federal law. So that's why we

1053
01:28:23,360 --> 01:28:32,880
did not do that. Um but we are doing a
very intentional

1054
01:28:29,679 --> 01:28:39,520
simultaneous repeal and relocate so that
we are never in violation of federal law

1055
01:28:34,639 --> 01:28:43,120
is the reason we've referenced it. Um
so some of the changes you know I

1056
01:28:41,360 --> 01:28:47,760
incorporated most of the changes there
posted time set by the city council

1057
01:28:45,679 --> 01:28:55,600
that'll be done by resolution. We
dropped the mayor um and let the manager

1058
01:28:51,920 --> 01:28:59,360
have the authority there. Um
I did delete the word telegraph replace

1059
01:28:57,840 --> 01:29:03,679
utility. I thought that was reasonable.
I think that's consistent with your

1060
01:29:00,639 --> 01:29:08,159
comments. Um I updated the camping on
public property just to comply with the

1061
01:29:05,199 --> 01:29:15,120
Florida law um because I thought that
section there reads more consistently

1062
01:29:10,080 --> 01:29:18,080
with it. Um I wildly amended 1512 just
so you know. I mean, I think when you

1063
01:29:17,040 --> 01:29:21,120
some of this stuff should be
self-explanatory, even though I didn't

1064
01:29:19,360 --> 01:29:25,440
give you a full red line because I do
have a redline version of this that I

1065
01:29:23,199 --> 01:29:30,560
spared Councilman Beerbomb, Kov, and
Sumi. Um, because when I pulled those up

1066
01:29:27,679 --> 01:29:34,480
in Word and Redline, the length is three
times as long per document. I didn't

1067
01:29:32,800 --> 01:29:37,920
think anybody wanted to print those. So,
I figured I would just give it this

1068
01:29:35,679 --> 01:29:43,520
version. So, for instance, under section
1512 abandoned property, Florida law

1069
01:29:41,199 --> 01:29:49,440
chapter 705 has been amended multiple
times. We used to reference just 70516

1070
01:29:47,520 --> 01:29:53,520
as that. We're just going to reference
chapter 705 in its entirety because it

1071
01:29:51,600 --> 01:30:01,440
now has actually built that out much
more and that is the better use of 1512.

1072
01:29:58,080 --> 01:30:06,080
Um we do need abandoned property law so
that Mr. W so that um Mr. Strong has the

1073
01:30:04,159 --> 01:30:10,080
ability to address this. I was called
Mr. Wallace. He throws something at me.

1074
01:30:08,159 --> 01:30:14,292
But um so that Mr. Strong here can
enforce it.

1075
01:30:10,719 --> 01:30:18,239
» He wishes he had those tattoos.
>> [laughter]

1076
01:30:15,120 --> 01:30:22,960
» I didn't say it. Throw it at him. Um
your What I will say is you look at your

1077
01:30:21,120 --> 01:30:26,880
19 language. [clears throat]
We probably could do this as a separate

1078
01:30:24,560 --> 01:30:34,480
ordinance. I think it's fine to make it
here. Um and we've done that. Um

1079
01:30:31,600 --> 01:30:39,360
everything else is just um conformity
issues. Um amendments

1080
01:30:37,360 --> 01:30:43,000
throughout there. Um I'm trying to see
if any of my notes

1081
01:30:45,679 --> 01:30:50,880
Yeah, I talked a lot about I I did a lot
more about camping than I ever thought I

1082
01:30:49,040 --> 01:30:55,120
would on this one. So, I apologize if
that feels like it dominated it, but

1083
01:30:53,199 --> 01:30:58,800
when I got into that grants pass case
and looking at that 24 amendment, I knew

1084
01:30:57,280 --> 01:31:01,280
it was going to be a big I knew it was
going to be something to deal with. I

1085
01:30:59,840 --> 01:31:06,480
didn't think it would be as big as I
expected. Um, I also noted we cleaned up

1086
01:31:03,840 --> 01:31:11,360
some 07 errors that had existed going
back almost 20 years now. So, this

1087
01:31:09,600 --> 01:31:17,840
incorporates all your changes. The
biggest thing I took um creative license

1088
01:31:14,080 --> 01:31:21,840
on was the camping to keep us lawful and
constitutional.

1089
01:31:20,320 --> 01:31:25,840
» Y'all want to take a look at that and
maybe um decide if there's anything we

1090
01:31:24,239 --> 01:31:29,679
need to come back let Chief Hurley weigh
in or does this feel consistent with

1091
01:31:28,400 --> 01:31:32,880
what y'all talked about at the last
meeting?

1092
01:31:31,040 --> 01:31:36,239
» I think it's consistent from what I've
seen.

1093
01:31:34,080 --> 01:31:42,320
» I Clay, I just wanted to kind of
reiterate um Oh, shoot. I had it.

1094
01:31:39,440 --> 01:31:42,320
Where'd it go?

1095
01:31:46,159 --> 01:31:52,679
This the section dealing was this the
section dealing with uh

1096
01:31:53,120 --> 01:31:56,000
landlords renting to
>> sex offenders.

1097
01:31:55,440 --> 01:32:01,199
» Sex offenders.
>> It was the last one

1098
01:31:58,000 --> 01:32:06,239
» before scr.
>> So has that always been the case?

1099
01:32:04,560 --> 01:32:13,360
» Pull that back up here. So you're
talking about down on page 13. No, hold

1100
01:32:10,719 --> 01:32:17,600
on.
>> I think it's right here.

1101
01:32:14,960 --> 01:32:20,000
» 15 15126
15126

1102
01:32:19,520 --> 01:32:24,480
» section.
>> Yeah. So, um that is how it has always

1103
01:32:23,360 --> 01:32:30,000
been in our code.
>> Okay.

1104
01:32:25,920 --> 01:32:33,920
» It's amended to read um
125 and then you're looking at B. Um

1105
01:32:32,560 --> 01:32:38,080
it's just clean up of those two
chapters.

1106
01:32:36,400 --> 01:32:41,520
» Okay. So literally the highlights and
strike through there or and for whatever

1107
01:32:40,239 --> 01:32:45,600
reason didn't come through in color I
guess when I sent it but

1108
01:32:44,000 --> 01:32:50,400
if y'all are didn't print in color. So
either way um those would be your

1109
01:32:47,840 --> 01:32:55,199
changes there is um it's scrier's error
correction is that subsection A had read

1110
01:32:53,280 --> 01:33:03,440
pursuant to a specific section of the
code um with the section number missing

1111
01:32:58,960 --> 01:33:08,800
um the reference has to apply to 15125
when I go back and read the old code.

1112
01:33:05,360 --> 01:33:14,000
So, we cleaned that up. Um, and then
subsection B referred to chapter 30 for

1113
01:33:11,440 --> 01:33:19,280
code enforcement, but 11 is our code
enforcement.

1114
01:33:16,239 --> 01:33:23,679
» And I have no idea why it said 30. It
never has been 30. It was never the

1115
01:33:20,719 --> 01:33:29,239
county's 30. It's not free's 30.
>> Um, I have no idea where 30 was. Um,

1116
01:33:29,600 --> 01:33:34,480
I was involved back then. I don't I was
the one who solely wrote it. I can tell

1117
01:33:33,120 --> 01:33:38,080
you we did get this from the League of
Cities when it was promulgated and we

1118
01:33:36,639 --> 01:33:42,320
had this is one of those examples where
a council member brought it to the dis

1119
01:33:39,760 --> 01:33:45,280
and we passed and tried to conform it as
quick as we could and that's probably

1120
01:33:43,600 --> 01:33:49,280
why we had a few section numbers left
out but that language has been in there

1121
01:33:46,880 --> 01:33:53,600
since 07
and it is a um and I would tell you I

1122
01:33:52,080 --> 01:33:58,000
think Chief Hurley and other law
enforcement officers would tell you um

1123
01:33:57,199 --> 01:34:03,760
» believe it
>> that it [clears throat] is one of those

1124
01:33:59,199 --> 01:34:10,400
things that Um,
the reality of that provision

1125
01:34:08,080 --> 01:34:13,920
is that that gives us much more
protection,

1126
01:34:12,080 --> 01:34:20,320
not because of the ability to penalize
someone, but because it allows

1127
01:34:18,639 --> 01:34:24,320
law enforcement when they come do their
sex offender checks to really point that

1128
01:34:22,159 --> 01:34:27,679
out to a landlord and let them know,
well, that is something you could be in

1129
01:34:25,840 --> 01:34:31,440
trouble for.
because we're greater than 2,000 ft. A

1130
01:34:30,080 --> 01:34:35,440
lot of them don't. A lot of them would
take federal assistance and think it's

1131
01:34:33,360 --> 01:34:39,280
just the 10,00 state statue to work
twice as much. They don't realize it.

1132
01:34:37,600 --> 01:34:42,880
You tell them that. They're very quick
to take care of that for them, which

1133
01:34:41,199 --> 01:34:46,080
gets those people out of those parts of
the community.

1134
01:34:43,600 --> 01:34:50,400
» Gotcha. And so every time we've looked
at that it has been and we actually

1135
01:34:48,320 --> 01:34:54,960
debated this and the reason I'm you know
able to call off the top of is because

1136
01:34:52,080 --> 01:34:58,560
our river7 guys because we adopted for
the first time this same ordinance in

1137
01:34:56,560 --> 01:35:02,880
Pakistan and that was a very big
discussion. So I in several well if I

1138
01:35:00,480 --> 01:35:07,600
get how do I know he said well the law
doesn't say this has nothing to do it is

1139
01:35:06,159 --> 01:35:10,800
with the knowledge that it will be used
as a permanent residence by any person

1140
01:35:09,280 --> 01:35:15,120
prohibited from establishing permanent
residence

1141
01:35:12,320 --> 01:35:19,440
that language when we created it was
made very clear we are not actually

1142
01:35:17,920 --> 01:35:22,560
going to stop somebody from letting it
be a short-term rental we're not

1143
01:35:21,440 --> 01:35:26,800
actually going to stop somebody from
doing it as a temporary run because you

1144
01:35:24,719 --> 01:35:31,440
can't do that you can't target temporary
housing needs to completely exclude from

1145
01:35:29,199 --> 01:35:34,960
your community. But if they know that
that person intends for that to be their

1146
01:35:33,040 --> 01:35:38,960
permanent residence, that's going to be
the issue. How do they know is the

1147
01:35:36,560 --> 01:35:42,400
question. Well, the moment sex offender
check comes around and says, "Hey, so

1148
01:35:40,639 --> 01:35:45,440
and so lives here. Do you know this is
where they report their permanent

1149
01:35:43,600 --> 01:35:50,480
residence?" To the sheriff's office,
FDLE, etc.,

1150
01:35:48,000 --> 01:35:55,880
now they know. And lo and behold, it
solves a lot of problems. Mhm.

1151
01:35:52,880 --> 01:35:55,880
» Especially

1152
01:35:56,000 --> 01:36:03,120
because of the declarations they have to
make under the Adam of Walsh Act, which

1153
01:35:59,600 --> 01:36:07,440
is the federal regulations on this. Um
there are some very stringent Walsh Act

1154
01:36:05,280 --> 01:36:12,080
provisions related to people receiving
federal assistance for housing.

1155
01:36:10,719 --> 01:36:15,679
And that doesn't just mean people going
through the local county HUD, but there

1156
01:36:13,600 --> 01:36:19,760
are other grants agreements and other
federal assistance programs that they

1157
01:36:17,760 --> 01:36:25,440
have to be mindful of. So that's why
it's always been there. Okay.

1158
01:36:22,639 --> 01:36:30,639
What's the what's the feeling of the
committee? Do we want to move this

1159
01:36:28,000 --> 01:36:36,800
forward to the council? Do we want to
let the chiefly weigh in on it?

1160
01:36:34,960 --> 01:36:41,360
» I'm I mean, I'm good with it. The way
that it's written,

1161
01:36:37,679 --> 01:36:46,400
» this did incorporate Hurley's comments.
>> Yeah. I mean I I I folded in everything

1162
01:36:44,000 --> 01:36:52,080
you gave me to the ex I will tell you
there I think across

1163
01:36:48,480 --> 01:36:56,560
13 15 and 20 there were about four or
five instances where I had a conflicting

1164
01:36:54,080 --> 01:37:02,000
comment and I just tried to read it to
create something that worked for both

1165
01:36:58,719 --> 01:37:04,800
rather than picking one or the other
move forward.

1166
01:37:02,639 --> 01:37:09,679
» All right second. I have a motion and a
second. I don't see anybody in the in

1167
01:37:07,119 --> 01:37:15,920
the uh audience for public comment but I
will call for public comment.

1168
01:37:12,960 --> 01:37:18,880
Seeing none, all those in favor say I.
I.

1169
01:37:16,880 --> 01:37:25,040
» Eyes carry unanimously. We will move
that to the city council. Thank you. And

1170
01:37:21,920 --> 01:37:28,800
now we will move on to chapter 20, the
police department.

1171
01:37:26,719 --> 01:37:34,880
» So once again, I'll tell you the wherees
here um

1172
01:37:31,360 --> 01:37:40,400
are fairly effective. Um but I tried to
give some language in this um

1173
01:37:38,880 --> 01:37:44,960
just to kind of explain what we're
doing. So your second whereas talks

1174
01:37:43,360 --> 01:37:49,199
about the fact that we have provisions
from 1970 and 1981 that were used to

1175
01:37:47,840 --> 01:37:54,000
create the chief law enforcement
official um and that that kind of

1176
01:37:52,239 --> 01:37:58,800
mutually works alongside the city
marshall. This now brings us consistent

1177
01:37:55,920 --> 01:38:03,920
with our charter is what we're doing. Um
section 20-3 deal police hiring

1178
01:38:01,440 --> 01:38:08,880
procedures that reference entities and
standards that simply do not exist and

1179
01:38:05,920 --> 01:38:14,080
frankly have not existed since 1981.
Um and the hiring certifications now

1180
01:38:11,040 --> 01:38:18,719
governed by state law. That changed. So
that the hiring certification goes back

1181
01:38:15,760 --> 01:38:23,960
to 1970 which is prehome.
>> So that's why that is a cleanup. Um

1182
01:38:24,719 --> 01:38:33,920
I believe article 2 of chapter 20
has been superseded by 705. Um which is

1183
01:38:32,239 --> 01:38:38,560
the again why I changed that other
section about abandoned property.

1184
01:38:36,400 --> 01:38:42,800
» Um
I will be candid. I don't believe and

1185
01:38:41,280 --> 01:38:48,199
James and I have talked about this. I
don't think that's what article 2

1186
01:38:43,920 --> 01:38:48,199
chapter 20 was ever meant to address.

1187
01:38:48,400 --> 01:38:53,840
But that's what it does [laughter]
address. So, um, unless he wants to come

1188
01:38:52,320 --> 01:38:58,560
in and talk about what to do to get rid
of evidence and things like that, I

1189
01:38:55,760 --> 01:39:01,679
think there's no reason to have it. Um,
I did not touch the impact fee

1190
01:39:00,239 --> 01:39:06,400
ordinance. I want to comment on that
because it's not in here at all. So, I

1191
01:39:04,080 --> 01:39:10,960
just want to comment on why
I've identified between seven and

1192
01:39:09,520 --> 01:39:16,159
probably nine because two of them
repaint looking at my notes here. Things

1193
01:39:13,280 --> 01:39:20,639
that definitively need to be updated in
that impact field.

1194
01:39:18,960 --> 01:39:25,520
The blunt problem we got is we haven't
updated that study in so long, guys,

1195
01:39:22,880 --> 01:39:29,119
that if I try to make substantive
material changes to that ordinance at

1196
01:39:27,360 --> 01:39:32,719
this point in time, we risk invalidating
the whole thing on its face,

1197
01:39:30,719 --> 01:39:37,920
» assuming it still is. So, we need to get
that cleaned up. This is not the

1198
01:39:34,719 --> 01:39:44,320
document to do it in. going top down
20-1. I mirrored all of the striketh

1199
01:39:40,560 --> 01:39:50,960
through and replaced verbatim
um what else was there um showing the

1200
01:39:47,520 --> 01:39:58,320
change to old ordinance 404. Um we
repealed 20-2 and 20-3.

1201
01:39:54,320 --> 01:40:04,560
Um at the end of the day that is covered
under 20-

1202
01:40:01,280 --> 01:40:09,520
one subd he shall hire competent and
qualified police officers as may be

1203
01:40:06,960 --> 01:40:14,239
provided for in the city budget. I don't
know how we can be any more generous to

1204
01:40:11,520 --> 01:40:17,600
him than that. And then in E suspend and
dismiss employees of the office of city

1205
01:40:15,840 --> 01:40:21,920
marshall for insubordination,
disobedience or misconduct or failure to

1206
01:40:19,520 --> 01:40:26,400
carry out assigned duties. I don't see
how we can be any more fair to the

1207
01:40:25,199 --> 01:40:31,239
marshall than giving him those
authorities.

1208
01:40:28,239 --> 01:40:31,239
Um,

1209
01:40:32,000 --> 01:40:39,280
we repealed the sections dealing with
disposition of unclaimed property. Um,

1210
01:40:37,280 --> 01:40:45,840
but I adopted the state law provision
directly. um and specifically included

1211
01:40:42,080 --> 01:40:48,960
705103 and 105 as the unclaimed evidence
because those would be the only two

1212
01:40:47,199 --> 01:40:54,239
things that he might have a separate
clause with than what was up in that

1213
01:40:50,960 --> 01:40:59,280
section above. So I built that out in
case he comes back and says, "Well, wait

1214
01:40:56,000 --> 01:41:03,520
a minute. What about lost and found?
What about unclaimed evidence?" Well,

1215
01:41:01,920 --> 01:41:10,320
chief, I built that in. Statute already
covers those as well. Um nothing in

1216
01:41:06,480 --> 01:41:15,280
article three changed. Um, and then I
continued reserving 20-51 through 102,

1217
01:41:13,920 --> 01:41:19,520
but I think this matches up to
everything he did without any real

1218
01:41:17,520 --> 01:41:24,639
change or problem. So,
>> not to uh I know we're all ready to go

1219
01:41:21,840 --> 01:41:28,800
home, but I did want to just ask much
like we did in the charter where we

1220
01:41:26,320 --> 01:41:33,440
strengthened and said that for the city
marshall he has to have standards.

1221
01:41:31,360 --> 01:41:38,960
Does the word hire, competent, and
qualified kind of mirror that same

1222
01:41:36,320 --> 01:41:42,320
thought process and in language? In
other words, I'd hate for him for

1223
01:41:40,719 --> 01:41:47,440
someone
well after James is not here and we're

1224
01:41:44,080 --> 01:41:53,119
all gone to say, "Well, in my book,
qualified is, you know, they held a

1225
01:41:49,360 --> 01:41:56,400
certificate in Bangladesh."
You know what I mean? Like,

1226
01:41:54,800 --> 01:42:01,920
» I'll let the chief speak to that. Every
time I've asked him about it, I think

1227
01:41:57,840 --> 01:42:06,480
the issue there was that the um
that the issue is that there was nothing

1228
01:42:03,920 --> 01:42:11,840
that required the city marshall to hold
an FDLE certification at all. So, we

1229
01:42:08,960 --> 01:42:15,920
added that language in. I've left hire
competent and qualified consistent with

1230
01:42:13,520 --> 01:42:20,320
his notes. I think his position would be
if I'm hiring an unsworn law enforcement

1231
01:42:17,760 --> 01:42:24,960
officer, that's a problem.
But at the end of the day, if he hires

1232
01:42:23,040 --> 01:42:29,679
somebody who's about to get standards or
transferring standards,

1233
01:42:27,199 --> 01:42:34,320
» he may want that opportunity.
So, what I would say is that's probably

1234
01:42:31,360 --> 01:42:38,719
a good thing for him to weigh in on um
if he still feels that way, but that was

1235
01:42:36,239 --> 01:42:41,520
his conversation with me after the last.
>> Okay.

1236
01:42:39,760 --> 01:42:46,239
» That this is not a situation where he
wants to be told what specific standard

1237
01:42:43,920 --> 01:42:48,800
he has to have somebody to have. I mean,
DLE's got to tell you, you got I mean,

1238
01:42:47,600 --> 01:42:53,360
you're not going to have a guy out there
operating a patrol carrying a badge and

1239
01:42:51,199 --> 01:42:57,280
a gun if they don't meet standards. So,
that is qualified by definition.

1240
01:42:55,440 --> 01:42:59,760
» Okay. We didn't have any of that for
student Marshall, though.

1241
01:42:58,320 --> 01:43:03,520
» It was just a big open gap,
>> right?

1242
01:43:01,520 --> 01:43:05,920
» Everybody good?
>> All right. What's the will of the the

1243
01:43:05,440 --> 01:43:09,040
committee?
>> Motion to advance.

1244
01:43:08,320 --> 01:43:13,040
» Second.
>> All right. Have a motion. Second. Again,

1245
01:43:10,880 --> 01:43:17,760
no one's in the public to call for
public comment, but I will call it out

1246
01:43:14,800 --> 01:43:20,560
anyway. Any public comment?
>> Seeing Seeing the chief's not here, can

1247
01:43:19,600 --> 01:43:23,040
I add some things in?
>> Yes, sir.

1248
01:43:21,040 --> 01:43:26,239
» I'm just kidding. [laughter]
>> I would have had a few things.

1249
01:43:24,239 --> 01:43:30,080
» If you have sent them to me, Co. Yes, we
could have snuck them in.

1250
01:43:28,719 --> 01:43:33,679
» I I hear the sirens now.
>> Yeah. Yeah, he's coming. [laughter] He's

1251
01:43:31,040 --> 01:43:38,719
watching. He's on there watching.
>> All right. I have a motion, a second.

1252
01:43:35,840 --> 01:43:42,159
All those in favor say I. I. Eyes carry
unanimously. All right. That moves to

1253
01:43:40,719 --> 01:43:45,920
the council.
>> 21. Super easy, guys. um to make it

1254
01:43:45,600 --> 01:43:50,480
quick.
>> I was about to say, where did it go?

1255
01:43:47,760 --> 01:43:56,320
» It's [laughter] just gone. Um so, in
looking at what I could find, um I got

1256
01:43:53,840 --> 01:43:59,600
sidetracked. Um
>> did I

1257
01:43:57,280 --> 01:44:03,119
» I I was pretty confidently Exactly.
Thank you. Somebody picked up on that.

1258
01:44:01,567 --> 01:44:07,440
[laughter] You know, I was waiting for
that. I was I wonder how far down the

1259
01:44:05,920 --> 01:44:11,920
line I was get hobo jokes before
somebody picked up on [laughter] what I

1260
01:44:08,480 --> 01:44:16,800
was going with. So, we've known that we
had the Interstate Commerce Commission

1261
01:44:13,760 --> 01:44:21,600
Termination Act of 95 that basically
created the Surface Transportation Board

1262
01:44:18,560 --> 01:44:25,440
and preempt local regulation. We kept
this into effect because we didn't ever

1263
01:44:23,040 --> 01:44:28,960
say we were regulating rail carriers.
Um,

1264
01:44:27,199 --> 01:44:34,480
but there have been some decisions in
the last four or five years, notably out

1265
01:44:31,920 --> 01:44:40,239
of Ohio and Indiana, that were appealed
under to federal courts that determined

1266
01:44:37,920 --> 01:44:45,199
that the Federal Railroad Safety Act
read in conjunction with that created a

1267
01:44:43,199 --> 01:44:50,639
situation where local statutes and
ordinances talking about the amount of

1268
01:44:47,440 --> 01:44:56,320
time a train may occupy their crossings
or otherwise standing or staging of that

1269
01:44:53,920 --> 01:44:59,760
were preempted under federal law.
Florida has never ruled on this. There

1270
01:44:58,000 --> 01:45:04,400
is not a case in the state of Florida
that's ruled on this. However, I would

1271
01:45:02,320 --> 01:45:08,239
tell you given the overwhelming federal
authority here, I tend to believe that

1272
01:45:07,199 --> 01:45:12,080
it would be appropriate for the council
to find them to be uninforceable as a

1273
01:45:09,760 --> 01:45:15,360
matter of federal preeemption and that
the continued codification of

1274
01:45:13,440 --> 01:45:19,679
uninforceable provisions is not in the
public interest. Therefore, repeal it

1275
01:45:17,440 --> 01:45:24,560
all and let the federal law govern it
and we'll call in complaints as we can.

1276
01:45:22,159 --> 01:45:28,560
Okay.
>> By the way, nothing stops us from having

1277
01:45:27,119 --> 01:45:31,280
James go out there and say there's a
public safety hazard and try to get them

1278
01:45:30,080 --> 01:45:35,600
to move.
>> That's your better option. Honestly,

1279
01:45:34,320 --> 01:45:38,880
» they're going to do what they want to do
either way it goes when it comes to them

1280
01:45:37,440 --> 01:45:43,520
from what I've experienced.
>> Yeah. And in fact, in fact, the Indiana

1281
01:45:40,960 --> 01:45:47,440
law, say Indiana, it's late. It may have
been I'm pretty sure it's the Indiana

1282
01:45:45,280 --> 01:45:51,920
one. literally vested the authority of
the local sheriff [clears throat]

1283
01:45:49,119 --> 01:45:56,239
» and they found that was unconstitutional
and took it all the way to the circuit,

1284
01:45:53,920 --> 01:45:59,119
the federal circuit on the US Supreme
Court. So to me, I was like, you know

1285
01:45:58,000 --> 01:46:02,960
what? I was going to try to clean this
up, but let's repeal it.

1286
01:46:01,280 --> 01:46:05,280
» So if y'all vote to pass it on, I'd like
it.

1287
01:46:03,679 --> 01:46:07,760
» Motion
second.

1288
01:46:06,080 --> 01:46:11,040
» Motion and second. There's no one in the
audience for public comment. All those

1289
01:46:09,760 --> 01:46:15,040
in favor say I.
>> I. Eyes carry unanimously. And I and

1290
01:46:13,440 --> 01:46:19,920
I'll let you go home, but I will say
this. This is what I appreciate the

1291
01:46:17,360 --> 01:46:23,600
committee for because that's a section
of the code that I think I actually told

1292
01:46:21,600 --> 01:46:27,360
you when we started this. We're going to
have to do something with,

1293
01:46:25,760 --> 01:46:31,520
but
the council's never asked me to. So,

1294
01:46:29,119 --> 01:46:34,639
it's not we're not enforcing it. We're
not applying it. So, we're not violating

1295
01:46:33,520 --> 01:46:38,560
federal law.
>> But leaving it on the books

1296
01:46:36,880 --> 01:46:42,000
» creates a chance to do in future. Well,
I can't tell you to take it off the

1297
01:46:39,840 --> 01:46:47,199
books if you're not enforcing it.
>> Yeah. So this is a good this was good

1298
01:46:44,639 --> 01:46:51,679
governance at work.
So we made some substantial work.

1299
01:46:49,040 --> 01:46:54,719
» Yes. Thank you very much. All right.
>> So we just take it and ask to be

1300
01:46:53,040 --> 01:46:56,719
repealed and bring back ordinances for
that.

1301
01:46:54,960 --> 01:47:00,080
» We have all the all all the
>> I'm just talking about that particular

1302
01:46:57,679 --> 01:47:02,400
one though. I never we never been. We
repealed one. So it's process to repeal

1303
01:47:01,840 --> 01:47:05,280
one.
>> That's Yeah. You adopt that ordinance

1304
01:47:03,760 --> 01:47:08,239
that you adopt an ordinance repealing
the ordinance.

1305
01:47:06,239 --> 01:47:11,600
» We actually repeal a lot of ordinances.
It's just in the title.

1306
01:47:09,360 --> 01:47:14,719
» Yeah. I repeal a lot of things.
Completely inconsistent.

1307
01:47:12,560 --> 01:47:17,119
» I see now. [laughter]
>> Yep.

1308
01:47:15,760 --> 01:47:19,920
» You can only repeal an ordinance through
an ordinance.

1309
01:47:19,040 --> 01:47:25,920
» More paperwork.
>> So, we're at N. What number are we at,

1310
01:47:21,520 --> 01:47:32,800
Kobe? 993. Where are we at? 993 994.
>> Um, it should be I think 997, 998, 999

1311
01:47:31,199 --> 01:47:36,800
» probably. So, you got to start thinking
about what ordinance 1000's going to be.

1312
01:47:34,560 --> 01:47:39,520
» Oh, man. Oh, man. No, [clears throat] I
don't know that we're that high up

1313
01:47:37,920 --> 01:47:41,679
because master services ordinance was
993.

1314
01:47:40,560 --> 01:47:43,760
» Yeah, master service.
>> I don't know that we've done three since

1315
01:47:42,880 --> 01:47:46,159
then.
>> We'll figure it out.

1316
01:47:44,480 --> 01:47:47,840
» Wallace has Wallace just put two or
three.

1317
01:47:46,880 --> 01:47:49,760
» That's right. Sec.
>> Oh, yeah.

1318
01:47:48,400 --> 01:47:52,784
» Okay. I forget about those. I don't
qualify those. We

1319
01:47:51,520 --> 01:47:55,199
» I won't name the former council
[clears throat] member who's well before

1320
01:47:53,760 --> 01:48:01,520
all your time. There's former council
members like we better not let one of

1321
01:47:57,920 --> 01:48:05,119
these land use zoning map changes be
ordinance. I forget it was always like

1322
01:48:03,199 --> 01:48:08,559
750 or I was like don't let the good
numbers go to those [laughter]

1323
01:48:09,119 --> 01:48:14,399
and [snorts] I've always thought about
that. So 10,000's a big number. So we

1324
01:48:12,960 --> 01:48:15,119
need to be clear on where we are.
[laughter]

1325
01:48:14,560 --> 01:48:18,560
» Yeah.
>> But literally that is or that will be

1326
01:48:17,119 --> 01:48:21,600
this committee will likely pass
ordinance 1000

1327
01:48:20,000 --> 01:48:24,800
» of the city of Func Springs.
>> Wow.

1328
01:48:21,840 --> 01:48:30,480
» Wow.
>> All right. Does anybody have anything on

1329
01:48:27,520 --> 01:48:36,719
agenda item 3A, the priority list or the
tracking sheet?

1330
01:48:33,280 --> 01:48:40,960
We'll go rapid fire hearing none. Again,
call for citizens comments, but there is

1331
01:48:38,639 --> 01:48:46,119
nobody in the audience. So, with that,
we will call this meeting adjourned.

1332
01:48:42,800 --> 01:48:46,119
Thank you everyone.

1333
01:48:46,239 --> 01:48:50,400
You're ruining
>> the dough.