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Miami City Council

๐Ÿ“… Sep 19, 2017 | Clip #135
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[00:00] We will now move into the City Council meeting for today's day and time called order item 2.
[00:09] As public input and then schedule personal appearances.
[00:11] The only answer was to adjust the council on any of the agenda items.
[00:15] It would be 9 out of 3 is consent agenda staff is recommending items 4 and 5 which is again claims and minutes for the council.
[00:25] There are no questions.
[00:26] We have a motion to approve.
[00:29] And the second.
[00:30] Second.
[00:31] John.
[00:32] Johnson.
[00:33] Lewis.
[00:36] Forester.
[00:37] Sure.
[00:38] Item 6 is presentation of Restoration Award through the Coleman Theatre from Grand Gateway.
[00:43] Mr. Panamaki and I, Tammy.
[00:46] Good. Thank you.
[00:47] Thank you for having me here this evening.
[00:49] It is a lot of pleasure.
[00:50] On behalf of the U.S.
[00:53] Pressure Department of the Department of Administration through the ACW,
[01:00] The assembled G.z.
[01:01] To have a Coleman honour as one of their star of the site.
[01:05] The projects.
[01:07] The project as you well know was 28 years in the making.
[01:10] There were a lot of people when I would be missed.
[01:12] I started to be in all of them on the side of the building.
[01:15] That came the student country for the citizens of the city of Manila and for all of the other
[01:24] cany and parts even further than that.
[01:28] So it's with my pleasure, sir.
[01:30] Okay.
[01:31] We're going to present this to you, the mayor.
[01:40] Jim.
[01:41] And something for you to hang?
[01:43] Well, we also have the Chairman of the Friends of the Coleman here too.
[01:47] Ha ha.
[01:48] I'm there.
[01:49] Well, really this award, I mean, it goes to, as you said, a lot of people that are with
[01:56] us anymore, and a lot of people that are still here in the community, but the Friends of
[02:00] the Coleman passed in President War, a very big part of making this happen.
[02:05] So, a big thank you to them.
[02:07] I know it says the city of Manila, but big thank you to the Friends of the Coleman also.
[02:12] Okay.
[02:13] Item 7 is a main contract with cost-link construction, a construction manager at Wisk for
[02:22] the Civic Center renovation construction project established the guaranteed maximum price
[02:27] ideal.
[02:28] Okay.
[02:29] Currently, the demo inside is complete, we do have some demo left on the roof as it
[02:40] is not sorry, the other roof project.
[02:42] Fringling is nearly complete because I got to begin this week regarding the roofing, more
[02:48] expecting 7 semi-trailer loads of materials to kind of provide.
[02:51] We will be staging in the northeastern of the South Parking Lot and logging out that first
[02:57] north entrance.
[02:58] But the South entrance will still be.
[03:00] accessible to staff and the public.
[03:04] We're also, as part of our executive,
[03:09] the webinar right next week.
[03:11] And in later this week, we're going to be selecting
[03:13] our architect, selecting some finishes.
[03:15] We'll work that together.
[03:16] Stay on the worse, the target, the counter job.
[03:20] And then, I'm not initially a related project,
[03:25] but it does affect the flow of this building.
[03:28] And in the next month, they have, you guys,
[03:32] the council approved a contract with him later.
[03:35] Earlier this year, I think it was a first of June.
[03:38] And they were working with the schools,
[03:41] and it just finished up with the schools.
[03:43] So now they're ready to start our project.
[03:45] We're waiting on bonds.
[03:46] So the day we get those is the day that we start.
[03:49] That project is reinstalling the stairs.
[03:52] They give them the banquet room, too.
[03:53] They're a parking lot there with fifth and new.
[03:56] And it's also to make some ADA improvements
[03:59] to the concrete from the utility office,
[04:01] all the way west to the west parking lot.
[04:04] And that should take, we're guessing 90 days or less,
[04:09] but they have them three days, so there's a higher issue.
[04:13] That's the update.
[04:14] I can try to answer some questions.
[04:16] Do you want to ask any questions?
[04:17] I'm just curious if there's anything that materials that we don't have yet.
[04:23] It might be in the path that Hurricane coming in Florida.
[04:26] Yeah, that's a good question.
[04:28] And they said that materials are all worked.
[04:32] But we're home work doing this.
[04:34] They should be in transition.
[04:36] We're in transit to hear everything that we need to hold that.
[04:39] So we're still.
[04:40] I know they've got a big need in.
[04:42] Oh yeah.
[04:43] So I know the domains there.
[04:45] Yes.
[04:46] We're going to talk about it a little bit later in the meeting.
[04:49] I've asked Tyler to do this, but that's one of the hold-ups right now
[04:52] on replacing the traffic signals at B.J. Tunnel and Maine.
[04:57] Because those aren't stock items.
[05:01] Number one.
[05:02] And then number two is they come from the Houston area.
[05:05] And now all the things that have been damaged are being replaced.
[05:08] So we'll give you a little more detail about some of our plans on that.
[05:12] We're experiencing it in that area, Doug.
[05:15] Would you make sure that something about that gets in the paper, too?
[05:18] Because I've had several people ask me if there's a lot still to link in.
[05:21] Yeah.
[05:22] I kind of wanted myself to look at me too.
[05:27] Okay.
[05:32] So we're going to use this actual gym item.
[05:35] In the original contract that the council signed with Crosse and Aslox,
[05:40] CNAR, construction manager.
[05:42] There's Article 2.2 stated that following the acceptance of the Guarantee Maximum Prize,
[05:49] which you all people did a lot of a month ago,
[05:51] the owner and construction manager shall execute the exact amount of the price and management.
[05:56] I'm ending this agreement and then we'll supply a copy to our architect.
[05:59] So we'll do that.
[06:00] It just has to be better, we're actually
[06:01] ending our contract with cross one, two,
[06:03] including the actual G&B, which is 1.9 million,
[06:07] 5.4,000 per 1.9, 54, 367.
[06:14] And it's just what we said we were going to do.
[06:17] So dear, we had the original contract in America,
[06:19] the number in there was kind of a placeholder
[06:22] that was no number at all.
[06:24] Knowing all of all, we were going to come back
[06:25] and plug in the number, which we did last month,
[06:27] and now we just need to plug a lot of stuff.
[06:31] Any question going in there?
[06:34] Do we have a motion to approve?
[06:36] So moved.
[06:37] Second? Second.
[06:39] Go call please?
[06:39] With I, Weston, Forester, Johnson.
[06:43] All right, thanks, Jill.
[06:45] I had a made-off-right city manager to approve
[06:47] change orders to the Civic Center renovation construction
[06:50] of the hard day, as long as they do not exceed,
[06:57] increase the council approve, again, and take maximum price.
[06:59] And that's start wearing my glasses.
[07:01] I lost my glasses, so I guess I have these leaders.
[07:06] Anyway, so questions or being that huge,
[07:09] those names next to it, if you want to talk about that at all,
[07:12] or well, it's pretty simple, I think, from time to time,
[07:17] as we go through these proceedings of the renovation,
[07:20] there's going to be a need for certain decisions to be made,
[07:25] which it would not be time or cost-effective to come
[07:30] to the council to have every one of these names.
[07:34] And as long as they're not going to increase the cost,
[07:37] the idea is for you to authorize the city manager
[07:42] to be able to make those decisions so that we can keep things moving
[07:46] in this renovation process.
[07:49] So I'll kind of liken it to the stadium project.
[07:52] They would use the term value engineering,
[07:55] but there were times when we had that fixed cost,
[07:57] and this was across and also, the changes were necessary.
[08:02] And if the price over here went up, then we said,
[08:05] okay, you go back to drawing board and figure out
[08:07] where you can save some money over here.
[08:09] So the total project price did increase at all,
[08:12] but we had to make changes.
[08:14] And I'm certainly comfortable with that again.
[08:17] I don't think if there were anything that was really significant
[08:22] that we would want to know about it.
[08:24] I don't know that we can really establish a dollar threshold,
[08:27] but I just think we want to be in the loop
[08:29] if there's anything that's significant.
[08:32] Yeah, as a prime example, just recently,
[08:35] we've had an issue of a couple of mis-measurements
[08:39] that were done by our architectural firm.
[08:41] And they are correcting it and they accepted it.
[08:45] So that might have a little bit of a change order in relationship
[08:48] to it, but actually would be a decrease in cost of the city.
[08:51] So it not all change orders mean there are increases.
[08:54] So I think that needs to be for the record.
[08:57] But I agree with the measures.
[09:00] if you're saying it's significant, so sure.
[09:01] I feel pretty comfortable that you're reach out and you can let us know, right?
[09:07] So, in the other questions are concerns, we have a second.
[09:13] Second, roll call, please.
[09:15] Johnson, forster, western, Lewis, I chose.
[09:20] I am not in discussion if the polls changes to municipal court, fine, schedule, and then
[09:27] they'll know on about eight or nine items following that, that are, I guess, the most specific
[09:33] carrying is that.
[09:34] Well, the eight or nine that follow are going to be bends, and you might remember in our last
[09:39] study session, we were talking about some potential changes that are coming up.
[09:43] Carry contacted me when we put this agenda together.
[09:46] She basically, I'm ready to continue talking about some of these to get into place.
[09:50] So, carry a checker here, and I'm going to let carry, take it from here, and then bend
[09:54] and we'll handle those other items that relate to those two state questions, 780 and 781,
[10:00] and Ben will explain this.
[10:01] Carry before you start, Mickey, you have a specific question, you want?
[10:05] I came in late to our study session last time, and on the avoiding the road block, feathered
[10:13] to stop at road block.
[10:15] I know there was something that was not driving around a road block.
[10:19] Could you give me more detail on that?
[10:21] Because I was either likened, misted, or...
[10:23] I'm not sure if you can write that, if you wish, you know, somebody runs a road block, but nine
[10:30] times out of 10, what happens since someone runs a road block, they might have to throw in you.
[10:35] Usually, if we get to take it that someone is avoiding a road block, it's because we drove through
[10:39] the Taco Bell parking lot because they didn't want that.
[10:42] So, where is it on, which, what is the, what is the ordinance for driving through a
[10:49] road, standing in the water, when you go around a road block?
[10:52] That is the avoiding the work of safety zone, the violating the work of safety zone, it is, unfortunately,
[11:00] to rent your driving ordinance on the side.
[11:03] And that is a five hundred dollar.
[11:11] I just know when people do that, they put our people, our fire department, our police department,
[11:17] our first responders at risk, and I knew there was something there, and I mean, I mean,
[11:25] I thought pretty sure it wasn't the avoiding the road block that I knew there was something there.
[11:32] Right, yeah.
[11:33] I feel like you're just stop at road block.
[11:34] That's like, if you're just stop at a road block, it's like trying to, like, miss a red light and
[11:38] go in through a parking lot at Walgreens, maybe.
[11:40] Maybe it's more like if they have one of you, I check stop on, like, okay.
[11:44] Okay.
[11:45] I think the guy would record that, because I was using one set there at the block.
[11:49] Okay, stop.
[11:50] That's essentially what I'm here for tonight, because I just got this list that I'm off of
[11:55] and it's a lot of information, and so I wanted to give you a chance.
[12:00] to look at over and get high questions with that,
[12:02] and to search, to get high suggestions,
[12:04] they need to go through things and not read the things
[12:06] something is too much.
[12:08] That's what we want to do.
[12:09] Kerry's or anything that you and working with Chuck
[12:11] are others to have it modified since we discuss this
[12:14] a certain month ago.
[12:16] Okay.
[12:17] I guess my question is, why do you reevaluate it
[12:22] and take them down?
[12:23] Is it because you felt like we're just too hard on the funds?
[12:27] It's the majority of the ones that can't get up.
[12:30] Can't get up because our Lord,
[12:33] city wanted to just set up so that there was not
[12:35] a specific fine attached to something
[12:38] when the ordinance was going to place the default
[12:40] of this library of dollars.
[12:42] So we had a number of things like the district's walking
[12:46] outside the crosswalk, or basically equipment
[12:50] that didn't have a fine amount attached to it.
[12:52] And so people are getting this ticket
[12:55] and 500 dollar fine attached to it.
[12:56] And trust me, they're not having that.
[12:59] Yeah, that's a B-bit Chuck Actress.
[13:01] Charges of that when it comes to court because it doesn't.
[13:04] But basically what we're doing was going to fill me in and sign,
[13:07] okay, the cleaning tax sign that the map is
[13:09] and not just let that be all the way down there.
[13:13] Kerry did the $500 was that also a trigger
[13:16] that had something to do with district court
[13:17] that was an unrelated thing.
[13:19] I remember there was an issue about that.
[13:21] But the original reason that 500 dollars was
[13:23] put in there is at the time that that ordinance was written.
[13:26] 500 dollars was the cap on any kind of traffic
[13:28] related issue.
[13:29] The cap now is set number 50.
[13:31] However, there is the fact that once you pass that $500 per show
[13:36] of on any sign, we are required to give them
[13:40] the district court.
[13:41] An option for a jury trial, right?
[13:43] We have to give the jury trial unless they
[13:45] wait and rise.
[13:49] So now you're talking about some significant money
[13:52] in time out by and that sort of thing.
[13:55] So we kind of tried.
[13:56] So it was the default, but it was also a trigger for a jury trial.
[14:00] I think, okay.
[14:03] Any other questions or concerns?
[14:07] I have a lot to do with the rule.
[14:08] We've got it.
[14:09] You're okay.
[14:10] I have to be a friend that I'm talking about.
[14:12] You're fine.
[14:13] I have a little bit of texting, but is that the only one
[14:15] that's mandated by the state of the day?
[14:16] There you go.
[14:18] I see that.
[14:19] There's a 20-hour ticket thousand and a big one today.
[14:21] So it's texting, well, the duty of the notion
[14:23] that's a hundred dollars.
[14:24] And those are the rule that states of the evening,
[14:26] which are the rule for me.
[14:28] Is the texting a moving violation?
[14:30] Yes.
[14:31] It goes into the state.
[14:32] It does not go under the record, but they track it.
[14:35] It just like C.C.L. C.L.C.L. was in the state
[14:37] and you won't see it under the record.
[14:42] Now you have phone calls sometimes.
[14:44] Where it's I'm driving now.
[14:45] I'm not texting, but I'm talking.
[14:47] Is that going to fall under the same?
[14:49] Ha ha ha ha ha ha ha ha ha ha ha ha ha ha
[14:51] If you have a C.C.L., yeah, it can.
[14:56] Right now, I believe the way that's
[14:58] accepted is ready.
[14:59] It's just strictly.
[15:00] texting. So it's the office search judgment call, what you're actually
[15:04] you know what I'm saying. You know what I'm saying? You're right here with that because
[15:08] the officer all you can see is that you've got that funny in your hand. And oh yes it's really
[15:13] not what you're doing. Actually we don't really get that many texting violations. So I'm
[15:21] going to be a hidden based on the few we get that the officers really have to be pretty
[15:27] sure that they're texting before they're right. There's a significant and
[15:32] force my problem.
[15:53] Well my personal experience kind of like duh, does I make it the green button?
[15:58] To put it on speaker and listen to it, but if I'm talking to you, I'm talking to you. I'm
[16:02] touching my phone. He wouldn't know. I've thought about that with all of that.
[16:16] Well I think we all support the spirit of it because you've taken figure out a way
[16:20] to pop the link. You see what's important if you have a CDL. What do you mean by that?
[16:24] If you're driving in a conversion motor vehicle and you have a CDL, the state is a real
[16:29] more picky about that texting or using it. Actually I think it's legal as using a
[16:36] handheld device bomb or anything like a commercial motor vehicle. So it's written just a little bit
[16:41] differently. So there's two different standards levels on the state statute part of it.
[16:47] Okay. I've got an animal control question and I'll try to answer that one.
[16:55] This is not going to be easy, but I know it says a vicious dog. Okay. I'll give you scenario.
[17:02] My neighbor had their fluffy dog lady and next to him was the man with the rot
[17:10] wire and the rot wire would grow. Anybody that came home growled at me and the
[17:19] neighbor's dog was on the leash to rot wire and broke the leash when overkilled it.
[17:24] There again, how do you determine if it's a vicious dog without you know, it's too late now.
[17:32] Generally the officers won't ride a vicious animal charge unless a person or an animal has been
[17:40] been broken. That's the criteria for riding the tickets. If it got one of my grandkids,
[17:48] I've probably been seeing the cheap.
[17:50] That's what they ride the ticket and then it comes to court.
[17:54] The check does he has a dress and depending on if on the situation, if it's severe enough,
[17:58] he might order the dog with it.
[18:00] It's a first time issue and we haven't had prior issues with the dog in the morning
[18:06] that this is your only opportunity to pick it up as again I am before or the dog is so
[18:10] So he has the option to do that. Okay, should we call if it and it usually the dog was placed outside after hours after the animal control had gotten off
[18:23] You know who I'm talking to
[18:30] One other thing I want to mention
[18:32] You know, we're talking about fines and all that then and I think that's kind of getting up to say something
[18:38] It's currently working on another aspect of all these changes
[18:42] We're going to be looking at our animal control organs and a lot of that will deal with vicious animals
[18:48] How many animals people have things such as that? So that's kind of like a whole different subject is coming your way
[18:55] Absolutely, I agree. You know, it's too late then and
[19:09] Anyway, I'd like to ask a question
[19:12] Any other questions for caring?
[19:16] I'd like to say that you will see this again probably a fairly soon coming you know, maybe our first meeting in October
[19:23] But it will be an item then the last thing to do up the change actually
[19:28] So you could still ask questions at that time, but then we'll have an item on there asking you to agree
[19:54] Or you want to be able to click on the phone
[19:57] And so I think you're interested in a great job going through the front of the institutions about having this policy and how to be registered
[20:07] It's a pretty fair amount of things
[20:10] There's always had to be, you know, really, I do. I have the ability to be in certain circumstances
[20:16] Cut to find out what it can is as high as it is if you want it
[20:19] So you have to be with it
[20:22] If somebody comes up with something, they question that out of the center of that for a suggestion for you
[20:29] I was calling you the word before we actually get to the adoption
[20:34] I think I have to try to get to a lawyer question
[20:37] All right, thank you
[20:39] Thank you, thanks for all the hard work
[20:44] Item 10
[20:45] Through 50 bin
[20:47] I'll show you star with 10 coordinates
[20:50] 2007 dash 10
[20:51] I'm not going to read the whole thing, but it deals with sending them out of general penalties for criminal violations
[21:00] So, one of the things that I was tasked with was bringing our ordinances into compliance
[21:08] or to match up with what the state did when the voters approved, State Question 7-8.
[21:16] And that basically is what I don't live in the through 17 days.
[21:21] But item 10, in looking at that item, a gen item 10, is our general statute that sits out the parameters
[21:32] of what the offenses could potentially carry.
[21:36] And following on the other conversation about why we set the cap at 500 from what I gathered
[21:45] at the planning meeting, is that was kind of the feeling of the counsel that that's what we wanted to do.
[21:54] So, that's what we're addressing in item number 10, we're reducing the maximum fine from $800 to $500.
[22:04] And that, in essence, is the main thing that we're accomplishing there.
[22:09] Should be let me ask, I understand there were really two parts of the $500, when Kerry was talking about it.
[22:18] But she said, one of them, the state has raised to $700 to $750.
[22:24] The trigger for the jury trial is it still $500 at that number remaining the same.
[22:31] So, we're predicating this on that number still.
[22:36] You know, it's a slippery slope to say that that's what is guiding this exclusively.
[22:46] But it does play a part in reducing the maximum fine to $500.
[22:54] And in the state language, it has a fine in excess of $500.
[22:59] So, it could $500 and one penny then triggers the right to a jury.
[23:05] Now, let me, of course, state that, obviously, the judge doesn't have to go up to $500.
[23:13] And in any individual ordinance that's outlining what is going to be a crime in the city of Miami, we can set a particular punishment there.
[23:26] This ordinance applies when there is not a specific punishment set out with a particular crime.
[23:36] And you'll see from all of these others that we're going to look at that they all do have a specified.
[23:43] So, you've tried to deal with the most frequently occurring situations, but there's something kind of out of the ordinary.
[23:49] And this is the default. That would be the defect.
[23:52] Right.
[23:56] And we have everything you can see.
[24:00] So if you can have that, they are all going to have to find it out.
[24:04] But there will be a catch and we're going to point it to you.
[24:07] Something that's written in the state statute that we're going to address in this case.
[24:11] There's won't be able to find a catch.
[24:13] Right.
[24:14] But the problem is, is that our general ordinance set it at 500 or 800%.
[24:20] And so that, even though that's not necessarily what we have in our bonding schedule, that's
[24:27] the other issue is texting didn't exist 10 years ago.
[24:30] Right.
[24:31] And so something else, 10 years from now, will maybe an issue that we're not looking
[24:36] about today.
[24:37] Right.
[24:38] So that is the essence of the agenda item number 10.
[24:44] The others all stand from 780.
[24:48] So for instance, in the agenda item 11,
[24:58] we're matching our ordinance up with what state question 780.
[25:04] 780 addressed several different areas of crimes.
[25:11] There are two that we're addressing here because we, they weren't actually 780 questions.
[25:21] But the question was raised because of 780.
[25:25] And there are fences that we have prosecuted in the past, as I understand it,
[25:32] but we actually don't have an ordinance on it.
[25:35] So we were kind of fudging perhaps on the ordinances.
[25:40] So basically all of the rest of these are to match our ordinance with the current language of state law.
[25:49] With the exception of the punishment, with the punishment being said that a maximum of $500
[25:55] and no possibility of jail time for the effects.
[25:59] Because if you have either one of those, then it causes the other problems that we're trying to avoid.
[26:07] And as we discussed a little bit last time, without reading and finding a specific example here,
[26:13] but if there is a violation that the judge or, I'm not sure if it would necessarily have to be the judge,
[26:24] but staff determines we want the district court to handle that that can happen.
[26:32] That is always the discretion that the police department has.
[26:36] And obviously on the more serious crimes, those all go to the district court.
[26:44] So we're not required to, if there's a file that, or we're not required to prosecute them in city court.
[26:52] I mean, a typical example is a public inbox.
[26:57] Those are typically tried.
[27:00] addressed in city court, but when you have a repeat offender, you know, the pre-complired
[27:07] miles person, those often go to the district court.
[27:13] So continuing on on agenda item 13, that is a new municipal ordinance, but basically we're adopting
[27:32] the state statute, and that's, I think, where it typically is going to happen, somebody walks
[27:38] a ticket at a restaurant, that's essentially what it's aimed at, and then similarly agenda item
[27:49] 15 is also a new municipal ordinance, again, matching the state statute, and that's something
[27:59] that drives off from the gas station without paying for their gas.
[28:03] We've prosecuted those as I understand it in the court, but not under an ordinance that
[28:13] specifically addresses it that way.
[28:20] And item 17, 17 is, okay, yes, thank you.
[28:29] So what most people thought, state question 780 was about exclusively was drugs, the basically
[28:45] possession of any drug other than marijuana was a felony and under the oil law.
[28:54] Now, under the new law, it's possession of any drug up to the amount of,
[29:02] that would trigger it to be a trafficking offense is a misdemear.
[29:08] And so this gives the city the opportunity to prosecute the possession, simple possession of any drug
[29:17] in municipal court. There's been discussion with the judge and with the chief of police,
[29:25] as well as with the district attorney's office about this.
[29:31] You know, the question is, in what format or what venue are we going to best be able to address the
[29:44] the problems that the individual has with regards to a drug possession issue,
[29:52] the general thinking that we came.
[30:00] But it's not setting concrete here is that a first time a fan's maybe a second time a
[30:06] fan's we would address in city court but if again we get to somebody that's a repeat
[30:13] offender even though it's still a misdemeanor a fan's you know we will send it over to district
[30:20] court for them to deal with and try to provide the services that obviously at that point
[30:26] the person needs and it doesn't matter what drug it is I don't know that I can't think
[30:38] of any exceptions to that I don't remember anything I think it's any controlled
[30:42] danger substance even prescription drugs that you don't have the right because that's right
[30:50] we'll surprise of the given the opioid crisis as it's being described and there
[31:00] wouldn't be a part of that so I know we need to go through the council's ready and approve
[31:08] each one of these but I wanted to just be a chance to kind of give a brawl over you well
[31:13] a lot of the plan was again just to further discuss it but not as good but give you the opportunity
[31:21] to see what we're proposing is as the finished product and we'll come back again later and address
[31:30] some questions that you may have on the by all odds you said something we'll go about to
[31:35] the place where we had as the as the plan is described where law gives you the point is it's
[31:46] shoplifting she fans and rest on body for the fifth time shoplifting where's that number at
[31:54] the time or the only change that was made on the shoplifting is under the old
[32:07] statute it was and for it to be a misdemeanor it had to be $500 value or less under the new law
[32:15] because of 780 it's a thousand dollars or less so anything that any shoplifting over a thousand
[32:22] dollars which actually is not not all that difficult for somebody to do that's going to go to
[32:28] district court as a fellow so anything under the thousand dollars you know again I use the term
[32:41] discretion of the police department and from my experience in the district attorney's office you know
[32:52] they know when somebody's really got some issues even if it made
[33:00] be their second time, or, and obviously if it's somebody's eighth time, they obviously
[33:07] know that there's a problem there.
[33:09] So, it leaves a lot of the discretion to the prosecutor, as well as to the police officers
[33:17] that are involved, because the police officers came to just file it over in District Attorney's
[33:22] office and not even take it to the prosecutor, the city prosecutor, but if they take it to the
[33:28] city prosecutor and he's, well, you know, I know some other things about this individual,
[33:34] so I'm going to decline it and ask them to go over to them.
[33:39] What these two state questions are going to, and I already have caused a lot of issues and
[33:45] a lot of problems that are out of our control.
[33:49] We've had discussions about not necessarily a set number, but that we may have that person a couple
[33:55] of times, and then after maybe the third or the fourth, they go to District.
[33:59] One of the problems, for example, that they're saying this will probably eliminate drug courts,
[34:03] because why go to a drug court?
[34:05] You know, why try to get yourself clean if all you have to do is pay a fine and keep going.
[34:11] When we're talking about fines, court fines, I make a very clear that this is not a revenue
[34:18] race, or this is not something that we're just trying to get more money by these fines.
[34:21] The whole idea is to try to have, you know, some type of justice to make sure that somebody
[34:28] doesn't, isn't recidivism.
[34:30] You know, that they might clean their act up, or try to have something where, okay, if you continue
[34:35] this, there's going to be something worse that will happen.
[34:38] This question kind of took away from the whole idea was what we're going to have fewer people
[34:42] in prison for minor offenses.
[34:44] We'll see if that happens.
[34:46] I don't think it will.
[34:48] So I'm hoping that maybe in the not too distant future, people understand what they did
[34:53] though for, maybe we'll get it corrected.
[34:55] Then what are the implications for an offender for, let's just say, shop, letting a misdemeanor
[35:04] shop, letting a charge and a city court versus district court?
[35:07] I mean, the fines, the range of fines the same, or is there under this ordinance, the range
[35:15] of fine would be greater in district court than it would be here, but either way, restitution
[35:21] is one of the components that the judge would typically order in case for problems like shoplifting.
[35:37] There's really not any treatment options that they will either place.
[35:46] Okay, other questions, I'll permit it.
[35:55] But I guess once these changes are adopted.
[36:00] I'm going to take a very direct initiative to chuck and carry too.
[36:02] We'll just kind of go along and see what the caseload looks like and what can be handled
[36:09] and what can't.
[36:10] Maybe we take on a little bit more and maybe we, you know, wherever that line gets drawn,
[36:15] and it's still, there's always the judge will have discretion, but I think within reason,
[36:22] if we suddenly double the number of cases, we've got to figure out a way to deal with that.
[36:28] So that'd be policy approach in the police department, and when it comes to filing the charges or whatever, okay?
[36:41] I don't, so we've gone through pretty much every item individually, if you would take the time
[36:49] to look at the ordinances that have been extracted and as I said, we'll see these again,
[36:54] and we'll be asked to take action on them if not next month, certainly pretty soon.
[36:59] I don't know if there's excuse me, 18, there's capital ventures, government relations, LLC, October
[37:06] claim of $3,000.
[37:08] I'm going to list him on that.
[37:10] Okay?
[37:11] Do we receive anything from him besides the bill every month?
[37:13] Actually, Brian asked me that question earlier today and I think we'll ever do for a couple of reports,
[37:20] and I've already let him know that we need to get that.
[37:22] So he has been working on quite a number of projects for us, I want to show you with that.
[37:27] But I would like to see what it does, I mean, I know we came to talk to him, but I would like
[37:32] to see a monthly report of what it is he did in us.
[37:34] And actually, that was promised to you, and it has a mental every guess, and we'll get that.
[37:38] I mean, all we get is a bill every month.
[37:40] Interesting.
[37:41] We'll get here for a little feedback, but we don't very much.
[37:44] We don't very much in writing.
[37:45] Well, I don't get verbal feedback, I'd like to see something in writing to know.
[37:49] I'm saying, we had it, and then I had that conversation also a day, I call it a contact
[37:56] report, but whatever the term is, that we need something substantive that communicates
[38:03] what's been going on.
[38:04] Yeah.
[38:05] It's great.
[38:07] So that said, I will make a motion to approve the capital ventures, invoice for October.
[38:14] Do you have a second?
[38:16] Say, go call, please.
[38:18] Shope.
[38:19] Aye.
[38:20] Borster.
[38:21] Aye.
[38:22] Weston.
[38:25] Aye.
[38:26] Lewis.
[38:29] Johnson.
[38:30] Did you need business?
[38:31] Do you need anyone?
[38:33] Okay.
[38:34] Item 20 staff reports are put in packets are in your vote, you know, we're in a vote during
[38:40] the packet of available, and staff are available for questions if they're already.
[38:44] Okay.
[38:45] Any five years and I've been able to respond to that.
[38:48] Actually.
[38:49] Defenses now.
[38:50] Yeah.
[38:51] I was going to put Christy and Alicia on the spot, because we're about to finish up the dirt
[38:57] work, and then we're going to start taking over the size.
[39:00] I haven't had a chance to ask you today because you do a quick update both of you can you tag team?
[39:05] I'm not sure.
[39:09] On the EP demo, they have pretty much wrapped it up.
[39:13] There's one small, smaller list of categories still need to tag.
[39:18] They're doing a great one.
[39:20] It's time to tag with them.
[39:22] There's a lot of them.
[39:23] They've got the story out there.
[39:25] It's been a long time since we've got more small,
[39:27] that the band-hole is done.
[39:31] It's somehow disconnected.
[39:33] It's great to go.
[39:35] They've developed and they've removed the pants as we said.
[39:40] And we've put them in the trapping, graphing it at least.
[39:43] We expect to have it turned over or at least they didn't come back.
[39:47] We've done it all this stuff this along with that.
[39:52] We've also started at this week on the call as signing as far as getting the,
[39:58] right in the top so we've got the field placed.
[40:04] The contours are looking really, really good.
[40:06] We made a few adjustments that were the same.
[40:09] She follows the pattern.
[40:11] So we have.
[40:12] And so our contract that we contract with,
[40:16] it's bringing in the top soil.
[40:18] It's actually started this after today.
[40:22] It's a good minute working on the road a little bit.
[40:25] We start the hard.
[40:28] And then we'll take him about two weeks.
[40:32] All of that, all of the dirt that we contract with him.
[40:37] And it's all out there that we see where we're at.
[40:42] From there.
[40:44] As far as the sea of an hour it did,
[40:47] Ben and Chris have found.
[40:49] I think we've got to do it.
[40:51] Design bill for the.
[40:53] Slashback we've got to go see an AR.
[40:55] It's been put up.
[40:56] September 25th is our deadline for our,
[40:59] our sea of an hour to put their.
[41:02] Our response is back in and we are working on getting the architect engineer.
[41:07] The proposal for them to send back to us.
[41:11] And we should have that.
[41:13] We're having me Thursday about.
[41:16] And with that they get me on.
[41:17] Six and things like that.
[41:18] And we're our processes on that.
[41:20] And then that we're just going to call the process before.
[41:23] So that is our slowest day.
[41:25] Probably a little bit.
[41:27] It's going to slow us down.
[41:29] sometimes have to say they are a little bit, but all better to be slowed down in a little bit.
[41:33] We're still not going to make next summer.
[41:37] We haven't, we haven't got that form.
[41:40] We're not going to make that, that didn't want to hurt.
[41:43] So we were going to give a negative there.
[41:45] So you're going to bring the baby back where you're going to throw.
[41:48] We're doing.
[41:49] We're doing a lot of good stuff.
[41:50] We're doing good stuff.
[41:52] At this time we're going to do it next summer.
[41:54] Sorry.
[41:55] We're going to give the baby back.
[41:57] Oh, yeah.
[41:58] We're not there yet.
[42:00] If that's one of the reasons why we start to do and design buildings and see a AR so that when
[42:05] the size handed over to us, we already have a bid and can get the contractor in place.
[42:09] If something changes on this, can you keep us up there?
[42:13] Or starting to see a slow-down prop, you know?
[42:16] You don't feel like we're not going to do that.
[42:19] Yeah, I'd like to know.
[42:21] The thing that slow the whole process down was the amount of chat that they discovered.
[42:27] Because in all seriousness, even if we have everything ready to go right now, we still couldn't do it because we haven't got the site to go.
[42:33] Right.
[42:34] So we're still okay as far as they're doing that.
[42:37] We're not going to do that.
[42:39] You've got some ways, you've got some ways,
[42:41] you've got some ways, mounds that the darts not with stakes with little red.
[42:46] I don't know, plastic on them.
[42:49] What are those marking?
[42:50] At the AP side?
[42:52] Yeah.
[42:54] I'm not sure.
[42:55] I'm going to say that they probably marked the chat as still there.
[42:59] Well, there's no doubt.
[43:00] It might be, I thought maybe they might be, I'm trying to put my head around because, you know, it's facilities major there.
[43:05] I didn't, I don't know what they are.
[43:07] I don't know if it's access to a server liner.
[43:11] But you see them as you drive by.
[43:14] I'll just try and check it.
[43:16] Yeah, they've been intentionally left there instead of leveled out.
[43:21] So just curious.
[43:25] We'll check it out.
[43:26] Okay.
[43:27] I had hands off on that because it is the EKS side.
[43:33] And so we're trying to make sure that we're keeping that.
[43:36] But let's keep that.
[43:37] The EKS side.
[43:38] Sorry.
[43:39] Yeah, sorry.
[43:40] Yeah.
[43:41] Okay.
[43:42] I just asked you to be there.
[43:43] Say to be part of the patient.
[43:45] Next morning, it gets not that because we have some related items that are going to affect that.
[43:50] So if you would be there.
[43:55] So I'm subject, but I, you know, I'm starting to see the crews out and about on the roads.
[44:02] So far, I had it turned out to be a roadside.
[44:06] Back up and go some other direction because I'm not sure which roads they're doing because they're everywhere.
[44:11] Yeah.
[44:12] Before the next meeting, can you, I would like, can love to let's update the public.
[44:17] What they've done so far were, you know, the next steps.
[44:20] To take you, if anybody can give you a little future out.
[44:24] But I would like a little presentation or something of what they've done so far.
[44:28] They will be out of here, fine.
[44:30] Okay.
[44:33] Then by then you'll have to clean the show whenever what they get covered.
[44:37] Yeah, you sell.
[44:38] We both on the website.
[44:39] And it's always good to relay to the public because I've got it many of times.
[44:45] I sure do love the rock.
[44:46] And I think that's pretty that they just covered that nice asphalt that's already there in front of these people.
[44:51] Sources.
[44:52] They need to understand that there's a reason why that was put out.
[44:55] I know you've covered it.
[44:56] I know you've covered it.
[44:57] But I've never loved to make sure that.
[45:00] And we do things that I don't make some effort trying to make, right?
[45:04] Right.
[45:05] Yeah.
[45:06] Chuck Street looks real great, by the way.
[45:09] I like it.
[45:11] Thank you for doing that.
[45:14] Any other staff reports?
[45:17] Any announcements?
[45:21] I've got one, if anybody else got one.
[45:23] I just wanted to invite a lot of those.
[45:26] We lost, got along here, but this past week.
[45:29] I mean, Brian had the opportunity to serve on the city of Newport, right in the
[45:33] Just an awesome man while I'm missing, but this bright brand is a good man.
[45:39] Thank you, Neil.
[45:42] Any other announcements?
[45:44] City manager communication?
[45:45] Just one quick thing.
[45:46] I wanted to follow up with what we mentioned before about the traffic signal set
[45:50] B.J. Tunnel in Main Street.
[45:52] So the traffic signal and that's our goal that was it.
[45:55] But it's approximately 80s out.
[45:58] Talk to the contractor yesterday.
[46:00] Most of the traffic signals that come into the US come through Houston.
[46:04] And the language of that.
[46:05] Obviously with her being for two weeks.
[46:07] So I think I backed up because of that.
[46:09] So now they're back running.
[46:11] But there's working to get a lot of new different parts out.
[46:14] Next week, we have, and I'm proud to say this.
[46:18] We have a temporary driver's and I'll come it down.
[46:20] And we are going to try to wire that work.
[46:22] We gave it all of our signals.
[46:24] So we can go back to our great normal.
[46:26] So talk to what actually got damaged then.
[46:30] This is actually drove over the map like the full and the map.
[46:34] We're like, okay.
[46:35] They knock the whole thing down.
[46:36] Right.
[46:37] So it's not just how we got a bad pull.
[46:39] We need to hang it in the right on.
[46:40] We've destroyed light, wiring, everything.
[46:43] Okay.
[46:44] And new this is say we've got their insurance information.
[46:46] Okay.
[46:48] Thank you.
[46:51] One final thing I had that I wanted to ask about.
[46:54] Next week we have a study session scheduled.
[46:57] But our study sessions are set at four.
[47:00] And Vicki, that's probably going to be hard for you to get.
[47:03] I'm going to be sitting next weekend.
[47:04] But I'm even talking about it in the future.
[47:06] It probably depends on what school's on.
[47:08] It's probably going to be hard for you to get your four claw.
[47:11] So would you like me to put an item on,
[47:13] where we shift those back to 530 because that
[47:17] we're just going to have to cancel and have special meetings.
[47:21] I mean, you're not at a count.
[47:22] Vicki, what's a realistic time.
[47:24] You could make it here about speed and get my ticket.
[47:27] How old are you?
[47:28] 1415.
[47:29] 1415.
[47:30] So if we send 430.
[47:31] We change it to 430.
[47:33] Okay.
[47:34] Because I just like to do that.
[47:35] So we're not doing that all the time.
[47:37] And it just fits in your schedule and everybody else is calling.
[47:40] Look at that for the next couple at least.
[47:42] Okay.
[47:43] Less the year.
[47:44] I'll have you.
[47:45] I want to approach it.
[47:46] But it's easy for me.
[47:49] So it's really.
[47:50] You have to go home and not fall asleep on the couch.
[47:54] I'm going to get permission.
[47:57] Okay.
[47:58] So anything else?
[48:00] Well, that's it for me. Do you have most two-jour, post-jour, and a second.
[48:04] Second. Work out, please.