[1. CALL TO ORDER]
[00:00:04]
>> SPEAKER: CALL TO ORDER TONIGHT COMMITTEE OF THE WHOLE FOR AUBURN CITY COUNCIL MEETING FOR DECEMBER 202022.
I WANT TO WELCOME EVERYBODY THAT IS HERE WITH US TONIGHT AND WELCOME THOSE THAT ARE LISTENING.
[2. MINUTES]
OR WATCHING. GLAD TO HAVE YOU.CITY COUNCIL SHOULD HAVE THE MINUTES FOR THE COMMITTEE OF THE WHOLE FROM DECEMBER 6, 2022,. ANY ADDITIONS OR CORRECTIONS IF
NOT MOVED MOVE MOVED TO APPROVE? >> SPEAKER: SO MOVED.
>> SPEAKER: SECOND. >> SPEAKER: MOTION AND SECOND.
ALL IN FAVOR, PLEASE SAY AYE. ANY OPPOSED?
[3. BOARD OF EDUCATION]
THE MINUTES ARE CARRIED FORTH BOARD OF EDUCATION MAYOR PRO TEMWITTEN. >> SPEAKER: NECESSARILY HAVE ONE VACANCY A UNEXPIRED TERM BEGINS IMMEDIATELY AND ENDS MAY 31, 2026. DR. TERRY JENKINS RESIGNED AND I WOULD LIKE TO SAY THAT WE DEFINITELY VALUED HIS TIME ON THE BOARD OF EDUCATION AND WE WILL MISS HIM BUT WE KNOW THAT HE WILL STILL BE IN OUR AREA AND WE APPRECIATE HIS TIME AND SERVICE. WE DID HOLD INTERVIEWS AND WE HAVE FIVE CANDIDATES. I THINK ALL FIVE WERE GREAT INTERVIEWS AND I APPRECIATE AND SAY THANK YOU TO THEIR TIME.
I WOULD LIKE TO MAKE A NOMINATION FOR BLAKE VESTIGE.
>> SPEAKER: I HAVE A NOMINATION FOR BLAKE VESTIGE.
TO HAVE A SECOND? >> SPEAKER: SECOND.
>> SPEAKER: NOMINATION AND SECOND FOR BLAKE.
ANY OTHER NOMINATIONS? >> SPEAKER: I WOULD LIKE TO
NOMINATE DR. FLORENCE HOLLAND. >> SPEAKER: MOTION FOR FLORENCE HOLLAND PRICKED WE HAVE A SECOND?
>> SPEAKER: SECOND. >> SPEAKER: NOMINATION FOR FLORENCE HOLLAND. ANY OTHER NOMINATIONS?
>> SPEAKER: MR. MAYOR I WOULD LIKE TO NOMINATE CHARLES ISRAEL.
>> SPEAKER: CHARLES ISRAEL. A SECOND FOR MR. ISRAEL?
>> SPEAKER: SECOND. >> SPEAKER: MOTION AND SECOND FOR MR. ISRAEL. AT THIS TIME WE WILL OPEN IT UP FOR DISCUSSIONS. ANY DISCUSSION WE WILL TAKE THESE ONE BY ONE. ANY DISCUSSION OR COMMENTS FOR
MR. BLAKE VESTIGE? >> SPEAKER: I WILL START.
I THINK THAT BLAKE HAS DEMONSTRATED COMMITMENT TO COMMUNITY ESPECIALLY THROUGH HIS INTERVIEW PROCESS HE DEMONSTRATED HOW HE WOULD SERVE THE COMMUNITY AND BE INVOLVED AT MULTIPLE LEVELS NOT JUST ATTENDING THE MEETINGS.
I THINK HIS FINANCIAL BACKGROUND WOULD SERVE THE BOARD OF EDUCATION STRONGLY ESPECIALLY WITH THE GROWTH THAT THEY ARE EXPERIENCING IN THE CAPITOL PROJECTS THAT THEY HAVE COMING
UP. >> SPEAKER: ANYONE ELSE LIKE TO
SPEAK FOR MR. PASTORS? >> SPEAKER: YES.
FIRST OF OFF I WOULD LIKE TO THANK ALL OF THE APPLICANTS THAT APPLIED AND EXPRESSED A WILLINGNESS TO SERVE.
EACH AND EVERY ONE OF YOU BROUGHT A DIFFERENT PERSPECTIVE AND A DIVERSE AND UNIQUE SET OF SKILLS.
HOWEVER, I DO BELIEVE THAT BLAKE'S SKILL SET AND TEMPERAMENT IS ESPECIALLY SUITED FOR THE BOARD DURING THIS SEASON OF GROWTH AND TRANSITION THAT AUBURN CITY SCHOOLS SYSTEM IS ENTERING INTO. I BELIEVE THAT BLAKE'S FINANCIAL EXPERTISE AND HIS CIVIC INVOLVEMENT WILL BE INVALUABLE.
I BELIEVE THAT HE WILL MAKE DECISIONS BASED ON THE BEST INTEREST OF OUR CHILDREN AND THAT HE WILL SUPPORT OUR TEACHERS AND THAT HE WILL ALSO EMPOWER OUR PARENTS BECAUSE HE UNDERSTANDS AND HE RESPECTS THEIR FUNDAMENTAL RIGHTS TO MAKE DECISIONS BASED REGARDING THEIR CHILDREN'S UP BRINGING AND CHARACTER I THINK THAT BLAKE WOULD BE THE BEST CANDIDATE FOR
THIS SEAT. >> SPEAKER: THANK YOU.
ANYONE ELSE LIKE A SPEAKER FOR MR. PASTORS?
>> SPEAKER: YES, I ALSO WOULD LIKE TO ECHO TYLER AND BETH'S COMMENTS. WE HAD A GREAT POOL OF APPLICANTS THAT APPLIED AND WE ARE THANKFUL TO EVERYONE THAT SHOWED UP AND INTERVIEWED AND IT WAS A GREAT PROCESS.
JUST ECHOING A BIT OF BLAKE'S COMMUNITY INVOLVEMENT.
HE HAS ALREADY DEMONSTRATED THAT IN SOME OF HIS INVOLVEMENT IN OUR COMMUNITY AND I THINK IT IS IMPORTANT TO HAVE BOARD OF EDUCATION MEMBERS THAT ARE PRESENT IN OUR COMMUNITY SO THAT OUR COMMUNITY MEMBERS CAN BUILD RELATIONSHIPS WITH THESE FOLKS AS THEY ARE MAKING VERY IMPORTANT DECISIONS ABOUT OUR SCHOOL SYSTEM HERE AND SO I THINK BLAKE HAS DEMONSTRATED THAT AND WOULD BE A GREAT CANDIDATE.
AND ALSO ECHOING THE FINANCIAL BACKGROUND THAT HE BRINGS.
HE HELPS FOLKS TAKE CARE OF THEIR MONEY, REACH FINANCIAL GOALS, AND WITH THE UPCOMING HIGH SCHOOL I THINK THAT IS GOING TO BE A TREMENDOUS PROJECT , NOT ONLY FROM A CONSTRUCTION STANDPOINT BUT FROM A FINANCIAL STANDPOINT AND I THINK HE WOULD BRING A GREAT EXPERTISE IN THAT PROJECT.
I LOOK FORWARD TO SUPPORTING HIM TONIGHT.
[00:05:01]
>> SPEAKER: ANYONE ELSE? I WILL ALSO BE SUPPORTING MR. IT FRUSTRATES PRESSURES TONIGHT. I THOUGHT HE DID AN EXCELLENT JOB DURING HIS INTERVIEW HE GAVE VERY THOUGHTFUL ANSWERS TO HIS QUESTIONS. HE HAS BEEN A PROVEN COMMODITY IN OUR COMMUNITY AS FAR AS BEING INVOLVED IN OUR COMMUNITY.
AGAIN, I THINK THE FINANCIAL UNDERSTANDING AND ASSISTING THE SCHOOL BOARD AS THEY MAKE MILLION-DOLLAR DECISIONS HERE IN THE NEAR FUTURE WILL BE VERY BENEFICIAL TO DR. HERRING AND HER STAFF. I DO THINK THAT WE HAD AN EXCELLENT POOL OF CANDIDATES SO I WANT TO THANK ALL EIGHT PEOPLE THAT APPLIED TO BE ON THE SCHOOL BOARD AND CERTAINLY THE FIVE INDIVIDUALS FROM OUR COMMUNITY WHO SAT IN FRONT OF US AND WENT THROUGH THE INTERVIEW PROCESS. I APPRECIATE EVERY ONE OF THEM BEING WILLING TO DO THAT. DR. HOLLAND, MR. PARSONS I
BELIEVE YOU MAY THE DOMINATIONS. >> SPEAKER: YES, IT IS NO SECRET THAT I HAVE SUPPORTED DR. HOLLAND THE NUMBER OF TIMES THAT SHE HAS APPLIED IN BEING A FINALIST FOR THE BOARD OF EDUCATION. HEARD REPLACING AN OUTGOING EDUCATOR I THINK IS AN APPROPRIATE MATCH IN THIS TIME.
I REALLY WAS QUITE IMPRESSED WITH DR. HOLLAND'S INTERVIEW LAST WEEK WHERE SHE SPOKE SPECIFICALLY ABOUT INCLUSIVITY.
ON A POLICY LEVEL, FINDING RESULTS CITYWIDE FOR OUR STUDENTS WITH A PARTICULAR FOCUS ON SECTIONS OF THE DEMOGRAPHICS THAT ARE STRUGGLING HARDER THAN OTHERS, I THOUGHT IT WAS A VERY INCISIVE POINT THAT SHE BROUGHT AND WHILE I UNDERSTAND THAT ONE BOARD MEMBER ALONE CANNOT NECESSARILY AFFECT A LOT OF CHANGE ON THAT LEVEL, I THOUGHT HER POINTS EVEN BEING HEARD HELPED TO GUIDE DECISION-MAKERS, PARTICULARLY ON THE ISSUE OF INCLUSIVITY AND A FAIR SHOT FOR ALL OF OUR STUDENTS IN THE CITY AND THAT CERTAINLY RESONATED FOR ME.
SHE BRINGS A UNIQUE FRESH PERSPECTIVE TO THE CONVERSATION AND I LOOK FORWARD TO SUPPORTING HER AND LIKEWISE ECHOING WHAT OTHER MEMBERS HAVE SAID. WE HAD AN OUTSTANDING GROUP OF CANDIDATES AND I APPRECIATE ALL OF THEM WHO WERE WILLING TO PUT THEMSELVES OUT THERE IN THIS WAY.
>> SPEAKER: MS. TAYLOR? >> SPEAKER: I ALSO WOULD LIKE TO NOMINATE DR. HOLLAND. I ACTUALLY -- LISTENING TO THE INTERVIEWS I WASN'T PRESENT FOR THE OTHER INTERVIEWS BUT I DID LOOK AT THE VIDEOS AND ALL OF THEM WERE PRETTY GOOD CANDIDATES AND EVERYTHING. DR. HOLLAND STOOD OUT TO ME THE MOST AS BOB SAID. SHE TALKED A LOT ABOUT BEING INCLUSIVE AND SHE TALKED ABOUT DIVERSITY AND HOW IMPORTANT IT IS IN OUR SCHOOL SYSTEM AND SHE GAVE SOME NUMBERS AS TO SOME OF THE DISADVANTAGES WITH OUR MORE DIVERSE GROUP OF CHILDREN.
SHE ALSO -- I THINK THE THING THAT REALLY, REALLY IMPRESSED ME ABOUT HER WAS WHEN THE QUESTION WAS ASKED WHAT WOULD BE ONE OF HER BIGGEST CHALLENGES AND SHE SPOKE OUT AND SAID, BEFORE SHE ANSWERED THAT QUESTION, SHE ASKED HER SON.
AND JUST TO KNOW THAT HE GAVE SOME TYPE OF INPUT FOR HER DECISION AS TO WHY SHE WOULD LIKE TO BE ON THE BOARD WAS PRETTY IMPRESSIVE. SO I JUST THINK THAT SHE WOULD BE DEDICATED AND I THINK THAT SHE WOULD ALSO BE BENEFICIAL TO THE BOARD. LIKE I SAID, ALL OF THE CANDIDATES DID REALLY, REALLY GOOD, BUT MY FIRST CHOICE WOULD
BE DR. HOLLAND. >> SPEAKER: THANK YOU, MS. TAYLOR. OKAY.
AND NOW WE WILL MOVE FORWARD WITH MR. ISRAEL.
>> SPEAKER: WELL, AS EVERYBODY HAS SAID, IT WAS A WONDERFUL FIELD OF APPLICANTS WHO WERE BLESSED IN THIS COMMUNITY TO HAVE THE KIND OF INTEREST IN THE SCHOOL BOARD.
I COULD BE HAPPY WITH ANY OF THEM, QUITE FRANKLY.
DR. CHARLES ISRAEL OF COURSE HAS A WIDE AND A SOLID BACKGROUND IN LEADERSHIP AT AUBURN UNIVERSITY AS ASSOCIATE DEAN, AS DEPARTMENT
[00:10:02]
HEAD. HE HAS MADE DECISIONS, I BELIEVE , TO SHOW THAT HE HAS A TREMENDOUS DEVOTION TO THE AUBURN CITY SCHOOLS SYSTEM. HE HAS CHILDREN THERE, LIKE MANY OF THE OTHER APPLICANTS, AND I BELIEVE HE WILL MAKE DECISIONS BASED ON WHAT IS BEST FOR OUR STUDENTS.WITH HIS WIDE RANGE OF EXPERIENCES AND LEADERSHIP AND HIS BACKGROUND, I FIRMLY NOMINATE NOMINATES DR. CHARLES
ISRAEL. >> SPEAKER: MR. GRISWOLD?
>> SPEAKER: THANK YOU. I WAS SKIPPED FOR SECOND BUT I WOULD ALSO LIKE TO EXPRESS MY SUPPORT DR. HOLLAND.
THE THING I THINK I ADMIRE MOST ABOUT HER IS HER PERSISTENCE PICK THIS IS THE THIRD OR FOURTH TIME SHE HAS APPLIED FOR THIS TIME -- JOB AND IT IS A DIFFICULT PROCESS.
I HAVE CONSISTENTLY BEEN IN HER CORNER WITH PREVIOUS NOMINATIONS AND SELECTIONS FOR BOARD MEMBERS AND I HAVE TO ADMIT SHE IS A TOUGH COOKIE. SHE IS HANGING IN THERE AND HER INTERVIEW WAS EXCEPTIONAL. SO I PUT MY SUPPORT BEHIND
DR. HOLLAND. >> SPEAKER: THANK YOU, MR. GRISWOLD. ANYONE ELSE HAVE ANYTHING THEY WOULD LIKE TO SAY? MS. CROUCH SHOULD BE DUE THIS
WITH A AND VOTE? >> SPEAKER: ONE AT A TIME AND THE FIRST ONE TO FIVE. IF YOU DON'T GET FIVE ON ANY ONE OF THE CANDIDATES WE WILL CIRCLE BACK AROUND.
>> SPEAKER: SO WE WILL DO THIS. I WILL ASK YOU TO PLEASE RAISE YOUR HAND. ALL IN FAVORITE OF MR. BLAKE
PESTERS PLEASE RAISE YOUR HAND. >> SPEAKER: HOLD ON A SECOND.
LINDSAY NEEDS TO -- >> SPEAKER: THAT'S FIVE.
WE WILL CONFIRM THAT LATER ON IN THE AGENDA.
AGAIN, I WANT TO THANK EVERYBODY FOR PARTICIPATING AND THANK YOU FOR PUTTING YOURSELF OUT THERE TO APPLY FOR THIS AND TO GO THROUGH THE INTERVIEWS. WE ARE VERY GRATEFUL AND HONORED THAT OUR COMMUNITY WOULD DRAW SUCH AN EXCELLENT GROUP OF CANDIDATES. THEY WANT TO SAY THANK YOU TO DR. JENKINS AGAIN FOR ALL OF HIS GREAT SERVICE TO OUR COMMUNITY FOR YEARS AND YEARS HE HAS BEEN A GREAT AMBASSADOR OF EVERYTHING GREAT ABOUT AUBURN AND OUR CHILDREN AND OUR EDUCATION THANK
[4. PARKS AND RECREATION ADVISORY BOARD]
YOU, DR. JENKINS. PARKS & REC ADVISORY BOARD.MAYOR PRO TEM WITTEN. >> SPEAKER: WE HAVE ONE VACANCY TERM BEGINS IMMEDIATELY AND ENDS NOVEMBER 30, 2026.
INCUMBENT STACY GILES HAS SERVED ONE FULL TERM.
I WOULD LIKE TO NOMINATE STACY GILES FOR SECOND FULL TERM.
>> SPEAKER: SECOND. >> SPEAKER: NOMINATION AND SECOND FOR STACY GILES. ANY OTHER NOMINATIONS? ALL IN FAVOR, PLEASE SAY AYE. ANY OPPOSED? WE WILL CONFIRM THIS CHILD LATER ON IN THE AGENDA.
[5. BUSINESS LICENSE ORDINANCE AMENDMENT PRESENTATION]
WE APPRECIATE HER WILLINGNESS TO SERVE.BUSINESS LICENSE ORDINANCE AMENDMENT PRESENTATION FOR CITY
MANAGER CROUCH? >> SPEAKER: GOOD EVENING COUNCIL. AFTER WE STARTED THIS PROCESS, BEFORE THIS COUNCIL WAS SEATED, THE SECOND MEETING IN OCTOBER, UNANIMOUS CONSENT WAS DENIED AND THEN WE MOVED ON INTO NOVEMBER AND WE HAVE POSTPONED A FEW TIMES.
SO THE GOAL OF TONIGHT IS THERE SEEMS TO BE AND A LOT OF MISINFORMATION OUT THERE AND I WOULD LIKE TO CLARIFY A NUMBER OF QUESTIONS WE HAVE RECEIVED AND SO WE ARE GOING TO GO OVER WHY DID STAFF PROPOSE WE MADE A CHANGE.
ALLISON OUR FINANCE DIRECTOR WILL GIVE AN GENERAL OVERVIEW WHAT OUR PURPOSE AND MISSION IS AND WHAT ARE WE TRYING TO DO AS A STAFF. THE TREES MOST WHO IS OUR REVENUE MANAGER WILL TALK ABOUT OUR TAX COLLECTION PROCESS AND BRING IT FULL CIRCLE IN THE END. THE ONE MOST IMPORTANT THING THAT WE CAN SAY IS BUSINESSES ALONG WITH OUR CITIZENS ARE THE LIFEBLOOD OF OUR COMMUNITY AND THERE WOULD NEVER BE AN ATTEMPT BY THE CITY STAFF -- NEVER -- TO HARM BUSINESS IN ANY WAY, SHAPE OR FORM. WE HAVE DIFFERENT SOMETIMES OUR GOALS ARE DIFFERENT, SOMETIMES WE NEED TO DO THINGS, AND ONE OF THE NUMBER ONE THINGS WE ARE TRYING TO DO HERE IS BE SURE WE ARE BEING EQUITABLE IN THE TREATMENT OF ALL BUSINESSES AND WHEN THE VAST MAJORITY ARE PAYING THEIR TAXES, AND PAYING THEM RELATIVELY ON TIME AND DOING WHAT THEY ARE SUPPOSED TO BE DOING, A BUSINESS LICENSE IS A PRIVILEGE, NOT A RIGHT.
WHILE WE ARE REALLY, REALLY APPRECIATIVE OF ALL THE BUSINESSES DO, FORTUNATELY OR UNFORTUNATELY BEHIND THE SCENES THE STAFF IS THE ONE THAT IS LEFT TO ENFORCE AN ORDINANCE.
EVERY ORDINANCE THAT IS ADOPTED BY THE CITY COUNCIL, WHETHER IT BE SHORT-TERM RENTALS, WHETHER IT BE ZONING ORDINANCE, WHATEVER IT IS, THE STAFF IS LEFT TO IMPLEMENT AND ENFORCE.
AND SO SOMETIMES WE GET A LITTLE SHORT IN OUR ABILITY TO ENFORCE CERTAIN ASPECTS OF ORDINANCES WITHOUT ADDITIONAL ASSISTANCE.
SO CERTAINLY WHAT WE ARE TRYING TO DO HERE IS A PROPOSAL TO PUT ALL OF THE AUTHORITY FOR THE FINAL ENFORCEMENT ACTIONS IN THE ELECTED GOVERNING BODIES HANDS WHICH IS YOU, THE NINE ELECTED BODIES BY THE CITIZENS OF AUBURN.
WHAT WE ARE ASKING FOR IS THE 90 OTHER CITIES THAT HAVE THIS HAVE IT AND IT IS IN THEIR GOVERNING BODIES HANDS AND I AM A BIG PROPONENT OF THE ELECTED OFFICIALS WHO ARE RESPONSIBLE TO
[00:15:04]
THE CITIZENS OF AUBURN HAVING THE FINAL AUTHORITY ON THINGS.YOU HAVE VERY LIMITED POWERS IN THE STATE OF ALABAMA THIS IS ONE OF THE FEW THAT YOU ARE AFFORDED.
AND SO WE ARE GOING TO GO THROUGH.
PLEASE ASK THE QUESTIONS PRACTICE WHOLE PRESENTATION IS PREDICATED ON QUESTIONS THAT WE HAVE GOTTEN BUT I THINK THERE IS ALSO A TREMENDOUS AMOUNT OF MISINFORMATION OUT THERE AND THERE IS A LOT OF EXAMPLES. IT HAS BEEN POINTED OUT THAT THE CITY MANAGERS GOING TO TELL YOU WHY THAT IS A RIDICULOUS EXAMPLE OF SOMETHING. IF SOMEONE IS ALREADY POINTING AT THAT OUT TO YOU IN AN E-MAIL THAT IT IS A RIDICULOUS EXAMPLE, IT IS BECAUSE IT IS. WHAT I MEAN IS, IF SOMEBODY DOESN'T PICK UP THE GARBAGE IN FRONT OF THEIR BUSINESS WE ARE NOT GOING TO CLOSE THEM DOWN. THAT IS NOT OUR MISSION AND PURPOSE IN LIFE. WE WORK WITH PEOPLE.
THIS IS -- IF SOMEBODY IS RUNNING A SEX TRAFFICKING OPERATION OUT OF THEIR BUSINESS, YOU DON'T HAVE THE ABILITY TO SHUT THEM DOWN. THE POLICE CAN GO AFTER THEM FOR CRIMINAL THINGS, BUT THE CITY COUNCIL HAS NO AUTHORITY.
THAT BUSINESS CAN REMAIN IN OPERATION.
YOU HAVE NO AUTHORITY TO DEAL WITH THAT.
THESE ARE THE KINDS OF THINGS THAT WE ARE GETTING AT IN THE RARE CIRCUMSTANCE IT MIGHT BE NEEDED.
ALLISON IS GOING TO TALK ABOUT THE FINANCIAL SIDE AND WE WILL JUMP INTO THE POLICE POWER SIDE AT THE END.
>> SPEAKER: BEFORE WE GET STARTED, FOR PURSUIT -- DO YOU WANT US TO STOP AND ASK QUESTIONS DURING THE
PRESENTATION? >> SPEAKER: PLEASE GET GET A QUESTIONS OUTPUT WITH THAT WAS SOME OF YOU AND TALK WITH OTHERS AND THAT WITH A LOT OF CITIZENS ABOUT THIS.
THIS IS PREDICATED ON THE QUESTIONS WE HAVE GONE JUST LIKE THE FREQUENTLY ASKED QUESTIONS IN YOUR PACKETS ARE ALL PREDICATED ON MEETINGS THAT WE HAVE HAD A QUESTIONS WE RECEIVED. BUT ALSO THE ONE OTHER THING IS I WANT YOU TO BE VERY CLEAR IN ANY OF THESE OPERATIONS, OUR FINANCE STAFF HAVE TO DO CERTAIN THINGS, HAVE TO GO THROUGH A LENGTHY PROCESS THAT HAS TO GET TO ME AND I HAD TO AGREE TO PUT ON AN AGENDA WHERE YOU THEN WOULD HAVE TO AGREE TO HAVE A HEARING. THIS IS A LONG PROCESS AND FOR IT TO GET TO ME I WOULD LIKE TO REMAIN EMPLOYED AND I WOULD NOT PUT SOMETHING ON THE AGENDA THAT I DIDN'T THINK BELONGS THERE.
ALLISON? >> SPEAKER: THANK YOU FOR THE OPPORTUNITY TO PRESENT SOME INFORMATION ABOUT THE AMENDMENT.
HOPEFULLY WE CAN CLARIFY SOME THINGS ABOUT THE AMENDMENT TO SECTION 12 OF THE CITY CODE. I WILL COVER A COUPLE OF GENERAL THINGS AND THEN LIVE TREES WHO HAS BEEN OUR REVENUE MANAGER WILL GO THROUGH A COLLECTION PROCESS EXAMPLE WITH YOU SO YOU CAN SEE WHAT WE DO ON THE FAILURE TO PAY SIDE OF THAT.
HOW DID WE GET HERE? DISCUSSIONS ABOUT REVOCATION PROVISION HAVE BEEN HAPPENING FOR MANY, MANY YEARS.
I HAVE BEEN WITH THE CITY FOR 23 YEARS AND I HAVE BEEN NOT ALWAYS DIRECTLY INVOLVED IN THOSE CONVERSATIONS, BUT EACH TIME THERE IS AN ISSUE WITH THE BUSINESS, WHETHER IT IS A HEALTH AND SAFETY WELFARE ISSUE OR WHETHER IT IS A FAILURE TO PAY ISSUE, THE QUESTION COMES UP. WHY CAN'T WE JUST SHUT THEM DOWN? WE ASK IT, WE GET IT FROM PUBLIC SAFETY. WE HAVE ACTUALLY GOTTEN IT FROM CITIZENS IN THE PAST IF THERE IS ANYTHING GOING ON WITH THE BUSINESS. A LOT OF TIMES THEY KNOW SOME THINGS WE DON'T. SO WE GET THAT QUESTION A LOT.
WE ALSO GET, WHY DON'T YOU JUST NOT RENEW THEIR BUSINESS LICENSE IF THEY ARE DOING SOMETHING LIKE NOT PAYING WHY DON'T DO WE JUST NOT RENEW? IN SOME CASES WE DON'T RENEW.
BUT IS STILL THE WISH WE STILL DON'T HAVE THE ABILITY.
YOU DO NOT HAVE THE ABILITY TO CLOSE THE BUSINESS EVEN IF THEY DON'T HAVE A VALID LICENSE AT THE TIME.
THOSE ARE VERY LEGITIMATE QUESTIONS.
AS WE HAVE WORKED THROUGHOUT THE YEARS WITH THE CITY ATTORNEY TO DISCUSS THAT AND TRY TO FIGURE OUT WHAT IS THE BEST WAY FOR THIS TO HAPPEN, WE HAVE GENERATED SOME OF OUR OWN QUESTIONS THAT WE ASK THROUGHOUT THAT PROCESS.
SOME OF THOSE ARE, WHY IS THE GOVERNING BODY, THE BODY THAT ACTUALLY GRANTS A BUSINESS LICENSE, NOT ABLE TO REVOKE UNDER CERTAIN CIRCUMSTANCES? WHY DO WE THINK THAT SENDING OUR BUSINESS OFFICES OFF TO DISTRICT COURT IS THE MOST EFFICIENT WAY TO DO THAT? IS VERY COSTLY FOR THEM, THEY ARE LIKELY GOING TO HIRE AN ATTORNEY IN THAT SITUATION AND IT IS ALSO COSTLY FOR THE CITY. WHY WOULD WE WANT OUR GOVERNING BODY, THE PEOPLE WHO KNOW OUR BUSINESSES THE BEST, THEY KNOW OUR BUSINESS COMMUNITY, THEY KNOW OUR CITY, TO MAKE DECISIONS LIKE THAT AS OPPOSED TO A QUARTZ WHO MAY NOT KNOW OUR COMMUNITY AND UNDERSTAND OUR BUSINESS PROCESS.
WHY WOULDN'T WE WANT THE MOST EFFICIENT PROCESS THAT DOESN'T DRAG ON AND ON AND BUSINESSES ARE GOING THROUGH CAN BE SEVERAL YEARS LONG PROCESS TO GET TO WHERE WE NEED TO BE WITH THAT.
THOSE ARE SOME OF THE THINGS THAT WE THINK THROUGH FROM A STAFF PERSPECTIVE. SO AS WE HAVE WORKED OVER THE YEARS TO ANSWER THOSE QUESTIONS, WE ARE CONSTANTLY REMINDED BY ATTORNEYS THAT MOST OTHER MUNICIPAL BUSINESS LICENSE ORDINANCES IN THE STATES HAVE PROVISIONS THAT DEAL WITH THESE TYPE OF ISSUES. NOW I WANT TO BE VERY CLEAR ABOUT THAT. JUST BECAUSE THEY HAVE IT DOESN'T MEAN WE HAVE TO AND THAT SHOULD NOT BE THE REASON FOR US TO HAVE TO. BUT IT IS CERTAINLY SUPPORTING ITS -- INFORMATION ON WHERE WE CAME UP WITH THIS LANGUAGE.
WE DID NOT JUST MAKE THINGS UP. THIS LANGUAGE IS NOT UNUSUAL.
IT IS NOT UNREASONABLE. IF IT WERE, IT WOULD NOT BE SO
[00:20:02]
UNIFORM ACROSS THE STATE. THAT LANGUAGE THAT IS USED.ONE OF THE THINGS THAT THE ATTORNEY ALSO REMINDS US OF IS THAT ALABAMA COURTS HAVE LONG AND CONSISTENTLY HELD THAT A LICENSE IS A PRIVILEGE EXTENDED BY MUNICIPAL GOVERNING BODY AND THAT THAT GOVERNING BODY CAN REVOKE THE SAME AS LONG AS IT IS NOT ARBITRARY OR CAPRICIOUS. THAT IS VERY IMPORTANT.
AND THAT THE TAXPAYER HAS DUE PROCESS.
THE LAST TIME THAT WE HAD ANY MEANINGFUL CONVERSATION ABOUT THIS TYPE OF PROVISION WAS IN LATE 2019, EARLY 2020.
I BECAME FINANCE DIRECTOR IN SEPTEMBER OF 2019 AND AS I STARTED MEETING WITH STAFF IN MY NEW ROLE, ONE OF THE VERY FIRST THINGS THAT WAS TALK TO ME ABOUT WHAT DISCUSSIONS THAT HAVE BEEN HAD OVER TIME ABOUT THIS ISSUE. AND SO WE STARTED TALKING AGAIN ABOUT WHAT THAT MIGHT LOOK LIKE. THEN THE PANDEMIC HIT.
AS MUCH AS WE ARE TIRED OF USING THAT EXCUSE, THAT WAS A VERY IMPORTANT AND DEVASTATING TIME FOR OUR BUSINESSES.
IT WAS IMPORTANT THAT WE PUT THIS ON THE BACK BURNER DURING THAT TIME. WE PIVOTED AT THAT TIME TO HELP THEM GET THROUGH THAT HARD TIME AND WE WANTED TO MAKE SURE THAT WE GAVE THEM PLENTY OF TIME TO GET BACK ON THEIR FEET BEFORE WE EVER BROUGHT THIS UP AGAIN. SO NOW THERE HAS BEEN A GOOD AMOUNT OF TIME SINCE THAT HAPPENS.
WE FEEL LIKE BUSINESSES HAVE HAD TIME TO RECOVER AND HERE WE ARE AND WE ARE STILL HAVING ISSUES WITH SOME BUSINESSES AS IT RELATES TO FAILURE TO PAY THEIR TAXES.
SO THE ORDINANCE IS BEING INTRODUCED NOW SO THAT WE CAN MAKE THAT PROCESS, REDUCE THE AMOUNT OF TIME THAT BUSINESSES ARE ALLOWED TO OPERATE IN VIOLATION OF CITY CODE.
THAT IS WHAT WE WANT TO DO. I ALSO WANT TO TAKE THE NEXT THING THAT IS ON THE AGENDA, A BIT OF HISTORY, I WANTED TO TAKE THIS OPPORTUNITY TO REMIND EVERYBODY WHAT THE FINANCE DEPARTMENT'S RESPONSIBILITY IS RELATED TO ENFORCING, ADMINISTERING OUR BUSINESS LICENSE ORDINANCE.
PART OF THAT IS IN OUR MISSION AND I HAVE IT HIGHLIGHTED IN BLUE ON THE SIDE ADMINISTERING THE CITY'S REVENUE ORDINANCES AND FINANCE RELATED LAWS, REGULATIONS AND CONTRACTS IN AN EFFICIENT AND EQUITABLE MANNER. SO WHAT DOES THAT MEAN? THAT MEANS THAT WE ARE CONSTANTLY LOOKING AT OUR PROCESS, CONSTANTLY LOOKING AT OUR ORDINANCES.
ONE OF THE REVENUE MANAGERS MAIN TASK IN HER JOB DESCRIPTION IS TO DEVELOP ORDINANCES RELATED TO REVENUE LAWS.
THAT IS SOMETHING THAT SHE IS ALWAYS DOING AND LOOKING AT SPARK. WHEN PROBLEMS DO ARISE WE BRAINSTORM TO DETERMINE IF THERE IS SOMETHING IN OUR ORDINANCES NOT EFFICIENT, IS THERE SOMETHING IN OUR ORDINANCE THAT IS NOT TREAT EVERYONE INVOLVED FAIRLY, THEN WE NEED TO LOOK AT THAT. ALSO AS PART OF THAT, WE OPERATE UNDER THE CITY'S CORE VALUES WHAT I HAVE LISTED AS WELL.
THE CORE VALUES ARE VALUES THAT WERE DETERMINED AND SET BY EMPLOYEES. I WAS A PART OF THE GROUP THAT SET THOSE YEARS AGO AND ONE OF THOSE IS FAIRNESS.
SO THAT REVOLVES AROUND PROVIDING SERVICES, ADMINISTERING MUNICIPAL ORDINANCES FAIRLY WITH ABSOLUTELY NO REGARD FOR PERSONAL OPINION OR BELIEF.
NOW I AM A CITIZEN TOO AND I HAVE A LOT OF OPINIONS AS A CITIZEN. I DON'T ALWAYS AGREE OR DISAGREE WITH THINGS THAT COME FROM THIS BODY, BUT IN MY CAPACITY AS FINANCE DIRECTOR, THE CITY OF AUBURN, CITIZENS, BUSINESSES, OUR VISITORS, ALL OF THE THINGS THAT COME TOGETHER TO MAKE THIS PLACE GREAT, THAT IS MY ROLE. THAT IS THE PRIMARY FOCUS.
WE MAKE DECISIONS THAT ARE VERY THOUGHT THROUGH BASED ON THE FACTS. ONE OF THE THINGS THAT THIS CORE VALUE SAYS IS THAT IT IS BASED ON ACCURATE INFORMATION AND FOR US THAT IS WHAT WE DO EVERY DAY. IT IS WHAT WE DO, WHAT WE KNOW, WHAT WE DEAL WITH IN THE DAILY OPERATION OF A REVENUE OFFICE IN AVON IS A POLITY. THAT IS HOW WE MAKE DECISIONS.
WE GET THAT INFORMATION HONESTLY AND WE PRESENTED OBJECTIVELY.
WITH THE CITY'S BEST INTEREST IN MIND.
THE CITY BEING EVERYONE TRICKED CITIZENS, BUSINESS AND ALL.
EVEN IF THAT RECOMMENDATION IS NOT POPULAR, THAT IS NOT OUR ROLE WITH WHETHER IT IS POPULAR. IT IS WHAT WE FEEL IS THE BEST OPTION. WE WANT TO TREAT BUSINESSES THE SAME AT THE FAIRNESS ISSUE IS A VERY IMPORTANT THING FOR US AND IN PARTICULAR WHEN IT COMES TO FAILURE TO PAY TAXES.
SO THE LAST THING I WANT TO MENTION IS FISCAL RESPONSIBILITY. EVERY SINGLE CITY EMPLOYEE AND ALL OF YOU HAVE A LEVEL OF FISCAL RESPONSIBILITY TO OUR CITIZENS AND BUSINESSES. BUT I WOULD VENTURE OUT TO SAY THAT THE FINANCE DEPARTMENTS, WE BETTER ALL BE ON BOARD WITH FISCAL RESPONSIBILITY. THAT IS WHAT WE DO EVERY SINGLE DAY IN EVERY ACTION THAT WE TAKE.
IT IS IMPORTANT TO ME AND I EXPECT EVERY PERSON IN THAT DEPARTMENT TO HAVE THE SAME THOUGHTS ABOUT FISCAL RESPONSIBILITY. SALES TAX IS OUR LARGEST REVENUE
[00:25:02]
SOURCE. IT IS 50 PERCENT OF THE GENERAL FUND BUDGET. IF WE DIDN'T HAVE IT, WE WOULDN'T HAVE A CITY PARK THERE WOULD BE NOTHING TO TALK ABOUT.SO WHEN A CITIZEN OR A VISITOR GOES INTO A BUSINESS AND THEY PAY A SALES TAX AND I'M ONE OF THOSE, THEY HAVE AN EXPECTATION THAT THAT MONEY IS BEING SPENT TO WHERE TO GO.
THEY ARE ACTING -- THAT BUSINESS IS ACTING AND THEY AGREE WHEN THEY GET A BUSINESS LICENSE THAT THEY ARE ACTING AS AN AGENT OF THE CITY OF AUBURN AND THAT THEY GET THAT SALES TAX WHERE IT NEEDS TO GO. I REALLY HAVE A BIG PROBLEM WITH NONPAYMENT OF SOMETHING THAT DIDN'T BELONG TO YOU IN THE FIRST PLACE. YOU ARE ACTING AS AN AGENT TRICK. THAT SHOULD BE COMING TO US.
AS THE TREES WILL TELL YOU, CLOSING A BUSINESS IS NEVER THE LESS IT IS INCREDIBLY IRRESPONSIBLE FOR ME TO EVEN THINK THAT CLOSING A BUSINESS IS A GOOD OPTION.
BUT AT THE SAME TIME, I EXPECT THOSE OBLIGATIONS TO BE MET.
WE WANT THIS TO BE AS EFFICIENT AS EQUITABLE AS POSSIBLE AS IT CAN BE AND BE FEEL LIKE THAT PROCESS OF SENDING SOMETHING WENT OFF TO DISTRICT COURT MAY NOT BE THE BEST OPTION FOR OUR BUSINESSES. I IMAGINE A LOT OF YOUR QUESTIONS WILL COME FROM WHAT SHE GOES THROUGH.
>> SPEAKER: I HAVE TO LOWER THIS JUST A TAD.
>> SPEAKER: I WANT TO ASK A QUESTION BEFORE SHE STARTS.
THIS ORDINANCE THAT WE ARE TALKING ABOUT, TRYING TO CHANGE TONIGHT, IT IS ONLY PERTAINING TO NOT PAYING YOUR TAXES OR IS IT PERTAINING TO OTHER VIOLATIONS OR JUST NOT PAYING
TAXES? >> SPEAKER: THERE ARE PROVISIONS IN IT FOR BOTH PICK ONE OF THE THINGS THAT WE SEE THE MOST AND GENERATES THE MOST COMES FROM THE FAILURE TO PAY.
>> SPEAKER: OKAY. >> SPEAKER: GOOD EVENING EVERYONE. LIKE ALLISON SAID, I AM LOIS RIESS KNOWLES AND I'M GOING TO TALK TO YOU ABOUT THE PROCESS.
WHAT IS THE PROCESS AND WHAT DO WE DO WHEN WE HAVE BUSINESSES THAT WE DISCOVERED THAT AREN'T PAYING THEIR LICENSE FEES OR TAXES? THE REVENUE OFFICE GENERATES A DELINQUENT LIST. THE STAFF GOES OVER THAT LIST.
WE ANALYZE IT. WE ARE LOOKING FOR ANY BUSINESS THAT JUST SHOULD NOT BE ON THAT LIST.
THAT IS OUR VERY FIRST STEP. ONCE WE ARE SATISFIED WITH THAT LIST, WE SEND OUT A NOTICE, AND THAT NOTICE IS A NOTICE OF DELINQUENCY. CALL IT A REMINDER.
SOMETIMES THEY JUST DON'T KNOW, THEY FORGOT TO PAY THE TAXES OR SOMEBODY ELSE WAS SUPPOSED TO PAY THE TAXES.
A MAJORITY OF OUR ISSUES ARE RESOLVED WITH THAT INITIAL NOTICE. SO WE SEND THAT NOTICE OUT.
BUT FOR THOSE WHO REMAIN DELINQUENT, STAFF DOES FURTHER ANALYSIS ON THOSE DELINQUENT ACCOUNTS AND SPEND WEEKS GOING OVER THERE, NARROWING IT DOWN TO BUSINESSES TO MAKE SURE THAT THOSE BUSINESSES ARE STILL OPEN, THAT WE HAVE THE APPROPRIATE ADDRESSES TO SEND INFORMATION TO , AND THEN WE SEND A SECOND LETTER. THAT LETTER IS A LITTLE MORE AGGRESSIVE THAN THE FIRST LETTER.
THAT IS WHY WE MAKE SURE WE HAVE ALL OF THE INFORMATION CORRECT.
IS THIS SECOND LETTER MAY INCLUDE INFORMATION ABOUT FURTHER LEGAL ACTION THAT WE WILL TAKE AND FROM THAT SECOND LETTER WE GET A LITTLE MORE TRACTION.
BUT STILL, WE HAVE A LARGE DELINQUENCY THAT WE ARE WORKING WITH HERE. SO WE CAN NARROW IT DOWN EVEN FURTHER AND WE LOOK AT AUBURN BASED BUSINESSES, BUSINESSES THAT ARE BRICK AND MORTAR, BUSINESSES THAT ARE HERE THAT ARE STILL OPEN AND THAT HAVE LARGE PAST-DUE BALANCES OR THAT JUST HAVE BEEN PAST DUE FOR LONG TIME.
WE MAKE PERSONAL CONTACT WITH THOSE BUSINESSES THEN.
WE DRIVE BY. BUT WE TRY TO MAKE SOME TIME OF PERSONAL CONTACT TO SEE WHAT'S GOING ON, WHAT HAPPENED, WHY HAVEN'T WE RECEIVED YOUR TAXES. AFTER WE DO THAT WE MAKE ARRANGEMENTS WITH THEM SOMETIMES.
BECAUSE MAYBE THEY CAN'T PAY, THEY CAN'T CATCH UP.
SO WE TALK TO THEM ABOUT WHAT CAN YOU DO.
HOW CAN WE HELP YOU COME INTO COMPLIANCE? AND AGAIN, WE GET TRACTION FROM THAT AND BUSINESSES COME INTO COMPLIANCE AND WE DON'T TALK ABOUT THEM ANYMORE.
BUT THEN THERE ARE SOME THAT DON'T.
SO THEN WHAT DO WE DO? WE HAVE TO CITE THOSE BUSINESSES TO MUNICIPAL COURT. WHEN THEY GO TO MINNESOTA COURTS, NOW THEY HAVE TO EXPLAIN TO THE JUDGE WHY THEY ARE
DELINQUENT. >> SPEAKER: CAN I STOP YOU? HOW MUCH TIME IN GENERAL ON AVERAGE FROM THE FIRST TIME YOU
[00:30:01]
SAW THAT THEY WERE DELINQUENT TO THEY THE END UP IN COURT.>> SPEAKER: THAT COULD BE THREE MONTHS, FOUR MONTHS.
WE ARE WORKING WITH PEOPLE THE ENTIRE TIME AND WE HAVE A STAFF, A SMALL STAFF TO THEY ARE DOING OTHER THINGS DURING THESE MONTHS SO THEY ARE NOT JUST FOCUSING ON DELINQUENCIES.
THEY ARE ACTUALLY LOOKING, KEYING TAXES, PROCESSING PAYMENTS, TALKING TO THE TAXPAYER.
WE ARE MAKING ARRANGEMENTS WITH THEM.
SOME OF THEM ASKED, CAN I PAY NEXT MONTH? CANOPY NEXT WEEK? AND THEN WE HAVE TO FOLLOW UP TO SEE IF THEY DID BUT THEY'RE GOING TO DO.
IT COULD BE THREE MONTHS BEFORE WE FIRST SEE THEM.
FROM THE TIME WE INITIALLY SEE THEM UNTIL WE TAKE THEM TO MUNICIPAL COURT. OR IT COULD BE FIVE MONTHS.
IT DEPENDS ON THE SITUATION AND HOW EGREGIOUS THAT TAX IS.
>> SPEAKER: HOW MANY COMMUNICATIONS WILL WE HAVE HAD?
>> SPEAKER: BEFORE WE TAKE THEM TO MUNICIPAL COURT, IT IS POSSIBLE THAT WE HAVE HAD EIGHT COMMUNICATIONS WITH THEM OR I'M JUST THROWING OUT A NUMBER HERE BECAUSE IT IS NOT JUST ONE.
IS NOT TO LETTERS. WE DON'T SEND TWO LETTERS AND THEN TAKE YOU TO MUNICIPAL COURT'S.
WE HAVE CONTACTED YOU, WE HAVE WORKED WITH YOU, YOU VIOLATED AN AGREEMENT THAT YOU SAID YOU WERE GOING TO MAKE WITH US.
WHEN WE CITE THEM TO MUNICIPAL COURT, A LOT OF TIMES THOSE BUSINESSES WILL PAY. THEY WILL PAY BEFORE MUNICIPAL COURT BECAUSE THEY DON'T WANT TO GO TO MINNESOTA COURTS AND WE WILL HAVE THEM CALL THE MAGISTRATE TO SEE WHAT THEY CAN DO IF THEY STILL HAVE TO SHOW UP TO MUNICIPAL COURT'S.
WE WANT TO HONOR THAT IN WHATEVER WAY.
LIKE ALLISON SAID, OUR GOAL IS NOT TO EMBARRASS BUSINESSES, OUR GOAL IS NOT TO RUN THEM OUT OF BUSINESS, WE ARE HERE TO HELP THEM. WE WANT YOU IN COMPLIANCE BECAUSE WE DEPEND ON YOUR TAX DOLLARS TO OPERATE OUR CITY.
SO WHATEVER WE CAN DO TO HELP, WE TRY TO HELP.
BUT THEN WE ALSO HAVE A FIDUCIARY RESPONSIBILITY TO COLLECT THOSE TAXES. THAT IS WHY WE CONTINUE WITH OUR PROCESSES, WITH WHATEVER LEGAL MEANS NECESSARY TO COLLECT.
ONCE WE ARE IN MUNICIPAL COURT, AND THOSE TAXPAYERS STILL HAVEN'T PAID, A LOT OF TIMES THEY WILL ASK THE JUDGE FOR LENIENCY. AND ASK IF THEY CAN GET A PAYMENT PLAN. THEY WILL COME UP WITH SOMETHING THAT THEY CAN PAY. A JUDGE WILL HONOR THEM AND SET THERE CASES FOR REVIEW. AGAIN, WE ARE TALKING ANOTHER TWO MONTHS POSSIBLY. WHATEVER HAS HAPPENED TO GET ON THE DOCKET. DOCKETS -- THE JUDGE GIVES THEM TIME, NUMBER ONE, TO PAY THEM TO LINK SO WHEN THAT HAPPENS, WE ARE STILL TALKING ABOUT POSSIBLY EIGHT MONTHS DOWN THE ROAD FROM THE TIME WHERE THEY HAVEN'T PAID THEIR TAXES INITIALLY TO THE TIME WHEN WE ARE STILL TRYING TO COLLECT.
MANY OF THESE BUSINESSES AREN'T KEEPING UP.
WE ARE NOT TALKING THE INITIAL TAX THAT THEY WERE TO LANGUAGE, WE ARE TALKING THE INITIAL TAX, LESS EIGHT MORE MONTHS.
SO WE ARE PILING ON HERE. SO THEY ARE STEADILY BLEEDING AND WE GET THERE AND THE TAXPAYER DECIDES THEY DON'T WANT TO KEEP THOSE PAYMENT ARRANGEMENTS.
AND THE JUDGE THEN HAS TO MAKE A DECISION.
THERE IS AN OPTION FOR THE JUDGE TO PUT THEM IN JAIL.
AND MANY YEARS AGO THAT OPTION HAD BEEN EXERCISED.
BUT WE FOUND WHEN THAT HAPPENS, TAXPAYERS STILL DIDN'T PAY.
THEY WILL BOND OUT OF JAIL, BUT WE DIDN'T GET ANY MONEY.
BUT THE BUSINESSES STILL OPERATING.
SO IT IS STILL COLLECTING TAXES. AND THERE IS NOTHING WE CAN DO.
SO AT THAT POINT, STAFF WOULD WORK WITH THE CITY ATTORNEY'S OFFICE TO DRAFT A RESOLUTION TO ASK THE CITY COUNCIL FOR PERMISSION TO SEEK AN INJUNCTION TO CLOSE THE BUSINESS OR SEEK WHATEVER LEGAL ACTION NECESSARY TO COLLECT THE TAX.
WE DON'T ALWAYS CLOSE YOUR THAT IS THE LAST RESORT, IT IS UP TO AND INCLUDING CLOSING A BUSINESS.
BUT WE WANT TO SEE ANY LEGAL MEANS NECESSARY TO COLLECT OUR TAXES. THERE HAVE BEEN SOME BUSINESSES WHERE WE PLACED A LIEN ON THE PROPERTY.
AND WE WERE ABLE TO COLLECT OUR TAXES WHEN THEY SOLD THE PROPERTY. BUT NOT ALL BUSINESSES OWN PROPERTY OR OWN THE PROPERTY THAT THEY ARE BUILDING IS LOCATED IN. WE DON'T REALLY WANT TO BE IN THE BUSINESS OF OWNING STOVES AND FRYERS AND STUFF LIKE THAT SO WE DON'T NECESSARILY PLACE A LIEN ON THE EQUIPMENT IN THE OFFICE. OR IN THEIR BUILDING, UNLESS IT IS SOMETHING WE THINK WE CAN GET SOME MONEY FROM.
BUT FOR THE MOST PART WE ASK THE DISTRICT JUDGE TO SHUT THEM DOWN. WE HAVE TO HAVE A COURT DATE SET
[00:35:05]
THEN WE HAVE TO GO TO COURT. SO WE ARE TALKING ANOTHER THREE MONTHS, POSSIBLY. I AM GIVING YOU EXAMPLES FROM ONE THAT WE ACTUALLY TOOK YEARS AGO.I THINK IT WAS 2012 WAS LAST TIME WE TOOK ONE.
ANYWAY, WHEN THAT HAPPENS, THE JUDGE WILL ASK THE DEFENDANT, WHAT CAN YOU DO? AND THEN AGAIN THEY GET ANOTHER OPPORTUNITY TO MAKE A PAYMENT ARRANGEMENT.
AND THAT HAPPENED. SO THEY MADE ANOTHER PAYMENT ARRANGEMENT. THEY DID NOT KEEP IT.
SO WE COME BACK TO COURT, THE JUDGE SAYS WELL, YOU DIDN'T KEEP YOUR ARRANGEMENT, AND HE SENT THE HIGH SHERIFF TO PADLOCK THE DOORS. AND THAT WAS HOW THAT ONE ENDED,
WITH NO TAX GIVEN TO THE CITY. >> SPEAKER: HOW MUCH MONEY -- WHEN WE TAKE SOME OF THE COURT, WHAT ARE OUR LEGAL EXPENSES?
>> SPEAKER: DISTRICT COURT? THAT PARTICULAR ONE WAS ABOUT
RIGHT AT $6000, JUST UNDER SIX. >> SPEAKER: YOU'RE TALKING NINE TO TEN YEARS AGO, LEGAL FEES HAVE GONE UP.
IT DEPENDS ON HOURS BILLED THE KEY IS IT IS NOT WITHIN OUR RETAINER WITH THE CITY ATTORNEY'S OFFICE SO WE PAY BY THE HOUR FOR ALL OF THAT WORK, WHATEVER IT TAKES.
THAT IS ALSO ASKING THE BUSINESS TYPICALLY THEN HAS AN ATTORNEY AS WELL. IS AN EXPENSIVE THEM.
>> SPEAKER: SO THERE IS A COST ASSOCIATED WITH TAKING THEM TO
COURT? >> SPEAKER: YES, THERE IS A COST TO US ASSOCIATED WITH TAKING THEM TO COURT.
I DON'T KNOW -- IT DIDN'T START FROM WHEN WE DRAFTED THE REVOLUTION, BUT WHEN THEY HAD TO SEND A WARRANT TO DISTRICT DISTRICT COURT AND SIT DOWN AND WRITE THAT, OUR HOURS STARTED
PER WE ALSO HAVE STAFF HOURS. >> SPEAKER: AND MANY SITUATIONS THERE WILL BE A COST AND NO MONEY RECEIVED?
>> SPEAKER: EXACTLY. NO RETURN ON OUR INVESTMENT BASICALLY EXCEPT WE STOP THE BLEEDING OF WHAT HAPPENED.
BUT WE LOST ABOUT $30,000 ON THAT PARTICULAR ONE.
BUT WE PAID SIX TO TAKE THEM TO COURT.
HE WOULD HAVE STILL BEEN IN BUSINESS EARNING MONEY COLLECTING TAXES HAD WE NOT DONE ANYTHING BECAUSE HE REFUSED TO
PAY. >> SPEAKER: MY QUESTION IS, HOW OFTEN DOES THAT HAPPEN? I HEAR YOU SAYING THE LAST TIME WAS 2013. IS IT, DOES IT HAPPEN A LOT?
>> SPEAKER: WHAT HAPPENS A LOT IS WE HAVE A LOT OF TO LINK THE ACCOUNTS AND WE WORK WITH THESE PEOPLE TO GET THEM CAUGHT UP.
WHEN IT COMES TO CITY COUNCIL, WHEN WE BRING A RESOLUTION TO THE CITY COUNCIL, WE HAVE EXHAUSTED EVERYTHING WE COULD IN HOUSE. AND AS FAR AS HOW MANY WE BROUGHT TO CITY COUNCIL IN THE LAST TEN YEARS, MAYBE LESS THAN 15. AGAIN, WE HAVE STILL GOT ABOUT A THOUSAND ACCOUNTS WE HAVEN'T EVEN TOUCHED.
WE ARE GOING AFTER THE MOST EGREGIOUS ACCOUNTS, THE ONES THAT ARE SO FAR BEHIND OR THE LARGE TAX DOLLAR AMOUNTS THAT WE NEED TO COLLECT. WE HAVE TO NARROW IT DOWN BECAUSE WE HAVE A SMALL STAFF AND WE CAN'T GET TO EVERYBODY.
AND WE ARE HERE ASKING FOR HELP WITH THIS PART OF OUR PROCESSES TO LET IT STOP WITH THE CITY COUNCIL.
WE ALREADY HAVE TO BRING IT TO YOU TO MAKE A DECISION ANYWAY TO ALLOW US TO GO TO DISTRICT COURT IF IT STOPPED HERE, THEN YOU GET TO MAKE A DECISION A WHOLE LOT SOONER AND WE DON'T HAVE AN ADDITIONAL SIX OR SEVEN MONTHS OF DISTRICT COURT APPEARANCES WHERE WE HAVE TO ALLOW THEM TO STAY OPEN AS WE ARE MAKING DECISIONS AND COLLECT TAXES AND SO FORTH.
>> SPEAKER: TO BE CLEAR, WHEN YOU SAY LET US STOP HERE, YOU
MEAN CLOSE THE BUSINESS DOWN? >> SPEAKER: OR WHATEVER DECISION YOU MAKE, YES. BUT BRING IT TO YOU TO MAKE THEIR WISH YOU ARE GOING TO GET INFORMATION ANYWAY.
WE ARE GOING TO BRING YOU THE RESOLUTION TO CITY COUNCIL LIKE WE HAVE ALWAYS DONE WHEN WE NEEDED TO.
>> SPEAKER: SO WOULD THAT -- WITH THAT BEING SAID, ONCE CITY COUNCIL MESA DECISION, TO SHUT THE DIS- OR IF THE DECISION IS TO ALLOW THEM ADDITIONAL TIME AND IT DOESN'T HAPPEN ON LIKE IT DIDN'T HAPPEN IN COURT, DOES IT COME BACK TO CITY COUNCIL TO MAKE A DECISION OR -- I DON'T KNOW WHEN THE END OF THIS IS GOING TO BE AT THE END OF THE DAY, BUT IF THE CITY COUNCIL DO ALLOW THEM FOR ADDITIONAL TIME AND THEY DON'T, AT THAT POINT
[00:40:09]
WOULDN'T COME BACK TO CITY COUNCIL?>> SPEAKER: IT DEPENDS ON HOW YOU RULE.
YOU GET TO SET THE TERMS OF WHATEVER IT IS THE TERMS WE ARE GOING TO CLOSE THE BUSINESS, GIVE YOU TWO MORE MONTHS TO PAY, AND HAVE COME BACK THAT IS GOING TO BE IN YOUR RULING.
HOW THIS WORKS ULTIMATELY IF YOU WERE TO ADOPT THIS ORDINANCE AMENDMENT IN THE SECOND MEETING IN JANUARY, JANUARY 17, HOW IT WOULD ULTIMATELY WORK IS YOU, IF YOU EVEN AGREE TO A HEARING, YOU HAVE TO AGREE TO A HEARING IN ONE MEETING AND HAVE A HEARING IN THE SECOND MEETING, YOU THEN HAVE TIME BETWEEN THAT MEETING AND YOUR NEXT REGULARLY SCHEDULED MEETING TO RULE.
SO YOU HAVE TIME AS A COUNCIL TO DELIBERATE AND DECIDE AND TO ALL OF THOSE THINGS. WE DO HAVE OUTSIDE COUNCIL HERE, PAUL CLARK, WHO ALSO WORKS AT TIMES IN CONNECTION WITH OUR CITY ATTORNEY'S OFFICE AND PAUL ALSO HAPPEN TO BE THE ATTORNEY ON THE LAST CASE WE TOOK THE COURTS.
HE CAN CORRECT ME IF I'M WRONG ABOUT THE COUNCIL CAN AND SET
THE TERMS. >> SPEAKER: ABSOLUTELY.
>> SPEAKER: SO THAT WILL ULTIMATELY BE UP TO YOU AND THAT HAS BEEN ONE OF OUR BIG DEALS IS TO MAKE SURE THAT THE COUNCIL WHO IS ACCOUNTABLE TO THE CITIZENS IS MAKING THOSE DECISIONS AS OPPOSED TO THE COURT.
BUT THAT IS CERTAINLY UP TO YOU EITHER WAY.
>> SPEAKER: ARE THE LEGAL FEES INCURRED BY THE CITY, CAN THEY BE TACKED ON TO THE TAXES OWED IF THE COMPANY WERE TO MAGICALLY
PAY AT THE END OF THIS PROCESS? >> SPEAKER: I DON'T SEE WHY NOT
>> SPEAKER: FROM A LEGAL PERSPECTIVE THE ANSWER IS YES.
HOW THAT MECHANICALLY HAPPENS UNDER THE CITY'S CURRENT RETAINER AGREEMENT, THAT WOULD TAKE SOME PROCESSES TO DEVELOP THE STEPS NECESSARY TO ISOLATE THOSE PARTICULARIZED FEES.
>> SPEAKER: A QUESTION FOR THE CITY MANAGER.
YOU SAID THIS IS NOT COVERED UNDER OUR VARIOUS RETAINER AGREEMENTS, THIS POTENTIAL ACTION.
>> SPEAKER: THAT'S CORRECT. >> SPEAKER: I WOULD BE EXCLUDE THIS FROM A RETAINER AGREEMENT IF IT IS POTENTIALLY LEGAL ACTION OR EXPECT THERE ARE THINGS IN OUR RETAINER AGREEMENTS THAT ARE NOT COVERED ANY TIME LITIGATE AS ONE OF THEM SO CITY COURT IS TO WASH SHORT-TERM RENTALS WE ARE LITIGATING THAT. WE HAVE OUTSIDE COUNCIL AND BE PAY INSIDE COUNCIL. OUR CITY ATTORNEY'S BY THE HOUR FOR EVERY BIT OF WORK THEY HAVE DONE FOR THAT.
THE RETAINER IS FOR OUR DAILY WORK.
WE DRIVE OUR CITY ATTORNEY'S OFFICE A LITTLE CRAZY PROBABLY MOST OF MY DEPARTMENT HEADS IN HIS ROOM TALK TO SOMEBODY ON OUR LEGAL TEAM ONE TODAY AND THEN SOME OF THEIR STAFF MEMBERS DO AND SO ON. WE HAVE A MILLION AND ONE QUESTIONS ABOUT LEGAL INTERPRETATION OF THINGS.
THAT IS WHAT IS COVERED IN OUR RETAINER IS DAILY WORK AND ADVICE FOR ORDINANCES WE ARE ESTABLISHING.
LIKE THE ESTABLISHMENT OF THIS ORDINANCE IS PART OF OUR RETAINER BUT IF WE HAVE TO LITIGATE IT IS NOT.
>> SPEAKER: THANK YOU. >> SPEAKER: MEGAN, WITHOUT THOSE EXCLUSIONS, WOULD I WOULD ASSUME OUR RETAINER WOULD BE
MORE EXPENSIVE THAN IT IS? >> SPEAKER: WE WOULD HAVE TO FIGURE. RIGHT NOW I SAT DOWN WITH THE CITY ATTORNEY. WE ARE 30 PLUS THOUSAND DOLLARS OUT FROM THE LAST FISCAL YEAR. YOU ROLL THE DICE IN THE BEGINNING OF THE FISCAL YEAR. WE ARE $30,000 TO THE GOOD AND HE IS OUT $30,000. IF YOU BUILD ALL OF THE HOURS THEY SPENT ON OUR ITEMS. THAT'S FINE, THAT GOES BACK AND FORTH. WE DON'T TRUE UP AT THE END.
THAT IS JUST THE COST OF DOING BUSINESS.
BUT WE DO PAY FOR THERE IS A LOT OF THINGS WE HAVE WORK WE DO WITH AUBURN UNIVERSITY ON THINGS, WITH THE CLEARY ACT, ALL KINDS OF THINGS. THAT IS OUTSIDE OF OUR RETAINER.
AND THAT IS COMMON AND HAS BEEN THE WAY THAT I DON'T WANT TO BALLOON OUR RETAINER $300,000 EXTRA TO COVER WHAT IF.
WE KEEP THE RETAINER AS LEAN AS POSSIBLE AND WE PAID FOR THE
WHAT IF SEPARATELY. >> SPEAKER: A COUPLE OF OBSERVATIONS. WE AVOID THE COST OF COURT WITH THIS KIND OF AN ORDINANCE. WE AVOID TIME, SO THE ADDITIONAL TAXES DON'T ADD UP. AND WE HOPEFULLY WILL COME UP WITH A FAIR DECISION, THAT IS PRESUMED HERE.
AND NEVER DID I HEAR THE WORD REVOCATION, AND IT OCCURRED TO ME THAT JUDGES DON'T PULL LICENSES.
THEY DOLE OUT JAIL TIME, THEY DOLE OUT FEES OR FINES I GUESS.
BUT THEY DON'T PULL LICENSES. SO I DON'T THINK THERE IS A MECHANISM IN PLACE THROUGH THE COURT SYSTE
IS THAT TRUE OR NOT? >> SPEAKER: IT IS TRUE.
[00:45:01]
PAUL, DO YOU WANT TO GET TO THE MICROPHONE?>> SPEAKER: AS PART OF THE INJUNCTIVE POWER OF COURTS, THEY CAN ENJOIN THE LICENSE, THEY CAN PULL THE LICENSE ARE TYPICALLY THAT DOES NOT HAPPEN TO HER IT WAS THIS AFTERNOON THAT LOIS RIESS REMINDED ME OF THAT 2013 DISTRICT COURT APPEARANCE IN WHICH WE TOOK A LOCAL BUSINESS TO COURT.
BUT WE ASKED A BROAD-BASED INJUNCTION IN THAT PARTICULAR MATTER WHICH WOULD INCLUDE SHUTTING DOWN THE BUSINESS, PAD LOCKING THE BUSINESS. AND SO HAD AT ANY POINT IN TIME DURING THAT LITIGATION THE BUSINESS OWNER COMPLIED WITH THE PAYMENT SCHEDULE THAT HE AGREED TO AS PART OF THE DISTRICT COURT LITIGATION AT THE VERY END OF THE PROCESS, THEN WE WOULD NOT HAVE EVEN SOUGHT THAT PARTICULAR INJUNCTION TO SHUT DOWN THE
BUSINESS. >> SPEAKER: IS THE OPTION TO REVOKE A LICENSE OR ENJOIN A LICENSE ONLY AVAILABLE AT THE DISTRICT COURT OR CANNOT HAPPEN IN MUNICIPAL COURT LEVEL?
>> SPEAKER: THAT'S A GOOD QUESTION THAT I DON'T KNOW THE ANSWER TO. TYPICALLY WE WOULD NOT SEE A MUNICIPAL COURT ISSUING BROAD-BASED INJUNCTIONS.
THAT IS ONE OF THE REASONS I BELIEVE THAT WE WENT TO DISTRICT
COURT AT THAT PERIOD OF TIME. >> SPEAKER: THAT'S CORRECT.
IN 2007 I TALKED ABOUT THIS. A LOT OF CITIES INCLUDING OPELIKA THERE WAS A BUSINESS LICENSE REFORM ACT WE DID NOT OPT INTO IT AT THAT TIME BECAUSE I WOULD THEN BE VISIBLE JUDGED BELIEVED WE AUTHORITY FOR HIM TO REVOKE BUSINESS LICENSES AND IT TURNS OUT WITHOUT THIS PROVISION WE DO NOT HAVE THAT AUTHORITY.
MANY YEARS AGO THE CITY DID HAVE THE AUTHORITY.
SO THERE WAS A 2007 STATEWIDE BUSINESS LICENSE REFORM ACT OF WHICH LOIS RIESS ALSO REMINDS ME WE WERE AT AUTHOR OF THAT AND THE REASON WE BACKED OFF ON ASPECTS OF THAT AT THE TIME IS WE WERE ADVISED WE HAD THAT AUTHORITY AND IT TURNS OUT WE DO NOT. AND THAT MEANS WE THE MUNICIPAL
JUDGE DOES NOT HAVE THE MAJORITY >> SPEAKER: TYPICALLY YOU WOULD SEE THE MUNICIPAL COURT HANDLE THINGS LIKE THE CRIMINAL ASPECT OF NOT PAYING UNDER AN ORDINANCE , WHICH WOULD INCLUDE FINES AND/OR JAIL TIME. BUT AGAIN THAT WAS NOT THE DIRECTION WE WENT IN IN 2013 BECAUSE AGAIN THAT DOES NOT PRODUCE THE RESULTS THAT ARE CONDUCIVE TO COLLECTING THAT AMOUNT. YOU PUT A PERSON IN JAIL, THEY TEND NOT TO PAY AFTERWARD. 'S BACK WHEN THE 2007 REFORM WAS DONE, WAS THE ACT PUT IN PLACE AS IT'S WRITTEN NOW?
HAS BEEN CHANGED? >> SPEAKER: BASICALLY THE ACT AS IT WAS PUT IN PLACE IN OTHER CITIES YOU MEAN? THE LANGUAGE ONE OF THE THINGS THE LANGUAGE YOU SEE IN THIS ORDINANCE, I WILL HAVE PAUL STAY UP TO GET THE NONFINANCIAL SIDE OF IT. ULTIMATELY, THE LANGUAGE THAT YOU SEE AND ALLISON TOUCHED ON THIS IN THIS ORDINANCE, THE COMMON LANGUAGE YOU SEE UP AND DOWN THE STATE OF ALABAMA AND IT DERIVES FROM THE 2007 TAX WHICH WAS DONE AT THE STATE LEVEL.
>> SPEAKER: MUNICIPALITIES FROM ACROSS THE STATE CAME TOGETHER AND THERE WERE A COUPLE OF PEOPLE, A COUPLE OF CITIES WHO WERE LEADS ON THIS. THEY AUTHORED THIS WITH THE HELP OF THE LEGALLY PRINCIPALITY'S. THAT LANGUAGE WAS IN THEIR
ACROSS THE BOARD. >> SPEAKER: THAT IS WHY YOU SEE IT SO COMMON IN THE ORDINANCES THAT WE HAVE SEEN.
I THINK TOUCHING ON THAT THERE IS A WHOLE OTHER COMPONENTS.
ONE OF THESE THESE I WANT THE TRADE TO COVER TRICK IF YOU DON'T HAVE A BUSINESS LICENSE, THIS RUNS PAST A YEAR AND YOU ARE SUPPOSED TO RENEW YOUR LICENSE ANNUALLY.
DO WE HAVE THE AUTHORITY THEN SHUT YOU DOWN?
>> SPEAKER: NO. >> SPEAKER: THERE HAS BEEN SOME CONFUSION. I THINK THE QUESTION IS, OUR BUSINESS IS OPERATING WITHOUT A BUSINESS LICENSE AND SO COLLECTING OUR TAXES AND STILL NOT PAYING AND THEY DON'T HAVE A BUSINESS LICENSE AND SO THE ANSWER IS YES? THAT IS THE CASE. BECAUSE WITHOUT GOING TO DISTRICT COURT OR YOU PASSING THIS PROVISION AND AN ORDINANCE WE CANNOT SHUT THEM DOWN OR KEEP THEM.
>> SPEAKER: ARE WE ABLE TO TRACK THE NUMBER OF BUSINESSES
THAT ARE DOING THAT? >> SPEAKER: WHEN WE FIND THEM.
I DON'T WANT TO PAINT A PICTURE THAT WE JUST GOT EVERYTHING UNDER CONTROL HERE, BUT THERE ARE BUSINESSES THAT WE KNOW OUR OPERATING WITHOUT A LICENSE. YES.
BECAUSE WE HAVE NOT ISSUED THAT LICENSE.
SO WE DO TRACK THOSE. AND WE KNOW WHO THEY ARE.
>> SPEAKER: I ASSUME THOSE BUSINESSES ARE NOT PAYING THEIR
TAXES AS WELL OR ARE THEY? >> SPEAKER: WELL, WHEN I SAY THEY DON'T HAVE A LICENSE, WE HAVE NOT ISSUED THE LICENSE.
BECAUSE THEY OWE BACK TAXES. >> SPEAKER: I UNDERSTAND.
>> SPEAKER: ALSO, THERE ARE TIMES, IT DOESN'T MEAN THE STATE IS NOT GETTING THEIR MONEY OR DOESN'T MEAN THAT THE STATE
[00:50:03]
HASN'T TAKEN OF THE COURTS. ONCE THEY GET THEM INTERESTED COURTS WE HAVE TO TAKE A NUMBER AND WAIT FOR THEM TO FINISH THEIR PROCESS BEFORE WE CAN GET TO THEM.MEANWHILE, SAID BUSINESSES HANGING OUT THERE DOING WHATEVER AND WE ARE STILL STUCK NOT GETTING OUR MONEY NOR CAN WE FILE ON TOP OF THEM AND GO TO COURT.
WE HAVE TO WAIT FOR THE STATE TO FINISH.
>> SPEAKER: WE ARE NOT ALWAYS THE ONLY VICTIMS IN THE CASE.
WE HAVE HAD LANDLORDS. THEY WERE GETTING THEIR MONEY.
IT IS A LOT OF -- IT IS NOT JUST THE CITY.
IT AFFECTS THE OTHER CITIZENS AND THE OTHER PROPERTY OWNERS IN OUR TOWN AS WELL BECAUSE THEY ARE BEHIND AND THEY ARE THERE AND TAKING UP SPACE AND WE JUST WANT THEM TO COME INTO COMPLIANCE WITH WHAT IS ALREADY IN PLACE.
OUR ORDINANCES THAT ARE ALREADY SET, WE JUST WANT THEM TO ABIDE BY THE RULES. FAIRNESS.
>> SPEAKER: AND THE FINANCIAL PEACE, YOU DO YOU HAVE ANY MORE QUESTIONS, I WANT TO JUMP TO THE HEALTH SAFETY PART.
WHY I SAID WHAT I SAID EARLIER IS PEOPLE ARE COMING UP WITH A LOT OF QUESTIONS AS IF YOUR SIGN IS ILLEGAL AND WE ARE GOING TO INVOKE THIS PROVISION UNDER HEALTH SAFETY WELFARE.
TO SHUT YOU DOWN. I WANT PAUL TO TOUCH ON A BASIC POWER OF A CITY IS A POLICE POWER TO HELP PROTECT THE HEALTH SAFETY AND WELFARE PICK IF WE DON'T INVOKE THAT AUTHORITY WE HAVE NO RIGHT TO HAVE ZONING, WE HAVE NO RIGHT TO DO A LOT OF THINGS THAT WE DO. IT IS A VERY BASIC FUNDAMENTAL RIGHTS AND ALLISON TOUCHED ON, YOU CAN'T BE ARBITRARY AND CAPRICIOUS IN YOUR APPLICATION OF HEALTH SAFETY AND WELFARE.
THESE ARE FOR EXTREME CIRCUMSTANCES AND I AS I HAVE MENTIONED BEFORE, AND THE SAME TIME FRAME THE TREES WAS MENTIONING IN THE 2012, 13 TIME FRAME WE DID SHUT ONE BUSINESS DOWN UNDER HIS CURRENT STATE LAW BUT IT IS ONLY APPLICABLE TO HOUSES OF ENTERTAINMENT AND PLACES THAT SELL DEADLY WEAPONS.
AND THAT WAS WE HAD HAD SOME ISSUES WITH SHOOTINGS AND OTHER THINGS GOING ON AT A PARTICULAR BUSINESS AND THE COUNCIL TOOK OBJECTION TO THAT AS PUBLIC SAFETY DID, AND OTHERS IN THE CITY COUNCIL DID VOTE TO CLOSE THAT BUSINESS.
AND ABSOLUTELY. BUT OF THAT BUSINESS HAD BEEN SOMETHING ELSE, THEY WERE SELLING LAWN EQUIPMENT IN THE SAME THING WAS GOING ON THERE AND YOU ARE HAVING SHOOTINGS, I'M NOT SAYING THAT WOULD HAPPEN , BUT JUST AS AN EXAMPLE, COUNCIL WOULD NOT OF HAD THE AUTHORITY TO MAKE THE DECISION.
IN THE WHOLE WAY WE JUSTIFY THAT IN A POLICE POWER HEALTH SAFETY WELFARE THREATENED BY THAT BUSINESS BEING OPEN AN ACTIVITY GOING ON THERE. PAUL, DO YOU WANT TO TOUCH ON
THAT? >> SPEAKER: I HAVE A QUESTION OF THE FINANCE PART. IF THERE IS BASICALLY NO CONSEQUENCES AND THEY ARE NOT HAVING A BUSINESS LICENSE, WHY WOULD ANYBODY BOTHER TO APPLY AND GET A FEE FOR BUSINESS
LICENSE? >> SPEAKER: THAT IS WHY WE ARE WANTING THE COUNCIL TO MAKE THIS DECISION.
BECAUSE WE WANT THERE TO BE CONSEQUENCES BEHIND NOT GETTING A LICENSE. THAT IS YOUR BUSINESS CANNOT
OPEN THE DOOR. >> SPEAKER: THERE ARE OTHER BACK AND CONSEQUENCES. IF YOU ARE BRAND-NEW AND YOU JUST BUILD THE BUILDING AND YOU CAN'T GET A BUSINESS LICENSE WITHOUT A CERTIFICATE OF OCCUPANCY.
THERE ARE OTHER TRIGGERS AND MECHANISMS. WE ARE TALKING ABOUT PEOPLE TYPICALLY THAT HAVE BEEN OPERATING THAT NOW DON'T HAVE A BUSINESS.
THEY HAD A BUSINESS LICENSE AND NOW THEY DON'T HAVE ONE AND WE DON'T HAVE A MECHANISM TO SHUT THEIR DOORS.
>> SPEAKER: HOW DOES THIS WORK PRACTICALLY? DO WE SEND A POLICE OFFICER OR PUBLIC SAFETY INDIVIDUAL TO THE
BUSINESS THE CHAIN THE DOOR? >> SPEAKER: NOT UNTIL WE HAVE THE AUTHORITY FOR THE CITY COUNCIL OR THE DISTRICT COURT TO DO SO AND THE DISTRICT COURT, THE HIGH SHERIFF HAVE TO GO LOCK THE DOOR FOR TYPICALLY, IF IT IS THROUGH THIS ORDINANCE I AM NOT SURE IF IT IS STILL THE SHERIFF OR FIT IS --
>> SPEAKER: I THINK IT IS THE CITY'S BACK I THINK IS THE CITY IF YOU ADOPT THIS ORDINANCE. PAUL -- KELLEY, DID THAT ANSWER
YOUR QUESTION? >> SPEAKER: IF THEY ARE ALREADY OPERATING IN TOWN, LET THERE LICENSE LAPSE --
>> SPEAKER: WE DO HAVE INCENTIVE TO TAKE THAT THE COURT , MUNICIPAL COURTS IF YOU ARE A BRAND-NEW BUSINESS AND YOU DECIDE TO OPEN UP WITHOUT A LICENSE.
YOU HAVE NOT COME IN TO APPLY FOR YOUR LICENSE.
THEN WE HAVE THE ABILITY TO TELL YOU TO STOP YOUR BUSINESS.
YOU ARE IN VIOLATION. >> SPEAKER: ARE THEIR FEES
ASSOCIATED WITH THAT AS WELL? >> SPEAKER: YES.
THERE ARE FINES AND FEES. >> SPEAKER: BUT IF YOU ARE AN
EXISTING BUSINESS -- >> SPEAKER: IF YOU ARE AN EXISTING BUSINESS AND HAVE BEEN OPERATING, WE CAN'T STOP YOU
FROM OPERATING. >> SPEAKER: I WANT TO REMIND YOU, WE HAVE OVER 7100 PEOPLE THAT ARE LICENSED.
YOU ARE TALKING ABOUT A RARITY BUT THE FRUSTRATION IS I THINK PEOPLE ASSUME WHEN YOU CYCLE A YEAR, WITH A BUSINESS LICENSE,
[00:55:01]
WE HAVE GOT YOU THERE NOW WE CAN SHUT YOU DOWN BECAUSE YOU DIDN'T RENEW YOUR BUSINESS LICENSE. I CAN TELL YOU OUR STAFF IS A GREAT JOB OF CHASING A LOT OF VERY ASTUTE AND KINDA BUSINESS PEOPLE WHO DO PAY, BUT WE SPENT A LOT OF TIME REMINDING THEM AS DEADLINES GET CLOSE PLEASE COME IN AND RENEW YOUR BUSINESS LICENSE SO YOU DON'T GET PENALTIES.WE DON'T ENJOY ASSESSING PENALTIES.
>> SPEAKER: AND COUNCIL I AND I HAVE BEEN INVOLVED SINCE I'VE BEEN A COUNCILMEMBER WE HAVE THE RIGHT TO WAVE THOSE PENALTIES, ESPECIALLY IF STAFF RECOMMENDS, IT IS THE FIRST TIME IT IS
HAPPENED. >> SPEAKER: THEY PAY PENALTIES, THEY HAVE TO PAY CERTAIN PENALTIES FOR BEING DELINQUENT,
IT IS A LATE FEE PROVISION. >> SPEAKER: FOR BUSINESS LICENSES IS 30 PERCENT TO 50 PERCENT FOR THE FIRST 30 DAYS THAT YOU ARE DELINQUENT AND THEN 30 PERCENT PERIOD.
>> SPEAKER: CONNIE, DID YOU HAVE ANOTHER QUESTION?
>> SPEAKER: YES, IT GOES BACK TO WHEN THEY GO BEFORE THE COURT AND THE LAST OPTION FOR THE JUDGE IS TO PUT THEM IN JAIL OR THEY PAY FINES. HE SAID AT THE END OF THE DAY, THEY PROBABLY STILL ARE NOT GOING TO PAY THE COST AND EVERYTHING. WHAT IS JAIL TIME? AND MUST BE A COUPLE OF DAYS OR SOMETHING THAT --'S BACK I WOULD HAVE TO LOOK AT THE ORDINANCE SPECIFICALLY TO KNOW THE PARTICULAR RIGHT NUMBER OF DAYS. IT WOULD JUST BE A NUMBER OF DAYS. IT WOULD BE A VIOLATION, NOT A MISDEMEANOR. IT WOULD BE A MINIMAL AMOUNT OF
JAIL TIME. >> SPEAKER: WHEN THEY GO TO JAIL, I THOUGHT THAT WHEN SOMEBODY GO TO JAIL THERE IS
RESTITUTION BEHIND THAT. >> SPEAKER: NOT IN THIS PARTICULAR RIGHTS CASE. THERE IS NO INDIVIDUAL VICTIM.
THERE ARE LAWS THAT GOVERN RESTITUTION TO INDIVIDUAL VICTIMS, NOT MUSICALITY'S. MUNICIPALITIES CAN RECOUP COSTS AND RESTITUTION OF PROPERTY IS DAMAGED IN A CRIMINAL ACT, BUT NOT PAYING FEES IS NOT THE TYPE OF RESTITUTION THAT WOULD BE AVAILABLE TO YOU THROUGH A MUNICIPAL COURT.
>> SPEAKER: MY WHOLE THOUGHTS ON THE CITY COUNCIL HAVING SOMETHING TO DO WITH IT, IF THE COURTS CAN'T GET THE MONEY, HOW IS THE CITY COUNCIL GOING TO BE ABLE TO DO THIS? AND I KNOW THAT THEY PROBABLY TALK AMONGST CITY COUNCIL IS THIS IS SOMETHING WE DECIDE TO DO.
I'M JUST TRYING TO FIGURE OUT AT THE END OF THE DAY IF THEY ARE NOT GOING TO PAY THE COST THAN THE BUSINESS WILL STILL STAY
OPEN? >> SPEAKER: THE ORDINANCE WE ARE PROPOSING WOULD ALLOW THE CITY COUNCIL TO MAKE A DECISION WHETHER THE BUSINESS CAN STAY OPEN OR NOT.
AT THAT STAGE IF THE CITY COUNCIL DEEMS THAT THEY WERE GOING TO CLOSE THE BUSINESS FOR NONPAYMENT, AFTER A TREMENDOUS AMOUNT OF EVIDENCE AND DISCUSSION, THAT MEANS THE DOORS WOULD BE LOCKED BY A PUBLIC SAFETY OFFICIAL, A POLICE OFFICER OR THEY WOULD NOT BE ABLE TO OPERATE.
THAT'S WHAT THAT MEANS THEN THE COURT HAS THE SAME AUTHORITY.
MUNICIPAL COURT IS WHAT YOU ARE REFERRING TO IN THE DISTRICT DISTRICT COURT IS A DIFFERENT SIDE OF THAT.
REAL QUICKLY, POLICE POWERS, A LOT OF YOU HAD A LOT OF QUESTIONS ABOUT -- AND I THINK THERE IS NOT A GENERAL UNDERSTANDING ABOUT POLICE POWERS AND HEALTH SAFETY WELFARE AND WHAT THAT REALLY MEANS AND I UNDERSTAND AND RESPECT WHAT A LOT OF PEOPLE HAVE HAD TO SAY. WHEN WE SAY VIOLATION UNDER COLOR OF SUCH LICENSE, OF ANY ORDINANCE OF THE CITY, IT MEANS A LOT OF THINGS AND IT CAN MEAN ANYTHING THAT WE HAVEN'T ANTICIPATED TO DATE. CERTAINLY WHAT IT DOESN'T MEAN IS A MINOR VIOLATION OF THE ZONING ORDINANCE.
IT DOESN'T MEAN WE HAVE OTHER MECHANISMS. IF YOU ARE SPEWING RAW SEWAGE, THAT IS A PUBLIC SAFETY WELFARE ISSUE AND WE HAVE OTHER MECHANISMS TO DEAL WITH THAT BECAUSE THAT COULD REALLY MAKE THE PUBLIC SICK.
WHAT WE ARE TALKING ABOUT MOST OFTEN ARE CRIMINAL ACTS GOING ON OF WHICH THE CURRENT STATE LAW DOES NOT COVER, AND WE ARE ALSO NOT TALKING ABOUT AN EMPLOYEE WHO HAS BEEN WORKING AT A BUSINESS IS OFF FOR THE NIGHT, HAS A FEW DRINKS AND GETS A DUI.
THAT HAS NOTHING TO DO WITH THE BUSINESS AND THAT HAS BEEN A CONCERN OF SOME FOLKS. BUT IT DOES MEAN IF YOUR EMPLOYEES ARE DEALING DRUGS OUT OF YOUR BUSINESS, AND IT IS CONSIDERED A PUBLIC HEALTH SAFETY WELFARE THREATS AND YOU HAVE DONE NOTHING ABOUT US AND THE COUNCIL DEEMS THIS IS A PUBLIC HEALTH SAFETY WELFARE THREAT TO THE CITY, THAT DOESN'T MEAN IT GIVES YOU THE AUTHORITY TO CHOOSE WHETHER OR NOT TO CLOSE THEM DOWN. YOU MAY DEEM, OKAY OWNER HAD NO KNOWLEDGE AND WE ARE OKAY WITH THIS AND IT IS BEEN CLEANED UP IN THE BUSINESS CAN REMAIN IN OPERATION, BUT IT IS PUTTING THE AUTHORITY IN YOUR HANDS. DO YOU WANT TO GO OVER POLICE
POWERS? >> SPEAKER: BRIEFLY, MY ROLE AS OUTSIDE COUNCIL FOR THE CITY INTERSECTS WITH THIS ISSUE QUITE OFTEN AND IN PARTICULAR IN RELATION TO THE SHORT-TERM
[01:00:02]
RENTAL ORDINANCE LITIGATION. THIS BODIES AUTHORITY TO IMPLEMENT ZONING ORDINANCES ARISES FROM THE POLICE POWER.YOU HEAR THAT PHRASE USED AND IT IS SIMPLY THIS BODIES AUTHORITY TO LEGISLATE ON A LOCAL LEVEL TO PROTECT AND PROMOTE THE SAFETY, HEALTH, WELFARE AND MORALS OF THE CITIZENRY OF AUBURN.
THAT POWER IS SPECIFICALLY DELEGATED TO MUNICIPALITIES IN THE STATE BY THE STATE LEGISLATURE.
AS MANY OF YOU KNOW, IN ALABAMA, THE ONLY AUTHORITY INHERENT AUTHORITY TO GOVERN AND LEGISLATE IS WITH THE STATE.
MUNICIPAL CORPORATIONS LIKE THE CITY OF AUBURN HAVE NO INHERENT POWERS. ONLY THE POWERS THAT HAVE HAD BEEN DELEGATED TO THEM BY THE STATE THROUGH THE LEGISLATIVE PROCESS. AND THE STATE HAS SPECIFICALLY DONE THAT'S IN RELATION TO GENERATING ORDINANCES, WHICH PROTECT AND PROMOTE THE SAFETY, HEALTH, WELFARE AND MORALS OF ITS CITIZENS. AND SO THE PRIME EXAMPLE HAS ALREADY BEEN TALKED ABOUT BRIEFLY.
IT IS THE ZONING ORDINANCES. ANY TIME A CITY PASSES A ZONING ORDINANCE, THE FIRST QUESTION IS , DOES IT HAVE ANY RELATION TO THOSE FOUR THINGS? IF IT DOESN'T HAVE ANY RELATIONSHIP TO ANY OF THOSE THINGS, THAT IT IS NOT A VALID ORDINANCE. HOWEVER, IF THERE IS EVEN AN ARGUABLE CONNECTION, WITH A CALL IN LAW A SUBSTANTIAL RELATIONSHIP TO THE SAFETY, HEALTH, MORALS AND WELFARE OF THE CITIZENRY, THEN THAT IS PRESUMED IN COURT TO BE A VALID ORDINANCE. AND SO SOMEONE CHALLENGING A ZONING ORDINANCE THAT HAS A SUBSTANTIAL RELATIONSHIP TO ANY OF THOSE FOUR CATEGORIES OR ALL OF THEM, HAS TO OVERCOME THAT PRESUMPTION AS PART OF LITIGATION.
NOW, THAT POWER IS SPECIFICALLY LIMITED TO THE CREATION OF LEGISLATION BY A MUNICIPAL GOVERNING BODY.
THAT IS YOUR JOB IS TO LEGISLATE.
THE ENFORCEMENT OF ANY LEGISLATION GENERALLY FALLS ON STAFF MEMBERS, BUT EVEN MORE PARTICULAR IN OUR FORM OF GOVERNMENT HERE IN THE CITY OF AUBURN, IT IS SPECIFICALLY RELEGATED TO THE STAFF OF THE CITY, NOT THE LEGISLATIVE BODY.
THERE ARE PROHIBITIONS IN THE STATE CODE WHICH PROHIBITS U.S.
LEGISLATORS FROM ENFORCING THE DAY-TO-DAY OPERATIONS OF THE LEGISLATION THAT YOU CREATE. THERE ARE INTENTIONALLY NOT A LOT OF RESTRICTIONS ON WHAT IS SAFETY, HEALTH, WELFARE AND MORALS. THERE IS NO CASE LAW IN THE STATE OF ALABAMA THAT SPECIFICALLY DEFINES ANY OF THOSE TERMS. THERE IS NO STATUTE IN THE CITY OF ALABAMA THAT SPECIFICALLY DESIGNS THOSE TERMS AND THAT IS PURPOSEFUL. BECAUSE THAT THAT GIVES YOU VERY BROAD AUTHORITY TO LEGISLATE ON THOSE TOPICS AS THE LOCAL GOVERNMENT DEEMS NECESSARY FOR ITS CITIZENS.
SO IT GIVES YOU AS MUCH POWER AS IT CAN WITH TWO PRIMARY RESTRICTIONS. NUMBER ONE, THE CITY LEGISLATION CANNOT CONFLICT WITH STATE LAW. NOT THE STATE CONSTITUTION, NOT TO STATE STATUTES, NOT REGULATIONS THAT THE LEGISLATURE HAS EMPOWERED A BODY TO CREATE. AND SO THAT IS THE FIRST QUESTION ANYONE ASKS WHEN THEY LOOK AT A CITY ORDINANCE BASED ON THE POLICE POWER. DOES IT CONFLICT WITH ANOTHER STATE LAW? THE SECOND LIMITATION ON YOUR AUTHORITY TO LEGISLATE UNDER THE POLICE POWER HAS ALREADY BEEN MENTIONED TONIGHT AS WELL, AND IT IS PROBABLY THE BROADEST OF THE TWO PRIMARY RESTRICTIONS, AND THAT IS THAT NEITHER THE LEGISLATION ITSELF NOR THE ENFORCEMENT OF THAT LEGISLATION CAN EITHER BE ARBITRARY OR CAPRICIOUS.
SO THAT MEANS YOU CAN'T CREATE A ZONING ORDINANCE TO ADDRESS A SINGLE CITIZEN. THAT IS ARBITRARY AND CAPRICIOUS. YOU CAN CREATE A ZONING ORDINANCE UNDER THE POLICE POWER THAT BROADLY ADDRESSES THE NEEDS OF THE ENTIRE COMMUNITY, OR PORTIONS OF THE COMMUNITY, BUT YOU CAN'T SINGLE OUT INDIVIDUALS, YOU CAN'T SINGLE OUT PIECES OF PROPERTY, YOU CAN'T SINGLE OUT BUSINESSES INDIVIDUALLY OR EVEN CLASSIFICATIONS OF BUSINESSES INDIVIDUALLY EXPECT CAN YOU SINGLE OUT PARTICULAR
VIOLATIONS? >> SPEAKER: AND CERTAINLY WHEN YOU GET TO THE ENFORCEMENT SIDE. WHEN YOU CREATE LEGISLATION THAT PROVIDES ENFORCEMENT PROTOCOLS WITH IN IT, OBVIOUSLY THE PEOPLE WHO ARE GOING TO BE ON THE RECEIVING END OF THE ENFORCEMENT
[01:05:05]
ARE THE VIOLATIONS OF THE STATUTE.BUT YOU ARE NOT SAYING THOSE VIOLATORS ARE ABC BUSINESS, BECAUSE YOU ARE NOT CREATING THIS LEGISLATION BECAUSE A PARTICULARIZED BUSINESS IS NOT PAYING HIS TAXES.
YOU ARE CREATING THIS BECAUSE THERE IS A PROBLEM WITH PEOPLE NOT PAYING THEIR TAXES AND THERE IS NO PARTICULARIZED ENFORCEMENT FOR THOSE VIOLATORS. SO CERTAINLY VIOLATORS IF THEY ARE OF THE GENERAL CLASS OF CITIZENRY ARE ACCEPTABLE, BUT IF YOU ATTEMPT TO SINGLE OUT ANY PARTICULAR PERSON OR CLASS OF BUSINESS THAT IS NOT VIOLATING THE OTHER PORTIONS OF THE STATUTE -- STATUTE, THAT WOULD BE SUBJECT AND THAT COULD BE CHALLENGED IN COURT FOR IS NOT THE CASE HERE.
THE LEGISLATION BEFORE THIS BODY FOR APPROVAL DOES NOT DO THAT.
IT DOES NOT SINGLE OUT ANY PARTICULAR BUSINESS, INDIVIDUAL
OR EVEN GROUP OF BUSINESSES. >> SPEAKER: BUT PAUL, IF I WERE GOING TO BRING SOMETHING FORWARD TO THE COUNCIL, COUNCIL DOESN'T HAVE THE AUTHORITY UNDER THIS ORDINANCE OR BRING ANY SUCH VIOLATION FORWARD. I WOULD HAVE VETTED THAT WITH OUR LEGAL TEAM AND BETTER MEET ALL OF THE SELF THE WORST HEALTH SAFETY TESTS AND PROBABLY SOMETHING COUNCIL'S HAD SOMETHING TO ME ABOUT OR IS CONCERNED ABOUT OUR PUBLIC SAFETY IS COMPORTS ARE CONCERNED ABOUT.
THESE ARE EXTREMELY RARE AND I HAVE GIVEN EXAMPLES OF OTHER CITY. A CITY IN SOUTH ALABAMA SOMEONE WAS DEALING DRUGS OUT OF A TIRE SHOP IN THE POLICE CAME THROUGH THE GOVERNING BODY AND SAID LOOK, WE HAVE ARRESTED MULTIPLE PEOPLE AND WE HAVE SURVEILLANCE VIDEO PICK WE HAVE ALL OF ITS BUT WE ARE ASKING YOU NOT KEEP HIS BUSINESS OVER BECAUSE THIS IS A THREAT TO THE COMMUNITY AT THE MOMENT AND CITIZENS CAME OUT AND SAID WE LOVE THIS BUSINESS PLEASE SO CLOSE IT.
IT WENT BACK AND FORTH A BIT PICK BUT THE COUNCIL ULTIMATELY VOTED TO CLOSE IT. WHAT IT MEANS IS IT IS PUTTING THAT AUTHORITY IN YOUR HANDS WITH EVIDENCE.
YOU GET EVIDENCE LIKE ANYBODY ELSE GUESS AND YOU MAKE A DECISION. BUT I WILL TELL YOU IN TERMS OF HOW THE CITY MANAGER WOULD ENFORCE THIS, THIS BETTER BE SOMETHING EXTREME AND IT BETTER BE SOMETHING THAT IS A MAJOR THREAT SPIRIT THIS IS NOT SOMETHING THAT ANY OF US WANT TO DO BUT IF WE FELT THE NEED TO DO IT IN MY PUBLIC SAFETY DEPARTMENT IS ADVISING ME WE HAVE A SERIOUS ISSUE THAT I'M GOING TO BRING IT TO YOU AND PUT THAT IN YOUR HANDS.
>> SPEAKER: WHY DOES THE STATE CODE ONLY ADDRESS TWO TYPES, TWO CATEGORIES? PLACES OF ENTERTAINMENT AND THOSE WHO OPERATE OR SELL DEADLY WEAPONS? DO WE HAVE ANY UNDERSTANDING OF WHY JUST THOSE TWO CATEGORIES AND WHY IT IS NOT WERE BROAD AT THE STATE LEVEL?
>> SPEAKER: KNOW, IS THE ANSWER TO THAT QUESTION.
THERE ARE LOTS OF THINGS WITHIN THE CODE OF ALABAMA THAT WE CAN QUESTION ONCE WE SEE THE ENFORCEMENT AND WE GET FURTHER INTO THE ENFORCEMENT AND CAN QUESTION THE WISDOM OF.
UNFORTUNATELY, I THINK THE SHORT ANSWER TO THAT QUESTION IS THOSE ARE THE ONLY TWO THINGS THAT SOME STATE LEGISLATURE HAS PROPOSED FOR THE STATE TO ADDRESS.
>> SPEAKER: LIKE I SAID, IT IS AN UNUSUAL MOVE THAT YOU DO HAVE THE AUTHORITY FOR REVOCATION, MEANING IF YOU SO CHOOSE TO ADOPT AN ORDINANCE THAT ALLOWS THAT.
AS WE DISCUSSED BEFORE, YOU OFTEN HAVE LIMITED POWERS.
THAT IS WHAT THIS ULTIMATELY IS ABOUT FOR THE STAFF IS WHETHER THE COUNCIL WANTS TO TAKE THIS ON IF WE ARE ENDING HANDING THING TO DISTRICT COURTS ON THE HEALTH SAFETY WELFARE SIDE.
THE GOAL IS TO PUT DECISIONS IN YOURS AND FOR WHAT IS BEST FOR THE COMMUNITY BUT AT THE END OF THE DAY IF YOU DON'T WANT TO PROCEED WITH THAT, WE'RE GOING TO STICK WITH HOUSES OF ENTERTAINMENT AND PLACES THAT SELL DEADLY WEAPONS.
THAT IS PURE AND SIMPLE. WE ARE TRYING TO PUT AUTHORITY IN THE ELECTED BODY'S HANDS BUT IT IS CERTAINLY UP TO YOU HOW
AND IF YOU PROCEED. >> SPEAKER: IS IT POSSIBLE TO PROCEED ON ONE ASPECT OF THE ORDINANCE AND NOT THE OTHER?
>> SPEAKER: YES, IT IS. >> SPEAKER: THE TAXING AUTHORITY PEACE WITHOUT PROCEEDING ON THE HEALTH AND
THIS BODY ALSO HAS THE AUTHORITY TO ADOPT ORDINANCES, IT HAS THE AUTHORITY TO REPEAL ORDINANCES. FUTURE COUNCILS HAVE THE SAME AUTHORITY. THE DECISION IS PURELY YOURS AND WE ARE ABSOLUTELY HERE TO PROVIDE INFORMATION SO THAT YOU CAN MAKE A DECISION, WHATEVER THAT IS.
THAT IS YOU ARE ELECTED TO DO. >> SPEAKER: ANY OF THE
QUESTIONS? >> SPEAKER: A CONCERN THAT I HAVE HEARD ABOUT THE LANGUAGE, THE BROADNESS OF THIS LANGUAGE, IS WHILE PEOPLE ARE APPRECIATIVE OF THIS CURRENT ARRANGEMENT OF PEOPLE AND CITY MANAGER AND COUNCIL, WHAT IS TO STOP ONCE AN ORDINANCE SUCH AS THIS UNDER A REASONABLE BODY, ONCE THAT BODY HAS LEFT AND PERHAPS A MORE HEAVY-HANDED BODY IS HERE AND A
[01:10:04]
MORE HEAVY-HANDED LESS SENSITIVE CITY MANAGER IS AT THE HELM, WHAT ARE THE APPLICATIONS OF THAT SHOULD SOMEBODY HAVE COME IN A POSITION OF CONTROL, BE OF A VINDICTIVE NATURE AND USE THIS ORDINANCE IN A MANNER THAT IT WASN'T INTENDED? THAT IS BEEN A CONCERN THAT I HAVE HEARD MORE THAN ONCE.>> SPEAKER: THAT'S WHAT I SAID WHAT I SAID BREAK THIS BODY CAN ADOPT WHATEVER IT WANTS AND APPEAL WHATEVER IT WANTS SO IF YOU DIDN'T ADOPT THE NEXT CITY COUNCIL COULD STEP FORWARD ADOPTED JUST THE SAME. AS WE HAVE BEEN OVER, THE COUNCIL DOESN'T HAVE THE AUTHORITY TO BRING ANY OF THIS FOREIGNER, ONLY THE CITY MANAGER DOES AND IN MY WORLD I OPERATE ON A CONTRACT AND WHETHER IT IS NEAR ANYBODY ELSE, THE LEGISLATIVE BODY IS THE ULTIMATE ARBITER OF POLICY FOR THE CITY.
AT THE END OF THE DAY, 100 PERCENT RESTS WITH THE COUNCIL NO MATTER WHAT. AT ANY GIVEN MOMENT SOMEONE CAN PASS AN ORDINANCE OR THEY CAN REPEAL WON.
IT DOESN'T MATTER WHO WAS SITTING AT THE DAIS.
YES, THE CITY MANAGER HAS THE ABILITY TO BRING THINGS FORWARD BUT AT THE END OF THE DATA GOVERNING BODY IS THE FINAL AUTHORITY, INCLUDING IN THE CURRENT SITUATION WITH GOING TO COURT. I WOULD SAY TO CITIZENS, YOU BETTER TAKE EXTRA -- CAREFUL ATTENTION TO MUNICIPAL ELECTIONS BECAUSE ANYBODY CAN MAKE A DECISION AT ANY TIME.
THIS IS, FED BY LISTENING, BE VERY CAREFUL.
COUNCIL HAS HAD QUESTIONS ABOUT BUSINESS LICENSE REVOCATION OVER THE YEARS BUT THEY ARE NOT BRINGING US FORWARD FOR THIS IS A STAFF FUNCTION WHEREAS SHORT-TERM RENTALS WAS A COUNCIL AND THE COUNCIL ABOUT THAT FORWARD AND ONE OF THE COUNCIL MADE PER THERE ARE TWO WAYS TO DO THAT AND THEY BOTH WORK IN THE OPERATION OF THE CITY AND ENFORCEMENT OF ORDINANCES THIS IS WHY WE ARE BRINGING THIS FORWARD.
IT IS CERTAINLY THE SOLE DECISION OF THE GOVERNING BODY
WHAT WE DO FROM HERE FORWARD. >> SPEAKER: THANK YOU.
>> SPEAKER: THANKS, PAUL. >> SPEAKER: ANY OF THE QUESTIONS? MEGAN, CERTAINLY THANK YOU FOR THE TIME TONIGHT TO ANSWER ALL OF THESE QUESTIONS.
I CERTAINLY ENCOURAGE THE COUNCIL TO CONTINUE THE PROCESS THIS AND CONTINUE TO ASK CITY MANAGER YOUR QUESTIONS.
>> SPEAKER: I WOULD LIKE TO ENCOURAGE THE PUBLIC AS WELL.
WE HAVE UNTIL JANUARY 17. >> SPEAKER: SCHEDULED TO TAKE THIS ON JANUARY 17. NOT SCHEDULED TO MAKE ANY DECISION ON THE TONIGHT'S. THERE IS PLENTY OF TIME FOR YOU IF YOU WOULD LIKE TO REACH OUT TO YOUR COUNCIL MEMBERS OR CERTAINLY THE STAFF AND ASK THOSE QUESTIONS PLEASE DO THAT AS WE APPROACH JANUARY 17. CERTAINLY APPRECIATE THE TIME
[6. QUESTIONS ON THE AGENDA]
TONIGHT. ARE THERE ANY QUESTIONS ON TONIGHT'S AGENDA FOR THE CITY MANAGER?>> SPEAKER: ITEM 8B HAS BEEN REMOVED THAT IS THE WATER RESOURCE MANAGEMENT MANUAL DESIGN AND CONSTRUCTION CHANGES.
WE JUST HAD A FEW LAST MINUTE QUESTIONS AND I WOULD RATHER REMOVE IT FROM THE AGENDA AND WORK WITH THE PEOPLE THAT HAD QUESTIONS. WE DID SEND OUT SOME INITIAL INFORMATION FOR FEEDBACK AND RESENT SOME MORE OUT AND FOLKS WERE REALLY BUSY AND WE CERTAINLY DON'T MIND ACCOMMODATING THAT. I WOULD RALLY WITH -- RATHER WITHDRAW THAT WE WILL PUT IT BACK ON ONCE WE HAVE THE MEETINGS AFTER THE HOLIDAYS. 8C5 IS IN FRONT OF YOU.
THAT IS WITH GULF STATES DISTRIBUTORS.
THOSE WERE PURCHASE OF SOME RIFLES AND IT WAS CALLED A KMP SEVEN ON THEIR PART THE INVOICE SAID MP 781.
IT IS JUST A PRINTED DOOR SHE WAS A LITTLE STAPLED AGENDA ITEM ON THE DAIS IN FRONT OF YOU. ALL WE ARE DOING IS CHANGING THE MODEL NUMBER AND THE RESOLUTION TO MATCH.
>> SPEAKER: 8C5? >> SPEAKER: 8C3 OR ANY OTHER QUESTIONS? MOVED TO ADJOURN COMMITTEE OF
* This transcript was compiled from uncorrected Closed Captioning.