City Meeting - Regular Meeting

and we will have roll call.

Andrea. Here. Rex. Here.

Clayton.

Here. Gerald. Here. And Greg. Here.

We'll rise and say the pledge and the prayer given by Pastor Ken.

together. Gracious Father, thank you for a beautiful evening you've given us. Although last night we wouldn't have said that. Thank you for keeping us through the storms. Although there was damage, those things can be repaired. Thank you that everyone was kept safe. Thank you for helping us do our best to bring peace and prosperity to your community. We pray your blessing on this meeting tonight and each person here, whether they're elected, whether they're a citizen. Guide and direct our meeting tonight. Help us to make wise decisions for the best of our community and to bring glory and honor to you. This we pray. Amen. Thank you.

I'll make a motion that we approve the meeting minutes for July 14th as written. Chief, let's go home and do business. We've got an ordinance over e-bikes, scooter, and then we also have an ordinance tonight over cell phones. So let's go ahead and attack on the e-bikes.

Where did this come from? Did we adopt somebody's or maybe?

So I saw Adam's address online and I made it fit us.

Okay. My question is the hour of operations may not be operated from a half hour after sunset until a half hour before sunrise. Isn't that a little extreme?

Depends on if it has a headlight.

Yeah, but I wouldn't think they would be allowed anyway if they didn't, right? At all?

They are currently.

They are?

It's been a problem.

I mean, my only concern is some people use this for their transportation and to get everywhere and if it would have I mean, that's not fair to them.

Yeah Well, you can put verbiage in there not having lights.

Okay. Maybe just add this phrase like half an hour after sunset, half an hour after sunrise without adequate lighting and reflective equipment. Okay, yeah.

And I agree with that. I just, yeah.

We're not going to, of course we're not going to city, basically. It's just everywhere. And I was hoping the state would get more language about it, but we need to do something here.

Well, what about, I mean, if what we're concerned about is minors running around at night, maybe we just apply that section to people under 18 or under 20. There's help, but that just basically requires helmets. Unless we're in a properly fastened protective equipment.

The problem is that you're not going to know how old they are because currently we have 13-year-olds riding around in golf carts. They're supposed to have license. So how do we enforce that?

You pull people over if you suspect that they're young. I mean, that's an executive branch question. You know, legislatively, I mean, the goal is that we legislate our vision for the city and then the police department executes it to the best of their ability. But I'm with appropriate use with proper lighting for adults. I could even, you know, if we think it's more dangerous, I think, you know, saying under 18 would be appropriate for a curfew or something.

Just a question. Why are you considering e-bikes? Because by law, there's three different I guess that's what I'm asking. Are you just trying to get them off the road because of nighttime stuff or also because of some of them actually being illegal and on the road?

Maybe both.

I don't have the ordinance. I didn't know what it was stating. That's what I'm asking. Is that ordinance just saying we're trying to get the kids off the road at night or is it covering everything?

It's basically requiring helmets, getting them off sidewalks and park paths, and not at night. Those are basically the three main sections. So they have to be on the road. It says if you're under 15, you can't do a really fast one. It says you gotta wear a helmet if you're 16 or under. It can't be on sidewalks or park paths.

It is included in here, no e-bikes or e-scooters on the cardinal grade bikes. How are you going to separate that? If they're pedaling that bike on there, even though it's an e-bike, but they're pedaling it.

Well, that's saying no e-bikes or scooters, so period.

Yeah, if it's capable of revving up to over whatever mile an hour for that glass. There's some e-bikes that all they do is assist. Right. It's not they don't, you know, they can't just run the e. It's assisting the pedaling.

And that's scheduled by the law, if you look it up, the IC code, it separates them.

Yeah, it covers Class III, the bike, with operable pedals and an electric motor that provides assistance.

Yeah, okay. So that's what I'm saying. So really, they're saying that's a bicycle and it's just being assisted. So if they're pedaling along the Cardinal Greenway, how can you take that away from the guy that's only pedaling on a regular bike? That's true.

So it says Class 1 e-bike provides electric assistance only when the rider is pedaling and ceases assistance at 20 miles an hour. Class 2 e-bike equipped with a motor that may exclusively propel the bicycle and ceases assistance at 20 miles an hour. Class 3 e-bike provides electric assistance only when the rider is pedaling and ceases assistance at 28 miles an hour.

I mean, I think it's a lot easier, it's a lot more difficult, especially for something like this, to police behavior. I think the issue is the potential. I mean, in theory, you could say, well, I can take my motorcycle as long as I'm walking it, you know, on the car on the greenway. How's that different from me walking your bicycle? I mean, yeah, that's true. It's not hurting anybody if I'm walking it, but we don't allow motorcycles on there regardless.

So the deterrent more is what it is. And if they truly felt that they were being wronged, if they got a ticket, then let them plead the case. Do you know what I'm saying?

Well, it's really anything with a motor.

Yeah. Right.

And that's listed on the sign. Right.

Yep.

So are we just saying for Cardinal Greenway, just our section then that we're this ordinance?

No, that's the only section that we police. Okay.

How about something about the park? Because I ran a kid off that had one in the gravel. We don't have anything specified there, right? There are signs all over that park that says no mobile.

It's not motorized, it's mobilized.

I just didn't know in this one here whether we wanted to put anything in there.

Go down to the park, you'll see that.

I saw the new signs.

The men's restroom has e-bike tracks on the toilet, on the walls, on the... The main thing is we're concerned for the safety of that nine-year-old kid. It does stop and stop soon. We don't have something that we're trying to put a little meat to it. Once again, safety is our priority, number one. So it's not that we're, I don't think with working with the administrative police department in the future is going to be, These things we're going to be addressing, but we'll do it with a professional sense that you guys know that we're going to force them while we approve this ordinance.

I'm pretty happy with it as it is, other than Greg's point.

Yeah, we could add a section like

If a citizen over the age of 18 wishes to operate at night, they must apply to City Hall for an exemption or for a permit or something.

Not just because I'm 18 and I want to just cruise the city at night.

Until 3 in the morning.

Now, there are several kids that do drag them to school in the colder months, in the dark. So do we give them an exemption?

I mean, if we're giving exemptions, we probably should just give exemptions, period. So I guess we don't. If we're going to give an exemption that requires...

out the over 18 portion and we're just just administratively we're a lot more critical or something for those under 18 or maybe the school might help with that i mean because we would have just the littles you know what i mean used to when you rode your bike you had to get a something or whatever you know a permit or something like that maybe they would help with that i don't know just accountability

You don't want to do anything, and I don't want to get the verbiage in there about the way you want to take it as it is, or can we go first reading and change it as I accept reading? So make sure you voice your opinion in Brittany before you type stuff in. In other words, if you come up with something, if you say, hey, I like to, you know, I want the police to give the exemption for me,

Well, I mean, to that point, then we should get into the 15-year-old. Oh, that's just for class three. And also, like, you can also just ride a normal bike. You know, like, there is a point where it's like, just ride a bike then until you're 15. I'm sorry, but it's like, that's what usually happened up until five minutes ago. So...

How about instead of sunrise and sunset,

really need to go on the bike to work at 5 a.m that's when you come talk to us but because no we're not here really concerned about people doing it at 6 30 p.m when it's dark in the summer we're frustrated with the people doing it at midnight right so if i think rather than sunset maybe we can start And we can add to the thing, too, about if writing when dark, if it requires proper reflective and all nine yards. What does that do to the broad of a brush?

All right. I can do some more digging on other organisms.

I think what you have to do is to make a start. I think we need to do something a little bit more specific.

So if we pass on the first reading tonight, which I think I'm ready to do, knowing there will be small changes to Section 3, if we're not ready for the second reading, we can just delay that, right? We're not, like, bound that it's going to be...

It takes six months. It takes six months.

Yeah, personally, I'm fine. Only Section 3 is the part that I really have any concern with. So... Well that that's the scope I Yeah. I wonder if Section 6 would be better to have a seat because these are prohibited in parks. And if we're doing that anyway, we might want to also include Veterans Memorial Park to order. Do you think that?

Yeah, because they normally . Yeah. So .

I'll just say any city-owned park. Yeah.

This will be in order two.

Gosh, I missed the baseball.

I'll move we pass the rules.

Peter.

Aye. Rex.

Aye. Clayton. Aye.

Carroll.

Aye.

Well, it's or audible 40 feet or more from the source.

So that's determinable without the equipment.

Yes. And I found decimal readers. I can get them for under $30 apiece. Oh. So I can order it if you want.

But, I mean, is there a danger of, OK, prove that it was, you know, kidnaps? If you get a complaint, if you try to cite them, when the guy said, OK, how can we prove that it was above $90?

Well, you can go at a feat if it's, Father and neighbor within 40 feet, you could use that.

Okay, so are we saying it doesn't allow you to hold 90? It's anywhere, isn't it? Is that the assumption that we're making?

I'm thinking, yeah. You say get in your property on your own instead of 40 feet from the house. So let's also.

we have issues, even if it's not so loud that it damages your ears or breaks your windows or whatever, but we also don't want someone just walking around the parlor with a boombox and enforcing everyone to listen to their music. Like, yeah, maybe it doesn't hurt, but I'm 200 feet away on the swings, I don't want to listen to your music. That also stops that.

We had to look at this because several people, including my wife, have complained for months and months and months But this is not just about them, it's about, if you get complaints about that, fall back to safety once again. Even on field safety, with that thing thumping for 40 minutes. That's the mindset I've asked for all day.

Oh yeah, I agree with you, Bob. I used to have a neighbor, he'd bring his friend down to his car, and I'd bend over to the back of the house, and it sounds like you're right next to the car,

I'm all serious because it's not going to have to be anybody's type of music, but not after a certain . Right. When you receive a complaint from a patron of Jonesboro, you must act on it.

Correct. Or give them a solution, and we're going to act on it. Correct.

Or we might act on it if you guys approve.

So we're also taking, we're, this animal provision is very serious, too, and bears discussion. So am I to assume that dogs that bark frequently and bother neighbors would also be subject to removal under this ordinance?

Yes.

I'm not necessarily disagreeing. I'm just saying that's an important. I wouldn't be surprised if this is the one that gets brought up the most often.

You're right.

You want to borrow mine?

I'll let you borrow mine.

Oh, well.

I don't know what that is. Oh, I know.

I know. I agree. I agree. If you choose to pass the time on the first reading once again, you could be good. Do you have a suggestion on it?

I feel like the first offense fine is a little high, I've got to be honest. If it's second or third, that becomes a continuing issue. But $175 is a lot for, oh, my goodness, I'm sorry. You know, I forgot that. But it won't happen again, will it?

Right, yeah. No, no.

Yeah, I would agree with that. How much? 50 or 75. I'd say a hundred bucks. For a first offense?

Well, I tell you, just like the golf carts, one of our police officers told me this early last spring, it was posted out on Facebook, what the rules were. He said he caught two kids underage. It ain't going to be driving golf carts. How are you going to teach them when the parents are saying it's okay? I think when you find them, just like he said, I had the golf cart towed in, the parents called. That's an act. Go for it.

Sometimes you just get carried away.

Or I'm late from work, my dog's barking, it's two hours later than I usually do, and someone left the window open. You know, like, I think 50 or 75 or whatever, and they say, and the second offense is 275. It is enough of a deterrent to me that... Yeah.

Right, right. Right, agreed.

I don't want to get into the bill in a second, but first is correct.

Agreed. I have a question. If my dogs are walking in my house, and my windows are open, and you're walking down the greenway, which borders my property, or in front of my street, which borders my property, and you can hear them 40 feet away, hear, not whoop, whoop, whoop in your ear, but if there's a dog in the house, what do you do? Does that form a cause of difference?

I think that's a question. to qualify as a nuisance in my opinion.

Right. And if it's long enough that it's still barking when the police officer comes, that's different. And like you said, we'll never be able to cover every single possible situation in an ordinance. There has to be some leeway for the officer to use discretion for the judicial system. That's why we have judges and officers. But if it's a consistent issue and it's loud, And I would say, you know, if you're just walking by, why do you have standing to complain about this? You know, then don't walk somewhere else. Well, yeah, but that's why it's the executive's responsibility to say, I'm sorry, you don't really have standing to make a complaint on this matter, in my opinion. But...

I mean, my fault is inside. Yeah. Oh, I know, Chris.

But I have had people complain to me because they're walking on the... the greenway, and they can hear my dogs bark. But that's because your little roadblocks are running their way down the fence line on my property. And the dogs are barking to protect their property. The parents don't understand that.

So what do we want for first offense? 50, 75, 100? I like 75. 50? 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50. 50.

50.

50. 50. 50.

50

Are we keeping the rest?

I'm fine with the rest, personally. It's a big jump, but I think that's my design.

Is there going to be an exemption?

There's a whole list of exemptions. Normal business, if it's part of what business. Legal fireworks, celebrations, rubber collection.

If you're a member of the council. Yeah. Okay. I have moved the base of the ordinance of Steve Jennings Barber, the noise controllers, whatever. Great.

Okay.

How many people chat about the same room? No, a lot of us.

as far as the city is concerned we're working on some other issues as far as the uh under uh negotiations for the property over there i know it's under she's working very very hard yes She's fine. I've heard of that. I don't think there's any problems that she's brought up, but that's all I have on the role of business. Anything else?

Can you just give an update on regionalization? We're waiting on Baker Tilley and some people, right? Yeah.

There are five more sites that we're getting together to discuss. I signed off on an agreement for them to proceed, and that's what I heard.

Okay. Okay.

I do have a question about the lit meeting and answering. I didn't know. I didn't forget.

I didn't ask you yet because I didn't know if I needed to do that.

Yeah, just let me know and then I'll let the board treasurer answer. I would like as many of us as possible. I heard David. By the end of this week, so I can let her know. Yeah, okay. Sorry. When is that? It's for the Fed, yes. Okay.

And that's that banger? It's for Friday. All right. I mean, I don't know. I said that. Aims is going to be there.

They're hosting it to go over everything with us.

So did you send them all the information?

She did. She did.

I forgot about it.

I don't think she did.

But I'm trying to find the answer, and I just can't.

We did, as you saw earlier, we did finalize the water payment, water plant payment and everything. So that's all we've got. And September 1st is the start of the paving for next spring. So I've got a couple ideas that I'm looking at West 10th Street, not my block. The 700 block of West 10th floods right now and the drains are too high.

No, I'm not saying that. That little strip there between 8th and 9th on the east side. We did the west side. It's paved, but the east side has been paved in the past, but it's atrocious.

Might want to look at that.

Between the 8th and 9th Street. On this side of the railroad track. You know how it has roads paved on both sides of the road? Oh, yeah, yeah. For Cammie. I think Cammie Dills lives there. Race Street. Yeah, what is that? I'm sorry.

Race Street. Well, Race Street is where you have about five of them. Okay.

Well, there's that one section that has been paved, it looks like, but it's really bad. And I don't know if they're ever going to close that, but if they do, we'd probably need that at some point.

Has anyone heard?

I talked to the railroad today. If anyone went by the park today, you would have seen people on the fire department side down in the drains. The only thing he could tell me when I talked to him was they are trying to work. It was railroad guys that they're working with trying to figure out where all the drains go under the railroad, under the old factory, and where it goes to the creek. He said he can't tell me positively, but they're talking about taking the whole viaduct out. They're behind the factory there at 7th. I asked him about the 8th Street. I know some people like it being shut. Some people don't want it shut. They had no idea about it. These two guys, they're supposed to meet with me tomorrow to look at the maps in here. If you see them guys down there, that's what they're doing. They're trying to find all the storm drains that go under the railroad because the railroad is talking about doing some work behind that factory.

I'm just wondering if they still have that grant available for the state because that was supposed to be like up to $15,000. I think they gave us $10,000. They promised us that money when they closed that railroad. Yeah, but that was through the state. They gave us $10,000, but they were saying the state had a program at the time. I got that somewhere.

But they had to close it for us to get there. Yes. Yes.

The state was throwing up extra money to get people to cities to shut them down.

Anything else on that? I've been told early south of

Probably the worst spot is right there at 12. Yeah. Where Goulet goes on the trail. Yeah, it starts falling apart there. It's breaking up real bad there.

We're on five streets. We'll give you guys what we think we can do. What we can afford. 80-20 match is really good this next year. out here. That's another thing.

And we did get a distribution from the state for all of the gas tax money that we were receiving.

From like, well, February on or something like that. Okay. This is really good.

Is there a chance we could get a map hanged up in here again? It's helpful for me to be able to look while we're talking.

Okay. I'll do that. Thanks. Now that we moved everything back over here.

Hey, Bob. Are we going to get the engineers to look, sit through the grants? Like you said, they're trying to fix some of the sidewalks on Main Street.

Yes. If we didn't have the bricks out there, we could pay to get them. I know. But Brad says there's some grants out there. Yes, I'm going to work on that. But we've got to get some things done up here. Hopefully, maybe we can incorporate that in. We can get some sidewalks up here. But if we do 8th Street and 9th Street on the other side of town over here, I like to have sidewalks over there. I love sidewalks. I've said that 10 times. I love sidewalks. I think it's great. I've seen those great sidewalks. So, yes. All right, anything else? If not, I'm going to move on to Corp Treasurer for the council.

So this is draw number 35 to Shen Brothers for $500.

Yeah, but that's not necessarily we've moved into maintenance.

So what's going on with what they owe us? How do we know what money we're going to get for what they took?

I don't know yet. There was one time they said $10,000. And then we have $17,000 left over that we could use for from the cameras we purchased. It was part of the project that we bought. But it wasn't part of the project that we bought because we wanted to have coverage over to the building. And then they said, well, we'll put I, to answer your question, Brad's not here. Yeah.

We're not going to get any money. We got both. That's what happened.

Well, that's why I had quite a question of paying this final payment. Pulling money back.

that we had down there, and I'm not going to stop until we get that. That's about $10,000 to $12,000. Some of that stuff that was taken.

something we want. Because just hearsay, hearsay, we're going to run into this again. And we need to stop it somehow. All right.

All right. We approve the final distribution of the Shin Brothers.

Anybody second it?

I'll second. We have a motion and a second to approve the Shinning Brothers final payment for the call.

Andrew? Aye. Russ?

Aye.

Clayton?

Aye.

Gerald?

Aye.

Ingram? No. Okay, the next one is draw 36 to Cornerstone Grants Management. This is also her last, so that's $6,500 for all the work she's done.

I'm sorry, who is this?

Amy. Amy, she's our grant manager, and she handles all the network.

Is there any disputes or anything with her?

No, actually, I feel terrible because we've been holding her up since March. Okay. Carol? Aye. And Greg? Aye.

So if you don't mind, say that again, Mayor. She's not going to be our grant manager anymore? No.

That's what I told her. I'll find out for sure about it. I'll look at the sales. So she is, this is not, she's going to do different things. I don't think she's mad at us. I just think she's wanting to do something else.

No, it has nothing to do with. Okay. Yeah.

And special committees, I am trying to get the Jonesboro Park Board back going again because I think we need some things. Bob Kallis is going to be the president. I've asked some people to be on the board looking for others that would like to be, not you guys, somebody else in the community that will help us down there and do some things at Park. Okay. You know, we don't do things in the park. It seems like every time we turn around, there's cars out there doing donuts in our parking lot, and there's e-bikes everywhere. And my point is, we don't keep adding things to do down there. And anybody in the community wants to volunteer to be on the park tour, it's a non-paying position. A lot of hours, a lot of work. But I think we need people down there to help us.

Do they have to live within savings? I don't think so. We've had people before that didn't. Go ahead.

I would never turn away a volunteer. We have to be able to do our screen way. Right. Okay.

I'm sure you're looking for volunteers for now.

You might want to go down and get scared again. Oh, I doubt you brought that up. I know we're going to have no subject, isn't it? Is that where I saw Rob? Yeah. I saw him. I was like, what are you doing?

We're also going to put a lightning-bound habitat. Yes, that's what we're going to put.

Oh, cute. I love that. That would be so cute. That's great. And we have plenty of land back there. It goes from first to pearl, back where the grass stops, where the green lawns end, and we own that up to the historic society on the back side. That would be fantastic if we could do that. I think it would be great. All right. Special Committees, I move along. Proof of claims. Yes.

I'll make a motion to approve it.

I'll second it.

I'll make a motion to approve the plan for the city of Delta. Roll call, please.

Andrew. Aye.

Rex. Aye. Clayton.

Aye.

Gerald. Aye. Ingrid.

Aye.

What's the consequences when somebody is stopped? What's the consequences for that?

Yeah, it was written down.

The first violation was $50.

Second and subsequent are $100. And if there's harm to person or damaged property, they're liable up to $5,000. So $50 the first time, and every time after that we catch it, it's $100.

Harm to a person or damage to property pursuant to IC code, a parent is liable for up to $5,000 in actual damages arising from harm to a person or property. So they will, according to state law, you can hold a parent accountable.

But only $5,000? That don't go very far?

I think you can go up.

Okay.

I got many comments. Go back to what I just told you. If you just write a fine, it'll be all over. Thank you all for showing up tonight.