Remarks by Aaron Starr
85 remarks on the record, newest first · Page 3 of 4
“I guess as you think about that, keep in mind you will have situations where somebody's been cited, but the class is literally the next day. So we probably need some sort of reasonable timeline for it shouldn't be the very next class if the class is tomorrow. Maybe it's like the very next class that's at least X number of days. away. But I guess my question is about as far as an in-person class goes, it seems to me it only makes sense to even develop such a class if we're committing ourselves to offering it beyond this first 12-month period. So if we're going to, because let's face it, it's…”
“I do have a question about process here. So as far as what's happening right now, and it sounds like we're just simply, as a group here, kind of giving direction to staff, and then staff would be coming back with, let's call it a more perfect ordinance. And then at that point, that would be like a first reading at that point? Is that how this will work?”
“I think it goes beyond that, though, because if we're talking about making this a permanent option, otherwise why bother creating an in-person class? This is just in the . Let me finish. If it's going to be a permanent option, I think we need to come back with a change to the ordinance to make that clear. Because right now, it's really clear that there's only this phase-in period where the education option to get the fine waived is even possible. I really want to resist any public perception that we're doing this for some revenue reasons by making sure that we always have a class for…”
“So I guess the answer to our city attorney's question, so what I've heard is Several things brought up by various members of this body Specifying the classes of employees that are exempt. So maybe that's code enforcement and law enforcement a sunset provision maybe it's four years extending the number of days to, I guess, 30, we're saying, and offering the class option as a way to waive the fine on a permanent go-forward basis, not just during this short window of time. That's what I've heard, and maybe there's others that I missed, but those are the big ones that I heard that I think maybe…”
“So if if somebody does second mayor the mayor pro tems motion I would like to make an amendment at that time or if we can say that no motions actually made yet because none's been seconded I'd like to add still add on to that The permanent ability to get a fine wave for first-time offenders by attending a class And mayor pro tem I'll second your motion I”
“I'm sorry Are you seconding with with my addition or you or not?”
“I guess I need to make a motion to amend right So my motion to amend to change it so that a class will be offered on a permanent basis for first-time offenders not just only during this transition period that would be my proposed amendment if someone wants to second that yes I would second that okay you would second that the amendment amendment first time but I have a question”
“Thank you. So, Mayor, I guess at this point in time, unless there's further debate on the amendment, maybe we can vote on the amendment so that the motion on the floor at that point would be Mayor Pro Tem's motion as amended if it should be adopted. And then we'd still have opportunities to make further amendments if that's what we want to do. Just trying to bring back Robert's rules of order back into this. Yeah.”
“I Guess I would say then I wouldn't want this to be at the discretion of somebody I just simply wanted to be an ordinary course of business people are violating the ordinance for the first time in their lives and Maybe they just became 18 years of age or something like that. I think we need to make it so that this is something that's just standard procedure rather than trying to get somebody's blessing for in this particular case, let's allow it.”
“Yeah, I just wanna bring back the discussion to the amendment that's on the floor. Getting back to 3-401, is it 4E2, where it says, participation in successful completion of the e-bike safety program by a minor and their parent or legal guardian for a first-time violation of the provision of this article will result in one of the following actions. The city attorney is authorized... not to file the citation, may dismiss the citation, or waive any fines and penalties related to the citation. If instead, if instead it could read as follows, I think it would be, it would accomplish what I think…”
“So basically, the first two lines will remain as is all the way through the words, will result in. And then the replacement language for the rest of that sentence would be the dismissal of the citation and a waiver of any fines and penalties related to the citation. And that way we're not leaving it up to somebody's discretion as to whether someone's going to be able to take a class to waive the fine.”
“Correct. Because, you know, if someone is an egregious offender once, they're going to be an egregious offender in the future. And at that point, you nail them. But for the very first time, there's very few that are going to be so egregious that it would shock us. I say let's just make sure that we don't have an abuse of discretion by not allowing somebody to take this class. I think by codifying it the way that I'm codifying it, I think it makes it so that we're not going to have an abuse of discretion issue ever. And if there is any sort of egregious violation, there's probably other rules…”
“So the amendment that I recommended was adopted by this body. So now we have a motion as amended. We have Mayor Pro Tem's motion as amended. I think what would be helpful, because some of this seemed more like they're concepts, not actually codifications, it would be helpful if somebody could state back, I don't know whether it would be the city attorney can do that, or the city clerk, but I assume the city attorney would be able to state back, this is what is currently covered by this motion as amended, so we're very clear what we're voting on.”
“It's and, and a waiver. It's and, not or.”
“I have a question with the motion now as amended. So today, as proposed, we have this 30 business day rule during this transition phase and period, but we don't have the equivalent language for after the transition period. So, you know, I'm sure staff could come back and put that language in there so that it doesn't, otherwise you're leaving it open ended after the phase-in period, there's no limit to the time when somebody could take a class, and I think there ought to be a limit”
“You could write up and bring it back to the council so we have our our final language I know you're eager to adopt something tonight, but I just it's hard for me to imagine that I would think you'd want to take a little bit of time to make sure that Everything works together that there doesn't create conflicts in the language”
“So you would just simply append it to the end of that sentence in E2, right?”
“So if there's no objection, I guess we have a motion as amended that's ready to be voted on. I just have a quick statement, Mayor.”
“So Mayor Bertram, you should have voted no on that motion then, yeah.”
Not quoted here: it may name a member of the public. Hear it at the meeting.
“I just remember my reading. I go, oh, yeah, I know that guy's name. Thank you for that.”
“I have a question on this particular slide that you're on right now.”
“So is the $2.4 million that we're being asked to vote on today, is that a phase one cost or is that a phase two cost?”
“Okay. So how much, if this is phase two, how much have we already spent so far? How much would be remaining? And I assume that there's a lot of grants out there that's going to be assisting us with this.”
“Maybe I can just clarify my question After this motion is adopted assuming it is uh-huh and How much additional funding will be required from the city, if any, to finish this?”