 I'm going to call the license hearing and public safety committee meeting to order Bro call all the person bar penalty. I am here All the person Betty equity here all the person dean decker He uh, he is excused Um, all the person joe heideman here all the person amanda salazar And She has not contact here. She had said she wasn't going to be here today. Oh, okay Um, pledge of allegiance I pledge allegiance to the flag of the united states of america and to the republic for which it stands One nation under god Indivisible with liberty and justice for all Approval of the minutes from july 27 2022 Go move Second All those in favor say aye opposed nay Chair votes aye motion carries Number six resolution number 48 22 23 8122 a resolution establishing a rotational dispatch contract for emergency Securement and board of After fire incidents Thank you chair. So, um When there's an incident in a business or a home that the fire department responds to a structure fire Typically in the past what's happened is after it's been mitigated fires out if we've had to cut a hole in the roof Break a window to ventilate Bust the door to get access Uh, we really haven't done anything in the past other than you know let the homeowner or Business owner know and then we clear the scene after it's all done So what this board up program would be is there's several companies locally? Or throughout the state but our We wanted them to be here within 45 minutes of notification these board up slash restoration companies would come Um and Secure the property board it up use plywood Secure the roof if they have access to some if it's a safe thing for them to do and and then Give the key or you know, put a padlock on that the door was not Able to be secured because of our damage or whatever gaining access They would put a padlock on a plywood piece, you know, put engines up and then give the key to the owner Uh, so they could still get access to the building after we're gone if it was safe to do so So We have a program that that I looked into working with the attorney's office We've spoken to several departments here in the city They're welcome to use it as well If they were interested These board of companies would fill out an application On a yearly basis, uh, they'd have to meet certain criteria that the attorneys and and I feel are important Like they have to be insured bonded They have to meet the criteria that the application states And then they'd be if if they meet all those criteria, they'd be placed on a call list And it would be a rotational call list that would be left with dispatch Basically a spreadsheet if you will and if the incident happened right now If we call board up company number one or whatever's to do on that list If they come out and we had another incident Tomorrow well, then the next board up company would be called. So it's kind of fair And If they weren't able to come because they're already on another job somewhere else Then you just go to the next company in the board of rotation so The list would be maintained at dispatch and then If one of the criteria is that they don't show up to the scene unless they're called I don't want what we you know, like it's referred to as ambulance chasers Well, we don't want fire chasers We don't want them to show up unless they're called because there's enough going on If if company did I have the ability to Kick them off the list for the next year or for that the rest of remainder of this year And they had to have to be applied next year to be back on the list So I would I'm seeking approval to institute this program and if you have any questions Um I can certainly try to answer or attorney Adams is here for the legal aspect of it. But uh, Yeah, I'm looking for support. I have one sure. So is this going to cost anything? Not a dime So so it goes through it goes through the insurance companies So if I haven't forbidden something happening at your house, um, you You know, we would go to you and say barb. Would you like us to call or mrs. Spelty, would you like us to call a board up company? We had to break two windows on the second floor And they could come up and secure it or would you like to handle it yourself? So the option is yours If you say, yeah, please cheap. Can you go ahead and? Contact a board of company for you for me then before we do we said certainly we can I While we're calling them. I want you to call your insurance company to make sure that Uh, and I will tell you who's on the you know, who's coming out Even if they come out and they don't do anything nobody's on the hook for anything you could still say no my insurance company's not going to cover Um, but we don't know who's on the list until we call a lot So when they come out you can decide. Yeah, yes or no, uh, I changed my mind It's all good. No cost to the city Um, if the city calls them, uh, let's say Have been forbidden. We we bust down the door because we went to the wrong address okay, um And we would have to secure this door because it's not usable anymore. We can call the board up company to secure that door And uh, we wouldn't pay for that because we are calling them for our thing that we did Not because it's an incident at a fire that we had to cut them all Make sense. Yep Any other questions? So you mentioned, uh, the insurance companies are on board with this so, um Because you I see the commercial and I see that something happens and the guy the insurance guy standing right next to him, uh I don't know if they're within 45 minutes, but uh, so do you have to how do you establish that? Are the board of companies also working with the insurance companies so that if you have say state farm This board of company already works with state farm all them so We would not know who works with who because The company's on the rotational list. So company two is due next they get called State farm, uh, typically all the major insurance company have worked with these companies Um, however, there could be a chance that maybe they don't work there Their insurance company that insurance company won't cover this board up company They that's what I mean. The homeowner would know about it. That's why we would suggest to the Our business owner. Okay, contact their insurance company. Make sure we have, um, Mati's board up service coming They'll be here in 30 minutes Please make sure that your insurance company can work with them and we'll cover the cost of it Because we don't want anything to go to the residents. We don't want the whole business owner To get pinched for any of the costs now again Let's say the business owner ran a forklift through their Plate glass window. Now they got a board this up there They don't know who to call they we came out there because sprinkler pipes are busted and stuff like that We could certainly assist to say, well, we could call a board up company for you Um, they would come out and measure the window. They could put plywood up and secure it. You guys can handle it It's up to you. Yeah, do you mind call? Sure. We'll call them and same thing Call your insurance company make sure you can Deal with them. Yeah So there you don't know of any cases where you've had the board up company come in and the insurance company said What to the property owner? Why'd you call them? Yeah, take care of it Uh, there there has been you get weasel companies every now and then but that's why we have the application process They that that's right when they chase the fires. They hear it on the scanner. They show up We won't use those companies um In my history for 30 years of doing it. We've had board ups, you know come out and Really never had an issue with them. I mean could there happen? Sure, but It's a pro right now. We have nothing and we don't board up anything and people Their homes are exposed the businesses are exposed So I'm just trying to look out for the the owners and occupants to at least give them some time In this last weather thing where we had all the trees go down There was homes damaged Would it have been a case where we were going to call people in for that? Sure, if they would have if we would have responded for that now again When trees are on the roofs, we don't remove trees But yes, we certainly could I when uh We went to the meeting after with director bevel and the administrator on that we talked about what we could do Certainly this would be a case where if public works was removing a couple of trees I think they said they removed six Were you at that meeting chief? No, I think it was six to eight or something like that They removed trees off of houses Because they were city trees We certainly could have done then yeah Call the code board up coming as long as we're there to assist or public works could go through dispatch. Perfect. Yeah, good question Any other Need a motion Second All in favor say aye. Aye Chair votes aye Thank you for your support Okay, number seven general ordinance number 822 23 8122 and ordinance expanding the disorderly conduct ordinance So as to prohibit harassment of an individual On the basis of their status as an election election official and requiring an increased Forfeiture for violations of this nature and clarifying that disorderly conduct may include harassment by the use of telecommunication devices Is that you I can talk about it So this this came from the mayor's office as a request and we have talked to the clerk's office as well and their work of it Realistically, you know, I said in their Prohibit harassment on the basis of their status as an election official I mean already disorderly conduct is disorderly conduct. So it really doesn't add any new Form of disorderly conduct in that regard based on the fact that somebody's an election official But it does increase the penalty in that circumstance as a way to sort of Hopefully prevent it It does also clarify right now our disorderly conduct ordinance is fairly bare bones I don't think we would have any issue Proving that you can be disorderly even by telecommunication device And we do have some other ordinances that can deal with that But this makes it clear that the sort of conduct can happen By phone by text as well as long as they meet all the other guidelines of disorderly conduct Tending to cause a disturbance Um, the ordinance is basically patterned after Madison's ordinance, which has their common counsel. I think earlier this week So that's that's what's there and it's up to you to approve that Um, it's a increased forfeiture for violations of this nature um Is it does it depend upon how much the or what the What the harassment was to how much the The forfeiture is so what it does is it takes the normal forfeiture? Which is uh, 75 to 500 dollars and increases it to 300 to 1 000 dollars if it involves a an election official So and then what the bond amount does is it it So the bond amount is the amount that the officers right on there They don't get to choose within the range only the judge gets to choose that the bond amount will go from 250 including cost 376 including costs Any other questions? I was going to ask about how it went up I'm sorry, I'm planning on doing it but 691 376 is the aggravated one in normals cases 690 Amount if it's an election official I have one other question. So is this something that's going across a lot of the cities that they're doing this because of You know what's happened in the last elections or whatever. I don't know what's happening in other communities I suspect it's going around where I think we're the second one to pass it if we pass it but I suspect it's going around Does this have any Chief does this have any bearing on your office as far as what you're going to do as far as Are you investigating those things? Sure. Is that a good thing or a bad thing then? That's at your point huge I'm talking about a court for your office I'm all in the back that could say Questions any other? All right, I need a motion then second All in favor say aye. Aye. Chair votes. Aye motion passes Okay, number eight beverage operators license. It's renew application number 75 70 Juan D. Coronado Hearing regarding non-renewal of license Is Juan here? He is not We did not really expect him here. We had called him in because he does have some new Charges against him and he had already had some he'd already been issued the license in the morning in the past He did not appear so he didn't cooperate with us and he didn't appear today So on that basis you can deny Simply based on the recommendation of the staff group that reviews these We kind of didn't expect he was going to be here. He's got outstanding warrants. And if he'd been here chief would arrest him I think you had mentioned that at our last meeting We weren't expecting to see him Okay, motion to make a motion to deny Based on staff recommendations Yeah, I'll second I just had one question. Where was he where was he licensed to serve? Well, the license In the city of shaboy. Okay, so it wasn't like he was working at a mini mart Yeah, we we don't know where where he was working particularly But it doesn't matter because the license allows you to do any kind of survey. It's not we can't limit it to only mini-marts Okay All right, any other questions Okay, we have a Motion and a second All in favor say aye. Aye Opposed nay Chair votes aye motion cast passes RO number 42 22 23 7 18 22 By city clerk submitting various license applications class B beer Licensed application number 35 19 Pita's mexican store llc We had held this one just because They had a drive-through and there was some question about whether that was going to be appropriate Turns out they didn't want to serve alcohol through their drive-through So they just changed their application to not include the drive-through area part of their premises simple solution and We're recommending granting Questions Make a motion friend second All in favor say aye. Aye Chair votes aye motion carried RO number 51 22 23 8 122 by city clerk submitting various license applications These are a couple of Change of premises a temporary change of premises for events and we're recommending granting Applications Motion to approve Motion to approve based on staff recommendations. I'll second Okay All in favor say aye. Aye Opposed nay Chair votes aye Motion passes Update regarding alcohol beverage license number 23 oh one one more time llc I had to do it that way Yeah No discussion only So just I wanted to just bring you up to date. I'm not going to go into all sorts of strategy about the lawsuit or anything Because we want to do that closed session But just sort of bring you up to date on what's happened. So after Your committee decided not to grant him one of the remaining licenses Mr. Bernal did file suit in circuit court It's it's called petition for rid of switch Ferrari Basically asking the court to review the decision that you made and ask that the license be granted by the circuit court For that reason i'm going to suggest that we not hold any more Times where people can come in and give presentations Because the court were to decide to grant the license and At this point we had you know, we decided to give it away. I don't think That wouldn't work very well That the court would have a problem with that it might have been different had before he filed the lawsuit We had granted the license, but but we didn't um and so We're not going to hold presentations for now. We're going to let that license Certainly you can At some not today because it's for discussion only but if at some point you want to put on the agenda Discussion whether it ran in the license you do that But for now that's really up to you and we can't do it today questions I have one So are we going to fight in court about this or is the city going to say okay come back and Might in court what we'll have so what a rid of searcher already does is the court Basically reviews your decision Based solely on the record Of your decision so In a normal and in the old days what we would do is we would type out the transcript of the hearing give it to the judge The judge would review it and decide if he Disagreed with your decision There's there's sort of a standard, you know, he can't just substitute his own Choice for yours. He has to say that you did something wrong And then in that case if he decides you did something wrong He could he would then rule that it should be given we could appeal potentially but It's we would not necessarily be my intention to do that unless you told me otherwise The in in this case I we're going to just ask the judge to watch the video So much easier to watch a video than right then transcribe all of the minutes and most of the judges prefer that way There was one judge who we did that for a couple times and he decided he liked Old passion transcripts, but he recently retired. So I suspect this is Going in branch two. I've never asked this question of judge Hoffman. So I don't know I suspect he'll want to watch the video But that's up to him If you're looking at a time frame, are we talking this is going to be over the next two or three months And it'll take some time. Yeah, it's it's it's going to stick out It's going to hang out there for a little while They're so far behind in circuit court and this is not going to be a priority So they'll do it when they feel like it. I I've got just as an example You know, there's been a number of documents on the police fire commission issue With pat Gillette that happened. I don't know. That's probably been five six months already And it's just hanging out nothing has happened because the same judge has actually got the matter And he's just too busy to deal with stuff like that. They got to deal with their criminal stuff first So it could be a long time But in the case of this business when he tried to make every attempt that it expedited so you could open up his business I'm sure he would want to but I mean the he's basically got two options One is to ask this of the judge and the other is to keep coming back to you Um, I guess he's decided that he'd rather go to the judge than come back to you I mean, there's always the possibility of holding the presentations The problem is if we hold the presentations and you decide not and he comes and presents and so does somebody else And you decide not to present to him. I'm going to tell you don't issue that license And so that's kind of unless you guys have you know decide that actually It was a close call, you know, and now you want to grant it to him You know, we could do that at some point, but I think that would take A couple of you calling me and telling me to do that Probably at least two of you So we can't grant any other licenses to anybody else until this is over until this is over until others become available Yeah He's just a renewal. So It's not like he gave up his license or he's getting a new one. Did we just want to he just wants a renewal He he wants it to be renewed But it won't be any good until he gets a court to decide it Or, you know, if if he had If he could have just kept presenting in front of you and you know, we probably had this not happened We would have held presentations That was four weeks ago, right that we last had him Or was it two weeks ago? No, not two weeks at all. So we probably would have held presentations today had it not been for this And he could have just done that too, but he needed there is also some time frames for filing So that's probably he waited one one time to see if he'd give it so So when somebody comes to ask for the This committee is going to grant any licenses. Do you tell them at this time? We're not available Not available. Yeah, that's a bit of people coming There's a list. There's always a list that, you know, obviously The hotel is the main one But there are other people who are on the list. It's just they haven't They don't always bother to show A lot of the people who are on the list are businesses that are kind of If they know there's something available, they're trying to scramble to get Appremises to apply for, you know, because they know they're not going to get it from you guys If they just come in and say, hey, I'm looking for a place Right I got this idea. Yeah Well, I think he's holding because Then whoever sells the bar to The License carry over to the owner if they wanted. Well, yeah, I mean, obviously if he decides to sell the bar It's it's not that it automatically goes over because we did that, you know, at the back in June we did deny a license to a new somebody who wanted to get the renewal license, but So you still have to approve it, but it's not the same process where everybody gets to apply It's there in those kind of situations. They're releasing contingent now. He doesn't he can't do that right now So he also cannot sell The business or if he were to sell the business I would argue first of all that his lawsuits moved and should be dismissed And and and he wouldn't have a license for them to apply for right because it's At this point your decision still holds Thank you for the verification. Sure. This was just session on license Don't need to do anything with it Next meeting date will be august 24th 2022. That's my anniversary. I may be Out of town here. Hope somebody remembers It's better at it than I am Motion to adjourn All in favor say aye. Aye opposing me Chair vote aye