[MissoulaGov] Committee Update 3-17-10

[Steve Adler]

Like many,  I believe that drunk driving is a universal "bad" and should be clamped down on.  The trouble I have with an automatic fine is that it assumes guilt - on the spot - before innocence.  The good part of the breathalyzer, itself, is that it's whole intent is to help determine guilt or innocence.  That makes sense to me.  You get pulled over, you get tested.  And it seems that there are plenty of other legalities requiring a driver to take the breathalyzer test.  

To me, a fine is no stronger a deterrent than losing your license.  If adding a fine proves to be a really effective deterrent, I will certainly stand corrected.  If it is not, it just adds insult.

I've spoken to several folks who have their hackles up about this and who have said they would refuse the breathalyzer, just on principle, even when stone cold sober.  I don't think this is the type of relationship the citizenry wants to have with law enforcement.  In my conversations, the elephant in the room seems to be revenue.  Under the impression that a fine - on top of losing a license - is redundant, folks are pretty free about making assumptions.  But does anyone know if this would be a revenue generator? Or will it cost the City more to deal with the fall-out than any fines will cover?   If it's perceived as "just" a revenue generator, is that what we want our law enforcement spending their time and effort on?   If it costs the city more to implement, without proof of effectiveness, is that what we want our law enforcement spending their time and effort on?  Any evidence on effectiveness one way or another?  What is the experience or inclination of our law enforcement agencies?

Steve Adler








From: David Strohmaier 
Sent: Friday, March 19, 2010 6:57 AM
To: Bob Jaffe ; missoulagov at cmslists.com 
Subject: Re: [MissoulaGov] Committee Update 3-17-10


One point of clarification--as near as I can tell after reviewing the recently passed Darby ordinance, it is identical to the Missoula ordinance (with the exception to "Darby" having been inserted where our proposed ordinance says "Missoula"). Unless there is some other bit of text that they inserted into our ordinance that I missed, to the extent that it is identical, there is no provision that someone must first be convicted of a DUI before being fined.
 
Dave

Dave Strohmaier



 

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From: BJaffe at ci.missoula.mt.us
To: missoulagov at cmslists.com
Date: Wed, 17 Mar 2010 21:43:16 -0600
Subject: [MissoulaGov] Committee Update 3-17-10


Greetings,

This morning at 8:30 the whole block out front from council chambers was already closed off for the Sean Kelley’s St. Patrick’s Day beer garden. There was some irony in this as we were starting the day with our DUI discussion.  I’m still not settled on how I feel about this one. The ordinance would make it a misdemeanor to refuse a breathalyzer test. According to the Ordinance the purpose is to “deter persons from engaging in this [DUI] dangerous activity.”

Some new thoughts from today:

We don’t have local data yet but a national study shows that refusing a test does not reduce conviction rates.

We were told that this may be true but it takes more money and resources to obtain those convictions.

According to Montana Statute, by driving on a public road you automatically give consent to a test.

Miranda rights apply to testimony, not physical evidence. A sobriety test is considered physical evidence.

If you give your consent to a breath test, and pass, you can be required to take a blood test.

The new Darby ordinance penalizes a person for refusing a test only if they are subsequently convicted of DUI.

One of the motivations for the ordinance is to encourage the legislature to strengthen state laws.



The public hearing is set for March 22nd.



Next was conservation where we learned about two new open space purchases.  The first is a section of land in Marshal Canyon on the back of Mt. Jumbo. It is currently held by the nature conservancy and there are existing public road easements across the parcel. Ultimately this land will need to be sold by the nature conservancy and it is desirable as a home site. So this is a good choice for transfer to city open space. It is 216 acres for $216,000. Purchasing this piece secures the trail connection between the rattlesnake and East Missoula.

The other parcel is 304 acres in the North Hills above the land fill. At some point Allied Waste purchased this land along with another large parcel to the west of the landfill. Their intention is to save the parcel to the west for future expansion in about 20 years.  The parcel higher up the hill they purchased with the intent of setting up a conservation easement. The appraised value of the easement is $2,205,000. We are paying them $445,000 from the open space fund and $50,000 from Five Valleys Land Trust. The $1,710,000 balance is being donated by Allied Waste.  This is another important connecting piece for the elk range.

  

In PAZ we had an uneventful discussion about updates to the growth policy regarding sand and gravel resources and the wild land urban interface.



In A&F we learned about an effort to set up a new farmers market on Sundays over by the Carousel. Everyone was supportive of the idea. It should start in mid-May. We also approved another one of those Economic Development Grant applications that the city has to sign on to. This one was for WGM group to get something like $22,000 to help set up a program to hire a few engineers from Smurfit Stone. Dick Haines was the only vote against the item. This broke our three week streak of all unanimous votes. Dick insisted the item be placed on committee reports on Monday night but refused to offer any comment or reason for his negative vote. I’m always baffled by this. If he’s got a problem with the thing why not say what it is so the rest of us can consider his point. This would also give staff the opportunity to respond and possibly settle his objection. By forcing it to committee reports it also forces staff to come to the meeting on Monday. I imagine each time he does this it must cost the tax payers at least $100. I’m hoping he has something meaningful to offer on Monday.



In Public Works we got an update on all the construction projects that are coming up. There are a ton of them this year all over the valley. We have the big roundabout up in Miller Creek; the North Higgins reconstruction downtown; A ton of sidewalk installations all over ward 6; Brooks between Higgins and Mount will be rebuilt; Greenough Drive from Spruce to the north hills trail is getting curbs and sidewalk. There will also be the pedestrian bridge replacement up in greenough park and a bunch of new park equipment installations. Through some other recovery money we will be installing some fire hydrants in the franklin to the fort neighborhood and repairing the decking on the northside pedestrian bridge. 



Some details on the Brooks street project are that the road will be widened about three feet on either side. There will be parking on both sides, bike lanes, and one driving lane each way. This section does not currently have curbs so most of the intrusion into the boulevard is already worn and parked on.  Most of the trees on this stretch are very old and nearing the end of their lives. There are a few that may need to be taken out as part of the project. 



Remember to rake your leaves out this week!!



Thanks for your interest,



Bob Jaffe

Missoula City Council, Ward Three

1225 South 2nd West

Missoula, MT 59801

(406) 880-2052



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