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11-18-19 Workshop MinutesATTENDANCE: Present: Also Present: CALL TO ORDER MINUTES Commission Workshop Meeting Monday, November 18, 2019 - 6:00 PM Commission Chamber Ellen Glasser, Mayor - Seat 1 Cindy Anderson, Commissioner - Seat 2 Blythe Waters, Mayor Pro Tem / Commissioner Seat 3 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Commissioner - Seat 5 Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk Mayor Glasser opened the meeting at 6:00 PM, followed by the Pledge of Allegiance. Mayor Glasser Production of The Little Nut is scheduled for November 22nd, and is one of the productions funded by the Cultural Arts and Recreation Advisory Committee's CARAC) grants. Holiday Cards will be ready for signing soon. Youth Council leaders will be attending and shadowing the Commissioners at Monday's meeting. Commissioner Kelly Books are needed for the Little Library at the Gail Baker Center. 1. TOPICS FOR DISCUSSION A. Enforcement of Basketball Goals in public rights-of-way. Code Enforcement Officer Angela Irizarry addressed the Commission and spoke regarding a complaint received in July about a portable basketball goal in the right-of- way in front of someone's home. She stated the Code specifically prohibits basketball goals and temporary or permanent recreational structures. She stated the owner is now in compliance, but the original complainant submitted additional complaints regarding other portable goals throughout the City. Officer Irizarry reported that staff expects push back on enforcing the additional portable basketball goals and requested Commission guidance. Commission Workshop November 18, 2019 Discussion and questions ensued regarding traffic conditions, enforcement of other violations in this section of the Code, and reported locations. CM Corbin reported the City will be pursuing enforcement of the reported violations, but plans to work with the property owners regarding resolution. Commissioner Anderson expressed concerns with "selective" enforcement, or enforcement by complaint, and mentioned the option to change the Code. She believes you either enforce the Code, or you change it. Commissioner Kelly stated she is in agreement with changing the Code. Commissioner Waters stated she is in agreement with amending the Code. Commissioner Norris stated she is in agreement with enforcing the Code or updating it. Mayor Glasser asked CA Durden about a Code change. CA Durden explained it is possible to change the Code, noting there is a provision in Sec. 19-2 that allows a person to come in and seek a permit for any of the things listed in Sec. 19-1. Discussion ensued regarding the provision for a permit. Mayor Glasser added that she is in agreement with enforcing the Code, although with our resources we cannot possibly enforce everything all of the time; there has to be a balance. Discussion ensued regarding code enforcement being "by complaint", the provision to apply for a revocable permit, staffs plan of notification and citation, and using the City newsletter to inform and update residents on this matter. Jeannie Chin expressed thanks to City staff for the great job of attempting to remediate. She spoke of the things they have done to try to oblige their neighbor (the complainant). Ms. Chin stated the family did not want to put other people's hoops in jeopardy, so they removed the hoop. Ms. Chin expressed sadness if this were to be taken away. She asked "Why wouldn't we change the Code to allow for this?" She spoke of taking responsibility to keep her kid safe and asked for an amendment to the Code. Commissioner Anderson asked CA Durden what the process would be if they wanted to amend the Code. CA Durden stated we would draft an ordinance; it would go through two readings, as any other time we want to change our Code; and would require an advertised public hearing. Commission Workshop November 18, 2019 Mayor Glasser added that every ordinance undergoes a staff review and also that the permit is also an option. Commissioner Anderson inquired whether all of the Commissioners were apprised of the permit? She stated (for the record) that the Commissioners said no. DCM Hogencamp noted that the permit fee is $25.00 and staff did not advise the Chins of the provision of applying for a permit because. the City would not have approved it until after receiving Commission feedback. Commissioner Norris inquired about defining the end goal of the City's right-of-way ordinances to determine if portable basketball goals affect that end goal. Mayor Glasser stated her concern is not about the equipment being in the rights-of- way, it is about the kids being on the street. Commissioner Norris replied "I don't know if that is on us to legislate." Commissioner Waters spoke about the Code being very wide and it stating that people cannot put parking spots in rights-of-way; however, pavers are being install and people are parking there. She stated if you are going to enforce that section of the Code, it's not just removing the basketball hoops. Commissioner Anderson stated she would like to see the Code amended. Commissioner Norris stated that the whole section may need reviewed at some point. CM Corbin asked for clarification that we are not talking about the pavement but the right-of-way between the edge of pavement and the property line. Commissioners confirmed, stating they could be placed in the rights-of-way, but not in the road. There was CONSENSUS to move forward to a staff review. B. Home Rule Issue: Consideration of Adoption of a Resolution Supporting Efforts to Remove State Statute Preemptions of Local Law Relating to Regulation of Auxiliary Containers, Wrappings or Plastic Bags or Use or Sale of Polystyrene. Mayor Glasser addressed the Commission about Home Rule Issues and expressed concerns with legislation which preempts a city's ability to regulate what goes on in their own communities. She stated that the Florida League of Cities 2020 legislative agenda includes several categories that the League is taking a stand on. Mayor Glasser referred to the letter and sample Resolution (included in the agenda packet) requesting the Commission to consider a Resolution stating their position on preemption of local law in regard to plastics. Commission Workshop November 18, 2019 Commissioner Norris spoke about a particular case from Coral Gables that the Commission is following which resulted in several municipalities pulling back their legislation that regulated plastic and styrofoam. She stated that an appeal has been filed and prompted the filing of Senate Bill 182 and House Bill 6043. She stated that both of these would remove preemption language from the Florida Statutes and once again provide Home Rule to local cities. Mayor Glasser asked Commissioner Norris to speak on the analysis and report by the Department of Environmental Protection (DEP). Commissioner Norris responded that in 2008, Florida Statute 403.7033 was passed instructing the DEP to undertake an analysis and deliver a report to state lawmakers with recommendations on what to do with plastic. She reported the final report was delivered February 1, 2010, and included a list of solutions with pros and cons of each. She believes nothing has been done since the report. A brief discussion ensued regarding the report. Commissioner Kelly spoke about the affect of plastic on greenhouse gas and the carbon footprint. Commissioner Norris replied and clarified that the first step in moving forward is notifying state lawmakers that this is an issue of Home Rule. Commissioner Waters spoke about the report and recommendations from DEP, but stated this is specifically a home rule issue and anything written should focus on that. Discussion ensued about drafting a Resolution to support Home Rule. There was CONSENSUS to draft a Resolution supporting efforts to remove State Statute preemptions of local law and to support Senate Bill 182 and House Bill 6043. C. Home Rule Issue: Amicus Brief Request Mayor Glasser invited CA Durden to report on this Item and asked the Commission to focus on the Home Rule issue. CA Durden gave a brief overview of a case regarding a Circuit Court judge in Orange County, Florida that found the Orange County local Human Rights Ordinance (HRO), which is substantially similar to that of the City of Atlantic Beach (COAB) as preempted by the Florida Civil Rights Act (FCRA). She reported that Orange County appealed the decision to the Florida Fifth District Court of Appeals. She stated there are forty-four local governments that have HROs similar to ours that are banning together to work on an Amicus Brief (friend of the court brief). She stated that an amicus brief happens quite often on cases that could have an impact on a lot of people. She reviewed a letter, located in the agenda packet, received from Miami Beach City Commission Workshop November 18, 2019 Attorney asking permission to add COAB to the list of cities that are signing onto the amicus brief in support of Orange County. CA Durden asked the Commission if they wish to move forward and have staff draft a Resolution for consideration and vote whether to add Atlantic Beach to the list of names. Discussion and questions ensued regarding interest on whether to sign on to the amicus brief. Due to the brief currently being drafted, Mayor Glasser stated she will request a copy of the draft brief for Commission review and revisit the topic later, if desired. D. Home Rule Issue: Small Cell Statute; Florida League of Cities Mayor Glasser referred to the article on page 19 of the agenda packet and explained how local governments would be affected. She reported that the Florida League of Cities and other municipalities filed a lawsuit challenging the state law that helps telecommunications companies install 5G wireless technology on city -owned utility poles and public rights -of way. Commissioner Anderson asked if they are asking us to join an amicus brief or draft a resolution. Mayor Glasser answered they are not. Mayor Glasser explained this is a hot topic and wanted to bring it to the attention of the Commission. She stated she could reach out to the cities and see what they are doing if the Commission is interested in doing so. She reiterated that the City has not been contacted or asked to join the lawsuit. CA Durden spoke and added that legislation in 2017 and 2019 has been paring away at the ability to regulate this. Discussion ensued regarding our ordinance and staff being aware of what we can and cannot do. Mayor Glasser spoke about another home rule issue, a Tree Ordinance that passed in the 2019 legislative session. CM Corbin spoke about what was added in the Tree Ordinance and how it affects our Code. CA Durden clarified what the Tree Ordinance contained. Mayor Glasser asked the Commission if they have interest repeal the Tree Code Ordinance. Discussion ensued regarding how to proceed to take a Ordinance. There was CONSENSUS for a resolution and to reach delegation. in passing a resolution to stance against that Tree out to our congressional Commission Workshop November 18, 2019 CM Corbin updated the Commission on the Tree Ordinance, which is being worked on by the Environmental Stewardship Committee (ESC). Commissioner Kelly reported that the ESC is planning a tree dedication for Arbor Day. 2. PUBLIC COMMENT Dr. Erick Aguilar, Congressional Candidate for Florida's 4th District, addressed the Commission and stated he is visiting cities throughout the district, listening for hot topics and items that Congress may be able to assist them with. He gave his website, erickforcongress.com and invited anyone to reach out to him. ADJOURNMENT Mayor Glasser adjourned the meeting at 7:23 PM. Attest: IZmz& Donna L. Bartle, City Clerk Ellen Glasser, Mayor Lb -Li L) Date Approved Commission Workshop November 18, 2019