HomeMy WebLinkAbout2021-11-08 - City Commission NWCEO Meeting MinutesWe C a,("
NORTHWEST COUNCIL OF ELECTED OFFICIALS
Monday, November 8, 2021
12:OOpm
MinutPt
CALL TO ORDER:
Mayor Hazelle Rogers called the meeting to order at 12:18 p.m.
Treasa Brown Stubbs rendered the prayer.
Mayor Rogers invited City Manager Phil Alleyne, who attended the meeting virtually, to
say a few words to the attendees; he extended a warm welcome to all and thanked City
Attorney, Sidney Calloway, for being the presenter.
Vice Mayor Beverly Williams and Commissioner Maxwell -Williams provided greetings
virtually. Vice Mayor Williams indicated that she will be subsequently joining the meeting,
in person.
All elected officials from member cities attending virtually also brought greetings.
Mayor Rogers welcomed all elected officials, virtual and in person, and indicated that she
was happy for the opportunity to see everyone since it had been such a long time that
they all got together. She also thanked staff, both virtual and in person for joining the
meeting.
PRESENT:
CITY OF LAUDERDALE LAKES
Hazelle Rogers, Mayor - in person
Beverly Williams, Vice Mayor — virtual/in person
Marilyn Davis, Commissioner —virtual
Veronica Edwards Phillips, Commissioner — in person
Karlene Maxwell -Williams, Commissioner — virtual
CITY OF COCONUT CREEK
Sandra Welch, Commissioner — virtual
CITY OF CORAL SPRINGS
Scott Brooks, Mayor —virtual
Joshua Simmons, Vice Mayor - in person
Joy Carter, Commissioner —virtual
Nancy Metayer, Commissioner — virtual
CITY OF MARGATE
Arlene Schwartz, Mayor — in person
Anthony Caggiano, Commissioner — in person
CITY OF NORTH LAUDERDALE
Samson Borgelin, Commissioner — in person
CITY OF PARKLAND
Rich Walker, Mayor — in person
Bob Mayersohn, Vice Mayor, virtual
Ken Cutler, Commissioner — virtual
CITY OF SUNRISE
Jacqueline Guzman, Asst. Deputy Mayor — in person
Joseph Scuotto, Commissioner — in person
Mark Douglas, Commissioner — in person
CITY OF LAUDERHILL
Ken Thurston, Mayor— in person
OTHER PERSONS PRESENT
Sidney Calloway, City Attorney (Presenter) — in person
Phil Alleyne, City Manager — virtual
Treasa Brown -Stubbs, Assistant City Manager — in person
Tanya Davis -Hernandez, Director, Development Services - in person
Peggy Castano, Asst. to the City Manager/Director, Administrative Services — in person
Ashley Hepburn, Director, Financial Services — virtual
Ronald Desbrunes, Director, Public Works — virtual
D'Andrea Giddens-Jones, Director, Human Resources — virtual
Maqsood Nasir, City Engineer- in person
Celestine Dunmore, CRA Executive Director — virtual
Kurt Brown, Director, Information Technology — in person
Venice Howard, City Clerk — virtual
Cpt. Kevin Gabay, Lauderdale Lakes BSO Fire Chief —in person
Ericka Lockett, Asst. Director, Parks & Human Services - in person
Robin Soodeen, Asst. Director, Public Works - virtual
Martha Mercier, PIO — in person
Lolita Codrington, Legislative Assistant — in person
Dwight Hinkson, Commission Aide — in person
ALSO PRESENT
Eulalee Bax, Resident, City of Lauderdale Lakes
Mayor Rogers introduced the City Attorney Sidney Calloway, Partner, Shutts and Bowen,
LLP, to speak on the topic of the 2"d Amendment issue related to Home -Based
Businesses. She also introduced Director of Development Services, Tanya Davis -
Hernandez, to speak on the topic Risk Rating 2.0 — Equity in Action, which addresses
FEMA and flood insurance.
Mr. Calloway spoke on the new legislation regarding home based businesses:
• Noted that the State legislation started out as House Bill 403 and was enacted by
the Legislature
• Said he believed most cities in South Florida and throughout Florida have begun,
and probably have some legislation already in their codes of ordinances that
relates to the regulation of home based businesses as it is described in HB 403
• Said HB 403 is recognized in the Lauderdale Lakes Code; said home based
businesses as it is given to us now under HB403 is a part of Florida Statutes
section 559.955
• Noted that the legislation essentially states that local governments may not
enhance any ordinance or enforce any regulation or policy or take any action to
license or otherwise regulate a homebased business that is a violation of the
statute; this is another opportunity that the Legislature has taken to take more
authority away from local government
• Said City of Lauderdale Lakes has an ordinance that has been in place since 2006
and amended in 2013; it essentially covers that all permitted occupations are
permitted to operate in a residential zoning district in the city provided certain
regulations were met;
• Stated that under the State code, a business can be any business; the only
exception to that is that local government can regulate a business activity as it
pertains to the storage or use of explosives, corrosive, combustible, flammable or
hazardous materials or liquid; this is the prerogative local businesses have
• Said that it does not really speak to the larger issues as to other kinds of uses that
might not be compatible in a residential district
• Noted that the City of Lauderdale Lakes had an applicant who wanted to establish
in a residential district, the ability to sell ammunition
• Suggested that the big hole in the new legislation is that on one hand it does say
that if you are a residential homeowner, homeowners association or condo
association, or cooperative that is regulated under chapter 718, 719, and 720, if
an applicant wants to operate a homebased businesses in your association area,
you have the prerogative, as the association, to say yes or no; if you are however
in a residential district that maybe an older community or a single family
neighborhood without an association, you do not have that protection; you do not
have the ability to come to your city and say "we don't like what's going on". This
is the large gap that requires help from our elected leaders and the State
Legislature; this is the area where homeowners, stakeholders in the residential
community ought to have the ability to say, as a local government "this is where
the buck stops".
• Noted that Lauderdale Lakes operates under Section 1112 of their code;
suggested that is the type of legislation that all cities should be looking to; this
identifies one of the primary components that any home based business should
have and be able to maintain the primary use as a residential business — it provides
solicitation on parking; it outlines a whole list of occupations that we all would think
will be appropriate, provided that other things did not happen; e.g. Attorneys,
Investigators, Brokers, Architects, Engineers, Accountants, Mortgage Brokers,
Clergymen, other professional persons; tutoring, commercial business enterprise,
marketing, sales, solicitation of goods; telephones or fax, electronic devices,
manufacturing representatives, sales services, typing taxation services, Artists,
Sculptors, Craftsmen, minor repairs of maintenance of clocks or watches; these
are all permitted activities under the City's existing code
• Suggested that all local governments should ask legislators to give the city back
the opportunity to provide some rational regulations around this kind of use; it
would make sense to allow municipal agencies to be the primary goal keeper of
what is allowed in their residential community
• Noted that the City of Lauderdale Lakes already communicated to developers that
part of the approval process will include some provisions to the developers
agreement of what the city would like to see, and was successful in doing that;
suggested that this is what cities might want to do; include provisions in their new
developers agreements that would mirror what their city would like to see
• Noted that developers like Lennar Homes and Pulte Homes or people that will be
buying those homes, is in favor of that since they do not want to see nuisance
activities in their developments; they want the best for their developments; under
this legislation there is no protection from nuisance type activities
• Advise speaking with Mayor Rogers who started discussions with the Legislative
Delegation in Broward and at the State level, who should be at the top of this issue
Mayor Rogers opened the floor to questions.
Mayor Arlene Schwartz suggested preparing something for cities to sign on to and
send to the Broward League of Cities.
Attorney Calloway said this was an excellent idea for getting together and addressing
this concern; the suggestion was right on the point.
Mayor Arlene Schwartz suggested then that Mayor Rogers take the lead in preparing
a document to be signed on to, since there is unity and strength in numbers.
Mayor Rogers was in agreement.
Commissioner Mark Douglas offered comments regarding single family homes and asked
if the potential existed to form community associations that will in turn, create the
framework for putting limitations in place.
Referenced Attorney Calloway's comments on flammable materials, explosives, etc., -
made mention of a motorcycle he had stored in a room because it had not been used in
decades; said he was informed that it was flammable because it had a gas tank connected
to it and there was an issue with the way it was stored;
• Said he grappled with the idea that people wanted to make their driveways into
garages/mechanic shops; mentioned this creates issues regarding the aesthetics
of the neighborhood; asked whether a definition could be included in the legislation
to cover these types of practices; expressed that he was concerned that there were
bad actors who now want to convert their driveways and whether the idea of
explosives/flammable, could be interpreted to exclude such types of practices.
Mayor Rogers commented
• Mentioned that older communities does not have mandatory associations; this
is where local government come in, hence the reason cities had their own
codes
• Said it is not aesthetically pleasing when there are lots of commercial vehicles
all over the driveways;
• Expressed concerns that they are some legislators, not necessarily in Broward
County, who might not support the legislation;
• Said there is need for voices to be heard on this issue, hence the current
discussion;
• Made mention of officials like State Representative and former commissioner
of Lauderdale Lakes, Patricia Williams, and House Representative, Christine
Hunschofsky, former mayor of City of Parkland, who brought forth the issue at
the State level in the past
• Said cities need the help of legislators who not only represent Broward County
• Said every city represented at the meeting should join in and let their voices be
heard if it is of interest them
Commissioner Caggiano, City of Margate, asked if there was any ability to control
lighting on single family home businesses; is there any ability to control the hours that
they are running their business, any ability to control the number of cars, the number
of people?
Mayor Rogers advised that none of that was included in the legislation, nothing that is
outside of the bricks and mortar is included; asked the City Attorney to address the
query.
Attorney Calloway
• Offered that the legislation says that parking requirements cannot be inconsistent
with what the neighborhood for a non-homebased residence would require; said
that gives a little flexibility to say how many vehicles can be parked; there is some
flexibility for the business to operate there as well
• Noted that one of the things about the legislation is that it is not concise; it leaves
a lot of room for discussion between an applicant and the HOA or resident/land lord-,
it provides for the applicant for homebased businesses to sue local government
and get attorney fees;
• Said there should be some room to make sure that the Legislature understands
that, but for local government, unless you are a homeowners association, condo
or cooperative, other residential districts simply have no one to be able to provide
any real prudent oversight of what takes place in a residential district in the form
of a homebased business
Mayor Rogers recognized Mayor Thurston who thanked the City of Lauderdale Lakes for
hosting a great meeting with a great topic.
Mayor Rogers recognized Vice Mayor Williams' physical presence at the meeting,
mentioned that she is the President of the Broward League of Cities so "we have a voice
at the table", so this item will first go to the Broward League of Cities and then on to the
Florida League of Cities.
Development Services Director, Tanya Davis Hernandez, spoke briefly regarding FEMA's
"Risk Rating 2.0" regarding flood zones and provided a handout with frequently asked
questions to members. Ms. Davis Hernandez mentioned:
• FEMA has a new methodology for flood insurance utilizing an equity system knows
as Risk Rating 2.0; uses a new algorithm to come up with the flood insurance that
will be assessed
• Average homeowner will see about an $86 increase, about 23% of flood policies;
66% will see up to a $10 increase, 7% will see a $20 increase in flood insurance
• Residents suffer as a result of high flood insurance; it is expensive to maintain
• The algorithm can be tested; after testing the algorithm, cities can advocate at the
State level
• Mentioned that the information provided offers a great opportunity for officials to
speak to their residents about the tabulation of flood insurance
• Indicated that the information provided tools for elected officials to access
information from FEMA that they are able to share with their residents
Mayor Rogers recognized Lauderdale Lakes Commissioner Marilyn Davis who attended
virtually. She also entertained a few words from Commissioner Edwards Phillips who
attended in person.
There being no further questions or comments, Mayor Rogers thanked everyone in the
virtual world as well as in person for attending the meeting.
There being no further business, the meeting adjourned at 1.08 p.m.