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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.