CC 01/13/2020 Minutes - Laserfiche WebLink

Home Browse Search

CASSELBERRY CITY COMMISSION Minutes of January 13, 2020 — Regular Meeting Page 9 of 11 DISTRICT AND GENERAL REGULATIONS, ARTICLE VII, GENERAL REGULATIONS, TO CREATE A NEW SECTION 2-7.38, "COLLECTION BINS", TO PROVIDE TIME, PLACE, AND MANNER REGULATIONS; AND TO AMEND PART III, UNIFIED LAND DEVELOPMENT REGULATIONS, CHAPTER V, GLOSSARY, ARTICLE XXI, LANGUAGE AND DEFINITIONS, SECTION 5-21.2, DEFINITION OF TERMS, TO ADD DEFINITIONS; AND PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Staff Presentation: Community Development Director Chris Bowley stated that Ordinance 20-1531 amends the City of Casselberry Unified Land Development Regulations by adding standards and definitions for Collection Bins (LPA 19-17). Discussion: Brief discussion ensued regarding: regulation options for local government and federal and state regulation requirements including signage and property owner approval for placement; tendency for placement in non -approved areas and effect on ADA compliance and site parking requirements; possibility of site debris and solid waste issues if unchecked; creation of standards and limiting to certain zoning districts to ensure accountability for maintenance and code compliance purposes; and how other municipalities are addressing the issue. City Attorney Reischmann advised that there are strong Constitutional protections for the bins as they are considered silent solicitors and solicitation has a First Amendment element, and that is why the focus of City staff was on the unsightliness of the bins and the possibility of blight created by non -maintenance of the bins, rather than pursuing the solicitation aspect of the bins. Mr. Bowley added that the ordinance was drafted to fall under time, place and manner regulations which is allowed by federal and state law. Budget Impact: There is no impact to the City Budget. Recommendation: The City Manager and the Community Development Director recommended approval of Ordinance 20-1531 on first reading. Audience Participation: No one came forward to address Ordinance 20-1531 MOTION: Commissioner Aramendia moved to approve Ordinance 20-1531 on first reading, as presented. Motion was seconded by Commissioner Busch. Motion carried unanimously by voice vote 4-0. C. Ordinance 20-1532 — Amending City Code of Ordinances Chapter 52 Human Resources The City Clerk read Ordinance 20-1532 by title, as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 52, HUMAN RESOURCES, ARTICLE 1, IN GENERAL, BY ADDING A NEW SECTION 52-21, EMPLOYEE BACKGROUND SCREENING, PERMITTING CRIMINAL HISTORY RECORD CHECKS FOR CERTAIN MUNICIPAL EMPLOYEES, APPOINTEES, AND PRIVATE CONTRACTORS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE."