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CASSELBERRY CITY COMMISSION Minutes of September 13, 2021 — Regular Meeting Page 10 of 19 Recommendation: The City Manager and the Public Works Director recommended approval of Resolution 21-3264. Audience Participation: No one carne forward to address Resolution 21-3264. MOTION: Commissioner Meadows moved to approve Resolution 21-3264 as presented. Motion was seconded by Vice Mayor Busch. Motion carried unanimously by voice vote 5-0. 10. FIRST READING OF ORDINANCES A. Ordinance 21-1557 — Amending Chapter 94 Waterways The City Clerk read Ordinance 21-1557 by title, as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING CHAPTER 94, "WATERWAYS", OF THE CODE OF ORDINANCES TO UPDATE TO COMPORT WITH STATE LAW, TO ADD NEW DEFINITIONS AND REMOVE OBSOLETE DEFINITIONS, TO CLARIFY THE AUTHORITY OF THE CITY, TO UPDATE REGULATIONS FOR WATERWAY CONTROL AND THE PERMITTING REQUIREMENTS FOR CONSTRUCTION ON LAKE BOTTOMS AND MOORING STRUCTURES, TO ADD A PROCESS FOR THE REMOVAL OF PUBLIC HAZARDS, TO PROHIBIT ABANDONED OR DERELICT VESSELS OR WATERCRAFT AND TO ADD AN ENFORCEMENT PROCESS, AND TO ADOPT CHAPTER 327 OF THE FLORIDA STATUTES FOR THE REGULATION AND OPERATION OF VESSELS WITHIN THE CITY; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Staff Presentation: Planner II Christina Hyson stated that Ordinance 21-1557 amends Chapter 94, Waterways, of the Code of Ordinances. This is the chapter that regulates waterways within the City. Many of the sections within this chapter have not been modified since it was adopted in 1982. Therefore, Ordinance 21-1557 provides a much-needed update. The ordinance proposes amending the definition section of the chapter to incorporate definitions in Florida Statutes Chapter 327.02; providing clarification to existing definitions; adding new terms and definitions to clarify new sections that are being added; and deleting obsolete definitions. The ordinance also proposes amending Article I, which provides regulations for waterway control. These amendments include correctly identifying the approving body to issue certain permits and providing a clear process for applicants to obtain a permit to construct on lake bottorns that are public owned or privately owned. Also, new sections were added to provide general requirements for mooring structures; creating a process that ensures a prompt removal of public hazards in waterways; and establishing enforcement procedures for the abatement of abandoned or derelict vessels and watercraft. Finally, Article I1 is proposed to be amended to adopt Chapter 327 of the Florida Statutes for the regulation of operation of vessels within the City. Since much of the field of boating regulation is preempted to the state and federal governments, many of the existing sections within this article will be repealed in order to prevent conflicts. In response to questions from Commissioner Albritton regarding the definition of disuse, Ms. Hyson explained that regulation was being added with the intent of preventing an abandoned vessel or a derelict vessel from becoming a public nuisance. If it is screened and located in someone's backyard and