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CASSELBCRRY CITY COMMISSION Minutes of October 11, 2021 - Regular Meeting Page 9 of 17 WITHIN THE CITY; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Notice of Public Hearing: The Notice of Public Hearing relative to second reading of Ordinance 21-1557 was advertised in the Orlando Sentinel on Thursday, September 30, 2021. Staff Presentation: Planner II Christina Hyson stated that Ordinance 21-1557 amends Chapter 94, Waterways, of the City Code of Ordinances which provides regulations for waterways within the City. As many sections within this chapter have not been updated since 1982 an update is needed to comport with state statutes, correct outdated language, provide additional clarification and to add sections that will further protect the general health, safety, and welfare of the community. The first reading of Ordinance 21-1557 was approved by the City Commission on Sept 13, 2021. Based on feedback from the City Commission during the first reading staff made one change to the ordinance prior to second reading which was that Section 94-9(b), Storage of unlicensed and/or inoperable vessels on private property, was deleted to remove confusion. Therefore, storage of a vessel in a residential area would following the existing regulations for recreational equipment in Section 3-10.9. No other changes were made to the ordinance since first reading. Discussion: In response to concerns expressed by Commissioner Albritton regarding evidence of abandonment including vegetation that has grown up to touch the frame, Ms. Hyson advised that with the change made from first to second reading regarding storage being covered under Section 3-10.9, if the vessel was screened either by fencing or landscaping and was not visible from the public right-of-way, a reci(jP_,nt who was unable to mow the grass around i the heat would t, .,o t 1� a b `1 O wa J✓ he g a a. not have to e concerned about t t le vessel being towed as an abandoned or derelict vessel. Discussion ensued regarding various other concerns and related issues, including evidence of abandonment; screening requirements; storage requirements on private property; enforcement measures; requirements of Section 3-10.9; whether seven (7) day notice is sufficient for correction of any violation; concerns about financial burden to residents if vessel is towed; the need for clear evidence of disuse, neglect or abandonment to warrant a hearing before the City's Magistrate; rights of appeal; the fact that the ordinance could be revised in the future if it is found to be too restrictive; access to waterways at night; definitions; lighting on docks; pollution of waterways; and licensure requirements. Budget Impact: There is no impact to the City Budget. Recommendation: The City Manager and the Community Development Director recommended adoption of Ordinance 21-1557 on second and final reading. Public Hearing: Mayor Henson stated this was a public hearing to hear and consider comments and questions regarding Ordinance 21-1557. Mayor Henson opened the floor for public participation. The following individual came forward: 1. Rhonda Ovist, 220 South Embrey Drive, expressed concerns about what she perceived as a lack of clarity in the ordinance regarding the meaning of abandonment, screening and licensure, and the possible burden the regulations may be for some residents. No one else came forward to address Ordinance 21-1557. Mayor Henson closed the public hearing relative to Ordinance 21-1557.