Mayor & Commission Meetings

LEGISLATIVE REVIEW COMMITTEE Thursday, August 5, 2021 Committee Members Present: Committee Members Absent: Commissioner Allison Wright, Chair Commissioner Jesse Houle Commissioner Carol Myers Commissioner Mariah Parker *Left at 2:00 p.m. Commissioner Ovita Thornton *Left at 2:55 p.m. Staff: Niki Jones, Assistant Manager Andrew Saunders, Central Services Sherrie Hines, Chief Assistant Attorney Gavin Hassemer, Central Services Deputy Chief Harrison Daniel, Police Department Angel Helmly, Central Services Captain Aubrey Epps, Police Department Suki Janssen, Solid Waste Lieutenant Phil Basinger, Police Department Sarah George, Recorder Commissioner Wright called the meeting to order at 1:00 p.m. A. Approval of Agenda: Commissioner Thornton made a motion to amend the agenda to add an introduction from Assistant Manager Jones related to the human relations committee topic. Commissioner Houle seconded. The motion passed unanimously. Commissioner Thornton made a motion to approve the agenda. Commissioner Houle seconded. The motion passed unanimously. B. Approval of Minutes: Commissioner Houle made a motion to approve the July 22, 2021 minutes. Commissioner Thornton seconded. The motion passed unanimously. Commission Identified Items of Interest: C. Review and make recommendations regarding current alcohol serving opportunities for Special Events on public properties and public rights-of-way (both free public activities and ticketed events), including flexibility regarding shape and size requirements of drinking areas, food service requirements, furniture requirements, and consideration of the ratio of police officers required per physical size or occupancy, as well as review of areas managed by Leisure Services that may be available for Special Events that serve alcohol. (Mayor Girtz assigned to LRC on February 4, 2020) Niki Jones introduced the topic and summarized past discussion. He explained that the Committee had sent the draft ordinance to the full Mayor and Commission for consideration at the August 3, 2021 meeting and, after receiving public input, the topic was returned to Committee for further refinement. Commissioner Wright asked the Committee what their thoughts were on the input that they received. She noted that, after speaking with staff, the Committee may be able to remove the specification on the ounces of the container. Sherrie Hines explained that limiting the number of ounces per container is a policy decision, but she would recommend having some sort of  maximum ounces to ensure vessels that were used were not too large. She also noted that the main concern when considering a cup versus a koozie would be which method would be the easiest for people to try to bring in their own alcohol; a koozie may be the easier way for them to do that. That said, it would likely come down to what is considered acceptable levels of risk. She also shared that one idea may be having a sticker placed on a can that would be visible to police officers but would not negatively affect recycling. Andrew Saunders agreed with Sherrie Hines that some level of a cap on the amount of ounces per container. Commissioner Houle suggested, rather than specifying an amount, using language that prohibits exceeding a certain amount. Commissioner Myers suggested having the container not to exceed either 20 or 24 ounces. This would allow the Committee to respond to the request made by event sponsors to allow 20 ounce containers. Commissioner Myers also noted that she had spoken with Commissioner Davenport about his concern that koozies might be more of a problem if they ended up in the landfill. Commissioner Wright reiterated that the designated container and size applies to the festival zones. She explained that she believes the koozie and cup is another way to offer flexibility. Commissioner Myers noted that Commissioner Davenport had also spoken with her about possibly inserting the word “sustainable” for the approved container. Commissioner Myers inquired as to whether or not this could be added to the language. Sherrie Hines explained that her only concern is that we already have a new recycling and composing policy that deals with the types of containers that can be used for these types of special events, and we would not want to create the potential to have a conflict in this ordinance with that policy. She also reiterated her concern that people may try to bring in their own alcohol if the event used a koozie. Suki Janssen shared her thoughts on the recyclability of the products being discussed. She explained that a paper sticker would work on an aluminum can, as long as it was not too big and did not wrap around the can in its entirety. She also shared that the koozies, in her opinion, would just become litter; this tends to happen a lot when they are handed out at downtown events, or they will end up in the recycling or trash. She would not recommend anything that contributes more to trash downtown. She further noted that anything that we can do to protect our recycling stream, which a sticker or wrist band would do, would be her suggestion from Solid Waste. Commissioner Wright agreed that we should avoid more litter; however, she expressed concern with the logistics of having to place a sticker on a wet can of beer. Deputy Chief Harrison Daniel shared, from the Police Department perspective, if the Committee went with a cup, it would likely be easier to ensure what is being poured into the cup. He suggested the cup either be some level of translucent or clear, or even have some kind of unique emblem on the outside, to make it easier for security staff or officers who are managing the event to ensure that liquor was not being poured into them. Commissioner Houle explained that the use of containers is generally something they would like to get away from over time. They explained that, right now, they think it is important that we have something to move forward with as the pilot and revisit it in six months; however, they are not in support of revenue generation through items that are most likely to be thrown away and would like to see us get away from adding more garbage. Commissioner Houle also noted that some amount of sneaking is always going to happen with an event of large size. In their mind, the best strategy to limit this is to have a solid perimeter for the designated area and then check bags upon entry. They also suggested extending the expiration of this pilot to the day after M.L.K. day, so if they wanted to exercise use of this, they could. Legislative Review Committee Meeting Minutes Page 2 080521  Commissioner Thornton inquired as to whose responsibility it would be to conduct bag checks under Commissioner Houle’s suggestion. Commissioner Houle explained that they believe many large events have staff that check for tickets at gates, and the event organizers would also be able to provide staff members, perhaps at a separate station to prevent long lines, to check through bags. This would allow them to not just check for alcohol but also check for weapons. Deputy Chief Harrison Daniel agreed that the event staff would be most appropriate for those initial checks, but it would be important for them to have presence at those points. Commissioner Thornton inquired as to whether or not this language would be included in the ordinance if the Committee passes it. Niki Jones inquired about whether this language was already included in the ordinance. Sherrie Hines advised that she does not believe it is in the draft ordinance currently. Commissioner Wright explained that she was not in favor of a checkpoint. Her understanding was that they were trying to avoid open container issues upon departure. She did not believe you had to be 21 to enter the zone and that you only needed to get your ID checked and receive a wristband to prove you were of age to partake of alcoholic beverages within the festival zone. She expressed concern with the idea of checking backpacks. Commissioner Parker explained that she was a little less concerned about whether or not there are designated containers, but, for practicality sake, a lot of events do have beer on tap and ultimately there will be a need for a container for those. In regards to the security checkpoint idea, Commissioner Parker explained that she does believe, if people are going to be looking out for weapons anyway or a variety of other objects that are not permitted in the area, it would make sense to have staff also look out to see if someone is trying to bring in outside alcohol. She further noted she could see how it would be beneficial to an event sponsor’s profit as well as logistically in regards to the amount of staffing and resources necessary to monitor and keep the area safe, so she supported adding some language around some sort of checkpoint into the ordinance. Commissioner Myers explained that the policy that is currently in place does not require bags to be checked to access the event space, and she does not want to make it overly complicated for everyone unless we have a proven problem here in Athens. She also expressed concern that a lot of these organizations have a hard time getting volunteers, and she is not sure if having volunteers check bags would help with this issue. She believes requiring bags to be checked would add a complication that there is not a need for at this point. Commissioner Wright inquired as to whether or not the Committee agreed to have containers no larger than 24 ounces. The Committee agreed. Commissioner Wright asked the Committee if they agreed with extending the pilot through January 31, 2022. The Committee agreed. Commissioner Wright inquired as to whether or not, for this trial period, the Committee wanted to move forward with cups and koozies. Commissioner Thornton advised that she would not feel comfortable moving forward with a koozie, given the feedback the Committee has received from Solid Waste. Commissioner Wright asked the Committee their thoughts on having a designated cup. Captain Aubrey Epps explained that he is indifferent to vessels, but he believes setting a cap at 24 ounces and restricting glass vessels would be sufficient. He explained that having the wristband would provide age verification. He noted that the Police Department practices behavior-based enforcement on all events and downtown. They do not search bags unless they have a legitimate reason to approach someone and ask about their bag. In regards to people sneaking in alcohol into the event, if they are careless with it and draw attention to themselves, they will address it; however, they do not walk around looking for that. He also expressed concern with limiting these larger events to one block for a festival zone. He explained that it would be on the event sponsors to incur the costs to secure the event to the standards set by the Police Department and Central Services. If the event sponsor does not want to incur that cost, they do not have to have the festival zone and can opt for a beer garden instead. He shared that he believes allowing Legislative Review Committee Meeting Minutes Page 3 080521  multiple blocks that are approved by the Police Department and Central Services, regardless of whether or not they require electrical supply, should be left up to the operation planning that staff does in reviewing every event. Limiting events to either one festival zone or a collection of beer gardens is restrictive. If we are going to allow them to have just one block for a festival zone, they should be allowed to have a combination of the larger gardens to spread around. He explained that he could make a plan for anything, and he believes that particular consideration should not be in the ordinance but, rather, as approved by the Police Department and Central Services. Lieutenant Basinger explained that he does not believe having a checkpoint would be a good idea. One of the considerations staff made when drafting the ordinance was that the sidewalks would remain open for anybody who wanted to travel through the zone or to go to a business. By setting up checkpoints for bags, this consideration would be taken off the table. Lieutenant Basinger expressed concern that this may create a lot more issues. Commissioner Wright explained that she would like events to be welcoming or inviting, and she does not believe bag checks are welcoming or inviting. Commissioner Myers explained that her understanding was that the restrictions on the number of festival zones was so that we could control the situation and have sufficient staffing for police and so forth. Based on Captain Epps’ feedback, she explained that she supported making the restrictions on the number of festival zones and beer gardens more flexible. Commissioner Houle explained that they agreed, based on feedback received, that bag checks would not be a good idea. They also noted that, since this is a pilot, they would rather move forward with wristbands and not worry about vessels at all; they are disinclined to do anything that would encourage more waste. They explained they are also in support of multiple zones. Niki Jones explained that he will defer to expertise shared by staff, but he reiterated that this is the first time we have done a festival zone and that we do not know what expect. Commissioner Myers expressed concern with page four of the ordinance that includes language that prohibits alcohol purchased within a licensed business having an entry point within the festival zone that is not in an approved container and notes that any business that allows patrons to exit its premises with alcohol not in an approved container would be in violation of the section. She inquired as to whether or not moving away from the approved container within the zone would allow anyone to leave with a mixed drink or other prohibited beverage. Sherrie Hines explained that what the person who purchased the drink chooses to do is the consequence of their own actions and agreed with Commissioner Myers that the way, the festival zone is designed, patrons could walk into any bar, purchase alcohol, and, as long as it is not glass, enter the festival zone. She explained that she would imagine nonprofits or for-profits would not want a festival zone for that reason, since there would be no way to limit or keep you from going and just buying from the restaurants and bars rather than the nonprofit vendors. Commissioner Myers inquired as to how this would work under the current draft for bars. Sherrie Hines explained that the event producers would sell the containers or stickers to the bar and restaurant owners at whatever markup they think is appropriate to compensate them, and then the bars would be able to pour into those containers. Captain Aubrey Epps recommended the Committee include a requirement that only beer and wine products be allowed. Commissioner Myers inquired as to whether or not language could be added to require festival zones be approved by staff and the Police Department. Commissioner Wright explained that she would like to see the policy include flexibility on where a festival zone can be and the number of festival zones. She agreed that when a special event is being reviewed operationally, staff can work with the applicant on what is needed to secure the area. Captain Aubrey Epps explained that there is a logistics meeting for every large event prior to the event to work out the details. Commissioner Houle inquired as to whether or not staff recommended having a cap on the Legislative Review Committee Meeting Minutes Page 4 080521  number of zones allowed in the ordinance or if this was something that they believe the logistic meeting. Captain Aubrey Epps noted he would support limiting it to no larger than three consecutive blocks for a festival zone, and this would provide him the flexibility to build a custom plan around the event. Andrew Saunders asked Captain Epps for clarification on whether or not he was recommending there be no restriction on the number of total area used for festival zones. Captain Epps explained that he thought it should be restricted to no more than four consecutive blocks. Commissioner Wright explained that she trusted staff to work out the operational side of the event planning for multiple festival zones. Niki Jones explained that he believes there is consensus on the size of the festival zones but requested clarity on whether or not the Committee wanted to restrict it to three or four consecutive blocks and how many they would want to allow. Commissioner Wright explained that she would prefer to lean on the operational side of the event review to work with the applicant. Captain Aubrey Epps recommended limiting it to four consecutive blocks. The Committee agreed. Niki Jones summarized the points of consensus and noted that the discussion to that point had been to have up to four consecutive blocks for a festival zone, but only allow one of those. Commissioner Wright explained that she did not think the number of festival zones should be limited. The applicant would make the request, and it would be her understanding that staff would provide the logistical operation details to match that request, including when it is and is not possible to be accommodated. Commissioner Myers agreed, but she explained that she believed the wording needs to be included that denotes that it is as approved by ACCGov. Niki Jones explained that he believes it is important for the local government to set expectations so that both parties understand what is expected. Commissioner Houle inquired as to whether or not staff had enough information to modify the language in the ordinance, given the requirements of an approved container. The Committee revisited discussion on having an approved container. Commissioner Wright inquired as to whether the Committee was leaning towards having an approved container. Commissioner Myers noted that she supported having a designated container. Commissioner Wright explained that she believed the approval of the container could happen in the operational review by staff. Commissioner Houle inquired as to whether or not the Committee was permitting a koozie in addition to the cup. Commissioner Wright explained that she believed the koozie needed to be included if the Committee was designating an approved container to provide greater flexibility for event sponsors that would be selling canned beer. Commissioner Houle suggested moving forward with an approved cup only, rather than including a koozie, given that the koozies would likely end up as more garbage and the cup is already built in the language of the policy. They noted that the Committee could reconsider koozies or stickers down the road after the pilot was completed. Commissioner Wright suggested moving back to having the language state approved container or marker to provide greater flexibility. Commissioner Myers agreed. Niki Jones summarized the changes requested by the Committee, which included: • Allowing an approved container or marker on the container within a festival zone; • Permitting non-glass drinking vessels up to 24 ounces within a festival zone; • Removing the designation of blocks where festival zones are available and the limit to the number of festival zones and special outdoor café areas allowed; • Determining special conditions of permit, if needed, during the administrative review as it pertains to the number and locations of festival zones and special outdoor café areas for each special event; • Limiting festival zones to no larger than four consecutive blocks; and • Extending the pilot through January 31, 2022. Legislative Review Committee Meeting Minutes Page 5 080521  Commissioner Houle made a motion to accept all of the changes as described by Niki Jones and send the ordinance to the full Mayor and Commission for consideration at the first available Special Called Session. Commissioner Myers seconded. The motion passed unanimously. D. Determine ideal composition and mission for a local civil rights/human rights commission, situated to provide support to the Inclusion Office. (Mayor Girtz assigned to LRC on August 3, 2021) Niki Jones introduced the timeline for the human relations commission topic and noted that Mayor Girtz requested the Committee complete this task within 60 days. He explained that, given this timeframe, this means the Committee will have to meet off schedule. He also outlined staff’s recommendation on a potential approach to the meetings to put together the framework for the human relations commission. Commissioner Wright requested staff email the Committee with the outline of the additional meetings. Commissioner Houle noted that they were hesitant to commit to changing up the schedule with two of the members absent. Commissioner Wright noted that staff could provide a doodle poll to help with scheduling, if needed. E. Schedule/Agenda Changes The next LRC meeting is scheduled for August 26, 2021 at 1:00 p.m. and will be held remotely via WebEx. Commissioner Houle made a motion to adjourn. Commissioner Myers seconded the motion. The motion passed by unanimous vote. The meeting adjourned at 3:11 p.m. Legislative Review Committee Meeting Minutes Page 6 080521