Mayor & Commission Meetings

LEGISLATIVE REVIEW COMMITTEE Thursday, December 2, 2021 Committee Members Present: Committee Members Absent: Commissioner Allison Wright, Chair Commissioner Jesse Houle Commissioner Carol Myers Commissioner Mariah Parker *Left meeting at 1:53 p.m. Commissioner Ovita Thornton * Left meeting at 1:44 p.m. Staff: Niki Jones, Assistant Manager Selah Gardiner, Inclusion Office Sherrie Hines, Chief Assistant Attorney Kent Kilpatrick, Leisure Services Lisa Pappas, Assistant Attorney Jeanne Connell, Central Services Deputy Chief Harrison Daniel, Police Department Suki Janssen, Solid Waste Doug Hansford, Building Permits & Inspection Sarah George, Recorder Andrew Saunders, Central Services Gavin Hassemer, Central Services Commissioner Wright called the meeting to order at 1:02 p.m. A. Approval of Agenda: Commissioner Thornton made a motion to amend the agenda to include discussion of an extension to the special events ordinance pilot program. Commissioner Myers seconded. The motion passed unanimously. Commissioner Myers made a motion to amend the agenda to include an update on the timeline for the Human Relations Commission (HRC). Commissioner Thornton seconded. The motion passed unanimously. Commissioner Myers made a motion to approve the agenda with the amendments. Commissioner Thornton seconded. The motion passed unanimously. B. Approval of Minutes: Commissioner Houle made a motion to approve the October 7, 2021 minutes. Commissioner Thornton seconded. The motion passed unanimously. Commission Identified Items of Interest: C. Special Event Ordinance Pilot Program Extension Niki Jones provided an overview of the history of the special events ordinance pilot program and the recommendations that were embedded in the ordinance and pilot program approved by the full Mayor and Commission, including festival zones. He explained that the pilot program is set to expire on January 31, 2022; only two events have been able to use the festival zones, largely due to COVID-19. Staff recommends to extend the pilot program through January 31, 2023, which would allow time for more events to participate and provide additional feedback. Niki Jones also shared that he expects that staff will come back to the Committee in the next month  or so to share some feedback and recommendations to refine the pilot program. Commissioner Wright explained that some action would need to be taken by the Committee in order to pass along a recommendation for consideration by the full Mayor and Commission and ensure there are no gaps in the pilot program. Commissioner Myers requested clarification regarding staff’s interest in bringing back modifications to the pilot program. Niki Jones shared that, with the two events that have participated in the pilot program, staff noted a few things that could be improved, like signage and education of the vendors. He explained that staff needs a little more time to discuss and refine their recommendations. Commissioner Thornton requested clarification on whether or not the pilot program could be modified at any time prior to the end of the pilot program. Niki Jones confirmed that it could. Commissioner Houle made a motion to recommend to the full Mayor and Commission to extend the pilot program until January 31, 2023 and revisit the discussion in Committee to refine the pilot program as needed. Commissioner Thornton seconded. The motion passed unanimously. D. Human Relations Commission- Update on Timeline Niki Jones explained that, at the November 2, 2021 Mayor and Commission meeting, a mid-year budget amendment was approved, which authorized a position in the Inclusion Office that would work with the HRC. He shared that the job description had been drafted and classified by the Human Resources Department, and the next step would be to go ahead and post the position. He noted that he expects the position to be posted within the couple of weeks following the LRC meeting and hopes to have interviews within 30 days from when it is posted. Niki Jones explained that this is on track to have someone on board for the March 2022 timeframe originally anticipated. Commissioner Wright requested clarification on whether or not the Inclusion Officer position would need to be hired first, given the impending vacancy in that position. Niki Jones explained that Selah Gardiner has been named Inclusion Officer, but he cannot predict how quickly they would be able to move forward with filling the position. He noted that he is aware that have been some questions regarding process and that staff needs to have more discussion about this, specifically with the interview and onboarding processes. He shared that staff would begin putting more information on that together, and he would be happy to provide the Committee with an update via email or at a future meeting. Commissioner Thornton requested staff provide a copy of the job description for the position or receive notification when it would be posted. Niki Jones agreed staff would do both. Commissioner Myers requested clarification on whether or not staff was set for the timeline for appointing HRC members in January. The Committee had discussed having an extensive, new approach to recruitment for the HRC to ensure they have a really broad, inclusive applicant pool. Commissioner Myers requested clarification on which position would be responsible for developing that process and for getting information out into the community. Niki Jones shared that, first and foremost, Krystle Cobran would continue to help shape this process while she is still with ACCGov, and Selah Gardiner will help continue to craft that process as Interim Inclusion Officer. He advised that he does not believe it is necessary to pause the recruitment for the HRC until the Inclusion Officer position is filled. Commissioner Myers requested staff provide a written update on the process with some specifics that communicates how we are going to approach recruiting a broader applicant pool. Legislative Review Committee Meeting Minutes Page 2 120221  Commissioner Wright agreed with Commissioner Myers and explained that the Committee spent a great deal of time discussing the marketing and outreach, and she felt it was pivotal to have the staff that was included in the budget for these efforts. She expressed concern that there is more work to be done that cannot be done before January. Sherrie Hines explained that one of the questions is how does the interview process will take place or change. She shared that the Attorney’s Office has advised Clerk Spratlin that the application itself remain the same and any other factors that may be of interest be handled through the interview process. Commissioner Houle explained that they would like to see the HRC be appointed as soon as they can, but, from their perspective, it is perfectly appropriate for the timeline to be extended based on the new analysis of staff capacity in the Inclusion Office. Selah Gardiner agreed with Commissioner Houle and Commissioner Myers. She explained that the process was envisioned to have a very strong outreach and marketing campaign ahead of the application process, and they had discussed utilizing community pipelines to get information about the HRC to community partners in addition to other channels, like radio ads, to ensure they are reaching a diverse population. She shared that she believes all of that is still in alignment. She recalled that the purpose of the marketing and outreach position was recommended, so there was a staff member in place that could help to facilitate the strong marketing campaign. From the Inclusion Office’s standpoint, staff believes it is critical to have the marketing and outreach position filled to ensure the marketing and outreach campaign is off the ground prior to applications being open for the HRC. She shared that she was uncertain if the application period for the HRC being opened in January would be best based upon the model and approach discussed by the Committee. Commissioner Myers explained that she believes it is really important for the HRC to be rolled out, and it would be better to not rush it if there is concern about being able to get things done like they should be; staff can communicate very clearly the steps of the rollout and be transparent and clear with the community about the need to wait a couple of months. Commissioner Houle noted that it cannot hurt to open the application process in January, and leave it up for however long is needed; the extended application period may help get an even larger pool of applicants. Niki Jones summarized that staff would send out the job description for the marketing and outreach position to the full Mayor and Commission, notify the Committee when the position is posted, work internally to create a process and show how the qualities will be incorporated as it relates to marketing and outreach, and share an update with this information with the Committee when it is complete. E. Review of regulation of use of gas-powered leaf blowers, including as pertains to our noise ordinance. (Mayor Girtz assigned to LRC on November 4, 2020) Niki Jones introduced the topic and explained the Mayor’s charge. Doug Hansford reviewed the existing noise ordinance and shared that it covers the use of motorized landscape maintenance devices. He shared a few key points for consideration regarding the noise ordinance. He noted that this particular noise ordinance does not discuss noise levels; rather, it just states that you cannot use landscape maintenance devices within any residential zoning district or in areas within 300 feet of any residential zoning district between the hours of 8:00 p.m. and 8:00 a.m. In agricultural-residential zones, landscape maintenance equipment cannot be used within 300 feet of any residential dwelling on adjacent property between 9:00 p.m. and 7:00 a.m. He noted that noise made by manufacturing, governmental, or commercial entities in the normal course of their business were excluded from this noise ordinance. Doug Hansford shared that they have only received one official complaint in the last few years on this particular ordinance, and it was in the Five Points area. He inquired as to whether or not the exclusion for noise caused by commercial Legislative Review Committee Meeting Minutes Page 3 120221  entities in the normal course of their business would extend to a landscape company using equipment in a neighborhood. Commissioner Parker noted that it seems like a number of municipalities around the country have banned the use of gas powered leaf blowers not just for noise concerns but also for emissions and air quality and their relationship to health. They also noted that there was a list of resources on alternatives provided in the research shared by Commissioner Myers. Doug Hansford reviewed the existing ordinance pertaining to construction noise and nuisance conditions on property. He clarified that construction could happen at any time during the day or night, but construction noise cannot be plainly audible more than 100 feet beyond the property line where construction is happening between the hours of 11:00 p.m. and 6:00 a.m. He also explained that there is a provision that allows him to grant a variance to construction sites at times and clarified what he has granted that variance for in the past. Commissioner Wright inquired as to whether or not there is a sign that is placed at the construction site when a variance is granted. Doug Hansford clarified that a sign is not required, but they do require that they notify all the property owners or tenants adjacent to the construction site that it is going to happen. Commissioner Houle expressed interest in reaching out to Commissioner Edwards for his input. They requested more information on the public health risks associated with leaf blowers, especially for people who have to use the equipment, as well as any information about environmental impact. Commissioner Wright inquired as to whether or not it would be helpful for staff to share the personal safety considerations that are done for staff that is using gas-powered leaf blowers. Commissioner Parker agreed it would be helpful. Commissioner Parker also noted that it would be helpful for the Committee to review the materials that Commissioner Myers shared. They also inquired as to whether or not it would be helpful to also look at this through the lens of legal justification for a change to the ordinance, since they are restricting how people can use their private property. Commissioner Wright also expressed interest in learning from staff at the next meeting about where individuals can send in a complaint when they witness people blowing debris into the street and clogging drains. She also noted that the water bill could be used to communicate with residents what is in place around this issue. Commissioner Myers expressed interest in learning about what types of ordinances there are in other municipalities categorized by whether they were implemented in regards to noise, health, or air quality, as well as how it works legally with what can be done here in Georgia. She shared that she would like to know more about any effects on the business community or any transitions that are allowed for them to adjust to changes should the Mayor and Commission pursue anything to restrict gas- powered leaf blowers. Commissioner Wright expressed concern with the extensive research requested, and she explained that she would want a vote from the Committee to agree prior to having so much time of staff go into presenting the whole matrix of information requested. Commissioner Wright suggested the Committee continue to think about the topic and the information shared, so they can have more pointed questions about the direction the Committee desires regarding this topic. She also expressed interest in learning about whether or not there is anything we can do in downtown for it to be cleaned before the businesses open. Commissioner Houle shared that, from a noise perspective, they believe that it is important that we figure out how and why we distinguish leaf blowers from other tools, like mowers, hedge trimmers, etc. They shared that the environmental concerns are similar for other landscaping tools as well, so being able to articulate why the focus is on regulating leaf blowers specifically would be important. Commissioner Houle also suggested polling the Mayor and Commission to determine interest in regulating gas- powered leaf blowers. Legislative Review Committee Meeting Minutes Page 4 120221  Niki Jones shared that, if we were going to legislate something, it would be very hard for staff to enforce on a private citizen. If the direction is to review our internal policy, staff could return with pros and cons of gas-powered leaf blowers versus electric leaf blowers and what is currently being done with electric leaf blowers. He noted there are possibly some things that could be done while taking an incremental approach. One example shared was the review of the timeframe leaf blowers are permitted to be used in the downtown area, because it is not zoned residential. Commissioner Wright expressed interest in learning from the Attorney’s Office about any legal considerations regarding regulation. Sherrie Hines explained that what Niki Jones shared regarding the difficulties of enforcement with private individuals is absolutely true. She noted that, when we think about any kind of ordinance that restricts someone’s ability to use or do a certain thing, litigation would be expected because of the large impact it would have on people’s businesses. She also advised there would be a lot of risk, and, as far as she is aware, there are no other municipalities in Georgia that have passed legislation like this. Sherrie Hines shared that she could have something more detailed at the next meeting. Commissioner Wright expressed interest in continuing to discuss health improvements as it pertains to ACCGov employees and the improvements to help make the environment healthier. She also noted that she understands there would likely be budget impacts in relation to the phasing out of equipment and transitioning to a different type, as well as the feasibility of this expense would be helpful. Niki Jones explained that staff would provide information on what staff is doing today regarding gas-powered leaf blowers versus electric leaf blowers. He also noted that staff could put together a short comparative analysis of three to four cities, what they implemented, and how that could relate to us. Commissioner Wright expressed interest in understanding what is reasonable to modify in the ordinance regarding downtown. She also noted that she was less inclined to get the comparative analysis regarding other municipalities out of state, given this would be the first in Georgia. F. Schedule/Agenda Changes The next LRC meeting is scheduled for January 6, 2022 at 1:00 p.m. and will be held remotely via WebEx. The January 6, 2022 meeting was subsequently cancelled and rescheduled to January 20, 2022 at 1:00 p.m. Commissioner Houle made a motion to adjourn. Commissioner Myers seconded the motion. The motion passed by unanimous vote. The meeting adjourned at 2:10 p.m. Legislative Review Committee Meeting Minutes Page 5 120221