Ordinance and Rules Committee

CITY OF CHARLESTON WEST VIRGINIA Council Member – Ward 20 Chad Robinson Ordinance and Rules Committee, Chair 793 Lower Donnally Rd. Parks and Recreation Committee Charleston, WV 25304 Finance Committee 304- 389-7373 Parking Facilities Committee chad.robinson@cityofcharleston. org A meeting of the Council Committee on Ordinance & Rules will be held on Monday, December 18, 2023 at 5:00 PM. To be held in person AV ROOM #308, CITY HALL Agenda APPROVAL OF PREVIOUS MINUTES 1. 10-2-2023 RESOLUTIONS 1. Resolution No. 911-23 - Declaring that the City of Charleston, City Administration, its City Council, its various Boards and Commissions, and the citizens and businesses of the City of Charleston will strive to utilize native plant species, minimize pesticide usage, operate bird-safe buildings, and seek opportunities to protect the habitats of species of the greatest conservation need as designated by the West Virginia Division of Natural Resources. BILLS 1. Bill No. 7991 Committee Substitute - A BILL to amend sections of the Municipal Code relating to city agencies and boards adopting wellbeing and conservation goals for the city. ADJOURN CR/ns *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com Page | 1 of Page | 2 of  MINUTES ORDINANCE AND RULES COMMITTEE MEETING 5:00 P. M., OCTOBER 2, 2023 THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL. Chad Robinson, Chairperson, called the meeting of the Charleston City Council Committee on Ordinance and Rules to order at 5:00 p.m., October 2, 2023. Committee Members Present: Chad Robinson, Chair Patrick Salango, Vice Chair Frank Annie Becky Ceperley Joseph Jenkins Sam Minardi Emmett Pepper (arrived at 5:18, after vote to approve minutes) Absent: Councilmembers also Present: Jennifer Pharr Caitlin Cook Chelsea Steelhammer Mary Beth Hoover Jeanine Faegre Joe Solomon Beth Kerns Bruce King Pat Jones 1. Approval of Previous Minutes – Councilmember Minardi motioned to approve the previous minutes from 9-21-2023. Councilmember Ceperley seconded the motion. From the audience, Councilmember Kerns requested that her statement concerning the recyclability of the plastic cups be corrected. With those being present having voted unanimously in the affirmative, the Chair declared the minutes as approved as amended. Page | 3 of  2. Bill No. 8013 Committee Substitute as Amended - A BILL to amend the Municipal Code by adding a new Article to authorize Private Outdoor Designated Areas – City Attorney, Kevin Baker, added that the bill and committee substitute removes Section 6-91, because the ABCA thought it was confusing to include as PODAs are not public spaces. There is a new reference in 6-152 concerning the open container law. The applicant must have a valid Class A Private Club license. Section 6-157 gives some general policy authority given to the City Manager’s Office related to the language of the signs, container approval, the identification of participating and non-participating businesses, etc. Councilmember Pepper requested that Section 6-158 notice be given to City Council and the relevant interested parties when a PODA is suspended. There is a new penalty section that has a penalty for an individual who violates a provision of the PODA, and penalties for owners/operators/employees who violate it. The boundaries for the various PODAs have been slightly adjusted. The hours of operation have been changed to seven days a week (Monday through Friday 4pm-10pm and Saturday/Sunday 10am-10pm). The committee substitute also has a few technical corrections: the Bridge Road PODA was increased to include a business. Baker added that businesses don’t have to operate within the full allowed hours of operation. A fourth, Capitol Market, PODA has been added. Councilmember Ceperley asked if the bill would allow for the drinking and serving of alcohol during ArtWalk. Baker replied that it would, but the vendor would have to be licensed. Councilmember Ceperley asked about the containers. Baker added that the requirements in the bill state that the cup (not greater than 16oz) be approved by the City Manager and the ABCA, therefore, the City Manger would have the discretion to look into recyclable options for the cups as long as it is not glass. Councilmember Annie asked for clarification about how the businesses would get the cups. Baker replied that he believed the goal is to have a cup that is consistent for some or all PODAs. The City will likely purchase the first round of cups to get started, then the business owners would be responsible for replenish their stock of cups after that. Councilmember Annie confirmed with Baker that it would not be a violation if a business owner hired private security. Councilmember Jenkins clarified the sidewalk boundaries of the City Center PODA. From the audience, Councilmember Kerns that there was an email from a business owner that wanted to be included in the PODA. She also found out from research that a lot of PODAs are making more substantial cups (commemorative/reusable) to reduce their carbon footprint. Councilmember Minardi asked once a designated cup is established, could there be multiple options for it (disposable and reusable options, for example). Baker replied that there was nothing that would prohibit more than one design or style. Councilmember Robinson added that there had been discussions about having different cups for different types of alcohol. Page | 4 of Councilmember Solomon confirmed with Councilmember Robinson that a business that does not sell alcohol can identify that they do not allow PODA drinks in their establishment. Councilmember Ceperley moved to approve Bill No. 8013 Committee Substitute as Amended, giving the City Attorney the discretion to make any necessary technical corrections. With those being present having voted unanimously in the affirmative, the Chair declared Bill No. 8013 Committee Substitute as Amended as approved. 3. Resolution No. 885-23 - Amending the Rules of Council by adding thereto a new rule relating to privileges to the floor of council chambers during the meetings of city council – Baker added that the Committee Substitute version will add two new rules to the Rule of Council. It would limit the City Council Chambers floor to Councilmembers, staff present for an official purpose and any member of the public invited by the Presiding Officer for ten minutes before and after a Council meeting and while the meeting is in session. The first row on the left side when facing the Presiding Officer is reserved for credentialed members of the media. The resolution also sets forth various rules about decorum for the media and requires members of the media to apply for media privileges. Councilmember Annie asked what would happen if he wanted to bring a credentialed member of the media onto the floor. Baker replied that only the Presiding Officer could do that. Councilmember Jenkins stated that the last line of the next to last paragraph “It is a breach of decorum to move about the Chamber while Council is in session” is not specifically limited to credentialed members, although that seems to be the intent. Baker agreed. Councilmember Jenkins added that there is similar contradictory language in the third bullet point on the last paragraph. He pointed out that this language could prohibit Councilmembers from moving to speak with each other during meetings. Baker added that the language could be easily clarified. Councilmember Ceperley added that they should not be lobbying each other during discussion. Councilmember Minardi added that it does happen at times. Councilmember Jenkins asked if there was an appeal process for someone who was denied a press credential. Baker replied that a rule could be suspended by a 2/3 vote, but there is no appeals procedure stated in the resolution. Councilmember Pepper confirmed that the “lobbying” language would pertain to someone who was doing PR work on the side, not their full-time job. He asked if this was similar language to what the State had, and Councilmember Robinson replied that it was very similar language to that used by the House of Delegates. From the audience, Councilmember Steelhammer asked what if a news organization Page | 5 of was new/small and did not have paid/full-time staff. Baker replied that the resolution would require them to be full-time, paid correspondents. They could also apply for sponsorship from another publication that would qualify. He felt like a start-up would meet the qualifications as listed in the resolution. They would also be required to be credentialed by the Senate/House of Delegates. Councilmember Minardi asked if that approval was intended. Councilmember Robison replied that if they are credentialed there, then there would be no reason they couldn’t be for City Council as well. Councilmember Jenkins asked would someone automatically lose their credentials with the City if they lost their credentials with the State. Councilmember Robison replied that the “applicant’s publication must have members of their staff currently credentialed by the House of Delegates.” Councilmember Robinson added that would be up to interpretation of the Presiding Officer or their representative. From the audience, Councilmember Kerns clarified with Councilmember Robinson that credentialed media would be allowed to sit in the front “left” side of the public seating. As the resolution reads, there will be no “media table” on the floor. From the audience, Councilmember Jones confirmed that the signup sheet for Public Speakers would be moved from the Council floor to an area yet to be determined but accessible to the public. From the audience, Councilmember Solomon asked who would reinforce these rules. Baker replied that the enforcement of the Rules falls to the Presiding Officer with support from the City Clerk and Seargent at Arms. Councilmember Jenkins added that a Councilmember could likely also claim a Point of Privilege. Mayor Goodwin added that they have talked with members of the media. They have made adjustments, such as a mult box, to make their time more efficient. They have also adjusted Council desks to make them more visually accessible to the media and public. Councilmember Ceperley moved to approve Resolution No. 885-23 Committee Substitute. Councilmember Salango seconded the motion. Councilmember Jenkins motion to amend the resolution by deleting Rule 25 and everything relating to credentialing media. Councilmember Annie seconded the motion. Councilmember Jenkins added that the credentialing goes too far. Rule 24 solves the need to move the media to the gallery and creates a section for them. Councilmember Minardi added that he didn’t have a problem with Rule 25, but he did think there were a lot of unanswered questions about it. Councilmember Pepper agreed with Councilmember Minardi, adding the credentialing could be revisited later. Councilmember Ceperley added that she thought it was important to do some form of Page | 6 of credentialing, adding that it addresses accountability. Councilmember Minardi asked if it would strengthen the resolution to adopt the amendment and then define credentialed media. Councilmember Jenkins added that he did not think they should be the arbiters of what “media” is as that is rapidly changing. This could cause more work and problems than what the resolution sets out to solve. With those being present having voted in the majority in the affirmative, with one recognized Nay from Ceperley, the Chair declared the amendment to Resolution No. 885-23 Committee Substitute as approved. With those being present having voted unanimously in the affirmative, the Chair declared the amendment to Resolution No. 885-23 Committee Substitute as Amended as approved. Councilmember Minardi motioned to adjourn the meeting. Meeting adjourned. Page | 7 of  Resolution No. 911-23 Introduced in Council: Adopted by Council: December 18, 2023 Introduced by: Referred to: Emmett Pepper Ordinance & Rules 1 Resolution No. 911-23 - Declaring that the City of Charleston, City Administration, its City 2 Council, its various Boards and Commissions, and the citizens and businesses of the City of 3 Charleston will strive to utilize native plant species, minimize pesticide usage, operate bird-safe 4 buildings, and seek opportunities to protect the habitats of species of the greatest conservation 5 need as designated by the West Virginia Division of Natural Resources. 6 7 WHEREAS, access to parkland, open space, nature, and recreational facilities creates a sense of 8 community through gathering spaces; and benefits the health, happiness, and lives of 9 Charleston’s residents; and 10 11 WHEREAS, according to the Trust for Public Land, about half of the residents of the City of 12 Charleston are within a ten-minute walk or half mile of a park, while the national average is 13 55%; and 14 15 WHEREAS, according to the Living Planet Index by the World Wildlife Fund (WWF) and Zoological 16 Society of London (ZSL), animal species populations have dropped 20% since the first Earth Day 17 in 1970; and 18 19 WHEREAS, for example, the International Union for Conservation of Nature (IUCN) recently listed 20 the migratory monarch butterfly as an endangered species, further justifying the need for city’s 21 monarch waystation in Spring Hill Cemetery Park and other future waystations; and 22 23 WHEREAS, the City’s own operations and the operations of the citizens and businesses of the City 24 can affect wildlife through actions such as utilizing native plant species in landscaping, reducing 25 pesticide and insecticide usage, and operating buildings in a bird-safe manner; and 26 27 WHEREAS, according to the United Nations Convention on Biodiversity, in order to protect 28 biodiversity and ecosystem functioning services, 30% of lands in the world need to be 29 protected; and 30 31 WHEREAS, the City of Charleston currently has approximately 550 of its 20,890 acres available as 32 public parkland, equal to approximately 3%; and 33 Page | 8 of  1 WHEREAS, the 50th Anniversary of the U.S. Endangered Species Act, the nation’s most prominent 2 and historic biodiversity legislation, occurs later this month, on December 28, 2023; and 3 4 WHEREAS, increasingly, scientists believe that people’s mental and physical health benefit from 5 access to natural ecosystems – for example, a 2019 study in the journal Nature found that 120 6 minutes each week in nature was associated with good health and wellbeing; and 7 8 WHEREAS, the City will seek to reach the goals set forth in this resolution, but nothing in this 9 resolution shall bind the City or require any action from the City. 10 11 Now, therefore, be it Resolved by the Council of the City of Charleston, West Virginia: 12 That the City of Charleston seeks to increase access for its residents to public parks for 13 recreation, access to nature, and the ecosystem services that nature provides; and 14 15 Be it further resolved: 16 That the City of Charleston sets as a goal that 5% of the land in the City be reserved for public 17 parks, with at least 3% of land in the City be preserved as natural landscapes; and 18 19 Be it further resolved: 20 That the City of Charleston sets a goal that 75% of all residents have a park or recreation space 21 within a ten-minute walk or half mile of their homes; and 22 23 Be it further resolved: 24 That the City of Charleston strives to utilize native plant species when landscaping and planting, 25 minimize pesticide usage, and operate bird-safe buildings in the future as funds are dedicated 26 for such purposes, and encourages its citizens and businesses to strive for the same goals; and 27 28 Be it further resolved: 29 That the City of Charleston seeks opportunities to locate additional monarch butterfly 30 waystations and to otherwise protect the habitats of species of the greatest conservation need 31 (SGCN), as designated by the West Virginia Division of Natural Resources (WVDNR) that have 32 been found to live in the City; and 33 34 Be it further resolved: 35 That the City of Charleston encourages its citizens and businesses to join in these efforts to 36 protect animal species populations in celebration of the 50th Anniversary of the U.S. 37 Endangered Species Act; and 38 39 Be it further resolved: 40 That no additional City parks shall be created without consideration of maintenance costs, 41 staffing, and the budget of the City’s Parks and Recreation Department. Page | 9 of  Bill No. 7991 Ordinance & Rules Committee Substitute Introduced in Council: Adopted by Council: April 17, 2023 Introduced by: Referred to: Emmett Pepper, Frank Annie , ____ Parks and Recreation and Becky Ceperley, Mary Beth Hoover, Ordinance and Rules Larry Moore, and Joe Solomon 1 Bill No. 7991 Ordinance & Rules Committee Substitute - A BILL to amend and 2 reenact sections 2-533, 50-172, 65-13, and 82-44, of the Municipal Code of the City of 3 Charleston, as amended, all relating to city agencies and boards adopting wellbeing and 4 conservation goals for the city. 5 6 WHEREAS, access to parkland, open space, nature, and recreational facilities creates a 7 sense of community through gathering spaces; and benefits the health, happiness, and 8 lives of Charleston’s residents; and 9 10 WHEREAS, according to the Trust for Public Land, about half of the residents of the City 11 of Charleston are within a ten-minute walk (half mile) of a park, while the national 12 average is 55%; and 13 14 WHEREAS, according to the Living Planet Index by the World Wildlife Fund (WWF) and 15 Zoological Society of London (ZSL), animal species populations have dropped 20% 16 since the first Earth Day in 1970; and 17 18 WHEREAS, for example, the International Union for Conservation of Nature (IUCN) 19 recently listed the migratory monarch butterfly as an endangered species, further 20 justifying the need for city’s monarch waystation in Spring Hill Cemetery Park and other 21 future waystations; and 22 23 WHEREAS, the City’s own operations can affect wildlife through actions such as utilizing 24 native plant species in landscaping, reducing pesticide and insecticide usage, and 25 operating buildings in a bird-safe manner; and 26 27 WHEREAS, according to the United Nations Convention on Biodiversity, in order to 28 protect biodiversity and ecosystem functioning services, 30% of lands in the world need 29 to be protected; and 30 31 WHEREAS, the City of Charleston currently has approximately 550 of its 20,890 acres 32 available as public parkland, equal to approximately 3%; and 33 34 WHEREAS, the 50th Anniversary of the U.S. Endangered Species Act, the nation’s most Page | 10 of 35 prominent and historic biodiversity legislation, occurs later this year, on December 28, 36 2023; and 37 38 WHEREAS, increasingly, scientists believe that people’s mental and physical health 39 benefit from access to natural ecosystems – for example, a 2019 study in the journal 40 Nature found that 120 minutes each week in nature was associated with good health 41 and wellbeing; and 42 43 WHEREAS, having clear direction to all applicable agencies, the City of Charleston will 44 benefit its residents by having goals for ensuring access to public spaces, including 45 natural spaces; and 46 47 WHEREAS, on this Earth Day 2023, the City of Charleston commits to increasing access 48 for its residents to public parks for recreation, access to nature, and the ecosystem 49 services that nature provides through the declarations in this bill, the changes to City 50 code made by this bill, and future actions of the City Council; and 51 52 WHEREAS, the City of Charleston hereby sets as a goal that 5% of the land in the City be 53 reserved for public parks, with at least 3% of land in the City be preserved as natural 54 landscapes; and 55 56 WHEREAS, the City of Charleston hereby sets a goal that 75% of all residents have a 57 public park within a ten-minute (half mile) walk of their homes; and 58 59 WHEREAS, the City of Charleston commits to utilizing native plant species when 60 landscaping and planting, minimize pesticide usage, and operate bird-safe buildings, to 61 the extent pecuniarily practicable; and 62 63 WHEREAS, the City of Charleston seeks opportunities to locate additional monarch 64 butterfly waystations and to otherwise protect the habitats of species of the greatest 65 conservation need (SGCN), as designated by the West Virginia Division of Natural 66 Resources (WVDNR) ), and species on the International Union for Conservation of 67 Nature (IUCN) Red List, that have been found to live in the City; and 68 69 WHEREAS, in furtherance of these goals and objectives, the City Council hereby adopts 70 this ordinance. 71 72 Now, therefore, be it ordained by the Council of the City of Charleston: 73 74 That Sections 2-533, 50-172, 65-13, 82-44, and 90-33 of the Municipal Code of the City 75 of Charleston, as amended, are hereby amended and reenacted, all to read as follows: 76 77 CHAPTER 2 - ADMINISTRATION 78 ARTICLE VII. - BOARDS, COMMITTEES AND COMMISSIONS 79 DIVISION 2. - BEAUTIFICATION COMMISSION 80 Sec. 2-533. Duties. Page | 11 of  81 (a) It shall be the duty of the beautification commission to advise and 82 recommend to the mayor or the city council such programs or projects as would, in the 83 opinion of the commission, improve the beauty and general welfare of the city, and 84 conform in a manner consistent with the development and conservation goals contained 85 in the city's comprehensive plan. 86 (b) The mayor or the council may request the advice or cooperation of the 87 commission for any project or program connected with the beautification, cleanliness or 88 general welfare of the city. 89 (c) The commission shall submit an annual report to the mayor, generally 90 outlining its program and progress during the previous year. 91 (d) It shall be the duty of the commission to recommend maintenance and 92 rules of Davis Park, Shanklin Park, Elk River Park and Ruffner. 93 (e) The commission shall approve recommendations for expenditures from 94 the municipal beautification project fund. 95 (f) The commission shall, upon recommendation of the department head, 96 approve the citywide consulting horticulturalist and make this recommendation to the 97 finance committee and the city council. 98 (g) The commission shall serve as the tree board for the city. 99 100 101 CHAPTER 50 - ENVIRONMENT 102 ARTICLE V. - TREES 103 Sec. 50-172. Purpose. 104 105 It is the purpose of this article to promote and protect the public health and general 106 welfare in furtherance of the development and conservation goals contained in the city’s 107 comprehensive plan, by providing for the regulations of the planting, maintenance, 108 preservation and removal of trees within the city. 109 110 111 CHAPTER 65 - LAND REUSE AGENCY 112 ARTICLE II. - POWERS AND DUTIES. 113 114 Sec. 65-12. - Redevelopment division. 115 The CLRA redevelopment division shall focus on properties in residential and 116 commercial areas of the city that the CLRA owns or could own with the goal of 117 rehabilitating the neighborhood and general area, in support of policies adopted by the 118 City of Charleston, including the development and conservation goals contained in the 119 comprehensive plan. The redevelopment division may recommend to the board that the 120 CLRA acquire property, convey or lease property owned by the CLRA, create land 121 lease agreements for property owned by the CLRA, work with developers to create new 122 redevelopment on CLRA owned property, or make any other recommendation regarding 123 the acquisition, disposal, or development of property. The CLRA redevelopment division 124 shall work with the Charleston Urban Renewal Authority (CURA) to assist in the 125 planning and development of relevant property owned by CURA. 126 Page | 12 of 127 Sec. 65-13. Conservation division. 128 The CLRA conservation division shall focus on properties across the city that the CLRA 129 owns or could own with the goal of rehabilitating the area through land conservation, 130 rather than development, in support of policies adopted by the City of Charleston, 131 including the development and conservation goals contained in the comprehensive 132 plan. The conservation division may recommend to the board that the CLRA acquire 133 property, maintain, improve and preserve public trust lands, proposals to foster the 134 donation of public trust lands to the city, to encourage the monetary support for public 135 trust lands and to maintain in trust lands and moneys which are owned by or contributed 136 to the city for the purposes of this division. 137 138 "Public trust lands" for purposes of this chapter shall mean and include: lands, 139 easements, leases or any other interest in real property, whether possessory or 140 nonpossessory, having scenic, recreation, historic, woodland, forestry, conservation, 141 preservation or cultural value which are owned or acquired by the city. Public trust lands 142 may include conservation and preservation easements as provided in W. Va. Code, Ch. 143 20, Art. 12. 144 145 146 CHAPTER 82 - PARKS AND RECREATION 147 ARTICLE II. - PARKS AND RECREATION DEPARTMENT 148 Sec. 82-44. Construction and acquisition of recreational property. 149 The city council may establish, construct, acquire and set aside for recreational parks, 150 playgrounds and other recreational facilities any real or personal property acquired by 151 the city, in furtherance of existing public policies, including the city’s comprehensive 152 plan and the State of West Virginia’s Statewide Comprehensive Outdoor Recreation 153 Plan (SCORP). Such property shall be under the control of the director when turned 154 over to the director by the council. 155 Page | 13 of