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HomeMy WebLinkAbout2018-03-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, MARCH 14, 2018 CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of Tamarac to order at 7:11 p.m. on Wednesday, March 14, 2018, in City Commission Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Harry Dressler, Vice Mayor Michelle J. Gomez (via phone) Commissioner Marlon Bolton, Commissioner Julie Fishman (via phone) and Commissioner Debra Placko were in attendance. Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren and City Clerk Patricia A. Teufel. PLEDGE OF ALLEGIANCE: Mayor Dressler led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Harry Dressler proclaiming the Month of March 2018 as "Women's History Month". (Requested by Commissioner Marlon Bolton) 2. CITY COMMISSION REPORTS: a. Commissioner Bolton: Commissioner Bolton said he attended the Lakes of Carriage Hills Annual Event and had a great time. Commissioner Bolton thanked BSO and Lt. Steve Feeley for taking the time to attend and talk about Community Policing and Crime Statistics. Commissioner Bolton said crime in District 1 is on the decline and attributes that to BSO attending the neighborhood meetings. Commissioner Bolton said the residents are appreciative of BSO. Commissioner Bolton said he is on the Broward League of Cities Youth Committee and recently he reviewed 25 applications for students to received scholarships and will be attending a meeting where they will be interviewed. Commissioner Bolton said he walked through Shaker Village which is a community of 600 homes and over 1,000 residents. He learned that they are placed with the City services but are very disappointed with how the City has dealt with their roadways. Commissioner Bolton said that on March 20th at 7:00 p.m. at the Mainlands 7 Clubhouse, he will be hosting a Town Hall Meeting on Taxes, which is in partnership with the Broward County Property Appraiser's Office, and Marty Kiar will be there as well as our Financial Service Director Mark Mason. Commissioner Bolton said he feels our taxes are too high and he will fight to get them lowered. What we do with that money is important and this is something the community needs to understand. Commissioner Bolton said members of the faith community are here tonight to talk about their concerns with one of the items on the Consent Agenda and he will be asking to pull that from the Consent Agenda for further discussion. Commissioner Bolton recognized three Pastors that were in attendance. Commissioner Bolton said that you can always call him at 954-275-3850 and you can follow him on his Facebook page. b. Vice Mayor Gomez: Vice Mayor Gomez said she would hold her comments and report until the next meeting. ' Page 1 of 7 COMMISSION MEETING March 14, 2018 c. Commissioner Fishman: Commissioner Fishman said she would hold her comments and report until the next meeting as well. d. Commissioner Placko: Commissioner Placko thanked The Tamarac Historical Society for honoring 31 women of Tamarac for "Women's History Month" on Their Facebook page. Commissioner Placko said at the last MPO meeting they talked about the local contribution rate for municipalities for FY 2019. This money is used to fund their lobbyists. At the meeting she found out that some municipalities did not contribute their share. The MPO is looking to raise the rates because of this and if everyone contributed they would not have to raise their rates. The MPO is going back to cities to get them to pay their share and this has been tabled for two months. Commissioner Placko reported that she leamed during their legislative update that the FY18-19 budget included $20 billion for infrastructure spending which includes transportation, water development, broadband upgrades and energy infrastructure improvements and Commissioner Placko noted that City staff is pursing getting funding from the MPO. Commissioner Placko said the MPO is trying to determine if cities with populations over 500,000 can have fifteen members with 8-year terms but it has been changed to 12 years. They are now trying to decide if it is retroactive. As anyone knows it takes several years to figure out what is going on at the MPO and they really need to have consistency. Commissioner Placko reported that there is a Smart City Challenge Grant Program regarding autonomous cars. Commissioner Placko said there is another Transportation Bill that calls for $60 million in Florida Rail Enterprise; however, $25 million has been allotted to the Tampa Bay area, $25 million to Miami -Dade and $5 million to Jacksonville with leaves $5 million for the rest of the State. e. Mayor Dressler: Mayor Dressler said when he served on the MPO for 8 years membership fees were never voluntary. Common sense says that if you have a voting responsibility they should be taking equal responsibility with small cities who are paying for their right to vote. The MPO Charter should be changed. Mayor Dressler said he read in the paper that three men have been convicted of murdering Tamarac BSO Deputy Brian Tephford in 2006. Mayor Dressler talked about the prosecution of the case and noted that those individuals are now facing the death penalty or life without parole. Mayor Dressler said he was pleased they were convicted after an 18-month trial which was prosecuted by Mike Satz and this is one of the happiest days in his life. Mayor Dressler requested that staff consider a re -dedication to his memorial after the sentencing. Mayor Dressler said he called Sheriff Israel and thanked him and everyone in the BSO family for the handling of this case. Mayor Dressler said he also called Mike Satz and congratulated him for his successful prosecution of the case. Mayor Dressler said that Deputy Tephford was murdered in his first term in office and the sentencing of his murders will take place in his final year in office as he will be retiring. 3. CITY ATTORNEY REPORT: City Attorney Goren said Vice Mayor Gomez and Commissioner Fishman are not physically in the room, they are physically on the phone and because we have a physical quorum present in the Chambers they have the right to vote. All documents, materials in the matters that come before the Commission have been given to all the Commission members before the meeting and they will be looking at those documents and are legally entitled to vote. Because of their absence this evening and because of the fact that there are several cities in Broward County through the Broward League of Cities that are considering potential action challenging Chapter 790 of the Florida Statutes, particularly Section 790.33, Legal Preemption, regarding fire arms management and gun management, he will defer speck commentary to the next meeting when everyone is physically in the room. City Attorney Goren said he wanted to add to the record something that is important; Page 2 of 7 COMMISSION MEETING March 14, 2018 there are several cities under the auspices of the BLC who met recently with their City Attorneys. There is a group of lawyers, the Weiss Serota Law Firm that represents a group of cities both in Broward and elsewhere in Florida, that have offered to assist cities in the context of challenging the penalty provisions of 790.33 FS. There is also a group called Every Town USA, which is a merger of two organizations, one of which is the Mayors Against Gun Violence and Every Town USA. They are challenging gun legislation, weapons management issues, etc. City Attorney Goren read a portion 790.33 FS into the record, so the Commission can leave the meeting knowing what the statute says and then will take this up at the next meeting. City Attorney Goren said this Statute was adopted and modified in 2011. There are several potential lawsuits which are already in the mix by other cities in South Florida and elsewhere in the State of Florida, including Broward County. City Attorney Goren said the penalty provisions are severe; a simple adoption of an ordinance of any kind to regulate those things that have been described to you could result in a $5,000 fine, removal from office and authorize any third -party challengers, such as the NRA and gun and rifle manufacturers, to come after the City for damages. The fees, costs and expenses cannot be paid for with public monies. City Attorney Goren said there is similar law in Kentucky, except it goes one step further — it is a crime. City Attorney Goren said they are gathering information and we will know more by the time Vice Mayor Gomez and Commissioner Fishman return to South Florida to give you certain options and opportunities. City Attorney Goren said he believes litigation will pop up by the end of this month or the beginning of next month. There are some significant discussions occurring in this community right now based upon the tragedy at Stoneman Douglas High School and lawsuits are being considered by various cities in South Florida and have become interested in taking legal action because of the preemption provisions and the restrictions and reservations and penalties that would relate to public officials, including himself and the City Manager. City Attorney Goren said he took an oath of office to follow the laws and the Constitution of the State of Florida and the Federal Government and interestingly so did the Commission and the Manager and at the end of the day he cannot recommend to you taking any action which would put you at risk and violate the law. There may be other options and he and his staff will be exploring those options and we will have a conversation at the next regular meeting. 4. CITY MANAGER REPORT: City Manager Cernech reported that during the week of March 5th the Building Department issued the first 10 CO's for the new homes in the Hidden Trail Subdivision and 126 CO's in Manor Parc have been issued to date bringing the total number of 136 new families moving into Tamarac over the last year. City Manager Cernech reported that Tamarac's latest video updates this year's highlights on how we are delivering on the promise to offer an unparalleled quality of life and can be viewed at www.tamarac.org by clicking on "Delivering on the Promise". City Manager Cernech said the Neighborhood District meetings begin with the District 2 Meeting at the Lime Bay Clubhouse on Wednesday, April 18, 2018 at 6:30, p.m. City Manager Cernech said the Housing Division is seeking residential and Commercial property nominations for the Neighborhood Beautification Recognition Awards Program. Residents and property owners are encouraged to nominate any property for consideration. Nomination forms are available at City Hall and on our website and are due by 4:00 p.m. on March 30, 2018. Upcoming Event: The free "Springfest" event will take place on March 24, 2018 from 10:00 a.m. to noon at the Tamarac Sports Complex, 9901 NW 77t" St. Page 3 of 7 COMMISSION MEETING March 14, 2018 Past Event: The "One Tamarac" Multicultural Event was held on March 10t' at the Sports Complex and although the weather did not cooperate, the festival provided an opportunity to recognize the many faces and voices within the Tamarac community. City Manager Cernech said we want to thank the Cultural and Community Organizations who participated and to we should look forward to this event next year. City Manager Cernech said Public Services has reported that the pool at Caporella Aquatic Center is now open after it was renovated with a new Diamond Brite finish, and the replacement of new pool tiles throughout the main pool and activity pool. City Manager Cernech said the next quarterly bulk garbage collection for condos will be on Wednesday, April 4, 2018 and residents who are condo residents are encouraged to coordinate with their property manager/maintenance staff to coordinate the placement of their bulk waste. City Manager Cernech said the City of Tamarac will return our typical chloramine process to disinfect our drinking water on March 20, 2018. Both the east and west systems will return to chloramination on that date. The Biannual free chlorination maintenance on our distribution will then be completed. .5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following individual spoke: Ronald B. Barish, 7555 NW 99t" Ave., talked about 4 bills that he will be introducing to Barrington Russell's Office relative to bullying and school safety and security; Ron Wasserman, 8577 Jade Drive, talked about Cystic Fibrosis awareness among other things. 6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any changes/additions to the Consent Agenda and City Manager Cernech said we need someone to remove item 6 (c), TR13075 for additional discussion. Commissioner Bolton asked to remove item 6 (c), TR13075 , from the Consent Agenda for additional discussion. Commissioner Placko seconded by Commissioner Bolton moved approval of the Consent Agenda with the exception of item 6 (c), TR13075. Motion passed unanimously (5-0). a. Approval of the February 28, 2018 Regular Commission Meeting Minutes - APPROVED b. TR13076 - Web Streaming System Upgrade: A Resolution of the City Commission of the City of Tamarac, Florida, approving the upgrade of the Web Streaming Systems from Swagit Productions, LLC. the sole source provider of the equipment and service; authorizing an expenditure for an amount not to exceed $87,210; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-24 d. TR13074 - Reimbursement Resolution: A Resolution of The City Commission of The City of Tamarac, Florida establishing its intent to reimburse certain capital expenditures incurred in connection with the acquisition, construction, reconstruction and equipping of various capital improvements within the city, including without limitation, a fire station, a park, and multiple sound walls, with proceeds of a future tax-exempt financing; providing certain other matters in connection therewith; and providing an effective date. RESOLUTION R-2018-26 Page 4 of 7 COMMISSION MEETING March 14, 2018 City Attorney Goren read TR13075 by title into the record. Commissioner Bolton seconded by Commissioner Placko moved to discuss TR13075. City Attorney Goren said staff will make a presentation and the Commission can accept staff's recommendation or reject it. City Attorney Goren said late this afternoon the Mayor and Commission received a letter from Liberty Counsel, via email, raising their concerns and said they object to the Zoning in Progress and rescind it as it violates the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act (RLUIPA), a copy of which attached hereto and incorporated herein. City Attorney Goren said before the Commission makes a decision this evening, members of the Public can be heard. Community Development Director Calloway appeared and gave a presentation, a copy of which is on file in the City Clerk's Office. Community Development Director Calloway went over the background of the Zoning in Progress, the challenging uses and the regulatory framework. City Attorney Goren said this is an item that requires Commission review and the Commission has several options with regard to the recommendation that was offered up. You can approve the recommendation of the Manager, you can reject it or modify it as needed. The end result is that in the event the Commission subscribes to and adopts the recommendation of the Manager the ultimate legislation which would indicate a change, or modification as described by Community Development Director Calloway with regard to future zoning and land use changes, would require a public review, public input, public hearings through the entire process. The code that Ms. Calloway refers to would require before the actual finalization of this issue. Ms. Calloway has also been given a copy of the letter from Liberty Counsel, she is aware of the implications of Federal Law. The City engaged an outside consultant some 14 months ago to assist in the context of matters and he said he knows the City would not engage a third party and violate the law. That would not be wise or fair and to the extent that the City Administration and the Department Director speaking before you this evening has given you her best analysis of what is being done and asked for. Ms. Calloway is aware of the what the law calls for at the Federal and State level that it is unlawful for local government to regulate religious organizations, institutions and other organizations of that type in a different way than any other user. Ms. Calloway has clearly indicated that this is not the intention of this proposal, it is not the intention of this recommendation and her recognition of that is the key factor of her presentation. Mayor Dressler asked Community Development Director Calloway to explain how this legislation works. Community Development Director Calloway provided the explanation that Mayor Dressler requested. Mayor Dressler opened the floor for Commission discussion. Community Development Director Calloway responded to numerous questions and concerns from Commissioner Bolton regarding this Zoning in Progress. Commissioner Bolton said it is unconscionable for Tamarac to block churches from coming into the City as they are the fabric of a community and this is a direct attack on God. Mayor Dressler opened the Public Hearing and the following individuals spoke in opposition to the Zoning in Progress: Bob di Scipio, Mary Croto, Rudolph Morton and Ronald Blackwood. Joel Davidson said he was on the Land Development Code Rewrite Committee and said the community has been very involved in the re -write. All pertinent information of the speakers is on file in the City Clerk's Office. With no one else wishing to speak, Mayor Dressler closed the Public Hearing. Commissioner Bolton appealed to his fellow Commission Page 6 of 7 COMMISSION MEETING March 14, 2018 members to not accept this legislation tonight and look into alternatives such as North Lauderdale. Mayor Dressler recessed the meeting at 9:12 pm at the request of Commissioner Placko and reconvened the meeting at 9:28 p.m. with all present as before. Commissioner Placko seconded by Commissioner Bolton moved approval of TR13075. Motion passed (4-1) with Commissioner Bolton dissenting. c. TR13075 - Zoning in Progress Request — New or Expanded Church and Places of Worship, Assembly, Auditorium or Uses Similar A Resolution of the City Commission of the City of Tamarac, Florida, confirming and ratifying the City Manager's Administrative Order dated February 20, 2018, attached hereto as Exhibit 1" and incorporated herein, declaring Zoning in Progress and prohibiting the acceptance of applications for administrative review, land development permits, and building permits for the use of land for new or expanded church and places of worship, assembly, auditorium and similar uses within the City of Tamarac, in accordance with Chapter 24, Article 11, Division 6, Section 24-91 of the City of Tamarac Code of Ordinances; authorizing and directing the City Manager to undertake study and review of the City's regulations relating to the number and locations of uses that involve churches and places of worship, assembly, auditorium and similar uses in the City of Tamarac; providing that upon the adoption of this Resolution confirming the prohibition of accepting administrative review, land development permits, and building permits for the use of land for new or expanded church and places of worship, assembly, auditorium and similar uses, no permits shall be issued for any use that involves land for new or expanded church and places of worship, assembly, auditorium and similar uses during the time period covered by this Resolution; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-26 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting 8. ORDINANCE(S) - FIRST READING: There were no Ordinance(s) — First Reading items scheduled for this meeting. 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting. 10. ORDINANCE(S) - SECOND READING: There were no Ordinance(s) — Second Reading items scheduled for this meeting. 11. QUASI-JUDICIAL HEARING(S): a. TB021 - i9 Bar & Grill Nightclub - Special Exception: Special Exception Approval to allow for the use of a sports bar restaurant and associated nightclub in a B-2 (Planned Community) Zoning District pursuant to the Permitted Uses Master List, Section 24-434, Tamarac Code of Ordinances. City Attorney Goren read TB021 by title into the Record. City Attorney Goren clarified that they need a physical quorum present to move forward with this item. City Attorney Goren went over the Quasi -Judicial procedures and processes. Commissioner Bolton left the meeting at 9:29 p.m. and City Attorney Goren said we will have to wait until he returns. Commissioner Bolton returned to the meeting at 9:32 p.m. and City Page 6 of 7 COMMISSION MEETING March 14, 2018 Attorney Goren said we can now continue with the meeting as we have a physical quorum. Commissioner Bolton left the meeting again at 9:34 p.m. Mayor Dressler recessed the meeting at 9:34 p.m. and reconvened the meeting at 9:39 p.m. with all present as before with the exception of Commissioner Bolton who did not return to the meeting. City Attorney Goren said the meeting cannot be continued and must be adjourned for the lack of quorum and this item will be set forth on the next regular commission meeting agenda. THIS ITEM WAS MOVED TO THE MARCH 28, 2018 MEETING DUE TO THE LACK OF A QUORAM. 12. OTHER There being no further business to come adjourned the meeting at 9:41 p.m. Patricia Teufel, City Clerk before the i ~commission, Mayor Dressler Hai4 Dressler, Mayor Page 7 of 7 COMMISSION MEETING March 14, 2018 Post Office Box 540774 122 C St. N.W., Ste. 360 Post Office Box 11108 Orlando, FL 32854-0774 Washington, DC 20005 Lynchburg, VA 24506-1108 Telephone: 407.875.1776 Telephone: 202.289.1776 Telephone: 407.875.1776 Facsimile: 407.875.0770 Facsimile: 202.216.9656 Facsimile: 407.875.0770 www.LC.org liberty@LC.org Reply to: Florida March 14, 2018 Via E-Mail Only Michael Cernech, City Manager City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Michael.Cernech@Tamarac.org Re: City ban on church building permit applications Dear Mr. Cernech: Liberty Counsel is a non-profit litigation, education and public policy organization with an emphasis on First Amendment religious liberty. With offices in Florida, Virginia, and Washington, D.C., we provide free legal representation to government entities, individual citizens, and a variety of groups, including churches. Liberty Counsel writes on behalf of churches within and surrounding the City of Tamarac ("City"), which have sought building permits, or which are considering new or expanded locations. Churches have contacted Liberty Counsel regarding the February 20, 2018 Administrative Order ("Order" or "the ban") released by your office. We are requesting that the ban be immediately rescinded, as it violates the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq (RLUIPA), as well as Florida's Religious Freedom Restoration Act ("RFRA"). Section 24-91 in the City's Code of Ordinances vests unbridled discretion in the office of the City Manager. As such, the enabling ordinance, and the ban are unconstitutional. The ban is styled an "ORDER DECLARING ZONING IN PROGRESS AND PROHIBITING THE ACCEPTANCE OF APPLICATIONS FOR ADMINISTRATIVE REVIEW, LAND DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR THE USE OF LAND FOR NEW OR EXPANDED CHURCH AND PLACES OF WORSHIP, ASSEMBLY, AUDITORIUM AND SIMILAR USES IN THE CITY OF TAMARAC." The Michael Cernec March 14, 2018 Page 2 operative language of the ban states "Pursuant to Chapter 24, Article II, Division 6; Section 24-91 of the Code of Ordinances of the City of Tamarac, the City Manager hereby finds that instituting a "Zoning in Progress", barring the acceptance of applications for administrative review, land development permits, and building permits for the use of land for new or expanded church or places of worship, assembly, auditorium and similar uses, within the City's municipal boundaries to be reasonably necessary and the least restrictive means available." Liberty Counsel is deeply concerned by the church permit ban, and by local reports. On information and belief, the ban is targeted particularly at small churches seeking to rent space in storefronts located within business districts. There is no tidal wave of pending applications for secular assembly uses like "auditorium(s) and similar uses in the City of Tamarac." Sec. 24-91 of the Tamarac Code of Ordinances, "Zoning in progress," contains concerning elements vesting the office of the City Manager with significant unbridled discretion: "Whenever it shall appear to the city manager that it is in the public interest to make a comprehensive determination ... and it further appears to the city manager that the said existing zoning districts and regulations may be detrimental... using the criteria set forth herein. . . the city manager shall immediately. issue an administrative order delineating the area(s) in question and prohibiting the issuance of any permits except as provided in this section." (Emphasis added). See Sec. 24-91(a). There have been no "delineated areas in question," as the ban is a flat ban, City-wide. In Sec. 24-91 (g), there are a number of subjective, standardless "criteria including, but not limited to, the following:" (1) To promote redevelopment and eliminate the causes of physical and economic blight; (2) To enrich the visual and functional quality of the streetscape for all user groups; (3) To create housing/affordable housing opportunities and choices by presenting innovative mixed land -use proposals; (4) To create an environment which fosters economic development through commercial redevelopment/revitalization, investment and job creation; (5) To create opportunities and incentives that facilitate redevelopment of private property; (6) To improve circulation for pedestrians, bicyclists and motorists; (7) To maintain Tamarac's strong demographic make-up and enhance the community's competitive position within Broward County; (8) Improper land use distribution; or Michael Cernec March 14, 2018 Page 3 (9) Any other factor which has a deleterious effect on the quality of life of the residents of the area, economic viability and overall environment "Whenever it shall appear" is no standard at all. The "criteria" referenced above are entirely subjective, and provide no objective standards to guide the decision -maker. There are no quantifiable metrics in any of these "criteria," but they are wholly subjective, and mean that whatever the decision -maker wants, the decision -maker gets, based on the decision -maker's view of the public good. Among other things, it is certainly not a legitimate (American) government interest to cure "improper land use distribution." It is well -settled that public officials may not be vested with unbridled discretion. Atlanta Journal & Constitution v. City of Atlanta Dept of Aviation, 322 F.3d 1298, 1306- 07, 1310-11 (11 th Cir. 2003); See also Bell v. City of Winter Park, Fla., 745 F.3d 1318, 1324 (11th Cir. 2014) (quoting City of Atlanta Dept of Aviation at 1310 (11th Cir. 2003) (en Banc) ("A grant of unrestrained discretion to an official responsible for monitoring and regulating First Amendment activities is facially unconstitutional")). In addition, the flat ban is a violation of the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), which forbids any government from imposing a "substantial burden" on religious uses of land unless those restrictions are necessary to further a compelling government interest. 42 U.S.C. § 2000cc(a)(1). RLUIPA's. Equal Terms provision states "[n]o government shall impose or implement a land use regulation in a manner, that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." 42 U.S.C. § 2000cc(b)(1). This statutory command "requir[es] equal treatment of secular and religious assemblies [and] allows courts to determine whether a particular system of classifications adopted by a city subtly or covertly departs from requirements of neutrality and general applicability." Midrash Sephardi, Inc. v. Town of Surlside, 366 F.3d 1214, 1232 (11th Cir.2004) (emphasis added). There is no massive influx of secular assembly permit requests. There are and are projected to be a number of church permit requests; thus, the ban is targeted at churches, despite window dressing of apparent neutrality regarding "THE USE OF LAND FOR NEW OR EXPANDED CHURCH AND PLACES OF WORSHIP," on the one hand, and secular "ASSEMBLY, AUDITORIUM AND SIMILAR USES IN THE CITY OF TAMARAC," on the other. There are four elements of an Equal Terms violation: (1) the plaintiff must be a religious assembly or institution, (2) subject to a land use regulation, that (3) treats the religious assembly on less than equal terms, with (4) a nonreligious assembly or institution. 42 U.S.C. § 2000cc(b)(1); see Midrash, 366 F.3d at 1232. Under the statute, the plaintiff bears the initial burden of "produc[ing] prima facie evidence to support a Michael Cernec March 14, 2018 Page 4 claim alleging a[n Equal Terms] violation." 42 U.S.C. § 2000cc-2(b). If the plaintiff meets its initial burden, "the government... bear[s] the burden of persuasion on any element of the claim." Id. (Emphasis added). The Eleventh Circuit Court of Appeals has also held that a violation of the Equal Terms provision is not necessarily fatal to the land use regulation, Midrash, 366 F.3d at 1231-35, but "a violation of § (b)'s equal treatment provision ... must undergo strict scrutiny." Id. at 1232. Under that rubric, the offending conduct may be upheld if the defendant establishes that the conduct employs a narrowly tailored means of achieving a compelling government interest. Id. (citing Lukumi, 508 U.S. at 546, 113 S.Ct. 2217). Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward Cty_, 450 F.3d 1295, 1307-08 (11 th Cir. 2006). The criteria listed above are not "compelling government interests," nor is a flat ban "narrowly tailored," and a mere recital that the ban is the "least restrictive means available," without more, cannot withstand strict scrutiny. Finally, we would caution the City that a "Zoning in progress" rule did not prevent a country club from challenging Palm Beach County's failure to consider the club's application for rezoning which was in compliance with the existing comprehensive plan, even though the club had knowledge of a pending change in comprehensive plan which would be inconsistent with its proposal. Gardens Country Club, Inc. v. Palm Beach County, App. 4 Dist., 590 So.2d 488 (1991). The bottom line for Liberty Counsel is this: church and religious worship uses are not harming the comprehensive plan within the City of Tamarac in any cognizable fashion. Liberty Counsel views a flat ban on acceptance of church building or use permits as unconstitutional, and a violation of RLUIPA. If the City is reconsidering its current zoning, it may do so, but until amendments to the Comprehensive Plan are lawfully enacted, in the meantime, the City should continue to accept applications for administrative review, land development permits, and building permits for the use of land for new or expanded church or places of worship. The City's failure to do so could subject it to costly liability for civil rights violations. For these reasons, it is our hope that the Office of the City Manager will simply withdraw this misguided action. Barring that, Liberty Counsel hereby adds its voice to that of our local Tamarac constituents that the City Commission reject and reverse the ban. Michael Cemec March 14, 2018 Page 5 Thank you for your consideration of these serious concerns. Sincerely, -- ,. ary E. McAlistert and L.`Mas, CC Via Email: City Commission Mayor Harry Dressler (At Large) District 1 - Commissioner Marlon D. Bolton District 2 - Vice Mayor Michelle J. Gomez District 3 - Commissioner Julie Fishman District 4 - Commissioner Debra Placko t Licensed in California, Florida and Virginia t t Licensed in Virginia RLM/tge Harry.Dressler@Tamarac.org Marion.Bolton@Tamarac.org Michelle.Gomez@Tamarac.org Julie. Fishman@Tamarac.org Debra.Placko@Tamarac.org I BAMROU I NO jn,S-eptemberg and Land DevelopmeFnt. 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Udeveloprivot Study ("Stvdy"): �vggestthatcv rrenttre.ROs fqr-develo p ment pf Via cesW -of orship- �an I adequately addressed by the current Zo-n assernbly d other �Irnilar uses not be ade. d ,auditDrIbm Ing Cade.. A public' is therefore pejoessary and )n- the s,best finteresi.to study tbesevsos and the: outdated; Zoning to ensQfe conforman Study and current trends fbr urds and .create along -term . strategy conformance Stith'the davelb -bieat of such use Th "Zoning tn5roiress':Isl06. dedtP4fjQwCJarlbn and Associates suff time to study ;and evaluate revisions to the Z nIn Cade with respect to the regulation, of places of I I s.and. similar uses, so 4s, to Implem athe adopted Study 'address -worshhtp, assembly, audtoriurn e o -o afford a1l due statutory and constitutional.protecti s Current development C... .ent trends -while continuing t 0 on, or P aces.0tworOlp artd:slrnllar uses s„ . y rpr a v�S„AinCk wa 'a r '� .f 'S � -5 w. ✓k +f Y . f tg x + :a 1. l i �'.. K4w : 2 �ltrg`y i• y�,�' na. ai n PIK TY nz 0 t� Z4 rticte: fi, tutu slap 6, a tiotr Za�9 of the G4de of` Qrdinaoces of the "City of Mpg } } 00.0; the. Gcy - aft ager hereby finds #lidi-lnstft�itlt►g.:a "ZonGng in i�r..ogress", Ybarrira� the -.. �,y a1xfance df appllcatlons for admfni3fraclve reviland development peemi.ts, and building perrnis fpr ,A J tote use tsf'%trFd foc tjew or expatidedthurct3 i�r. pta s o:fwc�rsh ,p, assembly, auditoritti» afid Sirn;ldr' uses, 'E �+vithtrt iFt IC�ty' r,auntcipai oouhdarie's to#fie: re$#otab�y neoassaey and the least: restriatttre,mgariS auaitaole..Fvrtfier.Mare, the City.M, stage de lacax �'Zon(rt atl'P;tt grns�" far a:per5ad:o� one hutzdred and: �+ L k gCrtq F AQj days ftam the date .of khis Artrn'It�istratisrs brd i~to all'vw C(arfort and`Associates W dievelop. y r oon3is rtE deonsi Fortino d�g#ricts ai'n:d d t[PP ner�tsta fin ndotds :patibie with the Study a nd cu rre'r .X due►oprdent tends ,Wit(1e:.00ntinuln� tip='afford a:U dike atatutaYy and constlt>►i tonal protections for place ctf:wc�rsh%p>and-simalar� w$es: Ott>vi..di.r ' thAt the Adman strati've. Order. shall he complied with by all pity personn t'and.shall bg etfectibe'immediately upon ex a ttotr,:sgt3de f:fa:afflrmation by resol:utiortbf'tie , ty:ornmissian, untoss r e:7✓t seal; tnadified or superseded: rso(ti:arx passed by the Criy. .Cotrrm.fssiort. in accordance with Section 24-g1(c):of the;Cttjt of Tamar c bode ofOrslfhanees, this. rnatter:shal(hep:Eaad' orrte ne;:availble City Comm"issiamagenda o:f'March '14,.2(J18 fiat review and.ad.ap£Ion,of a Resolution WfirM ft. this adrnibi,"Watrve.order.