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. Re f..a.tions Consuiton.ts, to draft a comprehensive -rewrite of t.be 'City. sI Land
Development Regulations ("LDR") aimed at addressing deficiebdiet and coriflictscontained within the
Code of Or in rveq ..Oin.ance -oly:,,g needs of 'the qornmprfty., The
s ('the 'Cb,.dg') while responding to 6e. ripw ev
.9
need for a cdthprehensive teWrlfe .6f1heLD.A.-was also ba.sedron: the tj hd bgs that, the Code Werently
co-ntaJrisoutdated, ngjeor:orcontra.Oi.ctor.yzoning districts and fa, g - gewhich redpitates the need for
tions. the
are perrnitWd In certain bP.sfn0A$ zoning; districts w*hich, ;4re hot Consistent wi hat,ailow*
th 41stritto t
bs.sembky, auditorium a.ndvt'h-eF`.Mft.1fla'r useS,
T,b,e OtYs1007-adopt.ed Comprehe.tWve::PJahj future tghd Use Vement, Pblective I re,.*4ulres the City to
adrnihister and adopt appropriate land -development code reVlslons arnending them as,nee.de �O to
respond-hahgih -,obAdItions. �t4evo..Iopr Icrt�.-, 0;�en.pent trends,andtbe,adopbott Of the 20u Commercial
Aeterla 1. 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.