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HomeMy WebLinkAbout2018-10-08 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MOND", OCTOBER 8, 2018 CALL TO ORDER: Mayor Harry Dressler called the Workshop of the City Commission to order at 9:41 a.m. on Monday, October 8, 2018 in Conference Room 105, City Hall, 7525 NW 88tn Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Harry Dressler, Vice Mayor Michelle J. Gomez, Commissioner Marlon Bolton, Commissioner Julie Fishman and Commissioner Debra Placko were in attendance. Also in attendance were City Manager Michael Cernech, Assistant City Manager Kathleen Gunn, City Attorney Samuel S. Goren and City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Placko led the Pledge of Allegiance. Mayor Dressler requested a moment of silent on behalf of the recent earthquake victims in Haiti. 1. Public Art Update - Community Development Director Maxine Calloway, and Public Art Administrators George Gadson and Beth Ravitz appeared. Director Calloway introduced Public Art Administrators George Gadson and Beth Ravitz who made a presentation which is on file at the City Clerk's Office. Ms. Ravitz updated the City Commission on the Murals Program for the Sportsplex Administrative Offices and two Dugouts presenting ideas by the _ Artist selected, Cecilia Lueza; the Mainlands Park Bathroom Mural ideas by the selected artist Jacklyn Laflamme; Community Center - Commemorative 10-year Anniversary of Tamarac Historical Society, presenting ideas by DiBari & Associates that will incorporate photos from the Historical Society in the mural; and Water's Edge Park Fence requested by Parks & Recreation Department with ideas by artist Georgeta Fondos; Tamarac Park fence, ideas by Sandra Garcia -Pardo. Public Art Administrator Gadson talked about using art to promote Economic Development, creating a sense of place. He talked about the Metamorphosis: Tamarac Village project, funding and about the artist Cinthia Fisher currently in contract negotiations and noting there is a meeting scheduled for October 24tn 2018 at the Tamarac Recreation Citrus Room; University Drive Overpass Project timeframe; Inspiration Way; and the Ibis Sculpture to be scheduled once the Inspiration Way project is completed. Public Art Administrator Ravitz gave an update on Sunset Hammock and responded to questions by the City Commission related to the Biz Box location and current budget for Hammock Park. Vice Mayor Gomez talked about contacting people in D.C. for other funding avenues. Commissioner Placko inquired about Tamarac Village mosaic layout; and if there is any additional cost for Sunset Hammock Park after Construction. Public Art Administrator Gadson talked about Celebrating Veterans Through Art event by artist Susan Buzzi who scheduled Art Workshops for Veterans. He also talked about Public Art Maintenance of the 911 Memorial Lighting to investigate the lighting issue and then will report back to the City Commission. Public Art Administrators Gadson and Ravitz responded to additional questions from the City Commission. Mayor Dressler inquired about the Biz Box concept, determining the business plan and the liability aspect and Community Development Director Calloway responded that it is determined by an internal committee. Mayor Dressler thanked the presenters and moved on to the next item. Page 1 of 6 COMMISSION WORKSHOP MEETING October 8, 2018 2. TR13173 - Broward Metropolitan Planning Organization - Interlocal Agreement: Item No. 6 (c) on the Consent Agenda. (TR13173) A Resolution of the City Commission of the City of Tamarac, Florida, approving the Interlocal Agreement between the City of Tamarac and the Broward Metropolitan Planning Organization "BMPO") for Transportation Planning Services, attached hereto as Exhibit 1" and incorporated herein; authorizing and directing the appropriate City Officials to execute all documents necessary to effectuate the intent of this Resolution; directing the City Clerk to provide a copy of this Resolution, along with the Executed Interlocal Agreement to the Broward County Clerk of Courts for recordation; providing for conflicts; providing for severability; providing for an effective date. Community Development Director Maxine Calloway and MPO Staff Member Paul Calvaresi appeared. Community Development Director Calloway talked about the interlocal agreement to access MPO staff and their consultants for transportation planning services, which is a general template of the agreement and the proposal entered into with the MPO that is greater than $65,000 in value that will be brought to the City Commission for approval. She added this is a great opportunity to partner with the MPO because we want the transportation plan to be consistent with their guidelines and their transportation master plan guidelines. MPO Staff Member Calvaresi talked about opportunities for a transportation project that if there is a problem that needs a solution, the transportation plan would be more comprehensive. The MPO Interlocal Agreement will allow MPO to staff the City, also gives the City access to the library of services, and will be a quick mechanism to get consultants on board. Commissioner Placko said it is good business. The MPO is the expert and the City will be saving time by further partnering with the MPO. Mayor Dressler said everyone is a winner. Mayor Dressler thanked the presenters concluding discussion Mayor Dressler recessed the meeting at 11:09 a.m. and reconvened at 11:22 a.m. with all present as before. 3.Update on the Preemptions Statute Litigation- City Attorney Samuel S. Goren appeared. City Attorney Goren said this topic was discussed before and gave feedback on the history of the Statute and the City's involvement with regards to the Statute itself and the legal challenges currently occurring in Tallahassee, Leon County. The preemption Statute was adopted in 1987. He spoke as the penalty provisions came into effect in 2011 that roused the interest of public officials statewide regarding gun regulation, gun management and ammunition control. The Statute itself has been in place for a long time. Attorney Goren read the provision of Statute 790.33 that declares "the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void." This statute was very narrowly tailored to be totally preempted. It is well drafted and maybe called the Fred Carlucci Act, but Marian Hammer had a lot to do with the adoption, in the revisions back in 2011. The consequence to which is the legislature, by specific State Legislation in this section of the Statute is taking up the entire field. It is the intent of the section to provide a uniform firearms laws in State to declare all ordinances and regulations null and void which has been enacted in a jurisdiction other than the State or Federal and which regulates firearms, ammunition or components thereof to prohibit the enactment of any future ordinances or regulations related to firearms, ammunition or components thereof, unless specifically authorized by this section or general law, and to require local jurisdictions to enforce State firearms laws. Attorney Goren said one of the more egregious aspects is what the penalties are, because Page 2 of 6 COMMISSION WORKSHOP MEETING October 8, 2018 the lawsuit is currently pending in Tallahassee. There are three lawsuits that were recently consolidated. Every Town Lawsuit is a national organization out of New York with Michael Blumberg involved in the organization. Many Cities in Broward County and the State of Florida were members of Every Town particularly Mayors against gun violence including Pembroke Pines. The four plaintiffs in the Every Town lawsuit are Pembroke Pines, Coral Springs, Coconut Creek and Wilton Manors. The Second lawsuit was filed by Broward County itself, by Drew Myers. The Broward County case is also a challenge by the Board of County Commissioners of Broward County challenging the Statute as well as constitutionally. The third lawsuit is the Statute that challenges the legal preemption of the State. City Attorney Goren mentioned the Cities engaged in the litigation, for the record: Weston, Miramar, Pompano Beach, Pinecrest, S. Miami, Miami Gardens, Cutler Bay, Lauderhill, Boca Raton, Surfside, Tallahassee, North Miami, Orlando, Fort Lauderdale, Gainesville, St. Petersburg, Maitland and Key Biscayne. All 3 lawsuits consolidated before Judge Dodson, Leon County, Florida, in Tallahassee. The State is being defended by their own Council. The end result in which any person, county, agency, municipality, district or other entity that violates the legislature occupation of the whole field of regulations on firearms and ammunitions, as declared in sub -section (1) by enacting or causing to enforce any local ordinance, administrative ruler or regulation impinging on such exclusive occupation field shall be liable as set forth herein. He talked about the penalties for public officials, promoting legislation that regulates the field that is preempted by the State is potentially a $5,000 fine assessed against the elected or appointed official. Attorney Goren said public funds may not be used to defend or reimburse the unlawful conduct of any person found that knowingly and willfully violated this section as it relates to firearms, management control or ammunition. The person acting in official capacity may be removed from office by the Governor, and if in the capacity as City Manager or City Attorney may be terminated from employment. Attorney Goren said Section 790.33(3)(f) of the Florida Statutes provides that a person or any organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order or policy promulgated or caused to be enforced in violation of this section may file suit for declaratory and injunctive relief. The court shall award reasonable attorney's fees in accordance with the state laws, including a contingency fee multiplier, as authorized by law and for actual damages incurred, but not more than $100,000. This particular statute is egregious because not only preempts the field, it also provides for severe penalties that can impact public officials. Attorney Goren spoke about some states that may carry criminal penalties for those kinds of violations. Some cities in that state, including Broward, are adopting resolutions which are not specifically regulations, rules or policies to support the currently pending litigation in Tallahassee. These cities are North Lauderdale and Dania Beach among others. It is not an ordinance, regulation or rule but simply free speech on support of pending litigation. Attorney Goren said it is a policy decision the City Commission may choose to make. The lawsuit is voluminous, very well -articulated and there are bright lawyers who drafted the complaint and are willing to share documentation with you at your convenience. Attorney Goren entertained questions from the City Commission related to penalties on elected officials and read the NRA motion and arguments related to Statute 790.33. Commissioner Fishman requested the City Commission explore the possibility of a resolution in support of the part of the lawsuit that deals with penalties. Attorney Goren said he would make every effort to draft a document that would not violate the statute. Mayor Dressler addressed Commissioner Fishman's -- recommendation and said is best to wait. He spoke about cities with restricted laws. Attorney Goren addressed the Heller Case, decided in 2008 by the U.S. Supreme Court by Justice Scalia who drafted the opinion. With no further discussion, Mayor Dressier Page 3 of 6 COMMISSION WORKSHOP MEETING October 8, 2018 recessed the meeting at 11:09 a.m. and reconvened the meeting at 11:22 a.m. with all present as before. 4. Political Activity in Public Places - City Attorney Samuel S. Goren appeared. City Attorney Goren talked about Florida and the State of Florida Elections Code, Chapter 99 -- thru 106. He said this is another preempted Statute that speaks in terms of how the State of Florida governs elections matters. There is a Supervisor of Elections, 67 counties elected countywide and elected bipartisan statewide. The corresponding analogist position in local government is the City Clerk because in local elections, the City Clerk is essentially the local Supervisor of Elections for local elections. The Division of Elections Opinions as well as the Ethics Opinion, are binding on the person who made the request. There is a specific section of Chapter 106 of the Florida Statutes that authorizes people with doubts or concerns may ask for a Division of Elections Opinion (DEO), , handled by lawyers under the Secretary of State's Office. During the course of an election, people running for office must follow a set of rules and guidelines. Chapter 99 thru 106 is an unequivocal obligation that governs all elections in the State of Florida. Attorney Goren talked about an inquiry made by the City Clerk in August 23, 2018 with regards to a topic, source of discussion not just in Tamarac but in other venues in the County on what do you do in Public access. The City Clerk cannot render a legal opinion. The City Attorney cannot render an opinion to candidates running for office as it is a private position. The opinions are either given by the Division of Elections as described in Chapter 106 or by the AG's office or if it is an ethics issue, may be connected to the Ethics Commission. The City Attorney's Office can provide legal advice to the City Clerk as it tries to guide her regarding a particular issue that affects anyone in the middle of an election, in the form of a memorandum. City Attorney Goren referenced the opinion provided in the August 23, 2018 Memorandum to the City Commission regarding Political Activity in Public Places, that reads "The privilege of a citizen of the United States to use the streets and parks for communication of views on national questions may be regulated in the interest of all; it is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abridged or denied." The right to engage in political activities is a fundamental right protected by the Constitution, the First Amendment. Any laws or policies which would seek to limit political activity or subject to a Strict Scrutiny Examination that must: be Justified by a compelling governmental interest; be narrowly tailored to achieve the specific interest; and be the least restrictive means for achieving that interest. Attorney Goren said that the City of Tamarac does not currently have any policies seeking to restrict political activity, including campaigning, on publicly owned property. The City must follow Federal Law in the context to the right of access that is provided and to the extent where there may be custom or practice, which is how government may have operated in the past based upon a set of facts or circumstances that were commonly accepted at the time for how things are done, should be done or will be done. City Attorney Goren said the purpose of the memorandum was to open the door for conversation and to use it as a guideline that may assist for the present or future changes. Mayor Dressler opened the floor for Commission questions or comments. Vice Mayor Gomez referred to historical rule regarding campaigning in public events as these events are not to be used for propaganda or by political candidates. She talked about the Family Fun Day Event incident and her concern for the Taste of Tamarac Event where people are paying for the event they are attending peacefully and may be approached or solicited by people with a governmental interest. Commissioner Placko said _.._ as an elected official, she conducts herself up to the standards she thinks she needs to and sincerely hopes everyone does the same. She said everyone must be respectful. Page 4 of 6 COMMISSION WORKSHOP MEETING October 8, 2018 Commissioner Bolton talked about policy and campaigning practices, and made a reference to an incident at the Caporella Aquatic Park at which a candidate was not allowed to bring in campaign material. Commissioner Bolton said wearing campaign T- shirts is campaigning. Mayor Dressler talked about his experience campaigning as an elected official and said people attending an event do not expect to be solicited and agreed that the standards be memorialized in writing and asked for a consensus on how to move forward, not advocating for anyone but for the law. City Attorney Goren said he may have to draft an ordinance and made reference to Chapter 104. Commissioner Placko inquired about BSO attendance at events and Captain Glassman said BSO must be notified and BSO does not get involved in political events. Commissioner Fishman talked about standard practice, intent and what is it trying to do. Mayor Dressler led additional discussion related to Saturday's Family Fun Day event; campaigners conduct; wearing City Official shirts when not on a role as a City Official: and asked the City Commission to remain collegial until the elections. Vice Mayor Gomez read the First Amendment and had discussion on campaigning on major non -city events but on City Property. City Attorney Goren said if an attendee at any public event is disturbed by a candidate or a surrogate, may simply say he or she does not want their literature and do not want to talk to them or be disturbed. The law protects individuals who otherwise are put upon by candidates or surrogates at such events and if the person felt excessively put upon, then those in charge of the facilities whether it be BSO or otherwise, may ask them to stop doing that. The Commission may not be able to regulate every possible issue or activity of human behavior. The City Commission is in a difficult timeframe because the- elections are less than a month away. To adopt an ordinance on an emergency basis may be suspicious because there is no safety thread to adopt the ordinance. He said the best the Commission can do is consider a resolution to adopt a policy, which is what is the policy going to do and how is it going to be tailored. City Attorney Goren understands how important the comments made by Vice Mayor Gomez are and would be concerned of that kind of limited regulation on public property. City Attorney Goren said he has an obligation to tell the Commission on the record as they may be sued over it. The City cannot regulate reasonable time, place and manner of regulations. He clarified that if the City Commission articulates reasonable time, place and manner and destination is, he may try to draft a resolution to capture it. Mayor Dressler asked Assistant City Attorney Horowitz for his comments regarding the discussion. City Attorney Horowitz gave an analogy about political speech that is protected as a fundamental right, then talked about the time the City looked into regulating Panhandling on public median which is also a constitutional and protected fundamental right. City Attorney Horowitz gave an example of a case where a City south of Tamarac was sued in federal court over a restriction put in place. He said the federal court held the City's Ordinance, finding reasonable time, place and manner restriction as the City had a legitimate compelling interest in protecting pedestrians' safety and motor vehicle safety, and the restrictions identified were so few the ordinance was narrowly tailored to achieve that interest and was with the least restrictive means necessary to do that. He asked the Commission, as City Policy Makers, to tell the City Attorney what the compelling interest is, but at the end of the day, what is the City Commission trying to achieve, and how to be able to tailor an ordinance, policy or resolution to do that. He agreed with City Attorney Goren to be currently operating under a very constrained time to be able to achieve what is being discussed today. Defining what a City event is and restrict that activity will require some research. Additional discussion took place regarding what other cities allow, the use of booths at events and what candidates can do. Mayor Dressler asked for a consensus on asking the voters to assess if that matters to them. City Manager Cernech requested clarity in order to direct staff. Mayor asked Commission if in favor of Page 5 of 6 COMMISSION WORKSHOP MEETING October 8, 2018 instructing staff to continue with the standards and customs regarding campaigning on property during a non-public event with responses as follows: Commissioner Fishman yes, Vice Mayor Gomez yes, Commission Placko yes, Commissioner Bolton no, Mayor Dressler yes. Mayor Dressler said to have people campaigning stay at the entrance or the exit of the event. Staff should continue going through their chain of command and the process in place, as staff have not been instructed differently than in the past and ask everyone else to respect that. 5. Other — City Manager Cernech announced there is lunch for those attending the Ethics Training. There being no further business to come before the City Commission, Mayor Dressler adjourned the meeting at 1:53 p.m. Lillian Pabon, CMC Assistant City Clerk Page 6 of 6 COMMISSION WORKSHOP MEETING October 8, 2018