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07-24-2000 Workshop Meeting The c~ of AVentura ...... ,- .: -~,..,.,~,,,."'" 2999NE191otStreet Suite500 Aventura.FL33180 City Commission Workshop Meeting July 24, 2000 following 9 a.m. regular meeting Executive Conference Room AGENDA 1. Incorporation ResolutiOn*(commissioner Rogers - Libert) 2. Windstorm Legislation (Commissioner Rogers _ Libert) 3. Gun Lock Resolution* (Commissioner Rogers - Libert) 4. Cell Phone Legislation (Commissioner Cohen) * Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of A ventura Advisory Boards may be in attendance. To: From: Date: Re: Cl1YOf' AveNTORA c.v.>ec.v.>oraNo::::I<..)(.V) Eric S"r"lca Citll Manafer Julll 79, 200 Patricia R"fef C"mmissi"ner Miami-Dade Leafue &s"luti"n refardinf Incorporation At its Julll 6'. meetinf, the Miami-Dade Leafue passed a resolution in opposition to the Countll's proposed charter rerlision, which woutJ restrict the charter powers of future municipalities (attached). The proposed charter amendment would rei(uire new cities to pall tribute to the Countll and to use specific countll serrlice, such as fire and police, for an indefinite period. The Leafue has asked it members to join in opposition to this proposed charter chanfe. I am rei(uestinf that IIOU place this on the Julll workshop afenda for Commission discussion. Attachment c: Mallor & Commissioners Jul 7 '00 11:08 P.02/03 , , I RESOLUTION NO. 2000-10 A RESOLUTION ,OF THE BOARD OF DIRECTORS OF THE MIAMI-DADE COUNTY LEAGuE OF Lnn;S, INC., OPPOSING METROPOLITAN MIAMI-DADE COUNTY'S PROPOSED CHARTER CHANGE WHICH WOULD RESTRICT THE INDEPENDENCE' OF FUTURE MUNICIPALITIES TO BE CREATED AITER SEPTEMBER 1, 2000. WHEREAS, there have been significant and numerous requests for incorporation from local areas of common intereilt in and about unincorporated Miami-Dade County; and WHEREAS, many citizen groups use this to empower themselves and local areas as their vehicle of self governance through the creation of nnmicipalities; and, WHEREAS, Miami-Dade County is attempting to restrict the citizen's ability to organize and determine their governance structUre with unreasonable standards, conditions and restrictions; and, WBERAS. Miami-Dade County has scheduled a Charter Referendum for October 3, 2000. a historically low voter turn-out election date. NOW, IH.JU<EFORE. BE IT RESOLVED by the Board of DiTeCtors of the Miami-Dade County League of Cities, Inc., that: Section 1. The foregoing is true and correct. Section Z. The Miami-Dade League of Cities. Inc., and its elected leaders urge each and every citizen to study and review this proposed charter restriction for future municipalities. Section 3. Each and every registered voter reject the principle of "two-tier" municipalities, _ those which exist with full sovereignty charter powers, and those which will be relegated to a downgraded 2M class status with less than full charter powers. RESOLUTION NO. 2000-10 Jut 7 '00 11:09 P.03/03 Section- 4. The Miami-Dade League of Cities, Inc., would urge each registered voter to exercise their franchise and vote "no" thereby rejecting this limiting charter proposal. APPROVED AND ADOPTED by the Board of Directors of the Miami-Dade County League of Cities, Inc. at regular meeting assembled this 0 ~ day of ~ lL& 2000. 0' ATTEST, ~ ~ . ~l)." HON~ANIEL S. T.' EFF Secretary Is! HONORABll wtLFREDO (WlLL Y) GORT , President RESOLUTION NO. 2000-10 To: From: Date: Re: ClTVOf' AveNTOOA MeMoraNdUM Eric Sl1rl1ka CitlJ Manal/er JullJ 19, 200 Patricia RI1l/er Commissioner South Miami Resolution on Gunlocks The CitlJ of Sl1uth Miami recentllJ passetl an I1rtlinance re,/uirinl/ lockinl/ tier/ices on firearms storeti within South Miami's CitlJ limits (attacheti). Floritla AttornelJ General Bob Butterworth has tieclareti that the ortiinance is lel/al anti clarifies an existinl/ state law. Mr. Butterworth further statetl that the existence of a Floritla law,el/a,tlinl/ the securinl/ of firearms tioes not preclutle a municipalitlJ from atioptinl/ more strinl/ent stantlartis. At its JullJ 11" meetinl/, the Goltlcoast Leal/ue of Cities passetl a resolution in support of the South Miami Ortlinance The Leal/ue has asketl it members to ioin in opposition to this proposeti charter chanl/e. 1 am re,/uestinl/ that lJou place this on the JullJ workshop ill/entia for Commission tiiscussion. Attachment c: MalJor & Commissioners 108 www.herald.com THURSDAY,JUlY13,2000 SA JOHN S. KNIGHT (1894.1981) ALBERTO IBARGOEN PUBLISHER . PAUL ANGER BROWARO PUBLISHER . TOM FIEDLER EDITORIAL PAGES EDITOI EDITORIALS A NEW ATTACK ON PRO-GUN LAWS . SOUTH MIAMI STRATEGY SHOULD BE IMITATED Florida Attorney General Bob Butter- worth's opinion this week in support of a city ordinance requiring that all guns within its limits be stored with trigger locks represents far more than a victory for conunon sense, one that will doubtless save the lives of many innocent people. As important, it points the way for suc- cessful legal attacks against one of the most insidious, life-threatening laws ever to clear the Florida Legislature. That 1987 law, named for its late author, the gun-lov- ing Joe Carlucci of Jacksonville, has pre- vented city and county governments from taking any steps that might keep tire arms out of the reach of children and others who would misuse them. The measure was a top priority of the National Rit1e Association and other pro- gun groups during the late 1980s as a way to keep local communities from adopting strict gun controls, such as the landmark ordinance in Morton Grove, Ill., that suc- cessfully banned guns within its town lim- its. The Morton Grove ordinance, subse- quently upheld by the U.S. Supreme Court, belied the false claims of the gun lobby that firearms possession is a consti- tutional right. To keep other cities and counties from following Morton Grove's example, the NRA peddled a law to state legislatures, including Florida's, denying local govern- ments the ability to regulate fIrearms. The strategy succeeded, and the Florida Legis- lature has buried all meaningful gun con- trol ever since. But last month, showing legal brilliance and some political courage, the South Miami city council adopted an ordinance requiring that any gun within its municipal boundaries had to be stored with a trigger lock. The NP_<\. has fought vehemently against similar laws nationwide, and it threatened to challenge_ South Miami's ordinance as violating the Carlucci Act. Enter Mr. Butterworth, the state's top lawyer whose duties include issuing non- binding, but influential opinions about the legality oflocal ordinances and legislation. In response to a complaint about the ordi- nance from state Sen. John Grant of Tampa, a supportel of the Carlucci Act, the attorney general determined that it doesn't violate that law. In fact, he wrote, it actually clarifIes an existing state law requiring that firearms be "secured" when children might have access to them. The South Miami ordi- nance simply specities that the method of securing the gun is through a gun lock. Mr. Butterworth added: "Nor does the existence of statutes requiring that fire~ arms be secured necessarily preclude a municipality from adopting a more strin- gent standard." Miami-Dade Mayor Alex Penelas announced Tuesday that he will consider seeking a similar ordinance. Other mayors and local ofticials should do the same all across Florida. If the Legislature won't protect inno- cent lives, other politicians must. ORDINANCE NO. 14-00-1716 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA, RELATING TO PUBLIC SAFETY; AMENDING SEC. 15.7, OF THE CODE OF ORDINANCES TO BE ENTITLED "LOCKING DEVICES REQUIRED FOR FIREARMS"; REQUIRING LOCKING DEVICES ON FIREARMS STORED IN THE CITY OF SOUTH MIAVlI; CREATING A PUBLIC DUTY; PROVIDING CIVIL PENALTIES; PROVIDING fOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS. the Mayor and City Commission of the City of South Miami are charged with protecting the public health, safety and welfare; and, WHEREAS, each year in the nation, in the State of Florida and in Miami-Dade County, Florida, a multitude of children gain access to fircanm that are stored in their homes with the painful result that many innocent persons are injured. If,aimed or killed; WHEREAS, the Mayor and City Commission recognize that the Florida Legislature preempted the field of regulation of firearms as provided by sec. 790.33. Florida Statutes. and that it specified the subject matter over which municipalities arc excluded from enacting ordinances. Providently. by specifying the subject matter that municipalities may not regulate the Florida Legislature omitted ment:on of regulation of the storage of fireanns. The Mayor and City Commission acknowledge that the Florida Legislature is presumed to have intenlionally omitted the regulation of the storage of fir~anlls frol11 it~ preemption of the specified subject matter. By enacting thi,; ordinance, it is the intent of the Mayor and City Commission to provide for public safety in the storage for fireanm in the limited area that',s not preempted by the F\orid~ 1.egislature: and. WH ERE AS, the Mayor and Clt)' Commission desire to establish a standard of care for the safe storage of tireanns in residences to reduce the likelihood that children and others will be injured by gun;;. NOW. THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION or THE CITY OF SQUTH MIAMI. FLORIDA: Section \. Section 15-7. entitled "Reserved", of the City of South \1iaml Code of OrdiriiiiiCes is amended \0 read: ti~ 3V1d ~~1et: H oc.el'lnr ~Ste9 e99 soe ~I~1I~ H~nos jO A~IO :AS ~N~S Sec. 15-7. Locking devices requir~d for fir~arms. ( I) "Locking dcvice" means a device that when installed on a firearm and secured by means of a key or a mechanically or <:leclronically operated combination lock prevents the firearm from being discharged without first deactivating or removing the device. (2) If a person stores or leaves a firearm at any location wherc the person knows or reasonably should know that a minor might gain access In the fireann, the person shall secure thc firearm with a locking device eJlcept when it is carried on his or her body or is located within such close proximity thaI the person can retrieve the fireann and prever.t access to it by a minor. (3) A violation of this section is a breach of a duty of safety owed by the person who owns or possesses the firearm to all minors who might gain aeces. to it and to the general public. (4) A violation of this section is punishable as a class V civil violation. No counesy notice shall be issued to the violator. Section 2. ffany sc:ctiu/l, clause, sentence. or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction. the holding shall not affect the validity of the remaining ponions of this ordinance. Section 3. All ordinances or pans of ordinances in conflict with the provisions of this ordinance arc repealed. Section 4. This ordinance shall be published in the City of South Miami Code or Ordinances. Sectio/l 5. This ordinance shall tak.: effect immediately upon approved. PASSED ,'ND ADOPTED this fith- day of June ,2000. ^ TTEST: . . / ...-Y/I. ~--JtLA _"'I.' /1.;' . ~ .;. CITY CLERK .J APPROVED: ~ --:~::./-1"/Z- ~(:<?- MAYOR I" Reading - 5/2/00 2nd Reading - 6/6/00 2 r/~ ~OVd ~~I\lt:t: H OC'~f'lnr :St~9 ~ee SO~ ~I~VI~ H~nos JO A~IO :AS lN~S JUL-18-2000 05:31 PM J 954 525 1248 p, J2 . 1'-JYI.gO II;QI Fran-llllTED Ii~L TlC~K CllRi 1141111111 T.l04 p,OI/OI ,.m Pk - UnitedHealthca.re d AlJn",,",IM~~llIny UMl!'dl1e3ilhcaro \3011 ~w 11'" S,..., 51""" H 11113 luly 17. ZOOO Mr. LkIYd lUIodel Tbc N>odcs Insuranea Group 1219 Basi Las Olas llc.llCVlll'd ~ Laudcrdal.. FL 33301 Re: City of ^ ventulll- ~36448 Dear Lloyd As per YOllr requCl!I bave checl<tJd 011 tile poIlibiJity of offcrin8lhe City eleCled offieial.lhe current healdl plaR we oft'er \'> the City amployees. Unfonuoatcly. after discullions wlIh managmnenl and uoderwritiog, we caDOO( accDltlltlOdate this ~"l. The fir!! re.u0ll for this cleWrmination i. that the$t individual. do DOl me<< tho definition or an eligible employe.. which i. IIIU-time working at leal! 30 hoon per week. Secondly. 0110....08 the CommisSlones to <Ieot ""verase ODd pIIy 100%ofth. premium would create an &dve,," nlk .e1ection facmr. which;' uOl acceptable to underwriting, If the Ci'" _0 to .~ to clast' Commissi era as cli ' 0 and contnDut:e tho '&I1l~ remiwn amoun .. amve employ.... I could ,csllbmrt YOl1"cqllCSl or 1.0 COlISt rallOn, Should you have any '1uelliont. pl.ase do not h...illlle to coutaet m.. g'