LTC 053-2020 WILTON MANORS RESOLUTIONS 2020-009, 2020-010, AND 2020-011M IA M I BEACH
OFFICE OF THE CITY CLERK
No. 053-2020
LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Dan Gelber and Members of the City Commission
Rafael E. Granado, City Clerk 74
January 30, 2020
WILTON MANORS RESOLUTIONS 2020-009, 2020-01 O, AND 2020-011
Attached for your information are Resolutions Nos. 2020-009, 2020-01 O and 2020-011, adopted
by the Mayor and Commission of the City of Wilton Manors on January 28, 2020.
RESOLUTION NO. 2020-009
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA
URGING ALL MEMBERS OF FLORIDA LEGISLATURE TO OPPOSE SENATE BILL (SB) 1128
AND HOUSE BILL (HB) 1011, "VACATION RENTALS", PREEMPTING THE REGULATION OF
VACATION RENTALS TO THE STATE; PROHIBITING A LOCAL LAW, ORDINANCE, OR
REGULATION FROM ALLOWING OR REQUIRING INSPECTIONS OR LICENSING OF
VACATION RENTALS; DIRECTING CITY ADMINISTRATION TO TRANSMIT A COPY OF THIS
RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 2020-01 O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
SUPPORTING HOUSE BILL 41 AND SENATE BILL 180, BANNING CONVERSION THERAPY;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
RESOLUTION NO. 2020-011
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 1472
("SB 1472") "PUBLIC SAFETY COMMUNICATIONS SYSTEMS"; DIRECTING CITY
ADMINISTRATION TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
The City of Wilton Manors Clerk has requested that a copy of these resolutions be provided to
the Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachments
F:\CLER\$ALL\LILIA\L TC's - Transmittal's\Wilton Maners\Resolutions 2020-009 and 2020-010 and 2020-011 Wilton
Manors.docx
1 RESOLUTION NO. 2020-009
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF WILTON MAN ORS, FLORIDA URGING ALL MEMBERS
5 OF FLORIDA LEGISLA TURE TO OPPOSE SENATE BILL
6 (SB) 1128 AND HOUSE BILL (HB) 1011, "«VACATION
7 RENTALS", PREEMPTING THE REGULATION OF
8 VACATION RENT ALS TO THE STATE; PROHIBITING A
9 LOCAL LAW, ORDINANCE, OR REGULATION FROM
1 O ALLOWING OR REQUIRING INSPECTIONS OR LICENSING
11 OF VACATION RENT ALS ; DIRECTING CITY
12 ADMINISTRATION TO TRANSMIT A COPY OF THIS
13 RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING
14 FOR SEVERAB ILITY; AND PROVIDING AN EFFECTIVE
15 DATE.
16
17 WH EREAS, SB 1128 an d HB l O 11 wi ll preem pt to the state th e regu lation of
18 vacation rental s, un do loc al ordin an ce s ad opted sinc e 2014, an d pre em pt to the state
19 licens ure an d inspe ctions of short term rental s; an d
20 WHE REAS, SB 1128 an d HB 1011 wi ll pro hi bit a local law, ordinan ce, or
21 regul ation fr om allowi ng or requiring ins pec tions or lice nsing of vacation rental s; an d
22 WH EREAS, comm ercial activi ty in neighborhoods is regulated to protect
23 residents an d ensur e th e ap pro priate infras tru ctur e is in place; an d
24 WH EREAS, the Department of Business and Professional Regulation's Offi ce
25 of Ins pe ctor G ener al 2018 A udi t R eport fo und tha t th e agency has stru gg led to m eet its
26 own pe rfonn an ce stan dar ds fo r lod gi ng inspection m eas ur es an d wi ll contin ue to
27 stru gg le; an d
28 WH EREAS, un regulated short-term rental s m ak e the afforda ble housing crisis
29 w orse as hom es ar e turn ed into m ini-hotels, w hich reduce s th e availabili ty of long-term
30 re ntal s and ca uses a housing shortage fo r w orking people; an d
Page 1 of 3
(00352829.2 2976-9201291/
1 WHEREAS, Wilton Manors adopted Ordinance No. 2016-002 on February 23,
2 2016to regulate short-term and vacation rentals, to the extent of its authority under State
3 law, and defended its Ordinance in court; and
4 WHEREAS, the City Commission of the City of Wilton Manors believes the
5 City's continued regulation of short-term and vacation rentals, and its opposition to SB
6 1128 and HB lüll, best serves the interests of the public health, safety, and welfare of
7 the residents and businesses of the City and of the State of Florida.
8 NOW, THEREFORE, BE IT RESOL VED BY THE CITY COMMISSION
9 OF THE CITY OF WILTON MANORS, FLORIDA, THAT:
10 Section l. The foregoing "WHEREAS" clauses are hereby ratified and
11 confirmed as being true and correct and are incorporated herein by this reference.
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Section 2. The City Commission of the City of Wilton Manors urges all
members of the Florida Legislature and Governor DeSantis to oppose SB 1128 and HB
1 O 11 and any other similar legislation.
Section 3. The City Commission further directs City Administration to
transmit a copy of this Resolution to the Broward League of Cities, the Florida League
of Cities, the Broward County Legislative Delegation, the Palm Beach County League
of Cities, the Miami Dade County League of Cities, and any other interested parties.
Section 4. All Resolutions or parts of Resolutions in conflict herewith, be
and the same are repealed to the extent of such conflict.
Section 5. If any section, sentence, clause or phrase of this Resolution is held
to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Resolution.
(00352829.2 2976-9201291
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Section 6. This Resolution shall become effective imm ediately upon its
passage an d ad option.
PASSED AND ADOPTED BY THE CITY_ COMMISSION OF THE CITY OF
WILTON MANORS, FLORIDA, THIS ZS DAY OF JANUARY, 2020.
CITY OF WILTON MANORS, FLORIDA
By:. 2/9 Lagan
CORD OF COMMISSION VOTE
MAYOR FLIPPEN
VICE MAYOR GREEN
COMMISSIONER CARSON
COMMISSIONER RESNICK
COMMISSIONER ROLLI
I HEREBY CERTIFY that I have
lution.
C1TV OF WI LTON M AN ORS •
cöÜNrY ö BROWARD •
STATE OF FLORIDA '·-
1 HEREBY CERTIFY that the
sore+4%8g8A;wean4 2 é
correct copy of. iicL s
as filed in my office.
WITNESS my hand and official
seat in he cry ot_won Mano jY"
Broward~•~•. this Rt#Re e lerk
Page 3 of 3
{00 352829.2 2976-9201 291}
1 R ESO L UT IO N N O . 2020-0 10
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF WILTON MANORS, FLORIDA, SUPPORTING HOUSE
5 BILL 41 AND SENATE BILL 180, BANNING CONVERSION
6 THERAPY; DIRECTING THE CITY CLERK TO TRANSMIT
7 A COPY OF THIS RESOLUTION; PROVIDING FOR
8 CONFLICTS; PROVIDING FOR SEVERABILITY; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, House Bill 41 ("HB 41 ") an d Senate Bill 180 ("SB 180") have
12 been filed in the 2020 Florida Legislature that propose to ban a person who is licensed
13 to provide professional counseling or a practitioner who is licensed under provisions
14 regulating the practice of medicine, osteopathi c medicine, psychology, clinical social
I5 work, marr iage and fam ily therapy, or mental health counseling from practicing or
16 perform ing conversion therapy for an individual who is youn ger than 18; an d
17 WHEREAS, HB 41 and SB 180 propose to create s. 456.064, F.S., which,
18 am on g other things, defines the term "conversion therapy" as "any practice or
19 treatment perform ed with the goal of changing an individual's sexual orientation,
20 including but not limited to, efforts to change be havior, gender identity, or gender
21 expression, or to reduce or eliminate sexual or romantic attraction or feelings toward a
22 person of the sam e gender ..."; an d
23 WHEREAS, on September 13, 2016, the City of W ilton Manors enacted
24 Or dinan ce No. 2016-009 amendi ng Chapter 12 of the Code Ordinances of the City of
25 Wilton Manors, entitled "Miscellaneous Offenses" by creating Art icle IV, entitled
26 "Sexual Orientation or Gender Identity Chan ge Efforts," to prohibit licensed
27 professionals from engaging in coun seling efforts , practices or treatm ent with the goal to
28 change a minor's sexual orientation or gender identity ('Or dinan ce"); and
{00352343 1 2976-9201291} Page 1 of 5
1 WHEREAS, in the Ordinance the City Commission adopted the following
2 legislative findings ("legislative findings"):
3 WHEREAS, the American Psychiatric Association published a
4 position statement in December 1998 opposing any psychiatric
5 treatment, including reparative or conversion therapy, which therapy
6 regime is based upon the assumption that homosexuality per se is a
7 mental disorder or that a patient should change his or her homosexual
8 orientation; and
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10 WHEREAS, the American Psychological Association's Task
11 Force on Appropriate Therapeutic Responses to Sexual Orientation
12 ("APA Task Force") concluded that sexual orientation change efforts can
13 pose critical health risks to lesbian, gay, and bisexual people, including,
14 among other things, confusion, depression, social withdrawal,
15 suicidality, substance abuse, self-hatred, high-risk sexual behavior, and a
16 feeling of being dehumanized; and
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18 WHEREAS, following the report issued by the APA Task Force,
19 the American Psychological Association issued a resolution in 2009 on
20 Appropriate Affirmative Responses to Sexual Orientation Distress and
21 Change Efforts, advising parents, guardians, young people, and their
22 families to avoid sexual orientation change efforts that portray
23 homosexuality as a mental illness or developmental disorder and
24 encouraging psychotherapy, social support, and educational services that
25 provide accurate information on sexual orientation sand sexuality,
26 increased family and school support, and reduced rejection of sexual
27 minority youth; and
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29 WHEREAS, The American Academy of Child and Adolescent
30 Psychiatry published a statement in 2012 in its journal that "[g]iven that
31 there is no evidence that efforts to alter sexual orientation are effective,
32 beneficial or necessary, and the possibility that they carry the risk of
33 significant harm, such interventions are contraindicated"; and
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3 5 WHEREAS, the American Academy of Pediatrics, the American
36 Medical Association Council of Scientific Affairs, the National
37 Association of Social Workers, the American Counseling Association
38 Governing Council, The American School Counselor Association, and
39 the American Psychoanalytic Association have each asserted in reports
40 or position statements that sexual orientation change efforts, including
41 reparative therapy or conversion therapy, are not recommended and may
42 be hannful; and
43
(00352343.1 2976-9201291} Page 2 of 5
1 W H E RE A S , th e Pan A m erican H ealth Organ iza tion issued a
2 sta tem ent in 2012 th at "[t]hese supp osed conversion therapies constitute
3 a violation of th e ethical principles of health care an d violate hum an
4 ri ght s that ar e pro tected by intern ational an d regional agr eem ent s"; an d
5
6 WHEREAS, the Substan ce A buse an d M ental Heal th Serv ices
7 A dm inistr ation of th e U nited States Departm ent of Heal th an d Hum an
8 Serv ices issued a report in 2015 examin ing th e scientific literature on
9 conversion th erapy an d concl uded that "conversion th erap y - efforts to
1 O chan ge an individua l's sexual orientation, gender identity or gender
11 expression - is a practice th at is not suppo rted by credible evidence" an d
12 that "m ay put young people at risk of serious harm"; an d
13
14 WHEREAS, th e C ity of W ilton M an ors ("C ity") ha s a
15 com p elling interest in pro tecting th e physical an d psychological well-
16 be ing of m inors , incl uding lesbian , gay, bise xual , tran sgender an d
17 questioning youth , an d in pro tecting its mi nors agai nst expo sure to
18 serious harm s caused by sexual orientation an d gender identity chan ge
19 effort s; an d
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21 WHEREAS, th e C ity C om m ission hereby finds th at being
22 lesbian , gay, bisexual or tran sgender is not a diseas e, disorder, ill ness,
23 deficiency, or shortcom in g, an d that resear ch has dem onstrated sexua l
24 orienta tion an d gender identity chan ge effort s can pose critical health
25 ri sks to lesbian , gay bisexual , or tran sgender persons; an d
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27 WHEREAS, it is the desire of th e W ilton M an ors City
28 C om m ission to prohibit, wi th in the geogra phi c boun dari es of th e City,
29 th e use of sexual orientation or gender identity chan ge efforts wi th
30 m inors, incl uding repar ative an d conversion th erapy, which have bee n
31 dem on strat ed to be harm fu l to th e physical psychological well-be ing of
32 lesbian , gay bisexual, an d tran sgender persons; an d
33
34 WHEREAS, th e C ity C om m ission ratifies an d readopts th e legislative
3 5 fi ndings; an d
36 WHEREAS, on Jan uary 9, 2018, the B row ar d C ounty Com m ission adopted
37 an O rdinan ce prohibiting conversion therapy on mi nors by licensed practitioners; an d
38 WHEREAS, th e C ity C ommi ssion of th e C ity of W ilton M anors be lieves th e
39 ad option of H B 41 an d SB 180 w oul d be in th e be st interest s of th e residents an d
40 busines ses of th e C ity of W ilton M an ors an d th e State of Fl orida .
(00 352343 1 297 6-9201291} Page 3 of 5
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2 OF THE CITY OF WILTON MANORS, FLORIDA, TRAT:
3 Section 1. The foregoing "WHEREAS" clauses are hereby rati fied and
4 confirmed as being true and correct and are incorporated herein by this reference.
5 Section 2. The City Commission of the City of Wilton Manors urges all
6 members of the Florida House of Representatives, the Florida Senate, and the
7 Governor to support and enact HB 41 and SB 180 and any substantially similar
8 legislation.
9 Section 3. The City Commission further directs City Administration to
1 O transmit a copy of this Resolution to the Broward League of Cities, the Florida League of
11 Cities, the Broward County Legislative Delegation, the Palm Beach County League of
12 Cities, the Miami Dade County League of Cities, and any other interested parties.
13 Section 4. Al l Resolutions or parts of Resolutions in conflict herewith, be
14 and the sam e are repeal ed to the extent of such conflict
15 Section5. If any section, sentence, clause or phrase of this Resolution is held
16 to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
17 shall in no way affect the validity of the remaining portions of this Resolution.
18 Section$. This Resolution shall become effective immediately upon its
19 passag e and adoption.
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PASSED AND ADOPTED BY THE CITY COMMI SSION OF THE CITY OF
WILTON MANORS, FLORIDA, THIS 2D AY OF JANUARY, 2020.
CITY OF WILTON MANORS, FLORIDA
By:_ y 4 4{K2
CORD OF COMMISSION VOTE
MAYOR FLIPPEN
VICE MAYOR GREEN
COMMISSIONER CARSON
COMMISSIONER RESNICK
COMMISSIONER ROLLI
I HEREBY CERTIFY that I have
approved the form of this Resolution.
,ESQ.
CITY OF WILTON MANORS
COUNTY OF BROWARD
STATE OF FLORIDA
1 HEREBY CERTIFY that the
above and foregoing is a true and
co«egt copy of ao.o,, Le 2zc- c.LU
as filed in my office.
WITNESS my hand and official
seal in the City of Wilton Manors, gt
Broward Couty, Florida, this s'
day ot 22C
1 !e
v C lerk
I
(00352343.1 2976-9201291) Page 5 of5
1 RESOLUTION NO. 2020-011
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 WILTON MANORS, FLORIDA, URGING ALL MEMBERS OF
5 THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 1472
6 (SB 1472") PUBLIC SAFETY COMMUNICATIONS SYSTEMS";;
7 DIRECTING CITY ADMINISTRATION TO TRANSMIT A COPY
8 OF THIS RESOLUTION; PROVIDING FOR CONFLICTS;
9 PROVIDING FOR SEVERABILITY; AND PROVIDING AN
1 O EFFECTIVE DA TE.
11 WHEREAS, SB 1472 authorizes the Governor to require the improvement of
12 inadequate communications systems or the specific placement of towers under certain
13 circumstances, and requires local government to reimburse the state for such costs
14 under certain circumstances; and
15 WHEREAS, SB 1472, as drafted, is vague and ambiguous and will result in
16 confusion and inconsistent application; and
17 WHEREAS, as provided for in Section 2(b), Article VIII of the Constitution of
18 the State of Florida it is the expressed will of the voters of Florida to have t¥ right to
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govern themselves under municipal Home Rule powers; and
WHEREAS, Floridians have possessed this constitutional ri
government for approximately 50 years; and
WHEREAS, as the only form of voluntary government,
are the embodiment of the Florida Constitution's right of local self-goverméft; and
WHEREAS, municipal Home Rule powers include/all governmeral, corporate
and proprietary powers necessary to conduct municipal góverment, perform nfánicipal
functions and render municipal services for the unique benefit of th¢ peoe who liv
and work within a municipality; and
(003.52885.3 1976-9201291} Page I of 5
l WHEREAS, Floridians exercise their Home Rule powers by voting to
2 incorporate and be governed under a municipal form of government for a variety of
3 reasons, including increased services, a unique business and residential environment,
4 and greater voice in how their government is run; and
5 WHEREAS, municipal citizens further exercise their Home Rule powers by
6 voting on a charter that specifies the desired form, functions and powers of their
7 municipal government; and
8 WHEREAS, Floridians' constitutional right to govern themselves locally, under
9 municipal Home Rule powers and pursuant to their adopted municipal charters, is being
I O increasingly eroded and limited by actions of the Florida Legislature; and
11 WHEREAS, these actions of the Florida Legislature take power away from
12 Florida citizens to ensure their chosen municipal government provides their desired
13 level of services, offers their desired quality of life and otherwise meets their needs in a
14 timely and effective manner; and
15 WHEREAS, municipal residents and local businesses pay local taxes,
16 assessments and fees for the specific purpose of obtaining and enhancing their desired
17 level of municipal services and amenities; and
18 WHEREAS, intrusion from the Florida Legislature into municipal finances
19 prohibits elected municipal leaders from meeting the expectations of their residents and
20 local businesses that local revenues will be used as intended; and
21 WHEREAS, the City of Wilton Manors is concerned with the negative impacts
22 unfunded state mandates have on the services provided by cities and with the fiscal
23 impacts they have on local taxpayers; and
400 3$288$.3 2976-9201291} Page 2 of 5
1 WHEREAS, an unfunded state mandate is generally defined as a state law
2 requiring a city to spend funds or to take an action requiring the expenditure of funds
3 without the state providing an adequate funding source; and
4 WHEREAS, unfunded state mandates continuously force cities to adjust local
5 service priorities and raise local taxes and fees to pay for such unfunded mandates; and
6 WH EREAS, cities are forced to pass the increased costs associated with
7 unfunded state mandates to the citizens and taxpayers of the city; and
8 WH EREAS, the priorities and programs of local citizens of cities are often
9 curtailed when limited local funds must be diverted to pay for unfunded state mandates;
10 and
11 WHEREAS, unfunded state mandates are not fair to local property owners or
12 elected city officials who are trying to address local priorities and problems with a
13 limited amount of financial resources; and
14 WHEREAS, prior to 1990 the state legislature passed hundreds of unfunded
15 state mandates on the cities; and
16 WHEREAS, the citizens of Florida passed a state constitutional amendment in
17 1990 to limit the ability of the state legislature to pass unfunded state mandates on the
18 cities (Article V II Section 18 Florida Constitution); and
19 WHEREAS, even with the 1990 state constitutional amendments to limit
20 unfunded state mandates the state legislature continues to pass unfunded mandates
21 under various exceptions to the law; and
22 WHEREAS, the City Commission of the City of Wilton Manors requests the
23 state legislature to make reasonable and responsible changes to current state laws to
{00 352885.3 2976-0201291, Page 3 of 5
l e lim in at e e x is tin g un fu n d e d sta te m a n d ate s o n c itie s, an d fu rth er req u e sts th e state
2 legislature to honor the intent of the 1990 state constitutional amendment restricting
3 unfunded state mandates and not pass any unfunded state mandates in the future; and
4 WHEREAS, the City Commission of the City of Wilton Manors believes the
5 opposition to SB 1472 is in the best interests of the residents and businesses of the City
6 and the State of Florida.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
8 OF THE CITY OF WILTON MANORS, FLORIDA, THAT:
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Section l. The above "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are incorporated herein by this reference.
Section 2. The City Commission of the City of Wilton Manors opposes and
urges all members of the Florida Legislature and the Governor to oppose SB 14 72 and
any other similar legislation.
Section 3. The City Commission of the City of Wilton Manors hereby
requests the Florida Legislature to make reasonable and responsible changes to current
laws to eliminate existing unfunded state mandates on cities.
Section 4. The City Commission of the City of Wilton Manors hereby
requests the Florida Legislature to honor the intent of the 1990 state constitutional
amendment restricting unfunded state mandates and not pass any unfunded state mandates
on cities in the future.
Section 5. The City Commission further directs City Administration to
transmit a copy of this Resolution to the Broward League of Cities, the Florida League of
(00352885 3 2976-9201291 Page4 of5
I Cities, the Broward County Legislative Delegation, the Palm Beach County League of
2 Cities, the Miami Dade County League of Cities and any other interested parties.
3 Section 6. All Resolutions or parts of Resolutions in conflict herewith, be
4 and the same are repealed to the extent of such conflict
5 Section 7. If any section, sentence, clause or phrase of this Resolution is
6 held to be invalid or unconstitutional by any court of competent jurisdiction, then said
7 holding shall in no way affect the validity of the remaining portions of this Resolution.
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Section 8. This Resolution shall become effective immediately upon its
passage and adoption.
P AS SE D A ND AD O PT E D BY T HE CITY CO MM ISSION OF TH E CITY O F
WILTON MANORS, FLORIDA, THI S DAY OF JANU ARY, 2020.
CITY OF WILTON MANORS, FLORIDA
B y:_ /" 't l 1- 2 % 1
CORD OF COMMISSION VOTE
MAYOR FLIPPEN
VICE MAYOR GREEN
COMMISSIONER CARSON
COMMISSIONER RESNICK
COMMISSIONER ROLLI
I HEREBY CERTIFY that I have
the form of this Resolution.
{00 3$288 5.3 29 76-920 129 1)
CITY OF WILTON MANORS
COUNTY OF BROWARD
STATE OF FLORIDA
I HEREBY CERTIFY that the
above and foregoing is a true and
CorreC{ CO O a
il
uo.M"'oo acèo~ ö"
ié . midi my office.
WITNESS my hand and official
seal ln the City of Wilton Manors, ~~~,r Broward Ççknty, Fionda, th1s ~_,,...-~_,¡.. _
day of lull4# O, 7
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