LTC 208-2019 WILTON MANORS RESOLUTIONS 2019-025 AND 2019-028 MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 208-2019
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the Cit Commission
FROM: Rafael E. Granada, City Clerk. /
DATE: April 10, 2019
SUBJECT: WILTON MANORS RESOLUTIONS 2019-025 AND 2019-028
Attached for your information are Resolutions Nos. 2019-025 and 2019-028, adopted by the
Mayor and Commission of the City of Wilton Manors on March 26, 2019.
RESOLUTION NO. 2019-025
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA
SUPPORTING SENATE BILL 796 ("SB 796") AND HOUSE BILL 797 ("HB 797"); AN ACT
RELATING TO PUBLIC UTILITY STORM PROTECTION PLANS; DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 2019-028
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
URGING ALL MEMBERS OF CONGRESS TO SUPPORT THE EQUALITY ACT (H.R. 5),
BIPARTISAN LEGISLATION INTRODUCED IN THE U.S. HOUSE OF REPRESENTATIVES BY
SPEAKER NANCY PELOSI (D-CA), REPRESENTATIVE DAVID CICILLINE (D-RI), AND
REPRESENTATIVE BRIAN FITZPATRICK (R-PA) AND IN THE U.S. SENATE BY SENATOR
JEFF MERKLEY (D-OR), TAMMY BALDWIN (D-WI), AND SUSAN COLLINS (R-ME); TO
PROHIBIT DISCRIMINATION ON THE BASIS OF SEX, GENDER IDENTITY, SEXUAL
ORIENTATION, AND OTHER FORMS OF DISCRIMINATION; DIRECTING CITY
ADMINISTRATION TO TRANSMIT A CERTIFIED 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, THE NATIONAL LEAGUE OF CITIES, THE
U.S. CONGRESSIONAL LEGISLATIVE DELEGATION FOR FLORIDA AND ANY OTHER
INTERESTED PARTIES; 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 305.673.7411.
REG/Ic
Attachments
F:\CLER\$ALL\CILIA\LTC's-Transmittal's\Resolutions 2019-025 and Resolution 2019-028 Wilton Manors.docx
1 RESOLUTION NO. 2019-025
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF WILTON MANORS, FLORIDA SUPPORTING SENATE
5 BILL 796 ("SB 796") AND HOUSE BILL 797 ("JIB 797"); AN
6 ACT RELATING TO PUBLIC UTILITY STORM
7 PROTECTION PLANS; DIRECTING THE CITY CLERK TO
8 TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING
9 FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
10 PROVIDING AN EFFECTIVE DATE.
11 S
12 WHEREAS, during extreme weather conditions, high-winds can cause
13 vegetation and debris to blow into and damage electrical transmission and distribution
14 facilities,resulting in power outages;and
15 WHEREAS, it is in the public interest to promote overhead hardening of
16 electrical transmission and distribution facilities, the undergrounding of certain electrical
17 distribution lines, and vegetation management in this State;and
18 WHEREAS, SB 796 and HB 797 will require public utilities to submit to the
19 Public Service Commission ("PSC") for review and approval, a transmission and
20 distribution storm protection plan as part of the storm hardening plan required by the
21 PSC;and
22 WHEREAS, protecting and strengthening transmission and distribution electric
23 utility infrastructure from extreme weather conditions will reduce restoration costs and
24 outage times to customers and improve overall service reliability for customers; and
25 WHEREAS, the City Commission believes the support of SB 796 and HB 797
26 would be in the best interests of the residents and businesses of the City of Wilton
27 Manors, and the State of Florida.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
29 OF THE CITY OF WILTON MANORS,FLORIDA,THAT:
(00289694 1 2976-9201291} Page 1 of 3
{
1 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
2 confirmed as being true and correct and are incorporated herein by this reference.
3 Section 2. The City Commission of the City of Wilton Manors urges all
4 members of the Florida House of Representatives, the Florida Senate, and the
5 Governor to support and enact SB 796 and HB 797 and any substantially similar
•
6 legislation.
7 Section 3. The City Commission further directs City Administration to
8 transmit a copy of this Resolution to the Broward League of Cities,the Florida League of
9 Cities, the Broward County Legislative Delegation, the Palm Beach County League of
10 Cities,the Miami Dade County League of Cities, and any other interested parties.
11 Section 4. All Resolutions or parts of Resolutions in conflict herewith, be
12 and the same are repealed to the extent of such conflict.
13 Section 5. If any section, sentence,clause or phrase of this Resolution is held
14 to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
15 shall in no way affect the validity of the remaining portions of this Resolution.
16 Section 6. This Resolution shall become effective immediately upon its •
17 passage and adoption.
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100289694 12976-9201291) Page 2 of 3
1 PASSED AND ADOPTED BY THE my COMMISSION OF THE CITY OF
2 WILTON MANORS,FLORIDA,THIS ?t ' AY OF MARCH,2019.
3
4 CITY OF WILTON MANORS,FLORIDA
.t,
5
6I -4.
S STIN S. FLIP'EN ¶AYOR
10 A EST- / RECORD OF COMMISSION VOTE
I I
12 — itd- l' MAYOR FLIPPEN
13 LO * : ' � VICE MAYOR GREEN
14 CITY RK COMMISSIONER CARSON
15 COMMISSIONER RESNICK lAtf-
16 COMMISSIONER ROLLICl*
17 1 HEREBY CERTIFY that I have
18 approved the form of this Resolution.
19
20 411P
21
l 22 %."fr . + / ' ,L, ESQ•
23 CIT / A I ORNEY •
24
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CITY OF WILTON MANORS
COUNTY OF BROWARD
STATE OF FLORIDA
I HEREBY CERTIFY that t •
above and foregoing is a true and
correct copy of
as filed in my office.
WITNESS my hand and official
seal in the City of Wilton Manors,
Broward punt ,Florida,this
day of ,: eaj 21 \'
v1"41 )01
'►,-, Cl•rk
0020604 1 2976-92012911 Page 3 of 3
l RESOLUTION NO. 2019-028
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF WILTON MANORS, FLORIDA, URGING ALL MEMBERS
5 OF CONGRESS TO SUPPORT THE EQUALITY ACT (H.R. 5),
b BIPARTISAN LEGISLATION INTRODUCED IN THE U.S.
7 HOUSE OF REPRESENTATIVES BY SPEAKER NANCY PELOSI
(D-CA), REPRESENTATIVE DAVID CICILLINE (D-RI), AND
9 REPRESENTATIVE BRIAN FITZPATRICK (R-PA) AND IN THE
10 U.S. SENATE BY SENATOR JEFF MERKLEY (D-OR), TAMMY
11 BALDWIN (D-WI), AND SUSAN COLLINS (R-ME); TO
12 PROHIBIT DISCRIMINATION ON THE BASIS OF SEX,
13 GENDER IDENTITY, SEXUAL ORIENTATION, AND OTHER
14 FORMS OF DISCRIMINATION; DIRECTING CITY
15 ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF
16 THIS RESOLUTION TO THE BROWARD LEAGUE OF CITIES,
17 THE FLORIDA LEAGUE OF CITIES, THE BROWARD
18 COUNTY LEGISLATIVE DELEGATION, THE PALM BEACH
19 COUNTY LEAGUE OF CITIES, THE MIAMI DADE COUNTY
20 LEAGUE OF CITIES, THE NATIONAL LEAGUE OF CITIES,
21 THE U.S. CONGRESSIONAL LEGISLATIVE DELEGATION
22 FOR FLORIDA AND ANY OTHER INTERESTED PARTIES;
23 PROVIDING FOR CONFLICTS; PROVIDING FOR
24 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
25
26 WHEREAS, discrimination can occur on the basis of the sex, sexual orientation,
27 gender identity, or pregnancy, childbirth, or a related medical condition of an
28 individual, as well as because of sex-based stereotypes. Each of these factors alone can
}
29 serve as the basis for discrimination, and each is a form of sex discrimination; and
30 WHEREAS, a single instance of discrimination may have more than one basis.
31 For example, discrimination against a married same-sex couple could be based on the
32 sex stereotype that marriage should only be between heterosexual couples, the sexual
33 orientation of the two individuals in the couple, or both. Discrimination against a
34 pregnant lesbian could be based on her sex, her sexual orientation, her pregnancy, or on
35 the basis of multiple factors; and
(00289712.1 2976-42012911 Page 1 of 6
1 WHEREAS, lesbian, gay, bisexual, and transgender ("LGBT") people commonly
2 experience discrimination in securing access to public accommodations including
3 restaurants, stores, places of or establishments that provide entertainment, and
4 transportation. Forms of discrimination include the exclusion and denial of entry,
5 unequal or unfair treatment, harassment, and violence. This discrimination prevents the
full participation of LGBT+ people in society and disrupts the free flow of commerce;
7 and
8
WHEREAS, women also face discrimination in establishments such as stores and
9 restaurants, and places or establishments that provide other goods or services, such as
10 entertainment or transportation, including sexual harassment, differential pricing, and
11 denial of services because they are pregnant or breastfeeding; and
12 WHEREAS, regular and ongoing discrimination against LGBT+ people, as well
13 as women, in accessing public accommodations contributes to negative social and
14 economic outcomes; and
15 WHEREAS, both LGBT+ people and women face widespread discrimination in
16 employment and various services, including by entities that receive Federal financial
17 assistance. Such discrimination is particularly troubling and inappropriate for programs
18 and services funded wholly or in part by the Federal Government as it undermines
19 national progress toward equal treatment regardless of sex, sexual orientation, or gender
20 identity, and is inconsistent with the constitutional principle of equal protection under
21 the Fourteenth Amendment of the Constitution of the United States; and
22
(00289732.1 2976-9201291) Page 2 of 6
1 WHEREAS, workers who are LGBT+, or are perceived to be LGBT+, have been
2 subjected to a history and pattern of persistent, widespread, and pervasive
3 discrimination on the bases of sexual orientation and gender identity by private sector
4 employers and Federal, State, and local government employers; and
5 WHEREAS, numerous provisions of Federal law expressly prohibit
6 discrimination on the basis of sex, and Federal agencies and courts have correctly
7 interpreted these prohibitions on sex discrimination to include discrimination based on
8 sexual orientation, gender identity, and sex stereotypes; and
9 WHEREAS, the absence of explicit prohibitions of discrimination on the basis of
10 sexual orientation and gender identity under Federal statutory law, as well as some
11 conflicting case law on how broadly sex discrimination provisions apply, has created
12 uncertainty employers for and other entities covered by these laws. This lack of clear
13 coverage also causes unnecessary hardships for LGBT+ people; and
14 WHEREAS, LGBT+ people often face discrimination when seeking to rent or
15 purchase housing, as well as in every other aspect of obtaining and maintaining
16 housing. LGBT+people in same-sex relationships are often discriminated against when
17 two names associated with one gender appear on a housing application, and transgender
18 people often encounter discrimination when credit checks or inquiries reveal a former
19 name; and
20 WHEREAS, the Equality Act (HR 5), currently and historically has been
21 sponsored by 240 U.S. Representatives and 47 U.S. Senators, would protect LGBT+
22 and gender nonconforming people based on their actual or perceived sexual orientation
23 or gender identity from discrimination in employment, housing, education, credit,
i00289732 I 2476.4201701) Page 3 of 6
1 public accommodations, jury service, and Federally funded programs. It also updates
the law to add protections against discrimination on the basis of sex where those
3 protections are not already in existing law. It includes protections for those who
4 associate with others who are targets of unlawful discrimination such as children of
5 LGBT+people; and
WHEREAS, the Equality Act (HR 5) is legislation that promotes fairness and
7 modernizes Federal law by banning anti-gay and gender-based discrimination; and
8 WHEREAS, the link between strong anti-discrimination laws and the ability to
9 draw the best and the brightest is the reason that 84 percent of the nation's largest
10 companies have adopted comprehensive anti-discrimination policies that include sexual
11 orientation and gender identity; and
12 WHEREAS,passing this law will be one more tool to ensure that all people are
•
13 treated fairly and equally; and
14 WHEREAS, Wilton Manors Mayor Justin Flippen is a member of Mayor's
15 Against LGBTQ Discrimination, a bipartisan coalition of 334 municipal leaders from
16 48 States and the District of Columbia, dedicated to securing inclusive
17 nondiscrimination protections for all, including lesbian, gay, bisexual, and transgender
18 individuals, at all levels of government,which the Equality Act clearly addresses; and
19 WHEREAS, Wilton Manors Vice Mayor Tom Green currently serves as
20 president of the National League of Cities Lesbian, Gay, Bisexual, Transgender Local
21 Officials (LGBTO) constituency group that focuses on ways to address policies,
22 legislation, and discrimination impacting the LGBT+community; and
23 WHEREAS,the City Commission believes the adoption of The Equality Act (HR
f 00289732 1 2976-92412911 Page 4 of 6
1
1 5) would be in the best interests of the residents and businesses of the City of Wilton
2 Manors and the State of Florida.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
4 OF THE CITY OF WILTON MANORS,FLORIDA,THAT:
5 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are incorporated herein by this reference.
7 Section 2. The City Commission of the City of Wilton Manors urges all •
8 members of Congress to support the adoption of the Equality Act (HR 5) and any other
9 similar legislation.
10 Section 3. The City Commission mer directs City Administration to
11 transmit a certified copy of this Resolution to the Broward League of Cities, the Florida
12 League of Cities, the Broward County Legislative Delegation, the Palm Beach County
13 League of Cities, the Miami Dade County League of Cities, the National League of Cities,
14 the U.S. Congressional Legislative Delegation for Florida and any other interested parties.
15 Section 4. All Resolutions or parts of Resolutions in conflict herewith, be and
16 the same are repealed to the extent of such conflict.
17 Section 5. If any section, sentence, clause or phrase of this Resolution is held
18 to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
19 shall in no way affect the validity of the remaining portions of this Resolution.
20 Section 6. This Resolution shall become effective immediately upon its
21 passage and adoption.
22
23 (Intentionally left blank)
f 0028473 1 2976-92012911 Page 5 of 6
1 PASSED AND ADOPTED BY THE CITf COMMISSION OF THE CITY OF
2 WILTON MANORS,FLORIDA,THISc; AY OF MARCH,2019.
3 •
4 CITY OF WILTON MANORS,FLORIDA
5
6 ,
7 By: ... AAI...
8 .TIN S. FLIPPEN, r. YOR
Ir
9
10 ATT l T: - • CORD OF COMMISSION VOTE
11 • 44
12 freni4 MAYOR FLIPPEN Ad
13 F ITH �!' O VICE MAYOR GREEN 44T
14 CITY CLERK COMMISSIONER CARSON # 'P
•
15 COMMISSIONER RESNICK :ii"
16 COMMISSIONER ROLL)
17
18 I HEREBY CERTIFY that I have
•
19 approved the form of this Resolution.
20
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23 "4' Y /EZRO ,ESQ.
24 Alf TTORNEY
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_CITY OF WILTON MANORS
^OLUNTY OF BROWARD
STATE OF FLORIDA
HEREBY CERTIFY that the
above and foregoing is a true and
carr• t copy of
• 11. 11111i MCKIR.I1 VIEW:
as filed in my office.
WITNESS my hand and official
seal in the City of Wilton Manors,
Broward Co rptY, Florida this
day
of ' 20 "
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dit� ► 1$ I
City e k
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