DUITHE PASI  BygPluh OPasadena  7047 SUNSET DRIVE SOUTH SOUTH PASADENA, FLORIDA33707 PH: (727) 347-4171 FAX: (727)345-0518 WWW.MYSOUTHPASADENA.COM  LACEIN corporated  AGENDA  ADMINISTRATIVE WORKSHOP SOUTH PASADENA, FLORIDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL  TUESDAY, SEPTEMBER 18, 2018 COMMISSION CHAMBERS 9:00 A.M.  DISCUSSION ITEMS  Permit Fee Increase Pinellas Safe Harbor Request Neighborly Care Network Firearms and Ammunition  Preemption Related to the Regulation of  ADJOURN  Brianna Wetherwax, Deputy City 16 MAAAE  This meeting is open to the public. Ordinances may be inspected by the public in the office of the City Clerk at City Hall from 8:00 a.m. to 4:00 p.m. Monday through Friday with the exception of holidays. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the The City of South Pasadena is committed to providing reasonable accommodation for access for the disabled. In accordance with the Americans with Disabilities Act and F.S. 286.26, anyone needing assistance with regard to this meeting should contact the City Clerk's Office in writing at least 48 hours prior to the meeting. For more information or  appeal is to be based.  assistance please contact the City Clerk's office at 727-347-4171.    Pinellas County Sheriff's Office 10750 Ulmerton Road Largo, FL33778-1703 (727)582-6200 www.pesoweb.com  Contracts Invoice  SOUTH PASADENA, CITY OF ATTENTION: ACCOUNTSI PAYABLE 7047 SUNSET! DRIVE: SOUTH SOUTHI PASADENA FL33707  Customer. Number 683  Bill Date 09/05/2018  Invoice Number 629142  Description  Quantity  Unit Price  Totall Price $2,000.00 $2,000.00  Donation to Safe Harbor Project for FY18 For billingi inquiries please contact the following: Contracts- Karen Brown (727)582-6383 CMIcHpé.stan Bulletin Board:  TOTALAMOUNT DUEUPON RECEIPT  RETAIN THIS PORTION! FOR YOUR RECORDS  PAYMENT METHODS  RETURN' THIS PORTION OFI BILLI WITHPAYMENT. DOI NOTS SEND CASH.  Check made payable to: Pinellas County Sheriff's Office *Money Order made payable to: Pinellas County Sheriff's Office  Customer Number 683 INVOICENUMBER TOTALAMOUNT DUE UPON RECEIPT PAYMENT. AMOUNT! ENCLOSED  629142 $2,000.00  Please remit full payment oft this bill upon receipt.  SOUTHI PASADENA, CITY OF ATTENTION: ACCOUNTS! PAYABLE 7047 SUNSETI DRIVE SOUTH SOUTHPASADENAI FL33707 lualalualluhuallul  Pinellas County Sherif's Office ATTN: Fiscal- Contracts P.O. Drawer 2500 LARGOFL33779-2500 alulanlalimhahahalllaulauliullaulal    RESOLUTION 18-23  AF RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DUNEDIN, FLORIDA, AUTHORIZING AND DIRECTING THE INTERVENTION INTO A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID; WHEREAS, over the past several years there have been an unprecedented number of mass shootings in American communities including, most recently, at Marjory Stoneman Douglas High School in Parkland, Florida; WHEREAS, National and State leaders continue toi fail to act to implement sensible gun law reforms that are supported by a majority of the nation; and WHEREAS, in Section 790.33, Florida Statutes, the State of Florida (a) declared that it is occupying the whole field of regulation of firearms and ammunition, to the exclusion of all existing and future county or city ordinances, regulations, or rules, (b) purports to prohibit the enactment of any future ordinances or regulations "relating to firearms," and (c) also purports to create potential liability for damages for actions other than ordinances and regulations, including any "measure, directive, rule, enactment, order, or policy promulgated  AND PROVIDING FOR AN EFFECTIVE DATE.  and  or caused to be enforced"; and  WHEREAS, the purported preemption, by using the terms "relating to firearms" and "any measure, directive, rule, enactment, order or policy promulgated," is extremely broad and vague, and could apply to a panoply of measures that the City would like to consider enacting, including the restricting of guns in City facilities and parks, the placing of signs relating to guns in City facilities and parks, or the creating of "gun free zones" or "gun safe zones"; and WHEREAS, the potential violation of the broad and vague preemption of firearm regulation in Section 790.33, Florida Statutes, carries the risk of onerous and punitive consequences, including but not limited to damages up to $100,000 and fines up to $5,000 (for which the official may be personally liable), removal from office by the Governor without due process of law, and a prohibition of the use of public funds to pay or reimburse the official for fines, damages or defense  costs (collectively, the "Onerous Preemption Penalties"); and    WHEREAS, as a result of the Onerous Preemption Penalties, the City Commission and its members fear taking any steps that could even remotely be viewed as a violation of the preemption, creating a chilling effect upon City action and preventing the City Commission from responding to the petitions and requests of the City's residents to do something to protect against the dangers of  firearms; and  WHEREAS, the City Commission and its members desire to consider various reasonable measures related to firearms, including the restriction of guns in City facilities and parks, the placing of signs related to guns in City facilities and parks, the creation of "gun free zones" or "gun safe zones," or other measures related to guns, but have refrained from doing sO because they could possibly be viewed as falling under the preemption and be subjected to the  Onerous Preemption Penalties; and  WHEREAS, the Onerous Preemption Penalties strike at the core of the American system of democratic representation: they suppress, in an insidious, Orwellian fashion, the voice of the local electorate through intimidation of local WHEREAS, the Onerous Preemption Penalties infringe on the free speech rights of the City Commission and its members, and interfere with their WHEREAS, the Onerous Preemption Penalties infringe upon the legislative immunity the members of the City Commission enjoy under law when WHEREAS, the portion of the Onerous Preemption Penalties related to the removal from office by the Governor conflicts with Article 4, Section 7 of the Florida Constitution, by allowing the Governor to remove a municipal official who has not been indicted for any crime, and violates due process; and  elected officials; and  ability to perform their official duties; and  casting votes ini their official capacities; and  WHEREAS, on February 26, 2018, the City of Weston passed Resolution 2018-30, authorizing and directing its City Attorney (Weiss Serota Helfman Cole & Bierman, the "Firm") to file a lawsuit seeking a declaration that the provisions punishing elected officials set forth in Section 790.33, Florida Statutes, for violating the preemption related to the regulation of firearms and ammunition, as well as related provisions, are invalid, and invited other local governments toj join WHEREAS, on April 2, 2018, a lawsuit was filed with ten municipalities and thirty one elected officials as plaintiffs, in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, Case No. 2018 CA 0000699 (the  the lawsuit; and  "Lawsuit);and  WHEREAS, the City desires to join the Lawsuit and invite other local  governments toj join also; and Resolution 18-23 Page 20 of4    WHEREAS, the City Commission believes it is in the best interest of the citizens and residents of the City to file a lawsuit seeking a declaration that the Onerous Preemption Penalties are invalid and urging other local governments to NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DUNEDIN, FLORIDA, IN SESSION DULY ASSEMBLED: Section 1. That the foregoing WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this  join the lawsuit as plaintiffs with the City.  Resolution.  Section 2. The City Commission hereby authorizes and directs the City and those individual Members of the Commission (in their official capacity) who choose to participate, to move to intervene in the Lawsuit as plaintiffs, seeking declaratory and other appropriate relief to challenge the Onerous Preemption Penalties contained in Section 790.33, Florida Statutes, and related provisions, based upon any appropriate legal theories, including those set forth above and Section 3. The Firm is hereby retained to represent the City in this litigation. The Firm will charge the City a flat fee of $10,000 to represent the City and the individual Members of the Commission (in their official capacity) who choose to participate as plaintiffs, for the litigation, including all appeals. Ifmore than 15 cities choose to have the Firm represent them, the flat fee will be reduced by 1% for each city over 15 up to a maximum reduction of 25% (which would lower the fee to $7,500 if4 40 or more cities have the Firm represent them), and refund any amounts paid in excess of the flat fee. The City also acknowledges that the Firm will be representing other local governments and officials in this lawsuit and waives any conflicts related to such representation. The Firm's retention is subject to execution of a retainer agreement between the City and the Firm consistent with the terms set forth herein and which addresses  those included in the complaint filed in the Lawsuit.  any conflict ofi interest waivers.  Section 4. The City Commission invites and urges other local governments and elected officials to join the City as plaintiffs ini the lawsuit and to  coordinate their efforts with the City. local governments in Pinellas County.  Section 5. The City Clerk is directed to distribute this Resolution to all Section 6. That the appropriate City Officials are hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 7. That this Resolution shall take effect immediately upon  adoption.  Resolution 18-23 Page 3 of4    PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY  OF DUNEDIN, FLORIDA, THI 6th day of September, 2018.  JU  bh  Julie Ward Bujalski Mayor  ATTEST:  h, DEHSe - M. Kirkpatrick City Clerk  ukye  Resolution 18-23 Page 4 of4