2014-0619 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 10S. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Settlement Agreement and Mutual General Release Attached Hereto as Exhibit"A"for Settlement in the Lawsuit Styled"Caridad Martinez V.City of Sunny Isles Beach,Case No.: 14-20469-Civ-Williams/Simonton" Pending Before the U.S. District Court for the Southern District of Florida;Authorizing the City to Pay Reasonable Attorney's Fees and Costs Associated with the Case;Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Item distributed prior to the meeting. See additional action under Item 4A.J City Clerk Hines read the title,and City Attorney Ottinot reported his office was able to negotiate a reasonable settlement. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2260 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Add-On: Discussion regarding the Policy on Campaigning on City-Owned Property and/or at City Events. Action: Commissioner Gatto said she had asked the City Attorney to provide to us the City's policy regarding campaigning on City-owned property and/or at City events. She attended the City's Anniversary Party on Sunday, and when she got back to her car, which was parked on City property, there was a campaign piece on her windshield from Mr. Thaler, and she is not singling him out because there was a judge there campaigning as well. That is fine however she remembers from four(4) years ago she was told that we were not permitted to do so, and she remembers from two (2) years ago being in Heritage Park and staff had to ask the gentleman to leave the Park because he was soliciting signatures to become a candidate. She just wants to know what the rules and regulations are because it is an interesting year this year, Commissioner Scholl is a candidate for Mayor, and we have two Commissioners, one is herself,that are most likely going to be running for re-election. She thinks it is important to get straight up on what exactly we can and cannot do. Also, she does not like the idea of having our community come to a fun event and get blindsided by campaign pieces. City Manager Ottinot said this issue has been brought to his attention a number of times,and this is probably his third or fourth election cycle. He has been pretty consistent, first of all, under the United States Constitution it protects the candidates with respect to the right to distribute campaign literature in public parks, city events, etc. The law is pretty clear in this district. It is federal law through the Supreme Court that you can distribute literature, and the legal term that the court used to describe a Park is "a traditional public forum". By the fact that it is a traditional public forum,you can distribute literature and that is the law. When you 15