HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-1791
Temp. Reso. #11520
November 25, 2008
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R2008- /79
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE CITY OF TAMARAC
LEGISLATIVE AGENDA FOR THE 2009 LEGISLATIVE SESSION;
DIRECTING THE CITY CLERK TO SEND A COPY OF THE CITY
OF TAMARAC LEGISLATIVE AGENDA FOR THE 2009
LEGISLATIVE SESSION TO THE BROWARD COUNTY
LEGISLATIVE DELEGATION AND THE BROWARD COUNTY
BOARD OF COUNTY COMMISSIONERS FOR CONSIDERATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is located in Broward County, Florida ;
and
WHEREAS, the City of Tamarac takes an active role in commenting on
Federal, State, and local legislation that may affect the City of Tamarac and its
residents; and
WHEREAS, the City of Tamarac has developed a Legislative Agenda for
the 2009 Legislative Session outlining the City's position on particular legislative
issues; and
WHEREAS, the Assistant City Manager recommends that the City of
Tamarac Legislative Agenda for the 2009 Legislative Session (attached hereto
as "Exhibit A" and incorporated herein and made a specific part of) be forwarded
to the Broward County Legislative Delegation and the Broward County Board of
County Commissioners for consideration; and
Temp. Reso. #11520
November 25, 2008
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WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
approve the City of Tamarac Legislative Agenda for the 2009 Legislative Session
and forward a copy of the City of Tamarac Legislative Agenda for the 2009
Legislative Session to the Broward County Legislative Delegation and the
Broward County Board of County Commissioners for consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS' clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City of Tamarac Legislative Agenda for the 2009
Legislative Session (attached hereto as "Exhibit A" and incorporated herein and
made a specific part of) is hereby approved.
SECTION 3: The City Clerk of the City of Tamarac is hereby directed to
send a copy of the City of Tamarac Legislative Agenda for the 2009 Legislative
Session to the Broward County Legislative Delegation and the Broward County
Board of County Commissioners for consideration.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. #11520
November 25, 2008
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SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon
adoption.
Aar
PASSED, ADOPTED AND APPROVED this 17 day oflo/za� , 2008.
ATTEST:
MARION SWEN ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
...._SAMUEL S. GOREN
CITY ATTORNEY
1
&�Z"" �1_1
BETH FLANSBAU - ALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
Exhibit A
mmi
City of TamaracFlorida
. . . . . . . . . . . .... � ' 2009 Legislative Agenda
Beth Flansbaum-Talabisco, Mayor
Patricia Atkins -Grad, Vice Mayor
Diane Glasser, Commissioner
Pamela Bushnell, Commissioner
Harry Dressler, Commissioner
The City of Tamarac supports federal funding for local government efforts to address global climate change, including
full federal funding of the Energy Efficiency and Conservation Block Grant program.
Local governments have been and will continue to be at the forefront of the movement to address climate change. One-third
of greenhouse gas (GHG) emissions come from commercial and residential buildings. Local governments are uniquely suited
to create programs, incentives, and modify building codes to reduce energy use in buildings. Another third of GHG emissions
are from transportation. It is local government that oversees land use, transit, and transportation planning, all of which impact
the rate of future emissions. Preservation and restoration of the local, national, and global climate will immensely benefit from
federal support for local government efforts to address climate change. Funding mechanisms such as the Energy Efficiency
Block Grant (EECBG) program are well suited for local government.
The City of Tamarac supports the preservation of Home Rule and opposes legislation that seeks to diminish the powers
afforded to local government.
Home Rule is based upon the time tested premise that the government closest to the people is the authority best positioned to
serve the needs of the community. The right of the people to use a grassroots approach to determine public needs, public
purpose, and implement programs is an important democratic principal. Home Rule powers are conferred to local government
by the Florida Constitution and Florida Statutes. Maintaining the integrity of Home Rule, both administrative and fiscal, allows
local governments to develop and implement community based solutions to community based issues, an essential component
of good government.
The City of Tamarac supports legislation that provides support for local government efforts to provide open space,
green space, and recreational areas for residents; including, full funding of Florida Forever and the Florida Recreation
Development Assistance Program (FRDAP).
The abundance of areas where people can either engage in passive or active recreation has been shown to have a positive
impact on environmental health, individual health, and quality of life for cities throughout the State of Florida. There exists two
strong opposing forces in this arena, the quest to develop and expand the tax base and the desire to preserve and expand
open space. The State plays a tremendously positive role as it can subsidize the procurement and preservation of open
space, thereby making the aforementioned decision a much easier one for the community. Programs such as Florida Forever
and FRDAP are often first to be targeted when budget cuts must be made. However, programs like these have had a
profound impact throughout the State, preserving or allowing for the creation of shared space thus having an immeasurably
positive impact on communities.
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The City of Tamarac supports efforts that would force the State Legislature to meet a greater burden when electing to
pass unfunded mandates; specifically including initiatives from groups such as the Florida League of Cities (FLC) to
remove the two-thirds exception from Florida's Constitution.
Unfunded mandates are pervasive at every level of government. A large number of mandates have moderate costs in the
year of enactment; however, this obscures the cumulative costs of mandates as they are layered on top of one another year
after year. Unfunded mandates infringe upon Home Rule, lead to intergovernmental conflict, and obscure the connection
between the taxes people pay and the services they receive. In 1990, the State of Florida amended its Constitution in order to
mitigate the levying of unfunded mandates on local governments. Florida's Constitution states that local governments are not
obligated to adhere to laws requiring the expenditure of funds unless one of five burdens is met. Four of these include options
designed to either mitigate the cost of the impact at the local level or avoid a burden that would accrue solely at the local
level.
The fifth option provides that the law may be approved by a two-thirds vote of both houses of the Legislature. The two-thirds
vote is the option most commonly used by Legislators to overcome the Constitutional restriction on unfunded mandates. The
City of Tamarac supports efforts, including those initiated by the Florida League of Cities, to amend Article VII, Section 18 of
the Florida Constitution to eliminate the two-thirds vote option, which would provide a more specific burden be met prior to
passage of any law that impacts local revenues.
The City of Tamarac supports amending Chapter 316, Florida Statutes, to provide Counties with the authority to impose
a surcharge on traffic citations. The funds generated from this surcharge would allow for continued funding of Traffic
Magistrate Programs.
In a county with as large a population as Broward's, there are a very large number of traffic citations. Historically, the Broward
County Traffic Magistrate Program has served as an efficient and effective tool for handling the requisite court time that
comes from traffic citations. However, the State Legislature has cut funding for this program, which will result in traffic
citations having to be adjudicated through the circuit and county court systems. The redistribution of cases will negatively
impact individuals' right to a speedy trial, while also placing a significant strain on already limited courthouse resources.
An amending of Chapter 316, Florida Statutes, would allow counties throughout the State to impose a surcharge on traffic
citations. The funds generated from such a surcharge would be allocated toward the funding of traffic magistrate programs.
Any funds generated, in excess of those needed to fund the traffic magistrate program, would be used to fund the county
court system.
The City of Tamarac strongly supports any legislation that would allow for the preservation of traffic magistrate programs, as
well as any efforts by groups such as the Broward League of Cities to address the issue.
The City of Tamarac supports amending the Florida Constitution to require the Florida Legislature to operate under
the rules and provisions of the Sunshine Law.
Enacted in 1967, Florida's Government -in -the -Sunshine Law established a right of access to most meetings of boards,
commissions, and other governing bodies of state and local government agencies. Every public entity throughout the State is
obligated to fulfill the requirements set forth in the Sunshine Law. However, there exists one public body who is not subject to
Sunshine Laws - the Florida Legislature.
The Commission on Open Government Reform was created by Executive Order from Governor Charlie Crist on June 19,
2007, The Commission is tasked with reviewing, evaluating, and issuing recommendations regarding Florida's public records
and public meetings law. The group will present its findings to the Governor and Legislature on December 31, 2008.
The City of Tamarac supports all legislation and initiatives that result in government business being conducted in the open for
all to see, and supports the inclusion of the Florida Legislature as a Public body operating in the Sunshine.
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