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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-259I 1 Temp. Reso # 10281 October 28, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-r 6'' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE CITY OF TAMARAC LEGISLATIVE AGENDA FOR THE 2004 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO SEND A COPY OF THE CITY OF TAMARAC LEGISLATIVE AGENDA FOR THE 2004 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 FOR 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 2004 Legislative Session outlining the City's position on particular legislative issues; and WHEREAS, the City Manager recommends that the City of Tamarac Legislative Agenda for the 2004 Legislative Session be forwarded to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration; and Temp. Reso # 10281 October 28, 2003 Page 2 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 2004 Legislative Session and forward a copy of the City of Tamarac Legislative Agenda for the 2004 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: SECTION 1: That 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: That the City of Tamarac Legislative Agenda for the 2004 Legislative Session (attached hereto as "Exhibit A") is hereby approved. SECTION 3: That the City Clerk of the City of Tamarac is hereby directed to send a copy of the City of Tamarac Legislative Agenda for the 2004 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. u 1 1 1 Temp. Reso # 10281 October 28, 2003 Page 3 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 its passage and adoption. PASSED, ADOPTED AND APPROVED this 121h day of November, 2003. ATTEST: )) 1,I _ % �MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S`.--DRAFT CITY ATTORNEY JOE SCHREIBER Mayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER �- DIST 2: COMM. FLAN SBAUM-TALABISC0 2�• DIST 3: COMM. SULTANOF -t4r-', DIST 4: V/M ROBERTS Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports amending Section 119.07(3)(i)1, Florida Statutes, to extend exemption from public record the home address, telephone number, and photograph of all public employees. Currently, Section 119.07 (3)(i)1, Florida Statutes, provides for an exemption from public record the home address, telephone number, and photograph of several classes of public employees, including: active or former law enforcement personnel; personnel of the Department of Children and Family Services whose duties include the investigation of abuse, neglect, exploitation, fraud, theft or other criminal activities; personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect; personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement; justices, judges, and state attorneys; firefighters; current or former code enforcement officers; and certain current or former human resource personnel of any local government agency whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel -related duties. These exemptions are to provide an added protection for several groups of public employees due to the sensitive nature of their positions in dealing with citizens of the State of Florida. This exemption is also extended to the spouses of such covered employees, as well as to the name and locations of schools and daycare facilities attended by the children of such covered employees. The City of Tamarac supports extending this exemption to cover all employees. All public employees make decisions on a daily basis that affect the lives of others. The outcomes of those decisions could lead the affected parties to seek retribution against the employees making those decisions. In the battle between the right to information versus the right to privacy, there is no public purpose in releasing information such as the home address, telephone number, and photograph of any public employee. The City of Tamarac further supports extending this exemption to the spouses of public employees, as well as to the name and location of schools or daycare facilities attended by the children of these employees. Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports enacting legislation to prohibit the possession of weapons and firearms in public buildings. Currently, Section 790.115, Florida Statutes, prohibits the possession or discharge of weapons at school -sponsored events or on school property. This statute was enacted for the protection of school children, teachers, and administrators. The City of Tamarac supports legislation to prohibit the possession of weapons or firearms in any public building. Like schools, public buildings serve the citizens of the State of Florida, by and through its employees. Additionally, many programs offered in public buildings are designed for the same children offered protection under Section 790.115, Florida Statutes. The enactment of legislation prohibiting the possession of weapons and firearms in public buildings would extend the same protection to all public employees and those citizens utilizing public services in such buildings, as well as reduce ambiguity that may occur when school functions are held in public buildings other than schools. An exemption should be provided for law enforcement and certified security service providers. Legislation achieving this result was considered during the 2000 Legislative Session. If passed, House Bill 501 and Senate Bill 756 would have enhanced a municipality's authority to regulate the possession of firearms on public property and by public employees during work hours. House Bill 501 was withdrawn, and Senate Bill 756 died in committee. 2 Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports legislation limiting the passage of Federal and State unfunded mandates. National and state legislation and unfunded mandates require action on the part of local governments while often no funding is made available or provided to pay for these mandates. While Tamarac has taken and will continue taking steps to comply with unfunded mandates, these actions have -a substantial impact upon the City's budget. The City of Tamarac opposes legislation that would impose unfunded mandates on Tamarac without the state providing those resources necessary to fulfill those mandates. 3 Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports legislation amending Section 59 of transportation bill CS/SB 676 to protect municipal authority. Currently, Section 59 of CS/SB 676 exempts any existing or future transportation project or facility on the State Highway System from any local government ordinance or regulation. It states: "Notwithstanding any general law or special act, regulations of any county, municipality, or special district, including any instrumentality thereof, shall not apply to existing or future transportation facilities, or appurtenances thereto, on the State Highway System." Tamarac supports amending the statute's language to protect local municipalities. This would preclude the statute from overriding a municipality's right to enforce ordinances/regulations that are not in direct conflict with traffic design requirements. 4 Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports legislation providing for the use of traffic infraction detectors and the issuance of citations for the automated enforcement of red light violations. At present time there are no statutes regulating automated traffic infraction detectors in the state of Florida. During the 2003 legislative session, HB 337, the "Red Light Safety Act," was pre -filed; however, this bill addressing the use of traffic infraction detectors was withdrawn prior to being introduced. Concerned with the high incidence of red light violations, the City of Tamarac supports legislation that will allow municipalities, at their discretion, to install cameras at intersections to monitor red light violations and to issue citations for those violations recorded with this equipment. 5 Exhibit A Temp. Reso 410281 The City of Tamarac, Florida, supports continued funding of conservation programs such as Florida Forever, and continued funding of recreation programs such as the Florida Boating Improvement Program and the Florida Inland Navigation Districts (FIND). The Florida Forever program is Florida's newest blueprint for conservation of our unique natural resources. It encompasses a wide range of goals, including: restoration of damaged environmental systems, water resource development and supply, increased public access, public lands management and maintenance, and increased protection of land by acquisition of conservation easements. The Department of Environmental Protection receives about $105 million annually from the sale of Florida Forever bonds. The City of Tamarac supports the continued funding of Florida Forever through the issuance of the fourth series of bonds, with the full $300 million for the continued protection of our state's land and water sources. Tamarac specifically supports the $66 million annual funding for the Florida Communities Trust program, which provides grants to local governments for acquisition of community -based parks, open space and greenways that further outdoor recreation and natural resource protection needs identified in local government comprehensive plans. The City of Tamarac also supports appropriations for programs supporting marine recreation opportunities, including the Florida Boating Improvement Program and the Florida Inland Navigation Districts (FIND). The Florida Boating Improvement Program funds the direct costs of projects for recreational channel marking, public launching facilities, aquatic plant control and other local boating - related activities that are directly related and necessary to recreational boating. FIND is a Special State Taxing District for the continued management and maintenance of the Atlantic Intracoastal Waterway. It provides all lands required for the navigation project including rights of way and lands for the management of dredged materials removed from the waterway channel during dredging activities. 0 Exhibit A Temp. Reso 410281 The City of Tamarac, Florida, supports increasing the level of funding for the Florida Recreation Development Assistance Program (FRDAP), and supports keeping FRDAP intact within the Division of Recreation and Parks in the Department of Environmental Protection. The City of Tamarac supports funding FRDAP at the statutory recommended level of $12,740,000 in Fiscal Year 04-05. FRDAP funds are utilized by local governments to acquire lands, develop appropriate recreational amenities, and construct trails for recreational use. These elements enhance the quality of life of citizens in Tamarac. The City of Tamarac also supports keeping FRDAP within the Division of Recreation and Parks in the Department of Recreation and Parks. FRDAP has been housed within the Division since its inception in 1972, and this structure has provided for the consolidation of resources, particularly that of technical assistance, grant administration, local government parks and recreation operations, and general administration of the FRDAP program. The program as it is currently administered under the Division of Recreation and Parks is both efficient and effective, and moving it will provide no added convenience to applicants. VA Exhibit A Temp. Reso #10281 The City of Tamarac, Florida, supports the inclusion by the State Legislature of parks and recreation programs and providers in the funding beneficiary list, the list of those eligible to receive state tobacco prevention dollars, and the State Prevention Formula. The funding beneficiary list, the list of those eligible to receive tobacco prevention dollars, and the State Prevention Formula all currently allot funding to prevention programs and organizations that tend to be health oriented - public health agencies, schools, and the Department of Juvenile Justice. Parks and recreation programs and providers are not included in these lists, and the City of Tamarac supports their inclusion. Tamarac supports the concept of "recreation as prevention." Recreation as prevention is cost effective, and the rate of juvenile delinquency often diminishes in communities where quality recreation services are available. Studies prove that prevention and intervention programs direct children and youth into positive lifestyles and cost far less than incarceration, where youths often emerge as more proficient criminals. In the long run, public investment in after -school and summer day camp programs, as well as facilities to provide urban respite and wellness, will save the state and local communities money as well as lost human potential. 8 Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports the protection of staff, volunteers, and participants of parks and recreation programs and events through screening programs, public records law amendments, and notification to public parks and recreation agencies of the release and relocation of sexual predators and offenders. Tens of thousands of individuals volunteer to serve as youth sports coaches each year. Rising incidences of child abuse in youth sports calls for elected officials to take the appropriate steps to assist and support parks and recreation professionals in preventing such occurrences in Tamarac. The City of Tamarac supports programs which take every step necessary to assure that the volunteers coaching on public lands and facilities have been properly checked through appropriate screening processes. Public records laws require that information regarding participants in parks and recreation programs be released upon the request of any member of the public. This information released can include name, address, phone number, age, sex, school attended, clothing size, etc., and can be obtained and distributed without the parent's or guardian's knowledge. The City of Tamarac supports amending public records to prohibit the release of information on children participating in public parks and recreation programs. Currently, notification to parks and recreation agencies of the release and relocation of sexual offenders and predators is not required. Second only to the public school system, more school aged children are in the care of parks and recreation agencies than any other agency. Information on the release of sexual predators into a community allows parks and recreation agencies to offer additional protection for non -suspecting school aged program participants, and the City of Tamarac supports requiring such notification requirements. 9 Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports reinstating funding for Special Category Grants for acquisition, restoration, maintenance and programming to preserve and interpret Florida's historic and cultural heritage. Florida's historic and cultural heritage is as rich and fascinating as it is diverse. Each new culture has brought with it music, languages, foods, and customs, further adding to the mix of cultures that makes this state interesting and attractive to both residents and visitors. As stewards of historical and cultural lands and places, parks and recreation agencies and organizations need funding to preserve and manage these unique treasurers. 10 Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports full funding for Community Oriented Policing Services (COPS), Local Law Enforcement Block Grants (LLEBG), and other state and local law enforcement assistance programs. The events of September 11, 2001 highlighted the responsibility of municipal law enforcement agencies in responding to threats of terrorism. The first responders to any future incidents will most likely be local police, fire, and rescue personnel. Programs such as COPS and LLEBG provide added resources to municipal governments to provide for their response to both local and national security issues. Over the past few years both of these programs have seen a reduction in funding levels and the City of Tamarac supports restoring full funding to both of these programs. The Community Oriented Policing Services program has helped cities and towns improve public safety by funding law enforcement training and the cost of more than 100,000 police officers nation-wide. Over the past few years funding for this program has decreased steadily. The COPS program received $720 million in grant funds in FY 2002, which decreased to $584 million in FY 2003. In FY 2004, the Senate Appropriations Committee has recommended decreasing funding of COPS from $978 million to $656 million. The Local Law Enforcement Block Grant helps fund crime prevention programs, public safety technology initiatives, and other local law enforcement programs. The Senate Appropriations Committee has recommended decreasing funding for LLEBG from the current funding level of $400 million to $150 million. Currently, states and local governments are experiencing severe fiscal declines, local police departments have been affected by military call-ups, and the crime rate is increasing. These and other considerations must be taken into account when addressing homeland security. Whether through funding police officers or providing training, the COPS and LLEBG programs provide municipal law enforcement agencies with the resources required to enhance community security and contribute to the overall goal of national domestic preparedness. 11 Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, opposes changes to Community Redevelopment Area Legislation that would limit the creation of Community Redevelopment Areas (CRAs) and limit Tamarac's control over existing or newly created CRAs. During last year's legislative session Broward County put forth a proposal to curtail the creation of Community Redevelopment Areas (CRAs), limit a municipality's ability to administer the activities of a CRA independently once an area is approved, and exercise more control over newly created CRAs. The City monitored this legislative action, which was ultimately repealed. It is anticipated that a revised version will be submitted by Broward County or some other entity for consideration during the upcoming legislative session. IRA Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, opposes changes to the Dedicated Trust Fund for Affordable Housing that would decrease or change this dedicated source of revenue. The State of Florida created the William E. Sadowski Affordable Housing Act in 1992 to earmark a dedicated source of funding for affordable housing to be used by local governments to provide housing opportunities for low and moderate -income residents. The City of Tamarac utilizes this funding to operate housing rehabilitation and first time homebuyer programs, both of which have been enormously successful in Tamarac. During last year's legislative session, Governor Bush's office proposed the elimination of the dedicated source of revenue, the State Housing Trust Fund, for the State Housing Initiative Partnership. Cities and housing non-profit organizations state-wide banned together to oppose this action by educating the legislators on the success of the program and its direct impact on their constituents. They were successful in preserving 80% of the trust fund revenue for affordable housing. It is anticipated that another attempt will be made during this session to reduce or abolish the revenue stream from the trust fund for affordable housing. It is staff's recommendation that the City once again oppose this action. 13 Exhibit A Temp. Reso # 10281 The City of Tamarac, Florida, supports changes to Chapter 712, Florida Statutes, entitled Marketable Record Titles to Real Property to provide for reinstatement of covenants or restrictions that were previously enforced by a homeowner's association but have been extinguished under the Marketable Real Title Act. The Marketable Real Title Act may extinguish a covenant or restriction on some or all parcels within a residential community unless those covenants and/or restrictions have been preserved under section 712.05 of the Florida Statutes. Homeowners associations oftentimes enforce covenants and restrictions to ensure and protect the health, safety and welfare of the members, and control the community's appearance and standards. Florida Statutes currently provide for the preservation of covenants and restrictions by a vote of the board of directors of a homeowner's association, with certain notice provision. An association may have inadvertently failed to preserve covenants and restrictions that allow for the collection of assessments for maintenance of the community or that provide for community standards. The City of Tamarac supports revisions to Chapter 712 to provide for the reinstatement of covenants or restrictions that were previously enforced by a homeowner's association, but may have been extinguished under the Marketable Real Title Act as the result of an oversight by the association. 14