HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-259I
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Temp. Reso # 10281
October 28, 2003
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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
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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 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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