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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-217Temp. Reso. #10835-November 14, 2005 Revision #1-November 22, 2005 Revision #2-November 23, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE CITY OF TAMARAC LEGISLATIVE AGENDA FOR THE 2006 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO SEND A COPY OF THE CITY OF TAMARAC LEGISLATIVE AGENDA FOR THE 2006 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 2006 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 2006 Legislative Session be forwarded to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration; and Temp. Reso. #1 0835-November 14, 2005 Revision #1 -November 22, 2005 Revision #2-November 23, 2006 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 2006 Legislative Session and forward a copy of the City of Tamarac Legislative Agenda for the 2006 Legislativi6 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: The foregoing Whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. SECTION 2: That the City of Tamarac Legislative Agenda for the 2006 Legislative Session (attached herein to 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 2006 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. SECTION 5: If any clause, section, other part or application of this I Resolution is held by any court of competent jurisdiction to be unconstitutional or I Temp. Reso. #1 0835-November 14, 2005 Revision #1 -November 22, 2005 Revision #2-November 23, 2005 Page 3 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 A5 day of lw�� '2005. ATTEST: I MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. V*4v �k' 9A M U EL S "43*5 RE N CITY A NEY 4F 1� JOE SCHREIBER MAYOR ;4 *1if*TtTmXs1 X91s] T, I k', I [-*-] N] kl, LMO t 4. MAYOR SCHREIBER Yes DIST 1: COMM. PORTNER Yes DIST 2: V/M TALABISCO Yes DIST 3: COMM. SULTANOF Yes DIST 4: COMM. ROBERTS Yes L 1 1 CITY OF TAMARAC, FLORIDA Cif tl_ Temp. Reso. #10835 Exhibit A LEGISLATIVE AGENDA For the 2006 Legislative Session Joe Schreiber, Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner, Commissioner Karen L. Roberts, Commissioner Marc L. Sultanof, Commissioner Jeffrey L. Miller, City Manager Samuel Goren, Interim City Attorney November 2005 Temp. Reso. #10835 Exhibit A The City of Tamarac, Florida, supports State Water Law recognizing that local public utilities have the right and responsibility to establish rates and rate structures for their services and to choose from various water conservation measures for development of a water conservation plan, which meets the requirements of consumptive use permitting. Local utilities should have the right to choose which water conservation measures are realistic for their service area in order to ensure compliance with consumptive use permitting requirements. These measures include additional conservation education, informative billing, leak abatement, additional reuse, rebate and incentive offers for properly working fixtures and appliances, and working with local governments to enact conservation ordinances. In order to foster greater water conservation in Florida, local public utilities should also be able to choose to establish water conservation rate structures. In so doing, the nature and charges included in that structure should be determined by the utility. I I 2 11 Temp. Reso. #10835 Exhibit A The City of Tamarac, Florida, supports amendment of Section 373.223(4) of the Florida Statutes to provide that the water management districts may reserve water from use only if needed to prevent significant harm to fish and wildlife, to protect public health and safety, and to fulfill the mandates of the Comprehensive Everglades Restoration Plan. Establishment of these reservations should be subject to the same procedural safeguards as Minimum Flows and Levels (MFLs). Reservation of water can have the same effect on consumptive uses as establishing Minimum Flows and Levels (MFLs) and as such, its establishment should be subject to the same procedural safeguards as the MFLs. These safeguards include adoption by Florida Department of Environmental Protection under Florida Administrative Code, Chapter 62, establishment by the water management districts of a priority list and timetable of water bodies to be reserved, and subjection to independent scientific review. As well, it is necessary to ensure that all legal uses of the water are protected and preserved if a body of water is placed under a reserve. 3 Temp. Reso. #10835 Exhibit A The City of Tamarac, Florida, supports having State Water Law encourage incentive based programs for water reuse implementation only when safe and economically, technically, and environmentally feasible without intrusive regulations. Reclaimed wastewater should be reused only when it is safe, neutral to the environment, cost effective, and free of health and safety risks. However, consumptive use permit conditions should never require a utility to provide reclaimed wastewater for reuse if these conditions are not met. Determinations of the feasibility of providing reclaimed wastewater for reuse should be governed solely by Section 403-064 of the Florida Statutes and evaluated by the DEP for wastewater treatment plants. This Section should be amended to ensure that water management districts must accept the reuse feasibility analysis prepared by the DEP, so that the districts do not overrule the conclusions of these studies. Water management districts should encourage users to reuse reclaimed wastewater but never force them to if conditions do not meet the above requirements. I I In I Temp. Reso. #10835 Exhibit A The City of Tamarac, Florida, opposes the proposed Hometown Democracy Amendment which would control growth and development by subjecting any change in a local government's comprehensive plan to a vote of that locality's electorate. The proposed Hometown Democracy Amendment seeks to place local planning decisions in the hands of the electorate, thereby attempting to control growth. However, this proposed amendment will significantly slow down the planning process by subjecting it to the requirements of a mass vote. In addition, planning decisions should be left in the hands of local expert officials who were appointed by a representative body. The proposed amendment does not account for minority interests in planning, and ignores the community's long-term planning needs and goals, including affordable housing, urban infill measures, redevelopment initiatives, and the development of essential infrastructure. The proposed amendment will also subject complex planning and policy decisions to potentially misleading and inflammatory media campaigns, and may incur election costs. Additionally, municipal revenue will be required to defend claims by citizens aggrieved by the outcome of planning by voting, and that this will lead to increased taxes andlor decreased municipal services, 5 Temp. Reso. #40835 Exhibit A The City of Tamarac, Florida, supports Section 119.07(3)(!)1, Florida Statutes, t exemption from public record the home telephone number, and photograph of employees. amending o extend address, all public Currently, Section 119.07 (3)(i)l, 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. 1.1 I r1i I Temp. Reso. #10835 Exhibit A 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. 7 Temp. Reso. #10835 Exhibit A 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. I I Temp. Reso. #10835 Exhibit A The City of Tamarac, Florida supports encouraging State Legislators to develop healthy standards for before and after school, summer camp, and holiday program licensing, which remain flexible enough to address non-traditional settings and environments such as those utilized by parks and recreation agencies. To ensure that before and after school, summer camp, and holiday programs are not only safe for children, but also beneficial and of quality, Florida's Legislature has set standards for them. These standards are not currently the same as licensing standards for private day care providers, nor should they be in the future. In fact, Florida Law expressly exempts summer camp from day care regulations. However, the State has allowed some counties to administer the licensing of these programs, provided that they exceed State requirements, Unfortunately, these counties have lumped the programs back into a day care provider category, which does not always fit the program's purpose and creates unnecessary licensing requirements. Licensing requirements must be flexible enough to incorporate non-traditional settings and environments, thereby including different types of programs and all children who wish to participate. As well, this will include parks and recreation agencies, which are not considered traditional day care settings. X The City of Tamarac, Florida, level of funding for the Florida Assistance Program (FRDAP). Temp. Reso, #10835 Exhibit A supports maintaining the Recreation Development In FY 2003, FRDAP was funded at $6 million for use by local governments in attaining land, developing recreational amenities, and constructing trails. The City of Tamarac joined with other local governments in pushing for an increase in program funding to its prior statutory level of $12.74 million. In FY 2004, the Florida State Legislature approved the increase back to the statutory level, and appropriated in excess at $21.2 million in order to fund all qualified projects. The City of Tamarac supported a continued increase in FRDAP funding levels for Fiscal Year 2005. The State agreed to double the funding to $42 million for 274 programs. The City of Tamarac supports maintaining this level of funding for FRIDAP. I I I 10 I I The City of Tamarac, Florida, individuals serving as volunteer and county park and recreati fingerprinted in order to assure from abuse. Temp. Reso. #10835 Exhibit A supports requiring coaches in municipal on agencies to be youth are protected Although it is currently City of Tamarac policy to fingerprint volunteer coaches in its recreation programs, it is important that law requires all county and municipality park and recreation agencies in the State of Florida to do the same. Tens of thousands of individuals volunteer to serve as youth sports coaches each year, and this form of screening will help to ensure that these volunteers are ethical, quality individuals. This type of legislation will help park and recreation officials ensure the protection of children from all types of abuse. 11 Temp. Reso. #10835 Exhibit A The City of Tamarac, Florida, supports reinstatement of funding for the Municipal Emergency Management Competitive Grant Program, one of the leading sources of funding for the City's emergency management project needs. Rule 9G-1 9, Florida Administrative Code provides for the establishment of the Emergency Management Competitive Grant Program and the Municipal Competitive Grant Program making funds available annually to eligible applicants for one-time projects that will further state and local emergency management objectives through the Emergency Management Trust Fund. The availability of funds in the Trust Fund for allocation is subject to an annual appropriation by the Legislature. Prior to the 2003 legislative session, between $5 and $6 million was appropriated annually for competitive and municipal grants. Neither grant vehicle was funded in the 2003 session. In 2004 and 2005, the legislature appropriated $1.3 million for the Emergency Management Competitive Grant Program, but no funds were allocated for the Municipal Competitive Grant Program. I 12 Temp. Reso. #10835 Exhibit A The City of Tamarac, Florida, supports continued funding for Special Category Grants for acquisition, restoration, maintenance and programming to preserve and interpret Florida's cultural heritage; and for the continued creation and funding of grants dedicated to develop and enhance the local arts. Florida's 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. The City of Tamarac and other organizations devoted to the furtherance and preservation of this unique culture need funding to preserve and manage these treasures. The City of Tamarac supports the State of Florida's Cultural Affairs Division Program Budget which provides programs like Arts In Education, which can be used to promote art as an integral part of education and life long learning in Florida Public Schools. The Division's budget also provides the Local Arts Agency Program, which strengthens local art agencies to achieve their goals in producing and appreciating art. In addition, The City of Tamarac supports increases to the Division's Cultural Facilities grants, which provide funding assistance to local governments. 13 Temp. Reso. #10835 Exhibit A The City of Tamarac, Florida, encourages the Florida Public Service Commission to deny the Florida Power and Light Company 9 s request to recover hurricane damage costs by raising rates or adding surcharges to customer bills. According to FP&L, the three hurricanes that impacted south Florida in August and September of 2004 cost the company $710 million in distribution system repairs. Florida Power and Light Company previously stated its intent to obtain approval from the state to recover around $300 million in hurricane repairs and then sought to establish a surcharge on customer bills in order to recover a more specific amount of $354 million in repairs. A two-year plan was approved to recoup the $710 million. Now FP&L is seeking an additional year to increase that amount to $890 million. The City of Tamarac believes these costs should be covered by FP&L profits obtained during previous years. I I 14 I I Temp. Reso. #10835 Exhibit A The City of Tamarac supports continued funding of the Alternative Water Supplies Program at 2005 levels. Because the State of Florida is experiencing such a rapid population growth, there will be a significant increase in consumable water demand in the near future. In order to deal with this increased demand, it is necessary to develop alternate sources of fresh water. Neglecting this situation could result in a water scarcity problem. The Alternative Water Supplies Program is dedicated to helping to promote conservation of water supplies. It also provides grants for capital or infrastructure projects. The legislature is slated to reduce the funding from $60 million to $36 million in 2006. It is vital that this program be maintained at the 2005 levels so that proper water conservation efforts can be made. 15 Temp. Reso. #10835 Exhibit A The City of Tamarac supports legislation requiring the Water Management Districts to fund water conservation efforts as part of last year's Senate Bill 444. In the State of Florida, water resources are managed by regional water management districts. These districts operate under Florida Statutes section 373. Each district is responsible for water supply availability, flood protection, water quality protection, and protection of the ecosystem. Senate Bill 444, which was passed during the 2005 legislative session, encourages cooperation in development of water supplies. It also encourages the creation of regional water supply authorities. In the spirit of the cooperation mentioned in Senate Bill 444, The City of Tamarac supports legislation that would require the Water Management Districts to fund water conservation efforts. The water management districts are required to detail specific allocations to be used for alternative water supply development in their annual budget submissions. The Bill further establishes economic incentives for alternative water supply development. I I 16 j 11 Temp. Reso. #10835 Exhibit A The City of Tamarac opposes the Florida Department of Environmental Protection's (FDEP) Triennial Review of State Surface Water Quality Standards for un-lonized ammonia. The FIDEP's Triennial review of State Surface Water Quality Standards includes an un-ionized ammonia standard for open ocean outfalls. In South Florida, these outfalls pump hundreds of millions of gallons of treated wastewater into the Atlantic Ocean everyday. This proposed standard is contrary to scientific studies that have been conducted over the last 10 years. By utilizing an outdated method of managing these outfalls, the environment is being put at an unnecessary risk. 17 Temp. Reso. #10835 Exhibit A The City of Tamarac is opposed to the changing of backflow prevention assembly device testing and certification from annual to every three years. Section 633.5391 of the Florida Statutes addresses the issue of back -flow prevention assembly inspections. By reducing the number of times that back -flow prevention devices are tested from once every year to once every three years, the potential for contamination of the water distribution system would triple. This increase in risk would not benefit the general public. Maintaining the yearly test ensures the safety of the backflow devices. I V. I Temp. Reso. #10835 Exhibit A The City of Tamarac opposes legislative action that would allow employees to keep firearms in their personal vehicles on the work site. Senate Bill 0206 and House Bill 0129 would prohibit employers from establishing, maintaining, or enforcing a policy that would prohibit employees from storing firearms in their motor vehicles on the employer's property. Employers should have the right to determine what can and cannot be brought upon their property. While the employee's vehicle is the private property of the employee, the entire parcel that the workplace is located upon is not the property of the employee. The rights of the employer to manage the workplace must be maintained. In a stressful workplace, an employee may feel the impulse to go to their vehicle, bring the weapon into the workplace, and then use the weapon on coworkers, a supervisor, or anyone else that may be present. By not allowing employees to have weapons in their vehicles while at work, a safer environment can be created. 19 Temp. Reso. #10835 Exhibit A The City of Tamarac supports legislation that would prohibit the retail sales of fireworks as defined by Florida State Statutes to individuals. Prohibiting such fireworks would not affect sparklers as approved by the State Fire Marshal. It would eliminate easy access to more dangerous items that explode or are propelled. These products contribute to a significant number of injuries (primarily to young people) and cause a number of fires throughout the state. If a statewide prohibition cannot be supported, the right of a Municipality or county to enact such legislation should not be restricted. Current statewide legislation allows the sale of fireworks to individuals providing they execute an affidavit stating that the products will be used for agricultural purposes, at a fish farm, or by a railroad. There is no requirement for the vendor to verify or maintain these documents. I I 20 Temp. Reso. #10835 Exhibit A The City of Tamarac supports the creation of a statewide dedicated data network for law enforcement agencies. Current communications networks do not support the ability of different law enforcement agencies to communicate with each other effectively during disaster situations. By creating a statewide system that will allow different law enforcement agencies to transmit information, receive annual technology updates over the life of the service agreement, and provide for a mobile disaster relief radio site, Florida will be better equipped to react to disasters along the scale of Hurricane Katrina. The inoperability of the current system prevents effective cooperation between agencies. 21 Temp. Reso. #10835 Exhibit A The City of Tamarac supports Senate Bill 0008 which would limit state agencies from taking private property through,, use of eminent domain and giving it to private developers. While this Bill will limit state agencies from taking private property to give to private developers, it will still allow eminent domain by municipalities for redevelopment as authorized pursuant to Chapter 163.375 Florida Statutes. This Chapter maintains that any county, municipality, or community redevelopment agency that has obtained the required approval has the right to eminent domain. This will further the abilities of the local government to take property for redevelopment that could under certain circumstances benefit and uplift the economic development of an area within a municipality and thus be a benefit to the general public. -.1 I 22 I I Temp. Reso. #10835 Exhibit A The City of Tamarac supports House Bill 153 which will provide requirements for practice as a home inspector. The Bill would require completion of a course of study and examination in home inspections before issuance of an occupational license. The course of study will include at least 80 hours of instruction and will require a passing score on the examination. The examination will include structure, electrical system, roof covering, plumbing system, interior components, exterior components, site conditions that affect the structure, and heating, ventilation, and cooling systems. Each year, the inspector will be required to complete eight hours of continuing education related to home inspections. This is beneficial to the City as it provides for better protection of our residents through enforcement of higher standards for said occupation. 23 Temp. Reso. #10835 Exhibit A The City of Tamarac supports House Bill 167 which revises mover registration requirements. I This Bill is being introduced to maintain and enforce requirements that are already in place with the Department of Agriculture and consumer services (DACS) pertaining to insurance and registration, The Department of Agriculture and consumer services would now require all related household moving service businesses to register with the DACS. Ensuring that the moving services providers have proper insurance will protect Tamarac residents that utilize them. The Bill will also revise provisions for delivery and storage of household goods and provide for delivery to a storehouse or warehouse. I I-] 24 I I Temp. Reso. #10835 Exhibit A The City of Tamarac supports having legislation that will require gas stations to have emergency generators so that fuel can be dispensed during prolonged power outages. A major problem that faced South Florida during the aftermath of Hurricane Wilma was the inaccessibility of diesel and regular fuel. While the power remained out around the region, gasoline supplies were still in their storage tanks below the gas stations. Without power, that fuel could not be pumped out of the ground and into waiting vehicles. The few gas stations that were able to open saw customers waiting in lines for hours just to fill up. If gas stations are required to have emergency generators, these valuable fuel supplies can remain accessible even during long-term power outages. 25 Temp. Reso. #10835 Exhibit A The City of Tamarac opposes federal legislation that would eliminate local franchising authority, existing cable franchises, and local government authority to provide communications services. Cable television operators are currently required to obtain a local franchise agreement from cities before they can offer video services to residents. Needed services such as Public, Educational, and Government access channels are all negotiated and enforced through local franchise agreements. This legislation will take these decisions out of the hands of the local governments, who are the closest level of government to the people. They are the most qualified to make decisions as to what networks and information the people need. I IM I I Temp. Reso. #10835 Exhibit A The City of Tamarac supports legislation that will increase the amount of time that a renter has to either move or buy before their unit is converted into a condominium from six months to one year. Every year in Broward County more and more apartment units are being converted into condominiums. This trend is creating a tremendous strain upon the housing market for individuals and families that simply cannot afford to purchase a condo. This strain is further complicated when the renter is given only six months notice to either purchase their current unit, or be forced to leave. While it is the right of the landowner to convert the units from rentals to condos, it is unfair to give the renter such a short time frame to make a very important housing decision. By increasing the amount of time that the renter has to one year, they will become better prepared to deal with their housing situation. 27