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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-219f u Temp. Reso. # 11101 November 7, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-al q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE CITY OF TAMARAC LEGISLATIVE AGENDA FOR THE 2007 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO SEND A COPY OF THE CITY OF TAMARAC LEGISLATIVE AGENDA FOR THE 2007 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 2007 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 2007 Legislative Session be forwarded to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration; and Temp. Reso. # 11101 November 7, 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 2007 Legislative Session and forward a copy of the City of Tamarac Legislative Agenda for the 2007 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: 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 2007 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 2007 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 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. Temp. Reso. # 11101 November 7, 2006 Page 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this oV, day of f)CVPMbCP ' , 2006. BETH . .. u: +: ATTEST: '-( (y• I RECORD OF COMMISSION VOTE: ZMARION SWEN ON, CMC MAYOR FLANSSAUM-TALABISCO CITY CLERK DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1 CITY OF TAMARAC, FLORIDA �y " . 11 DI LEGISLATIVE AGENDA For the 2007 Legislative Session Beth Flansbaum-Talabisco, Mayor Edward C. Portner, Vice Mayor Marc L. Sultanof, Commissioner Patricia Atkins -Grad, Commissioner Harry Dressler, Commissioner Jeffrey L. Miller, City Manager Samuel Goren, City Attorney November 2006 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. Pa 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 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. .19 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 110.07 (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. W 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. Cel 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. 7 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. The City of Tamarac, Florida, supports increasing the level of funding for the Florida Recreation Development Assistance Program (FRDAP) to accommodate escalating construction costs. 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 supported the increase budgetary allocation for FRDAP. The City of Tamarac urges the Florida State Legislature to increase funding for FRDAP so that grants can be increased from $200,000 to $250,000 per cycle, to accommodate escalating construction costs. 7 The City of Tamarac, Florida, supports requiring individuals serving as volunteer coaches in municipal and county park and recreation agencies to be fingerprinted in order to assure youth are protected from abuse. 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. 10 The City of Tamarac, Florida, supports increased funding for the Emergency Management Competitive Grant Program, which allocates funds for the Municipal Competitive Grant Program, one of the leading sources of funding for the City's emergency management project needs. Rule 9G-19 of the Florida Administrative Code, provides for the establishment of the Emergency Management Competitive Grant Program (EMCGP) and the Municipal Competitive Grant Program (MCGP). These programs make 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 million and $6 million was appropriated annually for the grants. However, since 2004, the legislature has appropriated only $1.3 million for the EMCGP, without a specific appropriation for the MCGP. Currently, the MCGP receives approximately 25% of the total appropriation for the EMCGP. Therefore, in order to increase projects that can be funded by the MCGP, there must be an overall increase in funding for the EMCGP. This revised approach to funding has drastically reduced the number of grants that can be administered; thereby, reducing the number of state and local emergency management objectives. 11 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. 12 The City of Tamarac, Florida, supports increased funding for the South Florida Water Management District Alternative Water Supplies Program to enable a proactive approach to future water needs. The State of Florida is experiencing rapid population growth that is far outpacing the readily available amount of potable water. In order to deal with the perpetually increasing demand for water, it is necessary to utilize alternate sources of fresh water. Neglecting this situation will result in a water scarcity problem for the entire state. The Alternative Water Supplies Program not only provides grants for capital or infrastructure projects, it also is dedicated to the promotion of water conservation. In 2005, the legislature allocated $100 million for the Alternative Water Supplies Program, which was divided between the Water Management Districts (WMD) throughout the state. In 2006, that amount was reduced to $60 million, of which the South Florida Water Management District (SFWMD) received 30% ($18 million). The Water Management Districts are required to match the grants with ad valorem funds, which gave the SFWMD $36 million to fund Alternative Water Supply projects. The largest growth in demand for water is occurring and will continue to occur in the SFWMD. Over the next 20 years, the SFWMD will need approximately an addition one billion gallons of water to meet consumer demand. In the same 20 years, all of the remaining WMDs combined will only need an estimated 900 million gallons. The forecasted cost for the future water needs in the SFWMD is $4.2 billion. In order to take a proactive approach to the current and future water needs, we are advocating for either an increase in the overall amount of money allocated for the Alternative Water Supplies Program or the initiation of a more realistic allocation of funds to reflect the overwhelming needs of the SFWMD. 13 The City of Tamarac, Florida, supports legislation requiring Water Management Districts to fund water conservation efforts. In the State of Florida, regional Water Management Districts (WMD) oversee and manage water resources. WMDs operate under Florida Statute 373 and are responsible for water supply availability, flood protection, water quality, and ecosystem protection. Experts forecast, that by 2020 the total water use in Florida will be approximately 9.3 billion gallons per day (BGD), an increase of more than 2 BGD over 1995 levels. This will demand not only the development of alternative water supplies but also comprehensive regional water supply planning. In 2005, the legislature passed Senate Bill 444, which encourages cooperation in the development of water supplies, such as the creation of regional water supply authorities. The legislation requires WMDs to detail their specific budgeting allocations for alternative water supply development. The bill encourages WMDs to pursue water conservation initiatives and programs. The City of Tamarac is located in the South Florida Water Management District, which will experience the most dramatic expansion in water demands in future years. Tamarac has already employed a proactive and robust water conservation effort. However, with additional funding from WMDs, Tamarac and other governments could pursue more innovative water conservation projects. Therefore, the City of Tamarac supports legislation that would require WMDs to fund water conservation efforts. 14 The City of Tamarac opposes the Florida Department of Environmental Protection's (FDEP) Triennial Review of State Surface Water Quality Standards for unionized ammonia. The FDEP'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. 15 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 backflow prevention assembly inspections. By reducing the number of times that backflow 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. 16 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. 17 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. V The City of Tamarac supports the creation of legislation which would create requirements for practice as a home inspector. Such legislation would require completion of a course of study and examination in home inspections before issuance of an occupational license. The course of study would include at least 80 hours of instruction and would require a passing score on the examination. The examination would 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 would 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. 19 The City of Tamarac, Florida, opposes H.R.5252, the "Communications Opportunity, Promotion, and Enhancement Act of 2005" (COPE Act) because it represents a dramatic departure from historic communications policy goals of universal service, localism, and diversity. The pending legislation will undermine localism in the delivery of cable service and resolution of disputes, while overturning a decade of forward -thinking policies fostering broadband networks and a hands -off treatment of the Internet. The bill grants new cable operators access to a community's public rights - of -way without any obligation to serve the entire community. A buildout requirement is not a mere vestige of a bygone monopoly era. Like other franchise requirements, a buildout obligation is part of the pact with the public over the use of public rights -of -way. The COPE Act undermines the ability of local governments to protect consumers, enforce local matters, and effectively manage the public rights -of - way. The bill makes the FCC the final arbiter of local rights -of -way disputes. Incidents occurring in local rights -of -way are public safety concerns better addressed locally and immediately. 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. OR 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. 21 The City of Tamarac, Florida, opposes legislative action that concerns the buying and selling of guns. The proposed legislation adversely affects local governments' policing ability and thus the safety of the general public. House Bill 1384 would endanger communities by rolling back current gun laws and undercutting strong state gun laws, leading to increased trafficking in guns. The legislation would remove the residency requirement for handgun sales and eliminate already minimal restrictions on sales at gun shows. House Bill 5092 would undermine law enforcement and make it virtually impossible for the ATF to permanently revoke the licenses of gun dealers who violate federal law. House Bill 5005 would protect gun dealers at the expense of law enforcement and the public's safety. Among its provisions, the legislation would block the disclosure of crime gun trace data, which exposes the complicity of gun dealers who supply the illegal gun market. 22 The City of Tamarac, Florida, supports the establishment of a disaster relief grant that will be at the resource of Cities and is unencumbered to those in need. Every time a disaster occurs, there is an abundance of monies that are made available to public and private organizations. However, these funds often only help a fraction of those in need, because accessibility is mired by a plethora of requirements and hurdles. With the establishment of a hurricane relief grant that is unencumbered, relief dollars could have more efficient saturation in not only Tamarac, but also throughout the State. 23 The City of Tamarac, Florida, urges the Legislature of the state of Florida to address the property insurance affordability and availability problems facing the citizens of the state as a result of hurricanes and other weather related conditions. Citizens throughout the state of Florida are faced with an ever-increasing property insurance problem. Property insurance, specifically windstorm insurance, has become not only prohibitively expensive; there is also a shortage of insurers who are willing to offer coverage. Private insurance companies have been struggling to maintain homeowners' policies, and insurance premiums throughout the state continue to increase. The 2006 legislative session adjourned without a viable solution to the current property insurance dilemma. An intervention by the 2007 legislature is necessary in order to begin remedying the worst property insurance market in the nation. 011 The City of Tamarac, Florida, urges the Legislature of the state of Florida to address the ever worsening property tax issue by convening a bi-partisan commission to conduct a comprehensive review of the current tax structure. Citizens and local governments throughout the state of Florida are faced with an ever -worsening property tax problem. In order to find an equitable, long-term solution and avoid a short-term reactionary approach, a comprehensive study must take place. In addition to the ongoing property tax study taking place, there must be a comprehensive study of the entire tax structure.