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.