HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-2471
Temp. Reso # 10583
October 29, 2004
Page 1
Rev. #1 11 /08/04
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- o14-1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
CITY OF TAMARAC LEGISLATIVE AGENDA FOR
THE 2005 LEGISLATIVE SESSION; DIRECTING THE
CITY CLERK TO SEND A COPY OF THE CITY OF
TAMARAC LEGISLATIVE AGENDA FOR THE 2005
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
2005 Legislative Session outlining the City's position on particular legislative issues;
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WHEREAS, the City Manager recommends that the City of Tamarac Legislative
Agenda for the 2005 Legislative Session be forwarded to the Broward County
Legislative Delegation and the Broward County Board of County Commissioners for
consideration; and
Temp. Reso # 10583
October 29, 2004
Page 2
Rev. #1 11 /08/04
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 2005 Legislative Session and forward a
copy of the City of Tamarac Legislative Agenda for the 2005 Legislative Session to the
Broward County Legislative Delegation and the Broward County Board of County
Commissioners for consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: That the City of Tamarac Legislative Agenda for the 2005
Legislative Session (attached hereto as "Exhibit 1 ") 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 2005 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
Temp. Reso # 10583
October 29, 2004
Page 3
Rev. #1 11 /08/04
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 10t" day of November, 2004.
L , - 1, - z L-1-- �
raJ'TE SCHREIBERyor
ATTEST:
RECORD OF COMMISSION VOTE:
MARION S ENSON, CMC MAYOR SCHREIBER Akle
CITY CLERK DIST 1: COMM. PORTNE A
DIST 2: COMM. FLANSBAUM- ALABISCO
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
1
i A
MITCHELL S.."KF
CITY ATTORN
1
CITY OF TAMARAC, FLORIDA
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Temp. Reso. #10583
Exhibit 1
LEGISLATIVE AGENDA
For the 2005 Legislative Session
Joe Schreiber, Mayor
Marc L. Sultanof, Vice Mayor
Edward C. Portner, Commissioner
Karen L. Roberts, Commissioner
Beth Flansbaum-Talabisco, Commissioner
Jeffrey L. Miller, City Manager
Mitchell S. Kraft, City Attorney
November 2004
Temp. Reso. #10583
Exhibit 1
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.
2
Temp. Reso. #10583
Exhibit 1
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. #10583
Exhibit 1
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.
In
Temp. Reso. #10583
Exhibit 1
The City of Tamarac, Florida, supports the
encouragement of water management districts to
implement water resource development projects as
expeditiously as possible in areas subject to regional
water supply plans and amendment of Florida Forever
Law to allow water management districts to use Florida
Forever funds for cooperative funding of reuse
transmission and distribution facilities.
Water management districts must identify how each proposed water
resource development project, which is subject to regional water supply plans,
will produce additional water available for consumptive uses. The districts should
also be required to identify and quantify these amounts in their annual budgetary
report to the Governor's Office.
In terms of amending Florida Forever funding to allow water management
districts to use this source for reuse transmission and distribution facilities,
Section 373.1961 of the Florida Statutes should be amended to allow the water
management districts to establish a revolving loan trust fund to provide low to
zero interest loans to cooperatively fund reuse facilities and other alternative
water supply and non potable water transmission projects without bias.
Temp. Reso. #10583
Exhibit 1
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 and/or decreased municipal services.
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Temp. Reso. #10583
Exhibit 1
The City of Tamarac, Florida, supports amending
Section 119.07(3)(i)1, Florida Statutes, to extend
exemption from public record the home address,
telephone number, and photograph of all public
employees.
Currently, Section 119.07 (3)(i)1, Florida Statutes, provides for an
exemption from public record the home address, telephone number, and
photograph of several classes of public employees, including: active or former
law enforcement personnel; personnel of the Department of Children and Family
Services whose duties include the investigation of abuse, neglect, exploitation,
fraud, theft or other criminal activities; personnel of the Department of Health
whose duties are to support the investigation of child abuse or neglect; personnel
of the Department of Revenue or local governments whose responsibilities
include revenue collection and enforcement or child support enforcement;
justices, judges, and state attorneys; firefighters; current or former code
enforcement officers; and certain current or former human resource personnel of
any local government agency whose duties include hiring and firing employees,
labor contract negotiation, administration, or other personnel -related duties.
These exemptions are to provide an added protection for several groups of public
employees due to the sensitive nature of their positions in dealing with citizens of
the State of Florida. This exemption is also extended to the spouses of such
covered employees, as well as to the name and locations of schools and daycare
facilities attended by the children of such covered employees.
The City of Tamarac supports extending this exemption to cover all
employees. All public employees make decisions on a daily basis that affect the
lives of others. The outcomes of those decisions could lead the affected parties
to seek retribution against the employees making those decisions. In the battle
between the right to information versus the right to privacy, there is no public
purpose in releasing information such as the home address, telephone number,
and photograph of any public employee. The City of Tamarac further supports
extending this exemption to the spouses of public employees, as well as to the
name and location of schools or daycare facilities attended by the children of
these employees.
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Temp. Reso. #10583
Exhibit 1
The City of Tamarac, Florida, supports enacting
legislation to prohibit the possession of weapons and
firearms in public buildings.
Currently, Section 790.115, Florida Statutes, prohibits the possession or
discharge of weapons at school -sponsored events or on school property. This
statute was enacted for the protection of school children, teachers, and
administrators.
The City of Tamarac supports legislation to prohibit the possession of
weapons or firearms in any public building. Like schools, public buildings serve
the citizens of the State of Florida, by and through its employees. Additionally,
many programs offered in public buildings are designed for the same children
offered protection under Section 790.115, Florida Statutes. The enactment of
legislation prohibiting the possession of weapons and firearms in public buildings
would extend the same protection to all public employees and those citizens
utilizing public services in such buildings, as well as reduce ambiguity that may
occur when school functions are held in public buildings other than schools. An
exemption should be provided for law enforcement and certified security service
providers.
Legislation achieving this result was considered during the 2000
Legislative Session. If passed, House Bill 501 and Senate Bill 756 would have
enhanced a municipality's authority to regulate the possession of firearms on
public property and by public employees during work hours. House Bill 501 was
withdrawn, and Senate Bill 756 died in committee.
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Temp. Reso. # 10583
Exhibit 1
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.
Z
Temp. Reso. # 10583
Exhibit 1
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.
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Temp. Reso. # 10583
Exhibit 1
The City of Tamarac, Florida supports the continued
funding of Florida Forever at the full $300 million level
through the issuance of bonds and the $66 million from
that level which benefits the Florida Communities Trust
Program.
The Florida Forever program is Florida's blueprint for conservation of its
unique natural resources. It encompasses a wide range of goals, including:
restoration of damaged environmental systems, water resource development and
supply, increased public access, public lands management and maintenance,
and increased protection of land by acquisition of conservation easements.
The City of Tamarac supports the continued funding of Florida Forever
through another series of bonds, with the full $300 million for the continued
protection of the state's land and water sources. Tamarac specifically supports
the $66 million annual funding of the Florida Communities Trust Program, which
provides grants to local governments for acquisition of community -based parks,
open spaces, and greenways that further outdoor recreation and natural resource
protection needs identified in local government comprehensive plans.
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Temp. Reso. #10583
Exhibit 1
The City of Tamarac, Florida, supports increasing the
level of funding for the Florida Recreation Development
Assistance Program (FRDAP), and supports keeping
FRDAP intact within the Division of Recreation and
Parks in the Department of Environmental Protection.
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 supports a continued increase in FRDAP funding levels. FRDAP
also remained intact within the Division of Recreation and Parks in the
Department of Environmental Protection in 2004. The City of Tamarac continues
to support FRDAP staying in this location.
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The City
individuals
and
Temp. Reso. #10583
Exhibit 1
of Tamarac, Florida, supports requiring
serving as volunteer coaches in municipal
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.
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Temp. Reso. #10583
Exhibit 1
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-19, 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, the legislature appropriated $1.3 million
for the Emergency Management Competitive Grant Program, but no funds were
allocated for the Municipal Competitive Grant Program.
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Temp. Reso. #10583
Exhibit 1
The. City of Tamarac, Florida, opposes changes to
Community Redevelopment Area Legislation that would
limit the creation of Community Redevelopment Areas
(CRAs) and limit Tamarac's control over existing or
newly created CRAs.
During the 2003 legislative session Broward County put forth a proposal
to curtail the creation of Community Redevelopment Areas (CRAs), limit a
municipality's ability to administer the activities of a CRA independently once an
area is approved, and exercise more control over newly created CRAs. The City
monitored this legislative action, which was ultimately repealed. It is anticipated
that a revised version will be submitted by Broward County or some other entity
for consideration during the upcoming legislative session..
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Temp. Reso. #10583
Exhibit 1
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. Tamarac also supports reinstatement of funding
for the Regional Cultural Facilities Program, which may also provide resources
for the development of cultural centers.
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Temp. Reso. #10583
Exhibit 1
The City of Tamarac, Florida, encourages the Florida
Public Service Commission to deny the Florida Power
and Light Company'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 now seeks to establish a surcharge on customer bills in order to recover a
more specific amount of $354 million in repairs. The City of Tamarac encourages
the State of Florida Public Service Commission to deny FP&L's requests to
recover these costs from customers in the form of either rate increases or
surcharges. The City of Tamarac believes these costs should be covered by
FP&L profits obtained during previous years.
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