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HomeMy WebLinkAboutCity of Tamarac Resolution (265)Temp. Reso. # 9913September 25, 2002 Page 1 and CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-265 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE CITY OF TAMARAC LEGISLATIVE AGENDA FOR THE 2003 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO SEND A COPY OF THE CITY OF TAMARAC LEGISLATIVE AGENDA FOR THE 2003 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; 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 2002 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 2003 Legislative Session be forwarded to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration; and Temp. Reso. # 9913September 25, 2002 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 2003 Legislative Session and forward a copy of the City of Tamarac Legislative Agenda for the 2003 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 THAT: 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. Section 2: The City of Tamarac Legislative Agenda for the 2003 Legislative Session (attached hereto as "Exhibit A") is hereby approved. Section 3: The City Clerk is directed to send a copy of the City of Tamarac Legislative Agenda for the 2003 Legislative Session to the Broward County Legislative Delegation and the Broward County Board of County Commissioners for consideration. Temp. Reso. # 9913—September 25, 2002 Page 3 1 1 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 in application, it shall not affect the validity of the remaining portion or applications of this Resolution. PASSED, ADOPTED AND APPROVED this 25th day of September, 2002. Uul=45 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. .-1 `-MITCHELL S. N CITY ATTOR {� -q ,. JOE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE Exhibit A Temp. Reso. # 9913 CITY OF TAMARAC, FLORIDA LEGISLATIVE AGENDA For the 2003 Legislative Session Joe Schreiber, Mayor Edward C. Portner, Vice Mayor Gertrude Mishkin, Commissioner Marc L. Sultanof, Commissioner Karen L. Roberts, Commissioner Jeffrey L. Miller, City Manager Mitchell S. Kraft, City Attorney September 2002 Exhibit A Temp. Reso #9913 The City of Tamarac, Florida, supports amending Section 119.07(3)(i)1, Florida Statutes, to extend exemption from public record the home address and telephone number to all public employees. Currently, Section 119.07 (3)(i)1, Florida Statutes, provides for an exemption from public record the home address and telephone number for several classes of public employees, including current and former law enforcement personnel, personnel of the Department of Children and Families, Department of Health, Department of Revenue, firefighters, code enforcement officers, human resource personnel, and State Attorney judges. 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 the name and addresses of daycare and school facilities attended by the children of such covered employees. The City of Tamarac supports extending this exemption to cover all public employees. Public employees frequently handle extremely sensitive employee issues, many times representing the Agency or employer in areas of discipline, grievance, labor litigation issues, or other sensitive public issues. The City of Tamarac further supports extending this exemption to the spouses of such employees, as well as the name and location of schools or daycare facilities attended by the children of such employees. Exhibit A Temp. Reso #9913 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. 2 Exhibit A Temp. Reso 49913 The City of Tamarac, Florida, supports legislation that would prohibit changes to Chapter 62-40, Florida Administrative Code (F.A.C), the Water Resource Implementation Rule, and Chapter 373, Florida Statute, (F.S.), which propose requiring mandated rate structures for conservation rates, including drought rates and seasonal rates. The City of Tamarac, Florida, supports legislation that would establish local Water Management Districts as the regulating authority in decisions regarding drought and conservation rates, maintaining rate structures and setting limits. The City of Tamarac further supports the use of permits to regulate water conservation in local areas. The proposed changes to Chapter 373 would create a state mandated rate structure requirement between inclining block rates of 25 % and a fixed cost of 40% of revenue maximum, which could put utilities at a risk of collecting insufficient revenue during periods of state mandated conservation restrictions, and potentially during every wet season. Additionally, Chapter 373 requires that individual meters be placed on multi -family dwellings. This requirement will be expensive for new developers, and could stall current development. If the changes to Chapter 373 are adopted, projects that were drafted before the July 1, 2002 start date will be forced to redesign their water services and renegotiate their developer's agreements. The proposed changes to Chapter 373 also attempt to mandate where revenues can be used, which could create a conflict with Tamarac's current Bond Covenants. 3 Exhibit A Temp. Reso 49913 The City of Tamarac, Florida, supports legislation that would establish a two -tiered laboratory certification program at the Florida Department of Health, one that applies NELAP (national environmental laboratory accreditation program) standards and a second one that maintains the existing level of certification for smaller utility laboratories. The City of Tamarac, Florida, supports legislation that would establish a two -tiered laboratory certification program at the Florida Department of Health, one that applies NELAP (national environmental laboratory accreditation program) standards and a second one that maintains the existing level of certification for smaller utility laboratories. NELAP is an excellent program for large-scale, commercial laboratories because it provides for uniformity of standards at a national level; documentation is extensive and requirements are made on all aspects of the laboratory including the physical layout of the laboratory. These requirements can be burdensome to smaller laboratories and are unnecessary as laboratory certification standards, prior to NELAP, sufficiently protected the utility customer in maintaining high laboratory standards without being burdensome to the laboratory. .19 Exhibit A Temp. Reso #9913 The City of Tamarac, Florida, supports legislation that would allow for the acceptance of existing voluntary certifications for licensed Water Distribution Operators, and allow managers and engineers to sit for the exam. The City of Tamarac, Florida supports legislation recognizing the existing voluntary water distribution operator certification programs as meeting the technical, safety and health requirements of Water Distribution Operator (A through D class), and therefore, offers the Water Distribution Operator License to any holder of an active water distribution certification, at the same class level (A through D class). The City also supports the offer of reciprocity to out-of-state holders of Water Distribution Licenses that meet the State of Florida requirements. The City also supports legislation that would allow managers and engineers to sit for the licensure exam. 5 Exhibit A Temp. Reso 119913 The City of Tamarac, Florida, supports legislation that would eliminate continued testing in those areas where there has always been compliance with the lead and copper program action level. The lead and copper program has been in existence for eleven years. This testing program requires samples to be taken by the resident from a kitchen or bathroom tap first thing in the morning. Homes constructed from 1983 through 1987 were selected, a period which would give the highest possible results. After 1987, use of lead solder was prohibited. There are currently no lead service lines in the City of Tamarac. Any lead in these homes comes from the household plumbing. Samples are now taken every three years from the same homes as originally tested. Since the beginning of the program, many of these homes have changed ownership and the new residents are often reluctant to participate. The City has never been in violation of this regulation. Lead levels are below the mandated action levels and the water is not corrosive. The regulation should be amended to eliminate continued testing in those areas that have always been shown to be in compliance with the required action levels. 6 Exhibit A Temp. Reso 49913 + The City of Tamarac, Florida, supports legislation that would grant waivers for radon testing to Cities that are located in areas where, geologically, radon should not occur. There are two sources of radioactive contamination in drinking water. The first is naturally occurring radionuclides that are contained in the soil through which water passes. Some areas in Florida are susceptible to contamination from phosphate rich soils and rock, but these areas are in northern and central Florida. The ground in Tamarac is mostly limestone, coral and sand. The second source of radioactive contamination comes from man-made sources. There is no known man-made contamination of drinking water in Florida. Furthermore, studies by the University of Florida have shown that Broward and Palm Beach Counties do not need radon controls. N Exhibit A Temp. Reso. # 9913 CITY OF TAMARAC, FLORIDA 0vd LEGISLATIVE AGENDA For the 2003 Legislative Session Joe Schreiber, Mayor Edward C. Portner, Vice Mayor Gertrude Mishkin, Commissioner Marc L. Sultanof, Commissioner Karen L. Roberts, Commissioner Jeffrey L. Miller, City Manager Mitchell S. Kraft, City Attorney September 2002 Exhibit A Temp. Reso 49913 The City of Tamarac, Florida, supports amending Section 119.07(3)(i)1, Florida Statutes, to extend exemption from public record the home address and telephone number to all public employees. Currently, Section 119.07 (3)(i)l, Florida Statutes, provides for an exemption from public record the home address and telephone number for several classes of public employees, including current and former law enforcement personnel, personnel of the Department of Children and Families, Department of Health, Department of Revenue, firefighters, code enforcement officers, human resource personnel, and State Attorney judges. 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 the name and addresses of daycare and school facilities attended by the children of such covered employees. The City of Tamarac supports extending this exemption to cover all public employees. Public employees frequently handle extremely sensitive employee issues, many times representing the Agency or employer in areas of discipline, grievance, labor litigation issues, or other sensitive public issues. The City of Tamarac further supports extending this exemption to the spouses of such employees, as well as the name and location of schools or daycare facilities attended by the children of such employees. Exhibit A Temp. Reso #9913 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. 2 Exhibit A Temp. Reso #9913 The City of Tamarac, Florida, supports legislation that would prohibit changes to Chapter 62-40, Florida Administrative Code (F.A.C), the Water Resource Implementation Rule, and Chapter 373, Florida Statute, (F.S.), which propose requiring mandated rate structures for conservation rates, including drought rates and seasonal rates. The City of Tamarac, Florida, supports legislation that would establish local Water Management Districts as the regulating authority in decisions regarding drought and conservation rates, maintaining rate structures and setting limits. The City of Tamarac further supports the use of permits to regulate water conservation in local areas. The proposed changes to Chapter 373 would create a state mandated rate structure requirement between inclining block rates of 25 % and a fixed cost of 40% of revenue maximum, which could put utilities at a risk of collecting insufficient revenue during periods of state mandated conservation restrictions, and potentially during every wet season. Additionally, Chapter 373 requires that individual meters be placed on multi -family dwellings. This requirement will be expensive for new developers, and could stall current development. If the changes to Chapter 373 are adopted, projects that were drafted before the July 1, 2002 start date will be forced to redesign their water services and renegotiate their developer's agreements. The proposed changes to Chapter 373 also attempt to mandate where revenues can be used, which could create a conflict with Tamarac's current Bond Covenants. 3 Exhibit A Temp. peso #9913 The City of Tamarac, Florida, supports legislation that would establish a two -tiered laboratory certification program at the Florida Department of Health, one that applies NELAP (national environmental laboratory accreditation program) standards and a second one that maintains the existing level of certification for smaller utility laboratories. The City of Tamarac, Florida, supports legislation that would establish a two -tiered laboratory certification program at the Florida Department of Health, one that applies NELAP (national environmental laboratory accreditation program) standards and a second one that maintains the existing level of certification for smaller utility laboratories. NELAP is an excellent program for large-scale, commercial laboratories because it provides for uniformity of standards at a national level; documentation is extensive and requirements are made on all aspects of the laboratory including the physical layout of the laboratory. These requirements can be burdensome to smaller laboratories and are unnecessary as laboratory certification standards, prior to NELAP, sufficiently protected the utility customer in maintaining high laboratory standards without being burdensome to the laboratory. 4 Exhibit A Temp. Reso #9913 The City of Tamarac, Florida, supports legislation that would allow for the acceptance of existing voluntary certifications for licensed Water Distribution Operators, and allow managers and engineers to sit for the exam. The City of Tamarac, Florida supports legislation recognizing the existing voluntary water distribution operator certification programs as meeting the technical, safety and health requirements of Water Distribution Operator (A through D class), and therefore, offers the Water Distribution Operator License to any holder of an active water distribution certification, at the same class level (A through D class). The City also supports the offer of reciprocity to out-of-state holders of Water Distribution Licenses that meet the State of Florida requirements. The City also supports legislation that would allow managers and engineers to sit for the licensure exam. 61 Exhibit A Temp. Rcso #9913 The City of Tamarac, Florida, supports legislation that would eliminate continued testing in those areas where there has always been compliance with the lead and copper program action level. The lead and copper program has been in existence for eleven years. This testing program requires samples to be taken by the resident from a kitchen or bathroom tap first thing in the morning. Homes constructed from 1983 through 1987 were selected, a period which would give the highest possible results. After 1987, use of lead solder was prohibited. There are currently no lead service lines in the City of Tamarac. Any lead in these homes comes from the household plumbing. Samples are now taken every three years from the same homes as originally tested. Since the beginning of the program, many of these homes have changed ownership and the new residents are often reluctant to participate. The City has never been in violation of this regulation. Lead levels are below the mandated action levels and the water is not corrosive. The regulation should be amended to eliminate continued testing in those areas that have always been shown to be in compliance with the required action levels. 6 • Exhibit A Temp. Reso #9913 The City of Tamarac, Florida, supports legislation that would grant waivers for radon testing to Cities that are located in areas where, geologically, radon should not occur. There are two sources of radioactive contamination in drinking water. The first is naturally occurring radionuclides that are contained in the soil through which water passes. Some areas in Florida are susceptible to contamination from phosphate rich soils and rock, but these areas are in northern and central Florida, The ground in Tamarac is mostly limestone, coral and sand. The second source of radioactive contamination comes from man-made sources. There is no known man-made contamination of drinking water in Florida. Furthermore, studies by the University of Florida have shown that Broward and Palm Beach Counties do not need radon controls. 7