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