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Home My WebLink AboutDocumentation_Regular_Tab 16_08/11/2011 ��, VILLAGE OF TEQUESTA - AGENDA ITEM TRANSAAITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: Ciick here #o �nter t�xt, 8/11/11 Consent Agenda: No Resolution #: �iick here t� er�t�r texte Originating Department: Manager 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Council Discussion and Action on Florida League of Cities Proposed Resolutions 3. BUDGET / FINANCIAL IMPACT: NONE Account #: C�s�ck �zer� tc� ent�r t�xt. Amount of this item: Glick h�re #o e�ter text. Current Budgeted Amount Available: Amount Remaining after item: �la�k �€�r� �� r��r fiex�. Glick ��r� tc� ��fi�r te��. Budget Transfer Required: Ch�o�e an Appropriate Fund Balance: �h�ose ��a it�rn. it�rr. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Council Discussion and Action on Florida League of Cities Proposed Resolutions 5. APPROVALS: Dept. Head: Finance Director: ❑ Reviewed for Financial Sufficiency � No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ � Village Manager: �'��-� • SUBMIT FOR COUNCIL DISCUSSION: � • APPROVE ITEM: ❑ • DENY ITEM: � Form amended 08/26/08 ��p�uE o� �i � p �� Q�„�� ,� ��,�� a, �� -��:�s.:': � O " _ �.t�•• ; °�� _ r �<A � � 1.1'� Memorandum To: Key Officials From: Michael Sittig, Executive Director Re: Transmittal of the 2011 Proposed Resolutions Date: July 12, 2011 Attached axe the proposed resolutions that are being submitted for consideration by the FLC Resolutions Committee, which will convene on Thursday, August 11, from 5:15 p.m. until 6:15 p.m., in conjunction with the League's Annual Conference at the Orlando World Center Marriott, Orlando, Florida The Resolutions Committee is charged with considering official resolutions relating principally to constitutional, congressional and commemorative issues. The committee will review and vote on each resolution and then forward the committee's recommendations to the League's membership at the Business Session, which will take place on Saturday, August 13, at 9:00 a.m. It is at the Business Session where the League's voting delegates vote on the Report of the Resolutions Committee. Please forward this packet to your city's voting delegate in preparation for the Business Session. Please note proposed resolutions are subject to change by the Resolutions Committee. Proposed resolutions may also be submitted directly to the Resolutions Committee or the Business Session. These resolutions will be considered late-filed and will require a favorable two-thirds vote of the committee or the voting delegates, respectively, in order for them to be considered. 'Therefore, additional resolutions may be proposed at the conference. Should you have any questions, please contact Allison Payne at the League office at (850) 701-3602 or e-mail: apayne@flcities.com. Attachments . 301 South Bronough Street ♦ Post Office Box 1757 ♦ Tallahassee, FL 32302-1757 Telephone (850) 222-9684 ♦ Suncom 278-5331 ♦ Fax (850) 222-3806 � Website:www.flcities.com No Text � Q. ��GUE �F c','i � o ` _ � .'' n W � �� 85th Annual Conference � .� .. K � � ,� 9 --� ro ose . eso utlons �� Orlando World Center Marriott 8701 World Center Drive � � Orlando, Florida �� Phone: (407) 239-4200 3 R� . � �� , 2011 RESOLUTIONS COMMITTEE Chair: Mayor Patricia J. Bates, City of Altamonte Springs First Vice President, Florida League of Cities Vice Chair: Mayor Manny Marono, City of Sweetwater Second Vice President, Florida League of Cities LOCAL AND REGIONAL LEAGUE REPRESENTATIVES Louie Davis, Mayor, City of Waldo Past President, Alachua County League of Cities Ken Nelson, Vice Mayor, City of Panama City Beach President, Bay County League of Cities Debby Eisinger, Mayor, City of Cooper City President, Broward County League of Cities Brenda Brasher, Mayor Pro Tem, City of Mascotte President, Lake County League of Cities Patrick Roff, Vice Mayor, City of Bradenton Secretary/Treasurer, ManaSota League of Cities Juan Carlos Bermudez, Mayor, City of Doral President, Miaxni/Dade County League of Cities Stan Totman, Mayor, Town of Baldwin President, Northeast Florida League of Cities Charles Baugh, Jr., Council President, Ciry of Crestview First Vice President, Northwest Florida League of Cities Sam Seevers, Mayor, City of Destin Vice President, Okaloosa County League of Cities Lisa Tropepe, Vice Mayor, Town of Palm Beach Shores President, Palm Beach County League of Cities Marlene Wagner, Mayor, Town of Lake Hamilton Past President, Ridge League of Cities Forrest Banks, Councilmember, City of Fort Myers President, Southwest Florida League of Cities Hal Rose, Mayor, City of West Melboezme President, Space Coast League of Cities Thom Barnhorn, Councilor, City of Seminole President, Suncoast League of Cities Shirley Clark, Councilwoman, Town of Branford President, Suwannee River League of Cities Richard H. Gillmor, Council Member, CiTy of 5ebastian President, Treasure Coast League of Cities Kathy Till, Commissioner, City of Apopka President, Tri-County League of Cities Jeff Allebach, Councilmember, City of Orange City President, Volusia League of Cities FLC POLICY COMMITTEE REPRESENTATIVE Teresa Heitmann, Councilwoman, City of Naples Chair, Energy and Environmental Quality Committee Mike Borno, Mayor, City of Atlantic Beach Chair, Finance and Taxation Committee Jake Williams, Deputy Mayor, City of Cocoa Chair, Urban Administration Committee Melissa DeMarco, Mayor, City of Mount Dora Chair, Growth Management and Transportation Committee H. G. "Butch" Bundy, Commissioner, City of Longwood Chair, Intergovernmental Relations Committee Frank Ortis, Mayor, City of Pembroke Pines Chair, Federal Action Strike Team MUNICIPAL ASSOCIATION REPRESENTATIVES Tom Allen, Building Official, City of Mount Dora, President, Building Officials Association of Florida Barbaza Estep, Viltage Clerk, Village of Miami Shores President, Florida Association of City Clerks Jonathan Lewis, City Manager, City of North Port President, Florida City and County Management Association John Williamson, Fire Chief, Winter Garden Fire Department President, Florida Fire Chiefs' Association Donald T. Smallwood, City Attomey, City of Kissimmee President, Florida Municipal Attorneys Association JefFrey Chudnow, Chief of Police, Oviedo Police Depariment Board Member, Florida Police Chiefs' Association Andy Brooks, Human Resources Manager, City of Casselberry Representative, Florida Public Human Resources Association Kurt Easton, Principal, Urban Networks President, Florida Redevelopment Association Christopher H. Lyons, Director of Finance, City of Sazasota President, Florida Government Finance Officers Association Michele I. Green, Employee and Labor Relations Manager, County of Sarasota. President, FL Public Employer Labor Relations Association Brent Holladay, Chief Deputy, Information Resources, Lake County Clerk of Courts Vice President, Florida Local Government Information Systems Association AT LARGE MEMBERS Gow Fields, Mayor, City of Lakeland Lori Moseley, Mayor, City of Miramar Jason Kennedy, Councilmember, Town of Bronson Joe Durso, Mayor, City of Longwood Tom Shelly, Commissioner, Town of Belleair Margaret Bates, Commissioner, City of Lauderhill Beverly Zimmern, Mayor, City of Gulf Breeze P.C. Wu, Council Vice President, City of Pensacola Bob Apgar, Mayor, City of DeLand Carol McCormack, Mayor, Town of Pa1m 5hores Darell Bowen, Mayor, Village of Wellington No Text Procedures for Submitting Resolutions Florida League of Cities' 85 Annual Conference Orlando Marriott World Center, Orlando, FL August 11-13, 2011 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League off'ice by July 6, 2011, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2} Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5} Proposed resolutions relating to state le isl� ation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, a11 state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda will be adopted. Cities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. No Text Proposed Florida League of Cities 2011 Resolutions 1. City of Ha.11andale Beach 2. City Government Week 3. Community Development Block Grant (CDBG) 4. Surface Transportation 5. Properry Assessed Clean Energy (PACE) 6. Consumer Confidence Reports (CCRs) 7. PEG Channels/ CAP Act 8. Assessment Caps/Amendment 4 9. Forfeiture of Property No Text . 2011-01 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. EXPRESSING APPRECIATION TO HALLANDALE BEACH, FLORIDA, FOR ITS SUPPORT OF JOY COOPER AS PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. WHEREAS, Joy Cooper, Mayor of Hallandale Beach, Florida, has served as the President of the Florida League of Cities, Inc. from 2010 through 2011; and WHEREAS, the citizens, commissioners and staff of Hallandale Beach have been most understanding of the demands placed upon Mayor Cooper in her role as President of the League; and WHEREAS, the membership and staff of the League recognize that the commitment of the City of Hallandale Beach to Mayor Cooper's presidency assured her active participation in League activities and unselfish service to the League, and permitted her to successfully promote the programs, projects and philosophy of the League during the past year; and WHEREAS, the staff of the Florida League of Cities also wishes to recognize and personally thank Cary Santiago for her efforts in providing outstanding assistance to President Cooper and the Florida League of Cities' staff in coordinating President Cooper's duties with the city and with the Florida League of Cities. Cary went above and beyond the call of duty, and her outstanding contributions to this effort are applauded and greatly appreciated. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities' membership and staff do officially and personally appreciate the commitment Hallandale Beach's citizens, commission and staff made to President Cooper's presidency. Section 2. That a copy of this resolution be presented to the Hallandale Beach City Commission. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85�' Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13 Day of August 2011. Patricia J. Bates, First Vice President Florida League of Cities, Inc. Mayor, Altamonte Springs ATTEST: Michael Sittig, Executive Director Florida League of Cities, Ina. Submitted by: FLC Staff . 2011-02 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. ENDORSING A PROCLAMATION BY THE FLORIDA GOVERNOR AND CABINET DESIGNATING THE WEEK OF OCTOBER 16-22, 2011, AS "FLORIDA CITY GOVERNMENT WEEK, " AND ENCOURAGING ALL FLORIDA CITY OFFICIALS TO SUPPORT THIS CELEBRATION BY PARTICIPATING IN THE "MY CITY.• I'M PART OF IT, I'M PROUD OF IT! " ACTIVITIES. WHEREAS, the Florida Governor and Cabinet have proclaimed the week of October 16- 22, 2011, as Florida City Government Week; and WHEREAS, city government is the government closest to the citizens, the one that is administered for and by its citizens, and the one that is most dependent upon the commitment to its citizens and their understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to impart their understanding of municipal service and its benefits to the public; and WHEREAS, Florida City Government Week is an opportune time to recognize the important role played by city government in the lives of Florida's citizens; and WHEREAS, the Florida League of Cities, Inc. and the Florida Institute of Govemment have joined together to teach students about municipal government through a project titled "My City: I'm Part of It, I'm Proud of It! "; and WHEREAS, "My City: I'm Part of It, 1'm Proud of It!" includes, among other things, a series of activities for students in grades K-12 that provides hands-on experience in elections, city administration and political decision making; and WHEREAS, this project's success depends upon the participation of city and school officials, community leaders and others; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can and do shape and influence government through their civic involvement. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section l. That the Florida League of Cities, Inc. encourages all city officials, school officials, city employees and citizens to participate in events that recognize Florida City Government Week and to celebrate it throughout Florida. Section 2. That the Florida League of Cities, Inc. supports and encourages all city governments to promote, sponsor and participate in "My City: I'm Part of It, 1'm Proud of It! " Section 3. That a copy of this resolution be provided to Florida Governor Rick Scott, members of the Florida Cabinet, the Florida School Boards Association and other interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85�' Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13 Day of August 2011. Joy Cooper, President Florida League of Cities, Inc. Mayor, Hallandale Beach ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff 2011-03 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. URGiNG CONGRESS TO MAINTAIN FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG). WHEREAS, the Community Development Block Grant (CDBG) program was enacted and signed into law by President Gerald Ford as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS, the CDBG program has as its primary objective "the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income;" and WHEREAS, the CDBG program has considerable flexibility to a11ow municipalities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and WHEREAS, the National League of Cities, U.S. Conference of Mayors, National Association of Counties and other state and local government-sector associations are all in unison in their support of CDBG and the need to keep this program intact; and WHEREAS, according to the U.S. Department of Housing and Urban Development, CDBG is most commonly used to support activities that improve the quality of life in communities; to promote energy conservation and renewable energy resources; for construction of and improvements to public infrastructure such as streets, sidewalks, and water and sewer facilities; and for small business assistance to spur economic development and job creation/retention; and WHEREAS, when CDBG was fully funded in FY 2010, Florida's cities and towns received over $170 million in CDBG grants to catalyze or support employment, housing, and neighborhood revitalization efforts; and WHEREAS, nationally, every dollar of CDBG funding a city or town receives leverages an additional $1.62 in non-CDBG funding that connects private sector growth to the revitalization of entire communities; and WHEREAS, in an effort to reduce the federal deficit, several members of Congress are calling for significant cuts to the CDBG and other domestic spending programs that provide needed funding to municipalities for infrastructure, affordable housing, community development and other important programs. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC., THAT: Section 1. That the Florida League of Cities, Inc. urges Congress to provide adequate funding for CDBG. Section 2. That a copy of this resolution be sent to the Florida Congressional Delegation, the National League of Cities, and the Secretaries of the U.S. Department of Commerce and the Department of Housing and Urban Development. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85�' Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13 Day of August 2011. Joy Cooper, President Florida League of Cities, Inc. Mayor, Hallandale Beach ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff NAT�o�A� LEAGUE o� � IT1 E� �� h��e ��u�it� ��v��s�prr�er�� i< C�rc�r�� C�� Prc�gr�� :��R��l� Community Development Block Grants were first awarded in 1975 and are administered by the U.S. Department of Housing and Urban Development (HUD). By statute, CDBG must fund projects that serve at least one of t1v requirements: (1) Activities that principally benefit low- to moderate-income individuals; (2) Activities that prevent or eliminate slums and blight in neighborhoods; and (3) Activities to remedy urgent threats to dle overall health or safety of communities. ��,�x According to HUD, CDBG is most commonly used to support activities that improve quality of life in communities, including: acquisition of property; family relocation; rehabilitation of residential and community structures; efforts to support energy conservation and renewable energy resources; construction of and improvements to public infrastructure such as streets, sidewalks, and water and sewer facilities; and small business assistance to spur economic development and job creation/retention. HUD has identified several activities as generally ineligible for CDBG funds, including: the acquisition, consttuction or rehabilitation of buildings for the general conduct of government; political activities; certain income support activities; or the construction of new housing undertaken by local governments. ��'��N�� All cities and towns are eligible to receive CDBG funds. 70 percent of annual CDBG funds are distributed by way of a formula direcfly to cities and towns that meet one of three criteria: (1) Principal city of a Metropolitan Sta.tistical Area (MSA) (2) City with a population of at least 50,000 (3) Urban county with a population of at least 200,000 The remaining 30 percent of annual CDBG funds are distributed to states, which are required to award that funding to cities with populations below 50,000. Over twelve hundred cities qualify to receive CDBG funds directly from the federal govemment. When counting CDBG grants provided both directly from the federal government and through the states, CDBG reaches approximately 7,000 cities and towns each year. Cities and towns are responsible for ensuring that CDBG-funded activities support community development functions and do not supplant local funds that provide for the operation of local government, even if those operations support community development. No Text 2011-04 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., URGING CONGRESS AND THE ADMINISTRATION TO RECOGNIZE THE CENTRAL ROLE TRANSPORTATION PLAYS IN LOCAL �CUNUMIES AND TO CNACT A NATIONAL TRANSPORTATION PLAN THA'T STRENGTHENS OUR INFRASTRUCTURE, CREATES JOBS, INCLUDES THE LOCAL VOICE 1N PLANNING AND PROJECT SELECTION, AND CHOOSES THE BEST MIX OF TRANSPORTATION OPTIONS TO FIT THE NE�DS OF THE REGION. WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) and its predecessor programs, the Transportation Equity Act for the 21 Century (TEA-21) and the Intermodal Surface Transportation EfFiciency Act (ISTEA), have historically provided funding to meet the various transportation needs of the State of Florida, including the mitigation of transit and traffic congestion; and WHEREAS, SAFETEA-LU, which originally expued in September 2009 has been extended 7 times to date; and WHEREAS, the lack of investment in Florida's transportation system continues to impact our economy and the cities which are the economic engine of our state; and WHEREAS, a new federal approach to surface transportation must include all levels of government at the table in establishing an effective transportation network; and WHEREAS, continued federal funding of a successor program to SAFETEA-LU and the need to provide flexibility to local governments to address local transportation needs are critical to Florida and its urban and rural communities. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities, Inc. strongly urges the U.S. Congress to create a new federal surface transportation program that provides adequate funding for federal transportation programs that support bridges, roads, highways and transit and provides funding for transporta#ion programs that go directly to local governments. Section 2. That that input from local municipal officials is taken into consideration as Congress contemplates the next federal surface transportation program. Section 3. That the Florida League of Cities, Inc. strongly supports efforts to preserve and simplify local governments' program flexibility. Section 4. That a copy of this resolution be provided to the Florida Congressional Delegation, Florida Govemor Rick Scott, the Secretaries of the U.S. and Florida Depa.rtments of Transportation, the National League of Cities, and the Chairs of the U.S. Congressional Transportation Committees. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85 Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13 Day of August 2011. Joy Cooper, President Florida League of Cities, Inc. Mayor, Hallandale Beach ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff o'`E pGUE �f r'l'.w � o � _ ,.. ^ FEDERAL ACT10N STRIXE TFAM Florida League of Cities 2071 Federal Action Agenda Economic Recovery The Florida League of Cities believes strong cities are essential to building a stronger economy. Cities are the place where new jobs are created and opportunity flourishes. The Florida League of Cities is committed to partnering with federal and state leaders to develop common-sense approaches to strengthening our economy without unnecessary and burclensome requirements. Transportation Infrastructure Our nation's transportation infrastructure is the backbone of the U.S. economy. The deterioration of Florida's transportation system continues to impact our economy and the cities that are the economic engine of . our state. A new federal approach to surface transportation must include all levels of govemment at the table in establishing an effective transportation network. If properly maintained and adequate to meet our needs, America's infrastructure will ensure the long-term vitality of our local, regional and national economies, while strengthening the nation's competitive position in world trade. However, if we continue to allow our infrastructure to deteriorate through lack of investment and proper maintenance, we put America's economic success — and the success of our hometowns — at risk. Congestion and ineffective links between roads, airports and seaports create costly delays that affect workforce mobility, economic activity and the quality of life of residents. Congestion delays increase the amount of time commuters spend away from their families and the daily activities that create livable communities. Like the rest of the natian, the funding that supports the growth and development of Florida's transporta- tion system is declining. The economic recession and meeting the needs of our most vulnerable citizens limit our ability to replace these declining funds with other sources of state revenue. Addressing Florida's transportation needs requires targeted funding for the completion of existing projects, with an emphasis on projects that modemize our transportation system and maximize the use of committed federal funds. The Florida League of Cities supports a national transportation plan that promotes a multimodal system that is more energy efficient and less reliant on foreign oil. A commitment to rebuilding our transportation infrastructure will create jobs and strengthen our economy. We support a plan that provides local govern- ment the flexibility to address local transportation needs that are critical to Florida and its urban and rural communities. Reques� The Florida League of Cities urges Congress and the administration to partner with local governments to meet America's pressing roads, highways, bridges and transit needs by authorizing a new federal surface transportation program that includes the loca! govemment perspective in the upcoming transportation authorization debate. 301 South Bronough Street • Suite 300 • P.O. Box 1751 • Tallahassee, Fl 32302-1757 • I850) 222•9684 • Fax (850)112-3806 • www.fltities.com No Text 2011-OS A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. URGING CONGRESS TO ADOPT LEGISLATION THAT REQUIRES FEDERAL REGULATORS AND MORTGAGE LENDERS TO TREAT PROPERTY ASSESSED CLEAN ENERGY (PACE) ASSESSMENTS LIKE OTHERS AND TO UNDERWRITE MORTGAGES WITH PACE ASSESSMENTS. WHEREAS, in 2010, the Florida Legislature enacted legislation creating a program titled Property Assessed Clean Energy or PACE that allows local governments to make loans to property owners for the purpose of installing renewable energy devices on property and to collect payments on the loan through a special assessment; and WHEREAS, the PACE program is a renewable energy policy that has been enacted in twenty two states across the U.S.; and WHEREAS, investing in cost-effective energy efficiency and renewable energy improvements to homes and businesses can save energy, cut utility bills up to $140 billion per year, create thousands of local jobs, reduce reliance on fossil fuels, and dramatically reduce greenhouse gas emissions; and WHEREAS, PACE financing programs are an innovative local government solution to help property owners finance energy efficiency and renewable energy improvements — such as energy e�cient boilers, upgraded insulation, new windows, solar installations, etc. — to their homes and businesses; and WHEREAS, the PACE program removes many of the barriers of energy efficiency and renewable energy retrofits that otherwise exist for residential homeowners and businesses, particularly the high upfront cost of making such an investment and the long-term ability to reap the benefits of cost savings; and WHEREAS, the White House and U.S. Department of Energy strongly support PACE, have dedicated $1 SO million to assist in the development of local PACE programs and have issued guidelines to ensure that PACE programs meet safety and soundness requirements and adequately protect property owners, ta�cpayers, and investors in the bond and mortgage markets; and WHEREAS, despite PACE's great potential, the Federal Housing Finance Agency and the Office of the Comptroller of the Currency issued statements last year that immediately forced existing PACE programs to halt operations and thus froze the development of dozens of PACE programs nationwide; and WHEREAS, Representatives Nan Hayworth (R-N�, Dan Lungren (R-CA) and Mike Thompson (D-CA) will soon introduce legislation in the U.S. House of Representatives to support the Property Assessed Clean Energy (PACE) program and reaffirm the right of state and local governments to use liens or assess special taxes to assist in the installation of renewable energy and energy efficient improvements by directing federal regulators to enforce underwriting standards consistent with the U.S. Department of Energy's PACE guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC., THAT: Section 1. That the Florida League of Cities, Inc. urges Congress to support federal legislation supporting the PACE program so that cities use special assessments when offering loans to property owners who wish to install renewable energy and energy efficiency improvements on their property. Section 2. That a copy of this resolution be sent to the Florida Congressional Delegation, the National League of Cities, and the Secretary of the U.S. Department of Energy and Florida Governor Rick Scott. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85�' Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13 Day of August 2011. Joy Cooper, President Florida League of Cities, Inc. Mayor, Hallandale Beach ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff Property Assessed Clean Energy ►nnovation for Financing Energy Efficiency PACE is Property Assessed Clean Energy, a bipartisan, PACE is Unique loca) government initiative that allows property owners to • Lreates permanent jobs - nationwide and across a range finance energy efficiency and renewable energy projects for of skills. their homes and commercial buildings, simply and with no • Uses private capital for funding — requires NO taxes or government subsidies. government subsidies. • Voluntary — only opt-in participants receive benefits and PACE is Voluntary. Interested owners opt-in to receive agree to pay assessments. financing that is repaid through an assessment on their . promotes energy security - without federal regulation or property taxes for up to 20 years. This spreads the cost of taxes that drive up energy costs. energy improvements — weather-sealing, better insulation, . Saves money and increases value — efficiency and more efficient heating and cooling systems, solar renewable projects make buildings more valuable. installations, etc. — over the expected life of the . No upfront cost - PACE financing spreads costs over the improvements and allows the repayment obligation to life of improvements. transfer automatically to the next property owner if the . pssessment can transfer on sale - new owner benefits building is sold (along with the benefits of the improvements), from improvements that stay with the property. • Avoids costly power plants — difficult to site. Federal Regulatory Over-reaCh, in a challenge to states' '�mproves air quality — makes communities healthier. rights, has brought PACE to a standstill today. Last July, the y ; Federal Housing Finance Agency told Fannie Mae and Freddie Mac to stop underwriting mortgages with PACE assessments. The FHFA claims PACE assessments are invalid, despite state and local laws that clearly establish their public purpose. Like � all municipal assessments, PACE assessments in orrears have - ''+I;�, I� ' a senior lien to mortgages if property owners default. The `y � �� FHFA claims PACE threatens the safety and soundness of the 245tates have passed PACE fegislation since 2008 entire mortgage industry, even though potential losses from y�hy PACE? defaults are immaterial at less than $200 per participating ��pqCE is a no-cost to taxpayers, no-mandate, consumer opt- home. in approach that brings clean energy technology to Congress Must Act Now to save PACE from federal homeowners and businesses. PACE will help create jobs for regulatory over-reach. Floridians at a critical time when we are working to get • State and local elected representatives have the right to Florida's economy back on track." Adom Hasner (R-FL) define public purpose, not appointed federal regulators in former Majority Leader, FL House of Representatives Washington. "PACE is already creating economic opportunity, energy • PACE assessments are just as valid as other assessments savings, and environmental benefits through the retrofit of that mortgage lenders have recognized for decades from residential and commercial building stock." Gov Bill Ritter over 37,000 land secured benefit districts nationwide. (D-COJ • PACE benefits to our nation are potentially enormous ��A New York City PACE program provlding property owners while the risks are immaterial. with the upfront capital to make energy efficiency retrofits Your support of bipartisan legislation tan save w�ll create jobs and reduce energy costs for residents and PACE businesses." MayorMichael8/oomberg (1-NYCJ "I am honored to be one of our nation's first Mayors to PACENow is an independent advocacy group for property support PACE. San Diego plans to derive strong long term assessed clean energy, a private capital market solution to advantages through PACE programs and we urge the rest of financing energy efficiency and renewable energy projects our nation, on a bipartisan basis, to join us" Mayor lerry that does not require government subsidies or taxes. Sonders (R-Son DiegoJ "With PACE, we are providing homeowners and business Contact PACENow's Executive Director, David Gabrielson, at: owners with powerful tools to take control of their energy david.aacenow@amail.com http://www.nacenow.ors use and create jobs at the same time" Gov Arnold Schwarzenegger(R-CA) �� r FEDERAL HOUSING FINANCE AGENCY ��L Hp w�'� r � �, €Fr�a � 1 (� � ��'CE A�'� STATEMENT _ .. _.. _.._..._ __.... _ .... . .. .... _...... .. ._.... _ ._. ___ ... For Immediate Release Contact: Corinne Russell (202) 4i4-692i July 6, 2010 Stefanie Mullin (202) 4i4-6376 FHFA Statement on Certain Energy Retrofit Loan Programs After careful review and over a year of working with federal and state government agencies, the Federal Housing Finance Agency (FHFA) has determined that certain energy retrofit lending programs present significant safety and soundness concerns that must be addressed by Fannie Mae, Freddie Mac and the Federal Home Loan Banks. Specifically, programs denominated as Property Assessed Clean Energy (PACE) seek to foster lending for retrofits of residential or commercial properties through a county or city's tax assessment regime. Under most of these programs, such loans acquire a priority lien over existing mortgages, though certain states have chosen not to adopt such priority positions for their loans. First liens established by PACE loans are unlike routine tax assessments and pose unusual and difficult risk management challenges for lenders, servicers and mortgage securities investors. The size and duration of PACE loans exceed typical local tax programs and do not have the traditional community benefits associated with ta�ng initiatives. FHFA urged state and to cal governments to reconsider these programs and contin ues to call for a pause in such programs so concerns can be ad dressed. First liens for such loans represent a key alteration of traditional mortgage lending practice. They present significant risk to lenders and secondary market entities, may alter valuations for mortgage-backed securities and are not essential for successful programs to spur energy conservation. While the first lien position offered in most PACB programs minimizes credit risk for investors funding the programs, it alters traditional lending priorities. Underwriting for PACE programs results in collateral-based lending rather than lending based upon ability-to-pay, the absence of Truth-in-Lending Act and other consumer protections, and uncertainty as to whether the home improvements actually produce meaningful reductions in energy consumption, Efforts are just underway to develop underwriting and consumer protection standards as well as energy retrofit standards that are critical for homeowners and lenders to understand the risks and rewards of any energy retrofit lending program. However, first liens that disrupt a fragile housing finance market and long-standing lending priorities, the absence of robust underwriting standards to protect homeowners and the lack of energy retrofit standards to assist homeowners, appraisers, inspectors and lenders determine the value of retrofit products combine to raise safety and soundness concerns. On May 5, 2oio, Fannie Mae and Freddie Mac alerted their seller-servicers to gain an understanding of whether there are existing or prospective PACE or PACE-like programs in jurisdictions where they do business, to be aware that programs with first liens run contrary to the Fannie Mae-Freddie Mac Uniform Security Instrument and that the Enterprises would provide additional guidance should the programs move beyond the experimental stage. Those lender letters remain in effect. Today, FHFA is directing Fannie Mae, Freddie Mac and the Federal Home Loan Banks to undertake the following prudential actions: 1. For any homeowner who obtained a PACE or PACE-like loan with a priority first lien prior to this date, FHFA is directing Fannie Mae and Freddie Mac to waive their Uniform Security Instrument prohibitions against such senior liens. 2. In addressing PACE programs with first liens, Fannie Mae and Freddie Mac should undertake actions that protect their safe and sound operations. These include, but are not limited to: - Adjusting loan-to-value ratios to reflect the maximum permissible PACE loan amount available to borrowers in PACE jurisdictions; - Ensuring that loan covenants require approval/consent for any PACE loan; - Tightening borrower debt-to-income ratios to account for additional obligations associated with possible future PACE loans; - Ensuring that mortgages on properties in a jurisdiction offering PACE-like programs satisfy all applicable federal and state lending regulations and guidance. Fannie Mae and Freddie Mac should issue additional guidance as needed. 3. The Federal Home Loan Banks are directed to review their collateral policies in order to assure that pledged collateral is not adversely affected by energy retrofit programs that include first liens. Nothing in this Statement affects the normal underrvriting programs of the regulated entities or their dealings with PACE programs that do not have a senior lien priority. Further, nothing in these directions to the regulated entities affects in any way underwriting related to traditional tax programs, but is focused solely on senior lien PACE lending initiatives. FHFA recognizes that PACE and PACE-like programs pose additional lending challenges, but also represent serious efforts to reduce energy consumption. FHFA remains committed to working with federal, state, and local government agencies to develop and implement energy retrofit lending programs with appropriate underwriting guidelines and consumer protection standards. FHFA will also continue to encourage the establishment of energy efficiency standards to support such programs. ### The Federal Housittg Finance Agency regulates Fannie Mae, Freddie Mac and the i2 Federal Home Loan Banks. These gouernment-sponsored enterprises prouide more than $5.9 trillion in funding for the U.S. mortgage markets and financial institutions. No Text 2011-06 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. SUPPORTING THE "END UNNECESSARY COSTS CAUSED BY REPORT MAILING ACT OF 2011" WHICH WOULD REMOVE THE FEDERAL REQUIREMENT THAT A CONSUMER CONFIDENCE REPORT BE MAILED ANNUALLY TO WATER CUSTOMERS WHEN THE WATER SYSTEM HAS TESTED SAFE FOR THE PAST YEAR. WHEREAS, every year, approximately 53,000 water systems are required to produce a Consumer Confidence Report (CCR), which contains important information for consumers about the source and quality of their water; and WHEREAS, federal law requires all water systems to mail the report to every household served by the water system; and WHEREAS, local government budgets have been significantly strained during this economic downturn and the printing and mailing costs associated with the CCR are an additional cost to t�payers when other more cost effective options are available•, and WHEREAS, H.R. 1340 by U.S. Representatives C.W. Bill Young (R-FL) and Gus Bilirakis (R-FL) is titled the End Unnecessary Costs Caused by Report Mailing Act and would remove the requirement that community water systems annually mail a CCR to all their customers; and WHEREAS, H.R. 1340 would not stop the production of the CCR, but would remove the costly mailing requirement; and WHEREAS, H.R. 1340 would allow water systems that tested safe for the past year to make the annual CCR available on the system's website or by mail upon request; and WHEREAS, H.R. 1340 would still require water systems that tested unsafe to continue mailing the CCR to their customers. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC., THAT: Section 1. That the Florida League of Cities, Inc. urges Congress to support H.R. 1340 and thus eliminate s a wasteful federal mandate that unnecessarily str ains local government budgets and wastes taxpayer dollars. Section 2. That a copy of this resolution be sent to the Florida Congressional Delegation, the National League of Cities, the Administrator of the U.S. Environmental Protection Agency, the Secretary of the Florida Department of Environmental Protection and Florida's municipalities. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85` Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13 Day of August 2011. Joy Cooper, President Florida League of Cities, Inc. Mayor, Hallandale Beach ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: City of Dunedin City of Pinellas Park Mayors Council of Pinellas County `;�� j �` '+, !i. , , r ,a g; �: v � < 3 , . � �• � _ W� .: - t _ t_,i �� a :�,, ' k £.i �`! � i, City of Pinellas Park '� . � Phone: (727) 541-0707 Post Office Box 1100 ,� ;,,, ` Fax: (727) 544-7448 Pinellas Park, Florida 33780-1100 ,. � Suncojn: 969-I011 z � k April 12, 2011 Ms. Joy Cooper, President Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 Tallahassee, FL 32301 Dear Ms. Cooper: I would like to share some information that I believe should be of interest to your members and ask for your assistance in spreading the word. On April 4, 2011 Florida Congressmen C. W. Bill Young and Gus Bilirakis introduced H.R. 1340, the End Unnecessary Costs Caused by Report Mailing Act, legislation intended to save local governments thousands of dollars per yeax. Specifically, H.R. 1340 will remove the reyuirement that community water systems annually mail a Consumer Confidence Report (CCR) to all customers in their system. H.R. 1340 was created after several of Young's constituents, including the Mayor's Council of Pinellas County, brought the mailing requirement to his attention. As the Mayor of Pinellas Park I am grateful for the response that we have received from Congressman Young and I would like to encourage everyone affected by the needless cost of mailing CCR's to contact their representatives in Congress and encourage them to sign-on to H.R. 1340 and support its passage. Attached are copies of H.R. 1340 and the Congressional Record from April 4, 2011 with Congressman Young's comments for your review. Thanks for your continued support of local government. Sincerely, C ��GCL1Si9 , ��'�� William F. Bill Mischler Mayor �s �i �i F: WI12\YOUNFL\YOUNFL_003.XML � ..................................................................... (Orig�inal Signa.ture of MemUer) 112T�� coNGR�ss 15T SESSION � • � � i � � � ! To �tinend tlie S�,fe Di�inking W�.ter Act ��ith respect to coilsumer confidence reports U,y community water systems. IN TIIE IIOUSE OF REPRESENTATI�TES Mr. YouNa of Florida. introduced tlze folloaving• bill; which ��s referred to the Coinmittee on A BILL To amend the Safe Drinkiilg Water Act with respect to consumer conf'iclence reports by coinmunity water systeins. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United Stc�tes of Amer�ica tin Congress assemUled, � 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "End Unnecessary 5 Costs Caused by Report Mailiizg Act of 2011". f:\VHLC\040111\640111.055.xm1 (48605413) April 1, 2011 (11:46 a.m.) � F:1M12\YOUNFL\YOUNFL_003.XML 2 1 SEC. 2. CONSUMER CONFIDENCE REPORTS BY CONIlVIUNITY 2 WATER SYSTEMS. 3 (a) METHOD OF DELIVERING I�,EPORT.—Subpara- 4 graph (A) of section 1414(c)(4) of the S�,fe Drinkii�g 5 V�rater Act (42 U.S.C. 300g-3(c)(4)) is amei�ded— 6 (1) ii� subpar�.gr�.ph (A), by striking "The Ad- 7 ministrator, in consultation" �,ncl inserting the fol- 8 lowing: g "(i) IN G��v��.—The Aclminis- 10 trator, in consultatioi�"; 11 (2) by striking "to mail to each customer" �,i�d 12 inserting "to provide u� accord�,nce with the mailing 13 requirement of clause (ii) or (iii), �,s �,pplicable, to 14 each customer"; ancl 15 (3) by adding at the end the following: 16 "(il) 1VIAILING R�QUIREMENT IN CASE 17 OF VIOLATION OP` MCL.—In the case Of a 18 coxnmwzity water system for which there 19 has been a violation of the maximum con- 20 tamiizant level for any regulated contaani- 21 nant during the year co�.cerned, the regu- 22 lations under clause (i) shall require each 23 report to be nzailed. 24 "(iil) MAILING REQUIREn4ENT ABSENT 25 ANY VIOLATION OF MCL.—In the case of a 26 community �vater system for which there f:\VHLC\040111\040111.OSS.xml (48605413) April 1, 2011 (11:46 a.m.) F:uvI12\YOUNFL\YOUNFL 003.XML - 3 1 was no such violation during the year con- 2 cerned, the reg�zlations under clause (i) 3 sl�all require the system to comply with one 4 of the following (to be selected by the sys- 5 tein) : 6 "(I) Mail each i e�ort. � "(II) Make each report available g on the system's Website ai�d, upon re- 9 quest, by inail aizcl provicle notice in 10 plain langu�,ge (either by using cus- 11 tomizecl message space on the CL1S- 12 tonzer's bill or by enclosing �, flier 13 witlun the customer's bill) that— 14 � "(aa) the s,ystem's tivater has 15 rernained in com�liance with the 16 maximum contamiizant level for 17 each regulated contaminant dur- i 8 ing the year concerned; and 19 "(bb) a coilsumer confidence 20 report is available oi1 the sys- 21 tem's Website and, upon request, 22 by inail. 23 "(1V� RELATION TO OTHER PROVI- 24 STONS.—Far purposes of subparagraphs 25 (C) aild (D), references to the mailing re- f;\VHLC\0401 1 1 10401 1 1.055.xm1 (48605413) April 1, 2011 (11:46 a.m.) ' F:uVI12\YOiJNFL\YOUNFL 003.XML 4 1 quirement of this subparagral�h refer to 2 the requirements of clauses (ii) and (iii).". 3 (b) CONTENT OP REPORT.—Clause (iii) of section 4 1414(c)(4)(B) of the Safe Drinking Water Act (42 U,S.C. 5 300g-3(c)(4)(B)) is amencled b3T striking "(N) for any 6 regultited" aild all that follov��s through the period at the 7 eizd of the clause �,i�cl insei tiizg "(N) foi �,ny regulatecl 8 cont�,inin�,nt in sucll water sSTstem foi which there h�,s 9 been a violation of the maximum cont�.rn.inant level duruZg 10 the year coi2cerned, the brief stateinent in plain language � 11 regai ding the health concerizs that resulted in regti�lation 12 of such contaminant (as provicled by the Administrator in 13 regulations uizder subparagraph (A)), �, description in 14 plain language of the specific contaminant measurements 15 which caused the violation and the possible effects on 16 health and welfaxe, a descriptioiz in plain l�,nguage of the 17 actions being taken to correct the violatioil so as to be 18 in coinpliance with this Act, and a statement of the date 19 by wluch compliance will be attained.". � ZO (C� APPLICATION; ADMINISTRATNE AcT1oNS.—The 21 amenclineizts made by this section apply beginning on the 22 day that is 90 days after t11e date of the enactment of 23 this Act. Not later than such day, the Administrator of 24 the Enviroizmental Protection Agency shall promulgate re- 25 vised regulations and take such other actioils as may be f:\VHLC�040111\040111.OSS.xml (48605413) April 1, 2011 (11:46 a.m.) F:�M12\YOLiNFL\YOUNFL 003.XML • 5 1 necessax�� to carr�T out the ameizdments inade by this sec- 2 tion. f:\VHLC\040111\040111.055.xm1 (48605413) April 1, 2011 (11:46 a.m.) U.S. Rep. C. W. Bill Young Introduces Legislation to Help Save Local Governments Money For release: Apri15, 201 I Contact: Harry Glenn 202-225-5961 Washington - U.S. Rep. C.W. Bill Young (R-FL) and Gus Biliralcis (R-FL) have introduced H.R. 1340, the End Unnecessary Costs Caused by Report Mailing Act, legislation intended to save local governments thousands of dollars per year. H.R. 1340 will remove the requirement that community water systems annually mail a Consumer Confidence Report (CCR) to all the customers in their system and was created after several of Young's constituents, including the Mayors' Council of Pinellas CoLUity, brought the mailing requirement to his attention. In a statement upon introducing the bill in the House, Young stated: "Every year approximately 53,000 water systems are required to produce a CCR, which contains important information for consumers about the source and quality of their water. However, while the report itself contains important information that should be available, federal law also requires all water systems to mail the report to every household. The exact cost of printing and mailing these reports vary depending on the number of customers in the system and, in 2009, printing and rnailing the CCR cost one water system in my district $30,565 and another $6,785. "At a time when local government budgets are already strained, it is unnecessary to require that our local water systems mail the report to every household when advancements in technology have provided alternative formats to distribute this information," Young said. Bilirakis said "Local governments are already struggling financially, so we must eliminate these types of wasteful federal mandates that continue to strain their budgets and consume taxpayer dollars." Young's legislation would not stop the production of the CCR, it would simply target the costly mailing requirement. Instead of llaving to mail the report to every customer, water systems that tested safe for the past year could choose to notify their customers of that fact on their monthly bill, while making the full CCR available on their website or by mail upon request. Water systems where tlie water tested unsafe would.still have to mail the CCR to their customers. i I � April 4, 2011 �ONGRESSIONAL RECORD —. Extensions of �Zemarks E623 2011 Congressional Youth Advisory Council the occasion of the Tourette Syndrome Asso- END UNNECESSARY COSTS � (C'(AC) from the Third District of Texas have ciation's annual National Advocacy Day, which CAUSED BY REPORT Marr,rnr ACT completed a totai of 500 community service was Thursday, March 31, 2011. � hours, fulfilling and far-surpassing the require- Tourette Syndrome is a neurobiological dis- [�j�N. C.�1�7. BI],�, YQ[J]vG I ments of their assigned CYAC in the Commu- order characterized by involuntary tics. It often OF FLORIDA nity service project. goes undiagnosed, but the Association esti- IN� gousE bF REPRESENTATIVES � I This year 46 students from public, private, mates that some 200,000 people in the United , '� � and .home schools in grades 10 through 12 States are known to have the disorder. No Mond¢y, APril 4, 2011 !� � � made their voices heard by joining CYAC. As definite cause has been found, but research Mr. YOUNG of Florida. Mr. Speaker, every �'i the .Third DistricYs young ambassadors to points to abnormal metabolism of a key brain year federal law requires community water j�;'li I Congress, these bright high school students hormone, spurred by a gene that is likely in- systems to spend thousands of dollars mailing . I,I met with me on a q�arterly basis to discuss herited. There is about a 50% chance of a a Consumer Confidence Report (CCR) few �'� current events and public policy. These im- parent with Tourette Syndrome passing it people actually read. Last week, thanks to the ii� i; pressive young people recognize an important along to their chiid and sons are three times Mayors' Council of Pinellas County, Florida `i!,�� truth: the heart of ublic service is found when more likety than daughters to exhibit symp- and several of my constituents, I introduced �"' giving back to the oommunity. CYAC students toms of Tourette Syndrome. H.R. 1340, the End Unnecessary Costs ; ��''i volunteered their time and talents with over 30 On Thursday I met with a young man from �yused by Report Mailing Act, which would j organizations including Adopt-A-Highway, my district, Jared Bloch, who passed along a end the maiiing requirement, saving our local �' Habitat for Humanity, Meals on Wheels, Teen letter written by his brother Tyler, who suffers communities money in this tough economic cli- �, � Court, and the USO, to name a few. As one from Tourette Syndrome. Below is the text of mate. �i �� student shared, "CYAC in the Community has the letter, but I wanted to quote one part: "i During the last reauthorization of the Safe j I I allowed me to realize my calling to serve love myself no matter who I am. Tourette's is Drinking Water Act, a pro�ision was included � i�l those in tlie U.S. Armed Forces." I am beyond an obstacle I can overcome and it helped me requiring each water system to annuaily '�!�i thrilled that CYAC has helped students un- become a much better person." Tyler is wise produce a CCR, which contains information on ' I I leash their full potential and chase their beyond his 12 years. I hope he can serve as the source and quality of water within a water �' II � I dreams. a role model for those with Tourette Syndrome system. This report is importart so that con- � �I and I ho e his famil can serve as an ins ira- President George H.W. Bush once said, "A P y p sumers are routinely informed about the safety I; volunteer is a person who can see what oth- tion for all of those who know someone with of their water. Every year approximately ; � � Tourette Syndrome. � I ers cannot see; who• can feel what most do 53,000 watervsystems are required to produce I i not feel. O ften, suc h gi fte d persons do no t Hello. M y name is T y1er B1och, i am 1a a C C R. H o w e v e r, w h i l e t h e r e p o rt i t s e l f c o n- I yea,rs old, and my hrother (Jared Bloch) is I II . think of themselves as volunfeers, but as citi- tains important information that should be � one of the ambassaflors you talked or will i zens--citizens in the fullest sense: partners in ta,lk to. I was diagnosed with Tourette°s syn- available, federal law also requires all water I I� civilization." ' arome in znd grade ana currently I am in the systems mail the report to every household. With this statement as a benchmark, I am 7th grade. The main reason I am writing this Water systems in my district have received �; �I proud to congratulate the members of the letter is because i w�,nted to tell you how Ts numerous complaints slnce the requirement � 20i0-2011 Congressional Youth Advisory ��ects my 1S�e and how it a.Yfects others. was implemented, including that mailing these� '� ThroughouL elementasy school and middle , Council for showing themselves to be out- reports is a waste of money and that it would I; i school I was n,lways questioned. "Why do you standing young citizens of this Nation. It is my do that?" "Why do you twitch like that?'� be more effective fo have a simple statement I privilege to submit summaries of their work to The only response I conld say was, "I don't on their bill that their water is cert'rfied safe. j the CONGRESSIONAL RECORD t0 be preserved l�ow.°• z was always a,fraid to tell people While the costs of printing and mailing these for posterity and antiquity. To these young about my condition because I thought people reports vary depending on the number of cus- public servants, thank you, and keep up the would laugh. Ai.though TS does not affect my tomers in the system, in 2009, printing and � great work! I salute you! academics, it affects my self control. I would mafling the CCR cost one water system in my �,;� I A copy of each submitted student summary always have the urge to ra,nt at the top of district $30,565 and another $6,785. � follows: my lungs, but I coul$n't. Every day I had to � I wait until I return home to get my energies My legislation would not stop the production � II I volunteered at "Dallt�,s ramps in Dallas, and tics out. of the CCR, it would Slmply target the costly � �!, TX in late Oetober. I served with 4MSL or lV�y femily has a tough tixne coping with all mailing requirement. Instead of having to mail �� I Yo Men's Service League. This was m9 the maghem in the house, but they try their the �epOrt to every Customel', WBter systems , �I 61th time to do Dallas Re.mps. I liked this be- best to ignore my loudness and that tested safe for the past year could choose 'I I; cause I was able to build somathing with my annoyingness. Once a week I would see a psy- to notify their customers of that fact on thei� �i i; hands and help my community at the same chiatrist and or a psycholooiet to tr9 to help motlthly blll while making the full CCR avail 'i ;� tirne. I built a ramp up to the building code ma. It is very hard to try to ftnd a local and I able on their website or by mail upon request. I in about 6 hours with the help of only four experienced psyehologist that could help me. i� �j other people. We used pressure treated w0od My mom always tries her best to find one. I Water systems Where the water tested unsafe �I ;� so it would last a.nd spent muoh time bnild- woul�l never really we.nt to go, but I had to w0uld still have to mail the CCR to their Cus- ing the ramp. The excitement of the recipi- in order to help my family and me. I alwa9s tomefs. ' f � i i. ent was iacredible to watch. It makes their feel horrible for my family because I tend to Mr. Speaker, at a time when local govem I , 'I ' life so much easier. Usually these people can be very annoying. I clap londly; yell loudly ment budgets are already strained it is unnBC �, barely walk or are confined to a wheelchair. get distracted, worry, and all these things essary to require that our local water systems '� ;� Now instead of struggling to climb up aad are very harsh on my family. {�I �I down stQirs or to be carried they have a nice I neoer mean any of these an.noying behav- mall the feport to every household when ad- non-steep raxnp they can easily walk down or iors, but that was the way I was bnilt. Noth- vancements in technology have provided alter- ,' up. �This helpe the low income people of onr �g can stop it. On the bright sifle, Tourette's natiVe fo�mats to diSt�ibUte this infol'mation. � I I societ9 �e�t are also handicap. eventaalls goes away, but for now I will have H.R. 1340 seeks to remove this burdensome �` I — Jake Lofman to try to do �y best. regu lation an d I urge my co l leagues to suppo rt I I� This program means a lot to me and I ap- this measure. i il' preciate all yovr hard work and dediaation R,ECOGNlZING THOSE W21'Ii to the TSA. Thank you so much and you �— i� have no idea how this makes me feel. It TOUR.ETTE SYNDROME ON THE HONORING THE LIFE OF CHARLES !I �iI shows that there is hope and that other peo- OCGASION OF THE TOURETTE MCGLASHAN �I SYNDROME ASSOCIATION'S p N_ Ple caxe. I could not ask for a better family. They love me, always try their best to help i !j ' , I NUAL ADVOCACY DAY me, make me langh, encl that is the perfect HO�. ],� C. w�0�� i � combination of a well-rounded fe,mi.19• I love oF CAI�oRNin H�� IS��, myself no tnatter who I e.m. Tourette's is an IN TFIE HOUSE OF R,EPRESENTATIVES � I obstacle I can overcome and it helped me be- OF NEW YORK come a much better person. Without TS I Monday, A�ril 4, 20II IN THE HOUSE OF REPRESENTA2RVE3 would not be the pereon i am today so this Ms. WOOLSEY. Mr. Speaker, I rise with a Mond¢y, April 4, 20I1 condition makea me myself a.nd there is hea heart toda to hbnor m friend, Marin � nothing I would change about that. � y y � �' Mr. ISRAEL. Mr. Speaker, I rise today to Sincerely, County 5upervisor Charles McGlashan, who � recognize those with Tourette Syndrome on Tsz�. S. BLOCa. passed away suddenly on March 27 at the ' 'I I i I .I 2011-07 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. URGING CONGRESS TO SUPPORT H.R. 1746, THE COMMUNITY ACCESS PRESERVATION ACT, WHICH ADDRESSES CRITICAL AND IMMEDIATE THREATS TO LOCAL EDUCATIONAL AND GOVERNMENT ACCESS CHANNELS. WHEREAS, public, educational and government (PEG) access channels axe one of the last surviving sources for local television programming across the country and play a significant role for Florida municipalities; and WHEREAS, PEG channels are a unique and valuable resource for local information and discourse for the residents of Florida; and WHEREAS, PEG channels televise local government meetings, including city commission, planning commission, county and school board meetings, so that citizens are informed about the actions taken by local officials; and WHEREAS, PEG channels are also utilized to communicate with citizens on municipal events and services and to provide emergency advisories and preparation directions to citizens; and WHEREAS, PEG channels provide a window through which residents ca.n view the diversity of cultures, educational information, recreational activities and artistic endeavors in their local community; and WHEREAS, PEG channels reflect the unique identiTy of the communities they serve; and WHEREAS, it is important to preserve PEG channels and funding for PEG channels, and to assure the channels continue to be available to the entire community to serve the citizens of Florida municipalities; and WHEREAS, H.R. 1746, the Community Access Preservation (CAP) Act, addresses critical and immediate threats to PEG by removing use restrictions on PEG access fees, restoring PEG revenue streams, and ending cable operators' discriminatory treatment of PEG channels; and WHEREAS, the CAP Act would a11ow PEG fees to once again be used for any legitimate PEG expense, instead of restricting PEG fees to capital expenses only. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities, Inc. urges members of Florida's Congressional Delegation to take all actions in support of the immediate passage of H.R. 1746, including, but not limited to endorsing, co-sponsoring and voting for H.R. 1746. Section 2. That a copy of this resolution be provided to the Florida Congressional Delegation and the National League of Cities. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85�' Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13 Day of August 2011. Joy Cooper, President Florida League of Cities, Inc. Mayor, Hallandale Beach ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff , Ah�tERICAN C�.MMU�IITY TEL�VISION The Community Access Preservatioit Act (the CAP Act) H.R. 1746 lntroduced by Conaresswoman Tammy Baldwin (D-'t�VT) Co-Sponsored by Congressman Steven LaTou.rette (R-OH) 1. It removes the distinction between "capital" and "operating" in PEG support fees. PEG support fees that are collected from subscribers by the cable operators can only be used for "capital and equipment" and not for operational overhead. The CAP Act will eliminate that part of the Telecommunications Act that prevents PEG centers from using PEG support for their operating expenses. Right now, access centers are closing their doors because even though they receive rnoney for buildings and equipment, they do not have or are losing money for operations. The CAP Act will allow centers to spend the PEG support fees as they see fit to keep the centers open and keep the channels on the air. The CAP Act will save or create over 8,400 jobs nationwide.' 2. Makes sure local governments can secure funding for PEG channels in exchange for cable operators' use of public rights-of-way and makes sure local government can have PEG channels. For twenty-seven years, federal law has recognized the importance of allowing local government to ask cable operators for PEG channel funding in exchange for use of local rights of way. The CAP Act restores that ability to local government subdivisions in those states that passed statewide/state-issued franchising laws. The CAP Act provides that PEG channels will receive funding equal up to the historical support it received prior to the damaging statewide/state issued franchising laws to the amount that operators are required to pay under the new statewide/state issued franchising laws— OR up to 2% of the gross revenue of the cable operator--whichever is greater. It also makes sure local government can get a PEG channel if they do not have one, up to three. 3. It makes sure that cable operators transmit the PEG channels without charge to the local government. This is an important point because in several places cable operators are claiming they can charge local governments for the transmission of the channels. Cable operators are demanding several thousand dollars per yeax per channel for transmission. This must stop! 4. It requires the FCC to undertake a study on PEG. The FCC will be required to undertake a study within 180 days of the passage of CAP to analyze the effect of statewide/state issued franchise laws that have passed. It also requires an analysis of the impact of digital conversion on PEG. And it calls for the FCC to make recommendations for changes to the Telecommunications Act to preserve and advance PEG, broadband and localism. 1 1obs Survey conducted by ACT July 2010 � In states that have passed such laws since 2005. No Text 2011-08 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. OPPOSING PROPOSED AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD GR.ANT CERTAIN TAX BREAKS TO SOME TAYPAYERS AT THE EXPENSE OF OTHER TAXPAYERS. WHEREAS, a proposed constitutional amendment sponsored by the Florida Legislature will be placed on the 2012 general election ballot as "Amendment 4"; and WHEREAS, this proposed constitutional change reduces the current assessment limitation on non-homestead real property from 10 percent to 5 percent; and WHEREAS, the proposed amendment grants first-time homesteaders an additional homestead exemption equal to 50 percent of just value of the property up to the county median home value; and WHEREAS, the proposed amendment creates an"Anti-Recapture" provision that allows the Legislature by general law to prohibit increases in the assessed value of homestead property if the just value of the property decreases; and WHEREAS, the non-homestead assessment cap reduction and the first-time homesteader provision only apply to non-school property t�es; and WHEREAS, the Florida Revenue Estimating Conference estimates that the FY 2015-16 impact will be $607 million, and of that, the non-homestead assessment cap will be $430 million; and WHEREAS, Amendment 4 shifts the tax burden to new or growing businesses, creating a competitive disadvantage for new businesses who would have to pay higher property taxes than their more established counterparts; and WHEREAS, Amendment 4 creates inequities for non-homestead properties by allowing identical properties to be taxed differently; and Amendment 4 extends the sunset provision already in the Florida Constitution from 2019 to 2023, which allows these inequities to be in place longer; and WI�REAS, over the last few years, several property tax initiatives, including additional homestead exemptions, Save Our Homes Portability, and sta.tutory millage caps, have also contributed to the unequal treatment of Florida's taxpayers. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities, Inc, urges Floridians to carefully consider the potential adverse consequences of Amendment 4 before voting in the 2012 general election. Section 2. That the Florida League of Cities, Inc. urges Florida's residents to vote no on Amendment 4 on the 2012 General Election ballot. Section 3. That a copy of this resolution be provided to the membership of the Florida League of Cities, Inc. and other interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85�' Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13 Day of August 2011. Joy Cooper, President Florida League of Cities, Inc. Mayor, Hallandale Beach ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff Initiative Information Page 1 of 2 F�r�rida De��ent c�f ,t�e �ivi�i�rr� c�f �l��ti�r�� PROPERTY TAX LIMITATIONS; PROPERTY VALUE DECLINE; REDUCTION FOR NONHOMESTEAD ASSESSMENT INCREASES; DELAY OF SCHEDULED REPEAL Reference: ARTICLE VII, SECTIONS 4, 6& ARTICLE XII, SECTIONS 27, 32, 33 Summary View Full Text (�d� (1) This would amend Florida Constitution Article VII, Section 4(Taxation; assessments) and Section 6(Homestead exemptions). It also would amend Article XII, Section 27, and add Sections 32 and 33, relating to the Schedule for the amendments. (2) In certain circumstances, the law requires the assessed value of homestead and specified nonhomestead property to increase when the just value of the property decreases. Therefore, this amendment provides that the Legislature may, by general law, provide that the assessment of homestead and specified nonhomestead property may not increase if the just value of that properly is less than the just value of the property on the preceding January 1, subject to any adjustment in the assessed value due to changes, additions, reductions, or improvements to such property which are assessed as provided for by general law. This amendment takes effect upon approval by the voters. If approved at a special election held on the date of the 2012 presidential preference primary, it shall operate retroactively to January 1, 2012, or, if approved at the 2012 generai election, shall take effect January 1, 2013. (3) This amendment reduces from 10 percent to 5 percent the limitation on annual changes in assessments of nonhomestead real property. This amendment takes effect upon approval of the voters. If approved at a special election held on the date of the 2012 presidential preference primary, it shall operate retroactively to January 1, 2012, or, if approved at the 2012 general election, takes effect January 1, 2013. (4) This amendment also authorizes general law to provide, subject to conditions specified in such law, an additional homestead exemption to every person who establishes the right to receive the homestead exemption provided in the Florida Constitution within 1 year after purchasing the homestead property and who has not owned property in the previous 3 calendar years to which the Florida homestead exemption applied. The additional homestead exemption shall apply to all levies except school district levies. The additional exemption is an amount equal to 50 percent of the homestead property's just value on January 1 of the year the homestead is established. The additional homestead exemption may not exceed an amount equal to the median just value of all homestead property within the county where the property at issue is located for the calendar year immediately preceding January 1 of the year the homestead is established. The additional exemption shall apply for the shorter of 5 years or the year of sale of the property. The amount of the additional exemption shall be reduced in each subsequent year by an amount equal to 20 percent of the amount of the additional exemption received in the year the homestead was established or by an amount equal to the difference between the just value of the property and the assessed value of the property determined under Article VII, Section 4(d), whichever is greater. Not more than one such exemption shal! be allowed per homestead property at one time. The additional exemption applies to property purchased on or after January 1, 2011, if approved by the voters at a special election held on the date of the 2012 presidential preference primary, or to property purchased on or after January 1, 2012, if approved by the voters at the 2012 general election. The additional exemption is not available in the sixth and subsequent years after it is first received. The amendment shall take efFect upon approval by the voters. If approved at a special election held on the date of the 2012 presidential preference primary, it shall operate retroactively to January 1, 2012, or, if approved at the 2012 general election, takes effect January 1, 2013. (5) This amendment also delays until 2023, the repeal, currently scheduled to take effect in 2019, of constitutional amendments adopted in 2008 which limit annual http://election.dos.state.fl.us/initiatives/initdetail.asp?account=l0&seqnum=80 7/6/2011 Initiative Information Page 2 of 2 assessment increases for specified nonhomestead real property. This amendment delays until 2022 the submission of an amendment proposing the abrogation of such repeal to the voters. Sponsor: The Florida Legislature Status: Active Made Ballot: 06/21/2011 Ballot Number: 4 Election Year: 2012 r,�r:�iv�:�a^' , �teact�er http://election.dos.state.fl.us/initiatives/initdetail.asp?account=l0&seqnum=80 7/6/2011 2011-09 A RESOLUTION OF THE FLORIpA LEAGUE OF CITIES, INC., ASKING THE FLORIDA LEGISLATURE TO ADOPT A PROPOSED AMENDMENT TO ARTICLE X, SECTION 4 OF THE FLORIDA CONSTITUTION THAT PROHIBITS THE APPLICATION OF THE PROVISION TO PROPERTY REPEATEDLY AND HABITUALLY USED FOR CRIMINAL ACTIVITIES. WHEREAS, Section 4 of Article X of the Florida Constitution provides homestead property sha11 be exempt from forced sale under process of any court, and further provides no judgment, decree or execution shall be a lien on the property; and WHEREAS, said provision contains certain exceptions to the exemption of homestead property from forced sale, including the failure to pay taxes and assessments on the property, the failure to pay for the property or for improvements or repairs to the property, and the failure to pay for labor performed on the property; and WHEREAS, the Florida Contraband Forfeiture Act authorizes the forfeiture of property that is repeatedly and habitually used for criminal activity; and WHEREAS, the courts have held Section 4 of Article X of the Florida Constitution prohibits the forfeiture of homestead property, regardless of the fact that it has been repeatedly and habitually used for criminal activities; and WHEREAS, the courts' construction of the constitutional provision promotes the use of homestead property for criminal activities, prevents the equal application of the forfeiture laws to all properties, and undermines the ability of law enforcement to protect the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED, BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities urges the Florida Legislature to adopt a proposed amendment to Section 4 of Article X of the Florida Constitution that prohibits the application of the provision to homesteaded property that is repeatedly and habitually used for criminal activities. Section 2. That a copy of this resolution be provided to the membership of the Florida League of Cities, and other interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 85 Annual Conference, at the Orlando World Center Marriott, Orlando, Florida, this 13� Day of August 2011. Joy Cooper, President Florida League of Cities, Inc. Mayor, Hallandale Beach ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: City of Fort Myers "'"'�ii) GF � " �� V / CJ (f�l/(/ ��,_�_ �JRSk1YEF.S FLDp/U,� C/ � � /W • • ✓V • E/�+��IiC/�/I/ � �� ..� ,�� ' t/�' ;.r�:.�r'r�j;; � ��.�IG��i�1� June 30, 2011 Michael Sittig, Executive Director rforida Leagne of Cities P,O. Box 1757 Tallahassee, FL 32303-1757 Re: Resolution to Amend Article X, Section 4 of the State Constitution for Consideration by the Florida League of Cities Resolution Coxnmittee Dear Mr. Sittig: This letter is provided in response to the Florida League of Cities' request of May 19, 2011 for municipalities to submit proposed resolutiflns to the League by July b, 2011. Please find attached the resolufion and backgroi.md memo to amend Article X, Section 4 of the Sta.te Constitution to support law enforcement efforts to abate criminal nuisance pmperties by providing an exception to homestead protecting to allow property forfeiture when a clear nexus exists between the property and criminal activity, The issue will be presented to the City Council for adoption at the August 1, 2011 City Council meeting as a component of the 2012 City Legislarive Agenda. The City requests tlie resolution and supporting materials he forwarded to the Resolutions Committee for consideration in its anticipation of the formal resolution. In addition to the above resolution request, the City opposes Amendment 4 on the 2012 Referendum Ballot that iimits local govemment taxation through the reduction of non-homestead assessment increases. This issue will be included in the 2012 City Legislative Agenda. The City appreciates the conrinued efforts of the League and looks forward to a continued partnership to advance municipal issues. Sincerely, �1G��° � William P. Mitchell City Manager WPM:MC cc: Honorablc Mayor and City Council Marvin Collins, Assistant City Manager Douglas E. Baker, Chief of Police Rebecca O'Haze, Director Legislative Affa'vs and Communication Department 2200�is�o�atG��ee�i • . �lomid,a�.p.Y9aJ • f239�32�1-7"022 ' �aar�2�39JJ�t-5909 �'es�.t�dd�teae.• �'G Bcar227T • �asG��►os ��o�t,id�.Q.?902 --- �. i !a • � � � • - '� I••. �; { I N i�„ .i I L � � il/IEI�'(7RA11lflU1V1 � I TO: Wiiliam �', Mitchell, City Manager l I f FRflI�: Chief Dougfas E. Bak r � DAT�: June �4, 2091 � i R�: ForF�i#ure �f �t�a! Praperfiy — Issue for 2�'i 2 Flarida LegIslative � Ses�ion I I i Pursuant to your June 8, 2�91 memo regardirtg issu�s ta be added to fhe City of Fort �� Myers' 2012 �egislativ� Agenda, belaw is an issus that h�s become mnre prevalent in ! recent years thaf pertains �o the forfeiture af reai properry. I ; The Florida Contr�band Forfeiture Act, §§ S3Z.701�932-707 is the statutory authority for � state asset forfeiture. Currentfy we ttave the ability to file a notic� pf seizure and an � adv�;rsaria! pr�ltminary hearing for the purpose of #irtding prababJe cause is h�id. The City must estabtish a nexus between fihe seized property ancf the criminal aetivity by clear and con�irrcing evidence. A home can be forfeited to the City when probable cause is found that ilfegal harcotics and contraband are occurring on the property and a public nuisance is � being created. However, the Caurf upheld. in Butferworth v. Cay,giano, 605 So. 2d S6 (Fla. 9 992) that i Ar�icfe X, §§ 4 af the Florida Constitution prohiEaits fhe forteiture ofi real property which is homestead prnperty. When fhis type af acfivity occurs, individuals are arre�fied although the activity may start-up i again when they �re ref��sed frnm jail or other individuefs at the focation continue to j participafe in the if(egal activity. The abilfty tv seize the property eliminates criminal acfivt�ty i fram accurring at that location. However, when the property is homestead property we are ; unable to seize the property and put an end to the illegal activity. Not only is the illegai acfivify a caneern usua�ly thesa types af propert�es are not maintained and cause additional issues for the Ciry, 1 be(ieve this issue to be a concern and something that the City should pursue during the � 2012 Legislative Session. � i Please contacf ine if you have gny questions. . DEB/dee