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Legislative Action Plan (2010) (Clean)City of South Miami 2010 Legislative Action Plan  Fausto B. Gomez Legislative Consultant 2350 Coral Way, Suite 301 Miami, Florida 33145 (305) 860-0780 (Telephone) (305) 860-0580 (Facsimile) fgomez@gomezbarker.com City of South Miami Legislative Principles State Government should focus on state-level issues and allow cities to operate with minimal state interference. The City of South Miami will oppose legislation that increases the involvement of state government in municipal affairs and preempts local governing prerogatives. For Florida’s economy to proper, cities need to succeed. The City of South Miami will promote state investments in municipal infrastructure in order to support revitalization as well as create jobs. This will include funding for local transportation projects, wastewater and stormwater improvements, park and recreational activities, and green technologies and energy-saving initiatives. State Government should not be allowed to continue disrupting the relationship between citizens and their city elected officials’ authority to make decisions impacting the provision of municipal services and quality of life. The City of South Miami will oppose additional arbitrary limits on property assessments, municipal expenditures, and local revenues. State Mandates should be funded with state resources and should not tap local tax dollars. The City of South Miami will fight against unfunded mandates and support policies that require full funding of state initiatives and mandates to cities. *Note: As the legislative session proceeds the time urgency to making adjustments and clarifications to these priorities becomes extremely critical. Therefore, the City Manager is authorized after consultation with the Mayor and individual members of the City Commission to make limited adjustments to these priorities, direct the lobbyist, and inform the Commission. City of South Miami 2010 Legislative Priorities Legislative Policy or Priority Financial Stormwater and Wastewater Initiatives Financial U. S. 1 Transportation Corridor Financial Traffic Calming Financial Recreation/Open Space Financial Housing and SHIP Funding Financial (Madison Square and Single Sight Affordable Housing) Unfunded Mandates Financial Ludlum Road Historic Designation Policy Red Light Cameras Policy Green Corridor Policy Public Service Commission Policy (Undergrounding and Transmission Lines) Property Foreclosures Policy Outdoor Advertising Policy Revenue Caps Policy Local Government Revenue Collections Policy Bert J. Harris Act Policy Use of Electronic Communications while Driving Policy Issue Campaigns Policy Sexual Offenders and Predators Policy Pension Reform Policy Senior Services/Independent Special Districts Monitor Community Residential Homes Monitor Dangerous Dogs Monitor School Speed Zones Monitor Standards of Official Conduct Monitor Public Works Projects Monitor Municipal Elections Monitor Florida Energy and Climate Commission Monitor City of South Miami 2010 Narrative Summary of Legislative Priorities Financial Stormwater and Wastewater Initiatives The City of South Miami supports grant and legislative line item funding that enhances local financial capacity to address water resource and water supply development. The City further supports enhanced funding of the Water Protection and Sustainability Program within the Department of Environmental Protection for comprehensive water supply infrastructure needs. Specifically, South Miami requests $1.5 million for Sunset Drive Drainage Improvements (from S. W. 62nd Avenue to S. W. 69th Avenue) and $500,000 for Citywide Drainage Improvements – Phase VI (from S. W. 74th Street to 80th Street on 59th Avenue and from S. W. 58th to 59th Avenues on 74th Terrace). The Sunset Drive Project would increase pervious areas by widening of the landscape median and improve the existing drainage system along the corridor. This initiative would protect homes and businesses from flooding events. The drainage retrofits that are a part of the Citywide Improvements are incorporated in South Miami’s Master Plan and would eliminate soakage pits and replace those with exfiltration systems. This is necessary to meet changes in regulatory standards and as a consequence of the City’s aged drainage systems. U. S. 1 Transportation Corridor The City of South Miami supports grant and legislative line item funding in the amount of $1.1 million to supplement the $1.5 million obtained in the 2008 legislative session in order to implement pedestrian safety improvements to South Dixie Highway within the City limits. The proposal would convert that funding from an overpass to at-grade safety improvements and the additional requested would be used for signalization, cross-walk timed signals, and median safety areas. The purpose of these enhancements is to allow South Miami residents to cross this 100 foot, 6-lane highway with increased security. The City’s legislative team previously met with Florida Department of Transportation Secretary Stephanie Kopelousos and District Six Secretary Gus Pego and secured approval, pending detailed engineering plans, for these modifications. Traffic Calming The City of South Miami supports grant and legislative line item funding in the amount of $500,000 for the Mango Terrace Traffic Calming initiative (from S. W. 72nd Street to 80th Street and from S. W. 67th Avenue to 69th Avenue). Recreation/Open Space The City of South Miami requests continued funding for the Florida Forever Program and the Florida Recreation Development Assistance Program (FRDAP). The Florida Forever Program has helped local governments purchase land for parks, recreation, open space and conservation. For the first time since its inception, Florida Forever was not funded during the last legislative session but Governor Charlie Crist has recommended it at a level of $50 million in his proposed Fiscal Year 2011-12 budget. The Florida Recreation Development Assistance Program (FRDAP) has been a successful funding vehicle for South Miami’s park development and recreational efforts and has helped leverage local dollars. During the last ten years the City has received monies from this source for Murray Park Improvements, Murray Park Pool (development), Dante Fascell Park Improvements, Palmer Park Improvements, and the Dison Property acquisition. FRDAP was also not funded last legislative session, but is recommended in the Governor’s proposed Fiscal Year 2011-12 at a token level if $2,200,000. South Miami is particularly interested in securing FRDAP support for restroom facilities, shelters, and a playground at South Miami Park. The request for these is the maximum grant allocation of $200,000. Alternatively, $50,000 is requested for Dante Fascell Park for ADA complaint restroom facilities and upgrade of the tennis courts. Housing and SHIP Funding (Madison Square and Single Sight Affordable Housing) The City of South Miami supports funding of the State Housing Initiatives Partnership (SHIP) Program providing for the rehabilitation of low-income housing, down-payment assistance for first-time low and moderate income homebuyers, and funding for other qualified affordable housing initiatives. In recent years the Legislature has capped funding for the SHIP program funded under the Sadowski Act as a percentage of the document stamp tax revenues. This action has diverted hundreds of millions of dollars to the State’s general fund rather than to the SHIP program. Although housing prices have fallen, credit requirements have tightened and the need for down payment assistance is as important as ever. At the same time, older housing continues to deteriorate so the need for rehabilitation funding for low-income homeowners is increasing. Unfunded Mandates The City of South Miami supports strengthening the prohibition on existing and new unfunded mandates, enhanced quantification of the costs to cities, and the allocation of full funding from state sources whenever unfunded mandates are identified. A central feature of Florida's system of public finance is a division of revenue sources and service-delivery responsibilities between government at the state and local levels. Since 1940, the authority to levy ad valorem taxes on tangible property has been constitutionally restricted to local governments. All other forms of taxation are preempted to the state. Since at least the early 1970s, this division of resources between state and local government has become increasingly imbalanced. Many statutory and constitutional restrictions have been placed on local property taxes, while at the same time local governments have been assigned unfunded mandates in numerous policy areas. For example, between 1969 and 2008, 113 amendments to the Florida Constitution have been approved by voters. Thirty-nine amendments affected the fiscal capacity of state or local government. Of these, 82% originated in the Legislature. Most of the amendments proposed by the Legislature increased the fiscal capacity of the state government (85%) but decreased the fiscal capacity of local government (69%).* In 1990, voters amended the Florida Constitution to exempt counties and cities from future unfunded mandates unless the legislation is approved by a two-thirds membership vote of each house. However, the unfunded mandates amendment has had little lasting effect on the frequency with which unfunded mandates have been enacted. The cost of compliance is borne by city taxpayers at the expense of city priorities and municipal officials are held accountable for fiscal decisions over which they have no control. *Data assembled and published by St. Johns County Government. Policy Ludlum Road Historic Designation The South Miami Commission approved the historic designation of Ludlum Road and the following language will be amended onto a transportation designation bill: “67th Avenue (Ludlum Road) from Bird Road to SW 80th Street is hereby designated as a state historic road. No public funds shall be expended for any of the following purposes: To cut or remove any tree having a diameter at its thickest part in excess of six inches within thirty-five feet of either side of the paved surface of the road, or of the road, or to engage in an activity which requires the removal without the replacement of such a tree. The alteration of the physical dimensions or location of 67th Avenue, the median strip thereof, or the land adjacent thereto except: The routine or emergency utilities maintenance activities necessitated to maintain the road as a utility corridor The modification or improvements made to provide for vehicular ingress and egress of governmental safety vehicles Alterations, modifications, or improvements made for the purpose of enhancing life safety vehicular use or pedestrian use of 67th Avenue, or both as long as such alterations, modifications, or improvements are heard in a public hearing and subsequently approved by the City Commission of the City of South Miami. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of the road or structures, provided the physical dimensions and location of the road and the appearance of any structure are preserved. However the preservation of the road shall take priority over considerations of traffic management, and the public safety shall not be construed to require alterations in the road when alternative means of promoting safety, including more restrictive traffic regulations, are available.” (SB88, SB176, SB180, SB520, SB868, SB1026, SB1266, SB1698, SB1744, HB5, HB29, HB321, HB643, HB827, HB839, HB841). Red Light Cameras The City of South Miami supports this initiative and the statewide acceptance of this technology and enforcement effort. Remote violation technology is used in other areas of the country and is being tested in some Florida jurisdictions via adoption of local ordinance. Acceptance statewide would serve to ensure that this technology is used and seen as a serious effort to reduce both red light violations and traffic crashes. (SB168, SB294, HB325) Green Corridor The City of South Miami supports legislation that would create a voluntary special assessment program which would assist in the financing of renewable energy producing devices permanently attached to developed private parcels. Public Service Commission (Undergrounding and Transmission Lines) The City of South Miami supports legislation that would make all communications public between a Public Service Commission (PSC) member and his or her staff and a representative of a utility; require that all persons who testify at a PSC meeting disclose any financial relationship with any utility; and prohibits former commissioners and staff from lobbying the legislative or executive branch of government for two four years after the termination of their service. (SB1034, SB1084, HB565, HB533) The City further supports legislation requiring that the cost of undergrounding any electric transmission line which predominantly carries excess capacity to the grid be borne by all ratepayers and not only those affected by the path of said line. Additionally, South Miami will monitor SB892 by Bennett and HB691 by Murzin that clarifies legislative intent that the state has exclusive power to regulate underground facilities. Property Foreclosures The City of South Miami supports legislation that provides increased lien superiority for municipal repair and maintenance liens on properties that have undergone foreclosure proceedings. Public Notice The City of South Miami supports legislation that authorizes municipalities to provide public notice and advertising by means other than newspapers, such as direct mailings, government access television channels, Internet posting, and other suitable alternatives. Ad valorem millage-setting notices would continue to be provided in newspaper ads. (SB376). Outdoor Advertising The City of South Miami opposes any legislation or amendment that would pre-empt local regulation of outdoor advertising, including billboards, bus benches, and signs. (HB763, PCB RBP 10-03) Revenue Caps The City of South Miami opposes artificial or “one size fits all” caps on revenues and expenditures. If the Legislature chooses to move forward with a Taxpayer Bill of Rights (TABOR) proposal, such proposal must address the following principles: Any revenue cap proposal must include a complete prohibition on unfunded mandates to local governments or an exemption of any unfunded mandates from the cap; Any revenue cap proposal must apply equally to all levels of government in Florida, including state government; Any revenue cap proposal must focus on revenues or expenditures, but not both. The following revenue sources should be exempt from any revenue cap proposal: Proprietary funds; State and federal funds; Referendum expenditures, if any; One-time revenues including but not limited to donations, grants, sale of property, settlement of disputes, etc.; Revenues committed to the repayment of debt; Franchise fees and contractual revenues; Revenues from voluntary recreational services; and Funds received or expended in response to a catastrophic event. Any revenue cap proposal should include a “time-out” provision in case it becomes necessary to suspend the revenue cap proposal. Any growth multiplier should reflect the inflation of the expenses incurred by local governments in providing services to citizens. Local Government Revenue Collections The City of South Miami supports allowing municipalities to contract with private attorneys or collection agents to collect taxes and fees that are at least 90 days past due. (SB590, HB559) Bert J. Harris Act The City of South Miami opposes legislation that weakens or removes the sovereign immunity provisions in the Bert J. Harris Act. Use of Electronic Communications While Driving The City of South Miami support legislation prohibiting the use of electric wireless communication devices while driving. This is aimed at texting. (SB168, SB244, SB324, SB326, SB328, SB374, SB448, SB522, SB592, SB1144, HB 41, HB221, HB323, and HB893). Issue Campaigns The City of South Miami supports legislation to remove any restrictions on municipalities when they make expenditures in issue campaigns. Sexual Offenders and Predators The City of South Miami supports efforts to reach a compromise regarding residency distance requirements and no loitering zones. (SB1284, HB119). Pension Reform The City of South Miami will support legislation that provides comprehensive municipal pension reform. Any pension reform package should address the issue of statutorily disability presumptions, and maximum benefits should be based on actual base salary, rather than salary plus overtime. Additionally, the state should provide incentives for transitioning to alternative pension programs, such as the Florida Retirement System or defined contribution plans and revisit the issue of insurance premium tax revenues and the issue of “extra benefits.”