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2014 Federal Legislative PrioritiesMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2014 Federal Legislative Priorities DATE: February 13, 2014 Dubuque band AI- America City 1 2007 • 2012 • 2013 Assistant City Manager Teri Goodmann has worked with the Department Managers and City Manager's Office Administrative Assistant to develop a set of recommended 2014 Federal Legislative Priorities and is recommending adoption of the attached priorities I concur with the recommendation and respectfully request Mayor and City Council adoption of the 2014 Federal Legislative Priorities. Michael C. Van Milligen MCVM:ds Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer 2014 Federal Legislative Priorities TRANSPORTATION 14th Street Railroad Overpass The Canadian Pacific Railroad travels through the urban core of the City with numerous at -grade crossings on local city streets in the downtown area. With an approximate 15- 20 trains passing through Dubuque on a daily basis, this impedes the ability for pedestrian, vehicles, commercial traffic and emergency responders to access the northeast segment of the City. Rail transport through Dubuque will continue to negatively impact existing at -grade crossings which could potentially be blocked more frequently and for longer periods of time. The City of Dubuque's East — West Corridor would be crippled. In 1958, a planning level study was developed for a bridge crossing over the railroad at 14th Street. A 14th Street Overpass would provide an unimpeded elevated crossing over the railroad tracks thus provide unimpeded access to the Kerper Blvd Commercial Business Park, the redeveloped 16th Street Corridor, the tourism and recreational amenities on Schmidt Island, the Highway 61/151 into Wisconsin, the Washington and Northend Neighborhoods, the Historic Millwork District and Downtown. Included in the project is implementation of the Complete Streets Concept from, and including, the 5 points intersection to 11th Street or Elm Street. The City will pursue funding opportunities at the federal level through application to TIGER, TSCP and other transportation infrastructure programs. Bee Branch Bike — Pedestrian Railroad Overpass The bike /pedestrian bridge over the CP Railroad will provide an off- street trail between the 26- mile Dubuque County Heritage Trail and the Mississippi River that does not exist at this time. The Dubuque County Heritage Trail links Dubuque to Dyersville. The project will be part of the City's 18 -mile network of on- street routes and off -road trails connecting the north end of the city with the riverfront, the downtown area, City parks, and the Mines of Spain State Recreational Area on the south end of Dubuque. The Bee Branch Creek Trail -- MRT Route will join with miles of other trails that line Dubuque neighborhoods, skirt the Mississippi River, and wind through steep hills all within the city limits. The trail project will enhance connections to the pedestrian grid via vehicular and pedestrian bridges- links to public spaces, like Comiskey Park, and the Great River Road. The Bee Branch Creek Trail -- MRT Route will extend the North End 1 Neighborhood Trail, an off -road trail from 24th Street to 32nd Street in a former railroad right -of -way along Elm Street. The project will be built on a currently vacant and level site that will be accessible from sidewalks and bike /hike trails that will link to neighborhood streets. Southwest Arterial — Prolect Status Update Dubuque � Dubu ue Industrial Center '� ��'t�r� �� *p� r •� aw(� �� Mum 441. Industrial Center West ♦ �~ 4 Dubuque Technology Park Key • Southwest Arterial Highways /Streets /Roads • Dubuque City Limits �l S The Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque Development Corporation have all identified the completion of the Southwest Arterial project as the No. 1 surface transportation priority in the Dubuque area. The proposed Southwest Arterial project will be a 6.1 -mile four - lane divided freeway with priority 1- access control between Highway 61/151 and Highway 20. Economic Development Dubuque is the regional economic center for the Iowa, Illinois and Wisconsin tri -state area. With local international companies such as the John Deere Dubuque Works, Nordstrom Distribution Center, McGraw-Hill Publishing Company, A.Y. McDonald Manufacturing, Flexsteel Industries, Kendall /Hunt Publishing, and the Hormel Food Corporation, it is critical to construct the Southwest Arterial as an alternate, direct route for commercial traffic through southwestern Dubuque. The Southwest Arterial project will significantly improve the efficiency and safety of the regional highway transportation 2 network that is vital for the statewide, national and global distribution of local commerce and the continued growth and sustainability of the strong regional economy. Traffic Congestion on Local Street Network Mobility Benefits The Southwest Arterial project will connect two growing sections of the community together and will support future anticipated expansion growth to the southwest of the City toward the Dubuque Regional Airport. The Southwest Arterial will also provide an efficient bypass around the City thereby reducing travel times and minimizing delay by reducing traffic volumes and congestion on the local street system. Environmental Benefits The Southwest Arterial project will provide an alternate, direct and efficient route for traffic through southwestern Dubuque, which will provide significant travel time savings by avoiding the numerous signalized intersections on Highway 61/151, Highway 20 and Central Avenue (Hwy 52/3) through Dubuque, thereby providing fuel energy savings, reducing vehicle emissions and improving air quality. The Southwest Arterial project will be designed and constructed with forward thinking sustainability initiative incorporated, which will include an environmentally and resource sensitive highway corridor, an integrated bike / pedestrian trail with amenities, and Intelligent Transportation System (ITS) technology. Current Status 3 The preliminary engineering design phase is completed and the Southwest Arterial project is now proceeding with the final engineering design phase, right -of -way property acquisition and archaeological and cultural resource phase III mitigation work. Final Engineering Design In March, 2009, the City approved the selection of AECOM to complete the final engineering design phase. On August 27th, 2009, the City received official Iowa DOT notification that the FHWA has given approval for AECOM to precede with the final design phase. The technical design team is currently working on final engineering design elements, including: interchange layout and configuration, bridge and structures design, geotechnical subsurface investigation, sustainable highway design concepts, architectural and landscape enhancement concepts, wetland delineations and mitigation. Property Acquisition The City and the Iowa DOT property acquisition staff are currently proceeding with right - of -way property acquisition for the 52 impacted properties. As of January 2014, the City has purchased 26 properties and has expended approximately $5.86 million in eligible acquisition costs. There are currently 13 properties that are temporarily on -hold which are impacted by the design development of the U.S. 20 Interchange and the U.S. 61 -151 Interchange locations. Another 2 properties are currently having the acquisition and review appraisals updated so that they can be released to begin acquisition negotiations. The acquisition process for these properties is expected to begin as soon as the final interchange configurations are approved by Iowa DOT, which is expected to be later in 2013. There are currently 5 properties that are temporarily on -hold while the City works to obtain gas pipeline utility relocation agreement with BP Pipeline. Once the agreement is in- place, BP will provide the necessary utility relocation design so that the appropriate easements can be obtained from the respective property owners. The City is optimistic that said agreements can be in -place within the next 30 -60 days. Another 4 properties along U.S. 20 are temporarily on -hold while the City in joint partnership with the Iowa DOT completes the Traffic Capacity Improvement Location Study (Iowa DOT Project No. NHSN -20 -9 (215)-- 2R -31) along U.S. 20 between the Southwest Arterial / Seippel Road interchange and the Northwest Arterial. As part of the American Recovery and Reinvestment Act (ARRA), the City and County have committed all of the local transportation funding, $2.9 million, for the purchase of property for the Southwest Arterial. As of March 2011, all ARRA stimulus funding has been expended. Archaeological and Cultural Resource Mitigation In the summer of 2010, work began on the archaeological and cultural resource mitigation phase of the project. As of December 2013, approximately 90% of the 4 mitigation sites have been completed. The remaining mitigation sites will be completed as those respective properties are acquired and prior to the start of construction. Construction To maximize available funding while continuing to advance the development of the project, the City is moving forward with a phased approach to construct Southwest Arterial improvements that will provide immediate public benefits and create significant construction efficiencies for the future grading and paving of the four -lane freeway between Highway 20 to Highway 151/61. The f i r s t phase of construction, the North Cascade Road project (stage I I grading and paving) was substantially completed by December 2014. The project provided for the reconstruction (grading, paving & bridge) and realignment of North Cascade Road which will allow the Southwest Arterial to travel under the new North Cascade Road Bridge. The second construction phase, the English Mill Road reconstruction project, is scheduled for bid letting in the summer of 2014 and will involve side road improvements that will allow the highway to travel under the new English Mill Road Bridge. The third construction phase, the Military Road reconstruction project, is scheduled for bid letting in the fall of 2014 and will involve side road improvements that will allow the highway to travel under the new Military Road Bridge. Project Cost Based on current funding levels, an alternate interim phase under consideration would provide for the grading of four -lanes between Highway 151/61 to Highway 20, pave two - lane highway between Highway 151161 to Highway 20, with interchanges at Highway 151/61 and at Highway 20. The preliminary cost projection for the interim two -lane highway is $116.7 million. The current available funding for the Southwest Arterial is $66.4 million, and is summarized as follows: Total Funding Projection Summary Status Amount Total Federal Funds Committed $ 32, 860,720 Total State Funds Committed $ 45,000,000 Total Local Funds Committed $ 7,152,913 Total Federal / State / Local Funding: $ 85,013,633 At current funding levels, there is a $32 million funding shortfall for the Southwest Arterial to complete the interim 2 -lane highway between Highway 20 and Highway 61/151. The preliminary cost projection for the complete four -lane freeway project is $135,000,000. The Southwest Arterial project remains the No. 1 surface transportation priority in the Dubuque area and other funding strategies are being evaluated to ensure that this project continues to moves forward. 5 Funding Since January 2013, the City has had several positive meetings and on -going discussions with the Iowa DOT regarding the potential Transfer of Jurisdiction (TOJ) for the continued development and advancement of the Southwest Arterial. The on -going collaborative discussions have resulted in the Iowa DOT preparing a Memorandum of Understanding (MOU) between the City and the State. Due to the monumental and historic significance of executing the MOU for the Southwest Arterial Project, the City in partnership with the Iowa DOT held a Signing Ceremony and Reception on August 9, 2013. The following is a brief summary of the overall intent and principle objectives as set forth when developing the MOU: • The Iowa DOT proposes to re -route a portion of U.S. 52 in Dubuque County; and • The City is developing the Southwest Arterial which will connect U.S. 20 to U.S 61/151; and • The Iowa DOT proposes to utilize the Southwest Arterial to carry a portion of re- routed U.S. 52 traffic; and • The Iowa DOT and City, in joint cooperation propose to transfer the jurisdiction of the Southwest Arterial from the City to the State of Iowa in exchange for the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52 /Iowa 3 from the Iowa 32 /John Deere Road intersection to the intersection of U.S. 61 in downtown Dubuque, from the State to the City, after the Southwest Arterial is completed and open to traffic. The purpose of the MOU is to provide the general details of the proposed transfer of jurisdictions and the overall terms, conditions, and responsibilities that are mutually agreed upon between the City and the State; which are summarized as follows: The City hereby agrees to continue as the lead agency for the development and advancement of the Southwest Arterial and will be responsible for the completion the following project improvements: Table 1 Project Description Cost Estimate Federal Funding Local Funding FE - Final Engineering Design $ 10,804,400 $ 8,643,520 $ 2,160,880 ROW - Property Acquisition $ 12,800,000 $ 10,821,907 $ 1,978,093 Gas Pipeline Utility Relocation $ 2,200,000 $ 1,760,000 $ 440,000 North Cascade Road Reconstruction $ 3,868,581 $ 3,362,771 $ 505,810 English Mill Road Reconstruction $ 3,852,200 $ 3,081,760 $ 770,440 Military Road Reconstruction $ 6,380,000 $ 5,104,000 $ 1,276,000 TOTALS: $ 39,905,181 $ 32,773,958 $ 7,131,223 6 Table 2 summarizes the current status of federal earmark funding that has been appropriated for the project to date. The City will use all federal earmark money available for continuing the advancement of the Southwest Arterial and completing the project improvements outlined in Table 1, and other eligible projects. Table 2 Appropriation Description Federal Funding Authorized Federal Funding Obligated Federal Funding Available SAFETEA -LU (HP1145 / IA082) $13,678,482 $13,678,482 $0 SAFETEA -LU (TI114 / IA184) $3,787,661 $3,787,661 $0 SAFETEA -LU (TI133 / IA203) $6,161,745 $1,112,988 $5,048,757 SAFETEA -LU (TI122 / IA192) $4,983,765 $0 $4,983,765 2009 Appropriation Bill (THUD IA 243) $389,533 $389,533 $0 2010 Appropriation Bill (Omnibus IA 229) $950,000 $950,000 $0 ARRA Stimulus $2,909,534 $2,909,534 $0 TOTALS $32,860,720 $22,828,198 $10,032,522 Table 3 summarizes the maximum City and County funding, including both federal earmark funding for the Southwest Arterial and the required 20% local match funding for continuing the advancement of the Southwest Arterial and completing the project improvements set forth in Table 1. Table 3 Funding Source Amount Federal Earmark Funding $ 32,860,720 Local Match Funding $ 7,152,913 TOTAL FEDERAL / LOCAL FUNDING: $ 40,013,633 • Any funds remaining after the completion of project improvements and project development efforts outlined in Table 1 shall be available and applied toward construction costs or other state funding obligations for the Southwest Arterial as mutually agreed upon and as allowed under Iowa Administrative Code. • The Iowa DOT will take over as lead agency for the completion of the Southwest Arterial upon the City completing said improvements as outlined in Table 1. • The Iowa DOT will be responsible for all costs of the Southwest Arterial beyond those available from federal earmark funding and local match funding as described in Table 3. The Iowa DOT will be responsible for the construction costs of overpass and interchange structures. • The Southwest Arterial will be eligible for primary road funding prior to the Transfer of Jurisdiction to the Iowa DOT, contingent upon the approval of the Iowa DOT Commission. • Paving of the trail and enhanced landscaping along the Southwest Arterial corridor will not be an Iowa DOT cost. In addition, the costs of meeting the City's sustainability 7 initiatives, if any, that are in addition to costs currently identified and estimated, will not be an Iowa DOT cost. • The City is responsible for the utility relocations necessary for construction of the Southwest Arterial as required by Iowa Administrative Code. The Iowa DOT may be responsible for the costs of utility relocations allowed by Iowa Administrative Code and not funded through Federal and local funding described in Table 3. The exact dates of the Transfers of Jurisdiction will be set at a future date and will be mutually agreed to by the Iowa DOT and City. Requested Action: The City requests any additional financial assistance that can be provided on the federal and state level, as well as continue your support of the Iowa Department of Transportation Commission to maintain its current programmed funding for the Southwest Arterial in the Iowa 5 -Year Highway Transportation Improvement Program, which includes $45 Million Programmed in for the Southwest Arterial. Capacity Improvements - U.S. Highway 20 The City supports the 4- laning of Highway 20 to Chicago. Dubuque Regional Airport Dubuque encourages the clean -up of the February 2012 Federal Aviation Administration (FAA) Reauthorization. Through the annual Appropriation process, DBQ encourages increasing spending levels for the Airport Improvement Program (AIP), Essential Air Service, Small Community Air Service Development Grants, Contract Tower Program, and other programs that safely operate, develop and maintain facilities at airports around the country. AIP A major component of the FAA is the Airport Improvement Program (AIP), which provides funding for airport expansion, rehabilitation and capital projects. In Iowa, 69 general aviation airports and eight commercial service airports are eligible for funding from the AIP program. AIP and its predecessors FAAP and ADAP, has worked well for Iowa airport since 1947 and DBQ would like to see the continued full funding of this program. Requested Action- 3 Specific Actions: 1. DBQ encourages reinstating the local match levels in past legislation of 5% (Vision100). 2. Fund the AIP program to provide $3.9 billion in 2014 with $100 million in increases every year throughout the reauthorization period. 3. Since these are monies already collected and deposited in the Airport and Airway Trust Fund, we must protect these funds and budget from Sequestration or FAA Operating uses. 8 AMT Provisions DBQ supports the permanent elimination of the Alternative Minimum Tax (AMT) penalty on all airport revenue bonds. We seek the ability to refund a number of these bonds, as well as a "look- back" provision allowing airports to refund AMT bonds. This action will prove tremendously successful in lowering capital costs for some airports, DBQ supports a permanent change and an indefinite look -back provision which will result in significant savings to many airports, large and small. Unless Congressional action is taken, DBQ forecasts a significant decrease in future demand for airport bonds to the point where sales of any significant AMT bonds will not be possible, and airports will be forced to postpone projects or issue taxable bonds at much higher costs. Requested Action: Eliminate the AMT penalty. This will ensure airports will be able to undertake additional capital investment projects, maintain lower costs to the traveling public, and most importantly, create and keep jobs by building safer and more efficient airports. Contract Tower Funding: Compromises in public safety services like Air Traffic Control (ATC) is never to be used as a means to protect the FAA administrative structure. However, that is what has been repeatedly proposed by FAA Administrator Huerta. ATC cuts should be the last option on the table, not the first. 251 public use airports have been identified for tower closures, three are in Iowa. This is not acceptable. The only contract tower in Iowa on that list is the Dubuque tower which is operated by a private firm on contract with the Federal Aviation Administration. Continued funding for this program is always in question. Dubuque has the 3rd busiest airport in Iowa. Requested Action: Safety and common sense dictates continued funding of the ATC program and the contract tower program or restoration of FAA staffing of these facilities. Funding is NOT to be provided by reducing AIP Discretionary funds. Passenger Facility Charges: These FAA authorized funds are levied and collected locally and are used to construct runways, taxiways, terminals, security improvements, and many other items travelers encounter daily. The current collection amount of $4.50 per passenger and is not indexed to inflation which restricts the amount of money available for large capital projects. Since the PFC came into existence in 1990, it has had only 1 increase to its current amount. In the meantime, construction costs have more than tripled. Requested Action: Increasing the PFC to $8.50 and indexing it to inflation would ensure long term funding viability for even the smallest of commercial service airports. Allowing these funds to be used for revenue generating items like parking lots, airline offices, etc. would significantly reduce the impact on smaller airports, their tenants, and their sponsors. Air Service Development Program The U.S. Department of Transportation manages the Small Community Air Service Development Program. This program helps small and non -hub airports with monetary 9 support of airline recruitment endeavors. The Department of Transportation's grant application has very restrictive guidelines, which limit airport participation to one -time projects. If those methods work to attract one carrier, you may not seek a grant to offer the same incentives to another carrier. Eliminating that restriction would allow communities to implement previously viable methods for recruiting new /expanded air service. DBQ is strongly opposed to: Continued Diversion of Federal Taxes on Aviation Jet Fuel DBQ strongly opposes the convoluted tax process of aviation jet fuel. Fuel taxes from the sale of jet fuel are currently credited to the Highway Trust Fund. In order for the taxes to be properly credited to the Aviation Trust Fund, the fuel vendor or buyer must apply with the IRS for a refund of the tax, and only then are the funds transferred to the Airport and Airway Trust Fund. The process is confusing and places the burden on the fuel vendor or buyer to get the fuel taxes credited to the proper trust fund. In addition, the aviation community seriously questions if fuel tax fraud involving jet fuel and the trucking industry is actually occurring and has seen no statistical evidence to support those claims. Requested Action: A simple solution would be to tax aviation kerosene at the same .244 rate as highway diesel eliminating any incentive for the suspected fraud. The resulting tax revenues could then be deposited into the respective trust funds directly eliminating the burdensome reporting and record keeping requirements that now exist, in addition the resulting increase in fuel tax would help strengthen the Aviation Trust Fund helping to eliminate the need for user fees in the future. User Fees We believe user fees will damage the fragile general aviation environment. Jet A or aviation fuel already exceeds $6.00 per gallon and in some locations $8.00 per gallon. Operating costs for flight training, medevac, agricultural, small package shipping, and business aircraft uses has skyrocketed over the past seven years. Assessing fees for use of the air traffic control system will end this form of aviation for all but the very wealthy. The effects of such fees in Europe and Canada have devastated private and corporate aviation. 10 51 a a 1 T Legend 1. land Aogisiion (103 acres) 2. Roy. 31 ParaleVCurnectiog TT:dwaya 3. TertninutAccess Roadway 4. AkdafApron 5. Terminal Brldig (26,000 SF) 6. Terminal Roadway 7. Auto Parkng (450 spoomt BikelHike Trails, Safe Routes to Schools and Complete Streets The City of Dubuque is an active participant in long range planning for a comprehensive bike /hike trail system that will provide multi -modal transportation for the Dubuque metro area. The Tri -State Area Integrated Walking, Biking, Hiking Network Plan calls for a bike /hike network to encourage recreation and wellness, provide safe routes to schools, and promote alternative modes of transportation to help reduce air pollution and roadway congestion. . Completion of the bike /hike trail system will add to the region's reputation as a tourist destination for both the State of Iowa and the tri -state area. The 26 -mile Dubuque County Heritage Trail and the City of Dubuque's 29 -mile Heritage Trail Extension are part of the backbone system of the State Recreational Trail Plan. The City's Heritage Trail system is part of the designated route for the Mississippi River Trail (MRT) through Iowa. The MRT is a 2,000 -mile bike trail system being developed through the river cities and river landscapes in the ten states along the Mississippi River from Lake Itasca to the Gulf of Mexico. The City has a long- standing commitment to a citywide bike /hike network that is accessible to all segments of the general population, including minorities, the elderly, and persons with disabilities. This commitment is exemplified by the City's adoption of a Complete Streets Policy. The adopted Complete Streets Policy for the City of Dubuque provides an integrated multimodal approach to roadway planning and design and will further Dubuque's commitment to sustainability. The Policy establishes that development of as many street projects as possible will be done in an affordable, balanced, responsible and equitable way that accommodates and encourages travel by motorists, bicyclists, public transit vehicles and their passengers, and pedestrians of all ages and abilities. 11 The benefits of Complete Streets are that they increase the capacity and efficiency of the road network, reduce traffic congestion, improve mobility options, limit greenhouse gas emissions and improve the general quality of life. Promoting pedestrian, bicycle and public transportation travel as an alternative to the automobile reduces negative environmental impacts, promotes healthy living and is less costly to the commuter. The City of Dubuque seeks to build on these benefits to more children walking and bicycling to schools, and is actively implementing the area's Safe - Routes to Schools Plan. The purposes of the Safe Routes to School program and funding are 1) to enable and encourage children, including those with disabilities to walk and bicycle to school.2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age, and 3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption and air pollution in the vicinity of schools. Transportation Enhancements Funding Transportation and preservation share a goal: creating better lives for Americans. Individual case studies and other resources demonstrate the need for more advanced transportation planning concepts and designs to keep community character and cultural resources intact. In addition, transportation policy provides communities with funding for projects that enhance the transportation experience. During the last 20 years, programs such as Transportation Enhancements have given communities the kind of projects they want, such as bike paths, rails -to- trails conversions and Main Street improvements. Historic neighborhoods and downtowns have also benefited from improved transit, making it easier to get to jobs, homes, shopping and entertainment. *Source: National Trust for Historic Preservation Website HOUSING AND ECONOMIC DEVELOPMENT Community Development Block Grant (CDBG} Funding The City of Dubuque relies on CDBG money to fund many of its vital programs. Projects that are at least partially funded by CDBG include rehabilitation of rental and owner - occupied housing, homeowner education classes, lead paint hazard abatement, commercial and industrial building rehabilitation and economic development, childcare referral services, dispute resolutions services, to support operations of several non- profits providing direct services to income - eligible individuals and families, as part of the community development /neighborhood strategy program.. In the last ten years, federal CDBG funding has been cut by 24 %, or $ 360,002. This severe cut has hurt local communities — local economies, local projects, and, most importantly, the low- and moderate - income households that reside in these communities and need the assistance. The CDBG formula funding has never been adjusted for inflation (since the inception of the program in 1974), even though construction costs, wages, and other program costs have escalated sharply in the past four decades. Continued funding of CDBG is 12 needed to provide the flexibility for communities to fund a myriad of activities, fill gaps where needed, and attract additional resources to projects. The U.S. Conference of Mayors and the National Community Development Association are calling for $ 3.5 billion, in formula funding for the Community Development Block Grant program and continued administrative funding for CDBG. Currently, CDBG communities can use up to 20% of the grant on administrative and planning costs. Communities need the flexibility to use up to 20% of their grant to meet the administrative and planning requirements of the program. The City of Dubuque requests that our congressional members support the CDBG program during the budget and appropriation process, seeking support of $3.5 billion in formula funding in 2012 and continued administrative funding levels. Home Designation Dubuque is the largest city in Iowa that is not a Participating Jurisdiction (PJ) for the HOME program. In order to receive PJ status, Dubuque has to meet a $500,000 Congressional appropriations threshold. According to the HOME Program allocation formula, Dubuque would have received $257,551 in 2008 as a PJ, leaving it $242,449 short of the $500,000. The City is requesting a one -time Congressional appropriation of $242,449, to meet the $500,000 threshold. After this and an IDED one -time appropriation, Dubuque would receive an annual $250,000+ HOME grant, justifying the one -time additional public investment. The HOME funds would essentially restore the shortfall created by a reduction in CDBG funding, and allow us to deliver needed services and resources to our community and economic development programs. New Market Tax Credit Program The New Markets Tax Credit program provides a potential financing tool for major economic development projects in Dubuque including the Historic Millwork District restoration and revitalization, the Dubuque Pack site redevelopment and the Briggs project on the Fourth Street peninsula. Unfortunately, the program has not benefited rural states and communities in the same manner it has benefited larger metro centers. Expanding and streamlining the program and helping to ensure it is accessible to smaller communities in rural states would benefit the City of Dubuque and its partners in the private sector. Additionally, the flexibility of the program is desirable, but its accompanying complexity tends to increase legal, accounting, and CDE fees, since each project is unique and thus requires extensive planning and oversight to achieve and maintain program compliance. These increased fees reduce the amount of equity available for the project, often rather significantly. Finding ways to streamline the program would benefit projects and communities that make use of this funding tool. 13 Federal Historic Tax Credits The Federal Rehabilitation Tax Credit is the nation's largest federal incentive promoting urban and rural revitalization through private investment in reusing historic buildings. The credit encourages reinvestment in downtowns, generates jobs, and is instrumental in preserving the historic places that give cities, towns and rural areas their unique character. All of these measures would bring needed improvements, but the following measures are of particular interest to Dubuque. • Raising the credit from 20% to 30% for projects with QREs under $5,000,000. • Full compatibility of federal Historic Tax Credits with federal Consumer Energy Efficiency Tax Credits. • Redefining "old" buildings as those more than 50 -years old vs. the current 1936 standard. • Striking 3 of the 4 disqualified lease rules (all except the "sale leaseback ") from the program. Although the rehab credit is currently the nation's largest federal incentive for promoting sustainable development through private investment, a greater potential for revitalizing communities could be realized with the proposed amendments. Additionally, we support increasing federal tax credits from 20% to 30% for the first $5 million in expenditures for a project and to24% for the remaining portion of a project. The Creating American Prosperity through Preservation (CAPP) Act Since 1978, federal incentives for historic rehabilitation, including the federal historic tax credit (HTC) that became effective in 1982, have rehabilitated more than 38,700 buildings, created 2.35 million jobs and leveraged over $106 billion in private investment nationwide. By adapting warehouses, schools, factories and other historic resources to meet contemporary needs for housing, arts space, offices and community centers, the HTC creates skilled jobs, revitalizes communities and drives local economies. The Creating American Prosperity through Preservation (CAPP) Act (S.1411) positions the credit to be an even greater job creation and economic development engine. The CAPP Act makes the 20% historic tax credit easier to use and more accessible. • Creates new opportunities by expanding the number of older buildings eligible for Rehabilitations. The 10% rehabilitation credit is currently only available to buildings built before 1936. The CAPP Act would change the required building age to "fifty years or older ", therefore expanding the credit's usefulness and the potential for comprehensive economic development that includes post World War II communities. • Enhances the impact of the historic tax credit in low- income and difficult to develop areas. Nonprofit organizations typically undertake the most difficult projects in communities with the greatest need. However, the 14 historic tax credit's tax exempt leasing rules make it difficult for nonprofits to access the historic tax credit. CAPP would eliminate barriers to nonprofits' access to the credit, helping their high impact projects to move forward • Promotes energy efficiency and cost savings. The CAPP provisions encourage the use of energy efficient technology on top of the already "green" act of recycling an existing building in an existing community. CAPP would increase the amount of the credit by 2 percentage points for every project that increases the building's energy efficiency by 30 %. • Improves the efficiency of state historic tax credits. Thirty states have enacted state historic tax credits, which when combined with the federal credit, have a powerful economic impact. However, current federal taxation of state tax credits significantly diminishes their value to the historic rehabilitation project. CAPP would eliminate federal taxation of the state credits, providing more dollars to the project. Arts & Culture The redevelopment of the Historic Millwork District is a priority for the City and at its core are the arts. The Arts and Culture community has embraced this area and wants to create an environment where the arts are created and celebrated. Several art events already utilize the space and a non - profit art center has moved to the area providing opportunities for disadvantaged children to be exposed to creating art. The district also contains several creative businesses. The arts play a large role in creating an inviting atmosphere for residents and businesses to thrive. This district will be a regional arts hub spurring recruitment of a creative workforce and contributing significantly to the livability and quality of life for our citizens. In partnership with the U.S. Economic Development Administration (EDA), the major building owners, the City, and other community organizations, adopted Master Plan for the District in February 2009. It provides specifics to achieve above issues within the District. In 2011, the City received a $100,000 Our Town grant from the National Endowment for the Arts. The Historic Millwork District Arts Project is a partnership between the City of Dubuque, Dubuque Main Street, and several collaborating arts organizations. The Historic Millwork District Arts Project funded design for not - for - profit art space in three key buildings in the District, new and expanded arts events in the Historic Millwork District, and management of the emerging arts district. Significant funding gaps remain and the City is also pursuing funding through the private Arts Place Grant Program. The revitalization effort is estimated to be a $200 million project broken into phases. The $200 million consists of improvements relating to the buildings, infrastructure, and streetscape within the Historic Millwork District. 15 2014 Our Town Grant The City, in partnership with Dubuque Main Street, Ltd., has a pending $185,000 NEA Our Town Grant request for the Dubuque Transformed; A Year of Creative Placemaking Campaign. This campaign is a comprehensive effort to engage Dubuque citizens as art advocates in transforming every day spaces in downtown into creative places and to build social capital. The campaign will work with local partners to design creative placemaking kits that include tools to help design creative places throughout downtown and use the arts to promote Dubuque as a welcoming and inclusive community. This initiative will include placemaking workshops as well as build upon existing venues or events so that they reach greater artistic heights, redefine sense of place and engage the young or young at heart in rethinking what makes a community viable. This project will also engage our economic development and tourism partners to launch a creative placemaking website for local artists and event organizers to upload their ideas or special event. This site will feature a video series and support a social media campaign around creative placemaking that can be used to promote our region as an artist hub and cultural corridor. Lastly, the application includes funding for the Together We Are One art initiative. Support Funding of the National Endowment for the Arts Support of the NEA widens citizen access to the cultural, educational, and economic benefits of the arts, and advances creativity and innovation in communities across the United States. Federal funding for the arts leverages private funding. On average, each NEA grant leverages at least seven dollars from other state, local and private sources. Private support cannot match the leveraging role of government cultural funding. The arts mean jobs! The nonprofit arts industry generates $166.2 billion annually in economic activity, supports 5.7 million full -time equivalent jobs in the arts and related industries, and returns $12.6 billion in federal income taxes. Measured against direct federal cultural spending of about $1.4 billion, that's a return of nearly nine to one. Locally in Dubuque, IA, the arts make an annual economic impact of $47 million, support 1550 jobs, distribute $36.7 million in household income to local residents and return $5 million in state and local government revenue. Support Arts Education Strengthened access to learning in the arts by supporting the $26.5 million in funding for the Arts in Education program at the U.S. Department of Education found in the FY13 Senate Labor -HHS- Education Appropriations Committee bill is essential. This program fund is authorized under the Elementary and Secondary Education Act and should be preserved as a distinct program of the U.S. Department of Education. The reauthorization of the Elementary and Secondary Education Act (ESEA) will support retaining the arts in the definition of core academic subjects; improve the U.S. department of Education's national data collection regarding what students know and are able to do in the arts and the conditions for teaching and learning in arts education, and support large -scale model arts education projects that improve teaching in the arts, are inclusive, and leverage the power of the arts to support comprehensive school reform. 16 Preserve the Charitable Deduction, Sponsor the Artist Deduction The nonprofit arts community, like other charitable sectors, relies on the generosity of individual donations from people of every income level who believe the public good is served by supporting charitable organizations. Unlike other tax deductions, charitable giving incentives do not enrich individual donors; they are investment in the public good. Preserving tax incentives for charitable giving will expand nonprofit services and provide a net benefit to the public. Members of the House of Representatives are urged to co- sponsor bipartisan legislation H.R. 1190, which would allow artists to take a fair - market value deduction for works given to and retained by nonprofit institutions. The U.S. tax system accords unequal treatment to creators and collectors who donate tangible works (e.g., paintings or manuscripts) to museums, libraries, educational or other collecting institutions. A collector may take a tax deduction for the fair - market value of the work, but creators may deduct only their "basis" value - essentially the cost of materials such as paint and canvas. PUBLIC HEALTH Crescent Community Health Center Community Health Centers (CHC's) across the country have consistently demonstrated the value of the care they provide. Community Health Centers are an affordable and accessible source of primary and preventive health care for more than 22 million underserved individuals, including more than 181,000 here in Iowa. In 2012, Crescent served over 6,000 patients for a total of almost 15,000 patient visits. The Health Center fund will expire after FY2015, however, resulting in a 70 percent reduction in health center grant funding in FY2016. This would result in site closures, staff layoffs, and massive service reductions at the very time the demand for health center services will increase Cost — effective programs with proven positive outcomes such as the Health Center Program must be preserved and strengthened. This can be achieved through sustained annual appropriations and full implementation of the Affordable Care Act's prospective payment system (PPS) reimbursement for Community Health Centers. Crescent Community Health Center - continues to see great number of uninsured patients, and is working diligently to assist patients and those in Northeast Iowa to obtain health insurance through the Iowa Exchange. The HRSA grant covers about 25% of Crescent's approximate $3M budget, creating a 25% shortfall that is not being made up by Medicaid, Medicare, private insurance or self -pay patients. This has forced cuts to control costs, but also extends the time in which patients are seen by a medical provider, or reduces the services they receive. The largest number of patients with repeated no -show appointments is Medicaid patients. Crescent staff works hard to eliminate barriers to making appointments, such as transportation and reminder calls. However, the no -show rate continues between 17 and 40% on any given day. 17 • Patients eligible for Medicaid should be charged if they fail to make their appointments or create a disincentive for missing appointments. Medicaid patients should also be able to be redirected from emergency rooms to local CHC's for non - emergency reasons, e.g. sore throats, colds, etc. A 2007 study by the National Center for Health Statistics, a division of the Center for Disease Control and Prevention, states that "Persons with Medicaid coverage were more likely to have had multiple visits to the ED in a 12 month period than those with private insurance and the uninsured." Emergency rooms are obligated to at least see and stabilize the patient. Poverty, education levels and race all play a role in overutilization of emergency departments and no -show rates at health centers. Source: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics. NCHS Data Brief, No.38, May 2010 The Federal Tort Claims Act (FTCA) provides malpractice coverage to Section 330 health center grantees (CHCs) along with their officers, directors, employees, and certain contractors who have been deemed Federal employees for the purposes of medical malpractice coverage. CHCs face many challenges in recruiting a sufficient number of primary health care providers to meet their growing patient population. One solution to help alleviate this workforce shortage is the use of volunteer providers. Many health professionals are willing to volunteer at Crescent Community Health Center, but they are dissuaded from doing so because of the high cost of supplemental medical liability insurance, the burden of which must be borne by either the provider or the health center. Recent CBO estimates indicate that extending FTCA coverage to volunteers may cost approximately $30 million over 5 years. Because the health center FTCA judgment fund is appropriated as a subpart of annual Health Center program appropriations, this law could be implemented without the addition of new annual appropriations. • Extend FTCA Coverage to Volunteer Health Professionals in Health Centers. We urge Congress to expand FTCA coverage to include volunteer health professionals in Health Centers by passing the Family Health Care Accessibility Act, introduced in the House (H.R. 2703) by Reps. Tim Murphy and Gene Green and the Senate (S. 955) by Sens. John Thune and Robert Casey. Lead Hazard Control, Healthy Homes, & Green and Healthy Homes Initiative In conjunction with Dubuque's current Lead Hazard Control, Childhood Lead Poisoning Prevention, and Healthy Homes programs, the City is participating in the Green and Healthy Homes Initiative (GHHI). Dubuque's holistic sustainability model, which encompasses environmental integrity, economic prosperity and social /cultural provides an excellent platform for a Green and Healthy Homes Initiative. GHHI does work not addressed by the HUD Lead Hazard Control and Healthy Homes Programs, such as 18 providing links to community health, social, and education resources, assisting with home preparation to allow lead and healthy homes work, and the services of a home advocate. However, the city continues to need funding sources to mitigate the most costly problems, lead and healthy homes issues. By June 2013, Dubuque will have created 1,151 lead safe residents through HUD Lead Hazard Reduction grants and reduced the lead poisoning rate to 2.8 %. With the first Healthy Homes Initiative grant, 100 units have had healthy homes interventions, addressing mold and moisture, safety, pests, etc. Data collected through the new Healthy Homes and GHHI programs have shown a great need to continue to integrate healthy homes principles in conjunction with the Lead Hazard Control and Childhood Lead Poisoning Prevention Programs. The goals of the program are: 1) reduction and prevention of lead poisoned children, especially throughout the neighborhoods of Dubuque; 2) continuance of professional lead certification and training of area contractors, workers, program inspectors and property owners, leading to employment opportunities; 3) collaborative public education, awareness and training of health professionals, tenants, and property owners; 4) integration and braiding of related services from community partners who will promote and establish lead -safe and healthy housing throughout the neighborhoods of Dubuque; and 5) continue to grow a comprehensive Healthy Homes Program, aligned with the Green and Healthy Homes Initiative. Aimed at bringing significant resources and multiple community partners together to improve the community's and Iowa's oldest housing stock, the program will strengthen neighborhoods infrastructure and provide an avenue for green and healthy homes, and green and healthy neighborhoods. • While Dubuque has successfully met all goals and benchmarks of previously awarded HUD grants, new HUD applications will be submitted to continue the City's Lead -based Paint Hazard Control and Healthy Homes programs for inspection, lead -based paint hazard reduction, and healthy homes interventions in Dubuque's housing units. Dubuque will be submitting applications for HUD Lead Hazard Control and Healthy Homes Initiative with this year's expected N O FA's. ENVIRONMENT AND ENERGY Historic Preservation Funding The City of Dubuque supports substantial increases to historic preservation funding, including the restoration of Save America's Treasures (SAT) and Preserve America (PA) funding — which were eliminated by Congress in FY11. Save America's Treasures is a competitive grant program that has provided critical funding for federal and private partnerships that have been instrumental in preserving historic resources like the Shot Tower and William M. Black Steam Dredge in Dubuque. In 2004, Dubuque was designated as Iowa's first Preserve America community. The Preserve America program recognizes communities that protect and celebrate their heritage, use their historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic 19 resources through education and heritage tourism programs. As the first Preserve America community designated in Iowa, Dubuque has leveraged private, state and local funds with Preserve America grants at the National Mississippi River Museum and Aquarium and the E.B. Lyons Interpretive Center at the Mines of Spain State Recreation Area to create heritage tourism improvements that benefit residents and visitors alike. Land and Water Conservation Fund Land and water conservation fund has been critical to the development of outdoor recreational opportunities in Dubuque. Past grant awards have funded softball field development for youth and adults, open space development in the area of historically significant places along the Mississippi River and expansion of the E.B. Lyons Interpretive Center at Mines of Spain State Park. Each of these developments has been very important to expansion of outdoor recreation. Continued funding of this program is critical to Dubuque as a partnering source for accomplishing outdoor recreation for our citizens. Livable Community Initiatives The City of Dubuque supports federal legislation to integrate comprehensive planning efforts with livable community initiatives that take into account sustainability and Smart Growth principles, enabling us to rebuild the economy while strengthening our communities — as articulated in the following priorities which mirror the American Planning Association (APA }'s priorities. Building Stronger & More Resilient Communities In today's challenging fiscal environment, it is more important than ever to invest in the nation's communities and enhance planning and coordination in key federal programs. Federal policy should respect local planning authority and assist communities in building and preparing for the future. To build stronger and more resilient communities, we urge Congress to: Protect lives and property from devastating natural disasters through improved planning for hazard mitigation and support for local hazard - related planning. Federal policy reform can play a critical role by increasing the focus on mitigation, providing vital data and information for local planning, and creating appropriate incentives that improve local resilience to storms. Mitigation planning should also be integrated into the array of federal programs supporting infrastructure, housing and natural resource investments. Effective federal disaster policy should also ensure that communities affected by disasters receive necessary aid for post- disaster recovery planning, infrastructure improvements, and effective mitigation efforts to reduce risk from future hazards. Key legislative opportunities: • Water Resource Development Act • Stafford Act Reform and Mitigation Incentives 20 • Extreme Weather Legislation • FEMA, NOAA Appropriations Ensure that communities can adequately plan for future needs by providing high- quality data. Good planning is based on sound, comprehensive data. The federal government is the sole provider of data that is essential for understanding economic, social, environmental and demographic trends shaping the nation's communities. These resources make government programs more effective and efficient and allow for better decision making by local citizens and businesses. It is vital that federal data agencies and resources are maintained to strengthen and that complex geospatial information is effectively provided to local governments for improved planning. Key legislative opportunities: • Census Bureau and American Community Survey • Digital Coast Act • NOAA • HUD Consolidated Plan Requirements Increase investment in critical transportation and water infrastructure by creating new financing tools, providing funding for essential programs, protecting vital investment tools and encouraging new approaches that are more effective and efficient. The nation continues to face a crisis of under - investment in our vital infrastructure. This crisis is also a missed opportunity for spurring economic growth and recovery. Given the nation's fiscal challenges, it is important that new investment make federal programs more effective and strategic. Spending decisions should support proven programs that build strong communities and local economies. Key legislative opportunities: • Infrastructure and Municipal Bonds • Water Resources Development Act • MAP -21 Implementation and Reauthorization • Tax Reform • FY 2014 THUD and Interior - Environment Appropriations Support innovative and efficient planning as an essential component of effective federal community development, infrastructure and energy programs. Investments of scarce public resources demand good, state -of- the -art planning. Investing in planning saves taxpayers' money and makes government work smarter. Much work has been accomplished to improve integration and effectiveness of federal 21 agencies providing support for local infrastructure. This work should continue. Federal policy should support better planning and include dedicated planning resources in infrastructure investment grants and programs. Efforts to improve the use of performance -based planning and integrate key data into plans should be encouraged and continued. Improved planning can not only make programs more efficient but also support long -term energy and sustainability goals. Key legislative opportunities; • MAP -21 Implementation and Reauthorization • TIGER • Choice Neighborhoods • Partnership for Sustainable Communities • Farm Bill Sustainability and Energy Efficiency The City of Dubuque identified Sustainable City designation as one of its top priorities in 2006. Since then, multiple strategies and practices have been implemented to make Dubuque a more sustainable community. The City is a member of Climate Communities and ICLEI — Local Governments for Sustainability, and joins all of its members in supporting local government action on climate change as essential for America to achieve energy independence, renew economic prosperity and preserve biodiversity. Federal policies must empower local governments with the tools and resources to respond to the climate challenge. We request your support in achieving the following goals: • Invest in local climate capacity through annual federal appropriations such as the DOE Clean Cities program, the Forest Service's Urban and Community Forestry program, Stormwater and Drinking Water funding, and Green Infrastructure programs. • Transform the nation's transportation strategy by: • Substantially increasing federal resources for public transit; • Supporting local initiatives to reduce vehicle- dependence and use including resources for smart growth and transit - oriented development, VMT reduction planning and implementation, walk ability programs, bikeways and greenways, infill and brownfields revitalization, and reuse of historic and existing buildings; and • Funding low- emission busses, clean local fleets, and local alternative fuels infrastructure. • Build self - reliant communities that are prepared for climate impacts. 22 • Support community revitalization by: • Reviewing legislation in order to balance historic preservation and energy efficiency requirements; and • Supporting EDA tools such as Brownfields grants and technical assistance programs to support environmental cleanup and community redevelopment. National Action on Energy Efficiency & Renewable Energy HUD Energy Action Plan The City of Dubuque Housing & Community Development Department Energy Program can help stretch the value of HUD and other funds by encouraging energy efficiency during renovation projects. Ensuring energy efficiency will maximize the value of CDBG, HOME, HOPE, and other HUD funds. This is especially important to the Dubuque community as there is a higher percentage of older, energy - inefficient housing stock. The Environmental Protection Agency (EPA) is working with the Department of Energy (DOE) in this Partnership to expand efforts to promote ENERGY STAR products and appliances. ENERGY STAR is a government- backed program that helps businesses and individuals identify energy efficient products, appliances, and homes to protect the environment and save energy. As a key part of this initiative, HUD, DOE, and EPA are teaming up to grow Home Performance with ENERGY STAR, a whole house retrofit program to provides technical assistance to local programs that promote wise home energy use; in turn reducing the community's energy intensity and decrease greenhouse gas emissions. U.S. Department of Housing and Urban Development (HUD) developed the HUD Department -Wide Energy Action Plan, which was approved in April 2002. The HUD Energy Action Plan implementation is aimed at reducing HUD's $4 billion "energy bill" by promoting energy efficiency in approximately five million units assisted, insured, or financed by HUD. The Energy Action Plan includes 21 measures aimed at upgrading the energy efficiency of existing and new housing, using an established inventory of proven energy- efficient products and appliances that can be put to work immediately through existing programs. Weatherization Assistance Program Recognizing the increasing cost of energy and the significant impact this required cost has on low- and moderate - income residents, the City advocates for continued sufficient funding of the Weatherization Assistance Program. National Energy Planning Policy As a member of the APA, the City encourages adoption of a long -term sustainable national energy policy, addressing decreasing availability of petroleum, energy self - sufficiency, economic competiveness, greenhouse gas emissions, environmental protection, and social equity. This policy should recognize and separate the long -term development of replacement and alternative energy sources from short -term fluctuations in market prices for energy. This policy should also recognize the impact that energy - efficient land use patterns, building design, and transportation modalities have on the demand for energy. 23 Data and Measurement The City recognizes the importance of easy, consistent, and affordable access to energy data at the community level as an integral component of energy, sustainability, healthy communities, and community planning. We advocate for transparent data processes that allows communities to review utility data while also ensuring adequate data security and privacy. Energy Effects With the APA, we encourage evaluating the energy effects along with other impacts resulting from proposed plans and development as well as the siting of energy generation and transmission facilities in order to mitigate their adverse impacts on land use, environment, economy, health, quality of life, and national security. Environmental Justice We support state and federal efforts in striving to attain environmental equity and justice with regard to the siting of energy facilities, resource extraction, energy generation, distribution infrastructure, and energy - related waste disposal. Distributed Energy Generation The City supports distributed energy generation systems that utilize community energy generation and "smart grid" public infrastructure that supports both conservation and energy efficiency. Smart Grid Technology We support modernization of the nation's electrical grid that will allow for the efficient integration of innovative technologies such as renewable energy systems and electric vehicles, and makes it possible to offer dynamic electricity pricing options that can reduce strain on the grid while benefitting consumers. Advances in metering technology also create opportunities to provide consumers with access to more information about their electricity usage and costs, which can inform their decisions about energy consumption. Research and Development The City recognizes that in the short and mid -term, oil, coal, and natural gas will continue to be significant sources of energy for the United States and other nations until other forms of energy can be developed at a scale to adequately replace the world's reliance on fossil fuels. Therefore, continued focused research and development in improving the efficient use of these sources while reducing the environmental costs must be a high priority for the United States. We support expanded research and development funding and efforts to create and improve alternative and renewable energy sources and the development of energy transition scenarios for use by local officials and the general public. 24 TELECOMMUNICATIONS AND CONNECTIVITY Communications As a member of the National League of Cities (NLC), the United States Conference of Mayors, and the National Association of Telecommunications Officers and Advisors (NATOA), the City of Dubuque joins these organizations in acknowledging that the historic transformation of our communications infrastructure is essential to the economic competitiveness of the local governments, states and the nation. Preserve local authority to manage public rights of way for the benefit of everyone. Cable television and video franchise agreements are an essential part of managing the rights of way and ensuring appropriate compensation for the benefit of the public. These benefits include not only monetary payments, but also franchise terms such as support for public, educational and governmental (PEG) access, including institutional networks (I- Nets). Protect local authority to establish taxes that are consistent with local needs and maintain adequate revenue. Local governments recognize and support efforts to modernize the collection and administration of local communications taxes, but in a manner that preserves the ability of local government to impose and collect taxes to fund vital services for its citizens consistent with local values. Protect and enhance local ability to provide for homeland and hometown security. Local government's first responders need fully deployed E911, access to spectrum and funding for interoperable communications to protect the public. Recognize local roles in promoting nondiscriminatory access to the full range of communications services. Municipalities are helping to bring advanced services to individuals and small businesses. Cities must have the autonomy necessary to encourage competition and infrastructure deployment that will lower prices and improve service quality for their citizens. Request of Congress • Do not nationalize cable and video franchising. • Protect local governments' ability to facilitate or offer advanced communications services to their citizens • Any changes to the collection and administration of communications taxes, including extensions or modifications of the Internet Tax Freedom Act, must preserve local authority to collect revenue consistent with local needs. 25 • Do not undermine or eliminate support for PEG access and I -Nets. Specifically support Community Access Preservation (CAP) Act of 2009 (HR3745) by making this a federal legislative priority Local Government Principles for Communications Policy Modernization We believe that Congress and state and local governments can achieve these goals by embracing the following principles: • State and Local Authority The City supports a balanced federalist approach that encourages new innovation and technology while preserving appropriate authority for state and local governments to protect their citizens — particularly in relation to public safety and homeland security, promoting local competition, promoting economic development, taxation, expansion of access to advanced networks, rights -of -way management, and consumer protection. • Public Safety State and local public safety agencies rely heavily on communications services and systems to protect public safety. In order for states and localities to carry out this mission, it is essential that important obligations, such as E911 and CALEA, be applied to all relevant communications platforms, regardless of technology. States and localities must also have sufficient spectrum and funding to obtain interference -free, interoperable emergency communications. In addition, it is important to preserve and strengthen the ability of state and local government to protect and warn the public through emergency alert systems. • Competition States and localities benefit from, and support, competition and innovation and technology neutrality. When a fully competitive market does not exist, states and localities must retain the authority to ensure nondiscriminatory access to essential facilities, to prevent incumbents from using market power to stifle competition and innovation, and to maintain consumer safeguards when market forces fail. • Use of public property and right -of -way State and local governments are the trustees of public property and must retain the power to manage those assets for the benefit and safety of the community. • Municipal Broadband State and local governments can play an important role in making advanced services, including broadband services, available to their citizens, based on specific local needs and conditions. Federal policy should promote the rights of local governments that choose to offer those services directly to their citizens. • Video Franchising the federal government should not preempt or restrict local authority to negotiate mutually beneficial agreements and grant franchises to video providers. Public, educational, and governmental channels are important tools citizens use to participate 26 I would recommend that the City of Dubuque support the following: CAP Act of 2009 (H.R. 3745). The CAP (Community Access Preservation) Act of 2009 introduced by Wisconsin Rep Tammy Baldwin recognizes the important role that Public, Educational, and Governmental (PEG) access channels play in local communities and addresses some of the concerns facing these channels. Legislation that establishes national standards for interoperable public safety standards for first responders. Legislation that preserves and extends municipal government authority to provide communications services to their constituents. Legislation that overturns the FCC cable franchise order and returns to the local franchising scheme set out in the 1984 Cable Act. I would recommend that the City of Dubuque oppose a wireless tax moratorium. In local democracy. Ensuring expanded access to multichannel video programming is an important role of local government. • Expanded Access States and localities support policies and programs that advance access to communications services and ubiquitous broadband deployment in all areas of the country. Current initiatives that promote universal and affordable access to communications services include the federal and state universal service funds, the E -Rate program, Lifeline and Linkup, urban and rural infrastructure support mechanisms, and obligations ensuring equitable cable and broadband deployment. • Taxation States and localities should retain full flexibility, as does the federal government, to structure their tax policies in ways that best serves their citizens. • Consumer Protection States and localities are best positioned to respond effectively to a wide variety of consumer concerns, including but not limited to complaints related to service quality and affordability, reliability, deceptive practices, billing practices, privacy, and criminal activity. • Wireless Zoning and Siting It is essential for local communities to be able to address the expansion of wireless facilities so as to promote the deployment of advanced communications while also protecting the interests of citizens in safety, sound planning, and aesthetic concerns. Cellular carriers have petitioned the FCC to create new, onerous regulations that would make it more difficult for local governments to carry out their responsibilities in this area. The Communications Act prohibits such FCC regulation. Congress should ensure that the balance struck in federal law is not overturned by agency action. Local government strongly endorses promoting competition for all consumers and treating like services alike. The elected leaders of our nation's cities and counties stand 27 ready and willing to welcome video competition in their communities. Centralizing franchising at the federal or state level, however, limits the benefits of head -to -head video competition to a chosen few, and deprives consumers of important protections. •The FCC Recent FCC actions to regulate local franchising have compromised local governments' ability to act in the best interests of their citizens. Congress should act to prevent the FCC from overstepping its authority and altering the balance of federal, state, and local authority that Congress established in the Cable Act. The FCC's recent orders fly in the face of the law and threaten to disrupt long- standing cable television franchise agreements. Before Congress acts, it should consider: • States where statewide or state - controlled franchising is currently in place do not see greater or faster video competition deployment than states where it is not. • Franchises do not just provide permission to offer video services. They are the core tools local government uses to manage streets and sidewalks, provide for public safety, enhance competition, and collect compensation for private use of public land. Eliminating local franchises deprives local government of the power to perform basic functions. • Competition is for everyone. Current national policy implemented through franchises encourages competition throughout the country, not just in urban or suburban areas and not just for the wealthy. In less than ten years, under the current system, broadband service has been made available to 91 % of all homes passed by cable. • Neither Congress nor the FCC should try to manage local streets and sidewalks from Washington. National franchising would abrogate a basic tenet of federalism by granting companies access to locally owned property on federally defined terms. • Market factors, not local governments, control the pace of new broadband deployment. Telephone companies have not yet seriously dedicated resources to negotiate franchises in many markets. Potential video competitors require relatively few franchises to implement their announced business plans (for AT &T 1,500 -2,000 franchises, for Verizon 100 -200 franchises). Indian Gaming Regulations The City is concerned about the uncontrolled growth of Indian Casinos on off premises (reservation) lands. The City supports legislation that places safeguards on the growth of Indian casinos. Specifically, the City encourages legislation to: • Rewrite Section 20 of the Indian Gaming Regulatory Act (IGRA), which authorizes reservation shopping. This means that under no circumstances can a tribe that already has land in trust acquire more land that is not contiguous to its reservation, and use it for gaming. This will put a permanent end to reservation shopping. 28 • Give local communities a seat at the table during the process to mitigate impacts of casinos proposed by newly recognized or restored tribes. This means the tribe and local community must enter into a memorandum of understanding where the tribe must pay the community for mitigation of direct effects of the casino on infrastructure and services like transportation and public safety. • Ban any attempts to establish off - reservation casinos outside of the state where the tribe presently resides. AmeriCorps The City of Dubuque has been active with AmeriCorps Partners in learning program for the past thirteen years. The program has touched over 800 plus AmeriCorps members giving almost 227,000 hours of service in our community. The program's impact is seen in the academic assistance given in classrooms improving performance of children in K- 12th grade. Community organizations such as Multicultural Family Center, Washington Neighborhood Corporation and Crescent Community Health Center to name a few, impact our citizens in the lower incomes and neighborhoods needing most assistance. The involvement of AmeriCorps members is critical to efforts of the city, schools and non - profits. In the coming year the focus will turn to improvement of third grade reading scores with most members being placed in the school system at the K -3rd grade level. AmeriCorps VISTA members have also been used by the City. Currently the City has a VISTA working with Sustainable Dubuque efforts and a second one as a Volunteer Coordinator to establish a volunteer program for the City, as well as its many non - profits and addressing disaster preparedness related to volunteers. Recently three VISTA members have started to work with a community -wide Third Grade Reading Initiative in the areas of school readiness, attendance and summer learning. A fourth VISTA member is currently being recruited to coordinate data and performance measures. The capacity building efforts are very important to these three powerful initiatives of the City. City /County Emergency Services The need for a combined 911 Communications Center and Emergency Operations Center (EOC) has been brought to the forefront of the public safety committee after multiple recent events. The current communications center is undersized for the needs of our increased population and calls for service. The center is unable to expand to meet the increasing demands of the emergency calls and for future technologies. The recent disasters that occurred in Dubuque County and the State of Iowa brought the need for a dedicated emergency operations center to the forefront. The city and county now use the classroom areas of the Dubuque County Firefighters Training Center which is converted as needed to an EOC operation. An extended flooding event along the Mississippi River or any other long term disaster would tax the resources of the city and county and the current set up would hamper our response to disasters. We are experiencing more major weather events and disasters and we have received seven presidential disaster declarations in the past 12 years. Our 911 center needs to have room available for expansion. A dedicated EOC will allow local government the ability to enhance response and recovery operations following an event it would also assist us 29 in preparing for planned events that overtax our response capabilities. The estimated cost of a combined 911 Center /EOC is between 10 -12 million dollars. STRATEGIC PARTNERSHIP PRIORITIES Youth Re- engagement The city and its partners support legislation for youth re- engagement efforts that are designed to re- engage out -of- school youth and that provide multiple routes to high school completion, college, and career readiness. Rep. Polis' (D- Colorado) currently has draft legislation that has been reviewed by a network of re- engagement programs from across the country that would provide state and district funding. The draft Dropout Recovery Bill calls for the following: • To provide grant funding to district partnerships to significantly increase the rate of recovery for out -of- school youth in earning a high school diploma on a pathway to post- secondary success; • To incentivize and support the expansion and effectiveness of out -of- school youth reengagement programs that identify, re- enroll, and provide an individualized program that meets needs of out -of- school youth and leads to post- secondary success • To incentivize states and districts to develop funding and accountability policies that facilitate, and remove barriers to, the sustainable expansion of programs designed to re- engage out -of- school youth and that provide multiple routes to high school completion, college- and career - readiness, and the transition into post- secondary and career; and • To create a national exchange on effective practices, as well as other efforts, to support out -of- school youth reengagement policies and programs. The city supports the draft Drop -Out Recovery bill or similar legislation which supports the engagement of federal, state and district level leadership, policy and funding to reverse the growing trend of out -of- school youth. America's River at the Port of Dubuque The National Mississippi River Museum & Aquarium The National Mississippi River Museum & Aquarium is the leading cultural and environmental facility in the region and the largest tourism attraction in a 150 mile radius. The Museum & Aquarium was created with outstanding public private partnership and opened in 2003. It doubled the size of its campus in 2010. Sustainability: The Museum & Aquarium is a leader in helping achieve the City of Dubuque's sustainability effort focusing on the three elements of Sustainability: 30 1) Environmental and Ecological Integrity: 52% of visitors state that they have changed their attitude towards the Mississippi River and the environment as a result of their visit. 2) Economic Prosperity: The economic impact study commissioned by the City of Dubuque Arts and Culture Commission shows that the Museum & Aquarium creates 341 jobs in the community, accounts for $10.5 million in expenditures annually, and creates $8.5 Million "Resident Household Income" each year. 3) Social and Cultural Vibrancy: The Museum & Aquarium brings enormous social and cultural vibrancy to Dubuque, recruiting talented people and companies to Dubuque. Initiative 1— Rivers to the Sea — One Million Strong In the next five years we will reach 1 million people with our environmental and STEM messages which are critical to the health of the Mississippi River. This is an enormous opportunity to reach people in Iowa, visitors to Iowa, and people throughout the Mississippi watershed. This can help every adult and child become better stewards and citizens. Whether they are at the backwater marsh, the main channel aquarium, the erosion table, the flood table, the Wet Lab, the wetland, the hawk and eagle aviaries, the Rivers to the Sea exhibit, Gulf of Mexico aquarium, or the children's Splash Zone, they can be part of an effort which engages 1 million people. One Million Strong launches an aggressive education, training, and monitoring program which will make significant impacts on those who live and work in the Mississippi River watershed. We will make long term improvements to our exhibits at the National Mississippi River Museum & Aquarium. These immersive exhibits will address important issues in dynamic ways that draw people and increase length of stay in Dubuque. One million learners will have a better understanding of watershed issues. Surveys reveal that 52% of our visitors have changed their attitude toward the Mississippi River as a result of their visit and student test scores improve by as much as 40 %. Through daily programs, Free Educational Experience for Dubuque Students (FEEDS), and Leadership Enrichment After - School Programs (LEAP), the Museum & Aquarium provides programs to 60,000 school age children each year. Impact: Reaching 1 million people over the next five years to make them better stewards of the Mississippi River and maintaining Dubuque's leadership role in tourism Investment: $3.5 million a year for the next 5 years Initiative 2 — Facilities and Energy Sustainability By 2018, the facilities in the National Mississippi River Museum & Aquarium will be 15 years old. With buildings and exhibits totaling $50,000,000 in fixed assets, the Museum & Aquarium has the opportunity and the responsibility to update and improve our facilities and equipment and achieve reduction in energy use and energy cost. This will 31 include variable speed pumping systems, valve replacements, filtration systems for animal water quality, efficient air compressors for life support, ozone equipment and alarms, conversion to LED, lighting, solar energy, HVAC equipment, and other improvements. Impact: Sustaining our facilities and achieving significant reduction in energy use, water consumption and annual expense Investment: $2.5 million over the next five years Initiative 3 — Building the Endowment The Museum & Aquarium received a $750,000 challenge grant from the National Endowment for the Humanities. Fewer than 25 grants were awarded by NEH nationally that year and we received the highest award level. The Museum & Aquarium is working with the private sector and the Community Foundation of Greater Dubuque to raise $5 million dollars to increase its endowment to $9 million dollars. We have secured half of our $5 million goal to date. Impact: Increase endowment to $9,000,000 to support operations. Investment: Private sector $5 million. No Federal funds are requested. We thank our Congressional delegation for supporting our successful application to NEH Initiative 4 — River Research and Conservation The Museum & Aquarium seeks to continue and expand its efforts to conserve species, protect habitat, and engage the public on important issues such as nutrient reduction, water quality, and flood issues on a regional and national scale: • Continue to work with USFW and other federal and state agencies to study, nurture, and propagate important species which are endangered or threatened and are typically not the primary focus of state DNRs. These species have included mussels, mud puppies, salamanders, toads and other species. • Work with USDA and others to engage people to reduce nutrient loading, understand sediment flow, and improve water quality for the Mississippi, its 31 state watershed, and the Gulf of Mexico. • Work with University of Iowa Flood Center and federal partners to raise awareness of flood prevention and flood control. This center could be supported through funding from USDA and EPA. • The Museum has several partnerships with Federal agencies which can be explored for funding opportunities. The Museum is on the executive committee of Coastal America which works with NOAA, EPA, US Fish & Wildlife, Department of Agriculture and other agencies. 32 Initiative 5 — Integrating the Old Jail Museum with the Millwork District The Old Jail, a National Historic Landmark built in 1857, has extraordinary historical and cultural significance. It is on the National Register, is one of 24 National Historic Landmarks in Iowa, and is recognized as one of the "Save America's Treasures" by the National Trust for Historic Preservation and the White House. The Old Jail is adjacent to Dubuque's historic Millwork District and can serve as an important focal point for interpretation. It is a remarkable example of Egyptian Revival architecture. Limestone jail cells and iron gates line the walls of all three floors of the jail portion. The stylistic rarity and intrinsic architectural merit make the Dubuque County Jail a highly significant cultural monument to America's architectural history. Initiative 6 — Creating a stronger local and tourist draw to the Mathias Ham House, Eagle Point Park, the Lock and Dam and Four Mounds The Upper Mississippi Valley lead mines were nationally important, and remnants of that story are represented at the Mathias Ham House Historic Site. As early as 1697, cartographers in France and Britain identified and located the lead mines of this region even though they had wildly inaccurate maps of the Great Lakes and the Upper Mississippi. Mathias Ham and his family lived with 12 lead miners on the Ham House site. During the 20th century, the Ham House was the office and living quarters of the director of City of Dubuque parks and home to Alfred Caldwell, the noted architect who designed Eagle Point Park. Initiative 7 — Current Grants Pending Approval We ask for support for the competitive grants listed below which we have applied for and are currently under deliberation. 1. Institute for Museum & Library Services National Mississippi River Museum & Aquarium Application Date: 12/2/2013 2. Institute for Museum & Library Services Dubuque County Historical Society Strong Application Date: 12/2/2013 3. National Endowment for the Humanities Dubuque County Historical Society 33 Grant: Museums for America Title: Boat Works Requested Amount: $149,646 Grant: Museums for America Rivers to the Sea: One Million Requested Amount: $149,558 Grant: Museums, Libraries, and Cultural, Orgs: Planning Grants Title: Lead Mining on the Mississippi Application Date: 1/8/2014 Requested Amount: $40,080