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11 8 07 Legislative DinnerCITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, November 8, 2007 Council met in special session at 5:30 p.m. at the Dubuque Greyhound Park and Casino Present: Mayor Buol, Council Members Braig, Connors, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Absent: Council Members Cline, Jones Also Present: State Legislators, Dubuque Community School Board representatives County Board of Supervisors, and Dubuque The City Council, County Board of Supervisors, and Dubuque Community School Board Members provided their respective legislative priorities for the 2008 legislative session. Senator Mike Connolly, Speaker of the House Pat Murphy, Representatives Pam Jochum, Tom Schueller and, Steve Lukan commented on the various priorities and discussed what they thought would be concentrated on in the next legislative session. There being no further business, upon motion meeting adjourned at 7:35 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 11/16 9th Annual Legislative Dinner Attendees Thursday, November 8, 2007 Legislators 1. Senator Mike Connolly 2. Speaker of the House Pat Murphy 3. Representative Tom Schueller 4. Representative Steve Lukan 5. Representative Pam Jochum City: 1. Roy Buol, Mayor 2. Ann Michalski, Council Member 3. Karla Braig, Council Member 4. Kevin Lynch, Council Member 5. Pat Cline, Council Member 6. Joyce Connors, Council Member 7. Dirk Voetberg, Council-Elect 8. Mike Van Milligen, City Manager 9. Teri Goodmann, Assistant City Manager 10. Barry Lindahl, City Attorney 11. Crenna Brumwell, Assistant City Attorney 12. Jeanne Schneider, City Clerk 13. Dave Heiar, Economic Development Director 14. Jennifer Larson, Budget Director 15. Lisa Coulter, City Management/Planning Services Intern Dubuque Community 1. John Burgart, DCSD Superintendent 2. Larry Loeppke, DCSD Board President 3. George Davis, DCSD Board 4. Otto Krueger, DCSD Board 5. David Patton, DCSD Board 6. Ron Holm, DCSD Board Board of Supervisors 1. Donna Smith, Dubuque County Supervisor 2. Wayne Demmer, Dubuque County Supervisor 3. Eric Manternach, Dubuque County Supervisor 4. Mary Ann Specht, Administrative Assistant 5. Denise Dolan, Dubuque County Auditor External Invitees 1. Molly Grover, Dubuque Area Chamber of Commerce 2. Mike Blouin, Greater Dubuque Development Corporation 9TH ANNUAL LEGISLATIVE DINNER MEETING NOVEMBER 8, 2007 ~ 5:30 PARKVIEW EAST, DUBUQUE GREYHOUND PARK Hy CASINO 1. Welcome/Introductions -Mayor Roy D. Buol 5:30 p. m. 2. Dinner Served 3. Overview of the City's Legislative Issues 6:00-6:15 p. m. for the 2007 Legislative Session 4. Comments from Dubuque County 6:15-6:30 p. m. Representative 5. Comments from Dubuque Community 6:30-6:45p. m. School Board Representative 6. Comments from Legislative Delegation 6:45-7:15 p. m. 7. Open Discussion 7:15 p. m. City Of Dubuque State Legislative Issues For The 2008 Session Franchise Fee The Iowa Supreme Court in Kragnes vs. City of Des Moines held that a franchise fee for the use of public right of way by a utility cannot exceed the cost of regulating the utility. Public rights of way are valuable public assets and utilities should be required to compensate the public for the use of the rights of way over and above the cost associated with regulating the utility. Many cities have negotiated franchise fees with utilities based upon a percentage of gross revenue for •use of the right of way that exceed the costs of regulation and provide for compensation to the public for the privilege of using these public assets.. Requested action: Support efforts to allow franchise fees to include compensation for the use of the rights of way as well as the costs of regulating the utilities. State Historic Tax Credits The Iowa Historic Preservation Tax Credit was passed in May 2000 to promote investment in our historic resources in communities, codified in Section 404A.4. Rehabilitation of these resources contributes to the economic viability as well as the strength of our communities. The secondary impacts of this historic tax credit on our communities are countless. The program provides a tax credit of 25% of the qualified rehabilitation expenses for qualified projects. Thus, each credit represents an investment in our community of at least four times the amount of the credit. Additional revenues are generated through increased property taxes, income taxes, and sales taxes. The cap for the program is currently set at $20 million per year, with projects waiting in line for tax credits to become available in future years. Over the last few years, the historic preservation tax credits have been reserved out to 2016, representing over $140 million in investment in Iowa's resources and communities. Dubuque has benefited from six state historic tax credit projects, which have added far more to our financial system than a simple single storefront project as listed above. The Cooper Wagon Works Building/Bricktown, the Town Clock Building of Cottingham & Butler Insurance, the Iowa Inn (Henry Stout House) senior housing project, the Heartland Financial Operations Center, the Platinum Services building, and the Red House Gallery have added over 211 permanent jobs to our economy, not including the construction jobs to complete the large projects. Perhaps as important are the multiple smaller projects that have been initiated as a direct result of these buildings' revitalizations. Requested Action: Remove the cap on the historic preservation tax incentives. Sales Tax Refund for Downtowns The Iowa General Assembly enacted legislation in 2006 that provided 100% state sales tax abatement to the new racetrack in Newton. The downtowns in cities across the state, both large and small, are desperately in need of redevelopment. The state sales tax abatement could be structured as the Newton project, with 100% for ten years or some graduated rate over 10 years or less. The graduated option would be similar to Iowa Code 4276.1, which allows for partial property tax exemption for industrial real estate. The increase in property tax to schools and the additional income taxes from jobs in these retail establishments would more than offset the state sales tax losses from projects that may have occurred anyway. The added vitality in small towns across Iowa would make Iowa a more attractive place to live, work and locate a business. Requested Action: Support efforts to establish a state sales tax rebate for downtown redevelopment. SW Arterial/Hwy 32 The Dubuque City Council, the Dubuque County Board of Supervisors, and Dubuque Metropolitan Area Transportation Study (DMATS) has identified the completion of the SW Arterial/Hwy 32 project as the No. 1 surface transportation priority in the Dubuque area. The proposed SW Arterial/Hwy 32 project will be a 6.1-mile, four-lane divided freeway with priority 1-access control as an alternative route for traffic through southwestern Dubuque and will connect the new Dubuque Technology Park on U.S. Hwy 61/151 with the new Dubuque Industrial Center West, and the existing Dubuque Industrial Center near U.S. Hwy 20. The highway then extends north to John Deere Dubuque Works. Preliminary project cost estimates, which include engineering design, the acquisition of all right-of-way required for the ultimate build-out of the full four-lane project, resource mitigation and the construction of the interim two-lane highway is $80,350,000. The DMATS Organization, has committed $10 million in Surface Transportation Program funds for the facility. The City is also seeking financial assistance through the State of Iowa Department of Transportation Revitalize Iowa's Sound Economy (RISE) program. In February 2003, Senator Tom Harkin announced federal budget approval of $1,900,000 to complete the preliminary engineering design phase. The City has agreed to manage the next phase of the project, and in January of 2005 the City and the Iowa DOT executed the Consultant Professional Services Agreement for Earth Tech, Inc. to complete Preliminary Engineering Design Services for the Improvement of the SW Arterial/Hwy 32. The preliminary design phase is anticipated to be complete in February 2008. In February of 2005, the City received the issuance of Environmental Concurrence and the Finding of No Significant Impact (FONSI) from the various regulatory agencies and has completed the Environmental Assessment phase of the project. Due to Project funding constraints, it was decided that the project would need to be developed in three (3) stages. The initial stage (Phase I) would include the preliminary design and development of plans for the four-lane freeway, establishment of the full build-out right-of-way corridor boundary and development of preliminary plans for an interim two-lane highway. Phase I will provide a current cost opinion for all right-of-way acquisitions required and both the four-lane and two-lane facilities. The Iowa Department of Transportation has not included funding for the SW Arterial/Hwy 32 project in their Five-Year Transportation Plan. The City continues to dialogue with the IDOT Commission regarding a RISE loan that could be used as the 20% match to allow 2 access to the $36.18 million in federal funds now available and has met with key staff members to emphasize the importance of the SW Arterial/Hwy 32 project to the State and to the Dubuque area. This project continues to be a top priority. Requested Action: The City requests any assistance that can be provided to help convince the Iowa Department of Transportation Commission to commit funding toward this vital project. TIME 21 In December 2006, the Iowa Department of Transportation submitted a report to the Iowa Legislature documenting the tremendous shortfall in road use tax funding that all governments in Iowa are experiencing. In response to the report, the Legislature passed legislation that implemented many of the report's recommendations including the creation of a new fund called the Transportation Investment Moves the Economy in the 21st Century (TIME-21) Fund. This was an important first step in addressing the need but now the Legislature is tasked with identifying a funding mechanism(s) to put at least $200 million annually into the TIME-21 Fund. The same legislation that created the fund also established aTIME-21 Legislative Interim Committee that has been assigned responsibility for preparing a funding recommendation for the full Legislature by January 15, 2008. It is vital that the Legislature quickly act to adopt the committee's funding recommendation so that the most critical needs on Iowa's roadway system can be addressed. Requested Action: Work with area legislators, regional partners, Governor Culver and other leaders in the State to secure appropriations for TIME-21. State Mandates Cities are often faced with implementing mandates from the state and federal governments without receiving the necessary funds for implementation Requested action: Enact legislation that exempts local government from providing any new service or engaging in any new activities mandated by the state if the state does not provide full funding. Property Tax The current tax structure for state and local governments is a mix of tax laws, rates and policies that do not provide for a fair and consistent tax system. The Iowa League of Cities and the Iowa State Association of Counties (ISAC) have identified key areas needing revision for a comprehensive tax reform in Iowa. They include: 1) changes to assessment and valuation procedure, 2) changes to city and county budgeting processes, 3) developing an alternative to current property tax limitations, and 4) elimination of the rollback formula and homestead exemption. Requested action: Work with the Iowa League of Cities and ISAC to approve legislation to design a tax structure that provides tax equity and policies that are consistent with an overall direction for state and local government taxation. Homestead Tax Credit Each year the City of Dubuque tries to minimize the tax asking for the average homeowner by not increasing, and in some years, decreasing the City's property tax rate. The State of Iowa has created a partially unfunded mandate through the 3 establishment of the Homestead Tax Credit. The cost for the lack of full funding of this credit is passed on to taxpayers and diminishes the City of Dubuque's efforts to keep property tax rates low. The credit was funded by the State at 85% in 2003-2004, 81 % in 2004-2005, 78% in 2005-2006 and 2007-2008, and 73% in 2007-2008. Requested action: Reinstate full funding for the Homestead Tax Credit. Tax Increment Financing (TIF) The Iowa Code provides that cities can use TIF for certain public and private economic development purposes once an urban renewal plan is approved and an urban renewal district established. The ability to use TIF to assist private economic development projects in urban renewal districts has become a very useful financing and incentive for private investment. Requested Action: Support efforts to maintain Tax Increment Financing as an economic development financing tool. Funding of Major Transportation Projects The State of Iowa has used a strategy of allocating funds for completing the major transportation projects in the state as opposed to using a piecemeal approach. This strategy has been successful, with extensive work being completed on major corridors. The same strategy should be used for major projects in larger cities that require significant funding commitments for completing the projects in a reasonable amount of time. An example is the SW Arterial/Hwy 32. Requested Action: Support efforts to continue the strategy for funding major transportation projects throughout the state, including projects that have federal earmarks. Office of Energy Independence and Iowa Power Fund The City of Dubuque supports legislation that provides incentives for public and private sector developments that achieve greater energy efficiency and energy independence. This includes but would not be limited to tax credits to private individuals and developers who restore and reuse aging structures and also for those who construct new building that achieve energy efficient standards. Credits might also be available for the purchase of hybrid automobiles or vehicles and for the installation of energy efficient products in homes and businesses including geothermal, solar and other energy saving technologies. Requested action: Work with the legislators to draft and support legislation that would create State Energy Tax Credits. Sustainability Legislation The City of Dubuque is taking a leadership role in sustainability initiatives and supports the development of incentives which ensure the conservation of land, water and energy. Requested action: Support state legislation that promotes green building development practices. This would include practices that provide for resource and energy efficiency and conservation, resource-efficient lot or site design and preparation, and improvement 4 of indoor environmental quality through education of homeowners and business owners on proper maintenance and operations. Border Communities Incentive Program In the 2006 Iowa legislative session, House File 2731 was approved to create the Targeted Jobs Withholding Tax Credit Program. The Department of Economic Development oversees this program. The Targeted Jobs Withholding Tax Credit Program is a program for cities located adjacent to neighboring states to remain competitive in attracting new jobs. Receiving project city status for this program will make incentives available in the amount of up to 3 percent of the wages paid by the company on new eligible jobs. The program will only be available to four cities which have been chosen as pilot project cities. This program should be expanded to more communities that fit the qualifying characteristics. This program would help to keep Iowa's communities that border other states more competitive when attracting new business to the state. Requested Action: Support efforts to expand this program to allow more communities that fit the qualifying characteristics to be eligible to receive the incentive. This program would help to keep Iowa's communities that border other states more competitive when attracting new business to the state. Economic Development The role of city government in economic development is crucial. Economic activity requires roads, streets, airports, water and sanitation. New jobs necessitate more and better housing. Growing businesses seek quality of life amenities for employees and families, such as parks, recreation and libraries. Protection and safety of property and life must be assured. This can only be accomplished with the strong support of an effective city government. Successful quality of life programs need continued funding, such as Vision Iowa, REAP, CAT funds, Iowa Great Places, the Iowa Main Street program funds, and tax credits for historic preservation. Requested Action: Protect and enhance economic development tools enabling cities in Iowa to promote economic improvement throughout the state. Eminent Domain During 2006, the Legislature approved changes to the Eminent Domain Law. Included in the changes, and of particular concern, is the requirement that seventy-five percent or more of the area included in the urban renewal plan must consist of property in a slum or blighted condition at the time the plan was established in order for the entire project or acquisition plan area to be subject to condemnation by the municipality. We believe that a 51 % threshold is more reasonable. Furthermore, the new language provides that the project or acquisition plan area shall only include the adjacent and contiguous parcels necessary for the completion of planned activities for a specific business or housing project. This language would be limiting for downtown development projects that may be 5 larger in scope than just the parcels that meet the definition of slum and blight. Lastly, the burden for the use of eminent domain for airport project is increased by the requirement that the Board of Supervisors must hold a public hearing and pass a resolution unless the airport improvement is FAA-required. This creates additional layers of burden on a municipality. Requested Action: Support efforts to amend sections of the Eminent Domain Law to allow for changes as proposed by the Iowa League of Cities and noted above. Fully Funding Enrich Iowa Program Enrich Iowa is a state aid program for Iowa's libraries. Until recently, Iowa was one of eight states without direct state aid to libraries. Current state funding is at $1 million statewide versus the recommended $3 million for full funding. If Enrich Iowa were fully funded, the Carnegie-Stout Public Library could realize at least $100,000 a year in state aid. Requested Action: Support efforts to increase funding for the Enrich Iowa program. Enterprise Zone Incentives The Enterprise Zone legislation was written to promote private investment in economically distressed areas of a city or county. To assist new employees of companies locating in enterprise zones, the legislation provides for employers to establish a capital fund for down payments or rental subsidies. The business funds this program through a credit from state withholding taxes, based on the wages paid to the participating employees. An amount equal to 1.5 percent of the gross wages paid by the employer is credited from the payment otherwise withheld and used to capitalize this fund. This feature of the legislation has not been utilized to date. One reason is that the credit produces so little capital for the housing assistance program. For an employee earning $10 per hour, the credit equals approximately $300. Typically, down payment assistance programs offer $3,000 to $5,000; rental subsidy programs average $2,500 to $3,000 annually. In order to make this program effective, the credit for withholding should be increased. Another option is to allow the credit to be "pooled," to be made available to all eligible employees. As the legislation currently is written, the 1.5 percent credit is made available on the basis of withholding from individual employees -for the benefit of only that employee. If the credit could be aggregated, a larger capital fund could be established, from which all employees purchasing or renting housing in the enterprise zone could access funds for their housing needs. Another reason for lack of employer participation in this program is that the legislation requires the employer to choose between use of the tax credit for job training or for providing a housing assistance program. Employers to date have chosen to use the credit to pay for training new employees. Requested action: The legislation should be amended to provide the credit for both job training and employee housing assistance and to "pool" the funds. This will increase the tax credit and increase interest in the program by employers. 6 Hotel and Food Establishment License Fees In the 2006 legislative session, House Study Bill (HSB) 648 was introduced. This bill proposed increasing the hotel and food establishment license fees, bringing them in line with costs of running the program. The bill passed in 2007 increased the various food license fees by a range of 20 - 30%. This increase will still not pay for the cost of doing risk-based inspections, as required by Iowa Code. Requested Action: Support legislation that will fully fund State mandated health inspections for Hotel and Food Establishments through increased license fees. School Food Program Inspections An amendment to Section 9(h) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(5)) went into effect July 2005. This amendment imposes an unfunded mandate requiring at least two school food program inspections per year instead of one. Now, the City of Dubuque Health Services Department will have to inspect school food lunch programs (which actually cook food on-site vs. just serving food prepared at another site) two times per year, but will not receive any license or inspection fees for the service. The City does not believe it is necessary to inspect the school food lunch programs more than once per year based on past inspections. This unfunded mandate will add twelve inspections for a total of 50 annual uncompensated inspections for school lunch programs. Requested Action: Oppose legislation for a second School Food Program inspection, and/or create a funding mechanism to cover the costs of school lunch program inspections. 411 Contributions The City of Dubuque's contribution to the retirement system for police officers and firefighters went from 17% of wages in fiscal year 2003 to 25.48% of wages in fiscal year 2008. The City's contribution will be 18.75% of wages in fiscal year 2009. The contribution rate for police officers and firefighters has remained unchanged since Fiscal Year 1997. Their contribution is 9.35% of wages. Requested action: Any future increases in funding to support the retirement system for police officers and firefighters should be borne by the employees and not the cities. In the event there is a reduction in the funding needed to support the retirement system for police officers and firefighters, cities contribution to the system should be reduced. 411 Subrogation Currently in Chapter 411, cities are not allowed to seek reimbursement from Third Parties for costs incurred for Police and Fire injury and illness claims. As such, a Police or Fire employee may collect against the City for an injury or illness claim and collect a second time for the same incident against a Third Party. If the employee is successful in getting payment from the Third Party, the City is currently not able to obtain reimbursement (subrogate) from the Third Party payment. Requested action: 7 Amend Chapter 411 to allow cities to seek reimbursement from third parties for costs incurred for Police and Fire injury and illness claims. Seasonal Employees Currently, temporary seasonal employees that accept a job that starts on a specific date and ends on a specific date are eligible to collect unemployment. For example, temporary employees hired for 3 or 4 months to mow lawns during the summer are allowed at the end of the summer to collect unemployment even though they know the job is seasonal when hired. This puts a costly burden on the employer. Requested action: Amend the unemployment law so that seasonal employees are not allowed to collect unemployment. Underage and Binge Drinking Current legislation provides for a penalty to be placed upon the establishment that serves minors. However, only a simple misdemeanor penalty is placed upon the underage person attempting to purchase alcoholic beverages. This does not discourage this problem, which is particularly prevalent in college-age students. In an effort to combat underage consumption and "Binge Drinking" by our college age population, we would ask legislative consideration to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Requested action: Pass legislation to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Expand Definition of Good Moral Character One of the criteria for the issuance of a State of Iowa liquor license is determined by "Person of Good Moral Character" as defined in State of Iowa Code 123.3 (26)(d). The State takes into consideration the local municipality's interpretation of "Person of Good Moral Character" prior to issuing a liquor license. Requested action: Review the definition 123.3(26)(d) "Person of Good Moral Character" by consideration to expand felony convictions to include appropriate indictable misdemeanors (i.e. convictions of O.W.I. (321J.2), Bootlegging (123.59) and other such liquor violations) Civil Rights Enforcement Civil rights agencies are the law enforcement tools for civil rights laws. The Iowa Civil Rights Commission works in partnership with the Dubuque Human Rights Commission and other local commissions to successfully leverage resources to enforce civil rights laws across Iowa. Apart of that partnership includes a contract arrangement I which local commissions are reimbursed for processing cases that the State Commission would have to process in the absence of a local commission. In addition, the Iowa Commission also is responsible for enforcement of civil rights in Dubuque County. The state and local agencies are leaders in efforts to educate business and industry on civil rights laws, on diversity, and on preventing discrimination. Increasing caseloads and outreach obligations with minimal staff are impeding Commissions' abilities to protect the public and sending the wrong message regarding the value we place on diversity and inclusivity, at a time when we are struggling as a state to attract economic development 8 and build our workforce. Civil rights protection provides the mechanism to address and prevent problems in the workplace that could hamper new Iowans from locating and remaining in our state. Requested Action: Support budget increases for the Iowa Civil Rights Commission to enable the Commission to sufficiently reimburse local commissions for case processing and reduction in case backlogs and delays and to fully support statewide education and outreach efforts. Airport Issues AIR Fund Designate at least $3 million a year for aviation projects and programs through the establishment of the new Aviation and Iowa Resource or AIR fund. Vertical Infrastructure Funding Maintain Commercial Service Vertical Infrastructure funding of at least $1.5M and General Aviation Vertical Infrastructure funding at $750,000 for landside development projects at public-owned, public-use. airports in Iowa. Consider use tax on aircraft sales as revenue source. State Aviation Fund Beginning in FY 2008, revenues from aviation fuel taxes and aircraft registration fees will be deposited into the State Aviation Fund. Revenues from use taxes collected from aircraft sales must also be deposited into the State Aviation Fund to be reinvested into Iowa's air transportation system. Air Service Development Iowa is underserved by commercial air carriers. Recommend establishing a grant program using revenues from aviation fuel taxes already collected to assist smaller commercial service airport in developing and implementing air service programs. Airport Property Taxation Public property is exempt from property taxes. Publicly-owned, public use airports are pubic facilities. Airports need legislative clarification that airport property used for agriculture and other (non-aviation uses) is not subject to property taxation. The main purpose of such property is to maintain runway protection zones and compatible land uses for the safety of aviation activities. Eminent Domain Publicly-owned airports are important public facilities. Airports and their sponsors need to have the ability to use eminent domain when necessary for publicly-owned airport projects that play a role in maintaining and increasing safety and in meeting the growing air transportation demands. Rebuild Iowa Provide for continuation of Rebuild Iowa Infrastructure Fund appropriations for vertical infrastructure projects at both commercial and general aviation airports. 9 Expand Cities' Extraterritorial Jurisdiction Cities have extraterritorial jurisdiction (ETJ) for up to two miles from their corporate limits for subdivision review and approval only if the County has zoning for the rural areas. Extending the cities' ETJ to include review and approval of zoning changes would facilitate planned and managed growth. Legislation should provide incentives for governments to voluntarily plan together and identify recommended land use impact to be considered during the planning process. The League supports legislation that expands land management practices such as ETJ of cities to include review and approval of zoning changes. Requested action: Support legislation enabling cooperative planning and effective land management practices. Property Owners on Historic Preservation Commissions Section 303.34 of the Iowa Code requires that "At least one resident of each designated area of historical significance shall be appointed to the commission." This requirement is problematic for the City of Dubuque's Old Main Historic District, which is primarily commercial. It would be beneficial for the City in the recruitment and retention of commissioners to be able to appoint property owners to represent historic districts. Furthermore, since historic preservation regulations apply to the rehabilitation, renovation and restoration of property, allowing property owners to serve on the commission would be appropriate. Furthermore, some Iowa cities are experiencing burgeoning commissions as historic districts are designated and representatives of each district are appointed. To avoid "over-populating" a commission, allowing a majority of the districts to be represented on a historic preservation commission would be appropriate. Requested action: Enact legislation allowing property owners to represent a majority of the historic districts on the Historic Preservation Commission. Appeal of Actions by Historic Preservation Commission Section 303.34 of the Iowa Code states that an aggrieved party may appeal the action of a historic preservation commission to the City Council, and then to district court. The City Council, like the court, has to consider whether the commission exercised its powers and followed the guidelines established by law and ordinance, and whether the commission's action was "patently arbitrary and capricious." This process places the City Council in the difficult and uncomfortable position of interpreting technical guidelines and determining their appointees "arbitrary and capricious." The City Council would support an alternative process. Requested action: Consider legislation providing an alternative appeals process regarding an action of the historic preservation commission. Ambiant Air Quality Rules In July 2004 the Environmental Protection Commission set H2S limits at 30 parts per billion (ppb) with a 60 minute average. Due to the fact that this is an air quality rule, it has to affect everyone, farmers, industries and municipalities alike. This rule could have disastrous effects on wastewater plants causing cities to provide for major H2S, ammonia and other mercapton control system that are very expensive and costly to operate. 10 Requested action: Enact legislation that exempts local government from the 30 ppb rule. Increase REAP Funding in the Environment First Fund REAP stands for Resource Enhancement and Protection. It is a program in the State of Iowa that invests in, as its name implies, the enhancement and protection of the state's natural and cultural resources. The following four state agencies administer REAP programs: 1. Department of Natural Resources 2. Department of Agriculture and Land Stewardship, Division of Soil Conservation 3. Department of Cultural Affairs, State Historical Society 4. Department of Transportation REAP funds go into eight different programs based on percentages that are specified in state law. REAP Fund Allocation: First $350,000 each year goes to Conservation Education and 1 % of balance goes for DNR Administration. The remaining balance is then divided as follows: 1. DNR Open Space 28% 2. City Parks and Open Space 15% 3. Soil and Water Enhancement 20% 4. County Conservation 20% 5. DNR Land Management 9% 6. Historical Resources 5% 7. Roadside Vegetation 3% REAP is funded from the state's Environment First Fund (Iowa gaming receipts) and from the sale of the natural resource license plate. The state legislature sets the amount of REAP funding every year, and in the recent past that level has been $10 million from the general fund. Interest from the REAP account and receipts from the sale of natural resource license plates add about $1.0 million to this appropriation for a total of $11 million a year. REAP was originally authorized for $30 million per year for 10 years. In 1996, the state legislature reduced the authorized maximum appropriation from $30 million to $20 million per year and extended the program's life to 2021. Last year the legislature increased the REAP appropriation by $4.5 million to $15.5 million (a 40% increase). Requested Action: Request that the Iowa Legislature increase REAP funding to $20 million next year, so for the 1 Sc time in its 18-year history REAP will be fully funded. Assessor's Bill Property tax experts or representatives are now part of the tax appeal process. A tax representative can file an appeal for a large commercial property under a contingency basis, receiving their pay based on a percentage of the property tax savings they can achieve for their client. In many of these cases little or no money is expended by the taxpayer. The representative files a protest with the Board of Review and supplies little or no information to the Board. The Board may deny the protest but the tax representative will file a protest to either District Court or the Property Assessment 11 Appeal Board. At this point the tax representative may produce more information or they may try to negotiate a settlement. On the assessor's side it may be very costly to hire appraisals and fight this out in Court. A single appraisal for a large Commercial or Industrial property will easily exceed $5000. Also, many appeals to the Board of Review are filed at the last minute with a statement such as information to be presented at hearing. Many appellants never provide the information or provide it very late in the Board of Review session so the Board is unable to reach a well founded conclusion. Requested Action: Request the Iowa Legislature to limit appeals to District Court and the Property Assessment Appeal Board to matters and information that were presented before the local Board of Review. Ask the Iowa Legislature to review appeal dates and Board of Review sessions to allow sufficient time for appellants to present all their information. 12 Legislative Priorities for 2008 -Dubuque Community School District Approved by Board action on July 16, 2007: Extend the school infrastructure local option tax to a statewide penny sales tax distributed on a per pupil basis, recalculated annually to adjust the statewide average revenues per student. (Maintain cur°rent scope of permitted use; `protect "from "raiding " by fi~turc legislative sessions fa~ some reliable amount of time. Agenda of needs within our district is still significant.) Set allowable growth at a rate that encourages continuous school improvement and reflects actual cost increases experienced by school districts (no lower than 6 percent). (Operating budget is strained due to costs of opening and staffing new schools, rising costs generally, bargaining settlements with cost greater than "new money. ') Provide state funding to implement quality professional development to improve student learning through each school district's Career Development Plan. Additional days should be funded and required until a minimum of 10 days of quality professional development exists in every school district. (Key need is for time -not taken away. fi~om instructional time - fo~° ongoing learning by professional staff in order to be more effective in helping all students reach higher levels of achievement.) Require the development of consistent, rigorous content standards that set high expectations for student learning at the state level, while providing flexibility and supports to local school districts in delivering on those high expectations. (Model Core Curriculum has potential, but needs to be fully developed for all grade levels and content areas. Required curriculum should also address " 21S' Century Skills. " Sec attachment.) • Provide predictable and timely state funding for serving special education students at a level that reflects the actual cost, including education programming and health care costs. (DCSD special education "deficit"-excess costs -were $1.2 million in 05- 06, and $1.3 million in 06-07; impact on property tax has been @ SO¢ per $1,000.) Early Childhood Recommendations: • Continue Investment of state resources to ensure that all 4-year-olds have access to a high quality preschool program, to be funded by revenues that do not divert what would otherwise be K-12 resources. Districts working with preschool providers in their communities -public and nonpublic -will help ensure "universal" access to quality programs. Member The Partnership for 21st Century Skills has developed a vision for 2 I st century Organizations student success in the new global economy. • Adobe Systems Inc. • American Association of School Librarians • Apple • AT&T • Blackboard Inc. • Cable in the Classroom • Cisco Systems Inc. • Corporation for Public Broadcasting • Davis Publications Inc. • Delllnc. • Discovery Education • EF Education • Educational Testing Service • Education Networks of America • Ford Motor Company Fund • Intel Foundation • JA Worldwide • KnowledgeWorks Foundation • LeapFrog SchoolHouse • McGraw-Hill Education • Microsoft Corporation • National Education Association • Oracle Education Foundation • Pearson Education • PolyVision • SAP • SAS Institute • Texas Instruments • THINKronize • Thomson Gale • Verizon Pumi~aua, ~:o~n3ro~ <' ! ~~t t~~:;~,~t~;ry Srr-rc~t~nt ~`a~rtc~rr~es arit~ Si_i~~c~r-i. `.~y~t~~r1~s ,. ramin~ [rwinJnn,•~nb 2 I ST CENTURY STUDENT OUTCOMES The elements described in this section as "21st century student outcomes" (represented by the rainbow) are the skills, knowledge and expertise students should master to succeed in work and life in the 21st century. Core Subjects and 21st Century Themes Mastery of core subjects and 21st century themes is essential for students in the 21st century. Core subjects include English, reading or language arts, world languages, arts, mathematics, economics, science, geography, history,government and civics. We believe schools must move beyond a focus on basic competency in core subjects to promoting understanding of academic content at much higher levels by weaving 21st century interdisciplinary themes into core subjects: • GlobalAwareness • Financial, Economic, Business and Entrepreneurial Literacy • Civic Literacy • Health Literacy ~ J 1. ~ ~ ~: urr~u.il~irri ,~nr,1 ~fISL(UL(IUI1 Prn`~ ;cinna! Dev~~ii~pmwir Learning and Innovation Skills Learning and innovation skills are what separate students who are prepared for increasingly complex life and work environments in the 21st century and those who are not.They include: • Creativity and Innovation • Critical Thinking and Problem Solving • Communication and Collaboration Information, Media and Technology Skills People in the 21st century live in a technology and media-driven environment, marked by access to an abundance of information, rapid changes in technology tools and the ability to collaborate and make individual contributions on an unprecedented scale.To be effective in the 21st century, citizens and workers must be able to exhibit a range of functional and critical thinking skills, such as: • Information Literacy • Media Literacy • ICT (Information, Communications and Technology) Literacy Life and Career Skills Today's life and work environments require far more than thinking skills and content knowledge.The ability to navigate the complex life and work environments in the globally competitive information age requires students to pay rigorous attention to developing adequate life and career skills, such as: • Flexibility and Adaptability • Initiative and Self-Direction • Social and Cross-Cultural Skills • Productivity and Accountability • Leadership and Responsibility 2 I ST CENTURY SUPPORT SYSTEMS Developing a comprehensive framework for 21st century learning requires more than identifying specific skills, content knowledge, expertise and literacies. An innovative support system must be created to help students master the multi-dimensional abilities required of them in the 21st century. The Partnership has identified five critical support systems that ensure student mastery of 21st century skills: • 21st Century Standards • Assessment of 2 I st Century Skills • 21st Century Curriculum and Instruction • 21st Century Professional Development • Z I st Century Learning Environments For more information, visit the Partnership's website at www.21 stcenturyskills.org. • ~ . ~ ~ ~ 9TH ANNUAL LEGISLATIVE DINNER MEETING NOVEMBER 8, 2007 ~ 5:30 P.M. PARKVIEW EAST, DUBUQUE GREYHOUND PARK Hs CASINO 1. Welcome/Introductions -Mayor Roy D. Buol 5:30 p. m. 2. Dinner Served 3. Overview of the City's Legislative Issues 6:00-6:10 p. m. for the 2008 Legislative Session 4. Comments from Dubuque County 6:10-6:20 p. m. Representative 5. Comments from Dubuque Community 6:20-6:30 p. m. School Board Representative 6. Comments from Legislative Delegation 6:30-7:00 p. m. 7. Open Discussion 7:00 p. m. DUBUQUE COUNTY LEGISLATIVE PRIORITIES 2008 SESSION Presented November 8, 2007 The Dubuque County Board of Supervisors begins this presentation by welcoming and thanking all our legislators for your assistance in the past years. We are confident that we can continue to work together during the upcoming session for the well-being of Dubuque County, the City of Dubuque, our school districts and the State of Iowa. 1. Southwest Arterial This is a request for your continued leadership and support to keep the IA-32 Southwest Arterial Project moving forward. This project is our No.l surface transportation priority for the Dubuque area and identified as critical to the future of our business community, as it will provide a vital connection between the west and south sides of Dubuque County. The two lane project is currently estimated at a cost of $80 million. To date, the Environmental Assessment has been completed and a preferred alignment has been determined. We will again be asking our state and federal legislators to protect this vital project and secure further funding. We look forward to working with the City of Dubuque and the Iowa Department of Transportation to identify potential sources of funding to complete this project. 2. Highway 20 Corridor The completion of the Highway 20 corridor project is another surface transportation priority and we urge the Iowa Department of Transportation to continue improvements. Currently, the section of Highway 20 from Seippel Road to Swiss Valley Road accommodates 15,000 vehicles daily and it is estimated that by 2030 vehicles traveling this section will increase to 34,000 daily. The North Cascade Road and Swiss Valley Road interchange project is needed to alleviate accidents and deaths at these dangerous intersections. 3. Julien Dubuque Bridge Dubuque County considers the proposed construction to add two more lanes south of the Julien Dubuque Bridge a transportation priority which will promote further economic development for our county. Building this new bridge section will link Dubuque County to other important communities east of the Mississippi River. Although federal, state and local funding has been secured, a substantial funding gap is left to complete this $130 million project. In the meantime, we urge our federal and state legislators to prioritize additional monies for this project and continue to work with the State of Illinois to partner in the funding mechanism. 4. Iowa Department of Transportation Illumination Specifications and Standards In the past, the Iowa Department of Transportation has increased the illumination specifications and standards for lighting on Iowa highways and highway intersections. We would encourage the legislature to earmark special funding to the Iowa Department of Transportation to provide more lighting on Iowa's intersections and interchanges making the roads safe for our citizens. 5. Road Use Tax Fund Current studies show that all road entities lack sufficient resources to maintain their existing road and street system. However, neither the Department of Transportation, cities nor counties should be allocated less than their current share of revenue sources making up the Road Use Tax Fund. Additional dollars are needed by all to make necessary safety improvements and to respond to economic opportunities. We oppose any diversion of income to other uses and away from all of the entities. 6. Farm Exemption Zoning Issue In regard to Code of Iowa Chapter 335, the exemption form county building codes and zoning regulation as applied to farm houses is difficult to administer. Legislative amendments from 1962 and an opinion from the Attorney General's Office (#97-1-1) have made it virtually impossible for a county to apply objective standards in order to uniformly and consistently administer the exemption. We ask that you eliminate the exemption from building and zoning regulations for farm houses, this would allow each county to adopt criteria to determine where a home may be built without the risk of being challenged because of the agricultural exemption. 7. Medicaid ARO Transition to Remedial Services and HCBS Habilitation Services While consumers enjoy more services as a result of the ARO Medicaid program the transition to the new Medicaid Remedial Services and HCBS Habilitation Services may result in the shifting of costs from the state to the counties. DHS needs to provide technical assistance and oversight for the transition to the new Medicaid Remedial Services and HCBS Habilitation Services to ensure that consumers receive the services they need in the community without increasing costs for these necessary services to County funds. For example, those with a chronic mental illness may also be limited to pre-vocational earnings described below under MR waiver services. Dubuque County apposes state and federal administrative rule changes, regulations and or DHS interpretations that shift funding for services from federal and state funds to county funds. Currently, those who earn above 50% of minimum wage do not qualify for federal Medical dollars and or must withstand a rigorous evaluation process to maintain ongoing eligibility. The irony and inequity is that the Department of Labor requires that these positions require a wage. Although the county supports this vocational training to attain a job in the community - additional training often takes years before the goal is accomplished leaving the county to fund the service at 100%. 8. Case Management and the Iowa Plan Chapter 90 administrative rules provide for an authorization process and eligibility criteria for both the Department of Human Services (DHS) and Magellan to follow in authorizing targeted case management (TCM) services. Magellan interprets the established criteria and the role of the targeted case manager from a narrow clinical perspective, rather than recognizing the criteria from chapter 24. There continue to be TCM de-certifications, and this is leading to appeals to the state administrative law judge, resulting in additional costs to both the counties and the state. Dubuque County supports use of the DHS authorization criteria by Magellan continued efforts of DHS in assuring that Magellan interprets the criteria in the same manner as DHS. 9. Clerk of Court The Court should find placements for persons committed under Iowa Code Chapters 125 and 229 rather than shifting this function and cost to counties. Counties will continue to work with the courts to make this process function smoothly for those Individuals who are funded by a county, but not all persons committed under these two Chapters are the funding responsibility of the individual counties. Dubuque County also supports ISAC's stand on the completion of the transition of funding court-appointed attorneys, advocates, sheriff's fees and court ordered diagnostic evaluations from the counties to the state. This should include both chemical dependency under Iowa Code Chapter 125 and mental health under Iowa Code Chapter 229. The state orders the services, sets allowable fees and then sends the bills to the county often without the coordination to fulfill the county MH/DD plan requirements. 10. Judicial Advocate Position The Judicial Advocate position continues to be a problem for counties. These individuals are appointed and supervised by judges. Counties were mandated to pay IPERS for advocates appointed under Iowa Code Section 229.19 in December of 2000. Advocates appointed under 229.19 are not county employees, nor are they state employees. We object to paying for the advocates; it is philosophically abad idea because advocates are paid to represent consumers, while the County pays for Targeted Case Management to make those determinations. And we also object to paying rates over which we have no control as they are set by the Chief Judge of the Judicial District, who also supervises their work. The state should complete the transition of funding and supervision ofcourt-appointed mental health advocates from counties to the state. 1l. Juvenile Services Transition Currently there are waiting lists for child waiver programs that can grossly interrupt funding streams for adult services. Recurrently in Dubuque County, due to the inability of a 17 year old to apply for a MR Waiver child slot due to a state wide waiting list; the County was asked to fund a 24 hour residential service for three months awaiting a cumbersome application process for an adult MR W slot. 12. Medicaid The Medicaid program provides necessary medical and medically-related services to Iowa's most vulnerable residents. It is a safety net that meets needs which otherwise would go unmet or be absorbed by counties. Dubuque County supports the continuation of the current Medicaid program, including all optional eligibility groups and all optional services including dental care. In addition, the Medicaid reimbursement rates for Psychiatrists and for Community Mental Health Center services in general should be increased to ensure the viability of these necessary programs. See "Waiver Services" priority 13. Medicaid Eligibility during Jail and Detention Loss of Medicaid coverage when adults and children are in jail or detention during the pre-trial phase results in the loss of needed services. Dubuque County supports the state funded continuation of Medicaid eligibility for those being held in jail or juvenile detention. 14. Mental Health and Substance Abuse/Chemical Dependency Parity Iowa needs to expand the insurance parity law to cover all mental health diagnosis and substance abuse/chemical dependency treatment including comprehensive and flexible insurance coverage and prescription drug coverage equal to that of other medical benefits in employee health insurance programs. 4 15. Mental Health Growth Factor The mental health growth factor should reflect the state's commitment to property tax relief made in 1996 by funding all system growth while capping county property tax funding. This commitment will not be fulfilled until the cuts made in FY02 are fully restored and future growth truly addresses the three factors in SF 69 (service cost inflation, increases in number of consumers, and investments for economy & efficiency). In addition, funding for the risk pool and per capita equalization fund should be treated separately. The section of the MH/MR/DD formula enacted in 2002 requiring percentage fund balances for Counties to be eligible for State funds needs to be repealed. Counties cannot budget to the exact penny while insuring mental health access to its citizens. If Counties spend down all resources and new consumers present with mental health needs; their needs may not be funded or may be funded inadequately. Proactive and timely access to rapidly changing ARO and Waiver funded services using federal dollars generally give counties a higher fund balance that was originally budgeted in a given year. The best possible solution to the Iowa dilemma for services to the Mentally Ill, Mentally Retarded and Developmentally Disabled is for the State to follow almost all other states and assume responsibility for this entire system. One way to do this would be for the State to assume the system, in which case the concept of "legal settlement" could be discontinued and clients could move more freely through the system and be placed in appropriate settings closer to their homes. We have suggested in the past that counties could agree initially to pay to the state an amount based on current tax levies to match federal dollars. Ultimately that amount would decrease each year until the county property tax responsibility would be gone. This change could maximize federal money, abolish legal settlement issues and end fragmentation of services caused by having 99 different management plans in each county, and would provide equity for "state cases." This would benefit the consumer and lower property tax permanently. 16. MH/DD System Redesign It is our understanding that ISAC will again support the redesign of the Mental Health- Developmental Disabilities Fund this session of the legislature. The redesign is based on the concepts of consumer-driven services, eliminating disparities in services, and improving outcomes for consumers by providing services in the community rather than institutional biases. The interdependent components contained in the MH/MR/DD/BI Commission Report are dependent upon the state to provide adequate funding and be adopted as a complete packet. This plan would abolish "legal settlement" and counties would pay for services based on residency. As a county rich in providers, we oppose this concept until all services are paid for by the State of Iowa. Providers in Dubuque County furnish services to consumers from many other counties, and currently the other counties pay for those services. In the event that the entire proposal is not adopted, legal settlement must remain in place. Another consideration is staffing of our Central Point of Coordination, if that office is expected to manage many more cases and consumers. Please consider the needs of Dubuque County on this issue. 17. Psychiatrist Shortage Dubuque County supports a statewide effort for the recruitment of psychiatrists and psychiatrically trained and certified physicians' assistants and nurse practitioners. The shortage of trained psychiatric professions is now becoming critical in even urban areas. In addition, the Medicaid reimbursement rates for Psychiatrists and for Community Mental Health Center services in general should be increased to ensure the viability of these necessary programs. 18. State Case Programs Effective October 1, 2006 legislation transferred the management of individuals determined to be state cases was transferred to the County residency. These services are to be paid for by the state in accordance with the county management plan and negotiated provider rates of the county in which the individual lives. DHS should be observed for micro-managing and interpretation of individual County Management Plan that may interfere with the management and funding of state cases. Counties should be compensated for the management of this program just as Magellan was compensated. 19. State Funding for "812" Commitments Defendants requiring an evaluation to determine competency to stand trial, or restoration of competence, generally receive services at a state institution. Those institutions, in turn, look to counties to cover these costs, even though they are a legitimate cost of the defense. In 2004, the Legislature amended the law to allow 812 evaluations in the community and restoration of competence in community-based programs under some 6 circumstances. However, the legislation did not clarify payment responsibility. Dubuque County supports legislation to revise Iowa Code chapter 812 to clarify that the evaluation and restoration of competence to stand trial, pursuant to Iowa Code Chapter 812, is a state funding responsibility in cases where the defendants are unable to pay. 20. Waiver Services - MR Waiver Dubuque County apposes state and federal administrative rule changes and regulations that shift funding for services from federal and state funds to county funds. There has been a variety of ongoing changes effecting eligibility. For example, MR waiver funded pre-vocational services are dependent upon pre-vocational earnings. Currently, those who earn above 50% of minimum wage do not qualify for federal Medical dollars and or must withstand a rigorous evaluation process to maintain eligibility. The irony and inequity is that the Department of Labor requires that these positions require a wage. Although the county supports this vocational training to attain a job in the community -additional training often takes years before the goal is accomplished leaving the county to fund the service at 100%. - BI Waiver Although the Department of Human Services had made federal application for an additional BI W slots for this fiscal year, funding of services for a person with a brain injury is limited and many of these individuals are unable to obtain the services they deserve through the BI W (for example, compensated vocational training) and results in Case Managers requesting County funding to supplement the Waiver. In addition, there is a cap of $ 2,060 on monthly expenditures for necessary services. Counties do not have the resources available to add a new population group or unexpected service options for those have been determined to be brain injured. Therefore, it is imperative and equitable that funding comprised of state and/or federal dollars would provide services for persons with brain injury. 2l. Unmet needs in Substance Abuse (SA) We continue to hear from our constituents about unmet needs for Substance Abuse (SA) clients. Although the legislature agreed to provide appropriate treatment for these consumers, Dubuque County has had to budget $75,000 in the general fund to provide housing services to Substance Abusers at the Julien Care Facility. These consumers are often awaiting a bed to a state funded SA Residential Treatment Center. Dubuque County has a half way house for those who have completed residential SA treatment elsewhere in Iowa and are in need of ongoing recovery support services in a transitional living 7 environment in the community. This service is being funded by federal and state funds and United Way funds in Dubuque. The original thinking about the transfer of substance abuse services was that the State of Iowa would fully fund SA services under Iowa Code including commitment costs, which counties continue to pay. Detoxification services should be included in the definition of substance abuse services funded by the state. (There is currently no mandate for counties to pay for detoxification services). The state should also follow the code section mandate requiring the Department of Inspection and Appeals to pay attorney fees for substance abuse and committals. There needs to be more SA dollars allocated to residential treatment in Dubuque County similar to what is being provided in other metro areas in Iowa. These areas include Fort Dodge, Mason City Iowa City, Cedar Rapids, Waterloo, Davenport, Sioux City and Council Bluffs. The travel distance to surrounding treatment facilities is a barrier that does not allow the client and family and other natural supports ready access to the treatment milieu. The money is managed by Magellan and can't be relocated to different needs in a community. For example in Dubuque County, outpatient, halfway house services and assessment services are funded. The State is aware of the needs and new money should be allocated to under served areas so that all large metro areas have access to SA residential treatment. Approximately 70% of persons with chronic mental illness experience a co-occurring problem with substance abuse/chemical dependency. It is critical that the State of Iowa and the managed care contractor also approach and fund the treatment needs of this dually diagnosed population in an integrated community based residential treatment facility. 22. Additional law enforcement training in areas of Mental Health and Substance Abuse at the ILEA The legislature should increase the mandatory training hours of all law enforcement officers at the Iowa Law Enforcement Academy in areas of Mental Health and Substance Abuse. This training will benefit our citizens and assist with jail diversion to services available. We thank you for your leadership for our community and support in the past. We look forward to working together to resolve the issues and represent our citizens.