This report fulfills the provisions of a contract between Florida TaxWatch Research Institute, the Leon County Commission and the Tallahassee City Commission. Its purpose is to inform County and City officials and the community on the two governments' stewardship of the one-cent local option infrastructure sales surtax since 1989; to recommend a plan to improve performance and accountability if voters extend the tax beyond November 30, 2004; and to forecast economic impacts on Leon County-Tallahassee of extending and not extending the tax.
On September 19, 1989, more than three-fifths of Leon County voters participating in a referendum approved a one-cent local option infrastructure sales surtax for 15 years. The ballot referendum, plus Leon County Ordinance 89-14 and City of Tallahassee Resolution 89-R-0024, stipulated that tax revenues would be used to construct critical and significant community capital improvements in law enforcement and transportation.
The campaign to enact the tax, spearheaded by the Tallahassee Chamber of Commerce and the Leon County and City of Tallahassee Commissions, asked voters to "take charge of their future." According to campaign literature, the most immediate need for the tax was to spend up to $63 million for a court-ordered jail. Another priority was transportation improvements, especially state roads that the County and City Commissions found were Leon County's biggest transportation deficit.
Because state funding for most if not all of the state road projects in the Leon County/City of Tallahassee 2010 Transportation Plan would not be available until at least the mid 1990s, the City Commission proposed to use one-cent sales tax revenues to "advance fund" a dozen state road projects, based on state reimbursement (without interest, as provided by state law) within three to six years following project completion. Additionally, 14 City roadway and 18 intersection improvement projects were listed in Resolution 89-R-0024. Two alternative Leon County project lists were included in an August 21, 1989 memorandum from the County Administrator to the County Commission, and an adopted list is included in subsequent Sales Tax Projects Status Reports.
Campaign literature also stated that up to 30% ($80 million out of a projected $267 million) of one-cent sales tax revenue to be collected over 15 years would be paid by visitors and shoppers, students, legislators and their staff and lobbyists.
In December 1999, the Leon County Commission and Tallahassee City Commission voted to contract with Florida TaxWatch, a statewide non-partisan, non-profit government watchdog and education foundation, to conduct a study to address three questions:
Have sales tax revenues been
spent in accordance with the1989 ballot referendum requirements, Leon County
Ordinance 89-14, City of Tallahassee Resolution 89-R-0024, and prudent and
effective public management practices?
What can be done to improve
performance and accountability, and to engender citizen confidence, if voters
extend the sales tax beyond November 30, 2004?
What will be the likely
economic impacts on Leon County-Tallahassee of extending and not extending the
tax?
To answer these questions, Florida TaxWatch examined legal requirements; campaign commitments to voters; and accomplishments and shortcomings regarding one-cent local option infrastructure sales surtax policymaking, planning, execution and evaluation as described and documented in the following:
The 1989 Ballot Referendum;
An Interlocal Agreement
dividing sales tax revenues between Leon County (52.84%) and the City of
Tallahassee (47.16%);
County Ordinance 89-14
authorizing the tax upon approval by the voters;
City of Tallahassee
Resolution 89-R-0024 identifying projects to be funded by the tax;
An August 21, 1989
memorandum from the County Administrator to the County Commission containing two
alternative project lists;
1989 sales tax campaign
literature produced by the Tallahassee Chamber of Commerce, Leon County and the
City of Tallahassee;
County Commission, City
Commission and Metropolitan Planning Organization (combined County and City
Commissions) agenda items, status reports and meeting minutes between 1989 and
2000;
Sales tax memoranda from
County and City officials;
1999-2000 Leon County and
City of Tallahassee Capital Budgets; and
County and City accounting
and auditing records.
Florida TaxWatch also conducted face to face and telephone interviews, and received written responses from 26 Leon County and City of Tallahassee staff who provided sales tax project information, clarified issues and validated facts. Additional interviews and telephone contacts were with community activists and concerned citizens.
Finally, Florida TaxWatch subcontracted with the Center for Economic Forecasting and Analysis at Florida State University to assess economic impacts on Leon County-Tallahassee of extending and not extending the one-cent local option infrastructure sales surtax beyond November 30, 2004.
REPORT CARD ON STEWARDSHIP OF LEON COUNTY'S ONE-CENT LOCAL OPTION SALES SURTAX
Florida TaxWatch's six-month review of Leon County's and the City of Tallahassee's stewardship of the one-cent local option infrastructure sales surtax included examination of the presentation of the tax's legal requirements and goals, priorities and benefits to voters during the 1989 public information campaign; project planning, discussion and decisions by the County and City Commissions between 1989 and 2000; program management and evaluation; and the status of projects funded since the tax was imposed on December 1, 1989.
As detailed on the following pages, this review finds both positive efforts/accomplishments and notable shortcomings/areas which should be improved during the remaining four years of the current tax, and which should be addressed for a prospective tax extension to be decided by the voters in November 2000.
Most of the following sections begin with a Florida TaxWatch (FTW) finding(s), then include City of Tallahassee (City) and Leon County (County) responses and comments based on their review of earlier drafts of this report. Sections beginning with County or City comments contain information which, based on FTW research and interviews, is believed to be accurate.
FTW Finding: Law enforcement improvements, including a new $60 million County jail and a $7.8 million expansion of Tallahassee Police Department headquarters, were completed on time and within budget. Jail bonds will be retired by 2004.
County Comment: As a very important community need (and court-ordered mandate), County Commissioners in 1989 wanted to let citizens decide not if but how to pay for the jail. It was felt at the time that there was far greater "tax equity" in a sales tax over an increasing property taxes to pay for the facility.
Note: City projects included state roads, major and minor City roads and intersection improvements. County projects included state roads and major County roads. During the initial four years of the sales tax, the County focused its attention on jail construction. These factors help explain why the City's roadway completion rate is higher than the County's.
| ITEM | ORIGINAL BUDGET | PROJECTED/TOTAL BUDGET | COMPLETION DATE |
|---|---|---|---|
| Leon County Jail | $52,000,000.00 | $51,485,000.00 | 1992 |
| Orange Ave (S. Monroe to Blairstone Rd.) |
$6,311,800.00 | $16,000,000.00 | 2003 |
| Old Bainbridge Rd. (Phase I - Brevard to Tharpe St.) |
$4,213,000.00 | $15,000,000.00 | 2003 |
| Old Bainbridge Rd (Phase II - Tharpe St. To Capital Cir. NW) |
$5,919,650.00 | $8,200,000.00 | 2010 |
| Miccosukee Rd. (Magnolia Dr. to Capital Cir. NE) |
$59,198,650.00 | $24,744,681.00 | 2001 |
| Buck Lake Rd. Mahan Dr. to Pedrick Dr.) |
$2,640,000.00 | $9,000,000.00 | 2004 |
| Magnolia Dr. (S. Monroe to Lafayette St.) |
$3,140,500.00 | N/A | N/A |
| Centerville Rd. (Bradfordville Rd. to Proctor Rd.) |
$3,135,000.00 | N/A | N/A |
| ITEM | ORIGINAL BUDGET | PROJECTED/TOTAL BUDGET | COMPLETION DATE |
|---|---|---|---|
| Bannerman Rd. (Thomasville Rd. to Meridian Rd.) |
$847,000.00 | N/A | N/A |
| Tharpe St. (Capital Cir. To Mission Rd.) |
$16,390,000.00 | N/A | N/A |
| Bradfordville Rd (Centerville Rd. to Thomasville Rd.) |
$1,032,000.00 | N/A | N/A |
| Chaires Crossing (US 27 to US 90) |
$1,144,000.00 | N/A | N/A |
| Thomasville Rd (Woodbine to Kinhea Dr.) |
$6,920,000.00 | $8,900,000.00 | 2000 |
| Bannerman/Bradfordville Realignment | $600,000.00 | $1,196,863.00 | 1999 |
| Mahan Dr. | $9,000,000.00 | $9,100,000.00 | 2002 |
| McCraken Rd. | $528,185.00 | $528,185.00 | 1999 |
| S.A.F.E. | $710,000.00 | $710,000.00 | 1999 |
| Intersection Safety Improvements Blairstone Rd/St Augustine Timberland Rd./Timberland School Rd. Joint Signal Installations |
$100,000.00 | $100,000.00 | 1999 |
| ITEM | ORIGINAL BUDGET | PROJECTED/TOTAL BUDGET | COMPLETION DATE |
|---|---|---|---|
| ADVANCE FUNDING OF STATE ROAD PROJECTS | |||
| Capital Cir. Multilaning right-of-way (Centerville to Mahan) |
$5,250,000.00 | $821,425.00 | 1993 |
| Capital Cir. Multilaning construction (Centerville to Mahan) |
$5,453,000.00 | ||
| Interstate 10 East Ramp and Raymond Diehl Road Project |
$2,177,000.00 | ||
| South Adams (4 Points to Bronough-Duval Overpass) |
$3,350,000.00 | $11,500,000.00 | |
| North Monroe (Tharpe to I-10) |
$4,483,200.00 | $19,455,200.00 | |
| Gaines-Bloxham (Lake Bradford to Franklin) |
$3,334,000.00 | $12,000,000.00 | |
| Capital Cir. Multilaning (Mahan to Apalachee) |
$1,080,000.00 | $25,600,000.00 | |
| Capital Cir. Multilaning (Blountstown to West Tennessee) |
$15,838,900.00 | $19,888,900.00 | |
| Pensacola St. (Capital Cir to Appleyard Dr.) |
$3,150,000.00 | $15,200,000.00 | |
| Blountstown Hwy. (Capital Cir to Aenon Church Rd.) |
$4,000,000.00 | $8,400,000.00 | |
| ADVANCE FUNDING OF COUNTY PROJECTS | |||
| Orange Ave. (Monroe to Blair Stone) |
$6,311,800.00 | $0.00 | |
| Thomasville Rd. right-of-way (I-10 to Woodbine Dr.) |
$10,900,000.00 | $0.00 | |
| CITY LAW ENFORCEMENT PROJECT | |||
| Police Building expansion | $5,050,000.00 | $4,817,023.00 | 1995 |
| CITY 2010 PROJECTS | |||
| East Park Ave. (Magnolia to Capital Cir. East) |
$7,300,000.00 | $13,283,900.00 | |
| White Dr. (Pensacola to Mission) |
$2,850,000.00 | ||
| Mission Rd. (White to Fred George) |
$14,472,000.00 | ||
(Monroe to Betton) |
$4,487,500.00 | $0.00 | |
| Macomb St. (Brevard to Gaines/Bloxham one-way pair) |
$3,749,000.00 | $8,801,582.00 | 1999 |
| $892,000.00 | $0.00 | ||
| Appleyard Dr. (Mission to Jackson Bluff) |
$1,303,500.00 | $11,240,954.00 | 2000 |
(Centervile to Mahan) |
$4,158,000.00 | $0.00 | |
| Blair Stone Rd. Extension (Mahan to Park) |
$2,836,500.00 | $40,953,000.00 | |
| Brevard St. (Old Bainbridge to Monroe) |
$572,600.00 | $6,780,700.00 | |
| Governor's Square Boulevard (Blair Stone to Mall entrance) |
$250,000.00 | $250,000.00 | |
(Appleyard to Capital Cir. West) |
$800,000.00 | $2,360,000.00 | |
| Jim Lee Rd. | $2,320,700.00 | $1,798,199.00 | 1994 |
| Hartsfield Rd. | $5,788,600.00 | $4,895,000.00 | 1999 |
| Upgraded traffic computer system | $1,000,000.00 | $8,500,000.00 | 2000 |
| INTERSECTION IMPROVEMENTS | |||
| Blountstown Hwy. @ Tennessee St. | $65,000.00 | $42,034.00 | 1992 |
| Bradford Rd @ Meridian Rd | $65,000.00 | $0.00 | 2000 |
| Governor's Square Blvd. @ Magnolia Ave. | $35,000.00 | $21,219.00 | 1992 |
| Stadium Dr. @ Pensacola St. | $50,000.00 | $26,531.00 | 1993 |
| Lakeshore Dr. @ North Monroe St. & Stone Rd. @ Lakeshore Dr. |
$175,000.00 | $159,874.00 | 1992 |
| Mahan Dr. @ Magnolia Dr. | $325,000.00 | $221,684.00 | 1994 |
| Medical Dr. @ Miccosukee Rd. | $45,000.00 | $52,529.00 | |
| Old Bainbridge Rd. @ Fourth Ave. (Realignment) |
$15,000.00 | $58,965.00 | 1993 |
| Park Ave. @ Victory Garden Dr. | $95,000.00 | $71,469.00 | 1992 |
| Paul Russell Rd. @ Old St. Augustine Rd. | $60,000.00 | $58,017.00 | 1992 |
| Paul Russell Rd. @ Apalachee Parkway | $60,000.00 | $40,801.00 | 1993 |
| Richview Rd. @ Park Ave. | $80,000.00 | $21,076.00 | 1992 |
| Springhill Rd. @ Sprinsax St. & Ridge Rd. @ Crawfordville Highway |
$35,000.00 | $80,821.00 | |
| Waverly Rd. @ Thomasville Rd. | $50,000.00 | $50,000.00 | 1993 |
| Weems Rd. @ Mahan Dr. | $75,000.00 | $95,781.00 | 1992 |
| White Dr. @ Pensacola St. | $35,000.00 | $46,319.00 | 1993 |
| ITEM | ORIGINAL BUDGET | PROJECTED/TOTAL BUDGET | COMPLETION DATE |
|---|---|---|---|
| ADVANCE FUNDING OF STATE ROAD PROJECTS | |||
| Apalachee Parkway (Magnolia to Southwood Plantation Rd.) |
N/A | $46,100,000.00 | |
| I-10/Capital Cir. West Bound Ramp | N/A | $6,000,000.00 | |
| South Monroe St. (Paul Russell to Perkins) |
N/A | $7,100,000.00 | 1999 |
| Thomasville Rd. Fringe Roads | N/A | $1,753,076.00 | |
| Capital Cir. NW (West Tennessee to I-10) |
N/A | $37,000,000.00 | |
| Mahan Dr. (Capital Cir to Dempsey Mayo) |
N/A | $6,640,000.00 | |
| Orange Ave. (Lake Bradford to Wahnish Way) |
N/A | $33,700,000.00 | |
| Thomasville Rd (Woodbine to Kinhega) |
N/A | $11,500,000.00 | |
| CITY LAW ENFORCEMENT PROJECTS | |||
| Westside and Southside Police Substations | N/A | $521,023.00 | 1994 |
| Police HQ Station Renovations | N/A | $2,668,182.00 | |
| CITY 2010 PROJECTS | |||
| Blair Stone Rd. North Extension, Phase II (Mahan to Capital Cir.) |
|||
| Call St. PASS (Tennessee to Murphres) |
N/A | $3,380,000.00 | 1997 |
| Orange Ave. Extension, Phase I (Paul Russell toCapital Cir) |
N/A | $5,728,000.00 | |
| Orange Ave. Extension, Phase II Blair Stone to Capital Cir) |
N/A | $5,754,200.00 | |
| Conner Blvd. Capital Cir. To Trojan Trail) |
N/A | $6,020,000.00 | |
| Maclay Rd. Relocation (@ Thomasville Rd) |
N/A | $2,118,003.00 | |
| Traffic Preemption System | N/A | $1,950,000.00 | |
| Welaunee Blvd. (Capital Cir to Fleischman) |
N/A | $4,950,000.00 | |
| INTERSECTION IMPROVEMENTS | |||
| Apalachee Parkway @ Magnolia Dr. | N/A | $500,000.00 | |
| Blair Stone Rd. @ Apalachee Parkway | N/A | $500,000.00 | |
| Capital Cir. @ West Tennessee St. | N/A | $250,000.00 | |
| Centerville Rd. @ Betton Rd. | N/A | $100,000.00 | |
| Franklin Blvd. @ Tennessee St. | N/A | $400,000.00 | |
| Governor's Square Blvd. @ Blair Stone Rd. | N/A | $100,000.00 | |
| Kissimmee St. @ Lake Bradford Rd. | N/A | $400,000.00 | |
| Monroe St. @ Tennessee St. | N/A | $150,000.00 | |
| Old St. Augustine Rd. @ Capital Cir. | N/A | $100,000.00 | |
| NW Passage @ Capital Cir | N/A | $420,000.00 | 2000 |
| OTHER PROJECTS | |||
| Capital Cir. SW Limited Access Parkway- Right-of-way acquisition |
N/A | $820,000.00 | 1994 |
| Stadium Dr./Call St./Bryan St. Intersection Improvement / Bryan St. R/W Loan to FSU |
N/A | $1,850,000.00 | |
Projects stricken have been deleted by the Tallahassee
City Commission.
Projects without data are unknown or not clearly
known.
| PROJECT | FY 2001-05 PRIORITY NUMBER |
|---|---|
| Gaines-Bloxham (Lake Bradford to Franklin) |
|
| South Adams (4 Points to Bronough-Duval Overpass) |
|
| Pensacola St. (Capital Cir to Appleyard Dr.) & Blountstown Hwy. (Capital Cir to Aenon Church Rd.) |
|
| Capital Cir. Multilaning (Blountstown to West Tennessee) |
|
| North Monroe (Tharpe to I-10) |
|
City Roadways
FTW Findings:
As of July 1, 2000, 58% of
the City of Tallahassee's 44 roadway and intersection projects presented to
voters in 1989 had been completed; 26% were in progress and 7% had not been
initiated. Nine percent (four projects) had been deleted.
Sales Tax Referendum Ballot Leon County Ordinance 89-14 City of Tallahassee Resolution
89-R-0024 |
By the end of the current
sales tax on November 30, 2004, based on current schedules, the City will
complete the four of ten state road projects on the 1989 list that are eligible
for advance funding (the other six are not eligible for state funding) and 29 of
34 local projects identified in 1989 (four were deleted, due primarily to
citizen requests, and one awaits evaluation as part of the 2020 Transportation
Plan update).
City Intersection Improvements
FTW Finding: All except one of the 18 intersection improvements on the City's 1989 projects list have been completed.
<County Roadways
FTW Finding: As of July 1, 2000, 12.5% (one) of the eight projects on the County's 1989 list is scheduled for completion in 2000 and 50% (four) projects are scheduled to be completed by 2004. One project has been initiated but is expected to be completed after 2004, and two projects were eliminated from the 2020 Transportation Plan.
County Response: The priority of completing the jail during the early years of the tax, and the large transportation projects undertaken by the County, have much to do with the timing of completion of projects. These projects have been programed in an effective and efficient manner and adequately reviewed and planned.
In the current levy there was no real mechanism in place for advance work to be done on projects. This is something we hope to be able to achieve with the extension so that projects are realized sooner.
County Projects
FTW Finding: As of July 1, 2000, of the 12 projects added to the County's list since 1989, 33% (four) have been completed, 8% (one) is scheduled to be completed in 2000, (25%) three are scheduled to be completed in 2002, and (33%) four are scheduled to be completed in 2004-05.
City Projects
FTW Findings:
As of July 1, 2000, of the
68 projects on the City's 1999 priority list, 48% (33) had been completed, 39%
(26) were in progress and 13% (9) had not been undertaken. Projects not
undertaken include three state road projects that are not eligible for advance
funded and one City project that awaits decision on implementation, based on the
2020 Transportation Plan update.
By the end of the current
Sales Tax in November 2004, based on current schedules, the City anticipates
completing all eight (out of 17 listed) state road projects that are eligible
for advance funding, and 50 of 51 local projects. As noted above, the one
remaining project awaits evaluation by the 2020 Transportation Plan update and
could be deleted in late 2001 if it is no longer needed, or could be completed
by late 2005 if determined to be needed).
Project Additions and Deletions
FTW Finding: City and County project additions and modifications, as opposed to project deletions (primarily due to eleven of the originally listed state roadway projects not becoming eligible for advance funding) have predominated since 1989.
| "The sales tax road schedule will be subject to some volatility
over time due to state road project programming, project cost changes,
concurrency, potential reprogramming of projects based on state paybacks,
and unforeseen production problems."
Tallahassee City Commission Agenda Item |
Due to problems experienced with advance funding of state road projects, the City expanded its original list of 10 state projects to 18 (1 project was later deleted because state funding was provided and local funding would not have expedited the project) in order to provide more opportunity for advance funding. The City and County also successfully lobbied for state statutory amendments which provided for additional advance funding opportunities (Thomasville Road and Mahan Drive).
County and City Response: The County and City both adjusted their original sales tax project lists in order to help relieve congestion on seriously degraded state roads. The County did not have state roads on the original list, but added them after the update of the 2010 Long Range Transportation Plan (LRTP) to the 2020 LRTP in 1995, which demonstrated need and prioritized state projects. The County used those priority rankings as a guide for advance funding. This shifting caused project delays for both governments.
The City and County initiated new legislation that created the $50 million dollar advance funding beyond the FDOT's five year work program. County and City staff worked with Representative Turnbull's Office to draft the legislation that passed. Representative Turnbull worked hard lobbying for the new bill and, at a press event on Mahan Drive the County and the City were thanked for their efforts on this issue.
Project Modifications
| "Since the initial project scheduling in October 1989 and the
subsequent re-scheduling in December 1990, a number of circumstances have
affected the project scheduling, e.g., changes to project scopes by the
Commission, delays in implementation due to additional citizen involvement
and right-of-way and permit acquisition, changes in FDOT 5-Year Work
Programs and delays in implementation of their programs, and the
Commission's recently expressed priority to fund improvements to FDOT
roadways."
Tallahassee City Commission Agenda Item |
County Comment: All of Leon County's project modifications have been approved in publicly noticed workshops and/or ratified separately at a duly advertised regularly scheduled County Commission meeting.
Cost of Eliminated Projects
FTW Findings:
The County has spent no
sales tax dollars on planning and design of sales tax projects that were deleted
because the update of the 2010 Long Range Transportation Plan demonstrated the
revised need.
Just .05% ($63,423 out of
$125 million) of City sales tax revenues have been spent for study and
evaluation of four roadway projects on the 1989 priority list that subsequently
were deleted by the City Commission due to citizen opposition or financial
infeasibility (estimated projects costs outweighing benefits).
County Comment: Had it not been for the County's adherence to the 2020 LRTP, transportation projects would have been executed which were not most critical in ameliorating the current and future problems of the overall transportation system.
City Comment: Had it not been for the preliminary study and evaluation, it is likely that projects would have been built that the community really did not want or did not view as priorities.
Complementary Projects
FTW Finding: Several Leon County projects have complemented City of Tallahassee projects, and vice versa. The two governments' related projects have enhanced the community's total road system more than if only one government's or the other's projects had been constructed.
City and County Response: Following are some examples relating to the above finding:
The City's Orange Avenue
Extension and the County's Orange Avenue widening, where the City's 4-lane
extension of Orange Avenue from Blair Stone Road to Capital Circle complements
the County's 4-lane widening of Orange Avenue from Monroe Street to Blair Stone
Road;
The City's Macomb/Wahnish
Way project and the County's Old Bainbridge Road projects, where the City's
project provides a 4-lane facility along Wahnish Way and Macomb from Gaines
Street to Brevard Street at Old Bainbridge, and the County's project provides
improvements along Old Bainbridge;
The City's advance funding
of segments of Capital Circle, which complemented the County's widening of
Miccosukee Road;
The City's Blair Stone Road
North and the County's Miccosukee Road projects, where the City's project
provides for north-south movement for the northeast urban area, and the County's
project provides for east-west movement in this area; and
The City' and County's joint
advance funding of the state's Thomasville Road and Mahan Drive projects, where
the governments cooperated in expediting state road projects located inside and
outside the City limits.
FTW Findings:
Tallahassee City Commission
agenda items, meeting minutes, status reports and supplemental information
requested by Florida TaxWatch from the City Attorney, City Treasurer/Clerk, City
Engineer, Director of the Department of Management and Administration, and
Director of the City/County Planning Department show that the City Commission
and staff have paid close attention to one-cent sales tax policy issues and
roadway projects.
The City Commission has
publicly discussed, debated and received citizen comment on the need for project
additions, modifications and deletions. In fact, three of the four deleted
roadway projects were deleted by the City Commission following public comment
and criticism.
During the early years of
the sales tax, the County's attention was focused on construction of the new
jail, which was completed on time and within budget. Since then, County staff
have provided quarterly and annual reports to the County Commission on the
status of roadway projects. According to the public record, the County
Commission has considered current sales tax issues less often and sales tax
extension issues more often than the City Commission
County Comment: The County Commission has considered existing sales tax issues relatively few times because of the clear understanding of what sales tax revenues were to be used for, and because of not attempting to make continuous changes to projects. When sales tax funding for projects has been considered, it has been done so at public meetings and publicly noticed workshops. Citizen input has been obtained through project workshops, public hearings and charettes. In addition, projects displays have been demonstrated at community functions on sales tax funded projects.
County Comment: Leon County's Public Participation program involves citizens in the transportation decision making process. Prior to implementing the new program, public involvement in County transportation decision was relegated to the public hearing process. The problem with the public hearing format is that many key transportation decision have been made by the time the public is privy to the decisions. Citizen comments were too late to make a difference. Three components of the County's public participation process give power to citizens:
Seven citizens (one
appointed by each County Commissioner) participate as equals with transportation
professionals and consultants on transportation corridor study projects. On
three projects, they have consisted of people who live on or near the corridor,
have a business on the corridor or use the corridor as a primary route to reach
their employment destinations.
A "memorandum of
understanding" is produced at the end of the corridor study and lists all the
transportation solutions and agreements to which the project team has agreed,
including the alternative selected and all provisions and design criteria to
which everyone has agreed. At the County commission's formal public hearing, CAC
members make the presentation.
Members of the project team
stay involved during the engineering design phase of the project, and really up
to the ribbon cutting.
City Comment: The City of Tallahassee has a citizen involvement program which features community meetings to allow broad input from all impacted citizens from the time of project initiation through completion of project design. Citizen participation and input is incorporated into the overall planning process at the onset of each project, and continues until project completion. Community meetings are conducted throughout the process, allowing citizen input to "shape" the project in a manner that is satisfactory to the community, and to keep all parties informed on the project.
City Comment: The City of Tallahassee has used the following methods to communicate with the public about sales tax projects:
A public hearing on the
sales tax projects list, advertised to voters through display ads in the
Tallahassee Democrat, is held in September of each year that modifications to
the City's sales tax projects list are considered, to solicit citizen input on
the program being recommended for the upcoming fiscal year.
Potential amendments to the
sales tax projects list are advertised to voters via display ads in the
Tallahassee Democrat.
Since 1998, a 30-minute
show, "Tally Sheet", aired live on City television station Channel 45 prior to
each City Commission meeting has highlighted issues coming before the
Commission. The show has frequently cited City Commission decisions on sales
tax-funded road projects.
A series of segments that
ran on Channel 45 over a six-month period in 1999 highlighted the process
involved in building and widening roads including design, moving utilities,
stormwater management, and benefits to the community.
A segment running on Channel
45's "Tallahassee Matters" show from June 15 through July 15, 2000 summarized
projects funded by the sales tax.
An ongoing feature in the
City utility bill stuffer, "Insight", highlights completed sales tax projects
and major sales tax issues.
Signs advising the motoring
public of sales tax funded projects are posted at project sites.
News releases are issued
concerning impacts on the motoring public of projects in progress.
Flyers were handed out to
drivers providing updates during the widening of Thomasville Road
News releases are issued
about sales tax project completions
A great deal of media coverage has been generated by the City's Public Information Office/Department of Communications over the years, allowing citizens to become informed about the existing sales tax and what it has funded. Local media have provided ongoing coverage of the sales tax issue and specific projects funded by it since 1989.
County Comment: Because the County Commission has administered the 1989 sales tax consistent with the original voter mandate, there have been relatively few occasions over the last 11 years where the County Commission has made decisions affecting the expenditure of sales tax revenues. When decisions have been made, they have been at duly noticed public hearings and County Commission meetings.
County sales tax projects are reviewed and approved each year during the budget process, which includes a five-year review of proposed projects. Moreover, the County's public participation program has a strong education component that includes sharing sales tax information with a transportation project's citizen advisory committee and using public meetings, workshop and charettes as additional opportunities to educate the public on transportation and sales tax related issues.
Flyers were handed out to
drivers providing updates during the Miccosukee Road and Capital Circle
projects.
In September 1995, the City of Tallahassee Treasurer and Clerk's Office issued an internal audit of the City's one-cent local option sales tax revenue. (Leon County has not conducted a comparable audit). The City's audit recommended the following:
1. Audit Finding: The process for administration and
monitoring of sales tax matters should be reviewed. The Department of
Public Works, which is responsible for administration and monitoring of projects
funded by the one-cent sales tax, did not have authority to use program funds.
This caused a lack of communication with other City departments which did have
control or authority of the fund and program. Because of this, the auditors
found four deficiencies:
a. Sales Tax revenues were not properly
credited to the sales tax fund.
b. Sales tax revenues expended on
repairs to the TalTran Plaza floor were not permissable under Florida
law.
c. Sales tax funding appropriated in the City's FY1995 budget
were not in the proper categories did not comply with statutory uses for the
sales tax.
d. A City Commission resolution was required to be
retroactively waived for a transportation project
Action Taken: Responsibilities and authorities were more clearly identified shortly after the Audit, and subsequently codified in City Commission Policy No. 232, Local Option Sales Tax Program Management, dated September 8, 1999.
2. Audit Finding: The Sales Tax Bond Construction Fund (#313) was created in anticipation that bonds would be issued to fund sales tax projects. Since no bonds had been issued, auditors recommended that the city eliminate the fund
Corrective Action: The Finance Department eliminated Fund #313 shortly after completion of the audit, thereby eliminating the additional staff work involved in administering two funds.
3. Audit Finding: Long term planning and scheduling of sales tax projects should be improved. It was anticipated that surplus funds would be left at the end of imposition of the tax on November 30, 2004. This was due to loans from the revenues of the sales tax by the City to the Florida Department of Transportation being reimbursed. Additional road projects could be funded from the surplus revenues of the sales tax.
The Director of Public Works should identify additional projects for sales tax funding.
Action Taken: City staff concurred with the recommendation. A review of applicable projects was completed and resulted in significant additions to the City's Sales Tax Project List in 1995, including the additional flexibility to fund (without reimbursement) FDOT projects. Subsequent additions were made in 1997 and 1998.
4. Audit Finding: Expenditure Classification Issues Office furniture and furnishings for a police station expansion were coded to office supplies. Each item was less than $500 in value and therefore could not be capitalized. In addition, capital outlay expenditures were not properly coded within the Financial Management System. The city's policy at that time was that all items in excess of $500 be recorded in the fixed asset system.
The Director of Finance should amend the policy for capitalizing and tracking expenditures to accommodate significant purchases of capital items.
Action Taken: City staff indicated the Controller would evaluate the practical aspects of tracking components of work stations and that the capital outlay equipment would be properly coded.
In summary, the City took prompt action to resolve each of the audit findings.
Roadway Project Preparation and Execution
Strategic Planning
| "Mayor Maddox pointed out that the project list that was part of
the (City's) 1989 resolution included a number of road projects that had
never been implemented, and that priorities had changed."
Minutes of Tallahassee City Commission Public Hearing
|
Florida TaxWatch suggests that a strategic planning process, including identification of funding sources (or the lack thereof) would have provided the public with more realistic expectations of what they would get in return for their sales tax dollars.
City Response: Prior to and during the current sales tax, the City has developed a number of sales tax project schedules, including Gant charts and 15-year sales tax and five-year Capital Improvement Plans. These schedules are continually revised and updated to expedite implementation of the sales tax program when possible. City staff also note that the City and County became aware of the problems with advance funding early on, and, as a result, implemented changes to the project lists and suggested state statutory changes.
| County Commissioner Thaell expressed that the public had not been
well informed by County government as to where sales tax funds were being
spent and on the progress being made on sales tax projects which were
voted on in 1989.
Minutes of Joint County and City Commission Meeting |
Sales Tax Project Lists
FTW Finding: While the Metropolitan Planning Organization (County and City Commissions) planning process produced a list of projects that were included in the 2010 Transportation Plan, the County and City did not consider a joint roadway projects list during the 1989 sales tax projects planning process. Use of such a list -- as is the current plan for Blueprint 2000 projects if voters approve the sales tax extension -- likely would have better targeted the use of sales tax revenues, and saved planning and administrative costs.
County and City Response: The Long Range Transportation Plan and its list of projects is a joint project list, and the City's and County's roadway project lists were coordinated (but separately funded) during the 1989 planning process, as noted in the section on City and County projects complementing each other. However, the County and the City implemented their projects separately as they are separate governments with separate responsibilities. Having learned from this experience, the plan for the sales tax extension -- should it be approved by the voters -- includes a joint project list (Blueprint 2000 projects) to be funded by 80% of the sales tax funds.
FTW Finding: Sales tax roadway project lists compiled in 1989 lacked adequate financial planning, especially regarding the necessity to advance fund state road projects, which resulted in the City having a substantial cash balance more than five years after the tax was approved -- and 50% (9 of 18) of the state road projects on the 1989 and subsequent City and County lists are not eligible for state funding.
City Response: The road construction process is long, involving six to ten years (the shorter time for most local projects; the longer time for state projects) between project initiation and completion, provided funding is available for every project phase when needed. Since none of the 1989 projects had been initiated at that time, it was to be expected that funds would accumulate in the early years during planning and design of the projects. Again, having learned from this experience, the plan for the sales tax extension -- should it be approved by the voters -- is that preliminary work for some projects will be conducted prior to December 2004 so that as many contracts as practically possible can be let as soon as revenues are accumulated.
County Response: The County's list of projects did not originally contain any state projects. That decision was made years after the sales tax passed based on the 2020 update.
Sales Tax Project Cost Estimates
FTW Finding: Roadway project cost estimates were significantly understated by underestimating some critical components such as right-of-way, stormwater mitigation, environmental concerns, and satisfaction of neighborhood concerns. Additionally, the scope of some projects has changed significantly, as have environmental ordinances and the public input process. The City Public Works Department estimated that these factors increased the cost of 11 roadway projects and 17 intersection projects by approximately 125% over 1989 estimates.
County and City Response: No projects on the 1989 priority list that are not scheduled to be completed by November 30, 2004 have been delayed because of cost increases in other projects.
City Response: The above components of roadway design and construction were not omitted, but that the proposed 1989 projects did not undergo the extensive costing process that Blueprint 2000 projects to be funded by the prospective sales tax extension have been subject to. They also point out that changes to environmental ordinances are not always foreseen, and that there has been enhanced focus over the last few years on incorporating extensive public/neighborhood involvement which has resulted in increased project costs but a more satisfied public.
| Four projects originally budgeted at $19 million now have projected
costs of $65 million. The projects are widening Orange Avenue from South
Monroe to Blair Stone Rd; work on Old Bainbridge Road from Brevard to
Tharpe Street; widening Miccosukee Road from Magnolia Drive to Capital
Circle NE; and work on Buck Lake Road from Mahan Drive to Pedrick
Drive.
Status Report to the County and City Commissions |
Sales Tax Project-Priorities/Completion
FTW Finding: In 1989, the Leon County and Tallahassee City Commissions found that state roads were Leon County's biggest transportation deficit. However, only 50% (9 of 18) of the City's and County's priority state roadway projects on the 1989 and subsequent lists are scheduled to be completed by the time the sales tax expires on November 30, 2004.
City and County Response: The following help to explain the limited number of completed projects:
Advance funding of state
road projects is controlled by state statute. As noted above, to date only nine
of 18 road projects have met state requirements for advance funding;
The City and County
primarily loan sales tax funds to the Florida Department of Transportation
(FDOT) to advance (speed up) the completion of state projects, contingent on the
FDOT's ability to repay the money to the City;
FDOT can only repay the
money if the repayments are appropriated by the Legislature in FDOT's five-year
work program; and
It takes FDOT several years
to accumulate the necessary funds to fully fund projects or repay the City and
County because of the high cost of state roadway projects ($20 million plus).
The reason it takes so long to accumulate the funds is due to the limited amount
of funds ($8 million/year) that come to this District based on the state's
population funding formula.
As noted above, the City and County have identified 18 projects for state funding; however, only nine have been found eligible. One state project is being completed due to the City's decision to direct fund (no state reimbursement) the construction of a section of Capital Circle Southeast (Apalachee Parkway to Park Avenue). Two additional projects are possible due to recent legislative approval that creates the ability for local governments to advance fund projects outside of FDOT's five-year work program, from which Leon County benefitted significantly.
Florida TaxWatch's review of the 1989 public information campaign to persuade voters to tax themselves for law enforcement and transportation improvements finds that the following were not adequately explained to voters:
Ineligible Program Advertised
FTW Finding: Development of substance-abuse rehabilitation and education programs by the County, which may have been included as a public relations balancing factor in a 1989 campaign flyer advertising expansion of the County jail, was not an eligible expenditure of sales tax funds.
Time To Build Roads
FTW Finding: The public education campaign did not explain that major road projects take up to ten years or longer to complete, provided that funding for every project phase is available when needed, thus virtually guaranteeing that some improvements on the County's and City's 1989 priority lists would not be available to motorists for a decade or more, depending on when they were funded and initiated.
County and City Response: It is acknowledged that the focus in 1989 was to quickly develop a projects list to present to voters. Learning from the consequences of this approach, if voters approve a sales tax extension in November 2000, as much possible of the preliminary work (design, etc.) on Blueprint 2000 projects will be conducted prior to commencement of the new tax beginning on December 1, 2004, so that construction contracts can be let for as many of the projects as possible when revenues are available.
State Road Projects
FTW Finding: The public education campaign did not explain that most of the major projects on the City of Tallahassee's priority lists involved state roads dependent upon advance funding by the City. In 1995, six years after passage of the tax, most of these projects had not been initiated because the City waited for assurances of reimbursement from the Florida Department of Transportation. This prompted a "fish or cut bait" challenge to the City Commission from Mayor Scott Maddox, which subsequently jump-started key projects such as Thomasville Road and Capital Circle Southeast. These improvements have only recently been completed or are nearing completion more than a decade after approval of the tax, and thus their benefits are just now being enjoyed by motorists.
Advance Funding
FTW Finding: The public education campaign did not explain that while the County Commission was philosophically opposed to advance funding, County Ordinance 89-14 provided for County repayment to the City of any County projects in the 2010 Transportation Plan that were advance funded by the City.
County staff point out that the County's original sales tax list did not contain any state roads. Thomasville Road, Mahan Drive and Crawfordville Highway were added in1995, 1996 and 1999, respectively.
FTW Finding: The public education campaign did not explain that sales tax revenues used by the City and County to "advance" fund state road projects would be reimbursed (without interest as provided by state law) three to six years following project completion.
The Local Government Advance and Reimbursement Program, established by the Florida Legislature in 1987, enables local governments to expedite state roadway projects. In exchange for contributing cash to the Florida Department of Transportation (FDOT), projects in the Department's five-year work program are initiated and completed at an earlier date than would be the case without local funding support.
Since the inception of the one-cent sales tax in 1989, the City of Tallahassee and Leon County have advance funded $63.4 million for roadway design, right-of-way and construction of state roadways. As of June 30, 2000 they have received reimbursements of $15.5 million.
Direct Funding
FTW Finding: The public education campaign did not explain that sales tax revenues used by the City and County to "direct" fund state road projects would not be reimbursed.
City Response: When the sales tax was initiated, the City did not intend to direct fund state roadway projects; therefore, there was no reason to advise the public of this matter. When the City Commission considered "direct" funding, public hearings were held which were noticed by display ads in the local newspaper and reported in television and newspaper stories, to obtain public comment on this proposed action.
County Response: The County has only direct funded once. $2 million segment of Crawfordville Road. This decision was agendaed and made at a regularly scheduled and advertised Commission meeting in 1999.
Project Changes
FTW Finding: The public education campaign did not explain that City of Tallahassee Resolution 89-R-0024 permits amendment of the 1989 projects list advertised to voters to reflect changes in the 2010 Transportation Plan and changing transportation needs due to unforeseen circumstances -- such as modification of the Florida Department of Transportation's five-year work plan. This Resolution was not included or even referenced in 1989 campaign literature. Thus, citizens likely were unaware that some projects they might vote to tax themselves to implement would not be undertaken, while others might be delayed due to state funding constraints and ineligibility of a majority of proposed state roadway projects.
City Response: Three versions of the resolution listing the City's projects were discussed and passed by the City Commission in open meetings prior to the sales tax referendum. Each version contained the provision for amending the projects list. Additionally, the City Commission adopted an early sales tax policy to hold public hearings on proposed changes to the project list so that citizens would have an opportunity to provide input. In discussing the sales tax extension, it is the City's intention to point out that projects may change, based on priorities of the community.
Moving Target?
FTW Comment: Some sales tax opponents interviewed by FTW contend that the list of priority projects to be funded by the sales tax was a "moving target," and that County and City staff presented different versions of the 2010 Transportation Plan to difference audiences. They also contend that the term "Public Workshop" is a misnomer because the public comment is not permitted at these meetings.
Commission Oversight
FTW Finding: Review of records requested by Florida TaxWatch indicates that since the sales tax was enacted in December 1989, the Leon County Commission has agended current sales tax issues on 13 occasions (beyond appointing Citizen Advisory Committee members), it has received quarterly and annual staff reports detailing each sales tax project, and it has considered sales tax extension issues 14 times. The Tallahassee City Commission has agended current sales tax issues 35 times and sales tax extension issues five times. One joint meeting of the Commissions has been held to discuss the current tax and four meetings have been held to discuss a tax extension.
County Response: The relatively few number of times that the County Commission has considered existing sales tax issues is a result of its having a clear understanding of what sales tax revenues were to be used for and not attempting to make continuous changes to projects.
The number of times that the County Commission has addressed the sales tax extension is proactive and responsible considering the importance of sales tax revenues in providing for future high priority capital projects. This high number would have been less if there was an earlier consensus on the part of the County and City to move together on an extension initiative.
City Response: City staff states that the City Commission's frequent review of sales tax issues demonstrates its sensitivity to the changing needs and priorities of the community.
Evaluation
FTW Finding: No evaluation has been made of the success of five priorities for sales tax spending listed in the 1989 campaign literature. In the absence of evaluation, these priorities -- while laudable and important to voters and to the quality of life in Leon County -- amount to little more than campaign rhetoric.
City Response: While it is acknowledged that no formal evaluation or cost/benefit analysis subsequent to project completion has been conducted, citizens can see firsthand that congestion has been alleviated (Thomasville Road, Capital Circle Northeast), intersections and pedestrian amenities have been enhanced, and environmental improvements (stormwater facilities and landscaping) have been made. (See City response under performance below.)
County Response: Quarterly reports and corridor studies have been important indicators of our success of our sales tax spending.
Performance
FTW Finding: Both Leon County and the City of Tallahassee lack documentation of quantitative and qualitative improvements/benefits resulting from one- cent local option sales surtax-funded roadway projects.
County Response: Corridor studies done prior to final design clearly indicate the level of service the road will attain after it is improved. The current level of service on the road prior to the improvements is also well documented in the study. County citizens participating in the study, and those citizens who attend the public workshops, public hearings and charettes are also well informed of the before and after benefits of the roadway improvement. This is done for all studies.
City Response: While that no formal evaluation or cost/benefit analysis subsequent to project completion has been conducted, citizens can see firsthand that congestion has been alleviated (Thomasville Road, Capital Circle Northeast), intersections and pedestrian amenities have been enhanced, and environmental improvements (stormwater facilities and landscaping) have been made. Additional points to consider are:
The Apalachee Regional
Planning Council (ARPC) has performed Time and Delay Studies on a number of
major roadways in the Tallahassee area, including several of the Sales Tax
roadways.
The City and County Growth
Management Departments document changes in roadway capacities and utilization of
those capacities and utilization of those capacities in their annual
Transportation Concurrency Reports.
Since most Sales Tax road
projects are implementation of components of the Tallahassee-Leon County Long
Range Transportation Plan, the projects do provide benefits to the community, as
only roadway improvements that would provide benefits to the community are
approved in the Plan.
Florida Department of
Transportation projects do not document benefits resulting from their road
improvement projects, as such documentation is not standard to the road
industry.
Regarding law enforcement projects, as authorized by the sales tax program, funding was utilized for Tallahassee Police Department facility expansion/renovation. While the department's working environment has significantly improved as a result of these improvements, there have been no quantifiable improvements directly relating to the law enforcement services and public safety. There was never any expectation that the Police Department expansion would reduce or directly impact crime, unlike the road improvements which were expected to provide some relief for traffic congestion.
Management
FTW Finding: City staff recommended codifying informal sales tax program processes on March 10, 1993; however, the City Commission's policy on Management of the One-Cent Sales Tax was not adopted until September 8, 1999. Leon County has yet to adopt a policy.
City Response: Personnel involved with the sales tax projects were aware of the policies and conducted business accordingly without a compilation of the policies
County Response: This is part of the formal budget process, and any changes must take place at a duly noticed County Commission meeting.
FTW Finding: The City Commission's Sales Tax Management policy directs the Department of Public Works to annually review it. Since this policy also charges Public Works with managing all sales tax projects, an annual independent review should be conducted.
City Response: An annual independent review of all financial transactions is conducted during year-end close out, including the sales tax fund.
Audit
FTW Finding: Just one internal audit of the City of Tallahassee's $100 million plus sales tax receipts has been conducted during the past eleven years. No separate internal audits of Leon County's $100 million plus revenues have been conducted. No performance audits have been conducted on either the City's or the County's sales tax programs.
County Response: The County has an annual independent audit, including the sales tax fund.
City Response: The City has an annual independent audit, including the sales tax fund, during year-end close out. Further, internal audits are based on a specific scope, and therefore, only include analysis of issues related to this scope. The fact that only one internal audit has been conducted is overshadowed by the annual occurrence of year-end independent audits.
Florida TaxWatch's six-month study of Leon County's and the City of Tallahassee's stewardship of the one-cent local option infrastructure sales surtax between 1989 and 2000 assigns the following grades to the various facets of the sales tax program:
|
Grade |
Item |
|---|---|
| D | 1989 Sales Tax Project Planning/Costing of Projects |
| D | 1989 Sales Tax Public Information Campaign |
| B | Public Information Initiatives Since 1996 |
| A | Timely Completion of Law Enforcement Projects |
| C- | Timely Completion of 1989 Roadway Improvements per Voters' Expectations |
| B | Successful Completion of 1989 Roadway Improvements |
| B+ | Timely Completion of 1989 City Intersection Improvements |
| B | Justification of Additions/Modifications/Deletions to1989 Roadway Project Lists |
| C- | Evaluation of Sales Tax Program Priorities and Results |
Grading Scale
| A | Excellent | B+ | Very Good | B | Good |
| C | Acceptable | C- | Marginally Acceptable | D | Poor |
| F | Failure |
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