Showing posts with label crime. Show all posts
Showing posts with label crime. Show all posts

Friday, October 29, 2010

Cooper City Election on Tuesday, Nov. 2nd, vote John Sims!

Why should you vote for me, John Sims, a True Fiscal Conservative?

I have consistently voted against higher taxes.
I have consistently voted against increased city budgets.
I have consistently supported and demanded a balanced budget and lower taxes for residents and business owners.
I have consistently maintained a posture of looking for ways to properly spend only spending taxpayer’s money, only when a need is clearly identified.
I have insisted upon a vetting process for every discretionary expenditure.
I have consistently voted in the best interest of our residents and business owners.
I have refused to vote for any expenditure that did not directly improve the services or quality of life in our city.
I have vigorously attempted to implement a local code of ethics, consistently rejecting the dirty politricks that have disgraced our city under the current leadership and by their candidates.
I have dedicated a tremendous amount of quality time and effort into our city in order to make it the best municipality in the county.
I have consistently supported our BSO police & fire, increasing our 'feet on the street'.
I have consistently supported our local business owners in every way possible in order to create jobs.
I have consistently worked to help our residents and business owners on a variety of issues and concerns, earning the title of your ‘Go To’ Commissioner in Cooper City.

A John Sims vote will:
Continue the fight for residents and businesses to keep more of their hard earned tax money.
Continue the focus on open, transparent government, excellence and accountability,
while fighting corruption.
Continue to protect your constitutional and property rights.
Continue to hold city hall accountable to you and your neighbors.
Continue to improve the city’s financial integrity and long term prosperity.

Government is unsustainable at its current pace at all levels: city, state and national. There are simply not enough revenues to cover the expenses and it’s getting worse. We, as a city, are then faced with 3 alternatives:

• Increase Revenues – taxes & fees, which I have refused to do because we simply do not need to do so in this recessed economy.
• Cut Expenditures – discretionary and wants vs. needs which I have consistently mandated.
• Become more efficient and customer friendly oriented in our operations, which I have consistently demanded.

If efficiency and a business like government is what is needed and demanded “By The People”, then I am the most qualified candidate in the race.

Bottom Line: It’s Your Tax Dollars, Your Hard Earned Money, Your City...Choose Wisely!

Tuesday, August 19, 2008

When a Tax is not called a Tax in Cooper City...

When a tax is not called a tax in Cooper City...

Municipal budgets are shrinking rapidly and money is getting really tight at all levels of government. While it's no secret to savvy residents and smart Commissioners, some wonder how the city can keep up its spending habits on non-health, safety and welfare issues without eventually becoming bankrupt. In response to this immediate and legitimate challenge, municipalities like Cooper City are going to be soon looking for new, imaginative ways to finance municipal services, including that of extra feel good programs along with necessities such as police protection. One of the options that were addressed by one commissioner is the imposition of a ‘special assessment’ relating to police and ‘crime’ services.

Commissioner Lisa Mallozzi (Dist.2) has asked about the possibility of imposing a law enforcement assessment. The Commissioner is on the Broward League of Cities Sustainability Transportation sub-committee that meets later this month and would apparently like this to become a legislative agenda issue, apparently statewide. Specifically, she asked for a definition of what would constitute a property crime. Apparently, the purpose would be to determine the proportionate amount that those crimes are of the total crimes to be the basis for the development of a law enforcement special assessment. The interim City Manager has asked the City Attorney and the BSO Commander to develop that information. The attorney stated that any property that is impacted by the crime would be improved real property and the crimes would likely be burglary, criminal mischief, etc.

It sounds like the Commissioner is talking to the wrong people; other politicians in government, and not her constituents. My immediate response was that "We already have an assessment in place. It's called TAXES!" This is nothing but a ploy by some municipalities, and now a Cooper City Commissioner, to double tax and to that end we must not follow. It is improper by any means. Any special assessment tax would also require enabling legislation to authorize it by the Florida legislature that finds that such services would yield a special benefit to real property.

A special assessment is a term used in to designate a unique charge that the government can assess against real property parcels for certain public projects. The most universally known special assessments are charges levied against lands when drinking water lines are installed; when sewer lines are installed; or when streets are paved. A special assessment may only be levied against parcels of real estate which have been identified as having received a direct and unique "benefit" from the project.

While this type of assessment holds some merit for certain municipal services, it should be equated with simply imposing an additional and somewhat unnecessary tax. In fact, a law enforcement special assessment has been deemed unlawful because those services provide no special benefit to real property. See this opinion by the State Attorney General.

The test for determining whether a special benefit is bestowed to real property is not whether the services confer a ‘unique benefit’ or are different from the benefit provided to the community as a whole. Rather, the test is whether there is a ‘logical relationship’ between the services provided and any direct benefit to real property. Only certain real property can be specially assessed. The "property" to be assessed must be real estate as opposed to "personalty". Personalty is a taxation term which means personal property.

Special assessment levies are not ad valorem property taxes even though they may be collected on a property tax bill. A special assessment is based strictly upon the concepts of "need" and "benefit." Special assessments must confer a specific and special benefit upon the real property affected by the assessment. A special assessment is like a tax in that it's an enforced payment from the real property owner and may possess other benefits similar to a general tax. However, it is entirely different and governed by entirely different principles. It is imposed under the theory that the portion of the community required to bear it receives some special or outstanding benefit in the enhancement of value to the property against which it is imposed as a result of the improvements made with the proceeds of the special assessment. This equates to the fact that if you do not pay the special 'tax', they can sell your house on the courthouse steps.

I think that if something waddles like a duck and quacks like a duck, it's more than likely a duck. In simple, plain English, if it seems like a tax, it probably is a tax (of some sort, just by another name). However, there is an important distinction between special assessments and taxes. A legally imposed special assessment is not really a tax per se looking at it from a legal sense. While the payment of both taxes and special assessments is actually deemed mandatory like property taxes, there is not a requirement that general taxes provide specific benefits to the property. Instead, they are levied throughout the city for the general benefit of residents, business owners and real property.

The City of North Lauderdale attempted to impose a special assessment on owners of property for the purpose of providing an "integrated fire-rescue program." The city created an ordinance that would fund the cost of an integrated fire, rescue and emergency medical service program through a special assessment tax levied on all property owners in the city. A group of commercial property owners sued the city in opposition to the tax and the case of City of North Lauderdale v. SMM Properties, Inc., wound up in the Florida Supreme Court.

The property owners agreed that a portion of the special assessment that provided services imposed a special benefit on their properties and did not oppose it. However, they sued on a portion of the special assessment which was deemed as improper because their properties were not deriving any special benefit from the services. They argued that the assessment provided a service to all citizens in the city.

It appeared that the city had a good case regarding the commission’s support of the special assessment. Another Florida case, Lake County v. Water Oak Management Corp., 695 So. 2d 667 (Fla. 1997), delineated a two-pronged test to be used in reviewing the validity of any special assessments. The first prong was whether or not the services at issue provided a special benefit to the assessed property. The second prong was whether or not the assessment for the services was a properly apportioned tax. In the City of North Lauderdale case, there was not an issue as to the apportionment of the assessment. The only issue to be reviewed by the court was the determination of whether the services provided a ‘special benefit’ to the property.

In the Lake County case, the court upheld a special assessment imposed for fire protection services that was correctly opined by the 5th District Court of Appeal in Case No. 94-2729. The City of North Lauderdale said that Lake County's fire-rescue program was similar to its own as both programs were funding more than just fire protection and suppression services.

The property owners argued that Lake County's program was limited and did not confer a special benefit. The opponents further argued that the assessment was paying for a function provided by employees as part of their normal duties, the property owners in Lake County were really only paying for the normal services, and the special assessment in Lake County did not assess property owners for services outside the employee’s regular job duties. The court looked at the differences between the Lake County program and the North Lauderdale program. Having made a determination, the court then went on to ruling whether the assessment met the first prong of the test by providing a special benefit to the assessed property.

The city went on record to say that their services would enhance the use of property in the city. This, in turn, would enhance the value of the property, and this enhanced value could be anticipated to be reflected in the real estate tax charge for value of the property.

The court disagreed, finding that the service was not a special benefit to the property. The court noted that services benefit people, not property. The court ruled that the city's opinion that the assessment conferred a special benefit on property was frivolous and had the indication of a tax because it was proposed to support many of the general sovereign functions of a general tax.

The court said that the city made comments its ordinance that there was a 'special benefit' to the assessed properties but stated that there was nothing in the record to support these assumptions by the city. There was no evidence of any special benefits that would be provided to the property from the provisions of such services, no studies conducted by the city documenting any specific benefits, and no testimony or expert witnesses were offered to indicate how the portion of the assessment providing for special services would specifically benefit the real property.

The court ruled that the services portion of the special assessment by the City of North Lauderdale was a general tax because it failed to provide any unique or special benefit to real properties. There were no indicia how the services would directly enhance the value of the real properties of which the assessment was imposed upon.

Although some services, particularly those of police or fire services, may provide a sense of security to individuals, neither the service nor the sense of security is provided to the real property. Consequently, the court concluded that the services in question did not provide any special benefit to the property, and therefore that portion of the program could not be funded by a special assessment.

Of the utmost importance to any property owner who feels aggrieved by a special assessment levy is a legal concept known as the "presumption of validity". This means that the courts must regard the actions of local government with deference and presume that the government did everything correctly. At a minimum, any challenge to any special assessment must prove that the government did not act lawfully. That challenge is vey difficult, time consuming, costly and significant. For all of these reasons, it is critical for any person or property owner, particularly a business facing a special assessment, to fully participate in any and all public hearings and monitor the special assessment process from its earliest stages to completion.

Tighter budgets will require greater creativity in funding at all levels of government both county and local. However, when considering the use of special assessments as an additional revenue source under the guise of some alleged 'special benefit', particularly at the local level, keep the following in mind...it’s still just another tax.

Wednesday, November 21, 2007

Cooper City: Opposition to candidates resort to possible criminal behavior

The Sun-Sentinel posted the following commentary on their forum; Mr. VT said "It is bad enough when the words fly with gossip, half truths, and possible slander, but it is just disgusting when tires are slashed and cars are intentional damaged. It is particularly abhorrent when those who hide in the shadows seek out women who are just doing their best to serve the community in the best possible way as wanting to serve on the local commission. Just ask Diane Sori or Renee DeLotta what their participation will cost them. I guess if you can't articulate your message and are just plain dumb you have only one message and that is to damage your opponent by resorting to delinquent pranks. Let's hope that this can be stopped now before it gets out of hand."

Well Mr. VT, bravo! Finally, there IS someone else with the impertinence to tell it like it is. I have 'bitten my tongue' in regards to the ultimate nasty politics and lies emanating from the this election and in last March's election. Enough is enough! The gloves may have to come off soon...Mr. VT conveniently forgot to mention the theft of campaign signs from the oppositions supporters on private property. I guess the one(s) who perpetrated the crimes against Diane Sori and Renee DeLotta forgot what was taught at the 'Bullying' seminar recently given at the High School.

Read the entire Sun-Sentinel story HERE.

Monday, September 10, 2007

How Safe Are We In Our Own Homes?

This morning, I received a very unnerving telephone call. The information it contained is not found in the Herald or the Sun Sentinel. It could very well be in the paper later today as "breaking news" or show up tomorrow in a small sidebar.

It pertained to long-time residents who are family and friends who live in our city. This couple has been married for just over 40 years, so they are up there in age. The other evening, while they were preparing for bed, they heard a terrible crashing sound and a loud thud. Wondering what it might be, the husband went to find where the noise came from because he said it sounded like it was "right in the house."

He was surprised to find out when he entered his living room that several strangers had crashed through his back door. Yes, this elderly couple were going to be the latest victims of a home invasion robbery.

He immediately feared for his life while standing in front of these heavily armed home invaders, then thought of his wife and best friend in life who was in their bedroom and unaware of the current dangers and situation. “What do these invaders want”, he thought?

They wanted everything! Promises of "we're not going to hurt you, if you give us what we want" were amazingly granted. The couple was not brutally harmed because they had the courage and knowledge to do exactly what they were asked of them.

In a little unassuming home, within a rather quiet neighborhood where the "welcome" mats line the front doorsteps of almost each and every home, gun toting criminals, home invaders, shattered the quiet of the night and took more than just money, home electronics, valuables and jewelry. These home invaders stole the safety and security these families in this particular neighborhood took for granted for too many years.

We all have come to know and love this family. They have worked very hard all of their lives for everything they have. At 60-something, the husband still works daily to support himself and his wife, while she is a homemaker.

The husband has taken an excessive and undetermined amount of time off of work to stay home with his wife, because she is so upset about the invasion. He also has had to spend lots of time and money that they didn’t plan for to put up a new back-door, door frame and re-plaster the inside walls to try and erase the terrible memories of that evening. A total disruption of their privacy and their lives.

These victims are a couple who within the last several months celebrated their 40th wedding anniversary. It isn't the fact that the robbers took their televisions, their VCR and DVD players, heirloom jewelry or money that the wife is so upset over. It is the fact that the two things that she and her husband cherished the most, the security in her own home and their dignity, was ripped from her heart by this scum of the earth.

The husband tells us that since the police left late that night that his wife has not been to sleep. She has been up cleaning, and re-cleaning the empty locations in the home where these thieves of the night ravaged. She has also been constantly washing the hand that these thieves touched when they stole her wedding band, washing so harshly at times that blood is coming to the surface.

How safe are we in our own homes? It doesn't appear that we are as safe as we believe. The police are only required to protect the community at large, not us as individuals.

So what does this have to do with Cooper City or Broward County?

As I look around, I can see the same things happening here within our beautiful surroundings over and over again, just as incidents are escalating to our north and to our south.

We have had explosive growth over the past couple of years, bringing in thousands of people. We have had to deal with an unprecedented number of questionable houses, an influx of very questionable youth and gang activity, and yes, we have experienced a perceived increase in crime. The alleged crime increase that we may be experiencing may not be on the same severe level as other cities or counties, but it is slowly creeping into our daily lives.

How can we stop it? Personally, I don't know.

Maybe the answer is just as simple as ‘getting to know your neighbor’ in order to retain our quiet serenity and to maintain the peaceful existence of our neighborhoods as we once knew them in order to maintain a sense of security.

Maybe it is as simple as removing the "welcome" mat from the outside of our front doors and borders. One of the answers to this question may be to stop all new developments within our area because we are all aware that statistics state that with an increase in population, an increase in crime occurs.

It may be that the only course of action we have before us, as this invasion of our lives is occurring, is to become more aware of our surroundings. Knowing what is happening in our neighborhoods and taking action before it controls and directly affects us.

I do know this. We can't ever turn a blind-eye towards increasing crime, no matter how petty or serious. Once we become complacent, it will fester and boil up to an ugly head, leaving a massive scar. When that occurs, we will never again be able to regain the honor, innocence, beauty, reputation and safety of our city that we all hope and pray will remain ‘Someplace Special’.

This fictitious scenario [Ed: Clarification for the snipers, fictitious for Cooper City, but this was a true story in Port St. Lucie] is why I support an increase in BSO Deputies. We simply need ‘more feet on the street’.