January 30, 2003

The Board of County Commissioners of Brevard County, Florida, met in special session on January 30, 2003, at 2:40 p.m. in the Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairperson Jackie Colon, Commissioners Ron Pritchard, Nancy Higgs, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner Truman Scarborough.

Also present were State Senator Bill Posey, and State Representatives Mitch Needelman, Stan Mayfield, Mike Haridopolos, and L. Ralph Poppell.

The Invocation was given by Pastor Kenny Delgado of House of Prayer in Palm Bay, Florida and Rochelle Kincaid of Eastgate Ministries in Melbourne.

Representative Mitch Needelman led the assembly in the Pledge of Allegiance.

OPENING COMMENTS, RE: 2003 LEGISLATIVE SESSION

Representative Needelman, Chairman of the Delegation, stated the Delegation starts this legislative session with great excitement working with the County, but also with great sadness; and they will miss Senator Futch in this process as he was a great protector of children, a great enforcer of laws, rules, and regulations, and a strong supporter of the needs and concerns of the County. He stated Senator Futch will be dearly missed; but they will try to fill his shoes and continue with the work the Board has asked them to do. He stated he looks forward to working with the issues; there are going to be some tough issues because of the amendments that have been passed by the citizens; but it is also an opportunity to look at the system as a whole. He stated they are looking at major shifts in budgetary needs and concerns; the counties are going to be very much a part of that process; and the Delegation comes not to point fingers back and forth, but as a partner to look at how to fund programs and work together to see how they can achieve the things that are necessary to serve the communities. He stated there have been some major shifts proposed for juvenile justice and Article V funding; some Commissioners have major concerns about Article V funding; the Delegation has concerns as well; and he looks at this as a venture to work together to revamp services, find funding sources that will be continuous, and make sure the citizens continue to be served. He stated the Delegation is prepared to assist the County with its needs and looks forward to becoming partners.

Chairperson Colon stated today’s workshop is an opportunity to talk in unity and come out of the meeting knowing the Delegation and the Commission are a team. She stated it is not a time to point fingers; the citizens are looking to the elected officials for leadership; and those citizens vote for the Commissioners and the Delegation members. She stated she is excited about some of the things they will be discussing today.

John Holdsworth, member of Together in Partnership (TIP) and the Juvenile Justice Council, and Chairman of the Alliance of Substance Abuse Providers, advised of his background working with adolescents; and stated there is a proposed shift in the budget changing the responsibility for juvenile misdemeanors to the County and felons to the State. He stated TIP does not feel this is a good or efficient idea; Brevard County has one of the best juvenile justice systems; and that is a tribute to the leadership in the County and to the field staff who are dedicated and hardworking. He stated TIP, the people in the County, the State workers, the juvenile justice probation officers, and the Department have worked to be able to provide the best possible services to the children who are involved in the justice system; every year there are more and more cuts; and it becomes more and more difficult to provide the best services. He stated it is as though they are being penalized for doing a good job; and encouraged the Legislators not to approve the shift as it will reduce the effectiveness of probation officers. He stated many people come into the system with a felony charge and a misdemeanor charge; and inquired where would that person fall. He stated there would be duplication of services and confusion; and with that confusion is possibly increased juvenile crime and reduced staff morale. He stated those who have been in the County for a long time have put a great deal of effort into getting the Rainwater Center, which is a day treatment program for juvenile probationary girls; it took a long time for that to happen; traditionally in Florida, and specifically in Brevard County, there has been a lack of services for adolescent girls; and they were ahead of the curve in getting the Rainwater Center opened. He stated the budget proposal to reduce day treatment programs, which is what the Rainwater Center is, will likely remove that too. He stated the other concern is the way things are looked at as far as juvenile justice; it is being patterned after the adult criminal justice system; and that is a mistake. He stated experts agree it is a fatal mistake to treat children the same way as adults are treated; children are not miniature adults and do not think the same; and to think they are going to have the same rationales and beliefs as adults is a mistake. He stated he does not have all the statistics in front of him, but there are those who can provide them if there are questions; and he hopes the Delegation will consider some of the recommendations would do more harm than good.

Chairperson Colon requested Representative Needelman share with the audience some of the things that have been done to get communication between the State and the County.

Representative Needelman stated they have been working for two to three years to put together the need agencies and services as a group that meets on a quarterly basis; and the group focuses on where the Delegation needs to bring home dollars necessary for extra programs. He stated they address through the different agencies, non-profits, and providers, the needs that are identified within the community; they come to the table and start ranking the needs for the County; and with that in mind, the Delegation moves forward with the number of projects to set forth in to the budget process and identifies possible revenues. He commented on the possibility of juvenile drug courts, revenues to start the programs that are being requested, and programs that have been funded, but may not have received the dollars; and stated it is a check and balance system, which has been successful. He stated Senator Posey is carrying some of the project along with him; Representative Haridopolos has a couple of projects in mind, as do Representatives Poppell, Allen, and Mayfield; so the collaborative effort gives them the opportunity to focus attentions on the direct needs of the County, getting direct feedback from the community and those people that have provided those services. He thanked Chairperson Colon for spearheading the group; stated it has been successful; and he hopes they will continue that program. He stated they identified at least three major areas that the County wishes them to move forward on; and he will be glad to carry them through.

Chairperson Colon advised Commissioner Scarborough is not feeling well, and could not be present; and Representative Bob Allen also could not be present as he needed to be in Tallahassee. Everyone introduced him or herself including Lobbyist Guy Spearman and Legislative Delegation Coordinator Carol Laymance. Chairperson Colon stated, on behalf of the Board, the door is always open, and it will be happy to work as a team.

DISCUSSION, RE: STATE BUDGET ISSUES

Chairperson Colon advised Representative Mayfield is Vice Chair of the Appropriations Committee; Representative Allen is assigned to the Commerce and Local Affairs Appropriations Subcommittee; Representative Haridopolos is assigned to the Commerce and Local Affairs Subcommittee; Representative Poppell is assigned to the Agriculture and Environmental Appropriations Subcommittee; and Representative Needelman is on the Public Safety Appropriations Subcommittee.

Representative Mayfield stated he is very excited about the workshop; it is a great opportunity for everyone to get to know each other; and he is looking forward to going through the issues and learning the priorities of the Board and the citizens.

Representative Haridopolos stated he is glad the group is entertaining a lot more open discussion; Representative Needelman has a big job with the education meetings being held; and the disclosure and discussion they had led to a better product to take to Tallahassee, and maybe bringing the innovations of the County to the rest of the State. He stated the biggest issue they are facing is Amendment 9; right now the price tag is approximately $630 million; and he hopes they look at the flexibility the School Board wants. He stated if they look at flexibility and some of the price-cutting measures that have been put in place in Brevard County and other parts of the State, they will be better off as they face that challenge this year and in the years to come. He stated he is glad these meetings are going on; and he is glad to see both Chairpersons working on the process and making sure there is a strong communication as they go through with a unified voice.

Representative Poppell stated he represents a very diverse County in looking at agriculture and environmental appropriations; there are a lot of issues and opportunities; and he would prefer to say it that way rather than there are a lot of problems because there are opportunities. He stated Representative Haridopolos mentioned the Constitutional Amendments are going to have a direct impact on each of them in their respective areas; but there are a lot of things that can still be done. He stated Florida does not necessarily have a monetary shortfall, but needs to be careful how it spends what it has; they need to be careful to be sure the money they are spending is going to the right places; but in doing so there is a big burden on the Legislators to make sure they can help the counties accomplish the things that need to be done. He stated in addition to the Agriculture and Environmental Appropriations Subcommittee, he also serves on the Health Care Committee; these things are very important; and he is looking forward to listening, taking the input, and working on the issues to insure they are doing a good job.

Senator Posey stated last year with a $50 billion budget, things were tight; but now they have a pre-K Constitutional Amendment, and are still grappling with the high speed rail and classroom size Constitutional Amendments; and together they are going to represent billions of dollars of extra revenue because revenues are not climbing as much as they did in the past. He stated he is told everything is on the table for streamlining or cutting the fat; so it is going to be a very lean legislative session. He stated they also have the Constitutional Amendment to fund all the county court systems, so he does not think there will be any pleasant surprises; and it is going to be very difficult, as everyone knows.

Chairperson Colon inquired if Senator Posey is saying this will be one of the toughest years since he has been there; with Senator Posey responding affirmatively. Senator Posey stated this will be his eleventh Legislative Session; the demand on State revenue has never approached the impact it has now; and if last year were a 5, he would put this year at 100. He advised he cannot overstate how tight it is; the Legislators are getting hundreds of emails every day because everything is on the table and there are no safe accounts. He stated the Governor is moving historical archives to FSU; he does not know how many emails others have gotten on the issue; he hopes it does not happen and is sure most of the other Legislators hope so too; but it is something that has to be confronted because it is necessary to pay to maintain this stuff somehow. He stated they have to continue to fund the infrastructure needs they already have; they do not want to have a reduction in services for anyone; but there is just less money to do things with. He stated if “Joe Lunchbucket” thought about getting a 10% to 30% pay cut, that is the feeling of what the Legislature will face this year.

Representative Needelman stated there is a bright side to that; and it all began with one of the Delegation members having a vision years ago to go to performance based budgeting; and that has propelled them into what they are getting ready to do now. He stated he is a strong supporter of it; it is going to help the Legislature look at these things; and it is a zero based budget. He stated they are sitting down in Appropriations and looking at each of the agencies and programs with a microscope; and they are looking into the budget itself and determining whether or not to keep the program, whether the program is worth sacrificing or keeping at the sacrifice of something else, whether there are returns on the program, who is going to pay for the program, and what the revenue source is for the program. He stated those are hard questions; and if that was not enough, they have to look at the agencies to determine whether it is a court function and whether there is someplace it can be shifted; and there is going to be a lot of communication with that. He stated he wishes everyone would take the time to look at exactly what it being done; while they may think that in one agency they are removing a program, it may be because the monies are shifting to another agency that has more of a core connection to it; and they are identifying needs as they go through the process. He stated they are being forced to seriously look at the budget, programs, and services rendered and who is responsible and what the revenue sources are; and he tips his hat to Senator Posey for getting the State off and running to where it is today. He stated they still have a long road to go; all the Delegation members sit on some type of appropriations committee; and they welcome any information on programs or assistance for correction the Board may consider, so even though there is a black cloud, it has a silver lining they can look forward to.

Chairperson Colon stated cooperation and communication between local government and the State are more critical than ever; if they do not do that, the residents would suffer and no one wants that; therefore, they are moving in a positive direction.

Commissioner Carlson stated as Senator Posey said, they are in a tight spot this year; it will take the perseverance and understanding of everyone to do the best for the people at home; and she would like to hear from the lobbyist to get a feel for how he sees things shaping up this Legislative session.

Lobbyist Guy Spearman stated this will be his 29th session; and he has never seen things as bad as they are right now. He stated they are in for hard times; if they can maintain the status quo, they will be lucky; and he is praying the County will be able to keep what it has, but is not saying it can. He stated it is going to be difficult; there is some difference of opinion between the House and Senate; and that is a bigger issue than the County. He stated he is not sure at this point where things are going to end up in Tallahassee other than to echo that times are tough and they all will earn every dime they are paid this year; and it is not going to be fun for anyone. Commissioner Carlson inquired does Mr. Spearman see a coalition of groups like Florida Association of Counties, the School Board, the cities, etc. coming together to fight for their ground, and will that be occurring more so this year than it has in the past. Mr. Spearman stated he hopes that will be the case; but unfortunately he has seen some counties that have attacked their delegations, although that does not seem to be taking place here; and that caused some hostility between the elected Representatives and Senators and the local governments. He stated at this time it is early for him to be telling the Board whether or not that is all going to work out; and the way the Board is approaching this, by sitting down to talk with the Legislators without screaming, is the best way as the Legislature did not create the problem. He stated the Florida Association of Counties has come up with some good facts about what it is going to cost local government and where all this is going; and hopefully over time, the elected officials will take a look at all of this and see what it is going to cost. Commissioner Carlson stated the leadership in Tallahassee has been speaking about the potential of looking at sales tax exemptions and things to increase the revenue stream; and inquired if anyone knows anything more about that. Mr. Spearman stated there will be hearings in the Senate although there are not many hearings in the House right now; and all he can predict is that a lot of horse trading will have to go on before anyone says the “tax” word and/or removal of exemptions. He stated he predicts that issue will not be settled until the last few days of the session; and then his prediction is not good for passing anything like that.

Commissioner Higgs requested Mr. Jenkins provide the estimates that were given to the Board from Florida Association of Counties. County Manager Tom Jenkins stated they are estimating approximately a $4 million increase in the rates they are paying for the Florida State Retirement System; if the counties are asked to begin to pay for the housing of suspected juvenile offenders, that will cost approximately $2 million, so that is $6 million right there. He stated if they lose the mobile home licensing fees, that is a loss of approximately $125,000 that the County is currently getting; and there are some other areas that have not been broken down on an individual county basis, including potential reductions to the housing program, beach renourishment program, recycling, juvenile misdemeanor probation, assessment of juveniles, and adult pre-trial intervention. He stated he does not know the specifics on those and how they might affect the County; he has not gotten a chance to get to that level; but the big ones are Florida State Retirement and the housing of suspected juvenile offenders, which will be $6 million. Commissioner Higgs inquired if Mr. Jenkins has any idea what it would take if the Board decided to fund those issues from property taxes in terms of millage increase on a single-family home; with Mr. Jenkins responding approximately 4 to 5%. Commissioner Higgs stated it is a significant impact to the County; she does not want to argue about it because she knows the Legislature will work on that; and this may be an opportunity to really look to the counties and plan for the next five to ten years and make a decision to move services to the County directly. She stated if the State is not going to do those things and the counties are willing and able to do them, they can turn the paradigm over and move the services to the counties. She stated the concept that local governments are best able to provide the services has been around a long time; the County is ready; it has stepped up to the plate on child protection services; the County is able to be partners with the community in doing that; and suggested rather than being horrified at the Governor’s budget, that the County embrace the concept of moving services back to the counties and look at local governments to deliver those services. She stated there are some limitations in terms of the County’s ability to raise revenue; and if the State embraces the concept that local government can provide the services, it can find a way to give counties options for funding things. She stated no one is suggesting not taking care of juveniles; no one wants to suggest the children who are in custody for child protection should not be taken care of properly; so as the State looks at the dilemma it faces, it should think about giving counties the options to serve, changing the paradigm to allow local governments to deliver the services, and providing options for funding them, other than property taxes. She stated this is the moment of truth to radically look at what has been done, how the State has been working, and taking the step to ask local governments to do the job. She stated when the United States was formed with the Constitution there were only approximately three million people in the United States; the State of Virginia had only about 600,000; and the County is almost to that level. She stated the United States has grown up; the counties have grown up; and they have the expertise to deliver the services. She suggested this be used as an opportunity to change the way the State of Florida does business; they do not want to fight over the pie or over services any more; and the County wants to deliver, but wants opportunities to fund it other than just going to property taxes. She stated she does not care if it is for juvenile services, law enforcement on the waterway, or the Highway Patrol; the County has the ability to do that; and suggested the Legislature think differently this year. She stated that may be the way, in a very systematic planned program over the next few years, to deal with the budget issues; and recommended asking communities what level of services they want to have as they are in the best position to deal with that.

Chairperson Colon requested Commissioner Higgs elaborate on some of the votes that took place on Tuesday concerning Department of Children and Families. Commissioner Higgs stated the Governor is attempting to privatize child protection services; the Legislators are aware of community based care; and Brevard County is in partnership with Devereaux and Children’s Home Society to establish a separate organization that is negotiating with DCF in Orlando so they can be partners with the community in providing child protection services. She stated they are working on ways to fund that; and it is going to be difficult if DCF does not provide adequate funding; however, if they change the way they look at it and say child protection is now the responsibility of the County, the County can tell the constituents it needs x number of dollars because the State has said the County is going to do it. She stated it is a good way to move to a fiscally sound way of delivering services; it is close to the people; and the people will not allow them to let the children down or be wild with their money. She stated this is an opportunity; the Governor in his speech said he would like to see the State buildings empty; and she is not ready to give up the services; but she is ready to take over the services as are other counties. She stated they cannot continue each year to not take care of some of the very important needs.

Commissioner Pritchard stated there is not only duplication of services but triplication of services; there are services within the County where each social agency provides about 60% to 80% of a service and then the other 20% to 30% is provided by another agency; and it just keeps going on and on. He commented on creating more bureaucracy, multiple of entities only providing part of the service, and reducing the amount of agencies performing services and having services being provided by the agencies best able to handle the service. He stated he advocates home rule; the idea of having the County provide County services appeals to him; but the issue is always money and where it is going to come from; and he does not like the idea of going to the constituents to look for money. He stated he prefers to look at what the County already has and see how it can use the money better; and if that means becoming a little meaner or leaner, the County needs to spend wisely. He stated it does not matter what type of budgeting is used; the budget is a visionary document; and it is to give an idea of how to fund, spend, and achieve the level of performance and quality of life that is desired for the community. He stated the idea of having the counties in charge of their destiny is appealing; but he does not think that is going to happen too soon, because the State has its bureaucracy and occupations to be concerned about; he does not foresee the State being willing to give up too much because of the effect it would have on its bureaucracy; but that is something that needs to be looked at. He stated elected officials need to be more accountable to the taxpayers; they need to look at what they’re doing and make sure they are doing everything properly and as cost effectively as possible; and if they can achieve those goals, the public will be well served.

Chairperson Colon stated Teresa Ponchek who is part of Together in Partnership will provide feedback on how TIP and other agencies communicate with different providers to try to prevent duplication.

Teresa Ponchek stated she served as the Chair for Together in Partnership (TIP) for the first two years; and recently Larry Baxter with the Eckerd Corporation was elected Chair. She stated Together in Partnership was formed out of the County Commission; the key players in the community from law enforcement, social service agencies, and County and State agencies came together to request the Board help them form a mechanism where they could all work together in collaboration to eliminate duplication and get on target with a plan for the citizens of the County; and the progress has been outstanding. She stated they have 30 to 40 people come once or twice a month for an hour and half working meeting; they do not spend time on theory; and they discuss what would be good for Brevard. She stated they brought to the Board the issue that money was tight so they want best practice programs; if they only have $2, they want to invest that $2 wisely; they do not want to stop creativity; and they came to the Board to encourage some money be set aside for creativity. She stated there are very intelligent people in the community; and they would like to build on that. She stated the bottom line is to reduce juvenile crime; to do that they have to have early academic success with kids, and they have to have families that are strong and healthy; so those are the two major goals. She stated the community has come together; the group represents a cross section of organizations, agencies, private agencies, private companies, citizens, and children; and they have tried to talk to everyone. She stated that is the approach the front line people are out there saying need to be addressed. Chairperson Colon stated it important to leverage the money and avoid duplication.

Senator Posey inquired what is the base calculation used as the contribution rate for the $4 million for the retirement system; with Mr. Jenkins responding he can get those numbers. Mr. Jenkins stated he estimates it has gone up approximately 40%; but he would prefer to get the numbers. Senator Posey stated he does not know if others have been through the FRS indoctrination; but it will be an issue in Tallahassee; and it is not all that complex. He stated for every State employee, County employee, or other government employee covered by the Florida State Retirement System, the employer makes 100% of the contribution to the system; when he was first elected in 1992, the FRS was $15 billion under-funded on a $30 billion budget; that was because the teachers’ retirement system was broke, and when FRS took it over, there was a deficit; the contribution rate for regular service employees at that time was an amount equal to 16.5% of their salaries; and he had never heard of an employer doing that. He stated because they had some good luck in the stock market, about two years ago they came out of the deficit and it was fully funded; they changed the way they forecast it, going from a seven year forecast to a five-year forecast, which makes it look a little rosier; and at that time, they lowered the contribution for regular service from 16.5% to 11.5% of salary for employees covered by the plan. He stated since 9-11, he does not know what other stocks have done, but he knows what his have done; the State has been doing exceptionally well, but still not as great as it was; and they are going to recalculate, but no one has given him any numbers. He stated when they lowered it the last time, there was an amendment to hold the counties harmless; and advised of financial hits on Brevard and Indian River Counties. He stated with a swing back up, the County is required to increase funding just like the State does because it is the County’s benefits; if the County wanted to get out of the system, it would not pay anything; and that is the reality. He stated it is a big number; and it looks like the biggest budgetary threat at this time that the County is going to be faced with. Mr. Jenkins stated he will get the number for Senator Posey. Senator Posey stated activity-based accountability is how it works; there is a perception that everyone wants a more accountable government; it is not the House of Poppell, Needelman, Haridopolos or Mayfield, but the House of Representatives; and everybody is represented in government. He stated it is misperception that everyone wants to have an effective, efficient government; there was an article in the newspaper within the past year where the Clerk from the Legislature said the Legislature’s worst nightmare is that the population of Florida is growing and the size of government is getting smaller. He commented on others not thinking like Brevard County, government being lean and mean, and the cost to have such a government.

Chairperson Colon stated she would like to get some feedback on Article V funding; and requested the Clerk address the group.

Clerk of the Circuit and County Courts Scott Ellis stated part of the problem on the Article V funding is the mismatch of the fiscal years between County and State; the County agencies are preparing their budgets now; they are preparing a 12-month budget; but they only expect nine months of funding from the County; stated Article V takes effect in July 2004, but the County’s fiscal year runs from October to October; and if the Legislature can finish off the funding formulas this session, the County can estimate what the budget will be for the last quarter of 2003-04 plus the following year. He stated the concern they have is they are not sure where all the costs are going to be assigned, State versus County; and he is sure that is still being debated in Tallahassee. He stated there is a lot of work that will have to be done between the Clerk’s Office, the State Attorney, the Public Defender, and the County government to figure out how to fund court services; and it is going to be difficult if they do not know what the funding formula is for the last quarter until the day of the last quarter. He stated it is going to be a difficult situation if they take the last three months and the funding formula drops out of the sky from the State; it is better if the Legislature can work on the funding formula this session rather than work the funding formula plus funding at the same time next session; and he has a real concern that if they try to do the formula at the same time they are trying to do the budget, the formula is going to end up being shortchanged. He stated he would expect a funding formula similar to the schools, based on caseloads, fines, and County populations; and inquired if it is the Legislators’ understanding that the County will fund nine months of the Courts and the State will fund three. Representative Needelman stated they are going through the process now; on the House side, the Clerk’s Association should have been notified by Representative Holly Benson; it is looking at it as a joint committee; and he does not think those things have been settled into the process on the House side. He stated he will yield to Senator Posey on the Senate side; advised as he understands, it there is a select committee that is reviewing it; the Clerks should be providing input into it; but he has not heard of anything at this point. Mr. Ellis inquired who would be the best contact on the local Delegation. He expressed concern that the Florida Association of Counties and Florida Association of Court Clerks are both dominated by rural counties; stated Brevard County is not a rural county; he can see a funding formula come out that is great for Baker, Gilchrist, Hardee and all the other little counties that have 50,000 or less; and when it hits an urban county like Brevard County, it falls apart. Senator Posey requested Mr. Ellis send him a letter; stated he will be sure Representative Benson gets it; and other counties may have the same issue. Mr. Ellis stated he would like to stay in touch with the Delegation during the session; it is critical for the funding formula to be developed during this session so the counties can get an estimate; there are a number of issues that have to be addressed in the courts for efficiency; and right now they are hard to address because the County pays for the inefficiencies. He stated they have gone through these issues for ten years; and if they know the State funding is going to shrink, which he suspects it will, that will give them more leverage to get organized and be prepared. Senator Posey inquired if Mr. Ellis is aware that there is a lot of animosity behind the funding of the process; with Mr. Ellis responding yes. Senator Posey stated a good number of State Senators and Representatives are gone now, but there was a lot of hostility because they thought the counties were behind the Constitutional Amendment and the cost shift of all court funding to the State; and it is no secret there are some people who would like to settle the score. He stated it is probably a decision that will come right out of the Speaker’s office or the Senate President’s office down the homestretch; and he does not think they are going to telegraph any explicit plans to handle that because they do not want to have additional fights going on about it until the time they are ready to launch it. Mr. Ellis stated it will be unfortunate if it gets caught up next year trying to do the funding formula; and at least if it is done this year, the counties can have a ballpark estimate of what to expect the following year; with Senator Posey responding he agrees, but he telling the reality. Mr. Ellis stated he wishes Senator Posey were Senate President so this could be resolved today. He stated if money is to be taken from the counties and moved to the courts, then from County government’s point of view, they need to know what revenue stream is going to come to a halt on June 30; it is not just the Clerk’s office, but County government as well; and the County needs to know where to do its nine month projections on revenue for certain revenue streams that will not be reoccurring, so it is a big effect on everyone.

DISCUSSION, RE: 2002 LEGISLATIVE REQUESTS

Legislative Delegation Coordinator Carol Laymance stated an executive summary has been presented as part of the County package; and the floor is open for discussion.

Representative Needelman stated the County is looking for reform in the Statutes for the moving of derelict vessels; but he thought that moved forward a couple of years ago; and inquired what changes are wanted. Solid Waste Management Director Euri Rodriguez described the current procedure for derelict vessels; stated it is a highly inefficient manner of operating; it could be much more cost effective; and in the meantime derelict vessels are out there for one to two years more than they should be. He suggested cutting the County out of this and giving the authorization to the Fish and Wildlife Conservation Commission (FWCC) for them to pull it out the same way as the Florida Highway Patrol can pick up automobiles on the side of the road. Representative Needelman stated that poses somewhat of a different perspective because when dealing with vessels, there is a process to go through for identification before removal; they try to recover those costs first; it is supposed to parallel the bid process of the County; and it is usually a two-year process. He inquired if Mr. Rodriguez is looking at Florida Fish and Wildlife Conservation Commission to remove that process and rewrite it; with Mr. Rodriguez responding once the Commission has identified that it can be pulled out and has declared it to be a derelict vessel, then it hands it over to the County to include it in its tax; and he does not want to do any changes to the Commission’s internal procedure as far as looking for the owners and that kind of things. Representative Needelman stated he is still somewhat confused; and inquired if Mr. Rodriguez is looking at a payout period or removal period being two years. Mr. Rodriguez stated it is not actually a payout period; they identify it; it is necessary to wait for the next grant cycle, which adds another six to nine months to the process; the County puts in for the grant and goes out for an RFP, for which it is not reimbursed; and finally the County gets the money and pulls out the derelict vessel. He stated it can be one to two years after the FWCC has declared it a derelict vessel; and meanwhile the vessel is in the water deteriorating further. Representative Needelman inquired if Mr. Rodriguez knows if the FWCC has correlated this effort on the County’s behalf, and has he talked to someone from FWCC in reference to it; with Mr. Rodriguez responding no. Representative Needelman stated it looks like they may need to hook Mr. Rodriguez up with FWCC to find out what needs to be done by Statute; and he will be glad to do that. Mr. Rodriguez stated the concern is with the County receiving no administrative overhead for handling the grant; and any expenses incurred by the County are not reimbursed. Representative Needelman stated there is no charge to the counties for the investigation or prosecution or civil services being done. Mr. Rodriguez stated he is not sure who that would fall under, State or County.

Commissioner Pritchard inquired why is this not handled by the private sector the same as vehicles would be handled along the roadway or in areas clearly marked that the vehicle will be towed; stated considering the shortfall in State revenues, there may not be any grants; the grants may be going to fund other items more necessary than removing a vessel; and he is not opposed to removing derelict vessels; but if it were turned over to the private sector, such as Sea Tow, they could be pulled out, put in a yard, go through the process, and they could recoup the money. Mr. Rodriguez stated Representative Needelman is aware of the internal process that goes up to where it is declared a derelict vessel; and from that point is where the County takes over. Commissioner Pritchard stated he understands that; but he is suggesting changing that part of the process. He stated under the automobile Statute, it is considered an automobile that needs to be removed rather than a derelict automobile; the process is not as lengthy; he realizes under admiralty, there are certain restrictions; and he is suggesting changing those restrictions and letting the private sector handle it the same way they do automobiles. He suggested getting the County out of the boat hauling business, giving it to someone who is in the hauling business, and letting them generate the revenue from it. Mr. Rodriguez stated he would not be opposed to that at all. Mr. Jenkins stated they are suggesting taking the County out of the loop and the State would do it directly. Mr. Rodriguez stated the only thing the County does is put out a request for proposals, receive the money from the State, and pay it to the contractor. Mr. Jenkins stated the County does not have a necessary role; and the State could do it internally. Mr. Rodriguez advised the County is just an extra layer that is not necessary.

Representative Poppell stated this is being looked at now by the FWCC as far as funding it in the private sector; he does not have all the information with him; but he will look into that and get the information back to the Board. He stated they are looking for extra appropriation funds to held for this as Commissioner Pritchard is suggesting. He stated what was happening in some instances was that someone would either go bankrupt or leave town; there was no one to shift the cost back to; so therefore it would fall upon some agency to do it, be it the County or FWCC. He stated there is not always someone they can nail down and require to remove the vessel, go to jail, or pay a fine; and Representative Needelman has found that to be the case many times. He reiterated they are looking into it; and he will check on it and get back with the Board. Commissioner Pritchard stated his point was not to have the State or County involved in the process; his point was to have the private sector do it; and generally the private sector would react more quickly and efficiently and retrieve it before it fell apart in the water. He stated there may be some salvage value to the vessels; and they could make money off it at a smaller scale than would be necessary for government to consider as a viable operation. He stated his point was not to have a revenue source from the State, but to get out of the business. Representative Poppell stated that part is true, but someone has to deem the vessel derelict and tag it; that cannot be turned over to the private sector; some agency, whether it is County or FWCC or jointly has to do that; and the part he was addressing turning over to the private sector was removal. Commissioner Pritchard stated a parking lot may be posted advising vehicles will be towed at owner’s expense; and they could have the State say that any abandoned vessel in waters of the State will be towed by an appropriate agency and the individual owner can either retrieve the vessel, pay the fine, or whatever, but after so many days the person salvaging would secure title to the vessel and be done with it.

Chairperson Colon requested Commissioner Pritchard share with the Delegation the Board’s action regarding BRAC.

Commissioner Pritchard stated everyone is aware of the Base Realignment and Closure Process (BRAC); and unfortunately, Patrick Air Force Base (PAFB) is very high on the list because of activities that are not going on there and lack of opportunity for expansion. He stated there do not seem to be a lot of other entities ready to jump in and come into PAFB, so the County needs to create opportunity. He stated there is a committee already in operation under the EDC; and they are looking for additional funding to fund a person to be coordinator for the committee to secure tenants at PAFB, therefore taking it off any proposed list. He stated the worst thing they can do is let the base be placed on the list because getting it off the list is next to impossible; so with that in mind, the County approved seed money of $15,000. He stated there is more that is going to be needed; they may need to hire a Washington lobbyist, for example; and costs could exceed a few hundred thousand dollars. He stated the value of PAFB to Brevard County is in the billions of dollars; and it is very important to keep it. He advised there are retirees who depend upon it; there is active military that depends upon it; there are operations that go out of PAFB that are clandestine and one facility there that monitors abnormalities around the world; so, PAFB is important for a variety of reasons, and it is in the County’s best interest to insure that it does not make the BRAC list.

Chairperson Colon stated the EDC and Space Coast Alliance are working very closely with Congressman Weldon; and the Board is taking this very seriously.

Representative Mayfield stated he read through the list of local projects; and the Delegation will be glad to help in any way it can to try to get some of those things in the budget. He noted the Health Department is a pretty interesting item.

Senator Posey stated Item 3 is to support Beeline toll revenue bonds to help fund the widening of SR 520; he was under the impression that was already being done; and inquired if Bob Kamm is present. Mr. Jenkins advised Mr. Kamm is out of town and could not be present. Representative Mayfield inquired if that component was in the Transportation Bill that did not pass last year; with Ms. Laymance responding she thinks so. Representative Mayfield stated it was passed, but got pulled into the Transportation Bill. Senator Posey stated before that ever happened, there was a 25-cent tollbooth just past Cocoa that was knocked down; and the Expressway Authority was to collect the quarter triple net. He stated they did some favors for the Expressway Authority, so it collected the County’s money for free in perpetuity; and it was supposed to go into a fund to bond the four-laning of SR 520. He stated that was supposed to be the funding source for the eight miles that are under construction now; it is probably half finished; and that was supposed to be the kick-off funding. He stated the Transportation Bill had appropriations in it for two more phases of SR 520, which were in jeopardy when the Governor vetoed the bill; but he understood the Beeline toll revenue that the Expressway Authority collects was already into a bonding mechanism to kick off the initial four-laning; and if that is not correct, then that money needs to be appropriated for the next two components.

Commissioner Pritchard inquired if there has been any discussion of naming a portion of US 192 the Senator Howard E. Futch Memorial Highway. Representative Mayfield stated that is a great idea. Commissioner Pritchard stated Senator Futch was instrumental in the four-laning of US 192; he did everything but drive the dump truck; and in recognition of his efforts, that might be something the Legislature might want to consider. Chairperson Colon stated Brevard County may be building a new school in the Viera area; this is just her idea and she has not spoken to the School Board about it; but she would be supportive of naming a part of US 192 or a school after Senator Futch.

Charles Nelson, Parks and Recreation Director, stated he has an item that has just been brought to his attention relating to a State grant; and distributed paperwork. He stated the County has been involved in the Harry T. Moore project in partnership with the State; the County bought the home site a few years ago and put money into the original design; Senators Posey and Futch were very supportive of the funding for the complex; and the County was able to get a $700,000 grant. He stated today the State has indicated because of the length of time since the grant was awarded in 1998, that it is going to pull the money away at this time. He advised this is not new money; this is money already in the budget; he understands there have been projects that have sat for years and seemed to be going nowhere; however, this is a project that is unusual in that there has been a citizen committee since the beginning. He stated the committee met 46 times in public meeting; it developed the program and process leading to the actual development of the museum plans; and they are literally ready to go to bid on the project, but cannot get it completed by the completion date of May 31, which is the date they have been told. He requested Delegation support for an extension of the grant until the end of the year to allow completion of the project; stated it is a worthwhile project; the committee has created a non-profit foundation to assist in future elements; so they are not asking for new money, but just to expend those dollars they were fortunate enough to receive from the Legislature in the past. Senator Posey stated he got that appropriation; he got a million dollars, but the County could not spend that much, so it was lowered to $700,000; and inquired if stuff can be pre-paid now. Mr. Nelson stated that would be difficult in a bid process because the County would be paying the contractor for things in advance of actually having completed the work, so there would be great risk in doing that. Senator Posey inquired if the deadline was established; with Mr. Nelson responding it is out of the Department of Environmental Protection, which has extended it on an annual basis up to this point. Mr. Nelson stated they have been told by the Governor’s office that those grants would not be favorably received in terms of extensions; so they are not sure if it is at the departmental level and they are responding to the Governor’s direction or if there is some other process. Mr. Spearman advised it sounds like a carry forward issue. Senator Posey advised the other $300,000 went to the City of Fellsmere, which promised to name the community center and a recreation center after Mr. and Mrs. Moore, but has not done it yet; and that money is lost as it cannot be extended again. He stated he wants to know who is handling the grant in Tallahassee; the word is out that the State is trying to get back all money that is out that has not been spent; they are called reversions; and the State is on a reversion hunt. He advised of attempts to remove shelter money because it was not possible to get all of Palm Bay’s 80,000 people in a 6,000 square-foot building being built for emergency shelter; and stated he will work with Mr. Nelson on the grant, although he does not know if the Legislature can do anything. He stated they can probably never get this re-appropriated, although when times were good, they were able to do some wonderful things. Mr. Nelson stated he cannot overstate the citizen participation in this; that is one of the reason the project has moved forward; the group wanted to make sure everything was done right because the project is so special to the them; and it is a group that does not respond well to pushing, but they have gotten to the point where they are ready to build. Senator Posey stated that is something that is important; he may need Mr. Nelson to come to Tallahassee and bring information; and if he has a real hard time, he may need a couple of hundred people to go up to Tallahassee; with Mr. Nelson advising he is sure he can get them there if needed. Representative Mayfield inquired where the County is in the process; with Mr. Nelson responding they have the construction documents and are preparing bid packages for February; they are looking for award of bid in March; but they cannot complete the project in just 90 days after that. Representative Mayfield inquired if the trigger is that the project is under contract; with Mr. Nelson responding the closeout is all bills being paid by June 30; so, it is a two-date process to close out the entire grant. Representative Mayfield inquired if encumbrance does not meet the requirement; with Mr. Nelson responding it gets them past the May date, but not past the June date. Mr. Spearman advised it used to, but does not anymore; they are pulling back; and it is not directed just at Brevard County but at everything. Representative Mayfield stated Mr. Nelson had a design build contract ready to go; he has already started on the construction; approximately $600,000 is encumbered; and inquired if that does not qualify for a continuance, and how can the State pull that back. Mr. Spearman stated under the scenario Representative Mayfield presented, construction would be ongoing; but what he understood Mr. Nelson to say is that has not happened; and the State has pulled back millions of dollars for computers for which bids had gone out. Representative Mayfield inquired if Mr. Nelson had a contractor under contract and he started working, would he be complying under the deadline. Mr. Nelson advised the State specifically said they had to have completed work by the end of May and close out by the end of June, so the contract for construction is not relevant; and it is the contract with the State which says those things have to be completed by that point. Senator Posey recommended Representative Mayfield forget all common sense and logic; and advised of a situation with 20 new buildings where the State was trying to take back the money because they had only submitted three signature pages and four were required.

Virginia Barker, Environmental Management Supervisor, stated Item 2 is to provide beach erosion matching funds; the language itemizes the County’s request to the Department of Environmental Protection’s Erosion Control Assistance Program budget; but the bigger issue is the $30 million dedicated State funding for beach management matching funds. She stated the Governor’s recommended budget for 2003-04 provides only $20 million for that dedicated fund rather than the $30 million currently required by law; and the Governor’s proposal also uses some of the $20 million for staffing and operations of the State’s Beach Management Program, reducing the available funds for beach erosion control projects to $15 million instead of the $30 million that was legislated in 1998. She stated if the Governor’s change is accepted by the Legislature, there would no longer be adequate or consistent State funding committed to Florida’s beaches; and such a loss of the dedicated allocation of documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund would severely jeopardize Florida’s Statewide priority based long-range management strategy for comprehensive beach management in Florida. Representative Mayfield stated that is exactly what it would do; and he has a real problem with this, as do a lot of members who live in the coastal communities. He stated this was a commitment done by members who preceded him; and Senator Posey was one of them. He stated the legislative intent says it is important to do this; he is going to try and stop this one from happening because if the State loses this program, it will lose matching funds from the State and the federal pull down; and to him, this is a sacred cow.

Commissioner Higgs stated it is very important to the County because it has allocated Tourist Development money; Ms. Barker suggested the Board adopt a resolution to send to the Governor; and commented on the time constraints. Commissioner Higgs stated the Appropriations Committee will meet on February 3; that may be critical; and she does not know if the Board is ready to look at a resolution, but she has one supporting the continuance of the program, if the Board wishes to look at it. Representative Mayfield stated it is very necessary; the County needs to be on record stating how it feels about this; and the resolution should be as aggressive as the Board can make it. He stated Representative Poppell serves on the Environmental Appropriations Committee; this issue will come through his committee; and he knows Senator Posey will be right in the middle of this issue in the Senate. He stated it is a common thread in the Delegation; and there are many communities around the State that feel the same way. Commissioner Higgs stated the resolution strongly urges the Florida Legislature to fully fund the Department of Environmental Protection’s beach erosion priority list for 2003-04 for $30 million as provided for in Chapters 161 and 201, Florida Statutes, and requests the Florida Legislature oppose any legislative efforts to amend existing law, which allocates $30 million annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund for purposes of beach preservation and repair.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard. to adopt Resolution urging the Florida Legislature to fully fund the DEP’s Beach Erosion Control Project Priority List for 2003-04 for $30 million and request the Legislature oppose efforts to amend existing law, which allocates $30 million annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund for purposes of beach preservation and repair. Motion carried and ordered unanimously. (See page for Resolution No. 03-032.)

Mr. Spearman advised the good news on this issue is the two people in the Florida Legislature who care the most about this are the Chairman of the Senate Appropriation Committee, Senator Ken Pruitt, and the Majority Leader in the Florida Senate, Senator Dennis Jones; and they will fight to the end of the earth on this issue.

Representative Haridopolos stated Representative Bruce Kyle, who chairs the House Appropriation Committee, is also a good friend; and he will discuss this issue with him, and advise how important it is to the coastal communities. He stated Representative Kyle, as a member of the Freedom Caucus, which believes in some of the fiscal restraint issues, is a person who sees this not only as an economic engine, but as a quality of life issue; and the County can expect him to fight for this as well.

Representative Poppell stated there will be appropriation meetings on environmental issues and others that will be going on before the opening of session; so the sooner this is presented and gets in the works the better. Chairperson Colon stated she is glad to hear everyone is in sync. Commissioner Higgs inquired if Chairperson Colon can sign the Resolution so it may be sent out; with Chairperson Colon responding as soon as possible.

Upon motion and vote, the meeting was adjourned at 4:12 p.m.

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JACKIE COLON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST: BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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