MEETING: BOARD OF COUNTY COMMISSIONERS AND LEGISLATIVE DELEGATION

I. CALL TO ORDER: February 24, 1999, at 12:30 p.m., in the Thomas McEaddy Memorial Chambers, Governmental Center, West Palm Beach, Florida.

I.A. ROLL CALL

MEMBERS AND OFFICERS PRESENT:

Chair Maude Ford Lee

Vice-Chair Warren H. Newell

Commissioner Burt Aaronson - Absent

Commissioner Mary McCarty - Absent

Commissioner Karen T. Marcus

Commissioner Tony Masilotti

Commissioner Carol A. Roberts

County Administrator Robert Weisman

Chief Deputy County Attorney Gordon P. Selfridge

Director of Public Affairs Denise Cote

Director of Planning, Zoning and Building Code Enforcement Division Terry Verner

Deputy Director of Environmental Resources Management Jon Van Arnam

Lobbyist Kathleen E. Daley

Deputy Clerk Allison L. Moree

LEGISLATIVE DELEGATION MEMBERS PRESENT:

Representative Bill Andrews, Chair - Absent

Representative Suzanne Jacobs, Vice-Chair

Senator Muriel "Mandy" Dawson-White - Absent

Representative Lois Frankel

Senator Steve Geller

Representative Addie Greene

Representative Ed Healey

Senator Ron Klein

Representative Curt Levine

Representative Sharon Merchant

Representative Rick Minton - Absent

Senator W.G. "Doc" Myers - Absent

Senator Tom Rossin

Representative Debby Sanderson

Senator Jim Scott

Representative Tom Warner - Absent

Interim Executive Director Ronald L. Book

I. A. OPENING COMMENTS

Commissioner Lee and Representative Jacobs welcomed everyone to the meeting.

II. BOARD OF COUNTY COMMISSIONERS-LEGISLATIVE DELEGATION PRIORITIES

Public Affairs Director Cote said the purpose of the meeting was to discuss the eight priority issues and provide an update of the activity that had occurred and still needs to occur prior to the beginning of the Legislative Session on March 2, 1999.

II. A. IMPLEMENTATION OF REVISION 7

Florida Association of Counties representative Mary Kay Cariseo said the association would like to establish a blue ribbon commission for the implementation of Revision 7. The president and speaker of the Senate have agreed to organize a select committee, in lieu of a commission, which would comprise House and Senate members and would focus on the implementation of Revision 7, she said. Ms. Cariseo suggested the Joint Legislative Auditing Committee work with the select committee to bring together issues that need addressing. She said she believed that this will create substantial changes in the court systems and bring about greater accountability and sufficiency. Commissioner Marcus agreed that this was not just an appropriations process and that there was revenue available through legislative changes.

II. B. LAKE WORTH LAGOON ECOSYSTEM MANAGEMENT PROJECT FUNDING

Commissioner Newell reviewed the funding cycle and grant awards for the Lake Worth Lagoon Ecosystem Management Project funding, and said the governor's budget did not include swim appropriations, which removed funding from St. Lucie and Palm Beach counties. Mr. Newell requested the Legislative Delegation to reinstate the funding and explained the programs that were discontinued were established programs. Representative Merchant confirmed that all projects were in the planned or permitted stage. Mr. Newell explained the governor cut the funds from the agency budgets.

II. C. PAWNBROKERING/TITLE LOAN LEGISLATION

Commissioner Newell explained the County had adopted a resolution supporting Representative Bill Sublette's House Bill 299 regarding regulating the interest rates the title loan industry may charge and was preparing for a public hearing to discuss an ordinance supporting the reduction of interest rates and local regulation. Representative Merchant suggested monitoring the bills currently being considered and noted that the Duval County local legislation that reduced the interest rates may be thrown out by the courts.

Commissioner Newell also discussed CS/CS House Bill 555, the pawnbroker bill, that was created by the Criminal Justice Commission. Senator Klein agreed that both areas deserved state attention and that it was difficult for an individual to recover stolen merchandise that had been pawned. Representative Healey and Senator Klein agreed that the home rule issue, regarding local enforcement, was very controversial. Mr. Healey said he believed that the home rule issue will not survive and agreed with statewide enforcement. Commissioner Roberts expressed concern with consumer protection and said if the legislature passed a bill that enforced statewide regulation that this would not protect consumers.

II. D. BEACH AND INLET MANAGEMENT PROJECT APPROPRIATIONS

Environmental Resources Management Deputy Director Van Arnam reviewed the high-priority projects.

Senator Rossin and Mr. Van Arnam discussed funding within the governor's budget.

II. E. STATE ROAD 80

Representative Merchant said she had met with the Florida Department of Transportation (DOT) officials, Florida Turnpike Authority officials, and others who were aware of the shortfall of $30 Million in funding for the State Road 80 project and suggested monitoring the situation. Commissioner Roberts agreed to monitor this issue.

II. F. CODE ENFORCEMENT FINES

Representative Levine said he had filed House Bill 479, concerning code enforcement fines, but requested the Board's guidance to file an amendment to the bill to increase the fine up to $50,000 per violation or $15,000 per day. Senator Geller said he had filed two code enforcement bills for the County and the League of Cities which would give authority to local governments to change code enforcement liens to money judgments for collection efforts. Code Enforcement Director Verner said staff supported increasing the fines. Chief Deputy County Attorney Selfridge suggested raising the fine to a level that a large entity would not consider as a cost of doing business. Commissioners Marcus, Masilotti, and Roberts agreed to increasing the daily fine to $1,000 and the maximum fine up to $50,000.

Commissioners Masilotti and Roberts expressed concern that other counties may view these fines as excessive. Mr. Selfridge suggested requesting that the Florida Association of Counties support the increased fines and said since this is a local option other counties would not be forced to increase the fines.

II. G. INTERIM IMPROVEMENT SURCHARGE

Senator Klein expressed concern with counties, cities, and school board members not supporting Senate Bill 320 and suggested contacting the local legislative members to show support. Commissioner Marcus said she believed the Florida Association of Counties would support this bill and expressed a need to continue to educate the public.

II. H. TAX EXEMPTION FOR THE FILM INDUSTRY

Lobbyist Daley said there were some disagreements to work out but the House Bill 2021 was expected to move forward.

II.  I. APPROPRIATION REQUESTS: (1) RIVERBEND REGIONAL PARK, $1.3 MILLION; (2) MORIKAMI GARDENS, $800,000; (3) PEANUT ISLAND PARK $1 MILLION; (4) HEALTH DEPARTMENT CLINICAL FACILITY $8.455 MILLION; (5) SPAY SHUTTLE $20,700; (6) MOUNTS BONTANICAL GARDEN $1 MILLION

Director of Public Affairs Cote explained the appropriations were prioritized by staff and approved by the Board.

Representative Jacobs expressed concern that some of the requests were duplicated by the Legislative Delegation. Interim Executive Director Book said all County projects listed are part of the list submitted by the Legislative Delegation as special project requests.

Senator Klein asked if any cultural arts grants appeared on the list. Mr. Book explained a Department of State rule that if a special budget request is funded by the Special Legislation there must be a full three-years' delay before becoming part of the grant cycle.

Representative Greene said she would like to meet with the Board to discuss projects for the Glades area which should be on the County's list. Commissioner Masilotti discussed possible programs to be held at the Old Lake Middle School site which would benefit the Glades area.

(CLERK'S NOTE: Unscheduled items were heard at this time. See Items IV.A., IV.B. and IV.C., Pages 4-5, respectively.)

(CLERK'S NOTE: Items III.A. and III.B. were discussed together.)

III. OTHER ISSUES

III. A. PALM BEACH COUNTY DAY MARCH 10, 1999

III. B. JOINT LEGISLATIVE PROGRAM - BOARD OF COUNTY COMMISSIONERS, SCHOOL BOARD, AND THE LEAGUE OF CITIES

Director of Public Affairs Cote announced Palm Beach County day was scheduled for March 10, 1999.

Ms. Cote also said the purpose of the joint legislative agenda was to reiterate the issues of all three taxing authorities.

Commissioner Masilotti requested continued support of the Legislative Delegation for the Smart Schools Bill.

UNSCHEDULED ITEMS

IV. A. GUN CONTROL

Commissioners Marcus and Masilotti expressed concern about the current law that requires a background check through the Florida Department of Law Enforcement (FDLE) on anyone purchasing a gun. The FDLE requirements do not authorize the FDLE to provide background checks for private dealers. Commissioner Roberts suggested a constitutional amendment that would allow the FDLE to provide background checks to licensed and un-licensed gun dealers. Senator Klein requested a memorandum with that suggestion to be used to notify the committees of this situation.

IV. B. COMMUNITY CARE FOR THE ELDERLY FUNDING

Commissioner Roberts said the Community Care for Elderly (CCE) and Home Care for the Elderly have a backlogged list of persons in need of services requiring in excess of $1.9 Million in funding. These are state funds that were not available, she said. The County has a waiting list of 543 persons who can not be served because of lack of funding. Commissioner Lee asked that this be monitored for bills that may emerge.

IV. C. TRANSIT GREENWAY PROJECTS

Commissioner Roberts offered to monitor the Transit Greenway Project being considered for funding by the High Speed Rail Money. Representative Merchant said the Appropriations Committee was aware of the Transit Greenway Project and that there was a lot of competition for these funds. Ms. Merchant said she would monitor the allocations process.

Senator Klein suggested creating a coalition to request High Speed Rail money for Tri-Rail funding. Commissioner Roberts agreed that Tri-Rail could be more than a South Florida project and possibly be extended from Jacksonville to Miami and agreed to inform the Board of any updates.

V. ADJOURNMENT

Commissioner Lee declared the meeting adjourned at 1:37 p.m.

ATTESTED: APPROVED:

Clerk Chair