HomeMy WebLinkAboutMinutes 05-15-2009
CITIZENS’ BUDGET COMMITTEE
Meeting Date: May 15, 2009
Conference Room 3
Meeting convened at 7:30 a.m.
MEMBERS PRESENT: Carl Hensley, Chairman
Bobby Rodriguez
Edward Lounds
Craig Mundt
Nathaniel “Nate” Wells
Patricia “Pat” Ferrick
Edith Hepburn
Randy Ezell
Jay L. McBee (7:33)
MEMBERS ABSENT: Dan Kurek
Thomas Hickey
Bill Casey
Richard Pancoast
John Culverhouse
Steven Messer
OTHERS PRESENT: Faye Outlaw Lee Ann Lowery
Marie Gouin Jennifer Hill
Bill Hammer Don West
John Ferrick Laurie Case
Mark Satterlee Kathryn Hensley
Diana Lewis Garry Wilson
Debbie Brisson Carl Holeva
Robert O’Sullivan Jeff Furst
Sophia Holt Shai Francis
Michelle Franklin Roger Shinn
Beth Ryder Joseph Smith
CALL TO ORDER
Mr. Hensley called the meeting to order at 7:30 a.m.
APPROVAL OF MINUTES
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Mr. Lounds made a motion to approve the April 17 meeting minutes. It was seconded,
and the minutes unanimously approved.
INVESTMENT – CLERK OF THE COURT, JOSEPH E. SMITH
Citizens’ Budget Committee
May 15, 2009
Page 2
Clerk Smith gave a PowerPoint presentation (see attached) to advise the Committee on
how the investments are doing.
Mr. Lounds asked how Clerk Smith monitors the money. Clerk Smith answered that the
Board’s Investment Policy is first. Safety is number one. They go with U.S. Treasuries
and U.S. agencies first as stated in the long-term investment policy. The long-term money
managers come in each quarter on a rotating basis to talk to the committee. They also
receive emails and postings. He sometimes relies on the hairs-on-the-back-of-his-neck
test. Shai Francis is a Certified Public Accountant (CPA), and he will have an office near
hers so they can spend more time together. He is making sure they are qualified, good
financial stewards of the people’s money.
Mr. Lounds asked how often he reports to the County. Clerk Smith answered they send
reports quarterly or as events warrant. When there was a problem, he made appointments
with the Commissioners to discuss Florida Local Government Investment Trust (FLGIT).
Mr. Wells asked about the Federal Deposit Insurance Corporation (FDIC) insurance. Ms.
Francis explained that it is different from personal FDIC insurance. There is no limit on
FDIC Corporate Obligation.
Mr. Wells asked about the seven to nine year return. That is what the money manager
from the State Board of Administration (SBA) told municipalities to expect. The reason is
that there are so many non-liquid assets. They get an email every few weeks that says
there is an amount available if they would like to take it. They always like to take it. The
amounts range from $15,000 to $80,000.
Mr. Wells asked if Clerk Smith was comfortable with the transparency of the SBA. Clerk
Smith said they are locked in and will keep adding to their withdrawals until they get $5.7
million balance. If they do not hit that number in seven to nine years, they will have to ask
more questions. They will keep track and work to get the principal back.
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Ms. Ferrick referred to the March 31 Investment Report. It showed there was
$3,570,000+ in cash. Ms. Francis explained the reason it was not on the current report is
that it is cash left in the bank to cover outstanding checks. The presentation is covering
funds that are invested.
Ms. Ferrick asked about bank ratings. Ms. Francis handed out TheStreet.com Ratings and
copies of a letter from Alex Sink (see attached). Clerk Smith has not been able to find an
A rated bank. Under the Qualified Public Depository Program the dollars are
collateralized. The money placed in local banks is covered by obligations so the banks can
pay out whatever is put in. The Clerk and staff have to do their best to get some interest.
Mr. Ezell added that in the Qualified Public Depository Program the weaker the bank
rating, the higher the collateral the bank has to leave. If the bank is very weak, they have
to collateralize as much as 150 to 200%. That is the safe guard. If the bank gets kicked
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May 15, 2009
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out of the program, it is time to go.
Clerk Smith said they are not doing so badly on Certificates of Deposits (CDs). They are
collecting about 6% on one investment, Capital Guardian. Even in the current economy,
with the money managers’ guidance, they are making as much interest as possible on the
taxpayer dollars. They are working hard.
Mr. McBee asked about the range on CDs. They are all laddered. They go from one and
one-half to two years. About every other month a CD matures, so they continue to
purchase.
Mr. Rodriguez asked how they choose which banks to use. Clerk Smith answered that it is
the bank’s choice to bid. Some do not want to go through the collateralization process.
Mr. Mundt asked about the corporate obligations. Ms. Francis answered that it is specific
bank debt. It is not a mutual fund. The bank issues the debt. Mr. Ezell added that it is
bank debt but it is FDIC guaranteed. The government decided banks have to have
liquidity. They did not in the Great Depression. The government guarantees the debt if
the bank qualifies for the program. It is not just corporate paper with normal risk. It is bank
guaranteed debt.
Mr. Mundt asked about the money markets. Clerk Smith answered that J.P. Morgan Chase
is the current fund manager. There is one manager for all the money markets.
Mr. Mundt asked for the names of the members of the Investment Committee. Howard
Conklin is chair. Todd Bevan, Mike Dillman, T.J. Buckley and Chris Fogal are the other
members.
Mr. Lounds asked about the company for the investment portfolio. Clerk Smith answered
that there are three; Public Financial Management (PFM), Capital Guardian & Sawgrass.
Mr. Lounds asked how often they report to the Clerk. They send information once each
quarter. They come in and sit down with the Investment Committee every nine months.
Mr. Lounds asked if they can move the money where they think the investment would be
the greatest. When Clerk Smith answered yes, Mr. Lounds asked how you know it doesn’t
get moved to an inappropriate place. Clerk Smith said there is a policy with them that
states the types of funds allowed. Mr. Lounds asked if money would be available if it was
needed for an emergency like a hurricane. Clerk Smith said the dollars are there. There
are CDs in local banks that we could probably get first. With long term investments, we
can get them for what they are worth on that day.
Mr. Lounds asked about how the Clerk’s office pays the bills. Ms. Francis answered that
they do take discounts. The County has good policies in place. The Finance
Department’s turn-around time is very quick. Clerk Smith added that the Finance
Department serves in a pre-audit position. They make sure the payments are based on
Board policy and have correct authorization signatures. Mr. Lounds said the Finance
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May 15, 2009
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Department is the check and balance to keep the funds from being disbursed in an
untimely manner. Clerk Smith added that there are security measures at the bank. Mr.
Lounds said a lot of citizens don’t understand that the County does not write the checks.
He thinks it should be explained. Clerk Smith said it is not currently on the website but
should be in the next few weeks. Mr. Lounds said more visibility and transparency as to
how the system works would take doubt out of people’s minds. Clerk Smith and Ms.
Outlaw are working on understanding where the other person is on the issues. Clerk
Smith is thankful for a good working relationship with the Board. Mr. Lounds said it is his
responsibility.
Mr. Mundt asked if they use just one bank for disbursements. Clerk Smith answered
Seacoast National Bank.
Clerk Smith thanked the group for the invitation and asked them to call anytime he is
needed.
ECONOMIC STIMULUS – Faye Outlaw & Marie Gouin
Ms. Outlaw showed the group the Economic Stimulus PowerPoint presentation that is
attached. The Current State of Affairs numbers have increased since they were listed in
January. The 10,000 foreclosures in St. Lucie County have grown to about 20,000 and
unemployment is up from 10.5 to about 12.8%.
It is a very slow process of federal stimulus money trickling down to local governments.
We have not seen significant dollars.
The program is between $25 and $30 million. The projects will be approved by the Board
and go through a Public Hearing process. The list of currently approved projects
completed the presentation.
Ms. Outlaw handed out information on the Local Preference and Local Economic Stimulus
ordinances (see attached).
Mr. Wells asked if the jobs were full-time equivalency. Ms. Outlaw said the jobs were
related to the project. When the project is completed, the job would be done.
Mr. Lounds said anything that puts people to work is great. His concern is that it is
temporary. He asked if the Economic Development Council (EDC) is working with the
County to look for longer term job opportunities. Ms. Outlaw answered that they are
working on a deal. The job growth incentive grant and the ad valorem tax abatement the
company needed were completed, so they could be submitted to the State. Hopefully, the
State will bring their money to the project. Then she can go to the Board with a Letter of
Intent. There are a number of jobs tied to it. She has a meeting scheduled with Mr. Pelton
on Monday to discuss another company. They are meeting on a weekly basis to continue
efforts. The EDC does the lead on recruiting. They work hand-in-hand and that has gone
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well.
Mr. Hensley asked how much of the $30 million for projects is federal money. Ms. Outlaw
did not have the percentage with her. It is a combination.
Ms. Outlaw walked the Committee through the Local Preference Ordinance 09-005 chart
and explained Palm Beach County’s reciprocity program. St. Lucie County is not included.
The Local Preference Ordinance is targeted to the company or firm.
The Local Economic Stimulus Ordinance 09-008 is focused on the workers, sub-
contractors and suppliers. The January 2008 date is to help businesses who had made an
investment in the County.
Mr. Rodriguez asked if the information is on the St. Lucie County website. Ms. Outlaw
answered that it is. He asked that as the program continues, will there be opportunities for
businesses other than construction. Ms. Outlaw said there will be construction and
professional services projects. We do quite a bit of business through quotes. There is a
team checking the current process for getting quotes. It will be modified to allow other
companies to quote. Those projects will typically be under $50,000. Two or three of those
projects would help a struggling company keep employees on the payroll.
Mr. Lounds tried to tie the two ordinances together. Ms. Outlaw explained they are
separate. The preference ordinance does not have the 75% threshold tied to it. It is
focused on the location of the company. The stimulus ordinance does have a preference
component.
Mr. Lounds asked why we couldn’t use the stimulus ordinance to ensure employment in
good times. Ms. Outlaw explained that it is a policy decision the Board could make. The
preference program will be incorporated into the Purchasing Manual. The stimulus
program was adopted by ordinance. The Board will look at it in six and twelve months to
decide if they want to sunset or continue it. Mr. Lounds complimented the design of the
ordinance. It puts the St. Lucie County people to work first. He thinks we should do it
forever.
Mr. Wells asked about qualifications for the contracts. He reminded the group that he
brought up the issue at the original Local Preference meeting. Some local companies are
not able to do the work and over-run projects with change orders. Ms. Outlaw explained
that change orders that increase the cost of the project, must go back to the Board. There
is always a concern about a company placing a low bid and having a large number of
change orders. Staff checks to see if valid. Mr. Wells asked if there is a red flag if a bid is
too low. Ms. Outlaw said there is not a written policy. She gave an example of a low bid a
few weeks earlier and how staff made certain the company was bidding on the same things
and understood. It must be done on a case by case basis.
Mr. Rodriguez asked if a contract can be voided if the company continues to change the
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May 15, 2009
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work orders. Ms. Outlaw believes it will not be voided on the number of change orders.
But it will be a problem for them if they submit a bid in the future. The County does not
always approve all change orders.
Mr. Rodriguez asked if the County had encountered a company with a problem of many
change orders. Ms. Outlaw answered they have in the normal business of construction,
some are legitimate, some are not. The Board scrutinizes change orders. They do not like
to see them. Staff wants to be able to stand firmly behind the necessity of a change order
before they present it. They are the ones that will be grilled. The last year, the Board has
required a list of prior change orders when a new one is presented. They try to avoid
them; but they must be responsible if the change order is needed.
Mr. Rodriguez asked if the County will look at minorities. Ms. Outlaw answered that this
program is based strictly on price. The County does not have a minority program on their
books.
Mr. Lounds asked about St. Lucie County being their own contractor. Ms. Outlaw
answered that it is done on some County facilities. Under Florida statute, projects over
$300,000 must be put out to bid. Mr. Lounds asked if the County could override a bid. Ms.
Outlaw did not know the legal answer. The County Attorney has held them to the
$300,000 amount. Mr. Furst answered that you don’t want to do that. If a private company
comes in lower, it is because they have lower labor and benefit costs. Mr. Lounds said the
bigger the project, the more a labor source and buying power comes into play.
Mr. Mundt confirmed that the County can do a no-bid contract up to $300,000. Ms. Outlaw
said they can do it internally depending on the type of work. Mr. Shinn’s department
focuses on buildings. Mr. Mundt gave the example of an agenda item the past week. Ms.
Gouin explained how the engineering firm was determined. It is by rotation. Mr. Shinn
explained that the building being discussed is a Parks and Recreation project. Mr. Mundt
expressed his concern about the cost. Mr. Shinn gave more information on the project.
Mr. Hensley asked if Ms. Outlaw had any idea how much federal stimulus money she could
expect the next couple years. She explained that the government is still defining how it will
be administrated, through the States or directly. We did receive a portion through the
Transportation Planning Organization (TPO). She believes the amount was $2 million.
Any amount helps. The County has to apply to the State to get the alternative energy
piece. A formula was applied for the amounts given to the Cities. It is hard to predict what
the total amount will be. $37 million of State stimulus money is being spent on State Road
70. Even though the money was not sent to the County, we will benefit from it. Mr.
Hensley asked if there was a person on staff watching. It would be a big job. It is part of
the Grants Director’s job. He is being assisted by our lobbyist.
Ms. Ferrick thanked Ms. Outlaw for the information on the banks.
OTHER ISSUES
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Mr. Lounds asked if the improvements at the jail medical wing is a dead issue since the
Board withdrew money from the project to put into the Research and Education Park. The
need is still there. Ms. Outlaw said they are continuing to look for stimulus funding for the
jail medical wing. There will be further discussion as part of the upcoming budget reviews.
Staff is taking a detailed look at the Phase One Plan for the Research and Education Park
to confirm the sequencing of improvements and dollar amounts, so they can tell the Board
the cost to meet the goal of having the infrastructure in the ground by December of this
year. A portion of the $3.2 million may not be needed. There may be some money
available for the design of the medical wing if that is the Board’s choice. Other funds may
be identified during the reviews. They have expressed support for having the medical wing
built. She thinks it is a matter of timing. It has not been forgotten. Mr. Lounds said there
would be 12 to 14 - month job opportunities and in the long run, save the County money.
Mr. Mundt asked Ms. Hensley if the legislature adopted an option for increase in sales tax
for schools. She explained what they did last year to balance the budget. He asked if they
were going to need an increase this year. She said they will have to go any place they can
find money.
Ms. Outlaw went back to the question of how much of the stimulus projects were federally
funded. She had been advised the federal projects cannot be done under the stimulus
program because of restrictions.
Mr. Wells asked Chief Deputy Wilson about the Federal and State prisoners. Chief Deputy
Wilson answered that they were averaging mid-60’s of Federal inmates. That does
provide additional income that helps offset overtime costs. Two years ago the Board gave
them 70 new positions. Because of the downturn in the economy, 50 of the positions were
frozen. Close to 40 were detention and law enforcement deputies. That forces them into
an overtime situation.
The State Violation of Probation inmate number has gone down a little. There are between
400 and 430 inmates in custody that are technically State prisoners. Everybody has tried
to work with the State to secure reimbursement. Mr. Wells said the inmates come with
medical issues that would help to justify why we need State support. Ms. Outlaw agreed.
Chief Deputy Wilson said the federal inmates are moved quickly if there is any significant
medical or discipline issue.
Mr. Lounds asked about next month’s agenda. Ms. Outlaw answered the proposed budget
would be the topic. Mr. Mundt asked about the delinquency on taxes. Ms. Outlaw said she
would follow up with Mr. Davis. Mr. Furst said Mr. Davis will sell the tax certificates. Ms.
Outlaw said Mr. Davis has a high collection rate.
Mr. Lounds said he has mixed emotions about taking the money from the Jail Medical
Wing and putting them into the Research and Education Park. The better the facilities at
the Jail, the more money will be saved keeping inmates out of Lawnwood. She believes
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the Board understands. They are struggling with competing priorities.
Ms. Outlaw said she plans to bring the proposed budget to the June meeting for the
Committee to review before it is presented to the Commissioners in their reviews in July.
She asked the Committee to consider canceling the July meeting. The Committee agreed
to cancel.
Mr. Mundt asked for the dates of the Budget Reviews with the Commissioners. Ms. Gouin
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answered they are the week of July 13. Ms. Outlaw thanked the group and said they had
very good questions.
Mr. Lounds complimented Ms. Outlaw on the Local Preference and Local Economic
Stimulus charts.
ADJOURNMENT
Mr. Hensley adjourned the meeting at 9:01 a.m.
Respectfully submitted by: Brenda Marlin