Coversheet


LEGISLATIVE MEMORANDUM

TO:	Honorable Mayor and Members of the City Council
FROM:

THRU:

Joan Junkala-Brown, Community & Economic Development Director

DATE:	12/3/2020
RE:	Consideration of the City’s state legislative priorities.


In coordination with the City's state lobbying firm, Sunrise Consulting Group, staff has prepared a list of legislative priorities for the upcoming 2021 State Legislative Session. The session is expected to kick off with the Brevard Legislative Delegation meeting to be held in December 2020. The date and location has not yet been determined. The Community & Economic Development Department has met with all other departments to identify individual legislative policy reform or funding appropriation requests. The City is focused on requests that will advance existing projects and initiatives as well as enhance the economic viability of the community. The COVID-19 pandemic has and will continue to impact state revenues and funding streams. To that end, it is the recommendation of Sunrise Consulting Group that the City focus primarily on legislative policy reform this session with a few funding appropriations as deemed necessary to the City's ability to serve the community during the ongoing pandemic. The following recommendations reflect a strategic and prudent approach to identify legislative priorities which yield the best possible outcome for our City and remain mindful of existing and potential future pandemic-related limitations. Staff is recommending three (3) funding appropriation requests and three (3) legislation/policy recommendations for a total of six(6) priorities for Council’s consideration. Funding Appropriations The Utilities Department is seeking funding for Septic-to-Sewer conversions which will result in the protection of the Floridan aquifer, canal systems, Turkey Creek, Indian River Lagoon and other natural water resources. The City is seeking funding appropriations for the connection of 150 residential parcels to the City’s sewer system. It is anticipated that the average cost to connect is approximately $7,500 per household. The total funding appropriation request for this item is $1,125,000. The Public Works Department is seeking funding appropriations for the installation of two Nutrient Separating Baffle Boxes/Treatment Trains to support the health and restoration of Turkey Creek, a natural tributary of the Indian River. The City will handle surveying, prepare design plans for the baffle boxes in-house, and cover the costs for permitting and in-house construction and engineering estimated at $88,000. The estimated construction costs for both baffle boxes is $500,000. The Information Technology Department is seeking funding for enhanced cybersecurity to further protect the City from increasing cyber-attacks. Funding would enhance the City's ability to provide robust data loss prevention and protection of sensitive information, the enabling of citywide two-factor authentication, increased security for mobile devices and implementation of proactive network monitoring. As established in the recently adopted draft of the 2021 Legislative Action Agenda, the Florida League of Cities (FLOC) continues to call upon the Florida Legislature to provide the resources necessary to keep cybercriminals from compromising data of citizens and businesses. The estimated cost for the proposed security enhancements is $730,000. To support this funding appropriation request, staff is also requesting the use of $200,000 in General Fund Reserves to serve as a local match. Legislation/Policy Priorities The Building Department is seeking legislation reform affecting the Building Enterprise Fund carryforward and use of funds. Through House Bill 447 enacted in 2019, Chapter 125.56 of the Florida Statutes imposes restrictions on Building Enterprise Fund carryforward. Local governments may not carry forward an amount exceeding the average of its operating budget for the previous four (4) fiscal years. Further, a local government shall only expend such excess funds to rebate and reduce building permit fees, or shall refund such at the discretion of the local government. The Building Department is also requesting legislative support to amend the requirements for the carrying forward of funds so that local governments may undertake more effective fiscal planning for expenditures of this enterprise fund revenue. Staff is seeking support from legislators for a change in the Florida Statutes to reflect that the entirety, rather than an average, of four years of enterprise funds be held in reserve in order to withstand future economic downturns. Staff also requests amendments to State Statute 553.791 to reflect that planning and zoning activities be identified as allowable expenditures for enforcing Florida Building Code. The Procurement Department is seeking support for legislative changes in Chapter 287.055, Florida Statutes, amending the Consultants Competitive Negotiation Act (CCNA) to allow agencies to undertake a ‘best value’ procurement process which would include the consideration of price in addition to the firm's qualifications. The CCNA was enacted by the Florida Legislature in 1973. This qualifications-based public procurement system fails to provide public agencies the ability to competitively award contracts for specific professional services through a ‘best value’ procurement process, which includes the opportunity to consider cost as one of the weighted criteria. This matter was brought before City Council on December 15, 2011 as Resolution No. 2011-55, which provided Council's support of the proposed amendments. REQUESTING DEPARTMENT: Community & Economic Development


FISCAL IMPACT: The City is seeking approval to propose the use of $200,000 in undesignated General Fund reserves as local match for Funding Appropriation Request #3 pertaining to cybersecurity. If the City is awarded a funding appropriation for this request during the 2021 Legislative Session, staff will bring forth a Budget Amendment to approve the transfer of funds from undesignated General Fund Reserves into the appropriate Information Technology account(s).

RECOMMENDATION:

Motion to approve the 2021 Legislative Priorities of the City and authorize City staff, in coordination with the City's state lobbying firm, to pursue the City’s legislative agenda and seek legislative support and sponsorship from the Brevard Delegation; and approve the request for $200,000 in General Fund reserves to serve as local match for Funding Appropriation Request #3 relating to cybersecurity.