TAB Partner Seeks Help from Cities and Towns

The town of Palm Beach County Budget Task Force (a TAB coalition partner), hosted a meeting of elected officials of towns and cities throughout the county yesterday, asking them to join with the task force and TAB to advocate against another year of tax increases on the county level.

The attendees were given a presentation of the TAB work on budget trends, and the prelimnary “TAB Proposal” for the 2012 budget which includes no tax hike, probably requiring about $60M in spending cuts or dipping into reserves. The proposal is preliminary because the county has not published a budget estimate and doesn’t expect to have one until May, prior to the first budget workshop on June 13.

The proposal also includes suggestions for Charter changes (including a county “Smart Cap”) and has analysed the likely savings possible with FRS reform requiring employee contributions. See the chart package for details on the proposal.

See Mayor Gail Coniglio asks help to pressure Palm Beach County to not raise taxes for the Palm Beach Daily News Story by William Kelly.

Pension Reform in Tallahassee – an Update

Breaking News:

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When last we looked at the House and Senate bills for FRS reform (Pension Reform and Implications for Palm Beach County), the House bill had not yet been introduced and the Senate bill, though a pale shadow of what the Governor wanted, at least offered some reform in the area of employee contributions.

Senate Bill SB1130 has now been passed out of Government Oversight and into the Budget commitee, and the provisions it maintained are really of no consequence to serious reform. From what we have been told, the employee union lobbyists descended on the Senators of the Government Oversight and Accountability Committee, outnumbering pro-reform forces by a large margin. The capitulation was total. Gone is any mention of accrual changes, and the employee contribution is tiered in such a way that few will pay more than pocket change. As a matter of fact, this bill has a provision that totally eliminates any employee contribution if the system returns to 100% funding. The requirement for new hires to be eligible for only the defined contribution plan remains, but only for those positions whose starting salary exceeds $75,000. Our TAB analysis of the impact to Palm Beach County indicates that this bill could actually cost the county $1.7M MORE than the existing pension scheme. Both of our Senators Bogdanoff and Benacquisto sit on this committee and voted for this extremely disappointing bill. Click HERE for the latest commitee staff analysis of SB1130.

HB1405 started out reasonably close to the Governor’s proposal, but has been weakened also. The 5% contribution has been dropped to 3%, there are no accrual class changes, and no mention is made of COLA adjustments or plan eligibility for new hires. It does still eliminate the DROP program after July of this year, but with a few committees yet to go, can this survive? The House bill does save money though – with a 3% contribution, the county could potentially see a $58M savings ($28M for county government not counting the schools.) Click HERE for the latest committee staff analysis of HB1405.

It was our understanding that the almost $4B budget hole was to be filled (in the Governor’s plan) with a contribution of $1B in savings from FRS. With an overwhelming majority in both houses, the Republicans in Tallahassee have the opportunity to accomplish real fiscal reform. This is not a very auspicious start. Hopefully, Governor Scott will not accept this faux reform and send the legislators back to the drawing board until they get it right.

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The following table illustrates the differences between the Scott proposal and SB-1130 / HB1405 in their current state.

	Current FRS	Rick Scott Proposal	SB1130	HB1405
Accrual Rates	3% special risk 1.6% general + 3 others	2.0% special risk 1.6% all others	NO CHANGES to current plan	NO CHANGES to current plan
Participant Contributions	None	5% across the board	Tiered 0-$40K, 0 $40-$70K, 2% $70K+, 4%	3% across the board
Defined Contribution Plan	Offered, with few takers	Only option for new hires	Only option for new hires with starting salary > $75K	NO CHANGES
COLA	fixed 3% / year	Eliminated for accruals past July 2011 (protects current retirees and accumulated benefits)	NO CHANGES to current plan	NO CHANGES to current plan
DROP Program	Continue working for 5 years while pension accumulates, then lump sum	Eliminated after July, 2011	NO CHANGES to current plan	Eliminated after July, 2011

The following chart illustrates the effect the Scott proposal would have on the county budget, compared to the Senate and House bills. Maybe it is time for the taxpayers to remind our legislators why they were elected.

Group	Number of employees	Average Salary	Scott Proposal Savings	SB1130 Savings	HB1405 Savings
County Staff	5,731	$45.9K	$13.2M	-$0.3M	$9.1M
PBSO (general risk)	1,808	$53.0K	$4.8M	– $0.1M	$3.3M
Fire/Rescue (general risk)	208	$85.0K	$0.9M	$0.0M	$0.6M
Schools	20,986	$41.3K	$43.3M	-$1.1M	$30.1M
TOTAL (contr.)	32,147		$62.2M	-$1.5M	$43.1M
			Governor 2% accrual
PBSO special risk	2111	$77.7K	$20.3M	-$0.1M	$8.5M
F/R special risk	1303	$88.6M	14.3M	-$0.1	$6.0M
TOTAL (accr.)	3414		$34.6M	-$0.2	$14.5M
TOTAL (both)			$96.8M	-$1.7	$57.6M

NOTE: Assumptions are: 1) contribution savings = total payroll x contribution rate, 2) special risk accrual going from 3% to 2% would drop employer contribution from 23.25% to 15.5% over time (2/3). 3. Payroll is projected from 2009 data. Employer contribution rates from bill text used if available.

Today, the Taxpayer Won

4/1/11 Update: Wheelabrator has decided to protest the bid and will be heard at the SWA Board meeting on 4/13 at 9:00. They will have 45 minutes to make their case and B&W will have an equal time to rebut. See Agenda for more information.

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Low-cost bidder Babcock and Wilcox recommended by committee for SWA mass burn plant.

This afternoon at the Solid Waste Authority Visitor’s Center on Jog Road, the committee tasked with selecting one of the three responders to the Waste-to-Energy plant RFP met to pick a winner to recommend to the board. The three potential vendors are Babcock and Wilcox Power Generation Group (Barberton, Ohio), Covanta Energy (Spring Hill, Florida), and Wheelabrator Technologies (Hampton, New Hampshire). B&W team member BE&K operates the existing county burn plant and Wheelabrator operates one in Broward.

TAB has not been actively following the SWA budget, but when one of the teams representing a responder suggested we take a look at how the county was about to spend $800M (the bonds having been already sold), we decided to do a little research and attended the meeting.

Last month, the 7 member committee, which includes County Adminstrator Bob Weisman and Gardens City Manager Ron Ferris, scored the proposals on their technical merits, and today heard the cost side of things. Technical scoring evaluated 10 attributes and assigned scores out of 100, and considered the design, aesthetics, energy efficiency, operations and maintenance, as well as the amount of local hiring projected. Three members selected Covanta as their top choice, 2 for Wheelabrator, and one for Babcock and Wilcox, but it needs to be said that all vendors scored better than 90% in aggregate and there were no disqualifiers.

The financial attributes were analysed by a computer model created by SWA Consulting Engineer Malcom Pirnie, Inc., and used a net present value measurement to take into account energy production revenue and maintenance costs over 20 years as well as the costs of construction. Construction costs varied from a high of $830M (Covanta) to a low of $606M (Wheelabrator) – a wide spread given the closeness of the technical evaluations. On the NPV measurement though, Babcock and Wilcox was the clear winner as they actually showed a positive cash flow of $171M from energy sales and yielded a $20M/year operating cost versus $28M for Wheelabrator and $24M for Covanta. The calcuated NPV was: B&W: $500M, Covanta: $779M, and Wheelabrator: $626M.

Fifteen minute presentations by the three vendors were given prior to discussion, and both Joseph Threshler of Covanta and Jack Ristau of Wheelabrator spent their time arguing that B&W should be disqualified for violating the procurement rules. They accused their competitor with changing the corporate makeup of their team after the original Statement of Qualifications (SOQ) was decided, and that their performance bond did not meet the requirements of the RFP. They also brought up design differences where they thought B&W was inferior – namely the location of the plant’s superheater and the cladding in the lower level of the furnace. One even suggested that B&W’s own engineering handbook “Steam” suggested their design was flawed.

John Kitto of B&W put the matter to rest, stating matter of factly that each of the procedural issues had been resolved with the evaluation team. He also pointed out that if they had used the 2005 version of “Steam” instead of the 1992 edition, they would know that the thinking about the issues had changed.

Discussion and analysis by the Malcom Pirnie team supported Mr. Kitto’s contentions, and in their opinion, the proposals were so close in technical merit that the cost estimate made the choice of Babcock and Wilcox clear. The seven members of the committee agreed and voted unanimously to recommend Babcock and Wilcox to the SWA board at their April meeting. If the board (which is made up of the seven county commissioners) agrees, the contract could be signed as early as May 1.

TAB has not researched the arguments that led the board to proceed with acquisition of the burn plant, but it is supposed to greatly extend the life of the county landfill and generate significant energy as well. Picking the clearly lowest cost of the alternatives would seem to be the logical choice and if the board follows the committee’s advice the Taxpayers will win.

It would defy logic for the board to decide against the unanimous opinion of their committee, but of course that will be a political decision. The board has the ability to reopen the cost question with the vendors and re-negotiate (something the committee could not do under the procurement rules). There were a large number of IBEW union members in the audience but since there was no public comment it was not clear which vendor they preferred. We do know that other unions (carpenters and ironworkers) have protested the current plant operator (BE&K – part of the B&W bid team) because they had brought workers from out of state.

We look forward to following the board’s actions at their meeting on April 13.

Pension Reform and Implications for Palm Beach County

Highlights

• Governor’s FRS reform worth close to $100M / year to Palm Beach County (with schools included)
• Senate bill SB1130 implements only portions – reducing savings to about $30M
• Any change in special risk accruals are strongly opposed by the police and fire unions
• The legislature lacks the political courage to support the governor in these changes

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With the legislative session about to open, a battle is brewing over the Governor’s budget. (See “Budget Brawl set to get under way Tuesday” in the Sun Sentinel)

Extremely piqued over Scott’s rejection of the federal rail grants, which will likely stand now that the Supreme Court has rejected the legal challenge brought by Senators Altman and Joyner, the Senate is ready to rumble. How will the Governor’s budget fare? “Dead on Arrival” is how Budget and Tax Subcommittee Chair Ellyn Bogdanoff describes it.

The state budget affects those of the cities and counties in Florida, as grant money for things like transportation infrastructure and community services is cut. The most dramatic effect for Palm Beach County though would be in the area of pension reform. Unlike the cities, which mostly have their own pension plans, county employees, including PBSO, Fire/Rescue, as well as the employees of the school system participate in FRS – the state run Florida Retirement System.

Currently, FRS enrollees pay nothing to participate, accrue benefits at a rate of 1.6% for each year worked (3% for special risk classes such as police and fire), receive 3% cost of living increases every year they are retired, and can start collecting benefits after 30 years (25 years for special risk). The Governor has proposed requiring a 5% contribution, ending the cost of living adjustments, and reducing special risk accruals to 2% / year (for benefits accrued after July of this year).

When Governor Scott rolled out his template for FRS changes, we at TAB mapped them against the Palm Beach County workforce makeup (number of special risk enrollees, size of payroll, etc.) to estimate the financial impact to the county budget. Our estimate of approximately $55M (plus another $43M in the schools) assumed a 5% contribution by all employees, and a reduction in the special risk accrual rate from 3% to 2% for the approximately 2,100 PBSO and 1,300 Fire/Rescue employees in that class. Since any county savings from FRS changes may be offset by reductions in revenue sharing, it is not clear at this time what the net effect would be, but the budgeted appropriations for personal services would be significantly reduced. (See chart below)

Let’s put that number in perspective. In the coming fiscal year 2012, property valuations are expected to decline about 5%, while personal services costs are rising and federal and state grants are declining. The county estimates that the shortfall, if the millage were held flat (4.75 for the county-wide millage), will be in the $50-60M range – approximately the size of the savings that Scott’s FRS changes would bring.

Since that time, the county folks who track this stuff told us that the changes were unlikely to happen. They predicted (accurately as it has turned out so far) that the legislature will lack the political will to stand by the governor in such a radical change.

The Senate bill taking up FRS reform, introduced on February 15 by Senator Jeremy Ring (Democrat, Broward District 32), who chairs the Governmental Oversight and Accountability Committee, is SB1130, “Retirement”. A companion bill that addresses municipal pensions not covered by FRS is SB1128, “Public Retirement Plans” The companion house bill H0303 was withdrawn prior to introduction.

It should be noted that as of today the session has not begun and there are already 8 amendments to SB1130. It will remain a moving target and could possibly be improved as it moves through the committees.

SB1130 introduces an employee contribution component, but currently does not specify the percentage. (Several media reports have listed it at 2% but the bill is silent at this time.) COLA, special risk accruals, elimination of the DROP program and other aspects of the Governor’s proposals are noticeably absent from the bill. The bill does adopt the Governor’s proposal to close the defined benefit plan to new participants (in favor of a 401(a) type plan) after July of this year. The Sun Sentinel reported it thus: “Public employee unions, especially politically powerful police and firefighter groups, have strongly protested — and lawmakers seem to be listening”.

This table illustrates the differences between the Scott proposal and SB-1130

	Current FRS	Rick Scott Proposal	SB-1130
Accrual Rates	1.6% general 3% special risk	1.6% general 2% special risk	NO CHANGES to current plan
Participant Contributions	None	5% across the board	2% across the board
Defined Contribution Plan	Offered, with few takers	Only option for new hires	Only option for new hires
COLA	fixed 3% / year	Eliminated for accruals past July 2011 (protects current retirees and accumulated benefits)	NO CHANGES to current plan
DROP Program	Continue working for 5 years while pension accumulates, then lump sum	Eliminated after July, 2011	NO CHANGES to current plan

On Saturday, Senate President Mike Haridopolis visited a meeting of the grassroots group “DC Works for Us” in Coral Springs. During the Q&A, we asked him about this seemingly tepid response to the Governor’s reform proposals. In response, he said that the legislature does intend to pass FRS reform this year, with an employee contribution of “maybe 2-3%”, but when asked about the special risk accrual he replied that it was “not fair to cut back on something that was promised to our employees”.

We feel this answer is disingenuous, since the proposal is not a takeaway of existing benefits that have accrued, only a change to future accruals. Furthermore, since the original intent of special risk class was to allow employees in physically demanding jobs to retire at 25 years with equivalent pensions to 30 year normal retirees, a 2% accrual already exceeds that measure.

Since special risk applies mostly to police and fire, both of which have strong unions who operate very effectively in Tallahassee, it is clear that Florida is not Wisconsin – at least as far as the Senate is concerned. Since Senator Haridopolis has announced a bid for the US Senate, I guess it is not surprising that he doesn’t want to take on the PBA and IAFF.

The following chart illustrates the effect the Scott proposal would have on the county budget, and how very little of those savings have made it into the Senate bill. Maybe it is time for the taxpayers to remind our legislators why they were elected.

NOTE: Assumptions are: 1) contribution savings = total payroll x contribution rate, 2) special risk accrual going from 3% to 2% would drop employer contribution from 23.25% to 15.5% over time (2/3). 3. Payroll is projected from 2009 data.

Group	Number of employees	Average Salary	Governor 5% contribution	SB1130 2% contribution
County Staff	5,731	$45.9K	$13.2M	$5.3M
PBSO	3,919	$66.3K	$13.0M	$5.2M
Fire/Rescue	1,511	$88.1K	$6.7M	$2.7M
Schools	20,986	$41.3K	$43M	$17.3M
TOTAL (contr.)	32,147		$75.9M	$30.5M
			Governor 2% accrual	SB1130 no change
PBSO special risk	2111	$77.7K	$12.6M	0
F/R special risk	1303	$88.6M	8.9M	0
TOTAL (accr.)	3414		$21.5M	0
TOTAL (both)			$97.4M	$30.5