Broward County Commission Regular Meeting


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AI-24996 19.       
Meeting Date: 09/26/2017  
Director's Name: Steven Cernak
Department: Port Everglades Division: Operations

Information
Requested Action

MOTION TO CONSIDER adoption of a Resolution No. 2017-442 Amending the Administrative Code, the title of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PORT EVERGLADES TARIFF NO. 12; AMENDING SECTION 42.25 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-10:45 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 6-0.  Commissioner LaMarca and Mayor Sharief were not present during the vote.  Commissioner Ryan was not present. 

Why Action is Necessary

The Broward County Board of County Commissioners must approve all changes to the Administrative Code and Port Everglades Tariff.

What Action Accomplishes
Authorizes changes to the Broward County Administrative Code and Port Everglades Tariff.
Is this Action Goal Related
Previous Action Taken
A Resolution directing the County Administrator to publish Notice of Public Hearing relating to these proposed changes was adopted by the Board on September 14, 2017 (Item No. 15).
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

This item supports the Broward County Board of County Commissioners' Value of "Ensuring economic opportunities for Broward's diverse population and businesses" and Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."

Port Everglades Tariff No. 12 (Tariff) provides the rules, regulations, and fees that govern the use of the facilities and services at the Port. As required by the Federal Maritime Commission, the Tariff is published on the Internet.

The Port Everglades Department held its annual meeting with Port tenants and users on July 18, 2017, to review the Department's Fiscal Year 2016 financial results, proposed capital and operating budgets for Fiscal Year 2018, and proposed Tariff changes. Port staff indicated the intent to seek Board approval of Tariff rate adjustments effective on October 1, 2017, corresponding with the commencement of the new Fiscal Year. Requested rate increases include approximately 3.5% for cargo, container, and petroleum dockage and wharfage; 3.5% for cruise dockage and wharfage; 3.5% for container crane rental; 3.5% for temporary assignment of land; and 3.5% for marine services. No rate increases are proposed for cargo security fees and garage and surface lot hourly parking rates.

In addition to the rate increases noted above, a number of additional changes to the Tariff are proposed:

Tariff Item No. 600 provides for specified periods of free time where certain import or export cargoes can be stored on designated port land without charge before loading or after offloading from a ship to facilitate transit. The period of this free time is based on the volume of cargo offloaded at the Port. In an effort to encourage the more timely delivery of imported steel and lumber non-containerized cargoes from the Port, Port staff is proposing to reduce the period of free time. This change is intended to ensure that the limited land available for these commodities on the port is used more efficiently, thus creating the potential for additional shipments through the port.

Tariff Item No. 630 establishes the rates for cargoes stored at the port beyond the allowable free time. To further encourage the prompt movement of such cargoes off the port, the current flat rates for storage for lumber and steel import cargo would be replaced by a three-tiered storage rate that would increase every 12 days until reverting to daily demurrage rates after 36 days.

Tariff Item No. 905 establishes finance charges and late fees for payments received after the due dates. In some cases, the late payments result from unforeseen circumstances beyond the direct control of the port user. In order to be able to take these circumstances into account, the proposed Tariff change would authorize the Chief Executive to waive late fees and finance charges in instances of extenuating circumstances in an amount not to exceed $5,000. Any waiver of charges and fees above that limit will require approval by the Board.

Tariff Item No. 1120 establishes overtime charges for use of port facilities outside of recognized working hours, however the scope of that item currently only applies to cruise terminals and transit sheds. Port staff have increasingly received requests from port users to use the Port Administration Building Auditorium or Main Conference Room on evenings and weekends for training or other business reasons. Since the port incurs additional electricity and other similar costs from such use, the proposed Tariff change would establish a new hourly fee of $25 for use of these facilities during those time periods. Any additional staffing required because of that use would be covered by existing rates in Tariff Item No. 1110.

As shown in Exhibit 2, only a portion of revenue at the Port is tied directly to the Tariff rates. Of the $158,837,140 in projected Fiscal Year 2018 revenues, approximately 37% is from port user charges based on Tariff rates. The remaining 63% of revenue is based on contractual agreements with cruise lines, marine terminal operators, and leases.
Source of Additional Information
Robert J. Flint, Director of Operations, Port Everglades, 954-468-0218

Fiscal Impact
Fiscal Impact/Cost Summary:
Tariff adjustments have been budgeted and are projected to generate $3,050,000 in additional revenues in Fiscal Year 2018.
Attachments
Exhibit 1 - Tariff Amendment Resolution
Exhibit 2 - Revenue Projected for Fiscal Year 2018


    

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