Broward County Commission Regular Meeting


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AI-26860 52.       
Meeting Date: 05/22/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO ADOPT Resolution No. 2018-243 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, June 5, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, RELATING TO THE CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM SALES SURTAX ("TRANSPORTATION SURTAX"); REPEALING AND REPLACING BROWARD COUNTY ORDINANCE NO. 2016-32 RELATING TO ARTICLE V OF CHAPTER 31½ OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"), FOR THE PURPOSE OF LEVYING, SUBJECT TO APPROVAL BY REFERENDUM, A ONE PERCENT (1%) TRANSPORTATION SURTAX FOR A PERIOD OF THIRTY (30) YEARS; CREATING A SEGREGATED TRUST FUND INTO WHICH ALL TRANSPORTATION SURTAX PROCEEDS SHALL BE DEPOSITED; PROVIDING FOR THE ESTABLISHMENT OF AN INDEPENDENT TRANSPORTATION SURTAX OVERSIGHT BOARD TO OVERSEE THE USE OF ALL TRANSPORTATION SURTAX PROCEEDS; AND PROVIDING FOR AMENDMENTS, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)
 
ACTION:  (T-2:35 PM)  Following public comments and Board discussion, on motion of Commissioner Ryan, seconded by Commissioner Holness and unanimously carried, the Board approved the amendments presented in the Yellow-Sheeted Additional Material #52(1), dated Tuesday, May 22, 2018, submitted at the request of Commissioner Ryan.  (Refer to minutes for full discussion.)  

VOTE: 7-0.  Vice-Mayor Bogen was not present during the vote.  Commissioner Sharief was not present.

ACTION:  (T-4:11 PM) Following Board discussion, on motion of Commissioner Ryan, seconded by Commissioner Holness and unanimously carried, the Board approved the amendment presented in the Yellow-Sheeted Additional Material #52(2), dated Tuesday, May 22, 2018, submitted at the request of Commissioner Ryan.  (Refer to minutes for full discussion.)  

VOTE: 7-0.  Vice-Mayor Bogen was not present during the vote.  Commissioner Sharief was not present. 

ACTION:  (T-4:14 PM)  Approved, as amended, with the Yellow-Sheeted Additional Materials #52(1) and #52(2), dated Tuesday, May 22, 2018, submitted at the request of Commissioner Ryan.  (Refer to minutes for full discussion.)  (Scrivener’s Error - See County Administrator’s Report: Exhibit 2, Page 5, Line 1 currently reads: (8) One former city of county manager; should read: (8) One former city or county manager.)  (See the Yellow-Sheeted Additional Material, dated Tuesday, May 22, 2018, submitted at the request of The Office of the County Attorney.) 

VOTE: 7-0.  Vice-Mayor Bogen was not present during the vote.  Commissioner Sharief was not present. 
Why Action is Necessary
The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of March 20, 2018.
What Action Accomplishes
Levies a one percent (1%) Transportation Surtax, subject to approval by referendum at the General Election on November 6, 2018.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
Section 212.055(1), Florida Statutes, provides for the levy of a Transportation Surtax, at a rate of up to one percent (1%), by enactment of an ordinance by a majority of the members of the Board of County Commissioners ("Board"), subject to approval by a majority of the electors of Broward County voting in a referendum election.

The Transportation Surtax Ordinance ("Ordinance"), if enacted, would levy a one percent (1%) Transportation Surtax for a period of thirty (30) years, from January 1, 2019, through December 31, 2048, subject to approval by referendum on November 6, 2018. The Ordinance creates the Broward County Transportation Surtax Trust Fund into which all Transportation Surtax proceeds are required to be deposited. In addition, the Ordinance establishes an independent Transportation Surtax Oversight Board that will review and approve all proposed expenditures of Transportation Surtax proceeds to ensure consistency with the requirements of Section 212.055(1), Florida Statutes. If this item is approved, a separate resolution to place the required ballot measure on the November 6, 2018, ballot will be placed for the Board's consideration on its June 5, 2018, agenda.
Source of Additional Information
Angela J. Wallace, Deputy County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget will be distributed as additional material.
Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing
Exhibit 2 - Copy of Proposed Ordinance
Additional Material - Information
Additional Material - Information
Additional Material - Information


    

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