Broward County Commission Regular Meeting


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AI-27023 64.       
Meeting Date: 06/05/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action

MOTION TO CONSIDER enactment of an 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)


(Per the Tuesday Morning Memorandum, Items 64 and 74 are to be heard concurrently.)

ACTION:  (T-12:00 PM)  Following Board discussion, the Board approved the amendments presented in Pages 5 and 6 of the Purple-Sheeted Additional Material #64(2), dated Tuesday, June 5, 2018, submitted at the request of Mayor Furr.  (Refer to minutes for full discussion.)

VOTE: 6-0.  Commissioner LaMarca was not on the dais during the vote.  Commissioners Geller and Sharief were not present.

ACTION: (T-12:24 PM)  Following Board discussion, on motion of Commissioner Udine and seconded by Commissioner Holness, the Board approved, as amended, the Purple-Sheeted Additional Material #64(2), dated Tuesday, June 5, 2018, (Pages 7 and 8) submitted at the request of Mayor Furr, allowing municipalities to submit projects for consideration directly to the County Commission after February 1 and amending wording on Page 8 to “ ...and any project ranking provided by the Broward MPO”.  (Refer to minutes for full discussion.)

VOTE: 6-1.  Vice-Mayor Bogen voted no.  Commissioners Geller and Sharief were not present.

ACTION:  (T-12:51 PM)  On motion of Commissioner Holness and seconded by Commissioner Udine, the Board approved the amendments presented in the Purple-Sheeted Additional Material #64, dated Tuesday, June 5, 2018, submitted at the request of the Office of the County Attorney.  (Refer to minutes for full discussion.)

VOTE: 6-1.  Vice-Mayor Bogen voted no.  Commissioners Geller and Sharief were not present.

ACTION:  (T-12:51 PM)  Filed proof of publication and enacted the Ordinance, as amended, to become effective as provided by law.  (Refer to minutes for full discussion.)

VOTE: 6-1.  Vice-Mayor Bogen voted no.  Commissioners Geller and Sharief were not present.

Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of May 22, 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 on the ballot measure 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)(d), Florida Statutes.

The Ordinance has been revised to include the amendments approved by the Board on May 22, 2018. In addition, previous references to Section 212.055(1)(d)4., Florida Statutes, which had been included in Section 31½-75(i) of the proposed Ordinance, have been broadened to clarify that any statutorily permitted projects may be considered and approved by the Oversight Board and not merely those stated in subsection (1)(d)4. of the statute.

A resolution to place the required ballot measure on the November 6, 2018, ballot will also be considered by the Board on June 5, 2018.
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 is attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
Additional Material - Information
Additional Material - Information


    

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