THE TRANSPORTATION DEPARTMENT AND COUNTY ADMINISTRATION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
At the County Commission Retreat, March 6th and 7th, 2017, an updated Commission Strategic Plan was developed with elements related to the motion statement and overall content of this item, specifically: the Value of "[C]ooperatively delivering an efficient and accessible regional intermodal transportation network" and the attendant Goals to "[A]ctively seek, through an effective marketing plan, a full penny transportation surtax in 2018 to support a world-class intermodal transportation system including: a robust a reliable transit level of service, rail, intersection reconfiguration, adapative signalization and congestion relief" and also to "[S]upport the development, design and construction of sustainable multi-modal transportation facilities throughout the County, to meet the demands of residents, travelers, and businesses."
May-August 2017, County and Florida Department of Transportation, District 4 (FDOT) staff worked with external transportation consultants to review transportation planning documents, including, but not limited to: the County's Transit Development Plan (TDP), the Metropolitan Planning Organization's (MPO) Long-Range Transportation Plan (2040 Plan), the State's Five-Year Work Program, the 2016 surtax initiative plans (both Infrastructure and Transportation), as well as planning materials from other jurisdictions that have successfully implemented similar initiatives. The group developed a comprehensive draft regional mobility plan, inclusive of 586 municipal projects from the 2016 ballot initiative, deemed eligible under 212.055(1)(d), F.S. On October 31, 2017, the Board conducted a Workshop to review the elements of the Draft Proposed Plan for Regional Mobility & Transportation Enhancements (Proposed Plan) intended to align with the Board's aforementioned Value and Goals. Direction provided by the Board was incorporated into the next version of the Proposed Plan. On November 9, 2017, County staff presented an overview of the Proposed Plan at the MPO's 40th Anniversary Meeting and received feedback from MPO Board members. On December 12, 2017, County and FDOT staff presented a second workshop providing clarifications and highlighting changes to the Proposed Plan requested by the Board. February 1, 2018, County staff and the Mayor were asked to present the Proposed Plan to the Broward League of Cities. Also beginning in February, requests that municipalities review and confirm previous, or resubmit new, projects were made via email. County staff offered to meet with municipal staff to refine projects throughout the spring and summer of 2018 and many cities initiated such discussions. Between May and July 2018, resulting from community rejection of the Wave Streetcar project, the Proposed Plan's rail component required substantial revisions to revenue and expenditure assumptions. Beginning in early June, written requests for final review and confirmation were sent to each municipal manager with a listing of all proposed projects (both city and county) within the jurisdictional boundaries. On June 5, 2018, Item No. 74, the Board adopted a Resolution placing the transportation surtax language on the November 6, 2018 ballot and also held a Public Hearing on the proposed Ordinance levying a 1% Transportation Surtax for 30 years. Section 311/2-71, et seq., Broward County Code of Ordinances creates a trust fund to maintain surtax proceeds separate from general revenues and also details the composition of an independent appointing authority and oversight board. A seven-member appointing authority, comprised of community organization representatives is tasked to nominate and appoint a nine-member oversight board, representing a variety of professional categories.
The June 5, 2018 action formalized the Board's desire to have the MPO actively participate in the process of rating, ranking, and prioritizing municipal projects. The County had been submitting the County's Proposed Plan projects to the MPO through its 2045 Call for Projects (MTP 2045) process; however, as a result of the Board's action, the County also began submitting municipally-requested Proposed Plan projects to the MPO. County and MPO staff met multiple times to review project submissions through the MTP 2045 Call for Projects, as well as to the Proposed Plan. The group began the process of evaluating where each project would be best situated for success; whether through the MTP 2045 Plan, the MPO's Complete Streets and Localized Initiatives Program (CSLIP), a combination of federal, state and/or surtax funds, or using surtax funds only. Based on these discussions, the Proposed Plan's financial elements were finalized and submitted as part of the OPAGGA audit process. Municipal partners, at their request, were permitted to continue swapping out projects, as long as there was no financial impact to the Plan, throughout August and early September.
The results of the OPAGGA audit revealed no material deficiencies and confirmed the County's commitment to financial and operational controls, the Proposed Plan's alignment with strategic and performance goals, and effective delivery of transportation projects. The audit did suggest opportunities for additional transparency and workload evaluation protocols should the ballot initiative be successful.
On August 21, 2018, Item No. 1, the Board held a special meeting to approve an Interlocal Agreement among the County, MPO and municipalities creating a 10% minimum annual funding guarantee for municipal projects. Exhibit A to the Item included the 30-Year Financial Summary and a detailed year-by-year plan indicating the Board's intent, in good faith, to distribute $2,700,000,000 in surtax proceeds for "City Projects"; $100,000,000 for "City Project Contingency", and; $539,665,526 for "Direct Funding of Community Shuttle Capital and O&M". In furtherance of the audit's suggestion for additional public transparency of the proposed use of surtax funds, the County has continued upgrading its website dedicated to the Proposed Plan and has acquired a simpler address: www.PennyForTransportation.com. As required by law, the results of the full OPPAGA audit are also posted to the website. Tabs on the site allow the public to view the full 30-year financial plan (Exhibit 1 and 1A), utilize an interactive webmap to see the details of every project in the Proposed Plan, as well as to view maps and bulleted summaries of roadway, city-specific, and transit-related projects proposed within each municipal boundary. A summary of projects within the Proposed Plan, by category, is attached as Exhibit 2.
The Board's action on this Item accepts the Proposed Plan, and all of its existing elements, as final, until, should the initiative be successful, the annual application process through the MPO begins. Any additional projects or changes to the Proposed Plan after the Board acts are subject to the application, eligibility review, and prioritization codified in Section 311/2-71, et seq., Broward County Code of Ordinances.
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Financial forecasts and assumptions have been reviewed and evaluated by independent, external transportation consultants, as well as the State of Florida's Office of Program Performance and Government Accountability (OPPAGA); however, it should be noted that the actual fiscal impact is unknown.
The total expected revenues generated by the additional 1% sales tax dedicated to eligible transportation projects (per Sec. 212.055(1)(d), F.S.) is $15,629,448,616. Of that, $3,339,665,526 is allocated for municipal projects, including City Community Shuttle programs and contingency; $4,082,679,210 is allocated for County transportation capital; $7,246,689,328 is allocated for eligible County transportation operations and maintenance programs; $960,414,552 is allocated across the 30-year plan horizon for County project contingency, and; 5% or $781,472,431 is unbudgeted per Florida Statute. The State withholds three percent of annual discretionary sales surtax revenue prior to disbursement to a County. Should the ballot initiative be successful, resources required to complete the annual ranking, rating, and prioritization process, as well as to provide reasonable staffing and consultation services to the Oversight Committee as contemplated in the authorizing ordinance, will be taken from the County's annual project contingency funds.
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