Broward County Commission Regular Meeting


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AI-29353 81.       
Meeting Date: 06/11/2019  
Director's Name: Bertha Henry
Department: County Administration  

Information
Requested Action
MOTION TO APPROVE First Amendment to the Transportation Surtax Interlocal Agreement (ILA) among the County, the Broward Metropolitan Planning Organization (MPO) and 30 Municipalities, executed by the County on August 29, 2018, to remove municipal projects involving rehabilitation and maintenance of existing transportation facilities; clarify eligible project definitions, and; to conform ILA to certain substantive provisions established pursuant to the later-developed agreement with the MPO.

(Per the Tuesday Morning Memorandum, the following statement should be added to the end of the Motion Statement:  "And authorize the Mayor and Clerk to execute same."

(Transferred to the Consent Agenda.)

ACTION:  (T-10:51 AM)  Approved.

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.
Why Action is Necessary
Interlocal Agreements of this type require Board approval.
What Action Accomplishes
Aligns ILA with existing processes and agreements; includes elements requested by municipalities and the MPO.
Is this Action Goal Related
Previous Action Taken
August 21, 2018, Item No. 1.
Summary Explanation/Background
THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENTS, AS WELL AS COUNTY ADMINISTRATION RECOMMEND APPROVAL.

This action is in furtherance of the Board's Value: "Cooperatively delivering an efficient and accessible regional intermodal transportation network" and the attendant Goals: "Provide a safe, sustainable, integrated and efficient transportation system to enhance Broward County’s economy and livability"; "Support the development, design and construction of sustainable, multi-modal transportation facilities throughout the County, to meet the demands of residents, travelers, and businesses."

On August 21, 2018, the Board of County Commissioners added an action item to a Commission Workshop to allow the Board to approve an interlocal agreement governing the distribution of surtax proceeds and establishing a framework for prioritizing municipal projects. Then-Mayor Furr brought forth the item as a way to solidify municipal support for the November 2018 transportation surtax referendum, by creating a minimum annual revenue guarantee for municipal projects of 10%. The ILA also defined eligible municipal project categories and identified the Broward MPO as the entity responsible for prioritizing municipal projects contained in the Plan. The ILA would only become effective upon municipalities representing at least 50%=1 of the total County population approving it by September 30, 2018. The ILA became effective, as it was approved by 29 of 31 municipalities in 2018, with an additional municipality, Parkland, approving it in 2019.

The First Amendment accomplishes the following:
  1. Clarifies the definitions of eligible municipal projects;
  2. Amends the date municipal project prioritization by surtax-funded MPO staff must be completed from February 2020 to March 2020 to acknowledge delay in completing ILA negotiations;
  3. Recognizes the parties' intent to create a five-year plan that will include all proposed projects funded wholly or in part with surtax proceeds, by July 2020;
  4. Removes MPO's responsibility for prioritizing rehabilitation and maintenance projects allowing those projects to potentially be funded earlier in the 30-year program; and
  5. Other necessary alignments with ILA between the County and MPO approved by the Board of County Commissioners April 16, 2019, Item No. 49.
The First Amendment (Exhibit 1) was distributed to County's city managers, MPO, and Broward League of Cities. Two municipalities contacted the County with questions (Sunrise and Coconut Creek), which were addressed and did not result in any changes to the ILA's content. 

The First Amendment was prepared by the Office of the County Attorney. Municipalities and the MPO have been advised that the item will be considered by the County Commission on June 11, 2019. We have requested their respective Boards consider the item no later than September 30, 2019, since action will affect the scope of the MPO's prioritization process, as well as its deadline for completing same. As executed agreements are received and tabulated based on representative population, the Board will be alerted once municipalities representing at least 50%+1 of the County's total population have acted favorably.
Source of Additional Information
Gretchen Cassini, Assistant County Administrator, (954) 357-7579
Angela Wallace, Deputy County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
None.
Attachments
Exhibit 1 - 1st Amendment Multiparty Surtax ILA


    

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