Subject:
Title
Approval of ballot language, legislative intent and permission to advertise a Save Our Indian River Lagoon Infrastructure Sales Surtax ordinance to place a referendum on the November 5, 2024 ballot, and re-negotiating the existing municipal interlocal agreement for the sales tax.
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Fiscal Impact:
No fiscal impact until 2027 and then only if the referendum is approved to be on the ballot by the Board and then is approved by the voters. There will be no impact to the general fund or other funds other than those collected through the proposed surtax if approved.
Dept/Office:
District 5 Commission Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners:
1. Review and approve ballot language (Attachment A) to place a referendum for a ten-year extension of the Save Our Indian River Lagoon Infrastructure Sales Surtax on the November 5, 2024 ballot;
2. Approve legislative intent and permission to advertise an ordinance amending the Brevard County Code, Article X, Save Our Indian River Lagoon Infrastructure Sales Surtax (draft ordinance is Attachment B);
3. Direct staff to amend to extend the existing municipal interlocal agreement regarding use and distribution of the sales tax and authorize the Chair to execute once negotiations are complete (current interlocal agreement is Attachment C).
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Summary Explanation and Background:
In January through March 2016, Brevard County residents endured the most extensive and intensive algal bloom ever recorded in the Indian River system during winter to spring months. The collapse of this bloom in March resulted in one of the most extensive fish kills ever recorded in the county. The 2016 bloom and fish kill followed a 2011 algal super bloom, brown tides in 2012, 2013 and 2015, and unusual mortality events for dolphins, manatees and pelicans.
On March 29, 2016, the Board of County Commissioners voted to send a letter to the Governor requesting assistance. The Governor sent the leadership of multiple state agencies to assess the fish kill and meet with County staff and members of the Legislative delegation to discuss solutions and resource needs. The County was advised to develop a project plan to include a comprehensive list of projects to restore lagoon health, estimate the funding needs for those projects and determine a timetable for implementation. With such a plan, the County would be in a better position to seek cost-share from the FL Legislature.
On April 7, 2016, the County Commission directed staff to develop a Save Our Lagoon Project Plan to restore health to the lagoon and explore dedicated funding mechanisms to fund the entire plan or provide the local match needed to leverage State appropriations and other grants.
On August 9, 2016, the Board of County Commissioners heard extensive testimony on the need for and economic benefits anticipated from establishing a trust fund dedicated to restoring health to the Indian River Lagoon. After considering multiple funding options, the Board voted unanimously to approve the initial Save Our Indian River Lagoon Project Plan, Legislative intent and permission to advertise an ordinance for a half-cent infrastructure sales tax for this purpose, authorized staff to negotiate an interlocal sale tax use and distribution agreement with cities representing a majority of the county’s municipal population, and approved ballot language.
On August 23, 2016, the Board of County Commissioners adopted the ordinance for a half-cent infrastructure sales tax to fund the implementation of the Save Our Indian River Lagoon Project Plan and to place a Referendum on the November 8, 2016, ballot for a half cent infrastructure sales tax and authorized the Chair to execute an interlocal sales tax use and distribution agreement with cities representing a majority of the County’s municipal population.
On November 8, 2016, the half-cent infrastructure sales tax was approved by a majority vote of the electors of Brevard County to be levied for the period of January 1, 2017, to December 31, 2026.
Interlocal sales tax use and distribution agreements were executed between the County and every city and town in the County, thus representing the entire County population. These agreements also specify the distribution of Basin Management Action Plan nutrient removal credits verified by the state for projects funded with the half-cent infrastructure sales tax.
The Save Our Indian River Lagoon Project Plan has been updated annually with changes recommended by a Citizen Oversight Committee and adopted by the County Commission. The Project Plan includes a portfolio of projects to Reduce primary sources of pollution (including excess fertilizer, septic systems, nutrient rich reclaimed water, and stormwater); Remove historical pollution that is now accumulated in muck deposits that smother seagrass, cloud the water column, release nutrients and deplete oxygen; Restore natural stabilization and filtration systems (including oyster bars and living shorelines); and a process to monitor project implementation, efficiency, and cost-effectiveness with a volunteer citizen oversight committee to Respond to monitoring data, new technology, changing conditions, alternative project proposals and recommend plan revisions to the County Commission annually. The projected cost of the adopted project plan is $585,714,326.
The current surtax expires December 31, 2026. While progress is underway, dedicated funding into the future will continue to position the County to leverage state and federal cost-share to plan and implement projects and programs that reduce and remove pollution, improve water quality, and restore fish and wildlife abundance and habitat in the Indian River Lagoon. If authorized by the Board of County Commissioners and approved by a majority of the electors of Brevard County voting in a referendum on the surtax, the surtax would be extended for a ten-year period commencing January 1, 2027 and ending December 31, 2036.
Clerk to the Board Instructions:
Upon approval by the Board, execution by the Chair, and attestation by the Clerk, file the ordinance with the Department of State as required by law within the 10-day deadline, provide copies to the Florida Department of Revenue, the Supervisor of Elections, and the Florida Office of Program Policy Analysis and Government Accountability in accordance with applicable law, and forward a copy of the ordinance to the County Manager’s Office, County Attorney’s Office and Natural Resources Management Department.