Legislation Details

File #: 24-1099   
In control: REQUEST TO SET FOR PUBLIC HEARING
Agenda Date: 9/5/2024 Final action: 9/5/2024
Title: MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on September 17, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider adoption of a proposed Resolution Amending the Broward County Administrative Code, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PORT EVERGLADES TARIFF NO. 12; AMENDING SECTION 42.25 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AMENDING TARIFF RATES AND REQUIREMENTS FOR VARIOUS ACTIVITIES AT PORT EVERGLADES; PROVIDING FOR GENERAL UPDATES TO TARIFF TEXT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.
Indexes: Established Commission Goals
Attachments: 1. Exhibit 1 - Resolution to Publish Notice of Publci Hearing (2024), 2. Exhibit 2 - Notice to Publish, 3. Exhibit 3 - Proposed Resolution Amending Tariff No. 12, 4. Exhibit 4 - Attachment A to Tariff No. 12 Resolution, 5. Exhibit 5 - Port Everglades FY25 Projected Revenue
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Joseph Morris

Department:                       Port Everglades                                          Division: Operations

 

Information

Requested Action

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MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on September 17, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider adoption of a proposed Resolution Amending the Broward County Administrative Code, the title of which is as follows:

 

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PORT EVERGLADES TARIFF NO. 12; AMENDING SECTION 42.25 OF THE BROWARD COUNTY ADMINISTRATIVE CODE (“ADMINISTRATIVE CODE”); AMENDING TARIFF RATES AND REQUIREMENTS FOR VARIOUS ACTIVITIES AT PORT EVERGLADES; PROVIDING FOR GENERAL UPDATES TO TARIFF TEXT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

 

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Why Action is Necessary

The Broward County Charter requires the posting of notice and a public hearing for adoption of amendments to the Broward County Administrative Code.

 

What Action Accomplishes

Enables the setting of a public hearing during which the Broward County Board of County Commissioners may consider adopting the proposed Resolution amending the Broward County Administrative Code pertaining to Port Everglades Tariff No. 12.

 

Goal Related Icon(s)

☒County Commission

☐Go Green

☐MAP Broward

 

Previous Action Taken

None

 

Summary Explanation/Background

THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

 

This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnership and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”

 

Port Everglades Tariff No. 12 (“Tariff”) provides the rules, regulations, and fees that govern the use of the facilities and services at Port Everglades that are not otherwise provided for in separate contractual agreements with Port Users. Port Everglades staff is proposing revisions to the Tariff that include increases in Tariff rates and revisions to certain Tariff provisions governing operations at the Port.

 

The proposed Tariff rate increases include approximately 3.0% for cargo, container, and petroleum dockage and wharfage; 3.0% for container crane rental and other marine services; 3.0% for grid yard areas used for temporary assignment of land within the Port not covered by a lease; and 3.5% for cruise dockage and wharfage. No rate increases are proposed for vessel or cargo security fees or for parking fees.

 

In addition to the proposed rate increases, the Resolution includes minor changes to several Tariff items to reflect current information or practice, or to delete outdated language.

 

Substantive changes are proposed for the following Tariff items:

 

•                     Consent to Terms of Tariff (Item No. 110):  Specific language is added that all Port Users agree to comply with all applicable laws, codes, advisory circulars, rules, regulations, and ordinances of any federal, state, county, municipal, or other governmental entity, as may be amended.

•                     Container Gantry and Mobile Harbor Cranes-Rules & Regulations (Item No. 705):  Language is added to better define the criteria for use of cranes for training, including a clarification that training does not include loading/unloading cargo from a vessel under the supervision of a qualified operator except for qualifications based on previous experience.

•                     Cargo and Cruise Passenger Statements for Wharfage and Statements for Other Franchised Activities (Item No. 915):  Existing language is modified to require that detailed ship’s manifest be provided only upon request within five (5) business days. The current requirement is that detailed manifests must be submitted for all voyages.

•                     Reporting of Hazardous Materials and Hazardous Waste Shipments (Item No. 1006):  The applicability of this item is expanded to include “hazardous waste” shipments in the existing reporting requirements for hazardous materials shipments through Port Everglades conditioned on compliance with applicable laws.

•                     Liquid Petroleum Pipeline and Cargo Hose Testing (Item No. 1051):  Language is modified to shift responsibility for scheduling testing from the Broward Sheriff’s Office, Department of Fire Rescue and Emergency Services, Fire Marshal’s Office at Port Everglades (BSO) to the terminal or equipment owner/operator, subject to approval by BSO.  Language is also added to authorize the use of pressure-recording wheels to document required pressure testing in lieu of witnessed testing if approved by BSO.

•                     Definitions (Item No. 1200): Language is added to define Hazardous Waste.

 

All proposed revisions to the Tariff would be effective as of October 1, 2024.

 

Source of Additional Information

Ricardo Charlton, Director of Operations, Port Everglades Department, 954-468-0218.

 

Fiscal Impact

Fiscal Impact/Cost Summary

The proposed Tariff increases have been budgeted and are projected to generate an estimated $3,009,220 in additional revenues in Fiscal Year 2025.  Approximately 35% of the Port’s projected revenue in Fiscal Year 2025 results from charges subject to the Tariff, with the remaining revenue governed by contracts (see Exhibit 5).