Murman: Transportation Surtax Allocations Could Hurt South County

TAMPA, FL — By a slim margin, Hillsborough County commissioners voted to sanction spending allocations for the 1-cent transportation surtax as outlined in the referendum approved by 56.3 percent of voters in November.

The 4-3 vote this week gave county staff approval to move forward with spending the tax money that will be divvied up among the county, the cities of Tampa, Temple Terrace and Plant City, the Hillsborough Area Regional Transit Authority and the Hillborough County Metropolitan Planning Organization.

In June 2018, All For Transportation, a grassroots organization with some big-money backers, decided to do what the county commission failed to do twice — place a referendum on the general election ballot asking voters if they wanted a 1-cent tax to fix the county's aging, congested transportation system.

The question on the Nov. 6 ballot seemed straight forward enough. Voters were given a summary of the referendum asking if they wanted to amend the county charter "to enact a 1-cent sales surtax levied for 30 years and deposited in an audited trust fund with independent oversight" to make transportation improvements funded throughout Hillsborough County including Tampa, Plant City, Temple Terrace, Brandon, Town N' Country and Sun City Center.

The ballot question stated the 1-cent tax would fund projects including:

• Improve roads and bridges,
• Expand public transit options,
• Fix potholes,
• Enhance bus services,
• Relieve rush hour bottlenecks,
• Improve intersections, and
• Make walking and biking safer.

But some commissioners doubt that voters read the fine print before casting their ballots. The full text of the charter amendment submitted by All For Transportation didn't appear on the ballot.

"There was no mention of allocations, formulas and buckets in the charter amendment (ballot language)," Commissioner Ken Hagan said. "And I know 280,000 people (the number who voted for the amendment) didn't read all four pages and nine subsections. This simply did not happen. You can't convince me that the average voter knew every allocation and bucket when they voted."

Hagan believes it should be elected officials, not an ad-hoc special-interest group, that decide how the tax money should be spent.

The charter amendment allocates 54 percent of the tax revenue to the county and its three incorporated cities, 45 percent to HART to enhance the bus system and 1 percent to the MPO for planning future road improvements.

The amendment further breaks down how the revenue should be spent.

Twenty percent must be spent on projects that improve, repair and maintain existing streets, roads and bridges, including fixing potholes.

Twenty-six percent must be spent to relieve rush-hour bottlenecks and improve the flow of traffic on existing roads and intersections. This includes new technology to increase an intersection's capacity and the redevelopment of existing intersections. However, the money can't be used to add lanes to roads.

Twenty-seven percent must go to safety improvements on existing streets, roads and bridges.

At least 12 percent must fund bicycle or pedestrian improvements that make walking and biking safer.

The remaining funds can be spent by recipients on "any project to improve public transportation," according to the wording of the amendment.

Any changes to these percentages would require 75 percent approval by the Transportation Surtax Independent Oversight Committee, whose members are appointed by the participating agencies. If two-thirds of the committee feels an agency has not complied with the terms of the charter amendment, the distribution of surtax money to that agency can be suspended.

Hagan said the funding structure limits the county's ability to make needed transportation improvements, including road expansions.

"There are limitations to this initiative," he said. "It's not too late to make changes and not rubber stamp this amendment."

Commissioner Sandra Murman agreed, saying the allocations would limit the county's ability to make desperately needed road improvements in south Hillsborough County.

"We have to be cognizant of how these percentages will affect every citizen in the county. We have very diverse needs," she said. "People who supported this referendum knew nothing about these buckets."

County Commissioner Stacy White filed a lawsuit shortly after the referendum was approved, asserting that it violates the state constitution. White, moreover, believes the wording of the ballot was deceptive because it specifies that funds will go to improving roads in Brandon, Town n' Country and Sun City Center when, in fact, there are no guarantee these unincorporated communities will receive any of the transportation funds.

In June, Hillsborough County Circuit Court Judge Rex Barbas upheld the legality of the charter amendment but added that the allocations should be the decision of the county.

"I think that was the intent of Rex Barbas' ruling," said Murman. "He was telling us to get creative."

As outlined in the charter amendment by All For Transportation, the bulk of the surtax funds have to be spent on existing road issues, not the future improvements needed in south county, she noted.

Under the formula in the amendment, the county will only receive about $16 million for south county road improvements, she said.

"South county is a nightmare. There's been a lot of development in south county and there's more coming. There are developments that have been on the books for years so the congestion is going to continue," she said. "Big Bend Road and Apollo Beach Boulevard have to be funded now. Otherwise, there's going to be tar and feathers in this board room. These people will not stand for it for one more day. Sixteen million will not do everything that needs to be done."

She said there are equally dire needs in Brandon and Westchase.

"We have roads to fund in incorporated Hillsborough, which pays 74 percent of the taxes," she said. "We shouldn't have to raise the millage rate to pay for future transportation needs. This was supposed to pay for them."

She urged the commission to delay voting until staff had a chance to bring back a plan to fund roads in these problem areas of the county.

"There’s a way to make this work for us, but we’re going to have to work together," she said.

"What’s the big hurry," asked White, reiterating Murman's plea to delay voting. "Let the dust settle and the legal process wrap up. Why July? Why not October? The charter amendment doesn’t even contemplate spending these funds until 2020."

Commissioner Kim Overman accused Murman of making it sound as if approving the surtax allocations would mean some transportation issues won't be addressed.

"Nothing could be further from the truth," she said. She suggested that the county raise fuel taxes as an option. "We need to look at how we implement the resources at our fingertips."

Commissioner Mariella Smith disagreed that voters weren't aware of the allocations when they cast their ballots last November.

"So I reject the argument that voters did not know what they were voting for," she said. "I reject the argument that spending the money the way it is addressed in the referendum will mean we won't be spending money in south county. I live in south county. I'm committed to addressing transportation problems, and we're going to make sure that happens equitably and fairly. I reject the fear mongering that, if we do this, we’re going to have to raise taxes. We will all be fiscally responsible and address the transportation needs in south county."

Commissioners Les Miller, Pat Kemp, Smith and Overman voted to approve the allocations. Hagan, White and Murman voted against the measure.