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The ordinance amendments presented attempt to clarify reporting timeframes and allow all activities to be performed early enough for the Department of Revenue to make the recalculated distribution of the proceeds September 1st of the same year as the recalculated distributions are reported. The net effect of the change will be to ensure annual recalculation of the gas tax distribution. The year 2001 recalculation would be effective September 1, 2001, thus superseding the Board's approval of the distribution percentages shown on the 2000 local option gas tax chart already sent to the state for the fiscal year 01/02. A second outcome of the October 13th meeting was to inquire whether the Department of Revenue can make the 2000 formula approved last August retroactive to September 1, 2000. That matter has not been resolved and would have implications for other municipalities besides Sebastian. RECOMMENDATION: Open the public hearing and after receiving public input, adopt the ordinance amending Section 209.04 of the Code of Indian River County "Disposition of Proceeds' of the Local Option Gas Tax Ordinance to clarify reporting timeframes and effective dates of recalculated distributions. Attorney Collins advised that he had just spoken with Virginia Gilbert, the Manager of Indian River Shores, who apologized she was unable to attend. She indicated that she was generally in favor of the more definite reporting time frames and supportive of the ordinance. He also spoke to the Department of Revenue with respect to the issue of whether the distribution could be made retroactive to last September l s`. They advised it was up to the parties to the Interlocal Agreements as to whether they want to attempt to make it retroactive or not. To do so would penalize the City of Vero Beach whose growth is not as rapid as the City of Sebastian's. The State will honor whatever the County and the municipalities agree upon. If an agreement cannot be worked out, the statutes provide for recalculation every 10 years based on the last 5 years transportation expenditures. So, it is to no one's advantage to break or drop the existing interlocal agreements. He recommended the public hearing be opened after which any adjustments they wish could be made. He suggested it is time to work together and see it as an effort to get a better reporting system with more timely distributions rather than try to go back and modify the interlocal agreements, which he March 20, 2001 168 BK117PG6L0