TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
RESOLUTION 07-04
A RESOLUTION OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO THE WIDENING AND RECONSTRUCTION OF PALM BAY ROAD AND THE FLORIDA DEPARTMENT OF TRANPORTATION WORK PROGRAM; MAKING FINDINGS; REQUESTING THE Florida Legislature, the Florida Department of Transportation AND the Florida Transportation Commission revise the tentative FLORIDA DEPARTMENT OF TRANSPORTATION WORK PROGRAM FOR FISCAL YEAR 2007/2008 THROUGH FISCAL YEAR 2011/2012; REQUESTING THAT THE FUNDING FOR THE PALM BAY ROAD WIDENING AND RECONSTRUCTION PROJECT BE RESTORED TO FISCAL YEAR 2007/2008; REQUESTING THAT CONSTRUCTION BEGIN IN FISCAL YEAR 2007/2008; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION.
WHEREAS, Palm Bay Road is within the incorporated boundaries of Palm Bay, West Melbourne and Melbourne, and the unincorporated area of Brevard County, and is under the jurisdiction of Brevard County. It serves major regionally-significant activity centers such as the Harris Corporation and provides critical access to I-95; and
WHEREAS, the widening of Palm Bay Road from four to six lanes from Robert J. Conlan Boulevard, NE to Minton Road (the “Project”), has been the top priority of the Brevard Metropolitan Planning Organization since 1999, design and right of way acquisition is complete, and funding for the construction of this Project has been included in the adopted FDOT work program since 2002; and
WHEREAS, the Florida Department of Transportation adopted work program for FY 2007 through 2011, as well as work programs adopted since 2002, includes approximately $36 million for the widening of Palm Bay Road (FM # 241221-2 and 241221-3); and
WHEREAS, the Florida Department of Transportation advised the affected local governments in August/September 2006 that the cost estimate for the project had increased by approximately $15 million; and
WHEREAS, as a result, the Brevard Metropolitan Planning Organization adopted Resolution 07-08 in November 2006, requesting the Florida Department of Transportation to work with the local governments to keep the Project intact and on-schedule, including a potential advance reimbursement agreement with local governments who allocate funds to cover the $15 million cost increase; and
WHEREAS, the Florida Department of Transportation subsequently published the tentative FY 2008 through 2012 FDOT work program which, if adopted, will defer this project approximately 5 years to FY 2012; and
WHEREAS, because the Project is proposed to move out five years, the Florida Department of Transportation has increased the amount of funding allocated from $36 million in FY 2007 to $68 million in FY 2012, apparently to cover further anticipated inflation in the cost of roadway construction; and
WHEREAS, the roadway is currently heavily congested and has resulted in many serious accidents, including death, in recent time; and
WHEREAS, the local governmental jurisdictions have relied upon previous years’ adopted work program to issue development orders that are consistent with state and local concurrency requirements pursuant to Section 163.3180, Florida Statutes, and to guide their own capital improvements programming; and
WHEREAS, as a result of statutory concurrency requirements, various property owners and developers who now may have their development plans scrapped or severely delayed due to the revised FDOT work program’s rescheduling of the Project may suffer serious financial repercussions; and
WHEREAS, the five-year delay in starting the project will have severe consequences including the following:
1. The undetermined legal ramifications of property owner/developer’s vested development rights that are no longer consistent with state and local concurrency requirements.
2. The severe congestion that exists today will continue to worsen, exacerbating the safety concerns that result from intense congestion such as the queuing of vehicles onto the mainline of I-95 at the off-ramps of the Palm Bay Road interchange.
3. Brevard County will have little choice but to invest $2.3 million of scarce transportation resources to resurface a roadway that will be widened in less than 10 years.
4. The cost of the widening project has grown to almost $70 million, which is approximately a 40% increase in the cost of constructing the project in 2007.
5. The undetermined status of the adopted work program as a document, which can be legally relied upon (as defined in the Florida Statutes) by local governments when making land development decisions.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part of this resolution as though fully set forth herein.
SECTION 2. The Indialantic Town Council urges the Florida Legislature, the Florida Department of Transportation and the Florida Transportation Commission to:
A. Direct FDOT to proceed with letting the entire project in FY 2007 as originally programmed for the past several years.
B. Restore funding for the Palm Bay Road project to at least the level included in the FY 2007 through FY 2011 adopted work program ($36 million).
C. Program sufficient funds ($15 million) in FY 2012 to reimburse local governments for investing in the project.
D. Direct FDOT to consider alternative and innovative financing for the project that would allow the project to proceed in FY 2007 – which may include financing the project based on the $68 million now programmed in FY 2012.
SECTION 3. This resolution shall take effect immediately upon its adoption.
SECTION 4. This resolution was duly adopted at a regular meeting of the Town Council on the _____ day of __________, 2007.
BY:
Robert L. Cochran, Jr., Mayor
ATTEST:
Laura Eaton, CMC
Town Clerk