TOWN OF I N D I A L A N T I C

Brevard County, Florida 32903

RESOLUTION NO. 07-05

 

A RESOLUTION OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO THE APOLLO ROAD EXTENSION PROJECT AND THE FLORIDA DEPARTMENT OF TRANSPORTATION WORK PROGRAM FOR FISCAL YEAR 2007/2008 THROUGH FISCAL YEAR 2011/2012; MAKING FINDINGS; REQUESTING THE Florida Legislature, the Florida Department of Transportation AND the Florida Transportation Commission RESPOND TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FISCAL YEAR 2007/2008 THROUGH FISCAL YEAR 2011/2012 TENTATIVE WORK PROGRAM BY REINSTATING STATE FUNDING FOR THE apollo boulevard extension AND PROPOSING INNOVATIVE FINANCING APPROACHES FOR TIMELY PROJECT COMPLETION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION.

 

WHEREAS, the extension of Apollo Boulevard from Sarno Road over and across the Eau Gallie River and connecting to the intersection of Eau Gallie Boulevard and Commodore Boulevard (the “Extension” or “Project”) has been proposed for decades; and

 

WHEREAS, the Apollo Boulevard Extension is within the incorporated boundaries of the City of Melbourne, and will provide a needed alternative parallel travel route to a congested segment of US 1, which has the highest traffic count of any non-interstate roadway in Brevard County and cannot be widened beyond its current six lanes; and

 

WHEREAS, the Apollo Boulevard Extension has been in the planning stages since at least 1985 and has been the number two priority of the Brevard Metropolitan Planning Organization since 2004 and design is now underway; and

 

WHEREAS, the Florida Department of Transportation began design of the Extension in December, 2005, and included in the FY 2007 through 2011 adopted work program approximately $15.5 million for construction of the Extension in FY 2011 (FM # 241241-1); 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; and

 

WHEREAS, the Florida Department of Transportation subsequently published its tentative FY 2007/2008 through 2011/2012 work program which, if adopted, will defer this Project to an unidentified year beyond 2012; and

 

WHEREAS, the Apollo Boulevard Extension is off the State Highway System and local governments are required to supply a 12.5 percent cost of the Project as a local match, which the City of Melbourne has agreed to provide; and

 

WHEREAS, because the Project is proposed to move out beyond the five years of the tentative work program, FDOT has not disclosed what the future Project cost may be and the City of Melbourne cannot, therefore, determine the amount or date of its future match obligation; and

 

WHEREAS, the benefiting roadway (U.S. 1) is currently congested and the local jurisdictions have relied upon previous years’ adopted work program to issue development orders that are consistent with state and local governmental concurrency requirements pursuant to Section 163.3180, Florida Statutes, and Chapter 3, Appendix D, Melbourne City Code, and to guide their own capital improvements programming; and

 

WHEREAS, Florida Department of Transportation officials have not contacted Melbourne directly to discuss the impacts of the FDOT proposal or to explore other funding options including the possibility of an advance reimbursement agreement for all or part of the Project cost; and

 

 

 

 

WHEREAS, the unspecified delay in starting the Project will have severe consequences including the following:

 

1.         The undetermined legal ramifications of 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.

 

3.         The increased difficulty the City of Melbourne will have in developing a cost-feasible Capital Improvements Plan, as required by state law, when the level of local match required for this Project cannot be specified.

 

4.         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, 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.        Restore funding for the Apollo Boulevard Extension Project to at least the level  included in the FY 2007 through FY 2011 adopted work program (construction at $15 million); and

 

B.         Meet directly with City of Melbourne officials to explain the reasons for the proposed rescheduling of the Project and to discuss alternative or innovative Project financing that could allow the Project to proceed in FY 2011 as initially proposed.

 

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