HomeMy WebLinkAboutResolution 2007-03RESOLUTION NO. 2007.03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL., BREVARD COUNTY, FLORIDA,
SUPPORTING THE WIDENING AND RECONSTRUCTION OF
PALM BAY ROAD AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION 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 2007/2408 THROUGH FISCAL
YEAR 200712008; REQUESTING THAT THE FUNDING FOR
THE PALM BAY ROAD WIDENING AND RECONSTRUCTION
PROJECT BE RESTORED TO FISCAL YEAR 2407/2008;
REQUESTING THAT CONSTRUCTION BEGIN IN FISCAL
YEAR 2007/2008; PROVIDING FOR AN EFFECTIVE DATE.
,WHEREAS, Palm Bay Road is within the incorporated boundaries of Palm Bay, West
Melbourne and Melboume, and the unincorporated area of Brevard County, and is under the
jurisdiction of Brevard County and serves major regionally- significant activity centers such as
the Harris Corporation and provides critical access to 1 -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 2092; 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 $35
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 2000 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 2000 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
Resolution No. 2007 -03
Palm Bay Road
Page 2 of 3
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 5 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 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,
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 1 63.3'180, 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 5 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 1 -35 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.
Resolution No. 2007-03
Palm Bay Road
Page 3 of 3
Cre NOW THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL CITY
COUNCIL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. The above recitals are true and correct and by this reference are hereb
incorporated into and made an integral part of this resolution as though fully set forth herein. y
SECTION 2. The CITY OF CAPE CANAVERAL CITY 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.
DONE, ORDERED AND ADOPTED, in regular session, this 16th day of Ja ary 2 07.
ATTEST: �a
BB Rocky Randels, MAYOR
Susan Stills, CITY,,CLERK
S, .
r'- FOR AGAINST
APPRO I► AS TO FORM: Bob Hoog Second
411 — Leo Nicholas X
Anthony G�anese, CITY ATTORNEY Buzz Petsos Motion
Rocky Randels X
Shannon Roberts X