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Home My WebLink About08-377 RESOLUTION NO. 08-377 INITIATING CONFLICT RESOLUTION PROCEDURES PROVIDED BY sECTION 164.1052, FLORIDA STATUTEs (2008) PERTAINING TO THE DISPUTE OVER THE CITY OF FORT PIERCE's WAIVER OF THE PROPORTIONATE FAIR sHARE PAYMENT FROM THE DEVELOPER OF THE NEWBERRY FIELDS SHOPPING CENTER WHEREAS, the Board of County Commissioners of St. Lucie County, florida, has made the following determinations: 1. The City of fort Pierce, Florida (City), has approved a site plan for the Newberry Fields Shopping Center and waived the proposed condition requiring the Developer of Newberry Fields to pay a proportionate fair share payment to mitigate traffic impacts on the intersection of Kings Highway and Orange Avenue; and, 2. The County believes that the City's waiver is contrary to the interests of the County and its residences and businesses. The County also believes that the City's waiver is contrary to the requirements of law including the City's own comprehensive plan and land development code. 3. As a result of the conflict set out above, the Board believes that it is in the best interest of the citizens of St. Lucie County to initiate the conflict resolution procedures provided by the Florida Governmental Conflict Resolution Act between the County and the City. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. The Board expresses its intent to initiate the conflict resolution procedures provided by the Florida Conflict Resolution Act to resolve the conflict between the County and the City as to the City's waiver prior to initiating court proceedings. 2. Within five (5) days after the adoption of this Resolution, the County Administrator is directed to send a letter and a certified copy of this Resolution to the chief administrator of the City by certified mail, ret.urn receipt requested. 3. This Resolution shall become effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Paula A. Lewis Vice Chairman Charles Grande Commissioner Chris Dzadovsky Commissioner Doug Coward Commissioner Chris Craft AYE AYE AYE AYE AYE PAssED AND DULY ADOPTED this J day of December, 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA " . 1 ~ . >4ItJ ~~":~~ Chair n' BY: