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Home My WebLink About15-110 RESOLUTION NO. 15-110 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ACKNOWLEDGING AND IDENTIFYING SIGNIFICANT PUBLIC HEALTH, SAFETY AND WELFARE CONCERNS RESULTING FROM THE "ALL ABOARD FLORIDA" PLAN; ADOPTING AND APPROVING THE TRANSMITTAL OF THE RAIL SAFETY, TRAFFIC SAFETY, ENVIRONMENTAL, CULTURAL AND HISTORICAL REPORTS CONTAINED IN A CRITICAL ASSESSMENT OF THE USDOT FEDERAL RAILROAD ADMINISTRATION’S DRAFT ENVIRONMENTAL IMPACT STATEMENT AND SECTION 4(f) EVALUATION FOR THE PROPOSED ALL ABOARD FLORIDA INTERCITY PASSENGER RAIL PROJECT (DATED SEPTEMBER 2014) TO THE FEDERAL RAILROAD AND ADMINISTRATION AND OTHER APPROPRIATE STATE AND FEDERAL AGENCIES AND OFFICIALS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1.On June 17, 2014, the St. Lucie County Commission passed and adopted Resolution 14-091 concerning Florida East Coast Industries’ (“FEC”) proposed privately owned, operated and maintained high-speed passenger rail service named All Aboard Florida (“AAF”) that will travel between Miami and Orlando with stops in Fort Lauderdale and West Palm Beach. 2.The AAF continues to pursue a plan to run 16 daily round-trip high-speed passenger trains (for a total of 32 daily events) along the existing FEC railroad corridor at speeds up to 110 miles per hour (mph), resulting in daily gate closings, as well as all other grade crossings along the FEC railroad corridor in addition to current gate closings for existing freight trains. 3.The AAF track improvements will also pave the way for significant increases in freight traffic along the corridor, including a significant increase in intermodal traffic as a result of the expansion of the Panama Canal and the Ports of Miami and Port Everglades. 4.The US Department of Transportation, Federal Railway Administration, published a Draft Environmental Impact Statement in September, 2014, which has yet to be finalized. 5.Additional information on the impact of the Project, including completion of the 90% plans (April, 2015) was provided to the County after delivery of the Draft Environmental Impact Statement. These 90% plans reveal impacts to the County not identified in the DEIS and, conversely those impacts identified in the DEIS are not being addressed or mitigated by AAF as evidenced by the 90% plans. 6.St. Lucie County law enforcement and fire rescue, personnel and equipment, cross the FEC railroad corridor to provide services to St. Lucie County residents. 7.Additional grade crossing closures and blockages will hinder emergency service providers from being able to make timely responses to emergency calls or transport medical patients located on either side of the FEC railroad corridor, comprising the health, safety and welfare of the citizens of St. Lucie County. 8.Hundreds of school bus crossings occur across the tracks in question on a daily basis during the school year, a factor ignored in the DEIS. 9.The inadequate safety measures for these crossings and failure to meet FRA and State of Florida DOT standards will create imminent hazards and dangers to life and property for those who live in and visit St. Lucie County, including school children riding school buses. 10.The significant risks posed to public safety response times and land mobility, and the overall quality of life for those who live in and visit St. Lucie County is a genuine threat to the public health, safety and welfare, with insufficient proposed mitigating measures. 11.The significant impacts to the natural resources of the County, and the DEIS’ failure to adequately address and identify necessary mitigation and avoidance will adversely affect the public health, safety and welfare of those who live and visit St. Lucie County, and the people of the State of Florida. 12.The failure to identify, properly assess, or protect Cultural Resources in St. Lucie County and elsewhere is contrary to the public interest and runs afoul of State and Federal requirements. 13.St. Lucie County desires to bring these issues to the attention of neighboring local governments, as well as state and federal officials, and urges all such officials to take steps to help mitigate these risks. 14.The St. Lucie County Board of County Commissioners supports the FRA report for the AAF project, dated March 20, 2014, by Frank Frey, General Engineer, which expresses many of the safety concerns shared by our residents and elected officials and identified in the expert reports commissioned by St. Lucie County and approved and adopted by this Resolution. 15.These issues should be given full consideration in preparation of a Final Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) requirements. 16.St. Lucie County retained four (4) expert consultants to review the USDOT Federal Railway Administration’s Draft Environmental Impact Statement and Section 4(f) Evaluation (“DEIS”) and report their findings to the County. 17.Triad Railroad Consulting, LLC, Morris-Depew & Associates, Inc., Passarella & Associates, Inc., and Archaeological and Historical Conservancy, Inc. have submitted their reports analyzing the FRA’s DEIS. 18.These reports are incorporated in A Critical Assessment of the USDOT Federal Railroad Administration’s Draft Environmental Impact Statement and Section 4(f) Evaluation for the Proposed All Aboard Florida Intercity Passenger Rail Project (dated September 2014). 19.This Board supports and approves the reports submitted by each of the above expert consultants and the cited “Critical Assessment.” NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1.The Board hereby approves and adopts the following reports on All Aboard Florida and authorizes the transmittal of the reports to the Federal Railroad Administration and other appropriate state and federal agencies: a.Draft Environmental Impact Environmental Impact Statement Railroad Safety Impacts in St. Lucie County, Florida, and AAF’s proposed 90% Plans prepared by Triad Railroad Consulting, LLC. b.Report on Analysis of Traffic Impacts in St. Lucie County Related to the All Aboard Florida Draft Environmental Impact Statement prepared by Morris-Depew & Associates, Inc. c.Report on Wetland and Listed Species Assessment of the Draft Environmental Impact Statement for All Aboard Florida Intercity Passenger Rail Project, Orlando to Miami prepared by Passarella & Associates, Inc. d.Report on Cultural Resource Assessment of the Draft Environmental Impact Statement and the Draft Determination of Effects Phase 2 for All Aboard Florida Intercity Passenger Rail Project Indian River County, St. Lucie County, and Martin County prepared by Archaeological and Historical Conservancy, Inc. 2. The Board hereby approves the Critical Assessment of the US DOT Federal Railroad Administrati'on's Draft Environmental Impact Statement and Section 4(f) Evaluation for the Proposed All Aboard Florida Intercity Passenger Roil Project (dated September 2014) authorizes its submittal to the USDOT Federal Railway Administration and all reviewing State and Federal agencies 3. The Board demands that the USDOT Federal Railway Administration reject the Draft Environmental Impact Statement as inadequate and insufficient, and refrain from issuing a Final EIS until all deficiencies have been cured, a valid alternatives analysis is conducted, adequate mitigation of adverse impacts is identified, and compliance with the National Environmental Policy Act of 1969 (NEPA) requirements. 4. The Board hereby urges local, state, and federal officials to assist St. Lucie County in opposing the proposed AAF intercity rail project as proposed. The County Administrator is directed to send a copy of this resolution and the Critical Assessment to the County's State and Federal legislative delegations. 5. The Board authorizes the County Attorney to undertake a review of any necessary or appropriate administrative or judicial proceedings to ensure the goals of this Resolution are met. 6. This resolution shall become effective immediately upon its adoption. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis AYE Vice Chair Kim Johnson AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE PASSED AND DULYADOPTED this 7th day of July, 2015. ATTEST: 2 eputy Clerk ST. LUCIE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Chair APPROVED AS TO FORM AND CORRECTNESS: A County Attorney