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HomeMy WebLinkAbout21-412 RESOLUTION NO. 21-412 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY; MAKING VARIOUS LEGISLATIVE FINDINGS; DECLARING THAT NO AGREEMENT WAS REACHED FROM THE JOINT PUBLIC MEETING PROCEEDINGS UNDER SECTION 164.1055(2) FLORIDA STATUTES AND DIRECTING THE COUNTY ADMINISTRATOR TO INITIATE MEDIATION; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners ("Board") has previously adopted a Road Impact Fee, which is codified under Chapter 24-Impact Fees, Article VIII, Roads Impact Fee, and a Parks Impact Fee which is codified under Chapter 24-Impact Fees, Article VI, Parks Impact Fee; and WHEREAS, the current County Parks Impact Fee is based on a study performed by Dr. James C.Nicholas in 2016 and the current County Roads Impact Fee is based on a study performed by Tindale Oliver in 2019; and WHEREAS, the studies referenced above were based on the most recent and localized data and complied with the dual rational nexus test; and WHEREAS, the County has retained the services of impact fees experts to update the Chapter 24-Impact Fees (the "Impact Fee Update") for all of its Impact Fees including its Road Impact Fee and its Parks Impact Fee, to incorporate the most recent and localized data and to provide assurances that the various amendments to section 163.31801, Florida Statutes adopted since the last County impact fees update are addressed in the Impact Fee Update; and WHEREAS, the City of Port St. Lucie ("City") has replaced its road impact fee and transportation concurrency system with a mobility fee system with an effective date of October 4, 2021; and WHEREAS, the City has included County roads in the City's mobility fee without the County's consent; and WHEREAS, Chapter 334 through 339, Florida Statutes, along with certain other chapters as designated by section 334.01, Florida Statute, constitute the Florida Transportation Code. The purpose of the Florida Transportation Code is to assign responsibility for the various types of roads between the State,counties,and municipalities. As stated within section 334.035,Florida Statutes: The purpose of the Florida Transportation Code is to establish the responsibilities of the state, the counties, and the municipalities in the planning and development of the transportation systems serving the people of the state and to assure the development of an integrated, balanced statewide transportation system. The 1 prevailing principles to be considered in planning and developing these transportation systems are preserving the existing transportation infrastructure; enhancing Florida's economic competitiveness; and improving travel choices to ensure mobility. This code is necessary for the protection of the public safety and • general welfare and for the preservation of all transportation facilities in the state. The chapters in the code shall be considered components of the total code, and the provisions therein, unless expressly limited in scope, shall apply to all chapters; and WHEREAS,pursuant to section 335.01(2), Florida Statutes,public roads are divided into four systems. These systems consist of: (a) the State Highway System; (b) the State Park Road System; (c) the County Road System; and (d) the City street system. Each of the four identified systems which make up public roads within the State of Florida re specifically defined and the responsibility for their planning, development, construction, and maintenance is expressly assigned to the respective government entities. The ultimate goal of such allocation of responsibility is to establish clear lines of authority so that the responsibility for the planning, development,construction,and maintenance related to those specific road systems can be executed unencumbered; and WHEREAS, the Florida Transportation Code defines the County Road System in section 334.03(8),Florida Statutes as follows: (8) "County road system" means all collector roads in the unincorporated areas of a county and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System; and WHEREAS,as established by Florida Statutes, roads within the County Road System are not limited by municipal boundaries but includes collector roads that extend into or through any incorporated area and all urban minor arterials not in the State Highway System, regardless of whether they extend within municipal boundaries; and WHEREAS,the County's specific responsibilities regarding the County Road System are also clearly and unequivocally set forth in section 336.02(1)(a), Florida Statutes, which provides: The commissioners are invested with the general superintendence and control of the county roads and structures within their respective counties,and they may establish new roads,change,and discontinue old roads, and keep the roads in good repair in the manner herein provided. They are responsible for establishing the width and grade of such roads and structures in their respective counties. See Sec. 336.02(1)(a), Fla. Stat.; and 2 WHEREAS, apart from the authority of county commissioners over the County Road System under the Florida Transportation Code, section 125.01(1)(m), Florida Statutes, also grants county commissioners broad powers to carry on county government, including the express power to provide and regulate arterial,toll,and other roads,bridges,tunnels,and related facilities,as well as the construction, reconstruction, operation, maintenance, and repair of such transportation facilities; and WHEREAS, inherent in the allocation of responsibility for the respective public roads within the State of Florida is the ability to fund and finance the improvements necessary to fulfill the responsibilities of counties over the roads within the County Road System. Section 336.021(3), Florida Statutes, expressly recognizes as an essential element of the County's responsibility over the County Road System, the ability to obtain funding to fulfill those purposes. As stated in that Act: (3) It is expressly recognized and declared by the Legislature that the establishment, operation and maintenance of a transportation system and related facilities and the acquisition, construction, reconstruction,and maintenance of roads and streets fulfill a public purpose, and that payment of the costs and expenses therefor may be made from county general funds, special taxing district funds or such other funds as may be authorized by special or general law. Counties are authorized to expend the funds received under this section in conjunction with the state or federal government in joint projects. (Emphasis added). See Sec. 336.021(3), Fla. Stat.; and WHEREAS, the establishment of the respective responsibilities for the various public roads within the State may not be unilaterally altered so as to allow a city to assume and exercise control or responsibility for roads within the County Road System or the State Highway System. Rather, Florida Statutes sets forth the procedure by which a governmental entity may assume authority over a road whose responsibility has been assigned to another governmental entity. Sections 335.0415(1) and (3), Florida Statutes, expressly provide that the responsibility for roads in the respective system shall be as it existed on June 10, 1995,and may not be transferred among jurisdictions except by mutual agreement. There is no authority for a city to unilaterally usurp the responsibilities for roads within the County Road System, nor has there been any agreement to allow it to assume such responsibility; and WHEREAS,the Legislature, therefore, has expressly defined the road systems for which responsibility has been assigned to each governmental entity and, as to the County Road System, granted broad authority to counties for the planning,development,construction,maintenance,and funding of the County Road System. In contrast, the Legislature has given cities absolutely no authority over the County Road System, even if a portion of those roads are within the municipal boundaries and 3 WHEREAS,on October 27,2021,the Board attended a joint public meeting with the City Council("Council"),pursuant to a dispute resolution process initiated by the City Council pursuant to Section 164.1055, Florida Statutes, to discuss conflicts concerning the adoption of the City's mobility fee, including the City's inclusion of County roads in the City's mobility fee without the County's consent; and WHEREAS, at the October 27 joint public meeting the Board requested that the Council remove County roads from the City's mobility fee. Three of the four Council members stated that they would not remove the County's' roads from the City's mobility fee; and WHEREAS, the County does not believe the City has the legal authority to collect a mobility fee that includes County roads without the County's consent and further believes that resolution of this issue is fundamental to a resolution of issues between the County and the City; and WHEREAS, the two parties did not reach an agreement at the joint public meeting between the County and the City, and accordingly the next phase of the "Florida Governmental Conflict Resolution Act" is mediation; NOW THEREFORE, be it resolved by the Board of County Commissioners, St. Lucie County, as follows: Section 1. RECITALS. The above recitals are incorporated by reference as if set forth in their entirety. Section 2. SCHEDULING OF MEDIATION. Since no agreement was reached at the joint public meeting between the County and the City, the Board directs the County Administrator to initiate mediation with the City pursuant to Section 164.1055(2) Florida Statutes. Section 3. EFFECTIVE DATE. This Resolution shall be effective upon adoption. After motion and second, the vote of this Resolution was as follows: Commissioner Sean Mitchell, Chair AYE Commissioner Frannie Hutchinson, Vice Chair AYE Commissionner Cathy Townsend AYE Commissionner Chris Dzadovsky AYE Commissioner Linda Bartz AYE DULY PASSED AND ADOPTED this 16 day of November 2021. 4 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 1'`til Lai 14 COM4fA BY: a--P 7711 37-1--- DEPUTY CL i ''- Abe-. ss►. CHAIR * TLC m , /;', . x A y `G% lot APPROVED ; S TO FO '. c & -°°tin,.f0 CO ' ' 1 2, • / BY: I ' COU TY A 'O EY 5