PLACEMENT: Departmental
TITLE:
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REQUEST FOR APPROVAL OF RESOLUTION INITIATING CHAPTER 164, FLORIDA STATUTES CONFLICT RESOLUTION PROCEEDINGS BETWEEN MARTIN COUNTY AND THE CITY OF STUART REGARDING THE CITY’S NONCOMPLIANCE WITH THE 2023 INTERLOCAL AGREEMENT AND ITS COMPREHENSIVE PLAN
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EXECUTIVE SUMMARY:
executive summary
Request for approval of a Resolution to initiate Conflict Resolution proceedings pursuant to Chapter 164, Fla. Stat. with the City of Stuart regarding the City’s refusal to abide by the Interlocal Agreement between the County and the City dated December 12, 2023, including its failure to provide a letter supporting the County’s grant application to the Federal Railroad Administration, and its refusal to comply with Element 2 of the City’s Comprehensive Plan.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sarah W. Woods
Title: County Attorney
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On October 23, 2023, Brightline Trains Florida LLC (Brightline) issued a Treasure Coast Request for Proposals (RFP) for the location of a train station in either Martin or St. Lucie Counties. Martin County and the City of Stuart approved an Interlocal Agreement dated December 12, 2023, to outline the parties’ responsibilities for submitting a joint proposal to Brightline’s RFP for a train station and parking garage on three County owned parcels. In December of 2023, Martin County and the City of Stuart jointly submitted a proposal to Brightline pursuant to the Interlocal Agreement. On March 4, 2024, Brightline sent a letter to the City and the County notifying them that the Joint Proposal was selected. Brightline included in its letter of selection terms to proceed with the negotiation of final agreements for development of the new train station.
City and County staff developed a proposed Amended Interlocal Agreement concerning the Station. On August 12, 2024, the City approved the Amended Interlocal Agreement as well as a Ground Lease Agreement with Brightline. On August 26, 2024, the City Commission directed its staff to prepare an agenda item for its September 9, 2024, meeting to consider rescinding approval of the 2023 Interlocal Agreement, the Amended Interlocal Agreement and the Brightline Ground Lease. On September 9, the City rescinded its approval of the Amended Interlocal and the Ground Lease and directed the City Manager to meet with the County and Brightline for a better deal. The City did not rescind or take any action regarding the December 12, 2023 Interlocal Agreement. The BOCC directed staff to continue negotiating with the City and Brightline to reach an agreement during its September 10th and 24th meetings. On October 14, 2024 the City unilaterally considered alternate terms for negotiation for the train station which ultimately reduced the City’s obligation to $5 million dollars (a $25 million dollar reduction) and increased the number of daily Brightline stops from four to eight. The City did not authorize the City Manager to move forward with negotiations of the alternate terms and did not provide direction for further negotiations. At the October 22 meeting, the BOCC requested an update on the Brightline Station. Following the update, the BOCC unanimously directed the County Administrator and County Attorney to issue a Request for Bid (RFB) of a long-term lease for the County’s downtown Stuart property and fairgrounds property for a high-speed rail station and to prepare a Federal grant application for station funding.
On November 12, 2024 the Board awarded the RFB to Brightline Trains Florida LLC and approved a First Amendment to the November 25, 2018 Settlement Agreement with Brightline. Among the changes in the First Amendment was a maximum contribution of $15 million dollars by the County for the train station with the remaining costs to be funded by State/Federal grants. The Board also authorized staff to apply for a USDOT/FRA Federal State Partnership for Intercity Passenger Rail Program Grant. On November 21, 2024 the County sent an email to the City of Stuart, Village of Indiantown, Town of Ocean Breeze, and Town of Jupiter Island requesting a letter of support for the County’s grant application for a Brightline Station by December 2, 2024 in order to meet the grant application deadline. Stuart’s City Manager advised the County he would bring the request at the City’s November 25, 2024 meeting. The City Manager presented the County’s request at the November 25th meeting. The City took no action regarding the request.
On January 7, 2025 the County Administrator sent a letter to the City Manager outlining the City’s legal obligation under the Interlocal Agreement to provide the letter of support as well as the negative financial impact the City’s failure to act will have on the County’s grant application. The letter concluded with the hope that the matter would be resolved quickly without the need to resort to the Florida Governmental Conflict Resolution Act. The City Manager presented the County’s January 7 letter to the City Commission on January 13, 2025. The City failed to take any action regarding the County’s request.
At the Board’s January 14, 2025 meeting, the County Attorney provided an update regarding the City’s failure to provide a letter supporting the County’s grant application. The Board authorized the County Attorney to prepare an agenda item for the January 28, 2025 meeting requesting approval of a resolution to initiate conflict resolution proceedings pursuant to Chapter 164, Fla. Stat.
Chapter 164.102, Fla. Stat. sets forth the purpose of the Conflict Resolution Act:
“To promote, protect, and improve the public health, safety, and welfare and to enhance intergovernmental coordination efforts by the creation of a governmental conflict resolution procedure that can provide an equitable, expeditious, effective, and inexpensive method for resolution of conflicts between and among local and regional governmental entities. It is the intent of the Legislature that conflicts between governmental entities be resolved to the greatest extent possible without litigation.”
ISSUES:
The City’s actions, including its refusal to provide a letter supporting the County’s FRA grant application is a breach of Section B of the December 12, 2023 Interlocal Agreement. In addition, the City’s actions violate several provisions of Element 2 of the City’s Comprehensive Plan which requires support of grants for passenger rail as well as construction of a train station in the City.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the proposed Resolution initiating Chapter 164, Fla. Stat. Conflict Resolution Proceedings.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.