PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 155, STREETS, ROADS AND BRIDGES, GENERAL ORDINANCES, MARTIN COUNTY CODE, RELATING TO SPEED LIMITS, DELEGATION OF AUTHORITY, REQUIRED PERMITS, AND SECURITY
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EXECUTIVE SUMMARY:
executive summary
This is a request for approval of amendments to Chapter 155, Streets, Roads and Bridges, General Ordinances, Martin County Code to rely on the Florida Statutes as they relate to establishing speed limits, to authorize the County Engineer to apply for state and federal permits for County projects, to require permits for County projects in County right-of-way, and to provide for warranty security.
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DEPARTMENT: Public Works
PREPARED BY: Name: Lisa A. Wichser, P.E., CFM
Title: Chief Project Engineer
REQUESTED BY: Michael J. Grzelka, P.E., County Engineer
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The proposed amendments to Chapter 155, Streets, Roads and Bridges are to:
• remove the minimum speed limit and rely on the state statutes;
• delegate the County Engineer as the agent of the County authorized for the purpose of obtaining permits for County projects;
• require permits for driveways in County right-of-way;
• require permits for County projects in County right-of-way;
• require security be held for 12 months after completion of work in County right-of-way;
• remove the dates when resolutions for the Board’s acknowledgement of open roads are required;
• clarify and update the prohibition of taking of animals, fowl, birds, or reptiles from roads or rights-of-way.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed Ordinance amending Chapter 155, Streets, Roads and Bridges, General Ordinances, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
Provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: