PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REGARDING STREETS, ROADS, AND BRIDGES
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EXECUTIVE SUMMARY:
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This is a public hearing to consider adoption of an Ordinance repealing Chapter 25, Cable Communications, and amending Chapter 155, Streets, Roads, and Bridges to: establish a minimum speed limit; eliminate conflicts with state statutes; and require permits in County rights-of-way.
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DEPARTMENT: Public Works
PREPARED BY: Name: Lisa A. Wichser, P.E., CFM
Title: County Engineer
REQUESTED BY: The honorable Board of County Commissioners
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Article 1. In General
Pursuant to Section 316.189, Florida Statutes, the Board of County Commissioners (Board) may establish speed zones on County roads. Historically, the Martin County Sheriff has not enforced posted speeds of less than 25 MPH. Staff is proposing the Board formalize the historic enforcement by establishing 25 MPH as the minimum posted speed limit on any County road.
Article 2. Road Right-of-way Improvements
Presently, the only requirement for the issuance of a permit to do work in the County’s rights-of-way is found in Chapter 25, Code of Ordinances, related to Cable Communication. Chapter 25 was created in 1986 when cable television and cable communications were being developed as modern systems. It is specific to one type of communication facility that has evolved significantly over the past 33 years. Staff is proposing the Board repeal Chapter 25 and expand Chapter 155 related to Streets, Roads, and Bridges to provide for the issuance of permits in the County’s rights-of-way. The proposed changes to Article 2 of Chapter 155 address Right-of-way Use Permits for work associated with permanent improvements or facilities in County right-of-way as well as Road Opening Permits that were previously under the purview of the Growth Management Director. The Article provides for an application fee, which can only be waived if the applicant is regulated by the Florida Public Service Commission, the Federal Communications Commission or is a publicly owned water and wastewater utility. The application must be accompanied with an engineered plan, maintenance of traffic plans(s), a cost estimate, security, a schedule, and insurance. The applicant must coordinate with other activities in the area. Article 2 also proposes the County Engineer issue Road Opening Permits in unopened platted rights-of-way and request Board’s acknowledgement, by resolution, of newly opened roads twice per year. Finally, Article 2 proposes a way for the applicant to appeal the County Engineer’s denial of a permit consistent with Article 10 of the Land Development Regulations.
Article 3. Street Improvements
The last substantive amendment to Chapter 155, Code of Ordinances, related to Streets, Roads, and Bridges was made in 1986 when the Board of County Commissioners adopted Ordinance 274 to establish policies and procedures for assessable paving projects. This became Article 3, Street Improvements. In 1996, the Board of County Commissioners adopted the Special Assessment Ordinance that provided, in short, the creation of Municipal Service Benefit Units (MSBUs) and the imposition and collection of special assessments to fund the cost of capital improvements providing a special benefit to local areas. When the Special Assessment Ordinance was adopted, Chapter 155 became obsolete, but was not repealed. Staff is proposing the Board repeal Article 3.
ISSUES:
On August 27, 2019, the Board of County Commissioners was asked to consider an ordinance amending Articles 1 and 2 and replacing Article 3 with one that would prohibit the obstruction or encroachment of any road right-of-way. After much discussion and deliberation among the Board of County Commissioners and members of the public, staff was directed to bring this request to amend Chapter 155 back to the Board for reconsideration. Staff was also directed to, “engage in a conversation with the Treasure Coast Regional Planning Council to discuss what a scope of services would look like to work through all the issues relative to Palm City Farms and the trail structure.”
The draft outline of the Treasure Coast Regional Planning Council’s Palm City Farms Right-of-way and Trails assessment is attached.
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 Ordinance as presented.
ALTERNATIVE RECOMMENDATIONS
1. Move that the Board of County Commissioners adopt the Ordinance as presented.
2. Provide staff direction regarding the draft outline of the Treasure Coast Regional Planning Council’s Palm City Farms Right-of-way and Trails assessment
FISCAL IMPACT:
RECOMMENDATION
None
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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>.