TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich, Jr, County Administrator
Sean C. Lieske, Director of Utility Services
Brian Freeman, AICP, MPO Staff Director
FROM: Howard G. Richards, PE, Manager - Capital Projects
DATE: April 13, 2025
SUBJECT: Approval of Subordination of County Utility Interests Agreement between the Florida Department of Transportation and Indian River County
__________________________________________________________________
BACKGROUND
Within the boundaries of Indian River County (IRC), a relatively small number of roadways are designated as State Roads (SRs), including all of Interstate 95 (I-95), US Route 1 (US 1), State Road 60 (SR 60), and Jimmy Buffett Memorial Highway (A1A). In addition, both SR 510 and 17th Street are designated as state roads between US 1 and A1A.
Responsibility for the improvements and maintenance of the State highway system lies with Florida Department of Transportation (FDOT), based on the IRC Metropolitan Planning Organization (MPO) annual Priority Projects Report and Transportation Improvement Program (TIP). The MPO report provides guidance to FDOT regarding improvements to the State highway system within the County.
Over the course of several years, County staff has had ongoing discussions with FDOT about increasing the number of roads within the County that are part of the State highway system. FDOT is currently undergoing improvement projects to the following three (3) roadways:
• CR 510 will be widened to four lanes from CR 512 to US 1 in multiple phases
• CR 512 eastbound (EB) turning lane improvement from east of I-95 to west of 106th Avenue
• Oslo Road widening to four lanes from a new I-95 interchange to 58th Avenue
FDOT’s Work Program is funded by both Federal and State gas tax revenues. However, State law only permits State gas tax revenues to be expended on the State highway system, limiting funds available to these projects. As such, FDOT proposed to transfer the aforementioned roadways onto the State highway system that will make state gas tax revenues available for the projects. Another benefit of the roadway jurisdictional transfer is that the future maintenance responsibility will also be transferred from the County to FDOT.
On March 28, 2023, the Board of County Commissioners (BCC) authorized staff to begin the process of transferring jurisdiction for CR 510 (from CR 512 to US 1), CR 512 (from I-95 to CR 510), and Oslo Road (from I-95 to US 1) to FDOT.
ANALYSIS
Indian River County Department of Utility Services (IRCDUS) owns and operates infrastructure with the rights-of-way (ROW) that are proposed for jurisdictional transfer. Relocating the IRCDUS infrastructure to another County-owned ROW would be cost-prohibitive and not in the best interest of the County. FDOT will allow the IRCDUS infrastructure to remain with the state highway system ROW upon completion of the jurisdictional transfer and require that the County subordinates to the interest of FDOT.
In connection with FDOT project 405606-3, CR-510/85th Street from West of 82nd Avenue to 58th Avenue, FDOT provided the attached Subordination of County Utility Interests Agreement documents, recorded easements, and right-of-way map for the following parcels:
• Parcel 113.5
• Parcel 118.3
• Parcel 130.4
The documents were reviewed by the Legal Department and County Survey, and their comments have been incorporated into the agreement by FDOT.
BUDGETARY IMPACT
There is no budgetary impact for this agenda item.
PREVIOUS BOARD ACTIONS
On March 28, 2023, the Board of County Commissioners (BCC) authorized staff to begin the process of transferring jurisdiction for CR 510 (from CR 512 to US 1), CR 512 (from I-95 to CR 510), and Oslo Road (from I-95 to US 1) to FDOT, prompting FDOT to require that the County subordinates to the interest of FDOT.
POTENTIAL FUTURE BOARD ACTIONS
Approval for the jurisdictional transfer of CR 510 (from CR 512 to US 1), CR 512 (from I-95 to CR 510), and Oslo Road (from I-95 to US 1) to the FDOT state highway system at a date to be determined.
STRATEGIC PLAN ALIGNMENT
Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency.
STAFF RECOMMENDATION
Recommended Action
Staff recommends that the Indian River County Board of County Commissioners approve the Subordination of County Utility Interests Agreement between the State of Florida Department of Transportation and Indian River County, and authorize the Chair to execute the same.