Res 28-15RESOLUTION NO. 28-15
A RESOLUTION OF THE CI"I'Y COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, EXPRESSING CONCERN
WHETHER ALL ABOARD FLORIDA WILL HAVE AN ADVERSE
IMPACT ON THE CITY; STATING THAT THE CITY
WITHHOLDS ITS SUPPORT FOR THE ALL ABOARD FLORIDA
PROJECT UNTIL CERTAIN REQUIREMENTS ARE MET;
ENCOURAGING THE FEDERAL RAILROAD
ADMINISTRATION AND ANY OTHER FEDERAL, STATE OR
LOCAL AGENCY TO REQUIRE ALL ABOARD FLORIDA TO
PAY FOR THE COST OF CONSTRUCTING QUIET ZONES AND
OTHER IMPROVEMENTS TO THE FLORIDA EAST COAST
RAILWAY AT -GRADE RAILROAD CROSSINGS LOCATED
WITHIN THE CITY; PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, All Aboard Florida — Operations, LLC ("All. Aboard Florida"), a subsidiary of
Florida East Coast Industries ("FEC") , is developing an express intercity passenger rail service from
Miami to Orlando with four stations: IVliar , Fort Lauderdale, West Palau Beach, and Orlando
International Airport; and
WHEREAS, the All Aboard Florida project proposes to add 32 trains daily to the existing FEC
rail corridor, with no proposed stops in Delray Beach, and ttains with proposed travel speeds of up to
79 miles per hour through Delray Beach; and
WHEREAS, the City of Delray Beach has questions -regarding the impact of All Aboard Florida
as there are twelve at -grade railroad crossings along the FEC tracks within the city limits, and the City
may be required to bear certain construction costs of upgrading railroad crossings and the costs of
installing and maintaining the tracks and any quiet zones; and
WHEREAS, based on information found in the Environmental Impact Statement prepared by
the U.S. Department of Transportation Federal Railroad Administration ("FRA"), typical at -glade
tailtoad crossings would be closed an average of 54 tia-nes per day (2.25 times pet hour), with
cumulative closure times averaging 1.7 minutes (for passenger trains ) to 2.8 minutes (for freight
trains). The total hourly closure would range from 4.2 minutes per hour to 4.5 minutes per hour; and
WHEREAS, emerging information about All Aboard Florida has led to concerns that Delray
Beach residents and businesses are being asked to accept adverse impacts with limited, if any, benefit to
the community; and
WHEREAS, additional grade crossing closures and blockages will hinder the City of Delray
Beach Fire Department from being able to make timely responses to emergency calls or transport
medical patients located on either side of the FEC railroad corridors, compromising the health, safety
and welfare of the residents of the City of Delray Beach and all those who rely on the City of Delray
Beach Fire Departi ent services; and
WHEREAS, All Aboard Florida would increase railroad traffic and railroad noise in the City of
Delray Beach affecting thousands of people in the City residing near these crossings; and
WHEREAS, it is estimated that the potential total cost to upgrade each of the City's crossings
to meet Federal Quiet Zone requirements would exceed $1 million dollars, and that these
improvements are proposed to be paid by the Palm Beach NIPO ; and
WHEREAS, although the project is being developed by a private entity, FEC has applied for a
"Railroad Rehabilitation Improvement Financing" ("RR1F") loan of potentially $1.5 billion which
snakes the project subject to Federal Guidelines and a diagnostic safety review conducted by the FRA;
and
WHEREAS, All Aboard Florida recently announced that they intend to pursue municipal bond
financing through the state-run Florida Development Finance Corp. to finance a portion of the project
and, if authorized, would withdraw or reduce their RRIF loan. application, All Aboard Florida should
address claims that a significant portion of the financial burden of this passenger rail service may be
borne by the taxpayers through assistance from the federal, state and local governments but is not
required to receive approval from local. or state governments; and
WHEREAS, as a result of the All Aboard Florida RRIF loan application, the FRA issued an
Environmental Impact Statement on September 19, 2014 evaluating the potential environmental and
related impacts of constructing and operating the proposed All Aboard Florida project. The public
comment period ended on December 3, 2014; and
WHEREAS, the Environinental Impact Statement found that there are several recreational
resources in the City of Delray Beach within 100 or 300 feet of the FEC corridor that may be impacted
by the All Aboard Florida project, including Worthing Park, Currie Comtnons Park, Miller Park and
Leon M. Weekes Environmental Preserve; and
WHEREAS, even though All Aboard Florida has stated that they will pay for 100% of the costs
of safety improvements, the City of Delray Beach City Commission urges the United States
Department of Transportation and the State of Florida and its agencies to requite All Aboard Florida to
pay for the costs of the All Aboard Florida project, including improvements to rail crossings, the
construction of quiet zones and corridor improvements; and
2 RES. N0.25-15
WHEREAS, the City of Delray Beach Commission urges the United States Department of
Transportation and the State of Florida to require that there shall be no government assistance
provided to FEC or All Aboard Florida in the form of loans, infrastructure or right-of-way, other in-
kind benefits at less than market rates/cost, and that any loans or other debt incurred by FEC or All
Aboard Florida for All Aboard Florida shall be senior to all other debt, and without rights of future
subordination, encumbering FEC and All Aboard property, equipment and rail lines, such that FEC
and/or All Aboard Florida shall be solely responsible for the repayment of all loans/debt and there will
be no taxpayer exposure/liabilities of any kind for default by FEC or All Aboard Florida; and
WHEREAS, the City of Delray Beach City Commission expects FECl to continue coordinating
efforts with the Florida DOT and SFTRA to establish commuter rail service on its tracks, linking South
Florida coastal cities, including appropriately upgrading and improvements to accommodate both
comrxautet and freight trains, and
WHEREAS, the City of Delray Beach City Commission expects FEC to promptly undertake
efforts to reach agreements(s) among FDOT, South Florida Regional Transportation Authority
(SFRTA), South Florida Commuter Services (SFCS) and the Dade, Broward, and Palm Beach County
Metropolitan Planning Organizations (1V1POs) to permit Tri -Rail Coastal Link to begin tri --county
commuter rail service on the FEC railroad, and
WHEREAS, the City of Delray Beach City Commission expects FEC to work with municipal,
county state, and federal agencies to move freight off the current FEC rail lines, and
WHEREAS, the City of Delray Beach desires to bring these issues to the attention of
neighboring local governments as well as Patin Beach County, state and federal officials, and urge those
officials to take steps to mitigate these risks; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission incorporates the "Whereas" clauses set forth above
as if fully set forth herein.
Section 2. That the City Commission of the City of Delray Beach cannot support the All
Aboard Florida project unless the following concerns are adequately addressed:
A. Financial Impact
a. The City of Delray Beach City Commission requests that All Aboard Florida adhere to
its prior commitments and agree to fund all costs related to:
i. Installation of safety equipment necessary to meet maximum Federal Rail
Administration safety guidelines along the FEC line and at all grade crossings;
ii. Construction and maintenance of quiet zones for all at grade railroad crossings
within the boundaries of the City of Delray Beach;
iii. Required inspections of all high speed rail crossings;
RES. NO. 28-15
iv. Reimbursement of local governments for any costs incurred relocating utility
lines due to construction of the All Aboard Florida project.
v. Any government loans or other principal debt incurred by FEC or All Aboard
Florida shall be at market rate and shall be senior to all other debt, and without
rights of future subordination, encumbering FEC and All Aboard property,
equipment and rail lines, such that FEC and/or All Aboard Florida shall be solely
responsible for the repayment of all loans/debt and there will be no taxpayer
exposure/liabilities of any kind for default by FEC or All Aboard. Florida.
b. The City of Delray Beach City Commission requests that All Aboard Florida. be
required to provide written agreement that current municipal leases with FEC for such
uses as parking, rights-of-way, sidewalks and landscaping will not be negatively
impacted not will lease payments be increased due to the enhanced crossings or other
All Aboard Florida requirements.
B. Public Safety and Welfare — The City Commission of the City of Deltay Beach requests that All
Aboard Florida be required to comply with the following at its sole cost:
a. Structure proposed All Aboard Florida train schedules to minimise impacts to motorists
and minimize delay to emergency vehicles; and
b. Provide all 12 at -grade railtoad crossings located within the City of Delray Beach with
Pedestrian Crossings and other necessary safety measures in accordance with applicable
Federal, State or industry requirements; and
c. Endeavor to expeditiously undertake efforts to provide commuter rail service on the
FEC tracks, including upgrades and improvements necessary to accommodate
commuter rail service.
d. Endeavor to expeditiously undertake efforts to reach agreement(s) among FDOT,
South Florida Regional Transportation Authority (SFRTA), South Florida Commuter
Services SFCS), and the tri county MPOs to permit Tri -Rail Coastal Link to begin tri -
county commuter rail service on the FEC railroad, including the appropriate upgrades
and improvements to accommodate both commuter and freight trains.; and
e. Work with municipal, county, state, and federal agencies to detern ine means and
methods to move freight off the current FEC rail lines.
C. Envixonment — The City Commission of the City of Delray Beach requests that All Aboard
Florida be required to:
a. Provide protection from any negative impacts caused as a result of the. All Aboard
Florida project to the endangered species and ecosystem in the City of Dela-ay Beach;
and
b. Provide protection from any negative impacts caused as a result of the All Aboard
Flotida project to the recreational resources located in the City of Delray Beach that are
within ')d0 feet of the FEC corridor.
4 RES. NO. 28-15
Section 3. That the City COmrDission of the City of Delray Beach encourages any
participating agency, including the Federal Rail Adiivnisttation and any other federal agency and the
State of Florida and its agencies to require All Aboard Florida to pay for the costs of All Aboard
Florida including quiet zones and corridor improvements.
Section 4. That the City Commission of the City of Delray Beach shares the concerns of
its neighboring local governments regarding the negative impacts of All Aboard Florida's proposed rail
passenger and increased height services and supports these governments' efforts to mitigate the
impacts of All Aboard Florida on their communities and residents.
Section 5. That copies of this Resolution shall be sent to the Federal Railroad
Administration, the Governor of the State of Florida, all state legislators representing Palin. Beach
County, all members of Congress representing residents of Palm Beach County, and representatives of
All Aboard Florida.
Section G. That this resolution shall becotne effective immediately upon passage.
PASSED AND ADOPTED this 5th day of May, 2015.
ATTEST:
City Clerk
-/-., .XL
CARY D. Ll 1STETN, M A R
RES. NO. 28-15
7/13/2015 itwebapp/NovusAgenda/Preview.aspx?Item I D=9127&M eeti ngID=565
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: April 29, 2015
SUBJECT: AGENDA ITEM 9.A.- MEETING OF MAY 5.2015
RESOLUTION NO.28-15/ALL ABOARD FLORIDA
BACKGROUND
The Commission recently asked the City Attorney to prepare a Resolution expressing the City's
position with respect to "All Aboard Florida" (AAF). As the Commission is already aware, AAF is
proposing to construct a privately owned and operated intercity passenger railroad system that will
connect Orlando and Miami, with intermediate stops in Fort Lauderdale and West Palm Beach.
The initial direction from the City Commission was to include in the Resolution issues of local concern
to the City that need to be addressed as a condition of City support. Among the local issues
preliminarily raised by members of the Commission were; the creation and funding of quiet zones,
mitigating local environmental impacts, the City's financial costs for improvements and maintenance,
commitment for future commuter rail service, double tracking, minimizing delays for emergency and
life safety vehicles, and market rate project financing secured by FEC property and equipment.
The attached Resolution was prepared by the City Attorney as an initial draft to generate discussion and
identify the wide range of potential issues raised by the AAF project. I expect Commission feedback
and direction to refine and narrow the final Commission position with respect to this project.
RECOMMENDATION
Commission discretion.
http://itwebapp/NovusAgenda/Preview.aspx?Item ID=9127&MeetingID=565 1/1