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Home My WebLink About08-382 RESOLUTION NO. 08-382 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PURSUANTT9 CHAPTER 171, PART It, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, INITIATING THE PROCESS FOR NEGOTIATION OF AN INTERLOCAL SERVICE BOUNDARY AGREEMENT PROVIDED FOR THEREUNDER FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH HEREIN. WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary Agreement Act" (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county; and WHEREAS, the Act further intends to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; and WHEREAS, a more flexible and clear process provides greater certainty is appropriate and desirable within St. Lucie County; and WHEREAS, the overriding goal of the process set for.th within the Act is to promote sensible boundaries that reduce the cost of local government, avoid duplicating local services and increase political transparency and accountability; and WHEREAS, it is the intent of the Board of County Commissioners of St. Lucie County, Florida, ("Board") to initiate discussions with the City of Fort Pierce ("City") regarding the development of an inter local service boundary agreement to address the above referenced concerns. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. The Board hereby adopts this initiating resolution pursuant to the Act and invites the City to commence the negotiations process under the Act to enter into an inter local service boundary agreement to address issues concerning planning, annexation and service delivery for the areas identified below. 2. The governing body of St. Lucie County hereby defines the unincorporated and incorporated areas to be discussed as Areas A and B as defined in the map attached to this Agreement as Exhibit "A", which map delineates the current properties within the boundaries of the City and the current properties in the unincorporated County to be discussed under this resolution (note that the properties proposed to be annexed by the City pursuant to City Resolution No. 08-48 are not delineated on the map as current properties within the boundaries of the City I but are within the map areas to be discussed under this resolution.) -1- 3. The Board hereby identifies the issues to be negotiated as follows: A. The process, definitions, and criteria for voluntary and referendum annexations within Areas A and B in replacement or modification of the requirements of Ch. 171, Part I, Fla. Stat. (2007); B. Identify municipal service areas, as defined in s171.202(11)(a), Fla. Stat., for the City within whiCh the City may plan for an annex, and conversely, unincorporated service areas, as defined in s171.202(16)(a), Fla. Stat., which may not be annexed without the consent of the County. The County believes that the FPUA Retail Service Area (a/k/a Area A) and the St. Lucie County Utility Service Area (a/k/a Area B)as identified on Exhibit 1 to the February 10, 2004 Interlocal Agreement between the parties, should form the basis for this discussion. C. Address development of the Treasure Coast Research and Development Authority Research Park and surrounding areas which the Board desires shall remain unincorporated; and implementation of a planning charette with the Board, the City and the Research and Development Authority to discuss all issues related to the development of the Park. D. Address regulatory authority over the St. Lucie County Jail. E. Address development of the St. Lucie County International Airport which the Board desires shall remain unincorporated. F. Address the development of the Glades Road Landfill which the Board desires shall remain unincorporated. G. Address the incorporation and exercise of those joint planning procedures set forth in 8163.3171, Fla. Stat. (2007),based on boundaries established in paragraph B above; H. Address the ability of the City to annex any and all unincorporated areas contained within municipal service areas identified in paragraph B above, regardless of whether the area to be annexed is contiguous as defined in s171.031(11), Florida Statutes, or compact as defined s171.031(12), Florida Statutes; I. Discuss the ability of the City to annex any and all County-owned land, including but not limited to roads and rights-of-way, contained within municipal service areas identified in paragraph B above, without further approval or consent by St. Lucie County. In the alternative, if no municipal service.area is agreed to, the process and criteria by which the City can annex County-owned land, including but not limited to roads and rights-of-way, into its municipal boundaries; J. In the event municipal service areas are agreed to, discuss the process and establishment of a schedule for annexation of areas within those service areas, pursuant to s171.203(6)(e); -2- K. Address the appropriate length of term for the inter local service boundary agreement and the process for periodic review, as required by Section 171.203(12), Florida Statutes; . L. Identification of the. local government responsible for delivery or funding of services within the municipal service areas and the unincorporated service area identified in paragraph B above, pursuant to 3171.203(6), Florida Statutes, including public safety; fire, emergency rescue and medical; water and wastewater; road ownership, construction and maintenance, conservation, parks, and recreation; stormwater management; any other services or infrastructure not currently provided for by an electric utility or natural gas transmission company, and any other service delivery issues including the abi Iity of the City to serve the areas to be annexed; discuss the procedures by which environmental permits related to the services above shall be modified and transitioned to the local government identified as responsible for provision of such service. M. In the event of the establishment of municipal service areas pursuant to paragraph B above, discuss the incorporation and exercise of those joint planning procedures set forth in Ch. 163, Part II, Florida Statutes, and in particular 3163.3171, Florida Statutes, including the establishment of procedures for preparing and adopting comprehensive plan amendments, administering land development regulations and issuing development orders. N. Discuss improving coordination of transportation concurrency impacts on each jurisdiction's transportation network including collection of proportionate fair share payments. 5. The County Administrator is hereby directed to provide a copy of this Resolution by United States Certified Mail to the Chief Administrative Officer of the City of Fort Pierce. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its adoption. After motion and second, the vote on this Resolution was as follows: Chairman Paula A. Lewis Vice Chairman Charles Grande Commissioner Chris Dzadovsky Commissioner Doug Coward Commissioner Chris Craft AYE AYE AYE AYE AYE PASSED AND DULY ADOPTEt>.this 9th day of December, 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ~)~ ' Chairman -3- -4- BY: / r ~(Lt /'/ Indian River County LEGEND El<istinQ City Limits (February 2004) FPUA retail service area (a1<alArea A) SI. Luc;;ie County Service Area (a-Wa Area B) SI. Lucie County Airport rzza - Water lines (existing) Sewer lines (existing) Gas lines (existing) County Urban Svc Boundary - - ... - ...... Utility Service by Others Y' ... ,- ~ ? ... / C> -. --. ...('11 ..Z --" .-. . :s... . . ........ . . ..I o (l c;> ~ ? lr........~ . . . . . . ......... EXHIBIT 1 PROPOr&D UTILI1Y~ERV~E AREA 81. L IE COUN Y/Fr. ERCE IUTY AU HORI 11 CcmrnunIly De.'f:tc,pment ~<dlc 1f1bmalon Sp;ltIITlt> t ..-----..--.....--- --------..---- --...--....-..--- _.~ . u I . j N Martin County