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Home My WebLink About01-14-2005 FP/FPUA fl_- '-" AGENDA ~ JANUARY 14, ZOOS 2.00 P.M. JOINI MEEIING WIIH IHE CITY OF FORT PIERCE AND THE FORT PIERCE UTILITIES AUTHORITY 1. CALL TO ORDER/ COMMISSIONER FRANNIE HUTCHINSON, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS - CALL TO ORDER/MAYOR BOB BENTON, CITY OF FORT PIERCE - CALL TO ORDER/DARRELL DRUMMOND, CHAIRMAN OF THE FORT PIERCE UTILITIES AUTHORITY 2. INTRODUCTIONS/ COMMISSIONER FRANNIE HUTCHINSON, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS - MAYOR BOB BENTON, CITY OF FORT PIERCE- DARRELL DRUMMOND, CHAIRMAN OF THE FORT PIERCE UTILITIES AUTHORITY 3. PRESENTATION BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON FUTURE REOIONALlZA TION OF WATER AND WASTE WATER FACILITIES 4. ANNEXATION ISSUES A. Road Impact Fees/Stormwater Fees should be contributed to County Road/Stormwater Improvements within the Annexed Areas/or Assume Maintenance Responsibility. B. State Statutes s. JOINT PLANNING AGREEMENT OUTSTANDING ISSUES A. Research/Education ParR B. Stormwater Fees 6. REQUEST FROM ST. LUCIE COUNTY TO THE FORT PIERCE UTILITIES AUTHORITY FOR $100,000.00 TOWARD THE SOUTH 26TH STREET MSBU. 7. CONSTRUCTION OF TWO ADDITIONAL FLOORS TO THE DOWNTOWN PARKING GARAGE - CRA FINANCING REQUEST 8. QUESTION AND COMMENTS/BOARD OF COUNTY COMMISSIONERS 9. PUBLIC COMMENT 10. ADJOURN COUNTY COMMI"ION CHAMBER' ROGER POITRA' ADMINI,TRATION ANNEX DOO VIRGINIA AVENUE FORT PIERCE, FL ....2 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any adion taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. Individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- 1TT7 or TDD (T12) 462-1428 at least forty-eight (48) hours prior to the meeting. " '-" ......, JOINT PLANNING AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE CITY OF FORT PIERCE This Joint Planning Agreement (the "Agreement") made and entered into as of the day of ' 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County"), the CITY OF FORT PIERCE, a Florida municipal corporation (hereinafter referred to as the "City). (The County and City are sometimes collectively referred to as the "Parties".) WIT N E SSE T H: WHEREAS, it is the purpose and intent of this Agreement, the Parties hereto, and the Florida Interlocal Cooperation Act of 1969, as amended and codified as Section 163.01, Florida Statutes (the "Cooperation Act"), and Section 163.3171/ Florida Statutes, to permit the City and the County to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby to provide the property, facilities and services provided for in this Agreement in the manner that will best accord with the existing and anticipated resources available to each of them and with geographic, economic, population and other factors influencing the needs and developments within an area ("Planning Area"), as designed on the attached map as Exhibit "A"; and, WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the Parties may exercise their respective powers, privileges and authorities which they might now or in the future share in common and which each might exercise separately; and, WHEREAS, the Parties recognize that proper intergovernmental coordination is essential for sound growth management; and, WHEREAS, a joint planning area agreement will provide a basis for the evaluation of future development applications as well as for the adequate and cost effective provision of public services within the Planning Area; and, WHEREAS, the County has adopted a Comprehensive Plan within an established Urban Services Boundary which is depicted on Exhibit "A"; and, WHEREAS, the City has adopted a Comprehensive Plan which applies within the current boundaries of the City which are depicted in Exhibit "A"; and, G: \atty\agreemnt\i nterloc \FP-JP A -1- '-" ,.." WHEREAS, the Parties seek to identify future annexation areas and have compatible land uses adjacent to their common boundary; and, WHEREAS, the Parties seek to promote sustainable economic development and quality job creation through mixed-use development patterns and shall work cooperatively to preclude urban sprawl; and / WHEREAS, effective intergovernmental relations will improve the delivery of public services; and, WHEREAS, Section 163.3171, Florida Statutes, authorizes municipalities and counties to enter into joint agreements for the purposes of joint action in the preparation and adoption of the comprehensive plan, procedures for the administration of land development regulations or the land development code applicable thereto and other purposes under the Local Government Comprehensive Planning and Land Development Act, Section 163.3161, et.seq., Florida Statutes. WHEREAS, the Local Government Comprehensive Planning and Land Development Act requires joint agreements entered into pursuant thereto to be formally stated and approved in appropriate action by the governing bodies involved and the administration be governed by the Florida Interlocal Cooperation Act of 1969; and, WHEREAS, the City and the County have held public hearings with public notice thereof to consider the adoption of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the City and the County agree as follows: ARTICLE 1 AUTHORITY 1.1 Authority. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163, Florida Statutes; Section 163.171/ Florida Statutes, and other applicable provisions of law, all as amended and supplemented from time to time. G: \atty \agreemnt \ inter 10 C \ FP ·JP A -2- '-" "'wI ARTICLE 2 DEFINITIONS 2.1 Definitions. The following definitions shall apply to this Agreement: Agreement: The inter local planning agreement. ~ The City of Fort Pierce, Florida. Cooperation Act: The Florida Interlocal Cooperation Act of 1969 as amended and codified as Section 163.01/ F.S. County: St. Lucie County, Florida. Development Permits: Development Permit includes any building permit, zoning permit, subdivision approval, rezoning, certification, certificates of occupancy, building inspections, special exception, variance or any other official action of local government having the effect of permitting the development of land. Parties: St. Lucie County, Florida, and the City of Fort Pierce, Florida. Planning Area: The area depicted in Exhibit "A". ARTICLE 3 PURPOSE, FINDINGS, INTENT 3.1 The purpose of this Agreement is to provide the procedures for joint action by City and the County within the Planning Area in the preparation and adoption of changes to the comprehensive plan and on procedures for the administration of land development regulations or the land development code applicable thereto. 3.2 It is the intent of the parties to provide for the management of growth within the Planning Area by providing for the administration of comprehensive plan and land development regulations for the Planning Area. ARTICLE 4 COMPREHENSIVE PLAN, LAND DEVELOPMENT REGULATIONS AND CODE ENFORCEMENT 4.1 To provide for better integrated land use planning and land development within the Planning Area, the Parties agree as follows: G: \atty \agreemnt\interloc \FP-JP A -3- ~ ......, 4.1.1. The City agrees to provide the County Administrator and County Attorney with 30 days prior notice of all annexations into the City (fir~t reading of annexation ordinance). This notice shall include copies of all agreements, contracts or other similar instruments effecting any voluntary annexations. The County agrees to provide any comments it may have on the proposed annexation to the City Manager and City Attorney at least seven (7) days prior to the first reading of the annexation ordinance. The City shall consider such comments in their review of the annexation ordinance. 4.1.2 In order to properly coordinate land use and development activities within the community, the County shall provide the City Manager and City Attorney, and the City shall provide the County Administrator and County Attorney, with a copy of any application for Development of Regional Impact (D.R.I.), Comprehensive Plan amendment, rezoning, creation of a special district, subdivision plat, variance, conditional use, special exception, annexation, site development plans, road, infrastructure plans or other type of application for land development order approval (excluding individual building permits) which is proposed in the area shown on Exhibit "A". This information shall be provided at least 30 days prior to final action on the referenced items, and include a schedule for review and comment of such applications that allows for adequate time to respond by the receiving party. 4.1.3 Within 30 days of receipt of any application described in Paragraph 4.1.2, the entity receiving the notice shall have the option of providing written comments. The entity processing the application shall consider any such comments in the review of the application and/or deliberations as related to the request. Any comments submitted for consideration shall be deemed part of the record for any final determination by the City or the County. 4.2 Except as provided herein, neither the City's or the County's duties, obligations, or responsibilities under any section of this Agreement shall affect the Parties' right, duty, obligation, authority or power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. In no event shall the Parties, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals for development permits except through its established processes and in accordance with applicable provisions of law. Failure to provide notice pursuant to this Agreement shall not affect any land use development approvals. 4.3 In order to facilitate the economic development of the City and the County within the Fort Pierce Utility Service Area as identified in that certain agreement dated February 10, 2004, the City and the County agree to cooperate to extend water and sewer services to the property identified in Exhibit "B" (need to identify vacant commercial and industrial land). 4.4 In order to facilitate the development of the County's proposed Research Park by the County in conjunction with the State of Florida and others, the City agrees not to annex G: \atty\agreemnt\interloc \FP·JP A -4- '-" ......, the property described in Exhibit "C" for a period of fifteen (15) years from the date of this Agreement. 4.5 The County and the City agree to cooperate in the development and implementation of policies and regulations to preserve the White City historical district. ARTICLE 5 MISCELLANEOUS 5.1 Amendments. This Agreement may be amended by the mutual written agreement of the County and the City at any time from time to time, which amendments shall become effective upon filing thereof with the Clerk of the Circuit Court of St. Lucie County, Florida, pursuant to Section 163.01(11), Florida Statutes. 5.2 Assignment. None of the parties may assign or transfer any or all of its duties, rights, responsibilities. or obligations under this Agreement to any other party or any person not a party to this Agreement without the express prior approval of the other party to this Agreement. 5.3 Severability. The provisions of this Agreement are severable, and it is the intention of the parties to confer the whole or any part of the powers herein provided for and if any of the provisions of this Agreement or any other powers granted by this Agreement shall be held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and executed had such unconstitutional, invalid or void provision or power not been included therein. 5.4 Members of the City and County Not Liable. (1) All covenants, stipulations, obligations and agreements of the City and the County contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the City and the County, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. (2) No covenant, stipulation, obligation or agreement controlled herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future individual member of the governing body or agent or employee of the City or the County in its, his or their individual capacity, and neither the members of the Governing Body of the City or the County or any official executing this Agreement shall individually be liable personally or G: \atty\agreemnt\ínterloc \FP-JP A -5- '-' ....., shall be subject to any accountability by reason of the execution by the City or the County of this Agreement or any act pertaining or contemplated hereby. 5.5 Term of the Agreement The initial term of this Agreement shall be twenty (20) years from the Effective Date. The term of the Agreement shall be automatically extended in five (5) year increments unless either party notifies the other party of its desire to terminate the Agreement which notice must be provided in writing at least ninety (90) days before the end of the then current term. 5.6 Beneficiaries. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this Agreement or any provision hereof. It is the intent of the parties hereto that this Agreement and all its provisions are intended to be and are for the sole and exclusive benefit of the parties hereto. 5.7 Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given or filed with the City or the County shall be deemed sufficiently given or filed for all purposes of this Agreement if and when sent by registered mail, return receipt requested, or by direct personal delivery: To the County: St. Lucie County Administrator (With a copy to St. Lucie County Attorney) 2300 Virginia Avenue Fort Pierce, Florida 34982 To the City: Fort Pierce City Manager (With a copy to City of Fort Pierce Attorney) Post Office Box 1480 Fort Pierce, Florida 34954 5.8 Execution of Agreement. This Agreement shall be executed in the name of the City by its Mayor and City Clerk and approved as to form and execution by the City Attorney, and the seal of the City affixed hereto. If any officer whose signature appears on this Agreement ceases to hold office before all officers shall have executed this Agreement or prior to the filing of this Agreement as provided in Section 6.11 hereof, his or her signature G: \atty\agreemnt\interloc \FP-JP A -6- '-' "'wI shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear the signature of, or may be signed by, such individuals as at the actual time of the execution of this Agreement shall be the proper and duly empowered officer to sign this Agreement and this Agreeme,nt shall be deemed to have been duly and properly executed even though on the Effective Date any such individual may not hold office. 5.9 Filing with Circuit Court Clerk. The County is hereby authorized and directed after approval of this Agreement by the Governing Body of the County and the City and the execution thereof by the duly qualified and authorized officers of each of the parties hereto as provided, to file this Agreement with the Clerk of the Circuit Court of St. Lucie County, Florida, as provided in Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF FORT PIERCE, FLORIDA ATTEST: BY: City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney G: \atty\agreemnt\i nterloc \FP-JP A -7- '-' ...,,; AGENDA JANUARY 14, ZOOS ZaOO P.M. 'OINI MElliNG WITH THE CITY OF FORT PIERCE AND THE FORT PIERCE UTILITIES AUTHORITY 1. CALL TO ORDER/ COMMISSIONER FRANNIE HUTCHINSON, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS - CALL TO ORDER/MAYOR BOB BENTON, CITY OF FORT PIERCE - CALL TO ORDER/DARRELL DRUMMOND, CHAIRMAN OF THE FORT PIERCE UTILITIES AUTHORITY 2. INTRODUCTIONS/ COMMISSIONER FRANNIE HUTCHINSON, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS - MAYOR BOB BENTON, CITY OF FORT PIERCE - DARRELL DRUMMOND, CHAIRMAN OF THE FORT PIERCE UTILITIES AUTHORITY 3. PRESENTATION BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON FUTURE REGIONALlZATION OF WATER AND WASTE WATER FACILITIES 4. ANNEXATION ISSUES A. Road Impact Fees/Stormwater Fees should be contributed to County Road/Stormwater Improvements within the Annexed Areas/or Assume Maintenance Responsibility. B. State Statutes s. JOINT PLANNING AGREEMENT OUTSTANDING ISSUES A. Research/Education ParR B. Stormwater Fees 6. REQUEST FROM ST. LUCIE COUNTY TO THE FORT PIERCE UTILITIES AUTHORITY FOR $100,000.00 TOWARD THE SOUTH 26TH STREET MSBU. 7. CONSTRUCTION OF TWO ADDITIONAL FLOORS TO THE DOWNTOWN PARKING GARAGE - CRA FINANCING REQUEST 8. QUESTION AND COMMENTS/BOARD OF COUNTY COMMISSIONERS 9. PUBLIC COMMENT 10. ADJOURN COUNTY COMMISSION CHAMBERS ROGER POITRAS ADMINISTRATION ANNEX DOO VIRGINIA AVENUE FORT PIERCE, FL 1...2 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any adion taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- 1TT7 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' ...., AGENDA JANUARY 14, ZOOS z.OO P.M. 'OINI MEEIING WITH THE CITY OF FORT PIERCE AND THE FORT PIERCE UTILITIES AUTHORITY 1. CALL TO ORDER/ COMMISSIONER FRANNIE HUTCHINSON, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS - CALL TO ORDER/MAYOR BOB BENTON, CITY OF FORT PIERCE - CALL TO ORDER/DARRELL DRUMMOND, CHAIRMAN OF THE FORT PIERCE UTILITIES AUTHORITY 2. INTRODUCTIONS/ COMMISSIONER FRANNIE HUTCHINSON, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS - MAYOR BOB BENTON, CITY OF FORT PIERCE - DARRELL DRUMMOND, CHAIRMAN OF THE FORT PIERCE UTILITIES AUTHORITY 3. PRESENTATION BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON FUTURE REGIONALlZATION OF WATER AND WASTE WATER FACILITIES 4. REQUEST FROM ST. LUCIE COUNTY TO THE FORT PIERCE UTILITIES AUTHORITY FOR $100,000.00 TOWARD THE SOUTH 26TH STREET MSBU. s. CONSTRUCTION OF TWO ADDITIONAL FLOORS TO THE DOWNTOWN PARKING GARAGE - CRA FINANCING REQUEST 6. JOINT PLANNING AGREEMENT OUTSTANDING ISSUES A. Research/Education ParR B. Storm water Fees 7. ANNEXATION ISSUES A. Road Impact Fees/Stormwater Fees should be contributed to County Road/Stormwater Improvements within the Annexed Areas/or Assume Maintenance Responsibility. B. State Statutes 8. QUESTION AND COMMENTS/BOARD OF COUNTY COMMISSIONERS 9. PUBLIC COMMENT 10. ADJOURN COUNTY COMMISSION CHAMBERS ROGER POITRAS ADMINISTRATION ANNEX DOO VIRGINIA AVENUE FORT PIERCE, FL 14..2 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- 1TT7 or TDD trn) 462-1428 at least forty-eight (48) hours prior to the meeting. - ... '-' -....I - .' .... ?"" \ ~y~r '¡i¡~'J*Ir- /høC¿'7 ~/~/ //~c;.-£- r- Ii! //'í/ø ~. ~ r-' ~~ð2$;;t::34fl~- ; ~;~~ '- @;:' ~7 .A$//.J.- II.. ~ Ii! /J/J ¿/) ~ ~ ¿:? ¿::-,-v , 1.¡./" ¡/.::- t'J' 5 A-- 6-r,y;;>.Jì..-.' 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