Loading...
HomeMy WebLinkAboutBOCC Informal Workshop Packet 03-20-2009 ~~rw~u`~r` ~c1, ~ ° a~ .as~ug • ~ s • AGENDA Friday, March 20, 2009 2:00 P.M. INFORMAL WORKSHOP ` 1. CALL TO ORDER - COMMISSIONER LEWIS, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS 2. INTERLOCAL SERVICE BOUNDARY AGREEMENT: 171 FS A. COUNTY RESOLUTION NO. 08-382: INITIATING RESOLUTION 1. 171 ISSUES OUTLINE B. FORT PIERCE RESOLUTION N0. 09-06: RESPONDING RESOLUTION 3. MARCH 30T" COUNTY-CITY )OINT MEEfING 4. QUESTIONS AND ANSWERS ~ ~ ~ a~ ~ ~ CONFERENCE ROOM #3 ROGER POITRAS ADMINISTRATION ANNEX 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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 wi?I be sworn in. Any parry to the proceedings will be granted the opportuniry 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) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Item ~ AGENDA REQUEST ITEM NO. IX ~ _ ' _ - - DATE: December 9, 2008 ~ REGULAR [XX] ~ . - ~ PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Proposed Interlocal Service Boundary Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Bonrd ndopt Resolution No. 08- 382. COMMISSION ACTION: CONCURRENCE: ~ APPROV D [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator ~ Review and Approvals v' i County Attorney, ~ Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Growth Mgmt. Dir~ County Eng.: Mu Satterlee ~:n~nce.: (Check for copy only, i f applirablel Ft- 5/oF ~ ' " ~ . ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • . . TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 08-1828 DATE: December 1, 2008 SUBJECT: Proposed Interlocal Service Boundary Agreeinent BACKGROUND : Part II, Chapter 171, Floridn Statutes, entitled the "Interlocal Service Boundnry Agreement Act" provides an alternative to Part I of Chapter 171 for locnl governments regarding annexation of territory into a municipnlity. The Act also provides for the establishment of a more flexible process for nd justing municipal boundaries. A copy of the Act is attached. Attached for discussion purposes is a copy of draft Resolution No. 08-382 which, if adopted, would initiate discussions with the City of Fort Pierce regarding the development of nn interlocal service boundnry agreement. RECOMMENDATION/CONCLUSION : Staff recommends that the Board adopt Resolution No. 08-382. Respecftblly submitted, ` i ~ ~ , 1..,--, ; _U ~ ~ J ; ~ Dnniel 5. McIntyre~~ ' County Attorney ~ DSM/caf Attnchments RESOLUTION NO. 08-382 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, INIIZATING THE PROCE55 FOR NEGO~TIATION OF AN INTERLOCAL SERVICE BOUNDARY AGREEMENT PROVIDED FOR THEREUNDER FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH HEREIN. WHEREAS, Part II, Chnpter 171, Florida Statutes, entitled the "Interlocal Service Boundnry Agreement Act" (Act) provides nn alternative to Part I of said Chnpter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorpornted area of the county; and WHEREAS, the Act further intends to establish n more flexible process for adjusting municipnl boundaries and to address a wider range of the effects of annexntion; und WHEREAS, n more flexible nnd clear process provides greater certainty is appropriate and desirnble within St. Lucie County; and WHEREAS, the overriding gonl of the process set forth within the Act is to promote sensible boundnries thnt reduce the cost of local government, avoid duplicnting locnl services and increase political transqarency and accountnbility; and WHEREAS, it is the intent of the Bonrd of County Commissioners of St. Lucie County, Florida, ("Board") to initiate discussions with the City of Fort Pierce ("City") regarding the development of an interlocal 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 Boctrd 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 interlocnl service boundary ngreement to address issues concerning plnnning, annexation and service delivery for the areas identified below. 2. The governing body of St. Lucie County hereby defines the unincorporated and ~n~or~orated areas to be discussed as Areas A nnd B as defined in the mnp attached to this Agreement as Exhibit "A", which mnp delinentes 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 nnnexed by the City pursuant to City Resolution No. 08-48 -1- are not delineated on the map as current properties within the boundaries of the City, but nre within the map arens to be discussed under this resolution. 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 replncement or modification of the requirements of Ch. 171, Part I, Fla. Stat. (2007); B. Identify municipal service areas, as defined in 5171.202(11)(n), Fla. Stat., for the City within which the City may plan for nn nnnex, and conversely, unincorporated service nrens, as defined in ~171.202(16)(0), Fla. Stat., which may not be nnnexed without the consent of the County. C. Address development of the Treasure Const Research and Development Authority Research Park and surrounding areas which the Board desires shnll remain unincorporated; and implementation of a planning chnrette with the Bonrd, the City and the Research and Development Authority to discuss all issues related to the development of the Park. ~wj;~ ~ 1 D. Address regulatory authority over the St. Lucie County Jail. F. Address the incorporation and exercise of those joint planning procedures set forth in ~163.3171, Fla. Stat. (2007), based on boundaries established in paragraph B nbove; G. Address the ability of the City to annex any and all unincorporated areas contnined within municipal service nrens identified in paragraph B above, regardless of whether the area to be annexed is contiguous as defined in ~171.031(11), Florida Statutes, or compact as defined ~171.031(12), Florida Statutes; H. Discuss the nbi lity of the City to annex cany and al) County-owned land, including but not limited to roads and rights-of-way, contained within municipal service areas identified in parngrnph B above, without further approval or consent by St. Lucie County. In the alternative, if no municipnl service area is agreed to, the process and criteri4 by which the City can annex County- owned Innd, including but not limited to roads and rights-of-way, into its municipnl boundaries; I. In the event municipal service nrens are agreed to, discuss the process and estublishment of a schedule for annexation of areas within those service areas, pursunnt to ~171.203(6)(e); J. Address the appropriate length of term for the interlocal service boundnry Cqree~ee^± Q:1C~ t~'l2 r^OC~SS f^f"~7Q.^lCG~IC !'2V:S:4~, CS !'OgUlror~ t,i~~ Go~tiCn ~71,2Q3{12~, FlOf!~Q Sj'4tatoc~ K. Identification of the loca~ government responsible for delivery or funding of services within the municipal service nreas and the unincorporated service nrea identified in ~ ~ _2_ paragraph B nbove, pursuant to ~ 171.203(6), Florida Statutes, including public safety; fire, emergency rescue and medicnl; water and wastew4ter; road ownership, construction and maintenance, conservation, parks, nnd recrention; stormwater manngement; nny other services or infrastructure not currently provided for by an electric utility or naturnl gns transmission company, and nny other service delivery issues including the ubility of the City to serve the areas to be annexed; discuss the procedures by which environmental permits related to the services above shnll be modified nnd transitioned to the locnl government identified as responsible for provision of such service. K. In the event of the estnblishment of municipal service nreas pursunnt to paragraph B nbove, discuss the incorporation and exercise of those joint planning procedures set forth in Ch. 163, Part II, Florida Statutes, and in particular g163.3171, Florida Statutes, including the establishment of procedures for preparing nnd adopting comprehensive plan amendments, administering land development regulntions nnd issuing development orders. L. Discuss improving coordination of trnnsportntion concurrency impacts on each jurisdiction's transportation network including collection of proportionate fnir 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 wns as follows: Chnirman Paula A. Lewis XXX Vice Chairman Chnrles Grande XXX Commissioner Chris Dzadovsky XXX Commissioner poug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this day of December, 2008. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairmnn 4PPfZQVFl1 E1S T{~ FQRA1~ AN~ CORRECTNE55: BY: County Attorney -3- _ _ Indian River County ; ; ~-r;~-n , ~-~,J- ;~j~ ij ~ , ~~~i~l ~ ~~i / /i/ X'. , / j j ~ r i~' „ ` ; ' ~ ~ ` LEGEND %%i'' %/i ; j j / i , i ~ ~ ~ j~j/% ~ ~ ~ ~ ~ / ~y ~%j ~ ~ ~ istin Ci Limits ; ~ : , ~ / ~ebru~ry 2D04j ~ / ; r /i ~ i/, j~, ~ ~ _ FPUA reIa+, servi ~ ~ / t~ area (a~cdArea ~ ~ i jj ~ j ~j j % ~ ~ ~ ~ gt Lucie Coun gervice ~ ~ : i~ j/; /j!j i/ / ~j'•t Area (a-i~fa Are~a Bj -~%,T,- ~ ~ ~ / / ' / % i j~ ~ r . . zt \ y~ , 1 f-'~`~ ~ ~ ~ / & ~ St. Lucie County Airport ~ .L ; ~ ~ ; ' . /i j ~i 4 ` , ~ 1 ? ~ - ` Water ;ines (ewsting) ~ . ~ j i i , ~ Sewer (ines (exisiing) - ~t j/ ~ ~ ~ ~ ~ Gas lines (ex;shng) ~ ~/;i/ ! ~n(y Urban Svc i , - tSOllfiddfY / ° r4 % , , / / ~ ~ ~ ~ Ot~hers ervice by ~i ~ _ , J '~s /x~' //J// / T J !a~..i ~J : / ~ 7'~ ~ ~i%/ j / ~ ; ~ ' / . ~ c { ~ / ~ ~ / ~ _ ~t\ , ~ t1 ~//~/;~~j~ ~ ~ \ i~ / , , , ~ , . , , '/i i / / ' - ` , . ;f _ , ~ ~ / j ~ / /1 i~~~ ~ ' . ~«~W ~ ~ t ~ ~ w 1 va F . te ~ ~ ~ , ~ ~ ~ ~ ~ t ~ . i ' , o ~ ~ . , n % ~ ~ ` _ ~ ' t''~,t'"' : 'r.~~'~~ > ~ , ~ ~ ~ 4 1 i ~ / i i ~ ~ ~ ~ - ~ 1~ ~ ~ti ~ • ' ~ ~ ~ i/i i. , . . . ~ ~ ~ ; . ~ i i ~ . . . . _ ~ - : ~ / ~ ~ / ~ ~i . ~ ~'Fe J / ~i -~f.t;i . ~ ~ . _ ~F1 1.\ Z ? J '/i ~ ~ '1~ 1 M~'~~,,~R:, ~ ~ ~ ~ ~ t~ / / / i str ~ y ~ ~ ~ A ~ , ' ~ / f~ ~ ~ ; _ ~ `'z'-, ~ i - , ~ . ~ i ~ ~ , ~ Jr ~ (~r,{~ ~a~ i~ ~ f l/i . ~ ~ t "3r ~Y~ ` ~ 4? ~ „ ~j"// i ~ • - _ ~ - ~ ~ ~ ~ , ~ _ ~ l! . . . ~ % ' i ~ . p ~ ~ ~ ~ ~ / ' t* ~ p ~ ~ +~S ~ ~ (J/ ' IF- --w'.,.^--~+-->c , - 'i7~~if~' ~ ~ ~ / ~i ~:n,'- ' > _ ~S ~ ~ ~ / ~ ~ ~y t'i/~ +t ~ ~ . I ~ # ~ ~ I,~~i a 6MS 9M$ t L j t Q f _ j . ~ ~ _ ' t ~ " ~ " : : = ; , i' ~ i~*sa~rur ~ ~ ' ~'4. J' ! . ~~-~..:_s ~ ~ 1 ~ EXHIBIT 1 ~ ~ . ~ _ ~ ~ ~ ~ ~ ~ PRgp~O UT(LITY~U~T}iORI-T'~'CERCF~ i ~ ~ . i ~ ~ ~ I ?i/ ` ~ / s ~ ~ ~ / ~ ~ - ~m„E, ~~'ii ~ ~ ~ ~,4.~ ~ ' i ; j f : ~ y,,.- ~ . ^a _ _ - } i~ # .t. ~~.E~ ,~Fj N z~~_.___._ ' ' Martin County ~ 4~. Ch. 171 LOCAL GOVERNMENT BOUNDARIES F.S, 20~ of impairment of existing district contracts, disposition annexed area in accordance with subsection (4}, tr of property and equipment of the independent district geographical boundaries of the district shall contract ~ and any assumption of indebtedness for it, the status exclude the annexed area on the effective date of tr and employee rights of any adversely affected empioy- beginning of the 4-year period provided for in subse~ ees of the independent district, and any other matter tion (4). Nothing in this section precludes the contra~ reasonably related to the transfer of responsibilities. tion of the boundary of any independent special distri (4)(a) If the municipalitjr and the district are unable by special act of the Legislature. The district shall ~ to enter into an interlocai agreement pursuant to sub- levy ad valorem taxes or assessments.on the annexE section (3), the municipality shail so advise the district property in the calendar year in which its boundariE and the property appraiser and tax collector of the contract and subsequent years, but it may continue county in which the annexed property is located and, collect and use all ad valorem taxes and assessmen effective October 1 of the calendar year immediately levied in prior years. Nothing in this section prohibi following the calendar year in which the municipality the district from assessing user charges and impa declares its intent to assume service responsibilities in fees within the annexed area while it remains the se the annexed area, the district shall remain the service vice provider. provider in the annexed area for a period of 4 years. ~7) In addition to any other authority provided t During the 4-year period, the municipality shall pay the law, a municipality is authorized to levy assessmen district an amount equal to the ad valorem taxes or on property located in an annexed area to offset all assessments that would have been collected had the a portion of the costs incurred by the municipality property remained in the district. assuming district responsibilities pursuant to this se (b) By the end of the 4-year period, or any exten- tion. Such assessments rnay be collected pursuant and in accordance with applicable law. sion mutualiy agreed upon by the district and the ~g~ This section does not appiy to districts creatE municipality, the municipality and the district shall enter Pursuant to chapter 190 or chapter 373. into an agreement that idenYrfies the existing district History.-s. B, ch. 2000-304; s. 29, ch. 2001-60. property located in the municipality or primarify serving the municipality that will be assumed by the municipa!- 171.094 Effect of interlocal service bounda ity, the fair market value of such property, and the man- agreements adopted under part II on annezatio~ ner of transfer of such property and any associated under this part.- indebtedness. If the municipality and district are unable (1) An interlocal service boundary agreeme to agree to an equitable distribution of the district's entered into pursuant to part II is binding on the partif property and indebtedness, the matter shall proceed to to the agreement, and a party may not take any actic circuit court. In equitably distributing the districYs prop- that violates the interlocal service boundary agre erty and associated indebtedness, the taxes and other ment. revenues paid the district by or on behalf of the resi- (2) Notwithstanding any other provision of this pa dents of the annexed area shal! be taken into consider- without the consent of the county, the affected muni~ ation. paliry, or affected independent special district by res (c) During the 4-year period, or during any mutually lution, a county, an invited municipality, or independe agreed upon extension, district service and capital special district may not take any action that violates ~ expenditures within the annexed area shall continue to interlocal service boundary agreement. be rationally related to the annexed area's service History.-s. 4, ch. 2006-218. needs. Service and capital expenditures within the PART 11 annexed area shall also continue to be rationaliy related to the percentage of district revenue received ~NTERLOCAL SERVICE BOUNDARY AGREEMENT: on behalf of the residents of the annexed area when compared to the districYs total revenue. A capital 171.20 Shor[ titfe. expenditure greater than $25,000 shall not be made by 171 _201 Legislative intent. ~ the district for use primarily within the annexed area ~71.202 Definitions. without the express consent of the municipality. 171.203 Interfocal service boundary agreement. (5) If the municipality elects not to assume the dis- 171.204 Prerequisites to annexation under this pai tricYs responsibilities, the district shall remain the ser- 171.205 Consent requirements for annexation of lai vice provider in the annexed area, the geographica! under this part. boundaries of the district shall continue to include the 171.206 Effect of interlocal service boundary ar~ annexed area, and the district may continue to levy ad agreement on annexations. valorem taxes and assessments on the real property 171207 Transfer of powers. located within the annexed area. If the municipality 171.208 Municipal extraterritorial power. cfcC'ts tC aSSG'fTl° tfl~ Li!St(ICt'S respons+biiiiies Ifl ~(~.Gd~ l:•OUilt'}! IiICOfElGiaicu ?i~@3 ~:,CVV°f. accordance with subsection (3), the districYs bounda- 171.21 Effect of part on interlocal agreement ai ries shall contract to exclude the annexed area at the county charter. time and in the manner provided in the agreement. 171.211 Interlocal service boundary agreement pr (6) If the municipality efects to assume the districYs sumed valid and binding. responsibilities and the municipality and the district are 171.212 Disputes regarding construction and effe unable to enter into an interlocal agreement, and the of an interlocal service boundary agre district continues t9 remain the service provider in the ment. - 1606 g~~~ F g, 2008 LOCAL GOVERNMENT BOUNDARIES Ch. 171 e 171.20 Short title.-This part may be cited as the include one or more independent special district's as p •Interlocal Service Boundary Agreernent Act." parties to the agreement. History-s. 7, ch. 2005-2~8. ~J~ "Invited local government" means an invited e county, municipality, or special district and any other . 171.201 Legislative intent.-The Legislature ~ocal govemment designated as such in an initiating ,t intends to provide an alternative to part I of this chapter resolution or a responding resolution that invites the ~t forlocal governments regarding the annexation of terri- local government to participate in negotiating an . tory into a municipality and the subtraction of territory }nterlocal service boundary agreement. d from the unincorporated area of the county. The princi- • S Pa? goal of this part is to encourage local governments (10) "Invited municipalit~' means an initiating munic- ° to Jointly determine how to provide services to residents ~Pality and any other municipality designated as such in 5 ro e in the most efficient and effective manner an initiating resolution or a responding resolution that S and p p rtY invites the municipality to participate in negotiating an ,t while balancing the needs and desires of the commu- interlocal service boundary agreement. nity. This part is intended to establish a more ftexible 1~"Municipal service area" means one or more of rocess for adjusting municipal boundaries and to p the following as designated in an interlocal service ~y address a wider range of the effects of annexation. This boundary agreement: .S Part is intended to encourage intergovemmental coor- ~a) An unincorporated area that has been ident'rfied dination in planning, service delivery, and boundary in an inferfocal service boundary agreement for munici- ~ adjustments and to reduce intergovemmental conflicts Pal annexation by a municipafity that is a party to the and Vitigatian between loca! govsmments. It is the intent a reement. :o of this part to promote sensible boundaries that reduce g~b} An unincorporated area that has been identified the costs of local governments, avoid duplicating local in an interlocal service boundary agreement to receive ,d services, and increase political transparency and municipal services from a municipality that is a party to accountability. This part is intended to prevent ineffi- the agreement or from the municipaliry's designee. cient service delivery and an insufficient tax base to ~~2~ uNotified local government" means the counry support the delivery of those services. •y H;Story.-s. ~r,. 2oos-2~e. or a municipafity, other than an invited municipality, that s receives an initiating resolution. 171.202 Definitions.-As used in this part, the (13) "Participating resolution" means the resolution ~t te~: adopted by the initiating local government and the ,S (1) "Chief administrative office~' means the munici- invited local government. pal administrator, municipal manager, county man- (14) "Requesting resolution" means the resolution ager, county administrator, or other officer of the munic- adopted by a municipality seeking to participate in the ipafity, county, or independent special district who negotiation of an interlocal service boundary agree- t, reports directiy to the goveming body of the local gov- ment. emment. (15) "Responding resolution" means the resolution (2) "Enclave° has the same meaning as provided in adopted by the county or an invited municipality which ~t ' s. 171.031. responds to the initiating resolution and which may i~ (3) °Independent special district" means an identify an additional unincorporated area or another independent special district, as defined in s. 189.403, issue for discussion, or both, and may designate an which provides fire, emergency medical, water, additional invited municipa(ity or independent special wastewater, or stormwater services. district. (4) "Initiating county" means a county that com- (16) "Unincorporated service area" means one or mences the process for negotiating an interlocal ser- more of the foltowing as designated in an interlocal ser- ' vice boundary agreement through the adoption of an vice boundary agreement: initiating resolution. (a) An unincorporated area that has been identified (5) "Initiating local government" means a county, in an interlocal service boundary agreement and that municipality, or independent special district that com- may not be annexed without the consent of the county. mences the process for negotiating an interlocal ser- ~b) An unincorporated area or incorporated area, or t. vice boundary agreement through the adoption of an both, which have been identified in an intertocal service ~d initiating resolution. boundary agreement to receive municipal services (6) "Initiating municipality" means a municipality from a county or its designee or an independent special ;a that commences the process for negotiating an ~istrict. interlocal service boundary agreement through the History.-s. 1, ch. 2006-218. adoption of an initiating resolution. (7) °Initiating resolution" means a resolution 171.203 Interiocal service boundary agreement.- 3C~Opted ~y a count~j, municipalitv; or independeni sUe- T~ ~e ~vVcfilii iC~ v0u)1 Of 3 COUfI±y a~ri nna Qr mn~g ~d cial district which commences the process for negotiat- municipalities or independent speclal districts within ing an interlocal service boundary agreement and the county may enter into an interlocal service bound- which identifies the unincorporated area and other ary agreement underthis part. The goveming bodies of issues for discussion. a county, a municipafity, or an independent special dis- ct (8) "Interlocal service boundary agreemenY' means trict may develop a process for reaching an interlocal an agreement adopted under this part, between a service boundary agreement which provides for public county and one or more municipalities, which may participation in a manner that meets or exceeds ihe 1607 + Ch. i71 LOCAL GOVERNMENT BOUNDARIES F.S, 20p requirements of subsection (13), or the goveming bod- responding resolution by United States certified mail t ies may use the process estabiished in this section. the chief administrative oificer of the initiating count~ (1) A county, a municipality, or an independent each invifed municipality, if any, and each independer special district desiring to enter into an inter~ocal ser- special district that received an initiating resolution. vice boundary agreement shall commence the negotia- (c) An invited municipafity that was invited by tion process ~jy a r~~~ ~p~;ating rPSOl~tion. The responding resolution shall adopt a responding resol~ initiating resoiution must identify an unincorporated tion in accordance with paragraph (b). ~'~U c_~~~ea or incorporated area, or both, to be discussed and {d) Within 6Q days affer receipt of the initiating resc n Z e issues to be negotiated. The identified area must be lution, any independent special district that received a specified in the initiating resolution ~by a descriptive initiating resolution and that desires to participate in th exhibit that includes, but need not be iimited to, a map negotiations shall adopt a resolution indicating that or legal description of the designated area. The issues intends to participate in the negotiation process for th for negotiation must be listed in the initiating resolution interlocal service boundary agreement. Within 7 day and may include, but need not be limited to, the issues after the adoption of the resolution, the independer listed in subsection (6). An independent special district special district shall send the resolution by Unite may initiate the interlocal service boundary agreement States certified mail to the chief administrative officer < for the purposes of dissolving an independent special the county, the initiating municipality, each invite district or in response to a proposed annexation that municipality, if any, and each notified local governmen would remove more than 10 percent of the taxable or (3) A municipality within the county which is not a assessable value of an independent special district. invited municipafiiy may request participation in th (a) The initiating resolution of an initiating county negotiations for the interlocal service boundary agreE must designate one or more invited municipalities. The ment. Such a request must be accompfished by adop initiating resolution of an initiating municipality may ing a requesting resolufion within 60 days after receiF designate an invited municipality. The initiating resolu- of the initiating resolution or within 10 days after receiF tion of an independent special district must designate of the responding resolution. Within 7 days after adoF one or more invited municipalities and invite the county. tion of the requesting resolution, the requesting munic (b) An_initiatinp county shal e initiatinq rss- pality shall send the resolution by United States cert olution b United ~ ief fied mail to the chief administrative officer of the initia a ministrative officer of every invited municipaliry and ing local government and each invited municipalit~ ~~5~~ ~ eac o er murncipa i y within the county. An initiating The county and the invited municipality shall considE municipality shall send the initiating resolution by whether to allow a requesting municipality to participai United States certified mail to the chief administrative in the negotiations, and, 'rf they agree, the county an officer of the county, the invited municipality, if any, and the municipality shall adopt a participating resolutie each other municipafity within the county. allowing the requesting municipafity to participate in th (c) The initiating local government shall also send negotiations. the initiating resolution to the chief administrative offi- (4) The county, the invited municipalities, the pa cer of each independent special district in the unincor- ticipating municipalities, if any, and the independe~ porated area designated in the initiating resolution. special districts~~f anV haVB aL~~ntPfl ? rPCllll ltf(lft t(]~na (2) Within 60 days after the receipt of an initiating ticipate, shall beqin neaotiations within 60 days aftE ~n resolution, the count or he mvited munici a(ity, as receip~~he resnnndmo resolution or a participatin appropnate, s a adopt a responding resolution. The resolution, whichever occurs later. responding resoiution may ~denti y an a i i I unin- (5) An invited municipality that fails to adopt ~J ~ corporated area or incorporated area, or both, for dis- responding resolution shall be deemed to waive its rigl cussion and may designate additional issues for nego- to participate in the negotiation process and shall LsP ~-~-~'~~'~'~'L~iation. The additional identified area, if any, must be bound by an interlocal agreement resulting from sucf-~, specified in the responding resolution by a descriptive negotiation process, if any is reached. exhibit that includes, but need not be limited to, a map (6) An interfocal service boundary agreement m~ or legal description of the designated area. The addi- address any issue concerning service delivery, fisc. tional issues designated for negotiation, if any, must be responsibilities, or boundary adjustment. The agre~ listed in the responding resolution and may include, but ment may include, but need not be limited to, provisior need not be limited to, the issues listed in subsection that: (6). The responding resofution may also invite an addi- (a) Identify a municipal service area. tional municipafity or independent special district to (b) Identify an unincorporated service area. negotiate the interlocal service boundary agreement. (c) Identify the local govemment responsible fc f~~ (a) ~Lithin 7 days after the adoption of a res o ing the delivery or funding of the following services with - luticn res^or;..;r.g co~nt~ s a~ Gencs the tne municipal service area or the uni~~corporated se ~G~~~~~ re~pondinq resolution bv rn ed States certified mail to vice area: the chief administrative officer of the initiatin murnci- 1. Public safety. ~,{~al~ity,~ each invited municipality, i any, and the 2. Fire, emergency rescue, and medical. i~pendent special district that received an initiating 3. Water and wastewater. ~f resolution. 4. Road ownership; construction, and maint~ ~ (b) Within 7 days after the adoption of a responding nance. ~V,,,~~ resolution, an invited municipality shall send the 5. Conservation, parks, and recreation. .,~(i'~ 1608 ~ ; F.s. 2oos LOCAL GOVERNMENT BOUNDARIES Ch. 171 ~ g. Stormwater management and drainage. state and the annexing municipality meets the criteria ~d) Address other services and infrastructure not set forth. t ~urrently provided by an electric utiliry as defined by s. (9) Each local government that is a party to the ggg.p2(2) or a natural gas transmission company as interlocal service boundary agreement shall amend the j defined by s. 368.103(4). However, this paragraph intergovernmental coordination element of its compre- ' does not affect any territorial agreernent between elec- hensive plan, as described in s. 163.3177(6)(h)1., no trical utifities or public utilities under chapter 366 or later than 6 months following entry of the interloca! ser- ' ~ affect the determination of a territoriai dispute by the vice boundary agreement consistent with s. ~ Public Service Commission under s. 366.04. 163.3177(6)(h)1. Plan amendments required by this , ~ ~e) Estab(ish a process and schedule for annexa- subsection are exempt from the twice-per-year limita- tion of an area within the designated municipai service tion under s. 163.3187. ' area consistent with s. 171.205. (10) An affected person for the purpose ot challeng- ~ (f} Establish a process for land use decisions ing a comprehensive plan amendment required by 't consistent with part II oi chapter 163, including those paragraph (6)(f) includes a person who owns real prop- ~ made jointly by the goveming bodies of the county and erty, resides, or owns or operates a business within the 'f the municipality, or allow a municipality to adopt land boundaries of the municipal service area, and a person ~ use changes consistent with part I I of chapter 163 for who owns real property abutting real property within the ~ areas that are scheduled to be annexed within the term municipal service area that is the subject of the com- ~ of the interlocal agreement; however, the county com- prehensive plan amendment, in addition to those other ' prehensive plan and land devetopment regulations affected persons who would have standing under s. ' shall control until the municipality annexes the properry 163.3184. and amends its comprehensive plan accordingiy. Com- (11)(a) A municipality that is a party to an interlocal 't prehensive plan amendments to incorporate the proc- service boundary agreement that identifies an unincor- 't ess estab(ished by this paragraph are exempt from the porated area for municipal annexation under s. " twice-per-year fimitation under s. 163.3187. 171202(11)(a) shall adopt a municipal service area as (g) Address other issues concerning service defiv- an amendment to its comprehensive plan to address ery, including the transfer of services and infrastructure future possible municipal annexation. The state land and the fiscal compensation to one county, municipal- planning agency shall review the amenciment for com- ity, or independent special district from another county, pliance with part II of chapter 163. The proposed plan " municipality, or independent special district. amendment must contain: e (h) Provide for the joint use of facilities and the 1. A boundary map of the municipal service area. d colocation of services. 2. Population projections for the area. ' ~ (i) Include a requirement for a report to the county 3. Data and analysis supporting the provision of e of the municipality's planned service delivery, as pro- public facilities for the area. vided in s. 171.042, or as otherwise determined by (b) This part does not authorize the state land plan- " agreement. ning agency to review, evaluate, determine, approve, 't (j) Establish a procedure by which the local gov- or disapprove a municipal ordinance relating to munici- ' ernment that is responsible for water and wastewater pal annexation or contraction. services shall, within 30 days after the annexation qr (c) Any amendment required by paragraph (a) is g subtraction of territory, apply for any modifications to ,exempt from the twice-per-year limitation under s. permits of the water management ciistrict or the Depart-,, 163.3187. a ment of Environmental Protection which are necessary (12) An interlocal service boundary agreement rriay ~t to reflect changes in the entity that is responsible for be for a term of 20 years or less. The interlocal service e managing surface water under such permits. boundary agreement must include a provision requiring h (7} If the interlocal service boundary agreement periodic review. The interlocal service boundary agree- ' addresses responsibilities for land use planning under ment must require renegotiations to begin at least 18 Y chapter 163, the agreement must also establish the months before its termination date. i~ procedures for preparing and adopting comprehensive (13) No earlier than 6 months after the commence- ` plan amendments, administering fand development ment of negotiations, either of the initiating local gov- S regulations, and issuing development orders. ernments or both, the county, or the invited municipality (8) In order to ensure that the health and welfare of may declare an impasse in the negotiations and seek the residents affected by annexation will be protected, a resolution of the issues under ss. 164.1053- all fire and emergency medical services shafl be pro- 164.1 Q57. If the local governments fail to agree at the vided by the existing provider of fire and emergency conclusion of the process under chapter 164, the local ~ medica! sen!ices to the annexed area and remain wart govemments shall hold a joint public hearing on the oT the exisiing municipai service taxing unii or 5~'iBCidi i5S(i2S i815cd in the negetia*i~RS. district unfess: (14) When the focal govemments have reached an (a) The county and annexing municipality reach an interlocal service boundary agreement, the county and agreement, through interlocal agreement or other the municipality shall adopt the agreement by ordi- legalfy sufficient means, as to who shall provide these nance under s. 166.d41 or s. 125.66, respectively. An ' emergency services; or independent special district, if it consents to the agree- (b) A fire rescue services element exists for the ment, shall adopt the agreement by final order, resolu- respective county's comprehensive plan filed with the tion, or other method consistent with its charter. The 16Q9 Ch. 171 LOCAL GOVERNMENT BOUNDARIES F•S• 200 interlocal service boundary agreement shall take effect annexation of land not contiguous to the boundaries , on the day specified in the agreement or, if there is no the annexing municipality, an annexation that create date, upon adoption by the county or the invited munici- an encfave, or an annexation where the annexed a~e pality, whichever occurs later. This part does not pro- is not reasonably compact; however, such area mu; hibit a county or municipafity from adopting an interlocal be "urban in characte~' as defined in s. 171.031(8). Th , service boundary agreement without the consent of an interlocal service boundary agreement may not allo independent special district, unless the agr~eement pro- for annexation of land within a municipality that is not vides for the dissolution of an independent special dis- party to the agreement or of land that is within anothc trict or the removal of more than 10 percent of the tax- county. Before annexation of land that is not contigi able or assessable value of an independent special dis- ous to the boundaries of the annexing municipality, a trict. annexation that creates an enclave, or an annexatic (15) For a period of 6 months following the failure of of land that is not currentfy served by water or sewf the local govemments to consent to an interlocal ser- utilities, one of the following options must be followe, vice boundary agreement, the initiating local govern- (1) The municipality shall transmit a comprehei ment may not initiate the negotiation process estab- sive plan amendment that proposes specific amenc fished in this section io require the responding local ments relating to the property anticipated for annex~ government to negotiate an agreement concerning the tion to the Department of Community Affairs for revie same identified unincorporated area and the same under chapter 163. After considering the department issues that were specified in the failed initiating resolu- review, the municipality may approve the annexatic tion. and comprehensive plan amendment concurrentl (16) This part does not authorize one local govern- The local government must adopt the annexation ar ment to require another local govemment to enter into the comprehensive plan amendment as separate ar an interlocal service boundary agreement. However, distinct actions but may take such actions at a sing when the process for negotiating an interlocal service Public hearing; or boundary agreement is initiated, the local govemments ~2) A municipaliry and county shall enter into a joi~ shall negotiate in good faith to the conclusion of the P~anning agreement under s. 163.3171, which adopted into the municipal comprehensive plan. Tr process established in this section. joint planning agreement must identify the geograph ~ (17) This section authorizes local governments to areas anticipated for annexation, the future land usE simultaneously engage in negotiating more than one that the municipaliry would seek to establish, nece: interlocal service boundary agreement, notwithstand- sary public facilities and services, including transport; ing that separate negotiations concem simitar or identi- tion and school facilities and how they will be provide~ cal unincorporated areas and issues. and natural resources, including surface water ar (18) Elected local govemment officials are encour- 9roundwater resources, and howthey will be protecte~ aged to participate actively and directly in the negotia- An amendment to the future fand use map of a compr~ tion process for developing an interlocal service bound- hensive ptan which is consistent with the joint plannir ary agreement. agreement must be considered a small scale amen~ (19) This part does not impair any existing franchise ment. agreement without the consent of the franchisee, any History.-s. t, ch. 2006-278. existing territorial agreement between electric utilities or public utilities under chapter 366, or the jurisdiction ~7~•205 Consent requirements for annexation ~ of the Public Service Commission to resolve a territorial ~and under this part.-Notwithstanding part I, ~ dispute involving electric utilities or pub(ic utilities in interlocal service boundary agreement may provide accordance with s. 36f.04. fn addition, an interlocal process for annexation consistent with this section ~ agreement entered into under this section has no effect W~th part I. in a proceeding before ihe Public Service Commission ~1) For all or a portion of the area within a desi~ involving a territorial dispute_ A municipality or county nated municipal service area, the interlocal servic shall retain all existing authority, if any, to negotiate a boundary agreement may provide a flexible process f~ franchise agreement with any private service provider securing the consent of persons who are registere for use of pubfic rights-of-way or the privilege of provid- voters or own property in the area proposed for anne ing a service. ation, or of both such voters and owners, for the anne (20) This part does not impair any existing contract ation of property within a municipal service area, wi without the consent of the parties. notice to such voters or owners as required in tr ?+inay.-5. ~n. zoos-z~e. interlocal service boundary agreement. The interloc service boundary agreement may not authorize anne i~y_?pq Proror~~!S~PC tn gnnP~{atip~ ~1~iIEf t~?IS ation unless the c~nsent requirements of part f are m part.- f he interiocai service bounciary agreemeni may or the annexaiion is consenied io by one or more of tf describe the character of land that may be annexed following: under this part and may provide that the restrictions on (a) The municipality has received a petition f~ the character of land that may be annexed pursuant to annPxa __+~r~m ^,^ro thAf1 ~i(1 ~ orron4 nf tFtP ~o~ r~ part I are not restnctions on land that may be annexed ~tPrs v~~h~ rac~~iP in thP area prn nsP~+ t^ be an pn y~ pursuant to this part. As determined in the interiocal {b) The annexation is approved by a majority of tt service boundary agreement, any character of land registered voters who reside in the area proposed to t may be annexed; including, but not limited to, an annexed voting in a referendum on the annexation. 1610 F,S, 2008 LOCAL GOVERNMENT BOUNDARIES Ch. 171 The municipality has received a petition for (2) Notwithstanding part I, without consent of the annexation from more than 50 percent of the persons county and the affected municipafity by resolution, a Who own property within the area proposed to be county or an invited municipality may not take any annexed. action that violates the interlocal service boundary (2) lf the area to be annexed includes a privately agreement. owned solid waste disposal facility as defined in s. (3) If the independent special district that partici- 403.703(33) which receives municipai solid waste col- pated in the negotiation process pursuant to s. lected within the jurisdiction of multipie local govern- 171-203(2}(d) does not cansent to the interlocai service ments, the annexing municipality must set forth in its boundary agreement and a municipality annexes an plan the effects that the annexation of the solid waste area within the independent special district, the disposal facility wili have on the other local govern- ~ndependent special district may seek compensation ments. The pian must also indicate that the owner of using the process in s. 171.093. History.-s. 1, ch. 2006-278. the affected solid waste disposal facility has been con- tacted in writing concerning the annexation, that an 171.207 Transfer of powers.-This part is an atter- agreement between the annexing municipality and the native provision otherwise provided by law, as author- solid waste disposal facility to govern the operations of iZed in s. 4, Art. VIII of the State Constitution, for any the solid waste disposal facility if the annexation occurs transfer of power resulting from an interlocal service has been approved, and that the owner of the sofid boundary agreement for the provision of services or the waste disposal facility daes not object to the proposed acquisition of public facilities entered into by a county, annexation. municipality, independent special district, or other (3) For afl or a portion of an enclave consisting of entity created pursuant to law. , more than 20 acres within a designated municipal ser- "~nOry.-5.,. 2°°6-z,a. vice area, the interlocal service boundary agreement 1~1.208 Municipal extraterritorial power.-This may provide a flexible process for securing the consent Part authorizes a municipality to exercise extraterritorial of persons who are registered voters or own property in Powers that include, but are not fimited to, the authority ~ the area proposed for annexation, or of both such vot- to provide services and facilities within the unincorpa ers and owners, for the annexation of property within rated area or within the territory of another municipality , such an enclave, with notice to such voters or owners as provided within an interlocal service boundary as required in the interlocal service boundary agree- agreement. These powers are in addition to other • ment. The interlocal service boundary agreement may municipal powers that otherwise exist. However, this not authorize annexation of enclaves under this sub- Power is subject to the jurisdiction of the Public Service I section unless the consent requirements of part I are Commission to resofve territoria~ disputes under s. met, the annexation process includes one or more of 366.04. An interlocal agreement has no effect on the the procedures in subsection (1), or the municipality resolution of a territorial dispute to be determined by I has received a petition for annexation from one or more the Pubfic Service Commission. persons who own real property in excess of 50 percent History.-s. t, ch. 2006-218. of the total real property within the area to be annexed. (4) For alt or a portion of an enclave consisting of 171.209 County incorporated area power.-As f 20 acres or fewer within a designated municipal service provided in an interlocal service boundary agreement, , area, within which enclave not more than 100 regis- this part authorizes a county to exercise powers within i tered voters reside, the i~terlocal service boundary a municipality that inctude, but are not limited to, the • agreement may provide a flexible process for securing authority to provide services and facilities within the ter- the consent of persons who are registered voters or ritory of a municipafity. These powers are in addition to . own ro ert in the area ro osed for annexation, or of other county powers that otherwise exist. P P Y P P History.-s. 1, ch. 2006-218. . both such voters and owners, for the annexation of ~ properry within such an enclave, with notice to such 171.21 Effect of part on interlocal agreement and I voters or owners as required in the interlocal service county charter.-A joint planning agreement, a charter • boundary agreement. Such an annexation process provision adopted under s. 171.044(4), or any other • may include one or more of the procedures in subsec- interlocal agreement between local governments i tion (1) and may allow annexation according to the including a county, municipality, or independent special • terms and conditions provided in the interfocal service district is not affected by this part; however, a county, ~ boundary agreement, which may include a referendum municipality or independent special district may avail • of the registered voters who reside in the area pro- itself of this part, which may result in the repeal or modi- ! pesed ie b° annexed. fication of a joint pfannina aareement or other interlocal . Hisiory.-5. 1, ch. 2W6-2iB; s. 11, cn. 2G07-~; s. 32, ci~. 26uo-4. ag(ggmenl. A iocal goverr~rneni Witllll i a COUt'ity ifS3i has adopted a charter provision pursuant to s. 171.2D6 Effect of interlocal service boundary area 171,044(4) may avail itself of the provisions of this part ~ agreement on annexations.- which authorize an interlocal service boundary agree- (1) An interlocal service boundary agreement is ment if such interiocal agreement is consistent with the , binding on the parties to the agreement, and a party charter of that county, as the charter was approved, may not take any action that viofates the interlocal ser- revised, or amended pursuant to s. 125.64. vice boundary agreement. H~~corr.-5. ~n. zoos-2,e. 1611 Ch. 177 LOCAL GOVERNMENT BOUNDARIES F.S. 2~ 171.211 Interlocal service boundary agreement 171.212 Disputes regarding construction a presumed valid and binding.- effect of an interlocal service boundary agreement (1) If there is litigation over the terms, conditions, If there is a question or dispute about the construct construction, or enforcement of an interlocal service or effect of an interlocal service boundary agreemE boundary agreement, the agreement shall be pre- a local government shall initiate and proceed thro~ sumed valid, and the challenaer has the burden of the conflict resolution procedures established in ch, provino its invalidit~ ter 164. 1f th re is a fail~re to resolve the nnfli~t (2) Notwithstanding part I, it is the intent of this part laterthan 30 davs followina the conclusion of the oro, to authorize a municipality to enter into an interlocal dures established in chanter 764 the local aov~~m, service boundary agreement that enhances, restricts, mav fde an aciinn in circuit cou~t For ~~r~o~Pi~ or precludes annexations during the term of the agree- vernment" means a pa~y ment. h' ~ e boundary agreement. Hisiory.-5. 1, ch. 2006-218. History.-s. 1, ch. 2006-218. 1612 Item 2A~ 171 ISSVES OUTLINE TERM: Maximum of 20 years per Section 171.203(12) [Renegotintion must begin nt least 18 months before the termination date] PARTIES: St. Lucie County City of Fort Pierce [Note: City of Port St. Lucie and any Independent Tnxing Districts within unincorporated service area may request participntion in the negotiations per Section 171.203(2) nnd (3) SERVICE AREAS: - Identify municipal service area - Identify unincorporated service nreQ Services : - Public Safety - Water nnd Wastewnter (Existing Interlocal Agreement) - Fire, emergency rescue and medical (St. Lucie County Fire District) - Rond ownership, construction and maintenance - Conservation, parks and recreation - Stormwnter manngement nnd drainage Service Deiivery Issues: - Tronsfer of services and infrnstructure (e.g. roads, drainage, pnrks) - Report by City of City's planned service delivery - 3oint use of facilities ANNEXATION AREA: - tied to service nrens? - process; schedule H~ \MISC\171 Issues Outline.wpd -1- Voluntnry Annexntions within the municipal service area: - Eliminate contiguity requirement? Effect on service delivery. - - Eliminnte compactness requirement? Effect on service delivery.' - Allow creation of enctaves? Effect on service delivery. - Exempt County facilities/properties from annexation? Involuntnry (Legislative) Annexations: - Develop "flexible process" for securing consents to nnnexations. Statute does not empower the pnrties to waive "consent" by Interlocnl Service Boundar}~ Aqreement. - At initial meeting, City staff seemed to "tie" City agreement on the interfocnl service boundnry agreement to ngreement by County on specified "legislntive" annexations. - Require the City to undertoke/fund n fiscul annlysis impnct upon the County regnrding nnnexations under their process. SPECIAL SITES: Resenrch Park: - Agreement not to annex? Void previous consent to annex? - Joint planning/chnrette of nrea surrounding pnrk - Infrastructure delivery nnd services Airport: - Agreement not to nnnex? - Void previous consent to annex? - Identify unincorporated service aren? - Discuss permitting-land use control (Airport Industrial Park West) H: \MISC\171 Issues Outline.wpd 'Z' f r Lnndf i I I : - Current agreement allows City to nnnex in 2009. - Renegotiate - Discuss permitting-Innd use con.trol Jail: - Agreement not to nnnex? - Voids previous consent to nnnex - Discuss permitting-land use control LAND USE/ZONING/CONCURRENCY - Incorporate service nreas into comprehensive plans - Clarify when City may rezone annexed property (after inclusion in City's comprehensive plan or upon annexation) - Joint Plnnning? - Concurrency management system agreement H:\MISC\171 Issues Outline.wpd -3- Item 2 S u rv ~ ~ ~ ~ ~ . , ~ _ - - Lort~a - - - c i t OFFICE OF THE CITY MANAGER TEL (772) 460-2200 CITY HALL, 100 NORTH U.S. 1 FAX (772) 48~8042 P.O. BOX 1480 ' www.cityoffortpierce.com FORT PIERCE, FLORIDA 34954-1480 ~ February 6, 2009 Ms. Faye W. Outlaw, MPA Via Certified Mail County Administrator Return Receipt Requested St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Resolution No. 09-06 Dear Ms. Outlaw: Attached is a certified copy of Resolution No. 09-06, responding to an initiating resolution of St. Lucie County and setting out in accordance with Florida Statutes . §171.203(6) certain alternative or additional issues for negotiation and discussion. Si , ; ~ ~ ; ~ David L. Recor City Manager DLR:jdr Attachment c: Robert V. Schwerer, City Attorney Cassandra Steefe, City Cferk RESOLUTION NO. 09-06 A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF FORT PIERCE, ST. LUCIE COUNTY, FLORIDA, PURSUANT TO CHAPTER ]71, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, RESPONDING TO AN INITIATING RESOLUTION UF ST. LUCIE COUNTY AND SETTING OUT IN ACCORDANCE WITH FLA. STAT. § 171.2Q3 (6) CERTAIN • ALTERNATIVE OR ADDITIONAL ISSUES FOR NEGOTIATION AND DISCUSSION. WI3EREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary Agreement AcY' (Act) provides an altemative to Part I of said chapter for local governments regarding the annexation of territory to a municipalit}~ and the subtraction of territory from the unincorporated area of the County; and i WHEREAS, the Act provides as its principal goal the encouragemer.t of local governments to jointly determine how to provide services to residenu and property in the most efficient and effective manner while balancing the needs and desires of the community and is further intended to encourage intergovemmental coordination and planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigatio~ between locai governments; and WAEREAS the Act is intended to prevent inefficient service delivery and an insufficient tax base to suppert the delivery of those services; and WHEREAS, there is in hand St. Lucie County Resolution No. OS-382, as initiated by the Board of County Commissioners in accordance with the Act, wherein said resolution proposes for discussion certain issues, the ma}ority of wtvch the CITY believes are adequately addressed heretofore by policies and procedures existing or put into place by the CITY and with the consent and agreement of St. Lucie County, including but not limited to, an interlocal Agreement dated February 10. 2004, as agreed to between the FPUA, St. Lucie County and Fort Pierce, and the City's Comprehensive Plan which provides for annexation of properties within the Fort Pierce Utilities Authoriry boundary in an orderly manner promoting efficiency of public service provision and economic vitaliry, wherein St. Lucie County participated in a review of the City's 2007 Comprehensive Plan rewrite without raising objections and thus consented to annexation by the CITY of properties within the urban service area; and WHEREAS, Fla. Stat. 71.203 (2) provides that the City's responding resolution in repiy to the initiating resolution of St. Lucie County may include as additional issues certain Resolution No. Q9-06 Page 2 concems including but not necessarily limited to delivery or funding of services such as public safety, fire, emergency rescue, medical, waste and waste water, road ownership, construction and maintenance, conservation, parks and recreation, storm water management and drainage, and other services and infrastructure_ and WHEREAS, it is the intent of the City Commission of the City of Fort Pierce, Florida, to respond to the County's initiating resolution with discussion so as to address the immediately above-referenced concerns. NOW, THEREFORE be it resoJved by the City Commission of the City of Fort Pierce, Florid~, as follows: 1. The City Commission hereby adopts this responding resolution pursuant to the Act and invites the Counry, by reply, to commence negotiations pissuant to the Act so as to enter into an Interlocal Service Boundary A~reement addressing those certain issues conceming planning and service delivery for the azeas identified below 2. The governing body of the City of Fort Pierce hereby defines the unincorporated and incorporated azeas to be discussed as Areas A and B as defined in the map and documents attached to the County's initiaang resolution, which map delineates the cturent properties within the boundaries of the City and the current properties in the unincorporated County to be discussed under this resolution. 3. The Commission hereby identifies the issues to be negotiated as follows: (a) Disposition by the County of its utility authority inasmuch as the Fort Pierce Utility Authority is able to service the customers of said County utility authority in a more cost effective manner. (b) Creation by the County of a cleaz, mathematical formulation for computation of fair share development contributions, amenable to understanding by persons of reasonable, ordinary intelligence, so as to conform with requirements of state law. (c) Creation by the County of a developmeni plan for the 20- acre parce( at Hazbour Pointe. (d) Conveyance by the County in fee simple to the City of park lands heretofore discussed including, but not limited to the fire station on the beach, the boat ramp parking lot and certain other pmpenies. (e) Implementation by the County of a charrette regarding the Lawnwood Regional Recreational Park, with such proceeding to subsequently result in creation by the Count}- of a master plan for Lawnwood Recreational Park, so as to establish a united, coherent plan for that very important community resource. Resolution No. 09-06 Page 3 (e) Implementation by the Counry of a charrette regarding the Lawnwood Regional Recreational Park, with . such proceeding to subsequently result in creaLion by the County r of a master plan for Lawnwood Recreational Park, so as to establish a united, coherent plan for that very important community resource. Cessation by the County of any further approval of gated corrimunities within the urban service azeas, inasmuch as svch communities aze ultimately annexed into the City and are not conducive to the creation of a unified whole with respect to municipal services and prevent the inhabitants of such communities from fully associating and trading with others within the Ciry, socially and economically. (g) Implementation and enforcement by the Counry of its ob(igatians previously agreed to with Creekside and insistence by ihe County that Creekside live up to its own obligations for the provision of utilities west of the Tumpike, wherein those agreements are viewed as not being enforced currendy by either the County or Creekside, wherein neither is providin~ for the utility services necessary so as to support further development in that area. (h) Correction by the County of certain deficiencies with drainage and paving on County residential roads, both within the City limits and adjacent to City limits, upon understanding that once such deficiencies are cured the Ciry may then address County concems about the City assuming responsibility for such roads incident to annexation of adjoining lands of such roads. (I) Initiation by the County of a request for creation of an MSTU for property north of the Research Park and south of Orange Avenue, wherein such request may not originate with the City but must be initiated by the County. (j) Withdrawal by the Counry of objections with respect to continued annexation by the City of properties within the FPUA retail service azea. (k) Support of the County for legislative annexation of various area of the FPUA retail service area including the Sheraton Plaza and Orange Blossom Estates subdivisions. (1) Cessation by the Counry of any further approvals for storm water retention/detention ponds located along public roadways unless water features, enhanced landscaping, and other requirements are provided for consistency with the Citv's storm water retention/detention ordinance. (m) Cessation by ihe Counry of any further approvals of all metal buildings and implement design review~ standards that are compatible with the City's design review standards. E I I Resolution No. 09-06 Page 4 (n) Correction by the County to improve the Site Plan and Concurrency Review process by sending the City all site development applications to City Staff for review. (o) implementation of the County to coordinate and exchange GIS database information with the City as the City implemenu iu GIS system. (p) Correction by the County to improve and update u~affic counts for all roads within the Counry as the current database contains outdated and disputed figures. Additionally, the County shal] establish a joint system to monitor and track all approved projects within the County and City to accurately account for all committed trips on the surrounc3ing roadway network. (q) Correction by the County to improve coordination with the City on all projects thai may be par[ of the Greenway and Trails master plan relating to transii and pedesvian connecti~~ity. Addikonally, the Counry may coordinate efforts with the City to look for additional ~ails and connections within the City and along beach and waterfront properties such as Indian River Drive. (r) Restoration of County roadways located within City limits to include drainage improvements, construction of sidewalks for pedestrian connectivity and resurfacing of roadways in poor condition. (s) Provide maintenance and necessary improvements to drainage facilities under County jurisdiction which are located within the City limits. (t} Establish policy with regards to jurisdiction and maintenance responsibilities of street right-of-ways and drainage right- of-ways/easements for newly annexed parcels into the City. 4. The City Manager or his designee is hereby directed to provide a copy of this Resolution by l3nited States Certified Mail to the County Administrator for St, Lucie County, as the Chief Administrative Officer of the County in its initiating capacity. BE IT FURTHER RESOLVED that this Resolution is and the same shall become effeclive immediately upon adoption. IN WITNESS WHEREOF, this Resoluuon has been duly adopted on the 2nd dav of February,2009. r---- ~r-- Robe . enton, Mayor A'ITEST: STATE OF F~ORIDA ST. LUC!E CUUNTY CiTY OF FOrT; PIEEt~~ THI5 IS TO CERTtFY THAT Cassandra Steele, City Clerk 7H~5 ~S h T~.~~t ANU CORRFCT CO°•~ p~ TH"c (CTTY SEAL) R:~'JF,~'S ~tv FtL~ tf! THIS ~-CS?FiC}~. - ~ Cs--~- r~ G7Y ~LcP~1-- C 1 ?LY ~'I naTE ~crrv sr:~~~