Agenda 04/08/2008 Item #16F 4
Agenda Item No. 16F4
April 8, 2008
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an Interloeal
Service Boundary Agreement with the North Naples Fire Control and Rescue
District for purposes of providing services to that area annexed into the City of
Naples ("City") pursuant to Ordinance 07-11886, adopted December 19, 2007, by
the City, comprised ofapproximately 204.73 acres, located at 3880 Goodlette-Frank
Road, as requested by Hole in the Wall Golf Club, Inc., a Florida not-for-profit
corporation (204.19 acres), and Royal Poinciana Golf Club, Inc., a Florida not-for-
profit corporation (.54 acres).
OBJECTIVE: That the Board of County Commissioners approves an Interlocal Service
Boundary Agreement with the North Naples Fire Control and Rescue District for
purposes of providing services to that area annexed into the City of Naples ("City")
pursuant to Ordinance 07-11886, adopted December 19,2007, by the City, comprised of
approximately 204.73 acres, located at 3880 Goodlette-Frank Road, as requested by Hole
in the Wal1 Golf Club, Inc., a Florida not-for-profit corporation (204.19 acres), and Royal
Poinciana Golf Club, Inc., a Florida not-for-profit corporation (.54 acres).
CONSIDERATIONS: In 2006, the Florida Legislature passed the Interlocal Service
Boundary Agreement Act, Section 171.20 et. seq., Fla. Stat. ("Act"). The purpose of the
Act is to encourage local governments to jointly determine how to provide services to
residents and property in the area to be annexed in the most effective manner while
balancing the needs ofthe community.
In accordance with the Act, on or about November 27, 2007, the County adopted an
Initiating Resolution to negotiate any and all issues concerning service delivery, fiscal
responsibilities and or boundary adjustments in connection with the annexation. The
City, on or about December 19, 2007, adopted a responding Resolution to the County
which declined Col1ier County's request to negotiate an Interlocal Service Boundary
Agreement, and by Ordinance 07-11886, adopted December 19,2007, the City of Naples
annexed into the City approximately 204.73 acres, as requested by the Hole in the Wall
Golf Club, Inc., a Florida not-for-profit corporation (204.19 acres), and Royal Poinciana
Golf Club, Inc., a Florida not-for-profit corporation (.54 acres).
The County and the Fire District met several times in publicly noticed and publicly open
negotiation sessions to negotiate this Agreement. Despite several requests by the County,
the City of Naples elected not to participate in the publicly noticed and publicly open
negotiation sessions to negotiate this Agreement, and declined to be a party to this
Agreement. The negotiations included discussion of fire prevention services, commercial
recycling, and concurrency as wel1 as other matters as autborized by the Act. It is the
llOsition of the undersilroed attornevs to both the County and the Fire District that
Dursuant to the Interlocal Service Boundary AlUeement Act. a city cannot refuse to
negotiate an Interlocal Service Boundary Agreement. and that this Agreement wil1 be
,....-.
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Agenda Item No. 16F4
April 8. 2008
Page 2 of 11
held to he bindinl! on the City ofNanles. The attached recommended Agreement is the
outcome of the negotiations hetween the County and the Fire District. The highlights of
the Agreement are as follows:
1. The Agreement provides for fire protection services for the annexed area.
2. The City will follow the County's non-residential recycling ordinance
unless and until the City adopts its own non-residential recycling ordinance.
3. With respect to the level of service on Goodlette-Frank Road and at
intersections around the Annexed Area, should any increase in density or intensity of use
beyond that authorized by the current Annexed Area. zoning be permitted or should any
additional development or redevelopment occur within the Annexed Area, the County
and the City will coordinate the review of the development to assess the impacts and
collect any fair share contributions to make necessary intersection improvements as
determined by the County.
4. With respect to stormwater management, should any increase in density or
intensity of use heyond that authorized by the current Annexed Area zoning he permitted,
or should any additional development or redevelopment occur within the Annexed Area,
the City will provide that all stormwater created by such development shall he retained
within the Annexed Area, and that no additional stormwater shall flow out of the
Annexed Area
5. With respect to Emergency Management Services to the Annexed Area,
and for providing necessary Hurricane Shelters, should any increase in density or
intensity of use beyond that authorized by the current Annexed Area zoning he permitted,
or should any additional development or redevelopment occur within the Annexed Area,
the City will coordinate the review of the development with the County to assess the
impacts on Emergency Management Services, and the need for additional Hurricane
Shelters, and collect any fair share contributions as determined by the County.
6. The present solid waste collection under contract by the Board of County
Commissioners, servicing the Annexed Area, shall continue as set forth in Florida
Statutes Section 171.062.
7. The County and District have agreed that they will forego any challenge or
objection to the annexation.
8. To the extent that issues arise in the future, under the Interlocal Service
Boundary Agreement, those issues shall he addressed by Dispute Resolution procedures
provided for in paragraph 11 of the Agreement.
FISCAL IMPACT: There will he a fiscal impact to Collier County. The County will
lose the unincorporated general fund revenue from this annex area.
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Agenda Item No. 16F4
April 8, 2008
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GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item except that by virtue of the Agreement, the County bas taken
steps to attempt to ensure concurrency on Goodlette-Frank Road and intersections around
the Hole in the Wall Golf Club.
RECOMMENDATION: That the Board of County Commissioners approves the
Interlocal Service Boundary Agreement as attached and authorizes the Chairman to
execute the Agreement.
PREPARED BY: Jeffrey A. Klatzkow, Chief Assistant County Attorney
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Agenda Item No. 16 F4
April 8, 2008
Page 4 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16F4
Item Summary:
Recommendation that the Board of County Commissioners approve an Interlocal Service
Boundary Agreement with the North Naples Fire Control and Rescue District for purposes of
providing services to that area annexed into the City of Naples (City) pursuant to Ordinance
07 ~11886, adopted December 19, 2007, by the City, comprised of approximately 204.73
acres, located at 3880 Goodlette.Frank Road, as requested by Hole in the Wall Golf Club,
Inc., a Florida not-far-profit corporation (204.19 acres), and Royal Poinciana Golf Club, Inc., a
Florida not-far-profit corporation (54 acres).
Meeting Date:
4/8/2008 900:00 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
4/1/20082:52 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/1/20083:44 PM
file://C:\AgendaTest\Exoort\ 1 04-Aoril%208. %202008\ 16.%20CONSENT%20AGENDA\16... 4/2/2008
Agenda Item No. 16F4
April 8, 2008
Page 5 of 11
INTERLOCAL SERVICE BOUNDARY AGREEMENT
This Interlocal Service Boundary Agreement ("Agreement") is entered into by and
among Collier County, Florida ("County") and the North Naples Fire Control and Rescue
District ("Fire District").
RECITALS
WHEREAS, Hole in the Wall Golf Club, Inc., a Florida not-for-profit corporation, and
Royal Poinciana Golf Club, Inc., a Florida not-for-profit corporation, submitted a joint petition
for annexation to the City of Naples, Florida ("City") dated October 5,2007; and
WHEREAS, Florida's Interlocal Service Boundary Agreement Act, Sections 171.20 -
171.212, Fla. SIal., ("Act") strongly encourages local governments to determine how to provide
services to residents and property in tbe most efficient and effective manner by establishing
procedures encouraging and allowing for intergovernmental coordination in planning, service
delivery and boundary adjustments during atUlexations and also to avoid conflicts and litigation;
and
WHEREAS, on or about November 27, 2007, the County adopted an initiating
Resolution as prescribed by Scction 17 1.203(1) of the Act to negotiate any and all issues
concerning service delivery, fiscal responsibilities and or boundary adjustments in connection
with the annexation. A copy of this initiating Resolution, together with the area to be atmexed
("Annexed Area"), is attached as Exhibit I; atld
WHEREAS, the City, on or about December 19, 2007, adopted a responding Resolution
to the County which declined Collier County's request to negotiate an Interlocal Service
Boundary Agreement concerning the property to be annexed, a copy of which Resolution is
attached as Exhibit 2; and
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Agenda Item No. 16F4
April 8, 2008
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WHEREAS, pursuant to Ordinance 07-11886, adopted December 19,2007, the City of
Naples almexed into the City approximately 204.73 acres, located at 3880 Goodlette-Frank
Road, as requested by Annexation Petition 07-AX2, submitted by Hole in the Wall Golf Club,
Inc" a Florida not-for-profit corporation (204.19 acres), and Royal Poinciana Golf Club, Inc" a
Florida not-for-profit corporation (.54 acres), a copy of which Ordinance is attached as Exhibit 3;
and
WHEREAS, the Fire District, pursuant to Resolution 07-034, on or about December 13,
2007, also adopted a responding Resolution to the County's Resolution; and
WHEREAS, the County and the Fire District have met in publicly noticed and publicly
open negotiation sessions to negotiate this Agreement; and
WHEREAS, the negotiations included discussion of fire prevention services, commercial
recycling, and concurrency as well as other matters as authorized by the Act; and
WHEREAS, despite several requests by the parties, the City of Naples elected not to
participate in the publicly noticed and publicly open negotiation sessions to negotiate this
Agreement, nor be a party to this Agreement; and
WHEREAS, after consideration, the County and Fire District have determined this
Agreement is in the public interest and for the public's benefit.
NOW, THEREFORE, in consideration of the mutual covenants and promises and the
consideration set forth in this Agreement, the sufficiency of which is acknowledged by the
County and the Fire District, and with the intent to be legally bound, the County and Fire District
mutually agree as follows:
I. Recitals. The foregoing recitals are hereby incorporated into and made part of
this Agreement.
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Agenda Item No. 16F4
April 8, 2008
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2. Fire Services.
a. Term. The Fire District shall remain the service provider to the annexed property.
Upon the expiration of this agreement, the Fire District shall continue to remain
the service provider, including providing permit and plan review and approval,
until such time as the City and Fire District enter into an interlocal agreement to
address the provision of service to the annexed property.
b. District Boundary Contraction. The boundary of the Fire District shall not
contract upon the effecti ve date of the annexation.
c. Premium Tax Revenues. As a result of the Fire District's boundaries not
contracting, the Fire District shall collect the premium tax revenues arising from
the annexed property.
d. As Valorem Taxes. The Fire District shall continue to collect its ad valorem taxes
from the annexed area.
e. User Charges and Impact Fees. The Fire District shall continue to collect user
charges, including false alarm fees, impact fees and any other fees charged by the
Fire District from the annexed area.
r. Plans Examination, Permitting and Inspections. The Fire District shall continue
to review applications for new permits and plan review, The Fire District's
regulations shall apply to those applications for permits and plan review and to
those inspections that oecur after the effective date of the annexation. The Fire
District's fees for plan review, permitting and inspections shall be charged
pursuant to the Fire District's fee schedule. The City shall be prohibited from
issuing the applicable Certificate of Occupancy, or any equivalent approval, if the
associated building has not received the appropriate approval fTom the Fire
District.
g. Employees. Any employee of the Fire District that may be displaced as a result of
the annexation of Hole-in-the-Wall will be considered for employment by the
City in the same capacity or in an equivalent capacity as may be available within
the City.
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Agenda Item No. 16F4
April 8, 2008
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h, Equipment. Any equipment that may be deemed to be surplus by the Fire District
as a result of the annexation of Hole-in-the- Wall will be considered for purchase
or assumption of the lease or other obligation by the City at its then fair value.
i. Survival: It is expressly understood and agreed upon that this Section 2 shall
survive the termination of this Agreement.
3. Recycling. The Collier County Nomesidential Recycling Ordinance, Ordinance
No. 2004-50, or as amended, will continue to be followed for the Annexed Area. The City is in
the process of considering for adoption its own Nonresidential Recycling Ordinance, and upon
adoption, the City's ordinance will be followed.
4. Concurrency. The County is concerned about the level of service on Goodlette-
Frank Road and at intersections around the Annexed Area. Accordingly, should any increase in
density or intensity of use beyond that authorized by the current Annexed Area, zoning be
permitted or should any additional development or redevelopment occur within the Annexed
Area, the County and the City will coordinate the review of the development to assess the
impacts and collect any fair share contributions to make necessary intersection improvements as
deternlined by the County. The City will make all needed contributions toward fair share (based
upon trips generated) within six (6) months after any post annexation zoning or approvals
increasing density or intensity or within a reasonably agreed upon time frame of any new
approvals of development or redevelopment of uses within the Annexed Area. Any roadway or
intersection improvements will be permitted and managed by the County,
5.
Stormwater.
The County is concerned about the level of stormwater
management. Accordingly, should any increase in density or intensity of use beyond that
authorized by the current Annexed Area zoning be permitted, or should any additional
development or redevelopment occur within the Annexed Area, the City will provide that all
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Agenda Item No. 16F4
April 8, 2008
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stonnwater created by such development shall be retained within the Annexed Area, and that no
additional stormwater shall flow out of the Annexed Area.
6. Emergency Medical Services and Hurricane Shelters. The County is
concerned about maintaining the current level of service for Emergency Management Services to
the Annexed Area, and for providing necessary Hurricane Shelters, Accordingly, should any
increase in density or intensity of use beyond that authorized by the current Annexed Area
zoning be permitted, or should any additional development or redevelopment occur within the
Armexed Area, the City will coordinate the review of the developmcnt with the County to assess
the impacts on Emergency Management Services, and the need for additional Hurricane Shelters,
and collect any fair share contributions as determined by the County.
7. Solid Waste Collection. The present solid waste collection under contract by the
Board of County Commissioners, servicing the Annexed Area, shall continue as set forth in
Florida Statutes Section 171.062.
8. County and Fire District Agreement Not to Object to Annexation. The
County and the Fire District agrec that they will forego objection and challenge to this
annexation.
9. Amendments. This Agreement may only be amended by written instrument
specifically referring to this Agreement and executed with tbe same formalities as this
Agreement.
10, Severability. Should any proVIsIon of tbis Af,'Teement be declared or be
determined by any court to be illegal or invalid or unconstitutional, the validity of the remaining
parts, terms and provisions shall not be affected thereby and sucb an illegal, invalid or
unconstitutional part, term or provision shall be deemed not to be part of this Agreement.
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Agenda Item No. 16F4
April 8, 2008
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11. Dispute Resolution. Should any disputes or alleged breaches arise under this
Agreement, the County and the Fire District agree that such disputes shall be resolved in
accordance with the Florida lnterlocal Service Boundary Agreement Act, Sections 171.20-
171.212 Fla. Stats. However, nothing in this Agreement shall prohibit the parties from
attempting to frrst resolve or to resolve any disputes under this Agreement by voluntary
mediation, in the most expeditious and least expensive means possible, The parties agree to
work cooperatively to select a mutually acceptable mediator within thirty (30) days after a
dispute or alleged breach of this Agreement arises. If no consensus as to a mediator is reached,
the parties will request the Chief Judge of the Twentieth Judicial Circuit to appoint a mediator
with experience in local government law and contract law, The parties agree that all expenses of
such voluntary mediation shall be divided equally among them.
12. Construction. This Agreement shall be governed by and construed under the
laws of the State of Florida.
13. Recording. Thc County and the Fire District agree that this Agreement shall be
recorded in the Official Records of Collier County, Florida as soon as practicable after approval
and execution by all parties. The County shall pay the costs of recording this Agreement.
14. Term. The initial term of this Agreement shall be for five (5) years following the
effective date, or the expiration of the term provided for in Section 2 of this Agreement,
whichever is later. Renegotiation between or among the parties affected shall commence not
later than 18 months before the date of expiration, and the renegotiation shall be governed by the
initial negotiation procedures as set forth in the Act.
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;'I,genda Item No. 16F4
April 8, 2008
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IS. Effective Date. The parties acknowledge that this Agreement may be executed
on different dates by the parties. Accordingly, this Agreement shall only become effective on
the date it is signed by the last party to execute the Agreement.
IN WITNESS WHEREOF, the County and the Fire District have caused this Agreement
to be executed by their appropriate officials.
DATED:
ATTEST: Dwight E, Brock, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: .._.~____~~_.__
, Deputy Clerk
By: _._____.~____.____
TOM HENNING, CHAIRMAN
Approved/as ~i)~"()Pll COO
and legal $\1flltl';nc,-
'.;"'l< 'f I
"-'11'.~~" r-
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_ ..,o\~__ f:_~~____L_~_,___
Jcrli<eY,;A. KJatkko\\'
Chicrf.-ss:stan1;:County AttO:l1('','
Date:
"i
WITNESSES:
BOARD OF COMMISSIONERS, NORTH
NAPLES FIRE CONTROL AND RESCUE
DISTRICT
Signature
Printed Name
By:
Signature
Datc:
Printed Name
Approved as to form
and legal sufficiency:
Laura Jacobs Donaldson, Esq.
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