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Backup Documents 06/07/2007 S BCC ANNEXA TION JOINT MEETING BACK-UP DOCUMENTS JUNE 7, 2007 REPORTER'S CERTIFICATE STATE OF FLORIDA) COUNTY OF COLLIER) I, Carolyn J. Ford, Registered Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 12th day of June, 2007. rMAt~dn~ Carolyn J Ford, PR REPORTER'S CERTIFICATE STATE OF FLORIDA ) COUNTY OF COLLIER) I, Carolyn J. Ford, Registered Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 12th day of June, 2007. C6~ddnf2 Carolyn J. Ford, RPR v' I" C)~~9-\ (.1< ,~~.{ (" ~. , ~' 0\ oJ' ,e , U ,,'i' .~ vl,J /..)' .I'-~ . J \< o \)~ ~J~ ~~' ,~ .~,\", n.,.S: COLLIER COUNTY GOVERNMENT, CITY OF NAPLES, AND EAST NAPLES FIRE CONTROL & RESCUE DISTRICT MEETING TO DISCUSS THE INTERLOCAL SERVICE BOUNDARY AGREEMENT RELATIVE TO THE PROPOSED ANNEXATION OF THE COLLIER PARK OF COMMERCE BY THE CITY OF NAPLES, PURSUANT TO CHAPTER 171, FLORIDA STATUTES June 7, 2007 Sign In Sheet Name o anization LJ/ ., .~; "i' C. ~ ,,'f_~.joAo.-- \.__ --<I< Ji ~ S .c::-' '.- c/i-* L; /J,,_ ' I!..-..:...>/Y'\ -f'v.. ~':> ''''-- ~ /f-'1. >-1 v..:J rJ-u/Z!X cc,~ ,n.7/;W"'~k"C. €NFD 4' ~ c.. rJ, :x H 5,- J:,hl'\Son G1.JI'ne.e.(", ~ L\Ju-t, I ~/GJ 1~ ~~ C, cJ vr /- N~ D' 1.J.eVSJ ~ NA Ces 'h~(" eV'(C )f-"o0..~ H.cJ.c..ei (f:::> ~~..J DRAFT - FOR DISCUSSION AT THE JUNE 7, 2007 MEETING INTERLOCAL SERVICE BOUNDARY AGREEMENT This Interlocal Service Boundary Agreement ("Agreement") is entered into this _ day of ,2007, by and among Collier County, Florida ("County"), the City of Naples, Florida ("City"), and the East Naples Fire Control and Rescue District ("Fire District"). RECITALS WHEREAS, the Collier Park of Commerce Owners' Association submitted a petition for annexation to the City in or around July 2006; and WHEREAS, Florida's Interlocal Service Boundary Agreement Act, Sections 171.20 - 171 .212, Fla. Stat., ("Act") strongly encourages local governments to determine how to provide services to residents and property in the most efficient and effective manner by establishing procedures encouraging and allowing for intergovernmental coordination in planning, service delivery and boundary adjustments during annexations and also to avoid conflicts and litigation; and WHEREAS, on or aboot September 12, 2006, the County adopted an initiating Resolution as prescribed by Section 171.203( I) of the Act to negotiate any and all issues concerning service delivery, fiscal responsibilities and or boundary adjustments in connection with the Collier Park of Commerce ("CPOC") annexation. A copy of the CPOC, i.e., the area to be annexed, is attached as Exhibit I; and WHEREAS, the City, on or about November 15, 2006, adopted a responding Resolution to the County as required by Section 171.203(2) of the Act; and WHEREAS, the Fire District, on or about November 14, 2006, also adopted a responding Resolution to the County's Resolution; and j Deleted: MAY 14 WHEREAS, the County, the City and the Fire District have met on a number of occasions in publicly noticed and publicly open negotiation sessions to negotiate this Agreement; and WHEREAS, the negotiations included discussion of fire prevention services, assessments for fire station expansion, commercial recycling, public road maintenance, utility and communication taxation, Florida Power and Light ("FPL") franchise fees, and concurrency as well as other rnatters as authorized by the Act; and WHEREAS, after consideration, the County, City 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, the City, and the Fire District, and with the intent to be legally bound, the County, City, and Fire District mutually agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated into and made part of this Agreement. 2. 3. Fire Service. [to be determined) The Financinl! of Future Fire Station Exoansion. In its Urban Services Report for the annexation of Collier Park of Commerce, dated October 17, 2006, the City acknowledges that it will be expanding its fire station at the Naples Airport for purposes of assuming fire service to the epoe and other areas in the future. The City further acknowledges that this station, referred to as Station 3, will serve approximately 2,000 acres and that the CPOC comprises only approximately 112 acres of that area or about 6% of Station 3's contemplated expanded operations. According to the Urban Services Report, the financial impact placed on 2 this expansion of operations by the City caused by the annexation of the CPOC is $73,755.00. The City agrees that should it become necessary to specially assess property owners fOT the expanded operations in the future the epoe owners shall only be responsible for their prorata share and that funding of the full expansion of Station 3 shall not be borne solely by the CPOC property owners. 4. Recvcline. The City agrees that the Collier County Nonresidential Recycling Ordinance, Ordinance No. 2004,50, will continue to be followed for the CPOC following annexation. 5. Wastewater Service. The County shall continue to provide wastewater service as contemplated by the City's Urban Services Report; however, the City and County recognize the epoe as an area that may possibly become part of wastewater service area exchange or "swap" in the future and agree that they will continue to work cooperatively and in good faith toward a possible negotiated agreement for such a service area exchange or "swap". 6. Public Road Maintenance, In its Urban Services Report and during the course of negotiations, the City stated that as part of the annexation Agreement it will be necessary for public road right-of-ways within the CPOC to be brought to acceptable standards. This will involve resurfacing and, aRa iR saffle eases, VI iaeRiRg other imorovements. Certain property owners within the CPOC have come forward as volunteers to agree to pay UP to $175,000.00 of the monies necessary to make the renovations or repair to the public road right-of-ways withln the CPOC. Neither the County nor the Fire District shall be obligated to contribute to any maintenance or repairs to the public roadways rilZht-of-wavs required by the City as part of the annexation of the CPOC. A copy of a confirming letter from attorneys representing the CPOC Property Owners Association is attached as Exhibit 2 to this Agreement. 3 7. Utilitv Taxes. Communications Taxes and FPL Franchise Fees. The City acknowledges and agrees that the County, as a property owner in the cpoe, is immune from and shall not be subject to any utility tax or communications tax levied by the City. See also Sections 166.231 and 202.19, Pia. Stat. The Fire District is also immune from and shall not be subiect to any communications tax levied by the City. See Section 202.125(3). Fla. Stat. In consideration of the County's agreement to continue to provide wastewater service to the cpoe following annexation, the City also agrees that it shall rebate to the County the 5.9% franchise fee that would otherwise be imposed upon the County. 8. Concurrency. The County and the City are jointly concerned aboot the level of service on Airport Road and at intersections around the epoe. Accordingly, should any increase in density or intensity of use beyond that e"l'fentl) authorized by the current CPOC P-6lf} zoning: be pennitted "I 'I:, within 1,\' 'i':I: the CPOC following annexation, the City acknowledges and agrees that it shall '''','' I '\ i', I', ,\ II! IV \,l.~'; .,,1' IIIl'! 1\ I,' .i. make the necessary at Horseshoe Drive, intersection improvements as determined by the County Progress Avenue and Enterprise Avenue at both Airport and Livingston Roads. Both the County and the City agree that these intersections w,~ould be in a state of failure and require needed improvements should there be any such increase of density or intensity 1,,<,,1:; ";, ,i~'\ ,'L II )11 L.'III \ J I I,',: ':; J i)! of land oses within the CPOC following annexation. The City further agrees that needed improvements shall be made within six (6) months after any Dost- annexation zonlng Q!, approvals increasing density or intensity, Ilil I",j ,','I' "j <Ii'''..i; I!:: .ji'I,'i<' .11 " "i" ,," of uses within the CPOC [,llil, ,I :11:, "i"1 bo)sn" that oerrontl)' eethorize" b) the CPOC PUD. Ii" !I',: 'I',',' iil:il III .tIHi'.! \ it 4 Deleted: -21hrr1M!~L.~ i',lll\', 1,1 illl,'1 ,11\11, ;Iil] , I IIi< lil':,I" I'i\i lil.:i.!,':\" Ii:,. \ 1'1';"; 9. Amendments. This Agreement may only be amended by written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 10. Severabilitv. Should any provision of this Agreement be declared or be determined by any court to be illegal or invalid or unconstitutional, the validity of the remainlng parts, terms and provisions shall not be affected thereby and such an illegal, invalid or unconstitutional part, term or provision shall be deemed to be part of this Agreement. II. Dispute Resolution. Should any disputes or alleged breaches arise under this Agreement, the City, the County, and the Fire District agree that such disputes shall be resolved in accordance with Chapter 164, Fla. Stat., and Section 171.212 of the Act. 12. Construction. This Agreement shall be governed by and construed under the laws of the State of Florida. 13. Recordin.. The County, the City, 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 A.reement shall be for five (5) vears followin. the effective date. Renel2:otiation shall commence not later than 18 months before the date of exoiTation and the renelwtiation shall be governed bv the initial nel2:otiation orocedures as set forth in the Act. 15. Effective Date. r to be determinedl. 5 IN WITNESS WHEREOF, the County, the City, and the Fire District have caused this Agreement to be executed by their appropriate officials. DATED: A TTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BY: DEPUTY CLERK James Coletta, CHAIRMAN Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney DATED: ATTEST: Tara A. Norman, CITY CLERK CITY OF NAPLES BY: BY: DEPUTY CLERK Bill Barnett, MA YOR Approved as to form and legal sufficiency: Rober! D. Pritt, City Attorney WITNESSES: BOARD OF COMMISSIONERS, EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT Signature Printed Name 6 Signature Printed Name Approved as to form and legal sufficiency: Laura Jacobs Donaldson, Esq. 06.0284/15 7 BY: Thomas G. Cannon, CHAIRMAN DRAFT - FOR DISCUSSION AT THE JUNE 7, 2007 MEETING INTERLOCAL SERVICE BOUNDARY AGREEMENT This lnterlocal Service Boundary Agreement ("Agreement") is entered into this _ day of ,2007, by and among Collier County, Florida ("County"), the City of Naples, Florida ("City"), and the East Naples Fire Control and Rescue District ("Fire District"). RECITALS WHEREAS, the Collier Park of Commerce Owners' Association submitted a petition for annexation to the City in or around July 2006; and WHEREAS, Florida's lnterlocal Service Boundary Agreement Act, Sections 171.20 - 171.212, Fla. Stat., ("Act") strongly encourages local governments to determine how to provide services to residents and property in the most efficient and effective manner by establishing procedures encouraging and allowing for intergovernmental coordination in planning, service delivery and boundary adjustments during annexations and also to avoid conflicts and litigation; and WHEREAS, on or about September 12, 2006, the County adopted an initiating Resolution as prescribed by Section 171.203(1) of the Act to negotiate any and all issues concerning service delivery, fiscal responsibilities and or boundary adjustments in connection with the Collier Park of Commerce ("CPOC") annexation. A copy of the CPOC, i.e., the area to be annexed, is attached as Exhibit I; and WHEREAS, the City, on or about November 15, 2006, adopted a responding Resolution to the County as required by Section 171.203(2) of the Act; and WHEREAS, the Fire District, on or about November 14,2006, also adopted a responding Resolution to the County's Resolution; and WHEREAS, the County, the City and the Fire District have met on a number of occasions in publicly noticed and publicly open negotiation sessions to negotiate this Agreement; and WHEREAS, the negotiations included discussion of fire prevention services, fire station expansion, commercial recycling, public road maintenance, utility and communication taxation, Florida Power and Light ("FPL") franchise fees, and concurrency as well as other matters as authorized by the Act; and WHEREAS, after consideration, the County, City 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, the City, and the Fire District, and with the intent to be legally bound, the County, City, and Fire District mutually agree as follows: I. Recitals. The foregoing recitals are hereby incorporated into and made part of this Agreement. 2. Fire Service. a. Transition-Effective Date. Ninety (90) days after annexation, the City shall become the provider of all of the services to the annexed area currently provided by the Fire District, except as provided herein. The Fire District and the City will provide for transfer of service responsibilities, equipment and personnel to the City within such period. The Fire District shall, within the 90 day transition period, provide first responder services. 2 b. Plans Examination and Permitting. The City shall be responsible for plan review and approval upon annexation. New applications for permits or plan review filed after the annexation date, will be reviewed by the City. The Fire District shall turn over to the City all pending applications and plans for plan review within thirty (30) days after annexation, Fees for plan review and permitting will be charged by the reviewing agency in accordance with the City's fee schedule. The Fire District shall cooperate in the transition and shall provide a plan reviewer for briefing and training if requested by the City. The city will reimburse the Fire District for the actual cost of the reviewer. c. District Boundary Contraction, The boundary of the Fire District shall contract to delete the annexed area on the date of the time of annexation. d. Employees. Any employee of the Fire District that may be displaced by the transition will be considered for employment by the City in the same capacity or in as equivalent capacity as may be available within the City. e. Equipment. Any equipment that may be deemed surplus by operation ofthis Agreement will be considered for purchase or assumption of the lease or other obligation, by the City, at its then fair value. f. Payments by City. In order to provide an orderly transition and to ameliorate loss of Fire District ad valorem revenues that may be detrimental to the continued operations of the Fire District, the City, as provider, will agree to have the Fire District provide first responder fire service, but not plans review and inspections, over a 4 year and 6 month period, payable in equal installments within 30 days after the end of each fiscal quarter, in accordance with the following formula: 3 An amount equal to the ad valorem taxes or assessments that would have been collected had the property remained in the district, reduced by: I. the expense to the City for personnel costs, purchase of equipment or assumption of indebtedness for equipment, and for any other expenses incurred by the City under this paragraph 2. or otherwise as a result ofthis Agreement, in each fiscal year. 2. an offset against any ad valorem taxes and assessments that may be levied by the Fire District in the fiscal year in which the boundary contracts. g. Dispute Resolution. If there is a dispute concerning the amount of payments under this paragraph 2, the parties will employ good faith efforts to resolve the dispute. If it cannot be resolved within 30 days after notice, the dispute shall be submitted to the Chief Judge of the 20th Judicial Circuit for appointment of a special magistrate to mediate the dispute and if unsuccessful, to conduct mandatory arbitration in accordance with the Florida Arbitration Code. It is the intent of the parties that the dispute resolution under this Paragraph 2 be completed within 90 days after appointment of the special magistrate (Mediator/Arbitrator). The Fire District and the City shall split the costs of the special magistrate evenly. 3. The Financine of Future Fire Station Expansion. In its Urban Services Report for the annexation of Collier Park of Commerce, dated October 17, 2006, the City acknowledges that it plans to expand its fire station at the Naples Airport for purposes of 4 assuming fire service to the CPOC and other areas in the future. The City further acknowledges that this station, referred to as Station 3, will serve approximately 2,000 acres and that the CPOC comprises only approximately 112 acres of that area or about 6% of Station 3's contemplated expanded operations. The City agrees that should it become necessary to specially assess property owners for the expanded operations in the future the CPOC owners shall only be responsible for their pro rata share and that funding of the full expansion of Station 3 shall not be borne solely by the CPOC property owners. 4. Recycling. The City agrees that the Collier County Nonresidential Recycling Ordinance, Ordinance No. 2004-50, will continue to be followed for the CPOC following annexation. 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. 5. Wastewater Service. The County shall continue to provide wastewater service as contemplated by the City's Urban Services Report; however, the City and County recognize the CPOC as an area that may possibly become part of wastewater service area exchange or "swap" in the future and agree that they will continue to work cooperatively and in good faith toward a possible negotiated agreement for such a service area exchange or "swap". 6. Public Road Maintenance. In its Urban Services Report and during the course of negotiations, the City stated that as part of the annexation Agreement it will be necessary for public road right-of-ways within the CPOC to be brought to acceptable standards. This will involve resurfacing and, aFld ia SOHle cases, wideaiag other improvements. Certain property owners within the CPOC have come forward as volunteers to agree to pay UP to $175,000.00 of the monies necessary to make the renovations or repair to the public road right-of-ways within the CPOc. The repairs needed shall be determined by the City. Neither the County nor the Fire 5 District shall be obligated to contribute to any maintenance or repairs to the public roadways right-of-ways required by the City as part of the annexation of the CPOe. A copy of a confirming letter from attorneys representing the CPOC Property Owners Association is attached as Exhibit 2 to this Agreement. 7. Utility Taxes, Communications Taxes. The parties acknowledge that the County, as a property owner in the CPOC, is immune from and shall not be subject to any utility tax or communications tax levied by the City. See also Sections 166.231 and 202.19, Fla. Stat. The Fire District is also immune from and shall not be subiect to any communications tax levied bv the City. See Section 202.125(3), Fla. Stat. The parties acknowledge that immunity from taxation is created. conditioned and/or abolished bv operation of state law, not bv local enactment. 8. Concurrency, The County and the City are jointly concerned about the level of servIce on Airport Road and at intersections around the CPOC. Accordingly, should any increase in density or intensity of use beyond that emrelltly authorized by the current CPOC p.y:g zoning be permitted within the CPOC following annexation, the City acknowledges and agrees that it shall contribute or require contribution of the proportionate fair share occasioned by such increase toward the necessary intersection improvements as determined by the City and County at Horseshoe Drive, Progress Avenue and Enterprise Avenue at both Airport and Livingston Roads. Both the County and the City agree that these intersections Wfould be in a state of failure and require needed improvements should there be any such increase of density or intensity of land uses within the CPOC following annexation. The City further agrees that the needed contributions toward proportionate fair share of improvements shall be made within six (6) months after any post-annexation zoning or other land use approvals increasing density or 6 intensity of uses within the CPOC beyond that currently authorized by the county OMP and land development code. 6ej'D1'la tllat eurrelltly a-utflorizea 61' tile CPOC PUD. This does not apply to the extent that any increases in density or intensity are attributable to County operations as a property owner in the area to be annexed. 9. County's and Fire District's Agreement. The County and the Fire District agree that they will forego objection and challenge to the CPOC annexation which is the subject of this Agreement. If any of their agents, employees, unions, or any person who may be acting in concert with or at the behest of either agency shall challenge the annexation, this Agreement shall be void. 10. Amendments. This Agreement may only be amended by written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. II. Severability. Should any proVISIOn of this Agreement 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 such an illegal, invalid or unconstitutional part, term or provision shall be deemed to be part of this Agreement. 12. Dispute Resolution. Should any disputes or alleged breaches arise under this Agreement, the City, the County, and the Fire District agree that such disputes shall be resolved in accordance with the Florida Interlocal Service Boundary Agreement Act, Sections 171.20- 171.212 Fla Stats. However, nothing in this agreement shall prohibit the parties from attempting to resolve or to resolve any disputes under this agreement by any alternate dispute resolution means, in the most expeditious and least expensive means possible, and alternate dispute 7 resolution is encouraged. The procedures in paragraph 2, g. will be employed in those matters under that paragraph, and may, with the consent of the parties, be employed herein. 13. Construction. This Agreement shall be governed by and construed under the laws of the State of Florida. 14. Recordin2. The County, the City, 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. 15. Term. The initial term of this Agreement shall be for five (5) vears following the effective date. Renegotiation 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. 16. Effective Date. rto be determinedl. IN WITNESS WHEREOF, the County, the City, 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: BY: DEPUTY CLERK James Coletta, CHAIRMAN Approved as to form and legal sufficiency: Michael W. Pettit 8 Chief Assistant County Attorney DATED: ATTEST: Tara A. Norman, CITY CLERK BY: DEPUTY CLERK Approved as to form and legal sufficiency: Robert D. Pritt, City Attorney WITNESSES: Signature Printed Name Signature Printed Name Approved as to form and legal sufficiency: Laura Jacobs Donaldson, Esq. 06.0284/15 527215 v_01 1016763.0166 CITY OF NAPLES BY: Bill Barnett, MAYOR BOARD OF COMMISSIONERS, EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT BY: Thomas G. Cannon, CHAIRMAN 9