Backup Documents 07/06/2007 Annexation Mtg
PUBLIC MEETING
COLLIER COUNTY GOVERNMENT
CITY OF NAPLES GOVERNMENT
EAST NAPLES FIRE CONTROL & RESCUE DISTRICT
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
July 6, 2007
1:00PM
County Attorney Office
Conference Room-Eighth Floor
W. Harmon Turner Building (Building F)
Collier County Government Center
Ae:enda
1. Opening Remarks
2. Continue Negotiations/Review & Discuss the DRAFT
lnterlocal Service Boundary Agreement
3. Public Comment
4. Comments/ Next Meeting
5. Adjourn
JUL Y 2ND DRAFT - FOR DISCUSSION AT THE JULY 6, 2007
MEETING
FORMATTING KEY:
City: Red/ItJiicized
Fire District: Blue/U nderlined
COUNTY: GREEN/CASTELLAR FONT
All Parties: Regular Font
INTERLOCAL SERVICE BOUNDARY AGREEMENT
This lnterloca1 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 Interloca1 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
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with the Collier Park of Commerce ("CPOC") annexation. A copy of the CPOC, i.e., the area to
be annexed, is attached as Exhibit 1; 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:
1. Recitals. The foregoing recitals are hereby incorporated into and made part of
this Agreement.
2. Fire Service.
({. TransitlOn-Effectivc [)({te.
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Nillety (90) d({vs ({/ier ({lIl1exatioll. the City sh({ll hecome the provider of ({ll of the
services to Ihe (lIl11cxed arca currcl1fr" provided hy the Fire District, except as
provided hereill. The Fire District ({lid the ('it.\' will provideFJr trallsfer of
service respollsihililies. e1luipmellt ({lid persollllello the Cit.\' with iI/ such period.
The Fire Dislrict sh({lI. with iI/ Ihe 90 d({v transitioll period. providefirst
responder service,\'.
h. 1'l({IIs Examination and Permittillg. The Citv shall he responsihlefor pial/
review alld approv({l ({POll ({lIl1ex({tioll. New applica/iol/s/iJr permits or pl({n
review filed ({/Ier the ({lIl1e.ratioll d({te. will he reviewed hv the Citv. The Fire
Districl sh({lItlll'll over to the ('ill' ({II pel/dillg applicaliolls alld plallsfi,,' plall
review wilhill thirl.l' (30) davs a/ier allllexatiol/.
FeesfiJr plall review alld
permittillg will he charged hv the rcviewll1g agenc)l iI/ accordallce with the ( 'ity'.I'
fee schedule. The Fire District shall cooperate in the transition alld shall
providc a plall revicwer/or hriejillg alld tmillillg i/requested bv the Citv. The
citv will reimhurse Ihe Fire DistrictfiJr the aClual cost o/the reviewer.
e. District Boulldarv Contractioll. The houllda/l' o{the Fire District shall
eOlltractto delete the anllexed area ol/the date of the time of allllexatioll.
11. Emplovees. 11m' emplovee o/Ihc Fire District that nUll' he displaced hy the
trallsitioll will he cOllsideredJi}r emplovment hI' the Citv in the same eapacitv or
ill as eqllivalent Cllpacitv as mal' he availahle within the ('itv.
e. Equipment. Anv equipmellt thai I/Ull' he deemed surplus hv operation o/this
Agreement will he consideredfin- purchase or assumptioll o/the lease or other
ohligatioll. hI' the Citv. at its thel/filir value.
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f I'ayments hv Cit.\'. In order to providc an orderlv transition and to ameliorate
loss of Fire District ad valorem revenues that mal' he detrimental to the continued
. .
opel'lltions oflhe Fire Districl. Ihc ('itv. as provider. will agree to have the Fire
Districtprovidefirst responder/irc service. hut not plans review and illspections,
ovcr a 4 vear and 6 month period. IJlll'ahlc in equal installments within 30 davs
afier the elld of each fiscal lluarter. ill accordal/ce with thefollowingformula:
An amollnt equal to the ad valorem taxes or assessments that w(Jl/ld have
heell collected IliId the propertv remail/ed ill Ihe district. reduced hv:
I. [he expense to the Cit\'for personnel costs. purchase of
eqllll"nellt or assumption o/indehtednessfiJr equipment. allllfor
an.\' other expellses incurred hy the Citv under this paragraph 2.
or olherwlse as a result o(this Agreement. in eachfiscalvear.
J. 111l (~!rw>1 ([gainst an.-v ad valorem ta.xes and assc,\'smenls thaI
mal' he levied hv the Fire District in thefiscal year in which the
houndarv contract,\,'
g. Dispute Rcsolution. l(there is a dispute concerning the amount of
paymenls under this paragraph 2. the parties will employ good faith
effiJr/s to res""',, the dispute. Ilit cannot he resolved within 30 days after
notice, Ihe dispute shall he suhmitted to the Chief Judge of the Twentieth
Judicial Circui/fiJl' appointment ofa special m({gistrate to mediate the
dispute IInd ifunsucce,I',I'fill. to conductmandaton' arhitration in
accordance with ti,e Florida Arhitl'lltiol/ Code. It is the intent of the
parties that the displlte resolutioll under this I'aragraph 2 he completed
4
within 90 dal's after appointment of the special magistrate
(Mediator/Arhitrator). The FireOistrieland the Citv shall split the costs of
. .
the specialmllglstrate el'cnl1'.
2, Fire Services,
a. Tcrm. The Firc District shall bc thc service provider to the annexed
propcrlv from thc cffective date of thc annexation until October L 2013,
cxccpt as providcd for in subsection b. of this section, if the Citv anncxes
('['OC and elects to assumc the Fire District's service responsibilities bv
Decembcr 31,2007.
b. Plans Examination, Permitting and Inspections. The Fire District shall be
responsible for plan rcview, permit approval and inspections for thc
annexcd propcrlv until Septembcr 30, 2010. Beginning October 1. 20 I 0
(the "Transition Date"), the Citv will review all new applications for
permits and plan review and perform all required inspections. Thc Firc
district will continuc to rcview applications for new permits and plan
review that wcrc filed prior to thc Transition Date in order to avoid anv
disruption in thc permitting proccss. The Fire District's regulations shall
applv to thosc applications for pcrmits and plan rcview that were filed
bcforc thc Transition Datc, and to those inspections that occur before the
Transition Datc. The Fire District's fees for plan review, pcrmitting and
inspcctions, if applicable, shall bc charged pursuant to thc Fire District's
fee schedule. Thc City's regulations shall applv to those new applications
for permit or plan review filed on or aftcr thc Transition Datc, and to all
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inspections pcrfonned bv the Citv on or after the Transition Date. Fees for
plan rcview, permitting and inspections on or after the Transition Date
shall be pursuant to the City's fee schedule. The Fire District shall
cooperatc in the transition of thesc scrvices bv providing a plan reviewer
for briefing of City staIr for no more than a twentv-hour period if
rcquested by the Citv aftcr the Transition Date. Following the Transition
Datc, the Citv shall provide to the Fire District copies of all final and
approved permits and site plans within ten davs of approval bv the Citv at
no cost to the Fire District.
c. District Boundarv Contraction. The boundarv of thc fire District shall not
contract to delctc the anncxcd area until Scptember 30, 20] 3. However,
thc Fire District is prohibitcd from levving ad valorem taxes or non-ad
valorcm assessmcnts on the anncxcd properlv beginning with fiscal vear
2008/2009.
d. Emplovees. Anv cmplovee of the Firc District that mav be displaced as a
rcsult of the anncxation of CPOC will be considered for cmplovment bv
the Citv in thc same capacilV or III an equivalent capacity as mav be
available within thc citv.
c. Equipmcnt. Any equipment that may be deemcd to be surplus bv the Fire
District as a result of thc annexation of CPOC will bc considered for
purchasc or assumption of the lease or other obligation bv the Citv at its
then fair value.
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C Pavments bv the Citv. Thc Fire District shall collect its ad valorem taxes
from the annexed arca lor fiscal vear 2007/2008. Beginning with fiscal
vear 2008/2009 through fiscal vear 2012/2013, the Citv shall pav the Fire
District thc amount that thc Fire District would havc collected in ad
valorem taxes and non-ad valorem asscssments for such fiscal vear had the
propcrlv not bcen anncxed bv the Citv. The Citv shall pav the Fire
District pavments required under this section bv March 31 of each of thc
applicable Iiscal vcars. Howcver, thc Citv is not requircd to pav the Fire
District monevs that have not been paid on a specific parcel within the
anncxcd propcrlv until such time as the moncvs havc been rcceived bv the
Citv. Within 30 davs alter reccipt, the Citv shall make pavment of such
monevs to thc Fire District. Thc Citv shall take all statutorv prescribed
and legal actions ncccssarv to collect anv revenues owed from the annexed
propcrtv that is not timelv paid at its own expcnse.
g. User Charges and Impact Fees. Thc Fire District shall continue to collect
user charges and impact fees until Septcmber 30,2013, unlcss the fee or
charge is attributed to a service bcing provided to thc Citv pursuant to
subsection b. of this section.
h. Failure to Annex bv Deccmber 31,2007. If the Citv fails to annex CPOC
and elect to assume serviccs providcd bv the Firc District bv Deccmbcr
3], 2007, the Firc District shall rcmain thc scrvice providcr for Iivc vears
beginning Octobcr I of thc vcar following such annexation and clcction to
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assumc serviccs bv the Citv. All othcr dates provided for in this section
shall also concllrrcntlv bc extendcd to reflect the revised tenn.
3. The Financing 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
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. /\(llJl{ [)I:'H; I () II II I J IU ..\'\ ":II{ V leI lUJ'OI{I. II .II.
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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,
s. 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
8
"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 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 District shall be obligated to
contribute to any maintenance or repairs to the public road right-of-ways 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.
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 ill/1I/1Iflef;,oll/ and shall not he suhiectto any communications tax levied
hI' the Citv. See Section 202.125(3). Fla. Stat. The parties acknowledge that immunitv Fom
t({xation IS created. conditioned and/or aholished h)' operation of state law. not hv local
Cfluclmcnl.
7. Utility Taxes and Communications. The parties acknowledge that the Countv.
as a propcrtv owncr in thc CPOC, is immune Irom and shall not bc subiect to anv utilitv tax or
communications tax levied by thc Citv. See also Sections 166.231 and 202.19. Fla. Stat. The
Fire District. as a propertv owncr in thc CPOC, is immunc from and shall not be subicct to anv
9
communications tax levied bv the Citv and is excmpt from and shall not be subiect to anv utilitv
tax levied bv the Citv. See also Sections 202.125(3) and 166.231, Fla. Stat. IN
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CO/1currency.
l'l1e Countv and the Cit\' are jointlv concemed ahoutthe level of
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service on Airport Road IInd III intersections around the CPOc. Accordinglv, should any
increase in density or intensitl' of use hel'Ond that lIuthorized hI' the current CPOC zoning he
permitted within the CI'OCfollow/llg annexation, the Citv acknowledges and agrees that it shall
contrihute or require contrihlllion o{ the proportionate filir share occasioned hv such increase
toward the nece.\'sar]' intersection improvements as determined hv the City and County at
Horseshoe Drive. Progress Avenue and Fnlerprise Avenue at hoth Airport and Livingston Roads.
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require needed improvements should there he alll' such increase of density or intensitv of land
uses wit/un the CPO(' follOWing annexation.
The CU]' further ({grecs that the needed
contrihutions toward proportionale flllr share o{ improvements shal! he lIIade within six (6)
months (~fier (lilY (JO,\'!-llllllcxa/io!1 zoning or other land l/.\'(' approvals increasing density or
intensitv of uses within the CPO(' hevond Ihat currentlv IIlIthorized hv the eounlv GMP and land
development code. This does not app/) , 10 the extenlthatwlV increases in densitv or intensitv arc
attrihutah/e to Countv operations liS a prol'ertv owner in the area to he annexed.
10
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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 /mav he/ ,111\1
acting in concert with or at the behest of either agency shall challenge the annexation, this
Agreement shall be void, Notwithstanding, Section 171.093, Fla. Stat., shall applv if this
Agreement hecol11cs void pursuant to this section. 10 IIIN 1) Illl\!\CI\IJ~ Willi I 11 II.\
1'1\1 ) V I~ I I I N\"i I 1 I I II[ II, [ [I I \ I 1,.Ie I . ~ \ I 1 [ [, '\J ,\ II Y II
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.
11. 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. Slats. However, nothing in this Agreement shall prohibit the parties from
12
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 resolution is encouraged. The pmcedllres III f)([/'(/f?raph 2. g will he emploved in those
matters IInder that pa/'(/g/'(/ph. alld mav. with the cOllsent olthe parties. he employed hereill.
IC(>IJNIYVV,\f'I[\ [()Il!\\1 IIII.\IWIN \ 1()\.Il1ZMLI.lII)ll(J[I>(;Y.1
13. Construction. This Agreement shall be governed by and construed under the
laws of the State of Florida.
14. Recording. 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.
IS. Term. The inilialterm o(this Agreement sill/I! heforjive (5) vearsfiJl!owing the
effective date, or the expiration of the term providcd l'or in Section 2 of this Agreement,
whichever is later. Renegotiatioll shall commence lIot later than f 8 months helore the date of'
expiration and the renegotialioll shall he govemed hv the ilutialnegotiation procedures as set
fJrth in the Act.
16. Effective Date. [to be determined].
IN WITNESS WHEREOF, the County, the City, and the Fire District have caused this
Agreement to be executed by their appropriate officials.
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DATED:
ATTEST: Dwight E. Brock, CLERK
BY:
DEPUTY CLERK
Approved as to form and legal sufficiency:
Michael W. Pettit
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.
06.0284/20
527215 v_OJ \016763.0166
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
James Coletta, CHAIRMAN
CITY OF NAPLES
BY:
Bill Barnett, MAYOR
BOARD OF COMMISSIONERS, EAST
NAPLES FIRE CONTROL AND RESCUE
DISTRICT
BY:
Thomas G. Cannon, CHAIRMAN
14
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 ANNEXA nON OF THE COLLIER PARK OF COMMERCE BY THE CITY OF NAPLES,
PURSUANT TO CHAPTER 171, FLORIDA STATUTES
July 6, 2007
1:00 pm
Sign In Sheet
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