Resolution 2008-078
RESOLUTION NO. 2008- ~
A RESOLUTION (INITIATING RESOLUTION) OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO PART II OF
CHAPTER 171, FLORIDA STATUTES (FLORIDA'S INTERLOCAL SERVICE
BOUNDARY ACT) TO COMMENCE THE PROCESS FOR NEGOTIATING AN
INTERLOCAL SERVICE BOUNDARY AGREEMENT REGARDING 22.04 ACRES OF
LAND, MORE OR LESS, DESCRIBED HEREIN AS THE SENIOR CARE SITE,
PROPOSED TO BE ANNEXED INTO THE CITY OF NAPLES
WHEREAS, Florida's lnterlocal Service Boundary Act (herein "the Act"), being Chapter 2006-
218, Laws of Florida, includes sections 171.20, 171.201, 171.202, 171.203, 171.204, 171.205,
171.206,171.207,171.208,171.209,171.21,171.211 and 171.212, Florida Statutes, approved by
Governor Bush on June 14,2006; and
WHEREAS, the Act's principal goals, as stated in the Act's section 171.201, are to encourage
local governments to jointly determine how to provide services to residents and property in the
most efficient and effective manner while balancing the needs and desires of the Community; Also
to establish a more flexible process for adjusting municipal boundaries and to address a wider range
of the effects of annexation and to encourage intergovernmental coordination in planning, service
delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation
between local governments; Also to promote sensible boundaries that reduce the costs of local
governments, avoid duplicating local services, and increase political transparency and
accountability and to prevent inefficient service delivery and an insufficient tax base to support the
delivery of services; and
WHEREAS, as defined in the Act's subsection 171.202(7), this resolution is Collier County's
"initiating resolution" to commence the process for negotiating an interlocal service boundary
agreement and which identifies the County's specified unincorporated area and the County's
designated issues for discussion; and
WHEREAS, as defined in the Act's subsection 171.201(8), an "Interlocal service boundary
agreement" means an agreement adopted pursuant to the Act between a county and one or more
municipalities, and which may include one or more defined independent special districts as parties
to the agreement; and
WHEREAS, as defined in the Act's subsection 171.202(3), the applicable "independent special
districts" are limited to special districts as defined in Section 189.403, Florida Statutes, and that
provide fire, emergency medical, water, wastewater, and/or stormwater services; and
WHEREAS, the Act's subsection 171.203(2) specifies that within sixty (60) days after receipt of
this initiating resolution, the City of Naples shall adopt its responding resolution, wherein the City
can identify an additional unincorporated area or incorporated area, or both, for discussion; Also the
City may thereby designate additional issues for negotiation, and pursuant to the Act's subsection
171.202(15), may designate one other special district; and
WHEREAS, as stated in the Act's subsection 171.203(2)(d), each qualified independent district
that receives the County's initiating resolution can participate in the interlocal service boundary
agreement negotiation process by adopting its resolution indicating such intent; and
WHEREAS, as stated in the Act's subsection 171.203(16), the Act does not authorize one local
government to require another local government to enter into an interlocal service boundary
agreement, but when the process for negotiating an interlocal service boundary agreement is
initiated, the local governments shall negotiate in good faith to the conclusion of the process
established in the Act's Section 171.203; and
WHEREAS, as defined in the Act's subsections 171.202(4) and (5), Collier County IS the
"Initiating County" and is also the "Initiating local government;" and
WHEREAS, pursuant to the Act's subsection 171.203(1), the land area to be discussed pursuant to
this process is described herein as the Senior Care Site, which according to the application for
annexation, consists of 22.04 acres, more or less, which land area is depicted on the map (the
"descriptive exhibit") attached to this Resolution as Exhibit A; and
WHEREAS, pursuant to the Act's subsection 171.203(1), Collier County's designated issues to be
negotiated are listed below in the body of this Resolution; and
WHEREAS, as defined in the Act's subsection 171.202(9), an "invited local government" means
each invited county, municipality, or special district and any other local government designated as
such in an initiating resolution, or in a responding resolution, that invites the respective local
government( s) to participate in negotiating an interlocal service boundary agreement; and
WHEREAS, Collier County's two (2) "Invited local governments" are the City of Naples (the
County's designated "invited municipality"), and the East Naples Fire Control and Rescue District,
an Independent Special District, as a "notified local government" or an "invited local government."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The above WHEREAS clauses are incorporated herein.
2. Collier County, as "the initiating county," hereby designates the City of Naples as
the County's "invited municipality."
3. Collier County, as "the Iml1atmg county," hereby notifies the East Naples Fire
Control and Rescue District ofthis Resolution as a "notified local government" or and "invited local
government."
4. The County's designated land area, all of which is unincorporated, is described
herein as the Senior Care Site, which land areas, according to the application for annexation, consist
of22.04 acres, more or less, and which acreage is depicted on the map attached to this Resolution as
Exhibit A ("the descriptive exhibit"). Based upon the application for annexation, the legal
description of this land area proposed to be annexed into the City of Naples is:
SEE EXHIBIT "B"
5. The County's designated issues for negotiation are any and all issues concerning
service delivery, fiscal responsibilities, and/or boundary adjustments. The interlocal service
boundary agreement issues may include, but need not be limited to, the following:
a. Identifying a municipal service area.
b. Identifying an unincorporated service area.
c. Identifying the local government responsible for delivery or funding of the
following services within the municipal service area or the unincorporated service area including:
I. Public safety
2. Fire, emergency rescue, and medical.
3. Water and wastewater.
4. Road ownership, construction, and maintenance.
5. Conservation, parks, and recreation.
6. Stormwater management and drainage.
7. Garbage/trash collection and recycling.
d. The interlocal service boundary agreement may establish a process and
schedule for annexation of an area within the designated municipal service area, if any, consistent
with the Act's Section 171.205.
e. The interlocal service boundary agreement may establish a process for land-
use decisions consistent with part II of Chapter 163, Florida Statutes, including those made jointly
by the governing bodies of the County and the City of Naples, or allow the City of Naples to adopt
land-use changes consistent with part II of Chapter 163, Florida Statutes, for other land areas, if
any, scheduled to be annexed during the term of years specified in the interlocal service boundary
agreement. If the agreement addresses responsibility for land-use planning under Chapter 163,
Florida Statutes, the agreement may also establish the procedures for preparing and adopting
comprehensive plan amendments, administering land-development regulations, and issuing
development orders.
2
f. The interlocal service boundary agreement may address other Issues
concerning service delivery, including the transfer of services and infrastructure.
g. The interlocal service boundary agreement may provide for the joint use of
facilities and the colocation of services.
h. The interlocal service boundary agreement may Include a requirement for a
report to Collier County from the City of Naples of the City's planned service delivery, as provided
in the Act's Section 171.042, or as otherwise may be determined by the Agreement.
i. The interlocal service boundary agreement may establish a process by which
the local government that is responsible for water and wastewater services shall, within thirty (30)
days after any respective annexation of territory, apply for modifications to permits of the water
management district and/or Florida's Department of Environmental Protection which are necessary
to reflect changes in the entity that is responsible for managing surface water under such permits.
j. As stated in the Act's subsection 171.203(8), in order to ensure that the health
and welfare of the residents affected by annexation will be protected, all fire and emergency
medical services shall be provided by the existing provider of fire and emergency medical services
to the annexed area and remain part of the existing special district unless Collier County and the
City of Naples reach an agreement, through the interlocal service boundary agreement or other
legally sufficient means, as to which entities shall provide those emergency services.
6. As stated in the Act's subsections 171.203(1) (a), (b), and (c), the County Manager
shall, by United States certified mail, send copy of this Initiating Resolution (a) to the City Manager
of the City of Naples, (b) to the City Manager of the City of Marco Island, (c) to the Mayor of
Everglades City, and (d) to the Chief Administrative Officer of the East Naples Fire Control and
Rescue District, Chief Robert Shank.
7. This Resolution shall take effect immediately upon adoption.
ADOPTED th~ th day of I~\ CV"dv
, 2008 after motion, second and majority
vote favoring adoption.
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:~.~tdet-'O.C-
.-
li9l'~ 0II1~
By:
.
Approv
Ie
lency:
By:
Jeffr. A. Klatz w, Chief Assistant County Attorney
CP: HF AC\Reso\2008\SeniorCareSite
3
EXHIBIT
I-A-
_+_-1
/
,g:/
~~
C"- /
- --.--/'
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
Parcels 18A-3 through 18G taken from Exhibit "A" to
Warranty Deed Recorded at O.R. Book 4032, page 3951 - 3725
18A-3 (Identification No. 16940840505): All that part of Lot 9 of Naples Improvement Company's
Little Farms Subdivision, lying south of Golden Gate Parkway, recorded in Plat Book 2, Page 2,
Public Records of Collier County, Florida; and
18C (Identification No. 61940760009): The East 564 feet of the West 1,184 feet of Lot 8 of Naples
Improvement Company's Little Farms Subdivision, less road right-of-way granted in Official
Records Book 876, Page 1718, according to the map or plat thereof on file and recorded in the
office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of
Collier County, Florida; and
18D (Identification No. 61940800008): The East 470 feet of the West 1,654 feet of Lot 8 of Naples
Improvement Company's Little Farms Subdivision recorded in Plat Book 2, Page 2, in the Public
Records of Collier County, Florida; and
18E (Identification No. 6194060004): All of Lot 8 of Naples Improvement Company's Little Farms
Subdivision, except the West 1,654 feet, according to the plat thereofrecorded in Plat Book 2, Page
2, Public Records of Collier County, Florida; the East and West boundary lines of said Parcel being
measured from the West line of said Lot 8 (said West line of Lot 8 lying 25.00 feet East of the
North and South 1/4 Section line of Section 27, Township 49 South, Range 25 East, Collier County,
Florida); and
18F (Identification No. 61940520003): The East 338.24 feet of the West 958.34 feet of Lot 7 of
Naples Improvement Company's Little Farms Subdivision, per Plat Book 2, Page 2, in the Public
Records of Collier County, Florida, less and except that portion deeded to the Board of County
Commissioners described as:
Commence at the Northwest corner of said Lot 7; thence North 89' IT 39" East
along the North line of said Lot 7 for a distance of 620.00 feet to the Point of
Beginning; thence continue along the North line of Lot 7 a distance of 41.60 feet to
the point of intersection with the point of curve concave to the Northwest having a
radius of 813.94 feet and a central angle of 26' 13' 03"; thence continue
Southwesterly along said curve an arc distance of 51.30 feet to a point; thence North
00' 39' 49" West 30 feet to the Point of Beginning.
18G (Identification No. 61940480004): North 1/2 of Lot 7, Less West 1,288.34 feet Naples
Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Plat Book 2,
Page 2, Public Records of Collier County, Florida.
AND
Legal Description taken from Warranty Deed
recorded at OR Book 4032, Page 1876
Parcel ID Number 61940440002: The East 270.00' of the West 1313.34' of the N 1/2 of Lot 7, as
measured from the West line of the SE 1/4 of Section 27, Township 49 South, Range 25 East,
Naples Improvement Co's Little Farms, according to the map or plat thereof as recorded in Plat
Book 2, Page 2, Public Records of Collier County, Florida.
AND
Legal Description taken from Corrective Warranty Deed
recorded at OR Book 4324, Page 3551
Parcel ID Number 61940520009: A parcel of land lying in Lot 7 of Naples Improvement Co's
Little Farms, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida;
5
Commencing at the Southwest corner of Stoney's Plaza as recorded in Plat Book 24, page 28 of the
Public Records of Collier County, Florida, also being a point on the South line of Lot 7 of Naples
Company's Little Farms as recorded in Plat Book 2, Page 2, of the Public Records of Collier
County, Florida;
Thence along the South line of said Lot 7, N.89"49'23"E. for 938.25 Feet, to a Point of Beginning
of the parcel herein described;
Thence leaving said South line of Lot 7 N.00'19'14"W. for 333.05 feet to a Point on the North line
of said Lot 7;
Thence along the North line of Lot 7, N.89'36'47"E. for 60.16 feet;
Thence leaving the North Line of said Lot 7 S.00"16'23"E. for 164.84 feet;
Thence N.89"36'03"E. for 270.03 Feet;
Thence N.89"37'39"E. for 631.47 Feet to a Point on a meander line lying on the Westerly side of
Gordon River;
Thence along said meander line, the following two (2) described courses:
1) Thence S.26'31' 13"W. for 102.98 feet;
2) Thence S.12"56'24"W. for 82.05 feet to a point on the South of said Lot 7;
Thence along the South line of said Lot 7 S.89'50'24"W. for 896.31 Feet to the point of beginning
of the parcel described herein.
6