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Agenda 01/19/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and the MARCO ISLAND CITY COUNCIL MEETING TUESDAY, JANUARY 19, 1999 9:00 A.M. TO BE HELD AT THE MARCO RADISSON RESORT 600 SOUTH COLLIER BLVD. MARCO ISLAND, FLORIDA AGENDA NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD/COUNCIL WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 1. INVOCATION - Joy Baumgartner - United Church of Marco Island. 2. PLEDGE OF ALLEGIANCE 3. ITEMS FOR DISCUSSION: A. INTERLOCAL AGREEMENT REGARDING THE COLLECTION AND DISTRIBUTION OF IMPACT FEES. B. DEDICATION OF ROADS, ROAD RIGHTS-OF-WAY AND DRAINAGE EASEMENTS. C. DISTRIBUTION OF CABLE TELEVISION FRANCHISE FEES. D. FUNDING OF LAW ENFORCEMENT SERVICES PROVIDED BY THE COLLIER COUNTY SHERIFF'S OFFICE WITHIN THE CITY OF MARCO ISLAND. 4. ADJOURN Board of County Commissioners Collier County City Council City o f Marco Isla n d Joint Meeting Agenda January 19, 1999 Service Transition Issues Collier County and the City of Marco Island, Florida January 19, 1999 Service Transition Issue Approved or Adopted Approved or Adopted Notes by Collier County by Marco Island Impact Fee Distribution No No Agreement prepared for adoption by both boards Roads and Road R.O.W. Yes No Minor changes have been made to the agreement Cable T.V. Franchise Approved in concept Yes Agreements prepared, Fee Distribution (adopted ordinance) need final BCC action and effective date Funding for Law Yes, in the form of Yes, in the form of Agreement yet to be Enforcement Services the adopted budget alternative proposal resolved Dedication of Community Yes Yes Deeds have been Park Facilities Transferred Code Enforcement Yes Yes Fully transferred to the City Contractor Licensing Yes Yes Agreement in place Agreement Fire Service Agreement Yes Yes Goodland and Key Marco Marco Sewer Distdct N/A N/A County providing service City/County Joint Meeting 1 January 19, 1999 Agenda Item 3A Interlocal Agreement Regarding the Collection and Distribution of Impact Fees Considerations: An agreement has been drafted which defines the method of distribution of impact fees collected by Collier County from properties ~thin the city limits of Marco Island. The agreement covers the various impact fees as follows: · Community Park Impact Fees - All unspent community park impact fees collected to date from within the Marco Island city limits are proposed to be transferred to the City. As of October 1, 1998 the County no longer assesses or collects these fees. · Road Impact Fees - The City would assist the County in collecting road impact fees imposed within the boundaries of the City. The City will retain 60% of the road impact fees collected in each fiscal year. The County shall transfer road impact fees collected within the boundaries of the City during the period October 1, 1997 through September 30, 1998, less applicable capital expenditures, with forty percent (40%) of said collected fees to be used for San Marco Road (CR92) improvements or at the discretion of County for any other applicable roadway improvement within the city limits. · Library, Regional Park, Emergency Medical Service, and Educational Facilities Impact Fees - The City would assist with the collection of these fees. The expenditure of these funds is unchanged by the incorporation of the City of Marco Island. Staff Recommendation: It is the joint recommendation of the County Administrator and the City Manager that the attached interlocal agreement related to the collection and distribution of impact fees be adopted by their respective governing bodies. Approved'l~y: Robert ~'nandez, County Administrator Approved by: A. William Moss, City Manager City/County Joint Meeting 2 January 19, 1999 INTERLOCAL AGREEMENT IMPACT FEES THIS INTERLOCAL AGREEMENT is made and entered into this day of , 1999, by and between the Board of County Commissioners of Collier County, Florida (hereinafter called the "COUNTY") and the City Council of the City of Marco Island, Florida, (hereinafter called the "CITY"). WHEREAS, Chapter 74 of the Collier County Code of Ordinances provides for the imposition of impact fees to provide a source of revenue to fund the construction or improvement of regional and community parks, the library system, the emergency medical services system, roads, and educational facilities system; and WHEREAS, the impact fees provided by the Collier County Code of Ordinances are imposed in both the unincorporated and incorporated areas of Collier County; and WHEREAS, the parties are desirous of establishing a uniform procedure for the collection of impact fees whereby impact fees shall be imposed and calculated as provided in Chapter 74, Collier County Code of Ordinances, and that such impact fees must be paid prior to the issuance of a building permit; and WHEREAS, Chapter 74, Collier County Code of Ordinances provides that a municipality may enter into an interlocal agreement with Collier County providing for the collection of impact fees, and as such impact fees shall be collected and paid in accordance with the provisions of the interlocal agreement; and WHEREAS, the parties agree that it is in the best interest of Collier County residents that impact fees imposed on new development be collected and accounted for in an expeditious and efficient manner, and that such efficiency can be achieved by the collection of impact fees by the local government issuing building permits. City/County Joint Meeting 3 January 19, 1999 NOW, THEREFORE, in consideration of the premises the parties agree as follows: Section I. Agreement. The CITY hereby agrees to assist and cooperate with the COUNTY in collecting impact fees as set forth in Chapter 74 of the Collier County Code of Ordinances within the boundaries of the CITY. Section II. Payment of Fees. The CITY shall require, as a condition to the issuance of a building permit, the payment to the CITY or proof of payment of all impact fees imposed by the COUNTY for a proposed construction and/or alteration project. Section III. Parks and Recreation Facilities Impact Fees, Emergency Medical Services System Impact Fees, Library System Impact Fees, and Educational Facilities System Impact Fees. The CITY agrees to assist and cooperate with the COUNTY in collecting Regional Parks and Recreation Facilities Impact Fees, Emergency Medical Services System Impact Fees, Library System Impact Fees, and Educational Facilities System Impact Fees as set forth in Chapter 74, Collier County Code of Ordinances and imposed within the boundaries of the CITY under one of the following options: The CITY shall require, as a condition to the issuance of a Building Permit, the payment to the CITY of the Regional Parks and Recreation, Emergency Medical Services System, Educational Facilities System, and the Library System Impact Fees imposed by the City/County Joint Meeting 4 January 19, 1999 COUNTY for the proposed construction or alteration. To reimburse the CITY for the costs incurred in the collection of these Impact Fees under the County Ordinance, the CITY shall be reimbursed by the COUNTY in 'an amount equal to two percent (2%) of the amount collected from each respective Impact Fee as compensation for the administrative cost to collect these Impact Fees. Both parties acknowledge that the amount reimbursed is equal to the cost incurred for the collection of these fees, including any increase in bonding or surety cost from the handling of these additional monies. The Regional Parks and Recreation, Emergency Medical Services System, Education Facilities System, and Library System Impact Fees collected shall be remitted in accordance with Section VIII of this agreement. Section IV. Road Impact Fees. The CITY agrees to assist and cooperate with the COUNTY in collecting Road Impact Fees as set forth in Chapter 74, Collier County Code of Ordinances and imposed within the boundaries of the CITY. The CITY shall require, as a condition to the issuance of a Building Permit, the payment to the CITY of the Road Impact Fees imposed by the COUNTY for the proposed construction or alteration. The CITY will retain 60% of the Road Impact Fees collected in each CITY fiscal year (October 1 through September 30) which shall be used for capacity improvements and additions to the transportation network which are necessitated by road impact fee construction in accordance with the provisions of Chapter 74, Collier County Code of Ordinances. The Road Impact Fees collected above the 60% shall be remitted to the COUNTY in accordance with Section VIII of this agreement. Said monies remitted to the COUNTY shall be used for capacity improvements on CITY, COUNTY, and/or State roads within or adjacent to the existing or amended boundaries of the CITY. City/County Joint Meeting 5 January 19, 1999 Representatives of the CITY and COUNTY shall meet at least annually to coordinate and prioritize their respective projects to facilitate effectiveness of capacity improvements. Section V. Developer Contribution Credits. Any credit granted against any impact fees collected or imposed by Chapter 74, Collier County Code of Ordinances, for certain donations of land or for the contribution of off-site improvements to the transportation network required to be made pursuant to a development order by the CITY or if voluntarily made in connection with road impact fee construction, shall be approved by the COUNTY. Section VI. Review Hearings. Collier County shall conduct any review hearings requested by an applicant or an owner under the provisions of Chapter 74, Collier County Code of Ordinances. Section VII. Remittance. The impact fees collected from developments within the city limits of Marco Island shall be remitted, without interest, by the CITY, to the COUNTY monthly. The remittance of funds to the COUNTY shall take place by no later than the fifteenth (15"') of the month following the month of impact fee collection. The COUNTY shall transfer road impact fees collected within the boundaries of the CITY during the period October 1, 1997 through September 30, 1998, less applicable capital expenditures, with forty percent (40%) of said collected fees to be used for San Marco Road (CR92) improvements or at the discretion of COUNTY for any other applicable roadway improvement within the city limits, Road impact fees collected for the Esplanade City/County Joint Meeting 6 January 19, 1999 project, Collier County Site Development Plan (SDP) Number 97-155A shall also be transferred to the CITY. Any unspent community park impact fees collected within the Marco Island district shall be transferred to the CITY. Section VIII. Term. This agreement shall be for an initial term of twelve (12) months beginning October 1, 1998, through September 30, 1999. This initial term shall be automatically renewed for additional one-year terms commencing October 1 of each year and terminating September 30 of the succeeding year unless one party delivers a written notice of termination to the other party prior to August 1 of each year. Section IX. Right of Review. CITY and COUNTY shall each have the reciprocal right to review the records of the other as to the receipt, allocation, and expenditure of impact fees, including records as to the issuance of building permits. All such inspections shall be made upon reasonable notice and at reasonable times and places. Section XI. Amendments. The COUNTY shall provide written notice to the CITY of amendments to Chapter 74, Collier County Code of Ordinances, prior to the effective date of any such amendment. Section XII. Notices. City/County Joint Meeting 7 January 19, 1999 All notices required under this agreement shall be directed to the following offices: For the COUNTY: Office of the County Administrator 3301 East Tamiami Trail Naples, Florida 34112 For the CITY: Office of the City Manager 950 North Collier Boulevard, Suite 308 Marco Island, Florida 34145 Section XIII. Hold Harmless - COUNTY. The COUNTY agrees to hold the CITY harmless from all liability, which may result from the performance of its obligations herein, done in accordance with the terms of this agreement. Section XIV. Hold Harmless - CITY. The CITY agrees to hold the COUNTY harmless from all liability, which may result from the performance of its obligations heroin, done in accordance with the terms of this agreement. City/County Joint Meeting 8 January 19, 1999 IN WITNESS WHEREOF, the parties hereto have set their haf~ds and seals the day and year first above written. ATTEST: CITY OF MARCO ISLAND, FLORIDA BY: Laura Litzan, David Brandt, Chairman Deputy City Clerk DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: Dwight E. Brock, Clerk Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: Approved as to form and legal sufficiency: Kenneth B. Cuyler David C. Weigel City Attorney County Attorney City/County Joint Meeting 9 January 19, 1999 Agenda Item 3B Dedication of Roads, Road Rights-of-Way, and Drainage Easements Considerations: On November 3rd the Board of County Commissioners approved an intedocial agreement that transferred roads and road rights-of-way within the city limits to the City of Marco Island. During that meeting the suggestion was made that the proposed agreement be revised to include stormwater drainage easements. A revised agreement has been prepared to fully effectuate the transfer of these facilities. Staff Recommendation: It is the joint recommendation of the City Manager and the County Administrator that the attached interlocal agreement dedicating roads, road rights-of-way, and drainage easements to the City of Marco Island be adopted by the respective governing bodies. AISpF~v~d by: A. Willia~ Moss, City Manager Approved by: Robert F. F~dez, County Administrator City/County Joint Meeting 10 January 19, 1999 INTERLOCAL AGREEMENT OF CITY OF MARCO ISLAND AND COLLIER COUNTY TRANSFERRING JURISDICTION OF PUBLIC ROADS AND ROAD RIGHTS-OF-WAY WITHIN THE CITY OF MARCO ISLAND THIS INTERLOCAL AGREEMENT made this __ day of , 1999, by and between the City of Marco Island, a municipal corporation located within Collier County, Florida, hereinafter referred to as "CITY," and Collier County, a political subdivision of the State of Florida, hereina~er referred to as "COUNTY." WITNESSETH: WHEREAS, the area within Collier County identified as Marco Island became incorporated as a municipal corporation known as the City of Marco Island on August 28, 1997; and WHEREAS, the CITY and the COUNTY have worked cooperatively and agreed to do all things necessary to transfer to the CITY the jurisdiction of public roads and the responsibility for operation and maintenance within the right-of-way of public roads within the CITY including the maintenance and operation of all bridges, drainage easements, street lights, traffic control devices including traffic signs, signals and pavement markings on or within such roads and rights-of-way; and WHEREAS, this Agreement is entered into in compliance with Section 335.0415, Florida Statutes. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration received and acknowledged by the parties to be sufficient, the CITY and COUNTY agree as follows: 1. Except for the entirety of County Road 92 (CR92), its (CR92) paved riding and shoulder surface, its (CR92) road right-of-way, its (CR92) traffic signs City/County Joint Meeting 11 January 19, f999 and pavement markings, its (CR92) storm water drainage culverts crossing under CR92, Goodland Road (CR92A), and the Goodland Bridge, the jurisdiction of all public roads and the responsibility for operation and maintenance within the right-of-way for all public roads located within the boundaries of the CITY are transferred from COUNTY to the CITY. 2. The jurisdiction and responsibility for maintenance and operation of all other bridges, drainage easements, street lights, traffic control devices, including traffic signs, signals and pavement markings on or within such roads and associated road rights-of-way, including traffic "stop and go" signals on County Road 92 and traffic control devices necessary to control intersecting CITY streets or roads at their intersection with CR92, except the intersection of Goodland Road (CR92A), is concurrently transferred from COUNTY to the CITY. 3. The effective date of this Interlocal Agreement is October 1, 1998. 4. This Interlocal Agreement shall be recorded in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective authorized signatories. City/County Joint Meeting 12 January 19, 1999 DATE: DATE: ATTEST: ATTEST: DWIGHT E. BROCK, Clerk LAURA LITZAN, Deputy Clerk BY: BY: BOARD OF COUNTY COMMISSIONERS CITY OF MARCO ISLAND COLLIER COUNTY, FLORIDA CITY COUNCIL BY: BY: PAMELA S. MAC'KIE, Chairwoman DAVID BRANDT, Chairman Approved as to form and legal Approved as to form and legal sufficiency: sufficiency: David C. Weigel, County Attorney Kenneth B. Cuyler, City Attorney h:dda/agreements/1998/Marco Public Roads Interlocal Agreement City/County Joint Meeting 13 January 19, 1999 Agenda Item 3C Distribution of Cable Television Franchise Fees Considerations: The City Council previously requested that these fees, as paid by City residents, be given to the City. The City adopted the requisite cable ordinance on September 14, 1998, and on November 3, 1998 the Board of County Commissioners directed staff to prepare the necessary agreements to accomplish this. Assignment agreements have been drafted which give franchising authority within the Marco Island city limits to the City. At the time of the writing of this agenda, the final details of those assignments are being worked out by City staff and representatives of the franchisees. It is anticipated that proposed final agreements, as approved by both staffs and legal counsel, will be available for consideration by both bodies at this joint meeting. Staff Recommendation: It is the joint recommendation of the County Administrator and the City Manager that the assignment agreements, as presented at this joint meeting and related to the franchising of cable television service be approved by the respective governing bodies with an effective date of November 3, 1998. It is further recommended by the County Administrator that the Board of County Commissioners authorize the payment to the City of Marco Island of all cable franchise fees paid by residents of the City of Marco Island to the County since November 3, 1998 and approve the necessary budget amendments. Approved Ijy: Robert F.cE~rnandez, County Administrator Approved by: A William Moss, City Manager City/County Joint Meeting f4 January 19, 1999 Agenda Item 3D Funding of Law Enforcement Services Provided by the Collier County Sheriffs Office within the City of Marco Island Considerations: The most recent proposal, as approved by the Board of County Commissioners, was that the City contribute $526,500, which is the County's estimate of Marco Island's fair-share portion of the Sheriffs budget for the period 10/1/98 to 4/1/99, at which time the City may be in a position to provide for its own law enforcement. Subsequent payment would then be determined based on the City's delay in implementing it's own law enforcement program after April 1, 1999. The City counter-proposed that a payment of $200,000 per fiscal quarter be made, less certain adjustments. These adjustments would be to offset the actual funds spent by the City in developing its public safety presence, as certified by the City Manager. This counter-proposal was discussed by the Board of County Commissioners, and Commissioners raised questions regarding the requested deductions. It was at that time that the Board requested that a joint meeting be arranged in an effort to bring the issue to closure. Recommendation: It is recommended that the Board of County Commissioners and the City Council hold a discussion to determine an acceptable fair-share contribution to be paid by the City to the County for services provided to the City by the Collier County Sheriffs Office. It is further recommended that each Board authorize the respective staff to prepare and execute the necessary budget amendments. Ap~roved by: A. William Moss, City Manager A~ E~nandez, County Administrator City/County Joint Meetin~/ 15 January 19, 1999