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Home My WebLink About2007-055RESOLUTION NO. 2007- 055 A RESPONDING' RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, IDENTIFYING ADDITIONAL LAND AREAS AND DESIGNATING ADDITIONAL ISSUES FOR NEGOTIATION PURSUANT TO SECTION 171.203(2) OF THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT CODIFIED AT FLORIDA STATUTES SECTION 171.20 ET. SEQ. WHEREAS, effective June 14, 2006, the Florida Legislature enacted the "Interlocal Service Boundary Agreement Act," codified at Florida Statutes section 171.20 et seq. (the "Act") with the specific Legislative intent: 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; to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; 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 those services; and WHEREAS, the Act provides a statutory framework for a county and the municipalities located therein to negotiate an Interlocal Service Boundary Agreement in accordance with the process set forth therein; and WHEREAS, the City of Fellsmere held a Special Council Meeting on April 12, 2007 to adopt Resolution 07-H, an "Initiating Resolution" under section 171.202(7) of the Act. Resolution 07-H was received by the County on April 18, 2007 and is attached to this Responding Resolution as Exhibit "A" and made a part hereof; and WHEREAS, the "Initiating Resolution" provides that the City of Fellsmere invited Indian River County, the Town of Indian River Shores, the Town of Orchid, the City of Sebastian, and the City of Vero Beach to negotiate an Interlocal Service Boundary Agreement; and WHEREAS, the Act provides that a Responding Resolution of an invited county must identify all additional areas and issues for inclusion into an Interlocal Service Boundary Agreement that are not otherwise set forth in the Initiating Resolution; and WHEREAS, on May 1, 2007, the Indian River County Board of County Commissioners as the invited county pursuant to the Act reviewed the Initiating Resolution and directed that this Responding Resolution be prepared; and 1 RESOLUTION NO. 2007— 055 WHEREAS, the County recognizes the opportunity for the agreement to address county -wide issues relating to future land use, conservation and water supply, transportation, affordable housing, and concurrency management; and WHEREAS, Pursuant to Article VIII, Section 1 of the Florida Constitution, and Florida Statutes section 125.01, the Board of County Commissioners of Indian River County ("County") has all powers of local self-government to perform County functions and to provide and maintain standards to assist in ensuring the health, safety, and welfare of the citizens of Indian River County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: A. Pursuant to section 171.203(2) of the Act, this Responding Resolution identifies additional unincorporated and incorporated areas, as set forth on the map attached hereto as Exhibit "B" and made a part hereof, for discussion, negotiation, and inclusion into the Interlocal Service Boundary Agreement. B. Pursuant to section 171.203(2) of the Act, the County hereby designates additional issues, as set forth on Exhibit "C" attached hereto and made a part hereof, for negotiation into the Interlocal Service Boundary Agreement. C. The areas on Exhibit "B" and the issues on Exhibit "C" are in addition to the areas and issues set forth in the Initiating Resolution. D. Pursuant to section 171.203(2)(a) of the Act, this Responding Resolution shall be sent by United States Certified Mail to the Chief Administrative Officer of the City of Fellsmere, as the initiating municipality, and to the Chief Administrative Officers of the City of Sebastian, the City of Vero Beach, the Town of Indian River Shores, and the Town of Orchid. This Resolution was moved for adoption by Commissioner Davis , and the motion was seconded by Commissioner F1 escher , and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye 2 RESOLUTION NO. 2007- 055 The Chairman thereupon declared this Resolution duly passed and adopted this 22nd day of May , 2007. Attest: J. K. Barton, Clerk By Deputy Clerk Approved as to form and legal sufficiency: By (--0 �4 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By / L 'G[% ' Gary Wheeler; Chairman William G. Collins II, County Attorney 3 N emaker 1 u J ager April 16, 2007 CERTIFIED MAIL. 7005 1820 0005 7220 1556 Mr. Joseph A. Baird, County Administrator Indian River County 1840 — 25th Street Vero Beach, FL 32960 Deborah C. Krages City Clerk Larry W. Napier, C.G.F.O. Director of Finance and Accounting ofri RE: City of Fellsmere Resolution 07-11 — Initiating Resolution — Chapter 171 Part II TS 0 Dear Mr. third: The City Council of the City of Fellsmere during their Special Council Meeting April 12, 2007 adopted Resolution 07-H; a copy of the Resolution is attached along with Exhibit "A" and Exhibit "B". We look forward to working with the County on potential future annexations as well as the Homewood Subdivision. The willingness of the City of Fellsmere to negotiate in good faith on the issues of Annexation, Density, Height, and Land Use regarding potential annexation areas should open the door to intergovernmental cooperation. Should you have any questions or require any additional information please do not hesitate to call me. Sincerely, n R. Nunemaker ity Manager JRN/dck CC: R -07-H file 1 EXHIBIT -"A" j 21 South Cypress St. • Fellsmere, Florida 32948-6714 • Telephone: (772) 571-0116 • Fax (772) 57.1-1901 Website: cityoffellsmere.org RESOLUTION NO. 07-H A RESOLUTION OF THH; CITY COUNCIL OF THE CITY OF FELLSMERE, FLORIDA INVITING INDIAN RIVER COUNTY, THE TOWN OF INDIAN RIVER SHORES, TOWN OF ORCHID, CITY OF SEBASTIAN AND CITY OF VERO BEACH TO ENTER INTO AN INTERLOCAL SERVICE BOUNDARY AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Service Boundary Agreement Act (Florida Statutes Chapter 171 Part II) authorizes local governments to execute an interlocal service boundary agreement; and WHEREAS, the Interlocal Service Boundary Agreement Act encourages 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; and WHEREAS, the Interlocal Service Boundary Agreement Act establishes a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; and WHEREAS, the interlocal Service . Boundary Agreement Act encourages intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; and WHEREAS, the Interlocal Service Boundary Agreement Act promotes the establishment of sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability; and WHEREAS, the Interlocal Service Boundary Agreement Act helps prevent inefficient service delivery and an insufficient tax base to support the delivery of services; and WHEREAS, the City of Fellsmere desires to enter into an interlocal service boundary agreement with Indian River County, the Town of Indian River Shores, Town of Orchid, City of Sebastian and City of Vero Beach regarding the area depicted on Exhibit "A" attached hereto and the issues identified on Exhibit "B" attached hereto. NOW, T H t+:REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FELLSMERE , FLORIDA, AS FOLLOWS: Section 1. The City of Fellsmere invites Indian River County, the Town of Indian River Shores, Town of Orchid, City of Sebastian and City of Vero Beach to negotiate an interlocal service boundary agreement regarding the "Potential Future Annexations" and "Homewood Subdivision" areas depicted on Exhibit "A" attached hereto and the issues identified on Exhibit "B" attached hereto. Section 2. The City of Fellsmere requests that Indian River County, the Town of Indian River Shores, Town of Orchid, City of Sebastian and City of Vero Beach indicate their acceptance of this invitation by the adoption of a responding resolution. Section 3. This resolution shall take effect immediately upon its adoption. adaThe foregoing Resolution was moved for adoption b Co cil Me ber /x'X—Ktj . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Sara J. Savage Councilwoman Cheryl Hampton. Councilman Francisco Magana Councilwoman Susan Adams Councilman Fernando Herrera w Mayo thereupon declared this Resolution duly passed and adopted this day of 2007. EBORAi C. KnAGEs, City Clerk R -07-H lnittntIngltnolutlon ISBAdoo CIT , OF FELLS I. RE, FLORIDA 2 ARA J. SAVAGE, Mayor Exhibit `"13" 1. Annexation 2. Land use 3. Density 4. Height Exhibit "r of R -07•H adopted thish2,day. April, 2007. Exhibit "0" 1. Identify and delineate one or more municipal service areas within Indian River County. • Establish a process and schedule for annexation of areas within municipal service areas • Establish a process for land use decision making in municipal service areas 2. Identify and delineate one or more unincorporated service areas within Indian River County. 3. Identify the local government(s) and/or special districts responsible for the delivery or funding of the following services within the respective municipal service areas or the unincorporated service areas as finally delineated in the Interlocal Service Boundary Agreement: • Corrections • Law Enforcement • Fire • Emergency Medical Service • Potable Water • Wastewater • Solid Waste Disposal • Road Ownership, Construction, and Maintenance - Transit • Conservation, Parks and Recreation, Beach Restoration • Stormwater Management and Drainage • Libraries • Schools 4. Delineate future geographic boundaries for any Community Redevelopment Agency in Fellsmere and their termination provisions. 5. Delineate future geographic boundaries for any Community Redevelopment Agency in Sebastian and their termination provisions. 6. Prepare countywide Future Land Use Plan Map that: • Identifies location of residential uses, commercial/industrial uses, conservation uses, public uses, agricultural uses 1 • Identifies maximum densities and intensities for residential and commercial/industrial uses • Identifies sending and receiving sites for transfer of development rights 7. Establish locations for affordable housing within all of Indian River County, including: • Common definition of affordable housing • Common mechanisms for ensuring affordability 8. Establish countywide Concurrency Management System which provides for: • Common databases • Common procedures • Common method of reserving capacity/vesting 2