Meeting Date: 9/27/2016

PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS

AGENDA ITEM SUMMARY

Consent [ ] Regular

Agenda Item #:3J-/ ·

[X] [ ] Workshop [ ] Public Hearing

Department:

Submitted By:

Submitted For:

Planning, Zoning and Building

Planning Division

Planning Division

I. EXECUTIVE BRIEF

Motion and Title: Staff recommends a motion to adopt: A Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, rescinding Responding Resolution R-2015-1343 as required by Chapter 171, Part 11, Florida Statutes; and providing an effective date.

Summary: On August 11, 2015 the City of Delray Beach adopted an Initiating Resolution No. 43-15 pursuant to Chapter 171, Part II, Florida Statutes (F.S.), as a first step in the process of completing an lnterlocal Service Boundary Agreement (ISBA) for an area designated within the City's future annexation area. As required by Chapter 171, Part II, (F.S.), the County adopted a Responding Resolution R-2015-1343 within 60 days after the receipt of the City's adopted initiating resolution, allowing the local government to commence the negotiating process for the ISBA. The City held two community meetings regarding the potential future annexations, the costs for public infrastructure and future development potential. Upon further consideration based on community concerns, the City of Delray Beach adopted Resolution No. 32-16 on August 16, 2016 to rescind its Initiating Resolution ending negotiations with the County. As a result, County staff prepared a resolution to rescind the responding resolution to formally end the ISBA process. District 4 (RB)

Background and Justification: The Municipal Annexation or Contraction Act, Chapter 171, Part I, F.S., and lnterlocal Service Boundary Agreement Act, Chapter 171, Part II, F.S., recognizes the use of an lnterlocal Service Boundary Agreement (ISBA) as a means to coordinate future land use, and public facilities and services in advance of annexation. After one year of negotiations and several meetings, the City in cooperation with the County decided not to go forward with the ISBA.

Attachments: 1. County's Rescinding Resolution 2. City's Initiating Resolution No. 43-15 3. County's Responding Resolution R-2015-1343 4. City's Rescinding Resolution No. 32-16

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Recommended by: Department Director Date

Approved By: Assistant County Administrator Date

II. FISCAL IMPACT ANALYSIS

A. Five Year Summary of Fiscal Impact:

Fiscal Years 2016 2017 2018 2019 2020

Capital Expenditures Operating Costs External Revenues Program Income (County) __ In-Kind Match (County)

NET FISCAL IMPACT

# ADDITIONAL FTE POSITIONS (Cumulative) __

Is Item Included In Current Budget? Yes No

Budget Account No.: Fund Agency Org. Object

Reporting Category

B. Recommended Sources· of Funds/Summary of Fiscal Impact: No fiscal impact associated with Agenda.

~~~ C. Departmental Fiscal Review: ;-~ ~

Ill. REVIEW COMMENTS

A. OFMB Fiscal and/or Contract Dev. and Control Comments:

OFMB 0t-g/2-9

B. Legal Sufficiency:

/1\d(P~crh/;Jc AssistantCounty Attorney

C. Other Department Review:

Department Director

RESOLUTION NO. R-2016-_

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, RESCINDING RESOLUTION R-2015-1343; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on August 11, 2015, the City of Delray Beach adopted an Initiating Resolution No.

43-15, pursuant to Chapter 171, Part II, F.S., to commence the negotiation process for an lnterlocal

Service Boundary Agreement; and

WHEREAS, on September 22, 2015, the Board of County Commissioners adopted the

responding Resolution R-2015-1343 pursuant to Chapter 171, Part II, F.S., within 60 days after the

receipt of an initiating Resolution to commence the negotiation process for an lnterlocal Service

Boundary Agreement (referred to herein as the "ISBA") with the City of Delray Beach; and

WHEREAS, on August 16, 2016, the City of Delray Beach adopted a resolution No. 32-16 to

rescind its Initiating Resolution; and

WHEREAS, the Board of County Commissioners by approving this resolution is formally

terminating the ISBA process.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS

OF PALM BEACH COUNTY, FLORIDA, that Resolution R-2015-1343 is hereby rescinded. The Clerk

is hereby directed to provide a copy of this Resolution by United States Mail to the Chief Administrative

Office of every participating municipality. The provisions of this Resolution shall become effective upon

adoption by the Board of County Commissioners.

The foregoing Resolution was offered by Commissioner __________ who

moved its adoption. The motion was seconded by Commissioner _________ and

upon being put to a vote, the vote was as follows:

Commissioner Hal R. Valeche, District 1 Commissioner Paulette Burdick, District 2 Commissioner Shelley Vana, District 3 Commissioner Steven L. Abrams, District 4 Commissioner Mary Lou Berger, District 5 Commissioner Melissa McKinlay, District 6 Commissioner Priscilla A. Taylor, District 7

APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County,

on the __ day of ________ , 2016.

ATTEST: SHAR0~

1 R. BOCK, Clerk~

By: ~ei . APPROVED AS TO FORM AND LEGAL SUFFICIENCY

Assistant County Attorney

A RESOLUTION OF TIIB CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING TIIE CITY OF DELRAY BEACH TO INITIATE THE NEGOTIATION PROCESS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES; PROVIDING THAT THIS RESOLUTION SHALL ACT AS THE REQUIRED INCTIATil'JG RESOLUTION UNDER SECTION 171.203, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the purpose of this resolution is to initiate a p.tocess to jointly study the area described in Exhibit '{A'' to ensure efficient provision of services and ultimately annex property to adjust the tnu.nicipal

boundary and ensure sound urban development; and

WHEREAS, the City Com.mission of the City of Delray Beach, Florida ("City'") deems it to be in the

best interest of the City to negotiate an Intetlocal Setvice Boundary Agreement with Paltn Beach County for

the area described in Exhibit "A'> attached hereto and :tn.ade a patt hereof by reference; and

WHEREAS, the City desires to annex properties within the Palm Beach County Urban Sei~ces Boundary; and

WHEREAS_; the area described in Exhibit uN, is withln the future annention area of the City as

identified ou Map #11 of the Future Land Use Element, as set forth in the City's Comprehensive Plan; and

WHEREAS, Chapter 171, Part IT, Florida Statutes, establishes a ;tno:te .flexible process of adjusting

municipal boundaries th.tough :lntetgovernm.ental coo.tdination in pknning and sei.-v-ice delivery.

NOW:t THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:

Section 1. The recitals above are true ·and cottect and ate incorpo:tated into the findings of this

Resolution as if fully set forth he:t:ein.

Section 2. The City of Delray Beach, Florida., heteby agtees to negotiate in good faith with Pahn

Beach County, in accordance with Section 171.203, Florida. Statutes, regarding a strea:tnlined annexation and

land use ainetidtnent process for p.:topetty cuttently .in the unincorporated atea of the County as outlined in Exhibit a.A::,, a copy of which is attached hereto and incotpo:tated herein by .reference; and fu.1-ihet agtees to

addtess the issues outlined in Sections 3 rod 4 herein during the negotiations.

RES. NO. 43-15

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Section 3. The City of Delray Bea.ch, F1orida agrees that :negotiations regarding an Intetlocal Service Bounda.ry Agreement will address, at a minimum, issues concet:ning se1.-v:i.ce delivety> fiscal

responsibilities:. and boumhry adjustment as they concern. the City's and the County's responsibilities fo.t the

funding and delivery of the following services:

1. Police 2. Fire, Rescue, and Emetgency Medical

3. Water and Wastewater 4. Road Ownership, Construction, and Ma.1ntenance including stteet lights

5. Consei-vation> Parks and Recreation 6. Stonnwater Management and Drainage 7. Sidewalks, pedest.tian systems

Section 4. Negotiations regarding an Interlocal Seni-ce Boundat7 Agreement will also address land

use designations and zoning within the area outlined in Exhibit "A'' and the City's vision for the area.

Section 5. That thls Resolution shall become effective immediately upon its passage.

PASSED AND ADOPTED by the City Commission of the August • 2015.

ATTEST:

~~-':0~-City Clerk

RES. NO. 43-15

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RESOLUTION NO. R*2015~3

A RESOLUTION OF THE BOARD OFCOUNTY COMMISSIONER$ OF PALM BEACH COUNTYt FLORIDA, ADOPTING. A RESPONDiNG RESOLUTION1

AUTHORIZING PALM BEACH COUNTY, FLORiDAf TO COMMENCE THE NEGOTIATHJN PROCE$$ FOR· AN JNTt:RLOCAl $:t::RVlCE BOUN\DARY AGREEMENT BETWEEN PALM IBEACH ·COUNTY ·AND THE CITY. OF DELRAY BEACH, PURSUANT TO CHAPTER 1711 PART lit FLORIDA STATUTES; AND PROVtolNG AN EFFEGTM: DATE.

WHEREAS, the tntergovernm·ental co.ordination Element of the 1989 comprehensive Plan states that

Palm Beach County shall adopt pol1cies arid. implement strat{;?gies, which support municip;;:d effort$ to secure

boundary changes that maintain cost-effective service delivery; assist with the ell.mlriation of enclaves; pockets

~nd ftnger.:m<e areas, arid .ensure cons1stency between municipal. and County hrmd U$e; and

WHEREAS, the Intergovernmental Coordination Element Policy of the 1989 Comprehensive Plan

requires Palm Beach County to support municipal efforts to secure boundary changes; and

WHEREAS, the lnter~overnmental Coordina.tion Element Policy of the 1989 Comprehensive Plan

requires the County to work with municipaiiiies to tjetermine areas to be consld.ered for annexation; and

WHEREAS, Chapter 171: Part U; Florida Statutes (F-S.), (2014), as amended, establishes the lnterlocal

Service Boundary Agreement process .as a flexible, jointplanning opUon for Counties a:nd municipalities to

cooperatively adjust rnunfdpai boundaries, while planning for service delivery and land U$e changes; and

WHEREASr qnAygust 11, 2015i the City .of Delray Beach adqpte~ an Initiating ResollJ~ion No, 43.-15,

pt,trsuant to Chapter 171, Part U, F.S,, to commence the negotiation prpcess for an lnterlocal Service Boundary

Agreement for an area (referred tOherein as the ''Area0) described in Exhibit A, attached herefo; and

WHEREAS1·the City of Delray Beach complied with Chapter 171.20~(1)(b), F.S., by sending a notification

of the Initiating Resolution by United States certified mail to each municipality within Palm Beach County; and

WHEREAS, Chapter 1711 Part 11. F.S, (2014), states thaHheRespondr,ng Resolution be presented to the

Board of Cqunty C9mmissioners with~n sixty (60) days of receipt of the City's adoption of their Inmating

Resolufion;.and

WHEREASt the Board of County Cornrnissloner:s deems it in the best interest of Patm Beach County to

negotiate an interlocal Service Boundary Agreement with the City of Delray Beach for the area -described in

Exhibit A, attache:d hereto and Incorporated herelh.

f'.JOW, THEREFORE, BE IT RESOLVED BY THE BOARD .OF COUNTY COMMISSIONERS OF PALM

BEACH COUNTY, FLORIDA, that:

Section 1, The Soard of County Cdmmiss.iohers hereby agrees to negotiate in good faith with

the City of Delray Beach, in accordance with Chapter 171.203, F.S., to prepare an lnterlocal Service

Boundary Agreement to establish a process to address a Wider range of effects ofannexatfon, and /dehtify

the $er'vice provkter($). f0.r the services identified ln Sectlon2 herein;

5ectf on 2. Palm Beach County agrees that negotlations regarding an lriterlocal Service

Boundary Agreement will address, at a minimum, issues concerning service deirvery, fiscal responslbilities,

and boundary adjustment, a~ they concern tM City's and Countis responsibHiUes fpr th.e funding and

deliVety .of tile following services:

a_ Police

b. Fire rescue and emergency medical

c, Water and wastewater

d. Ro.lid ownership, construction and maintenance including streefHg.hts

e. ConservaUon1 parks and recreation

f. $toTTn\vater m~nagement and· drainage

g. Sidewalks, pedestrian systems

Section 3. Negotiations regarding an lnterlocal Servfoe Boundary Agreement w!II address land

U$e Oe$ign~ti•ns whhih the area QUtiined in Exhibit A, and the :future vision fodh1s. area.

The provlsions ofthis. Resolution shall become effective upon adoptipn by the Board

of c~)Unty Commissioners-

Sections~ This Resolvtion shafl.expire on August i O, 2020, hut may be terminated pnor to this

date or extended by a written instrnment approved i;ly the Board pf County Commissioners.

The foregoing Resoh,ition was offered by Commissioner ___ T_.a--"y~·l_o_r _____ whq moved

lts adopticm, Th~ motion was seconded by Commlssioner ___ Ah_r_· a_ms_• _. _____ ahd upon being put

to a vote, the vote was as follows:

Commissioner Shelley vana, Mayor Commls$ion~r Mary Lou. Berger, Vice Mayor CommisslonerHal R Valeche Commissioner Paulette Burdick ·Commissioner Steven L Abrams Commissioner Meliss$ NlcKinlay Commissioner Priscilla A. Taylor

Aye Ay~ Absent Aye Aye Aye Aye

APPROVED AND ADOPTED by the Board of County Commlssioners or Palm Beach County, on

the 22nd day of Septembf'!t • 2015.

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RESOLUTION NO. 32-16

A RESOLUTION OF TIIB CITY C011:MI:SSION OF THE CITY OF DELRAY BRACH, FLORIDA, RESCINDING lNITIATIN"G RESOLUTION 43-15 THAT WAS ENACTED TO COMlvIBNCE THE NEGOTIATION PROCESS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT FOR THE NORTII BARWICK ROAD AREA AS REQUIRED BY CHAPTER 171, PART II, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVEDA1E.

'WHEREAS, on August 11, 2015, the City of Dehay Beach adopted an Initiating Resolution No. 43-15, pursuant to Chapter 171_, Part II, F.S., to commence the negotiation process for fill Intetlocal Service Boundary Agreement for the North Barwick Road .A.tea outlined :in Exhibit "A:"; and

WHEREAS, on September 22,; 2015> the Boru:d of CoU:tlty Cotnt:nissioners adopted the responding Resolution R-2015-1343 pursu.Aflt to Chapter 171, Part II, F.S., within 60 days after the receipt of an :initiating Resolution to commence the negofution process for an Intetlocal Service B ounda:ty Agreement; and .

WI-IBREAS, the City of Dehay Beach has hosted two Community Meetings on April 11, 2013 and June 13, 2016 to garner input from the property owne.ts within the subject Intetlocal Service Bound.aiy Agreement Area; and

WJ-IEREAS,. the property owners have voiced opposition for the adoption of an Intetlocal Service Boundary Agreement and the potential for fw.iher annexation.

WI-IBREAS, the City Co:tntnission has dete.ttnined that is not in the best interest of the City to enter into the Inte:tlocal Setvice Boundary Agreement for the North Barwick Road Atea at this ti.me and therefoi:e ·des.ires to rescind Resolution 43-15 and termination the negotiation process.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO:MJvIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:

~ction 1. The tecitations set forth herein above are hue, accurate and correct and ate incotporated herein.

Sectlp~ ') The City hereby tescin.ds I:oitiating Resolution No. 43-15 and terniliiates the

RES. NO. 32-16

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negotlatlon process for an Intetlocal Setv:ice Boundary- Agreement for the North Batwick Road .Area outlined in Exhibit aA',.

Section 3. passage.

The provisions of this Resolution shall become effective itnmediately upon its

PASSED AND ADOPTED by the City Corw:nission of the City of :Oelray Beach this !'6th day of August, 2016.

ATTEST:

~)bf__ Mayor

City Cletk

RES. NO. 32-16

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1993 1001 CERTIFICATION

I, KIMBERLY WYNN, Acting City Clerk of the City of Delray Beach~ do hereby certify that the attached document is a true and correct copy of Resolution No. 32-16, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 16th day of August, 2016.

IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 19th day of August, 2016.

(SEAL)

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August 22, 2016

Ms. Verdenia C. Baker Palm Beach County Administrator 301 North Olive Avenue West Palm Beach, Florida 33401

RE: h1terlocai Boundary Service Agreement Rescindli111g Resoh.ntnon

Dear Ms. Baker:

At its meeting of August 16, 2016, the Delray Beach City Commission approved Rescinding Resolution No. 32-16 to discontinue the lnterlocal Boundary Service Agreement (ISBA) process for the North Barwick Road Area pe_rtaining to the annexation of certain parcels. A certified copy of the ISBA Rescinding Resolution is attached.'

Even though the City is not pursuing the ISBA at this time, the City of Delray Beach welcomes future continued collaboration with Palm Beach County. Please do not hesitate to contact me if you have any questions regarding this matter. I can be reached at 561.243. 7043 or stillings@mydelraybeach.com.

Sincerely,

uilding Director

cc: Lorenzo Aghemo, Palm Beach County Planning Director

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