TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: August 16, 2016
Title
RESOLUTION NO. 32-16: RESCINDING THE INTERLOCAL SERVICE BOUNDARY AGREEMENT (ISBA) - INITIATING RESOLUTION 43-15 AS REQUIRED BY CHAPTER 171, PART II, FLORIDA STATUTES; FOR THE NORTH BARWICK ROAD AREA
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Recommended Action:
Recommendation
Motion to Approve Resolution No. 32-16 rescinding initiating Resolution No. 43-15 as required by Chapter 171, Part II, Florida Statutes; for the North Barwick Road (ISBA) area.
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Background:
On August 11, 2015, the City Commission adopted Resolution No. 43-15 authorizing City Staff to initiate negotiations with Palm Beach County to develop an Interlocal Service Boundary Agreement for annexation and service provision to certain properties within the North Barwick Road Area outlined in Exhibit “A”.
Through the ISBA, the City would be able to utilize additional tools and statutory provisions for annexation, such as annexation via a majority request of the registered voters or property owners of a particular area (without the need for a referendum election) and allow annexation that creates enclaves. The adoption of the ISBA would have allowed the owner of the parcels located at the southeast corner of Barwick Road and the LWDD L-30 Canal shown in Exhibit “B” who had previously petition for annexation to proceed with an annexation request. The ISBA is also the process directed by Palm Beach County for all annexations in areas where enclaves exist or could be created.
Since the approval of initiating Resolution No. 43-15, the City hosted two community public meetings, April 11, 2016 and June 13, 2016. These community meetings provided an opportunity for the residents and property owners to gain an understanding of the ISBA goals and the benefits of annexation. During both community meetings, the attendees voiced several objections to the adoption of the ISBA, future annexation, and the potential costs of the provision of City water and sewer services. Based upon these objections, the recommendation is to rescind the initating resolution and not pursue the ISBA at this time.
If the rescinding resolution is adopted, the property owner (Podray Parcels) desiring to be annexed and develop his property may be able to initiate other alternatives such as petitioning the City for approval of a Water Service Agreement to allow the extension of city water services or petition Palm Beach County to amend their Utility Service Area (to allow the County to provide water and sewer services) to include those parcels.
If the rescinding resolution is not adopted by the City Commission, the enacting ordinance for the ISBA will be scheduled for consideration by the City Commission at the next opportunity.
Attachments:
• Rescinding Resolution No. 32-16
• Initiating Resolution No. 43-15
• Responding Palm Beach County Resolution No. R-2015-1343
• City Commission Memorandum of August 11, 2015
• Exhibit A (ISBA Area)
• Exhibit B (Podray Parcels)
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
Finance recommends approval.
Timing of Request:
There is no sensitivity with respect to timing for this item.