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HomeMy WebLinkAboutDocumentation_Regular_Tab 8O_8/10/2000 C 1 V111 August 3, 2000 Village i'V iiiii 6e. U' t"v VILLAGE COUNCIL c/o Ms. Joann Manganiello Acting Village Manager Village of Tequesta 250 Tequesta Drive, Suite 250 Tequesta, FL 33469-0273 RE: PALM BEACH COUNTY INCENTIVE PROGRAM -ANNEXATION Dear Ms. Manganiello, and Council Members: At the recent "Intergovernmental Coordination Meeting" (August 3, 2000), Palm Beach County made a presentation on an "Annexation Incentive Program". The recent and ongoing improvements made by the Village to the Bermuda Terrace water system, and landscaping and swales along Country Club Drive as well as the sewer assessment to the residents of Bermuda Terrace may offer us an opportunity to give Bermuda Terrace and the Village financial incentives to annex. In accordance with Palm Beach County standards the infrastructure (sewer, roads, water, etc) of Bermuda Terrace was substandard. Once improvements have been made to the existing infrastructure Palm Beach County offers incentives to municipalities for the annexation of enclaves or pocket areas, such as Bermuda Terrace. This program is based upon a one-third cost sharing agreement between the County, the municipality and the landowners. Included in the cost sharing are infrastructure improvements such as those being made, as well as impact and connection fees. We should be able to count the current cost of the Villages improvements towards our one third, meaning there is a potential for the county sharing in the landowners cost of connections to ENCON (the improvements were due to "special environmental concern'); this may result in a lowered cost to them, and be an incentive to annex. I would like to take the opportunity to explore this with a designated person from Village Staff. The county is willing to having their engineering do cost estimates, develop the inter-local agreement, forward the petitions, develop a budget, hold hearings, etc. etc. Essentially do all the work. Also, their is another area near Pinetree Trail (6 homeowners) which could also take advantage of this program. I am requesting the authority to pursue investigation of the application of this program on behalf of the Village of Tequesta. Sincerely, tuber, Geraldine A. co see attachment for additional information ANNEXATION INCENTIVE PROGRAM AN OPTIONAL PROGRAM BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING, ZONING AND BUILDING DEPARTMENT JANUARY 1993 (Revised May 1994) ANNEXATION INCENTIVE PROGRAM Introduction Palm Beach County recognizes that there are many unincorporated developments with infrastructure deficiencies substantially contiguous to or in some cases, largely surrounded by municipal boundaries, creating enclaves, pockets or finger areas. These situations hinder the County's ability to effectively and efficiently provide services and facilities to those areas. In many instances, these unincorporated enclave and pocket areas would best be served by a neighboring municipality. Such action would be mutually beneficial to both jurisdictions in terms of service delivery and compactness of municipal boundaries. To promote logical annexation, an optional Annexation Incentive Program is created to encourage municipalities to annex substandard developments in enclave or pocket areas east of Military Trail. The program utilizes the existing MSTU ordinance to fund infrastructure improvements to substandard developments by a maximum one-third cost sharing agreement between the County, • municipality and landowner. Once infrastructure improvements are made, the development is annexed into a municipality. The County and municipality benefits from this optional program in the following ways: • County maintenance cost of grading and clearing substandard roads and drainage areas is eliminated • County retrieves two thirds the cost of facility improvements thus allowing the MSTU program to expand its funding capabilities • inadequate facilities are brought up to county standards • logical annexation is achieved • program furthers the goals, objectives and policies of the County's Comprehensive Plan • program enhances intergovernmental coordination Although annexations under this program may result in revenue loss to the County such as utility tax and franchise fees, the County has an opportunity to leverage funds by paying for just one third the cost for facility improvements. The program also increases the homeowners ability to pay the assessment fees by decreasing the actual cost of improvements. In many cases, the program will also improve service efficiency and delivery to areas that lacked adequate services in the past (i.e. isolated enclaves)_ This program is not intended for all annexation proposals but is limited to enclave and pocket areas in severely deficient substandard developments which property is a logical extension of municipal boundaries and within the municipality's future annexation area. To address service delivery problems and compactness issues, many municipalities have identified potential annexation areas during the planning process and have initiated aggressive annexation programs to expand municipal boundaries to include enclaves and pockets at some future time. Many of the residents who reside within these enclave and pocket areas are, however, reluctant to agree to annexation because of tax increases associated with municipal incorporation. Conversely, many of the municipalities may not strongly favor immediate annexation of enclave and pocket • areas as such action may unduly burden the municipality in the provision of service, especially the maintenance cost of servicing the enclave and pocket areas, once incorporated. Hence, the Annexation Incentive Program is intended to encourage annexation through assessment reduction for improvements to unincorporated, substandard developments in enclave or pocket areas. Priority for these improvements are given to areas located east of Military Trail pursuant to the County's policy of directing growth into the eastern communities. Purpose The purpose of the program is to: a) reduce the assessment for facility improvements for owners of real property within an enclave or pocket; b) encourage municipal acceptance of the annexation of an unincorporated, enclave or pocket area once the existing infrastructure is brought up to County standards or standards acceptable to the annexing municipality; and c) eliminate the remaining unincorporated enclaves and pockets. Eligible Improvements Under this program, eligible improvements to an enclave or pocket area include, but are not limited to, both individually and in combination, improvements such as: • pavement, grassing, landscaping, storm drainage facilities, traffic control devices, driveways, earthwork and all engineering and administrative expenses in connection with the project. The term landscaping includes the installation and maintenance, pursuant to the County's Landscaping Ordinance. • street highway improvements such as poles, wires, lines, cables, lamps, meter boxes and all other components of a street lighting system and all engineering and administrative expenses in connection with the design, implementation and construction as well as the maintenance expenses, including electric utility company charges for the supply of electric power to said improvements. • in neighborhoods of special environmental concern with special problems requiring facilities for water services, sewage collection and disposal, or drainage, the Board of County Commissioners may provide any or all improvements. All provisions above are subject to the MSTU Ordinance 91-41. Participation Requirements Based on the MSTU ordinance and the Annexation Review Policy provisions, the participation requirements are set forth below: • all improvements within the developments will be made on County unincorporated lands or within a municipality when a project was initiated while located in unincorporated Palm Beach County. 3 • for roadway projects, there shall be sufficient right-of-way within the enclave or pocket area to bring roadways up to County standards. or to standards acceptable to the annexin, municipality (County Standards are determined by the County Engineer). • the proposed annexation area shall meet the statutory requirements of Chapter 171 F.S. as established in the County's Annexation Review Policy. • annexation must be agreed upon by 100% of the property owners via a signed petition for voluntary annexation into municipal boundaries. The municipality must agree to accept the voluntary annexation. • annexation must be agreed upon by a majority of the property owners and registered voters residing in the area to be annexed via a signed petition for involuntary annexation into municipal boundaries. The municipality must agree to hold an involuntary annexation election. • voluntary and involuntary annexation shall occur only when all development improvements have been made and approved by the County Engineer, except when a project was initiated while located in unincorporated Palm Beach County and the municipality consents by ordinance to participation in the Municipal Service Taxing Unit_ • enclave and pocket areas shall be located within a future municipal annexation reserve area as identified in the municipal land use plan or other official documents. Cost Incentive Option and Benefits An assessment incentive option is available to municipalities and landowners who seek to use this program to improve facilities in developments which would significantly benefit from infrastructure improvements. This option is designed to reduce the facility cost assessment to landowners, but requires municipalities to financially contribute to the cost of improvements. The program is based on up to one-third cost sharing agreement between the County, municipality and landowners, with the assessment cost spread over a maximum ten year period at 10% simple interest charge to landowners. The municipality must pay their portion upfront, unless another payment plan is agreed upon. Payment will be initiated one year after project completion per the MSTU Ordinance. Subject to BCC approval landowners will have the option to include within the assessment any impact fees and connection fees which may apply. These fees are in addition to the assessment for providing water and sewer lines or roadways. Landowners not electing to include these fees within his/her assessment will be fully responsible for them. County/Municipal Benefits: • County retrieves two thirds of the cost associated with this program over a maximum ten-year period. Accrued funds will re-enter the program and be redistributed to other eligible projects. • Municipality will pay just 1/3 cost of facility improvements but receive an improved development when annexed. 4 • Landowners will be assessed only one-third of the cost for all allowable improvements under the MSTU Ordinance_ This is a substantial assessment cost reduction when compared to other similar projects in the same program located outside municipal annexation boundaries. • County/municipal comprehensive plan goals, objectives and policies will be realized The number, size, and location of proposals each year will vary, but each proposal shall be evaluated on the following criteria to determine its funding priority. Whether the substandard development: -is located in an enclave or pocket. •has severe facility deficiencies (substandard). •is a logical extension of municipal boundaries. -is included in a municipal annexation plan. •is located east of Military Trail. Area Restrictions Due to bond restrictions, this program shall not apply to properties within the Palm Beach County Water Utility Department service area. Review This program will utilize both the Palm Beach County Annexation Review Procedures and the County's Municipal Service Taxing Unit Program (MSTU) to review and implement policies contained herein. The following departments/divisions will also participate in the review process. • The County Planning Division and Legal Department will determine if the proposed project meets the statutory requirements of Chapter 171 to enter the program, utilizing the Annexation Review Policy to determine the status of the request. • The Fire-Rescue Department will review all proposed projects for the purpose of recommending that services be either taken over by the annexing municipality or continued by the County. In addition, the Fire-Rescue Department and Annexing municipality's fire-rescue service provider will make recommendations regarding fire flow and hydrant placement when such improvements are required. • The Parks and Recreation Department will review all proposed projects for the purpose of recommending whether small designated neighborhood parks (five acres or less) owned or operated by Palm Beach County shall be conveyed to the municipality upon annexation or continue to be under the jurisdiction of the County. • The Library Department will review the proposed annexation for impact on Library Taxing District revenues, service delivery and facilities. 5 Implementation The Engineering Department will do all the administrative and technical work involved in the implementation of the program as established in the N1STU Ordinance 91-41. Such activities will include the following: • provide a cost estimate for the project • develop an interlocal agreement between the County and the participating municipality • forward petitions to area residents • develop a budget for the project • design the project • hold public hearings • construct the project The Engineering Department and the Planning, Zoning and Building Department will answer any questions from citizens or municipalities interested in this program. Prior to any annexation referendum, the Palm Beach County Planning Division will be responsible for the coordination of election and program information to the public on the annexation program. File:S,MDISC2/ANNEX 1NCE I PROG(1/93) JP1111*- lop .