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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_08/13/2009rt` J~ VILLAGE OF TEQUESTA ~..~~ AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: :;~+ck here to enter text. Consent Agenda: !goose an item. Resolution #: Resolution 14-09 Originating Department: Village Manager /Village Attorney L. Nl7C1YL/f+- 1 1 Cm 11 1 LC: (VVOfQlrlg TQrm Tne JUtSJCI. I nne oT your stair report Resolution 14-09, Initiating Conflict Resolution Procedures with the Town of Jupiter Inlet Colony Pursuant to the Florida Governmental Conflict Resolution Act 3. BUDGET /FINANCIAL IMPACT: Account #: :iick r;ere t~ ~~nt _~r text. Amount of this item: ~ +ck here to enter text. Current Budgeted Amount Available: Amount Remaining after item: ~ . Budget Transfer Required: _ ' goose ar Appropriate Fund Balance: Choose an +tem 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) -- --_ _ - _- - 5. APPROVALS: Dept. Head: Finance Director: ^ Reviewed for Financial Sufficiency ^ No Financial Impact Attorney: (for legal sufficiency) Village Manager: ~-~ '-~" • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ^ Yes ^ No ^ • DENY ITEM: ~ ~ RESOLUTION NO. 14-09 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INITIATING CONFLICT RESOLUTION PROCEDURES WITH THE TOWN OF JUPITER INLET COLONY, FLOIYIDA PURSUANT TO THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT; STATING THE VILLAGE COUNCIL'S INTENT; SETTING FORTH THE ISSUES THAT ARE IN NEED OF RESOLUTION; PROVIDING FOR PROCEDURES; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta (the Village) is party to an interlocal agreement with the Town of Jupiter Inlet Colony (the Town) for the provision of fire/rescue services; and WHEREAS, there is a present dispute between the Village and the Town regarding said interlocal agreement, specifically related to the appropriate fees to be paid by the Town to the Village for the continued provision of fire/rescue services as contemplated by the interlocal agreement; and WHEREAS, the Village has attempted to enter into informal discussions and negotiations with the Town in an effort to resolve the present dispute, but said attempts to reach an agreement have failed; and WHEREAS, The Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, (the Act) is intended to promote, protect and improve the public health, safety and welfare by enhancing intergovernmental coordination efforts through the use of an equitable, expeditious, effective and inexpensive method of conflict resolution which must be utilized among local governments prior to instituting litigation; and WHEREAS, in accordance with the requirements of Sec. 164.1052 of the Act, it is now the intent of the Village to initiate conflict resolution procedures with the Town in order to resolve the current dispute with the Town regarding the aforesaid interlocal agreement prior to initiating court proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCII. OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: The foregoing recitals are true and accurate, and are hereby incorporated into this Resolution_ 1 Section 2: ,The Village Council of the Village of Tequesta, a municipal corporation, hereby initiates the conflict resolution procedures of the Florida Governmental Conflict Resolution Act with the Town of Jupiter Inlet Colony, Florida, prior to initiating court pgs• Section 3: The issues which are the subject of this conflict resolution procedure are the re-opening of the interlocal agreement and the re-negotiation of the fire component base rate and the rescue component base rate in accordance with Section VI. B. of the interlocal agreement. Section 4: The Village Manager is hereby directed to provide, within five (5) days of its adoption, a letter and a copy of this Resolution to the Mayor of Jupiter Inlet Colony via certified mail, return receipt requested. The letter shall, at a minimum, state the nature of the conflict, identify any other government entities also in conflict with the Village, state the Village's justification for initiating the conflict resolution process, propose a date and location for the conflict assessment meeting to be held in accordance with Sec. 164.1053 of the Act, and make suggestions regarding the officials who should be present at the conflict assessment meeting. ection 5: The Village Manager is further directed to mail a copy of the letter and this Resolution to any state, regional or local governmental entities which the Village has determined may have a role in approving or implementing a particular element or aspect of any settlement, or whose substantial interests may be affected by the resolution of the conflict, as well as any other governmental entity deemed appropriate by the Village. Section 6: Finally, the Village manager is directed to do all other things necessary to effectuate the conflict resolution process, including providing for the conflict assessment meeting in accordance with Sec. 164.1053 of the Act. Section 7: This Resolution shall take effect immediately upon its adoption by Council. The foregoing Resolution was offered by ,who moved its adoption. The motion was seconded by ,and upon being put to a vote, the vote was as follows: 2 TOWN OF JUPITER INLET COLONY A MUNICIPAL CORPORATION 1 COLONY ROAD TELEPFtONE: 5617463787 JUPITER INLET COLONY FACSIMILE: 561-746-1068 FLORtOA 33469-3507 E-MAIL: jicolony~bellsouth.net May 2s, 2009 HAND DELIVERED The Honorable Pat Watkins, Mayor Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Re: Village of TequestalTown of Jupiter Inlet Colony Interlocal Agreement for Fire Rescue Services Dear Mayor Watkins: The Town is in receipt of your letter of May 15, 2009 together with proposed Resolution No. 14-09. In response to this correspondence, the Town Commission met at a Special Meeting on May 21, 2009. I am writing this letter at the request of the Town Commissioners. In lieu of proceeding with the formal requirements of the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, the Town requests that the parties immediately commence negotiations concerning a long term Agreement for firelrescue services. In furtherance of this objective, the Town requests that the Village provide a written proposal for along-term relationship whereby each party pays its fair share for fire/rescue services as soon as practicable in order to initiate the negotiation process. This alternate suggestion is made for several reasons. Assuming the "Contract Openers" provisions of Section VI of the Interlocal Agreement may be initiated at this time, pursuant to the terms of the Interlocal Agreement, these negotiations would be limited to a new fire component of the base rate "as it pertains to the added costs of the fire station" and a new rescue component based on the increased costs of the Village providing the EMS services. If only the "Contract Opener" issues are resolved in the conflict resolution process, due to the expiration date of the current Agreement, it would remain necessary for the parties to negotiate a new overall contract prior to October 1, 2013. The Honorable Pat Watkins, Mayor Village of Tequesta May 28, 2009 Page 2 It is suggested that the current negotiation of a long-term Agreement addressing all outstanding issues may well prove advantageous to both towns. It is my understanding that the Village may be assuming a larger service area. during the 2009/2010 fiscal year due to its providing service to certain areas in unincorporated PaLn Beach County. If the larger service area comes into fruition, the Town would then seek to renegotiate the Base Rate pursuant to Section VI (A) (3) of the Interlocal Agreement. Again, it is suggested that the negotiation of a new long-term Agreement addressing all of these issues would be more practical. The Town Commissioners sincerely hope to be able to enter into a long term Agreement with the Village of Tequesta for fire rescue services that is equitable to all parties concerned. In the event the parties are unable to negotiate along-term Agreement a't this time, certainly the Town would be willing to proceed with the exmflict resoltrtion procedures set forth in Chapter 164, Florida Statutes, in order to address all "Contract Openers ~, Please advise as to the position of the Village after you have had an opportunity to consider this proposal. Sincerel~- Jdfn M.