Item R2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
May 15, 2002
Division: County Attorney
AGENDA ITEM WORDING:
Approval to rescind interlocal agreement with Village of Islands for a
countywide Building Code Compliance Review Board.
ITEM BACKGROUND:
The municipalities decided to participate in the saee interlocal agreement and an
agreement encompassing all municipalities except Key West (which opted out) was
passed by sace at March 21,2002 meeting.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVA~~
~ENDRICK
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
-fJ-
COMPUANCE REVIEW BOARD
INTERLOCAL AGREEMENT
THIS INTERlOCAL AGREEMENT is entered between Monroe County, Florida, and the
Munldpaltty of Islamorada, Florida, as of the date last signed below, establishing a countywide
Compliance Review Board to review local technical amendments. to the Florida Building Code.
WHEREAS, the Florida Building Code Act of 1998, as amended, created a building code
to be uniformly in effect throughout the State of Florida, beginning January 1, 2002; and
WHEREAS, Section 553.73(4)(b)(7), Florida Statutes, requires each county and
municipality desiring to make local technical amendments to the Florida Building Code to
establish, by intertocal agreement, a county-wide compliance review board to review any
amendment to the Florida Building Code, adopted by a local government, that is challenged by
any substantially affected party for purposes of determining the amendment's compliance with
Section 553.73, Florida Statutes; and
WHEREAS, the parties to this agreement, constituting one or more local governments
within Monroe County, Florida, and Monroe County desire to preserve their respective abilities
to make local technical amendments to the Florida Building Code, and thereby wish to
establish a countywide compliance review board with the power, jurisdiction and authority to
review local technical amendments to the Florida Building Code, pursuant to SectIon 553.73,
Florida Statutes;
NOW THEREFORE, in considerabon of the foregoing premises, the parties hereto
agree to the follOWing:
Section 1. IncorDoration by Reference.
The foregoing preambles are incorporated in and made a part of this
Interlocal Agreement.
Section 2. Creation of Board: Composition.
A.. There is hereby created and established a countywide compliance
review board to be known and designated as the Building Code Compliance Review Board, and
hereinafter referred to as the Board.
B. The Board shall consist of one (1) member appointed from and by
each local government which is a party to this Jnterlocal Agreement. Membership upon the
Board shall be expanded to indude one (1) mer;,ber from and by each local government which
hereafter enters Into this JnterlocaJ Agreement, subject to the provisions hereof.
C. Each member's term shall be for a period of three (3) years.
O. Each participating local government shall appoint a member who
resides within the boundaries of the respective local government, and has to the greatest
extent possible, knowledge and expertise In building construction, fire safety standards and
construction codes.
E. The Board ihall elect a chair who shall preside at all meetings, and a
vice-chair, who shall serve in the absence of the chair. The chair and vice-chair shall be voting
members of the Board.
.,. ........Fl'I'"
'lIIiiI"y""'......--.,,, ,..,","y u..,~u. L'~ ""'I:;....I~.'-I.. '-#1 LIlli::" L.JI~'I.." II'J .......... .-.1l....._ ....,.1....11... . .......11.__.....
F. Members of the Board shall serve without compensation. Travel
reimbursement to meetings, if out of area of residency, is the responsibility of the appointing
government and shall be pursuant to that government's rules.
Section 3. AdoDtlon of Rules and Procedures: Minutes.
A. The Board shall be entitled to adopt such rules and procedures as
from time to time it shall deem appropriate for the proper conduct of its duties.
B. The Board shall keep minutes of its proceedings, showing the vote of
each member upon each question or, if absent or failing to vote, indicating such fact and shall
keep records of its hearings and other official actions, all of which shall be of public record.
C. Meetings shall be conducted in a centrally located place.
Section 4. Ouorum.
A majority of the active members of the Board shall constitute a quorum,
and the affirmative vote of a majority of the members present shall be required for any action
to be taken; but a smaller number may adjourn from time to time until a quorum is present.
All Board members in attendance shall vote on all board actions,
decisions and recommendations except when, with respect to any such member, there is, or
appears to be, a conflict of interest, as prohibited by Florida Statutes. In such case, such
member shall abstain from voting and shall not be included for purposes of calculating a
quorum as to that specific matter.
Section 5. Powers of Board.
The Board shall have the power to:
(a) Adopt rules for the conduct of its hearings, which rules shall require,
at a minimum:
(I) Petitions for hearings shall include identification of the
n~titinn~r ."t..............n. n' .h... In,.", I .....,.h.. I,."" I "".........~......._~
with respect to the specific matters contained herein and supersedes all previous discussion,
understandings, and agreements. The parties in writing herein shall make amendments to or
waivers of the provisions.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed
on the date indicated below.
(SEAL)
ATTEST: DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
Date
(SEAL)
ATTEST: VILLAGE CLERK
ISLAMORADA, VILLAGE OF ISLANDS,
FLORIDA