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Resolution 315-1986 ~ Charles Pattison RESOLUTION NO. 315 -1986 A RESOLUTION AUTHORIZING THE MAYOR OF MONROE COUNTY TO EXECUTE ON BEHALF OF MONROE COUNTY AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE COUNTY TO PERFORM CERTAIN TASKS IN CONNECTION WITH THE IMPLE- MENTATION OF THE NEW COUNTY LAND USE PLAN. WHEREAS, the Department of Community Affairs, State of Florida, has funding available in the amount of $1,050,000 in order to aid Monroe County in implementing its new Comprehensive Land Use Plan; and WHEREAS, it is desired to take advantage of such funding; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: The Mayor is authorized to sign and execute, on behalf of Monroe County, Florida, an agreement with the Department of Community Affairs, State of Florida, whereby Monroe County shall perform certain tasks necessary to implement its new Comprehen- sive Land Use Plan and development regulations and the Department shall fund those tasks in the amount of $1,050,000. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board on the 17th day of October , A.D., 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By $~~~ '~MAYOR :PRO TEr-1 (SEAL) Attest: AP.~'R DAS TO FORM AN. / JtL SUFF~CIENCY. -I,.' jJ (" ' @ lo ~c1f~'t-~Ji BY ~ f Attorney's Office ' ~1l:.~10RANJ)lJ~1 OF AGREEl\tI:;NT This agreement is being entered into by and between the Department of Communi ty Affairs (Department) and Monroe County (County) to provide for the implementation of the Monroe County Comprehensive Plan and land development regulations including a land u.. map and capital facilities program, associated with a publio services plan in order to t I insure that future growth management in the Florida Keys wi 11 be coordinated, well,. pl'anned and competently implemented. WHEREAS, the County has been declared an Area of Critical State Concern pursuant to Section 380.05, Florida Statutes, and therefore. has prepared, and submitted a Comprehensive Plan and land development regulations approved by the Department and the Administration Commission in accordance with Section 380.05. Florida Statutes. WHEHEAS, the 1986 Session of the Legislature provided an appropriation of $1,050.00~ from the General Revenue Fund to the Area of Critical btate Concern Trust Fund for implementation assistance for comprehensive plans and land . development regulations developed pursuant to the area of critical state concern program within the Florida Keys area. ~ltEREAS. the l\aonroe County Comnatesion approved and submitted to the Department its compr~henaive plan and land development regulations ,in 'accordance with lection 163.3161, !1!!S. and 380.05, Florida Statutes, on February 28, 1986. WHEREAS, the Administration C~le.ion voted to accept these documents, with changes, at it. ..eting of July 29, 19~6. and subsequently established the effective date for the implementation of this comprehensive plan and land development regulations as SepteMber 15. 1.86. 1 \~HERE.-\S, both the Department and the County have committed to provide staff and resources to support this cooperative planning effort. NOW, THEHEFOHE, THE OEPAHTMENT AlolD THE COl/NTY 00 MUTUALLY AliltEE AS FOLLOWS: I. Covenant for Service The Department does hereby retain the County to perform the services described herein and the County does hereby agree to perform such services under the terms and conditions set forth in this alreement. II. Availability of Funds Payment of state funds purluant to thil agreement are subject to and conditioned upon the release of authorized appropriations from the'Area of Critical State Concern Trust Fund. III. Oefinition, Scope and ~uality of Service. (A) Intent of the Agreement The County agrees, under the terms and conditions of this agreement and the applicable state ,nd local laws and regulations, to undertake, perform, and complete the seven tasks listed below which will help enlure lucce8sful implementation of the Monroe County Comprebenlive Land Use f Plan. .' (D) Scope of Services and Schedule of Ueliverable. The County awrees to complete the ..vea tasks listed below: (1) Land Use Plan Adminillration: 'J29,500 These funds will be allocated 'for the below purposes: 2 (a) Eight new contract positions to cover the added implementation requirements of the comprehensive plan ($IH2,OOO), said positions to include one transportation planner at $26,OUO; one socio/economic planner at $24,00U; one generalist planner at $24,000; one permit biologist at $24,000; one enforcement biologist at $24,OUO; two secretaries at $12,500 each and one civil engineer at $35,000 -- duties and responsibilities are found in ADDENDUM A, Position Uescriptions; (b) Uffice expansion and outfitting: $47,500. The County is authorized to expena these funds to properly equip the office(s) for the eight new positions described in (a) above. Said monies may be used for of (ice equipment, telephones, supplies, space rental and office renovations as needed; and (2) Comprehensive Land UB. Plan Refinement: 5412,50U In order to further the County's compliance with the 19~5 Growth Management Act, the 1986 revisions to the act and the necessary update items iaentifieQ by the Department in its review of the February 28, 19~6 submittal made by the County, the County will complete the followini activities, , with consultants or subconstraotors .s necessary, as follow. : Ca) Refine the land use di.trict .ap. and the existing cond it ions map. from the current sca 1 eat' 1" = % 600' to an improved soa1. of 1" . 200' at a cost tbooo of .....u.. in conjunotion with the ongoing effort at the Monroe County Property Appraiser's Office ana provide the Uepart.ent with one sepia/mylar original and one paper copy of each map series; 3 (b) Heassess and refine using field collected data from each habitat type the Habitat Evaluation Index (I1El) found .in Volume 1 and Volume 2 of the comprehensive plan and prepare in report format a submittal to the County Commission for consideration no later than the first six-month update of the comprehensive plan at a cost of $25,000; (c) Review the environmental performance standards established in Volume 3 of the comprehensive plan's land development regulations to establish appropriate mitigation alternatives for adoption consideration by 'the County Conmission during the second six-month update of the comprehensive plan at a cost of $25,000; (d) Complete the consideration for adoption as an amendment to the comprehensive plan of the North Key Largo Area of Critical County Concern and Habitat Conservation Plan by the County Commission ~OL~\ ~ and, ~ adop~ the County will prepare and submit or cause to be prepared and submitted, an application to the titate of rlortda for an area-wide Development of Regional Impact as well as an Environmental I~.ct St.te..n~~ ~ "4tPl i.aHaR 1M lhe nnnaenta'! t.-.lft. -f)f et;)d'Rl81'vd -l"I'",lu5 tu lne lJ.~. ".ta and Wi tdl i f.a ..r.{u. -- the cost for accompll.hing these tasks i. $30,000. (e) Hubcontract for a traffic impact model capable of projecting future levels of service and road improvement co~t..whioh will utilize the County's computer syste. at a cost of $30,000 -- said model will be used as a baatft for establishing compliance with the oOlllpr'ehenaive plan's adequate facilities provision., and the Florida Department .. of Transportation will be requested to review and I comment on all aspects and phases involving the development of the model; (f) Complete the focal point planning programs established for the Holiday Isle and Sunshine Key Areas of Critical County Concern to replace the existing interim rules no later than the second six-month update or the comprehensive plan at a cost of $11..000; (g) Develop a useable procedure to register fishermen IF w?fit:~~~~~~~~J~ftf~l--~:~~~~ 9~;x}5 within 90 days of September 15, 19H6, at a cost of $7.500; (h) Uevelop a useable procedure for the registration of all non-conforminl uses no later than the second six-month update of the comprehensive plan at a cost of $7,500; (i) Develop and implement a Transferable Development Hight accounting program for use on the County's computer system by the first six-month update of the comprehensive plan at a co,t of $7,000; (j) Hecodify the land development reaulations found in Volume 3 of the comprehensive plan for use in the County Code Book at a cost of S'.OOO no later than the completion of the first six-month update of the comprehensive plan and tranemit two complete copies to the Depart.ent; (k) Salary augmentation: ~36.000 The.. funda will be distributed to the ataff position8 of the ~onroe County Planning. Huilding and Zoning Department in existence on September 14. 1!:t~6. These montes ','fill r.sult in a $:J,OOll salary increase for each of the six 51-level 5 classifications and the other managerial and/or professional position. of planner and biologist involving six additional person.. These funds are made available to recognize new responsibilities associated with the comprehensive plan and land development regulations. The monies will be reflected in p.ycheck. covering the period from the execution of this contract alreement through October 1, 1987. (1) Uevelop in conjunction with the Houth ~lorida Water ~anagement District, Department of Environmental Regulation and the South Florida kegional Planning Council, a stormwater runoff ordinance for adoption con.ideration by the County Commission during the first six-month update of the comprehensi~e plan at a cost of $10,000; (m) Prepare a survey of archaeologioal, historical and cultural sites for consideration by the County as landmark designations no later than the second six-month update of the comprehensive plan at a cost of $15,000 -- the County and the Department agree to request" the a8sistanc~ of the Florida Uepartment of state in this .ffort; (n) Uevelop a .ign prog.a. to impl-.ent the prohibition 61 off-premises and portable signs no late. than the .econd eix-month update of the comprehensive plan at a cost of $4.500; (0) Prepare a handbook a.d/or p~phlet explaining landscapinl and bufferyard requirements no later than the first six-month update of the comprehensive plan at a cost of $2,500; 6 ~ (p) Implement an impuct fee accounting and tracking procedure no later than the first six-month update of the comprehensive plan at a cost of $4,50U; I (q) Uevelop and implement a conditional use monitoring program in coordination with the County's computer system no later than the first six-month update of the comprehensive plan at a cost of $10,OUO; (r) Review the Uestination kesort requirements and prepare a report describing possible refinements for consideration by the County Commission during the second six-month update of the comprehensive plan at a cost of $S.OOU; (s) Prepare a rep.ort, for consideration by the County Commission during the second six-month update of the comprehensive plan which reviews the status of live-aboard vessels at a cost of $7.500; (t) Uevelop a focal point planning program for the Marathon area for consideration by the County Commission during the second six-month update of the comprehensive plan at a cost of $5,000; (u) keview the Mi~ed'Use District and prepare a report for consideration by the County Commission during , the second six-month update which describes the suitability of existing standards and recommend appropriate changes at a cost or $5,000. (v) ~ithin 6 months of tbe effective date of this Plan. the County will implement. in cooperation with the Department of Environ.ental kegulation and other state and federal agencies, a water quality monitoring program to ensure that the I individual and cumulative impacts of development, e.p~clully wastewater treatment systems, c~nercial water dependent activities and live 7 aboard vessels, do not degrade nearshore water quality. The County will invite the Cities of Key West, Key Colony' Ueaoh and Layton to participate in the development of this water quality monitoring program; aampling stations for these Cities shall be included in the program and the cause of any water quality problem shall be identified and corrective measures are to be recommended at a cost of $6~,OOO: and (w) Upon the submittal of appropriate documentation, the County is authoriled to incur travel expenses associated with the implementation of this contract agreement up to a cost of $2,500 in accordance with Sec. 112.061 Florida Statutes. (3) Legal Assistance: $lUO,OOO These funds are hereby c~itted for the following purposes: (a) The preparation of a "users' manual" for the new comprehensive lana u.e plan. Such manual shall be in booklet or notebook form and shall provide to the general public the following: a description of the plan, the development regulations and pe~itting process; a description of how to utilize the procedure. of the plan, development relulation. and permlttinl proo...; and any n.oe..ary Iraphic. or charts which would aid in citizen under.tandin. of the plan. development relulation. and permitting process. Also, the preparation of form books to be used in , enforcement p....oceedin.a at a total cost of $10,000. . (b) The preparation of an initial legal analysis of issues that are raised by the plan, development regulations, and permitting process, including, but not limited to: claims of vested rights under the plan or development regulation provisions; claims of vested rights under any Florida statutel constitutional provision or case law or claims of vested rights under any federal statute, I constitutional provision or case law; claims that the plan and development regulations do not bear a substantial relutionshtp to the public health, safety and welfare; claims that the plan Dnd rlevelopment regulation8 deprive affected persons of due process, procedural and substantive, and of equal protection df the law; and claims that the plan and development regulation effect a regulatory taking. The analysis will be designed to provide the County Attorney, or other designated County legal representative, with a comprehensive legal research reference to serve as a basis for: required interpretations of the plun and development regulations, administrative proceedings under the plan or development regulations, and legal challenges to the plan and development re~ulation.. An analysis shall also be prepared of any ordinances, r.solutions or other regulations servlftg as a .ap or bridge , between the development regulations in effect on July 14. 198ti. and the new plan and new , development regulation. at a total cost of $35.000. (c) The implementation of the area of critical county concern designation tor North tiil Pine Key, including: the design of'a planning and legal methodology for t~e required focal point planning program; preparation of. and taking part in, n citizen participation program, coordination of , ~ 2011ection and consultatio llysis regarding future land use in areas of environmental resources such as, by way of illustration and not limitation, the endangered Key Ueer; preparation of amendments to the plan and development regulations; and participation in the amendment process at a total cost of $15,OUU. (d) The providing of ~rofe.sional assistance in the plan and development regulations update at the six month review period with particular attention to implementation of the adequate facilities provisions of the plan and the incorporation of the North Key Largo habitat Conservation Plan at a total cost of $40,000. (e) Any other services, if authorized by the County, acting through th~ Board of County Commissioners, at terms mutually agreeable to both parties. Additional costs'associated with this work will be assigned from allocations made to the other work items (a) through (d), and shall be reduced to writing. (4) Overtime Compensation: $68,000 These funds will be dfstributed to the inspectors, building/planning/zoninl coordinators. secretaries. aids and clerks positions within the Planning. Building, and Zoning Department for compensation for all hours worked in addition to the no~al 37-1/2 hour work ..ek. The overtime rate of 1-1/2 times the employee'. base rate of cOMpensation will be the dete~ininl rate of distrib.tion of the.e monies. These funds are made available to recOlnize the additional hours required to a.sist in the impl...ntation of the new comprehensive plan and land development relulations. The monies will be reflected in pay.hecks covering the period from the execution of this contract' agree..nt through 10 uctober 1, 1987 and will be documented on forms provided by the County. (5) Special Study QY ~roperty Appraiser: ~~ IF . The County's Property Appraiser will prepare and submit a report documenting that offioe's review of the property assessments affected by the comprehensive plan and land development regulations no later than June 1, 1987 at a cost of $35,000. (6) Hearing Officer Cost.: $25,000 Based on the beneficial use and vested rights provisions of Chapter 8, Volume 3, of the County land development regulations, I . the County will retaln several appointed Hearing Officers who are members of the Florida Bar for the purpose of reviewing claims for beneficial use and vested rights. Hearing Officers will be retained on an hourly contract basis. Eligible costs shall include time to prepare recommended conclusions of law and findings of facts for consideration by the Co~nty Conwission. travel associated with the hearings, document reproduction and preparation, and Court reporter services at a total cost of $50,UOO. (7) Special Counaai/Legal ,efenle: t18U,OOO The County will retain a 8pecial Couna.l to act as its leneral legal representative oonoerning litilation involving the County'. implementation of ita oomprehensive plan and land develop.ent regulations. Tke Special Counsel and/or members of the firm as appropriate will be expected to advise the County in matters of .tate and Local law, including chanles and proposed ohanges, involving administrative and policy. decisions made during the implementation of the comprehenaive plan and land , development regulations and on aych other _atters as the County deems appropriate at the discretion of the County 11 Attorney. The Special Counsel will coordinate these responsibilities with the ~lanning Department and the County Attorney's Office. The ~pecial Counsel will prepare, within six months after selection, impact fee ordinances and other appropriate legal instruments such as interlocal agreements for adoption consideration by and between Monroe County and the Cities of Key Colony Heach and Layton for the collection of impact fees from new development in those Cities and ensure the transfer of fees collected to the County for those impacted County services. Compensation shall be in the form of a separate contract which will specify hourly rates. expenses, costs and modification provisions. IV. Consideration (A) Amount of Conaideration As consideration tor work rendered under this agreement, the Department agree a to pay an amount up to $1,U5U,OUO. This is a fixed fee agreement and payment will be based on costs identified in ADDENDUM B. (B) Use of Funds Funds may be used for salaries and expenaes of local government staff members or suboontractora involved in completing the work tasks identified in this oontract alreement under III (D). Scope .f Service. and Schedule of Deliverable.. (C) Mutual Agreement. Both pa,ties reserve the rllht to amend this schedule when sufficient evidence as to the desirability of said change can be presented. The parti~s may only amend this schedule by mutual written cons.nt. 12 The County may amend any grant budget line item, increasing or decreasing it, by up to 10% if the amendment does not change the impact on direct beneficiaries of the project and if the cumulative effect of a number of such changes does not exceed 10% of the total approved grant amount. All such amendments muat be documented in the County's file and be accounted for in subsequent periodic and other required reports to be submitted to the Department. In no case .hall any amenoment result in a total expenditure under this contract agreement which would exceed the $1,050,000 herein authorized. Both parties further agree that any State institution or agency may be subcontracted with directly to perform work tasks authorized by this contraot agreement. V. Method of Payment The Uepartment agrees to pay the County upon submittal of the proper invoices as found in ADDENDUM B, Work Program Costs as follows: (A) Upon execution of this Agreement, $25,000 for Hearing 0fficer costs. (B) with appropriate docu.entation that the new positions identified have been retained, .ither individually or as a group, $lij2,OOO for salaries and '.T,SUO for appropriate offioe facilities and/or impr..ements associated with these positions. (C) With approp.late doc~ntation that the County has accepted the salary au.-entation program, $36,000. (0) Upon submittal of appropriate documentation up to $100,000 as described for legal aasistance. (E) Upon submittal of an appropriate contract for legal services on retainer as apecial counael and legal 13 defense of the comprehensive plan and land development regulations, $180,000. (F) upon completion of the work program items scheduled for the first six-month update of the comprehensive plan, $209,250. (G) Upon completion 9f the work program items scheduled for the second six-month update of the comprehensive plan, $203,250. (H) With appropriate documentation, the County has accepted the terms and conditions of the overtime compensation program, $68,000. (1) Upon completion of the ~roperty Appraiser's special study to review property assessments, $35,000. VI. Receivables and Acceptance. If all required receivable., prescribed in the scope of services above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department shall withhold further payments until they are completed and accepted. The uepartment has discretion to approve or reject the items submitted to it pursuant to this agreement. Within fifteen (1$) working day. after the Department receives an item. it will review the item and respond to the County in,writinl, either a"roving the item or rejecting the item, .pecifylft. the rea.on. for rejection. The Department may te~inate the contract with the County if receivables are not received within ten (10) days after notice. "Acceptable to the Department" means that the work products are completed and submitted as a professional product the contents of which are consistent with the scope of services. 14 VII. Audit Requirements (A) The County agrees to maintain adequate financial procedures and adequate support documents to account for the expenditure of funds under this contract. (B) These records shall be available at all reasonable times for inspection, review, or uudit by state personnel and other personnel duly authorized by the Department. "keasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., Local Time, Monday through Friday. (C) The County shall al80 provide the Uepartment with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this contr~ct. (D) The County shall include an accounting of these funds in the local audit prepared by the County for the 1986-87 and 1987-~8 fiscal years as applicable. (E) The County shall retain all financial records, supporting documents, statistical records. ana any other documents pertinent to this contract for a period of three years after the date of submis.ion of the final expenditure , report, or if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit flndlna.. VIII. Publio "cords The County shall allow pu_lic acce.s to all documents, reports, papers, letters or other material. subjeot to the provision of Chapter 119, Florida Statutes, prepared or received by the County in conjunction with this contract. It is expre..ly under.t~od that up~n reoeipt of substantial evidence of the County's refu..l to comply with this 15 provision, the Uepartment will have the right to terminate this contract for brea~h. IX. Subcontracts (A) If the County subcontracts any or all of the work required under this contract, the County agrees to include in the subcontract that the subcontraotor is bound by the terms and conditions of this contract with the Uepartment. (H) The County agrees to include in the subcontract that the subcontractor shall hold the Department and the County harmless against all claims of whatever nature by the . subcontractor arising out of the performance of work under this contract. (e) If the County subcontracts, a copy of the executed subcontract must be forwarded to the Department within ten (10) days after execution. X. Contract Term (A) The contract .hall become effeotive on the last date of signing by the partiee involved. No cost may be attributed to this con~raot prior to that date. (B) All activiti.. performed pursuant to this program shall be completed on or before Uecember 1. 1987. The contract shall terminate on the same date or upon the last payment to the County whichever comea tirlt. Xl. Modification of Contract ~odiflcation of the provlllons of thl. contract, including any extenston"of the te~inatioft of this contract, ahall only be valid when ~hey have been reduced to writing, duly signed by the parties hereto, and attached to the original of this contract. 16 Xl I. Terms and Conditions Nothing in this agreement ahall be construed to require County performance on any of the tasks described herein if funding for that task is not available from the Department. The Department likewise finds that nothing in this agreement shall be construed as a commitment to future funding. The contract contains all the conditions und terms agreed upon by the parties. Attached to this agreement are the following: 1) Addendum A, Position Descriptions, and; 2) Addendum B, Work Program Coats IN WITNESS WHEREOF, the parties have caused this 17 page Agreement to be executed by their undersigned officials as duly authorized. ~~ ~ 'l _ . i/-tr: II. ~~ ~;Nv Tom Lewis, Secretary Uepartment of Community Affairs State of florida Monroe County Uate /0- /7-~~ Date \~ i t ne s s \d tness 17 ADDE..... A POSITIUN UEHCkIPTIONS TafAL ADUENDUM 8 WOHK P1t()(iRA.l'V1 CO~TS 1. LANU USE PLAN AlJl\1INISTHATION (a) eight new positions (b) office expansion/outfitting 2 . LAND U~E PLAN REFINEMENT I (u) land use/existing conditions maps update (b) HEI reassessment/refinement (c) nlitigation alternatives/strategies (d) North Key Largo ACCe (e) traffic impact model (f) focal point planning program (g) registration of fishermen (h) registration of non-conforming uses (i) TDk accounting system (j) recodify codes (k) salary augmentati.on (1) stormwater runoff ordinance (m) archaeological resources element (n) sign program (0) I andscape handbook (p) impact fee accounting/recording (q) conditional use monitoring program (r) Uestination Resort refinement (s) live-aboard vessel i.Hues (t) Marathon improvement plan (u) Mixed Use District review (v) Water ~uality Program (w) Travel J. LEGAL SEHVICES <! . UVEH.TIl\1E COMPENSATION ;) . SPECIAL STUDY BY PRUPEltTY APPltAISER ti . Hl:.AH. I NG OFF I CEltS 7 . SPECIAL COUNSEL/LEGAL' UEFE~SE $182,OOU $ 47,5UO $229,50U $412,500 ~OIClC'O j{-- $ 1-4W--rlt-U U $ ~5,OOO $ 25,OUO $ 30,OUU $ 3U,OUU $ 11,OUU $ 7,500 $ 7,5UO $ 7,000 $ 5,OUO $ 36,UOO $ 10,000 $ 15,OUU $ 4,5UO $ 2,50U $ 4,5UO $ 10,OOU $ 5,000 $ 7,5UU $ 5,OUO $ 5,OUO $ 62,OUO $ 2,5UU $100,UOO $ 6~,OOO ~,ooO IF $ ~8,Q{Ht- $ 25,OOU $UW,OOU $1,050,OUO