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Miscellaneous Pj-fth r^--- BOARD OF COUNTY COMMISSIONERS MAYOR, Keith Douglass, District 4 ( M 0 N R 0 E Mayor Pro Tem, Jack London, District 2 Wllhelmina Harvey, District 1 KEY WEST FLORIDA 33040 c 'Y. =��; Shirley Freeman, District 3 • /'� :A Mary Kay Reich, District 5 Growth Management Division • it e� qty 1; . 2798 Overseas Highway Suite 400 Marathon, FL 33050 -2227 = April 1, 1997 Charles Pattison, Director Division of Resource Planning & Management Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 Re: Dock Agreement Dear Charles: Attached are three (3) duplicate originals of the Intergovernmental Agreement between Monroe County and the Department to set interim standards for marine /terrestrial access in Monroe County. Please have them signed and notarized and return two (2) copies to me for Monroe County's records. Thanks again for your personal involvement in this matter. Without your assistance, this agreement would never have taken place. Sincerely, Robert L. Herman, Director Growth Management Division • RLH:ir Attachments (3) cc: Ken Metcalf, Community Program Administrator Mike McDaniel, ACSC Administrator Ty Symroski, Florida Keys Field Office 4 • . - APR 1 8 1997 i.. STATE OF FLORIDA ,7 > 11- DEPARTMENT OF COMMUNITY AFFAIRS ws LAWTONCHILES "Helping Floridians create safe, vibrant, sustainable communities" Governor JAMES F. MURLEY Secretary April 15, 1997 By It The Honorable Keith Douglas, Mayor Monroe County 490 63rd Street, Ocean Suite 150 Marathon, FL 33050 RE: Intergovernmental Agreement Dear Mayor Douglas: Enclosed please find three signed originals of the Intergovernmental Agreement between the Department and Monroe County to implement interim standards for marine /terrestrial access in the county. The Department very much appreciates the opportunity to resolve the "dock issue" on this interim basis, and looks forward to receiving the formal changes as soon as possible. Please note the following important considerations with respect to implementation of this intergovernmental agreement. The WHEREAS clause F on page 2, provides that the interim standards are to be applied with "the intent to develop final standards upon appropriate review." Pursuant to our agreement, the County is to expedite efforts to develop and approve land development regulations to implement the marine /terrestrial standards included in the attached intergovernmental agreement. With respect to the provisions set forth on page 4 under section 9.5- 286(5), MCC, regarding mangrove fringe removal, the provisions states "removal shall mean the trimming of branches or trunks with a diameter of 1 inch at the point of cut." The Department shall interpret that language to mean that any mangrove the trunk or branch of which is 1 inch Qr FLORIDA KEYS greater shall not be removed within the meaning of this policy. Area of Critical State Conan rtar Highwa Field ite 1 2 27% Overseas 2 Page 5 includes interim standards pursuant to 9.5- 286(0 addressing "special Marathon, Florida 33050-2227 approval." Given the comprehensive nature of the interim standard to which both parties GREEN SWAMP have agreed, the Department does not anticipate many special approvals by the County as Area of Critical State Cancer" Field Office described in this section. 155 East Summerlin Bartow, Florida 33830-4641 SOUTH FLORIDA RECOVERY OFFICE 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 - 2100 P.O. Box thStreet 2 8600 N.W. 36th Street Phone: 904.488.8466/Suncom 278.8466 FAX: 904.921.0781/Suncom 291.0781 Miami, Florida 331594022 Internet address: http: // www.state.fl.us /comaff /dca.html . The Honorable Keith Douglas April 15, 1997 Page Two With respect to the provisions under section 9.5- 345(m)(6) on page 9, the permit standards to be adopted by the County in its land development code should clarify the meaning of the requirement in this section that development other than for single family residents "shall make adequate provision for water quality monitoring program." Under the heading described as "additional provisions " on page 10 the Department strongly agrees and will ardently implement the second paragraph stating that these interim standards are to be "strictly construed." Any regulatory action taken upon and interpretation of these interim standards that goes beyond the plain language or intent of the interim standards without the required consultation between the Department and the County shall be considered to be a breech of this intergovernmental agreement. The Department looks forward to working closely with the County to resolve the issues related to marine /terrestrial access in the county in a cooperative and effective manner. Should you have any questions or concerns regarding the provisions of the intergovernmental agreement or the contents of this letter please do not hesitate to call me at (904)488 -2356 or Ken Metcalf at (904) 487 -4545. Sincerely, Charles G. Pattison, Director Division of Resource Planning & Management CP/lrm cc: Robert Herman . -' r _ ^ .,._ BOARD OF COUNTY COMMISSIONERS • - ---c .. .. , MAYOR, Shirley Freeman, District 3 CO UNTY 4� MONROE ��� , �ti, Mayor Pro Tem, Jack London, District 2 .,� Wilhelmina Harvey, District 1 KEY WEST FLORIDA 33040 Iii,,! 7 ',\ N4 „ Mary Kay Reich, District 5 it! r Keith Douglass, District 4 Growth Management Division ,,, 2798 Overseas Highway , �,, Suite 400 g 1 ik \' -' Marathon, FL 33050 -222 April 23, 1997 Charles Pattison, Director Division of Resource Planning & Management Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 Re: Dock Agreement Dear Mr. Pattison: Enclosed is a fully executed original of the Intergovernmental Agreement between the Department of Community Affairs and Monroe County concerning interim standards for marine /terrestrial access. I am forwarding this to you for the Department's files. I am also sending an original to the Clerk's office for Monroe County's files. Thank you for your assistance in having this agreement signed and transmitted. Sincerely, 'q na,----, Isabel Reid, Senior Staff Assistant Growth Management Division /ir Attachment cc: Keith L. Douglass, Mayor of Monroe County James T. Roberts, County Administrator (w /o document) James T. Hendrick, County Attorney Robe L. Herman, Director of Growth Management M. oss Alliston, Director of Environmental Resources elle DeSantis, Deputy Clerk (ORIGINAL ATTACHED) elt