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Item G1l�� 11 11 1 i� '1 1 IIIIIL I I I TOTAL COST: • to $20 000 BUDGETED: Yes . X No • # # COST TO COUNTY: up to $20,000 SOURCE OF FUNDS: 148-50500-530340 REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year APPROVED BY: County Atty X (ALIPurcLing X Risk Manageme t DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Contract with: Reg. Plan. Council Contract Purpose/Description: A OrRval of Amendment No.2 to Contract # Effective Date: 1/16/2014 Expiration Date: 2/28/2015 17, 201 Inter -Local work to do includin but not limited to GIS analyses. revisions to the Needs Analysis and Marina Siting Plan, and attendance at BOCC meetings, Costs for the additi work are not to exceed $20.000. ' Contract Manager: - Richard Jones (Name) I 2805 Growth MeMement/I I (Department/Stop #N,, �I Risk Management Lfr� Form Revised 2MA) I MrP�_i_e) # I It I 1 4 0 1 WITNESSETH: WHEREAS, the parties entered into an Inter-Local Agreement (ILA) on August 17, 2011, to revise the Monroe County Marina Siting Plan, perform a Needs Analysis, develop Marina Siting Criteria, write a comprehensive plan amendment adopting the Marina Siting Criteria info the Monroe County Comprehensive Plan, and attend BOCC hearings; and WHEREAS, the ILA expired on January 31, 2013; and WHEREAS, Amendment No.1 to the ILA was approved on February 20, 2013, extending the deadline of deliverables to March 31, 2014 ; and WHEREAS, SFRPC presented the completed Marina Siting Plan, Needs Analysis, Marina Siting Criteria and draft comprehensive plan amendment to the County at the November 20, 2013 BOCC meeting, at which the BOCC gave direction to perform additional analysis and develop alternative comprehensive plan language, and make any necessary revisions to the associated Marina Siting Plan, Needs Analysis, Marina Siting Criteria and comprehensive plan amendments; and WHEREAS, it is necessary to amend the ILA to extend the timeline for SFRPC attendance at BOCC meetings, and allow SFRPC to perform additional analyses, and associated revisions to the Marina Siting Plan, Needs Analysis and Marina Siting Criteria, and comprehensive plan amendments as necessary, and be compensated for its services; and WHEREAS, it is anticipated that all work, including possible revisions due to Department of Economic Opportunity review, will be completed by the end of February 2015; a) Revise Section A: Scope of Services, by adding paragraph 8. Additional work b) Revise Section B: Deliverables, by adding paragraph 5. Additional work c) Revise Section C: Draw Schedule, by adding "Compensation for additional work" d) Revise Section D: Timelines for Marina Siting Plan and Comprehensive Plan Revision, to reflect the extension of deliverable dates and timelines. Attachment I Scope of Services is appended hereto as amended and incorporated herein, 4. The remaining provisions of the ILA dated August 17, 2011, not inconsistent herewith, remain in full force and effect. SF ILA Amendment 12-18-2013 written. W WITNESS WHEREOF, the parties have set their hands and seal on the day and year first abol (SEAL) ATTEST: AMY BEAVILIN, CLERK Deputy Clerk WITNESSES: I° Print Name: 2. Print N Mayor Sylvia Murphy fim On this day of 201 before me the person whose name is subscribed above, and who pr0o as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. Notary Public Print Name My commission expires: M- COUNTY ATTOR111Y To A =P OVE F M I X=- Aj a 3 M z I 1 .0] 4 6 , M1 Z14 1 pk�� SF ILA Amendment 12-18-2013 2 Attachment I (amended 1-16-2014) Scope of Services for Revisions to the Monroe CounIN Marina Siting Plait. Perform Prepare Marina Siting Criteria for Adoption into Comprehensive Plan The following sections describe the Scope of Services, Deliverables, and Timelines for the revision and processing of the Monroe County Marina Siting Plan and associated Monroe County Comprehensive Plan (Comp Plan) Goals, Objectives and Policies. Section A: Scope of Services 12=11to 0 =74 2. Prep are marina sitinia criteria: b) Submit recommendations to Monroe County Growth Management for review and comment (up to two reviews). c) Submit proposed marina siting criteria, with appropriate revisions based upon Monroe County Growth Management comments, to the State Land Planning Agency for a courtesy review, d) Submit revised recommendations, based upon State Land Planning Agency comments, to Monroe County Growth Management for review and comment (up to two reviews). N M --- South Florida Regional Planning Council staff will attend four public meetings to present the Marina Siting Plan and proposed Comprehensive Plan amendments to the public, receive input, and assist with the approval process in accordance with established County procedures, including: The Needs Analysis and Marina Siting Plan shall be submitted as data and analysis for the proposed Comprehensive Plan amendment(s) to adopt marina siting criteria. Perform additional work as directed by the BOCC and staff, which may include but is not limited to: • Attend BOCC meeting to present deliverables and discuss Comprehensive Plan Amendments* • Perform GIS analyses • Revise Marina Siting Plan- including language regarding site suitability and rationale for marina siting limitations due to potential resource impacts of new marina development • Revise Needs Analysis • Revise Marina Siting Criteria • Develop alternative policy language and/or conditions and revise comprehensive plan amendments (i.e. additional revisions that were not contemplated in the scope of work of the original ILA) • Attend additional BOCC meetings as necessary* Additional work will be based on an hourly rate of $110 per hour (not including attendance at meetings). Attendance at meetings will be based on a flat rate of $ 1,000 per meeting. Costs for additional work, including attendance at meetings is not to exceed $20,000. Attendance at the BOCC meetings described in & (above) may be substituted for either or both cif the BOCC meetings described in 7 (above). 4 3. Revised Marina Siting Plan (including SuitablitLMapsj. 4. Comprehensive Plan revisions: m 1A.T.5mm. VMS Eli FIfffro M111 Iii 1 11111 967�M a) Two copies and I CD copy • revised Marina Siting Plan b) Two copies and I CD copy of revised Needs Analysis c) Two copies and I CD copy of revised Marina Siting Criteria Two coj?�tes and I CD my of revised C2m jLrehensive Plan am The compensation associated with this Scope of Services is $50,000.00 and shall be distributed as follows: Total $50,000.00 Compensation for additional work, not to exceed $20,000 shall be distributed as follows: Attendance at BOCC meeting to present initial deliverables $1,000.00 Upon delivery and acceptance of revised Needs Analysis, Marina Siting Plar $110 per hour and Comprehensive Plan amendments Attendance at additional BOCC meetings $ 1,000 each M Timelines for Marina Siting Plan ar)d Comprehensive Plan Revirions, EMAMMOAM State Iand Planning Agency December 7, 2007, Objections, Recommendations, and Comments Report MEMBER STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better place to call home" CHARLIE GRIST THOMAS G. PELHAM Govemor Secre-z-. Mayor, Monroe County 530 Whitehead Street Key West, Florida 33040 WErAGEREM The Department has completed its review of the Monroe County proposed Comprehensive Plan Amendment (DCA No. 07-2), which was received on October • 2007. Copies of the proposed amendment have been distributed to aMroyriate state—reayVna�_?-2tR 1 agencies for their review and their comments are enclosed. The Department has reviewed the comprehensive plan amendment for clonsistejncywit I Rule 9J-5, Florida Administrative Code and Chapter 163, Part 11, Florida Statutes and has W.ared the attached Obiections Recommendat�� I) im,114��e - im4a; finR ings concerning the comprehensive plan amendment. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399.2100 Phone. 860-488-8466/SUNCOM 278-8466 Fax: 850-921-0781/SUNCOM 291-0781 Website: WWw.d COMMUNITY PLANNING AREAS OF CRITICAL SPATE CONCERN FIELD OFF)CE HOUSING AND COUMNITY DeVELOPMENT Ptwyw: 850488, 276-2355 Phonc 306-2W2402 Phww: &%-6M79%WNC0M 278.79 I= $50480-330*SUNCOM 278-3W9 Fax 306.2 2412 Fay: OW-922-5623SUNCOM M-SM December 7, 2007 Page I Review Agency Comments , DEPARTMENT OF COMMUNITY AFFAIRS *'BJECTIONS, RECOMMENDATIONS AND COMMENTS FOR THE MONROE COUNTY COMPREHENSIVE PLAN AMENDMENT 07-2 December 7, 2007 This report is prepared pursuant to Rule 97- 11.010, F-A.C. The following objections, recommendations and comments are based upon the Department's review of Monroe County's proposed amendment to their comprehensive plan (DCA number 07-2) pursuant to Chapter 163.3184, Florida Statutes (F.S.). Objections relate to specc requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part An objection will include a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some objections may have initially been raised by one of the other external review agencies. If there is a difference berween the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. whe"-.c_�fmcr& is resubmitted for our compliance review. Objections, which are not addressed, may result in determination that the amendment is not in compliance. The Department may have raised an ?pplicable to its amendment. If that is the case, a statement justifying its non-applicability ryursuant to Rule 9002(2), F.A.C., must be submitted. The Department will make a fetermination of the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. WMIT 11111 Tr � �ill�� Q.'r AIM 41 i'vUJUA j! - ,W 4 1.F J %T212 PIn proposed amendment. Mnffmug" «< 2 © != am" Recommendation: Revise ■je © « 1! » f4 either "maintaiW' the character of the community or to "guide its evolution" to address » ® » —«2 inconsistency. The objective must include a specific, measurable, intermediate end that is achievable and makes progress toward the community character that the County envisions in its comprehensive plan. If #jec © > 1!. »»d its associated policies are revised to "maintain" the character of the community, © the objective and policies need to identify the communities to bje ma intained . Another objective and associated policies can be establed to ish guide the X L I I LCI, L L a water related 141PIMr M73101 OR U1XK*IW#i=o* ME MMIM Tni Mo- VIM M III KI JAPRS 1 *03 tOW IJUJP-I 1101" 111!J 14 Lill IIIJ! F. - I 1 6 . - a R yJ I %Rj Ur1011 VM = nwal msepi It ELIM - E.3 'a =011K12 ELL Obiection 4: Policy 101.4.7 — The County has proposed to amend Policy 101.4.7 to include lanR use category. The proposed amendment does provide criteria of where or how the MI (zoning) District can R and it relies upon a document that exists outside of the Comprehensive Plan (i.e., Land Development Regulation Zoning Maps). LI F- To [4 1 Vi-*2 kid 01 fIvAtm Lid.2 Ito is I - submitted to address potential water supply issues for the proposed increase in density and intensity. Ila �Icqoav sill 11111-- 1 NO 101 1.1 9 nam Mot ME if , 51 s-1-lue Tnere ine anocations. almoulManieto oMuseoat can be transferred. [Section 163.3177(l), F.S.; Section 163.3177(5)(b), F.S.; Section 163.3177(6)(a) and Section 163.3177(8), F.S.; Section 163.3177(9)(0, F.S.; Section 163. ) 177 (1 0)(a), (e) and (h); Rule 9J-5.003(90), F.A.C.; Rule 9J-5.005(2) through (6), F.A.C.; Rule 9J-5.006(l), F.A.C.; Rule 9J-5.006(2)(a) through (e), F.A.C.; Rule 9J-5.006(3)(c), F.A.C.] 1' 4.. MMining locationJ unsuitable for dockage and where new residential uses are appropriate. 11. Conservation and Coastal Manaizement Element m The County can adopt the 'Marina Siting Plan' by reference by identifying the title, date and author of the document and indicate clearly what provisions and edition of the document is being adopted- 4W, 1 W~iWV itamm, IRWIN= W OM — F marks progress toward a goal. In addition, the objective does not define what is considered "maximum physical advantage" and "no unreasonable or excessive impacts ... on marine resources." The objective lacks the specific, measurable, intermediate end that is achievable and marks accommodating and servicing deep-draft vessels as well as ocean-going vessels, including ferries, other p8tenger vessels, cruisers and fishing vessels. 3, 5, 6 and 9, F.A.C.; Rule 9J-5.012(4), 049sTi 7M 74 Tol 0 revise the ob'ective I Lq1U.MIIIkIIP9I_'__ I a t Mq A-11-1-84—ImM toward the preservation and enhancement of existing commercial harbors capable of accommodating and servg deep-draft vessels as well as ocean-going vessels, iuludi fesim ja Ai i ' 9 i&aWM"&WFW "" 0 County's website includes a section describing the update of a marine facilities database by surve-us conductf!d Urban and Environmental Solutions at FAU, The marine facilities database update may satisfy the tasks of this Policy but data and analysis u;as not submitted to indicate the surveys were completed. I Failure to complete the survey and instead to delete the requirement is inconsistent with the Principles for Guiding Development because this information is an essential part of a marina siting, Vlam which should both i1 tM4 protection of marine resources. Policy 212.4.2. Also include data and analysis evaluating whether existing marinas wil ee j mt future demand a nd, if n o t, include guidelines and standards in the policy t o guide land use decisions toward meeting future demand, Failure to include criteria specified in Policy 212.4.3 and instead to delete the requirement is inconsistent part of a marina siting plan, which should both identify the need and how that need can be met consistent with the protection of marine resources. [Section 163.3177(1), F.S.; Section 163.3177(5)(b), F.S.; Section 163.3177(8), F.S.; Section Section 163.3178(2)(1 ), (c), (d), (e), (0, (g), (i) and 6), F.S.; Section 163.3178(6), F.S.; Rule 9J-5.003(90), Rule 9J-5.005(2)(a), F.A.C.; Rule 9J-5.005(6), Rule 9J-5.012(2) Rule 9J-5.012(3)(b) 6 and 9, F.A.C.; Rule 9J-5.012( F.A.C.] I W, The County can adopt the 'Marina Siting Plan' by reference by identifying the title, date and author of the document and indicate clearly what provisions and edition of the document is being adopted. IIWUfl Rol 1H ■ f a I ing Ian is adopted into the Comprehensive Plan. The County can adopt the 'Marina Siting Plan' by reference by identil)y-ina the title, date and author of the document and indicate clearly what proons and edon of the document is being adopted. [Section 163.3177(l), F.S.; Section 163.3177(5)(b), F.S.; Section 163.3177(8), F.S.; Section 163.3177(9)(f), F.S.; Section 163.3178(2)(b), (c), (d), (e), (0, (g), (i) and 0), F.S.; Section 163.3178(6), F.S.; Rule 91-5.003(90), Rule 9J-5.005(2)(a), Rule 9J-5.005(6), F.A.C.] approved and adopted into the Comprehensive Plan or provide data and analysis supporting the deletion of this policy. [Section 163.3177(l), F.S.; Section 163.3177(5)(b), F.S.; Section 163.3177(9)(f), F.S.; Section 9j- 5,003(52), F.A.C.; Rule 9J-5.005(6), F.A.C.; Rule 9J-5.012(3)(b) 1 2, 5, 6 and 9, F.A.C.; Rule 9J-5.012(4), Recommendation: Revise Goal 219 to establish what is the long-term end toward which 11--i" I E*j I 11 ILOJ a r.- oi f. 1 III all 14311 O"u-1011KOld recreational activities and as well as evolving local and regional land use needs." [Section 163.3177(l), F.S.; Section 163.3177(5)(b), F.S.; Section 163.3177(8), F.S.; Section Section + Rule a #1 Rule 9J-5.005(2)(a), F.A.C.; Rule 9J-5.005(6), F.A.C.; Rule 9J-5.012(2) F.A.C.; Rule 9J-5,012(3)(b) and ■ F.A.C.; Rule 9J-5.012( OWection 13. Policy 219-1.2 - The County has proposed adding Policy 219.1.2 that identifies strategies to protect and enhance recreational and commercial working waterfronts. The Policy further directs the County to "include all land as defined in Chapter 3 80, Florida Statutes, including land Industries (zoning) District. Recommendation: Revise the policy to explain how densities and intensities within the not inconsistent with any Comprehensive Plan provisions. and 9, F.A.Cj Recommendation: The County should establish a date/deadline for developing its working waterfronts until new guidelines and standards are adopted based upon the inventories and analyses specified in the policy. Obiection 15: Policy 219.4.1 — The County proposes adding Policy 219.4.1 to develop strategi to ensure continued Commercial, Recreational and Public Access through the identification an implementation of regulatory incentives, but the policy lacks meaningful and predictable stanards because it does not provide o o o o the incentives r the criteria t be use t ensure cntinued Commercial, Recreational and Public Access. i d I IMIAM 5 � ' M N (Section 163.3177(1), F.S.; Section 163.3177(5)(b), F.S.; Section 163.3177(8), F.S.; Section a Section 163.3178(2)(b), (c), (d), (e), (f), (g), (i) and 0), F.S.; Section 163.3178(6), F.S.; Rule 9J-5.003(82), F.A.C.; Rule 9J-5.005(2)(a), F.A.C.; Rule 9J-5.005(2)( F.A.C; Rule 9J-5.005(6), F.A.C.; Rule 9J-5.012(2), F.A.C.; Rule 9J-5-012(3)(b) 1, 2, 3, 5, 6 a 9, F.A.C.; Rule 9J-5.012(4), F.A.C.1 I Recommendation: Include a policy with meaningful and predictable standards that defines how the County will achieve no net losses of working waterfronts within each 47 geographic area [e.g. within the same ROGO sub-area, between ROGO sub-areas, with or adjacent to Tier I (Natural Areas) or Special Protection Areas]. I 11MM"If UNICIRIV1111MORMIM M OW&M =1 -04"411.111 M , =�_ 1 , 011 MIM • , , av W'' M 5.012(3)(c) I and Recommendation: Revise to provide guidelines for what is "an adequate stock of ercial. Recreational ani JQjcl� lot Uril it 10git"Ir. if Wilri 1 0 V V WK-241MOM41 If U0111UND I I IMMIRIE61"AMIM 1 FEG-71r. W 91 14 Miensiti g� and public access uses. Furthermore, Objective 219.10 does not define "traditional maritime activities" or provide guidelines for permitting "traditional maritime activities ... within all appropriate land use ' - i us. I - — a C w W - S N M z� ff -. i �Uxnf predictable standards have not been provided to deterinine circumstances when "traditional maritime activities" would not be allowed. IN MOM WIN VU and edition of the document is being adopted. (Section 163.3177(l), F.S.; Section 163.3177(5)(b), F.S.; Section 163.3177(6)(g)2, F.S.; Sectio 163.3178(2)(a), (b), (c), (e), (f), (g), (i and 0), F.S.; Section 163.3178(6), F.S.; Rule 9J-5.005( F.A.C.; Rule 9J-5.012(4), F.A.C.] FIM Recommendation: Revise the Marina Siting Plan to address the inconsistencies with the Comprehensive Plan. I I 10:011111PI: I 1 I * I The proposed amendments are not consistent with the following Principles for Guidin�, Development, Section 380.0552(7), Florida Statute: C '#r "ti A p; I I1I9N*T7AW-Z" 4 '.d4hx- continuation of the area of critical state concern designation. U M MUM - 1 M formations, seagrass beds, wetlands, fish and wildlife, and their habitat. ll iiijiiijji�i I I NN ,-idges and beaches, wildlife, and their habitat. t impacts ot deveiopment on the quality of water througho the Florida Keys. i 17 Principle (0 To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique histori character of the Florida Keys. Principle (a) To protect the historical hefitaec of the Florida Keys. [It 1404 W4 WC41 eLI E;m i1pi gli objections stated abo e. lm��Uftl The proposed amendments are not consistent with the State Comprehensive Plan, Chapter 187, Florida Statute, including the following goals and policies: IC 1 1 ! 1 QA% M 0 2 glwzoww&� �jrtp �* with regional and state agencies, to prepare advance plans for the safe evacuation of coastal residents; and require local governments, in cooperation with regional and state agencies, to adopt plans and policies to protect public and private pro!' r rty and human lives from the effects of natural disasters. This requirement relates to bjection •. Goal (7) Water Resources, Policies (b) 5 and 13: Ensure that new development is compatible with existing local and regional water supplies and identify and develop alterriative methods of wastewater treatment degradation of water resources. This requirement relates to Objection 4. Goal (8) Coastal and Marine Resources, Policies (b) 4, 6, and 10: Protect coastal resources, marine resources, and dune systems from the adverse effects of development; encourage land and water uses which are compatible with the protection of sensitive fwi s uses. This requirement relates to Objections I through 21. V �A lylyk;Y& rMT 1 aull ressing ine ouiections statec above. 9 OIRTI, ,NC,'F.ND.\ ITE,%-I F-16d am SUBJECT. MONROE COUNTY PROPOSED COMPREHENSWE PLAN AMENDMENT hntroductign ;n September 25, 2007 Council staff received proposed amendment vackAge #R. I MWIII"- NONE W4011111-1 W=- Additional information regarding the County or the region may be found on the Council's websi T Summa of Stiff Analysis Recommendation I - ents to the Future Land Use and Conservation and Coastal Management Elements of the Nlonroe County Year 2010 Comprehensive Plan be revised to eliminate vague language, to be consistent with "Monroe County Working Waterfronts Preservation Master Plan" and the "NIonroe County Marina Siting Plan" and additional supporting data and anal i be provided to support the amendments. ys Stiff to ill c ontinue to work with the County staff throughout the amendment process. The %lonr(w County Board of County Commissioners approved the transmittal of the amendment for r- -. iew by the Florida Department of ComirnunLtv Affairs by unanimous vote at its September 19, 2007 Count% Commission meeting Recommendation Find proposed amendment package #07-2 to the Monroe County Year 2010 Comprehensive Plan to be ;enerally inconsistent with the Strategic Regional Policy Plan for South Florida, particularly with Goals 4, 11 and 20, and Policies 4.3, 11.10, and 20.2. Approve this staff report for transmittal to the Florida Department of Community Affairs. . - -- General Location Map Monriv County Prorused Amendment #07-2 FOEr, SF%V'%ID. Monwe Counly. SFUC Nmv: For NNI I , 1 4 0 - 10 0 Lyl I ILI" 1 - 1 Ta I I #A. 1 • - I t $I - 11 1 ! I �111110W 131 i'vir. D. Rav Eubanks Bureau of Local Planning NVIFUTM M-- to Imp 97= The County failed to provide the Department with adequate data and analysis on the potential resource impacts that creation of the new land use district will engender. development, exempts new marinas from the requirements of the Monroe County Marina Siting Plan (MSP), and refers to a policy in the MSP that it proposes to delete. "Alore Protemon, Less Process mviv, dep state. its lylr. D. Ray Eubanks Monr'oe County 07-2 November 14,2007 Page 2 of 7 �JITI Wa MAMM31 lei I ft 14two WAIA 194 1 wWrol, - , • 9MMUHREM rzM@ Ins 09WO I Mon-roe County 07-2 November 14,20 07 Page 3 of 7 "Tiop 3riTAM-ensity resiciennal aeveiopment witrun the ln-k district, Policy 10 1.4.7 avoids application of important environmental protection measures to waterfront development. Dr. Kruczynski's white paper, prepared under the auspices of the Florida Keys National Marine Sanctuary's Water Quality Protection Program, can be found at the Sanctuary's web site at hft://floridakeys.noaa.gov/research monitoring/wqpp white papenpd —,.Mr. D. Ray Eubanks Monroe County 07-2 November 14, 20■7 Page 4 of 7 Department staff also notes that the latest draft of the MSP (April 2007) makes several references to Policy 212.4.3, which would be deleted by the proposed amendment. The L If , i, , , -4 a&cw�l i , haav"a 001 A o 11,7 il 1. 1 4 12191RAWIM4 Ing MR ILVICOIX14 [fill III a Poligy 219.8.1 The County's proposal to encourage certain types of development along waterfront areas is vague, lacks adequate defirdtions or standards, and will lead to increased development - particularly in conjunction with the County's adoption of the AV district. Policy 219.8.1 states: Mr. D. Ray Eubanks Monroe County 07-2 November 14, 2007 Page 5 of 7 Marina Siting Plan Since the MSP is widelr ® & ®»« an -itsiwiu;x*.jFr-fFr ; amendments, Department staff has reviewed the April 2007 draft document and offers the following comments. Mr. D. Ray Eub Monroe County 0 17 'M November 14,20WO Page *• 7 Mr. D. Ray Eubanks Monroe County 07-2 November 14,2007 Page 7 of 7 The Department appreciates the opportunity to provide comments on the proposed 2mendment. Should you have questions or require additional information, please do not hesitate to contact Mr. Chris Stahl at (850) 245-2163 or Chris.Stahl@deQ,st.q WEEMISM 4f Sally B. Mann, Director Om f� r f. � x �: 1 # 1 1 }: . .:7 ! 1 : f A • l • 1 • :ice. r r: `'' T' -� 1 I'.. 1 r - Z 1 1 ! t 1' 1 . i1 ` 1 :` ► . 11 it 1 ! 1 1 � .I 1 . III f #.l . L' 1 ) l! 1 ... l a f. r 1 � 1 ,. A f � ..l •; f k .. Mr. Ray Eubanks Page 2 No ember 20, 200 Inventory) that meet some of the requirements of Policy 212,4.4, but it is not clear how they were used to establish the suitability categories. 'Me Marina Siting Suitabilit show c Ys, except between Crab Key at Mde Marker 25 and Key West at Mile Marker 7. The maps indicate preferred areas primarily in Islamorada, Marathon, Big Pine Key, and Key West. There are no exclusionary areas shown on the maps, and we assume that this is because any area not indicated as prefaTed or conditional is exclusionary. Concerns and Recommendations %-.,QQSemm: 77 he Mmina Siting Plah also relies on existing county ordinances and agency -egulatory program for setting some of its sideboards. but this a7moach does 1 ot anDear to Mr. Ray Eubanks Page 3 November 20, 207 niap/md Mom 071067 ENV 1-12-2 Bob Dennis, DCA, Tallahassee Mayte Santarrmia, DCA, Tallahass?,; Rich Jones, Monroe County Kalani Cairns, USFWS, Vero Beach SOUTH FLORIDA WATER MANAGEmENT DimicT 3301 Gun Club Rz-ad, Wes! Palm Beack Flatida 3- - (561) 686-MOO - FL WATS I-SX-432-2C- TDO'(;61) 697-2574 Nfailirg A- i" 0 W %Vftl Urn Bezz� FL a34 - %vwNsf-.v—.d gov November 21, 2007 07- ITAIZU 0=1 Subject: Proposed Amendment Commentz- Monroe County, DCA #07-2 a Oz Z z I* Ma 1 if you have arry questions or require addkional information, please call John Mulliken, Director, ),&,ter Supply Planning Division, at (561) 682-6649. MI M- November 20, 2007 Page 2 CM/kelpv Jerry Buckley, DCA (Keys Office) Carolyn Dekle, SFRPC Bob Dennis, DCA Kate Edgerton, SFWMD Andrew Trivette, Monroe County Re: Hstoric Preservation Review of the Monroe County (07-2) Comprehensive Plan Amendment determine if data regarding historic resources have been given sufficient consideration in the request to amend the Monroe County Comprehensive Plan. We reviewed one proposed text amendment reprding recreational, commercial and working waterfronts, to consider the potential effects of this action on historic resources. While our cursory review suggests that the proposed changes may have no adverse effects on historic resources, it is the countv's res ~ Frederick P. Gaske, Director 0 Director's Office 0 ArchaeoWcA RamrA V ' Ilistark Preservation 0 Historical Museum CHARLIE CRIST ftbict Six GOVERNOR 1000 NW I I I Avenm MiamL FL 331 Phont: 305470-5464 1 , �14 Mr. Ray Eubanks Division of Community Planning FkwAa-DAx 1P) I - . .. . I .1 2555 Summd, Oak Boulevard 7 Ta1Wm;ee,FloTid a 32399-2100 r Subject` Monroe County Year 2010 Comprchensive Plan (Amendment 07-2) The Mrida DMgMent of Tkanspodadon, District 6. has mviewed the prer- ii Amendment 07-02 for Monroe County. Based on our review, the Department has determined that them are no unpwts on SWe Roads. ThemfbM vm have no specific objections or recommendations at this time. Plea contact PhD Steirunifler, at 30,5470- 5M, if you have any questions cowAming our respme. 66049-4;wim Cc: Aileen Boucle, AJCP Phil Steinniflier = ■< <��2 \/� = a A I A Ak a 14 M.. VNIVIN SEMI! T7XV, �kl #11 I - .. a comprehensive plan amendment adopting the Marina ng Criteria into the Monroe County Comprehensive Plan; and VaMREAS, the ILA expired on January 31, 2013; and prTir _fftT _ 1 1 1111111111�311 I iiii!1I �Ip�1111111111111�111' !1111!111� � iiiiiijiiii I 11111111 1 1111 1� - ! : I - 1 1 1 4411 ,1 1 1 :kz go] I [I The term of the 11A is August 17, 201 through March 31, 2014. This provision is retroactive ti January 31, 2013. 2. Attachment I of the August 17, 201 Agreement is hereby amended to delete specific dates in Section B: Deliverables to reflect extension of deliverable dates and timelines in Section D: Timelines for Marina Siting Plan and Comprehensive Plan Revisions. Attachment I is appended hereto as amended and incorporated herein. in fall force and effect. I 1 a F 4,J.--.d STATEOF F106,46- COUNTY OF 1h9V-UtC-XJ M Nota6 NO IARY PLBLIC-STATE OFFWRM Q' 0 4- - babel More T, 0 !mLw 0 t' #DD969977 Print Name PLm: APR. 24,2014 My commission expires: seal BMMM THRIUATLWM "DIN W 1jukA • - I �, WITNESSETH: U=&MKQM USA WHEREAS, Section 186.505, Florida Statutes, provides that the SFRPC may enter in contracts to provide, at cost, such services related to its responsibes as may be requested local governments or organizations within the region and which the SFRPC finds feasible f-!edorm; and WHEREAS, the parties hereto have agreed upon a Scope of Services for work to bc! performed hereunder by the SFRPC and attached hereto and made a part hereof as Attachment 1; and NOW THEREFORE, in consideration of the promises, the mutual covenan conditions, provisions and undertakings herein contained, and for other good and valuab considerations, the parties do mutually covenant and agree with each other as follows: 1 1 Section 2. Reporting. In consideration of the services described above, SFRPC agrees to provide monthly reports of all of its activities documenting project progress and completion of timelines, as well as any general findings related to the services provided. Reports shall be in writing with supporting documentation and delivered to the Marine Resources Senior Administrator at the address listed in Section 9. Section 3. Payment The total funds available to pay the SFRPC for the services providei pursuant to this Agreement is an amount not to exceed $50,000. Payment to the SFRPC is contingent upon annual appropriation by the Board of County Commissioners. The COUNTY will process invoices from SFRPC pursuant to the Local Government Prompt Payment Act. The Draw Schedule is indicated in Attachment 1, Section C. Section 8. Insurance. The parties to this ILA stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable public liaty, vehicle liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims which are not limited by Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by this agreement. Section 9. Communication Between Parties. All communication between the parties shouli R' through the following individuals or their designees: SFRPC Rachel Kalin, Regional Planner 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 Mrs n 10. Governing Law, Interpretation, Costs, and Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Interlocal Agreements made and to be performed entirely in the State. Section 11. Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and SFRPC agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. Mediation. The COUNTY and SFRPC agree that, in the event of conflicting be submitted to mediation prior to the institution of any other administrative or legal proceeding, This Agreement is not subject to arbitration. Section 14. Attorney's Fees and Costs. The COUNTY and SFRPC agree that in the event any_r__%vsAnEv,tkm *�-qef_wf�-al Vrmry the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative. and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and extent of liability coverage, nor shall any ILA entered into by the COUNTY be required to contain any provision for waiver. Section 29. Attestations. SFRPC agrees to execute such documents as the COUNTY may require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 30. No Personal Liability. No covenant or agreement contained herein shall bc; deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement, Section 31. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall fiee IT by singing any such counterpart. - mom IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative. Deputy Clerk M wn �, �m COUN�OMATTO R CD - C�f W CL- r -: C'j C-D South F1 a Regional Planning Council B. JA STERH LT B -V�� F.1199 r 11 Attachment I Scope of Services for Nevisions to the Monroe County Marina Siting Plan, Perform Needs Analysis & Prepare Marina Siting Criteria for Adoption into Comprehensive Plan 9HILER The following sections describe the Scope of Services, Deliverables, and Timelines for the revision and processing of the Monroe County Marina Siting Plan and associated Monroe County Comprehensive Plan (Comp Plan) Goals, Objectives and Policies. EM b) Submit recommendations to Monroe County Growth Management for review and comment (up to two reviews). c) Submit proposed marina siting criteria, with appropriate revisions based upon Monroe County Growth Management comments, to the State Land Planning Agency for a courtesy review. I in IQUITOT =4' OrITMI NW W to W, Fa c) Revise the Introduction of the Marina Siting Plan to include a clear and concise purpose of the Marina Siting Plan. d) Include clear recommendations regarding the need and appropriateness of future, new marina development based on the siting criteria, existing number and distribution of marinas, the Needs Analysis, and environmental protection. e) Include a brief discussion of the goal of preservation of existing marinas and incentives for the redevelopment of existing marinas to encourage modernization, environmental protection and public access. c) If necessary, review & analyze State Land Planning Agency Objections, Recommendation & Comments (ORC) Report for the transmitted amendments and prepare a response. Submit recommended response to Monroe County Growth Management for review and comment (If necessary, up to two reviews). d) Prepare recommended final Comp Plan amendments for the BOCC adoption. Submit recommendations to Monroe County Growth Management for review and comment (up to two Ieviews). M 1 -1 s. - I IB South Florida Regional Planning Council staff will attend four public meetings to present thi Marina Siting Plan and proposed Comprehensive Plan amendments to the public, receive input and assist with the approval process in accordance with established County procedures, including: The Needs Analysis and Marina Siting Plan shall be submitted as data and analysis for the proposed Comprehensive Plan amendment(s) to adopt marina siting criteria. E Section 8: Defiverables 1pmgm a) Two copies and I CD copy of draft Needs Analysis methodology for staff review (up to 2 revisions) by September 30, 2011. b) Two copies and I CD copy • final Needs Analysis methodology for staff review (up to 2 revisions) by October 31, 2011. c) Two copies and I CD copy of Needs Analysis document by Februai-y 29, 2012. 7TRUM M-MM-110MM-M $it* - I - I . UIIIIIM M The compensation associated with this Scope of Services is $50,000.00 and shall be distributed as follows: I off 10 Of 11 fl ipAm, MTISF� Revisions and attendance at the final Board of County Commission Meeting for approval MC 11 � �° Section D- Timelines for Marina Siting Plan and Comprehensive Plan Revisions If 4• - Submit 2nd necessary, Marina - -- APtel. -d Submit 1st draft MS ft MP subm it 3rd Siting Plan { -- -� -- - (Prepare to make revisions to the MSP) COMmTW TI, draft MSP to DCA for draSP (MSP) Maau _ for staff for staff P'- g courtesy review review w - review Submit final € F MSP October I November I December I January 1 _ Comp Plan` s = p - "r F- L F -- (Prepare to make revisions to the - - Revisions -_ - Comp Plan) �t l August* September I October November December January I February March April Mav June July August methodology Perform Needs Analysis (including Needs Analysis Submit to staff for Submit draft` Analysis I.cail.rg 1- { review and rat Document review and comment Submit revised Submit proposed based upon Submit foal - Submit foal P - Marina recommend recommend criteria to version for version to $ 1 Siting Conduct research and ations for ations DCA for courtesy staff review DEP and'r'z- rq J Criteria compile siting criteria staff review based upon courtesy review for and ACOEfor �� and comment staff review and comment review and comment staff review and comment comment approval r _ - €� Kc If 4• - Submit 2nd necessary, Marina - -- APtel. -d Submit 1st draft MS ft MP subm it 3rd Siting Plan { -- -� -- - (Prepare to make revisions to the MSP) COMmTW TI, draft MSP to DCA for draSP (MSP) Maau _ for staff for staff P'- g courtesy review review w - review Submit final € F MSP October I November I December I January 1 _ Comp Plan` s = p - "r F- L F -- (Prepare to make revisions to the - - Revisions -_ - Comp Plan) �t l Conduct literature review Submit final (Hold for possible foal drafts to Comp Plan) Submit Final Comp Plan for PC approval Submit Final Comp Plan for BOCC transmittal to DCA & develop Needs If necessary, prepare response to ORC Submit Final Comp Plan for BOCC adoption Submit Needs Analysis methodology methodology Perform Needs Analysis (including Needs Analysis Submit draft to staff for aerials reviews for marina /slip Analysis I.cail.rg methodology to stafffor review and utilization) Document review and comment comment If 4• - Submit 2nd necessary, Marina - -- APtel. -d Submit 1st draft MS ft MP subm it 3rd Siting Plan { -- -� -- - (Prepare to make revisions to the MSP) COMmTW TI, draft MSP to DCA for draSP (MSP) Maau _ for staff for staff P'- g courtesy review review w - review Submit final € F MSP October I November I December I January 1 _ Comp Plan` s = p - "r F- L F -- (Prepare to make revisions to the - - Revisions -_ - Comp Plan) �t l Draft Comp Plan revisions Submit to raft Comp Plan to staff for review (Hold for possible foal drafts to Comp Plan) Submit Final Comp Plan for PC approval Submit Final Comp Plan for BOCC transmittal to DCA DCA review & ORC report If necessary, prepare response to ORC Submit Final Comp Plan for BOCC adoption a` c l ,, Att 1. V, I!c i 1 a I.cai 1!g I.cail.rg August* 2011: the ILA should be executed by the SFRPC and Monroe County BOCC.