Item R4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21,2002
Division:
County Administrator
Bulk Item: Yes
No -X-
Department: County Administrator
AGENDA ITEM WORDING:
Approval of an appointment to the Compliance Review Board.
ITEM BACKGROUND:
Monroe County entered into an Interlocal Agreement with the Municipalities of Islamorada, Key
Colony Beach, Layton, and Marathon, Florida, establishing a County-wide Compliance Review Board
to review local technical amendments to the Florida Building Code. The Compliance Review Board
consists of one member appointed from and by each local government that is a party to the Agreement.
PREVIOUS RELEVANT BOCC ACTION:
Interlocal Agreement approved on February 13,2002.
CONTRACT/AGREEMENT CHANGES:
NIA
ST AFF RECOMMENDATIONS:
Approval of an appointment.
TOT AL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty_
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing _ Risk Management _
~
- '~ '
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James L. Roberts
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #~
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Frederick-Debbie
From:
Sent:
To:
Subject:
Lundstrom-Tamara
Wednesday, August 14, 2002 11 :02 AM
Frederick-Debbie
Compliance Review Board Recommendation
Debbie,
Commissioner Jimenez's recommendation for the Compliance Review Board is Jorge Aladro of Tavernier. He
previously served as an alternate for the Citizen Code Committee in its first six months term. He is employed by
Houston Air of Tavernier.
His mailing address is: 171 Hood Avenue, Tavernier, FL 33070
Contact numbers: Hm: 852-6179, Wk: 852-2960, Fx: 852-0656
Thank you,
Tamara Lundstrom
Executive Assistant
ROCC4
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COMPLIANCE REVlEW'BOARD
'INTERLOCAL AGREEMENT
This Interlocal Agreement is entered between Monroe County, Florida, and the Municipalities of
lslamorada, Key Colony Beach, Layton, and Marathon, Florida, as of the date last signed bel~w,
establishing a countywide Compliance Review Board to review local technical amendments to the Flonda
Building Code.
WHEREAS, the Florida Building Code AC?t of 1998, as amended, created a building code to be
unifonnly in effect throughout the State of Florida, beginning March 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 interlocal
agreement, a countywide 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 pmposes
of determining the amendment's compliance with Section 555.73, Florida Statutes; ~d
WHEREAS, the parties to this agreement, constituting local governments within Monroe County,
Florida, desire to presexve 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 revieVIlocal technical amendments to the Florida Building Code, pursuant to
Section 553.73. Florida Statutes;
NOW THEREFORE, in consideration of the foregoing premises, the parties hereto agree to the
following:
Sedion 1. IncorporadoD by Reference.
The foregoing preambles arc incorporated in and made a part of this Interlocal Agreement
,
Section Z. 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, hereinafter referred to as the
Boanl i
B. The Board shall consist of one (1) member appointed from and by each local government
that is a party to this Interlocal Agreement. Bach participating local government shall determine the
method by which it will appoint or remove its member. Membership upon the Board shall be expanded to
include one (1) member from and by each local government which hereafter enters into this Interlocal
Agreement, subject to the provisions hereof. The local government that appoints a member of the Board
may remove or replace its appointed member with or without cause at any time.
C. Each member's term shall be for a period of three (3) years.
D. . Each partic!patin~ local ~ovemment shall appoint a member who is the Building Official
or other public employee, mcluding a pnvate party under contract to perfonn a public function for the
local gov~ent, and has knowledge and expertise in building construction, fire safety standards and
construction codes. ;
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E. The Board shall 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 ~ voting members of the Board.
F. Members of the Board shall serve without compensation. Travel reimbursement to
meetings, if out of area of residency, is the responsibility oC the appointing local government and shall be
pursuant to that government's rules.
Section 3.
Adoption of Rules and Procedures MiD~tes.
A. The Board shall be entitled to adopt such roles 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 filct'and shall keep records of its hearings and
other official actions, all of which shall be of public record.
Section 4.
Secretary of the Board and Administrative Costs.
A. The records of the Board shall be kept, and aU adroinistrative duties necessary to the proper
functioning of the Board shall be performed, by the Secretary of the Board who shall be appointed and
removed by an absolute majority vote oCthe Board.
B. The Secretary shall be an employee oC a participating local government. The local
government that employs the Secretary shall be reimbursed on a pro-rata basis by the participating local
governments for the actual costs for the services of the SecrCtaIy' and the administrative costs of the
Board.
C. Meetings shall be conducted in a location near the geographic center of Monroe County.
Section 5.
Quorum.
A majority of the members of the Board shall constitute a quorum. The atlinnative vote of a
majority of the members present shall be required Cor 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 aU board actions, decisions and recommendations
except when, with respect to any such member, there is 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 6.
Powen of Board.
The Board shall have the power to:
A. Adopt rules for the conduct of its hearingS, wbich rules shall require, at a minimum that:
(i)
Petitions for hearings shall include identification of the petitioner, a
statement of the local technical am~ment challenged, notice to the
county or city attorney of the filing of 14e petition, an explanation of
how the petitioner's substantial interests are or will be affected by
the amendment, and a statement of the relief sought.
2
Compliance Review Board
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(ii)
(ill)
(iv)
Hearings shall be recorded and may be transcribed at the expense of
the party requesting the transcript.
The hearing need not be iconducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if the Bod finds it competent and reliable. Heal'Say
evidence may 'be used for the purpose of supplementing or
explaiuing any cfirect evidence.
Each party - the petitioner and the building official (or designee) of
the government whose amendment is challenged - shall have these
rights: to call and examiner witnesses; to introduce exhibits; arid to
cross-examine wimesses on any matter relevant to the issues even
though that matter was not 'covered in direct examination.
Decision of the compliance review board sha11 be recorded in a
written document and a copy transmitted to the petitioner and to the
affected local gove:rmnent building official and City or Village
Manager and County Administtator.
B. Review any local tecbnical amendment lto the Florida Building Code, adopted by a local
government within Monroe County pursuant to Section SS3.73,Florida Statutes, that is challenged by any
substantisllyaffected party for the puzpose of detennining the amendment's compliance with Section
553.73(4), Florida Statutes. A substantially a1fected party must establish (1) a real and sufficiently
immediate injury in fact; and (2) that the alleged interest is arguably within the zone of interest to be
protected or regulated. The Board',s review shall be limited to the following:
,
(i) that local conditions justify more stringent requirements than those specified in the Florida
Building Code for the protection of1ife and property;
j
Cn) that the additional requirements are not discrim;nMOry against materials, products or
iDstruction techniques of demonstrated capabilities;
I
(ill) that the additional requirements may not in1roduce a new subject not addressed in the
Florida Building Code. i
(v)
C. Meet only when a petition for hearing is filed with the Secretary of the Board, who shall
prepare and mail to the petitioners and clerks of the participating local governments a notice of hearing
and shall set the hearing for a date within 30 days of receipt of the petition for hearing.
i ,
Section 7. Appeals.
:I
If the Board determines an amendment is not in compliance, the local government may appeal the
decision of the Board to the Florida Building Commission. If the Board determines such amendment to
be in compliance, any substautially affected party may appeal tsuch determination to the Florida BUilding
Commission. !
I
SectlOD 8. Withdrawal from PartielpaUoD OD Board.
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Compliance Review Board
Any party UDder this Inter-local Agreement may withdraw from this Agreement and membership
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on the Board upon providing thirty (30) days written n6tice to the Board.
SediOll 9. Additional Parties to Interlocal Agreement.
Any other local govemmmt within Monroe Co~, Florida, may become a party to this Interloca1
Agreement by executing a counterpart of this Intcdobal Agreement, and shall thereafter be entitled to
membership on the Board with the same rights, privileges, obli~ons and duties as if an original party to
this~~ooalA~~ '
Seetion 10. MisceUaaeollL ,
A. This Interlocal Agreement may be executed in counterparts. Each copy shall be deemed an
original, but all of them together shall constitute ODCiand the same instrument A facsimile copy oithe
Agreement and any signatures thereon shall be considered for ~ purposes as an original. -
B.
parties.
This Interlocal Agreement shall be binding upon' and inure to the benefit of the respective
C. This Intcrlooal Agreement shall be gOvemc::d by and in accordance with the laws of the
State of Florida. Venue for any litigation with respeCt to this agreement or action taken pursuant hereto
shall be in Monroe County, Florida. '
i
D. This Interlocal Agreement constitutes ~ entire agreement between the parties with respect
to the specific matters contained herein and supersedes all previous discussion, understandings, and
agreements. The parties to this Intcrlocal Agreement may only make amendments to the provisions of
~~ Jnterlooal Agreement by a written instrument ,'c:xecuted ,by a majority of the participating local
S WHEREOF, each party to this Agreement has caused it to be executed on the date
Approved as to form and legal sufficiency
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COMMISSIONERS
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Approved as to form and legal sufficiency
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Approved. as .to far'ln and legal sufficiency
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VILLAGE COUNCIL OF ISLAMORADA,
VILLAGE OF ISLANDS, FLORIDA
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By
CITY COUNcn. o~. FLORIDA
BY~ J.fl- ~
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Date
I
5
08/15/2002 04:45
Hanson-Donna
3058527162
From:
Sent:
To:
Subject:
Jim.
- .-.'--"--"-'
Hanson-Donna
Wednesday, August 07.20022:32 PM
Roberts-Jim
Appointment for Compliance Review Board
COMM NELSON
PAGE 02
- ~'-'..- .-.. .---
As per your August 2. 2002 memo, I nominate Joe PaSkaJik to the Compliance Review 80ard
Please give me a call if you have any questions.
ViCky for Murray
(4305) 852-7175
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