Item J02BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16, 2002 Division: Growth Management
Bulk Item: Yes X No
Department: Building
AGENDA ITEM WORDING: Approval of a request by Gene Rhodus, Inc. for a refund of
$30,000.00 in permitting fees.
ITEM BACKGROUND: On April 6, 1989 Monroe County Building Department received $49,552.80
from Gene Rhodus, Inc. for building permit fees for a project known as Captain's Cove. The project
was started but not completed at the time of permit issuance. Since Islamorada has incorporated and is
now a municipality, the project has been resubmitted to the City of Islamorada. We are requesting a
refund in the amount of $30,000.00, since there was some work done in the permitting process.
Monroe County has no legal obligation to refund these permit fees but the staff feels this would be fair
and equitable. The $30,000.00 refund represents the negotiated amount acceptable to both Monroe
County and Gene Rhodus, Inc.
PREVIOUS REVELANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $30,000.00 BUDGETED: Yes X No
COST TO COUNTY: $30,000.00
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH N/A Year N/A
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DIVISION DIRECTOR APPROVAL:
Timothy J. � q.AICP.
DOCUMENTATION: Included To Follow _ _ Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/27/01
APPROVAL FOR REFUND IN THE AMOUNT OF
DAY OF
COUNTY ADMINISTRATOR
REQUISITION FOR REFUND FROM COUNTY TREASURY
STATE OF FLORIDA, COUNTY OF MONROE
PURSUANT TO SECTION 193.40, FLORIDA STATUES,
Gene Rhodus, Inc.
(PAYEE)
THIS
OF Post Office Box 256, Islamorada, FL 33036
(MAILING ADDRESS/P.O.BOX#)
HEREBY MAKES APPLICATION TO THE BOARD OF COUNTY COMMISSIONER FOR A REFUND
OF $ 30,000.00 OF MONEYS PAID TO THE COUNTY, AND AS GROUNDS THEREFORE
SET UP THE FOLLOWING FACTS: (STATE REASONS FOR REFUND)
On 4/6/89 The contracting firm of Gene Rhodus, Inc. paid $49,552.80 to
Monroe County for building permit fees for a project known as Captain's
Cove. The project was not built at the time of permit issuance. Since
Islamorada has incorporated and is now a municipality, the project will
need to be withdrawn from Monroe County and resubmitted to the City of
Islamorada. We are requesting a refund in the amount of $10,000.00 since
there was some work done for the permitting process.
BUILDING OFFICIAL
ATTACHED HERETO IS ADDITIONAL PROOF TO ESTABLISH SUCH CLAIM, AS FOLLOWS:
STATE OF FLORIDA
COUNTY OF MONROE
SWORN AND SUBSCRIBED BEFORE ME THIS 3 0, DAY OF July 20 0 2
BY Joe Paskalik, Building Official
MY COMMISSION EXPIRES:
BE PAID FROM ACCT:
SIGNATURE OF NOTARY`PUBLIC - STATE OF FLORIDA
NICOLE Y. PETRICK
Notary Public - State & Florida
My Commission EJun 26, 2M5
Commission • DD037854
�raH•
l ! E (- , ? L,C c: - L �-
Greenman & Manz
A Partnership of Professional Associations
Franklin D. Greenman, P.A. Attorneys At Law
David L. Manz, P.A.-
'Board Certified in Marital 8 Family Law
Fellow of the American Academy of
Matrimonial Lawyers
August 19, 2002
Joe Paskalik
Monroe County Building Dept.
2798 Overseas Highway
Marathon, FL 33050
RE: Gene Rhodus - Application for Refund of Building Permit Fees
Our File No: 01-165-fdg
Dear Joe:
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, FL 33050
(305) 743-2351
(305) 743-6523 Fax
By now I am sure you received a copy of the letter I received from Suzanne Hutton
(attached). Both Mrs. Hutton and I agree that while there may be no "legal basis" for a
refund, that is not what the Code requires. The Code gives the discretion to the Board
of County Commissioners to refund fees on equitable basis which are clearly present here.
As I explained to Mrs. Hutton, Mr. Rhodus was not the owner, but the contractor and
the delay was not of his making whatsoever. It is unfortunate, but equally inequitable,
that the County has been benefitted by the $50,000.00 that Mr. Rhodus paid on behalf of
the property owner for which no services were provided. I believe this is a compelling
argument for an equitable refund. After all, governments should be dedicated to be doing
right for the public interest. I believe that the public interest, and doing right require a
more equitable approach to Mr. Rhodus' situation.
Accordingly, this letter is to respectfully request that you place this matter before
the Board of County Commissioners at your and their convenience to discuss this matter.
Once again I wish to thank you for your courtesy and assistance throughout this matter.
FDG/zb
Enclosure
cc: Gene Rhodus
Respectfull
ranklin D. Greenman
H\Clients\Greenman\Active\Rhodus\LettersTaskalik 002. wpd
CC�4uy,oFnDA33040NROE
,.) 294d641
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 -Phone
305/292-3516 - Fax
Franklin D. Greenman, P.A.
Greenman & Manz
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, FL 33050
RE: Gene Rhodus Permit Fees
Dear Frank:
- - —
�� BOARD OF COUNTY COMMISSIONERS
MAYOR Charles 'Sonny" McCoy, District 3
Mayor Pro tem Dixie Spehar, District 1
Murray Nelson, District 5
•. , ' , - George Neugent, District 2
Bert Jimenez, District 4
August 12, 2002
I note that upon the termination of litigation, Mr. Rhodus was allowed to go
forward with his project and even called for one or two inspections in the early 1990s.
The fact that Mr. Rhodus did not complete construction in a timely manner, and allowed
the building permit(s) to expire, does not shift to Monroe County any responsibility for
returning ern -lit fees which were lawfully required at the time of application.
According',,.,--, I have advised the Building Department that there is no legal basis for a
refund of the permit fees.
Please call if you have any questions.
Sincerely,
Suzanne A. Hutton
Assistant County Attorney
SAH:dct
cc: Joe Paskalik
R ROE ¢OUNTYr UILDING f�ENTf
NGAPERMI qq =, a.
Dat' :� x repared br �a issi,ea 4 Permit ND 0006HO
u�a' Mx A
00
11.0
.. tf • " r ' F 4
0
PT. ANTx0t1A,GULFVlEW;MATS. EiUSE R►if
i l3tfA 4 SENT, � �`i � ` it RT f l 'mtl J�W[
L. :!� Y MAKSYME-t A aCtG A
,. ,
CNi1RAflA FL 39 6
1 jU i 9;2#H �
�P �' ' "� U����`-tip: ; ,;:1 � " 1 : i� •�, 1� T ��yy pp�� I� ctto K FE.. YT. i _ , C tf 4 Y {1
RT/t�.[+�}
�.iJ}Y.-�� •vl•pf .a�GJ'SSVY?it '! $.,CY"�i^.�'•V+.i.a.
App� a rc p�j
rt +n- t4U'Yi+�t!elV+'t ► 'i trr,Ilxt#:fn �i!��lti.! vtf{{ �j `t
q �] �i'�2Ra y��n Im
t.[fYAj_
i7v7V
a 3N 713. eff Oft 7tr7 t late
A+:
PLEASE READ THE REVERSE "IS DOCUMENT BEFORE YOU SIGN AS OWNER, CONTRACTOR OR AUTHORIZED AGENT
. '� ..•._ kt. '!I�'Ja r... '�,.�y. �,t ,�'S"+ :mod.,,' - .. ". :' - '� M S� :^�r s M�s-tix
SIGNATURE -OF OWNER, CONTRACTOR OR B ILDING DEPARTMENT
AtIT64OR17FD AGENT R .•c�
'�-PERMITTEE
OE COON UILDINCU MENT
Lb NO Ei �..r
�r Date tssued 4�4, 1-#�9 Permit No QQ�?�8EF0lm 0"',
re ;
e
44 *0:37-447r. 00041D 00
44
„A
.�..'f`c*a7��r 3,4�^v.r x _ {" ?• q'.:CTi19Rfff _ '. A x"
�y
i
F �
"Y
PT . Ai�I" r GUA . Lf V XEW Q .-3:. i�tA (, FTItS F� RW q
t
I' At�i'x CilJl/ 4bpM
/ -- A ••rnr MAKsYmtc : ps rATM
k
�,�- �
�t�.'.B��OX ' 2256
TC! daia Ll ., }r.
� IV1 ?°A
C �yt��/�r�
J itti�R►7DA i'� 31036 *,
`-`>!',Q Z4 T�i(liT 1�AhC E3 Y.'3, i TI
4 l 4rb
.�
..
. � a j uA )4f;
�t GO ._ R twl'J'�
4 +x1 CON# #.
� SIX ';�7 :=ETA VI c, t 1```�j
_
HTPtx =1';
/•QJ . '` 1i2 ?' t 7 ;`
�`r C�.� 2_ :i V- ja: c/�i y,j.�/�
�rT1'i L�Z�ii��
APP. ate' _ oulce
.rr
`o cord'e
�,.Jv r- +r:.^i •_' it+-1 'T 3CiM1 iYi,j Y•1`.1t- r/� f�>Y--.,
- _ ';J�.3tF �fi�{r"'"!;'_if l; ':.! y.; r �`�`.�'Fd'tr ;�f'!c.'l! t PI!`lifl�, ,ESV{{•+�j ri- \r' r�"i "t .-,.•.r
L
hrt-+f •_.. �c.
.ra<t-•(}Y.<. r - {:W414l Y•�
aiyyf MT /�
J
ctJ! 11-iF 1L4-i.11 ��`r- _ r,..." 4.1.i`+21i,..f 1.�:7 K�'y}"S� ram.' V r�
f �.t��
•.�
77
`o . Yif5.1.+ -. ..l i i �i�^y�x'f c`J.�
.,• .fill
Sched e4s
'.
Y F.
(LEASE READ THE PEVERSE OF THIS DOCUMENT BEFORE 4(0U SIGN AS OWNER. CONTRACTOR OR AUTHORIZED AGENT.
f n t y� . !'Ixiti x „
44
BY &el'
41GUATURE OF OWNE9ONTRA� TOR OR BUILDING DEPARTMENT
AIiTHORIZED AGENT i # rrrn� rrf'rec
raSIROE COUNT UILDING i yPART ENTmbl
sJILbING Pi�MI
as
Date " 116� :Q4/D Qi , :Permit Flo.' 0000680
Pe
�4 fi4
3-6 AO PO-- ?4?1470 ()0QC-k0:W`, 00
Pro
, PT , ANT1 GUA.dULFVxr-u
OR LIWLR4 qr
FTUS S - RWO .: .
.
P ANTIaf�f4�ELOPtitwNV q- -q o0ug i`I�f r.:�
0> R I MAIt3Yi��C '6 A3�OCI � P�#��flX' 256. �
TOONTO ry /�
tTt-T r .y I tiO RADA .,yt.,w�
4la l°'�2�9d �468� 4YJ 3%4 R��3Q �� m r _V I AV�i� * ��
-
yty �y� {'py .�pp you T :t'�'i ��t�CJi�1,Y*€� J��7PKR.�t�ri �S��QRTn�`i.-N'�--
T'>�
Construction A> �s F. 5 E _ Dt� ' ' ice' , •f'r -rIVA
��
Npl('
APP µ.-, aterSo3fce .o.
Sch ,
PLEASE READ THE REVERSE OF THIS DOCUMENT BEFORE YOU SIGN AS OWNER, CONTRACTOR OR AUTHORIZED AG
SIGN UR OWNER' CONTRAr= R OR fi �f I- �Y BUILDING DEPARTMENT �
ALIT ORIZED AGENT 1% "PE MITTEE
'`'II�ONROE COi BUILDING i �ARTMENT
BUILDING PE
DAWA piled 04/0 Prepared by K0ii Date Issued 04�' 4/B9 Permit No-.-,H930000690
P6f it`Tjrpe Pl #'�ItM.X ` `� tt�MEF2C AL
^(.1 fib 36 :`:Z�l?�'� r:�t?. 00., QC)
PrQREM mom
PT. ANT iQU UL:FVIEU OR-.LWR MAYFTUSE RUO
sugg
r Y W-,�
x WO
#�t`I�
I'..
CfU I t�AK $flQCxAi Ewa PC! 60X 5b F I l v`rt
rDkoNro " Y C °€ f48t� I 2 LAMOft AA s FL 33036
j a;�l�A
'1..•i�'.+L3i3 e' f
{ i U MOD `
rit r = yr Ac 'fin/yj�a�Tt�1�yi,..`�}_(Cf�9¢�tj�y� J?, 1�i��q�/��ii� t� 4 w�1
.K =v. - i�r�177�: f'S�{'tJC7ii1.i i�..:.f C .... : V�t7lTc�.. ,�TVCC.
Consr'uction
f Y 36v 743- 53co -icd
�?a :
Appr' y,�Na'terS =N
}:;rVj ,;j, t .i i i .i±:sV? i 4rZ' lAfr- Tlo,q `h1GN
W
�T'o-'t-t.lt i '{s:iy i
Sctie'. to Fees11111,
PLEASE READ THE REVERSE OF THIS DOCUMENT BEFORE YOU SIGN AS OWNER. CONTRACTOR OR AUTHORIZED AGENT,
`t
; f04 BY--&
SIGN E'OF OWNER, NTR - OR OR BUILDING DEPARTMENT
nttT naf��n er_cnfr '' PFRMITTFF
jar,-?3-00 04:41Pn Frcm-HALSEV 4 BURNS PA 30E3750020 7-E4E P 13/lS F-8o
AFFIDAVIT OF DQNALD W. HORTON
Before me the undersigned authority, personally appeared
Donald W. Horton, who, after being duly sworn, deposes and statest
1. My name is Donald W. Horton. I am over 18 years of age,
and I am competent to make this affidavit. The facte set forth
herein are known to me in my capacity as Building Official, Monroe
County.
2. As of the date of the statutory creation of Ielamorada,
village of Islands (the "Village") and the expiration of the
transition agreement between Monroe County (the "County') and the
village, the County's lard use authorizations for the Say Harbo_
(f/k/a Captain' s.Cove)development (the "Development") were valid,
unexpired, and in lull force and affect.
3. As of the date of the statutory creation of the Village
and the expiration of the transition agreement between the County
and the Village, construction of the Development was consistent
with the land use autho_izations for the Development and the
applicable provisions of the Monroe County Code.
4. As of the date of the statutory creation of the Village
and the expiration of the transition agreement betweep. the County
and the Village, all building plans approved by the County for the
Deve Lovment con%pliod with all applicabla bu.ildinc codes and the
Monroe County Code.
5. Attached at Tab A are copies of the Monroe County
building permits for the Development.
; an- 13-00 54:41Pm
Frcm-HALSEY L BURNS PA
30'1.750020
T-54!
P 14/16 ;-se,
9.
Attached at TaD
B is a Copy Of Shieet
1 of the
February
1995 building plans prepared by moose Muxo for the Development and
which Were reviewed by Monroe County in March, 1995. These plans
were approved by the Monroe County Planning Division and the County
Biologist, as shown by the stamps which appear en Sheet 1.
FURTHER AFFIANT SAYETH NOT.
DONF►LD �W. HORTON, �
Building Official
STATE OF FLORIDA)
COUNTY OF MONROE)
Sworn to and subscribed before me this / S day of
� ) , 2no.
(Sir_gn tore of Notary Public -
S�ate of Florida)
it/ Ate_._ u�
(Print, Type or Stamp
Commissioned Name of Notary Public)
My Commission Expires:
. Iw Ir M
... �, Man •�.iv°
c�+Ir�io+r�i:f��i5i�
- Expires W. 77.- C1
eoHoRo '61C
ma A71JW11CY.Y1C11�GQ,.IMC
Persona-:ly ?mown [ -f"� OR Produced Identification.
Type of Identification. Produced:
Greenman & Manz
A Partnership of Professional Associations
Franklin D. Greenman, P.A. Attorneys At Law
David L. Manz, P.A.•
*Board Certified in Marital S Family Law
Fellow of the American Academy of
Matrimonial Lawyers
June 18, 2002
Joe Paskalik
Monroe County Building Dept.
2798 Overseas Highway
Marathon, FL 33050
r
C. L;- 1(-7-C,—
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, FL 33050
(305) 743-2351
(305) 743-6523 Fax
RE: Gene Rhodus - Application for Refund of Building Permit Fees
Our File No: 01-165-fdg
Dear Joe:
This letter is to request a refund of building permit fees on behalf of Gene Rhodus.
Gene Rhodus, president of Gene Rhodus, Inc., was the general contractor of the
Port Antigua development, known as Captain's Cove.
Brief Background:
On May 28, 1982 a final major development order was issued by Monroe County
approving the construction of a 46 townhouse development in Lower Matecumbe Key
to be called Captain's Cove.
On July 30, 1986 Monroe County Zoning Board approved resolution #MD-33-86
extending the original development order and amending the original proposal. Thereafter
an appeal was filed by the Department of Community Affairs which was settled and
finally dismissed on February 25, 1987.
Thereafter, Gene Rhodus acting as general contractor for the then owner, Robert
Maksymec and Associates, Inc., applied for and received permit #89-3-680 with a permit
fee of $20,331.00 for the construction, a plumbing permit of the same permit number in
the amount of $11,016.00; an electric permit of the same permit number in the amount
Of $11,791.00; and an air conditioning permit of the same permit number in the amount
Page 2
June 18, 2002
of $6,414.00, for a total of permit fees paid to Monroe County on April of 1989 of
$49,552.00. I have attached copies of those permit receipts to this letter.
In 1990 the then Director of Planning, Don Craig, issued a memorandum that the
permits were issued in error and were void. That matter was appealed to the Board of
County Commissioners in May of 1990 which upheld the determination of void permits.
Thereafter legal action was filed and on March 1,1991 Judge Lester issued his order
giving the developer vested rights in the development from the development order of
1982. This matter was appealed and affirmed by the Third District Court of Appeals.
Thereafter an appeal was taken by the Department of Community Affairs and on
February 16, 1993 a settlement agreement with DCA was approved.
In 1994 the development got its waste treatment plant and on April 27, 1995 auger
holes were inspected by Monroe County pursuant to the original construction permit
##89-3-680. Another minor amendment was applied for in 1994 and approved by the
Planning. Commission*in January of 1995. Other than the auger hole inspection in 1995
and the installation of the waste treatment plant, which also was inspected by Monroe
County, no other activity took place that required action by Monroe County until the
creation of the Islamorada, Village of Islands. Islamorada accepted the responsibility for
the project. I am enclosing copies of affidavits from Donald Horton acknowledging the
acceptance of those permits.
While all this was going on Gene Rhodus had deposited with the County
$49,552.00 in 1989 and was unable to complete the work. The present developer has hired
another general contractor to complete the work through Islamorada.
Monroe County does not require non-refundable deposits for its building permit
application and, in fact, authorizes refunds at Section 6-43. I am sure you would agree
that it is inequitable for Mr. Rhodus to have paid the County such a substantial amount
of money for a project that was not built. We are aware that Monroe County did provide
services to this project and would anticipate the reasonable value of those services to be
deducted from the permit fees paid. However, the remainder or the permit fees which
contemplated a 45 unit condominium being built should be returned to Mr. Rhodus. The
County has had the benefit of this money for almost 13 years and justice would require
that it be returned to its rightful owner.
I appreciate your assistance in this matter. If any further information is required
Page 3
June 18, 2002
or requested, please do not hesitate to call.
Respectfully,
Franklin D. Greenman
FDG/zb
Enclosures
cc: Gene Rhodus
H.\Clients\GreenmanlActive\Rhodus\Letters\Pascekick 001.wpd