2. 07/21/2021 Agreement (0e Kevin Madok, CPA
.�bti "
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: July 30, 2021
TO: Emily Schemper
Planning & Environmental
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21' BOCC Meeting
Attached, for your handling, is an electronic copy of K12, an interlocal agreement
between Monroe County Land Authority (MCLA) and Monroe County (MC) authorizing
the MCLA to manage 5 MC employees and MC acquisition programs including: Density
Reduction Program, Less than Fee Program, Habitat Restoration Program, Re-sale of vacant
Density Reduction lots without Development Rights, the CDBG-DR Voluntary Home Buyout,
and the HMGP-Buyout programs; and repealing the prior interlocal agreement dated October 19,
2016.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Rorida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330l
305-294-4641 305-289-6027 305-852-7145 305-852-7145
INTERLOCAL AGREEM EN" BETWEEN THE MONROE COUNTY LAND AUTHORITY
AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY REGARDING
THE ADMINISTRATION OF LAND ACQUISITION PROGRAMS
This Interlocal Agreement ("Agrcement") is made and entered into this 2 1 st day ofJuly, 202 1, by
and between the Board of County Conit-nissioners of Monroe (-ounty, Florida ("BOCC-) and the Monroe
County Comprehensive Plan I,,and Authority ("MCI-A").
WHEREAS,the State of Florida through the Florida Keys Area Protection Act has identified, the
State's intent to ensure that the population ofthe Florida Keys can be safely evacuated in the event c4'a
hurricane and has designated the Florida Keys as an Areas of Critical State Concern. F.S.380.0552.
("'Keys ACSC-); and
WHEREAS, the State of Florida has, provided that the land autl1ority may acquire and dispose of
real property Or an), interest therein when such acquisition is necessary or appropriate to prevent or satisfy
the purposes and provisions of its governing act, including conservation(natural: environs en( and wildlife
habitat), recreation, affordable housing, and private property rights claims reSUlting frorn litilitations
imposed by the designation ofan area of critical state concern. F.S.380.0666(3);and
WHEREAS, Monroe County has adopted such an ordinance creating Monroe COL111ty
Comprehensive Plan band! Authority ("MCL.,A") and granting it the power to do any and all things
necessary or convenient to,carry OUI the purposes of such an ordinance. Monroe County Code Sec. 2-397;
2-398,- and
WHEREAS, Monroe County has adopted a Rate of'Growth Ordinance("ROGO"), as set forth in
Chapter 138 of"the Monroe County [,,and Development Code, with the stated purpose of protecting the
residents, visitors, and property in the COLInty from natural disasters, specifically including hurricanes by
limilting the annual amount and rate of residential development conirnensurate with the counity's ability to
maintain a reasonable and safe hurricane evacuation clearance tinge; and
WHEREAS, ROGO pernlit allocations are Currently limited, by rule promulgated by the Florida
Administrative Code Bole 28-201.140, to 197 permits per year for Monroe COL1,11ty with: an anticipated
build out of all available permits for the Florida Keys by tile year 2023;
WHEREAS, M0nrOC COL111ty amended its Comprehensive Plan to extend that date to 2026 by
slowing the distribution rates of ROGO permits as set forth in F A.C- 28-20.1,40,and
WHEREAS. ROGO is iniplernented, through a tier system whereby real properly is divided into
three tiers establishing criteria for the evaluation of real property for the building permit application
process %vithin Monroe County, 'I'lle most highly developable infill properties are designated as 'Fier III
properties. Monroe County Code Sec. 1;1 3 8-28-1 and
WHEREAS, there are currently approximately 8,0001 undeveloped, piivatcly owned parcels, with
over 3,000 Of these Undeveloped, privately owned parcels designated as -rier III properties in Monroe
County; and
WHEREAS, ClUe to [lie limitations oil the number of ROGO allocations imposed by (he State of
Florida, Monroe County may be unable to issue residential building pernifts for all oaf the undeveloped
privately owned parcels, in Monroe County;and
Page 1 of 7
WHEREAS, in order to reduce tile potential liability of Monroe County for property rights
claims and to address the corresponding potential impacts on the County's hurricane evacuation clearance
finles, the BOCC desires to implement as many acquisition i programs as possible to offset the risk of
potential property rights claims'- and
WHEREAS, BOCC has:
A. Created the Less TImn Fee Acquisition Prograim;
B. Created the Density Reduction Program by implementing Fund 316 for Acquisition;
C. Autilorized the resale of cup to eleven (11: 1) lots acquilred under the Density Reduction
Program with deed restrictions that stripped ability of owner to apply for a rate of growth
ordinance (ROGO)allocation;
D. Supported land maintenance,of conservation lands including coordination of land
maintenance of vacant county owned land from the Monroe COUnty Environmental Land
Management and Restoration Fund (I"und 160, aka MCELMR17, a non-ad valorem: fund);
E. Supported acquisition programs related to grant funding received by the COUIlty
including but not limited to:
a. Community Development Block Grant(CDBG)
b. Hazard Mitigation Grant Prograni(HMGP)(currently in application with
FDEM)
C. Flood Mitigation Assistance(FMA) program: (currently developing applications);
As well as
F. AL111101'imd Couility and MCLA staffto coordinate witil State Department of
Fnvironmental protection (DEP) and Deparfillem of Economic OppOrtUnity (DEO) on
Florida Forever project properties by 2017 MernorandLUM of Agreement and
Confidentiality Acknowledgement for the Florida Forever Keys Projects, located in
Monroe County,as arnended for the 2 nd tittle on May 20,2020;and
WHEREAS, the BOCC would like to create a prograni to forniallize the disposition of Density
Reduction Lots, N,vithout development rights, and would like MCC A staff to help, create and administer
that program;and
WHEREAS, the, BO,CC also desires to,continue to work cooperatively with the DEf) to purchase
Florida Forever Properties in tile Florida Keys foi- the purposes of preserving envirollmentallY sensitive
lands and for the purposes of reducing the State and County's potential exposure to property rights
claims; and
NOW THEREFORE.,the parties agree as follows:
SECTION I - RECITAI.,S: 'Tile above recitals are If'Lie and correct and: are incorporated herein by
relerence, The parties intend for this Agreement to address program adn'linistration of acquisition
programs described belo�w.
SECTION 2 - ADOPTION: ']'he interlocal agreement bet"feen MCC A and BOCC dated October
19, 2016, is hereby repeated and replaced by this interlocal agreement. This agreement shall have
as phased inipleimentation. Starting oil August 22, 2021, the MCLA shall, be authorized to begin
Page 2 of 7
implementation and management of the programs set forth in Section 3 along with access and
USC of the vehicle set forth in Section 8, herein. The remainder of this agreement shall: become
effective as of October 1, 2021. This agreement shall terminate upon termination of the I'lorida
Keys Area of Critical State Concern designation, unless terminated earlier according to, the ternis
of this agreement.
SECTION 3 - PROGRAMMING:" MCLA's administration will inClUde grant management of the
BOCC programs outlined below (hereinafter [lie -Programs"), including, bL11 111ot lirnited too seller and/or
buyer coordination- negotiating purchase and sale agreements; ordering due diligence products on behalf
of the BOCC, including but nol limited to appraisals. boundary surveys, environmental assessments and
any other inspect ions required in order to facilitate the BOCC*s acquisition,and ordering closing set-vices,
title corninitments, and title insurance policies on behalf" of the BOCC The MCLA staff shall be
responsible for preparing all agenda items necessary to accomplish the purposes of this agreement,
including but not lirnited to agenda items requiring BOC'C approval. MC LA staff shall coordinate with
BOCC staff as to placement on the appropriate segment of the BOCC portion of the agenda. 1-ands,
acquired under said Programs shall be purchased with funds from either the BOCC or the referenced grant
programs and shall be titled in the BOCC. MCLA's administration shall inClUde land stewardship
activities pursuant to Program IV below when the acquired properties are suited For nianagernent as
conservation land. Otherwise, the BOCC agrees to maintain the acquired properties and MCLA's
adimirdstration shall include coordinating with BOCC stalT (Facilities Maintenance or Project
Management) regarding maintenance activities such as mowing,trash removal,etc. when needed.
PROGRAMS:
T. Less I'liag F" i iti n
Lens..................................................g!LAM.�i............2 _Pjo gqip 'this is a less than, fee acquisition progra m_&-_j:
to retire the rights to build dwelling units where the subject lot is owned by the
adjoining homeowner. The prograrn was established by BOCC Resolution 175,-
2018 and amended by BOCC Resolutions 438-2018 and 06 -20:2Cl.
If. Detis_i�Redt�ictjon A�uisitigi Pro a ii: This is a fee simple acquisition program
gjrL_L i
for those lots that are not suited for nidnagen'ient as conservation land. The
program was established to retire the rights to build dwelling units on said lots
pursuant to the 301 Interlocal; Agreement between MCLA and the BOC(',.
L-)g1sity Reduction Resale ProgEgm: A prograni to resell Density Reduction Lots
(lots not suited for management as conservation land) subject to deed restrictions
prohibiting development with dwelling units needs to be formally established
with criteria and processes as provided for in F'.S. 125.35(3). ']'lie Board has
previously approved of offering eleven Duck Key lots for sale through
Resolutions 379-2019 and 122-20211- neither resolution contemplated or
authorized further dispositions.
IV. Conservation Land Stmardshi graqi: ']'his is a program to manage
conservation lands using the Monroe County Environmental Land Management
and Resloration Fund (Fund 160, aka MCELMRF), a non-ad valorern ffind
established pursuant to BO:CC ReSOIL[61011 112,2004 and BOCC Resolution I I I-
201 Cl. Said lands consist of conservation lands owned by the BOCC,
conservation lands leased to the BOCC by the Board of"'I'rustees of the Internal
Page 3 of 7
1ullprOVC111C111 Trust fund of the State (,)I' Florida, and conservation lands owned
by MCLA.
V. Corrimunity Development Block Grant - Disaster- Rec.ov,M (CDBG-DR)
Yoluntary I lome Buyout Program: This is a program to purchase and demolish
improved properties that were darnAged during Hurricane Irma andto acquire the
associated ROGO exemptions pursuant to BOCC Resolution 150-2020, thereby
amended oil March 17. 20121. Properties acquired under this program must be
maintained for open space, recreation,or stormwater niallagernent.
V1. Ha-4,a,,ad-.,Mjtj>ion E� i).�) - q, i i,g Cj _�L_qL_ .!Lgnd Demolition: 'This is a
program: to purchase and demolish improved properties that were damaged
during Hurricane Irma, to, acquire the associated ROGO exemption, and to
maintain the acquired propenies as open, space. The BBC C authorized
submitting a grant application for this program Oil July 18,2018 (Item D-4),
V11. Flpod.-Mitigatiotl Assistance (FM'A),, Ac"luisition and, Demolition: This is a
program to purchase and demolish improved properties that were darnaged
during Hurricane Irma or other flood events, to acquire the associated ROGO
exeniption, and to maintain the acquired properties as open space. The BOCC
authorized submitting a grant application I-or this program on May 19,2021 (Item
K-6).
V111. Florida Forevei Prp anj: MCLA will coordinate with Florida Department of
............................................................................................... ............. gL_
Environmental Protection (DEP) and Department of Econornic Opportunity
(DEO) regarding tile Statc's acquisition of property within Florida Forever
prcjects. MCLA will serve as the 130(',V's agent in implementing the 2017
Memorandum of Agreement, as subsequently anlended, between Monroe County
and the Board of Trustees; of tile Internal Improvement ]rust FUnd of tile State of
Florida and will assist DEP in identifying willing sellers within Florida Forever
pr(,��ects. Nothing in this agreenient shall prevent the MCLA froni working
cooperatively with t1le DEP on, acquisitions of qualifying properties under the
existing statutes, regulations, and ordinances, governing land acquisitions by both
entities.
sEcrION 4 - FINANCANG: The BOCC Will C0111illUe to has the financial services and funding
(including, but rl()t hIllited To. budgeting, purchas ii,ng/b i ds/proc ure me n t. paytileilit to venclors and
applicants, and auditing) for the Programs referenced above. The currem funds include- Fund 316
Acquisition Fund; Fund 160: Monroe County L'Invironmental Land Managenient and Restoration, Fund
(NICELMRA"), Cp. B(;-DR; HM(;P; and FMA.. The Clerk of the Court will continue to issue vendor
payments. and BOCC FTE payroll. The Clerk will maintain Board financial statements including annual
single audit report and audit functioll Of BOCC
SEC"TION 5— EMPLOYMENT: The positions referenced below will be BOCCI payroll positions and to
the extent not funded by the referenced grants, will be funded by the BOCC, as long as time persons
currently within the positions remain employed in that position. Such funding shall include all ailliciltary
funding necessary for such employee, including, but not limited to office space, technology, cell phone,
insurance benefits, retirement benefits and vehicle(s) necessary to implement each position. Additionally,,
MC LA EXeCUtive Direclor, to tile extent possible, Nvill bill the grant Programs, for time expended by the
Page 4 of 7
MCLA Executive Director, When grant frinds are no longer available to fund personnel services, BOCC
will continue to fund the positions, subject to annual appropriation,, unless otherwise agreed to.
STAFFING: POSITION NLJMBERS:
Land Steward G1wF1GM-005,
[,and Steward Assistant GMENV-020
New FTE Land Steward Employee TBD
Acquisition Manager GMPL,N-032
Mitigation Adniinistrator GMBL,G-053
The positions listed above will be rnanagyd by and report to the MCLA Executive Director, according to
tile BOCC adopted Personnel Policies and Procedures (PPP), as tilay be arnerided frorn time to time, as
well as the Career Service Council Act and corresponding rules and regulations. In the case of ally
Suspension, discharge, reduction in: pay, or dernotion of such eiriployees, the Executive Director shall be
required to obtain Counity Adininistrator approval with a review by the Ernployee Services Director and
County Attorney to assure the Executive Director followed tile PPP.
SECT ION 6:
Any new positions that will be added will be MCLA positions. If, at any time, arty of the employees
currently occupying the positions listed above leaves the position or separates from employment with
Monroe County, the position will from that point forward be an MCLA eniployee, and M'CLA will be the
employer for all purposes for that position. In this case, the pat-ties will work in good faith to ainerld this
agreement to Fund the position appropriate to the progratri,
For each of the five (5) positions listed above, while the position is held by a BOCC employee but
managed by the MCLA Executive Director, MCLA agrees to indeninify and hold harmless the BOCC for
any and all, etirployment claims filed by the employee arising out of the employment, including but not
limited to: workers' compensation; unernploynient; and any clairns arising out of federal, state or local
laws including but not limited to alleged violations of Arnericans with Disabilities Act as amended, Title
"ill, and Section 504 of the Rehabilitation Act of 1973, to the extent the costs of such clainis exceed any
insurance coverage provided to the MCLA through tile County. The term "claim" shall include liability
or potential liability for wages and all, other forms of darnages,as well as attorneys' fees and costs.
As long as B(.),(.'C funded employees are assi�gned work under the MCLA Pursuant to this Sectiom tile
parties shall review this section no later than July I of each year to deteriume it' any BOCC funded
positions Should be transitioned to the MCLA. The parties shall work cooperatively to seek any
legislative changes to (1I:e MCLA enatfling statute and/or ordinance that are necessary to fornialize tile
transfer of the BOCC funded positions and prograrns,to the MCLA.
SECTION 7 - CIS SERVICES. The BOCC will provide GIS services related to ]and acquisition, and':
access and maintenance of related (JIS layers. In addition, the BOCC will continue to support and
provide access to systetils, files, and data bases to support tile Programs, including but not limited to
Alchemy,Community PLUS, county data servers and File directories. and permitting so,ftware platforms.
SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: "I'lie BOCC will provide the Executive Director
With use of the 100 1/9384 vehicle. The vehicle covered in this interlocal agreellient will be maintained by
the Counly fleet manak�erncnt and included in the replacement program, which provides benefits, such as,
Page 5 of 7
bulk purchasing. The MCLA will pay the county's annual maintenance, repair, and, replaceinent cost of
the vehicle,estimated lay the budget office by invoice.
SECTION 9- MISCELLANEOUS:
A. Modifications to this Agreernent shall be valid only when reduced to writing and duly
signed by all parties. If any term or provision of this Agreement shall be invali'd or
unenforceable to any extent, the parties agree to cornply with the rernaining terms and
provisions, unless compliance with the remaining terms and provisions would prevent the
acconiplisfinient of the original intent ofthe agreenient between the parties. Either party
rimy terminate, this Agreement at any tune, with or without cause. Terrnination shall take
effect upon receipt of4ritten notification by a pally to the other party.
B. Notification under this Agreement shall be made by hand delivery, U.S. certified inail,
return, receipt rcrIucsted, or an express rnail with prool'of delivery. Notification by a party
shall be delivered as follows:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Monroe County Attorney
111 1: 1 12'r' Street,Suite 408
Key West, FL 33040
Monroe County Comprehensive Plan Land Authority Executive Director
1200 'Truman Ave., Suite 207
Key West, FL 33040
Gregory S. Oropeza, Esquire
Attorney for Monroe County Coniprehensive Plan [,and Authority
221 Sirnonton Street
Key West, Ft., 33040
[The reniainder of this page is intentionally blank]
Page 6 of 7
r�i WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their
s �� t thereto duly authorized.
l
Z
�✓�
' EVIN MADOK.CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
) 4I II efecall\fr
By: ' f 4/ t fLt By: VII 'PIS
As Deputy Irk 07 r3I dD I Michelle Coldiron. Mayor
„_::.r'r sxo,. Approved for legal sufficiency for reliance by the County Commission only.
na ' •.a Robert B. Shillinger, County Attorney
L
A Robert B. Shillinger
144:1:41
� MONROE COUNTY
COMPREHENSIVE PLAN
�•(/,,&t&t 'Dj,J LAND AUTHORITY
By: C4. � Y R t T ^.. By: /5
Charles G. Paulson. Executive Director David P. Rice.Chairman
APPROVED FOR LEGAL SUFFICIENCY: i
By: .r-7 t•—�.- -.
Gregory S.Oropeza. Esg. ..-
—.
_
_<� cf.
T 'J
Page 7 of r