Item M2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:____ June 17, 2009 Division: BOCC
Bulk Item: Yes No x Department: Mayor George Neugent
Staff Contact Person/Phone #: Terri Marble 4512
AGENDA ITEM WORDING:
Discussion on Marathon Airport issues as proposed by Mr. Dick Ramsey in an Interlocal
Agreement between Monroe County and the City of Marathon.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty — OMB/Purchasing _ Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION:
Revised 1109
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Pagel of 2
Marble -Terri
From: Paros-Reggie
Sent: Thursday, May 14, 2009 10:43 AM
To: Mercado -Pedro; Hutton -Suzanne
Cc: Marble -Terri; Horton -Peter; Neugent-George; Devane-Stacy
Subject: RE: Marathon Airport Interlocal Agreement
From a managerial standpoint, I concur that we should not enter into this ILA.
Reggie Taros, .Manager
Florida Keys Marathon Airport
9400 0—scm Highway, Suite 200
Marathon, FL 33050
Office: (305)289-6002or289-6060
FAX (305) 743.0396
pa ros-rang iea monroecoun ty-fl.Qo v
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From: Mercado -Pedro
Sent: Thursday, May 14, 2009 10:40 AM
To: Hutton -Suzanne
Cc: Marble -Terri; Horton -Peter; Paros-Reggie; Neugent-George; Devane-Stacy
Subject: Re: Marathon Airport Interlocal Agreement
Suzanne, this is going to be an abbreviated answer till I get back but no should really mean no for all of the reasons
outlined in my previous memo. In addition, any major development projects at the airport would require either an
environ impact statement or an environ assessment so there is already a process for the City of Marathon to become
involved on any major projects at that airport. I strongly recommend we DO NOT enter in to this ILA.
Sent from my iPhone
On May 14, 2009, at 10:04 AM, "Hutton -Suzanne" Hutton -Suzanne rMonraeCaunty FL.Goy> wrote:
This needs to be reviewed by Pedro. I scanned over it & believe it is not in the best interests of the County to enter
into such an agreement, and that there are issues from both the growth management side & the general aviation
side that indicate this to be a roadmap to much larger problems. Why do we continue to go looking to create
problems for ourselves that we don't already have?
County Attorney
Monroe County
PO Box 1026
Key West, FI. 33041-1026
305-292-3470
From: Marble -Terri
Sent: Wednesday, May 13, 2009 11:42 AM
To: Hutton -Suzanne; Horton -Peter; Paros-Reggie
Cc: Neugent-George
Subject: Marathon Airport Interlocal Agreement
This is what Dick Ramsey put together for review .... any problems?
5/ 15/2009
MARATHON AIRPORT
INI'ERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into as of this day of May, 2009
between Monroe County, a political subdivision of the State of Florida (hereinafter, the
COUNTY) and the City of Marathon, a municipal corporation organized and existing under the
laws of the State of Florida (hereinafter, the CITY).
WITNESSETH:
WHEREAS, the COUNTY owns the airport located in the jurisdiction of the CITY
known as Marathon Airport (the "Airport"); and
WHEREAS, the COUNTY has historically exercised planning, zoning, permitting, code
enforcement and similar regulatory functions with respect to the Airport; and
WHEREAS, the CITY was incorporated in 1999 and assumed jurisdiction over all
planning, zoning, permitting, code enforcement and similar regulatory functions within the
corporate boundaries of the CITY; and
WHEREAS, the development and operations of the Airport have a significant impact on
the CITY and its residents; and
WHEREAS, the COUNTY has taken the position that it has planning and zoning
jurisdiction over the Airport by virtue of Chapter 332, Florida Statutes, which provides that a
local government that establishes an airport is authorized to adopt all necessary regulations for
management and use of the property; and
WHEREAS, the CITY has taken the position that it has planning and zoning jurisdiction
over the Airport by virtue of the Special Act of the Florida State Legislature which established
the City of Marathon, which, among other things, gives the City Council of Marathon all powers
and duties of the planning commission, the zoning authority, any boards of adjustment and the
County Commission within the boundaries of the City; and
WHEREAS, the COUNTY from time to time receives certain Federal Aviation
Administration ("FAA') grant monies in connection with the Airport, which grant monies come
with certain obligations, assurances, and specified conditions, and
WHEREAS, the COUNTY, in accepting FAA grant monies, is subject, among other
things, to the obligations, assurances and conditions of TITLE 49 , SUBTITLE VII, PART B,
CHAPTER 471, SUBCHAPTER I, § 47141. Compatible land use planning and projects by State
and local governments; which requires assurances from the local government receiving the
grants that (i) any plans be reasonably consistent with the goal of reducing existing non -
compatible land uses and preventing the introduction of additional non -compatible land uses, and
(ii) such plans address ways to achieve and maintain compatible land uses, including zoning,
building codes, and any other land use compatibility measures that are within the authority of the
State or unit of local government to implement; and
WHEREAS, the COUNTY, in accepting these grant monies, is also subject to certain
FAA Grant Assurances Obligations, including (i) that the project is reasonably consistent with
plans (existing at the time of submission of the application) of public agencies that are authorized
by the State in which the project is located to plan for the development of the area surrounding
the airport, and (ii) that it has given fair consideration to the interest of communities in or near
where the project may be located; and
WHEREAS, the CITY and the COUNTY, in the spirit of cooperation, and in
consideration of the various FAA requirements and grant assurances, as well as applicable state
law, desire to establish a mechanism whereby the CITY shall have meaningful input into all land
use, zoning, comprehensive plan, master plan, noise abatement and related issues with respect to
the Airport.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Submittal of Development Plans
The COUNTY agrees to submit to the CITY, for review by the appropriate CITY
departments, all plans for new construction or redevelopment at the Marathon Airport and/or its
encompassing property, including:
i . Any proposed changes to the Marathon Airport Master Plan,
2. Any proposed changes to the County Comprehensive Plan or Future Land Use Map
with respect to the Marathon Airport, or its encompassing property,
3. Any new building projects or redevelopment projects which may be planned for the
Marathon Airport, or its encompassing property,
4. Any proposed changes to the County Zoning Map with respect to the Marathon
Airport, or its encompassing property, and
5. Any other documents the CITY may request in regards to the Marathon Airport or its
encompassing property.
Section 2. City Review of Development Plans
The CITY will review any plans submitted to it pursuant to Section 1 above with respect
to their consideration towards the following:
1. Impact on local interests in the City,
2. Impact on the interests of the CITY as a whole,
3. Impact on the interests of the residents of the CITY,
4. impact on the interests of the CITY's business community, and
5. Impact on the tourist industry in the CITY.
In conducting this review, the CITY will take into consideration compatibility with the CITY's
Comprehensive Plan, Future Land Use Map, Land Development Regulations, Zoning Map,
Building Codes, Noise Abatement and other Code Enforcement issues, and any other CITY
codes and ordinances which are within the power and authority of the CITY.
Section 3. Comments on Development Plans
The CITY agrees to complete any such review on a timely basis, but in no event later
than thirty (30) days from the date a complete set of the relevant plans and information are
received by the CITY from the COUNTY. At the end of such review, the CITY shall forward to
the COUNTY, and any other appropriate agencies, their comments, if any, with respect to such
plans and projects.
Section 4. Dispute Resolution
If there is disagreement between the CITY and the COUNTY with respect to any plans or
proposed projects relating to the Marathon Airport, or its encompassing lands, the COUNTY
shall, if requested in writing by the CITY, meet with the CITY in an attempt to resolve said
differences prior to adoption of such plans or proposed projects by the COUNTY. If these
differences are unable to be resolved within thirty (30) days from the date of the aforementioned
written request, the COUNTY and the CITY will jointly submit the dispute in writing to the
FAA or such other appropriate state and/or federal agency for their review and decision.
Section 5. Term.
Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set
forth herein, this Agreement shall be effective beginning June 1, 2009 and continue in force for
five years. If a new agreement has not been adopted by June 1, 2014, the terms of this agreement
shall continue to be effective until a new interlocal agreement is in place.
Section 6. Termination.
Either party may terminate this Agreement without penalty upon thirty (30) days' prior
written notice.
Section 7. Notices.
All notices, requests, demands, elections, consents, approvals and other communications
hereunder must be in writing (each such, a "Notice'/ and addressed as follows (or to any other
address which either party may designate by Notice):
If to County: Mr. Roman Gastesi
County Administrator
Monroe County
1100 Simonton Street
Key West, Florida 33040
With a copy to: Suzanne Hutton, Esq.
County Attorney
P.O. Box 1026
Key West, Florida 33041
if to Ci Clyde Burnett
City Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
With a copy to: 0Jimmy Morales, Esq.
City Attorney
Steams Weaver Miller Weissler Alhadeff& Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, Florida 33130
Any Notice required by this Agreement to be given or made within a specified period of time, or on
or before a date certain., shall be deemed to have been duly given if sent by certified mail, return
receipt requested, postage and fees prepaid; hand delivered; facsimile; or sent by overnight delivery
service.
Section 8. Regulatory Powers.
8.1 Nothing contained herein shall be construed as waiving either parry's regulatory
approval or enforcement rights or obligations as it may relate to regulations of
general applicability, which may govern the Agreement.
8.2 Nothing herein shall be deemed to create an affirmative duty of either party to
abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in accordance
with ordinances, rules and regulations, federal laws and regulations and state laws
and regulations.
Section 9. Attorneys Fees and Waiver of Jury Trial.
9.1 In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and
expenses of any paralegals, law clerks and legal assistants, and including fees and
expenses charged for representation at both the trial and appellate levels.
9.2 In the event of any litigation arising out of this Agreement, each party hereby
knowingly, irrevocably, voluntarily and intentionally waives its right to trial by
jury.
Section 10. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the
State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in
Monroe County, Florida, Middle Keys Division of the Circuit Court or the Southern District of
Florida.
Section 11. Entire Agreement/Modi6cation/Ameadment.
11.1 This writing contains the entire Agreement of the parties and supercedes any prior
oral or written representations. No representations were made or relied upon by
either party, other than those that are expressly set forth herein.
11.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 12. Severability.
If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
Section 13. Authorization.
Pursuant to Section 163.01, Florida Statutes, the parties are authorized to enter into this
Interlocal Agreement.
Section 14. Waiver.
The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this Agreement shall not
be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful
conduct.
Section 15. 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 constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:
Deputy Clerk
ATTEST:
Diane Clavier
City Clerk
(City Seal)
Mayor/Chairperson
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
ATTORNEY'S OFFICE
THE CITY OF MARATHON, FLORIDA
Mike Cinque, Mayor
APPROVED AS TO FORM AND LEGALALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
BY:
City Attorney