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Resolution 247-1987 -- Capt. Thomas W. Brown County Administrator RESOLUTION NO. 247-1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD TO EXECUTE A MODIFICATION OF AGREEMENT TO AGREEMENT NUMBER 87-SR-40-11-54-01-003 BY AND BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby approves and authorizes the Mayor and Chairman of the Board to execute a Modification of Agreement to Agreement Number 87-SR-40-11-54-01-003 by and between the Department of Community Affairs and Monroe County, Florida, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the~~nJday Of~, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest: DANNY: L. KOLHAGE, Clerk Jf -L?4 d'?~LJL LERK APPROVED AS TO FORM AND lEGAL SUF., 'FIe, 1.,~~o1t" .', I' L. ",I':' ,,{--;:/ 1/ t .,po~,. BY ~:n~- (' Modification of Agreement Agreement Number 87-SR-40-11-54-01-003 between the Department of community Affairs (Department) and Monroe County (County) is hereby modified to read as follows: III.(B)(1)(d) overtime compensation in the form of funds made available to recognize additional hours required to assist in the implementation of the Monroe County Comprehensive Land Use Plan and Land Development Regulations. These funds will be distributed to the inspectors, building/planning/zoning coordinators, secretaries, aids and clerks positions within the Planning Department for compensation for all hours worked in addition to the normal 37-1/2 hour work week. The overtime rate of 1-1/2 times the employee's base rate of compensation will be the determining rate of distribution of these funds. compensation will be reflected in paychecks covering the period of this agreement and will be documented on forms provided by the County; III.(B)(2)(b) Reassess and refine using field collected data from each habitat type the Habitat Evaluation Index (HEI) found in Volume 1 and Volume 2 of the Monroe County comprehensive Land Use Plan and prepare in report format a submittal to the County Commission for adoption consideration; III.(B)(2)(c) Review the environmental performance standards established in Volume 3 of the Monroe County Comprehensive Land Use Plan's Land Development Regulations to establish appropriate mitigation alternatives for adoption consideration by the County Commission; III.(B)(2)(f) Complete the focal point planning programs established for the Holiday Isle and Sunshine Key Areas of Critical State Concern to replace the existing interim rules; III.(B)(2)(g) Develop a usable procedure to register fishermen according to the requirements of Volume 3, Section 9-225 of the Monroe County Comprehensive Land Use Plan's Land Development Regulations; III.(B)(2)(h) Develop a usable procedure for the registration of all non-conforming uses; III.(B)(2)(i) Develop and implement a Transferable Development Right accounting program for use on the county's computer system; III.(B)(2)(j) Recodify the land development regulations found in Volume 3 of the Monroe County Comprehensive Land Use Plan's Land Development Regulations for use in the County Code Book and transmit two complete copies to the Department; III.(B)(2)(k) Develop, in conjunction with the South Florida Water Management District, Department of Environmental Regulation and the South Florida Regional Planning Council, a stormwater runoff ordinance for adoption consideration by the County Commission; III.(B)(2)(1) Prepare a survey of archaeological, historical and cultural sites for adoption consideration by the County as landmark designations. The County and the Department agree to request the assistance of the Florida Department of State in this effort; III.(B)(2)(m) Develop a sign program according to the requirements of Volume 3, Chapter 9, Division 13, Section 9-1308 of the Monroe County Comprehensive Land Use Plan's Land Development Regulations to implement the prOhibition of off-premises and portable signs; III.(B)(2)(n) Prepare a handbook and/or pamphlet explaining landscaping and bufferyard requirements; III.(B)(2)(o) Implement an impact fee accounting and tracking procedure; III.(B)(2)(p) Develop and implement a conditional use monitoring program compatible with the County's computer system; III.(B)(2)(q) Review the Destination Resort requirements and prepare a report describing possible refinements for adoption consideration by the County Commission; III.(B)(2)(r) Prepare a report for adoption consideration by the County Commission which reviews the status of live-aboard vessels and include recommendations for corrective action; III.(B)(2)(s) Develop a focal point planning program for the Marathon area for adoption consideration by the County Commission; III.(B)(2)(t) Review the Mixed Use District and prepare a report for adoption consideration by the County Commission which describes the suitability of existing standards and recommend appropriate changes; and III.(B)(2)(u) ~he County will implement, in cooperation with the Department of Environmental Regulation and other state and federal agencies, a water quality monitoring program to ensure that the individual and cumulative impacts of development, especially wastewater treatment systems, commercial water dependent activities and live- aboard vessels, do not degrade nearshore water quality. The County will invite the Cities of Key West, Key Colony Beach and Layton to participate in the development of this water quality monitoring program; sampling stations for these Cities shall be included in the program and the cause of any water quality problems(s) shall be identified and corrective measures are to be recommended. III.(B)(3)(d) The providing of professional assistance in the Monroe County Comprehensive Land Use Plan and Land Development Regulations update with particular attention to implementation of the adequate facilities provisions of the Monroe County Comprehesnive Land Use Plan and Land Development Regulations and the incorporation of the North Key Largo Habitat Conservation Plan; III.(B)(4) Special Study ~ Property Appraiser: $50,000 The County's Property Appraiser will prepare and submit a report documenting that office's review of the property assessments affected by the Monroe County Comprehensive Land use Plan and Land Development Regulations. V.(B) A second payment of $362,500 upon submittal and the Department's acceptance of a progress report demon- strating satisfactory progress on all remaining tasks. This report is due no later than June 30, 1987; ;.. (1 V.(C) A third payment of $262,500 upon the submittal and the Department's acceptance of the following work products from section III B (2) of this agreement: (a), ( b), ( g), (j), ( k), ( n), ( 0), ( p) and (u ) and the Department's acceptance of a progress report demon- strating satisfactory progress on all remaining work products. These work products and progress report are due no later than October 31, 1987; V.(D) A fourth payment of $162,500 upon the submittal and the Department's acceptance of all remaining work products and tasks. These work products and tasks are due no later than December 1, 1987. All provisions in the Agreement and any attachments thereto in conflict with this modification shall be and are hereby changed to conform with this modification. All provisions not in conflict with this modification are still in effect and are to be performed at the level specified in the Agreement. This modification is hereby made a part of the Agreement. IN WITNESS WHEREOF, the parties have caused this modification to the Agreement to be executed by their undersigned official as duly authorized. James A. Quinn, Acting Director Division of Resource Planning and Management Department of Community Affairs State of Florida Jerry Hernandez, Jr. Mayor, Board of Commissioners Monroe County, Florida '. Date Date APP.l70VED AS TO FOnt!~ A,VD L ,-1l !WFFICIFA-r:Y. I - S'Y I:tr,vn"v's Offir:1" ....' ----