Item C
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BOAIU> OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 31, 2000
Bull< hem: Yes . No X
Division: GIowth Management
Depanment: NI A -
AGENDA ITEM WORDING; Approval of recommended Intel"local Agreement b~tween Monroe CoulllY and City o~
Marathon for the provision of pennitting and code enforcement services within the City of Marathon by the Monroe CO\lllt~
Growth Management Division.
ITEM BACKGROUND: The City of Marathon incorporated effective November 30, 1999. Since March 3. 2000. negotialion~
have been taking place between the Growth Management Division staff and attOl11eys representing the City of Marathon relOlel
to provision of permitting, planning, and cQde enforcement services to the City. Although issues still need to be resolved ,Illl
further negotiations conducted, the Growth Management division staff and City representatives have I'c3chcd agreement 01
services to be provided by the County related 10 the permiuing of "as-of-right" development applications and specified COdl
enforcement services.
PREVIOUS RELEVANT BOARD ACTION: On March 16, 2000, the BOeC directed staff to negotiate an 1nterloc:al
Agreement with the City of Marathon to provide permitting for "as-of-right" development.
S'f AFF RECOMMENDATION: Approval
------.- .
TOTAL COST:
N/A
BUDGETED: Yes
No
x
COST TO COUNTY:
N/A
APPROVED BY: County Attorney
X OMB/Purc:hasing
N/A
Risk Management
N/A
DIVISION DIRECTOR APPROV A
r of Growth Managelnent
DOCUMEN'rATION: Included
To follow
x
Not required
DISPOSITION:
Agenda Item N:
~
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AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION
DEPARTMENT
- -----
SUBJECT
DATE ITEM WILL BE A V AILABLE J .-ci(6' - (7)
AGENDA ITEM NUMBER
MAR-29-00 WED 16:17, GR0WTH MGT. DIV.
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County of Monroe
<lrowth Manuen:ll:l)t Divisiof],
2798 OVErseas Highway
Suitc410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
BOl'lrd of Counl}' Comll1i~siol~
MAyor Shirley Freeman, Disl. J
Mayor Pro Tcm, Gcorl:\e Neugent, Uist. 2
Commissioner Wilhelmina IIl1rvey, Disl. I
COlllmissioner Mary Kay Reich, DjSl S
Commissioner Nom Willimm, Oisl. 4
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Timothy J. McGarry, AICP /fA
Director of GrCtwth ManagemMv\Sion
March 29. 2000
DATE:
SUBJECT:
Proposed Interlocal Agreement with the City of Marathon for
Permitting and Code Enforcement Services: Agenda Item C
Overview
On March 15, 2000, the Board of County Commissioners directed the Growth Management
Division staff to negotiate an interlocal agreement with City representatives, concerning the
provision of permitting services to the City of Marathon. The attached draft interJocal agreement
has been prepared for soce consideration at its Friday, March 31, 2000. special meeting in Key
Largo. The Growth Management Division staff requests that the BOCC approve the agreement
as proposed or with any modifications as it may deem appropriate. (The draft has been sent to
the County Attorney for legal review.]
Summary of Proposed Agreement
The interlocal agreement proposes that the County Growth Management Division provide specific
permitting, planning, and code enforcement services to the City of Marathon through September
30, 2000. These services include processing, review, approval, and issuance of "as of right"
permit applications and processing and review of discretionary permit applications, such as
variances, ROGO allocation awards, minor and major conditional uses, and alcoholic beverage
and home occupation permits. The County Building Official, Planning Director, and Biologist. will
have full power and authority to interpret the County Code (City Code) as it applies to the City of
Marathon.
In case of the discretionary permits, the County staff will be required to prepare staff reports and
make presentations to the Marathon City Council, in its capacity as the Local Planning Agency.
This service includes advertising and posting.
C:\OOCUMENT\Marathon\boccinterlocal.doc
C-
. MAR-29-00 WED 16: 18 GR0WTH MGT - D I V_
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P.03
The County will also providl;! code enforcement services with the primary focus on construction
and land use activities that violate the County/City Building Code and land Development
Regulations. The County will move forward on prosecution of all code enforcement cases initiated
prior to February 24,2000.
All fees for permit applications and permits will be retained by the County. The County will also
require a $100 "surcharge" on all applications processed for discretionary permits listed under
paragraph 4 of the agreement. This proposed surcharge is apparently not acceptable to the City.
Therefore, in order to avoid a problem in getting the agreement approved, the City representatives
have suggested that the "surcharge" be placed in a reserve account.
All impacts fees collected will be placed in reserve accounts, until the City and County have
reached agreement on the assignment of responsibilities for infrastructure funded by these fees.
Both the City and County may terminate the agreement without cause with 30 days written notice
to the other party. The agreement also requests that the City, as soon as practical. notify the
County if it intends to extend the agreement beyond September 30, 2000, but by no later than July
31.2000. [The City representatives recognize that the July 31 date would create problems for the
County in preparing its FY 2001 Budget and agree to have the City Council expedite a decision on
continuing its agreement with the County.]
Issues of Concern
The Growth Management Division believes the interlocal agreement is acceptable, but believes
the SOCC should be aware of two issues before making its decision. The first issue concerns the
$100 surcharge. Although permitting and application fees and funds from the municipal taxing
district (Fund 148) generally cover all the costs for the processing of permit applications, the
additional costs and time incurred by the staff to prepare separate meeting notices and attend the
meetings of another special hearing body are not covered. In the case of ROGO, it will require the
staff to prepare an additional and separate report above and beyond what is normally required.
Therefore. in the opinion of the Growth Management staff, it would be unfair for taxpayers of
unincorporated Monroe County to subsidize the costs to process such discretionary permit
applications, either through additional costs or the reduction in available staff lime for assignment
to critical projects within unincorporated Monroe County. Despite such reservations, the staff
does not believe this issue should hold up the approval of the agreement as proposed, unless the
BOCC believes it should be resolved immediately rather than at a later date.
The second issue is ROGO allocation awards. Paragraph 4 calls for the County to process
ROGO applications; however, until a Chapter 380, Florida Statutes, Agreement is reached among
the Department of Community Affairs, Monroe County, and City of Marathon, the County will not
be able to process ROGO applications, except for those already authorized by the SOCC. City
representatives have indicated that such an agreement is currently being prepared and asked that
the County process residential building permit applications, but withhold accepting new ROGO
applications or acting upon any existing ROGO applications until a Chapter 380 agreement is
executed.
C. \DOCUMENT\Marathon\bocclnterlocal.doc
MAR-29-00 WED 16:19 GR0WTH MGT. DIV.
305 289 2854
P.04
Recommendation
It is recommended that the EIOCC approve the proposed interlocal agreement.
Attachment
cc: Mr. James l. Roberts, County Administrator
Mr. James Hendrick, County Attorney
C:\DOCUMENT\Marathon\boccinterlocal. doc
MAR-29-00 WED 16:19 GR0WTH MGT. DIV.
305 289 2854
P.05
INTERLOCAL AGREEMENT
This Interlocal A!Jreement (the "Agreement") entered into this day
of , 2000, by and between the City of Marathon, a municipal
corporation of the State of Florida, whose address is P.O. Box 500430,
Marathon, Florida, (the "City"); and Monroe County, Florida, a political
subdivision of the State of Florida, whose address is Public Service Building,
5100 College Road. Key West, Florida (the "County"),
WITNESSETH:
WHEREAS, the City was created by Chapter 99-427, Laws of Florida,
which approved the creation of the City of Marathon effective November 30,
1999; and
WHEREAS, Chapter 99-427 provides that as of November 30, 1999, all
planning and zoning powers and duties within the City's boundaries shall be
vested in the City Council until such time as the City Council delegates all or a
portion thereof to another entity; and
WHEREAS, both the City and the County are interested in insuring
continuity in the provision of building, code enforcement and permitting functions
within the City's corporate limits and a smooth transition in the eventual transfer
of these functions to the City; and
WHEREAS, on February 28, 2000. the Board of County Commissioners
authorized the County Growth Management Division to process and issue
building permits to thE~ recipients of residential dwelling unit allocation awards
granted by the City Planning Commission on March 2,2000; and
. MAR-29-00 WED 16:20 GR0WTH MGT. DIV.
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P.06
WHEREAS, the City desires to utilize the services of the County to
provide building, code enforcement, and planning functions as specifically set
forth in this Agreement.
NOW THEREFORE, in consideration of the mutual consideration and
promises set forth below, the parties agree as follows:
1. ~uthority to Enter Into Agreement.
This Agreement is entered into pursuant to Section 163.01, Florida Statutes.
2. Definitions.
For the purpose of this Agreement the following definitions shall apply:
2.1 As of right permit means a building permit issued pursuant to
Chapter E) of the City Code, and any development order under
Chapter 9.5 of the City Code, the issuance of either of which is
ministerial only.
2.2 Discretionary permit means a building permit issued pursuant to
Chapter B of the City Code, and any development order under
Chapter 9.5 of the City Code. the issuance of either which requires
discretionary review by the County Growth Management Division
including, but not limited to. the Planning Director. Building Official,
Development Review Committee.
2.3 City COdl3 and City Comprehensive Plan means the Monroe Code
and the Monroe Comprehensive Plan in effect on November 30,
1999. and operating as the adopted Code and Comprehensive Plan
2
MAR-29-00 WED 16:20 GR0WTH MGT. DIV.
305 289 2854
P.07
of the City in accordance with the City Charter, and Section 1-5 of
the City Code.
3. As of Right Permits.
3.1 The County shall accept, process and issue or deny (as
appropriate), applications for as of right permits for property within
the City, including, but not limited to:
a. New and existing commercial real property and
structures,
b. The renovation. alteration. and replacement of existing
residential structures and the construction, alteration, or
renovation of pools, and other residential accessory
structures and uses.
c. Signs and outdoor lighting.
d. Land clearing and filling.
e. Clearing of exotics and tree trimming.
1. Environmental site surveys.
g. Docks, rip-rap and seawalls.
h. Maintenance dredging of canals.
i. All other environmental permits and approvals required
under Division 8. Environmental Standards, of Chapter
9.5, of the City Code.
3.2 The applications will be evaluated pursuant to the City Code, and
the permits will be issued (or denied) in the name of the City.
3
. M~R-29-00 WED 16:21 GR0WTH MGT. DIV.
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4. !?iscretionary Permits.
4.1 The County shall accept, process and issue or deny (as
appropriate), applications for discretionary permits for property
within the City, including. but not limited to:
a. Minor and major conditional uses.
b. Residential Dwelling Unit Allocation Awards.
c. Variances.
d. Alcoholic beverage and home occupation permits.
4.2 The applications will be evaluated pursuant to the City Code. and
the permits will be issued (or denied) in the name of the City.
4.3 The City Planning Commission shall have and exercise all of the
powers and responsibilities as specified in Chapter 9.5 of the city
Code, including. but not limited to. the review and approval of minor
and major conditional use permits and to hear administrative
appeals.
4.4 Growth Management Division staff member(s) responsible for
preparing the staff report on the discretionary permit or
administrative appeal application to be reviewed and approved
under paragraph 4.3. will attend the appropriate City Planning
Commission meetings and present the staff report and
recommendations.
4
.... :...--...
MAR-29-00 WED 16:21 GR0WTH MGT. DIV.
305 289 2854
P.09
5. Processing of Permit Applications.
5.1 The County will process and review all as of right and discretionary
permit applications (including those pending prior to February 24,
2000) as provided for in paragraphs 3 and 4 above in accordance
with current practices in unincorporated Monroe County and the
City Code. This shall include the preparation of all required staff
reports, advertising and posting of required notices (including the
City Planning Commission agenda/meeting notices). issuance of all
required permits, completion of all required inspections, and the
issuance of applicable Certificates of Occupancy upon completion
of final inspections.
6. Code Enforcement.
6.1 The County will provide code enforcement services to the City with
the primary focus of this service on construction activities
undertaken in violation of Chapters 6 and 9.5 of the City Code that
involve life. safety and public health concerns. Services provided
shall include, but are not limited to the issuance of notices of
violation. stop work orders, citations, fines, the processing of cases
through the County Code Enforcement Special Master, Contractors
Examining Board. and the County Court system. All code
enforcement cases initiated by the County pursuant to this
Agreement shall be in the name of the City.
5
'I""',.:'...............
. MAR-29-ee WED 16:22 GReWTH MGT. DIY.
3135 289 2854
P. 113
6.2 Upon the imposition of a fine and lien the County shall record, on
behalf of the City, a certified copy of the lien in the public records of
Monroe County. All fines paid as a result of Code Enforcement
activities initiated within the City pursuant to this Agreement shall
be paid to the City. All liens imposed, as a result of Code
Enforcement activities initiated within the City pursuant to this
Agreement shall run in favor of the City. In accordance with
Section 162.09. the City may reduce or satisfy a fine or lien that has
been imposed by the Code Enforcement Special Master, the
Contractors Examining Board, or County Court.
6.3 Subject to any "amnesty" ordinance or any ordinance or resolution
holding in abeyance the enforcement of the vacation rental
regulations! the City may enact, the County will proceed to bring
into compliance with the City Code all code enforcement cases
initiated by the County prior to February 24,2000.
6.4 The City shall reimburse the County for the actual cost of the
services rendered by the County Code Enforcement Special Master
to the City pursuant to this Agreement.
7. Impact Fees.
7.1 The County shall place into reserve accounts all impact fees
collected for permits issued within the City. until further agreement
is reached between the parties on the disposition of these fees and
6
. MAR-29-00 WED 16:22 GR0WTH MGT. DIV.
305 289 2854
P. 11
assignation of responsibilities for the infrastructure facilities funded
by the subject fees.
8. Interpretation of the Monroe County Code and the Monroe Coun~
Comprehensive Plan.
8.1 The County Planning Director shall have complete authority to
interpret the City Code and the City Comprehensive Plan. The
Building Official shall have complete authority for interpretation of
Chapter 6 of the City Code. Additionally, the County Director of
Environmental Resources, or designee, shall have complete
authority as the County Biologist under the City Code within the
City during the term of this Agreement. Any administrative appeal
of any decision or interpretation of the City Code rendered on
behalf of the City by the County in the performance of its
obligations pursuant to this Agreement shall be before the City
Planning Commission in accordance with the applicable provisions
of the City Code. All appeals of any decision of the City Planning
Commission shall be processed and heard in accordance with the
procedures set forth in the Hearing Officer Appellate Article of the
City Code (Sections 9.5-535 through 9.5-542).
8.2 The City shall reimburse the County for the actual cost of the
services rendered by the County Appellate Hearing Officer to the
City purslJant to this Agreement.
7
MAR-29-00 WED 16:23 GR0WTH MGT. DIV.
305 289 2854
P.12
9. Fees.
9.1 The City and County agree that the County will charge application
fees for building, environmental and planning services as
established by the City Code (and applicable City and County
Resolutions) for all permit applications submitted for property within
the City pursuant to this Agreement. Except as provided below,
these fees, plus any other applicable fees collected by any other
County department during the term of this Agreement for the
provision of specified services listed herein, shall be retained by the
County as compensation for services rendered to the City pursuant
to this A~lreement. Due to the additional expenses involved to
process these discretionary permits through a separate hearing
body not covered by the standard application fees, the City and
County additionally agree that every permit application for a
discretionary permit under paragraph 4 will be charged a surcharge
fee of $100. The County shall place into reserve accounts all
surcharge fees collected for discretionary permits issued within the
City, until further agreement is reached between the parties on the
disposition of these surcharge fees-
10. Pending Residential Development Dwelling Unit Allocati<?n Awards.
11.1 The County will process and issue building permits for each of the
Residential Dwelling Unit Allocation Awards approved by the City
Planning Commission on March 2, 2000. The issuance of such
8
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, MAR-29-00 WED 16:24 GR0WTH MGT. DIV.
305 289 2854
P.13
building permits is contingent upon each application meeting all of
the requirements of the City Code, including the assignment of a
nutrient cn~dit and approval by the City Council of any required
warranty deed or restrictive covenant. All warranty deeds and
restrictive c;ovenants shall run in favor of the City.
12. Activity Reports~
12.1 The County will provide the City with a bi-monthly activity report of
all service~i provided to the City pursuant to this Agreement.
13_ Access to County Records.
13.1 The City and County will cooperate in the development of a
mutually acceptable computer format that will enable the City to
access all official County building permit, planning, and code
enforcemEmt records pertaining to property within the City within
one year of the effective date of this Agreement.
14. Termination
14.1 This Agreement will expire on September 30, 2000 (the
"Termination Date"), unless earlier terminated or extended in
accordance with paragraphs 14.2 or 14.3 below.
14.2 The City or County may terminate this Agreement in whole or part
prior to the Termination Date by giving the other party thirty (30)
days written notice of such termination Upon receipt of such
notice. the parties shal\ immediately meet to negotiate and finalize
9
. MAR-29-00 WED 16:24 GR0WTH MGT. DIV.
305 289 2854
P. 14
the terms and conditions of the smooth transfer of permitting
functions, records, and appropriate fees.
14.3 Should the City wish to continue to utilize the County's building,
code enforcement and planning services, in whole or in part. after
the Termination Date. the City will notify the County in writing of its
intention as soon as practical. but no later than July 31, 2000.
Upon receipt of such notice, the parties shall immediately meet to
negotiate and finalize the terms and conditions of such extension.
14.4 Any terms or conditions of this Agreement or any subsequent
extension or amendment to this Agreement that require acts
beyond the date of the term of the Agreement, shall survive the
termination of this Agreement, shall remain in full force and effect
unless and until the terms or conditions are completed, and shall be
fully enforceable by either party.
15. Notices
15.1 All notices hereunder must be in writing and shall be deemed
validly given if sent by certified mail, return receipt requested, hand
delivered, or overnight delivery addressed as follows (or any other
address that the party to be notified may have designated to the
sender by the like notice):
The County:
Mr. James Roberts
County Administrator
Monroe County
Public Service Building, Wing \I
5100 College Road, Stock Island
Key West, Florida 33040
10
MAR-29-00 WED 16:25 GR0WTH MGT. DIV.
305 289 2854
P.15
A copy to:
James Hendrick. Esq.
County Attorney
310 Fleming Street
Key West, Florida 33040
City:
Mr. Robert "Bob" Miller
Mayor
City of Marathon
P,O. Box 500430
Marathon, Florida 33050
A copy to:
Nina L. Boniske, Esq.
John R. Herin, Jr., Esq.
City Attorney
City of Marathon
Weiss, Serota. Helfman, Pastoriza & Guedes.
P.A.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
15.2 Unless otherwise required by law, any notice sent hereunder shall
(subject to proof of receipt or refusal of same) be deemed to have
been delivered on the same day if hand-delivered, on the next
business day if sent by overnight courier, or on the day of receipt of
refusal. if sent by certified or registered mail.
16. Amendments.
16.1 This Agreement may be modified only by an agreement in writing
authorized by the City Council and the Board of County
Commissioners. of Monroe County.
17. Indemnification.
17 .1 To the extent allowed by law, each party hereto shall indemnify and
save harmless the other from any and all claims, liability. losses,
11
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305 289 2854
P.16
and causes of action which may arise out of the other's actions in
fulfillment of this Agreement.
18. Law.
18.1 This Agrel~ment shall be construed in accordance with the laws of
the State of Florida. The venue for any lawsuit arising out of this
Agreement shall be Middle Keys Division, Monroe County, Florida.
19. Severability.
19.1 Should any provision, paragraph, sentence, word, or phrase
contained in this Agreement be determined by a court of competent
jurisdiction to be invalid. illegal, or otherwise unenforceable under
the laws of the State of Florida, such provision, paragraph,
sentence, word, or phrase shall be deemed modified to the extent
necessary in order to conform with such laws, then shall be
deemed severable, and in this Agreement, shall remain unmodified
and in full force and effect.
20. Remedies.
20.1 If and when any default of this Agreement occurs, the non-
defaulting party may avail itself of any legal or equitable remedies
that may apply, including, but not limited to, actual damages and
specific performance.
20.2 Such remedies may be exercised in the sole discretion of the non-
defaulting party.
12
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305 289 2854
P. 17
20.3 Nothing contained in this Agreement shall limit either party from
pursuing any legal or equitable remedies that may apply.
21. Non-Waiver
21.1 No waiver by the City or the County of any provision hereof shall be
deemed to have been made unless expressed in writing and signed
by such party.
21.2 No delay or omission in the exercise of any right or remedy
accruing to the City or County upon any breach under this
Agreement shall impair such right to remedy or be construed as 3
waiver of any such breach.
21.3 No waiver of any covenant or condition or of the breach of any
covenant or condition of this Agreement shall constitute a waiver of
any subsoquent breach of such covenant or condition, or justify or
authorize the nonobservance on any other occasion of the same or of
any other covenant or condition of this Agreement.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
13
. MAR-29-00 WED 16:26 GR0WTH MGT. DIV.
305 289 2854
P.18
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed on their behalf as to the date first above written.
ATTEST: DANNY L. KOLHAGE,
CLERK
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY I FLORIDA, a political
subdivision of the State of Florida
By:
By:
Mayor/Chairman
Deputy Clerk
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
County Attorney
ATTEST: JOANNE WEBER
CITY OF MARATHON,
FLORIDA. a municipal
corporation of the State of Florida
By:
By:
Robert "Bob" Miller, Mayor
Acting City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
Acting City Attorney
59Z003lagreement&linter1ocal agreement for building.
coda enforcement and planning servIces - final draft
14