Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

regarding REGISTRATION, LICENSING AND DISCIPLINE OF REGISTERED CONTRACTORS THIS AGREEMENT, is made and entered into this day of October, 2009, by and between the City of Fort Walton Beach, a Florida municipal corporation, ( "City "), whose mailing address is 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548 and Okaloosa County, a political subdivision of the State of Florida ( "County "), whose mailing address is 1804 Lewis Turner Boulevard, Suite 400, Ft. Walton Beach, Florida 32547. 1. INTENT This Interlocal Agreement provides for a centralized uniform system for the local registration, licensing and discipline of registered contractors, and a listing of state certified contractors operating in unincorporated areas of the County of Okaloosa and the City of Fort Walton Beach, pursuant to parts I -II, chapter 489, of the Florida Statutes. 2. DURATION AND MODIFICATIONS This Interlocal Agreement shall become effective upon being filed with the Clerk of the Circuit Court of Okaloosa County, Florida. The City or County may terminate this Agreement upon 30days written notice delivered to the other party. This Interlocal Agreement may be amended by mutual written agreement of the parties. Any amendments to the Interlocal Agreement shall be effective upon being filed with the Clerk of the Circuit Court of Okaloosa County, Florida. 3. DUTIES A. County shall maintain a Construction Board in accordance with chapter 489, Florida Statutes, for the regulation of local registered contractors. The County board shall act for both parties as the licensing and disciplinary authority for registered contractors. . B. County shall, in accordance with state law and County ordinances, review the qualifications of registered contractors desiring to provide services with the City. When appropriate, the County will issue a Certificate of Competency to the registered contractor. C. City will recognize the list of qualified registered and state certified contractors maintained exclusively by the County. D. County shall process complaints regarding contractors regulated by the County program and County ordinances. 165- E. The City, upon request from the County, will provide written reports and support at disciplinary hearings. F. The City oLnd County shall mutually cooperate in carrying out the functions contemplated by this agreement. G. The City and County shall renegotiate the terms of this interlocal agreement in the event the County utilizes the services of special magistrates to process complaints in disciplinary proceedings. H. County, upon written request by the City, will provide City with regular reports containing information regarding contractors who have been disciplined. . 4. NOTICES Any notice or document required to be delivered under this agreement shall be in writing and deemed received by the other party five business days after the date mailed, and must be addressed to the County or the City, at the addresses below: AS TO CTTY OF FORT WALTON BEACH: City Manager City of Fort Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach, Florida 32548 AS TO COUNTY: County Administrator Okaloosa County 1804 Lewis Turner Boulevard, Suite 400 Fort Walton Beach, Florida 32547 5. DISPUTE RESOLUTION Any dispwte as to the terms of this Interlocal Agreement shall be resolved by the Chief Building Officials of the City and County. 6. LIABILITIES Each party, including its agents, board members, and employees, shall be solely responsible for its performances under this Interlocal Agreement, and no liability shall inure to the other party from such performance or lack of performance. This provision shall not be construed as any waiver of sovereign immunity by either party. No private cause of action shall arise based on the performance of each party' s duties under this agreement. 7. RECORDING The Countty Administrator of Okaloosa County is hereby authorized and directed after approval of the Interlocal Agreement by the respective governing bodies of County and City and the execution thereof by the duly qualified and authorized officers of each 166- of the parties hereto, to file this Interlocal Agreement with the Clerk of the Circuit Court of Okaloosa County, Florida, for recording in the public records of Okaloosa County, Florida. IN WITNESS WHEREOF, the parties, by and through the undersigned, have entered into the Interlocal Agreement on the date and year written above. THE CITY OF FORT WALTON BEACH M ATTEST: MICHAEL ANDERSON, MAYOR CITY CLERK THE COUNTY OF OKALOOSA WILLIAM ROBERTS, CHAIRMAN ATTEST: CLERK OF CIRCUIT COURT 167-  Page 1 of 2 Tim Bolduc From: Toni Craig [ toni @tonicraig. info) Sent: Monday, September 28, 2009 12 :14 PM To: Tim Bolduc Subject: RE: Interlocal. For construction board Tim I have reviewed all versions of the draft interlocal. Again, I do not believe that this agreement is legally necessary; however, attached my red -lined and clean versions. The " cln" version is sufficient for the purpose intended. Thank you. Please note the new email address. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www. tonLicra ig, info From: Tim Bolduc [ mailto: tbolduc@fwb. org] Sent: Thursday, September 24, 2009 12: 53 PM To: Toni Craig Subject: FW: Interlocal. For construction board Tim Bolduc Building Official City of Fort Walton Beach 850 -833 -9605 Original Message---- - From: Tim Bolduc Sent: Thursday, September 17, 2009 1: 56 PM To: Michael Beedie Subject: Interlocal. For construction board Michael please review this so that I can get the attorney and county to approve it. It needs to go to council with the changes to the code of ord. I'm working on. Tim Bolduc. Building Official. City of Fort Walton Beach Sent from my BlackBerry From: " Barry Henderson" Date: Thu, 17 Sep 2009 13: 50: 03 - 0500 To: Tim Bolduc-lltbolduc(tfwb.org> Subject: Please Note: Florida has a, very broad public records law. Most written communications to or from City 10/ 5/ 2009 - 168-  Page 2 of 2 of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e -mail. No virus found in this incoming message. Checked by AVG - www.avg. com Version: 8. 5. 409 / Virus Database: 270. 13. 112/ 2391 - Release Date: 09/ 24/ 09 05: 52: 00 10/ 5/ 2009 - 169-  City Council Regular Meeting October 13, 2009 This page is left intentionally blank 170-  CITY COUNCIL MEETING October 13, 2009 Discussion - Direction - Action Action: Code Enforcement settlement at 110 Moriarty Street NW. Synopsis: Property owner has recently moved back into this property and would like to settle the code fines with a S, 000 payment of $ Agenda Item Number: 9. 10  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, Building Official Through: Michael D. Beedie, P. E., City Engineer Date: September 29, 2009 Subject: Settlement Agreement for 110 Moriarty Street NW Code Enforcement Fines ( Code Enforcement Case No. 05 -506 & 05 -712) 1. BACKGROUND: 1. 1 From 1998 through 2009, the property at 110 Moriarty Street NW has had seven code violations with three of the cases resulting in either, fines, administration fees, or both. The initial case was assigned Code Enforcement Case No. 01 - 1362. 1. 1. 1 On April 28, 2005, the property was found in violation of multiple building and city code requirements and assigned Code Enforcement Case No. 05 -506. 1. 1. 1. 1 The violations were heard before the Code Enforcement Board on August 10, 2005, and October 12, 2005. As a result of the October 12th meeting, the administrative fee was assessed and fines began on the property until compliance. 1. 1. 1. 2 Regular inspections occurred on the property until January 8, 2009, when the property was found in compliance for the violations associated with this case. 1. 1. 2 On June 29, 2005, the property was found to have violations not listed in the previous violation. The ensuing code case was assigned Code Enforcement Case No. 05 -712. 1. 1. 2. 1 The new violations were heard before the Code Enforcement Board on August 10, 2005, and September 14, 2005. As a result of 14th the September meeting, the administrative fee was assessed and fines began on the property until compliance. 1. 1. 2. 2 Regular inspections occurred on the property until January 8, 2009, when the property was brought into compliance for the violations associated with this case. 171-  1. 1. 3 On ' September 18, 2008, a Notice of Lis Pendens was filed against the property owner for the fees and fines accrued on the property. 1. 1. 4 As of August 4, 2009, the fees and fines on the property exceeded 6001000. 00. 1. 1. 5 On July 14, 2009, Mr. Thomas Scott, the property owner, submitted a letter to Mr. Joseph Lorenz, the City' s attorney in the matter, requesting to settle the foreclosure case for $ 5, 000. 00 and bring the property into compliance with all violations listed in the abovementioned code enforcement cases as well as correction of an unsafe structure on the property. 1. 1. 6 Through an e -mail received on August 28, 2009, Attorney Lorenz informed staff the he was in receipt of a cashier' s check for