TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Interlocal Agreement Between the Cities of Venice, North Port, Sarasota, and Punta Gorda; the Counties of Charlotte, and Sarasota; and the town of Longboat Key for Reciprocal Use of Building Code Department Personnel
Recommended Action
Approve the new interlocal agreement for Building Department services between the cities of Venice, North Port, Sarasota, and Punta Gorda; the counties of Charlotte, and Sarasota; and the town of Longboat Key for reciprocal use of building code department personnel.
City Commission Options
Option 1: Approve the new interlocal agreement for Building Department services between the cities of Venice, North Port, Sarasota, and Punta Gorda; the counties of Charlotte and Sarasota; and the town of Longboat Key for reciprocal use of building code department personnel
• Pros: Regional cooperation enhances capacity to respond to emergencies (e.g., hurricanes), particularly in damage assessments and rebuilding efforts.
• Cons: Interlocal agreements can become bureaucratically complex, with potential disagreements over cost-sharing, service levels, or accountability.
Option 2: Deny the new interlocal agreement for Building Department services between the cities of Venice, North Port, Sarasota, and Punta Gorda; the counties of Charlotte, and Sarasota; and the town of Longboat Key for reciprocal use of building code department personnel.
• Pros: Allows jurisdictions to continue providing services specifically suited to the needs and preferences of their local community and development patterns.
• Cons: Hinders opportunities for coordinated responses to regional challenges such as disaster recovery, labor shortages, or major development projects.
Background Information
The original Interlocal Agreement was entered into by the City of North Port, the City of Venice, and Charlotte County. Under Florida Statutes § 163.01(11), an interlocal agreement, and any subsequent amendments, must be filed with the clerk of the circuit court of each county where a party to the agreement is located, and such filing is a condition of the agreement’s effectiveness. Consistent with that statutory requirement, Section 12 of the original Interlocal Agreement says, “this Agreement shall take effect upon the filing of the fully executed copies with the Clerk of the Circuit Court of Sarasota and Charlotte County”. The original Interlocal Agreement was recorded in Sarasota County on October 3, 2008, but was never filed in Charlotte County.
In 2009, an Addendum to the original Interlocal Agreement was executed to add Sarasota County as a party. While this Addendum was filed in Sarasota County, it was never filed in Charlotte County, in violation of the same statutory and contractual requirements noted above. Additionally, two other addendums to the original Interlocal Agreement were drafted but were never fully executed.
Upon receiving notification to add the Town of Longboat Key to the Interlocal Agreement, a legal request was submitted to the City Attorney’s Office. In turn the City Attorney’s office requested that Charlotte County record the original Interlocal Agreement and the fully executed Addendum to proceed and cure the outstanding issue. Instead, Charlotte County provided the attached revised Interlocal Agreement and asked all parties to execute a new Interlocal Agreement.
Strategic Plan Pillar
Safe Community
Financial Impact
Not applicable
Procurement
Not applicable
Attachments:
1. Interlocal Agreement
Prepared by: Katrina Romano, Business Operations Manager, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department