Item H2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16,2008
Division: Growth Management
Bulk Item: Yes X
No
Department:
Staff Contact Person: Andrew O. Trivette
AGENDA ITEM WORDING: Approval of a resolution to extend the authority of the Growth
Management Director to toll time limit requirements for obtaining a building permit or required permit
inspections for properties adversely impacted by the Court ordered injunction on the issuance of new
flood insurance policies under the National Flood Insurance Program pending resolution of the
injunction.
ITEM BACKGROUND: On November 16, 2005, the Board passed Resolution 420-2005 granting
authority to the Growth Management Division Director to toll the time limits on the expiration of
ROGO allocation awards and building permits for those properties affected by the injunction, where
the applicant or permit holder can provide written proof of the denial of either flood insurance or
financing due to the inability to obtain flood insurance. This authority was extended by Resolutions
166-2006 & 185-2007. All of these resolutions stipulated as a condition approval that the holder of the
ROGO allocation award or building permit provide written proof to the Building Department of the
denial of either an application for flood insurance or denial of financing by a lender. This requirement
was too burdensome on our applicants and we now request that the requirement be relaxed pursuant to
Board direction at its June 18t\ 2008 meeting.
PREVIOUS RELEVANT BOCC ACTION:
BOCC meeting on November 16, 2005 BDardapproved Resolution 420-2005
BOCC meeting April 19, 2006 Board approved Resolution 166-2006
BOCC meeting May 16, 2007 Board approved Resolution 185-2007
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ---L OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Roman Gastesi, County Administrator
From: Andrew O. Trivette, Growth Management Division Director
Date: June 30, 2008
RE: Tolling of Building Permit Applications
The intention of this memo is to provide additional information regarding the Division's
request to modify the submission requirements for the request to toll building permit
applications subject to the federal flood insurance injunction.
The BOCC granted the Growth Management Division Director the authority to toll the
acceptance deadlines for building permits for property owners whose property is subject
to the federal flood insurance injunction. This authority was first granted by Resolution
420-2005 and extended by Resolutions 166-2006 & 185-2007. All of these resolutions
stipulated as a condition of approval:
2) The holder of the ROGO allocation award or building permit provides
written proof to the Building Department of the denial of either an
application for jlood insurance for the subject property or denial of
financing by a lender due to the inability to obtainjlood insurance.
This requirement has proven too onerous on our applicants and we now request that the
requirement be relaxed to a simple written letter of request from the property owner.
At the regularly scheduled meeting of the BOCC on June 18, 2008 the Growth
Management Division Director was granted the temporary authority to waive this
requirement until the July 16, 2008 meeting of the BOCC. This time period has allowed
the Division to accept two such requests without incident and we now request a formal
amendment to the process.
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RESOLUTION -2008
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AMENDING RESOLUTION 185-2007
RENEWING THE AUTHORITY OF THE GROWTH
MANAGEMENT DIVISION DIRECTOR TO TOLL
THE TIME LIMIT REQUIREMENTS FOR
OBT AINING A BUILDING PERMIT OR REQUIRED
PERMIT INSPECTIONS FOR PROPERTIES
ADVERSEL Y IMPACTED BY THE COURT
ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE
POLICIES UNDER THE NATIONAL FLOOD
INSURANCE PROGRAM PENDING RESOLUTION
OF THE INJUNCTION; MODIFYING THE
REQUEST CRITERIA.
WHEREAS, the U.S. District Court for the Southern District of Florida entered a
permanent injunction preventing the Federal Emergency Management Agency ("FEMA")
from issuing flood insurance policies for residential and commercial development
commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service
has demonstrated compliance with that Court's prior order of March 20, 2005 (the
"FEMA Injunction"); and
WHEREAS, the Board of County Commissioners of Monroe County, Florida
makes the following findings of fact:
1. The U.S. District Court Orders referenced above have imposed severe
limitations on new construction for all but the most wealthy property owners in the
affected areas.
2. The Growth Management Division staff estimates that over 60 percent of the
applicants recently receiving ROGO allocation awards are adversely affected by the
injunction.
3. Section 9.5-122.1(t), Monroe County Code provides that a ROGO allocation
award and corresponding building permit expires after sixty (60) days. from the date of
the mailing of the notice of the allocation award unless it is picked up.
4. The Florida Building Code and Section 6-20, Monroe County Code provides
that permits shall become null and void unless work authorized by the permit is
commenced within 180 days and, once commenced, required inspections are conducted
within 180 days from the last required inspection.
Page I of3
5. An unknown number of these applicants receiving a ROGO allocation award
or permit holders may be financially unable to proceed with the financing and
construction of their homes without federally backed flood insurance.
6. It is uncertain how long the Court ordered injunction on issuance of flood
insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes.
7. At the Board of County Commissioners' October 19, 2005, regularly
scheduled meeting, the Growth Management Division staff received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
permit time limits for those applicants with ROGO allocation awards and other permit
holders who are unable to proceed with the financing and construction of their residential
projects.
8. At the Board of County Commissioners' November 16, 2005 scheduled
meeting, the Board passed Resolution No. 420-2005, directing the Growth Management
Director to toll time limit requirements for obtaining a building permit or permit
inspections for properties adversely impacted by the court ordered permanent injunction
on the issuance of new flood insurance policies under the National Flood Insurance
Program pending resolution of same or 180 days whichever comes first. This resolution
was extended by Resolution 166-2006 by the BOCC on April 19, 2006 and again by
Resolution 185-2007 on May 16, 2007.
9. The Growth Management Division staff has prepared this resolution to renew
the authority for the Growth Management Director to begin tolling of time limit
requirements for building permits and permit inspections following a written request
from the property owner, until termination of the injunction.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
and directed to toll the time limits of Section 9.5-122.1(t) and Section 6-20, Monroe
County Code for any applicant receiving a RaGa allocation award or building permit
that meets the following criteria:
1) The property, which is the subject of the ROGO allocation award or
building permit, is on the list of parcels subject to the Court ordered
injunction for new flood insurance; and
2) The holder of the ROGO allocation award or building permit provides a
written request to the Building Department for the tolling of an application
based on the property being subject to the federal flood insurance
injunction (subject to staff verification).
Page 2 of3
Section 2. The applicable ROGO allocation award or building permit that meets the
criteria in Section 1 above will be tolled by the Growth Management Division Director
for an additional 180 days after expiration of Resolution No. 420-2005 or until the FEMA
Injunction is stayed or lifted, whichever comes first.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regularly scheduled meeting of said Board held on the 16th day of July, 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Dixie Spehar
Commissioner George Nugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor Mario DiGennaro
Page 3 of3
~
RESOLUTION NO. 185 - 2007
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AMENDING RESOLUTION NO. 410-1005 TO ALLOW THE
GROWTH MANAGEMENT DIVISION DIRECTOR TO CONTINUE TO TOLL
THE TIME LIMIT REQUIREMENTS FOR OBTAINING A BUILDING PERMIT
OR REQUIRED PERMIT INSPECTIONS FOR PROPERTIES ADVERSEL Y
IMPACTED BY THE COURT ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE POLICIES UNDER THE NATIONAL
FLOOD INSURANCE PROGRAM UNTIL THE INJUNCTION IS STAYED OR
LIFTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the U. S. District Court for the Southern District of Florida entered a permanent
injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing flood insurance
policies for residential and commercial development commenced after September 9, 2005, until such lime
as U. S. Fish and Wildlife Service has demonstrated compliance with that Court's order of March 20,
2005; and
WHEREAS, Section 9.5-122. I (g), Monroe County Code dictates that the ROGO allocation award
and corresponding building permit expire within sixty (60) days of notification from the date of the mailing
of the allocation award; and
WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code provides that
permits shall become null and void unless work authorized by the permit is commenced within 180 days or
required inspections are conducted within 180 days from the last required inspection; and
WHEREAS, an unknown number of applicants receiving a ROGO allocation award or permit
holders may be financially unable to proceed with the financing and construction of their homes without
federally backed flood insurance; and
WHEREAS, on the 16th day of November, 2005, the Board of County Commissioners approved
Resolution No. 420-2005 which states:
Section 1. The Growth Management Director or his designee is
authorized to toll the time limits of Section 9.5-122.1(g) and Section 6-
20, Monroe County Code for any applicant receiving a ROGO
allocation award or building permit holder that meets the following
criteria:
1). The property, which is the subject of the ROGO allocation
award or building permit, is on the list of parcels subject to the Court
ordered injunction for new flood insurance; and
2) The holder of the ROGO allocation award of building permit
shall provide written proof to the Building DefXlrtment of the denial of
either an application for flood insurance for the subject property or
denial of financing by a lender due to the inability to obtain flood
insurance.
"r
"Section 2. The applicable ROOO allocation award of building permit meets
all the criteria in Section J above may be tolled for a maximum of 180 days or
until the injunction is stayed or lifted, whichever comes first. "
WHEREAS, the permanent injunction preventing the Federal Emergency Management Agency
("FEMA") from issuing flood insurance policies for residential and commercial development commenced
after September 9, 2005, has not yet been lifted; and
WHEREAS, it is still necessary to toll the time limits of Section 9.5-122. 1 (g) and Section 6-20,
Monroe County Code for any applicant receiving a ROGO allocation award or building permit holder that
meets the criteria set forth in Section 1. of Resolution No. 420-2005 until the injunction has been lifted;
NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
I. That Section 2. be amended to read:
Section 2. The applicable ROGO allocation award or building permit that
meets aU criteria in Section 1 above may be tolled until the injunction is stayed
or lifted.
2. This Resolution shall be effective retroactive to May 15, 2006 and will remain
in effect until the injunction is stayed or lifted.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regularly scheduled meeting of said Board held on the 16th day of May, 2007.
Mayor Mario DiGennaro ~
Mayor Pro Tem Dixie Spehar Absent
Commjssioner George Neugent Yes
Commissioner Charles "Sonny" McCoy Yes
Commjssioner Sylvia Murphy Yes
(SEAL)
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BOARD OF COUNTY COMMISSI6NERS -..I
OF MONROE COUNTY, FLORIDA
By: ~i~~non
MONROE COUNTY ATTORNEY
APPR~D A 'TO F.ORM:
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SUSAN M. GRIMSLEY
ASSISTANT 6~ NTY ATTORNEY
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RESOLUTION 166 -2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA EXTENDING THE AUTHORITY OF THE
GROWTH MANAGEMENT DIVISION DIRECTOR
TO TOLL THE TIME LIMIT REQUIREMENTS FOR
OBTAINING A BUILDING PERMIT OR REQUIRED
PERMIT INSPECTIONS FOR PROPERTIES
ADVERSEL Y IMPACTED BY THE COURT
ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE
POLICIES UNDER THE NATIONAL FLOOD
INSURANCE PROGRAM PENDING RESOLUTION
OF SAME, OR 180 DAYS FROM MAY 15, 2006,
WHICHEVER FIRST OCCURS; DIRECTING THE
PLANNING DIRECTOR TO FORWARD A COpy OF
THIS RESOLUTION TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the U.S. District Court for the Southern District of Florida entered a
permanent injunction preventing the Federal Emergency Management Agency ("FEMA")
from issuing flood insurance policies for residential and commercial development
commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service
has demonstrated compliance with that Court's prior order of March 20, 2005 (the
"FEMA Injunction"); and
WHEREAS, the Board of County Commissioners of Monroe County, Florida
makes the following findings of fact:
1. The U.S. District Court Orders referenced above have imposed severe
limitations on new construction for all but the most wealthy property owners in the
affected areas.
2. The Growth Management Division staff estimates that over 60 percent of the
applicants recently receiving RaGa allocation awards are adversely affected by the
injunction.
3. Section 9.S-122.I(g), Monroe County Code provides that a ROGO allocation
award and corresponding building permit expires after sixty (60) days from the date of
the mailing of the notice of the allocation award unless it is picked up.
Page I of3
."
4. The Florida Building Code and Section 6-20, Monroe County Code provides
that permits shall become null and void unless work authorized by the permit is
commenced within ISO days and, once commenced, required inspections are conducted
within ISO days from the last required inspection.
5. An unknown number of these applicants receiving a ROGO allocation award
or permit holders may be financially unable to proceed with the financing and
construction of their homes without federally backed flood insurance.
6. It is uncertain how long the Court ordered injunction on issuance of flood
insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes.
7. At the Board of County Commissioners' October 19, 2005, regularly
scheduled meeting, the Growth Management Division staff received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
permit time limits for those applicants with ROGO allocation awards and other permit
holders who are unable to proceed with the financing and construction of their residential
projects.
8. At the Board of County Commissioners' November 16, 2005 scheduled
meeting, the Board passed Resolution No. 420-2005, directing the Growth Management
Director to toll time limit requirements for obtaining a building permit or permit
inspections for properties adversely impacted by the court ordered permanent injunction
on the issuance of new flood insurance policies under the National Flood Insurance
Program pending resolution of same or 180 days whichever comes first.
9. Resolution of the Court Case is not foreseeable by May 15, 2006, which is the
date of expiration for Resolution No. 420-2005.
10. The Growth Management Division staff has prepared this resolution to extend
the toll of time limit requirements for building permits and permit inspections for an
additional ISO days after May 15,2006.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
and directed to toll the time limits of Section 9.5-122.1(g) and Section 6-20, Monroe
County Code for any applicant receiving a ROGO allocation award or building permit
that meets the following criteria:
1) The property, which is the subject of the ROGO allocation award or
building permit, is on the list of parcels subject to the Court ordered
injunction for new flood insurance; and
Page 2 of3
2)
The holder of the ROGO allocation award or building permit provides
written proof to the Building Department of the denial of either an
application for flood insurance for the subject property or denial of
financing by a lender due to the inability to obtain flood insurance.
Section 2. The applicable RaGa allocation award or building permit that meets the
criteria in Section 1 above will be tolled by the Growth Management Division Director
for an additional 180 days after expiration of Resolution No. 420-2005 or until the FEMA
Injunction is stayed or lifted, whichever comes first.
Section 3. This resolution shall be transmitted by the Director of Planning and
Environmental Resources Department to the Florida Department of Community Affairs
to determine the consistency of this ordinance with Chapter 380 of the Florida Statutes.
Section 4. This resolution shall be filed in the Office of the Secretary of State of the
state of Florida, but shall not become effective until approved by the Department of
Community Affairs or Administrative Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regularly scheduled meeting of said Board held on the 19th day of April,
2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner Dixie Spehar
Commissioner George Nugent
Commissioner David Rice
Yes
Vacant
Yes
Yes
Yes
Y L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
:: MONROE CoqJ(Y> FLORIDA
Mayor/Chairperson
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RESOLUTION 420 -2005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE GROWTH
MANAGEMENT DIVISION DIRECTOR TO TOLL
THE TIME LIMIT REQUIREMENTS FOR
OBTAINING A BUILDING PERMIT OR REQUIRED
PERMIT INSPECTIONS FOR PROPERTIES
ADVERSEL Y IMPACTED BY THE COURT
ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE
POLICIES UNDER THE NATIONAL FLOOD
INSURANCE PROGRAM PENDING RESOLUTION
OF SAME, OR 180 DAYS, WHICHEVER FIRST
OCCURS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
DIRECTING THE PLANNING DIRECTOR TO
FORWARD A CERTIFIED COpy OF THIS
RESOLUTION TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the U.S. District Court for the Southern District of Florida entered a
permanent injunction preventing the Federal Emergency Management Agency ("FEMA")
from issuing flood insurance policies for residential and commercial development
commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service
has demonstrated compliance with that Court's order of March 20,2005; and
WHEREAS, the Court's Orders have imposed severe limitations on new
construction for all but the most wealthy property owners in the affected areas; and
WHEREAS, the Growth Management Division staff estimates that over 60
percent of the applicants recently receiving ROGO allocation awards are adversely
affected by the injunction; and
WHEREAS, Section 9.S-122.l(g), Monroe County Code dictates that the ROGO
allocation award and corresponding building permit expire within sixty (60) days of
notification from the date of the mailing of the allocation award; and
WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code
provides that permits shall become null and void unless work authorized by the permit is
Page I of3
/
commenced within 180 days or required inspections are conducted within 180 days from
the last required inspection; and
WHEREAS, an unknown number of these applicants recelvmg a ROGO
allocation award or permit holders may be financially unable to proceed with the
financing and construction of their homes without federally backed flood insurance; and
WHEREAS, it is uncertain how long the Court ordered injunction on issuance of
flood insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes; and
WHEREAS, at the Board of County Commissioners' October 19, 2005, regularly
scheduled meeting, the Growth Management Division staff received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
permit time limits for those applicants with ROGO allocation awards and other permit
holders who are unable to proceed with the financing and construction of their residential
projects; and
WHEREAS, the Growth Management Division staffhas prepared this resolution
based on the direction provided by the Board of County Commissioners.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
to toll the time limits of Section 9.5-I22.1(g) and Section 6-20, Monroe County Code for
any applicant receiving a ROGO allocation award or building permit holder that meets
the following criteria:
1) The property, which is the subject of the ROGO allocation award or
building permit, is on the list of parcels subject to the Court ordered
injunction for new flood insurance; and
2) The holder of the ROGO allocation award or building permit shall provide
written proof to the Building Department of the denial of either an
application for flood insurance for the subject property or denial of
financing by a lender due to the inability to obtain flood insurance.
Section 2. The applicable ROGO allocation award or building permit that meets all
the criteria in Section 1 above may be tolled for a maximum of 180 days or until the
injunction is stayed or lifted, whichever comes first.
Page 2 of3
Section 3. This resolution shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with Chapter 380 of the Florida Statutes.
Section 4. This resolution shall be filed in the Office of the Secretary of State of the
state of Florida, but shall not become effective until approved by the Department of
Community Affairs or Administrative Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regularly scheduled meeting of said Board held on the 16th day of November,
2005.
Mayor Charles "Sonny McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Nugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~.J.Q.... ~)h~ By
Deputy Clerk
MaYOr~erson
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