Ordinance 036-2010ORDINANCE NO 036 - 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING TABLE 4.1 FIVE-
YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; DIRECTING THE
DIRECTOR OF PLANNING TO FORWARD A COPY TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR FILING WITH THE SECRETARY OF
STATE; PROVIDING FOR INCORPORATION INTO THE
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS: The Monroe County Board of County Commissioners makes the following
Findings:
1. Pursuant to Chapter 163.3177 (3)(a)6.(b)I F.S., the capital improvements
element shall be reviewed on an annual basis and modified as necessary in
order to maintain a financially feasible five (5) - year schedule of capital
improvements; and
2. Pursuant to Chapter 163.3177 (3)(a)6.(b)l F.S., an amendment to the
comprehensive plan is required to update the schedule on an annual basis or to
eliminate, defer, or delay the construction for any facility listed in the five (5) -
year schedule; and
3. Pursuant to Chapter 163.3177 (3)(a)6.(b)l F.S., a local government may not
amend its future land use map, except for plan amendments to meet new
requirements under this part and emergency amendments after December 1,
2010, and every year thereafter, unless and until the local government has
adopted the annual update to the Five (5) -Year Schedule of Capital
Improvements and it has been transmitted to the state land planning agency;
and
4. Pursuant to Chapter 163.3177 (3)(a)6.(c) F.S., if the local government does
not adopt the required annual update to the schedule of capital improvements
or the annual update is found not in compliance, the state land planning
agency must notify the Administration Commission that the local government
has a demonstrated lack of commitment to meeting its obligations identified
in the capital improvements element and may be subject to sanctions by the
Administration Commission; and
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5. Pursuant to Chapter 163.3177 (3)(a)6.(b)2 F.S., capital improvements
element amendments adopted after the effective date of this act shall require
only a single public hearing before the governing board which shall be an
adoption hearing; and
6. Pursuant to Chapter 164.3177 (b) 1 F. S., Monroe County Capital
Improvements Plan is not required to be financially feasible until
December 1, 2011.
7. Rule 9J-5 of the Florida Administrative Code requires that the Five (5) - Year
Schedule of Capital Improvements (CIP) be reviewed and updated annually.
8. Objective 1401.1 of the Year 2010 Comprehensive Plan mandates Monroe
County to provide the capital improvements necessary to correct existing
deficiencies, to accommodate projected future growth, and to replace obsolete
and worn-out facilities, in accordance with an adopted Capital Improvements
Program; and
9. Policy 1401.1.1 of the Year 2010 Comprehensive Plan mandates Monroe
County to revise the existing County Capital Improvements Program to
incorporate the improvements identified in the Five -Year Schedule of Capital
Improvements included in Table 4.1 of Capital Improvements
Implementation; and
10. Policy 1401.1.2 mandates Monroe County to annually update the
Comprehensive Plan Five -Year Schedule of Capital Improvements, and
further provides that revisions to the schedule shall be incorporated into the
Capital Improvements Program on an annual basis; and
11. Monitoring and Evaluation Procedures 5.0 (1) and (2) of the Comprehensive
Plan requires that the Five -Year Schedule of Capital Improvements (CIP) be
reviewed and updated annually, in order to allocate financial resources to
implement the Plan; and
12. The amendment furthers Principal (a) of the Principals for Guiding
Development in the Florida Keys Area of Critical State Concern: To
strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives
without the continuation of the area of critical state concern designation; and
13. The amendment furthers Principal (h) of the Principals for Guiding
Development in the Florida Keys Area of Critical State Concern: To protect
the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including: water supply facilities; sewage
collection and disposal facilities; solid waste collection and disposal facilities;
transportation facilities; parks, recreation facilities, and other publicly owned
properties; and
Page 2 of 4
14. Annually updating the Five -Year Schedule of Capital Improvements to
provide and maintain adequate public facilities for transportation, solid waste
removal, sanitary sewers and storm water treatment and, cultural and
recreational facilities protects and promotes the public health, safety, and
welfare of both existing and future citizens of Monroe County.
15. The improvements listed in Table 4.1 Five -Year Schedule of Capital
Improvements further the public health, safety, and welfare of both existing
and future citizens of Monroe County.
16. At a regularly scheduled meeting held on the 16th day of November, 2010,
the Monroe County Planning Commission reviewed this matter and
recommended that the Board of County Commissioners adopt the
amendments to Table 4.1 Five -Year Schedule of Capital Improvements Fiscal
Year 2010 through 2015 of the Year 2010 Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The preceding recitals support the Monroe County Board of County
Commissioners' decision to adopt the following amendments to Table 4.1
Five -Year Schedule of Capital Improvements Fiscal Year 2010 through 2015
of the Year 2010 Comprehensive Plan.
Section 2. The amended Table 4.1 Five -Year Schedule of Capital Improvements Fiscal
Year 2010 through 2015 of the Year 2010 Comprehensive Plan of the Capital
Improvements Implementation Element is hereby adopted and attached hereto
as Exhibit A. Amendments are presented in underline (Exhibit A) to
indicate additions to text and stri ,eth faug (Exhibit Al) to indicate
deletions. All other words, characters, and language of the comprehensive
plan remain unchanged.
Section 3. If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected
by such invalidity.
Section 4. This ordinance shall be transmitted by the Director of Planning to the
Department of Community Affairs pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission finding the
amendment in compliance with Chapter 163, Florida Statutes after applicable
appeal periods have expired.
Page 3 of 4
Section 6. This amendment shall be incorporated into the Monroe County Year 2010
Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 171h day of November, 2010.
Mayor Heather Carruthers Yes
Mayor pro tem David Rice Yes
CommissionerGLJorgiE�: Neugo-!nt Yes
CommissionerSylvia Murphy Yes
CommissionerKim Wigington Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN , FLORIDA
BY
May r HealKhtr. Carruthers
L. KOLHAGE, CLERK
DEPUTY
MONROE COU 4T, TORNEY
APP wED S TO FORM
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
bGOUNrk
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OROF COUNTS •F`•O�O
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
December 13, 2010
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
Via Certified Mail 70101670 0001 0244 7563
Enclosed please find a certified copy of Ordinance No. 036-2010 amending Table 4.1
Five -Year Schedule of Capital Improvements of the Monroe County Year 2010 Comprehensive
Plan; providing for severability; directing the Director of Planning to forward a copy to the
Florida Department of Community Affairs; providing for filing with the Secretary of State;
providing for incorporation into the Comprehensive Plan; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on November 17, 2010. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: County Attorney via e-mail
BOCC via e-mail
File
CHARLIE CRIST
Governor
December 22, 2010
STATE LIBRARY AND ARCHIVES OF FLORIDA
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letters dated December 13, 2010, and certified copy of Monroe County Ordinance No. 036-2010, which
was filed in this office on December 17, 2010.
Sincerely,
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Liz Cloud
_CO^_
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
850.245.6600 • FAX: 850.245.6282 • TDD: 850.922.4085 • http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
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