Item P9 � P.9
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: P.9
Agenda Item Summary #6626
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
No
AGENDA ITEM WORDING: Approval of a resolution amending Resolution No. 378-2019
authorizing the sale of up to eleven (11) vacant County owned lots on Duck Key to reflect the
correct fund designation for monies collected.
ITEM BACKGROUND: On October 16, 2019, the Board adopted Resolution No. 379-2019, a
"Resolution of the Board of County Commissioners of Monroe County, Florida, Authorizing the
County Attorney to Initiate the Statutory Process for Disposing ofEleven (11) Vacant County Owned
Lots on Duck Key Through the Statutory Process Provided that the Lots are Deed-Restricted to
Prohibit the Construction of Principal Residential Structures Thereon as a Part of the County's
Density Reduction Program".
The Resolution provided that any monies collected from the sale of the County Owned Duck Key
lots that were purchased by sealed bid be deposited into the fund used for land acquisitions under the
density reduction program. However, the Resolution incorrectly referenced this fund as being Fund
308, the infrastructure sales surtax fund. The correct fund designation for land acquisition under the
density reduction program is Fund 316.
Accordingly, the Resolution should be amended to direct the deposit of any monies received under
this Resolution into Fund 316, the fund designated for land acquisitions under the density reduction
program.
PREVIOUS RELEVANT BOCC ACTION:
1/22/19 Approval to Accept Bid and Authorize Sale of Duck Key Bid Parcel ID No.00379720-000000
1/22/19 Approval to Accept Bid and Authorize Sale of Duck Key Bid Parcel ID No.00380240-000000
1/22/19 Approval to Accept Bid and Authorize Sale of Duck Key Bid Parcel ID No. 00383270-000000
1/22/19 Approval to Accept Bid and Authorize Sale of Duck Key Bid Parcel ID No.00383390-000000
1/22/19 Approval to Accept Bid and Authorize Sale of Duck Key Bid Parcel ID No.00383780-000000
1/22/19 Approval to Accept Bid and Authorize Sale of Duck Key Bid Parcel ID No.00383850-000000
1/22/19 Approval to Accept Bid and Authorize Sale of Duck Key Bid Parcel ID No.00383860-000000
1/22/19 Approval to Accept Bid and Authorize Sale of Duck Key Bid Parcel ID No.00379820-000000
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P.9
10/16/19 Approval of Resolution 378-2019
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED Resolution amending resolution 378 2019 to correct fund
Resolution 378-2019
FINANCIAL IMPACT:
Effective Date: 03/18/20
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: None
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: Yes If yes, amount: TBD
Grant: No
County Match: No
Insurance Required: No.
Additional Details:
Revenue Generating
REVIEWED BY:
Bob Shillinger Completed 02/24/2020 5:50 PM
Paunece Scull Completed 02/28/2020 3:27 PM
Budget and Finance Completed 03/02/2020 8:24 AM
Maria Slavik Completed 03/02/2020 9:29 AM
Kathy Peters Completed 03/02/2020 10:22 AM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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P.9.ai
RESOLUTION NO. -2020
A RESOLUTION OF THE BOARD OF COUNTY
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COMMISSIONERS OF MONROE COUNTY, FLORIDA, N-
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AMENDING RESOLUTION 378-2019, WHICH AUTHORIZED
THE COUNTY ATTORNEY TO INITATE THE STATUTORY
PROCESS TO DISPOSE OF VACANT COUNTY OWNED y
LOTS ON DUCK KEY, TO REFLECT THE PROPER FUND
DESIGNATION FOR MONIES COLLECTED; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the Board of County Commissioners of Monroe County, Florida
(hereinafter"BOCC") adopted Resolution 378-2019 on October 16, 2019, which authorized the
County Attorney to initiate the statutory process to dispose of vacant County owned lots on Duck
Key with a deed restriction prohibiting the construction of a principal residential structure ; and
WHEREAS,the Resolution directed any monies collected for the sale of said properties
to be deposited into the fund designated for land acquisitions under the density reduction T
program; and
WHEREAS, the Resolution incorrectly designated this "Fund 308," the Infrastructure
Sales Surtax; and
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WHEREAS, the Resolution should be amended to properly designate the fund for land 0
acquisitions under the density reduction program as Fund 316; to wit:
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1. The recitals set forth above are incorporated herein as findings of fact by 0
the Board. 2
Section 2. Section 4 of Resolution 378-2019, is hereby amended to read as follows:
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Any revenue derived from the sale of these lots shall be deposited to Fund
316, the fund used to pay for land acquisitions under the density reduction
program. 0
Section 3. This Resolution shall take effect upon adoption.
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Section 4. Except as amended above, Resolution 378-2019 shall remain in full force
and effect. For purposes of clarity, the new language amending Resolution U)
378-2019, appears as underlined.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 18th day of March,2020. C14
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Mayor Heather Carruthers
Mayor Pro Tem Michelle Col diron
Commissioner Sylvia Murphy
Commissioner David Rice
Commissioner Craig Cates E
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BOARD OF COUNTY COMMISSIONERS 2
OF MONROE COUNTY,FLORIDA
(SEAL)
ATTEST: KE,VIN MADOK, CLERK
BY:
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By: Mayor Heather Carruthers >
Deputy Clerk
MONROE COUNTY ATTORNEY'S OFFICE 2
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PAUNECE SCULL
ASSISTANT L a)
.Q�UNTY ATTORNEY T-
DATE: CD
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RESOLUTION NO. 378 -2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE COUNTY ATTORNEY TO
INITIATE THE STATUTORY PROCESS FOR
DISPOSING OF ELEVEN (11) VACANT COUNTY
OWNED LOTS ON DUCK KEY THROUGH THE
STATUTORY PROCESS PROVIDED THAT THE LOTS
ARE DEED-RESTRICTED TO PROHIBIT THE
CONSTRUCTION OF PRINCIPAL RESIDENTIAL
STRUCTURES THEREON AS PART OF THE
COUNTY'S DENSITY REDUCTION PROGRAM.
WHEREAS, in 2016, the County Commission initiated a Density Reduction Program to
purchase development rights from the owners of private property in anticipation of the State's
expected cessation of new development once the current pool of Rate of Growth Ordinance
(ROGO) allocations expires; andco
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WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce
ongoing development pressures and the resulting effect on hurricane evacuation clearance times,
2) reduce the demands on public facilities and infrastructure and 3)protect property owner rights, y
thus ultimately avoiding unnecessary costs associated with defending property rights claims; and
WHEREAS, the BOCC has an obligation to review County owned property and ensure it E
is being maintained at its highest and best use; and c
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WHEREAS, the BOCC and the Monroe County Land Authority (hereinafter "MCLA")
entered into an interlocal agreement on October 19, 2016 regarding the acquisition of infill
property for density reduction, among other government purposes; and �--
WHEREAS, the BOCC acquired eleven (11) vacant parcels on Duck Key, Florida:
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RE00379720-000000, RE00379800-000000, RE00379820-000000, RE00380440-000000,
RE00383270-000000, RE00383850-000000, RE00383860-000000, RE00380240-000000,
RE00383780-000000, RE00383380-000000, and RE00383390-000000; and
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WHEREAS,the BOCC finds that the best and highest use of the eleven(11)county-owned
parcels located on Duck Key, Florida, previously acquired for density reduction purposes, is to
offer the parcels for sale with a deed restriction prohibiting the building of a residential structure
on the parcel; and
WHEREAS, the deed restricted parcel will be offered for sale to the highest and best
bidder pursuant to the requirements set forth in F.S. 125.35(1)(a); and
WHEREAS,the sale of these eleven(11)deed restricted parcels is consistent with Policies
102.4.3 and 102.4.5 of the 2030 Monroe County Comprehensive Plan; and
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WHEREAS, the Duck Key Property Owners Association, as well as individual property
owners on Duck Key, have expressed an interest in acquiring at least some of the subject lots;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Whereas clauses set forth above are incorporated herein as
findings by the Board.
Section 2: The County Attorney is authorized to initiate the process set forth in
F.S. 125.35(1)(a) to dispose of the eleven (11) County owned lots
on Duck Key with the following real estate numbers:
RE00379720-000000,RE00379800-000000,RE00379820-000000,
RE00380440-000000,RE00383270-000000,RE00383850-000000, 0
RE00383860-000000,RE00380240-000000,RE00383780-000000,
RE00383380-000000, and RE00383390-000000
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Section 3: The advertisement shall inform prospective bidders that each lot will
be subject to a deed restriction prohibiting the construction of a
principal residential structure on it.
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Section 4: Any revenue derived from the sale of these lots shall be deposited
to Fund 308, the fund used to pay for land acquisitions under the
density reduction program.
Section 5: This resolution shall take effect upon adoption. c
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PASSED AND ADOPTED by the Board of County Commissioners of Mmroe C int
Florida, at a regular meeting of said Board held on the 16`" day of October, 2019?=D `;
Mayor Sylvia J. Murphy Absent - , c.
Cis ; Mayor Pro Tem Danny L. Kolhage Yes :
s-
z� Commissioner Michelle-Coldiron Yes � � c
Commissioner Heather Carruthers Yes a-
Commissioner David Rice Yes y
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�'p0 CUh N F W
ATTEST: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS
OF M OE COUP RIDA
By: By:
Deputy Clerk Mayor Pro i K. �a
MONROE COUNTY ATTORNEY
APPRO S FORM:
R9 R'T'8.. }-3ILtiNO ,JR.
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