Item G6 �5 Ca.6
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Heather Carruthers,District 3
-��
{sJ ` °' Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` .I3 ��` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
November 17, 2020
Agenda Item Number: G.6
Agenda Item Summary #751 8
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: A Resolution by the Monroe County Board of County
Commissioners Authorizing a Time Extension for temporary emergency housing for relief workers
at the Big Pine United Methodist Church on Property Located at 280 Key Deer Boulevard, Big Pine
Key and bearing Parcel ID 00111450-000000 until April 1, 2022.
ITEM BACKGROUND:
The Monroe County (BOCC or Monroe County) Mayor declared a State of Local Emergency on
September 5, 2017, due to Hurricane Irma, deeming it a "threat of danger to the populace inhabiting
Monroe County" and provided that the County "may require expedient action in order to protect the
health, safety and welfare of the community."
At 9:10 A.M. on September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category
4 hurricane with maximum sustained winds of approximately 130 miles-per-hour. Significant
damage occurred to the County's housing stock as a result of Hurricane Irma.
On September 18, 2019, the BOCC adopted Resolution 252-2019, which authorized temporary
emergency housing for relief workers at the Big Pine United Methodist Church, located at 280 Key
Deer Boulevard, Big Pine Key, pursuant to Monroe County Land Development Code (LDC) Section
103-1. The temporary emergency relief worker housing is to be occupied by relief workers
coordinated through Florida United Methodist Conference Disaster Recovery.
The Big Pine United Methodist Church is requesting an extension of this relief worker housing
through April 1, 2022, due to impacts of COVID-19, which began mid-March 2020 and halted all
relief work efforts. The extensive damage caused by Hurricane Irma, which displaced a large
population of County residents and greatly increased the demand for repairs and replacement
housing, still requires relief efforts to rebuild. Both factors have affected the labor market and
timeframes for repairs and redevelopment.
PREVIOUS RELEVANT BOCC ACTION:
September 18, 2019 - BOCC adopted Resolution 252-2019 allowing the placement, location,
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G.6
duration, and type(s) of sheltering unit and gainful employment of relief workers pursuant to Monroe
County LDC Section 103-1 on property located at 280 Key Deer Boulevard, Big Pine Key and
bearing Parcel ID 00111450-000000.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution 252-2019
Draft BPK Reso.
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Emily Schemper Completed 10/28/2020 1:27 PM
Peter Morris Completed 11/02/2020 5:14 AM
Assistant County Administrator Christine Hurley Completed
11/02/2020 7:42 AM
Purchasing Completed 11/02/2020 8:11 AM
Budget and Finance Completed 11/02/2020 8:13 AM
Maria Slavik Completed 11/02/2020 8:17 AM
Liz Yongue Completed 11/03/2020 11:56 AM
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G.6
Board of County Commissioners Pending 11/17/2020 9:00 AM
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G.6.a
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2
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4 MONROE COUNTY, FLORIDA
5 MONROE COUNTY BOARD FI COUNTY COMMISSIONERS 2
6 RESOLUTION NO. 252 -201
7
0
9
10 A RESOLUTION BY THE MONROE COUNTY ID OF �
11 COUNTY COMMISSIONERS AUTHORIZING THE
12 PLACEMENT, LOCATION, DURATION, TYPE OF,
13 HOUSING AND GAINFUL EMPLOYMENT OF RELIEF
14 WORKERS PURSUANT" TO MONROE COUNTY LAND
15 DEVELOPMENT' CODE SECTION 103-1(e) FOR c
16 PROPERTY LOCATED AT 280 ICES' DEER BOULEVARD, �
17 BIG PINE KEY WITHPARCEL L III 001.1.1. 0-0000 0. FILE
18 2 1 -16
19
20
0
21
22 WHEREAS, the Board of County Commissioners is the legislative body of Monroe a
23 County, Florida; and
24
25 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on LN
2.6 September 5, 2017 duce to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe
27 County" and that the County "may require expedient action in order to protect the health, safety
23 and welfare of the community;" and
29 ,
30 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida keys
31 on September 10, 2017, causing substantial damage to and loss ofprop�erty; and
LO
32
33 WHEREAS, the Monroe County Mayor issued other declarations a ,Mate of Local
34 Emergency on September 13, 2017,. September 20, 2017, September 25, 20�17, September 26,
35 2017, October 3, 201.7, and October 11, 2017, due to Hurricane Irma, a "threat of danger to the
6 populace inhabiting Monroe County"' and that the Count "may require expedient action in order
37 to protect the health, safety and welfare of the community;" and
3
39 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma., which
40 caused significant damage to residences, businesses and infrastructure throughout the County; and
41
Pa
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G.6.a
1 WHEREAS, pursuant to Section 103-1(b) of the Monroe County Land Development
2 Code, it is the purpose gf•thi5° section to provide regulations that callosvJbr the relaxation of'the
3 use prohibitions in Chapter 130, Land Use Districts, and Chapter 138, bate of`Growth Restrictions,
4 (, GG017VROG )„ to: (.1) Provide regulatory authority to ca.11ovt, tentporary emergency housing, x
5 not sula feat to the 1e OG0perniit a flocation gstem,J6r temporary occup ano,by residents displaced E
6 ky natural or rracanin ade disaster-damage...; and
7 '
8 WHEREAS, pursuant to Section 1 f13-1(a), temporary emergenc.v housing means
9 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in
10 response to natural or manmade disasters, including, but riot limited to, hurricanes and tropical
11 stornis, where such R s (or other approved sheltering units) are provided to residents or relief
12 workers as pert of emergency relief efforts; and recreational vehicle (RV) means the sane as that
13 terra is defined in RS. § 320.01; and
14 CL
15 WHEREAS, pursuant to Section 103-1(e), temporary emergency housing may be
16 provided for temporary occupancy by emergency relief workers involved in reconstruction
17 activities subject to certain conditions;, and
0
18
19 WHEREAS, the County has experienced significant damage to numerous homes, and
20 must utilize available locations to provide secure temporary housing for the disaster recovery of
21 the community; and
22
23 NOW THEREFORE,_ E 1T RESOLVED BY THE BOARD OF COUNTY v
24 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
2
26 Section 1.Location.The approved location for placement of five(5)temporary emergency
27 housing for emergency relief works is 280 Key beer Boulevard, Big Dine Key with Parcel III
28 001.1145 -000001 and legally described as: E
A Tract of Land in a part of the NE'/4 of the NW'/4 of
Section 26, Twp. 66S., R. 29 E. on BIG PINE KEY, 0
Monroe County, Florida, and being more particular- E
ly described by metes and bounds as follows;
Commencing at the S. W. Corner of the NE'/4 of the
NW'/4 of Section 26, Twp. 66 S., R. 29 E., said
Corner also to be known as the Point of Beginning N
of the tract of land hereinafter described,bear N
North for a distance of 354.18 feet to a point;
thence bear East for a distance of 482.82 feet
to a point on the Westerly right-of-way line of 0
State Road No. S940; thence bear South 31 degrees
and 34 minutes East along the Westerly right-of-
way line of State Road No. S940 for a distance of
415.69 feet to a point; thence bear West for a
distance of 700.44 feet,back to the Point of
Beginning, containing 4.81 Acres.
29
30
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G.6.a
1 Section 2. Duration. The temporary emergency housing may remain on the subject
2 Property until October 1, 2020. A no-fee building permit authorizing placement of the temporary
3 housing unit(s) is required. The duration may only be extended at the.discretion of the BOCC by
4 an additional resolution.
5 Section 3. Type of Housing. The temporary housing shall be an approved sheltering unit, '
6 including but not limited to, recreational vehicles (RVs), modular units, trailers, fold out shelters
7 and site built structures. ca
8 Section 4.Gainful Emuloyment.For purposes of compliance with LDC Section 103-1(e),
9 the utilization of the temporary emergency housing shall be deemed compensation and as such a,
10 relief workers temporarily occupying emergency temporary housing shall be determined to be
CL
11 gainfully employed in Monroe County.
12 PASSED AND ADOPTED by the Board'of County Commissioners of Monroe County, Florida,
13 at a regular meeting of the Board held on the 181h day of September 2019.
14
15 Mayor Sylvia J. Murphy Yes
16 Mayor Pro Tern Danny L. Kolhage Yes
17 Commissioner Michelle Coldiron Yes
18 Commissioner Heather Carruthers Yes
19 Commissioner David Rice Yes N
20
21 .
22 ae .a BOARD OF COUNTY COMMISSIONERS
23 OF MONRO COUNTY, FLORIDA °3
24
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25 -
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26 '��; ,�� BY
27 ( �" R�" Mayor Sy via J. Murphy
COyryT`/
28
29 ATTEST: KEVIN MADOK, CLERK _
30 ,
31
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32 By. cv
. 33 Deputy Clerk N
34 Not � CoulsTY� ATTORNEY . _
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ASSISTANT (5 ATT'OWay
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3
4 MONROE COUNTY, FLORIDA E
5 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
6 RESOLUTION NO. -2020 2
7
8 A RESOLUTION BY THE MONROE COUNTY BOARD OF
9 COUNTY COMMISSIONERS AUTHORIZING A REQUEST
10 FOR A TIME EXTENSION TO RESOLUTION NO. 252-2019, c
11 WHICH ALLOWED FOR THE PLACEMENT, LOCATION,
12 DURATION, AND TYPE(S) OF HOUSING AND GAINFUL
13 EMPLOYMENT OF RELIEF WORKERS PURSUANT TO
14 MONROE COUNTY LAND DEVELOPMENT CODE v,
15 SECTION 103-1 FOR PROPERTY LOCATED AT 280 KEY
16 DEER BOULEVARD, BIG PINE KEY WITH PARCEL ID
17 00111450-000000.
m
18
19 WHEREAS, the Monroe County Board of County Commissioners (BOCC or Monroe
20 County) is the local legislative body of Monroe County, Florida; and
21
22 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on c
23 September 5, 2017, due to Hurricane Irma, deeming it a "threat of danger to the populace
24 inhabiting Monroe County" and providing that the County"may require expedient action in order
25 to protect the health, safety and welfare of the community;" and
26 E
27 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
28 on September 10, 2017, causing substantial damage to and loss of property; and 2
29 0'
E
30 WHEREAS, the Monroe County Mayor issued other declarations a State of Local
31 Emergency on or about September 13,2017, September 20,2017, September 25,2017, September 6
32 26, 2017, October 3, 2017, and October 11, 2017, due to Hurricane Irma, deeming it a "threat of
33 danger to the populace inhabiting Monroe County" and providing that the County "may require
34 expedient action in order to protect the health, safety and welfare of the community;" and ate.
35
36 WHEREAS, as stated above, Monroe County experienced a natural disaster, Hurricane
37 Irma,which caused significant damage to residences,businesses, and infrastructure throughout the
38 County; and
39
40 WHEREAS,pursuant to Section 103-1(b)of the Monroe County Land Development Code
41 (LDC), it is the purpose of this section to provide regulations that allow for the relaxation of the
42 use prohibitions in Chapter 130,Land Use Districts, and Chapter 138,Rate ofGrowth Restrictions
43 (ROGO/NROGO), to: (1) Provide regulatory authority to allow temporary emergency housing,
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I not subject to the ROGO permit allocation system,for temporary occupancy by residents displaced
2 by natural or manmade disaster damage...; and
3
4 WHEREAS, pursuant to LDC Section 103-1(a), temporary emergency housing means
5 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in
6 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical
7 storms, where such RVs (or other approved sheltering units) are provided to residents or relief
8 workers as part of emergency relief efforts, and recreational vehicle (RV) means the same as that
9 term is defined in Florida Statute § 320.01; and
10
11 WHEREAS, pursuant to LDC Section 103-1(f), temporary emergency housing may be
12 provided for temporary occupancy by emergency relief workers involved in reconstruction
13 activities subject to certain conditions; and
14
15 WHEREAS,the County has experienced significant damage to numerous residences, and CL
16 must utilize available locations to provide secure temporary housing for the disaster recovery of
17 the community; and
18
19 WHEREAS,pursuant to LDC Section 103-1(i), no clearing or filling of environmentally c
20 sensitive lands may occur as a result of providing any type of temporary housing unit(s); and
21
22 WHEREAS, pursuant to LDC Section 118-9 (e), the Habitat Conservation Plan for Big
23 Pine Key and No Name Key prohibits clearing of native habitat other than that necessary and
24 authorized for new residential development, local road widening or fire breaks to protect
25 residential areas; 0
26 =
27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
29 m
30 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
31 are hereby incorporated as if fully stated herein.
32 c
33 Section 2. Based upon the information and documentation received by the BOCC in support E
34 of the request for approval in this decision, the BOCC hereby approves the request received
35 requesting a time extension to Resolution No. 252-2019, allowing the temporary emergency 6
36 housing (five (5)units) to remain on-site until April 1, 2022, subject to the following conditions:
37
38 Section 3. Location. The approved location for placement of five (5) temporary emergency
39 housing for emergency relief works is 280 Key Deer Boulevard, Big Pine Key with Parcel ID
40 00111450-000000 and legally described as:
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A Tract of Land in a part of the NE'/,of the NW'/4 of
Section 26,T«=p,66S„R, 29 E,on BIG PINE KEY,
Monroe County, Florida,and being more particular-
ly described by metes and bounds as Eollows
Commencing at the S.W.Corner of the NE`/n of the
NW'/4 of Section 26,Twp.66 S.,R. 29 E.. said
Corner also to be known as the Point of Beginning UJ
aJ
of the tract of land hereinafter described,bear
North for a distance of 354.18 feet to a point; F-
thence bear East for a distance of 482.82 feet
to a point on the Westerly right-of-way line of
State Road No.S940;thence bear South 31 degrees
and 34 minutes East along the Westerly right-of-
way line of State Road No.S940 for a distance of
415.69 feet to a point;thence bear West fora 0
distance of 700.44 feet,back to the Point of
1
Beginning,containing 4.81 Acres.
2 CL
3 Section 3. Duration. The temporary emergency housing may remain on the subject
4 property until April 1, 2022. A no-fee building permit authorizing placement of the temporary
0
5 housing unit(s) is required. The duration may only be extended at the sole discretionary approval
6 of the BOCC in the form of a subsequent BOCC resolution.
7 Section 4. Type of Housing. The temporary housing shall be an approved sheltering unit, 0
8 including but not limited to, recreational vehicles (RVs), modular units, trailers, fold out shelters
9 and site built structures.
0
10 Section 5. Gainful Employment. For purposes of compliance with LDC Section 103-1(f),
11 the utilization of the temporary emergency housing shall be deemed compensation and as such
12 relief workers temporarily occupying emergency temporary housing shall be determined to be o,
13 gainfully employed in Monroe County.
14 Section 6. Environmental Impacts. The Monroe County Planning and Environmental 0
0.
15 Resources Department shall review the subject proposal prior to any work occurring on the site. E
W
16 Any unauthorized impacts to native vegetation on site shall and must be restored.
d
17 Section 7. Construction and Interpretation. This resolution and its interpretation
18 shall be liberally construed and enforced in favor of Monroe County to effectuate its public
19 purpose(s)and policy(ies)of the County. The construction and interpretation of this resolution and CL
20 all Monroe County Comprehensive Plan provision(s),Florida Building Code,Florida Statutes, and
21 Monroe County Code(s)provision(s)whose interpretation arises out of,relates to, or is interpreted
22 in connection with this resolution shall be liberally construed and enforced in favor of Monroe
23 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in
E
24 favor of the BOCC and such construction and interpretation shall be entitled to great weight in
25 adversarial administrative proceedings, at trial, bankruptcy, and on appeal
26
27 Section 8. No Liability. Monroe County expressly reserves and in no way shall be
28 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
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I governmental, and any other similar defense, immunity, exemption, or protection against any suit,
2 cause-of-action, demand, or liability.
3
4 Section 9. Severability. If any provision of this resolution, or any part or portion
5 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of
6 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
7 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
8 provision of this resolution, or any remaining part(s) or portion(s)thereof. All other provisions of
9 this resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force
10 and effect.
11 �,
12 Section 10. All terms, covenants, conditions, and provisions of Resolution No. 252-
13 2019, except those expressly modified and expressly rendered inconsistent by this resolution,
14 remain(s)binding and in full force and effect.
15 CL
16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
17 at a regular meeting of the Board held on the 17th day of November 2020.
18 c
19 Mayor Heather Carruthers
20 Mayor Pro Tem Michelle Coldiron
21 Commissioner Craig Cates
22 Commissioner David Rice -
23 Commissioner Sylvia J. Murphy
24
25
26
27 °3
28 BOARD OF COUNTY COMMISSIONERS
29 OF MONROE COUNTY, FLORIDA
30
31
32 BY:
33 (SEAL) MAYOR HEATHER CARRUTHERS
34 d
35 ATTEST: KEVIN MADOK, CLERK
ONAOE COUNTY ATTORNEY
36 AMTooRM
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37 DWO: �Q
38 By
39 AS DEPUTY CLERK
40
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