Item I2 �5 L2
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: I.2
Agenda Item Summary #8051
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Approval of a Resolution Authorizing the Senior Director of the
Planning and Environmental Resources or Her Authorized Designee to Extend the Time Limit of
ROGO/NROGO Allocation Awards for ROGO/NROGO Year 29 Quarter 4 for an Additional 180
days; and Authorizing the Building Official or His Authorized Designee to Approve an Additional
180-day Extension to the Time Limits for Commencement of Construction and Required Inspections
for ROGO/NROGO Building Permits Issued Prior to the Effective Date of the Resolution, All Due
to the Impacts of the COVID-19 Pandemic and State of Emergency.
ITEM BACKGROUND:
On March 1, 2020, the Governor of Florida issued Executive Order Number 20-51 directing the
State Health Officer and Surgeon General to declare a Public Health Emergency due to the novel
coronavirus (COVID-19) occurring and spreading in Florida. On March 9, 2020, the Governor of
Florida issued Executive Order Number 20-52, declaring a State of Emergency for the State of
Florida related to COVID-19, extended by, in pertinent part, Executive Order Numbers 20-114 and
20-166, amended by Executive Order Number 20-192, and extended by Executive Order Numbers
20-213, 20-316, and 21-45.
The Monroe County Mayor declared a State of Local Emergency on March 15, 2020, due to
COVID-19, to, in pertinent part, "initiate protective measures necessary to ensure the health, safety,
and welfare of residents and visitors."
Due to permitting office closures and other measures taken related to COVID-19, on April 15, 2020,
the BOCC adopted Resolution No. 100-2020, approving a temporary suspension of the expiration of
ROGO and NROGO allocation awards by giving additional time for permit issuance for previously
awarded allocations, and deferral of ROGO Year 28 Quarter 3 applications until the scheduled
Quarter 4 allocation period.
Following the re-opening of services in the permitting and related Planning and Environmental
Resources Department offices, on August 26, 2020, the Monroe County Planning Commission held
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a public hearing and approved 54 ROGO allocation awards for ROGO Year 28, Quarters 3 and 4,
combined. Resolution No. 100-2020 did not include extensions for these ROGO Quarters, and
allocation letters were sent to owners with deadlines for permit issuance based on the adopted
requirements of the Land Development Code (LDC).
Pursuant to Sections 138-25 and 138-52 of the LDC, ROGO and NROGO permits which do not
require updates to plans based on the building code are given 60 days from the date of the allocation
letter to have the subject permit issued, while permits that do require updated plans based on the
building code are given 180 days from the date of the allocation letter to have the subject permit
issued. If building permits are not picked up/issued by the stated deadlines, or if issued permits
expire, then the related ROGO allocation awards expire, thus requiring the property owners holding
those ROGO allocations to have to reapply for ROGO allocation awards.
Building permits issued on or before March 9, 2020, were/are eligible for extensions under
Executive Order No. 20-52 and subsequent extensions/amendments. However, some building
permits issued on or before March 9, 2020 were granted such extensions, but then resumed
construction, received passed inspections, and are therefore no longer eligible for any further
extension of time under the Governor's COVID-19 Executive Orders. Staff has received input that
some of these permits are now experiencing delays, including but not limited to supply of materials,
due to the impacts of COVID-19.
ROGO building permits which had pending permit issuance deadlines and were issued on or after
March 10, 2020, are not eligible for state of emergency extensions to issued building permits under
the Governor's Executive Order No. 20-52 and subsequent extensions/amendments.
Monroe County Code (MCC) Section 6-103 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 passed inspection. If issued ROGO/NROGO
permits expire, then their associated allocation award expires as well and the property owner then
holding that allocation must reapply.
Staff has received feedback from the construction industry indicating that, due to the manifold
impacts of COVID-19, additional time was needed to meet the deadlines required for
ROGO/NROGO permits. Input received includes the following:
• Property owners are still replacing homes from Hurricane Irma, in addition to developing
homes subject to ROGO, thereby creating a higher demand on building materials.
• COVID-19 protocols have restricted production levels of building materials and disrupted
supply chains creating a shortage of product and increased prices.
• There are delays for engineering services.
• Building permits issued for ROGO awards approved after March 9 are not eligible for the
Governor's pertinent extension.
• Due to COVID-19 the building dynamic has changed and increased the cost of development.
• Owner finances are uncertain due to COVID-19 impacts, delaying construction scheduled.
Based on this input, on November 17, 2020, the BOCC adopted Resolution No. 398-2020, approving
extension of the time limit of ROGO and NROGO allocation awards for ROGO/NROGO Year 28
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Quarters 2, 3 and 4 and ROGO/NROGO Year 29 Quarters 1, 2 and 3 for an additional 180 days, and
authorizing the Monroe County Building Official or his authorized designee to approve an additional
180-day extension to the time limits for commencement of construction and required inspections for
ROGO/NROGO building permits issued between March 10, 2020, and November 17, 2020.
Staff has received additional feedback in the last several weeks from the construction industry
indicating that supply of building materials is still an issue, and additional time is still needed
for ROGO/NROGO permits.
Staff is recommending that an additional 180 days be authorized for commencement of
construction/inspections requirements for those permits already issued, but not given
extensions under Resolution No. 398-2020 and not eligible for extensions under the Governor's
Executive Order/State of Emergency, including those permits that were previously granted an
extension under Executive Order No. 20-52 and subsequent extensions/amendments, but later
resumed/proceeded with construction and are no longer eligible for any further extension the
Governor's COVID-19 Executive Orders.
Staff is also requesting authorization to give extensions for permit pickup of allocation awards
for an additional future quarter: ROGO/NROGO Year 29, Quarter 4 (application period
running through July 12, 2021; Planning Commission hearing for those awards is scheduled to be
held in August 2021).
PREVIOUS RELEVANT BOCC ACTION:
On April 15, 2020, the BOCC approved Resolution No. 100-2020, approving a temporary
suspension of the expiration of ROGO and NROGO allocation awards by giving additional time for
permit issuance for previously awarded allocations, and deferral of ROGO Year 28 Quarter 3
applications until the scheduled Quarter 4 allocation period, due to the impacts of COVID-19.
On November 17, 2020, the BOCC adopted Resolution No. 398-2020, approving extension of the
time limit of ROGO and NROGO allocation awards for ROGO/NROGO Year 28 Quarters 2, 3 and
4 and ROGO/NROGO Year 29 Quarters 1, 2 and 3 for an additional 180 days, and authorizing the
Monroe County Building Official or his authorized designee to approve an additional 180-day
extension to the time limits for commencement of construction and required inspections for
ROGO/NROGO building permits issued between March 10, 2020, and November 17, 2020.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
REVISED Resolution - ROGO NROGO third COVID-19 extension - 4-13-2021
TRACKED CHANGES FOR REVISED Resolution - ROGO NROGO third COVID-19 extension -
4-13-2021
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ROGO Permit Extension - Construction Industry Emails
Resolution 100-2020_temp suspension of ROGO-NROGO expiration
Resolution 398-2020 ROGO NROGO COVID second extension
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:
n/a
REVIEWED BY:
Emily Schemper Completed 04/05/2021 4:24 PM
Assistant County Administrator Christine Hurley Completed
04/05/2021 5:43 PM
Peter Morris Completed 04/06/2021 12:26 PM
Purchasing Completed 04/06/2021 12:34 PM
Budget and Finance Completed 04/06/2021 1:00 PM
Maria Slavik Completed 04/06/2021 2:01 PM
Liz Yongue Completed 04/06/2021 3:03 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. -2021
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AUTHORIZING THE SENIOR DIRECTOR OF THE
12 PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT OR
13 HER AUTHORIZED DESIGNEE TO EXTEND THE TIME LIMIT OF ->
14 ROGO AND NROGO ALLOCATION AWARDS FOR ROGO/NROGO _
15 YEAR 29 QUARTER 4 FOR AN ADDITIONAL 180 DAYS, AND
16 AUTHORIZING THE MONROE COUNTY BUILDING OFFICIAL OR HIS `V
cv
17 AUTHORIZED DESIGNEE TO APPROVE AN ADDITIONAL 180-DAY
18 EXTENSION TO THE TIME LIMITS FOR COMMENCEMENT OF '
19 CONSTRUCTION AND REQUIRED INSPECTIONS FOR ROGO/NROGO
20 BUILDING PERMITS ISSUED PRIOR TO THE EFFECTIVE DATE OF N
21 THIS RESOLUTION, ALL DUE TO THE IMPACTS OF THE NOVEL
22 CORONAVIRUS (COVID-19) STATE OF EMERGENCY.
23
24
25 WHEREAS,the Monroe County Board of County Commissioners (`BOCC", "Board", or
26 "Monroe County") is the legislative body of Monroe County, Florida, and constitutes the local
27 legislature of Monroe County, Florida; and
28
29 WHEREAS, Florida Statute § Section 252.38(3)(a), gives authority to political
30 subdivisions to declare and enact a State of Local Emergency for a period of up to seven (7) days W
z
31 thereby waiving the procedures and formalities otherwise required of the political subdivision by
32 law; and 0
33
34 WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number
35 20-51 directing the State Health Officer and Surgeon General to declare a Public Health
36 Emergency due to the novel coronavirus (COVID-19) pandemic occurring and spreading in 0
37 Florida; and
38
39 WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order Number
40 20-52, declaring a State of Emergency for the State of Florida related to COVID-19, extended by, W
41 in pertinent part, Executive Order Numbers 20-114 and 20-166, amended by Executive Order
42 Number 20-192, and extended by Executive Order Numbers 20-213, 20-316 and 21-45; and
43
44 WHEREAS, the spreading COVID-19 pandemic poses a health risk to Monroe County
45 residents, as well as to visitors to Monroe County; and �t
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I WHEREAS, responding to the threat posed by the COVID-19 pandemic may require
2 extraordinary and immediate actions by Monroe County in order to protect the public health,
3 safety, and welfare of residents of and visitors to Monroe County; and _
4
5 WHEREAS, Section 11-1 of the Monroe County Code (MCC) vests the Monroe County X
6 Mayor with the authority to declare a state of local emergency for a renewable period of up to 0
7 seven (7) days; and 0
0
8
9 WHEREAS,the Monroe County Mayor declared a State of Local Emergency on or about
10 March 15,2020,due to the COVID-19 pandemic,to,in pertinent part,"initiate protective measures
11 necessary to ensure the health, safety, and welfare of residents and visitors"; and
12
13 WHEREAS, on April 15, 2020, the BOCC adopted Resolution No. 100-2020, approving
14 a temporary suspension of the expiration of ROGO and NROGO allocation awards by giving
15 additional time for permit issuance for previously awarded allocations,and deferral of ROGO Year
16 28 Quarter 3 applications until the scheduled Quarter 4 allocation period, due to the impacts of the
17 COVID-19 pandemic; and
18 '
19 WHEREAS, on August 26, 2020, the Planning Commission approved 54 ROGO awards
20 for ROGO Year 28, Quarters 3 and 4; and .2
21 u
22 WHEREAS, Resolution No. 100-2020 did not include extensions for ROGO/NROGO
23 awards in Year 28, Quarters 3 and 4; and
0
24
25 WHEREAS, on November 17, 2020, the BOCC adopted Resolution No. 398-2020,
26 approving extension of the time limit of ROGO and NROGO allocation awards for
27 ROGO/NROGO Year 28 Quarters 2, 3 and 4 and ROGO/NROGO Year 29 Quarters 1, 2 and 3 for
28 an additional 180 days, and authorizing the Monroe County Building Official or his authorized
29 designee to approve an additional 180-day extension to the time limits for commencement of
30 construction and required inspections for ROGO/NROGO building permits issued between March W
z
31 10, 2020, and November 17, 2020; and
32 0
0
33 WHEREAS, pursuant to Sections 138-25 and 138-52 of the Monroe County Land ,
34 Development Code (LDC), ROGO and NROGO permits which do not require updates to plans
35 based on the building code are given 60 days from the date of the allocation letter to have the
36 permit issued, while permits that do require updated plans based on the building code are given 0
37 180 days from the date of the allocation letter to have the permit issued; and
38
39 WHEREAS, Land Development Code Sections 138-25(h) and 138-25(k) indicate that
40 ROGO allocation awards will expire if building permits are not picked-up/issued or if issued W
41 permits expire, thereby requiring pro ertY owners to reapply for ROGO allocation awards; and
42
43 WHEREAS, Land Development Code Sections 138-52(i) and 138-52(m) indicate that
44 NROGO allocation awards will expire if building permits are not picked-up/issued or if issued
45 permits expire, thereby requiring property owners to reapply for NROGO allocation awards; and C
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I WHEREAS, pursuant to Monroe County Code Section 6-102, if a permit is not issued,
2 then the permit shall automatically expire and become null and void; and
3
4 WHEREAS, the Florida Building Code and Monroe County Code (MCC) Section 6-103
5 provide that permits shall become null and void unless work authorized by the permit is w
6 commenced with 180 days and, once commenced, required inspections are conducted within 180
7 days from the last passed inspection; and 0
8
9 WHEREAS, building permits issued on or before March 9, 2020, were/are eligible for
10 extensions under Executive Order No. 20-52 and subsequent extensions/amendments; and
11
12 WHEREAS, some building permits issued on or before March 9, 2020 were granted
13 extensions under Executive Order No. 20-52 and subsequent extensions/amendments, but then
14 proceeded to continue construction, received passed inspections, and are therefore no longer is
15 eligible for any further extension under Executive Order No. 20-52 and subsequent
16 extensions/amendments; and
17
18 WHEREAS, ROGO/NROGO building permits which had pending permit issuance '
19 deadlines and have been issued on or after March 10, 2020 are therefore not eligible for state of
20 emergency extensions under the Governor's Executive Order No. 20-52 and subsequent pertinent .2
21 extensions/amendments; and
22
23 WHEREAS, the construction industry in Monroe County has provided feedback to the
24 Monroe County Planning and Environmental Resources Department indicating that, due to the
25 impacts of the COVID-19 pandemic, additional time is still needed to meet the deadlines required
26 for ROGO/NROGO permits; and
27
28 WHEREAS, the above-referenced feedback received includes that property owners are 0
29 still replacing homes from Hurricane Irma, in addition to developing homes subject to ROGO
30 thereby creating a higher demand on building materials, that public health and medical protocols W
z
31 necessitated by the COVID-19 pandemic have restricted production levels of building materials
32 and other materials have slowed creating a shortage of product that remains an issue at this time,
33 and due to the COVID-19 pandemic the building dynamic has changed and increased the cost of
34 development; and
35
36 WHEREAS, the BOCC wishes to address these concerns expressed by the construction y
37 industry regarding the impacts of the COVID-19 pandemic on the ability to meet required
38 timelines for construction;
w
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
42
43 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
44 are hereby incorporated as if fully stated herein.
45 �C
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I Section 2. Applicants who are approved for allocation awards by the Planning Commission
2 for upcoming ROGO/NROGO Year 29, Quarter 4 (Application period April 13,
3 2021 through July 12, 2021; Planning Commission Hearing for awards scheduled
4 to be held in August 2021) shall be given 240 days if building plans are current, or
5 360 days if building plans are required to be updated, to pick up the permit. The w
6 Planning and Environmental Resources Department will notify applicants/agents 0
7 via e-mail,when e-mail addresses are provided in the application, and/or by regular 0
0
8 mail or certified mail, notwithstanding the days specified in Monroe County
9 Code(s).
10 0
0
11 Section 3. Applicants who have ROGO/NROGO building permits that were issued prior to
12 the effective date of this Resolution shall be eligible for an additional 180-day
13 extension, notwithstanding Monroe County Code Section 6-103, for
14 commencement of construction and/or required inspections, provided that the is
15 permit meets the following criteria:
16
17 1) The building permit was not expired as of March 10, 2020, or was issued on or
18 after March 10, 2020;
19 2) The building permit is not eligible for Executive Order Extension(s) from 20-
20 52 or subsequent extensions/amendments (including permits that were
21 previously granted an extension under Executive Order No. 20-52 and
22 subsequent extensions/amendments, but later proceeded with construction and
23 are no longer eligible for any further extension under Executive Order No. 20-
24 52 and subsequent extensions/amendments);
25 3) The building permit did not already receive an extension under Section 6 of
26 Resolution No. 398-2020; and
27 4) The property owner applies for a 180-day extension as prescribed by the 0
28 Monroe County Building Department on or before June 30, 2021. W
29
30 Section 4. The extensions provide herein shall run concurrently with any other relevant
31 extension(s) available and timely and lawfully obtained.
32
33 Section 5. The Monroe County Building Official or his authorized designee, and the Senior
34 Director of the Planning and Environmental Resources Department or her 0
35 authorized designee, are hereby authorized to render extension decisions pursuant
36 to and in accordance with this Resolution.
37 U)
38 Section 6. Construction and Interpretation. This Resolution and its interpretation shall be >
39 liberally construed and enforced in favor of Monroe County to effectuate its public
40 purpose(s)and policy(ies)of the County. The construction and interpretation of this
41 resolution and all Monroe County Comprehensive Plan provision(s), Florida E
42 Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
43 interpretation arises out of, relates to, or is interpreted in connection with this <
44 resolution shall be liberally construed and enforced in favor of Monroe County to
45 effectuate its public purpose(s)and policy(ies)of the County,and shall be construed
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I in favor of the BOCC and such construction and interpretation shall be entitled to
2 great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
3 appeal. _
4
5 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
6 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign
7 governmental, and any other similar defense, immunity, exemption, or protection 0
8 against any suit, cause-of-action, demand, or liability.
9
10 Section 8. Severability. If any provision of this resolution, or any part or portion thereof, is
11 held to be invalid or unenforceable by any administrative hearing officer or court
12 of competent jurisdiction, the invalidity or unenforceability of such provision, or
13 any part or portion thereof, shall neither limit nor impair the operation,
14 enforceability,or validity of any other provision of this resolution, or any remaining is
15 part(s) or portion(s) thereof. All other provisions of this resolution, and remaining
16 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
17
18 Section 9. Effective Date.This Resolution shall become effective upon approval by the Board '
19 of County Commissioners of Monroe County, Florida.
20 .2
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
22 Florida, at a regular meeting held on the 21 st day of April, 2021.
23
24 Mayor Michelle Coldiron
25 Mayor Pro Tem David Rice
26 Commissioner Craig Cates -�
27 Commissioner Eddie Martinez
28 Commissioner Mike Forster
29
30 BOARD OF COUNTY COMMISSIONERS
31 OF MONROE COUNTY, FLORIDA
32
33 By: ,
34 Mayor Michelle Coldiron
35
36 (SEAL) c
37 MONnOFF COUNTY TTOP
38 ATTEST: KEVIN MADOK, CLERK TOfORM
v)
39 Chet a 1 1 aaL
40 AS DEPUTY CLERK
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5 `
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ->
8 RESOLUTION NO. -2021 _
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY `V
cv
11 COMMISSIONERS AUTHORIZING THE SENIOR DIRECTOR OF THE
12 PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT OR '
13 HER AUTHORIZED DESIGNEE TO EXTEND THE TIME LIMIT OF
14 ROGO AND NROGO ALLOCATION AWARDS FOR ROGO/NROGO N
15 YEAR 29 QUARTER 4 FOR AN ADDITIONAL 180 DAYS, AND
16 AUTHORIZING THE MONROE COUNTY BUILDING OFFICIAL OR HIS
17 AUTHORIZED DESIGNEE TO APPROVE AN ADDITIONAL 180-DAY
18 EXTENSION TO THE TIME LIMITS FOR COMMENCEMENT OF
19 CONSTRUCTION AND REQUIRED INSPECTIONS FOR ROGO/NROGO
20 BUILDING PERMITS ISSUED BETWEEN MARCH 10, 2020,AND PRIOR
21 TO THE EFFECTIVE DATE OF THIS RESOLUTION,ALL DUE TO THE
22 IMPACTS OF THE NOVEL CORONAVIRUS (COVID-19) STATE OF 0
23 EMERGENCY.
24
25
26 WHEREAS,the Monroe County Board of County Commissioners ("BOCC", "Board", or
27 "Monroe County") is the legislative body of Monroe County, Florida, and constitutes the local
28 legislature of Monroe County, Florida; and
0
29
30 WHEREAS, Florida Statute § Section 252.38(3)(a), gives authority to political 0
31 subdivisions to declare and enact a State of Local Emergency for a period of up to seven (7) days,
32 thereby waiving the procedures and formalities otherwise required of the political subdivision by
33 law; and v)
34 w
35 WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number
36 20-51 directing the State Health Officer and Surgeon General to declare a Public Health
37 Emergency due to the novel coronavirus (COVID-19) pandemic occurring and spreading in w
38 Florida; and t�
39
40 WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order Number
41 20-52, declaring a State of Emergency for the State of Florida related to COVID-19, extended by,
w
42 in pertinent part, Executive Order Numbers 20-114 and 20-166, amended by Executive Order
43 Number 20-192, and extended by Executive Order Numbers 20-213, 20-316 and 21-45; and
44
45 WHEREAS, the spreading COVID-19 pandemic poses a health risk to Monroe County
46 residents, as well as to visitors to Monroe County; and E
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1 WHEREAS, responding to the threat posed by the COVID-19 pandemic may require
2 extraordinary and immediate actions by Monroe County in order to protect the public health, z
3 safety, and welfare of residents of and visitors to Monroe County; and
4 0
0
5 WHEREAS, Section 11-1 of the Monroe County Code (MCC) vests the Monroe County
6 Mayor with the authority to declare a state of local emergency for a renewable period of up to
7 seven (7) days; and
8 c
U_
9 WHEREAS,the Monroe County Mayor declared a State of Local Emergency on or about
10 March 15,2020,due to the COVID-19 pandemic,to,in pertinent part,"initiate protective measures
11 necessary to ensure the health, safety, and welfare of residents and visitors"; and
12 '
13 WHEREAS, on April 15, 2020, the BOCC adopted Resolution No. 100-2020, approving
14 a temporary suspension of the expiration of ROGO and NROGO allocation awards by giving .2
15 additional time for permit issuance for previously awarded allocations, and deferral of ROGO Year
16 28 Quarter 3 applications until the scheduled Quarter 4 allocation period, due to the impacts of the
17 COVID-19 pandemic; and
18
19 WHEREAS, on August 26, 2020, the Planning Commission approved 54 ROGO awards
20 for ROGO Year 28, Quarters 3 and 4; and
21
22 WHEREAS, Resolution No. 100-2020 did not include extensions for ROGO/NROGO
23 awards in Year 28, Quarters 3 and 4; and
24 W
25 WHEREAS, on November 17, 2020, the BOCC adopted Resolution No. 398-2020
26 approving extension of the time limit of ROGO and NROGO allocation awards for
27 ROGO/NROGO Year 28 Quarters 2, 3 and 4 and ROGO/NROGO Year 29 Quarters 1, 2 and 3 for
28 an additional 180 days, and authorizing the Monroe County Building Official or his authorized
29 designee to approve an additional 180-day extension to the time limits for commencement of
30 construction and required inspections for ROGO/NROGO building permits issued between March y
31 10, 2020, and November 17, 2020; and
32
33 WHEREAS, pursuant to Sections 138-25 and 138-52 of the Monroe County Land
34 Development Code (LDC), ROGO and NROGO permits which do not require updates to plans W
35 based on the building code are given 60 days from the date of the allocation letter to have the
36 permit issued, while permits that do require updated plans based on the building code are given
37 180 days from the date of the allocation letter to have the permit issued; and w
38 c9
39 WHEREAS, Land Development Code Sections 138-25(h) and 138-25(k) indicate that
40 ROGO allocation awards will expire if building permits are not picked-up/issued or if issued
41 permits expire, thereby requiring property owners to reapply for ROGO allocation awards; and
w
42
43 WHEREAS, Land Development Code Sections 138-52(i) and 138-52(m) indicate that
44 NROGO allocation awards will expire if building permits are not picked-up/issued or if issued
45 permits expire, thereby requiring property owners to reapply for NROGO allocation awards; and
E
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1 WHEREAS, pursuant to Monroe County Code Section 6-102, if a permit is not issued
2 then the permit shall automatically expire and become null and void; and z
3
4 WHEREAS, the Florida Building Code and Monroe County Code (MCC) Section 6-103
5 provide that permits shall become null and void unless work authorized by the permit is
6 commenced with 180 days and, once commenced, required inspections are conducted within 180
7 days from the last passed inspection; and
8 c
9 WHEREAS, building permits issued on or before March 9, 2020, were/are eligible for
10 extensions under Executive Order No. 20-52 and subsequent extensions/amendments; and
N
11
12 WHEREAS, some building permits issued on or before March 9, 2020 were granted '
13 extensions under Executive Order No. 20-52 and subsequent extensions/amendments, but then
14 proceeded to continue construction, received passed inspections, and are therefore no longer
15 eligible for any further extension under Executive Order No. 20-52 and subsequent
16 extensions/amendments, and
17
18 WHEREAS, ROGO/NROGO building permits which had pending permit issuance
19 deadlines and have been issued on or after March 10, 2020 are therefore not eligible for state of 0
20 emergency extensions under the Governor's Executive Order No. 20-52 and subsequent pertinent
21 extensions/amendments; and
22
23 WHEREAS, the construction industry in Monroe County has provided feedback to the
24 Monroe County Planning and Environmental Resources Department indicating that, due to the W
z
25 impacts of the COVID-19 pandemic, additional time is still needed to meet the deadlines required
26 for ROGO/NROGO permits; and 0
27
28 WHEREAS, the above-referenced feedback received includes that property owners are
29 still replacing homes from Hurricane Irma, in addition to developing homes subject to ROGO,
30 thereby creating a higher demand on building materials, that public health and medical protocols 0
31 necessitated by the COVID-19 pandemic have restricted production levels of building materials
32 and other materials have slowed creating a shortage of product that remains an issue at this time,
33 and due to the COVID-19 pandemic the building dynamic has changed and increased the cost of v)
34 development; and
35
36 WHEREAS, the BOCC wishes to address these concerns expressed by the construction
37 industry regarding the impacts of the COVID-19 pandemic on the ability to meet required
38 timelines for construction; t9
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
42
43 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
44 are hereby incorporated as if fully stated herein.
45
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1 Section 2. Applicants who are approved for allocation awards by the Planning Commission
2 for upcoming ROGO/NROGO Year 29, Quarter 4 (Application period April 13, z
3 2021 through July 12, 2021; Planning Commission Hearing for awards scheduled
4 to be held in August 2021) shall be given 240 days if building plans are current, or 0
0
5 360 days if building plans are required to be updated, to pick up the permit. The
6 Planning and Environmental Resources Department will notify applicants/agents
7 via e-mail,when e-mail addresses are provided in the application, and/or by regular
8 mail or certified mail, notwithstanding the days specified in Monroe County
W
9 Code(s).
10
N
11 Section 3. Applicants who have ROGO/NROGO building permits that were issued bet-wee*
12 Mar-eh 10, 2020 a d prior to the effective date of this Resolution shall be eligible '
13 for an additional 180-day extension,notwithstanding Monroe County Code Section
14 6-103, for commencement of construction and/or required inspections, provided .2
15 that the permit meets the following criteria:
16
17 1) The building permit was not expired as of March 10, 2020, or was issued on or
18 after March 10, 2020,
19 2) The building permit is not eligible for Executive Order Extension(s) from 20- 0
t�
20 52 or subsequent extensions/amendments (including permits that were
21 previously granted an extension under Executive Order No. 20-52 and
22 subsequent extensions/amendments, but later proceeded with construction and
23 are no longer eligible for any further extension under Executive Order No. 20- z
24 52 and subsequent extensions/amendments);
25 3) The building permit did not already receive an extension under Section 6 of
26 Resolution No. 398-2020; and
27 4) The property owner applies for a 180-day extension as prescribed by the o
28 Monroe County Building Department on or before June 30, 2021.
29
30 Section 4. The extensions provide herein shall run concurrently with any other relevant
LU
31 extension(s) available and timely and lawfully obtained. U)
32 >
w
33 Section 5. The Monroe County Building Official or his authorized designee, and the Senior
34 Director of the Planning and Environmental Resources Department or her 0
35 authorized designee, are hereby authorized to render extension decisions pursuant v)
36 to and in accordance with this Resolution. 1°
0
37
38 Section 6. Construction and Interpretation. This Resolution and its interpretation shall be
39 liberally construed and enforced in favor of Monroe County to effectuate its public
40 purpose(s)and policy(ies)of the County. The construction and interpretation of this
41 resolution and all Monroe County Comprehensive Plan provision(s), Florida
42 Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
43 interpretation arises out of, relates to, or is interpreted in connection with this
44 resolution shall be liberally construed and enforced in favor of Monroe County to E
45 effectuate its public purpose(s)and policy(ies)of the County,and shall be construed
4of5
Packet Pg. 1710
L2.b
1 in favor of the BOCC and such construction and interpretation shall be entitled to
2 great weight in adversarial administrative proceedings, at trial, bankruptcy, and on z
3 appeal.
4 0
5 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
6 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
7 governmental, and any other similar defense, immunity, exemption, or protection
8 against any suit, cause-of-action, demand, or liability.
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9
10 Section 8. Severability. If any provision of this resolution, or any part or portion thereof, is
N
11 held to be invalid or unenforceable by any administrative hearing officer or court
12 of competent jurisdiction, the invalidity or unenforceability of such provision, or '
13 any part or portion thereof, shall neither limit nor impair the operation,
14 enforceability, or validity of any other provision of this resolution, or any remaining .2
15 part(s) or portion(s) thereof. All other provisions of this resolution, and remaining
16 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
17
18 Section 9. Effective Date.This Resolution shall become effective upon approval by the Board
19 of County Commissioners of Monroe County, Florida.
20
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
22 Florida, at a regular meeting held on the21 st day of April, 2021. 0
23 0
24 Mayor Michelle Coldiron
25 Mayor Pro Tem David Rice
26 Commissioner Craig Cates
27 Commissioner Eddie Martinez
28 Commissioner Mike Forster
29
30 BOARD OF COUNTY COMMISSIONERS y
31 OF MONROE COUNTY, FLORIDA
32
33 By:
34 Mayor Michelle Coldiron
35
36 (SEAL)
37 v)
w
38 ATTEST: KEVIN MADOK, CLERK
39
40 AS DEPUTY CLERK
5 of 5
Packet Pg. 1711
1.2.c
Schemper-Emily
From: Schemper-Emily
Sent: Monday,April 5, 2021 4:19 PM
To: Schemper-Emily
Subject: FW: ROGO Permits
r9
From: catesauto : ail.co: <catesa to( : ail.co: >
Sent: Saturday, February 20, 2021 10:12 AM
To: Leggett-Amanda <Leggett-A: anda( MonroeCo nty-FL.Gov>
Subject: Fwd: ROGO Permits
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting. —�
0
CJ
c�
Begin forwarded message:
From: Hope Casas<hcasas( historictors.co: >
Date: February 17, 2021 at 11:57:26 AM EST
To: catesato( : ail.co: —
Subject: FW: ROGO Permits 2
0
0
Dear Craig:
Since the crisis has gone on for so long and now materials for building are in short supply would it be
possible to extend the ROGO permits for another year?
E
Thank you, CL
Ed Swift, III
1
Packet Pg. 1712
1.2.c
From: Schemger Emily
To: Don Craig
Cc: Smith-Alison
Subject: RE: ROGO permits-is there a need for additional COVID-related extensions?
Date: Monday,October 5,2020 5:07:14 PM
From: Don Craig<dcrai ( soottswoodlaw.com>
Sent: Monday, October 5, 2020 5:06 PM
To: Schemper-Emily<Schemaer-EmilyC IVlonroeCounty-1=L_.Gov>
Subject: Re: ROGO permits- is there a need for additional COVID-related extensions?
CAUTION:This email originated from outside of the County. Whether you know the sender or not,
do not click links or open attachments you were not expecting. '
Emily - I think some additional leeway is appropriate. This issue of COVID is far
from over despite the Governor's order, which defies logical thinking, the
coming winter and Flu season will again affect the industry and further
extensions will probably be necessary.
Don
Sincerely and Respectfully,
Donald Leland Craig, AIC
2
Land Use Director
Spottswood, Spottswood, Spottswood, and Sterling
305 924 0249
X
Lu
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
E
CL
Packet Pg. 1713
1.2.c
From: Schemger Emily
To: Smith-Alison
Subject: FW: ROGO permits-is there a need for additional COVID-related extensions?
Date: Tuesday,October 6, 2020 10:04:52 AM
From: Christina Weinhofer<cweinhofer2swhfla.com>
r9
Sent: Monday, October 5, 2020 7:01 PM
x
To: Schemper-Emily<Schemaer-EmilyC IVlonroeCounty-FL.Gov>
Cc: Hurley-Christine <Hurley-Christine gIVlonroeCounty-1=I._.Gov>; Stankiewicz-Tiffany<Stankiewicz-
Tiffan / VlonroeCounty-1=1._.Gov>; Koconis-Ed <Koconis-EdI IVlonroeCounty-1--I._.Gov>; Rudy Krause
<rksconstfte l lsouth.net>
Subject: Re: ROGO permits- is there a need for additional COVID-related extensions?
0
CAUTION:This email originated from outside of the County. Whether you know the sender or not, �?
do not click links or open attachments you were not expecting.
Thank you for asking. Even though the construction industry didn't slow down much during Covid,
we are still behind. Our company has 20 houses in line ahead of the 6 permits we have coming out
of Rogo. We are a minimum of a year behind. We are short staffed due to no affordable housing. We
are still replacing Hurricane Irma homes as well as new construction. It all started when sewer was
ready. Everyone wanted to build.Then the County announced 6 year build out for vacant lots. Of
course Hurricane Irma followed and now Covid. Not to mention we had to slow down production
due to shortage of building materials. We can't seem to catch a break. I know you say busy is good!
It is also important to keep these permits active or we waste clients time and money. The permits
coming out have not had the opportunity to take advantage of the extension given to this point. We
just need a way to mark time until we can get to them. We can stall a year with temp pole
inspection right now, but that won't be long enough. We need a minimum of two 180 days
Extensions. Pray no more major catastrophes occur. I appreciate you reaching out.
E
Thank you, CL
Christina Sharpe-Weinhofer
Sent from my iPhone
<Resolution 100-2020_temp suspension of ROGO-NROGO expiration.pdf>
Packet Pg. 1714
1.2.c
From: Schemger Emily
To: Smith-Alison
Subject: FW: ROGO permits-is there a need for additional COVID-related extensions?
Date: Tuesday,October 6, 2020 10:26:16 AM
From:Jack Niedbalski <directorC�habitatu erke s.or >
Sent:Tuesday, October 6, 2020 10:03 AM
r9
To: Schemper-Emily<Schemaer-EmilyC IVlonroeCounty-FL_.Gov>
x
Cc: Hurley-Christine <Hurley-Christine 2 VlonroeCounty-FL_.Gov>; Stankiewicz-Tiffany<Stankiewicz-
Tiffan / VlonroeCounty-FL_.Gov>; Koconis-Ed <Koconis-EdI IVlonroeCounty-FL_.Gov>
Subject: RE: ROGO permits - is there a need for additional COVID-related extensions?
CAUTION:This email originated from outside of the County. Whether you know the sender or not,
do not click links or open attachments you were not expecting.
Habitat for Humanity Upper Keys is in favor of extending deadlines.
Thank you.
Jack Niedbalski
Executive Director n
Office:305-453-0050
Fax: 305-453-7887
Cell: 305-664-7328
directorLhabitatupRerlkeysorg
U
0
x
q"ii4srir VI�Mtt�{S'��
Hab*ltat
for Humanity'
w
Packet Pg. 1715
1.2.c
From: Schemger Emily
To: Smith-Alison
Subject: FW: ROGO permits-is there a need for additional COVID-related extensions?
Date: Tuesday,October 6, 2020 10:26:56 AM
From: Don Horton <donC@icm.build>
Sent:Tuesday, October 6, 2020 9:09 AM
r9
To: Schemper-Emily<Schemaer-EmilyC IVlonroeCounty-1=L_.Gov>
x
Subject: RE: ROGO permits - is there a need for additional COVID-related extensions?
CAUTION:This email originated from outside of the County. Whether you know the sender or not,
do not click links or open attachments you were not expecting.
I have one in particular that is going to have an issue.
Donald W. Horton CBO, CRC
Island Construction Management Inc.
DHorton Construction Co. LLC
Don @icm.build n
C. 305-522-2062
0. 305-852-9607
NOTICE:It is OK to print this email.Paper is a plentiful,biodegradable,renewable,recyclable, sustainable product 2
made from trees that are grown for this purpose.
The production of paper and other forestry products uses renewable natural resources, sequesters carbon and toj
provides jobs and incomes for millions of Americans. '
0
If the reader of this message is not the intended recipient,you are hereby notified
that any dissemination,distribution or copying of this communication is strictly prohibited.
X
CL
Packet Pg. 1716
1.2.c
Schemper-Emily
From: Jim Saunders <jsaunders@bayviewdev.com>
Sent: Tuesday, October 6, 2020 10:17 AM
To: Schemper-Emily
Cc: Hurley-Christine; Stankiewicz-Tiffany; Koconis-Ed
Subject: RE: ROGO permits - is there a need for additional COVID-related extensions?
r9
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
e suggest ROGO clients be granted addltlo al exte sloe.
Most permlts coml g out of ROGO need to be revlsed to meet current b lldl g codes. We are stlll
experle cl g delays for e gl eerl g. An example wlth modular homes, the factory used to take less than a
month to get new state certlfled plans needed for the revlslon. These factorles are now to l g as lung as 90
days for state approved plans, and the revlslon cannot be s bmltted wltho t these state approved plans. Even
wlth the b lldl g department's back to "normal" rules, the l ablllty to de In face meetl gs slows the process. �?
A non-county related major lss e is b lldl g supply shortages and supply chaln dlsr ptlo s whlch have
slglflcatly lcreased short terra costs. Bch of the blldlg lumber has almost doubled In cost or is
avallable altogether. Other materlals are also In short supply due to net allowl g supply shlps from certal
countrles to duck In the US. Our modular suppliers feel when the supply shortage caused by net bel g able to
get forelgn made supplies and Canadlan lumber is resolved. that prlces wlll come back down. day ROGO
customers can't handle the slg lflca t prlce l crease caused by materlal shortages, and don't want to get thelr
ROGO allocatlon untll prlces stablllze or come back down. Some ROGO allocatlon reclple is wlll be forced to
sell due to prlce l creases, but thelr let wlll have little values wltho t an allocatlo . A new buyer wlll most
Rely want to redeslgn what was approved wlth the orlgl al ROGO allocatlon and that process is to l g longer
than was normal.
0
I am net s ggestl g a long exte slo , but the COVID lss e has changed many thl gs we took as common, and
x
changed the b lldl g dy amlc. B llders are stlll bel g adversely affected. Unfortunately at thls pol t we stlll Lu
don't have answers as to when supply matters wlll Improve. I feel a 6 month extenslon would be a reasonable —
offer to ROGO allocatlon reclple is who may be affected by these lss es. CL
Slcerely,
Jlm
Jim Saunders
Bayview Development
95175 Overseas Highway, Ste.
Key Largo, FL 33037
Phone: 305-453-4521
Fax: 305-453-4522
Email: jsaunders*bayviewdev.com
i
Packet Pg. 1717
1.2.c
From: Schemper Emily
To: Smith-Alison
Subject: FW: ROGO permits-is there a need for additional COVID-related extensions?
Date: Tuesday,October 6, 2020 12:15:52 PM
Attachments: Resolution 100-2020 temp suspension of ROGO-NROGO expiration.pdf
From: Orlando Perez,Jr. Architect<architectooirQ ahoo.com>
Sent:Tuesday, October 6, 2020 11:21 AM
To: Schemper-Emily<Schemaer-EmilyC IVlonroeCounty-FL.Gov>
Subject: Re: ROGO permits- is there a need for additional COVID-related extensions?
CAUTION:This email originated from outside of the County. Whether you know the sender or not,
do not click links or open attachments you were not expecting. '
Hello Emily,
W
I think it is a good idea as a neutral standpoint where some people may need and some may
not. w
Something reasonable time wise is very considerate on the part of the administration of
Monroe County.
Great Job.
Orlando Perez, Jr. 2
Architect
13054 SW 133 Court %�
Miami, FL 33186
305-971-0052
X
E
Packet Pg. 1718
1.2.c
From: Schemger Emily
To: Smith-Alison
Subject: FW: ROGO permits-is there a need for additional COVID-related extensions?
Date: Tuesday,October 6, 2020 10:26:47 AM
Attachments: NAHB Wells Fargo Housing Market Index Soars to 83 an All-Time High Bui....gdf
From: Frank Herrada <Franl<,@fmhbuilders.com>
Sent: Monday, October 5, 2020 6:09 PM
To: Schemper-Emily<Schemper-Fmily @lVlonroeCounty-FI._.Gov>; 'Mercy Herrada'
<mercy(@fmhbuilders.com>; 1=HFI I AI AC HISTOI ICTOUI S.COVV; infoC remieraoolsoftheke s.com
Subject: RE: ROGO permits - is there a need for additional COVID-related extensions?
CAUTION:This email originated from outside of the County. Whether you know the sender or not, '
do not click links or open attachments you were not expecting.
0
Ms Schemper, c�
My name is Frank Herrada, Yes there are still more needs of extensions for building permits, as of
now is when we are truly seeing the impact of the virus in our local industry of construction, in our
personally business we have had cancellation in work and contracts, due to the lack of supply's y
coming from the mills, and the increases in prices from the local vendors, every day we see more
and more lack on demand of building supply's, please see the link below and the attachement,
attached to this email, my customers fear that their permits may expire do to them not be able to
afford the raise in prices, I would say that an extension of at least two years was needed,this was
right after the big wave of the virus, some items are taking 12 weeks lead time in order to received
them, for example refrigerator I order refrigerators about 4 months ago, Air conditioner units for Uo
new and commercial construction, windows, and other essential items needed for the completion of
a project, I really urge the county officials to consider extending all active permits for at least
another two years to see where this pandemic will take us, I seat in the county board of
X
construction, and some residents think I can do something to make this situation better, I have sent
letter to Mr cater and Ms Hurtly requesting this extension already, please consider this very carefully E
as it will affect a lot of residents in our county. Please do not hesitate to contact me directly 305- C a)L
797-2002 we can discuss further or if could attend the commission meeting I would gladly would like
to attend.
Packet Pg. 1719
9/25/2020 NAHB/Wells Fargo Housing Market Index Soars to 83,an All-Time High I Builder Magazine
NAHB/WELLS FARGO HOUSING MARKET
INDEX SOARS TO 83,1, AN ALL-TIME HIGH
confidence.Lumber prices remain a risk despite a record peak in builder
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Builder confidence rose by five points in September to an all-time high of 83 in the latest edition of the
H / Tells Fargo Housing Market Index. Last onth's reading of 78 had been the last highest in the
history of the survey, matching a record set in December leer 1998.
"Historic traffic numbers have builders seeing positive market conditions, but many in the industry
are worried about rising costs and delays for building materials, especially lumber," says NAHB
chairman Chuck Fow e, a custom home builder fro "T a pa, Fla. "More domestic lumber production
or tariff relief is needed to avoid a slowdown in the market in the comingmonths."
https://www.builderonline.com/data-analysis/nahb-wells-fargo-housing-market-index-soars-to-83-an-all-time-high_o?utm_source=news) Packet Pg. 1720
9/25/2020 NAHB/Wells Fargo Housing Market Index Soars to 83,an All-Time High I Builder Magazine
'The HMI measures brander perceptions of current single-family home sales and sales expectations
based on a monthly survey that the NAHB has conducted for 35 years. Scares across three components
—current single-family home sales, sales expectations for the next six months, and traffic of
prospective buyers—are used to calculate a seasonally adjusted index where any number above 50
indicates that more builders view industry conditions as good than as poor.
All three indices posted record highs in September at the national level. 'The index of current sales
conditions rose four points to 88, the measure of sales expectations rose six points to 84, and the
measure of traffic of prospective buyers rose nine points to 7
.t the regional level, the three-month moving average score for the Northeast rose by 1 points to 76.
'The same score rose by nine points to 72 in the Midwest, eight points to 79 in the South, and seven
points to 85 in the Nest.
c
U
"Lumber prices are now up more than 170 since mid-April, adding more than $16,000 to the price of �
a typical new single-family home,"' says NAHB chief economist Robert Dietz. "'That said, the suburban
sift for home building is beeping builders busy, supported on the demand side by love interest rates. LN
In another sign of this growing tread,builders in other parts of the country have reported receiving
calls from customers in high-density markets asking about relocating."
0
X
LU
CIL
https://www.builderonline.com/data-analysis/nahb-wells-fargo-housing-market-index-soars-to-83-an-all-time-high_o?utm_source=news) Packet Pg. 1721
1.2.c
From: Schemoer Emily
To: Smith-Alison
Subject: FW: Notification of Sixty Day Deadline to Pick-up Building Permit—Allocation Award for Building Permit Application 20-
10-1003
Date: Friday,October 9,2020 12:33:49 PM
From: Gay Marie <Zaymarie2lCyahoo.com>
Sent: Monday, October 5, 2020 7:37 AM
To: Schemper-Emily<Schemper-Emii14@ Mon roeCounty-FL.Gov>, Hurley-Christine <Hurle -
ChristineCb)IVlonroeCounty-F�.Gov>
Cc: Stankiewicz-Tiffany<Stankiewicz-Tiffany(@ Mon roeCounty-FF.Gov>: cweinhofer(@swhfla.com, 'Rudy
Kause' <rksconstC@)bellsouth.net>
Subject: RE: Notification of Sixty Day Deadline to Pick-up Building Permit—Allocation Award for Building
Permit Application 20-10-1003
CAUTION >
0
CJ
c�
Thanks for the email — First, the offices are still not fully open and some services are done
through emails, drop offs or pickups. Second, the Economy is not back to normal and far from
it which restricts financial issues with property owners and third was this brought back in front y
of the BOCC again for reconsideration and who would make that decision. COVID-19 and it
effects, whether they be health or financial, is not over and I believe that should have been
taken into consideration as the Governor of Florida did with the three more COVID-19
extensions.
2
Please advise as I think this is an important issue. Thank you.
Gay Marie Smith
0
PO Box 1638 v,
Tavernier, FL 33070
x
305-394-8004
E
From: Schemper-Emily<Schemper-IrniiI&Mon roeCounty-F�.Gov> CL
Sent: Monday, October 5, 2020 7:17 AM
To: Gay Marie Smith <Zaymarie21 ahoo.com>, Hurley-Christine <Hurley-ChristineC MonroeCounty-
------------
FF.Gov>
Cc: Stankiewicz-Tiffany<Stankiewicz-Tiffany'@MonroeCounty-F1._.Gov>; cweinhoferL@swhfla.corn
Subject: RE: Notification of Sixty Day Deadline to Pick-up Building Permit—Allocation Award for Building
Permit Application 20-10-1003
Hi Gay Marie,
Back in March when our offices shut down due to COVID-19, we asked the BOCC to approve certain
extensions to allow additional time for ROGO permits that were affected by the office shut down and
the stay at home requirements.
Packet Pg. 1722
1.2.c
Based on the attached BOCC resolution 100-2020 there were 2 extensions related to picking up ROGO
permits:
• ROGO allocations that were already awarded before the state of emergency(March 15), but not
yet picked up were given 180 days from March 15 to pick up.
• ROGO allocations approved by the Planning Commission (in February—the appeal period was in
process) but notification letters not sent out yet were also given 180 days instead of 60, once the
letters were sent. r9
x
Excerpt from Reso 100-2020:
18,
1 ' NOW, THF.RMRE, BE IT ORDAMED BY THE BOARDP COUNTY 0
20 COMNUSSIONERISOF MONROE,C w li
21
22 lip 1, Monroc County is enacting a, 18&day terapomy tougency suspension
23 cxpiraTion of ROGO and NRO60 alkKadw awwd3, due to dw, impacts
2 1 /howl Cwonnvinw Por thaw all ion awaads, for which awed
25 letters issued, prior 4 . 2020,. Bpi I Iding
26 pennits mum be lssu d wiEhia 180, days of March 15, 2020 (on or b<fora >
27 SefAember 1 l*2.020)..notwithstandm4g The dli speciflod in the d letter. Uo
29, §SgWn.& Mmime Cotwty is deferrimg, the lasuance, of allocadon award Wets,. Upon
310, bouance of the a letters, applicmus will be given l days to pick sap
1 buildingtits. Planning_ A n�n tal R i_zncnt may Lu
32 nolif a di,, t grog via _mail, vs , emall addresses art provided in tht
33 application,wher d=utilizi-og mgwgr maiva--nified maiL v,
34
With our offices providing services again and the ROGO quarters back on track,we are back to the 2
"normal" rules under the code. y
0
Applicants who have rr n building plans are given 60 days based on the code below.
0
Sec. 138-25.-Application Procedures for Residential ROGO
X
(h) Expiration of allocation award. Except as provided for in this article, an allocation award shall expire LU
when its corresponding building permit is not picked up after 60 days of notification by certified rnail of E
the award, or, after issuance of the building perrnit, upon expiration of the permit or after failure of theCL
applicant to submit required plan revisions by the required date set forth in subsection (k) or after the
failure to conclude the required coordination with F WS under the Permit Referral Process in Section 122
B(d)(5)� N
(k) Revisions of building permit applications requiring the ROGO allocations). tl building permit
application for a proposed dwelling unit requiring a ROGO allocation rnust be approved prior to
submitting a ROGO application. In the event that the Florida Building Code is ornended between the date
that a ROGO application is submitted and the date on which a building permit, requiring the ROGO
allocations)applied for, is issued(which follows the date on which the required allocations} is
awarded),if necessary, the applicant shall submit plan revisions to the building permit application
demonstrating full compliance with the current Florida Building Code in effect. Fhese plan revisions shall
be submitted within 180 days of the ROGO allocation award date or the applicant shall forfeit the ROGO
allocation award. Following receipt of the plan revisions, the Building Department shall review the
Packet Pg. 1723
1.2.c
revisions os if the application is new(however retaining the sonde building permit nurnher for
administrative purposes),based on the building code,for cornplionce prior to issuance of the building
perrnit requiring the ROGO allocations) by the Building Official. Such mandatory revisions and review are
limited to the modifications necessary to demonstrate cornplionce with the Florida Building Code in effect
of the titre of building permit issuance. Fhis is not applicable to the Land Development Code.
I hope this answers your question. Please let me know if not.
x
LU
***************************************************************
Emily Schemper, AICP, CFM
Senior Director of Planning & Environmental Resources
Monroe County I Planning & Environmental Resources Department
2798 Overseas Highway, Suite 400, Marathon, FL 33050
305.453.8772 >
0
c�
From: Gay Marie Smith <Zaymarie2lC yahoo.com>
Sent: Saturday, October 3, 2020 5:33 PM
To: Hurley-Christine<Hurley-ChristineC MonroeCounty-F�.Gov>
Cc: Schemper-Emily<5chemper-EmilyC MonroeCounty-F�.Gov>, Stankiewicz-Tiffany<Sta nkiewicz-
Tiffan4 MonroeCounty-F1._.Gov>, cweinhoferC@swhfla.corn
Subject: Re: Notification of Sixty Day Deadline to Pick-up Building Permit—Allocation Award for Building
Permit Application 20-10-1003
0
CJ
CAUTION
x
Hello Christine I don't think I need an explanation but was asking why the owners do not have six
months
to pickup their permit. They will not be available to receive the COVID 19 extension as their permit was CL
not active on March 9, 2020 so this leaves us at a loss if their finances have not come back as the
economy has not. Another question was this change heard by the Planning Commission and was
it approved by them and when?
Thanks and I will wait to hear back.
Gay Marie Smith
PO Box 1638
Tavernier, FL 33070
On Oct 2, 2020, at 5:32 PM, Hurley-Christine<Hurley-Christi _"@rnonroecounty-fl.goy>wrote:
Packet Pg. 1724
1.2.c
Emily: Please explain this to Gay Marie.
Christine Hurley,AICP
Monroe County
Assistant County Administrator
305.289.2517
r9
From: Gay Marie Smith <gaymarie2lCyahoo.com>
Sent: Friday, October 2, 2020 2:47 PM
To: Hurley-Christine <Hurley-ChristineCMonroeCounty-FL.Gov>
Subject: Fwd: Notification of Sixty Day Deadline to Pick-up Building Permit—Allocation
Award for Building Permit Application 20-10-1003
0
CAUTION:This email originated from outside of the County. Whether you know the U
sender or not, do not click links or open attachments you were not expecting. c�
Happy Friday! Are the new ROGO permits not being given the six months to pick up the y
Permits as we had been I think? The economy is still not booming. Thanks a bunch
Gay Marie Smith
PO Box 1638 -
Tavernier, FL 33070 2
0
CJ
Begin forwarded message:
From:Stankiewicz-Tiffany<Stankiewicz-Tiffan4L MonroeCounty-FL.Gov>
Date: October 2, 2020 at 2:00:30 PM EDT
To: "gaymane21_Pyahoo.corn" <gaymarie2lC�yahoo.com>
Cc:Antetomaso-Janice <Antetomaso-Janice 2monroecount -fl. ov>, CL
Manning-Michaela <Manning-Michaela'@MonroeCounty-FL.Gov>, McGilvra-
Lisa <McGilvra-LisaC@MonroeCounty-FL.Gov>
Subject: Notification of Sixty Day Deadline to Pick-up Building Permit—
Allocation Award for Building Permit Application 20-10-1003
EMAIL: gaymarie2lCyahoo.com
CERTIFIED MAIL 7015 1730 0001 8279 1613
October 2, 2020
Leonard Vitello
Packet Pg. 1725
1.2.c
376 Sawmill
Lane
Ponte Verde, FL 32082-
Re: Notification of Sixty Day Deadline to Pick-up Building Permit—
Allocation Award for Building Permit Application 20-10-1003
NOT LIKELY TO ADVERSELY AFFECT(NLAA) DETERMINATION
r9
Dear Vitello:
The Planning and Environmental Resources Department (Department)
forwarded a report to the Monroe County Planning Commission that
included a ranking of applications submitted for the third and fourth
quarter, year twenty-eight of the Dwelling Unit Allocation System. On
8/26/2020 the Planning Commission held a public hearing to review the '
report and rankings. As a result of that meeting, and pursuant to Section
138-26 of the Monroe County Land Development Regulations and �?
Resolution 21-20, the Planning Commission granted your application an
allocation award.
LN
The building permit 20-10-1003 will need to be issued by December y
1, 2020. If you do not pick up your building permit by that date, the
allocation award will expire pursuant to Monroe County Code
Sections 138-25(h) and 138-25(k). If the permit is not issued then the
permit shall automatically expire and become null and void
pursuant to Monroe County Code Section 6-102. Once the permit is
issued, you must obtain the required inspection approvals in the
allowable time frames or the permit will expire. If the permit c,
expires, then the allocation award expires which means that the
project would be subject to the ROGO process again. N
The building permit 20-10-1003 cannot be issued until you provide and X
comply with the following items:
E
1. Department of Health permit or a letter from the local sewer CL
authority indicating the residential unit will be on a sewer system
with immediate hook up required.
2. If applicable to your application, coordination with other state or
federal agencies for impacts to wetlands or other surface waters
may be required. This coordination could result in additional
changes to your building plans which would require further
review. If you choose to pick up your permit prior to the
completion of your coordination with the other state or federal
agencies, the County may require you apply for and to receive a
"Notice to Proceed" prior to the commencement of development.
Packet Pg. 1726
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3. Applications cannot be revised that would result in a reduction of
ROGO points which were the basis of the allocation award.
Section 138-25(i)(2) of the Monroe County Land Development
Code, states: "After receipt of an allocation award, and either
before or after receipt of a building permit, but prior to receipt of
a certificate of occupancy, no revisions shall be made to any aspect
of the proposed residential development which formed the basis
r9
for the evaluation review, determination of points and allocation
rankings, unless such revision would have the effect of increasing
the points awarded."
4. Your property is within one or more Species Focus Areas for
federally protected species. In order to meet your obligations
under the Federal Endangered Species Act, you must comply with
the USFWS issued Biological Opinion. Review of your permit
application by the Department has resulted in a determination >
0
that the proposed development is "NOT LIKELY TO ADVERSELY
AFFECT" federally protected species under the Endangered —�—
Species Act. This determination was made based on the permit
application information and may be further based upon the
assumption that you will agree to certain specific conditions
included in the building permit. These conditions may include, but
are not limited to:
1. Providing mitigation to compensate for lost habitat in 2
accordance with Sections 118-2 and 118-8 of the Monroe
County Land Development Code.
1. Acknowledging receipt of a copy of the U.S. Fish and
Wildlife Service's indigo snake protection measures and
agreeing to implement the measures and post the
informational sign on-site during development.
2. Recording a Deed Restriction agreeing that no free-
roaming cats shall be allowed on the subject property. CL
Please contact the Monroe County Planning & Environmental
Resources Department to determine if any of these conditions
apply to your permit.
Please allow ample time to provide and comply with the above
requirements. When you have secured the required documents,
submit them to the Building Department [Upper Keys (305)453-8800;
Middle (305)289-2501 or Lower Keys, or (305) 295-3990] to
coordinate and schedule an appointment for the processing of your
application.
Packet Pg. 1727
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AS INDICATED, PRIOR TO BUILDING PERMIT ISSUANCE THE ABOVE
ITEMS MUST BE COMPLETED. Once the permit is issued, remember to
obtain the required inspection approvals in the allowable time frames
so that the permit does not expire. If the permit expires,then the
allocation award expires, which means the project would be subject to
the ROGO process again.
r9
If you need further information, please contact me at (305)289-2513.
7 Stcur&-i-7
Development Administrator
Monroe County Planning& Environmental Resources
2798 Overseas Hwy., Suite 410
Marathon, FL 33050
Office: 305-289-2513 c
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Cell: 305-394-4653
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Stankiewicz-tiffar C�monroecount -fl. ov
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Packet Pg. 1728
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1 A`
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4
5
6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO.100.2020.
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ENACTING A TEMPORARY SUSPENSION OF THE
12 EXPIRATION OF ROGO AND NROGO ALLOCATION AWARDS,
13 ISSUANCE OF ALLOCATION AWARD LETTERS, -DEFERRING
14 ADMINISTRATIVE RELIEF APPLICATION DEADLINES, AND
15 DEFERRING THE PROCESSING OF NEW AND EXISTING ROGO AND �?
16 NROGO APPLICATIONS AND PLANNING COMMISSION REVIEW
17 FOR QUARTER 3 OF THE ROGO/NROGO YEAR 28 (Jan. 14, 2020-April
18 13,2020).
19 W
20
21 WHEREAS, the Board of County Commissioners is the legislative body of Monroe
22 County,Florida; and
23 '
24 WHEREAS, 'Section 252.38(3)(a), Florida Statutes, gives authority to political
25 subdivisions to declare and enact a State of Local Emergency for a period of up to seven (7)
26 days, thereby waiving the procedures and formalities otherwise required of the political c
27 subdivision by law; and
28
29 WHEREAS,on March 1,2020, the Governor of Florida issued Executive Order Number
30 20-51 directing the State Health Officer and Surgeon General to declare a Public Health n
31 Emergency due to the discovery of COVID-19/novel Coronavirus in Florida; and
32
33 WHEREAS,on March 9, 2020,the Governor of Florida issued Executive Order Number
34 20-52, declaring a State of Emergency for the Stale of Florida related to COVED-19/novel
35 Coronavirus; and
36
37 WHEREAS, COVID-19/novel Coronavirus poses a health risk to Monroe County
38 residents; and
39 c
40 WHEREAS, responding to the threat posed by COVID-19/novel Coronavirus may
41 require extraordinary and immediate actions by Monroe County in order to protect the public
42 health, safety,and welfare of county residents and visitors; and
43
44 WHEREAS, Section 11-1 of the Monroe County Code vests the Mayor with the
45 authority to declare a state of local emergency for a renewable period of up to seven(7)days and
46
1
Packet Pg. 1729
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1 'WHEREAS, the Monroe County Mayor declared a State of Local Emergency on March
2 15, 2020, due to COVID-19/novel Coronavirus, to "initiate protective measures necessary to
3 ensure the health,safety, and welfare of residents and visitors;"and
4
5 WHEREAS, during this period of time, Planning & Environmental Resources
6 Department staff are prioritizing and continuing to process applications already in progress, but LU
7 cannot proceed to required public meetings/hearings, as the County is following the Center for
8 Disease Control and Prevention(CDC)and State Department of Health(DOH)Directives;-and .
9
10 WHEREAS, as such, the Planning &Environmental Resources Department will not be
11 accepting certain new applications for the Planning & Environmental Resources Department,
12 until further notice, including ROGO/NROGO applications; and
13
14 WHEREAS, enacting a temporary suspension of the expiration of ROGO and NROGO
15 allocation awards, which were awarded prior to March 15, 2020, and not already expired, to
16 provide for a period of 180 days to obtain building permits due to the impacts of COVID-
17 19/novel Coronavirus,is necessary to protect the general welfare of the county;
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
21
22 Section 1. Monroe County is enacting a 180-day temporary emergency suspension of the
23 expiration of ROGO and NROGO allocation awards, due to the impacts of
24 COVID-19/novel Coronavirus. For those allocation awards for which award
25 letters were issued prior to March 15, 2020, and not already expired, building
26 permits must be issued within 180 days of March 15, 2020 (on or before
27 September 11,2020),notwithstanding the deadline specified in the award letter.
28
29 Section 2. Monroe County is deferring the issuance of allocation award letters. Upon
30 issuance of the award letters, applicants will be given 180 days to pick up y
31 building permits. The Planning & Environmental Resources Department may
32 notify applicants/agents via email, when email addresses are provided in the
33 application,rather than utilizing regular mail/certified mail. CD
34
N
35 Section 3. Monroe County is deferring the processing of new and existing ROGO and
36 NROGO applications and Planning Commission review for Quarter 3 of the
37 ROGO/NROGO Year 28 (Jan. 14, 2020-April 13, 2020). Quarter 3 of the
38 ROGO/NROGO Year 28 (Jan. 14, 2020-April 13, 2020) and Quarter 4 of the
39 ROGO/NROGO Year 28-(April 14, 2020-July 13, 2020)-shall be combined for
40 evaluation and award of allocations. Any existing pending applications that
41 require public meetings/hearings will not be moved to public meeting/hearing
42 until further notice. E
43
44 Section 4. For applicants notified prior to March 15, 2020, of the eligibility to submit
45 administrative relief applications, notwithstanding the deadline specified in the
46 award letter,the application deadline is tolled for 180 days from March 15,2020.
2
Packet Pg. 1730
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1
2 Section 5. Effective Date. This resolution shall become effective retroactive to March 15,
3 2020.
4
5
6 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
7 Florida, at a regular meeting held on the 15t'day of April,2020.
g
9 Mayor Heather Carruthers Yes
10 Mayor Pro Tem Michelle Coldiron Yes
11 Commissioner Craig Cates Yes
12 Commissioner David Rice Yes
13 Commissioner Sylvia Murphy Yes
14
15 ca
16 BOARD OF COUNTY COMMISSIONERS
17 OF MONROE COU ly
,FLORIDA
BY
20 F �� MAYOR A R C UTHERS`1..7 r
23
24 ��� MADO , CLERK
25
26 as DEPUTY CLERK
27
ILL► GQ �F , E
SYneE m T.VOLLI
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Packet Pg. 1731
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2
3
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO.398-2020
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AUTHORIZING THE SENIOR DIRECTOR OF THE
12 PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT OR
13 HER AUTHORIZED DESIGNEE TO EXTEND THE TIME LIMIT OF
14 ROGO AND NROGO ALLOCATION AWARDS FOR ROGOINROGO
15 YEAR 28 QUARTERS 2, 3 AND 4 AND ROGOINROGO YEAR 29
16 QUARTERS 1, 2 AND 3 FOR AN ADDITIONAL 180 DAYS, AND
17 AUTHORIZING THE MONROE COUNTY BUILDING OFFICIAL OR HIS
18 AUTHORIZED DESIGNEE TO APPROVE AN ADDITIONAL 180-DAY
19 EXTENSION TO THE TIME LIMITS FOR COMMENCEMENT OF
20 CONSTRUCTION AND REQUIRED INSPECTIONS FOR ROGOINROGO X
21 BUILDING PERMITS ISSUED BETWEEN MARCH 10, 2020, AND THE
22 EFFECTIVE DATE OF THIS RESOLUTION, ALL DUE TO THE 0
23 IMPACTS OF THE NOVEL CORONAVIRUS (COVID-19) STATE OF y
24 EMERGENCY.
25
26
27 WHEREAS,the Monroe County Board of County Commissioners(`BOCC","Board",or
28 "Monroe County") is the legislative body of Monroe County, Florida, and constitutes the local
29 legislature of Monroe County,Florida; and
30
31 WHEREAS, Florida Statute § Section 252.38(3)(a), gives authority to political
32 subdivisions to declare and enact a State of Local Emergency for a period of up to seven(7)days,
33 thereby waiving the procedures and formalities otherwise required of the political subdivision by
N
34 law; and co
35
36 WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number
37 20-51 directing the State Health Officer and Surgeon General to declare a Public Health
38 Emergency due to the novel coronavirus (COVID-19) pandemic occurring and spreading in
39 Florida; and
40
41 WHEREAS,on March 9, 2020, the Governor of Florida issued Executive Order Number E
42 20-52,declaring a State of Emergency for the State of Florida related to COVID-19, extended by,
43 in pertinent part, Executive Order Numbers 20-114 and 20-166, amended by Executive Order
44 Number 20-192, and extended by Executive Order Number 20-213; and
45
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Packet Pg. 1732
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I WHEREAS, the spreading COVID-19 pandemic poses a health risk to Monroe County
2 residents, as well as to visitors to Monroe County; and
3
4 WHEREAS, responding to the threat posed by the COVID-19 pandemic may require
5 extraordinary and immediate actions by Monroe County in order to protect the public health,
6 safety,and welfare of residents of and visitors to Monroe County; and
7
8 WHEREAS, Section 1I-1 of the Monroe County Code (MCC) vests the Monroe County
9 Mayor with the authority to declare a state of local emergency for a renewable period of up to
10 seven(7)days; and
11 ``
12 WHEREAS,the Monroe County Mayor declared a State of Local Emergency on or about
13 March 15,2020,due to the COVID-19 pandemic,to,in pertinent part,"initiate protective measures
14 necessary to ensure the health, safety, and welfare of residents and visitors"; and
15
16 WHEREAS,Monroe County has recently observed an increase in the number of reported
17 COVID-19 cases; and
18
19 WHEREAS, on April 15, 2020,the BOCC adopted Resolution No. 100-2020, approving
20 a temporary suspension of the expiration of ROGO and NROGO allocation awards by giving
21 additional time for permit issuance for previously awarded allocations,and deferral of ROGO Year
22 28 Quarter 3 applications until the scheduled Quarter 4 allocation period,due to the impacts of the
23 COVID-19 pandemic; and y
24
25 WHEREAS, on August 26, 2020, the Planning Commission approved 54 ROGO awards
26 for ROGO Year 28,Quarters 3 and 4; and
27
28 WHEREAS, Resolution No. 100-2020 did not include extensions for ROGO/NROGO
29 awards in Year 28, Quarters 3 and 4; and
30
31 WHEREAS, pursuant to Sections 138-25 and 138-52 of the Monroe County Land
32 Development Code (LDC), ROGO and NROGO permits which do not require updates to plans
33 based on the building code are given 60 days from the date of the allocation letter to have the
34 permit issued, while permits that do require updated plans based on the building code are given CO
35 180 days from the date of the allocation letter to have the permit issued; and
36
37 WHEREAS, Land Development Code Sections 138-25(h) and 138-25(k) indicate that
38 ROGO allocation awards will expire if building permits are not picked-up/issued or if issued
39 permits expire,thereby requiring property owners to reapply for ROGO allocation awards; and
40
41 WHEREAS, Land Development Code Sections 138-52(i) and 138-52(m) indicate that
42 NROGO allocation awards will expire if building permits are not picked-up/issued or if issued
43 permits expire,thereby requiring property owners to reapply for NROGO allocation awards; and
44
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I WHEREAS, of the 54 ROGO awards approved in August, 51 were given 60 days from
2 the date of the allocation letter to have the permit issued,with a deadline for issuance on December
3 1,2020; and
4
5 WHEREAS, of the 54 ROGO awards approved in August, 15 permits have already been
6 issued; and
7
8 WHEREAS, pursuant to Monroe County Code Section 6-102, if a permit is not issued,
9 then the permit shall automatically expire and become null and void; and
10
11 WHEREAS,the Florida Building Code and Monroe County Code (MCC) Section 6-103
12 provide that permits shall become null and void unless work authorized by the permit is
13 commenced with 180 days and, once commenced,required inspections are conducted within 180
14 days from the last passed inspection; and
15
16 WHEREAS, building permits issued on or before March 9, 2020, were/are eligible for
17 extensions under Executive Order No. 20-52 and subsequent extensions/amendments; and
18
19 WHEREAS, 52 ROGO building permits which had pending permit issuance deadlines
20 have been issued between March 10,2020 and October 23,2020,and are therefore not eligible for
21 state of emergency extensions under the Governor's Executive Order No. 20-52 and subsequent
22 pertinent extensions/amendments; and 0
23
24 WHEREAS, the construction industry in Monroe County has provided feedback to the
25 Monroe County Planning and Environmental Resources Department indicating that, due to the
26 impacts of the COVID-19 pandemic, additional time is needed to meet the deadlines required for U
27 ROGOINROGO permits; and
28
29 WHEREAS, the above-referenced feedback received includes that property owners are
30 still replacing homes from Hurricane Irma, in addition to developing homes subject to ROGO,
31 thereby creating a higher demand on building materials, that public health and medical protocols
32 necessitated by the COVID-19 pandemic have restricted production levels of building materials
33 and other materials have slowed creating a shortage of product, and due to the COVID-19
34 pandemic the building dynamic has changed and increased the cost of development; and co
35
36 WHEREAS, the BOCC wishes to address these concerns expressed by the construction
37 industry regarding the impacts of the COVID-19 pandemic on the ability to meet required
38 timelines for construction;
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY,FLORIDA: E
42 c
43 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
44 are hereby incorporated as if fully stated herein.
45
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Packet Pg. 1734
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I Section 2. Applicants notified of an allocation award for ROGOINROGO Year 28, Quarter 3
2 and 4, who were given 60 days to pick up permit shall be given an additional 180
3 days to pick up the permit providing for a new expiration date of May 30, 2021,
4 The Planning and Environmental Resources Department will notify
5 applicants/agents via e-mail,when e-mail addresses are provided in the application,
6 rather than by utilizing regular mail or certified mail to applicants with un-issued
7 building permits,notwithstanding the deadline specified in the award letter.
8
9 Section 3. Applicants notified of an allocation award for ROGO/NROGO Year 28, Quarter 3
10 and 4, who were given 180 days to pick up permit shall be given an additional 180
11 days to pick up permit providing for a new expiration date of September 27,2021.
12 The Planning and Environmental Resources Department will notify
13 applicants/agents via e-mail,when e-mail addresses are provided in the application,
14 rather than utilizing regular mail or certified mail to applicants with un-issued
15 building permits,notwithstanding the deadline specified in the award letter.
16 0
17 Section 4. Applicants still pending notification of an allocation award for ROGO/NROGO
18 Year 28, Quarter 3 and 4, shall be given 240 days if building plans are current, or
19 360 days if building plans are required to be updated, to pick up the permit. The
20 Planning and Environmental Resources Department will notify applicants/agents
21 via e-mail,when e-mail addresses are provided in the application,and/or by regular
22 mail or certified mail, notwithstanding the days specified in Monroe County
23 Code(s). y
24
25 Section 5. Applicants who are approved for allocation awards by the Planning Commission
26 for upcoming ROGO/NROGO Year 29,Quarters 1,2, and 3,(Application periods
27 July 14, 2020 through April 12, 2021; Planning Commission Hearings for awards
28 scheduled to be held in November 2020, February 2021, and May 2021) shall be
29 given 240 days if building plans are current, or 360 days if building plans are
30 required to be updated, to pick up the permit. The Planning and Environmental
31 Resources Department will notify applicants/agents via e-mail, when e-mail
32 addresses are provided in the application, and/or by regular mail or certified mail,
33 notwithstanding the days specified in Monroe County Code(s).
N
34 co
35 Section 6. Applicants who have ROGO/NROGO building permits that were issued between
36 March 10, 2020 and the effective date of this Resolution shall be eligible for an
37 additional 180-day extension, notwithstanding Monroe County Code Section 6-
38 103, for commencement of construction and/or required inspections,provided that y
39 the permit meets the following criteria:
40
41 1) The building permit is not expired; E
42 2) The building permit is not eligible for Executive Order Extension(s) from 20- e
43 52 or subsequent extensions/amendments; and
44 3) The property owner applies for a 180-day extension as prescribed by the
45 Monroe County Building Department on or before January 31,2021.
46
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l Section 7. The extensions provide herein shall run concurrently with any other relevant
2 extension(s) available and timely and lawfully obtained.
3
4 Section 8. The Monroe County Building Official or his authorized designee, and the Senior
5 Director of the Planning and Environmental Resources Department or her
6 authorized designee, are hereby authorized to render extension decisions pursuant
7 to and in accordance with this Resolution.
8
9 Section 9. Construction and Interpretation. This Resolution and its interpretation shall be
10 liberally construed and enforced in favor of Monroe County to effectuate its public
1 I purpose(s)and policy(ies)of the County.The construction and interpretation of this
12 resolution and all Monroe County Comprehensive Plan provision(s), Florida
13 Building Code, Florida Statutes, and Monroe County Code(s)provision(s) whose
14 interpretation arises out of, relates to, or is interpreted in connection with this
15 resolution shall be liberally construed and enforced in favor of Monroe County to
16 effectuate its public purpose(s) and policy(ies)of the County, and shall be deferred
17 in favor of the BOCC and such construction and interpretation shall be entitled to --
18 great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
19 appeal.
20
21 Section 10. No Liability.Monroe County expressly reserves and in no way shall be deemed to
22 have waived, for itself or for its officer(s),employee(s),or agent(s),any sovereign,
23 governmental, and any other similar defense, immunity, exemption, or protection
24 against any suit,cause-of-action,demand,or liability.
25
26 Section 11. Severability. If any provision of this resolution, or any part or portion thereof, is
27 held to be invalid or unenforceable by any administrative hearing officer or court
28 of competent jurisdiction, the invalidity or unenforceability of such provision, or
29 any part or portion thereof, shall neither limit nor impair the operation,
30 enforceability,or validity of any other provision of this resolution,or any remaining
31 part(s) or portion(s)thereof. All other provisions of this resolution, and remaining
32 part(s)or portion(s)thereof, shall continue unimpaired in full force and effect.
CD
33
34 Section 12. Effective Date.This resolution shall become effective November 17, 2020. co
35
36 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
37 Florida, at a regular meeting held on the 17'day of November,2020.
38 0
39 Mayor Miche le Coldiron Yes
40 Mayor Pro Tem David Rice Yes
41 Commissioner CraigAbsent
42 Commissioner Eddie Martin z Yes
43 Commissioner Mike Forster Yes
44
45 BOARD OF COUNTY COMMISSIONERS
46 OF MONROE COUNTY, FLORIDA
47
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$s By:
Mayor Michelle Coldiron
MONROE Ca ATTORNEY
APP TO FORM
7 A : KEVIN MADfl CLERK PETER MORRIS uj
$ ASSISTANT COUNTY ATTORNEY
Doe:
9 AS D PUTY CLERK
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