Item N3 N.3
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: N.3
Agenda Item Summary #10967
BULK ITEM: No DEPARTMENT: BOCC District 4
TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289-6000
Yes
AGENDA ITEM WORDING: Discussion and direction to staff regarding a requested dog park for
Duck Key by Duck Key Property Owners Association. A parcel at 104 Jamaica Street has been
identified by the association for this proposal.
ITEM BACKGROUND: The Duck Key Property Owners Association recently wrote the
County expressing interest in a County owned lot that is located at 104 Jamaica Street on Duck
Key for use as a dog park. The Board has several options to consider in response:
1. Initiate the process to convey the property to DKPOA under Section 2-421, et seq. of the
County Code. That process contemplates the BOCC adopting a resolution authorizing the
solicitation of offers and setting whatever minimum bid terms the Board determines
appropriate. That resolution would be brought forth at a subsequent BOCC meeting. If
passed, notice would be sent to all property owners associations having jurisdiction over the
property with information set forth in the resolution. That notice must include a deadline at
least 30 days in the future for the POA to respond with its interest and amount of its bid. If
the POA responds with an offer, an agenda item will be scheduled at the next BOCC meeting
that is held within 40 miles of the subject property to consider that proposal.
2. Initiate process to gauge interest of contiguous property owners under Section 2-416, et seq.
of the County Code. That process is similar to the process for property owners associations
but includes sending notice to all adjacent property owners to solicit bids for the property.
3. Create a County park on the property, which would be open to the public at large.
4. Maintain the status quo.
The Board could opt to solicit bids simultaneously from both the POAs and contiguous property
owners (Options 1 & 2) and defer a decision until reviewing all bids received.
Packet Pg. 2761
N.3
The purpose of such transfers is to return County owned property not needed for a public use to
private ownership. This will return the lots to the tax rolls and eliminate the public expense of
maintaining the lots. All lots disposed under this program would be stripped of the right to build
a residence, thus contributing to the County's density reduction goals. Proceeds of any such sale
would be returned to the land acquisition fund to buy more lots for density reduction purposes.
The subject lot(RE: 00379540-000000)was the subject of a code compliance case where the
lien had reached approximately $545,000 due to the construction of a partially built home that
the owners abandoned. The County acquired the lot for$5,703.19 when there we no bids for the
tax deed sale in 2020. This route was chosen over the lengthier and often more expensive
foreclosure process. The County later paid to demolish the partially built, unsafe structure. In
2021, the County paid $2,237.64 to satisfy the remaining tax certificates. Those costs could be
recovered if authorized to be included in the minimum bid requirements for disposition to either
a POA or a contiguous lot owner.
PREVIOUS RELEVANT BOCC ACTION: On 12/19/18, the BOCC authorized foreclosure of
the code lien; on 10/21/20, the BOCC authorized acquisition through tax deed process in lieu of
foreclosure; and on 6/19/21, the BOCC authorized paying off outstanding property tax certificates.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
DKPOA Dog Park Letter 8-1-22
Disposition Program Ordinances (Contiguous and Neighborhood) Sections 2-416 thru 2-423 of the
Monroe County Code
B. McKinney email re Dog Park on Duck Key
Schwarz email supporting dog park on Duck Key
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:
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N.3
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
David Rice Skipped 08/02/2022 2:01 PM
Bob Shillinger Completed 08/02/2022 3:24 PM
Lindsey Ballard Completed 08/02/2022 3:30 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
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Du Property Owners' Association
August 1, 2D22
Dear David Rice and Christine Hurley
| am writing you today asafollow up to o discussion we have had with David Rice and Christine Hurley on a
property Monroe County now owns after a code compliance violation was actioned and closed at 104 Jamaica
Street Duck Key, Florida 33O5O - Parcel |DOO@7954O-OU0OUO. Duck Key Property Owners Association would
like to enter into discussion on this property's ownership with the intent of making it into a Dog Park for Duck
Key Residents. We are looking to understand what the process would be for DKPOA to take ownership of this
property from the county and what the restriction on the property would be. Monroe County took ownership of ~~
this property on1O/�1/�OinaTaxDeedtransacti�nfor�SQOO. Q�sedon �his �ropertyva|uevvewou|da|so |ike �
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to understand the annual tax liability for this property going forward. .
Please let me know what the next steps would be to continue this conversation. uL
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Sincerely, '
Ron Oeotreicher
President DKPOA
The DKPO4Board: Ron Oestreicher, President; John Schwarz, VP; Karen White, Secretary,- Jan Anderson, r*
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Treasurer; Dr. James Bicknell, Barbara McKinney, Michael Solomon,John Wolfe, Directors. 00
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From: ppbbaCaol.com
To: Shillinaer-Bob
Cc: ron.oestreicherCca7omail.com
Subject: Dog Park on Duck Key
Date: Tuesday,August 09,2022 11:37:37 AM
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.
Dear Mr. Shillinger,
Duck Key is growing with families and pet's, leash laws in place, many concerned dog owners are looking
to the creation of dog parks as a solution to their need for a place to spend quality time with their pets. A
dog park provides an outlet for dog owners to socialize and exercise their dogs. Dog parks are a great
place for owners to meet other people with common interests. The love people share for their dogs
reaches beyond economic and social barriers and helps foster a sense of community. Duck Key is a CL
prime example of this. Many of us would have never met if it was not for our pets and have become life 0
long friends. Our daily dog walks have had many conversations about a place on our island to make a
place for our pets to run, play, exercise and be safe. We would like to establish a fenced-in, offleash dog
park where they can exercise in a clean, safe environment without endangering or annoying people or g
property. Hope that you will help us make this happen. I would gladly meet and speak with you at any
time. My cell is 304-276-6528. Looking forward to the August 17th meeting.
Thank you for your consideration as we embark on this great project for our community.
Barbara McKinney
Duck Key
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From: John S.
To: Shillinaer-Bob
Subject: dog park on Duck Key
Date: Tuesday,August 09,2022 4:46:50 PM
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.
Dear Bob,
I am writing in support of the request from the DKPOA to provide a dog park for the Duck
Key residents on one of the lots currently owned by the County. I am sure it will be very
much appreciated by the many dog owners on the island.
Best Regards,
John Schwarz
Duck Key resident and member of DKPOA.
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8/11/22,3:30 PM Monroe County, FL Code of Ordinances
Sec. 2-416. - Contiguous disposition (resale) program definitions and standards.
(a) Definitions. In sections 2-416 through 2-423 of the Code, the following terms are defined as follows:
Accessory uses and accessory structures shall have the meaning provided in section 101-1 of the land
development code;
Contiguous shall mean parcels of land sharing a common border at more than a single point of intersection.
(b) Standards.The county may, at the board's sole discretion, initiate by resolution the sale of real property
belonging to the county to contiguous residential property owners in accordance with the following
standards:
(1) The county determines the desire to dispose of parcels of real property belonging to the county;
(2) The county finds that it is in the best interest of the county to offer a parcel for accessory uses and/or
accessory structures permitted by the comprehensive plan and land development code.
(3) The parcel to be disposed of is of use to one or more contiguous residential property owners who have
already built and currently have an existing residential structure as its principal structure/use.
(4) Purchasers shall be prohibited from seeking a permit for a residential dwelling unit on the parcel, based
on the overriding public interest of:
a. Reducing hurricane evacuation clearance times;
b. Reducing the demands on public facilitates and infrastructure; and/or
c. Protecting property owner rights,thus avoiding unnecessary costs associated with defending
property rights claims;
(5) The parcel shall be deed restricted to prohibit prospective purchasers, their heirs, successors, and
assigns from seeking:
a. A permit for the construction of a residential dwelling unit;
b. Points in the rate of growth ordinance(ROGO)application process for receiving a ROGO allocation;
and/or
c. New accessory structures with habitable space.
(6) The deed restriction shall not prohibit the construction of accessory structures without habitable space, if
allowed by the county codes; nor
(7) The parcel shall be combined with the parcel containing the principal structure by recording a unity of
title in the official records of Monroe County, Florida; and
(8) The county shall set a minimum purchase price based upon an appraisal of the parcels to be offered for
sale based on the parcels'value without development rights.
(9) Notwithstanding the standards set above, the following parcels are ineligible for this disposition program:
a. Parcels containing protected habitat, acquired as conservation land, or being managed as
conservation land;
b. Parcels dedicated to the county for ROGO points for conservation purposes;
c. Parcels owned by Monroe County Comprehensive Plan Land Authority; and
d. Parcels purchased with grant funds requiring conservation or requiring county ownership in
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8/11/22,3:30 PM Monroe County, FL Code of Ordinances
perpetuity.
( Ord. No. 001-2022 , § 7)
Sec. 2-417. - Contiguous disposition (resale) program process.
(a) Notice of the county's interest in disposing of eligible parcels shall be sent to owners of contiguous properties
by certified mail to the name and address on file with the Monroe County Property Appraiser. The notice
shall establish deadline, at least 30 days from the date of the notice, for bidders to respond on a bid form to
be provided by the county that indicates:
(1) The bidder's interest in purchasing the parcel(s) being offered for disposition;
(2) The minimum bid price established by the county;
(3) The amount of the bid to purchase the parcel(s);
(4) The bidder's willingness and ability to close in six months; and
(5) A statement that if the highest qualified bidder does not close on the transaction within 180 days from
the county's acceptance of the bid, the county may at its sole discretion move to next lowest bidder.
(b) If the county is disposing of two or more contiguous parcels,then all homeowners of any contiguous parcel
being sold shall be considered eligible buyers and shall be noticed of the pending disposition and invited to
bid.
(c) The bid form shall contain a statement attested to by each prospective bidder that the bidder agrees as a
condition of the bid that:
(1) Each parcel being sold will be subject to a deed restriction prohibiting the construction of a residential
dwelling unit on the parcel and shall only be used consistent with the comprehensive plan and land
development code for accessory uses and structures;
(2) Each parcel being sold shall be combined by unity of title with the contiguous property with the existing
principal residential use;
(3) A bid will not be considered if it does not meet or exceed the minimum purchase price established by the
county by resolution;
(4) The bid will not be considered without a bid deposit a minimum of ten percent of total bid(s); and
(5) Asuccessful bidder forfeit his, her, or their right under the bid if he, she, and/or they fail to close within
180 days of the county's acceptance of the bid.
(d) The county may accept the highest bid or may reject all bids. If the highest bidder does not purchase and
close on the parcel,the county shall have the authority to consider the next highest bidder, provided the bid
meets or exceeds the minimum purchase price established.
(e) All property owners eligible to submit a bid on a particular parcel of property eligible for disposition under
this ordinance [from which this division derives] shall be notified by regular mail of the date,time, and
location of the meeting when the BOCC is scheduled to make a final decision regarding disposition of that
parcel.That notice shall inform recipients of the time and manner for making objections.
( Ord. No. 00 1-2022 , § 8)
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Secs. 2-418-2-420. - Reserved.
Sec. 2-421. - Neighborhood disposition (resale) program standards.
The county may the board's sole discretion initiate by resolution the disposal of qualifying property to a property
owners' association in terms determined by the board to be in the best interests of the county, subject to the following
conditions and limitations:
(1) The board is satisfied that there is an active property owners' association;
(2) The board determines that it is in the best interest of the county to offer a parcel for neighborhood uses,
as permitted by the comprehensive plan and land development code,to that property owners'
association;
(3) The parcel shall be deed restricted to prohibit prospective purchasers from seeking:
(1) A permit for the construction of a residential dwelling unit;
(2) Points in the rate of growth ordinance (ROGO) application process for receiving a ROGO allocation;
(3) New accessory structures with habitable space; and/or
(4) To sell the property without county consent.
(4) Accessory structures without habitable space are permitted, if allowed by the county codes;
(5) The parcel shall be deed restricted with a reverter clause, so that if the property owners' association
dissolves and/or fails to maintain the property,the county may exercise the reverter clause;
(6) Once transferred, the parcel shall be managed by an active property owners' association; and
(7) Other terms and conditions that the county deems just and proper under which it will contemplate the
transfer of ownership to the property owners' association.
(8) The above notwithstanding, the following parcels are ineligible for this disposition program:
a. Parcels containing protected habitat, acquired as conservation land, or being managed as
conservation land;
b. Parcels dedicated to the county for ROGO points for conservation purposes;
c. Parcels owned by Monroe County Comprehensive Plan Land Authority; and
d. Parcels purchased with grant funds requiring conservation or requiring county ownership in
perpetuity.
( Ord. No. 001-2022 , § 11)
Sec. 2-422. - Neighborhood disposition (resale) program process.
(a) Notice shall be sent of the intended action to dispose of eligible parcels, to all property owners' associations
active in a neighborhood in which the property exists.
(b) Notice of the county's interest in disposing of eligible parcels shall be sent to all applicable property owners'
associations having jurisdiction over the subject parcel by certified mail to the registered agent listed with the
department of state.The notice shall establish deadline, at least 30 days from the date of the notice,for the
property owners' association to respond on a form to be provided by the county that indicates:
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(1) The property owner's association interest in purchasing the parcel(s) being offered for disposition;
(2) The minimum bid price established by the county;
(3) The amount of the property owners' association's bid to purchase the parcel; and
(4) Any other terms determined by the board;
(c) The notice shall inform prospective property owners' associations seeking to acquire a parcel that it shall
agree in writing at the time of the transfer that:
(1) Each parcel being conveyed will be subject to a deed restriction prohibiting the construction of a
residential dwelling unit on the parcel, prohibiting the resale of the parcel without county consent, and
shall only be used consistent with the comprehensive plan and land development code for neighborhood
uses and structures;
(2) The property owners' association (association) shall maintain the property and that the parcel shall be
subject to a reverter clause providing that the parcel may return to county ownership if the association
dissolves and/or fails to properly maintain the parcel, in which case the parcel shall revert back to the
county; and
(3) The board shall retain the option to decide whether it wants to exercise the reverter or not.
(d) If a property owners' association submits a bid in response to the notice, county staff shall agenda an item
for the board's consideration at a BOCC meeting that will be held no more than 40 miles distance from the
subject parcel.
(e) All property owners and property owners' associations eligible to submit a bid on a particular parcel of
property eligible for disposition under this ordinance [from which this division derives] shall be notified by
regular mail of the date, time, and location of the meeting when the BOCC is scheduled to make a final
decision regarding disposition of that parcel.That notice shall inform recipients of the time and manner for
making objections.
(f) Before the county may exercise the reverter, the following must occur:
a. The board shall authorize the exercise of the reverter clause;
b. The county must notify the association by certified mail sent to the registered agent on record with
the Secretary of State, indicating the maintenance deficiencies, providing an opportunity to cure, and
indicating the intent to exercise the reverter if not cured;
c. The county must notify the property owners in the subdivision(s) affiliated with the property owners'
association, using the most recent address recorded with the Monroe County Property Appraiser of
same of the board's intention to exercise the reverter; and
d. The county shall publish a notice in a newspaper authorized by statute to publish legal notices in the
county, providing notice of the intent to exercise the reverter.
(g) In the event of an exercise of the reverter,the association shall execute a deed to the county for the subject
property. If the association does not produce a deed to the county for the subject property,then the county
may seek a court order confirming the reversion has occurred.
( Ord. No. 001-2022 , § 12)
Sec. 2-423. - Revenue.
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Any revenue derived from the disposition/sale of parcels shall be deposited to Fund 316, the fund used to pay for
land acquisitions under the density reduction and/or less than fee programs.
( Ord. No. 001-2022 , § 13)
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