Item Q17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16. 2007 - KL
Bulk: Item: Yes XX No
Division: County Attorney
Staff Contact Person: Susan Grimsley
AGENDA ITEM WORDING:
Approval of a resolution amending Resolution No. 420-2005 to continue to toll the time limits of
Section 9.5-122.1(g) and Section 6-20, Monroe County Code, for any applicant receiving a ROGO
allocation award or building permit holder that meets the criteria until the injunction is stayed or lifted,
retroactive to 5/15/2006.
ITEM BACKGROUND:
The U. S. District Court for the Southern District of Florida entered a permanent injunction preventing
FEMA from issuing flood insurance polices for residential and commercial development commenced
after 9/9/2005, until U. S. Fish and Wildlife Services has complied with the Court's Order of 3/20/05.
On 11/15/2005 the Board adopted Resolution No 420-2005 to allow Growth Management to toll the
time limits of Section 9.5-122.1(g) and Section 6-20, Monroe County Code, for obtaining a building
permit or required permit inspections for those who meet the criteria"... for a maximum of 180 days
or until the injunction is stayed or lifted, whichever comes first." In that the injunction has not
been stayed or lifted, the need still exists to toll the time limits for those who meet the criteria in
Resolution No. 420-2005. This Resolution amends Resolution No. 420-2005 to allow the Growth
Management Director to continue to toO the time limit requirements until the injunction is stayed
or lifted, retroactive to 5/15/2006 (the original 180-day expiration date).
PREVIOUS RELEVANT BOCC ACTION:
10/19/2005 BOCC conceptually approved preparation of a resolution to toll the time limits for
applicants with ROGO allocation awards and other permit holders who are unable to proceed with
financing and construction of their residential projects due to the injunction
11/16/2005 BOCC approved Resolution No. 420-2005 establishing criteria and setting effective dates
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/ A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No xx
AMOUNT PER MONTH_ Year
APPROVED BY: County Arty -X- OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOsmON:
Revised 2/05
AGENDA ITEM #
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AMENDING RESOLUTION NO. 420-2005 TO ALWW THE
GROWTH MANAGEMENT DIVISION DIRECTOR TO CONTINUE TO TOLL
THE TIME LIM:IT REQUIREMENTS FOR OBTAINING A BUILDING PERMIT
OR REQUIRED PERMIT INSPECTIONS FOR PROPERTIES ADVERSELY
IMPACTED BY THE COURT ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE POLICIES UNDER THE NATIONAL
FLOOD INSURANCE PROGRAM UNTIL THE INJUNCTION IS STAYED OR
LIFTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT BEREWIm; AND PROVIDING FOR
AN EFFECTIVE DATE.
- 2007
WHEREAS, the U. S. District Court for the Southern District of Florida entered a permanent
injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing flood insurance
policies for residential and commercial development commenced after September 9, 2005, until such time
as U. S. Fish and Wildlife Service has demonstrated compliance with that Court's order of March 20,
2005~and
WHEREAS, Section 9.5-122.1(g), Monroe County Code dictates that the ROGO allocation award
and corresponding building permit expire within sixty (60) days of notification from the date of the mailing
of the allocation award~ and
WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code provides that
permits shall become null and void unless work authorized by the permit is commenced within 180 days or
required inspections are conducted within 180 days from the last required inspection~ and
WHEREAS, an unknown number of applicants receiving a ROGO allocation award or permit
holders may be financially unable to proceed with the financing and construction of their homes without
federally backed flood insurance~ and
WHEREAS, on the 16th day of November, 2005, the Board of County Commissioners approved
Resolution No. 420-2005 which states:
Section 1. The Growth Management Director or his designee is
authorized to toll the time limits of Section 9.5-122.1(g) and Section 6-
20, Monroe County Code for any applicant receiving a RaGa
allocation award or building permit holder that meets the follOWing
criteria:
1). The property, which is the subject of the RaGa allocation
award or building permit, is on the list of parcels subject to the Court
ordered injunction for new flood insurance; and
2) The holder of the RaGa allocation award of building permit
shall provide written proof to the Building Department of the denial of
either an application for flood insurance for the subject property or
denial of financing by a lender due to the inability to obtain flood
insurance.
1
"Section 2. The applicable ROGO allocation award of building permit meets
all the criteria in Section 1 above may be tolled for a maximum of 180 days or
until the injunction is stayed or lifted, whichever comes first. "
WHEREAS, the permanent injunction preventing the Federal Emergency Management Agency
("FEMA") from issuing flood insurance policies for residential and commercial development commenced
after September 9,2005, has not yet been lifted; and
WHEREAS, it is still necessary to toll the time limits of Section 9.5-122.1(g) and Section 6-20,
Monroe County Code for any applicant receiving a ROGO allocation award or building permit holder that
meets the criteria set forth in Section 1. of Resolution No. 420-2005 until the injunction has been lifted;
NOW THEREFO~, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. That Section 2. be amended to read:
Section 2. The applicable ROGO allocation award or building permit that
meets all criteria in Section 1 above may be tolled for a maximum of 180 days
eF until the injunction is stayed or lifted, wlliahever aomes first.
2. This Resolution shall be effective retroactive to May 15, 2006 and will remain
in effect until the injunction is stayed or lifted.
PASSED AND ADOPTED by the Board of Coun~ Commissioners of Monroe County, Florida at
a regularly scheduled meeting of said Board held on the 16 day of May, 2007.
Mayor Mario DiGennaro
Mayor Pro Tem Dixie Spehar
Comm,ssioner George Neugent _
Comm,ssioner Charles "Sonny" McCoy _
Commissioner Sylvia Murphy
(SEAL)
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairperson
2
SUSAN M. G
ASSISTANT CO UN
Date r - ..rO 7
RESOLUTION 420 -2005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE GROWTH
MANAGEMENT DIVISION DIRECTOR TO TOLL
THE TIME LIMIT REQUIREMENTS FOR
OBTAINING A BUILDING PERMIT OR REQUIRED
PERMIT INSPECTIONS FOR PROPERTIES
ADVERSELY IMPACTED BY THE COURT
ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE
POLICIES UNDER THE NATIONAL FLOOD
INSURANCE PROGRAM PENDING RESOLUTION
OF SAME, OR 180 DAYS, WHICHEVER FIRST
OCCURS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPF;AL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
DIRECTING THE PLANNING DIRECTOR TO
FORWARD A CERTIFIED COPY OF THIS
RESOLUTION TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the U.S. District Court for the Southern District of Florida entered a
permanent injunction preventing the Federal Emergency Management Agency ("FEMA")
from issuing flood insurance policies for residential and commercial development
commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service
has demonstrated compliance with that Court's order of March 20,2005; and
WHEREAS, the Court's Orders have imposed severe limitations on new
construction for all but the most wealthy property owners in the affected areas; and
WHEREAS, the Growth Management Division staff estimates that over 60
percent of the applicants recently receiving RooO allocation awards are adversely
affected by the injunction; and
WHEREAS, Section 9.5-122.1(g), Monroe County Code dictates that the ROGO
allocation award and corresponding building permit expire within sixty (60) days of
notification from the date of the mailing of the allocation award; and
WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code
provides that permits shall become null and void unless work authorized by the permit is
Page 1 of3
commenced within 180 days or required inspections are conducted within 180 days from
the last required inspection; and
WHEREAS, an unknown number of these applicants recelvmg a ROGO
allocation award or permit holders may be financially unable to proceed with the
financing and construction of their homes without federally backed flood insurance; and
WHEREAS, it is uncertain how long the Court ordered injunction on issuance of
flood insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes; and
WHEREAS, at the Board of County Commissioners' October 19,2005, regularly
scheduled meeting, the Growth Management Division staff received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
permit time limits for those applicants with ROGO allocation awards and other permit
holders who are unable to proceed with the financing and construction of their residential
projects; and
WHEREAS, the Growth Management Division staff has prepared this resolution
based on the direction provided by the Board of County Commissioners.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
to toll the time limits of Section 9.5-122.1 (g) and Section 6-20, Monroe County Code for
any applicant receiving a ROGO allocation award or building permit holder that meets
the following criteria:
1) The property, which is the subject of the ROGO allocation award or
building permit, is on the list of parcels subject to the Court ordered
injunction for new flood insurance; and
2) The holder of the ROGO allocation award or building permit shall provide
written proof to the Building Department of the denial of either an
application for flood insurance for the subject property or denial of
financing by a lender due to the inability to obtain flood insurance.
Section 2. The applicable ROGO allocation award or building permit that meets all
the criteria in Section 1 above may be tolled for a maximum of 180 days or until the
injunction is stayed or lifted, whichever comes first.
Page 2 of 3
Section 3. This resolution shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with Chapter 380 of the Florida Statutes.
Section 4. This resolution shall be filed in the Office of the Secretary of State of the
state of Florida, but shall not become effective until approved by the Department of
Community Affairs or Administrative Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regularly scheduled meeting of said Board held on the 16th day of November,
2005.
Mayor Charles "Sonny McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Nugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~Q.... ~;h~ By
Deputy Clerk
MaYOr~erson
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