Item O15 015
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
August 21, 2024
Agenda Item Number: 015
2023-2882
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
AGENDA ITEM WORDING: Approval of a resolution in support of the City of Marathon's request
to be awarded up to ten additional BPAS allocations out of the 220 allocations which the Florida
Commerce model indicates are available to be issued before the 24 hour limit would be reached.
ITEM BACKGROUND:
ROGO and BPAS allocations have been distributed by the State to the County, Key West, Marathon,
and Islamorada according to a schedule memorialized in a 2012 Memorandum of Understanding and
the Florida Administrative Code. The City of Marathon receives 10 allocations per year, which it
awards on a semi annual basis. Last month, the City awarded the last of the BPAS allocations it was to
receive under the distribution schedule.
In anticipation of the City exhausting its supply of allocations, City Manager George Garrett wrote to
Florida Commerce Secretary Alex Kelly on March 20, 2024 asking that the Department request that the
Administration Commission award an additional 5 allocations to be awarded out of the 220 allocations
that the November 2023 model runs conducted by the Florida Commerce Department indicate exist
before the 24 hour hurricane evacuation limit is reached. That request was not presented at the June
meeting of the Florida Cabinet sitting as the Administration Commission. In July, the City awarded its
last remaining 5 allocations.
On August 13, 2024, Mr. Garrett updated his request to request ten (10) allocations. The City's request
may be considered as the September 24, 2024 meeting of the Administration Commission. The draft
resolution expresses support for the City's request.
If the City is awarded these additional allocations, the City would not need to borrow allocations from
the County's already limited supply. The City's request is consistent with the 24 hour evacuation rule
set forth in the Florida Keys Protection Act, F.S. 380.0552, since the latest model runs indicate that
there is still capacity to issue up to 220 additional allocations before that 24 hour limit is reached.
PREVIOUS RELEVANT BOCC ACTION:
In March 2024, the Board had a preliminary discussion about Marathon's expected exhaustion of the
2777
City's current supply of BPAS allocations.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BOCC Res in Support of Marathons request for 10 BPAS out of 220 remaining before 24 hour cap
reached final.docx
240320 Request by George Garrett to Secretary Alex Kelly requesting BPAS Allocations.pdf
240813 Updated Request by George Garrett to Secretary Alex Kelly requesting BPAS Allocations.pdf
FINANCIAL IMPACT:
None.
2778
RESOLUTION NO. -2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA SUPPORTING THE CITY OF
MARATHON'S REQUEST FOR A LIMITED NUMBER OF ADDITIONAL
BUILDING PERMIT APPLICATION SYSTEM (BPAS) ALLOCATIONS TO
BE AWARDED FROM THE 220 ALLOCATIONS THAT THE
DEPARTMENT OF COMMERCE REPORTS EXIST BEFORE THE 24-
HOUR EVACUATION CAP IS REACHED.
WHEREAS, the State and the local governments in the Florida Keys and
Key West Areas of Critical State Concern (ACSC) entered into a memorandum
of understanding (MOU) in 2012 that memorialize the rate of distribution of new
housing allocations under the County's Rate of Growth Ordinance (ROGO) and
the municipalities' Building Permit Allocation System (BPAS) for a ten year
period; and
WHEREAS, that MOU was entered in furtherance of the requirements set
forth in F.S. 380.0552(9) that new housing development result in a hurricane
evacuation time of no more than 24 hours for the permanent resident population
of the Florida Keys; and
WHEREAS, the Florida Department of Commerce commissioned a study
regarding hurricane evacuation in the Florida Keys and published its results in
November of 2023; and
WHEREAS, under that study, there remains 220 allocations available
countywide before the 24-hour evacuation cap is reached; and
WHEREAS, the City of Marathon has exhausted its ten-year supply of
BPAS allocations under the 2012 MOU with the City's last round of allocations
in July of 2024; and
WHEREAS, the City has expressed concern that it will face property
rights claims if it cannot award additional allocations; and
WHEREAS, awarding the City ten (10) additional allocations will enable
the City to award allocations on its normal schedule for an additional year; and
WHEREAS, this award of ten (10) additional allocations will not interfere
with the current ongoing community driven process for making
recommendations to the State on future growth, if any, in the Florida Keys; and
2779
WHEREAS, the award of ten (10) additional allocations from the
remaining 220 allocations identified in the Commerce Study is preferable to the
County lending the City allocations from the County's limited supply of
allocations, especially given the Board's concerns over its own potential liability
exposure to property rights claims due to the number of privately owned vacant
lots in the unincorporated portion of the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
1. The Board endorses the City of Marathon's request for the Florida
Cabinet to issue ten Building Permit Allocations (BPAS) over the next
twelve (12) months so that the City can mitigate against any property
rights claims that may arise from the exhaustion of the City's current
supply of allocations.
2. The Clerk of Court shall send copies of this resolution to:
• Governor Ron DeSantis
• Attorney General Ashley Moody
• Chief Financial Officer Jimmy Patronis
• Agriculture Commissioner Wilton Simpson
• Florida Commerce Secretary Alex Kelly
• Marathon City Clerk.
PASSED AND ADOPTED at a regular meeting held on the 21s'day of August, 2024.
Mayor Holly Merrill Raschein
Mayor Pro Tem James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
ATTEST: KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
By:
As Deputy Clerk Mayor Holly Merrill Raschein
Approved as to form and legal sufficiency
Robert B. Shillinger, Monroe County Attorney
2780
CITY OF MARATHON, FLORIDA
9805 Overseas Highway,Marathon,Florida 33050
, Wes*
5 rn 4M4 "`
March 20, 2024
J. Alex Kelly
Secretary, Florida Commerce
107 E. Madison Street
Caldwell Bldg. MSC 150
Tallahassee, FL 32399-4129
Subject: Hurricane Evacuation Modeling
I am writing to express my concerns regarding the potential risk to the City of Marathon of
regulatory takings cases based upon the City's Building Permit Allocation System (BPAS =
ROGO). The City understands that it is imperative that we manage the rate of new development
effectively to preserve the quality of life for our residents, safeguard natural resources, maintain
adequate public facilities, and ensure the safety and well-being of our community members,
especially during times of potential disaster such as hurricanes. The City entered a Memorandum
Of Understanding with the Florida Department of Economic Opportunity in 2012 to ensure this by
allocating only 300 units over the past ten-year period. This is clearly defined in our
Comprehensive Plan and Land Development Regulations.
The City of Marathon's Comprehensive Plan Objective 1-3.5 underscores the importance of
striking a balance between growth and preservation. By managing the rate of new development,
we can mitigate the strain on existing infrastructure, maintain the charm and character of our city,
and safeguard against potential environmental degradation. Furthermore, aligning development
with the availability of public funds ensures that essential services and infrastructure projects are
executed efficiently and sustainably.
Your excellent staff worked to complete the recent hurricane evacuation modeling, which
demonstrates that our Area of Critical State Concern can accommodate an additional 220 units
while still meeting the 24-hour evacuation timeline (Model Run S4). This modeling underscores
our capacity for responsible growth while maintaining essential safety standards.
We are seeking to acquire a limited number of additional BPAS allocations through the
Administration Commission as a temporary measure while the City, the County, and all
municipalities complete a more thorough analysis with recommendations as to the future of BPAS
in the next twenty years or more. As identified in the County's timeline, this process will be
completed in December of this year, so that recommendations can be made for the March 2025
legislative session. If acted upon, any proposed bill language would become law July 1, 2025.
The legislative process will take longer than the City has current allocations for, making this
temporary measure a necessary stopgap solution.
Based upon the City's expansion of the BPAS timeline already and the resulting reduced annual
award of BPAS allocations, we are requesting that the Administration Commission grant only 5
of the 220 units identified in Model Run S4. This request would provide sufficient BPAS
2781
CITY OF MARATHON, FLORIDA
9805 Overseas Highway,Marathon,Florida 33050
, Wes*
5 rn 4M4 "`
allocations for one additional award period that we would fall short between January 13th and July
1 st of 2025.
Therefore, based on this discussion and in alignment with the principles outlined in Objective 1-
3.5, I urge you to consider this letter as a testament to the importance of managing growth
effectively and to request an award of five additional BPAS allocations through the Administration
Commission accordingly. This will not only support our city's continued prosperity but also ensure
its long-term sustainability and resilience in the face of potential challenges. This measure would
also have the benefit of putting the City on the same time frame as the other jurisdictions as it
relates to providing feedback and recommendations on the hurricane evacuation model.
As you and your staff meet with the Administration Commission to review the yearly report for
the Florida Keys Area of Critical State Concern next week, it should be noted that Marathon has
always worked diligently to meet all level of service standards as well as the specific work program
objectives set forth in the FAC. The City has completed the 10-year water supply plan, showing
we still have capacity, and even highlighted additional alternatives to reduce future demand. We
were the first entity to complete our sewer system and are now working even harder to refine it
with the installation of a deep well alternative to its existing shallow wells. Finally, our traffic
level of service is one of the highest within the Keys; Level of Service A in the core of Marathon
and LOS C for the two-lane portion.
The City understands that our growth is necessarily limited as it should be, but that there is still
room within those limitations to ensure we can continue to provide housing for local families,
including deed restricted affordable housing for employees.
Thank you for your attention to this matter. I look forward to Marathon's continued development
in a manner that prioritizes the well-being of its residents and the preservation of its natural
resources.
Sincerely,
George Garrett
City Manager
City of Marathon, FL
garrettg@ci.marathon.fl.us
*Attached are slides showing background on ROGO,highlighting the model results,and Marathon's unique risk.
2782
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CITY OF MARATHON, FLORIDA
u, 9805 Overseas Highway,Marathon,Florida 33050
August 13, 2024
J. Alex Kelly
Secretary, FloridaCommerce
107 E. Madison Street
Caldwell Bldg. MSC 150
Tallahassee, FL 32399-4129
Subject: Hurricane Evacuation Modeling
I am writing to express my concerns regarding the potential risk to the City of Marathon of
regulatory takings cases based upon the City's Building Permit Allocation System (BPAS =
ROGO). The City understands that it is imperative that we manage the rate of new development
effectively to preserve the quality of life for our residents, safeguard natural resources, maintain
adequate public facilities, and ensure the safety and well-being of our community members,
especially during times of potential disaster such as hurricanes. The City entered a Memorandum
Of Understanding with the Florida Department of Economic Opportunity in 2012 to ensure this by
allocating only 300 units over the past ten-year period. This is clearly defined in our
Comprehensive Plan and Land Development Regulations.
The City of Marathon's Comprehensive Plan Objective 1-3.5 underscores the importance of
striking a balance between growth and preservation. By managing the rate of new development,
we can mitigate the strain on existing infrastructure, maintain the charm and character of our city,
and safeguard against potential environmental degradation. Furthermore, aligning development
with the availability of public funds ensures that essential services and infrastructure projects are
executed efficiently and sustainably.
Your excellent staff worked to complete the recent hurricane evacuation modeling, which
demonstrates that our Area of Critical State Concern can accommodate an additional 220 units
while still meeting the 24-hour evacuation timeline (Model Run S4). This modeling underscores
our capacity for responsible growth while maintaining essential safety standards.
We are seeking to acquire a limited number of additional BPAS allocations through the
Administration Commission as a temporary measure while the City, the County, and all
municipalities complete a more thorough analysis with recommendations as to the future of BPAS
in the next twenty years or more. As identified in the County's timeline, this process will be
completed in December of this year, so that recommendations can be made for the March 2025
legislative session. If acted upon, any proposed bill language would become law July 1, 2025. The
legislative process will take longer than the City has current allocations for, making this temporary
measure a necessary stopgap solution.
Based upon the City's expansion of the BPAS timeline already and the resulting reduced annual
award of BPAS allocations, we are requesting that the Administration Commission grant only 10
2786
CITY OF MARATHON, FLORIDA
u, 9805 Overseas Highway,Marathon,Florida 33050
of the 220 units identified in Model Run S4. Previously in March we had requested 5 units,
however the current request would provide sufficient BPAS allocations for one additional award
period beyond the July 2025 period as a precaution.
Therefore, based on this discussion and in alignment with the principles outlined in Objective 1-
3.5, I urge you to consider this letter as a testament to the importance of managing growth
effectively and to request an award of five additional BPAS allocations through the Administration
Commission accordingly. This will not only support our city's continued prosperity but also ensure
its long-term sustainability and resilience in the face of potential challenges. This measure would
also have the benefit of putting the City on the same time frame as the other jurisdictions as it
relates to providing feedback and recommendations on the hurricane evacuation model.
As you and your staff meet with the Administration Commission to review the yearly report for
the Florida Keys Area of Critical State Concern next week, it should be noted that Marathon has
always worked diligently to meet all level of service standards as well as the specific work program
objectives set forth in the FAC. The City has completed the 10-year water supply plan, showing
we still have capacity, and even highlighted additional alternatives to reduce future demand. We
were the first entity to complete our sewer system and are now working even harder to refine it
with the installation of a deep well alternative to its existing shallow wells.Finally, our traffic level
of service is one of the highest within the Keys; Level of Service A in the core of Marathon and
LOS C for the two-lane portion.
The City understands that our growth is necessarily limited as it should be, but that there is still
room within those limitations to ensure we can continue to provide housing for local families,
including deed restricted affordable housing for employees.
Thank you for your attention to this matter. I look forward to Marathon's continued development
in a manner that prioritizes the well-being of its residents and the preservation of its natural
resources.
Sincerely,
George Garrett
City Manager
City of Marathon, FL
garrettg@ci.marathon.fl.us
*Attached are slides showing background on ROGO,highlighting the model results, and Marathon's unique risk.
2787
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