Item H2
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: Julv 20, 2005
Division: land Authoritv
Bulk Item: Yes No l
Staff Contact Person: Mark Rosch
Agenda Item Wording: Approval of a resolution authorizing the expenditure of up to $3 million from
the ROGO reserve fund for the purchase of conservation sites and affordable housing sites.
Item Background: This resolution formalizes the action taken by the Soard at last month's meeting.
The documents referenced in the resolution (Mr. Rosch's August 8, 2003 memorandum, Monroe
County Ordinance 026-2004, and SOCC Resolution 039-2004) are included in the agenda packet.
Advisory Committee Action: N/A
Previous Governing Board Action: On June 15, 2005 the Board approved the concept of this
resolution.
Contract/Agreement Changes: None.
Staff Recommendation: Pleasure of the Board.
Total Cost: N/A
Budgeted: Yes_ No_.
Cost to Land Authority: N/A
Source of Funds: N/A
Approved By: Attorney ~
County land Steward _'
Executive Director Approval:
~'1k~
Documentation: Included:..L
To Follow:
Not Required:
Disposition:
Agenda Item
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE EXPENDITURE OF UP TO $3 MILLION FROM THE ROGO
RESERVE FUND FOR THE PURCHASE OF CONSERVATION
SITES AND AFFORDABLE HOUSING SITES.
WHEREAS, pursuant to Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan,
the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority")
established the ROGO Reserve fund in the Land Authority budget; and
WHEREAS, the purpose of the ROGO Reserve fund is to provide funding to purchase land
from property owners pursuant to the administrative rellef provisions of Monroe County's rate of
growth ordinance; and
WHEREAS, as detailed in the August 8, 2003 memorandum from Land Authority Executive
Director Mark J. Rosch to Monroe County Administrator James L. Roberts, the demand for the
ROGO Reserve fund is subject to many variables and is therefore difficult to forecast; and
WHEREAS, the ROGO Reserve fund has a fiscal year 2005 balance of $4,250,000 and zero
expenditures since the fund was established in fiscal year 1993; and
WHEREAS, Monroe County Ordinance 026-2004, which has been approved by both the
Monroe County Board of County Commissioners and the Florida Department of Community
Affairs, amends Policy 101.6.2 to provide the Land Authority the flexibility to use the ROGO
Reserve fund for the acquisition of property for purposes other than ROGO administrative relief;
and
WHEREAS, Monroe County Board of County Commissioners Resolution 039-2004 calls for the
Land Authority to set aside $2 million from the ROGO Reserve fund toward the purchase of
lands within patches of upland native habitat consisting of two or more acres; and
WHEREAS, on June 15, 2005, the Land Authority Governing Board indicated its desire to use
up to $3 million from the ROGO Reserve fund for the purchase of conservation sites within
patches of upland native habitat consisting of two or more acres and for the purchase of
affordable housing sites; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY:
Section 1. The ROGO Reserve fund is hereby determined to be an appropriate source of funds
for the purchase of conservation sites within patches of upland native habitat consisting of two
or more acres and for the purchase of affordable housing sites. Staff is authorized to disburse
up to $3,000,000 from the ROGO Reserve fund to pay for the acquisition of these two types of
real property.
Page 1 or 2
Section 2. This Resolution shall apply to all fiscal year 2005 acquisitions as well as future
acquisitions.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 2005.
(Seal)
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch
Executive Director
David P. Rice
Chairman
Approved for Legal Sufficiency
Larry R. Erskine
Page 2 or 2
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN A VENUE, SUITE 207 · KEY WEST, FLORIDA 33040
PHONE (305) 295-5180 · FAX (305) 295-5181
ME M 0 R A N1D U M
(
TO:
FROM:
James L. Roberts, County Administrator
Mark J. Rosch, Executive Director M ~
Monroe County Land Authority ~
DATE: August 8, 2003
SUBJECT: Land Authority ROGa Reserve
Pursuant to Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan, the Monroe
County Land Authority has established a budgetary reserve for the purchase of property to
provide administrative relief to RaGa applicants. Since FY 93, the Land Authority has set aside
35% of its recurring land acquisition revenue into this reserve. To date there have been no
expenditures from this reserve and thus the balance has grown over the years to its current
level of $3.4 million. The ROGa reserve in the proposed FY 04 budget is $3.8 million.
The County's ROGO ordinance has been in effect for 11 years. To date the Land Authority has
purchased property from six ROGO administrative relief applicants at a total cost of
approximately $800,000. All but $12,000 of this total was paid for with State funds that are no
longer available (Preservation 2000 funds appropriated to the Land Authority by the Florida
Legislature).
The ROGO ordinance creates a contingent liability that is difficult to forecast. The variables
include: 1) how many property owners will choose to enter the ROGa competition; 2) how many
ROGO allocations will be available for the County to issue; 3) which applicants will compete
unsuccessfully for four years and become eligible for administrative relief; 4) which of the
eligible applicants will choose to apply for administrative relief; 5) what form of administrative
relief the Board will choose to offer; 6) how many eligible applicants will be willing sellers; and 7)
the purchase price for a given property.
As of the most recent ROGO ranking approved by the County Planning Commission (April 14,
2003), there were 305 applications denied a ROGO allocation. Of these 305, 48 have already
been in ROGO for 4 years and have either declined the Land Authority's purchase offer or have
not applied for administrative relief. Depending on the outcome of future rankings, a maximum
of 23 additional applications may have been in ROGO for 4 years by this time next year.
What budgetary impact will this situation have? It is impossible to know for sure. After 11
years, the impact has only been $800,000. Assuming an average assessed value of $45,000
per parcel, the assessed value of the 48 "4-year olds" is approximately $2.1 million. By this time
next year if the 23 "3-year olds" are still in ROGO, the estimated assessed value of potential
administrative relief properties will be $3.2 million. The estimated assessed value of all 305
applications is $13.7 million. These figures are only rough estimates, but they illustrate the
potential order of magnitude involved and the high degree of uncertainty.
The Land Authority's RaGa reserve was established pursuant to Policy 101.6.2 of the
Comprehensive Plan. Should the Board wish to use a portion of the reserve for acquisitions
outside of the RaGO administrative relief process, the Board should proceed by directing staff
to initiate a plan amendment.
2
ORDINANCE NO. 026_2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND POLICY 101.6.2 OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN GIVING THE LAND
AUTHORITY GREATER LATITUDE IN SPENDING FUNDS TO ACQUIRE
LANDS FROM WILLING SELLERS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODe OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Objective 101.6 directs the County to expand the Monroe
County Land Authority acquisition program to purchase land from property
owners who have applied but have not received a ROGO permit for four years
(Administrative Relief); and
WHEREAS, Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan requires the Monroe County Land Authority to dedicate a
minimum of 35 percent of its annual budget each year for the purpose of
acquiring land from property owners through Administrative Relief; and
WHEREAS, funds accumulated from this source shall be reserved for the
acquisition of land from qualified property owners; and
WHEREAS, Mark J. Rosch, Executive Director of the Monroe County Land
Authority, in an August 8, 2003 memorandum to James L. Roberts, Monroe
County Administrator, discussed the limits for acquisition imposed by Policy
101.6.2.; and
WHEREAS, after a review and discussion of the memorandum by the
Monroe County Board of County Commissioners, the Commission directed the
Growth Management Division of the County to amend the Comprehensive Plan
and take other necessary steps in order to implement the Florida Keys Carrying
Capacity Study (Goal 105 of the Monroe County Year 2010 Comprehensive
Plan, and SOCC Resolution 346-2003 to provide the Monroe County Land
Authority greater latitude in the acquisition of land from willing owners; and
WHEREAS, SOCC Resolution 346-2003 designated and mapped
Conservation and Natural Areas that are areas proposed for future acquisition by
Page 1 of 5
P:\Mayra Tezanos\BOCC AGENDA ITEMS\LAND AUTHORITY\ORDINANCE\BOCC ORD 7-2004.doc
the County, State, and Federal agencies for conservation or resource protection;
and
WHEREAS, the Monroe County Board of County Commissioners, on
August 20th 2003, directed the Growth Management Division staff to prepare
amendments to the Monroe County Year 2010 Comprehensive Plan that will
permit Land Authority ROGO reserve funds currently dedicated for administrative
Relief to also be used to acquire other lands from willing owners in the
Conservation and natural areas; and
WHEREAS, funds accumulated in the Land Authority ROGO reserve shall
be reserved for the acquisition of land from qualified property owners, but may
also be used to acquire other properties proposed for acquisition by
governmental agencies for the purposes of conservation or resource protection;
and
WHEREAS, the Board finds that there is a need to amend Policy 101.6.2
in order to expand the opportunities for the Land Authority to acquire privately
owned land; and
WHEREAS, at the Development Review Committee publiC meeting of
November 24, 2003, the Committee recommended approval of the proposed
amendment; and
WHEREAS, at the Planning Commission at a public hearing of December
3,2003, the Commission recommended approval with an amendment; and
WHEREAS, this Board reviewed the following:
1. July 23 staff report prepared by K. Marlene Conaway, Director Planning and
Environmental Resources Department.
2. Memorandum of August 8th, 2003 prepared by Mark J. Rosch, Executive
Director, Land Authority.
3. Testimony of the Growth Management Staff; and
WHEREAS, this Board finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, this Board finds that the proposed change is consistent with
the goals of the Monroe County Year 2010 Comprehensive Plan;
Page 2 of 5
P:\Mayra Tezanos\BOCC AGENDA ITEMS\LAND AUTHORITY\ORDINANCE\BOCC ORD 7-2004.doc
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Objective 101.6
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to acquire other properties when deemed
appropriate by the land Authority.
Section 2. If any section, subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder shall not be affected by
such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of
the State of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission finding the
amendment in compliance with Chapter 163, Florida Statutes.
[The balance of this page is intentionally left blank]
Page 3 of 5
P:\Mayra Tezanos\80CC AGENDA ITEMS\LAND AUTHORITY\ORDINANCE\80CC ORD 7-2004.doc
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 18th day of August
A.D., 2004.
Mayor Murray Nelson
Mayor Pro T em David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
ye~
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
~(~
BY
Mayor M rray Nelson
I.,"
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ATTEST: DANNY KOHLAGE, CLERK
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DEPUTY CLERK
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Page 4 of4
W;\Planning\Text Amendments\Land Aulh. Policy 101.6-Fred\BOCC ORD 7-2004.doc
RESOLUTION039 -2004
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
EXPRESSING SUPPORT FOR A PARTNERSHIP WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAffiS (DCA) TO
MEET THE STATE'S AND COUNTY'S OBLIGATIONS UNDER
RULE 28-20.100, FLORIDA ADMINISTRATIVE CODE, AND THE
COUNTY'S YEAR 2010 COMPREHENSIVE PLAN;
COMMITTING THE COUNTY TO SPECIFIC
IMPLEMENT A TION ACTIONS; REQUESTING RECIPROCAL
COMMITMENTS FROM THE DCA; AND DIRECTING COUNTY
STAFF TO PREPARE AN INTERIM MORATORIUM
ORDINANCE PURSUANT TO GUIDANCE FROM LEGAL
COUNSEL
WHEREAS, Monroe County is obligated to implement a Work Program as
required by Rule 28-20.100, Florida Administrative Code; and,
WHEREAS, the Work Program is intended to provide guidance and a schedule
of objectives that must be completed to implement the Monroe County Year 2010
Comprehensive Plan; and,
WHEREAS, the Work Program, the County's Year 2010 Comprehensive Plan,
and Chapter 380, Florida Statutes, obligate the State in assisting the County; and,
WHEREAS, Rule 28-20.100 requires that the DCA, and the Governor and
Cabinet, sitting as the Florida Administration Commission, annually review the progress
being made by the County in accomplishing the objectives set forth in the Work Program;
and,
WHEREAS, on December 16, 2003, the Florida Administration Commission
upon the recommendation of the DCA, has determined that Monroe County has not
made substantial progress toward meeting the objectives of Year 7 of the Work Program;
and,
WHEREAS, the Florida Administration Commission has directed the DCA to
prepare proposed rules to amend the County's Comprehensive Plan for the Commission
consideration on January 27,2004; and,
WHEREAS, after the December 16, 2003, Florida Administration Commission
meeting, Secretary Castille reiterated her previous offer to secure grant funding
assistance for wastewater construction, land acquisition, and affordable housing for
c:\ WINN1\Profiles\Sutton-Sheila\ Temporary Internet Files\OLK4\resol-fac-O I-04RI _.doc
Page I of4
Monroe County and to form a partnership between the DCA and Monroe County to work
toward satisfaction of Work Program goals; and,
WHEREAS, in an effort to reach agreement on a partnership between the DCA
and Monroe County, Secretary Castille and the Board of County Commissioners met at a
special Commission workshop meeting held on January 6, 2004; and,
WHEREAS, at that workshop meeting the Growth Management Division
Director presented for discussion purposes a "Conceptual Proposal for a Cooperative
Agreement between the DCA and Monroe County to Address Significant Work Program
Issues" (the "Conceptual Proposal"), which modified the Growth Management Division
report dated December 31, 2003, and recommended one of the six options for interim
protection contained in that report; and
WHEREAS, the Board received and considered at the workshop meeting an
opinion letter of Growth Management Division litigation counsel dated January 6, 2004
(a copy of which is attached hereto as "Exhibit Two" and made part of this resolution)
that recommends inclusion offour specific provisions in a moratorium ordinance to make
it legally defensible (the "legal recommendations"); and
WHEREAS, the Board of County Commissioners considered. the
recommendations of its Growth Management Division and Secretary Castille and
approved the Conceptual Proposal in substance with revisions, including the legal
recommendations; and
WHEREAS, both the Board and Secretary Castille recognize that the existing
maps utilized to delineate the extent and location of Conservation and Natural Areas will
require further refinement in order to protect valuable habitat and to avoid overbroad
restriction on lands suitable for development, and that the public should have the
opportunity to review and comment on the maps before they are incorporated into a
moratorium ordinance and other growth management regulations; and
WHEREAS, the County Growth Management Division staff and its legal counsel
prepared for Board consideration a "Cooperative Agreement between the DCA and
Monroe County to Address Significant Work Program Issues" (the "Cooperative
Agreement") based. on the revised. Conceptual Proposal as approved by the Board on
January 6, 2004, with other minor revisions recommended by staH: and
WHEREAS, the Board of County Commissioners has considered the draft
Cooperative Agreement and has received further public input at a special meeting held
January 21,2004;
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Page 2 of 4
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: Monroe County commits to a cooperative relationship in the nature of a
partnership with the Florida Department of Community Affairs, to accomplish the shared
purpose of meeting joint obligations under Chapter 380, Florida Statutes, Rule 28-
20.100, F.A.C., and the Monroe County Year 2010 Comprehensive Plan.
Section 2: The Mayor of Monroe County is hereby authorized to execute the
Cooperative Agreement which is attached hereto as "Exhibit One" and made part of this
Resolution.
Section 3: The Cooperative Agreement is intended to link the respective
commitments of Monroe County and DCA to achieve Work Program objectives of
creating wastewater infrastructure, workforce/affordable housing, and habitat protection.
The extent of the County's bonding commitments and financial expenditures corresponds
to the State's performance in fulfilling its commitments under the Cooperative
Agreement.
Section 4: The County Administrator shall direct the Growth Management Division
with the assistance of legal counsel to prepare a Moratorium Ordinance for habitat
protection in conformity with the Cooperative Agreement, incorporating therein the legal
recommendations.
Section 5: The County Administrator shall direct the Growth Management Division
to review and to propose appropriate revisions to the Conservation and N aturaI Areas
maps, and in that process shall invite input from DCA and the public. The Conservation
and Natural Areas maps, including proposed revisions thereto, shall be included in the
public hearings on the Moratorium Ordinance.
Section 6: A copy of this resolution is to be transmitted by the Mayor to Secretary
Colleen Castille, the Governor and Cabinet, Senator Bullard, and Representative
Sorensen.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
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Page 3 of4
PASSED AND ADOPTED, by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the 21st day of January, AD.,
2004.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Mayor Murray Nelson Yes
Mayor Pro Tern David Rice Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner George Neugent Yes
Commissioner Dixie Spehar Yes
BY: ~ (~
MA YORICH ERSON
ATTEST: DANNYL K. KOLHAGE, CLERK
BY: ~C, IJJ)~
DEPUTY CLERK
Exhibits
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EXHIBIT ONE
Cooperative Agreement between the DCA and Monroe County to Address
Significant Work Program Issues
This Cooperative Agreement sets forth the reciprocal commitments of the Florida
Department of County Affairs ("DCA") and Monroe County ("County") to implement
the Year 2010 Comprehensive Plan Work Program and the recommendations of the
Florida Keys Carrying Capacity Study. The specific commitments of each party are
linked to, and dependent upon, performance of the other party's commitments hereunder.
W ASTEW A TER
Commitments by the County
1. The County will initiate and take all steps legally necessary to obtain up
to $40 million in bond financing secured by infrastructure tax funds to
match $10 million in grant funds from the State in 2004 and $20 million in
Federal/State grants in 2005 for construction of wastewater projects.
2. The County, in cooperation with the Florida Keys Aqueduct Authority and
the Key Largo Wastewater Treatrnent District, will initiate and take all
steps legally necessary to obtain up to $80 million in bond financing
secured by connection fees, to fund construction and expansion of
wastewater projects.
The total amount to be bonded by the County would be up to $120 million, which
is 50 percent of estimated total costs of remaining projects.
Commitments by DCA
1. Secure $10 rnillion in grants to match the $20 million to be bond-financed
by Monroe County for wastewater projects in FY 2004.
2. Secure $20 million in Federal/State grants to match $20 million to be
bond-financed by Monroe County for wastewater projects in FY 2005.
The above are minimum commitments by DCA; Secretary Castille has committed
DCA to endeavor to secure additional state funding and to work with the County
to obtain additional federal funding. DCA has already identified $18 million in
Governor's FY 05 Budget for Florida Keys wastewater construction.
Page I of5
EXHIBIT ONE
WORKFORCE/AFFORDABLE HOUSING
Commitments by the County
I. The County will initiate and take all steps legally necessary to obtain up
to $10 million in bond financing, secured by its half-penny of the tourist
impact tax, to purchase land for workforce housing.
2. The County will initiate and hold public hearings on amendments to the
Comprehensive Plan and Land Development Regulations regarding
affordable housing allocations and assignment of these allocations, to
increase and more effectively distribute such allocations in order to
address affordable housing needs.
3. The County will assign to a workforce/affordable housing pool at least
187 ROGO allocations; such allocations to be obtained from the
following sources: 53 existing unused allocations; 109 ROGO restored
allocations lost in RaGa Years 9 through 12 due to reductions in the
County's annual allocations made by Administration Commission
rulemaking; and 25 allocations lost in ROGO Year 10 due to lack of
nutrient reduction credits. This commitment requires that DCA
recommend to the Governor and Cabinet the restoration of these lost
allocations. In addition to the 109 RaGa restored allocations referenced
above, the County will support the allocation to Marathon of 47
allocations needed for a proposed Florida Housing Finance Corporation
project that will remain affordable in perpetuity.
4. The County will identify potential sites for workforce/affordable housing
and will include appropriate sites in the Land Acquisition Master Plan.
Commitments by DCA
1 . Secure $3 million, and initiate all steps necessary to secure an additional
$17 million, in grant funds for affordable/workforce housing over the next
two years.
2. Restore to Monroe County the 134 allocations lost between ROGO Years
9 through 12 due to reductions in the County's annual allocations made by
Administration Commission rulemaking and lack of nutrient reduction
credits in Year 10; those restored allocations are to be assigned to
affordable/workforce housing. The Department will restore an additional
47 allocations upon documentation of proposed workforce housing
proposals.
Page 2 of5
EXHIBIT ONE
3. Restore Monroe County's annual ROGO allocation of 197 units, with the
number of market rate units not to exceed 126 per year and the number of
affordable housing units being increased to at least 71 per year. [The
current allocation is a total of 158, of which 126 are market rate and 32 are
affordable.]
HABIT AT PROTECTION
Commitments by the County
1. The County will draft and hold public hearings to adopt an interim
moratorium on ROGOINROGO allocation awards in areas containing
tropical hardwood hammock or pinelands of two acres or greater within
Conservation and Natural Areas, such moratorium to extend for up to one
year or until amendments are made to the Comprehensive Plan and Land
Development Regulations for protection of those habitats. To assure
precise identification of those lands warranting special protection, the
County Growth Management Division staff will prepare a map of
Conservation and Natural Areas, utilizing Florida Marine Resources
Institute ADID Maps, the most recent aerial photographs, site visits as
necessary, and input from DCA and the public.
2. Amend the Comprehensive Plan and/or Land Development Regulations
to:
a. Adopt Tier Overlay Map designations;
b. Revise ROGOINROGO based on Tier System utilizing a positive
point approach that predominately relies on land dedication and
aggregation;
c. Revise the environmental regulations using the Tier system rather
than the existing Habitat Evaluation Index.
3. Prepare a Land Acquisition Master Plan including strategies, funding, and
non-funding sources for acquisition and management of conservation
lands, retirement of development rights, and acquisition of affordable
housing sites. DCA participation in this effort will be needed to secure
assistance of state and federal agencies in this effort.
4. The Conservation and Natural Area (CNA) maps, including any proposed
revisions thereto, shall be included in the public hearing on the
moratorium ordinance. The Monroe County Land Authority will target
for purchase from voluntary sellers appropriate environmentally sensitive
lands that are contained within upland native habitat of 2 acres or more
Page 3 of 5
EXHmIT ONE
outside the CNA. The County will set aside $2 million of reserve ROGO
funds for this purpose.
5. Prepare and submit to DCA an expeditious schedule of public hearings,
comprehensive plan amendments, and land development regulations to
ensure that the moratorium is terminated within one year.
Commitments by DCA
1. Secure $93 million for the purchase by the State of environmentally
sensitive lands under CARL.
[Secretary Castille has publicly committed to request the Legislature to
provide up to $93 million in Florida Forever Funds for acquisition of
sensitive lands.]
2. Actively assist and support the County's efforts to expand CARL
boundaries to include a majority of vacant privately owned lands within
the County's Conservation and Natural Areas.
3. Facilitate and cooperatively work with the County in the preparation of a
Land Acquisition Master Plan.
4. Actively participate in, and assist the County with, the legal defense of
any takings claims and Bert Harris Act claims arising from the
Comprehensive Plan or actions contemplated by this document. Help the
County secure state funding grant assistance to cover these claims.
5. Authorize the County either to borrow 41 "future" nutrient reduction
credits to be generated from the expansion of the KW Resort Utility
facilities on Stock Island to retroactively eliminate the backlog of ROGO
allocationsl or to allow ROGO allocations to be rolled over. [County will
lose these allocations in this ROGO year if the backlog is not eliminated
or roll-over is not authorized.]
6. Authorize the County to borrow for affordable housing allocations, 187
"future" nutrient reduction credits to be generated from wastewater
projects in Stock Island, Bay Point, Conch Key and Key Largo.
7. Any borrowing of future nutrient reduction credits shall be contingent
upon the County's adoption of a bond and financing as proposed under the
County Wastewater Commitments.
Page 4 of5
EXHffiIT ONE
REPORT TO GOVERNOR AND CABINET
Commitments by the County
1. Commits to implementing these reciprocal agreements in cooperation with
the DCA.
2. Commits to a partnership between the DCA and County to effectuate these
shared objectives.
Commitments by DCA
1. Report to the Governor and Cabinet that the County has made substantial
progress on its Work Program based on the mutual commitments set forth
in this agreement.
2. Make recommendations to the Governor and Cabinet for rule amendments
necessary to implement these commitments.
APPROVAL
Approval of this document by Monroe County will be evidenced by the signature
of the Mayor of Monroe County pursuant to Resolution of the Board of County
Comrnissioners. Approval by DCA will be evidenced by either the signature of the DCA
Secretary of a counterpart original hereof or by written communication of assent to the
terms hereof, signed by the DCA Secretary.
Executed by the Lmdersigned Mayor of Monroe County pursuant to Resolution of
the Board of County Commissioners, Monroe County, Florida at a regular meeting of
said Board held on the 21st day of January, A.D., 2004.
BY: ~.I--..A ~
MA~~R"""" - - {j (
Page 5 of 5
EXHIBIT TWO
Karen K. Cabanas
Robert Cintron
James T. Hendrick
Derek V. Howard
Hugh J. Morgan
LAW OFFICES
MORGAN & HENDRICK
317 Whitehead Street
Key West, Florida 33040
w. Curry Harris
(1907-1988)
Hilary U. Albury
(1920-1999)
January 6, 2004
1. Richard Collins, Esq.
Monroe County Attorney
HAND-DELIVERED
Re: Potential liability for short-term moratoriwn
Dear Mr. Collins:
Monroe County Growth Management Division has informed us that Monroe County is
contemplating adoption of an ordinance (the "Moratorium Ordinance") that would
establish a moratorium of short duration (i.e., not exceeding one year) on the issuance of
ROGO/NROGO allocations involving clearing of "high quality hammock" lands within
Conservation and Natural Areas. We have been directed to render to you our legal
opinion concerning Monroe County's potential liability for enactment of the Moratorium
Ordinance, under both the Bert 1. Harris, Jr. Private Property Rights Protection Act (F .S. ~
70.001; "the Harris Act") and the provisions of the U.S. and Florida Constitutions
requiring just compensation for governmental actions that "take" real property ("takings").
Our opinion is based on the premise that the Moratorium Ordinance will include the
following provisions, the absence of which might subject the Moratorium Ordinance to
potentially successful challenge:
1. Proper purpose: the purpose of the Moratoriwn Ordinance must be legally
justifiable, e.g interim protection of environmentally sensitive lands for the
minimum period required for the drafting and adoption of land development
regulations restricting development of those lands and assuring just compensation
for owners of lands that may be tendered unbuildable by those regulations.
Because there would be takings implications if the County were to adopt a
moratorium solely to gain sufficient time to acquire those lands, we recommend that
the Moratorium Ordinance expressly disclaim such a purpose!. The Resolution
I This would make it clear that the County is acting for rea~ other than effectuating DCA's recommendation that the
County "protect high quality habitat until acquisition funds become available."
should also state the reasons that these particular lands are being subjected to the
moratorium (i.e., their unique habitat and environmental values) to the exclusion of
other lands (e.g., wetlands are already adequately protected).
2. Administrative relief: in order to afford relief to any property owner who might
have a legitimate basis for vested rights, and to deter lUlfounded judicial challenges
to the Moratorium Ordinance, the Moratorium Ordinance should include an
administrative procedure for determination of vested rights. Although GMD staffis
of the opinion that there are few, if any, potential applicants for such relief, the
existence of an administrative remedy will afford dual protection for property rights
and against spurious litigation.
3. Clear definitions: to assure due process, a precise description of those lands subject
to the Moratorium Ordinance is essential.
4. Limited term: takings jurisprudence holds that moratoria of short duration (such as
6 months to a year) do not constitute a categorical taking. As noted below, the
Harris Act excludes temporary measures such as short-term moratoria.
Provided that the above recommendations are included in the Moratorium Ordinance, and
that the Ordinance is enacted in accordance with the provisions of Florida law and
Monroe County LDRs, we are of the opinion that the adoption of the Moratorium
Ordinance will not subject Monroe County to substantial risk of an adverse judgment
under either the Harris Act or takings litigation. As the BOCC has previously been
advised, the Harris Act expressly excludes liability for "temporary impacts to real
property" F.S. 9 70.001(3)(e). That exclusion encompasses the Moratorium Ordinance.
The United States Supreme Court's Tahoe decision holds that moratoria complying with
the above recommendations do not constitute a categorical taking. Although it is
theoretically possible that an affected property owner could allege an as-applied taking,
the prospect of recovery under such a theory is remote, because a short-term moratorium
would not strip the property of essentially all value.
We will be pleased to address the BOCC on the subject of this letter, at your direction.
Sincerely,