Resolution 030-2006
Mayor McCoy
RESOLUTION NO. 030- 2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY ELABORATING ON
RESOLUTION NO. 493A-200S TO SET FORTH SPECIFIC
PROTECTIONS TO BE SOUGHT IN LEGISLATION TO REMOVE
DESIGNATION AS AN "AREA OF CRITICAL STATE CONCERN"
FROM MONROE COUNTY.
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY (hereinafter "COUNTY") voted to seek legislation to remove Monroe
County from designation as an area of critical state concern, as reflected in
Resolution 493A-2005; and
WHEREAS, the resolution contains the verbiage recited in the motion, but
does not contain specific concerns raised during discussion on the motion; and
WHEREAS, a primary desire to have the area of critical state concern
designation lifted is based on delays created by State review of individual
development plans despite the fact that the County's land development
regulations and comprehensive plan have already received Department of
Community Affairs approval; and
WHEREAS, it is recognized that tourism and enhanced growth
management regulations will continue to impact Monroe County if and when the
designation as an area of critical state concern is removed; and
WHEREAS, it is recognized that certain benefits have accrued to Monroe
County due to its designation as an area of critical state concern; and
WHEREAS, it is desirable and necessary to retain as many benefits of the
critical state concern legislation as possible due to the unavailability of land, the
unique logistical difficulties and infrastructure requirements, such as
transportation of supplies and water, along with the increase in property values
at a phenomenal rate, all of which Monroe County faces in resolving issues
which are not experienced statewide; and
WHEREAS, it is preferable to phase out, and not abruptly cease, those
benefits available to an area of critical state concern which cannot be continued
indefinitely should the designation be removed; and
WHEREAS, it is desired to formally set forth the specific concerns raised
by various commissioners as matters to be addressed and protected or phased
out through the proposed legislation;
Area of Critical State Concern. 1
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, that:
1. Resolution 493A-2005 shall be elaborated upon as follows:
State Representative Sorenson is requested to seek legislation 1 to remove
Monroe County from designation as an area of critical state concern, which
legislation shall provide for the continuation, or phasing out, of certain
benefits which have accrued to Monroe County due to its designation as an
area of critical state concern. Those matters which the Board of County
Commissioners finds to be in the best interests of the general public to
continue to be available to Monroe County, or at least to be gradually
phased out, are:
a) Retention of the ability to expend up to 10% of the infrastructure sales
tax on public uses other than infrastructure;
b) Retention of the tourist impact tax, which has been authorized by ~
125.0108, FS;
c) Retention of the Land Authority and its ability to purchase land in
Monroe County for the purposes available under ~ 380.0666, FS,
particularly for purposes of conservation and affordable housing;
d) Continued participation by the State in financial responsibility for the
inverse condemnation awards and settlements resulting from the stringent
land use regulations required of Monroe County as an area of critical state
concern;
e) Continued availability of preferential points for competitive grants for
acquisition and preservation of the environment, acquisition and
development of recreational lands, and acquisition and development of
affordable housing;
t) To the extent possible and appropriate, the retention of recognition of
Monroe County's environmental and tourist-related significance to the
State so that legislation which affects only Monroe County due to unique
issues may still be passed;
g) The legislation should include the following language:
1 Any legislation to remove Monroe County, or portions thereof, from the area of critical state
concern, without undergoing the State's process set forth in Section 380.0552(4),FS, would require
repeal of or amendment to that statute.
Area of Critical State Concern. 2
Notwithstanding any provIsIOn of Chapter 380, part I, to the
contrary, a local government within the Florida Keys area of critical
state concern or an area that was designated as an area of critical
state concern for at least twenty (20) consecutive years prior to
removal of the designation, may enact an ordinance that:
(1) Requires connection to a central sewerage system within
thirty (30) days of notice of availability of services; and
(2) provides a definition of on site sewage treatment and
disposal systems that does not exclude package sewage treatment
facilities if such facilities are in full compliance with all regulatory
requirements and treat sewage to advanced wastewater treatment
standards or utilize effluent reuse as their primary method of
effluent disposal.
2. The Board is committed to the final adoption of the Tier System for habitat
protection which should not delay the removal of Monroe County from
designation as an area of critical state concern.
3. The Board is committed to the continuation of its Ten-Year Work Plan to
accomplish providing wastewater treatment, and establishing work-force
and affordable housing in the unincorporated portions of the Florida Keys.
4. This Resolution shall become effective upon the date of its adoption
herein.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a meeting of said Board held on the eighteenth day of
January, A.D. 2006. :J: ~
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BOARD OF COUNTY COMMISSIONERS
OF MONROE C NTY, FLORIDA
By:
Area of Critical State Concern.
MONROE COUNTY AT
OVED AS T
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