Item F4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
July 27,2000
No X
Division: Growth Management
Department: N/ A
AGENDA ITEM WORDING: Approval of the Growth Management Division recommendation on the application
nutrient reduction credits to ranked ROGO applicants as provided under Rule 28-20.100 enacted by the Florida
Administrative Commission in 1999.
ITEM BACKGROUND: Monroe County Comprehensive Plan Policy 101.2.13, amended by 28-20.100
promulgated by the Florida Administrative Commission, provides the County with 88 "free" nutrient reduction
credits in Year Three of the Work Program. These "free" nutrient reduction credits were to be offset by the
replacement of at least 70 cesspools under the Monroe County Housing Authority's program to assist very low to
low-moderate income households. [The Housing Authority has exceeded this target level by eliminating 89
cesspools and unknown systems.] In addition, the Rule provides the County a minimum of 88 "borrowed" nutrient
credits (permits) in Year Four of the Work Program (ROGO Year 9, July 14,2000 through July 13,2001), which
must be offset with nutrient credits to be earned in ROGO Year 9. Both the initial 88 "free" nutrient credits and the
88 in Year Four of the Work Program may be applied to the ROGO "backlog" at the end of a ROGO year to
minimize the impacts on the County's next year ROGO allocation.
At the end of ROGO Year 8 (ending July 13,2000),43 successful ROGO applicants were awaiting a nutrient credit
to receive a ROGO allocation award. If this backlog is not reduced the County's ROGO allocations for Year 9
would have to be reduced by 43 (42 market rate and I affordable units). The Growth Management Division
recommendation addresses the application of nutrient reduction credits to eliminate this backlog.
PREVIOUS RELEVANT BOARD ACTION: On September 9, 1999, the BOCC approved the application of 48
"free" nutrient credits to all ranked ROGO applicants awaiting a ROGO allocation award on July 13, 1999.
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
APPROVED BY: County Attorney X
OMB/Purchasing
Risk Management
DIVISION DIRECTOR APPROVAL:
Timothy J. McGa
of Growth Management
DOCUMENTATION: Included
X
To follow
Not required
DISPOSITION:
Agenda Item #:
cJ - rLf
MEMORANDUM
FROM:
Board of County Commissioners
Timothy J. McGarry, Director of Growth ManagemenW}
July 14, 2000
TO:
DATE:
SUBJECT:
Recommendation on Application of Nutrient
Reduction Credits Under Florida Administration
Commission Rule 28-20.100
Overview
This memorandum presents the Growth Management Division's
recommendation on the application of free" and "borrowed" nutrient reduction
credits provided under Rule 28-20.100, enacted by the Florida Administration
Commission last year. The Board of County Commissioners is requested to
approve the Growth Management Director's recommendation to apply the
remaining 41 "free" and two "borrowed" nutrient reduction credits to eliminate the
backlog of 43 ranked ROGO applicants at the end of ROGO Year 8 awaiting a
nutrient reduction credit in order to receive a ROGO award.
Background
The Florida Administration Commission (Governor and Cabinet) promulgated
Rule 28-20.100, which revised the Monroe County Comprehensive Plan Policy
101.2.13 relating to the Permit Allocation System (ROGO) and nutrient reduction
credits. In Year Three of the Work Program (ending July 12, 2000), the rule
revision provided the County with 88 nutrient reduction credits resulting from
cesspools and unknown systems to be replaced under the State and County
funded program to assist very low to moderate income households. 1 These 88
are referred to in this report as "free" nutrient reduction credits.
In addition, the County is provided a minimum of 88 nutrient reduction credits in
Year 4 of the Work Program, which is ROGO Year 9 (starting July 14, 2000).
These 88 are referred to as "borrowed" nutrient reduction credits, since they
1 Rule 28-20.100 allows for these 88 "free" nutrient reduction credits to be accounted for through
the Monroe County Housing Authority (MCHA) program to assist low and low-moderate income
households to replace their cesspools and unknown systems. The MCHA has completed its
program and replaced 89 cesspools and unknown systems, which is greater than the 70
cesspools required by the Year Three of the Work Program.
Documentlbocc/creditrec2. doc
must be replaced on a one-on-one basis during Year 4 of the Work Program or
in a following Year.
Both the "free" and "borrowed" nutrient reduction credits may be applied
anywhere in unincorporated Monroe County. Furthermore, they may be used to
reduce the backlog of ranked ROGO applications awaiting an allocation award.
Forty-eight (48) of these credits, referred to as "free" nutrient reduction credits
were approved by the Board of County Commissioners in September 1999 to be
given to ranked ROGO applicants awaiting a ROGO award on July 13, 1999, to
reduce the ROGO backlog. The Board of County Commissioners directed the
Planning Department to apply the "free" credits to the ROGO backlog and retain
the remaining credits for affordable housing. Only 47 of these "free" nutrient
credits were actually used, leaving 41 credits available for distribution.
Analysis
As of July 13, 2000 (end of ROGO Year 8), 43 ranked ROGO applicants were
waiting to receive nutrient reduction credits in order to be awarded an allocation.
The breakdown of these applications were 8 (Upper Keys); 1 (Middle Keys); and,
35 (Lower Keys). With this number of ranked ROGO applicants awaiting an
allocation, the number of ROGO allocations for ROGO Year 9 would be reduced
from 158 to 115.
In September 1999, when the Board of County Commissioners approved the
application of the 48 "free" nutrient reduction credits, it also accepted the
recommendations of the Planning Department and Planning Commission to use
the remaining credits for affordable housing on a competitive, first-come, first
served basis. At that time, the Board also indicated to the staff if the credits
were not used for affordable housing, that it would like to consider applying them
to reduce the "potential" backlog at the end of the ROGO year.
All the existing number of "free" nutrient reduction credits are available to be
given to the ranked ROGO applications awaiting an allocation award on July 13,
2000. To eliminate the entire backlog, two "borrowed" nutrient reduction credits
could also be given to the remaining two ranked ROGO applications. These
"borrowed" nutrient credits would be accounted for from nutrient reduction credits
to be generated from the general pool for the Upper and Lower Keys.
Recommendation
It is recommended that the Board of County Commissioners direct the Planning
Department staff to assign all 41 remaining "free" nutrient reduction credits from
Year 3 of the Work Program and 2 "borrowed" nutrient reduction credits from
DocumenUbocc/creditrec2.doc
2
Year 4 of the Work Program to the 43 ranked ROGO applicants awaiting an
allocation on July 13, 2000.
Documentlbocc/creditrec2.doc
3