Urgent Appeal: Reject Proposal to Divert Essential ROGOs to Tavernier Publix/Cemex

September 6, 2024

 Via Email

Dear Mayor Raschein and County Commissioners:

 Our 16 organizations, representing many thousands of Keys residents, have been monitoring the County’s process of determining whether to request more ROGOs from the State.  The main reason that has been cited for requesting more market rate ROGOs is the risk of a substantial liability of the County for takings claims by owners of buildable lots if ROGOs run out.  County staff determined in March that there are 2,220 privately owned buildable lots in the unincorporated County, but at the BOCC’s direction staff, is in the process of recomputing that number.  We expect the recomputed number of buildable lots to be much smaller than 2,220.

 The County currently has 444 administrative relief ROGOs in the bank which can be used to satisfy takings liabilities.  300 of these administrative relief ROGOs are early evacuation affordable workforce housing ROGOs (early evacuation ROGOs).  Current County law provides that these 300 early evacuation ROGOs can only be issued in exchange for previously issued affordable housing ROGOs, and those affordable housing ROGOs then can only be used by the County to satisfy takings liabilities.  In discussing whether to accept the 300 early evacuation ROGOs from the State, the County Commissioners made clear that the early evacuation ROGOs would never be used to increase development potential except for resolving takings claims.  According to County Attorney Bob Shillinger, the early evacuation ROGOs can either be (1) used to obtain affordable housing ROGOs that are in turn used by the County as consideration for resolving inverse condemnation takings claims or (2) converted into market rate ROGOs that are in turn used by the County as consideration for resolving takings claims under the Bert Harris Act.

 At the September 11 BOCC meeting, you will be considering agenda item Q3, a proposal by a property owner to add to the County’s Comprehensive Plan Goal 113 and Policy 113.1.1, which would create Tavernier Workforce Housing Subarea 1.  Under that proposal, the County would issue 86 early evacuation ROGOs to the property owner for the development of an 86-unit housing project.  If adopted, the proposal would convert 86 ROGOs which are currently available only to satisfy takings claims against the County by the owners of 86 separate buildable lots into 86 ROGOs to be used immediately for the development of a housing project on a single parcel.

 At a time when you are considering whether to request more market rate ROGOs from the State in order to avoid potentially substantial takings liabilities, how can you jettison 86 of the County’s administrative relief ROGOs?  County staff has estimated the County’s takings liability to be more than $1 billion for the 2,220 buildable lots that were identified in March.  That amounts to more than $450,000 of takings cost per lot.  This means you are being asked under this proposal to give away administrative relief ROGOs with an estimated value of more than $38.7 million.  If you approve proposed Goal 113 and Policy 113.1.1 and its giveaway of 86 precious administrative relief ROGOs, how can you ever cite the need to avoid or defer the County’s potential takings liability as justification for a decision to request more market rate ROGOs from the State?

 Please reject proposed Goal 113 and Policy 113.1.1.

 Respectfully submitted,

Ann Olsen

On behalf of the Last Stand Board and the 16 undersigned organizations