Item G3LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015 Department: Land Authority
Bulk Item: Yes No X Staff Contact / Phone #: Ginnv Stones / 294-0252
Agenda Item Wording: Approval to request an opinion from the Attorney General regarding whether
Land Authority funds may be used for the construction of a homeless shelter within the Key West Area
of Critical State Concern.
Item Background: At the Board's direction, the Land Authority attorney has been working with the
County Attorney and Key West City Attorney to determine what options are available for using Land
Authority funds for a homeless shelter. It is clear that the Land Authority is authorized to use its funds
to acquire property for the provision of affordable housing and, as a result of this year's statutory
amendments, for the construction of affordable housing within the Key West Area of Critical State
Concern. However, it is not clear whether a homeless shelter qualifies as affordable housing.
Obtaining an opinion from the Attorney General will clarify what is legally permissible.
Advisory Committee Action: None.
Previous Governing Board Action: On March 19, 2014 the Board directed the Land Authority
attorney to meet with the County and City attorneys to determine what options are available for using
Land Authority funds for a homeless shelter.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $ Indirect Cost: $ Budgeted: Yes _ No
Differential of Local Preference:
Cost to Land Authority: $ Source of Funds:
Revenue Producing: Yes No _ Amount per Month: Year:
Approved By: Attorney _ County Land Steward
Documentation: Included: X Not Required:
Disposition: Agenda Item
CITY OF KEY WEST
OFFICE OF THE CITY ATTORNEY
PO BOX 1409
KEY WEST, FL 33041
(305) 809-3770 (Phone)
(305) 809-3771 (Fax)
June 30, 2015
Bob Shillinger Ginny Stones, Esq.
Monroe County Attorney Attorney — Monroe County Land Authority
1111 12t" Street; Suite 408 Stones and Cardenas
Key West, FL 33040 221 Simonton Street
Key West, FL 33040
RE: Use ofLand Land Authority Funds
Dear Bob and Ginny:
Thank you for taking time to discuss the appropriateness of using Land Authority funds for
construction of a homeless shelter. As you are aware, it is the City's position that our land
development regulations and City code form a basis to illustrate that sheltering the homeless is
one of the first steps in addressing the affordable housing dilemma. Understandably, this is not a
completely clear cut issue, and you have expressed some concerns.
We have all agreed that seeking the assistance of Florida Attorney General Bondi on this matter
is a good idea. To that end, the City Commission has given me direction to see that such an
opinion is issued. I believe that your participation in requesting the opinion is essential if we
hope to receive a clear cut response. Assuming your Iegislative bodies agree to seek an opinion,
I would like to work collaboratively in drafting the request.
Thanks as always for your anticipated cooperation. Please contact me with any questions or
comments.
care,Take
t D. i
City Attorney