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Item L2 M/3 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Craig Cates, District 1 The Florida Keys Michelle Coldiron, District 2 Vacant, District 3 Holly Merrill Raschein, District 5 County Commission Meeting May 18, 2022 Agenda Item Number: L.2 Agenda Item Summary #10594 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2500 No AGENDA ITEM WORDING: Approval of a Resolution Establishing the Monroe County Employee Housing Rental Program for Residential Units Owned by the Monroe County BOCC, Which Are Rented to Monroe County BOCC and Monroe County Sheriff's Office Employees at Reasonable Rental Rates. ITEM BACKGROUND: The currently offers a number of County-owned housing units to its employees for long-term lease, but this has not yet been formally established, by resolution, as an official BOCC affordable employee housing program. The BOCC currently owns four (4) housing units which have been rented to County and employees at reasonable rental rates to assist with employee retention and to assist with on-site management of certain sites (such as parks and beaches). Certain BOCC-owned units, although not subject to specific deed restriction, are rented to said employees at reasonable rental rates that have been approved by the BOCC when leases with said employees are approved. Other County-owned units are subject to affordable housing deed restrictions per Monroe County Land Development Code () Section 139-1 and are therefore rented to said employees that meet applicable tenant income limits at rental rates not to exceed the maximum allowed by the Code. The County has also partnered with the Monroe County Housing Authority (MCHA) to develop and manage additional deed-restricted affordable housing units throughout the county. The BOCC has acquired close to twenty (20) parcels of land since Hurricane Irma made landfall in 2017, and is in the process of constructing additional deed-restricted affordable employee housing units that may be either included in the employee housing rental program, or may be managed by the MCHA as referenced above. Staff is requesting that the Employee Housing Rental Program(the by resolution subject to the following guidelines and requirements: Qbdlfu!Qh/!3122 M/3 1. The program shall consist of housing units owned by Monroe County and rented/leased to Monroe County BOCC non-probationary employees, and Monroe determined by the Board from time to time by resolution. 2. The inventory of units within the program is: (a.) 382 Caribbean Ave.; Unit A; Key Largo, FL (b.) 382 Caribbean Ave.; Unit B; Key Largo, FL (c.) 41 Judy Place; Key Largo, FL (d.) 701 Sands Road; Big Pine Key, FL 3. Units will be leased at rates determined by the Board from time to time by resolution. 4. The program units deed restricted as affordable employee housing underLDC Section 139-1 must comply with income limits, maximum rental rates, and all other requirements of the Code, and shall be subject to all qualification and monitoring requirements of the Code. 5. New units may be added to the program by BOCC-approved Resolution as they are acquired and/or constructed, and become available for lease. 6. Staff is hereby authorized to implement this program according to the foregoing guidelines and/or requirements, including by creating and administering non- legislative rules, policies, processes, and procedures, relating to, arising out of, or in connection with the program, including but not limited to leases, qualification when required, income qualification when required, etc. 7. Only non-probationary employees are eligible. When a unit is available, the County will offer the tenancy as directed by the BOCC. Rental rates shall be established. Occupancy may be targeted to a specific variety of staff (for example, a housing unit located at a park may be rented to park maintenance staff to assist the County with streamlined Department heads must be provided by such applicants. Applicants will be initially selected by lottery. If there are applicable requirements to qualify (for example, income requirements), each person or persons initially selected by lottery will be reviewed to ensure qualification and income eligibility to ensure the person can meet the salient restriction(s) and/or requirement(s). If the person initially selected by lottery does not meet a materially relevant restriction or qualification requirement, the next person(s) in numerical order will become the operative initially selected person(s), and that process shall proceed, until an eligible person or persons who can meet all such requirements/restrictions is/are chosen. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval DOCUMENTATION: Qbdlfu!Qh/!3123 M/3 Resolution - MC EMPLOYEE HOUSING RENTAL PROGRAM December 2020 - County Housing units available for Employees or Deputies FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: NA Additional Details: REVIEWED BY: Emily Schemper Completed 05/03/2022 11:54 AM Peter Morris Completed 05/03/2022 4:12 PM Purchasing Completed 05/03/2022 4:14 PM Budget and Finance Completed 05/03/2022 4:24 PM Brian Bradley Completed 05/03/2022 4:41 PM Lindsey Ballard Completed 05/03/2022 5:00 PM Board of County Commissioners Pending 05/18/2022 9:00 AM Qbdlfu!Qh/!3124 M/3/b MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. - 2022 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) ESTABLISHING THE MONROE COUNTY EMPLOYEE HOUSING RENTAL PROGRAM FOR RESIDENTIAL UNITS OWNED BY THE MONROE COUNTY BOCC WHICH ARE RENTED TO MONROE COUNTY BOCC AND MONROE COUNTY SHERIFFS OFFICE EMPLOYEES AT REASONABLE RENTAL RATES. Њ WHEREAS, the Monroe County Board of County Commissioners (BOCC, Board, Ћ Monroe County, or the Countyoffers a number of County-owned housing units to its Ќ employees for long-term lease, but this has not yet been formally established, by resolution, as an Ѝ official BOCC affordable employee housing program; and Ў Џ WHEREAS, the BOCC currently owns four (4) housing units which have been rented to А County and employees at reasonable rental rates to assist with Б employee retention and to assist with on-site management of certain sites (such as parks and В beaches); and ЊЉ ЊЊ WHEREAS, certain BOCC-owned units, although not subject to specific deed restriction, ЊЋ are rented to said employees at reasonable rental rates that have been approved by the BOCC when ЊЌ leases with said employees are approved; and ЊЍ ЊЎ WHEREAS, certain County-owned units are subject to affordable housing deed restrictions ЊЏ per Monroe County Land Development Code (Code or LDC) Section 139-1 and are therefore ЊА rented to said employees who meet applicable tenant income limits at rental rates not to exceed the ЊБ maximum allowed by the Code; and ЊВ ЋЉ WHEREAS, the County has also partnered with the Monroe County Housing Authority ЋЊ (MCHA) to develop and manage additional deed-restricted affordable housing units throughout ЋЋ the county; and ЋЌ ЋЍ WHEREAS, the County has acquired close to twenty (20) parcels of land since Hurricane ЋЎ Irma made landfall in 2017, and is in the process of constructing additional deed-restricted ЋЏ affordable employee housing units that may be either included in the employee housing rental ЋА program, or may be managed by the MCHA as referenced above; ЋБ Buubdinfou;!Sftpmvujpo!.!ND!FNQMPZFF!IPVTJOH!SFOUBM!QSPHSBN!!)Bqqspwbm!pg!Npospf!Dpvouz!Fnqmpzff!Ipvtjoh!Sfoubm!Qsphsbn* ЋВ 1 of 3 Qbdlfu!Qh/!3125 M/3/b Њ NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY Ћ COMMISSIONERS OF MONROE COUNTY, FLORIDA: Ќ Ѝ Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative Ў intent are true and correct and are hereby incorporated as if fully set forth herein. Џ А Section 2. A (the program) is hereby Б established, subject to the following guidelines and requirements: В ЊЉ 1. The program shall consist of housing units owned by the Monroe County Board of ЊЊ County Commissioners (BOCC, Board, Monroe County, or the Board) and ЊЋ rented/leased to Monroe County BOCC non-probationary employees, and Monroe ЊЌ ЊЍ by the Board from time to time by resolution. ЊЎ 2. ЊЏ (a.) 382 Caribbean Ave.; Unit A; Key Largo, FL ЊА (b.) 382 Caribbean Ave.; Unit B; Key Largo, FL ЊБ (c.) 41 Judy Place; Key Largo, FL ЊВ (d.) 701 Sands Road; Big Pine Key, FL ЋЉ 3. Units will be leased at rates determined by the Board from time to time by resolution. ЋЊ 4. The program units deed restricted as affordable employee housing under LDC Section ЋЋ 139-1 must comply with income limits, maximum rental rates, and all other requirements ЋЌ of the Code, and shall be subject to all qualification and monitoring requirements of the ЋЍ Code. ЋЎ 5. New units may be added to the program by BOCC-approved Resolution as they are ЋЏ acquired and/or constructed, and become available for lease. ЋА 6. Staff is hereby authorized to implement this program according to the foregoing ЋБ guidelines and/or requirements, including by creating and administering non-legislative ЋВ rules, policies, processes, and procedures, relating to, arising out of, or in connection ЌЉ with the program, including but not limited to leases, qualification when required, ЌЊ income qualification when required, etc. ЌЋ 7. Only non-probationary employees are eligible. When a unit is available, the County will ЌЌ offer the tenancy as directed by the BOCC. Rental rates shall be established. Occupancy ЌЍ may be targeted to a specific variety of staff (for example, a housing unit located at a ЌЎ park may be rented to park maintenance staff to assist the County with streamlined park ЌЏ ds ЌА must be provided by such applicants. Applicants will be initially selected by lottery. If ЌБ there are applicable requirements to qualify (for example, income requirements), each ЌВ person or persons initially selected by lottery will be reviewed to ensure qualification and ЍЉ income eligibility to ensure the person can meet the salient restriction(s) and/or ЍЊ requirement(s). If the person initially selected by lottery does not meet a materially ЍЋ relevant restriction or qualification requirement, the next person(s) in numerical order ЍЌ will become the operative initially selected person(s), and that process shall proceed, ЍЍ until an eligible person or persons who can meet all such requirements/restrictions is/are ЍЎ chosen. ЍЏ ЍА Section 3. Construction and Interpretation. This Resolution, being necessary for the ЍБ health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally ЍВ construed to effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be Buubdinfou;!Sftpmvujpo!.!ND!FNQMPZFF!IPVTJOH!SFOUBM!QSPHSBN!!)Bqqspwbm!pg!Npospf!Dpvouz!Fnqmpzff!Ipvtjoh!Sfoubm!Qsphsbn* 2 of 3 Qbdlfu!Qh/!3126 M/3/b Њ construed in favor of the Monroe County Board of County Commissioners, and such construction and Ћ interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in Ќ bankruptcy, and on appeal. Ѝ Ў Section 4.Non-Reliance by Non-Parties and NoThird-Party Rights or Beneficiaries. Џ Nothing contained herein shall create or be construed or interpreted to create any relationship, А contractual or otherwise, with,orany rights in favor of, any third party. No person or entity shall be Б entitled to rely upon this Resolution or any provision hereof to enforce or attempt to enforce any claim В or entitlement to or benefit of any service or program contemplated hereunder. ЊЉ ЊЊ Section 5.Section Headings.Section headings have been inserted into this Resolution as ЊЋ a matter of convenience of reference only, and shall not be used in the interpretation or construction ЊЌ of this Resolution or any part thereof. ЊЍ ЊЎ Section 6.No Liability.Monroe County expressly reserves and in no way shall be ЊЏ deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, ЊА governmental, and other similar defense, immunity, exemption, or protection against any suit, cause- ЊБ of-action, demand, or liability. ЊВ ЋЉ Section 7.Severability.If any provision of this Resolution, or any part or portion thereof, ЋЊ is held to be invalid or unenforceable by any administrative hearing officer or court of competent ЋЋ jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall ЋЌ neither limit or impair the operation, enforceability, or validity of any other provision of this ЋЍ Resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this Resolution and ЋЎ remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and effect. ЋЏ ЋА PASSED AND ADOPTEDbytheBoardofCountyCommissionersofMonroeCounty,Florida,at th ЋБ aduly noticed regularlyscheduled public meetingof the BOCC held onthe18dayofMay,2022. ЋВ ЌЉ MayorDavidRice ЌЊ Mayor ProTemCraigCates ЌЋ CommissionerMichelleColdiron ЌЌ Commissioner James Scholl ЌЍ CommissionerHolly Merrill Raschein ЌЎ ЌЏ BOARD OF COUNTY COMMISSIONERS ЌА OF MONROE COUNTY, FLORIDA ЌБ ЌВ By:________________________________ ЍЉ Mayor David Rice ЍЊ (SEAL) ЍЋ ATTEST: KEVIN MADOK,CLERK ЍЌ ЍЍ By:_________________________ ЍЎ AS DEPUTYCLERK 5/3/22 Buubdinfou;!Sftpmvujpo!.!ND!FNQMPZFF!IPVTJOH!SFOUBM!QSPHSBN!!)Bqqspwbm!pg!Npospf!Dpvouz!Fnqmpzff!Ipvtjoh!Sfoubm!Qsphsbn* 3of 3 Qbdlfu!Qh/!3127 M/3/c Buubdinfou;!Efdfncfs!3131!.!Dpvouz!Ipvtjoh!vojut!bwbjmbcmf!gps!Fnqmpzfft!ps!Efqvujft!!)Bqqspwbm!pg!Npospf!Dpvouz!Fnqmpzff!Ipvtjoh Qbdlfu!Qh/!3128