Resolution 155-2022MONROE COUNTY, FLORIDA BOARD
OF COUNTY COMMISSIONERS
RESOLUTION NO. 155 - 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 SHERIFF'S OFFICE
EMPLOYEES AT REASONABLE RENTAL RATES.
1 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
2 "Monroe County", or the "County") currently offers a number of County -owned housing units to its
3 employees for long-term lease, but this has not yet been formally established, by resolution, as an
4 official BOCC affordable employee housing program; and
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6 WHEREAS, the BOCC currently owns four (4) housing units which have been rented to
7 County and Monroe County Sheriff's Office employees at reasonable rental rates to assist with
8 employee retention and to assist with on -site management of certain sites (such as parks and
9 beaches); and
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11 WHEREAS, certain BOCC-owned units, although not subject to specific deed restriction,
12 are rented to said employees at reasonable rental rates that have been approved by the BOCC when
13 leases with said employees are approved; and
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15 WHEREAS, certain County -owned units are subject to affordable housing deed restrictions
16 per Monroe County Land Development Code ("Code" or "LDC") Section 139-1 and are therefore
17 rented to said employees who meet applicable tenant income limits at rental rates not to exceed the
18 maximum allowed by the Code; and
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20 WHEREAS, the County has also partnered with the Monroe County Housing Authority
21 ("MCHA") to develop and manage additional deed -restricted affordable housing units throughout
22 the county; and
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24 WHEREAS, the County has acquired close to twenty (20) parcels of land since Hurricane
25 Irma made landfall in 2017, and is in the process of constructing additional deed -restricted
26 affordable employee housing units that may be either included in the employee housing rental
27 program, or may be managed by the MCHA as referenced above;
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I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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4 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative
5 intent are true and correct and are hereby incorporated as if fully set forth herein.
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7 Section 2. A "Monroe County Employee Housing Rental Program" (the "program") is hereby
8 established, subject to the following guidelines and requirements:
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The program shall consist of housing units owned by the Monroe County Board of
County Commissioners ("BOCC", "Board", "Monroe County", or the "Board") and
rented/leased to Monroe County BOCC non -probationary employees, and Monroe
County Sheriff s Office employees where necessary for security purposes, as determined
by the Board from time to time by resolution.
The BOCC's 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
Units will be leased at rates determined by the Board from time to time by resolution.
The program units deed restricted as affordable employee housing under LDC 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 park
operations). Letters of recommendation from interested applicants' 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.
47 Section 3. Construction and Interpretation. This Resolution, being necessary for the
48 health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally
49 construed to effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be
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1 construed in favor of the Monroe County Board of County Commissioners, and such construction and
2 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in
3 bankruptcy, and on appeal.
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5 Section 4. Non -Reliance by Non -Parties and No Third -Party Rights or Beneficiaries.
6 Nothing contained herein shall create or be construed or interpreted to create any relationship,
7 contractual or otherwise, with, or any rights in favor of, any third party. No person or entity shall be
8 entitled to rely upon this Resolution or any provision hereof to enforce or attempt to enforce any claim
9 or entitlement to or benefit of any service or program contemplated hereunder.
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11 Section 5. Section Headings. Section headings have been inserted into this Resolution as
12 a matter of convenience of reference only, and shall not be used in the interpretation or construction
13 of this Resolution or any part thereof.
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15 Section 6. No Liability. Monroe County expressly reserves and in no way shall be
16 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
17 governmental, and other similar defense, immunity, exemption, or protection against any suit, cause-
18 of -action, demand, or liability.
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20 Section 7. Severability. If any provision of this Resolution, or any part or portion thereof,
21 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
22 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
23 neither limit or impair the operation, enforceability, or validity of any other provision of this
24 Resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this Resolution and
25 remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and effect.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a duly noticed regularly scheduled public meeting of the BOCC held on the 18t" day of May, 2022.
ATTEST: KEVIN MADOK, CLERK
By:
S DEP TY CLERK
Mayor David Rice Yes
Mayor Pro Tern Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner James Scholl Yes
Commissioner Holly Merrill Raschein Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORED
v
By: =�
May avid Rice
MONROE GO ATTORNEY'z1
APP O. TO: FORM
PETER MORRIS
ASSISTANTT OOUN Y ATTORNEIL
Date: 5/3/22 -
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