Item Q03 Q.3
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
November 15, 2022
Agenda Item Number: Q.3
Agenda Item Summary #11325
BULK ITEM: No DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
No
AGENDA ITEM WORDING: Discussion and direction on implementation of the employee
housing program.
ITEM BACKGROUND: The County currently owns four(4)residential units. Three (3) are
currently rented to County employees. The fourth was destroyed by hurricane Irma and is being
rebuilt using FEMA public assistance grants. The three currently occupied by employees are in Key
Largo. The unit being replaced using hurricane Irma funds is on Big Pine Key. None of these are
subject to affordable housing deed restrictions that establish maximum rental rates and impose
income limits when selecting occupants. The rents charged were established years ago and are well
below the HUD standard applied on parcels restricted by affordable allocations.
The BOCC established an employee housing rental program and has been asked to approve issuance
of an RFP to construct four(4) additional housing units. These new units will be subject to an
affordable housing deed restriction based on Ordinance 2015-116, which limits development of
these properties to deed restricted affordable housing, and will therefore be subject to maximum
income limits for occupants, and maximum rental rates. Staff will review the process used to date to
set rents and select lessees for the existing units. Staff will also offer options for the future restricted
affordable units and possible changes to the processes for the existing units.
PREVIOUS RELEVANT BOCC ACTION:
18 MAY 2022 At its regular meeting the BOCC adopted Resolution 155-2022 establishing an
employee housing rental program
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Discussion
Packet Pg. 3693
Q.3
DOCUMENTATION:
Resolution 155-2022
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
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:
Additional Details: n/a
N/A
REVIEWED BY:
Kevin Wilson Completed 10/26/2022 12:28 PM
Christine Hurley Completed 10/27/2022 11:20 AM
Emily Schemper Completed 10/28/2022 10:47 AM
Bob Shillinger Completed 10/31/2022 11:45 AM
Budget and Finance Completed 10/31/2022 12:05 PM
Lindsey Ballard Completed 10/31/2022 1:55 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
Packet Pg. 3694
Q.3.a
M .w
MONROE COUNTY, FLORIDA BOARD
OF COUNTY COMMISSIONERS
RESOLUTION NO. 155 -2022 0
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ("BOCC") ESTABLISHING THE 0.
MONROE COUNTY EMPLOYEE HOUSING RENTAL a�
PROGRAM FOR RESIDENTIAL UNITS OWNED BY THE 0
MONROE COUNTY BOCC WHICH ARE RENTED TO MONROE �?
COUNTY BOCC AND MONROE COUNTY SHERIFF'S OFFICE
EMPLOYEES AT REASONABLE RENTAL RATES. E
CL
1 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board", L_
2 "Monroe County", or the"County") currently offers a number of County-owned housing units to its a
3 employees for long-term lease, but this has not yet been formally established, by resolution, as an 2
4 official BOCC affordable employee housing program; and
5
06
6 WHEREAS, the BOCC currently owns four (4) housing units which have been rented to a
7 County and Monroe County Sheriff's Office employees at reasonable rental rates to assist with .2
8 employee retention and to assist with on-site management of certain sites (such as parks and
9 beaches); and
10
11 WHEREAS, certain BOCC-owned units, although not subject to specific deed restriction, N
12 are rented to said employees at reasonable rental rates that have been approved by the BOCC when N
13 leases with said employees are approved; and LO
14
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 0
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
19
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
23
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;
28
29
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Packet Pg. 3695
Q.3.a
I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
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.
6
7 Section 2. A "Monroe County Employee Housing Rental Program" (the "program") is hereby
8 established, subject to the following guidelines and requirements:
9
10 1. The program shall consist of housing units owned by the Monroe County Board of 0
11 County Commissioners ("BOCC", "Board", "Monroe County", or the "Board") and
12 rented/leased to Monroe County BOCC non-probationary employees, and Monroe
13 County Sheriff s Office employees where necessary for security purposes, as determined 0.
14 by the Board from time to time by resolution.
15 2. The BOCC's inventory of units within the program is: ,0
16 (a.) 382 Caribbean Ave.; Unit A; Key Largo, FL �?
17 (b.) 382 Caribbean Ave.; Unit B; Key Largo, FL
18 (c.) 41 Judy Place; Key Largo, FL E
19 (d.) 701 Sands Road; Big Pine Key, FL
CL
20 3. Units will be leased at rates determined by the Board from time to time by resolution. L_
21 4. The program units deed restricted as affordable employee housing under LDC Section 9=
22 139-1 must comply with income limits, maximum rental rates, and all other requirements 2
23 of the Code, and shall be subject to all qualification and monitoring requirements of the a
24 Code.
25 5. New units may be added to the program by BOCC-approved Resolution as they are 06
26 acquired and/or constructed, and become available for lease. g
27 6. Staff is hereby authorized to implement this program according to the foregoing
28 guidelines and/or requirements, including by creating and administering non-legislative
29 rules,policies,processes, and procedures, relating to, arising out of, or in connection
30 with the program, including but not limited to leases, qualification when required, N
31 income qualification when required, etc. Q
32 7. Only non-probationary employees are eligible. When a unit is available, the County will LO
33 offer the tenancy as directed by the BOCC. Rental rates shall be established. Occupancy
34 may be targeted to a specific variety of staff(for example, a housing unit located at a
35 park may be rented to park maintenance staff to assist the County with streamlined park
36 operations). Letters of recommendation from interested applicants' Department heads U)
37 must be provided by such applicants. Applicants will be initially selected by lottery. If
38 there are applicable requirements to qualify (for example, income requirements), each
39 person or persons initially selected by lottery will be reviewed to ensure qualification and
40 income eligibility to ensure the person can meet the salient restriction(s) and/or
41 requirement(s). If the person initially selected by lottery does not meet a materially
42 relevant restriction or qualification requirement, the next person(s) in numerical order
43 will become the operative initially selected person(s), and that process shall proceed,
44 until an eligible person or persons who can meet all such requirements/restrictions is/are
45 chosen.
46
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
2of3
Packet Pg. 3696
Q.3.a
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.
4
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.
10
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 CL
13 of this Resolution or any part thereof.
14
15 Section 6. No Liability. Monroe County expressly reserves and in no way shall be E
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.
19 CL
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. 06
26 E
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
28 a duly noticed regularly scheduled public meeting of the BOCC held on the I day of May, 2022.
29
30 Mayor David Rice Yes N
31 Mayor Pro Tern Craig Cates Yes N
32 Commissioner Michelle Coldiron YesLO
33 Commissioner James Scholl Yes
34 Q°� Commissioner Holly Merrill Raschein Yes
35 i 23
36 BOARD OF COUNTY COMMISSIONERS U)
37 _ OF MONROE COUNTY,FLORIDA
38
- :
39 -- _ By: :v E
6
40 .,�o�� ,„.s�� Mayo avid Rice
41 (SE
42 ATTEST: KEVIN MADOK, CLERK
43 ROE GO ATt6RNEY'z1�, -
APP O. TO:FORM
44 By:
- _
45 S DEP TYCLERK
PETER MORRIS
ASSISTANTT-COUNTY ATTORNEY' ^�
Date: 5/3/22
3 of 3
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