Item N03 N.3
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: N.3
Agenda Item Summary #11699
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
No
AGENDA ITEM WORDING: Approval of a resolution setting the rent, applicant qualifications,
and conditions for the employee rental housing program.
ITEM BACKGROUND: The County operates four(4) existing employee rental housing units and
will be adding several more in the next year. At the January regular BOCC meeting, staff reviewed
several parameters including how to set rent, who would be eligible for the program, minimum
qualifications for certain units, and a number of other parameters. This resolution memorializes the
guidance provided by the BOCC.
All of the parameters included in the resolution were as directed by the BOCC except one. Staff has
added the Miami-Dade and Collier counties to the areas in which a successful applicant may not
have an ownership interest in another residential property.
PREVIOUS RELEVANT BOCC ACTION:
15 JAN 2023 BOCC provides guidance on the various parameters to be included in the
resolution
15 NOV 2022 BOCC approved issuance of an RFP for construction of up to four(4) employee
Housing units on Big Pine Key
18 MAY 2022 BOCC adopted Resolution 155-2022 establishing the employe housing rental
program
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
2023-02-15 County Employee Housing Rental Resolution
Resolution 155-2022
FINANCIAL IMPACT:
Effective Date: Upon approval of the resolution
Expiration Date: When repealed
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: Staff time
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Kevin Wilson Completed 01/28/2023 4:42 PM
Bob Shillinger Completed 01/30/2023 1:43 PM
Bryan Cook Completed 01/30/2023 1:52 PM
Budget and Finance Completed 01/30/2023 2:00 PM
Brian Bradley Completed 01/31/2023 8:38 AM
Lindsey Ballard Completed 01/31/2023 10:01 AM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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RESOLUTION NO. -2023
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A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
("BOCC") ESTABLISHING THE METHOD 0
OF SELECTION OF LESSEES ;
SETTING LEASE TERMS ; AND
ESTABLISHING THE METHOD FOR CL
SETTING THE RENTAL RATES FOR 0
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COUNTY OWNED EMPLOYEE 0
H O U S I N G RESIDENTIAL UNITS.
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WHEREAS, the Monroe County Board of County Commissioners ("BOCC", 06
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"Board", or "County") established an employee housing rental program by Resolution
155-2022; and 2
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WHEREAS, Resolution 155-2022 specifies that rental rates be established by
resolution of the board but does not establish a method of setting those rents; and
WHEREAS, the BOCC intends that all full time employees have an opportunity U)
to lease units when they are available, subject to any affordable income limits, when
applicable; and
WHEREAS, the lack of availability of affordable rental housing opportunities for 0
BOCC employees represent a threat to the County's ability to provide government W
services necessary to promote and protect the health, safety, and welfare of the residents
of and visitors to the County and therefore, the County's provision of a rental housing
program serves a public purpose; and
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WHEREAS, the BOCC wishes to establish procedures to be used by staff to
select lessees which make efficient use of employee rental housing units; X
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NOW, THEREFORE, BE IT RESOLVED by the Board of County 2
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Commissioners of Monroe County, Florida, that: E
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Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully set forth U
herein. T-
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1 Employee Rental Housing
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Section 2. Definitions. The following defined terms are used in subsequent sections:
1. Household Members means all residents of the unit. This may include 0-
spouses, domestic partners, roommates who choose to share a unit,
dependent children &parents. Only one spouse or domestic partner is
required to be an eligible County employee. 0
2. Household income is defined to be the sum of the basic income excluding
overtime and incentive pay of all residents (spouses, domestic partners, 0.
roommates but, excluding dependents) (Income counted for the restricted 0
units is as defined by MC LDC 139-1). 0
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3. Domestic Partners are two adults who have chosen to share one another's
lives in a committed family relationship of mutual caring. Two individuals
are considered to be Domestic Partners if: U
a. they consider themselves to be members of each other's immediate '
family;
b. they agree to be jointly responsible for each other's basic living 0
expenses:
C. neither of them is married or a member of another Domestic
Partnership; U)
d. they are not blood related in a way that would prevent them from
being married to each other under the laws of Florida;
e. each is at least of the legal age and competency required by Florida
Law to enter into a marriage or other binding contract; 0
f. they each sign of Declaration of Domestic Partnership as provided
in for Section 14.03 of the Personal Policy and Procedures Manual;
and
g. they both reside at the same residence.
Section 3. EliLyibility. All full time, career service employees of the Monroe County, FL
Board of County Commissioners are eligible to apply for a County housing unit. Some X
units are restricted based on maximum household income; others are not restricted. This
program will only be available to applicants or occupants who possess no 2
0.
ownership interest in a residential property in Monroe County or the contiguous
counties of Miami-Dade and Collier counties.
Section 4. Selection of Lessees. When a housing unit becomes available, the County 0
will advertise its availability and the deadline for submitting an application. If a unit is
restricted to occupants meeting the affordable income limits, applicants will be required N
to submit proof of income eligibility as part of the application. After the application
deadline, successful applicants will be selected by lottery. If more than one unit is Q
available, the first selected applicant will have their choice of units for which they are
eligible, the next drawn applicant will have second choice, and so on until all units are
assigned.
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Section 5. Restrictions on Allplications.
1. One bedroom units will be available to all qualified applicants.
2. Two bedroom units will be available to applicants who have at least two
Household Members. U)
3. Three bedroom units will be restricted to qualified applicants with a 0
minimum of three Household Members.
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4. On income restricted units, applicant's household must meet the income
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restrictions. E
5. Applications must include a letter from applicant's department head
recommending applicant and letter must be approved by County U)
Administrator or designee. g
6. Request to allow pets must be included with application and are subject to
approval by the County Administrator or his designee. U
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Section 6. Restrictions on continuing occupancy and renewal applications.
1. One bedroom units will be available to all qualified applicants.
2. Two bedroom units will be available to applicants who have at least two 0
Household Members.
3. Three bedroom units will be restricted to qualified applicants with a
minimum of three Household Members. U)
4. Applicant must have a recommendation from applicant's department head.
5. On income restricted units, applicant's household must continue to meet
the income restrictions.
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Section 7. Lease Terms.
1. Leases will be for one year.
2. Leased property must be a primary residence.
3. Security deposit is one month's rent.
4. Monthly utility bills are the Lessees' responsibility. U)
5. Leases may be renewed subject to the BOCC's rules of the program. X
6. There is no limit on the number of renewals subject to the applicant
remaining eligible for the unit. 2
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7. Pets are subject to approval by the County Administrator or his designee.
8. Leases shall include an early termination provision in the event the
qualified applicant leaves County employment.
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Section 8. Establishment of Rent.
1. For units established with affordable restriction (or otherwise restricted to
affordable guidelines)the monthly rent will be the lesser of: 0-
• 22.5% of the Household Income, or
• the maximum allowable rent for the type of unit under the HUD U)
affordable housing guideline for Median Income in effect on the 0
inception date of the unit lease.
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2. For units that are not established with affordable restrictions)the monthly rent E
will be the lesser of: 0
• 22.5% of the Household Income or U)
• the maximum allowable rent for the type of unit under the HUD g
affordable housing guideline for Median Income in effect on the
inception date of the unit lease. U
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3. Residents occupying an existing County unit continuously since 1 January a
2023 will have their rent increased on their next anniversary date of their lease
to the lesser of: U)
• The midpoint between their current rent and either 22.5% of their
Household Income, or
• The midpoint between their current rent and the maximum allowable 0
rent for the type of unit under the HUD affordable housing guideline
for Median Income in effect on the inception date of the unit lease.
4. Residents occupying an existing County unit continuously since 1 January 0
2023 will have their rent increased on their 2nd anniversary date of their lease
to the lesser of:
• 22.5% of their Household Income, or
• the maximum allowable rent for the type of unit under the HUD
affordable housing guideline for Median Income in effect on the
inception date of the unit lease.
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Section 9 Lease documents. The County Attorney or his designee shall prepare a
standard lease instrument and any other document necessary to implement this program. 2
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Those documents may be updated at the time of each lease renewal.
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Section 10. Construction and InterUretation. This Resolution, being necessary for
the health, safety, and welfare of the residents of and visitors to Monroe County, 0
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shall be liberally construed to effect(uate) the public purpose(s) hereof. LO
Interpretation of this Resolution shall be construed in favor of the Monroe County N
Board of County Commissioners, and such construction and interpretation shall
be entitled to great weight in adversarial administrative proceedings, civil actions, Q
in bankruptcy, and on appeal.
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Section It. Non-Reliance by Non-Parties and No Third-Party Rights or
Beneficiaries. Nothing contained herein shall create or be construed or interpreted
to create any relationship, contractual or otherwise, with, or any rights in favor of, any 0
third party. No person or entity shall be entitled to rely upon this Resolution or any
provision hereof to enforce or attempt to enforce any claim or entitlement to or benefit of
any service or program contemplated hereunder. 0
Section 12. Section Headings. Section headings have been inserted into this Resolution
as a matter of convenience of reference only, and shall not be used in the interpretation or CL
construction of this Resolution or any part thereof. 0
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Section 13. No Liability. Monroe County expressly reserves and in no way shall be
deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any
sovereign, governmental, and other similar defense, immunity, exemption, or protection
against any suit, cause-of-action, demand, or liability. U
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Section 14. Severability. If any provision of this Resolution, or any part or portion
thereof, is held to be invalid or unenforceable by any administrative hearing officer or
court of competent jurisdiction, the invalidity or unenforceability of such provision, or 0
any part or portion thereof, shall neither limit or impair the operation, enforceability,
or validity of any other provision of this Resolution, or any remaining part(s) or
portion(s)thereof. All other provisions of this Resolution and remaining part(s) or 0
portion(s)thereof, shall continue unimpaired in full force and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 151h day of February 2023. 0
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Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michele Lincoln
Commissioner James K. Scholl
Commissioner David Rice
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
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By By
Deputy Clerk Mayor/Chairperson 0
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Approved for form and legal sufficiency ,
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Digitally signed by Robert B.Shillinger
Robert B. Shillinger oMM Robert B.Shi llinger, Monroe County BOCC, CN
v=Monroe County Attorney,
email=shillinger-
bob@monroecounty-fl.gov,—US
Date:2023.01.30 13:41:54-05'00'
Robert B. Shillinger, Monroe County Attorney
5 Employee Rental Housing
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MONROE COUNTY, FLORIDA BOARD
OF COUNTY COMMISSIONERS
RESOLUTION NO. 155 -2022 CL
A RESOLUTION OF THE MONROE COUNTY BOARD OF
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COUNTY COMMISSIONERS ("BOCC") ESTABLISHING THE
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MONROE COUNTY EMPLOYEE HOUSING RENTAL
PROGRAM FOR RESIDENTIAL UNITS OWNED BY THE 2
MONROE COUNTY BOCC WHICH ARE RENTED TO MONROE E
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 U
3 employees for long-term lease, but this has not yet been formally established, by resolution, as an 06
4 official BOCC affordable employee housing program; and
5
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 0
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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 N
13 leases with said employees are approved; and N
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15 WHEREAS, certain County-owned units are subject to affordable housing deed restrictions a
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 0
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
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
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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:
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10 1. The program shall consist of housing units owned by the Monroe County Board of
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
14 by the Board from time to time by resolution.
15 2. The BOCC's inventory of units within the program is: 2
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16 (a.) 382 Caribbean Ave.; Unit A; Key Largo, FL E
17 (b.) 382 Caribbean Ave.; Unit B; Key Largo, FL -
18 (c.) 41 Judy Place; Key Largo, FL U)
19 (d.) 701 Sands Road; Big Pine Key, FL
20 3. Units will be leased at rates determined by the Board from time to time by resolution.
21 4. The program units deed restricted as affordable employee housing under LDC Section U
22 139-1 must comply with income limits, maximum rental rates, and all other requirements 06
23 of the Code, and shall be subject to all qualification and monitoring requirements of the
24 Code.
25 5. New units may be added to the program by BOCC-approved Resolution as they are U)
26 acquired and/or constructed, and become available for lease.
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 0
29 rules,policies,processes, and procedures, relating to, arising out of, or in connection U)
30 with the program, including but not limited to leases, qualification when required,
31 income qualification when required, etc. N
32 7. Only non-probationary employees are eligible. When a unit is available, the County will Q
33 offer the tenancy as directed by the BOCC. Rental rates shall be established. Occupancy LO
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 2
36 operations). Letters of recommendation from interested applicants' Department heads
37 must be provided by such applicants. Applicants will be initially selected by lottery. If U)
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
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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.
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 0-
9 or entitlement to or benefit of any service or program contemplated hereunder. CL
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
13 of this Resolution or any part thereof.
14 2
15 Section 6. No Liability. Monroe County expressly reserves and in no way shall be CL
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- 0
18 of-action, demand, or liability.
19
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 U
22 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall 06
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. U)
26
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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 18t"day of May, 2022.
29
30 Mayor David Rice Yes W
31 Mayor Pro Tern Craig Cates Yes CN
32 Commissioner Michelle Coldiron Yes Q
33 Commissioner James Scholl YesLO
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34 Q°� Commissioner Holly Merrill Raschein Yes
35 i 23
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY,FLORIDA
38
39 '• - _ By:
6
40 .,�o�� ,„.s�� Mayo avid Rice E
41 (SE
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42 ATTEST: KEVIN MADOK, CLERK
43 ROE GO ATtORNEY'z1�, -
AP! O. TO:FORM
44 By:
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45 S DEP TYCLERK
PETER MORRIS
AS8I$TANTT-00UMIY ATTORNEIL ^�
Date: 5/3/22
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