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Item Q2 Q.2 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: Q.2 Agenda Item Summary #11871 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 TBD AGENDA ITEM WORDING: A public hearing to consider an ordinance amending Article III, Division 5 of the Monroe County Code (County Attorney) and Article V, Division 4 of the Monroe County Code (Risk Management Program). ITEM BACKGROUND: The proposed ordinance covers three subjects: Risk Management, the County Attorney's Office in general, and Public Records. Risk: In 1988, Ordinance No. 025-1988 was adopted, creating the County Risk Management program and the Uninsured Loss Fund. At the time, the risk management program was administered from within Employee Services. On October 1, 2015, the risk management program was moved to the County Attorney's Office, within which it currently operates. It is desirable to enact an ordinance to reflect the move to the County Attorney's Office, and also to clarify the monetary authority for settlement of risk management claims between the risk manager, County Attorney, County Administrator, and Board of County Commissioners. County Attorney's Office: In 2004, Ordinance No. 039-2004 was adopted, establishing the office of the Monroe County Attorney and spelling out the authority of the County Attorney with respect to the defense of claims against the County and authority of the County Attorney to settle claims filed against the County. Since that time, the County Attorney's Office has taken on numerous additional responsibilities. The proposed ordinance clarifies the authority and the responsibilities of the County Attorney to settle different types of claims filed by and against the County. The proposed ordinance also clarifies the steps that the County should take once a mortgage in which the County is involved (e.g., a State Housing Initiative Program, or SHIP, mortgage), and clarifies the authority of the County Attorney to execute documents to show that the mortgage has been satisfied. The proposed ordinance also grants more authority to the County Attorney to retain outside counsel where an imminent need exists, subject to ratification of the BOCC and to waive conflicts of interest for outside counsel subject to Rules Regulating the Florida Bar; and increases the certification pay that can be paid to the County Attorney and Assistant County Attorneys for Florida Bar areas of Packet Pg.4086 Q.2 specialization. Public Records: Currently, there is no ordinance specifically laying out the responsibilities and authority of the public records unit, which also operates within the County Attorney's Office. It is desirable to list and codify those responsibilities and the authority of that unit to act as coordinator for public records request, retention, and disposition in accordance with State records retention schedules, while simultaneously spelling out the responsibilities of County departments to cooperate with the public records manager. PREVIOUS RELEVANT BOCC ACTION: 4/19/1988: BOCC adopted Ordinance No. 025-1988, creating County risk management program including uninsured loss fund 12/15/2004: BOCC adopted Ordinance No. 039-2004, establishing the office of Monroe County Attorney (amended by Ordinance No. 026-2005) CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: CAY ordinance 2.27.2023 FINANCIAL IMPACT: Effective Date: upon adoption Expiration Date: none 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: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: No. Additional Details: n/a Packet Pg.4087 Q.2 REVIEWED BY: Cynthia Hall Completed 03/07/2023 3:38 PM Bob Shillinger Skipped 03/07/2023 5:11 PM Purchasing Completed 03/07/2023 5:13 PM Budget and Finance Completed 03/07/2023 5:17 PM Brian Bradley Completed 03/07/2023 5:18 PM Lindsey Ballard Completed 03/07/2023 5:36 PM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg.4088 Q.2.a ORDINANCE -2023 AN ORDINANCE AMENDING SECTION 2-180 OF THE MONROE COUNTY CODE OF ORDINANCES TO GRANT AUTHORITY TO THE COUNTY ATTORNEY TO RETAIN OUTSIDE COUNSEL UNDER CERTAIN CIRCUMSTANCES SUBJECT TO RATIFICATION OF THE BOARD OF COUNTY COMMISSIONERS AND TO WAIVE CONFLICTS OF INTEREST FOR OUTSIDE COUNSEL UNDER CERTAIN CIRCUMSTANCES; AMENDING SECTION 2-181(C) OF THE MONROE COUNTY CODE TO UPDATE THE COUNTY ATTORNEY'S OFFICE ORDINANCE CURRENTLY CODIFIED IN CHAPTER 2, ARTICLE III, DIVISION 5 OF THE MONROE COUNTY CODE; EXPANDING THE SUBJECT MATTER AREAS IN WHICH ATTORNEYS MAY RECEIVE COMPENSATION >- FOR ACHIEVING CERTIFICATION UNDER THE FLORIDA < u BAR; CREATING SECTION 2-181(D) PROVIDING THAT THE COUNTY ATTORNEY'S SIGNATURE SHALL BE FINAL WITH RESPECT TO PERSONNEL ACTIONS FOR OFFICE PERSONNEL AND SUPPORT STAFF; AMENDING SECTION 2- 182 OF THE MONROE COUNTY CODE TO CLARIFY THE SCOPE OF THE COUNTY ATTORNEY'S AUTHORITY TO a DEFEND ACTIONS AGAINST THE COUNTY; AMENDING SECTIONS 2-184 AND 2-185 OF THE MONROE COUNTY CODE Z OF ORDINANCES IN ORDER TO CLARIFY THE COUNTY ATTORNEY'S SETTLEMENT AUTHORITY FOR CLAIMS cn FILED BY AND AGAINST THE COUNTY; CREATING SECTION a 2-187 WITHIN CHAPTER 2, ARTICLE III DIVISION 5 OF THE MONROE COUNTY CODE OF ORDINANCES, GRANTING THE a COUNTY ATTORNEY AUTHORITY TO EXECUTE SATISFACTION OF MORTGAGE DOCUMENTS; AMENDING m CHAPTER 2, ARTICLE V DIVISION 4 (RISK MANAGEMENT PROGRAM) OF THE MONROE COUNTY CODE IN ORDER TO REVISE MONETARY AMOUNTS FOR SETTLEMENT u AUTHORITY AND ALSO TO CHANGE THE LOCATION OF ORDINANCES CONCERNING THE RISK MANAGEMENT PROGRAM WITHIN THE MONROE COUNTY CODE OF ORDINANCES; AMENDING SECTIONS 2-328 AND 2-329 OF THE MONROE COUNTY CODE IN ORDER TO CLARIFY THE RESPONSIBILITY OF THE COUNTY ATTORNEY TO PERFORM LEGAL SERVICES FOR THE RISK MANAGEMENT PROGRAM AND TO CLARIFY THAT UNALLOCATED COSTS AND EXPENSES ASSOCIATED WITH THE RISK MANAGEMENT PROGRAM MAY BE PAID FOR BY THE RISK FUND; CREATING DIVISION 8 WITHIN ARTICLE III, "PUBLIC Page 1 of 10 Packet Pg.4089 Q.2.a RECORDS," AND LAYING OUT THE RESPONSIBILITIES OF THE PUBLIC RECORDS UNIT WITHIN THE COUNTY ATTORNEY'S OFFICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR INCLUSION WITHIN THE MONROE COUNTY CODE OF ORDINANCES AND RENUMBERING AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. a� c� WHEREAS, on December 15, 2004, the Monroe County Board of County Commissioners (BOCC) adopted Ordinance No. 039-2004, establishing the office of the Monroe County Attorney and spelling out the authority of the County Attorney with respect to the defense of claims against the County, including the authority of the County Attorney to settle claims filed against the County; and WHEREAS, Ordinance No. 039-2004 granted authority to the County Attorney to settle claims filed against the County when the amount to be paid by the County did not exceed fifteen thousand dollars ($15,000), or with the written concurrence of the County Administrator if the settlement amount to be paid by the County was in excess of fifteen thousand dollars ($15,000) but did not exceed twenty-five thousand dollars($25,000), or with prior approval of the Board of County Commissioners if the settlement M to be paid by the County was in excess of twenty-five thousand dollars ($25,000); and 0 WHEREAS, on September 28,2005,the BOCC adopted Ordinance No. 026-2005, clarifying that the County Attorney also had authority to settle claims on behalf of the County in any lawsuit in which the County was a parry, where the settlement value to be received by the County did not exceed the same .2 specified dollar limits; and WHEREAS,the provisions of Ordinance No. 039-2004 as amended by Ordinance No. 026-2005 were codified and now appear in the Monroe County, Florida Code of Ordinances in Chapter 2 (Administration), Article III (Officers and Employees), Division 5 (County Attorney), Sections 2-175 through 2-189, inclusive (the "County Attorney Ordinance"); and WHEREAS, the Monroe County Social Services Department administers and provides State Housing Initiative Program (SHIP) funds in the form of a loan for the purchase of a home by qualified 0 first time homebuyers; and U WHEREAS, SHIP funds loaned to qualifying individual(s) have to be repaid to Monroe County; and c� WHEREAS, in order to receive SHIP funds, Monroe County requires that qualifying individuals execute a promissory note agreeing to repay the loan as well as a mortgage against the property securing Monroe County's interest in the loan; and WHEREAS, the Monroe County Social Services Department administers and provides Community Development Block Grant (CDBG) funds in the form of a forgivable loan for the repair, renovation, and rehabilitation of qualifying existing properties; and Page 2 of 10 Packet Pg.4090 Q.2.a WHEREAS, CDBG loans are forgiven under certain conditions; however, the loan becomes due and payable if the conditions are not met; and WHEREAS,in order to receive CDBG funds,Monroe County requires that qualifying individuals execute a promissory note agreeing to repay the loan if certain conditions are not met, as well as a mortgage against the property securing Monroe County's interest in the loan; and WHEREAS, recipients of either the SHIP loan funds or the CDBG loan funds are entitled to a Satisfaction of Mortgage upon repayment and/or successful completion of the loan terms; and WHEREAS, the County Attorney's office reviews all of the documents provided by recipients of either the SHIP loan funds or the CDBG loan funds to verify repayment and/or successful completion 0 of the loan terms; and WHEREAS, Section 2-185 of the Monroe County code, titled: Settlement of Code compliance and Other Liens, grants the authority to the County Attorney code compliance and other liens; and U WHEREAS, the Board of County Commissioners finds it to be in the best interest of the county to provide a specific provision addressing the authority of the County Attorney to issue a Satisfaction of Mortgage; and 0 WHEREAS, on April 19, 1988,the BOCC adopted Ordinance No. 025-1988, creating the County Risk Management program and the Uninsured Loss Fund; and 2 WHEREAS, the provisions of Ordinance No. 025-1988 were codified and appear in the Monroe 0 County, Florida Code of Ordinance in Chapter 2, Article V (Finance), Division 4 (Risk Management), in Sections 2-323 through 2-329, inclusive (the "Risk Management Ordinance"); and c� WHEREAS, until September 30, 2015, Risk Management was a department within the Division of Employee Services, however, on October 1, 2015, Risk Management was moved within the County N Attorney's Office, reporting to the County Attorney; and CU WHEREAS, the County Attorney wishes to update the County Attorney Ordinance in order to clarify situations in which the County may retain the services of outside counsel for legal matters and also 0 waive conflicts of interest; and U WHEREAS, the County Attorney wishes to update the County Attorney Ordinance in order to clarify the types of claims that may be settled by the County Attorney and also to bring the monetary E amounts in line with amounts for purchasing authority in the Monroe County Purchasing Policy; and CU WHEREAS, the County Attorney wishes to update the Risk Ordinance in order to increase the monetary authority of the Risk Administrator and County Administrator to settle cases and to bring the dollar figures in line with purchasing authority in the Monroe County Purchasing Policy; and WHEREAS, the County Attorney also wishes to move the Risk Management Ordinance to a different area within the Monroe County Code of Ordinances so that the organization of the Monroe Page 3 of 10 Packet Pg.4091 Q.2.a County Code of Ordinances reflects the integration of the Risk Management Program into the County Attorney's Office; and WHEREAS, Section 2-181(c) of the Monroe County Code, which codifies Ordinance No. 039- 2004 adopted by the Board of County Commissioners in 2004, sets up a specialization program for the County Attorney and assistant county attorneys whereby the County Attorney and each assistant county attorney currently receives the sum of$250.00 per month for each month in which he or she obtains and maintains certification in City, County and Local Government law by the Florida Bar; and WHEREAS, the certification program run by the Florida Bar is offered not only in the area of City, County and Local Government law, but in a total of 27 areas, many of which (such as aviation, construction law, labor& employment law, and real estate) are germane to the legal issues handled by the County Attorney's Office; and WHEREAS, the amount of the board certification incentive stipend has never been adjusted for U inflation since it was established in 2004; and WHEREAS, it is in the best interests of the County to encourage, promote and maintain special legal expertise in these additional areas,because the legal expertise will inure to the benefit of the County; and WHEREAS, it is advisable to codify the authorities and responsibilities of the public records unit .2 within the County Attorney's Office; and WHEREAS, Section 2-178 of the Monroe County Code provides that the County Attorney shall be responsible for overseeing and approving the selection, hiring, supervising, discipling, and termination of all assistant county attorneys, and Section 2-181(a) provides that the County Attorney shall be responsible for overseeing and approving the selection, hiring, supervising, disciplining, and termination CU of all staff and support personnel within the County Attorney's Office; and 0 WHEREAS, in light of the foregoing, it is desirable to add language to the County Attorney's Ordinance clarifying that the County Attorney's signature shall be sufficient and final for all personnel U actions, including but not limited to hiring, promotions, pay increases and terminations, for assistant county attorneys, staff and support personnel within the County Attorney's Office, whenever the County Administrator's signature would be required for other County personnel. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: (Additions are shown with underlines; deletions are shown within strikethroughs.) Page 4 of 10 Packet Pg.4092 Q.2.a SECTION 1. Section 2-180 of the Monroe County Code, Employment of Outside Counsel, is revised to amend subsection (a) and to add a subsection (b), to read as follows: (a) When the county attorney determines that the best interests of the county would be served by using the expertise of outside counsel, the county attorney shall request that the board retain the outside counsel recommended by the county attorney. If the board concurs with the county attorney's recommendation, then the board shall retain the outside counsel through a standard engagement contract prepared by the county attorney and approved by the board. The engagement contract must contain, at a minimum, a description of the legal services to be provided and the fee, or basis of the fee, to be paid for such services. No fee may be paid to outside counsel without the review and approval of the county attorney or the county attorney's designee. Where it is in the best interests of the county to retain outside counsel imminently and time does not permit board approval prior to the purchase, the county attorney may authorize purchase of the legal services including execution of all necessary documents, subject to ratification by the board. U The county attorney shall have the authority, when appropriate and in the best interests of the County, to waive any conflicts of interest for outside counsel currently M representing the county, who wish to represent another party in a second transaction to which the county is a party,provided that(a) outside counsel requests the waiver in writing, (b)the outside counsel are not currently representing the County in the second transaction, and (c) outside counsel meet all of the requirements of Rule 4.17 of the Rules Regulating the Florida Bar. .2 SECTION 2. Section 2-181(c) of the Monroe County Code shall be revised to read as follows: Sec. 2-181.-Office management and support staff. a� c� (c) Specialization. In order to encourage,promote, and maintain special expertise in local government law, the board recognizes that the Florida Bar, under the aegis of the Florida Supreme Court, has adopted a-special certification programs for attorneys in certain 0 subject matter areas eft", „ly,t. and legal o., merit',,,:. and that it would be to the benefit of county government to have such specially certified attorneys in the County Attorney's Office. Accordingly, the ea-eh county attorney and each assistant county attorney shall receive the sum of$2-58500.00 per month for each month in which he obtains and maintains certification in city, county, and local government law, or such other areas as may be approved by the county attorney. < SECTION 3. Anew Section 2-181(d) shall be created, which shall read as follows: (d) The signature of the county attorney shall be sufficient and final for the purpose of all necessary-personnel actions with respect to all assistant county attorneys, staff, and Page 5 of 10 Packet Pg.4093 Q.2.a support personnel within the office of the county attorney, whenever the signature of the county administrator is required for purposes of all other county staff. SECTION 4. Section 2-182 of the Monroe County Code shall be revised to read as follows: Sec. 2-182. - County attorney to immediately defend all actions, proceedings, and claims made against the county. a� The county attorney has the authority to immediately take any legal action necessary to defend any action, proceeding, and claim made against the county without first seeking board approval. The county attorney shall advise the board of the action at the next available board 0 meeting (subject to the notice requirements of F.S. -§-286.011(8), 447.605(1), or 768.28(16), if a closed meeting is to be used). As used in this section the terms actions,proceedings, and claims shall be interpreted to be inclusive of,but not limited to, administrative proceedings, civil actions, actions for extraordinary writs, lawsuits, litigation, notices of claim, statements of claim, pre-suit tort litigation claims, employment law charges and complaints,workers' compensation claims,and request for indemnification of a loss by a third-party for damages alleged to have been caused by the County, whether such claim is legal, equitable, contractual, or administrative in nature. 0 SECTION 5. Section 2-184 of the Monroe County Code shall be revised to read as follows: Sec. 2-184. - c�. Authority to settle certain types of claims .2 for and against the county. (a) Except as otherwise provided in section 2-185, tT-he county attorney or designee is hereby delegated—h ' the authority to negotiate and compromise settlements of claims, litigation and administrative matters, made by or against the county, ftftd N a� and to execute a CU settlement agreements, releases, waivers, satisfactions of judgment, and releases of liens. (b) As used herein, the term claim means any and all types of claims, litigation and administrative matters, with the exception of claims covered by the Risk Management U Program. (c) Settlement authority may be exercised under the following conditions: (1) By the county attorney, in his/her judgment, when the settlement value or amount to be paid or received by the county does not exceed $49,999.99; and (2) By the county attorney, with prior approval of the board at a public meeting of the board, where the settlement value or amount to be paid or received by the county is in excess of$25,000.00 49,999.99. Page 6 of 10 Packet Pg.4094 Q.2.a (d) The county attorney shall file, on at least an annual basis, a report with the board of county commissioners reflecting the number of claims settled pursuant to subsection (c)(1)ggj4:�of this section, the amount of the claim, and the monetary amount paid or received for each claim. SECTION 6. Section 2-185 of the Monroe County Code shall be revised to read as follows: Sec. 2-185. - Settlement of code compliance and other liens. c� (a) The county attorney shall have the authority to compromise or settle any code compliance lien or other lien imposed in favor of the county that has been imposed 0 pursuant to law. Such settlement or compromise shall be upon such terms and conditions, and in such amount, as the county attorney deems just and appropriate under the particular circumstances. (b) The county attorney has the authority to accept a minimum of twenty-five percent(25%) of accrued fines and one hundred percent(100%) of accrued costs in settlement of code compliance cases after said fines and costs have been imposed by a special magistrate. The county will not settle any fine or a cost prior to when compliance with the code is M 0 achieved without the express approval of the Board of County Commissioners. (c) If a settlement or compromise is agreed to by the person or entity legally obliga ed to pay �he-lie* against whom the lien may be enforced prior to the hearing referenced in subsection (d) of this section, the county attorney may execute, on behalf of the county, 2 .2 any document that may be required for recording in the e official records of the county to satisfy or release the lien as imposed. If no agreement can be reached, the matter shall be referred for hearing to the special magistrate. (d) If the property owner complies with the order issued by the special magistrate, the county attorney shall have the authority to dismiss any and all litigation that may be pending arising out of the code compliance case. If the property owner does not comply with the order issued by the special magistrate, the matter shall be placed by the county attorney on the agenda of a scheduled public meeting of the board of county commissioners as an action item. U SECTION 7. Section 2-187 of Chapter 2, Article HI, Division 5 of the Monroe County Code (County Attorney) is hereby created to read as follows: Sec. 2-187.— Satisfaction of SHIP, CDBG, and other mort2a2e liens. (a) Definitions. The following words,terms and phrases,when used in this section,shall have the meaning ascribed to them as shown below, except where the context clearly indicates a different meaning. SHIP means State Housing Initiative Program Page 7 of 10 Packet Pg.4095 Q.2.a CDBG means Community Development Block Grant including but not limited to CDBG- DR grants and other similar types of programs. (b) Upon presentation of proof by a recipient of a SHIP, CDBG, or other County-issued mortgage showing that the repayment or amortization terms of the mortgage have been satisfied, the County shall prepare the Satisfaction of Mortgage document that may be required for recording in the public records of the county to satisfy the SHIP, CDBG, or other County-issued mortgage lien imposed. The recipient of the SHIP, CDBG, or other County-issued mortgage shall be responsible for filing the executed Satisfaction of Mortgage. The County Attorney shall have the authority to execute the Satisfaction of 5 0 Mortgage. SECTION 8. Section 2-326 of the Monroe County Code, Payment of Claims,part of the Risk Management Ordinance, is hereby revised to read as follows: U Sec. 2-326. Payment of risk claims. M (a) The county attorney is authorized to request disbursement of money from the uninsured loss fund as herein provided for the purposes of carrying out the intent of this article. (b) The risk manager may compromise, settle and pay all claims that may be discharged by payment of an amount not to exceed $19,999.99 for each 2 individual claim. The assistant risk manager shall have the authority to compromising, settle, and pay claims that may be discharged up by payment of an amount not to exceed $10,000.00 for each individual claim. Such settlement or compromise shall be for all damages claimed for bodily injury,property damage or both. (c) The county attorney may compromise, settle, and pay claims that may be discharged up N by payment of an amount not to exceed $49,999.99. CU "t3 0 U 4i (d) Proposed settlements in the amount of e$50,000.00 or _rg eater shall be submitted to the board of county commissioners for its approval. E c� SECTION 9. Section 2-328 of the Monroe County Code, Legal Services, is hereby revised to read as follows: The county attorney shall perform all legal services required to accomplish the purpose of the risk management program regarding defense or prosecution . The county attorney may obtain Page 8 of 10 Packet Pg.4096 Q.2.a outside legal services, that shall be paid for by the fund, when the services are deemed necessary and in the best interest of the county. SECTION 10. Section 2-329(b) of the Monroe County Code,part of Costs of Administration, is hereby revised to read as follows: (b) Any unallocated costs and expenses associated with or related to the risk management program may be paid for by the fund c� SECTION 11. Sections 2-323 through 2-345 of the Monroe County Code, currently located within Chapter 2, Article V, Division 4 of the Monroe County Code ("Risk Management Program"), shall be 0 moved to Chapter 2, Article III (Officers and Employees") as a new Division 8, entitled "Risk Management Program." Sections 2-323 through 2-345 shall be appropriately renumbered to conform with the numbering of the Code. SECTION 12. A new Division 8 shall be created within Article II, which shall be titled "Public U Records," and shall read as follows. Paragraphs (a), (b) and (c) set forth below shall be appropriately numbered as separate sections to conform with the numbering of the Code. E 0 a. Establishment of public records unit. i. The term public records shall be as defined in F.S. § 119.011. ii. The county shall have a public records unit, which shall be administratively placed within the office of the county attorney. iii. The unit shall be directed by a public records manager, who shall report to the county attorney, and who shall serve as the coordinator for responding to public records requests. iv. The duties of the public records unit shall be to provide, manage, protect, preserve, and ultimately dispose of county public records in accordance with Florida law, thereby ensuring proper accountability and responsiveness to persons seeking the public records. V. The public records manager is hereby appointed to serve as the Records Management Liaison Officer, who shall be the point of contact between the county and the Florida Division of Library and Information Services. 0 b. Public records contacts within departments and offices. i. The public records manager shall serve as the coordinator for responding to public records public records request. ii. Each department and office within the county shall designate one person to serve as the a primary contact for public records requests within the department. That person shall: i. Manage all records management functions within the department in close coordination with the public records manager. ii. As necessary, forward public records together with appropriate paperwork to the public records manager for disposition. iii. Review established records retention schedules at least annually to ensure compliance. Page 9 of 10 Packet Pg.4097 Q.2.a iii. Each office and department under the Board shall cooperate with the public records manager in responding to public records requests. The failure of County personnel to cooperate with the public records manager shall be grounds for employee discipline. c. Records retention and disposal. It shall be unlawful for any officer or employee of the county to willfully, knowingly, or negligently alter or destroy a public record except in accordance with the requirements of this division and an approved records retention and disposition schedule authorized by the state. Violation of this section shall be unlawful and shall subject the person to penalties as set forth in section 1-8 of this Code. c� SECTION 13. SEVERABILITY. Should any portion of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or 0 any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its W applicability to any other person,property or circumstances. SECTION 14. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. a� SECTION 15. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance M shall be included and incorporated in the Code of Ordinance of the County of Monroe, Florida, as an 0 addition or amendment thereto, and shall be appropriately renumbered as needed to conform to the .2- uniform numbering system of the code. 2 SECTION 16. EFFECTIVE DATE. This Ordinance shall take effect upon the filing with the Department of State as provided in Section 125.66(2), Florida Statutes. c� c� c� PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 22nd day of March, 2023. Mayor Craig Cates Mayor Pro Tem Holly Merrill Raschein >- Commissioner James K Scholl < U Commissioner Michelle Lincoln 4, Commissioner David Rice E c� (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Page 10 of 10 Packet Pg.4098 • . ab , / i • fib Y r 1 j 44: w 0000000000000uuuuuuuuuuuuumiuuuuuuuuuuuuuuuuuuuuuuuuumiufiuuuuuuuuuuuuiiumiiuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum0000000000000000000000000ii0000000000000000000000000ii� ,"... „ i000000000000000i000i REQUEST: f()1JS11",J("W 0,YEAfEJ,)E5Y The applicant is requesting a waiver of the nonresidential I)EV[,,� inclusionary housing requirement in accordance with Land The need to provide affordaWe workforce housing is created by development that demands Development Code (LDC) Section 139-1(f)(4)b. in order to labor (employees). Because non-residential development creates a demand for labor, construct a new 4,296 square foot marine conservation center (employees), the need for affordable workforce housing it creates is determined in this Study. Non-residential develoL)ineot irldUdeS gMefflnlental, industrial, institutional, office, (an institutional use). retail & feStatlraflt, tWriStftecreation, hotel/nrotel, and other development.' Non- residential development creates a need for labor (the workforce) in two ways: (1) The applicant is proposing to construct the new structure on employees who constrUCt the bUilding(s), and (2)employees who work at the building after ---------T Construction �Lost COnStRIC10111 employees . Construction employees (.onstiru(t t[w non- property aggregated with an existing institutional use, operated residential buildings. All different types of employees work at the buildings after they are by Reef Environmental Education Foundation, Inc. complete,depending on the type of bUsiness. The analysis shows that wages and salaries earned by a significant portion of Motiioe County's workforce that WnSh'Wts the buildings or works in the businesses and related LDC Section 139-(f)(3)a. entities that make up non-residential development are insufficient to allows these employees New Development. Each new development project not exempted by to obtain market housing at a price they can reasonably afford. After determining the subsection (4), shall mitigate 50% of the workforce housing demand created number and type of employees that serve non-residential development (MIStrUCtion and by the proposed development by one or a combination of the methods past-construction), and how many of these employees cannot reasonably afford housing in identified in subsection(5). Monroe County, the Study then identifies the cli.ianfity of workforce housing need created by non-tesidential development. Based on this analysis, Table 1-2: Sumnimy of Affordable Workforce Housing Needs and Total Need Created by Proposed Nonresidential Development Assistance Created By Non-Residentiat Development, outlines the workforce housing need generated by different types of non-residential development, both in terms of the need for r anduse Total Total In- Total Floor #of Units In Lieu Fee workforce housing units (or a fraction thereof), and for monetary won orce housing Category Housing Lieu Fee Area to be Required (50%of total assistance(in IreLl fees). NeedperSF perSF Redeveloped (50%of total In lieu fee) hous(ngneed) LLLInstitutional (proposed) 0.000337 $36.28 4,296 SF 1 $77,929.44 (rounded up from 0.72 per LDC) - ----------------------- ------------------------- ......... N45'01'34"E 254.88-(M) emu ................ ---------- ---------— .......... ............ ........... PLlGE .............. IX' * * ** .......... ...... ............. ..................... ............ ........... ....... ....... ...... ........... .............. z T----------- — --------- ---------------- ------ ------ 03 NEU� FRCNT ELE/4TION (SOUTA) 0 CO C?) 0 .......... ................... .......... . .. ............ .. . .......... ....... . ...... .. . .. ........ LOTS .................... -------------------------------------------------- ------------ . ............ ......................... ....... ... 545-04*20*'W 255.38-(M) 1 (P)OA Pl�� jif OLD STATE ROAD All nonresidential uses not exempted shall mitigate the demand for workforce housing created y by the proposed development or redevelopment by one or a combination of the methods identified below: 1. The construction of workforce housing dwelling units on the site of the development project. The workforce housing dwelling units shall meet the County's affordable housing restrictions as specified in Section 139-1(b) and (c), for a period not less than 99 years; (Note:subject property is Tier 1 and not eligible for Affordable ROCO allocations) 2. The construction of workforce housing dwelling units off-site of the development project but within a 15 mile radius of the nonresidential development/ redevelopment. The workforce housing dwelling units shall meet the County's affordable housing restrictions as specified in Section 139-1(b)and (c),for a period not less than 99 years; 3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential development/redevelopment. The workforce housing dwelling units meet the County's affordable housing restrictions as specified in Section 139-1(b)and (c),for a period not less than 99 years; 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned platted lot for each workforce housing unit required but not provided through actual construction or in-lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the donated parcel(s) have the appropriate density available to support the development of the required number of workforce units);and/or 5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of the workforce housing units required. The in-lieu fee shall be paid prior to issuance of a building permit for the nonresidential development or redevelopment. All in-lieu fees shall be deposited into the affordable housing trust fund and spent solely for the purposes allowed for that fund. The BOCC may reduce, adjust, or waive the requirements set forth in this subsection (f), based on specific findings of fact,where the BOCC concludes,with respect to any applicant,that: 1. Strict application of the requirements would produce a result inconsistent with the Comprehensive Plan or the purpose and intent of this subsection; 2. Due to the nature of the proposed nonresidential development, the development furthers Comprehensive Plan policies and the purpose and intent of this subsection through means other than strict compliance with the requirements set forth herein; 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the proposed nonresidential development and requirements of this subsection (f); 4. The strict application with the requirements set forth herein would improperly deprive or deny the applicant of constitutional or statutory rights;or 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing that the strict application of the nonresidential inclusionary requirements would not enhance nor protect the health, safety and welfare of the community. Any applicant who believes that he/she may be eligible for relief from the strict application of this section may petition the BOCC for relief under this subsection (f)(4). Any petitioner for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver of any requirements under this section. The petitioner shall use generally accepted principles and methods and verifiable local information and data, and other appropriate materials to support the requested relief. STAFF RECOMMENDATION: The applicant has provided evidence that demonstrates there is a current need for workforce housing in order to operate the existing institutional use, which is likelyto continuewith the developmentof the new structure. Although the applicant may currently assist in housing its workforce, there is no county mechanism to ensure that this continues in perpetuity and it does not further the purpose of the ordinance to increase the supply of affordable workforce housing in the County. Staff recommends denial of the applicant's request to waive the nonresidential inclusionary housing requirementfor the development of a new 4,296 square foot structure to serve an institutional use pursuantto Section 139-1(f)(4)b.