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Item C28 C.28 County f � .�� ��� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 Mayor Pro Tem Craig Cates,District 1 The Florida Keys ' Y � ��F' Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: C.28 Agenda Item Summary #10250 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305)292-3477 N/A AGENDA ITEM WORDING: Approval of a Resolution to waive fees currently charged for non- profit organizations or entities for use of County property or facilities for non-fundraising events. ITEM BACKGROUND: Monroe County has adopted a Policy for Use of Public Facilities, Roads, Bridges, County Meeting Rooms, and Theater, which authorizes certain fees to be charged for the public use of County property and facilities. On December 8, 2021, after hearing a request from the public, the BOCC directed staff to revise the policy to waive fees for registered non-profit organizations and entities when use of the County property or facilities is for non-fundraising events. On January 21, 2022, staff presented to the Board a draft resolution, which set forth proposed rules on waiving fees and the process to follow for a non-profit to become registered with the County to obtain fee waivers. Public input was received. The BOCC discussed the matter, then directed staff to further refine the terms of the resolution and present it to the Board again at its February meeting. The Board further directed the County Administrator to exercise his current authority to waive fees for use of County property in the interim. The revised resolution will reflect the proposed waiver of fees for nonprofit entities, with additional changes, as directed by the Board. The proposed revised resolution excludes libraries and fire stations from its scope. The Library Department currently does not charge a usage fee for use of its meeting rooms so the Director asked to be excluded from the resolution. Monroe County Fire Rescue does not routinely allow the public to use its County owned facilities. If the Board acquires the Sugarloaf Volunteer Fire Department property under a separate item on the February agenda, staff recommends that the Board schedule a separate discussion regarding public use of that building once it has been evaluated for safety as well as ADA compliance. Separate and apart from the nonprofit issue, the entire Policy is undergoing a comprehensive review. Proposed changes will be forthcoming after that comprehensive review is completed. PREVIOUS RELEVANT BOCC ACTION: 1-21-2022 BOCC considered a Resolution on waiving fees for non-profit organizations for Packet Pg. 1012 C.28 use of County facilities for non-fundraising events and directed staff to further refine the Resolution and bring to the Board at its February meeting. 12-8-2021 BOCC directed staff to consider updating the Policy on Use of County Property and Facilities in order to make appropriate changes and to waive fees currently charged to non-profit organizations and entities. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: RESOLUTION ON WAIVING FEES FOR NON-PROFITS (Final with watermark 2-16-22 legal stamped) FINANCIAL IMPACT: Effective Date: 2/16/2022 Expiration Date: Total Dollar Value of Contract: n/a Total Cost to County: Current Year Portion: n/a Budgeted: n/a Source of Funds: CPI: Indirect Costs: Minimal undetermined loss of revenue Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: n/a County Match: n/a Insurance Required: Additional Details: There will be a minimal loss of revenue if fees are waived for non-profit organizations. This Resolution applies only for rentals that are non-fundraising events. REVIEWED BY: Patricia Eables Completed 02/01/2022 2:10 PM Bob Shillinger Completed 02/01/2022 2:55 PM Liz Yongue Completed 02/01/2022 3:06 PM Packet Pg. 1013 C.28 Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg. 1014 C.28.a C RESOLUTION NO. -2022 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORDA, WAIVING CERTAIN FEES FOR USE OF COUNTY FACILITIES, PARKS, AND BEACHES BY REGISTERED NON-PROFIT ORGANIZATIONS, COMMUNITY GROUPS, HOMEOWNER OR PROPERTY OWNER ASSOCIATIONS, AND OTHER SUCH ENTITIES; RESCINDING ANY OTHER RULES AND REGULATIONS PERTAINING TO W USE OF SUCH FACILITIES, PARKS,AND BEACHES AS TO APPLICABLE FEES LEVIED THERETO AGAINST REGISTERED NON-PROFIT ORGANIZATIONS, COMMUNITY GROUPS,HOMEOWNER ASSOCIATIONS, AND OTHER SUCH ENTITIES; AND PROVIDING AN EFFECTIVE DATE. cg cv WHEREAS, under Florida Statutes, Section 125.01(1)(f) the Board of County E Commissioners (BOCC/Board) is granted the authority, among others, to provide County parks, playgrounds, libraries, and other recreation and cultural facilities and programs ("County Property and Facilities"); and WHEREAS, the BOCC has previously adopted a Policy for Use of Public Facilities, Roads,Bridges,County Meeting Rooms and Theater("Use Policy"),which sets forth certain rules, v) regulations, fees, and other applicable provisions for the use and rental of County Property and M Facilities throughout Monroe County; and W c. WHEREAS, non-refundable fees are charged for use of the various County Property and Facilities because such use by the public requires the expenditure of County funds and additional work by County staff that would not otherwise be expended except for the act of making the U_ County Property and Facilities available for use by the public; and U_ WHEREAS, some non-profit organizations, community groups, and other such entities utilize the County Property and Facilities on a regular basis and currently pay the required fees; e( and WHEREAS, at its December 8, 2021, Commission meeting, the BOCC heard from homeowner associations, non-profit organizations, community groups, and other such entities requesting that the BOCC waive its fees charged for use of County Property or Facilities when such registered non-profit organizations, homeowner associations, community groups, or other such entities rent any County Property or Facilities to conduct its monthly organizational meetings and other such "non-fundraising events"; and E 1 Packet Pg. 1015 C.28.a C WHEREAS, the BOCC recognizes that such local Monroe County homeowner associations, property owner associations, community groups, non-profit organizations, scout 0 troops, neighborhood watch groups, youth organizations, and other such similar entities, hereinafter referred to as a "Monroe County Qualified Community Entity/Organization", serve a 0 valid purpose in the Keys community of bringing residents together to collaborate in resolving o issues faced by residents, by reaching out as a group to their elected officials, and presenting joint solutions to concerns confronted by the unique Keys environment; and 0 WHEREAS, the BOCC acknowledges that some, if not all, of the individual members of U W the Monroe County Qualified Community Entity/Organization are also tax-paying citizens of 6 Monroe County and have contributed by way of taxes towards the County funds to build and 0 maintain the County Property and Facilities; and WHEREAS, the BOCC appreciates that a particular Monroe County Qualified Community Entity/Organization may have limited resources and are challenged in its fundraising efforts, and thus paying usage fees, even though minor in cost, may cause an expenditure of funds that could be more appropriately spent on the specified goals of each such organization; and WHEREAS, the Use Policy is periodically reviewed and updated by County staff and is currently being reviewed for revision after having been last updated in September 2018; and WHEREAS, Monroe County now has a new Parks and Beaches Department, and its new Director also desires to update the Use Policy with regard to the uses and fees charged for County Parks and Beaches; and v) WHEREAS,Monroe County also opened a new County Library in Marathon,Florida, and the new Director of Libraries also wishes to update the Use Policy as to the section on Libraries; z and WHEREAS, the Monroe County Public Libraries currently do not assess a usage fee to the public for use of its public meeting rooms and are hereby excluded from this Resolution; and w w WHEREAS, County staff will continue its work on revising the Use Policy to make other necessary changes to reflect the current operation and use of the County Property and Facilities; > e( and WHEREAS, the BOCC at its regularly noticed meeting on December 8, 2021, directed staff to report back at the BOCC's January meeting with an update and a proposed Resolution to allow a waiver of the fees currently charged for use of County Property and Facilities by a registered Monroe County Qualified Community Entity/Organization as a temporary solution until w the Use Policy can be revised in its entirety to address any accompanying issues; and 2 Packet Pg. 1016 C.28.a C WHEREAS, the BOCC at its regularly noticed meeting on January 21, 2022, heard from staff and the public on the proposed Resolution presented to the Board for consideration and 0 learned of issues regarding the use of facilities which are not specifically owned by the County, but may be utilized by the County, and other usage issues that vary depending on the particular 0 facility, and directed staff to further refine the Resolution and present it again at the scheduled o meeting on February 16, 2022; and WHEREAS, usage history reflects that there is very limited use of any rooms at the fire stations by the general public, whether County owned or not, other than volunteer fire department W personnel, and any scheduling is controlled by the Monroe County Fire Department staff, and WHEREAS, fire stations, whether County owned or solely operated as such, are hereby excluded from this Resolution; and r a� WHEREAS, the BOCC wants to be a good steward of its County Property and Facilities and provide access for public use, but also must be fair and equitable in providing such access; N and WHEREAS, this Resolution is necessary to establish temporary and updated rules and regulations that shall apply whenever a registered Monroe County Qualified Entity/Organization, rents and utilizes County Property or Facilities during this interim period while the Use Policy is being revised and updated to address new and/or necessary changes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA, THAT: CL SECTION 1. The Board incorporates the above-stated whereas clauses as legislative findings of the Board. z SECTION 2. This Resolution supersedes and rescinds all prior actions of the Board as to any rules and regulations established as to the charging of fees in the current Use w Policy with regard only as to a registered Monroe County Qualified Entity/Organization, and other U_ such entities on a temporary basis until the Use Policy is revised in its entirety. z SECTION 3. The following rules are temporarily established with regard to waiving usage fees of County Property and Facilities when such facilities are rented for use by a registered Monroe County Qualified Entity/Organization: 1) The specific Monroe County Qualified Entity/Organization must pre-register with Monroe County in order to be approved for consideration of use of County Property and Facilities, w with the usage fees waived on an event-by-event basis. 3 Packet Pg. 1017 C.28.a C 2) Each such Monroe County Qualified Entity/Organization must pre-register by c contacting the Facilities Maintenance Department, Michele Safos, at safos- 0 tuichele(tr tuonroecoLintv-fl,L,ov, 10600 Aviation Blvd., Marathon, Florida 33050, Phone (305) 289-6036, to complete the application process to seek approval for registration with the County. 0 Any denial of such registration approval may be appealed to the County Administrator, or his o designee, for a final decision. 3) The approved registered Monroe County Qualified Entity/Organization or the public shall continue to contact the current designated County staff,which serve each specific area of the Keys, for reserving any County Property or Facilities for future use. 4) Fees will be considered to be waived for events such as,but not limited to, monthly organizational or group planning meetings, scout troops monthly meetings, homeowner or r property owner association monthly meetings, but all such meetings must be "non-fundraising" events. N 5) No usage fees will be waived for any type of fundraising events or for town hall meetings that are necessary to meet County requirements for development of private properties. E 6) Any decision by County staff on the denial of a usage fee waiver may be appealed to the County Administrator, or his designee, for a final determination. 7) In this interim period, a monthly calendar will be maintained and usage of County Property or Facilities may be requested for use in two-hour increments during a reasonable time v) period as space is available and not in use by Monroe County, which would have first preference. Rental of any space is also subject to the availability of County staff to be present and available to W secure the property at the requested time period. c. z 8) Any conflicts in scheduling will be resolved by awarding use of the identified facility to the specific Monroe County Qualified Entity/Organization, which had the lesser use of that particular facility within the last sixty (60) days. w w 9) Each such registered Monroe County Qualified Entity/Organization must abide by all rules and regulations of the specific County Property or Facility, which it utilizes at that time �t during its event. z 10) Continued use of County Property or Facilities with fees being waived is conditioned upon compliance with these rules and leaving such County Property and Facilities in a clean and sanitary manner with all garbage/waste/debris properly disposed, and no damage caused to such County Property or Facilities by such registered Monroe County Qualified w Entity/Organization or its attendees. Violators of these rules shall be subject to having its organizations "registered status" revoked and future usage of any County facility potentially denied. E 4 Packet Pg. 1018 C.28.a C c 11) If any damage is caused to a County facility during the time period that a non-profit 0 organization has reserved such facility for use, the non-profit organization will be responsible for any costs to repair such damage. 0 12) All public libraries and fire stations, whether County owned or operated solely as such, are hereby excluded from this Resolution. 0 13) All other rules and regulations as set forth in the current Policy for Use of Public Facilities, Roads, Bridges, County Meeting Rooms, and Theater, not in conflict herewith, remain 6 in full force and effect. E SECTION 4. The rules established in this Resolution are subject to further revisions once the County Use Policy is revised and finalized as to all County Property and Facilities and during this interim period as any issues may arise. cv SECTION 5. This Resolution shall take effect upon adoption. E PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of February, 2022. Mayor David Rice W Mayor Pro Tem Craig Cates Vacant,District 3 CL Commissioner Michelle Coldiron Commissioner Holly Raschein (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor M014RO:COUNTY ATTOR Y's MICE � 5TICIA EABLES ASSTISTANT5YUNTY ATTORNEY DATE: 01 20�2 Packet Pg. 1019