Resolution 074-2022 RESOLUTION NO. 074 - 2022
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 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.
WHEREAS, under Florida Statutes, Section 125.01(1)(f) the Board of County
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,
regulations, fees, and other applicable provisions for the use and rental of County Property and
Facilities throughout Monroe County; and
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
County Property and Facilities available for use by the public; and
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;
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
WHEREAS, the BOCC recognizes that such local Monroe County homeowner
associations, property owner associations, community groups, non-profit organizations, scout
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troops, neighborhood watch groups, youth organizations, and other such similar entities,
hereinafter referred to as a "Monroe County Qualified Community Entity/Organization", serve a
valid purpose in the Keys community of bringing residents together to collaborate in resolving
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
WHEREAS, the BOCC acknowledges that some, if not all, of the individual members of
the Monroe County Qualified Community Entity/Organization are also tax-paying citizens of
Monroe County and have contributed by way of taxes towards the County funds to build and
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
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;
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
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;
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
the Use Policy can be revised in its entirety to address any accompanying issues; and
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
learned of issues regarding the use of facilities which are not specifically owned by the County,
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but may be utilized by the County, and other usage issues that vary depending on the particular
facility, and directed staff to further refine the Resolution and present it again at the scheduled
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
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
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;
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:
SECTION 1. The Board incorporates the above-stated whereas clauses as
legislative findings of the Board.
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
Policy with regard only as to a registered Monroe County Qualified Entity/Organization, and other
such entities on a temporary basis until the Use Policy is revised in its entirety.
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,
with the usage fees waived on an event-by-event basis.
2) Each such Monroe County Qualified Entity/Organization must pre-register by
contacting the Facilities Maintenance Department, Michele Safos, at safos-
ichee�toroecounty-fl. Gov 10600 Aviation Blvd., Marathon, Florida 33050, Phone (305)
289-6036, to complete the application process to seek approval for registration with the County.
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Any denial of such registration approval may be appealed to the County Administrator, or his
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
property owner association monthly meetings, but all such meetings must be "non-fundraising"
events.
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.
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
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
secure the property at the requested time period.
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.
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
during its event.
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
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.
11) If any damage is caused to a County facility during the time period that a non-profit
organization has reserved such facility for use, the non-profit organization will be responsible for
any costs to repair such damage.
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12) All public libraries and fire stations, whether County owned or operated solely as
such, are hereby excluded from this Resolution.
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
in full force and effect.
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.
SECTION 5. This Resolution shall take effect upon adoption.
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 Yes
Mayor Pro Tem Craig Cates Yes
Vacant,District 3 Vacant
Commissioner Michelle Coldiron Yes
, elm Commissioner Holly Raschein Yes
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-i,t L) l BOARD OF COUNTY COMMISSIONERS
A co`sty, 6. '4, DOK, CLERK OF MONROE COUNTY,FLORIbA
By: 6-74,w-414"-%-vviBy: /025.. ....-
As Deputy Clerk Mayor
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