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Item C30 D/41 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Craig Cates, District 1 The Florida Keys Michelle Coldiron, District 2 Vacant, District 3 Holly Merrill Raschein, District 5 County Commission Meeting April 20, 2022 Agenda Item Number: C.30 Agenda Item Summary #10486 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687 n/a AGENDA ITEM WORDING: A Resolution by the Monroe County Board of County Commissioners authorizing the County Administrator (or his designee) to suspend collection of certain use or entrance fees at county Facilities. Parks or Beaches; and providing an effective date. ITEM BACKGROUND: The Monroe County Board of County Commissioners has previously adopted a Policy for Use of Public Facilities, Roads, Bridges, County Meeting Rooms and Theater regulations, fees, and other applicable provisions for the use and rental of County Property and Facilities, which includes parks and beaches, throughout Monroe County. Chapter 18, Parks and Beaches, of the Monroe County Code also sets forth certain fees to be charged at Harry Harris Park for entrance and boat ramp use. Temporary closures, construction, maintenance, or other work at certain County facilities, parks, and beaches may make such County property, for which fees are normally collected, partially unavailable at times for use by the public. One such current temporary closure is at Harry Harris Park in the upper Keys with hurricane repairs being performed at the Wilkinson Point Beach Jetty, which has necessitated the closure of the beach area. It was discovered that the County currently does not have a process or policy in place to temporarily suspend fees in the event of an unforeseen event or other such activities such as construction or maintenance repairs. Under his authority found in Fla. Stat. Sec. 125.74(1)(g), the County Administrator authorized the Parks and Beaches Director to temporarily suspend collection of only park entrance fees beginning April 9, 2022, until the completion of the project and reopening of the beach area. This Resolution seeks Board approval suspending collection of the Harry Harris Park entrance fees retroactive to April 9, 2022, as was directed by the County Administrator under his above noted powers. The Resolution also sets forth procedures to follow in the future in other similar situations when time does not permit the Administrator to seek Board approval to waive fees at a regularly scheduled meeting. Staff believes that waiving fees, while still allowing access to the Park which is not under construction, is a fair and equitable manner to still provide access, but at no cost. The fees for the boat ramp usage at Harry Harris Park are not being waived. Staff recommends approval of the Resolution. Qbdlfu!Qh/!:46 D/41 PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: RESOLUTION ON WAIVING ENTRANCE FEES (revised proposed final legal stamped) FINANCIAL IMPACT: Effective Date: April 20, 2022, retroactive to April 9, 2022 Expiration Date: Upon completion of the current construction project and re-opening of the beach area. 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: Only fees being waived regarding the Harry Harris Park construction project are those for the entry fee. REVIEWED BY: Kevin Wilson Completed 04/05/2022 1:45 PM John Allen Completed 04/05/2022 1:49 PM Patricia Eables Completed 04/05/2022 2:46 PM Lindsey Ballard Completed 04/05/2022 3:03 PM Board of County Commissioners Pending 04/20/2022 9:00 AM Qbdlfu!Qh/!:47 D/41/b RESOLUTION NO. ________ -2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORDA, AUTHORIZING THE ADMINISTRATOR (OR HISDESIGNEE) TO SUSPEND COLLECTION OF CERTAIN USE OR ENTRANCE FEES ATCOUNTY FACILITIES, PARKS, AND BEACHES; 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, Fla. Stat. Sec. 125.74(1)(g) sets forth certain powers and duties of the County Administrator, which among things, authorizes the Administrator to supervise the care and custody of all County property; 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, which includes parks and beaches, 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, Monroe County Code Chapter 18, Parks and Beaches, also sets forth entrance and other fees for certain County parks and beaches; and WHEREAS, temporary closures, construction, maintenance, or other work at certain County facilities, parks, and beaches may make such County property, for which fees are normally collected, partially unavailable at times for use by the public; and WHEREAS, one such temporary closure is at Harry Harris Park in the upper Keys with hurricane repairs being performed at the Wilkinson Point Beach Jetty which has necessitated the closure of the beach area; and WHEREAS, the County Administrator authorized the Parks and Beaches Director to waive only park entrance fees for Harry Harris Park beginning April 9, 2022, until the completion of the project and re-opening of the beach area; 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 not Buubdinfou;!SFTPMVUJPO!PO!XBJWJOH!FOUSBODF!GFFT!)sfwjtfe!qspqptfe!gjobm!mfhbm!tubnqfe*!!)Ufnqpsbsz!bvuipsj{bujpo!up!tvtqfoe 1 Qbdlfu!Qh/!:48 D/41/b only for the public, but also for contractors, County staff, or others making necessary repairs or conducting other work during a temporary closure or unforeseen event; and WHEREAS, this Resolution is necessary to establish updated procedures for temporary suspension of entry or use fees that shall apply whenever an unforeseen event or scheduled construction or maintenance repairs necessitates the closure of certain facilities, parks, beaches, or other County property; and WHEREAS, this Resolution also seeks Board approval waiving the Harry Harris Park entrance fees only retroactive to April 9, 2022, as was directed by the County Administrator under his powers set forth in Fla. Stat. Sec. 125.74(1)(g); 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. The County Administrator (or his designee) may temporarily suspend the collection of fees for entrance or use of a County facility, park, beach, boat ramp, or other County property, without Board approval, when the Administrator determines that the suspension of the collection of such fees is warranted by unforeseen event, construction, maintenance, repair, emergency closure, or other factors making the collection of the fees inappropriate during a designated time period. SECTION 3. The County Administrator must thereafter report such waiver of entrance or use fees to the Board at its next regularly scheduled meeting and seek retroactive approval of any fees that were waived at a facility, park, beach, or other County property. SECTION 4. If time permits, however, the County Administrator shall first seek Board approval when possible to waive any entrance or use fees unless authorized by other County Code or policies to waive such fees without such Board approval. SECTION 5. The Board endorses and approves the action of the County Administrator in waiving entrance fees for Harry Harris Park beach area retroactive to April 9, 2022, due to the current construction and authorizes the continued waiving of such entry fees until completion of said project or re-opening of the beach area. SECTION 6. The procedures established in this Resolution for waiving of entry or use fees are subject to further revisions as any issues may arise. SECTION 3. This Resolution shall take effect upon adoption. Buubdinfou;!SFTPMVUJPO!PO!XBJWJOH!FOUSBODF!GFFT!)sfwjtfe!qspqptfe!gjobm!mfhbm!tubnqfe*!!)Ufnqpsbsz!bvuipsj{bujpo!up!tvtqfoe 2 Qbdlfu!Qh/!:49 D/41/b PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of April, 2022. Mayor David Rice ________ Mayor Pro Tem Craig Cates________ Vacant, District 3 ________ Commissioner Michelle Coldiron ________ Commissioner Holly Merrill Raschein ________ (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: _________________________ By:_______________________________________ As Deputy Clerk Mayor 3 Qbdlfu!Qh/!:4: