Resolution 107-2022RESOLUTION NO. 107 - 2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORDA,
AUTHORIZING THE ADMINISTRATOR (OR HIS DESIGNEE) TO SUSPEND
COLLECTION OF CERTAIN USE OR ENTRANCE FEES AT COUNTY
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
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.
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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 Yes
Mayor Pro Tem Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner District 3, Vacant Vacant
Commissioner Holly Merrill Raschein Yes
TAD OK, CLERK
By: t4&4 0 YAD
As Veputy C rk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
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