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Item P16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 2/21/2007 - KL Division: County Attorney BuIkItem: Yes No ~ Staff Contact Person: Suzanne A. Hutton AGENDA ITEM WORDING: Update and discussion oflease status with Pigeon Key Foundation, lnc. ITEM BACKGROUND: On 12/20/06, during consideration of approval of a Request for Proposals for Temporary Ferry Services for Pigeon Key, concerns were raised regarding the status of the lease with Pigeon Key. On 1/17/07, the Board heard testimony from Jim Rhyne, President, Pigeon ~ey Foundation, lnc, and the Fire Marshall who raised additional safety concerns at Pigeon Key. The County Attorney had recently been provided documents concerning the status of the lease but had been unable to thoroughly review the documents to report on their affect on the status of the lease. Direction was provided to staff to review and address the issues raised. PREVIOUS RELEVANT BOCC ACTION: On 1/17/07, the Board reviewed and discussed the status of the lease with Pigeon Key Foundation, lnc. and heard testimony from the Fire Marshall as to safety conce~s at Pigeon Key, On 1212012006, the Board approved a Request for Proposals for Temporary Ferry Services for Pigeon Key. CONTRACVAGREEMENTCHANGES: No~, STAFF RECOMMENDATIONS: TOTAL COST: nla BUDGETED: Yes nla No COST TO COUNTY: nla SOURCE OF FUNDS: nla REVENUE PRODUCING: Yes xx No AMOUNT: TBA APPROVED BY: County Atty xx ~ OlVlBlPurchasing_ Risk Management _ DOCUMENTATION: Included Not Required xx DISPOSITION: AGENDA ITEM # Revised 8/06 OKl!~ErY ~o~~~~E (305) 294-4641 ,...... ...... .....-.....- , BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia ], Murphy, District 5 Suzanne A. Hutton, County Attorney"'''' Robert B. Shillinger, Chief Assistant County Attorney ** Pedro j, Mercado, Assistant County Attorney Susan M. Grimsley, Assistant County Attorney ** Natileene W, Cassel, Assistant County Attorney Office of the County Attorney PO Box 1026 Key West, FL33041-1026 (305) 292-3470 - Phone (305) 292-3516 - Fax ** Board Certified in City, County & Local Govl. Law February 2, 2007 Memorandum To: Board of County Commissioners Suzanne A. Hutton ~ County Attorney ~ From: Re: Pigeon Key Update At the last regular meeting of the Board, a discussion was held regarding Pigeon Key and the commission heard from Jim Rhyne, Marjie Mearns and Chief Callahan. Since that time, I have acquired additional documentation. Attached hereto are copies of financial statements for the years ending June 30, 2003, and June 30, 2004. Also attached are the following items submitted by the Foundation: booking information for 2007, a statement regarding the facility being open to the public, Fees charged, and a statement regarding the restoration of buildings. There are also copies of pages from the Monroe County Tourist Development Council web site regarding Pigeon Key. The Foundation provided a list of the board of directors, and the majority are clearly County residents as required by the lease. I have also received documentation from the County's risk manager and the Foundation's insurance agent verifying that the required insurance on the property is in order. I have not included copies as that packet is approximately 1 inch thick. A January 22, 2007, letter from DEP was received regarding an oil spill and a meeting is scheduled with DEP for February 20, 2007. I have received communications from both Chairman Rhyne and Executive Director Mearns that they are actively working on cleaning that up and complying with environmental standards. Attachments 01/31/2007 00:00 3052891055 PIGEONVEYFOUNDATION PIGEON KEY FOUNDATION, INC. STATEMENT OF FINANCIAL POSITION JUNE 30,2004 ASSETS Current Assets: Cash Accounts Receivable Inventory Prepaid Expenses Total Current Assets Fixed Assets: Furniture & Equipment Leasehold Improvements Re~tora.tions Completed Transportation Equipment Total Less Accumulated Depreciation! Amortization Fixed Assets~Net Other Assets: Cullectibks~Muscum " Utility Deposits Total Other Assets Total Assets [ l I I I I I I $74,502 23,031 25~ 738 20.668 143~939 $103',799 147.977 1.394,392 65.544 1,711,712 (388,842) 1.322.870 18,311 500 18.811 $1.485.620 LIABILITIES A..i~1) NET ASSETS Current Liabilities: Accounts Payable & Accrued Expenses Current Portion of Long Term Debt Advance Deposits - Sales Tax Payable Payroll Taxes Payable Total Current LiabiJities . Long Tenn Liabilities: Notes Payable (Net of current portion) Total Liabilities Net Assets: U nrestricted-Operatlng Restricted-Temporarily Total Liabilities and Net Assets $ 69,888 10,784 13~715 910 3.057 98.354 o o 1 ,387,266 o $1,485.620 PAGE 01/05 AECEJVEO IJAN 3 1 2007 MONROE COUNry ATTORNEY Read Accompanying Notes to Financial Statements. Page 2 of8 01/31/2007 00:00 3052891055 P IGEONKEYFOUNDATI ON PIGEON KEY FOUNDATION,INC. STATEMENT OF ACTIVITIES AND CHANGES IN NET ASSETS YEAR ENDED JUNE 30, 2004 Unrestricted Public Support and .Revenues: Membersrup Dues Contributions Admissions Site Usage and Education Merchandise Sales Other Income Special Events (Net of direct expense of SS8.215) . $ 2,041 32,578 58,487 325.435 90.422 3,954 25~131 Total Public Support 538,048 Interest Income 60 I I I I I i i I. i I Total Public Support and Re\'enues 538.108 Expenses: Program Services: Gift Shop Education Fund Raising 89,427 109,076 11.813 210,316 393.503 603~819 Total Program Services Administration Total Expenses Change in Net Assets (65,711 ) Net Assets, Beginning of Year 1.452.977 Net Assets, End of Y (;1;l( ,$J..387.266. Read Accompanying Notes to Financial Statements. Page 3 of8 PAGE 02/06 ~1/31/2007 00:00 0:;: LU I-<f.l o..w <(0 :1:- (.)~ -lUJ ;:500 ~ I- Z-J U-l~ ::EW Wz ~\.U ZG <(06 ~ 0 ..,.l w ~ b ~O C2 a: I- ~ C!)fZ w Ou n:: 0::- -z c..~ O~~ Z'o uJ -:.000 U') ZWc-.J 0(1) - -Zo !::i:WC'> C1~ Oo.uJ Z:><z. Z- :::lw=, .:;l~ 0--''"') ll-<C LL<(O a::: >-ZL.U WOO I ~f-Z UIJ.l z;:zn:::: ~ O::>L5 0 UJu. I "u.>- ~ n_ 0 Q !- ::> z c w LLI ::s I w !;( to .....Q.. u..O I -:::I: C'J(f.I I" I I I I 3052891055 PIGEONKEYFOUNDATION m~o~~~~~('}~~~~~m~~~roDroN~~a~ ~~~~~~('}~~~~~~~~~~~~g~~~~~ ~~~riri~ ~ ~~~ri~~~~~~W~~N ~ I,() (0....... . .......(0 ..;rNN.... "'ld)C\l .... ~ O..;rOO~OO~M~OC~~roo~~~O~.......~W~ ~ ~ ~roN ~~....... (o~No~..;rm..;r~ ~ ~ rok~ M~~ ~..;r..;r~M~mrn~ m ri ~ Mm~ N~m~~o~ ~ ~ ~N N~....... 't"" (f7 o 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 " ~J w- OOONO.......ODOOOOOOOOOODDoooao li5 t); (<') r-: tfi oooooomooo-~ooo~OOOOOOOOW ('} ~(') ~~M m M f'::). 0 .(') co In r-" ~ r.;; r-." (") ~>.D N * mooooooroo~ooooOOOOOOO....NOO ~ 0 0 ~ ~I,() .............. ~....... (Ow ~~ ~~. ot'f ~ ~ N (h z Q ~ (f) LLJ LU 0 i= 2LU :z ~ CO ~O~ CO <( (f) o ~ W:c~O ooC rn w ~ 2 LL (f.I~~~ w~ l- ~ ~ 000 ~ ~ ZLU~5 w~w z~w --' ~~~ wz w w~u z~ ~~o. <( ao 000 ~~~~W~-z~ ~wx WZ ~ow 5F w~Q~~O~O.W~~W 7Q l-OZ z~ WW W(f)wl-!-wu l-l-000W0 ~~~ ~@ b~~~~5~o~~~ffiffi~I~~roo~m o~~~~~w~w~o~zoc<c~~~~~W~>o ~~zw~~wrowz~I-~~~~~~~Od~~<0 ~~~~~~~~~~~~~~~~~i~~5~~~~ (1) ..- Q;) '" o ~I (') o r.o c-i 0> (') W l;") ...... co .... .... ~ r:o l'- Co> a> o ~ 6"J- ~I J!2 c: ~ CD E m 2 co lilT ro ti5 (tj .0 c: ro !:: u: ..9 (J) ~ Z OJ c:: ~~ ~ ! E '> 0 (.) <;( '0 (0 IJ.l 0:: PAGE 03/05 cO '0 """ c1l 0) ('tI Q 01/31/2007 00:00 3052891055 PIGEONVEYFOUNDATION PAGE 04/05 PIGEON KEY FOUNDATIONf INC. STATEMENT OF FINANCLAL ?OSXTION J'UNE 30, 2003 ASSETS ToLdl Assets $ 2S,RtS.6 68,751 31,274 21, 958 147,849 102,523 l47,977 1,394,392 65,544 1,710,436 (323,057) l,387J~79 1l:!,31l 500 1B,81l $ 1,554,039 ==~::=-;:;=.=.:.-::.:. Current Ass~ts: Cash Accounts Receivable Inventory prepaid Expenses ~otHl Current Assets Fixed Assets: Furniture & Equipment Leasehold Improvement5 Restorations completed Transportation EqUJ.pment:. Total Les~ Accumulated n~preciation/Amortization Fixed Assets - Net Other Assets: Collectibles-Museum Utiliry Deposits Total Other Assets L1ABILIT!ES AND NE~ ASSETS Liabilities - Current: A~~ounts ~ayable & Accrued Expenses Current portion of Long Term Debt Advance Deposits Sales Tax payable Payroll Taxes Payable ~otal Li.abilities - Current I Total Liab~lities and Net Assets $ 55,616 2:9,69G 10,798 618 1. lli 97,851 3J211 10~.O62 1,452,977 0 $ 1,554,039 =::;-===::;:-~~::::::;:= Liabilities - Long Term: NoteS Fay~blc to Bank (net nf current po~tion) Total Liabilities Net Assets: unrestricted-operating Restricted-Tempor~rilY I I See Accompanying Notes to Financial Statements- I -2- I 01/31/2007 00:00 3052891055 PIGEONKEYFOUNDATION PIGEON KEY FOUNDATIONr INC. STATENENT OF ACTIVITIES AND CHANGES IN NET ASSETS YEAR ENDED JUNE 30{ 2003 unrestricted Public support and Reve4iles: I I I I I I I I I I I- I I I M,zmbereb.;i.p Dues Contribut;ions Admissions Site Usage and Educatic~ Merchandise Sales Otnp.l" Income Special Events (Net of direct expense of $ 56,127) Net Assets RelcQoed ~rcrn Restriction~: Expenditure for ~est~~cted purpose Total public S~ppc~t Intcrect Income Total Public s~~o~~~ and Revenues Expenses: Program Services: Gift Shop Education Fund Raising 88,195 75,920 17J278 Tota.l prograr., Se:::-.::. ~8S la~,393 Ao.minililtratiori. 477,025 658.418 92,952) Total Expenses Change in Net Assets Net Assetst Beginning of ~ea:::- 1, 545 ,929 Net Assets, End of 'leal:" $1.452,977 --......------ -------....- See Accompanyi~g Notes to Financial Statements. -3~ PAGE 05/05 Restricted 20,553) 20.553 $ ---.............--- ----.............-- 01/31/2007 00:00 o W l- t} if I- 00 IlJ a: :<::: ;;> o (,~ !Ow (f} 15- z '" ~ ~ ~ Cl w . %;ig ai5~ !.l._::l )0 ... .. wUo x:ew ~~o ~~~ - "" lL ffi !;!! :::i': ~ '" (!J 2;" ,,) t- W l5(,.) 0.. s: lL ffi ~ VI -1lT"lfl <l!:!o b~~ '""(,)l}.I ..... m...J ::/i": wO: ~~ ZW <(!J ;:: IIlI ~q) 4; W I 8~g g;~1- lh W (.) :;. a:: IlJ U) ~ rr 8 a: lL o~ Ziij fi:~ t: t5 i:!) ~ 3052891055 fj~8~~ ~g~tOci ..... ~~m~~(l3 ~ cl .;~ - PIGEONl<EYFOUNDATION tz .... ro: ; ~ ~tat~~~ ,.. 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" .. 0- f o <> .t{ : U) Education -February 15-19 -April 11-13 -April 20-21 -April 23-27 -May 3-7 -May 8-10 -June 11-13 -July 9-13 -July 23-August 3 -October 1-5 -October 27-30 -November 7-10 -November 12-16 Member Visitation -January 1-2 -January 26-28 -January 30- February 6 -February -March 27-28 -June 23-30 Booking Information for 2007 15 participants 60 participants 10 participants 45 participants 30 participants 55 participants 20 participants 15 participants 25 participants 60 participants 30 participants 25 participants 13 participants General Events -Art Festival, February 10-11 patrons' cocktail party 120 participants housing up to 85 artists and volunteers minimum 2,500 participants per day -Dinner Party, February 24 150 participants -Church Retreat, March 2-4 60 participants -Wedding, April 14 120 participants -Wedding, July 15 15 participants Other groups have expressed interest in participating in our programs and events, but have not yet settled on a final date. The island is open 365 days a year, allowing participants who walk or bicycle to take self guided tours every day of the year. Guided tours originate from the Visitor's Center everyday except for major holidays. Transportation is provided by train from the Visitor's Center from 10 am to 3 pm, in season, off season hours at 10 am and 2 pm, every hour on the hour. The last train departs from the island at 3:45 pm. These hours are posted at the Visitor's Center, in our brochures located in the Chamber of Commerce and in the TDC advertising brochures. VISITOR'S CENTER Admissions: $8.50 for vistors $5,00 for visitors under 13 $6.00 for monroe county residents $5,00 for pedestrians EVENTS Weddings: Housing: $500 use of island (includes transportation) $50 per person per night We host a variety of events, including weddings, dinner parties, and retreats. The charges vary according to services provided, EDUCATION 3-day/2-night 4-day/3-night 5-day/4-night 6-day/5-night $270 $340 $410 $480 $290 $380 $470 $560 The statement that $3 million had been spent for restoration on Pigeon Key came from a letter from Dr. David Rice, a member of the Foundation during the years that the restoration took place. Most records including annual reports before 2005 were lost in Hurricane Wilma. We are in the process of storing what records we can find on disks to prevent further loss. According to former board members, the island had fallen into serious disrepair during and after the expiration of the lease with the University of Miami. People arrived by boat, camping on the island and leaving garbage and debris. There was a stong public outcry and the, bid went out to operate the island and restore the buildings. As an incentive, the initial agreement between the Foundation and Monroe County charged all costs of maintenance on the island to the Foundation with the County taking responsibility for the water line along the bridge and for all insurance. Somehow that was changed before the lease was signed and the Foundation became responsible for everything with no assistance from the County. The Master Plan states that historic rehabilitatIon of the various structures would be dependent upon available funds. The buildings standing today are proof that the restoration was completed according to funding. The construction of any new buildings or reconstruction of buildings lost for whatever reason are in our future project plan. We will apply for grants to complete these projects along with alternative energy projects and fire protection sprinkler systems for all the buildings. We have already started on that particular grant. The loss of two way traffic and reduced weight of vehicles on the bridge for 4 years has resulted in smaller vehicles and more trips to transport students, guests and supplies, The increased cost of gasoline and diesel are just a few of the reasons that our costs have increased so drastically that there are no funds available for new projects. The restoration of two lane traffic and the installation of electric power to the island will allow the friuition of the Foundation's dream to make Pigeon Key a world class environmental and historic attraction. Florida Keys official Tourism Website - Islamorada, Key Largo, Marathon, Lower Keys,... Page 1 of 2 lilt 1.__, ~;h;;;;l;l'i. Hilfe. Ayuda. Assistenza. Media I Press I Meeting Planners I Travel Ager Getting Here I Accommodations I Events I Culture I Fishing I Diving & Snorkeling I Weddings I Weather IE-News & Brochure Home Site Map Maps ~c Search Results PIGEON KEY - MARATHON KEY FLORIDA KEYS OFFICIAL TOURISM SITE HEART OF THE FLO Flagler's railway made the Keys accessible from mainland Florida, and his Seven-Mile Bridge was co engineering feat. The bridge is, like Pigeon Key, listed on the National Historic Register. Pigeon Key j foot or by shuttle service from the Pigeon Key Visitor Center and Gift Shop on Knight's Key, mile marl WELCOME TO THE FLORIDA KEYS AND KEY WEST OFFICIAL TOURIST DEVELOPMENT WEB~ Jumping off point to the Florida Keys is Key Largo. 42 miles south-southwest of Miami. Islamorada - group of islands calted the "purple isles" that includes Plantation Key, Windley Key and both Upper M Lower Matecumbe Key. At Crane Point is the Museum of Natural History of The Florida Keys and the the first facility catering exclusively to the Keys' littlest visitors - explore the islands' rich natural histor~ WELCOME TO THE FLORIDA KEYS AND KEY WEST OFFICIAL TOURIST DEVELOPMENT WEB~ Jumping off point to the Florida Keys is Key Largo. 42 miles south-southwest of Miami. Islamorada - group of islands calted the "purple isles" that includes Plantation Key, Windley Key and both Upper M Lower Matecumbe Key. At Crane Point is the Museum of Natural History of The Florida Keys and the the first facility catering exclusively to the Keys' littlest visitors - explore the islands' rich natural histoi) WELCOME TO THE FLORIDA KEYS AND KEY WEST OFFICIAL TOURIST DEVELOPMENT WEB~ Jumping off point to the Florida Keys is Key Largo - 42 miles south-southwest of Miami. Islamorada - group of islands called the "purple isles" that includes Plantation Key, Windley Key and both Upper M Lower Matecumbe Key. At Crane Point is the Museum of Natural History of The Florida Keys and the the first facility catering exclusively to the Keys' littlest visitors - explore the islands' rich natural histoi) MARATHON KEY FLORIDA KEYS OFFICIAL TOURISM SITE HEART OF THE FLORIDA KEYS This is Marathon, the "Heart of the Florida Keys. Marathon has blossomed into a small city centered ( Key at the midpoint of the Keys island chain. Numerous certified charter boat captains take visitors di fishing, sailing and touring along the only living coral reef in North America, several miles offshore in j WELCOME TO THE FLORIDA KEYS AND KEY WEST OFFICIAL TOURIST DEVELOPMENT WEB~ Key Largo is the first island you will see as you enter the 11 a-mile Florida Keys chain. After Key Largl Islamorada, a village of homey islands that includes Windley Key, Upper Matecumbe Key and Lower Treasure hunter Mel Fisher also called Key West home. WELCOME TO THE FLORIDA KEYS AND KEY WEST OFFICIAL TOURIST DEVELOPMENT WEB~ Key Largo is the first island you will see as you enter the 110-mile Florida Keys chain. After Key Largl Islamorada, a village of homey islands that includes Windley Key, Upper Matecumbe Key and Lower Treasure hunter Mel Fisher also called Key West home. WELCOME TO THE FLORIDA KEYS AND KEY WEST OFFICIAL TOURIST DEVELOPMENT WEm Key Largo is the first island you will see as you enter the 11 Q-mile Florida Keys chain. After Key Larg( lslamorada, a village of homey islands that includes Windley Key, Upper Matecumbe Key and Lower Treasure hunter Mel Fisher also called Key West home. WELCOME TO THE FLORIDA KEYS AND KEY WEST OFFICIAL TOURIST DEVELOPMENT WEB~ Getting Here I Accommodations I Events I Keys Culture I Fishing I Diving & Snorkeling I Weddings I \i Webcams I Videos Current Big Pine Key Temperature Click here for forecast Home I Getting Here I jJ Events I Keys Culture I Fishing I Diving & Snorkeling I Weddings I Weather i Brochures I Webcams I ' http://www.f1a-keys.com/search.cfm 2/2/2007 Florida Keys official Tourism Website - Islamorada, Key Largo, Marathon, Lower Keys,... Page 2 of 2 Home I Getting Here I Maps I Accommodations I Events I Culture I Fishing I Diving & Snorkeling I Weddings I Weather IE-News & Brochures I Wet Design, Hosting & Monroe County http://www.f1a-keys.com/search.cfm 2/2/2007 Pigeon Key - Marathon Key Florida Keys Official Tourism Site Heart of the Florida Keys Page 1 of2 II. . """",.\1- '. -' ~'~~""<'~.o,"''''~o-.-'. -" ..",', ,,- Hilfe. Ayuda. Assistenza. Media I Press I Meeting Planners I Travel Agel Marathon Getting Here I Accommodations I Events I Culture I Fishing I Diving & Snorkeling I Weddings I Weather IE-News & Brochure The Heart of the Florida Keys Accommodations Things To Do & See Calendar of Events Children Diving & Snorkeling Eco.Tours Fishing Boating Marinas Getting Here Getting Around News Restaurants & Bars Send A Postcard Services and Associations Shopping Travel Services Weddings 360" Virtual Tours ~ Current Marathon Temperature Click for Forecast Home Site Map Maps Ti It l,l"'.OH)f f NIARAnIfllN Hit HO!\lP^ r.n~ '~j HISTORIC PIGEON KEY ~[ ~ ~~_.~.~~~~.~ Visitors to Pigeon Key venture back in time to a tiny island that played a tremendous role in today. Listed on the National Register of Historic Places, this five-acre property served as a railroad workers erecting and later operating the final installment of Henry M, Flagler's Key West Extension of the Florida East Coast (FEe) Railway: the Old Seven-Mile Bridge. Fagler's railway made the Keys accessible from mainland Florida, and his Seven-Mile Bridge was considered an engineering feat. The bridge is, like Pigeon Key, listed on the National Historic Register. But with a more modern Seven-Mile Bridge serving motorists, Flagler's feat today is utilized as a fitness path and fishing pier. Pigeon Key is nestled beneath this trestle at the edge of Marathon, and its modest wood frame structures have experienced a renaissance. Largely colored in Flagler's trademark yellow, the cottages are a charge of the not-far-profit Foundation, which manages the island and works to preserve its rich heritage. Among the f, completed projects: Transforming one Pigeon Key structure into a railroad museum. Here, ( are historic artifacts from the FEC Railway, including concrete "bones" that seNed to test th used in erecting the Old Seven-Mile Bridge. Photographs feature the trains of the railway, U original bridge, the buildings of Pigeon Key, and the island's former inhabitants. Pigeon Key is reached either by foot or by shuttle service from the Pigeon Key Visitor Cente Knight's Key, mile marker 47 oceanside. Admission to the island costs $7 per adult and $4 I are admitted free), Proceeds benefit the Pigeon Key Foundation and its preservation and ra more information: (305) 289-0025. Pigeon Key Foundation, P. O. Box 500130, Marathon, FL 33050 Pho ne 305/289-0025; FAX 305/289-1 065 http://www.f1a-keys.com/marathon/pigeon.htm 2/2/2007 Pigeon Key - Marathon Key Florida Keys Official Tourism Site Heart of the Florida Keys Page 2 of 2 ~.,* ~A:r~ Marathon Chamber of Commerce Marathon Home I Accommodations I Things to Do & See I Calendar of Events I Children I Diving & Snorkeling I Fishing j Boating! Gelling Here I Getting Around I Maps I News I Restaurants & Bars! Services.! Shopping J Travel Services I Weddings J Site Map I Design, Hosting 8 Monroe County http://www.f1a-keys.com/marathon/pigeon.htm 2/2/2007