Loading...
HomeMy WebLinkAbout2025 12 08 Regular 500 - Resolution 2025-25: Establishing Partial Rental Fee Waiver PolicyREGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA | DECEMBER 8, 2025 REGULAR MEETING TITLE Adoption of Resolution 2025-25: Establishing Partial Rental Fee Waiver Policy SUMMARY Staff prepared the attached resolution following direction from the City Commission at the November 10, 2025 City Commission Regular Meeting. The proposed resolution provides for a fee waiver not to exceed 50% for use of city facilities available to registered non-political 501(c)(3) nonprofit organizations with a principal address in the City of Winter Springs. The address cannot be a P.O. Box. The eligibility criteria as detailed in Section 4 of the proposed resolution is as follows: To qualify for consideration, an applicant must demonstrate that: 1. The applicant is a qualified Nonprofit Corporation; 2. The proposed use of the City facility is open to the public or primarily serves residents of Winter Springs; 3. The event or program provides a clear and measurable community benefit or fulfills a charitable, cultural, educational, or civic purpose consistent with the City’s public interests; 4. The organization has no outstanding financial obligations to the City; 5. The applicant is not a Political Organization, and the proposed use of the facility will not involve directly or indirectly campaign-related, partisan, or political advocacy activities, including but not limited to fundraising for candidates, political parties, ballot measures or any other political activity; and 6. The applicant provides or commits to provide an in-kind contribution commensurate with the value of the partial fee waiver requested, as determined by the City Commission. Staff has also prepared a draft fee waiver application to be maintained by the City Manager or their designee. This policy does not allow staff to grant fee waivers. All qualifying applications, deemed complete by the City Manager, will be brought to the City Commission for consideration at a public meeting. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission adopt Resolution 2025-25 establishing a partial rental fee waiver policy for use of certain city facilities by non-profit corporations with 1019 a principal address within the city limits of the City of Winter Springs and associated application requirements. Staff further recommends that the application be created and maintained by the City Manager or their designee. 1020 City of Winter Springs Resolution No. 2025-25 Page 1 of 6 RESOLUTION NO. 2025-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS ESTABLISHING A PARTIAL RENTAL FEE WAIVER POLICY FOR USE OF CERTAIN CITY FACILITIES BY NON-PROFIT CORPORATIONS WITH A PRINCIPAL ADDRESS WITHIN THE CITY LIMITS OF THE CITY OF WINTER SPRINGS; PROVIDING FOR APPLICATION REQUIREMENTS, ELIGIBILITY CRITERIA, AND A REVIEW AND APPROVAL PROCESS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission has adopted a fee schedule for the rental of certain City facilities pursuant to Resolution No. 2025-08; and WHEREAS, the City Commission desires to establish an application process by which qualified local nonprofit charitable corporations may request a partial waiver of rental fees for the use of designated City facilities available for public rental, under the terms and conditions set forth herein; and WHEREAS, the City Commission recognizes that, in some circumstances, the activities and services provided by local nonprofit corporations serve valid municipal purposes and provide tangible and measurable benefits to the public health, safety, and welfare of the residents of the City of Winter Springs; and WHEREAS, in furtherance of such public benefits, the City Commission finds it appropriate to authorize the granting of partial rental fee waivers for the use of City facilities by eligible local nonprofit organizations, in exchange for in-kind charitable services and/or goods that directly benefit the citizens of Winter Springs; and WHEREAS, the City Commission desires to establish uniform application procedures and eligibility criteria to guide the consideration and approval of partial rental fee waiver requests, in furtherance of encouraging local nonprofit organizations to provide commensurate in-kind contributions to residents of Winter Springs that serve a valid municipal purpose; and WHEREAS, the City Commission finds that the establishment of such a policy and process serves a valid municipal purpose and is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: 1021 City of Winter Springs Resolution No. 2025-25 Page 2 of 6 Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Adoption of Policy. The City Commission of the City of Winter Springs hereby adopts a rental fee waiver policy for use of City facilities as set forth in “Exhibit A,” which is attached hereto and fully incorporated herein by this reference. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. ADOPTED by the City Commission of the City of Winter Springs, Florida, this _____ day of December, 2025. ________________________________ KEVIN MCCANN, Mayor ATTEST (City Seal): ________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ ANTHONY A. GARGANESE, City Attorney 1022 City of Winter Springs Resolution No. 2025-25 Page 3 of 6 EXHIBIT “A” SECTION 1. PURPOSE AND INTENT. The purpose of this Resolution is to establish a policy, application process, and eligibility criteria for granting partial rental fee waivers for the use of designated City facilities by qualified local nonprofit corporations that maintain a principal business address within the City limits of Winter Springs. The intent of this policy is to encourage and support local charitable activities and community programs that serve a municipal purpose supported by the City Commission and promote the public health, safety, and welfare of Winter Springs residents, while ensuring fiscal responsibility and equitable access to City facilities. This policy is intended solely to support local charitable, cultural, educational, and civic activities that provide an in-kind contribution serving a municipal purpose and Winter Springs residents, and shall not be used to subsidize political, partisan, or campaign-related activities of any kind whatsoever. SECTION 2. DEFINITIONS. For the purposes of this Resolution, the following terms shall have the meanings ascribed below: 1. City Facilities shall mean those public facilities owned or operated by the City of Winter Springs that are available for rental to the public pursuant to the City’s established facility rental fee schedule. 2. Nonprofit Corporation shall mean a corporation recognized by the State of Florida and the Internal Revenue Service as exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, and which maintains its principal business address within the municipal boundaries of the City of Winter Springs. The principal business address must be a physical address which is registered with the State of Florida and cannot be a post office box 3. Partial Rental Fee Waiver shall mean a reduction not to exceed fifty percent (50%) of the standard rental fee otherwise applicable under the City’s adopted fee schedule, as determined and approved by the City Commission pursuant to this policy. 4. Political Organization shall mean any organization or entity that directly or indirectly participates in, or intervenes in, any political campaign on behalf of (or in opposition to) any candidate for public office, political party, or ballot measure; or that advocates for or against the election or defeat of any candidate or measure appearing on a ballot. This term includes any organization whose primary purpose involves lobbying, electioneering, or political advocacy as defined under applicable federal or state law. 5. In-Kind Contribution shall mean a charitable donation of goods, services, and/or volunteer time by a qualified applicant organization that the City Commission determines 1023 City of Winter Springs Resolution No. 2025-25 Page 4 of 6 serves a needed municipal service and provides a tangible and measurable benefit to the citizens of the City of Winter Springs. SECTION 3. APPLICATION REQUIREMENTS. A. Any eligible nonprofit corporation seeking a partial rental fee waiver shall submit a completed Facility Fee Waiver Application to the City Manager or designee no later than thirty (30) calendar days prior to the requested facility use date. B. Each application shall include, at a minimum: 1. Proof of current nonprofit status under Section 501(c)(3) of the Internal Revenue Code; 2. Proof of good standing with the State of Florida; 3. Evidence that the organization’s principal business address is located within the City limits; 4. The name of the City facility the organization desires to rent; 5. A description of the proposed event or activity, including date, time, purpose, and anticipated community benefit; 6. A statement of the amount or percentage of the partial fee waiver requested, not to exceed fifty percent (50%); 7. A description and valuation of the proposed in-kind contributions to be provided to the residents of Winter Springs in exchange for the partial fee waiver, together with supporting documentation demonstrating how the contribution benefits the residents of Winter Springs; and 8. A detailed measurable benchmark by which the City can verify that the in-kind contributions have been provided to residents of Winter Springs. SECTION 4. ELIGIBILITY CRITERIA. To qualify for consideration, an applicant must demonstrate that: 1. The applicant is a qualified Nonprofit Corporation; 2. The proposed use of the City facility is open to the public or primarily serves residents of Winter Springs; 1024 City of Winter Springs Resolution No. 2025-25 Page 5 of 6 3. The event or program provides a clear and measurable community benefit or fulfills a charitable, cultural, educational, or civic purpose consistent with the City’s public interests; 4. The organization has no outstanding financial obligations to the City; 5. The applicant is not a Political Organization, and the proposed use of the facility will not involve directly or indirectly campaign-related, partisan, or political advocacy activities, including but not limited to fundraising for candidates, political parties, ballot measures or any other political activity; and 6. The applicant provides or commits to provide an in-kind contribution commensurate with the value of the partial fee waiver requested, as determined by the City Commission. SECTION 5. REVIEW AND APPROVAL PROCESS. A. The City Manager or designee shall review all applications for completeness and eligibility. B. Qualifying application that are deemed complete by the City Manager will be presented to the City Commission for consideration at a regular public meeting. C. The City Commission, in its sole discretion, may approve, deny, or modify a requested partial fee waiver, and may impose such terms or conditions as deemed appropriate to ensure the public benefit of the waiver. D. Approval of a partial fee waiver shall not establish a precedent or entitlement for future requests. SECTION 6. LIMITATIONS AND CONDITIONS. A. This Policy does not apply to rental of City facilities by athletic leagues such as baseball, softball, soccer, football, lacrosse and other youth or adult athletic programs and leagues. League play arrangements are governed by separate negotiated agreements. B. This policy does not apply to subsidize private, commercial, or profit-generating events, but rather to support local nonprofit activities that provide a measurable public benefit and in- kind contribution serving a valid municipal purpose and the residents of Winter Springs. C. The cumulative amount of partial rental fee waivers granted under this policy in any fiscal year may be limited by the City Commission to ensure budgetary control. 1025 City of Winter Springs Resolution No. 2025-25 Page 6 of 6 D. The City reserves the right to require insurance, indemnification, or other conditions customarily associated with facility use. E. Nothing in this Resolution shall be construed to obligate the City to grant a partial rental fee waiver, or to permit facility use that would otherwise be inconsistent with City policy, ordinance, or law. SECTION 7. ADMINISTRATION. The City Manager or designee is authorized to develop administrative procedures, forms, and guidelines necessary to implement this policy. The City Clerk will maintain records of all applications and actions taken pursuant to this Resolution. 1026 City of Winter Springs Facility Fee Waiver Application Section 1: Applicant Information Organization Name: ___________________________________________ Principal Business Address: ___________________________________ (Physical address within Winter Springs; P.O. Boxes not accepted) City, State, ZIP: ____________________________________________ Phone Number: ______________________________________________ Email Address: ______________________________________________ Nonprofit Status: ☐ 501(c)(3) – Attach Proof of Current Status State of Florida Good Standing: ☐ Attach Proof Section 2: Facility Request City Facility Requested: _____________________________________ Requested Date(s) & Time(s): __________________________________ Purpose of Event/Activity: ____________________________________ Description of Event/Activity: 1027 Section 3: Fee Waiver Request Percentage of Partial Fee Waiver Requested (up to 50%): ________ % Estimated Rental Fee (Before Waiver): $_________________________ Estimated Fee After Requested Waiver: $________________________ Section 4: In-Kind Contributions Description of Proposed In-Kind Contributions: Estimated Value of In-Kind Contributions: $______________________ How Contributions Benefit Winter Springs Residents: Measurable Benchmark to Verify Contributions: 1028 Section 5: Eligibility Confirmation By signing below, the applicant certifies that: 1. The organization is a qualified nonprofit corporation. 2. The event/activity is open to the public or primarily serves Winter Springs residents. 3. The event/activity provides a measurable community benefit. 4. The organization has no outstanding financial obligations to the City. 5. The organization is not a political organization, and no campaign-related activities will occur. 6. The organization will provide an in-kind contribution commensurate with the value of the requested waiver. Authorized Representative Name & Title: ____________________________________________________ Signature: ____________________________________________ Date: _______________ Section 6: Required Attachments ☐ Proof of 501(c)(3) Status ☐ Proof of Good Standing with State of Florida ☐ Documentation verifying principal business address ☐ Event Description and Schedule ☐ Supporting Documentation of In-Kind Contributions For Office Use Only Application Received Date: _________________________________ Reviewed by City Manager/Designee: _________________________________ Application Complete: ☐ Yes ☐ No Recommendation by City Commission: ☐ Approve ☐ Deny ☐ Modify City Commission Action Date: ____________________ Approved Partial Fee Waiver: $_________________________ Conditions or Notes: 1029