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Minutes 09/25/1991 R Parks & Recreation Advisory Board ( PARAB ) Minutes September 25 , 1991 REVISED MINUTES PARKS AND RECREATION ADVISORY BOARD Golden Gate Community Park, Administrative Office NAPLES, FLORIDA 1991 SEPTEMBER 25, 1990 PRESENT: Mr. Kim Kobza, Chairman Mr. Gil Mueller, Vice Chairman Ms. Cherryle Thomas (Arrived at 2:30 p.m.) Ms. Geneva Till Mr. William Clendenon ALSO PRESENT: Mr. Murdo Smith, Acting Department Director Ms. Mary Ellen Donner, Recreation Superintendent Mr. Gary Franco, Parks Superintendent I. CALL TO ORDER: The meeting was called to order at 2:05 p.m. II. PLEDGE OF ALLEGIANCE TO THE FLAG: III. APPROVAL OF MINUTES: Mr. Gil Mueller asked if the $30.00 facility usage fee was the same amount for both indoor and outdoor facility usage. Ms. Mary Ellen Donner replied that it is. Approval of the August 28, 1991 Minutes as presented. Motioned by Mr. William Clendenon, seconded by Ms. Geneva Till, passed 4-0. IV. REQUEST FOR DISCUSSION: Chairman Kobza requested that PARAB put Productivity Report Discussion Scheduling and Vanderbilt Beach Turnaround on the agenda for discussion. Mr. William Clendenon requested that PARAB add the subject of Tigertail Beach Clean-up to the agenda. Mr. Gil Mueller requested to discuss Budget issues. V. NEW BUSINESS/PRESENTATIONS: A. REGISTRY PRESENTATION A letter was received from Attorney McMackin, representing the Registry Hotel Resort, requesting to present their request for providing banquet services after park hours to PARAB. Mr. Kobza has received 5 letters (provided for record) in support of the Registry's request. MR. MCMACKIN: The Registry Resort's ownership is comprised of 426 condo owners, each owning a room or rooms. Mr. Popper is the General Manager, and we are going to present a proposal that we believe will be beneficial to both the community and the hotel. 1 4 MR. KOBZA: What we have is a building that is owned by many owners and they enter into a management contract to run the hotel. The owners purchase a room instead of stock, and it is a non-residential condo managed by the Registry Resort. Mr. McMackin represents the hotel owners and Mr. Popper represents the Registry Hotel Corporation. MR. POPPER: I would like to share some thoughts with you; I have been in Naples 2 1/2 years, live in Pelican Bay, and enjoy the area. The hotel has operated the beach concession since 1988 and the present contract expires March 31, 1993 . (Picture shown of Clam Pass Beach area) . OBLIGATIONS OF REGISTRY: Hire the tram operators - have 6 - and pay one half of their salaries. 200,014 people visited the beach last year, 62% were local residents and the remaining were Registry guests. We take care of the cleanliness of the area where snacks are served, and the restrooms. Two people work there from sunrise to sunset. They handle all the equipment rentals - boats, canoes - maintain the park grounds and parking area and treat it as if it were part of the Registry. This is of benefit to the County as we pay 20% of the gross revenue to the County - $47,241 last year. We provide an emergency communication link from the beach to the Resort if there is a problem. We stand responsible for what is used there. A study of 650 beaches in the US showed Clam Pass as number 11 - this study included beaches in Hawaii and in Florida, and was based on the water, temperature, and cleanliness. In the 3/15/88 Agreement between the AUO and the County, $75,000 was escrowed for development of utilities to Clam Pass Beach - water, electricity and telephone. The County put up a like amount of money, the AUO put up another $75,000 for expansion of the beach facilities. The $150,000 in escrow held by the County is now worth approximately $200,000. The status of the utilities - hopefully work will start in November. The utilities will run along the beach through an easement from Naples Cay and by February or March next year, we will have utilities out there. The other half of the arrangement is to enlarge the facilities. (Showed concept) We wish to build a deck, storage area, convert the existing storage area into a kitchen, enlarge the restrooms and we will have utilities hooked up to that and will provide lunches. (Showed a sample menu without prices as the prices need to be negotiated with the County.) This will enlarge the seating area - Easter sunrise services are now held on the beach, weddings and local functions could take place and the Resort could hold banquets. Basically the hotel is a land locked hotel with no golf facilities or beach facilities of their own. Through a concession agreement we have been able to use the beach, but the hotel has lost approximately $117,000 due to the inability to hold banquets, etc. on the beach front. We cannot compete with the Ritz, Naples Beach Club, or Marco area hotels that have these beachside facilities. We have lost probably 3 to 5 million dollars due to this fact. People pay $70 to 80,000 for a 4 or 5 day event, $60 to 80,000 for a banquet. We are able to provide employment for 750 in staff, 40% are entry level positions. These people would be out of work if this work was not available. By being in a non-competitive position we have lost, but the County has also lost revenue over a period of years, by not being able to do something on the beach. We are looking for (1) approval and endorsement for a 10 year extension of our concession agreement, through the year 2005, for which we have offered to pay $100,000 to the County. It is our life line, we 2 can plan ahead - bookings are made 5-7 years ahead. (2) Expand the deck to seat 200 people and we would have the ability to serve food out there. (3) We ask for permission on an event by event basis to serve alcohol in conjunction with food. We would be judged on how well we had done the last time. We would get permission for one event only at a time. We would be prepared to have security out there and make certain that things were clean, and treat it the same way as if the event were being held in the hotel, and the County would receive 20% of gross revenue. We are looking for a ten year extension, to enlarge the deck and facilities, and for permission on a case by case event to serve alcohol on the deck. The Registry had a rocky start with the public. Since I have been here I have tried to become part of the community, work with the community, and have a good relationship with the neighbors. We want to be good neighbors. I feel if we were able to do what we would like to do it would be a great source of enjoyment for anyone using Clam Pass Beach - we have overflow parking at the Registry, would be able to serve lunch, would be able to have community events, and would be able to compete with other hotels. It is important from a financial point of view, we have 750 employees, and in my opinion it is a win, win situation. The County would get a percentage, we would build and the County would own it, we would maintain it. We are asking for endorsement. DISCUSSION MRS. TILL: If given permission for alcohol use to one area, does that affect all other areas in the County? Will it open it up for all other areas? MR. POPPER: Right now in Golden Gate there is a entity which can serve the community on a case by case basis. No other area in a County park has this type of facility. We could offer security and control that area. There are a number of cases where this type of arrangement has taken place - it is not unique in origin. Squaw Peak, Grand Canyon } National Lodge, and other properties in California and Hawaii that have similar arrangements with hotels were able to use County facilities for this. Based on this, and an exception in Golden Gate, and I would be held responsible. MRS. TILL: How many times? MR. POPPER: I could see it mostly in season or during convention season. Once or twice a week after that. MRS. TILL: What is 20% revenue - it includes what? MR. POPPER: Anything I sell out there - food, suntan oil, rentals, etc. MR. KOBZA: I anticipated legal questions would be asked and asked the County Attorney's office to have a representative here. Mr. Cronin is 3 present to answer any questions we may have. Would there be a legal reason why we could or could not allow a concession of this kind at Clam Pass as related to other parks. Are we legally locked in to allowing other applicants at other parks. MR. CRONIN: You may amend the Ordinance to allow that activity to take place at this location. There would be no precedent setting in other parks or allowing it on a wide spread basis. MR. KOBZA: This platform will be used for a day to day and special events. MR. POPPER: Banquets are usually 7-9 p.m. and would not interfere with normal beach activities. It would be a separate operation. MR. KOBZA: Some occasions you mentioned may not start after closing, wedding receptions, community functions, these people would not be permitted to close the park down? MR. POPPER: No, nothing to impair visitors from using Clam Pass Park. It would be strictly an extra event to be held by the hotel when the park is closed. The Registry would be the caterer for all events. MR. KOBZA: The 10 year extension, why? MR. POPPER: We book business in advance, and have repeat business. It is important to us. We would feel better knowing we have the Agreement for ten years. We are in an unenviable position and have nothing to bargain with. We have done a good job, but the County has all the cards. I am standing here and say whatever you want, in reason, we will do it. We are looking for advice from you. The Board of County Commissioners will be looking for your recommendations. If ten years is too long, let us discuss it. I want to be reasonable and want you to understand my point of view. I need to plan ahead. MRS. THOMAS: Are the same arrangements in existence in Florida? MR. POPPER: I do not know - it is existing here in our Golden Gate area. MR. MUELLER: Is your intention to take down the existing structure and build a new one? MR. POPPER: All we are talking about is the addition of the deck, converting this building to a kitchen, storage building and expansion of the men and ladies restrooms. MR. MUELLER: Who is going to pay? MR. MCMACKIN: The owners of the hotel from the money in escrow - there really is no agreement as to what we would build - whatever would have the least impact on natural resources. We have $75,000 of that amount and it would be our responsibility to pay for it and it would then be County property. 4 MR. MUELLER: Mr. Cronin, my primary concern is that a precedent would be established for use of alcoholic beverages on County property. What if it materializes, went on for a year, and everything went well. Some organization on Marco Island said they wanted to use Frank Mackie and serve cocktails, or someone wanted something on the beach during spring break and serve cocktails. Would the County then be put in a safe legal position to turn it down? MR. CRONIN: Yes. The ordinance would have to be amended to be allowed in specific places. MR. MUELLER: It could be allowed in some places and not in other of similar types? MR. CRONIN: It would depend how the facilities were defined. MR. MUELLER: I am talking about serving alcohol at beach A and 5 miles down the road not serving alcoholic beverages at beach B. MR. CRONIN: In my opinion you can safely do that if you allow Golden Gate to do that now. I do not have that ordinance with me, but would be willing to get it for you. MR. MUELLER: One question, I was not aware that a facility in Golden Gate allowed alcohol. MR. MURDO SMITH: Golden Gate Community Center. MRS. TILL: Doesn' t it belong to the citizens of Golden Gate? I pay taxes for it. MR. SMITH: It is owned by the County and falls under the Parks and Recreation jurisdiction. MR. MCMACKIN: I have a copy of the ordinance if you want it Gil. MR. MUELLER: I have seen the result of alcohol being used at Tigertail Beach. Over a period of ten years there have been probably 4 occasions and it is not something I want to see again. Fights, arrests, I would not like to see it at Tigertail or establish a precedent which would allow it. MR. CRONIN: I would recommend there be some sort of indemnification language in this extension which would put Mr. Popper at risk as far as booking these events on a long range basis and then not having them available. Should there be some violation, as it is on an event to event basis, that is a lot of responsibility. 5 MR. POPPER: I would probably attend most of these functions. If for some reason it does not go well I would lose. We have too much at stake not to make it work. I would personally assure you it would be handled properly. MR. KOBZA: This is a very unique situation. I have questions related to the mechanics of how it would work; economic and philosophical questions. How does this fit in with our park philosophy. It is a different type of facility than Golden Gate Community Center. Golden Gate Community Center has a very controlled environment - people in one room segregated from other people. How would you separate a group going to use the board walk and on the beach? There is 3,100 linear feet of board walk - 1/2 mile. It is definitely related to liability concern of the County - people in a removed location that have to travel 3,100 feet and that is a little different if they have indulged too much. How are you going to address the mechanics of that issue. It is different than a building or other type of facility in that respect. MR. POPPER: We would have to provide additional trams to bring these people to and from the beach. For special events the Hotel would pay for drivers and service. If you look at the plan, you will see specifically it was arranged so that people could not crash the party. This is about 10 feet off the ground, and could not be just walked onto. We have security already planned at this point and we would be able to control it so only members of the function will be there. We will bring them out and we will bring them back. It is a better control then if they get right into their car. There will be a waiting period and they can be observed. If they had too much to drink they could be held and taken back to the hotel. Security is definitely in the picture and we would control entrance to that deck which is ten feet off the ground. MR. KOBZA: You would provide trams - how many and what times? MR. POPPER: It would depend on the number of people. It takes 4-5 minutes to get out there and the trams would go back and forth until we get everybody back. It is a nice walk. MR. KOBZA: I am concerned about that. During regular beach hours would you have a conflict - say public would utilize the facility for lunch - you would not serve alcohol then. MR. POPPER: No alcohol at lunch. The only time it would be served would be on a case by case basis and the County would have control of it. MR. KOBZA: Would you buy extra trams if necessary? You are talking about several hundred people at a function. Would it be a matter of limiting the number of people? Is that something you are open to? Security, how much security? Would you be paying a guard to man the boardwalk with people utilizing both ends - a man patrolling at each, a man on the beach, 3 or 4 people per event? MR. POPPER: My responsibility would be to provide adequate security. I 6 would have to rely on my personal knowledge, or if you feel you want to stipulate the number. MR. KOBZA: We could agree on the number of people involved and how they are deployed. MR. POPPER: On functions in the hotel, they are supervised by members of management, members of security, also catering banquet people and we would make sure this worked. MR. KOBZA: I would want to know you have security also within the event from the standpoint that no one from within the hotel comes that does not belong there. I have a question related to liability concerns. I have this fear that we have alcohol served at a public facility, someone has an accident, fall, etc. , somebody drinks and gets in an accident, what is our potential as liability as a County if anything happens. Does the fact that we own and lease this property - liability of owner and/or Registry provide liability for us? MR. CRONIN: We would look for strong indemnification language. Risk Management addresses those issues to relinquish County from those liabilities, especially from events outside of County operational facility where alcohol is served. MR. KOBZA: Would these insurance policies include provision of coinsurance and duties of defense so that the Registry and/or owners were responsible for providing our cost of defense in the event we were getting sued? MR. CRONIN: I know certain language is in all County contracts. I am not sure if defense language is in, but it could be specifically addressed in the uniqueness of this situation. That may be a good addition to our standard binder. MR. MCMACKIN: The existing facility agreement by which the Registry operates - we would be willing to extend that in any way Mr. Cronin felt applies to this particular facility. It is important to note that you have in here two large entities who are willing and able to idemnify this. Our hotel is debt free, no mortgage, no liens, it is owned outright. The Registry Hotel, the National Corporation, and these folks are answerable. MR. KOBZA: Would you be willing to bond off that responsibility? MR. MCMACKIN: Yes, sir. MR. KOBZA: A cash bond or some type of bond we could draw upon? This Agreement will last ten years, and I would want to know that we could go against the bond or some liquid form of asset without having to litigate that. It has to be a zero liability and a zero cost basis to the County. MR. MCMACKIN: That is also what we want and are willing to post bond. We have already posted almost $200,000 against our obligation to construct these buildings and extend the utility lines. 7 MR. KOBZA: $75,000 in escrow - could you describe the original intent of that escrow - I understand it was an agreement between the County, part of the 1988 Agreement. MR. MCMACKIN: It provides for construction of what is called the third pod - there are two $75,000 funds (1) in escrow for utilities (2) to report on all estimated cost of building of third pod of beach facilities. MR. KOBZA: It is now $200,000. ANSWER: $196,000 in escrow. MR. KOBZA: Now taking that money, roughly $200,000, is that all set aside for construction of the third pod, or is $75,000 for utilities? ANSWER: $75,000 for utilities, $75,000 for third pod. MR. KOBZA: Plus interest, so if this does not happen $75,000 will still be spent to construct a third pod and just look different than your proposal? How many square feet would be added? ANSWER: Have no architectual drawings at this time. MR. KOBZA: Have you investigated permitting at all? ANSWER: We understand permitting is necessary and is our responsibility. It has to be done to build anything on the beach. We determined this kind of structure is least environmentally offensive because all we are doing is extending the deck 3,000 square feet. QUESTION: What are the dimensions of that expansion? ANSWER: Would be approximately 150 x 150. MR. MCMACKIN: It would take care of 200 to 250 people - requires a certain amount of room to move around. Those are rough figures, looking to accommodate 250 people. QUESTION: If you are going to have banquets, would you prepare everything down there? ANSWER: No, we would have storage facilities and that would handle mostly barbecued steak, chicken, etc. - basically steak, all could be prepared out there. It would be simple but elegant. MR. KOBZA: The total cost of construction on what is proposed? 8 ANSWER: Do not have actual figures but would be approximately $300,000. We would take the $75,000 and put $225,000 to it. When utilities are extended we must pay the contractor, then when the County is satisfied, the County will reimburse us from our funds. MR. KOBZA: Any additional utilities necessary because of this addition? ANSWER: No, utilities were designed for a much larger facility than we are proposing. MR. KOBZA: Would you be open to a clause - you are here making representations, we are relying on your reputation, good faith, etc. Assuming that we were to provide the latitude to go in this direction and accept with limitations some of the things you are asking us to do - would you be willing to agree to a right of non assignment? In other words a clause which prevented assignment. We are betting on you, if the hotel sells or somebody else comes into the picture we ought to be able to say that was theirs and not yours. Maybe Mr. Cronin has some comments on that type of thing. MR. CRONIN: It would be a matter of negotiation. MR. KOBZA: We need some comfort level here that so we have additional power of review. MR. MCMACKIN: Speaking for the owners we certainly have no objection at all. We do not intend to sell the hotel and we don' t intend to assign this to anyone other than ourselves. MR. KOBZA: Would you be open to the limitation on the number of events per week? You said probably not more than two per week during season. I am looking for some confirmation of that. MR. POPPER: The difficulty I have is that I don' t know. To be honest with you, I just don' t know. You obviously have the right to say no. I cannot tell you right now and I don' t know how I could accommodate you. You have the latitude to say no to me anytime. MR. KOBZA: Let me tell you one of the things I am thinking about. When you are in off season, it is daylight savings time, the park closes late - 8 o'clock. MR. SMITH: The parking lot is closed by the Registry during the summer months because it is later. During the winter months we close it at 6 o'clock. MR. KOBZA: I am trying to dovetail our policies with what they are requesting so in terms of their special events. . . MR. POPPER: It would be after the park closed that the event would be held. During the summer it would probably be nine o'clock. Chances are 9 we would probably come to you more during the winter months - convention periods. We do not have the same requirements and needs in the summer months that we do in the winter months. Most of our business in the summer are State associations, people coming over for the weekend from the East Coast. We do not have that same type of groups that require outside events as we do in the winter. MR. KOBZA: When would you schedule special events in relation to the park hours? Are all special events after park hours? ANSWER: I am proposing that we would identify those hours for you. We would say the function is going to be between 7 and 9:30 or whatever it is and you would have the right to say you can' t do it then but you could later or earlier. MR. KOBZA: Let's say there is a wedding in the afternoon so under your proposal would you be able to have that if the park was still open? ANSWER: A small wedding, I would say yes, 75 people or so. Again, it is the demand and whatever you feel appropriate. COMMENT: Small group and you wanted a luncheon out there I don' t see where you would need the County's permission. ANSWER: The only time we would look for County approval is in the evening when we would serve liquor. COMMENT: Could I, the public, hire the hall for a function through you. ANSWER: Certainly. Now if you want to invite 200 or 250 of your best friends and wanted lunch - I would be happy to. MR. KOBZA: Would you charge what would be a hall charge - it is the County's facility. Would be giving you a lease? COMMENT: It is a Concession Agreement. MR. KOBZA: Do you charge for using that facility. You have a convention, you say it will be X number of dollars for use of the facility, so much per person, etc. MR. POPPER: What we do we have set dinner prices, set reception prices, set drink prices, set bar tender charges, we do not charge for the space as long as you have people for your function. We would not charge a lesser amount to a County function as opposed to a hotel function. We pay 20% of revenue to the County. I am sure you all understand business. We have set prices, within those prices there are many organizations that we give a break to. A lot of civic groups that meet at the hotel because of the fact that we are a local entity. But basically I think we should have one set of prices - it gets confusing when you start charging one price for hotel guests and another for County residents. 10 MR. KOBZA: Is any of that air conditioned? ANSWER: Open MRS TILL: Mr. Cronin, would that just be for one year, nine years, or what? I do not want to make a decision for twenty years from now. MR. CRONIN: As I understand it it would take effect at the end of the current Concession Agreement which is 1995 if all options are realized. The ten year extension that Mr. Popper is proposing runs from 1995 to 2005. MR. SMITH: We have a Concession Agreement right now with the hotel until 1993. There is a two year option renewal after that, it could or could not be renewed. If both parties agree upon it it will go until 1995. Actually they have a contract only really up until 1993. MR. MUELLER: Who is Mr. Oaks? ANSWER: He is Executive Vice President of the Chamber of Commerce. MR. MUELLER: He wrote me, I imagine all of us, a letter and his name was unfamiliar to me. MR. CLENDENON: What does this facility cost? The tramway, boardwalk, utilities, etc. ANSWER: The County owns the boardwalk and I believe we paid for it. Almost $800,000. Hotel built and paid for the parking lot, gatehouse, and everything at that end. MR. KOBZA: Would the staff have any input here, or the County Manager? MR. CRONIN: No, the County Manager is waiting for PARAB's recommendation. PUBLIC DISCUSSION: Mr. Gaetano Allegretta, 1643 Johnnycake Drive: Recommend approval. Events at beach would help guests enjoy their stay and also increase revenue for the County through concession fees and various taxes. Registry Resort is very community minded and not looking for everything just for themselves. I am also a part time deputy for Collier County and know the Resort is very security minded. Extra deputies are employed at the hotel throughout the year when needed. We are talking about alcohol on the beach and when you go five miles down the road to a County beach you can drink anything you want as long as it is not in a glass bottle. I know that we have had more problems with people drinking alcohol on the County beaches than elsewhere. It would be an economic benefit to the hotel and also to the County. 11 Ms. Jeana Dawson, 27893 San Wan Court - also an employee of the hotel. She feels this would be good for the hotel and their business. It would give the opportunity to earn the "five star" award which would be a credit to the community as well as the hotel. PUBLIC DISCUSSION CLOSED AT 3:40 P.M. . MR. KOBZA: Mr. Smith what is our policy of alcohol within our public beaches? Consumption of alcohol on Vanderbilt Beach, Barefoot Beach, etc. MR. SMITH: If it is a park facility, there is no alcohol allowed. If you are on the beach and drinking alcohol we cannot stop you. However, in our beach accesses and getting to the beach, we can stop you. Now Tigertail is basically a public park. We can stop people from carrying alcohol to the beach, Barefoot Beach, the same thing. Vanderbilt is a little different because that is an access. We can stop them in our parking lot, but once they get on the road we cannot stop them from going to the beach with alcohol. Clam Pass there is no drinking in the parking lot or down to the beach itself. MR. KOBZA: What is the pleasure of the Board. Lets poll the Board members and see if we can reach a consensus? MRS. TILL: I feel this is well thought out, and if the legal situations are straightened out, I will vote for it. MR. CLENDENON: I am in favor of it. My only concern is the change in the Ordinance that our attorney mentioned and have him review our recommendation before it goes to the BCC. MS. THOMAS: This is very good because Florida is a tourist state. I am for it. MR. MUELLER: We spend a considerable amount of time drawing up an ordinance, parts of which dealt with the use of alcoholic beverages on the beach. I think the Commissioners adopted it almost verbatim. It seems to me we are nulliying it and going against it to some extent. I am not saying that I am absolutely dead set against it but that is an issue that is bothering me. If someone can clarify that for me and show me where I am wrong, I would most welcome them to do so. The second situation I think we are establishing a very, very dangerous precedent. I mentioned my experiences as far as Tigertail Beach was concerned. I find it difficult to believe that we can allow this is some parts of the County facilities, but to deny it in others. I question that very strongly. We have meeting rooms at FMCP, why can' t they drink there. I am not against drinking, but when it is done in excess, there will be problems. There will be 3,100 feet of 8 ft. wide boardwalk and I can just envision the results of people traversing that boardwalk. Another thing, what would keep other condos, hotels, etc. from doing this same thing along the entire stretch of beach for petitioning for the same thing? Can you imagine what we would have in Collier County if 12 ultimately we have alcohol being served up and down our beaches? We would be much worse than Ft. Lauderdale ever became. The liability factor is enormous. The Parks and Recreation Department does not need a problem like that. I personally would not vote for it. MR. CLENDENON: I hear you loud and clear but Mr. Popper said this is all on a case by case basis and we have the option to turn him down at any time. MR. MUELLER: I appreciate you pointing that out to me. Mr. Popper is a very persuasive man. He is a tremendous salesman and I envy him. If there were a bad experience, do you think the County would have the fortitude to turn them down? I doubt it very much. MR. CLENDENON: Wouldn' t it be normal for these special events to come to this Board first? ANSWER: It would go to the County Manager or his designee which would possibly be the Public Services Administrator. MR. MUELLER: Do you think that after they invested $2 or 3 hundred thousand dollars in a facility, and there were a problem, the County Manager or whomever would say no you cannot do it any more? MS. TILL: There are two ways of looking at this. Ultimately we are skeptical about some of this. MR. MUELLER: The Park and Recreation facilities, whatever it be, somehow those places owned by the taxpayers should be places where we do not have to consume alcohol beverages. It is such a beautiful place, Clam Pass, that it just seems too bad that this too has to be a place where we have to consume alcoholic beverages. They will turn this into a zoo, mark my words. I know how people conduct themselves at the hotels on Marco when going overboard on drinking and the same thing will happen. The Registry is a reputable place but it can happen anywhere; but why allow it to happen? PUBLIC HEARING IS CLOSED AND WE ARE GOING TO RESOLVE THIS AMONG THE BOARD. MR. KOBZA: This is probably one of the most difficult decisions I have faced on this Board. It is a fairly sophisticated undertaking and one not without its risks. I think that when we have an opportunity and can do so in a fashion that is safe to the County that can provide services to the County within our parks, we should try to do that. And also as it relates to local businesses, we do have an economic interest here in employing people, and keeping people employed, and we are very much a tourist dominated economy. I think we need to recognize that. On the other hand, knowing this property very well, and it's a beautiful area, and I enjoy it a lot. Anything that would endanger the enjoyability of that area by the public I am very sensitive to; including the fact that 13 we would mix the general public at large with the consumption of alcohol at that facility. I have a lot of trepidation about that particular issue, and am somewhat on the same page as Gil on that issue. However, I think I have a suggestion for the Board - I am also concerned about the other issues that were the subject of my questions. What I would be in favor of would be a proposal that would allow the project to go forward. I think the economic issues are fairly detailed any may be beyond what we can resolve ourselves. We have a major expenditure of funds, and we have to rely upon the County Manager to make sure the County is protected and that we would get our share in the operations is what I am basically trying to say. I would be in support of the project subject to stipulations that there be a whole payment of all costs associated with construction permitting, security, and I would be absolutely definite, I would not want to see "adequate security" in the agreement. I would say a certain number of guards per a certain number of people. That all transportation issues were resolved, and again I would not say "adequate transportation", I would say a certain number of trams available independent of what the public tram system might be, and a coordination of that. I might include a probationary period, I would definitely include a no assignment provision or limited rights to assignment because we are dealing with these people and not with somebody else at this point. I would want adequate bonding for the County in terms of liability because it's important that we not just have a right to law suit. I want to know that if something happens we have cash or something to draw against and then we will litigate it. In addition, I think the alcohol is the hardest issue. I would support, with those stipulations. As related to alcohol I think initially what I would approach is this, I would not allow the service of alcohol during park hours when the public is using the park. I would not allow the intermix of hotel and public use of alcohol during park hours. After that, I would do it on a case by case basis, and try to put definition as to what counts a default in the Agreement. It is not merely that there could be a accident, but if people are excessive and rowdy, or if there is any adverse consequence, I want to know that it is monitored and that we have the right to cut that program off tomorrow. That would provide a lot of incentive for the Registry and Owners to make sure they are policing that program. I would also want to make sure that the security doesn' t allow people from outside the special events into it - sometimes people come in by boat, or they walk the beach, although Clam Pass is rather removed at both ends. I do not want to mix those things. I think people of the County are going to be very sensitive about the alcohol issue. I can support the program but want some very severe limitations on the alcohol. MR. CLENDENON: I see these special events, which are distinctively separate from the operation of the park, but during these special events the operation is an extension of the Registry. It is their operation, they are responsible, they provide security and transportation - you would almost have to say I want one guard for every ten people. Put definite numbers on. MR. KOBZA: That is what I am saying exactly. It is not enough to say adequate. 14 MR. CLENDENON: You mentioned the separation of the public transportation as opposed to the special event. Those two occasions will never occur at the same time. MR. KOBZA: Well, a wedding in the afternoon, 300 people and guests come in and use the boardwalk. They have to use the trams, what about the public that is sitting there? You have to have the ability to get them both to the beach. I am trying to think this through and I want to know that a provision is being made. Basically, what this would mean - an afternoon wedding, no alcohol, the beach is open. The beach is open, no alcohol. The beach is closed, on a limited basis, given a lot of conditions, a lot of security, and review and approval by the County - and I might even ask them to pay for having a County representative available, like a Park Ranger, to make sure they are in compliance. MR. MUELLER: I still think we would be making a terrible mistake to begin to allow a potential explosive exception to our ordinances as far as the consumption of alcoholic beverages on public property is concerned. That could open up a Pandora's box of problems that would be almost unimaginable. I really see very little that the taxpayers could gain from this. There are other ways of gaining revenue, much simpler, better, and less dangerous than to think this is going to benefit the County financially to any appreciable degree. It will not at all compensate for the potential problems that are going to result in granting this exception. MR. MUELLER: Would someone like to take a stab at making a motion? MS. TILL: I think he is asking for a 10 year extension, extend deck to seat 200 people, approx. 3,000 sq. ft. , ask permission on an event to event basis to be able to serve alcohol beverages on the deck. Think that it is. MR. KOBZA: In off park hours. MS TILL: After park hours. MR. KOBZA: Is that a motion? MS. TILL: Yes, I will make that in the form of a motion. MR. KOBZA: OK. I am going to ask you to include my stipulations. MS. TILL: Yes. I want to include that stipulation. No alcoholic beverages during park hours, when the parks are open. MR. KOBZA: How about the other stipulations? MS. TILL: Oh, 15 MR. KOBZA: Well, not that you have to memorize them - specific security, specific transportation provisions, no assignment clauses, full payment of all costs associated with construction, and permitting, it is the responsibility of the condo association and the Registry, bonding to the County. Specific provision on security - in other words an officer per designated number of people, specific provision on transportation - in other words how that relates to the existing tram system up there. No assignment clause and I think that we agreed a provision that no alcohol be served during park hours, the bonding, that there be a cap line posted in favor of the County for the purposes of indemnification and hold harmless for any potential liability including the cost of defense that arises out of the operation of the facility. When I say facility I mean the expanded facility. Did I leave anything out? So anyway those are the stipulations that I came up with, so if your motion for approval with the 10 year extension, subject to the stipulations? OK so that is the recommendation to the County Manager's office and the County Board. MS. TILL: Say, Yes? MR. KOBZA: Is that your recommendation? MS. TILL: Yes. MR. KOBZA: The motion is recommendation to the County Manager's office and the County Board of a 10 year extension of the concession agreement subject to the listed stipulations. MR. CLENDENON: May I suggest we add one additional stipulation is that the Ordinance be changed accordingly? MR. KOBZA: It is your motion Mrs. Till. Is that acceptable to you? MRS. TILL: All right. MR. KOBZA: OK and that the ordinance regulating the service of alcohol at County facilities be amended accordingly. MR. CLENDENON: Seconded the Motion. MR. KOBZA: OK we have a motion and a second on the floor. Any further discussion on the motion and subject? That motion passes with 4/1 - negative vote by Mr. Mueller. MR. MUELLER: when will this be presented to BCC? MR. SMITH: When the Registry and AUO decide they are ready. 5 MINUTE RECESS 16 B. BOAT LAUNCH GOLDEN GATE CANAL UPDATE: MR. MURDO SMITH: I will give you an update of what our Department is doing and locations that we have looked at. It would come back to you people again for your review before any decisions were made. Then Tom Burgess, representing Southern Bass Anglers as well as 4 or 5 other Bass Clubs here in Collier County, will speak. This group has requested a boat launch in the Golden Gate Canal. (A map showing locations was shown) There is a report from the Real Property Department in your packet showing the survey completed by them. In the Growth Management Plan it addressed a fresh water boat lane or ramp in the Golden Gate area. We looked at different areas where South Florida Water Management currently has existing boat ramps they use to test the waters, etc. in the canals. These are boat ramps that are basically limerock, stone, or gravel and are not maintained all that well. The Bass Club has requested that we look into the possibility of getting some type of launch for them. Staff looked at a possible location off 58th Street S.W. , which is just off the Parkway. There are two launch areas by the bridge on Golden Gate Parkway, one on the north and one on the south side. There is another area along a frontage road on the east side of 951 . There is no current boat launch area there, but the area is quite secluded with no homes nearby, it is vacant, and the property may be relatively inexpensive to purchase. Real Property is checking on this. We will probably favor the frontage road along the east side of 951, which is near 39th Street. These will be strictly fresh water ramps, the canal goes into Lake Sapphire. The Growth Management Plan has estimated $200,000 per lane per boat launch facility which would include parking, restroom facilities, fish cleaning tables, lights, etc. There are approximately 200 or 300 members in the various fishing clubs. Staff will return at another PARAB meeting to advise Staff's recommendation and approval to go before the BCC. C. AMENDMENT TO FOOD & BEVERAGE CONTRACT, TIGERTAIL BEACH: Cool Concessions has requested a reduction in their remittance to the County because of conditions at Tigertail Beach. Mr. Smith has drafted an Amendment to the Food and Beverage Concession Agreement and submitted it to the County Attorney's office for review. Staff has met with the Concessionaire and negotiated a reduction agreeable to Staff and to the Concessionaire. The Amendment states the Concessionaire will pay 15.5% gross or $650/month whichever is greater. Their last percentage was approximately 22% or $900/month. Mr. Tod Herbst, representing Cool Concessions, Inc. , was present to answer questions. Staff's recommendation is that we approve this Amendment, providing the County Attorney approves it also. A discussion was held regarding whose responsibility it was to clean the restrooms. Since the inception of Concessionaire Agreements in 1982, it has been the responsibility of the Concessionaire. Mr. Gil Mueller: In view of the past problems that we've had with that beach, and the unimaginable amount of man hours and money that it's cost the County, I'm going to have to preface my motion with a comment. 17 Hopefully this will never happen again. But, unfortunately because of the original demand by the. . . And I'd like you to make this a matter of record Ramona, if you will please. I'll begin again. Unfortunately because of the original demand by the County Environmental Department to stop raking the beach, and the Park and Recreation Department's agreement to that demand to do so, we again, and I emphasize again find ourselves in the position of having to considered a reduction in the fees for the Concessionaire. Consequently loosing the Park and Recreation Department and the Tax payers additional revenue. I make a motion that we accept Mr. Herbst's request to modify the Food and Beverage Concession Agreement. MOTION by Mr. Gil Mueller: We accept the recommendation of Staff and the request of the Concessionaire for a modification of the Concession Agreement. Seconded by Ms. Geneva Till, motion passed 5-0 vote. D. UPDATE ON MANAGEMENT PLAN: Mr. Jeff Moore, Coastal Engineering, made a presentation of the Lely Barefoot Beach Preserve Management Plan. He would like PARAB to set some schedules for a workshop, and has a 10 page outline of what process/steps to take. The Land Management Plan is a vehicle that defines how the park is used. Staff will have to go through this process every 5 years throughout the life of our lease with the State. All of the vegetation and different habitats have been identified. This is a good habitat for gopher tortoises and a great deal of bird life. Six to twelve endangered species of plants have been identified and an overlay of different types of jurisdictional areas done on maps. The Coastal Control Line, as well as an existing road, goes behind the dune itself. Brazilian Pepper and Australian Pine are a big nuisance at the park. A photo was presented depicting the front of the dune, the dune itself, and in back of the dune. Coastal Engineering is the firm that did the County work for the bath house, etc. , and have been involved with the area for about two years. Mr. Smith commented that the Plan submitted to the State during talks for the Management Agreement was a very passive area. We have an agreement with the State to submit the Land Management Plan for approval. Barefoot Beach Preserve is the most pristine beach in Collier County. The entire goal of the Management Plan is to limit development there. The site itself is about 1 mile long, north to south. PARAB may wish to set standards and establish public contact the week of October 7, 1991. The Draft needs to be submitted to the State by the end of October. A public meeting has been planned for October 16, 2:00 p.m. at the Golden Gate Community Park. Ms. Geneva Till requested a letter of reminder be sent to all PARAB members. E. NSA CONTRACT: This is a new agreement for scorekeeper services, to be used for all our softball, basketball, and Co-ed leagues throughout the County. It will be a one year contract with an association to perform all those functions. There is a fee schedule per game. We have a similar agreement with umpires. Staff is convinced that this is the best route to go. It will 18 probably save the County some time, because we won' t be calling the Scorekeepers all the time. Staff recommends approval, so the subject can go before the BCC. This has been approved by the County Attorney. Mr. Gil Mueller motioned to approve the Naples Scorekeepers Association (NSA) Contract as presented, so Mr. Murdo Smith can go before the BCC with it. Ms. Cherryle Thomas seconded, and with no further discussion the motion passed unanimously with a 5-0 vote. F. SCHOOL BUS AGREEMENT: This is a School Bus Agreement that we've had for numerous years. This is an update with the School Board for busing our Summer Camp kids and After School Program kids to different areas - the beach, bowling, and so forth. Mr. Gil Mueller commented that he thinks it's a good idea. Last year we had 3 or 4 a week, this year we cut it back to about two. Staff recommended approval so it can go before the BCC. Ms. Cherryle Thomas motioned to recommend to the BCC to approve the School Bussing Agreement as stated by Murdo Smith today. Mr. William Clendenon seconded, and with no further discussion, the motion passed with a 5-0 vote. IV. REQUESTS FOR DISCUSSION (continued): Chairman Kobza commented that since the time for the meeting was running out, he wanted to economize on the time for the remaining issues. A. PRODUCTIVITY REPORT DISCUSSION SCHEDULING: Chairman Kobza requested an item from the Productivity Report be on each PARAB Agenda to address one at a time. Mr. Murdo Smith will write a memorandum to the County Manager to ask the BCC what direction to take regarding beach issues - parking, fees, etc. Chairman Kobza commented that he would like clear direction from the BCC or from the County Manager's office by the next regular meeting, October 23, telling PARAB what they want done. PARAB does not want to do something that BCC has other plans for. Mr. William Clendenon asked for a copy of the Productivity Report. PARAB decided to put "User Fees" as they relate to beach parking on the Agenda for October 23 , 1991 , and hopefully we will have BCC direction by then. B. VANDERBILT BEACH TURNAROUND: No discussion. C. TIGERTAIL BEACH CLEAN-UP: Mr. William Clendenon asked staff if they were aware that they can use convicted prisoners from the county jail for this type of work. The Department is presently using these people on weekends to do the raking of the beach. Mr. Gary Franco clarified that they are not convicted felons, but Community Service workers. Mr. Clendenon commented that Judges assign people to so many weekends in jail; they are convicted and they can be forced to work. All that staff has to do is get in touch with the Jail Administrator. People in the County Jail awaiting trial can not be worked. These people are basically laborers, and one cannot rely on them to provide any particular skills. These people do not wear jail uniforms 19 but they wear mustard colored work clothes. D. BUDGET ISSUES: Mr. Murdo Smith updated PARAB. Basically the BCC approved the swimming pool, the multipurpose building, the football/soccer field lighting for Golden Gate, North Naples and Immokalee. We received approval for improvements at the gymnasium in Immokalee and Conklin Point Boat Ramp. In reference to the recommended cuts by the County Manager, the BCC did not agree with the cuts and left them in the Budget. The staff was also to be cut at the Community Centers and the Multipurpose Building, but the BCC left that in the Budget. Basically, we did very well this year. The Department submitted a good operating budget, kept it under the percentage, and the BCC adopted it. We did loose a Park Ranger position. The designated safe swimming area for Tigertial is on-going with Coastal Engineering right now. New sod, plants, and sprinkler system will be installed at Tigertail Beach. The sign at the front entrance to Tigertail Beach will be dressed up. At Tommie Barfield, improvements to the softball facility have already been started. We're looking at possibly landscaping around the tennis courts where they put bicycles, to buffer that area from the road. The Frank E. Mackle Community Park dividing wall: At one of the Budget meetings Murdo brought up the subject of the dividing wall; the County Manager and Commissioner Shanahan discussed the possibility of putting it in now as we still have a contract with the vendor and the time to do it. Bill Flynn from Compliance Services obtained a price to install the dividing wall; however, he wanted to check with the architects to see if it's structurally sound. We still have a contract. The Community Center at Veteran's Park is estimated to be opened around the middle of November. Chairman Kobza requested that staff schedule PARAB's November meeting at the Veterans Park Community Center, if it's completed in time. VI. REPORTS/UPDATES: A. BONITA BEACH PARK: Mr. Murdo Smith mentioned that the bath house at Barefoot Beach is out for bid. Mr. Gil Mueller suggested that we'll probably have the bids on that at the next regular meeting. B. RECYCLING: No discussion. C. TIGERTAIL VEGETATION: Previously discussed. D. 951 BOAT RAMP PARKING: Still investigating additional property there. E. POOLS: Staff hasn' t been informed that it's been cut 20 F. VANDERBILT BEACH ACCESSES & PARKING: Mr. Smith commented that he would like to speak with Mr. Kobza further about the landscaping at Vanderbilt Beach Access. He has a few ideas. G. COMMUNITY CENTERS: Previously Addressed. They will probably all be opening in November sometime. H. FRANK E. MACKLE JR. PARK BUILDING EXPANSION: Still on-going. The punch list is being done. One inspection had 30 some items, the next list had 20, the next list they'll have 10, and hopefully we can get them all corrected this time. Mr. Smith said that the Contractor performed very poorly on the initial punch list. Mr. Gil Mueller agreed. Mr. Bill Flynn, is well aware of it. I. CONKLIN POINT BOAT RAMP: This item pulled from the BCC Agenda by the County Managers office, so design approval was not received. Negotiations with Westinghouse are continuing. J. LISTING OF DONATED PROPERTY: Nothing yet. It's not a top priority for the Real Property Department. Murdo Smith will write another memo, and Mr. Gil Mueller requested to add to that memo that it was requested nine months ago. K. IMMOKALEE CHILD CARE CENTER: Staff doesn' t think that they'll be putting it in there. They almost passed their time, because there was some problems with zoning as far as Real Property was concerned. It was mentioned to us that there were no concerns with zoning, and then for some reason, some were brought up. Staff hasn' t heard from Mr. Lawson in quite some time. Ms. Cherryle Thomas commented that they went in connection with another group, now Stepping Stones will get Federal Government Money. L. CLAM PASS PARK: Previously discussed. VIII. NEW BUSINESS: None. VI. ADJOURNMENT: Mr. William Clendenon motioned to adjourn the meeting at 5:45 p.m. Ms. Cherryle Thomas seconded, and the motion passed with a 5-0 vote. MS:rtd:003825 24-Oct-1991 Thu 17:16 21 t ` I N T E R O F F I C E M E M O R A N D U M i Date: 15-Oct-1991 10: 10am GMT From: Barbara Johnson JOHNSON B Dept: Parks & Recreation Tel No: 353-0404 TO: Ramona Daugs ( DAUGS ) Subject: PARAB MINUTES MINUTES PARKS AND RECREATION ADVISORY BOARD Golden Gate Community Park, Administrative Office NAPLES, FLORIDA SEPTEMBR 25, 1990 PRESENT: Mr. Kim Kobza, Chairman Mr. Gil Mueller, Vice Chairman Ms. Cherryle Thomas (Arrived at 2:30 p.m. ) Ms. Geneva Till Mr. William Clendenon ALSO PRESENT: Mr. Murdo Smith, Acting Department Director Ms. Mary Ellen Donner, Recreation Superintendent Mr. Gary Franco, Parks Superintendent I. Call to Order: The meeting was called to order at 2:05 p.m. II. Pledge of Allegiance to the Flag: III. Approval of Minutes: Mr. Gil Mueller asked if the $30.00 facility usage fee was the same amount for both indoor and outdoor facility usage. Ms. Mary Ellen Donner replied that it is. Approval of the August 28, 1991 Minutes as presented. Motioned by Mr. William Clendenon, seconded by Ms. Geneva Till , passed 4-0. IV. Request For Discussion: Chairman Kobza requested that PARAB put Productivity Report Discussion Scheduling and Vanderbilt Beach Turnaround on the agenda for discussion. Mr. William Clendenon requested that PARAB add the subject of Tigertail Beach Clean-up to the agenda. Mr. Gil Mueller requested to discuss Budget issues. V. New Business/Presentations: dr REGISTRY PRESENTATION 1 A letter was received from Attorney McMackin, representing the Registry Hotel Resort, requesting to present their request for providing banquet services after park hours to PARAB. Mr. Kobza has received 5 letters (provided for record) in support of the Registry's request. Mr. McMackin: The Registry Resort's ownership is comprised of 426 condo owners, each owning a room or rooms. Mr. Popper is the General Manager, and we are going to present a proposal that we believe will be beneficial to both the community and the hotel . Mr. Kobza: What we have is a building that is owned by many owners and they enter into a management contract to run the hotel . The owners purchase a room instead of stock, and it is a non-residential condo managed by the Registry Resort. Mr. McMackin represents the hotel owners and Mr. Popper represents the Registry Hotel Corporation. Mr. Popper: I would like to share some thoughts with you; I have been in Naples 2 1/2 years, live in Pelican Bay, and enjoy the area. The hotel has operated the beach concession since 1988 and the present contract expires March 31, 1993. (Picture shown of Clam Pass Beach area) . Obligations of Registry: Hire the tram operators - have 6 - and pay one half of their salaries. 200,014 people visited the beach last year, 62% were local residents and the remaining were Registry guests. We take care of the cleanliness of the area where snacks are served, and the restrooms. Two people work there from sunrise to sunset. They handle all the equipment rentals - boats, canoes - maintain the park grounds and parking area and treat it as if it were part of the Registry. This is of benefit to the County as we pay 20% of the gross revenue to the County - $47,241 last year. We provide an emergency communication link from the beach to the Resort if there is a problem. We stand responsible for what is used there. A study of 650 beaches in the US showed Clam Pass as number 11 - this study included beaches in Hawaii and in Florida, and was based on the water, temperature, and cleanliness. In the 3/15/88 Agreement between the AUO and the County, $75,000 was escrowed for development of utilities to Clam Pass Beach - water, electricity and telephone. The County put up a like amount of money, the AUO put up another $75,000 for expansion of the beach facilities. The $150,000 in escrow held by the County is now worth approximately $200,000. The status of the utilities - hopefully work will start in November. The utilities will run along the beach through an easement from Naples Cay and by February or March next year, we will have utilities out there. The other half of the arrangement is to enlarge the facilities. (Showed concept) We wish to build a deck, storage area, convert the existing storage area into a kitchen, enlarge the restrooms and we will have utilities hooked up to that and will provide lunches. (Showed a sample menu without prices as the prices need to be negotiated with the County. ) This will enlarge the seating area - Easter sunrise services are now held on the beach, weddings and local functions could take place and the Resort could hold banquets. Basically the hotel is a land locked hotel with no golf facilities or beach facilities of their own. Through a concession agreement we have been able to use the beach, but the hotel has lost approximately $117,000 due to the inability to hold banquets, etc.on the beach front. We cannot compete with the Ritz, Naples Beach Club, or Marco area hotels that have these beachside facilities. We 2 have lost probably 3 to 5 million dollars due to this fact. People pay $70 to 80,000 for a 4 or 5 day event, $60 to 80,000 for a banquet. We are able to provide employment for 750 in staff, 40% are entry level positions. These people would be out of work if this work was not available. By being in a non-competitive position we have lost, but the County has also lost revenue over a period of years, by not being able to do something on the beach. We are looking for (1) approval and endorsement for a 10 year extension of our concession agreement, through the year 2005, for which we have offered to pay $100,000 to the County. It is our life line, we can plan ahead - bookings are made 5-7 years ahead. (2) Expand the deck to seat 200 people and we would have the ability to serve food out there. (3) We ask for permission on an event by event basis to serve alcohol in conjunction with food. We would be judged on how well we had done the last time. We would get permission for one event only at a time. We would be prepared to have security out there and make certain that things were clean, and treat it the same way as if the event were being held in the hotel , and the County would receive 20% of gross revenue. We are looking for a ten year extension, to enlarge the deck and facilities, and for permission on a case by case event to serve alcohol on the deck. The Registry had a rocky start with the public. Since I have been here I have tried to become part of the community, work with the community, and have a good relationship with the neighbors. We want to be good neighbors. I feel if we were able to do what we would like to do it would be a great source of enjoyment for anyone using Clam Pass Beach - we have overflow parking at the Registry, would be able to serve lunch, would be able to have community events, and would be able to compete with other hotels. It is important from a financial point of view, we have 750 employees, and in my opinion it is a win, win situation. The County would get a percentage, we would build and the County would own it, we would maintain it. We are asking for endorsement. Discussion: Mrs. Till : If given permission for alcohol use to one area, does that affect all other areas in the County? Will it open it up for all other areas? Mr. Popper: Right now in Golden Gate there is a entity which can serve the community on a case by case basis. No other area in a County park has this type of facility. We could offer security and control that area. There are a number of cases where this type of arrangement has taken place - it is not unique in origin. Squaw Peak, Grand Canyon National Lodge, and other properties in California and Hawaii that have similar arrangements with hotels were able to use County facilities for this. Based on this, and an exception in Golden Gate, and I would be held responsible. Mrs. Till : How many times? Mr. Popper: I could see it mostly in season or during convention season. Once or twice a week after that. Mrs. Till : What is 20% revenue - it includes what? Mr. Popper: Anything I sell out there - food, suntan oil , rentals, etc. 3 Mr. Kobza: I anticipated legal questions would be asked and asked the County Attorney's office to have a representative here. Mr. Cronin is present to answer any questions we may have. Would there be a legal reason why we could or could not allow a concession of this kind at Clam Pass as related to other parks. Are we legally locked in to allowing other applicants at other parks. Mr. Cronin: You may amend the Ordinance to allow that activity to take place at this location. There would be no precedent setting in other parks or allowing it on a wide spread basis. Mr. Kobza: This platform will be used for a day to day and special events. Mr. Popper: Banquets are usually 7-9 pm and would not interfere with normal beach activities. It would be a separate operation. Mr. Kobza: Some occasions you mentioned may not start after closing, wedding receptions, community functions, these people would not be permitted to close the park down? Mr. Popper: No, nothing to impair visitors from using Clam Pass Park. It would be strictly an extra event to be held by the hotel when the park is closed. The Registry would be the caterer for all events. Mr. Kobza: The 10 year extension, why? Mr. Popper: We book business in advance, and have repeat business. It is important to us. We would feel better knowing we have the Agreement for ten years. We are in an unenviable position and have nothing to bargain with. We have done a good job, but the County has all the cards. I am standing here and say whatever you want, in reason, we will do it. We are looking for advice from you. The Board of County Commissioners will be looking for your recommendations. If ten years is too long, let us discuss it. I want to be reasonable and want you to understand my point of view. I need to plan ahead. Mrs. Thomas: Are the same arrangements in existence in Florida? Mr. Popper: I do not know - it is existing here in our Golden Gate area. Mr. Mueller: Is your intention to take down the existing structure and build a new one? Mr. Popper: All we are taking about is the addition of the deck, converting this building to a kitchen, storage building and expansion of the men and ladies restrooms. Mr. Mueller: Who is going to pay? Mr. McMackin: The owners of the hotel from the money in escrow - there really is no agreement as to what we would build - whatever would have the least impact on natural resources. We have $75,000 of that amount and it would be our responsibility to pay for it and it would then be County 4 property. Mr. Mueller: Mr. Cronin, my primary concern is that a precedent would be established for use of alcoholic beverages on County property. What if it materializes, went on for a year, and everything went well . Some organization on Marco Island said they wanted to use Frank Mackle and serve cocktails, or someone wanted something on the beach during spring break and serve cocktails. Would the County then be put in a safe legal position to turn it down? Mr. Cronin: Yes. The ordinance would have to be amended to be allowed in specific places. Mr. Mueller: It could be allowed in some places and not in other of similar types? Mr. Cronin: It would depend how the facilities were defined. Mr. Mueller: I am talking about serving alcohol at beach A and 5 miles down the road not serving alcoholic beverages at beach B. Mr. Cronin: In my opinion you can safely do that if you allow Golden Gate to do that now. I do not have that ordinance with me, but would be willing to get it for you. Mr. Mueller: One question, I was not aware that a facility in Golden Gate allowed alcohol . Mr. Murdo Smith: Golden Gate Community Center. Mrs. Till : Doesn't it belong to the citizens of Golden Gate? I pay taxes for it. Mr. Smith: It is owned by the County and falls under the Parks and Recreation jurisdiction. Mr. McMackin: I have a copy of the ordinance if you want it Gil . Mr. Mueller: I have seen the result of alcohol being used at Tigertail Beach. Over a period of ten years there have been probably 4 occasions and it is not something I want to see again. Fights, arrests, I would not like to see it at Tigertail or establish a precedent which would allow it. Mr. Cronin: I would recommend there be some sort of indemnification language in this extension which would put Mr. Popper at risk as far as booking these events on a long range basis and then not having them available. Should there be some violation, as it is on an event to event basis, that is a lot of responsibility. Mr. Popper: I would probably attend most of these functions. If for some reason it does not go well I would lose. We have too much at stake not to make it work. I would personally assure you it would be handled properly. 5 Mr. Kobza: This is a very unique situation. I have questions related to the mechanics of how it would work; economic and philosophical questions. How does this fit in with our park philosophy. It is a different type of facility than Golden Gate Community Center. Golden Gate Community Center has a very controlled environment - people in one room segregated from other people. How would you separate a group going to use the board walk and on the beach? There is 3, 100 linear feet of board walk - 1/2 mile. It is definitely related to liability concern of the County - people in a removed location that have to travel 3,100 feet and that is a little different if they have indulged too much. How are you going to address the mechanics of that issue. It is different than a building or other type of facility in that respect. Mr. Popper: We would have to provide additional trams to bring these people to and from the beach. For special events the Hotel would pay for drivers and service. If you look at the plan, you will see specifically it was arranged so that people could not crash the party. This is about 10 feet off the ground, and could not be just walked onto. We have security already planned at this point and we would be able to control it so only members of the function will be there. We will bring them out and we will bring them back. It is a better control then if they get right into their car. There will be a waiting period and they can be observed. If they had too much to drink they could be held and taken back to the hotel . Security is definitely in the picture and we would control entrance to that deck which is ten feet off the ground. Mr. Kobza: You would provide trams - how many and what times? Mr. Popper: It would depend on the number of people. It takes 4-5 minutes to get out there and the trams would go back and forth until we get everybody back. It is a nice walk. Mr. Kobza: I am concerned about that. During regular beach hours would you have a conflict - say public would utilize the facility for lunch - you would not serve alcohol then. Mr. Popper: No alcohol at lunch. The only time it would be served would be on a case by case basis and the County would have control of it. Mr. Kobza: Would you buy extra trams if necessary? You are talking about several hundred people at a function. Would it be a matter of limiting the number of people? Is that something you are open to? Security, how much security? Would you be paying a guard to man the boardwalk with people utilizing both ends - a man patrolling at each, a man on the beach, 3 or 4 people per event? Mr. Popper: My responsibility would be to provide adequate security. I would have to rely on my personal knowledge, or if you feel you want to stipulate the number. Mr. Kobza: We could agree on the number of people involved and how they are deployed. Mr. Popper: On functions in the hotel , they are supervised by members of 6 management, members of security, also catering banquet people and we would make sure this worked. Mr. Kobza: I would want to know you have security also within the event from the standpoint that no one from within the hotel comes that does not belong there. I have a question related to liability concerns. I have this fear that we have alcohol served at a public facility, someone has an accident, fall , etc. , somebody drinks and gets in an accident, what is our potential as liability as a County if anything happens. Does the fact that we own and lease this property - liability of owner and/or Registry provide liability for us? Mr. Cronin: We would look for strong indemnification language. Risk Management addresses those issues to relinquish County from those liabilities, especially from events outside of County operational facility where alcohol is served. Mr. Kobza: Would these insurance policies include provision of coinsurance and duties of defense so that the Registry and/or owners were responsible for providing our cost of defense in the event we were getting sued? Mr. Cronin: I know certain language is in all County contracts. I am not sure if defense language is in, but it could be specifically addressed in the uniqueness of this situation. That may be a good addition to our standard binder. Mr. McMackin: The existing facility agreement by which the Registry operates - we would be willing to extend that in any way Mr. Cronin felt applies to this particular facility. It is important to note that you have in here two large entities who are willing and able to idemnify this. Our hotel is debt free, no mortgage, no liens, it is owned outright. The Registry Hotel , the National Corporation, and these folks are answerable. Mr. Kobza: Would you be willing to bond off that responsibility? Mr. McMackin: Yes, sir. Mr. Kobza: A cash bond or some type of bond we could draw upon? This Agreement will last ten years, and I would want to know that we could go against the bond or some liquid form of asset without having to litigate that. It has to be a zero liability and a zero cost basis to the County. Mr. McMackin: That is also what we want and are willing to post bond. We have already posted almost $200,000 against our obligation to construct these buildings and extend the utility lines. Mr. Kobza: $75,000 in escrow - could you describe the original intent of that escrow - I understand it was an agreement between the County, part of the 1988 Agreement. Mr. McMackin: It provides for construction of what is called the third pod - there are two $75,000 funds (1) in escrow for utilities (2) to report on all estimated cost of building of third pod of beach 7 facilities. Mr. Kobza: It is now $200,000. Answer: $196,000 in escrow. Mr. Kobza: Now taking that money, roughly $200,000, is that all set aside for construction of the third pod, or is $75,000 for utilities? Answer: $75,000 for utilities, $75,000 for third pod. Mr. Kobza: Plus interest, so if this does not happen $75,000 will still be spent to construct a third pod and just look different than your proposal? How many square feet would be added? Answer: Have no architectual drawings at this time. Mr. Kobza: Have you investigated permitting at all? Answer: We understand permitting is necessary and is our responsibility. It has to be done to build anything on the beach. We determined this kind of structure is least environmentally offensive because all we are doing is extending the deck 3,000 square feet. Question: What are the dimensions of that expansion? Answer: Would be approximately 150 x 150. Mr. McMackin: It would take care of 200 to 250 people - requires a certain amount of room to move around. Those are rough figures, looking to accommodate 250 people. Question: If you are going to have banquets, would you prepare everything down there? Answer: No, we would have storage facilities and that would handle mostly barbecued steak, chicken, etc. - basically steak, all could be prepared out there. It would be simple but elegant. Mr. Kobza: The total cost of construction on what is proposed? Answer: Do not have actual figures but would be approximately $300,000. We would take the $75,000 and put $225,000 to it. When utilities are extended we must pay the contractor, then when the County is satisfied, the County will reimburse us from our funds. Mr. Kobza: Any additional utilities necessary because of this addition? Answer: No, utilities were designed for a much larger facility than we are proposing. Mr. Kobza: Would you be open to a clause - you are here making representations, we are relying on your reputation, good faith, etc. Assuming that we were to provide the latitude to go in this direction and 8 accept with limitations some of the things you are asking us to do - would you be willing to agree to a right of non assignment? In other words a clause which prevented assignment. We are betting on you, if the hotel sells or somebody else comes into the picture we ought to be able to say that was theirs and not yours. Maybe Mr. Cronin has some comments on that type of thing. Mr. Cronin: It would be a matter of negotiation. Mr. Kobza: We need some comfort level here that so we have additional power of review. Mr. McMackin: Speaking for the owners we certainly have no objection at all . We do not intend to sell the hotel and we don't intend to assign this to anyone other than ourselves. Mr. Kobza: Would you be open to the limitation on the number of events per week? You said probably not more than two per season. I am looking for some confirmation of that. Mr. Popper: The difficulty I have is that I don't know. To be honest with you, I just don't know. You obviously have the right to say no. I cannot tell you right now and I don't know how I could accommodate you. You have the latitude to say no to me anytime. Mr. Kobza: Let me tell you one of the things I am thinking about. When you are in off season, it is daylight savings time, the park closes late - 8 o'clock. Mr. Smith: The parking lot is closed by the Registry during the summer months because it is later. During the winter months we close it at 6 o'clock. Mr. Kobza: I am trying to dovetail our policies with what they are requesting so in terms of their special events. . . Mr. Popper: It would be after the park closed that the event would be held. During the summer it would probably be nine o'clock. Chances are we would probably come to you more during the winter months - convention periods. We do not have the same requirements and needs in the summer months that we do in the winter months. Most of our business in the summer are State associations, people coming over for the weekend from the East Coast. We do not have that same type of groups that require outside events as we do in the winter. Mr. Kobza: When would you schedule special events in relation to the park hours? Are all special events after park hours? Answer: I am proposing that we would identify those hours for you. We would say the function is going to be between 7 and 9:30 or whatever it is and you would have the right to say you can't do it then but you could later or earlier. Mr. Kobza: Let's say there is a wedding in the afternoon so under your 9 proposal would you be able to have that if the park was still open? Answer: A small wedding, I would say yes, 75 people or so. Again, it is the demand and whatever you feel appropriate. Comment: Small group and you wanted a luncheon out there I don't see where you would need the County's permission. Answer: The only time we would look for County approval is in the evening when we would serve liquor. Comment: Could I, the public, hire the hall for a function through you. Answer: Certainly. Now if you want to invite 200 or 250 of your best friends and wanted lunch - I would be happy to. Mr. Kobza: Would you charge what would be a hall charge - it is the County's facility. Would be giving you a lease? Comment: It is a Concession Agreement. Mr. Kobza: Do you charge for using that facility. You have a convention, you say it will be X number of dollars for use of the facility, so much per waitperson, etc. Mr. Popper: What we do we have set dinner prices, set reception prices, set drink prices, set bar tender charges, we do not charge for the space as long as you have people for your function. We would not charge a lesser amount to a County function as opposed to a hotel function. We pay 20% of revenue to the County. I am sure you all understand business. We have set prices, within those prices there are many organizations that we give a break to. A lot of civic groups that meet at the hotel because of the fact that we are a local entity. But basically I think we should have one set of prices - it gets confusing when you start charging one price for hotel guests and another for County residents. Mr. Kobza: Is any of that air conditioned? Answer: Open Mrs Till : Mr. Cronin, would that just be for one year, nine years, or what? I do not want to make a decision for twenty years from now. Mr. Cronin: As I understand it it would take effect at the end of the current Concession Agreement which is 1995 if all options are realized. The ten year extension that Mr. Popper is proposing runs from 1995 to 2005. Mr. Smith: We have a Concession Agreement right now with the hotel until 1993. There is a two year option renewal after that, it could or could not be renewed. If both parties agree upon it it will go until 1995. Actually they have a contract only really up until 1993. Mr. Mueller: Who is Mr. Oakes? 10 Answer: He is Executive Vice President of the Chamber of Commerce. Mr. Mueller: He wrote me, I imagine all of us, a letter and his name was unfamiliar to me. Mr. Clendenon: What does this facility cost? The tramway, boardwalk, utilities, etc. Answer: The County owns the boardwalk and I believe we paid for it. Almost $800,000. Hotel built and paid for the parking lot, gatehouse, and everything at that end. Mr. Kobza: Would the staff have any input here, or the County Manager? Mr. Cronin: No, the County Manager is waiting for PARAB's recommendation. Public Discussion: Mr. Gaetano Allegretta, 1643 Johnnycake Drive: Recommend approval . Events at beach would help guests enjoy their stay and also increase revenue for the County through concession fees and various taxes. Registry Resort is very community minded and not looking for everything just for themselves. I am also a part time deputy for Collier County and know the Resort is very security minded. Extra deputies are employed at the hotel throughout the year when needed. We are talking about alcohol on the beach and when you go five miles down the road to a County beach you can drink anything you want as long as it is not in a glass bottle. I know that we have had more problems with people drinking alcohol on the County beaches than elsewhere. It would be an economic benefit to the hotel and also to the County. Ms. Jeana Dawson, 27893 San Wan Court - also an employee of the hotel . She feels this would be good for the hotel and their business. It would give the opportunity to earn the "five star" award which would be a credit to the community as well as the hotel . Public discussion closed at 3:40 pm. Mr. Kobza: Mr. Smith what is our policy of alcohol within our public beaches? Consumption of alcohol on Vanderbilt Beach, Barefoot Beach, etc. Mr. Smith: If it is a park facility, there is no alcohol allowed. If you are on the beach and drinking alcohol we cannot stop you. However, in our beach accesses and getting to the beach, we can stop you. Now Tigertail is basically a public park. We can stop people from carrying alcohol to the beach, Barefoot Beach, the same thing. Vanderbilt is a little different because that is an access. We can stop them in our parking lot, but once they get on the road we cannot stop them from going to the beach with alcohol . Clam Pass there is no drinking in the parking lot or down to the beach itself. Mr. Kobza: What is the pleasure of the Board. Lets poll the Board members and see if we can reach a consensus? 11 Mrs. Till : I feel this is well though out, and if the legal situations are straightened out, I will vote for it. Mr. Clendenon: I am in favor of it. My only concern is the change in the Ordinance that our attorney mentioned and have him review our recommendation before it goes to the BCC. Ms. Thomas: This is very good because Florida is a tourist state. I am for it. Mr. Mueller: We spend a considerable amount of time drawing up an ordinance, parts of which dealt with the use of alcoholic beverages on the beach. I think the Commissioners adopted it almost verbatim. It seems to me we are nulliying it and going against it to some extent. I am not saying that I am absolutely dead set against it but that is an issue that is bothering me. If someone can clarify that for me and show me where I am wrong, I would most welcome them to do so. The second situation I think we are establishing a very, very dangerous precedent. I mentioned my experiences as far as Tigertail Beach was concerned. I find it difficult to believe that we can allow this is some parts of the County facilities, but to deny it in others. I question that very strongly. We have meeting rooms at FMCP, why can't they drink there. I am not against drinking, but when it is done in excess, there will be problems. There will be 3,100 feet of 8 ft wide boardwalk and I can just envision the results of people traversing that boardwalk. Another thing, what would keep other condos, hotels, etc. from doing this same thinkg along the entire stretch of beach for petitioning for the same thing? Can you imagine what we would have in Collier County if ultimately we have alcohol being served up and down our beaches? We would be much worse than Ft. Lauderdale ever became. The liability factor is enormous. The Parks and Recreation Department does not need a problem like that. I personally would not vote for it. Mr. Clendenon: I hear you loud and clear but Mr. Popper said this is all on a case by case basis and we have the option to turn him down at any time. Mr. Mueller: I appreciate you pointing that out to me. Mr. Popper is a very persuasive man. He is a tremendous salesman and I envy him. If there were a bad experience, do you think the County would have the fortitude to turn them down? I doubt it very much. Mr. Clendenon: Wouldn't it be normal for these special events to come to this Board first? Answer: It would go to the County Manager or his designee which would possibly be the Public Services Administrator. Mr. Mueller: Do you think that after they invested $2 or 3 hundred thousand dollars in a facility, and there were a problem, the County Manager or whomever would say no you cannot do it any more? Ms. Till : There are two ways of looking at this. Ultimately we are skeptical about some of this. 12 Mr. Mueller: The Park and Recreation facilities, whatever it be, somehow those places owned by the taxpayers should be places where we do not have to consume alcohol beverages. It is such a beautiful place, Clam Pass, that it just seems too bad that this too has to be a place where we have to consume alcoholic beverages. They will turn this into a zoo, mark my words. I know how people conduct themselves at the hotels on Marco when going overboard on drinking and the same thing will happen. The Registry is a reputable place but it can happen anywhere; but why allow it to happen? Public Hearing is closed and we are going to resolve this among the Board. Mr. Kobza: This is probably one of the most difficult decisions I have faced on this Board. It is a fairly sophisticated undertaking and one not without its risks. I think that when we have an opportunity and can do so in a fashion that is safe to the County that can provide services to the County within our parks, we should try to do that. And also as it relates to local businesses, we do have an economic interest here in employing people, and keeping people employed, and we are very much a tourist dominated economy. I think we need to recognize that. On the other hand, knowing this property very well , and it's a beautiful area, and I enjoy it a lot. Anything that would endanger the enjoyability of that area by the public I am very sensitive to; including the fact that we would mix the general public at large with the consumption of alcohol at that facility. I have a lot of trepidation about that particular issue, and am somewhat on the same page as Gil on that issue. However, I think I have a suggestion for the Board - I am also concerned about the other issues that were the subject of my questions. What I would be in favor of would be a proposal that would allow the project to go forward. I think the economic issues are fairly detailed any may be beyond what we can resolve ourselves. We have a major expenditure of funds, and we have to rely upon the County Manager to make sure the County is protected and that we would get our share in the operations is what I am basically trying to say. I would be in support of the project subject to stipulations that there be a whole payment of all costs associated with construction permitting, security, and I would be absolutely definite, I would not want to see "adequate security" in the agreement. I would say a certain number of guards per a certain number of people. That all transportation issues were resolved, and again I would not say "adequate transportation", I would say a certain number of trams available independent of what the public tram system might be, and a coordination of that. I might include a probationary period, I would definitely include a no assignment provision or limited rights to assignment because we are dealing with these people and not with somebody else at this point. I would want adequate bonding for the County in terms of liability because it's important that we not just have a right to law suit. I want to know that if something happens we have cash or something to draw against and then we will litigate it. In addition, I think the alcohol is the hardest issue. I would support, with those stipulations. As related to alcohol I think initially what I would approach is this, I would not allow the service of alcohol during park hours when the public is using the park. I would not allow the intermix of hotel and public use of alcohol during park hours. After that, I would do it on a case by case basis, and try to put definition as to what counts a default in the Agreement. It is not 13 merely that there could be a accident, but if people are excessive and rowdy, or if there is any adverse consequence, I want to know that it is monitored and that we have the right to cut that program off tomorrow. That would provide a lot of incentive for the Registry and Owners to make sure they are policing that program. I would also want to make sure that the security doesn't allow people from outside the special events into it - sometimes people come in by boat, or they walk the beach, although Clam Pass is rather removed at both ends. I do not want to mix those things. I think people of the County are going to be very sensitive about the alcohol issue. I can support the program but want some very severe limitations on the alcohol . Mr. Clendenon: I see these special events, which are distinctively separate from the operation of the park, but during these special events the operation is an extension of the Registry. It is their operation, they are responsible, they provide security and transportation - you would almost have to say I want one guard for every ten people. Put definite numbers on. Mr. Kobza: That is what I am saying exactly. It is not enough to say adequate. Mr. Clendenon: You mentioned the separation of the public transportation as opposed to the special event. Those two occasions will never occur at the same time. Mr. Kobza: Well , a wedding in the afternoon, 300 people and guests come in and use the boardwalk. They have to use the trams, what about the public that is sitting there? You have to have the ability to get them both to the beach. I am trying to think this through and I want to know that a provision is being made. Basically, what this would mean - an afternoon wedding, no alcohol , the beach is open. The beach is open, no alcohol . The beach is closed, on a limited basis, given a lot of conditions, a lot of security, and review and approval by the County - and I might even ask them to pay for having a County representative available, like a Park Ranger, to make sure they are in compliance. Mr. Mueller: I still think we would be making a terrible mistake to begin to allow a potential explosive exception to our ordinances as far as the consumption of alcoholic beverages on public property is concerned. That could open up a Pandora's box of problems that would be almost unimaginable. I really see very little that the taxpayers could gain from this. There are other ways of gaining revenue, much simpler, better, and less dangerous than to think this is going to benefit the County financially to any appreciable degree. It will not at all compensate for the potential problems that are going to result in granting this exception. Mr. Mueller: Would someone like to take a stab at making a motion? Ms. Till : I think he is asking for a 10 year extension, extend deck to seat 200 people, approx. 3,000 sq. ft. , ask permission on an event to event basis to be able to serve alcohol beverages on the deck. Think that it is. 14 Mr. Kobza: In off park hours. Ms Till : After park hours. Mr. Kobza: Is that a motion? Ms. Till : Yes, I will make that in the form of a motion. Mr. Kobza: OK. I am going to ask you to include my stipulations. Ms. Till : Yes. I want to include that stipulation. No alcoholic beverages during park hours, when the parks are open. Mr. Kobza: How about the other stipulations? Ms. Till : Oh, Mr. Kobza: Well , not that you have to memorize them - specific security, specific transportation provisions, no assignment clauses, full payment of all costs associated with construction, and permitting, it is the responsibility of the condo association and the Registry, bonding to the County. Specific provision on security - in other words an officer per designated number of people, specific provision on transportation - in other words how that relates to the existing tram system up there. No assignment clause and I think that we agreed a provision that no alcohol be served during park hours, the bonding, that there be a cap line posted in favor of the County for the purposes of indemnification and hold harmless for any potential liability including the cost of defense that arises out of the operation of the facility. When I say facility I mean the expanded facility. Did I leave anything out? So anyway those are the stipulations that I came up with, so if your motion for approval with the 10 year extension, subject to the stipulations? OK so that is the recommendation to the County Manager's office and the County Board. Ms. Till : Say, Yes? Mr. Kobza: Is that your recommendation? Ms. Till : Yes. Mr. Kobza: The motion is recommendation to the County Manager's office and the County Board of a 10 year extension of the concession agreement subject to the listed stipulations. Mr. Clendenon: May I suggest we add one additional stipulation is that the Ordinance be changed accordingly? Mr. Kobza: It is your motion Mrs. Till . Is that acceptable to you? Mrs. Till : All right. Mr. Kobza: OK and that the ordinance regulating the service of alcohol at County facilities be amended accordingly. Mr. Clendenon: Seconded the Motion. Mr. Kobza: OK we have a motion and a second on the floor. Any further discussion on the motion and subject? That motion passes with 4/1 - negative vote by Mr. Mueller. Mr. Mueller: when will this be presented to BCC? P, Mr. Smith: When the Registry and AUO decide they are ready. 15 9 5 minute recess B. Boat Launch Golden Gate Canal Update: Mr. Murdo Smith: I will give you an update of what our Department is doing and locations that we have looked at. It would come back to you people again for your review before any decisions were made. Then Tom Burgess, representing Southern Bass Anglers as well as 4 or 5 other Bass Clubs here in Collier County, will speak. This group has requested a boat launch in the Golden Gate Canal . (A map showing locations was shown) There is a report from the Real Property Department in your packet showing the survey completed by them. In the Growth Management Plan it addressed a fresh water boat lane or ramp in the Golden Gate area. We looked at different areas where South Florida Water Management currently has existing boat ramps they use to test the waters, etc. in the canals. These are boat ramps that are basically limerock, stone, or gravel and are not maintained all that well . The Bass Club has requested that we look into the possibility of getting some type of launch for them. Staff looked at a possible location off 58th Street SW, which is just off the Parkway. There are two launch areas by the bridge on Golden Gate Parkway, one on the north and one on the south side. There is another area along a frontage road on the east side of 951 . There is no current boat launch area there, but the area is quite secluded with no homes nearby, it is vacant, and the property may be relatively inexpensive to purchase. Real Property is checking on this. We will probably favor the frontage road along the east side of 951, which is near 39th Street. These will be strictly fresh water ramps, the canal goes into Lake Sapphire. The Growth Management Plan has estimated $200,000 per lane per boat launch facility which would include parking, restroom facilities, fish cleaning tables, lights, etc. There are approximately 200 or 300 members in the various fishing clubs. Staff will return at another PARAB meeting to advise Staff's recommendation and approval to go before the BCC. C. Amendment to Food & Beverage Contract, Tigertail Beach Cool Concessions has requested a reduction in their remittance to the County because of conditions at Tigertail Beach. Mr. Smith has drafted an Amendment to the Food and Beverage Concession Agreement and submitted it to the County Attorney's office for review. Staff has met with the Concessionaire and negotiated a reduction agreeable to Staff and to the Concessionaire. The Amendment states the Concessionaire will pay 15.5% gross or $650/month whichever is greater. Their last percentage was approximately 22% or $900/month. Mr. Tod Herbst, representing Cool Concessions, Inc. , was present to answer questions. Staff's recommendation is that we approve this Amendment, providing the County Attorney approves it also. A discussion was held regarding whose responsibilty it was to clean the restrooms. Since the inception of Concessionaire Agreements in 1982, it has been the responsibility of the Concessionaire. 16 MOTION by Mr. Gil Mueller: WE accept the recommendation of Staff and the request of the Concessionaire for a modification of the Concession Agreement. Seconded by Ms. Geneva Till , motion passed 5-0 vote. D. UPDATE ON MANAGEMENT PLAN: Mr. Jeff Moore, Coastal Engineering, made a presentation of the Lely Barefoot Beach Preserve Management Plan. He would like PARAB to set some schedules for a workshop, and has a 10 page outline of what process/steps to take. The Land Management Plan is a vehicle that defines how the park is used. Staff will have to go through this process every 5 years throughout the life of our lease with the State. All of the vegetation and different habitats have been identified. This is a good habitat for gopher tortoises and a great deal of bird life. Six to twelve endangered species of plants have been identified and an overlay of different types of jurisdictional areas done on maps. The Coastal Control Line, as well as an existing road, goes behind the dune itself. Brazilian Pepper and Australian Pine are a big nuisance at the park. A photo was presented depicting the front of the dune, the dune itself, and in back of the dune. Coastal Engineering is the firm that did the County work for the bath house, etc. , and have been involved with the area for about two years. Mr. Smith commented that the Plan submitted to the State during talks for the Management Agreement was a very passive area. We have an agreement with the State to submit the Land Management Plan for approval . Barefoot Beach Preserve is the most pristine beach in Collier County. The entire goal of the Management Plan is to limit development there. The site itself is about 1 mile long, north to south. PARAB may wish to set standards and establish public contact the week of October 7, 1991 . The Draft needs to be submitted to the State by the end of October. A public meeting has been planned for October 16, 2:00 pm at the Golden Gate Community Park. Ms. Geneva Till requested a letter of reminder be sent to all PARAB members. E. NSA Contract: This is a new agreement for scorekeeper services, to be used for all our softball , basketball , and Co-ed leagues throughout the County. It will be a one year contract with an association to perform all those functions. There is a fee schedule per game. We have a similar agreement with umpires. Staff is convinced that this is the best route to go. It will probably save the County some time, because we won't be calling the Scorekeepers all the time. Staff recommends approval , so the subject can go before the BCC. This has been approved by the County Attorney. Mr. Gil Mueller motioned to approve the Naples Scorekeepers Association (NSA) Contract as presented, so Mr. Murdo Smith can go before the BCC with it. Ms. Cherryle Thomas seconded, and with no further discussion the motion passed unanimously with a 5-0 vote. F. School Bus Agreement: This is a School Bus Agreement that we've had for numerous years. This is an update with the School Board for busing our Summer Camp kids and After 17 School Program kids to different areas - the beach, bowling, and so forth. Mr. Gil Mueller commented that he thinks it's a good idea. Last year we had 3 or 4 a week, this year we cut it back to about two. Staff recommended approval so it can go before the BCC. Ms. Cherryle Thomas motioned to recommend to the BCC to approve the School Bussing Agreement as stated by Murdo Smith today. Mr. William Clendenon seconded, and with no further discussion, the motion passed with a 5-0 vote. IV. REQUESTS FOR DISCUSSION (continued) : Chairman Kobza commented that since the time for the meeting was running out, he wanted to economize on the time for the remaining issues. A. Productivity Report Discussion Scheduling: Chairman Kobza requested an item from the Productivity Report be on each PARAB Agenda to address one at a time. Mr. Murdo Smith will write a memorandum to the County Manager to ask the BCC what direction to take regarding beach issues - parking, fees, etc. Chairman Kobza commented that he would like clear direction from the BCC or from the County Manager's office by the next regular meeting, October 23, telling PARAB what they want done. PARAB does not want to do something that BCC has other plans for. Mr. William Clendenon asked for a copy of the Productivity Report. PARAB decided to put "User Fees" as they relate to beach parking on the Agenda for October 23, 1991, and hopefully we will have BCC direction by then. B. Vanderbilt Beach Turnaround: No discussion. C. Tigertail Beach Clean-up: Mr. William Clendenon asked staff if they were aware that they can use convicted prisoners from the county jail for this type of work. The Department is presently using these people on weekends to do the raking of the beach. Mr. Gary Franco clarified that they are not convicted felons, but Community Service workers. Mr. Clendenon commented that Judges assign people to so many weekends in jail ; they are convicted and they can be forced to work. All that staff has to do is get in touch with the Jail Administrator. People in the County Jail awaiting trial can not be worked. These people are basically laborers, and one cannot rely on them to provide any particular skills. These people do not wear jail uniforms but they wear mustard colored work clothes. D. Budget Issues: Mr. Murdo Smith updated PARAB. Basically the BCC approved the swimming pool , the multipurpose building, the football/soccer field lighting for Golden Gate, North Naples and Immokalee. We received approval for improvements at the gymnasium in Immokalee and Conklin Point Boat Ramp. In reference to the recommended cuts by the County Manager, the BCC did not agree with the cuts and left them in the Budget. The staff was also to be cut at the Community Centers and the Multipurpose Building, but the 18 BCC left that in the Budget. Basically, we did very well this year. The Department submitted a good operating budget, kept it under the percentage, and the BCC adopted it. We did loose a Park Ranger position. The designated safe swimming area for Tigertial is on-going with Coastal Engineering right now. New sod, plants, and sprinkler system will be installed at Tigertail Beach. The sign at the front entrance to Tigertail Beach will be dressed up. At Tommie Barfield, improvements to the softball facility have already been started. We're looking at possibly landscaping around the tennis courts where they put bicycles, to buffer that area from the road. The Frank E. Mackle Community Park dividing wall : At one of the Budget meetings Murdo brought up the subject of the dividing wall ; the County Manager and Commissioner Shanahan discussed the possibility of putting it in now as we still have a contract with the vendor and the time to do it. Bill Flynn from Compliance Services obtained a price to install the dividing wall ; however, he wanted to check with the architects to see if it's structurally sound. We still have a contract. The Community Center at Veteran's Park is estimated to be opened around the middle of November. Chairman Kobza requested that staff schedule PARAB's November meeting at the Veterans Park Community Center, if it's completed in time. VI. REPORTS/UPDATES: A. Bonita Beach Park: Mr. Murdo Smith mentioned that the bath house at Barefoot Beach is out for bid. Mr. Gil Mueller suggested that we'll probably have the bids on that at the next regular meeting. B. Recycling: No discussion. C. Tigertail Vegetation: Previously discussed. D. 951 Boat Ramp Parking: Still investigating additional property there. E. Pools: Staff hasn't been informed that it's been cut F. Vanderbilt Beach Accesses & Parking: Mr. Smith commented that he would like to speak with Mr. Kobza further about the landscaping at Vanderbilt Beach Access. He has a few ideas. G. Community Centers: Previously Addressed. They will probably all be opening in November sometime. 19 H. Frank E. Mackle Jr. Park Building Expansion: Still on-going. The punch list is being done. One inspection had 30 some items, the next list had 20, the next list they'll have 10, and hopefully we can get them all corrected this time. Mr. Smith said that the Contractor performed very poorly on the initial punch list. Mr. Gil Mueller agreed. Mr. Bill Flynn, is well aware of it. I. Conklin Point Boat Ramp: This item pulled from the BCC Agenda by the County Managers office, so design approval was not received. Negotiations with Westinghouse are continuing. J. Listing of Donated Property: Nothing yet. It's not a top priority for the Real Property Department. Murdo Smith will write another memo, and Mr. Gil Mueller requested to add to that memo that it was requested nine months ago. K. Immokalee Child Care Center: Staff doesn't think that they'll be putting it in there. They almost passed their time, because there was some problems with zoning as far as Real Property was concerned. It was mentioned to us that there were no concerns with zoning, and then for some reason, some were brought up. Staff hasn't heard from Mr. Lawson in quite some time. Ms. Cherryle Thomas commented that they went in connection with another group, now Stepping Stones will get Federal Government Money. L. Clam Pass Park: Previously discussed. VIII. NEW BUSINESS: None. VI. Adjournment: Mr. William Clendenon motioned to adjourn the meeting at 5:45 p.m. Ms. Cherryle Thomas seconded, and the motion passed with a 5-0 vote. 6183 20 MINUTES PARKS AND RECREATION ADVISORY � , Golden Gate Community Park, Administr A-6"� 4 NAPLES, FLORIDA SEPTEMBR 25, 1990 PRESENT: Mr. Kim Kobza, Chairman Mr. Gil Mueller, Vice Chairman Ms. Cherryle Thomas (Arrived at 2:30 p.m.) Ms. Geneva Till Mr. William Clendenon ALSO PRESENT: Mr. Murdo Smith, Acting Department Director Ms. Mary Ellen Donner, Recreation Superintendent Mr. Gary Franco, Parks Superintendent I. Call to Order: The meeting was called to order at 2:05 p.m. II. Pledge of Allegiance to the Flaq: III. Approval of Minutes: Mr. Gil Mueller asked if the $30.00 facility usage fee was the same amount for both indoor and outdoor facility usage. Ms. Mary Ellen Donner replied that it is. Approval of the August 28, 1991 Minutes as presented. Motioned by Mr. William Clendenon, seconded by Ms. Geneva Till , passed 4-0. IV. Request For Discussion: Chairman Kobza requested that PARAB put Productivity Report Discussion Scheduling and Vanderbilt Beach Turnaround on the agenda for discussion. Mr. William Clendenon requested that PARAB add the subject of Tigertail Beach Clean-up to the agenda. Mr. Gil Mueller requested to discuss Budget issues. V. New Business/Presentations: A. Registry Resort Hotel Presentation: Mr. F. Joseph Mc Mackin III, representing the owners of the Registry Resort Hotel turned the presentation over to Mr. Charles Popper, General Manager of the Registry Resort Hotel to express the owners views. This Hotel can be thought of as a non-residential Condominium form of ownership. Each individual room has a separate owner. This Hotel has been here for 2-1/2 years, and have operated the beach Concession since 1988. The present contract will expire in March of 1993. They pay half of all the tram drivers salaries. In the past year, 200,014 people went to Clam Pass beach, 62% of them local the remainder were guests of the hotel and tourists. As part of the Agreement they maintain, clean, handle equipment rental , and maintain the parking lot areas. The Registry pays the County 20% or last year $27,241 .00, of their profits. In a nationwide 1 study of 650 beaches, Clam Pass was #11 on the list of the best of quality beaches as far as clean sand, water, etc. The Hotel has $150,000 in escrow towards utilities. The AU0 put up $75,000 towards expansion. Hopefully the work will start in November of 1991. Naples Cay Utilities will run along the beach. The other half of the arrangement is enlarging utilities. The Hotel presented a drawing of their future plans consisting of an enlarged deck, expansion of the Men's and Lady's bathrooms, a storage area, and a Kitchen so they will be able to serve lunch. A possible menu was passed out for possible consideration. No prices were listed, because that would have to be negotiated with the County. They've held Easter Sunrise service on the beach, and have plans for local events, special functions and banquets with County approval . The Hotel doesn't have a beach or golf facility. They have lost approximately $117,00 of revenue just by not being able to operate those sorts of facilities. Because of this, they can not compete with the Beach Club, the Ritz Carlton, etc. They have lost $3-750,000. People spend $60 to $80 a night for banquets. If their plans are approved, the hotel could fill 47 entry level positions. They are looking for 3 things. (1) Approval by PARAB & the BCC to have a 10 year extension of the Construction Agreement for which that have offered to pay the County $150,000, enabling the Hotel to plan ahead 5-7 years ongoing. (2) Decking to seat 100 people and serve food there. (3) Permission on an event by event basis to serve alcohol . The Hotel would have security, clean-up crews, and the County would receive 20% of the gross revenue. The Registry Resort Hotel has had a rough start with the people of the community. They are very anxious to be a good neighbor. If this is approved it would be a great source of enjoyment for the people of the community and would be able to compete with other Hotels. This is a win win situation for both the County and the Registry Resort Hotel . (At this time the floor was opened for questions) Ms. Geneva Till : Will giving permission to the Registry influence other Parks and Recreation Facilities? Mr. Charles Popper replied that there are a number of cases in which this type of arrangement has taken place, to name a few the Grand Canyon Sqakee Lodge, in Hawaii , and the Golden Gate Community Center was also presented as an example. They will not have functions every night. During season the plan to have functions 1 to 2 time a week at the most. 20% of the gross revenue includes anything that is sold out there. Mr. Dennis Cronin, Asst. County Attorney, was present to answer any legal questions. The ordinance would have to be amended. Special events would be scheduled only when the park is closed to the general public. The park would not be closed for a Registry function. The Registry would be the caterers to all events, functions, etc. Most hotels book events, banquets, etc. 4 to 6 years ahead. They have nothing to bargain other then they are a first class hotel . The ten year extension will be at sticky point to the County Commission. Mr. Popper requested PARAB's views on the extension. Ms. Cherryle Thomas wanted to know if this is working in other area of Florida by a Hotel on the beach. The owners of the Hotel will pay for the expansion and then it will be the property of the County. PARAB was concerned with the president of establishing the use of alcoholic beverages on County property. Asst. County Attorney, Mr. Dennis Cronin, commented that PARAB is in a safe legal position. Mr. Gil Mueller requested a copy of the existing ordinance. Mr. Gil Mueller does not want to establish a precedent for allowing alcohol at other Collier facilities. Mr. Charles Popper would attend the functions because they have much at 2 stake to make it work. Chairman Kobza commented that this is a unique. situation and will put us in new waters. The mechanics of it is that this is a different type of facility than the Golden Gate Community Center's controlled environment. The boardwalk is 6/10 of a mile long. Mr. Popper would have to provide additional terms for these special events and the hotel would pay for the services of the terms. The deck will be 10 feet of the ground and party crashers would have a tough time. Mr. Popper suggested using trams to transport to and from the special functions, not allowing foot traffic. The trams will provide the Hotel with better control to spot drunks or problem people. The number of trams would be contingent on the number of people at each event. There would be no alcohol served at lunch time, only on a case by case basis. Mr. Charles Popper's responsibility would be to provide adequate security. Presumably and agreement could be made on the number of people involved, security, especially within the event, etc. Liability Concerns: Alcohol on a public facility, and accident, and or potential . A certificate of insurance would have to be provided and contracts would have to be signed to remove the county from liability. Defense language could be added to existing language within the agreement. Mr. Mc Mackin recited the language from an existing contract. The hotel is debt free, no leans, and these two large entities that would be willing to post a Cash Bond. Chairman Kobza would like a bond and a contract as previously stated. They have already posted $200,000 to extend the Utility lines. The Escrow Agreement provides $75,000.00 to Utilities plus $75,000 to Construction of the third pod. No architectural renderings yet, just drawings. The total amount of footage to be added is estimated to be about 3,000 square, the decking in the drawing depicts roughly a square. The Registry Resort Hotel is looking for a facility that would take care of 250 people. All of the food would be prepared right there. Total cost of construction is estimated to be $300,000. The Registry would be responsible for all permitting, construction, etc. Right of Reassignment: Mr. Dennis Cronin stated that if the County and the Registry is willing to provide it. They don't intend to sell the hotel and don't intend to resign it. The hours at Clam Pass are dawn (8:00 a.m.) until dusk (8:30 p.m.) in Summer, 8:00 a.m. until 6:00 p.m. in Winter. The Registry Resort Hotel would ask for approval on event by event basis, however more for Winter periods not as much in the Summer. All special events would be identified for the County and the County will have the right to set times, etc. Small Weddings could be provided for about 75 to 100 people. The only time County approval would be needed/requested, would be in the evenings for after the Park is closed. The County would have a new Concession agreement. The restaurant would have set prices for dinner, drinks, bartenders, etc. providing the County provides the space. It would be and open air type of facility. The 10 year extension would take effect from 1995-2005. Mr. Murdo Smith stated that presently the County has a contract with the Registry Resort Hotel up until 1993 and then there is a two year option which would take it to 1995. Mr. Edward J. Oats, Jr. , Executive Vice President, 3620 Tamiami Trail North, Naples, Florida, 33940 wrote PARAB a letter. Staff did not receive a copy of this letter for the records. Chairman Kobza commented that he received five letters, and several telephone calls on this matter. Mr. Murdo Smith stated that the County owns the boardwalk and it's cost was almost $800,000. Mr. Mc Mackin stated that the Registry paid for everything else at both ends of the boardwalk. Mr. Dennis Cronin stated that Ms. Martha Skinner, Acting 3 Public Services Administrator and Mr. Neil Dorrill , County Manager are waiting for PARAB's recommendation. (At this time the floor was opened for public discussion) Mr. Gaetano Allegretta, of 163 Johnnycake Drive recommends that PARAB approve the Registry's proposal/request otherwise the community would all loose. Mr. Allegretta also commented that the Registry is very community minded. The Registry provides ice sculptures, etc. that various members of the Community view. He is also a part time Deputy for the County and also works at the Registry and would have any security needed. He also stated that people can drink anything they want at the beach, as long as it is not in a glass bottle. As a private citizen, he would like to see the economic wealth. Ms. Jeana Dawson, of 17893 San Wan Court stated that she is also an employee of the hotel . She feels this is good for their employment and their business. (Public discussion was closed at 3:40 p.m.) If it is a park facility, no alcohol is allowed and people can be stopped from carrying it through County Parks, but the County can no stop them on the beach itself. Board Discussion: Ms. Geneva Till feels this has been all thought out, and is in favor with the legal constraints. Mr. William Clendenon is in favor with a change in the ordinance an have an Attorney review with the board before it goes to the BCC. Ms. Cherryle Thomas commented it is good for tourism and is for it. Mr. Gil Mueller was against it for the following reasons. (1) The Parks and Recreation Department spent a lot of time on the ordinance and it bothers him that we are in effect nullifying it. (2) He thinks it is establishing a dangerous precedent. He is not against drinking, but when done in excess, there will be problems. (3) He questions what would keep other Condos, Hotels, etc. from doing the same thing. (4) He questions the economic liabilities and would personally not vote for it. Mr. William Clendenon stated that this is all on a case by case basis it is not on a blank check and the Parks and Recreation would have the opportunity to turn it down. Requests would go to the County Manager or his designee. Ms. Geneva Till commented that the BCC should know there is two ways of looking at this. 3:50 p.m. Mr. Gil Mueller is afraid of the effects of allowing alcohol in the park. Chairman Kobza commented that this is probably one of the harder issues that he's faced during his term on the board. For a lot of reasons, he thinks its a fairly sophisticated undertaking, and it's not without it's risks. For that reason he view's it as being a fairly difficult issue. He thinks that when we have an opportunity and can do so in a fashion that is safe to the County in which services to the County within our parks, we should try to do that. Also, as it relates to local businesses, we do have an economic interest here in employing people, and keeping people employed, and we are very much a tourist dominated economy, and thinks we need to recognize that. On the other hand, knowing this property very well , and it's a beautiful area, and anything that would endanger the enjoyability of that area by the general public at large with the consumption of alcohol at that facility. Chairman Kobza also went on to comment that he has a lot of trepidation about that particular issue. So, what he would be in favor of, would be a proposal that would allow this project to go forward, but thinks that the economic issues are fairly detailed and may be beyond what we can resolve ourselves. We've got a major expenditure of funds, and we have to rely upon the County Manager to make sure the County is projected, that we would get our share in the operations. He'd be in support of the project, subject to stipulations that there be a whole payment of all costs associated with construction 4 permitting, security, and he wouldn't want to see in the agreement "adequate security" . He would say "a certain number per the number of people", that would be important, that all transportation issues were resolved, and he would say in the agreement "there be a certain number of trams available independent of what the public tram system might be, and a coordination of that". He might include in the agreement a probationary period, he would defiantly include a "no assignment" provision or limited rights to assignment because we're dealing with these people and not with somebody else at this point, he would want adequate bonding for the County in terms of liability because it's important that we not just have a right to a law suit he wants to know that if something happens that we've got something to draw against and then we'll litigate it. In addition to that, he thinks the hardest issue is the alcohol issue. So, he would support with those stipulations. As related to alcohol , he thinks what he at least initially would approach is not to allow the service of alcohol during park hours when the public is utilizing the park or whenever our parks are open he wouldn't allow the alcohol program whatsoever because he doesn't want to intermix the hotel and public use of alcohol at that time. After that, he would do on a case by case basis with approval required, and somehow he would try to put definition to what constitutes a default in the agreement. In other words, it's not merely that there be an accident, but if people are excessive and rowdy, or there's any adverse consequence, I want to know that's monitored and that we have the right to cut that program off tomorrow, or just like that. That would provide a lot of incentive for the Registry and the Owners to make sure that they're policing that program. I 'd also want to make sure that the security doesn't allow people from a special event basis from outside the special events into it. A lot of times people come in by boat, or they walk the beach and that kind of thing although Clam Pass is kind of removed at each end. Chairman Kobza thinks the people of this County are going to be real real sensitive about the alcohol issue, and he can support the program but wants very severe limitations on the alcohol . He would have them pay to have a County Representative on site to make sure they are in compliance. After Chairman Kobza voiced his opinion, Mr. Gil Mueller commented that he is still no in agreement for the consumption of alcohol on public property. Mr. Gil Mueller thinks that be would be making a terrible mistake to begin to allow a potentially explosive exception to our ordinances. As far as the consumption of alcoholic beverages on public property is concerned. That could open up a ponderous box of problems that would be almost unimaginable, and he could really see very little that the taxpayers could gain from this. He feels there are other ways of gaining revenue, much simpler, better, and less dangerous ways than to think that this is going to benefit the County financially to any appreciable degree. He doesn't think that what we're going to get for it, is at all going to compensate for the potential problems that are going to result in granting this exception. Ms. Geneva Till motioned to recommend to the Board of County Commissioners and the Manager's office to approve the 10 year extension of the Concession Agreement subject to the stipulations of: to increase the decking to approximately 3,000 square feet to seat 200 people, and permission on an event to event basis to be able to serve alcohol after park hours, and also to include Chairman Kobza's stipulations (specific provisions on security, specific provisions on transportation, no-assignment clauses, full payment of all costs associated with construction and permitting, that it' s the responsibility 5 of the Condo Association and the Registry, that there be a cash bond posted in favor of the County for purposes of indemnification and hold-harmless for any potential liability including the cost of defense that arises out of the operation of the expanded facility, and a provision that no alcohol be served during park hours, and that the ordinance regulating the service of alcohol at County facilities be amended accordingly) . Mr. William Clendenon seconded, and the motion passed with 4 affirmative votes and 1 negative by Mr. Mueller. B. Boat Launch Golden Gate Canal Update: Mr. Tom Burches of the Bass Club of Naples gave a presentation. The Growth Management Plan addresses having a fresh water boat lane or ramp in the Golden Gate area. South Florida Water Management Currently has existing boat ramps they use to test the waters, etc. in the canals. These are boat ramps that are basically limerock, stone, or gravel and they are not maintained all that well . The Bass Association has requested that we look into the possibility of getting some type of launch for them. Staff looked at a possible location of 58th. Street S.W. which is just off of the Parkway by the Church. There's two launch area over by the bridge on the Golden Gate Parkway, one on the North side and one on the South side. There was another area that Staff was looking at along a frontage road over on the East side of 951 . There's no current Boat Launch area there, but we are looking at that area because it's pretty well secluded there's no homes around it, it's vacant, and the property may be relatively inexpensive if we do not own this. The Real Property Department is checking to see if we own that. These are all pretty good sites, but what we would probably lean to if we can is the frontage road along the east side of 951 which is 39th street. The weirs prohibit people from Gulf access. These will be strictly fresh water, it goes into Lake Sapphire. Staff would like to pick the best site for the County as well as the Bass Association. The Growth Management Plan estimated $2000,000 per lane per boat launch facility. Now that would include parking, restroom facilities, fish cleaning tables, lights, etc. There are about 30 people in the Southern Club, and around 60 in the Collier County Club, and a total of about 200 or 300 people. Staff will come back at some other PARAB meeting to advise what Staff's recommendation is and will be asking for PARAB's approval to go before the BCC. C. Amendment to Food & Beverage Contract, Tigertail Beach: Staff received a letter from Cool Concessions Inc. to operate the Food and Beverage Concession at Tigertail Beach. Requested was a reduction in their remittance to the County because of some conditions and so forth at Tigertail Beach. Mr. Murdo Smith drafted an Amendment to the Food and Beverage Concession Agreement and has gone to the County Attorney's office for their review. Staff has met with the Concessionaire and prices, etc. were discussed, and that is the price that is under consideration on page 2-4 on the Draft Amendment. It states that the Food and Beverage Concession will pay 15.5% gross or $650.00 per month whichever is greater. Their last percentage were approximately 22% and $900.00 per month. Mr. Tod Herbst, of 900 South Collier Court, Marco Island, Florida, 33937, was present to answer any questions PARAB might have had. Staff's recommendation is that PARAB approve this agreement as amended, the only thing would that the County Attorney who is reviewing it approve it also. Mr. Gil Mueller questioned who's responsibility it was to keep the 6 restroom facilities clean, and it was of his opinion that The Food Concessionaire should not be doing it, that the Parks and Recreation Department should be doing it. Mr. Gil Mueller motioned to accept the recommendation of Mr. Smith, and the request of the Concessionaire for a modification of the Concession Agreement. Ms. Geneva Till seconded, and with no further discussion, the motion passed with a 4-0 vote. D. Update on Management Plan: Mr. Jeff Moore of Coastal Engineering made a presentation of the Lely Barefoot Beach Preserve. Jeff has been working 2-1/2 weeks on the project. He is not in the process of database mapping site work, not yet started planning. Jeff would like PARAB to set up some schedules for a Workshop. He has a 10 page outline of what process/steps to take. The Land Management Plan is a vehicle that defines how the park is used. It is a function of the plan. Staff will have to go through this process every 5 years throughout the life of our lease. Jeff stated that they have identified all types of vegetation and different habitats and has been mapped out. This is a very good habitat for gofer tortoise, and a lot of bird life. They have found 6-12 endangered species of plants, and identified and overlaid the different types of jurisdictional areas. The Coastal Control Line goes behind the dune itself, and an existing road goes behind the dune. Brazilian Pepper and Australian Pine are a bid nuisance at the park. Jeff presented photo's depicting the front of the dune, the dune itself, and behind the dune. Australian Pine trees have no substantial root system and therefore have no capability to hold the dune together. Australians and Braz. Pepper will wipe the dunes out, because they are very aggressive. Coastal Engineering is the firm that did the County work, bath house, etc. They have been involved for about two years. The State Agencies, Department of Community Affairs has no concerns there, the Department of Florida State to date has no historical or archeoligal findings on record for that site. Mr. Murdo Smith commented that the plan submitted to the state during talks for the Management agreement was a very passive area. We have an agreement with them to submit the Land Management Plan for approval . No boardwalk has been planned. Barefoot Beach Preserve is a most pristine beach we have in Collier County. The whole goal of the Management Plan is to very limited development there. Vanderbilt is about 1-2 miles away. The site itself is about 1 mile long north to south. The goal of the State of Florida, is to protect a paramount sample of the state of Florida. PARAB may want to set standards, and establish public contact the week of October 7, 1991 . We have to get this draft up to the state by the end of October. A Public Meeting has been planned for October 16, at 2:00 p.m. at the Golden Gate Community Park. Also Members of the Conservancy, etc. for option on Management of that site. Control of Australian Pine and Brazilian Pepper has to be accomplished by uprooting. Ms. Geneva Till requested a letter of reminder to all PARAB Members. E. NSA Contract: This is a new agreement for Scorekeeper Services, to be used for all our softball , basketball , and Co-ed leagues throughout the County. It will be a one year contract with and association to perform all those functions. There is a fee scheduled in there per game. We have a similar agreement with Umpires. Staff is convinced that this is the best route to go. It will probably save the County some time, because we won't be calling the 7 Scorekeepers all the time. Staff recommends approval , so it can go before the BCC. This has been approved by the County Attorney. Mr. Gil Mueller motioned to approve the National Scorekeepers Association (NSA) Contract as presented, so Mr. Murdo Smith can go before the BCC with it. Ms. Cherryle Thomas seconded, and with no further discussion the motion passed unanimously with a 5-0 vote. F. School Bus Agreement: This is a School Bus Agreement that we've had for numerous years. This is an update with the School Board for busing our Summer Camp kids and After School Program kids to different areas the beach, bowling, and so forth. We pay for the busses, to the School Board. That is also associated with fee per program and so forth. For example: From here, they may run down to Tigertail Beach for a day, or they may go to Beacon Bowl , or something like that. Usually it's in the afternoons. It's an extended service that necessitates this type of transportation. Mr. Gil Mueller commented that he thinks it's a good idea. Last year we had 3 or 4 a week, this year we cut it back to about two. Staff recommended approval so it can go before the BCC. Ms. Cherryle Thomas motioned to recommend to the BCC to approve the School Bussing Agreement as stated by Murdo Smith today. Mr. William Clendenon seconded, and with no further discussion, the motion passed with a 5-0 vote. IV. REQUESTS FOR DISCUSSION (continued) : Chairman Kobza commented that since the time for the meeting was running out, he wanted to economize on the time as best we can on the remaining issues. A. Productivity Report Discussion Scheduling: Chairman Kobza requested an item from the Productivity Report be on each PARAB Agenda to address this one at a time. Mr. Murdo Smith will write a Memorandum to the County Manager to ask the BCC what direction to take. Chairman Kobza commented that he would like clear direction from the BCC or from the County Manager's office or somebody telling PARAB what they want done by the next regular meeting, October 23, 1991 . PARAB does not want to do something that they have other plans for. Mr. William Clendenon asked for a copy of the Productivity Report. PARAB decided to put "User Fees" as they relate to beach parking on the Agenda for October 23, 1991, and hopefully we will have BCC direction by then. B. Vanderbilt Beach Turnaround: no discussion. C. Tigertail Beach Clean-up: Mr. William Clendenon asked staff if they were aware that they can use Convicted prisoners out of the County Jail for this kind of work. Mr. Murdo Smith said yes. Presently we are using them on weekends to do the raking of the beach. Mr. Gary Franco clarified that they are not convicted felons, but Community Service Workers. Mr. William Clendenon commented that Judges assign people to so many weekends in jail , they are convicted and they can be forced to work. All what staff has to do is get in touch with the Jail administrator. People in the County Jail awaiting trial can not be worked. They are basically just laborers, and you can 8 not rely on them to provide any particular skills. These people do not wear jail uniforms they wear mustard colored work clothes. D. Budget Issues: Mr. Murdo Smith updated PARAB. Basically the BCC gave us the swimming pool , the multipurpose building, the Football/Soccer Field Lighting for Golden Gate North Naples and Immokalee. We got the improvements for the gymnasium in Immokalee, Conklin Point Boat Ramp. On that Report, just about everything was given to us that we had requested. The recommended cuts that the County Manager had put up for review, the BCC did not agree with the cuts, they left them back in. They were cutting the staff at the Community Centers, and also the Multipurpose Building, but the BCC said to go ahead and keep that in so we'll have them. Basically we did very well this year. Murdo Smith commented, that we put in a good operating budget, we kept it under the percentage, and with the Growth Management, and with the facilities that we had to build. We did loose a Park Ranger position. The designated safe swimming area for Tigertial is on-going with Coastal Engineering right now. We will put in new sod and plants, a sprinkler system, and dress up that sign at the front Entrance to Tigertail Beach. At Tommie Barfield we are improving the softball facility, which is already started. What we're looking at is possibly landscaping around the tennis courts, where they put the bicycles, to buffer that off from the road. The Frank E. Mackle Community Park Dividing Wall : At one of the Budget meetings, Murdo brought that up, and the County Manager and Commissioner Shanahan discussed the possibility of putting that in now, since we still have a contract with the Vendor down there and the time to do it. Bill Flynn from Compliance services received a price to install the dividing wall , however, he wanted to check with the Architects to see if it's structurally sound. We still have a contract. The Community Center at Veteran's Park is estimated to be opened around the middle of November. Chairman Kobza requested that staff schedule PARAB' s November meeting at the Veterans Park Community Center, if it's completed in time. VI. REPORTS/UPDATES: A. Bonita Beach Park: Mr. Murdo Smith mentioned that at Barefoot Beach, the Bath House out for bid. Mr. Gil Mueller suggested that we'll probably have the bids on that at the next regular meeting. B. Recycling: no discussion. C. Tigertail Vegetation: previously discussed. D. 951 Boat Ramp Parking: We're still investigating additional property down there. E. Pools: Staff hasn't been told that it's been cut, so everything is fine with that. 9 F. Vanderbilt Beach Accesses & Parking: Mr. Murdo Smith commented that he would like to talk to Kim Kobza further on that about the landscaping there, he' s got a way that maybe we can proceed and do some things with that. G. Community Centers: Previously Addressed. They will probably all be opening in November sometime. H. Frank E. Mackle Jr. Park Building Expansion: Still on-going. The punch list is being done. There was one inspection where they had 30 some items, the next list they had 20, the next list they'll have 10, and hopefully we can get them all corrected this time. Mr. Murdo Smith said that they have performed very poor on the punch the first initial time. Mr. Gil Mueller agreed. Mr. Bill Flynn, is well aware of it. I. Conklin Point Boat Ramp: It was pulled from the BCC Agenda by the County Managers office, so design approval was not received. We're still looking at working something with Westinghouse there. J. Listing of Donated Property: Nothing yet. It's not a top priority for the Real Property Department. Murdo Smith will write another memo, and Mr. Gil Mueller requested to add to that memo that it was requested nine months ago. K. Immokalee Child Care Center: Staff doesn't think that they'll be putting it in there. They almost passed their time, because there was some problems with zoning as far as Real Property was concerned. It was mentioned to us that there were no concerns with zoning, and then for some reason, some were brought up. Staff hasn't heard from Mr. Lawson in quite some time. Ms. Cherryle Thomas commented that they went in connection with another group, now Stepping Stones will get Federal Government Money. L. Clam Pass Park: Previously discussed. VIII. NEW BUSINESS: None. VI. Adjournment: Mr. William Clendenon motioned to adjourn the meeting at 5:45 p.m. Ms. Cherryle Thomas seconded, and the motion passed with a 5-0 vote. MS:rtd:003773 10