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BCC Minutes 10/17/1986 S · . Naples, Florida, October 17, 1986 LET IT BE REMEMBERED, that the Chairman having issued the call and the Clerk having given due notice as prescribed by Ordinance No. 75-16, the Board of County Commissioners in and for the County of Collier, met in SPECIAL SESSION on this date at 1:40 P.M. in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: ACTING CHAIRMAN: Frederick J. Voss Max A. Hasse C. C. "Red" Holland ABSENT: John A. Pistor Anne Goodnight .... ALSO PRES¡:~: Maureen Kenyon, Deputy Clerk; Donald B. tusk, County Manager. Neil Dorrill, Assistant County Manager; David Weigel, .~~sistant County Attorney; David Pettrow, Community Development Administrator; Ann McKim, Zoning Director; Jim Bailey, Zoning Investigator; and Sherry Rynders, Risk Management Director. AGENDA Consideration of Agreement Between BCC and Golden Gate Business Association, Inc. for use of County property. AGREEMENT BETWEEN BCC AND GOLDEN GATE ÐUSINESS ASSOCIATION, INC., FOR THE USE OF COUNTY PROPERTY FOR THE PURPOSE OF HOLDING ACTIVITIES FOR "FRONTIER DAYS" - APPROVED Community Development A~~inistrator Pettrow stated that the Golden Gate Business Association is sponsoring Frontier Days on November 1, and November 2, 1986, on property that is adjacent to the Community 5Gú~ f198 P~'.¡ 355 Page 1 --'--,....,--,_.~ --~"'--~'""""--"'",._......._-,.~- ·-:.... &CO~ 098 P~G( 356 . '. ·4' Center on Golden Gate Par~way in Golden Gate. He stated that in May, 1986, the Golden Gate Business Association with their agent and co- president, Don Goodrich, came into the office and filled out a tem- porary use permit form anè agreed to the necessary items in terms of security, fencing, lighting, landscaping anç whatever applied and had it approved. He stated that on September 23, 1986, Mr. Goodrich secured a building permit for a five foot fence structure in order to have control on the property on the day of the event. He stated that later the same dñY, he ask~d if the fence permit could be for a per- manent fence and it was aS3ured that he could install a fence and he was given an approval, adding that subsequent to that, Mr. Goodrich began his work on the site. He noted that yesterday, he received a call from a concerned citi~en who wanted to know what was going on the property and was the Count:¡ aware that they owned the property. He stated that he looked into the matter and found that the property was deeded to the County as a caretaker agent and therefore, only the County can give approval for ~ny improvements, temporary or permanent, on such property. He statl!d that this is the reason that this meeting has been called, adding thilt the Board has been presented an agreement that essentially provides for the use of this property by the Golden Gate Business Association for Frontier Days and includes the installa- tion of a permanent fence ~nd power to be paid for by the Golden Gate Business Association. He ~;tated that the agreement is a standard form that was prepareè by the R(!al Estate Department. He stated that there has been a stop work order put on the project site until this matter Page 2 - .. .. ~-,,_ ,,·"·.·___._.h_,_~,~.~ -'"'''''''''''' ........... _.~..... "".'-"''''''''.--' has been resolved by the Board. He indicated that Mr. Goodrich has stated that they need to proceed this weekend with the volunteer help in order to have everything completed in time for the Frontier Days. Commissioner Voss stated that this agreement provides that the property can be used from October 18, 1986, to November 5, 1986, and questioned what happens after that? Mr. Pettrow stated that what is being proposed is that the chain link cyclone fence and electrical wiring will remain on site. Commissioner Hasse mQved, seconded by Commissioner Holland, that the Agreement between the Board and the Golden Gate Business ~88ociation, Inc. be approved. Risk Management Director Rynders stat:ed that the only problem she has with the insurance is that the $500,000 that is being carried is for an event only and is good for the two days that is designated as Frontier Days. She stated that it does not cover the time that the people will be working prior to the event and there are a lot of volunteers involved. She stated that she has been told that they can- not obtain the coverage for the entire period of time, but they would be willing to obtain certificates from the contractors and "Hold Harmless" letters signed by the volunteers. She stated that the County could stand a chance of being liable if anything did happen. Assistant County Attorney Weigel stated that the agreement has been drafted the way the County and the Risk Management Office wish to have it drafted with the requirement that they have $500,000 inDurance for the duration of the agreement. He stated that the "event only" aGO~ 098 PI~f 357 pege 3 --v --"'--..,,"""...,....~;.~._,"~.., .;,.,.' .' 8COK 098 P}Gl 358 insurance is only one kj~d of insurance that can be obtained, addl~~ that another type of insurance may be available or another type of policy. He stated that the agreement could be amended to state that there be $500,000 for the event only and for the other period of this agreement, it could be approved by the County Risk Manager based upon her contact with the available insurance agencies. He stated that the requirement of $500,000 for the entire period is not excessive. Commissioner VQSS stated that the consensus of the Board is to approve this agreement, but no one wants to put the County at risk. Ms. Rynders stated that the County has it's own blanket liability policy, but they would be opening themselves up to lawsuits that could OCcur. She stated that other organizations are required to have coverage during the course of time that they would be occupying County property. She ßtated that the organization could get coverage on a year-round basis, but the rates would be extremely high. Commissioner Voss questioned if the "Hold Harmless" that is writ- ten into the agreement covers the County, to which Mr. Weigel stated that the association probably does not have a deep pocket to go beyond insurance coverage to indemnify the County. Commissioner Hasse stated that there are not many people involved in working on the site prior to the actual event. Commissioner Holland stat.?d that the contractors that are donating their time h:.ve their own inslJrance coverage, and the County has suf- ficient liability. County Manager Lusk stated that if the agreement is approved, he Page 4 - - .. _"".m___.,",~.~_. would be concerned that a pr~cedent is being set. He stated that ~~ would like it indicated for the record that the only reason that this is being considered at this ~oint is because of the lateness in time and the misunderstanding of the property ownership. Mr. Weigel stated that the Board handles every matter individually and should not worry about setting a precedent. He stated that the language could be added to Paragraph 6 that the insurance would be $500,000 or as otherwise approved by the County Risk Manager. Commissioner Voss stated that he does not want to put this respon- sibility on the P.isk Manager. He stated that this in no way sets a precendent and the Board is considering it this date because there was a misunderstanding as to who owned the property. County Manager Lusk questioned if Mr. Goodrich realizes that the fence becomes the property of the County, as well as the electrical wiring? Mr. Goodrich stated that he is the President of the Golden Gate Business Association and the misunderstanding was that the Association assumed that the property belonged to the people of Golden Gate, adding that if this was kno~n at the time that the project was started, they would not have put $15,000 worth of improvements into the property because the morey was earmarked for building the new fire station in Golden Gate Estates. He stated that the reason for the fence is to be able to charçe $l.OO admission fee. Commissioner Voss stateé that if this agreement is to be approved, Mr. Goodrich will have to urderstand that this fence becomes the pro- sea.: 098 P~r.[ 359 Page 5 ¡ .., "', ~ ~ " ,. . ·'·"'U_","~'"_¥._'. &CO( 09Bp~Gl360 perty of the County as it is on County property. Mr. Lusk stated that a couple months from now, someone else could be out there using that fence and electrical wiring. Mr. Goodrich stated that h~ has already had requests to use the property in the coming months. Mr. Lusk stated that in t~e future, the Golden Gate Business Association may want to look .,t an agreement whereby they would control this property for the County, but the County would still own it. Mr. Goodrich stated that ~t this point, if the agreement is not approved, there will not be ";?rontier Days" and in order to have the event they will have to give IJp the fence and the electrical wiring. He stated that there is no ch<:>ice in the matter as they have to get mov ing forward in order to ha'/e Frontier Days. Upon oall tor the question, the motion oarried unanimously. ¡ . / f I i ., Page 6 - - .. ..,.--.....,-.." "-_',.".,. ... There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:10 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: JAMES C. GIf,.Jì,S;" HkERK.. ~. . ~~{:-:4.~ . /7_ . 21i'~~~....~~~~#o~.é¥'<- . - ~. . . ,::J . The\i- ~~1tl!'Yf~~~.6~d t:y the Board on ~ .;... ".,~~ ~!l~ . ðS prese~~Ó~::"'~"'~\~'or as corrected .........., ,,"' ." ('\'; ACTING CHAIRMAN FREDERIC ¿(JJ;A//FI'6 ,. I' . h¡;, 298 PAGE3G!. Page 7 . , ; ,ï: ~..",.-,.".,_.,. "'--.,,- ·"--"···""·'~"~··>""'<>··"~.",·_.e'" ,_. .,","~".