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BCC Minutes 05/08/1981 S F~""¡ r"._",~ ........ '" Naples, Plorid~, ~ny P, l~"l LET IT SF. RF.MF.MBEnF.D, th~t the Board of County Commissioners in and for the County of Collier, and also ~ctin~ as the Governing Board(s) of such special ðistricts as have heen created ðccording to law and hnving conducted business herein, met 'on this date at ~:n5 A.M. in Special Session in Building "F" of tho Courthouse Complex with the following memhers present: CHAInMAN: .John A. pistor VICr. CHAIRMAN: Clifford Wenzel (Absent) C. n. "Russ" Wimer Mary-Frances Kruse Dnvid C. Brown ALSO rnESENT: '::illiam J. ncmpn, Clerk; Hc'!rold L. l1all, Chief Deputy Clerk/Fiscal Officer; F.linor M. Skinner, Deputy Clerk; C. ~illiðm Norman, County ManAger; Donald pickworth, County Attorney; Clifford Bc'!rksdale, Public Works ^dministrator/County Engineer; and, Grace Spaulding, ^dministrative ^iàe to the Board. Pal) p. 1 MOK 061 PACE 455 ~ · >o'C ..." ,",0> O~.... CJ&I ~IICJ +'fMII ....111... ........ ....~C .011&1 ....1II.c: :§:- .... C 1110 &1111.... t;:-~ &1::1 .. :'8 o Q,... " Q, &1111&1 :.:....... .c: III~S - .... ...C.... 10~ .:I bO... .-ICCJ fM........ O~ a t~ ... .......0 :I: Q, fM '~'''''~--"-'-''''"' . ~,,,, f ' I f""1 ........ ~ay !\, l(\~l Chairmc'!n ristor explAined that the emergency meeting waS called to discuss the purchase of railroad right-of-way for Goodlettc Road-Frank Boulevard Extension from pine Ridge RORd to Immokalec Road. Due to a previous engagement, Commissioncr Wenzel requested that the following statement be incorporated in the minutes during his absence: "I will not vote to huy Rny right-of-way for (uture ronds, nor will I vote to build any future roads with taxpayers' money. T helieve tho property owners should purchase this right-or-way and then pay for the rOAd whcn it is built." Public Works ^dministrator/County Engineer Barksdale explained that the purpose of the meeting WAS to reconmend to the Commission the purchase of the SCL RÐilroad Right-Of-Hay i1nd to ðpprovc ôn i'lgreement with the Collier Estiltc and F:rneri'lld Lakes, Inc. He said that on April l~, 1991 the Board or County Commissioncrs approved the purchase of three milefi of the r~ilroAd right-of-way between l~th ^venue North and pine Ridge Road for the purpose of four-Inning Goodlette-Frank Road and further authorized the County Engineer to negotiate ~greements for acquiring the railroad right-of-way north to the Immokalee Road. lie explained thai the authorization was given hecause the former right-of wi'lY east of the po\~cr company easement had reverted and the 59 acres of abandoned railroé1d land would re~;ult in lower construction costs. lie said that the rRilroad alignment was shorter, the rond drainage structures would be less expen~ive, and thnt the F.merald L~kes PlAnned Unit Development, desirous of a west~rn and southern public access, has indicAted a willingness to pÐrticipélte in the County's pur¿h~se of the 4.2 miles of rélilron~ right-of-wny nnd to construct to County specifi- cations, !'It the developer's expcn~e, é1nd II' miles of two-lane ~OOK 051 PACE 457 Page ') .; · þ,'C ...&1 fMO> O~.... CJ&I Þ,IICJ ~fM&I ....111... ........ ....~C .011111 ....1II.c: :§:- .... e 1110 &1111.... ~:-~ &1::1 .. :'8 o Q,... a 0. &111111 :.:....... .c: III~S - .... ...C.... &1010-0 ~ bO~ .-ICu fM........ O~ S ... e CJ .... ... .......0 :.: 0. fM ~ BOOK 061 PACE 458 Mi'lY t', 19f\1 roadwi'lY from pine Ridge Roaò to their westerly access roa~. The Collier Estate is willin~ to sell F.meralò L~kes Jon' right-of-w~y for an east-west access if the County would clear title to a .emaining interest in the former right-of-way, Mr. Barks( ale said.. lie! explained that this has been reduced to a thrcC-pÐrty ùgre~ment to be executed by Emp.rald Lakes and the Collier Efötate nftcr approval hy the ßOùrd of County Commissioners. Mr. Barksòale said that the railroi'lc1 agreed to sell the right- of-way, from pine Ridge Roaò to Tmmokalee ROi'lå, to the County for a price of $3~n,onn which equntes to approximately $5,Ron per acre and that, with Emeri'lld Lakes agreeing to pay $19n,nnn, the County's outlay would he reduced to $]50,000 for 59 acr~s of ri~ht-of-wÐY and 1 and 1/2 miles of two-lane roadwc'!Y. lie said that this would be in conformance with the Comprehensive Plùn. lie si1ic1 thAt ~he County's funds for this transaction i'lre Ðvailable in the account for Secondary ROi'ld Punds 5th and ~th cent Gas Tax. Mr. Rarksdi'lle explained thi'lt oppo~itlon has he en ri'liscd hy the owners of property i1butting the railroad right-of-wi'lY in pine Ridge and that the property owners hi'lve formed a group anò tendered a purchase sale agreement for sr.o,nno more than the County's agreed price of S3~n,nnn. The Ri1ilroi'lò has advised hy letter that they must accept the binding offer on or before Mny 10, 19R1, he saiñ, anò that, at the County's request, the Ri'lilroad requcstcå that the qroup extend the deadline until May 13, 1981 to give the Board of County Commissioners an opportunity to consider the matter ( urin~ a regularly scheduled meeting; however, the òei'ldline Wi'lS only extenc'led until May 11, 19AI. The SCL Railroaò ac'lvisec1 that Collier County must provide a firm PlIge 3 ~'C ...11 fMO> O~"" CJII ~IIO ~fMII ....111... .... .... ....~C ,oIllCIJ ....1Q.c: :§:- .... c III ° &l1II~ .c::II~ fi CJ 11::1 .. :'8 ° Q,... a 0. 1111111 :.:....... .c: lII~e - .... ...c.... "or,... & 0 r-I bO "" ....1:0 fM....~ O~ e tS"" .......0 :.: 0. r,... ~ m --., May n, ] ~RI commitment by Monday, ~~y 11, 19A1 or they coul~ not honor their obligation Cor the sale of the right-of-way to Collier County for the agreed price. Mr. Bark5dale reðd passa~e5 from the COMprehensive Plan under the Traffic Circulation Elemcnt which stated that the cost of providing an efficicnt traffic circulation sY5tem represents onc of the most expen- sive responsibilitics of Collicr County and that hecause of that great expense it is esscntial for the County to have nn ongoinq, planned proccss which anticipÐtes and i(lentifies future necds and allows scheduling of improvements within its finnncial capahilities. The future plëln for the TrÐffic Circulé1tion Element is hased upon known dcficiencies in the present SystCM, current ~rowth Ann ñeve]opmenl trend, and rcasonable predictable future growth patterns, continued Mr. Barksdale. Hc said that in those instances whcre the plan recommends new faciities and locations whcre roadways do not exist, the alignments indicated represent preferred corridors of travel, thc preferred corridors being construed as specific IOCc'!tion unless otherwise designated by official Action of the Board of County Commissioners. Mr. Barksdale said that the mðp within the Comprehensive Plan shows the alignment right over the railroad and recalled th~t the joint citY/County Seahoard Coast Line Task Force rccommended that a team be established and authorized to negotiate with SCL for the acquisition of the SCL Right-Of-Way, which was identified as usahlc for puhlic purposes, and to support SCL in their efforts to rcceive I.C.C. approval to abandon thcir facilities. He said that the Task Force askcd the Naples Planning ^dvisory Aoarð and the Coastal ^rca rlanninq Commission to revicw the SCL property within their jurisdiction and MOK 061 PAGE 459 PëlCJC ~ · >o'C ...&1 fMO> O~.... CJ" ÞO.IICJ ~fM&I ....111... ........ ....~C .011111 ....1'J.c: :§:a .... C III 0 &1111.... t::-~ G)::1 .. :'8 o ø.... a 0. &IlliG) :.:....... .c: I'J~S .... ...C.... &lOr... a 0 ribOM ....Co fM........ O~ a ... -= CJ .... ... .......0 :I: 0. fM ~ ~OQ~ 061 PACE460 ~1I Y f'I, 19 n I that their recommendlltions wcre: 1. The If'l acre site located at the southern cnd near U.~. ~1 should be purchased by the privatp. sector. ?. The riqht-of-way which abuts C,oodlctte ROA~ from U.~. ~l to Junqle Larry's shoul~ he partially or tot~lly placed into puhlic ownership fdr circulation anrl rlraina~c purposes. 3. The ri~ht-of-wc'!Y which ahuts ~oodlette noa~ from Jungle Lnrry's to the TMMok~1ee no~rl should he placed in public owncrship for circulDtion, nrainAge ann aquifer rcchnrge purposes, ann that the ri~ht-of-wny north of the Immokalee Road be purchased by ÐdjÐcent land owners. . Mr. Barksdale said that he felt thAt it is in the best public interest for the County to purchase the railroad right-of-way for the agreed price of $3~O,OOO and to sign the agreement with the Collier F.state and F:meraln Lakes for their participc'!tion as outlined in the agreement; i.e. to pay $100,00n, which Js the pro rata share for the southerly two miles, with their entrance roa~way going 1 and 1/~ miles; and, to construct the I and 1/7 mile roadway to County specificc'!tions to their entrance road. He r~commended that the Board approve 5aid purchase of the railroad ri~ht-of-way from pine niàge to the Immokalee Roa, authorize the expenditure of funds, and to approve the agreement with Emerald Lakes Ðnd Collier F.stntes. Commissioner Kruse pointed out that the lnn' railroad right-of-way cost would be t~,non per acre anrl the ]00' roadway from Collicr to Emerald Lakes is ~'-5,oon and Mr. Barksdale sa1d that if the County were to follow the alignment east of the powcr line easement and not the railroad alignment the cost would be approxi~ately ~ and 1/'- times greater. In response to Chairman pistor, Mr. Barksdale said that, liS development occurs along the roadway, the developer is required to pay for the roadwllYs. fll\!) e 5 · >o'C ...11 fMO> o~.... CJ&I >OIlU +,fM&I ....111... ........ ....~c:: .0.&1 ....1II.c: :§:- .... C III 0 &I....... t;' ~ &1::1 .. :'8 o ø.... a 0. &1111&1 :.:....... .c: III ~ a - .... ...C.... l°'¿) .:I bO... .-ICCJ fM........ O~ a t~ ... .......0 :a: 0. \-< r~~1 J'~'''l ~ May R, BPI In response to a question hy County ^ttorncy pickworth, Mr. Aarksdalc said that two ðppr~isals werc done for the propcrty, one hy the Task Force Committee in 1977 which was $3n~,noo and, in 1~79, the escalated price w~s $~97,~r,O, commenting that thesc appraisals are almost two yeArs old. lie said that the Railroad woul~ give the County a .~8l% discount for purchnse of the entire strip and, if the discount factor were applicd, the price would bc $3~9,770, or the $3~0,OOO which was the ncgotiated pricc with the R~ilroAd. In response to Chairman pistor's question, Mr. Bc'!rksdnle said that thc discount amounts to J?%. discount. Mr. Barksdalc agrced with Mr. ~orman's statement that the railroad right-of-way is bound on the east by a power line easement and on the west by the pinc Ridg~ development and that would cause the property to be less valuable. The following registcred speakcrs spoke in opposition to the County purchase of SCt Railroad Right-Of-Way: Mr. Tom Maloney Ms. Karla Maria White James G. and Ramona Coleman L. ,"Jay Go...¡ett Da vi d Mo ye r Robert ^. Meister ThomÐs ^. Turncr Mr. & Mrs. ^rthur Ford J. D. Spohn Mrs. O. G. Watson Henry MaXélnt Donald Crél ig J. P. Gunther-Mohr Mr. Fred Gillettc Jerome Ðnd Nancy Jaker Gerald T. élnd Constélncc Ms. Susan Maloney F.dmund \'.'. Thomas .1 a c k C. Fa u 1 k n e r Or. A. J. Broughton Norman RO\'ICS Ms. Luln M. Turner Ms. Ann S. weimer Dr. Ca ry Layton Ms. Sarah Crcamer The following persons spoke if favor of the County's proposal: James R. Scarborough, 'for ~merald Lakes ,"Jack Conroy, for ~merald r.akcs *****TH::CF:SS: 10:20 ".M. RECONVENF.D: IO:31i J\.M.***** &OOK 061 PACE "461 Page " . ""''C ...&1 ,",0> o~.... CJ&I >O«lU +'fMII ....111... ........ ....~C .0«111 ....1II.c: :§~ .... c III 0 &1111.... t;:-~ &1::1 .. :'8 o Q,... S Q, &111111 X....M .c: III~S - .... ...C.... &l0c,... ~ bO e .-IC;:u fM.-I..-I O~ S ...c CJ....... .......0 ::c Q, fM . ( ';:: ~OOK 061 f~CE 4.62 May /1, 1901 Commißsioner Wimer suggested thAt the County purchase the right-of-wny and the Pine Ridge property owners purchase the other easement, following which the County will trade the rtgh~ of-way for the property owners' easement. Mr. Maloney saiñ he appreciateñ this cOMpromise but he s~id that the Collier F.state woulñ not deal with the propcrtyowners. Mr. Scarborouqh sÐid that F.merald L~kes would have no problcm with this compromise. Commissioncr Kruse suggcsted that an alternative would be for the property owncrs to approach Floriña Powcr and Light Company and ask theM to switch their poles on their ri<Jht-of-~/~y to the railroad property and these parcels of land could be swapped. Mr. Barksdale said that he hÐS been advised by the Railroad that they expected to have a signed agreemcnt on Monðay and that their Management Board has said they rccognize their commitment to the County for ~3~n,onO; howcver, if they do not havc the County's firm assurance that the County will purchase the land, the Railroad will exccute the agreement with the property owncrs group. Commissioner Prown saiñ hc òid not w~nt to hazard the chance of losing the offer which the Railroad has madc to the County. ^t Mr. Maloney's request n reccss was called so that the property owncrs could confer. ****nECp.ss: ]O:S5 ^.M. r¡r.CONVF.NEO: 11:no ^.M.**** Mr. Maloncy reported thnt, in view of the feeling that the Commissioners must procced today, the property owncrs have decided to continue to hélvc thcir offcr for the Rililroad as well. lie said that the property owners were only talking ðbout the southerly portion of thc rlC)ht-of-way which goes pllst their propert.y. lie took issue with NHJe 7 · 1>o'C ...&1 fMO> o+'.... CJ&I >O«lCJ +,fM&I ....111... ........ ....+'c .0«1&1 ....1II.c: :§:- .... c 1110 &1111.... t;:-~ &1::1 .. :'8 o Q,... a Co &1111&1 x....... .c: CI)~ a - .... ...c.... &lOr¡.. ~ bO~ ....cCJ fM........ O~ S ...c CJ.... ... .......0 x Q,fM r··')...· , ---¡ t:"';"<'j~1 Mûy 11, 191'11 the statement mnde thût the difference in cost is 1/4 of ~ million dollars. Commissioner ~'imer moved, seconded by Commissioner Kruse, that the County purchase thc f;CL Right-Of-Wl1Y and thût, the County formalizc the Bgrecm~nt with Collier CorporAtion nnd ~merald Lakes of Naples and the new one, when it is drnfted, nuthorizing the Ch~irmûn to sign it ûnd extend for 10 dnys the termS of the compromise that if the anyone acquires the right-of-way thnt thc County will trade in an even swap and move the ro~d to the enstcrly casement; and, if there is progress, to grant additionl1l time if requesten. Mr. pickworth sc'!id that through the three party agreement the County would state that Emcrald Lakes' obligbtion, with regard to the construction of the road, would Ðpply whether the rOAd Wl1S constructed on the railroad right-of-way or, if the other ec'!sement Wl1S obtainer., the same obligðtion applies across that property, with the County recognizing in the agreemcnt its willingness to swap even if someone were to acquire that other piece of property. Mr. Gillette c'!skcd for the extension to be hO to 90 days hut, after a short ·discussion, Commissioner Wimer said he felt it should be left at 30 days and that if more time is needed it could be granted at that time. Mr. Scarhorough said that Emerald Lakes would want any extension to be added onto their agreement ~nd that, in drafting the agreement, F:merald Lakes did so wi th costs in wind. He said that the agreement was that F:merald LiI k e s wo u hi pay up to a certain amount of 'money for the purchase, baserl on what the RailroAd har'! saiñ it would sell for, ðnd that, if the finûl c05t was more, the County would pick up the BOOK 061 PACE4.63 Page n ~ . ÞI'C ...&1 fMO> O+'.... CJ&I >OC!CJ +'fM&I ....111... ........ ....~c .0«1&1 ....1II.c: :§:- .... c 1110 &I .,.... t;:-~ &1::1 .. :'8 o Q,... & Po &1111&1 X....... 111:5& - .... ...C.... &10""- ~ bO~ ....CCJ fM........ O~ a t~... .......0 X Po~ , ßOO~ 061 PACE'4S'( M"y R, 19n1 excess. He said he would like to see the same language for the road. ~r. Scarhorough said that the road would have sidewalks with Commls- sioncr Wimer pointing out that the road would he a two-lanû hiqhwðY· Upon cnll for the question, the motion carried ~/O, with Commis- sioncr Wenzel absent. * * * * * * * There being no further business to come before the Roard, the Speci~l Session was c'!ñjourned hy the Chairm~n at 11:10 A.M. ROARD OF COUNT: CmlMISSIONEnS/ EX OFFICIO GOVERNING BOAnO(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL n /)~ l{· -Jjß Ltvt /' . éI rman ATTEST: ) WILL, IAM!~J. ~^,G^~' CxtRK þM~ .. e- CJ.Ltr- Page I)