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Manatee County Invitation to Negotiate Old Jail Site the Croghan Company

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Manatee County Invitation to Negotiate Old Jail Site the Croghan Company Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 9, 2018 October 9, 2018 - Regular Meeting Agenda Item #44 Subject Invitation to Negotiate #16-01 PM Old Jail Site Located at Judicial Center Briefings None Contact and/or Presenter Information Charlie Bishop, Director, Property Management, Ext 3004 Action Requested ● Authorize staff to enter into negotiations with The Croghan Company (DBA Connect Bradenton) to enter into a long-term lease for redevelopment of the Old Jail section of the Judicial Center to multi-family residential housing. Enabling/Regulating Authority ● Florida Statute Chapter 125, County Government Background Discussion ● In July of 2016 an Invitation to Negotiate (ITN) was issued seeking proposals for a long-term lease of the Old Jail section of the Judicial Center for redevelopment into multi-family housing (ITN attached). ● The sole response received was a proposal from The Croghan Company to redevelop the Old Jail into multi-family housing (copy of response attached). ● The ITN was placed on hold on November 2, 2016, due to concerns expressed by constitutional officers (Sheriff, Clerk of the Court, and Judicial). ● A worksession with the BCC was held on February 14, 2017 on this issue. County staff undertook a review of the concerns presented. Meetings and discussions have been held among County staff, impacted constitutional officers and Mr. Croghan. ● Authorization to negotiate an agreement would allow the development proposal to move forward and details developed to address concerns that have been raised by impacted constitutional officers, including those outlined in a letter dated August 30, 2018 from Angel Colonesso, Clerk of the Court (copy of letter attached). County Attorney Review Other (Requires explanation in field below) Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 9, 2018 Explanation of Other Assistant County Attorney Anne Morris and Assistant County Attorney Bill Clague have opined on four Requests for Legal Services regarding the Old Jail. Each RLS response is attached to this agenda item. Reviewing Attorney Clague Instructions to Board Records Please email a stamped approved copy of the agenda to Joy Leggett-Murphy, [email protected], and Charles Meador, [email protected]. Cost and Funds Source Account Number and Name N/A Amount and Frequency of Recurring Costs N/A Attachment: RLS 2016-0377 and RLS 2016-0329.pdf Attachment: RLS Response 2018-0161.pdf Attachment: RLS for Parcel Out 2016-0202.pdf Attachment: Old Jail Site ITN.pdf Attachment: 9.13.18 Manatee Jail Conversion ITN Submission.pdf Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 9, 2018 October 9, 2018 - Regular Meeting Agenda Item #2 Subject 10:00 A.M. - ITEM #44 - Invitation to Negotiate #16-01 PM Old Jail Site Located at Judicial Center Briefings None Contact and/or Presenter Information Action Requested Enabling/Regulating Authority Background Discussion See Item 44 for supporting materials. County Attorney Review Not Reviewed (No apparent legal issues) Explanation of Other Reviewing Attorney N/A Instructions to Board Records Cost and Funds Source Account Number and Name Amount and Frequency of Recurring Costs MEMORANDUM To: Ed Hunzeker, County Administrator From: Diane Vollmer, Agenda Coordinator Date: October 8, 2018 Subject: Agenda Update for Meeting of October 9, 2018 THIS MEMO AND THE CHANGES INDICATED BELOW ARE REFLECTED IN THE ELECTRONIC AGENDA (E-AGENDA) CHANGES TO CONSENT AGENDA COUNTY ATTORNEY 17. Proposed Eminent Domain Settlement; Manatee County v. Maria Villacorta, et al.; Case No. 2018 CA 3438; Parcel 130 – The Proposed Motion for Entry of Stipulated Final Judgment and Entry of Order Vacating Default was replaced with the copy signed by the defense counsel. PUBLIC WORKS 38. Local Agency Program Agreement - Morgan Johnson Road Sidewalk – The County Attorney Review section of this item was updated to include the statement: This LAP Agreement is identical in form to another LAP Agreement which was reviewed by the CAO in March of 2018. Attached is the RLS response memorandum containing the CAO’s comments and suggested revisions. Staff recommends approval of this LAP Agreement despite the FDOT’s unwillingness to implement the CAO’s recommended changes. CHANGES TO REGULAR AGENDA PROPERTY MANAGEMENT 44. Invitation to Negotiate #16-01 PM Old Jail Site Located at Judicial Center – A copy of the August 30 letter from Angel Colonneso, Clerk of Circuit Court, was attached to this item as referenced in the Background Discussion section. CHANGES TO COMMISSIONER AGENDA 45. Executive Reprimands – A document titled “BCC Policies and Procedures” was added to this agenda item. ADDITIONS TO REGULAR AGENDA PUBLIC SAFETY (9:00 a.m. Time Certain) 47. Hurricane Michael Update and Declaration of Local State of Emergency – Adoption of Resolution R-18-169 declaring a State of Emergency relative to Hurricane Michael. ADDITIONS TO COMMISSIONER AGENDA COMMISSIONER DISABATINO 48. Health Care Advisory Board - Federal Poverty Guidelines - Discussion of letter dated September 27, 2018, from Ernest "Sandy" Marshall, Federation of Manatee County Community Associations, Inc. COMMISSIONER WHITMORE 49. Naming of the County Commission Chambers in Honor of Former Commissioner Pat Glass - Discussion of naming the County Commission Chambers in honor of former Commissioner Pat Glass. County Administrator’s Office 1112 Manatee Avenue West, Bradenton, FL 34205 Phone number: (941) 745-3717 PRISCILLA TRACE * CHARLES B. SMITH * STEPHEN JONSSON * ROBIN DiSABATINO * VANESSA BAUGH * CAROL WHITMORE * BETSY BENAC District 1 District 2 District 3 District 4 District 5 District 6 District 7 August 30, 2018 Ed Humzeker, Manatee County Administrator 1112 Manatee Ave. W. Bradenton, FL 34205 Re: Proposed Use of Old Jail Building in the Judicial Center for Housing Project Dear Ed, I would like to thank you and Mr. Croghan for taking the time to meet with me on September 13, 2018 to discuss your proposed Housing Project. As we discussed in the meeting, in my role as the Manatee County Clerk of Court and Comptroller, it is my responsibility to protect the taxpayers of Manatee County and ensure each check I cut from County funds will be used for a lawful public purpose. While I would be thrilled to see the Old Jail in the Judicial Center renovated, as a matter of law, at this time, with the information available to me, I cannot authorize the payment of County funds for the Housing Project you propose without assurances on the various legal complexities that come with this project. Below is a discussion of these issues that I briefly mentioned, and you requested that I provide to you, in our meeting. First, while I understand from our meeting that you know you need to develop a plan for the building and operation of the Housing Project, I cannot approve any expenditure of County funds unless and until there exists a concrete plan addressing the parameters of the project. Second, all verbal information indicates the project does not serve a lawful public purpose. Thus, the Housing Project remains undefined and potentially illegal for numerous reasons. This letter identifies and briefly analyzes the reasons that prohibit me from cutting a check to fund any work in furtherance of the Housing Project. Page 2 Summary To date, I have identified the following reasons that prohibit me from cutting a check to fund the Housing Project: • No written plan exists to allow me to determine whether the Housing Project serves a lawful public purpose. • The limited information I have indicates the Housing Project has no lawful public purpose, and is potentially illegal for a variety of reasons. • The Housing Project may result in the County losing its exemption from real estate, ad valorem, and bond taxation because the project does not appear to serve a public purpose. • Going forward with the Housing Project will necessarily result in exorbitant perpetual costs to the County far above and beyond the mere cost of completing the project itself. • There are significant financing hurdles facing the project. Backround You have proposed the Housing Project to County officials and plan to place the project on the Board of County Commissioners’ (“BCC”) agenda in the future. The following is the limited information I have received on the Housing Project. You propose “separating” the Old Jail from the parcel of land containing the County Judicial Center and Hensley Public Safety Complex (in terms of utilities, for example) and renovating the Old Jail into furnished rental housing units between 300-600 square feet in size. In addition, you propose to limit rental of those units to “essential services personnel” and, as you have articulated, “millennials”—giving preference to county and state employees first. The County’s current Local Housing Assistance Plan defines Essential Services Personnel as “Essential Page 3 Services Personnel shall include, but not be limited to, Manatee County’s school district employees; police and fire personnel; government employees; health care personnel; retail workers; tourism industry personnel; and food service personnel”, but the Plan does not appear to use or apply that term. The Housing Project would apparently involve the “parceling out” of the Old Jail and the land upon which it sits, and the leasing of the Old Jail and land from the parent land tract. The “parceled out” tract would be leased long-term to the private developer Bernard M. Croghan, but the County would maintain ownership of the land. According to a prior memorandum by the County Attorney, because the lower floors of the Judicial Center are located beneath portions of the former jail facility, the County cannot dispose of the underlying land without compromising its ownership and control of the Judicial Center. It has been communicated to me verbally by you that you have received estimates of $1.5 million to separate the utilities of the Old Jail from those in the rest of the Judicial Center.
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