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BCC Minutes 02/25/1986 R ·'....'-.......-- - - - Naples, Florida, Pebru~ry 25, 19A6 LET I".' BE Rf.:r{£~9F'¡¡E[', that the Boar" of County Commissioners in and for thp. County of Collip.r and also actin" as the ~oard of Zoning Appeals and as the ~ovp.rninq board(s) of such Rpecial districts as have been created according to law and having conducted business herein, met on this dat~ at n:oo A.~. in REGULAR SESSION in Ruildin~ "F" of the Courtl,ous~ COr:lpl'2x, f.IISt "'aoles, Florir:!" , with thl:! fOllowing members present: C .! \t~MM': .John lI. Pistor VICr. CH^IP~AN: Anne Goodnight Frederick J. Voss \fax A. PI!8Se C. C. ·R~d· Rolland AL50 PRESEN1': william J. Reaqan, Clerlq James C. Giles, Pisc"'l Officer; rlaureen '< en yo!'! , f)eputy Clerk~ "7en Cuyle!', Assistðnt County Attorney; ronald B. Lusk, County Manðger~ ~eil Dorrill, Assistant County Man"ger: Pa~ Branqaccio, Deputy Assistant County ~anaqer~ Vickie MUllins, Community nevelop~ent Administrator: Ann ~cKim and qarbara CacChione, Planners; nave Grisco~, Public Works Administrative Assistant; John 11i'!di'!1ewsld, Utilities Director of ~nCJineering1 Tom Crandall, Utilities ~d~inistrator; ~ancy Israelson, Administrative Assistant to the Board: and Deputy Chief Ray 9arnett, Sheriff's Def)IHtment. ~ . , ~ 092 'Ac£2{J7 Pa"f! 1 --~....".."...,-- __.__ 1. _....0""'.....-""-..''''''''',''....-.-.''.,,... '" a. 092~:JJ4 Februuy 25, 1986 the sense of the oper'!ltion, to which IIr. Griscom replied affirmatively, adding that they ~1i11 be more cor:¡patible with thc de',elor-ment plan. Commissioner Voss moved, seconded by Commissioner Goodniqht and carried unanimously, that the public hearinq be closed. Commissioner Voss moved, seconded by Commissioner GOodnight and carried unanimously, that Resolution 86-32 re Petition AV-84-025, Westinghouse Communities of Naples, Inc. requesting vacation of the 12' wide drainage easement., Block "E·, Pelican Bay, Unit 4, be adopted and that the final plat of Pelican Bay Unit Pour Addition be approved. IDIE : A GRANT OF EASl-fNI' WAS ACCEP1ED BY 'mE FOARD OF COlNlY CXM1ISSIOOERS 00 FEBR/JI\RY 25, 1986 BY RFSJWrIoo 86-32 AND RECDRI:ED IN OR BCa<: 1100, PAGES 1175-1179 OF TIŒ PUBLIC .RF.CœrS OF CIXLIER CXXNIY, FLORIDA. AND IS 00 FILE IN 1HE OFFICE OF TIŒ a..ERK 1'0 TIŒ BOt\RD. " .,' ;,' I Ú!. ð.:; 'i... , ~. j , .~ f, ." r. , ! ,:,..~ I'aqe 3 - - - _,..."......~...__'O'" ",."..""._.,,~,.._. ,r.,,",,.,,,, ~"M""'''~_, "'--_.._-~.._--,----, - - .. Item 14 February 25, lqp~ RESOLtll'ION 86-33 RE PE'I'ITIOIl PU-86-2C, SUN AQUAFARMS, IRC. REQUESTING PROVISIONAL USE "ID" OF THE A-2 ZONING DISTRICT FOR AQUACULTURE _ ADOPTED WITH STAFF RECOMMENDATIONS AND THE STIPULATION THAT PRESENT COUNTY ORDINANCE RE EXOTIC FISH BE ADHERED TO. EXOTIC FISH ORDINANCE TO RrMAIN AS IS - APPROVED. WORKSHOP TO BE HELD ON TILAPIA 3/4/86 Pl~nner ~cri~ stated that the obj~~ti'le of this petition is to obt~in pro'lisional U9~ "m" of t~þ ~-2 district for ~~U'!lcultural purposes to raise fish. She stat~d th~t the propp.rty is approxim~tely 5 acres cast of ~.~. ~5l across the canal at the end ~f ~lst Avenue, S.~. anrt lands t~ th~ north, e~st, ~nd south are toned A-2 and u!1r\evelooe~ 'nd ll\.n~s to the west arC! zon~ð 1=;-Lsti'ltes with SC.3ttered single-fn~ily hom~s. ~~ indicated that t'he petitioner pro~.es to rai3p tilnpi~, which are consirlp.r-.r\ "In "exotic fish" and can be harmful if introrlucerl into local "aters. ~p. reoorted that there has been no prooosal at this ?Oint to amenrl the exotic fish orrlinance which does not allow tilapia, and therefore, they will have to abide by the exotic fish oròini'!nce which is in effect at this ooint. She noted that Staff an'! all County agencies re'liewed this petition and recommended approval subject to the stipulations found in the P.~ecutive 5u~mary. She stated that th~ CC~C helrl their public hear inn February ~, 198~, and based on their Finr:!ings of Fact, the ~lannin~ Com~ission unani~ously recommended forwarding this petition to the qoard for approval subject to the staff stiDulations with the chan~e to Item -e- which should read that the proposed aquaculture shall abir:!e with the County's exotic fish orrlinance and if that orA.inance is chan~ed, they will abide by whatever is am~nded. She state~ that Sti9ulation -h" is replnced with the verbaqe that "the '!I~cess pro~lem shall be resolved prior to the Roard meetinq as the Petitioner is proposing accegs through a gate-, She stated that this is in relation to access to the can'!ll for water ManaQement purposes and this has not yet been resolved. She stated that another change is that Stipulation "b" is deleted. She reported that no corre8pondenc~ has been received regarding this petition and at the CCPC public hearing, one adjacent property owner spoke against the petition regarding the access pr~blem. She noted that the recommen- .lation is for approval subject to CCPC's recommendation, noting that the access problem is still unresolved. Co~missioner Pistor stated that the exotic fish ordinance prohibits importin~ of tilapia in this County, but it does not specify which type of tilaoia an0 accorñin~ to sOme of the ~tate rules, some of ¡OO~ 092 PAGE 313 Pace 4 ." '~'."~'_"'*'''''''''__"",->o,,,.,,,,_...,,,,,,,,,,,.,..._, _":1" _,,""",u."',.._,..-__...,_<~_,_.. IfOC 092"A';{31~ FC!hruary 25, IIJ0!\ the fish arc restriçt~d and others are permitted in ccrtain areas. Natural Resourc~s ~~naaemcnt rircctor Proffitt stated that ðll the species of the genus tilapia are excluded hy the County ordin~nce. CommiA5ioncr Pist~r st~terl that unrter th~ ~lorida Ga~e anrl Freshwater Fish rules, there ðre three ~inds o~ tilapia that are restricted. Or. Proffitt 5tat~d that the State permits the aquðculture of tilapia unñer certain restrictive conditions, but after havinq workshops with the EAC on this matter, it was determined that where these fishes have escaped, they could cause ecological problems by qoing through ð rapid population e~plosion as they are a very a~gres- sive fish and could possibly outcompete thp. ~aples fish species and replnce then. ~a stated that the consensus of the EAC was that if the fish were brouoht in to be cultured, they would probably end up in the County waters. ~e st~ted that blue tilðpia exist in the County waters no\~, but the red tilðpia is " hybrid which is "'hat the petitioner proposes to use and does not exist in the County wat~rs at this time. Fe stateñ thi'lt they conpete with other fish for food or n~sting sDace, ðddino that they also diq larqe holes that disturb the habitat and interfere with the nesting and reoular lifestyle of the other native fish. In answer to Co~missioner Hasse, Dr. Proffitt stated that some of the different species feed on different things, some are vegetarians and some eat insects, but they pretty much eat whatever is av~ilable. In answer to Commissioner Voss, Dr. Proffitt stated that Staff and the F.^C approved the provisional use exclusive of tilapia, adding that if they want a fish f~rm, they can use native species or shriMD. Commissioner Folland ouestioned if the purchase of this property was involved in anywi'!Y with reoarðs to the petitioner being erroneously told that aau~culture im allowe~ in the "'-2 district' Planner /~cKi \" st~te-:l t~at whl'!n the petitioner w~s in the planning sta~es for this activity, they as~e~ the Zoning ~epartment if aoua- culture was allowed in the ~-2 district anð were told that it was, ho\~evl'r, it ~Ias not. ~(' Ftat~ð that I'It the last lIIectinq, the I>.oard approved a zoning or1inance amendment thi'!t ðoes allow aqu~culture and mariculture as provi5ional uses under A-2 just like it alloWR provi- sional uses under A-I. She stated thilt t~'is amendment corrected the situation, ad~inq that they have trieñ to accommodate this petition as quickly as possible in the shortest time as possihle so that they are Page 5 - - - ."" "'..--~"~.,."..,. "."'-~'~'''''''''""..",",.",."..,. .. ""_.._-'"..."'""""'--.,..-......._~.".._.,.,. - - .. February 25, 1986 not held up any lonqer. Sñe noted th~t this ~id not involve the issue of tilapi~ or exotic fish '!It all, ad~ing th~t this was just with the zonina critcria allowina th~ ~~u~cultur~ activity as ~ provisional use. Sh~ stllt~ñ that any aqui'!culture h~s to co~oly with other orðinances, includinq the exotic fish ordinance. r.o~misgioner Roll~n(J st~teð th~t it seems that lh9 tilapia are allowed in the Stdt~ ordini'!nce but not in the County ordin~nce. ~r. ~~vin runan, Petitioner, stated th~t the ~t~te ordinaoce restricts all specie~ of tilapia 9xcent three, which are the hornorum, mossamhicus, and the aureU5. H~ st~ted that the type of fish that he wants to raise is a hybrid of the aureus and is allowed within the r,a~e Commission regul~tion3. P.e st'!lted that the tilapia th'!lt Dr. Proffitt has been referring to with the explosive population and the aggressive mouth hreeder is the :;potted tili'!pi;) '"hich is a prohibited species that the G~me Commissioner does not want within the State. He stated that there is ~ specific license and per~it ne~deð from the G~me COmmission. Commissioner Goodnight stated th~t the Florida Game and Freshw'!Iter Fish Com~ission re~ulates this on the State level, questioning if the petitioner was qiven permission to do this would they have to abide by all the ~tate rul~s? Dr. Proffitt indicated that they would have to abide rules, adding that they are proposing a good state of the as it will be entirely enclosed with above ground tanks. that he is concerned with the i~porting of these fish. Commissioner Goodniqht stated with regards to transportation, any fish farm that is transporting these fish across County lines could hdve an accident and there is a possibility that these fish would get into the County waters that way. Dr. Proffitt stated that transportation is only one way that these tilapia could escape, adding that if there were such fish farms within the County, there would be greater frequency of transportation through the County. He stated that there could be storm events, disgruntled wor~ers, or accidents that could cause escape of the fish. 1 ~r. nuqan stated that the probability of these things happening is pretty remote. He stated that barring an act of God, they will take every step possi~le to prevent any hUm~n error. Dr. "roffitt stðt~d that he approves the provisional use for by all the art fad 11 ty He stated aquaculture but not tilapia. Commissior.er ~olli'!nñ stated t~3t a lot of fish are moved from one ;;: 092 ..~r 315 Pa'le I; _~'e.'_....,,,,.,,,,,..",, "--"~",.,.".---...""-,.....".._~,,,.-". aoo« 092 pv..¡: 316 ~ehru~ry '5, lq~~ lake to another by birðs, adfiin~ that if the fi~h are in LP.e County nnd they are in Dade County, there is nothinq to prevent ~hem fro~ comina into Collier County by way of a ~ird. Tàpe .2 Mr. ruryan gave a slide presentation givinq '!In ov~rview of aouaculture in general and the propo~~d facility that he pl~ns to build. He stated that the reason th~t this fish was chosen is because of its proven ability to be cultured in an aquaculture system, adding that they are hardy, easy breeding, fast growing, hiah ~uality meat and popular throughout the worl~. He stated that he is proposing an amend- ment to the exot i c fí sh ord i n"nce a llowi ng the three speci es of hybr id tilar-ia for a'1uaculturll] plJrpos~s only. He nott>ñ that everything is strictly regul~ted ~nd the Game Commission must be notified within 30 days of where i'!nd how Jive tilapia will be transporteñ. He noted that he is oronosinq to ~uílè is an inòoor facility. He stated that tilapia is only the first phase of the cper'!ltion, adding that other types of fin fishes ~ill be crown as well as shell fish, a~uatic plants and various agricultural crops. Co~missioner Pistor questioned what they are called when they appear on a menu in a restaurant, to which ~r. Dugan indicated that in Palmetto, Florida, th~y are called cht>rry snapper and in Dade County in a fish market, they are beinq sold as St. Peter's fish. He noted thftt these fis~ came from Jsrael anð they are the most leaòing country as far as aquaculture of tilapia. Ilr. nuqan state" that accordin'J to the Cûm"! Commission ðnd the ^quaculture Office in Tallahassee, they cannot be sold unless they are called tilapi~. He noter:! that he does not want to see tilapia in the canals as there is no b~n~fit to it. but there is a benefit to raising food. Mr. Michael F.dnoff of the ~lorida Cepartment of ~ariculture stated that he is vcry supoortive of the a~uaculture program and the potential that there is wi th reqards to nro~ring fish for foe" in tha ~tate of Florid~; that h~ is in favor of t~is far~ farm in order to grow til~pia and that the tilapia is the most cultured food fisn in the world, adding that they produce a lot of protein. He stated tñat the ~awe Commission has excellcnt ocrmittinn requirements. He not~1 that Sun Aauafarms have a state of the art system proposed, adding th'!lt if they build it the same way as it is designed on paper, there will not be any problem with permittinq. ~e noted that the tilapia are in the cðnðls Page 7 - - - ',--..._...,._-~-- .. .. .. Fobru~ry 25, 1~A6 and there is no threat to th~ environment. He statp.d that he helieves the renu~st for thi9 fish farm ~hould be supported. Hr. ~o~^s Linn of ~un ~auafar~. stated that he would li~e to expr~RS hi3 th~n~~ to th~ Co~~ission for devoting time to deal with this matt~r. ~e stated that ~taff hðs taken a conservative app.roach to this matter. He reporte~ that this fish is heinq raised 311 over Flori~a and they would like to he able to rl!ise them in Collier County an~ th~t they will abid~ by all regulations to set up suc~ a business in this County. '·1r. T<;!d "elo~', vi-:e Q1airl'1an of the 1"Jl.C, stater! that ,1IIn ordinP.lnce WIIS dr~wn ur aqain~t ~xotic fish and til~pia was one of those fish. He stated that therp. have been many meetinqs held by the F.AC on this matter and they are unaniorously for ~alJaculture but unanimously against allowin~ tilapia is Collier County. Tape .3 Hr. Below stated that it h,1lls been indicated that the tilapia will not escape into the Environment, adding that there have been 19 fish farms using tilapia in the State an" in all of them, the tilapia have escaped and there is always hu~an error. He stated that ~here is a good proha~ility that this fish ,~ill get into the County's natural environment and could get into the salt water environment and impact the native fishes and the sport anr! commercial industry, thereforp., he is against the petition. Mr. r;eorge Keller, President of the Collier County Civic. .r;', Federation, stated that this fish farm is not wante~ and should not be approved. Commissioner Rasse moved, seconded by Commissioner Voss and ~arried unanimously, that Resolution 86-33 re Petition PU-86-2C, Sun Aquafarms, Inc. be adopted subject to the Petitioner's Agreement and the Finding of Fact and the present County Ordinance re exotic fi.h be adhered to. Commissioner Rolland moved, seconded by Commissioner Ha..e and carried unðnimously, that the exotic fi.h ordinance be left a. it i.. ..... Recess: 10115 A.M. - Reconvenedl 10125 A.M. ..... Tape '4 Commissioner VOSS mov~d, seconded by Commi.sioner Goodnight and carried unanimously, that a workshop regarding escapement of tilapia in an enclosed farm be held on March 4, 1986. .oo~ 092PA(,[317 paqe 8 ~'1'.< + ~., . 1 ~ j ~ ;,~ ¿(JI I·~.:·.· It, , , .. . ': ï" . ~. ¡ ....0 ,".' .. .. - February '5, 19R6 Item .5 $5,000 FOR A PRIMARY CARE SERVICES STUDY FOR COLLIER COUNTY _ APPROVED Dr. Polkowski stat~d that this is a request for 55,000 from the qener~l revenue to ~s9ist in t~e funding of a plan for pri~ary care services for the indi'Jent ~nd migrants of Collier County. She st'!ltec1 that ßin~~ the end of last year, there has been a pri~ary carp. planning 'Jroup whi~h has been ccnposed of representatives of various agencies and qro\J:')s "lÍthin thE' t:ounty, ·"hic'! inclur!es th"! H030itfll, t~e r~edical Society. the Collier Health Services, the Health !)epartr.lfmt, the County 111\nð<1f?r's offi~e. the Poðr<i of County Co...mbuioners, t'he District I'! f!()alth Council. tHe Leaque of \:or:¡en Voters, the Pec1I'\ntJ ChristL'!n Migrant ~sßoci~tion, the r.rowers ~ssociation and the P.P.S ~e^lth Program Office. She stûted that this group has been meeting to address the problems relating to orimary care services for the indiqents an~ the migr~nts, which are an increasing population i'!nri are likely to increase "'ore '''ith the gro'<{in" industry OVp.r the next several years. Sh'! stated that there are prohlems now with the delivery of this care and they will 'Jrow in ti~e. ~e reported that they had a representative from the Dunbar Associates that proposed to develop a plan which would be used to try and ac"uire primary care ...onies from the ~t'!lte, adding that it looks like there will be additional monies from the State for this pro?ram in the coming fiscal year and it would be helpful to be in there early with a plan which could be used to try and acquire those monies I\~ '<(ell as to deter"'ine w'hllt the existing resources are and i~~rovino the servi~~s with what existinq resources are available. She IHated th,1t the re"resentative from Dun':>ar Jlssociates proposed to do this for $20,000 ~nd the 9rouP à~cided that everyon~ would contribute and there hnve been several commitments toward that cost from the Hospital. th~ Medical 50ciety, Collier Health ~ervices, the Health repart~ent. the ~istrict 3 Health Council, the Redlands Christian Migrant Association, the Growers ðnd the private business community of Immokalee. She stated that she is asking that the Soard of County Commissioners contribute 55,000 toward this plan. Commissioner "085 t7u"!9tioned what primary care is, to which Dr. Polkowski stated that it covers from birth to old age, which includes the prcvention and carinq for the sick of all aqes. Commissioner 'Toss indicateù that he and Ço~miS8ioner Goodnight have been on this cornnitt~e and fully supnort it. - . r.ommissioner HQlland stated that he has discussed this matter with lOOK 092 PAGE 323 paqc ') >"~--=~""'" "" ....._,.,-----.;>",,"",.,;..,."'.,,"~,~.."'-,....~"'--,,<,_..........., :: 092,,17.324 FebrUHY 25, It;>f1¡; Dr. Polkows~i ~n1 he fecls t~nt the County has an oblig'!ltion to provide such services an~ he toti'!11y endorses it. County ~:an..)qer Lusk stated that the Board is cOlI'mitting to ð study only. Co~missioner HOlland moved, seconded by Commissioner Goodnight and carried unani~ously, that $5,000 be contributed by Collier County for a primary care services study. Itell .6 BAILEY LANE PETITION FOR SANITARY SEWER ASSESSMENT DISTRICT _ ACCEPTED. UTILITIES DIVISION TO NEGOTIATE AN INTERIM SEWER SERVICE AGREEMENT WITH THE CITY OF NAPLES FOR THE BAILEY LANE AREA AND TO TAKE NO ACTION RE PETITION UNTIL INTERIM SERVICE AGREEMENT IS APPROVED BY CITY AND BOARD Utilitics ~dministr~tor Crandall stðte1 th~t he received a ~etition for sewcr service on ~ailey Lane, adding that t~c only sewer ilv3il"hlp is fro!!' the City of Naples and he is asking for authorizðtion to ncqotia·c ~ith the City of Naples for interim service ßnd not to ti'!~e any other action until they ~et the a~reement from the City. County ~anager Lusk questioned if these peoplc receive service frol!' the City of ~:~j>l('s ~,il1 they ultimately pay a double it:'lcact fee, to ~hich Mr. Crandall stated that this woulð have to be worked out in the ð9reement and brought back to the ßoard. Commissioner Voss moved, seconded by Commissioner Hasse and carried unani~ously, that the Bailey Lane petition for sanitary sewer assessment district be accepted and that the Utilities Division be ðuthorized to negotiate an interim service agreement with the City of Naples for the Bailey Lane area, but that no action be taken regarding the petition until the interi~ service agree~ent is approved by the City of Naples and ~he Board. Item .7 CONSOLIDATION OF DEPARTMENTS WITH DIVISIONS UNDER COUNTY MANAGER'S AGENCY - APPROVED. BUDGET OFFICE DISCUSSION TO BE BROUGHT BACK 3/11/86 County '·~.1na( '2r Lusk stat'!:d that almost two years ð,:?O, the County went throuoh a miljor rearganiz~tin of his division and his departments and he is now askino for approval on mostly housecleaning items. He stated that he has? couple of depart~ents that do not ans~er in any division ilnð he woul~ like to put them in the proper place in the organization, adding that he would like to do things in the Utilities Department that is beinq done in µrðctice but hß would like to put in the organizational chart. He stated that he would like to ftdd a Page 10 - .. - ..._--"~ - - - Fp.bruary 25, 19~6 position in the Perso~nel Office which was eliMinated about a year ago. He reportl1rJ that he would Uk'! thO!! Facilities Ml.lnager's position un"er thE' Puhlic \'Ior!-:s Adr.linistr-!ltor. Com:nissioncr !1oll~nd stðtp.d that he WIIS of the opinion that when a P-udqet rirector Wi)3 hirer¡, thðt she would IInS'.4er to the Roard, "dding thllt he fe~l!'l thllt this should be done beCðlJSe it is not oossihle for a Buè.get Director to work under /I County Manager or Constitutional Officer without sOme conflict. H~ stated thl.lt the ~udget Officer is Asked to approve or disapprove a re1uest from the person that she is wor!-:in0 directly under. County r~ana'7er Lusk stated that the nudget Officer is not asked to approve or disapprove any matter, adding that she is asked to advise on bud?et rnùtters. 'Ie stated th'!lt when shc W'lS hired. the nO'!lrd I'lade the decision to put the ~ur¡~et ~irector under the County ~ana~er. He statcd thllt he feels that the 3udget Director should be left just as she is. ComMissioner 4011and stated that he would feel better if the ßudaet Officer i'!nswered directly to the County Commission. Commissioner Voss stated that hc does not disagree with Commissioner 4olland, ~ut during the interviews for the various applicants for the job, they all said they would prefer to work for the County ~anager instead of the the Board. He stated, however, the Budget Director should not re?Qrt to the Commission, but should report directly to the Chair~an of the COMmission. Commissioner qollllnd stated tnLt he would not have any arqument ..ith the Rudget Officer answering to the Chairman of the Commission. Commissioner Holland stated that when County Manager Lusk came here. he wAnted to !-:eep Purchasing and Personnel under his direction totally and no~ they will b~ reporting ~o SO~eone else. County Manager Lusk stated that he originally started his career out as a Budget Officer and it is difficult for a 5udget Officer to work for an elected hoard even if it is to report to just the Chairman. He stated that it makes it difficult for a staff level person like a Budget Officer to handle this. He noted that it would take a lot of ~ressur~ off him if the Budget Officer did not report to him, but in a professional organization, the qudget Officer should report to the County I<ani'!qer, not the policy-making bol'!rd ot' the Commission. Commissioner ~ollanrl stilted that there are many thin~3 that the Rur.~et Officcr could ?ive aòvise to the Commissioners on without having aooc 092 PAG( 325 Page 11 .........._.~Æ"··""""'..,."'.""O.\_,,.~.........."....H~',~'..·_ .".~" '. ".,"" ..,_ lOOK. 092 PAr,r 326 ~ehru~ry 25, I~P6 to ~o through all the for~IIlitiès that they nor~ally have to gO through. He 3t~t~ñ that h~ feels it woul~ be ~ore ~roðuctiv~ if she worked directly for the Commission. Commissioner Voss stated that even if the ?udget Officer worked for the Chùir~dn, it pro~ably would not work out because she would still pnd up having five bosses. Co~~issioner GOodnight stated that she a0rees with Commissioner Holland about the Budget Cireotor, but she sees problems with her being put under the County Commission because of the job security. She stated that once a year the Chairman is changed and the PUðqet Director oould be ohanged at that time. too, if it is left up to the Chairman and she has to report directly to him. She stated that she would have to be put under contract. County r~anaaer Lusk stated that a County I~anager or a County Attorney works for a five member board and they get hired or fired, but a Budget Officer is not in that same category, which is something thnt needs to b~ considered before anyone works directly for the Board. He stated that a Suðget Officer is not a ?Qlitioal job, it is a professional job. Commissioner Holland stated that the Budqet Officer does not make the decisions, s~e ~akes recommend'!ltions, that's all. P.e stated that if the 9udget Cirector w~rks for the County ~anager and comes to hi~ with a budget recom~en1ation, she is not going to be too argumentative with her boss regarding what he suggests or does not suggest. County Manager Lusk stated that a professional ßudget Officer needs to get out of the business if she cannot give her advise the way she sees fit, adding that the only way she would be fired is if she dið not tell him som~thing, which is the whole point of a professional position. He stated that Y.anager's tell geople what they want to hear not Rudget Officers. Commissioner !lollanð st'!lt<:!<1 t1-.at he fe(!ls that ~he CO"1lT'issioners ñre responsible to the taxpayers as far as the bu~get is concerned. County 1Allna'}er LUSk stated that if the Comr.lission decir!cs to put the Rudqet Officer und~r them then he would need a position of P-udqet Analyst created in order to prepare hudgets to present to the County Com1l'ission. In answcr to Co~rnission~r HOlland, County Manager Lusk stated tha~ if this is the way the Com~issioners want to go, then one of the people in the budget office could be moved into his ~epartment to be his Paç¡e 12 - - - ,.,~.""~,"-",,,--",- ,... .... --"','-.....,...,.,''''''''"'''''"..",,-..--''''''''.,..''., - - - February 25, 19~n Budget Analyst. Commissioner Voss stated th~t he would like to think about this matter further. County Manftqer Lu~~ st~ted that the recommendation b~fore th~ Ao~rd does not aff~ct tn~ ~ud1et Officer. Commissioner Voss moved, seconded by Commissioner Goodnight and carried 4/1, (Commissioner Rolland opposed), that the consolidation of departm~nts with divisions under the County Manager's aqency be approved. Commissioner Pistor directed that some study be given with regards to the Budget Off~cer's position and be brought back in two weeks. In an~wer to r.o~misGion.r Holland, Alsist'!lnt County Manager Dorrill stated that there are three secret'!lrieR in the Facilities Der~rt~.nt and there is only a need for on~. He st~ted tnat given the number of small departments and the number of existing secretaries that could effectively he eliminated, it was felt that one anð one-hðlf pOsitions could he eli~inated. Tape .5 Item .8 RFP'S FOR ARCHITECTURAL SERVICES TO DESIGN A NEW COUNTY COURTHOUSE AND APPOINTMENTS TO CONSULTANT SELECTION COMMITTEE APPROVED. Co~misRioner Plator stated that this is a recommendation to in3truct Staff to adverti3e, receive and evaluate a r~guest for proposals for architectur~l services to design a new County Courthouse. He stated thllt st3ff is reco~mending that Commissioner Voss, Judge Brousseau, George Varnadoe, Charles Bell, Ski~ Camp and 9ill Kysar be appointed to the selection committee. Commissioner Holland moved, seconded by Commissioner Hasse and carried unanimously, that the RFP's for architectural services to design a new County Courthouse and appointments to the consultant selection committee be approved. Itell! . 9 ROtrrINE BILLS - APPROVED FOR PAYMENT Pursuant to ~esolution ~1-150 the fOllowing checks were issued through ~riday, Feb!'ui'!rv 21, 1996, in ?ayment of routine bills: aOOK 092 P.lG£ 327 Page 13 ~:-. ~ "·...___,,~"'_._'_m..^"'"_''''' ·_"""'_··,____""...,..._..__.b'. ,. ". ""'--'-'''''''''~'''~-'-'~''''''''''''''''''"^''''.'''''~ ""',,_._..,_"'....Y'~ ,.",''''.."''''__'''',Iò-..-.....'"_''..."_'...........'"''_''''"..,,,._../....,.,,.,,~.,;,,..',...,..,., ..,.~._..._,- - - - February ?5, 19P,6 that if it is the ~leasur~ of the ~oard to proceed with those two projects, then the bonds that could be se~ured with the race track money should he sold as quickly as possible. sell the approved bonds on the hils i 5 of the 5a I es tine i ncrcl1 sa, and put then toqether and 'Jo forward with hoth project~. Ue stl1t~ò that he hils been IIssured by Shelter ~eaql\te Cor~oration that if the County is qoinn for~ard with the boardwal~ and is prcqrcssinq well they would extQn~ the deadline. Co~nissioner "Istor stl1t~d that ~heltpr ~eaqate ~oul~ build the boardwalk instead of the County. Con~issioner Voss sti'!ted that it would be quick~r if Shelter Sea9ate Corporation did it as a turn-key operation rather than the County ~oin~ throuch all the necessary orocedures. Comni ssioner 1!0ll>:lOd state'" that County !\ttorney Saunc!ers was to report hl\c~ this wee,-, notina thllt h~ spoke with ~r. Saund~rs the previou3 day and was told that he had spol<en '"ith 11r. Aaron and that Shelter Seaoat~ Corporation had aqreed to contribute $125,000 for the construction of the boardwalk in lieu of the boats. :'r. Pich.~rd .~aron state~ thi'!t the numbers work out to $206,000 for the beach facilities, which include a number of the docks that they do not have to build, añdino thi'!t he does not have the exact number. Commissioner Voss stated that the estimated cost of the parking lot is ~7.00,non and S7.0h,OOO h'!ls heen set aside for the construction of the beach facilities anñ the docks. Mr. Aaron stated that the last fiqure was around $112,000 and not SI25,OOO. He stated thi'!t <;helter Seagate Corporation would extend the deadline if the County ~akes a decision this date. Commissioner Holland stated that his feeling is still with the 5125,000; with th~ $5PO.000; wit~ th~ $~33,000 that i~ ~ark~d for Clam Pass Par <:, with the 575,000 left over from the Macilvan~ fund, t~.'!rp. would be in excess of Sl.l million to build a boardwalk. He stated that h'! feels that the two projects, the Clam Pass Boardwalk and the Justice Center project should be kept as se~arate issu~s. Commissioner Voss stated that he feels that both projects should be dona promptly. aññino that if the funñs from both bond issues are put together, there would be more flexibility. Commissioner µolland state1 that he woul" like to see action taken to go out for biñs for the boardwðlk. Commissioner Voss state~ that bids could be ready in about a week, then they are añvertise1 and that ta~es a month. and then the contract &OOK 092 mE 3'29 Page t5 "-~""'"'~~'-""- .""~,-"."....~,....,, "',," ,OM: 092 PA~E330 , reÞruary 75, 19~6 is let '!In1 th~n ~ur:l~er hð~ arrivc~. I\ssi5tant Public \-'orks 1'.dr:dnistr-lItor Griscom stat"!ð that notice to rroce~d should be ~~y 5, lq~6. and then whlltever time the Contractor would need to get starte~. Co~missioner Voss state~ that the estimate for completion is arou!ld 9 months according to public "'orks Aèr.1inistrator !Cuck, aðding that if the Roard choo~p.s, they can make lIn arrangement with Sh~lter Seagate Corporation to ma~e this 11 turn-key pro~cct and they do the boardwalk, the beach f'lcilities and the parking lot 1111 togeth~r. He stated that this could cut off time with regards to the completion of the boardwall:. Fiscal Officer Cilp.s stated that there would have to be a contract as to whi'!t is going to be p~id. Commissioner Holland stated that he does not think that there wúul1 be that much difference in ti~e between the County building this boardwalk and Shelter Corporation huilding it. Co~r.issioner Voss stated thllt all the permits have been received excep: for one which is from the Coast Guard and they have assured the County that this permit would be in hand by 1·:arch 15, 1986. He stated that he does not care whether the County builds the boardwalk or whether Shelter Scag'lte Corroration huilds it. Commissioncr Polland stated that if this is approvec1 to 00 to bid this date, the roncy is available and the balance of the money could be obligated for the Courthouse. Comr:lissioner !"istor st~ted that he has concern with the agreement with regard to the boardwalk being completed by October I, 1986, adding that if there is an aorcement with ~eltcr Corporation to do all the work as a turn-key nroject, then there would be no problem with the deadline. Tape .6 In answer to Commissioner Pistor, ~r. Aaron stated that they would have to qct the plans finished, which would take aÞout 30 davs. ~·r. Gary Carlson, ~resident of ~elter ~eagate Cor~oration, stated th~t he \~ould like to nlay whatever role is positive and constructive, adding that if th~r~ is a turn-key role, he could play th~t role. He stated that there have b~"?n '/iuyinn discl'ssions regarding this bol'lrd- walk and if the turn-~ey type operation raises concerns, they would be willing to adjust the October 1, 1986 date. qe stated that his concern is in making substantial progress, adding that if construction has not Page l6 - - - "--,....''''...._,_...,_'''..''''~...,~_,c T" ...._'Ii\__,,~ ......_------........,~--_._",..~~_.,,',.," - .. .. F~bruary 25, 19P~ started by Octo~p.r 1, 1985. th~t is ^ real problem for t~~m. COr:1r,dssion~r !!ollo'!nd ",uestion~d if hI.! is in a position to say th~t She Iter Seé1ga tP. Cor 'X)ra tion 'liOU Id take froM th~ County on.! mi lli on å'Jl1drs ~nr] h11ild II !:Jo-3rrl"'-31k ~nrl the other fi'!cilities, tt") which Mr. Cllrlson rerlled np.g~tivp.1v, a~ding that it ~as not been ð~siqne~ enough to say th;¡t. Co~nission~r ~011;¡nd stat~~ that his intention is to get th€ boardwal~ started IInd he feels comfortable wit~ the knowledge that Shelter Se~oé1te Cor~or~tion will extend the October 1, dea~line if construction has ht'en substantially started 11e feels the County should 00 forwlrd 'lith it. Commissioner Voss sté1tc1 that there are two wavs of doin~ this: one iR to ~o witr the normal proce~ures, advertise for bids, select the contrl\cto~ IHld tell "i~ to f)roceeð 'lnð th~ 3ccond Wi'\Y is to tell Shelt~r Fcaqate Corporation to do it and here is the monev tho'!t the County ~;¡s IIn~ they make up the r:!ifference. fisclIl Officer r,iles st-'!ted that the County Staff should follow normé11 Qrocedurp.s as it would be least complicated since tine is not of t~~ ~ssll!nc~. IAr. ('..rlson stater! thi'!t with th'! turn-\;ey operation, things would have to be discusse~ as to what the turn-key process would be and some ti~e may be lost ~uring the nrocess. 'T"1p. followino ¡"eople spo":,! in favor of proceeding with the Clam PlIS9 f1oar1'.'/al\:: r~vid ~ennett, r.or~sentino Dark Shore Association Geor~e Keller, representing Collier County Civic Federation J!¡¡rlin Tall~y, repres'!!ntinr:r Golden (;ate f:st3tes Civic Association Retty r:;111asic'~, r'!!presentin'] the Lcùc¡ue of Ivomen Voters Commissioner Voss state1 that if there is an overaqe or underage in one of tl,e t,~o funòs, it is difficult to r.1ove the money back and forth, which is 'Ii"¡Y he is reco~menrJing t!1at the two projects be put tooether in the slime funò. He stated that he recommends that the Commission go aheðd with the boardwalk, but the money for both projects should be put into one i'!ccount. Fiscal Officer Giles stilted that if the Commission does go through with this project usinr:r racing money, that can be loaned out with the local ban~s hecause of the small d'!no~ination and avoid th1 cost of issuance. He st-'!ted that one thing to consider in tying it with the Courthouse funds, is that because of the way the new l'!lw stanòs, the County "¡as to spen~ fi~e nercent within 3" ~avs anð then the balé1nce lOOK 092PAcr3'31 !'aqe 17 "~'.' -....,. ...~"'....~""'~.._,~_....",'~.,.,"'.., aOOK' 092PA~(332 Februðry ?~, 19~~ has to be spent within thr~e yeÐrs and if the current caoital fun1~ ~re not exhaustc~, this issue could not be moveù a~~~~ of them. He stated thôt there may be a proble~ in ~oin? this with the way the la~ is written. µe stated that the other funñs on the Courthouse may have to be exhausted first. Commissioncr Voss stðte~ t~at he does not see ~ny proble~ with exhôusting thc previous money. Com~issioner Pistor stated that it can be borrowed in such a way that it can be used for the boardwalk and other capital improvements. Fiscal Officer Giles stated that the County could wait for the bids to determine the exact cost and then borrow the ~oney. He stated that the bonds coul~ be s?ccified what they will be used for. Cler~ Reagan stateri that in the past bond issues, it shows that a Criminal ~usticc Centcr plus other facilities w~s going to be built. Fiscal Officer Giles stated that the money c~n he borrowed when the project is approved or once it is needed, 3dding that it will taKe òhout a two ~eek turn-around ti~e. Commission",r Hollllnr f"lu"'stioned if Sheltnr ('orooration woulð hold the County to the October 1, 19~6, ~eadline as lon~ as thp.r~ is considerahle procrcss Made on the construction of the boardwalk, to which Mr. ^aron replied t~at Shelter Corporation would not hold them to that dCi'!(!line. Com~issioner Polland Questioned if they aqreed to ~lOO,OnO plus whatever the contractor says the ¿OCKS would have cost on either side thðt will be donated tow~r¿ the construction of the hoardwalk, to which Mr. ^aron renlied affir~atively. C07!'.missioner POllann nuestioner1 if rlr. }\aron liould give the County a letter to this effcct, to ~hich he replied affirmatively. Commissioner Holland moved, seconded by Commissioner Hasse and carried unanimously, that the $580,000 fro~ the Pari-mutuel Fund, the $333,000 from the Clam Pass Fund 302, $201,000 from the Golden Gate Canal Fund 301, and what is contributed by Shelter Corporation along with the Macilvane Beach Improvement be used to proceed with the :lam Pass Boardwalk. Commissioner ~istor stated that the County neeñs to borrow the money for the Justice Center to proceeð with thùt project. Fiscal Officer Giles stated that the Poarð shoulrl be more interested in reqisterino its intent to issue additional money when the existin9 funñs are ex~~ust~d so th~t the passaq~ of the new law does Page 18 . - - - ..._-,-_._-~- ."-",,,-,...,;,,",-,,~_..,,_.,._.~ , IØOC lJ!J~PA~r~'~f) ITEM 112 February 2~, lq~r, NOTARIZED SIGNATURES TO BE OBTAINED FROM ALL 54 PROPERTY OWNERS AGREEING TO HAVE THEIR PROPERTY ON GOLDEN GATE PARKWAY REZONED AND THEN PETITIONER MEET WITH PLANNING DEPARTMENT TO DETERMINE WHAT CAN BE DONE WITH THE PROPERTY ~r. Daviè ~rahll~, Pp.~ltor, state~ that he had pr~~arr.ð the site plan for the 54 lots on Golden Gate Parkway that the Board asked for at the meeting of Fehru~ry IB, 1996. Pe stated that the positions of the Parl(way Rczonp. CO!l'rnittcp are that duplexes on a major highw~y such as Golden G~te Parkway are not feasible, that they are unsafe for the growin? number of young children livlnq there, and t~at they are unsightly and a Great detriment to the com~unity. He stated that the three guest ions t~at are necessary for the Board to answer are ~hether or not the Board aGrces ~ith the basic positions. dop.s the 2oarf. concur that liQht use com~ercial is a better lan<'l use and if not, ~~at direction would thc Poard li~e the rezone committee to ta~e? He stated that beforc consideration of the site plan these ouestion£ need to be i1ns·..,ered. Com~ission~r Distor stated th~t the Commission cannot rer.onc a 9crson's property without the owner reauestinG ~uch. /1r. Grah~~ stated th~t he has this reauest in writinc from most of the owners, añèinq that he c~n qet notarized statements from every owner if this is what th~ Commission wants. ~e stated that he wants to know if the Roðrd feels that they are moving in the right direction by ~eeping multi-fa~ily off Golden Gate Parkway. ~e stated that this issue could be sent cac\( to the CCPC and he could have th~ notarized statencnts from these people by that time, adding that the detnils could be wor~p.d out and then hrouoht back to the noard. ~~ statp~ that h~ h~s tried to sUbnit it to the ~tafE, but t~ey would not acccpt it. Pll1nner Mc~im st~te1 thH ~'r. Graha!:1 came in anS! spok~ with Staff, adòing that there ar~ pro?lems wit~ wh~t is heina crQPoseó as far as meeting the requireM~nts of thÞ Comprehensive Plan I]n~ zonin~ crit~ria. She st<1te-:J that in or<!er to st1hmit a petition to rezone or ~'T!O!!n" the Co~pre~cnsive Plan. there are processes that he has to go throu~h to ðo that. che stated al~o. that sionatures of ðll the property owners are needed as .well as site plans. Commissioner Passe stl'lt~d that the looKs of the property is the responsihility of the property owners and he has requesteð that these lots be insrected and issued a clean up crder. ~!r. Gr!1hùm stated that cherI! are out-of-state anñ out-of-country Page 20 - - - -.,-,,_..._--,""=,....,--.."'-, ...-- .. .. .. Fehruary '5, 19~6 Owners of some of this property which is a problem. He stat~d that Golden Gate ',¡ñnts to have a nice looking community. Pl~nner C~çchionp. st~ted thAt there arc sever~l requiremen~s for nr!ia'1borhoo-i coml\'lercil! I whic" i:; "/h~t this woulrl have to be ch'!lnged to und~r the Comprehensive Plan. ~e noted th~t th~ requirenents are that the pro0~rty ~e on ñ r~jor collector or arterial, th~t th~ property not exceed q acr~ß, that strip cc~~erci~l not he promoted, th~t the lower level orr:!er of gco1s an~ services he used, and that there be cOM~ati- hility with surroun1ina lan1 uses. She st~te~ th~t in reviewing this, t"er<' \~ere 1e';erðl. 'Ire,)! that r~r. Grahl'!:11 wl)uld hl\"''! nroblcms 1.1fth in r~<Iar~ to types of uses an~ acreage that is w'!Inted, as well as the compatihility 'Inri stri~ commerci~lization. She stated that it was suc¡qested thi'!t rlr. (:r.3hñm come in with an '1 acre PHr" for lir.1Íted type com~arciñl useq aod it miqht cOl\'lply. ~r. Graham stated that the property is 19.2 acres, which is the problem. In anS'dcr to Comm i ss ioner Hollðnr'!, Planner Cacch ione sta ted t'.ha t the new 3uidelines for the COl\'lprehensive Plan were filed with the Secretary of State on ~ebruary 15, 19Q6, and they are still subject to le~islative c'1anQes, but she does have a draft copy and there are major changes. Sh~ state~ th~t the re~uirements are specific in the criteria rule to 1evelop all the clements of the Plan, a~dinq that data will have to h~ col1ecte~ and ~n~lyzed and then hasically re-do the Co~pr~hen~ive Plan O'ler the next two years. 11r. Crah'l~ rcferred to i'! ~'Ir in~icatin9 the zoning classficiations on th~ ~roperty .~s be1.1g 11ulti-family, single fami ly and provisional U5"!S. ",~ note" that t;~é provisionðl uses are a t'ay Care Center and a Rectory for st. ~lizabeth Seton Church. t{~ indicated his idea of how the area should look if developeð with liqht use co~mercial. He noted that there would be landscaping and buffer areas and there could be parkin~ in the rear with only four access points on Golden Gate ~arkway which would be a lot better th'ln if all these lots were developed as sin~le family or m~lti-family homes. He stated that if this property is developed in the way that he feels it Rhould be, there would be houtiques, orofessional services and other compùtiable businesses, but no service stations, convenience stores, manufacturing, or fast foot restaur¡¡nts. !'e :Hated th~t over the next ten years Golden Gate will h3ve no problen absorhing thifi ~uch conmercial nroperty into its DO'-"Jlat ion. lie ::;tate,·] that there are 200 SC1Uare mil.". of lanr! in IOO~ 092PAC£3'37 ?ðr¡e 21 ~.H·' ~'"~'''''~''' 'K'~. ........"....,...-....".., ..~'"."". . . _..._'"--""--,"'.~''''_.. '00( 0921'Y.-! 33B Fehrua ry 25, 19P6 . Goldp.n r,ate, aprrcxi~ðtely J2P,000 ~creø ðn~ 75,on0 ho~~ sit~~, v~t there is only 117 ðcres of cOl"mercil\l w"ich works cut to less th;¡n l\ nùlf ~crc of co~~~rcial p~r S~Uðre mile. u~ 9tate~ tl,~t he feels t"~t his plan is a fe;¡sibl~, wor~inq olðn. Tape f8 Comr:liS9ion-r pis tor stated that ~r. Graham neeðs to work with the Stðff to see if they c; n come up with some type of ideð or /In alternative. Mr. Tom Grant, property owner in Golden Gate, stated that he ~.s one of the people that qot a notice on his propcrty to clean it up, a~ding that he is not soing to police the property due to people next to him throwing their trash on his property. He stated that when he purchased the property he CQulr put a fourple;o: on it and now that it h~s heen :' ?oncd he ciln only ?ut a triplex or a duplex. He stilted th/lt if he invests in the pronerty and builds a duolex ncxt to his neighhors, his property is goin3 to took the same way as his neighbors, a mess. COMmissioner Pistor stated that if a notarized statement from 'very property owner is receiv-d indicatinq that they are willin9 to have a re7.on~ on their rroperty, then the ~oðrd can ask the ~taff to look at the ideas and see if they can corne up with II solution for the problem. Commissioner Gooryniaht stilted that she thinks in years to come this area would be a bad imaqe for Golden Gate and she would li~e to see somethin~ done now, and if they can brinq back something that the Com~i5~ion could work with, she would be willing to consider the mlltter. Deputy .~.ssistant County '1an.;¡<;er I3ran'1l'ccio state"" th~t Staff did meet with ~r. Graha~ and 9ive him i'!n alternativc. She st~ted thnt with the acrea"e involver", ",hat ~~r. 17raham wllnts to do cannot ~e done under the currcnt Zonin~ regulations and Comprehensive Pl;¡n that has been a~orte1 hy th~ ~oard. She stated that there would h~ve to be a Com~re- hensive Pl.;¡n amend~€nt and a major amendment to the Zonin? Ordinance. Sl,e stated that this is a long detaileè process and would have OFposi- tion from the committee anù opposition from Staff with re~ar~R to the a"'ount of. cO:"1Mercii'll for that are<'l. f.he noted that an R pur c0111~ b~ consi'lereð and there are options aVl1ilable. She reported that Staff has tried to work with this qroup and will continue to work with them. ~ssistant County ~ttorney Cuylcr Rtüted that somethi~g of this Page 22 - - - ,.._--,,-~,-_.. I.. '___0'-'" ,,,~~,,_,,,.",·,,,,,..,...,,o,,-,,..~_.>,,. ~~..'~""~" ''''<;0 -------".;...~--_.'"';".,..."-,~~-"'".¥,-"""'.;"''''"-,.~"''''',,..,,'''';....., .-..~...."--,~............"""...'"""'~ ~-"""-"---,,".,,..~,,.,..,", i ¡ ¡ ì i J ¡ ¡ I '-····_",___·.,""..,,__c....... ~<"'-,-,..,'"""'..,"~...,"'-.~"....,.þ.,. "'.-.,