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BCC Minutes 08/14/1979 R Napl.s, Florfda, August 14. 1979 LET IT BF REMEMBERED, that the Soard of County Commfssfoners fn and for the County of Collier, and also actfng as the Governfng Board(s) of such special districts as have been created accordfng to law and having conducted business herein, met on thfs date at 9:00 A.M. fn Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan. Clerk; Harold L. Hall. Chief Deputy Clerk/Fiscal Officer; Jean Swindle and Edna Brenneman. Deputy Clerks; Donald Pickworth. County Attorney; C. William Norman, County Manager; Irving Berzon, Utility Director; Or. Neno Spagna, Communfty Development Administrator; Carl Clemmer, Zoning Director; Clifford Barksdale. County En~ineer; Mary Morgan, Administrative Aide to the Board; and William McNulty. Communications Director, 3heriff's Department. ~ BOARD OF COUNTY COMMISSIONERS FINAL AGENDA August 14, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST uti SUBMITTED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF ACENDA 4. APPROVAL OF MINUTES: July 24 & July 31, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS ecc~ 041 rACE 610 August 14, 1979 FINAL AGENDA APPROVED WITH ADOITIONS Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the final agenda be approved with the following additions: 1. Purchasing Department - Authorize the purchase of an ambulance chassis and waiving the sealed bid process. 2. Purchasing Department - Authorize the purchase of one ambulance van, waiving the bid process. 3. Clerk's Report - Authorize "interim payment" covering first 10 days in August, 1979 for American Ambulance in the amount of $26.057.58. MINUTES OF JULY 24. 1979 AND JULY 31. 1979 APPROVED AS SUBMITTED Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously. that the minutes of July 24, 1979 and JUly 31, 1979 be approved as submi tted. RESOLUTION 79-117 RE PETITION V-79-14-C, MAX SLONECKER REQUEST FOR A 12.5' VARIANCE TO A FRONT YARD ON A CORNER lOT FOE A GARAGE ADDITION IN GOLDEN GATE - AOOPTEO Legal notice having been published in the Naples Daily News on July 27. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-79-14-C regarding the request by Max Slonecker for a 12.5 foot variance to a front yard on a corner lot to construct a garage addition to his home 'in Golden Gate. Zoning Director Carl Clemmer presented the petition and stated the requirement for a corner lot is a 30 foot setback for two sides of the lot because of it being at an intersection. Mr. Clemmer explained because the existing setback of the Slonecker home is 27.5 feet rather than the required 30 feet and because the need for the requested variance is not based on ~~~. peculiarity of the lot. the Staff is recommending denial of the petition. Mr. Max Slonecker of 4365 23rd Place, S.W. presented his reasons for asking approval of the variance request. He stated that because his property is a corner lot the required setback of 30' for both side and front yard is extreme and he has found many homes on corner lots in Golden Gate that do not meet the required total setback. When he purChased the home in 1974, th~ lot already had a double drive- way to the single garage and it is for this addition - enlarging the present single August 14. 1979 garage to a double that he is requesting the variance of 12.5' to his front yard setback. ,Mr. Slonecker presented the Board with pictures of his home and those residences in the immediate vicinity. Discussion followed which touched upon the possibility of a corner lot havinl two designations - (1) the part of the property on which the house faces the street is considered the front yard and (2) the side yard being considered as the other side of the corner lot. Commissioner Wenzel's statement that corner lot owners are penalized if each yard is considered front yard. the fact that assess- ments are not based on a house having two front yards but only one; and Mr. Cl~ statement that in 1974 the new regulations were adopted requiring 30' setback. There being no other persons registered to speak on the subject, Commissionel Wimer moved. seconded by Commissioner Wenzel and carried unanimously. that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/1 with Commissi~ner Archer dissenting. that Resolution 79-117 approving a 12.5' variance to a front yard on a corner lot for a garage addition to a home in Golder Gate. as requested by Max Slonecker, be adopted. * * * * * * * * * * * * * * * * * * * ~CCK . 047 P~CE 614 August 14, 1979 RESOLUTION 79-118 RE PETITION V-79-14-C FILED SY BAYCO OF COLLIER COUNTY RE REQUEST FOR VARIANCE FOR TENNIS COURT CONSTRUCTION AT RIVERSIDE CLUB FOR FIVE FEET FROM AN ALLEY lOT LINt - ADOPTED legal notice having been published in the Marco Island Eagle on July 26, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-79-14-C regarding the request by Bayco of Collier County to construct tennis courts a five foot distance from an alley lot line for the Riverside~Club, Marco Island, Florida. Zoning Director Carl Clemmer presented the petition. stating the Staff recommen approval due to the peculiar lot configuration and the existence of an alley abuttin the property line where the variance is being requested. Commissioner Pistor commented that when the matter of vacating both ends of the subject alley came before the Board. the portion now being considered in the variance was not vacated. County Engineer Barksdale stated that particular portion of the alley is now being processed for vacation at the request of Bayco of Collier County. When questioned as to who ~ould own the property once the vacation ha~ taken place. County Engineer Barksdale said there would be I question of ownership since the outside of the subject alleyway was not platted. There being no persons registered to address the subject, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that Resolution 79-118 approVing the variance requested by Bayco of Collier County to construct tennis courts at the Riverside Club, Marco Island, Florida. five feet from an alley lot line, be adopted. * * * * * * * * . . ~CCK 047 PACE 618 August 14, 1979 RESOLUTION 79-120 RE PETITION A-79-5-C FILED BY KRIS DANE - APPEALING ZONING DIRECTOR'S DECISION REGARDING EXCES~IVE DOCK lENGTH FOR ~ OF lOT XIII AND ~ or lOT XII, VANDERBILT BEACH - ADvrTED WITH STIPULATIONS Legal notice having been published in the Naples Daily News on June 22, 1979 as evidenced by Affidavit of Publication filed with the Clerk. and having been continued from July 10, 1979 to July 31, 1979 to August 7, 1979, public hearing was opened to consider Petition A-79-5-C filed by Kris Dane appealing the Zoning Director's decision regarding excessive dock length for the South one-half of Lot XIII and the North one-half of lot XII for that property located in Vanderbilt Beac Zoning Director Carl Clemmer presented the item and stated the petition filed by Kris Dane, P.E. is requesting an appeal from the Zoning Director's decision regarding a 92' dock plus a 12' spring piling which would extend out into the bay some 104' and is considered excessive. The construction of such a boat dock is to accommodate a proposed 18 unit condo with 15 available boat Slips and as this is an appeal. Mr. Clemmer stated there was no recommendation forthcoming from the Zoning Depa rtrnE'nt. Mr. George Varnadoe, Attorney representing East Bay Development, Inc., introdul Mr. Kris Dane, P.E. of Coastal Engineering ConSUltants, Inc. and presented the petition of appeal from the Zoning Director's decision. He reviewed the request by stating, at the on~et, that the petition is being brought before the Board as it sits as the Board of Zoning Appeals, not as the Board of County Commissioners, and gave the background of the original petition as follows: A proposed project of 18 condo units on Vanderbilt Beach with a petition for a 104' dock which would accommodate 18 boat slips or one for every property owner but because of certain Objections from civic groups in the area and also because the demand for having a boat slip for every unit diminshed, the reques~ was reduced to a 92' boat dock with 15 slips. Mr. Varnadoe recalled that at the last meeting, the Department of Environmental Regulations biological assessment was read into the record, as required, and he reminded the Board that through the subject letter the Department I Environmental Re9ulations advised it does not object to the docking facility. At the same time there was entered into the record a letter from the Department of Army Corps of Engineers stating their general guidelines for a dock as being not August 14, 1979 more than 25% of the width of waterway. He indicated on the aerial photograph map that a dock which extends out 921 into the bay (whose width at the narrowest point is 460' to 4621) is less than 25% of the total and well within the Army Corps of Engineers' guidelines. There was also entered into the record, at the same meeting, a letter from the Coast Guard stating, in effect, "it does not appear that the dock will unreasonably affect the safety of navigtion and therefore the mandatory 1 ighting/marker requirement will not be imposed by the Coast Guard" and concluded in the last paragraph "This letter of "No objection" does not authorize any invasion of private rights nor grant exclusive privledges nor does it obviate the necessity of complying with the Federal, State or local laws regulations". Since that time, Mr. Varnadoe ~ontinued, there has b,en an upsurge of public opiniol against the petition by the Vanderbilt Beach Property Owners Association which has resulted in the Association hiring an attorney and (using the term advisedly) harra~ the Coast r,uard to the extent that the Coast Guard is now going to "get out of the project", at least temporarily. by forwarding a letter to fir. va,-nadoe which he recI late yesterday afternoon. At this point, Mr. Varnadoe read the entire contents of the subject letter (no copy was given for the record) which in essence withdrew its previous letter of "No objeciton" and stated that "the need for lighting/marking of the dock will be reviewed again by the Coast Guard after the final determination by the District Engineer. Jacksonville District, Corps of Engineers on public noticl S^JODRPS 79K-0425 dated 4 May 1979." Following this reading, he reviewed the permitting process which is necessary in order to build a dOCking facility as being twofold: 1. One has to get a permit from the Department of Environmental Regulations of the State of Florida; ~y~, (2) before the Department of Environmental Regulations will consider the application, approval must be obtained from the County officials. .'. When the Department of Environmental Regulations considers the petition, they advertise publicly and get comments and/or objections from the public and additiona' other state agencies are asked for their official comments. At the Federal level, : only permit needed is from the Oepartment of Army Corps of Engineers. who also get comments from other concerned agencies, i.e. Coast G~ard, U.S. Fish and Wildlife Commission. Mr. Varnadoe stated the Coast Guard's responsibility as being one of eoc~ ONl PA~E 620 August 14, 1979 determination as to whether the proposed docking facility/construction would be a hazard to navigation to the extnnt that some mandatory lighting would be require and asked that the Board remember that the last letter from the Coast Guard did no say the project was hazardous but simply they would not consider it again until the petition had reached the Corps of Engineers level. The review of the petition legal right to have such zoning was given when Mr. Varnadoe covered Section 25 _ 2B2, Zoning Regulations, which identifies this proposed project as a multiple dock .. facility and allows it legally to be constructed for the use by the mulitple famil condo units. He made clear that this would not be a "rental facility" but would accommodate the owners of the condos only. In summary, Mr. Varnadoe concluded tha this would be the highest and best use of the land and that the Zoning Ordinance clearly spells out the petitioner's right to build tha multiple docking facility as a permitted accessory use. Commissioner Wenzel questioned the DER's requirement that the petitioner buill riprap seawall rather than a vertical seawall which forced the petitioner to lo~e 20 feet of his property. Mr. Varnadoe explained that this was the prerequisite of the DER and he knew nothing beyond that. Discussion followed which covered the reason for the Zoning Director's denial - excessive length and hazardous; ~ther boat docks being built directly off the seawall as opposed to the riprap demanded by the DER of the petition. and the Board of Zoning Appeal's right to protect the health, welfare and safety of the citizens. Zoning Director Carl Clemmer presented approximately 120 peititons that have been received, voicing opposition to the project. In addition, he read for the record, three requests from the following commercial establishments: The Vanderbi' Beach Motel; La Playa Beach & Racquet Inn and thp ~cachcomber Club - aSking for permits to build similar length docks at their businesses if this particular petition is granted. Mr. Eugene Turner, Attorney representing the Vanderbilt Beach Property Owners Association. asked that he be allowed to question two or three property owners to expedite the hearing and asked that the Board remember it has a duty to consider tl health, welfare and safety of the community. Mr. Turner emphasized that this peti1 does not meet the criteria to be granted then called the following persons for a question/answer session: August 14, 1979 Mr. Michael Moore - 127 Willowick Drive - Vanderbilt Beach Commander loren T. Bullard - 140 Flamingo Avenue - Vanderbilt Beach Mr. Ronald Y. Davis - 496 Oak Avenue. Naples In addition, the following persons spoke as private citizens: Mr. Carl Gilzow - 256 Heron Ave - Vanderbilt Beach Mr. Maurice N. OeGraves - 607 100th Ave N. Mr. J.S. Weinfeld - 3003 Tamiami Trail Mr. George M. McPhail - 494 Seagull Ave - Vanderbilt Beach Mrs. Ray Grinstead - 264 Bay View Ave., Vanderbilt Beach All the comments reflected opposition to the proposed project stating the hazardous condition that will result; the use of the lagoon by water skiers. the desire to keep the area residential; the.accuracy of the depths of the bay as determined by both Kris Dane, P.E. and Commander Bullard; and the fact that the approval of this petition will lead to many more such requests. There being no other persons registered to speak, Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that the public hearing be clvsed. Commissioner Archer moved, seconded by Commissioner Pis tor, that the Appeal the Zoning Director's decision filed by Kris Dane, P.E. be denied. The motion failed with a 2/3 vote: Ayes: Commissoner Archer and Commissioner Pistor Nays: Chairman Brown, Commissioner Wimer and Commissioner Wenzel Commissioner Wenzel moved, seconded by Commissioner P1stor, that Resolution 79-120 granting approval of the Appeal from the Zoning Director's decision filed I Kris Dane, P.E. be adopted with the following stiplation: 1. If the petitioner is allowed to build a vertical seawall rather than a riprap - the dock may be constructed to a length of 50 feet; if not then the dock may be constructed to a length of 75 feet so as to compensate for the 25 feet of requit~d riprap. The motion carried 4/1 with Commissioner Archer dissenting. * * * * * * * * * * * * * August 14, 1979 PETITION FOR VACATION OF A 7.5 ~OOT UTILITY EASEMENT ALONG THE EASTERN BOUNDARY OF lOT 2. REPLAT OF BLOCKS 4 AND 5, NAPLES PARK, UNIT 1 FILED BY THOMAS E. MCBRIDE, TR. - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SETPEMBER 11. 1979 Commissioner Wenzel moved, seconded by Commissioner Pfstor and carried unanimously, that petition for vacation of a 7.5 foot utility easement along the eastern boundary of Lot 2, Replat of Blocks 4 and 5, Naples Park, Unit 1, filed by Thomas E. McBride, Tr. be authorized for advertising of public hearing September 11. 1979. PETITION FOR VACATION OF PORTION OF PLAT OF LAKEWOOD, UNIT 1 AS RECORDED IN PLAT BOOK 12, PAGES 7, 8, & 9 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, U.S. HOME OF FLORIDA - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 11. 1979 Commissioner Wenzel moved,.seconded by Commissioner Pistor and carried unanimously, that petition for vacation of a portion of the plat of Lakewood, Unit 1 as recorded in Plat Book 12, Pages 7, 8 & 9 of the Public Records of Collier County, Florida, by U.S. Home of Florida, be authorized for advertising of public h~aring September 11, 1979. STATE MEDICAL EXAMINER'S FUNDING CONTRACT IN THE AMOUNT OF $12,242.00 - APPROVED. CHAIRMAN AUTHORIZED TO SIGN SAME Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously. that the State Medical Examiner's Funding Contract in the amount of $12.242.00 between Collier County and the State Medical Examiner's Commission be approved and the Chairman be authorized to execute all three copies with the Clerk of the Board directed to return all copies to the State Administrator of the Medical Examiner's Program. * * * * * * * * * * * * * * * August 14, 1979 S~ALED BID PROCESS WAIVED - PURCHASIUG DEPARTMENT AUTHORIZED TO PURCHASE SERVICES OF CHARLOTTE ELECTRONIC. CORPORATION IN THE AMOUNT OF $3,860 TO CONVERT EXISTING (18) MOBILE RADIOS FROM ONE TO TWO FREQUENCIES FOR THE BUILDING AND ZONING DEPTS. Purchasing Director Frank Wilcox presented the request for a waiving of the sealed bid process as it relates to the purchase of services to convert 18 existing mobile radios, used by the Building and Zoning Departments, from one to two frequencies, stating this was determined to be the least costly of procedures. From the sealed bid quotations received from the Purchasing Department solicitatio~ Mr. Wilcox said his recommendation would be for the lower quote of Charlotte Electronics, Corp of $3,860. The only other quote was made from Goff Communication at $5,400. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the sealed bid process be waived and that Charlotte Electronic, Corporation be awarded the service contract in the amount of $3,860 to convert 18 existfng mobile radios from one to two frequencies - said radios being used by the Building and Zoning Departments. SEALED BID PROCESS WAIVED - PURCHASING DEPARTMENT AUTHORIZED TO PURCHASE A F350 FORD AMBULANCE CHASSIS FROM ED MULLINAX FORD, INC. OF AMHERST, OHIO IN THE AMOUNT OF $6,865.87 - CONVERSION COSTS IN THE AMOUNT OF $1,500 - APPROVED Purchasing Oirector Frank Wilcox pr~sented the request for the waiVing of the sealed bid process as it relates to the purchase of a replacement chassis for an existing ambulance, stating that the need is acute and funds can be saved if the purchase is immediately processed. He explained the requested ambulance chassis is to be used for the oldest and with the highest mileage of all the equipment that is leased to American Ambulance and the prospect of using the modular body with the new chassis for some time to come is very good. After contacting various dealers, the Purchasing Department was able to locate one F350 Ford chassis., 10,000 GVW's with a 460 V8 engine for the amount of $6,865.87. With such a reasonable price for the chassis itself and with the determination that the conversion work could be sublet for no more than $1,500, it was Mr. Wilcox's recommendation that the chassis referenced above be purchased. ~CCK ~M~ August 14, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the sealed bid process be waived and the Purchasing Department be authorized to purchase the F350 Ford Ambulance chassis from Ed Mullinax Ford. Inc. of Amherst, Ohio, in the amount of $6.865.87 and that tonversion work be approved in an amount not to exceed $1,500. BID PROCESS WAIVED - PURCHASING DEPARTMENT AUTHORIZED TO PURCHASE ONE 1979 FORD E350 TYPE II VAN AMBULANCE FROM NATIONAL AMBULANCE BUILDERS, ORLANDO, FLORIDA IN THE AMOUNT.OF 15.790 (DELIVERY AFTER OCTOBER 1,1979) - BUDGET AMENDMENT IN THE AMOUNT OF 790 TO COVER INCREASE OF PRICE - AUTHORIZED Purchasing Director Frank Wilcox explained that the request for the waiving of the bid process for this particular purchase is due to the desire to save money as the estimated costs for such a vehicle continue to rise. He said this item has been budgeted for purchase in the next fiscal year beginning October 1, 1979 but that if authorization is given this date approximately $1,200 can be saved. Quotations from various ambulance manufacturers were presented to the Boar with the quote from National Ambul&nce Builders of Orlando, Florida coming in at the lowest qualified figure of $15,790 and it was Hr. Wilcox's recommendation that the purchase be made from the above-referenced company. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously. that the sealed bid process be waived and that the Purchasing Deparbn be authorized to purchase one 1979 Ford E350 Type II van ambulance from National Ambulance Builders. Orlando, Florida in the amount of $15.790, taking delivery after October 1. 1979. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously. that Fiscal Officer Hall be authorized to prepare the necessary Budge: Amendment to cover the increase in the amount ot $790 (WhiCh is an increase over the original estimate of $15,000). EXCAVATION PERMIT TO CARUSCAN (FLORIDA) INC. RE VICTORIA PARK UNIT 2 - G~\NTED County Engineer Cliff Barksdale presented the request by Caruscan (Florida) Inc. for an excavation permit in order that the developers of Victoria Park Unit 2 can remove a surplus of 30,000 cubic yards of material from the site. Mr. Barksda. stated that the Board of County Commissioners approved construction drawings and August 14, 1979 final plat for the subject projwct on April 10, 1979 and the 110% security was approved on June 5, 1979. It was his recommendation that the excavation permit be granted. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/1 with Commissioner Wenzel dissenting, (stating that such fill should be used on site for the continued raising of ground levels for homesites) that the excavatio permit requested by Caruscan (Florida), Inc. for the removal of 30,000 surplus cubic yards of material from the site of Victoria Park Unit 2 be granted. RESOLUTION 79-119 RE DEVELOPMENT AGREEMENT BETWEEN COLLIER COUNTY AND THE DEPARTM OF NATURAL RESOURCES (STATE OF FLORIDA) FOR TIGER TAIL BEACH PARK - ADOPTED. CONPANION DEVELOPMENT AGREEMENT - ACCEPTED AND CHAIRMAN AUTHORIZED TO EXECUTE SAM County Manager Norman stated the County has already received approval from t State of Florida for monies for the development of Tiger Tail Beach Park and the proposed Development Agreement and Resolution are requirements of the grant. Mr. Normar. explai~ed that the Agreement must be executed by the accompanying Resoluti, within a thirty (30) day period and returned to the Department of Natural Resourcl and concluded that the contents of the Resolution authorizes the acceptance nf the grant. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimoUSly, that Resolution 79-119 authorizing Collier County to accept grant monies from the State of Florida Department of Natural Resources for the developml of Tiger Tail Beach Park be adopted. Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously, that the Chairman be authorized to sign the Development Agreement between Collier County and the State of Florida Department of Natural Resources fc grant assistance for the development of Tiger Tail Beach Park and~aid Agreement be forwarded to the Department of Natural Resources after completion. * * * * * * * * * * * * * August 14, 1979 PAYMENT OF ~OUTINE BIllS - AUiHOR~ Following Fiscal Officer Harold Hall's statement that the bills being presented for approval of payment have been prepared following established procedures and that funds are available, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the bills be approved for payment as witnessed by the following warrants: Furm Assessment & Utility Clearing Sewer Dist. "A" I & S Sewer Dist. "A" Revenue BCC Payroll & CETA County Warrant WARRANT NOS. 40 1 15 62027 - 62364 9907 - 10078 PAYMENT OF AMERICAN AMBULANCE SERVICE CLAIM FOR PERIOD ENDING JULY 31, 1979 IN THE AMOUNT OF $9.510.21 - APPROVED Fiscal Officer Hall identified the first of two special bills as being the July bill of the subsidy for the American Ambulance Service claim (period ending July 31. 1979) and explained the reason for it being brought before the Board as a special bill is because the last day of July, 1979 marks the end of American Ambulance's fiscal year. Mr. Hall said he was recommending the payment of thi~ bill in the amount of $9,510.21 even though the pre-audit function has not been completed and will not be completed until after the CPA's audit of American Ambulance. He asked that the record reflect that final payment for July, 1979 will not be made until after receipt of the CPA's audit. Commissioner Wenzel questioned if this period of time and amount of monie~ had been audited to which Mr. Hall replied in the negative, stating that the present "regular monthly audit" had been compl~ted but not the annual audit. as called for in the contract, by an independent CPA firm. Mr. Hall also said that at the completion of the annual audit by the independent CPA firm,.._any adjustments that are necessary will be made. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously. that the American Ambulance Service cl~im for period ending July 31, 1979 in the amount of $9,510.21 be paid with the s~ipulation that the final payment for July. 1979 will not be made until after receipt of the CPA's audit. " ....., ,. - 'f eCCK 047 FAGE638 August 14, 1979 Clerk Reagan explained that the $9,510.21 as shown on the request has been satisfied as far as the Office of the Clerk is concerned by pre-audit figures (the regular monthly audit) and will be checked again at the completion of the annual audit by the CPA firm. INTERIM PAYMENT TO M~ERICAN AMBULANCE COVERING FIRST TEN DAYS IN AUGUST, 1979 IN THE AMOUNT OF $26.057.58 - APPROVED Fiscal Officer Hall presented the second bill for American Ambulance as being an "interim payment" covering the first ten days in August, 1979 and explained that during this period in August there had been some exceptionally high expenditure one of which was $20,000 for insurance. Mr. Hall recommended approval of this request. stating that the remainder of the monthly payment would be taken care of the end of August. 1979. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that the interim payment to American Ambulance. covering the first ten d~ys in August, 1979, in the amount of $26,057.58 ba approved. BUDGET AMENDMENT 79-116 PROVIDING NECESSARY FUNDS FOR THE EQUIPME~T PURCHASED BY AMERICAN AMBULANCE FOR USE IN THE EMS TELEMETRY COMMUNICATIONS SYSTEM - ADOPTED IN THE AMOUNT OF $76.467 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Budget Amendment 79-116 providing necessary funds for the equipment purchased by American Ambulance for use in the EMS telemetry communication: system in the amount of $76,467 be adopted. * * * * * * * * * * * * * * * * * * * * BCC~ 047 fACE 640 August 14, 1979 BUDGET AMENDMENT 79-117 RE GOVERNOR'S HIGHWAY SAFETY COMMISSION GRANT FOR AN UPGRADED 1KAFFIC ENFORCEMENT PRCbRAM . ADOPTED IN THE AMOUNT OF $9.538.00 Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously. that Budget Amendment 79-117 re the Governor's Highway Safety Commission Grant for an upgraded traffic enforcement program, in the amount of $9,538.00, be adopted. * * * * * * * '" * * '" * '" * * '" 'It 'It '" * 'It '" 'It '" '" '" '" '" * ,~ " ~DCK Q~7 fA~ES4Z August 14. 1979 BUDGET AMENDMENT 79-118 RE GOVERNOR'S HIGHWAY SAFETY COMMISSION GRANT, PHASE II FOR COUNTY'S uPGRADED HOLIDAY ALERt TRAFFIC ENFORCEMENT PROGRAM. ADOPTED IN THE AMOUNT OF $14.183 Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously, that Budget Amendment 79-118 re Governor's Highway Safety Commission Grant, Phase II for Collier County's upgraded Holiday Alert Traffic Enforcement Program, in the amount of $14,183 be adopted. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ecc" 041 ~^Gt S4+ August 14, 1979 REQUESTED CHANGES AS SHOWN IN THE TENTATIVE (PROPOSED) BUDGET FOR FY 1979-80 - ACCI Fiscal Officer Hall stated that all of the changes the Board had directed to be made in the proposed budget FY 1979-80, have been made and the reprint of the corrected proposed budget is available. Mr. Hall asked that the revised version, / directed by the Board, be accepted. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, ~hat the corrected version of the proposed budget - FY 1979-80, be accepted. CONTRACT AMEtiOMENT NO. 1-LEAA GRAllT NO. 79-AA-09-EB02 RE CONTRACT BETWEEN BOARD OF COUNTY COMMISSIONERS AND THE MErrrAL HEALTH CLINIC - APPROVED - CHAIRMAN AUTHORIZED TO EXECUTE SAME Commissioner Archer moved, seconded by Comm1ssi~ner Pistor and carried unanimously, that Contract Amendment No. l-LEAA Grant No. 79-AA-09-EB02, for the lEAA contract between the Board of County Commissioners and the Collier County Mental Health Clinic. be approved and the Chainman authorized to execute same. . . . * . . * * * * . * * . * . . . . . . * * * BCC~ fJ41 fi.CE 646 August 14, 1979 EXPANSION OF HOlCHER-TAYLOR, CPA CONTRACT TO I~CLUDE THE BOARD OF COUNTY COMMISSIO~ FINANCIAL AU:IT OF FY ENDING SCPTf~ER 30, 1979 IN ACCORDANCE WITH FLORIDA STATUTES APPROVED Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously, that the present contract with Holcher-Taylor, CPA be expanded to include the Board of County Commissioners financial audit for the Fiscal Year ending September 30, 1979. APPOINTMENT TO THE ADVISORY BOARD FOR THE ISLE OF CAPRI FIRE CONTROL DISTRICT- CONTINUED UNTIL LATER IN THE MEETING COmmissioner Wimer asked that the appointment of Ms. Helen Boso be delayed until the afternoon session of the meeting in order for all members of the Board to have an opportunity to meet and speak with Ms. Boso before the completion of the appointment. It was the consensus of the Board to delay the matter until the afternoon session with the Chair directing that any proposed appointees be interviewed by the Board me~bers before sUbnitting them to the Board 1n regular session. AMENDMENT TO ADVISORY BOARDS AND APPOINTMENTS POLICY - ADOPTED At Commissioner Wimer's request, an amendment to Advisory Boards and Appointmer Policy, which would allow the Board to remove "for cause" members of the Advisory Boards, was presented. He said it was not his intention that such an amendment be employed currently but would be a deterrent if at some future time it would be necessary to take such a step. Commissioner Wimer moved, secunded by Commissioner Wenzel and unanimously carried, that the Amendment to Advisory Boards and Appointments Policy as submitted, be adopted. . ... . . . ... . . . . . . . ... August 14. 1979 CHAIRMAN ~~ORIZED TO SIGN QON~ FOR THEODORE L. HAGER. APPOINTED BY THE GOVERNO TO SERVE ON THE IMHOKAlEE WATER/SEWER DISTRICT BOARD Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried, that the Chairman be authorized to sign the bond f~r Theodore L. Hager who has been appointed by the Governor to serve on the Immokalee Water/Sewer District Board. . . . . . . . . * . . * * . * * . . * * * * * * * . * . . . BCC~ 047 p~~E652.. August 14. 1979 UTILITY RATES AND METER TAPPIIlG CHARGES FOR PELICAN BAY IMPROVEMENT DISTRICT - APPROVED WITH STIPULATION Upon recommendation of County Utility Direr.tor Berzon, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the proposed utility rates and meter tapping Charges for Pelican Bay Improvement District, be approved with the stipulation that they be reviewed again by the Board of County Commissioners after three (3) years of actual operating experience has been accumulated. BOARD'S POLICY RE MONIES IN WATER MANAGEMENT DISTRICT 16 BUDGET AND THE CONSTRUCTIO~ OF lElY WATER CONTROL STRUCTURE, CANAL IM~ROVEMENTS AND SPREADER WATERWAY - REAFFIRMED Commissioner W~nzel moved, seconded by Commissioner Pistor and unanimously carried. that the monies in fund number 110 entitled Water Management, Object Code 630 for Water Management District 16 construction, which are earmarked for the construction of the Lely Canal Water Control Structure, Canal Improvements and Spreader Wate~ay, be reaffirmed as the Board's poliCY regarding sa~. CHAIRMAN AUTHORIZED TO SIGN GRANT APPLICATION FOR $18,000 IN FUNDS TO FINANCE POSITION OF COUNTY TRAFFIC ENGINEER Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the Chairman be authorized to execute the grant application for $18,000 in funds to finance the pOSition of County Traffic Engineer for Collier County. (This grant will come from the Department of Community Affairs, Division of Public Safety Planning and Assistance and will have matching funds. that are already budgeted, from the County). * * . * * . * * * * * * * * * * + BeCK 01(1 i'~~t 656 August 14, 1979 RE-EXAMINATION OF THE COUNTY ZONING ORDINANCE AS IT APPLIES TO THE "ST" AND "TDR" DfSIGNATIONS AND THE INDUSTRIAL DfSIGNATIONS AS THEY APPLY WORK STUDY AREA 4 - TO BE WORKSHOPPED AT A LATER DATE AS DETERMINED BY THE COUNTY ATTORNEY Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried, that the request by Commissioner Wimer regarding the County's Zoning Ordinance and its application to "ST" and "TOR" designations and Commissioner Pistor's request regarding the County's Zoning Ordinance and its application to Industrial Zoning designations re Route 951 and/or work study Area 4 be re- examined, be works hopped at a later date to be determined by the County Attorney. County Attorney Pickworth stated he wanted to get more information from a particul~r source before the item is discussed. NAPLES KIWANIS CLUB'S OFFER TO FUND PLAYGROUND AT THE HEALTH DEPARTMENT/COURTHOUSE COMPLEX - COrITINUED ONE WEEK Administrative Aide Mary Morgan presented the offer made by Naples Kiwanis Clu to place a fence around the tree outside of the Health Department at the Courthouse Complex which would serve as a playground for those children waiting to be taken care of at the Health Department. This would eliminate the possibility of the children "going out into traffic" and would have only the one entrance for safety's sake. Commissioner Wenzel questioned who would be superviSing the children and if the County would be liable for any injuries that could occur. County Attorney Pickworth was requested to research the County's legal position. It was the consensus of the Board that the item be continued for one week. ISSUANCE OF DUPLICATE TAX SALE ~ERTIFICATE NO. 5529, SALE OF 1979 TO JOSEPH OR TESSIE ~l. FOGrmn - AUTHORIZED On motion of Commissioner Archer, seconded by Commissioner Pistor and carried unanimously, A.P. Ayers, Tax Collector, was authorized to issue duplicate Tax Certificate No. 5529. Sale of 1979 to Joseph or Tessie M. Fognini. Original having been reported lC$t. * * * * * * * '* eCCK 047 filCEGD8 August 14, 1979 REQUEST FOR tUNDS TO OFFSET EXPENS:S OF LITTLE LEAGUE GIRLS TEAM TRAVELING TO WACO, TEXAS FOR THE WORLD SERIES - DEFERRED UNTIL A LATER DATE It was the consensus of the Board, that the request for funds by the Little league Girls Team to offset expenses of travel to Waco, Texas for the World Series, be deferred until the County Attorney can advise the Board of the proper action to be taken. .., RECOMMENDATIONS OF COUNTY MANAGER RE POSITION CLASSIFICATION AND PAY PLAN - (1) 7% "ACROSS THE BOARD PAY INCREASE FOR BOARD EMPLOYEES. EFFECTIVE FIRST WEEK OF OCTOBER. 1979" - APPROVED; A USABLE STUDY TO BE DONE ON POSITION CLASSIFICATION AND PAY PLAN - ACCEPTED; THE USE OF THE MERIT SYSTEM FOR ANY INCREASES OVER AND ABOVE 7% - APPROVED County ~~nager Nonman stated that it had been his desire to present to the Board the results of a Pay and Classification StUdy which was undertaken by the Florida Department of Community Affairs by an Intergovernmental Personnel Act grant of the Federal Government but, after having received just this pa~t Monday the completed study, it has ~ep.n determined that the results of this effort will be of no value in terms of the County Manager trying to solve some of the Position Classification and Pay Plan problems faCing the CO~!\ty in the comin' year. Mr. Norman said that it was the considered judgment of all the County staff and of Mr. Blue. an outside expert, that the above-referenced report should not be implemented. adding that even the presentation of it would not be productive. Ther, is a meeting scheduled for August 15 and 16, 1979 with Federal representatives to audit the problems encountered in having this report completed using Federal monies and Mr. Norman said he was confident that once the representative has had a chance to review said report, he will share the staff's opinion. In reference to the County employees. Mr. Nonman continued. it is felt that a reasonable approach to pay adjustments for the coming year must be determined. effective October 1, 1979 and in addition, to undertake a complete "redo" of the study which was not completed satisfactorily. After considering all the alternatiVE he stated that he was making the following recommendations for the Board's approval: 1. An across the board 1% pay increase for all County employees, under the Board's jurisdiction, effective the first week of October, 1979 and make a corresponding adjustment to the ranges for all the exist- ing positions of 1% so that the beginning and maximum rates for each of those positions are increased by the amount of the uniform pay adjustment that is being recommended. August 14. 1979 2. That the issue of th~ Position Classification and Pay Plan must be dealt with and the County Manager will be back with a firm recom- mendation, after considering all the options. and that the first recommendation of the 7% across the board increase would in no way nullify the need for the additional study nor will it in any way represent any change in the Board's philosophy of that fact that the County would continue to emplOY a merit system with pay to be based on "merit". Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 3/0, with Commissioners Wimer and Archer absent. that the two recommendations of the County Managert as referenced above. be approved. * * * * * * * * * * ." * * ." ." * RECESS: 12:00 Noon until the evening session at 7:30 P.M. * * * ." * * . ." ." ." ." ." ." ." . . The meeting was reconvened at 7:30 P.M. with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer. Neno J. Spagna, Community Development Administrator. Anthony Pires, Assistant County Attorney; and Edna Brenneman, Deputy Clerk. (Various department heads were also present in the audience). MRS. HELEN BOSO APPOINTED TO ADVISORY COMMITTEE OF ISLE OF CAPRI FIRE CONTROL DISTRICT Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried. that Mrs. Helen Boso be appointed to the Advisory Committee for the ... Isle of Capri Fire Control District to complete the remainder of Mr. Hattox' term which expires December 31, 1980. ACTION RE OCTOBER 9, 1979 REFERENDUMS - 9TH CENT FUEL TAX REFERENDUM CANCELLED; NAPLES PARK LIGHTING AND GOODLAND FIRe DISTRICT REFERENDUMS DEFERRED TO ~~RCH. 1980 PRESIDENTIAL PRIMARY Commenting that there has been much adverse discussion with regard to the 9th Cent Gasoline Tax referendum for the improvement of roads, Commissioner P1st " ,.".. ,..."",. ~cc~ ~7 f'~~t 660 August 14, 1979 moved that the subject referendum scheduled for October '9, 1979 be cancelled, and that the other two matters also scheduled for said referendum, namely the Naples Park lighting District and the Goodland Fire District matter, be deferred until the March. 1980 Presidential Primary. The motion was seconded by Commissioner Wenzel and unanimously carried. UTILITY DIVISION BUDGETS (COUNTY WATER-SEWER DISTRICT, IMMOKALEE WATER-SEWER DISTRICT, AND..MARCO WATER-SEWER DISTRICT) FOR FY 1979-80 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING Pursuant to Fiscal Officer Harold Hall's request, Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0. that the Utility Division Budgets for FY 1979-80, tentatively approved during Workshop Session this date, be advertised for public hearing. namely the County Water-Sewer District, the Immokalee Water-Sewer District and the Marco Water-Sewer District. PUBLIC HEARING RE PROPOSED FLOOD DAMAGE PREVENTION ORDINANCE CONTINUED UNTIL AUGUST 21, 1979 TO PERMIT FURTHER REV1Sl0NS legal notice having been published in the Naples Daily News on July 22, and August 5, 1979 and in the Marco Island Eagle on July 26, and Au~ust ~, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance relating to Flood Damage Prevention. Community Development Administrator Neno J. Spagna explained that the proposp.d Qrdinance is the seventh draft and includes comments and suggestions that have beon made during the process of its preparation. Or. Spagna noted the copies have been distributed throughout the audience so that the public in attendance would be familiar with what has been done with regard to the ordinance and reques~ed that comments be heard at this time. Mr. Ed Day. President of the Marco Island Homebuilders Association, stated that his purpose in addressing the Board was to introduce the Marco Island position regarding the Flood Plain Ordinance. He expressed the Association's appreciation of the Board's efforts in seeking a delay in the implementation of the Drdinance while at the same time recognizing the requirement to ultimately accommodate to the Federal Requirements. He said that the purpose of appearing before the Board was three-fold. (1) To request a Commissioner to accompany August 14, 1979 representa~ives from the Associa~ion on a pilgrimage to Washington, D.C. in an effort to obtain reconsideration of the HUD dillnial of 1\.. interim delay in the implementation of the regulations in Collier CQunty; (2) To propose certain language changes in the draft; and, (3) To request the Board to consider a resolution that would provide for issuance of pre-flood plain permits with regard to applications submitted prior to September 14, 1979, which is the date established for implementation of the provisions of the ordinance. Mr. Phil Joshburger, President of the Marco Island Chamber of Commerce, reported on the adverse economic impact the ordir.dnce would have, not only on Mar~o Island, but. more importantly, on the entire County. He cited figures obtained from various builders of the co~ts fnYolv~d for every foot ~f elevation which would be required, noting the additional cancerns of the source of the fill material and the costs involved in hauling this material to the building sites. He asked that the Board of County Commissioners Jo," with the other concerned individuals and organizations in their attempts tc qa'ln 1~~ relief possible from the Federal Government in order to make sure that tilt! econOlllic growth of Collier County continues the way it is now going and which ~~llld bp. seriously impaired and reduced by not enacting the absolute minim\ll:l 01 dina',r.:u possible under the law. Mr. Marve Needles, President of the Mar(~o Islanj 1104.'d of Realtors, addressed the matter from the standpoint of property ",lues all:! 4uthetics, commenting that the necessity of having to place new construction Off ;.rilts would lower the values on the adjacent properties. He asked that t~e Board give serious considera to the amendments to the ordinance which will be p'oposed and to assist in any effort which may be initiated to have the denial of the Board's request for an extension of the date for implementation of the ('"Iinancc reversed. ,,. folr. Dan Dannenhauer, Five County Builders ASSIlCht.ic,l. expressed hfs organ- ization's gratitude for the action which has been taken by various Commissioners to date and requested their continued efforts for ass1stance. He noted that the neglect on the part of T~tra Tech, the firm which compiled the data on the flood elevations. to take into consideratio~ the existing friction factors in the area has been pointed out to various legislative delegates dnd that it is possible that ~GC~ Ql(/ f;'CE S8Z August 14, 1979 an audience with representatives of the Federal Insurance Administrator for further discussion could be arranged. He reiterated the request made by a previous speaker that a Commissioner be made available to accompany the representati to Washington, D.C. in their efforts to obtain a stay in the implementation of the flood elevation requirements pending further studies. Commissioner Pistor offered to make himself available to travel to WaShington, at his own expense, for the purpos~~ stated. Commissioner Wimer noted that Senator Stone had been in contact with him this date and said that, in addition to possibly having a re-hearing on the matter, he also confirmed that if the lawsuit filed by Lee County regarding the flood elevation matter is fruitful, lithe door 15 open for Collier County'l since the same factors which apply to lee County apply to Collier County. He said that there would be no need to file a separate lawsuit and that it would behoove everyone involved to support the lee County efforts. Mr. Oannenhauer said that if the friction factor !s acc~ptable in lee County, then the formulas will be ~mplemented into the Collier County factor. Mr. Darrell March. Secretary of the Marco Island Homebuilders Association, stated that his purpose in appearing before the Board was to relate what is felt should be changed in the proposed ordinance. Prior to detailing these changes, Comm1ssic1er Archer inquired as to whether or not changes and/or deletions must be acceptable by the Federal Insurance Agency with Dr. Spagna responding in the affirmative. He said that the Act, as contained in the late~t Federal Register, has been followed plus following a brief synopsis of what has to be done, as submitted by the aforesaid Agency. Continuing, Dr. Spagna explained that the ordinal will be reviewed in Washington and, if it is felt it meets the requirements, the County will be so notified. If it is felt that it does not meet the requirements, but the changes are minor, they will request that the minor changes be made within 30 to 90 days. If there are major changes which are felt prostitutes the essence of the ordinance. said Dr. Spagna. the County will be removed from the Program. He noted that the proposed changes can be reviewed and if the changes can be made without jeopardizing the ordinance, the changes can be incorporated into the ordinan< if not, the ordinance will have to remain intact since the guidelines of the Act have been followed. \~ August 14, 1979 Assi~t~nt County Attorn!y Anthony Pires observed that the requirements in the Federal Register are the minimum requirements as far as the definitional section and the standards for flood plain management. Tho Federal Government and the FIA Regulations state that the County can be more restrictive but no less restrictive, he continued, adding the' comment that the community must provide that the Regulations take precedence over less restrictive conflicting local laws ordinances or codes. Returning to the suggested changes, Mr. March offered the following for consideration: SECTION 5 - DEFINITIONS Page 5 - Habitable Floor: Delete the word "rc.creation" from the third line; delete the word "uncovered" from the fifth line; and add "areas used for recreation only" to the exclusions. Add a second sentence, as follows: "This does not apply to additions to existing structures wh.re the additional sq. feet does not exceed 50% of the original square feet." Page 6 - New Construction: Page 7 - Start of Construction: Change the first paraSlraph to read "means obtaining a legal building permit from Collier County and performing sub~equent construction progress in accordance with existing county regulations." Page 8 - Substantial Improvement: Delete the first three sentences and add the following replacement: "means any repair, reconstruction or addition to an existing structure, the habitable area of which equals or exceeds 50% of the existil habitable area." SECTION 9 - PROVISIONS FOR FLOOD HAZARD REDUCTION; GENERAL STANDARDS Page 11 - (6) Delete all words after the word "elevations". SECTION 10 - SPECIFIC STANDARDS Page 13 - (5) Add requirement that such structures be designed by a registered engineer or architect and delete alJ certi- fication by same in Paragraphs (a), (b), (c), (d), (e). Mr. March explained briefly the reasons why the above changes are being requested and said that. although some of them may not fall within the Federal Register's mInimum requirements. he asked that the Board assist in trying to get the changes approved. ~CCK 041 ~'m 664- August 14. 1979 Mr. Burt Stanley was registered to speak but relinquished his time due to the items upon which he wished to comment having been previously addressed. Mr. Don Barber. representing the Collier County Contractors Association, commented on many of the Definitions as contained in Section 5 of the proposed ordi suggesting further changes; i.e. that the word "uncovered" be deleted and the word "screened enclosures" be added in the paragraph regarding Habitable Floor; that the definition of New Construction be changed to read: "New construction means structures for which development permits had been acceptably received and subseque! issued on or prior to the effective date of this ordinance". Regarding the latter suggested change. Commissioner Pistor said that it was his opinion that the defini1 for "start of construction" under the ordinance has to be any time after September 14th according to the ordinance. Dr. Spagna stated that the Flood Insurance Act has been followed and that, although he does not object to Changing the definition around, he does not wish to be held responsible "if we find that we are not in t~e Flond Insurance business after the 15th". Attorney Pires advised that when he talked to "the people up in Washington" about one month ago he was told that if a permit is obtained prior to the date of the ordinance but construction is not started until subsequent to the date of the ordinance, it is classified as a new construction; therefore. the applicant must bear the acturial risk as far as the insurance preimums are concerned without any subsidized coverage. Following additional discussion. Dr. Spagna said that an attempt would be made to effect the suggested change in definition. Continuing with suggested changes in definitions, Mr. Barber requested that the definition "Substantial Improvement" be reworded as has been done in the City of Fort Myers' ordinance wherein reference to assessed value and Property Appraiser are omitted and market value or current replacement costs substituted where applica He asked that the second sentence of the subject definition be stricken. A further suggestion requested by Mr. Barber was in Section 8, Paragraph (2) and consisted of deleting the word "development" wherever it appears and substituting the word "building". In conclusion, Mr. Barber volunteered his services to meet with Or. Spagna in rewording the pertinent sections of the ordinance to the proper intent. August 14, 1979 * * * * * * * * * * * * * * * * * RECESS: 8:25 P.M. until 8:30 P.M. * * * * * * * * * * * * * * * * * Mr. Gene Archer, real estate broker, suggested a further change in the definition for "Habitable Floor" in that "recreation" could be deleted where it appears in the definition and added to the reference made to swimming pools, scree and unscreened patio~" and the like. He also said that the definition should be broken down to designate those areas which are outside the living area part of the strucutre which could include garages, and the like, which may be attached to the structure but could be lowered to another elevation and still be a part of the same structure. Mr. Kris K. Jain, P.E., representing the local chapter of the Amercian Societ, of Civil Engineers, complimented the Coun~ staff for their preparation of a difficult ordinance in its present stage, adding the comment that his organization is in generQl agreement with most of the areas. He said that he would confine his comments to the following Sections and recommended changes in verbage. as follows: SECTION 10 - SPECIFIC STANDARDS Page 14 - Paragraph (c): Delete the word "allll in the 4th sentence and add the following: lithe anticipated applied forces of the base flood....II. SECTION 8 - COMPLIANCE AND DEVELOPMENT PERMIT REQUIREMENTS Page 10 - Paragraph (5) (c): Insert the words "on design plans" following the word "certification" in the first sentence. (6): Change the wording from the sixth sentence on to read "a certificate by a registered professional engineer that the construction of pilings, structural limits, breakway walls. and required flood proofing are in general compliance with the approved plans and specificationsll. In conclusions, Mr. Jain requested that in the near future the practicing Engineers in the area would like to see more specific requirements with regard to design loads be established. Mr. David Tackney, P.E. with Suboceanic Consultants, commented briefly on the statistical data used in determining the flood plain elevations, noting that the hurricane events which have struck Collier County and the predicted 10-year flood wc~ 047 ~"ci:'68 August 14. 1979 levels do no~ appear to corre13te with the predicted ones in the study. Because of this, he said that there is reason to question whether the elevations reflect the probability and the danger along the coastline in the County. There were no other individuals registered to speak whereupon Dr. Spagna voiced his desire to have the pUblic hearing continued for at least one week to give him the opportunity to make the revisions suggested. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried, that the public hearing be continued until August 21, 1979, or, if necessary, to August 28, 1979. * * * . . . . . . . * . * * * * . There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 8:55 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~ tl '" . " ~'P\\ ,,'