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DSAC Minutes 10/05/2016 October 5, 2016 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, October 5, 2016 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Dalas Disney Chris Mitchell (Excused) Robert Mu'here Mario Valle Stan Chrzanowski Norman Gentry Marco Espinar Ron Waldrop Laura Spurgeon DeJohn Jeremy Sterk ALSO PRESENT: Jamie French, Deputy Department Head Judy Puig, Operations Analyst, Staff Liaison Mike Ossorio, Director, Code Enforcement Division Matt McLean, Director, Development Review Ken Kovensky, Director, Operations and Regulatory Management Amy Patterson, Director Impact Fee Administration Eric Fey, Sr. Project Manager, Public Utilities 1 October 5, 2016 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department—Contact Mr.Evy Ybaceta at 239-252-2400. I. Call to Order-Chairman Chairman Varian called the meeting to order at 3:00pm H. Approval of Agenda Mr. Dunnavant moved to approve the Agenda subject to deleting Items V.B,C,D and E due to Staff's storm planning activities for Hurricane Matthew. Second by Mr.Disney. Carried unanimously 9 O. III. Approval of Minutes from September 7,2016 Meeting Mr. Foley moved to approve the minutes of the September 7, 2016 meeting as presented. Second by Mr. Chrzanowski: Carried unanimously 9-0. IV. Public Speakers None Mr. Valle arrived at 3:07pm Mr. Mulhere arrived at 3:07pm Ir. Brooker arrived at 3:07pm Mr. Gentry arrived at 3:10pm Mr. Waldrop arrived at 3:10pm V. Staff Announcements/Updates A. Code Enforcement Division update—[Mike Ossorio] Mr.Ossorio provided the report"Collier County Code Enforcement Division Blight Prevention Program - Cumulative Code Enforcement statistics - 7/2009—8/14/16" for information purposes. He noted: • The Port of the Island Resort has closed and the condemned building was boarded by the County. • Arrangements are being made to allow investigators utilize Skype in the field. • Level IV (Officer Safety and Field Applications) training is available from the Florida Association of Code Enforcement to improve safety within the Division. B. Public Utilities Division update—(Tom Chmelik or designee] Mr. Fey reported: • Staff and the County Attorney's Office are reviewing the requirements for utilities conveyance. • Staff intends to meet to discuss changes in the utilities manual. • Staff will be posting the existing and proposed Utilities Manual online so interested parties may review the documents. • There is a backlog of projects that have not yet received final inspections. F. Operations& Regulatory Mgmt. Division update [Ken Kovensky] 2 October 5,2016 Mr. Kovensky submitted the"C'ollier County September 2016 Monthly Statistics"which outlined the building plan and land development review activities. The following was noted during his report: • Permit applications decreased by 500 month over month,however remained stable year over year. • Inspections decreased month over month, but increased in total year over year averaging 18,500 monthly for the last 12 months. • The ratio of Electronic Plan submittals have increased to 32 percent. • The Fee Study has begun and Staff is gathering the data necessary for the vendor to begin work. A draft report will be submitted to Staff and a presentation will be made to the DSAC. The study is anticipated to be completed in 6 months and includes all fees charged by the Division. G. Development Review Division update [Matt McLean} Mr. McLean reported • The number of Site Development Plan submittals for new subdivisions has decreased however re-submittals has increased. • Staff continues to address personal needs to ensure adequate service is provided by the Division. Mr. French reported: • Staff continues to review Staffing levels to determine any additions which may be permitted under the current budget. • The manner in which the County conducts credit card transactions is being streamlined to a consistent process given there are several different systems used throughout County government. The Committee may provide input on whether the fees associated with the transactions are a pass thru cost to the user as a convenience fee. • Certain areas of the Division are being realigned to improve service to clients. VI. New Business A. Impact Fee Update Study Reviews: [Amy Patterson] Ms. Patterson presented the following entities proposed Impact Fee schedule as indicated under the individual items listed below. She noted a DSAC Subcommittee reviewed the requests. • EMS "Collier County Emergency Medical Services Impact Fee Update Study DRAFT Report" • Library "Collier County Library Facilities and Items/Equipment Impact Fee Update Study DRAFT Report" • Government Buildings "Collier County General Government Buildings Impact Fee Update Study DRAFT Report" • Law Enforcement "Collier County Law Enforcement Impact Fee Update Study DRAFT Report" Mr. Brooker provided an overview of the Subcommittee meeting noting a vote was taken to accept methodology used in developing the proposed rates;however, no vote was taken for a recommendation on the level of the proposed rates. 3 October 5,2016 The Committee discussed the rationale for imposing fees and the methodology used for the rates including: • The analysis provided for Emergency Medical Services for other Counties rates (Table l 6) is not a direct comparison to Collier County. Some Counties impose fees at reduced percentages while others include a range of categories under the"EMS" fee. Consideration may be given to amending the chart or eliminating it from the report,however the BCC will potentially request Staff to provide comparisons on the proposed rates and the relationship to other Counties. • Concern on the rationale for the proposed fees for fast food establishments with Staff noting they are seeking a partner in the food industry to assist in reviewing the category. • Government services include those improvements not accounted for elsewhere such as the Courthouses, Tax Collector, Administration, Supervisor of Elections buildings, etc. • Lee County impact fee rates are substantially less however they rely heavily on property taxes to fund capital improvements. • There has not been an increase in fees since 2010 andat that time the Board of County Commissioners reduced the rates imposed. • In the past the Committee has separated the recommendations into one for the methodology used to develop the rates,and the other on the rate of fees to be imposed. Nilgun Kamp,Tindale-Oliver provided an overview on the rationale for the level proposed for fast food establishments noting the intensity of the operation correlates to the proposed fee. Mr. Valle moved to recommend the Board of County Commissioners accept the methodology utilized to develop the Impact Fee rates for the Library Facilities and Items/Equipment. Second by Mr. Mulhere. Motion carried 8 "yes"—6 "no." Ms. Spurgeon DeJohn,Mr. Espinar,Mr. Disney,Mr. Foley,Mr. Gentry and Chairman Varian voted"no." Ms. Spurgeon DeJohn voted "no"as geography should be factored into the methodology and also favors a "tiered"approach for the imposition of the fees. Mr.Disney moved to recommend the Board of County Commissioners not increase the Impact Fee rates for Library Facilities and Items/Equipment Second by Mr.Mulhere. Carried unanimously 14—0 Mr. Mulhere moved to recommend the Board of County Commissioners accept the methodology utilized to develop the Impact Fee rates for Emergency Medical Services. Second by Mr. Valle. Motion failed 7"yes"— 7"no." Ms. Spurgeon DeJohn,Mr. Espinar,Mr. Disney,Mr. Foley, Mr. Gentry, Chairman Varian and Mr.Dunnavant voted "no." Committee discussion occurred noting the methodology used to develop the proposed rates is complicated,however the consultants are experts in the field and utilize acceptable industry standards when proposing the rates. Mr.Disney moved to recommend the Board of County Commissioners not increase the Impact Fee rates for Emergency Medical Services. Second by Mr. Dunnavant. Carried unanimously 14 —0. 4 October 5, 2016 Mr. Mulhere moved to recommend the Board of County Commissioners accept the methodology utilized to develop the Impact Fee rates for General Government Buildings. Second by Mr. Chrzanowski. Motion carried 8 "yes"—6 "no." Ms. Spurgeon DeJohn,Mr. Espinar,Mr. Disney,Mr. Foley, Mr. Gentry and Mr. Dunnavant voted"no." Mr. Disney moved to recommend the Board of County Commissioners not increase the Impact Fee rates for General Government Buildings. Second by Mr. Foley. Carried unanimously 14— 0. Mr. Mulhere moved to recommend the Board of County Commissioners accept the methodology utilized to develop the Impact Fee rates for Law Enforcement Second by Mr. Chrzanowski. Motion carried 8 `3es"—S "no." Ms. Spurgeon DeJohn, Mr. Espinar, Mr. Disney,Mr. Dunnavant and Mr. Gentry voted "no." Mr. Valle abstained. Mr.Disney moved to recommend the Board of County Commissioners not increase the Impact Fee rates for Law Enforcement. Second by Mr. Mulhere. Carried unanimously 13—0. Mr. Valle abstained. Mr.Mulhere moved to rehear the motion on accepting the methodology utilized to develop the Impact Fee rates for Emergency Medical Services. Second by Mr. Brooker. Motion carried 11 "yes"—3 "no." Ms. Spurgeon DeJohn,Mr. Dunnavant and Mr. Gentry voted"no." Mr. Mulhere moved to recommend the Board of County Commissioners accept the methodology utilized to develop the Impact Fee rates for Emergency Medical Services. Second by Mr. Valle. Motion carried 9 `yes"—S "no." Ms. Spurgeon DeJohn,Mr. Espinar,Mr. Disney,Mr. Dunnavant and Mr. Gentry voted "no." VII. Old Business Ms. Puig reported Mr. Mulhere, Mr. Dunnavant, Mr. Varian,Mr. Sterk and Mr. Disney are up for reappointment to the Committee and should submit the necessary applications if they wish to remain seated on the Committee. Viii. Committee Member Comments None IX. Adjourn Next Meeting Date November 2,2016 GMD Conference Room 610—3:00 pm December 7,2016 GMD Conference Room 610—3:00 pm January 4,2017 GMD Conference Room 610—3:00 pm There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 4:18PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE October 5,2016 Chairman,William Varian These Minutes were approved by the Board/Chairman on {1 I2\�Co , as presented , or as amended 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE VA1--LE Le L2.t ,l4A. ? MAILING ADDRESS } T..=BOARD,COUNE, .01,'r.M133' AUTHORITY OR COMMITTEE ON HiCH I SERVE ISA UNIT OF Crty OUNYY ❑OTHER LOCAL AGENCY CITY COUNTY OM) ?? CC Alt NAME OF POLITICAL SUBDIVISION: ry DATE ON WHICH VOTE OCCURRED LLL �� C C 1— Z0 1 MY POSITION 15: ❑ ELECTIVE 30'APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission, authority, or committee It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112 3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position_ For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate Commissioners of community redevelopment agencies under Sec. 163 356 or 163.357, F.S.,and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes (Continued on other side) CE FORM 813•EFF 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed ,� A � DIS((`CLOSURE OF LOCAL OFFICER'S INTEREST o. ,.,I / I, t 4 Ata l7 1- L• V,4-t 1 L. hereby disclose that on �ty�- �� r 20 /+� (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, } inured to the special gain or loss of by I whom I am retained;or inured to the special gain or loss of �.which — is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: i r Date Filed Signatu NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVILPENALTY NOT TO EXCEED$10,000. CE FORM 88-EFF 112000 PAGE 2