DSAC Minutes 03/05/2003 RMarch 5, 2003
TRANSCRIPT OF THE MEETING OF
THE DEVELOPMENT SERVICES ADVISORY COMMITTEE
NAPLES, FL
March 5, 2003
LET IT BE REMEMBERED, that the Development Services Advisory Committee,
in and for the County of Collier, having conducted business herein, met on this date at 3:30
PM in regular session in Conference Room "E", 2800 Horseshoe Drive, Naples FL, with the
following members present:
Members: Charles M. Abbott, Dalas D. Disney (arrived at 3:30PM), Robert L. Duane,
Marco A. Espinar, Blair A. Foley, Brian E. Jones, Dino Longo (left at 5:20PM), Robert
Mulhere, Justin Martin, Thomas Masters (left at 5:20PM), Herbert Savage, Thomas Peek,
Peter Van Arsdale
Collier County: Patrick White (left at 5:10PM), Ed Riley, Denny Baker, Ed Perico, Gary
Mullee, Margaret Weurstle, Joe Schmitt, Tom Wides
Public: Deborah Forester, Bonita Bay; David Ellis, CBIA; Len Berringer, SW Florida
Conservancy.
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DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
March 5, 2003
3:30 p.m.
I. Approval of Agenda- Minutes- February 5th, Meeting
II. Staff Announcements
A. Development Services Update
B. Transportation Division Update
C. Public Utilities Division Update
III. Old Business
V. Subcommittee Reports
A. Land Development Regulation (Justin Martin)
B. Construction Code (Dino Longo)
C. Utility Code (Tom Masters)
D. Ad Hoc Committee on Fees
VI. New Business
A. Sub-Committee Appointments
B. Subdivision and Site Development Plan Approval Process (letter)
VII. Committee Member Comments
March 5, 2003
THE DEVELOPMENT SERVICES ADVISORY COMMITTEE
Conference Room "E"
2800 Horseshoe Drive
Naples, FL 34104
3:30 PM
Minutes
March 5, 2003
The meeting was called to order at 3:30 PM.
A Quorum was established.
I. Approval of Agenda and the minutes of February 5, 2003.
-A discussion on the pre-application schedule, (length of time to schedule), was added
under new business. (Item D under New Business).
-Tom Wides will go first on the staff announcements; (Public Utilities Update).
-Mr. Peek made a motion to approve the agenda with the listed additions. It was
seconded by Mr. Foley. All were in favor; the motion passed unanimously. 12-0.
-Mr. Van Arsdale stated that he felt it was unnecessary to make negative comments
toward Collier County staff as had been done at the previous meeting. He asked that
derogatory comments be held. He stated if anyone had a problem with any staff, they
could take their issues to the Director.
-Mr. Peek made a motion to approve the minutes of February 5, 2003. It was seconded
by Mr. Masters. All were in favor; the motion passed unanimously, 12-0.
II. Staff Announcements
A) Public Utilities Update - Tom Wides
-Mr. Wides, Operations Director for Public Utilities, stated that Public Utilities, water &
wastewater impact fees were approved by the board. They will take effect on April 1,
2003. He added that the second tier of the transportation impact fees will take effect on
October 1, 2003 when the user rates go into effect. In terms of operations, water and
wastewater are doing fine. The crunch could be in the first week of April. He explained
that water usage is up this year, but they are not getting the "spikes" that they had last
year. Although it is starting to dry up, he does not anticipate the same kind of problems
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March 5, 2003
III.
IV.
as in the previous year. The contract with the North Naples Plant is not resolved, but
they are moving in the right direction in the next few days.
B) Development Services Update - was discussed later in the meeting.
C) Transportation Division Update
-Mr. Van Arsdale stated that he spoke to Mr. Scott earlier that day about giving a
presentation on March 21, 2003. Mr. Scott will speak about transportations involvement
and the STP approvals at that meeting.
-Mr. Savage noted that Livingston Road was very impressive.
Old Business
-There was no old business to discuss.
Sub-Committee Reports
A) Land Development Regulation - Robert Duane
-Mr. Duane stated that they have accepted most of the amendments and will provide a
more detailed report on March 19, 2003.
-Mr. Mulhere added that there were only a few amendments that required additional work
or were voted down. He added that there are some important amendments and
recommendations, therefore he suggested that a written report be sent to the BCC on their
comments. He also urged committee members to attend the meeting if possible. Mr.
Longo agreed with this and stated that he believed it was staff's responsibility to
accurately and fully portray their comments and recommendations. The LDC meeting is
on March 19, 2003 at 2PM, Conference Room "E". Mr. Van Arsdale agreed that staff
should do most of the legwork and stated that they should express this to staff when Mr.
Schmitt arrives.
B) Utility Code - Justin Martin
-Mr. Martin stated that he did not attend the February 18, 2003 meeting and the minutes
have not been distributed yet. He did speak with the public utilities staff in the interim
and they requested to incorporate some further changes to the utilities ordinance and the
technical standards manual before bringing them to DSAC. DSAC should have these
changes by next week.
C)- Construction Code - Dino Longo
-Mr. Longo stated that this sub-committee has not met since December 2002 and may not
be needed any more. He asked that they rename the ad-hoc committee so that they can
concentrate on the fees aspect more so than the construction code. He explained that in
the previous year they spent most of their time discussing fees.
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March 5, 2003
Ye
-Mr. Savage did not want to see the construction code deleted.
-The committee decided to rename the sub-committee "operations and Budget" and
eliminated the Ad-hoc committee.
-Mr. Peek made a motion to rename the sub-committee "Operations and Budget". It was
seconded by Mr. Foley. All were in favor; the motion passed unanimously.
New Business
Committee Member Comments
A) Sub-committee Appointments
-Mr. Longo passed out a current copy of the list of members in each committee. He read
the list to the committee. The list identified the chairman, vice chairman, and staff
contacts as well. Corrections were made to the list.
-Mr. Martin stated that the utility committee was unique since there are a lot of members
that are non-DSAC members. He stated that he would like more DSAC member
participation and asked if the non-DSAC members should be voting members.
-Mr. Savage was impressed with the fact that this committee used all facets of the
community and felt that they should be able to vote. The DSAC committee had
previously, (in the past few years), decided that non-DSAC members would be voting
members. Mr. Longo felt that ifnon-DSAC members disagreed with the DSAC
members on a vote, then it should be noted to the full DSAC committee.
-Tom Peek took on the responsibility of updating and making corrections to the list of
members in each committee.
B) Subdivision and Site Development Plan Approval Process (letter)
-Mr. Masters stated that this letter took two months to get a response, which proved his
point. He added that the only project brought up, was not an issue until halfway through
the 2 ½ month period. They did get their meeting.
-Mr. Mulhere stated that he is involved with a committee, The Promised Land Section of
the Florida Chapter of the American Planning Association, that had a member suggest
that they initiate a workshop to review the development plan process and result in
recommendations to enhance the process. CBIA, EDC, FEPA, and Chambers also had
the same idea in mind, so they are now going to work as a group in order to set up a
meeting. The meeting is on March 21, 2003. The meeting is open for anyone to attend.
-Mr. Disney stated that he was glad this letter got out and he felt that it was timely. He
stated he was late to the meeting because staff is unable to track a problem down. He is
frustrated with the system and feels that it is a broken and inexcusable system. Mr. Van
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March 5, 2003
Arsdale agreed that the problem is out of control and invited Mr. Disney to go to the
meeting. Mr. Longo noted that comments at the meeting should be very specific. Mr.
Mulhere explained that the point of the meeting is to put everything on the table, establish
how the following meeting would go, and do so in an expedited fashion.
-Mr. Van Arsdale stated that one of the topics should be how to deal with the
inefficiencies in the process.
-Mr. Mulhere stated that the problem is that the focus of the meeting may be too large.
He explained that the main focus at this point is to initially look at the Development
Review process. Then, from time to time, they would review smaller issues as they come
up.
C) The length of time for a pre-application meeting - Robert Duane
-Mr. Duane stated that he has had problems scheduling pre-application meetings in an
appropriate time frame. He has waited a month for a pre-app meeting in the past.
-Margaret Weurstle stated that they are currently backed up and they are trying to round
everyone up to see if they can commit to an extra day.
-Mr. Mulhere added that he attended a pre-app meeting that morning and he applauded
staff for being very productive and putting a lot in writing. He felt that they addressed a
lot of issues and he was understanding of the backup since the meeting took 1-½ hours
and had nine staff members present.
-Mr. Duane stated he was glad they were attempting to have an extra day, but asked if
they could work towards a performance standard for what length of time it will take to
schedule. Margaret Weurstle stated that she would work on this and she would come
back to the committee with this information at the next meeting.
-Mr. Jones suggested that they streamline some of the pre-app meetings for simpler
projects, by allowing the planner to waive the meeting.
-Mr. Masters suggested scheduling the pre-app meetings in a like fashion to the board
meetings. He explained that they could schedule a number ofpre-apps and take them as
they are ready. Mr. Van Arsdale stated that these are good points for the meeting on
March 21, 2003. He also felt that it would be a good idea to look at other areas and how
they do things.
D) Development Services Update and Update on Fee Changes
-Mr. Schmitt stated that he directed staff to raise the fees as appropriate to stem the
current fiscal crisis. He is proposing to the board to raise fees and the construction
evaluation tables. He provided the committee with a handout that reviewed all the fee
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March 5, 2003
changes. The reason for the change in fees, since the last meeting, is the current fiscal
crisis.
-Mr. Mulhere stated that overall he does not have a problem with the proposed fees, but
he feels it would be helpful if they look at the revenue trends, five-year track records, and
find the average number of petitions with a total for the following. He feels that this
projection may help to justify the fee increases. He was concerned about the
environmental impact statement increase. Mr. Baker replied that they did projections in a
"modeling way" for year-end projections. Mr. Mulhere suggested using more than 1 year
for the projections. Mr. Schmitt stated that he will discuss the environmental impact
statement fees with Barbara Burgeson and report back to Mr. Mulhere on his concerns.
-Mr. Disney felt that it is redundant to charge a fee for dwelling unit and residential
building structure. He also felt that there should not be such a large difference in fees for
temporary use permits for sales and political signs. He recommended that they all be
treated the same in regards to fees. Mr. Disney also asked that the exhibit for the fee
schedules become part of the packet so that they can fully review it. He added that staff
should keep in mind that the number of permits is going down, the revenue is going
down, and inspections are going up. He believed that the inspections will "eat" a good
deal of the $10-12 million contingency. Mr. Schmitt stated that this was correct and his
point as well. He will make this point to the BCC on Tuesday.
-Mr. Longo stated that he believes there will be a lawsuit because building and permit
fees have been used in the past. He suggested that the county attorney review the
ordinance that states what these fees can be used for. Mr. Mulhere agreed and sugges.ted
that they try to quantify the amount of time that is spent on each petition. He felt that if
this was done the county would be more efficient. Mr. Schmitt replied that this is what
he is striving for. Mr. Baker added that they are fighting battles to protect the 113 funds.
-Mr. Savage stated that money allocated for a certain function should not be called
"reserves", but "committed". Mr. Schmitt stated that he agreed this needs to be changed.
Mr. Longo agreed. Mr. Mullee stated that FL statutes dictate what you can carry forward
each year in a reserve. He explained that the reserves they are speaking of are cash-carry
forward. Mr. Longo asked if the staff to look at a "accounting procedure" to get away
from calling it reserves. Mr. Van Arsdale asked if they could deal with this point on the
sub-committee level. Mr. Schmitt stated they would do so.
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March 5, 2003
-Mr. Savage stated that each member of DSAC has an acquaintance on the BCC, he
suggested that each member of DSAC speak directly to the BCC about 113 funding
outside development matters.
-Mr. Mulhere made a motion that they support the fee increases with the understanding
that as they move further into the budgeting process there will be a further analysis on
time study and the "true" costs associated with these revenue sources. It was seconded
by Mr. Savage. Mr. Mulhere added that he would include Mr. Disney's suggestion about
matching the sign fees.
-Mr. Schmitt stated that he proposes this be effective on April 1 st, 2003. Mr. Longo
requested that public notice be given on the fee increases. The committee discussed 30
versus 90-day notice before the fee increases go into effect. Mr. Disney stated that he
believed there should be at least 90 days notice before the fees go into effect.
-The motion was recalled. Mr. Mulhere added that the effective date should be April 15,
2003. Mr. Savage seconded the addition to the motion and the sign increase added
earlier. The motion passed, 8 for-5 against.
-Those who were opposed to the motion agreed that it was because they were against the
timeframe for the effective date. They believed 90-day notice was needed.
-Mr. Schmitt stated that he could make the effective date April 15, 2003 and would try to
make it May 1, 2003 if possible.
Committee Member Comments
-David Ellis stated that there is a meeting with the FL DEP. He invited to hear any
comments and invited the members to attend the meeting.
-Mr. Savage stated that he wanted to note, he has heard many rumors that people are
leaving the county because the impact fees are too high.
Adjournment -
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 5:23PM.
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