DSAC Minutes 04/02/2003 RApril 2, 2003
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, April 2, 2003
LET IT BE REMEMBERED, that the Collier County 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" in the Collier County Community Development
Services Center, Naples, Florida, with the following members present:
CHAIRMAN:
Peter VanArsdale
Charles Abbott
Dalas Disney (Absent)
Robert Duane
Marco Espinar
Blair Foley
Brian Jones
Robert Mulhere
Thomas Masters
Brian Milk
Thomas Peek
Herbert Savage
Dino Longo
Justin Martin
Anthony Pires (Absent)
ALSO PRESENT:
Joe Schmitt, Dev. Services & Environmental Dept.
Patrick White, Assistant County Attorney
Marjorie Student, Assistant Country Attorney
Ed Perico
Stan Litsinger, Planning Services
DEVELOPMENT SERVICES ADVISORY COMMI'I-rEE
AGENDA
April 2, 2003
3:30 p.m.
I. Approval of Agenda- Minutes-March 5, Meeting
I1. Staff Announcements
A. Development Services
B. Transportation Division Update
C. Public Utilities Division Update
III. Old Business
A. Rural Lands Stewardship Area - Susan Murray (LDC)
V. Subcommittee Reports
A. Land Development Regulation (Bob Duane)
B. Construction Code (Dino Longo)
C. Utility Code (Justin Martin)
D. Operations and Budget
VI. New Business
VII. Committee Member Comments
April 2, 2003
Chairman Peter VanArsdale called the meeting to order at 3:38 pm.
Approval of Agenda - Minutes March 5, 2003 meeting:
Mr. Peek moved to approve the Agenda and Minutes of March 5,
2003. Seconded Mr. Mulhere. Carried Unanimously 10-0.
Chairman VanArsdale noted under their Sub Committees they have eliminated
"Construction Code Committee". Operations & Budget will be chaired by Dino
Logo. Committee members were all in agreement.
II.
Staff Announcements:
Later in meeting.
III.
Old Business:
A. Rural Lands Stewardship Area - Susan Murray (LDC)
Mr. Bob Mulhere reported he is working for Nancy Lanann, outside
Council for the County in preparing the Amendments to implement the
Rural Fringe and Eastern Lands. He covered:
Comprehensive Plans- Rural Stewardship Overlay
Amendments reiterate verbatim the language from the policy
from the objectives.
Creates list for sending area and receiving area and how process
will take.
Sending Areas do not go to the Planning Commission or Board
of County Commissioners
Receding area designations
Master Plan/Documents
EAC heard that day
Still working on issues - procedural
Planning Commission will hear on April 9th & 30th.
Can make additional comments
Making changes at staff level
Robert Duane moved to approve the Amendments. Seconded Brian Milk.
It was noted the interpretation of the Land Development Codes aren't documented
and cross referenced very well to the particular Code they are dealing with. Mr.
VanArsdale felt this should be addressed. It was discussed it is an administrative
responsibility. More definitions are going to be added.
Carried with 1 abstention. (Mr. Mnlhere)
IV.
Subcommittee Reports:
A. Land Development Regulation (Bob Duane)
Report handed out.
Staff will get back on changes for possible flexibility
April 2, 2003
Ross Gochenaur still trying to address language for Section
2.6.4.1
Diane Flagg/ATM is trying to address language for other motor
vehicles.
If any comments E-mail Mr. Duane
Will E-mail to Planning Commission & Patrick White/Assistant
County Attorney
Discussion followed on the Vegetation, Preservation & Buffers. These were
addressed and will be suggested they be applied to New Development.
Mr. Duane mentioned the committee met on several occasions and most
amendments were accepted and offered comments.
Mr. Mulhere moved Mr. Duane make final revisions, clean it up and forward
it to the Planning Commission and Board of County Commissioners for their
consideration. Seconded Mr. Peek. Carried Unanimously 11-0.
II.
Staff Announcements:
A. Development Services: Joe Schmitt
- E-mail will be distributed for meeting at Tiburon on April
23rd.
- There is an Ordinance 1.6 that deals with the lack of clarity concerning
the Land Development Codes and also is required to be published in
local newspaper.
- Need to work on E-mail correspondence.
- Patrick White mentioned the purpose of an interpretation is to answer a very
fact specific question about the Code. Not intended to be an answer to
hypothetical question or a broad question. Need specific facts and specific set
of one or more provisions in the LDC, then there's a need for an interpretation
because of the peculiarity of the facts or ambiguity in the code. Cross
referencing is a great idea, but he did not want to give people the impression
that is the answer to all the concerns about the regulations.
The role of interpretation is solely limited to the Planning Services Director or
the County Attorneys office.
- Desk drawer policies were discussed.
- Any need for interpretation or expressions should be put into format for a
staff clarification. Will then be reviewed and see if there is a need to change
the LDC, and it should be in writing.
- Mr. Mulhere stated there should be a citing attached.
Concurrent Review of SDP's and Building Permits were discussed.
3
April 2, 2003
Mr. Schmitt stated the decision was made previous to his time and made
because the applicant would submit a building plan; the SDP wasn't approved,
and then caused a re-review of the plan. To conclude the double review
process they have the SDP approved first before a building permit is issued. It
was a matter of servicing products twice. Get the
SDP, and then get the design for the building review.
It was noted it takes 6-8 weeks for the approval time for a project. Anything
they can do to shorten it would be a service enhancement.
The subject was tabled until the next meeting.
Continued with Subcommittee Codes
B. Construction Code- Dino Longo
Sub Committee did not meet.
Utility Code (Justin Martin)
Met on March 18 & minutes were distributed. Did final revisions, will
have some additions and be reviewed on April 18th. The changes will be
forwarded to DSAC.
The Sub-Committee meets on the 3rd Tuesdays of the month.
Sub-Committee sheets were handed out.
C. Operations and Budget (Dino Longo)
Need members for Committee.
New Business:
Mr. VanArsdale mentioned they have to prepare an Annual Report for the
Board of County Commissioners every year. He had drafted a report and
handed it out to the members.
This applies to a set of Code provisions that apply only to the DSAC.
Discussion followed on the scope of the Committee. The report should be
made to advise the Board of County Commissioners of the accomplishments
and progress made.
Patrick White read from the Code that deals with the report as follows: "Submit
an Annual Report to the County Administrators/Board of County Commissioners
which shall summarize findings and issues during the report year and the status of
the resolution." Should be based upon when the last report was issued.
4
April 2, 2003
Dino also read the "powers and duties" which can be consolidated into the Annual
Report. "To provide input to staff requiring the rules, process and procedures
associated with the Development Industry - Par. 6 - to compare and recommend to
the Board of County Commissioners technical and administrative programs designed
to enhance efficiency and customer services of the Community Development
Environmental Services."
Mr. Foley left at 4:37 PM.
Justin Martin moved to report a summary of findings of the DSAC committee
effective from the last annual report summarizing for one year including the
sub-committee findings and any additions nor deletions be submitted by DSAC
committee members at the next DSAC meeting.
Seconded Mr. Peek.
A lengthy discussion followed on the procedure and the previous Chairman making
out the Annual Report for the last calendar years activities. The report should not be
on personal opinions but actions the committee has taken
Dino stated he would report on actions of the motions made at the meetings.
Mr. VanArsdale feels the problems they encounter with rates etc. need to be brought
to the attention of the County Commissioners.
More discussion followed on a Bill proposed, fees, audit by Mr. Brock of Fund #113,
fees paying for General Fund and Community Development Services.
Patrick White stated somewhere along the line the taxpayers of the County will be
required or requested to write a check to reimburse Fund #113. He felt the
Committee should be focusing on the issues they are concerned about.
Mr. Mulhere would like to suggest putting in the report "Committee Summary Work"
- what the Sub-Committees did and all the time spent on 2-3 LDC Cycles. The
amount of hours was tremendous and also the issues the Committee has dealt with
during the year and matters they will be dealing with in the coming year.
Justin modified the motion to read "the report should be for the last year
(Calendar year) through December 2002, submit it now, summarize the findings
of the committee during that period of time and dated back from the last Annual
Report which will include the Sub-Committee findings. Mr. Peek agreed with
seconding the modified motion.
Dino Longo will make out the report with the help of Patrick White.
The Sub-Committee Chairmen are to E-Mail Mr. Longo their accomplishments.
Motion carried unanimously 10-0.
5
April 2, 2003
VI.
Committee Member Reports:
Question of Patrick White was asked concerning the FEMA situation.
He responded by saying they are looking for their feedback for the methodology on the
re-study and final determination from them for the on-going study. They are close to
getting their written comments in response to the Counties comments on the appeal.
Nothing is official yet on the maps.
Mr. Masters left at 4:50 PM.
Mr. Peek left at 5:00 PM.
Mr. Savage talked about impact fees on the sale of homes and feels they should be
looking into the situation.
He stated Livingston Road is a great project.
There being no further business for the good of the County, the meeting
adjourned by the order of the Chair at 5:03 PM.
COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY
COMMITTEE
Chairman Peter VanArsdale
6
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME--MI/~DLE NAME
MAILING ADDRESS
DATE ON WHICI:t VOTE OCCURREd
COUNTY
dolb r
NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY. OR. COMMITTEE
THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR'COMM~ ~ I I=l:: ON
WHICH I SERVE IS A UNIT OF:
r3 CITY J:;I-eOUNTY D OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
ELECTIVE ~t~'PPOINTIVE
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 redeve]opmen! agencie[s 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 recordi,ng 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 8B - REV. 1198 PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form midst be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO A'I-rEMPT 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.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
(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
whom I am retained; or
inured to the special gain or loss of
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:
which
Date Filed
S i~l/natt~/e -
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
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - REV. 1/98
PAGE 2