BCC Minutes 12/06/2004 W (am) (PUD Workshop #4)
December 6, 2004
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS
PUD/IOU WORKSHOP #4
Naples, Florida, December 6, 2004
LET IT BE REMEMBERED, that the Collier County Board of
County Commissioners/PUD-IOU Workshop #4 in and for the County of
Collier, having conducted business herein, met on this date at 9:00 AM in
REGULAR SESSION in Building "F of the Government Complex, East
Naples, Florida, with the following members present:
VICE CHAIRMAN: Commissioner Fred Coyle
Commissioner Tom Henning
Commissioner James Coletta
Commissioner Frank Halas
Chairman Donna Fiala (absent)
ALSO PRESENT: Jim Mudd, Collier County Manager
Joe Schmitt, Administrator CDES
Maryann Devanas, Dept. of Zoning & Land Dev. Review
Marjorie Student, Assistant County Attorney
Nick Casalanguida, Transportation
Susan Murray, Dir. of Zoning & Land Dev.
Norm Feder, Transportation Director
1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
WORKSHOP AGENDA
December 6, 2004
9:00 a.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chair, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
1
December 6, 2004
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. Pledge of Allegiance
2. Evaluation of PUD Commitments
3. Adjourn
2
December 6, 2004
December 6, 2004
1. Meeting was called to order at 9:02 with the Pledge of Allegiance led by County
Manager Jim Mudd. He introduced Joe Schmitt.
Joe Schmitt, Administrator Community Development & Environmental Services -
Introduced the staff persons doing the presentation for their 4th Workshop on the PUD
monitoring.
Will give recommendations for future monitoring and seeking Board direction and
guidance in establishing assistance programs utilized by Homeowner Associations.
Ms. Student will discuss the issue of completed projects that have not maximized their
development rights.
2. Evaluation of PUD Commitments - Maryann Devanas - Senior Planner/Dept. of
Zoning & Land Development Review and PUD Coordinator- her report is as
follows: (Attached)
o Inspection findings - as of December 6,2004 - 105 inspected
o 33 in compliance, 22 substantial compliance, 19 can be brought into compliance
and 2 out of compliance
o Current audit inspections - 29 inspected - total of 105 of the existing 338 PUD's.
o At 2nd Homeowners (Presidents Day) meeting a DVD/VHS Homeowner Assn.
Guide was given out. (A short segment was viewed)
o Many topics were covered at the meeting.
o She covered the survey given out and the findings.
o 93% stated they would like assistance to support their needs.
o Staff found assistance could be provided if they could automate the process and
improve their record retrieval capabilities.
o Goals:
o Automate PUD Monitoring Reports
o Commitment Extraction
o Update Concurrency Infonnation
o Project Coordination
Transportation Division Monitoring Advancements: Nick Casalanguida -
Transportation Planning - Project Manager - reports as follows: (Attached)
o Proposed Build out Monitoring Upgrade
o Goals given - build out data (IT/GIS)
o Real Time modeling for Concurrency Planning
o Establish link between Transportation review and PUD compliance
o Develop a repository of documents and findings
Commissioner Henning asked if staff is looking for a direction today.
Joe Schmitt responded they are looking for direction of how far the County staff should
go. They are pro-active with the HOA in providing guidance, but only so much they can
do. Would have to look at future budgets. Discussion followed on General fund,
building pennit fees and final PUD inspections. Talked about a fee for service.
2
December 6, 2004
Commissioner Henning felt if there is turnover the developer should fund the expense
of the County assistance. If working closer to the HOA, he would like to know the cost
factor.
Commissioner Halas talked about Homeowner groups taking on liabilities of the
Developer. Developer is not always up front and he felt sometimes the County lets the
Developer off easy and turns over their bond issues too quickly. He wants to make sure
when everything is turned over to the Homeowner things are up to standards and all
commitments are met by the Developer.
Commissioner Coyle stated there is a fundamental responsibility to set conditions and
need to make sure they're met. He didn't feel anyone needed to pay a fee to make sure
they are met. Residents are usually not qualified to understand and interpret the LDC.
He would like to get the cost of doing this also.
He felt they have done a good job in the review process and the monitoring is good but
asked about traffic signals. Installing traffic lights should be the obligation of the
Developer and not the homeowner. He asked about Utilities.
Impact fees are based on the size of the meter and intensity and density.
Mr. Schmitt stated there are only so many things they would or could get involved in.
Some are civil issues and the Homeowner would need an attorney.
Commissioner Coletta agreed a good job has been done with the workshops, outreach
program, talking to the Associations and educating them. He would not like to see a
traffic signal unless warranted as it slows down corridors. Does agree funds should be
dedicated in advance - possibly when filing for the PUD.
Commissioner Halas touched on the density proposed and making sure they are
concurrent.
SPEAKERS
Jerry King - Imperial Golf Estates - President of Greater Imperial Board (Master
Assn.) - Resident of Naples for 8 years and commended Joe and Maryann for providing a
point of contact to the Presidents of the Associations. They now have the information
that gives them the knowledge of where to go to address any problems they may have.
The DVD was excellent and passing all the information on to others.
Floyd Chapin - Vice President of Sapphire Lakes Master Assn. - he is supporting
staff recommendations that were outlined. He has attended the workshops and felt they
have been very beneficial to the Homeowners. He stated it is vital to have a tracking
system to help the Homeowners confront the Developers and satisfy their needs. He felt
the Commissioners have a perspective of what is going on and should support the staff
also. May have to impose a fee from the Developers, as he did not want to see an
increase in the taxes. They are still having problems with their (second) Developer after
13 years. He appreciated the fact they are listening. The Homeowner meetings are very
helpful and beneficial.
3
December 6, 2004
Marjorie Student - Assistant County Attorney - presented a conceptual draft
Ordinance. She has not had an opportunity to go through it yet with the Planning staff.
It deals with residential or mixed use PUD's with a residential component. She talked
about dividing and sub-dividing lots and development rights.
Discussed:
o Vesting Provisions
o Sunset provisions
o A phasing schedule
o PUD built out and turnover to HOA
o Asking Developer Amend PUD
o Staff Evaluation - Looking at PUD's, Amendment for actual units, County staff
initiating it because of cost.
o Vested rights and takings
o Go through with Planning and Transportation staff - get in next LDC Amendment
cycle.
Discussion followed on un-built units, infrastructure, traffic study, allocated funds and
accurate counts.
Mr. Norm Feder - Transportation Director - they are looking at approvals for vesting
for adequate public facility certification based on what is available on a roadway for
capacity after taking away the existing trips and checks not cashed. They have set up a
system Countywide. Using PUD monitoring for looking at each project. Discussed
background traffic, evaluating the project and prospect growth. Talked about projects
being built out. Need to acknowledge they are using this as a regulatory tool, and if
overstated, will not win any legal challenges. Need to have infrastructure concurrent
with impacts of development. Do not want to allow the capacity to be used when it isn't
available.
Mr. Schmitt summarized the workshop in stating they will continue with the program
and commended Lisa Koehler and Maryann Devanas for producing the CD. They will
continue to develop the PUD monitoring process. He will assess the requirements and
continue HOA assistance service and look at the fees associated. They will also continue
on with the Ordinance.
Anyone wishing a copy of the CD can contact Maryann Devanas at 213-2932.
*****
4
December 6, 2004
There being no further business for the good of the County, the workshop was
adjourned at 10:12 AM.
COLLIER COUNTY BOARD OF OUNTY
COMMISSIONERS PUDIIOU RKSHOP #4
. . '. i~'~ ' . ¡ 'i " ,i Íi f i ~: .
ATTE~'T'fO'" . r' .,.
_ ,'. p:..,~,~~ ~;~!,1' "
\' .oJ.'.\' loll' ,', ,'~ .' ",
D~J.GHTE:'B~C~, CLERK
~~L:j~o'C.
-1ttu-t .S .< Chi, ',~~~fL..·t
s1' !\atul" -. - ,- '- ~
Thes.g'knmt~s~~Ýed by the Board on (--il ""Zbc..rJ
as corrected
, as presented
/
or
5