BCC Minutes 06/13/2006 W (PUD Workshop #6)
June 13, 2006
MINUTES OF THE MEETING OF THE BOARD OF COUNTY
COMMISSIONERS PUD MONITORING WORKSHOP
Naples, Florida, June 13, 2006
LET IT BE REMEMBERED that that Board of County Commissioners,
having conducted business herein, met on this date at 9:00 a.m. in
WORKSHOP SESSION in Building "F" of the Government Complex, East
Naples, Florida with the following members present:
CHAIRMAN:
Commissioner Frank Halas
Commissioner Fred Coyle
Commissioner Jim Coletta
Commissioner Donna Fiala
Commissioner Tom Henning
ALSO PRESENT: Jim Mudd, County Manager
Sue Filson, Executive Manager, BCC Office
Marjorie Student-Stirling, Assistant County Attorney
Joe Schmitt, CDES Administrator
Maryann Devanas, Senior Planner, Engineering
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
PUD IOU WORKSHOP #6
June 13,2006
9:00 a.m.
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
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. 2004-05, 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.
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 IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
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June 13, 2006
1. Pledge of Allegiance
2. Audit Report
3. Monitoring Advancements
. Final Inspection Process
. Website
. Monitoring Report Automation
4. Outreach Program
5. Public Comment
6. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE
MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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June 13, 2006
June 13, 2006
I. The Workshop was called to order by Chairman Frank Halas at 9:00 a.m.
June 13, 2006. The Pledge of Allegiance was recited.
County Manager Mudd reviewed agenda for Workshop #6, Planned Unit
Development-IOU for 3-year period of time. Workshop to consist of update on
program initiatives. Mr. Mudd indicated that 50% of PUDs have been inspected.
Mr. Mudd turned over presentation to Maryann Devanas.
II. Using a power point presentation, the PUD Audit Program Report was
summarized by Maryann Devanas.
. 58% completed audit inspections (204 of 353 PUDs recorded).
. Staff averaging 50 audits per year.
. Workshops have made impression on developers and regulatory professionals.
. Workshop agenda covers audit report, monitoring advancements.
. Collier County monitors 1 stewardship (Ave Maria) and 353 PUDs of which 37
are of development of regional impact.
. Now using geographic sampling for audits.
. Compliance findings for 50 audits: 26 in compliance, 4 in substantial compliance,
and 11 can be brought into compliance, and 7 are out of compliance. One is being
presented to the BCC for action to possibly extend sunsetting regulation; the other
one has sunsetted.
III. Monitoring advancements -
. Initiating a final inspection program to ensure developed accountability. LDC
amendment section 10.02.13 will be amended to grant County Manager authority
by letter to release commitments that are no longer necessary.
Joe Schmitt explained proposed change in LDC. An engineering company is
contracted to inspect; the developer will pay for this. The inspection will be
handed over to the homeowner or HOA. Tom Cook is to oversee this process.
This will be compliance inspection on development criteria, land use criteria,
sidewalks, etc.
Commissioner Fiala asked how homeowner or HOA would know that all are in
compliance.
Joe Schmitt responded the County will inspect prior to turnover and advising the
HOA.
Commissioner Fiala asked does County halt turnover if not in compliance?
Joe Schmitt said that this would be legal issue between developer and the
homeowner. The County Attorney was asked how this would be handled.
Marjorie Student-Stirling, Asst. County Attorney indicated that this is a
private matter between developer and HOA or homeowner.
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June 13, 2006
Per Joe Schmitt, comprehensive checklist will be provided, but private persons
will have to actually do the checking and turn over to County. This checklist and
LDC requirements will be presented to BCC for approval before distribution.
Maryann Devanas continued presentation.
. Website is another monitoring advancement. Currently not activated.
www.colliergov.net/engineeringservices/pudmonitoring/Index.htm
-Links to Regional/State Agency, PUD Maps, Educational Videos, PUD
Quarterly Newsletter, and review of PUD monitoring files.
. PUD Commitment Tracking is monitoring advancement. This includes
Ordinance Conversion, GIS Enhancements, Process Review and Data
Management, and Application Design.
. Staff Update. Monitoring Assistant position filled by Kellie Carroll.
Environmental Specialist position filled by Melissa Doughty.
IV. Outreach update-
. POAP (Property Owner's Association Program). There have been 2 meetings
since the last workshop, November 2005 and March 2006. Surveyed attendees'
responses indicate that they would like County staff to attend these meetings.
. PUD Quarterly. The newsletter enables County Staff to distribute pertinent
information to over 450 Homeowner Associations. Last edition was distributed
May 2006.
. Pre and Post Turnover assistance. Ms. Devanas is the point of contact for all
concerns. There has been a significant increase in daily and weekly contact.
Currently recorded 21 HOAs have been assisted since September workshop.
. Council for Sustainable Florida has awarded, once again, Collier County for their
educational outreach program. She thanked the Staff, the Board and
Administration for the support of the outreach program.
Ms. Devanas ended presentation. Meeting opened to questions and comments.
Discussion about PUD Ordinances and their Amendments. Staff of different
departments does the reviews. Environmental Code Enforcement is checking for
Ordinance compliance, but not doing PUD monitoring or auditing. Code
Enforcement and PUD monitoring staffing is decided by BCC.
Question when the remaining 42% ofPUDs expected to be completed.
Mr. Schmitt said the idea was to have all inspected every 3 years; but yearly
PUD's have been added each year, started at 325 and now up to 354 PUDs.
Another piece to be developed is some final determination, which will be part of
an LDC requirement to be developed.
South Florida Water Management District is the main PUD. Does SFWMD staff
oversee the PUD development?
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June 13, 2006
Stan Chrzanowski, Engineering Services Dept. responded that they do a final
inspection. Steve Nagels does it, but he is only one person and he cannot get to
all of the inspections. Currently, there is discussion as to what SFWMD reviews
and what the County reviews.
Steve Nagels responded that District Permit is means HOA can enforce their rules
within their subdivisions and PUDs.
Joe Schmitt explained that he was balancing staff using "temp" or "job bank"
since Code Enforcement is down to 2 staff. Next week, Mr. Schmitt will be
asking for ~ FTE in Engineering Dept. at Budget Meeting.
Maryann Devanas explained that there are an average of 25 inspections per
month along with audit program and offering assistance to HOAs.
Commissioner Halas indicated need to keep focus on the people of the County.
That is why they have the workshops.
Commissioner Henning inquired about when the Cypress Woods I I - 7 5
amendment will be addressed.
Mr. Schmitt responded that it had been addressed during the last LDC
amendment cycle, that their lawyer was apprised and the president ofthe HOA
was present at the LDC meeting. Mr. Schmitt indicated it would be followed up
by recontacting the lawyer.
V. Public Comments.
SPEAKERS
Dawn Bricco - RE: The Sanctuary at Blue Heron (Radio Rd. East of Santa
Barbara Blvd.) The scheduled turnover is August 1,2006. The Outreach
Program has been very helpful. County has been helpful. Items still outstanding
are; no handicap access at clubhouse, but County is enforcing Developer to make
clubhouse 88 compliant. Water meters were promised, but not installed. There is
a lack of landscape buffers and trees. Dead trees are due to faulty irrigation.
Retention pond covered in algae. She asked for guidance on what they can do.
Barbara Black - Resident of Della Sol. (Gated community on Livingston Rd
off Immokalee). She commended Ms. Devanas for the insight to start a program
such as this, to help manage growth. She commended the BCC and MaryAnn and
her staff; they appreciated their efforts. This supports opening lines of
communication, increases HOA participation which helps especially new
residents who do not know about exotic plant removal, maintaining barriers for
landscapes, education hurricane resistant trees and maintaining drainage. As
people are educated, this should create cost efficiency costing less money.
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June 13, 2006
Bob Murray - Director and President of Condominium Association in Lely.
Condominiums that Mr. Murray lives in, the original builder went bankrupt. New
developer stated that they were not to be the Developer of Record. The new
developer sold units without regard for any rules or regulations, no escrow, no
rules on to rent or not, dogs, etc. Perhaps BCC may want to get involved, as this
has become difficult to the homeowners.
His fiduciary responsibility is for hurricane shutters. People will purchase them
and may not go through the HOA. Since the shutters on placed on common
property, the owner may not have the shutters installed without permits or
worker's compensation for employees. Then the HOA may be out millions of
dollars. His suggestion was to have the BCC arrange to require HOAs signature
on the letter of commencement which will assure that HOA is aware that a
contract is being considered.
Ron Anderson - Castlewood (a part of Imperial Golf Estates). Castlewood is
under development. Mr. Sheehan, developer, turned the property over to the
HOA when all 33 home lots were sold. A month ago, Castlewood HOA received
first request for PUD monitoring which included a need for a traffic survey. They
represent about 2% of entire community, and asked if a traffic survey was needed.
He asked ifit was the responsibility of the developer or the HOA. He asked for a
better understanding on the intent of the survey.
Floyd Chapin - Sapphire Lakes. Thanked the BCC and MaryAnn for their
cooperation. These programs are needed; the working together with the taxpayers
is very much appreciated. Ms. Devanas and her Staff have done a superb job.
Groups within the PUDs should communicate with each other and the County.
Thank you to Commissioner Henning.
Georgia Grant - San Migual HOA in the Vineyards. Director of Vineyards
President Council, President of the Vineyards Radio Network, UHF
communications within the Vineyards and Wilshire Lakes. Thanks to Ms.
Devanas, information is invaluable and very much appreciated.
Commissioner Halas questioned The Sanctuary Blue Heron retention ponds
situation.
Ms. Devanas responded that non-compliance issues are brought to the developer
by HOA prior to the turnover. It is possible to hold some certificates of
occupancy to inhibit turnover. This does not work in all PUDs.
Commissioner Fiala suggested halting turnover until all is within compliance.
Marjorie Student-Stirling - Assistant County Attorney said that the County
usually does not regulate private issues like turnover, but she will look into this
further and report back at what degree the County could help regulate in that area.
Question regarding unpermitted work in a HOA condominium setting.
Discussion ensued. Legal input given. General agreement was to have
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June 13, 2006
Homeowner's letter of commencement be signed offby HOA for
Homeowner/contractor to get the permit. If signature from HOA representative is
not obtained, the Homeowner and contractor would be responsible for any
liability.
RE: PUD traffic survey
Nick Casalanguida - Dept of Transportation. If traffic survey is part of the
LDC, 33-unit PUD needs to provide. If arrangements were made in the LDC in
the beginning, then the PUD could be exempt. Different situations discussed. It
was suggested taking statistics from Imperial Golf Estates as Castlewood (33-
unit) is 2% of Imperial Golf Estates.
County Manager Mudd suggested that the PUD borrow a counter for a week or
month from the County. Objective standards need to be included per legal
input. This situation will be considered in the next LDC cycle.
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 10:33 a.m.
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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Commissioner Frank Halas, Chairman
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DWIGIIT E. B<<O.GK, CLERK
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