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DSAC Minutes 02/03/2021February 3, 2021 MINUTES OF THE COLLIER COTINTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, February 3,2021 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 REGIILAR 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 (via Zoom) James E. Boughton Clay Brooker Chris Mitchell (via Zoom) Robert Mulhere Mario Valle (Excused) Norman Gentry (via Zoom) Marco Espinar Laura Spurgeon DeJohn Jeremy Sterk (via Zoom) JeffCurl John English Mark Mclean ALSO PRESENT: Patricia Mill, Operations Manager, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Jeremy Frantz, LDC Manager Mike Ossorio, Director, Code Enforcement Division Jay Ahmad, Director, Transportation Engineering Matt Mclean, Director, Development Review Rich Long, Director, Plans Review and Inspections Ken Kovensky, Director, Operations and Regulatory Management Richard Henderlong, Principal Planner February 3,2021 Any persons in need of the verbalim record of the meeling may request a copy of lhe audio recording from the Collier County Growlh Managemenl Department. 1. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00 p.m. Mr. Foley moved to allow Mr. Mitchell, Mr. Slerk, Mr. Dunnavant and Mt. Gentry to participate in the meeting remotely due lo an extraordino.ry circunslance, Second by Mr. Curl. Carried unanimously 10 - 0. 2. Approval ofAgenda Mn Curl moved to approve the Agenda. Second by Mr. Mulhere. Canied untnimoasly 14 - 0, 3. Approval of Minutes a. DSAC Meeting - December 2, 2020 Mr. Brooker moved to approve the minules of lhe December 2,2020 meaing as presented. Second by Mr. Mulhere. Carried unanimously 14 - 0. b. DSAC LDR Subcommittee Meeting - December 15,2020 (Subcommittee Members only) Mr. Curl moved to approve the minutes of the December 2, 2020 meaing as presented. Second by Mr. Foley. Carried unanimously 5 - 0. 4. Selection of Chair and Vice Chair Mr. Mulhere moved to appoint William Varian as Chairman of lhe Development Services Advisory Commitlee. Second by Mr. Brooker. Carried unanimously 14 - 0. Mr, Varian moved to appoint Blair Foley as Vice Chairman of the Development Services Advisory Committee. Second by Mr. Mulhere. Carried unanimouslJ) 14 - 0, 5. Public Speakers None 6. StaffAnnouncementsrupdates a. Code Enforcement Division update - Mike Ossorio Mr. Ossorio provided the report"Code Enforcement Division Monthly Report December 22, 2020 January 21, 2021 Highlights" for information purposes. He noted: . The Quality Assurance and Quality Control efforts continue in the Division with scoring at a 95 percent level which is up from 72 percent during the previous year. . The Division is fully staffed at this point with temporary and full+ime employees. o The demand for lien searches continues with 1649 completed last month. . Review of the Division's interaction with Domestic Animal Services is ongoing to determine any processes which may be streamlined. o The Special Magistrate ruled she does not have jurisdiction for hearing violations ofthe face covering emergency order issued by the Board of County Commissioners and Code Enforcement has requested a re-hearing on the matter. o Currently 40 percent ofall cases are building violation related and review is underway to determine any means available to reduce the load. . Staff conducted a drive through with newly elected Commissioner LoCastro. February 3, 2021 . Statewide initiatives for 2021 include short term rentals preemptions, restricting investigation ofanonymous code violation complaints which are currently only allowed in the County for Health, Safety and Welfare issues and clarifying local restrictions on home occupation licensing. b. Public Utilities Division update - Eric Fey or designee Mr. Fey submitted the monthly report on response time for "Letters of Avoilobility, Utility Deviotions and FDEP Permils" for information purposes. He noted response times are improving and the Utilities Subcommittee met in December to review the conveyance process and another meeting is slated for later this month. c. Growth Management Department/Transportation Engineering and/or Planning - Jay Ahmad or designee Mr. Ahmad reported: o Palm River Bridge - Construction to be completed mid to late February, 6 months ahead of schedule. o Veterans Memorial Blvd. - Clearing for Phase I underway with road construction to serve the new high school slated for May. . Vanderbilt Beach Road Extension - Design 60 percent complete with property acquisition (approximately 270 parcels) slated for March - November of 2021 .o Triangle Blvd. - US 4l improvements in are slated for a March start.. Goodland Drive - Contract consideration February 2lst, project involves elevating the roadway to address flooding issues. d. County Fire Review update - Shar Beddow and/or Shawn Hanson Ms. Beddow reported: . Review time frames are at an acceptable level.r The NFPA is holding classes virtually which fill up quickly. There is the potential for local classes being offered in the future. . The buildings at Courthouse Shadows are slated for demolition. o The search is underway for a new Fire Chief. e. North Naples Fire Review update - Capt. Sean Lintz or Daniel Zunntnqri Mr. Lintz reported: o Plan review tumaround times are acceptable at this point. . Video inspection continues to address safety concems during the pandemic. . Updates to the website continue. o Daniel Zunztnegui has been named Deputy Director ofPlan Review. f. Operations & Regulatory Mgmt. Division update - Ken Kovensky Mr. Kovensky submitted the "Collier County January 2021 Monthly Statrsllcs " which outlined the building plan and land development review activities. The following was noted during his report: o December 2020 activity saw a 30 percent increase year over year, mainly due to the new Florida Building Code changes which went into affect on January 1,2021. . January 2021 activity returned to the same levels year over year. o This is the third year in a row the County is likely to see 51,000 +/- permit applications. F ebruary 3, 2021 o Permit intake is now meeting demand and adjustments to call center service were undertaken to ensure adequate service levels are being met. o Rose Burke has been named the new Business Center Manager. Mr, Long reported: o The Division is behind in processing residential permit applications given the surge ofrequests filed in December ahead of the changes to the Florida Building Code which became affective lanuary 1,2021. r Demand for inspections remains high with approximately 1,000 conducted on a daily basis.. Staffcontinues work on modifications to the Property Permit Report (PPR) addressing historically permits left open by applicants. lt includes relocating the data from the CD-Plus format to the CityView platform when possible. g. Development Review Division update - Matt Mclean Mr. Mclean reported . Cormac Giblin has been named Planning Manager for the Division.. Approximately 3,000 single or two-family home building applications and 1,900 lots were platted in 2020. The year also saw 130 projects closed out.. The Utility Subcommittee will be meeting on February 24 to continue review of the conveyance process. The item may be heard by the DSAC in March. . Parties should note those proposing payments in lieu of sidewalks should propose the request during the permit process and not seek the allowance during after development review is completed. h. Zoning Division Update - Anita Jenkins or Designee Mr, Frantz reported work continues to fill staff vacancies to ensure service levels remain acceptable. 7. New Business a. LDC Amendments i. PL20200002505 - Public Notice Distance - Urban & Rural Golden Gate Estates LDCSectiontobeAmended:10.03.05-RequiredMethodsofProvidingPublicNotice Mr. Henderlong presented the proposed amendment noting it increases the written public notification distance to property owners for land use petitions within the Rural and Urban Golden Gate Estates of the Golden Gate Area Master Plan (GGAMP). Mr. Brooker, Chairman of the Land Development Review Subcommittee reported they met to review the proposed amendment and recommended its approval with the caveat the notification distance be set at 1,500 feet for the Urban Area and 2,500 feet for the Rural Area. The rationale is 2,500 feet was excessive in the Urban Area given the large number ofparcels involved in the notification zone as it is characterized more densely developed areas. Mr. Mclean stated he was not in favor of extending the notification requirement for any area and could not support the proposed amendment. Mr, Brooker moved lo recommend the Board of Counly Commissioners adopl the proposed amendment as presented by staff Second by Mr. Foley. Carried unanimousl! 13 "yes" - 1 Mclean voted "no." February 3, 2021 ii, PL20200002512 - Golf Course Conversions - Soil & Groundwater Testing LDC Section to be Amended: 3.08.00 Environmental Data Requirements 5.05.15 Conversion of Golf Courses Mr. Henderlong presented the proposed amendment noting it clarifies when soil and groundwater sampling is required in the development review process for the conversion ofgolfcourses to non- golfcourse uses. It allows an applicant flexibility in the process by deferring the required soil and/or groundwater sampling to the time ofthe early work authorization, site development plan (SDP), and subdivision plat (PPL) submittal. Mr. Foley reported the Subcommittee reviewed the proposed amendment and recommended it be approved as presented by staff. Those interested should be aware the testing may be completed early in the process as the timeframes outlined are later in order to provide flexibility for the parties involved to undertake the work ifthey so desire. Mn Foley moved to recommend the Board of County Commissioners adopt the proposed amendment as presented by staff, Second by Mr. English, Carried unanimous\ t3 - 0. Mn Mulhere abstained due to a conflict of interest. 8. Old Business None 9, Committee Member Comments None 10. Adjourn Future Meeting Dates March 3, 2021 - 3:00 p.m. April1,,202l - 3:00 p.m. May 5,2020 - 3:00 p.m. There being no further business for the good ofthe County, the me€ting was adjourned by the order of the Chair at 4:00 P.M. COLLIER COUNTY DEVELOPMENT SERV■CESADVISORY COMMITTEE Chairman. William Varian Thcse Minutcs wcre approvcd by thc Board/Chail11lan on_摯 ,aS prcscnted_____,or as amcndcd 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 Robert J. Mulhere Collier County Development Services Advisory Council MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 950 Encore Way, Suite 200 WHICH I SERVE ISA UNIT OF: CITY COUNTY 0 CITY (COUNTY 0 OTHER LOCALAGENCY Naples C011ier NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Collier County 12-3-2021 MY POSITION IS: ❑ ELECTIVE 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 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 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 would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a 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(CRAs)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 minutes 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 are not prohibited by Section 112.3143 from otherwise participating 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 page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST Robert J. MUlhere hereby disclose that on February 3, 20 21 (a)A measure came or will come before my agency which (check one or more) 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 a client of the company I work for by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling 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: The item was a proposed Land Code Amendment to defer the time when Soil and Groundwater Testing is required during a conversion of a golf course to another use. The testing is required, at present ,as part of an "Intent to Convert Golf Course"application. The land code amendment proposed to allow an applicant to defer the testing to a later date, at the time of submission of a development order, either plat or site development plan. Hole Montes, the company I work for has a client who intents to convert a golf course to anther use. While the proposed amendment does not eliminate the need to do soil testing, it does allow an applicant to defer that testing to a later process. In my opinion, due to the fact that I am working with a client how has an intent to convert a golf course, this could be construed as a conflict of interest. It is for this reason that I abstained form voting. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 2-22-2021 Date Filed Signature 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-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.