BCC Minutes 06/19/2007 W (PUD Workshop #8)
June 19,2007
MINUTES OF THE MEETING OF THE BOARD OF COUNTY
COMMISSIONERS PUD AUDIT WORKSHOP # 8
Naples, Florida, June 19,2007
LET IT BE REMEMBERED, that the Board of County Commissioners/
PUD Audit Workshop #8 in and for the County of Collier, having conducted
business herein, met on this date at 9:00 A.M. in Building "F" of the Collier
County Government Center, 3301 E. Tamiami Trail, Naples, Florida, with
the following members present:
CHAIRMAN:
Commissioner James Coletta
Commissioner Tom Henning
Commissioner Fred Coyle
Commissioner Frank Halas
STAFF PRESENT: Sue Filson, Executive Manager to the BCC
Jim Mudd, County Manager
Joe Schmitt, Administrator, CDES
Maryann Devanas, Supervisor, PUD Monitoring
Claudine Auclair, Principal Planner, Transportation
Nick Casalanguida, Transportation
Stan Chrzanowski, Manager, Engineering Review
AGENDA
June 19, 2007
9:00 a.m.
BCC/PUD Audit Workshop #8
3'" Floor Boardroom
W. Harmon Turner Building
Jim Coletta, Chairman, District 5
Tom Henning, Vice-Chairman, District 3
Donna Fiala, Commissioner, District 1
Frank Halas, Commissioner, District 2
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 eB/QB TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED PUBLIC
SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 20~5, AS AMENDED, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITlES (INCLUDING, BUT NOT UMITED 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 ENmLED, 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) 77~380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
1. Pledge of Allegiance
2. Planned Unit Development (PUD) Audit Report
3. Transportation Services Division, Transportation Planning Audit Review Update
4. PUD Monitoring Project Review
5. Collier County Outreach Program Update
6. Public Comment
7. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY MANAGER'S OFFICE AT 77441383.
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June 19, 2007
June 19,2007
Call to Order
The Workshop was called to order by Commissioner Jim Coletta at 9:01 A.M.
Pledge of Allegiance was led by Commissioner Tom Henning.
County Manager Jim Mudd reviewed the agenda, stating the following topics to be
covered.
I. PUD Audit Report
2. Transportation Planning Audit Review Update
3. PUD Monitoring Project
4. Collier County Outreach Program
Mr. Mudd lurned over the presentation to Maryann Devanas, PUD Monitoring
Supervisor and Engineering Services within the Community Development and
Environmenlal Services Division.
1. Maryann Devanas presented findings of the 8th group of audited PUDs with a power
point presentation and an illustrated hard copy binder. (Handout)
Audit report of the findings and compliance measures:
. Have been reporting findings at audit workshops since June, 2003
. Of the 304 inspected PUDs since then, less than one third were found in
compliance during first inspection.
. Currently reporting on 370 PUDs, whose status was: 100 built out; 23 sunsetted;
216 active and 1 monitored in stewardship receiving area-Ave Maria.
. Since last workshop 10 new PUDs have been activated; averaging 16 new PUDs
over past four years.
. Map was provided, the showing 50 inspected PUDs and their compliance status.
. The 12 out of compliance were named along with the non-compliant issues;
mostly environmental issues, which were found to be poor in oldest PUDs
inspected.
. Factor affecting non-compliance is lack of oversight of governing documents due
to the change in ownership within the PUDS.
. Inspections are complaint driven; owners hard to find.
. Reorganization and lack of staff,
Pictures and aerials were shown as examples of some of the environmental issues not
compliant with site development plan; illustrating the importance of annual monitoring
inspections. These included:
. missing preserves and/or wetlands as shown on site development plan
. no screening of dumpsters; missing fencing; safety hazards
. homeless inhabiting preserves
. deficient landscaping; un-maintained right of way and debris.
Maryann stated that the County's goal is to reach compliance in all PUDs and to maintain
that compliance through a number of programs:
. Audit program to insure all commitments are met.
. Non-compliance passed on to owners-outreach programs to associations
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June 19,2007
. Monitoring program meant to be done aunually.
. Lack of staff issues and frequent turnover, reasons monitoring not done annually
With BCC direction, PUD monitoring staff plans to focus on creating a final inspection
program whereby compliance is verified prior to turnover. Also, the staff has initiated
some procedures for compliance at the pre-application stage of the developments
application.
The presentation was then over to Transportation, with the request that public comment
and questions be held until the end of the presentation.
2. Claudine Auclair, Principal Planner, Transportation Services, presented issues related
to compliance and fair share analysis:
Staff has initiated new policies to achieve compliance with PUDs and Developments of
Regional Impact (DRIs) commitments that include:
. Informing developers of commitments at pre-application meetings
. Adding notes and stipulation at time of site development review
. Denying development orders
. Withholding issuing Certificates of Occupancy
Challenges had been found with older Homeowner Associations (HOAs) in that:
. Commitments by original developer were not honored, not completed or were
modified by prior staff.
. Current owners challenge responsibilities for commitments not initially addressed
at turnover review.
. Escalating road costs and impact fees have affected prior commitments referring
to "fair share".
. Each review and audit requires up to 12 hours of research, inspection, meetings
and documentation.
The Transportation Services Department would establish new initiatives to resolve issues.
Some of those mentioned were:
. To tie all transportation commitments to a time certain ( require developers to
fulfill their commitment within 120 days of adoption of the ordinance by
supplying a bond)
. To work with CDES on the turnover program
. To utilize technology assistance (IT dept.) with GIS tracking system
The system would provide status information for transportation commitments as well as
review of development order applications, right of way permits and annual monitoring
for compliance. It would be indicated as follows:
Green would mean site is in compliance and SDP is allowed to continue review process.
Yellow would mean staff should verify monitoring reports for status commitments.
Red would mean alert to staff and to notify the developer that development cannot
proceed due to unmet commitments.
The following were recommended by the Transportation Department:
1. Adopt a strict non compliance rule within the PUD ordinance and the LDC.
2. Promote "Buyer Beware", working with CDES and the turnover team.
3. Support development order denials and withholding ofCOs where applicable.
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June 19, 2007
4. Increase technology initiatives rather than more staff time.
Jim Mudd, County Manager, offered an example of problems at a certain development
where, if initiatives had been in place, monitoring situations such as those demonstrated
would not have happened.
Nick Casalanguida noted the difficulty of enforcement in some older developments. He
plans to bring back over the next few months, some recommendations for the BCC's
consideration; namely, means to deal with issues where little enforcement has occurred,
due in part to comparisons offair share now and in years back.
Commissioner Halas had concerns that once PUD was brought into compliance, what
follow-up would be done to keep in compliance in future, especially in older and add on
developments. Also, where would liability for commitments fall when this issue is not
well documented.
Maryann Devanas responded that annual monitoring, if development was still active,
and audit cycle, if built out; or, complaint driven and in cooperation with Code
Enforcement would aid in meeting and keeping compliance.
She stated that legally, commitments are the responsibility of the owners and of the
buyers, who need to do due diligence. The programs being instituted and the outreach
education programs should bring positive results.
Joe Schmitt noted measures being taken include:
. Commitment agreements
. Monitor starting in pre-applications process
. If outstanding commitments on any parcels of developer exist, development order
will not proceed with either plan or plat.
. Withhold COs (not as good, because onus is on consumer rather than developer)
. Code enforcement
. Special Master
Commissioner Henning had several questions:
He asked at what point PUD monitoring/auditing would cease.
Maryann Devanas stated it was once at 90% build-out, but now is atJOO% build-out.
He requested Maryann to research the status of Whistlers Cove and of Summers Glen.
He asked if the County is making PUDs come into compliance with SFWM permitting or
are just alerting the district.
Maryann Devanas replied that the County was acting as a second tier for notification to
SFWM; and if major issues arose before turnover, CO's might be withheld.
He inquired about the ability to coordinate with the platting department to see if new
PUDs are up on their commitments or through their bonding.
Stan Chrzanowski offered information that the SFWM doesn't know when project
turnovers occur. Permits are in the name of the developer, who may be out of state and
cannot sign off on permits. The best scenario would be to make sure HOAs become the
permitee at turnover. Also, alerting the district at turnover.
He also spoke to the coordinating of the monitoring department with plans, platting and
Transportation departments, who each review plats and communicate with each other.
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June 19,2007
He noted that bonds are held on everything in the event of problems.
Commissioner Coletta asked ifit was an issue of not living up to rules at time ofPUD
creation or an issue of them being retroactive. He expected that yearly reviews would
correct this.
Maryann Devanas responded that the monitoring is only on commitments at time of
adoplion of PUD. Managers or owners may be unaware of rules and commitments they
are under, with no annual inspections. Monitoring/auditing should be continued once
built out. Need is for sufficient staff for inspections.
Commissioner Coletta requested a status update on the staffing situation.
Joe Schmitt reported that approval had been given to hire environmental staff. Staffing
is in direct proportion to revenue which is now not sufficient in spite of measures taken to
reduce staff to match revenues. With reduction in PUDs made less revenue /Tom permits.
Commissioner Halas questioned developer escrows. He stated that the goal of the
program was to hold developers to compliance and get inspections done ahead of
turnover.
3. Maryann Devanas continued with her presentation, which contained items that
addressed some of the issues previously discussed.
Review of Monitoring Projects
. Audit Inspection provides information that is reported at the Annual Audit
Workshops.
. Annual Monitoring Program provides information tracking active developments.
. PUD intensity and intensity verifications for built-out (provided in handout
binder)
. Final inspection process
. Coming to BCC for built out confirmation for action to approve staffs
determination of built-outs, noting changes prior to turning over to built-out
status.
Confirmation Process
. PUDs who have met commitments list
. Final built out declaration would generate no reporting status; to reopen would be
only with a PUD amendment.
. Referred to LDC amendment in which requires a minimum of six months notice
to Engineering Dept prior to turnover to an association
. Comprehensive Checklist Inspection, requiring completion of a County issued
checklist of granted approvals and permits
4. Update of Outreach Project.
As part of the Monitoring Program, the outreach initiatives include
. Being a point of contact for HOAs and POAs BI-Annual POAP Meetings (last
held 3/22 at N. Collier Regional Park with 90 attendees) helpful presentations
including Sheriff Deputy on crime prevention; CMA member on how to be a
better board member; legal counsel provided legislative updates; State's
Condominium Ombudsman on purpose ofthe office, who reported they resolve
over 75% of cases they handle.
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June 19,2007
. Community Association Manual- (among other information, a roster of primary
and secondary year round contacts in case of emergencies) - Will be on web site.
. PUD Quarterly Newsletter - an educational and community notice publication
. Manual and Newsletter will be on web site and e-mailed on request to
associations providing e-mail addresses. (budgetary constraints prevent
distribution of printed copies)
Commissioner Coyle asked for clarification on notification to SFWMD, how they are
notified and the timeliness of that notification is.
Steve Nagels, SFWMD, stated that notification was provided through a list ofPUDs that
are currently being audited. He stated that he is the sole inspector in this area and he
coordinates and communicates with the Monitoring group and with the Engineering Dept.
in catching up projects and documents. All reports are copied to each group. He noted
that his job is to insure codes are followed, sending deficiency letters if not. The
certification and inspection process was explained, including the fact that some
inaccuracies occasionally do occur.
Commissioner Coyle suggested tracking engineers who are consistently providing
inaccurate reports and that they be held accountable.
County Manager, Jim Mudd informed the Commissioners that the Departments of
Business Regulations governs engineer licensing complaints.
Public Comment:
Patricia Laslo, Laurel Lakes, spoke on her support of the community outreach program
and the problems their development had experienced with the developer. The outreach
program's assistance helped them to hold developer accountable for compliance. Their
community continues to work with Community Development.
David Shepherd, Cypress Woods Association, cited the fact that had the pre-turnover
process been present, their development would not be experiencing the problems they
have had. He praised the monitoring and auditing program. They are still working on
problems with the developer on checklist. Members of their association support the HOA
presentations, have attended the educational meetings and found them to be productive.
Suggestions given were:
1. Ongoing periodic monitoring is needed, even after turn-over
2. County needs to make sure the job is done right the first time. Not opposed to
paying for needed staff to accomplish this.
Diane Ebert, Old Cypress Association, made note that their association has not yet been
turned over. They are now under the new December law requiring the six month notice
prior to turn-over. Developer problems regarding umeported escrow monies paid and not
providing what is on the plat. She expressed gratitude for the guidance that Maryann
Devanas and her assistant have provided. She asked assurance that more staff be made
available to insure that Developers come into compliance with what was promised and
not just be allowed to pay a fine and not follow the new law.
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June 19,2007
Discussion followed and revolved around:
. Originally, PUD monitoring audit of the 371 PUDs was to be a one-time activity.
. Code Compliance to enforce ordinances regarding landscaping and litter issues.
. Annual audit brings issues to attention; then reported to Code Enforcement to deal
with.
. Annual monitoring/auditing to keep PUDs in compliance requires added staff
. After built-out declaration, inspections stop; then Code Enforcement takes over.
. 90% of Code Enforcement activity is generated by call in complaints.
. GIS data base will aid in shared information and in update ofPUD compliance
. First 25 PUDs coming to BCC as Declared built out
Maryann Devanas explained that lengthy research for staff is involved. She gave a
recommendation to hire a generalist that all reports and information would be funneled
through, in order to prevent re-researching and multiple inspections by the various
departments; especially when staff turnover is prevalent.
Commissioner Coletta spoke about the shrinking ad valorem tax that will create the
need for creative initiatives to coordinate services and to involve the cooperation of the
public as well as best efforts of the various departments.
On behalf of the Commissioners, he thanked Maryann Devanas for her presentation and
all the participants for their comments.
Workshop ended at 10.30 A.M.
There being no further business for the good of the County, the workshop was
concluded by the order of the Chair at 10:30 A.M.
*****
BOARD OF COUNTY COMMISSIONERS
PUD AUDIT WORKSHOP
Chairman Commissioner James Coletta
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by Board/Committee on
presented or as amended
as
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June 19,2007
Discussion followed and revolved around:
. Originally, PUD monitoring audit of the 371 PUDs was to be a one-time activity.
. Code Compliance to enforce ordinances regarding landscaping and litter issues.
. Annual audit brings issues to attention; then reported to Code Enforcement to deal
with.
. Annual monitoring/auditing to keep PUDs in compliance requires added staff
. After built-out declaration, inspections stop; then Code Enforcement takes over.
. 90% of Code Enforcement activity is generated by call in complaints.
. GIS data base will aid in shared information and in update ofPUD compliance
. First 25 PUDs coming to BCC as Declared built out
Maryann Devanas explained that lengthy research for staff is involved. She gave a
recommendation to hire a generalist that all reports and information would be funneled
through, in order to prevent re-researching and multiple inspections by the various
departments; especially when staff turnover is prevalent.
Commissioner Coletta spoke about the shrinking ad valorem tax that will create the
need for creative initiatives to coordinate services and to involve the cooperation of the
public as well as best efforts of the various departments.
On behalf of the Commissioners, he thanked Maryann Devanas for her presentation and
all the participants for their comments.
Workshop ended at 10.30 A.M.
There being no further business for the good of the County, the workshop was
concluded by the order of the Chair at 10:30 A.M.
*****
BOARD OF COUNTY COMMISSIONERS
PUD AUDIT ORKS OP
Chair
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Rfc~~t:(.#C;~
GHT E. BROCK,:tLERK,
These minutes ap~~~BOar(}fCO~ii'ittee on ".:}-1~4t6t as
presented l7'~;-;s ll'~wnlfed . .
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