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DSAC Minutes 05/07/2008 R May 7, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, May 7, 2008 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 P,M, in REGULAR SESSION in Conference Room #610 in the Collier County Community Development and Environmental Services Center, 2800 N, Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Varian Charles Abbott James Boughton Clay Brooker (Excused) David Bryant (Absent) Laura Spurgeon Dejohn Dalas Disney David Dunnavant Marco Espinar Blair Foley George Hermanson Reed Jarvi Thomas Masters Robert Mulhere ALSO PRESENT: Susan Istenes, Director, Zoning & Land Development Review Judy Puig, Operations Analyst, CDES Catherine Fabacher, Zoning & Land Development Review, LDC Manager Bob Dunn, Director, Building Review and Permitting Heidi Ashton, Assistant County Attorney Nick Casalanguida, Director, Transportation Planning Phil Gramatges, Interim Director, Public Utilities & Engineering Department Bill Lorenz, Director, Engineering & Environmental Services Ed Riley, Fire Code Official Mike DeRuntz, Comprehensive Planning Gary Mullee, Business Management & Budget, CDES I DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA *Revised May 7,2008 3:30 p.m. Conference Room 610 I. Call to order II. Approval of Agenda III. Approval of Minutes from April 2, 2008 meeting IV. Staff Announcements/Updates A. CDES Update - Joe Schmitt B. Transportation Division Update - Nick Casalanguida C. Public Utilities Division Update - Phil Gramatges D. Fire Review Update - Ed Riley V. Old Business A. LDC Amendment discussion VI. New Business A. Initial draft of the FY 09 budget - Gary Mullee B. Proposed optional expedited building permit plan review fee - Gary Mullee C. Proposed 61 G15 fees - Gary Mullee D. ABC or lime rock required for base for turn lanes - Nick Casalanguida E. Update to Public Utilities Master Plan - Phil Gramatges F. New DSAC Committee member applications - Review/Endorsement VII. Staff Comments A. Reminder next meeting date is June 11 th (2nd week) and time is at 1 :00 pm VIII. Adjournment Next Meetinq Dates June 11, 2008 CDES Conference Room 610 - 1 :00 pm July 9,2008 CDES Conference Room 610 -1:00 pm August 6, 2008 CDES Conference Room 610 - 3:30 pm September 3,2008 CDES Conference Room 610 - 3:30 pm October 1,2008 CDES Conference Room 610 - 3:30 pm November 5,2008 CDES Conference Room 610 - 3:30 pm December 3,2008 CDES Conference Room 610 - 3:30 pm May 7, 2008 I. Call to Order The meeting was called to order at 3:33 PM by Chairman William Varian. A quorum was established. II. Approval of Agenda Chairman Varian requested amending the Agenda to add two items under "Old Business, " i.e., Flood Plain Management Committee and Garage Door Fees. Mr. Espinar moved to approve the Agenda as amended. Second by Mr. Disney. Carried unanimously, 12-0. III. Approval of Minutes Mr. Disney moved to approve the Minutes of April 2, 2008 as submitted. Second by Mr. Masters. Carried unanimously, 12-0. IV. Staff Announcements/Updates A. CDES Update - Susan Istenes, Director, Zoning and Land Development Review (No report) C. Public Utilities/Engineering Division Update - Phil Gramatges Mr. Gramatges stated the Master Plan is in development, and asked if a Sub- committee could be created to review the Master Plan which is scheduled for completion by May l4, 2008. It is scheduled for review by the BCC in June. By consensus, it was decided that Mr. Gramatges would email the final draft to all of the Committee members and Robert Mulhere will schedule a meeting of the Subcommittee to review the document and make recommendations. D. Fire Review Update - Ed Riley Mr. Riley stated the monthly report for March was submitted in the packet provided to the Committee. He stated very few applications have been declined and review times have increased. He has compiled a spreadsheet to track permit reviews and rejections. This will enable him to identify contractors who have the most problems during the permitting process. He will present quarterly reports in the future. Chairman Varian presented a problem concerning a fire review fee charged for an internal overhead door. Mr. Riley stated all commercial permits are reviewed by Fire Review and they determine whether or not a permit is required. No fee is charged. Heidi Ashton, Assistant County Attorney, introduced herself to the Committee as the new section leader of the Land Use office. V. Old Business A. LDC Amendment Discussion - Catherine Fabacher, LDC Manager Ms. Fabacher stated the Land Development Regulations Subcommittee will meet on Wednesday, May 21,2008 at 1 :00 PM. 2 May 7, 2008 She provided a synopsis of the LDC Amendment requests under the following categories: . Under direction from the Board of County Commissioners . Project/Property Specific . Public Health/Safety/Welfare . Assist Community and Industry . EAR-based Growth Management Plan Amendments . County policy and clarification . Engineering & Environmental Services . Public Utilities Engineering Dept. . Transportation . Zoning & Land Development Review . Scri vener' s errors and omissions Discussion ensued concerning whether or not the GMP Amendments were mandated and, if so, by whom. Bill Lorenz suggested clean-up oflanguage may be necessary for the EAR-based amendments to the GMP. A moratorium of the LDC Amendments was suggested by a Committee member to eliminate reviewing and revising what is already in place. "Projects are leaving this County. It takes forever to obtain a permit in Collier County and the impact fees paid are the highest [in Florida)." Another Committee member stated the [perceived] proliferation of Amendments is not helping to improve the economic health of the County. lt was suggested even if a moratorium were approved; clarification and/or repeal of conflicting rules could be allowed. A member referred to a section of the GMP which stated, "The County was to evaluate the need..." He pointed out there was no actual "evaluation period" of the specific need and that "evaluating" does not necessarily mean that a new Ordinance or Ordinance change is required. Catherine Fabacher stated the Land Development Code was recodified without first taking a comprehensive overview of the various "patches" made to the Code in the past. An Administrative Code is being developed to streamline the process and handle policy/procedural changes without needing a regulation review. There was further discussion concerning the Subcommittee's responsibility to identify unnecessary Amendments, to bring this information to the full Committee and then forward a recommendation to the BCC that an Amendment was or was not necessary. As suggested, each Member stated his/her opinion regarding the issue of imposing a moratorium. By consensus, it was decided that a moratorium was not viable at this time. It was suggested a formal statement could be sent to the BCC recommending that, unless mandated by the State of Florida, there should be a continuing effort to simplify and improve the Code, and to refrain from processing new and/or more restrictive rules. 3 May 7, 2008 Public speaker: Jamie Anderson, RW A, stated the Code has become oppressive and has increased both the costs and time to obtain a permit. He stated it was hurting business in Collier County. Susan Istenes stated she agreed that the rules are often difficult to understand and apply. She supported the suggestion to send a message to the BCC. Mr. Disney moved to recommend to the BCC, as a cost reducing effort, to reduce and eliminate the LDC Amendments to the greatest extent possible, unless an Amendment is mandated by the State of Florida or is to eliminate LDC sections or requirements. It is further recommended that there be only one Amendment Cycle per annum. Second by Mr. Abbott. There was further discussion of the Motion. By consensus, it was determined the Motion would be stated in a letter to the BCC which Chairman Varian would sign. Mr. Disney amended the Motion to recommend that DSAC send a letter, signed by Chairman Varian, to the BCC recommending, as a cost reducing effort, that the BCC: (I) reduce and eliminate the LDC Amendments to the greatest extent possible, unless an Amendment is mandated by the State of Florida or is necessary to eliminate LDC sections or requirements; (2) schedule only one Amendment Cycle per annum; and (3) create a Vetting Committee which would remain in effect until the Administrative Code reorganization has been completed. Special entity revisions would not be included in the Administrative Code. The BCC is encouraged to support the administrative judgments and decisions made by Staff. Second by Mr. Abbott. Carried unanimously, 12-0. (4:50 PM - James Boughton left.) V. Old Business B. Flood Plain Management Committee - Chairman Varian Chairman Varian stated he received a response from the BCC concerning DSAC's recommendation to add "practicing professional engineers" as members of the Flood Plain Management Committee. The BCC directed the County Manager to draft a revised version of the County's Resolution and to place it on the BCC's Agenda for approval. (5:05 PM - Laura Dejohn left.) IV. Staff Announcements/Updates B. Transportation Division - Nick Casa1anguida Mr. Casalanguida stated most projects are on schedule and will be completed within the next 12 months. The next project to be put out for bid is the Santa Barbara Extension. 4 May 7, 2008 VI. New Business C. ABC or Lime Rock Requirement for Base in Turn Lanes - Nick Casalanguida Mr. Casalanguida answered a Committee member's question regarding the appropriate use of black base in turn lanes. It was suggested the criteria will be added to a checklist to be provided at pre-application to alert the designer. He provided two maps: one detailed the location of projected deficient roads, and the other detailed current and future production readiness ofroad projects. Chairman Varian asked a question concerning a report provided by Joe Schmitt concerning counts ofrecord requests by customers. Jamie French stated the report did not delineate whether the records requests were made by members of the public or by Staff. Questions were asked concerning how copyrights were to be protected by the County. E. Update to Public Utilities Master Plan - Phil Gramatges (See Item "C" under Staff Announcements/Updates) F. New DSAC Committee Member Applications - Review/Endorsement Mr. Mulhere moved to recommend that the BCC approve the appointment of Reid Schermer (primary) and/or Mario Valle (secondary) to the DSAC Committee. Second by Mr. Masters. Carried unanimously, 10-0. The Committee questioned Bob Dunn, Director, Building Review and Permitting, concerning whether or not inspections are placed on "hold" if a revision to a building permit is submitted for approval. Mr. Dunn stated inspections are not held while revisions are being reviewed. A. Initial Draft of Fiscal Year '09 Budget - Gary Mullee Mr. Mullee gave an overview of the Budget: . Revisions to the document are in process and should be completed by next week. . Fund #001 (General Fund) is down by 18.47% . Fund #113 (Building) is down by 26.84% . Fund #131 (Planning) is down by 21.61 % . Building revenues are still declining . Budget sets aside 3 months of reserves for Fund #113 and Fund #131 . Fund #113 will lose $1,212,000 in reserves . Fund #131 will lose $237,200 in reserves There was further discussion of the proposed budget, possible further reduction of staff, transfers between funds, and reduction of operating hours. B. Proposed Optional Expedited Building Permit Plan Review Fee - Gary Mullee Mr. Mullee stated copies of the Executive Summary had been distributed to the Committee. It is proposed to charge a fee of 30% of the building permit review fee for an optional expedited review. The fee would be used to pay for over-time if required. If the guaranteed review times were not met, the fee would be refunded. 5 May 7, 2008 Mr. Disney moved to approve the proposed fee for an Optional Expedited Building Permit Plan Review. Second by Mr. Jarvi. Carried unanimously, 10-0. C. Proposed 61-G-15 Fees - Gary Mullee Discussion ensued concerning the need for this fee since no fees were charged for reviews when handled by Fire Review. Mr. Disney moved to neither accept nor approve the proposed 61-G-15 Fee. Second by Mr. Hermanson. Motion carried, 9-"Yes"/l-"No" (Mr. Masters opposed). VII. Member Comments: George Hermanson suggested listing the names and organizations of the DSAC members in the letter to the BCC. DSAC Meeting Dates: . June 11, 2008 at 1:00 PM . July 9, 2008 at 1:00 PM ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:45 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman These Minutes were approved by the Board/Committee on as presented , or as amended 6