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DSAC Minutes 09/03/2008 R September 3, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, September 3, 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 (Absent) Clay Brooker (Excused) David Bryant (Absent) Laura Spurgeon DeJohn Dalas Disney David Dunnavant Marco Espinar (Excused) Blair Foley George Hermanson (Excused) Reed Jarvi Thomas Masters Robert Mulhere Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES Catherine Fabacher, LDC Manager, Zoning & Land Development Gary Mullee, Business Management & Budget Manager Bob Dunn, Director, Bldg. Review & Permitting Lisa Koehler, Principal Planner, Transportation Bill Lorenz, Director, Engineering & Environmental Services DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA September 3, 2008 3:30 p.m. Conference Room 610 I. Call to order II. Approval of Agenda III. Approval of Minutes from August 6,2008 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. Stormwater/Flood Damage Prevention Ordinance - Robert Wiley B. LDC Amendments - Catherine Fabacher VI. New Business A. Proposed Minor Permit Inspection Fee Changes - Gary Mullee VII. Committee Member Comments VIII. Adjournment Next Meetinq Dates October 8,2008 November 5, 2008 December 3, 2008 January 7, 2009 February 4, 2009 March 4, 2009 CDES Conference Room 610 - 3:30 pm CDES Conference Room 610 - 3:30 pm CDES Conference Room 610 - 3:30 pm CDES Conference Room 610 - 3:30 pm CDES Conference Room 610 - 3:30 pm CDES Conference Room 610 - 3:30 pm September 3, 2008 I. Call to Order The meeting was called to order at 3:35 PM by Chairman William Varian. A quorum was established. II. Approval of Agenda Thomas Masters moved to approve the Agenda. Second by Dalas Disney. Carried unanimously, 9-0. III. Approval of Minutes Robert Mulhere moved to approve the Minutes of August 6, 2008 as presented. Second by Dalas Disney. Carried unanimously, 9-0. (3:38PM - Charles Abbott arrived.) IV. Staff Announcements/Updates A. CDES Update - Joe Schmitt No report. B. Transportation Division - Nick Casalanguida Lisa Koehler gave the following updates: . Bids are being accepted on the Santa Barbara Extension Project . Davis to Copperleaf, and Radio from Santa Barbara to Davis, is approximately 65% complete. . Route 95l, from 4l to Davis, is 30% complete with final completion anticipated for September, 2009 . Route 95l, from Golden Gate to lmmokalee Road, is 84% complete with final completion anticipated for March/May, 2009 . Immokalee Road is open (all lanes); new landscaping has been completed . Rattlesnake-Hammock is open (all lanes) . Vanderbilt Beach Road, from Airport-Pulling to 95l, is anticipated to be completed by December, 2008 . Vanderbilt Beach to 951 - signaling has changed - there have been problems with the phasing - drivers can get stuck in the turn lane . Intersection of Collier and Immokalee (north side/Tree Farm) -right of way is being obtained . COA Administrative Procedures - a summary is being prepared and will be presented to DSAC in October C. Public Utilities/Engineering Division Update - Phil Gramatges No report. D. Fire Review Update - Ed Riley Ed Riley stated his department preformed 850 reviews last month. The turn-around time for first submittals has averaged six to seven days with second reviews being completed in three days. 2 September 3, 2008 Dalas Disney asked Ed Riley ifhe had been consulted concerning coordinating framing inspection sequences with issued fire alarm sprinkler permits. Ed Riley stated he had not been contacted. V. Old Business A. Stormwater/Flood Damage Prevention Ordinance - Robert Wiley A question was asked concerning the draft of the Ordinance that had been distributed. Robert Wiley stated he recently received an email from Stan Chrzanowski with the proposed changes to Section 24, pages 38 through 44, which were not part of the draft. Chairman Varian stated it would be difficult to make any decisions concerning the Ordinance without first reading the revised Section. When asked about the public and private costs of implementation, Mr. Wiley stated to implement every change over the course of a multiple-year period would be several million dollars. The most expensive item is the requirement for certification of the drainage system by a Professional Engineer every three years. There was discussion concerning the inspection requirement, potential legal issues and whether or not a Professional Engineer would be the only individual allowed to inspect the system. The Committee suggested asking Mr. Chrzanowski to attend the meeting to explain the proposed modifications. Public Comment: Ray Sakraida, Chairman of the Emergency Management and Stormwater Control Committee at Island Walk, stated he did not support the Ordinance. Island Walk functions as a catch basin to collect water from communities north and east of Island Walk, through a weir system that ultimately deposits it into the Vanderbilt Beach canal. The Island Walk system was inspected throughout the day that "Fay" struck with the drainage system and drain pipes working properly. The Homeowners' Association has a fiduciary responsibility to maintain the Island Walk system. It is a compliance issue and his Committee devised a written action plan with a checklist to assure structured proper maintenance. He questioned the need for an additional engineering certification. He stated any problems that exist are south ofIsland Walk at the Golden Gate main canal. Bill Lyon, President of the Island Walk Homeowners' Association, stated the Association is pro-active and responsible for monitoring the performance of its stormwater system. The Association is opposed to the Ordinance. Island Walk has procedures in place to properly maintain its drainage system. Any necessary, or perceived, repairs are completed in a timely manner. He suggested the County should propose an alternative plan that is Code-based to facilitate compliance. 3 September 3, 2008 When questioned by a Committee member about when Island Walk's plan was implemented, he stated it was devised in 2007 and the Property Manager visually inspects all of the storm drains and spillways on a yearly basis. He further stated Stormwater Control was just one component of the Community's Emergency Management Action Plan. Kathleen Robbins, Treasurer of the Bayshores at Vanderbilt Beach Condo Association, stated her community is small and without the financial resources of Island Walk. She stated those associations which do not have problems are being asked to bear the costs for those communities that are in trouble. It is in each community's best interest to make sure that its stormwater drains are clear. She opposed adoption of the Ordinance stating it "would place a body cast on all of Collier County when only a couple of places are broken." She suggested only those communities with problems should be monitored on a yearly basis. Kathleen Adams, Vice President ofthe Village Walk Homeowners' Association, stated she also represented the Presidents' Council of Greater Collier County. All of the Homeowners' Associations that are part of the Council recognize it is their community's responsibility to maintain its stormwater drains. Village Walk's search teams inspect the drains after every storm. She questioned who was going to take care of the individual homes on Granada, Alhambra and Hunter's Ridge since those properties are not part of any Homeowners' Association. Robert Wiley stated each situation would be decided by the Board of County Commissioners on a case-by-case basis to determine the responsible entity. It would depend upon what was specified on the Plat when a Homeowners' Association either did not exist or ceased to function. Ms. Adams stated there are hundred of homes that were never part of a development or Homeowners' Association whose storm drains have been maintained by the County and paid for by taxes assessed to each community. She stated her Association was opposed to this Ordinance. When questioned by a Committee member concerning if Village Walk also had a manual, Ms. Adams stated the procedures were recently formalized into a written document, but had been followed since 1998. A Committee Member suggested adding the following sentence to the Ordinance, "Private storm water systems should be the responsibility of the Homeowners' Associations to inspect and maintain." He further suggested a compilation of "Best Practices" could be developed as a resource for Homeowners' Associations to assist in maintaining their systems. Ms. Adams also objected to the requirement to supply as-built drawings every nine years. She stated the drawings should be required only when there was a change to an existing system. She compared forcing communities to spend thousands of dollars more to do what is already being done as "taxation without representation." 4 September 3, 2008 A Committee Member asked how the Ordinance would affect already identified problematic communities and cited the Naples Park drainage system. Robert Wiley stated Naples Park is an older Plat from the 1950s. It does have a South Florida Water Management System permit and a DEP permit. Since there is an approved SFWMS permit, the County is responsible for providing an engineer's certification every three years that the system is functioning as designed. John McManus, Village Walk, stated he agreed with the statements made by Kathleen Adams. David Hoefer, Village Walk, suggested taking the money it would cost to implement the Ordinance and apply it to the areas where it is needed. The County should solve the existing problems. A Committee Member suggested the County should find the communities that are failing and establish a probationary period for those specific communities to comply rather than making all the communities comply. A question asked concerning how Staff will be funded if Sections 24 and 25 are adopted. The budget will be approximately $330,000 to fund 2 inspector positions, one engineer, one GIS person to input the information and one secretary. The Board will determine which County fund will be utilized. A question was asked concerning the application procedure outlined in Section 15 and ifit was a separate procedure, or part of the Building Permit procedures. Robert Wiley stated it is the same as the current Building Permit process. There was a question regarding the periodic inspection of dry flood-proofing components. Robert Wiley stated an engineer or architect would not be required to certify whether the design was appropriate, but only that the components could be installed in four hours. Concern was expressed for the owners of older buildings who will not be able to find an architect or engineer to perform the inspection. There was a discussion regarding the liability of the engineer or architect. Several Committee Members stated they would not perform either the drainage system or the dry flood-proofing inspection because their insurance companies would not allow them to do so. There was further discussion about the 3-year certification process. Robert Wiley stated the County issued a permit to build a non-residential below base-flood elevation structure with the stipulation that flood-proofing was to be provided. National Flood Insurance Program mandates continued compliance otherwise the County's program would be at risk. 5 September 3, 2008 A question was asked about the number of residences or properties in Collier County that were built below base- flood elevation. Robert Wiley stated it currently was approximately 5 to 12 percent. He stated when building along the coast, the goal is to reduce the potential for flooding. There was a lengthy discussion concerning the feasibility of the option ofraising properties in order to solve the below base-flood elevation problem. (5:05 PM - Laura Dejohn left.) There was also discussion concerning where a contractor would look to find FEMA regulations concerning the threshold for remodeling and cumulative improvements. Another point made was that lenders are required to notify potential buyers of the requirement to obtain flood insurance for the property before it would be allowed to close. Chairman Varian stated no vote would be taken on the Ordinance since it was still in the process of being written. (5: 10 PM - Blair Foley left.) There was a discussion concerning foundation compaction issue and the freeboard Issue. Robert Wiley asked the Committee Members if they wanted Section 24 included in the Ordinance or if they thought it should be a separate Ordinance. The consensus was it should be in a separate Ordinance. It was suggested that "certifying" could be handled like a standard PUD monitoring report by the president of a Homeowners' Association or the property management company and submitted on an annual basis. Robert Wiley stated other options were being investigated but the problem was how to ascertain the individual "performing" the certification was not violating the law by practicing engineering without a license. He stated the concern was whether anyone other than an engineer could provide certi fication. It was asked why "certification" was so important when the issue should be whether or not the drainage system was in place and functioning properly because "certification" by an engineer would require a full inspection of the entire system. It was suggested the Committee recommend to the BCC that the Comprehensive Plan should be changed to eliminate the requirement for certi fication. Reed Jarvi moved to remove Section 24 from the Ordinance. Second by Mario Valle. Also suggested was eliminating the one foot of freeboard. 6 September 3, 2008 Reed Jarvi amended his motion to recommend removing Section 24 from the Ordinance so it may be processed as a separate entity, and to remove the one foot of freeboard. Second by Mario Valle. Carried unanimously, 8-0. VI. New Business A. Proposed Minor Permit Inspection Fee Changes - Gary Mullee Gary Mullee stated there are several minor permits in the system that require Multiple inspections for which the County has not been charging. He cited the example of a swimming pool which may require as many as 7 to 10 field inspections while the permit fee is only $100.00. The request was to charge $50.00 per field inspection. Robert Mulhere moved to approve the request to charge $50.00 per field inspection. Second by Thomas Masters. Chairman Varian asked why this issue was not handled when the Impact Fees were increased. A question was asked if "per inspection" meant "per trip." A Committee Member stated the trades should be notified ofthis charge. Motion carried, 7_"Yes"/1-"No." Bill Varian was opposed. V. Old Business B. LDC Amendment Discussion - Catherine Fabacher, LDC Manager LDC Section Proposed Amendment Discussion Recommendation 4.07.02 To bring the LDC into Robert Mulhere conformance with the moved to approve. Design approved 2004 EAR-based Second by Thomas Requirements Amendments to the Masters. Carried For PUDS Growth Management Plan unanimously, 8-0. (GMP); EAR-based GMP Amendment to the Recreation and Open Space Element, via Ordinance No. 2007-15, especially (Page 45) Policy 2.1.2 4.02.01 Robert Mulhere Allow for encroachment of moved to approve. Dimensional pool equipment and well Second by Reed Standards for pumps, if unenclosed, into Jarvi. Carried Principal Use required yards unanimously, 8-0. in Base Zoning Districts (Page 61) 7 September 3, 2008 LDC Section Proposed Amendment Discussion Recommendation 4.06.03 Restore previously omitted Thomas Masters subsection and coordinate moved to approve. Landscaping with graphic illustration Second by Robert Requirements already in place; and to Mulhere. Motion for Vehicular correct scrivener's error carried, 7-"Yes"/ Use Areas made during codification l-"No". Reed and of Ordinance 05-27. Jarvi was opposed. Rights-of-Way (Page 75) 1.08.02 Add definition for "passive The phrase "excluding Robert Mulhere recreation" at BCC those necessary or moved to approve Definitions direction - subsequent to desirable to as amended. failed 2007 proposed accommodate disabled Second by Reed amendment persons. " is added at the Jarvi. Carried end of the first sentence unanimously, 8-0. (Page 137) on Page 137. 3.05.07 Revise "native vegetation" The LDR Subcommittee Robert Mulhere definition in accordance had recommended moved to approve. Preservation with the new definition approval as amended. Second by Thomas Standards adopted with the Ear-based Masters. Carried GMP Amendments to unanimously, 8-0. Conservation and Coastal Management Element (CCME) and clarify how (Pa2e 163) the definition is applied. 10.02.02 Revise the Environmental The LDR Subcommittee Reed Jarvi moved Impact Statements (EIS) had recommended to approve. Submittal subsection of the LDC to approval as amended and Second by Thomas Requests for implement the EAR-based review of the amendment Masters. Carried All GMP Amendment to by the County Attorney's unanimously, 8-0. Applications Policy 6.1.8 of the office. Conservation and Costal (Page 217) Management Element VII. Member Comments Dalas Disney requested adding the subject of the Fire Review Task Force (five items) to the agenda for the next meeting. DSAC Meeting Dates: . October 8, 2008 at 3:30 PM . November 5, 2008 at 3:30 PM . December 3, 2008 at 3:30 PM 8 September 3, 2008 ***** There being no further business for the good ofthe County, the meeting was adjourned by order of the Chairman at 5:50 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman These Minutes were approved by the Board/Committee on as presented , or as amended 9