BCC Minutes 10/08/2008 W (PUD Workshop #10)
October 8, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS/PUD AUDIT
WORKSHOP # 10
Naples, Florida, October 8, 2008
LET IT BE REMEMBERED, that the Board of County Commissioners and
for the County of Collier, having conducted business herein, met in a
WORKSHOP SESSION on this date at 9:00 AM at the W. Harmon Turner
Building," 3rd Floor Collier County Government Complex, Naples,
Florida, with the following members present:
CHAIRMAN:
Tom Henning
Donna Fiala
Frank Halas
Fred Coyle
Jim Coletta
ALSO PRESENT:
James Mudd, County Manager
Leo Ochs, Deputy County Manager
JeffKlatzkow, County Attorney
Sue Filson, BCC Executive Manager
Maryann Devanas, PUD Monitoring Supervisor
Lauren Beard, Project Manager
Norman Feder, Transportation Director
Joe Schmitt, CD ES Administrator
Nick Casalanguida, Planning Director
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AGENDA
October 8, 2008
9:00 a.m.
BCC/PUD Audit Workshop #10
3rd Floor Boardroom
W. Harmon Turner Building
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chairman, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
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. ALL REGISTERED PUBLIC
SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
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) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
1. Pledge of Allegiance
2. Group #10 Planned Unit Development (PUD) Audit Report
3. Overview of PUD Close-Out Program
4. Volunteer Staff
5. Review of Commitment Tracking System (CTS)
6. Public Comment
7. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY MANAGER'S OFFICE AT 252-8383.
October 8, 2008
Chairman, Commissioner Tom Henning opened the Workshop at 9:00 a.m. with the
Pledge of Allegiance.
2. Group #10 Planned Unit Development (PUD) Audit Report
Maryann Devanas gave a slide presentation and reviewed Audit Report #10
consisting of the balance ofPUDs not reviewed previously adopted between 2006 and
2008. The Inspection and Evaluations Reports were contributing factors to Audit
PUDs were received from the following sources:
. Transportation Planning
. Public Utilities Division
. Engineering and Storm Water Management
. South Florida Water Management
. Annual Monitoring Departmental
. Compliance Actions
. Site Visits
Group #10 included the review 50 PUDs for Compliance Standing and found:
. 30 were in Compliance
. 5 Substantial Compliance
. 7 can be brought into Compliance
. 8 were out of Compliance
The PUDs reported Out of Compliance are:
. Bradford Square - Payment in lieu of sidewalk and bike lanes for Vanderbilt
Beach Road.
. Buttonwood Preserve - Right-of-Way strip of land for Tree Farm Road, design
and construction of Tree Farm Road, upgraded bridge at Collier Boulevard
and multi turn lanes.
. Carolina Village - Site related improvements are due prior to CO and a shared
road agreement for Pristine Drive and Buckstone Drive and documentation of
"Fair-Share" payment on each prior to CO.
. Cocohatchee River Trust - "Fair-Share" payment required by the County or
FDOT for the construction of a south bound right turn lane at Walkerbilt
Road.
. Liberty Landing - Installation of arterial lighting.
. Palermo Cove - Affordable Housing Contribution to the Empowerment
Alliance.
. Rockedge - Payment in lieu of sidewalks and bike lanes for Collier
Boulevard.
. Sandalwood - Two temporary roadways providing access to Livingston Road
and additional requirements related to roadway improvements and site
development.
Discussions ensued on Bradford Square being out of compliance, the effects ofthe
economy and how the process works. It was suggested finding different ways to
approach the developer.
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October 8, 2008
County Attorney Jeff Klatzkow stated the Ordinances are valid but they are in
violation.
Commissioner Coletta was concerned that Buttonwood Preserve may not have the
money and recommended the developer deed over the land.
County Attorney Jeff Klatzkow recommended directing staff to secure the ROW
now at no cost to them and the Legal Department will prepare the deeds.
Discussion ensued on the Cocohatchee Trust southbound right turn lane at Walkerbilt
Road and why it was showing it is out of compliance when that turn lane had been
completed. It was determined that payment documentation for the FDOT had not
been provided by the developer.
Maryann Devanas reported during the 6-month suspension of the PUD Audit
Program the Staff used the opportunity and accomplished the following:
. Revised Annual Monitoring Report Forms
. Staff contributed to the design of the Commitment Tracking System
. Compliance Action Reports
. Preparation of Standards for the Notice of Developer Commitment
. Development of the Closeout Program
3. Overview of PUD Closeout Program
Maryann Devanas reviewed the PUD Monitoring Build-Out Procedures using Cay
Lagoon, Citrus Gardens and Green Boulevard as examples and noted the following:
. The Ordinance on Administrative Built-Out determination 90% rule was
amended to state PUDs were required tq reach 100%.
. 6 months notification prior to a change in ownership to an HOA-POA.
. Provided for release ofPUD commitment determined to no longer be
necessary.
. PUDs selected have verified the density and intensity, administrative
Build-Out status and Divisional reviews conducted.
Discussion ensued on Green Boulevard missing sidewalk, developer no longer
involved and Heritage Apartments being mostly rentals where plans were previously
approved.
Jeff Klatzkow stated the Green Boulevard issue was waived years ago.
James Mudd stated the CDES Staffwill bring all the Closeout Issues with
recommendations to the Commissioners for approval on October 28,2008.
Eventually each PUD will come before the BCC.
Joe Schmitt noted some of the PUD Closeouts the BCC will receive, may be CDES
declares Build-Out where there is density or intensity and will become a difficult
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October 8, 2008
challenge. A vote or a change in the Ordinance may be required where some density
or intensity cannot be Built-Out.
4. Volunteer Staff
Maryann Devanas stated the BCC recommended that PUD Monitoring work with
retired citizens of Collier County to develop some volunteers to assist with various
tasks and the Staff utilized the RSVP Program. These Volunteers and contributions
are:
. Patricia Brennan - Updating Community Association Manual
. Patricia Southorn - Contributes to the PUD Quarterly Newsletter and
Researching Associations within the Subdivisions
. Chuck Kabis - Conducting site visits to support Audit and Annual
Monitoring Reviews and PUD Quarterly Newsletter
. Betty Hughes - Density and Intensity Verifications and Verification of Final
Inspection Checklists
. Paul Granroos - Technical Advisor for PUD commitments specific to
groundwater and soil testing and contributes to PUD Quarterly Newsletter
. Mary Jane Cary - Educational outreach relating to Preserve Management
Jim Mudd noted the volunteers are good for the program, have worked hard learning
the program and very dedicated.
Commissioner Halas recommended showing the BCC appreciation by issuing a
Proclamation to the Volunteers.
5. Review of Commitment Tracking System (CTS)
Lauren Beard, Project Manager gave a slide demonstration on CTS-Phase I
. Designed by Transportation for all Divisions of Collier County
. All County Staff view Commitments for each project.
. Color Coded to reflect status.
. Program Administrators will input data.
. 60 Projects of the 385 Adopted PUDs have been updated into the CTS.
. Many search capabilities are available.
She demonstrated the different searches.
Nick Casalanguida recommended working with CTS - Phase I for 6 months before
going into more expense in building the CTS - Phase II.
6. Public Comment
Public Speaker
Robert Dwayne represented an Alzheimer Clinic located in the Tamiami
Professional Center - expressed concern that the PUDs need to be completed 100%
before Closeout and thinks the County should be more flexible. The infrastructure is in
and all the PUD requirements have been met and he would like to see the Closeout
sooner than later. He stated the 100% requirement acts as a disincentive and could take
an extended amount ofthe time and expense. Closeouts should be considered on a case-
by-case basis.
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October 8, 2008
Joe Schmitt responded the ruling is, if it is platted, subdivided with buildable out parcels
that have not been identified; the developer can apply for a Build-Out Status as long as
the PUD requirements are met.
A question was brought up by Commissioner Henning concerning the Growth
Management Policy Amendments, the magnitude ofreading the materials, digesting the
information and making an assessment on the net impact of changes in the Community.
Joe Schmitt pointed out there is a time frame to forward the GMP Amendments to DCA
and Consultants from the School Board have a legal team coming to the hearing.
Commissioner Henning stated the meeting was advertised and recommended a schedule
change.
Jim Mudd received a letter from the Superintendent of Schools regarding off site
improvements reflecting how adamant they were about what was agreed upon. Changes
have been made by the Planning Commission and there may be a need for additional time
to deliberate. It may be November before the GMP is ready to send to DCA
There being no further business for the good of the County, the Workshop was
concluded by order ofthe Chair at 10:50 AM.
*****
COLLIER COUNTY BO
COMMISSIO ERS
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Chairman Tom Henning
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ATTEST: ~. .', '(,';~
DWIGHT E. BROCK, CLERK
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These Mmutes were approved by the Board/Committee on J\j~vr'fV'l.YP1 I., w()~
as presented./ or as amended
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