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DSAC Minutes 02/04/2009 R February 4, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, February 4, 2009 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 3:00 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 Laura Spurgeon Dejohn Dalas Disney David Dunnavant Marco Espinar Blair Foley (Excused) George Hermanson (Excused) Reed Jarvi Thomas Masters Robert Mulhere Reid Schermer Mario Valle (Excused) ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES, Staff Liaison Catherine Fabacher, LDC Mgr., Zoning & Land Development Review Phil Grarnatges, Interim Director, Public Utilities Ed Riley, Fire Code Official Nick Casalanguida, Director, Transportation/Planning Bob Dunn, Director, Building Review & Permitting DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA February 4, 2009 3'OO',pm '~:..,:,,>:! >~;,,;,~ Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order - Chairman II. Approval of Agenda III. Approval of Minutes from January 7, 2009 Meeting IV. Public Speakers Staff Announcements/Updates A Public Utilities Division Update - Phil Gramatges B, Fire Review Update - Ed Riley C. Transportation Division Update - Nick Casalanguida D. CDES Update - Joe Schmit! VI. Old Business A LDC workgroup discussion meeting canceled on Wednesday January 28th due to violation of the sunshine law, will discuss (Catherine Fabacher) VII. New Business A. Collier County Corridor Management Program - Nick C. B. Presentation of the new Florida Building Code & Fire Prevention Code - Bob Dunn VIII. Committee Member Comments IX. Adjourn Next Meetina Dates I-4qrch 4,2009 CDES Conference Room 610 - 3:00 pm il 1, 2009 CDES Conference Room 610 - 3:00 pm May 6, 2009 CDES Conference Room 610 - 3:00 pm February 4,2009 I. Call to Order The meeting was called to order at 3:04 PM by Chairman William Varian and a quorum was established. Chairman Varian read the procedures to be followed during the meeting. II. Approval of Agenda Chairman Varian made the following changes: . Item VI, "Old Business" was moved to follow Item IV, "Public Speakers" · Under Item V, "Staff Announcements," Update categories "C" and "D" were rcversed Reid Schermer moved to approve the Agenda as amended. Second by Thomas Masters. Carried unanimously, 10-0. III. Approval of Minutes - January 7, 2009 Meeting Reid Schermer moved to approve the Minutes of the January 7, 2009 Meeting as submitted. Second by Thomas Masters. Carried unanimously, 10-0. IV. Public Speakers (None) VI. Old Business A. LDC - discussion of cancellation of workgroup meeting on 01/28/09 - Catherine Fabacher Ms. Fabacher reported the previously scheduled workgroup meeting was cancelled due to possible violation of the Sunshine Laws. She stated someone should take official minutes of the rescheduled meeting and a chairman should be appointed. She understood handwritten notes could be taken since it was a "workgroup" and not a subcommittee meeting. It was noted that all meetings must be completely recorded to preserve the proceedings as a verbatim record, as well as (abbreviated) minutes taken. Ms. Fabacher stated she was unsure ifMr. Schmitt will hire someone to do that. She stated the Sign Code revisions should be completed by the end of March, as required by the lawsuit settlement agreement. The Amendment Review Committee will commence its meetings in March to cross-vet. The official deadline for amendments is June l't, but she has asked for amendments to be submitted as soon as possible for review by the LDR Subcommittee. She suggested the March, April, and May LDR Subcommittee Meetings could be held as part of the DSAC Meetings and also suggested the meetings could start at 1 :00 PM. The alternative was to hold LDR Subcommittee Meetings on another Wednesday during each month. A handout was distributed to the committee outlining which amendments were approved, which were deferred during the last Cycle, and the proposed 2009 Cycle. Chairman Varian stated DSAC intended to draft an amendment to help assist the process - "big picture items" - because the members refer to the Land Development Code on a regular basis in their businesses. 2 February 4,2009 Catherine Fabacher reminded the committee that Mark White is reviewing the LDC to move as much as possible into the new Administrative Code. She suggested waiting until the new code was completed because it will be a much simpler process to amend. A committee member stated two separate issues were being discussed: LDC Amendment Review and DSAC's Amendment. Ouestion: "When is DSAC going to meet to draft its Amendment? (Clay Brooker arrived at 3:15 PM.) Ms. Fabacher stated she did not have staff available to record the meeting or take Minutes. Tom Masters, Chairman of the LDR Subcommittee, suggested holding an LDR Subcommittee Meeting in March to review amendments and then drafting the DSAC's Amendment during the May LDR Subcommittee Meeting. Judy Puig stated the meeting had been scheduled for February 25,2009 at 3:00 PM. Ouestion: Is it "legal" (i.e., allowed) for the subcommittee to tape record the meeting and to have the Subcommittee take minutes? It was noted Florida Statutes did not specify who is to take meeting minutes. Catherine Fabacher stated she will handle the public notice aspect of the meeting. There was further discussion about the meeting procedures and whether or not a previously held workgroup meeting was in violation of the Sunshine Law provisions. Chairman Varian confirmed the LDR Subcommittee Meeting will be held on Wednesday, February 25th at 3:00 PM, and the topic will be the DSAC Amendment. The chairman of the subcommittee will determine who will take the minutes and record the proceedings. The subcommittee will also discuss the proposed 2009 LDC Amendment Cycle and produce a tentative schedule of dates/times for DSAC to consider at their March meeting. V. Staff Announcements/Updates A. Public Utilities Division Update - Phil Gramatges · The Engineering Department in Public Utilities has been changed to "Public Utilities Planning and Project Management" . The 2010 budget is in the planning stage B. Fire Review Update - Ed Riley . The Monthly Report was distributed to the members · 740 reviews were conducted last month (less than previous month) Mr. Riley stated Fire Review's Budget has two years' of operating expenses in reserve and is still solvent. The funds are generated from plan review fees. 3 February 4, 2009 (Robert Mulhere arrived at 3:25 PM.) D. CDES Update - Joe Schmitt, CDES Administrator · Further reduction in staff- 17 positions will be eliminated; 3 more have been frozen (10 positions from Fund 113 and 10 from Fund 13l) . There will be an impact on the operations due to the lack ofrevenue · 84 land use petitions are waiting to be reviewed by the Board of County Commissioners · The Planning Commission Meetings may be reduced to one per month to save costs . Personnel will be notified of status on February l7, 2009 · The proposal of a four-day work week could not be implemented because some employees were paid from the "General Fund" and would still continue to work on Fridays so the building could not be completely closed for one day per week Question: What is the average staff cost for the Planning Commission's Meetings? Mr. Schmitt stated Tindale-Oliver was completing an analysis of the cost to "shepherd" a land use petition through the required process. Components include County Attorney staff time, CDES staff time and verbatim minutes at an estimated cost of $4,000 per meeting. The County charges a fee of $3,000 for a land use petition and $6,000 for a re-zoning petition. The fees do not cover the costs. He stated the public process is expensive and not always efficient, but it is necessary. A committee member stated the analysis may confirm the Planning Commission Meetings are more expensive than currently estimated. [A PUD petition fee is $6,000 plus an additional $25.00 per acre.] He suggested the examining the process. Mr. Schmitt stated he is not earning enough in fees to pay for petitions to go through the process because the revenue generating petitions (PUDs and Plats/Plans) are no longer being submitted. He further stated fees in general may be increased. Question: Could the process be stopped at the Planning Commission? It was noted decisions by the planning board could be appealed to the Board of County Commissioners. Mr. Schmitt stated he would support the concept of utilizing a hearing examiner if DSAC decided to recommend it to the BCC. A suggestion was made to eliminate the Environmental Advisory Council ("EAC") by appointing one or two EAC members to the Planning Commission. Mr. Schmitt stated DSAC could recommend consideration of the proposal to the Board of County Commissioners. Chairman Varian asked for an update regarding Municipal/City View. · Code Enforcement passed it and payments have been made · The first round of the planning and zoning component failed but is being revised for re-submission 4 February 4,2009 Mr. Schmitt reported the 24-hour Contractor Hotline to report unlicensed work or unlicensed contractors are operational. Discussion ensued about what exactly Tindale-Oliver was assessing. . Time tracking · Staff was interviewed concerning job responsibilities, how much time was spent in meetings, etc. · The number of hours involved to take a specific project through the process Also under analysis is a review of the split of funds into ll3 and 13l - an audit will be completed. (Charles Abbott arrived at 3:41 PM.) Public Speaker: Chris Straton, President, League of Women Voters of Collier County, stated she had three questions for the committee: Were the verbatim minutes being taken for the Planning Commission's Meetings required by Florida Statutes? Joe Schmitt stated verbatim minutes had been eliminated in 2006 and summary minutes were taken, but the Planning Commission requested the Board of County Commissioners reinstate the process and the board complied. The cost is $6.00 per page. Robert Mulhere stated he understood if a petitioner wanted a copy of the meeting transcript, he was required to pay for it. Mr. Schmitt confirmed and stated he would try to pass the cost for verbatim minutes to applicant/petitioners in the future. Who provides stajJto the EAC? Mr. Schmitt stated two members from the Engineering and Environmental Staff attend the EAC meetings as well as members from Comprehensive Planning and a representative of the County Attorney's Office. A history of the creation of the EAC was outlined - EAB and Water Management Advisory Board were combined. It was created prior to the Planning Commission and there was some duplication of responsibilities. He suggested the issue should be brought before the Board of County Commissioners. Ms. Straton stated advisory boards are regularly reviewed to ascertain if they are effective and meeting community needs. Is the review utilized as a vehicle to determine if the EAC isfulfilling its duties as assigned by the Ordinance? Mr. Schmitt stated the Planning Commission's Five-year Review will be conducted in March, 2009. Comments can be made as part of the review. 5 February 4, 2009 C. Transportation Division Update - Nick Casalanguida Regarding DSAC's previous question concerning the construction costs of the pedestrian bridges for Santa Barbara and Vanderbilt Drive: · Vanderbilt Drive (2 bridges) - approximately $603,000 of which $5l0,000 was paid from State and Federal funds · Santa Barbara - approximately $422,000 of which 50% was paid from State and Federal funds · Vanderbilt Drive Bridge ~ a new bridge will be built costing approximately $5.7M with matching funds of approximately $1.7M in local money from Signature Properties. Traffic will be re-routed for five to six months after construction begins in 2009. Re: Transportation Impact Fees (presentation to BCC on February 10, 2009) Nick Casalanguida stated the Board of County Commissioners directed transportation to review di fferent options concerning how fees would affect the fiscal environment and the Five-Year Plan. · Revenue trends in general are lower than in previous years · Impact Fees will generate less income ($24 to $25 M vs. $38 to $70 M) . Short-falls will be paid from the General Fund · Transportation will recommend that the BCC adopt the study conducted by Tindale-Oliver · BCC also asked transportation to work with the development industry to determine what other methods could be developed to assist during the economic down-turn · A new payment schedule will be suggested: instead of a 50% down payment, spacing payments out during a five-year period (20% per year) - this would reduce the initial capital outlay and carrying costs for developers · Urban capacity and the Board's request to not defer capacity to building permits will not be supported by transportation without vetting through DSAC A committee member noted the BCC's lack of support for inclusion of trip length factoring into Tindale-Oliver's recommendation. Elimination of factoring would yield a 20% reduction in proposed Impact Fees. Mr. Casalanguida stated with or without the trip length factoring, the Five-Year Plan will be financially feasible according to transportation's research. The trip length study primarily affects residential homes. He clarified the BCC requested information on four categories: the current rate, with trip length, without trip length, and rollback together with the fiscal impact for each figure. Question: Why are there mast arms at every intersection on Vanderbilt Beach Road, except at the intersection with Logan Road? Mr. Casalanguida stated he will research the reason. Question: If the BCC approves the Five-Year Payment Schedule, can a developer submit an SDP with 20% down and still he vested? 6 ._._-~..,._...._--------_._---- February 4, 2009 Mr. Casalanguida replied affirmatively but explained that the building permit fee will still be paid in full at the time of application. Other proposals to defer payments over time will be presented to the Board. VII. New Business A. Collier County Corridor Management Program - Nick Casalanguida A PowerPoint presentation entitled Collier County Corridor Management Program was made. Tovics: . Proj ect Background · What is/is not Corridor Management . Why create a Corridor Management Program? o Provide advance notice o Meet long-range needs o Achieve mobility o Promote orderly development · Collier Corridor Management Program o Data Collection - Phase I o Implementation - Phase II Nick Casalanguida noted one of the offsets or credits of impact fees is right-of- way acquisition, i.e.; the more that is paid for ROW acquisition, the more it reflects the impact fees. Under Corridor Management when a building permit is pulled, if the lot is within a corridor that will be developed, the land owner/developer will be notified to contact the Transportation Department. The goal of Corridor Management is to work together with a developer/land owner on the project. Mr. Casalanguida stated transportation is working with NABOR ("Naples Area Board of Realtors") to make the LRTP ("Long-Range Transportation Plan") and the Corridor Management Plan available as a disclosure to a potential buyer. A comment was made that the LRTP and Corridor Management will affect market value since land will be lost, or taken, even though it was privately owned. Mr. Casalanguida stated location of the property is a key element and the type of road that a house or development is on will affect the property values more than the widening of the road. The presentation was also made to the Productivity Committee and the ordinance is being drafted. A public meeting will be held in late April and the adoption process will continue through April and May. A workshop was held in December, 2008, with the BCC and attorneys from Broward, Paso and West Palm Beach Counties, as well as the planners who manage the projects, to discuss implementation of their programs and the mistakes that were made in order for Collier County to avoid such situations. 7 . _"_',_',.__,_e',_' ______..m_._._'_._.._,.._._~___... '_'__' _'____...__.___..~_M.._+..__,__~._.__.<',_..,_ February 4, 2009 Question: Will it be possible to give credits for Road Impact Fees to properties located on known corridors? Mr. Casalanguida stated the issue is under examination. Reed Jarvi moved to recommend approval of the Corridor Management Program to the Board of County Commissioners. Second by Tom Masters. Clay Brooker stated he could not support the motion without first reading the proposed ordinance that implements the program. Bob Mulhere concurred. His concern was whether or not potential legal issues had been addressed. Reed Jarvi amended the motion to approve the concept of the Corridor Management Program subject to DSAC's review of the Ordinance and/or Land Development Code changes at afuture date. Second by Tom Masters. Carried unanimously, 13-0. B. Presentation of the new Florida Building Code/Fire Prevention Code - Bob Dunn · The new Florida Building Code will be effective on March l, 2009 · There will be a presentation of the new code, as well as an overview of the newly adopted Fire Prevention Code, on February 17,2009 from l2:00 Noon to 3:00 PM at the North Collier Regional Center · Notices were sent to design professionals and contractors - the response has been significant . Residential and commercial contractors are welcome to attend Ed Riley stated the new Fire Prevention Code became effective on January 1,2009, and copies of the changes to will be distributed to attendees (Chapter 43 of the Fire Prevention Code and an update to lO1). There are significant changes which will impact the remodeling industry. He stated his office will forward the changes, via email, to any member who requests it. Mr. Dunn reported the Contractor Hotline number is 800-252-5607 and comments are routed directly to the supervisors' office. VIII. Committee Member Comments Chairman Varian reminded the members that updates to ethics and the Sunshine Law were included in their information packets for their review. DSAC Meeting Dates: March 4, 2009 at 3:00 PM April I, 2009 at 3:00 PM May 6, 2009 at 3:00 PM 8 ,......-.------ .... ".._-.,._---.._~----,,_.._.._-------,.,--,-_.,- February 4, 2009 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 4:35 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman These Minutes were approved by the Board/Committee on as presented , or as amended 9 -""'~'-""-'..'..' -'-"-'-"'-" '--'--'~_."~"'-''"-'-;'._'---~~~-