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DSAC Minutes 03/04/2009 R March 4, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, March 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 Da1as Disney David Dunnavant Marco Espinar Blair Foley George Hermanson Reed Jarvi Thomas Masters Robert Mu1here Reid Schermer Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES, Staff Liaison Bob Dunn, Director, Building Review & Permitting Susan Istenes, Director, Zoning & Land Development Bill Lorenz, Director, Engineering & Environmental Services Phil Gramatges, Interim Director, Public Utilities Catherine Fabacher, LDC Control Manager, Zoning & Land Development Ed Riley, Fire Code Official Michael Greene, TransportationIPlanning 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA March 4, 2009 3:00 p.m. 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 February 4,2009 Meeting IV. Public Speakers V. 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 Schmitt . Joe to give update on staffing levels VI. Old Business A. LDC Amendment overview from the LDR subcommittee meeting that was held on 2/25/09 B. Brief update on the progress of the Floodplain Management Ordinance - Robert Wiley VII. New Business A. Report from Contractor Licensing re: amount of citations, types and fines paid VIII. Committee Member Comments A. Recommendation from DSAC to eliminate the EAC and have the Collier County Planning Commission (CCPC) add (2) environmental positions to their board. IX. Adjourn Next Meetina Dates April 1, 2009 CDES Conference Room 610 - 3:00 pm May 6, 2009 CDES Conference Room 610 - 3:00 pm June 3, 2009 CDES Conference Room 610 - 3:00 pm July 1, 2009 CDES Conference Room 610 - 3:00 pm March 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 Marco Espinar moved to approve the Agenda. Second by Blair Foley. Carried unanimously, 11-0. III. Approval of Minutes - February 4, 2009 Meeting Dalas Disney moved to approve the Minutes of the February 4,2009 Meeting as submitted. Second by Reid Schermer. Carried unanimously, 11-0. IV. Public Speakers (None) (James Boughton and Thomas Masters arrived - 3:07 PM) V. Staff AnnouncementslUpdates A. Public Utilities Division Update - Phil Gramatges Blair Foley noted the Public Utilities staff has been responsive to Directional Bore deviation requests and complimented the County for its fiscal responsibility in considering alternative engineering designs. Mr. Gramatages stated Public Utilities is a service department and will listen to ideas and suggestions from customers. B. Fire Review Update - Ed Riley . The Monthly Report was distributed to the Members . 500 reviews were conducted last month (less than previous month of 740) C. Transportation Division Update - Michael Greene Regarding DSAC's previous question concerning the Span Wire Signal located at Logan Boulevard and Vanderbilt Beach Drive: . The signal will remain as a temporary signal until Logan Blvd. is widened to a divided, 4-lane highway Committee questions: "Why are electronic signboards allowed to be parked in turn lanes?" . Sign boards are supposed to be outside the turn lane, but can be placed inside the right-of-way but not in the travel path or in the turn lane. ROW Inspections should be contacted to report problems. "Has the Landscape Contract for Vanderbilt Beach Road, Rattlesnake Blvd. and lmmokalee Road been awarded and what is the installation schedule for VBR?" . Contract status will be researched and a report will be presented at the next DSAC meeting. 2 March 4, 2009 "Was the Transportation Reserve Right-of-Way Ordinance presented to the Board of County Commissioners? " . The COA Impact Fees were reviewed by the BCC and the proposal to allow five equal payments (20% per payment) was approved. "Was the Corridor Management Plan approved?" . The Corridor Management Plan was approved as part of the GMP in 2007. The Plan is now in "implementation phase." The draft of the plan for implementation is being reviewed by County departments and a final version will be presented to the BCC in the future. VI. Old Business A. LDC Amendment overview from the LDR Subcommittee Meeting held on 02/25/09 - Catherine Fabacher Copies of the Subcommittee's "Summary Minutes" were distributed to the Committee. Catherine Fabacher reviewed the comments made by Subcommittee concerning the process/procedures and duplication of efforts. . Mark White was retained by the County to review the LDC and develop an "Administrative Code" to handle certain Amendments. · Suggestion: DSAC members become involved in the Administrative Code development in order to make changes to the current system. . Permitting and submittal requirements, application review times, application review standards, and regulations will remain in the LDC. (Reed Jarvi arrived at 3: 15 PM) . Chapter 10, containing the LDC's processes/procedures, will be incorporated into the Administrative Code and will include flow-charts for every process. . A "how to" Manual will be prepared and available online . Completion Target Date: end of the current LDC cycle . The last re-codification of the LDC was not reviewed as thoroughly as possible which contributed to the confusion together with voluminous additions of Amendments to the LDC ("bandages") Ms. Fabacher suggested the Subcommittee address the Administrative Code. Discussion followed concerning the Administrative Code: . Projected for review by the BCC in December, 2009 . Deadline for the LDC Cycle has not yet been finalized due to Staffs involvement with the Sign Code regulation and the Cycle may extend into 2010 . An Administrative Code Task Force is working in conjunction with the Consultant to write a draft . June 1 st is the deadline for submission of LDC Amendments . Board resolution can amend submittal requirements, an application or a process. The LDC will govern Land Development Regulations. 3 March 4, 2009 Florida Statutes allows the Land Development Code to be amended twice a year unless the Board of County Commissioners votes for a special cycle. hnpact Fees are not included in the LDC and may be amended by the BCC at any time. Discussion ensued concerning: · Items included in Subcommittee Minutes. It was suggested to prioritize re- writing the standards concerning Redevelopment/Rehabilitation Regulations since rehabilitation jobs constitute the majority of work available and is made more difficult by the number of regulations. . Threshold that triggers the Architectural Standards and a suggestion was made to remove site costs from the equation. Joe Schmitt stated the Amendment to the Consolidated Impact Fee Ordinance regarding Change in Use states if the physical footprint of an existing building is not changed, regardless of interior build-out, hnpact Fees will not be increased for a period of five years. The Amendment does not waive the zoning, parking and/or landscape requirements due to a change in use. A suggestion was to parallel the Code with the Florida Building Code which defines different levels of alteration for the building and the site. Mr. Schmitt stated he would welcome assistance from the Committee, since he does not have staff available, to draft an Amendment for presentation to the Board. Chairman Varian asked, since the Committee members are not code writers, if a formal letter from DSAC to the Board would be sufficient rather than an Amendment. (Mario Valle arrived at 3:35 PM) Clay Brooker moved to recommend submission of a formal letter to the BCC which would state DSAC strongly supports relaxation of the Redevelopment Standards due to the current economic situation. Mr. Brooker volunteered to present the letter to the BCC along with concrete examples. Second by Dalas Disney. Mr. Schmitt asked for clarification regarding the items listed in the Minutes An example was cited concerning Dumpster Permits: LDC submission includes Dumpster Permits, and a Building Permit includes Dumpster Permit and then there is a Specialty Permit for Dumpsters - the details remained the same yet three separate submissions were required. Another issue discussed was public vs. private schools. Public schools have their own permitting authority under the School Board while the County is responsible for reviewing plans for private schools. It was suggested that two or three items could be included in DSAC's letter. Clay Brooker amended his motion to recommend the DSAC Chairman sign a letter for submission to the BCC requesting the BCC direct Staff to investigate and pursue appropriate amendments to the LDC to relax Redevelopment Standards. He volunteered to present the letter with concrete examples to the BCC. Second by Dalas Disney. Carried unanimously, 15-0. 4 March 4, 2009 Clay Brooker will draft the letter; Bob Mulhere will review it and email it to Judy Puig, Operations Analyst. All communications will be filtered through Ms. Puig. Joe Schmitt stated "Pre-App" meetings can be made optional but the process could be stalled if a Pre-Application was not correctly completed. He further stated the Software Phase II, Zoning and Planning Module, will be accepted in the next week and the Building Module will be accepted in August, 2009. The implementation ofthe software was two-fold: time and customization. Mr. Schmitt stated the program was written around the CDES work-flow process which has been time-intensive. Chairman Varian confirmed Staff will review the 15 items in the Subcommittee's Minutes and return with comments. V. Staff Announcements/Updates D. CDES Update - Joe Schmitt, Administrator . There was a second round of reductions. . A revised organization chart was distributed. . A 36-hour work week is under consideration in the Building, Environmental and Zoning Departments to be implemented in April. (10% reduction in man- hours) . The CDES Budget will include proposals for fee increases (to support remaining staff) - an explanation of which fees are to be increased will be provided and justification for the increases . An accounting of indirect costs paid will also be presented The Dovico Timekeeping Software was explained: . Program is used to track time and capture the costs of a typical variance, or PUD Amendment, etc., to determine if the revenue generated actually covers the cost for the proj ect in Zoning and Engineering . The cost for an EAC Meeting is $3,500 which includes staff attendance, staff reports, staff review, and attendance by the County Attorney. Television staff time was not included. . Tindale-Oliver was hired to evaluate the costs of a typical Petition In response to a question concerning an examination of the Fund split issue (Funds III and 113), Mr. Schmitt stated a report is in process. Mr. Schmitt answered a question concerning Code Enforcement and stated the Department is under the General Fund and not impacted by fees. There may be cuts in the future. Ad Valorem taxes are funneled into the General Fund. There was a lengthy discussion concerning a "Business" form regarding parking calculations for new commercial tenants which an owner is required to complete. Susan Istenes stated she will research the issue and return with a report. 5 March 4, 2009 VII. New Business A. Report from Contractor Licensing - Amount of Citations, Types and fines Paid Michael Ossorio stated: . Fee Schedule through January, 2009, was distributed to the Committee . Coverage area: City of Naples, Marco Island, and Collier County . 89 citations were issued in February, 2009 . Trend: Homeowners are contracting with unlicensed Contractors for home improvements and/or renovations . $60,000 to $70,000 in Code Enforcement Board fines/liens are projected . $100,000+ Citation fines are projected . 20 to 30 "Stop Work" Orders issued per week for permit violations . Contractor who accepts a deposit of 50% or more of estimated cost and does not obtain a valid permit within 30 days can be charged with Grand Theft VIII. Committee Member Comments A. Recommendation from DSAC to Eliminate the EAC and add (2) Environmental Positions to the Collier County Planning Commission (CCPC) Board . An applicant must attend a PC meeting which can be lengthy and costly . There is a cost savings to "combining" the two bodies . EAC has specific responsibilities - members have technical qualifications - more than just 2 members should be recommended . Committee size - too many members, not effective Robert Mulhere moved to forward a recommendation to the Board of County Commissioners to consider combining the Environmental Advisory Committee ("EAC'') with the Collier County Planning Commission ("CCPC'') by adding two environmental positions to the CCPC. The Motion does not diminish the roles or responsibilities of either body. From an efficiency and cost-effectiveness perspective, the roles could be combined into a single body. The Developmental Services Advisory Committee also recommends the Board consider re-defining the role and responsibility of the singular Commission body. Second by Marco Espinar. Carried unanimously, 15-0. Bill Lorenz stated he would include the Motion in the Executive Summary. VI. Old Business B. Brief Update on Progress of the Floodplain Management Ordinance - Robert Wiley (Continued to next meeting) DSAC Meeting Dates: April 1, 2009 at 3:00 PM May 6, 2009 at 3:00 PM June 3, 2009 at 3:00 PM July 1, 2009 at 3:00 PM 6 March 4, 2009 There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 4:40 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman The Minutes were approved by the Board/Committee on as presented , or as amended 7