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
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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.
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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.
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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.
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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.
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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
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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
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