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DSAC Minutes 05/06/2009 R May 6, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, May 6, 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: Vice Chair: William Varian Thomas Masters Charles Abbott James Boughton Clay Brooker Laura Spurgeon DeJohn Dalas Disney David Dunnavant Marco Espinar (Absent) Blair Foley George Hermanson (Excused) Reed Jarvi Robert Mulhere (Excused) Reid Schermer (Excused) Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, CDES (Excused) Judy Puig, Operations Analyst, CDES - Staff Liaison Bob Dunn, Director, Building Review and Permitting Nick Casalanguida, Director, Transportation and Planning Phil Gramatges, Interim Director, Public Utilities Division James French, Operations Manager, Operations Support Ed Riley, Fire Code Official Amy Patterson, Impact Fee Manager Robert Wiley, Principal Project Manager, CDES DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA May 6, 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 April 1 ,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 (Absent) VI. Old Business A. Discussion of the FY201 0 proposed budget - Gary Mullee B. Review & approval of the Floodplain Management Ordinance - Robert Wiley C. Microfilm surcharge on every building permit and how it is being allocated - James French VII. New Business A. Asbestos Training brochure - Bob Dunn B. Jail Impact Fee update study - Amy Patterson C. Mining - Nick C. VIII. Committee Member Comments IX. Adjourn Next Meetina Dates June 3, 2009 CDES Conference Room 610 - 3:00 pm July 1, 2009 CDES Conference Room 610 - 3:00 pm May 6, 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 suggested the following changes: · Under Item VI, "Old Business," change "C" (Microfilm surcharge) to "A" · Under Item VII, "New Business," move "A" (Asbestos training) to be heard following Staff Announcements. Tom Masters moved to approve the Agenda as amended. Second by Charles Abbott. Carried unanimously, 8-0. III. Approval of Minutes - Aprill, 2009 Meeting Clay Brooker moved to approve the Minutes of the April], 2009 Meeting as submitted. Second by Blair Foley. Carried unanimously, 8-0. IV. Public Speakers (None) V. Staff Announcements/Updates A. Public Utilities Division Update - Phil Gramatges Mr. Gramatges stated he had nothing to report but will answer questions. A Member commented that his interactions with personnel in the W ater/W astewater Departments have been very positive and he complimented their responsiveness to Deviation Requests which have been reviewed within two weeks. B. Fire Review Update - Ed Riley, Fire Code Official Mr. Riley stated his report indicated an increase in reviews (approximately 100) over the previous month. He anticipated even higher numbers for next month. A question was asked concerning the possibility of assisting Lee County with its Fire Reviews. Mr. Riley stated he was approached by a Lee County Fire Chief about conducting reviews for either portions, or all, of the Lee County Fire Districts, but nothing definite had been worked out. The Collier County Fire Code Steering Committee directed him to perform a study and analysis. The study determined service could be provided to Lee County without negatively impacting Collier County, but additional staff would be needed. There are legal issues to be resolved, and District agreements to be signed. C. Transportation Division Update - Nick Casalanguida . The 951/41 Consortium is on line · A new $18M capital project is being brought on line · Bids for design and construction of the 951/4IIntersection Project will be accepted in the near future · Budget cycle is in progress 2 May 6, 2009 · The Immokalee Interchange MOA ("Memorandum of Agreement") with the DOT regarding lanes is being drafted and will be presented to the Board of County Commissioners · The Right-of-Way Handbook has been completed and will be sent to Tallahassee for approval; copies will be emailed to Members upon request D. CDES Update - Joe Schmitt, Administrator (No Report) (Laura Spurgeon DeJohn arrived - 3: 15 PM) VII. New Business A. Asbestos Training Brochure - Bob Dunn · The Florida Department of Environmental Protection will conduct Asbestos Training on May 28,2009 from 8:00 to 10:00 AM in the CDES Conference Rooms. Copies of the brochure were distributed to the Committee. · Additional topic: removal and disposal of Chinese drywall A Member requested an update on the Collier County Building Permit Fee Study. Mr. Dunn stated a study will be conducted for the Building Department for permit fees. The County Manager and Mr. Schmitt will review the submittals and will report to the Board of County Commissioners. Chairman Varian suggested including a member ofDSAC on the review committee. It was also suggested to include a member of CBIA ("Collier Building Industry Association") on the review committee. Gary Mullee stated the purpose of the Study is to match each individual fee with the actual cost of the activity. The Study will review/assess each fee, and will not be completed until Fall, 2009. VI. Old Business A. Microfilm Surcharge on every Building Permit & Allocation - James French (Note: Agenda change: was originally "C") · There is a $3.00 microfilm/scanning charge that is allocated to Fund #113 · Marco Island increased the fee from $3.00 to $5.00 · One person is dedicated to scanning but also must assist when necessary at the front window (due to personnel shortage) · County has not updated the "WebXtender" license and films cannot be viewed by the general public (unless in the Records Room) due to lack of funds · Is a backlog of scanning - it takes 1 12 hours to scan a Construction Master Plan into the database · Fee may be eliminated after CityView is on line (Mario Valle arrived - 3:20 PM) 3 May 6, 2009 · Fee does not support actual cost to provide the service - it is a per project fee (project may involve 100 pages but will only cost $3.00) · There is a desk in the Records Room for use by the public to view the documents · Hard copies of documents are stored off-site at a vendor's facility Suggestions: . Rename the fee to "Imaging Fee" · IT Department and the County's Records Manager give presentations at a future DSAC meeting (David Dunnavant arrived - 3: 2 5 PM) VI. Old Business C. Discussion of the FY 2010 Proposed Budget - Gary Mullee Overview of Budget Process: · Material was distributed containing raw data for #113 and #131 Funds . Data is being compiled for # 111 Fund · Initial meeting with County Manager - May 14, 2009 · Meeting with the Productivity Committee - May 19, 2009 to review budgets and segregate enterprise funds from costs for # 111 Fund and #001 Fund · Meeting with CBIA ("Collier Building Industry Association) - May 27,2009 to review allocation methodology and inter-fund transfers (Fund #113) · Update presentation to DSAC - June 3, 2009 · Initial Workshop with Board of County Commissioners - June 29, 2009- general discussion of on-going fee studies, reserves, and potential for further CDES staff reduction - seeking guidance from BCC · Budget Hearings - September, 2009 - final decisions will be made regarding potential fee increases and staff reductions Fund #1J3: · Proposed Budget will be reduced by 25% from FY 2009 · Reserves range from $1.7M (beginning ofFY) to $67,000 (end ofFY 2010) . Reserves will be depleted by June/July, 2010 · 3-mo. basic reserve level is $l.2M (minimum reserve level) · To maintain an adequate reserve level, a 20% increase in fee revenue is necessary · Fee Study is being conducted to determine which fees are reasonable and which can be increased (in Funds #113 and #131) · Option in #113: further reduction of 14-15 positions in CDES - will maintain only minimum State standards regarding review turn-around times · Option: cap on daily inspections Fund #131: · Proposed Budget will be reduced by 52% from FY 2009 · "Reserves" range from $lM to $200,000 at end ofFY 2010 4 May 6, 2009 · The General Fund (Fund #111) will loan, this year, $1.45M to Fund #131 as an operating loan because Fund # 131 is depleted · Adequate reserve: approximately $800,000 · Loan will be repaid to Fund # 111 - numbers are to be worked into Budget · 35% across-the-board fee increase is being considered and Tindale-Oliver is conducting a fee/rate study · Staff reduction is also under consideration (approximately 10 positions); current staff is 37 (down from 100) · Partial subsidy from Fund # 111 for Planning (Zoning and Engineering operations) · Correction of reserve level for Fund #131 from 2003 - should have been $1.IM - may be achieved by waiving $966,000 loan from #113 and refunding $144,000 to #131- Tindale-Oliver is examining methodology before submitting to Clerk and the BCC Fund #111: (supported by Ad Valorem tax) · May lose between 6 to 20 full-time employees because enterprise fund activities are down; · Millage rates may be reduced Good news: allocations (expenses) have been reduced from last year . Fund #131 - reduced by 73% . Fund #113 - reduced by 50% Discussion ensued regarding potential cost-cutting measures including streamlining "the system" - costs associated with the time to obtain an SDP or a variance. For example, a permit application for a trash enclosure is reviewed by three different departments. Another suggestion was to rent vacant space within the CDES building. It was noted that Fund #113 has overpaid to Fund #131 for a number of years prior to 2003. Question: Fund #131 has provided a large quantity of Fund #111 services (i.e., BCC requests, etc.) - is the General Revenue Fund going to pay for the services demanded from Fund #131? Mr. Mullee stated those items are being tracked by Tindale-Oliver and will be presented to the Board of County Commissioners. There was another question regarding refunding unused pre-paid services and if the checks were still being issued. Mr. Mullee stated The County Attorney's Office is reviewing the County's obligation and the appropriate amount(s) to be refunded. There may be a 10 to 20% administrative fee/carrying costs to be paid. Chairman Varian stated he had been approached by various members within the Building Industry expressing concern regarding furloughs in the Contractor Licensing 5 May 6, 2009 Department. The Industry is trying to police itself, there is unlicensed and un- permitted activity happening. In January, DSAC asked for an additional inspector to be added to the Department. Will that person now be lost? Bob Dunn stated an additional inspector was added to the staff of contractor licensing. The County is aware of the concerns of CBIA's members. B. Review & Approval of the Floodplain Management Ordinance - Robert Wiley Mr. Wiley stated he would answer questions and requested a vote to approve the Ordinance. A question was asked concerning flood proofing and the free-board requirement. The Ordinance meets or exceeds FEMA's requirements regarding base flood elevation ("BFE"). Mr. Wiley explained the County currently does not have a "free board" requirement but FEMA is moving to mandate "free board" on a nation-wide basis. A question was asked about the building cost of raising a house by one foot. Mr. Wiley stated the free-board cost would pay for itself in reduction of mandated flood insurance premiums over a 15 to 17-year period for homes located in flood hazard areas. Mr. Wiley stated the County is a "Class 7" Community. If the County accumulates 2,000 points it will receive a class change (upgrade), and there will be an additional 5% discount of flood insurance policy premiums for homeowners in special flood hazard areas. He further stated the original Ordinance was written in 1986. The Ordinance presented is entirely new. There were further questions regarding the definitions: i.e., "shallow flooding." Mr. Wiley stated some ofthe definitions were redundant. There was further discussion concerning the "one foot" requirement and whether or not the requirement is cost-effective, i.e., cost versus return. Mr. Wiley stated the purpose is to make a house more resistant to flooding. There was discussion about the lack of an effective definition for "water course." Mr. Wiley pointed out there was a definition for water course, but every water course was not defined. Regarding flow way, it was suggested that language concerning lot-specific sheet flow should be precluded from the definition. It was pointed out that Collier County does not have a "building code" - there is a Florida Building Code and a Collier County Land Development Code. Mr. Wiley stated references to "Collier County Building Code" will be removed from the document. There was a question regarding penalties and fines. Mr. Wiley stated the County Attorney's Office approved the amounts. 6 May 6, 2009 There was further discussion concerning the "49% Rule" and flood elevation regarding new and re-construction/improvements for residential and non-residential structures. Mr. Wiley stated FEMA will review the adopted Ordinance and evaluate it to determine if it meets their minimum requirements and for higher regulatory standards. Charles Abbot moved to deny approval of the Ordinance based upon cost and that the payback period is too long. The Ordinance does not make good economic sense. Second by David Dunnavant. Discussion ensued. It was determined that portions of the Ordinance were required by FEMA. The purpose of the Ordinance is to prevent flooding, not necessarily to save money for homeowners paying flood insurance premiums. It was suggested to add an itemized breakdown to the Ordinance detailing the regulations being added, the points being gained, and the costs versus benefits. Mr. Wiley agreed the general public probably does not understand the Ordinance. A question was asked concerning the implications of not approving the Ordinance. Mr. Wiley stated if the Ordinance is not updated as directed by FEMA, FEMA will put the County on probation and there will be a $50.00 surcharge for every flood insurance policy in the County. If the County refuses to update the Ordinance, FEMA can withdraw the County from the flood insurance program and the mortgages within the special flood hazard areas could be called by the banks. He further stated while the Ordinance must be updated, it does not need to contain the higher regulatory standards. It was suggested the Motion be revised to include the reasons why it was not recommended. It was also suggested the Ordinance clearly identify which elements are FEMA-required and which are add-ons. Charles Abbott did not amend his Motion because he stated the Ordinance should be re-written. The Motion failed; 2-Yes/9-No. Reed Jarvi moved to approve the Ordinance with four conditions: (1) remove the one-foot freeboard requirement; (2) change the 49% to 50% in accordance with the Florida Building Code; (3) to include an economic analysis of allY change to the freeboard including cost and return, and (4) to identify the FEMA-required elements and the higher regulatory standard elements. Second by Mario Valle. Carried unanimously, 11-0. (Laura Spurgeon DeJohn left at 5:20 PM) VII. New Business B. Jail Impact Fee Update Study - Amy Patterson The final draft of the Jail Impact Fee Update Study and the Executive Summary were included in the packet distributed to the members. 7 May 6, 2009 A comment was made concerning the population projection and the validity ofthe numbers. Thomas Masters moved to recommend to the Board of County Commissioners to freeze the Jail Impact Fee as is and not change it. Second by Blair Foley. Amy Patterson stated the Impact Fees are current. Transportation fees are going down on June 8th. The methodology for indexing is being amended. Motion carried unanimously, 10-0. Chairman Varian asked the Members if they reviewed the fiscal impact, as requested by Joe Schmitt, concerning moving equipment on a house. He stated he researched the issue and found several issues: the energy calculations will be affected by moving a condenser, and electrical boxes will need to be moved especially if a pool is to be built. The topic will be included under "Old Business" on another agenda. C. Mining - Nick Casalanguida Mr. Casalanguida stated the "final" report will be revised. He stated the final document will be brought back before DSAC before presentation to the Board of County Commissioners. He also stated mining operations in Collier County do not currently pay an Impact Fee. Lee County has adopted an Impact Fee. The only Impact Fee that a mine will pay is a Transportation Impact Fee. It will not be applied retroactively. Active mine sites will be excluded unless there is expansion. A trip length study was conducted. Blair Foley moved to approve the concept of the study pending review of the final document by DSAC. Second by Thomas Masters. The Motion failed, 5-Yes/5-No. VIII. Committee Member Comments Judy Puig asked the Members if they wanted to continue receiving hard copies or if the electronic copies were sufficient. The members requested that she continue to produce hard copies. The next Subcommittee meeting is July 15,2009. DSAC Meeting Dates: June 3, 2009 - 3:00 PM July 1, 2009 - 3:00 PM 8 May 6, 2009 There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 5:45 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman The Minutes were approved by the Board/Committee on as presented , or as amended 9