CEB Minutes 02/24/2000 WFebruary 24, 2000
TRANSCRIPT OF THE WORKSHOP OF THE
CODE ENFORCEMENT BOARD
OF COLLIER COUNTY
Naples, Florida, February 24, 2000
LET IT BE REMEMBERED, that the North Code Enforcement
Board, in and for the County of Collier, having conducted
business herein, met on this date at 8:30 a.m. in SPECIAL
SESSION in Building "F" of the Government Complex, East
Naples, Florida, with the following members present:
CHAIRMAN:
Clifford Flegal
George Ponte
Don W. Kincaid
Roberta Dusek
Kathryn M. Godfrey
Peter Lehmann
Darrin Phillips
Rhona Saunders
Diane Taylor
ALSO PRESENT:
Jean Rawson, Attorney, Code Enforcement Board
Michelle Arnold, Code Enforcement Director
Maria Cruz, Enforcement Official
Page
Location:
~0DE ENFORCEMEN?..~O&RD. OF COIalaI]~R COUNTY, FLORIDA
February 24, 2000 at 8=30 o'clock
Collier Cotm:y Government Center, Adam. Bldg,
3rd Floor
1. Susan Nurra¥
2. Barbara Burgeoon
3. S:an Chrzanowski
4. Johnnie Gebhardt
5. Joan Rawson
Planning
EnVironme~tal Review
Engineer Review
Building Parmitc
Rules and RegulaEions
NOTE: AN~ ~RSON WI40 DECIDES TO APPEAL A DECISION OF THIS BOARD WILL N£~D A RECORD
0P THE PROCEEDINGS PERTAINING TH~RHTO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RI~CORD OP THE PROCEEDINGS IS ~L%DE, WHICH RECORD INCLUDES THE TESTZMONYAND
EVIDENCE UPON WHICH THE APPEAL IS TO R~ BASED. N~IT~ER COLLIER COUNTY NOR THE CODE
ENFORC~'%IENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
1.
3. January 27, 2000
4.
~OLL. CALL
APPROVAL OF AGENDA
APPROVAL OF ~INUT~S
pU~LZC HZ~aIN~$
A. BCC vs. Southern Managemen= Corp.
B. BCC vs. Paul L. aha Ba=baza A. Ri~dleberger
C. BCC vs. NiCk S. Cencenaroo TR.
CEB No. 2000-001
CZB NO. 2000-006
CEB No. 2000-008
CEE No. 99-073
A. ~C VS. Willi~ E. & Severly M. Hu~hy CE~ No. 99-066
A. Bce vs. Richard ba~ence Kntebea L
Marsha b. To. send
8.
9.
10.
REPORTS
A. BCC vs. William E. & Beverly Hurphy
B. FORF, CLOSURES
COMMENTS
NEXT MEETING DATK
March 23, 2000
%DJOURN
CEE NO. 99-066
February 24, 2000
CHAIRMAN FLEGAL: Your show for the time being, ma'am.
MS. ARNOLD: Okay, we are going to be -- for the record,
Michelle Arnold, code enforcement director.
I'd like to initially welcome our new member, Mr. Don
Kincaid. He has been appointed by the Board of County
Commissioners as a full member of the board.
So welcome aboard. And this is a perfect time for you to
start, because we're going to give you an introductory of our
community development services division and how that whole
process works over there.
MR. KINCAID: I think you planned it that way. Thank you.
MS. ARNOLD: We do have members of the community
development staff here today. Susan Murray, which is in the
planning staff. Barbara Burgeson, she's with environmental
review. Stan Chrzanowski, he's with the engineering review
section of the planning department. Johnnie Gebhardt, she's with
building and permitting and review, and she's in that building
department.
And when Jean gets here, she'll go over the rules and
regulations for the Code Enforcement Board and give you -- or
address some of the other information that she provided to you
all in the packet last month.
Mr. Kincaid, did you get that packet as well? It should have
been a folder, a separate folder.
MR. KINCAID: Yes, I got--
MS. ARNOLD: Okay.
MR. KINCAID: -- a separate folder with the rules and
regulations pertaining to the Code Enforcement Board and a few
other items, the statutes.
MS. ARNOLD: Great. That's exactly right.
All right, if I can have Susan Murray start the workshop.
MS. MURRAY: Good morning. I'm Susan Murray, I'm the
chief planner, planning services department, and I'm going to
present a real simplistic overview of our site development plan
process.
Not knowing how much you all know or don't know, I
Page 2
February 24, 2000
thought I'd keep it very simple and allow you the opportunity to
ask questions. And there's other staff members that will be
making presentations that will kind of dovetail on what I'm
presenting. So I don't know how Michelle wants to handle it.
Perhaps at the end if she wants to take questions at the end of
each presentation, whichever you prefer.
MS. ARNOLD: It's up to the board. It may be easier for you
all to ask questions as the presentations are provided. MS. MURRAY: That's fine.
CHAIRMAN FLEGAL: Yeah, let's let them give their
presentations, and if while they're doing it a question arises, I
think it would be easier to ask it then. Otherwise, as normally
happens, we all tend to forget the question we had, if we wait.
MS. MURRAY: Okay. What I handed out to you, before I get
started, is an overview of the Collier County development
approval process. And this will give you a little bit of a
perspective on where the site development plan process falls
into the overall development process, starting with vacant land
and ending with an actual building on the site.
As you can see, I highlighted in purple the SDP or site
development plan process. It is an administrative process which
usually occurs after a vacant piece of property has been zoned
appropriately to allow the proposed use. So with that I'm going
to go ahead and get started.
Basically the site development plan process is an
administrative process. It's a site plan review process.
Basically it's been implemented to ensure compliance with the
land development regulations prior to the issuance of a building
permit.
It's not applicable to all development in the county.
Specifically it would be applicable to all commercial
development, industrial development and multi-family
development. It would exclude your typical single-family home
or duplex.
It does require engineered site plans. Some projects require
signed and sealed architectural plans. And that would mostly
apply to all of our commercial projects, and some of the
Page 3
February 24, 2000
industrial projects. And also require signed and sealed
landscaped plans.
While we're going through the site development plan
process, which involves many different sections within our
administration -- I'm in the planning section. We also have Stan
Chrzanowski will speak to you about engineering review.
But when a developer submits a site plan, those plans are
farmed out to each of the individual sections for their review and
comment. And generally, when they're reviewing those plans,
they are -- I was going to give you an overview as to what they
are looking for, and that is specifically to ensure that the
development complies with fundamental planning and design
principles.
We also ensure that the development is consistent with the
county's Growth Management Plan.
We look at the configuration of traffic circulation system;
the layout and arrangements of buildings and open space. We
also look at emergency access, architectural design and open
spaces, the availability and capacity of drainage and utilities, the
overall compatibility with adjacent development, and the
impacts of the development on natural resources and any
environmental concerns.
Through your work here, you might often hear site
development plan or site development plan amendment, SDP,
SDP amendment or site improvement plan. Those are variations
within the overall site development plan process. (Mr. Lehmann enters boardroom.}
MS. MURRAY: And I've put up on the screen -- and I'm going
to go into detail in just a second, so I won't spend a lot of time on
this -- kind of an overview of the differences between those
processes, to give you an idea, when you hear that terminology,
what we're talking about.
With that in mind, I'll start with the SDP amendment.
CHAIRMAN FLEGAL: Michelle, this chart's very interesting.
Would it be possible for you to see that we all get a copy of this
particular one?
MS. ARNOLD: Sure.
Page 4
February 24, 2000
MS. MURRAY: SDP amendments would be applicable to any
proposed change to a previously approved site development
plan. I probably should have just started out with the overall site
development plan itself. But let's assume that we have a piece
of property that's developed and -- through an SDP and they want
to change that, so they would be required to go through an SDP
amendment.
Within that process, amendments are defined as either
substantial or insubstantial. Substantial would be any change
which substantially affects existing transportation circulation,
building or parking arrangements, drainage, landscaping or
preserve and conservation areas. And this is defined in our Land
Development Code. Insubstantial would be all other changes.
Just to give you an idea of the cost, it would be the same as
a new site development plan. $425, plus $9 per dwelling unit,
plus $21 per residential building structure.
And then for nonresidential, you would pay $425, plus a
penny per square foot, plus $21 per building.
The review time is generally 10 to 20 working days. And I
want you to keep in mind that that 10 to 20 working days is
generally the time at which the county staff is reviewing the
project. And there can be several review phases within an
overall review.
So, for example, upon initial submittal, the county staff may
have some detailed comments that they would write out and
then send back to the applicant for revisions to his or her plans.
They would then resubmit plans and they would be re-reviewed
by the applicable sections.
So the 10 to 20 working days is generally the initial review.
Overall, I think generally site plans probably take about two
months to complete, if the applicant is submitting revisions in a
timely manner and county staff is on time with their reviews.
MS. DUSEK: Excuse me, I'm interested in this part also,
Michelle, because oftentimes we ask about cost and time.
MS. ARNOLD: What I'll do is I'll get a copy of all her slides
and then provide that to the board.
CHAIRMAN FLEGAL: Excuse me, you're talking now about
Page 5
February 24, 2000
an amendment, and you're talking this two-month period. What
about if there are no revisions, just a straight SDP, is that about
a two-month time period?
MS. MURRAY: It's about the same time frame, yeah. And it
really depends on the type of amendment. Some of the
amendments can be relatively straightforward and not require
substantive review by certain reviewing agencies. But I think
this is generally a pretty good time frame to abide by.
A lot of SDP's come in and we don't -- we'll submit first
comments to the petitioner, and we don't hear back from them
for months. And so it really is -- it's kind of a two-way working
arrangement where they have to be responsive to our comments
and vice versa.
An insubstantial amendment costs $85, and our staff review
time generally is within five to 10 working days.
MR. PONTE: Susan, could you just -- what's an insubstantial
amendment? What would that be?
MS. MURRAY: I'll go back to this slide here. The way to
define an insubstantial is basically to define a substantial. MR. PONTE: Good enough.
MS. MURRAY: And as you can see, it's any change which
substantially affects existing transportation circulation, building
or parking, drainage, landscaping, preservation and conservation
areas,
Usually if they're adding impervious area or changing the
traffic circulation pattern on a site, adding building square
footage, those sort of things are generally considered
substantial.
We'll get insubstantial changes in -- and Stan may touch on
those -- for a lot of engineering issues, like if they want to
relocate a drainage structure, things like that that are really
minor that really don't have a substantial impact on the layout of
the site or the impervious or water management concerns; any
environmental concerns, landscape, that sort of thing. MR. PONTE: Thank you.
MS. MURRAY: You're probably also familiar with the
terminology SIP or site improvement plan, and that would be
Page 6
February 24, 2000
applicable to currently improved -- a currently improved site
where there is no proposed expansion of existing impervious
area or change or effects of the on-site surface water
management areas.
Site improvement plans we generally will use on older
developments that were not -- that did not go through the SDP
process. Some of these older developments may have been built
prior to the Land Development Code amendments, which
required site development plans for commercial and industrial
development. So that's generally where a site improvement plan
is applicable.
Cost is $85, and review time is five to 10 working days.
What I might point out is -- and I'm not sure exactly how you
operate, but I don't know if you're charged with making
recommendations to somebody you may have a code case with,
to say you need to get an SDP or you need to get an SIP or
something to that effect.
But a lot of times the SDP amendments, be they substantial
or insubstantial, or the SIP process, is kind of something that
may or may not be easily determined, depending on the
conditions of the site. So generally, as staff, we hold what's
called a pre-application meeting, prior to anybody submitting any
of these plans, to get an idea of what a person wants to do on
the site, what's existing, what environmental concerns there are,
water management concerns, access concerns, setback issues,
anything like that. We generally hold what's called a
pre-application meeting, to take a look at those issues on the
surface, and then make a recommendation as to the process that
the person needs to go through.
So it might be difficult for you, and again, I'm not sure that
you do that, to actually recommend, you know, to somebody you
need to do an SIP or an SDP amendment of substantial or
insubstantial change. Generally we determine that at the staff
level, depending on conditions of the site or depending on what
the petitioner wants to do, so --
MS. ARNOLD: Just for the board's information, an example
of what would have occurred, our staff, code enforcement staff,
Page 7
February 24, 2000
would have consulted with the Planning Department and
recommended to a petitioner or respondent that they meet with
the Planning Department to do just that, determine whether or
not it's at the level of the site development plan or site
improvement plan.
The gentleman that was before you, I believe last month,
with the containment areas for -- went through that process but
didn't follow up with recommendations made by the planning
staff.
MS. MURRAY: I'm just going to give you a real brief
overview. And again, some other staff members may go into a
little more detail about this, about how the process works.
Basically our project review section coordinates the review
process. Site plans are submitted by developers -- or generally
by the developer's engineer, and are distributed to county
departments for review and comment. And that would include
the planning services department, engineering review. Within
our planning services, we have an environmental staff. It may or
may not go to transportation. We have a landscape architect who
does review, stormwater management, PWED sometimes will
review our site plans.
So depending on the nature of the site plan, it actually -- the
plans are actually farmed out to what I call the various reviewing
agencies, which would be various departments within the county
for their review and comment.
Again, they review the project for compliance with county
codes, regulations and permitting requirements, and then the
comments are collected back at the project review section and
then distributed back out to the petitioner's engineer for changes
to site plans.
When all the reviews are complete -- and again I mentioned
this, maybe a two or three-step process, whereby we submit
comments and the engineer returns corrected plans based on our
comments. So when all those reviews are complete and the
plans meet the county codes, provided the applicant has met all
the code and permitting requirements, administrative approval of
a site development plan is then given.
Page 8
February 24, 2000
Once the SDP is approved, the developer may begin to apply
for building permits. And once permits are approved, the
developer actually may begin construction. And that's where the
building review and permitting would come in next after us.
So with that, I'm finished. If you have any more questions,
I'd be happy to answer them.
MS. DUSEK: I just have a basic question. When you send
the plans out to these different review groups, are -- do they have
a certain amount of time in which to get them back?
MS. MURRAY: Yes. That's where the 10 to 20 working day
time frame would come in.
MS. DUSEK: So they have to do it, say, within 20 days? I
mean, what if someone is backed logged and can't -- MS. MURRAY: Right.
MS. DUSEK.' -- within the 20 days? Is it required or is it just
something you ask that they try to do?
MS. MURRAY: It is actually -- I guess you could say it's
actually a policy. It is required. And I would say generally we're
pretty successful. All of our reviewing agencies are pretty
successful in turnaround. And generally the first submittal you're
required to respond back within 10 working days.
MR. PONTE: One of the problems that we have is
determining lengths of time. And so your -- the idea of 10, 20
working days is good. But I guess my question is, how soon can
he get started? In other words, one has to have a plan amended,
let's say. How quickly can that process start? Can the
respondent leave here and go over to Horseshoe Drive and start
it this afternoon, or is there a delay time in just getting started?
MS. MURRAY: Generally a respondent could actually pick up
the phone and call planning services department and set up
what's called a pre-application meeting. We would take the
information and try to set up a meeting -- at least try to return
their phone call within either that same day or within two to
three days, three days at the most, and then set up a meeting
time. And that would be your pre-application meeting. So that,
you're probably looking at about a week right there, if -- you
know, between coordinating times.
Page 9
February 24, 2000
Stan might actually be able to fill me in a little bit, because
he's an engineer, so he might actually know, like the time frame
it takes a person, once they've hired an engineer, to actually
draw plans, fill out the application that we require, get their fees
together, and submit the number of copies they're required. He
might have a better idea of that.
But that's also involved in the process. That's prior to even
being submitted. Then once the submittal is received, it would
have to be logged in and distributed, which generally takes about
a day. Then you start your time frame for your review process,
which would be your lO working days. So you're looking at two
weeks right there.
MR. PONTE: So it's a month before --
MS. MURRAY: Probably before they even get -- you know,
probably about three weeks before they even get preliminary
comments back, once they've submitted the plans. There's still
the pre-ap and the actual engineering of those plans that has to
take place before the staff even looks at that.
And that's just for the first review. I've never had a --
personally never had a plan be approved on the very first review.
It's certainly possible to happen, but generally revisions are
necessary. So then you're looking at another time frame for
review.
I -- you know, I would guess if somebody was real
conscientious and we -- and everybody was on the same time
frame, two to three months you should be able to have an SDP
approved, provided there are no major issues. But I might be
being optimistic.
MR. PONTE: One of the problems that we hear is it's almost
impossible to retain the services of an engineer, if the project
happens to be relatively small. Is there any guidance you can
give respondents who are looking for engineers? MS. MURRAY: Not me personally.
Stan, do you have any insight to that? I mean, you work a
little more closely with engineering firms than I do. Yeah, I'm
done. Before you --
MS. ARNOLD: Do you all have other questions for Susan, for
Page 10
February 24, 2000
-- you know, not related to engineering?
MS. DUSEK: I just wanted to know for my simple mind that
if I wanted to develop a property, not just a residential home, but
to develop a property, the first thing I would do would be get an
application, then get an engineer, and then the process begins, is
that it?
MR. CHRZANOWSKI: If I were you, I'd hire the engineer first.
I would know what I want to do, and then I would go out and find
an engineer of a proper size to do what you want to do.
We do have people come in with an idea and they want to
set up a pre-application meeting, and we will tell them that --
they will say what size their project is. And we're not allowed to
hand out -- you know, say go to this engineer, but we tell them a
bunch of engineers of a comparable size and we tell them just to
call them all and find yourself one that you're satisfied with and
happy with.
There's all different size engineering firms. They run from
one-man shops that do it with Auto CAD in their backyard or in
their garage up to a Wilson-Miller who's got state-of-the-art
equipment on everything.
MR. PONTE: So it would be correct for us to be able to
advise a respondent that has a rather small problem that the
county could provide, as the hospital provides, a list of
references for doctors. They're not recommending a doctor,
they're just saying here are the specialists in that area, if they
went to --
MR. CHRZANOWSKI: Sort of. But I don't think we want to
get into that habit. We could make up a list. We have a list of
every engineer in Collier County that we send mail out to. If we
have a change in the Land Development Code we think they all
should know about, we have a standard notification list.
We could hand that out, I suppose, but some engineers know
more about Immokalee than the City of Naples, and some
engineers know more about the City of Naples. You know, we'll
hand out at least three or four names, but never less than that.
But if you want, we could get up a list of every engineer in the
county, but you might as well just go to the Yellow Pages.
Page 11
February 24, 2000
CHAIRMAN FLEGAL: I don't think we need to.
MR. PONTE: No, it wasn't that. It's just that I needed a little
advice as to when we are told, and often are, we couldn't get an
engineer because everything is so busy in the county. I mean, is
that --
MR. CHRZANOWSKI: That's about right.
MR. PONTE: That's about right? It's a valid reason.
MR. CHRZANOWSKI: Yes.
Okay, good morning. My name is Stan Chrzanowski and I'm
a senior engineer with the engineer review section. My boss is a
man named Tom Kuck.
What we do is when the projects come in, like Susan told
you, somebody will submit an SDP or a subdivision. I'm sure
everybody knows that a plat is a map of a subdivision, a
subdivision is when you want to subdivide land for sale.
Other than the original 13 colonies, the rest of the United
States was put into what they call sectional descriptions;
section being a square mile, 640 acres.
So when you divide sections up, like a quarter of a section is
160, a quarter of a quarter is 40, a quarter of a quarter of a
quarter is 10.
If you want to subdivide out a 40-acre or a 100-acre or a
50-acre parcel, you create what they call a subdivision, because
you want to easily transfer the land. And the math you create
over the subdivision shows the streets, the right-of-ways and the
individual lots. And then you could call it lot 24 of Stone Bridge
and just sell it that easily. You don't need to provide a metes
and bounds description of the parcel.
So if you want to subdivide land, you create the subdivision,
you have to supply us with the plat, which is a map of the
subdivision, and you have to supply us with construction
drawings showing all the infrastructure within the subdivision, so
that you don't sell a piece of land to somebody and they move
down from New Jersey and find that they have no water and
sewer,
You can do it in a couple of ways: You can build all your
infrastructure up first, or you can bond the uncompleted
Page 12
February 24, 2000
infrastructure with us and start selling off parcels. That's -- I'm
getting off on the side there. The whole thing is fairly complex.
An SDP is a site development plan for a parcel within, say, a
subdivision. Like if you were to create Pelican Strand, you have
all the individual subdivisions inside. Up at the entrance you
have a commercial parcel, when you want to develop the
individual tracts, or you might have a bunch of commercial
parcels up front.
To develop one of those parcels, you would create a site
development plan for that individual parcel. You would have
created the plat first and then transferred that parcel to
somebody else, who would then hire the engineer and come in to
us for a pre-application meeting for a site development plan
within that parcel.
Sometimes the infrastructure is not complete within the
entire subdivision when we get the parcels that want to be
developed, in which case we will put conditions in there about --
that the infrastructure from your parcel to the entrance -- the
water, the sewer, the road and everything that serves your
parcel -- has to be complete before we'll give you usually the
certificate of occupancy. We have had occasions where the
building is done, but the infrastructure that serves them is not.
And we get the occasional pressure to let people open with less
than complete infrastructure. We don't do that.
Okay, so you've got subdivisions and you've got site
development plans. And like Susan said, you have insubstantial
changes and SDP amendments, because somebody realized
something wasn't selling, they want to come in and change it.
That gets submitted to a woman named Sherry Long. Or I guess
Belinda Smith does some of the taking in of the documents.
When they get the documents in, we require something like
11 or 12 sets of drawings. And everybody asks why, all signed
and sealed. Used to be that they would require fewer, and the
drawings would go from one reviewer to another to another to
another. And naturally that lengthens the process. (Mr. Phillips enters boardroom.)
MR. CHRZANOWSKI: So they decided if they got enough
Page 13
February 24, 2000
drawings to where they could send copies to water management,
transportation, utilities, architectural review, landscape review,
fire protection, planning and zoning, environmental review and
the environmental health, HRS, who is also in our building that
does septic tanks and drain fields for areas that don't have
public water and sewer, if they could send those all out at once,
it would speed up the review process.
And the other thing we require is that all those drawings be
signed and sealed by a professional engineer. Well, Sherry sends
it out to all those people, and depending -- like right now, our
review portion of it, we're about a week ahead. We're on -- I
guess the next project we're going to review is about March the
1st. But we have been as much as three weeks behind. Because
when these people submit, they don't talk to each other and
space out their load. They come in, and you get 20 of them one
week and then you don't see any the next week.
So if that happens -- we try to shoot for 10 days review, but
it's not a perfect world. So depending on how many projects
you've got, and if you come into our building after hours or on the
weekend, you'll usually see people there working, because
different departments get a little far behind sometimes.
I think three weeks, although we had a stretch where
utilities was about a month behind. You asked about time
frames? Depends on how many more people are in the system
with you. If you pick a time when nobody else is in, you'll get a
real quick turnaround. And these different reviews, some of
them are more complex than others. So the HRS review might
come around in the same day. Fire protection might take a little
longer.
But when Sherry gets all the reviews back, she puts them in
another room, and one of the engineers picks them all up,
collates everything, copies all the comments that everybody has,
and faxes them out to the engineer. We require a contact person
that's going to get the facts. The comments get faxed out to
him. And sometimes we don't see comments, we don't see the
corrections on the comments back for a month, sometimes eight
months. The files just sit there.
Page 14
February 24, 2000
You get the comments back, you pull out your original
comments that you made, you compare them, and you see that
they made the corrections. And like Susan said, very few
projects make it through on the first review. I'd guess maybe
one out of 100.
MS. ARNOLD: Stan, could you give the board some idea of
what types of things would be involved in like an insubstantial
change? Because it seems that would be something you would
be looking at.
MR. CHRZANOWSKI: Yeah, that's generally the planner's
call. And how we usually determine it is if only one or two
reviewers have to look at it. The planner always looks at it. But
if it involves a little landscaping and some -- and you add a
building addition or parking space, even though there's some
more impervious area, if it's a small building addition and maybe
a couple of parking spaces, that's basically insubstantial. Of
course, utilities doesn't have to look at it, all the other
departments don't have to look at it.
(Ms. Rawson enters boardroom.}
MR. CHRZANOWSKI: If you start getting into where two and
three and four reviewers have to look at it for different things
that they've changed, then we generally call that substantial and
send it out under an amendment.
MS. ARNOLD: So it's more a matter of how many people are
having to touch the plan, rather than the amount of--
MR. CHRZANOWSKI: From our point of view, yes. That's
generally what it turns out to be. The larger a change you make,
the more people are going to have to look at it. So that's -- and it
quite often is a judgment call.
MS. ARNOLD: Could you give the board a little bit more
insight in the difference between what the site development plan
requires and the site improvement plan requires from your point
of view?
MR. CHRZANOWSKI: The site improvement plan. If you
have an existing site development plan and you want to change
it, we have a number that we can file it under, the change, so
that we can look it up. The hallmark of a good filing system is
Page 15
February 24, 2000
not being able to file it, it's being able to find it again. So if we
have the number, we can put the change under the number and
always be able to recall it.
If the project is so old, like say 7-Eleven across -- along
Route 41 that's been there since 1970 that we don't have an SDP
number, then we don't have a place to file it. So we create a site
improvement plan, which means you're improving an existing
site. We're not making you create a brand new SDP. We have an
SIP file to put it under and we can recall it if something happens.
MS. ARNOLD: But in terms of engineering, you're not
requiring them to revamp the drainage, for example. You're
going to accept the drainage that they have? I mean, can you
speak to them in that --
MR. CHRZANOWSKI: If the project is substantially
substandard, if it's substandard on drainage or any part of
utilities and you want to improve it, we're going to make you
bring the project into conformance.
Now, there are certain areas that we don't. Like if the DOT
is coming through and taking your entire front drainage area, we
have an agreement with them where we won't make you put in
another drainage area, because you simply can't. There's no
place to put it on the site.
MS. DUSEK: So do you just --
MR. CHRZANOWSKh We're not there to drive anybody out of
business.
MS. DUSEK: Do you more or less review the SDP first to see
if they need to make any of these major changes before they
start working on --
MR. CHRZANOWSKI: We pull out the old files and take a
look at what has been permitted, yeah.
MR. LEHMANN: Stan, one of the things that the board has a
problem with is assigning time frames into orders involving SIP's
and SDP's. Do you have a mean time frame that you see or an
average time frame that a respondent would have to go through
to accomplish either an SIP or an SDP, on average?
MR. CHRZANOWSKI: I would say the 10 working days. The
two weeks is on average fairly good. We mostly hold to that.
Page 16
February 24, 2000
But like I say, around Christmastime we were weeks behind.
MR. LEHMANN: Does that include their engineering time
also?
MR. CHRZANOWSKI: No, it doesn't. That's just ours.
MR. LEHMANN: That's just your staff.
MR. CHRZANOWSKI: And their engineering time's based on
the size of whatever they're doing.
MR. LEHMANN: What do you see on average? Because you
get the pre-application meeting, you get the application itself,
and you go through the final review process. So you see in
essence what they're doing engineering-wise outside of your own
department. What do you project as a normal time that a
respondent will go through involving his engineer, your
department, all the other players into the mix?
MR. CHRZANOWSKI: I think Susan was right about a couple
of months.
MR. LEHMANN: For an SIP or an SDP?
MR. CHRZANOWSKI: For an SDP. SIP is usually a little
quicker.
MR. LEHMANN: So if the board chose to give a respondent
three months to respond for an SDP, would that be sufficient
time?
MR. CHRZANOWSKI: Under normal circumstances, yes.
MR. LEHMANN: And the extraneous circumstances would
be your department having back logs or possibly their lack of
being able to accomplish an engineer, acquire an engineer?
MR. CHRZANOWSKI: If somebody were to come to us and
tell us it's a hurry, we could put it on top of the stack.
MS. ARNOLD: Typically what's done, from code enforcement
staff point of view, too, is that when we see the respondent is
working in good faith when it comes down to, you know, coming
back to the board with an affidavit of compliance or
noncompliance, we would provide information to the board as to,
you know, whether or not it was a matter of staff's review time
or if it was a response and just lack of response. So we would
take that under consideration when we're doing imposition of
fines or--
Page 17
February 24, 2000
MR. LEHMANN: Sure. And I think the board would weigh
that carefully in its decisions. Thank you.
MR. CHRZANOWSKI: Okay. So we send the comments back
to the engineer who then, depending on what the owner wants to
do, may take -- sometimes we get them back in a couple of
weeks. Sometimes we have projects in there that are eight or
nine months sitting there without response to the reviews. And
we don't know why.
Then when we get those back, those comments, it goes
through the same process again, only goes out to the people that
had comments the first time. If they made a change that might
affect somebody that approved it the first time, usually one of
the other reviewers will see it and notify that person, maybe you
should look at this again.
But when eventually the project gets approved -- and it's
usually on the second, sometimes on the third review -- it goes
into what we call the work room and it sits there usually for a
day or two until one of the engineers picks it up and writes the
approval letter.
Then the approval letter has -- we need five copies of the
drawings for internal distribution to the different internal
departments that need them, the inspectors. And then we send
back anything above and beyond that to the engineer, unless it's
what they call a simultaneous review. A lot of times they are in
for the building permit at the same time they are in for an SDP,
because it speeds up the process a little.
Then we have to send two copies down to the other end of
the building so that they can compare those copies with the
copies that they've been reviewing for the building permit, just in
case there's a difference there. And then the project's
technically approved.
At that point they can go out, and the new rule on
commercial and industrial, it used to be until January 25th for
environmental reasons we let you clear for all the infrastructure
but not for the building pad itself. As of January 25th for
commercial and industrial, you can clear for the building pad
when you get your SDP approval. Meaning you can clear the
Page 18
February 24, 2000
whole site. You can't do that for residential.
The other people we have in our department, we have Bill
Spencer who does all the right-of-way work. If you want to -- you
all know that the pavement is not the road. The road is the
pavement plus the shoulders on both sides. Usually you've got
24 feet of pavement in a 60-foot road, or for four-lane roads you
might have 150, 120 foot of right-of-way.
If you want to work -- that right-of-way belongs to the
county. If you want to work in the right-of-way, you're building a
house in Golden Gate Estates, well, you can run your driveway
right up to the right-of-way. It's on your own property. No
problem, once you get a permit. But to work in our right-of-way,
you need a right-of-way permit.
Bill handles all the right-of-way permits in Collier County.
Once a week he goes out and usually he grabs one of other guys.
It used to be him and Wes Hill, who did the utilities review,
would go out solely -- they'd go out once a week and they'd shoot
the grades, because the hard part of allowing for right-of-way
permit is making sure that the road drainage keeps functioning.
So they shoot the grades on both side and tell the people what
size culverts to use and where to put them.
On the larger projects, the engineers will have designed all
that before Bill goes out. It makes his job a little easier. And he
just issues them the permit.
Shirley Nix works in our department.
When a subdivision is completed, the utilities in many cases
get turned over to the county. Shirley is the one that's charged
with all the utility turnover paperwork.
At the end of a project, you'll see a lot of times the
certificates of occupancy are put on hold because the utilities
haven't been properly accepted.
There's a very convoluted -- naturally, since we're the
government -- procedure for this. You have -- you have to
disinfect the lines. The lines -- this is for potable water. The
lines -- the disinfection letter has to go up to DEP who then
writes a letter allowing you to use the pipe to tie in, and it has to
be done within 30 days or else the bacteriological tests are
Page 19
February 24, 2000
deemed to be too old.
We have our own inspectors that go out there and have to
issue all these letters. And then there's a barrage of legal
documents that accompanies this all. Shirley has a checklist I'd~
say probably about 30 items long. Not always do all the items
apply to every job.
As the individual pieces comes in, she crosses it off the
checklist. We try to tell people to submit everything all at once,
but we usually get it one and two items at a time. So she has all
these files on her desk that are partially complete, and it gives
her something to do all day long.
Then we have a whole -- we have a surveyor, but he recently
resigned and we're trying to find another one. He's the one that
reviews the survey portions of the plats that get submitted, the
maps of the subdivisions.
Then we have a whole inspection staff under Don Nobles.
We have a couple of well inspectors. If you want to drill a
potable water well or a well in Collier County, you have to get a
permit. They go out and do the inspection, make sure the well is
drilled properly. If you want to abandon a well, they make sure
you abandon it properly.
We have inspectors that strictly look at the subdivision
improvements, and we have other inspectors that look at all the
houses that are being built, the drainage. We field a lot of
complaints. We spend a lot of time on the telephone.
That just about sums up what we do for a living. If you have
any questions, I'm sure you probably will.
MS. DUSEK: I have a question.
MR. CHRZANOWSKI: Yes.
MS. DUSEK: I thought I understood Susan to say earlier that
you get the SDP, then you apply for your building permits. And
then I believe you made a comment that you can do it
simultaneously?
MR. CHRZANOWSKI: Yes. We don't like it, but you can.
MS. DUSEK: But they can?
MR. CHRZANOWSKI: It makes it a little more complex. And
I'm not -- I guess it saves you the time that it would take if you
Page 20
February 24, 2000
waited to do them consecutively. But you wait a little at the end
because then we have to compare both the sets of drawings and
send them out to Bill Spencer, who does our review, to make
sure that the building drawings match our drawings. And then a
planner who does the same review and an architect on the other
end of the building who has looked at the building plans and done
the same review, and they do theirs consecutively. So they're
signed off on the same set of drawings. So that takes a couple
of days. But it does save you some time, yes. Was I that clear or was I that fast?
CHAIRMAN FLEGAL: You're that good, so see?
MS. ARNOLD: Thank you, Stan.
MR. CHRZANOWSKI: You're welcome.
MS. BURGESON: Good morning. For the record, my name is
Barbara Burgeson, with current planning. Just hand out a sheet
here.
What I've handed out is an example -- actually, this is
exactly what the two environmental specialists in 1998 working
for current planning did that year.
We put this list together as an ability to substantiate the
fact that we needed to hire another person. At the time we were
anywhere from three to four or five weeks behind on most of the
projects that we were doing.
The list includes 1,001 individual projects that were
permitted during that year by Steve and I. The majority of these
are incorporated into other reviews. The first item that's listed,
site development plans, new and amendments, encompassed
more than half of those reviews.
Underneath that, preliminary subdivision plats, plans, PUD's,
rezones, conditional uses, DRI's, boat dock extensions and site
improvement plans are all incorporated into a function of other
reviews. For instance, when Susan gets a rezone for review or a
PUD or a site development plan, those are distributed out. The
environmental staff incorporates their review and response back
to the planner who's working on that as the overseer of the
project.
The next eight -- actually, the remaining nine on that list are
Page 21
February 24, 2000
freestanding environmental reviews that at this point we do have
a third person working with us, so there are three environmental
specialists doing those freestanding reviews.
The majority of those are types of clearing permits,
agricultural clearing, exotic vegetation removal permits, clearing
permits, regular vegetation removal permits. I imagine that you
have those that come in front of the board in terms of violations
of clearing permits.
Each of those type of permits take us approximately 10 days
to review and respond to the petitioner. Agricultural clearing
permits can take longer, because we have to make sure that
they have their state surface water and consumptive use permits
before we issue the agricultural clearing permits. So depending
on how long that process takes with the state probably adds a
few weeks to issuing that agricultural clearing permit.
The coastal construction setback lines, variances and
permits. Variances, because they go in front of the Board of
County Commissioners, have to get advertisement time, and the
County Attorney's Office reviews those for consistency. Those
take approximately six to eight weeks, if everything is submitted
and staff doesn't have to turn that around and put it on hold.
The remainder of those items below that are all
administrative and fairly quick. Within five to 10 days, you
should be able to have those permits issues.
MS. TAYLOR: Excuse me, what is a sea turtle permit?
MS. BURGESON: We have two. One is construction within a
sea turtle nesting area. So during sea turtle nesting season, if
somebody wants to do construction within 100 feet of an active
nest, they have to apply for a special permit for that.
And the second one underneath that is sea turtle handling
permit. And you have to have a sea turtle handling permit if
you're going to be relocating or working with any of the nests.
That goes through our department.
You were also talking about being interested in the costs.
We have a resolution -- I'm not sure if you have a copy of it, but
there's a resolution out that addresses all the schedule of fees.
Just as an example -- just an example, this shows you the sea
Page 22
February 24, 2000
turtle permit fees, the vegetation removal permit fees.
We also have recently instituted an after-the-fact fee for
people that have done the clearing prior to obtaining the permit.
And that's on CCSL variance petitions. It's two times the normal
fee. The reason it's that is because that variance is our most
costly variance, $1,000. Two times that we figured was
substantially enough.
On all other environmental and landscaping permits and
inspections, the after-the-fact fee is four times the normal fee.
If you want, we can get you a copy of this. I'm not sure if
they have that.
MS. ARNOLD: Uh-uh.
MS. DUSEK: So what you're saying is if someone goes
ahead and clears property without permitting it properly, then
when they do file for their permits, it's going to cost them twice
as much or four times as much?
MS. BURGESON: Right. Just to submit for the permit. That
doesn't mean that there may not be additional mitigation that
they have to do, but the code enforcement department takes
care of that.
For instance, if it were something that on a site
development plan that we would clearly have allowed them to
clear at the later stage in the process, it may be that we would
just institute that after-the-fact clearing permit fee and not
require them to do any additional mitigation.
This book that I have right here has copies of all the
environmental sections of the Land Development Code. It
includes the Environmental Impact Statement section, protected
vegetation, protected species sections, the coastal construction,
and the Environmental Advisory Council ordinance. Anything
else that the environmental staff might need to use to review any
of the project petitions that come in to us on a daily basis.
We provide these to the members, the nine members of the
Environmental Advisory Council when they join. If anybody here
would like to have copies of these books, we can make them
available, or if you want to make one available for the board that
they can keep here as reference, I'd be happy to do that for you.
Page 23
February 24, 2000
The only other thing that I'd like to address in detail is the
Environmental Advisory Council. We take all projects to the
Environmental Advisory Council that by their ordinance required
an Environmental Impact Statement to be provided, that have
either a special treatment overlay, have the requirement to be a
development of regional impact, or -- or if there's a time when the
developer and staff can't come to an agreement on a project,
then it can be brought in front of the Environmental Advisory
Council as a means of kind of negotiating through that
disagreement.
We are coming up on -- May 1st will be our one-year
anniversary for joining the two old boards, which was the
Environmental Advisory Council and EPTAB, which was the
advisory or the environmental technical and professional
advisory board, which provided background information to the
old Environmental Advisory Board. We've combined both of
those and this is -- we're coming up on one year for those two old
boards functioning as one.
Most of the projects that go in front of that board, they're
brought there on a monthly basis, the first Wednesday of each
month. Most of those go through with a staff report, with
recommendations for stipulations attached to those reviews.
Discussions lately have been a little bit more in-depth than we've
seen over the years. And we've had some input that's now
leading to some changes in the Land Development Code.
I don't know if there's anything else that you had specific
questions on you wanted to ask me.
MR. PONTE: Barbara, this may be not the right place, but it
sounds like you're in the area. We had a case that took many,
many, many months and it involved the environment and the
effect that was being caused by a fellow moving his house. And
mitigation then came into the conversation. He was going to
mitigate the land. It took a year and a half, and it seemed that
nothing was happening. Could you give us a realistic time frame
on some of these cases that might come up that would involve
environment? I mean, it -- it takes forever.
MS. ARNOLD: I think in that particular case it involved the
Page 24
February 24, 2000
state acquiring or accepting 'acquisition, land acquisition. So it
didn't -- that didn't involve county's review at all. That was -- it
was the state. It was another agency. And we have no control
over how long they take to review things that are accepted to
them.
MS. BURGESON: The type of things that can slow down
environmental reviews are typically not something that we have
immediate ability to get involved with. For instance, if there's
wetlands on-site or protected species, they are required to get
this, either the South Florida Water Management District, ERP,
which is the environmental resource, or the Department of
Environmental Protection permits, and often the Army Corps of
Engineers wetland permits as well.
Prior to our issuing the final site development plan approval,
that's a requirement of the Land Development Code, that all
other permits have to be submitted to us prior to our releasing
the site development plan.
The reason for that being that if we allow site development
plans to be approved before we know what the state 'and federal
agencies may want, often the site development plans are
inaccurate and have to come back to us and be re-reviewed.
Sometimes people get -- take a jump once they get the SDP's and
start clearing, and then they've got state and federal violations.
So since at least 1989 we've required that all other permits
be in-house before we release any final development orders. So
it's usually other agencies that have those long time frames, and
sometimes they can be six months, 12 months, 18 months.
CHAIRMAN FLEGAL: As a general rule of thumb for just your
section for environmental review, time period? Ten days,
roughly, five days?
MS. BURGESON: Again, it depends on if it's a regular review
for, say, a site development plan, hopefully within 10 days. If
we're back logged, it can be a week, two weeks, three weeks
late. If it's one of the freestanding permits, we try to get all of
those out within 10 days, with the exception of the variances,
because of the additional review needed by the County
Attorney's Office and the advertising. That's closer to an
Page 25
February 24, 2000
eight-week process.
CHAIRMAN FLEGAL: Thank you.
MS. BURGESON: Questions?
MS. GEBHARDT: Good morning. I'm Johnnie Gebhardt. I'm
the customer service supervisor in the building review and
permitting department. And since I don't make any pretensions
of knowing everything that my staff does, I brought one of my
most experienced customer service agents, this is Steve
Fontaine, so that if you have any procedural questions, hopefully
Steve can answer them.
I'd like to give you just a brief overview. And in response to
a question that you asked earlier about the SDP and
simultaneous submittal, before I forget that, they're only allowed
to submit one building permit application simultaneous.
Basically construction that costs up to $750 does not
require a building permit, unless -- and of course there's always
an unless -- there are structural components involved or it's a fire
rated assembly. Those things do need a permit.
$750 up, unless it's a concrete slab, which has no structure
on the top of it or a driveway, which there's nothing for us to
inspect, even if it does cost over $750, unless it's connecting to
the road; in which case you have to have the right-of-way permit
and then you do have to have, you know, a permit for that.
An owner/builder can do any work on his own home, as long
as it's his principal place of residence. He can use his friends to
help him, if he wants to, as long as he doesn't pay them. If he's
paying someone, he has to ensure that they're a licensed
contractor. If it's a home that he rents out or if it's a duplex or
any property that's rental property, he must hire a licensed
general contractor. He cannot do the work himself, even if he
owns it.
MS. DUSEK: Question. When you say friends can help, if
they wanted to do plumbing or electrical, don't they have to be
licensed?
MS. GEBHARDT: It's his responsibility. It's the owner's
responsibility. When he signs up for that owner/builder permit,
he makes himself liable. He makes himself responsible to make
Page 26
February 24, 2000
sure that everything is built to code. He is saying in his
application that he knows what the rules and regulations and
codes are, and that he will follow them. And also that he will get
any other applicable permits that are necessary.
So that if he needs something from, say, South Florida Water
Management District or something from planning services, he
knows he's got to get it. He's saying that he knows what the
rules are, and he's going to follow them.
MS. DUSEK: After he completes his work, is it inspected?
MS. GEBHARDT: Oh, yes, ma'am. Absolutely. He has to call
in his inspections just like a licensed general contractor does.
They're inspected just like anybody else's work is, to make sure
that they meet code.
MR. PONTE: Johnnie, just as a point of clarification, you
mentioned you don't need a building permit if the construction of
a building costs less than $750; is that correct? MS. GEBHARDT: Uh-huh.
MR. PONTE: Do you remember the tree house?
MS. GEBHARDT: Yes, I do, very well.
MR. PONTE: Can you explain anything about that tree house
to me? I -- you know, it couldn't have cost them $150. And I
thought one of the things that came up was it didn't have a
construction permit.
MS. GEBHARDT: And it was. And I don't know what the
cost of that tree house was. I think one of the issues there was
that it was built in a setback too close to the neighbor's
property. It also was an elevated deck with a house built on it.
And there's a requirement that any elevated deck has to be
engineered if it has construction --
MR. PONTE: Whether it cost him $150 or not.
MS. GEBHARDT: Well, they also had wiring in there, I think,
if I remember correctly.
MS. ARNOLD: Right.
MS. GEBHARDT: They had some electrical wiring, an air
conditioner, and I think some other things in there.
MS. ARNOLD: And the 750 does not apply to electrical. Isn't
that correct? If you have electrical --
Page 27
February 24, 2000
MS. GEBHARDT: Well, if it's very, very minor and it's --
MS. ARNOLD: I thought there was another fee, another
amount. Right, it's a different amount for electrical. MS. GEBHARDT: Oh, right, right.
CHAIRMAN FLEGAL: When you say an owner/builder, what
are we -- I'm thinking of a case we just went through. People
don't come to get a permit, okay? In other words, their
interpretation is gee, it's my home, and if I do it and it's under
$750, I can pretty much do what I want. Is that a true
statement?
MS. GEBHARDT: If it's their primary place of residence --
CHAIRMAN FLEGAL: Okay.
MS. GEBHARDT: -- and it's less than $750.
CHAIRMAN FLEGAL: So if I want to run -- and it's not going
to cost me much if I want to put in a new toilet and connect the
plumbing up myself and I can buy the materials and do the work
myself and spend less than $750, and I don't come to you to get
a permit, am I in violation of something?
MS. GEBHARDT: Steve was just pointing out, it's based on a
contractor's estimate. So if the contractor would estimate that
it would cost more than $750, then technically yes, you'd have to
have a permit.
CHAIRMAN FLEGAL: Okay. And this statement where you
say up to 750 -- and I don't know what that comes out of, having
not seen the document. Does it say $750 based on a contractor
estimate, or is it misleading?
MS. GEBHARDT: Probably not. That's out of the
Administrative Code, I think. I don't know that it says based on
the contractor's estimate.
Do you know? I don't think it does.
MR. LEHMANN: Mr. Chairman, if I remember the code
ordinance correct, it is very misleading. It just says $750.
CHAIRMAN FLEGAL: That's my point.
MS. GEBHARDT: Yeah, I think that's--
CHAIRMAN FLEGAL: I feel very badly that people get caught
up in something when we have something that may not be
written where they understand. Because to me, if it's up to 750
Page 28
February 24, 2000
and I do it, and I went out and I bought a toilet and I bought the
plumbing supplies and I did the work and I spent 300 bucks, and
then some contractor says no, that's a $1,500 item, why? I only
spent $300. And now you're telling me oh, but we interpret that.
See, that's very misleading to the public. And they're the
ones that come before us, and we in turn not really punish them,
but because they violated something, they have been misled.
And that's why we're trying to understand what's going on. If
this is a particular case, then my recommendation would be that
the county needs to get a little more specific so that we don't
mislead the public.
I don't want to see them here and have to slap their hands
for doing something wrong when they were misled. And this is a
good example. Because I could sure put in a toilet a whole lot
less than a contractor.
MS. GEBHARDT: Yeah, I'm sure you could.
CHAIRMAN FLEGAL: I mean, it's not that big a deal.
MR. LEHMANN: And in review of cases such as what our
Chairman had pointed out, this board has to look at the sheer
fact of the ordinance, what does it say. And oftentimes we're led
into deliberations, and very time-consuming deliberations
sometimes, based on what happens there. So our Chairman's
point is very well taken.
MS. GEBHARDT: And I will be happy to check that. But
truly, I do not think it says --
CHAIRMAN FLEGAL: If it's in an instance like that, and
unfortunately this happens to be one you spoke of, I think if
there's a way to correct that, that the county sure should look at
it. It would be a big help, not only to the public, but for us in
trying to maintain, you know, control over the ordinances and
see that everybody is in compliance. MS. GEBHARDT: Right.
CHAIRMAN FLEGAL: You know, you don't want to do
something to somebody when, you know, in essence you've kind
of misled them down the path. You feel bad about doing that.
And we need not to do that. We have a lot of real good residents
here.
Page 2 9
February 24, 2000
And I'm thinking of what people have said when they've
come before us, "but it says that," you know. MS. GEBHARDT: Right.
CHAIRMAN FLEGAL: "1 didn't need this approval." Well,
that's true in the words. But if somebody's interpreting another
way, we need them to understand that, you know.
MS. GEBHARDT: Our general advice to anyone is if you have
a question on whether you need a permit or not, call us and ask,
because as I said earlier, when we say $750, we're also saying
unless there are structural components involved. For instance,
you may be able to move a wall and it costs less than $750. But
that wall may be crucial to the integrity of the house.
So, you know, we advise everyone, if you've got a question,
come show us what you're going to do and we'll tell you whether
or not you need a permit for it. Many times they don't.
CHAIRMAN FLEGAL: Yeah, I think you'll find the average
citizen, if they read a sentence that says up to 750, or somebody
has told them, they're probably not going to come and ask you.
They're going to say gee, if I go to Home Depot and buy this and
this and this --
MS. GEBHARDT: Sure. I know can do it for less than $750.
CHAIRMAN FLEGAL: -- and I spend $400 to buy the stuff and
I do the work, hey, it's less than $750. They feel comfortable in
that.
So I'm looking for a way to get the public more knowledge. I
think it will help them and keep them from becoming a person
who has to come before us. If there's a way to do that --
MS. GEBHARDT: And if that is not spelled out in the
ordinance, I will see that it's done in the next --
CHAIRMAN FLEGAL: Right, by changing some words. I
think that's in the county's interest, so to speak.
MS. GEBHARDT: I would agree with you.
CHAIRMAN FLEGAL: Thank you.
MR. PHILLIPS: I have a question. That $750, though, that's
comprised of both labor and materials?
MS. GEBHARDT: Yes, that's the entire cost of the project.
MR. LEHMANN: And Johnnie, in endeavoring to help our
Page 30
February 24, 2000
Clients with our firm, I've called the county myself on this
particular issue, and the personnel that I've talked to -- and it's a
number of personnel that I've talked to within your department .-
have never been able to give me an answer on what this $750 is.
Is it a contractor, is it materials only when I do it myself? Or
whatever.
So the information coming out of your department, at least
in my experience, has been very confusing. So anything you can
do to clarify that just helps us, because we have to go by the
word of the order, in essence. And our--
MS. GEBHARDT: And we can do that.
MR. LEHMANN: -- our abilities are somewhat limited in some
areas.
MS. GEBHARDT: And I apologize that you get, you know,
conflicting information. Unfortunately we have a pretty big
turnover, and--
MR. LEHMANN: I'm sure.
MS. GEBHARDT: -- these guys have to learn so much, which
is the reason I brought Steve along. I haven't been there long
enough to know all these rules and regulations myself. So, you
know, they have to learn so much. And being relatively new at
the game, many of them don't know.
You know, so you're right, to spell it out for them would
certainly be helpful, I'm sure. And thank you for the suggestion,
we'll do that.
MR. LEHMANN: Well, I appreciate that.
MS. GEBHARDT: Commercial projects. All commercial,
multi-family projects have to be signed and sealed by a design
professional, architect, whatever.
I think I'll let Steve just run through basically some of the
things that we're looking for when we take a permit in. The life
of a permit, a typical long-form permit, which is for general
construction of a house or condo, or whatever, is 18 months.
The life of an express permit is six months.
MS. DUSEK: I'm sorry, would you repeat that again?
MS. GEBHARDT: The lifetime of a typical long-form permit,
which is what you would pull for a house or a condo or a
Page 31
February 24, 2000
multi-family, is 18 months, as long as you have a passing
inspection every six months. The life of an express permit is six
months.
You're entitled to two extensions of 90 days each on a
long-form permit. There is a cost; I believe it's 10 percent of the
permit fee. There again, you have to have passing inspections in
order to get the permit extension. Any expenses after those two
90-day extensions have to come before the Board of County
Commissioners, who can grant whatever time frame they wish to
grant.
Typically, if they grant that extension, they will ask for a
time frame, a construction schedule or something to tell them,
you know, I'm going to be through within six more months, and
then they'll grant the extension. There again, there's a charge
for that also.
Steve, if you want to just run through some of the basic
things that you guys look for.
MS. ARNOLD: Can I ask also that you provide for the board
what would qualify for an express permit versus a long-form
permit?
MR. FONTAINE: Any express permit would be a fence, a
shed --
THE COURT REPORTER: Excuse me, your name?
MR. FONTAINE: Steve Fontaine.
A fence permit, a shed, a reroof, air conditioner change-out.
Relatively simple one-trade jobs.
And we have a special form that's just a one-page form that
lists all these different types of activities that you can do on the
express form permit.
When you come to me for a permit, I'm going to be looking
for, number one, a completed building permit application, be it
long-form or express, depending on the work that you're trying to
do.
If it's commercial or multi-family, I'm going to be looking for
two copies of the stamped approved site development plan from
planning services, showing this building on the site development
plan.
Page 32
February 24, 2000
Commercial, multi-family requires four sets of signed and
sealed plans; whereas, a single family, if it's on county utilities,
only requires two sets of plans. And three if it has a septic
system for the Health Department review.
Currently each -- with the exception of Golden Gate Estates,
each single-family permit package requires a copy of the county
site drainage form for stormwater -- stormwater -- what do they
call that?
MS. GEBHARDT: Site drainage plan.
MR. FONTAINE: So that each lot takes care of its own
stormwater runoff. And it's a form that we have in the
department that it's just showing how they plan to take care of
the stormwater runoff.
We also require energy calculations for insulation and air
conditioning. And that's all involved, usually done by an AC
mechanic. The truss layout for each set of plans. We require
one sealed vacant land survey on new construction, and an
existing survey, if you're doing an existing or doing an out
building.
And then we also take care of the concurrency information
at the time of application, and there's a $35 application fee for
that that's nonrefundable.
If per chance whoever is applying for the permit is, say, an
owner/builder, has signed the application as a contractor, if
they're not going to come in to actually pick up the permit, they
need to authorize an agent to do it for them, and that
authorization has to have their signature notarized. That would
be required at the time of application, if it's applicable.
The septic engineering, if it involves a septic system, has to
have all of the paperwork involved with the septic system, the
perk test, the drain field design, and Xerox copy of the boundary
surveys.
And if the -- if it's a commercial building and it's required to
have a fire sprinkler system, the commercial plan review
department requires that a set of that plan for the fire sprinklers
be included in the package.
Any right-of-way permits that are required, we take care of
Page 33
February 24, 2000
at the front counter at application time.
If it's an owner/builder, there is an affidavit that they have to
sign as part of the application, and they also need to bring proof
of ownership, either property deed or a paid tax bill.
And then there's a lot of detail on the plans, depending on
what it is. The more involved the project, naturally, the more
requirements on the plan. A typical single-family home just
needs the two sets of plans showing the various details for the
plan reviewer.
And the express permits, typical fence permit, I need
basically the express permit application and two copies of the
site plan showing me where you're going to put the fence and
how tall it's going to be, and a general description of what type
of a fence it's going to be, a stockade fence or --
MS. DUSEK: I have a question at that point. When you ask
for that particular site drawing, can I, as a lay person, do that, or
do you have to have an engineer or somebody professional?
MR. FONTAINE: No. On simpler projects like a --
MS. DUSEK: On simple projects.
MR. FONTAINE: -- fence or a shed, you can draw the site
plan. It is supposed to be drawn to scale that we can follow;
either a quarter inch equals a foot or whatever you might -- one
inch equals 10 feet. But you need to state that on your plan so
that we can see it.
And on a fence permit, we're not as particular because you
cannot put your fence on his property, on your neighbor's
property. We have to ensure that you do know where your
property line is. And you can put your fence post right up to the
property line with the finished side of the fence facing your
neighbor, which we also state to the applicants.
Shed permit? On a shed permit, basically, it depends on
whether you're going to build a frame shed from the ground up or
you're going to go to Home Depot and buy a kit or a pre-made
shed.
A pre-made shed, basically it's a tie-down permit. That
shed, since Hurricane Andrew, has to be anchored so it won't
just blow around in the wind. There we would need two copies
Page 34
February 24, 2000
of site plans showing us where it's going to go on the property
and the details from wherever you're planning it. They usually
have specifications stating that this shed is guaranteed for 110
mile an hour wind loads so it won't just blow apart.
Now, if you're building it from the ground up, it's just like a
house, we want to see all the construction details and two
copies of the plans.
CHAIRMAN FLEGAL: On setback requirements on your
properties, when you say it's a shed or you're building an
unattached garage or something, must you still maintain normal
setbacks?
MR. FONTAINE: For the type of structure, yes.
CHAIRMAN FLEGAL: Okay.
MR. FONTAINE: And a minimum of 10 feet between
structures for an accessory structure. A guest house, you have
to have a minimum of 20 feet between that and the main house.
But it still has to maintain all the other setbacks also.
CHAIRMAN FLEGAL: Thank you.
MS. SAUNDERS: Do painting and landscaping require
permits?
MR. FONTAINE: No.
MS. SAUNDERS: Exterior painting.
MR. FONTAINE: Landscaping might require a permit on
commercial jobs, but not on single family.
Painting, tiling, carpeting are all considered cosmetic and
not involved in the permitting process.
MS. SAUNDERS: And a driveway would require it only
because it was attached --
MR. FONTAINE: If it's in a county right-of-way.
MS. SAUNDERS: Yeah.
MR. FONTAINE: But there's no structure really to review.
MR. LEHMANN: What about stucco?
MS. GEBHARDT: I'm sorry?
MR. LEHMANN: What about stucco?
MR. FONTAINE: There are requirements for stucco. So if
you're going to other than just repair stucco, if you're going to
stucco an entire house versus vinyl siding, it would require a
Page 35
February 24, 2000
permit, because there is an inspection required, because there
are specifics on how thick that stucco has to be.
MR. LEHMANN: You actually do stucco inspections?
MS. GEBHARDT: I think they're probably just final building
inspections.
MR. FONTAINE: Part of the final building inspection on a
new house, because very rarely do we have people come in to
re-side with stucco. They usually re-side with vinyl or aluminum.
They find it's less expensive.
MS. GEBHARDT: Once the permit applications are in and
have gone through the customer service agent, who verifies the
setbacks, notifies the applicant what those setbacks are, if the
zoning allows what they're doing, then they go to plan review.
If it's a commercial project, it goes back to the commercial
plans reviewers. We have structural, electrical, plumbing,
mechanical and fire. And it must go through each one of those
plan reviewers.
Typical turnaround time, if there are no problems, are 12 to
15 days. If there are problems -- and we have had them take as
many as six to eight months to get through. If they identify
things that need to be corrected, a letter is sent to the architect
or engineer, whoever the contact person is, with the list of
corrections that need to be made. They make those corrections,
bring them back in, and they're reviewed again to make sure that
they have done what they were supposed to do.
As I said, if there are no problems, it's 12 to 15 days. If
there are things that need to be corrected, depending on how
fast they could get the corrections in, it could take whatever
length of time it takes them to get the designs back in.
MR. LEHMANN: Johnnie, would you inform the board as to
when an architect or an engineer would not be required on a
building permit?
MS. GEBHARDT: Only if it's a single-family home. Any --
MR. LEHMANN: Single-family? Maybe a duplex?
MS. GEBHARDT: -- commercial or multi-family --
THE COURT REPORTER: I'm sorry, would you repeat your
response?
Page 36
February 24, 2000
MS. GEBHARDT: Only on a single-family home. Any
commercial or multi-family requires a signed sealed drawing by a
design professional.
MR. LEHMANN: What about a duplex?
MS. GEBHARDT: I'm sorry, single-family under 5,000 square
feet. Anything over 5,000 square feet on single-family has to be --
MR. LEHMANN: So a respondent could almost be an
owner/builder and go through and put his own plans together for
a large garage, shed or something of that nature? And go
through the --
MS. GEBHARDT: On his own personal?
MR. LEHMANN: And do it on a lay person's basis, in
essence, right?
MS. GEBHARDT: He can actually draw the plans up himself
and submit them, absolutely. And they do, frequently. Single --
MR. PONTE: And what would you -- excuse me.
MS. GEBHARDT: Single-family permits, we usually have
those out -- depending on what's involved, if it's a single-family
house, they're usually out in three to five days. If it's something
smaller than that, then it could be out the same day or the next
day.
MR. PONTE: My question has to do with time frame. What
would you suggest the time frame is for the completion of one of
these one-page express permits? I mean, is that --
MS. GEBHARDT: Instant.
MR. PONTE: Instant.
MS. GEBHARDT: It takes longer for the people to sit there
and wait to get waited on than it does for the permit to be
issued, as a rule.
MR. PONTE: Great. Thank you.
MS. GEBHARDT: Anything else?
CHAIRMAN FLEGAL: Any other questions? Thank you.
MS. GEBHARDT: Thanks.
CHAIRMAN FLEGAL: Michelle, what time did you set for the
-- I see some people coming in.
MS. ARNOLD: Yeah, I was just going to --
CHAIRMAN FLEGAL: Did you set 10:007
Page 37
February 24, 2000
MS. ARNOLD: 10:00 was the time that we set for the public
hearing, so if we can -- and we -- if we go over the approval of the
agenda, we have just one public hearing for today. So if you
want to postpone the rest of the workshop until after that public
hearing?
CHAIRMAN FLEGAL: I was going to say, if nobody objects,
since the people are here, rather than make them sit through
something, if Jean doesn't mind, when we get toward the end,
would you mind we go through your little -- MS. TAYLOR: Thank you all.
CHAIRMAN FLEGAL: Thank you very much.
MS. TAYLOR: Thank you very much.
MS. RAWSON: I don't mind at all. I need to leave at 11:30,
because I have to give a speech at a luncheon. But if this isn't
going to last very long, that's not a problem.
CHAIRMAN FLEGAL: That's fine. If for some unforeseen
reason it continues, then we'll prevail on you some other time, if
you don't mind, so we can --
MS. RAWSON: That's fine.
CHAIRMAN FLEGAL: -- get the public on.
MS. RAWSON: I'm here every month.
CHAIRMAN FLEGAL: Okay. Let's take a quick two-minute
break and give our reporter a little chance.
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair at 10:00 a.m.
COLLIER COUNTY CODE ENFORCEMENT BOARD
CLIFFORD FLEGAL, CHAIRMAN
Page 38
February 24, 2000
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY
PUBLIC
Page 39