BCC Minutes 09/20/2005 W (PUD Workshop #5)
September 20, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS'
PUD AUDIT WORKSHOP GROUP #5
Naples, Florida, September 20, 2005
LET IT BE REMEMBERED, that the Collier County Board of County
Commissioners PUD Audit Workshop Group #5 in and for the County of
Collier, having conducted business herein, met on this date at AM in
REGULAR SESSION in Building "F of the Government Complex, East
Naples, Florida, with the following members present:
CHAIRMAN: Commissioner Fred Coyle
Commissioner Frank Halas
Commissioner Tom Henning
Commissioner Donna Fiala
Commissioner James Coletta
ALSO PRESENT: Jim Mudd - County Manager
Joe Schmidt - Administrator CDES
Maryann Devanas - CDES
Patrick White - Assistant County Attorney
Stan Chrzanowski - CDES
Nick Casalanguida - Transportation
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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WORKSHOP AGENDA
PUD AUDIT #5
September 20, 2005
9:00 a.m.
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED, REQUIRES
THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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September 20, 2005
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
Agenda for PUD Audit Workshop - Group #5
1. Review PUD Monitoring Requirements
2. Selection Criterion for Audit Group
3. Audit Report
4. Monitoring Advancements
5. Comments
6. Adjourn
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September 20, 2005
September 20, 2005
The workshop was called to order by Commission Chairman Fred Coyle at 9:00
AM. Pledge of Allegiance was recited.
The Workshop is a continuation of the Planned Unit Development Audit #5. Joe Schmidt
was introduced in which Maryann Devanas, Senior Planner in Zoning & Land
Development Review, was introduced as the facilitator with a presentation.
Covers the following: Review PUD Monitoring Requirements
Selection Criterion for Audit Group
Audit Report
Monitoring Advancements
Monitoring Requirements
· Legal responsibilities in State Statutes & County Land Development Code
· DRI's (Developments of Regional Impacts) 36 recorded DRI's -local
governments responsible for monitoring and enforcing. (Monitoring 24)
· Assists the State by providing guidelines, notify of reporting requirements and
tract the development orders.
· 345 PUD's - ensure and verify development commitments are fulfilled
· Requirements have been amended by the Transportation Division on June 8,
2005 and pertain to the traffic counts in allowing a payment in lieu enabling the
MR submitter to pay the County in an amount equal to the cost to conduct the
required traffic counts. Funds used by the County for traffic counts.
(Nick Casalanguida explained further clarification on the requirement)
Selection Criterion for Audit Group
· In the past has been random geographic sampling
· Now it is based on LASIP (Lely Area Stormwater Improvement Project) area and
SFWMD findings.
· Easements provided
· Partnered with SFWMD to ensure easements were secured
· 47 out of 49 needed final certification
Steve Nagel- SFLWMD - regulatory professional- was introduced and gave a few
remarks. Discussed the permits needing certification. Discussed the maintenance
and enforcement. Gave findings for Collier County - 50% response. A vision was
given - education - enabling citizens to regulate and enforce permit conditions.
There is expert assistance in evaluating private stormwater systems. They have
public access to permit records. He recognized Maryann and her group working
closely together with SFL WMD.
Audit (Findings) Report
. Inspection findings presented
o 50 PUD's per year
o Map overlay was shown of all the PUD's
o 145 inspected of the present 345 PUD'S
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September 20, 2005
o 9 in full compliance - 21 substantial compliance - 16 can be brought into
compliance and 3 are out of compliance
Commissioner Fiala asked about exotics spreading. Exotics would be a Code
Enforcement issue and the developments should have a maintenance program for the
Development.
Monitoring Advancements - Expanded Focus
· Continuing outreach program
· POAP held on March 32, 2005
· 2nd Educational Program completed
· Pre and Post Turnover Assistance
· Distributed a DVD on Exotic Plants - a short presentation on the overhead was
given - Commissioner Coletta suggested this be put on the Public TV Channel
and in the Library as well
· Educational Program - Submitted for Awards - acknowledged by Council for
Sustainable Florida for a promising practice and was very impressed.
· The Monitoring Activities have advanced - recognized Kellie Carroll and Claudia
Futrovic as assisting with staffing and different issues within the program
· Commitment Tracking - addressing 4 phases - they have been developed and
were addressed
· Will automate the PUD tracking
Commissioner Halas appreciated the time and effort Community Development has put
into the program and has addressed many questions and concerns in all the PUD's. This
will alleviate many problems.
SPEAKERS
Lisa McClenaghan - Wilshire Lakes - Thanked everyone Mr. Schmidt and Maryann for
their help thus far. Suggested a check list the owners could use to follow the process.
Felt they had done their homework on the Documents but found there were other issues
with the development process they were unaware of. One is the Performance
Construction Maintenance Agreement which is part of the Bond process. They have
asked the County on the status of that Bond. The County Attorneys office stated they are
inconclusive and cannot identify whether the County holds the Bonds or not. The
residents do not want to be held responsible and will await an answer.
County Manager Mudd mentioned at final acceptance during the development phase
the Bond will generally be released with the County doing their final inspection and the
project is completed. (110%)
Stan Chrzanowski - explained the process of holding a Performance Bond and releasing
it. When the improvements are completed, they have a preliminary inspection and will
then release 100% and maintain the 10% for a one year Maintenance Bond. Then the
10% is released with an automatic rollover. He explained further that if they are not
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September 20,2005
released they should roll over from year to year. They have had situations where the
Banks have released them without County approval. Maybe it should be a perpetual
Bond - but may also get resistance.
Commissioner Halas stated they need to protect the citizens.
Joe Schmidt stated he needed direction from the Board which will have a cost structure.
Further discussion took place concerning the Bond issue and developer responsibility.
The Homeowner is a civil matter rather than a staff issue. Mr. Schmidt's department can
create a program to do it - but need guidance from the Board.
Commissioner Henning was under the impression CDES had been authorized to assist
the citizens in turnover.
Mr. Schmidt responded it had been discussed but there had been no direction by the
Board. Some issues would not pertain to the County.
Commissioner Henning asked if they can assist in going through a checklist with them -
the answer was "yes". . . . . . . . . this will be put on a future Agenda for further direction.
Patrick White - Assistant County Attorney - stated there is some confusion of what
factually occurs and what may be legally appropriate for their office to review. He
discussed the performance securities such as bonds etc. which are the obligation of the
Developer in which his office reviews so they are legal to enter into. This is an
Administrative acceptance by the County to come before the Board. The releases are
secondary to Administrative process. Some end up inconclusive. When trying to track
down the monies for recovering and perform the task outstanding, it can be confusing of
where they have gone. Tracking is difficult - can be in escrow - but banks can be bought
by others and is then a complex situation. Some of it is the Homeowners Associations
obligation and responsibility. Turnover does not occur at 100% build out. (50-75% and
no longer held by developer)
Buyer Beware when entering into an agreement.
Commissioner Coyle expressed they need to help the Homeowners Association through
the turnover process. He agreed with Commissioner Henning so they can have a degree
of comfort in the process.
A lengthy discussion followed - CDES will come back to the Board with a program.
Patrick White stated it will not be a small undertaking. Private entities will have review
issues; and follow-up and a check list will take time.
Mr. Mudd suggested a transitional period of time.
Marisa Barmby - Southwest Florida Regional Planning Council- thanked staff for
their help and have brought the delinquents down by more than half. The 2005 DRI
update for the 6 County Region is available on their website.
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September 20, 2005
David Barry - President of Bridgewater Bay Property Owners - thanked Maryann for
her assistance in their walk-through and meetings for the last 2 years. She has
accomplished many things for their development.
Henri Meiller - Bridgewater Bay - he asked for help with a flooding problem of 27
homes in which the development is almost finished.
Robert Cicro - Cypress Woods Golf & Country Club - thanked Maryann for her help.
Just went through turnover. He discussed their Documents and what they state and the
issues they face. No control over the Developer to cure issues after turnover. Forced to
turnover according to State Statutes. Discussed an issue with FDOT and conservation.
Are in violation and asking what recourse they have. Would like something in writing
that they are not held in violation.
If after the fact, no violation.
LDC has flexibility and should probably be revised for more clarification. Patrick White
discussed the issue with their Documents and provisions stated concerning covenants and
restrictions.
Commissioner Coyle mentioned there are limits of where the County can go with some
of these issues. Everyone has an obligation to deal with their Contracts.
Steve Nellis - President Olde Cypress Homeowners Council- certain recreational
facilities are stated to be constructed in their PUD. Includes bike paths, nature trails and
parks.
Carol Wilsey - Advisor - Olde Cypress Homeowners - asked if there was a mechanism
documented for a point person/s for a more formal process for turnover. (A more formal
liaison) They had to turnover because of Statute - but did not want to.
They have an attorney and the County Attorney's office is aware of some of the larger
Issues.
Floyd Chapin - Sapphire Lakes President HOA - commended the Commission for
bringing attention to the public and Homeowners in helping everyone with their
obligations. Maryann has been the backbone and many would not be as knowledgeable
as they are today without her help. He acknowledged Jennifer Belpedio, Assistant
County Attorney for her help in the Bond issue. He suggested before the County releases
the money held in escrow to make sure the project is completed for sewer, water and
infrastructure. Stan Chrzanowski has also been helpful in the process. Twice a year isn't
enough to hold these Workshops. Much information is brought out at the meetings that
are very useful to many of the residents in Collier County. Continue to support Joe and
his people.
Joe Schmidt - they are assisting but have not received definitive guidance from the
Board to set-up a turn-over process. He will develop something and bring it back to the
Board.
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September 20, 2005
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Commissioner Henning stated they apparently are helping with the turn-over process.
But asked about pre-turn-over.
Joe Schmidt will again bring back additional information - there will be associated
costs. They also have to look at how far the County can get in providing service to the
private sector.
A cooperati ve effort will and is being made with the Community.
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 10:45 PM.
COLLIER COUNTY BCC PUD WORKSHOP
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Chairman, Commissioner Fred Coyle
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These minutes approved by the Board on
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or as corrected
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