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BCC Minutes 12/05/2006 W (PUD Workshop #7) December 5, 2006 TRANSCRIPT OF THE BOARD OF COUNTY COMMISSIONERS (PUD) WORKSHOP #7 Naples, Florida, December 5, 2006 LET IT BE REMEMBERED, that the Collier County Board of County Commissioners, having conducted business herein, met on this date at 9:00 AM in a WORKSHOP SESSION in Building "F" of the Government Complex, East Naples, Florida with the following members present: CHAIRMAN: Commissioner Frank Halas Commissioner Jim Coletta Commissioner Fred Coyle Commissioner Donna Fiala Commissioner Tom Henning ALSO PRESENT: James Mudd, County Manager Maryann Devanas, Senior Planner, Engineering Sue Filson, Executive Manager, BCC Office Jeffrey Klatzkow, Assistant County Attorney Joseph Schmitt, CDES Administrator Page 1 *" .~:-.... '- . ~..".'- - . ....' ---.. - AGENDA December 5,2006 9:00 a.m. BCC/PUD IOU Workshop #7 3rd Floor Boardroom W. Harmon Turner Building Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED, REQUIRES THAT 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. 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. 1. Pledge of Allegiance 2. Audit Report 3. Monitoring Advancements 4. Outreach Program 5. Update on Boyne South 6. Public Comment 7. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. December 5, 2006 1. The meeting was called to order at 9:01 PM with the Pledge of Allegiance by Chairman Frank Halas. Joseph Schmitt, CDES Administrator, made introductory remarks, noting that PUD commitments and issues would be discussed in this Workshop, as well as issues associated with the Boyne South PUD (also known as Naples South and now, Royal Palm Development). Maryann Devanas, Senior Planner, Engineering, and Supervisor for PUD Monitoring, noted that a PUD is a Planned Unit Development in which the County has given the developer approval for variances from standard zoning requirements in return for specific commitments and contributions. She presented a series of slides reviewing PUD Audit inspection findings, Monitoring Advancements, and the Outreach Program. 2. The PUD Audit Report . The PUD Audit Program (also known as the PUD IOU Program) is conducted by a team of County reviewers from various departments who select PUDs to audit and inspect sites for compliance with developer commitments listed in their governing ordinances and/or in the Land Development Code. PUD owners are noticed of the findings, and findings are reported to the BCC in these Workshops. . PUD Inspections began in 2003. Since inception of this program 254 PUDs have been inspected. A few of these have been duplications to determine if PUDs that were not in compliance during their original inspection have been brought into compliance. . Numbers of PUDs: o 360 PUDs are recorded currently o 131 hold a built out status o 17 have sunsetted (no activity or limited activity) o 212 are active plus Ave Maria o 7 have been added since the last PUD Workshop in June (BRV Development, Brooks Village, Liberty Landing, Meridian Village, Naples Daily News, Rock Edge and Snowy Egret) . Inspections of 50 of the oldest PUDs are included in today's report. o 7 were in compliance o 3 had substantial compliance o 19 could be brought into compliance o 16 were out of compliance (due to environmental issues, transportation issues, no final certification from South Florida Water Management, etc.) o 5 have an "other" standing (i.e., some have been sold to the State of Florida and became part of other developments, etc.) . This group of inspections revealed some more severe situations than prior inspections. The following were the most serious findings: Page 2 December 5, 2006 o Germain Automotive Facility at Rt. 41 and Wiggins Pass Road had garbage everywhere, oil contamination and stockpiling of discarded auto parts. Waste oil containers were in a buffer adjacent to a Conservation Collier preserve. This violation has been turned over to the Pollution Control Department and Code Enforcement. o Krehling Industries near the Cypress Preserve (near Germain Automotive), a site where only commercial or light industry is permitted, had signs of heavy truck traffic. Rock had been stockpiled, and sediment washed out from the stockpile into the Preserve. The developer took immediate action to correct this situation when contacted about it. o Water glades PUD (also known as The Villages of Emerald Bay) in northern Collier County has a permitted shed in a preserve area. The permit did not allow for electricity which was brought into the shed. o VFW PUD by Orange Blossom and Livingston Roads, sunsetted due to lack of activity in 2003. The inspection found that water was being pumped off of the site to de-water it, land clearing was occurring without a vegetation removal permit, and a non-permitted fence was installed. This has been turned over to Code Enforcement and the South Florida Water Management Department for action on the non-permitted activities. Ms. DevaDas indicated that these problems are due to a lack of monitoring activities and education, and can be corrected with additional staffing. 3. Monitoring Advancements . Ms. Devanas asked the BCC to consider adding two environmental positions to support PUD monitoring. At present, there is no Environmental Specialist on staff for PUD monitoring. All 212 active PUDs need to be tracked and inspected on an annual basis. 100 audits need to be conducted annually, and additional time is required for reinspections and to provide education to developers and Homeowner Associations. These activities would help to prevent the problem situations reviewed today. There have been no inspections for the annual monitoring since 2004. . An amendment is being requested to the Land Development Code to require a minimum of six months notification to the Engineering Department prior to the turnover of a development to an association. The developer will be given a comprehensive checklist to complete and return to the Engineering Department, to report on the status of the developer's requirements. Administrative procedures are being drafted for a turnover inspection. . Work is being done on the expansion of a Civic Association Databank. Information that is sent to the recorded agent for a development would be available in the Databank for all other residents. . A Land Development Code amendment is being requested to allow PUD monitoring to ask the BCC to release commitments that staff feel are no longer necessary. These would be brought to the BCC on an annual basis. Page 3 December 5,2006 . Currently, when a developer exhibits no compliance, Certificates of Occupancy are withheld. This practice should continue to ensure compliance, and staff would like to make comments to any future applications of non- compliant developers - for example, when a non-compliant developer wants approval to begin work on another phase of a development. Additional activity of these developers should be frozen until they bring current developments into compliance. . A number ofPUDs discussed in previous PUD Workshops have brought themselves into compliance due to the diligence of staff. 4. Outreach Program . Under the Outreach program, two property owner association residents meetings are conducted annually. . The PUD Quarterly newsletter has a circulation of 475 and is growing. . A Community Association manual is being prepared. This will be a reference for boards, developers and property owners. It will define the rules, regulations and processes of property associations. A professional technical writer has been hired to assist with this task. . The IT Department is working on several projects such as PUD commitment tracking. 5. Update on Boyne South . Royal Palm Golf Estates aka Boyne South PUD has been undergoing development since 1970. Ownership of the development has changed a number of times. . The community surrounds a golf course and has a number of water features which are part of its storm water drainage system. . The initial development provided for single-family lots. Portions of the plotted parcels and the golf course were subsequently rezoned to PUD. . The Boyne South PUD consists of 242 acres containing a golf course, clubhouse, driving range, and 171 multi-family and single family dwelling units. . The RSF 3 zone (residential single family) surrounds halfofthe PUD with half of the internal roads and seven of the eleven cul-de-sacs entirely in the RSF 3 district. . During one of the sales of the development, there was a requirement that the homeowner association be established. All of the properties under separate ownership that has already been purchased were grandfathered out of the homeowners association that bears maintenance responsibility for the infrastructure. Those grandfathered out share in the use of the infrastructure, but do not share in its expense. . The stormwater system is inadequate. . The sewer system has never met County standards and will not be accepted by the County unless it is brought up to its standards. . There are questions about whether a large lake in the development (lake #25) was built properly. Page 4 December 5, 2006 . A "tot - lot" is to be developed prior to the issuance of the clubhouse Certificate of Occupancy. The property deeded over to the homeowners for this purpose is in the area of a future golf range by an access road that serves a maintenance facility area, and provides no parking facilities. The residents have concern about the safety of this location for a tot - lot. . Three wells to be dedicated to Collier County have not yet been dedicated. Commissioner Coyle commented that this is what happens when developments linger on for decades before they are built out or turned over to the Homeowners Association. Other instances of this are being encountered. While some developments are so large thirty years might be reasonable for the development, this one doesn't fall into that category. He asked if a rules change could be made to require the demonstration of faster progress toward the completion of a development, and/or periodic reviews. He added that what happened at Boyne South should never have been allowed to happen. Mr. Schmitt stated that this development involves a PUD and straight zoning. There is no unified plan of development other than for the lots under the RSF3. The PUD did come before the BCC in 2004 for amendment when it was purchased by the current developer with the vision of rebuilding the golf course, which was done, rebuilding the clubhouse, and related activities. He added that Sunsetting Laws would be enforced if the development just sat there and nothing was being done, but work has been done on the PUD portion of the development. He stated that nothing could have been done by the County to prevent this from happening. Commissioner Coyle stated that there is a point in time when homeowners deserve to be able to make their own decisions and not be burdened with unexpected changes to their community. PUDs cannot be allowed to lie around and languish for twenty or thirty years. Developments need to be turned over to the Homeowners on a timelier basis. Mr. Schmitt noted that work is being done on tying a build-out date to the transportation analysis. Tom Kuck, Engineering Department, has been involved with the development going back to 1978, and provided additional history: . Royal Palm Golf Estates was approved by the County in 1976. At that time subdivision regulations were much different than they are now. The sanitary sewer system did not meet County standards and was not accepted, and the roads and water lines were not properly constructed. . Another developer came along and replaced the water lines bringing them up to County standards at that time, and the County accepted them. . In the 1980s the development came before the Board, which determined that the County would not take over the maintenance of the roads and sewers. Page 5 December 5, 2006 . Three different developers involved went bankrupt. The development was also picked up by the Resolution Trust Company created by Congress in the wake of the 1980s S&L crisis. Mr. Schmitt noted that the roads became the responsibility of the Homeowner's Association (HOA) in 2006 at their request. Commissioner Coyle asked when staffwill be prepared to make some solid recommendations to the BCC. Mr. Schmitt responded that the County has some leverage over the PUD, but has very little leverage over the rest of it. The HOA will need to make some decisions as to what they want to do to correct some of the infrastructure, and there are some legal issues that staff cannot get involved with. Commissioner Coyle asked if Certificates of Occupancy might be withheld until some of the issues are resolved. Ms. Devanas responded that is currently being done. The Certificate of Occupancy for the clubhouse is being held until the tot - lot issue is resolved. Mr. K1atzkow stated that he has encouraged the Developer to meet with the residents here at CDES to discuss approaches to the issues. One approach is an MSTU, another is a CDD. The residents and the Developer should see if they can solve their own problems working with Mr. Schmitt's staff, without the County dictating what should be done. Maybe a year from now the County will have to dictate solutions if the residents and Developer can't solve their problems. Break 10:25 AM Reconvened 10:40 AM 6. Public Comment Dave Shepherd - President of Cyprus Woods Golfing Club Master Association expressed thanks for the PUD Workshops, and the work of Maryann Devanas and Joe Schmitt. The Turnover Checklist is an important document that would have been extremely helpful ifit had been available at his Association's turnover. James Lepp - resident of Royal Palm Golf Estates, stated that last August residents were billed for $300,000 for piping work that the Developer had committed to do at its own expense under terms of the 2004 PUD. He asked that the terms of the 2004 PUD be enforced. Page 6 December 5, 2006 Phil Goetsch - resident of Royal Palm Golf Estates said that in applying for the 2004 PUD permit the Developer stated to South Florida Water Management that increased lake acreage would alleviate the pumping from two portable pumps needed in the wet season. The Developer represented that pipes did not need to be replaced, and the pumps would not be needed. After the permit process the Developer replaced the pipes and billed Homeowners $285,579 for this, and had two huge diesel pumps running from June through October. In spite of this, flooding was still experienced. The Developer controls the Homeowner Board and can do whatever it wants to do. Michael Hutson - resident of Royal Palm Golf Estates thanked Maryann Devanas for her work. He indicated that the Developer needs to be held accountable for commitments that it made to get concessions. The Developer wants a Certificate of Occupancy in December, but should not be given this before the defective sewer system if fixed. The PUD Master Plan requires a 20 foot class D buffer to go along the front of the development. The Developer has indicated that this doesn't apply to him, and intends to bill the Homeowners Association $118,000 to put in a buffer by new development. Heather Case - resident of Royal Palm Golf Estates, opined that this issue should be addressed by using the vehicle of the PUD or, in conjunction with that, using a special taxing district. The Developer has come before the BCC in the past and represented that it will do something, and then has not done it, or uses his power on the Board to make the Homeowners pay. Leonard Ferenz - resident of Royal Palm Golf Estates, expressed concern that the Homeowners have no leverage over the Developer to negotiate a fair agreement, and he asked the County to help them. The Developer either intentionally or unintentionally misrepresented itself to the County in its 2004 PUD application which indicated that there would be no cost borne by the Homeowners for revisions to improve the lakes and increase the water flow off those lakes. Homeowners were subsequently billed for that work. Frank Ortiz - resident of Royal Palm Golf Estates, stated that in the 2004 PUD the County had the opportunity to enforce or mandate certain conditions. The infrastructure of the community should have been addressed at that time. Wilhelmine Vogel - resident of Royal Palm Golf Estates, stated that work sheds visible at the main entrance of the development are very unappealing and should be buffered. The Developer will not agree to this. Leonard Nolan - resident of Royal Palm Golf Estates, asked the BCC, as the highest governing body of Collier County, to enforce the 2004 PUD and the recorded commitments that the Developer made to the County. The Developer committed to fix the drainage, but took $67,000 from the Homeowners' Page 7 December 5, 2006 Association capital contributions fund for this, and assessed the Homeowners Association an additional $218,578. Commissioner Coletta commented that the issue of the 2004 PUD has been mentioned several times, and he asked the County Attorney what has failed to be enforced relative to that PUD. Mr. Klatzkow responded that he doesn't know that anything has not been enforced, that is a factual issue in dispute and the Developer would tell a different story. The residents and the Developer should meet and make some type of agreement on their own and not involve the County. Mr. Schmitt also indicated that the County is not failing to enforce the PUD. There is a dispute about the playground, but wording in the PUD allows the developer to place it where he plans to place it. Requirements for the water and sewer infrastructure and some of the other infrastructure in the PUD area can and will be enforced. This project is still under development, and the developer still needs to meet requirements. Mr. Mudd added that there have been complaints from residents about sewers and toilets backing up, and if the sewer system or the water system is found to be undersized at time of final inspection, the County will not accept them. Commissioner Halas said that statements of commitments made by the Developer before the BCC that were not put in the motion need to be reviewed and these commitments need to be upheld. Thomas Keller - manager ofthe World Tennis Center, reviewed infractions and promises not kept by the Developer who is no longer there. He asked that sidewalks that the Center is already working on and payment for the traffic light signal be grandfathered. Gina Downs - resident of Waterglades PUD, noted three areas of concern that Environmental Services has with the development - a gopher tortoise habitat that had been cleared away, a shed that had no permit, and the lake planting area that exists at only one of three lakes. Seven percent of each lake is required to be planted with littoral plantings - the front lake is fifty percent planted, and that should exclude the other two lakes from this requirement. The shed was permitted by the County, and it is located as indicated on the survey that went with the permit. Relative to the gopher habitat, the community has not cleared property; it was cleared and the gopher habitat was relocated according to County requirements years ago, and she provided letters from the County from 1989 that supported this. Dick Macken - Past President of Villages of Emerald Bay Condominium Association noted that its preserves have been managed in a responsible and Page 8 December 5, 2006 environmentally positive way. There are two controlling documents concerning how the preserves should be managed, a map dated 11/01/89 showing the areas that needed to be preserved, and a letter from Collier County dated 11/30/95 laying out how the preserves should be handled. The Villages of Emerald Bay has become a sanctuary for wildlife. They have been told they need to hire an Environmental Consultant to design a plan for preserve management and restoration, although they have followed the County's directions from their letter of 1995, and there should be no additional requirements placed on them. Rich Yovanovich - representing Krehling Industries, stated that staffhas shown that its site was immediately cleaned up and work is being done to resolve any issues. He suggested that documents prepared by staff concerning issues should be sent to the Developer earlier. In the Krehling case, issues were documented by County staff in August 2006, but were not sent to the company until November 2006. Mr. Yovanovich also represents Boyne South, and stated they have no problem with the County holding them to task for what was said at the PUD hearing meeting and what is in the PUD document. They believe they have followed the PUD document to the letter and will make corrections if staff can show them where they have not followed the document's requirements. They have made the improvements they said they would make, and they have not charged the residents for things that they didn't say they would charge them for. They would be happy to meet with the residents. Commissioner Coletta asked Mr. Y ovanovich to meet with Mr. Schmitt and the County Attorney to go over the PUD document before meeting with the Boyne South residents to be fully prepared to answer questions. Mr. Y ovanovich stated that the Developer and he have fully scrutinized the PUD document for what their obligations are under that document, and are ready to meet with the residents. Commissioner Halas recommended that Mr. Yovanovich obtain the tape of the Developer's PUD amendment meeting with the BCC, and make sure anything the Developer said would be done before the BCC has actually been done. Mr. Y ovanovich agreed. Willard Giasanti - resident of Royal Palm Golf Estates commented on the unfairness that some residents have to pay for infrastructure and some don't. Carol Wilsey - a resident of Olde Cypress praised the work of Maryann Devanas and her compliance department. Ms. Wilsey is also a realtor, and requested that more information about these efforts be dispersed to the real estate community. Page 9 December 5, 2006 Commissioner Fiala supported the hiring of two Environmental Specialists as discussed earlier in the meeting. She asked how the Homeowners Association for Boyne South can be controlled by the Developer. She also asked if the BCC can refuse to approve any PUDs for a Developer that has been irresponsible. Mr. Schmitt responded that he will need to bring a Budget Amendment to a Board Meetingfor hiring two Environmental Specialists. He noted that the Developer typically controls a development until about 90% of its homes have been sold. He added that he has tried to meet with the Developer twice, and both times the Developer has cancelled. If the Developer will not meet, Mr. Schmitt will bring a resolution to the BCC to stop all work in that development. He added that the BCC can refuse to approve a PUD for an irresponsible Developer. Commissioner Halas asked what can be done relative to the Waterglades PUD. Mr. Schmitt responded these issues can be worked through and foresees resolving most of them. ***** There being no further business for the good ofthe County, the meeting was concluded by order of the Chair at 11 :56 AM. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~;:,-:2$ ----- Chairman, Commissioner Frank Halas ATTEST: DWIGHT E. BROCK, CLERK By: 1)..u.o.. 't~- 'i:;).( . Attest .s s 119Rlt.-. .011 ~ These minutes approved by the Board on j -c:1. .. d:>Q .,... , as presented or as corrected v- Page 10 ....,,,...,',..,._-,,.,.,-~.....,"'_.,,-.,..,,,,"'_._,.----'