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BCC Minutes 06/19/2007 W (PUD Workshop #8) June 19,2007 MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS PUD AUDIT WORKSHOP # 8 Naples, Florida, June 19,2007 LET IT BE REMEMBERED, that the Board of County Commissioners/ PUD Audit Workshop #8 in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in Building "F" of the Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, with the following members present: CHAIRMAN: Commissioner James Coletta Commissioner Tom Henning Commissioner Fred Coyle Commissioner Frank Halas STAFF PRESENT: Sue Filson, Executive Manager to the BCC Jim Mudd, County Manager Joe Schmitt, Administrator, CDES Maryann Devanas, Supervisor, PUD Monitoring Claudine Auclair, Principal Planner, Transportation Nick Casalanguida, Transportation Stan Chrzanowski, Manager, Engineering Review AGENDA June 19, 2007 9:00 a.m. BCC/PUD Audit Workshop #8 3'" Floor Boardroom W. Harmon Turner Building Jim Coletta, Chairman, District 5 Tom Henning, Vice-Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 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 eB/QB 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. 20~5, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITlES (INCLUDING, BUT NOT UMITED 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 ENmLED, 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) 77~380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Pledge of Allegiance 2. Planned Unit Development (PUD) Audit Report 3. Transportation Services Division, Transportation Planning Audit Review Update 4. PUD Monitoring Project Review 5. Collier County Outreach Program Update 6. Public Comment 7. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 77441383. Page 1 June 19, 2007 June 19,2007 Call to Order The Workshop was called to order by Commissioner Jim Coletta at 9:01 A.M. Pledge of Allegiance was led by Commissioner Tom Henning. County Manager Jim Mudd reviewed the agenda, stating the following topics to be covered. I. PUD Audit Report 2. Transportation Planning Audit Review Update 3. PUD Monitoring Project 4. Collier County Outreach Program Mr. Mudd lurned over the presentation to Maryann Devanas, PUD Monitoring Supervisor and Engineering Services within the Community Development and Environmenlal Services Division. 1. Maryann Devanas presented findings of the 8th group of audited PUDs with a power point presentation and an illustrated hard copy binder. (Handout) Audit report of the findings and compliance measures: . Have been reporting findings at audit workshops since June, 2003 . Of the 304 inspected PUDs since then, less than one third were found in compliance during first inspection. . Currently reporting on 370 PUDs, whose status was: 100 built out; 23 sunsetted; 216 active and 1 monitored in stewardship receiving area-Ave Maria. . Since last workshop 10 new PUDs have been activated; averaging 16 new PUDs over past four years. . Map was provided, the showing 50 inspected PUDs and their compliance status. . The 12 out of compliance were named along with the non-compliant issues; mostly environmental issues, which were found to be poor in oldest PUDs inspected. . Factor affecting non-compliance is lack of oversight of governing documents due to the change in ownership within the PUDS. . Inspections are complaint driven; owners hard to find. . Reorganization and lack of staff, Pictures and aerials were shown as examples of some of the environmental issues not compliant with site development plan; illustrating the importance of annual monitoring inspections. These included: . missing preserves and/or wetlands as shown on site development plan . no screening of dumpsters; missing fencing; safety hazards . homeless inhabiting preserves . deficient landscaping; un-maintained right of way and debris. Maryann stated that the County's goal is to reach compliance in all PUDs and to maintain that compliance through a number of programs: . Audit program to insure all commitments are met. . Non-compliance passed on to owners-outreach programs to associations 2 June 19,2007 . Monitoring program meant to be done aunually. . Lack of staff issues and frequent turnover, reasons monitoring not done annually With BCC direction, PUD monitoring staff plans to focus on creating a final inspection program whereby compliance is verified prior to turnover. Also, the staff has initiated some procedures for compliance at the pre-application stage of the developments application. The presentation was then over to Transportation, with the request that public comment and questions be held until the end of the presentation. 2. Claudine Auclair, Principal Planner, Transportation Services, presented issues related to compliance and fair share analysis: Staff has initiated new policies to achieve compliance with PUDs and Developments of Regional Impact (DRIs) commitments that include: . Informing developers of commitments at pre-application meetings . Adding notes and stipulation at time of site development review . Denying development orders . Withholding issuing Certificates of Occupancy Challenges had been found with older Homeowner Associations (HOAs) in that: . Commitments by original developer were not honored, not completed or were modified by prior staff. . Current owners challenge responsibilities for commitments not initially addressed at turnover review. . Escalating road costs and impact fees have affected prior commitments referring to "fair share". . Each review and audit requires up to 12 hours of research, inspection, meetings and documentation. The Transportation Services Department would establish new initiatives to resolve issues. Some of those mentioned were: . To tie all transportation commitments to a time certain ( require developers to fulfill their commitment within 120 days of adoption of the ordinance by supplying a bond) . To work with CDES on the turnover program . To utilize technology assistance (IT dept.) with GIS tracking system The system would provide status information for transportation commitments as well as review of development order applications, right of way permits and annual monitoring for compliance. It would be indicated as follows: Green would mean site is in compliance and SDP is allowed to continue review process. Yellow would mean staff should verify monitoring reports for status commitments. Red would mean alert to staff and to notify the developer that development cannot proceed due to unmet commitments. The following were recommended by the Transportation Department: 1. Adopt a strict non compliance rule within the PUD ordinance and the LDC. 2. Promote "Buyer Beware", working with CDES and the turnover team. 3. Support development order denials and withholding ofCOs where applicable. 3 June 19, 2007 4. Increase technology initiatives rather than more staff time. Jim Mudd, County Manager, offered an example of problems at a certain development where, if initiatives had been in place, monitoring situations such as those demonstrated would not have happened. Nick Casalanguida noted the difficulty of enforcement in some older developments. He plans to bring back over the next few months, some recommendations for the BCC's consideration; namely, means to deal with issues where little enforcement has occurred, due in part to comparisons offair share now and in years back. Commissioner Halas had concerns that once PUD was brought into compliance, what follow-up would be done to keep in compliance in future, especially in older and add on developments. Also, where would liability for commitments fall when this issue is not well documented. Maryann Devanas responded that annual monitoring, if development was still active, and audit cycle, if built out; or, complaint driven and in cooperation with Code Enforcement would aid in meeting and keeping compliance. She stated that legally, commitments are the responsibility of the owners and of the buyers, who need to do due diligence. The programs being instituted and the outreach education programs should bring positive results. Joe Schmitt noted measures being taken include: . Commitment agreements . Monitor starting in pre-applications process . If outstanding commitments on any parcels of developer exist, development order will not proceed with either plan or plat. . Withhold COs (not as good, because onus is on consumer rather than developer) . Code enforcement . Special Master Commissioner Henning had several questions: He asked at what point PUD monitoring/auditing would cease. Maryann Devanas stated it was once at 90% build-out, but now is atJOO% build-out. He requested Maryann to research the status of Whistlers Cove and of Summers Glen. He asked if the County is making PUDs come into compliance with SFWM permitting or are just alerting the district. Maryann Devanas replied that the County was acting as a second tier for notification to SFWM; and if major issues arose before turnover, CO's might be withheld. He inquired about the ability to coordinate with the platting department to see if new PUDs are up on their commitments or through their bonding. Stan Chrzanowski offered information that the SFWM doesn't know when project turnovers occur. Permits are in the name of the developer, who may be out of state and cannot sign off on permits. The best scenario would be to make sure HOAs become the permitee at turnover. Also, alerting the district at turnover. He also spoke to the coordinating of the monitoring department with plans, platting and Transportation departments, who each review plats and communicate with each other. 4 June 19,2007 He noted that bonds are held on everything in the event of problems. Commissioner Coletta asked ifit was an issue of not living up to rules at time ofPUD creation or an issue of them being retroactive. He expected that yearly reviews would correct this. Maryann Devanas responded that the monitoring is only on commitments at time of adoplion of PUD. Managers or owners may be unaware of rules and commitments they are under, with no annual inspections. Monitoring/auditing should be continued once built out. Need is for sufficient staff for inspections. Commissioner Coletta requested a status update on the staffing situation. Joe Schmitt reported that approval had been given to hire environmental staff. Staffing is in direct proportion to revenue which is now not sufficient in spite of measures taken to reduce staff to match revenues. With reduction in PUDs made less revenue /Tom permits. Commissioner Halas questioned developer escrows. He stated that the goal of the program was to hold developers to compliance and get inspections done ahead of turnover. 3. Maryann Devanas continued with her presentation, which contained items that addressed some of the issues previously discussed. Review of Monitoring Projects . Audit Inspection provides information that is reported at the Annual Audit Workshops. . Annual Monitoring Program provides information tracking active developments. . PUD intensity and intensity verifications for built-out (provided in handout binder) . Final inspection process . Coming to BCC for built out confirmation for action to approve staffs determination of built-outs, noting changes prior to turning over to built-out status. Confirmation Process . PUDs who have met commitments list . Final built out declaration would generate no reporting status; to reopen would be only with a PUD amendment. . Referred to LDC amendment in which requires a minimum of six months notice to Engineering Dept prior to turnover to an association . Comprehensive Checklist Inspection, requiring completion of a County issued checklist of granted approvals and permits 4. Update of Outreach Project. As part of the Monitoring Program, the outreach initiatives include . Being a point of contact for HOAs and POAs BI-Annual POAP Meetings (last held 3/22 at N. Collier Regional Park with 90 attendees) helpful presentations including Sheriff Deputy on crime prevention; CMA member on how to be a better board member; legal counsel provided legislative updates; State's Condominium Ombudsman on purpose ofthe office, who reported they resolve over 75% of cases they handle. 5 June 19,2007 . Community Association Manual- (among other information, a roster of primary and secondary year round contacts in case of emergencies) - Will be on web site. . PUD Quarterly Newsletter - an educational and community notice publication . Manual and Newsletter will be on web site and e-mailed on request to associations providing e-mail addresses. (budgetary constraints prevent distribution of printed copies) Commissioner Coyle asked for clarification on notification to SFWMD, how they are notified and the timeliness of that notification is. Steve Nagels, SFWMD, stated that notification was provided through a list ofPUDs that are currently being audited. He stated that he is the sole inspector in this area and he coordinates and communicates with the Monitoring group and with the Engineering Dept. in catching up projects and documents. All reports are copied to each group. He noted that his job is to insure codes are followed, sending deficiency letters if not. The certification and inspection process was explained, including the fact that some inaccuracies occasionally do occur. Commissioner Coyle suggested tracking engineers who are consistently providing inaccurate reports and that they be held accountable. County Manager, Jim Mudd informed the Commissioners that the Departments of Business Regulations governs engineer licensing complaints. Public Comment: Patricia Laslo, Laurel Lakes, spoke on her support of the community outreach program and the problems their development had experienced with the developer. The outreach program's assistance helped them to hold developer accountable for compliance. Their community continues to work with Community Development. David Shepherd, Cypress Woods Association, cited the fact that had the pre-turnover process been present, their development would not be experiencing the problems they have had. He praised the monitoring and auditing program. They are still working on problems with the developer on checklist. Members of their association support the HOA presentations, have attended the educational meetings and found them to be productive. Suggestions given were: 1. Ongoing periodic monitoring is needed, even after turn-over 2. County needs to make sure the job is done right the first time. Not opposed to paying for needed staff to accomplish this. Diane Ebert, Old Cypress Association, made note that their association has not yet been turned over. They are now under the new December law requiring the six month notice prior to turn-over. Developer problems regarding umeported escrow monies paid and not providing what is on the plat. She expressed gratitude for the guidance that Maryann Devanas and her assistant have provided. She asked assurance that more staff be made available to insure that Developers come into compliance with what was promised and not just be allowed to pay a fine and not follow the new law. 6 June 19,2007 Discussion followed and revolved around: . Originally, PUD monitoring audit of the 371 PUDs was to be a one-time activity. . Code Compliance to enforce ordinances regarding landscaping and litter issues. . Annual audit brings issues to attention; then reported to Code Enforcement to deal with. . Annual monitoring/auditing to keep PUDs in compliance requires added staff . After built-out declaration, inspections stop; then Code Enforcement takes over. . 90% of Code Enforcement activity is generated by call in complaints. . GIS data base will aid in shared information and in update ofPUD compliance . First 25 PUDs coming to BCC as Declared built out Maryann Devanas explained that lengthy research for staff is involved. She gave a recommendation to hire a generalist that all reports and information would be funneled through, in order to prevent re-researching and multiple inspections by the various departments; especially when staff turnover is prevalent. Commissioner Coletta spoke about the shrinking ad valorem tax that will create the need for creative initiatives to coordinate services and to involve the cooperation of the public as well as best efforts of the various departments. On behalf of the Commissioners, he thanked Maryann Devanas for her presentation and all the participants for their comments. Workshop ended at 10.30 A.M. There being no further business for the good of the County, the workshop was concluded by the order of the Chair at 10:30 A.M. ***** BOARD OF COUNTY COMMISSIONERS PUD AUDIT WORKSHOP Chairman Commissioner James Coletta ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by Board/Committee on presented or as amended as 7 June 19,2007 Discussion followed and revolved around: . Originally, PUD monitoring audit of the 371 PUDs was to be a one-time activity. . Code Compliance to enforce ordinances regarding landscaping and litter issues. . Annual audit brings issues to attention; then reported to Code Enforcement to deal with. . Annual monitoring/auditing to keep PUDs in compliance requires added staff . After built-out declaration, inspections stop; then Code Enforcement takes over. . 90% of Code Enforcement activity is generated by call in complaints. . GIS data base will aid in shared information and in update ofPUD compliance . First 25 PUDs coming to BCC as Declared built out Maryann Devanas explained that lengthy research for staff is involved. She gave a recommendation to hire a generalist that all reports and information would be funneled through, in order to prevent re-researching and multiple inspections by the various departments; especially when staff turnover is prevalent. Commissioner Coletta spoke about the shrinking ad valorem tax that will create the need for creative initiatives to coordinate services and to involve the cooperation of the public as well as best efforts of the various departments. On behalf of the Commissioners, he thanked Maryann Devanas for her presentation and all the participants for their comments. Workshop ended at 10.30 A.M. There being no further business for the good of the County, the workshop was concluded by the order of the Chair at 10:30 A.M. ***** BOARD OF COUNTY COMMISSIONERS PUD AUDIT ORKS OP Chair .~\ ~! ! Rfc~~t:(.#C;~ GHT E. BROCK,:tLERK, These minutes ap~~~BOar(}fCO~ii'ittee on ".:}-1~4t6t as presented l7'~;-;s ll'~wnlfed . . . , ., ~ ' 7