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BCC Minutes 10/10/2007 W (PUD Workshop #9) October 10, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PLANNED UNIT DEVELOPMENT AUDIT WORKSHOP #9 Naples, Florida, October 10, 2007 LET IT BE REMEMBERED that the Collier County Board of County Commissioners in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in WORKSHOP SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, with the following Commissioners present: CHAIRMAN: Jim Coletta Tom Henning Donna Fiala Frank Halas Fred W. Coyle ALSO PRESENT: James Mudd, County Manager Joe Schmitt, CDES Administrator Mary Ann Devanas, Supervisor, PUD Monitoring, CDES Nick Casalanguida, Transportation Services David Weigel, Collier County Attorney JeffKlatzkow, Chief Assistant County Attorney Sue Filson, BCC Executive Manager AGENDA October 10, 2007 9:00 a.m. BCC/PUD Audit Workshop #9 3'd 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 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. Planned Unit Development (PUD) Audit Report 3. PUD Monitoring Project Review 4. Collier County Outreach Program Update 5. Public Comment 6. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. October 10, 2007 1. Pledge of Allegiance The Meeting commenced with the recitation of the Pledge of Allegiance, led by Commissioner Halas, at 9:00 AM 2. Planned Unit Development (PUD) Audit Report - Maryann Devanas Ms. Devanas gave a PowerPoint presentation to the Board. (Attached) Topics covered during the presentation included: . Review of the 50 PUDs known as Audit Group #9 The PUDs were randomly selected - Inspections were conducted by Transportation Planning, Public Utilities Division, Engineering, and SFWMD . Findings and Compliance . Out of Compliance Issues . SFWMD Certifications . 5- Year Report . Assessment of Programs . Recommendation Ms. Devanas stated Barbara Garrett is the County's new Housing Manager. The Affordable Housing Report will be presented by Ms. Garrett at the next Audit Meeting. Steve Nagel explained the South Florida Water Management District, its regulations, certification program, requirements, and monitoring efforts. Ms. Devanas summarized the Five-Year Assessment Results: . 112 PUDs were in compliance; . 70 PUDs were in substantial compliance; . 92 PUDs can be brought into compliance; . 58 PUDs were out of compliance; . 22 PUDs were eliminated due to sale, use or sunset; . All developers are notified of non-compliance . More than % of the audited PUDs are in compliance or partial compliance 3. PUD Monitoring Project Review - Maryann Devanas . Point of contact for HOA/POA - Outreach Program . Bi-Annual POAP meetings . Community Association Manual- to be available on website . PUD Quarterly Newsletter - 8 editions published . Verification of PUD Density/Intensity . Developing Final Inspection Procedures for Code of Ordinances . Goal for 2007-08: "build-out" 50 PUDs 2 October 10, 2007 Joe Schmitt clarified the Board will determine if a PUD is considered to be "built- out." Concerns were expressed about notification to citizens of build-out status since a declaration of "build-out" closes out the PUD. Homeowners Associations are contacted for their approval prior to submission to the Board. Additional units that were not built are to be relinquished to eliminate "phantom" or "ghost" units. Ms. Devanas stated Staff has recommended suspending the Audit Program for six months due to the lack of current staff and budgetary concerns so that the focus is directed to the development of the Final Inspection Procedures. Commissioner Henning inquired concerning the fees charged for PUD monitoring. Mr. Schmitt stated the fees are deposited into Fund 131 - Permitting and land use, which is separate from building permits. He further stated because residential permit revenues are on a downturn, he is unable to raise PUD monitoring revenues. Mr. Mudd stated he authorized hiring another environmental staff person to work in Ms. Devanas' department and 'as needed' in CDES. Ms. Devanas continued to present Staff recommendations: . Suspend Audit Program for six months . Current staff will continue Annual Report monitoring during six month period Discussion ensued concerning how to find and involve volunteers to assist the County during this budgetary crisis. 4. Public Comment - Speakers Marv Schell described her personal experiences in a written letter, a copy of which is attached, concerning the Laurel Lakes erosion problem. She stated the builder did not repair the problem even though his representatives assured the Homeowners Association it would be handled. The problem still exists and has not been corrected. Patricia Lazlo is also a Laurel Lakes resident. She pointed out the developer's bond that was posted to cover the Lakes erosion problem was released by the County even though the erosion problem has not been corrected. The bond was released prior to the final inspection being conducted. She stated the County did not inspect the Lakes area and did not protect the residents of Laurel Lakes. The speaker was questioned by the Commissioners concerning the erosion situation. The current procedures to release bonds were discussed It was suggested that Maryann Devanas become involved in the entire process concerning release of a developers' bonds. Flovd R. Chapin, a resident of Sapphire Lakes, stated the crux of the problem is the under- staffing of the County. He suggested using Ad Valorem dollars to hire more employees. As a representative of an HOA, he knows HOAs are interested in the Board's actions. He encouraged the Board to protect the HOAs from powerful developers who ignore the Associations and feel they can do as they wish with the property. His suggestion to the County was that Staff must become more pro-active regarding PUDs. 3 October 10, 2007 Diane Ebert, a resident of Olde Cypress and representative of the HOA, stated the Olde Cypress Community will be the first turnover under the new six-month rule. She specifically asked the County to hold all of the developer's bond money. She stated developers would rather pay a County fine than spend the money necessary to come into compliance. She suggested hitting them in their pocketbooks with larger fines and using that money to hire staff. Upon questioning from the Board, Mr. Mudd stated he would ask Ms. Devanas and Mr. Schmitt to prepare an analysis of her staffing needs to determine how best to assist Ms. Devanas in catching up. He will come back to the Board with suggestions for funding. He also stated he would contact the RSVP Staffto see ifthere are areas where they can Assist in supplying volunteers to supplement County staff members. He stated he was very interested in the last speaker's suggestion regarding a separate bond and he would investigate further options. Commissioner Fiala noted the scheduled update concerning the County's Outreach Program was not heard. Maryann Devanas mentioned the Community Association Manual prepared by the monitoring staffwill be available shortly on the County's website. ***** There being no further business for the good ofthe County, the Workshop was concluded by order of the Chair at 10:52 AM. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PLANNED UNIT DEVELOPMENT AUDIT WORKSHOP #9 A~#U . Commissioner Jim Coletta, Chairman ATT:tl~~.t:'.:G D::., '(~~P60~~~ . ,: 'H:r ",~ ,",~,,..,;.., 1 ~g'n4t.v~~ ,\f' . These Minutes weJY8Pproved by the Committee Chair on as presented ,./ , or as amended . ll~ 4