Who's to blame for slow permitting? Planners say it's not just them

The grumbling is almost always in private.

A whispered word to a Collier County leader, an off-the-cuff remark to friends at dinner, overheard at a local diner.

But the word gets around, as it did last week at a Collier County Commission meeting.

Business owners often are frustrated by how long it takes to get permits to open shop, Commissioner Donna Fiala said.

And county planners are frustrated that they get blamed for delays they haven't created, said administrator Joe Schmitt, whose department oversees building and zoning.

There are so many different departments that must sign off on a project that someone can't only blame Schmitt's Community Development and Environment Services department.

But often, they do.

And it is unfair, county officials say.

A heated debate ensued at a commission meeting last week when a frustrated Fiala questioned Schmitt about why it takes so long for a project to get off the ground.

She and Commissioner Tom Henning said they don't much care who is to blame, as long as business owners get their permits in a timely manner.

"One of the biggest problems is little mom-and-pop places like Hoots Restaurant, which is trying to open over at Eagle Creek," Fiala said.

Just as the owners complete a planner-mandated list of 23 requirements, they head back to the planning department and get a revised list of another 17 issues they have to address, she said.

They fix those, and are asked to address another four issues, she complained.

The difficulties are almost always with restaurants, and Fiala said she knows firsthand of four restaurants caught in the same type of situation. That includes Hoots and IHOP on Davis Boulevard.

There are others, such as the Country House eatery, which is trying to move to the Prime Outlets site off Collier Boulevard from just south of Commercial Street — and the Sun-N-Fun North Naples water park, which hasn't received approval for its food concession grill hood.

But it's not always Schmitt's department causing the delays, he said.

Many of the delays — especially those involving restaurants — fall to the various fire districts that inspect kitchens.

"I understand IHOP is dealing with a fire issue with a range hood, and the same is true with the new (water) park. Each fire district has its own fire district and they tend to go out and say, 'No, I want this changed,'" Schmitt said.

While Schmitt said he can engage in a forensic analysis of the situation, his staff reviews permit requests daily.

Fiala wonders if there is something else that can be done besides telling business owners that their plans don't work, and if someone in planning can help move along the process.

In addition, small mom-and-pops owners aren't savvy about the system and don't realize there are intermediaries who can help them through the process, she said.

To address that issue, Schmitt already has established a new permit intake department, headed by a veteran county official.

Just one example

Country House restaurant plans to open in Prime Outlets.

The shopping center's Web site says the restaurant will open in May.

Yet, six weeks later, brown paper lines the restaurant windows and shopping center employees and customers are still eagerly waiting for the popular home-cooking spot to open just south of U.S. 41 on Collier Boulevard.

Country House restaurant owner Jorge Lugo couldn't be reached for comment, and Prime Outlets manager Mark Gianquitti said he doesn't want to make trouble for anyone or assign blame.

The restaurant is waiting for a hood for the restaurant's stove.

County records show that Country House's contractor, JM Services, applied for installation of the kitchen hood June 1. That device needs fire marshal approval.

County records show JM Services supplied the county with additional information June 12. County records show the fire department rejected JM's efforts on June 21.

Who ya gonna call?

Fiala said she routinely gets calls on these types of situations.

Schmitt told her she's going to get called when there's a problem

County Manager Jim Mudd elaborated: "You will get the call when the constituent doesn't like the answer that staff gives."

Commission Chairman Frank Halas said he hopes much of the backlog will be alleviated by the recently approved addition of 12 workers in Schmitt's department, plus an information kiosk in the lobby of the Community Services building. The kiosk is to be staffed by someone who can answer all the questions the average small business owner doesn't know to ask.

Mudd acknowledged that the county is growing faster than county staff is increasing and Schmitt's proposed budget amendments will address some of those problems, but that contractor tardiness or incompetence can't be overlooked as issues.

"I've had these conversations with architects and engineers, and I've (told them) 'You have problems,'" Mudd said.

Architects and engineers will take on a customer, not tell him or her that the company is overbooked, and then the contractor either submits permit applications late, or in a rush, so there are errors. And then they make it the county's fault that a project is delayed, he said.

Saying he has the greatest respect for architects and engineers — Mudd is an engineer by training — he noted that some 100 architects and engineers attending a recent conference he attended didn't dispute his contention about overbooking and late permit requests.

"They looked down and said, 'We're guilty as accused, but we want to talk about it (at a future meeting),'" Mudd said.

A fast track

Henning said he's heard some odd comments within the community, including remarks by county employees on the permit fast-tracking process in effect since 1997.

Acknowledging that Collier is rapidly growing large, Henning said he understands the need for more employees but was also troubled by a comment passed on to him by officials from the Economic Development Council of Collier County.

They contend Schmitt told them that "fast-tracking only means you're going to get rejection faster," Henning said.

"I never said that," Schmitt vehemently responded.

Last week, just as the permitting issue was coming up for debate, EDC officials were praising county officials for fast-track permitting of the new Training and Manufacturing Institute in the Tradeport Technology Park in Immokalee.

EDC Executive Director Tammie Nemecek said fast-track permitting is only available to certain types of businesses.

The EDC looks at industry such as manufacturing, technology and corporate headquarters. EDC directors evaluate wages, number of jobs the company will create and the location.

"Typically, a restaurant or other type of retail or industry that generates its revenue from local sources does not qualify," she said.

The exception is job creation in Immokalee, since it is both an enterprise zone and a rural area of critical economic concern.

Wayne Arnold, a principal with Q. Grady Minor & Associates, said his firm has been able to avail itself of fast-track applications for two clients: construction of a business park project that includes a new site for the Naples Daily News, and a new corporate headquarters for Kraft Construction.