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BCC Minutes 06/04/2007 S (GMP Amendments) June 4, 2007 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Naples, Florida June 4, 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 SPECIAL MEETING in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Tom Henning Fred Coyle Frank Halas Donna Fiala ALSO PRESENT: Jim Mudd, County Manager David Weigel, Assistant County Attorney Sue Filson, Executive Manager to BCC Joseph Schmitt, Community Dev. & Env. Services David Weeks, Comprehensive Planning Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ .:",oci SPECIAL AGENDA GMP AMENDMENTS (Transmittal Hearing) June 4, 2007 9:00 a.m. Jim Coletta, BCC Chairman, District 5 Tom Henning, BCC Vice-Chairman, District 3 Donna Fiala, BCC Commissioner, District 1 Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC 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. COLLIER COUNTY ORDINANCE NO. 2003-53, 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. 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." Page 1 June 4, 2007 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO P ARTICIP A TE 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. Invocation and Pledge of Allegiance 2. Comprehensive Planning, Growth Management Plan Amendments 3. General Discussion and Questions 4. Adjourn Page 2 June 4, 2007 June 4, 2007 CHAIRMAN COLETTA: Good morning, ladies and gentlemen. Welcome to our growth management planning amendment workshop MR. SCHMITT: Turn your mike on. THE COURT: -- June 4th. Is it on? Please stand for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN COLETTA: This should not take long. David, we'll go with you first and then I have got a couple of comments. We'll see if we can conclude business and get on with our lives here. MR. WEEKS: Commissioners, I'm David Weeks from the Comprehensive Planning Department. Just a few very brief comments, please. First of all, as you're all aware, due to a staff error with the legal advertisements for today's hearing, it is necessary that the hearing be continued to tomorrow. I certainly want to state here on the record, as I did on the e-mail to you all and others, staff very much regrets the error. We understand it may have caused inconvenience for this commission, for the petition agents, for the public, and any other interested parties, including fellow staff members. We would like to let you know that we became aware of the error on Wednesday of last week, May 30th. We immediately discussed it with the county attorney's office and decided that it was necessary and appropriate to continue today's hearing. We notified the effective parties, those that I just made reference to, including we made every effort to contact all of the public speakers from the planning commission hearings. We had their names. We looked up phone numbers or e-mail or otherwise and almost all of them were contacted to let them know of the error and the need to continue today's meeting. We would like to note that, to the best of my knowledge, in the ten plus years that I have been involved in comprehensive plan Page 2 June 4, 2007 amendments, this is the first time that staff has made an error of this magnitude. That is, it actually required a continuance of a hearing. And I would like to, again, make sure it is clear that it was a staff error in our department, not the county attorney or any other departments involved in this process. I would also like to note something, aside from the need for a continuance. Commissioner Coletta, you had mentioned that there should be one time certain item. I thought I would mention it today, but would also discuss it tomorrow. CHAIRMAN COLETTA: Please continue. MR. WEEKS: That is, petition number CP-2005-13. This is for the property that contains the First Assembly of God PUD located on the east side of Collier Boulevard. This petition proposes to include some essential services, personnel housing. And, I believe, that's the reason, Commissioner Coletta, that you had asked that this be set for a time certain, that being at 3:00 p.m. tomorrow, Tuesday, June 5th at the hearing to be held in this room. And, Commissioners, with that, staff would ask that you vote to continue today's hearing to tomorrow, Tuesday, June 5, 2007 at 9:00 a.m. at this location. COMMISSIONER FIALA: I make a motion to continue this meeting until tomorrow at 9:00 a.m., Tuesday. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Fiala and a second by Commissioner Coyle. MS. FILSON: And Mr. Chairman-- CHAIRMAN COLETTA: And we have one speaker who wishes to speak on the agenda itself, I assume, and that's fine. Please, go ahead. MS. FILSON: The speaker is Georgia Hiller. MS. HILLER: Good morning, Commissioners. Georgia Hiller for the resident. I'm speaking on behalf of Rich Y ovanovich, who Page 3 June 4, 2007 could not be here this morning. And we're here to ask if you would allow petition number 2005-14 for Symphony Real Estate, Limited to be continued to the 22nd. We understand that your agenda tomorrow is going to be filled and we would like to alleviate some of that burden by volunteering to be heard on the 22nd. CHAIRMAN COLETTA: Do we -- there may be an issue with that. One of the things I want to discuss with my fellow commissioners was an expedited schedule tomorrow to see if we might be able to achieve the impossible. And that's get two days worth of hearings done in one. We've done it before. And I've got no reason to think that if we apply ourselves we can do it again. I'm not too sure if I really am excited about the idea of continuing one item and that be the only item on the agenda for that meeting. Go ahead, Commissioner Henning. COMMISSIONER HENNING: Mr. Chairman, Ms. Hiller showed me a map that disturbs me quite a bit. I have asked her to get ahold of staff to try to iron out some discrepancies. And I don't know if that's going to be able to take care of those discrepancies today. So I would rather have something clean than have a potential battle here tomorrow because of discrepancies. So I would like to get that addressed. And if that means continuing it until the -- the 22nd, are you saying? MS. HILLER: Yes, please. Which, I believe, is the continuance date to substitute for today and tomorrow. That it's supposed to be tomorrow and the 22nd. That was my understanding as it was noticed. CHAIRMAN COLETTA: Let's go to Mr. Weeks for comments. MR. WEEKS: Yes, please. A couple comments or so. First of all, the particular petition that is being referenced is CPSP-2005-14. It is the second to last item on your agenda. What I would like to point out is that the property that she's Page 4 June 4, 2007 making reference to is one of many. This is the batched petition of properties that have requested a redesignation from sending lands to either neutral lands or receiving lands within the rural fringe mixed-use district. My point is that this is really one property of many. There would be many other property owners that would be affected if you continue this. I simply cannot tell you whether or not they would object to that continuance or not, simply that there are other property owners that would be affected by the continuance. Secondly, I would note that -- as you made mention, Commissioner Coletta, of the desire and hope to be able to get through this entire agenda tomorrow. That is a lofty goal, but I hope we are able to do so. But, if not, perhaps it would be appropriate to wait until that time to continue this to the 22nd. That would also provide the opportunity for those other property owners or other agents that may be affected by this decision to have a chance to speak. Presumably they are not aware of this request until just now and they're not here to speak for their interest. And, finally, I know the speaker has spoken with myself and Matt Hatcher in the environmental services department. I think we're probably at a point of agree to disagree. I'm not sure if spending anymore time in dialogue will change that. CHAIRMAN COLETTA: I would like to give them every opportunity to be able to be prepared to be able to bring this to us in a meaningful fashion. I'm also concerned about the public and the notification to them. A couple of questions, if I may. When this was going through the process: Were there many, many speakers on this particular item? MR. WEEKS: No, sir. Only a handful. CHAIRMAN COLETTA: Is there a possibility that if we were-- and I'm just playing the devil's advocate on this. Is there a possibility that if we were to continue it to the 22nd, which might be the only Page 5 June 4, 2007 item on there -- but my time is your time, as far as that goes. I'm here to serve the public. We might be able to do the -- call each one of those people that spoke before and let them know that we're doing such. MR. SCHMITT: Four speakers on this item. CHAIRMAN COLETTA: Mr. Schmitt, do you have -- MR. SCHMITT: We had four speakers noted that spoke on this item. CHAIRMAN COLETTA: So it wouldn't be an impossible task. The only thing is that it may be the only item we're carrying forward. I would still like to move with a very aggressive schedule tomorrow, if we could, with the idea being that if we do have a carryover, it would be a minimal amount. We'll go to Commissioner Henning and then Commissioner Halas. COMMISSIONER HENNING: Mr. Weeks, on 2005-15, how many individual petitions are on that single item? MR. WEEKS: Commissioner, I will need to look at it. I know it is a total of about 90 properties. MR. SCHMITT: 96 properties, David. MR. WEEKS: But, I believe, it is only about a dozen actual submittals because many of them are in a batch. So approximately a dozen. COMMISSIONER HENNING: So we're going to have a dozen petitioners speak on that one item? MR. WEEKS: No, sir. COMMISSIONER HENNING: How is that going to work? MR. WEEKS: I don't believe so. Because at the planning commission hearing most of those property owners or representatives were not present. There were very few that actually spoke about their property. COMMISSIONER HENNING: Okay. That's odd. Page 6 June 4, 2007 Thank you. CHAIRMAN COLETTA: Let's go to Commissioner Halas, then last the motion-maker if you want to reconsider the motion. COMMISSIONER HALAS: Yeah. I'm concerned. We have had these books for about a week now or over a week. And I'm surprised that all of a sudden we have all these questions that are looming here. Was this anything that was brewing before today, this morning? In other words, in the consideration of continuing this to the 22nd. MR. WEEKS: No, sir. Well, the notion of continuing -- the specific petition continuing to the 22nd, this is the first I have heard of that request today. I was aware that there was some question about the accuracy of the information provided to the commission. And on that note, I would specifically like to mention that for the property that the speaker is referring to, in the backup materials that we have provided to you staff failed to provide to you one map exhibit, which I brought with me today. And after the hearing, I will be asking another staff member to insert it into your notebooks in your offices. COMMISSIONER HALAS: This particular map, does it have a huge amount of circumstances in regards to what our -- what our thought process might be at this point in time for all the research that we've done? Is it going to be a major turn of events that could affect our way that we may vote on this? MR. WEEKS: Commissioner, not in my opinion. COMMISSIONER HALAS: Okay. MR. WEEKS: It is one portion of the plus or minus 15 or 20 pages and simply is a component of that. Certainly it's a visual exhibit. So it's very telling to see. It is a color aerial. On the other hand, it is correlated with the text that is provided in the data that you have already received. Page 7 June 4, 2007 COMMISSIONER HALAS: Okay. MR. WEEKS: I believe the specific issue that the speaker refers to is the status of the property sometime after that aerial was taken that is provided in your -- needs to be provided in your backup. I don't want to get into too much discussion today, but just let me say that that petition is about the redesignation of sending land property within the rural fringe. The critical date is June 19th of 2002. That is the date that this board adopted the rural fringe amendments for our growth management plan. And that is the date by which any data would be viewed to determine the appropriateness of the sending designation would be based. I believe the information that the speaker has is one or more aerial photographs that were taken after that time period, which I would respectfully tell you should not be considered for the specific purposes of this petition. Certainly a landowner at any given time has the right to file a comprehensive plan amendment on their own. But this is that very specific circumstance where this commission included in those rural fringe amendments the ability for landowners along the edge of the sending lands that were abutting your receiving or neutral land to submit data to try to demonstrate that the county made an error in designating the property as sending lands back in June of 2002. I am sure the commission recalls there were many people at your hearing that were in opposition -- that were opposed to having their own land changed to -- to be designated as sending lands. You heard people telling you that their property had previously been cleared and/or contained in agricultural use or otherwise did not want the sending land designation. You included a specific provision in the future land use element to allow those property owners to try to demonstrate, "County, you made a mistake." That's what this is all about. The critical date would be at the time period in which you adopted the rural fringe amendment, not some subsequent time period. Page 8 June 4, 2007 MS. HILLER: Okay. Commissioners, if! may. COMMISSIONER HALAS: Thank you for the details. CHAIRMAN COLETTA: Commissioner Fiala, did you wish to consider amending your motion to include the moving of this to the 22nd? Is that correct? MS. HILLER: Commissioner Coletta, before you make a decision I would just like to -- CHAIRMAN COLETTA: I barely can hear you. MS. HILLER: I'm sorry. My voice has gotten softer over the past few months. Commissioners, may I ask to briefly respond to Mr. Weeks' comments, just for clarification. CHAIRMAN COLETTA: I really -- well, I want to see if we can -- we don't want to argue. MS. HILLER: I don't want to argue. Ijust want to say that his explanation of our position is not correct. CHAIRMAN COLETTA: I will allow you to counterpoint, but that's the end of it. MS. HILLER: That's fine. CHAIRMAN COLETTA: Go ahead. MS. HILLER: I just want to say that Mr. Weeks' description of what we intend to present is not what we intend to present. New evidence came to light on Thursday of last weak as a result of some meetings with staff. And it's as a result of the evidence that came out during those meetings that we intend to present. CHAIRMAN COLETTA: Commissioner Halas. COMMISSIONER HALAS: Yes. Have you -- are you a registered lobbyist now? MS. HILLER: No, I'm not. I'm speaking here on behalf ofMr. Y ovanovich. I'm not being compensated. COMMISSIONER HALAS: Okay. I'm trying to figure out how Page 9 June 4, 2007 this big picture is if Rich Y ovanovich is here to -- MS. HILLER: Mr. Yovanovich was out of town and he arrived back last night. And we were unable to get ahold of him for the 9:00 hearing. COMMISSIONER HALAS: We're just trying to make sure that everything is legal. Because if you're here to basically backup Rich Y ovanovich, then I would think that you would be considered a registered lobbyist. MS. HILLER: I am here to represent him. He is a registered lobbyist and he's registered on behalf of Symphony. I am merely speaking for him. COMMISSIONER FIALA: Okay. I will change my motion to exclude this particular one and have it continued to the 22nd. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: There is some confusion here. We have been told that only one portion of this item is being requested to be continued. Why would we continue the entire item if only one petition of the 12 or so that are contained therein -- ifthere is no concern with proceeding with those, why would we do that? MR. WEEKS: Commissioner, that's a good point. You could continue that single item. It just separates it from the rest of that petition. So when you take your vote, it would have to exclude that. Good point. COMMISSIONER COYLE: And that solves your problem with having to notify all those other people who don't have the benefit of this discussion today. I think it would be unfair to postpone their portions of this petition merely because one petitioner out of 12 wants to present additional information. CHAIRMAN COLETTA: Is that doable? MR. WEEKS: It is doable. I would say that one or more of the speakers were not representing property owners. They were there to -- for example, an environmental watchdog group there to make Page 10 June 4, 2007 comments about -- regardless, it's a handful of people and certainly staff would contact them and make them aware of your actions. COMMISSIONER FIALA: Okay. So which property then is it? I mean, of these different sections, which one is the one that you particularly want to continue until the 22nd? MR. WEEKS: Commissioners, if you don't mind me responding. Within your packet for that petition CPSP-2005-14, the backup materials are organized by map parcel number. The second grouping of parcels are map parcels number 3 through 11. That's what is being referred to today. COMMISSIONER HENNING: So it's 3 through II? MR. WEEKS: Yes, sir. COMMISSIONER HENNING: Okay. And that will take care of Commissioner Coyle's issue, which is absolutely right on point. CHAIRMAN COLETTA: Did you want to amend your motion? COMMISSIONER FIALA: Yeah. So now my motion will be -- let me start off with -- well, we have a motion on the floor and a second. So I want to rescind my first motion. Will that be all right? CHAIRMAN COLETTA: That's fine. COMMISSIONER FIALA: Okay. Fine. So now my motion first is just -- it's one part of the motion. My motion is to take that particular item, which is 3 through 11 -- sections 3 through 11 of CPSP-2005-14 and continue it until the 22nd of June. COMMISSIONER HENNING: Second. MS. HILLER: Thank you, Commissioners. CHAIRMAN COLETTA: We have a motion by Commissioner Fiala and a second by Commissioner Henning. Commissioner Coyle, do you have something else? COMMISSIONER COYLE: No. That's it. CHAIRMAN COLETTA: Now, one thing though we've got to realize is that we still have got a time factor here. Even though we Page 11 June 4, 2007 aren't continuing the rest of them, we might end up doing that by default, depending on what the schedule is for tomorrow. With that, we know the motion. We have got the second. All those in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Show Commissioner Halas as being the dissenting vote. COMMISSIONER HENNING: Mr. Chairman, I'd make a motion that we -- it is a continuance of this meeting and hear all the other petitions until tomorrow, June 5th. COMMISSIONER FIALA: I will second that motion. CHAIRMAN COLETTA: Okay. Motion from Commissioner Henning to hear all the other petitions possible tomorrow, June 5th; is that correct? Did I say it right? COMMISSIONER HENNING: It's close. Close enough. CHAIRMAN COLETTA: And we have got a second by Commissioner Fiala. All those in favor of that motion, indicate by -- any comments? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Go ahead. COMMISSIONER HALAS: I have another commitment at 6:30, so I'm not sure if that is going to weigh in. It was already on my calendar before we found out that we have a mess-up here. CHAIRMAN COLETTA: That's fine. The thing is I'm going to -- I'm hoping that my fellow commissioners will agree to go until possibly 9:00 in the evening tomorrow to try to take as much care of Page 12 June 4, 2007 the people's business as possible. COMMISSIONER HALAS: I have to leave here at 6:00. COMMISSIONER COYLE: Did I mention to you that I have a prior appointment at 5:30 p.m.? CHAIRMAN COLETTA: Well, do it today and get it over with. With that, all those in favor of the motion indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it five to zero. Is there any other business before this commission today? MR. WEEKS: No, sir. CHAIRMAN COLETTA: With that, we're adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:21 a.m. Page 13 June 4, 2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~~({@' JIM COCETTA, C airman ATTEST: DWIGHT E. B~'oCK, CLERK ~:~rk.'" ...."..~ h,. .,'_C;;o\, Jo"", -.:,,-, - , ,,; "'l."""'~ " i "'.' .. ; v~ '..1 ~ ",i ",' "'., t :' These minutes approved by the Board on "/24/61 , as presented v or as corrected. TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY KELLEY MARIE NADOTTI. Page 14