Loading...
BCC Minutes 01/16/2008 S (LDC Amendments) January 16, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 16,2008 LDC AMENDMENTS - CYCLE 2 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 5:05 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Donna Fiala Jim Coletta Frank Halas Fred Coyle (absent) ALSO PRESENT: Joseph Schmitt, Administrator of CDES Susan Istenes, Zoning Director JeffKlatzkow, Chief Assistant County Attorney Catherine Fabacher, LDC Coordinator Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ;'\ LDC AGENDA January 16, 2008 5:05 p.m. SPECIAL MEETING 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 BY ORDINANCE 2004-05 AND 2007-24, 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". 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 BE LIMITED 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 PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF Page 1 January 16, 2008 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 IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN Page 2 January 16,2008 January 16,2008 CHAIRMAN HENNING: I call the Land Development Code amendments, Cycle 2, for 2007 to order. Would you all rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: Okay. Commissioners, I want you to look at your cover page. This was received yesterday during our BCC meeting. And if you'd turn to the page after the second page, it shows the time line when meetings are to take place and packages to be delivered. I spoke to Mr. Schmitt and others. We're going to have two meetings to hear this issue. I haven't had time to review it. I don't see how anybody else could comprehend this meeting and, in fact -- or these amendments, and in fact, it does refer to other ones. So since it doesn't fit the time line, we are adjourned. MS. F ABACHER: Excuse me, Commissioner. For the record, Catherine Fabacher. I think we need to say that we are going to . continue this first hearing of the LDC amendments to Tuesday, January 22nd at nine a.m. CHAIRMAN HENNING: Is that a public hearing? MS. F ABACHER: Yes, sir. CHAIRMAN HENNING: Okay. And then we're going to have it -- so I'll correct it. We're going to -- MS. F ABACHER: Continue. CHAIRMAN HENNING: -- continue this to the -- January 22nd MS. F ABACHER: At nine a.m. CHAIRMAN HENNING: -- at nine a.m. MR. SCHMITT: In these chambers. MS. FABACHER: In these chambers. CHAIRMAN HENNING: In these chambers. MS. F ABACHER: Thank you, sir. CHAIRMAN HENNING: Okay. Page 2 January 16,2008 MS. F ABACHER: Thank you. CHAIRMAN HENNING: Do you want us to take these handouts, too? MR. SCHMITT: Yes, sir. MS. F ABACHER: Sir, excuse me. Commissioner, these are duplicates of what's in the book just because it's easier to refer to during the meeting and not have to flip back and forth. That's all they're there for. CHAIRMAN HENNING: Okay. Thank you. COMMISSIONER COLETTA: I wish I knew you were going to do that. I wouldn't have spent four hours going through this. CHAIRMAN HENNING: I haven't had time to go through it. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:08 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TOM HENNING, Chairman ATTEST: DWIGHT E. BROCK, CLERK Page 3 January 16,2008 These minutes approved by the Board on presented or as corrected , as (Chairman Henning left the hearing room, and a brief recess was had.) ***** COMMISSIONER COLETTA: Could we look up the Robert's Rules of Order to see if -- MS. FABACHER: We're off. We're off. MR. KLA TZKOW: I'd be happy to do that, but we're adjourned. COMMISSIONER HALAS: We've already adjourned. He adjourned us. COMMISSIONER COLETTA: But doesn't it require a vote? I don't recall a motion being made to adjourn or to adjourn. COMMISSIONER HALAS: He just said, we're adjourned. MR. KLATZKOW: Commissioner, I believe we're adjourned. COMMISSIONER COLETTA: Do you believe or do you know that for a fact? There's no other alternative, I mean, where we could get a fourth commissioner in here and continue this meeting? We're prepared. Three people are prepared, one isn't. MR. KLATZKOW: I believe we're adjourned at this point in time. COMMISSIONER COLETTA: The word belief -- I'm sorry. I don't mean to be speaking out of turn, because you would be in charge right at this moment. But the word belief is kind of you're -- it indicates that there's some un-decision. MR. KLATZKOW: It's my opinion at this point in time that we're adjourned. Page 4 January 16,2008 MS. F ABACHER: Do you know Robert's Rules? THE COURT REPORTER: I don't know. MR. SCHMITT: I'm going to take us off the record. ***** TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 5 ~----""-'--"'-'-_.---- ._-_.-.---~--~------~._. .,._.__._.~". January 16, 2008 MS. F ABACHER: Thank you. CHAIRMAN HENNING: Do you want us to take these handouts, too? MR. SCHMITT: Yes, sir. MS. F ABACHER: Sir, excuse me. Commissioner, these are duplicates of what's in the book just because it's easier to refer to during the meeting and not have to flip back and forth. That's all they're there for. CHAIRMAN HENNING: Okay. Thank you. COMMISSIONER COLETTA: I wish I knew you were going to do that. I wouldn't have spent four hours going through this. CHAIRMAN HENNING: I haven't had time to go through it. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:08 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL :;Z:CTS UND~R ITS CONTROL TOM HENNING, C airman .'" ATTEST: DWIGHT E. BROCK, CLERK ~~. ~. ..~ O.G. . M.t.st as to 1 s I tgialtln 011 J ~ Page 3 January 16,2008 These minutes approved by the Board on a--{ <1-'?fOrK , as presented V or as corrected (Chairman Henning left the hearing room, and a brief recess was had.) ***** COMMISSIONER COLETTA: Could we look up the Robert's Rules of Order to see if -- MS. F ABACHER: We're off. We're off. MR. KLATZKOW: I'd be happy to do that, but we're adjourned. COMMISSIONER HALAS: We've already adjourned. He adjourned us. COMMISSIONER COLETTA: But doesn't it require a vote? I don't recall a motion being made to adjourn or to adjourn. COMMISSIONER HALAS: He just said, we're adjourned. MR. KLATZKOW: Commissioner, I believe we're adjourned. COMMISSIONER COLETTA: Do you believe or do you know that for a fact? There's no other alternative, I mean, where we could get a fourth commissioner in here and continue this meeting? We're prepared. Three people are prepared, one isn't. MR. KLATZKOW: I believe we're adjourned at this point in time. COMMISSIONER COLETTA: The word belief -- I'm sorry. I don't mean to be speaking out of turn, because you would be in charge right at this moment. But the word belief is kind of you're -- it indicates that there's some un-decision. MR. KLATZKOW: It's my opinion at this point in time that we're adjourned. Page 4