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BCC Minutes 02/17/1993 S Naples, Florida, February 17, 1993 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 districts as have been created according to law and having conducted business herein, met on this date at 5:05 P.M. tn SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: Ellle Hoffman, Deputy Clerk; Nell Dorrtll, County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney; Tom Palmer, Assistant County Attorney; Frank Brutt, Community Development Services Administrator; Ken Baginski, Current Planning Manager; Bob Lord, Planner; Sue Filson, Administrative Assistant to the Board; and Lieutenant Byron Toml~nson, Sheriff's Office. Page February 17, 1993 {o~ Item CONSIDERATION OF AN ORDINANCE AMENDING THE CURRENT NEWSRACK ORDINANCE NO. 86-85 - SECOND PUBLIC HEARING TO BE HELD 3/3/93 AT 5:05 P.M. Legal notice having been published in the Naples Daily News on January 28 and 29, 1993, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders announced that this is the first of two public hearings In reference to an ordinance amending the current Newsrack Ordinance. Commissioner Saunders advised that he understands that staff has had significant meetings with the newspaper vendors and many affected property owners in various locations, and the problematic areas of the ordinance have been worked out. Planner Lord reported that the proposed ordinance, amending the current Newsrack Ordinance changes the standards for newsracks placed within rights-of way. He noted that associated with the amended ordi- nance is an agreement with the Vanderbilt Beach Homeowners Association, the area newspapers distributors and Collier County. He indicated that all those concerned have agreed to and signed the sub- Ject agreement, which allows staff to present the amended ordinance as opposed to the alternative repealing ordinance. Mr. Lord explained that now that the format has been established with the Vanderbilt Beach Homeowners, a similar agreement is currently being drafted for the Marco Island area. He stated that staff recom- mends that the Commission enact the proposed amended Newsrack Ordinance and approve the Vanderbilt Beach Newsrack Agreement. In response to Commissioner Volpe, Mr. Lord related that it has been agreed that 12 newsracks may be placed at the various locations, however, this number could be doubled if two-tiered racks are used. In answer to Commissioner Volpe, Planner Lord reported that there is a provision in the amended ordinance indicating that there is a day grace period allowed for acceptable existing newsracks. Page 2 February 17, 1993 Mr. Art Jacob spoke with regard to this Item. County Attorney Cuyler advised that there is a minimum width of 3" between the newsracks, however, there is no maximum. He cited that he does not believe the newspaper vendors would have a problem with a maximum width of 8", 10" or 12" between racks. Commissioner Saunders concurred that it may be a good idea to have a maximum width between newsracks. Mr. Lord clarified the record, noting that the intent ts that of a 3" maximum separation between racks. Commissioner Saunders asked that Mr. Lord so advise the newspapers vendors of the proposed 3" maximum separation. Planner Lord stated that the second public hearing to consider the amended ordinance will be conducted on March 3, 1993 at 5:05 P.M. County Attorney Cuyler advised that this hearing ts the continued first hearing. He explained that the second public hearing was sche- duled for this date, advising that it should be continued. Commissioner Norris moved, seconded by Couisstoner Constantine and carried unanimously, to close the first public hearing on the pro- posed ordinance a~endtng the current Me. stack Ordinance No. 86-85. Commissioner Norris moved, seconded by Commissioner Constantine and carried unanimously, to continue the second public hearing regarding the proposed ordinance a~ending the current Newsrack Ordinance 86-85 to March 3, 1993 at 6:05 P.M. Page 3 February 17, 1993 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - ATT : ': DWI~,H~ g. BR~ocK, C~,RK as p~ese~ted,~ ~ o~ as co~recte8 Time: 5:20 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN Page