BCC Minutes 10/21/1992 S Naples, Florida, October 21, 1992
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. in SPECIAL SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Michael J. Volpe
VICE-CHAIRMAN: Richard S. Shanahan
Burr L. Saunders
Max A. Hasse, Jr.
(Absent) Patrtcia A. Goodnight
ALSO PRESENT: Ellie Hoffman, Deputy Clerk; Netl Dorrill, County
Manager; Ken Cuyler, County Attorney; Mar~orie Student, Thomas Palmer
and Richard Yovanovtch, Assistant County Attorneys; George Archibald,
Transportation Services Administrator; David Pettrow, Development
Services Director; Stan Litsinger, Growth Management Director; Ken
Baginski, Planning Services Manager; Greg M~halic, Affordable Housing
Director; Robert Lord, Planner; and Deputy Byron Tomltnson, Sheriff's
Office.
Page
October 21, 1992
ese Co~iseloner Goodnight absent aa reflected by 4/0 votes
Tape #1
(9~)
P~ECOP~ENDATION TO CONSIDER AMeNDmENTS TO THE PARKS AND RECREATIONAL
FACILITIES, LIBRARY FACILITIES, EMERGENCY MEDICAL SERVICES FACILITIES
AND ROADS IMPACT F~E ORDINANCES - CONTINUED TO A DATE AFTER 11/17/92
Legal notice having been published in the Naples Daily News on
September 29, 1992, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Assistant County Attorney Yovanovich detailed the amendments to
the Parks and Recreational Facilities, Library Facilities, Emergency
Medical Services Facilities and Roads Impact Fee Ordinances.
Affordable Housing Director M]ha]ic spoke briefly to the deferral
of impact fees.
,aa Co~iesionsr Shanahan left the meeting at this time '''
The following persons spoke with regard to the amendments to the
Impact Fees:
Brian Weber
David Granger
Allan Rudell
Ed Scheerer
A discussion ensued relative to continuing the public hearing
regarding the impact fee amendments until after the three new com-
missioners begin serving their terms on the Commission in November.
Comissioner Volpe ~oved, seconded by Co--lssioner Hasle and
carried $/0 (Co~liaaioners Shanahan and Goodnight absent), that the
first public hearing to consider uendments the Impact Fee Ordinances
be continued to a date after November 17, 1992.
ese Recess 5:55 P.M. - Reconvened 6:00 P.M. ese
lieu #3A
CONSIDerATION TO I~EPEAL TH~ CURRENT NEW, RACK ORDINANCE 86-85 - SHORT
~ ~ ~ O~IN~CES TO BE ~TISED FOR FI~T ~ SKCO~
~IC ~INGS ~ 11/17/92
Legal notice having been published in the Naples Daily News on
September 29, 1992, as evidenced by Affidavit of Publication filed
~OOK []00PAGE 03 Page 2
October 21, 1992
with the Clerk, public hearing was opened.
Commissioner Volpe stated that he has been advised by the County
Attorney's office that numerous meetings have been held with the
publishers, concerned citizens and neighborhood groups with respect to
the Newsrack Ordinance.
Planner Lord announced that the Executive Summary addresses the
repeal of the current Ordinance 86-85. He noted that a meeting took
place this afternoon in which the news media, the Vanderbilt Beach
Property Owners' Association and the County concur with an agreement
and locational requirements for the Vanderbilt Beach area. He indi-
cated that because of this, the short form ordinance, as presented,
would apply.
Mr. Lord stated that he believes that there will be a signed
agreement by the time the next public hearing is held.
In answer to Commissioner Vo]pe, Mr. Lord reported that the short
form ordinance would apply to the entire county.
Mr. Lo~d explained that the current ordinance is lacking specific
development standards that allowed the newsracks to be placed anywhere
w/thin the county. He revealed that there has been a significant
amount of damage to roadways and parkways in addition to concerns with
regard to the safety and health issue.
Commissioner Saunders voiced concern relative to the advertising
of the ordinance subject to this evening's hearing. He stated that
drafts of a short form ordinance, long form ordinance and a voluntary
agreement have been presented by staff, however, members of the public
have not had the opportunity to review this information.
Assistant County Attorney Weigel advised that he does not believe
that the public has had the opportunity to review the short form ordi-
nance or the voluntary agreement.
Commissioner Volpe remarked that this may be a grey area as to
whether the ordinance has been properly advertised and suggested that
thie hearing be converted into a workshop and allow any interested
persons to speak on this issue.
Page 3
October 21, 1992
Co~temtoner Saunders moved, seconded by Commissioner Hasee and
cmrrted 3/0 (Co~missioners Shanahan and Goodntght absent), that the
short and long form ordinances be readvertised for first and second
public hearings to a date after November 17, 1992.
The following persons spoke to the issue of the newsrack ordin-
ance:
John Cardtllo
John Gibbons
Corbtn Wyant
Art Jacob
Lee Layne
Ktm Kobza
:' Tape #2
In response to Commissioner Volpe, Assistant County Attorney
Palmer explained that the ex/sting newsrack ordinance provides that a
14 day written notice be given if a newsrack ts tn violation, however,
a one year grace period will be given for newsracks that are thrown
i~ .. Into non-comformance by new provisions tn the ordinance.
>,!' (235)
AN~DN~IT OF ~ ADEQUATE PUBLIC FACILITIES ORDINANCE 90-24 - SECOND
PUBLIC ~%RING TO BE ~T~LD ON 11/4/92
Legal notice having been published tn the Naples Dally News on
September 29, 1992, as evidenced by Affidavit of Publication flied
with the Clerk, public hearing was opened.
Growth Management Director Litsinger announced that this ts the
first of two public hearings to be conducted relative to a proposed
amendment to Subsection 8.3.4.1 of the Adequate Public Facilities
Ordinance. He indicated that staff proposes to amend the ordinance to
allow a broader range of conditions to impose an application fee.
Mr. Lttstnger referred to a hand-out depicting responses received
from a survey of other Florida counties having concurrency management
~)':!.,' programs and their fee structures, as charged (copy not provided to
?the Clerk's Office).
Mr. Lttsinger called attention to a three page handout (copy not
provided to the Clerk's Office), reflecting alternative fee schedules.
October 21, 1992
Mr. Litsinger explained that the Planning Commission does not
endorse the amendment to the ordinance or the proposed resolution to
impose a minimum application fee, however, they did express a pre-
' ference for a certain fee schedule, if there is to be one.
Mr. Litsinger stated that he received a letter from Attorney
George Varnadoe, in disagreement to the amendment of the ordinance and
the proposed fee schedule.
Mr. Litsinger requested that the Commission provide direction for
the second public hearing on November 4, 1992, relative to amending
the ordinance and that direction be given with regard to the proposed
fee schedule or the alternatives to raise a substantial portion of the
operating costs of the program.
In answer to Commissioner Volpe, Mr. Litsinger advised that
currently the program is not generating the revenues for the pro-
cesslng of the Certificates. He indicated that staff is recommending
Alternative #1: $35 for single family and $50 for all other non-
single family applications.
There were no speakers.
Comtss~onsr Sa~nders moved, seconded by CommIssioner Hasse and
cmxr~ 3/0 (Com~ssioners Shanmhan and Goo~ght absent), to close
the ~bltc ~tng.
There being no further business for the Good of the County, the
meeting was adjourned b~ Order of the Chair - T/me: 7:05 P.H.
..; .,,, c _'. '
ATTEST ~ ::
~' .*',.;~,
r.~.;~... ...x~%
~t~ apgroved by the Board on
as presented;~ or as corrected
' ,j.?
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPE~ DISTRICTS UNDER ITS~
Page 5