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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