Agenda 04/24/2018 Item #16K11 Proposed Agenda Changes
Board of County Commissioners Meeting
April 24,2018
Withdraw Item 6A: Public Petition request from Ave Maria Development,LLLP,(Richard D.
Yovanovich representing Barron Collier Companies),requesting that the Board of County
Commissioners discuss the Town of Ave Maria commitment to provide a public facility site for
Fire,Sheriff,EMS and County facilities. (Petitioner's request)
Move Item 16Al2 to Item 11F: Recommendation to hear Land Development Code
Amendments at two regularly scheduled daytime hearings and waive the nighttime hearing
requirement. (Commissioner Taylor's request)
Move Item 16K11 to Item 12B: Recommendation that the Board direct the County
Attorney to advertise an ordinance expanding the powers of the Special Magistrate.
(Commissioner Taylor's request)
Note:
Solicitation Number on Item 16D6 marked incorrectly on Executive Summary resulting in a
Scrivener's Error: Recommendation to approve the selection committee rankings and to
authorize entering into contract negotiations for Request for Professional Services(RPS) 17 7249
18-7249,"Domestic Animal Services Building Design Renovation"(Project 50145),with the top-
ranked firm,ADG Architecture. (Staff's request)
Time Certain Items:
Item 11A to be heard immediately following Item 9C
4/24/2018 8:28 AM
04/24/2018
EXECUTIVE SUMMARY
Recommendation that the Board direct the County Attorney to advertise an ordinance expanding
the powers of the Special Magistrate, and eliminating the Special Magistrate Review Board.
OBJECTIVE: To expand the powers of the Special Magistrate and eliminate the Special Magistrate
Review Board.
CONSIDERATIONS: Staff is in the process of finalizing an agreement for a new Special Magistrate, as
the current agreement is scheduled to expire on May 15, 2018. Staff would like to include t he following
duties as part of the new agreement:
“vendor payment dispute hearings, procurement bid protests and such other similar administrative
hearings (collectively, the “hearing services”).”
The current jurisdiction of the Special Magistrate is as follows:
Sec. 2-2021. - Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jurisdiction to hear and decide cases as the
Enforcement Board, and may also hold hearings on contested citations under the procedures
set forth in Article V herein, issued by but not limited to, the Collier County Sheriff's office,
the Collier County Code Enforcement Department, Domestic Animal Services, and the
Utility Billing and Customer Services Departments for violation of local codes and
ordinances. In addition, the Special Magistrate shall have jurisdiction to hear appeals of
dangerous dog determinations pursuant to F.S. ch. 767.
Pursuant to the Procurement Ordinance, the County Manager may assign the Special Magistrate to hear
vendor payment dispute hearings and procurement bid protests. There is no current provision, however,
that specifically empowers the Special Magistrate to hear “similar administrative hearings.”
The County Attorney believes that providing the Special Magistrate with the ability to hear additional
administrative matters could prove useful and reduce potential litigation costs, as it would create a new,
inexpensive administrative avenue for dispute resolution. Accordingly, the County Attorney believes that
adding the following language to the above quoted ordinance provision would be a benefit:
“…In addition, the Special Magistrate shall have jurisdiction to hear appeals of dangerous dog
determinations pursuant to F.S. ch. 767 , together with such other matters as may be assigned by the
Board of County Commissioners, either for final decision or for a recommendation to the Board.”
In addition, the Special Magistrate Ordinance provides for a Special Magistrate Review Board. This
Board was included in the original ordinance based in part on concerns then raised by the Code
Enforcement Board, and in part as a review mechanism since the County had no prior experience with
this process. Since its inception, the Special Magistrate has greatly exceeded everyone’s expectations,
and accordingly this Board has had no reason to meet since the hiring of the first (and current) Special
Magistrate. At this time, neither staff nor the County Attorney believe that this board is necessary.
Accordingly, it is recommended that the Special Magistrate Ordinance be amended to eliminate the
Special Magistrate Review Board, and to expand the powers of the Special Magistrate, as follows:
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DIVISION 3. - SPECIAL MAGISTRATE
Sec. 2-2021. - Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board,
and may also hold hearings on contested citations under the procedures set forth in Article V herein,
issued by but not limited to, the Collier County Sheriff's office, the Collier Coun ty Code Enforcement
Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for
violation of local codes and ordinances. In addition, the Special Magistrate shall have jurisdiction to
hear appeals of dangerous dog de terminations pursuant to F.S. ch. 767, together with such other matters
as may be assigned by the Board of County Commissioners, either for final decision or for a
recommendation to the Board.” (Ord. No. 2010-04, § 1)
Sec. 2-2022. - Qualification, appointment, and removal of Special Magistrates.
Appointment of a Special Magistrate shall be based on the following qualifications and terms:
(1) The Commission shall appoint as many Special Magistrates as deemed necessary.
(2) Special Magistrates shall at min imum: (a) be a graduate of a law school accredited by the American
Bar Association; (b) demonstrate knowledge of administrative law, land use law and local government
regulations and procedures; (c) be a member in good standing with the Florida Bar; and (d ) be either a
certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a
recognized Arbitration Association, or a former judge; and (e) meet other such qualifications that may
be established by resolution of the Commissio n.
(3) Special Magistrate appointment shall be for a two -year term. Upon recommendation of the Special
Magistrate Review Board, a Any Special Magistrate may be reappointed at the discretion of the
Commission. There shall be no limit on the number of reapp ointments that may be given to any
Special Magistrate; provided a determination for removal or reappointment is made for each
individual Special Magistrate at the end of each two -year term. The Commission shall have authority
to remove a Special Magistrate with or without cause upon ten days written notice.
(4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review
Board determines that the Special Magistrate should not be reappointed, the Review Board shall m ake
a recommendation for reappointment from the candidates previously interviewed to fill the vacancy
within 30 days. (Ord. No. 2010 -04, § 1)
Sec. 2-2023. - Establishment of a Special Magistrate Review Board.
The Commission shall create a Special Magistrat e Review Board, comprised of two members of the
Code Enforcement Department; one member from the Office of the Collier County Attorney; and two
sitting members of the Code Enforcement Board. The duty of the Review Board shall be to recommend
appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the
Special Magistrate(s) in order to recommend the removal or reappointment of said Special
Magistrate(s) to the Commission. (Ord. No. 2010 -04, § 1)
Staff intends to bring to the Board a proposed new Special Magistrate Agreement for the May 8th meeting.
If this item is approved, the County Attorney will advertise this proposed change so that it can be heard at
the same time.
FISCAL IMPACT: Estimated cost of advertising is $350.
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GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board directs the County Attorney to advertise an ordinance
amending the powers of the Special Magistrate and eliminating the Special Magistrate Review Board.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.11
Doc ID: 5395
Item Summary: Recommendation that the Board direct the County Attorney to advertise an
ordinance expanding the powers of the Special Magistrate.
Meeting Date: 04/24/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
04/16/2018 1:12 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/16/2018 1:12 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/16/2018 1:30 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2018 2:52 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/16/2018 3:09 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/17/2018 2:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM
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