Agenda 10/08/2013 Item #17B Proposed Agenda Changes
Board of County Commissioners Meeting
October 8,2013
Add On Item 11E: Recommendation to approve and authorize the Chairwoman to sign a First Amendment to Joint Participation
Agreement between the Florida Department of Transportation and Collier County to receive reimbursement for Construction services
on the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR90,along with the County's US-41 and SR/CR-
951 intersection project;to execute a Resolution memorializing the Board's action;and,to authorize the necessary budget amendment;
Project 60116. (Staffs request)
Add On Item 12A: Recommendation that the Board adopt a Resolution approving Amendment No.2 to the Utility Work by Highway
Contractor Agreement(UWHCA)between the State of Florida Department of Transportation(FDOT)and the Collier County Water-
Sewer District(UAO)as amended by Appendix,Changes to Form Document,Amendment Number 1 dated April 23,2013. (County
Attorney's request)
Continue Item 16D2 to the October 22,2013 BCC Meeting: Recommendation to approve amendment No.1 to the Community
Development Block Grant(CDBG)Agreement between Collier County and Goodwill Industries of SW Florida,Inc. (Commissioner
Nance's request)
Continue Item 16D3 to the October 22,2013 BCC Meeting: Recommendation to approve amendment#1 to the FY2012-2013
agreement between Collier County and Naples Equestrian Challenge for the Community Development Block Grant(CDBG)project
previously approved by the Board on May 14,2013. (Fiscal Impact$0). (Staffs request)
Continue Item 16D7 to the October 22,2013 BCC Meeting: Recommendation to approve substantial amendments to the FY2009-
2010 and FY2010-2011 Annual Action Plans to clarify the project scope and project funding for Goodwill Industries Microenterprise
Project and Immokalee Housing&Family Services Sanders Pines Playground Upgrades.This action also reduces the funding allocation
for Goodwill Industries Microenterprise Program from$32,949 to$32,640.10 utilizing U.S.Department of Housing and Urban
Development(HUD)Community Development Block Grant(CDBG)funds. (Commissioner Hiller's request)
Continue Item 16D9 to the October 22,2013 BCC Meeting: Recommendation to approve a Home Investment Partnerships(HOME)
Program Developer Agreement between Collier County and Big Cypress Housing Corporation(BCHC)for construction of a Multi-
Family Rental Housing Project consisting of a minimum of Ten Single Family Rental Housing Units (Fiscal Impact$1,144,000). (Staffs
request)
Move Item 16D12 to Item 11F: Recommendation to award Bid(ITB)#13-6136 for"Forest Lakes MSTU Phase II&III Sidewalk,
Lighting,Landscape and Turn Lane Improvements"Project to Quality Enterprises Inc.,in the amount of$948,353.43. (Commissioner
Henning's request)
Continue Item 16F2 to the October 22,2013 BCC Meeting: Recommendation to adopt criteria defining and classifying activities
using tourist tax revenue that"promotes tourism." (Commissioner Fiala's request)
Continue Item 16F3 to the October 22,2013 BCC Meeting: Recommendation to approve an amendment to
the Tourism Travel Expense Resolution 2006-40 related to County Purchasing Card limits consistent with the
County Purchasing Policy and make a finding that this item promotes tourism. (Staff's request)
Move Item 17B to Item 9A: Recommendation to adopt an
ordinance amending Ordinance No. 2013-25, the Collier
County Hearing Examiner Ordinance. (Commissioner
Fiala's request)
10/8/2013 17.B.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 2013-25, the Collier
County Hearing Examiner Ordinance.
OBJECTIVE: To clarify the powers and duties of the Collier County Hearing Examiner, as set
forth in Ordinance No, 2013-25, specifically, those decisions relating the "minor conditional
uses."
CONSIDERATIONS: The 1967 Collier County Special Act (Laws of Fla. ch. 67-1246, as
amended by Laws of Fla. ch. 2001-344), specifically authorizes the Board of County
Commissioners to implement a county hearing examiner program by county ordinance. More
specifically, County Land Development Code Sec. 8.02.01.0 provides that "In addition to any
authority granted to the Board of County Commissioners (BCC) by general or special law, the
Board of County Commissioners (BCC) shall have the following powers and duties: To
designate and appoint hearing officers to make decisions as the BCC may deem appropriate. "
At its March 26, 2013 regular meeting the Board of County Commissioner (Board)
adopted Ordinance No. 2013-25,which established the Office of the Hearing Examiner under the
terms and conditions set forth in the Ordinance.
Section Five of Ordinance No. 2013-25 sets forth the powers and duties of the Hearing
Officer, including the duty to hear requests for minor conditional uses. Since adoption of
Ordinance No. 2013-25, the Board has commented on the need to better define "minor
conditional uses." Staff presented language to the Collier County Planning Commission (CCPC)
for consideration during the hearing on the Administrative Code and accompanying Land
Development Code amendments. The Collier County Planning Commission reviewed staff s
language, and staff offered modifications to Section Five, Paragraph 3 of the Hearing Examiner
Ordinance based on the input of the CCPC.
The Board reviewed these modifications on September 24, 2013 (Agenda Item 12-D) and
authorized the County Attorney to advertise an ordinance that provides for the following
amendments to the Hearing Examiner Ordinance:
SECTION FIVE: Powers and Duties of the Hearing Examiner.
The Hearing Examiner shall have the following powers and duties:
* * * * *
3. Conditional Uses. The Hearing Examiner will hear and decide all requests for
minor conditional uses. For purposes of this section, a minor conditional use is one
which does not require Environmental Advisory Council review and which is not a case
of great public interest or concern as determined in the discretion of the Hearing
Examiner. However, any member of the Board of County Commissioners may direct any
conditional use to be heard by the Planning Commission in an advisory capacity and then
Board of Zoning Appeals for final action. In reaching his decision,the Hearing Examiner
must consider:
Packet Page -2810-
10/8/2013 17.B.
a. the factors and criteria set forth in LDC Sec. 10.08.00.D;
b. the relevant matters set forth in an applicant's written petition;
c. the testimony of any applicant or agent;
d. the recommendation of staff; and
e. the testimony of the public.
As part of his decision, the Hearing Examiner must make the findings required by LDC
Sec. 10.08.00.D, and may place appropriate conditions and safeguards as set forth in
LDC Sec. 10.08.00.E.
* * * * *
FISCAL IMPACT: The cost to advertise the proposed amending ordinance was $259.38.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed amending
ordinance and approves same as to form and legality. Majority Board support is required for
adoption. —JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
ordinance amending Ordinance No. 2013-25, the Collier County Hearing Examiner Ordinance.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Packet Page-2811-
10/8/2013 17.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 2013-
25, the Collier County Hearing Examiner Ordinance.
Meeting Date: 10/8/2013
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
9/25/2013 3:52:43 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 9/26/2013 8:18:49 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/26/2013 9:09:06 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/26/2013 6:03:51 PM
Name: OchsLeo
Title: County Manager
Date: 9/29/2013 9:31:20 AM
Packet Page-2812-
10/8/2013 17.B.
ORDINANCE NO. 2013-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE OF
ORDINANCE NO. 2013-25, THE COLLIER COUNTY HEARING
EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES
OF THE HEARING EXAMINER AS IT RELATES TO MINOR
CONDITIONAL USES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, The 1967 Collier County Special Act (Laws of Fla. ch. 67-1246, as
amended by Laws of Fla. ch. 2001-344), specifically authorizes the Board of County
Commissioners to implement a county hearing examiner program by county ordinance; and
WHEREAS, the Collier County Land Development Code Sec. 8.02.01.0 provides that
"In addition to any authority granted to the Board of County Commissioners (BCC) by general
or special law, the Board of County Commissioners (BCC) shall have the following powers and
duties: To designate and appoint hearing officers to make decisions as the BCC may deem
appropriate. "
WHEREAS, on March 26, 2013, the Board of County Commissioners (Board) adopted
Ordinance No. 2013-25, the Collier County Hearing Examiner Ordinance, which established the
Office of the Hearing Examiner under the terms and conditions outlined in the Ordinance; and
WHEREAS, Section Five of Ordinance No. 2013-25 sets forth the powers and duties of
the Hearing Officer, including the duty to hear requests for minor conditional uses; and
WHEREAS, since adoption of Ordinance No. 2013-25, the Board has commented on the
need to better define"minor conditional uses."
WHEREAS, Staff presented proposed amendments to the Collier County Planning
Commission (CCPC) for consideration. The CCPC reviewed staff's language, and staff offers
the following modifications to Section Five, Paragraph 3 of the Hearing Examiner Ordinance
based on the input of the CCPC; and
WHEREAS, accordingly, the Board desires to amend Section Five, Paragraph 3 of the
Hearing Examiner Ordinance as follows.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added;Wordsteugh are deleted.
Packet Page -2813-
10/8/2013 17.B.
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO.2013-25.
Section Five of Ordinance No. 2013-25 is hereby amended as follows:
SECTION FIVE: Powers and Duties of the Hearing Examiner.
The Hearing Examiner shall have the following powers and duties:
* * * * *
3. Conditional Uses. The Hearing Examiner will hear and decide all requests for
minor conditional uses. For purposes of this section, a minor conditional use is one which does
not require Environmental Advisory Council review and which is not a case of great public
interest or concern as determined in the discretion of the Hearing Examiner. However, any
member of the Board of County Commissioners may direct any conditional use to be heard by
the Planning Commission in an advisory capacity and then Board of Zoning Appeals for final
action. In reaching his decision, the Hearing Examiner must consider:
a. the factors and criteria set forth in LDC Sec. 10.08.00.D;
b. the relevant matters set forth in an applicant's written petition;
c. the testimony of any applicant or agent;
d. the recommendation of staff; and
e. the testimony of the public.
As part of his decision, the Hearing Examiner must make the findings required by LDC Sec.
10.08.00.D, and may place appropriate conditions and safeguards as set forth in LDC Sec.
10.08.00.E.
* * * * *
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Words Underlined are added;Words Stmel gh are deleted.
Packet Page-2814-
10/8/2013 17.B.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA pow
By: By:
,Deputy Clerk GEORGIA A. HILLER,ESQ.
CHAIRWOMAN
Appro -,.• - i 4 .Aorm and legality:
Ed f
ILA e.
Jeffrey • K �; ow
County • •' '''-y
Words Underlined are added;Words Stfitek-Tlicengh are deleted.
Packet Page-2815-
10/8/2013 17.B.
ZOD Friday, September 27,2013 D NAPLES DAILY NEWS
•
•
•
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that'on Tuesday; October 8, 2013, in the Board of County
Commissioners Meeting Room, 3rd Floor, Building "F,` Collier County Government
Center, 3299 Tamiami Trail East, Naples, Florida, 34112,the Collier County Board of
County Commissioners will consider the enactment of a County .ordinance. The
meeting will commence at 9:00 A.M. The title or the proposed ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING SECTION FIVE OF ORDINANCE NO. 2013-25, THE
COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS
AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL
.USES;PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any.item. The selection of an
individual to speak on behalf of an organization or group is.encouraged. If
recognized by the Chairman, a.spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the,public hearing. All material used in presentations before the Board will
become a permanent part of the record.
•
Any person Who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim re-
cord of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based. .•
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 certain assistance. .Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office. '
BOARD OF COUNTY COMMISSIONERS •
COLLIER COUNTY,FLORIDA • •
GEORGIA A.HILLER,ESQ,CHAIRWOMAN •
DWIGHT E.BROCK,CLERK
' By: Ann Jennejohn,Deputy Clerk
(SEAL)
September 27.2013
No.2001939 •
•
Packet Page-2816-