Agenda 09/24/2019 Item #16H 1 (Hearing Examiner Annual Activity Report)Proposed Agenda Changes
Board of County Commissioners Meeting
September 24, 2019
Withdraw Item 16C8: Recommendation to terminate the Technical Assistance Interlocal
Agreement between Collier County, the Collier County Water- Sewer District, and the City of
Everglades City, consistent with the City's request. (Staff’s request)
Move Item 16H1 to Item 10C: Presentation of Hearing
Examiner’s Annual Activities Report to the Board of County
Commissioners. (Commissioner Solis’ request)
Move Item 16C2 to Item 11E: Recommendation to approve the annual rate resolution to
establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities,
including landfill tipping fees, recycling drop-off center fees, and residential multi-family and
commercial waste collection fees for Fiscal Year 2020 (FY20). This resolution adopts the rates
that fund the FY20 budget for solid waste collection and disposal and increases the rate to 2.9
percent on landfill tipping fee and 2.0 percent for residential solid waste collection
assessments. (Commissioner Taylor’s request)
Move Item 16K3 to Item 12B: Request by the Collier County Industrial Development
Authority for approval of a Resolution authorizing the Authority to issue revenue bonds to be
used to finance educational facilities for the Community School of Naples, Inc.
(Commissioner Solis’ request)
Time Certain Items:
Item 10A to be heard at 9:50 a.m.
Companion Items 9A and 9B to be heard no sooner than 10:00 a.m.
9/24/2019 9:21 AM
09/24/2019
EXECUTIVE SUMMARY
Presentation of Hearing Examiner’s Annual Activities Report to the Board of County
Commissioners.
______________________________________________________________________________
OBJECTIVE: To respond to the Board of County Commissioners’ request for an annual report
of the Collier County Hearing Examiner’s office.
CONSIDERATIONS: The Hearing Examiner reports directly to the Board of County
Commissioners. At the May 14, 2019 meeting of the Board of County Commissioners, the
Hearing Examiner was directed to provide an annual report of the activities and workload for his
office. The report attached to this Executive Summary is provided as a response to that directive.
The Hearing Examiner has been and continues to be available to meet individually with
commissioners regarding any items of interest or concern.
FISCAL IMPACT: There is no fiscal impact associated with acceptance of this report.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises
no legal issues, and requires majority vote for acceptance of the report. -JAK
RECOMMENDATION: That the Board of County Commissioners accepts the annual
activities report of Hearing Examiner Mark Strain.
Prepared by: Mark Strain, Hearing Examiner
ATTACHMENT(S)
1. 2019 HEX Annual Report (PDF)
16.H.1
Packet Pg. 2608
09/24/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.1
Doc ID: 10102
Item Summary: Presentation of Hearing Examiner’s Annual Activities Report to the Board of
County Commissioners.
Meeting Date: 09/24/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
09/11/2019 8:56 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/11/2019 8:56 AM
Approved By:
Review:
Office of Management and Budget Wanda Rodriguez Level 3 OMB Gatekeeper Review Skipped 09/11/2019 8:53 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/12/2019 11:06 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/16/2019 2:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM
16.H.1
Packet Pg. 2609
TO: Board of County Commissioners
FROM: Mark Strain
DATE: September 24, 2019
RE: Annual Report for Hearing Examiner’s Office (HEX)
________________________________________________________________________
At the May 14, 2019 meeting of the Board of County Commissioners (BCC), the HEX office was
directed to provide an annual report of the activities and workload for the office. This report is provided
as a response to that directive.
The HEX office has been assigned the review of approximately 20 land use actions, none of which are
considered actions that change the zoning on a property. The HEX office began processing in 2013 and
has continued for the past 6 years. Through last month, there have been 240 cases since the beginning,
all of which have been processed without an appeal to the BCC. In addition to the assigned land use
actions, the HEX office is occasionally utilized for specific reviews by the BCC such as the Haldeman
Creek docks, Racetrac at Palm Street, and most recently the Trio appeal.
The following is a summary list and quantity of each land use action that has occurred over the past year
through the HEX office:
Conditional Uses: 8
PUD changes: 10
Boat Dock extensions: 13
Sign Variances: 2
Variances: 10
Parking Exemptions: 1
Comparable uses: 3
Site Plan with Deviations: 2
Non-Conforming Uses: 2
As sorted above, since September of 2018 thru August of 2019, the HEX office has processed 51 of the
assigned land use actions. These 51 actions have substituted for a comparable 75 actions if processed
via the Planning Commission (CCPC) and Board of County Commissioners (BCC).
The HEX office has provided a reduction in processing time and thus costs for the BCC, applicant and
taxpayers.
16.H.1.a
Packet Pg. 2610 Attachment: 2019 HEX Annual Report (10102 : Presentation of Hearing Examiner’s Report to the Board of County Commissioners.)
In addition to the land use actions of the HEX office, the activities of the CCPC have involved
considerable time. Over the past year, the CCPC has heard the following land use actions as
recommendations to the BCC:
Planned Unit Development Amendments: 12
Planned Unit Developments: 7
Growth Management Plan Amendments: 6
Other land use actions: 6
Legislative reviews: 16
As sorted above, since September of 2018 thru August of 2019, the CCPC has processed 47 total
actions, of which 31 have been land use related and 16 legislative in nature. These 47 actions have been
processed as primarily recommendations to the BCC.
Besides the activity involving the HEX land use application and the CCPC zoning and legislative action,
the HEX office routinely responds to phone calls, emails, staff meetings, requests for research, public
outreach and other matters as may be referred to the office by the BCC.
In addition to the annual status report, on May 14th the BCC requested information on further
responsibilities for the HEX office to manage. In response, the following are discussion points for
possible considerations, all of which would be subject to establishing criteria:
1. Expand site plan with deviations to include residential and infill parcels.
2. Review the close out of PUD’s
3. Create a public process for major special events
4. Disposition of Code Enforcement fines
5. Approval of plats
6. Street name changes
7. Establish a cut-off point for moving actions to other review boards from the HEX office (i.e.: when
does “heightened public concern” cause a move).
16.H.1.a
Packet Pg. 2611 Attachment: 2019 HEX Annual Report (10102 : Presentation of Hearing Examiner’s Report to the Board of County Commissioners.)