Agenda 06/09/2020 Item #11B (HEX Candidates)06/09/2020
EXECUTIVE SUMMARY
Recommendation to review candidates for the position of Hearing Examiner and direct the County
Manager or his designee to bring back a formal agreement with the selected individual/firm.
OBJECTIVE: To select a qualified candidate for the position of Hearing Examiner in order to facilitate
review of land use petitions in a timely, transparent, and efficient manner.
CONSIDERATIONS: On December 10, 2019, the Board directed staff to amend the Hearing Examiner
ordinance and solicit the position of Hearing Examiner to interested parties. While the previous Hearing
Examiner position was structured as a full-time employee, the Board directed staff to solicit the position
as an hourly, independent contractor reporting to the Board, modeled after the County’s Special
Magistrate position.
On February 25, 2020, the Board approved Ordinance 20-08, which amended sections in the Hearing
Examiner Ordinance related to the Powers and Duties and Conduct of the Hearing Examiner.
As of June 2, 2020, staff has received letters of interest from two attorneys, listed below in alphabetical
order, who meet the minimum qualifications for the Office of the Hearing Examiner identified in
Ordinance 13-25, as amended:
Clay Brooker, of Cheffy Passidomo, P.A.
The attached letter of interest indicates Mr. Brooker has been a licensed attorney located in Collier
County for 20 years. His practice focuses on land use/zoning law and he has been certified by the Florida
Bar as a specialist in city, county and local government law for the past ten years. Mr. Brooker has served
on the County’s Development Services Advisory Committee for 17 years and has appeared numerous
times before the Board, Collier County Planning Commission, and Hearing Examiner.
The attached letter of interest indicates an hourly rate of $250 for time spent on specific matters and a
base retainer of $1,000 per week to fulfill general administrative tasks associated with the Hearing
Examiner position. Mr. Brooker’s proposal indicates all Hearing Examiner services would be provided
solely by Mr. Brooker.
Andrew Dickman, Esq., AICP, of Dickman Law Firm
The attached Resume indicates Mr. Dickman is a licensed attorney and certified planner. He currently
serves as the City Attorney for St. Pete Beach City, Attorney for Dickman Law Firm, and Adjunct
Professor for the Ave Maria School of Law. Mr. Dickman has previously served on the Collier County
Environmental Advisory Council.
The attached retainer agreement indicates the following hourly rates:
Andrew Dickman $225 Hearing Examiner
Senior Attorney $180
Associate Attorney $150
Paralegal $100
Legal Assistant $50
Travel time $50 per hour (not applicable to hearings and meeting at county
administrative sites)
The letter also identifies a monthly administrative fee of $1,000 for routine telephonic and email
communications, and that additional expenses incurred by Dickman Law Firm will be charged to the
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County. Mr. Dickman’s proposal indicates Hearing Examiner services will be completed by a variety of
attorney’s and other legal staff to be assigned based upon experience and level of expertise.
Both candidates have requested a waiver of any potential conflict arising from their firm’s representation
of clients in Collier County. A full application and proposals are attached for each applicant.
Both candidates are qualified, and the proposed fee structure is comparable in impact while using varying
methods for the application of hours and rates. Attorney Brooker proposes to more directly manage the
duties and responsibilities, while attorney Dickman proposes to assign some of the responsibilities to staff
at varying rates. Based on the historical workload and prior approach, it is difficult to ascertain a detailed
difference in financial impact. That said, staff does not expect it to be financially material no matter
which approach is taken.
Staff recommends a short Q & A session with each proposer during the hearing. After selection, the
County Manager or his designee would work with the selected candidate and the County Attorney to
bring back a formal agreement for final approval.
Ordinance 2013-25, as amended, identifies that “the Hearing Examiner shall be appointed by an
affirmative vote of not less than three members of the Board of County Commissioners and serve at the
will and pleasure of the Board of County Commissioners,” and that, “the Hearing Examiner need not be a
resident of the County at the time of appointment, but during the Hearing Examiner’s tenure in office
shall reside within the County.”
Chapter 9 of the Collier County Administrative Code for Land Development identifies the petitions
currently heard by the Hearing Examiner.
FISCAL IMPACT: The proposed budget for FY21 for the Hearing Examiner Office is $185,300 in fund
131. There is no impact to the general fund and no anticipated budget amendment to provide this service.
LEGAL CONSIDERATIONS: This matter has been reviewed by the County Attorney, is approved as
to form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To direct staff as to the selection of a new Hearing Examiner and to bring back
a written contract for Board approval.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager
James French, Deputy Department Head, Growth Management Department
ATTACHMENT(S)
1. Clay Brooker - Letter of Interest (PDF)
2. Andrew Dickman - Cover Letter - HEX (PDF)
3. Andrew Dickman - Retainer Agreement & Resume - HEX (PDF)
4. Administrative Code Ch. 9 (flat) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 12449
Item Summary: ***This item to be heard no sooner than 10:45 a.m.*** Recommendation to
review candidates for the position of Hearing Examiner and direct the County Manager or his designee to
bring back a formal agreement with the selected individual/firm. (James French, Deputy Department
Head, Growth Management Department)
Meeting Date: 06/09/2020
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
05/27/2020 5:09 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
05/27/2020 5:09 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/28/2020 12:33 PM
Growth Management Department Jeremy Frantz Deputy Department Head Review Skipped 06/02/2020 3:53 PM
Growth Management Department Jeremy Frantz Department Head Review Skipped 06/02/2020 4:01 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/02/2020 4:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/03/2020 8:12 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/03/2020 8:56 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/03/2020 11:16 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/09/2020 9:00 AM
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EDWARD K. CHEFFY
Board Certified Civil Trial Lawyer
Board Certified Business Litigation Lawyer
JOHN M. PASSIDOMO
Board Certified Real Estate Lawyer
LOUIS D. D’AGOSTINO
Board Certified Appellate Practice Lawyer
DAVID A. ZULIAN
Board Certified Construction Lawyer
CLAY C. BROOKER
Board Certified City, County and
Local Government Lawyer
821 Fifth Avenue South
Naples, Florida 34102
Telephone: (239) 261-9300
www.napleslaw.com
WILLIAM J. DEMPSEY
Board Certified Real Estate Lawyer
DEBBIE SINES CROCKETT
RACHAEL S. LOUKONEN
Board Certified Business Litigation Lawyer
BRIAN J. THANASIU
Board Certified Real Estate Lawyer
MARK SCHULTZ
KIMBERLY D. SWANSON
Of Counsel:
GEORGE L. VARNADOE
Collier County Board of County Commissioners
c/o Jeff Klatzkow, County Attorney
3299 Tamiami Trail East
Naples, Florida 34112
Re: Hearing Examiner position
Honorable Commissioners:
Please accept this letter as my request to be considered for the position of Collier County
Hearing Examiner. I have been licensed as an attorney by the Florida Bar since 1994, and, for
the last two decades, my private practice has been located here in Collier County. My practice
has focused primarily on land use/zoning law, and I have been certified by the Florida Bar as a
specialist in city, county and local government law for the past ten years. I have appeared
before the County Commission, Planning Commission and Hearing Examiner numerous times
on land use matters, and I have served on the County’s Development Services Advisory
Committee for seventeen years. I have therefore acquired significant knowledge of, and
familiarity with, the County’s Land Development Code. I am also well-versed in the procedure
and legal requirements of the quasi-judicial hearings before the Hearing Examiner. In my
opinion, this background uniquely qualifies me for the Hearing Examiner position.
Based upon inquiries and discussion with County staff, I request consideration for the Hearing
Examiner position on the following general terms:
• Scope of Services: Fulfill the duties of the position of Hearing Examiner as set forth in
the Collier County Hearing Examiner Ordinance (as amended), codified at Section
2-83 et seq. of the County’s Code of Laws and Ordinances and Section 8.10.00 of the
County’s Land Development Code.
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Packet Pg. 363 Attachment: Clay Brooker - Letter of Interest (12449 : Hearing Examiner Candidates)
• Compensation: Base “retainer” of $1,000 per week to fulfill general tasks
associated with the Hearing Examiner position. In addition, an hourly rate of $250
for specific matters (e.g., land use applications, research projects, etc.). Time spent
on specific matters will be itemized in invoices submitted monthly to the County.
Compensation to be made payable to my firm, Cheffy Passidomo, P.A.
• Waiver of Conflicts: If I am selected to serve as Hearing Examiner, I understand and
accept that I would be subject to the restrictions set forth in Section 2-91 of the
County’s Code of Laws and Ordinances (“Conduct of Hearing Examiner”). These
restrictions would require me to resign from the Development Services Advisory
Committee and would preclude me from, among other things, appearing before any
County board on behalf of any private client. However, out of respect for the other
attorneys of my firm, I request that the County expressly waive any conflicts,
whether arising out of the Florida Bar’s Rules of Professional Conduct or otherwise,
that might preclude any of the other attorneys of my firm from (a) representing
clients before any County board (except the Hearing Examiner) or (b) participating in
litigation adverse to the County. With respect to the latter conflict waiver, I would
agree to be screened from any participation in the litigation.
Other details associated with the position can be negotiated and/or addressed in the written
agreement.
Thank you for your consideration of my candidacy for Hearing Examiner, and I am available to
answer any questions you may have.
Respectfully,
/s/ Clay C. Brooker
Clay C. Brooker
11.B.1
Packet Pg. 364 Attachment: Clay Brooker - Letter of Interest (12449 : Hearing Examiner Candidates)
Dickman Law Firm
Miami
T: (305) 758-3621
F: (305) 758-0508
Naples
T: (239) 434-0840
F: (239) 434-0940
St. Petersburg
T: (727) 527-7150
F: (727) 527-7180
P.O. Box 771390 ● Naples, FL 34107-1390 ● www.dickmanlawfirm.org
May 29, 2020
Collier County Board of County Commissioners
c/o Jeffrey A. Klatzkow
County Attorney
3299 Tamiami Trail East, Suite 800
Naples, FL 34112-5749
RE: Hearing Examiner
Dear Commissioners:
I am grateful for your consideration of my submittal for the above referenced position. My
Retainer Agreement, under subsection entitled “Withdrawal” generally expresses how I will
handle situations involving a conflict of interest with another client. The Dickman Law Firm
currently has one client in Collier County that may become a potential conflict. We represent the
Randall Boulevard Land Trust in connection with its rezoning application within the Randall
Boulevard Subdistrict. This application would not come before the hearing examiner; it would
come before the Planning Commission and Board of County Commissioners. Therefore, I am
requesting you to waive any potential conflict that may arise from this representation.
Again, thank you for considering me and the Dickman Law Firm to fulfill the duties of the
County Hearing Examiner. Should you have any questions or concerns, please do not hesitate to
contact me.
Sincerely,
ANDREW W. J. DICKMAN, ESQ., AICP
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Packet Pg. 365 Attachment: Andrew Dickman - Cover Letter - HEX (12449 : Hearing Examiner Candidates)
11.B.3Packet Pg. 366Attachment: Andrew Dickman - Retainer Agreement & Resume - HEX (12449 : Hearing Examiner Candidates)
11.B.3Packet Pg. 367Attachment: Andrew Dickman - Retainer Agreement & Resume - HEX (12449 : Hearing Examiner Candidates)
11.B.3Packet Pg. 368Attachment: Andrew Dickman - Retainer Agreement & Resume - HEX (12449 : Hearing Examiner Candidates)
11.B.3Packet Pg. 369Attachment: Andrew Dickman - Retainer Agreement & Resume - HEX (12449 : Hearing Examiner Candidates)
11.B.3Packet Pg. 370Attachment: Andrew Dickman - Retainer Agreement & Resume - HEX (12449 : Hearing Examiner Candidates)
11.B.3Packet Pg. 371Attachment: Andrew Dickman - Retainer Agreement & Resume - HEX (12449 : Hearing Examiner Candidates)
11.B.3Packet Pg. 372Attachment: Andrew Dickman - Retainer Agreement & Resume - HEX (12449 : Hearing Examiner Candidates)
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Packet Pg. 373 Attachment: Administrative Code Ch. 9 (flat) (12449 : Hearing Examiner Candidates)
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Packet Pg. 374 Attachment: Administrative Code Ch. 9 (flat) (12449 : Hearing Examiner Candidates)
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Packet Pg. 375 Attachment: Administrative Code Ch. 9 (flat) (12449 : Hearing Examiner Candidates)
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Packet Pg. 376 Attachment: Administrative Code Ch. 9 (flat) (12449 : Hearing Examiner Candidates)
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Packet Pg. 377 Attachment: Administrative Code Ch. 9 (flat) (12449 : Hearing Examiner Candidates)