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Agenda 02/12/2013 Item #10F 2/12/2013 10.F. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners direct the County Attorney to prepare an ordinance for board approval providing for a county Hearing Officer who shall be empowered to hear and rule on limited planning and zoning matters; that any decision of the Hearing Officer may be appealed to the Board of County Commissioners; that it be further directed that county staff develop a job description based on the legal definition of the newly created position, obtain board approval for funding the position, and immediately advertise the position upon board approval of the ordinance, all so that a Hearing Officer is hired and in place by April 15, 2013 with the intent of promoting administrative efficiency in rendering certain development related decisions by the county. OBJECTIVE: That the Board of County Commissioners direct the County Attorney to prepare an ordinance for board approval providing for a county Hearing Officer who shall be empowered to hear and rule on limited planning and zoning matters; that any decision of the Hearing Officer may be appealed to the Board of County Commissioners; that it be further directed that county staff develop a job description based on the legal definition of the newly created position, obtain board approval for funding the position, and immediately advertise the position upon board approval of the ordinance, all so that a Hearing Officer is hired and in place by April 15, 2013 with the intent of promoting administrative efficiency in rendering certain development related decisions by the county. CONSIDERATIONS: Florida law permits the Board of County Commissioners to delegate decision making authority with respect to certain planning and zoning matters to a county Hearing Officer. The Board of County Commissioners retains the ability to hear any appeal by a petitioner unhappy with a Hearing Officer's ruling. The delegation of such limited decision making to a professional versed in the county's development regulations will allow the Board of Commissioners to devote more of its limited time to major decision making, and further allow for more timely processing of transactions taken as whole. The overall improvement in the level of service to private property owners and the development industry should become immediately visible with the recommended administrative change. Additionally, this is one more step towards the board's objective of becoming more business friendly. County staff has already indicated its support for such a position, as have a number of commissioners. The county is perfectly poised to take immediate action in this matter without further delay. FISCAL IMPACT: To be determined by county staff and brought before the board as a proposed budget amendment based on salaries offered to Hearing Officers in other Florida counties. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority support for approval. The County had started down this path a number of years ago, to the point that it successfully requested the Legislature amend the 1967 Special Act through Laws of Fla. ch. 2001-344, to specifically authorize the implementation of a hearing examiner program by county ordinance. -JAK Packet Page-107- 2/12/2013 10.F. RECOMMENDATION: That the Board of County Commissioners direct the County Attorney to prepare an ordinance for board approval providing for a county Hearing Officer who shall be empowered to hear and rule on limited planning and zoning matters; that any decision of the Hearing Officer may be appealed to the Board of County Commissioners; that it be further directed that county staff develop a job description based on the legal definition of the newly created position, obtain board approval for funding the position, and immediately advertise the position upon board approval of the ordinance, all so that a Hearing Officer is hired and in place by April 15, 2013 with the intent of promoting administrative efficiency in rendering certain development related decisions by the county. PREPARED BY: Commissioner Georgia Hiller, Chair Packet Page -108- 2/12/2013 10.F. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.F. Item Summary: Recommendation that the Board of County Commissioners direct the County Attorney to prepare an ordinance for board approval providing for a county Hearing Officer who shall be empowered to hear and rule on limited planning and zoning matters;that any decision of the Hearing Officer may be appealed to the Board of County Commissioners; that it be further directed that county staff develop a job description based on the legal definition of the newly created position, obtain board approval for funding the position, and immediately advertise the position upon board approval of the ordinance, all so that a Hearing Officer is hired and in place by April 15, 2013 with the intent of promoting administrative efficiency in rendering certain development related decisions by the county. (Commissioner Hiller) Meeting Date: 2/12/2013 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 2/6/2013 8:09:48 AM Submitted by Title:Executive Secretary to County Manager, CMO Name: BrockMaryJo 2/6/2013 8:09:49 AM Approved By Name: OchsLeo Title: County Manager Date: 2/6/2013 11:59:13 AM Packet Page -109-