Loading...
Agenda 03/26/2013 Item #17EProposed Agenda Changes Board of County Commissioners Meeting March 26, 2013 Move Item 17E to Item 913: Recommendation to adopt an ordinance that will establish the position of Collier County Hearing Examiner. (Commissioner Coyle's request) Move Item 11A to Item 16C3: Recommendation to direct the County Manager, or his designee, to give notice to formally initiate integration of the Orange Tree Utility Company into the Collier County Water -Sewer District to provide water & sewer utilities to Orange Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between Orange Tree Utility Company and Orangetree Associates and Board of County Commissioners of Collier County (Board) with the objective of returning to the Board with a proposed Utility System Integration Agreement. (Commissioner Hiller's request) Withdraw Item 16A3: Recommendation to authorize release of the Excavation Performance Bond in the amount of $1,000,000 to the Project Engineer or Developer's designated agent for Arthrex at Ave Maria AR- 13095. (Staff's request) Move Item 16A9 to Item 11 C: Recommendation to approve a work order in excess of the Board's $200,000 spending threshold and authorize expenditure of $48,520 for McGee & Associates to prepare 100% landscape design plans for the Immokalee Road/I -75 Interchange. (Commissioner Nance's request) Continue Item 16Al2 to the April 9 2013 BCC Meeting_ Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of $500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. (Staff's request) Withdraw Item 16D4: Recommendation to approve one (1) release of lien for an Affordable Housing Density Bonus Agreement for an affordable housing unit sold which is no longer subject to the terms of the agreement. (County Attorney's request) Move Item 16175 to Item 11D: Recommendation to establish a new position classification and salary range assignment for County Commission staff members and revised budget allocation format for the BCC Office. (Commissioner Henning's request) Proposed Agenda Changes March 26, 2013 Page 2 Note: Item 160 44-4: Signature page of the Second Amendment to Agreement was inadvertently left out of printed agenda packet. Copies of the signature page have been provided to Commission members. Item 16A1: Withdraw clarification SC- 2003 -02, Storage Containers, attachment #4. Staff will be coordinating this clarification with the ongoing broader review of storage containers within all zoning districts. (Staff's Request) Item 16C2: Folio number in executive summary corrected to read: David K. and Cheryl L. Boot own the property located at 346 Cypress Way West, parcel number 00159480005. Item 16D5: Correct document titled Modification to Subgrant Agreement to be consistent with all other references in the item, by checking the following box: ® Change in Number of Accomplishments and/or Beneficiaries (Clerk's request) Item 16F3: It is the intent for requirements to be the same in Category B and Category C -2 grant applications. Therefore, the following additions have been made to the C -2 grant application. 1. Form 990 added to checklist of required items on p. 11 of application. 2. Financial statement to be reviewed or audited by a CPA added to checklist of required items on p. 11 of application. (Staff s request) Time Certain Items: Item l OG to be heard at 11:00 a.m. Item 13A to be heard at 2:00 p.m., immediately followed by Item 13B and IOD 3/26/2013 9:34 AM 3/26/2013 17.E. EXECUTIVE SUMMARY Recommendation to adopt an ordinance that will establish the position of Collier County Hearing Examiner. OBJECTIVE: That the Board of County Commissioners (Board) adopts an ordinance that would establish the position of Collier County Hearing Examiner. 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. 8.02.0l.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 meeting of February 12, 2013, the Board approved agenda item 10 -F, which gave the following direction: "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 n 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." In keeping with Board direction, the County Attorney, in consultation with both staff and the Chairman of the Planning Commission, prepared the attached Ordinance. The Ordinance creates the Office of Hearing Examiner, and gives the Hearing Examiner the following powers and duties: 1. Appeals of Administrative Decisions or Interpretations. 2. Variances. The Hearing Examiner will hear and decide all requests for variances from the terms of the regulations or restrictions of the zoning code and such other codes or ordinances as may be assigned to him by the Board of County Commissioners. 3. Conditional Uses. The Hearing Examiner will hear and decide all requests for conditional uses. 4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall hear all petitions for a boat lift canopy and dock facility extensions as provided for in LDC Sections 5.03.06.G and H. 5. Additional Duties. To the extent his schedule permits, the Hearing Examiner will make his special knowledge and expertise available upon reasonable request of the Board of County Commissioners, any individual Commissioner, the County Manager or the County Packet Page -1185- 3/26/2013 17. E. Attorney, provided that such requests do not in any way involve any matter that is pending, or is likely to come before, the Hearing Examiner. 6. To the extent authorized by law, by Resolution of the Board of County Commissioners, the Hearing Examiner may be assigned any and all other powers and duties that have previously been granted to the Collier County Planning Commission or the Board of Zoning Appeals, expressly excepting those powers reserved to the Collier County Planning Commission as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. The Ordinance allows the Hearing Officer to recuse himself from avy matter if there is a conflict of interest or the matter is one of great public importance, and inquires the Board to adopt by Resolution into the Administrative Code a Rules of Procedure to be utilized -by the Hearing Examiner. Decisions of the Hearing Examiner can be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as the case may be. It is. contemplated that this shall be a compensated position. It is the County Attorney's opinion that as structured, the Hearing Examiner process will be found to be both efficient and citizen - friendly, and will be primarily used for routine matters. The Board reviewed the proposed ordinance at its March 12, 2013 regular meeting and authorized that it be advertised for future consideration and adoption. Since that time, based on constituent feedback, the Chair has requested the County Attorney make the following two minor changes to the proposed 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. 6. Recusal of Hearing Examiner. The Hearing Examiner emy shall disqualify himself from a particular case when he reasonably perceives that he has a real or perceived conflict of interest, or that the case is one of great public interest or concern FISCAL IWACT: The purpose of this item is limited to the creation of the position of Hearing Examiner. The issue of compensation to be paid to the Hearing Examiner will be brought before the Board for consideration at a later date. The cost to advertise the proposed ordinance is $269.70. LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney and is legally sufficient. A majority vote is required for Board approval. —JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance in order to establish the position of Collier County Hearing Examiner. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Packet Page -1186- n Item Number: Item Summary: COLLIER COUNTY Board of County Commissioners 17.17.E. 3/26/2013 17.E. Recommendation to adopt an ordinance that will establish the position of Collier County Hearing Examiner. Meeting Date: 3/26/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attorney 3/15/2013 11:08:43 AM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 3/15/2013 2:18:10 PM Name: KlatzkowJeff Title: County Attorney Date: 3/18/2013 1:43:10 PM Name: OchsLeo Title: County Manager Date: 3/18/2013 2:51:09 PM Packet Page -1187- 3/26/2013 17.E. ORDINANCE NO. 2013- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE TITLE AND CITATION TO THIS ORDINANCE; ESTABLISHING THE OFFICE OF HEARING EXAMINER; ESTABLISHING THE METHOD AND CONDITIONS FOR SELECTION, APPOINTMENT AND REMOVAL OF THE HEARING EXAMINER; PROVIDE FOR THE CONDUCT OF MEETINGS, REPORTS AND RECORDS; ESTABLISHING THE POWERS AND DUTIES OF THE HEARING EXAMINER; PROVIDING FOR DECISIONS AND APPEALS FROM DECISIONS OF THE HEARING EXAMINER; PROVIDING FUNDING FOR THE OFFICE OF THE HEARING EXAMINER; PROVIDING FOR STAFF FOR THE HEARING EXAMINER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Laws of Fla. ch. 67 -1246, § 5, provides in relevant part that "The governing bodies of municipalities and Collier County are hereby authorized to establish one or more planning commissions for Collier County, to have jurisdiction respectively over certain geographic areas of Collier County which shall be specifically described by the resolution or other official action establishing the planning commissions, and appoint members thereto who reside in the respective districts, and are electors therein. Planning commissions shall have not less than five, nor more than ten members, and none of such members shall be in the pay of the county or municipality or elected officer - holders of any of the jurisdictions served," but that "Members of a planning commission may receive salary and such travel and other expenses while on official business for the commission as are made available by the governing body for these purposes; and WHEREAS, 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;" and WHEREAS, Laws of Fla. ch. 2001 -344, § 1(31), provides that "The method and procedures for implementing a county hearing examiner program shall be as set forth by county ordinance;" and Paae i of 7 Packet Page -1188- 3/26/2013 17.E. WHEREAS, the Board of County Commissioners finds that it is in the public interest to establish the Office of Hearing Examiner under the terms and conditions set forth herein, and that it is in the further interest of the public to attract the most qualified people for this position, that the Hearing Examiner receive compensation for. the performance of his enumerated duties, and that the Hearing Examiner may also simultaneously serve on the Collier County Planning Commission and still receive appropriate compensation in that the powers and duties of the Hearing Examiner are substantially equivalent to the powers and duties presently exercised by the Collier County Planning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Hearing Examiner Ordinance." n SECTION TWO: Establishment of Office of Hearing Examiner. The Office of Hearing Examiner is hereby established. SECTION THREE: Method and conditions for selection, appointment and removal of the Hearing Examiner. (a) Recruitment for the position of Hearing Examiner shall be in such manner as may be determined by the Board of County Commissioners. (b) 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. The Board may appoint multiple Hearing Examiners. Appointment shall be made by written contract negotiated with the Board of County Commissioners, which contract shall set out the terms and conditions of employment, compensation and removal, and may specify any additional powers and duties delegated or assigned to the Hearing Examiner. Simultaneous service on the Collier County Planning Commission shall not preclude appropriate compensation. Packet Page -1189- 3/26/2013 1 7. E. (c) 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. (d) The position of the Hearing Examiner shall be deemed vacant if the incumbent is removed, resigns, moves his residence from the County or is, by death, illness or other casualty, unable to continue in office. In the case of vacancy or disability, the matter shall be heard by the Collier County Planning Commission, the Board of County Commissioners or the Board of Zoning Appeals, as the case may be, following the established procedures set forth in the Collier County Land Development Code (hereinafter referred to as the "LDC "), until a successor has been appointed by the Board of County Commissioners or the Hearing Examiner resumes the duties of the position. SECTION FOUR: Conduct of meetings, reports and records. (a) Rules of Procedure. The Board of County Commissioners shall adopt the Rules of Procedure for the conduct of all hearings before the Hearing Examiner. Such procedures shall be made part of the Collier County Administrative Code, with all amendments, additions, revisions, or modifications made by resolution of the Board of County Commissioners. Copies of the Rules of Procedures shall be maintained on file in the office of the Zoning Director, and published on -line for the benefit of the public. (b) Reports of Decisions. After a public hearing is held, the Hearing Examiner will make a written report of his decision in accordance with the Rules of Procedure, and provide a copy of the report of decision to all parties of record, County staff, and the Board of County Commissioners. (c) Records. The Hearing Examiner will be provided with a court reporter for all hearings in the same manner as provided for the Collier County Planning Commission. To assist the Hearing Examiner in the conduct of all hearings, the County Manager shall assign a staff person as Secretary to the Hearing Examiner. The Secretary shall keep indexed records of all meetings, agendas, findings, determinations and reports of decision. Such records shall be public records. (e) Attendance at Hearings. The Hearing Examiner may request staff members with personal knowledge of relevant facts to attend hearings and produce relevant documents. Pase 3 of 7 Packet Page -1190- 3/26/2013 17. E. SECTION FIVE: Powers and Duties of the Hearing Examiner. The Hearing Examiner shall have the following powers and duties: 1. Anneals of Administrative Decision or Interpretation. All type III appeals of administrative decisions or interpretations, as set forth in LDC Sec. 10.04.04, shall be heard by the Hearing Examiner. All appeals and staff response to such appeals must substantially conform to the Rules of Procedure. In reaching his decision, the Hearing Examiner must consider: a. the criteria for the type of application being requested; b. testimony from the applicant; and C. testimony from any members of the public. 2. Variances. The Hearing Examiner will hear and decide all requests for variances from the terms of the regulations or restrictions of the zoning code and such other codes or ordinances as may be assigned to him by the Board of County Commissioners. In reaching his decision, the Hearing Examiner must consider: a. the criteria for the type of variance being requested, in particular those set forth in LDC Sec. 9.04.03, b. staff recommendations; C. testimony from the applicant; and d. testimony from the public. Before granting any variance, the Hearing Examiner must make a finding with respect to each of the criteria set forth in LDC Sec. 9.04.03, and with respect to sign variances, LDC Sec. 5.06.08. The Hearing Examiner has the same authority as the Board of Zoning Appeals to grant, deny, or modify any request for a variance from the regulations or restrictions of this Code, or to attach conditions and requirements necessary for the protection of the health, safety, comfort, convenience and welfare of the general public. The conditions or requirements must be reasonably related to the variance requested and conform to the requirements of the LDC. 3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor conditional uses. In reaching his decision, the Hearing Examiner must consider: a. the factors and criteria set forth in LDC Sec. 10.08.00.D; Pam 4 of 7 Packet Page -1191- 3/26/2013 17.E. b. relevant matters set forth in an applicant's written petition; C. testimony of any applicant or agent; d. the recommendation of staff; and e. 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. 4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall hear all petitions for a boat lift canopy and dock facility extensions as provided for in LDC Sections 5.03.06.G and H. 5. Additional Duties. To the extent his schedule permits, the Hearing Examiner will make his special knowledge and expertise available upon reasonable request of the Board of County Commissioners, any individual Commissioner, the County Manager or the County Attorney, provided that such requests do not in any way involve any matter that is pending, or is likely to come before, the Hearing Examiner. 6. Recusal of Hearing Examiner. The Hearing Examiner shall disqualify himself 00-1 from a particular case when he reasonably perceives that he has a real or perceived conflict of interest, or that the case is one of great public interest or concern. When the Hearing Examiner disqualifies himself, the matter shall be heard by the Collier County Planning Commission, the Board of County Commissioners or the Board of Zoning Appeals, as the case may be, following the. established procedures set forth in the Collier County Land Development Code as if there were no Hearing Examiner. 7. To the extent authorized by law, by Resolution of the Board of County Commissioners, the Hearing Examiner may be assigned any and all other powers and duties that have previously been granted to the Collier County Planning Commission or the Board of Zoning Appeals, expressly excepting those powers reserved to the Collier County Planning Commission as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. All powers and duties expressly granted to the Hearing Examiner, either by this ordinance or through future resolutions, preempt the Collier County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect to the established procedures set forth in the Collier County Land Development Code. Paae 5 of 7 Packet Page -1192- 3/26/2013 17. E. SECTION SIX. Decisions and Appeals from Decisions of the Hearing Examiner. All decisions of the Hearing Examiner arising from Section Five will be delivered or mailed by the Hearing Examiner to all parties of record, the County Attorney, and the County Manager. Any party, including the County, may appeal the decision to the Board of Zoning Appeals or the Board of County Commissioners, as the case may be, within the time frame and in the manner provided by the Rules of Procedure. Failing a timely appeal, the decision of the Hearing Examiner will be considered final in all respects. Appeals shall be heard de novo by the reviewing Board in the manner proscribed in the LDC. In reaching its decision, the reviewing Board may adopt or deny, in whole or in part, the decision of the Hearing Examiner. SECTION SEVEN: Funding for the Office of the Hearing Examiner. The Board of County Commissioners shall appropriate funds as necessary from the general fund or other legally available funds of the County to employ the Hearing Examiner and provide necessary and reasonable expenses for the operation, management, space, facilities, and expenses associated with the Office of Hearing Examiner. Such appropriations shall be subject to periodic review and adjustment in accordance with the budgetary process of the County. SECTION EIGHT: Staff. The Community Development Services Division shall be the professional staff of the Hearing Examiner. SECTION NINE: 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. SECTION TEN: 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 Page 6 of 7 Packet Page -1193- 3/26/2013 17.E. or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION ELEVEN: 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 12013. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LE GEORGIA A. HILLER, ESQ. CHAIRWOMAN Page 7 of 7 Packet Page -1194- 3/26/2013 17.E. 22D» Saturday, March 16,2013 yl NAPLES DAILY .NEWS Lls Lego ITUT AF MEETING NOTICE OF ME NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, March 26, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of.County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.- The title of the proposed Ordinance is as follows: AN ORDINANCE OF HE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE TITLE AND CITATION • TO HIS ORDINANCE; ESTABLISHING HE OFFICE OF HEARING EXAMINER; ESTABLISHING METHOD CONDUCT APPOINTMENT OF THE HEARING EXAMIER; PROVIDE FOR HE OMEETINGS, REPORTS AND RECORDS;. ESTABLISHING HE POWERS AND DUTIES OF HE HEARING EXAMINER; PROVIDING FOR DECISIONS AND APPEALS FROM DECISIONS OF THE HEARING EXAMINER; PROVIDING FUNDING FOR HE OFFICE OF HE HEARING EXAMINER; PROVIDING FOR STAFF FOR HE HEARING EXAMINER; PROVIDING FOR PROVIDING FOR INCLUSION CONFLICT AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE ATE. THE CODE OF LAWS 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. Indivdual 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 materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days Pr to the public hearing. All material used in presentations before.the Board r 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 that a verbatim record 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 partici to 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: Teresa Cannon, Deputy Clerk (SEAL) No. 1982390 0. -r h 16 013 Packet Page -1195-