Agenda 09/24/2013 Item #16K3Proposed Agenda Changes
Board of County Commissioners Meeting
September 24, 2013
Add Item 10G: Recommendation to authorize the Chair to send a letter to the University of Florida expressing
concern, and requesting the inclusion of Collier County agribusiness industry and public sector stakeholders in
discussions regarding recently announced changes in staff, services provided, and future of the UFAFAS
Southwest Florida Research and Education Center (SWFREC) in Immokalee. (Commissioner Nance's request)
Withdraw Item 16D7: Recommendation to approve the Rivers Road Preserve Final Management Plan under the
Conservation Collier Land Acquisition Program. (Staffs request)
Continue Item 16E8 to the October 8, 2013 Meetine: Recommendation to authorize the County Manager and staff to use
Federal GSA schedules (i.e. Schedule 70 and 1122 Program); State of Florida Contracts, Agreements and Price Lists;
competitively solicited contracts by US Communities, Western States Contracting Alliance, National Intergovernmental
Purchasing Alliance (NIPA), National Joint Powers Alliance (NJPA) public purchasing consortiums; and, competitive
solicitations from State of Florida cities, counties, and other public municipalities (i.e. Sheriffs Association) for the
efficient purchase of goods and services for the delivery of public services and for which funds were approved in
operating budgets. (Staffs request)
Move Item 16K3 to Item 12D: Recommendation to authorize the County Attorney to
advertise for future consideration an ordinance which would amend Ordinance No.
2013 -25, Collier County's Hearing Examiner Ordinance (Commissioner Coyle request)
Note:
Items 10D, 10E and 14A1: It is recommended these items be heard and discussed together, before being
individually voted upon.
Item 11C Leeal Considerations should read: This item has been reviewed by the County Attorney. Fl. Stat.
Section 125.045 (County economic development powers) grants the Board extremely broad home rule powers
with respect to economic development. Any Board approved Economic Development Incentive Program will
always only be a part of the County's overall economic development tools, with the Board retaining the broad
powers under Fl. Stat. Sec. 125.045 to enter into an individual economic development agreement tailored to meet
the needs of particular economic development project. With that noted, this item is approved as to form and
legality, requiring majority support for approval. -JAK (County Attorney's request)
Item 16K3 Executive Summary and proposed Ordinance should read: Conditional Uses. ...any member of
the Board of County Commissioners may direct any conditional use to be heard by the Planning
Commission in an advisory committee... (Commissioner Fiala's request)
Item 16K4 Executive Summary should read: "Employer and Employee shall negotiate ... a performance
based merit system through which Employee shall be eligible for a merit adjustment upon the successful
completion of measurable goals and objects objectives to be completed or attained by the Employee..."
(Commissioner Fiala's request)
Time Certain Items
Item 11A to be heard at 10:00 a.m.
Court Reporter Break at 10:20 a.m.
Items 10D, 10E, 14A1 will be heard at 10:30 a.m. and discussed together before being individually voted upon.
Item 14A2 to be heard immediately following 10D, 10E and 14A1
Item 11E to be heard at 11:00 a.m.
Item 12C to be heard immediately following Item 12B
Item 13A to be heard at 11:30 a.m.
9/24/2013 16.K.3.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise for future consideration an
ordinance which would amend 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. 8.02.0l.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 March 26, 2013 regular meeting the Board of County Commissioner .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
n 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 offers the following modifications to Section Five, Paragraph 3 of the
Hearing Examiner Ordinance based on the input of the CCPC:
raiihl
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
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 Commissioner in an advisory capacity and
then Board of Zoning Appeals for final action. In reaching his decision, the Hearing
Examiner must consider:
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9/24/2013 16.K.3.
a. the factors and criteria set forth in LDC Sec. 10.08.00.D; n
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 EMPACT: The estimated cost to advertise the proposed amending ordinance is
$300.00.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed amending
ordinance and approves same as to form and legality. Majority support is required for Board
approval. JAK
RECOMMENDATION: That the Board of County Commissioners authorizes the County
Attorney to advertise for future consideration the attached Ordinance amending Ordinance No.
2013 -25, the Collier County Hearing Examiner Ordinance.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney n
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^ COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to authorize the County Attorney to advertise for
future consideration an ordinance which would amend Ordinance No. 2013 -25, the Collier
County Hearing Examiner Ordinance.
Meeting Date: 9/24/2013
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney .
9/17/2013 3:07:23 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 9/17/2013 5:03:39 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2013 8:51:49 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 9/18/2013 10:48:02 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/18/2013 10:59:23 AM
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9/24/2013 16.K.3.
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 Seca 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. "
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; Words Stmek Pweugh are deleted.
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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
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
Commissioner 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 Stash -Thpeugh are deleted.
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9/24/2013 16.K.3.
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
By: By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
Words Undefte d are added; Words StFosk Pweagh are deleted.
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