Backup Documents 03/26/2013 Item # 9BCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
® Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
Originating Dept/ Div Lggunty Attorney Person: Jeffrey'A. A6-Kl v Date:
Petition No. (If none, give brief description): Hearing Examiner Ordinance - title below
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) March 26, 2013 (ad to run no later than
SATURDAY, March 16, 2013)
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size)
❑ Legally Required
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.
s), if any & proposed hearing date: None R
Aber tged for advertising costs: P.O. 4500130337 4:::7 04Q
l� I h -
Date
List Attachje�tj: proposed ordinance
DISTRIBUTION INSTRUCTIONS
A. For heari4s before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE O rr
Date Received: 3 Date of Public hearing: Zb (3Date Advertised: b � 3
9B
Teresa L. Cannon
From: AIIenDebbie <DebbieAllen @colliergov.net>
Sent: Wednesday, March 13, 2013 10:25 AM
To: Minutes and Records
Cc: Neet, Virginia; Rodriguez, Wanda
Subject: Hearing Examiner Ordinance - Advertising Request
Attachments: signed Advertising Request form - Hearing Examiner Ordinance.pdf; signed Hearing
Examiner Ordinance - sent to Minutes and Records for advertising.pdf, Advertising
Request Form - Hearing Examiner.docx
Teresa,
As we discussed, attached is the signed Advertising Request Form, the signed Ordinance and a word copy of the
Advertising Request Form for the Hearing Examiner Ordinance.
Please let me know if you need anything else. I appreciate all your help on thisH
Deborah D. ACCen
Legal Office Administrator
Collier County Attorney's Office
(239) 252 -8400
Under t ,orida I ati4, 0 Ma €S addresses are public recof ds If you do not want your e -mail address re,eased in response to a public records request, do not send
e?r ctron c nail to tills entity, instead, contact this office by t elephone or in ��oiting.
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
Page 1 of 7
96 '
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."
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.
Page 2 of 7
Win]
(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.
Page 3 of 7
s •
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
conditional uses. In reaching his decision, the Hearing Examiner must consider:
a. the factors and criteria set forth in LDC Sec. 10.08.00.1);
Page 4 of 7
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. 10.08.00.1), 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 may 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. 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.
Page 5 of 7
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
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 , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
, Deputy Clerk
:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Page 7 of 7
96
Acct #068783
March 13, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Hearing Examiner Ordinance
Dear Legals:
Please advertise the above referenced notice on Saturday, March 16, 2013, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500139337
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 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.
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. Individual 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 prior to the
public hearing. All material used in presentations before the Board
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 participate 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)
Teresa L. Cannon
To: Legals NDN (legals @naplesnews.com)
Subject: Hearing Examiner Ordinance
Attachments: Hearing Examiner Ordinance.doc; Hearing Examiner Ordinance.doc
Legals,
Please advertise the attached legal ad on Saturday, March 16, 2013. Thank you
Teresa L. Cannon, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
Teresa.Cannon@collierclerk.com
Teresa L. Cannon
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday, March 13, 2013 11:03 AM
To: Teresa L. Cannon
Subject: Ad Confirmation
Attachments: UAS846B jpg
Hi Teresa,
Please provide immediate approval for publication on Saturday, 03.16.13.
THANKSM
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
03/13/13
Publication
NDN
Account Number 744106
Ad Number
1982390
Total Ad Cost
$269.70
1
NCST{GE OF INTENT T0.60NSIDER ORDINANCE 9 B
Notice ES I�ereby gjive i that on Tuesday, March 26, 2013, In the Boardroom, rd
Floor, Adrrtinistiratioh Building �Cr 11' , County Government Curter, 3203 EAst
Tarniarnl Trail, Naol , Florida, t� Beard of Churl Commissioners will consl6er the
enactment of atoun ce at 0 = I � rr t �r r� � he
title of the proposed r it ance is
as follows:
AN ORDINANCE
COUNTY FLORID)
ORDINANCE,* ESTAI
THE METHOD AND
OF THE HEARING EN
k
If you are a person Frith a disability who needs any accommodation in order to
.participate 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 Tarniarrrl, Trail East, ult�e `1 a1, Building 'slid, Maples,
Florida 34112, (239) 252 -838. Assisted listening devices for the hearing impaired
are available in the County Commissioners` Office.
130ARD OF-COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, E5Q, CHAIRWOMAN
DWIGHT Fa BROOK, CLERK
y Teresa Catinon, Deputy Clerk
(SEAL) 16 2-013 No. 1g B
GL•�
Teresa L. Cannon
From: AIIenDebbie <DebbieAllen @colliergov.net>
Sent: Wednesday, March 13, 2013 11:14 AM
To: Teresa L. Cannon
Cc: Neet, Virginia; Rodriguez, Wanda
Subject: RE: Ad Confirmation
Teresa,
I proofed the title and it looks fine. The date and time of the meeting are fine. I am guessing the rest of the language is
boilerplate but it looks ok to me.
If I have missed anything, please let me know. Again, thank you for all your help!!
Deborah D. Allen
Legal Office Administrator
Collier County Attorney's Office
(239) 252 -8400
- - - -- Original Message---- -
From: Teresa L. Cannon [ mailto• Teresa.Cannon@collierclerk.com]
Sent: Wednesday, March 13, 2013 11:05 AM
To: AIIenDebbie
Subject: FW: Ad Confirmation
Please ok ASAP per NDN. Thanks
Teresa L. Cannon, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
Teresa.Cannon@collierclerk.com
- - - -- Original Message---- -
From: Polidora, Carol [ mailto •cpolidora@naplesnews.com]
Sent: Wednesday, March 13, 2013 11:03 AM
To: Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa,
Please provide immediate approval for publication on Saturday, 03.16.13.
THANKS!!!
Carol
Carol Polidora
Legal Advertising Specialist
1
9g
Teresa L. Cannon
To: Polidora, Carol
Subject: RE: Ad Confirmation
Looks good, ok to run. Thank you so much!
Teresa L. Cannon, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
Teresa.Cannon @collierclerk.com
- - - -- Original Message---- -
From: Polidora, Carol [mailto :cpolidora @naplesnews.com)
Sent: Wednesday, March 13, 2013 11:03 AM
To: Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa,
Please provide immediate approval for publication on Saturday, 03.16.13.
THANKS!!!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Lea rn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date 03/13/13
Publication NDN
Account Number 744106
Ad Number 1982390
Total Ad Cost $269.70
1
Naples Daily News
Naples, FL 34110 J 9 B
Affidavit of Publication
Naples Daily News
-------------------------------------------------- +------------------ - - - - --
BCC /ENGINEERING - ENVIRONMENTAL
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
REFERENCE: 068783 4500139337
59714403 NOTICE OF INTENT T(
State of Florida
Counties of Collier and Lee
Before the undersigned authority, pers (
appeared Amy Davidson, says that she ser,
Inside Sales Supervisor, of the Naples D i
a daily newspaper published at Naples, i ]
County, Florida: distributed in Collier
and Lee counties of Florida; that the at
copy of advertising was published in sai I
newspaper on dates listed.
Affiant further says that the said Nap
News is a newspaper published at Naples,
Collier County, Florida, and that the sa
newspaper has heretofore been continuous
day and has been entered as second class
matter at the post office in Naples, in
• •
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 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.
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.
Individual 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
prior to the public hearing. All material used in presentations before the Board
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
Collier County, Florida, for a period of proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the pproceedings is made, which record includes the testimony and
next preceding the first publication of 1 evidenceuponwhichtheappealisbased.
attached copy of advertisement; and of f ii If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
further says that he has neither paid no: of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
promised any person, firm or corporation Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
discount, rebate, commission or refund fc are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
purpose of securing this advertisement f (COLLIER COUNTY, FLORIDA
publication in the said newspaper. GEORGIA A. HILLER, ESQ, CHAIRWOMAN
PUBLISHED ON: 03/16
AD SPACE: 90 LINE
FILED ON: 03/18/13
Signature of Affiant
Sworn to and Subscrib
Personally known by rr
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
-- - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 111-A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0 OR
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
* *NEW ** ROUTING SLIP
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throu h routing lines # t through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
3/26/13
Agenda Item Number
1
3. County Attorney Office
County Attorney Office
JAK,
3/26/13
4. BCC Office
Board of County
Commissioners
Number of Original
One
5. Minutes and Records
Clerk of Court's Office
Documents Attached
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above ma need to contact staff for additional or missing information.
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
3/26/13
Agenda Item Number
1
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
JAK
Type of Document
Ordinance — Hearing Examiner
Number of Original
One
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
n/a
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
INSTRUCTIONS & CHECKLIST
t: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, R 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
JAK
2.
Does the document need to be sent to another agency for additional signatures? If yes,
JAK
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAK
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding t allahassee within a certain
time frame or the BCC's actions are nullified. Be awn our deadlines!
8.
The document was approved by the BCC on 3/26/13 and all changes made during the
JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by
JAK
ror
BCC, all changes directed by the BCC have been made, and the document is ready th e
c t
N
Chairman's signature.
t: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, R 11/30/12
ORDINANCE NO. 2013- 2 5
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. 8.02.0l.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;" 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
Page 1 of 7
9 B '"1
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."
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.
Page 2 of 7
(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.
Page 3 of 7
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SECTION FIVE: Powers and Duties of the Hearing Examiner.
The Hearing Examiner shall have the following powers and duties:
1. Appeals 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. 10.08.00.1);
Page 4 of 7
LIB!
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
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.
Page 5 of 7
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
Wo
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 ^'i, day of �"'�.: z 4 , 2013.
ATTESTi•
DWI IT'E. BR4�eK, Clerk
By;Z }.
ITeputy le k
Attesf a� �Q Ghairr�ia,
BOARD OF CO TY COMMISSIONERS
COL ER COUN Y, FLORIDA
By: tk
G O IA . HILLER, ESQ.
C RWOMAN
Page 7 of 7
1i
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -25
which was adopted by the Board of County Commissioners
on the 26th day of March, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of March, 2013.
DWIGHT E. BROCK
Clerk of Courts a
Ex- officio to YRi'a
County Commi i6;a
By:
A -0i erk
Ci t
'Irs
Martha Vetg.4- —
Deputy Clerk-
■
(PLEASE PRINT CLEARLY) Agenda Item # -�)E
MEETING DATE 3/ Z-(, I / g Typ e) (Circle Meetin T g P
) Re ular Special Workshop Budget
AGENDA ITEM TITLE %i�ray,'/�S L c C,
NAME I��'
ADDRESS � YI
Representing /Petitioner: h ya,,,
Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT,
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
(PLEASE PRINT CLEARLY)
MEETING DATE I
AGENDA IT M TIITLEi_1
NAME `�i ! I rt` D TN In v,
Agenda Item # Cl L�
(Circle Meeting Type) Regule
\ PJ
ADDRESS
Special Workshop Budget
Representing /Petitioner: n '
Other: UJ � 4^
COLLIER COUNTY ORDINANCE N0. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT A L LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED 07- ADDRESSING THE BOARD BB COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
is