Collier hearing examiner eases county zoning workload

Since Collier County set up a hearing examiner program, county staff’s workload has been lightened and the number of land-use and county code petitions that county commissioners and planning commissioners must consider has been substantially whittled down.

Attorney Andrew Dickman, whose Naples firm was hired in July 2020, presided over 103 public hearings, rendered 299 decisions and took an average of 22 days to rule — eight days fewer than county code requires — according to a five-year HEX analysis he provided to the Board of County Commissioners that looked at 4½ years of active casework.

“It’s a tremendous amount of time savings,” Planning & Zoning Director Mike Bosi told county commissioners at the Aug. 25 meeting, noting Dickman Law Firm alleviated work for staff, the Planning Commission and Board of County Commissioners. “That’s countless, hundreds of hours … for petitions that don’t rise to that individual level, and I think it is significant. … It’s a great utilization of the resources that we do have.”

“… The HEX format successfully removed the high volumes of less controversial zoning petitions from the Planning Commission and, ultimately, the board’s agendas — maximizing the administrative efficiency,” Bosi added.

The July 14, 2020, contract and offer shows Dickman charges $225 hourly, while a senior attorney is paid $180 and an associate attorney $150. A paralegal is paid $100 hourly, and a legal assistant gets $50 per hour. The firm receives $50 hourly for travel, such as investigating properties and sites, but not for travel to hearings or meetings. The county budgeted $341,800 for the first two years of the contract, which has been extended through 2028.

Dickman, who also serves as Naples’ assistant city attorney, previously was city attorney for the cities of Tarpon Springs and St. Pete Beach. In addition to his law degree, he received a master’s degree in urban and regional planning.

“He keeps staff active and busy,” Bosi said.

Of the top five types of petitions Dickman and his firm handled, the analysis shows 27.3% were variance petitions, 26.3% involved boat-dock extensions and boathouses, while substantial changes to planned-unit developments accounted for 16%. About 7.5% were conditional-use permits, and 5.8% involved comparable-use determinations.

Of the county’s five districts, Districts 1 and 2 accounted for the majority, 63.6%. District 1, Commissioner Rick LoCastro’s district, covers East Naples, Marco Island, Goodland, Isles of Capri and Port of the Islands, while District 2, represented by Commissioner Chris Hall, covers North Naples, stretching from Pine Ridge Road north to Bonita Beach Road and the Lee County line.

Bosi attributed the discrepancy in the two districts’ petitions to marine-dock extensions and boathouses, noting Districts 3 and 4 followed in terms of workload.

Homeowners appreciate the HEX format, Bosi said, adding that staff support and the streamlined legal process mean landowners don’t have to hire and pay attorneys to handle hearings. Bosi said Dickman guides homeowners through the process at the start of each hearing, telling them he’s “just trying to get facts” and not to feel pressured.

“It provides a very welcoming environment to the individual homeowners,” Bosi said of petitions that could include a side-yard setback or front-yard variance. “They can go through the process without having to get paid professionals as representation.”

Verbatim minutes also are taken in the quasi-judicial proceeding, which takes place in the county’s Growth Management Development building, where a double conference room was renovated and improved with high-tech recording, video and audio equipment. The County Attorney’s Office also provides assistance at HEX hearings.

“It’s been a very good collaborative effort,” Bosi said.

Dickman has asked the Board of County Commissioners to make “small tweaks or changes” to the HEX program and decision-making process, Bosi said, to improve efficiencies. Once he and staff draft those changes, they will be brought to commissioners for more direction.

Among the suggestions, Dickman’s presentation shows, are quarterly meetings with GMD staff; revamping the HEX website landing page to ensure public notices are clearer; and a code overhaul using five years’ worth of HEX meetings to draft a “2.0 Version” of the county’s Land Development Code.