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Overview of Strategic Planning for Lee County Office of the Hearing Examiner (Dec 2009)

This document provides a comprehensive overview of the Lee County Office of the Hearing Examiner's strategic planning as of December 2009. It covers the office's history since its creation in 1988, including the total number of zoning and code enforcement hearings conducted since inception. The mission is outlined, emphasizing the promotion of public health, safety, and welfare through a quasi-judicial process. The document also discusses current services, financial history, operational challenges, and projections for the future, highlighting the evolving nature of zoning cases and potential budget constraints.

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Overview of Strategic Planning for Lee County Office of the Hearing Examiner (Dec 2009)

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  1. Strategic Planning LEE COUNTY OFFICE OF THE HEARING EXAMINER December 2009

  2. BACKGROUND/HISTORY • OFFICE CREATED BY ORDINANCE 88-30 • FIRST ZONING HEARING HELD JANUARY 1989 ONE – HEARING EXAMINER TWO – CLERICAL STAFF • FIRST CODE ENFORCEMENT HEARING HELD FEBRUARY 1990 TWO – HEARING EXAMINERS THREE – CLERICAL STAFF • NUMBER OF ZONING HEARINGS SINCE 1989 – 3,503 • NUMBER OF CODE ENFORCEMENT HEARINGS SINCE 1990 – 7,925

  3. MISSION STATEMENT ZONING • Promote, protect and improve the health, safety and welfare of the citizens of unincorporated Lee County through a quasi-judicial public hearing process. Provide timely written Recommendations and Decisions containing an impartial analysis of the facts, evidence and Lee County regulations for each zoning/land use request. CODE ENFORCEMENT • Promote, protect and improve the health, safety and welfare of the citizens of unincorporated Lee County by the enforcement of the Lee County ordinances and regulations through a quasi-judicial public hearing process.

  4. Organization

  5. CURRENT CORE SERVICES ZONING • Zoning cases heard by Hearing Examiner & Decisions/Recommendations Issued for - Developments of Regional Impact - Planned Developments - Rezonings - Special Exceptions - Variances - Administrative Appeals • Land Development Code - Update Hearing Examiner provisions, as needed - Review and comment on other proposed changes • Total Public Hearings (FY 08/09): 165 CODE ENFORCEMENT • Enforce LDC and other Lee County Ordinances • Conduct Lien Mitigation and other special code related hearings • Issue Code Orders, Releases of Lien and Satisfactions of Lien Total Number of Cases (FY08/09): 763 Total Number of Orders Issued (FY08/09): 1,537

  6. State & County Mandates

  7. STATE MANDATES • None for Hearing Examiner program • However, BOCC has authority under Florida Statute Chapters 125, 162, 286 and 380 to create special boards and special hearing procedures that utilize hearing officers BOCC MANDATES • Zoning and land use hearings (LDC) • Administrative Appeals (LDC and Specific Lee County Ordinances) • Code Enforcement (LDC and Specific Lee County Ordinances)

  8. Budget/Funding

  9. Funding • Funding from General Fund • Minimal revenue (sale of paper copies of documents and public hearing audio tapes) • FY 88/89 Budgeted: $188,337 • FY 89/90 Budgeted: $448,140

  10. FISCAL HISTORY HEARING EXAMINER 5-YEAR HISTORICAL BUDGET DATA Adopted Budget FY 04/05 Adopted Budget FY 05/06 Adopted Budget FY 06/07 Adopted Budget FY 07/08 Adopted Budget FY 08/09 Adopted Budget FY 09/10

  11. MAJOR EXPENSE CATEGORIES

  12. EXPENSES • State & Federal Mandates – NONE • BOCC Directed – Hearing Transcripts & Court Reporter Fees

  13. Where are We Today?

  14. Approved Positions - 2 Hearing Examiners - 3 Full-time and 1 Part-time Clerical Staff • Budget Cuts - Approved Budget $759,790 - Reduction from FY08/09 $ 47,181 Included the following reduction in personnel and operational funding Work week cut to: 39 Hours for full-time employees 20 Hours for part-time employee Court Reporter funding cut by $15,000 (largest operations account) • Major Issues - Zoning hearings becoming more adversarial and complex, resulting in multi- day hearings and a significant increase in court reporter costs, as well as the potential for a backlog/delay in already pending cases.

  15. WHERE ARE WE GOING?

  16. FUTURE CORE SERVICES • Zoning – same as current services • Code Enforcement – same as current services THREE YEAR PROJECTIONS / OPTIONS • Do not foresee any significant changes in operational budget or increase in office revenue • Possible Reductions (if necessary): Hours of operation Staffing • Potential reduction in number of zoning/land use and Code Enforcement cases – resulting from economic situation and actions by other Lee County Departments

  17. QUESTIONS AND DISCUSSION

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