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Consent   3.
Regular Board of Supervisors Meeting
Community Development
Meeting Date:
11/01/2016
Title:
Approve Contract for Hearing Officer
Submitted By:
Terry Hudson, Procurement
Department:
Procurement
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
2
NAME
of PRESENTER:
Terry Hudson
TITLE
of PRESENTER:
Procurement Director
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
Docket Number (If applicable):

Information

Agenda Item Text:

Approve Professional Service Agreement No. PSA 17-08-P&Z-04 to Gregory Johnson for Hearing Officer Services for the Community Development Department, Planning, Zoning and Building Safety Division in the not to exceed annual amount of $5,000 for a one year period beginning on October 25, 2016 with a renewal option of four additional one year periods. 

Background:

The Community Development Department requires the services of a Hearing Officer to make determinations on violations to the Zoning Regulations in accordance with the procedure duly adopted by the Cochise County Board of Supervisors, including but not limited to the following:
  • Function in the capacity of a administrative law judge to determine whether or not a respondent has committed a violation of the Cochise County Zoning Regulations or Building Safety Codes 
  • Determine the time and place for said hearing in a timely manner, unless agreed to by the County or in the event that there are unique circumstances presented to the Hearing Officer 
  • Conduct said hearing and make determinations thereon 
  • Prepare findings of fact and conclusions of law in support of said decisions 
  • Impose civil penalties on persons adjudicated to be in violation of said regulations or codes, as applicable 
  • Pursuant to A.R.S. §11-810, Hearing Officer hears appeals of dedications, exactions and the adoption or amendment of a zoning regulation that is alleged to be a taking in violation of A.R.S. §11-811 
  • The Board of Supervisors may, at its discretion, and with the consent of the Hearing Officer, assign the Hearing Officer to preside over administrative appeals of other matters, as well

Department's Next Steps (if approved):

Execute agreement, schedule required services and monitor agreement performance.

Impact of NOT Approving/Alternatives:

The Community Development Department would be without a Hearing Officer and could not hold hearings on violations.

To BOS Staff: Document Disposition/Follow-Up:

Obtain Chairman of the Board’s signature, two original copies have been hand delivered to the BOS staff a copy is attached.


Fiscal Impact

Fiscal Year:
One-time Fixed Costs? ($$$):
Ongoing Costs? ($$$):
County Match Required? ($$$):
A-87 Overhead Amt? (Co. Cost Allocation $$$):
Source of Funding?:

Fiscal Impact & Funding Sources (if known):

The Community Development Department has budgeted sufficiently for this expenditure in their annual work plan in fund line 100-1900-1930 421.000

Attachments