AGENDA ITEM REPORT
TITLE:
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A RESOLUTION APPOINTING A SPECIAL MAGISTRATE FOR CITY CODE ENFORCEMENT AND ADJUDICATION OF SCHOOL ZONE SPEED DETECTION SYSTEM ENFORCEMENT MATTERS; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT WITH RICHARD L. DOODY, ESQ. FOR PROFESSIONAL MUNICIPAL SPECIAL MAGISTRATE SERVICES.
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BACKGROUND:
Florida Statutes, Chapter 162, “County or Municipal Code Enforcement,” provides that municipalities may appoint Special Magistrates as an alternative method of hearing code enforcement matters; and the City’s Code of Ordinances, Section 2-227, “Jurisdiction,” provides that the Special Masters or Magistrates of the City shall be selected by the City Commission and Section 2-244(b), “Designation of Local Hearing Officer,” of the City’s Code of Ordinances, provides for the City’s Special Magistrate to serve as the Local Hearing Officer designated to conduct hearings requested by alleged violators desiring to contest notices of violation under the School Zone Speed Detection Program, in accordance with Chapter 316, Florida Statutes. Since the 1990s, the City has utilized the special magistrate format for adjudicating code enforcement matters. The City has utilized the services of Richard L. Doody, Esq. as a Special Magistrate for the past eight (8) years, but his contract will expire in August.
DISCUSSION:
This item appoints Richard L. Doody, Esq. as Special Magistrate for the City and authorizes execution of the independent contractor agreement for same. The agreement contemplates an initial term of one (1) year with the right to extend under the same terms and conditions for two (2) additional one (1) year periods.
RECOMMENDATION:
Staff recommends approval of this resolution.
FISCAL IMPACT:
REVENUES: $ 0
EXPENDITURES: $ 32,000
BUDGETED? Yes
NOTES: Funds are available in Account No. 0161-3112, Police Outside Legal Counsel ($7,000) and Account No. 0154-3112, Community Enhancement Outside Legal Counsel ($25,000). Amount based on historical usage.