File #: RES 2018-175    Name: Code Enforcement Special Magistrates
Type: Resolution Status: Passed
File created: 8/7/2018 In control: City Commission
On agenda: 8/9/2018 Final action: 8/9/2018
Title: A RESOLUTION APPOINTING TWO (2) SPECIAL MAGISTRATES FOR CITY CODE ENFORCEMENT MATTERS AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE INDEPENDENT CONTRACTOR AGREEMENTS WITH RICHARD L. DOODY, ESQ. AND DAVID NATHAN TOLCES, ESQ. (ADDENDUM)
Indexes: Agreement, Code Enforcement, Resolution, Special Magistrate
Attachments: 1. RESOLUTION 2018-175-Code Enforcement Special Magistrates, 2. EXHIBIT A-Richard L. Doody Agreement, 3. EXHIBIT B-David Nathan Tolces Agreement, 4. BACKUP-Richard L. Doody Bio & Resume, 5. BACKUP-David Nathan Tolces Bio & Resume

AGENDA ITEM REPORT

TITLE:

title

A RESOLUTION APPOINTING TWO (2) SPECIAL MAGISTRATES FOR CITY CODE ENFORCEMENT MATTERS AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE INDEPENDENT CONTRACTOR AGREEMENTS WITH RICHARD L. DOODY, ESQ. AND DAVID NATHAN TOLCES, ESQ. (ADDENDUM)

 

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BACKGROUND:

The 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 from a list of candidates recommended by the City Manager. Since the 1990s, the City has utilized the special magistrate format for adjudicating code enforcement matters.

DISCUSSION:

This item appoints two (2) special magistrates for the City, to wit: Richard L. Doody, Esq. and David Nathan Tolces, Esq., and authorizes execution of the independent contractor agreements for same. The agreement contemplates an initial term of three (3) years 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:                     $22,800

BUDGETED?                     Y

NOTES:                       Currently budgeted at $22,800; amount depends on assigned cases; based on increase from $110 to $150 per hour, it is likely that the City will use the entire amount budgeted.