Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 21-R44, Approval of Professional Services Agreements to Re-appoint Special Magistrates for the City of Port St. Lucie.
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Submitted By: Theresa Freed, Paralegal, City Attorney’s Office
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Amber Moseley, Deputy City Attorney
2. Parties: City of Port St. Lucie and Claudette Pelletier, Esq., Keith Davis, Esq., and Robert “Bob” Makemson, Esq.
3. Purpose: To re-appoint Special Magistrates.
4. New/Renewal/Modified: Renewal
5. Duration: One year
6. Benefits to Port St. Lucie: Necessary to provide code compliance, building department and special set hearings for animal control and reasonable accommodation requests (among others).
7. Cost to Port St. Lucie (Annual and Potential): No change from last year, regular hourly rate of $140 (2-hour min.) and on-call hourly rate of $160.
Presentation Information: N/A
Staff Recommendation: Move that the Council complete the motion in the affirmative.
Alternate Recommendations:
1. Move that the Council amend the recommendation and complete the motion in the affirmative.
2. Move that the Council not approve and provide staff with direction.
Background: The Code Compliance Division and the Building Department enforce property maintenance, safety, building and zoning codes that affect the quality of life in the City of Port St. Lucie. Cities enact these regulations to help ensure attractive neighborhoods, vibrant businesses, and a peaceful and enjoyable community for everyone. City staff makes all available attempts to resolve code violations, however, should a code violation remain, cases may be referred to the Special Magistrate. The Special Magistrate provides legal services to the City in hearing matters over all alleged violations of the provisions of the Code of Ordinances and hears special set cases for appeals of the City’s Code for reasonable accommodation requests or dangerous dog declarations. The City of Port St. Lucie Code of Ordinances established the office of Special Magistrate per Chapter 37, Article I, Sec. 37.01 with the intent to promote, protect and improve the health, safety, and welfare of the citizens of the City by appointing a Special Magistrate with the authority to impose administrative fines and other non-criminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in the City, where a pending or repeated violation continues to exist (Sec. 37.02). Pursuant to Sec. 37.04(a), the City Manager shall, upon the recommendation and advice of the City Attorney, annually recruit qualified attorneys and retired judges to serve as Special Magistrates. Upon being provided a slate of recommended attorneys and/or retired judges by the City Manager, the City Council shall appoint, by Resolution, at least three (3) Special Magistrates per year.
Issues/Analysis: The City Council awarded E-Bid #20170264 pursuant to Agenda Item 11A on the April 9, 2018 at the regular City Council Meeting and re-appointed by the City Council via Resolution 20-R47, Item 11.c on April 27, 2020, City Staff has reviewed the Professional Service Agreements with Keith W. Davis, Claudette A. Pelletier, and Robert Makemson, and has determined that the hourly rates are fair and reasonable.
Financial Information: Funding for this project is provided in the Public Safety-Code Enforcement budget. The hourly rate remains the same for payment of the Special Magistrates.
Special Consideration: Each Magistrate is currently engaged in a one-year term, and the current contracts expire on April 23, 2021.
Location of Project: N/A
Attachments: Resolution and Professional Services Agreements for three Magistrates
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 6279, 6280, 6281
Legal Sufficiency Review:
Reviewed by Amber Moseley, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.