Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 26-R82, Appointment/Reappointment, Respectively, of Three Special Magistrates and Approval of and Authorization for the City Manager to Execute an Engagement Agreement with Each Special Magistrate.
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Submitted By: Oswmer Louis, Code Compliance Administrator, Neighborhood Services Department
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): One-year appointment of one Special Magistrate (Sebastian Poprawski, Esq.) and one-year reappointment of two Special Magistrates (Jamy Ernst Barreau, Esq., & Keith W. Davis, Esq.) for Code Compliance, Building Department, special set hearings for Animal Control, Solid Waste, and reasonable accommodation requests (among others).
Presentation Information: There is no presentation; however, staff are available for questions.
Staff Recommendation: Move that the Council appoint Sebastian Poprawski, Esq., and reappoint Jamy Ernst Barreau, Esq., & Keith W. Davis, Esq., to the positions of Special Magistrate and approve of an authorize the City Manager to execute the Engagement Agreements governing the Special Magistrates’ services.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve of and authorize the City Manager to execute the Engagement Agreements for the appointment of Sebastian Poprawski, PA., and the reappointments of Jamy Ernst Barreau, Esq., & Keith W. Davis, Esq., as Special Magistrates for the City.
2. Move that the Council not approve and provide staff with direction.
Background: 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).
The Neighborhood Services Department 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 safe, peaceful and enjoyable community for everyone. City staff make 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 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.
Issues/Analysis: 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 with 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.
Financial Information: Per the attached Special Magistrate Engagement Agreements, the City would compensate the Special Magistrates each at the rate of two hundred dollars ($200) per hour.
Special Consideration: The Department seeks Council’s appointment of Sebastian Poprawski, Esq., and reappointments of Jamy Ernst Barreau, Esq., & Keith W. Davis, Esq., to serve as Special Magistrates and approval to authorize the City Manager to execute the attached Engagement Agreements which shall govern the terms of the Special Magistrates’ services.
Location of Project: N/A
Business Impact Statement: N/A
Attachments:
1. Resolution with Attachments.
2. Exhibit A - Engagement Agreement - Jamy Ernst Barreau, Esq.
3. Exhibit A - Engagement Agreement - Keith W. Davis, Esq.
4. Exhibit A - Engagement Agreement - Sebastian Poprawski, Esq.
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: 26279-09
Reviewed by Richard Berrios, City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.