HomeMy WebLinkAboutR-2008-133 Special Magistrate Fee Increase RESOLUTION NO. 2008-133
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPOINTING GORDON LINN, MARK BERMAN AND MITCH KRAFT TO
ACT AS CODE ENFORCEMENT SPECIAL MAGISTRATES FOR
MUNICIPAL CODE ENFORCEMENT PROCEEDINGS AND ADJUSTING
THE COMPENSATION FOR THEIR SERVICES; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach re-appoints Gordon
Linn, Mark Berman and Mitch Kraft to continue to act as Code Enforcement Special Magistrates
for municipal code enforcement proceedings. A copy of the terms and conditions of the
appointments, including an adjustment to the compensation for their services is attached and
incorporated by this reference. The appointees shall serve at the pleasure of the City Commission.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are be repealed to the extent of such conflict.
Section 3 . That this Resolution shall be in force and take effect immediately upon its
passage and adoption and shall be retroactive to April 1, 2008.
PASSED and ADOPTED on August 12, 2008.
'S FIRST cT r
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ATTEST: _
LOUISE STILSON, CMC ALBERT C. JONE
CITY CLERK yo° MAYOR-COMMI SIONER
APPROVED AS TO FO A CORRECTNESS�
BY: /
TH AS J. BIW
CITY ATT RN Y
From the Office of the City Attorney
August 5, 2008
Re: Special Magistrate Retainer Agreement
Dear
This Retainer Agreement shall confirm that you continue to agree to act as a Code
Enforcement Special Magistrate for the City of Dania Beach ("City") under the following terms
and conditions;
1. Pursuant to the authority provided in City Resolution No. 2008-133, adopted on
August 12, 2008, this will serve as your re-appointment as a Special Magistrate for Code
Enforcement commencing retroactively as of April 1, 2008. You will serve at the pleasure of the
City Commission.
2. It is agreed that you will be compensated for your services on an hourly basis at
the rate of$125.00 per hour, excluding travel time to and from Special Magistrate hearings and
meetings.
3. It is agreed that you may bill for actual reasonable out-of-pocket expenses in
connection with your Special Magistrate duties, including but not limited to, such ordinary
expenses as postage, telephone calls (a copy of the telephone bill must be submitted with the
request), photocopy charges ($0.15 per page) and courier charges.
4. As a Code Enforcement Special Magistrate, you will be responsible for
preparation for and attendance at scheduled Special Magistrate Hearings, review of the final
order(s) and such other duties as the City may assign. Additionally, you will adhere to Chapter
162, Florida Statutes, Chapter 2 of the City Code of Ordinances and the City's Zoning and Land
Development Codes as they relate to Code Enforcement matters, the Florida Rules of Civil
Procedure, rules of evidence and all other City ordinances relevant to code enforcement.
5. It is agreed that you will submit a detailed invoice to the City Code Enforcement
Department, Attention: Nick Lupo, Code Compliance Manager within fifteen (15) days of after
the end of the preceding month. Invoices shall include: the date of each hearing over which you
presided, the total number of hours worked (rounded to the nearest tenth), and a brief summary of
the work performed. Any reimbursement for out-of-pocket expenses outlined above requires the
submission of invoices, bills, receipts, etc.
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6. Each invoice will be reviewed and submitted to the Finance office for processing.
In the event that there is a question or dispute as to a certain invoice, either the Code
Enforcement Office or the City Attorney's office will contact you to resolve the matter.
7. This Agreement may be cancelled by the City upon five (5) days' prior written
notice with or without cause. Upon such termination, you shall be entitled only to such fees and
costs earned as of the date of termination. In the event you deem it necessary to cancel this
agreement, you shall give thirty (30) days' prior written notice to the City Attorney's office.
8. In connection with the Special Magistrate duties, it is understood and agreed that
you shall not represent clients in lawsuits, quasi-judicial proceedings, or administrative matters
involving the City, nor shall you represent any client in a property-related matter with a
reasonable potential of becoming a respondent before the Code Enforcement Board, a Special
Magistrate or both. Further, you shall not receive a referral fee for referring a current or future
potential client to another attorney, if such client is pursuing or intends to pursue any claim
against the City in a court of law, any arbitration hearing, or before a state or local government
administrative board.
9. The City will indemnify and defend you in your capacity as a Special Magistrate
for Municipal Code Enforcement proceedings, from any cause of action that may arise from the
performance of your duties as Special Magistrate on behalf of the City, within the scope and
course of your employment.
Please sign in the space provided below and send the original to my office.
Very truly yours,
Thomas J. Ansbro, City Attorney
City of Dania Beach
Agreed and accepted by:
Date:
Esq.
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