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Home My WebLink AboutItem #13 Discussion Regarding Designation of the Code Enforcement Special Magistrate Pursuant to Ordinance No. 2017-005 ocoee florid❑ AGENDA ITEM COVER SHEET Meeting Date: February 7, 2017 Item # /3 Reviewed By: Contact Name: Scott Cookson, City Attorney Department Director: Contact Number: 407-581-9800 City Manager: Rob Subject: Discussion Regarding Designation of the Code Enforcement Special Magistrate Pursuant to Ordinance No. 2017-005. Background Summary: On January 17, 2017, the City Commission approved Ordinance 2017-05 which established an office of Special Magistrate to hear code enforcement matters. Though the ordinance provides that the jurisdiction of the existing Code Enforcement Board and Special Magistrate will be nonexclusive, primary jurisdiction regarding violations relating to properties zoned other than residential will be referred to a Special Magistrate. Per Ordinance 2017-05, the City Commission is now authorized to designate a Special Magistrate, who must be an attorney licensed to practice law in Florida. On September 16, 2014, in response to an RFQ for hearing officer services for red light camera violations, the City Commission approved a response by and entered into a subsequent agreement with Shepard, Smith & Cassady, P.A., attorney Andrew Hand, for hearing officer services. Mr. Hand has agreed to amend his existing agreement with the City so that he can serve as the City's Special Magistrate for code enforcement matters at the rate of$180.00 per hour until September 30, 2017. Issue: Should the Honorable Mayor and City Commissioners designate Mr. Andrew Hand as a Special Magistrate for code enforcement matters and authorize the City Manager to execute an amendment to the City's Hearing Officer Services Agreement with Shepard, Smith & Cassady, P.A., to allow Mr. Hand to serve as Special Magistrate at an hourly rate of$180.00 per hour for Special Magistrate services? Recommendation: Staff respectfully requests the Honorable Mayor and City Commissioners designate Mr. Andrew Hand as a Special Magistrate for code enforcement matters and authorize the City Manager to execute an amendment to the City's Hearing Officer Services Agreement with Shepard, Smith & Cassady, P.A., to allow Mr. Hand to serve as Special Magistrate at an hourly rate of $180.00 per hour for Special Magistrate services. Attachments: Resume Amended Agreement - forthcoming Financial Impact: Mr. Hand is currently paid the greater of $500.00 per day or $100.00 per hour for services performed relating to red light camera violations and this will not change. Mr. Hand has requested to be paid $180.00 per hour for those services performed by him as Special Magistrate for code enforcement matters. No minimum is requested. The attorney to the Code Enforcement Board is currently paid $190.00 per hour. Since the Special Magistrate will also hear code enforcement matters, thus reducing the time needed for Code Enforcement Board hearings, the fiscal impact for payment to the Special Magistrate is anticipated to be minimal. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 ANDREW J. HAND Shepard,Smith&Cassady,PA 2300 Maitland Center Parkway, Suite 100 Maitland,FL 32751 (407)622-1772 ext. 104 ahand @shepardfirm.com LAW PRACTICE&TEACHING EXPERIENCE Shepard,Smith&Cassady,P.A. Maitland,FL Attorney,2007-Present. Local Government,litigation,real property,land use law. Advised clients in all areas of Florida law related to municipal government,drafted development documents,drafted municipal ordinances,provided extensive advice to local governments regarding Florida growth management law, provided advice to local governments regarding environmental issues. Assisted clients in all aspects of business representation complex commercial litigation,assisted clients in commercial real estate closings,advised clients on"green" development issues,served as attorney for several HOA and condominium associations. City Attorney,Dunnellon Florida. University of Florida,Frederic G.Levin College of Law Gainesville,FL Adjunct Professor of Florida Land Use Law,2009. Instructor,2008. Designed and taught upper level law course. Florida Land Use Law (LAW6930, Section 5457) is a "practitioner oriented"course addressing land use law specific to the State of Florida. The course curriculum focuses on the necessity, history, and implementation of growth management controls in Florida and addresses county and municipal authority to regulate, requirements mandated by Florida's Growth Management Act,comprehensive planning in Florida,zoning ordinances,creative land use controls,CRAs, CDDs,Florida takings law,and litigation relating to land use disputes. Federal Development,LLC Washington,DC Legal Associate,2005. Reviewed and redrafted development agreements,legal and predevelopment work for a$150,000,000 -300 acre project. University of Florida Gainesville,FL Teaching Assistant,2002-2003. Business Law 4310.Graded coursework,proctored exams,held office hours to assist students,created test questions. ADDITIONAL PROFESSIONAL WORK EXPERIENCE Holbrook Inc. Gainesville,FL Accounting,2002-2003. Generated custom income statements and managerial reports. Gainesville Police Department Gainesville,FL Crime Analysis Intern,2002. Narcotics research/creation of narcotics intelligence files,intelligence research,analysis. PUBLISHED ARTICLES "Senate Bill 360 Essentials for Real Estate Professionals," University of Florida Friends and Alumni of Real Estate Quarterly Newsletter,(Fall 2009) "Funding Available to Central Florida Local Governments under the American Recovery and Reinvestment Act of 2009,"SS&C,(March 2009) "Amendment One Need Not Have a Chilling Effect on Local-Government"Green"Building Efforts in Florida," Quality Cities Magazine,(March/April 2008) "Local Government Authority to Remove Abandoned and Derelict Vessels," Waterways and Waterfronts, (January 2007) PRESENTATIONS Presenter-"Dark Sky Legislation by Local Governments,"University of Florida,Levin College of Law, Marine&Coastal Law(March 2010) Moderator&Panelist—2009 Florida Brownfields Conference.`Brownfields&Green Development," Florida Brownfields Association(Scheduled,November 2009) Presenter-"An Overview of Florida's System of Growth Management,"University of Florida,Levin College of Law ELULP Internship and Extemship Orientation(May 2009) Presenter-"A Normative Analysis of Transferable Development Rights in Florida and their Role in Takings Analysis,"University of Florida,Levin College of Law Conservation Clinic(April 2009) CERTIFICATIONS&AWARDS Florida Bar Board Certified Specialist in City,County and Local Government Law LEEDS AP(Leadership in Energy and Environmental Design Accredited Professional) Planning Award for Town of Marineland Unified Land Development Code—Awarded by American Planning Association,Florida Chapter EDUCATION University of Florida,Frederic G.Levin College of Law Gainesville,FL LL.M.in Environmental and Land Use Law,May 2009 University of Florida,Frederic G.Levin College of Law Gainesville,FL Juris Doctor(cum laude),December 2006 • Elected to Phi Kappa Phi Honor Society • Member Phi Delta Phi Cockrell Inn—Legal Honors&Service Fraternity University of Florida,Warrington College of Business Gainesville,FL Master of Science in Real Estate,May 2006 • Recipient of Capstone Development Project Award University of Florida,Warrington College of Business Gainesville,FL B.S.Business Administration(cum laude),Major in Finance,May 2002 Minor in Economics,December 2001 Minor in Classical Studies,May 2002 • Elected to Golden Key National Honor Society • Elected to Eta Sigma Phi -Classics Honor Society • Elected to National Society of Collegiate Scholars