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CITY OF RIVIERA BEACH CITY COUNCIL AGENDA ITEM SUMMARY

Meeting Date:	5/6/2020
Agenda Category:	CONSENT RESOLUTION

Subject:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPOINTING ATTORNEY ALCOLYA J.L. ST. JUSTE AS DEVELOPMENT SPECIAL MAGISTRATE TO CONDUCT HEARINGS AND MAKE FINAL DECISIONS REGARDING APPLICATIONS FOR VARIANCES AND FOR RELIEF FROM REQUIREMENTS OF THE LAND DEVELOPMENT CODE, AND TO CONDUCT ADMINISTRATIVE APPEALS OF ANY ORDER OR REQUIREMENT MADE BY THE DIRECTOR OF COMMUNITY DEVELOPMENT/DEVELOPMENT SERVICES IN THE ENFORCEMENT OF ANY REGULATIONS IN THE LAND DEVELOPMENT CODE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LEGAL SERVICES AGREEMENT FOR THE SAME; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Recommendation/Motion:

The Office of the City Attorney recommends the approval of this Resolution appointing Attorney Alcolya J.L. St. Juste as the Development Special Master.

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Affected Parties	Not Required

Background/Summary:

The City of Riviera Beach maintains and desires to promote the safety, health and welfare of its residents by providing for enforcement of its Code of Ordinances.

The City’s Code of Ordinances, specifically Chapter 31, Article II, entitled “Development Special Magistrate,” authorizes the City Council to appoint a Development Special Magistrate to preside over hearings and appeals pursuant to this Article on an “as needed basis”.

Article II also provides that the Development Special Magistrate shall be a licensed attorney, member of the Florida Bar in good standing and knowledgeable in land development and zoning laws and issues.

Section 31-37 of Article II, entitled “Duties and Powers” of the City’s Code of Ordinances, authorizes the City Council to appoint a Development Special Magistrate to conduct hearings regarding applications for variances and for relief from requirements of the City’s Land Development Code and to make final decisions either granting, conditionally granting, or denying such applications in accordance with Article II of the City Code of Ordinances.

The Development Special Magistrate will also hear and decide administrative appeals concerning allegations of an error in any order, requirement, decision or determination made by the Community Development/Development Services Director in the enforcement of any regulations in the Land Development Code, including, but not limited to, the zoning code, the sign code, and the subdivision code, of the City of Riviera Beach.

The City has a need for a Development Special Magistrate for these referenced hearings, as the City’s previously appointed attorney serving as Development Special Magistrate has rendered his resignation.

Attorney Alcolya J.L. St. Juste possesses the experience and skills as an attorney and member of the Florida Bar necessary to serve as a Development Special Magistrate for the City.

The Office of the City Attorney finds that the retention of Attorney Alcolya J.L. St. Juste as Development Special Magistrate for the City in variance and land development hearings, appeals of the City’s Land Development Code and decisions, and other City hearings is in the best interests of the City and serves a valid public purpose.

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III. Review Comments

A. Finance Department Comments:

B. Purchasing/Intergovernmental Relations/Grants Comments:

C. Department Director Review:

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ATTACHMENTS:
File Name	Description	Upload Date	Type
CA-Memo_to_Mayor_and_City_Council_Development_Special_Master.pdf	Memorandum to Mayor and City Council Development Special Magistrate	4/28/2020	Cover Memo
Resolution_Development_Special_Magistrate(V2).docx	Resolution_Development_Special_Magistrate(V2)	4/22/2020	Resolution
Legal_Services_Agreement_Development_Special_Magistrate_Signed_by_ASJ.pdf	Legal Services Agreement Development Special Magistrate	4/22/2020	Exhibit

REVIEWERS:
Department	Reviewer	Action	Date
Community Development	Answerer	Approved	4/22/2020 - 5:36 PM
Purchasing	Pemsel, Althea	Approved	4/24/2020 - 12:02 PM
Finance	sherman, randy	Approved	4/25/2020 - 3:16 PM
Attorney	Wynn, Dawn	Approved	4/27/2020 - 1:16 PM
City Clerk	Robinson, Claudene	Approved	4/27/2020 - 2:09 PM
City Manager	Jacobs, Deirdre	Approved	4/29/2020 - 9:04 PM