TO: Honorable Mayor & Members of the North Port Commission
FROM: Jason Yarborough, ICMA-CM, Interim City Manager
TITLE: A Resolution of the City of North Port, Florida, Appointing James Toale to the Position of Hearing Officer with the Authority to Hear and Decide Matters Related to Enforcing the City's Codes, as well as Zoning-Related Matters; Incorporating Recitals; Providing for Conflicts; Providing for Severability; and Providing an Effective Date
Recommended Action
Approve Resolution No. 2021-R-01 as drafted, appointing James Toale to a four year term as a Hearing Officer, with the authority to hear and decide matters related to enforcing the City’s codes, as well as zoning-related matters.
Background Information
The City’s Hearing Officer is authorized to hear and decide code enforcement cases, as well as any other matters the City Commission determines appropriate. Additionally, in the absence of there being a sufficient number of members appointed to the Zoning Board of Appeals (“ZBA”) to constitute a quorum, the Hearing Officer serves in the place of and exercise the powers of the ZBA.
On November 9, 2015, the City Commission adopted Resolution No. 2015-R-31, appointing James Toale, Esquire, as a Hearing Officer for the City. Both the City Code and ULDC limit the Hearing Officer’s term of appointment to no more than four years.
James Toale, Esquire, has expressed an interest in serving another four-year term as a Hearing Officer for the City. Mr. Toale continues to meet the following requirements established by the City in order to be appointed as a Hearing Officer:
1. Is an attorney, and has been for at least five years prior to this appointment.
Per the attached member profile from the Florida Bar, Attorney Toale has been a licensed attorney in the State of Florida since 1983.
2. Is in good standing with the Florida Bar Association, and has been for at least five years.
Per the attached member profile from the Florida Bar, Attorney Toale is a member in good standing and no 10-year discipline history.
3. Resides or practices law within Sarasota County, Florida.
Per the attached member profile from the Florida Bar, Attorney Toale practices law in Sarasota.
4. Has a minimum of two years’ experience in land use, zoning, or other land use regulatory experience.
Per the attached member profile from the Florida Bar, Attorney Toale has been a board certified specialist in the area of real estate since 1990.
5. Is not a City employee, officer, board, or committee member.
Per the attached member profile from the Florida Bar, Attorney Toale works for the Tannebaum Law Group.
6. Demonstrates satisfactory knowledge of municipal law and the general procedures for enforcement of municipal codes.
Page 2 of the attached RFP sets forth Attorney Toale’s knowledge of these matters, in addition to his service as the City’s Hearing Officer since 2015.
7. Demonstrates a temperament suitable for the exercise of the quasi-judicial powers vested in each hearing officer.
If appointed, Mr. Toale will continue to receive an hourly rate of $195.00 while reviewing appeals or petitions for variance, scheduling and conducting hearings, and while preparing written findings of fact, decisions, and orders. Mr. Toale will not be compensated for his travel time.
Additionally, if Mr. Toale is named as a defendant in a lawsuit for actions taken during the scope of his duties as a Hearing Officer, he will now be compensated at an hourly rate of $50.00 for his time spent consulting with attorneys, preparing for and attending depositions, and preparing for and attending court hearings.
Strategic Plan
Efficient & Effective Government
Financial Impact
N/A
Procurement
N/A
Attachments:
1. Resolution No. 2021-R-01 - Appointment of Hearing Officer
2. James Toale Response to RFP 2015-31
3. James Toale Confirmation of Interest
4. Florida Bar Member Profile - James Toale
Prepared by: Michael Golen, Assistant City Attorney
Department Director: Amber L. Slayton, City Attorney