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 To...
Click here for full text