SUBJECT
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Approve Agreements for Land Use Hearing Officer Services with (1) Garganese, Weiss, D'Agresta & Salzman, PA; (2) Conn & Buenaventura, PA; and (3) Janet A. McDonald, Esq. (estimated annual cost of $75,000, collectively).
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DESCRIPTION
Section 975 of the Polk County Land Development Code authorizes the Board to appoint qualified land use hearing officers who have the authority to conduct hearings regarding applications for variances and special exceptions, to decide appeals of administrative decisions and determinations, and to perform any other tasks or take any other action authorized by the Code, as may be amended, or by resolution of the Board. The County currently retains the services of the following three Land Use Hearings Officers, whose contracts each expire on March 31, 2023:
1. Neysa J. Borkert (Garganese, Weiss, D'Agresta & Salzman, PA) Orlando, FL
2. Barrie S. Buenaventura (Conn & Buenaventura, PA) Tampa, FL
3. Janet A. McDonald, Lakeland, FL
Each of the three hearing officers listed above are agreeable to continuing to provide land use hearing officer services to the County, at the rate of $150 per hour, and have executed their respective proposed agreements. The agreements each provide for a three-year term beginning April 1, 2023, and concluding March 31, 2026, with an option for either party to terminate for its convenience upon 30 days' prior written notice.
RECOMMENDATION
Approve, and authorize the Chairman to execute, the Agreements for Land Use Hearing Officer Services with (1) Garganese, Weiss, D'Agresta & Salzman, PA; (2) Conn & Buenaventura, PA; and (3) Janet A. McDonald, Esq., respectively.
FISCAL IMPACT
In calendar year 2022, 104 applications for variances, special exceptions, and temporary special exceptions were reviewed by the Land Use Hearing Officers. One administrative determination appeal was heard by the hearing officers during their two-year agreement term, for a total approximate cost of $2,500 annual...
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