Madeira removes special magistrate
Delays in reaching decisions on code issues causes city to replace Langford
By WAYNE AYERS
| Article published on Tuesday, April 21, 2009 |
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MADEIRA BEACH – Making what one commissioner described as “a major change in the city administration,” the Madeira Beach Board of Commissioners decided to replace longtime special magistrate Herbert Langford with a well-known local municipal attorney.
Langford had served as special magistrate since 2004. His annual contract with the city had just been renewed last December.
The special magistrate, called special master in previous years, acts as a quasi-judge, ruling on code enforcement, special exception uses and variance matters. The position was established in Madeira Beach in 2004 after the city decided to eliminate the Board of Adjustments.
The special magistrate has the authority to impose fines for noncompliance and his decisions can be appealed only to the state circuit court.
The commission voted 4-1 at its April 14 regular meeting to appoint James Denhardt as special magistrate. The action was taken on the recommendation of City Manager W.D. Higginbotham.
Denhardt currently serves locally as city attorney of Redington Shores and Pinellas Park and is special master in Belleair Bluffs.
In requesting the appointment of Denhardt, Higginbotham cited incidents in which he said there were delays getting decisions from Langford.
“It was taking too long to get a decision (from Langford),” said Higginbotham. “Once a special magistrate hears the case, it is unreasonable anyone should have to wait up to two months for a decision. They should expect a decision within a reasonable amount of time.”
Also, rotating the city magistrate position from time to time is “a healthy thing to do,” Higginbotham added.
Commissioner Steve Kochick, who voted no on the appointment of Denhardt to replace Langford, said there are cases, particularly variances, where additional time is needed to reach a decision.
“People expect decisions right away, but there are times when more information is required,” he said.
Pressed by Kochick, Higginbotham said the delay incidents with Langford “happened at least once in the past.”
Vice Mayor Nancy Oakley said there have been issues with Langford stretching back several years. In comments made following the meeting, she said Higginbotham’s citing of one or two incidents was “being kind to the special magistrate.”
The special magistrate situation had been brought up at a previous commission workshop session, but that discussion had been about hiring a backup to Langford, rather than replacing him. Denhardt had been Higginbotham’s choice for the backup position.
Now that the commission has appointed Denhardt to serve as special magistrate, Higginbotham said he will act to terminate Langford’s contract with the city.
Denhardt was recently honored by the Redington Shores commission for his service to that community. He has been town attorney there for the past 30 years.
Resident parking pass limits removed
Residents will no longer be limited to two parking passes per household. An amendment to a section of the city code dealing with parking permits removes the limitation.
The law updates the code to recognize the larger number of vehicles owned by residents and their family members, Higginbotham said.
Proof of vehicle ownership and Madeira Beach residency is needed to obtain the permits, which allow residents to park free in metered spaces at municipal parking lots, including John’s Pass.
The passes cannot be used at the county park, 14400 Gulf Blvd., because it is no longer under city jurisdiction. Vehicles longer than 18 feet and commercial vehicles are not eligible for free parking.
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Article published on Tuesday, April 21, 2009
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