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Council renews special‑magistrate contract amid council concerns about enforcement outcomes

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Summary

Council renewed its special‑magistrate contract after debate about case continuances, fee recovery and the magistrate’s role; staff will review administrative fee schedules and report back on possible council guidance to limit excessive fine reductions.

The council approved a contract extension with its special magistrate (contract renewal passed 5‑0) after public comment and an extended council exchange about enforcement outcomes and fee reductions in code enforcement cases.

Town staff and the magistrate’s representative said the magistrate is an impartial adjudicator and follows state statutes and the town’s existing fee schedule. Council members voiced frustration that some long‑running cases had resulted in nominal net penalties after years of continuances. Council asked staff to review administrative fee recovery and to return with options for council guidance on minimum recoveries and whether an ordinance amendment setting limits on reductions is appropriate.

“Administrative costs are not ever waived,” a staff member said in the meeting; Town Attorney Glenn Torsivia cautioned the magistrate must remain impartial and that council cannot direct the magistrate how to rule, although the council can set policy or ordinances that influence remedies.

Ending: Council approved the magistrate contract renewal and directed staff to review fee schedules and options for clarifying recovery of administrative costs and consistent guidance for magistrate proceedings.