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2014-28574 Reso RESOLUTION NO. 2014-28574 A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE APPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON APRIL 24, 2014, AND ENDING ON OCTOBER 23, 2014; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an alternative code enforcement system wherein Special Masters are authorized to hold hearings and impose fines,- liens and other non-criminal penalties against violators of City and County Codes and Ordinances; and WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief Special Master," provides for the appointment of a Chief Special Master to fulfill the above referenced duties; and WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the Chief Special Master is established upon the City Commission's acceptance, by a majority vote, of the recommendation for appointment by the City Manager; and WHEREAS, the City Manager hereby recommends appointment of Enrique Zamora, Esq., as Chief Special Master for the City of Miami Beach, for a term commencing on April 24, 2014, and ending on October 23, 2014; and WHEREAS, all other matters set forth within Chapter 30 of the City Code, including, without limitation,- Sections 30-37 and 30-38 regarding compensation and duties of the Chief Special Master, shall continue to apply and remain in full force and effect; and WHEREAS, the= Chief Special Master and each Special Master, shall be prohibited from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF, MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Section 30-36 of the Code of the City of Miami Beach, concerning the appointment of Enrique Zamora, Esq., to serve as Chief Special Master, for a term commencing on April 24, 2014, and ending on October 23, 2014; provided further that, as Chief Special Master, Mr. Zamora shall be authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances, and shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct the subject hearings; and further incorporating all other matters set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special Master. PASSED and ADOPTED this day of April, 2014. ATTEST: 1 I L FAEL E. dRANAD ORATED: APPROVED AS TO CITY CLERK Y •'• e , E(DRNA& 1ANGUAGE 0\ & FOR EXE4C.UTION YU Date T:WGENDA\2014\ApriI\ZAM0RRA CHIEF SPECIAL MASTER RESO.doc COMMISSION ITEM SUMMARY Condensed Title: Appointment of Enrique Zamora, Esq., as Chief Special Master. Key Intended Outcome Supported: Ensure Compliance With Code Within Reasonable Time Frame,Emphasizing The Code For Commercial Development Supporting Data(Surveys,Environmental Scan,etc.): According to the 2012 Community Satisfaction Survey,61%of residents thought the City's code enforcement efforts were about right,while 21%felt the City did not do enough to enforce codes. Item Summa /Recommendation: On the determination of City Attorney Jose Smith that Enrique Zamora possesses the knowledge,skills and attributes to perform aFk'Chief Special Masters, and my concurrence with such determination, I am recommending Enrique Zamora, Esq. as Chief Special Master.Attached are two Resolutions providing for the appointment by the City Commission of Mr.Zamora as Chief Special Master. The first Resolution appoints Mr.Zamora as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the second Resolution appoints Mr. Zamora to hear appeals from citations and violations or denials,suspensions,and revocations of certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Mr. Zamora has a Juris Doctor Degree from the University of Miami School of Law(1985); a Master of Business Administration(1975)and a Master of Science Management in Accounting and Taxation(1981) from Florida International University;and a Bachelor of Science in Electrical Engineering(1971)from the University of Florida. Mr.Zamora is a partner with the law firm of Zamora&Hillman.Mr.Zamora's practice includes the areas of probate administration,probate litigation,guardianship,estate planning and elder law.He is a certified civil mediator. Mr. Zamora is an adjunct professor at St. Thomas University School of Law where he teaches Elder Law. He is the past chair of the Probate and Guardianship Committee of the Dade County Bar Association,where he also served as vice-chair and secretary. Mr.Zamora was the recipient of the 2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Association for Retarded Citizens,South Florida. Mr.Zamora was first appointed as a Special Master for the City of Miami Beach in October 2001. This item was originally discussed at the April 9,2014 Special City Commission meeting,but was deferred in order to give Mr. Zamora an opportunity to meet with the members of the City Commission. The Administration recommends approving the Resolutions. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 At$250.00/hour& Maximum of$1,250 per 011-0210-000312 hearing,the estimated amount for remainder of FY 13/14 is$36,750.The funding for FY 14/15 will be requested during the FY 14/15 Budget Process. OBPI Total $36,750 Financial Impact Summary: City Clerk's Office Legislative Tracking;, Rafael E. Granado, City Clerk Sign-Offs: /--� Departm for ,,---City Attorney �� ity Manager i REG J JLM TAAGENDA\2014Wpn MORA ief Special Ma er Ite S mary ers 3. 0c MIAMIBEACH AGENDA ITEM R7 � DATE P2 -'1 MIAMI BEAC H City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City C mission FROM: Jimmy L. Morales,-City Manager DATE: April 23, 2014 SUBJECT: APPOINTMENT OF CHIEF SPECI L MASTER 1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE APPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON APRIL 24, 2014, AND ENDING ON OCTOBER 23, 2014; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY, CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. 2. A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF SPECIAL MASTER APPOINTED PURSUANT TO RESOLUTION NO. ), AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON APRIL 24, 20140 AND ENDING ON OCTOBER 23, 2014. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS On the determination of City Attorney Jose Smith that Enrique Zamora possesses the knowledge, skills and attributes to perform as Chief Special Masters, and my concurrence with such determination, I am recommending Enrique Zamora, Esq. as Chief Special Master. Attached are two Resolutions providing for the appointment by the City Commission of Mr. Zamora. The first Resolution appoints , Mr. Zamora as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the second Resolution appoints Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and revocations of certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Language has been added to the Resolutions prohibiting the Chief Special Master and each Special Master from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City. Mr. Zamora is a partner with the law firm of Zamora & Hillman. Mr. Zamora's practice includes the areas of probate administration, probate litigation, guardianship, estate planning and elder law. He is also a certified civil mediator. He is the chair of the Guardianship Committee of the Elder Law Section of the Florida Bar and member of the Guardianship Task Force where he represents the Elder Law Section. Mr. Zamora is an adjunct professor at St. Thomas University School of Law where he. teaches Elder Law. He is the past chair of the Probate and Guardianship Committee of the Dade County Bar Association, where he also served as vice- chair and secretary. Mr. Zamora has served as general counsel, director and president of the South Florida Guardianship Association. Mr. Zamora has acted as General Master, Guardian Advocate, and Special Public Defender in Baker Act proceedings for the last six years. Mr. Zamora was the recipient of the 2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Association for Retarded Citizens, South Florida. Mr. Zamora was first appointed as a Special Master for the City of Miami Beach in October 2001. Mr. Zamora has a Juris Doctor Degree from the University of Miami School of Law (1985); a Master of Business Administration (1975) and a Master of Science Management in Accounting and Taxation (1981) from Florida International University; and a Bachelor of Science in Electrical Engineering (1971) from the University of Florida. A copy of Mr. Zamora's resume is attached for your review. Mr. Zamora has the knowledge, demeanor, skills and abilities, to perform as Chief Special Master. He will serve this City.with honor and distinction, and his appointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. This item was originally discussed at the April 9, 2014 Special City Commission meeting, but was deferred in order to give Mr. Zamora an opportunity to meet with the members of the City Commission. ' T:\AGENDA12014kApriI\ZAM0RRA CHIEF SPECIAL MASTER MEMO.doc ENRIQUE ZAMORA, ESQ. 3005 Aviation Avenue,Penthouse 4C Coconut Grove,Florida 33133$305-285-0285 LEGAL EXPERIENCE ZAMORA& HILLMAN 3006 Aviation Avenue,Penthouse 4C,Coconut Grove,Florida 33133-2000-present Areas of Concentration: Elder Law, Probate & Guardianship administration,litigation and mediation,Trust Administration&Litigation,Estate Planning. LAW OFFICES OF ENRIQUE ZAMORA 1102 Ponce de Leon Blvd.,Coral Gables,Florida 33134 - 1997-2000 Areas of Concentration: Elder Law and Probate & Guardianship litigation, Trust Administration,Estate Planning,Real Estate. PEREZ-ABREU,ZAMORA,HILLMAN&MARTIN-LAVIELLE,PA 901 Ponce de Leon Blvd.,#502,Coral Gables,FI 33134- Founding Partner, 1987-1997 Areas of Concentration: Probate & Guardianship litigation, Elder Law,Trust Administration,Estate Planning,Corporate,Contract and Business Law and related litigation; Real Estate. LEGAL ACTIVITIES § Past Chair of the Elder Law Section of the Florida Bar § Past director of the Florida State Guardianship Association § Past director of the Foundation for Indigent Guardianship § Member and former chair of the Probate & Guardianship Committee of the Dade County Bar § Guardianship Task Force-Elder Law Section Representative § Former Chair of the Grievance Committee 1 I`'D of the Florida Bar § Special Master for the City of Miami Beach § Special Magistrate over Baker Act proceedings&Marchman Act proceedings § Court Appointed Attorney-Ad-Litem for Cuban National Heirs, 11 th Judicial Circuit of the State of Florida,Miami-Dade County-Probate Division TEACHING ACTIVITIES St.Thomas University School of Law-2004-present. Adjunct Professor of Law-Elder Law and Guardianship Miami-Dade Comm.College-Professional Guardianship Program- 1998-2004. Lead Instructor&Planning Committee Chair of the course for Professional Guardians University of Miami-Koubek Center-September 1989-1998 SCHOOL OF CONTENUING STUDIES Adjunct Professor of Business Law CERTIFICATION Florida Bar Board Certified in Elder Law Florida Supreme Court Certified Civil Mediator HONORS AND AWARDS Super Lawyers list,by Florida Super Lawyers Magazine as a top attorney in Florida for 2012,2013 &2014 Top Lawyers of South Florida 2013 St.Thomas University School of Law—Outstanding Teaching Award-2013. St.Thomas University School of Law—SBA-adjunct professor award 2014 Pro Bono Award from the Dade County Bar Association and the 11th Judicial Circuit 2005 For Guardianship services rendered. Put Something Back-Richard C.Milstein Excellence Award-2007 Dade County Bar Association Award(2001-2002)For exceptional service as CHAIR of the Probate&Guardianship Committee. Dade County Bar Association Award (2000-2001)For exceptional service as CHAIR of the Probate&Guardianship Committee. Dade County Bar Association Award(1999-2000)For exceptional service as CHAIR of the Probate&Guardianship Committee. SEMINARS/PRESENTATIONS Dade County Put Something Back—Fees,Fees and More Fees Speaker Offered by the Dade County Bar Association-January 15, 2014 Elder Law Section—Annual Review—Guardianship Speaker January 18, 2014 Elder Law Section—Essentials of Elder Law Speaker January 17, 2014 16TH ANNUAL UNPROGRAM—"MEET THE ExPERTS" OFFERED BY TAE ACADEMY OF FLORIDA ELDER LAW ATTORNEYS-SPEAKER OCTOBER 11,2013 The Probate Team 2013—Closing Guardianships into Estates Speaker Offered by the Florida Legal Education Association-October 4, 2013 15TH ANNUAL UNPROGRAM—"MEET THE EXPERTS" OFFERED BY THE ACADEMY OF FLORIDA ELDER LAW ATTORNEYS-SPEAKER DECEMBER 15,2012 Florida State Guardianship Association-25th Annual Conference: Offered by the Florida State Guardianship Association--Speaker 4-hour Initial Examining Committee training March 2012 Florida State Guardianship Association-24th Annual Conference: Solving the Mysteries of Guardianship-Speaker Offered by the Florida State Guardianship Association-July 2011 r Personal Trust Fiduciary Training Offered by Morgan Keegan University - Speaker April 5,2011 Probate&Guardianship:A View from the Bench and Bar Offered by the Dade County Bar Association Probate & Guardianship Committee and Legal Aid/Put Something Back - Speaker March 1 l,2011 Elder Law Certification Exam Review Course B Event Chair Offered by the Florida Bar B January 2011 Elder Law Section Annual Retreat-Program Co-Chair Offered by the Florida Bar-October 2010 2010 Florida State Guardianship Annual Conference Elder Law Certification Exam Review Course Offered by the Florida Bar-Speaker January,2010 Guardianship Team 2009 Offered by the Florida Legal Education Association--Speaker February 2009 EDUCATION UNIVERSI'T'Y OF MIAMI-SCHOOL OF LAW CORAL GABLES,FLORIDA JuRls DOCTOR DEGREE 1985,CUM LAUDE-May 1985 FLORIDA INTERNATIONAL UNNERSITY MIAMI,FLORIDA MASTER OF BUSINESS ADMINISTRATION, 1975 MASTER OF SCIENCE IN MANAGEMENT,(Accounting&Taxation) 1981 UNIVERSITY OF FLORIDA GAi EsVILLE,FLORIDA BACHELOR OF SCIENCE IN ELECTRICAL ENGINEERING, 1971 PROFESSIONAL MEMBERSHIPS The Florida Bar Executive Committee of the Elder Law Section-Florida Bar(past chair) The Real Property,Probate and Trust Law Section-Florida Bar NAELA(National Academy of Elder Law Attorneys) AFELA(Academy of Florida Elder Law Attorneys) Dade County Bar Association Cuban American Bar Association Florida State Guardianship Association-former board member South Florida Guardianship Association-past President PUBLISHED WORKS St.Thomas Law Review Long Term Care Insurance:A Life Raft for Baby Boomers Volume 26,Fall 2013—Issue 1 St.Thomas Law Review Examining Committee Reports as a Basis to Dismiss Petitions to Determine Incapacity: A Question of Admissibility and Evidentiary Relevancy Volume 25,Summer 2013—Issue 3 St.Thomas Law Review Impact of the Cuban Embargo on Inheritances by Cuban Nationals Volume 24,Summer 2012—Issue 3 Elder Law Advocate- Two out of three reports and you're out-But should you be? Volume XX,No.3 -Fall 2012 Elder Law Advocate- The right to bear arms as a removable right in incapacity proceedings Volume XIX B No. l B Spring 2011 Elder Law Advocate- The issue of standing in guardianship litigation Volume XVIII B No.3 B Fall 2010 Elder Law Advocate- The use of the Baker Act and its alternatives Volume XVII B No.3 B Fall 2009 Elder Law Advocate- Dealing with foreign wards and their investments Volume XVI-Volume Two-Winter 2008 Florida Journal of International Law,University of Florida Levin College of Law-"Obstacles Encountered Representing the Interests of Cuban Nationals in the American Courts"-Spring 2003 Volume XV Number 3.