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2010-27468 Resoi ~ 2010-27468 RESOLUTION NO. -~ 1 J 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 RE-APPOINTMENT OF ABRAHAM LAESER, ESQUIRE, TO SERVE AS .CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 15, 2010, AND ENDING ON MARCH 14, 2011; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER 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 re-appointment of Abraham Laeser, Esquire, as Chief Special Master for the City of Miaini Beach, for a term commencing on t_ September 15, 2010, and ending on March 14, 2011; 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 presents 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 re-appointment of Abraham Laeser, Esquire, to serve as Chief Special Master, for a term commencing on September 15, 2010, and ending on March 14, 2011; provided further that, as Chief Special Master, Mr: Laeser 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 15`" day of September, 2010. ATTEST: , MA O Matti Herrera Bower ~~~ CITY CL RK Robert Parcher T:\AGENDA\2010\September 15\Consent\Abe Laeser Reappointment Chapter 30.doc APPROVED AS TO FORM & LA~iGUAGE & FO - .ECUTfON ~~~,® y ttorney ate COMMISSION ITEM SUMMARY T:~ Condensed Title: Re-appointment of Abraham Laeser, Esquire, as Chief Special Master. Cey Intended Outcome Supported: Increase resident satisfaction with level of code enforcement. Shall Abraham Laeser be re-appointed to serve as Chief Special Master for a term commencing on September 15, 2010, and ending on March 14, 2011? Issue: Item Summa /Recommendation: At the July 14, 2010 Commission meeting, there was a discussion regarding the re-appointment of the Chief Special Master and the matter was referred to the City Attorney's Oversight Committee (minutes attached as Exhibit 1). The attached two Resolutions provide for the re-appointment by the City Commission of Abraham Laeser, Esquire, as Chief Special Master. One Resolution re-appoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re-appoints Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and revocations of occupational licenses and certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he retired in April 2009. Mr. Laeser is a long time resident of Miami Beach and is active in the community. He served the City with distinction as a member of the Miami Beach Charter Review Committee. The Administration recommends approvin the Resolutions. Advisory Board Recommendation: Source of Amount Account Approved Funds: ~ 2 3 4 OBPI Total Financial Impact Summary: Financial Information: Ci Clerk's Office Le islative Trackin Bob Parcher, City Clerk Sign-Offs: Department Director Assistant City Manager Ci anage ~~(~FAII'1A\7l11l1~Cn.,+e.,,b.e.. ~ cv+........_.~ n ~__~_~ ~ _ ~~ ~.rwv~w~iiiv~uicaneain LdCSC~ IiefTl .7UfT1fT18l~/AOC A~ EIV DA ITEM G 7 ~ ~~ ~ ~~M 1~ ~'~ DATE g /~ /~ m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ,.~ Jose Smith, City Attorn DATE: .SEPTEMBER 15, 2010 SUBJECT: RE-APPOINTMENT OF CHIEF SPECIAL 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 RE-APPOINTMENT OF ABRAHAM LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 15, 2010, AND ENDING ON MARCH 14, 2011; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER 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 RE-APPOINTING, PURSUANT TO SECTION 102-356 OF THE. CITY CODE, ABRAHAM LAESER ESQ., (CHIEF SPECIAL MASTER RE-APPOINTED PURSUANT TO RESOLUTION NO. AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR. LAESER'S TERM AS CHIEF . SPECIAL MASTER ON SEPTEMBER 15, 2010, AND ENDING ON MARCH 14, 2011. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS At the July 14, 2010 Commission meeting, there was a discussion regarding the re-appointment of the Chief Special Master. The matter was referred to the City Attorney's Oversight Committee. The City Attorney's Oversight Committee met on August 24, 2010 (minutes attached as Exhibit 1). The attached two Resolutions provide for the re-appointment by the City Commission of Abraham Laeser, Esquire. One Resolution re-appoints Mr. Laeser_ as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re-appoints Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and revocations of occupational licenses and certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Language has been added to one of 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. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he retired in April 2009. Mr. Laeser is a long time. resident of Miami Beach and is active in the community. He served the City with distinction as a member of the Miami Beach Charter Review Committee. In 1999 he received the William S. Scurr Award for career dedication to prosecution. In 1996 he received. the Eugene Berry Award for Exemplary Career Service, and in 1996 and 2003 he received the Distinguished Faculty Award. Since 1997, Mr. Laeser has been an Adjunct Professor in Trial Advocacy at the University of Miami. Mr. Laeser has the knowledge, demeanor, .skills and abilities, to perform as Chief Special Master. He will to 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. JMG/REP/LRM/Im T:\AGENDA\2010\September 15\Consent\Abe Laeser Re-Appointment Memo.doc "Exhibit 1" City Attorney Oversight Committee Minutes of the Meeting held on Tuesday, August 24, 2010 Commission Members Present: Commissioner Libbin Commissioner Tobin Commissioner Wolfson Administration Members Present: Jorge Gonzalez, City Manager Robert Parcher, City Clerk Lisa Martinez, Clerk for the Special Master Cindy Neves, Clerk for the Special Master Hilda Fernandez, Assistant City Manager, entered the meeting towards the end of the meeting Legal Department Members Present: Jose Smith, City Attorney Rhonda Hasan, First Assistant City Attorney Steven Rothstein, First Assistant City Attorney Aleksandr Boksner, Senior Assistant City Attorney Special Masters Present: Abraham Laeser Joe Kaplan Enrique Zamora Babak Movahedi The meeting was called to order at approximately 3:45 p.m. Jose Smith, City Attorney, explained the purpose of the meeting and reviewed the Agenda. Item 1: Jose Smith, City Attorney, stated that the City is providing legal violation noticing by follow. Florida Statute 162 and the City Code. Discussion held regarding violation noticing. Motion made by Commissioner Wolfson to provide notice via Florida Statute 162 and the City Code supplemented by serving via registered mail the registered agent list in Sunbiz or by the City's address listed on the Business Tax Receipt (BTR). No second was offer. Commissioner Tobin recommended following the Administrative Guidelines approved by the City Commission.. The Administrative Guidelines state: "All initial violations issued by Code, Building, and Fire Departments should be sent to the property owner/responsible agent in the manner required pursuant to applicable Florida law, with a copy to the property owner or responsible agent at the address shown on file on www.sunbiz.org." If it is determined that the Administrative Guidelines are not being followed then the City Commission will look into enacting by ordinance. Commissioner Tobin clarified that the letter to the registered agent is a certified letter. Item 2: Chief Special Master Laeser spoke about the independence of the special master process and having the ability to communicate with the City Commission directly if a difference of opinion should arise between either the Legal Department and/or the Administration. The Committee gave clear direction that the process will be first to try to resolve the issue with the City Manager and if a resolution can not be reached to bring the item before the City Attorney Oversight Committee. It was also stated that all official communications regarding the special master process must be through the Chief Special Master. Item 3: The term of the Chief Special Master, who appoints special masters is six (6) months. There was a discussion regarding extending the term to one (1) year. A motion was made by Commissioner Wolfson to change the term from a six (6) month appointment to a one (1) year appointment; no second was offered. Commissioner Tobin indicated that he would like the term to stay as it is for now. Item 4: There was a discussion regarding increasing the rate of compensation for the for the special masters. The special masters, pursuant to City Code are compensated at a base rate of $100 per hour with a maximum payment of $500 per session. A session is presently defined as session 1 morning and afternoons and session 2, evenings. Chief Special Master Laeser recommended the following sessions: Session 1: 9 am to 12 noon with a maximum payment of 3 hours Session 2: 2 pm to 6 pm with a maximum payment of 4 hours Session 3: 6 pm to 10 pm with a maximum payment of 4 hours Jorge Gonzalez, City Manager, recommended that the Chief Special Master and the City Clerk work out the schedule. There was a discussion regarding some of the special master hearings going late into the evening or early morning. Jorge Gonzalez, City Manager, indicated that late hour meetings cost the city in overtime and have a negative impact on the employees who have to report to work the following day. Item 5: There was a discussion regarding the elimination of the CAP provision. Note added to provide background information: Effective September 19, 2009, pursuant to City Ordinance 2009-3647, "The special master shall, at the time of the imposition of a fine, may impose a cap on the total amount of a fine that may accrue and, at a subsequent hearing, the special master shall reduce the fine cap to reflect partial compliance. The cap provision set forth in this section shall not apply to the fines imposed pursuant to other chapters in this Code that do not impose per diem fines." The cap provisions shall automatically sunset and shall be repealed on September 19, 2011. Chief Special Master Laeser indicated that the cap eliminates the incentive to come into compliance. No formal action was taken. Item 6: The Committee asked if Ms. Lisa Martinez and Ms. Cindy Neves, Code Violation Clerks, would like to add to the discussion. Ms. Neves brought up the issue of the affidavit of non-compliance issued by the inspectors. She stated that when special master orders the violator to be in compliance by a certain date if they do not and the inspector submits an affidavit of non-compliance the fine should start to run as of the date of the affidavit. Presently this is not the case. The Administration is requesting the Chief Special Master make this clear in the Order Amending Procedure Before City Special Masters. Ms. Martinez indicated that special masters have indicated they would like all. of the information available about the case in front of them at the initial hearing. It is recommended that when the inspectors submit a case that they make a copy of the entire file. Item 7: A question was raised regarding inspector training. The Chief Special Master indicated that he would be happy to do a training program with the inspectors. Item 8: Jorge Gonzalez, City. Manager, asked if there is any advantage to having special masters assigned to specific types of cases. It was determined that this would not be helpful. Item 9: The "Mitigation Guidelines" were discussed. The Legal Department stated that they would like to review the mitigation guidelines with the Chief Special Master: Regarding mitigations, Hilda Fernandez, Assistant City Manager, recommended that the Administration present to the special master during a mitigation hearing the actual costs associated with case along, with any additional information pertaining to the case. The information will give the special masters more information to base. their final recommendation. On certain circumstances the Legal Department may also wish to provide their input. The meeting adjourned at approximately 5:55 p.m Minutes prepared by Robert Parcher, City Clerk ~9 BEFORE THE CHIEF SPECIAL MASTER IN . AND, FOR THE CITY OF MIAMI BEACH, FLORIDA ADMINISTRATIVE ORDER OF THE CHIEF SPECIAL _ MASTER APPOINTING OTHER SPECIAL MASTERS THIS MATTER has come on before the Chief Special Master of the Speciaf Master ..program of the City of Miami Beach, Florida and pursuant to authority set forth in Chapter 30, Section 30-36 of the Miami Beach City Code, I hereby reappoint Enrique Zamora, Esquire and Joe Kaplan, Esquire, and Babak Movahedi, Esquire as Special Masters. I find that each Special Master has the knowledge, skills and abilities to perform as such. Each . Special Master shall serve and perform all the duties and responsibilities incumbent upon ' him/her as required by Chapters 30 and 102 of the City of Miami Beach Code. Each Special Master appointed by this.Administrative Ordershall serve until March 14, 2011, or until a successor has been appointed. - This Administrative Order shall be placed on file in the Offices of the City Clerk and the City Attorney, and a copy shall be delivered to each of the appointed Special Masters. Done and Ordered as of this 15t" day of September, 2010 ABRAHAM LAESER,.ESQUIRE ~ Chief Special Master ~: f _- MIAMIBEACH - City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CITY CCERK'S OFFICE - 'Tel: 305-673-741 1 ,Fax: 305-673-7254 STATE OF FLORIDA , ...COUNTY OF .MIAMI-DADS CITY OF MIAMI' BEACH: OATH OF OFFICE I, Abraham Laeser, a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution. of the United States and the State of Florida, and that 1 will faithfully perform the duties of the Office of Chief Special Master of the -City of Miami Beach for which I have been appointed. X ~ E~2=G-r_--' Abraham Laeser, Chief Special Master Sworn to and subscribed before me this /~ day of ~ , 2010. . X ~-~~ti LI A R. MARTINEZ (Witne ) V4; c,r~ r--~ nmitfed to prwidiri~~ -xcr~ anf pulp-ic, scrvir.e and Carets to all v~lto live:; wark, acid p~crv in our vibit7nt. 'mOrr:r71, historic cvrnrnunity. IA IB ~ . _ M M EACH City of Miami Beach, 1700 Convention Center Drive, Miami. Beach, Florida 33139, www.miamibeachfi:gov CITY CLERK'S OFFICE ' ~, Tel:'305-673-7411 ,Fax: 305-673-7254 STATE OF FLORIDA COUNTY OF M1AM1-DADS ' CITY OF MIAMI BEACH: - OATH OF OFFICE 1, Babak Movahedi, a citizen of the. State of Florida and of the United States of America, and being an officer of the City of .Miami Beach and a recipient of public funds as such officer, do hereby solemnly. swear or affirm that I will support the Constitution of the United States and the State of Florida, and that I will faithfully perform the duties of the Office of Special Master of the City of Miami Beach for which I have been appointed. . Sworn to and subscribed before me this /.~ day of ~ ~" , 2010. .. t ~% X ~ ~'' /~- LISQ R: MARTLNEZ (Witness) .. ~N arr. conun;tt~d `o prcwidint~ _ xc ~li'~~n~ puh'le: ~e.rv cr and safe+y t~ r7il w~~io !ive; wc~ik, cmd play in our vibrant. 'n~pr-al, f ls;,,ric. <omrr~umty. - ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CITY CLERK'S OFFICE Tel: 305-673-741 1 ,Fax: 305-673-7254 STATE OF FLORIDA _ GOUNTY OF MIAMI-DADE CITY OF MIAMI BEACH: OATH OF OFFICE I, Joe Kaplan,. a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of publicfunds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States - .and the State of Florida,-and that I will faithfully perform the duties of the Office of Special Master of the .City of Miami-Beach for which I have been appointed. . ~ ~ ~ r Sworn to and subscribed J~e~Ka'plan, Spec~I Master ~' me this ~ day of -_..._,~__' ;-201-0. r ~/~.~^~ ``~~1l61111i111/I//// r .~o ..a~NIA L. NF~ii~~~~ ~~ C;.~ ~tdSSIONF .,FcS' i~ 5 ~ ~ ~V ~~~\ 20, pQ~ao~ ~• y ••® E* #DD983758 : Q i 9 '? 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