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2011-27607 Reso RESOLUTION NO. 2011 -27607 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 MARCH 15, 2011, AND ENDING ON SEPTEMBER 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 Miami Beach, for a term commencing on March 15, 2011, and ending on September 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 represents a client in a manner adverse to the interests of the 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 March 15, 2011, and ending on September 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 9 day of March, 2011. ATTEST: d// 1 4 - 0" : 4 ` A OR Matti Herrera Bower AAA " 0 1 CITY CL RK Robert Parcher T:\AGENDA\2011\3- 09- 11\Abe Laeser Reappointment Chapter 30.doc APPROVED AS TO FORM & LANGUAGE FOR EX CUTION (0 4 2.) 2 ri ity 117 ey Date COMMISSION ITEM SUMMARY Condensed Title: Re appointment of Abraham Laeser, Esquire, as Chief Special Master. Key Intended Outcome Supported: Increase resident satisfaction with level of code enforcement. Issue: Shall Abraham Laeser be re- appointed to serve as Chief Special Master for a term commencing on March 15, 2011, and ending on September 14, 2011? Item Summary /Recommendation: 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 approving the Resolutions. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 2 3 S b f ()BPI Tots ........................ " Financial Impact Summary: City Clerk's Office Legislative Tracking: Bob Parcher, City Clerk Sign -Offs: Department Director Assiritant City Manages City Manager r . „ ) T:\AGENDA\2011 \3- 09- 11\Abraham Laeser Item Summary.doc 4 AGENDA ITEM C M IAMI BEACH '"�"'' DATE 3 --q 1( CA MIAMI BEACH City of Miami Beach, 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 Attor DATE: MARCH 9, 2011 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, ESQUIRE, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON MARCH 15, 2011, AND ENDING ON SEPTEMBER 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 ESQUIRE, (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 MARCH 15, 2011, AND ENDING ON SEPTEMBER 14, 2011. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS 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. t4e JMG /REP /LRM /Im T:\AGENDA\2011 \3- 09- 11\Abe Laeser Re- Appointment Memo.doc