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2002-24707 Reso .' ~. . RESOLUTION NO. 2002-24707 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER CONCERNING THE APPOINTMENT OF JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER COMMENCING DECEMBER 29, 2001, AND ENDING JUNE 29,2002, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE AUTHORIZED TO HOLD ADMINISTRA- TIVE HEARINGS REGARDING APPEALS FROM CITA- TIONS FOR VIOLATIONS OF MIAMI BEACH CITY CODE CHAPTERS AND REGARDING DENIALS, SUSPENSIONS, AND REVOCATIONS OF OCCUPATIONAL LICENSES AND CERTIFICATES OF USE, AND TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT SUCH HEARINGS PURSUANT TO CITY ORDINANCES. WHEREAS, pursuant to City of Miami Beach Ordinances, upon prior recommendation of the City Manager, the City Commission by a majority vote may appoint a Chief Special Master who shall be authorized to hold hearings and impose fines, liens, and other non-criminal penalties against violations of City Ordinances, and who shall be authorized to hear appeals from citations for violations of Miami Beach City Code provisions and to conduct hearings regarding denials, suspensions and revocations of occupational licenses and certificates of use, and who shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct such hearings pursuant to City Ordinances; and WHEREAS, the use of Special Masters under the direction of a Chief Special Master has proven to be an expeditious, cost effective and fair means of adjudicating issues relating to code violations; and .:.J: WHEREAS, the City Manager has recommended the reappointment of Judge Robert Newman as the Chief Special Master for a six month term commencing December 29,2001, and ending June 29, 2002, or until a successor has been appointed. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby accepts the recommendation of the City Manager, and re-appoints Judge Robert Newman to serve as Chief Special Master, for a six month term commencing December 29, 2001, and ending June 29, 2002, or until a successor has been appointed, who shall be authorized to hold hearings and impose fines, liens and non-criminal penalties against violators of City Ordinances and who shall be authorized to hear appeals from citations for violations of Miami Beach City Code provisions and to conduct hearings regarding denials, suspensions and revocations of occupational licenses and certificates of use and who shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct such hearings as may be required pursuant to City Ordinances. PASSED and ADOPTED this 9th day of January, 0 2. ATTEST: ~t PCUJu-- CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~I)b~:-~ ~ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ ~ Condensed Title: Two Resolutions providing for the re-appointment by the City Commission of Judge Robert H. Newman, upon the recommendation of the City Manager. One Resolution appoints Judge Newman as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution appoints Judge Newman as the City Manager's designee 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. Issue: Shall Judge Robert H. Newman be re-appointed for a term of six months? Item Summary/Recommendation: I Adopt the resolution. Advisory Board Recommendation: I Not applicable Financial Information: Amount to be expended: D Finance Dept. . Ap~rovea Source of Funds: Sign-Ofts: . Department Director {l.'4f Assistant City Manager AGENDA ITEM DATE C7G- /-9-oJ. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\Ci,miami-beach,f1,us TO: FROM: SUBJECT: COMMISSION MEMORANDUM DATE: January 9, 2002 Jorge M. Gonzalez City Manager Murray Dubbin City Attorney A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE MIAMI BEACH CITY MANAGER CONCERNING APPOINTMENT OF JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER, COMMENCING DECEMBER 29, 2001, AND ENDING JUNE 29, 2002, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF CITY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; INCORPORATING ALL OTHER MATTERS SET FORTH WITIllN CITY OF MIAMI BEACH RESOLUTION NO. 98- 22777 CONCERNING THE COMPENSATION AND DUTIES OF THE CIDEF SPECIAL MASTER. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER CONCERNING THE APPOINTMENT OF JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER COMMENCING DECEMBER 29, 2001, AND ENDING JUNE 29, 2002, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE AUTHORIZED TO HOLD ADMINISTRATIVE HEARINGS REGARDING APPEALS FROM CITATIONS FOR VIOLATIONS OF MIAMI BEACH CITY CODE CHAPTERS AND REGARDING DENIALS, SUSPENSIONS, AND REVOCATIONS OF OCCUPATIONAL LICENSES AND CERTIFICATES OF USE, AND TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT SUCH HEARINGS PURSUANT TO CITY ORDINANCES. ADMINISTRATION RECOMMENDATION: Adopt the Resolutions. ANALYSIS: The attached two Resolutions provide for the reappointment by the City Commission of Judge Robert H. Newman. Judge Newman has the knowledge, skills and abilities, to perform as Chief Special Master. One Resolution appoints Judge Newman as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution appoints Judge Newman as the City Manager's designee 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. In his role as Chief Special Master, and pursuant to Section 30-37(a), Judge Newman will continue to actively hear cases under Chapters 30 and 102 of the Miami Beach City Code at a rate of One Hundred Dollars ($100) per hour, with a maxil!lum payment of Five Hundred Dollars ($500) per hearing session. ~. . - Judge Newman has served this City with distinction, and his reappointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. JG:REP:LRM:lm