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2002-25094 ResoRESOLUTION NO. 2002-25094 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDA- TION OF THE MIAMI BEACH CITY MANAGER CONCERNING AP- POINTMENT OF JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER, COMMENCING DECEMBER 31, 2002, AND ENDING JUNE 30, 2003, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLA- TORS 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 WITHIN CITY OF MIAMI BEACH RESOLUTION NO. 98- 22777 CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: WHEREAS, in Miami Beach City Code Chapter 30, Section 30-2 governing "Code Enfomement" was amended to provide for an alternative code enfomemem system wherein Special Masters were authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City Codes and Ordinances; and WHEREAS, in Miami Beach City Code Chapter 30, Section 30-36, entitled "Appointment of Chief Special Master;" a provision was made for the appointment of a Chief Special Master to fulfill the above referenced duties, with the authority to appoint such other Special Masters as reasonably required to conduct said hearings; appointment of the Chief Special Master is established upon the Miami Beach City Commission's acceptance by a majority vote of the Miami Beach City Manager's recommendation for appointmem; and WHEREAS, the City Manager of the City of Miami Beach hereby recommends reappointment of Judge Robert Newman to fill the position of Chief Special Master for the City of Miami Beach; and WHEREAS, all other matters set forth within City of Miami Beach Resolution No. 98- 22777 with regards to limitation on compensation to be paid to the Chief Special Master, as well as other duties of the Chief Special Master shall remain in effect for a six month term commencing December 31, 2002, and ending June 30, 2003, 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 Mayor and City Commission hereby accept the recommendation of the Miami Beach City Manager concerning reappointment of Judge Robert Newman to serve as Chief Special Master pursuant to Miami Beach City Code Chapter 30 entitled "Code Enforcement", said Chief Special Master to be authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City Codes and Ordinances and further authorized to appoint such other Special Masters as may be reasonably required to conduct the subject hearings; and that all other matters set forth within City of Miami Beach Resolution No. 98-22777 concerning the compensation of the Chief Special Master as well as other duties of the Chief Special Master serving as Special Master are incorporated herein and shall remain in effect for a six month term commencing December 31, 2002, and ending June 30, 2003, or until a successor has been appointed. PASSED and ADOPTED this 114 day of De~ ATTEST: CITY CLERK VIAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 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 Special Master program of the City of Miami Beach, Florida and pursuant to authority set forth in Chapter 30, Section 30-36 of the City of Miami Beach Code, I hereby reappoint Eunice L. Martin, Esq., Carolyn Y. Howard, Esq., and Jason M. Berkman, Esq., and Enrique Zamora, Esq., as Special Masters. David AIschuler, Esq. is appointed on an as-needed basis only. 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 Order shall serve for a period of six (6) months from the date of this Order. This Administrative Order shall be placed on file in the Offices of the City Clerk and the City Attorney, a certified copy hereof shall be delivered to each of the appointed Special Masters. Done and Ordered as of this 27th day of December, 2002, at the City of Miami Beach, Miami-Dade County, Florida R~BEIS, T H. NEWMAN Chief Special Master CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: IReappointment of Judge Robert H. Newman as Chief Special Master. Issue; IShall Judge Robert H. Newman be reappointed as Chief Special Master for a term of six months? Item Summary/Recommendation: Judge Robert H. Newman's term as Chief Special Master expires on December 30, 2002 or until a successor has been appointed. Pursuant to City Code Section 30-37(a) the Chief Special Master shall be appointed to a term of six (6) months. The attached two Resolutions provide for the reappointment by the City Commission of Judge Robert H. Newman. 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 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. The Administration recommends adopting these resolutions. Advisory Board Recommendation: IN/A Financial Information: Amount to be expended: Source of Funds: Finance Dept. Sign-Offs: T:~AGEN DA~002~JUN1902~CONSENT~NewmanSurnm ary.doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.rniami-beach.fl.us TO: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: December 11, 2002 Jorge M. Gonzalez City Manager Murray H. 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 31, 2002, AND ENDING JUNE 30, 2003, 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 WITHIN CITY OF MIAMI BEACH RESOLUTION NO. 98-22777 CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF 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 31, 2002, AND ENDING JUNE 30, 2003, 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 Judge Robert H. Newman's term as Chief Special Master expires on June 29, 2002 or until a successor has been appointed. Pursuant to City Code Section 30-37(a) the Chief Special Master shall be appointed to a term of six (6) months. The attached two Resolutions provide for the reappointment by the City Commission of Judge Robert H. Newman. 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 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, 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 maximum payment of Five Hundred Dollars ($500) per hearing session. Judge Newman is a retired Senior Judge with 20 years of active time on the bench. He is an active member in good standing of the Florida Bar. Judge Newman's professional activities and associations include: · Admitted to practice before U.S. Supreme Court · Commissioner on Miami-Dade County Committee on Ethics and Public Trust · Chief Land Commissioner for the East Everglades · Past President, Temple Beth Am · Past Member of the Faculty of Florida New Judges College · Instructor at Miami-Dade Community College Paralegal Program Chief Special Hearing Officer, City of Miami Beach Judge Newman was initially appointed to serve as the Chief Special Master on June 17, 1998. Since that time he has consistently demonstrated his knowledge, integrity, and abilities to perform as Chief Special Master. He has served this City with distinction and his reappointment will best serve the interest of the City. As such, it is recommended that the City Commission approve the reappointment of Judge Robert Newman. JMG/R'~P/Irm T:~AGENDA~2002~JUN1902~CONSENT~Newman doc JUDGE ROBERT H. NEWMAN (SENIOR JUDGE) 11 ISLAND AVENUE #1811 Miami Beach, Florida 33139 (305) $31-1608 EDUCATION: Miami Beach High School College, University of Miami - 1950 Law School: University of Miami, J.D. 1952 MEDIATION/: NEGOTIATION Mediator with Mediation, Inc., a group of former judges And experienced trial attorneys providing neutral third party intervention to settle major pending litigation throughout the' U.S.A. Certified Circuit Court Mediator, State of Florida LAW PRACTICE: 1952-1959 Private Practice 1959-1961 Assistant State Attorney 1961-1963 Assistant U.S. Attorney 1963-1978 Private Practice JUDICIAL HISTORY: Appointed to the County Court 1978 Appointed to the Circuit Court 1982 Administrative Judge Probate & Guardian Division PROFESSIONAL ACTIVITIES & ASSOCIATIONS: U.S. Supreme Court (Admitted to practice before) Chief Land Commissioner for the East Everglades Commissioner on Miami-Dade County Committee on Ethics and Public Trust Former Secretary National Board of Trustees, Leukemia Society of America, Inc. and Chairman, Planned Giving Committee and By- Laws Committee Former President, Temple Beth Am Former Member of the Faculty of Florida New Judges College Instructor at Dade County Community College Paralegal Program Chief Special Hearing Officer, City of Miami Beach 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 Special Master program of the City of Miami Beach, Florida and pursuant to authority set forth in Chapter 30, Section 30-36 of the City of Miami Beach Code, I hereby reappoint Eunice L. Martin, Esq., Carolyn Y. Howard, Esq., and Jason M. Berkman, Esq., and Enrique Zamora, Esq., as Special Masters. David Alschuler, Esq. is appointed on an as-needed basis only. 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 Order shall serve for a period of six (6) months from the date of this Order. This Administrative Order shall be placed on file in the Offices of the City Clerk and the City Attorney, a certified copy hereof shall be delivered to each of the appointed Special Masters. Done and Ordered as of this 27~ day of December, 2002, at the City of Miami Beach, Miami-Dade County, Florida R~BE~T H. NEWMAN Chief Special Master JUDGE ROBERT H. NEWMAN (SENIOR JUDGE) 11 ISLAND AVENUE #1811 Miami Beach, Florida 33139 (305) 531-1608 EDUCATION: Miami Beach High School College, University of Miami - 1950 Law School: University of Miami, J.D. 1952 MEDIATION/: NEGOTIATION Mediator with Mediation, Inc., a group of fomier judges And experienced trial attorneys providing neutral third party intervention to settle major pending litigation throughout the' U.S.A. Certified Circuit Court Mediator, State of Florida LAW PRACTICE: 1952-1959 Private Practice 1959-1961 Assistant State Attomey 1961-1963 Assistant U.S. Attorney 1963-1978 Private Practice JUDICIAL HISTORY: Appointed to the County Court 1978 Appointed to the Circuit Court 1982 Administrative Judge Probate & Guardian Division PROFESSIONAL ACTIVITIES & ASSOCIATIONS: U.S. Supreme Court (Admitted to practice before) Chief Land Commissioner for the East Everglades Commissioner on Miami-Dade County Committee on Ethics and Public Trust Former Secretary National Board of Trustees, Leukemia Society of America, Inc. and Chairman, Planned Giving Committee and By- Laws Committee Former President, Temple Beth Am Former Member of the Faculty of Florida New Judges College Instructor at Dade County Community College Paralegal Program Chief Special Hearing Officer, City of Miami Beach