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Resolution 2021-31614 RESOLUTION NO. 2021-31614 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 REAPPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON APRIL 24, 2021 AND ENDING ON OCTOBER 23, 2021; 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 reappointing Enrique Zamora, Esq., as Chief Special Master for the City of Miami Beach, for a term commencing on April 24, 2021, and ending on October 23, 2021; 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 reappointment of Enrique Zamora, Esq., to serve as Chief Special Master, for a term commencing on April 24, 2021, and ending on October 23, 2021; 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 17th day of March 2021. ATTEST: Dan Gelber, Mayor / 3)Rafael E. Granado, it Clerk UNCORtATEDI _h1 t;42„,., �_= APPROVED AS TO 4H 26,� �. FORM &LANGUAGE &FOR EXECUTION N(\r?r 3 �5 � 2,� City Attorney ?p\2 Date T:\Agenda\2021\5_March 17\City Clerk-Special Master\ZAMORRA CHIEF SPECIAL MASTER RESO.doc Resolutions - C7 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: March 17, 2021 SUBJECT: REAPPOINTMENT OF CHIEF SPECIAL MASTER 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON APRIL 24, 2021 AND ENDING ON OCTOBER 23, 2021; 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 OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND REAPPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF SPECIAL MASTER REAPPOINTED 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, 2021 AND ENDING ON OCTOBER 23, 2021. RECOMMENDATION Recommending the reappointment of Enrique Zamora, Esq. as Chief Special Master. ANALYSIS Page 239 of 2284 I am recommending reappointing Enrique Zamora, Esq. as Chief Special Master. Mr. Zamora possesses the knowledge, skills, and attributes to undertake this important role. Attached are two Resolutions providing for the reappointment by the City Commission of Mr. Zamora. The first Resolution reappoints Mr. Zamora as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints 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 was first appointed as the Chief Special Master for the City of Miami Beach on the April 23, 2014 City Commission Meeting. 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 has been 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 nine 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 Pelitic Outstanding Legal Service Award in 1999 from the Association for Retarded Citizens, South Florida. Mr. Zamora has a Juris Doctorate 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. Statistics: 1. Since February 6, 2020, the Special Master hearings have concluded as follows: February 6, 2020 -6:25 p.m. * February 10, 2020 - 11:38 a.m. February 13, 2020 -7:02 p.m. * February 27, 2020 -7:00 p.m.* March 12, 2020 -4:35 p.m. April and May of 2020 - No hearings due to COVID-19 June 4, 2020-4:15 p.m. June 11, 2020 -4:02 p.m. June 18, 2020 -4:07 p.m. July 9, 2020 -3:16 p.m. July 16, 2020-4:08 p.m. July 23, 2020 - 12:59 p.m. Page 240 of 2284 July 30, 2020 - 11:51 a.m. Cases labeled with an asterisk (*) include a night session, commencing at 6:00 p.m. 2. Neither the Office of the City Clerk, the Office of the City Manager, nor the Office of the City Attorney has received either formal complaints or internal complaints against the Chief Special Master or the Special Masters since the appointment of Enrique Zamora as Chief Special Master on April 23, 2014. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION The maximum estimated amount for the six-month period from April 24, 2021 through October 23, 2021 is $32,350 (Said amount will be divided into $26,600 for FY 2021 and $6,500 for FY 2022) Note: Payment for hearings occurring between October 1, 2021 to October 23, 2021, will be subject to the approval of the FY 2022 Budget. CONCLUSION Mr. Zamora has the knowledge, demeanor, skills, and abilities, to perform as Chief Special Master. He will continue to serve this City with honor and distinction, and his reappointment will best serve the interests of the City.As such, the subject Resolutions should be adopted. Applicable Area Not Applicable Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Clerk ATTACHMENTS: Description ❑ Enrique Zamora Resume o Resolution 1 ❑ Resolution 2 Page 241 of 2284 ENRIQUE ZAMORA, ESQ. LEGAL EXPERIENCE ZAMORA,HILLMAN&VILLAVICENCIO 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 33 134-1997-2000 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, FL 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 Member of the Executive Council of the Elder Law Section Law School Liaison for the Elder Law Section' Guardianship Task Force-Elder Law Section Representative Chief 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, 11t Judicial Circuit of the State of Florida,Miami-Dade County-Probate Division 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 Former Chair of the Grievance Committee I l`h D of the Florida Bar Past Chair of Elder Law Section of the Florida Bar TEACHING ACTIVITIES St. Thomas University School of Law-2004-present. Adjunct Professor of Law- Elder Law and Guardianship University of Florida Levin College of Law-2015—present. Adjunct Professor of Law-Elder Law 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 CONTINUING STUDIES Adjunct Professor of Business Law Page 242 of 2284 1 SPECIALTY PRACTICE Represent Cuban Nationals heirs in U.S.A. probate proceedings. Licensed by the Office of Foreign Assets Control (OFAC)since 1995 to represent Cuban Nationals and approved by the Cuban Ministry of Justice to represent Cuban citizens in conjunction with Bufete Internacional of Havana,Cuba. 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 2012,2013,2014,2015 &2016 Top Lawyers of South Florida 2013,2014&2015 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 2008 For Guardianship services rendered. Put Something Back-Richard C. Milstein Excellence Award-2007 SEMINARS/PRESENTATIONS Florida State Guardianship Association-28th Annual Conference: Speaker Offered by the Florida State Guardianship Association Interested Person: A Legal Chameleon and Pitfalls to Avoid in Guardianship Practice July 2015 Essentials of Elder Law Speaker Offered by the Elder Law Section of the Florida Bar-January 15, 2015 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 16T"ANNUAL UNPROGRAM—"MEET THE EXPERTS" Speaker Offered by the Academy of Florida Elder Law Attorneys October 11,2013 The Probate Team 2013—Closing Guardianships into Estates Speaker Offered by the Florida Legal Education Association- October 4, 2013 Page 243 of 2284 15"ANNUAL UNPROGRAM—"MEET THE EXPERTS" Speaker Offered by the Academy of Florida Eider Law Attorneys December 15,2012 Florida State Guardianship Association-25th Annual Conference: Speaker Offered by the Florida State Guardianship Association 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 201 I 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 11, 2011 Elder Law Certification Exam Review Course B Event Chair Offered by the Florida Bar 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 EDUCATION UNIVERSITY OF MIAMI-SCHOOL OF LAW CORAL GABLES,FLORIDA JURIS DOCTOR DEGREE 1985, CUM LAUDE-May 1985 FLORIDA INTERNATIONAL UNIVERSITY MIAMI,FLORIDA MASTER OF BUSINESS ADMINISTRATION, 1975 MASTER OF SCIENCE IN MANAGEMENT, (Accounting&Taxation)1981 UNIVERSITY OF FLORIDA GAINESVILLE,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 Page 244 of 2284 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, 1 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, Page 245 of 2284