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C7B-Reappointment Of Chief Special MasterCOMMISSION ITEM SUMMARY Item Summa Condensed Title: Reappointment of Enrique Zamora, Esq., as Chief Special Master. Key lntended Outcome Supported: Ensure compliance with Code within reasonable period, emphasizing the Code for commercial development. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 Community Satisfaction Survey, 62% of residents and 69% of businesses thought the City's Code Enforcement efforts were just iqht. As previously determined by City Attorney Raul J. Aguila that Enrique Zamora possesses the knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with such determination, I am recommending reappointing Enrique Zamora, Esq. as Chief Special Master. 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 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 lnternational University; and a Bachelor of Science in Electrical Engineering (1971) from the University of Florida. Mr. Zamora is a partnerwith 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 a certified civil mediator. 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 was the recipient of the 2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Association for Retarded Citizens, South Florida. The Administration recommends aDDrovinq the Resolutions. Board Recommendation: N/A Financial lnformation: OBPI The maximum estimated amount for a six- month period of Special Master fees, October 24,2015 through April23, 2016, 01 1 -021 0-00031 2 Rafael E. Granado, City Clerk Siqn-Offs: Department Director City Attorney City Manager REG M WgPv,\--lM /A/- Special .doc AGENDA trEM c-7 B oneWMIAMIBEACH282 MIAMIBEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov COMMISSION MEMORANDUM To: Mayor Philip Levine and Members of the City Commission FROM: DATE: September 2,2015 SUBJECT: REAPPOINTMENT 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, GONCERNING THE REAPPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPEGIAL MASTER, FOR A TERM GOMMENCING ON OCTOBER 24, 2015 AND ENDING ON APRIL 23, 2016; 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 GOUNTY 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 REAPPOINTING, PURSUANT TO sEcTtoN 102-356 OF THE CITY CODE, ENRTQUE ZAMORA, ESQ. (CHIEF SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO. L^8,liiB'lI,Hi3"5E;il'^?F:3^l=.=;#,il3trS"="frj,?il ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON OCTOBER 24, 2015 AND ENDING ON APRIL 23,2016. ADMI NISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS As previously determined by City Attorney Raul J. Aguila that Enrique Zamoru possesses the knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with such determination, I am recommending reappointing Enrique Zamora, Esq. as Chief Special Master. 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 Jimmy L. Morales, City Manag ", /4hb Raul J. Aguila, City Attornei}."L \o,L' 283 Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and revocations of certificates of use pursuant to Chapler 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 partnerwith the lawfirm 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 is 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 eight 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 Plotkin 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 lnternational 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 March 5,2015, the Special Master hearings have concluded as follows: 7.20 p.m.* 6:22 p.m. * 7:21 p.m.* 11:57 a.m. 7:02 p.m.* 7.28 p.m.* 3:32 p.m. 6:35 p.m.* 7:11 p.m.* 7:59 p.m.* 3:58 p.m. 8.27 p.m.* 6:35 p.m." 7:54 p.m.* 4:56 p.m. 6:53 p.m." 6:33 p.m.* 7:02 p.m." 7'.22 p.m.* 7'.46 p.m.* 7:21 p.m.* March 5,2015 March 12,2015 March 19,2015 March 26,2015 April2,2015 April 9, 2015 April 16,2015 Aprll23,2015 May 7,2015 May 14,2015 May 21,2015 May 28,2015 June 4,2015 June 11,2015 June 18, 2015 June 25,2015 July 9, 2015 July 16, 2015 July 23,2015 August 6,2015 August 13,2015 Cases labeled with an asferisk O include a night sesslon, commencing at 6:00 p.m. 284 2. Neither the Office of the City Clerk, Office of the City Manager, nor the Office of the City Attorney has received either formal complaints or internal complaints against the Chief Special or the Special Masters since the appointment of Enrique Zamora as Chief Special Master on April 23,2014. 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. JLM/RJA/R =o @ T:\AGENDAVO1S\September\Chief Special MasteTVAMORRA CHIEF SPECIAL MASTER MEMO.doc 285 ENmoue Zauone, EsQ. J@6 Aviadon Avenue, Penrhousc iC Coconur 6rova Florida 33733 S 305-2854285 LecarExpsnrsNce ZAMoRe& Htlt"trtlw. 3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Fiorida 33133 - 2000 - Present Areas of Concentration: Elder Law, Probate & Guardianship adminisfatioq litigation and mediation, 1161 A,rlmini5trdtion & Litigation, Estate Planning. LAw OFFICES OT ENAIQUE ZAIIORA. I I 02 Ponce de Leon Blvd., Coral Gables, Florida 33134 ' 1997 - 2000 Areas of Concentratiol: Elder Law and Probate & Guardiansbip litigation, Trust Administration, Estate Planning, Real Estate. PERIZ-ABREU, Zeuone, Hn uvltx & tvlnnrrri'LevrEtlr, PA 901 Ponce de Leon Blvd., #502, Coral Gables, Fl 33134 - Founding Parner, 1987' 1997 Areas of Concent-ation: Probate & Guardianship litigation, Elder Law, Trust Administration, Estate Planniso, Corporate, Contract and Business law and related litigation; Real Estate. LecelAcrrylrtgs $ Past Chair ofthe Elder Law Section of the Florida Bar S Past director of the Ftorida State Guardianship Assoeiation S Past director of the Foundation for Indigent Guardianship S Member and former chair of the Probate & Guardianship Commiftee of the Dade County Bar $ Guardianship Task Force - Elder Law Sectt'on Representative $ Former Chair of the Grievance Commicee I iu D of the Florida Bar S Special Master for the Ciry of Miami Beach S Special Magisrate over Baker Act proceeding5 & Marchman Act proceedhgs g Court Appointed Attomey-Ad-Litem for Cuban National Heirs, 116 Judicial Circuit oftbe State of Floridq Miami-Dade County - Probate Division TeecFIINC ACTIVITIES SL Thomas University School of Law- 2044 - present. Adjunct Professor of Law - Elder Law and Cuardianship Miasi-Dade Comm. College.Professional Guardianship Program- I996 - 2004.' Lead lnstuctor p ptanning Committee Chair of tbe course for Professional Guardians Ucil'ersii-, cf Ili:ni - Kcubek Cen'tar - Sairenbzr 1989 - 1998 - ^-i,^^.}EHUUL UT LQ.\ [L\Ui,\g }. UUI.TJ Adjunct Professor of Business Law CERrtrrcnuoN Florida Bar Board Ceftified in Elder Law Floriila Supreme Court Certified Civil Mediator 286 HoNOAS ANDAWARDS Super Lawyersiist, by Florida Super lawyers Magazirre a5 a top attomey in llorida for 2012,2013 &2414 ' ToP LawYers of South Florida20l3 St. Thomas Uiiversity Schoo! of Law - Outstanding Teaching Award - 2013 ' StThonasUniver:itySchoolofLaw-sBA.adjunctprofessoraward20l4. Pro Bono Award from the Dade county Bar Association and the llth Judicial Circuit 2008 For Guardianship services rendered' PutSornethingBack.RichardC.MilsteinExcellenceAward.200T Dade County iar Association Awarcl (2001-2002)For exceptional serv'ice as CIIAIR of the Probare & Guardianship CommiBee' Dade county Bar Associ:atiou Award (2000-2001)For exceptional service as cHAIR of the Probate & Guardianship Comrnittee' Dade couaty Bar Asociation Award (1999r000)For exceptional service as cIIATR of the Probate & Guardianship Committee' SuurN ens / PRsslNtRttolls Dade Couoty Put Something Back - Fees, Fees and More Fees SPeaker dffered by the Dade County Bar Associati oa ' Janu@-l I 5 ' 201 4 Elder Law Secfion - Annual Review - Guardiaoship SPeoker January 18,2Al4 Elder Law Section - Essentials of Elder Law SPeal<er Jarutary 17,2014 . 1618 A}O{UAL UNPROGRAIVI -..IYIEETTHE EXPERTS,, oFFERED BY THE AcADEivIY oF FIORIDA EIOEN LAW AITORNEYS. SPEAKER OcroeeR 1 l, 20 I 3 TheProbateTeam2013-ClosiugGuardianshipsiutoEstates SPeaker Offered by the Florid.a Legal Education Associatioa'Octaber 4' 201i 15* AI$rUAL UNPROCRAM -,.MEET TnF EXPERTS" OFFERED BY TIIE ACADEMY OF FLORIDA ELDER LAW ATTORNEYS - SPEI'(E8 DECEI',fBER 15,2012 Florida State Guardianihip Associatior- 25th Annual CoJference: offeredbytheFloridaStateGuardianshipAssociation.-Speale'r 4-hour Initial Examining Committee training Much 2012 Florida State Guardianship Association- 24th Aunual Conference: Solving the Mystenes of Guerd iansbip- Spea'ter offered by the Florida State Guardia,rship Association. July 201 1 287 Personal Trust Fiduciary Training Offered by Morgan Keegan University - Speaker April 5, 2011 Probate & Guardiaosbip: A View from the Bench autl Bar Offered by the Dade Couoty Bar Associalion Probate & Guardianship Committee and Legal Aid/Put Something Back ' Speaker March 11, 201I Elder Law Certification Exam Review Course B Event Chair Offered by the Florida Bar B January 201 I Elder Law Section Anuual Retreat- Program Co-Chair Offered by the Florida Bar- October 20i0 2010 Florida State Guardianship Auuual Conference Elder Law Certification Exam Review Course Offered by the Florida Bu - Speaker January,20i0 Guardianship Team 2009 Offered by the Florida Legal Education Association'- Speaker February 2009 Eouce.rtox ' Uxtvensrrv o^" illrAMl - kHool. oF L.aw CoRaL Gnslrs, Flontoa Ju ax Docroa DEG REE I 9 I 5, Cu M LAUDE- lvlay 1985 FLORTDA INTERNATIONAL U \TVERSITY MIAt"u, FLoRIDA MASTER OF BUSNESS ADMN{STMNON, 1 97 5 M,qstmopscnNce m MtNAGEWNT, (Accouotilg & Taxation) /981 Ur.rrvrnsrrv oF FLoRro.{ GAD{ESV]-LLE, FLORIDA BACHELOROF SCIENCE IN ELECTRICAL ENGNEENNO, I97I PRo peSS IOT'IAL MET4BERSH]P S ltr Ficiiia tsr' Executive committee of the Elder Law Section - Florida Bar (past chair) The Real Property, Probate and Trust Law Section - Florida Bar NAELA (National Academy of ElderLaw Atlomeys) AIELA (Academy of Florida Elder Law Attomeys) Dade County Bar Association Cuban American Bar Asociation Florida State Cuardianship Associuion - former board mernber South Florida Cuardianship Association - past President 288 PuattsHEo Woms St. Thomas Law Review Long Term Care losuraqce: A Life Raft for Baby Boomers Volume 26, Falt 2013 - lssue 1 SL Thomas Law Review gp6ining.Committee Reports as a Basis to Dismis Petitions to Deteruoh,e Incapacity: A Question of edmissibiliry and Evidentiary Relevanry' Volume 25, Surnmer 2013 - lssue 3 St. Thomas Law Reviest Impact of the Cuban Embargo on tnheritances by Cuban Nationals Volume 24, Summer 2012 - Issue 3 Elder Law Advocate- Two out of fuee reports and you're out - But should you be? Volu.oe XX, No.3 - Fall 2012 Elder Law Advocate. The right to bear arms as a removable riglt in incapaciry proceedings Volume XIX B No. I B Spring20l t Elder Law Advocate- The issue ofstanding in guardianship litigation Volu:e XVIII B No. 3 B Fall 2010 Elder Law Advocale- The use of the Baker Act and its altemarives Volume )Onl B No. 3 B Fall 2009 Elder Law Advocate - Dealing with foreign rvards and their investments Volume XVI - Volume Trvo - Winter 2008 Florida Journal of International Law, Uuiversity of Florida l.evin College of Law' "Obstacles Encourtered Representing the Iflterests of Cuban Natiooals in the Anerican Coults" - Spring 2003 Volume XV Number 3. 289 RESOLUTION NO. A RESOLUTION ACCEPTING THE REGOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE CITY OF MIAM! BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON OCTOBER 24,2015 AND ENDING ON APRIL 23,2016; 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 GOUNTY 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 INGORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WTHOUT LIMITATION, SECTIONS 30-37 AND 30.38 THEREOF, CONCERNING THE GOMPENSATION 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 October 24,2015, and ending on April 23,2016; 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. 290 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE C!ry 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 October 24,2015, and ending on April 23,2016; 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 2nd day of September 2015. ATTEST: PHILIP LEV!NE, MAYOR RAFAEL E. GRANADO, GITY GLERK APPROVED AS TO FORM & ISNGUAGE & FOR EXECUTION &-{Lll'- CIf RttorneY Date T:\AGENDA\201S\SeptembeAChief Special Master\ZAMORRA CHIEF SPECIAL MASTER RESO.doc 291 RESOLUTION NO. A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO sEcTtoN 102-356 OF THE Ctry CODE, ENRTQUE ZAMORA, ESQ. (cHtEF SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO. -,,,,.,..#Lt?Jt1B',il,Xil3Sr1B,i;;?5i'3[i,il=',-t?^il;i,",'1,'J ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON OCTOBER 24, 2015 AND ENDING ON APRIL 23,2016. WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, 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 WHEREAS, at its meeting on September 2, 2015, the Mayor and City Commission adopted Resolution No.reappointing Enrique Zamora, Esq., as Chief Special Master, for a term commencing on October 24,2015, and ending on April 24,2016; and WHEREAS, pursuant to Section 102-356, the City Manager may also approve a "designee," who shall be authorized to hear appeals from citations for violations of City and County Codes and Ordinances and to conduct hearings regarding denials, suspensions and revocations of occupational licenses, certificates of use and permits, as provided by the City Code, 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, accordingly, the City Manager hereby recommends Mr. Zamora to serve as the City Manager's "designee," for a six (6) month term commencing on October 24,2015, and ending on April 23,2016; and WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the Chief Special Master is acting in his capacity as the City Manager's "designee" under Section 102-356 of the City Code), 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 MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby approve and reappoint, pursuant to Section 102-356 of the City Code, Enrique Zamora, Esq., (Chief Special Master appointed pursuant to Resolution No. ), as the City Manager's "designee" under Section 102-356 of the City Code; said designation commencing with Mr. Zamora's term as Chief Special Master on October 24, 2015, and ending on April 23,2016. PASSED and ADOPTED this 2nd day of September 2015. ATTEST: RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED AS TO F,ORM & I.ANGUAGE & FOR E)(ECUTION Date T:\AGENDA\201s\Septembedchief Special Master\ZAMORA Chief Special Master Resotution Chapt6l 292 THIS PAGE INTENTIONALLY LEFT BLANK 293