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HomeMy WebLinkAbout2005-25895 Reso RESOLUTION NO. ?OO')-?')RQ'} A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE MIAMI BEACH CITY MANAGER AND CITY ATTORNEY, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE APPOINTMENT OF JIMMY L. MORALES, ESQUIRE, TO SERVE AS CHIEF SPECIAL MASTER, COMMENCING MAY 30, 2005, AND ENDING DECEMBER 31, 2005, WHO SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLA TORS 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; INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CITY OF MIAMI BEACH CITY CODE CHAPTER 30, SECTION 30-37(A) CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. WHEREAS, Section 30-2 of the Code of the City of Miami Beach governing "Code Enforcement" 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, with the authority to appoint such other Special Masters as reasonably required to conduct said hearings; and, WHEREAS, pursuant to Section 30-36 ofthe 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 of the City Manager and City Attorney; and, WHEREAS, the City Manager and City Attorney hereby recommend appointment of Jimmy L. Morales, Esquire, to fill the position of Chief Special Master for the City of Miami Beach; and, WHEREAS, all other matters set forth within Section 30- 3 7 ( a) of the City Code with regard 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 May 30, 2005, and ending December 31,2005. 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 and City Attorney, pursuant to Section 30-36 of the City Code, concerning appointment of Jimmy L. Morales, Esquire, to serve as Chief Special Master pursuant to Chapter 30 of the City Code, 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 and County Codes and Ordinances and is 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 Section 30-37(a) of the City Code, 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 May 30,2005, and ending December 31, 2005. PASSED and ADOPTED this 18th day of May, 200 . ATTEST: ~K f~~ Robert Parcher APPROVED AS TO FORM & NGUAGE & OR UTION: S/'3/ OJ --,----p;te CITY CLERK T:\AGENDA\2005IMay1805\ConsentlMoraJes - Chapter 30,doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution accepting the recommendation of the Miami Beach City Manager and the City Attorney concerning the appointment of Jimmy L. Morales, Esquire, to serve as Chief Special Master, commencing May 30,2005, and ending December 31,2005, 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 City Code Chapter 30, Section 30-37(a) concerning the compensation and duties of the Chief Special Master. A Resolution accepting the recommendation of the City Manager and City Attorney concerning the appointment of Jimmy L. Morales, Esquire, to serve as Chief Special Master commencing May 30, 2005, and ending December 31,2005, 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. A Resolution accepting the recommendation of the City Manager and City Attorney concerning the compensation of the Chief Special Master, establishing a base rate of two hundred and fifty dollars ($250) per hour, to be paid to the Chief Special Master to perform administrative duties, capped at five thousand dollars ($5,000), and further provides that if the Chief Special Master sits as one of the special masters hearing cases, his compensation shall be two hundred and fifty dollars ($250) per hour, capped at one thousand two hundred and fifty dollars ($1,250) per hearing session. Issue: Shall Jimmy L. Morales, Esquire, be appointed for a term beginning May 30, 2005 and ending December 31,2005? Item Summary/Recommendation: I Approve the Resolutions. Advisory Board Recommendation: I N/A Financial Information: Finance Dept. Source of Funds: D Ci Clerk's Office Le islative Trackin Robert E. Parcher, City Clerk AGENDA ITEM C70 DATE S:-(8'-o~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www,miamibeachfl,gov COMMISSION MEMORANDUM To: From: Mayor David Dermer and Date: May 18, 2005 Members of the City Commission Jorge M, Gonzalez ~. r~ City Manager 0 v 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE MIAMI BEACH CITY MANAGER AND CITY ATTORNEY CONCERNING THE APPOINTMENT OF JIMMY L. MORALES, ESQUIRE, TO SERVE AS CHIEF SPECIAL MASTER, COMMENCING MAY 30,2005, AND ENDING DECEMBER 31,2005, 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 CITY CODE CHAPTER 30, SECTION 30-37(A) CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND CITY ATTORNEY CONCERNING THE APPOINTMENT OF JIMMY L. MORALES, ESQUIRE, TO SERVE AS CHIEF SPECIAL MASTER COMMENCING MAY 30,2005, AND ENDING DECEMBER 31, 2005, 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND CITY ATTORNEY CONCERNING THE COMPENSATION OF THE CHIEF SPECIAL MASTER, ESTABLISHING A BASE RATE OF TWO HUNDRED AND FIFTY DOLLARS ($250) PER HOUR, TO BE PAID TO THE CHIEF SPECIAL MASTER TO PERFORM ADMINISTRATIVE DUTIES, CAPPED AT FIVE THOUSAND DOLLARS ($5,000), AND FURTHER PROVIDES THAT IF THE CHIEF SPECIAL MASTER SITS AS ONE OF THE SPECIAL MASTERS HEARING CASES, HIS COMPENSATION SHALL BE TWO HUNDRED AND FIFTY DOLLARS ($250) PER HOUR, CAPPED AT ONE THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($1,250) PER HEARING SESSION. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANAL YSIS Judge Newman has relocated to West Palm Beach, Florida, and has indicated that because of the travel distance, he is no longer able to fulfill the duties of Chief Special Master. The attached three Resolutions provide for the appointment by the City Commission of Jimmy L. Morales, Esquire. One Resolution appoints Mr. Morales as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution appoints Mr. Morales 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 third Resolution establishes a base rate of pay of two hundred and fifty dollars ($250) up to a maximum cap of five thousand dollars ($5,000) and establishes a base rate of two hundred and fifty dollars ($250) up to a maximum cap of one thousand two hundred and fifty dollars ($1,250) if the Chief Special Master sits as a special master hearing cases. Mr. Morales is a former Miami-Dade County Commissioner, and was recently a candidate for Miami-Dade County Mayor. He is an active member of the Florida Bar, in good standing. Mr. Morales has a long history of service to the community, served as Chairman of the Dade Community Foundation, Board Member with the Neighborhood Lending Partners of South Florida, and as a mentor with the 5,000 Role Models of Excellence Project. He has also served on numerous not-for-profit boards, including American Red Cross, Crimestoppers of Miami- Dade County, the East Little Havana Community Development Corporation, Aspira of Florida and the Girl Scout Council of Tropical Florida. Mr. Morales is a graduate of both the Leadership Miami and Leadership Florida Programs. He is the recipient of the Bill Colson Leadership Award for the Leadership Miami program of the Greater Miami Chamber of Commerce. Prior to his elected office, he served for several years as Chairman of the Code Enforcement Board of the City of Miami. Mr. Morales has the knowledge, skills and abilities, to perform as Chief Special Master. He will serve this City with distinction, and his appointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. JG:REP:LRM:lm T:\AGENDA\2005IMay1805\ConsentlMorales Appointment Memo,doc 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 Judge Robert H. Newman, Eunice L. Martin, Esq., Carolyn Y. Howard, Esq., and Enrique Zamora, Esq., as Special Masters. 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 until August 31, 2005, or until a successor has been appointed. 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 1 st day of June, 2005.