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HomeMy Public PortalAbout22-003 - appointing Code Enforcement Special MagistratesSponsored By: City Manager RESOLUTION NO. 22-003 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPOINTING BEATRICE CAZEAU AND VICTOR H. DE YURRE AS CODE ENFORCEMENT SPECIAL MAGISTRATES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka ("City") has observed an increase to its Code Enforcement cases and a need exists to name additional Code Enforcement Special Magistrates; and WHEREAS, pursuant to Chapter 2, Article XI, Division 10, Subdivision 2, Sec. 2- 570.28, of the City Code of Ordinances, "The city commission shall appoint no more than three (3) preapproved special masters and an alternate. The preapproved list of special masters shall consist of members of the Florida Bar in good standing who have been chosen by the special master selection committee. The special master selection committee shall consist of three (3) members including the chief of police, city manager or his/her designee, and the city attorney"; and WHEREAS, on June 9, 2022, the special master selection committee conducted interviews of candidates and mutually selected two (2) candidates for recommendation to the City Commission: Beatrice Cazeau and Victor H. De Yurre; and WHEREAS, Beatrice Cazeau is an attorney with experience in Code Enforcement law, and would be an excellent candidate for the City of Opa-Locka; and WHEREAS, Victor H. De Yurre is an experienced attorney who currently serves as a Special Magistrate in other municipalities; and WHEREAS, the City Commission of the City of Opa-Locka desires to name Beatrice Cazeau and Victor H. De Yurre as Code Enforcement Special Magistrates for three (3) one year terms, unless sooner terminated, pursuant to the Special Magistrate Professional Services Contract attached hereto as Exhibit "A". NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: SECTION 1. The recitals to the preamble herein are incorporated by reference. 1 Resolution No. 22-003 SECTION 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby appoints Beatrice Cazeau and Victor H. De Yurre as Code Enforcement Magistrates, pursuant to the Special Magistrate Professional Services Contract, attached hereto as exhibit "A". SECTION 3. SCRIVENER'S ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent of this Resolution may be authorized by the City Manager, following review by the City Attorney and without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 13th day of July, 2022. TEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL _.t FICIENCY: Moved by: Commissioner Bass tte Norris -Weeks, P.A. Seconded by: Vice Mayor Taylor Veronica J. Williams, Mayor Resolution No. 22-003 VOTE: 5-0 Commissioner Bass YES Commissioner Davis YES Commissioner Dominguez YES Vice -Mayor Taylor YES Mayor Williams YES City of Opa-locka Agenda Cover Memo City Manager: Darvin Williams CM Signature: 40,e ttiiit,—.:41-` Commission Meeting Date: 07.13.2022 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading. (Enter X in box) lst Reading 2nd Reading Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: See Financial Impact Section Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: • Strategic Plan Obj./Strategy: (fist the specific objective/strategy this item will address) X • El ill • Sponsor Name City Manager Department: City Manager Short Title: A resolution of the City of Opa-locka City Commission naming Beatrice Cazeau and Victor H. De Yurre as additional Code Enforcement Special Magistrates. Staff Summary: The City Manager, City Attorney, Chief of Police, and Code Enforcement Manager convened a Special Master Selection Committee Meeting to review candidates to serve as additional Code Enforcement Special Magistrates for the City of Opa-locka. Three applicants appeared before the committee and a recommendation was made to appoint Beatrice Cazeau and Victor H. De Yurre as additional Code Enforcement Magistrates. Beatrice Cazeau is an attorney with experience in Code Enforcement Law. In addition, she serves as a Special Magistrate in other neighboring municipalities. V ictor H. De Yurre is an attorney who also serves as a Special Magistrate in other mu nicipalities. Both applicants are active members of the Florida Bar Association in go od standi ng. The en gagemen t shall commence at the time of e xecution and shall remai n in place for three (1) year terms unless sooner terminated. financial Impact - It is anticipated that Code Enforcement Special Magistrate fees will be approximately $600 per mon th. These fees will be charged to Co de Enforceme nt Other Professio nal Services, 23-521312, which has $7,400 available for the remaining three months of this fiscal year. Proposed Actio n: Staff recommen ds the approv al of this request to appoint Beatrice Cazeau and Victor H. De Yurre as additional Code Enforcement Magistrates. Attachment: Resumes BEATRICE CAZEAU 1909 NE 168" Sneer, North. a11em1IIeaeh, FL 33162 Lice nsed in Florida, 1999 beatrl creleszea0lawiirnuconl (303)'614.0702 WORK EXPERIENCE LAW O FFICES OF CAZEA U & ASSOCIATES, PLLC, Miami, FL P rincipal May 2018 -Present • Managing attorney • General civil litigation and practice, with a concentration in personal injury eases, fa mily law, and real e state law C ITY OF NORTH MIAMI North Miami, FL Special Magistrate October 2012 -Present • Preside over Code Complian ce Hearings and Ticket Appeals • Hear testimony and review e vidence presented by code enforcement officersand alleged violators • Render decisio ns • A ssess fines and fees on citations upheld • Presided over Red Light Camera Hearings September 2014 -March 2016 CITY OF MIAMI G ARDEN S North Miami, FL . Lega l Advisor April 2016 -Present • Serve as Legal Advisor to the Nuisance Abatement Board and Unsafe Structures Board LA W OFFICES OF CAZEAU, LINTON ROBINSON, LLC Miami, FL Shareholder July 2002 -May 2018 • Managing partner • Trial Lawyer • Represented hundreds of clients in the areas of personal injury cases, fam ily law, and criminal defense litigation CITY OF MIAMI GAR DENS North M iami, PL Special Ma ster December 2013 -April 2016 • Presided over Code Enforcement Hearings and Massey Hearings • Heard testimony and reviewed evidence presented by co de enforcement officers and alleged v iolators • R endered decisions • Assessed tines and fees on citations upheld STATE ATTOR NEY'S OFFICE, Eleven th Judicial Circuit Miami, FL Assistant State A tto rn ey A ugust 1999 — July 2002 • Served as trial lawyer • Prosecuted felony and misdemeanor criminal cases from in take through trial • Conducted arraignments, jail, Nebia and bond hearings • Conducted victim/witness interviews • Conducted legal research, prepared mo tions and drafted memo randa of law • Conducte d jury selections, cross-examination and presented evidence • Conducted and defended depositions • Prosecuted cases in the Domestic Violence Unit, Juvenile and felo ny divisions U NIVER SITY OF FOR T LAUDERDAL E Lauderhill, FL Adjun ct Pro fessor August 2000 -January 2003 • Designed curriculum and teaching plans in the areas of pre -law and business ethics • Developed course objectives • Conducted research and wrote articles. for class presentations • integrated knowledge and research from current events Into course contents ♦ Prepared, conducted and graded exams. • Evaluated and graded research assignmen ts • Met and consulted with students and provided guidance to stu dents ♦ Attended faculty meetings, strategic plannin g sessio ns, curriculum planning and development sessions O FFICE OF THE ATTORNEY GENER AL Boston, MA Co nsu mer Info rmation Specialist August 1997 - April 1998 • Educated the public about their rights under M assachusetts consumer protection laws * Provided consumers with a variety of resources as well as referrals D EPARTMENT OF SOCIAL SERVIC ES Frau d In t'estlgator Brooklyn, NY June 1996 - August. 1996 • In vestigated clients receiving public a ssistance • Determined assistance and aid • Reduced or denied assistance based on Eligible V erificatio n Review Guidelines ED UCATIO N New England Schoo l of Law Boston, MA Juris Doctor, May 1999 Hono rs: D ean's List (Fall 1997); Black Judges Award Recipient; Charles Hamilton Houston Enrichment Program Hono r Society; Women Law Caucu s 2 John Jay College of Criminal Justice New York, NY B achelor of Scie nce, J une 1994 Major: Criminal Justice Administration and Planning Minor: Criminology and Sociology TRAINING /SEMINA RS • Cross -Examination training • Jury Selection training • Evidence seminar • Juvenile Prosecution seminar • Gerald T. Ben nett Pro secutor/Public Defender Trial Training Program PRO BONO SERVICE ♦ Lawyers for Children America (2004-2014) ♦ Guardian Ad Litem (2006 -Present) ♦ Legal Services of Greater Miami (2008- 2014) COMMITTEE/BOAR DS • New England Law' Boston Alumni A dmissions Ambassador • Former Board of Director, Legal Services of Greater Miami, Inc (LSGMI) • Foundling Member/Former Executive Director, Haitian American Leadership Organization (HA LO) • Former Member, Miami Dade. County Domestic Violence Advisory Board • Former Board of Director, N ationa l Bar Association Wo men Lawye r's Div ision + Past President, Haitian Lawyers A ssociation (HLA) • Former Chair, Haitian Bicentennial Ad Hoc Steering Committee • Former Ho st/Produ cer of"Info Legal" Telev isio n show LANGU AGES • Fluent in Haitian Creole ♦ Conversant in French 3 VICTOR H. DE YURRE 6303 BLUE LAGOON DRIVE, SUITE 400 MIAMI, FLORIDA 33126 (305)632-3682 PHONE (786)615-2143 FAX DEYURRE@A►OL.COld Victor H. De Yurre has been an attorney in Florida for 45 years. During the initial 10 years the practice consisted of litigation and general representation. The subsequent 35 years have encompassed more of a real estate, governmental and commercial practice. Victor served as a City of Miami Commissioner and Vice Mayor from 1987-1995. As part of his service on the City Commission he also served as Chairman of the Miami Sports and Exhibition Authority. This Authority owned and operated the Miami Arena. As a government representative Victor was instrumental in bringing to Miami the. Florida Marlins, as well as, the Florida Panthers. Furthering his belief in equal representation. He was a plaintiff in a law suits filed in the early 1990's against the Dade County Government and the Dade County School Board which forced these entities to change the form of government from an at large elective office to districts, ensuring that there would exist equal representation. Aside from the law practice, Victor is presently a Traffic Court Hearing Officer in Miami -Dade County, the Special Master in the City of Sweetwater, as well as, the Special Magistrate in the City of Doral. Additionally, Victor serves as the General Counsel for the UniversityCity Transportation and Management Association of Sweetwater, Inc. (UTMA). EDUCATION Bachelor Business Administration (accounting) from the U niversity of Miarni, 1974 (B.B. A.) Juris D octor from Saint Mary's University School of Law, San Antonio, Texa s, 1976 (J.D.) Master of Laws in Taxation from the University of Miami School of Law, 1978 (LL.M.) PROFESSIONAL (present or prior member) American Bar A sso ciation Cuban.. American Bar Associa tion American Tria l Lawyers Associa tion Interamerica n Bar A ssociation Florida Bar Association Unite s States Tax Court United States District Court, Southern Dist rict Florida Delta Theta Phi Law Fraternity Media tor CIVIC (pre sent or prior member) City of Mia mi Commissioner and Vice Mayor (1987-1995) Member of the: City of M iami Zoning Board . Cha irman of Dade County Persona l Advisory Board. Chairman of the Hispan ic Adviso ry Committee to the Departme nt of Highway Safety and M otor Vehicles of the State of Florid a. Member of the City of Miami's Ea st Little Havana Task Force. Un ited Way Volunteer. Charter Member and Treasurer of the Miami-Flagami Optimist Club. Member of the Grea ter Miami Chamber of Commerce. Vice -President of the Interamerica n Chamber of C ommerce of Gre ater Miami. WRH C Radio talk show host, as a public s ervice dealing with topics of interest to the co mmunity. SPECIAL MAGISTRATE PROFESSIONAL SERVICES CONTRACT THIS SPECIAL MAGISTRATE PROFESSIONAL SERVICES CONTRACT ("Professional Services Contract") is hereby made and entered into, in duplicate in Miami -Dade County, Florida this day of 2022, by and between the City of Opa- Locka, Florida, hereinafter referred to as the "City", being party of the first part, and attorney, hereinafter referred to as "Attorney", party of the second part. RECITALS WHEREAS, the City is in need of a special magistrate for red light camera enforcement hearings and code enforcement magistrate services; and WHEREAS, pursuant to Article XI, Division 10, Subdivision 2, Section 2-570.26 of the City of Opa-locka's Code of Ordinances, the City Commission of the City of Opa-locka is permitted to appoint up to three (3) Special Masters/Magistrates and one (1) alternate Special Master/Magistrate; and WHEREAS, pursuant to the relevant ordinance, Special Magistrate Attorney was selected as part of the selection committee's pre -approved list and is a member of the Florida Bar in good standing; and WHEREAS, Attorney agrees to familiarize himself/herself with all applicable City ordinances related to red light camera enforcement, code enforcement, and other applicable City codes; and NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and the mutual exchange of other good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually agreed, promised, and covenanted as follows: 1.0 ENGAGEMENT OF PROFESSIONAL SERVICES. City does hereby agree to engage and retain Attorney as Special Magistrate, and ATTORNEY does hereby agree to accept such engagement by the City in the capacity of "Special Magistrate" in accordance with the terms, conditions and provisions of Florida Statutes, City of Opa-locka Code of Ordinances and all other applicable provisions of Florida Law. 2.0 TERM OF ENGAGEMENT. The term of engagement shall commence at the time of execution and shall remain in place for three (3) years, unless sooner this Agreement terminates in the matter provided for in paragraph 3.0. 3.0 TERMINATION. The Special Magistrate Professional Services Contract may be terminated by the CITY of the Attorney at any time on thirty (30) days written notice to the other party. 4.0 SCOPE OF SERVICES. City and Attorney mutually understand and agree that the scope of legal services to be provided by the Attorney shall be exclusively limited to red light camera and code enforcement issues. Attorney shall work with the City Attorney and Assistant City Attorneys for the City of Opa-locka, the City Manager or his/her designee(s) to carry out the requirements of this agreement. Attorney shall attend all code enforcement meetings in a timely manner and prepare reports and orders as necessary. 5.0 PAYMENT FOR PROFESSIONAL SERVICES RENDERED. Full payment and compensation for Attorney's professional services pursuant to this Professional Services Contract shall be billed at a rate of $200.00 per hour. In the event of termination pursuant to 3.0 of this Professional Services Contract, Attorney shall be entitled to such compensation as shall have accrued on a pro rata basis to the date of said early termination. Attorney shall submit a monthly billing statement to the City and such statement shall contain the date(s) of services and the hours. 6.0 COST AND EXPENSES. Costs and expenses are not reimbursable by the City. 7.0 ATTORNEY INDEPENDENCE. It is important that Attorney be independent and impartial in order to properly perform and provide the professional services to the City. Attorney shall not act as counsel in any lawsuit or other adversary proceeding in which the City is named as an adverse party or in which Attorney takes any adverse position to the City. 8.0 CONFLICT OF INTEREST. Attorney acknowledges that he/she is familiar with and will at all times comply with the provisions of Florida Statutes, Chapter 112 relating to the Code of Ethics and City Ordinances as they apply to the attorney. 9.0 PUBLIC RECORDS. Attorney and City mutually understand that the attorney - client and attorney work -product privileges may protect certain documents and information from voluntary disclosure. However, Attorney and City acknowledge and agree that such documents and information may be disclosed if required by Florida Statutes, Chapter 119 relating to Florida Public Records Acts, or other applicable Florida Law, with prior notice to the City, and appropriate redaction if required; and further that such documents shall be disclosed, with prior notice to the City, if compelled by court order. 10.0 INDEPENDENT CONTRACTOR RELATIONSHIP. Nothing contained in this Professional Services Contract, or any document executed in connection herewith, shall be construed to create an employer -employee relationship, partnership or joint venture relationship between the City and Attorney. Attorney is an independent contractor and not an employee of the City. The consideration set forth in the Professional Services Contract shall be the sole consideration due Attorney for the services rendered hereunder. It is understood that the City will not withhold any amounts for payment of taxes from the compensation of the Attorney hereunder. Attorney will not represent itself to be or hold itself out as an employee of the City and Attorney hereby acknowledges that he or she shall not have the right or entitlement in or to any of the pension, retirement, or other benefit programs now or hereafter available to the City's regular employees. Ant and all sums subject to deduction, if any, required to be withheld and/or paid under any applicable state or federal laws shall be Attorney's sole responsibility and Attorney shall indemnify and hold harmless from any and all damages, claims and expenses arising out of or resulting from any claims asserted by any taxing authority as a result of or in connection with said payments. 11.0 INDEMNIFICATION. Attorney shall at all hereafter agree to indemnify and hold harmless City, its officers (appointed or elected), agents, employees and servants against any and all claims, actions, petitions or disputes or losses of any nature whatsoever, whether in law, equity or administrative, including attorney's fees, cost, expenses, or judgements caused by or arising from or pertaining to Attorney's performance of the scope of services contemplated by this Professional Services Contract, including any and all claims, demands, or caused of actions or damages sustained by any person. The provision of this paragraph shall survive the termination of this Professional Service Contract. 12.0 INSURANCE. Attorney shall keep and maintain insurance necessary to comply with Section 11.0 of this Agreement. 13.0 NOTICE. Whenever either party is required to give notice to the other, such notice shall be delivered by United States mail, return receipt requested or by hand delivery addressed to the party for whom it is intended at the place specified by this paragraph. The place for giving notice shall remain the same as set forth in this Professional Services Contract, unless changes in writing and provided in the manner provided by this paragraph. The parties designate the following as the effective persons and place for providing notice to the other: If to the City at: With a copy to: City Manager, City of Opa-Locka 780 Fisherman Street Opa-Locka, Florida 33054 Law Offices of Burnadette Norris -Weeks, P.A. City Attorney 401 North Avenue of the Arts Ft. Lauderdale, FL 33311 Attorney: 14.0 MISCELLANEOUS. This Professional Services Contract sets forth the entire agreement between the parties hereto. Any oral conversations or writing are merged herein and extinguished. No subsequent amendment to this Contract shall be binding upon the City or the Attorney unless reduced to writing and properly signed and executed by both parties. This Professional Services Contract shall be governed by the laws of the State of Florida. The invalidity or enforceability of any provision of this Agreement shall not affect validity or enforceability of any other provision. IN WITNESS WHEREOF, the parties have caused this independent Contract/Professional Services Contract to be executed this day of 2022. CONTRACTOR/ SPECIAL MAGISTRATE WITNESSES: STATE OF FLORIDA COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me this day of , 2022 by (name of person making statement). My Commission Expires: (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally known OR Produced Identification Type of Identification Produced IN THE WITNESS OF FOREGOING, the parties have set their hands and seal the day and year first written above. CITY OF OPA LOCKA, FLORIDA ATTEST: City Clerk Interim City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney