Loading...
Res. No. 079-03-11628RESOLUTION NO.79"03~11628 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO SPECIAL MASTER SERVICES;APPOINTING ENRIQUE ZAMORA,ESQ.;CAROLYN Y.HOWARD,ESQ.,AND MAURICE DONSKY,ESQ.AS SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT #001-0000-341-9040 ENTITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT";AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Pursuant to Ordinance No.6-03-1790,adopted bytheSouthMiami CityCommissiononMarch 18,2003establishingaSpecialMaster;and WHEREAS,theuse of SpecialMastershasproventobeanexpeditious,cost effectiveandfairmeans of adjudicatingissuesrelatingtocodeviolations;and WHEREAS,theCityManagerhasreviewedresumes of individualsalready servingasSpecialMastersforothermunicipalitiesinMiami-DadeCounty;and WHEREAS,based onthe resumes received,theCity Manager has recommended the appointments of Enrique Zamora,Esq.,CarolynY.Howard,Esq.and Maurice Donsky,Esq.to provide theSpecial Master servicestotheCity of South Miami fora one-year term commencing May 21,2003,and ending May21,2004,oruntil successors have been contracted;and WHEREAS,the Mayor andCity Commission have accepted those recommendations. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT: Section 1.ThatEnriqueZamora,Esq.,CarolynY.Howard,Esq.andMaurice Donsky,Esq.areherebyappointedtoserveas Special MastersfortheCity of South Miamiattherate of $100.00perhourtobechargedtoaccount#001-0000-341-9040, entitled "Code Enforcement Fines revenue Account". Section2.Said Special Master services shallremainineffectforaperiodof one-year commencing May21,2003andendingMay21,2004oruntilothersuccessors are appointed. Res.No.79-03-11628 Section 3.That Enrique Zamora,Esq.,Carolyn Y.Howard,Esq.and Maurice Donsky,Esq.,shallbe authorized to conduct hearings asmaybe required in accordance with the City's Code of Ordinances and Land Development Code,the Florida Building Code and the Miami-Dade County Building Code. Section 4.This resolution shall take effect upon adoption. PASSED AND ADOPTED THIS 20thDAY OF May 2003 ATTEST: £#//$&V^ CITY CLERK <tn~ APPROVED: Afn6^a '^%^y^> MAYOR /J COMMISSION VOTE:4-0 Mayor Feliu:Yea Vice Mayor Russell:Yea Commissioner Wiscombe:Yea Commissioner Bethel:Yea Commissioner McCrea:out of room READ AND APPROVED AS TO FORM: /^.<Sr/^g CITY ATTORNEY Page2 of2 South Miami All-America City 2001 Excellence,Integrity,Inclusion To:Honorable Mayor,Vice Mayor Date:May 20,2003 andCity Commission From:SanfordA.Youkilis Subject:AgendaItem#A/ Acting City Manager Appointment of Special Master REQUEST ARESOLUTIONOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOF SOUTH MIAMI,FLORIDA,RELATING TO SPECIAL MASTER SERVICES; APPOINTING ENRIQUE ZAMORA,ESQ.;CAROLYN Y.HOWARD,ESQ.,AND MAURICE DONSKY,ESQ.AS SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMIATARATEOF$100PERHOUR;AUTHORIZINGEXPENSESTOBE CHARGEDTO ACCOUNT #001-0000-341-9040ENTITLED "CODE ENFORCEMENT FINESREVENUEACCOUNT";ANDPROVIDINGANEFFECTIVEDATE. BACKGROUND AND ANALYSIS The City Commission adopted Ordinance No.6-03-1790,abolishing the Code EnforcementBoardand establishing aSpecialMastertopresideovercode enforcement violation hearings.Theuse of aSpecialMasterisafairand expeditious alternative of adjudicating issues related to code violations thatisalso more cost-effective than the traditional Code Enforcement Board. Pursuanttosaidordinance,theCityManagerhasreviewedresumes of individuals alreadyservingasSpecialMastersforothermunicipalitiesinMiami-DadeCounty, includingtheCity of Miami,theVillage of Pinecrest,andtheCity of MiamiBeach, andhas recommended the appointment of EnriqueZamora,Esq.,Carolyn Y. Howard,Esq.and Maurice Donsky,Esq.toserveasSpecialMastersfortheCity of South Miami. These individuals willbe appointed toserveforaperiod of one-year commencing May 21,2003,and ending May 21,2004,oruntil other successors are appointed by theCity Commission.The negotiated feeto provide saidservicesis$100 per hour. RECOMMENDATION Approval is recommended. SAY/OM/OC AREAS OF PRACTICE EDUCATION RESUME CAROLYN Y.HOWARD LAW OFFICES OF C.Y.HOWARD,PA 15321 S.DDOEHWY.,#302 MIAMI,FLORIDA33157 0(305)255-3654,F-(305)255-7386 H-(305)232-4423 E-mail -cvhowardrg)hfl1l^„^inft ri^r0011?^C0Un8eI *Sma11 Businesses •*»ChurchesCommercialLaw,Civil Litigation and General Practice,and Mediation Completion of many CLE Courses, Completion ofFamily Mediator Course,2001. Completion of County Circuit Court Mediator Course,1999. University ofMiami Law School -18 hours toward LL.M in Estate Planning, Howard University Uw School,J.D.1972;Washington,DC top 10%of class*Howard University Law Journal;Assistant Editor,The Barrister Howard University,Washington,DC,B.A.,Political Science Major, Education Minor 1969.J BARADMTS^n^The Florida Bar,1978 United State Supreme Court,1982 OTHER JOR EXPERIEN^- PROFESSION AT BACKGROUND Certified County and Circuit Court Mediators,2001 -Present- Bid Protest Hearing Officer for Metro Dade County,2000 -Present Arbitrator National Association of Securities Dealers,Inc.1999 -Present- Special Master for the Village ofBal Harbour,2001 -2003- Special Master for the City of Miami Beach,1995-Presenf' Special Master for the Town of Surfside -1999-Present; I am an attorney with expertise in personnel,labor,grievance administration,and affirmative action areas.Iam asuccessful mediator who is able to make success out of havoc.Whenever I see a need for harmony,I attempt to get both sides together.I consider communication the key to solving most problems -1- EDUCATION fr PROFESSIONAL ASSOCIATIONS Iam an organizer and Idelegate duties and responsibilities easily to the Tf^!n PPT r°°nSidcr mySeIf t0 be aleader **aP««a who isabletofillinanysituationandmakeitsuccessful.Finally,Iam creative and able to get along with almost everyone -all ofwhich is helpful in attaining corporate legal goals or overall objectives. ^an attorney^with such expertise,Iestablished ajanitorial service in 1983,Howard s Professional Services,Inc.Howard's provided jobs for many under-and unemployed and hard to employ persons.The business was designed to help decrease the unemployment statistics in Miami-Dade County. Admitted to Practice-State of Florida,1978;U.S.Supreme Court,1982. 2001:Elections Committee Chair,NBA.Various chairs of Church activities. 2000:National Bar Association,WLD-Treasurer,Youth Director Elections Committee Member,NBA. 1999:National Bar Association,WLD-Treasurer,Youth Director,Fee Dispute Committee-Florida Bar. 1998:National Bar Association-WLD,Board Member,Youth Director. 1997:Florida Bar Grievance Panel Member. 1996:Church Program-Board of Directors,National Bar Association, WLD,Board Member,Vice Chair of National Bar Institute,Youth Director. 1995:Charlie Program-Board ofDirectors,Treasurer-National Bar Association,Women Lawyers Division Youth Oratorical Coordinator-Florida East Coast Congress ofChristian Education Treasurer-Family Division,Vice Chair-National Bar Institute 1994:Parliamentarian-National Bar Association,Chair ofGertrude E Rush Dinner-National Bar Association,Youth Oratorical Coordinator- Florida East Coast Congress ofChristian Education,Board Member- National Bar Association,Women Lawyers Division,Vice Chair-National -2- Bar Institute 1993:Program Chair-National Bar Association's 58th Annual Convention, Youth Oratorical Coordinator-Florida East Coast Congress of Christian Education,Board Member-National Bar Association,Women Lawyers Division,Vice Chair-NationalBarInstitute 1992:BeaconCouncil-Board Member,Vice Chair-National Bar Institute 1991:CHI Foundation-Board Member,Florida Bar Grievance Committee-Member,President NBA-Women Lawyers Division Dade County Chapter-1991-92. 1990:United Way-Panel on Employment and Economic Development, United Way-CommitteeonPolicyforVolunteers,GreaterMiami Chamber of Commerce Lawyers Task Force-Minority Relations,Board member of POSITIVE,Chair of Elderly Housing Program-WIN,Member of Women Involved Now-WIN,Member ofYoung Friends of Senator Graham,Youth Director ofBethel Baptist Church Youth Ministry,Vice President of National Bar Association-Women Lawyers Division, Fundraising Chair ofNBA-WLD,Chair,NBA-Convention Committee '93,Member-NBA-Florida Chapter.SCLC.Member ofNAACP. Chair,Metro Miami Action Plan-Employment Action Committee.Board Member of Metro Miami Action Plan.American Baptist Churches of the South-Area4-StateYouth Coordinator.Member,HostCommittee of ABCOTSAnnual Meeting.Member ofLeadership Miami. PREVIOUS YEARS Member:National Bar Association:Special Assistant,1981-1983,1985- "1989;Special Consultant,1980-1981.National BarAssociation Women's Division Greater Washington AreaChapter:Vice President, 1981; Secretary,1980;andExecutiveMember,1979,1982.NationalBar Association Women's Division;President 1983-1985;Executive Board Member,1985-1989;2Bd Vice President,1981,1980;Treasurer,1979. Howard University National LawSchoolAlumniAssociation of the Greater Washington,D.C.Area:President,1981-83.Howard University National Law School Alumni Association:President1983-84.Member of ASPA,andWashingtonPersonnelAssociation. Nomineefor Outstanding YoungWoman ofAmerica,1981,1982. National Bar Association Dade County Chapter:Committee Chair,1984- 1989;Charter Member,1984.Florida Chapter National Bar Association. SouthDade Chamber ofCommerce,Member.SCLC-Voter's Registration.Metro Miami Action Plan:Task Force;Metro Action Plan -3- Conference Participant;and Chair of Employment action Committee, 1986-1989. Concerned Citizens of Richmond Heights,Member.Miami's March on Washingon Coordinating Committee.American Baptist Churches of the South (ABCOTS):Youth State Coordinator 1988-1989.Bethel Baptist Church:Youth Director,1987-1989;Constitution and Bylaws Chair;etc. JOB EXPERIENCE LawOffices ofC.Y.Howard,P.A. 1990to PRESENT Solo Practitioner. 1989-1991 Four C's Services,Inc.-Manager. 1252 Partner of Law Offices of Howard &Hargrove,P.A. 1983-1988 HOWARD'S PROFESSIONAL SERVICES INC.MIAMI,FLORIDA Position:President. Accomplishments:As an attorney with labor expertise,I established janitorial services in 1983,Howard's Professional Services,Inc. Howard's provided jobs for many under and unemployed and hard to employ.The business was designed to help to decrease the unemployment statistics.It was sold in 1988. Function:Coordinated the day to day activities of the Company which included scheduling of employees and contacting Federal,State,County, and Municipal Procurement agencies,as well as,private sectors.The company wasafulllinejanitorialservice. 1982 TO 1993 MCI TELECOMMUNICATIONS CORPORATION,ARLINGTON, VIRGINIA Position:Affirmative Action Manager Function:Acted as Affirmative Action Manager for the entire Corporation. 1)Affirmative Action Plan:The Corporation which covers approximately 26 states and has 5,000 employees did not have an Affirmative Action Plan.Wrotenine Affirmative Action Plans whichwere tailored to these particular metropolitan areas. Designedbindersforthe plans.Coordinatedthedissemination of the Plans to the appropriate management employees.Traveled around the county setting upa formal training program teaching management about theAAP.Asa result,MCI compiled withits legal obligations of establishing anAAP. -4- 2)OFCCP Audit:MCI isa government contractor and therefore, subject to an audit by office of Federal Contractors Compliance Program.Submitted all required documents to Agency. Coordinated the two weeks on site audit activities.Corrected the deficiencies theAgency identified.Asa result,MCFs government contracts and subcontracts whichtotaled$14milliona year were notadversely affected. 3)EEO Charges:Represented the Company at all Fact Finding Conferences for discrimination charges.Prepared documents and witnesses for the Conference.Saved the Company money by resolving the charges demonstrating the Company was not guilty of discrimination. 4)Labor Training and Discipline:Taught Labor courses withthe classes lasting 8 hours.Asa result,management knewhowto avoid and handle discipline or potential discipline problems.In addition,provided labor advise to manager. 5)Affirmative Action Training:Taught courses with emphasis on discrimination laws.Designed a Sexual Harassment course.In addition,counseled managers and employees on discrimination laws and rights.In addition,counseled managers and employees on discrimination laws and rights. 1978-19$!CONTINENTAL TELEPHONE SERVICE CORPORATION MERRIFIELD,VIRGINIA Positions:Employee Administrator.1978 -1981;Personnel Director. Eastern Region.1979-1981. Functions:Acted as personnel director for the Eastern region after beginning as an administrator with responsibility for labor,safety,and salary administration. Included:1)development of personnel philosophies,policies and procedures;2)compliance with Federal and State laws;3)affirmative action;4)maintenance of employee benefit program;5)position descriptions and evaluations;6)management training and development; and 7)overall management ofthe operation. 1)Contract Settlement^:In seven division and 14 unions there was no continuity ofcontracts.Made sure that each division had acopy of all 14 contracts,kept contracts current,and designed a program which promoted uniformity of benefits and working conditions. -5- 2)Labor Training and Discipline:Formedalabor circular whichwas approximately three dayslong.Taught mini-labor courses withthe classes lasting 4-6 hours.Asa result,management knew howto avoid and handle discipline or potential discipline problems. In addition,provided labor advice to managers.Prior decisions had resulted in wildcat strikes,arbitrations,grievances and law suits.By providing a willingness to answer labor questions, morale improved and costs in manpower responding to crises was decreased. 3)Leeal Research:Researched all legal issues regardless of significance,and encouraged managers to seek advice on legal issues.Saved the company money by avoidance of external attorneycostsand the managers gotconcise answers ontheir problems. 4)Arbitrations:Acted as an advocate for the company in arbitrations in 1981 where previously cases hadbeensentto outside counsel. Resulted in savings in legal costs with adequate legal representation internally. 5)Salary Information:At the start,salary data for the region was not current.Obtained data from all Division Personnel Managers coordinating approximately forty (40)different schedules. Provided access to information for comparisons,surveys and rate cases. 6)Job Descriptions:Only 30 descriptions existed for 450 management jobs.Completed descriptions for over 300 jobs providing uniformity for a position no matter where it was located geographically. 7).Safety:There was no stress on safety in the region.Created (a) safety bumper stickers (b)safety posters (c)safety films (d)the issuance of safety novelties,and (e)held safety classes.Accidents were reduced,and the employees became safety conscious. 1977-1^78 UNITED STATE DEPARTMENT OF AGRICULTURE WASHINGTON,D.C. Positions:Attorney,Office of the General Counsel Electric and Telephone Division. Functions:Reviewed title research,wrote and reviewed leases, -6- mortgages and loans contracts and provided daily contract and Act Interpretations to the Rural Electrification Agency. Effectively acted as "In-House Counsel"for the members of the Agency in the Southwest District,mainly Louisiana and New Mexico.Informed the members whether certain documents attached to aloan and/or mortgage contract were recorded in compliance with state laws. 1)Case gacfclpg:At the start,the district had asevere backlog of about 40 cases due to the need for another attorney.By the time that I left,the cases were up to date.Once up to date it was possible to check the documents before the borrower had violated thelawor lost money. 2)Internal Communication;There was not any avenue for departmental employees,paralegals and secretaries to vent their frustration.Set up aweekly meeting regarding status ofwork and giving them achance to complain.Morale improved and productivity increased,and most of all employees felt that someone cared. 3)Brief Preparation;At the start,the Justice Department had just filed an Environmental Protection case.It was policy that because it was a Department of Agriculture case that departmental counsel would prepare the brief.Personally prepared it so that it was filed on time. 1973 '1977 NATIONAL AIRLINES,INC.,MIAMI,FLORIDA Positions:Labor Relations Analvst/Representative Functions:Principal duties were to research employment contracts to negotiate employment contracts and to advocate arbitration cases. Reviewed airline surveys,labor reports and computer statistics as preparation for each contract.Compiled tables and work product for each proposal.Worked with the company's seven unions.Advised managers on day-to-day labor questions and/or problems,and suggested appropriate disciplinary action for employees. J)Grievance Reduction:At the beginning there were 400 grievances filed ayear,and at least 160 went to arbitration.Built arapport with the union stewards allowing settlement at a lower level.Four (4)years later only 40 cases went to arbitration,and overall with the identification ofproblems grievances were reduced from 400 to about 100. 2)Discipline Administration:Thecompanyhad 33-36 stations each witha manager who made decisions,imposed discipline,denied grievances and then called for advice.Builta rapport with managers,receivedtheirrespectandthentheircallscamebefore the action,Eliminated many problems and improved employees morale. 3)Union/Management Relationship:The Federal Mediation and Conciliation Services offersa program entitled "Relationship by Objectives."Itis designed to create positive relations between management andtheunion.Acted asa troubleshooter onthis program forall stations and it resultedinimproved communications. 4)Contract Negotiations:Negotiated a labor pactwiththeALEA. Thispactlimitedthenumber of contractopeners,provided atime frame for negotiation,mandatory mediationand arbitration. Resultedin alleviation of astrikeandconsequently great savings. 5)Arbitration Cases:Thecompanyhad many suchcases,both ALEA andF/Acases.Prepared,presentedwrotebriefsandwonthese cases greatly benefitting thecompanyandeventuallycuttingthe number of cases. PRIOR POSITIONS University of Miami.Coral Gables.Florida. Professor of Business Law,1973.Taught Business Law for four (4) classes of undergraduate students.Florida Rural Legal Services. Homestead,Florida,Attorney,1972 to 1973.Wrote divorces,adoptions andleasesforclients from rural areas.Prepared documentsandaffidavits for court cases.Aided clients intheir daily encounters with landlords, creditors and debtors. Attorney General Robert Shevin.Miami,Florida,Attorney,1972.Wrote appellate brief for the State of Florida.Howard University.Washington, D.C.,Graduate Assistant,1970/1972.Performed varioustasksinthe Department of Romance Languages.Redevelopment Land Agency. Washington,D.C.,Law Clerk,1971.Performed various legal tasks. Department of Health.Education and Welfare.Washington,D.C., Coordination of summer Interns,1970.Coordinated summerwork of the departmentalinterns. REFERENCESAvailableupon request. Enrique Zamora,Esq. 10 N.W.Lejeune Road,Lejeune Exec.Bldg,Suite 600 •Miami,Florida 33126 •305-476-8770 Legal Experience Zamora &Hillman 10N.W.LejeuneRoad,Suite600,Miami,Florida 33126 -2001 to present Areasof Concentration:Probate &Guardianship administration,litigationand mediation,ElderLaw,Estate Planning,andrelated litigation;Real Estate. Law Offices of Enrique Zamora 1102 Ponce de Leon Blvd.,Coral Gables,Florida 33134-1997to2000 Areasof Concentration:Probate&Guardianshiplitigation,ElderLaw,Estate Planning,Corporate,Contract and Business Lawand related litigation;Real Estate. Perez-Abreu,Zamora,Hillman &Martin-Lavielle,PA 901PoncedeLeonBlvd.,Suite 502,CoralGables,Fl 33134-Founding Partner,1987to1997 Areasof Concentration:Probate&Guardianshiplitigation,ElderLaw,Estate Planning,Corporate,Contract and Business Lawand related litigation;Real Estate. Southern General Life Insurance Company 4950 SW 72nd Avenue,Suite 201,Miami,Florida 33155 GeneralCounsel,October1985toDecember 1987 Legal Activities SpecialMasterfortheCityofMiami Beach President and Director of the South Florida Guardianship Association Certified civil mediator Court Appointed Attorney-Ad-Litem for Cuban National Heirs,11thJudicial Circuit oftheStateofFlorida,Dade County-Probate Division Member oftheGuardianshipLaw Cornmittee ofthe Florida Bar Teaching Activities Miami-Dade Comm.College-Professional Guardianship Prgm-1998 to date. LeadInstructor&Planning Committee Chairofthe40-Hourcoursefor Professional Guardians University of Miami-Koubek Center-September 1989 to 1998 School of Continuing Studies Adjunct Professor ofBusinessLaw Florida National College -July 1986 to 1996 Professor of Paralegal Program Responsible for teaching:Trusts &Wills,Business Law,Real Estate and Introduction to the American Legal System Seminars /presentations Probate Litigation-Speaker This seminar was presented by the "Put Something Back"Program in conjunction with the DCBA Probate Committee-December 2002 Medicaid and Elder Law Issues in Florida-Speaker Offered by Lorman Education Services-November 2002 Procedural and Probate issues in Wrongful Death Cases-Speaker Offered by Lorman Education Services-September 2002 Guardianships:How to Help-Speaker City of Miami Beach's Office of Elder's Affairs-May 2002 Depository Account-How do they really work?-Speaker Presented by the Academy of Florida Elder Law Attorneys-May 2001 US/Cuba Alternatives for the View Adrninistration-The Legal Issue -Speaker I resented by St.Thomas University School of Law-February 2001 BakerActs-Speaker Presented by the Florida International University School of Nursing-January 2001 Ethics in Guardianship-Speaker Presented to the Florida State Guardianship Association Conference-Aw^sr 2000 Probate Litigation -Speaker This seminar was presented by the 'Tut Something Back"Program in conjunction with the DCBA Probate Committee-April 2000 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 inManagement,(Accounting &Taxation)1981 University of Florida Gainesville,Florida Bachelor ofScience in Electrical Engineering,1971 Professional Memberships The Horida Bar The Elder Law Section -Horida Bar Dade County BarAssociation Cuban American Bar Association HoridaStateGuardianship Association SouthHorida Guardianship Association References AVAILABLE UPON REQUEST ^p'nrnrMvmr MAURICE EDWIN DONSKY Home; 440 Rovino Avenue ^^ CoraJ Gabies,jRorida 33156 ^A^meria Avenue (305)667-5440 CoraJ GabJes,Horida 33134 (305)632-3040 Fax;(305)669-5500 Family; Educatffln- College:Clark University Wo™***,.wA Mjljtary; United States Navy -1965-1966 Cui-renf EfPn^YTT]rnf f Law Offices Maurice E Donsky Coral Gables,FL.1981-2001 Mediation of Civil Lawsuits Florida Supreme Court Certification in Fw,„1»«001°n mFamiJ^Co^y and Circuit Gvii matters CoraJ Gables Ticket Hearing Officer Responsible for administrative determSn ♦•,*W-2001 Coral Gables.Violations include t^^tk^°Km°m ^^in ^C'>* County Code,South Horida Buildin*C*l r*t ?*^^Code'^^ad«holding fne hearings and assess fines ^^ VH|age of Pinecrest Special Master and Ticket *W ,«™ Officer Ket Hea«°g 1999-2001 Responsible for administrative determiner *of Pinecrest.In view of the fact that the JZ*°£enfofCenient Nations in the Village Enforcement Board (CEB)the SpecW Mall?!^d0M n0t haVc aCode South Florida Building Code.The s2^^"^^*•*Cou^Code and Cc^pHa.ce and issues fmesforvLS Florida Bar 1972 Horida Real Estate Broker 1983 E^ArtrrrfttfinTfti NewYork State 1966 State of Florida 1972 BgMamiflrcinYrc The Florida Bar