HomeMy WebLinkAboutR-01-0490J-01-393
5/15/01
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RESOLUTION NO. 01— 490
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITIf RETIRED
JUDGE EDWARD 11. SWANKO TO SERVE AS A HEARING
OFFICER TO PRESIDE OVER SANITATION CODE
ENFORCEMENT HEARINGS AND PROCEEDINGS AND
RENDER WRITTEN FINDINGS AND RULINGS FOR THE
DEPARTMENT OF SOLID WASTE, ON AN AS -NEEDED
CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH
THE OPTION TO RENEW FOR TWO ADDITIONAL
ONE-YEAR PERIODS, AT THE RATE OF $250 PER DAY,
FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED
$10,000; ALLOCATING FUNDS FROM: PROFESSIONAL
SERVICES ACCOUNT CODE NO. 001000.320101.6.270.
WHEREAS, the City of Miami has increased enforcement of the
garbage and other solid waste regulations under Chapter 22 of
the Code of the City of Miami, as amended; and
WHEREAS, the Department of Solid Waste wishes to enter into
a professional services agreement with retired Judge Edward H.
Swanko to preside over Sanitation Code Enforcement hearings and
proceedings as a Hearing Officer to resolve disputes between
alleged violators and City Sanitation Inspectors; and
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MAY 2 k 2001
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O1_ 490
WHEREAS, funds are available from Professional Services
Account Code No. 001000.320101.6.270;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized!' to execute a
Professional Services Agreement, in a form acceptable to the
City Attorney, with retired Judge Edward Ii. Swanko to serve as a
Hearing Officer to preside over Sanitation Code Enforcement
hearings and proceedings and render written findings and rulings
for the Department of Solid Waste, on an as -needed contract
basis, for a period of one year, with the option to renew for
two additional one-year periods, at the rate of $250 per day,
for a total annual amount not to exceed $10,000, with funds
allocated from Professional
No. 001000.320101.6.270.
Services Account Code
=� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but
not limited to those prescribed by applicable City Charter and Code
provisions.
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01- 490
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED this 24th day of MT_ , 2001.
JOE CAROLLO, MAYOR
!n a000tderaa vAh 1111 Code Sac. 2-W, sine the Mayor did nat indicate epprovai of
ded, said 109181
this 1"isletion by signing it In the doslgnaie" ate of Com n
ATTEST: becomes effective with the Olapse of
regarding same, without the Mayor "x i
WALTER J. FOEMAN
CITY CLERK�/�
APPROVFDS 19
cATTORNEY
n15295:db:LB:BSS
CTNESS
City
?� If the Mayor does not sign this Resolution, it shall become effective
at the end of len calendar days from the date it was passed and
adopted. Jf the Mayor vetoes this Resolution, it shall become
effective inunediatel.y upon override of the veto by the City Commission.
01- 490
Page 3 of 3
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0 CITY OF MIAMI, FLORIDA • C =1 9
INTER -OFFICE MEMORANDUM
To The Honorable Mayor and DATE . MAY ' F :�Di FILE
Members of the City Commission
SUBJECT Resolutions Authorizing
Acquisition of Hearing Officers
FROM nez HEFERENCES :
City Manager
ENCLOSURES.
It is respectfully requested that the City Commission adopt the attached
resolutions authorizing the City Manager to execute Professional Services
Agreements with retired Judges Edward H. Swanko and Marshall H. Ader to
serve as a Hearing Officers for the Department of Solid Waste to preside over
Sanitation Code Enforcement hearings and proceedings and to render written
findings and rulings as to the payment of fines and administrative fees. The cost
for each, on an as needed, when needed basis, shall not exceed $20,000
annually. Each Agreement shell be for one year, with the option to extend for
two additional, one-year periods. Funding is available in the Professional
Services Account Code 001000.320101.6.270.
The Department of Solid Waste has a need to acquire Hearing Officers to
preside over Sanitation Code Enforcement hearings and other proceedings
pursuant to Chapter 22, Gafiane and Other Solid Waste, of the City Code. The
code provides for a procedure for the issuance of civil infraction notices and fines
to enable the City to more effectively enforce its ordinances related to garbage
and trash violations.
The Department has initiated procedures for increased enforcement of this
section of the code. It is the expectation that with this emphasis on enforcement
by Sanitation Inspectors, violation notices will continue to increase. The net
result will be this need to have Hearing Officers facilitate enforcement and settle
disputes between the alleged violators and the Sanitation Inspectors as it relates
to purported violations.
The Department solicited Letters of Interest from five retired judges as to their
availability and interest in serving in this capacity. Responses were received
from three, one of whom has moved out of the area. Judges Edward H. Swanko
0j- 490
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Carlos A. Gimenez DATE: FILE:
City Manager
SUBJECT: Authorization to Engage
/ii 2 Sanitation Code Enforcement
{_ Hearing Officers
FROM: Clara�erson, or REFERENCES
Department of Solid Waste
ENCLOSURES.
The Department of Solid Waste has verified with the Department of Management
and Budget that funds are available in an mount not to exceed $20,000 In the
Professional Services Account Code 001000.320101.6.270 to secure the
services of two retired juges to conduct Civil Violation Notice appeal hearings
for the Sanitation Code Enforcement Division.
Budgetary Review and Approval By:
Linda Hassle ns, DirectorOLOwL Date:
Depart hent of Management and Budget
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