HomeMy WebLinkAboutR-01-0491• 0
J-01-398
5/15/01
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RESOLUTION NO.
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, WITH RETIRED
JUDGE MARSHALL H. ADER 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 Marshall H.
Ader to preside over Sanitation Code Enforcement hearings and
proceedings as a Hearing Officer to resolve disputes between
alleged violators and City Sanitation Inspectorsi and
WT Oi
MMING OF
MAY 2 4 2001
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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 Marshall H. Ader 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 Services Account Code
No. 001000.320101.6.270.
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
provislons.
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
PASSED AND ADOPTED this 24th _ day of a_ _, 2001.
JOE CAROLLO, MAYOR
In wookUnce with IWami Code Seo. 2-A stype the fr%W did not Wimete append of
this logitletbn by signing it in the designated place
provided, said IeplstattiAr ,
becomes effective with the elvse of tonyr V m the Conwntsaic �
ATTEST: regarding same, without the Mayor ea in8 �"0•/JD1
WALTER J. FOEMAN
CITY CLERK
TNESS:/
J.
W
-' If the Mayor does not sign this Resolution, it shalt become effective
at the end of ten calendar days frcxin the date it was passed and
adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
Page 3 of 3 0j— 491
INTER -OFFICE MEMORANDUM
Carlos A. Gimenez
City Manager
.9 Authorization to Engage
el�
I 2 Sanitation Code Enforcement
Hearing Officers
Clarence atterson, r
Department of Solid Waste
The Department of Solid Waste has verified with the Department of Management
and Budget that funds are available In an amount not to exceed $20,000 in the
Professional Services Account Code 001000.320101.6.270 to secure the
services of two retired judges to conduct Civil Violation Notice appeal hearings
for the Sanitation Code Enforcement Division.
Budbetary Review and Approval By:
/S,siPw AK:I•yam .-4. TM
04,
Date: 1
Linda Haak ns, Director
Deparbnent of Management and Budget
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!NTE-0Fr-10E MENIORANDUM
w20
The
The Honorable Mayor and
Members of the City Comnussion
Resolutions Authorizing
Acquisition of Hearing Officers
nez
City Manager
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 shall 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, Garbage and Other Solia 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
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and Marshall H. Ader, the two remaining respondents, are being reoommWXW
to serve because of the volume of cases pending.
Funding is available in an amount not to exoeed V0.000 The
orlodsOgnMents shall be subject to renewal by the City for two additio
nal me
PAriods�ya,�t ita sole discx+etion. ye8r
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