HomeMy WebLinkAboutR-99-0337J-99-368
' 4/16/99
RESOLUTION NO. 99- 337
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH RETIRED
JUDGE EDWARD H. SWANKO, TO SERVE AS HEARING
OFFICER FOR THE NEIGHBORHOOD ENHANCEMENT TEAM
("NET") OFFICE AND PRESIDE OVER SOLID WASTE
SANITATION CODE ENFORCEMENT HEARINGS AND
PROCEEDINGS, RENDER WRITTEN FINDINGS AND
RULINGS, IN AN AMOUNT NOT TO EXCEED $20,000,
ON AN AS -NEEDED BASIS FOR ONE YEAR, WITH THE
OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR
PERIODS, FOR ("NET"); ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE
NO. 145001.251113.2.270.
WHEREAS, the ("NET") Office has a need for the services of a
Hearing Officer to preside over code enforcement hearings and
other proceedings pursuant to §2-882 of the Code of the City of
Miami, Florida, as amended; and
WHEREAS, the City has initiated procedures for increased
enforcement for garbage and trash violations in the City of
Miami; and
WHEREAS, with heightened emphasis on enforcement by
inspectors, notices of violations will increase dramatically; and
WHEREAS, services of the Hearing Officer will facilitate
enforcement and settle disputes between the citizens and ("NET")
MEETING OF
MAY 1 1 1999
Rewluuon No.
99- 337
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for the alleged violations; and
WHEREAS, Retired Judge Edward H. Swanko has agreed to
preside as a Hearing Officer at a fee of $250.00 per day, and his
services will be required on an as -needed basis; and
WHEREAS, Judge Swanko has served in this capacity in the
past; and
WHEREAS, funds are allocated from Professional Services
Account Code No. 145001.251113.6.270; and
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized' to
execute an agreement, with retired Judge Edward H. Swanko, in a
form acceptable to the City Attorney, in an amount not to exceed
$20,000, to serve as a Hearing Officer to preside over code
enforcement hearings and other proceedings pursuant to §2-882 of
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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99- 337
the Code of the City of Miami, Florida, as amended, on an
as -needed basis for one year, with the option to extend for two
additional one-year periods, for the Office of the Neighborhood
Enhancement Team, with funds therefor hereby allocated from
Account Code No. 145001.251113.6.270.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.Z/
PASSED AND ADOPTED this 11th day of May , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami. Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation rnov.
becomes effective with the elapse of ten (10) days from the date of Commi cn actier
regarding same, without the Mayor exer ' in ;*a
ATTEST:
Walt oem_W City Clerk
WALTER J. FOEMAN
CITY CLERK
NESS:ez"
W3409:RCL
if the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from 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.
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CITY OF MIAMI. FLORIDA 32
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
FROM:
Donald H. Wars ;R�W��-
City Manager
RECOMMENDATION:
DATE _ _ _ FiLE
SUBJECT
Resolution authorizing Acquisition
of a Hearing Officer
REFERENCES:
ENCLOSURES:
It is respectfully requested that the City Commission adopt the attached resolution authorizing the
City Manager to execute a Professional Service Agreement with retired Judge Edward H. Swanko to
serve as a Hearing Officer for the NET Office and preside over Sofid Waste Sanitation Code
Enforcement hearings and proceedings, and render written findings and rulings as to the payment of
fines and administrative fees. The cost for said professional services, on a as needed, when needed
basis, shall not exceed $20,000 annually. Said Agreement shall be for one (1) year, with the option to
extend for two (2) additional one (1) year periods. Funding is available from Professional Services
account code 145001.251113.6270.
BACKGROUND:
The NET Office has a need to acquire a Hearing Officer to preside over code enforcement hearings
and other proceedings pursuant to Ordinance 10954. This ordinance .treated the position of Hearing
= Officer and established a procedure for the issuance of civil infraction notices and fines which enable
the City to more effectively enforce the code and ordinances as it relates to garbage and trash
violations.
The City has initiated procedures for increased enforcement as it pertains garbage and trash violations
on the property of its citizens. It is the expectation that with this increased emphasis on enforcement
by its inspectors, violation notices to its citizens will increase dramatically. Its net result will be an
increased need for a Hearing Officer to facilitate enforcement and settle alleged disputes between the
citizens and the NET Office as it pertains to purported violations.
Retired Judge Edward H. Swanko has agreed to preside as a Hearing Officer at a fee of $250.00 per
day, and his services will be required on an as -needed, when -needed basis. Judge Swanko has served
in this capacity in the past, and it is the desire of the NET Office to again acquire his services at this
time.
Funding is available an amount not to exceed $20,000 annually, and the Agreement shall be subject
to renewal by the City for two additional one year periods, at the sole discretion of the City.
DHW/RM/MD/PEB
i
99 - 331
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Donald H. Warshaw DATE: April 1, 1999 FILE
City Manager
Through: Raul Martinez SUBJECT: Authorization for Acquisition of
s Assistant ity Ma a er Hearing Officer
F M:/
REFERENCES:
Z,
•� Office of NET A inistr tion ENCLOSURES:
The Office of NET Administration has verified with the Department of Management and Budget
that funds are available from FY '99, Special Revenue Fund - Professional Services in the
amount of $11,000 for the acquisition of a Hearing Officer for the NET Office to preside over the
Solid Waste Code Enforcement hearings and proceedings, for the remainder of this Fiscal Year.
The agreement shall be for one (1) year, with the option to extend for two (2) additional one (1)
year periods, in an amount not exceed $20,000, for the first year and subsequent year subject to
availability of funds.
RM/MWD/bd
Budgetary Review and Approval By:
19-57U ,j . 2 S il/ 3' Z %
Di ector
�1 Department of Management & Budget
Date:
Ci+�., of Miami
R:r & Budget
3
T,r: e�(AM PM
Amoun` of $
av, 1i;r in account number.
rified L;y: SIGNATURE
09- 337
A,.-
PROFESSIONAL SERVICES AGREEMENT
AWARD SHEET
PSA-98-99-112
ITEM: Hearing Officer
DEPARTMENT: NET Office
TYPE OF PURCHASE: On an as -needed, when -needed contract basis for one
(1) year, with the option to extend for two (2)
additional one-year periods
RECOMMENDATION: It is recommended that the City Manager execute a
Professional Services Agreement, in a form acceptable
to the City Attorney, with retired judge Edward H.
Swanko to serve as a Hearing Officer for the NET
Office and preside over Solid Waste Sanitation Code
Enforcement hearings and proceedings, and render
written findings and rulings as to the payment of fines
and administrative fees, at an annual amount not to
exceed $20,000.00, with funds therefor hereby
allocated from Account Code No.
145001.251113.6.270.
AwardSheet
r
irecto o ch ing
Datel
99 - 337