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Home My WebLink AboutR-91-0680{11b J-91-454 8/29/91 RESOLUTION NO. 9..-- IS80 A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTION 2-302 AS SUCH PROHIBITION APPLIES TO ARSENIO MILIAN, WHO SERVES ON THE CITY'S ZONING BOARD, IN RELATION TO HIS TEMPORARY EMPLOYMENT WITH THE FIRM OF CH2M HILL SOUTHEAST, INC. WHICH IS PRESENTLY PROVIDING PROFESSIONAL SERVICES TO THE CITY FOR THE PREPARATION OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT APPLICATION FOR THE SUBMITTAL TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. WHEREAS, Arsenio Milian Is currently serving as a member of the Zoning Board of the City of Miami and is President of the Engineering Firm of Milian, Swain & Associates; and WHEREAS, Arsenio Milian Is seeking temporary employment with the firm of CH2M Hill Southeast, Inc. which is presently providing professional services to the City for preparation of the National Pollutant Discharge Elimination System (NPDES) permit application for submittal to the United States Environmental Protection Agency (EPA); 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 waiver set forth In Section 3 hereof Is based upon the recitals and findings contained In Section 1 hereof and upon the following findings: CITY Ct MMSION MEETING OF S E P 26 1991 91-- (a) The City of Miami has determined that Arsenio Milian, based upon his experience, qualifications, knowledge of local conditions and longstanding relationship with various federal and state regulatory agencies, Is uniquely qualified to assist CH2M Hill Southeast, Inc. in the preparation of the NPDES project documents and to serve on the permit negotiating team, which relationship would be in violation of City Code Section 2-302 were there not a waiver of the prohibition contained in said Section 2-302. (b) The herein proposed transaction will be In the best Interest of the City of Miami In coordinating the City's application for a National Pollutant Discharge Elimination System (NPDES) Permit. Section 3. The prohibition contained in Section 2-302 of the City Code Is hereby waived by a 4/5ths affirmative vote of the City Commission, after a duly advertised public hearing. Section 4. This Resolution shall become effective Immediately upon Its adoption. PASSED AND ADOPTED this 26th day of September XAVIER LJ SUARE ATT T- MA HIRAI CITY CLERK SUBMITTED BY: I-Wt A� RIETO-PORTAR, Ph.D., P.E. -DIRECTOR OF PUBLIC WORKS LEGAL REVIEW: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ell. 5 QUINN JOYOR III ACTING CITYNEY _ 2 , 1991. 91- 680 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission ROM Cesar H. Odio City Manager RECOMMENDATION: DATE SEP 1 81991 ;:.LE SUBJECT Waiver of Two Year Prohibition Against Transaction of Business With City Zoning Board Member Arsenio Milian REFERENCES ENCLOSURES It is respectfully recommended that the City Commission adopt the attached resolution waiving the prohibition contained In City Code Section 2-302 against the transaction of business with a member of a City Board as such prohibition applies to Arsenio Milian. BACKGROUND: Mr. Arsenio Milian is currently serving as a member of the Zoning Board of the City of Miami and is President of the engineering firm of MllIan, Swain & Associates. In addition, Mr. MIIian Is a former member of the Governing Board of the South Florida Water Management District. Mr. Milian is now seeking temporary employment with the firm of CH2M Hill Southeast, Inc. which Is presently providing professional services to the City for the preparation of the National Pollutant Discharge Elimination System (NPDES) permit application for submittal to the United States Environmental Protection Agency (EPA). On October 31, 1990, the United States Environmental Protection Agency (EPA) approved Its final rule on stormwater discharges requiring municipalities to obtain a National Pollutant Discharge Elimination System permit for storm sewer systems. After completing the requirements for consultant selection process, the City Commission on July 25, 1991, approved a professional services agreement with the firm of CH2M Hill Southeast, Inc. for the aforesaid NPDES permit application. The Director of the Department of Public Works is recommending that Arsenio Milian, based on his qualifications, experience and longstanding relationship with various state and federal regulatory agencies, be allowed employment with CH2M Hill Southeast, Inc. to assist in the NPDES Project. Mr. Milian's employment would not exceed the duration of the NPDES project with the City. 7 - t 91- 680 E; c - c N �- :l E JISA,llrlicr►t. fir,;airy c� Accn� i�th��, 1�1c . 102�.Tmtburct iput-9trnui, Afwr.+. Fttw a 145 �305) 4411:11' PVT "30S) 561-cr<lr ARZ: :N1O MiILIAN, P.E. MUCATION Bachelor of Civil Engineering University of Florida -i9ii master of Engineering University of Florida -196e REGISTRATION Prof_ossional Engineer Florida #13134 MEMBER ( Past and Present) South Florida Water Management District - Governing Board Dade County's West Wellfield - Policy Advisory Committee Dade County's Environmental Endangered Land Acquisition C o r, ;tj tte3e Florida Economic Growth & International Development American waterworks Association Water. Pollution Control Federation Florida waterworks Association American Society of Civil Engineers City of Miami. Planning Advisory Board City of Miami zoning Board C4tizens for a Better South Florida - President Deltona Political Action Committee - Vice Chairman 1000 Friends of Florida - Board of Directors The Wilderness Society - Governing Council Environmental Education Foundation of Florida - Lix<< tcrs SUMMARY OF EXPERIENCE Board of Aarinistration of all phases of engineering, construction., operations and maintenance related to water, wastewater and gas systems for eleven subdivisions throughout the State of Florida, including billing, rate regulation, and accounting. Experience also includes the planning, design and construction ni water and biological wastewater treatment plants, land development and roadway projects. Worked closely with local, regional, State and Federal agencies. Qualified as an engineering expert witness before the Florida Public Service Commission and the Board of County Commissioners of Hillsborough, Collier, and St. .johns County. DETAILED EXPERIENCE As1L-gtLs Li_CW nt Deltona Utility Consultants, in,--. August, 1983 -June, 1989 Responsible for the preparation and control of all capital :end operational budgets of the Utility Divisions. Direct., analyzp and make recommendations for long range planning, feasibility studies and rate increase applications. Direct negotiations and coordinate activities and consulting engineeri.nq services to clients other than affiliated companies. Participated and directed negotiations with key members of various requlatory agencies in the procurement of per -nits required for the construction and operation of utility l;yc:ili!.ies. Defined organizational structure under my supervision achi.evinc3 improved productivity by increasing revenues by 486% in the thirteen year period in which the utilities were under my direction while increasing personnel by only 530. During this same period, utility plant increased from 30 million dollar to 96.1 million dollars. As_Vice President 1969 -1983 Responsible for planning and design of lime softening treatment plants at Marco Island and St. Augustine Shores. Responsible for design of iron removal water treatment plant at Sunny Hills, Florida. Responsible for investigation of alternate raw water sources and design of pumping facilities for Marco Island. Resource management planning, including water supply wellfiel.ds, treatment, transmission and distribution for several communities serving more than 60,000 residential and commercial connections in the State of Florida. Supervision of design and construction of water distribution systems, storage tanks and related high service pumping facilities at all communities developed by The Deltona Corporation. 91 - 680 F'HtiE . 0 n = Supervision of design and construction of wastewater treatment plants ranging in capacities from .70 MGD to 2.5 MGD. Supervision of operations of these facilities that included trickling filters, extended aeration and contact stabilization processes. Design and certification of wastewater collection systems, lift stations, force mains. Responsible for the management and coordination of call engineering staff, establishment of basic design criteria to be used for all networks system and treatment facilities. Junior Engineer Post, Buckley, Schuh & Jernigan, Inc. 19G8 - 1969 Responsible for the design of water system extensions to serve small subdivisions. Cut and fill computations for subdivisions and roadway projects. Design of drainage systems for shopping centers and small subdivisions and highways. Geometric design for subdivisions and highways, including horizontal and vertical a ignment. L� 91 6$ 0 F#i'; �79 ,.;I :-1:1---'C. FF M -3(LREF'T BE,FN4 P44t;E ..,0 AWARDS 1991 Thomas Barbour medal - Fairchild Tropical Garden 1990 Conservation Award - Tropical Audubon Society Mr. Miliants key projects includes Development and coordination concerning the location and assessment of underground potable water sources for several communities within the State. Coordinated preparation of parts of DRI for new developments of one of the largest development companies in Florida. Managed design, permitting, construction and operation of numerous water and wastewater treatment facilities for a number of planned communities in the State of Florida. These plants include lime softening, iron removal, and different modes of the activated sludge treatment process. Managed design, permitting, and construction of water distri- ,< bution systems and wastewater collection systems including related facilities such as high service pumps, lift stations, storage facilities, etc. Directed and supervised utility system evaluations for a number of facilities owned by one of the largest private utility companies in Florida. Participated as subcontractor in the first phase of a stormwater utility system for a large Metropolitan area, with responsibilities related to the analysis of administrative, operating and maintenance costs, prioritizing system requirements. Directed and supervised the preparation and regulatory approval of several stormwater management plans for construction derris I and fill installations. 15 91- 680 FP aILtEF'T E;ET-7PN FH1aE . ^:)F W 467 Hero'of en�ronment �h AWARDING it, prestigious Thomas Barbour Medal to Ar:,cnio Milian, the Fairchild Tropical Girden fittingly has recognized a courageous and effective advocate for South Florida', environment. The award is named for the renowned naturalist (1884-1946) whose influential 1945 book That Vanishing Eden was one of the earliest warnings of South Florida's looming environmental problems. Past recipients include Marjory Stoneman Doug- las, John Pennekamp, Nixor. Smiley, David Fairchild, and Edwin A. Menninger. The medal reads: "For vision, unselfish devotion to the preservation of that vanish- inb Eden, South Florida_" That befits Mr. Milian, who just ended four years of exem- plary service on the South Florida Water Management District's governing board. There, the Dade Countian was a tireless champion of efforts to protect and restore the Everglades. In particular, he repeatedly questioned the board's spending of more than $5 million on lawyers to fight a Federal lawsuit aimed at keeping pollution out of the S. FLORIDA'S AR_SENIO MILIAN 'Glades. He also helped to persuade the dis- trict to follow affirmative -action principles in awarding contracts. Yet environmental education may be the cause dearest to Mr. Milian. While on the water -district board, he pressed for greater efforts in that area. He also was the guiding spirit behind the founding of Citizens for a Better South Florida, a broad -based group that has had a positive impact on public awareness and government policies. Mr. Milian's departure from the water - management board is no reflection on his service. }father, like the replacement of Tinter Powers four years. earlier, it reflects the painful political reality that new gover- nors with fresh mandates often want to fill key posts with their own appointees. Mr. Milian's leaving the board won't end his public service, thank heaven. He's one medalist who knows that the race to save the environment is a marathon, not a sprint. L^ 91.- 680 CITY OF MIAMI, FLORIDA INTER -ORRICE MEMORANDUM TO: Waldemar E. Lee Assistant City Manager Luis A. Prieto-p64ar, Ph.D., P.E. Director of Public Works DATE August 30, 1991 FILE SUBJECT Agenda Items from Public Works for the September 26, 1991 City Commission Meeting REFERENCES. ENCLOSURES Please find the following item from public Works to appear on the City Commission Meeting agenda for September 26, 1991. Resolutions: 1. Waiver of Two Year Prohibition Against Transaction of Business with City Zoning Board Member Arsenio Milian. LAPP/dr 7 Di— 680