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HomeMy Public PortalAbout1997-04 Establishing Disputes Resolution ProcedureORDINANCE NO. 97-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA; ESTABLISHING A PROCEDURE FOR RESOLVING DISPUTES ARISING FROM THE ACTIVITIES ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF FACILITIES FINANCED BY THE STATE OF FLORIDA REVOLVING LOAN FUND AUTHORIZED BY SECTION 403.1835, FLORIDA STATUTES; PROVIDING FOR NOTICE OF PROTEST AND DOCUMENTATION; PROVIDING FOR A HEARING; PROVIDING FOR AN APPEAL; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 403.1835, Florida Statutes, authorized a state loan program to local governments to accelerate the construction of sewage treatment facilities and established the Sewage Treatment Revolving Loan Fund to be used for such purposes; and WHEREAS, Section 403.1835, Florida Statutes, authorizes the State of Florida, Department of Environmental Protection to help local governments finance facilities to collect, treat and dispose of wastewater; and WHEREAS, Chapter 62-503, Florida Administrative Code, sets out the requirements for a local government to obtain financial assistance under the State of Florida Revolving Loan Program; and WHEREAS, said rules require the adoption of a dispute resolution procedure by the local government; and WHEREAS, the Village and the State of Florida, Department of Environmental Protection have previously entered into an Agreement related to the State Revolving Fund Loan Program dated June 20, 1996; and NOW THEREFORE, IT IS ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1: Legislative Intent. It is the intent of the Village to adopt a procedure for resolving disputes arising from the activities associated with the planning, design, construction, and operation of facilities financed by a loan from the State Revolving Fund Loan Program, authorized by Section 403.1835, Florida Statutes and Chapter 62- 503, Florida Administrative Code. Section 2: Dispute Resolution Procedure. (1) Any person who can demonstrate that an improper action taken by the Village in the above activities has caused, or will cause, a material adverse effect on such person, may file a written Notice of Protest with the Village Engineer within ten (10) calendar days of having become aware of such action. A copy of the Notice of Protest must be provided to any party which potentially would be directly and adversely affected by the relief sought. Any Notice of Protest not filed within the time period described above or not containing parts (a) through (f) of the following section shall not be considered. 2 (2) The Notice of Protest shall contain the following information: (a) The name and address of the protester; (b) A statement describing the disputed action and providing factual reasons as to why the action was believed improper; (c) A statement describing how and when the protester became aware of the disputed action; (d) A statement of how the protester is, or will be, adversely affected; (e) A statement of the relief sought; and (f) Any other information material to the protest. (3) Within seven (7) calendar days of receipt of the Notice of Protest, the Village Engineer may provide an opportunity to settle the dispute by mutual agreement. (4) In the event that the dispute is not resolved by mutual agreement, the dispute may be resolved at a hearing. The Village Engineer shall, within fourteen (14) calendar days of receipt of the Notice of Protest, set a hearing time, location and date to be held no earlier than fourteen (14) calendar days and no later than thirty (30) calendar days after receipt of the Notice of Protest. At the hearing the protester shall present evidence and testimony and may ask questions of witnesses. The Village representatives, consultants, and witnesses may present testimony about the disputed action. Within ten (10) calendar days of the conclusion of the 3 hearing, the Village Engineer shall render a written decision along with the justification for the decision. (5) If the protester does not accept the Village Engineer's decision, the protestor may file an appeal for reconsideration to the Village Manager. The appeal must be received at the office of the Village Manager within five (5) calendar days after the Engineer's decision is rendered. The appeal must contain the information provided in (a) through (f) and the justification for requesting reconsideration. The Village Manager shall, within five (5) days, designate a time, location and date for a meeting for the appeal. A copy of the appeal documentation must be provided to any party which potentially would be directly and adversely affected by the relief sought. At the meeting, the decision of the Village Engineer and the justification for his decision shall be presented to the Village Manager, and the petitioner shall have the opportunity to present evidence and testimony. At the conclusion of the meeting the Village Manager shall render a decision. The decision of the Village Manager shall be final, subject to the available remedies at law. Section 3: Severability. Should any section or provision of this Ordinance, or application of any provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the remainder of this Ordinance. 4 Section 4: Effective Date. This Ordinance shall become effective upon adoption. PASSED AND ADOPTED on first JANUARY , 1997. PASSED AND ADOPTED on second FEBRUARY , 19 9 7 . VILLAGE CLERK reading this reading this F. FESTA, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: V I L]VAGE ATTORNEY 103001\ordinance\revloan 5 28th day of 11th day of KEY uon ROY BARQUET STEPHEN S. BODDEN NINA L. BONISKE L. ROBERT ELIAS EDWARD G. GUEDES STEPHEN J. HELFMAN JILL A. JARKESY* GILBERTO PASTORIZA ELLEN N. SAUL* GAIL D. SEROTA* JOSEPH H. SEROTA RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ WEISS SEROTA & HELFMAN, P.A. ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE (305) 854-0800 TELECOPIER (305) 854-2323 January 15, 1997 VIA FACSIMILE AND U.S. MAIL Ms. Conchita Alvarez Village Clerk Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 BROWARD OFFICE 888 EAST LAS OLAS BOULEVARD SUITE 710 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (954) 763-1 189 PALM BEACH OFFICE 1872 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 TELEPHONE (561) 392-8762 TELECOPIER (561) 392-7551 *OF COUNSEL Re: Ordinance Establishing Dispute Resolution Procedure Dear Conchita: Enclosed for placement on the next Council Agenda is an Ordinance prepared by this office establishing a dispute resolution procedure as required for participation by the Village in the State of Florida Revolving Loan Program for wastewater facilities. The Ordinance is modeled after an Ordinance provided to the Village by the State's Loan Program staff as the recommended procedure utilized throughout the State. I do not consider either the form or substance of the model dispute resolution procedure of much value. However, as this is the State's preferred language, I have provided you with a modified version of the procedure for your usage. Please call me to discuss should you have any questions. Sincerely, k 2- Q Nina L. Boniske NLB/dg/103001 Enclosure cc: Richard J Weiss, Esq. one co. ne an of ne 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING FEB. 11, 1997 in the XXXXX Court, waOpublishhed ins 9newspaper in the Issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of next preceding the first publication of the attached ertisement; and affiant further says that she has d nor promised any person, firm or corporation nt, rebate, commission or refund for the purpose g this adv isement for publication in the said er. of or p disc ecu p day o Sworn to and subscribed before me t i eruary _ 9 .D. 19 (SEAL) P� p� OFFICIAL NOTARY SEAL Sookie Williams e®0nally kri�yrn telAMIE I T LLERENA 2 1115:(7' 0 COMPASSION NUMBER <n ?iFE Q CC5fs6044 �,F u�• `i� MY COMMISSION EXPIRES OF F�0 JUNE 23,2000 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordnance will be consid- ered on Second Reading by the Key Biscayne Village Council at a rnea ffi Tay, Fthiliary 11;1997, 1997;a7:09 p.m.; in -the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF .VILL GE", OF :KEY BISCAYNE, FLORIDA; EST," REAO.LVIN e .D)$ AStOI✓IA s TH CONSTRUCTION, . - N4 : ,QeERATION FINANCED .B1, THE: STATE OF- `I=LOR ' 'REVOLVING LOAN FUND AUTHORIZED BY SECTION 403.1835, FLORIDA STATUTES; PROVIDING FOR NOTICE OF PROTEST AND DOCUMENTATION; PROVIDING FOR A HEARING; PROVIDING MR AN APPEAL: -PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Conchita H. Alvarez Village Clerk 2/3 97-4-020306M