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.
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(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
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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.
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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.
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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
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Sworn to and subscribed before me t i
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(SEAL) P� p� OFFICIAL NOTARY SEAL
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2 1115:(7' 0 COMPASSION NUMBER
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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