41
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION NO. ______ _
A Resolution censuring Commissioner Robert Welsh due to his interference
with the administrative services of the City and his persistent interference
with the City's financial affairs.
WHEREAS, the Charter of the City of South Miami ("City") provides in Article I,
Section 4 that the City shall have a Commission-Manager government; and
WHEREAS, the Charter of the City provides in Article III, Section 5 that the City
Manager shall be the chief executive officer and that he shall be responsible to the Commission
for the proper administration of all affairs of the City including responsibility for the
administration of the budget and the power to contract for the purchase of any goods or services;
and
WHEREAS, the Charter of the City provides in Article IV, Section 4 that the City
Manager shall have charge of the administration of the financial affairs of the City in accordance
with Article III, Section 5 of the charter; and
WHEREAS, the Charter does not give any power to either the Commission or its
members to administer the financial affairs of the City. Moreover, the City Charter in Article VI,
Section 7, specifically prohibits the Commission and its members from dealing with the
administrative services other than through the City Manager; and
WHEREAS, Commissioner Robert Welsh has repeatedly interfered with the
administrative services and the financial affairs of the City, including the giving of instructions
to City employees and giving instructions or direction to the City's design build pool contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Commissioner Welsh is hereby censured for interfering with the
administrative services of the City and the City's financial affairs. His activities, which include
the giving of instructions to City employees and giving instructions or direction to the City's
design build pool contractor, has violated the Charter of the City of South Miami, including its
spirit and intent.
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this __ day of _____ , 2012.
Page 1 of 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
Page 2 of2
Hector Mirabile
From:
Sent:
To:
Hector Mirabile
Thursday, April 19,201211:43 AM
Bob Welsh, Jr.
i
Subject: RE: The "Of all the Unlucky places you may happen into while doing your research" weekly
list.
Commissioner,
Since it appears that you need specific clarity I will attempt to make it clearer. Any and
all communications between yourself and staff must be first cleared by me. That way we can
dispel any potential issues. I hope this helps any confusion. Additionally, the maneuvering
a camera towards the audience is done on a routine basis depending on who is talking on the
podium. A camera focused on one specific person in the chambers would be useless since the
actual streaming video would be switched as needed on routine basis depending on who is
talking. I hope this clarifies the limitations of our system.
Sincerely,
Hector Mirabile, Ph.D.
City Manager
City of South Miami
6130 Sunset Drive, FL 33143-5093
305-668-2510
hmirabile@southmiamifl.gov
-----Original Message-----
From: bobnoxious928@yahoo.com [mailto:bobnoxious928@yahoo.com]
Sent: Thursday, April 19, 2012 11:14 AM
To: Hector Mirabile
Subject: Re: The "Of all the Unlucky places you may happen into while doing your research"
weekly list.
OK, so if the staff at the Commission meetings are guests and their time is paid for as they
sit there and you are not concerned about managing their time, are they fair game for any
commissioner to go up to them and ask them questions?
Can a camera be directed at the audience from the perspective of the commission.
Sharon would not distract us with her antics if those in TV land saw them.
WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
On Apr 19, 2012, at 9:39 AM, Hector Mirabile <HMirabile@southmiamifl.gov> wrote:
> Commissioner,
>
> See, Mr. Brimo's response below regarding you inquiry.
>
> Sent from my iPhone
>
> Hector Mirabile, PhD
,>
1
> Begin forwarded message:
>
> From: "Brimo, Christopher" <CBrimo@southmiamifl.gov<mailto:CBrimo@southmiamifl.gov»
> Date: April 19, 2012 8:40:10 EDT
> To: Hector Mirabile <HMirabile@southmiamifl.gov<mailto:HMirabile@southmiamifl.gov»
> Subject: RE: The "Of all the Unlucky places you may happen into while doing your research"
weekly list.
>
> Dr. Mirabile:
>
> The commissioner did ask me at the meeting when the first FLUM amendments would be coming
to the Commission. I indicated that the first three would be on the May 1st Commission
agenda. I forwarded the legal notices and property owner mailing list for the three items to
the City Clerk yesterday. The agenda items will be forwarded to you for review once I
complete my Planning Board agenda packet. Thank you.
>
> Chris
>
> Christopher Brimo, AICP
> Planning Director
> City of South Miami
> 6130 Sunset Drive
> South Miami, FL 33143
> Tel: 305-663-6327
> Fax: 305-668-7356
>
> The City of South Miami is a public entity, subject to Chapter 119 of the Florida Statutes
concerning public records. E-mail messages and their attachments are covered under such laws
and thus subject to disilosure. All e-mail sent to and received at this address, is captured
by our servers and kept as a public record.
>
> From: Hector Mirabile
> Sent: Thursday, April 19, 2012 8:21 AM
> To: Brimo, Christopher
> Subject: Fwd: The "Of all the Unlucky places you may happen into while doing your research"
weekly list.
>
> Please coordinate and get the map with plan ammendment as requested.
>
> Sent from my iPhone
>
> Hector Mirabile, PhD
>
> Begin forwarded message:
> From: <bobnoxious928@yahoo.com<mailto:bobnoxious928@yahoo.com»
> Date: April 19, 2012 8:10:22 EDT
> To: Hector Mirabile <HMirabile@southmiamifl.gov<mailto:HMirabile@southmiamifl.gov»
> Subject: Re: The "Of all the Unlucky places you may happen into while doing your research"
weekly list.
> I recollect that we did,I could be confused, but you said that some information would have
to come from Steve Kulick. Is it fair game for me to talk to Chris Brimo when he is in the
Chambers the night of Comission meetings? I asked him about when the Commission gets the map
amendments that were approved nearly two years ago?
>
>
2
> WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
>
> On Apr 19, 2012, at 6:03 AM, Hector Mirabile
<HMirabile@southmiamifl.gov<mailto:HMirabile@southmiamifl.gov» wrote:
>
>
> Sir, No we did not! You wanted to do that and I reminded you that you couldn't. On top of
that where did you get the idea that I abdicated my authority to manage Chris Brimo to you?
>
> You cannot direct staff for any reason. You can communicate with them to obtain available
information after I authorize it but not direct them. Remember this method us to keep all of
the elected officials from getting into possible conflicts or other committing violations.
>
> For best results communicate your requests to me and I will advice staff to provide the
information. If you want to discuss issues or concerns with staff just let me know like the
rest of the commission.
>
> Sincerely,
>
>
> Sent from my iPhone
>
> Hector Mirabile, PhD
>
> On Apr 18, 2012, at 22:22, "bobnoxious928@yahoo.com<mailto:bobnoxious928@yahoo.com>"
<bobnoxious928@yahoo.com<mailto:bobnoxious928@yahoo.com» wrote:
>
> WE AGREED ON THIS LAST NIGHT!
>
> WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
>
> On Apr 18, 2012, at 10:53 AM, Hector Mirabile
<HMirabile@southmiamifl.gov<mailto:HMirabile@southmiamifl.gov» wrote:
>
> Dear Commissioner Welsh,
>
> I would like to pOint out that your email directing Mr. Kulick, the City's purchasing
manager, to perform certain duties is a violation of City Charter Article III, Section 5. to
wit: Powers and Duties: "The City Manager shall be the chief executive officer and head of
the administrative branch of the City government. He or she shall be responsible to the
Commission for the proper administration of all affairs of the City. He or she shall have
the following powers and duties to:
>
> E. Direct and supervise the administration of all departments, officers and agencies of
the City, except as otherwise provided by this Charter or by law."
>
> I also would like to point out that under no circumstances did I tell you that we would
print a list of all businesses that are "off limits" under the Cone of Silence. I actually
told you that once the bids are in that you cannot have any information dealing with the
bids, the respondents, or have. any communications with staff, specially the purchasing
manager (emphasis added), about the RFQ, RFPs, or LOI, or any other matter that is governed
under the purchasing ordinance of Miami Dade County or Federal code (if federal funds are
used).
3
>
> I previously sent you and the
County Code, Article I, Section
subsection (t) Cone of Silence;
prohibition on.
rest of the Commission a scanned copy of the Miami Dade
2-11.1 Conflict of Interest and Code of Ethics Ordinance;
to wit: (a) "Cone of Silence" is hereby defined to mean a
>
> (ii) Any communication regarding a particular RFP, RFQ, or bid between the Mayor, County
Commissioners or their respective staffs and any member of the County's professional staff
including, but not limited to, the County Manager and his or her staff.
>
> Since we follow the Miami Dade County Purchasing guidelines this code is in effect. Thus,
you or any member of the Commission are not authorized to have the information demanded.
>
> Commissioner, your modus operandi appears to be consistent in that you are covertly and
overtly making great efforts to direct staff and conduct business as a city manager. Since
after being informed of your violations you persist in this form of behavior I will continue
reminding you and informing the rest of the Commission of the continuing violations of the
Charter.
>
> Lastly, by directing an employee of the City, of which I have Charter authorized
jurisdiction. to knowingly commit a violation of the Miami Dade "Cone of Silence" is clearly
impairing me from performing my duties and is also a violation of my employment agreement. I
respectfully demand that you seize and desist any further violations of the Charter as it
relates to the Manager's powers and my employment contract.
>
> Sincerely,
>
> Hector Mirabile, Ph.D.
> City Manager
> City of South Miami
> 6130 Sunset Drive, FL 33143-5093
> 305-668-2510
> hmirabile@southmiamifl.gov<mailto:hmirabile@southmiamifl.gov>
>
> -----Original Message-----
> From: bobnoxious928@yahoo.com<mailto:bobnoxious928@yahoo.com>
[mailto:bobnoxious928@yahoo.com]
> Sent: Wednesday, April 18, 2012 9:34 AM
> To: CentralServices
> Cc: Hector Mirabile
> Subject: The "Of all the Unlucky places you may happen into while doing your research"
weekly list.
>
> Dear Mr Kulick (sp) As per my conversation with our C/M, on a weekly basis please print out
a list of all businesses that are off limits due to the cone of silence requirements", so I
can avoid them like the plague. Call me each week when the list is ready for P/U. Thank you
for printing that John Wollard said that my contact with him was "probably innocent." It
was. I specifically remember that identified myself as a commissioner because I apologized to
him for not being dressed like a commissioner. I have always known that I may never identify
myself as a contractor. I instead always tell people how much experience I have in
construction, 30 years. The irony of this whole situation is that the pool sketch of mine
that I brought in (27X 75) that he in our 7 minute conversation said was unworkable is
almost,almost the same size as the concept of the bid winner that we voted last night to hire
(28x75). Go figure? Thank you,Bob Welsh 3056774176
>
4
> WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up'in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
> <winmail.dat>
> <winmail.dat>
5
Hector Mirabile
From:
Sent:
To:
Subject:
Hector Mirabile
Thursday, April 19, 2012 11:53 AM
Bob Welsh, Jr.
RE: Active Purchasing RFP
2
Sir, you will be advice as to the specific project that is advertised for an RFP, as well as
specific periodic approved lifting of the Cone of Silence for specific situations; that is
all. You will not be advised as to specific entities that respond since that would be a
technical violation. You will not be alerted to entities that are off limits for and up to
any period of time as long as the RFP is active that would also be a technical violation.
You will not have a do not contact list approved by anyone since that would tell you who are
the bidders and violate the rule. Regarding your statement that this is not a catch 22, I
don't believe that it is. The simple fact is that the current form of government for the
City of South Miami is a Commission/Manager composition. Staff through my authority fr0m the
Charter is charged with the management of the City and the Commission as a body is charged
with the creation of laws and providing strategic direction. Therefore, you as a commission
are simply not allowed to investigate anything regarding purchasing while a cone of silence
is in effect. In fact you cannot get involved in the purchasing process for that specific
project while there is an active RFPj that is the City manager's purview; until such time as
the cone of silence is lifted.
I will not respond to number 6.
I hope this further clarifies the process.
Sincerely,
Hector Mirabile, ph.D.
City Manager
City of South Miami
6130 Sunset Drive, FL 33143-5093
305-668-2510
hmirabile@southmiamifl.gov
---~-Original Message-----
From: bobnoxious928@yahoo.com [mailto:bobnoxious928@yahoo.com]
Sent: Thursday, April 19, 2012 11:35 AM
To: Hector Mirabile
Subject: Re: Active Purchasing RFP
"as soon as an RFP is active you and all the Commissioners and Mayor will be alerted and that
starts the Cone of Silence"
1) HOW WILL WE BE ALERTED
2) WHAT WILL WE BE ALERTED OF, THAT SOME VAGUE CONE OF SILENCE EXISTS OR WILL WE BE ALERTED
OF ACTUAL ENTITIES THAT WE MAY NOT HAVE CONTACT WITH
3) WILL WE BE ALERTED OF ENTITIES THAT HAVE BEEN OFF LIMITS FOR AND UP TO THE PAST YEAR AND A
HALF?
4) SHOULD THIS "DO NOT CONTACT LIST" BE APPROVED BY THE CITY ATTORNEY SO THAT IF YOU OR STAFF
MAKES A MISTAKE THE ETHICS BOARD WOULD EXONERATE ANY OF US MAKING INNOCENT CONTACT?
5) DO YOU SEE THAT I PERCEIVE THIS AS A CATCH 22?,
6) YOU'RE INITIATING CHARGES AGAINST ME HAS ALL THE RELEVANCE IN THE WORLD BECAUSE YOU AGAIN
WILL BE THE ONE INITIATING CHARGES AGAINST ME IN THE FUTURE FOR POTENTIAL MISTAKES OR LACK OF
ACCURATE AND TIMELY INFORMATION THAT COULD POTENTIALLY COME FROM YOUR STAFF?
As to the Ethics course, do you really think we could completely digest and remember all the
information Mr Centorino told us?
WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
On Apr 19, 2012, at 11:15 AM, Hector Mirabile <HMirabile@southmiamifl.gov> wrote:
> Commissioner,
>
> The issue of my initiating a complaint is irrelevant. The law also does not allow you to
speak to me, staff, or any member of the selection committee about an active RFP. The issue
of a staff member making a mistake and you being held accountable is a good point but it also
transcends to a mistake that I would make; which you would still be held accountable. You
and many of us went through a Ethics course which was quite clear on this issue, so you are
aware of the body of knowledge available to ensure that mistakes are not made. As soon as an
RFP is active you and all Commissioners and Mayor will be alerted and that starts the Cone of
Silence. I sent out an email yesterday with the process detailing the Cone of Silence
requirements, I hope you found that useful.
>
> If you have any further concerns or questions please feel free to contact me.
>
> Sincerely,
>
> Hector Mirabile, Ph.D.
> City Manager
> City of South Miami
> 6130 Sunset Drive, FL 33143-5093
> 305-668-2510
> hmirabile@southmiamifl.gov
>
>
> -----Original Message-----
> From: bobnoxious928@yahoo.com [mailto:bobnoxious928@yahoo.com]
> Sent: Thursday, April 19, 2012 11:02 AM
> To: Hector Mirabile
> Subject: Active Purchasing RFP
>
> Mr CIM, Since it was you who initiated the complaint about my purported interference in an
"Active purchasing RFP" , it seems appropriate that the information about who I may not speak
to about an "active purchasing RFP" should come from YOU and not Mr. Kulick, so incase Mr.
Kulick makes a mistake I will not be held responsible. Thank You.
>
> WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
>
> On Apr 19, 2012, at 9:37 AM, Hector Mirabile <HMirabile@southmiamifl.gov> wrote:
>
»Sir, you have the right to ask questions of staff as long as the questions have nothing
to do with an active purchasing RFP. It is my intent and desire to ensure that all
Commissioners have clarity of our operations and rules.
»
2
» Regarding staff sitting on the front row for the purpose outlined is inappropriate since I
would be using a blocking formation to control the actions of one citizen. I believe the
mayor has the jurisdiction of Chamber control during meetings but not control over staff.
»
» Additionally, the seats are intended for the citizen, we are simply guests. I hope this
clarifies the situation.
»
» Sent from my iPhone
»
» Hector Mirabile, PhD
»
» On Apr 19, 2012, at 8:34, "bobnoxious928@yahoo.com" <bobnoxious928@yahoo.com> wrote:
»
»> May I ask Staff questions while we are in the Chambers?
»> Can you get staff to sit all along the front row so that Sharon will have to sit in the
second row and not distract us on the dais as much?
»>
»> WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
»>
»> On Apr 19, 2012, at 8:18 AM, Hector Mirabile <HMirabile@southmiamifl.gov> wrote:
»>
»» I will submit your request to him.
»»
»» Sent from my iPhone
»»
»» Hector Mirabile, PhD
»»
»» On Apr 19, 2012, at 8:16, "bobnoxious928@yahoo.com" <bobnoxious928@yahoo.com> wrote:
»»
»»> I recollect that we did,I could be confused,but you said that some information would
have to come from Steve Kulick. Is it fair game for me to talk to Chris Brimo when he is in
the Chambers the night of Comission meetings? I asked him about when the Commission gets the
map amendments that were approved nearly two years ago?
»»>
»»>
»»> WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
»»>
»»> On Apr 19, 2012, at 6:03 AM, Hector Mirabile <HMirabile@southmiamifl.gov> wrote:
»»>
»»» Sir, No we did not! You wanted to do that and I reminded you that you couldn't. On
top of that where did you get the idea that I abdicated my authority to manage Chris Brimo to
you?
»»»
»»» You cannot direct staff for any reason.
available information after I authorize it but
keep all of the elected officials from getting
violations.
»»»
You can communicate with them to obtain
not direct them. Remember this method us to
into possible conflicts or other committing
»»» For best results communicate your requests to me and I will advice staff to provide
the information. If you want to discuss issues or concerns with staff just let me know like
the rest of the commission.
»»»
»»» Sincerely,
3
»»»
»»»
»»» Sent from my iPhone
»»»
»»» Hector Mirabile, PhD
»»»
»»» On Apr 18, 2012, at 22:22, "bobnoxious928@yahoo.com" <bobnoxious928@yahoo.com> wrote:
»»»
»»»> WE AGREED ON THIS LAST NIGHT!
»»»>
»»»> WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
»»»>
»»»> On Apr 18, 2012, at 10:53 AM, Hector Mirabile <HMirabile@southmiamifl.gov> wrote:
»»»>
»»»» Dear Commissioner Welsh,
»»»»
»»»» I would like to point out that your email directing Mr. Kulick, the City's
purchasing manager, to perform certain duties is a violation of City Charter Article III,
Section 5. to wit: Powers and Duties: "The City Manager shall be the chief executive
officer and head of the administrative branch of the City government. He or she shall be
responsible to the Commission for the proper administration of all affairs of the City. He
or she shall have the following powers and duties to:
»»»»
»»»» E. Direct and supervise the administration of all departments, officers and
agencies of the City, except as otherwise provided by this Charter or by law."
»»»»
»»»» I also would like to point out that under no circumstances did I tell you that we
would print a list of all businesses that are "off limits" under the Cone of Silence. I
actually told you that once the bids are in that you cannot have any information dealing with
the bids, the respondents, or have any communications with staff, specially the purchasing
manager (emphasis added), about the RFQ, RFPs, or LOI, or any other matter that is governed
under the purchasing ordinance of Miami Dade County or Federal code (if federal funds are
used).
»»»»
»»»» I previously sent you and the rest
Dade County Code, Article I, Section 2-11.1
Ordinance; subsection (t) Cone of Silence;
to mean a prohibition on.
»»»»
of the Commission a scanned copy of the Miami
Conflict of Interest and Code of Ethics
to wit: (a) "Cone of Silence" is hereby defined
»»»» (ii) Any communication regarding a particular RFP, RFQ, or bid between the Mayor,
County Commissioners or their respective staffs and any member of the County's professional
staff including, but not limited to, the County Manager and his or her staff.
»»»»
»»»» Since we follow the Miami Dade County Purchasing guidelines this code is in effect.
Thus, you or any member of the Commission are not authorized to have the information
demanded.
»»»»
»»»» Commissioner, your modus operandi appears to be consistent in that you are covertly
and overtly making great efforts to direct staff and conduct business as a city manager.
Since after being informed of your violations you persist in this form of behavior I will
continue reminding you and informing the rest of the Commission of the continuing violations
of the Charter.
»»»»
»»»» Lastly, by directing an employee of the City, of which I have Charter authorized
jurisdiction, to knowingly commit a violation of the Miami Dade "Cone of Silence" is clearly
4
impairing me from performing my duties and is also a violation of my employment agreement. I
respectfully demand that you seize and desist any further violations of the Charter as it
relates to the Manager's powers and my employment contract.
»»»»
»»»» Sincerely,
»»»»
~»»»> Hector Mirabile) Ph.D.
»»»» City Manager
»»»» City of South Miami
»»»» 6130 Sunset Drive) FL 33143-5093
»»»» 305-668-2510
»»»» hmirabile@southmiamifl.gov
»»»»
»»»» -----Original Message-----
»»»» From: bobnoxious928@yahoo.com [mailto:bobnoxious928@yahoo.com]
»»»» Sent: Wednesday, April 18) 2012 9:34 AM
»»»» To: CentralServices
»»»» Cc: Hector Mirabile
»»»» Subject: The "Of all the Unlucky places you may happen into while doing your
research" weekly list.
»»»»
»»»» Dear Mr Kulick (sp) As per my conversation with our C/M, on a weekly basis please
print out a list of all businesses that are off limits due to the cone of silence
requirements", so I can avoid them like the plague. Call me each week when the list is ready
for P/U. Thank you for printing that John Wollard said that my contact with him was
"probably innocent." It was. I specifically remember that identified myself as a commissioner
because I apologized to him for not being dressed like a commissioner. I have always known
that I may never identify myself as a contractor. I instead always tell people how much
experience I have in construction) 30 years. The irony of this whole situation is that the
pool sketch of mine that I brought in (27X 75) that he in our 7 minute conversation said was
unworkable is almost,almost the same size as the concept of the bid winner that we voted last
night to hire (28x75). Go figure? Thank you)Bob Welsh 3056774176
»»»»
»»»» WARNING: Bob Welsh is for the time being an elected official. All emails with public
9fficials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion) has a serious editing problem!
»»» <winmail.dat>
»» <winmail.dat>
» <winmail.dat>
> <winmail.dat>
5
Hector Mirabile
From:
Sent:
To:
Subject:
Commissioner Welsh,
Hector Mirabile
Tuesday, April 24, 2012 1:02 PM
Bob Welsh, Jr.
RE: Pool $50,000 Operating Expenses Cap-Reso 75-12-13632
Was there a Commission directed requirement to communicate with Mr. Jim O'Connor?
Sincerely,
Hector Mirabile, Ph.D.
City Manager
City of South Miami
6130 Sunset Drive, FL 33143-5093
305-668-2510
hmirabile@southmiamifl.gov
From: bobnoxious928@yahoo.com [mailto:bobnoxious928@yahoo.com]
Sent: Tuesday, April 24, 2012 12:36 PM
To: Hector Mirabile
Cc: Mayor & Comm; Menendez, Maria M.; Korth, Jennifer; Pepe, Thomas F.; Riverol, Alfredo
Subject: Re: Pool $50,000 Operating Expenses Cap-Reso 75-12-13632
3
What did Miami Dade County Pool Administrator Jim O'Connor say was the biggest expense associated with a pool?
WARNING: Bob Welsh is for the time being an elected official. All emails with public officials are public records and could
possibly wind up in Community Newspapers, whose editor, in ~y opinion, has a serious editing problem I
On Apr 24, 2012, at 9:44 AM, Hector Mirabile <HMirabile@southmiamifl.gov>wrote:
Dear Commission,
As we looked into the application of the finalized resolution 75-12-13632 language defining one
of the central constraints of the design, build, and operations of the pool: " ... with the
understanding that the pool shall be designed so that its operating costs shall not exceed fifty
thousand ($50,000) dollars." I requested from the CFO that he conduct an analysis of feasibility
since I believed the language was so restrictive that it presented a future operational constraint
which would be impossible to meet while simultaneously meeting the intent of the grant and the
commission (10 weeks of operations a year). Below please find the analysis and our
recommendation. We will be presenting the Commission with a resolution modifying the
language as such so that the City is a better position to operate the pool within the prescribed
intended parameters.
Sincerely,
Hector Mirabile, Ph.D.
City Manager
City (~r South Miami
1
6130 SlIDset Drive, FL 33143-5093
305-668-2510
hmirabile@southmiamiilgov
From: Riverol, Alfredo
Sent: Monday, April 23, 20126:21 PM
To: Hector Mirabile
Cc: Korth, Jennifer
Subject: Pool $50,000 Operating Expenses Cap
Manager,
As per your request, I have reviewed the language within section 2 of Resolution 75-12-13632.
As I read and understand the section, specifically, " ... with the understanding that the pool shall be
designed so that its operating costs shall not exceed fifty thousand ($50,000) dollars." The City must be
sure the operating costs do not exceed $50,000 (I am assuming annually), irrelevant to the revenues
generated which would offset operating costs.
Below, please find the definition of operating costs as defined by www.investopedia.com :
Definition of 'Operating Cost'
Expenses associated with administering a business on a day to day basis. Operating costs
include both fixed costs and variable costs. Fixed costs, such as overhead, remain the same
regardless of the number of products produced; variable costs, such as materials, can vary
according to how much product is produced. http://www.investopedia.com/terms/o/operating-
cost.asp#axzzlsu09nZOO
Therefore, the definition above is consistent with the General Accepted Accounting Principles
(GAAP) definition of operating expenses.
Furthermore, due to inflation, the $50,000 operating costs cap, which was passed by the Mayor
and Commission via the above mentioned resolution, would reduce the value of the operating
cost annually hence possibly reducing the use of the pool do to the mandated operating cost
cap.
Consequently, it is my recommendation that the resolution be revised to include "net of
revenues" in the resolution language, which would address the above stated issues. As
operating costs increase due to inflation, revenues should increase hence providing the same
value to the operating costs. Furthermore, by adding "net of revenues," the pool could possibly
be in operations longer, as long as revenues continue to cover the operating costs, not to
exceed the $50,000 city funded cap.
Alfredo Riverol, CPA Cr.FA
Chief Financial Officer
Finance Department
City of South Miami
2
6130 Sunset Drive
South Miami, FL 33143
0: 305-663-6343
f: 305-663-6346
ariverol@southmiamifl.&QY
3
Hector Mirabile
From:
Sent:
To:
Hector Mirabile
Friday, April 27, 2012 10:14 PM
Bob Welsh, Jr.
Cc:
Subject:
Newman, Valerie; Stoddard, Philip K (Mail); Joshua Liebman; Harris, Walter
Re: Murray Park Pool -Extension Request
Commissioner, the fact that you asked me to do something does not mean I as the chief
administrator of the City think your request is appropriate. The fact is your request is not
in the best interest of the City at this time. Frankly I think your requests are feeling
~ore and more as directives. I would like to remind you that you as a single Commissioner
cannot direct me. Additionally It is my feeling that you are purposely creating a hostile
work environment for me since I made the complaint against you. I am asking you to stop your
interfering in my managing of the city and attempting to force me to do something which is
against my management prerogative.
Govern yourself accordingly.
Sent from my iPhone
Hector Mirabile, PhD
On Apr 27, 2012, at 21:29, "bobnoxious928@yahoo.com" <bobnoxious928@yahoo.com> wrote:
> Mailing the letter is one part of it. Are you going to lobby for it? I believe at the
Special Commission Meeting on the pool I asked you to get a written opinion from the County
of their definition of "substantial completion". If they do not give us an extension but come
up with a definition that it means 50% complete and not TCO then we will gain some breathing
room and we the Commission will have a better chance of making wiser decisions because we are
not under some kind of gun.
>
> WARNING: Bob Welsh is for the time being an elected official. All emails with public
officials are public records and could possibly wind up in Community Newspapers, whose
editor, in my opinion, has a serious editing problem!
>
> On Apr 27, 2012, at 6:15 PM, Hector Mirabile <HMirabile@southmiamifl.gov> wrote:
>
» Dear Commission,
»
» Attached please find a request for extension letter for the CDBG unified grant which was
sent to MDC for their consideration. As soon as we get a response you will be notified.
»
» Sent from my iPhone
»
» Hector Mirabile, PhD
»
» Begin forwarded message:
»
» From: "Korth, Jennifer"
» <JKorth@southmiamifl.gov<mailto:JKorth@southmiamifl.gov»
» To: "Hector Mirabile"
» <HMirabile@southmiamifl.gov<mailto:HMirabile@southmiamifl.gov»
» Subject: FW: Murray Park Pool -Extension Request
»
» Manager,
1
»
» FYI, I mailed out the attached letter asking the County for a 6-month time extension for
the Murray Park Pool project this morning.
»
» Best,
»
» Jennifer E. Korth
» Grants & Sustainable Initiatives Administrator City Manager's Office
» City of South Miami
» 6130 Sunset Drive
» Miami, FL 33143
» 305-668-2514
»
» From: Korth, Jennifer
» Sent: Friday, April 27, 2012 10:28 AM
»To: 'Goodson, Letitia S. (PHCD),
» Subject: Murray Park Pool -Exte~sion Request
»
» Letitia,
»
» Please see the attached letter. I will put the original in the mail this morning.
»
» Best,
»
» Jennifer E. Korth
» Grants & Sustainable Initiatives Administrator City Manager's Office
» City of South Miami
» 6130 Sunset Drive
» Miami, FL 33143
» 305-668-2514
»
» <winmail.dat>
2
Hector Mirabile
From: Hector Mirabile
Sent:
To:
Tuesday, May 01, 201211:08AM
Mayor & Comm
Cc: Pepe, Thomas F.
Subject: City Manager Concern
Attachments: Fwd: Instructions to the Design Build team; Fwd: Scanned document; Fwd: Murray Park-
Swimming Pool Facilities
Dear members of the Commission and City Attorney,
I am recently informed that a City of South Miami Commissioner is singularly involved in negotiations with Mr.
DiPompeo, Jr. on the subject of materials and methods as well as pricing to the point that he is confused enough that he
submitted this unsolicited notification (see below). He also provided us the attachments for our review. I should point
out that though I thought I received clear direction from the Commission at the last Special Meeting through resolution,
which has yet to be formalized, I am now as confused as Mr. DiPompeo, Jr. as to the directive from the Commission.
My confusion stems from the thought that I was directed by the commission to be the negotiator as to the pool design
and build with DiPompeo Construction, Inc. but unfortunately, since a South Miami elected official took it upon himself
to act as the City's negotiator on the subject of the design and build of the pool as well as providing technical direction in
the area of materials and method, which places the city in a precarious position regarding liability in the pool's
construction; I am advising the Commission and our City Attorney that I cannot properly negotiate, approve, or sign any
contract which I feel was improperly developed. At this point I cannot move forward with any further aspects of the
pool until such time as the Commissioner in question is ordered by the City Commission to follow the City Charter,
Article III, Section 5; for this and all other aspects of the management of the City.
If this deliberate violation of the Charter and my employment contract persists I would be left no alternative but to as
the City to pay for outside council to file an injunctive relief on the City's and my behalf.
Sincerely,
Hector Mirabile, Ph.D.
City Manager
City of South Miami
6130 Sunset Drive, FL 33143-5093
305-668-2S 10
hmirabile@southmiamifl.gov
From: kulick, Steven P
Sent: Tuesday, May 01,20128:15 AM
To: Riverol, Alfredo; Hector Mirabile
Subject: FW:
Fyi, per our discussion, see attached.
From: John DiPompeo [mailto:jdipompeo@dipompeoconstruction.com]
Sent: Monday, April 30, 20125:59 PM
To: kulick, Steven P
Subject:
1
Steve who are we to iisten to and are we suppose to include all these items enclosed?
PS I have a real concern over the C3TS's letter because that was ROC's architect before they changed to Zycovich so I m
not sure why they are being contacted when we all already have our teams set up?
Joltl1 i);Pompeo .Jr.
President
DiPompeo Constructio/l Corp.
23{)J NJV. 33rt! COllrt, Ullit tf/02
Pompano Belich, FL 33069
Phone: (954) 917-5252 x304
Fax: (954) 974-4646
E'l/IlIil: jdipompeo@dipompeoconstruction.com
Website: www.dipompeoconstruction.com
DiPompeo
COllstruc,'tioll Corpomtilm
t J ~trh'';.':1 ltlh/;.fj"nl'! .\/iu('I"< ,-,) ... -,-
Di Pompeo -Partnering to build "Green"
lEEOAP : ,;. ,,;.:.: :;.,,"
2
! ; ~ ," . i "
, .. :.,.';';:, i!.'
Hector Mirabile
From:
Sent:
To:
Bob Welsh, Jr.
Friday, April 27,201210:48 PM
John DiPompeo
Subject: Fwd: Instructions to the Design Build team
These ideas would cost more now but would reduce costs later.'
WARNING: Bob Welsh is for the time being an elected official. All emails with public officials are public
records and could possibly wind up in Community Newspapers, whose editor, in my opinion, has a serious
editing problem!
Begin forwarded message:
From: bobnoxious928(?v,yahoo.com
Date: March 26, 2012 6:26:49 PM EDT
To: bobnoxious928@yahoo.com
Cc: Antoinette Fischer <toinettefsh@gmail.com>, vdover@doverkohl.com
Subject: Fwd: Instructions to the Design Build team
11) That fiberglass batt insulation be used in the attic crawl space instead of blown in insulation.
12) That the ducts of the HVAC system be installed in a manner so as not to impede service
technicians walking in the highest part ofthe roof trusses while, for example running service
cables to photo voltaic roof panels
13) That a product approved continuous ridge vent be employed if possible, and if not,
"galvanized j-vents" be employed to vent the top volume of hot air that accumulates in the top
vo lume of a trussed roof area. Soffit vents under the roof overhang shall have a minimum width
of 6" of un obstructed screen, shall run continuous with the length of the building, and shall be
backed by vermin-proof wire
14) That all drywall be moisture and mold resistant 5/8 thick Type X
15) That cementious waterproof board be fastened to the lX2 Furring strips the first two feet
above the pool deck.
16) That all drywall screws below 48" AFF( above finished floor) be stainless steel and those
above 4S" AFF be triple painted.
17) That all windowsills have a layer of sheet cork 114" thick installed with thin set prior to
installation of tile or marble windowsills.
IS) Poured concrete windowsills shall have a lip below which shall rest the bottom flange of the
aluminum window assembly. The bottom part of the concrete lip shall be sloped to direct water
toward the outside of the building.
19) All wood, trusses,plywood sheathing, framing lumber be pressure treated against decay and
insects and have a chemical retention of .25 lbsl board foot.
20) Two pairs or sets of burglar alarm wire shall be run to each position to be protected by the
burglar alarm, one set to be hooked up and one set to remain as a backup, and both live and
backup wires shall be labeled at the junction box as to which position they are meant to protect
with white electrical tape marked with a permanent marker.
21)No "Romex" NM or UF non-metallic sheathed cable shall be used in this building. All
electrical wires shall be in conduit, and when in metallic conduit an extra ground wire sized in
accordance with the over current device protecting it shall be run in the metallic conduit.
(Chlorine corrodes steel)
1
22) To comply with 64E-9.006(2)(f) for pools with less than 40 bathers pools may utilize two
unisex restrooms with required water closet, diaper change table,a urinal, a lavatory and in one of
those bathrooms add [an ADA approved handicap shower, all fixtures shall be ADA approved
and that one bathroom shall comply with all ADA regulations. In the other unisex bathroom a
shower of approved size shall be added] In the activities room add one half bath with regular
height fixtures and one half bath with shorter height fixtures for young children.
[ I can not figure out ifthe exemption allowing two unisex bathrooms also applies to pools
whose surface area is greater than 2500 sq ft]
23) POOL SIZE AND SHAPE If the requirement of two unisex bathrooms for bathing loads
under 40 people is voided for pools over 2500 square feet design professional should size the
pool to be under 2500 sq ft surface area. As per 64E-9 (1)(C)3 the minimum depth shall be
three feet in shallow area [the center] and four feet in deep areas [the two ends]. All bathrooms
shall be individual bathrooms with doors visible to the lifeguard and all changing rooms shall be
individual changing rooms with doors visible to the lifeguard
24)A face level security camera shall be installed at the main entrance. Abundant use of security
cameras.
25)Entrance fees shall be collected electronically with no mon~y to be handled by City Staff
26) [If the farthest point of the activities room is within 50 ft of the pool edge, how do you
comply with the requirement that no food be within 50 ft of the pool? Shall the be cooking
facilities in the activities room? All appliances shall be positioned on wall hung ledges above the
floor for easy floor cleaning.]
27) All electrical outlets shall be ground fault receptacles and all circuit breakers protecting
them shall be ground fault circuit breakers.
28) Enough 4 ft fluorescent lights shall be installed around the perimeter of the pool so that at
night any part of the pool shall be illuminated to a minimum of 15 foot candles of illumination
as per 64E-9(2)(C)3
29 [Can accordion shutters be installed on the inside of the building and comply with FBC
requirements to protect window openings? Having accordion shutters on the inside of the
building that are locked each night give an extra level of protection against forced entry and will
keep noise out of adjacent neighborhoods in case of a loud party.
30) Exterior door to a fenced picnic area with an outside sink, garbage and recycle bins.
31) Concrete that comes from a local plant (Cemex, Tarmac,or Supermix) may be more
expensive, but with travel times from 15 to 20 minutes depending on traffic, there is a better
chance that the concrete will arrive way before it starts the chemical reaction that causes it to
harden.
32) Can you legally have competition in a shallow pool by starting in the water?
33) If two lifeguards are required to staff the pool on 30 minute staggered shifts, do we have to
start paying the guy on the second shift when the first shift starts and do we have to continue
paying the guy on the 1 st shift when his last shift is up and the guy on the last shift is guarding
UNTILL closing.
34) Can South Miami solicit volunteer 5$/hr lifeguards?
35) Lockers, do we require patrons to bring their own locks, maybe have a contraption to hold
"parked" locks. Have a security camera pointed on lockers. Put big numbers on lockers.
36) What is the requirement for taking showers with soap before entering the pool?
37) Lightning protection
WARNING: Bob Welsh is for the time being an elected official. All emails with public officials
are public records and could possibly wind up in Community Newspapers, whose editor, in my
opinion, has a serious editing problem!
Begin forwarded message:
2
From: bobnoxious928cw,yahoo.com
Date: March 26,20122:50:49 PM EDT
To: "bobnoxious928@yahoo.com" <bobnoxious928@yahoo.com>
Subject: Instructions to the Design Build team
1) the pool to be built will be an indoor, lockable and alarmable pool
2) Roofing material shall have an estimated duration of no less than 30 years
3) The roof structure (trusses and flat cross pieces) shall be designed to anchor
brackets of photo voltaic and solar water collector panels.
4) The roofing system shall be the most leak resistant to all the through roof
penetrations needed to support/anchor the brackets that hold the panels. 24 gauge
steel lasts longer than 26 ga steel
5) The color of the roofing system offer the most reflectivity (polar white)
6) The roofing system shall offer a ridge cap so that pipes and wires going to and
from roof mounted panels pass from the roof to under the ridge cap in a leak
resistant manner.
7) That the windows be easily opened and permit the greatest passage of air
(awning) and be painted white.
8) That the glass panels inside the windows be insulated glass.
9 That the shell of the building not transfer any heat or cold to the pool deck slab
or the fill under the slab, ( ie that the slab be a floating shi.b and there gbe rigid
polystyrene insulation between the stemwall and the fill)
10) That rigid R-6 polyisocyanurate insulation be used to insulate the interior
habitable space from the concrete/concrete block shell of the building, with the
exception of the bottom most 8" closest to the slab which shall be insulated with
R-3 polystyrene insulation.
WARNING: Bob Welsh is for the time being an elected official. All emails with
public officials are public records and could possibly wind up in Community
Newspapers, whose editor, in my opinion, has a serious editing problem!
3
,
.>
::" ",i" ~
"i.J..J
.~
'::V
f:D
Jj
,; I
I · ... u
~c.
L· ,,-,
~ 1 .,
i'~ '. I
"j
)"..1 ,
1'1
,: .. 1
• I
/:, J
-1"
, ~.
•. :L
"
,:',
,>,
,-5 .... h ", ,,' \,
.:'>, ~;~:
.~ '.
/ l
\
\
\ '.
\ \
\. \ .. ~ \
;> ~;; \
\
\
\. ',: ...
~~~
,~ >~~<.v
\ ... ' ~~
··r...: ~;'J
" . "') ;:~:,~,
;')
v' , .
~: :\'-~,'.~
.. ,~ ~
\-i ..
(\ ~ \\
;-\.
r:.,.) t
\--.
.. -.. ~..,..."',. / ...... ", ............... ::>\
/' i I
!
I ;
" .,
!
'''1
i
'rl. r i i \ '1 t· \\\,LI
\ \
\ ,
\ i'
('; ;"\
r;"j
",; 1~
"
" c .. ,-r' .. y--.
.)-
'-'N
! f' .... ... ~ .. -
i
~~f''j
~--D
, ,
f
\~/
{I '.
.... _.~ f'o)
( {,,~ "';1~
I
o
<./1
.f .'
, 'VI
.';",
Hector Mirabile
From:
Sent:
To:
Bob Welsh, Jr.
Friday, April 27, 2012 10:10 PM
John DiPompeo
Subject: Fwd: Murray Park -Swimming Pool Facilities
City of South Miami.pdf; ATT6926060.htm Attachments:
C3TS charged the City 198K for the 8 lane racing pool plans 2 112 years ago. We found out that annual costs
would be 400K +-, so we nixed those plans and started entertaining getting a design and build firm, which would
take input from a pool operator, who subsequently backed out. C3TS offered to redesign the pool for 50K,
which included architecture and engineering, again from Aquadynamics. If you are not under contract with your
architect would you consider asking C3TS if their offer to the City 2 112 years ago could apply to you today.
Somebody could save 87K and it would be nice if it was the City. Please view the attached letter.
WARNING: Bob Welsh is for the time being an elected official. All emails with public officials are public
records and could possibly wind up in Community Newspapers, whose editor, in my opinion, has a serious
editing problem!
Begin forwarded message:
From: "Mercy Guasch" <MercyG@c3ts.com>
Date: April 9, 2012 2:56:50 PM EDT
To: <bobnoxious928@vahoo.com>
Cc: "Eddie Lamas" <ELamas@c3ts.com>, "Javier F Salman" <jsalman@c3ts.com>
Subject: Murray Park -Swimming Pool Facilities
Good afternoon Commissioner Welsh, attached please find letter requested, as per you visit this morning.
Mercy Guasch
Executive i\ssistnl1t -Architecture Depmtment
Corzo Castella Carballo Thompson Salman, P.A.
90 I POLIce de LCOl"l Blvd., Suite 900
('ur;ij C);)iJics, Florida 33134
Voice :305.,j·15.:2()OO ext :U5:)
Email mercyg@c3ts.com
1
Engineers
Architects
Planners
EB0005022
AAC002142
April 9, 2012
City of South Miami City Hall
6130 Sunset Drive
South Miami, FL 33143
Attention: Honorable Commissioner Bob Welsh, Jr.
Reference: Murray Park -Swimming Pool Facilities Project South Miami, FL
Architectural & Engineering -Fee Proposal-Revisions to Complete
Drawings
Dear Commissioner Welsh:
We are pleased to confirm our Architectural I Engineering Design Fee Proposal for the
Murray Park Swimming Pool Facilities project. C3TS has provided the complete
Construction Documents for the Murray Park Pool Facility an9 agrees to submit the
modified drawings and documentation required for the proposed revisions for a fee of
$50,000.00 (Fifty Thousand Dollars) plus reimbursables expenses (as authorized by
owner).
The original proposal letter that was submitted approximately 2 11:2 years ago, was not
located on such short notice.
However I spoke with Mr. Javier Salman, AlA, who is the Principal of Architecture of the
firm and confirmed the firm's commitment to make these revisions for the fee referenced
in this letter.
Mr. Salman will be returning tomorrow afternoon and will be happy to meet with you and
City Staff and go over any questions you might have.
Once again, we thank you and the City of South Miami for the opportunity to continue our
services for this very important project and look forward to achieving all the goals for the
City and its constituents.
Sincerely,
Corzo Castella Carballo Thompson Salman, P.A.
~~ ~ ddie Lamas, AlA
--ssociate Director of Architecture
cc Javier Salman AlA., LEED AP, Principal, C3TS
901 Ponce de leon Boulevard, Suite 900 Coral Gables, Florida 33134 305.445.2900 800.448.0227 Fox 305.445.3366
~.tss,:.P.lD Equal Opportunity Employer