HomeMy WebLinkAboutSubmittal-Commissioner Francis Suarez-Letter from Arnstein & LehrARNSTEIN & LEHR LLP
Accomplished lawyers who understand your goals.
June 9, 2016
Via Email
Victoria Mendez, Esq.
City Attorney
Rafael Suarez -Rivas, Esq.
Senior Assistant City Attorney
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
____-.-._. Submitted.into the public
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on City Clerk
zoo E. Las Olas Boulevard - Suite ioog
Fort Lauderdale, Florida 33301
Phone 954713.7600 - Fax 954.713.7700
www.arnstein.com
Gary L. Brown
Board Certified in Construction Law
954.713.7615
glbrown@arnstein.com
Re: Protest of Recommended Award – Request For Proposals No. 12-14-077 – Lease of
City -Owned Waterfront Property for Marina/Restaurant/Ship's Store Uses
("Project")
Dear Ms. Mendez and Mr. Suarez:
As you know, this firm represents Virginia Key SMI, LLC d/b/a Suntex Marinas ("Suntex) in the
above matter. We have received a copy of Mr. Carter McDowell's letter to you dated June 6,
2016 ("McDowell Letter") on behalf of the highest ranked Proposer Virginia Key LLC d/b/a RCI
("RCI").
In a desperate attempt to avoid disqualification of RCI, Mr. McDowell goes to great lengths to
twist and contort the requirements of the RFP — as RCI did — to excuse RCI's unjustified
failure to disclose the environmental disaster RCI was responsible for in Biscayne Bay. His
arguments are without merit, and each will be discussed in turn below.
1. Suntex is Prohibited from Supplementing its Bid Protest.
The real issue — ignored by RCI — is not whether the City's Code permits Suntex to
supplement its Protest with newly discovered information before the DREAM Director. Instead,
the issue is whether the Commission is permitted to consider the information contained in
Suntex's Supplemental Protest (or any other relevant information) in determining whether RCI is
a responsive and responsible bidder and whether it is in the City's best interest to move forward
CHICAGO SPRINGFIELD MILWAUKEE
FORT LAUDERDALE MIAMI TAMPA WEST PALM BEACH BOCA BATON
.Arnstein & Lehr LLP is a member of the International Lawyers Network
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with RCI. In fact, the Commission need look no further than the RFP itself for its authority to
reject RCI's (or any other Proposer's) bid at any time:
VI. Right to Accept/Reject Proposals
The City reserves the right to accept any proposals deemed to be in the best
interest of the City, to waive any non -material irregularities in any proposals, or to
reject any or all proposals and to re -issue a solicitation. Furthermore, until such
time that the City enters into a Lease and the voters approve the Project via
a referendum, the successful Proposer shall not have any vested rights,
leasehold rights or interest in the Property, or in the Project proposed herein.
Moreover, Section 18-104 of the Code only prohibits the "Procurement Director" (here the
DREAM Director) from considering this newly discovered information. Under the well
accepted rule of statutory interpretation known as "inclusio unius est exclusio alterius," that
which includes one thing excludes another. Applying that rule here, because Section 18-104
includes only the Procurement (DREAM) Director, it excludes the Commission. Had the City
intended to include the Commission when it drafted Section 18-104 of the Code, it would have
expressly said so. It did not. Therefore, the Commission is not precluded by the Code from
considering the spill in Biscayne Bay and RCI's intentional concealment of it when it responded
to the RFP. It bears further noting that a Commission meeting is not judicial or quasi-judicial in
nature so the exclusionary rule that RCI proposes does not apply.
In fact, the City Attorney concurs that the Commission can reject all bids at any time, as
reflected by the following exchange at the Commission meeting on May 26, 2016:
COMMISSIONER CAROLLO, But the City Attorney --correct me if I'm wrong,
Madam City Attorney. You said that we could even --and these (sic) was your
words, not mine. You said that this Commission could even decide to throw the
whole thing out.
MS. MENDEZ. Right.
COMMISSIONER CAR OLL0: At this meeting.
MS. MENDEZ, You could decide throw the whole thing out, yes, but not in the
confines of the bid protest. In just a general sense.
[See Pages 86 and 87 of Transcript of Commission Meeting on 5/26/16 (emphasis added)
attached hereto as. Exhibit "A"]
Therefore, the Commission is free to consider the newly discovered information and conclude
that RCI should be disqualified, or throw out all bids, if in the best interests of the City.
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2. Virginia Key correctly answered Question H of the RFP and all other aspects of the
RFP—and is the only proposer to do so.
Under RCI's forced interpretation of Question H, neither Virginia Key LLC (the actual Proposer)
nor its principals, were required to disclose the spill in Biscayne Bay because neither "caused
environmental damage." (see McDowell Letter, p. 3)(bold in original). To support its incredulous
position, RCI asserts that "Virginia Key LLC is a new entity created for the purpose of
responding to the RFP" and that entity did not cause the spill. Following this strained logic, any
Proposer that wanted to avoid disclosure could simply form a new corporate entity, like RCI did,
to respond to the RFP. Clearly, that is not the intent of the RFP, which is why the disclosure
requirement extends to any principals associated with the Proposer (i.e., Robert W. Christoph or
Robert W. Christoph, Jr.). RCI then injects a completely new requirement into the RFP which,
does not exist: that the principals "Personal)) caused damage." (see McDowell Letter, p.
3)(italics in original) Under RCI's distorted reasoning, any Proposer or its principals could avoid
disclosure if one of their employees or others for whom they are responsible "personally caused"
the damage. However, a corporate entity acts through its principals and employees and bears
responsibility for their actions. Here, RCI and Marina Beach Associates, Ltd. ("Marina Beach"),
the company with whom RCI's principals were associated, were legally responsible for the
actions of the contractor they hired to perform non -permitted work in the Bay. The law is clear
that they cannot avoid responsibility merely because the contractor they engaged to perform the
work was the company that actually caused the contamination.1
In Biscayne Roofing Co. v. Palmetto Fairway Condominium Association, Inc., 418 So.2d 1109 (Fla. 3`d
DCA 1982), the plaintiff condominium association sued the defendant developer, the general contractor,
and subcontractor for damages caused by the installation of a defective roof. The court found that the
defendant developer was not independently negligent but was nonetheless vicariously liable for
defendant's subcontractor's negligence, and that the general contractor was vicariously liable to the
developer for that negligence. The court also determined that the general contractor was vicariously liable
to the owner for the subcontractor's negligence. Biscayne, 418 So.2d at 1110; See also Atlantic Coast
Development Corp. v. Napoleon Steel Contractors, Inc., 385 So.2d 676 (Fla. 3`d DCA 1980) (noting that
responsibility, i.e., ultimate liability, for the proper performance of a non -delegable duty may not be
delegated).
Similarly, the Florida Supreme Court, in Younger v. Giller Contracting Co., 196 So. 690 (Fla. 1940),
considered the relationship between a general contractor and its subcontractor. The Court determined that
a general contractor is a statutory employer of all employees engaged in a common enterprise, including
those of a subcontractor. Id The duty of a general contractor to use due care in repairing the premises of
another, insofar as it is applicable to the owner of the premises, is a non -delegable duty which may not be
committed to an independent contractor, and the latter will be deemed to be an employee of the general
contractor for whose failure to use due care in repairing said premises the general contractor will be held
responsible. See also Mills v. Krauss, 114 So.2d 817 (Fla. 2°d DCA 1959)(holding that the general
contractor having undertaken the responsibility to repair the premises of another whether by his own
employees or through an independent contractor or other agents, is under a duty to the owner of the
premises by virtue of a relationship created by the general contract, to see to it that due care is used in
repairing the premises). The court further noted that the contractual responsibility of the general
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Thus, RCI and its principals were legally responsible for the spill. Accepting RCI's distorted reasoning,
the City of Miami Beach (where the spill originated) should have had no liability since it did not
hire the contractor or actually cause the contamination. However, the City of Miami Beach was
held accountable along with everyone else in the chain of contract, as reflected by FDEP's
enforcement action against the City of Miami Beach, RCI, Marina Beach, the contractor and
others. Thus, within the clear meaning of the RFP, RCI and its principals "caused"
environmental damage to city -owned land and were required to disclose it. That RCI and its
principals would engage in such "mental gymnastics" to avoid disclosure when they responded
to the RFP—and now to justify that failure after they were caught—bears directly on their lack
of candor and integrity, which goes to the heart of responsibility under the RFP.Z
3. So what really happened in June 2000? Was there environmental damage or
liability to any city -owned land or improvements? The answer is NO. There was
certainly a very public accidental rupture of the county owned 54" force main, but
the environmental violations were actually quite limited.
RCI (and its counsel who has now inappropriately become a witness in this matter) incredibly
argues that there was no environmental damage to city -owned land or improvements and "the
environmental violations were actually quite limited." At the risk of insulting the Commission's
collective intelligence, RCI and its counsel suggest, unabashedly, that some 25 Million gallons
of raw sewage and human waste released into Biscayne Bay, resulting in some 20 miles of
beaches being shut down caused no environmental damage and was "actually quite limited"!
RCI goes into great detail of what it contends happened in an attempt to deflect from the real
issue, which is its 'intentional concealment in responding to the RFP. How the spill actually
occurred is wholly irrelevant. The RFP makes no distinction regarding disclosure, and RCI and
its principals intentionally failed to disclose their role in the spill and their liability or any other
contractor to the owner cannot be delegated to a third person in such manner as to relieve the general
contractor of liability for a violation of his duty in that behalf. Krauss, 114 So.2d at 820. A contractor is
responsible to the owner for the performance of the contract work, whether done by the contractor's
employees or its subcontractors. Id. See also Mortgage Guarantee Ins. Corp, v. Stewart, 427 So.2d 776
(Fla. Yd DCA 1983) (holding that the law permits a person to hire an employee or an independent
contractor to perform a non -delegable duty but precludes such person from escaping, by that devise,
vicarious responsibility for the proper performance of that non -delegable duty).
2 As set forth in the RFP, a non -responsible Proposer is "one that does not have the capability in any or all
material respects to fully perform the requirements set forth in the proposal or Lease or that does not have
the relevant experience, integrity and reliability which assure good faith performance." See RFP, Section
II.W (emphasis added). The Code similarly provides that a "[r]esponsible bidder, proposer, offeror, or
respondent means a business which has submitted a bid, offer, proposal, quotation or response, which has
the capability, as determined by the city, in all respects to perform fully the contract requirements, and the
integrity and reliability of which give reasonable assurance of good faith and performance." See Section
18-73 (emphasis added). The Code also lists the following factor for determining non -responsibility:
(3) A satisfactory record of integrity;..." See Section 18-95 (emphasis added).
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material liabilities relating thereto, in direct violation of the RFP.3 RCI further attempts to justify
its actions by asserting that the City's lands or improvements were not damaged based on
selective DERM testing. However, even the results RCI relies upon reflect that sampling done on
June 21; 2000 showed "minimal contamination" in adjacent bay waters.
RCI and its principals ignore the clear and unambiguous requirements of the RFP to disclose
their "role in causing any city -owned land or improvements to incur environmental damage (or)
environmental contamination...". "Any" means any no matter how "minimal." If the City
intended to exclude "minimal" contaminations from the disclosure requirements, or not require
disclosure .of "very public" contaminations, it would have said so. It did not. This requirement
could not have been any clearer. It was for the City's Evaluation Committee alone to determine
whether the incident or "minimal contamination" would render RCI non-responsive and/or non -
responsible. Again, the issue is not the extent of the damage caused, which is debatable,' but
RCI's intentional failure to disclose it that automatically disqualifies them from consideration.
4. The pipe break was an unfortunate accident as a result of many mistakes by many
people over a long period of time.
As stated above, RCI incorrectly focuses on the history of the spill and its cause attempting to
shift the focus away from RCI's deliberate deceitfulness in responding to perhaps one of the
most important questions in the entire RFP. Truthfulness in responding to the RFP goes to the
essence of a Proposer's candor and integrity. Given the sensitive environmental issues of the
Project, the fact that Question H relates to the role of a Proposer or its principals in any prior
environmental damage or contamination of city -owned lands or improvements or their liability
or other material liabilities relating thereto, makes RCTs conduct all the more reprehensible.
In light of the foregoing, the Commission is entitled, indeed obligated, to consider RCI's role in
the Biscayne Bay incident and its intentional failure to disclose it in responding to the RFP.
3 Not only was RCI, Marina Beach, and others required to pay FDEP, Miami -Dade County, and the City
of Miami Beach the collective sum of nearly $2.8 Million, but the City of Miami Beach and the Miami
Beach Redevelopment Agency were held accountable by FEDP for the spill.
4 It is respectfully submitted that DERM's findings are inconclusive as to whether the spill caused
environmental damage to waters or lands or improvements within the City of Miami. The sampling was
done in isolated, specific areas, where tidal events and currents could have and likely did carry the
contamination away from the areas tested. Further, with over 20 miles of beaches closed down, and the
nearest City of Miami land (Dodge Island) approximately only 0.4 miles away from the spill site, it is
highly unlikely that City -land and surrounding waters were not contaminated, if only "minimally." In
fact, marine engineering experts engaged by Suntex have opined that the spill did damage shorelines of
both the City of Miami Beach and City of Miami. See Exhibit `B" attached hereto.' Even if the
contamination occurred only in the City of Miami Beach, the RFP's disclosure requirement applies to
damage or contamination to any "city -owned land or improvement." The "City of Miami," as a defined
term in the RFP, is referred to throughout the RFP as "City." Accordingly, the phrase "city -owned" is not
limited to the City of Miami and disclosure by RCI was required.
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Because RCI's conduct demonstrates its lack of integrity and responsibility, RCI should be
disqualified and the Project awarded to Suntex as the next highest Proposer.
Respectfully submitted,
Gary L. Brown
Miguel A. Diaz. de la Portilla
GLB/mt
Enclosures
cc: Daniel Alfonso, City Manager (via email)
Todd Hannon, City Clerk (via email)
Aldo Bustamante, Assistant Director — Real Estate and Asset Management (via email)
Jason Spalding, CBRE (via email)
Daniel Rotenberg, Director, DREAM
Virginia Key SMI, LLC (via email)
The Honorable Tomas Regalado, Mayor
The Honorable Keon Hardemon, Chairman of City Commission
The Honorable Ken Russell, Vice Chairman of City Commission
The Honorable Wilfredo Gort, Commissioner
The Honorable Frank Carollo, Commissioner
The Honorable Francis Suarez, Commissioner
Miriam Ramos, Special Counsel to City of Miami
113279672.1
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Exhibit " A "
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possibly deny the award a t that p o int ,
based an this issue?
COMMISSIONER GORT: Yes.
COMMISSIONER CAROLLO: But that would
be, that's w h y I s a i d, kicking the can
down the road, because that would take --
CHAIRMAN HARDEMON: It's a different
thing it'. like a c a n of milk and a
glass of wine. It s t w o totally different
Is s u e s
COMMISSIONER CAROLLO: I don't see
w h y it Is, because we re s a y i n g, okay, w e
i
cant deal with it now, we have to deal
with it l a t e r.
CHAIRMAN HARDEMON: Beaus. this is a
bid protest, not an award.
COMMISSIONER CAROLLO: But the City
Attorney -- correct me if I'm wrong, Madam
City Attorney. You said that we could
even -- and these w a s your words, n o t
mine. Y o u said that this Commission could
even decide to throw the whole thing out.
MS. MENDEZ: Right.
COMMISSIONER CAROLLO: At this
meet i ng .
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
............ ------------------ C''.
Subiinitted into the public
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MS. MENDEZ: You could decide to
throw the whole thing out, yes, b u t n o t in
the confines of the bid protest. In just
a general sense.
T h e bid protest only has to do with
one person at a time or two people at a
time for now.
COMMISSIONER CAROLLO: But why would
we throw the whole thing out, if we
haven't heard from all t h e issues?
VICE CHAIR RUSSELL: Other reasons,
COMMISSIONER CAROLLO: Other reasons,
which is I guess w h y Commissioner Russell
and myself are trying to obtain.
MS. MENDEZ: Right, but that Is with
regard to the grand schema of things, n o t
based on any one or two bid protests.
You're saying that there are other reasons
or reasons, or this reason, whatever t h e
I
case m a y be, b u t y o u re giving reasons as
to why you think the whole thing should be
thrown out, not In the confines of a bid
protest. I ti s t w o separate things. An d
obviously It s the rejection of all b ids ,
,
not one, unless you re doing a bid
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
Submitted into the public
recur o {s) RE,
on City Clerk
Exhibit " B "
Submitted into the public �^
record r 't (s)
on19City Clerk
:rlgirr c is I plor ers j scientists
May 25, 2016
W David Filler
�untex 1vlaninas
1688 Meridian Ave, Suite `900
Miami Beach, Florida 331.39
RE Miami Beach Marina
June 20, 2000 Sewage, Spill
Dear Mr. Filler:
T.Y. Lin International is a full service infrastructure engineering firm with experience in coastal and
marine engineering. I am an environmental -engineer with 27 years of experience working in South
Florida coastal. envtr. ents,
I have independently reviewed the May 2.5 2016 letter and -supporting documents prepared by Mr.
Ron Schults of Edgewater Resources and concur with his conclusions that the 25 million gallon
discharge of sewage into Biscayne Bay from the Miami Beach Marina .on June 20, 2000 would have
impacted both City of Miami and City of Miami Beach shoreline properties (see report annexed hereto
for ease of reference).
If you have any questions, please contact meat (305) 71,4-4037 ,or conn lienderson"ct ty ln.colli.
- Sincerely,
T. Y. LIN INTERNATIONAL
4
Colin P, Henderson.
Vice President Environmental
201 Alhambra Circle; Suite 900 1 Coral Gables, Florida 33134 1 T 305.567JO$ 9 1 F 305,567.1771 I www tylin.com
,atagewater
resources
May 25„2016
DavidFifler
Suntex Marinas
1,688 Meridian Ave
Suite 900
Miami Beach; FL 33139
RE: Sewage Spill at Miami Beach Marina
June 20„ 2000 Affected Spill Areas
Dear Mr. Filler,
Submitted into the public
recor i (s) U.
on City Clerk
5 I Broad Street Suite 200
St joseph, Michigan 49085
269 932 4502
Edgewater Resoutees lS .a marina enginefirm with worldwide experience in the deslgn and development bf
marinas:..
I aril a licensed Florida Professional Engineer andwidely recognized as a marine industry expert. It is my opinion
that the 25 Million.gallon sewage discharge into Biscayne Bay on June 20, 2000 at Miami Beach Marina
contaminated the surrounding areas in. both the City of Miami and City of Miami Beach.
According to the Warning Letter #>`WL010-0 171 DW 13SED from the Department of Environmental Protection
Attachment 1), "violations of surface water quality standards" were observed within Biscayne Bay Aquatic
Preserve which extends North, West and' South of the spill site into City of Miami submerged land areas.
Therefore the contaminant plu, e that occurred followiog this event could NOT have avoided the are of
-Biscayne Bay, Key Biscayne, Virginia Key or Virginia Key Beach in the City of Miami.
!t Is also interesting to note that while water testing was being completed multiple beach warnings and
shutdowns throe hod ut Miami Dade County covering nearly 20 miles of coastline, includitlg City of Miami beaches;
were issued.. Please refer to the attached documents to support this opinion.
For reference purposes, 25 Million gallons .of untreated sanitary waste would be contained in 2,5001 10,000
gallon, 18 - wheel tactor trailers. If lined:up from end' to end, this would be a line of trucks, 33..1 miles long. This
is an extremely serious and disastrous spill which endangered many properties in both the City of Miami and City
of Miami Beach.
Attachments.
ill; Departtnent of Environmental Protection Warming Letter #WLfS 0171 IOW i 5E0
02: Biscayne Bay Acquatic Preserve and Plume illustration Map
03: Broken Pipe Spewing Raw Sewage into Biscayne Bay in South Florida - CNN World Today
04: Large Miami .Beach Sewage Spill Turns Tourists Into Spectators -1A Times
05: Sewage Spill closes Florida beaches - Miami Herald
06: Sewage Spill Closes Miami=Dade Beaches - Miami Tribune Sun Sentinel
Marinas and Waterfronts Worldwide
Planning D2$rgn-Development
07; Sewage Spill Inquiry V1%ho is Responsible Miami Tribune Sun Sentinel
08: Matson Island Submerged Lands Survey
09: Maps of City Owned Submerged Land
10. Article: Florida beaches contaminated by sewage
Please let me know if rnore fnformatiorz is needed,
Sincerely,
Ronald E Schults, PE
CC: Lindsey Mathus, EIT
Lacee-Starr (Horton)Patterson
Submitted into the public
recor o t (s) _KE,
on City Clerk
���Sti1�llf.�f�t
. L(CN
0
Z;It?A
je3x Bush
Governor
OCT 0
Submitted into the public
on
p..rtment of
Environmental Protection
Saucheas� `pstrict
P.O. Box 15425
West Prim Beach, Florida 3341 b
CERTIFIED MAIL #
WY WARNING LETf1 R
.RETURN RECEIPT REQUESTED' ##WLM0171 DW 13SED
City Clerk
Gavld B. S ruhs
Secretary
Mr. Jorge Gonzales, City Manager
City of Miami Beach
1700 Convention Ce ter Drive
Miami Beach, FL 33119
RE VVarning Letter #W* 100-0171 DW 13SED
Uripermitted construction and unciuthorized discharge of raw sewage into Waters of
the Slate at the City of Miami Beach Marina.
dear sirs;
The purpose of this letter is to advise you of potential violations that may have occurredforWhich
you may be responsible, and to seek your cooperation in .resolving the matter. Several field
inspections were conducted between June 20 and July $, 2004 of the structures riparian to your
y ownership at the Miami Beach Marina, Dade County, Florida. These inspections ndcated that
violations of. Chapters 253,_ 258, 373 and/or 403,, Florida Statutes (F,S.), and the rules promulgated
thereunder, may exist at the above described location. Department personnel observed the
following; all of which have occurred within Biscayne Bay, which is located :Biscayne Bay Aquatic --
Preserve, Class Ill Waters of the State, and is Outstanding Florida Waters:
A Unauthorized construotion at the Miami Beach Marina in two phases resulted in a major
rupture of a W sanitary s-? �l . fomes mainf
B, ldnouthorized construction, In conflict With the terms and conditions of the existing
sovereign, submerged land lease (No. 130765469);
t
Unauthorized discharge of raw .sewage- tato Biscayne Bay Aquatic Preserve and other
Waters of the State; and
D. Vio atlon ,of Surface water quality "standards within Biscayne Bay Aquatic Preserve
and other Waters of the State. a
lX!,
t
OCT L 2 �
"More Protection, Less Process'" NOWASD
Primed on tecytded paper.
City of Miami Beach
Warning -0 171 DW 13 8E1)
g Letter #WL00
Page Two
Chapters 373 and .403,,:F,8., provides that it shall be a violation to fall to comply With any permit
issued by the. Department. The activities observed during the Departments field inspection and
any other activities at your facility that May be contributing to Violations of the above described
statutes or rules should be ceased.
V,tolation cal Florida Statutes or Rules may result in liability for damages and restoration., and the
judicial imposition of civil penalties up to $10,000.00 per violation per day pursuant to Sections
253J)3, 403.141 and 403.161, F.S.
You' are requested to. contam Don Keirn at the letterhead address, electronically at
Don. Keim@jgp.fl-state.tj , or loytelephane (561) 681-6652 or within, fifteen (15) days of, receipt of
this "am, ing Letter to arrange meeting with Department personnel to discuss the issues raised,
The Department is interested in revieVIng. any facts that you may have that will assist in
determining Whether any violations have occurred. You may bring anyone with you to the meeting
that you lFC01 Gould resolve this matter, Please be advised that this Warning Letter is part of an
agency inveeHlgatlon, preliminary to agency action in accordance with Section 120.57(.5}, FS, We
look forward to your cooperation in. completing the investigation and resolution of this matter,
m.
'OD
M e FIssa- E. M&el&r at
Director of District Management
Southeast District
Office of General' Counsel - FDEP, Tallahassee
Cl,. Army Carps of Engineers - WPB
Ed Sierra,Water Facilities -'WPB
Mary Murphy - ERP, -WPB
Donald Keirn - EPP, ANPB
Cary Winston - State Attorney's Office, Miami
Thomas Wheeler- FBEP/DLE,. Miami
John. Ranfrow -Director, DP_RM
Robert Duvall - Assistant Dade County Attorney
William Brant -Director, MDTWA8D
MLMIMCM/dk
Biscayne Bay Aquatic Preserve
Submitted into the public
record f r 't s) ,
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Pinecrest
Miami -De a.
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8
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State Parks
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national Parks Office of Coastal and Aquatic Managed Areas
3900 Commorwealth Rvd,_MS235
National Wildlife Pefuges Tallahassee, FL 32399-3000
850-245-2094
„ .Florida keys National Marine Sanctuary
Aquatic Preserves include all the state-owned
4 a 16 24 submerged lands Within their boundaries. Thi:
Miles map is not intended for use fo.r determination
5tAf= 6 CN N Transcript: World Today: Broken Pipe tpDWng R aw Semge inio Biscayne Say In SoLdh Florida -:June 21,2000
Submitted into the public
record
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World Today
Broken Pipe SpeWing Raw Sewage irito'Siscayne Bay in
South Florida
Aired Jutie 21,2000 -2:16.p.m, ET
THIS IS A RUSH TRANSCRIPT THIS COPY MAY NOT BE IN ITS
FINAL FORM AND MA -'TBE UPDATED,
JOIE G -HEN, CNN ANCHOR-. In South Florida, fishmarkats are deserted
and sv,r =-Aers are steering clear of the beach following a major sewage 111Pi1L
A broken pipe is spewing raw sewage -along several miles of Biscayne Bay.
CNN'; Pat Neal reports how itis affecting to=', -m along Miami' Beach.
(BEGIN VIDEOTAPE)
PAT NEAL, CNN CORRESPONDENT (voice-over): Despltewhistles and
warnings, sonde people still went s Wiranu'ng, in the contaninate d waters off
Mianu Beach.,
Jade Wills and Esa Micallef (ph), here on their first day of vacation, heeded
the warning, but were frustrated.
UNIDENTIFIED FEMALE. -It's really hot. 177r can't get -in the water. We're
on vacation, so we'rea. little disappointed.
NEAL-. Raw sewage natinupts to flow, into Biscayne Bay and the Atlantic
Oce -an. On Tuesclaya contractor working on a inarina accidentally drove -a
piling into the main wast pipeline for Miami Beach and the surrounding
ADRIANNA LAMAIR, MIAM DADE COUNTY kTER AND SEWER:
DEPT 1 The line is under about five feet of cover, so it's a hard line to get to,.
and it'll be a hard repairto make,
NEAL Countywater and sewer officials believe itante fixedby FridayAn
the Meantime, about h -,.df the autgow has been diverted through an pipeline
not used in 30 years. But until the repair is completed, about 13 million
gallons ofraw sewage 'a day will continue to flow into the bay.
(on camera): Authorities :say they couldn't simply shut off the pipeline
be cause raw sewage. would back up through toilets and through manhole
covers, and poi;r out on the streets.
(yolce-over): The ban on svnrnrning and fishing now cover-, more than 20
miles of shoreline, from Sunny Isles through Miami Beach and South all way
to Key Biscaime. That area was expanded After more than 30 million gallons
of sewage went into the bay, and ope-half million more is spilling every 1 6 , y hour.
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Submitted into the public
WW2076 Large Miami Beach Sewage Soil Tums Tourists lydrecord t s) 91,oSpectaWS- latimes on
City Clerk
h- v'ai:l too gilwl .rdde.
Large Miami Beach :Sewage Spill Turns Tourists Into Spectators
Juni 22,.2000 J FromAssociated Press
ML4MrBFACEI,Fla.—The tltlantitCiceanloolsdcrystalclearWednesdav but the beacJhwashnedwithred"Danger"flags andsnAminingwasbannedalong a
2,5-rnile stretchbecause abroken pip,- sp--Wedmore than ofraw sewage into Biscayns Say.
Ona sunny 9.0 -degree day,tourists aaton the Shore, Watching the flat ocean, While many locals headed farther northto avoid contaminated waters Lifeguards
patrolledthe beach to by to keep people froinentering the water..
"Today was the day we picked to spendon'South Heath," grumbled Norma Pryor of Grand Ledge,lt'tiffi„ who tvas visitingher daughter.in Miauli. "It'spretty
disappointing thatwetan tgo in the avater."
"itreallystin1m," said Nick 1letdtk, liar 15 year-old grandson.
Amarine contractor drove a contrete piling through :a 4-inth underwater sewage main Tuesday afternoon, Bynoon Wednesday, tha sewage was partially
reroutedfromthe broken n nto:another line:;
Workers hoped to:seal the broken main and contain tho leak by Friday, said. Barb ara Sanchez, a spok eswoman for Uiainii Dade CountyWater and 9a,"ei.
Inti dng water was notA etted, but Mia=i Beach and tial Harbour residents were asked to 466neAm-water to reduce the flourinto the s4mr system.
Contaminated water could linger after the leAis sealed.
"it's too early to say When: the beaches can he opened," said San;ir Fhnir, adaninistrator of Aliand-Dade County Faivironnnental Health.
o$ Angeles CUSCS Cvp rght),va6 tcsAngel.Dr.. Index byMuf wd I IndekbyDate I PiiragT'dq I TeizusofSetvioe
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W4=6 Sewage spill vlmm Florida beaches
Sewage spill closes Florida beaches
,.it
,merisgunx,pin A.XSENE1 :Ciras ti.
sroms I l'brillation Cootdinatioll.
.C.enter (OWC) : One Thread
Published Wednesday. June, 21, 2000, in the Miallil
Herald
SEWAGE SPILL CLOSES BEACHES
WORKERS HIT UNDERWATER PIPE AT
BEACH MARINA BY GAIL EPSTEIN NIEVES.
CHRIS GAITHE,R AND JUDY ODIERNA
gejrstein(t,iheraldxom
County administrators on Tuesday closed Hailes .of
beaches on Miami Beach and Ked.Biscayne. along
with a huge swkath of Biscayne Bay, after
construction workers accidentally punctured a
nutJor sewcr line. scridim g,millions of gallons of
raw sewage spewin,
g, into the bay.
Recallators advised the public to avoid swimming
fishim) or diving In possibly contaminated waters
fico it 41st Street in N1 ianii Beach -- inchiding, the
Indian Creek waterways -- all the way south to the
tip of Key Bisca� ne. including) Fisher Ishind and
Virginia I�cN.and west to Matheson Hammock
Park.
Beacbes NN -111 not reopen rot at least 49 hours.
County officials Say. Water tests mist be clean for
at least INN o straight days before licalili officials
Ni11 open the. beat I
i-1 lies. Achulmstrators said the
earliest they could expect to stop the leak Avould be
midday today,
It's a imljor spill said Barbara Sanchez,
spokmxvoman for Mianii-Dade's Water and Sewer
Department.
Submitted into the, public
record f (s)
on :I lrd-- City Clerk
[L—oo�&-:S=earch
Emergency divers mvere examining the break Tuesday &vemng, as Miardi-Dade and Mianti
Beach administrators tried to determine the best wky to repair it and stop (lie, spill. Sanchez
said an average of 24 million gallons of sewage flow every day through the line -- <a million
gallons an hour. nearly 17,000 gallons a.minute. The line is the only conduit caning sewage
front Bal Harbor.. Surfside and Miami Beach.
LIMITED DAMAGE
Do.spitebugc flow of sewage, little enviroluriental damage: was. anticipated- The extra
nutrients in the Avater might hurt some coral in the immediate area or cause a boom in
hftP'ItoAv.w,greerr*pun.coM/bbDar.(Uq-atid-a-fetr,h-msg,tcf'.4ntg-I&OD3mgu 314
Submitted into the public
recorVluts-
5124016 Sewage spill closes Florlda beaches on
plankton, but the waste is much more harmful to humans than marine li e,City Clerk
Markley, chief ofthe:Department of Environmental Resources Managetrient' snatural
resources division.
`Fortunately, this kind of thing doesn't cause any acute fish -kill or anything like that," she
said. "It's not like a fitel spill. or sonie other hazardous :spill."
Miami'Beach officials. said engineers were considering bringing in a large underwater clamp
or diverting the flow to an abandoned pipeline at 71st Street. No repairs were expected
before early today, when an emergency contractor was scheduled to sent a team to evaluate
the, break.
AFTERNOON ACCIDENT
The accident occurred about .12:30 p.m. just off the southernmostpier of South Pointe Parr..
Workers for Marin and Marin Construction punctured a 54-n6h:underground sewer main
that carries waste water from South Pointe to the central district wastewater plant on Virginia
Key,. Sanchez said.
Rich Sadler, general manager for Marin and Marin; a marine construction firm, said the
company was hired to sink 42 concrete pilings, each 42 feet long, for the construction of new
boat lifts at the Miami beach Marina..Sadter said he did not know how the accident
occurred, though it appeared construction maps being used on the jab were not complete.
On the construction plans that we had, that the superintendent on the job site had, there was
no indication of any,utility lines," a said.
Sadler could not say who provided the construction plans. Marin and Marin was the
subcontractor, he said, working for Broward-based general contractor Amenlift Technology..
A phone call to Arierilift was not returned.
_ Matthew. Schwartz� Miami Beach assistant pity manager, said it wasn't clear whether Marin_
and Marin "had: the proper permits to do whatever they were doing:" Sadler said his
company is fully "licensed, bonded and insured,';
City Manager Lawrence Levy said establishing blame for what happened would have to
wait ` `VSTe':re not'up to that part of the process. The priority right now is getting this problem
solved."
TIDES'EFFECT
Bruce Henderson, environmental resources director for Miami Beach public works, said
because the tide leas heading out when the spill first occurred, sewage spread toward the
beaches. Around 5 p.m,, when the tide tuned, it brought the se -wage back into the bay, he
said.
Tuesday afternoon found Angel Rodrmguez and his 13 -year-old son at the Miami Beach
Marina cleaning the bottom of a 56 -foot Sea Ray. Rodrmguez said he felt nauseous when he
got out of the water but didn't know why v until 90 minutes later, when he heard about the
spill:
' Thank Clod it was an outgoing tide;", he said. "The water here is bad enough as it is"
httpiAvww:greenspun.com rcVq-an&a-filch-msgtcl?msg icl=OOIMgu 2/4
Submitted into the public
recor Yr4t s)512412016 Sew+agespill closes Florida beaches on City Clerk
The spill made South Pointe Park a smelly place to avoid. No unusual odors were observed
at the South Beach coastline, but the contamination warnings did keep some people away.
Lifeguard Dennis Rutkin, stationed on First Street in Miami Beach, said the shore was not
bustling as usual.
"Everyone left," he said. "It rained some people`s day:"
Some of those who stayed were unhappy that they couldn't :cool off .in the water.
"I feel frustrated;" said Daniel Lara, on vacation from Honduras. "This is our first day here
and Fin upset that we can't spend it in the water."
SAMPLING WATER
While trying to figure out what caused the accident, health arid. environmental administrators
said they would spend the next few days sampling the waters for harmful bacteria.
"People who have been exposed to the sewage should shower thoroughly with soaps paying
special attention to .open cuts,' .Henderson said.
Signs saying, 'Danger. Contaminated Water. Avoid contact," were to be posted late Tuesday
at several Miami Beach locations, including the marina, Lummus Park, the South Pointe
Park pier, Island View park, Purdy Avenue and 18th Street, and all public access points to
Miami Beach along Collins .Avenue `Between 15th and 40th streets.
GOOD TIMIMG't
Also, on the beaches at Virginia Ivey, Crandon Park, Cape Florida, Matheson Hammock Park
and all sides of the Rickenbacker Causeway, including Bear Cut near the Universih, of
Miami.
Hotel operators gong Ocean d and Collins Avenue seemed u neoincerneci y the no -swim
order. June is traditionally aglow month, they said, and most guests will be content with
sunning themselves on the beach or taking a dip in hotel pools, provided the restrictions last
no more than a few days..
"We have informed our hotel guests of a temporary setback;' said Mario Courtney, director
of operations for Goldman Properties, which operates the Park Central Hotel and The Hotel
`These things happen from time to time."
The water and sewer department also urged people living in Bal Harbour, Surfside and
Miami Beach to conserve water -- including toilet flushing and dish washing -- to reduce
flows to the sewer system and help reduce spillage from the broken. pipe.
A massive sewage spill like Tuesday's was feared in the mid-1990s, when the federal
government sued Miami -Dade County, accusing it of letting the sewer system deteriorate to
a dangerous degree. County commissioners agreed to spend more than $1 billion to shore up
theaging pipelines and paid a $2 million fine, the largest ever paid by a local government
under the Clean Water Act.
Herald staff writers Cynthia Corzo and Sara 01kon contributed to this report,
http:/Nvww.greenspon.comib mrdtq-an6a-fetch-ms9.tcl?rnsg &-003Mgu 3f4
5)24=16 Sewege spill closes Florida beaches
http://www,heTald.com/content/today`/`doos/001293.htm
-- Martin Thompson rrith9m 19270,aol.com), June 21, 2000
Answers
Posted at 3A5 p.m.EDT Wednesday, June 21, 2000
Submitted into the public
recor f i4t 7 s) J
on City Clerk
Miami beach ,sewer.line may not be fixed for days BY MADELINE BARO DIAZ Online
News Reporter mbar° herald,corr ACCIDENT SCENE: This pile driver, hanging from the
crane, broke a sewage pipe that leaked raw sewage into Government Cut. Striken by sewage:
A map of the affected area (41KB graphic)
Sewage =spill closes beach
Beaches on: Miami Beach and. Key Biscayne will be offlimits for swimming, fishing and
diving indefinitely..
On Tuesday, miles of beaches were closed after construction workers accidentally punctured
a major seiner Eine, sending millions of gallons of raw sewage .spewing into the bay.
Regulators.advised the public to avoid swimming, fishing or diving in possibly contaminated
waters from 41st Street in Miami Beach -- including the Indian Creek waterways -- south to
the tip of KeyBiscayne, including Fisher Island and Virginia Key, and west to Matheson
Hammock Park. That advisory area was extended to 163rd Street today.
As of this afternoon, the sewage flow had been rerouted to an old 48- inch sewer line in
Miami Beach, said Miami -Dade Water and Sewer Department spokeswoman Barbara
Sanchez.
Complicating matters was the fact that the pipe is five, feet underground and the sewage was
spewing out at high pressure —about 25 million gallons a day roughly a million :gallons an
:haul); Sanchez said.
The next step is to shut off the valve so a contractor can begin repairs; .Sanchez said. It is
unknown how many days repairs will tape; she said. Watertests must be clean for -at least
two consecutive days before' ealth officials will. open the beaches.
The lift,& is the only conduit carrying sewage from Bal Harbour Surfside and Miami Beach.
'http //www h,erald.com/content/today/docs/040049a.htm
-- Martin Thompson (mthoni 19270 aol.com.). June 21, 2000.
Moderation questions? read t e.,A"
W:!Avww.greenspun.com/bboarcVjq-and-a-fetch- m sg.tcl ?m sg_i d= 003Mgu 4/4.
Submitted into the public
5/24Q016 8ewage Spill closes M i6rni,-dale Beaches - triburied.41tal_sprIsentiriel recordjr#g,, _ U, �
or City Clerk
Find. Mora Stories About Mich, iana Water Damage
isiscayge say
Servicemasterclean"Com
t- X
24171365 - 2.:Hour Response Time] We 'Work With All Insurance
Carriers
'There is - not even fishing allowed until we.get the test results," Elmir said.
Susan Markley, spokeswoman'for the county's Department of Environmental Resources Management,
said those results could tome back today.
Based on that and on how fast ittakes; the Water Department to fix the main, officials will decide how
long to keep the ban.
Ilchana Water Damage 10,X
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24/7/365 - 2 Hour Response Timel We Work With All Insurance Carriers
fttpr,itarticies.sun-senfiriel,cornr2000-06-211mmstO2iOocG�1_r.%,-sewage-bwches-biscayrk-t4y 112
Sewage Spill Closes Miami-dade
0
Beaches
21„ 2000 1 By JOBB DANTr= FYARRA HeRRERA Miami Sumac
MIAMI BEACH—,More than 40 blocks of beaches were closed to bathers on Tuesday after tens of
thousands of gallons of raw sewage Spilled into Biscayne Say from a large Sewage pipe at the Miami
Beach Marina.
Marlene Preston, spokeswoman forthe 'Migml;-Dade Water acid Sewer Department, said a=contrsctor
doing work at the marina drove a concrete piling through the 54 -inch water main, pouring sewage into
the bay's waters.
, this s is a potonlially. Serious cpalplication," PrdStbn said, 11 a fairly
"Just because this Is In the water, tft
large line."
Related Articles
The pipe transports about 24 million gallons of raw sewage a day from Bal Harbor, Surfside and Miami
Beach, Preston said. It then carries the Sewage under the bay to a treatment 0orit on Virginia Key.
Paw Sewage Is flushed Into ocean
Wgterand sewer officials are asking the residents ofthose areas to conserve water by Urriffling toilet
Raw: Sewage Overflows Into Fishing Pond
flushes, showers and car washes to ease the pressure on the damaged main.
,p
- "
Officials aren't sure how much sewage spilled into the bay. Preston said officials asked the contractor to
Sewage pumped into Aiver
ieave the piling in place to serve as a cork while,they figure out how to fix the break.
There are no warnings about drinking -water contamination.
Ocean Beacihes Reopen After Spill Raw Sewage $611
Threat in_,
•$tate and county authorities decided to close beaches to swimming and fishing from Cape Florida in
4Au is NM0
key Biscayne to 41 st Street in Miami Beach to prevent health hazards
Mucl y'Future SI6rqi-WgWr RufioffCaft Be A idre
Even though the spill was on the bay side, officials worry that currents could take the contaminated
water up the beaches on the ocean side,
Samir Elmfr, spokesperson for the Florida Department of Health, said water contaminated with raw
sewage Could infect people with .diseases ranging from gastrointestinal to eat infections.,
Find. Mora Stories About Mich, iana Water Damage
isiscayge say
Servicemasterclean"Com
t- X
24171365 - 2.:Hour Response Time] We 'Work With All Insurance
Carriers
'There is - not even fishing allowed until we.get the test results," Elmir said.
Susan Markley, spokeswoman'for the county's Department of Environmental Resources Management,
said those results could tome back today.
Based on that and on how fast ittakes; the Water Department to fix the main, officials will decide how
long to keep the ban.
Ilchana Water Damage 10,X
servicernasterclean,corn
24/7/365 - 2 Hour Response Timel We Work With All Insurance Carriers
fttpr,itarticies.sun-senfiriel,cornr2000-06-211mmstO2iOocG�1_r.%,-sewage-bwches-biscayrk-t4y 112
5J2420116
Submitted
Sewage Spill Closes Nliaml-dacle Beaches - tribunecligital-sunsenOR
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Submitted into the public
5124/2D16 Sewage Spill Inquiry:lNtfo is Responsibly. - iribunedgitat-sunsentinei
record f r 't s P
on City Clerk
Home _..
R�rrarnsnend , _ � x►
Sewage Spill Inquiry: Who is
Responsible?
.time 23 20PO f By JOSE PANTE FARAA HEi RERA and MARGARITA htARTN1 WN-
Hr6ALa0 Miami eueseu and Swig ra5eamhArs Patricia Perker and John Maines
cortintiuted to this.tapnrt
MIAMI BEACH FiviaAays after a construction crew plunged a :piling through. a largepipeline„ causing
a massive sewage spill, counfy officials and the Miami -Dade State Attorney's ����` are trying to
determine'who is to blame antiwheitheritwas more than simple-carelessnesi
iiiianti-Dade Skaiett & Katherine Fernandez Rundle said her agency is looking into the spill to
find out Who is Iiatiie and whetherchargas would be civil or criminal,
"Ifs Aoo earty to know whether ff°s.crimural in nature or whether it's civic," Fernandez Rundle said. "My
office eras been Working with Metro -Dada esti the city of Miami Beach: and nezf weak the city will be
Related Articles forwarding theiro €r;ra_n :tour."
GoastGuard Wnds-lip Sewage Spill Inquiry
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Find More Stories About
Mramf=Dade
'Biscayne Bay
One of the main players.inuolved has had a number of legal problems in Miami -Dade and Britward
counties: ranging from private .business Beals gone awry to problems with construction regulations.
David E. Graham, one of the listed ofimers of Antertl rr Technologies lnc. — the general contractor for
the job at the site of the spill—:has been putting.heads. with govern merit agencies atleast since the
early 1980s. when .he persuaded Dania, Beach to allow him to develop. Harbor Towne Marina He didn't
start developing the marina unfit years later, after the city had fined him S50,000 for delays and
fhreateht cl to take him fo court;
Ha also 'angled with Miami-Dade's Parks and Recreation Department for breaking a lease agreement
when he managed a marina dtthe southern and of the county.. Also;.a Corel Gables than sued him this
year for failing to build a boatlift and forfeiting to pull any permits for the job,
"He is one of the ifidividuais we're looking at," slid Alice Rr bertson, assistant director for Miami Aade`s
Department of Environmental Resources Management. Robertson declined to elaborate because of the
state attorney's inquiry.
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Graham, a former attorney: did not return.a 4c!rt!ji�? messages left at his Fort Lauderdale afFrce Friday
On Tuesday; a ` crew was driving concrete pilings into the bottom of Biscayne Say to build
boatiifts atthe Miami Beach Marina..One of the pilings punctured a 4-f00t-wide pipe carrying sewage
from coastal municipalities to a treatment plant. The •ensuing spill sent as.much as 35 miilion,galions of
raw sewage into Biscayne .Bay, forcing officials to restrict bathing and fishing along most of Miami-
Dane's beaches,
The beaches are expected to remain closed urftil'at least neXtweek. to Broward, water samples have
remained' clean.
Amerilift, the company for which Graham is an officer, Was the general contractor and subcontracted
Henry „t, De Luca, who in turn subcontracted Marie & Marin Construction Inc to put in the pilings.
Before the companies Started driving pilings into the ground, they were supposed to chei* with
Sunshine State One Call of Florida to makesurethere were no utilities underneath them, Robertson
said.
"As I understand it, its the coMractor':sresponsibiiity to check," Robertson said.
One of the things they are trying to define; Robertson said., Is which of the three companies would be
defined as "the contractor" and be responsible for rupturing the massive pipe, (Robertson said the job
was not supposed to start because the contractors had not secured a permit from her agency allowing
them to build in coastal areas, But even if they had,'Robertson said, they had to find out on their own
whether there was a pipe.
Before this incident. Robertson said, her agency and the State. Attorney's Office had investigated
whether companies linked to Graham committed criminal acts in relation to environmental permits.
Those companies had been cited by iDERM several times. Because of the inquiry, Robertson declined
to elaborate on the violations.
http.,Ilarticiessuri-serttinel.com/2WO.Ofr NrL6wslOOD6240109 i miami=dWe-biscayne-bay-sewage-spill-inquiry it3
Submitted into the public
5!2412016 Sewage Spill int#ry: Who Is Responsible?- Gibunediltei-sunsentinel recor f r i (s) t
Offieiais at both the State Attorney's Office and D) RM said.the names ofa City Clerk
throughout the course of the violations; .but they ali had common links. One ofthose links is David
Graham.
In other cases, Graham also has been known to use different corporations names for his business.
Earlier this year, Atennd'er Gonzalez, a Coral Gables resident, suedthres companies where Graham
was an;officer: American Bostfilt Maintenance and Repair, Amerifift Technology Corp, and Atlantic
63stiifis Inc.. .
Gonzalez claimed hemade a $5,700 deposittohave:a boatlift built at his house. But after months of
waiting, he said, the work did not start.
In the suit, Gonzalez accused company officials of using the.'narnes of Amerilift and American Boatlift
interchangeably merely to mislead ... and perpetuate fraud.' He attached fetters written to him with the
stationery ofthetwo companies. The suitwas settled in May.
Staff researchers Patricia Parker and. fiohntVlaines-contribuiedto this report.
Josh -1 Dante Parra Herrera canbe reached atjparra alsun-senfinef.corn or a05-810-5065.
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Legend
Deed NO. 18030
Deed No. 18450
Deed No.. 19447
MDeed 'No.18448•
--- Road Names
Public Land Survey System
Mep depicts parcels platted for; Deeds 18030, 18450'„
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CHAPTER 8305 - (NO. 523).ACT' OF 1919 Submitted into the public
TO GRANT' CER I TAIN WATER RIPARIAN RIG14TS recolfi (s) K,
AND SUBMERGED LANDS. INB . ISCAYNE BAY on M City Clerk
TO CITY OF MAI1vff
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CHAPTER 8305 - (NO. 523) 1919 LEGISLATIVE ACT
T11TF DEED NO. 19447
OVERLAPPING AREAS
Submitted into the!!tLl
record o 't s)
on TCity Clerk
Florida beaches contaminated by sewage.
Unk7Page Citation
Seventeen miles of beaches were expected to remain closed in.Miami-Dade County after more than 25
million gallons of raw sewage spilled into Biscayne Bay after a 64 -inch -diameter underwater sewer tine
was ruptured by a contractor in June.
The line carries discharge from Miami. Beach to a wastewater treatment plant on Virginia Key. It was
punctured by a concrete pile driven into it during construction of boat slips at the Miami Beach Marina.
The 12 -inch square pile left a 14 -inch hole in the pipes,:says Humberto Codispoti, chief engineer for
the Miami -Dade Water and Sewer Department.
The contractor had not obtained an environmental permit to work in coastal Waters, according to Alice
Robertson, assistant director of Environmental Resources Managemment, Evert with the permit, it would be
the firm's responsibiility'to check can :the location of utilities, said Robertson,
'The water -sewer agency hired Lanzo Construction, Miami, to excavate the broken section of concrete
pre -stressed pipe from its burial site 15 :feet .below the bottomof the bay to determine if damage extended
beyond one section. The pipe was cohered with 10 ft of rock and. had to be :exposed on both sides of the
break to reach the joints.
Engineers consulted with pipe manufacturers on the feasibilityof repairing the break using a metal
saddle. ".A. patch has to be engineered properly because the prestressing Was compromised," said
Codispoti.. A section of the pipe .lies under the sea wall, which makes logistics difficult. A breakwater pier
encircles the marina to protect'it from wakes produced by ships using the chanciel'to the Port of Miami.
The City of Miami Beach leases the marina to Miami Beach Marine Associates„ It hired Amerilift
Technology Corp; to install 20 lift slips. Ameritift hired DeLuca as thegeneral contractor. Martin & Martin
Construction, Miami, was hired to drive the piles, saysBob Christoph, president of Mlami Beach Marina
.Associates.
While the pipeline is under repair, sewage is being diverted to an old 36-in.4a outfall that discharges the
waste 2.5 miles off the coast.. The county -health department did open three miles of beach or Key _
Biscayne on June 2£.
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