2005 0908 Regular City Commission Meeting

Home Browse Search

Summary Minutes: Regular City Commission Meeting September 8, 2005 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 05-06-01 to and Entering into an Agreement with Fence Masters, Inc. in the Total Amount of$161, 165 .00 for Median Fencing Improvements; Authorizing the Mayor to Execute the Agreement Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported and noted that we got approval from FDOT to put low fencing in, the 3-foot cast aluminum picket style as we have done in the wide medians of Collins Avenue, and put some along the narrow medians and those areas are the three areas that we have not planted, one is out front of the cities' old offices at 170th Street, the second is between 178th Street and the Government Center, and the third area by the Ramada. He noted that there was one bidder [Pios and Sons] that came in lower in the numbers who had not cleared up code violations, and the bid package made it clear that if you have any local city violations pending, you cannot be considered for the award. Code Enforcement and Licensing Director Robert Solera gave a history on the case that there were two violations filed on the property. He said that on July 8, 2005 Violation No. 2311 was issued and corrected, paid and closed on July 18,2005. He said the City is working with him on obtaining a permit, and at this point Mr. Ortiz has an outstanding lien on the property of approximately $85,000.00 for the violation that remains uncorrected. Public Speakers: Hector Ortiz Hector Ortiz of Pi os and Sons said that he has a violation for removing bricks from in front of his house, but he is willing to get the permit, he is a licensed contractor, and said that a permit is not required to remove dry bricks from your house when you are applying for a permit to redo your whole house, and knock down 70% of the house. He said he would pay the fine but feels that the City is throwing away money on this bid. Commissioner Iglesias asked for a legal opinion and City Attorney Ottinot said that the bottom line is that the bid specs were prepared by Calvin Giordano & Associates, it outlined the rules of the process, and one ofthe rules is that a company or principal of that company cannot have existing code violations. He said that Pios and Sons, the lowest bidder, principal had existing code violations at the time that City staffwas considering the bid [bid opening on July 6, 2005], and that automatically made them ineligible to participate in the bid process. He said that this Commission has the authority to reject all bids and start the process all over. Commissioner Goodman asked who gave the fine to Mr. Ortiz, and Mr. Solera said that the violation was issued by the Code Enforcement Department originally for $250 per day and it became $85,000 for accumulative penalties after warnings, citations were issued, it went before the Special Master and the Special Master found the defendant to be guilty with the fact that nothing had been done, and the orders were recorded with Miami-Dade County. He said that the Special Master is now offering the 2% and the Department and the City representative is now requesting from the violator 2% of the amount of the lien, and the Special Master will ratify the amount. He said that he has a copy of Pi os and Sons Inc. from 12