LTC 052-2006 Complaint from Mayor Mayans of Wichita, KansasMIAMI BEACH
OFF C OF crn'
NO. LTC # 052-2006 LETTER TO COMMISSION
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~
DATE: February 27, 2006
SUBJECT: Complaint from Mayor Mayans of Wichita, Kansas
On January 26, 2006, my office received a copy of an e-mail (attached), forwarded by
Commissioner Bower's office, from the Mayor of Wichita Kansas, Cados Mayans, regarding
a beachfront concession related incident on Lummus Park beach. The Office of Asset
Management contacted Boucher Brothers Miami Beach, LLC management and requested
an investigation and written explanation as to the concerns raised by Mayor Mayans.
Attached please find a copy of the written reponse from Boucher Brother's to the City, as
well as a copy of the response provided by Boucher Brothers directly to Mayor Mayans.
Moreover, the Office of Asset Management also assessed the situation after discussing the
particular details of the incident with Boucher Brother's management team. It was concluded
that there well may have been a misunderstanding between the parties. This
misunderstanding may have occurred as a result, in part, of certain operational policies
which Boucher Brother's have in place, which are designed to safeguard against the transfer
of rented equipment from a duly authorized concession patron to any third party that has not
gone through the concessionaire, so as not to compromise the agreed upon auditing
controls provided in the approved Concession Agreement.
If you have any questions or need further clarification, please let me know.
JMG/~/id
Enclosure
C: Tim Hemstreet, Assistant City Manager
Joe Damien, Asset Manager
F:~DHP~$^LL~ASSE~BEACHFRN\PUBLIC~RFP_2001\BOUCHER\Mayans Boucher LTC.doc
From: Bower, Hatti H.
Sent: Thursday, _lanuary 26, 2006 9:35
To: 'Hayans, Carlos'
Cc: Mejia, Dolores; Gonzalez, ]orge
Subject: RE: Contract with Boucher Brothers
Importance: High
Sensitivity: Private
Dear Honorable Mayor Mayans:
We acknowledge receipt of your email on behalf of Commissioner Bower. We just received it today. We think because of its
"private" nature and some problems with our City servers.
Commissioner Bower has taken note of this incident and will look into it as soon as possible.
With this reply, we are copying our City Manager and our Special Projects Administrator in order for them to assist you.
Please do not hesitate to contact our office if you require anything else and/or you need any further assistance.
Yours very truly,
MIAMIBEACH
Yvonne Welcker Sepulvede
Aide to Commissioner Matti H, Bower
MAYOR & COMMISSION OFFICE
1700 Convention Center Ddve, Miami Beach, FL 33139
Tel: 305-673-7030 Fax: 305-673-7096
email: .vvon neseDulveda @ miamibeachfl.gov
We are committed to providing excellent pub#c service and safety to all who live, work and play in our vibrant, tropical, historic community.
..... Original Message .....
From: Hayans, Carlos [mailto:CMayans@wichita.gov]
Sent: Tuesday, January 03, 2006 3:05 PM
To: Dermer, David
Cc: citimanager@miamibeachfl.gov; Bower, Matti H.; Garcia, Luis
Subject: Contract with Boucher Brothers
Sensitivity: Private
Dear Honorable Mayor David Dermer:
Happy New Year! I was visiting your beautiful City with my family over the Christmas holidays as I have for the past few
years and decided to take the family and our other relatives to the South Beach around 5th street. Our two cousins went
earlier and rented two lounge chairs and when we arrived on the beach about 1 1/2 later, the cousins went to "plug the
parking meter and get some lunch" my sister (who just had knee surgery) and I sat on the chairs and in about ten minutes
were informed that we had to pay for the chairs again "because only the person that rents the chairs are allowed to sit on
them". I thought this was a ridiculous request and explained that they are part of the family and we were not going to pay
again. Well, someone representing himself as "Tommy" the manager for the rental company (also claimed to be the
relative of Jim Boucher) called security on us. They told us that those were their rules and I indicated to them that their
customer are not told this when the chairs are rented and neither are they asked to sign any forms agreeing to have been
notified of this nor to agreeing with this rental rule.
Mayor, this is a very petty issue and I know that you are a busy man just like I am, but it is about the rude treatment of
visitors to Miami Beach. It was also very embarrasing to me and my family and very threatening to the children present. I
believe when contracts discussion with this vendor come again, that the City Manager, staff, and Council should look
closely not only at revenues, but at the impact on the visitors that this behavior has on tourists.
I came to Miami in 1962 as part of the Peter Pan children and was in camp Matecumbe with Sen. Mel Martinez when he
was 16 and I 13. I was relocated to foster homes in Kansas for 5 years until my parents arrived from Cuba. My mother
lives on the beach, and my sister and daugther live in Kendall so we do come to Florida several times a year. I have been
blessed of having served 10 years in the Kansas House of Representatives and now I am on my third year as Mayor of
Wichita, the largest City in Kansas 365,000), and the first Hispanic ever to have been elected Mayor of this City since it
was founded in 1870.
I wish you, your Council and staff the best for 2006 and I am sorry to have bother you with such minor issues.
Carlos Mayans, Mayor
City of Wichita
316-268-4331
RECEIVED
FEB 1 5 2006
February 13, 2006 BY:
Jose Damien, Asset Manager Office of Asset Management
Development Department
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Mayor Carlos Mayans Letter and Chair Transfer Policy
Dear Jose:
We are in receipt of the letter from Mayor Carlos Mayans. On behalf of my brothers, we
regret the misunderstanding. As you are aware this is the first complaint in four and a
half years regarding the behavior of one of our employees. We believe that our employee
training has helped the Boucher Brothers' entities win the coveted American Academy
Five Star Diamond Award of Hospitality Sciences for the last two years. Nevertheless, it
can be challenging at times to explain the necessity of charging for recreational and/or
leisure equipment on a free public beach.
After careful review of the issues surrounding the incident, we have concluded that the
employee and supervisory personnel involved acted in accordance with our existing non-
transfer policy, which was developed in our original negotiation with Assistant City
Manager Cuervo and centered on controls for checks and balances. Transfers are simply
not allowed. Imagine if you will, what it would take to validate a claim that someone
was making to 3,000 pieces of rental equipment. Moreover, what bearing invalid claims
would have on the integrity of revenue reporting. Hence, the determination and adoption
that there is no language in the Concession Agreement regarding transfers.
We understand that the particular circumstances surrounding this matter may have led to
a misunderstanding between thej}a~es, and as such, we will address Mayor Mayans
directly under separate cover,~ii~ will be provided to the City.
garding this matter please do not hesitate to call me.
Should you have any q~s~?
Sincerely,
James Rocco Bot.~Sher
Partner
Suite 265 MiamiBeacl EL 33139 (800) 831-5207 . 0ffice: 305.535.S177 . Fox 305.5%%.%2%%
February 13, 2006
Honorable Carlos Mayans
Mayor
City of Wichita
455 N. Main Street
Wichita, KS 67202
Dear Honorable Mayor Mayans:
On behalf of my brothers, I extend to you an apology for the misunderstanding on
the beach in December, 2005.
The Boucher Brothers have taken pride in customer relations for nearly 20 years.
We service public beaches from Miami Beach to Virginia Beach. We hope that we
can have another opportunity to extend a warm welcome to you and your family. To
that end, I would like to make available to you my cell phone number and invite you
to call me on your next trip to Miami Beach. If we can host you and/or members of
your family, please call me.
I am enclosing my business card. I look forward to meeting you and making your
stay in Miami Beach more enjoyable.
Best regards,
James Rocco Boucher
Partner
Cc: Jose Damien, Asset Manager, City of Miami Beach
Enclosure