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Home My WebLink AboutItem #57 - Discussion ItemRIJ Jaf ffl-antt- �4�1\ (1}• i�q WALTER J. FOEMAN DONALD H. WARSHAW * City Clerk ,.,,,, ,,,❑ ' City Manager o „ „ �;. ��l'`Cr)„t•�04` September 24, 1999 TO: ALL ATTORNEYS REPRESENTING COMMERCIAL TRASH HAULEI S--N .� If p 'N"' prz ' • ``' r During the City of Miami Commission meeting of September 21, 1999, Commissioner Arthur Teele directed our office to prepare a verbatim transcript of a portion dealing with commercial solid waste haulers. Enclosed herein please find said excerpt. WJF:sl ENC: transcript -.�'�- I : �-- OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 SENT BY:C1TY OF MIAMI 9-24-99 ; 3:03PM PROUREI11Fr1iT NGMT. 930585816104 4/ 5 TRASH'1{AULING SERVICES, IM. AM: AL PENDERGRASS +soli 11oMESTEAD coUAr PERRINE. FL 33151 SRARK WRIL"INGCORP. ATTN, JRSUS RAM09 127 N.W. 11tb AVENUR MIAMI, FL 33128 OTUNSON CORP. ATTN; KUNLC 16602 N. MIAMI AVE. MIAMI, FL 33169 BROWNING-FERRIS IND.OF FLA. INC. AT'PN: MIKE ADAMS 23ou LULLEC1tS "UNUE DAYtE, FL 33317 ENVMONbW,NTAL FROCESSfNG 3YSTFM ATTN: MARIA DE LA PORTIL 420 s. DIM HWY, 371. 8 413 CORAL GABLES, FL 33146 INDUSTRIAL WASTE ATTN: TONY SPADACCIA lU0 N. W. 37 b COURT MIAMI. F1.33142 L JONES lltWK hbllViL%.'9 ATTN: L.EUNZM JOMS $500 N.W. 22AVENUE MIAMI, TL 33147 XINO HAULING ATrN: MAYTE ROCHE 1430 WEST 37th STREET H ALEAH, FL 33012 GOLD COAST 14A1n.INn rNr AM: MELINDA WOSKOW 10000 W. BAY HARBOR DRIVE. #525 BAY HARBOR, FL 33134 1W RNATIONAL SALVAOC. INC:. ATTN: PETER QUARTARARO 4285 S.W. 37TH TEMACB DAV►F. R.A. 73314 SAVON TRASH SERVICR ALIMAC CORP. AM: GREGORY R. DAVIS ATTN- AM 14USSEM 1AAFAR 1602 ALTON ROAD 360 GRECO AVF. , STE. 0203 MIAMI BEACH, FL 33139 CORAL GABLES. Fl 33146 KEMP SERVICES ATLANT13 CONSTRULI'IUN ATTN, JOG ATTN. ARMANDO MARTIN P.O. BOX 471414 2210 N.W. 14 STREET, 3TE, 06 MIAMI, FL 31247 I MIAMI, Fl. 33123 LANGO EQUIPMbN1' SERVILE INC. ABLE WASTE MANAGEMENT ATTN, CAk1608 LCOPEZ ATTN: STANFORD FREEMAN P.O. SOX 2637 j 744Y N.W. 63ld STREET 1IIALBAN. FI, 33012 MIAW FL 33166 C & R WASTE REMOVAL CHAMOSRS WASTE SYRTP.M OF FJ A ATTN: CONNIE PICCINORRA ATTN: JIM ELIAS 13400 DURNFORD DRIVE 4 4400 PGA BLVD. #718 MIAMI, FL 33014 PALM BEACH GARDEN. FL 33410 F.VANS ENVIRONUDWAL, INC, I INDUSTRIAL WAST U EAST INC. ATTN: RLANrA FERNANDEZ I ATTN: GREGORY C. JOHNSON 99 SO[mISAST 30► !tTRmT, 46 FLOM; 16" BLANDING BLVD. N I MLq&, FL 33131 ; JA(.TS0N%ULE, FL. 32210 IKO&AIAIS RECYCLING CORP. MR, DCIMMUU SIMUN AM. DAVID IIARSLEY 1024 W, 79* STREET $000 N.W. 37+h AVID= i HIALE3AH, FL 33014 MLAM, FL 33142 i FIVE STAR SANI i ATION LAZAROS RECYCLING ATTN: NELSON MAILTINPZ AM: DON JOHNSON 33 L5 N. W. 461h 8'1'1tEET 8160 N.W. 93b STREET MIAMI, FL, 33142 i MEDLEY, FL 33166 EPIPERM CRANES INC. AMFRIr.AN WASTE SERVICE ATTN: JACK EPPERSON ATTN. MARK I.ARnrrA 9455 N.W. 70th STREET 2637 !NEST 819 ST'REF3 MIAMI, FL 33166 j HIALEAH. FL 33016 D1XI6 TRANSPORT INC. CUMtALL TRANSPORT AM,: SIEVEN BLATT ATTN: DARYt, MANDERNACH P.O. BOX 370311 ! 6200 N.W. 72nd STpXM, #AS MIAMI, FL 33137 i RRAMI, FL 33166 LAZAROS RECYCLING J9 BU1LUWti AM: RALPN LAZARO ATIN: JOSF. F. RODKIUUkZ 470t N.W. 33 AVENUG 139 N.E. 40 STUBT. #203 MIAMI, PLA. 33142 MIAMI, PLA. 33137 SENT BY,CITY OF MIAMI J CUBAN WASTE SERVICES ATTN, ADRIANA ROMANO 1602 ALTON ROAD MIAMI BRACK FL 33139 n CTEPHENSUN cONSTRUCiION, INC. ATTN: TOW ROR NAnN 7250 N.W.146 ST, IS14 MIAMI LAKES, FLA. 33016 MCO CONSTRUCTION ATTN! ANN MMILL 6600 N.W. 27TH AVE, #202 MIAMI, FLA. 33147 TRASH HAULING SERVICE, INC. 18012 HOMESTEAD COURT YEl',K I bL& 33157 /Q A� U CO. G 3000 BI;3CAYNE (aL 8 �MTA�II, 137 LEADER CORP. 4731 S.W. 73 AVI NB IwIiAMT,171 A. 31145 MILES C. WiNINMI CONSTR. GXUUP ATTN: NMZS C. R2gNIMS 3230 MARY STREET, STE. 303 MIAMI, ILA. 33133 CLEAN-TEC WSTE SERVICES AM: BILL S8itRAN0 8010N,W, S6 STREET MIAMI, FLA. 33166 D ADE RECYCLING 15490 N.W. 97 AVENUE MIAMI, FLA, 33016 SAVACAN RECYCLING 8301 N.W. 27 AVENUE MIAMI, FLA 33147 9-24-99 : 3 : 02PM PROCUREMENT MGMT. -{ 93058581610 4 3/ 5 r j DAVIS SANITATION DE96uC DUMPSTER ATTN: RAMON DAVIS 2911 C W. 9th STREET 950 IVES DAIRY ROAD, STE. T9B j DANIA BEACH, FI. 11004 MIAMI, FL 33179 FASIO'S TRUCKING AND IIAULINO TEMPLE'S HEAVY KAULINU. INC. 2121 N.W. 24TH AvaNUE i ATTN: LES TEMPLE M"4 FLORIDA 154014.W. 74TH STREET i MIAMI. FL& 31147 HOLLYWOOD SCRAP KbCYCLINU i TOBIN CONSIRXnON 3633 PLUNKETi STREET 1767 MICANOPY AVENUE HOLLYWOOD, FLA. 33033 MIAMI, PLA.33133 ROYAL DEMOLITION REMOVAL AVERY GRANT ENVIRC1k'MMTAL 77S N.B. 79TH STRW 2430 N.E.133 SIV.WT MIAK FLORIDA I I MIAMI, FI.& 33181 i rWMfIi.1TT(.AW MASTERS INC. DOZIER & DOZIER CONSTRUCTION 122 MADEIRA AVR. 3920 N.W. 167 SMET CORAL GABLES, FLA. 33134 j MIAM4 FLA. 330154 MCO ENVIRONMENTAL INC. SATURN CONS RUt;11UN & IDRV. 7330 N.W. 7TH MRM- 14 N.E. 1 AVE., M316 MIAMI, PLA. 33126 MIAMI, FT.A. 33132 ylcarv�o LE -BAILER CONSTRUCTION CO. INC. GENERAL HAULING SERVICE ATTN: LEROY BAKER AM BEN BUSH 10410 S.W. 1 x2 S IREET 1440 NX 21 Sr STREET MIA)A FLA. 33117 MIAMI, l:LA. SIMCO RECYCLING j MASTAL RECYCLINO ATTN. BRETT KUELIN 1001 N.W. 36TH AVRNLtE 7309 N.E. IST PLACE MIAMI. FLA. 33147 MIAMI, FLA. 33138 EVERAI,ADES RECYCLINC i RIvm R1:CYCI.INO A4411 W.W. 139 STREET 2610 N.W, 22 AVENUE OPA LOCKA. PI A. i3014 MIAMI, R.A. 33142 SMURI=EPRECYCLING i ARROW RECYCIANO CORP. 3021 S.W. I TERRACE 3333 N,W, N, RIVER DRIVE MIAMI, FLA. 113313 MIAMI, PLA. 33142 J r ar.m1 BY -CITY OF U1AIli1 ; 0-24-99 ; 3:03PM pROCLRMT NGMT,-i g30585816104 511 5 "oB'S RLCYCLINO OLNIYN 18401 S.W. 101 AVIENUB MIAMI, FLA, 33137 KOMEO RECYCI_INO INC. 27IU N.W, 32 AVENUE MIAMI, FLA. 33142 �ncetl- vel&L '1�51 "XI. rT � F PLO , 9_ Jcsannarie K Mauna j\ 1lmrinyl3vwrmrlentnt Service UW N.W. 37 emn • %mra. pkxWs 33142 Ct he 30543& SW Ext. 217 • BMW Ud 954�1 1085 • Pex 309-b.+5 35Q= Smut jeatmntt.muuf bfi.cnm v.wrr.t+fJ.Lwn sn�w.a.wr+4 (�C, S. e, I Y 0 (-1 � - r�7oW rp)cl-4-�% 33D3Crr. IT °flex of PlwatN UvYi{' OW SW '7S Awm" Teti US" flax 21111"1 m PAW l r1i 19ENr11� WA -MP- UW"00N UnEw 0,&0 NW 144 W7I1W� C3pm2789 1dml. Pt �tSAI t i trlt�t8tlgd taste Se Gas as R*I�WL>am�tp atdwhns 20. 0. 40 cubicytef,a cotVsi" Jason Atntley 1906 Ini tWdol Pwk Dtivo Plot City, VL 33366 Tel: (813) 7i9.1679 Fax: (813)719-1002 SINIT BY: C I TY OF N I AN 1 9-24-99 3 41FN FROCLRDIENT NGNT, 93058581610;4 2/ 5 COMMUCIAL HAULING Rro NO.9&".90 JANDRCW HAULING INC. ATTN: MARIA FERNANDEZ 1433 WEST 31 rt STREET HIALEAH, FL 33012 JATLAS WASTE INC. ATTN; WAYWR LONDON U0.150 NW I" STRBIT N. MTAMI, FL 31161 1110 AFI Lh VEMOLMION REMOVAL ATTN: RGBERr SAROZA 3300 NW 31n STRUT MIAMI, FL 33142 J I NVIROMENTAL WAS9TFi AM.- BU 1. ]nHNSON 41M RAVENSWOOD ROAD DNIA, IQL. 33044 INTERAMERICAN WASTE SERVICE ATl'N: B37EBM ASENC,10 9713 N.W. 130 S 1'lt4. l' MIAMI, Fi 33255 MAC PAC WASTE +� ATTN: DAVID MCWILLLAMS 2900N.W. 72nd STREET MIAMI. FL 33147 RAINBOW WASTE ATTN: RAFAEL DIAL "m N.W. 72cd SIRSB'P MIAMI. Fi. 3.1147 J 31MCO UCYCLINO CORP. Ar N. BENNLTT BUCHMAN 7320 N.E. FIlW PLACL' MIAMI, FL 33138 JWASTFrG AM PETER CAUDBWELI, 7001 N,W.36thAVENUE M1AIv>at FL 33141 +� A &, B ROLL -OFF SERVICE, INC. ATTN: WAYNE BITTLES JR. 2095 WEST 76th STREET HIALEAH, l:1, 33016 ! CAPTAIN TRASH V ATTN! DOUG ROSS 3236 N.W. 29th STREET MIAMI, FL 33142 IS F i WASTE SYSTEMS ATTN. CARLOS MANGUAL 3840 NW 37tb COURT ML" FL 33142 ►�AMRRirAv nISPOSAL, INC.. AM: MARK V. LAROCCA 2637 WEST AIR STRRFT IRALL'AH, FL 33016 RCPUBLIC SERVICES INC. AM., ILAROLD CARTER GOVERNMENTAL APPAIRS 751 N.W. 31 AVENUE PT. LAUDEIIDALE, FLA. 33111 4AYSIDE DISPOSAL A'rt'N: ANi'HUNY CILLO P.O. BOX 39648 FT. LAUDERDALE, FL 33339-9649 I 1 ;A10-WDICAL WASTE SERVICE, INC. v9ELTA RECYCLING CORP. ATM: RAFAEL J. ACiUILAR ATM: ANGELO mARZANO IM N.W. 64m STREET i 2075 N. POWERLINE ROAD MIAMI, FL 331U2 POMPANO BEACH, FL 33069 �` BNERAL HAULING ATTN: BARRY BUSH 1440 N.W. 21tt STREET MLAM4 FL 33142 ,J JAA INDUSTRIAL WASTE AnW: THELMA DAVIS 938 N.W. 73M STREET MiAN, FL 33150 . ) ONYX WASTE V ATTN- JOSE LOYNAZ 3225 AVIATION AVF.,41th FLOOR MIAMI. FL 33133 y ROL-AWAY SYSTEM, INC. ATTN., GUL10 PICCINONNA 8160 N.W. 93M STREET M1AMI, FL 33166 J RAPERL&L WASTE �+ ATTN: JOHN LAWSON 3I60N.W, 93M STREET MEDLEY, FL 33166 % LOPFJVJEA CORPORATION i! ATTN: CARLOS C. LOPEZ 2601 S.W. 69th COURT MIAMI, FL 33155 JP.IL WASTE ATTN: PEDRO IIERNANDEZ 3222 N.W. 28th STREET M1AW, FL 33142 i J 5 & 8 NATIONAL WASTE ATTN. AI.M MUNCH j 1060 SKEBS ROAD W.PALM BEACH, FL 33411 UNITED ENVIRONMENTAL WASTE I VICTEC ENVIRONMENTAL Arcr+: MFJUEL CHAVEZ ATTN: JtAFAEL GARCIA-TOLEDO 2010 N.W. 2A AVENUE 4701 N.W. 33tb AVENUE MIAMI, FL 33142 I MIAMI, FL 33142 �wASTi: i SUNItiSc SANITATION NC, MANACIEMENT ATTN: MAME DAVIS ATTN; JOAN SCRIMA N.W. 10� COURT ; 7950 N.W. sa SMUT MIAMI, PL 33127 Mt�AAfii, FL 3316b 04 op CITY OF MIAMI COMMISSION MEETING Date:.16)l- / . C,;I- AgendaltemNo.-O PLEASE PRINT: NAME: Ile, ADDRESS:- 4 57. DISCUSSION CONCERNING THE NON-EXCLUSIVE FRANCHISE AGREEMENT FOR COMMERCIAL SOLID WASTE ACCOUNTS. (SEE SECTION 52) Chairman Plummer: Next agenda. All right. Well, I guess we go do garbage. I wanted to ask a quick question on garbage. Mr. Sanchez, did you, in fact, at any time, take into consideration - Mr. City Attorney, I keep bringing this up. I don't know where we are with Bedminster. Mr. Alejandro Vilarello (City Attorney): We're in litigation. Chairman Plummer: But, I mean, are they completely out? Mr. Vilarello: Pardon me? Chairman Plummer: Is Bedminster completely out of the picture, as far as you're concerned? Mr. Vilarello: At this moment, yes. Chairman Plummer: That's the question I needed answered. All right, we're now talking garbage and Mr. -- who? Who wants to do what? Commissioner Sanchez: Mr. Chairman, if I may? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Just for information, you know, through the whole process of sitting down with 19 out of 20 businesses and coming up with an agreement through many, many hours of negotiations and discussions, we were able to come together with an RFQ (Request for Qualifications) that will bring in or could bring in almost four million dollars ($4,000,000) from the 20 percent fee, and there's some other fees that will probably bring in one point two. That is just about, approximately, five point two million a year. And we were able to also, through the cooperation of these 19 businesses, which opens the door for competition, and there is -- there was some commitment by the companies that all said that they would chip in and provide JJ Tape 6 1 September 21, 1999 services -- free service to the City. That's also an additional. savings of about three hundred and forty-seven thousand dollars ($347,000). So, through these meetings, I think that we were able to accomplish a lot of things. Of course, we did set up a process and, you know, I'm really hurt that, after this -- so much time and effort, not only of myself but all the companies that got together, because they felt that it was right. Nobody has a right to tell somebody that there's only one company that could pick up your trash, and if that company or whichever company may be, come out and say that they're going to save this City a lot of money, then, they have the right. And if it needs to go out on an RFP (Request for Proposal) , then, I think, that, you know, through the process of competition, in all fairness, everybody should go out for the process. But I think that we have come to a point where we have made too much progress to stop and come back and renegotiate everything and start all over from scratch. You know, this is something that the City's counting on for our financial recovery. This is something that the Oversight needs to see, that we are acting in good faith; that we're doing everything we can to be fair with people and to bring in new, fresh recurring dollars. And with this process set forth, we would be able to bring close to five point two million dollars ($5,200,000). So, saying that, I would like the City -- Assistant City Manager to elaborate on some of the other factors that were discussed earlier today. Mr. Raul Martinez (Assistant City Manager): I thank you, Commissioner. Raul Martinez, Assistant City Manager. And, Commissioners, back on July 27, this Commission approved an RFQ for non-exclusive franchise agreement for us to go out with that type of paperwork. Back on August 6, the RFQ was issued with a return date of August 27. Twenty-one companies responded to it. We put together a Selection Committee that evaluated the responses. Nineteen out of the 21 companies were deemed responsive. We're now -- in front of you, we have prepared a package to you that concludes four things. The first is the resolution. Attached to the resolution is a list that lists the 19 companies that were responsive and two companies that were deemed not responsive. 'Therefore, they were disqualified from the RFQ. Attached to it, too, is the RFQ which you JJ Tape 6 2 September 21, 1999 L approved, and also the exclusive -- the non-exclusive franchise agreement that you approved through July 27. We ask the Commission to allow the Manager to go forward and sign this franchise agreement with the 19 companies that were deemed and qualified. Mr. Alejandro Vilarello (City at the -- after you finally 28th. Chairman Plummer: OK. Attorney): That would be adopt the ordinance on the Commissioner Regalado: Question. Chairman Plummer: Mr. Regalado. Commissioner Regalado: I -- first of all, I'd like to commend Commissioner Sanchez. He's been working many hours on this issue, but I really like to complain about the administration because I have never, ever have been briefed on this issue. I don't know if I should have, but I have -- the first thing that I got is this, plus, you know, the back-up material from the other companies. I have never ever received anything. I did receive something on this plan that Republic sent by fax. I just want to know why is it that we weren't kept informed, Mr. Manager? Mr. Martinez: And, Commissioner, I apologize if you feel you weren't briefed. There were several memos prior to us -- prior to the July 27 meeting that brought up the options of franchise versus non -franchise on July -- you know, there was even a workshop, a Commission workshop... Commissioner Regalado: No, I was here. No, I was here. Mr. Martinez: ...that you participated. Commissioner Regalado: But after that, we were not given some -- at least, some information as to which companies had applied. Why 19 companies? I thought that we said that we should set a limit of companies. Ten, maybe. Because you said, personally here in that workshop, that it would be better for the City to handle the paperwork with less amount of companies. I -- my JJ Tape 6 3 September 21, 1999 complaint, Raul, is just that we weren't -- I wasn't informed. I mean, every time that there is something going on in every department, we get a. memo. Not in this case. I don't know why. So, I just want to be that on the record. I have not received information from any company, except from one company. Commissioner Sanchez: If I may add and if you would yield to me, I would appreciate it. Commissioner Regalado, on one or two occasions on a Commission meeting, I gave a brief review of what's going on during the process and the meetings we were having. You know, we have items that are set forth, Commission items, and I believe, twice, I came in front of the Commission or spoke in front of the Commission pertaining to the item, discussing what was the progress. Now, I know that, at the last couple of meetings, we were able to -- we were on a time frame and we had to, basically, put out the resolution, the agreement, and all that stuff and I don't know if you were provided. If anybody owes you an apology, it would probably be me because I am the one that oversaw that committee. Commissioner Regalado: No, no, it's not about you. I mean, I heard your briefing. I was in two of the meetings that you chaired, but I was surprised not to get anything from the administration. That's all. I'm not going to delay the process, but -- so you know. Chairman Plummer: OK. I'm just going to tell you, I'm not ready to vote. So, I'll be very brief. All right. I'm not ready to vote. I have not had the opportunity to sit down with the packet that was furnished to us earlier in the afternoon and make a decision predicated on something I haven't even had the opportunity to read. So, that's where I'm at. I mean, that's up to the rest of you. Commissioner Sanchez: Do you want to say anything on the garbage? Well... Commissioner Teele: Commissioner, when you say you're not ready to vote... Chairman Plummer: That's what I said. JJ Tape 6 4 September 21, 1999 Commissioner Teele: ...I think we all have tried to enforce a really strict rule that, if a Commissioner has not had the time to cast an intelligent vote based upon research and reading, no one should ever impose that upon them within certain restrictions. Do you know -- do you think you would be ready on the 27th or the 28th? Chairman Plummer: On the 28th, without question, sir. Predicated on the material I was handed today, if there are no changes, yes, sir. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: I'm sorry. Mr. Teele has the floor. Commissioner Teele: If that's your wish, I think that's fair. But before we drop the issue, I would like the opportunity, at some point, to ask the City staff management to look at certain items or specific items. I don't have that information ready now, but I really would like to -- before you recess this item. Commissioner Sanchez: Mr. Chairman, I'm... Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I'm going to respect your view on this and, therefore, if we're not going to make a decision, I'll move for a deferral. Chairman Plummer: Continue. Continuance. Commissioner Sanchez: Or continuance. Chairman Plummer: OK. I think that what -- and I appreciate the thank you. What I would like to do is to have, on the record, any questions, even though you might not get your answers this evening, any questions of things that you would want to have as further information from the City administration. Commissioner Regalado: I got a question. Chairman Plummer: OK. Let's get it on the record. You don't have to get an answer now. JJ Tape 6 5 September 21, 1999 Commissioner Regalado: OK. There was a plan presented here that is offering some new revenues to the City. This is an exclusive or half a City project. I would like to know if the administration has idea that your proposal will bring the same or more money - new revenue? Mind you, new revenue. And second, for the City Attorney. If we can write in the contract that no company is allowed to raise the rates for some period of time. I - those are the two questions that I have. Chairman Plummer: OK. Any other questions that we'll have answers for on, hopefully, Saturday. Mr. Martinez: Commissioner, if you want to, I can answer those questions now. Chairman Plummer: All right, answer the questions now. Mr. Martinez: OK. Commissioner Regalado, we have assessed the package that was submitted by Republic through Imperial, and what the RFQ brings to us for - as far as funds. The difference between the two proposals, the RFQ for the non-exclusive franchise -- and we compare it to the Republic/Imperial Citywide, you know, one company does it all. Because the only way you can do it apples to apples is, approximately, we will. bring in -- you know, approximate half a million dollars ($500,000) more under Republic package on a yearly basis.. It has all the other issues that have to do with the sole company in dictating who your service providers are going to be. All the issues that we -- that the Commission discussed when they decided to go to a non-exclusive franchise. On the issue of moving this to the 28th, I would like to caution the Commission on one issue. The permits on which the companies are now operating under expire October lst. Chairman Plummer: They've got three days to give us a check. Now, let me ask you this question. If we were to go to an exclusive hauler in their proposal, which they sent to me, besides the evaluation you've done on the dollars, the one thing that was really appealing to me was, guaranteed, there would be no increase in rates. Now, where are we on the opposite side of that coin, and you can answer that for me Saturday or - you know, if I can be guaranteed that, for eight years, there's no JJ Tape 6 6 September 21, 1999 increase in rates - I'm not saying that's going to sell me, but it was an interesting point. OK? Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Did you wish to speak? Commissioner Sanchez: Yes, sir. Chairman Plummer: Oh. I thought I heard a shadow. Commissioner Sanchez: Mr. Chairman, this is about fairness. This is about competition. This is about what America was built on, all right? If one company says they could give you the money, then, you know, I'm willing to go back to that committee, which everybody is a part of., and afford them the same opportunity. If I'm willing to go back -- and it's to increase -- I'm willing to go back and see if they're willing to increase it, and they will probably... Commissioner Teele: Commissioner? Commissioner Sanchez: ...come up with the money because it's... Commissioner Teele: Commissioner, let me just ask you on one issue. An advisory committee -- Mr. Attorney, I need you to deal with this... Mr. Alejandro Vilarello (City Attorney): Yes, sir. Commissioner Teele: ...and I need you to really don't let my dear friend get in trouble now. An advisory committee, in garbage, is an issue that has tremendous legal implications. What you're discussing now and what you're saying now goes well beyond an advisory committee, and it raises all sorts of issues that the U.S. Justice Department will absolutely come down on everybody on this thing on. Chairman Plummer: Hey, I just asked a question. Commissioner Teele: No, no, no. I want to put... Chairman Plummer: JJ Tape 6 I didn't ask for an answer. 7 September 21, 1999 L Commissioner Teele: I want to put this on the record because, see, I don't want Commissioner Sanchez to get duked by the industry because, what he is saying now, is that he'll go back to an advisory committee and seek to get some consensus from the industry and I think, you know, you're going to have an advisory committee... Commissioner Sanchez: No, no, no, no. Commissioner Teele: ...in which everybody -- that's what you just said. Commissioner Sanchez: No. What I meant is, to make the process fair -- because if you're going to do that, then, you might as well put an RFP (Request for Proposal) out and have everybody go after it and make - you know, make it fair for everybody. Just because one company says they're going to give you half a million dollars ($500,000) more, all right, so they can have complete monopoly, all right, and you -- we're the ones that are going to sit up here and you're going to tell one company that's going to go out there and pick up your garbage. You go knock on the door and say, you know what, ma'am? You're not going to have -- you know, you're not going to have a choice. You're going to use them, no matter what they charge you. Commissioner Teele: I will tell you this, Joe. I respect you but you're dealing with the issue right now that is so far over my head -- and I will assure you that the City Attorney -- because he's not really paying attention and he's dealing with everything else -- is not giving you good, legal advice. But I'm going to tell you this up front. There should be no discussions in that advisory committee about rates and consensus on rates. And if you get every one of these guys' corporate offices to take a transcript of what you just said and I've just said, there will be more lawyers down here in Leer jets giving advice to the Commission and the industry than you'll be able to count. This Commission does not need, at all - we need an advisory committee, but we do not need an advisory committee to have any discussions about rates. And you keep going back to this thing about going to this committee, this advisory committee and getting a consensus on rates. JJ Tape 6 8 September 21, 1999 I'm telling you, Joe, if you don't want to be an elected officer very long, have that discussion with this committee. Because that is rule number one in this industry, as it. relates to the anti-trust provisions of the Justice Department. And that is a very dangerous discussion to have, even though that's one of the exceptions to the industry, where you can come together and discuss governmental issues. But I don't think rates are the kinds of things you want to talk about, as you have put on the record twice now, in an advisory committee. And I would ask the City Attorney - the City Clerk to make a verbatim transcript of the discussion between Commissioner Sanchez and I, and to file it with each of the attorneys of these companies and let's see how many of them are going to be --- want to sit around in a room and talk about setting rates. Chairman Plummer: Sorry I asked the question. Mr. Vilarello: Commissioner? Chairman Plummer: Mr. City Attorney. Mr. Vilarello: It is, however, appropriate for the advisory committee to discuss the issue of -- the subject of how the RFQ (Request for Qualification) was put out and districting. Commissioner Teele: No, I'm not talking about that. I'm talking about what he talked about, as a Chairman of the committee, and he should have a lawyer that's sitting there with him, giving him and this City _good, legal advice. They do not need to talk about rates. And that's what he talked about, developing something that he could back to the committee and discuss the rates and get a fair process, and that's something that should be off the table. Chairman Plummer: This item is now scheduled and the chairman will take the prerogative of setting it on the 28th at 2 p.m., the first item after the break. JJ Tape 6 9 September 21, 1999