HomeMy WebLinkAboutCC 1993-04-15 MinutesAll
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OF MEETING HELD ON APRIL 15, 1993
REGULAR & PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
5.
INDEX
MINUTES OF REGULAR MEETING
April 159 1993
ITEM SUBJECT
NO.
LEGISLATION PAGE
NO.
PROCLAMATIONS AND DISCUSSION
1. PRESENTATIONS,
SPECIAL ITEMS.
EMPLOYEEEOFATHENYEART(1992)ERRY CAMP, 4i15/93
2. DISCUSSION CONCERNING PROPOSED DISCUSSION
RESOLUTION TO CALL A SPECIAL MUNICIPAL 4/15/93
ELECTION TO: (a) LEVY AN ADDITIONAL TWO
MILLS AD VALOREM TAX FOR A TWO-YEAR
PERIOD TO PROVIDE FOR ADDITIONAL POLICE
SERVICES; AND (b) ESTABLISH A HOMEOWNER
ASSOCIATIONS ADVISORY BOARD TO
MANAGER HOW
MONIIEESENTY GENERATED E BY I SAID ADDITIONAL
LEVY SHOULD BE EXPENDED.
3. CONSENT AGENDA -- MR. GONZALEZ-GOENAGA DISCUSSION
PLACES COMMENTS THE RECORD
CONCERNING SPECIFIC ON CONSENT AGENDA 4l15/93
O
ITEMS.
3.1 ACCEPT BID: EXPRESS CONCRETE, INC. -- R 93-221
FO�)ECTITE H SIDEWALK -1032 (C P 341178).
CEMENT 4/15/93
PR (FEMA)
3.2 RATIFY CITY MANAGER'S WAIVER OF RENTAL R 93-222
FEES FOR USE OF PORTION OF ORANGE BOWL 4/15193
STADIUM BY MIAMI MEGA -CITY SPECIAL
SPECIAL
OLYMPICS OPENING PRESENTATION EREMONY - EXECUTE
AGREEMENT.
3.3 ESTABLISH SPECIAL CHARGES, TERMS AND R 93-223
CONDITIONS FOR USE OF ORANGE BOWL 4/15/93
STADIUM BY U.S. SOCCER FEDERATION --
FOR PRESENTATION OF THE WORLD SERIES OF
SOCCER -- EXECUTE AGREEMENT.
1
2-8
B-11
11
11-12
12
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3.4
EXECUTE MEMORANDUM OF AGREEMENT WITH
R 93-224
12
STATE OF FLORIDA AND FEDERAL EMERGENCY
4/16/93
MANAGEMENT AGENCY (PENA) -- FOR PURPOSE
OF SETTING FORTH PARTIES'
RESPONSIBILITIES IN CONNECTION WITH
DEVELOPMENT AND SUPPORT OF A LOCAL
URBAN SEARCH AND RESCUE TASK FORCE
(SPONSORED BY MIAMI FIRE DEPARTMENT).
3.5
EXECUTE MEMORANDUM OF UNDERSTANDING
R 93-225
13
WITH U.S. PUBLIC HEALTH SERVICE -- FOR
4/15/93
PURPOSE OF SETTING FORTH PARTIES'
RESPONSIBILITIES IN CONNECTION WITH
DEVELOPMENT AND SUPPORT OF THE MEDICAL
COMPONENT OF A LOCAL URBAN SEARCH AND
RESCUE TASK FORCE (SPONSORED BY MIAMI
FIRE DEPARTMENT).
3.6
EXECUTE MEMORANDUM OF AGREEMENT WITH
R 93-226
13
CITIES OF CORAL GABLES, HIALEAH, AND
4/15/93
MIAMI BEACH -- FOR PURPOSE OF SETTING
FORTH PARTIES' RESPONSIBILITIES IN
CONNECTION WITH DEVELOPMENT AND SUPPORT
OF A LOCAL URBAN SEARCH AND RESCUE TASK
FORCE (SPONSORED BY MIAMI FIRE
DEPARTMENT).
3.7
EXECUTE AGREEMENT WITH SYLVESTER A.
R 93-227
13-14
LUKIS -- FOR PROFESSIONAL LEGISLATIVE
4/15/93
CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACTS ON THE CITY.
3.8
EXECUTE AGREEMENT WITH JAMES ALLEY --
R 93-228
14
TO PROVIDE CERTIFIED BEHAVIOR ANALYST
4/15/93
SERVICES (AS REQUIRED BY FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES) TO THOSE PERSONS ATTENDING
CITY'S PROGRAMS FOR PERSONS WITH
DISABILITIES.
3.9
ACCEPT PLAT: AMENDED PLAT OF COMSTOCK
R 93-229
14-15
ELEMENTARY SCHOOL.
4/15/93
3.10
ACCEPT PLAT: JETRO CASH AND CARRY
R 93-230
15
SUBDIVISION.
4/15/93
3.11
ACCEPT PLAT: PHYLLIS RUTH MILLER
R 93-231
15
ELEMENTARY SCHOOL.
4/15/93
3.12
ACCEPT DONATION OF A COMPLETE COMPUTER
R 93-232
15-15
PACKAGE AS PART OF THE CHINA EXTERNAL
4/15/93
TRADE_ DEVELOPMENT COUNCIL (CETRA) --
FOR REPUBLIC OF CHINA'S "VERY WELL MADE
IN TAIWAN* INTERNATIONAL CAMPAIGN.
4.
ACCEPT BID: WEATHERTROL MAINTENANCE
R 93-233
16-20
CORPORATION -- FOR FURNISHING AND
4116/93
INSTALLATION OF TWO 15 TON AIR
CONDITIONING UNITS TO MANUEL ARTIME
COMMUNITY CENTER.
5.
ACCEPT BID: VARITYPER, INC. -- FOR
R 93-234
20-22
FURNISHING DESKTOP PUBLISHING EQUIPMENT
4/16/93
ON A LEASE BASIS TO DEPARTMENT OF GSA
AND SOLID WASTE / GRAPHIC
REPRODUCTIONS.
6.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION
23-26
RESOLUTION TO ACCEPT BID OF HAVIS-
4/15/93
SHIELDS EQUIPMENT CORPORATION -- FOR
FURNISHING PRISONER TRANSPORT VAN TO
POLICE DEPARTMENT. (See Zabel 44)
7.
ACCEPT BID: MARTIN'S LAMAR UNIFORMS --
R 93-235
26-28
FOR LEATHER GOODS (ON CONTRACT BASIS)
R 93-235.1
FOR POLICE DEPARTMENT.
4/15/93
8.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
28-29
PROPOSED RESOLUTION TO AUTHORIZE
4/15/93
EQUITABLE LIFE ASSURANCE SOCIETY OF THE
UNITED STATES TO CONSTRUCT AND MAINTAIN
A PEDESTRIAN OVERPASS OVER AND ACROSS
M.E. 15 STREET BETWEEN OMNI METROMIOVER
STATION AND OMNI COMPLEX.
9.
AUTHORIZE PAYMENT OF JUDGMENT: NORMA
R 93-236
29-32
ARCIENIEGAS AND HER ATTORNEY CARLOS E.
4/15/93
CASUSO ($24,586.68).
10.
(A) DISCUSSION CONCERNING NEWSPAPER
DISCUSSION
32-35
ARTICLE WRITTEN BY MR. LAWRENCE KAHN
4/15/93
CONTAINING ALLEGATIONS INVOLVING MR.
MATTHEW SCHWARTZ (DOWNTOWN DEVELOPMENT
AUTHORITY).
(8) DISCUSSION CONCERNING ALLEGED
DISCRIMINATORY PRACTICE FOLLOWED BY
CITY COMMISSION WHEN APPOINTING A
COMMISSIONER TO A CITY BOARD, TRUST,
ETC.
11.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
36-37
SPECIAL REVENUE FUND: DRUG ABUSE
11059
RESISTANCE EDUCATION -- ACCEPT GRANT
4/16/93
($44,942) FROM METROPOLITAN DADE
COUNTY.
12.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
37-40
SPECIAL REVENUE FUND: SOLID WASTE
11060
-
REDUCTION: RECYCLING AND EDUCATION (FY
4/15/93
'93) -- APPROPRIATE $4919033 CONSISTING
OF A RECYCLING PROGRAM GRANT FROM STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
REGULATION.
-
13.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
40-42
SPECIAL REVENUE FUND: SUMMER FOOD
11061
SERVICE PROGRAM FOR CHILDREN 1993 --
4/15/93
APPROPRIATE $297,108 CONSISTING OF A
-
GRANT FROM THE U.S. DEPARTMENT OF
AGRICULTURE THROUGH FLORIDA DEPARTMENT
_
OF EDUCATION.
14.
AUTHORIZE METROPOLITAN DADE COUNTY, ON
R 93-237
42-43
BEHALF OF THE CITY, TO ADVERTISE FOR,
4/15/93
EVALUATE AND ACCEPT BIDS TO PROVIDE
i
U.S. DEPARTMENT OF AGRICULTURE (USDA)
f
APPROVED MEALS TO ELIGIBLE CHILDREN FOR
THE CITY'S SUMMER FOOD SERVICE
PROGRAM - 1993 -- AUTHORIZE NECESSARY
CONTRACTS SUBJECT TO CITY'S ACCEPTANCE
OF A GRANT ($297,108) FROM USDA THROUGH
FLORIDA DEPARTMENT OF EDUCATION.
15.
(A) DISCUSS AND DEFER PROPOSED
DISCUSSION
44-50
EMERGENCY ORDINANCE TO AMEND CODE
4/15/93
CHAPTER 39, ARTICLE II (SIDEWALK AND
STREET VENDORS) -- TO ESTABLISH LOTTERY
AND COMPETITIVE BIDDING PROCEDURES FOR
ASSIGNMENT OF VENDORS' SPECIFIC VENDING
ZONES IN COCONUT GROVE SPECIAL VENDING
{
DISTRICT.
(B) BRIEF COMMENTS CONCERNING MEASURES
INSTITUTED ENSURING NEW CITY EMPLOYEES
WILL REMAIN LIVING IN CITY.
(C) DISCUSSION CONCERNING PROPOSED
FOREIGN TRADE ZONE AND THE WYNWOOD
ECONOMIC DEVELOPMENT CORPORATION.
(D) DIRECT ADMINISTRATION TO ESTABLISH
A FEE SCHEDULE BY WHICH THE CITY CAN
INSTITUTE USAGE FEES FOR USE OF CITY
STREETS AND RIGHTS -OF -WAY AREAS.
16. (A) DISCUSS AND DEFER PROPOSED FIRST
READING ORDINANCE TO AMEND CODE SECTION
2-76 AND 2-76 SETTING FEES FOR ZONING
CERTIFICATES OF USE AND FOR INSPECTIONS
AND EXAMINATIONS OF PLANS TO COMPLY
WITH ORDINANCE 11000 AND TO AMEND
ORDINANCE 11028 (FLOOD DAMAGE
PREVENTION ORDINANCE BY ADDING NEW
SECTION TO ADD / DEFINE FEES FOR
APPLICATIONS FOR WAIVER / VARIANCES.
[Note: This action was immediately
thereafter reconsidered and ultimately
passed and adopted.]
(B) RECONSIDER ACTION TAKEN TO DEFER
AGENDA ITEM 7.
(C) FIRST READING ORDINANCE: AMEND CODE
SECTIONS 2-75 AND 2-76, SETTING FEES
FOR ZONING CERTIFICATES OF USE AND FOR
INSPECTIONS / EXAMINATIONS OF PLANS TO
COMPLY WITH ORDINANCE 11000 -- AMEND
ORDINANCE 11028 (FLOOD DAMAGE
PREVENTION ORDINANCE) BY ADDING NEW
SECTION TO ADD / DEFINE REQUIRED FEES
FOR APPLICATIONS FOR WAIVERS /
VARIANCES.
17. FIRST READING ORDINANCE: AMEND
ORDINANCE 6145, WHICH ESTABLISHED FEES
FOR BUILDING, PLUMBING, ELECTRICAL,
MECHANICAL (INCLUDING BOILER AND
ELEVATOR) INSPECTION, PERMIT AND
CERTIFICATE FEES -- ADD / INCREASE /
REDEFINE REQUIRED FEES TO COVER
INCREASE COST FOR ENFORCEMENT OF SOUTH
FLORIDA BUILDING CODE.
IB. DISCUSS AND DEFER CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO
ESTABLISH NEW SPECIAL REVENUE FUND:
CITY OF MIAMI SUPPLEMENTAL TUITION
REIMBURSEMENT FUND (FY 1939 194 AND
195) TO AUTHORIZE MANAGER TO ACCEPT
DONATIONS RESULTING FROM FUND-RAISING
EFFORTS OF THE CITYWIDE EDUCATION
COMMITTEE.
t
ca� a u
S
M 93-238 61-69
ORDINANCE
FIRST READING
4/15/93
ORDINANCE 60
FIRST READING
4/15/93
DISCUSSION 61-67
4/15/93
— 19.
THIRDEXECUTE
YEO LEASE
R
GS�B� -
AGREEMENT WITH BAYSIDE CENTERLIMITEDg
4/15/93
PARTNERSHIP CONCERNING BAYSIDE
SPECIALTY CENTER PARKING GARAGE -- TO
FORMALIZE CHANGES TO CERTAIN
REQUIREMENTS RELATING TO OWNERSHIP OF
_
_
PARTNERSHIP INTERESTS.
20.
EXECUTE THIRD AMENDMENT TO AMENDED AND
R 93-240
82-83
-
RESTATED LEASE AGREEMENT WITH THE
4/15/93
BAYSIDE CENTER LIMITED PARTNERSHIP FOR
_
_
BAYSIDE SPECIALTY CENTER RETAIL
_
PARCEL -- TO FORMALIZE CHANGES TO
—
CERTAIN REQUIREMENTS RELATING TO
OWNERSHIP OF PARTNERSHIP INTERESTS.
21.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
84-89 I =_
PROPOSED RESOLUTION TO AUTHORIZE
4/15/93
_-
PAYMENT OF $300,000 AS THE CITY'S
=
CURRENT YEAR'S CONTRIBUTION TO JACKSON
MEMORIAL FOUNDATION IN SUPPORT OF THE
TRAUMA CENTER.
I
—� 22.
EXECUTE AGREEMENT WITH THE DOWNTOWN
R 93-241
89-93 —
MIAMI BUSINESS ASSOCIATION ($86,800) --
4/15/93
TO ASSIST IN IMPLEMENTATION AND
COORDINATION OF A COMMERCIAL FACADE
TREATMENT PROGRAM WITH BUSINESSES AND
_
—�
PROPERTY OWNERS WITHIN DOWNTOWN AREA.
i
=j 23.
EXECUTE AGREEMENT WITH BERMELLO AJAMIL
R 93-242
93-104 —
AND PARTNERS, INC. -- TO PROVIDE
4/15/93
PROFESSIONAL ARCHITECTURAL,
1
ENGINEERING, AND CINEMA DESIGN /
=
OPERATION / MANAGEMENT CONSULTING
SERVICES FOR THE DESIGN I PREPARATION
OF CONSTRUCTION DOCUMENTS AND
CONSTRUCTION / ADMINISTRATION OF THE
TOWER THEATER RENOVATION (1508 S.W. 8
-i
STREET) -- ALLOCATE FUNDS FROM CIP
321038: LATIN QUARTER SPECIALTY CENTER.
— ; 24.
EXECUTE AGREEMENT WITH TRANSATLANTIC
R 93-243
105-106
BANK TO ESTABLISH A SPECIAL DEPOSITORY
4/15/93
BANK ACCOUNT.
25. (A) RATIFY CITY MANAGER`S ACTION IN R 93-244 107-121
AWARDING BID TO OPTIMISTIC R 93-245
CONSTRUCTION -- FOR REMOVAL OF 4/16/93
HURRICANE DEBRIS STORED AT BOBBY MADURO
MIAMI BASEBALL STADIUM ALLOCATE
FUNDS FROM FEMA.
(B) RATIFY CITY MANAGER'S ACTION IN
AWARDING BID TO S.A.M. ENTERPRISES --
FOR REMOVAL OF HURRICANE DEBRIS FROM
DESIGNATED RIGHTS -OF -WAY AREAS IN THE
CITY.
26. EXPRESS SYMPATHY AND CONDOLENCES TO R 93-246 121-122
FAMILY AND FRIENDS OF WILLIAM M. 4/15/93
WOLFARTH, A FORMER CITY OF MIAMI MAYOR.
27. APPROVE CHIEF PROCUREMENT OFFICER'S R 93-247 123-131
DECISION TO REJECT PROTEST OF MIAMI 4/15/93
WASTE PARTNERS IN CONNECTION WITH RFP
91-92-1029 WHICH SOLICITED FOR A FIRM
TO DESIGN, CONSTRUCT, ACCEPTANCE TEST,
FINANCE, OWN / OPERATE A SOLID WASTE
PROCESSING FACILITY.
28. APPROVE CHIEF PROCUREMENT OFFICER'S R 93-248 131-147
DECISION TO REJECT PROTEST OF SOUTHERN 4/15/93
RECYCLING SYSTEMS, INC. IN CONNECTION
WITH RFP 91-92-102, WHICH SOLICITED FOR
A FIRM TO DESIGN, CONSTRUCT, ACCEPTANCE
TEST, FINANCE, OWN / OPERATE A SOLID
WASTE PROCESSING FACILITY.
29. APPROVE CHIEF PROCUREMENT OFFICER'S R 93-249 147-161
DECISION TO REJECT PROTEST OF ECOLOGY 4/15/93
CONCEPTS, INC. IN CONNECTION WITH RFP
91-92-102, WHICH SOLICITED FOR A FIRM
TO DESIGN, CONSTRUCT, ACCEPTANCE TEST,
FINANCE, OWN / OPERATE A SOLID WASTE
PROCESSING FACILITY.
30. APPROVE FINDINGS OF THE EVALUATION R 93-250 161-230
COMMITTEE AS TO THE MOST QUALIFIED 4/15/93
FIRMS IN CONNECTION WITH DESIGN /
CONSTRUCTION / ACCEPTANCE TEST/ FINANCE
AND OWN/OPERATE A SOLID WASTE
PROCESSING FACILITY -- TOP RECOMMENDED
FIRM WAS BEDMINSTER BIOCONVERSION /
SEACOR JV.
31. APPROVE CHIEF PROCUREMENT OFFICER'S R 93-251 231-256
DECISION TO REJECT PROTEST OF HAYDEN 4/15/93
ENTERPRISES, INC. IN CONNECTION WITH
DINNER KEY MARINA RESTORATION - PHASE
II REHABILITATION OF PIERS AND BAYWALK
H-1008.
Ayy..J
8
ER
ECT ALL BIDS RECEIVED FP�{A$ENII
32, KEYOR
RE
Y MARINA RESTORATION BAYWALK 0-
REHABILITATION OF PIERS ED DY HURRICANE
REHAB GED OR DESTROY
1OOB, FUNDS TO BE RE14OURSED FROM
ANDREW INSURANCE CLAIMS+ AND
PENDING FEMA),
EMERGENCY MANAGCIPN414501 AND DE URRE
ALLOCATED FROM VICE MAYOR DE Y
(B) DIRECTIVE: .NEVTO PREPARE LEGAL
DIRECTS CITY WHT CITY COULD,
OPINION AS TO WHETHER THE
HE FUTURE, NEGOTIATE WITH TD TRYIIN NG
BID BY WHICH WOULD
COMPANY CHAT COMES IN 10E�OND, EXTENDED
LOWER THEIR
R
EQUAL THE LOCARLSPREFERENCE AID
BIDDE
R 93-252
4/15/93
TO LOCAL WITH
DIRECT ADIAINISTRATION
TO WORK
33. RFRONT BOARD IN CONNEENDMENT WITH
THE
WANE CHARTER AM LEASES
PLACING OF A
BALLOT CONCERNING
EXTENSIONof
OPRESENNL9
ON CITY WATERFRONT
ATER FRONT FIT ORGANIZATIO
OCCUPIEDORGANIZATIONS
ANDIOR WATER-RELATEDHOWNTHEY PROVIDE
UHICH HAVE
VALUABLE SERVICE TO THE COMMUNIT COLLECTIVE
ADDENDUM THE
EXECUTE AN AGREEMENT TO WIT �N (SEA)
' BARGAINING A
SANITATION EMPLOYEESEPTEMBER30+ 1994).
co 1 199
M 93-253
4/15/93
R 92-254
4115/93
(OCTOB +
CUTE PROFESSIONAL SEiUTIONES AOFEBLACK
35. EMENT
EXECUTE NOBLE)
WITH THE NATIONAL ORGA AIMING FOR POLICE
LAW ENFORCEMENTOf EXECUTIVES
Tp
FOR 'PROVISION
DEPARTMENT. TABLE
DISCUSS TEMPORARILY
AND
36. SIDERATION OF PROPOSED RWITH T GUSNAN
CONSIDERATION AGREEMEN
EXECUTE __ FOR UNIFIED ND
CENTER-PARTNERSIN�LUDING PLANNING
DEVELOPMENT, LEASING AND
DESIGN, CONSTRUCTION,
CEMENT OF A RESIDENTIALRESTAURANT, L FACILITY
MAMA
AND
WITH CULTURAL
Use:,LARY RETAIL,See l abel IN
CULT
URAL Use:, AT THE OLYMPIA BUILDING
(174 E. FL,AGLEk STREEt) • 47)
R 93-255
4I15193
2ss-262
DISCUSSION
4115193
263-275
275-2B4
284-292
292-297
37. DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION TO 4/15/93
APPROVE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT PROTEST OF
INTERAMERICAN CAR RENTAL (IN CONNECTION
WITH BID NOS. 92-93-027 AND 92-93-
039R) -- FOR FURNISHING CAR LEASE /
RENTAL SERVICES FOR POLICE DEPARTMENT.
(See label 42)
38. ACCEPT BID: MIRI CONSTRUCTION -- FOR R 93-256
GRAPELAND HEIGHTS PARK - BALL FIELD 4/15/93
CONSTRUCTION PROJECT (SECOND BIDDING)
B-2968-C -- EXECUTE CONTRACT.
39. ACCEPT BID: LEADEX CORPORATION -- FOR R 93-257
WILLIAMS PARK REDEVELOPMENT - PHASE 4/15/93
II - BASKETBALL COURTS PROJECT (SECOND
BIDDING) B-2981-A -- EXECUTE CONTRACT.
40. (A) COMMENTS BY COMMISSIONER PLUMMER M 93-258
CONCERNING THE NUMBER OF SWORN, FULL- 4/15/93
TIME POLICE OFFICERS ASSIGNED TO
BAYSIDE.
(B) DIRECT CITY ATTORNEY TO BEGIN
COMPETITIVE BID SELECTION PROCESS IN
CONNECTION WITH SELECTION OF A LAW FIRM
TO SERVE AS BOND COUNSEL FOR PROPOSED
REFINANCING OF THE BAYSIDE PARKING
GARAGE BOND ISSUE.
41. APPOINT / CONFIRM INDIVIDUALS TO SERVE R 93-259
AS MEMBERS OF THE GENERAL EMPLOYEES' 4/15/93
AND SANITATION EMPLOYEES' RETIREMENT
TRUST. (Reappointed was: T. Willard
Fair; confirmed was: Rose Gordon.)
42. (Continued discussion) APPROVE CHIEF R 93-260
PROCUREMENT OFFICER'S DECISION TO 4/15/93
REJECT PROTEST OF INTERAMERICAN CAR
RENTAL (BID NOS. 92-93-027 AND 92-93-
039R) -- FOR FURNISHING CAR LEASE /
RENTAL SERVICES FOR POLICE DEPARTMENT.
(Sea label 37)
43. AUTHORIZE CITY MANAGER TO APPROVE R 93-261
CONTRACT AND AWARD BID TO ROYAL RENT -A- 4/15/93
CAR FOR 30 DAYS (CONTINGENT WITH AN 11-
MONTH EXTENSION) THROUGH MAY 131, 1993
AT WHICH TIME COMMISSION WILL DETERMINE
APPROPRIATE ACTION TO FOLLOW -- FOR
FURNISHING AUTOMOBILE RENTAL SERVICE TO
POLICE DEPARTMENT.
298-301
301-305
305-307
308-316
316-318
319-320
320-332
(Continued diScussio") ACCEPT RID! R 93-262 332-333
HAVIS-SHIELDS EQUIPMENT CORPORATION -- 4/16/93
FOR FURNISHING A PRISONER TRANSPORT VAN
TO POLICE DEPARTMENT. (See label 6)
45. AUTHORIZE CITY MANAGER TO SUBMIT R 93-263 334-337
APPROVED GRANT PROGRAM FINAL STATEMENT 4/15/93
TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) REQUESTING FUNDS IN
THE AMOUNT OF $12,571,000 -- EXECUTE
IMPLEMENTING AGREEMENTS.
46. SECOND READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND: COMMUNITY
DEVELOPMENT BLOCK GRANT (NINETEENTH
YEAR) -- APPROPRIATE: (a) $12,571,000,
AND (b) $1,400t000 FROM NINETEENTH YEAR
CDBG PROGRAM INCOME, AS APPROVED BY
HUD.
47. (A) APPROVE WITHDRAWAL OF TWO LIMITED
PARTNERS (RICHARD WILES AND SHARI
WILES) FROM GUSMAN CENTER PARTNERS,
LTD. -- APPROVE TRANSFER OF STOCK AMONG
SHAREHOLDERS OF SEABOARD CAPITAL, INC.
(A LIMITED PARTNER OF GUSMAN CENTER
PARTNERS, LTD.) TO ALLOW WITHDRAWAL OF
PATRICK GALLAGHER AND THE ADDITION OF
DANIEL MONES -- APPROVE NECESSARY
RESTRUCTURING OF PARTNERSHIP.
(B) (Continued discussion) EXECUTE
LEASE AGREEMENT WITH GUSMAN CENTER -
PARTNERS LTD. -- FOR UNIFIED
DEVELOPMENT, INCLUDING PLANNING AND
DESIGN, CONSTRUCTION, LEASING AND
MANAGEMENT OF A RESIDENTIAL FACILITY
WITH ANCILLARY RETAIL, RESTAURANT AND
CULTURAL USES AT THE OLYMPIA BUILDING
(174 E. FLAGLER STREET). (See label
36)
48. DISCUSS AND TEMPORARILY TABLE PROPOSED
AGREEMENT WITH THE VILLAGE OF KEY
BISCAYNE FOR THE CITY TO PROVIDE
AUTOMATIC AID AND ANCILLARY FIRE RESCUE
SERVICES TO SAID VILLAGE. (See label
53)
ORDINANCE
11062
4/15/93
R 93-264
R 93-265
4/15/93
DISCUSSION
4/15/93
337-340
340-344
344
i
i
so
42.
AMEND RESOLUTION 93-197 -- EXTEND
R 93-266 344-346
AUTHORIZATION FOR 16% TEMPORARY RATE
VIS/93
REDUCTION IN DOCKAGE FEES AT DINNER KEY
MARINA TO INCLUDE ALL BOAT SLIPS THAT
ARE / WILL BE WITHOUT UTILITY SERVICES
DURING THE PERIOD OF HURRICANE DAMAGE
REPAIRS FOR A PERIOD NOT TO EXCEED SIX
MONTHS,
50.
OFFICIALLY OPPOSE METROPOLITAN DADE
R 93-267 346-348
COUNTY'S INTENDED ACTION TO TAKE
4115/93
CERTAIN CITY PROPERTY (NAMELY, COUNTY
COURTHOUSE CENTER) OFF THE CITY'S TAX
ROLLS.
51.
DISCUSSION IN CONNECTION WITH PROPOSED
DISCUSSION 348-349
INSTITUTION OF USER FEES TO BE PAID BY
4/15/93
NONPROFIT TAX EXEMPT PROPERTIES IN THE
CITY OF MIAMI.
52.
(A) APPEAL DENIED -- ZONING BOARD'S
R 93-268 350-355
APPROVAL OF SPECIAL EXCEPTION UPHELD --
R 93-268.1
APPROVE CONSTRUCTION OF A NEW PRINCIPAL
R 93-268.2
STRUCTURE CONTAINING MIXED USES IN
R 93-268.3
CONNECTION WITH 149 RESIDENTIAL UNITS
4/15/93
AND SOME NONRESIDENTIAL USES AT 1099
N.W. 14 STREET. (Applicant: AMC
Associates, Ltd.; appellant: Planning,
Building and Zoning Dept.)
(B) APPROVE SPECIAL EXCEPTION GRANTED
BY ZONING BOARD TO ALLOW A DRIVE -
THROUGH FACILITY FOR A FINANCIAL
INSTITUTION AT 1099 H.W. 14 STREET.
AMC Associates, Ltd.)
iApplicant:
C) APPROVE SPECIAL EXCEPTION GRANTED
BY ZONING BOARD TO ALLOW REDUCTION OF
RESERVOIR SPACES FOR DRIVE -THROUGH OF A
FINANCIAL INSTITUTION AT 1099 N.W. 14
STREET. (Applicant: AMC Associates,
Ltd.)
(0) REVERSE ZONING BOARD'S DENIAL OF
REQUESTED VARIANCE -- APPROVE WAIVER OF
184 OF 396 REQUIRED OFF-STREET PARKING
SPACES FOR PROPOSED MIXED USE NEW
STRUCTURE AT 1099 N.W. 14 STREET.
(Applicant / Appellant: AMC Associates,
Ltd.)
53.
(Continued discussion) AUTHORIZE CITY
R 93-269 355-356
MANAGER TO ENTER INTO AGREEMENT WITH
4/15193
THE VILLAGE OF KEY BISCAYNE TO PROVIDE
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MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 15th day of April, 19939 the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:09 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
ALSO PRESENT:
Cesar Odio, City Manager =
Quinn Jones, III, City Attorney
Matty Hirai, City Clerk _
Walter J. Foeman, Assistant City Clerk
ABSENT:
Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
An invocation was delivered by Mayor Suarez and Commissioner Plummer
then led those present in a pledge of allegiance to the flag.
-------------------------------------------------
NOTE FOR THE RECORD: By memorandum from City Manager
Cesar Odio, Items -13 and 30 were withdrawn.
_-------------------------------------------------
- ---------------------------- ------- ---- --------------------- --
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) PRESENTATION TO GERRY CAMP, EMPLOYEE OF THE YEAR (1992).
------------------------------------------------------------------------
(A) PRESENTATION TO GERRY CAMP, A CITY OF MIAMI FIREFIGHTER, FOR HAVING
BEEN SELECTED AS EMPLOYEE OF THE YEAR (1992). FURTHER PROCLAIMING
WEDNESDAY, MARCH 3, 1993 AS "FIREFIGHTER GERRY CAMP DAY" FOR HIS
EFFORT PROVIDING RELIEF TO VICTIMS OF HURRICANE ANDREW BY OPENING THE
AMER MIAMI FIREFIGHTERS BENEVELOENT HALL TO PROVIDE A COLLECTION AND PICKUP
SITE FOR BUILDING MATERIALS, LABOR AND BASIC LIVING ESSENTIALS.
EK I April 15, 1993 '4
t
—i-i--------------- i---------------------few--
NOTE FOR THE RECORD: Commissioner Alonso entered the
meeting at 9:12 a.m.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
i--.------.------------------------- r--------------------------------- ------
2. DISCUSSION CONCERNING PROPO'.ED RESOLUTION TO CALL A SPECIAL MUNICIPAL
ELECTION TO: (a) LEVY AN ADDITIONAL TWO MILLS AD VALOREM TAX FOR A TWO-
YEAR PERIOD TO PROVIDE FOR ADDITIONAL POLICE SERVICES; AND (b) ESTABLISH
A HOMEOWNER ASSOCIATIONS ADVISORY BOARD TO RECOMMEND TO THE CITY MANAGER
HOW MONIES GENERATED BY SAID ADDITIONAL LEVY SHOULD BE EXPENDED.
-------------------------------------------------------------------------- ----
Commissioner Dawkins: Mr. Mayor, before... -
Mayor Suarez: Yes.
Commissioner Dawkins: Before you... I'd like to point a special privilege.
Mayor Suarez: Yes, sir.
Commissioner Dawkins: Everyone is aware that we have had a tremendous amount
of crime and what have you, and I intended to bring all of the minutes of the
meetings where this Commission has said what we needed to do to fight crime.
And I would like to propose this morning a resolution, and if it's passed on
first reading, it's fine. If not, we'll bring it back this afternoon at 2:30
and pass it, and bring it back for second reading on the 27th of May for
public hearing. And the Resolution reads this way: "A Resolution with
attachments calling and providing for a special municipal election to be held
November 2, 1993, for the purpose of submitting to the qualified electors of
the City of Miami, Florida, for their approval or disapproval as to whether
the City of Miami shall be authorized to exceed the Constitutional ten mill
limitation by the levy of an additional ad valorem tax of not more than two
mills for a period not to exceed two years for the provision of additional
police service and related equipment for the benefit of the citizens of the
City of Miami to require that all City personnel newly hired and paid from
funds generated by the subject mlilage increase shall be residents of the City
of Miami, and said new personnel shall remain - maintain such residences at
all times during their employment by the City of Miami, or shall have such
employment immediately terminated upon an administrative finding that said
employment conditions have been violated; and further, to establish a
Homeowners Association Advisory Board consisting of representatives from
various organizations." And I'd like for that to be changed to say that this
organization will make recommendations to the City Commission, who would then
make the recommendation to the Manager. I'd like that changed.
Mayor Suarez: OK. This will be set then for hearing. You want it on the
first meeting in May, don't you, Commissioner?
EK 2 April 15, 1993
Commissioner Dawkins: Yes.
Mayor Suarez: On the 13th, not the 27th, right?
Commissioner Dawkins: Well, I was wondering, whatever we could have, Mr.
Mayor to, you know, whatever is convenient. I mean...
Mayor Suarez: That's certainly enough time for the November election and...
Commissioner Dawkins: Enough time for us to get out, because we're going to
have to get out and sell the Commission - I mean, the community - on the idea.
And I've put in here, this money cannot be used for nothing but police -
related... hiring of police. No public service aides, no nothing but police.
Commissioner Plummer: Well, let's talk about that, all right? The reason
that I'm talking about that is, you hire additional policemen, the monies run
out in two years. Where are you going to find the money to pay them after
that?
Commissioner Dawkins: OK. In the event that the voters should pass this...
Commissioner Plummer: Yeah.
Commissioner Dawkins: Where is Mano? Two mills should generate $20,000,000.
Commissioner Plummer: Approximately.
Commissioner Dawkins: All right. So...
Commissioner Plummer: That's on top of the 90,000,000 plus that the police
department already gets.
Commissioner Dawkins: J.L., you either got to provide police protection or
you don't.
Commissioner Plummer: Oh, I agree with you, sir.
Commissioner Dawkins: Now, you can talk about on top of, under, or on the
side of, OK?
Commissioner Plummer: Now, that's not my problem.
Commissioner Dawkins: But here is where we got to fish or cut bait.
Commissioner Plummer: Now, my problem is...
Commissioner Dawkins: No, wait now. You asked me the question, I'm going to
answer the question. OK?
Commissioner Plummer: All right, go ahead.
Commissioner Dawkins: Two mills produces $20,000,000.
Commissioner Plummer: Correct.
EK 3 April 15, 1993
e b,
a
2� j
I
Commissioner Dawkins: And the next year, you get 20.
Commissioner Plummer: Correct.
Commissioner Dawkins: You put $40,000,000 into a reserve, just like they do
the pension plan, and you take the interest from that $409000,000 to pay
whatever additional police you hire.
Commissioner Plummer: So in other words, the $40,000,000 would not in any way
be touched except for the interest which would go to pay those salaries.
Commissioner Dawkins: Yes, sir. That's what I'm proposing.
Commissioner Plummer: We11 I hear you, you know. And we'll have a lot of
discussion between now and the first meeting in May. Because as you know
right now, my problem is the fact that your policemen today, or 50 percent of
their time is not for law enforcement, but writing reports. And you have
explicitly said no PSA's, which would relieve you and give you almost
immediately 50 percent more officers on the street. So under those kind of
circumstances, and being that restrictive, I would have to oppose it. Now,
that's my choice and yours.
Commissioner Dawkins: That's right.
Commissioner Plummer: And we disagree on that, obviously.
Commissioner Dawkins: That's all right.
Commissioner Plummer: But one of the greatest problems that we're going to
find in the police department today is specialized units, OK? There's my
problem. And I'm not going to pull any bones about it, that when you have a
situation in the City of Miami that people are getting killed in the streets,
and the City of Miami Police Department starts a special unit, off duty, at
time and a half, of a sergeant and six policemen, not to address the killings,
not to address the robberies, solely for the purposes of ticketing abandoned
automobiles. My friend, I will not waste any more taxpayers' money. In my
estimation, somebody is not setting p;oiorities and somebody is not using their
head, to waste that kind of money of the taxpayers. So you want to have a lot
of discussion between now and then? that's fine with me. But I think we need
to ticket the bad guys that are killing people and not worry about abandoned
automobiles at this time.
Commissioner Dawkins: That's what I'm trying to do. Get me some police with
this who will have direct orders from this Commission.
Commissioner Plummer: You can't do that, sir. If we could do that, we'd do
1t now.
Commissioner Dawkins: Yes, sir. You can. You give direct orders from this
Commission to the Manager that the people in the community voted for this, and
the community... That's why I said have a group of citizens to tell this
Commission what they want done, and we tell the Manager what they want done.
Now, the Charter says you can do that.
EK 4 April 15, 1993
Commissioner Plummer: Oh, you can set policy.
Commissioner Dawkins: OK.
Commissioner Plummer: You can set policy, but what difference does it make?
The City of Miami Commission went to the referendum and lost total credibility
with the people of this community when we said, and you said, and I - we
fought like tigers - that you will not spend more than $5,000,000 for
substations, which would be full service police stations. It hasn't happened
as of today.
Commissioner Dawkins: Well, all I can say...
Commissioner Plummer: We're kidding ourselves.
Commissioner Dawkins: All I can say, Mr. Mayor, and I'll close with this:
Something has to be done.
Commissioner Plummer: Well, I agree with that.
Commissioner Dawkins: Now, we can sit here and say what you want to say, but
you better offer the voters something. Now, we don't even know that the
voters will pass the two mills. It's very difficult. If this... The four or
five of us up here will have a difficult time explaining to the voters that
the two mills will provide police protection. We're going to have a problem
with that. So I don't see anything happening until we hear from the public,
which I will be out there trying to sell it. I don't have any problems with
it, because if I can help sell a two mill for Jackson Memorial Hospital, if I
can sell two mills for the college to do nothing with - Miami -Dade Community
College; if you pass two mills for the library, you can certainly pass two
mills to help make my streets safer, because I'm not leaving Miami. I'm not
going no place. Thank you.
Commissioner Plummer: Neither am I.
Commissioner Alonso: But the problem 1s, Commissioner, that 1f we do all of
what you are saying, but then as Commissioner Plummer said, the priorities are
not set, and the work that has to be done is not done, and then we sit up here
and we don't have the power to do it and to change, then what do we do?
Because the system is wrong. The system is wrong.
Commissioner Plummer: Absolutely, the system is absolutely...
Commissioner Alonso: And then the politicians are blamed, but we don't do the
work, and we cannot tell them what to do. So what do we do? We have then to
face reality, and let the public know what has to be done. And then also,
ourselves, we cannot chicken out and face the reality and tell the public, the
problem is it comes from the Manager to the head of the departments. Then
what do we do? Let's address that issue. I think we should. It's about
time.
Commissioner Plummer: Yeah. They'll have more policemen in boxing programs.
They'll have more policemen out in the bay checking yellow tails. They'll
EK 5 April 15, 1993
have more policemen writing tickets for parking meters. I Stood downtown the
other day in front of the Intercontinental Hotel. A robbery went out at
Richards.
Commissioner Dawkins: We're going to discuss this like Commissioner Plummer
said at length, so Mr. Mayor, move your agenda, please.
Commissioner Alonso: Yeah, but the problem is that we talk about something
like this, we ask the public, we are talking about increasing the mill.
Commissioner Plummer: You see, that's the problem, and it rolls over.
Commissioner Alonso: We are talking about the problem. The citizens are
telling us, we have problems with police protection, and then we discuss it,
and then we chicken out at the last minute.
Commissioner Plummer: Not me.
Commissioner Alonso: I think that once we start talking about an issue like
this, we should go all the way and say, what has to be done? We were elected
to do a job, and I think we have responsibility to do it. And if it is that
we don't have the powers to do so, we have to let the public know. Because
they tell us what has to be done, and they want action. Why we cannot work
together? Why the Administration, and the City Commission, and the police
department, and everybody involved should not be working for the people that
pay them? The citizens of Miami. It should not be that we are working in
different directions. We are working together. We are not enemies. We are
one City. And let's face it, we are in this together. So why can't we set
rules and regulations? We have that power. And then ask the A: -ministration
to carry on. We are not working 1n different directions, we are working
together.
~
NOTE FOR THE RECORD: ViceMayor De Yurre entered the
meeting a a.m.
Mayor Suarez: Would you have procedurally any objection to the matter being
discussed at the first meeting in May? Because that's really what we should
be doing, since we have so much other business today.
Commissioner Alonso: Yes, Mr. Mayor, but we continue the discussion and
nothing gets done.
Commissioner Plummer: Mr. Mayor, you know, the problem is very simple. You
let a murder happen on the streets, and the Governor runs down here and is
going to wave a magic wand, OK? It don't happen that way.
Commissioner Alonso: Ask him to put the money...
Commissioner Plummer: In 30 days, 30 days from today...
Commissioner Alonso: Where is the money?
EK g
April lb, 1993
yrStW i
Commissioner Plummer: ... 1f nobody else is killed on the street, It's going
to be forgotten. OK? Now, let me tell you something. I've sat at this table
for at least 12 months every Commission meeting, at the detriment of my
colleagues, to listen to me holler about the crime in the streets.
Commissioner Alonso: It has to be done.
Commissioner Plummier: It's not going to go away. And we're kidding
ourselves. It's just like these units that are started out of nowhere that we
don't know about. That's $300 an hour. The people of this City are fed up.
They tell me that everything is fine. Why is CAMACOL having meetings on
crime? Why is the northeast associations having problems with Crime? Yet,
they come and they tell me everything 1s under control. tinder whose control?
The bad guys? As long as I can walk from here and buy cocaine within five
minutes of here, don't tell me things are under control. And I'll buy you all
the cocaine you want, only governed by the amount of money in my pocket. You
know it, and I know it. It's right there. Yet, I can buy it. Where is my
special narcotics unit that they can't buy it?
Commissioner Dawkins: Create a committee to study and research crime, June 7,
1990. Discuss and temporarily table proposed establishment of a city-wide
crime prevention educational program, June 26, 1990.
Commissioner Plummer: That's it.
Commissioner Dawkins: Continued amendment, allocate additional $300,000 to
continue activities of the forfeiture detail, July 26, 1990. Motion in
support of City of Miami Shores Task Force in their fight against crime,
September 7, 1990. Urging Administration to attempt to reassign more sworn
police officers presently assigned to the community relations to combat crime
on street. October 18, 1990. Discussion concerning rampant crime in different
areas of the City...
Commissioner Plummer: Ain't happened yet.
Commissioner Dawkins: ... requesting the City Manager to report back in 30
days with recommendation, January 24, 1991.
Commissioner Plummer: Somebody let's get it.
Commissioner Dawkins: And I can go through and through, just like you say...
Commissioner Plummer: Hey, I hear you.
Commissioner Dawkins: All right.
Commissioner Plummer: I hear you. We've got everything but results.
Mayor Suarez: All right.
Commissioner Plummer: We've got everything... Mr. Mayor, I want one
concluding comment. Sir, I have no truck with the men on the street. They
are doing a job and are asking this Commission to let them do a better job.
Their hands are tied in what they are doing. You got roadblocks out here,
EK 7 April 15, 1993
— R
roadblocks to catch people without registrations. What's more important? The
policemen, in my estimation, are doing a fine job. Let's let them go and do
the entire job that they were hired to do, and not be a secretary.
Mayor Suarez: All right. The idea has been proposed that we have a special
referendum for a mitlage imposition... -
Commissioner Plummer: Excuse me. A special referendum, or on in November?
Mayor Suarez: I guess I meant a special vote at the regularly scheduled
election in November, to impose an additional millage, actually two points,
two mills is what the Commission is proposing. And we would discuss this, Mr.
City Attorney, you indicate that it would have to be simply voted as a
resolution, not an ordinance? So it's one vote?
A. Quinn Jones, III (City Attorney): That's correct.
Mayor Suarez: And I don't think there's any problem taking it up in the first
meeting in May unless you want to push it back to June, all right?
Commissioner Dawkins: We'll have to check With the other Commissioners.
That's all right with me.
Commissioner Plummer: Well, let me just state for the record, if you expect
my vote favorably on this resolution, it has got to be totally restricted, set
by this Commission what those monies would be used for, and could be used for
nothing else except what this Commission so designates. Anything short of
that, I assure you, it will be wasted, like the rest of it is.
Commissioner Dawkins: That's spelled out and I agree with you. That's why I
spelled it out in here. If you read through here...
Commissioner Plummer: Well, we have a disagreement on one of the spellouts, -_
and that's PSAs.
Commissioner Dawkins: Hire PSAs wit;i general service funds. I don't have a
problem with that.
Commissioner Plummer: If that's where you want to get them, it's fine with
me. —
3. CONSENT AGENDA -- MR. GONZALEZ-GOENAGA PLACES COMMENTS ON THE RECORD -
CONCERNING SPECIFIC CONSENT AGENDA ITEMS.
-----------------------------------------------------------------------------
Mayor Suarez: All right. We don't need to take any action on it, and so we
can continue then with CA-1 through CA-20.
Commissioner Plummer: I want removed 1, 3, 4, 6 and 15.,-
EK 8 April 15, 1993
R=
Commissioner Alonso: He said6t,
Commissioner Plummer.- 1, 3, 4, 6 and 15.
Mayor Suarez: With the exceptions of - any other items, Commissioners?
Commissioner Alonso: CA-?*
Commissioner Dawkins: 1, 3, what, J.L.?
Commissioner Plummer: 1, 39 49 6, and 15.
Mayor Suarez: With the exception of Items 1, 2, 3, 4, 6, and 15...
Conmissloner Plummer: I did not say 2, sir.
Commissioner Alonso: I did. -
Commissioner Plummer: Oh, I'm sorry.
Mayor Suarez: We are ready to take up the consent agenda as one item. If
_ anyone wishes to be heard on any of those items individually? Yes, Mr. Manuel
Gonzalez-Goenaga, sir?
Mr. Manuel Gonzalez-Goenaga: 39 4, 12, 13 and 15. I think that 13 was
withdrawn, right?
Mayor Suarez: I believe so. Do you want to go ahead and address those now,
sir?
Mr. Gonzalez-Goenaga: Yes. Good morning, Commissioners, citizens.
Commissioner Plummer: Good morning, sir.
Mayor Suarez: Good morning.
Mr. Gonzalez-Goenaga: Let me have a short introduction. I'm going to be —
extremely short. First of all, I want to congratulate for the first time Mr.
Xavier Suarez for retiring as the new mayor, because he will save me a lot of -
energy, and political dedication to take him out. He is a statesman and I
hope that you people, Commissioners, propose, because of the nice job he has
done in this City, that we enlarge 7th Street Northwest and change from Luis
Sabines to Xavier Suarez. Thank you very much. -
Mayor Suarez: OK. I'll take a pass on having any streets named after me.
I'm not a strong believer in that. Go ahead, sir.
Mr. Gonzalez-Goenaga: And number three, we have a prison transport van. —
We11, I have been transported also in this van, and they are not in such a bad
shape. And we - I made a lot of friendships because we are tied up, you know,
through our knees and our hands, and it is not easy to get out of those vans.
And the drivers are very - not sensible enough. Maybe what we need is more
education on the police. Even if you are a prisoner, they should treat the —
prisoners, the police, not in a bad shape. My essence here is, let's forget
EK 9 April 15, 1993
12
about the vans, because we can have a bus for narcotics, and I think that the
first one that we should put on the van as prisoners are some policemen in
this town. Number four, leather goods. My God, leather goods. I hope that
the new leather goods and the belts are put on like men, not like chickens.
I'm talking about just a few policemen. And then Number 13, 1 think it was
withdrawn. Number 14, again, I would like to ask the City Manager if
Sylvester Stallone - no, Lukis. He has been our legislative consultant in
Washington since 1981. Well, you know, things have changed in Washington. We
now have - we don't have so much bullshit now. We have Clinton. And I would
like to know what are the relationships of this particular law firm with the
new Democrats. No. I'm just asking a question, City Manager. Because if he
has been since 181, he probably has been a Republican lobbyist. Maybe what we
need is a Democrat lobbyist. Things have changed. You know, the world change
every day, City Manager.
Mr. Cesar Odio (City Manager): Well, let me tell you, we judge people by
results, and he has delivered. Not only has he delivered before, but now, and
not only that, I believe when I first met him, he was an attorney for the
Democrats in a Cuban/Haitian Task Force during the Mariel Boatlift. So...
Mr. Gonzalez-Goenaga: Under the Carter Administration.
Mr. Odio: During the Carter Administration.
Mr. Gonzalez-Goenaga: So he plays both sides of the...
Mr. Odio: Well, a good attorney...
Commissioner Plummer: I sure hope so.
Commissioner Alonso: I was going to say that.
Mr. Odio: ... plays both sides of a field, always. He deals with clients,
not with party.
Mr. Gonzalez-Goenaga: OK. Then 13, I think it has been withdrawn. And then
15, I am not opposed to it, because we are forced to pay these judgments, but
the issue is that we elected Mr. Suarez to cover potholes, and still, people
are falling down in potholes. Thank you very much.
Mayor Suarez: Potholes, I think, is what he meant. All right. Thank you,
sir. With the exception of items 1, 2, 3, 4, 6, and 15.
Commissioner Plummer: Move it.
Mayor Suarez: Motion is made. Do we have a second?
Commissioner Alonso: Yes, second,
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
ON MOTION DULY MADE BY COiMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER ALONSO, THE CONSENT AGENDA WITH ABOVE
EXCEPTIONS, WAS APPROVED BY THE FOLLOWING VOTE:
EK 10 April 15, 1993
AYES: Comissioner Miriam Atonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: C"issioner Miller J. Dawkins
ABSENT: None.
3.1 ACCEPT BID: EXPRESS CONCRETE, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT
PROJECT (FEMA) H-1032 (CIP 341178).
RESOLUTION NO. 93-221
A RESOLUTION ACCEPTING THE BID OF EXPRESS CONCRETE,
INC., IN THE AMOUNT NOT TO EXCEED $35,972.00, TOTAL
BID OF THE PROPOSAL, FOR CITYWIDE SIDEWALK
REPLACEMENT PROJECT (FEMA) H-1032; WITH MONIES
THEREFOR ALLOCATED FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) IN THE AMOUNT OF $20,972 TO
COVER THE CONTRACT COST PLUS ANY ACTUAL FEMA
REIMBURSEABLE DESIGN AND ENGINEERING EXPENSES, AND
FROM THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT
ORDINANCE NO. 10938, PROJECT NO. 341178 IN THE
AMOUNT OF $15,000; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH SAID FIRM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and
- on file in the Office of the City Clerk.)
3.2 RATIFY CITY MANAGER'S WAIVER OF RENTAL FEES FOR USE OF PORTION OF ORANGE
BOWL STADIUM BY MIAMI MEGA -CITY SPECIAL OLYMPICS -- FOR PRESENTATION OF
SPECIAL OLYMPICS OPENING CEREMONY -- EXECUTE AGREEMENT.
RESOLUTION NO. 93-222
A RESOLUTION, WITH THE ATTACHMENT, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER
OF RENTAL FEES FOR THE USE OF A PORTION OF THE
ORANGE BOWL STADIUM BY MIAMI "MEGA -CITY" SPECIAL
OLYMPICS FOR THE PRESENTATION OF THE SPECIAL
OLYMPICS OPENING CEREMONY, ONCE A YEAR DURING THE
NEXT THREE (3) CALENDAR YEARS (1993-1995) WHICH TERM
MAY BE EXTENDED BY THE CITY MANAGER FOR AN
ADDITIONAL TWO (2) YEAR PERIOD UPON MUTUAL CONSENT
_ OF THE PARTIES, SAID WAIVER CONDITIONED UPON MIAMI
"MEGA -CITY" SPECIAL OLYMPICS PAYING ALL RELATED
EXPENSES FOR THE OPENING CEREMONY; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI "MEGA -
CITY" SPECIAL OLYMPICS FOR SAID USE; AND SUBJECT TO
EK I1 April 15, 1993
THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER
OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.3 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL
STADIUM BY U.S. SOCCER FEDERATION -- FOR PRESENTATION OF THE WORLD
SERIES OF SOCCER -- EXECUTE AGREEMENT.
RESOLUTION NO. 93-223
A RESOLUTION, WITH THE ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF
THE ORANGE BOWL STADIUM BY THE U.S. SOCCER
FEDERATION FOR THE PRESENTATION OF THE WORLD SERIES
OF SOCCER ON MAY 8, 1993; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FOROM, BETWEEN THE CITY
OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE,
SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.4 EXECUTE MEMORANDUM OF AGREEMENT WITH STATE OF FLORIDA AND FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) -- FOR PURPOSE OF SETTING FORTH
PARTIES' RESPONSIBILITIES IN CONNECTION WITH DEVELOPMENT AND SUPPORT OF
A LOCAL URBAN SEARCH AND RESCUE TASK FORCE (SPONSORED BY MIAMI FIRE
DEPARTMENT).
RESOLUTION NO. 93-224
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI, THE STATE OF FLORIDA AND THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA), FOR THE PURPOSE
OF SETTING FORTH THE PARTIES RESPONSIBILITIES IN
CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF A
LOCAL URBAN SEARCH AND RESCUE TASK FORCE SPONSORED
BY THE CITY OF MIAMI FIRE DEPARTMENT, CONTINGENT
UPON FUNDING FOR SAID PROJECT BEING SECURED IN THE
FORM OF GRANTS AND REIMBURSEMENTS FROM STATE AND
FEDERAL SOURCES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
EK 12 April 15, 1993
...........
-
r
3.5 EXECUTE MEMORANDUM OF UNDERSTANDING WITH U.S. PUBLIC HEALTH SERVICE --
FOR PURPOSE OF SETTING FORTH PARTIES' RESPONSIBILITIES IN CONNECTION
WITH DEVELOPMENT AND SUPPORT OF THE MEDICAL COMPONENT OF A LOCAL URBAN —
SEARCH AND RESCUE TASK FORCE (SPONSORED BY MIAMI FIRE DEPARTMENT).
RESOLUTION NO. 93-225
A RESOLUTION, WITH ATTACHMENTS(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE UNITED STATES
PUBLIC HEALTH SERVICE, FOR THE PURPOSE OF SETTING
FORTH THE PARTIES RESPONSIBILITIES IN CONNECTION
WITH THE DEVELOPMENT AND SUPPORT OF THE MEDICAL -
COMPONENT OF A LOCAL URBAN SEARCH AND RESCUE TASK
FORCE SPONSORED BY THE CITY OF MIAMI FIRE -
DEPARTMENT. j
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.6 EXECUTE MEMORANDUM OF AGREEMENT WITH CITIES OF CORAL GABLES, HIALEAH,
AND MIAMI BEACH -- FOR PURPOSE OF SETTING FORTH PARTIES'
RESPONSIBILITIES IN CONNECTION WITH DEVELOPMENT AND SUPPORT OF A LOCAL
URBAN SEARCH AND RESCUE TASK FORCE (SPONSORED BY MIAMI FIRE DEPARTMENT).
RESOLUTION NO. 93-226
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF
AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI, AND SEVERAL LOCAL
MUNICIPALITIES, SPECIFICALLY, THE CITIES OF CORAL
GABLES, HIALEAH, AND MIAMI BEACH, FOR THE PURPOSE OF
SETTING FORTH THE PARTIES RESPONSIBILITIES IN
CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF A
LOCAL URBAN SEARCH AND RESCUE TASK FORCE SPONSORED
BY THE CITY OF MIAMI FIRE DEPARTMENT, CONTINGENT
UPON FUNDING FOR SAID PROJECT BEING SECURED IN THE
FORM OF GRANTS AND REIMBURSEMENTS FROM STATE AND
FEDERAL SOURCES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.7 EXECUTE AGREEMENT WITH SYLVESTER A. LUKIS -- FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH
IMPACTS ON THE CITY.
EK
RESOLUTION NO. 93-227
13
April 15, 1993
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH SYLVESTER A.
LUKIS, FOR PROFESSIONAL LEGISLATIVE CONSULTANT
SERVICES CONCERNING FEDERAL LEGISLATION WHICH
IMPACTS ON THE CITY OF MIAMI, ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $45,000 FOR
SAID SERVICES, AND AN ADDITIONAL AMOUNT NOT TO
EXCEED $39000 FOR REIMBURSABLE EXPENSES, FROM THE
LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and
on file 1n the Office of the City Clerk.)
3.8 EXECUTE AGREEMENT WITH JAMES ALLEY -- TO PROVIDE CERTIFIED BEHAVIOR
ANALYST SERVICES (AS REQUIRED BY FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES) TO THOSE PERSONS ATTENDING CITY'S PROGRAMS FOR
PERSONS WITH DISABILITIES.
RESOLUTION NO. 93-228
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
JAMES ALLEY, AN INDIVIDUAL, TO PROVIDE CERTIFIED
BEHAVIOR ANALYST SERVICES, AS REQUIRED BY THE
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, TO THOSE PERSONS ATTENDING THE CITY'S
PROGRAMS FOR PERSONS WITH DISABILITIES AND PRESENTED
BY THE PARKS AND RECREATION DEPARTMENT; SAID
SERVICES TO BE PROVIDED ON A PART-TIME BASIS FOR A
THIRTEEN (13) MONTH PERIOD AS SPECIFIED HLREIN;
ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
$179784 FROM THE SPECIAL REVENUE FUND ENTITLED
"RECREATION PROGRAMS FOR THE MENTALLY RETARDED - FY
'93."
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.9 ACCEPT PLAT: AMENDED PLAT OF COMSTOCK ELEMENTARY SCHOOL.
EK
RESOLUTION NO. 93-229
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED AMENDED PLAT OF COMSTOCK ELEMENTARY SCHOOL,
A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL
OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE,
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
14
April 15, 1993
ore
nefite in othe Ofi cefof the City Cloemrkt;ed here and
3.10 ACCEPT PLAT: JETRO CASH AND CARRY SUBDIVISION.
RESOLUTION NO. 93-230
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED JETRO CASH AND CARRY SUBDIVISION, A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF
THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
BADE COUNTY, FLORIDA.
onefile in the Ofre follows fice of the City of resolution, here and
3.11 ACCEPT PLAT: PHYLLIS RUTH MILLER ELEMENTARY SCHOOL.
RESOLUTION NO. 93-231
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED PHYLLIS RUTH MILLER ELEMENTARY SCHOOL, A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF
THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHWON ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.12 ACCEPT DONATION OF A COMPLETE COMPUTER PACKAGE AS PART OF THE CHINA
EXTERNAL TRADE DEVELOPMENT COUNCIL (CETRA) -- FOR REPUBLIC OF CHINA'S
"VERY WELL MADE IN TAIWAN" INTERNATIONAL CAMPAIGN.
EK i5 April 15, 1993
7
RESOLUTION NO. 93-232
A RESOLUTION ACCEPTING THE DONATION OF A COMPLETE
COMPUTER PACKAGE, INCLUDING ONE ACERPAC MULTIMEDIA
WORKSTATION, EIGHT ACER 486 PCS, ONE MICROTEK COLOR
SCANNER, AND TWO ACERLASER PRINTERS, FOR A TOTAL
APPROXIMATE VALUE OF $509000, AS PART OF THE CHINA
EXTERNAL TRADE DEVELOPMENT COUNCIL (CETRA) FOR THE
REPUBLIC OF CHINA'S "VERY WELL MADE IN TAIWAN"
INTERNATIONAL CAMPAIGN, WHICH HELD AN EXHIBIT IN
MIAMI ON MARCH 24, 19939 SAID DONATED EQUIPMENT TO
BE USED BY THE NEIGHBORHOOD ENHANCEMENT TEAM (NET)
PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4. ACCEPT BID: WEATHERTROL MAINTENANCE CORPORATION -- FOR FURNISHING AND
INSTALLATION OF TWO 15 TON AIR CONDITIONING UNITS TO MANUEL ARTIME
COMMUNITY CENTER.
-----------------------------------------------------
Mayor Suarez: Item 1, request, Commissioner Plummer?
Commissioner Plummer: Mr. Manager, just for the record, how much more subsidy
is this going to add to the Artime Center?
Mr. Cesar Odio (City Manager): Well, if you don't have air...
Commissioner Plummer: And how long is that air conditioner, that's when we
respent, and spent millions of dollars fixing this place up, we know that
subsidy right now to keep it open is about $600,000 a year. Why is this - why
are we buying new air conditioners?
Mr. Odio: We never did replace the air conditioners. This is part of the
total refurbishing of the Artime Center.
_ Commissioner Plummer: So this is another $30,000 of taxpayers' money, to keep
it open, to put out $600,000 in subsidy; is that correct?
Mr. Odio: It will lower the subsidy. If you don't have air conditioning, you
will not be able to have shows there.
Commissioner Plummer: Well, that's amazing. Last year, how much was subsidy,
Mr. Manager?
Mr. Odio: Total package was $600,000. r
Commissioner Plummer: About $600,000 of taxpayers' dollars. Thank you.
e i
EK 16 April 15, 1993
- i.
Mayor Suarez: All right. On item 19 any other questions or clarifications?
Commissioner Plummer: No. It's just one more big bucket to throw tax dollars t
into.
Mayor Suarez: I'll entertain a motion on item big bucket.
Commissioner Alonso: I have a question. Frank, how long has been the air _
conditioner there?
Mr. Frank Castaneda: It has never been replaced, Commissioner. We bought the
building 15...
Commissioner Plummer: We spent 3.2 million dollars to fix the place up, but
air conditioning wasn't important at the time, because we told them they only =
had that much to spend. So they knew, hey, we'll wait till it breaks.
Commissioner Alonso: Why wasn't it replaced? —
Mr. Castaneda: Well, because it was working till now. It's been - we've been
there 12 years, and it's been working.
Mr. Odio: We didn't want to waste taxpayers' money, so we... r
Commissioner Plummer: No. You just subsidized 1t to $600,000 a year, that's
all.
Mr. Odio: ... held on to the air conditioners that we had. Now, on the
record, the deficit there of - before I became Manager, it was $1,0009000 a
year. OK?
Commissioner Plummer: Oh, I congratulate you for saving $400,000 of
taxpayers' money.
Mr. Odio: All right.
Commissioner Plummer: I have to find fault that you're still wasting
$6009000.
Mr. Odio: We're not wasting $600,000. That 1s a community...
Commissioner Plummer: I11 pay you on a percentage of what you save of the
deficit. —
Mr. Odio: ... that is a community building. The decision was made by your
Commission, when you were here, to buy the building.
Commissioner Plummer: That's correct, sir. We bought the building, but we
sure didn't anticipate all of the subsidy of giving it away every time, free
of charge, waiting for...
Mr. Odio: Well, before you bought the building, you should have thought about j
it, because it's a community building, and it will never make money.
s
EK 17 April 15, 1993
Z�
i
Commissioner Plummer: Well, there's only one building in this town that rAkei
money. You're subsidizing the ampitheater, you're subsidizing the Knighl
Center, you're subsidizing Dinner Key Auditorium, you're subsidizing GusW
Hall, you're subsidizing all of these, and one of these days, the taxpayer.4
are going to tell you, sir, we're damn sick and tired of it.
Mr, bdio: The auditorium is...
Commissioner Dawkins: You left out one, Commissioner.
Commissioner Plummer: I'm telling you now. The taxpayers are going to tell
you later.
Mr. Odio: The Commission...
Commissioner Dawkins: You left out one, Commissioner.
Commissioner Plummer: Sir?
Commissioner Dawkins: You left out one.
Commissioner Plummer: Who?
Commissioner Dawkins: The fountain at Bayfront Park, we subsidize.
Commissioner Plummer: That's not a theater. Oh, that's definitely a drought
Commissioner Dawkins: But, I mean, you just left out one subsidy.
Commissioner Plummer: Miller, there's no question right now. But let me tel'
you, sir, it's not requiring subsidy. We have raised from the private sector
almost $80,000, sir.
Mr. Odio: Commissioner, don't you think you should...
Commissioner Alonso: But it cost millions to the taxpayers' money. Millions
Millions.
Commissioner Plummer: 3.2.
Commissioner Alonso: I question that, Commissioner. I think it's even higher
than the $390009000. That fountain easily cost probably $5,000,000.
Commissioner Plummer: Well...
Commissioner Alonso: $3,000,000 is bad enough, and the sidewalk, $8,000,000.
Incredibly expensive.
Commissioner Dawkins: Incredible.
Commissioner Plummer: It might interest you...
Commissioner Alonso: I have never seen one as expensive as that one.
s,
gK ISM
April 159 1993
0
Commissioner Plomer: It might interest you to know that at the time, I voted
against every procedure of the fountain.
Commissioner Alonso: I know. It's incredible.
Commissioner Dawkins: No, wait, now. I have to correct that. Against the
park, the whole park, Commissioner.
Conmissioner Plummer: That was part of it.
Commissioner Dawkins: That's what I'm saying.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: You voted against the whole park.
Commissioner Plummer: You and I.
Commissioner Dawkins: That's right.
Mayor Suarez: This is discussion number 1,500 on the Bayfront Park fountain,
with is otherwise a no -no. All right. Item...
Commissioner Plummer: It's going to be Miller Dawkins' after June.
Mayor Suarez: CA-2, sir.
Ms. Natty Hirai (City Clerk): We need a motion - oh, no.
Mayor Suarez: CA-1, we voted, no? Or - no, we did not, I don't think.
Commissioner Alonso: No, we did not.
Mayor Suarez: I don't think. I'll entertain a motion on CA-1.
Commissioner Alonso: I so move.
Mayor Suarez: Thank you. Moved.
seconds. Call the roll on CA-1.
Do we have a second on CA-1? Vice Mayor
EK 19 April 15, 1993
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-233
A RESOLUTION ACCEPTING THE BID OF WEATHERTROL
MAINTENANCE CORPORATION FOR THE FURNISHING OF AND
INSTALLATION OF TWO (2) 15-TON AIR CONDITIONING UNITS
TO THE MANUEL ARTIME COMMUNITY CENTER FOR THE
DEPARTMENT OF COMMUNITY DEVELOPMENT AT A PROPOSED
TOTAL AMOUNT OF $29,779.00; ALLOCATING FUNDS THEREFOR
FROM COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
PROJECT NO. 707210, INDEX CODE 451892; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
5. ACCEPT BID: VARITYPER, INC. -- FOR FURNISHING DESKTOP PUBLISHING
= EQUIPMENT ON A LEASE BASIS TO DEPARTMENT OF GSA AND SOLID WASTE /
GRAPHIC REPRODUCTIONS.
--------------------------------------------------------------------------
Mayor Suarez: Item CA-2 for clarification...
Commissioner Alonso: Yes.
Mr. Cesar Odio (City Manager): That one passed, no?
-- Mr. Ron Williams (Assistant City Manager): No.
Commissioner Alonso: No.
Mayor Suarez: Commissioner Alonso.
Commissioner Plummer: No. She pulled 2.
Commissioner Alonso: Yes. I have questions. Why five years lease?
EK 20 April 15, 1993
r r
a
Mr. Williams:
It's really
a lease purchase,
Commissioner, because we wanted
to string out
and lower the cash flow requirement each individual year, so
with this kind
of technical
equipment, we like
to stretch it out for that kind
of period of time.
Commissioner Alonso: So you divide it in five years because it was less?
Mr. Williams: Yeah. We can budget the smatter amount each year, and
certainly...
Commissioner Alonso: Rather than one purchase in one year.
Mr. Williams: Exactly, exactly.
r
Commissioner Plummer: Is it written so it could be cancelled at any one time?
i-
Commissioner Alonso: No, because it's a lease purchase, and I guess an
agreement for the five years...
Mr. Williams: Right, it's a lease purchase, Commissioner. I
Commissioner Plummer: Oh, OK.
Commissioner Alonso: Yes, OK, fine. '
Commissioner Dawkins: What's the life of the equipment, Mr. Williams?
Commissioner Plummer: Four and a half years.
Mr. Williams: The life of the equipment, Commissioner Dawkins, I would put it
at approximately seven years, only because the technology changes so often.
Commissioner Dawkins: So seven years, we're going to rent something that in
the end of seven - in the end, at the five years, it's time to start to buy
another one?
Mr. Williams: Well, the technology changes a lot, and...
Commissioner Dawkins: So why don't we just rent 1t from year to year, and as
the technology changes, we buy another that's more advanced in technology?
Mr. Williams: Well, the difficulty is, it's too expensive to rent it; and
secondly, a lot of these items are not offered on just a pure rental basis
because of the capital investment.
Mayor Suarez: All right.
Commissioner Alonso: So in your expertise, this is the best we can get?
Mr. Williams: Yes, it is the recommendation that this would provide us all of
the typesetting desktop publishing equipment that we could get, Commissioner.
Commissioner Alonso: And we couldn't get a local vendor?
EK
21
April 15, 1993
Mr. Williams:
We could not.
As you well know, we have been very aggressive
with that, and
trying to do the
best we could, but we Could not in
this cases
Commissioner Alonso:
OK, think
you.
Mayor Suarez:
On item CA-2,
any further clarifications? I'll
entertain a
motion on CA-2.
Moved.
Commissioner Plummer: Second. I don't see where we've got a choice.
Mayor Suarez: Call the roll on item CA-2.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-234
A RESOLUTION ACCEPTING THE BID OF VARITYPER, INC., FOR
THE FURNISHING OF DESKTOP PUBLISHING EQUIPMENT ON A
LEASE BASIS FOR A PERIOD OF FIVE (5) YEARS TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE/GRAPHIC REPRODUCTIONS DIVISION AT AN
ANNUAL COST OF $13,957.82, FOR A TOTAL PROPOSED AMOUNT
OF $69,789.12; ALLOCATING FUNDS THEREFOR FROM THE
ACCOUNT CODE NO. 420501-880; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Well, yes, with regrets.
EK 22 April 15, 1993
oyFsz' 191wn' t^^;r 'm!.w` <:�as'c�+-t alfr�yk
h 4
tl6iY�-iiN"ice—ibex----------------------i-----i-------------------r-----irtr sir
6. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO ACCEPT BID OF
HAVIS+SHIELDS EQUIPMENT CORPORATION -- FOR FURNISHING PRISONER TRANSPORT
VAN TO POLICE DEPARTMENT. (See label 44)
rrrs--rrrrY• i---r--r---i--r----r--------ri------rr----r---r----i-----.Y—r—iirrir
Mayor Suarez: Item CA-3. Commissioner Plummer, clarification.
Commissioner Plummer% Mr. Mayor, I pulled CA-3. At the present time, we have
two prisoner vans that we don't hardly ever use, and now we're contemplating
buying a third. I don't see it. I think it's a waste of money. The two vans
that we presently have sit outside there and collect dust in the dust bowl,
and I just don't think we need another one, even though it's free money, but
just to buy it to have it sitting out there in the yard to me is ridiculous.
Lt. Joseph Longueira: Sir, that's not correct. We do use those vans. We
transfer prisoners to Dade County Jail. The South District - bath districts
use them for sweeps of their area and...
Commissioner Plummer: You got two already. Why do you need a third one?
Lt. Longueira: Sir, this van...
Commissioner Plummer: Just like the two motor homes that you bought. They're
not used for what they were bought for; to be a drug -free education. They're
downtown as a substation. I mean, it's crazy. It's just more of the
$90,000,000 that are wasted of taxpayers' money. I'm opposed to it. You have
two vans now. To buy a third one when you don't use the two that you have, I
y think is a waste of money.
Lt. Longueira: Sir, we disagree with that. We do use them.
Commissioner Plummer: Fine.
Lt. Longueira: This van 1s an unmarked van to work with our narcotics units.
Commissioner Plummer: So unmark the other two. Big deal. It's not your
money. If you lived here and you were a taxpayer, you'd worry about it. But
don't worry about it, it's just my money.
Commissioner Alonso: You couldn't find a local vendor?
Lt. Longueira: No, ma'am.
Commissioner Alonso: Why not?
Lt. Longueira: As far as I know, there are no local people that make prisoner
type vehicles. These are special vehicles to transport prisoners.
Commissioner Plummer: That's it.
Vice Mayor De Yurre: Well, can't we take this one and use...
EK 23 April 15, 1993
Commissioner Plummer: Champagne cost with a beer wallet.
Vice Mayor De Yurre: J.L., take this new one, and then take one of the other
ones, the old ones, and use it for something else.
Commissioner Plummer: Of course you could, but they don't understand that,
OK? They got two, they want another one. It's only - let me tell you how
they figure, OK? It's federal money that's coming down that, hey, let's use
It. If you don't, you lose it. Now, you got two sitting out there doing a
hell of a lot of nothing.
Lt. Longueira: J.L., that's...
Commissioner Plummer: But because this is free money, there's going to be a
third one.
Lt. Longueira: That's not correct, Commissioner.
Assistant Chief Raul Martinez: Assistant Chief Martinez. The wagons that we ! i
have right now are assigned to each district and they're transported from each
district for all of the arrests we made. Last year, we made over 50,000 i
arrests, so the wagons were used by all three districts, sir.
Commissioner Plummer: For open containers in Coconut Grove, at $1400 an
arrest, according to the Manager. Mr. Dawkins... r
Assistant Chief Martinez: Well, also for the homicide arrests.
Commissioner Plummer: This, by the way, this is part of, this here, they will i
tell you that this is for the drug stings, where they have the 60 policemen
you talk about, having the drug stings, they need this van.
Mr. Odio: It's funny. I'm hearing something wrong here. Either we arrest
them - when we arrest them, it's wrong, or we're not arresting enough people,
or what 1s this?
7
Commissioner Plummer: Mr. Manager, I would hope that we would be smart enough
to arrest bad guys. Yes, it's against the law to have an open container of
beer on Grand Avenue, or anywhere else in this City. But, you know, I don't
think the people are worried that much about an open can of beer, as they are
a damn gun stuck in their face. That's the difference. +
Commissioner Dawkins: Or crack being sold on the corner.
Mr. Odio: Well, I need to - I wasn't going...
Commissioner Plummer: Crack on the corner, that's every corner down there.
Mr. Odio: I didn't want to get into... We arrested in three...
Commissioner Plummer: I mean, you know, see, that's the problem. His
opinion, that's the problem.
r
EK 24 April 15, 1993
t.
♦
F 4
5;
Mr. Odio: Well, it sure is. We arrested - 640000 arrests this year. They
were good arrests, the total County arrests...
ou sa
Commissioner Plummer: Wait a minute. When
Y y good arrests, let's go to
the chief's own memo as to how many of them were thrown out by the State
Attorneys Office, how many of them were not even tried, how many of then: o l
os t . y u
Mr. Odio: We don't control...
Lt. Longueira: That's got nothing to do with whether they're good arrests,
sir. They are all good arrests.
Commissioner Plummer: Oh, OK.
Mr. Odio: Let me explain something. In the drug sting alone, we arrested
2586 good arrests in three years, out of which 1501, 1501 were repeat
offenders, OK?
Commissioner Plummer: Now, bring me the conviction of those people arrested.
Mr. Odio: We did get a conviction on those people.
Commissioner Plummer: Bring me a conviction of those people arrested.
Mr. Odio: And we got a conviction on those people, and they were released by
the system.
Commissioner Plummer: Not all of them - oh, by the system.
Mr. Odio: Yeah. Why don't you start focusing on the system a little bit
more.
Commissioner Plummer: Well, sir, I've done that also. I've done that also.
Mr. Mayor, go ahead, please. I'm just going to...
Mayor Suarez: Reflect a negative vote or...
Commissioner Plummer: You know, I'm one damned angry taxpayer in this town
that's tired of living behind burglar alarms, bars and walls.
Mayor Suarez: OK. On CA-3.
Vice Mayor De Yurre: Move.
Mayor Suarez: Moved. Second, if I - would somebody please second so at
least we can put it to a vote?
Commissioner Alonso: No, not me, thank you.
Mayor Suarez: I'll second. Call the roll.
Commissioner Dawkins: Call the roll.
EK
25
April 15, 1993
THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND
SECONDED BY MAYOR SUARLI, ITEM CA-3 FAILED BY THE
FOLLOWING VOTE:
AYES: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT: None.
--- - --------------------------------------------------------------------
7. ACCEPT BID: MARTIN'S LAMAR UNIFORMS -- FOR LEATHER GOODS (ON CONTRACT
BASIS) FOR POLICE DEPARTMENT.
Mayor Suarez: Item CA-4.
Commissioner Plummer: Mr. Mayor, I had asked that this item be separated, and
I would like to incorporate two, if I may, in here. It has been brought to my
attention something that I did not realize when we went with the clothing and
the leather. I thought it was for a three-year contract, which I was opposed
to, in trying to save money. And as I know that you wi 11 recal l , that I'm
opposed to people having to take four pairs of pants, whether they need than
or not, and a policeman telling me that he's been painting his house for years
with blue striped pants. I would like to reinstigate on, Mr. Manager, J-93-
185, which is the clothing issue, as well as this, and the provision is there,
that these will be at one year option of the City. If we don't wish to make a
change, we can renew it. If we want to, we have the right, each and every
year, to cancel. So with that provision, 1t really is a one-year contract,
but it gives us the provision of three years, not having to rebid, if we don't
want to. So, Mr. Mayor, if I can, Mr. City Attorney, I want to move four, but
can I incorporate the previous motion with that?
A. Quinn Jones, III, Esq. (City Attorney): Well, you'd have to look at the
bid a-d see what actually...
Commissioner Plummer: It was the recommended bid.
Mr. Jones: Was the actual proposal one year?
Lt. Joseph Longueira: It was a one-year with two one-year extensions.
Commissioner Plummer: Yes, the same. All right. So, Mr. Mayor, I will move
item 4 on today's agenda, and incorporate with the same provisions Motion J-
93-185. I so prove, sir.
Mayor Suarez: So moved.
EX 26 April 15, 1993
.f
t
Commissioner Alonso: Second,
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-235
A RESOLUTION AMENDING SECTIONS 2 AND 3 OF RESOLUTION
NO. 93-161, ADOPTED MARCH 11, 1993, ACCEPTING THE BID ! OF MARTIN'S LAMAR UNIFORMS FOR THE FURNISHING OF
UNIFORMS, ON A ONE YEAR CONTRACT BASIS, FOR THE `
DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF
I
$381,133.00, ALLOCATING FUNDS THEREFOR FROM THE
OPERATING BUDGET, ACCOUNT CODE NO. 290201-075, THEREBY
(A) INCLUDING THE OPTION TO EXTEND SAID CONTRACT FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AND (B)
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF # _
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
SUPPLIERS AND THEREAFTER TO EXTEND THIS CONTRACT FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, PROVIDING FOR
INCREASES AS STATED IN MARTIN'S LAMAR UNIFORMS BID
RESPONSE, AND SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 93-235.1
A RESOLUTION ACCEPTING THE BID OF MARTIN'S LAMAR
UNIFORMS FOR LEATHER GOODS ON A CONTRACT BASIS FOR A,
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS FOR THE
DEPARTMENT OF POLICE AT A TOTAL PROPOSED FIRST YEAR
COST OF $67,405.00; ALLOCATING FUNDS THEREFOR FROM THE
OPERATING BUDGET ACCOUNT CODE NO. 290201-075;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE
SUPPLIES AND THEREAFTER TO EXTEND THIS CONTRACT FOR a .
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, PROVIDING FOR
INCREASES AS STATED IN MARTIN'S LAMAR UNIFORMS BID
RESPONSE, AND SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
Ek 27 April 15, 1993
_-Owl.!
I NOR
AYES3 Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor be Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
Mayor Suarez: item CA - does that dispose of CA-31
Commissioner Plummer: Yes, sir.
Mayor Suarez; CA-4.
Commissioner Plummer: No, no, that was 4.
Ms. Natty Hirai (City Clerk): No, no, that was CA-4.
f —
Commissioner Alonso: That's 4.
E
Mayor Suarez., That disposes of it. R
Commissioner Plummer: Yes, sir.
- -------------------------------------------------
S. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES TO CONSTRUCT AND
MAINTAIN A PEDESTRIAN OVERPASS OVER AND ACROSS N.E. 15 STREET BETWEEN
OMNI METROMOVER STATION AND OMNI COMPLEX.
----------w--r-M-------N----------N---------si----------------------------- {
Mayor Suarez: CA-6. ±:
Commissioner Plummer: Mr. Manager, normally, when these people are allowed to=t
t:.
hook up, they make a contribution to the overall system. Have these people
offered a contribution?
Mr. Jim Kay: No, sir, they have not.
Commissioner Plummer: Why not?
Mr. Kaye: Northeast...
Commissioner Plummer: I move that the matter be deferred and you go back and
talk to these people to give them the right to have a contribution for the
overall cost. I so move.
Commissioner Dawkins: Second.
Mayor Suarez: Who are they?
EK 28 April 159 1993
s
Commissioner Alonso: Equitable,
Commissioner Plummer: Equitable Life Insurance. A little company around the
corner.
Mayor Suarez: Move to defer. Seconded. Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS, ITEM CA-6 WAS
DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor Be Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: And the other one was 15.
Ms. Hirai: Excuse me.
Commissioner Plummer: Hold on.
Mayor Suarez: Item 15.
Commissioner Plummer: Fifteen. I have a problem there, Mr. Mayor...
Ms. Hirai: Excuse me, Mr. Mayor.
Commissioner Plummer: ... and to be consistent and on the record...
Ms. Hirai: You vote yes on the deferral?
_ 7--- --- -------- N------------------N---------Y--uY----N------A-1--i-----Y
9. AUTHORIZE PAYMENT OF JUDGMENT: NORMA ARCIENIEGAS AND HER ATTORNEY
CARLOS E. CASUSO ($24,586.68).
------------------ --` _------ --
Commissioner Plummer: Mr. Mayor, as you know, to be consistent in nay all of
the time voting in... opposed to paying a person who has been injured and
guarantee the payment to his attorney, I think it is wrong. This Commission
should not serve as a collection agency for a lawyer, and as far as I'm
concerned, the money should go to the person who was injured, and whatever
agreement he had with his lawyer, they should pay among themselves, and we ;
should not be here to guarantee the lawyer, and I will object. as I always
EK 29 April 15, 1993
have, to
each and every one
of these that always come up, because I
think it's
wrong.
Mayor Suarez: Have we made any progress on establishing a different system,
Mr. City Attorney, that the court could supervise the payments and...
A. Quinn Jones, Ili, Esq. (City Attorney): As I indicated before, it's not
within the province of the court to be the guardian of funds and whatever
else. I :Wean, this is...
Mayor Suarez: Have we made any progress towards solving the City
Commissioner's concern?
Mr. Jones: Mr. Mayor, this is - as I indicated before, and I will reiterate,
this is the process that all attorneys use. All parties are protected...
Commissioner Plummer: That don't make it right.
Mr. Jones: Well,, it makes it right because it protects everybody concerned.
Normally when there's a lawsuit, we're put on notice that a hospital has a
lien or whatever else. If we pay knowing that that lien is outstanding, the
City could be on the hook for the money. So this is why we do it this way, to
protect all the parties concerned.
Commissioner Plummer: You're not really doing that, because you've read and
I've read where certain attorneys got money and absconded with the money, and
the person that was affected never got the money.
Mr. :ones: Well, that's between that attorney and his client.
Commissioner Plummer: Well, it is after we give him the money.
Mr. Jones: Well, that's between the attorney and the client. We don't have a
contract with that particular client.
Commissioner Plummer: Look, I understand you're an attorney, and you want to
be guaranteed your money, and this is one way of you attorneys guaranteeing
that you will get paid regardless. God bless you. I wish we had the same
thing in the funeral business.
Mayor Suarez: All right. I guess the answer is, we've made no progress.
Commissioner Plummer: That's for sure, sir.
Mayor Suarez: On item CA-15 then, I'll entertain a motion. What is the total
amount of the settlement?
Commissioner Alonso: $24,000...
Mr. Jones: Judgment. This case went to trial. The City was found 40 percent
negligent.
Mayor Suarez: What is the total amount of the judgment?
EK 30 April 15, 1993
Y
r!
Mayor Suarez: Thank you. 1'11 entertain a motion on it.
stove it.
Commissioner Alonsos Yes, I do.
Somebody please
Mayor Suarez: Moved. Thank you, Commissioner.
Vice Mayor De Yurre: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-236
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY NORMA ARCIENIEGAS AND HER ATTORNEY, THE LAW
OFFICES OF CARLOS E. CASUS09 THE SUM OF $249586.68, IN
FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS,
DEMANDS, AND JUDGMENTS AGAINST THE CITY OF MIAMI,
PURSUANT TO THE FINAL JUDGMENT FOR PLAINTIFF, AS
ORDERED BY JUDGE GERALD T. WETHERINGTON OF THE
ELEVENTH JUDICIAL CIRCUIT COURT ON MARCH 5, 1993, CASE
NO. 91-22207 CA 15. WITHTHE INSURANCE AND SELF SAID INSURANCE TRUST FUND.VIDED
FUNDS TO BE PR
FROM
(Her
FRO
eoe Clerk.)
here and on
file inthe Officof the City Cl
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, may I ask...
Mayor Suarez: And by the way, Commissioner, if you would like, I can write a
letter to the chief judge and see if we can't come up with a different system.
I kind of had hoped the City Attorney would undertake to find a solution to
it, but if he doesn't want to try it, I'll go ahead and try it if you'd like.
Mr. Jones: Mr. Mayor, it's not that I haven't tried. I have tried. I'm
telling you, and you should know thiss that the Court will not get involved...
EK
31
April 15, 1993
Mayor Suarez: All right. My conclusion is that you have not tried hard -
enough. That's my judgment, sir...
Mr. Jones: Well, well... -
Mayor Suarez: ... and I'm willing to try on behalf of this Commission.
Commissioner Dawkins: i so move.
Mayor Suarez: And if the City Commissioner wants me to do it, I will do so...
Commissioner Dawkins: I so move.
Commissioner Plummer: I think it's worth a try.
Mayor Suarez: ... regardless of your views, Mr. City Attorney.
y �-
------------------------------------ - - - -- --- -- - ---- --- --- —
10. (A) DISCUSSION CONCERNING NEWSPAPER ARTICLE WRITTEN BY MR. LAWRENCE KAHN
CONTAINING ALLEGATIONS INVOLVING MR. MATTHEW SCHWARTZ (DOWNTOWN
DEVELOPMENT AUTHORITY). -
(B) DISCUSSION CONCERNING ALLEGED DISCRIMINATORY PRACTICE FOLLOWED BY s -
CITY COMMISSION WHEN APPOINTING A COMMISSIONER TO A CITY BOARD, j =
TRUST, ETC.
i
----------------------------------------------------------------------------.--
4
Mayor Suarez: Now, what item are we on, Mr. Commissioner?
Commissioner Plummer: Mr. Mayor, may I ask a question, sir? Because I've got
a little bit of a problem here. Of you or Mr. De Yurre, you have on the ODA t
(Downtown Development Authority) a Mr. Larry Kahn, K-A-H-N?
s
Mayor Suarez: Yes.
i
Commissioner Plummer: What does he do, sir?
Vice Mayor De Yurre: He's a developer, I believe.
Commissioner Plummer: I would like Mr. Kahn to be invited to come before this
Commission to explain his statement in an article in Miami Today, of April
15th, in which he states: "I've never seen a group like this that tells its
executive director who to hire," Mr. Kahn said. He added that the one problem
in the past was Mr. Schwartz was told by City Commissioners to hire specific
people. And I'd like to know who those "specific people" are that these
Commissioners told to hire. Now, the man...
Commissioner Atonso: The DDA?
Commissioner Plummer: That's exactly...
Commissioner Atonso: Works here?
y
EK 32 April 15, 1993
- 3
- a�'ac.":iWTf�nVL. .z. •.. ..—v,4`f'S-0; �v NbYb4; �'
Commissioner Plummer: Wei1, no. Obviously, he's a board - is he a board
member, or is he a staff person?
Vice Mayor De Yurre: He's a board member.
Commissioner Alonso: He's a board member.
Commissioner Plummer: A board member. So I would like that gentleman 'to have
the opportunity to come before this City Commission and tell us if he knows
when he makes these kind of statements who these Commissioners told Mr.
Schwartz to hire.
Commissioner Alonso: Yes,
Commissioner Plummer: I'd like to know that, sir.
Commissioner Dawkins: And who the Commissioner was who told him.
Commissioner Plummer: Exactly.
Commissioner Alonso: Exactly.
Commissioner Plummer: Exactly. So Mr. Manager, sir, I'm asking of you, sir,
to please send a letter to Mr. Kahn, to give him the opportunity to come down
here and back up what I think are some heavy allegations...
Commissioner Alonso: Yes.
Commissioner Plummer: ... and let's find out.
Commissioner Alonso: Furthermore, we get the people in the last ten years
that have worked and work for DDA, and the gentleman can refer to this case.
Commissioner Plummer: And Victor... {
Vice Mayor De Yurre: You know, my understanding is, you can't, as a
Commissioner, tell employees what to do. _
Commissioner Plummer: Well, that's why I take exception to this statement;
OK?
Vice Mayor De Yurre: Certainly.
Commissioner Alonso: That's very good. That's very good.
f�
Commissioner Plummer: And Victor, I want to thank you. Without my going yet`
to the DDA, it says here in this article...
Commissioner Alonso. Excellent.
Commissioner Plummer: ... they say that they are already reorganizing very
quickly DDA, because they hear that Plummer 1s coming as the chairman. So
before I even get there, they're completely reorganizing DDA. And they've
EK 33 April 15, 1993
owi
i(
also heard that Odalys is going to be the new executive director of the DDA.
So I thank you, sir, far...
Vice Mayor De Yurre: Well, the reorganization is taking place before I
leave...
Commissioner Plummer: That's great. That's good, sir.
Vice Mayor De Yurre: ... so that when you go in there, it's already in place.
Commissioner Plummer: That's what I've been saying for years.
Vice Mayor De Yurre: Just like...
Commissioner Plummer: It cries out for reorganization.
Vice Mayor De Yurre: ... just like I hope you're doing the same thing for me
over at the ITB (International Trade Board) before I get over there.
Commissioner Plummer: I thank you, sir. I'll leave it in good shape for you.
Vice Mayor De Yurre: Good. '—
Commissioner Alonso: It's amazing how these people divide the pie up here, and they only divide it four ways.
Commissioner Dawkins: That's right. 1 agree with you.
Mayor Suarez: I don't know about any employees at DDA being hired at the... {
Commissioner Alonso: That's amazing. The two ends, they decide, he goes to
DDA, he decides he goes to ITB. It's incredible. And then they don't count
with the rest of us. We don't count.
Commissioner Plummer: No, wait, a minute, wait a minute. Wait a minute. You
forgot about Miller. You forgot about Miller to the fountain.
Commissioner Alonso: This is incredible.
Mayor Suarez: I don't know about any employees that were hired at the request
of...
Vice Mayor De Yurre: It's a great country.
Commissioner Plummer: Well, sir, I don't either, OK? But when statements
like...
Mayor Suarez: Well, there's one - I just want to say...
Commissioner Alonso: That's why it's important to fight back.
Mayor Suarez: Wait a minute, wait. I just want to say...
£K 34 April 15, 1993
Commissioner Plummer: When statements like this are made in the media, and
they're not challenged, they're assumed that it's correct.
Mayor Suarez: I just want to say, there's one that walks around with a little
sign on the back that says, "Recommended by J.L. Plummer." I don't know if
that means anything.
Commissioner Plummer: I told him not to wear that shirt.
Commissioner Alonso: That's a good one.
Mayor Suarez: Ail right. Madam City Clerk, were we supposed to approve
minutes of the last...
Commissioner Plummer: Sir, it was not "Recommended by J.L. Plunder." It was,
"Vote for J.L. Plummer for reelection."
Mayor Suarez: That's what it was. All right.
Commissioner Plummer: That was the shirt he was wearing.
Mayor Suarez: It said, "I recommend J.L. Plummer." Do we have to vote on the
prior minutes?
Ms. Hirai: On the minutes, yes.
Vice Mayor De Yurre: Mr. Mayor, before we get into that, we were talking
about these boards. Is this coming before us in May to discuss the boards?
Commissioner Plummer: Yes - no. It's effective in June. It comes before us
in May.
Vice Mayor De Yurre: Well, that's what I'm saying. Is it going to come
before us in May?
Commissioner Plummer: Yes, sir.
Commissioner Alonso: Yes.
Vice Mayor De Yurre: Make sure it's on the agenda.
-------------------------------------------------
MOTE FOR THE RECORD: On a motion duly made by
Commissioner Plummer and seconded by Commissioner Alonso,
the minutes of Commission meetings of January 28, and
February 9 and 25, 1993, were approved by the Commission.,
- --- - - - - ----------- - -- ----- - - -- - - -- -- - - -- -- - - -- - -
EK 35 April 15, 1993
F
y
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±
s
iiiiilYi�11P�i7nii�isrlil'Y1Y`�1iA+YlYIIiJi W 1V►ilb.DiHflf.lii W JYiliiiYilliiiliiii+—��ri�ii�riFriiiirieiririiiiirrrr=
11. EMERGENCY
ORDINANCE:
ESTABLISH NEW
SPECIAL REVENUE FUND: DRUG ABUSE
RESISTANCE
EDUCATION
r- ACCEPT GRANT
($44,942) FROM METROPOLITAN CADE
COUNTY.
----r--------ir----i--------- —i-----------r-riff r1iYi
Mayor Suarez: Item 2, emergency ordinance. Thank you Commissioner. New
special revenue fund...
Commissioner Alonso: Move it.
Mayor Suarez: ... drug abuse resistance education. Moved.
Commissioner Plummer: Mr. Mayor, just for the record, I have made sure that
the total cost of this is the $44,000 and no additional funds will be required
of the City.
Commissioner Alonso: No matching funds from the City of Miami.
Commissioner Dawkins: Where are we, what item?
Mayor Suarez: Item 2, emergency ordinance.
Commissioner Plummer: Can somebody justify - I doubt that you can, but
justify the emergency reason?
Mr. Odio: We have to reimburse this current year, the school - and during the
school year, we have to make an imbursement, so that's why. There are no
matching funds required by the City.
Commissioner Alonso: That's right. _
Commissioner Plummer: It's a great emergency. We've only known about it six
months. Move item 2, Mr. Mayor.,
Mayor Suarez: Moved.
Commissioner Alonso: I already did, so second.
Mayor Suarez: Seconded. Thank you. Read the ordinance. Call the roll. } -
AN ORDINANCE ENTITLED-
- ,
AN EMERGENCY ORDINANCEESTABLISHING A NEW SPECIAL —
REVENUE FUND ENTITLED: "DRUG ABUSE RESISTANCE `
EDUCATION"; APPROPRIATING FUNDS FOR ITS OPERATION IN
AN AMOUNT NOT TO EXCEED $44,942; AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT OF $44,942 FROM METROPOLITAN
—= DADE COUNTY; CONTAINING A REPEALER PROVISION AND A _
SEVERABILITY CLAUSE.
EK 36 April 15, 1993
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer, For adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
Following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
_ Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Alonso and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11059.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
12. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: SOLID WASTE
REDUCTION: RECYCLING AND EDUCATION (FY 193) -- APPROPRIATE $491,033
_ CONSISTING OF A RECYCLING PROGRAM GRANT FROM STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 3, emergency order.
Commissioner Plummer: Mr. Manager, should this not be taken up in the
afternoon when we talk about the other recycling?
Mr. Cesar Odio (City Manager): No. You can accept this grant, and we will
not spend it until we bring it back to you, to the specific expenditure.
Commissioner Plummer: OK. Can I...
EK 37 April 15, 1993
Commissioner Alonso: And they're going to spend it anyway, regardless of what
we do, we have to...
Mr. Odio: We have to spend it, but we need to accept this money.
Commissioner Plummer: Well, yeah, because even...
Commissioner Alonso: ... for education, for...
Commissioner Plummer: ... even if their company were selected, it will be two
years.
Commissioner Alonso: Sure.
Commissioner Plummer: But, Mr. Williams, what are you presently - we're
spending the money now to pick up recyclables. What are you doing with the
paper, cardboard and magazines today that you pick up?
Mr. Ron Williams (Assistant City Manager): We have a contract with a
provider. i believe it used to be Durbon. I think the name has changed, but
we're basically delivering it to that company.
Commissioner Plummer: And do they charge you anything to get rid of it?
Mr. Williams: I think at this point there is no charge. However,
Commissioner, that market fluctuates, as you know, based on what the demand is
out there.
Commissioner Plummer: Because - we'll go into it this afternoon. Would you
make sure of that.
Mr. Williams: Yes, sir.
Commissioner Plummer: Because every one of the companies that have bid out of
the other scenario are talking about they're going to charge us a regular
tonnage for those papers, cardboards and magazines, 1f what I'm told, 30
percent is of the total 1s that, that's over $4,000,000 a year that we're
going to pay than to burn or to dispose of. And if we're getting rid of it
for free right now, I don't know why we should be paying them $4,000,000.
It's an interesting concept.
Commissioner Alonso: Very much so. s:
Mr. Williams: I'll get the most current charges and/or payments on all of the
recyclables.
Commissioner Plummer: All right, sir, that's - you know, I know that the
bottom of the market has dropped out of everything but almost aluminum. And
I'm told that's not too steady right now. OK, thank you, sir.
Mayor Suarez: All right.
Commissioner Plummer: Mr. Mayor, I will move three.
EK 38 April 15, 1993
r1 �"" w - -
Mayor Suarez: Thank you.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please read
- the ordinance.
Commissioner Plummer: Justifying the emergency, Mr. Manager.
Mr. Odio: The reason for this emergency is that we have to - to timely invest
these grant funds within the parameters imposed by the grant agreement, and to
demonstrate the City's good faith effort in compliance with the statutory
mandate.
Mayor Suarez: OK. Call the roll, please.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCEESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION:
RECYCLING AND EDUCATION (FY193)"; APPROPRIATING FUNDS
FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN
ACCORDANCE WITH SECTION 403.706(4), FLORIDA STATUTES,
IN THE AMOUNT OF $4911,033 CONSISTING OF A RECYCLING
PROGRAM GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENT REGULATION, IN ACCORDANCE WITH THE STATE
OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17-716
AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor Be Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
EK 39 April 15, 1993
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J, L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11060.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------ -----------------------------------------------------
13. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN 1993 -- APPROPRIATE $297,108 CONSISTING OF
A GRANT FROM THE U.S. DEPARTMENT OF AGRICULTURE THROUGH FLORIDA
DEPARTMENT OF EDUCATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 2 - 5, I'm sorry.
Commissioner Alonso: Four. I move item 4.
Mr. Cesar Odio (City Manager): Let me put on the record that we need to pass
it as an emergency item to meet the time constraints and deadlines for
contract execution as required by the State of Florida, and to ensure that
funds are in place prior to the start of the summer program.
Mayor Suarez: Thank you for stating the reason for the emergency on item 4.
We have a motion. Do we have a second, Madam City Clerk?
Ms. Natty Hirai (City Clerk): No, sir, we don't.
Commissioner Dawkins: Second for discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Have the bids been received? I mean, although we
piggyback on the County, has the County alerted us of the vendor they're
_ planning to use and the cost?
Commissioner Alonso: That's item 5, right.
Mr. Alberto Ruder: The bids have not been received yet, and I think they're
due in the next couple - 21st of April.
Commissioner Dawkins: So therefore, we - I'm asking for information only, Mr.
_ Ruder. So therefore, we should pass 4 and let you come back with 5, once we
know who is it; or do you want both of them passed now?
EK
40
April 15, 1993
r
ou passed
let
Mr. Ruder: Well, it would be a tot easier if for ner 5,b because we'relalso
you know, we'll inform you of who is selected
Ding to have to wait till May, which is s your next Commission meeting, and
that's going to complicate the whole thing
Commissioner Alonso:
Mr. Ruder: Yes.
Commissioner Alonso:
expensive if...
Mr. Ruder: Right.
Commissioner Alonso:
Mr. Ruder: Right.
Commissioner Alonso:
Commissioner Dawkins:
It will delay the process then.
And the reason that we are joining in is that it's less
i
because of the number of people served, right?
OK. Thank you.
No further questions.
Mayor Suarez: OK. Read the ordinance, please.
4 -
call the roll.
4
AN ORDINANCE ENTITLED -"SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1993"
AN EMERGENCY ORDINANCEESTABLISHING A NEW SPECIA
REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGP
JM
FOR CHILDREN 1993" AND APPROPRIATING FUNDS FOR TH
OPERATION OF SAME IN THE AMOUNT OF $2979108 CONSISTIN
OF A GRANT FRO14 THE UNITED STATES DEPARTMENT
AGRICULTURE THROUGH THE FLORIDA DEPARTMENT
EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT T
GRANT AWARD FROM THE UNITED STATES DEPARTMENT
AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S
IN A FORM CONTAININGACCEPTABLE TO THE CITY A REPEALER ATTORNEY,FOR
FOAND
H
SEVERABILITY CLAUSE.
PURPOSE;
L
I
'
G
OF
OF _—
HE r
OF
,
S E
A
ner
Was introduced by Cormiissione enclo measure andnso and dispensingnded ithiothe
Dawkins, for adoption as an emergency
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
41
ner
Was introduced by Cormiissione enclo measure andnso and dispensingnded ithiothe
Dawkins, for adoption as an emergency
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
41
eupon the Commission on motion of Commissioner Alonso and seconded
Wher
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 11061.
The City Attorney read the ordinance into the C1tyic record and
Camnission and
announced that copies were available to the members of the
to the public.
- --------------------------------------------------- ----
14. AUTHORIZE METROPOLITAN BADE COUNTY, ON BEHALF OF THE CITY, TO ADVERTISE
FOR, EVALUATE AND ACCEPT BIDS TO PROVIDE U.S. DEPARTMENT
(USDA) APPROVED - g3 - GIBLE AUTHORIZEDREN FOR NECESSARYHE CITY'S SUMMER CONTRACTS SUBJECT PTO
SERVICE PROGRAM
CITY'S ACCEPTANCE OF A GRANT ($297,108) FROM USDA THROUGH FLORIDA
DEPARTMENT OF EDUCATION.
Mayor Suarez: Item 5.
Commissioner Alonso: I move 5.
Mayor Suarez: So moved.
Commissioner Plummer: Que ma1o.
Commissioner Dawkins: Second.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion on item 5? If not, please call the
roll.
EK 42 April IS. 1993
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-237
A RESOLUTION AUTHORIZING METROPOLITAN DADE COUNTY ON
BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR,
EVALUATE, AND ACCEPT THE BIDS) OF A VENDOR OR VENDORS
TO PROVIDE UNITED STATES DEPARTMENT OF AGRICULTURE
(USDA) APPROVED MEALS TO ELIGIBLE CHILDREN FOR THE
CITY'S SUMMER FOOD SERVICE PROGRAM - 1993; FURTHER
AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO THE
NECESSARY CONTRACT(S) WITH THE SUCCESSFUL BIDDER(S)
FOR THIS PURPOSE AND AUTHORIZING THE CITY MANAGER TO
DIRECT THE CHIEF PROCUREMENT OFFICER TO ISSUE THE
NECESSARY PURCHASE ORDER(S), SAID AUTHORIZATIONS BEING
SUBJECT TO AND CONDITIONED UPON THE CITY OF MIAMI'S
ACCEPTANCE OF A GRANT IN THE ESTIMATED AMOUNT OF
$297,108 FROM USDA THROUGH THE FLORIDA DEPARTMENT OF
EDUCATION AND UPON APPROPRIATION OF SAID FUNDS FOR THE
1993 CITY'S SUMMER FOOD SERVICE PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
EK 43 April 15, 1993
y,ys x
��r
i�il� �Y•Ys���r���r�Y�i��irrr��+Y Y•--err---------------------------r— — — — — — — — — — — — — — - — YY-----
is. JA) DISCUSS AND DEFER PROPOSED EMERGENCY ORDINANCE TO AMEND CODE CHAPTER
99 ARTICLE 11 (SIDEWALK AND STREET VENDORS) -- TO ESTABLISH LOTTERY AND —_
COMPETITIVE BIDDING PROCEDURES FOR ASSIGNMENT OF VENDORS' SPECIFIC
VENDING ZONES IN COCONUT GROVE SPECIAL VENDING DISTRICT.
(B) BRIEF COMMENTS CONCERNING MEASURES INSTITUTED ENSURING NEW CITY
EMPLOYEES WILL REMAIN LIVING IN CITY.
(C) DISCUSSION CONCERNING PROPOSED FOREIGN TRADE ZONE AND THE WYNWOOD
ECONOMIC DEVELOPMENT CORPORATION.
(D) DIRECT ADMINISTRATION TO ESTABLISH A FEE SCHEDULE BY WHICH THE CITY
CAN INSTITUTE USAGE FEES FOR USE OF CITY STREETS AND RIGHTS -OF -WAY
AREAS.
------------------------------------------------------------------------------
Mayor Suarez: Item 6. Emergency ordinance...
Mr. Cesar Odio: Mr. Mayor Mayor, I'd like to defer that item. These people
agreed to keep on talking, and we'll bring it back as soon as they...
Commissioner Dawkins: All right, I will tell you...
Commissioner Alonso: So we table or defer? ,
Mr. Odio: Table it. Defer...
Commissioner Dawkins: OK. I'm going to tell you, when you bring it back, I'm
only voting - me, personally - for lottery. I am not voting for you to bid
the jobs out, the spots out, because in my opinion that's unfair. People with
money can bid the highest for the choicest slot, and the individual without
money would not be able to bid.
i
Commissioner Plummer: They just buy more lottery tickets.
Commissioner Dawkins: So therefore, I will only be voting for lottery.
Commissioner Plummer: They'll buy more lottery tickets.
R
Commissioner Dawkins: But if you don't have the five numbers, you don't win.,
Commissioner Plummer: Let me tell you, there's no question in my mind that
the system, as I said once before, isn't working. It's not going to work. I
think that you ought to have a system in which names are put in by a certain
date. !
Commissioner Dawkins: That's a lottery.
Commissioner Plummer: On a Saturday at noon, and then ten names are pulled `
out of that, and those are the ten for the week, or for a weekend, or for
month, or whatever. But let me tell you something, the way it is down there
right now, from what I'm looking at, it's a monopoly. It's a monopoly, and I
think that's wrong. And I also want to know, what does the City get out of
the use of public right-of-way? Do they pay the City anything besides an
occupational license?
F ;
EK 44 April 15, 1993
b
Vice Mayor De Yurre: they better pay us, and that's one of the issues that
I'm concerned about. -
Commissioner Plummer: Well; let's ask the question.
Mr. Wally Lee (Assistant City Manager) Under the present ordinance, nothing,
sir.
Commissioner Plummer: Under the present ordinance. What about the proposed
ordinance?
Mr. Odic: Then if you're going to do that, you should review Flagler Street,
because...
Commissioner Plummer: I have no problem with that, sir.
Mr. Odic: I think we should, because they are - they are an obstacle down
—
there. To make the street look better - they are dirtying up the sidewalks
and...
Commissioner Plummer: I'll ask my question again. Relating to Coconut Grove,
of which we are speaking, do they pay under the proposed ordinance anything to
the City?
Mr. Lee: One of the proposals is yes. In other words, they would bid on the
-
- spot, up to $5,000.
Commissioner Plummer: That's out. Do they pay...
_ Vice Mayor Be Yurre: What? Do we have to set a flat amount for square
i
footage...
'
Commissioner Plummer: Flat fee. Are they going to pay $100 a day to the City
t
to be able to do business in competition with merchants who have to pay ad
valorem taxes, and provide bathrooms?
Vice Mayor Be Yurre: Just like we rent for the sidewalk cafes, they pay per
square footage of the space that they use up. It shouldn't be any different.
Commissioner Plummer: Mr. Lee, let me - also, i was downtown yesterday, OK?
And we have designated certain spots in Downtown Miami. But let me tell you
what they're doing, and it's incredible. Instead of taking their cart and
putting it over, out of the way, at the edge of the curb, they got it in the
middle of the sidewalk where you have to walk around them. They are forcing
people to - hey, I'm here, you can't miss me. And I'm saying, sir, that
somebody needs to go down there, and somebody needs to enforce that these
s `.
people are not impeding pedestrian traffic. And also, Mr. Lee, I'm going to
tell you one more time. At Bayfront Park, which this City has to put subsidy
= into, we designated certain vendor spots across the street on Biscayne
Boulevard. Sir, it is not being enforced, OK?
Mr. Lee: Yes, sir.,
µ
�
EK 45 April 15, 1993
�'
Mayor Suarez: OK.
Commissioner Plummer: Are we deferring this now, or what?
Commissioner Alonso: Yes.
Mayor Suarez: Did you say "defer" or "table"?
Commissioner Alonso: Defer, table.
Mayor Suarez: Defer is what you meant, right?
Commissioner Plummer: OK, whatever. Whatever you...
Mr. Odio: Table - defer, defer.
Mayor Suarez: Table would be for later on, action later on today.
Commissioner Alonso: Later on.
Mr. Odio: Deferred for 60 days.
Commissioner Plummer: Well, I like Mr. De Yurre telling you, sir, that's it
got to be - I'm sorry - Commissioner Dawkins. It's got to be a lottery.
you're going to put the names in a bucket, and if it's 400 names, ten will be
pulled out, and that's who's going... As long as they have - the problem
you're going to have, Victor, is, you know, we passed an ordinance saying that
they could only use a cart with wooden wheels that are overcast with no
electric and batteries, and that's going to be a problem of who owns those
carts.
Commissioner Alonso: Yeah, but if we are going to do it that way, I think we
should be certain that our local vendors - remember, we have people that comae
a few months a year.
Commissioner Plummer: Always priority. Always priority to the City
residents.
Commissioner Alonso: And then we have to be sure that the local vendors are
the ones that are included, and stay there the whole year, because I don't
think it's fair that the ones that come just part of the year make money here
and go back to wherever they are coming from. I don't think that's right.
Vice Mayor De Yurre: I think we're talking about a one shot a year lottery;
not an every month kind of lottery.
Commissioner Alonso: Yes, but they come and work only three months, four
months a year, and leave.
Commissioner Plummer: Residents.
Commissioner Alonso: They don't say for the whole year.
Commissioner Plummer: Bona fide residents.
EK 46 April 15, 1993
sir
;I -A
A� q
9
Commissioner Alonso: And only those who stay - like Howard stays all year,
people like that...
Commissioner Plummer: Well, let me tell you...
Commissioner Alonso: ... stay all year.
Commissioner Plummer: Miriam, let me tell you what I found out this week.
Mr. Manager, you better be aware of this. And it came out in Mi l l er's this
morning. I was amazed. This Commission passed a thing that says that all
since January 1, and we agreed with Charlie Cox, new hirees would be residents
of the City of Miami. Sir, I beg of you to go back and check the hirees that
you have hired since January 1, and see how many of them still live in the
City of Miami, who took out an address, or rented an apartment...
Mr. Odio: They'll be fired.
Commissioner Plummer: ...then get the job, and then left, sir.
Mr. Odio: There is - if they did that, they will be automatically fired.
Commissioner Plummner: OK. I don't know that you can force them to stay in
the City once they're hired.
Mr. Odio: Yes, you can. Yes, you can.
Commissioner Plummer: Well, if you do that provision...
Mr. Odio: The rules that we have established...
Commissioner Plummer: Sir, I ask you to go back and check.
Mr. Odio: The rules that we have established clearly indicate to any new
hirees that we're going to be checking up on their bills and their residency
status, and if they do not comply with it, they will be fired on the spot.
Commissioner Plummer: They did comply at the time of being hired.
Mr. Odio: Weil, save me a lot of work.
Commissioner Plummer: OK.
Mr. Odio: If you know of anyone specific, let me know, because as of right
now, we will let him go immediately, or her.
Commissioner Dawkins: I think if you let somebody go, you're in for a hell of
a lawsuit.
Commissioner Plummer: That's the problem.
Mr. Odio: Sir, we told them before we hired them.
CK 47 April 15, 1993
a r-
Commissioner Dawkins: I don't care what you told them and they told you, they
have a clause, what you call it, grandfathered in...
Mr. Odio: Oh, you're talking about the Fire Department.
Commissioner Dawkins: because you allowed Miller Dawkins to move five
years ago, you cannot prevent me from moving yesterday.
Commissioner Plummer: No, it's not the police department.
Mr. Odio: No, sir, Commissioner...
Commissioner Dawkins: OK.
Mr. Odio: ... the Fire Department, we cannot enforce that, because we fully _
understand, they have that grandfather in and that has to be negotiated out.
But the civilian employees, they know when they are hired that they have to...
Commissioner Dawkins: It was negotiated - I mean, they gave that right up?
You negotiated that right out of their contract?
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK, no problem.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: Yes, sir.
Commissioner Plummer: You know, I want to tell you something. Can I get to
another issue very quickly? I'm sorry for reading. But, you know, somewhere,
Miami Today, and I love the people there, I don't know Laura Erwin, but listen
here. Unless I'm wrong - please tell me if I'm wrong - this is an article in
reference to the Wynwood Free Trade Zone.
Mayor Suarez: Yes, sir.
Commissioner Plummer: And it says here in this article that Bill Rios says it
wilt take $250*000 out of the County tax coffers, said Bill Rios, director of
the Wynwood Economic Development Corporation, which owns a license to operate
a free trade zone in the Wynwood area.
Mayor Suarez: That's correct.
Commissioner Plummer: He owns that license, sir?
Mayor Suarez: The Wynwood Economic Development entity owns the license, like
the Greater Miami Free Trade Zone Corporation owns the other one. The same
situation. You have a private...
Commissioner Plummer: But Bill Rios owns it?
Mr. Odio: Not Bill Rios. The...
EK 48 April 15, 1993
4
Mayor Suarez: The Economic Development entity, yes.
Commissioner Plummer: All right, sir. Then I stand corrected.
Mr. Odio: Yes.
Mayor Suarez: Although it was obtained at the behest of the City, and it is
thought to be, you know, it's a quasi -public entity, as much as any that I've
ever heard for a foreign trade tone.
Commissioner Plummer: May I inquire, if I - Mr. Mayor, I was out...
Commissioner Dawkins: That's what I thought, too, but I believe Bill said no.
Mayor Suarez: Sometimes he acts more like it's a private...
Commissioner Plummer: I was out for that half a day, and I know that the free
trade zone matter came before this Commission.
Mr. Odio: It's back here today in the agenda.
Mayor Suarez: No, we didn't resolve it that day. Again, it did not come
back.
Commissioner Plummer: But it will come up today so I'll be up to speed.
Mayor Suarez: Yes, you'll get your turn at bat today.
Commissioner Plummer: All right, sir. Thank you.
Mayor Suarez: All right, thanks. On item - what's the item that we're
deferring?
Mr. Odio: Six.
Mayor Suarez: Is there a motion on the table to defer, Madam City Clerk?
Commissioner Plummer: So move.
Commissioner Alonso: Second.
Mayor Suarez: So moved, and seconded by Commissioner Alonso. Call the roll.
Mr. Odio: May I ask a question, Mr. Mayor, before the vote?
Mayor Suarez: Yes, sir.
Mr. Odio: Are we going to include in this the Downtown people also on the
fees?
Commissioner Plummer: In the interest of fairness, yes.
Mr. Odio: On the fees.
EK 49 April 15, 1993
5 J=
3
Mayor Suarez: Is that your recommendation?
Mr. Odio: Yes, sir, it is.
Mayor Suarez: OK. Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER.ALONS09 ITEM 6 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso =
Commissioner Miller J. Dawkins —_
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: Excuse me, Mr. Manager...
Mayor Suarez: Yes, sir.
Commissioner Plummer: For this vote, you better establish a fee to the City
of Miami for the use of public right-of-way.
Mr. Odio: That's right. OK, fine.
Commissioner Plummer: Just as Victor said, just like sidewalk cafes,
citywide, yes.
Mayor Suarez: Item 7...
Mr. Odio: We need to do fees according to the location. You cannot charge
$100...
Commissioner Plummer: I didn't say what the fees were, OK.
Mr. Odio: ... in Coconut Grove and $500 in Little - $100 in Little Havana
somewhere. It's got to be balanced, according to the area.
Commissioner Plumper: The next time I see a hotdog vendor without a sales tax
number on it, sir, I'm going to come back to you. And they're operating
downtown. They're not paying sales tax, and, you know, and...
Mr. Odio: We'll get him.
Commissioner Plummer: ... legitimate businesses have to do it. And by God,
as far as I'm concerned, they should have the same obligation.
---�--�Y-------i----------------r---i------------------------O--DIY---------------- -
16.(A)DISCUSS AND DEFER PROPOSED FIRST READING ORDINANCE TO AMEND CODE SECTION
245 AND 2-76 SETTING FEES FOR ZONING CERTIFICATES OF USE AND FOR
INSPECTIONS AND EXAMINATIONS OF PLANS TO COMPLY WITH ORDINANCE 11000 AND TO AMEND ORDINANCE 11028 (FLOOD DAMAGE PREVENTION ORDINANCE BY ADDING
NEW SECTION TO ADD / DEFINE FEES FOR APPLICATIONS FOR WAIVER / _
VARIANCES. [Note: This action was immediately thereafter reconsidered
and ultimately passed and adopted.]
(B) RECONSIDER ACTION TAKEN TO DEFER AGENDA ITEM 7.
(Cj FIRST READING ORDINANCE: AMEND CODE SECTIONS 2-75 AND 2-76, SETTING -
FEES FOR ZONING CERTIFICATES OF USE AND FOR INSPECTIONS /
EXAMINATIONS OF PLANS TO COMPLY WITH ORDINANCE 11000 -- AMEND
ORDINANCE 11028 (FLOOD DAMAGE PREVENTION ORDINANCE) BY ADDING NEW
SECTION TO ADD / DEFINE REQUIRED FEES FOR APPLICATIONS FOR WAIVERS /
VARIANCES. -
------------------------------------------------------------------------------ -
Mayor Suarez: Item 7.
Mr. Joe McManus: Mr. Mayor and members of the Commission, item 7 has to do
with fees for the Administration of the zoning ordinance, and particularly
with regard to the review and inspection of applications for alcoholic
beverage establishments; and secondly, with regard to waivers and appeals,
with regard to the recently enacted flood protection ordinance.
Commissioner Plummer: All right, sir. Does this cover the cost of providing
that service?
Mr. McManus: We believe so, Commissioner.
Mayor Suarez: Commissioner Dawkins yields to Commissioner Plummer. He's got
his hand up.
Commissioner Plummer: I'm soa•ry, I didn't see his hand. My only question
was, is the fees that you, are suggesting going to cover the service that will
be provided? That's rco question.
Mr. McManus: Yes, sir.
Commissioner Plummer: That's all I want to know, thank you.
Mayor Suarez: OK. Commissioner Dawkins, any questions?
Commissioner Dawkins: Is the obtaining of these fees going to expedite or
assist people who apply for these permits to get them in a hurry, and get out
of there, or is it still going to be the same, where people have to wait a
year, a week, or a month to get their stuff, and you're going to make them pay
more money?
Mr. McManus: Commissioner, we - the department recently has instituted a
computerized permitting system for the purpose of expediting and speeding
up...
EK 51 April 15, 1993
Commissioner Dawkins: Well, if you got a computer, all right, if we got a
computer, you don't need to charge more money. If you got - a Computer does
the work of three people. So now, if you got a computer, why are you charging
more money? Give me a break now.
Commissioner Plummer: They're great until they get nervous.
Commissioner Dawkins: Give me a break.
Commissioner Plummer: The computer, that is.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: They're great until the computer gets nervous.
Commissioner Alonso: Well, I'm willing to move on first...
Commissioner Dawkins: If you got a - if it's computerized, OK? Which means
that you should be able to zip in and zip out. Now, you're going to charge a
greater fee because you're getting it out quicker?
Mr. McManus: Commissioner, what this does is, it fills in some gaps where we
were not charging fees before, particularly...
Commissioner Dawkins: But you don't say that here.
Mr. McManus: Particularly with regard to the evaluation of alcoholic beverage
establishment applications, and with regard to the recently enacted flood
protection ordinance. Those two areas were not associated with fees prior to
this, and the department is currently expending staff resources in reviewing
them. So the logic is we should be able to charge...
Commissioner Dawkins: Just off the top of your head, name me any three fees
that will be applied for, and what this would add to it; any three, I don't
care what it is.
Mr. McManus: There would be a fee - there would be an application for waiver
of flood protection criteria...
Commissioner Dawkins: Of what now? What kind of protection?
Mr. McManus: For - perhaps...
Mr. Hector Lima: I'm sorry, Commissioner, I didn't understand your question.
Commissioner Dawkins: OK, all right. We have a host of things here that
we're going to charge fees for. Name me any three that you're going to charge -
a fee for. Name - give me the present cost and what 1t would go to when we
allow you to raise that fee. _
Mr. Lima: OK. Specifically, on the FEMA (Federal Emergency Management
Agency) flood fees, we've never charged that before. That was charged by the —
County. The County is not doing that service for the City of Miami.
EK 52 April 15, 1993
Commissioner Dawkins: Uh-hum.
Mr. Lima: We are doing that ourselves, so this fee, which was paid to the
County previously will be paid to the City for the service.
Commissioner Dawkins: What 1s the fee?
Mr. Lima: it's the waivers for residential, wood be $200.
Commissioner Dawkins: $200. OK.
Mr. Lima: The commercial would be...
Commissioner Dawkins: All right, give me another, give me another one,
please. -
Mr. Lima: OK. Well, you have the waivers, you have the variances.
Commissioner Dawkins: What kind of variance? variance for what?
Mr. Lima: OK. A variance will be granted only if a hardship is shown, so
that the people could build... -
Commissioner Dawkins: What do we charge for an average hearing on a variance
now?
Mr. Lima: Sir, there was no fee before.
Commissioner Dawkins: No fee?
Mr. Lima: This is the actual fees...
Commissioner Dawkins: So what are you going to charge now?
Mr. Lima: We're going to charge $200 for residential, $375 for commercial,
$400 is a variance is required on a single-family residence, and $800 on
commercial.
Commissioner Dawkins: OK. Give me - all right. Give me another one, please,
just one more.
Mr. Lima: OK. i told you the one about residential for $100, and the
commercial would be $800.
Commissioner Dawkins: OK. Give - all right. That's very - all right, give
me another. Now you named variance and another - give me another area; not
another one within that area.
Mr. McManus: Commissioner, we are not currently charging fees for the
evaluation of alcoholic beverage establishment applications, and what - so the
series of fees to be instituted, which we are not charging for now, would be
for a beer and wine bar, to COP (consumption on premises) would be $150.
For...
EK 53 April 15, 1993
j.
,1
Commissioner Dawkins: Fifty?
Mr, McManus: One hundred and fifty.
Commissioner Dawkins: OK. Now many manhours would it take to, as J.L. said,
to evaluate this application for a liquor license?
Commissioner Plummer: You know what the problem is, Commissioner? If they
were to evaluate a particular application, that would be fine. But when you
go down there with an application, they all want to interject of what they
think the interpretation of the law is, and that's where they bog down. And
that's unfortunate. The law says you can put an air conditioner here. One
inspector told my friend, "I don't like that there." He said, "Show me in the
ordinance where it says it can't be done." He said, "It's not in the
ordinance. I'm telling you you're not getting a permit until you move that
air conditioner." See, that's the kind of problems that you and I never hear
about, but they happen every day. And that man was sent away, and said, "When
you move air conditioner, you come back, and we'll talk about your permit."
Let me tell you something. You talk to most of your general contractors, they
will tell you that the City of Miami does everything within its power to
discourage, discourage improvements and development. And it cries out for
people to go down there and straighten it out. I'm sorry to say that, but
that happens. And I don't know this to be a fact. This is what people who
are in the trade tell me; that these are the kinds of things that they go down
there and they fight day in - now, they've had real problems recently, and I
understand that, because of the hurricane, all right? There's been a rash of
applications. But as I drive around, it's incredible that I see all of these
out of town people, trucks doing repairs in my City, when I have City people
that are unemployed. It's amazing to me. And it would be amazing - why our
City inspectors aren't out there saying, "Hey, if you're working in this City,
you're either qualified in this City or you're not." But I keep seeing -
yesterday, it was a truck from Texas.
Commissioner Dawkins: Now many inspectors do you have?
Mr. Santiago Jorge -Ventura: What kind of inspector are you talking,
Commissioner? There's a zoning inspector....
Commissioner Dawkins: OK,
Mr. Jorge -Ventura: or trade inspector.
Commissioner Dawkins: I'll rephrase nay question. For the department handling
inspections in the City of Miami, what's the total number of persons employed
to do inspections, whether it's electrical, plumbing, drywall or what? I
don't care what it is.
Mr. Jorge -Ventura: OK.
Commissioner Dawkins: How many do we have?
Mr. Jorge -Ventura: We are talking about 35.
EK 54 April 15, 1993
a
Commissioner Dawkins: Thirty-five?
Mr. Jorge -Ventura: Yes, sir.
Comissioner Dawkins: And how many square miles in the City of Miami?
Mr. Jorge -Ventura: Thirty-five.
Commissioner Dawkins: Thirty-five square miles?
Commissioner Alonso: Fifty.
Commissioner Dawkins: No, how many - how many square miles in the City of
Miami?
Mr. Jorge -Ventura. Thirty-five, 35. But remember, we...
Commissioner Dawkins: Watt a minute. Hold it, hold it. You mean 35,000?
3560009000? 3500 square feet? It's just 35 square feet in the City of Miami?
Mr. Jorge -Ventura: Miles, miles.
Commissioner Dawkins: Just 35 square feet in the City of Miami?
Mr. Jorge -Ventura: Miles, square miles.
Commissioner Dawkins: That's what I'm saying, OK, 35 square miles?
Mr. Jorge -Ventura: Commissioner, Commissioner, remember...
Commissioner Dawkins: And you got - so you got one inspector to cover one
square mile?
Mr. Jorge -Ventura: Approximately. We divide the City in - let me explain to
you. Let me explain to you how it works. We divide the City in six
districts. We put one inspector for building in that district, one electrical
inspector in that district, a mechanical inspector...
Commissioner Dawkins: Wait now, hold it. Now, we got six? You got six?
Mr. Jorge -Ventura: Six. I am talking...
Commissioner Dawkins: Well, now, six times six is 36. You just told me you
got 35.
Mr. Jorge -Ventura: Well, it depends. Whether you...
Commissioner Dawkins: OK. No further questions, Mr. Mayor.
Mr. Jorge -Ventura: Commissioner, Commissioner, Commissioner, you are asking
about...
Commissioner Plummer: Miller, can I tell you something?
EK 55 April 15, 1993
Mayor Suarez: All right, thank you. When he says no further questions,
that's a read good time to just sort of - out.
Commissioner Plummer: Yeah, let me tell you, Miller, where our problem is.
Santiago, let me tell you. Your inspector told a neighbor in my neighborhood,
"No, you can't do that." And so the man had to give in to get his permit. Do
you ever go back, sir, and check after you give a CO (certificate of
occupancy)? They're laughing at you. You are - not you, sir, personally, OK?
You're a big joke. I'll show you case after case, after you've given a CO,
that six months later, they came back and did what you told them they couldn't
do, OK? They laugh at you. Not you, sir, personally; the department. Mr.
Mayor - Mr. Manager, I think the day is going to come, sir, in this town where
we're going to have to have a follow-up inspection a year later. And let me
tell you, we're going to have to put some teeth in it, that people are either
going to abide by the rules, or they're not.
Mayor Suarez: All right. Anything further on the item? If not...
Commissioner Alonso: I'd like to have this item deferred. I'd like to meet
with the department.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded to defer. Any discussions? If not, please
call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND
SECONDED BY COMMISSIONER PLUMMER, ITEM 7 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor Be Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: Just for the record, I'm in favor of the ordinance, but
may colleague asked for it to be deferred for further information. I'll always
respect that request.
Commissioner Alonso: Thank you.
Mayor Suarez: Item 8, first reading ordinance.
Commissioner Plummer: Well, 1 would assume you want the same thing on this
one?
Commissioner Alonso: Yeah, the same.
EK 56 April 15, 1993
.~N
i"
Yi
Mr. Odidt COMUSianer, Could I ask that you pass it on first reading and
than kill it on the second reading, if you want?
Commissioner Alonsot You mean both?
Mr. Odio! Yes, and...
Commissioner Alonso: We just deferred the... r
Mr. Odio: Well, I mean, if you let the - if you passed it on first reading on -
both, then you have the time to not pass it on the second reading.
Commissioner Alonso: Then we have to change what we just did.
Mayor Suarez: Right.
Commissioner Plummer: That would be true.
Commissioner Alonso: OK.
Mayor Suarez: If you reconsider the prior...
Commissioner Alonso: I really have no problem with approving it in first
reading, getting with the department, and then making certain changes or... _
Commissioner Plummer: All right. Then I'll move.
Commissioner Alonso: ... or getting some clarifications on some items.
Commissioner Plummer: You want to go...
Commissioner Alonso: Yes.
Commissioner Plummer: You want to go through a reconsideration or...
Commissioner Alonso: Yes.
Mayor Suarez: Do we have to reconsider a motion to defer...
Commissioner Alonso: Yes.
Mayor Suarez: ... Mr. City Attorney?
Commissioner Alonso: Yes, I guess we'll have to.
Commissioner Plummer: I'll move to reconsider 7.
Mayor Suarez: All right, so moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Call the roll.
EK 57 April 15, 1993
the following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-238 -
A MOTION TO RECONSIDER VOTE ON PRIOR DEFERRAL OF
AGENDA ITEM 7 (PROPOSED FIRST READING ORDINANCE TO
AMEND CODE SECTIONS 2-76 AND 2-76 WHICH SET FEES FOR
ZONING CERTIFICATES OF USE AND INSPECTIONS AND
EXAMINATIONS OF PLANS BY ADDING AND DEFINING CERTAIN
REQUIRED FEES, TO COVER COST OF ENFORCEMENT OF THE -_
ZONING ORDINANCE, ETC.)
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
i =
ABSENT: None.
R
Mayor Suarez: OK. On 7, then, on first reading...
Commissioner Plummer: I'll move 7 on first reading.
Commissioner Alonso: And then second it, first reading.
Mayor Suarez: Seconded by Commissioner Alonso.
Commissioner Plummer: With a proviso that second reading does not occur until
Commissioner Alonso's problems have been satisfied.
Mayor Suarez: All right, with that proviso.
Commissioner Alonso: Be certain you ask for an appointment to meet with me.
We'll go over this.
Commissioner Plummer: You want 7 and 8, that's together, Mr. Mayor.
Commissioner Alonso: Seven and 8, the same.
Commissioner Plummer: They're both the same. We move...
Mayor Suarez: Can we move both of them together, Mr. City Attorney?
Commissioner Plummer: Oh wait a minute, no, we've got to read the ordinances.
I'm sorry.
Mayor Suarez: They're separate ordinances. Why don't we do one, one each... _ i
t
EK 58 April 15, 1993.
Commissioner Plumper: I move 7 on first reading.
Mayor Suarez: Move 7. And seconded already. Would you read the ordinance,
please. Call the roil, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 2-76 AND 2-76 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH
SECTIONS SET THE FEES FOR ZONING CERTIFICATES OF USE
AND FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR
COMPLIANCE WITH THE PROVISIONS OF ORDINANCE NO. 11000,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY ADDING AND DEFINING CERTAIN REQUIRED FEES,
TO COVER THE COST OF ENFORCEMENT OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AND OF THE
SOUTH FLORIDA BUILDING CODE; FURTHER AMENDING
ORDINANCE NO. 11028, THE FLOOD DAMAGE PREVENTION
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ADDING NEW
SECTION 18 TO SAID ORDINANCE, THEREBY ADDING AND
DEFINING CERTAIN REQUIRED FEES FOR APPLICATIONS FOR
WAIVERS AND VARIANCES FROM THE PROVISIONS OF SAID
FLOOD DAMAGE PREVENTION ORDINANCE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
INCLUSION IN THE CITY CODE.
Was introduced by Commissioner Plumper and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Eft 59 April 15, 1993
17. FIRST READING ORDINANCE: AMEND ORDINANCE 6145, WHICH ESTABLISHED FEES
FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL (INCLUDING BOILER AND
ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES -- ADD / INCREASE /
REDEFINE REQUIRED FEES TO COVER INCREASE COST FOR ENFORCEMENT OF SOUTH
FLORIDA BUILDING CODE9
rrrr—ir------------------------------------ —r--------rr.---- Y.r-------- rr.r ai irr ir
Commissioner Alonso: Eight.
Mayor Suarez: Item 8.
Commissioner Plummer: On item 9 - or 8...
Commissioner Alonso: Eight, the same, move on first reading.
Commissioner Plummer: All right.
Mayor Suarez: Moved as to 8; seconded by Commissioner Plummer. Read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED-
i
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145,
ADOPTED MARCH 19, 1958, AS AMENDED, WHICH ESTABLISHED
FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL
(INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND
CERTIFICATE FEES, BY ADDING, INCREASING AND REDEFINING
REQUIRED FEES TO COVER THE INCREASED COST FOR THE
ENFORCEMENT OF THE SOUTH FLORIDA BUILDING CODE;
PROVIDING A PROCEDURE FOR FUTURE INCREASES OF SAID
FEES; CONTAINING A REPEALER PROVISION FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Miriam Alonso`'
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
F<
Vice Mayor Victor De Yurre
►>
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
EK 60 April 15, 1993
f:
----------r- Y Y r+e,rr�YiiwYY�6
18. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO
ESTABLISH NEW SPECIAL REVENUE FUND: CITY OF MIAMI SUPPLEMENTAL TUITION
REIMBURSEMENT FUND (FY 1931 194 AND 195), TO AUTHORIZE MANAGER TO ACCEPT
DONATIONS RESULTING FROM FUNDRAISING EFFORTS OF THE CITYWIDE EDUCATION
COMMITTEE.
wY—IIw Yi, -------------------Y--------------------------Y----------Y-------
Mayor Suarez: Item 9.
Commissioner Alonso: I'm very much...
Commissioner Dawkins: I move that item 9 be deferred. They just handed me
something here...
Commissioner Alonso: I was...
Commissioner Dawkins: I don't - and I just - it's impossible for you to bring
me something when the item appears. Therefore, I move that 1t be continued
until the next meeting when I have had time to digest what they just handed
me.
Commissioner Alonso: Yes. I'd be...
Commissioner Plummer: That's fine, Commissioner.
Commissioner Alonso: Yes. May I ask a question, if I may, at this point?
What are the changes? Are they much?
Ms. Velma Diaz-Neda: No, no.
Commissioner Alonso: What is it.
Ms. Diaz-Neda: It's - all 1t is...
Mayor Suarez: Please name and address - I mean, name, at least.
Ms. Diaz-Neda: My name is Velma Diaz-Neda. I work in the Department of
Development, and I'm the chairman of the Citywide Education Committee. And
the changes are, we modified - if you look in the back, you can - it will tell
you.
Commissioner Alonso: This one?
Ms. Diaz-Neda: All it is, is we've asked to - if we raise $30,000, to be able
to spend $309000. In other words, appropriation.
Commissioner Alonso: Is that the only change?
Ms. Diaz-Neda: That's the only change.
Commissioner Plummer: Well, but I - I was hoping...
EK 61
April 15, 1993
aw+�2
Commissioner Alonso: Yeah, 1 agree with the Commissioner, that it's difficult
to read this, so...
Commissioner Plummer: You can't do that. Mr. Mayor, I would suggest that we
defer it as a request of my colleague, but in the interim that what...
Mayor Suarez: Couldn't we instead just table it for a little while, and maybe =
over...
Commissioner Alonso: Maybe so, but this is so important.
Commissioner Plummer: Weli, no, because I think there needs to be another
major change.
Commissioner Dawkins: I can do better than that. You all go ahead and pass it. I vote no.
Commissioner Alonso: No. No, I don't think so.
Commissioner Plummer: Well, that's not the way to do things around here. I
think that it needs to be increased. What we are presently doing is giving in
the neighborhood of possible $200 a year. The County gives over $5,000 in
certain cases where it can be applied, and I think we need to write some
latitude in here that the City can compete with the County. So that, I think,
would be a good idea to defer that at this time and bring it up at the next
meeting.
Ms. Diaz-Neda: OK, thank you. Bye.
Commissioner Plummer: Bye. Go away and sin no more. !
1
Commissioner Dawkins: OK, let me - let me state my problem here.
Mayor Suarez: He's going to maybe try to get a clarification here. We might
be able to resolve his objection.
Commissioner Dawkins: Turn to page - turn to item - Roman Numeral IV.
Commissioner Plummer: Number 4?
Commissioner Dawkins: Uh-huh. page 2 of 4.
Commissioner Plummer: Of what?
Commissioner Dawkins: In item 9.
Mayor Suarez: The backup for item 9.
Commissioner Plummer: Page 2 - oh, in the backup, oh. }
Commissioner Alonso: Oh. '
EK fix April 15, 1993
3 .
Ms. Diaz-Neda: OK.
Commissioner Dawkins: It says "reimbursement."
Ms. Diaz-Neda: Yes.
Commissioner Dawkins: Eligible employees may be reimbursed on a first come,
first served basis.
Ms. Diaz-Neda: Right. i
Commissioner Dawkins: Based on date of application and availability of funds. j
Now, how do you tell me that a fireman has one tuition reimbursement, that a —
policeman has one, that sanitation has got one, and the general service
employee's got one, what you're saying is that if you had 100 and the firemen i
are the first hundred who apply, the firemen get the first hundred? E'
i
Ms. Diaz-Neda: No. See, fire fighters and police are not included in this.
Commissioner Dawkins: I'm not using the fire fighters as - I'm using it as - � —
OK, well, Miller Dawkins, then. I don't care who it is.
Ms. Diaz-Neda: No. Let me explain...
t
Commissioner Dawkins: Miller Dawkins has got 100 applications.
Ms. Diaz-Neda: Right.
Commissioner Dawkins: And my hundred applications come in first.
Ms. Diaz-Neda: Right.
1
Commissioner Dawkins: That means nobody else has got a chance at any tuition
reimbursement, according to you. Nobody in sanitation, nobody in general
service, because I got the hundred, because I applied first.
Ms. Diaz-Neda: See, we're - this is for - we're raising money for this.,
Commissioner Dawkins: I... �
Ms. Diaz-Neda: And invest....
Commissioner Dawkins: You're raising it with the permission of the City of E
Miami to help the City. You're not raising it to be benevolent. I
Ms. Diaz-Neda: No.
Commissioner Dawkins: All right, then. But, so therefore, let's make it
equal to everybody. If ' p
qyou don't, then just go out here and say, "We're going
to raise money, and we're going to do this with our money. We don't care what
you all say."
EK E3
J F
-i
April 15, 1993
Commissioner Dawkins: I hear all of that. My only concern is, how do you
make it equal, so that everyone has a chance? That's all I'm saying.
Ms. Diaz-Neda: OK.
Commissioner Dawkins: Now, if you're going to say that we're going to
reserve five for the police department, we're going to reserve five for GSA
(general Services Administration), we're going to reserve five for
sanitation...
Commissioner Plummer: is this matter being deferred?
Commissioner Dawkins: ... and if nobody applies, we'll go back again. i
don't have a problem with that.
Ms. Diaz-Neda: OK.
Commissioner Plummer: I thought this was being deferred.
Commissioner Dawkins: But you're telling me that the first people who apply,
period, will get the money.
Ms. Diaz-Neda: OK. We'll take that part out. That's not - if you feel i
better about that. The reason why we did it like that is because we're having
to raise money for this, and we don't know how much we're going to have. So
actually...
Commissioner Dawkins: You may not have money for but one. That's not my
problem.
s
Ms. Diaz-Neda: We'll take it out.
i
t
Commissioner Dawkins: If you got money for one, that's fine. But if you got '
money for 20, and the first 20 who apply all are in the sanitation department,
it's unfair, in my opinion.```
Ms. Diaz-Neda: So we'll do a ratio. Would you feel better about having a ;
ratio in the different departments, or something of that nature?
Commissioner Dawkins: That's all I'm saying.
Ms. Diaz-Neda: Or any kind of suggestion that you have that you feel would
make it better...
Commissioner Dawkins: No, no, no, no. I'm not raising no money. No, no, no.
Ms. Diaz-Neda: ... would be great.
Commissioner Dawkins: No, no, no. I'm not raising money. No, no, no. I'm
not going to tell you how to raise no money.
EK 64 April 15, 1993
M6. Diat= Nedat
help with that.
No, but it's good, since you're an educator, that you would
Commissioner Dawkins: OK, prove it, move it. I'm through with it.
Commissioner Alonso: I have...
Mayor Suarez: All right it. I think the consultation process has taken place
here, which is what he wanted. Yes, Commissioner, Alonso.
Commissioner Alonso: Yes. In the present system, it's $200, right?
Ms. Diaz-Nedas Right.
Commissioner Alonso: Could you give us an idea how many people have applied
before.
Ms. Diaz-Neda: Yes.
Commissioner Alonso: So it would give us an indication.
Ms. Diaz-Neda: Last year we had, I believe, 33 people applied, and we did an
intense study throughout the City...
Commissioner Alonso: Thirty-three people applied?
Ms. Diaz-Neda: For tuition reimbursement.
Commissioner Alonso: When? This year?
Ms. Diaz-Neda: Last year.
Commissioner Alonso: Last year.
Ms. Diaz-Neda: And let me just show you. I did a study of eight cities in
Dade County, two competing counties, and five cities throughout the nation
that compared to us in ethnic size and makeup. And just to show you what they
provide for their employees in reimbursement, Dade County will provide
up to $5,400, OK? And I mean, it goes anywhere from on down...
Commissioner Alonso: That's called giving incentives.
Ms. Diaz-Neda: we're right here. This is Miami, OK? So, you know, it's
important for the employees to be educated.
Commissioner Alonso: Of course it is, very much so.
Ms. Diaz-Neda: So this is why we came up with this idea to...
Commissioner Plummer: You educate them, then they go to work for somebody
else.
Ms. Diaz-Neda: Or we can be promoted.
EK 65
Commissioner Alonso: Not necessarily, if we make their stay pleasant.
Ms. Diaz-Neda: Exactly. Well, so are we going to table this till next time,
or whet are we going to do?
Commissioner Plummer: It's been deferred.
Ms. Diaz-Neda: OK.
Commissioner Alonso: Deferred, but I'm sure it's going to pass with flying
colors next time.
Ms. Diaz: Thank you.
Commissioner Alonso: For one vote up here, 100 percent behind you.
Mayor Suarez: I thought we were going to try to...
Commissioner Alonso: I think it's great.
Mayor Suarez: ... solve the...
Commissioner Alonso: And whatever I can do to help you raise money, you can
count on me.
Ms. Diaz-Neda: Wonderful. Thank you very much. Appreciate that.
Mr. Odio: Well, maybe what the City should do is match them one for one. If
they raise - whatever they raise, we match them one for one.
Commissioner Alonso: I really think that 1f - that is something important.
Ms. Diaz-Neda: That's a good idea.
Commissioner Alonso: I really feel that it should be done. I think we should
help our people.
Mayor Suarez: Do you now want to try to pass it, in view of the ,fact that
that the Commissioner, I think, alleviated most of his concerns?
Commissioner Alonso: He did?
Mr. Odio: No. We might have to - me might have to - no. I'm...
Commissioner Alonso: We can do it 1n an emergency basis next time if we
feel ...
Commissioner Plumper: We need to modify it.
Commissioner Alonso: It's an ordinance, right?
Mr. Odio: Yeah, but I have to take what I said back.
EK 66 April 15, 1993
----- ---------- --
Mayor Suarez: OK, no. But as to the item before us, do you want to try to
pass it? Do you have any problems if we move the items?
Commissioner Plummer: Take it back and do it right.
Commissioner Alonso: Well, it's an ordinance, and we want it right. We can
do it in an emergency basis if we have four/fifths next time.
Mayor Suarez: He moved it.
Commissioner Dawkins: I moved it.
Mayor Suarez: Commissioner Dawkins moved it. J
Mr. Jones: You'd already deferred it. You voted on a deferment, so you do =_
a - reconsider? --
Mayor Suarez: All right. Move to reconsider the deferment. It
i
Ms. Diaz-Neda: OK.
Commissioner Alonso: Mr. Mayor, it seems that they have some places of
concerns and ability to change and...
t
Commissioner Plummer: That's why it would be best to defer it.
Commissioner Alonso: So we can do it next time as an emergency ordinance.
Mayor Suarez: All right. We'll leave it deferred, if everybody is agreeable.
Commissioner Alonso: And it's just one reading. {
Mr. Odio: Well, I get - well, why can't you pass it on first reading, make
the changes, and then pass it so that they can be...
Mr. Jones: They may be substantially different than what you have. -'
Mr. Odio: Oh. it might be?
Mr. Jones: Yeah.
Mayor Suarez: All right.
Mr. Jones: Because of you're going to address the concern...
Commissioner Plummer: Hell of a way to run an airline.
Mr. Jones: ... about the reimbursement, it's going to be - it's going to be a
substantial change. So I would suggest that you - we make the changes and
bring it back, and do it like it should be done correctly.
000
�vr
ETHEREUPON ITEM 9 WAS DEFERRED.)
-YYYYY-----i�-�Y---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Yww+riii�i�
19. EXECUTE THIRD AMENDMENT TO LEASE AGREEMENT WITH BAYSIDE CENTER LIMITED
PARTNERSHIP CONCERNING BAYSIDE SPECIALTY CENTER PARKING GARAGE -- TO
FORMALIZE CHANGES TO CERTAIN REQUIREMENTS RELATING TO OWNERSHIP OF
PARTNERSHIP INTERESTS.
rY-Y-YYi-Y---i------------------------------------------------------w----r----
Mayor Suarez: Item 12.
Commissioner Plummer: Mr. Manager, let me ask you a question on 12 and 13.
Now much does Bayside pay us a year?
Mr. Cesar Odio (City Manager): I think they are right now, up to a million
dollars a year.
Commissioner Plummer: And how much does it cost us in all of the services
that we have to provide to Bayside?
Mr. Odio: I have to - I don't that that number handy right now.
Commissioner Plummer: Is the City's net a minus or a plus?
Commissioner Alonso: I don't think so.
Mr. Odio: I would sad it's close.
Commissioner Alonso: Let me check.
Mr. Odio: Not negative.
Commissioner Plummer: Breaking even?
Mr. Odio: I think we definitely are, but besides that...
Commissioner Plummer% How do I send...
Mr. Odio: ... besides that, there is what you don't see, is that you have so
many millions of visitors into downtown Miami...
Commissioner Plummer: Oh, no, I see that very well, sir. I'm one of the few
that go down there for coffee.
Mr. Odio: ... the spillover. So if we come out even, we're coming out ahead.
Commissioner Plummer: Mr. Manager, my question is, how do I make Bayside
understand that I need to reduce the number of sworn officers, which I think
now are 20 at Bayside, put them in with some other kind of security. and allow
me to have those 20 officers back out on the street, fighting the real crime,
rather than the parking meters? How do I bring Bayside to understand that?
EK 68 April 15, 1993
Mr. Odio: Well, you tell them now.
Commissioner Plummer: OK. Is this on - this is a resolution?
Mr. Odio: This is a resolution.
Commissioner Plummer: OK. I'm telling you...
Mr. Odio: You are actually amending their lease agreement, so...
Commissioner Plummer: OK. I'm in favor of this, it's understandable. But I
want to tell you something, Mr. 5iplin, you take them back a message, sir,
that for one Commissioner who intends to be here for life...
Commissioner Dawkins: Which could be tomorrow.
Commissioner Plummer: Don't, don't come back, sir...
Commissioner Alonso: He 1s in the right business.
Commissioner Plummer: ... it they're not willing to sit down and talk about
the City being able to replace some kind of security - we owe that to you -
but to get my sworn officers back out on the street. There's - I think
there's 16 to 20 of them.
Commissioner Dawkins: Well, I'm not voting for this, and I'm going to tell
ail of you why. The first thing I need to know from the Manager is, what's
the difference between the agreement for the Bayside specialty parking
garage...
Commissioner Plummer: It's 13. I stand corrected.
Commissioner Dawkins: ... and the difference between the partnership for
Bayside specialty retail center. What's the difference?
Mr. Odio: Well, they're two entirely different agreements. We build the
parking garage.
Commissioner Dawkins: OK. So the parking garage...
Commmmissioner Plummer: Yeah, but they're obligated to...
Commissioner Dawkins: Is entirely different from the retail...
Mr. Odio: They're entirely different.
Commissioner Dawkins: ... agreement. All right. OK. Now...
Mr. Odio: No, we do have available...
Commissioner Dawkins: ... what did, or what does the original agreement say
about having minorities, blacks and Cubans, in ownership at Bayside in the
parking garage and in the retail parcel.
EK 69 Aprii 15, 1"3
Commissioner Dawkins: No, no, no, no, no. I don't need your understanding.
I need you to read from a document what you have. Don't tell me what you
understand. Read from the document that was passed for us.
Ms. Wilson: The ground lease...
Commissioner Dawkins: And then I will determine what my understanding is.
Ms. Wilson: The ground leases require 20 percent minority ownership.
Commissioner Dawkins: Ma'am?
Ms. Wilson: The ground leases require 20 percent minority ownership.
Commissioner Dawkins: Now, is it any place in there, ma'am, where it says
that the City of Miami will release Rouse from a commitment it made at the
beginning in order to get this done, that they would have minority ownership?
Is that written any place in there?
Ms. Wilson: No.
Commissioner Dawkins: OK. All right. So therefore, what you are doing now
l
is, allowing Rouse Company, after these years, to say, "I'm no longer going to
_
live up to my agreement of having blacks and Latins with ownership in Bayside,
and 1 have decided that this is the way I want to do it," and this Commission
Is going to allow them to do it.
i
Commissioner Plummer: That's not my understanding, Mr. ...
Commissioner Dawkins: Well, hey, well I'm - well, let me - I'm trying tc get
='
my understanding. �
Mr. Odio: Commissioner, let...
Commissioner Dawkins: Wait, let me finish with my understanding. Then if
anybody else has got an understanding, we can hear it. �.
Mr. Odio: Let me tell you what I think they're doing, and maybe I'll say it
in the exact amendment words.
Commissioner Dawkins: OK.
?
Mr. Odio: On section 5. - and a subsequent transfer back, "notwithstanding
—
the foregoing, in the case of a permitted transfer of a limited partner's
interest under Sub -Paragraph J of Section 5.3, and a subsequent transfer back
to a partner or developer, either as a result of a default by a transferring �.
limited partner, or the exercise of an option by the transferring limited A
=�
partner, requiring another partner or developer to purchase his interest."
—
Commissioner Plummer: Yeah, but now tell them reality. That's...
EK 70 April 15, 1993
Mr. Odio: Then neither the developer...
Commissioner Plummer: ... that's what the paper says.
Commissioner Dawkins: OK. Now, let me read - let me read what I read, what I —
have.
Mr. Odio: OK.
Commissioner Dawkins: And see if I can - if somebody can explain to me what
I'm reading. It says, in the case of a permitted transfer, which means they =
are asking us to allow them to transfer.
Mr. Odio: Yes.
Commissioner Dawkins: Of a limited partner's interest, and a subsequent
transfer back to a partner of Bayside, Limited, which means Bayside now wants —
to buy back the minority piece. That's what they are saying here. Is that
what that means?
Mr. Odio: That's what it means they can do. —
Commissioner Dawkins: OK. Now, OK. So therefore, that...
t
a
Mr. Odio: They can do it if they so both sides choose. —
Commissioner Dawkins: Transfer back to the partnership of Bayside Limited
-_
Partnership, that neither Bayside Limited Partnership, nor the purchasing
partner shall be obligated to resell the limited partnership interest to
=
another black American, or Hispanic American or entity owned or controlled by
—
a black American or Hispanic American. This means that you are now allowing
them to violate the agreement that we made, in order to allow them to build
Bayside. Is that a correct statement?
Commissioner Plummer: Let me just interject one thing.
Mr. Odio: If you approve...
Commissioner Dawkins: All right.
Mr. Odio: ... this lease amendment, you're in fact saying that, yes.
Commissioner Dawkins: Beg your pardon?
:
Mr. Odio: If you do that, yes, you would be.
Commissioner Dawkins: OK. That's all.
Commissioner Plummer: But in reality, I think we have to understand, it is
the minority partners who are asking us for relief, because they are losing
their proverbial tails.
Commissioner Dawkins: Mr. Plummer, I have no problems with the minority
partners bailing out, but I do have a problem with us allowing Bayside not to }
EK 71 April 15, 1993
9:
hold that partnership in reserve so that when Michael Jordan or somebody else
who's making $35,000,000 a year who is black, who needs a tax shelter, can
come and say to Bayside, "You know, I'm making $35,0000000 a year..."
Commissioner Plummer: He's got a very good point.
Commissioner Dawkins: "... therefore, I want to own that part of Bayside that
was reserved for black folks, and I want to pick it up." Now, if you're
telling me that Bayside will hold it in reserve for that, I don't have a
problem with that. But when you tell me that I'm going to allow Bayside to
go, and for tack of a better word, hand pick some people who held in reserve
this partnership for five years and are going to come up and say, "Oh, my God,
I just can't hack it, I got to turn it loose." And I'm supposed to sit up
here and say, "I'm so glad you held it for five years, and I'm going - and you
did what I asked you to do. We had some black folks and some Latins owning
some of Bayside for five years, and now we don't have anybody else." I cannot
vote for it. Now, I'm just one vote, and I think it's unjust to black people
and Latin people to sit up here and allow Bayside to have some people on a
hook who says that, "Yeah, we'll let you buy us out, and you can have it," and
no blacks will ever own it. Put it in reserve and when some blacks want to -
if it's ten years from today, and somebody wants to come and pay whatever
Bayside has in it, from day one, and an individual who needs a tax shelter who
wants to do that and he's black or Latin, - we've got some Latins, just signed
baseball contracts for $45,000,000 a year. They need a tax shelter. So don't
tell me Bayside and those cannot find somebody. They don't want anybody, and
that's just - I would have to vote no.
Mr. Gary A. Siplin, Esq.: Well, Commissioner...
Commissioner Alonso: Could I ask a question?
Mr. Siplin: Sure.
Commissioner Alonso: Do I understand, Commissioner Dawkins, that you're
saying that perhaps Bayside can buy from these minorities now, but can hold
this portion for a period of time until and if a minority is found that would
like to participate?
Commissioner Dawkins: Yes, ma'am. And if no...
Commissioner Alonso: That is a middle of the road understanding.
Commissioner Dawkins: And if nobody never buys it, they can keep it. But at
least, Madam...
Commissioner Alonso: That's...
Commissioner Dawkins: ... Madam Commissioner, have it available, that's all.
Mr. Siplin: But, see, Commissioner Dawkins is correct. Under current lease
arrangement, there is a requirement for 20 percent minority ownership, all
right? And if a minority defaults on that particular interest, then the stock
reverts to Bayside, and Bayside has two years to find another minority owner,
OK? Now, I represent the minority partners in Bayside, Armando Codina, Garth
EK 72 April 15, 1993
Reeves, Nathan Rok, all right? And Ron Frazier. And they've hired me because
they want to effectuate the City's policy of maintaining 20 percent policy...
Commissioner Dawkins: Hold it, hold it, hold it. One minute, sir. I hate to
interrupt you, but I need a clarification.
Mr. Siplin: Sure.
Commissioner Dawkins: You are representing who, now?
Mr. Siplint I'm representing the five minority partners.
Commissioner Dawkins: OK. Now, the other day when you were here, and we were
arguing for the lady who thinks she's getting the shaft with her shop, who
were you representing then?
Mr. Siplin: I was representing Bayside, yes.
Commissioner Dawkins: Oh. And so...
Mr. Siplin: Which consists of the minority partners...
Commissioner Dawkins: ... so, I mean, I just need to know that, you know,
how - where we're going, that's all. Go ahead, sir.
Mr. Siplin: And by the way, that issue is resolved with the tenant. She's
happy•
Commissioner Dawkins: So since you did a good job resolving that, they
decided to hire, these other guys decided to hire you, too?
Mr. Siplin: That's right.
Commissioner Alonso: He's good, that's why.
Mr. Siplin: But in any event, you know, may clients, the Hispanic and black
partners, want to effectuate the City's policy of maintaining 20 percent
interest. Now, they're not rent -a- citizens. They're full fledged partners.
And as you wel 1 know, in any partnership, each partner has to make capital
contributions when it's time. You also have to pay debts when it's time. In
1989, when this deal was first arranged, the partners had a problem, you know,
there was a cash flow problem. They had to kick in. So in an effort to make
sure they played ball on a level field, they came to Bayside and said,
*Listen, we're having problems meeting our end of the stick, because we want
to be true, real minority partners in this deal. Why don't you do this for
us: Loan us the money for the capital contributions, loan us the money to pay
the debt. However, we will pay the interest, because under the laws, in order
for it to be a true partnership, we must maintain the interest for the IRS."
OK? Which they are doing. However, in order to meet those capital infusions
and the liability, they borrowed the money from Bayside. So Bayside said,
"Sure, we'll do this," OK? "But we want some type of surety, some security."
And they put up their shares, all right? Now, neither partner, neither
minority partner, the Cubans or the blacks can default on their shares as of
today or tomorrow. They have at least until the year 2002, in order to
EK 73 April 15, 1993
default, if that's the case. There's also in the provision, in the agreement
that my clients made with Bayside, requiring that they can put up - the can
call a put - they can give the shares to Bayside in the year 2000, if it's
profitable and they're in the black, so Bayside can buy those shares away, OK?
Now, with the lease amendment, if you all change it, there's still opportunity
for blacks and Hispanics to purchase those 20 percent shares, if the partners
want to sell it to them, OK? But the problem with that is realistically,
you're talking about at least kicking in $1.5 million, in terms of cash
infusion, for any potential future buyer, Michael Jordan, or Shack O'Neal.
Plus you've got to continue to kick out money in terms of the losses and the
capital infusion, and there is no benefits right now, because of the new tax
code, OK? So realistically, it's going to be very, very difficult to rind
another minority or a majority who wants to put in that type of cash when he
does not have or she does not have any type of passive income to offset the
losses that you're going to incur by coming into a major project like Bayside.
Now, Bayside is keeping its goal in terms of trying to maintain true minority
interest in Bayside. Other shopping malls have gone under, they've collapsed.
But my clients came to Bayside in an effort to effectuate your policy of
maintaining 20 percent interest; black, Hispanic interest at Bayside and
offered to resolve this matter that way, and Bayside has agreed to do that, in
a business sense, which that's all we're asking. We want them to play hard
ball just like any other partner, and not be given any handouts. They are
real live partners, they have real live obligations, and they're paying real
live, hard earned dollars to stay to this project. So that's the reason why
we're here today, to ask you all to help these, my clients, minorities, stay
in this ball game as real partners, and not some rent -a -partner. And they've
come to the Board, to the resolution that they want to be true business
people. They know there's a problem. As opposed to just walking out, or
collapsing on their obligations, they've come to Bayside as business people,
with a fair, business -like resolution, to try to resolve this instance, so
that they can maintain true quality Hispanic and Black ownership in Bayside
Marketplace.
Commissioner Dawkins: I wouldn't have a problem with what you're saying,
counselor, if I had not been here 11 years, OK? I was here when Decoma came
and talked this Commission into building the Arena.
Mr. Siplin: Right.
Commissioner Dawkins: At that time,
Commission that if this Commission went
black people would have the concessions
contract was signed, Mr. Patrinelly came
violate the Sunshine Law, all of Decoma's
Stevens, or whatever, that J.K. Stevens
he lied.
Commissioner Plummer: Harrison.
Mr. Dean Patrinelly promised this
along with him to build the Arena,
in the Arena. On the day that the
and told us one by one, so he did not
entities have a signed contract with
or whatever, to do concessions. So,
Commissioner Dawkins: Harrison or whatever. He lied. Then they had - so to
compensate, they hired a black security firm, David Fincher, and they hired a
Latin cleaning firm, to compensate. Two years after that, they threw them
out. You don't have anybody in the Arena black or Latin, providing any
services, whether they are contractual, legal or whatever, but yet, Mr.
EK 74 April 15, 1993
Patr1nelly made those promises
to this Commission. Now, along comes Bayside,
and like you said, we, this Commission demanded full black and Latin
ownership.
Mr. Siplin: It's true.
Commissioner Dawkins: Not no
rent -a -people.
Mr. Siplin: That's right.
Commissioner Dawkins: Now,
this Commission is the one who put the
shareholders in a bind, if
they're in a bind, because we demanded full
partnership. So as you said,
they share 1n the losses, and they share in the
profits. Now, Bayside has 20
or 30, 40 entities. Bayside is using Miami as a
tax shelter against its other
earnings. Eventually, Bayside will make money.
Mr. Siplin: That's true.
Commissioner Dawkins: OK? Now, and the only way the black people who and
the Latins who I'm talking about can make money, they've got to be there to
make it. Now, and as you said, you've got to be able to stay there. And all
I'm saying to Bayside is, find me some blacks and Latins who need a tax
shelter, and let them buy these people's property, or you hold 1t till you
sell 1t. That's all I'm saying.
Mr. Siplin: Well, you know, that's a fair resolution, but, you know, when you
set a policy to make sure there's 20 percent full minority participation in
the program, then you try to encourage those minority partners to play by the
rules, just as anybody else, and they come to Bayside with a proposal, so that
they can maintain their 20 percent interest, which is going to effectuate your
policy of maintaining 20 percent interest, minority interest, in Bayside. So
they're trying to play bail by the fair rules that are set up by this
establishment, and I think they're doing a good job in trying to do that.
Commissioner Dawkins: But, not, counselor, when you put in the article that
you want me to pass that says, "Shall not be obligated to resell the limited
partnership to a Hispanic American or a black American.* You defeat what I
first started out to do. But there again, that's me. Now 1f it's three votes
up here who don't feel like that, hey, you all run, you know. I have no
problem with it. That's why we have five Commissioners up here, so that we
can come to a consensus on something, and I think I've talked enough on this
for us to vote on it and be through with it.
Mr. Slpiin: Well, that particular provision was provided because of the
current economic condition around this country. You know, because of the
change in the tax laws, because of the requirements that IRS requires, in
terms of being a full fledged partner in this type of deal, you know, it's
going to be very difficult to find anyone to come to and take the place of
these true 20 percent minority partners. So in order to avoid any type of
cloud on any of the 100 percent shares, they want to be able to do what they
have to do in terms of getting rid of the shares without having an obligation
to find somebody, white or black, and they can't find them. So it's purely a
business choice.
EK 75 April 15, 1993
Mayor Suarez: Well, but there is a bit of a counter -intuitive situation here
in what you're saying. At some point, the investment, the naked investment in
Sayslde, must be seen by the Rouse Company as a positive thing to do; not just
because of tax write-offs, or exemptions, or passive income that they want to
offset with losses or anything else; just simply as a pure investment. In
fact, my understanding is that last year, they made a slight profit. At some
point...
Commissioner Plummer: In spite of themselves.
Mayor Suarez: Right. At some point, it should became desirable for people to
want to invest in this, and that opportunity should be made available, and all
the other discussion about tax write-offs notwithstanding, are not
particularly relevant to that. Now, is that going to still be available? Is
that option still going to exist after this lease amendment?
Mr. Siplin: Yes. I mean, anybody can purchase...
Mayor Suarez: No, but I mean, would some preferred goal of some minority
participation, is that maintained?
Commissioner Alonso: No. There's not an obligation.
Mr. Siplin: In the lease form?
Mayor Suarez: Right. There's no preference, no goal, no inclination, no
professed purpose of having some minority participation at all times? I would
think they'd want to enunciate that. I mean, at least as a goal area. I
don't see what that...
Commissioner Alonso: What's going on?
Mr. Odio: I gave him a note saying that - you want to put it on the record?
Mr. Siplin: In event a minority person of sufficient financial worth, in the
opinion of the City Commission, Bayside shall sell...
Mr. Odio: Should you took back...
Commissioner Dawkins: Mr. Manager...
Commissioner Alonso: If there is nothing that obliges them to do it, why
should they do it?
Commissioner Dawkins: Mr. Manager, I do not want you negotiating this at all.
Either leave it like 1t is, or change it. We've already negotiated this at
the very beginning...
Mayor Suarez: Wait, wait. Commissioner, I'm sorry to interrupt you, but you
said you were going to vote against it. Some of us have concerns and
modifications that could be added to make us feel a little bit more
comfortable...
Commissioner Dawkins: Oh, OK. Thank you.
EK 76
April la, 1993
S +
Mr. Slplin: See, the only problem, you know - that's a good point, Mr. Mayor.
The only problem with that is that if you've got some type of provision that
directs the use of the shares, then that also puts on a cloud on that
particular title or that share, if you can't find someone. And here, we're `
talking about share, which you know, which you know, as an attorney, means `
mandatory.
Mayor Suarez: Well, but 1n the initial agreement, that was prescribed as an
absolute requirement, 20 percent.
Mr. Siptin: That's true, that's true.
Mayor Suarez: Now, at least, we maintain that as a goal, because there is an
expectation - the reason I say it 1s that at some point, the City might find
that minorities, as Commissioner Dawkins suggested, some people who are, in
fact, quite wealthy, and that the thing becomes more profitable, and that they
do want to invest, they do want to own a percentage, and that Rouse Company _
says, "Welt, you know, I've had many years of losses. I'd rather just not do
it," And the City might say, Nell, you know, you're kind of flying in the
face of a stated goal, at least, if not a flat out requirement." And I. you
know -we - I'm not sure that we would ever get to the point that we would say
that there was a default, but it is our land, and these are improvements on
our land, and, you know, if push comes to shove, it would be interesting
legally to try to see if we could, at some point, not - you know, if they
didn't meet 1n good faith some goals that are stated, take the property back and Bayside becomes the property of the citizens of Miami. Something that I
don't mean to suggest would happen very quickly, but...
Mr. Siptin: Well, I, you know, I can appreciate your comments, and I think
they have some merit. But legally, the only problem that continues to arise
in my mind is, if you have this type of preference or mandatory language,
you know, a legal document such as this, then if you don't fulfill the
obligation, it clouds the share, and that's not going to make it worthwhile
for not only the minority tenants - I mean the minority partners - but the
majority partners, also. So I think the issue, in a nutshell, reverts to the
cloud on the shares. You know, if there's an obligation to do something with
a share and you can't do that, then who's going want to buy it, who's going to
want to refinance the center, when there's some shares that are in limbo?
Because anybody who's going to refinance, they want to have access to those
shares. So I don't think Bayside or may clients have a problem with trying to
maintain a 20 percent interest, and they are committed to staying in the deal
as of today. They're not backing out as of today. They are committed, Garth {
Reeves, Armando, are committed to staying in here, in terms of maintaining the
20 percent policy of this august body, but the problem becomes, if you want to
refinance down the line, if you've got some mandatory language concerning the
shares, a legal share, a legal component of a corporation, then you're going
to have a cloud over that in terms of refinancing, or even giving it away in
the future. So I think this is basically a fundamental change that we're
trying to make, to make it feasible in the future for both the minority
partners to gain on these particular shares, as well as the majority partners,
which is Bayside. And I think the real crux of the matter here is that we're
trying to effectuate the 20 percent...
EK 77 April 150 1993 i
Mayor Suarez: there would be no legal impediment for the majority partner,
which is Bayside... Actually, Rouse Company of Miami; is it not?
Mr. Siplin: Right.
Mayor Suarez: ..* to ever give away 20 percent of the shares, I guarantee
you, because there is no legal impediment to giving away anything in this
country, so you've overstated it a little bit. But anyhow, does anybody have
any questions in relation to this? I see that we have one of the minority
shareholders here. Yes, Commissioner Alonso.
Commissioner Alonso: Yeah, I'd like to hear from him before I ask some
questions.
Mr. Ron Frazier: My name is Ron Frazier, and I'm one of the minority
partners, and I'm here to speak on behalf of the minority partnership.
Armando Codlna could not be here because he's in Jacksonville at a board
meeting, and Garth Reeves had an emergency meeting he had to go to in Chicago.
So I was designated as the person to speak as it relates to this item. I have
talked to a couple of your Commissioners, and I told you that 1f I didn't come
down here and appear before you when this item came up, that means that I was
not in agreement with what has happened. We have had extensive negotiation
with Rouse. The minority partners have now negotiated an item that is in the
benefit of the minority partners, and the percentages of Bayside. Those
agreements have been agreed to, and as it relates to the modification in this
lease, it will help the project. It does not endanger the minority
partnership, as of the latest agreement, and I'm here to state that, for the
record. I think that the amendment allows a lot more flexibility for this
project to go forward, in case of refinancing some other items, but in no
event will the minority partnership entity be erased out of this agreement,
based on our new negotiations. The minority partners are quite happy with
what's going on now, and I am here to say that to you. And two of the
Commissioners know that I said that if I wasn't here, that means I wasn't
happy. I am here, and I am speaking on behalf of the minority partners as it
relates to this item, and I think you should...
Commissioner Dawkins: Explain something to me, Mr. Frazier.
Mr. Frazier: ... I think you should vote for it. Yes, sir.
Commissioner Dawkins: It says neither Bayside Center Limited Partnership, nor
the purchasing partner shall be obligated to resell the limited partnership
interest to another black American, or Hispanic American, entity owned or
controlled by a black American or Hispanic American, and you, the minorities,
have said that's quite all right with you all?
Mr. Frazier: At this point in time...
Commissioner Dawkins: No... Yes, sir.
Mr. Frazier: ...wait, let me - I have to answer it this way, Commissioner
Dawkins. With the new agreement that we have with Rouse Company on the
minority partnership interest, that particular item is fine with us, because
that, internal agreement assures continuity of minority ownership.
EK 78 April 15, 1993
Commissioner Dawkins: How can that - explain to me how that will continue,
minority ownership, when it says they .shalt not be obligated. Now, it spells _
out...
Mr. Frazier: Based on... _
Commissioner Dawkins: ... they shall not be obligated to resell to a Hispanic
American or black American. Now, 1f 1t would have said - if it said "was
obligated," you know, I could buy your line of reasoning. But right here,
sir, it says, "shall not be obligated."
Mr. Frazier: That particular language, you all may want to tinker with, All
I'm telling you is that the new understanding and agreement that I have in my —
pocket...
Commissioner Dawkins: Beg your pardon?
Mr. Frazier: The new understanding and agreement that I have, and the -
minority partnerships have with the Rouse Company, is that there will always
be minority ownership in this process.
Commissioner Dawkins: But that's the same thing they told me, Mr. Frazier,
when they - wait now. When it was first built. They told me it would be
ZZ-
always be minority ownership, and they didn't insert no clause like this. So
now, if I think they lied to me then - and that's my thought... :s
Mr. Frazier: The only thing I...
Commissioner Dawkins: That's my thought, now.
Mr. Frazier: I understand.
Commissioner Dawkins: And I have every right to think they're lying now.
Mr. Frazier: The only thing I can say to you, Commissioner, is the reason
that I'm here today. I did not come down for the other times, and the only
reason it was pulled from all those other agendas is because there wasn't a
common agreement with the minority partnership. That has now happened, and 1
that's why I'm here speaking on behalf of it. I think that it's necessary in i
order for this project to go forward, and I hope that you would support this f
effort.
Commissioner Alonso: Mr. Frazier...
Commissioner Dawkins: When you say "tor this project to go forward," Bayside
is already built. I'm sorry, Commissioner.
Commissioner Alonso: No, no, no. Please finish.
Commissioner Dawkins: Bayside is already built. Where is it to go forward t
to, Mr. Frazier?
Mr. Frazier: It's - it's just wording.
EK 79 April 15, 1993
Commissioner Dawkins: Sir?
Mr. Frazier: It's just wording. When I say "go forward," it's just wording.
It doesn't mean that the project has to be rebuilt or any of those items.
That's just my wording.
Commissioner Dawkins: thank you. I'm sorry. Thank you, Commissioner.
Commissioner Alonso: I think it's only fair that we be given a little bit
more information about the statements that you made, and you have full
confidence that this is going to be the case, and it's going to be the
participation of minorities. It's going to be preserved by making reference
to some sort of agreement that you have some knowledge of, but we have not.
Wouldn't it be fair that we defer this item so that we have an opportunity to
learn about what you are talking about? Because as it seems, and what we have
1n front of us right now, it gives me the feeling that I have no guarantees
that it's going to be done. And you represent the minorities, and you are
telling us it's beneficial to them. Who is going to buy? Is it going to be
open market? Is it going to be Rouse Company who is going to acquire? And I
know that some of the members don't want to sell, but I do know of some that
are willing to sell at the present time. They say they are losing money, they
cannot continue to lose money, and even though it would make sense to wait a
tittle bit longer, because it seems that they will be getting some profits in
the very near future, but they are not willing to do so. How is it going to
be done? Is Rouse Company going to acquire the portion that they own?
Mr. Siplin: Well, see, the way it is, is if - if, say for instance, one
minority can't - defaults on his participation in the deal. Then the other
minority tenants - the other minority partners, my clients, have an
opportunity to purchase those particular shares, OK? Which would continue to
have as 20 percent shares. If not, then it reverts to Bayside, and Bayside
would have the shares. See, this provision that we're trying to work on today
only comes into play if there 1s a default by the current minority tenants.
So...
Mr. Frazier: Partners; not tenants.
Mr. Siplin: I mean - I'm sorry - the partners. Forgive me, please. Only
when the minority partners default. But as it stands today, they're in the
ball game for the long haul of the stay, they are meeting their obligations,
and it's their request for this particular change so that they can stay in the
ball game.
Commissioner Alonso: I have concerns...
Mr. Frazier: This amendment allows the minority partners, as he said, to stay
in the game on the long haul. It also provides provisions that allows the
economics to work. And as I said before, the minority partners are in total
support of this, and that's why I'm down here speaking on behalf of them now.
We have an ironclad agreement with Rouse that has changed and modified our
internal agreements that makes this happen, and we're in total support of it.
I can't tell you any more than that; that we're in total support.
EK 80 April 15, 1993
i
Mayor Suarez! All right.
Commissioner Alonso: Thank you.
Mayor Suarez: Any further questions from any members of the Commission on the
items; item 12, item 13? They are related items, are they not?
Mr. Siplin: Yes, they are.
Mayor Suarez: OK. On item 129 I'll entertain a motion.
-
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Ms. Miriam Maer: Mr. Mayor, if I may, these motions for 12 and 13 should be
pursuant to the understanding we worked out with counsel for the Clouse
—
Company, subject to receipt of an indemnification, and we've...
Mayor Suarez: All right.
Ms. Maer: ... we've seen the form, and there's no problem with it, but we
would like the motion to be subject to receipt of that. Thank you.
Mayor Suarez: Subject to approval of the indemnification provision. Moved.
Do we have a second? Seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-239
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND BAYSIDE CENTER LIMITED
,
PARTNERSHIP WITH RESPECT TO THE BAYSIDE SPECIALTY
3
CENTER PARKING GARAGE, TO FORMALIZE CHANGES TO CERTAIN
'
REQUIREMENTS CONTAINED THEREIN RELATING TO THE
+.r
OWNERSHIP OF THE PARTNERSHIP INTERESTS IN BAYSIDE
t
CENTER LIMITED PARTNERSHIP, SUBJECT TO THE RECEIPT BY
THE CITY OF AN INDEMNIFICATION AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
j
file in the Office of the City Clerk.)
I ';
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
i
if
EK 81 April 15, 1993
i
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
ABSENT: None.
----------------- -------------
20. EXECUTE THIRD AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT WITH THE
BAYSIDE CENTER LIMITED PARTNERSHIP FOR BAYSIDE SPECIALTY CENTER RETAIL
PARCEL -- TO FORMALIZE CHANGES TO CERTAIN REQUIREMENTS RELATING TO
OWNERSHIP OF PARTNERSHIP INTERESTS.
-..----------------------------------------------------------------------------
Mayor Suarez: Item 13, a companion Item.
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Seconded. Any further discussion? If not, please call
the roll.
Commissioner Dawkins: Further discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Put in the record that Miller Dawkins says that again,
the City of Miami has let minorities down in his opinion, in that we demanded
that certain provisions be met, 1n order to have given public land for a
facility, and this is about the fifth or sixth time that I've been sitting
here, and I have been on the losing side of where this Commission, in my
opinion, reneged on its promise. OK. Call the roll.
Mayor Suarez: Anything further, Commissioners? If not...
Commissioner Plummer: Well, yes. For the record, you know, just for the
record, I think I want to state my position on the record, and I think that I
have a disagreement with my soul brother, my blue brother, but I'm doing it
because I think that the limited partners who we tried to help are losing
their proverbial financial tali, and I don't think that we should sit here and
ask them to continue to lose, lose, and lose, just because they're minorities,
and I think that that's wrong. Now, the one point that you did make, I did
enjoy, and I thought was going to pass - unfortunately, it's not part - and
that is that Bayside reserve those areas for future involvement of minorities,
but that's not part of the motion. But I'm putting on the record very clearly
that the minorities, themselves, are asking out, and it's because they've lost
tremendous amounts of money, and at this time, no one, minority or otherwise,
is going to go and assume that obligation, because it's a losing proposition.
So I just wanted to put that on the record.
EK 82 April 15, 1993
_I
Commissioner Dawkins: I respect your explanation, and you have said what I
was trying to say; that the minority members, themselves, did not demand that
1t be sold to another minority, and they sold out, 1n my opinion.
Commissioner Plummer: Yeah.
Commissioner Dawkins: That's my opinion.
Commissioner Plummer: I hear you.
Commissioner Dawkins: They sold the black people out.
Mayor Suarez: All right. Anything further? If not, please call the roll on
Item 13.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-240
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE AMENDED
AND RESTATED LEASE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND BAYSIDE
CENTER LIMITED PARTNERSHIP FOR THE BAYSIDE SPECIALTY
CENTER RETAIL PARCEL TO FORMALIZE CHANGES TO CERTAIN
REQUIREMENTS CONTAINED THEREIN RELATING TO THE
OWNERSHIP OF THE PARTNERSHIP INTERESTS IN BAYSIDE
CENTER LIMITED PARTNERSHIP, SUBJECT TO THE RECEIPT BY
THE CITY OF AN INDEMNIFICATION AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
ABSENT: None.
EK 83
April 150 1993
21. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE
PAYMENT OF $300t000 AS THE CITY'S CURRENT YEAR'S CONTRIBUTION TO JACKSON
MEMORIAL FOUNDATION IN SUPPORT OF THE TRAUMA CENTER.
------------------------------------------------------------------------------
Mayor Suarez: Item 14.
Commissioner Plummer: Mr. Mayor, I'll move this again. I moved this at the
last Commission meeting...
Commissioner Dawkins: Second.
Conmissioner Plummer: ..., with the instructions it was to be paid by the
following Friday, and it wasn't done, and I don't know why not.
Commissioner Alonso: We have the money in the budget, don't we?
Mr. Cesar Odio (City Manager): I tell you why. No, it was not. The waiving,
= the resolution...
Commissioner Plummer: Well, that's a failure of the Administration.
Mr. Odio: No, no, it was not. I was not going to say a word...
Commissioner Plummer: Sir, it was a commitment...
Mr. Odio: But I'm going to tell you that, you passed this resolution and this
so-called commitment based on community development monies being there. They
are not. The Community Development Department rejected this project, and that
you're now - we had to come back to you because the original resolution, call
It that the other way. So now, we have to take this money out of general
funds.
Commissioner Dawkins: That's where it was supposed to come from at first.
Mr. Odio: No, sir.
Commissioner Plummer: Well, you know, I guess we're supposed to tell Injured
people with trauma, you can't get hurt until the money is found, so don't get
yourself injured.
Mr. Odio: No, but we can tell them that they just passed a $200,000,000 bond.
Commissioner Plummer: This Commission is fully aware that we made a
commitment, and as far as I'm concerned, if the Manager knew that the monies
were not available in Community Development, it would have been...
Mr. Odio: No, there does not...
Commissioner Plummer: May I finish?
EK 84 April 15, 1993
Mr. Odio: Yes.
Commissioner Plummer: It should have been the responsibility of the
Administration to find monies elsewhere at budget time and put it in there,
because this Commission made a commitment, and we intend to live up to that
commitment.
Mr. Odio: No, no. You made a commitment 1n principle. In principle. I'll
read you what your words were. The City of Miami committed itself in
principle, over a period of five years. And my principles tell me that to
take City of Miami taxpayers' monies, which we already contributed to the bond
issue and to Jackson Memorial Hospital, and take an additional $300,000 a year
from the general fund that could be used for something else, to give it to
Jackson Trauma Center is wrong. But I'm following your instructions.
Commissioner Plummer: Forty-eight percent of the patients on welfare in
Jackson come from the City of Miami.
Mr. Odio: We pay taxes to the County for that.
Commissioner Plummer: And we have an obligation, as far as I'm concerned.
This Commission agreed that we needed in this community a trauma center, and I
don't think anybody has yet to argue that that was a sorely needed facility,
and we agreed like other communities to provide "X" dollars. All I'm saying
is it should have been in the budget. I'll move th13 item, Mr. Mayor, before
us, with pleasure.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Commissioner Alonso. I have a few
questions too.
Commissioner Alonso: It's under discussion. Yes, of course, I'm very
supportive of this money and I don't want to vote against this item. What I'd
like to ask may fellow Commissioners is to defer this item so we have an
opportunity to work with the Administration to see if we can find some sort of
solution to this case. I don't know how in the world we can possibly say,
take $300,000 from the general fund at this time of the year without creating
serious problems. At the same time, I am surprised to see that we don't have
set aside the funding when we knew quite well that we have a commitment to
Jackson and to the citizens of Miami as well. Since there are some other
things that we have to take into account, like we have passed an additional
tax to support Jackson and so forth. I plead with my fellow Commissioners if
we can defer this item, so at least for my vote, I don't want to vote against
this item today, have an opportunity to look at some other avenues.
Commissioner Plummer: Madam Commissioner, may I bring to your attention,
please, and if you want to defer it for one meeting...
Commissioner Alonso: Yes.
Commissioner Plummer: ... this is a payment that was due...
EK
85
April 15, 1993
E
Commissioner Atonso: I know.
Commissioner Plummer: ... last October. And I think what we really need to
be doing is looking at how we're going to make the payment next October6 but
if you want to defer it for one meeting, I'm sure that they're not going to go
under or close the doors in bankruptcy. I'll second your motion.
Commissioner Dawkins: Second.
Commissioner Atonso: Thank you. I appreciate it.
Mayor Suarez: Moved and seconded. Now, Vice Mayor De Yurre.
Vice Mayor De Yurre: Let me ask a question. Mr. Odio, this was not budgeted?
Mr. Odio: Because, Commissioner, the instructions of this Commission was to
take it out of Community Development monies for five years. We started doing
that. The Department - HUD rejected...
Commissioner Plummer: Pulled our chains.
Mr. Odio: ... the expenditure, because you cannot use... The trauma center is
already built and in operation, and you cannot use it for those, they
disallowed the use of those monies. That's why 1t wasn't put on the budget,
because we were following the instructions. That's the way the money was
given. Now, we brought it back today, because one Commissioner said that we
had made a commitment. But I had to bring it back because the resolution was
out of Community Development monies, and this one is now out of general funds.
Vice Mayor De Yurre: How much have we paid into our commitment?
Mr. Odio: $600,000 have already been paid.
Vice Mayor De Yurre: OK. My understanding is that we are the flagship City
of this community. There are many other communities that committed, certainty
in a lesser amount, but if we don't come through with what I believe was a
commitment from this Commission, when I voted for it, you know, whether you
want to call it in principle or whatever, when we voted for this, my
understanding was that we were committing to a five-year program of $300,000 a
year so that this trauma center could be built, and like J.L. was saying, in a
very high proportion, for the benefit of our citizens here in the City of
Miami. I cannot go against that commitment, what I believe to be a
commitment. So if we're deferring this for one month, that's fine, but
whenever it comes up again, you know, I expect to vote for the disbursement of
the $300,000, and I think, you know, it's something that moraily we are
committed to, and certainly, it's for the benefit of this community, just for
the record.
Commissioner Plummer: And Mr. Manager, if you can find a way other than the
general fund, it's fine with me. I don't have any problem with that, sir.
Mr. Odio: There is no other way.
Commissioner Plunmer: OK.
EK
1
-I
86
April 15, 1993
wMT
Mr. Odio: I just wanted the record clear that we did follow instructions.
Mayor Suarez: All right. A few questions to be directed in the process,
-
assuming that this motion to defer passes, which I gather it will. I intend
to vote for it. I have some of the same doubts expressed here about the
wisdom and correctness of using general revenue funds for the trauma center,
-
as much as I supported the initial resolution, which was premised on CDBG
(Community Development Block Grant) funds. Why, by the way, do we not have
CDBG funds to the tune of $300,000?
Mr. Odio: They disqualified the - Washington turned us down.
--
Mayor Suarez: OK. So it's a federal issue. All right. My questions include
substance and procedure. The County and the Public Health Trust have
—
procedurally failed to keep us informed of their fund raising efforts in
regards to the trauma center, of the major bond issue that I thought I read
about, to the tune of $150,000,000, which, by the way, they seem to have
resisted the input of the community, which wants to decentralize primary
health care facilities throughout the County. And finally, some kind of an
agreement was reached at the County Commission level. It seems that the
Public Health Trust has taken to functioning a little bit like the Off-street
--
Parking Authority of the City of Miami used to function, and some of the other
agencies where we have monitoring authority. Frankly, I would want to have
-
explained all of the financing that they're involved in, in regards to the
trauma facility and any other physical plant improvements that they're doing
—
over there. I want to be convinced that they are priorities. I am, like the
rest of this Commission, backed into thinking that we have some sort of
commitment, and Commissioner Plummer, I certainly would like to live up to it,
even though we kind of didn't do it very wisely, in retrospect, since CDBG
—�
funds cannot be used for that purpose. And finally...
—�
Commissioner Dawkins: At the time, we thought they could.
Mayor Suarez: ... I really don't notice the City of Miami mentioned at all in
regards to the trauma center, or its construction. It's not as bad as the
Metromover extensions, where I once calculated how much the County is putting
into the Metromover extensions, but as of the last time I checked, of the
$28500009000, the County is putting $300,000, and yet, it seems to be a County
project with City, State and Federal funds. In this particular case, I don't
see that the City's contribution is mentioned anywhere. And it's not a matter
of pride of authorship here, it's a matter of the people electing us to do
something with the funds that they pay and give to us through real estate
taxes and other fees, and accountability. And if we're not even mentioned, my
guess is that we're not given much input. You're not consulted, are you, Mr.
Manager, when they plan the components of the trauma center, when they plan
the different elements that it will have?
Mr. Odio: None whatsoever.
Mayor Suarez: I think they have a real long way to go in trying to convince
me for my vote, and I have not gotten any calls from Mr. Cancella, Mr. Jay
Weiss, or any of those Public Health Trust people who apparently from some
pronouncements that I've read seem to act as if they were a separate =
government. I don't...
EK 87 April 15, 1993
Commissioner Plummer: No, sir. Sir, they were here at the last meeting.
Mayor Suarez: Well, I have not been called by them, so maybe these statements
will get back to them. Mr. Manager, I think that you ought to, if not get a
transcript, at least draft a letter that reflects that we've deferred action
on this and we want to hear... And I presume you're with Jackson, right?
Mr. Rolando Rodriguez: Yes, I'm the executive director of the Jackson
Memorial Foundation, and I will certainly make sure all this information gets =
back, and I believe we can answer...
Mayor Suarez: What is your name, please?
Mr. Rodriguez: Rolando Rodriguez.
Mayor Suarez: Rolando, the lack of communication to us has been just abysmal.
I mean, it's just incredible. And we run into these people. I run into them and shake hands, and we smile at each other, and we're all working towards the --
same purpose, but there's no implication whatsoever that we have any say on
anything that is happening over there. And frankly, you'd like to be =
consulted, because otherwise, these questions that we're now asking become
sort of rhetorical questions, instead of questions related to our vote on a --
very important item. This apparently - and it's not your fault, certainly -
apparently has put us in the situation that we're being asked to put general
revenues that we have - just relay this back to them, if you would.
Mr. Rodriguez: I will certainly do so.
Mayor Suarez: We raised $100,000,000 from the one source of revenue that we
can adjust on a year to year basis through our millage rate imposition, and we
can't adjust a heck of a lot, because we're pretty close to the cap.
$100,0009000. Most of that, in fact, almost all of it is taken up by one
department, and it's a very important department, the Police Department of the
City of Miami, which is 90-some million dollars. So that gives them an
idea...
Commissioner Plummer: $90,000,000 plus.
Mayor Suarez: Ninety what?
Commissioner Plummer: $90,000,000 plus.
Mayor Suarez: $90,000,000 plus. So that's over 90 percent of our one
variable revenue is used up for one department, which without which, none of
us could function. And so, you know, using general revenues for a trauma
center when we have just recently approved and supported and all voted in
favor of half a cent sates tax imposition. And we hear of a bond issue
related to physical plant improvements. And when we see some resistance to
what we consider to be a high priority, which is to decentralize the provision
of health care services to the indigent and to people who otherwise can't
afford, pretty soon, it's not going to be just the indigent that can't afford
health care, but anyone except very wealthy people and people who are
otherwise insured is a concern. And we're not getting too much feedback on
EK 88 April 15, 1993
all of this. And so accountability breaks down. And if you would reflect
that, Rolando, we would appreciate it.
Mr. Rodriguez: OK, I will take that back...
Commissioner Plummer: You know, Mr. Mayor, to me, it's a very simple thing.
If you ask any of the taxpayers in this City which is more important - a float
in the orange Bowl Parade for the Police Department, or the trauma center to
receive them if they got shot - I don't think there's much question what their
answer would be.
Mayor Suarez: Is there any chance of using LETF (Law Enforcement Trust Fund)
funds?
Mr. Odio: No, sir.
Mayor Suarez: I thought that we would run afoul of some law on that, too.
OK. Thank you, everyone. The item 1s moved to defer. Do we have a second on
that?
Commissioner Dawkins: Yes,
Mayor Suarez: Seconded. Call the roll. Seconded by Commissioner Dawkins.
THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND
SECONDED BY COMMISSIONER DAWKINS, ITEM WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
22. EXECUTE AGREEMENT WITH THE DOWNTOWN MIAMI BUSINESS ASSOCIATION
($869800) -- TO ASSIST IN IMPLEMENTATION AND COORDINATION OF A
COMMERCIAL FACADE TREATMENT PROGRAM WITH BUSINESSES AND PROPERTY OWNERS
WITHIN DOWNTOWN AREA.
Mayor Suarez: Item 15.
Commissioner Plummer: I got a problem with this. Who's in charge of this
boondoggle?
Mr. Cesar Odio (City Manager): Facade Program.
EK 89 April 15. 1993
Commissioner Plummer: Yeah. First of all, you've only got SO how many
thousand dollars in this?
Mr. Odiot $86,800.
Commissioner Plummer: If each recipient...
Mr. frank Castaneda: It's $1400 per business.
Commissioner Plummer: I understand that. But if each recipient is in favor
of $1400 plus 600 of their own, it would require - there's 63 applications.
It would require $8892009 and you're only providing $869000. My problem is
that I'm noticing in your list that it seems like it's sleight of hand, that
many... Are all of the people who asked, receiving?
Mr. Frank Castaneda: I'm sorry?
Commissioner Plummer: Are all of the people who asked for this assistance
receiving it?
Mr. Castaneda: I think a few were disqualified. I think one was the
Everglades Hotel.
Commissioner Plummer: Well, if they're disqualified, but - for example, I've
got a question. 169 East Flagler, they're getting three grants, OK? I got a
question. 273 Northeast 2nd Street, one, two, three - they're getting four
grants.
Mr. Odio: But you have three different stores.
Commissioner Plummer: Well, Mr. Manager, it's of the same building, and that
benefits the building owner, OK? So I have to wonder. And, Frank, coming
down to one of these, I don't understand.
Mr. Castaneda: OK, which one?
Commissioner Plummer: Well, let's use Intercontinental Cosmetics. You list
the address as 3 South 23 Southeast 2nd Avenue. Is that in Dade County?
Commissioner Alonso: What?
Commissioner Plummer: Right here. 3 South 23 2nd Avenue. What is that?
Ms. Josle Correa: The address is 23 Southeast 2nd Avenue, and...
—� Commmissloner Plummer: Well, what is the 3 South?
Ms. Correa: It's like once, you know, it's like a small building, and inside,
each storefront has a different address. One is 5 South, the other one is -:I
mean 3 South, 7 South, and 8 South. So it's kind of four different stores -
three different stores, but inside of one building.
EK 90 April 15, 1993
71
_ c -
Commissioner Plummer: All right. Let me ask one other question, because I
think you ought to have more money or less applicants, OK?
Ms. Correa: Right, exactly.
Commissioner Plummer: Is everyone of these merchants allowed to use a
different contractor?
Mr. Castaneda: No. They'll probably be using - well, that's up to...
Commissioner Plummer: I'm asking the question. ;
�s
Ms. Correa: Yeah, I think each one has to bring in three bids. f
t
Commissioner Plummer: Three bids?
Ms. Correa: Three bids. That's per the City's, you know, whatever
requirement, is that they have to bring in three bids.
Commissioner Plummer: And they're bound to use the lowest...
Ms. Correa: Yes.
Mr. Castaneda: That's correct.
Ms. Correa: That's usually what the City picks.
Commissioner Plummer: And they have to get it finished within one year?
Mr. Castaneda: Right.
Ms. Correa: Right.
Commissioner Plummer: OK. OK. And you have no problem with one building
receiving numerous grants...
Ms. Correa: It's three different stores.
Commissioner Plummer: ... when others were rejected.
Ms. Correa: It's three different, you know, three different owners, three
different merchants.
Commissioner Plummer: No, I'm just saying where others were rejected. It
doesn't seem fair that one store gets three, and one building gets four, and
some were rejected. That's my only concern.
Mr. Castaneda: Well, the ones that were rejected, 1t was because they did not
qualify. In the issue of the buildings, it's one separate business which is
one building, but it is individual businesses that are getting the assistance.
Ms. Correa: Right.
EK 91 Aprii 15, 1993
Commissioner Plummer: All right. I'd like to see some before and after
pictures.
Mr. Castaneda: Yeah.
Ms. Correa: There are before pictures. We took them ourselves.
Commissioner Plummer: No, no, I'd like to - before, I ain't worried about.
Mr. Castaneda: Right.
Commissioner Plummer: I want to know after I spent my money, what I got for
it.
Mr. Castaneda: OK.
Ms. Correa: OK.
Commissioner Plummer: I'll move it, Mr. Mayor.
Commissioner Alonso: Second.
Commissioner Plummer: I do think you need to check your math.
Mayor Suarez: All right.
Mr. Castaneda: OK.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roil.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-241
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE DOWNTOWN MIAMI BUSINESS
ASSOCIATION, FOR A PERIOD OF ONE YEAR AND IN THE
AMOUNT OF $86,800.00, FOR THE PURPOSE OF ASSISTING IN
THE IMPLEMENTATION AND COORDINATION OF A COMMERCIAL
FACADE TREATMENT PROGRAM WITH BUSINESSES AND PROPERTY
OWNERS LOCATED WITHIN THE DOWNTOWN TARGET AREA;
ALLOCATING FUNDS THEREFOR, IN THE AFORESAID AMOUNT,
FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL
FACADE REVITALIZATION PROGRAM FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
EK 92 April 15, 1993
t
4
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
r ---.-------- r...---------f.----------r---------------------------------.r-
23. EXECUTE AGREEMENT WITH BERMELLO AJAMIL AND PARTNERS, INC. -- TO PROVIDE
PROFESSIONAL ARCHITECTURAL, ENGINEERING, AND CINEMA DESIGN / OPERATION /
MANAGEMENT CONSULTING SERVICES FOR THE DESIGN / PREPARATION OF
CONSTRUCTION DOCUMENTS AND CONSTRUCTION / ADMINISTRATION OF THE TOWER
THEATER RENOVATION (1508 S.W. 8 STREET) -- ALLOCATE FUNDS FROM CIP
321038: LATIN QUARTER SPECIALTY CENTER.
------------------------------------------- ----------------------------------- —
Mayor Suarez: Item 16. Resolution on the...
Commissioner Plummer: Where is the money coming from, Mr. Mayor - Mr.
Manager, on 16?
Mr. Jack Luft: We have $250,000 Community Development Block Grant fund that
were assigned to this project.
Commissioner Plummer: How much?
Mr. Luft: $250,000.
Mr. Cesar Odio (City Manager): Yeah, it's from the Latin Quarter Speciality
Centers Capital Improvement Project Number 321038.
Commissioner Plummer: And what instructions have you given the architects for "{
the design, that we have "X" number, and no more dollars than "X" to spend? ;!
This is for design, correct?
Mr. Luft: Yes, it is.
Commissioner Plummer: OK.
Mr. Luft: This is a design and construction project. I,
Commissioner Plummer: OK. How many dollars are the architects aware that
they've got to design within "X" dollar parameters? What are those {
parameters, and is it in the contract?
Mr. Luft: The construction budget for the facility, that's what you're
asking.
s-
Commissioner Plummer: I'm asking design... `
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April 15, 1993 r �
aa.
Mr. Luft: No, no, we...
Commissioner Plummer: ...total cost. Because the last number I heard, the
Tower Theater, with acquisition and everything, was going to be $1,000,000,
Mr. Luft: Yes.
Commissioner Plummer: I think it's absolutely crazy. This Commission voted
for it. Now, my question is, have you, in writing, instructed the architect
that you have "X" number of dollars to design, and don't go designing
monuments to the edification of somebody on Southwest 8th Street? How much
must they design within?
Mr. Luft: We do not have that number in there.
Commissioner Plummer: Well, sir, then I ask this matter to be deferred.
Mr. Luft: Well, we...
Mr. Odio: Wait. It didn't take place - excuse me. Commissioner, in here, 1t
says that the consultant shall refine the final cost estimate, broken down
into major categories, project elements and project phases. In other words,
we're paying them to come back to us and tell us...
Commissioner Plummer: You're going to pay them $180,000 to do that?
Mr. Odio: Well, they're going to have to design...
Commissioner Plummer: Well, wait, Mr. Manager. When they design, they've got
to know how much dollars you've got to spend.
Mr. Luft: We can set a limit on City dollars.
Commissioner Plummer: Well, you haven't done it, sir.
Mr. Luft: I'm telling you that we approached Dade County and the Performing
Arts Trust, who is setting aside funds for community facilities...
Commissioner Plummer: Wish in one hand, and something in the other, and see
which 1`1113 up the fastest.
Mr. Luft: We obviously cannot bid the project until we have a sufficient fund
to build it.
Commissioner Plummer: Sir, how can you design a project without knowing how
much you've got to spend?
Mr. Luft: Well, we don't know how much we have to spend because we have
several sources of funds...
Commissioner Plummer: Well, then, sir, don't give the monies to the architect
until you know how.
L�
94
Aprii 15, 1993
1=
Mr. Luft: Commissioner, we don't want to design a project, based on a known
amount of money now, when we believe very seriously that we can get funds from
the State of Florida...
Commissioner Plummer: Well, then, don't design it till you know.
Mr. Luft: from Dade County, and then end up with a facility that's
insufficiently designed...
Mr. Odio: But, excuse me, on second, Jack.
Mr. Luft: ... when we have - when we can find more money.
Mr. Odio: But if we don't design, 1f we don't know the minimum specs we need,
we don't know how much it's going to cost.
Commissioner Plummer: Mr. Manager, traditionally in this City, they have
always a 20, a 30 percent overrun.
Mr. Odio: No, sir. The Arena was built under.
Commissioner Plummer: You've got a north police substation that is leaking,
you've got a north police substation that doesn't have furniture, you have a
police station, and yet, it was to be for $5,000,000. How can you design
without knowing the dollars you've got to spend? I don't understand that.
Mr. Luft: Commissioner, we have an estimate for the project.
Commissioner Plummer: What 1s that estimate?
Mr. Luft: $1,5009000.
Commissioner Plummer: Now it's gone up to a million and a half dollars?
Mr. Luft: Well, because this Commission...
Commissioner Plummer: Where in the hell are you getting those monies from?
Mr. Luft: This Commission assisted on a cinema, which 1s more...
Conmi ssioner Plummer: Excuse me?
Mr. Luft: This Commission insisted, directed us to build a cinema, which is
more expensive.
Commissioner Plummer: A million and a half dollars it's up to now?
Mr. tuft: Well, that is - that, I believe, is a realistic estimate to provide
a workable facility.
Commissioner Plummer: Sir, who set the million and a half dollar figure? Not
this Commission.
Mr. Luft: That - no, sir.
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95
April 15, 1993
Commissioner Plummer: At the time...
Mr. tuft: That is...
Commissioner Plummer: Excuse me. Let's get on the record. At the time
that...
Mr. Luft: Night.
Commissioner Plummer: ... in may estimation, we wasted the money to spend a
half a million dollars to buy a property that was $250,000...
Mr. Luft: Right,
Commissioner Plummer: it was said that there was another $500,000 to
bring it into operation. Now, where, suddenly overnight has it gone to a
million and a half dollars?
Mr. Luft: Because that was...
Commissioner Plummer: Who authorized that?
Mr. Luft: Because that discussion, sir, was in the context of a performing
theater, not a cinema.
Commissioner Plummer: Who authorized the number of a million and a half
dollars?
Mr. Luft: You changed it. No one has authorized that, but...
i
Commissioner Plummer: Where did that number come? Out of
the sky, or was
somebody smoking a funny little cigarette? What's the story?
Mr. Luft: That is a realistic number of what it costs to build these types of
j
facilities, not Taj Mahal.
=
Commissioner Plummer: Have you informed this Commission of
a million and a
E
half dollars?
u ` Mr. Luft: Pardon?
i
Commissioner Plummer: Have you informed this Commission that
you're going to
i
J use a million and a half dollars of taxpayers' money?
Mr. Luft: We don't know what we're going to use yet. We know
that...
r,
Commissioner Plummer: But yet, you're going to design it?
= Mr. Luft: We know that an estimated cost for this type of
facility can be
that much. We can make decisions. These contracts and design
drawings can be
f"
done such that there are add alternates or are delete alternates.
You can cut'
and add as you have the funds available. We will design a facility that 'can
be built with the money we have.
Ek 96
April 159 1993
Commissioner Plummer: And how much money do we have?
Mr. Luft: but we would like to have a...
Commissioner Plummer: Now much money do we actually have in hand, and we know
that we guaranteed?`y
Mr. Luft: We have $1,000000.
1 ya
Commissioner Plummer: $1,000,000.
Mr. Luft! Mm-hmm.
Commissioner Plummer: Is that after you've paid a half a million dollars for
that building that's falling down?
Mr. Luft: $380,000.
Commissioner Plummer: You paid for it?
Mr. Luft: Yes. -
Commissioner Plummer: Is that part of the million?
Mr. Luft? That, no, it is not.
Commissioner Plummer: That's in addition to?
Mr. Luft: That's correct.
Comrnissloner Plummer: Mr. Luft, this is not to you personally, sir, but the
City, the people of this City are going to hand you your proverbial butts.
Mr. Luft: Commissioner, we're...
Commissioner Plummer: When you talk about providing a theater that you don't
have money to run, and you sit here and argue that you're not going. to fund a r
trauma center, something is radically, wrong. Now, you all listen. This 1
Commission passed it, I'm aware of that. But I'm saying to you, sir, to sit
here and to spend money to design a building that you don't know how couch you
have to spend, 1s absolutely, in this man's estimation, totally wrong. It is
totally ludicrous, and the people of this - the taxpayers in this -City, sir,
are going to damn well tell you so, because we're up to here, OK? You got an }
angry taxpayer on your case.
Vice Mayor De Yurre: Mr. Mayor, let me say something also for the record.
Commissioner Plummer: I can't believe - a million and a half dollars.
Vice Mayor De Yurre: And I understand J.L.'s concerns, but there is no
question as to the importance of this project to Southwest 8th Street, Little
Havana. There is no question that for years, that has been the eyesore of
that neighborhood. There is something that we are committed to, and that is
EK 97 April 15, 1993
and I think that I speak for everyone on this Commission - that we need to get
this type of project 1n place, ready to go, to revitalize the economic
situation of that area. We always keep talking about the specialty center.
That is, I guess, it's not the back burner, but the back is the back burners.
I don't see anything happening with that at all in the near future. But this
Tower Theater, which means so much, I believe, to the Cuban community, to our
roots here in exile, it is a symbol of our struggle here, and not only that,
it is something that will benefit the community. We don't have any theaters,
any movie theaters anywhere in that area. I believe that this will be a
tremendous thing for the community. I am for it, and I'm sure that with - if
it cost a million and a half dollars and we already have a million, we will be
able to somehow come up with that difference. And I - and we do need to have
some specs, we do need to have some plans put in order, so that we can go out
and obtain the funding, and get rolling on this thing. We've been sitting on
it way too long, and I think it's time that we get - get on with the project.
Mr. Odio: Commissioner, if we...
Commissioner Plummer: Victor, let me say to you, sir, that I concur with you,
and I was a very strong supporter of the Specialty Center. Unfortunately, it
was mishandled. And I think the Specialty Center, for that particular area,
was a great thing. It was something that would have revitalized the area, OK?
But my concern is, the same arguments that I'm hearing here today to support
the Tower Theater, I heard those same arguments about the Artime Center. And,
sir, I'm going to bring once again to your attention, that the Artime Center,
and I assume that it's going to be the same at the Tower Theater, is requiring
$600,000 a year of taxpayers' money to subsidize, to keep the doors opened.
Vice Mayor De Yurre: Well, I don't expect it to be like that.
Commissioner Alonso: But it's not the same.
Commissioner Plummer: There are - what? Excuse me?
Vice Mayor De Yurre: I said that we're talking about a totally different
concept here.
Commissioner Plummer: Victor, first of all, it's not going to be a movie
theater. You have not made a deal with Art Hertz at Wometco, and you cannot -
matter of fact, it was a restriction on the property that you could not run
first rate movies there, OK? So let's don't kid each other. You can't run
first rate movies in that theater today, because there was a restriction on
the property when you bought it. Now, all I'm saying is, listen, spend the
money on Southwest 8th Street and revitalize the area. But, damnit, to spend
a million and a half dollars - call it a half a million dollars 1n subsidy.
Victor, people are tired. People are fed up with taxes. People are fed up
with the services they're not getting, and they're not looking for a Tower
Theater. Now, you know, hey...
Mr. Luft: Commissioner...
Commissioner Alonso: Commissioner, if you look from the point of view of just
the theater, that's exactly right. But if you look at the economic
development that it will bring into the area, and what it's going to do to the
EK 98 April 15, 1993 i
adjacent businesses, then you will have a different answer. look around Sth
Street and see how many places have closed. And one of the reasons that the
situation is so bad is because we have an eyesore 1n that corner that 1s —
creating so much problems for that area. I think this Commission, the City of
Miami, has to do something for that area. It's the largest neighborhood in
the City of Miami. 100,000 people call that home. And if you look at the
numbers lately in the City of Miami, we haven't done much in the last few
years... -_
Commissioner Plummer: We've done nothing.
Commissioner Alonso: ... to improve the economic situation. Let's do it this
time, to see if it works. I think they deserve that.
Commissioner Plummer: Madam Commissioner, as you are well aware, I have 4 =
dinner one block from there at least once a week, OK?
Commissioner Alonso: I know, I see.
Commissioner Plummer: That's correct. You're there also. And let me tell
you something. If would have torn that structure down, which was tried to be
done for a long time, and increased Domino Park, which is almost a very well -
- 1
known tourist attraction today, you wouldn't be spending a million and a half l
dollars. Listen, spend the money in the area. It 1s needed. Southwest Sth ,
Street at night is becoming as desolate as Flagier Street is at night, OK?
-= They're becoming ghost towns. You can shoot a rock down the middle of the i
street, because the people are scared to come out of their house. OK? And
all I'm saying to you is, you're looking at one more area of subsidy, and I
don't know how we're going to be able to afford it. We can't afford what we have now. Let's speak to the issue before us. I object strenuously to ;
awarding a design contract prior to knowing how much you've got to spend.
Now, you all do what you aunt with it, but I object strenuously. It's the
cart before the horse, 1n my estimation, and your wishing and hoping is not
going to do it, and I don't know anything else to say, ma'am.
Commissioner Alonso: May I ask the professionals of the City of Miami to
respond to the concerns that Commissioner Plummer has? Now do we do it in -
-= other cases? Is this different than the rest of the cases? Now do we do it
1n the City of Miami? That doesn't have to be any different than the rest of
the projects that we do. Do we do it differently in this case, or is it the
norm?
Commissioner Plummer: May I respond there? And I'm not trying to interrupt,
but you will member very, very clearly, Commissioner Dawkins and I are —
fighting every day at this table, that the police department would not spend
more than $5,000,000 per substation, and we had argument after argument, OK? —
Mr. Odio: And that was precisely the...
Commissioner Plummer: And that what I'm saying, is that you need to set
parameters. Tell Mr. Bermello. OK?
Commissioner Alonso: Well, I couldn't agree more with you, Commissioner, and
I was with you just down there.
EK 99 April 15, 1993
t
i
Commissioner Plummer: Exactly.
Mr. Odio: You know what happened, though...
Commissioner Alonso: Because we wanted it to be done differently, but it was
done this way, and I think some of the problems that they had is that they had
no idea what they were going to be doing.
Commissioner Plummer: They didn't know what they were doing.
Mr. Odio: On the sub...
Commissioner Alonso: Even the question as posed to the voters was confusing
enough...
Mr. Odio: I think I'm going to bring....
Commissioner Alonso: ... and I think when we said yes, we didn't mean yes to
what we have today, but that's a completely different story.
Mr. Odio: I think what I'm going to do is...
Commissioner Plummer: I want to say that Mr. Bermello has a half a million
dollars, and that he must design a building within those parameters. I can
agree or disagree with that. You want to say he can design a structure within
parameters of $300,000, but you're not giving any parameters.
Vice Mayor De Yurre: Are we talking about approximately a million and a half
dollars?
Mr. Odio: S1. Well, we can't talk.
Mr. Luft: Yes.
Commissioner Plummer: You're going to fall over and drop dead if Millie comes
in here with a million dollar design that you can't afford.
Vice Mayor De Yurre: But J.L., I thought we were talking about a million and
a half. We have a million set aside already, and we're talking about
approximately an amount of one and a half million dollars, and with components
that you can add or take away from...
Commissioner Plummer: But Victor, OK, excuse me.
Mr. Odio: Unless it's designed properly, you will not find the right private
sector operators or partners, because they could be partners, to operate that
facility.
Commissioner Plummer: Victor, my...
Mr. Odio: If you do what you did with the substations, after we had a design,
and then start cutting it in pieces, because we could not exceed the
$5,000,000 cap...
EK 100 April 15, 1993
Commissioner Plummer: We took out the gymnasium.
Mr. Odic: ... and in fact, it's now - now I'm hearing every week here that we
don't have enough parking in Liberty City. But why didn't we have enough
parking? Because we were not allowed to buy more parking at the time when we,
were designing the facility...
Commissioner Plummer: No, no, no, no. That's not the case.
Mr. Odic: ..t because we could not exceed the $6,000,000 cap.
Commissioner Plummer: That is absolutely a false statement.
Mr. Odic: I will get the... We can get the transcript.
Commissioner Plummer: You go get anything you want, sir. You know the reason
you don't have parking in Liberty City? Because you wanted to put a damn
gymnasium the place...
Mr. Odic: No, sir.
Commissioner Plummer: ... instead of providing parking.
Mr. Odic: That's 1s not - we'll get the transcript.
Commissioner Plummer: And we took the gymnasium out of there.
Mr. Odic: Sure.
Commissioner Plummer: We kept you under the $5,000*000. We asked you about
parking. No, you spent the money for a gymnasium.
Mr. Odic: We didn't have - we do not...
Commissioner Plummer: You spent the money for a designed mon:ment building to
somebody, that I don't know who it was.
Mr. Odic: We do not have a gymnasium.
Commissioner Plummer: You did not have money for furniture, you didn't have
money for filing cabinets. People sat on the floor up there and for three
years, you never even used the second floor.
f
Vice Mayor De Yurre: J.L., there's not much else...
Commissioner Plummer: Victor, set a parameter.
Vice Mayor De Yurre: ... that needs to be done or said. Can we just vote on
this, and move on?
Commissioner Plummer: Set a parameter, and I can agree or disagree. `-
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April 15, 1993 ,
f
a.. r '
Vice Mayor De Yurre: Well, I'm saying the parameter is not to exceed the $1.5
million that we're talking about.
Mr. Luft: Commissioner$ the...
Commissioner Plummer: Does that include if you're using it as a cinema
theater?
Mr. ;.uft: Yes.
Commissioner Plummer: Remember what Artlme Center - you paid almost 18,000
for curtains, and that guy down there that was running it, you spent 118,000
for a grand piano.
Mayor Suarez: That's what the curtains...
Commissioner Plummer: Is all of that included in here?
Mr. Luft: Yeah.
Mayor Suarez: That's what the curtains for that facility cost.
Commissioner Alonso: By the way, the piano, what we spent, 1t was a savings
to the City of Miami, because we were spending much more money in the rentals
every time that we had a different group come in, so 1t was less expensive to
buy than to rent.
Commissioner Plummer: There's only one problem, madam.
Commissioner Alonso: Yes.
Commissioner Plummer: And that was, that they waived the rental and we didn't
get anything.
Commissioner Alonso: Not necessarily. They don't. They don't all the time,
and then it's something that you have to address with the Administration.
Vice Mayor De Yurre: OK. Well, let's make a motion.
Commissioner Plummer: All right, out of over 100 rentals in the Artime
Center, 1t took in a total gross of $139000.
Commissioner Alonso: You know something, Commissioner? We have also to
change the conditions in the neighborhood. People are afraid to walk...
Commissioner Plummer: Oh, they won't...
Commissioner Alonso: Because the area is not the safest place in the world.
Also, it's a new facility that people have to know before they start using. I
think it's going to happen very much in the future. We will see that.,.
Commissioner Plummer: I sure hope so.
fK 102 April 15, 1993
i
Commissioner Alonso: ... we will have people coming to the theater, because =
it's a nice place now that has been completed. And please, Jack, would you
respond.
Mr. Luft: Yes,
Commissioner Plumner= I hope I live that tong.
Commissioner Alonso: Oh, you will be here forever...
Commissioner Plummer: Oh, that's - iim not worried about that.
Mr. Luft: As Commissioner Plummer..,
Vice Mayor De Yurre: Miller raised his hand. Miller's turn. —
Mr. Luft: I'm sorry.
Commissioner Dawkins: OK. I move that this be moved with the million -five
cap. If I can subsidize Bayside by letting them out of the minority part of
their contract, I can certainly subsidize a theater for a lousy million and a
half dollars. So moved.
Vice Mayor Be Yurre: Second. '
Mayor Suarez: Moved and seconded.
Commissioner Plummer: May I inquire, Commissioner?
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: Are you talking about in addition to the $385,000 i
that's already been spent for purchase?
Vice Mayor De Yurre: Yes, in addition, in addition to. j
Commissioner Plummer: Is that in addition to?
Vice Mayor Be Yurre: Yes, yes.
Mr. Luft: That's the cost of the purchase.,
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-242
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE FIRM OF BERMELLO AJAMIL !�
PARTNERS, INC., IN AN AMOUNT NOT TO EXCEED
$180,000.009 TO PROVIDE PROFESSIONAL ARCHITECTURAL,
ENGINEERING, AND CINEMA DESIGN/OPERATION/MANAGEMENT
CONSULTING SERVICES FOR THE DESIGN, PREPARATION OF
CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION
FOR THE TOWER THEATER RENOVATION, LOCATED AT 1508
SOUTHWEST STH STREET, MIAMI, FLORIDA; ALLOCATING FUNDS
THEREFOR FOR SAID SERVICES FROM CAPITAL IMPROVEMENT
PROJECT NO. 321038, ENTITLED."LATIN QUARTER SPECIALTY
CENTER."
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso j ■
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr. ;
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL: i
Commissioner Plummer: I will not be a further party to this City going to
hell in a hand basket. I'm sorry, I think it's out of question as to the _
cost, and I have to vote no.
Commissioner Alonso: Since this is a great project for the economic ' -
development of the area, I vote yes. _
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104
April 15, 1993
----------------------------------------------------------------------
24. EXECUTE AGREEMENT WITH TRANSATLANTIC BANK TO ESTABLISH A SPECIAL
DEPOSITORY BANK ACCOUNT.
-i�IYIYYiW----------i-i-------- -----------r---------------i-s--i--HYWi-f�frwY
Mayor Suarez: Item 18, ratifying, approving and confirming the City Manager's
action in...
Commissioner Alonso: And you know, Mr. Mayor, something that will be really
very beneficial for the citizens of Miami, once in a while, if we give the
opportunity to the professionals to respond to some of the questions that we
ask them, it will make sense to the citizens, and to get a fair share of the
information that is available.
Mayor Suarez: May I ask my colleagues to please allow the staff to give us
their full input.
Commissioner Plummer: I'll agree with that.
Commissioner Alonso: Yes.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, you skipped 17.
Mayor Suarez: Yes, sir.
Mr. Jones: You skipped 17.
Mayor Suarez: Sorry. Item 17.
Commissioner Plummer: What was 17? Oh, Transatlantic. Why was Gulf Bank
not - what - you called it a what? Not a - how did you refer to that, Carlos,
1n this document?
Mr. Carlos Garcia: One of the requirements was that they were on file with
the City as a minority vendor, and they did not file with the City.
Commissioner Plummer: Is that simply because they did not file a document?
Mr. Garcia: That was a requirement that they had, but that was not the only
problem we had with that proposal. That was one of the problems, and a
disqualifying problem.
Commissioner Plummer: Oh. Well, would you send me, please, a memo indicating
ail of the problems that you had.
Mr. Garcia: Yes, sir, I will do that.
Commissioner Plummer: I would appreciate that.
Mr. Garcia: Yes, sir.
Commissioner Plummer: This agreement with Transatlantic is for how long?
EK 105 April 15, 1993
Mr. Garcia: Two years.
Commissioner Plummer: And that's the norm?
Mr. Garcia: Yes, sir.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-243
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR A TWO-YEAR PERIOD WITH
TRANSATLANTIC BANK TO ESTABLISH A SPECIAL DEPOSITORY
BANK ACCOUNT AS SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
.------------------------------ ---------------------------------------------
25.(A)RATIFY CITY MANAGER'S ACTION IN AWARDING BID TO OPTIMISTIC
CONSTRUCTION -+- FOR REMOVAL OF HURRICANE DEBRIS STORED AT BOBBY MADURO
MIAMI BASEBALL STADIUM -- ALLOCATE FUNDS FROM FEMA.
(8) RATIFY CITY MANAGER'S ACTION IN AWARDING BID TO S.A.M.
ENTERPRISES -- FOR REMOVAL OF HURRICANE DEBRIS FROM DESIGNATED
RIGHTS -OF -WAY AREAS IN THE CITY.
r---------------------wi--------W-r---------------------------------ire-�iis+-�W
Mayor Suarez: Item 18.
Commissioner Plummer: Mr. Manager, we had no local minority vendor for 18?
Commissioner Dawkins: It's already done.
Commissioner Alonso: It is...
Mr. Cesar Odio (City Manager: That was work we had to do on an emergency
basis. This is a black -owned company.
Ms. Judy Carter: Yes, it is.
Commissioner Plummer: I'm fully aware, and my question is still the same, is
there was no local City of Miami minority vendors?
Ms. Carter: They did participate in the process, but they were not the lowest
bidder.
Commissioner Dawkins: Yes, there was, Mr. Plummer, to answer your question.
Vice Mayor De Yurre:
Commissioner Plummer:
What were the amounts?
Excuse me?
Vice Mayor De Yurre: If they weren't the lowest bidder, what were they?
Commissioner Plummer: Yeah, and I'm asking, by the way, for the same question
on 19. Neither one of these bidders are City bidders, are City -owned
businesses.
Commissioner Dawkins: What they did was, they gave it to this company. And
minorities, they went out and hired minorities with the trucks and ripped them
off.
Commissioner Plummer: No, no, no. Miller...
Commissioner Dawkins: Hey, just - I'm telling you what happened with 18. I'm
telling you what happened with 18.
Commissioner Plummer: OK. No, Miller. I'm asking, was there not a minority?
EK 107
April 15. 1993
t
Commissioner Dawkins: Yeah, there were plenty of them, I'm telling you.
There were a lot of them.
Commissioner Plummer: In the City, that could not have received this
contract?
Commissioner Dawkins! Yes, sir.
Mr. Ron Williams: Not and be the low bidder, Commissioner. Certainly, we had
a lot of minority vendors, both black, Hispanic, and female, to participate in
the hurricane cleanup process. This one was awarded to a black vendor, who 1s
in the County, and provided the lowest price responsive to the bid.
Commissioner Dawkins: And he went out and hired the same people that were
bidding against him and low balled them, and he ended up making the money, and
made those people work for him, because they had to pay for their truck.
Commissioner Plummer: That's right.
M
Commissioner Dawkins: Tell it all.
i
Mr. Williams: Commissioner Dawkins, that's absolutely correct.
Commissioner Dawkins: That's right, that's right. I know it. You and I been
through this.
Mr. Williams: There was an issue of the vendor not...
Commissioner Dawkins: You and I have been through this. You and I have been
through this.
Mr. Williams: ... not being able to provide the full amount of the trucks.
Commissioner Dawkins: You and I have been through this, OK?
Commissioner Plummer: And 18, in particular, wasn't there a Hispanic minority
who you had awarded to? Was there not a Hispanic who had the total tow bid,
and was told, don't take more than $150, - $150,000 segment at a, time, do
that, and come back, and we'll give you another segment?
Mr. Williams: No, sir.
Commissioner Plummer: And never received any other segments?
Mr. Williams: No, sir.
Commissioner Plummer: Mr. Williams, I will bring you affidavits to the 1
contrary. I sent that gentleman to see you...
Mr. Williams: And I met with him several times.
Commissioner Plummer: and he predicated his bid on, I think it was
$100,000 - I'll go into it with you later. But on the record, you're stating
that there was not a Hispanic vendor that offered to do it for less?
EK 108 April 15, 1993
Mr. Williams: On this, there was - there was not, Cormissioner, on this
issue.
Commissioner Plummer: eighteen or i9?
Mr. Williams: on 18, there was not. On 19...
Commissioner Plummer: Would you, for the record, tell me on 18 and 19, how
much it was bid out for a cubic yard? On the record.
Mr. Williams: You mean, what was the award per cubic yard?
Commissioner Plummer: Yes.
Mr. Odio: $3.22.
Commissioner Plummer: $3.22? Is that on both contracts?
Mr. Williams: Let me see. I don't think that...
-Mr. Odio: That's on 0.
Commissioner Dawkins: Wait a minute.
Commissioner Plummer: Well, it would seem like to me, if you're hauling from
Bobby Maduro to Medley, both contractors are hauling the same, that it would
have been the same amount of money; is that correct?
Commissioner Alonso: Now much was the proposal of the black vendor, City of
Miami vendor? Now mwch was the...
Commissioner Plummer: They're both black.
Commissioner
Alonso:
No, but the one who didn't get it was the local vendor,.
City of Miami.
Mr. Williams: It was not so much the amount, Commissioner, but the vendor
could not provide the
equipment, therefore, didn't meet specifications.
Commissioner
Alonso:
Is that the reason that they didn't get the contract?
Commissioner
Dawkins:
Whoa.
7:
Commissioner
Alonso:
And then they used then to do the work?
#
Mr. Williams:
Well...
# ;
Commissioner
Dawkins:
Yes.,.
Commissioner
Plummer:
Yeah.
Mr. Williams:
... they used subs.
•
Commissioner Plummer: See, that's the problem.
Mr. Williams: They used subs.
Commissioner Dawkins: Yes, ma'am, yes, ma'am. He got the contract, and he
went and got the people with the trucks who - who they did not give the work
to, who had the trucks. You know, hey, come on.
Commissioner Plummer: How much a cubic yard was 18?
Mr, Williams: The -- 18, Commissioner, I don't really have. $3.22 was 19.
Commissioner Dawkins: OK defer this until they can come...
Mr. Williams: Was it $10?
Commissioner Dawkins: Defer 18 and 19 till they can coma back and clear up
everything we know.
Mr. Williams: I am being advised that it was $9.99.
Commissioner Dawkins: The work has already been done, we've already got to
pay the people, but I'm like Commissioner Plummer. I've been through this,
and all I'm trying to get is the same thing that all of us are up here to get;
to be sure that this doesn't happen again. And the only way we can be sure it
does not happen again is that we know what you did.
Commissioner Plummer: I'd like the cubic yard price on 18 and 19.
Commissioner Dawkins: And I cannot know what you did until you show it to me
in writing.
Mr. Williams: I'm being advised it's $9.99, Commissioner, but I'll confirm
that and give it to you.
Commissioner Plummer: How much? A cubic yard?
Commissioner Dawkins: Yes, yes, yes.
Mr. Williams: Per cubic yard, yes. OK, let me give than to you on the
record.
Commissioner Dawkins: And then he went...
Commissioner Plummer: On both 18 and 19, it was the same?
Mr. Williams: No.
Commissioner Dawkins: But in 18 it was $9.99, right?
Commissioner Plummer: But wait, wait a minute. Wait a minute.
Mr. Williams: Right, $9.99.
EK
110
April 15, 1993
Commissioner Dawkins: And he subcontracted with the guy with the truck for
how much a yard, cubic yard?
Commissioner Plummer: Mr. Williams...
Mr. Williams: I don't have that third party agreement, Commissioner Dawkins,
but you're absolutely right, because you met - I know you met with them and -
as did I and...
Commissioner Dawkins: Met with all of us.
Mr. Williams: ... and there were about three vendors that we were trying to
work with, and they just could not come up with the equipment.
Commissioner Plummer: Mr. Williams...
Commissioner Dawkins: 'That's right, they couldn't come up with the equipment,
but they - they had - they had the equipment, but they did not have the
equipment to meet the guidelines and the qualifications that you set up in the
bid.
Mr. Williams: Including insurance.
Commissioner Dawkins: Now, had you broken it down where...
Commissioner Alonso: It would have helped.
Commissioner Dawkins: ... if 1 had three trucks, then I could bid to carry
three trucks; if he had six trucks, he could have six trucks; if he had one
truck - you didn't do that. You set it out as one exact amount, and that -
hey, of course the guy with three trucks couldn't bid. But after the guy with
no trucks bid, and the guy with no trucks ended up with the job, then he ended
up hiring the people with the trucks for half of what he was getting, so he
got paid half for doing nothing.
Commissioner Plummer: Did you approve it?
Commissioner Alonso: Yes.
Mr. Williams: Well, lot me refresh the Commission's memory that this was a
particular item that - that this Commission expressed particular concern
about, because it was affecting another vendor that was operating a flea
market at Bobby Maduro Stadium, and I think...
Commissioner Dawkins: You know...
Mr. Williams: ... I think this Commission gave us a specific schedule and
required that we proceed, yes.
Commissioner Dawkins: See, that's what we keep saying up here, Mr. Williams.
Commissioner Plummer:
pay the other $3.22?
Something is radically wrong. Pay one guy $9.99 and
EK iii April 15, 1993
Commissioner Dawkins: this Commission, this Commission directed you to move
the debris.
Mr. Williams: Yes.
Commissioner Dawkins: OK? So now, there was no reason why...
Commissioner Plummer: That's not my problem...
Commissioner Dawkins: There was no reason why you could not have contracted
with a guy with three trucks, why you could not have contracted with a guy who
had two trucks, when we had already directed you to move the debris. It was
not necessary, in my opinion, to put it out as a total, one -bid job, because
you had already been directed to move it.
Mr. Williams: Commissioner...
Commissioner Dawkins: So you should have moved it by having people - in my
opinion, now. See, I'm not - that's your job. I'm not the professional.
See, that's your job. But in my opinion, since this Commission told you to
move it, then it would have been - and we raising hell, because you don't use
black contractors and Latins that you would have - if you didn't find them,
you could have told us, "Hey, you all send us some guys with some trucks, I'll
hire them."
Mr. Williams: Sure. Commissioner, remember, now, because...
Commissioner Plummer: Well, they used blacks. That was not my point.
Mr. Williams: ... because the community - the citizens had raised a {
particular concern to you and other members of the Commission about a
potential...
Commissioner Dawkins: But your job was to move the debris. The citizens'
voted for me, that's why he complained to me for it not being moved. But we
hired a Manager, because the citizens voted for me, and the Manager hired you,
and you were to move the trash.
z
Commissioner Plummer: Mr. Williams.
Mr. Williams: Yes, sir.
Commissioner Plummer: Sir, trash is trash is trash.
Mr. Williams: I wish, Commissioner.
Commissioner Plummer: Why, sir, is one contractor getting $9.99, and the
other contractor is getting $3.22?
Mr. Odio% Commissioner, let me say this for the record, since we learned...
Commissioner Plummer: Trash is trash is trash.
Mr. Odio: Can I say something?
f
'
EK 112 April 15, 1993 a
�r
�'qut
•
Commissioner Alonso: We have a lot today.
Commissioner Plummer: We - yeah, I'm sorry...
Mr. Odiot The day after the hurricane, people were paying $100 an hour for a
tractor -trailer. I think I know a little bit about that business.
Commissioner Plummer: That's why you're out of it.
Mr. Odio: Yeah, that's right, that's why I got out of it. One week later,
the price went down to $30 a ton - an hour.
Commissioner Plummer: Oh yeah, but this was to move it from where you had
stockpiled it...
Mr. Odio: The three companies that...
Commissioner Plummer: ... out of there to Medley. That was three or four
months after.
Mr. Odio: The three companies that tow balled one of the jobs, defaulted.
They couldn't do it, so we had to go to the fourth one.
Commissioner Alonso: That's the one of $3.22?
Mr. Odio: No, that...
Mr. Williams: No, this is item 18.
Commissioner Plummer: Mr. Manager, before we got off on a tangent, my concern
was not the price, to begin with - it is now - but, why we didn't have
minorities within the City, OK?
Mr. Odio: Because there are not enough trucks in the City of Miami...
Commissioner Plummer: I want to give it to minorities, I want to give it to
Latins, I want to give it to blacks...
Commissioner Alonso: The City of Miami residents.
Commissioner Plummer: ... I want Anglos to be a part of it also. We're still
a part of this community, all right?
Mr. Odio: Commissioner, we went out. We...
Commissioner Plummer: But, damnit, use City people.
Mr. Odio: Commissioner, before the County even talked about distributing to
minorities, there wa.gn't one company that worked after the hurricane in the
City of Miami that had no minority involvement. I can - Dwight Stevenson here
in the Grove, National, and everybody else participated in this. There wasn't
one company that did not have minorities in the City of Miami.
EK 113 April 15, 1993
C-O"issiener Plummer: All right. What are we going to do with this thing? f
rmrain, it's already been done; is that correct?
Commissioner Alonso: I guess so. He deferred the item.
Commissioner Dawkins: It's like working on a plantation.
Mayor Suarez: All right, please, let's...
Commissioner Dawkins: See, the problem is, they were working on the
plantation, they didn't own the plantation.
Mr. Odio: Well, that's true.
Commissioner Dawkins: I'm tired of us working on the plantation.
Mr. Odio: That's true.
Commissioner Dawkins: I want us to own the plantation so we can hire some
workers.
Commissioner Plummer: Yeah, but let me tell you, when they...
Mr. Odio: Wells then, we need to plan for the next hurricane.
Commissioner Plummer: ... when they worked on the plantation, they ate well.
Mayor Suarez: All right, on item 18 - plantation aside. We've got to approve
and ratify...
Commissioner Plummer: I - I - Mr. Mayor...
Mayor Suarez: ... the Manager's...
Commissioner Alonso: Eighteen and 19...
Commissioner Plummer: We have no choice. The work has been done.
Commissioner Alonso: ... Commissioner Dawkins said defer the item. 'We have a
motion on the table, so...
Commissioner Plummer: We'll write 1t out of the City Manager's petty cash.
Mayor Suarez: Well, I'm trying to plead with him not to do that.
Commissioner Alonso: Where is he?
a _
Mayor Suarez: I don't know that we have - do we have a formal motion to
defer?
Ms. Natty Hirai: Commissioner Dawkins moved it.
Commissioner Plummer: To what?
EK 114 April 15, 1993
1
i -- -
ti
Mayor suaret: Moved Ott?
Commissioner Alonso: To defer the item.
Ms. Hirai: The deferral...
Commissioner Alonso: He had some questions.
Ms. Hirai: .«. of 18 and 19. We don't have a second, Mr. Mayor.
Commissioner Plummer: You want to defer it?
i
Commissioner Alonso: He wanted to defer it. _
Commissioner Plummer: Pine.
Ms. Hirai: Do you second? ;
Commissioner Alonso: Yes. _ =_
Mayor Suarez: I can't vote for an item...`
May �
Commissioner Plummer: After we spend an hour on it.
I.
Mayor Suarez: I can't vote to defer an item when the Commissioner is not here
to explain the reason why he wants it deferred.
Commissioner Plummer: Well, then, just hold it up until he gets back.
Mayor Suarez: Ali right. We'll table the item, 18 and 19.
Commissioner Alonso: Nineteen.
Mayor Suarez: With companion item, item 20-A.
f
Commissioner Plummer: Well, wait a minute. Isn't that going to be - that's
going to be a long one. 'Y
t x�
1 ;t
Mayor Suarez: That's the famous...
Commissioner Plummer: Yeah, that one's going to come back after midnight
mm
tonight.
Commissioner Alonso: Which one?
t.
Mr. Williams: All of those are connected.
Mayor Suarez: ... solid waste facility?
Commissioner Alonso: Sure. That's going to take - that's impossible now.
Mayor Suarez: OK. Item 21.
Mr. Odio: They're all related, the same.
EK 115 April 159 1993
Mr. Williams: they're all related, Mr. Mayor,
Mayor Suarez: Now far...
Commissioner Plummer: Huh?
Mr. Odio: Mr+ Mayor, let me apologize for having A, g, and C. I don't like to
do that, but this protest came in after...
Mayor Suarez: All right.
Mr. Odio: ... we had the number limited of...
Commissioner Plummer: Twenty-two is also going to be involved.
Mr. Odio: It goes all the way to 21.
Commissioner Plummer: Twenty-four is involved.
Mayor Suarez: Item 20...
Commissioner Plummer: Twenty-five, I'll ask to move over 24 to the afternoon.
What time are we coming back?
Mayor Suarez: Item 23, is that a problematic item?
Convnissioner Alonso: We were asked...
Commissioner'Plummer: Yes.
Mr. Odio: Well, the...
Mayor Suarez: Twenty-three?
Mr. Odio: Twenty-two 1s protesting that bid, that's all.
Mayor Suarez: Twenty-two and 23 are related.
Commissioner Plummer: Twenty-three and 24 are locked together.
Mayor Suarez: OK.
Commissioner Alonso: Can we take...
Commissioner Plummer: So we'll come back at what time; 2:30?
Mayor Suarez: What about 24?
Mr. Odio: Twenty-four is OK.
Commissioner Plummer: How about 2:30?
Mayor Suarez: What's your problem with 24?
EK 116 April 15, 1993
� fs
C"issioner Plummer: twenty,four?
Mr. Odio: twenty-four, Mr. Mayas, is just bringing back - and I see, in a
f
way...
Commissioner Plummer: Well,, I want to - i got to do a little more reading
there, please.
Mr. Odio: ... in a way, it's a historical agreement. I want to tell you
that.
Mayor Suarez: You want to inquire on that?
Commissioner Plummer: Yeah.
Mayor Suarez: OK. And 25.
Commissioner Plummer: And 25 is the Olympia Building. I got a problem with
that.
Mayor Suarez: Is there any item of the ones we have today that you don't have
any problem with?
i
Commissioner Plummer: Yes. See you at 2:30.
i
Mr. Odio: Commissioner Dawkins, did you defer 19 and - IS and 19 or... ,
Commissioner Dawkins: Yeah. i
Mr. Odio: ... can we go ahead and vote on it?
Commissioner Dawkins: Yes.
Mayor Suarez: OK.
Commissioner Dawkins: Wait a minute, hold it, hold it, hold it.
Mayor Suarez: All right. Item 18...
Commissioner Dawkins: What's the majority of the Commission?
r
Commissioner Plummer: Sir, we'd like to hear your opinion. You want to defer
it or not?
Mayor Suarez: You have a motion to defer. Is that a formal motion, or were 4
you expressing... i
I_$
Commissioner Dawkins: Yeah, 1t was a motion.
Commissioner Alonso:
Commissioner Plummer:
t was. "-
Then I second the motion to defer payment.
h
� r
y L
f
i.
Commissioner MOOS I alraady did.
Vice Mayor De Yurre: OK. Discussion.
Mayor Suarez: OK. We have a ratification here of the Manager's action
previously taken.
Commissioner Dawkins: The money has already been spent. I mean, I don't know
what the...
Mr. Olio: Yes,
Mayor Suarez: Right.
Commissioner Dawkins: What's the rush?
Vice Mayor De Yurre: Well, we've got to pay it.
Commissioner Dawkins: The money has already been spent. All we're doing now
is ratifying...
Mr. Odio: Ratifying the emergency.
Commissioner Dawkins: ..6 that the Manager made the correct decision. Now, I
need to know what the decision was. That's all I need to know. It's not...
Mr. Odio: We have...
Commissioner Dawkins: It's not like...
Mr. Odio: We have not paid these people, Mr. Mayor. We are holding up
payment.
Commissioner Dawkins: Oh, you haven't paid them?
Mr. Odio: Oh, no. Unless you approve this, I'm not paying it.
Mr. Williams: No. Right.
Vice Mayor De Yurre: Well, we've got to pay it.
Commissioner Dawkins: Oh, well, OK. I'll take back my...
Mayor Suarez: OK. Withdraw the motion to defer. Do we have a motion to...
Commissioner Plummer: Move 18.
Mayor Suarez: Thank you.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not...
Commissioner Plummer: Send our money out of the City.
EK Ila April 15, 1993
Mayor Suarez: ... please call the roil.
Mr. Odio: it's FEMA (Federal Emergency Management Agency)monies.
Commissioner Alonso: it's oursb
nute, hold it. Now, I'll defer it. Now,
Commissioner Dawkins: Now, welt a mi
1'11 defer 1t.
Commissioner Plummer: Whoa, that is a different color than regular dollars.
Commissioner Dawkins: Here we go again.
Vice Mayor De Yurre: What's that?
Mr. Odio: Yes, they are.
commissi
oner Dawkins: Defer it. And let him explain the difference between
FEMA money and our money.
Commissioner Alonso: It saved the City. killed yourself.
Commissioner Plummer: You're kidding me.
'! Commissioner Alonso: It really did.
Mr. Williams: The difference of one pocket. if at
Mayor Suarez: It's the same money -,
don't knoer sour why we had to clarify
that particular point that it came
on
Commissioner Plummer: Open mouth, insert foot.
We have a motion and a second. Any discussion? If not, please
Mayor Suarez:
11 the roll.
ca
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-244
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGERS ACTION IN AWARDING THE BID
O
OPTIMISTIC CONSTRUCTION IN THE AMOUNT OF $284.175.00
FOR THE REMOVAL OF HURRICANE DEBRIS STORED AT THE
BOBBY MADURO MI p ILB!� BALL STIUM AND
T D
THE MEDLEY LAN FUNDS THEREFOR PORTED
F.E.M.A. DSR #89807.
(Here followsftice of of the City C1erk.;tted here and On
file in the
EK 119 April 155 1993
i.
Upon
beitr� seconded Commissioner
by
ptwkins, the resolution was passed
and adopted by the following vote:
Commissioner Miriam Alonso
AYES. Commissioner Miller J. Dawkins !
Commissioner J. L. plurmer. Jr.
Mice Mayor Victor be Yurre
mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL: dollars out of the City, Yes.
Commissioner Plummer: I love to send my dolt
_ CoMissloner Dawkins: Reluctantly, Yes -
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Is 19 another ratification?
Commissioner Alonso: Thirty-two, we can take.'' s out of my City. Move 19.
Commissioner Plummer: Oh, yeah, send more dollar
Mayor Suarez: Thank you.
Commissioner Alonso: Second. Cgnmissioner Plummer, who
The following resolution was introduced by
waved its adoption:
RESOLUTION N0. 93-245
A RESOLUTION RATIFYING, APPROVINGTHE BID CONFIRMING
S.A ME
CITY MANAGER'S ACTION IN AWARDING
sas.2a,
FOR THE
ENTERPRISES IN THE �1NT OF $151, ING FUNDS
ENOVAL OF HURRICANE DEBRIS FROM DESIGNATED AREAS IN
R
THE CITY F I MIA DSR i93090AY,
THEREFOR
ere follows body of resolution, omitted here and on
file in the Office of the City Clark.)
Seconded b Commissioner Dawkins, the resolution was passed
and adopted by
„ Upon beingthe following vote:
120
EK
April 15, 1993
AYES: Comissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now, the question is...
Commissioner Plummer: 2:30.
Mayor Suarez: ... I gather, as I see people approaching the mike, what items
will we be taking and at what time. Commissioner Plummer has requested 2:30
for a starting time. That's acceptable, if it's acceptable to the rest of the
Commission, which I gather it is, and we would begin the items exactly in the
order that they are before us...
Commissioner Plummer: Of course.
Mayor Suarez: ... which would mean...
Commissioner Alonso: Twenty.
Mayor Suarez: ... item 20-A would be the first one right after lunch.
Commissioner Plummer: Right.
Mayor Suarez: OK.
Commissioner Alonso: OK.
Mayor Suarez: We are otherwise adjourned.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:00 NOON AND RECONVENED AT 2:41 P.M., WITH VICE
MAYOR DE YURRE, COMMISSIONER DAWKINS, AND COMMISSIONER
PLUMMER FOUND TO BE PRESENT; AND MAYOR SUAREZ AND
COMMISSIONER ALONSO FOUND TO BE ABSENT.
rrr �r r rNr��rrrrrNrN-NrrrNrrNN..rrrrr r r -rr- r-�rr r�r r
26. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF WILLiAM M.
WOLFARTH, A FORMER CITY OF MIAMI MAYOR.
r-rrrrr�rNr�-�r�MrrtrNrr rr�NNr�rr-NrrrrMr�-rrNr-yr�rr�Nr-rrrrw�Nr
Vice Mayor De Yurre: What item are we on?
Commissioner Dawkins: Twenty.
Mr. Odio: Twenty -A.
EK
121
April 15, 1993
Vice Mayorr De Yurre: Twenty -A. OK. Let's go ahead.
Commissioner Plummer: Mr, Vice Mayor.
Vice Mayor De Yurre: Yes, sir.
Commissioner Plummer: In the usual spot of this morning, I would like to, if
I could, as a personal privilege. It has normally always been the case that
we saw, unfortunately, the passing of a former Mayor of the City of Miami, and
I think it is only appropriate that Mr. Bill Wol farth, who served
v the this
Cito as
its Mayor, and served it well, that we should offer,
resolution, tas o hiseuntimelyto so pas ing, anddi to his so movefamily
thatethattbenOf our
condolences done.
Commissioner Dawkins: Second.
Vice Mayor De Yurre: OK. So moved, seconded. Call the roil.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-246
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FR*ENDS OF WILLIAM M. WOLFARTH, A FORMER MIAMI MAYOR,
UPON HIS UNTIMELY DEATH.
eoe Clerk.)
here and on
file inthe Officof the City C1
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Commissioner Miriam Alonso
Mayor Xavier L. Suarez ---------
NOTE FOR 711E RECORD: Although absent during roll call,
Commissioner AlOnSO requested the Clerk to show her in
agreement with the motion.
-------------------------------------------------
Commissioner Plummer: Thank you, sir.
EK
122 April 15, 1993
I
FIWIANOW`
—� ' c:�..���.uc..�:r�.�.i:+�w�rrrn.r�iwyr+.sisan�ri.�w.�...pry.�.:r.�..�r�a�.w�a.�.rrv�.ai.nira�c�rar.�.W► —_
27. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF NiIAMI
WASTE PARTNERS IN CONNECTION WITH RFP 91-92-1020 WHICH SOLICITED FOR
FIRM TO DESIGN, CONSTRUCT, ACCEPTANCE TEST, FINANCE, OWN OPERATE A
SOLID WASTE PROCESSING FACILITY.
....--w-r--w---------
---------------r-
---------------------w
r-w-f�-w-rw-w------w-w -
Vice Mayor De Yurre: Twenty -A.
Commissioner Plummer: What is this?
Vice Mayor De Yurre: A protest, I believe.
Commissioner Plummer:
Well,
there's her 'stonl
do anythings.There's
oft o Of us.
Hold on. There's only
two of
ue You can't
Vice Mayor De Yurre: Miller Dawkins?
Commissioner Dawkins: Yes.
Vice Mayor De Yurre: We need you.
Commissioner Plummer: We're without a quorum.
Commissioner Dawkins: All right. I'm right here. What do you all want me to
do? I second it.
Commissioner Plummer: That is that we cut the salaries of all Commissioners
seated to the right of the Mayor.
Vice Mayor De Yurre: OK. We have a quorums. Go ahead.
Mr. Ron Williams (Assistant i t mamahe manager):
opportunityThank
you, Mr. Vice Mayor.
of introduction, I would
Commissioner Plummer: This is 28?
Mr. Williams: Twenty -A.
Vice Mayor De Yurre: Twenty -A.
Commissioner Plummer: Oh, 20-A, I'm sorry.
Vice Mayor De Yurre: Twenty dash "A", Capital "A."
Commissioner Plummer: "A" as in "apple."
By way
re
Mr. Williams: Right. To kind Of a endapdate You on a We received coneele of rns orissues that expressionsaof
not before you 1n the printed 9
concern that we're going protests
from
s, t least three other
vendors that may or may not be affected bs
EK
123
April 159 1953
i V&ii-iii fY--i.t-i iy a. --"4ft ►4 itiiAa is iii-i--f•iiiriw&0Y
Nf _B Commissioner Alonso entered
Meeting a ' mm
: p.m*
i fii rtGi--- iw--&---------- *.i ----fir------i---rill----
1 s
the ,
Vice Mayor De Yurre: Hold it, hold it, hold it. Did they file a timely
protest?
Mr. Williams: We believe that they are not timely, and that's why we're not
suggesting that we not proceed here, but I do want to get their concerns on '—
the record, and we will bring them back to you formally at some other time.
But we do need to proceed with A, B and C.
Vice Mayor De Yurre: No, hold it. Now can you bring them back to us formally +
if they are not timely?
Mr. Williams: Because I...
A. Quinn Jones, III, Esq. (Assistant Attorney): No, my suggestion...
Mr. Williams: You want to respond to that?
Mr. Jones: My suggestion was, Mr. Vice Mayor, that if they were not untimely,
what I advised the Chief Procurement Officer was to make it known to you that
these concerns were expressed subsequent to this time, so at least it would be
put on the record, irrespective of the fact that they were untimely. i
Commissioner Plummer: Well, you know, we're having this more, and more and
more. Tell me - it's a 14-day window, correct?
Mr. Williams: That's correct. i
Commissioner Plummer: And is that from the time that you notify them by
certified mail? What official notification do you give to somebody so that
they have that full 14-day window in which to file the protest, if they wish?
What method do you use that is... Is it certified mail? Is it a telegram?
What do you do - hello?
Mr. Williams: Yes. I'm waiting on you to complete the question,
Commissioner.
Commissioner Plummer: My question is when you notify - when these people have;
a 14-day window to file a protest, what starts that clock running? Is it a -
is it a certified letter, saying that you are sorry, Charlie, out of luck?
What is it that - how do you notify?
Mr. Williams: Commissioner Plummer, we don't, and let me just respond this
way... ;
i.
Commissioner Plummer: Well, then how do they know that the window started?
3:
Mr. Williams: If I may, Commissioner Plummer. I believe the City Attorney is
going to read you straight from the Code, but let me tell you exactly how it
works. We basically...
i
EK 124 April 15, 1993
Commissioner Plummer:
Mr, Williams: Yes, sir:
Mr. Williams?
Commissioner Plummer: My problem is, whatever we're doing is not working,
because we're hearing mote and more of these "you weren't timely." so that's
why I'm raising the question -
Commissioner Alonso: I couldn't agree more. You know, the system should be
that for all the people that participate in a bid process, we should have a
written form that explains to them, in case they have to present - Just spelt
Out, given to them.
Mr. Williams: We do have that. We do have that.
Commissioner Alonso: You do?
Mr. Williams: That's part of our general conditions, yeah.
Commissioner Alonso: Then why do we have so many of these conditions?
Commissioner
Plummer:
What?
What
do you give
them?
Mr. Williams:
We give
item a
- as
part of our
bid document...
Commissioner Plummer: Yeah.
Mr. Williams: ... basically, the provisions that address protests, we give
them information that addresses minority, women participation.
Commissioner Alonso: May I see a copy?
Mr. Williams: Absolutely.
Commissioner Alonso: And it's the same in every case?
Mr. Williams: Yes, it is.
Commissioner Plummer: But wouldn't it seem logical - or it does to me - that
you...
[INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.]
Commissioner Alonso: That's right, but you should know how.
Commissioner Plummer: No, no. it would seem logical to me that the non -
winners of a bidding contest, 1f, in fact, are to avail themselves, have got
to know when that window is open.
Mr. Odio: Weil, they know, but...
Mr. Williams: it's very clear in the Code.
EK
125
April 15� 1993
tl-
Mr. Odio: ..6 the problem here is When you lose, you Will not come out...
Commissioner Plummer: You say they know. _
Mr. Odio: Wait. We tell them in writing.
Commissioner Plummer: Now, one of the bidders - and I'm not going to bring up
which One... -
Vice Mayor De Yurre: J.L. ...
Commissioner Plummer: ... said he was out of town.
Vice Mayor De Yurre: J.L., that - why don't we deal with that at another
time. Let's deal with the issue at hand. I don't believe.
Commissioner Plummer: It is - excuse me, Mr. Vice Mayor...
Vice Mayor De Yurre: What?
Commissioner Alonso: It is at hand, sure.
Commissioner Plummer: There's two of the people here who are at hand in this
issue right now. That's why I brought it up, sir.
Vice Mayor De Yurre: OK But my point is, that if they did not file a timely ?
protest, we do not have to hear this, and we have to move right on.
Commissioner Plummer: My problem is this...
Commissioner Alonso: Then why is it part of the agenda?
Commissioner Plummer: OK? No, no, the two that are not, are not on the
agenda.
Vice Mayor De Yurre: No, no, no. The 2-A - no.
Commissioner Alonso: OK. But...
Commissioner Plummer: That's my problem.
Vice Mayor De Yurre: Well, we're talking about two additional ones. -
Commissioner Alonso: I want to see the form.
Vice Mayor De Yurre: Commissioner Alonso... _
Commissioner Alonso: Yes.
Vice Mayor De Yurre: Two additional ones that are not part of A. B, or C.
Commissioner Alonso: I know,
but I want to see the form. Why? Because I
don't want to be faced with the same situation that we see every Commission
meeting. We are listening to the same stories.
EK 126 April 15, 1993
Commissioner Piu inert Weli, fir. City Attorney, would it...
Commissioner Alonso! 5o something must be wrong.
Commissioner Plummer: ... would it be in line...
Commissioner Alonso: If we have to make it a little bit more clear to the
people that participate...
Commissioner Plummer: ... that this Commission...
Vice Mayor De Yurre: I think we have to let them know that if they do not
abide by the strict rules and guidelines...
Commissioner Alonso: Exactly.
Vice Mayor De Yurre: ... we don't want it to comet: before us.
Commissioner Plummer: They...
Commissioner Alonso: Exactly.
Commissioner Plummer: Excuse nee. -
Commissioner Alonso: Don't even bother with it. —.
Commissioner Plummer: There at mnone,
uishouldthat'skthe problem. There's no
official notification at this
Commissioner Alonso: Well, that's not what I heard that Mr. Williams said.
Commissioner Plummer: To me... f
Mr. Williams: Commissioner... c
Vice Mayor De Yurre: No, no, no, no.
Commissioner Plummer: To me - no, they tell them in the bid document, you can `
call, you know? You can send a carrier pigeon. _
Vice Mayor De Yurre: OK.� Miller Dawkins.
Commissioner Dawkins: Nobody is more dissatisfied with the Procurement
Department than me. Nobody.
Commissioner Plummer: Don't take full credit.
Commissioner Dawkins: But by the same token, we only have these protests
after the individual finds out he didn't win.
Commissioner Plummer: That's right. E_
k,
EK 127 April 15, 1993
?'<:
r M153 ilk
ti
sAry - F
- r+
7 'F•: Fr
issioner �i to eo�eain the indi
vidual goes to find all kinds of of
whateVer you h
Commissioner Plumn�ers Why would a winner protest?
... to get up in a hearing before the Commiss On to
to the
Commissioner 4awkinS: ain, as we keep saying
atter�pt to get their point over. But I it say ag
Procurement Office...
• But seems like to me they'd send them a certified
Commissioner Plummer.
letter..•
Commissioner Dawkins: •••
if there is no protest...
Commissioner Plummer: ••• return receipt requested.
j Comm do you put it on the
—,
ins: ... and it is not t
Commissioner Dawkimely, why
agenda?
_ Well, they don't. There's two here, Commissioner***
Plummer:
Well, why are we hearing it, if it`s not on the agenda?
Commissioner Dawkins: that they
-i Commissioner Plumme
r: Well, the problem is that these people say
did not have the availability to...
—s Well let...
Commissioner Dawkins: didn't
Commissioner
oner Plummer: ••• to file within the two weeks, because they
knave it.
Dawkins: Well, let them - let them that to the
are rightProcurement
Commissioner office determine
officer, and let the Procurement
wrong, and bring it back to us.
Commi ssi oner Plummer: I think for $1 per losing bidders
�aneofficialodocnuments
You
Pee a certified, return receipt 1e14edays, you've got to open that window
they ve been notified. From that day, be _ you know.
� h or you're out. And that's the wnvato or business not this
and crawl through*
} maybe, or you should have known, or you could
that's crazy.
x Commissioner, I have a modification that has been prepared
andthat I
Mr. Jones: Cortm royal at the first regular meeting
will bring back for your Opp
apologize, be cause I've had it for some time, but you wilt remember, the last
couple
of meetings, there was some concern about - at least expressed Y••• rry about it, your replacement will take care
Commissioner Plummer: Don't wo
of it.
Mr. Williams:
Fine. But in any event, there than somedo piecemeal* was concern
aboutit was
entire Procurement d Code,
it a1 d at oneoursetime, rat er
my opinion that we
128 April 150 1993
EK
77
Commissioner Plummer: Agreed*
y ----------------- ------
NMt FOR THE RECORD: Mayor Suarez entered the meeting at
P.M.
ft-ft --------------------------
Mr. Jones: But since this is a recurring problem, I will bring 1t back for
your... a modification of this Code section for your approval at the next
regular meeting.
Mayor Suarez: As to the protest, and keeping in mind the agenda, although I
know that there 1s another protest filed through Kelley, Orye, and Warren.
Are they represented here? And that would be on behalf of what company?
Unidentified Speaker: NRRC (National Resource Recovery Corporation).
Mayor Suarez: NRRC. Welt figure out exactly what the acronym stands for in
a second. But I think we ought to go to 20-A, and that would be Miami Waste
Partners. And here, Commissioners, I would suggest yes. Ron, are you going
to suggest some other way of doing this before I suggest my...
Mr. Williams: No, I'm not, Mr. Mayor, but just as a follow-up, in addition to
the firm that you just named, National Resource Recovery Corporation, we've
also had a letter from American Recycling Company, and Daneco, Incorporated,
and I just want to get those on the record.
Commissioner Plummer: You ever heard of a winner protesting?
Mr. Williams: We've received those in the last couple of days, per discussion
with the City Attorney.
Mayor Suarez: All rlghty. Anyone else that needs to make a presentation?
Madam City Clerk, I would ask you to notify each party at the and of five
minutes. I think if we have to restrict them to five minutes, we probably
could, under our Code. But in the meantime, I have a feeling, folks, all the
protesting entities, and anyone not recommended as the number one entity, that
we're going to engage in fairly - I don't want to say convoluted - but fairly
extensive discussion, the Commissioners, and that a lot of your concerns of
ratings, et cetera, are going to come up 1n any event. So don't think that 1n
any way you're going to get short shrifted by making your presentation and
keeping it to five minutes, if you would, please. Item 20-A would be the
protest of Miami Waste Partners.
Commissioner Plummer: Are they present?
Mayor Suarez: OK. Item 20-8 then. We'll skip over Miami Waste Partners.
Commissioner Plummer: No, we got to do something on 20-A.
Commissioner Alonso: Yes. We have to...
Commissioner Plummer: I move that we accept the recommendation of the...
Mr. Williams: Chief Procurement Officer.
EK 129 April 15, 1993
'�� ` t-,`+ ..;� ' s '� "� �•o--k` `x �"w''_ F '`-t -mot ,ff F
Commissioner Plummer! What
Mr. Williams: Chief Procurement Officer.
Commissioner Plummer: The Chief Procurement Officer, i so move.
Mayor Suarez: To reject the protest?
Commissioner Plummer: To reject the protest.
Mayor Suarez: OK. Do we need to put anything on the record further to —
properly vote on the rejection of protest? OK. So moved. This is the one
that will now make a presentation, Miami West Partners, with rejection of
protest.
Commissioner Plummer: Excuse me. Mr. Williams, they were so notified, sir,
that this would be appearing on this agenda?
Ms. Judy Carter: Yes, sir, they were notified.
Commissioner Plummer: All right. =
Mayor Suarez: OK. Do we have a second on that motion, then?
Commissioner Alonso: Yes, second.
Mayor Suarez: Second. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-247
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF MIAMI WASTE
PARTNERS, IN CONNECTION WITH REQUEST FOR PROPOSALS
(RFP) 91-92-102, WHICH SOLICITED FOR A FIRM TO DESIGN,
CONSTRUCT, ACCEPTANCE TEST, FINANCE, OWN/OPERATE A
SOLID WASTE PROCESSING FACILITY, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
EK 130 April 15, 1993
i
AYES: CoMissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Understanding this is a procedural determination, that there
may be substant toissues
raised by Partners.One
eOof the protesting entities that
would have applied
------------ ---- -----
28. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF
SOUTHERN RECYCLING SYSTEMS, INC. IN CONNECTION WITH RFP 91-92-102, WHICH
SOLICITED
FIRM
WASTE PROCESSINGNFACILITYACCEPTANCE TEST, FINANCE, OWN
/ OPERATE A SOLID
------------------------------------------------------------------------------
Mayor Suarez: Southern Recycling Systems, Inc.
Mr. Gustavo G. Diaz: Yes.
Mayor Suarez: All right.
Mr. G. G. Diaz: Good afternoon, Mayor, members of the Council. Some comments
that Mr. Plummer made...
Mayor Suarez: Would you put your name and address on the record, please.
Mr. G. G. Diaz: My name is Gustavo G. Diaz. I'm vice president of Southern
RecyclingyaSystems. isnic woman, and and minority
aancouple Themajority
re sons there of our stock
the
held by P
arguments...
Commissioner Plummer: Stock held or operated...
Mr. G. G. Diaz: She owns 51 percent of the company.
Commissioner Plummer: That's fine. Does she operate the facility?
Mr. G. G. Diaz: Yes, she does.
Commissioner Plummer: Does she hold the certificate of conVetency?
Mr. G. G. Diaz: Yes, yes, she does. She's the president of the corporation.
Commissioner Alonso: She does.
Commissioner Plummer: I'm not saying...
EK 131 April 15, 1993
z
Mayor Suarez: Who is that? Who is that person, as long as you...
Mr. G. G. Diaz: Maria Luisa Diaz.
Commissioner Plummer: OK,
Mr, G G. Diaz: OK. Some comments that you were making, Commissioner Plummer,
in reference to the window on protests against these bids. The fact of the
matter is that we were here on the day of the bid. We were represented by Mr.
Hector Moreno, who was here to turn 1n our bid. They arrived here several
minutes before 11:00 o'clock with the bundle of papers that we were to
present, and there were people standing between the counter, the window for
the Clerk's Office and where he was standing. Being polite, I'm going to let
him say exactly what happened at that time, and I'd like to continue with
other discussion in reference to this matter.
Mr. Hector Moreno: My name is Hector Moreno. I'm with Southern Recycling
Company. On March the 3rd, at 11:00 o'clock, we were supposed to put in this
bid. As I got into the hall, it was a little before 11:00 o'clock. So as I
approached the City Clerk's Office, there was a lot of people standing around.
So not to be impolite, I just sat in the back of all these gentlemen that was
over there. As I sat there, then the lady start reading the names. I guess
it was the names of the people that put in for the bidding. So then, after
she finished reading all those names, a gentleman that was standing in the
line told this lady at the City Clerk counter, there's another gentleman here
that wants to put in for a bid. So as I approached the counter, the lady told
me, "You are late." So I didn't know what time it was, so I start telling
them, you know, we got a lot of money invested in here. I was over here a
little before 11:00 o'clock, and I just was waiting for - to see if these
people was going to move.
Mr. G. G. Diaz: It doesn't end there, though. Thank you, Hector.
Mr. Moreno: So - wait a minute. So as I was explaining to her that, you
know, that we had a lot of money invested, and a lot of time invested, another
lady just stamp a piece of paper that say 011:11.0 And that's when I quit
talking. I Just walk back.
Mr. G. G. Diaz: The problem here - it doesn't end there. That's OK. But...
Mayor Suarez: Yeah, well, you can move the mike closer to you.
Mr. G. G. Diaz: We, Gustavo Diaz, again, for Southern Recycling Systems.
7327 Northwest 36th Street. From there, we immediately proceeded to file a
protest. We went to the offices, we saw Ms. Judy Carter, Procurement Officer.
She told us that the best thing we could do - she saw our project and realized
our project was an anaerobic presentation. It was not aerobic. Evidently,
the file that was presented, I, in may opinion, from what I know about the
available technology, available to our City, and the funding, and the monies
that are available through the federal government, to our City, where we
wouldn't have to put any front end in to make this project, with our project.
We presented - she told us that we should file for a new bid, a new RFP
(Request for Proposals) that included aerobic and anaerobic plans or
EK 132 April 15, 1993
•
proposals* Our proposal, as I said, is an anaerobic proposal. The fact of
the Matter is that our proposal has not even been reviewed, and I think that
it is to our benefit as a City, the constituents of the City, the Mayor, the
Council, to have at least an opportunity to look at this. What we are asking
is that a new RFP be done, so that we can participate; one that would be
defined as aerobic, permitting aerobic and anaerobic projects from being
presented. There is other data that I would like to present in reference to
what an anaerobic plant is. We haven't finished our presentation. it's going
to be two more minutes. And we have a gentleman here as a consultant to our
firm, Peter Wechselblatt. He will present himself, and he's got some of the
data, as far as the NREL, which are are federal funds that are going to come
in to help us, where it's not going to cost us a penny up front.
Ms. Matty Hirai (City Clerk): Five minutes are up, Mr. Mayor.
Mr. G. G. Diaz: Go ahead.
Mr. Peter Wechselblatt: Excuse me. I'll be as brief as possible. My name is
Peter Wechselblatt. I'm from New Jersey, and I represent the technology
supplier to Southern Recycling System. The technology that we have submitted
is both anaerobic and aerobic.
Commissioner Plummer: Whoa, whoa, excuse me. Mr. Mayor, that is not the
matter before us. The matter before us, sir, is a protest of a bid; not about
the bid, sir. You can speak to anything you want of why you should be
recognized as to the bid; not your process.
Mr. Cesar Odio (City Manager): If I may...
Mr. G. G. Diaz: No, I...
Mr. Odio: Excuse me. I met with them. I told them they had been late. The
City Clerk can address that part, that - you want to talk or you want to...?
Mr. G. G. Diaz: I'm listening.
Mr. Odio: That they were late, and the rule says clearly, if you are late,
you are late. Now, that's their only argument. The anaerobic argument and
aerobic argument - this proposal calls for aerobic systems, so...
Mayor Suarez: Commissioner Plummer and Mr. Manager, my idea was that even
though it's not too related to the protest, we may as well just hear them out
in five minutes, let them say what they want to say, because otherwise, it
will never end, J.L.
Mr. Odio: The point that 1 couldn't understand was, if they were standing in
line and they were late punching in, that's something that I don't know...
Mayor Suarez: That's part, I'd like the Administration to answer, as soon as
they finish.
Mr. Wechselblatt: Very briefly, the submittal to the City is a submittal that
uses an anaerobic front end, and then an aerobic rear end. And therefore,
with an aerobic rear end, it meets the qualifications of the bid. That's one.
EK 133 April 15, 1993
?i M 4
artment through the National Renewable
I993 and 1994, and the
Setondsthe United tort' has State
oep of Energy
rtioned federal money for
Energy Laboratory
reason for...
. Excuse me. Excuse me a second* they lim
in on out' ing
if
if
Vice Mayor De Yurre. Is . the issue here is whethe
what J.L. just said• first whether they're in+ in order to hear what they,
we don't determine fir
saying, we have to determine that they're in.
Mayor Suarez: I understand...
Vice Mayor Be Yurre: If they're not in, then...
Mayor Suarez: ... Mr. Vice Mayor. But if we find that the fact that they
were late...
Vice Mayor De Yurre: Yes.
be
cted as a
Mayor Suarez. •••
is sufficient reason for them to going toe find on that Band
that resolves the Issue. I have no idea how we are should have been stated as
rather than interrupt
him when he's got like a minute or a minute and a half
left, let him make the argument that the bid leva be o th
both, and maybe that will b� rwouldelevant to the second
— aerobic and anaerobic, today, which conceivab y
part of what We'll be deciding
Commissioner plummer: Mr. Mayor, excuse me-
° But even if it's - if it means s ouotld it, J.L. Even if
Vice Mayor De Yurre.
it meets all of the criteria, if it's not timely, i
Mayor Suarez: I understand.
Commissioner plumrtuer: Exactly. not sure of that
Mayor Suarez. And
that may be our determination thgetwe'll decide the whole
yet, and if we just let him do his five minutes,
thing. I� couldn't care
Commissioner Plummer:
Mr. Mayor, if they re not timely*
.Whet
her they're aerobic, anaerobic, or Aunt Ogic. You know, it's...
Mr. G. G. Diaz: I want to get to another... up here saying that we don't want
Commissioner Dawkins:I ou don t know why weot three keep going through this.
to hear that. Imeant
Mr. G. G. Diaz: There's another point.
Mayor Suarez: To avoid this - to avoid this... Commissioner Dawkins, sir.
Mr. G. G. Diaz: We we were talking - I`m sorry,
There was...
Mayor Suarez: Wait a minute. Wait a minute, sir.
134 April 150 1993
EK
Ll
z 3r
Mr. C. D. Diaz! He was talking - we were talking a moment ago...
Commissioner Plunrner: This is crazy. Either they are a qualified bidder, and
if they are, I'll listen here until midnight about their proposal.
Mayor Suarez: All right. Sir, I think three Commissioners have spoken. They
would like to have you only address the issue for which you were...
Mr. G. G. Diaz: I am going to address the issue directly, and...
Suarez:
Wai .a i .i ♦ haven't even inishesl enaxkin� Mayor Jual CL: �a 1 b, ilia 1 c, r�dl L, wait. • i naicn t o. en f .. . ,,�..... „� Yet •
Mr. G. G. Diaz: I'm sorry.
Mayor Suarez: Now, the determination that they are not a valid bidder was
made because they simply came in too late; was that it?
Mr. Ron Williams (Assistant City Attorney): Yes.
Mayor Suarez: No other reasons?
Mr. Williams: They did not deliver the bid in time, Mr. Mayor.
Mayor Suarez: Sir, if you would limit your testimony to that, and then at
some other point...
Commissioner Plummer: Well, I would like to ask him about the bid, now, you
know, if he'll stop talking for a minute.
Mayor Suarez: Well, now he's kind of changing what he wants to hear. Now, he
wants to do that, but he wants to do it with him asking the questions.
Commissioner Plummer: No, sir, I...
Commissioner Alonso: Mr. Mayor, if I may.
Mayor Suarez: That's the way I understood you.
Commissioner ssioner Plummer: No, sir.
Mayor Suarez: Commissioner...
Commissioner Plummer: What I would like to ask is, the bid were received on
February the 3rd; is that correct?
Ms. Judy Carter: That is correct.
Commissioner Plummer: OK.
Mayor Suarez: All right.
Commissioner Plummer:
day window start?
And they had from that day, 14 days? When did the 14-
EK 135 April 15, 1993
x4� aka a F c 7 ir+� ;, `rye^r AS
Mt, Carter: Yes, Sir. Yet, Sir. It started on that date, because his
proposal was not accepted. It was not accepted because he had filed the
proposal late.
Commissioner Plismor: out excuse no. If the bids were accepted on February
the 3rd, did that start the 14-day window running?
Ms. Carter: Yes, it did...
Commissioner Plummer: OK.
Ms. Carter: ... for him, because it was not accepted.
Mayor Suarez: Commissioner, we're going to engage in...
Commissioner Plumper: I'm asking...
Mayor Suarez: ... inquiry...
Commissioner Plummer: I'd like to ask my question.
Mayor Suarez: ... of our staff, but if you let him complete his presentation,
we'll go to that, and then we're going to have to go in order, because other
Commissioners have questions. You...
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: ... managed to interrupt...
Commissioner Plummer: ... what I'm► showing here is...
Mayor Suarez: Commissioner Alonso wanted to say something. I mean, we've got
_ to follow some procedure here. Why don't we just let him complete his
presentation on that issue, and then you can inquire of staff or him.
Commissioner Dawkins: Go ahead, Mr. Mayor.
Mayor Suarez: Please go ahead.
Commissioner Plummer: We got nine of them.
Mr. G. G. Diaz: OK.
Commissioner Plummer: They're all going to protest.
Mr. G. G. Diaz: On the issue of our having been clocked in late, I think that
there was enough doubt there, there's reasonable doubt that this gentleman was
there before 11:00, and because of the crowd beforehand, he was informed of
this, he was standing there with his papers, he didn't want to be pushy, but
that's a point that I'm going to allow to be moot, and I'm going to go on to a
second point. The protest procedure. If we went and saw Ms. Carter on thai
day, and we went and saw Ron Williams, Mr. Ron Williams, on that day, and ws
were not given a letter telling us that we have a 14-day window, there's st1 h
136 April 1S, 1993
EK , .
�t
a problem with the protest procedure. And this, I want to reiterate,
the nature of our project is is something else...
Mr. Odio: See, you're wrong, because I brought - the only person...
Mayor Suarez: Mr. Manager, now you're violating the procedure established.
OK. Does that complete your presentation?
Mr. G. G. Diaz: I would like...
Mayor Suarez: Not on the issue aerobic versus anaerobic, please, because we
obviously are not going to get into that at this point.
Commissioner Plummer: Now, may I ask nay question?
Mayor Suarez: All right.
Mr. G. G. Diaz: Yes, please.
Mayor Suarez: All right. Commissioner Plummer will inquire, and then Mr.
Manager, we're going to want to hear the Administration's version of the
reason for the protest, and if it is correct.
Commissioner Plummer: All right. Mr. Williams, you're saying to me that the
bids were received on February the 3rd, and that started the 14 days of the
run; is that correct?
Ms. Carter: Yes.
Commissioner Plummer: OK. He says that they - that this little gentleman
that was here, was there on March the 3rd.
Mr. Williams: He's mistaken.
Commissioner Plummer: When was he there?
Mr. Williams: February 3rd.
Ms. Carter: February 3rd.
Commissioner Plummer: No, no, no. For the 14-day window, the protest.
Mr. Williams: The bids were to be received on February 3rd.
Commissioner Plummer: Oh, you're saying he was late on the bid itself?
Mr. Williams: Yes. He did not punch in at 11:00 o'clock.
Commissioner Plummer: Oh, he's not under the time of the protest?
Mr. Williams: Right. We didn't even accept it. I don't think the City Clerk
even accepted his document.
Commissioner Plummer: Oh, OK. I'm sorry then. I stand corrected.
EK 137 April 15, 1993
Mayor Suarez: Yeah, he was disqualified because he was late in :raking the
bid.
Commissioner Plummer: OK. Now, I thought he was protesting on the fact that
he was timely on the protest. What he's protesting is that he never even
accepted his bid.
Mayor Suarez: Although he was just getting ready to say, and he did say that
he also has a problem with the protest procedure. I don't know that that
matters, but...
Mr. Odio: Well, when I was... Mr. Mayor, and I began to say that he's wrong,
because I met with that gentleman, and I told... and they are here today
because I told him how they have to do it, and they are here protesting today.
So I don't know what you're talking about. The fact is they were late.
Mayor Suarez: Well, I don't know that it's relevant. I mean, if he doesn't
like the protest procedure, the fact of the matter is, he's getting a chance
to protest today, and so far, we have only limited him to the extent of not
getting into the kinds of processes that we're dealing with here and what he'd
like to see in the RFP. Commissioner Alonso, do you want to inquire?
Commissioner Alonso: It's very difficult to inquire here, because sometimes
the process is so complicated. I think it must be frustrating for the
citizens. It is for the people who sit up here, to make some sense and to
follow some sort of logical procedure. I believe that the papers that we have
in front of us, Mr. Williams, it states that they were late in presenting the
protest. That's what it says here in the backup.
Commissioner Plummer: That's what I thought.
Mr. Williams: Let...
Commissioner Alonso: Yes, it does say that.
Commissioner Plummer: That's what I thought. That's...
Commissioner Alonso: And the reference - I do know about this case, and I
know that they walked into my office that day a few minutes after the
deadline, and they informed my staff - I was not in the office - that the
papers were not accepted, and that they were in line. I have a perfect
recollection of that case.
Mr. G. G. Diaz: Thank you, Miss - Commissioner Alonso.
Commissioner Alonso: So I have to put that on the record. Also, I know for a
fact that they went into the Procurement Department...
Commissioner Plummer: You all are wrong.
Commissioner Alonso: ... and presented a complaint.
Mr. G. G. Diaz: That day?
EK 138 April 15, 1993
Commissioner Alonso: That same day.
Commissioner Plummer: That's wrong.
Ms+ Carter: No, that is not true.
Mr. G. G. Diaz: The 14-day window had not run out.
Commissioner Alonso: They - excuse me, Ms. Carter. They called my office
from the department...
Commissioner Plummer: That ain't what it says.
Commissioner Alonso: ...and I have perfect recollection of the events.
Whether they completed the paperwork or not, I have no way of knowing. The
staff should know. But if they went in person to that department, I think
that the least we can do is say, this is the process you follow, whatever
paperwork has to be done. But, indeed, they went to the department that same
day.
Mayor Suarez: You're nodding, Judy.
Ms. Carter: Me11, yes.
Mayor Suarez: But the Commissioner - the Commissioner...
Commissioner Plummer: Hold on.
Mayor Suarez: ... and I'm talking about Commissioner Plummer now - is reading
from our backup where it says that we allege that they failed to file the
protest within 14 days. Is that correct? Are we...
Commissioner Plummer: SRS (Southern Recycling Systems) failed to meet the
City's 14-day time requirement for filing a protest, in accordance with
Section 18-561(a) of the City Code. I knew I read it.
A. Quinn Jonesw, III, Esq. (City Attorney) That's the second...
Commissioner Alonso: Of course it's in the backup.
Mr. Jones: Commissioner, that's the second basis. Back up. The first
paragraph specifically says that...
Commissioner Plummer: Yeah.
-== Mr. Jones: ... on that date, meaning February 3, 19930 SRS' proposal was
rejected and deemed nonresponsive, because it was submitted after the RFP
submission deadline.
Commissioner Plummer: Right.
Mr. Jones: That's the first basis. The second basis you go to has to do with
the protest. So presumably, even if whatever reason they had timely filed
EK 139 April 15, 1993
and it had been reviewed, it still would have been viewed AS nonresponsive to
the specifications that were called for in the RFP. I just want to bring that
to your attention.
Mayor Suarez: All right. It was helpful when I asked then the questions of
what the reasons are for their being disqualified, that you say not only did
they not file the application on time, from our perspective, but we believe
that they didn't file the protest on time? Now, why someone who was there
_ apparently a few minutes late, if at all - presumably, we think that they were
late - would not automatically be involved in a protest at that point is
another issue, which simply, I guess our answer to that 1s going to be, you
either file it in accordance with our Code, or you don't. But the fact that
you're there and that you're verbally protesting is not enough.
Mr. Odio: Mr. Mayor...
Mayor Suarez: And I'm presuming that that's our position.
Mr. Odio: Mr. Mayor, what happened is, he asked my office for an appointment.
He met with me, and I explained to him that according to the rules, he was
late. He said, well, I was standing in line. I said, well, I will...
Mayor Suarez: He went through the whole thing, and then what happened?
Mr. Odio: I will allow you to explain to the Commission. He did not have any
Idea whatsoever how to proceed with protests in the City of Miami. I told...
Mr. G. G. Diaz: And we were not told.
Mayor Suarez: And we don't feel we have an obligation to guide him through
that?
Mr. Odio: Well, we did, during the brief filing application process, they are
told what the rules are, but I don't think he knew about it. That's true.
But that's not my...
Mr. Gustavo R. Diaz: Mr. Odio...
Mayor Suarez: All right. Wait, wait, wait. We're going to hear from you.
Mr. Odio: OK. So I said, look, I will place you -in the Commission meeting
anyway, and you state your case, but I'm telling you, the only argument you
have is you were standing in line.
Mayor Suarez: All right, all right, all right. Thank you, Mr. Manager. Like
the Judge was saying the other day, when we sit up here, we don't automatic -
we know we automatically lose about 20 points from our I.Q., but it doesn't go
totally to zero. We are getting the picture of what you're saying. Now,
let's hear - sir, what's your answer to that?
Mr. Gustavo R. Diaz: My name is Gustavo Diaz, too, and I went to visit Ms.
Carter, after I visited Ms. Alonso here on February 3rd or March 3rd, and we
talk about our business, and we never been informed about that we have to file
a protest. Only we been...
EK 140 April 15, 1993
Mayor Suarezt Now, you said March 3rd. You want February 3rd?
Mr. G. R. Diaz: February 3rd.
Commissioner Alonso: February 3rd, the date..
Mayor Suarez: All right.
Mr. G. R. Diaz: So we never been informed of our rights to protest until
after Mr. Odio came from Berlin, that he conceded us a meeting. At that
point, he says, "I believe that you should file a complaint in order to bring
this to the attention of the Commissioners." But at that time, it was already
more than 14 days...
Mayor Suarez: OK. But you understand that unlike the criminal law, where we
have to - we have an obligation to advise people of their rights, we don't, in
regards to this kind of matter. You've got to read the Codes and have the
people who can tell you that. We try to help you. We certainly don't try to
deceive you. If we deceived you in any way, that would have been a different
thing. All right.
Mr. G. G. Diaz: We have to be given the codes. We have to be given the
codes.
Commissioner Plummer: If we were running business, we'd starve to death.
Mr. G. G. Diaz: All right. We have to be given the codes...
Mayor Suarez: I'm sorry, sir. Now we've got you interrupting the
Commissioner. Commissioner, did you want to inquire, or - the gentleman wants
to say something.
Commissioner
Plummer:
No,
no. The whole thing seems crazy.
Mayor Suarez:
All
right,
sir.
Commissioner Plummer: The whole damn thing seems crazy.
Mr. G. G. Diaz: I'm sorry, I didn't mean to interrupt. The thing is that we
weren't given codes with which to defend ourselves, with which to know that
there was a time limit.
Commissioner Plummer: Cesar, for a dollar, you send them a certified letter,
for Christ sakes.
Mr. G. G. Diaz: I think that if - we did file a protest, and I think what
would be fair here is to see if from the day that we met with Mr. Odio, count
14 days from that day, and see if our protest was in within 14 days. Start
our window there.
Mayor Suarez: No, we can't do that. That's proscribed by our Code.
Commissioner Alonso: No, we couldn't.
EK
141
April 15, 1993
t
•
i
Commissioner plurmiRoer.. For a dollar, send them a certified letter, return
receipt re4uested, and you got proof. It's over.
Vice Mayor De Yurre: OK, Mr. Mayor, let me find out. Let me ask you
something, excuse me. Who is your attorney?
Mr. G. R. Diaz: Otero Maurice.
Vice Mayor De Yurre: Where is he?
Mr. G. R. Diaz: He isn't here now.
Vice Mayor De Yurre: He is not here right now.
Mr. G. R. Diaz: I didn't know that we were supposed to have an attorney.
Vice Mayor De Yurre: OK. Maybe that's the problem.
Commissioner Plummer: Damn, for a dollar, my time has got to be worth
something.
Vice Mayor De Yurre: Maybe that's the whole problem; you have an attorney
that's not here. Maybe he wasn't there either, to lead you through the
process.
Commissioner Plummer: Cesar, you got nine bidders. It would cost you $9.
Commissioner Aionso: well, he needs an attorney.
Vice Mayor De Yurre: Mr. Mayor, I'd like to get our City Clerk, Matty Hirai,
to make a statement te've been hearswexperience at this pointis in tmia�tter, because it's
different from
Mayor Suarez�eivelthagm;tright�, MadamsCity Clerk?cations as they come ins or at
least you re
Ms. Hirai: Yes, Mr. Mayor. The rule is that they must deliver .them by a
certain timeOn a the and a at the window says clock
the bidding is closed...
and
everything. Person
Mayor Suarez: what is that time, by the way?
Ms. Hirai: It was 11:009 wasn't it? The one...
Mayor Suarez: It has has to be received by 11:00?
Ms. Hirai: Yes. It is - in the invitation to bid, it stipulates exactly the
time by which they must file with the window. Sometimes a gentleman will cane
dashing in a minute late, or two minutes later, or three minutes late. This
gentleman, unfortunately, was four, or five, or six, was much later. And he
was very nice, and I spoke to
�� Diaz
also,
e a alb and
ry about its butl. there�is
said, the traffic, we didn't
no way by law, if they don't...
EK 142 April 151 1993
i
Mr. Q. R. Diaz: out i...
Ms. Hirai: 66. when at the windows we say bidding 1s closed and the gentleman t
1a not there, and he wasn't, not that...
Mayor Suarez: When you make that announcement, from that point forward, you
have no flexibility...
Ms. Hirai: No, that 1s the closing.
Commissioner Plummer: What about if they're in line, like 1n the election?
Mr. Odic: Can I ask a - can I ask a question?
Mayor Suarez: All right. j
i
Ms. Hirai: The bidding is closed, the gentleman, unfortunately, was not
there. i
Commissioner Plummer: In the election, all in line at 7:00 o'clock vote.
i
Mr. Odic: Can 1 ask a question, Mr. Mayor?
Commissioner Alonso: He has a point.
Mr. Odic: Mr. Mayor, if there are ten people in line, at ten minutes to 11:00
and they don't get to the window at 11:00, what happens? ■
Ms. Hirai: No. Everybody...
Mr. Odic: Because of the line.
Ms. Hirai: Everybody - no.
Mr. Odic: OK.
Ms. Hirai: Everybody knows, everybody knows who 1s there at the time of the
bid...
Mayor Suarez: OK. The answer, Madam City Clerk, is, if you have ten people .„
in line with only a few minutes left before the deadline hour, you take
everyone who is in line, correct?
Ms. Hirai: Absolutely.
Mayor Suarez: Thank you.
Ms. Hirai: Absolutely, yes.
Mayor Suarez: It's a little hard sometimes to get straight answers here. All
right. I don't know what else we can hear about this. We certainly have
exhausted this one pretty much to death. We've killed it to death, as they
say. Anything further from the Commission on this matter? You want to snake
one last statement, sir? You seem to...
EK 143 April 15, 1993
q(TY
11
Mr. Moreno: What I want to say is just what 1 said before; that we was here
before 11:00 o'clock. the whole matter is, there was so many people in line.
I'm going to repeat what I said before. That, not to be impolite, I just sat
on back of the line, like usual. You're not going to jump 1n front. So I
wait there. I didn't know what time it was, but I know it was before 11:00
o'clock. So I wait there, and maybe about three or four minutes after, a lady
at the City Clerk window start reading names, I guess was the name of bidders.
Mayor Suarez: The recitation of the ones that had come in. OK.
Mr. Moreno: So I wait, and then a gentleman 1n line who was standing on the
line told the lady at the City Clerk window, there is somebody else want to
put in for a bid. So that's when I walked to the window, and that's when she
told me, "You are late." Maybe it was five minutes after, I don't know.
Mayor Suarez: Is it conceivable that you got there after 11:00, and that you
were kind of wandering around, waiting to see what was the next thing that was
going to happen, and then you heard the City Clerk begin to make her
pronouncement bids were closed, and announced all the people? is it
conceivable that all that took place after 11:00?
Mr. Moreno: I didn't hear the announcement when the City Clerk said that.
The only thing, I was - sat way on the back of the line. The only thing, I
walk over because the gentleman had said somebody had want to put a bid. So
when I walk over there, that's when they told me. So I...
Mayor Suarez: How many days did you have from the day that you knew of the
opening of the bids to the day that you were presenting yours?
Mr. Moreno: How many days?
Mr. G. G. Diaz: Four days.
Mayor Suarez: Four days?
Mr. G. G. Diaz: Yeah.
Mayor Suarez: OK. Because what you do in a situation like that, it's always
—i better to present your bid, even if it has something missing or something, and
at least you have some rights to perfect it, than not to perfect it at all.
That's what we do in court. You know, when the Judge says be there by 9:00
a.m., even if you don't have your act together, you show up there before 9:00
a.m., and then you hope to make up for it afterwards.
Commissioner Plummer: How come you don't do that here?
Mayor Suarez: I missed today; I want to apologize. It's very unusual for me
not to be late. I think though, generally, I'm more on time than even my
colleague to the left, the extreme left, which is not an ideological position,
let me assure you. Anything further on this item?
Vice Mayor De Yurre: He doesn't have have any clients who complain.
EK 144 April 15, 1993
Mayor Suarez: His clients never complain to hits. They're tiff feet under.
Commissioner Alonso: They're very quiet.
Mayor Suarez: Ten feet under.
Commissioner Plummer: Six.
Mayor Suarez: Anything further? OK- Once again, there is a distinct
possibility - I don't want to promise anything, but from what I've heard about
this matter, there's a lot of people who have a tot of reasons for arguing
that they would like us to start the whole process again. If by any chance
that were to happen, you would...
Commissioner Alonso: You would have a chance.
Mayor Suarez: ... you would have a chance. I'm not saying that would happen.
because I think we've got a selection committee that's making a recammendation
and maybe that wilt...
Commissioner Plummer: You know, would we be...
Mayor Suarez: I don't know.
Commissioner Plummer: Let me ask this question. Natty, don't talk to him, he
doesn't pay your salary.
Mr. Odio: The hell I don't.
Commissioner Plummer: Would we - should we consider to take all of this
element out, and that the bids be surrendered by mail with the postmarks prior
to midnight on the date, just like your income tax?
Mayor Suarez: Sounds like 1t would make it better.
Ms. Hirai: No.
Commissioner Plummer: What?
Mayor Suarez: Sounds like it would make it better, I don't know.
Ms. Hirai: No. Commissioner, it...
Commissioner Plummer: Because there would be no question as to did it...
Mayor Suarez: No, then there would be all kinds of questions. They'll say it
was the mail who lost it.
Ms. Hirai: It must be 1n our hands by that time, by the opening time.
Mayor Suarez: We kind of make it their burden. It's like filing for office.
You've got to be there in Tallahassee or wherever before the time.
Ms. Hirai: That's right.
EK
145 April 15, 1993 -
-71
Mayor Suarez: And if you're not there, you lose.
Commissioner Plummer: OK.
Mr. G. G. Diaz: Just in closing, is there any way we can open a bid for
anaerobic systems? is there a possibility that you will include this in that
new...
Mayor Suarez: Now, the Commission has stated, rather 1n no uncertain terms,
that they don't want to get into the different kinds of bids that we might do.
But if we got to that point, then we'll want to hear from you on that. OK?
Mr. G. G. Diaz: Very well, very well.
Mayor Suarez: Frankly, I don't think any of us up here are at a level of
knowing all that much about the difference between aerobic and anaerobic, and
it's probably not a wise idea to get into that too much, because part of the
problem is, this is a very technical field. If we were to open bids, I have a
feeling that we would suggest to the Administration that they would consider
anything and everything that has been proposed by all of the people who tried
to present, or have, in fact, been applicants. OK?
Mr. G. G. Diaz: Thank you.
Mayor Suarez: Thank you.
Commissioner Plummer: I move on 20-B that the Chief Procurement Officer's
rejection be upheld.
Mayor Suarez: So moved. Do we have a second on the motion to reject the
protest, based on the recommendation of the Chief Procurement Officer?
Commissioner Plummer: I withdraw my...
Commissioner Dawkins: I'll second.
Mayor Suarez: No, it's seconded, it's seconded.
Commissioner Plummer: Oh, OK.
Mayor Suarez: Call the roll on 20-B.
EK 146 April 15, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 93-248
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF SOUTHERN RECYCLING
SYSTEMS, INC. (SRS), IN CONNECTION WITH REQUEST FOR
PROPOSALS (RFP) 91-92-102, WHICH SOLICITED FOR A FIRM
TO DESIGN, CONSTRUCT, ACCEPTANCE TEST, FINANCE,
OWN/OPERATE A SOLID WASTE PROCESSING FACILITY, AS IT
HAS BEEN DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
29. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF
ECOLOGY CONCEPTS, INC. IN CONNECTION WITH RFP 91-92-1029 WHICH SOLICITED
FOR A FIRM TO DESIGN, CONSTRUCT, ACCEPTANCE TEST, FINANCE, OWN / OPERATE
A SOLID WASTE PROCESSING FACILITY.
Mayor Suarez: Item - violating all the rules up here, bringing kids, little
kids into things, you know, and how can we turn them down?
Commissioner Plummer: Not mine.
Mayor Suarez: And high paid lawyers, like Mr. Villalobos, who passes out all
the right materials at all the right times.
Commissioner Plummer: He's not high paid. He just charges a lot. He never
collects.
Mayor Suarez: On 20-C, this is - Jose, this is Ecology Concepts, right?
Mr. Jose Villalobos: Right.
Commissioner Plummer: Is this now...
EK 147 April 15, 1993
Mayor Suarez: Now, yours was not - this one was not disqualified 1n any way.
this one Made a bid. in fact, t think it was one of the higher rated ones.
Ms. Judy Carter: No, sir.
Mayor Suarez: No? OK.
Commissioner Dawkins: OK. Well, what is the protest?
Mayor Suarez: He's - that...
Commissioner Dawkins: No, I need to know from them.
Ms. Carter: Yes, sir. We deemed that this particular protest was untimely.
We...
Commissioner Dawkins: What is the protest? I know you say it's untimely.
What is the protest?
Ms. Carter: Well, then I - they're protesting several issues, one of which
includes the ratings that were conducted by the evaluation committee. They
have a concern about the level of ratings that were given to them...
Commissioner Dawkins: OK. Now, but the rating team...
Ms. Carter: Yes, sir.
Commissioner Dawkins: ... was selected by whom?
Ms. Carter: The rating team was selected a composition of different people.
Commissioners were initially asked to submit to us names of individuals they
would like to have sit on this committee. We received a response from two
members; Mayor Suarez and Commissioner Alonso. Mayor Suarez and Commissioner
Alonso...
Commissioner Dawkins: No, no, no, no. The other three were appointed how?
Ms. Carter: The other - well, we have more - 1t was seven members, it was not
five.
Commissioner Dawkins: But the seven members were duly appointed by the City
of Miami?
Ms. Carter: They were appointed by the City of Miami.
Commissioner Dawkins: They were acting in the capacity of the City of Miami?
Mr. Cesar Odio (City Manager): Yes, sir.
Ms. Carter: Yes.
Commissioner Dawkins: So therefore, if he has a protest, he's protesting a r
system that is OK with the City of Miami? -
EK 148 April 15, 1993
— I
Ms. Carter:
Commissioner Dawkins: OK. That's right. What's his second protest?
Ms. Carter: The other issue has to do with a performance bond.
Commissioner Dawkins: OK.
Ms. Carter: They submitted a performance bond...
Commissioner Dawkins: All right.
Ms. Carter: ... and they feel that that should have been considered 1n
their...
Commissioner Dawkins: No, ma'am, that's good. What's his third one? He'll
explain what they are. What's the third one?
�➢ Ms. Carter: OK. The other issue has to do with an - it had to do with their
= concern about the extent to which they were able to receive certain
information from my office, and I'm prepared to respond to that, 1f it comes
to be that.
Commissioner Dawkins: OK. I mean, what else do they...
Ms. Carter: I believe those were the basic...
Commissioner Dawkins: All right. So now, when they explain those three, we
are through with that; am I correct?
Ms. Carter: If...
Commissioner Dawkins: Thank you. I mean, I just don't want to sit up here
d th ou h a 1 of of
= Ms. Carter: If the Commission...
Commissioner Plummer: Wait. Let me ask a question. You know, somewhere, -
-= either this wording is bass ackwards, or I am.
Commissioner Dawkins: Or both.
Commissioner Plummier: You're probably right. It's the resolution of protest.
—� This is 20-C; is that correct? _
tlCommissioner Alonso: Yes.
Mr. Villalobos: Correct.
Ms. Carter: Yes, sir.
Commissioner Plummer: OK. Requires that protest be filed within 14 days
after an aggrieved party knows or should have known .if the facts giving rise
-- to the action complained of. The firm, that's this coq)any?
EK 149 April 15, 1993
Ms. Carter:
Commissioner Plummer:
established by the Code.
Ms. Carter: That is correct.
Commissioner Plummer: Now, you just told Commissioner Dawkins that it wasn't
the time frame that was the protest.
Ms. Carter: No, he knows that it's the untimeliness. He asked another
question; that is, would you - I understand that. I want you to tell me what
the issues... _
Commissioner Plummer: But you're saying it's not within time? —
Ms. Carter: ... which I shared with him. It is untimely.
Commissioner Plummer: It is untimely?
Ms. Carter: Yes, sir.
Commissioner Plummer: OK.
Mayor Suarez: All right. Mr. Villalobos. _
Commissioner Plummer: Commissioner Dawkins, you understood that?
Commissioner Dawkins: Yes, sir, absolutely.
Commissioner Plummer: OK, all right.
Mr. Villalobos: The Committee met - if it please the Commission. My name 1s
Jose Villalobos. I represent Ecology Concepts. The Committee met on March _
12th; is that correct?
Ms. Carter: Yes, sir, it is.
Mr. Villalobos: OK. On March 15, 1993, we wrote to the Procurement
Department Division this letter: "Dear Ms. Whittacker, we have recently
learned the results and rating of the proposal and presentation submitted by
the Selection Review Committee in the above -referenced project. Once again,
we're questioned by this rating and result. We simply cannot understand the
basis of these results, nor do we understand the system utilized. It's quite -
apparent that several members of the committee were biased in their rating,
allowing a total point rating of 30 and 35 respectively to the Ecology -
Concepts proposal. This seems enormously out of line, considering 30 percent
of the rate was based upon price and financing aspects of the proposal. Based
upon this consideration, Ecology Concepts, Inc., being the low bidder - which
right here, we show right on this board that we are the low bidder. We.would
have received a minimun of 30 percentage points from each member. Now, this
is only three days after we were advised, or we should have known, or we knew that this was happening.
EK 150 April 15, 1993
wt
y..
3.
T
ITT
ust to
your toot*ecol
Were
clarify one point on
ogy►
Mayor suarett vi�gsltolthe scity. is what you mean is cost saving
you have cost
versus each one of the tour that are there? five minutes! is that
Mr. Yillalobos: `this would not interfere with MY
correct? Let me Put it this way.
Blve got
ess, you ought to clarify, Amerecycleatallu,having
Mayor Suarez: Well, regar Bedminster, Daneco and
up there shows Coast lto the City, and Ecology, with a blank. So if you
substantial cost Savings
don't clarify*** r. Mr. Mayor, the Concept is
Mr. Villalobos: toll explain
xcost the City �10, 93to the �000.
this: our process w
— Commissioner Plumneri
Per year?
Mr. Vitlalobo
s: per year. Costal would cost the City $30,330,000. ?
So the comparison shows what Coastal casts, more than you
Mayor Suarez.•
Mr. Villalobos: Than we do,
that`s correct.
= Mayor Suarez: Right.
The chart doesn't suite say that, but i understand it
now • Bedminster would
Mr. Villalobos. OK. e
The chart would be that for iar would be �18,000,000.
be $63.75• The total that Bedminster would cost a year
have probably said
Mayor Suarez: it's almost like the opposite. You co
s to the City or cost differential would have worked* well.
additional co
st Mr. Villalob
osI apologize. I'm
. a good lawyer, but I can't draw very
It would be $7,400,000 over us.
Mayor Suarez: OK, understood, understood. 49.27, the next would be $62;
Mr. Yillalobos: In other parneco would would e $84; and AmerecyCle would be $77.
Bedminster would be $83.7
And ou are you going to tell us, at one point: where you say
Mayor Suarez: A y
MSW and then YW, what those mean?
is municipal solid waste, and
taltof syW a Combined $49.27would be �.
Mr. Villalobos. NSW $58.50 and $27 would be a to
wastes In other words,
• Based on our estimates of how much volume and weight we now
Mayor Suarez.
have in the stream of waste. " rotest•" It was
Mr. Villalobos: Right. Now,
this protest was not labelled p are that to
ailed "letter." But a rose is that we wererose* It protesting the u want to even Cfact stthat
bidder
lab we were the low
anything. We said at the point
have allocated us less points even though
Continuing with our
letter, we went on forward to say: this being considered,
April 15, 1993
151
EK
these same two committee members failed to give us any credit for our enormous
experience, proven technology, and our financial guarantee percentage,
$5,000,000 bond. We presented a $5,000,000 bond on
t same aay that we Haa the meeting with that committee. In other words, we
are protesting the fact that they did not take that into consideration. These
results are highly biased and one-sided. In addition, several of the highest
rated company failed, in our opinion, to meet the condition of the RFP. flow,
this is another protest, another section of the protest. As mentioned in the
RFP, residual disposal was to be included in the price and to be the sole
responsibility of the proposer. We are addressing in this particular instance
Bedminster. As with several of the vendors, and this is not the case, this
specifically stated is the total disposal cost to the City, removal, et
cetera. Mr. Mayor, this goes for another whole page letter. Now, if you
don't consider the fact that we write three days later - three days later, and
we are belly -aching about the process. And the Administration is saying that
we were not timely. Now, this is beyond my understanding.
Mayor Suarez: Let me cut through that for a second, and again, keeping in
mind that you are very conscious of the time allotment here. If we were to
conclude that his arguments made sense - some of them - are we precluded from
taking notice of them, just because of something that says that their protest
came in late? I mean, aren't we going to be analyzing, Mr. City Attorney
here, all of the recommendations and the process by which those
recommendations were made, and aren't we in a position of taking notice of
their arguments, in any event?
A. Quinn Jones, III, Esq. (City Attorney): You can, certainly, if it's your
prerogative to do that, you certainly can. I mean, if there's a precedent for
® it, you've done it before.
Mayor Suarez: I mean, the typical situation, we get a protest in is where
someone is disqualified, non -responsive, or otherwise prevented from being
evaluated; not so much where they simply argue that the evaluation was somehow
unfair to them. In any event, counselor, I wouldn't waste too much time
arguing about the issue of whether your protest is timely, because we're going
to hear you out. We're very interested in this rating issue, and that may
affect our thinking on whether we ought to accept the recommendations or not.
Mr. V111alobos: Mr. Mayor, I was wondering why I was called here...
Mayor Suarez: And I don't think we're prevented - I'm sorry to interrupt you,
but I don't think we're prevented from hearing what you're saying, considering
it, and making that part of our determination.
Mr. Villalobos: I'll be very happy to yield and to speak at a later time. I
was wondering why I was put on the agenda, specifically stating by the
Administration that we had not protested timely. Don't you think that this
letter is belly -aching enough as to consider...
Mayor Suarez: Well, I know, but I guess there's a protest procedure that you
would have to follow, and that's not exactly what you've done, but you've put
the same arguments before us. We're considering them, so I don't know that
I'd worry too much about that. You're at the table.
EK 152 April 15, 1993
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Mr. Cesar radio (City Manager)t I wanted to put it on to Mike sure that theft
had the right to speak ups and you had the right to tell there to go away.
Mayor Suarez: We have all - 1 think any time that we've had a comparison in a
subjective evaluation like this, we've heard from the parties that have not
been rated the highest, and we've taken notice of all of those arguments, and
that's been a factor in our determination, frankly. I think it can be, right?
Commissioner Plummer: I got to tell you, after the past hour, if our system
doesn't cry out for change, nothing does. It cries out for change. This is
crazy.
Mr. Villalobos: I don't know what I'm doing here.
Commissioner Plummer: How can you run an airline like this?
Mr. Manuel Gonzalez-Goenaga: Or a City.
Commissioner Plummer: Quiet.
Mayor Suarez: Mr. Gonzalez-Goenaga, you're not on the Commission. Please.
Mr. Villalobos: I'm at the pleasure of the Commission, Mr. Mayor. If you
want me to...
Mayor Suarez: No, go into the substance of it. What we've got, and I think
we all know about it...
Commissioner Alonso: Do you have copies of this?
Mayor Suarez: What we've got is, we've got different rating individuals, one
of whom gave ecology on technical approach a zero. Now, that individual must
have concluded that their technical approach has no validity, whatsoever.
That's a pretty unusual rating there. Do we have any explanation for that?
Do you want us to handle it that way? I don't want to interrupt your
presentation, Jose, but I'm...
Mr. Villalobos: Yes. I'd like to go on that, too.
Mayor Suarez: The highest ranked one, by that evaluator was a 15 to
Bedminster, and he gave a zero to Ecology.
Mr. Villalobos: Well, I'd like to point out this point: We built Amerecycle.
Amerecycle has precisely the same technology as Ecology. We managed
Amerecycle. Their technology and our technology would be precisely the same
one. Our plans, the plans that we've proposed to the City of Miami to be
built here is precisely the same set of plans that we built with Amerecycle.
Mayor Suarez: Where is that? Is that the one in...
Mr. Villalobos: In Sumter County. We built that project.
Mr. Pedro Roig: Mr. Mayor?
EK 153 April 15, 1993
Mayor Suarez:
Counselor, wait.
We've got a, presumably a point
of order or
something here.
Mr. Roig: Yes. I would like to... My name is Pedro Roig, 701 Northwest 36th
Avenue. I represent Bedminster. I would like to raise a protest. Since what
is at issue is the fact that if they were timely or not under protest. I think
they would have enough time to present whatever they have to present on their
part. But you are...
Mayor Suarez: So you want to apply technically to them the rule that says
that you have to file a protest in a particular way, in a particular time.
Otherwise, do you propose that we can't even hear these arguments?
Er. Ro1g: No, no, no; no. If you hear them now, I mean, you are going to
hear them twice, and that would be unfair.
Mayor Suarez: Why are we going to hear them twice? Oh, because when we get
Into the issue of the evaluation...
Mr. Roig: Because he is making his presentation. He is making his
presentation, and he's having a free ride. There is no answer now.
Mayor Suarez: Well, I'll tell you what. We're going to certainly limit them
when it gets to the actual evaluations.
Mr. Roig: No. Well, are you going to hear this again from them?
Commissioner Alonso: No, we don't want to hear that twice.
Mayor Suarez: I don't intend to have Mr. Villalobos make these arguments
twice. I guarantee you, 1t will be once today. One Villalobos is enough.
Mr. Roig: If it be once... So if he do 1t now, that will be their
presentation?
Mayor Suarez: I think so. We will not cover the same ground over again.
Mr. Roig: OK.
Commissioner Plummer: Mr. Mayor...
Mr. Villalobos: My understanding 1s it would be not covering the same ground
again; is that correct?
Mayor Suarez: Right. Yes, sir.
Mr. Villalobos: But I have the right to speak again.
Mayor Suarez: I think so.
Mr. Villalobos: OK. Now, continuing...
Mayor Suarez: We hardly ever prevent people from...
EK
154
April 15, 1993
Commissioner Plummer: This, in Iq estintion, is not protest. 00 You're ;
going to be able to be heard. I think that that's without question. $o I
don't see where this thing is officially a protest.
Mayor Suarez: I don't see it that way, either.
Mr. Villalobos: I don't see it either, Mr. Plummer.
Commissioner Plummer: You're not being denied the right to be heard. I mean,
if they said if your bid was untimely, yes, then you're out of the ball
park.
Mr. Villalobos: Well, I...
Commissioner Plummer: But your bid was timely; am I correct?
Commissioner Alonso: Yes.
Mr. Villalobos: Yes.
Commissioner Plummer: All right. And if you want to stand up here, and you
want to be heard, and all of the others that were timely want to be heard, God
bless you, we'll be here till midnight.
Mr. Villalobos: Sir, that is precisely...
Mayor Suarez: That's what he's doing. That's precisely what he's doing.
Commissioner Plummer: Well, but, no, sir. The problem there is, OK, that he
is using this to take out of turn"what procedure that we're going to be using,
and I don't know what that procedure is yet.
Mayor Suarez: OK. At some point, Commissioner, we were going to have to hear
all of this, and I thought it made more sense to let him complete it, because
it is deemed to be evidence on the issue of the comparative evaluations.
Commissioner Plummer: But I'm sitting here with a concept in my mind that
it's a protest. It is not a protest.
Mayor Suarez: I don't think it's a protest, Jose, the way we look at it.
Commissioner Plummer: I don't either, OK?
Mr. Villalobos: Mr. Mayor, may I be heard?
Mayor Suarez: You're certainly protesting about the evaluations, but it's not
a technical protest.
Mr. Villalobos: I'll walk out of here. We sent a letter saying we demand
under the Freedom of Information Act certain documentation. We received a
letter back from Ms. Carter saying, we don't accept your protest. They - we
did not ask to be here. They put us in the agenda. So therefore, I'm
responding.
EK 155 April 15, 1993
+v $
Mayor Suarez: All right. We are trying to be absolutely sure we're not
taking away any of your rights to act as a protestor would, and you certainly -
are acting as a protestor would, and other people are aware that you are going
to act as a protestor, plus as someone that didn't get the highest rating, and }
1s complaining about the rating system, and otherwise wants the contract. All j
right.
Mr. Villalobos: Certainly. But however...
� v
Commissioner Plummer: Well, I think - let's ask the question of what you just=
brought up. He requested under the freedom of right to know act, whatever the
hell it is...
Mayor Suarez: Public records law.
Commissioner Plummer: ... requesting certain documents.
Mr. Villalobos: All of the documents.
Commissioner Plummer: You rejected his request?
Mr. Ron Williams (Assistant City Manager: No, we did not.
Commissioner Plummer: He said you did. —
Mr. Villalobos: Why... -
Mayor Suarez: Wait, wait, wait, wait. You're not inquiring.
Commissioner Plummer: Well, I mean - OK. He said he requested it, you said
you honored it, he said you didn't. Now, I'm sitting here. What am I
supposed to do?
Mr. Williams: To my knowledge, Commissioner Plummer, someone - I believe Mr.
Olsen, I'm not sure - visited our office on two separate occasions and went
through our records to obtain whatever they needed. Certainly, they're open —
and available. And they were provided the same identical access as everybody
else 1n the process.
Mr. Villalobos: Whatever they had, Mr. Plummer. Whatever they had. However,
I have elements of judgment to advise this Commission that I do not have
certain documents that they do, indeed, have, and they do, indeed, receive,
and this is our protest.
Mayor Suarez: Such as? What documents...
Mr. Villalobos: Specifically...
Commissioner Plummer: Did you spelt out those documents that you wanted?
Mr. Villalobos: Specifically. Specifically. Specifically. We went over all
of the notes that were 1n that package. And the only note - the only person
that was putting us in the first place, those notes are not there. Those are
;I Manuel CereiJo's. —
EK 156 April 15, 1993
0
Mayor Suarez: The notes of the evaluator...
Mr. V11110003! Correct.
Mayor Suarez: ..o who put you last in almost every category were missing.
Are those notes part of our official record? Do we make those available?
Mr. Williams: Based - yes. Based on Mr. Villatobos' concerns, certainly, we
researched that. We did receive notes from one of our - well, actual notes
from one of our committee members, and another one sent a list of questions.
That first one, the notes came into our office on the 31st. I believe Mr.
Olsen came and visited our office on the 31st and the 1st. So certainly,
whatever he's looking for...
Mayor Suarez: Ron, do the evaluators typically make notes, notations, and
leave them with you?
Mr. Williams: No, they do not. We basically, at the particular request of
this firm, and they are the only firm that requested that, wanted notes. So
we had to go back to the...
Mayor Suarez: Do we have any obligation? Let me just clarify of the City
Attorney. Do you think we have any obligation to keep or make available notes
that are made by individual evaluators?
Mr. Jones: If there were notes that were made during this whole process, they
would be considered part of that package, which would be subject...
Mayor Suarez: But, for example, if they had taken the applications home with
them and made notations in their own hand...
Mr. Jones: That would still be part of the public record.
Mayor Suarez: OK.
Mr. Williams: So these notes were not...
Mayor Suarez: This probably is just the first time anybody went that far,
delved that far into our records.
Mr. Williams: We wrote letters to the committee, because at that point, the
committee was not convened, that finished their work. We wrote letters to
them requesting that they send us notes.
Mayor Suarez: Did Mr. Kitwana actually send those notes?
Mr. Williams: No, he did not. -
= Mayor Suarez: He did not, OK. Do we know that he had some notes?
Mr. Williams: We do not know.
.E
Mayor Suarez: Don't know, all right.
EK 157 April 15, 1993
J
TRAIN�-
Mr. Williams: He did send us some questions, because he worked with us a lot.
We did receive notes, I believe, from Mr. Cerreijo on the 31st of March.
That's the only one that did provide us with notes.
Mr. Villalobos: And where are they? I'd like to have them. I don't have
them. You see, the purpose of me being here is that I sent a letter of
protest. And then, they say, and I'm reading, "Resolution 20-C, approving the
Chief Procurement Officer's decision to reject the protest of Ecology
Concepts." Now, this 1s why I got up, because I am being questioned. That's
the only reason. I'd be very happy to sit down again.
Mayor Suarez: Well, if you don't tell us something substantive pretty soon,
I'm going to ask you to sit down, because we have given you an opportunity to
say just about everything on both your protest, and the non -protest, and your
evaluation, and I don't know what else we can do fnr you, other than... -
Mr. Villalobos: All I want from this committee is to rule whether or not my =_
protest of March 15th was timely. Period.
Mayor Suarez: I think we're ready to rule that it was not timely, if that
helps you in any way.
Mr. Villalobos: What?
Mayor Suarez: I think we're ready to rule that it was not timely as a
protest, but everything else that you've said is still going to be considered
up here. Why you want a ruling on that, I'm not sure.
Mr. Villalobos: It was not timely as a protest?
Mayor Suarez: Yes, sir.
Mr. Perry Senn: My name is Perry Senn. I'm president of Ecology Concepts,
and we believe our protest was timely. We wrote a letter on March 15th. We
wrote another...
Commissioner Plummer: We all agree that it's timely.
Mayor Suarez: Wait, wait.
Mr. Senn: We wrote another letter on March 26th. We wrote another letter on
April 5th.
Mayor Suarez: OK. You deem that at least one of those three letters should
be a timely protest, right?
Mr. Senn: Our protest was timely. It was within 14 days.
Mayor Suarez: OK. Why is that not the case, if it's not the case?
Mr. Odio: To answer the question, he just said there was not a protest. He
said a protest... -
EK 158 April 15, 1993
P
74pl
1 FIW
J
x;
.
—
Mayor Suarez: Well, but now we
have it i maybe it's
contradictory to what the
-
attorney said, but now we have
a specific question.
They wrote three letters
on three different dates. Are
those deemed protests
or not, and why not?
Mro Williams: The first two, Mr. Mayor, were not deemed protest, in strict
consultation with the City Attorney's Office. The last one was deemed a
protest, received April 5th...
Mayor Suarez: But late. Why were the first two not deemed protests?
Mr. Williams: Because they were not specifically protests. They didn't say
"protest" in the...
Mayor Suarez: How do they have to come in for us to deem them as protests?
Mr. Williams: Well, you have to at some point say that you are protesting the
item.
Mayor Suarez: All right. And does it have to be sent to a particular City
official In a particular form?
Mr. Williams: It has to be sent to the Chief Procurement Officer, and it must
say that you are protesting the action.
Mayor Suarez: All right. Those are the reasons. In any event, we have heard
most of the protest. If you want to keep arguing about that, it's - you can
do so at your own peril.
Commissioner Alonso: It doesn't make any difference in this process. It does
not change anything.
Mr. Villalobos: No, sir, I'm not. _
Mayor Suarez: I don't think it will affect it in any way, Jose.
Mr. V111alobos: I don't. I just came in here because I was asked to. Thank
you.
Mayor Suarez: Very good. OK. On the item, since everybody wants to be so
procedurally rigorous today, on 20-C, I'll entertain a motion to reject that
protest. "
Commissioner Plummer: I move.
Mayor Suarez: Moved. I'll second. f
' Commissioner Plummer: I move we uphold the protest that's not a protest.
_
Vice Mayor De Yurre: Second.
Mayor Suarez: Seconded by the Vice Mayor. Call the roll.
Commissioner Plummer: It's crazy.
EK 159 April 15, 1993
- i
t
Vice Mayor be Yurre: We have a Motion and second. Any further discussion)
If not, please call the roll. f
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-249
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF ECOLOGY CONCEPTS,
INC., (ECOLOGY) IN CONNECTION WITH REQUEST FOR
PROPOSALS (RFP) 91-92-102, WHICH SOLICITED FOR A FIRM
TO DESIGN, CONSTRUCT, ACCEPTANCE TEST, FINANCE,
OWN/OPERATE A SOLID WASTE PROCESSING FACILITY, AS IT
HAS BEEN DETERMINED TO BE WITHOUT MERTT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso.
ABSENT: None.
Commissioner Alonso: And now that we have voted, what difference does it
make?
Commissioner Plummer: None.
Commissioner Alonso: Thank you. We wasted time, that's all.
Mayor Suarez: OK. On the assumption that it probably doesn't mean...
Commissioner Plummer: Excuse me, excuse me. Let's go on the record.
Officially, we have to do something on 20-C.
Commissioner Alonso: Because they put it on the agenda, and they didn't want
to be part of the agenda. Then we have it in the agenda, and we wasted all of
this time...
Commissioner Plummer: But you've got to do something to clear the agenda; am
I right, Mr. City Attorney?
Commissioner Alonso: ... and the end result is zero.
Commissioner Plummer: No. Mr. City Attorney, you have to either accept, ?
reject or defer. So you've got to do one of the three, and that's why I made t"
the motion.
EK 160 April 1993
Ap 15,.
r9.�*r�-, . ; ..�.►�x�st� *sue.
t
4x
Commissioner Alonso: because they ranted to have it in the agenda, because we
are going to see the item regardless of the result of this board. So I Outs$
they think we're going to end in court anyway.
Mayor Suarez: Well, they were being careful, I suppose.
Commissioner Plummer: I got news for you. If you ran a private business this
way, you'd starve to death.
--------- ----- --------_--------------
30. APPROVE FINDINGS OF THE EVALUATION COMMITTEE AS TO THE MOST QUALIFIED
FIRMS IN CONNECTION WITH DESIGN / CONSTRUCTION / ACCEPTANCE TEST/
= FINANCE AND OWN/OPERATE A SOLID WASTE PROCESSING FACILITY -- TOP
- RECOMMENDED FIRM WAS BEDMINSTER BIOCONVERSioN/SEACOR JV.
Mayor Suarez: Item 21 then is the rule of the day, which would then be to
determine what we do with the evaluation or recommendation. Do you want to go
through that very quickly, Ron, or do we hear from Kelley Drye? Now, in your
case, we have received a written communication. Madam City Clerk, let me put
this in the record, and we figure out whether we deem this a protest or not,
and Mr. City Attorney, please advise us. In my case, I received it with a
date of April 13, 1993. I don't remember when it was received. I don't see a
stamp, but I was aware of it, certainly. Have we looked at this at all? Has
the City Attorney or City Manager Procurement looked at this? This is not a
timely protest, but is it correct to now hear from them why they think we
should consider the application of a - I think it was an entity that was not
even deemed qualified; is that correct?
Mr. John Chassen: That is correct, Mr. Mayor.
Mayor Suarez: OK. Why don't you put your name on the record, and tell us
what it's about, very briefly, and Mr. City Attorney, guide us as to whether
we should just simply...
A. Quinn Jones, III, Esq. (City Attorney): Well, certainly, it seems obvious
to me that it's more than late. Certainly, I don't think you should put
yourselves in the position of taking testimony one way or the other. What you
can do is take the letter, include it as part of the record, and, of course,
I'd simply advise the Administration, the day before yesterday that when I was
informed that they had two or three additional protests that would be deemed
timely, that it at least be brought to your attention so that it could be put
in the record that, 1n fact, these were received, and they were deemed
untimely.
Mayor Suarez: Why don't you, sir, since we heard at length from another
entity that we deemed was not validly protesting, at least get the gist very
quickly. Commissioners, I ask that we don't inquire, we simply let him put in
the record the gist of what this letter contains, and Madam City Clerk, in
case you don't have it, let me enter it into the record. Thanks,
Commissioners.
t
EK 161 April 15, 1993
Mr. Chassen: Thank you, Mayor and Commissioners. My name is John Chassen;
from the law firm of Kelley, Drys and Warren, and I represent National
Resource Recovery Corp., which did timely submit a bid, but it was rejected as
non -responsive. The reason that we are protesting and that we protested late
was because we only discovered very recently the basis for the protest,
specifically, that the bids that were considered were not considered fairly
and uniformly; and that the committee which reviewed the bids applied
different standards to different bidders. Mr. Mayor, you mentioned a little
bit earlier that 1f you don't have everything together, it's your practice and
procedure, go ahead and submit it$ and then request leave to supplement. We
did that. We were missing certain financial information. We said that that
would be provided prior to the time that the committee was going to meet and
instead, we received a letter saying, sorry, too bad, that's too late.
Commissioner Plummer: Would you expound on this different set of standards
for different bidders?
Mr. Chassen: Yes, Mr. Commissioner.
Commissioner Plummer: Because that has some heavy overtones.
Mr. Chassen: In the request for proposal, there are a number of things that
said, you must provide the following. One of those items was, complete
financial information. We indicated that we were not ready to submit that, we
would supplement it, and that's the reason, my understanding is, that our bid
proposal was rejected. Other bidders, including Bedminster, submitted bids
that did not include everything to the RFP (Request for Proposals). For
example, one of the key items in the RFP, you must propose an alternative site
besides Virginia Key. Bedminster did not. Nonetheless, theirs was accepted.
I've been told, and this 1s strictly hearsay, that the the committee decided
that certain things that were or were not included were more important than
others, even though the RFP says, you must provide the following. So my
argument is that the same standard should be applied to everyone and 1f...
Commissioner Dawkins: Mr. Mayor, may I correct the record? May I correct the
records?
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: The gentleman says that he has heard that the
Commission has decided that some things were more important than other things.
The Commission has made no decision on nothing.
Mr. Chassen: Mr. Dawkins, I apologize. If I said "the Commission," I
certainly meant to say "the committee."
Commissioner Dawkins: OK. On anything.
Mr. Chassen: And basically, I think that it would be appropriate if the
committee is going to review certain items and decide that they are more
Important than others, then the way the RFP should have been written is that
these are things that will be considered, but are not mandatory, but our bid
should not have been rejected for not having all of the information, if
others, which also did not have all of the information, were accepted.
EK
162 April 15, 1993
1
I rl
Mayor Suarez-, All right. Very good. Ron, were there any other of the
applicants or prospective applicants that did not immediately submit with
their package financial statements, just out of curiosity?
Mr. Williams: Yes, there was one more. There were two that were eliminated.
Mayor Suarez: And they were also rejected? All right. OK. Now we hear on
the principal matter, I guess. There's no official protests here, so we need
not take a vote on the Kelley Drye client, whose name I never can remember,
but I do remember hearing from a very nice gentleman by the last name of
McKenzie.
Mr. Williams: What you have before you, Mr. Mayor, in item 21, is the results
of the committee deliberations. By the way, you know, there's a whole lot of,
you know, questions, and maybe even a bit of committee bashing, but I would
like to preface any comments by saying...
Mayor Suarez: A new term at City Hall, "committee bashing." Mr. Gonzalez-
Goenaga, why don't you have a seat, sir. We're not even yet into the part of
this discussion that has to do with any kind of selection. It's all very
technical discussion on protests so.
Mr. Manuel Gonzalez-Goenaga: I am technical.
Mayor Suarez: Yes, you are technical in a sort of sinister way. All right,
have a seat, just have a seat. All right. Go ahead.
Mr. Williams: But we asked a group of citizens to volunteer their time, and I
would further add that this was a group of dedicated, honest, professional,
and brave citizens, to participate...
Commissioner Plummer: Brave. Love it.
Commissioner Aionso: That is one of the requirements.
Mr. Williams: ... to participate along with City staff in going through this
process not once, Mr. Mayor, but twice, and I would wish that this Commission
would take into consideration their effort, and as you deliberate on this
issue, understand that these citizens did the best that they could do, based
on the information that was provided. And I think it was a very professional
effort, and I personally thank them for it.
Mayor Suarez: OK. Don't we hear from the Administration as to the process
and the recommendation, et cetera?
Mr. Williams: The item before you 1s that a request that you allow the
Manager to negotiate with the firms in rank order. I believe the rank order
has been provided for...
Mayor Suarez: No, don't believe anything. Tell us the rank order.
Mr. Williams: Now I've got them. They're ranked Bedminster, ranked number
one; Daneco, Incorporated, ranked number two; Coastal Recycling Industries,
EK 163 April 15, 1993
ranked number three; Nmrecycle, Incorporated, ranked number four; Ecology
Concepts/Straub Capital Joint Venture, ranked number five.
Mayor Suarez: The criteria used by the evaluators, and the names of the
evaluators, why don't you go ahead and put that in the record. Do the
evaluation sheets themselves get made part of the record or not?
Mr. Williams: Yes, they are part of the record, Mr. Mayor.
Mr. Cesar Odio (City Manager): The committee was formed by Manuel Cereijo,
Carlos Poce, David Kuhn, Peter Serrao, Adrienne MacBeth, Mosi Kitwana, Andres
Mejides.
Mayor Suarez: OK. I have a request from Attorney Edith Osmond to be heard on
behalf of one of the applicants or generally?
Ms. Edith Osmond: Generally.
Mayor Suarez: All right. We'll be hearing from you, then, but certainly, on
this agenda item, right?
Ms. Osmond: Yes.
Mayor Suarez: OK. And I think it will be appropriate to hear from all of the
entities that participated in the process of evaluation, if we hear from some
that were rejected. I don't know that that makes any sense at this point, but
God knows what will happen. Yes, go ahead.
Mr. Williams: The last part of your question, Mr. Mayor, the evaluation
criteria, composting and solid waste experience at 25 percent, financial
stability and strength at 15 percent, technical approach at 15 percent,
general management and marketing at 15 percent, financial considerations at 30
percent. We took...
Mayor Suarez: OK. Financial considerations obviously doesn't mean the same
thing as economic viability and strengths. So what you mean by financial
considerations, you mean who gives a better return to the City?
Mr. Williams: We separated, Mr. Mayor, on revenue -sharing, meaning return to
the City, and gross tipping fees, and/or disposal cost.
Mayor Suarez: All right. Cost and revenue. See, in an ideal world, and for
my future handling of these kind of things, if you could take all the other
criteria, rate all the qualified applicants, and then do on a sealed,
competitive basis, return to the City, and see who the bottom line is in terms
of who gives us the better deal financially, having already decided that all
these companies are qualified, that would be the way to proceed on these
issues. We would have a tot less lobbying, certainly, of this Commission, on
behalf of all these groups. When you go to totally subjective criteria, which
these are, clearly, and have to select on the basis of a selection committee,
some of whom are local, some of whom we know, some of whom we don't know. But
anyhow.
EK 164 April 15, 1993
NA
y ..ziFF .xj p.
Mr. iiilli&M%, You're absolutely correct, Mr. Mayor, but as You well know,
also, and you and I have spoken about it, this technology is evolving $o fast*
One of the purposes behind the RFP process is to obtain from the industry, you
know, that, the benefit of the R&D (research and development) that's going on
out there, and try and bring some of that technology into the City.
Mayor Suarez: All right. That's it from the City. Edith.
Ms, Osmond: Yes. Good afternoon Mr. Mayor, Commissioners. My name is Edith
Osmond.
Commissioner Dawkins: Pull the mike closer.
Mayor Suarez: Yeah, you need the mike maybe a little closer to you, if you
would, there.
Commissioner Dawkins: Thank you.
Ms. Osmond: How is that? My name is Edith Osmond. I'm an attorney with the
firm of Dunn and Lodish, and I'm here representing today my client, Island
Developers. Although Island Developers is my client, I also come speaking on
behalf of the City of Miami Beach...
Commissioner Plummer: Excuse me. Is that Fisher Island?
Ms. Osmond: Yes. Palm and Hibiscus Island, and the Fisher Island Homeowners
_ Association. Island Developers is the owner and developer of Fisher Island,
which is an island adjacent to Virginia Key and across Norris Cut. During the
last year, the City of Miami filed a petition - an application, I should say -
for this compost facility. At that time, the proposed site was Virginia Key.
The four entitles that I'm speaking on behalf of today all filed petitions in
protest with the State of that proposed site of the compost facility and that
site. Sometime early 1n this year, 193, that petition was withdrawn. The
application and the petition were withdrawn, and we were asked to withdraw our
petition, likewise, and not go forward with an administrative hearing on that.
Our understanding - it was very vague - was that there had already been some
pollution or some...
Mayor Suarez: Would that otherwise have gone to the State Cabinet; is that
where it would have gone?
Ms. Osmond: Yes. There was some degradation already occurring at the compost
facility at Virginia Key, and the State was requiring that to be cleaned up
before they could go forward. In the interim, last August, another RFP was
issued; the one that you're discussing here today. It is further my
understanding that that RFP specifically said, the proposals shall propose a
site other than the City -owned Virginia Key site in their proposal. My
purpose in being here today is only to tell you that from what we can see of
the RFP, and what I've read of some of the committee interviews of the
proposers, are that some proposers, including, I believe, Bedminster, which is
your number one ranked proposer, is still proposing Virginia Key.
Mayor Suarez: I see the problem in the wording. The wording makes it sound
like... Well, it doesn't clarify whether you're saying that the site may not
EK 165 April 15, 1993
t
1
be the Virginia Key situ or simply that you must have, in addition to
whatever other site you're proposing, in addition to the Virginia Key site,
another one but..»`
s
i
Ms. Osmondt All right. Well, let me address that.
Mayor Suarez: I certainly understand what I meant by..,
Ms. Osmond: What did you mean by that?
Mayor Suarez: ..* my admonition to the Manager and to the Administration not
to include that as a viable site. I don't know that we ever took a format
vote on it. I don't even know what the Commission's views are.
Ms. Osmond: OK. Well, let me give you my alternate...
Mayor Suarez: But if that's your concern... 4
Ms. Osmond% That's ffy concern.
Mayor Suarez: ... we may be able to cut through it quite quickly, I don't
know. But I'll tell you, for one vote up here, it's not going to happen in
Virginia Key.
s
Ms. Osmond: My only concern is whether it be Virginia Key. If you're telling
me it's not Virginia Key, I'm done.
Mayor Suarez: Well, that's just one vote, though, and I don't want to speak
on behalf of my colleagues.
Commissioner Plummer: Better not walk away. -
Mayor Suarez: Do you want to finish your presentation, just in case, then?
Ms. Osmond: OK. Well, my presentation is, number one, it was may
understanding that they should not have selected Virginia Key as a site. If
I'm wrong about that, then I'm still standing here representing Fisher
Islands, its Homeowners Association, Island Developers, Palm and Hibiscus
Island, and the City of Miami Beach, asking you not to put a compost facility
on Virginia Key. Island Developers has spent the last year and a half in
litigation with the County, regarding the odors that have been emanating from
the water and sewer facility. Just two weeks ago, we appeared before the
County Commission to have our settlement ratified so that they could try and
eliminate some of the odors over the next three years. The last thing that
anybody wants now 1s to have another facility put in there, where we're going
to possibly double or increase the possibility of more odors, more dust, more
pollution coming from that compost facility. Reading the RFPs, you could see
that there were plenty of other sites that could be chosen that aren't in the
heart of our beautiful City, and won't pollute the air. And Miami Beach's
main concern is the water surrounding that area that's so essential to the
City. So we're asking you to take that into consideration when you award this
contract, assuning that Virginia Key is considered a possible site. Then I
believe your number one bidder has Virginia Key as that site. We would like
you to take that 1n consideration and understand that we're going to - you
EK 166 April 15, 1993
will stilt have to go to DER (Department of Environmental Regulation), and we
will still be protesting the Choice of that facility.
Mayor Suarez: All right. All of the companies claim that the technology now
has advanced to the point that odor should not be a problem. And, of course,
we're faced with the quandary of not knowing whether we can ever be sure of
that.
Ms. Osmond: Well, they always say that, but...
Mayor Suarez: And the issue of contamination, I guarantee you that this
cannot cause any contamination to the subsoil. But you're right to suggest
that, because it's on that island, It's so close to a very, very fragile
environment, so it's that much more of a concern. But for all those reasons,
and many others, at least for myself, I've expressed my views on that. Your
protest - your objection is noted. We don't want litigation. However, if we
decide one thing and we do it on the advice of our counsel and it's contrary
to your constituents' and clients' wishes, we'll see you in court. We do
pretty well in court, at least lately.
Ms. Osmond: So do we.
Commissioner Plummer: Let's just put it on Fisher Island.
Ms. Osmond: Excuse me?
Commissioner Plummer: Put it on Fisher Island.
Mayor Suarez: Commissioner Plummer suggests that Fisher Island would be an
idea site for it. That way...
Commissioner Plummer: By the way, Mr. Mayor, Mr. Manager, when does their
permit from the City of Miami expire, giving them the right to use that place,
— to put their cars off and on?
Mr. Odio: I don't believe, they're not using Virginia Key now.
Commissioner Plummer: No, no, no. They're using McArthur Causeway, City of
Miami -owned property.
Mr. Odio: Right.
Commissioner Plummer: And when does that permit expire? Is it next month, or
the month after?
Mr. Odio: I have to look.
Commissioner Plummer: Check it for me, please.
Mayor Suarez: As you...
Ms. Osmond: Commissioner Plummer, do I view that as a threat?
EK 167 April 15, 1993
•
Mayer Suarez: No, no. As a matter of fact, let's be more specific. When you
convey that to the Fisher Island people, tell them that there are some...
Commissioner Plummer: There is a permit, City -owned permit.
Ms. Ormond: Give and take
Mayor Suarez: ..* countervailing rights and obligations of communities versus
each other. I mean, we're not, you know, we're not dealing here with
something that isn't a common issue, you know, which is what to do with solid
waste. The people of Fisher Island at some point may be told that they have
to take care of all their waste stream at the source, which would be right on
Fisher Island. That may be very well the future of things.
Ms. Osmond: Well, that may be.
Commissioner Plummer: Well then, I think more importantly, Mr. Mayor, is that
Fisher Island built their condos fully knowing that that plant was there, long
before they were.
Ms. Osmond: They certainly did, but it increased in size.
— Mayor Suarez: But we're not defending the County or WASA (Water and Sewer
Authority), and, you know, if we were, we'd have to be hearing today from the
fish in Biscayne Bay, who have had more of a problem than...
Ms. Osmond: Right. And that's why we're here before you build the compost
facility, Commissioner Plummer.
Commissioner Alonso: Let's go one step at a time.
Mayor Suarez: All right. Back to - thank you, Edith. Back to the issue at
hand. Do we hear from the entities being evaluated? And if so, I presume,
well, in any order. Pedro.
Mr. Pedro Roig: My name 1s Pedro Roig.
Commissioner Plummer: Excuse me. Mr. Mayor, are we going - how many want to
be heard?
Mr. Roig: 701 Northwest 36th Avenue - I'm sorry.
Commissioner Plummer: How many of the entities want to be heard?
Mayor Suarez: How many are going to want to be heard on the companies being
evaluated? How many are here?
Commissioner Plummer: Are they the only one? You want to be heard?
Commissioner Alonso: No. One, two, three, four, five...
Mayor Suarez: There's two right there, and we have still probably some more
comments from Kelley Drye on their issue.
EK 168 April 15, 1993
Commissioner Alonso: Four. Four companies?
Commissioner Plummer: Mr. Mayor, I would appreciate, and I think even they
would appreciate we set a time limit for each applicant.
Mayor Suarez: Stick to five minutes, please, Pedro.
Commissioner Plummer: Ten minutes 1s fine with me, or whatever it is, but I
think we've got to be fair.
Mayor Suarez: No, five, five. let's go with five. There will be rebuttal
and there will be additional questioning.
Commissioner Plummer: OK. Each one gets five minutes?
Mayor Suarez: Yes.
Commissioner Plummer: That's fine.
Commissioner Dawkins: What? Now many minutes for everybody?
Commissioner Plummer: Five per.
Vice Mayor De Yurre: But isn't there one that's being recommended as is right
now?
Mr. Roig: Yeah, we need more time than five minutes to answer the...
Vice Mayor De Yurre: Excuse me. Shouldn't we just... We heard from the
objectors. Who else do we have to hear from?
Mayor Suarez: Well, some of the companies that were rated, including Ecology
Concepts, I know, felt that they didn't get a chance to complete their
presentation, because it was deemed a protest at the time, and was in the
process of making their presentation on the merits, so they're going to want
to be heard. I think one other company is here who is one of the ones
evaluated, but not rated number one or highest. And what company is that,
sir? Coastal. And so that's three right there.
Mr. Don Raine: And Daneco, we're rated number two, and we just...
Mayor Suarez: Daneco, that's four. And then...
Mr. Raine: It's not a protest, just a...
Mayor Suarez: ... and then probably, since we cut him short, I ought to hear
from Kelley Drye, what they think is a flaw in all of this process. All
right, Pedro.
Mr. Roig: Do you want them to go first, and then we can...
Mayor Suarez: However you want. I think you're there and you're...
Mr. Roig: OK.
EK 169 April 15, 1993
Mayor Suarez: Pedro, you represent the number one company, the one that was
rated - Bedminster?
Mr. Roig: Yes.
Mayor Suarez: All right.
Vice Mayor De Yurre: But, Mr. Mayor, hold it, hold it, Pedro, hold it a
second. So I understand the procedure here, after five and a half years that
I've been here. Are we 1n a situation wherein we have a recommendation from a
committee...
Commissioner Dawkins: The Administration.
Vice Mayor De Yurre: ... that has recommended to the Administration, and
becomes the recommendation of the Administration to us? I am not an expert at
this field. That's why we have a committee of experts, theoretically, to
recommend to us. Unless somebody is going to tell me that there has been foul
play, all I'm going to sit here and do is listen, and go ahead with the
recommendation, because I have no other basis, intelligently, to rule, or to
decide. I would have to hear something that is abnormal in the procedure for
me not to go ahead with the recommended company.
Mr. Raine: I have something on normally the procedure.
Vice Mayor De Yurre: So if there 1s a procedure to be followed that we have
to hear all over again, or that ail these presentations have to be made again,
I would say let's hear from the others that are not number one, to see if they
can dissuade me from going ahead with the recommendation of the
Administration. Otherwise, there is no reason for me to listen to the people
that are being recommended. I would just follow the Administration's
recommendation.
Mayor Suarez: Except, of course, giving them a right to due process, so...
I ,
But you ve enunclated the standard by which you re going to vote, and you've
heard it.
Commissioner Dawkins: Yeah, but also, I want to
'say'. I share the same
thoughts. I mean, I been through two hours of
this. Now, I have a
professional staff that we pay to recommend what I should
do. I am prepared
to vote yes or no on the professional recommendation
of the Manager. Now, so
=`
why? I mean, to sit here again, Mr. Mayor, and go through two more hours of
='
why they think they're number one, or why they think
they ought to be number
two, I mean, it just doesn't make sense.
Mayor Suarez: No, it's not going to be two hours. I
have given five minutes.
Commissioner Plummer suggested ten minutes, and I
stuck to five minutes,
-
j
because I think four or five-minute presentations, if
you let them do it...
—''
Commissioner Dawkins: All right. When the clock -
when the light comes on,
they're supposed - they're going to stop?
Mr. Roig: It's fine with us, so we'll agree on that.
(
EK 170
April 15, 1993
` gsws`
Commissioner Plummer: Famous last words.
Mayor Suarez: Right. Yes, sir. If people don't interrupt then, and if we
otherwise don't deem that for some reason, there's some other clarification.
By the way, Commissioner, Vice Mayor De Yurre, there are a couple of things
that they can delve into, as you will hear, having to do with not only the
rating system, which they might deem to be aberrational, to satisfy your
standards, but also, they might go into the issue of whether, 1n fact, the
number one company is totally responsive. I've heard that also. Whether we
agree with their allegations or not is anther issue. All right. Go ahead,
sir.
Mr. Raine: My name is Don Raine, and I represent Daneco. I have a letter
here, Mayor, that they issued on April the 13th, which each of you should have
received a copy. In case you haven't, I'll take up 30 seconds and pass it
out.
Commissioner Dawkins: Stop the clock.
Mayor Suarez: Proceed. He was using up 30 seconds of his time.
Commissioner Plummer: What company? Sir, what company...
Vice Mayor De Yurre: Mr. Mayor, getting back to the issue of getting in - if
they have a protest, that would be the time for then to speak about other
corporations.
Commissioner Plummer: What company do you represent? Which company?
Vice Mayor De Yurre: If they're going to make a presentation, it's to be as
to their own merits...
Commissioner Plummer: Oh, OK, Daneco, OK.
Vice Mayor De Yurre: ... not to attack other entities.
Mayor Suarez: I don't think we can preclude them from questioning the
qualifications of the company that is recommended. There's no way that I know
of precluding that testimony.
Vice Mayor De Yurre: No, I'm saying, but then it's not a presentation. It's
a protest, if they're going to go into other corporations, theoretically
speaking.
Mayor Suarez: I think it's an objection to the recommended entity, whatever
you call. 1 t.
Mr. Raine: This is not a protest. This is more or less a procedure that we
feel that being ranked number two, everyone likes number one position. We
feel that the ratings that came out, that the number one ranking did not meet
all portions of the RFP. This is what the letter addresses. In your rating
criteria, you mention five elements. Composting and solid waste experience.
If I'm correct in my analysis, and I'll just briefly go over the letter and
EK 171 April 15, 1993
hit the high points. Bedminster has not had one year of operating experience
when the proposal was submitted and when they turned it in. So that's number
one. But the RFP says you must have one year operating experience. Number
two, they make reference to a couple of facilities, one in Texas and one in
Arizona. And 1 will submit to you gentlemen, and ma'am, that 25 tons or 12
tons per day does not constitute an 800 ton a day facility. If you want to
call it an R&D program, fine. I can accept that. But as far as an ongoing
production program, no. I can't follow that criteria. Financially,
Bedminster was basically eliminated out of a County in Florida because it
didn't meet the financial criteria. I don't know what your criteria was
different from theirs or what they said to the other County, but they
eliminated them up -front, like the Mayor suggested. Are you financially
stable? Fine, let's go to the next step. If not, you're eliminated. Our
Company, Daneco, has 11 facilities. One is located in Minnesota. The others
are located in Europe and the Middle East. We meet all your spec
requirements, as far as the RFP is stated. Again,, Bedminster has from a
general management standpoint, they have failed to demonstrate certain
elements of their management team. Also, the facilities that you asked for in
your RFP, it says that you must supply to the City the agency that you're
doing business with, that they recommend, or they have no complaints against
your process. We submitted to you Minnesota Pollution Control Agency's
report, dated 12/16/92, and I might add that the State of Minnesota is very
critical of their composting. They have some areas in there that we do not
have in the State of Florida; number one, mercury; number two, cadmium, a lot
stricter requirements than you do. They came to our facility as late as
12/16/92, gave U5 a blessing of OK, meeting all the requirements. When we
come to the financial tipping fee, our proposal stated that we would do it for
$63 a ton, including the residue. If we pulled out that element of the cost,
our tipping fee would be down in the $47, $43 range, because we allow $17.50
to take the residue from the facility to the landfill, and pay a tipping fee.
I don't believe that Bedminster's cost took that into consideration, when you
add. And then you take in the fact that you're doing recyclables. Bedminster
said, we would share 50/50. We say we'll give you 80/20. If you look at our
recyclables that we pull out, and use Bedminster's facility that they have in
Tennessee, where they only pulled out the ferrous material, only ferrous, you
know what ferrous material is worth - virtually nothing. If you sell
aluminum, that's a different story. If you sell plastics, that's a different
story. If you sell cardboard, that's different. So we're saying we'll give
you 80 percent of the revenue, and we're going to be doing more recycling than
they are in our facility. So our letter basically states procedures that
you've taken forth to make your evaluation and do your ranking does not really
fall in suit with what you said in your RFP. So we're taking a procedural
request, not a protest of Bedminster's being number one,, or not filing a
protest in a timely fashion. We are saying we have no problem with the
protests that the other vendors have said. We are saying we have a procedure
problem here, that they do not meet the specs, and as the lady attorney said
prior, their facility was going to be located in a particular area that I
think I've heard words that it would not go there. Our facility says we're
giving you two options to choose. Again, that's what the RFP says you must
provide. So with that, I will close, and I realize it's been a long day.
Mayor Suarez: Thank you. Sir.
EK
172
April 15, 1993
o ~
Mr. Howard Cohen: Hello. My name is Howard Cohen, and I'm with Coastal
Recycling, which is a company owned by Coastal Carding. We've been in the
private sanitation business here in Dade County for 20 years. We have
approximately 1,000 customers in Broward and Dade, so we understand what it's
like to collect the garbage. We formed a joint venture with a publicly -owned
company, Addington Resources, a $300,000,000 firm that is basically in the
coal mining, an environmental service company. Sectors. We were ranked
third, less than one point below Daneco, so I think that's a pretty close
rating there. It's important to mention, though, in the financial
considerations, where 15 percent was given for tipping fee, which ours is $620
and includes all the residue and everything, and 15 percent for revenue
sharing. We did not offer any revenue sharing. We built it into our tipping
fee, because there's no guarantee there's a market for any of those
recyclables over a long term. Even the estimates of both Bedminster and
Daneco, at $500,000 estimated revenues to be shared with the City come out to
only about $2 a ton. Now, we're building this facility regardless of whether
we get your contract, because we have private haulers and we have other
municipalities that need what is termeds the dirty MRF (R,aterial recycling
facility), a facility that can take the entire waste stream, tip it at our
facility, completely eliminate your need for any curbside or backyard cost of
doing recycling, and process 100 percent of the waste stream. We have a
property of 15 acres under contract, properly zoned. In fact, we go before
the County tomorrow to have it platted. It's up in the North Central Dade
Enterprise Zone. We'll be doing all our minority hiring from the Miami area.
I should mention that Coastal Carting had more than 50 percent minority
employees for the last 20 years.
Commissioner Dawkins: How much ownership do you have?
Mr. Cohen: Well, we own the facility 100 percent.
Commissioner Dawkins: No, no, no. You're telling me how many minorities you
got working. How many minorities do you have owning?
Mr. Cohen: There is no minority ownership.
Commissioner Dawkins: OK, thank you.
Mr. Cohen: Excuse me, excuse me. No.
Commissioner Dawkins: Thank you, thank you.
Mr. Cohen: Except through the public sector, we don't know how many people
are minorities that own shares in Addington Resources, the public company that
will officially, of record, own the facility. So it's nothing I can really
give you a number on. I also want to mention that in view of the fact that
the possibility of Virginia Key not being used for whatever reasons have been
expressed, I think the Bedminster numbers have to be looked at. What would be
the cost of getting the sewer sludge to their other site, and that should be
factored in as any consideration in your negotiations. We have also been
approved for $31,000,000 in industrial revenue bonds by the local Dade County
Development Authority. We're working with CH-2M hill to be included in the
County's master plan. I'm with Tony Clemente. We've gone and worked on this
project, and again, not only for the City of Miami, but as a result of having
EK 173 April 15, 1993
z
_ other customers. Any possible problems that arise in the future that may
require soave kind of a raise in price or other financial considerations gets
spread out among everybody else. Now, I think one of the most important —
things about what we're doing is that our site is on a rail siding. We have
1500 feet of rail siding, in case of emergency. Addington owns facilities
exactly like the one we're going to build here in Kentucky, and they're
building another one in North Carolina. In the event of another hurricane or =
any other kind of emergency, this waste can be brought to our facility and
shipped out of state the same day for recycling and landfilling processing out _
- of the state. It's also our feeling that people who don't - let me quote this
thing properly - people who don't respect history are apt to, you know, make
the same mistakes. Now, Agripost was a County project, which was designed to
compost more than 200,000 tons a year, just like the City has, and everybody
knows it failed. Ruter Recycling, up in Pembroke Pines, which has been doing -
their work now for less than a year has also had to close, because of odor -
problems. We have decided we're going to be moving our compost stream out of _=
the Hialeah site by rail every day, and doing our composting upstate, where
we're going to be using the compost to reclaim phosphate mines under contracts
with our partner, Addington Resources. So there is no possibility of anyone
coming along and saying, we don't want this garbage laying out here for 30 or
40 days. It comes in every day, and it goes out at night. Now, a good
percentage of the waste that we will be recycling will be manufactured into a
fuel product, which has just been approved by Tallahassee as recyclable
credits. Just as a matter of fact, as I mentioned, we're working with the
County. Tony Clemente is coming up to Kentucky in two weeks with some people
from Solid Waste to take a look at our facility. I did what you're doing nine -
months ago. I was hired by this carting company to go out and find a partner.
So I sat in your seat. In fact, I interviewed some of these same firms, and I
tried to say to myself, what's the safest thing? What's happening? If
everything goes right, everybody is happy, but what if something goes wrong?
What do you do with your tonnage if you can't bring 1t to a compost facility
because it's closed down because of odor, and the County...
Mayor Suarez: So you're kind of a worst case scenario type presenter. That's
Interesting.
Mr. Cohen: Well, I'm presenting... My father taught me - he has a gas
station...
Mayor Suarez: We're going to be hitting the company with the highest rating
with worst case scenarios, too, I guarantee you.
Mr. Cohen: Well, I hope so, because, you know, sometimes you have to worry.
Mayor Suarez: Let me hit you with one, if your presentation is essentially
complete.
Mr. Cohen: Sure.
Mayor Suarez: You said that your land is being platted.
Mr. Cohen: Yes.
EK 174
April 15, 1993 °
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Mayor Suarez: Your facility. Now, presumably, that's a ministerial function
by the County, there's not much...
Mr. Cohen: We don't expect any problem.
Mayor Suarez: Right.
Mr. Cohen: CSX owns the property.
Mayor Suarez: But you said, the key word is, you don't expect any problem.
Suppose Bedminster comes in and says, we have sites we can acquire, just like
they do. in fact, we throw that in as part of our bid. We will acquire and
get an approval, just like you're doing. And there's some element of "if"
here.
Mr. Cohen: Right.
Mayor Suarez: Does that put you in any different position from them in that
sense?
Mr. Cohen: We11, yes. If they're going to have a site other than Virginia
Key, you have to factor in the cost of getting that sewer sludge to them.
Mayor Suarez: Well, suppose they say that that cost is absorbed? I mean,
they better say that.
Mr. Cohen: The bottom line is, and I don't want to repeat, the fact that you
go from a small amount of compost, like - it's something like owning a pizza
place, and thinking you can open up Mama Leone's, and the technology to do
this at 35 tons a day, and to do it at 700 tons a day is quite different.
What I proposed in the last few days to all of your assistants is, if you have
the intent to let these people build a facility in the County, give them
50,000 tons a year, which would be more than they're doing 1n their other
three facilities. Let them do it for five years.- Give us the rest. We're
the safest bet, and we're going to be there anyway.
Mayor Suarez: Oh, the old split the refuse...
Mr. Cohen: Well, but your RFP does not say ...
Mayor Suarez: split the garbage among the bidders.
Mr. Cohen: But your RFP says that you're not guaranteeing to give the bidder
the entire waste stream. So if after the...
Mayor Suarez: it does say that? It does say that?
Mr. Cohen: Yeah.
Mayor Suarez: That is interesting.
Mr. Cohen: So if after the time period you think that what they're doing is
working out and there's no odor problems, then you can expand. We'll even
give than back the waste stream.
EK 175 April 15, 1993
Mayor Suarez: Now, in your Hialeah facility...
Mr. Cohen: Yes.
Mayor Suarez: You have it now?
Mr. Cohen: And we're also discussing a second facility.
Mayor Suarez: Is 1t in operation now?
Mr. Cohen: No. It's going to be built, probably open by next summer.
Mayor Suarez: And what is the difference, just very simply, the difference of
technology between you and the recommended one?
Mr. Cohen: Our technology basically is man and machines. There's no mother
nature involved. It's more like - the machinery, everything is dumped on the
tipping floor. It takes out the metal, the cans, the paper, the...
Mayor Suarez: Some people separate all the stuff, OK.
Mr. Cohen: A few people, but most of it's done automatically. There's
computerization, there's a system to kick out the cans, which is an eddy
_ current. There's even a system that separates the vinyl plastic from the
rest. It's very high tech.
Mayor Suarez: And then as far as the chemical and the heat treatment, what do
you do with the organic stuff?
Mr. Cohen: Whatever is composting will be done in an aerobic cooflposting
-� facility upstate. Addington Resources has awards from the...
Mayor Suarez: You take it out?
Mr. Cohen: Out of the County, so there's no problem with odors, and we do it
in a rural area, where it would - we have our own end use for it, reclaiming
mines. This company mines 10,000,000 tons of coal a year.
Mayor Suarez: Do we then have to be in a position of being absolutely sure
that those people who have those mines can let you have all of that, will
accept all of your sludge, et cetera?
Mr. Cohen: There's no problem. We've won awards in Kentucky for reclaiming
mines with this same compost. We can assure you that this can be done
properly.
Mayor Suarez: All right. Very good.
Mr. Cohen: Well, thank you all very much.
Mayor Suarez: By the way, out of curiosity, when you say "reclaiming mines,"
what do you mean?
—; I
= I
EK 176 April 15, 1993
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j
Mr. Cohen: Well, they mine and market 10,000000 tons of coal a year.
Mayor Suarez: Right.
Mr. Cohen: So they've got to move 50,000,000 tons of earth back and forth,
and make the land look like you were never there. So you have to reclaim the
land.
Mayor Suarez: In other words, reclaiming, in the sense that you cover up
the...
Mr. Cohen: ... land, and bring it back to where it can be used for pasture or
for growing, or whatever.
Mayor Suarez: And you're saying that it's the kind of land that people would
want to then pasture on and everything else?
Mr. Cohen: Weil, it would be, you know, it's a requirement of the State of
Kentucky and other states that if you're going to do strip mining, you have
got to make the land look...
Mayor Suarez: Oh, it's for strip mining, OK, all right.
Mr. Cohen: Yeah, I'm sorry. Yes.
Commissioner Plummer: We read about it in North Florida. It's called sink
holes.
Mayor Suarez: Well, in this case, it's strip mining. It's a little
different. All right, either one.
Mr. Jose V111alobos: As a matter of procedure, Mr. Mayor, I will be opposing
Bedminster. I think that they should go first so I know what to oppose, and
=j then I'd like to have an opportunity to present my side of the story, as far
—� as Ecology is concerned.
Mayor Suarez: let's not be too procedurally technical, because otherwise
we'll never get out of here. Why don't you each, either one of you take five
-i minutes, and we can always have a one minute rebuttal. Come on. If you're
number one and number two, it doesn't matter to us.
Mr. Roig: Well, it is a rare privilege t have to propose a solid waste
facility that combines the most modern technology, cost saving, efficiency,
and on top of that, will eliminate odor. To explain in detail the Bedminster
project, it is my privilege to present the president and chairman of
Bedminster, Mr. Charles Carter.
Mr. Charles Carter: Thank you, Mr. Roig. Mr. Mayor, Honorable Commissioners,
my name is Chuck Carter. I'm president and chief executive officer of
Bedminster Bioconversion Corporation. I reside at 685 Thomas Jefferson Road,
in Wayne, Pennsylvania. I live at Valley Forge National Park. First, I'd
like to commend the County staff and the selection committee...
Commissioner Plummer: City.
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177
April 15, 1993
Commissioner Alonso: City.
Commissioner Plummer: City.
Mr. Carter: Excuse me, the City staff. The City staff, sorry about that...
the City staff...
Commissioner Plummer: Lost already.
Mayor Suarez: When you are here, you criticize the County staff, and you
praise City staff, that works real well.
Mr. Carter. Okay... The City staff and the selection review committee for
their diligent work in evaluating and ranking the bidders. The composting
Industry is in the developing stage today. There's a lot of smoke and mirrors
out there with a lot of people. I think the staff has cut through all the BS
and the emotion and focused on establishing a recommendation based upon the
track record of the proposer; someone who does what they say they do, and can
stand behind it. Clearly, Miami does not want another Agripost or another
Pembroke Pines. Now, let me address some of these items for you. First of
all, we are the only company that can prove we do what we say we can do. We
have three successfully operating composting plants in the United States. Of
the four other bidders, there are two between the four of them, two plants
between the four other bidders. One of them claims the same plant as a
reference plant. One of them has a plant in Minnesota. The other company has
a plant that is not operating, called the chairman of the Commission at
Charlotte County, when he went and the doors were locked. Now, what is the
benefit of what we have? We have three operating plants, no odors, we produce
a quality compost, we taken 70 to 75 percent of the waste stream, and turn it
into a soil supplement that benefits mother nature. We are currently selling
and will sell this year 30,000 tons of compost from our plant in Tennessee.
That's more than every other company in the industry in the United States
sells combined. What about the operating plants of the other people? The one
plant that has been referenced here - and all the bidders have said they're
going to take 70 to 75 percent of the waste stream and turn it into a
beneficial product - the plant in Sumter County, relied upon by two bidders
last year, and this is in the records filed by Sumter County, produced 400
tons of compost for the entire year. They processed 15,500 tons of material,
produced 400 tons of compost. They recycled and sold 678 tons of recyclable
material. Combined, less than 1100 tons of material out at 15,500. That's
seven percent of the waste stream recycled. Now, they're telling you 70, 75
percent. The facility in Mora, Minnesota has been operating a year...
Mayor Suarez: Just out of curiosity, what happened to the rest?
Mr. Carter: Pardon me?
Mayor Suarez: What do you...
Mr. Carter: Goes to the landfill.
Mayor Suarez: Landfill?
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178
April 15, 1993
r�11.1- x
4
H
Mr, Carter: It goes to the landfill, or they produce something called fluff
that they say they bury in the ground for storage.
Mayor Suarez: What do they call it?
Mr. Carter: Fluff.
Mayor Suarez: Fluff?
Mr. Carter: Fluff. Now, the plant in Mora, Minnesota has been operating a
year and a half. It's recycled approximately 30 to 35 percent of the material
supplied to that facility. We hear talk about all the recyclables they're
going get. About ten percent, five to ten percent of the recyclable materials
were recovered at that facility. All of their facilities in Europe recover a
comparable amount. And the reference plants they gave are primarily RDF
plants, refuse -derived fuel plants. What do we have? We have five years of
research, university research, University of Florida, for five years; Dr.
Bryan, at Homestead, Dr. Obresa, at Immocalee, three years at LSU, three years
at North Carolina State, Rutgers. We sell all our compost. We're the only
one that does, absolutely the only one that does. And we sell 1t today for
between $10 and $20 a ton, and it goes up every year. And down here, we
believe we're going to be able to get more, because we've got the citrus
growers down here that are very interested in every bit we can produce, and
we've got letters from citrus growers that'll take 1t all. We beneficially
use it. Someone raised a question about financing. Chase Manhattan Bank has
committed to finance $500,000,000 worth of Bedminster's plants. Chase
Manhattan Bank has committed to fund $60,000,000 into the project to be built
here in Miami. That is a commitment. No one else has come in with a
commitment. What they've said is, oh, we think we can raise it, we'll raise
it, we'll raise bonds, we'll do something. We aren't raising bonds, we're not
going out to raise money. Chase has committed $60,000,000. And by the way,
Chase also is a banker for one of our competitive bidders, and we are the only
company they will finance.
Mayor Suarez: Are you wrapping up now, please?
Mr. Carter. I will wrap up quickly, very quickly here. The issues here are }`
questions about cost. We are the only company that wilt eliminate separate i —
collection of yard waste. That has an impact of about $20 a ton.
Mayor Suarez: The one issue that I think is in the minds of a lot of us up
here is, what about the site?
Mr. Carter: The site. We have indicated a primary site being the site at ;v
Virginia Key, so that we could eliminate at least half of the sludge that is
causing the odors. We're totally enclosed...
Mayor Suarez: But supposing that we went out on separate contract and
resolved that with you or someone else, maybe one of the other bidders,
whatever is there. God knows why we even did 1t to the first place. What
Oout a site for processing - how many tons are we saying, Mr. Manager? ! —
Mr. Carter: 215,000 tons of material being received a year.
EK 179 April 15, 1993
Mayor Suarez: 9i+ght.
Mr. Carter: And we can...
Mayor Suarez: No, no, what about the site? Where would you do that? If we
said...
Mr. Carter: We have other sites identified, and we have money in our bid.
We're the only one that put money in the...
Mayor Suarez: Now, that would not in any way increase your bid price...
Mr. Carter: No.
Mayor Suarez: ... if we said absolutely not on Virginia Key?
Mr. Carter: If it's not at Virginia Key, we have money in our price - we're
the only one that put money in the bid to buy land.
Commissioner Planner: Wait a minute. Answer his question.
Mr. Carter: Yes.
Commissioner Plummer: That if you don't use Virginia Key...
Mr. Carter: We will not increase the price.
Commissioner Plummer: You will not alter the bid price?
Mr. Carter: That's correct.
Commissioner Plummer: Thank you.
Mayor Suarez: OK. Any questions? You want to wrap up?
Mr. Carter: One last thing here. One of the bidders, and one of the primary _
bidders coming out here, Ecology Concepts has proposed to receive waste six
days a week, 500 ton a day plant. Miami collects waste on four days. That's -_
a thousand tons a day. We built a thousand ton a day plant. If you want me
to receive six days a week and spread the waste across six days, I will drop
my bid to less than $50 a ton, because I can receive on six days insteae of
four days as required. -
Mayor Suarez: All right. Whatever the RFP is set on that issue. Anything d
further?
Mr. Carter: We can take - we will share the revenues we receive...
Mayor Suarez: Counselor, every time I ask him for anything further, I'm
hoping that you get to whatever the rest of the presentation is, and instead, f
he just... a
t tin
y Mr. Carter: We will receive money for the sludge, and we will reduce your —_
price by that. Our CPI (Consumer Price Index) escalator is based only on the:
x
EK ISO April 15, 1993
i
_�ti
operating side. that's $20 out of the 41, is all that will increase by CPI
escalation. Everyone else increases then price on the full tip fee. You
take that over a period of time. If it's five percent a year, they're going
to increase $3. I'll increase $1. That's $2 a year; 20 years, that's a $40
spread after 20 years. I will only increase based upon the 01M. That is all
I'm Increasing, based upon. And we have a tong -term commitment to the City.
We're here to stay. We do what we say. We have no odor in Sevierville,
Tennessee. That's a resort community, and Mr. Mayor, if I could just show you
these pictures, if they could be passed along to the people. They show our
plant. Here is a church, here are homes right next door. This is a resort
community. It's at the foothills...
Mayor Suarez: I bet you contribute a lot to that church.
Mr. Carter: ... at the Great Smoky Mountain. We contribute only through the
people that work at our plant that give their donations there.
Mayor Suarez: All right.
= Mr. Carter: And we have no odors. We have no odors, and this is a resort
community that couldn't afford odors. Because to give you an idea, there are
659000 hotel rooms in this County, and this is a resort community, and there
are no odors, and the people there, they own it, they'll tell you no odors'.
Pinetop, Arizona will tell you no odors.
Mayor Suarez: 65,000 in which County?
Mr. Carter: Pardon me?
Mayor Suarez: 65,000 in which County?
Mr. Carter: Hotel rooms. Sevierville County, Tennessee.
Mayor Suarez: OK. Because we're right close to that right here in Dade
County. We're just about 60,000. All right.
Mr. Roig: We're going now to wait for their presentations, and then we'll
respond.
Mayor Suarez: Where did Mr. Villalobos go? By the way, I wanted to announce
we have, I know, two State representatives here. I think both of them are
here in a non -State representative capacity. Otherwise, we would be pleased
to recognize you and take you ahead of time, and all of that. But we're
pleased to have you anyhow, and I hope that you report back that we're doing
wonderful things in the City of Miami and have a shot of getting some of
that - is $32,000,000,000 (thirty-two billion dollars) now, Representative
Morse? And Villalobos, all right.
Commissioner Dawkins: And on behalf of the citizens of the City of Miami,
we'd like to thank both of you...
Mayor Suarez: Really.
EK 181 April 15, 1993
Commissioner Dawkins: for a job well done in getting us the relief aid,
hurricane relief aid, both of you.
Mayor Suarez: And we're pretty sure that this Villalobos is not related to
the attorney who is making the presentation. '
Mr. Villalobos: That'll be the day. Mr. Mayor, he's one of my employees. _
r
Commissioner Plummer: The question is, who disclaims who?
Mayor Suarez: That works out.
Mr. Cohen: Excuse me. I heard the word, "rebuttal." I would just like one
more minute, please.
Mayor Suarez: All right, one more minute.
Mr. Cohen,. First of all, Addington Resources made more than $50,000,000
profit in the last five years as a publicly -owned company, so I don't think we
have problems. We have $31,000,000 worth of bonds already approved by Jim
Wagner and the Industrial Development Authority. Financing is not a problem
for us. And we already have the land properly zoned and ready to go. I
wanted to add that we are now talking with the City of Coral Gables about a
possible second site, splitting our equipment so that the City of Miami and
other communities that are in the south part of the County can bring their _
_- garbage either to a site near the Palmetto and Coral Way, or up at 107th
Street and 37th Avenue. This is a tremendous savings in fuel and on
- productive truck and travel time. Our facility will be open seven days a
week, 24 hours, to serve the needs of the private haulers. That reduces the -
line when you bring your trucks in in the mornings. I also ought to ask a
question. Based on the Tennessee facility that Bedminster is operating, where =
I read in their RFP response that when they don't have enough sewer sludge, -_
they can't process all the solid waste. What if there's not enough sewer
sludge available in Miami? And I also should mention that there's no need for
separate collection of yard waste. We will accept everything, tires,
batteries, everything comes off before everything goes through our $31,000,000
piece of equipment, but we will accept the entire waste stream, completely
eliminating anything but one route. Thank you.
Mayor Suarez: Thank you.
Mr. Thomas Abrams: Mayor, if I may.
Mayor Suarez: A quick statement by the client represented by Kelley Drye.
Mr. Abrams: Briefly. Tom Abrams, on behalf of National Resources Recovery.
- We just want to make one last statement about this matter. This contract, as
you all know, is a 20-year contract that's being bid for with hundreds of
millions of dollars involved. You've had substantial questions raised today
about the number one company not even complying from the outset. To date, ;
-� they don't even have an alternative site proposed which could have a variation
w of cost of millions of dollars. They do not even have an alternative site
besides Virginia Key, which was a material aspect of your request of the RFP.
_ What we're asking, because of the... { '�
EK 182 April 15, 1993
40
Mayor Suarez: I saw that in the letter, and I even sort of highlighted it for
myself. If we were to go with that company and make a determination today, I
guarantee you that the negotiations will go on for a long time, until we were
assured that not only did they have a site, but that it would be a viable
site, because...
Mr. Abrams-, Mayor, but what we're saying is it's unfair, because we were
excluded for things that we did not have in our program. This committee and
the Commission did not have an opportunity to hear from us about our - what we
think is our advanced technology, what we think 1s our low cost. They have,
for example, they predict 20-some employees. We...
Mayor Suarez: Well, let me ask the City Attorney about that. The wording, if
I have it correctly, says, "The proposer shall propose a site other than City -
owned Virginia Key site in their proposal." Do you understand that to mean
that they're supposed to identify a site, or that they're supposed to build 1n
as an alternative into their calculations, and into their bid, the possibility
of another site having to be used?
Mr. Ron Williams (Assistant City Manager): The latter.
Mr. Abrams: The problem is here, the problem...
Mayor Suarez: That's the problem. The problem is, we have got to go on,
based on what our attorneys tell us and what our staff tells us. I have to
admit that the wording could have been more artfully drafted.
Mr. Abrams: I promised I'd be brief, and I'll end here. The problem 1s you
have a multi - hundreds of millions of dollars project. You have some people
excluded, because they were 11 minutes late. The guy testified, I think, 1t
1s very believable - very believable that he was in line. You never got a
chance to consider his proposal. The committee never did. Let's not go
through another one of these where we're going to have to revisit five years
down because you didn't get the whole picture. Let's redo the RFP, give
everyone an opportunity. Make sure it's right. You've already done it once.
You did it in a three-week time span the second time. There's too many
questions here, too many people excluded that should be considered. It's such
a big project. You don't want to be down the line and having to explain to
the citizens or rebid it down the line because they couldn't fulfill what they
don't have. They didn't meet the requirements. There's nothing to feel sorry
for them about. But it should be redone, Mayor. There's too much at stake,
there's too many people who weren't considered. Thank you.
Mayor Suarez: It's a hell of a temptation. Jose.
Commissioner Plummer: Mr. City Manager, just for my edification, let me make
sure, and Mr. City Attorney. The action that this Commission most likely will
take today, it is my understanding, is that we will select a company who has
nothing more than the right to negotiate, and that that negotiation has to
come back for this City Commission to approve; am I correct in that?
Mr. 0dio: Yes, sir.
EK 183 April 15, 1993
0
Commissioner Plummer: Thank you.
•
Mr. Villalobos: If it please the Commission. I have passed out page number
six of nine pages of the request for proposal as stated by the City of Miami.
I read paragraph 14, irregular proposals. "Any proposal which is incomplete,
conditional, obscure, or which contains irregularities of any kind may be a
cause for rejection. Failure to provide all of the information requested in
this RFP may be cause for rejection." I would submit to the Commission that
the fact that the proposer shall - it's mandatory - propose a site other than
the City -owned Virginia Key site for the proposal is the controlling factor
that we have, as far as the site is concerned. If I may also pass out
"Disposal of Residuals," also 1n your RFP. It reads as follows: "Costs
associated with disposal should be factored into the financial projection of
this proposal." I submit to the Commission that pursuant to Bedminster's own
proposal, neither the residual transportation nor the residual disposal cost
were considered in the cost that they originally submitted. In other words, I
don't know whether 1t was oversight, or a plain lie to the committee. They
came out and said that their bid was $63.75. If you add the cost of the total
fee to the City, $13,706,000, plus the rest, the residual disposal cost of
$39800,000, plus $500,000 of residual transportation, that would put
Bedminster $18,000,000 higher than the lowest bidder, which is Ecology. Then
I would submit to the committee that Florida law controls the actions of this
committee, and also the actions of this Council. According to an article that
_
appeared in the Florida Bar Journal two months ago, it reads as follows, after
researching Florida law: "A bidder's rights and interests are acknowledged -
and protected by Florida law. Furthermore, Florida courts have recognized --
that the lowest bidder has standing to protect the award." Ecology Concept,
—'
at $49.27, is the lowest bidder. Going further, it states: "Florida courts
have also recognized that a public agency," such as yourself, "has wide
II
discretion 1n considering bids. A trend has developed at the State and local --
1
level to allow an agency to consider factors in addition to price in the award
of a contract. However, a public agency may not exercise its discretion in an
arbitrary or capricious manner." I believe that it would not be up to you to
interpret what you, yourselves did put in the RFP. I'm going by your own
=j
document, and this document that I just passed out, this sheet is a photocopy -
—
of the proposal set forth by Bedminster. They said it is designed, their
—
project, so that bypass and residual waste can be loaded into trucks for
transport to landfills. If you go out to the lower portion where I have
=i
highlighted also, it states: "Under the Bedminster SSI proposal, the cost of
a;
transporting and disposing of bypass and residual waste would pass through
cost to the City." I have been informed - I don't know whether this is true
or not, but this is simply an information that I would like for the Commission
to take notice and ask. Dave Zimmerman 1s the manager of the odor contract --
=
for the County, and is a partner of Bedminster. This is the concern that
manages the odor control of the Virginia Key site. I would like to find out
_—
whether, if these people say that they don't have no odor, how is it that
_#
their partner cannot control the odor that we smell here? Thank you.
Mayor Suarez: I didn't know - I didn't understand initially if that was a
proposal that there is some sort of a conflict here. Is that what he was
trying to suggest, or that that person should somehow be held responsible for
_
another plant which creates a certain amount of odor? Whichever it is, who is
this person, and is that person, in fact, a partner of your entity?
_
EK 184 April 15, 1993
{
Mr. Carter: I have no idea who he its and I can tell you he's not a partner
of my entity. Never even heard of him before. Never heard of him before.
That's his conjuring something up.
Commissioner Alonso: He seems to know, the other gentleman.
Mr. Cohens Excuse me.
Mayor Suarez: Yes, Mr. Cohen.
Mr. Cohen: Excuse me. There's a company by the name of Day and Zimmerman, an
engineering firm that's a consulting engineering firm to the WASA (Water and
Sewer Authority) Plant here for 30 years. They own SEACOR, which is their
partner. So really, the people who are the consulting engineers of the City
for 30 years, 1n charge of the sewer system, which has all these problems, are
the people backing these people.
Mr. Villalobos: Correct.
Mayor Suarez: But there's no one currently working in the County that is any
way involved in your bid, or as a partner of yours or a parent company, or
anything like that?
Mr. Carter: No. Day and Zimmerman is not involved today with that facility
at all. They haven't been for a number of years.
Mayor Suarez: OK. If we got into the history of every company and all the
mistakes that you made, and partners that you had that you shouldn't have
had, or whatever, we'd probably never get out of here.
Mr. Senn: Mayor, once again, I'm Perry Senn, president of Ecology Concepts. i
The point that's trying to be made is it's very clear, very clear, that the j
committee accepted a bid that was very clearly non -responsive. The RFP
stated - I don't know how much more clearly it could have stated - that you
were to include residual disposal in your cost 1n the tip fee. Bedminster did
not do this. This is an artificial price to the Ci ty ; $63 is the entry fee —
for the cost to the City. Their tip fee will be over i80 a ton, $80. 1 mean,
—; the numbers don't tie. For whatever reason, they didn't respond as to what
=I was requested of them in the RFP.
-i
Mayor Suarez: All right.
Mr. Senn: They're a nonresponsive bidder.
Mayor Suarez: OK. I guess we may as well have a quick one -minute rebuttal.
Mr. Carter: OK. I'd like to respond to certain points raised by Mr.
Villalobos.
Mayor Suarez: At some point, you realize this Commission is going to want to
ask you a few questions, you know.
Mr. Carter: That's fine.
jy #
EK 185 April 15, 1993
e�
Mayor Suarez: And we're going to try to clarify a couple of these things, to
Ifnean, don't overdo it.
Commissioner Plummer: Somewhere along the line, I hope we're going to call it
to stop.
Mr. Carter: With respect to the issue about the Florida law allowing the
acceptance or giving standing to the lowest bidder, the request for proposal,
page three, paragraph seven, clearly states that the City may reject the
lowest price proposal, in favor of a proposal which is judged to be more
complete. I propose that that was well within the City's rights. They
exercised those rights, and that that was proper.
Mayor Suarez: I think that provision probably deals more with the situation
where we go on straight price bidding, not this one.
Mr. Carter: Right. They clearly had other factors that were in the equation
as we11. The item raised about the odors, we have stated and continue to
state that Bedminster's plants to do not have odors. We welcome the members
of the committee, and the Conmissioners and the Mayor to visit their plants
and to basically form their own opinion of this.
Commissioner Plummer: Read the manual on this.
Commissioner Dawkins: All right.
Commissioner Plummer: They must be Cubans.
Mr. Carter: With respect to the irregularities...
Commissioner Plummer: Well, let me rest your mind and others, and especially
this lady who swims over from Fisher Island. Whoever the lucky recipient 1s
is going to put up no less than a $5,000,000 bond, in my vote; that when they
say that they are odor -free, they are going to have a performance bond; that
if they're not odor -free, I fully expect to estreat the bond and take the
money back, to fight this lady's case in court. So if it's you, or you, or
who, I'm expecting, Mr. Manager, a $59000,000 performance bond for whatever
they say. We're going to hold then to it. So I just want that little bit of
rest...
Mayor Suarez: If, indeed, the Commissioner's view prevails, that you have a
$5400,000 performance bond, which is not the typical construction performance
bond, but one that protects against any odors, you better be sure you define
that correctly, because that then gets into the issue of whose nose is going
to do the smelling, you know. And I've never heard of a performance bond that
has that, but I'm sure it's possible.
Commissioner Plummer: Mr. Mayor, so that you don't misunderstand what I say
and try to put into the record what you think I said...
Mayor Suarez: That's always dangerous.
Commissioner Plummer: ... it's a $5,000,000 performance bond that everything
that they have said they will do or can do will be governed by a performance
— bond; not just the odor. -
EK 186
April 15, 1993
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Commissioner Alonso: Including the nose.
Mayor Suarez: Including the right sized nose, and the smelling capacities, et
cetera.
Commissioner Plummer: That's correct.
Mayor Suarez: OK.
Commissioner Plummer,, I've got other stipulations when they're finished that
I'm going to add in.
Mayor Suarez: Jose, anything further?
Mr. Viilalobos: Yes.
Mayor Suarez: Because we're going to start inquiring, I think at this point,
probably of the recommended bidder, if for no other reason than it makes sense
to go for the one that might conceivably get the votes up here, I don't know.
So, at least I'm inclined to go in that direction. So if you have nothing
further at this point and perhaps ever, sir.
Mr. Cohen: If I could clarify something. The County...
Mayor Suarez: You seem to come up to that mike all the time.
Mr. Cohen: Thank you. I appreciate the opportunity.
Mayor Suarez: Willy-nilly, you know, invited or otherwise.
Mr. Cohen: Well, the County just had to put up $22,000,000 to try to clear up
the sewer well. A $5,000,000 bond, I don't think is enough, first of all.
And second, what do you do if they have to close it down to fix the odor?
Where do you bring your garbage? The County is now in a position where
they're making a master plan which will not include a place for you to bring
your garbage. They're not going to expand the incinerator.
Mayor Suarez: That's an interesting point. He envisioned that as a
$590009000 kitty for litigation against Fisher Island. But you're right. It
may be that you're going to need a lot more money to remedy the problem than
$5 9000, 000.
Commissioner Dawkins: And you're also assuming that there will be an odor.
Mr. Cohen: Well, history tells us that even Agripost...
Commissioner Dawkins: Well, no, wait now, wait. You are assuming. You just
assumed, and you also are assuming that there's an odor. So 1f we're going to
assume things, let's just assume that when there is an odor, we'll address it
at that time.
Commissioner Plummer: Good. I'm assuming $5,000,000.
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April 15, 1993
�. ,
Mr. Cohen: OK, all right.
Mayor Suarez: All right. Thank you, interesting points. Couple of
questions. What is all this talk about your not having considered residual
waste? Folks, when you talk about the solid waste stream, anything that is
not somehow going to go through your primary process, whatever that may be, is
residual waste. So to me, that terms means nothing, unless you clarify what
we're talking about. Are you not agreeing, sir, and counselor, to take our _
entire stream of waste, with the exception, I guess, of the recycling program
we have in place. I don't think we're undoing that, are we Mr. Manager?
We're not envisioning doing anything about the recycling at the source program
that we've got right now? That's staying in place, right?
Mr. Odio: Yeah. We have an item here...
Mayor Suarez: And that's presumably as of now going to be done by our Solid
Waste Union, et cetera, right?
Mr. Odio: Commissioner... Yeah.
Mayor Suarez: No, I'm asking the Administration. If the RFP...
Mr. Odio: Yes.
Mayor Suarez: OK. Now, the rest of the solid waste stream, other than those
little blue bins that we have that pick up, you know, some bottles and some
newspapers - which, by the way, newspapers apparently have absolutely not
value in the market, whatsoever, and I'm not sure that the other stuff has a
lot of value either. But, you know, we're trying to recycle things and use
them again, at least, if for nothing else, so we don't have to put them into
some kind of a landfill or something. Is there any residual at all, of your
process, and if so, what do you do with it, and what are you guaranteeing to
do with it, if we give you the bid? Go ahead, this is my question. He's
going to ask - I'm inquiring now. He's going to ask all he wants.
Mr. Carter: All right. We accept all the waste.
Mayor Suarez: You accept all the waste?
Mr. Carter: We accept all the waste at our facility, and we compost it and we
recycle.
Commissioner Alonso: Including the refrigerators and...
Mayor Suarez: Bulky stuff, too?
Mr. Carter: Yes, everything. We - all the waste, the 215,000 tons are
received at our facility.
Mayor Suarez: OK. What do you do with the bulky waste, the big items?
Mr. Carter: The bulky items, we will segregate out, refrigerators and things.
We'll try to recycle them with people that buy things of that type. If they
don't, we take it to the landfill. And there are trucks, by the way. They
said you put it on trucks...
EK 188 April 15, 1993
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Mayor Suarez: What do you compost? What do you use in a way, or what do you
Process in a way that could be called composting at the end of the process? f
Mr. Carter: We have - 70 to 75 percent of the materials coming in will be i
- composted. �
Mayor Suarez: I got your percentages. Like I said, nay I.Q. didn't drop all
the way to zero. But what items, what kind of things? Yard waste? —
Mr. Carter: Yard waste, food. t
Mayor Suarez: Garbage?
Mr. Carter: Paper, garbage.
- f
Mayor Suarez: food?
Mr. Carter: Food, paper, garbage.
Mayor Suarez: All right.
Mr. Carter: Glass turns into sand in our process.
Mayor Suarez: Glass ends up as sand, and that is also compostibie? I mean,
usable?
Mr. Carter: The State of Florida considers that recycling of the glass if you
turn it into sand. Ail the biodegradable - our compost will be substantially
100 percent biodegradable material, everything that biodegrades.
Mayor Suarez: And your process includes an initial combination with some kind
of a chemical that makes it all into a sludge before you begin separating; is
that correct?
Mr. Carter: No, we don't add any chemicals at all. What we do is take - we
take municipal waste. We put them into what we call digesters. We mix it
with sewage sludge, if it's available. We don't require sewage sludge.
That's,a misnomer that someone threw out here. And there's an advantage if we
can get sewage sludge, because we can take two regulated waste streams and
turn them into an unregulated commodity.
Mayor Suarez: All right. So in some situations - and please, Mr. Strauss,
thank you, and anyone else. In some situations where you are asked to dispose
of sewage, raw sewage, you mix that 1n with the nice stuff that you get,
somehow at the very beginning of the process, and ultimately, all of it goes
in together, except what?
Mr. Carter: All of 1t goes in together and turns into compost, yes. And what
happens is, we're totally natural.
Mayor Suarez: As to 70 or 75 percent of the solid waste stream?
EK 189 April 15, 1993
Mr. Carter: It will turn into compost, yes. And we don't grind or shred
anything. We don't grind metals up in it, we don't grind plastics up in it.
We're the only one that doesn't grind the material. It's a total, natural
process. All we do is what mother nature does naturally, with all these
materials. And what we do is, we take both the sludge and the garbage, and
turn it into what looks like topsoil. You're looking at part of our materials
here. Every competitive product has glass, it has metals, it has plastics
ground up into it, and the net result is that we have a high quality material.
As I said, you can talk to Dr. Bryan at Homestead, you can talk to ...
Mayor Suarez: I don't want to talk to Dr. Bryan or anybody else. All right.
Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, a point of information. When we started,
you said everybody would have five minutes, and at the end of the five
minutes, it would be a one -minute rebuttal over there, one -minute rebuttal
over there.
Mayor Suarez: That process is all complete.
Commissioner Dawkins: It's all complete?
Mayor Suarez: Yes.
Commissioner Dawkins: So therefore, from now on, it's inquiry by the
Commission?
Mayor Suarez: You got it.
Commissioner Dawkins: So they can take all this down. Thank you, sir.
Mr. V111alobos: You want me to take it down?
Commissioner Plummer: I have questions, or more so, Mr. Manager, things that
I am going to look for when you negotiate with whatever company you negotiate.
After the 20 years of the proposed contract, what happens to the facility?
Does It belong to the City? Is it ours free of charge? Is it theirs? Do
they remove it? What happens on the 20th year? Now long will any of the
companies take to be on line? Is it 18 months, or 20 months, 24 months? The
100 percent disposal, one way, or shape, or form, if they're going to handle
it, I'm getting out of the business. Can they guarantee everything they say
in writing with a performance bond of no less than $5,000,000? Understanding
that any accusations - excuse me - any statements made before this Commission
is on the record, and if not fully adhered to, we'll estreat the bond. Do we
have the right - or I want the right that if the City of Miami wishes to hold
hands with some other municipality and sell to them through our facility, that
we have that right and we're not excluded. I want in there that any transfer
of ownership of more than five percent must be approved by this City
Commission. I want to know what would happen if, in fact, the company chosen
runs out in less than 20 years; that it's written into the contract that
automatically the plant is ours, free and clear. I am concerned in the area
where this particular firm - and I'm only using you, sir, if you're the chosen
firm - that said that if that plant operated for six days or more that you
would be in the $40 category...
EK
190
April 15, 1993
0
Mr. Carter: Less than 50.
Commissioner Plummer: Excuse me sir, I'm not done. I'm using yours. OK,
less than 50, whatever. A lower price is what I'm getting at. Do we have the
right to bring in others that would maybe make that operate on six days, and
do we get the benefit of the price range less than $50? I am concerned that
there be a clear understanding that they cannot sell to others without our
permission where It could be conceived that the plant would be overloaded, and
ours would be secondary, rather than primary, and that they can take in no
other entity without this City Commission's approval. And finally, I would
want in writing a guaranteed schedule of the escalation cost. if 1t is to be
on an annual basis, or what basis it is, I want a guaranteed schedule for the
full 20 years of the contract. So, Mr. Manager, when you come back after
you've negotiated with Company A, B, C, D. or E. these are the things, sir,
that I will be looking for in the contract to be spelled out, and if my vote
is to be positive, they better be very, very close to my request here. Thank
you, sir.
Mr. V111alobos: May I respond?
Commissioner Plummer: I would not want you to, because if you do, Pepe, then
all of the rest are going to want to respond. These are the things that I'm
looking for, sir, and whoever the company is, they've got to deal with the
Manager on these terms.
Mayor Suarez: Let me - and Jose, this will help, I think, your cause. Mr.
Manager, there is some part of the presentation by Ecology, right? That deals
with whether they have included - "they," meaning Bedminster - in their
estimate, the same cost breakdown, or had proposed to us, rather, the same
cost breakdown as - and the same cost element as Ecology Concepts. Mow, what
do you make of that argument, and where are we missing something? is there
anything that Bedminster somehow has left out of Its initial proposal, or has
not included, or has not accounted for, that would put us 1n a situation where
we would have what has been characterized as an irregular proposal; any
proposal which is incomplete, conditional, obscure, or which contains
Irregularities of any kind?
Mr. Odio: In the opinion of the committee and the staff, no.
Mayor Suarez: OK. As the bids were made, was the cost item broken down and
more - I mean, I see in Ecology's presentation here, proposed tip fee per
turn. I mean, I hope after all of this, we forever eliminate the term, "tip
fee." Tipping fees mean a lot of different things for same people. Some of
us, 1t mans what we pay Monty Trainer when we park over there at his
facility. But you've got an MSW (municipal solid waste), and a YW (yard
waste), and you've got different kinds of components here. What are we
talking about here? Are we talking about their bid, saying, we will take care
of all of this for $60 a ton, $70 a ton, $80 a ton, or maybe any one of the
three, depending on certain things?
Mr. Williams:
the City.
Yes, Mr. Mayor, along with the potential of revenue return to
EK 191 April 15, 1993
.'.
Mayor Suarett that question cannot be answered yes or no.
I
a.
Mr. Odio: The answer is, yes, to what you're saying, but we would hav6 a '
return, resale on the receivables.
Mayor Suarez: OK. So I think the answer then is - their proposal is to '
charge us how much per ton?
Mr. Odio: Sixty-three.
Mayor Suarez: And then to have a share in whatever can be sold?
Mr. Carter: Yes.
Mr. Woo, Fifty/fifty.
Mayor Suarez: OK. But what is - what do we estimate - suppose nothing can be
sold. What is their - $63?
Mr. Villalobos: Who pays for the residuals?
Commissioner Alcnso: Who pays?
Mayor Suarez: OK. Now, wait. I was going to ask you that question, if you
had just given me a second, because then I take the prerogative, and I don't
violate the procedure that we have set up here, as requested by my colleagues.
Why do you make the argument, Jose, that somehow, it's going to be SO -
something dollars, and not $63?
Mr. Villalobos: Under their bid, and I'm reading, and I'll pass it on to you
again. They say that they will...
Mayor Suarez: OK. That other document you gave me before was actually from
their bid?
Mr. Villalobos: From their bid, sir. See, for clarification sake, Mr. Mayor,
my presentation has been in opposition - not my presentation on my - which I -
on my proposal, which I think I will have to...
Mayor Suarez: OK. You're about to quote a section that says: "Under the
Bedminster/SSI proposal, the cost of transporting and disposing of bypass and
residual waste would be a pass -through cost to the City."
Mr. Villalobos: What happened to the 30 percent that they say that they would
not recycle?
Mayor Suarez: God save whoever it is that drafted that sentence. All right.
What does that mean? I'm sorry, what does that mean?
Mr. Senn: That means that the City is going to have to pay the disposal costs
associated with the transportation, and landfilling fees associated with that
30 percent. They in their own admission admit...
EK 192 April 15, 1993
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3. .
Mayor Suarez: But that sure as hell or sure as heck is not what
we've been
told.
Commissioner Plummer: That's not what he said. He said that the
things that -
- they can't...
_
Mr. Senn: Well, he's not telling - he's not being truthful
with this
- Commission.
_ Mayor Suarez: All right.
1 -
— Commissioner Plummer: Well, excuse me.
!
Commissioner Alonso: Well, they better be.
—
Commissioner Plummer: He's going to be $5,000,000 truthful
with this -
Commission.
— Mayor Suarez: Wait, wait. Mr. Manager.
= Mr. Odio: It's not a question of truthfulness, Mr. Mayor.
_
Commissioner Plummer: I heard the gentleman say that that which he
l:-
could not ;-
= compost, they would take away at their cost, to a landfill.
l ,_
Mr. Odio: Mr. Mayor...
-
- Mr. Carter: Mr. Mayor...
= Commissioner Plummer: Excuse me. Did I not hear that?
-
Mayor Suarez: Wait, wait. J.L., as you ask the question - wait. J.L.,
Commissioner Plummer, sir, as you ask the question, why don't we try to get
from our Manager what he understands this wording to mean, right here, it's -
right here.
- Commissioner Plummer: What did you understand, sir?
Mr. Odio: You know what I understand? That I'mgoing'to -
- PAY s63.50, and
that's it.
Commissioner Alonso: Yeah, but that's not the point.
Mayor Suarez: But in their bid, because we have to analyze that, there is -
wording - in fact, he has quoted it - that says, under the Bedminster SSI
proposal - we know what we're talking about - the cost of transporting and
disposing of bypass and residual waste would be a pass -through cost to the
City. What are they talking about there?
Mr. Odio: I don't understand what they mean by "pass -through." It means we
don't pay, that's for sure. =
Commissioner Alonso: I think the company should respond to us what will
happen. He's raising some big items. Who is going to pay?EK -
193 April 15, 1993 -
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Mr. Villalobos: That's the issue.
Commissioner plumper: Why don't you ask them.
Mr, Vilialobos: That's the issue.
Mayor Suarez: Since the Manager cannot answer the Commission's question and
Commissioner Alonso's suggestion...
Mr. Odio: Let me be as...
Mayor Suarez, Wait, sir. We're now • we gave you a shot at it. OK. She
wants to hear - and it's logical - from Bedminster.
Commissioner Alonso: From the company. They should tell us exactly what it
means.
Mr. Carter: I will explain to you exactly what it means. It means that there
1s a pass -through cost for the residuals, but...
Commissioner Alonso: How much?
Mr. Carter: It would be about $18 a ton. Now, on the other side of the
coin...
Commissioner Alonso: So the price is not...
Mr. Carter: Hold it, wait. Wait, let me finish, if I could finish.
Commissioner Alonso: $18 you said?
Mr. Carter: If I could finish. But we eliminate the need for separate
collection of yard waste, which will be a benefit of $20 to the City.
Commissioner Alonso: Why? Because we will not have to collect that...
Mr. Carter: Because you have to separately collect it. That's an equivalent
cost of $20. We eliminate that. They wash out. ' So the City will end up
paying...
Mr. Odio: We're not paying for yard...
Mayor Suarez: OK. I have a lot of questions. Commissioner...
Mr. Carter: They collect it, so we eliminate the collection. So the net
effect to the City is $63.50.
Mayor Suarez: Wait, wait. We are not that low in I.Q. Madam Commissioner,
if you've finished your inquiry, I'm going to follow up on that.
Commissioner Dawkins: We have another...
EK 194 April 15, 1993
_ Comissioner Alonso: No, no, I'm not finished, because I'm not getting a
straight answer,- and I'd like to be sure that I understand exactly how much is
the price. If I have $63 in front of me, I want to know if it's $63, or it's
$76, or it's $81, how much it is.
Commissioner Dawkins: Mr. Mayor, we have another one of our good legislators
-= standing in the back. Would you acknowledge his presence, please?
Mayor Suarez: On the assumption that he also is not here on a compensatory
capacity, Luis Rojas. We're pleased to have you here, and the $32,000,000,000
(thirty-two billion dollars) that we're expecting.
Commissioner Alonso: Mr. Mayor, I think we have the right to know how much is
the final price, because some companies, according to this paper I have, have
included the residual disposal and transportation, but some others did not.
So we are not comparing the same things. It's important to me to know the
exact price. So I'm looking at the price, and I say, well, this company has a
reasonable price, when, in fact, it does not.
Mayor Suarez: And in answering that, if - his point is that they're taking
care of the yard waste pick up, and that saves a corresponding amount. Was
that envisioned in the RFP?
Mr. Odio: Ron, you better answer.
Mayor Suarez: That's lovely. If - what they answer when you say, well, you
have all this residual waste, and you have this pass through, and I don't like
all of that wording, because it sounds like we're going to be hit with
something. Even if we can negotiate it out, which you're saying you would,
they're saying, that's not part of the process. We've got to compare apples
to apples and oranges to oranges. Now, let's assume that the answer 1s that,
in fact, you're somehow absorbing the cost of yard waste, picking up all the
yard waste. Was that envisioned in the RFP? Did the RFP provide that some
companies could agree to also pick up all of our yard waste for us?
Mr. Williams: Oh, yes, yes.
Mayor Suarez: Not process; pick up.
Mr. Williams: Well, you've got to pick it up and process, Mr. Mayor. We're
expecting...
Commissioner Plummer: What is it going to do? Walk over by itself?
Mayor Suarez: Well, so far, we have been picking it up. We have been taking
it over to the plants. Was it envisioned that some of these companies would
also, as an option or as part of the RFP, would, in fact, have to pick up the
yard waste?
Mr. Williams: No, no, Mr. Mayor. Let me explain it. We envisioned a
complete turnkey process. The entire disposal responsibility for the City's
waste stream would be...
EK 195 April 15, 1993
3
Mayor Suarez: Except for the recycling stuff and the pick... well, the pick
up of the regular garbage. You're not expecting to pick up our regular
garbage at the homes.
Mr. Williams: We're not expecting them to pick up anything.
Mayor Suarez: Well, did you envision the part that has to do with yard waste
being picked up by the companies making these proposals?
Mr. Williams: No, sir, no, sir.
Mayor Suarez: OK. So that sort of was an extra or...
Mr. Carter: We don't pick it up. We eliminate the need for separate pick up.
Under the law today, you cannot - you have a separate pick up because of the
waste diversion required. Yard waste cannot go to the landfill. You are
separately picking up yard waste today. With our process, you do not have to
have that separate pick up. You eliminate - that's $2 a household, a month,
approximately you're now charging citizens. We'll eliminate that.
Commissioner Alonso: How do we pick up? You say we eliminate one.
Mr. Odio: What we do now...
Commissioner Alonso: Do I put the refrigerator that I have next to mil
garbage, and you will pick it up together? That's impossible.
Mr. Carter: No, this is the yard waste. You put the yard waste out at the
same time you put your regular trash.
Commissioner Alonso! Exactly but what about th hit
• e w e goods? _
Mr. Odio: You know, let me explain... !
Mr. Carter: That's what I'm talking about.
Mr. Odio: This is important now. We...
Commissioner Alonso: What about the white goods? Our equipment will not be
able to pick up 1n the regular truck.
Mr. Odio: That's another - no, no.
Mr. Carter: That's a separate...
Commissioner Alonso: But then that's an additional expense. So you're
talking to me about a saving that, in fact, it will not come my way, because
still, I will have to pick up.
Mr. Roig: Well, everybody has that expense.
Mr. Carter: No, that's not true.
EK 196 April 15, 1993
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dOA
Commissioner Alonso: I'm not sure, and I want a clarification, so I know j
exactly.
y
Mr. Odio: Well, let me tell you, on the trash...
Commissioner Plummer: Well, let me tell you the clarification I got. You
said you're paying $63.75 a ton, and no more?
Mr. Odio: That's it.
Commissioner Plummer: That's my clarification.
Commissioner Alonso: No, but that's a joke, because we are knowing that he is !
going to negotiate with a company that they will not be able to provide the
price, and we will be wasting time unnecessarily.
Commissioner Plummer: Then they're out of the picture. i
Commissioner Alonso: Let's talk here today, what is the world of reality, and
then we know whether we want to go along or not.
Mr. Odio: Well, if we can...
i
Mr. Carter: Excuse me. This gentleman misstated. We pick up everything,
including your curbside recyclables in one truck. You can eliminate the cost
of your curbside program. All the garbage gets picked up in one truck.
Mayor Suarez: That's the wrong thing to say, because someone wants that to be
done by our union, thank you.
Mr. Carter: Yes, but we...
Mayor Suarez: All right. But anyhow, we've now recognized, we are talking
about yard waste.
Mr. Senn: Mayor, one more thing. I cannot understand...
Commissioner Alonso: Still, I'm waiting for an answer.over here, Mr. Mayor.
Mayor Suarez: Are you going to address one of the questions of the
Commissioners? And does the Commissioner who asked the question want you to
answer it?
Mr. Senn: I am going to...
Commissioner Alonso: I expect an answer from the company that will be doing
the job.
Mr. Carter: We will end up satisfying that in negotiations with the staff.
Commissioner Alonso: No, I'm sorry. For may vote, and I'm telling you, it's
going to be a no to this company, if I cannot get a straight answer here, in
front of the public, of how much it's going to cost the citizens. I don't
want you to go with the Administration, and go into negotiations, when, in
EK 197 April 16, 1993
fact, you're telling me that the price is not $63, but it's higher. And the
Administration is telling me they're going to pay only $63. He will come back
to us, saying it's $76. That, I don't like to be exposed to. You tell me
here how much it will be, and which way, and then I will make a decision if I
want to go along or not. It's nonsense that you go into negotiations with
figures that don't make any sense. Is it $63, or is 1t higher?
Mr. Carter: All right. If...
Commissioner Alonso: Tell me. Is it $63, or higher?
Mr. Carter: I will answer. If we will agree that we can eliminate the
separate collection of yard waste and put it all together and deliver it to
us, it's $63.75, which is our bid.
Mr. Villalobos: That's changing the bid.
Mayor Suarez: Well, that's the question. And I'm glad you - although in this
case, out of order - put it into the record. And that's the question, Mr.
Manager and Mr. City Attorney, that we need answered. Is that feature of the
Bedminster proposal, is that changing the bid? The fact that they now say
it's $63, because we can take care of what we otherwise had here as this sort
of disclaimer by picking up the yard waste, and still doing the whole thing
for $63? Is that changing the bid in any way?
Mr. Cohen: It changes the residual.
Mr. Carter: If I gave you another...
Mayor Suarez: No, please, please. I've got enough of them.
Mr. Cohen: They still haven't answered the residual...
i
Mayor Suarez: Please, please, please. Now, the question is now posed to you,
sir.
Commissioner Alonso: The silence is because we are waiting for the City
Attorney?
Mr. Williams: I mean, I can respond. I certainly don't want to preempt the
City Attorney.
Mayor Suarez: Well, but both of you may be needed. We understand that `.
there's a certain amount of flexibility here, because it 1s a very complex
process, and not everything was extremely clarified up front, where we have
never done this before. We're doing this for the first time, et cetera.
--
However, there's a point at which you have an actual change in the bid. I'm
glad you gave us that wording, because that's precisely what I was searching
for. I don't want to be involved in a position... We have a lot of conferring
_
going on. Pretty soon, you guys are going to ask Marty Fine, and then we're
going to have the oracle giving his opinion. But then he's going to send you
a bill.
Vice Mayor De Yurre: He'll do it for free.
EK 198 April 15, 1993
ry
� z
F.. ,
Mayor Suarez: Oh, he'll do it for free.
Mr. Senn: Mayor, while they're deliberating, may I respond?
Mayor Suarez: I figured you were going to try to use the - what do they call
it - dead time.
Mr. Senn: Efficiency of time.
Mayor Suarez: Go ahead.
Mr. Senn: Mayor, they have still failed to respond to the question. For them
to say, tell us what your tipping fee is right now, at the landfill. It's
$59. You're telling me that they're going to be able to take 30 percent of
their waste, which they have acknowledged in their RFP is 64,500 tons, and
dispose of it in Dade County landfill for $18 when you're paying $59? Let's
get real.
Mayor Suarez: All right.
Mr. Senn: That's a misrepresentation.
Mayor Suarez: We have now had an argument...
-- Commissioner Dawkins: Move to second, move to second.
Mayor Suarez: ... not an elicitation of facts in any way.
Mr. Carter: I have a fact for you, sir.
Mayor Suarez: No, no, wait, please, please. This can't go on. Do we have an
answer to a question? If not - yes?
Mr. Jones: Well, first of all, this was something they proposed. This was
not a requirement, and of course, to the extent that this was their proposal,
certainly, it would be within the parameters of negotiations, that that would
be a point that could be negotiated over. This was not something that the
_
City required. And, of course, remember, too, the price was only one factor
to be considered.
Mayor Suarez: That's the problem. OK, I keep thinking, my God, we can't
renegotiate price here...
A
Mr. Jones: Price was not the sole consideration.
Mayor Suarez: ... but the answer to that is that price is actually one of
-
many factors, because this 1s thought to be new technology that needs to be
evaluated in that fashion. OK.
Mr. Williams: But I would add, Mr. Mayor, we expect, certainly, that whoever
we negotiate with will negotiate within the spirit of their presentation in
the proposal.
-'
EK 199 April 15, 1993
'�
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as ,. '• t at.a� ,r v ?�
A F
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Mayor Suarez: All right. Now, I have a question for my vote, which is really
my most key question, and I'm sorry to have to put it to you in this fashion,
but suppose you have someone up here - in this case, myself - who believes
that segregation of the solid waste stream, the different items in the solid
waste stream, should really be done at the source; not by mixing it in with
some sludge of some sort.
Commissioner Plummer: Because you're kidding yourself, OK? It hasn't
happened. We've been trying it now for how many months? It hasn't worked. I
can't even get...
Mayor Suarez: Why don't I get to ask my question? Because you've got an
answer...
Commissioner Plummer: I'm sorry, sir.
Mayor Suarez: Let me just put the question, and then it may be that you have
the ultimate answer, that it just cannot be done. I find that it can be. I
find that people like to participate in a system where they get to separate
things. I understand that the trash compactor that we have in my house does
exactly the opposite of what I'm suggesting, because it kind of puts a bunch
of stuff in there, and I don't like it.
Commissioner Alonso: Don't use it anymore.
Mayor Suarez: But I could stop using it, if somebody told me that this was
going to improve the environment, save money, I would stop using it. I think
people that don't have as much leisure time as I have may need a financial
incentive, whether it's a nice little bag that the gentleman was very - 1n a
timely fashion showing here - that they are told, if you put it in here, and
that's all the waste that you give us, and it's all the right kind of waste,
we will remove it from our house for a very, very small fee, compared to what
you pay now, which is $160 a year for a one -unit home. Suppose we had that
preference. What would be your answer as to their process? And he says their
process - Bedminster now - is like the most "natural." In many ways, to me,
it sounds like, "the most unnatural." Can you technically try to solve that
for me? It seems to be more natural to segregate things at the beginning, and
not somehow combine them into one big lump that somehow ends up looking -
although I have to admit, this is very effective. I mean...
Mr. Roig: No problem, no problem.
Commissioner Alonso: It's realty nice. Really clean.
Mayor Suarez: This looks like something that can't create too much problem
for anybody, but is this the right way? Is this the future of what's going to
happen here, or should we not somehow be educating people to segregate things,
take back the bottles to the store, take the glass, take the newspaper, take
the metal, presumably not have any toxic waste of any sort, radioactive or
otherwise, et cetera.
Commissioner Plummer: The problem is they're lazy.
EK 200 April 15, 1993
Mr. Williams Yes. Certainly, Mr. Mayor, the ecological spirit of that
citilon participation is desirable. two factors. One, the labor costs are
expensive, and the contamination...
Mayor Suarez: Well, no, no. In my proposed world, there are no tabor costs,
because the constituent, the resident has to do that.
Mr. Williams: No, no, I mean the collection cost, I'm sorry. The
collection...
Mayor Suarez: Wouldn't it be best on a per ton basis, Ron? Where is my mind
failing me intuitively? If you have the stuff segregated, isn't it easier to
pick up the stuff when it's in the right kinds of little lumps?
Mr. Odio: No, Xavier, because what happens - let me explain why.
Commissioner Plummer: Yeah, but how do you put that all on one truck?
Mr. Odio: Let me explain what's happening now.
Mayor Suarez: Well, it could be in bags already, for one thing. It could
be...
Commissioner Plummer: What do you have; red, white, and blue bags?
Mayor Suarez: Yeah.
Mr. Odio: No, but what happens is - what happens is...
Commissioner Alonso: No, just blue and green.
Commissioner Plummer: See, our problem here in this City is, we're
under a
pilot project, right? We get one barrel for everything. OK?
Commissioner Alonso: I know a very...
Commissioner Plummer: The County at least gives you two, if not three,
and
that is one for plastic, one for paper, and one for aluminum. OK?
Now, the
question I want to know, Mr. Manager, if this plant -*and I think all
of them
are the same, they can separate at the plant...
Mr. Cohen: Ours is different.
Commissioner Plummer: You can't separate at the plant?
Mr. Cohen: We take this blue bag, and it comes with the regular
garbage.
They put it out...
Mr. Francisco Ferro: We have that same option as Bedminster.
Mayor Suarez: OK. And the Commissioner is going to inquire, but we're going
to need you at the mike.
EK 201 April 15, 1993
Ll
Commissioner Plummer: OKo my question, Mr. Manager, is, how would you, sir,
in the process of picking up, how would you pick up all three at the same tine
to deliver it to the plant of the company chosen? Would it be in an 82-
gallon? Would it be in a 33-gallon?
Mr. Odio: You cannot. No.
Commissioner Plummer: I can't envision that 1f you go to my house once a
week...
Mr. Odio: You got a lot of trash.
Commissioner Plummer: You bet your bippy.
Mr. Odio: That's what I mean. We do, too.
-- Commissioner Plummer: Now, the question I'm asking is, that's nice to think
that their plant - any one of these - can separate all three of the items,
but how the hell do I get it there? I mean, you know, you talk about this
savings bit.
Mr. Odio: Well, if we do not segregate at the source, we just put it in the
trucks and take it out there. That's easier, because...
Commissioner Plummer: But do you do it through a garbage can, a receptacle?
Mr. Odio: Just like you're doing now.
Mr. Carter: Let me answer this.
Commissioner Plummer: Why would I blue bag it, if I just put it all in one?
Mr. Odio: We wouldn't need any blue bags.
Mr. Cohen: If you put the garbage, the recyclables in the blue bag at each
home and you put it out with the trash, and ' i t gets picked up in the same
truck and they bring it, let's say, to our facility, everything gets
processed.
Mr. Odio: We're going to pick up the recyclables separately.
Mr. Cohen: Mobil Oil makes this bag, Hefty bags. There's a program in
Chicago, in New York, it's not anything new. They're using it up in Orange
County. Ours is the only facility that can take these blue bags and process
every recyclable in here, plus the remainder of the waste in the same time.
Commissioner Alonso: They say they can do it, too.
Mr. Abrams: We have the same blue bag option. It's in our RFP.
Mr. Odio: As you can see...
Mayor Suarez: I'm sure they have the blue bag option.
EK 202 April 15, 1993
Commissioner Plummer: I have one other point I wish to make.
Mayor Suarez: do ahead, Mr. Commissioner, and then I've got one question,
because I've just done the smell test on this, and I want to...
Commissioner Plummer: Mr. Manager, one other of the list of criteria for all
of the companies, regardless of the one chosen. You will recall, I asked Mr.
Williams today, what are we doing with our newspapers, magazines and
cardboard, which I am told by the professionals, amount to approximately a
third of our total waste?
Mr. Odio: No, sir.
Commissioner Plummer: Huh?
Mr. Odio: No, sir. That's too high.
Mayor Suarez: What is it? If you're not - you've said no three times.
Mr. Odio: It's less. The last time I heard, it was less than ten percent.
Mr. Williams: Right.
Commissioner Plummer: No, it's more than that.
Mr. Williams: No.
Mr. Odio: No, sir.
Commissioner Plummer: OK. My question is, where you today are getting rid of
that commodity, you informed me today that it is not costing you anything.
You're not making anything, but it's not costing you anything.
Mr. Odio: That's correct.
s
Commissioner Plummer: All of the proposers that I listen to, I think without
o
exception, said they were going to compost it and charge me whatever their per {
ton was. And I've got a problem with that, OK? I've got a problem, that when
you're giving it away and it's not costing the City anything in tonnage, every
one of the companies are proposing that they're going to throw it into the
regular hopper, and you're going to pay the regular tonnage.
Mr. Odlo: No, Commissioner. Commissioner, the way I understand it, we're
going to continue with our own recycling plant.
Commissioner Plummer: OK. That's the point I'm trying to make to you, sir;
that the City reserves the right at any time to separate prior to the arrival
at the plant any of the recyclables not to be included in the tonnage.
—'
Mr. Williams: Right. Commissioner, the RFP specifically says that we are not
guaranteeing the entire waste stream.
Commissioner Plummer: OK. There's one other point, Mr. Manager, and I've
said this to a number of the conpanies, and I want to...
EK 203 April 15, 1993
-
Mayor Suarez: I'm sorry. To complete your thought, the entire waste stream j
as a percentage, or any component thereof. Because they may deem absolutely I
necessary some component which turns out we prefer to dispose some other way. j
Mr. Williams: That's correct, Mr. Mayor. !
Mayor Suarez: All right. Better be clear on that.
I
Mr. Odio: You know, I think at sane point, Mr. Commissioner, we need to add
also that any host fee that the County is entitled to...
Commissioner Plummer: I understand that's been eliminated.
Mr. Odio: Not officially, 1t hasn't. And any...
Mayor Suarez: Any what?
Mr. Odio: Host fee.
Commissioner Plummer: I was told that that was eliminated.
Mr. Odio: When you divert garbage or trash from the County, they charge a
host fee.
Commissioner Plummer: In other words, like corkage.
Mr. Odio: So - a cork fee. So that's something we need to address with them
or whoever, and also, that the County will have to approve we're doing this.
Commissioner Plummer: My other concern, Mr. Manager, of all companies. If
there is a penalty for less than the 215,000 pounds, I want to know it up
front, OK? In other words, your RFP tails for 215,000. If, in fact, for
whatever reason, it was to fall under that, was there a penalty? Is there a
penalty? I'm assuming 1f it goes over that, they're going to be tickled pink,
all right? Because they get additional tonnage fees. But I'm concerned if,
for whatever reason, we suddenly wake up tomorrow, and we don't have that
amount of tonnage, 1s there a penalty? And 1f so, what is the penalty? Do
you follow what I'm saying? Hello?
Mr. Odio: Yes.
-' Commissioner Plummer: OK, thank you.
Mayor Suarez: Quick question. I hope - let me just ask a question of one of
your co -presenters here, since someday maybe he'll be the Mayor, and I hope
he'll ask a question of my...
Mr. Carter: Could I answer one of your questions, please?
Mayor Suarez: That's not a very bright idea right now.
Mr. Carter: OK.
EK
204
April 15, 1993
Mayor Suarez: Francisco... +
E
Commissioner Plummer: is he going to be the new Mayor?
Mayor Suarez: Well, no. He is the son of the former Mayor, who sat here, and f
I'm hoping someday when he's Mayor, he will ask...
Commissioner Plummer: Do you guarantee me he'll better than his papa?
Mayor Suarez: We won't get into that. Francisco...
Mr. Francisco Ferre: Yes.
Mayor Suarez: This stuff that you gave me, OK, it's called organic roll, was
this produced using some of the raw sewage to mix in with...
Mr. Ferre: In Tennessee, yes, sir, that is correct.
Mayor Suarez: OK.
Mr.'Senn: Don't smell it, please.
Mayor Suarez: No, I did. I did smell it. I did smell it, and that didn't
coma out too bLd. Maybe - but there 1s something here that looks like a
little lizard, I don't know. So this 1s what it would look like, and this
includes raw sewage, it includes what we normally call garbage, the stuff
that - OK, it includes yard waste...
Mr. Ferre: That is right.
Commissioner Plummer: Wait, we are not - excuse me. We are not in any way
talking about the process handling raw sewage, are we? -
Mayor Suarez: No, no. They, sometimes in their process, use raw sewage, but =
they don't have to, they claim.
Commissioner Plummer: But not in our process.
Mayor Suarez: No, I don't think...
Mr. Senn: Yes, we are.
Mr. Cohen: Excuse me. They have to, according to their RFP.
Mr. Viilalobos: Yes, sir. —
Mr. Carter: No, no, no. That's not correct.
Mr. Cohen: Am I right? Ask these other gentlemen.
Mr. Carter: That's an option. We do not need the...
Mayor Suarez: Please, please, please. We've gone through that argument.
We've gone through that argument.
EK 205 April 15, 1993 -
Commissioner Plummer: Mr. Williams, I'll ask My paid help, my high-priced
help. Mr. Williams, is there any stretch of the imagination that we are going
to be handling raw sewage in our facility?
Mr. Williams: No, sir.
Commissioner Plummer: Thank you.
Mr. Senn: They are...
Commissioner Plummer: No, no. Because let me tell you, I remember what the _
cost factor was of getting raw sewage to a 92 percent process.
Mr. Odio: We don't deal with raw sewage, the County does.
Commissioner Plummer: Damn expensive.
Mayor Suarez: I do want to put into the record, at page 22 of a transcript,
which I'm being told by Mr. Villalobos, since he came up here and did this,
materials processing facility proceedings of interviews of composting
proposals, dated 191, 192, or" - it's not dated obviously, but 191, 192, 102,
"if the Virginia Key site didn't work, we would look at another site, and then _
we'd look at things inaudible" - that doesn't help much - "another waste water
facility somewhere, that maybe it's not the water, maybe it's five percent,
inaudible again, animal waste, and animal waste is a major problem all over
the country, because of leachate from animals." I don't think that has '
anything to do with the question that I asked you, but it's now in the record.
i -
Mr. Cohen: I will tell you, our process can take raw septage. We have not
proposed it here. We have proposed to take sewage sludge from the sewage
treatment plant, and that's what we proposed. We don't require it. We say we
can take it, and if we get it, that the benefit of the cost we receive for
taking it from the County - and one of the things we are going to discuss with
the County, we've already had dialogue with them - is we'll take their sewage
sludge, and they'll take the residuals for nothing, and we'll trade, and it
makes a beautiful swap, because the materials we have work well in their _
incinerator. So the other thing, to answer the Mayor's question about we put
everything - isn't it better to separate ahead. We propose an alternate of -a
blue bag program for recyclables, if you want to involved the homeowner. But
when the materials come out of our process, plastic bags come out as plastic
bags, aluminum cans come out as aluminum cans, ferrous cans come out as
ferrous cans, plastic bottles come out.as plastic bottles, and they all can
be recycled after our process. So the net result is, we don't have workers
hand sorting through raw garbage. We don't have them sorting through raw -_
garbage, trying to take these out. We can take them out after the process,
very simply.
Vice Mayor De Yurre: OK. Commissioner Plummer, do you have any further -
questions?
Commissioner Plummer: No, I...
Vice Mayor De Yurre: You're plumb out of questions, huh?
EK
206 April 15, 1993
z
Commissioner plumrrrer: At this particular point.
Vice Mayor De YOM it's unbelievable. Commissioner Alonso.
Comi ssioner Alonso: I still have problems with the pries, and I'd like to
ask you again, ohs more time, what is the final price, the fee, how much it
is. Is it $63, or what? —
Mr. Carter: Sased upon what we bid, it's $63.76.
Commissioner Alonso: Total cost?
i
Mr. Odio: it's really $63.50.
Mr. Carter: Well, $63.50, all right, fine. '
Commissioner Alonso. Total cost.
Mr. Odio: That's what I have here.
Mr. Carter: OK. ►
Mr. Odio: Sixty-three point five zero.
Commissioner Alonso: OK. And your company is?
Mr. Senn: That is not the case, Commissioner Alonso. They are misleading
you. They have clearly stated in their bid that there is a past due cost for
residual disposal. That is going to cost the City $59 a ton. Mr. City
Manager, that is the case. ;
Commissioner Alonso: Well, I have problems with that.
Mr. Abrams: Mayor Alonso, we did the same analysis. We're not working with i
them. We're a different company. We did the same analysis, and we came up ..
with the same figures. Their figure is actually going to be $81 per ton, and
1f they had said that at the beginning like everyone else did, they wouldn't
be here, number one; someone else would, of course, that would be the case.
But now, they can back off, they can change their bid, they haven't answered
one question straightforward yet. They've been changing their...
yr,
Unidentified Speaker: State your name for the record.
_ Mr. Abrams: Tom Abrams, with National Resources. So, you know, let's have it
understood. I don't thin if you go through the scoring analysis, if they had
said what they - what's really the case - that their bid is $81, that they j
would be here right now.
Mr. Odio: Excuse me, sir. You are assuming, and we all are, that the
committee did not ask that question, but they did.
Mr. Senn: They did not hesitate...
EK 207 April 15, 1993
Mr. Odio: According to....
vice Mayor of Yurre: Excuse nee, excuse me. Guys, I don't want to got into a
hissing match here, OK?
Mr. Odio: And what I did is, I even went a step further, Commissioners. You
take the voting...
Vice Mayor De Yurre: Let's put it on the record. What is the cost; $63.50
per ton?
Commissioner Alonso: Total cost, nothing else.
Mr. Odio: $63.50
Vice Mayor De Yurre: $63.50 per ton?
Mr. Odio: Now, unless we give them all our trash, and then it will be $18 or
whatever more, I - what is the exact number for the - if we decided to do
that?
Commissioner Alonso: What?
Vice Mayor De Yurre: If what?
Mr. Odio: To give then the trash combined.
Vice Mayor De Yurre: What did the RFP or the request for proposals ask for?
Mr. Odio: $63.50.
Vice Mayor De Yurre: And that was the response to your question?
Mr. Odio: Yes. That was 1n response to the committee's questions, and that's
what they were rated on, according to the staff, and the committee people.
And I took the committee voting, and you throw out the low points, and the
high points, and you still come out with the same...
!.
Vice Mayor De Yurre: But Cesar, let's make one thing clear. What is being -
we've got to match apples with apples and oranges with oranges. What was
being requested by the committee as the cost, is that - are we comparing X-
apples to apples, or something else to apples?
Mr. Odio: They were comparing apples to apples.
Mr. Abrams: No. -
Vice Mayor De Yurre: OK. So the $63.50 is comparable to whatever other price
we're getting from the other bidders?
Mr. Odio: Yes, it would be.
Mr. Abrams: No, no.
W
EK 208 April 15, 1953
Y
s sib},
could hav
Mr. Odio.. Unless We decide + and
tra,eh that's pi k P alternative
sound� vary good,eifid
Aft
option on$ to con+bine garbage and
give it to them. When they would add a cost to that.
Vice Mayor De Yurre: OK.
Mr. Odio: But we don't have to do that.
Vice Mayor De Yurre: We don't have to do that, but the question, then, the
following question 1st if you were to do that...
Mr. Odio: The others would not do it.
Vice Mayor De Yurre: ... Hello?
Mr. Odio: Excuse me. And the difference is, Commissioner...
Commissioner Plummer: Well, yeah, because I think that's very important, and
I just asked the manager.
Mr. Odio: ... I'm sorry. That the other bidders did not offer the pass
through alternative.
Commissioner Plummer: The other bidders are not proposing to do the same.
Correct? He's telling me • Mr. Williams? Where's my high priced help?
Mr. Villalobos: We don't pick up anything. We accept it.
Mr. Carter: We pick up the
eCaiteupand
andthe
bringyard
lt towaste
usiinone
onepick
truckup,
and
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the garbage, everything. pick
Commissioner Plummer: Well, now, does that make a difference, Mr. Manager?
Mr. Odio: Yos, it would add cost to their proposal, no question about it.
Commissioner Alonso: Then we are not comparing the same thing...
Vice Mayor De Yurre: Does it add the same cost to the.others?
Mr. Abrams: There are no hidden costs in our...
Vice Mayor De Yurre: Excuse me, excuse me, excuse me, excuse me.
Commissioner Alonso: This 1s serious. This is very serious.
Vice Mayor De Yurre: Does it add the same cost to the other amountsthat
we've seen?
Mr. Odio: No. If you compare it that ways no.
Commissioner Plummer: OK.
Vice Mayor De Yurre: So then what are you saying; that we're not compatia:g
apples with apples?
EK 209 April 15, 1993
I
Mr. Odio: I'm saying that if you
took, combined both trash and garbage, you
would pay more to them. Out the
total package, according to the committee -
and I didn't sit on the committee
- they rated high, number one, in every
which way, $o...
-
Vice Mayor De Yurre: OK. Now, what are we being asked here today?
Mr. Odio: We are asking you to
select the number one firm selected by the
committee to negotiate a contract
with that group and then bring it back to
you for final approval.
Vice Mayor De Yurre: Do we have to - and then we can always reject that?
Mr. Williams: Absolutely.
Mr. Odio: You can reject that and
go to number two.
Vice Mayor De Yurre: And then you
can go to number two?
Mr. Odio: That's correct.
Vice Mayor De Yurre: OK. And you will be able to, obviously, just for the
record, to obtain the best deal
possible for the City of Miami in your
negotiations?
Mr. Odio: You can always go down.
Mr. Villalobos: No, sir.
Vice Mayor De Yurre: Even better
than what 1s being proposed here today?
Mr. Carter: Correct.
Mr. Odio: Yes, I'm authorized to do that. And that's what we were going to
try to do.
Commissioner Plummer: Well, I sure hope in negotiation he has the right to
drive down the price.
Mr. Odio: Yes, I can. Yes, we can.
i
Commissioner Plummer: And I'm sure not going to accept anything above it.
Mr. Villalobos: How can we - would that be changing the bid, Mr. Plummer?
f
Commissioner Plummer: Anything below it? We do that all the time. What's
negotiations?
Mayor Suarez: As we answer that, ^ let me clarify a couple of procedural
things. And Jose, I thought I heard you say, when I came here to the sidebar,
that you were getting ready to make your presentation. Somehow in the
communication process here, we're missing something, because I thought all the
presentations were over. But before we get to that, there are other items
that we have. And Mr. Manager, I want to make some announcements. We have
how many Planning and Zoning agenda items?
EK 210 April 15, 1993
.p
I
Mr. 0001 We have quite a few.
C.Missioner plumneri We'11 never get to them# many we've got?
Mayor Suarez: We have quite a few. Can I find out how Y
Commissioner Alonso: It's a very short...
Mayor Suarez: How many that will require public input that are not in-house
� tins?
Commissioner Plummer: One and two have been withdrawn, I'm told.
mm
Mr. Odio: Eleven.
Commis
sioner Piummer-. One and two were withdrawn. Somebody told me one and
two were withdrawn.
Commissioner Alonso: Ten items.
Mr, Odio! OK, make it nine then.
Mayor Suarez: Are you here on a Planning and Zoning item, Marty?
Mr, Odio: You have nine.
- we are number four, five, six and seven.
Mr. fine: Yes. i just handed You
Commissioner Plummer: Get a soft couch, Marty,
and take it easy.
Mr. Fines They're all one. If you can just give us an idea what time to come
back, we'll do it.
mayor Suarez: 1'11 tell you this. I cannot imagine getting to any Planning
and Zoning agenda items until at least 7:00, Marty, if that helps you a little
bit.
Commissioner Plummer: Easily. Go to dinner.
Mr. Fine: That's tine.
Mayor Suarez: All right. If you're not curie present, all we Wright? hold that
against you in any way. We will wait tilly
Mr. Fine: We'll be here.
Mr. Villalobos: Mr. Mayor, I have not had an opportunity to present my case.
Mayor Suarez: Wait, wait, but I'm getting to that.
Mr. Villalobos: OK.
211
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April 15, 1993
y
Mayor Suarez: Now, it seewd to me that we had heard everything we could
possibly hear from everybody, and a few extra things from the gentleman in the
very nice double-breasted blue jacket. Now, how did I go wrong? What did we ;
miss?
4
Commissioner Plummer: Sir, you ran for public office. That's how you went
wrong.
Mayor Suarez: besides that.
Mr. Villalobos: Sir, I have not made a positive presentation. I was just
responding to what we believe 1s a misleading categorization to them. May I
finish?
Commissioner Dawkins: I beg to differ. He had five minutes. I beg to
differ, Mr. Mayor.
Mr. Roig: We believe he had a five minute presentation in that clock, and a --
rebuttal.
Mayor Suarez: Wait, but wait. Nobody asked this Counsel anything. Didn't we
first go through a sort of half interrupted protest, five minutes, and then in
addition to that, gave you another full five minutes, plus all the other
things you've been passing out?
Mr. Villalobos:
No,
sir.
No,
sir. That
was...
Mayor Suarez:
Where
did I
miss
something
here? Wait a minute.
Mr. Villalobos: That was in opposition to their position, sir. I have not
made a positive presentation about my case. All we have been...
Mayor Suarez: So you figure that in addition to being on the agenda as a
protesting entity, which we deemed you are not, but we heard most of your
arguments, and challenging the selection of the company that got the highest
rating, you also are entitled to make a third substantive presentation on the
merits of your own proposal?
Mr. Villalobos: Yes, sir. I have been...
Mayor Suarez: Wait, let me clarify one other thing. Which was rated - what
number, Mr. Manager?
Mr. Odio: Five, the last.
Mr. Roig: They were rated the last.
Mayor Suarez: Which was rated...
Mr. Odio: Five.
Mayor Suarez: ... out of the five that were rated? }
Mr. Odio: Yes, sir.
EK 212 April 15, 1993
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1
Mr. Villalobos: Yes. And I need to say why, Mr. Mayor.
E
Mayor Suarez: Well, 1 say you're an audacious and bold man.
Mr. Villalobos: Thank you, sir.
Mayor Suarez: I don't presume to know what is in the minds of my colleagues,
but I would guess that they're not too favorably disposed to giving you any
more time. Nevertheless, nevertheless, so we don't have a situation here
where anyone says that you didn't get all of the time that you wanted, I am
inclined, unless there's any strenuous objections and I'm overruled, to give
you another three minutes to make a positive presentation on behalf of your
own client.
Mr. Villalobos: I think that that would be insufficient, sir.
Mr. Roig: Mr. Mayor, we would request, then, three minutes.
Commissioner Plummer: In the interest of fairness, 1 would ask, sir, that you
give him two more minutes so that we can't have any other fingers pointed that
he didn't get five minutes like all the rest of them.
Mr. Villalobos: Five minutes. I've been here for an hour and 28 minutes.
But anyway, I'll get the five minutes. !
Commissioner Dawkins: I've been here since 9:00 a.m.
Mr. Villalobos: I'll get the five minutes. Thank you. May I continue?
Mr. Roig: But, we'll request to rebut, right?
Commissioner Plummer: Oh, my mother told me there would be days like this,
and I wouldn't listen.
Mayor Suarez: I, once again, am inclined to give you exactly three minutes.
If any Commissioner wants to overrule me on that, you may make a motion at
this particular time.
Commissioner Plummer: I'm not going to overrule you, Mr. Mayor, but knowing
Pepe, he'll do the five minutes, so go ahead.
Mayor Suarez: Thank you. No, three minutes, and I mean that. At which time,
I would strongly recommend, unless something comes up that somehow has not
been discussed, which I cannot conceive, that you waive whatever rights you
perceive you have, 1n the interest of having a shot at this. Otherwise,
you're going to have a situation where my colleagues may be predisposed to '
send you packing, too. 1
Commissioner Plummer: Further conversation, according to the Attorney
General, is detrimental to your financial health. !
Mr. Villalobos: OK. I'm quoting from...
EK 213 April 15, 1993
Mayor Suarez: Three minutes, Madam City Clerk.
Mr. Villalobos: I'm quoting from July 16, 1992, at page 77 of the proceeding,
and I'm quoting Mr. Victor De Yurre: "Isn't it true that a third group that
didn't even show up, and a fourth group, 1s it, that in bankruptcy, obtained
more points than some of the people that were lower bids?" Mr. Williams:
"Yes." Mr. Plummer, and I'm quoting, Mr. Plummer: "Victor, the bankrupt
group... Victor, as I understand, the bankrupt group never showed up, never
made a presentation, and got better votes than some of the people that showed
up, and made the presentation. Something ain't kosher." Quoting Mr, Plummer.
Now, I am saying that at the second selection of the same people, the
Administration selected the same people that did precisely what Mr. Plummer
said, that it was not kosher. And I am going to refer to specifically to Mr.
Mosi Kitwana. Mr. Mosi Kitwana, in 3/12/1993, graded us zero points in
technical approach, and yet, the same gentleman, in 5/15/1992, in technical
approach, gave us 18 points. Now, I want to ask this Commission, how is it
that a year later, I know a tot less than the year before? Now, we want to
let the Commission know that Ecology Concepts and Amerecycle have precisely
the same technology, and yet, Mr. Mosi Kitwana gave us five points on
composting and solid waste experience, and the other company 20 points, being
precisely the same component. When we go to financial stability and strength,
they gave us three points, when we were the only company that gave the
committee a $5,000,000 bond. Now, in general management and marketing, Mr.
Kitwana gave us three points this year, and last year, Mr. Kitwana gave us ten
points. Now, that's the same person that all of a sudden graded us 31 points,
making us so low that it's impossible to compete fairly. Now, I go - the same
thing happened with a person called by Andres Mejides. Mr. Andres Mejides
graded us in Ecology, ten points, and Amerecycle, 20 points, when we're
exactly the same components.
Mayor Suarez: OK, I'm sorry. I have to interrupt you to correct. You said
"rated us ten points in Ecology," and I think you meant ten points in
composting and solid waste experience.
Mr. Villalobos: Correct. Now, the same gentleman last year gave us 21 points
in solid composting waste, and this year, they gave us ten points. Now, we're
asking for the committee to consider these three gentlemen. Mr. Dave Kuhn,
that gave us 50 points - now, if you compare the points given last year to
this year, and you throw out the people that Commissioner Plummer said weren't
kosher, we will come out to number two instead of number five. I want the
committee, this Commission, to explain to me how is it that it's possible for
the same person to give us in the same category zero points, when the year
before, we were 18.
Commissioner Dawkins: In my opinion, if you want my opinion, that was the
gentleman's feelings, and he has a right to his feelings, and that's how he
felt.
Mr. Villalobos: And we have the right to say...
Commissioner Dawkins: You nor I can say that whichever one that he voted for
you, that that was not his or her true feelings.
EK 214 April 15, 1993
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Mr. Vilialobos: No, but I say that as - I join Mr. Commissioner Plumrseri
saying something ain't kosher, that's what I say, Mr. Commissioner Miller
Dawkins.
Commissioner Dawkins: No, no, no. You asked me to explain to you how the
gentlemen voted; that's what you asked me.
Mr. Villalobos: Well, certainly, certainly. I don't know what's 1n his mind.
I don't know why he was mistaken.
Commissioner Dawkins: All right. So I told you. My explanation to you is
that when the gentlemen evaluated you one time, he felt one way, and when he
looked at you in the light of the others, he felt differently, that's all.
Commissioner Alonso: Can we negotiate with all five? Why not?
Commissioner Dawkins: Well, you in effect, do. If he can't negotiate with
the first one, then he goes to the second one. He can't go back to the first
one.
Mr. Villalobos: Now, the people of Dade County will have to pay this bill.
Coastal is $2,737,000, in addition, superior to us. Bedminster is $794189750
higher than us. Daneco is $7,472,500, higher than us; and Amerecycle was
$5,960,000. Now, you explain now to the citizens of the City of Miami, how
are you going to justify this thing in here.
Commissioner Alonso: Price is a very important factor.
Commissioner Plummer: Are you bad people?
Mr. Roig: We believe we already answered the price.
Commissioner Alonso: Well, I'm still confused.
Mr. Odio: On behalf of the committee, I need to say this. I reviewed these
ratings up and down, and 1f you take all of them, he's still number five, and
if you take the high and you take the low and throw them out, he's still
number five. And I don't know what else to do. I mean...
Mr. Villalobos: If you take the number...
Commissioner Alonso: We should negotiate with all five.
Mr. Odio: If you take the two gentlemen...
Mr. Villalobos: If you eliminate the three gentlemen, we're going to be
number two.
Mr. Odio: I mean, but 1f you eliminate the committee, you might become number
one.
Mr. Villalobos: Who knows what will happen. But the citizens of the City of
Miami, I assure you...
EK 215 April 15, 1993
ah 14�
Mr. Odio: I object to that, because we are responsible and we know what we
want.
Mr. Senn: If due consideration were given, Bedminster would never have been
considered, because their bid was totally non -responsive.
Mayor Suarez: Al right. Sir, see, we've heard that at three different
- times, in three different ways, from your side, and just repeating it doesn't
help, you know. It makes us wonder...
Mr. V111alobos: No, it makes up a record, Your Honor.
Mayor Suarez: Yeah, but you've got a pretty complete record already.
Commissioner Plummer: Well, the real problem that I see here, and he,
V111alobos, is making a very good point. The difference is, the terminology
says "may." It doesn't say "you shall," which is mandatory. If it had said
that "you shall," then it would have been a noncompliance, because they only
put one in. It says "you may," or you may not; that's your choice, OK?
"Shall" means you do it, or bye-bye. So that's where that problem came in.
Mayor Suarez: All right. Anything further from the Commission? We should
get into...
Commissioner Alonso: Well, if the tippping fee to the City is, in fact, what
we have 1n front of us, $83.78 versus 149.27, the company number five, to me,
it's very important. I think that we should really look into that. Price is
a very important factor.
Mr. Carter: We have looked...
Mr. Odio: I don't know where the 49, Commissioner, the $49.27 - the bid that
I got here is $58.50. So - and the other...
Commissioner Alonso: Well, they are taking everything into account, according
to what we have in front of us.
Mr. Roig: No, no. $58.50 is their quote.
Commissioner Alonso: And you know something, Mr. - excuse me, I'm talking to
Mr. Odio. Mr. Odio, you know, somebody from the Administration - Mr.
Williams, perhaps - should have come 1n front of us and to this chart, and
tell us what is right and what 1s wrong.
Mayor Suarez: Why don't you do that? I mean, it's his chart, so I don't want
to be touching up his stuff, but go item by item and tell us what their bid -
you're going to have to take the mike with you, Ron.
Mr. Odio: Go ahead and tell him. That's his chart.
Mr. Roig: It's his chart.
Commissioner Alonso: But, he can pinpoint and say, yes, indeed, it is true or
not.
EK 216 April 15, 1993
Mayor Suarez: Ron, take the mike with you, and from your figures, tell us
about the proposed tipping fee or processing fee, I think would be a better
word.
Mr. Williams: Wish me luck, Mr. Mayor. I'm pretty sure this 1s rather
innovative here.
Mayor Suarez: No, try to be more than pretty sure. From what you actually
got...
Commissioner Alonso: We need a "yes" or a "no," and if something is wrong,
you tell us what.
4
Mayor Suarez: Ecology's proposed bid had what amount for - OK, I see 1t at
the top. Is that the one at the top?
Mr. Williams: You have the tipping fees that were presented to the committee
- across the top, Mr. Mayor.
Mayor Suarez: OK, all right. That would be, Ecology, $58.50; Coastal, $62; —
Bedminster, $63.75; Daneco, $64; and Amerecycle, $77. 4
Mr. Williams: I have no idea where these numbers came from.
Mayor Suarez: All right.
Mr. Villalobos: Not quite, Mr. Mayor. 1
= i
Mayor Suarez: Well, but nobody ask you. Nobody asked you.
1 =
Mr. Villalobos: Not quite.
- 7 -
Mayor Suarez: You made your presentation, and now we're asking...
Mr. Villalobos: But they're mistaken.
Commissioner Alonso: OK. You go to the next step, please.
Mayor Suarez: All right. Please.
Mr. Williams: I have no idea where they created these numbers from.
Mayor Suarez: All right.
Commissioner Alonso: Well, you should know. The disposal cost and
transportation, you should know.
Mr. Williams: These are the disposal rates, Commissioner, as presented to the _
committee.
Commissioner Alonso: That's right.
EK 217 April 15, 1993
Mr. Williams: Now, these numbers that someone else has taken and attempted
and...
Commissioner Alonso: Mr. Williams, definitely, there's something gray in the
information that we are receiving, and it seems to me that I can sense that
there is a difference in price. When we talk about the residual disposal cost
and transportation, definitely, that's an amount that would have to be added
to the price that they are giving to us. Somehow, something is not black or
white; it's gray. And it suns to me that it's that point. And I need you to
tell me what is wrong, and if, in fact, there is an increase, because to me,
it's immportant for my vote to tell the citizens of Miami, it's going to cost
you $81, $839 $49, per ton. It means millions of dollars at the end of the
year, and I have to know.
Mr. Williams: OK, let me qualify - let me give you an answer. First of all,
this is the first I've ever seen of this, period. OK? Someone else put this
together without my knowledge. I don't know 1f it even was submitted to the
committee, OK? This just dropped out of the sky. I've never seen it. What
I'm presenting to you is what was presented as part of the formal...
Commissioner Alonso: But you listened...
Mr. Williams: Let me finish, please.
Commissioner Alonso: But you listened to the presentations made to us.
Mr. Williams: I've listened to all kinds of arguments here.
Commissioner Alonso: Exactly. So you...
Mr. Williams: And I don't know who's telling the truth and who's not.
Commissioner Alonso: Sir, listen, Mr. Williams...
Mr. Williams: I'm just going by what was presented to the committee for
consideration.
Mr. Villalobos: This is what was presented to the committee, right here.
Commissioner Alonso: No, no, no, no. Just a minute, I'm asking a question,
Mr. V111alobos, and I'm not asking it to you. I'm asking to Mr. Williams,
that doesn't want to listen. Listen to me, Mr. Williams. This is my question
to you. You listened to the presentations made to us, so you have exactly the
same information that we have. I'm asking to you, this information that this
company is giving to us and comparing all of the companies, apples to
apples...
Mr. Williams: Let me give you the rates.
Commissioner Alonso: Let me finish my question. There is more to the price
than what they have presented to us as the proposed fee per ton. There is, or
no? Yes or no?
Mr. Williams: No.
i =
EK 218 April 15, 1993 r
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t
Commissioner Alonso: It couldn't be in between.
Mr. Williams: No.
Commissioner Alonso: So you are telling me that when we come back with the
negotiations, whatever it is, if this company is awarded this contract, the
City of Miami will not pay them one penny above $63.75?
Mr. Williams: Yes.
Commissioner Alonso: And it will be equal...
Mr. Odio: $63.50.
Commissioner Alonso: $63.50. It says 0.75" 1n front of me. $63 - that's
even better. $63 - I'm not going to argue if it's lower. $63.50. If you
want to make it $630 I'll be delighted. If you go for $50, much better, more
power to you. But what I want to know 1s that - Mr. Williams, would you
listen, please. I'm trying to get from you a definite answer, because you are
the person in charge of this process, and I need a specific answer. Is it the
same fair and square comparison, with the same things that they are offering
to us?
Mr. Williams: Yes.
Conmissioner Alonso: Well, we'll have to call an expert, because the
Administration is telling us, yes, and somehow, to be honest with you, I
believe the rest of the companies are telling the truth, and you are missing
something.
Mr. Williams: Well, Commissioner Alonso, you are perfectly welcome to your
opinion.
Commissioner Alonso: Furthermore, I have to put this on the record.
Mr. Williams: let me tell you what we've been presented to us, and these are
the numbers.
Commissioner Alonso: People from this company have told me that, indeed,
there is an increase. So how much is it going to be?
Mr. Viilalobos: This is their representation. We copied this out of theirs.
Commissioner Alonso: Mr. Villalobos, please, let them answer.
Commissioner Plummer: Again, for the record, the Manager has told me that the
maximum is $63.50 a ton. I will not accept anything above that. I don't care
what the hell they say.
Commissioner Alonso: Don't kid yourself, Mr. Plummer. Don't kid yourself,
Mr. Plummer. Because if you receive less, you will be paying $63.50, but will
be paying additional cost somewhere else.
EK 219 April 15, 1993
4
Commissioner Plummer: I will not pay it.
Mayor Suarez: All right. I've got a procedural requirement here.
Commissioner Alonso: We have to know and then make the decisions.
Mayor Suarez: I want everyone to remove themselves from the microphones.
We're closing the public hearing, and we need to have a discussion here.
Please, everyone. If you can disconnect them, then disconnect them, Madam
City Clerk. We've had enough of this, and we're going to get non-functional
in a couple of minutes. Now, Commissioner Alonso is inquiring. I've got a
few questions still.
Commissioner Alonso: Yes, yes.
Mayor Suarez: Or one or two. Please.
Commissioner Alonso: What I need to know, and I have to be certain, that my
vote will reflect the complete knowledge that nothing has not been stated to
me clearly. I have the feeling - and this company is excellent, by the way.
I have seen, they made the presentation to me what they have presented, and I
think it's an excellent company, and I think they could do an excellent job
for the City of Miami, and that's not the point. The point is, I need to
know, price -wise, are we comparing the same? It seems to me that according to
some of their statements, there is a certain difference in price. Then, Mr.
Williams, you are telling me, no, there 1s not. Who do I believe, and if so,
how much is the total cost, exactly, company to company? Because it's not
fair if I sell you uniforms, and I only sell to you the pants and nothing
else, I'm not giving to you the complete uniform.
Mr. Odio: But just for the record...
Commissioner Alonso: And I could be giving to you less.
Mr. Odio: For the record, these recommendations were not based on price only.
Even if we were not comparing, the committee...
Commissioner Alonso: That's not the point.
Mr. Odio: Yes, 1t is the point, because you're saying we're not telling you
the truth, and we are telling you the truth.
Commissioner Alonso: No, sir, it's not the point of my question. Sir, sir,
sir, Mr. Manager, it is not the point, because I have the right - Mr. Odio,
I'm asking some questions for my vote, and I have to know, and whether the
price 1s not the most important thing for you - and I have to state that I
believe all of these companies are excellent companies, and these people have
tremendous experience, and I agree with that - price is very important to me,
because money is very important for the taxpayers of Miami, and for my vote,
it's very important. It's not the same to pay $81 as to pay $49. Therefore,
to me, that's very important. It might not be that important to you, it is to
me, for my vote, and I have every right in the world for me and the citizens
of Miami, to know the truth and not to have hidden costs pass through other
channels. I want to know...
EK 220 April 15, 1993
fry! � ✓ '.� i T `::Y
Mr. Odio: Well, but you...
Commissioner Alonso: let me finish... that we compare equal things, and then
I'll make the final decision.
Mr. Roig: I think, Commissioner Alonso, I think we could answer that
question.
Mayor Suarez: Wait, wait wait, wait. The question 1s not directed at any
party. Please, everyone, just remove yourselves from the microphone, please.
Now, we have - the public hearing is completed. Questions of the
Administration, and any discussion by the Commission. Then we're going to
vote or not vote, whichever.
Mr. Odio: The question 1s very simple. We appointed seven people that
listened to numerous hours of presentations, and they came up with that one
company, "X" company was the best one. All of them agreed to that, by the
way, except one of the members. Six out of seven members agreed who was
number one. I don't know why. I wasn't there, he wasn't there. It was a
total open process, as far as these companies with that committee. Now, they
did not judge these coManies only on price, because you get a cheap price,
and they cannot deliver, and we have to eat all our garbage one year later,
like Agripost and the others, what did you buy? They had to judge what was
the company that could deliver the goods.
Commissioner Alonso: Mr. Mayor, can I ask that they respond to my question
about price?
Mr. Odio: And the price is $63.50. The difference was 1n price, and I said
that on the record before...
Mayor Suarez: Did it strike you in any...
Mr. Odio: ... that if we pick up trash and garbage together, they would try
to raise the price and...
Mayor Suarez: Elaborating on the Commissioner's doubt, did it strike you as
unusual that one party was proposing to deal with all of the waste stream, and
the other party had some notion that there's some residual waste that had to
be treated 1n some other way, and that that may affect the way the prices came
In, or did you assume somehow that that would be resolved at this level, or at
your level, or what?
Mr. Ddio: They had the option to say it or not. Now, I'd rather deal with a
company...
Mayor Suarez: The option to say what?
Mr. Odio: That they could combine trash and - the fact is, if you look at the
Ecology bid, they say garbage only, so much; trash only, so much; clean yard
waste, $27. In other words, they had - they listed that and they left the
same price, it is true. They came in and said...
EK 221 April 15, 1993
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Mayor Suarez: OK. I remember what the "YW" stands for. It's yard waste now,
right.
Mr. Odio: That's what the $27 Ofths. 4 ``
Commissioner Plummer: Boy, you're getting smart in your old age.
Mayor Suarez: Right.
Mr. Odio: Now, the option is yours.
z
Mayor Suarez: I'm regaining some of the I.Q. points that I lost when I was
elected here.
Mr. Odio: You know that we have to bring a contract back to you for whatever
company you choose. I'm only going by the committee's recommendation of
professionals.
Mayor Suarez: And you are convinced that now, there is no better way of doing
this, as far as cost, which obviously concerns all of us, than what we've —_
done? in other words, giving it - what percentage was it in the criteria?
Mr. Williams: Thirty percent total.
Mayor Suarez. A lot of people would say, cant you figure out a way to give -
cost 100 percent? In other words, to make...
Mr. Odio: Sir, Mr. Mayor, suppose a company comes in and says, we'll do it
for $20, and they cannot deliver? What do we have?
Mayor Suarez: I have a couple of questions, when you finish.
Mr. Williams: Which is happening all over the country, by the way, Mr. Mayor.
Commissioner Plummer: If that is the case, I get $5,000,000.
Commissioner Alonso: So, in fact, what we are saying is 1f we add -the $63 and
the $18, it's the $81 that has been referred again. So this is a question of
interpretation, and there is a difference in the price'.
Mr. Odio: But unless - and I'll put it on the records if they do not say
that their price 1s $63.50 with everything, then I'll go to the second
company.
Mayor Suarez: Now, after the fact, you can enforce that, and the City
Attorney presumably is advising us that we're in a position to negotiate that'
and at least assure the citizens that they're not going to be paying more than
that amount.
Mr. 0dio: We will not pay more.
Mayor Suarez: If all those other provisions, indemnifications, bonds, at
cetera, can actually be, in fact, put in place, and if they have the kind of
tightness that we are thinking they have. I have a few questions.
EK 222 April 151 1993
x
Commissioner Alonso: We have to...
Mayor Suarez: I'm sorry, go ahead.
Commissioner Alonso: One last question. We have to negotiate I don't think
I can possibly swallow any more information than I've been given. What is
this? The green one now? "The City reserves the right to accept..." Is this
the one?
Mayor Suarez: The green one.
Commissioner Alonso: "... any proposal, any part of any proposal" - he even
reads may mind - "or to reject any and all proposals received in response to
these RFP's, to negotiate with at least two qualified proposal" - OK, fine.
Yes. If we want to negotiate with all five.
Mayor Suarez: All five?
Commissioner Alonso: Yes.
Commissioner Dawkins: Well, that's what you're doing, when you go from one,
if you don't reach an agreement, you go to two. If you don't reach an
agreement with two...
Mayor Suarez: But I think she means, could you kind of negotiate with all
five and take parts and parcels, et cetera.
Commissioner Alonso: Then there will be tremendous competition. Why can't
we?
Mr. Odio: The Attorney says you cannot do that.
Commissioner Alonso: I guess that's one of the...
Mayor Suarez: Please, please, counselor. fly God, if you were 1n court, you
would have been paying some contempt fines by now, and he would have been
paying then too, but smiling all the time. And Roig, I don't want to talk
about him.
Commissioner Alonso: So, Mr. City Attorney, how do we do it?
Commissioner Dawkins: The Commissioner 1s asking for a legal opinion.
Mr. Rafael Diaz: The way you can negotiate this is to go company by company.
Once you discard one, you go to number two, then you go to number three. But
you cannot go back and negotiate with number one.
Commissioner Plummer: I thought that only pertained to architects...
Mayor Suarez: Professional contracts, you mean? We've read from the RFP, but
now he's interpreting it.
EK 223 April 15, 1993
Mr. Diaz: that is the interpretation that has been given by the City
Attorney'$ Office.
Commissioner Plummer: That 1s State statute?
Mr. Diaz: That's the way the RFP...
Commissioner Plummer: I don't think so. I think that only relates to
professional contracts. This 1s not a professional contract.
Mr. Diaz: But the way the RFP is structured is that way.
Commissioner Plummer: What way?
Mr. Diaz: Going from - by the recommendation of the Manager, from group one,
to group two, to group three.
Mayor Suarez: It's kind of a combination public works, technology...
Commissioner Alonso: That's exactly what we did or attempted to do.
Mayor Suarez: What do we do with what appears to be a very strange rating by
at least one individual? What have you concluded about the rating that gives
them, Ecology Concepts, a zero in technical proficiency? Have you figured
your way through that one at all?
Mr. Williams: I've looked at them, Mr. Mayor, and I basically take the
position that these members of the committee were highly professional people.
They put 1n a lot of...
Mayor Suarez: Mr. Kitwana is actually with the U.S. Conference of Mayors?
Mr.' Williams: He is the National Director of Composting for the U.S.
Conference of Mayors, and...
Mayor Suarez: And we're satisfied that he has no financial interest, of
course, in any of these companies, et cetera?
Commissioner Alonso: I hpe not.
Mr. Williams: Well, yes, I am, Mr. Mayor, and I won't make may comments about
that, that imply character association.
Mayor Suarez: Do you have any idea why he would have rated Ecology Concepts
higher in another go around, and this time so low?
Mr. Williams: I think that he sat through the presentations knowing the
gentlemen. He read diligently what was presented, and I think he gave his
best, fair judgment in terms of what he thought was in the best interest of
the City of Miami.
Mayor Suarez: All right. Another question. It seems like their technology
is either more advanced than I am in all of this, or more primitive; I can't
figure out which. But whichever it is, suppose five years down the road and
EK 224 April 15, 1993
this has to do with Commissioner Plummer's prior question - we just don't like
the way this is done, you know, this mixing of the sludge, and not segregating
1t right from the beginning, st cetera, what provisions can be built in, if
any, at this point, to allow us to change to a different way of doing it, and
when can we change it? Are we now going to be stuck for 20 years; is that
what you're going to be telling us, with this technology? I mean, this is a
fast, evolving technology.
Mr. Williams: Right. Again, I'm precluding the beginning of the
negotiations, Mr. Mayor, but certainly, the wishes of this Commission with
regards to length of contact or extensions, no extensions, and so forth,
certainly will be taken into consideration.
Mayor Suarez: Supposing, for example, that we were to find that another
jurisdiction - and I hate to bring up Metropolitan Dade County
o+itbut
had
a
deal with someone that we could incrementally just piggyback n
composting, let's say, and then let nature and time take its effect, and two
or three years down the road, without having to pay anything more than what
these are costing, and without having to build anything or buy any land, or
find any sites, look at the technology three or four years down the road. Is
that...
Mr. Williams: I'm sure the talented and able City Attorney's Office will
build in the appropriate exit clauses.
Mayor Suarez: But what does the RFP say about that? Is this a 20-year fixed
deal, Rafael? How does 1t work, Mr. City Attorney?
Mr. Diaz: I'm sorry, what was the question?
Mayor Suarez: What is the term of the agreement that we would be...
Mr. Diaz: It's 20 years.
Mayor Suarez: In 20 years. What ways out do we have? I mean...
Commissioner Plummer: Twenty years 1s negotiable.
Mayor Suarez: I mean, are they building into their debt service, and into
their plant construction, and all of that, the guarantee that they're going to
be doing this for 20 years for us?
Commissioner Alonso: I guess so, yes.
Commissioner Plummer: Commissioner, can I ask a question, Mr. Mayor, along
those lines?
Mayor Suarez: Yes, sir.
Commissioner Plummer: Mr. Manager, I'm concerned now, based on the Mayor's
question, that you will address in your negotiations, if the federal laws
relating to the disposal change, or, in fact, if the state of the art were to
change radically, what provision would the City have to either protect or
negotiate itself? Do you understand what I'm saying? We know if the laws
change and they had to comply with the laws...
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April 15, 1993
Mr. Williams: 'that's an absolute, Commissioner. On that one, that's arm
absolute.
Commissioner Plummer: Well, OK, that's an absolute, but what about the cost
factor to us? The second part of it is, if, in fact, tomorrow morning we wake
up and there is an absolutely revolutionary method that has now come along
that we never even conceived of, do we have the right to force them to adopt
the new method? And if so, is it a negotiable item?
Mr. Williams: I would think. Again, I don't know...
Commissioner Plummer: Hey, I'm just saying, I hope the Manager will address
that in his negotiations.
Commissioner Alonso: If it's reasonable. '
Commissioner Plummer: Well, here again...
t
Mr. Williams: It would certainly have to be some kind of amendment.
i
Mayor Suarez: The wording, by the way, on something very related to what the
Commissioner is saying, although not identical, should be very tightly done, i
if, in fact, the law changes. We should have ail kind of provisions that
allow us, if this thing becomes illegal to perform, illegality of performance.
I mean, the law is evolving, and I... ►
Mr. Williams: That's true, Mr. Mayor, and that's why this is a complete
turnkey project. The permitting requirements, compliance with all State,
Federal, local applicable laws is the responsibility of this provider. j
Mayor Suarez: Yeah, except that if it was up to me, and if was a private
i deal, I would argue the opposite of what you just said as far as turnkey. I
would find something that was not turnkey at all, that was simply incremental,
'4 in other words, just another user for something that was already there, and
not try to build anything new because I am afraid that that involves a huge z'
investment that then they are going to want to recover.
Commissioner Alonso: But this was the RFP. That was part of the RFP.
Mayor Suarez: Right, that's built into our RFP.
Commissioner Alonso: Exactly requesting the turnkey.
Mayor Suarez: So there's not much we can do about this, is what you're
saying. And, as far as the sample you gave me, there's a suggestion been made
that that doesn't smell now, but how do we know that it didn't smell before.
Can I ask that?
Mr. Roig: You can come to the plant, walk around.
Mayor Suarez: Right.
Mr. Roig: Any time.
EK 226 April 15, 1993
Mayor Suarez: How many plants in the u.se?
Mr. Ferr
e; There's three plants 1n the u.S. and you are all invited at Any
time, unannounced.
Mayor Suarez: What are the cities, Francisco? Texas, and Pine Top,
Mr, Ferro% They are in Cedarville, Tennessee, Big Sandy,
Arizona.
Mayor Suarez: God, you don't have a better place than those three?
Mr. Ferre: The Tennessee plant is...
Mayor Suarez: Just kidding, just kiddingl Smokey Mountains, in the
Mr, Ferre: The Tennessee plant is in the Great
national park.
Mayor Suarez: Well, all right. You don't have any in Paris. or Hawaii.
Y who was it that was in
Commissioner Plummer: I'd rather go to the company
Europe?
Commissioners? If not, we've got to do
Mayor Suarez: Any further questions,
something with this item, one way or the of
Vice Mayor De Yurre: I'm ready to make a motion, Mr. Mayor.
Mayor Suarez: All right, sir•
this time committee egln negotiations with the
Vice Mayor De Yurre: I move at
number one team, group recommended by the
Mayor Suarez: So moved.
Commissioner Plummer: Well, are you excluding others?__
Vice Mayor De Yurre: No, I'm saying to begin the process,
Commissioner Plummer: i would vote...
OU
Vice Mayor De Yurre: ••• JeL•' the pusCess we accept 1t that we have
rejectcit- s If
bwe
negtthen he eYOU st dgo on.eals rinq it e
reject it,
Commissioner Plummer: Accept the recommendations of the committee and send
them to the manager, period. If that's the motion, I second it.
Vice Mayor De Yurre: OK.
Commissioner Plummer: I don't think we have any choice.
227 April 150 1993
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Mayor Suarez: So proved and seconded. Any discussion from the Commission?
Vice Mayor De Yurre: Call the roll.
Mayor Suarez: If not, please, call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-250
A RESOLUTION APPROVING THE FINDING OF THE EVALUATION
COMMITTEE AS TO THE MOST QUALIFIED FIRMS IN RANK
ORDER, WHICH SUBMITTED PROPOSALS IN CONNECTION WITH
REQUEST FOR PROPOSALS NO. 91-92-102, TO DESIGN,
CONSTRUCT, ACCEPTANCE TEST, FINANCE AND OWN/OPERATE A
SOLID WASTE PROCESSING FACILITY; AUTHORIZING THE CITY
MANAGER TO UNDERTAKE NEGOTIATIONS WITH THE MOST
QUALIFIED FIRMS, IN RANK ORDER, UNTIL HE ARRIVES AT AN
AGREEMENT WHICH IS FAIR, COMPETITIVE AND REASONABLE,
AND DIRECTING THE CITY MANAGER TO PRESENT THE
NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS
RATIFICATION AND APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: With the safeguards that I have asked the Manager to
build in, I vote yes.
Commissioner Dawkins: I am voting yes, and after the motion, I have another
motion to make.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, I mean Mr. Manager, what does "to design,
construct, acceptance test, finance, own/operate a solid waste processing
facility" mean?
EK 228
April 15, 1993
is
S
Mr. Odio: That's a turnkey operation, Commissioner. They are responsible f0r
everything -- from the purchase of the land, from building the plant, and to
accept our garbage and trash •- total package.
Commissioner Dawkins: What are you calling solid waste?
Mr. Odio: We are excluding from solid waste, as I've mentioned a few times,
recyclables, at this time.
Commissioner Dawkins: So, therefore, when you come back with a negotiated
contract, it will exclude recyclables, which we are trying to establish a
recycling company with the present employees of the City of Miami. Is that
correct?
Mr. Odio: Yes, sir, item 24 will address that today, yes.
Commissioner Dawkins: We're dealing with item 20, now.
Mr. Odio: Yes, sir, it will exclude recyclables, and we will continue with
our recyclable program.
Commissioner Dawkins: Now, in the event... and I am only asking for
information...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... in the event that the recycling company that is
trying to be formed works out an agreement with Bedminster, or anybody, to
help them form the recyclable company, 1s that acceptable?
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK. No further...
Mr. Odio: We will spell it out, and it concerns me, listen, that the 215,ODD
tonnage, I mean that's not going to be there, and if it's not there, I expect
no penalties.
Commissioner Plummer: Weil, that's one of the questions that I asked.
Mr. Odio: Like you mentioned, there will be no penalties. Or there will be
no contract that I wilt propose, anyway.
Commissioner Dawkins: OK. All I am saying to you is that we will continue to
attempt to organize a recycling company, you and I.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Thank you, Mr. Manager, thank you.
Commissioner Plummer: Mr. Manager, may I inquire, sir...
EK
229
April 15, 1993
Commissioner pl onso: But I wonder how much it will really costs all of this,
to the citizens of Miami.
Commissioner P1
mnner: Mr. Manager, may i ask, sir, of you what do you feel
reasonably
that you will be bark before this COMM'
days?
ssion with a negotiateor
no contract, so we'll know? Thirty days? Sixtyeating in June.
Mr. Odio: No, I'd like to bring it back in the first m
Commissioner Plummer: First meeting in June.
Mr. Od1o: if we can reach an accord*** answer by no less than the loth of
Commissioner Pltsnmer: So we will have an
June,
then, I reach anwill leaccord*.. yo
Mr. Odio: If i cannot reach an we cannot
I will let
accord by
writing, so that we can... Or maybe
you know.
a or De Yurre: Mr. Mayor, for the recoi�th t if possible. hat June 10th meeting I
Vice My
won't be in town. I'd like to change 1t to the
Commissioner Dawkins: Which meeting?
Vice Mayor De Yurre: June 10th move it to the 17th.
Mr. Odio: Seventeenth? for
Mayor
Suarez: Let's start considering our calendars
rate time
gsible change of
the first meeting in June to the 17th at the pP
Mayor Suarez: Do we have a companion item on this?
Mr. Odio: No, sir.
Commissioner Plummer: A what?
Commissioner Dawkins: I'd like to ask a questiotinn
of Commissioner De Yurre.
Does your wife know you're changing all these
Vice Mayor De Yurre: You better believe it.
Commissioner Dawkins: OK. Thank you.
Vice Mayor De Yurre: She's the one that's asking me to change them.
230 April 15, 1993
EK
1.
;yea
i�
31, APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF HAYDEN
ENTERPRISES, INC. IN CONNECTION WITH DINNER KEY MARINA RESTORATION
PHASE I1 REHABILITATION OF PIERS AND BAYWALK H-1008.
-r-r---i----------eft---------------------- ►--------
Mayor Suarez: Item 22.
Commissioner Plummer: I knew we were deteriorating.
Mr. Pedro Roig: We would like to thank the Commission.
Vice Mayor De Yurre: We do have Channel 9 at home.
Mayor Suarez: Don't thank us, that's not a good idea. Item 22. Resolution
approving the Chief Procurement Officer's decision to reject the protest of
Hayden Enterprises, Inc., in connection with bids for the repair of piers and
baywalks for the Dinner Key Marina Phase Two Rehabilitation of piers, et
cetera.
Commissioner Plummer: What - where are you? What number?
Commissioner Alonso: Twenty-two.
Mayor Suarez: Item 22, and I'm trying, in the process to get the chambers
cleared and see If we can be attentive. We have an item that has to do with
the people with the nice little name tags and logos up here, which has - and
Albritton, where's Albritton, our chairman of the Waterfront Board? Is that
the Item that many of you are here for with the...
Unidentified Speaker: Yes.
Mayor Suarez: All right. Where did the culprit go? Where is Mr. Albritton,
as your champion? Anyhow, we'll be getting to that quick, I think. Mr.
Manager, please, what item is the one that has to do with the referendum
question on the nonprofit leases? Forty-four, is that what you're saying back
there?
Mr. Cesar Odio (City Manager): Forty-four.
Mayor Suarez: Forty-four. Oh, Lordy!
Commissioner Plummer: What is 44?
Mayor Suarez: All right. We're on item 22. We're halfway there, and we're
going to go through these quickly.
Commissioner Plummer: Hey, Jesse, they let you out of Georgia, huh?
Mayor Suarez: The former Secretary of State for the State of Florida here in
a compensatory capacity, I would guess.
EK 231
April 15, 1993
, , b ,tM
t
Mr. Odio: He should get paid overtime for this day, I tell you that.
Mayor Suarez: And with a hell of a haircut. All right, item 22, This is in
relation to a successful or proposed successful bid, and how does it work? —
Ms. Judy Carter: Yes, sir. This is a construction bid, so we're talking
about, unlike the RFP (Request for Proposals, we're talking about invitation
for bid, in which we're looking at the lowest, most responsible and responsive -
bidder.
Commissioner Plummer: Can I see a copy of the RFP, please?
Ms. Carter: It is bid, sir.
Mayor Suarez: And we have a protest by Mr. Weiss' client? i --
Commissioner Plummer: May I see a copy of the RFP or the bidding papers, the
invitation to bid? Can't tell the players without a program. OK. I can come
off of this board here. Mr. City Attorney... _-
Mayor Suarez: Ladies and gentlemen, I'm sorry. We've got a car that is now
about to be towed...
Commissioner Plummer: Good. —
Mayor Suarez: If it's not removed in the next five minutes. _
Commissioner Plummer: Good. —
Mayor Suarez: It's a Sable, Mercury Sable, with tag NEW13Z. So if you have a
Mercury Sable, NEW13Z, and you're not out here removing it, it's going to cost
you a lot of money. _
Commissioner Plw:rr:er: You can claim it at Molina Towing.
Mayor Suarez: Because we're going to be towing it. All right?
Commissioner Plummer: Mr. City Attorney, if I may, sir - or may not. -
Commissioner Dawkins: What item, Mr. Mayor?,` -
Mayor Suarez: Twenty-two. —
Commissioner Plummer: I am looking at here, that's blown up on the board, and
where it says licenses. "The bidder shall submit a copy of said certificate
of competency with their bid." I guess I should have read the whole thing.
"Licenses. As a prerequisite to the submission of the bid" - that's before --
the bid - "the bidder shall hold a valid certificate of competency in the
appropriate trade required for the work, ,issued by the appropriate examining
-- board of Metropolitan Dade County. The bidder shall submit a copy of said
certificate of competency with the bid." Mr. Manager, did Cone submit such a
certificate with their bid?
Ms. Carter: Yes, sir. Yes, sir. -
EK 232 April 15, 1993
i
t er,e
Commissioner Plummer: May I see it? that which they surrendered with their �
bid, that was issued by Metropolitan Dade County prior to the bids being bid.
Ms. Carter: I'm getting the certificate of registration.
Cannissioner Plummer: This is issued by the State of Florida, not by Dade
County.
Ms, Carter: For Dade County, yes, sir.
Commissioner Plummer: May I see - OK. When were the bids received?
Ms. Carter: March 5th.
Commissioner Plummer: March the 5th?
Ms. Carter: Correct.
Commissioner Plummer: The question here is, this says that the certificate
was issued. My question, again, was it surrendered with the bid?
Ms. Carter: Yes. Yes, it was.
Commissioner Plummer: May I see a copy of it?
Ms. Carter: Yes, we're getting it.
— Commissioner Plummer: Huh?
Ms. Carter: The certificate of registration.
Commissioner Plummer: Well, there's two points as I understand it here. It
would seem like they would cane prepared or should have come prepared. Here
again, understand me well. I am not saying, "Was 1t issued?" Was the
compliance there that they surrendered it at the same time they surrendered
the bid? That's the point I'm trying to make.
Ms. Carter: These two documents, sir.
Commissioner Plummer: They were surrendered with the bid?
Ms. Carter: Yes. The other one that you have...
Commissioner Plummer: I gave it back to you.
Ms. Carter: Oh, OK. And this one...
Commissioner Plummer: OK. Don't hold up for any - for me.
Ms. Carter: Oh, I thought you were...
Commissioner Plummer: I've asked the question originally that I wanted
answered, so don't hold up for me.
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■
233
April 15, 1993
Mr. Richard Weiss: Mr, Mayor, may I proceed?
Mayor Suarers Yes, go ahead, counsel.
Mr. Weiss: The beginning of my speech says, "Good morning, Commissioners."
Five after six, I'm sure that you're in the mood to hear another bid protest,
but this is an important item for a very significant member of our community,
and so I appreciate your time. For the record, my name is Richard Weiss, and
I'm here today representing Hayden Enterprises. Here today with me is James
Johnson; its president and its vice president are standing over there. Also,
in the back of the room sitting quietly all day are representatives of the
local trade unions who will be working on this job, and so they can stretch
their legs, and they've been here since 9:00 o'clock this morning. I'd like
them to stand up and thank them very much for being here, and they're all
members of the local unions who will be working on the job if we are...
Mr. Odio: Richard, I'm going to help you. They did a fantastic job 1n the
first pier, OK?
Mr. Weiss: They did. Thank you, sir.
Mr. Odio: OK.
Commissioner Plummer: Now did you help him?
Mr. Weiss: Because they did a good job in the first bid.
Mr. Odio: Because they did a good job, but that doesn't lower the price.
Commissioner Plummer: Oh, oh.
Mr. Weiss: We're going to use the same guys.
Mr. Odio: It doesn't lower the price.
Mr. Weiss: For the record, Hayden is an experienced marine contractor. They
did work for the City at Bayside, the Port of Miami, and has been in business
1n Miami for more than 22 years. Through an affiliated minority company,
Phase i of the Dinner Key restoration was done with the help of some of the
gentlemen in the back. For the record, that project was done on time, within
budget, and to the satisfaction of your staff. In this case, your staff has
recommended a Tampa company, a company out of Tampa, whose name 1s Cone. We
filed a bid protest under your Code...
Mayor Suarez: Richard, was there a five or a ten percent preference jiven to
your...
Mr. Weiss: There was not, Mr. Mayor, and that's the second issue. There's a
six percent difference between our bid and the low bid, and the staff did not
award us the local preference.
Commissioner Plummer: Even with the competency - with the...
EK 234 April 15, 1993
•
Mr. Weiss that is a decision for you to Make.
Mayor Suarez: Oh, I forgot that that somehow is still discretionary. I don't
know why. OK.
Mr. Weiss: It's discretionary under your Charter. The first reason that we
filed this protest 1s because we don't believe that Cone 1s a...
Commissioner Plummer: What? You should have said that on the record. Wait,
wait, wait. Something has got to be said here, because let me tell you
something, of all that I have read, we're not - we're not even in the ball
park, Rich - Mr. Weiss. Excuse me. Mr. Manager, please put on the record
what you just told me, because what you are saying, sir, doesn't make sense.
I mean, why are we even arguing?
Mr. Odio: According to FEMA (Federal Emergency Management Agency)
regulations, they will not refund the City for any work that is done paying
more money.
Mr. Weiss: That 1s not correct, Mr. Manager.
Mr. Odio: Well, that's...
Mr. Weiss: I have - the FEMA regulations state that as long...
Mr. Odio: Well, why don't you tell that to them?
Mr. Weiss: ... as long as you follow your local bidding procedures.
Mr. Odio: That's right.
Mr. Weiss: I serve as the City Attorney for four cities, and represent 25
other...
Mr.
Odio:
Richard, Richard, that's correct. We're
saying the same thing.
=
t—
Mr.
Weiss:
And the FEMA regulations say that they will pay for...
Mr.
Odio:
That's correct.
F-
Mr.
Weiss:
As long as you follow your bidding procedures...
; --
Mr.
Odio:
That is correct.
Mr.
Weiss:
... the local preference is in the City
of Miami City Charter, and
_�
that
is part of your bidding procedures.
Mr.
Odio:
Where is Ron?
Commissioner Plummer: Well, wait a minute, please.
May I get an answer, yes
or
no? Because if you are right, proceed. If he's
right..._
Mr.
Weiss:
Well, there's two issues, Mr. Plummer.i
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235
April 15, 1993
`—
Commissioner Plumbers Yeah, I understand, but I'd like...
Mr. Weiss: Even aside from the ten percent issue...
Commissioner Plummer: I'd like ...
Mr. Weiss: I believe that Cone's bid is not responsive.
Commissioner Plummer: I think we're entitled to an answer on that.
Mr. Odio: I see, I see. Now I've been corrected. The second issue is, this
is not a local company anyway.
Commissioner Plummer: Is what?
Mr. Odio: They are not local. This other company is not local anyway.
Mr. Weiss: that's the position of the staff.
Commissioner Plummer: That's - excuse me. That's what they're arguing. My
question is, if their argument is successful...
Mr. Odio: Then I have to get a ruling from FEMA on that. Because I've been
told that they would pay only the lower price.
Commissioner Plummer: OK. Then we don't know the answer.
Mr. Weiss: If I may proceed. We are protesting this bid - first, we don't
think you need to get to that issue, Commissioner Plummer. First of all, we
say that Cone is not a responsive bidder because they did not submit the
certificate of competency referred to in the bid documents. And second, even
if they are, your staff failed to award than over local preference. An issue
which came to my attention today, which I've discussed briefly with the City
Attorney is that the major subcontractor for Cone is a member of your City
Waterfront Board, and even if Cone is awarded this contract, I believe that
they need to waive - you need to waive that conflict by a four -fifths vote of
this Commission. So even if there - even if they get the contract, I'm not
sure they can do the work. Certificate of Competency. Under the...
Commissioner Plummer: Wait, wait, please. Mr. City Attorney, keep up with
him. Is he right or is he wrong?
A. Quinn Jones, III, Esq. (City Attorney': He's correct, yes. The
subcontractor would have to - I'm right here. I'm on top of it.
Commissioner Plummer: I want to cry. Go ahead.
Commissioner Alonso: What a day.
Mr. Weiss: Makes me want to shout.
Commissioner Plummer: It's crazy.
Commissioner Alonso: It's crazy.
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236 April 15, 1993
_
L
��ylf
Mr. Weiss: Under the Dade County Code under which you operate, there are
three ways that you can qualify to do business in Dade County. One is to
register your State of Florida Contractor's License; the second is to register
your State of Florida Electrical Contractor's License; and the third way is to
take a test through Metropolitan Dade County. One and two require about a
five minute process, after you have your State license. You go down to the
County and you register that license with the County. Three requires a longer
testing process. The bid documents that you issued require a certificate of
competency issued - I underline the word "issued" - by Metropolitan Dade
County. but Cone did not have a certificate of competency issued by Dade
County. Let me tell you what they had, Commissioner Plummer. They had a
registration under number one of their State license, and I have a copy of it
for you. This is a copy of what they submitted with their bid. It says,
State Contractor Certificate of Registration.
Commissioner Plummer: Mr. City...
Mr. Weiss: Then...
Commissioner Plummer: Hold on. Mr. City Attorney, yes or no?
Mr. Jones: Yes, or no, what?
Commissioner Plummer: Is he correct that they are not - this is not what was
required in the bid?
Mr. Jones: No, that's not correct. My understanding is that this particular
company had a State license, and all they were required to do was get a
registration from the County, OK? Which is what they submitted at proof of -
they were registered with the County. That's what has been conveyed to me.
Mr. Weiss: The City Attorney and I respectfully have a disagreement on this.
Your bid documents say not a registration issued by Dade County, but a
certificate of competency issued by Dade County. They are different.
Commissioner Plummer: Does the County issue a certificate of competency?
Mr. Jones: Yeah, 1t can. !
Commissioner Alonso: That 1s a valid certificate.
Ms. Carter: Let me add this as we're going along, sir. We have, in our !
possession a letter from the Secretary of the Construction Qualifying Board
for Dade County, and he has made it very clear to us that this is to confirm
that the attached registration of Cone Constructors, bearing Certificate of I
Competency Number CGCO16903, and issued March 3, 1993, is a valid certificate >=
of competency to perform as a general contractor in Dade County, Florida, In
accordance with Section 10-3 of the Dade County Code. We are bound by that
Code, Cone Constructors has adhered to that Code, and we, as the City of
Miami, cannot preempt that authority of the State and Dade County, with regard 1 -
to construction licenses. I;
7 u
i.
EK 237 April 15, 1993
i
Mr. Weisss You asked for something different in your bid. Commissioner
Plummer, you're very conscious of, quoting Father Gibson. You can read just
as well as everybody else. What your bid document said is, a prerequisite is
a certificate of competency issued by Dade County. You, as an owner, decided
that you wanted to have the certificate issued by Dade County. They are
different. First of all, the registration is contrary to the clear language,
and your bid document itself in another section says, "A certificate of
competency for Metropolitan Dade County is required." Bidders not already
approved by this Board may have difficulty because of time requirements. What
Cone did takes five minutes. Why would this warning have been placed in your
bid if the process only takes five minutes? The other thing I'd like to point
out is that I'm not alone in my interpretation. PCL 1s one of the most
respected contractors in this area. They have been in business since 1906.
This is what they wrote: "To Whom It May Concern: Our company is a State -
licensed general contractor registered to do business in Dade County. We have
extensive experience and all the qualifications to do the marina project.
Although we picked up bid documents on this project, we did not submit a bid
because of the fact that we did not technically comply with the Instructions
to Bidders Number 2," which is the one you've seen blown up, "which holds that
we have a valid certificate of competency issued by the appropriate examining
board of Metropolitan Dade County. We do have a State license. If that
requirement had not been in the bid documents, we would have been more than
happy to bid." I'm not making up this argument. This is one of the most
respected contractors in the area, that agrees with us. Your staff relies on
three things for their opinion. First, standard boiler plates since 1969,
this 1s the way we've always done it. First of all, you can read the language
as - the way as I did. That's not what it says. Second, we reviewed the 1969
language, and it's different from the language in your bid. The bid documents
-
are clear to us; they were clear to PCL, which is this company that didn't
bid; and I think they should be clear to you. Cone registered. They did not
get their certificate of competency. The second issue is that we believe the =
staff erred 1n not granting a local preference. This is an issue for you, the
Commission, to decide as a matter of fact. It is undisputed that our bid is
within ten percent of Cones. As a matter of fact, it's about six percent.
-�
Our primary office is in the City of Miami. First, let me state that the word
"primary" means "main office." It contemplates that we'll have other
-.
locations, but the question here is, where is Hayden's main office? The issue + __
is, for the record, Hayden's office is five minutes from here at 3025 Blain
Street, in Coconut Grove. Your staff is concerned that Hayden didn't have an +
-�
occupational license and didn't have appropriate zoning for having the office s
-
1n their house. For the record, whenever Hayden rented property on Bird Road i -
-
here in the City of Miami and in other places of a commercial nature, they had -
-
their occupational licenses. When Mr. Johnson moved his business to his home,
he didn't think he needed them. Since I've got involved, I've asked him to get
those licenses. But the issue is here, is not whether they had an =_
=�
occupational license under your charter. The issue is whether their primary
business was here. I could stand here and give you a stack of documents,
y
_
including their articles of incorporation, their corporate annual report,
—`
_
vehicle registration forms, IRS forms, letters from the Secretary of State,
all showing that Hayden's office is in the City of Miami, five blocks from
here. I have provided those documents for your staff, and I presume for the
record, Mr. City Attorney, they have been entered into the record, the bid
-�
protest documents? The staff, in a letter to me regarding my bid protest,
says that the documents in the file are inconsistent. I'd like to...
EK 238 April 159 1993
To answer his question on the record, procedurally, we did '
Mayo 5uare : the record the bid protest documents he's referring to?
introduce into
Mr. Jones: To the clerk?
Ms, Carter: They're part of the package.
Mr. Jones: Oh, OK.
Mr, Weiss: My complete package to you?
Ms. Carter: Your complete package to me?
Mr. Weiss: Yes,
• our protest letter.
Ms. Carter. No, only y p of all those
µr. Weiss: OK. Before I'm done, I'll give the Clerk a copy
documents.
The staff in a letter to me said the documinks theebestowaystonda i
Rather than having a whole stack of documents here, i t The
i t i s just to have people come and tell
you where
who Hayden's i presi president office of s Hayden
first one I'd like to ask is James
Construction. James. Mr. Mayor, i know it`s slightly unusual, but this is a
matter of some imports ace to this client, and i would request respectfully
that you have this gentleman sworn in by the clerk so this is On the record.
him
Mayor Suarez: We don't do that unless prescribedoby
ids do it as part know
Your
and know him to be truthful , and i supposey
questioning.
Mr. Weiss: I would feel more comfortable.
prohibit you from swearing him in
Mayor Suarez: I can t imaging that we
could
yourself.
and nothing
Mr. Weiss: Would you swear to tell the truth, the whole truth,
but the truth, so help you God, Mr. John
Mr. James Hayden Johnson, Jr.: I do. I always do. :Z
Mr. Weiss: Fine.
Mr. Johnson:
Mr. Mayor and COMMissioners, my name is James Hayden
d ressJwheren- '-
My
Jr. My company's name is Hayden Enterprise, Incorporated. prated - I
ace and my principal corporate Office for Hayde� Enterprise;
my principal reside ,
is at 3025 Blain Street. Over the yearst nContrn r',svexam andincorporated
started say company in Iime, took s generalI always had my office in my house,
In 1974. During that time, I was single.
i was 1 i kq a
because i did mostly work in the cement plants, and for industry,t
maintenance company. After this time, I had an office on Bird Road, which was f
in Stuart Storage Building for three years, end After such htime�tthe minoty
property 1n Coconut Grove and moved it there.
c any that i work with was taking most of the contracts » we just finishi~d
a�
k y,
239 April 15, 1993
EK
77
doing the People Mover System Downtown. Everything has always been, for
Hayden Enterprise, at my house, and anyone who knows me knows where they can
contact me from 6:00 in the morning until about 6:00 at night. At this point
_
- right now, this has become a real Issue with me, because Wally Lee and some of
the other ones have now, openly, right here at this Commission, have disputed
that and called me a liar, that this is not true. Now, I need him to prove
that it's not true, and it's - right now, I don't want to talk too much more,
-
but it's - all of you even know me. I've been here before. i
Mayor Suarez: I've not heard any words to that effect, that anybody called j
anybody here a liar.
-
Mr. Johnson: I just heard him about two minutes ago.
Mayor Suarez: Well, it certainly wasn't on the record. All right. But your
-
basic point is that your main principal office, your place of operation, is in
—
the City of Miami?
Mr. Odio: Well...
`=
_ Mr. Johnson: It always has been. When we did Bayside, then we did the cranes
at the Port of Miami. As my business grew, I had estimating offices that were
outside of my house where the estimators worked. That's what we had on Bird
1
Road, and that's what we had on West Trade. OK. Since that time...
—
Commissioner Plummer: Well, hold on. Here is a docurnant given to the by the
- Manager, and it says it is a document from the Dade County Tax Collector, and
i -
- it shows the license must be registered in the City where the work is to be
-
- done, and it shows Coconut Grove, right here, Mr. Manager.
Mr. Odio: That was for his work area.
J Commissioner Plummer: But 1t shows the license is issued in Coconut Grove
! --
there, sir, with a PO (post office) box number.
Mr. Wally Lee: PO box number, business location, Dade County.
-
Mr. Weiss: Commissioner Plummer, with all due respect, we can argue here all
-
= night about what the...
Mr. Odio: Excuse me, Richard. Richard, may I? May I, please?
-_ Mayor Suarez: Please, please, please. The question is directed at the
-_ Administration. What does it show for the principal place of business, or
"the" place of business?
,-
Mr. Odio: 4532 Southwest 71st Avenue. And we go - then there is a PO box in
-
Coconut Grove, but the main office is 4532 Southwest...
-° Commissioner Plummer: Read the wording alongside, Mr. Manager. The license—
must be what? Which says they're on Coconut Grove.
{
_
Mr. Odio: It says business main location, J. J. Shane, Incorporated, 4532
r
Southwest 72nd Avenue.
€_
EK 240 April 15, 1993
F R:
Commissioner Plummer! Now, now...
Mr. Johnson: That's true. That's J. J. Shane Incorporated's address.
Mr. Weiss: That's a different company, Mr. Manager.
Mr. Odio: Now, next to what --oh, what you're saying is...
Mr. Johnson: It's a different company.
Mr. Odio: ... municipal contractor's occupational license, Johnson, Hayden
James, Jr.; and then it says the license must be registered in the city where
work 1s to be done.
Mr. Plummer: That's right, and that's in Coconut Grove.
Mr. Odio: This was the license obtained for the work done here. Now, the
only thing I - if it's a local contractor, and he can prove it, it's fine.
But all - even in the telephone book, we have to go by this to make sure.
Mayor Suarez: In the what?
Mr. Odio: Even in the telephone book, the address shown is 4532 Southwest
71st Avenue,
Mr. Johnson: The...
Mr. Weiss: I have told you, Mr. ...
Mr. Odio: We're not calling anybody a liar. We're ,just telling you...
Mr. Weiss: I've told you, Mr. Mayor...
Mr. Woo. ... we got this document.
Mr. Weiss: I've told you, Mr. Mayor, that I can give you a stack of documents y-
showing the other address. Your staff has said it's inconsistent.
4:
Mr. Odio: A PO box.
Mr. Weiss: The man has... I'd like to call a couple of other witnesses, Mr.
Mayor.
Mr. Johnson: Just a second. This is J. J. Shane, Incorporated. This is the
minority company's address.
Mr. Weiss: It is a different company, Mr. Mayor.—
k,.
Mr. Johnson: Because whenever we incorporated J. J. Shane and had it a
minority company, we could not have the same location as the business. We
have the documentation from Milton Vickers, when we registered and formed the
company in 1988. We have all this right here. What he is reading, the first
phase, we did under J. J. Shane, Incorporated. This is a much larger job, -so
EK 241
April 15, 1993
i t,-
c Yw'.Y
it took the other company, which 1s Hayden Enterprise, the parent One, that
I've always had, to do the project.
Mr. Weiss: OK. Mr. Mayoro can I call another witness, please?
Mayor Suarez: I don't know why there's an issue of two companies. What is
the applicant company's name?
Mr. Weiss: Hayden Enterprises, Mr. Mayor.
Mayor Suarez: I really was directing that at staff. I'm sorry?
Ms. Carter: It's Hayden Enterprise, doing business at J. J. Shane Company.
It is not the same entity.
Mr. Weiss: OK. There are.
Mayor Suarez: All right. So...
Ms. Carter: It's not the same company.
Mr. Weiss: There are two.
Mayor Suarez: Counselor, it doesn't sound like it's as easy as he would like
to make it to separate the two.
Mr. Weiss: It is, Mr. Mayor, there are two J. J. Shanes. There is J. J. -
there is Hayden Enterprises d/b/a J. J. Shane Company, which is the one bid on
this project; and there is J. J. Shane, Incorporated, which is the minority
company that has the business out there...
Mayor Suarez: Well, if you expect a local preference - I don't know how this
item 1s going to go, James, but if you expect a local preference, 1n future
contracts that you bid, make sure that your principal place of business for
your corporation, the main one, the only one, the one we care about, 1s in the
City of Miami, and not a PO box with an address, in an area properly zoned for
it. I presume you can run certain businesses out of your home in Coconut
Grove, but can you run a full building contractor's business out of there?
Mr. Weiss: Mr. Mayor, I've...
Mr. Johnson: We already have the license for that.
Mr. Weiss: I've advised Mr. - once I started representing...
Mayor Suarez: Why, why does everybody answer with all kinds of different
answers?
Commissioner Alonso: No, he can't. Of course, he cannot.
Mayor Suarez: Isn't it self-evident that you cannot - and please, it's not
directed at counselor, and certainly not at the person who may be_ doing
Illegal activity. Mr. Williams, Mr. Manager, Mr. City Attorney, you van't
have a building contractor's operation out of your hone in Coconut Grove, tan
you?
EK
242
April 15, 1993
11
Mr. Johnson: The corporate office is there`
Mayor Suareit May I ask Mr. Williams+ Mr. Manager, Mr. City Attorney,
somebody?
Mr. Williams: That's Kind of a P&Z (Planning and Zoning) question -
think
don't
think so, Mr. Mayor.
Mr. Jones: Building and Zoning District.
Mayor Suarez: Right where he lives.
Commissioner Alonso: Residential?
Mr. Johnson: I have may license with it on it.
Mayor Suarez: He lives right here in the between 27th Avenue, between
Tigertail and U.S. I.
Mr. Jones: Wells you'dtshftzoning. It's not just as
simple as saying in
Mayor Suarez: All right. In a residentially zoned area, can you...
Commissioner Plummer: Where is the home occupation...
Commissioner Alonso: Well, can they check?
Mayor Suarez: I mean, I know you can have 25 percent of your space...
Commissioner Alonso: it's a simple question.
Mayor Suarez: I'm sorry?
Commissioner Alonso: c They 1a� It's as simple he bathe address, $ee if it's
residential or it's
Mayor Suarez: All right. Anyhow, Mr. ...
Mr. Weiss: We understand that there is a problem with the zoning, Mr. Mayor.
Commissioner Alonso: Is it properly zoned?
Mr. Weiss We've taken steps to change it.
Mayor Suarez: You want to have your principal place of business for
contracting in an area that's zoned appropriately - not a PO box - in the City
of Miami; not a partnership, a d/b/a, or anything else.. The principal
company - now you can have all the other d/b/a's you want, but we want to be
sure that you are, in fact, operating out of the City of Miami, and it doesn't
sound like you are, at least to me. So if it was up to me and it was some
discretion, I would not give the local preference, from what I've heard. No,
no, I don't - I don't have any more questions.
EK 243 April 15, 1993
110
- --
.a
,' 4 .
Mr. Weiss: If I could Cali My complete MY
presentation. OK. I'd like t0
call Marty Adelman, who's the president of
Adelman Steel, and it supplied
- James with steel over the years.
Mr. Marty Adelman: Good afternoon. My name
is Marty Adelman, and I'm at 8600
- Northwest 36th Avenue.
Mr. Weiss: Could you just tell the Commission
where you do business with
Hayden Enterprises and where their office is?
- Mr. Adelman: Their office 1s right up here
off of 27th Avenue, a little bit
south of Tigertail. I've picked up checks,
plans, negotiated contracts there
for the past 15 years.
Mr. Weiss: OK. Thank you, Marty. I'd like
to call Paul Neuron, from Shell
Lumber, who supplies James with certain supplies.
Is Paul still here? I know
— he was here all day. OK. Is Paul still
here? OK. And David Cobb, who
sells - has sold James insurance forever.
Mr. David Cobb: I'm old, but I'm not that old. My name 1s David Cobb. I
live at 16612 Hutchison Road, Odessa, Florida. I've been in the insurance
business for 39 years. 22 of those, I've had the privilege of handling Mr.
Johnson's insurance needs, and we have dealt through the address of 3025 Blain
Avenue, whose telephone number there is 858-2770.
Mr. Weiss: Have you met with Mr. Johnson there?
Mr. Cobb: Numerous times.
Mr. Weiss: Is that where you regularly would meet with Mr. Johnson.
Mr. Cobb: Or over at a public restaurant like where the Double Tree is.
Mr. Weiss: What does that
look like, where you go and meet Mr. Johnson. Do_
you go in the front door of
the house, or is there another door?
Mr. Cobb: There's another
door and there's a typical office setup, complete
`-
office setup.
'-
Mr. Weiss: Thank you.
Mayor Suarez: All right.
You know, I don't - I don't know the relevancy of
any of this. I mean, I - you want to...
Mr. Weiss: Mr. Mayor, it's
where his principal office is. The staff has said
�.
in their letter to me that
there's inconsistencies in the documents. I agree.
`=
I don't know how to prove
to you where somebody has their principal office,
other than to ask them to
come up, as a man in front of the public, swearing_—
someone in...
Mr. Odio: Richard....
Mr. Weiss: ... and having
people testify.
EK
244 April 15, 1993
t°
1<
Mr. Odio: You know, I hate to be put into the position to defend staff, but
we have...
Mr. Weiss: That's your job, I don't mind.
Mr. Odio: Right. You know, on March 5th, the license on Blain Street was
issued after, after this bid.
Mr. Weiss: Cesar, I am not arguing with you...
Mr. Odio: All right.
Mr. Weiss: That he didn't have an occupational license and the zoning is
wrong.
Mr. Odio: Well, you know...
Mr. Weiss: I started representing the gentleman.
Mr. Odio: ... he's a great guy, he's done good...
Mr. Weiss: I said, "Where is your stuff?" He said, I didn't think I'd need
It because I was operating out of my house.
Mr. Odio: You know, he...
Mr. Weiss: After that, he started to correct it. That's - I mean, that's it.
I admit it.
i
Mayor Suarez: This is one of these cases where the direct exam 1s helping
{-
more than the cross -exam could possibly help. I mean, you know, don't - don't
overdo it. All right. Anything further.
_
Mr. Weiss: OK. To me, it is clear that despite the inconsistencies in the
documents, nobody, nobody can say anything more than the documents are
t—
J
inconsistent. Mr. Johnson has gotten up and told you that that is where his
office is. His suppliers deal with him there. What more do you need to do to
j-
_=
have a primary office there? Mr. Mayor, you got a copy of a letter from the
AFL-CIO (American Federation of Labor and Congress of Industrial
—
Organizations) from Marty Ura, and I'd just like - he had to leave as well.
-
It says: "Of interest to the City, if Hayden gets the contract, my office
will be informing the participating trades that the marina restoration will be°
selected as a training site for our upcoming CIO Pick Program. Participants
will be from 600 slots, 80 percent minority goal, ten percent female, and the
rest Hispanic and black."
1
Mayor Suarez: This is all in the record and we'll make sure the letter's in
the record, but this is...
_
Mr. Weiss: It's not 1n the record, Mr. Mayor.
Mayor Suarez: We're making it part of the record, but - the letter received`
from the AFL-CIO, but this i really way beyond a protest.
EK 245 April 15, 1993
f
r
Mr. Weiss: Mr. Mayor, you know, with all due respect, I sat here from 12
o'clock while you gave Mr. Villalobos every courtesy in the world. I
certainty have extended them to you. We've had all these gentlemen here, and
I don't know why you keep...
Mayor Suarez: Richard, we had a contract of 20 years for a brand new
technology. We had seven, or eight, or ten companies, of which six, I think,
were protesting, and you're not being fair when you compare the two. I don't
know how long we've been at this particular protest, but we - I assure you,
we've been at it at least 30 minutes, it seems like to me. Maybe I'm wrong.
I mean, how, how can you - go ahead.
Mr. Weiss: In conclusion, I just want to tell you that first of all, I do
disagree respectfully with the staff on the issue. Your bid documents
required a certificate of competency issued by Dade County. I don't care what
the letter says. I can read the document. It says a registration, and a
registration is not a certificate. Secondly, the local preference - we're
only six percent above. Your local preference ordinance is meant to give
people like these jobs; not to have some contractor come in from out of town.
I think the gentleman has stood up before you before...
Mayor Suarez: It's a ten percent factor, local preference?
Mr. Weiss: Yes. And we're within six percent. The gentleman stood up in
front of you, in front of his friends, in front of his family and swore to you
that that's his - under perjury, under threat of perjury - that that's his
primary office, in the City of Miami, and 1n my book, that's good enough.
He's also had a bunch of people come up here who do business with him, who
have stayed around here all day, because it's a matter of personal integrity
for James, that people are challenging the fact that that's his principal
office, none of whom have ever been there. And why? Because he was confused
when he moved into his residence and he didn't think he'd need his licenses.
—; If you look back in the records, when he operated his business on Bird Road,
in the City of Miami, he had his occupational license. 0n Trade Avenue, in
commercial property, he had his occupational license. Until I started
representing him, he did not know that he needed these other licenses if he
operated out of his home, and if it wasn't for those two documents, the staff,
I truly believe, would have recommended that you gyve him the local, or told
you that the local preference was applicable. But for two documents, doesn't
make him not a local contractor. It doesn't deny all these people local jobs.
If I own a car and I lose the registration, and I can't prove it's my car, it
doesn't mean it's not my car. I'd ask you to, number one, grant our protest
and award the contract to Hayden Enterprise, and thank you.
Mayor Suarez: Is there any Commissioner that needs to and wants to inquire,
or needs to hear from, presumably, Mr. Gonzalez' client, which I gather is the
one recommended; is that correct?
Mr. Al Gonzalez: Yes, sir.
Mayor Suarez: What's the name of that entity?
Mr. Gonzalez: Cone Contractors.
EK 246 April 15, 1993
Ms. Carter: That would be Cone Constructors.
Mayor Suarez: Now, did somehow the requirements change from the first job
that apparently these folks did and that we're very happy with to the present J
bid, so that they, all of a sudden, are not meeting local requirements, et i
cetera, et cetera? 1
Mr. 01 What happened is the first one...
Mayor Suarez: We did that on an emergency basis or something? {
Mr. 0I We did that on an emergency basis. j
Mayor Suarez: Uh-huh.
i
Mr. 01 And here, we went on a regular bid process, and there's a
difference of 9.2 percent, which if they were local...
Mayor Suarez: So do you have any idea why counselor is referring to a six
percent difference? 9.2...
Mr. Odio: Our difference shows nine, which still qualifies, but, if he was a
local contractor.
Mayor Suarez: OK. Is there any issue - did I hear correctly - that there's
an issue raised as to the competency of the firm recommended, in terms of
their qualifications?
Ms. Carter: There is an issue there, but it is not a valid one, sir.
Mayor Suarez: OK.
Ms. Carter: We are bound by...
Mayor Suarez: Because the State law makes reference - I mean the RFP makes
reference to the governing board of the local - of Metropolitan Dade County,
and we deem that to mean 1f they have a state license and they register with
Dade County, that's sufficient.
Ms. Carter: Absolutely. Because we...
Mayor Suarez: So that's how we interpret that wording. Even though the
wording is susceptible of counsel's interpretation clearly.
Ms. Carter: It was never our intent to restrict any particular contractor who
was statewide certified from participating. We can't do that. If we did
that, we were in violation of Florida Statute 489, as well as Chapter 10-3.
Mayor Suarez: All right. As 1n the other matter that we handled today...
Commissioner Plummer:
there...
EK
Wait a minute, wait a minute. Can I - can I pursue
247
April 15, 1993
i
Mayor Suarett ... you know, we've got to be more sure that our wording in
RPP's reflects our intent more clearly.
Commissioner Plummer: Well, why, if that were to be the case - pull the other
document up, please, that one. If it's the State we can't prohibit, why did
you put 1n the RPP that it had to be by Metropolitan Dade County? Why didn't `
you just say the State of Florida? #
1
Ms. Carter: Well, the position taken by us, as well as the secretary of that
Board, 1s that he does have a certificate, a valid certificate of competency
from the Board, because the certification of the registration constitutes that
valid certificate of competency.
Commissioner Plummer: But they did not actually issue...
i
Ms. Carter: They were not specifically examined by the Construction
Qualifying Board. They were examined by the State. But the law, Florida
Statute also says that any statewide certified contractor cannot be subject or
subjected to any further examination, if they are certified at the State j
level.
s
Commissioner Plummer: Well, I have to tell you, in my opinion, the wording
there, where you have included Dade County is misleading, at best, OK? j
Because actually, if I were writing this, based on what you have just told me,
I would say, "appropriate examining board of the State of Florida," because
you're saying it can't be any other way differently from that, but yet, that's
what it is in this document.
Ms. Carter: Yes, consistent with the Dade County Chapter 10. I would agree
with you, and I have already shared with Public Works that providing that
additional Section 10-3 of the Dade County Code compliance would have "did the
do," so to speak.
Mayor Suarez: Counselor, do you want to very briefly address any of these
things, to the extent that...
i
Mr. Gonzalez: Yes, sir. I'll try to have the same five minutes as Mr.
Villalobos. MY name is Al Gonzalez. I'm an attorney with Adorno and Zeder... j
Mayor Suarez: I think you just set a new standard of what "five minutes" is,
Villalobos did.
Mr. Gonzalez: No, I assure, I'll be brief. I'm an attorney with Adorno and
Zeder, with offices at 2601 South Bayshore Drive. We're here on behalf of
Cone Contractors, the lowest responsive and responsible bidder. I'd like to
Introduce at this time an exhibit into the record that outlines our arguments
and has enclosed all of the exhibits that we will use to prove to you that we
are, in fact, responsive and responsible. We have provided each of you with a
copy by mail. And it is important to note that if we were talking about
money, this argument would be at an end. We are clearly over a quarter of a
million dollars cheaper than the objectors. Commissioner Plummer very wisely
has argued today that we need to conserve every City dollar. Well, this is a
chance to save a quarter of a million dollars, easily, with one vote.
Secondly, every single week that this marina is not restored, the City is
BK 248 April 15, 1993
1
t
losing $ OOD a week. Our opposition makes no argument about our '
qualifications. All this argument is detail, technicalities, interpretation
of language. Our company 1s a long-standing contractor in this area, has been
doing work since the 1900s, and is, in fact, doing work in Dade County right
at this minute, on Pelican Harbor, and is competent to do that work, and has a
certificate of competency from that same Board to do the work. Why are we
before you? Well, the bidder lost. It was a fair and competitive process,
and they lost, and this is the only chance they've got. They've made up --
arguments by twisting the wordings of your RFP which has been in use for many,
many years. I don't want to say 20, but 1t doesn't matter. It's been in use
for many years. They complied with the requirements, we complied with. the
requirements, we had no doubts about what it took to comply with that
requirement, but a little more about that in a second. Commissioner De Yurre
mentioned that you have an expert staff that he has total confidence in.
Well, in this case, your staff, went ahead and recommended Cone Contractors to
you. They filed an objection. --
1-
Mayor Suarez: That's like the "Villalobos five minutes." To say "total
confidence"...
Mr. Gonzalez: They filed an objection, and your staff went ahead and looked
at this, at every single issue here, a second time. They took testimony from
the objectors, they took testimony from us, they talked to Dade County, they
researched the law ten times over, and they're still recommending Cone
Contractors to you. Why? Because we are a responsive and responsible bidder,
and we're the lowest bidder. We're going to be a quarter of a million dollars i
cheaper to you. '
Mayor Suarez: Why did you say a quarter of a million? What's the total
contract amount? i
Mr. Ddio: The difference is $258,000.
Mr. Gonzalez: Right.
Mayor Suarez: What's the total contract amount? By the figures he's given,
-j the total contract amount would be very, very close to $3,000,000 then.
Mr. Odio: $2,875,430.
-� Mayor Suarez: I didn't know it was that high. OK, that answers it.
Mr. Gonzalez: The staff has looked at this thoroughly, and they recommend us
categorically, for a second time. Now, let's address the issue of whether, in
fact, we have a certificate of competency or we don't. We have absolutely
complied with that requirement, submitted 1t with our bid on time, no -
_j confusion, not after the fact actions like we've heard from the other side.
We submitted it on - our bid - on time. That document has a CCN (Certificate
of Competency Number) number right on it. That is the certificate of
competency. This is the only number that is issued by Dade County. It is the
only letter issued by Dade County to a State certified contractor. -
Mayor Suarez: Counselor.
3
EK 249 April 15, 1993
{
4
KG,
06
Mr. Gonzalez: Yes, sir.
Mayor Suarez: I don't know if you've looked up here lately, but this
Commission, I think, has heard more than enough on this issue. You can go on
as long as you want, but is there any Commissioner that needs to hear more
about this issue?
Mr. Gonzalez: Not very long, sirs but there was question as to the wording of
the RPP, and I don't think there's any question at ail...
Mayor Suarez: Well, it's not the best wording in the world, but you can't
change that with your argument.
Mr. Gonzalez: I agree, but it does not call for licenses...
Mayor Suarez: And now, you don't even have a microphone. You're overdoing
it. Somebody suggest to him that he's overdoing it, folks,
Mr. Gonzalez: I've memorized the language.
Mayor Suarez: Luis Rojas, somebody who's been around and knows the ropes
here. I mean, unless I'm missing something, please, Commissioners. I mean,
we've had every possible challenge. Mr. Weiss made one of the most able
arguments I've ever heard, with a very difficult case.
Mr. Gonzalez: I don't have any more on that point, sir.
Mayor Suarez: Do we need to hear any more of this?
Commissioner Plummer: Mr. Mayor, I have one point, and I've got to govern
myself accordingly. Mr. City Attorney, again, I go back to that which is
referred to as licenses. Are you saying, sir, that in your opinion, they met
the requirements or they did not?
Mayor Suarez: "Theysm being the lowest bidder recommended party?
=i Commissioner Plummer: Yes.
Mayor Suarez: Just to clarify the record.
Commissioner Plummer: Yes. Did Cone meet the requirements under the RFP?
That's all I'm asking you.
Mr. Jones: Commissioner, what has been conveyed to me by staff, in terms of
what the industry standard is as to what constitutes a certificate of
competency, coupled with the letter, which on its face, from the secretary of
the Board, you'd have to conclude that they have, as the Board secretary has
indicated, that they have a valid certificate of competency. And again, Ms.
Carter has explicitly and very well laid out to you what the Florida State
statute is, insofar as State certification. Valid or not, perhaps it's not
the best language or whatever, but I've been told, and 1t has been explained
to me by the Administration, these people who work with these projects on a
constant basis, it's a common understanding within the industry what that
means.
EK 250 April 15, 1993
H
4•
Commissioner Plummer: that's not my question, sir. I'm asking you, as a
legal authority, and the City Attorney of the City of Miami, sir, in your
opinion...
Mr. Jones: Based on what I have reviewed...
Commissioner Plummer: Did they meet the requirements as required under Number
21 referred to as "license"?
Mr. Jones: What has been - what I have reviewed and what has been conveyed to
me, yes, they have met that prerequisite.
Mayor Suarez: Is there any indication that 1f his - Cone, I guess is the name
of the company - were to get the contract, that somehow, these people that are
out here and the AFL-CIO is pushing for would somehow not be involved? I
mean, 1s there any reason why they would be? Is one company union and the
other one nonunion or something; is that what we're dealing with here?
Mr. Gonzalez: As a matter of fact, we're using almost identical subs.
Mr. Weiss: They are nonunion.
Mayor Suarez: Well, I hope - I would hope that - I was thinking that was
going to happen - that if we were to reject a protest, that you would very
much want to work with a lot of the same folks...
Mr. Gonzalez: Absolutely.
Mayor Suarez: ... that did the first part and presumably are represented
here?
Mr. Gonzalez: Absolutely.
Mayor Suarez: All right.
Mr. Carter: They've got to.
i
Mr. Odio: Mr. Mayor, Mr. Mayor, on their proposal, they're using the same...
Mayor Suarez: I don't know if we can make it a requirement, but we can try to
help, folks.
Mr. Gonzalez: Yes, no problem.
Mr. Odio: They're using the same electrical and the same plumbing
contractors, subs.
Mayor Suarez: But I don't - see, I don't know if they're, the people that are
here...
- I
Mr. Odio: According to this...
= I
i
EK 251 1 Apr1 15, 1993
' 4 % k+c y.� •;
Mayor Suarez: so. the AFL-CIO people are electrical and plumbing, All right.
Anything further, Commissioners? Any questions? If not, I'll entertain a
motion on the item before us...
Mr. Weiss: Excuse me, Mr. Mayor. I'd like a moment of rebuttal.
Mayor Suarez: My God, this is that kind of a day. All right, Mr. Weiss.
Mr. Weiss: Thank you. You know, for the record, the bid - first of all, for
the record, my numbers are $2,875,430 and $3,038,945. Those are the numbers I
got from Mr. Palms of the City staff, and it's about six percent, number one.
Number two 1s, Commissioner Plummer, I think I'm right on this legal argument,
but there's two ways that you award the contract to this very good local
bidder. One is, you say the other bid is not responsive. Second, you should
give him his local preference, which he is entitled to. In order not to give
him his local preference, you have to say he's lying, and he's not. And he's
not.
Commissioner Plummer: You have to what?
Mayor Suarez: All right. Anything further, Commissioners?
Mr. Weiss: So I'd ask you to award - for a motion to move - award the
contract.
Mayor Suarez: All right. Mr. Gonzalez-Goenaga, please. This 1s not an item
that concerns you. This is not an item for public input. We've got a protest
by an individual, it's been heard, and the Commission is going to decide.
Mr. Gonzalez-Goenaga: Well, but it's supposed to. I have an opportunity as a
citizen, according to the - it's a resolution...
Mayor Suarez: I don't understand it that way, so please have a seat, sir.
And we're going to get to some of these other items that people are here
=k waiting for.
J Mr. Gonzalez-Goenaga: Yeah, but I only talk half a minute. These things are
getting "curioser and curioser"...
Mayor Suarez: Have a seat. Mr. Gonzalez-Goenaga, sir, you can be as curious
as you want...
Mr. Gonzalez-Goenaga: ... every time.
Mayor Suarez: ... but not on our time. All right. Anything further,
Commissioners?
Commissioner Alonso: I will move to reject...
Mayor Suarez: The protest?
Commissioner Alonso: ... the protest, on the basis of the recommendation of
the Chief Procurement Officer.
EK 252 April 15, 1993
s
Mayor Suare2: So moved. Do we have a second? If not, I'll second.
Vice Mayor De Yurre: We have a motion and a second. Any further discussion?
Commissioner Plummer: I - we have to either accept, reject, or throw out?
Mr. Weiss: Is that based, Commissioner, on the local preference?
Vice Mayor De Yurre: Richard, Richard...
Commissioner Alonso: On the basis of what we have in front of us, the
recommendation of the,..
Mr. Weiss: They made no decision - they said, Commissioner, in the documents
that the Issue of local...
Vice Mayor De Yurre: Richard Weiss...
Mr. Weiss: Victor De Yurre...
Vice Mayor De Yurre: Richard Weiss.
Mr. Weiss: It's up to you.
Vice Mayor De Yurre: Okay. Now...
Commissioner Plummer: Well, you see, I - to - are you saying accept or
reject? I could vote to throw it out and start it over.
Commissioner Alonso: To reject...
Commissioner Plummer: That, I could accept.
Mr. Odio: We have an empty marina here. We need to get this marina back
in...
Commissioner Plummer: Well, I agree with you, Mr. Manager. You know, I've
t d b i ith
taken a lot of heat around here from time and time again. o o us mess w
local people. That is not my question here. My whole question here was on {{
the validity of the wording put forth in the RFP,
and it, to me, is i
s
misleading; more so by the fact that this other company,
whoever they are, big
or small, did not bid because of that wording, which means we lost a major
company who may or may not have bid on this.
:1
Mr. Gonzalez: Commissioner Plummer, are we still open
here? Can we say a
couple things?
Vice Mayor De Yurre: The public...
Mr. Gonzalez: Real quick?
—
Vice Mayor De Yurre: The public hearing is closed.
Mr. Gonzalez: OK.
—
EK 253
April 15, 1993
Commissioner Plumper: If I vote for the upholding of the protest, then I
can't vote to throw them all out, can I?
Commissioner Dawkins: You Can make a substitute motion.
Mr. Jones: On a second vote, yes.
Ms. Carter: On a second vote, you can.
Mr. Jones: On a second vote, you can.
Commissioner Plummer: I'm sorry?
Commissioner Alonso: On the second item...
Mr. Jones: On the next, on the corresponding item, you can...
Commissioner Plummer: I can vote...
Mr. Jones: ... to throw it out.
Commissioner Plummer: ... no here...
Ms. Carter: Right.
Mr. Jones: And the on the corresponding item which follows, which is the...
Commissioner Plummer: All right, all right, OK.
o Commissioner
Dawkins:
Whoa. What are
we doing now?
Commissioner
Alonso:
To uphold the...
Commissioner
Plummer:
You maybe understand
it better than
I do.
Commissioner
Alonso:
... the recommendation
of the Chief'Procurement
Officer.
Commissioner
Dawkins:
OK. That's OK.
I'll follow J.L.'s
lead, and then I'll
do what...
Mr. Williams: And then the next -then
the next item will
be to actually make
�-
an award...
-
1
Commissioner
Plummer:
So how long is
it going to take to
rebid?
_
4-
= Commissioner
Alonso:
Make a decision
on award or not.
Mr. Williams:
... on
that item.
t
Vice Mayor De
Yurre:
OK. This deals
strictly with the protest.AL
f
EK
254
April IS, 1993
Commissioner Alonso: Yes. That's right.
vice Mayor De Yurre: OK. And the motion is to...
Commissioner Alonso: To uphold the decision of the Chief Procurement...
Vice Mayor De Yurres To reject the proposal to reject the protest.
Commissioner Alonso: Exactly, exactly, yes.
Vice Mayor De Yurre: OK. We have a motion and second to reject the protest.
Commissioner Plummer: Now, if I vote no, can I vote yes 1n - wait a minute.
If I vote yes now, can I vote now in the next one?
Vice Mayor De Yurre: No further discussion?
Commissioner Dawkins: Yes, one further discussion.
Vice Mayor De Yurre: One further discussion, OK.
Commissioner Dawkins: Mr. City Attorney, I can vote to deny the protest and
come back, and if a motion is made, to throw them all out and start over, for
which reasons I would state at that time; 1s that legal?
Mr. Jones: That's the - yeah. That's your corresponding item that follows...
Commissioner Dawkins: Thank you, no further questions.
Mr. Jones: ... which is the award.
Commissioner Plummer: So I would be voting...
Vice Mayor De Yurre: Or you can still vote to uphold the protest, and still
throw everything out on the next item.
Commissioner Dawkins: Either way, I'm going to try to throw it out.
i Commissioner Plummer: I can vote yes now and no later?
,j Ms. Carter: When you do that, then you...
l Commissioner Dawkins: It doesn't matter.
i
Vice Mayor De Yurre: OK. If there's no further discussion, call the roll,
_( please.
Crwissioner Alonso: Separate issues.
Commissioner Plummer: Yeah, but I can vote yes to uphold and no on the award?
—( Commissioner Alonso: That's right.
�i Commissioner Plummer: OK. Then I'm clear. OK. OK, go ahead, call the roll.
EK 255 April 15, 1993
---- -----1-.; ...
� �S
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-251
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF HAYDEN ENTERPRISES,
INC. (HAYDEN)* IN CONNECTION WITH BIDS FOR THE REPAIR
OF PIERS AND BAYWALKS FOR THE DINNER KEY MARINA
RESTORATON - PHASE II REHABILITATION OF PIERS AND
BAYWALK H-1008, AS IT HAS BEEN DETERMINED TO BE
WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote: _
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I vote yes on the upholding of the rejection of the
protest.
32. (A) REJECT ALL BIDS RECEIVED FOR DINNER KEY MARINA RESTORATION - PHASE —
II REHABILITATION OF PIERS AND BAYWALK H-10089 DAMAGED OR DESTROYED BY _
HURRICANE ANDREW -- FUNDS TO BE REIMBURSED FROM PENDING INSURANCE
CLAIMS, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), AND ALLOCATED FROM
CIP 414501 AND 414005.
(B) DIRECTIVE: VICE MAYOR DE YURRE DIRECTS CITY ATTORNEY TO PREPARE LEGAL
OPINION AS TO WHETHER THE CITY COULD, IN THE FUTURE, NEGOTIATE WITH A
BIDDING COMPANY THAT COMES IN SECOND, TO TRY TO LOWER THEIR BID BY 10%, }
WHICH WOULD EQUAL THE LOCAL PREFERENCE AID EXTENDED TO LOCAL BIDDERS.
s.
3 =
------------------------ -------------------------------_-------------�_�a� # -
Mayor Suarez: All right. Do we have a motion then on the next item, which I # —
believe is then Item 23, accepting the bid of Cone Contractors, Inc., or the
opposing motion or the opposite intended motion, which would be to reject all
bids. t
Commissioner Dawkins: Mr. Mayor, I would offer a motion to reject the bids
and start over, and spell out in the new RFP that more so over local
preference will be the employment of local residents. It's about time that we
put some of our people in the City who need to work, so that they can go to
Pub11x, just like everybody else. So I would move that we throw them out and
start over, in an effort to get some more local people employed, and I
couldn't care less about the Administration telling me about how great this is
and how much of a hurry this is, because the hurricane hit here August 24th,
and you have not been in a hurry since then, and I don't see why I have to be
in a hurry overnight here.
Vice Mayor De Yurre: Can I ask a question, Miller? Can that be made...
Commissioner Alonso: Do we request from this company to hire local people?
Is it acceptable that we do it and ask this of them...
Commissioner Plummer: You can't mandate it.
A. Quinn Jones, III, Esq. (City Attorney): You can include that within
your...
Commissioner Alonso: ... and get them to guarantee?
Commissioner Plummer: You can ask them.
Mr. Al Gonzalez: Absolutely. OK, it's already in the record.
Mayor Suarez: Please, counselor.
Commissioner Alonso: OK. Would you state it on the record that, so that we
know your intentions.
Mayor Suarez: Madam Commissioner, Miriam Alonso, Commissioner De Yurre was
requesting to speak. Do you yield to the Commissioner to complete her
inquiry?
Commissioner Alonso: I did.
Vice Mayor De Yurre: Basically, I had the same comment that she had; whether
we could go and enforce, if this were to be awarded, to force the company to
come 1n and have local bids.
Mayor Suarez: Wall, what - and this is really directed at staff; not at than.
They might say all kinds of...
Mr. Jim Kay: The answer 1s yes. { U
F -
-` Vice Mayor De Yurre: Now, I have another question that has to deal with this `—
ten percent preference for local business. Are we in a position to say then '`f=
that we can go and pay an extra ten percent to a company that comes in second
or whatever, or are we in a position to go to that company that's in second -
place, within that ten percent, and say, are you willing to lower your bid to
equal the award? —
,3
1 EK 257 April 15, 1993
I
a
Mayor Suarett That's a very good question.
Commissioner Plummer: I don't think..,
Mr. Jones: No,
Commissioner Plummer: I don't think we can.
Commissioner Alonsot I don't think either, but...
Mr. Jones: It's illegal.
Vice Mayor De Yurre: Ruh?
Mr. Jones: It's illegal.
Vice Mayor De Yurre: Well, is it illegal? Are you sure it's illegal?
Mr. Jones: I'm positive, yes.
Commissioner Alonso: That's a good question, but I guess we can't.
Mayor Suarez: That really strange, you know, and illogical, because if you
can go to the company that has a higher bid and costs you more, you would
think you would be able to go to that same company that you're awarding the
contract to and say, by the way, we want you to do it for what the other
guys...
Mr. Jones: Well, that defeats the whole purpose of having competitive
bidding. I mean...
Commissioner Alonso: Exactly.
Commissioner Plummer: Yeah.
Commissioner Alonso: It's a benefit to them.
Commissioner Plummer: Then it's not competitive.
Vice Mayor De Yurre: Excuse me, excuse me.
Mayor Suarez: That's illogical, counselor, I hate to tell you but...
Vice Mayor De Yurre: Can you check - if I can address this to the City
Attorney's Office. Mr. Jones, I was reading an invitation to bid in the
County last night, and there, what I read pretty much allowed them to do that.
Mr. Jones: Commissioner, certainly, you can...
Vice Mayor De Yurre: No, listen, listen to me. Can you give me an opinion?
Write me a memo to that effect.
Mr. Jones: A memo to what effect?
EK 258 April 15, 1993
3
Vice Mayor De Yurre: To the - have you been with us?
Mr. Jones: Yes, I'm with you., I'm saying...
Vice Mayor De Yurre: Whether...
Mr. Jones: Be..
Vice Mayor De Yurre: Listen to me.
Mr. Jones: Be specific.
Vice Mayor De Yurre: Listen, listen, listen to me. Whether we are in a
position to have a company that comes, for example, in second place that is a
local company, that we would give them that local preference of that ten
percent, which normally, since I've been here, what we do is, we're willing to
pay up to ten percent more, because of that local preference. But are we
legally in a position to say to that company that's in second place, because
you are a local company, we're going to award this contract to you...
Commissioner Plummer: That's not a contention. That's not a contention.
Vice Mayor D€ Yurre: ... but you have to come and lower your price, if you're
within that ten percent to the number one.
Commissioner Plummer: You can offer it, but I don't see it.
Mr. Jones: I'll write you a memo, but I stand firm on my opinion.
Vice Mayor De Yurre: That's fine, that's fine. I just want it for the
record.
Commissioner Plummer: Well, actually, aren't you really, in effect, defeating
competitive bidding when you do that?
Mr. Jones: That's just what I indicated on the record, which the Mayor says
was illogical, and there's nothing illogical about 1t to me.
Mayor Suarez: Because I think it's illogical, counselor, and you're not going
to convince me that it's logical but...
Mr. Jones: Well, we disagree, but...
Mayor Suarez: Wait, wait, wait, we're not going to argue about it. We've got
people waiting on other matters. He's asking for a legal opinion from you...
Mr. Jones: And I gave a legal opinion, sir.
Mayor Suarez: And he wants it in writing, sir. Give it to him in writing
on...
Mr. Jones: And I'll give it to him in writing, as I indicated.
E.K• 259 April 15, 1993
'
} rt
Mayor Suarez: ... on another day. Now, whether it's staff, or the City
_ Attorney, or the City Clerk, or anyone else, folks, we're going to get through
as much of this agenda as we possibly can. We've got 150 people out there on
item 441 1 believe it is. We've got many people on Planning and Zoning agenda
items, and I am not disposed today to have any more interruptions of the order
of the day, whether it's from our staff or anyone else. Now, please give the
Commissioner his legal memo that he wants on that issue with whatever opinion
you deem is appropriate, Mr. City Attorney. Now, on the matter at hand, we
need a motion one way or the other. I think you were getting ready to make a
motion to...
Commissioner Dawkins: I moved a motion and it died for lack of a second.
Mayor Suarez: Well, we didn't call it three times. We have a motion to throw
out ail bids. In this case, is it seconded? Do we have a second for that
motion?
Commissioner Plummer: Well, I'll second it for discussion.
Mayor Suarez: God, I was hoping that wouldn't happen. All right, seconded
for discussion.
Commissioner Plummer: Mr. - where is Wally? He left? Well you can ask him
for me. PCL. In your opinion, are they a major company?
Mr. Jim Kay: To be honest with you, I've never - the City has never done
business with them, that I'm aware of, I don't know.
Commissioner Plummer: So you're not aware of the firm?
Mr. Kay: No, sir, I'm not.
Commissioner Plummer: All right. Another question. Mr. City Manager, if it
is - the bids are thrown out, how long, how soon or how quickly could you
rebid?
Mr. Cesar Odio (City Manager): Ninety days. You're talking about going
through the summer without any marina here. That's what you're talking about.
There's no way we can go back and advertise and go through the whole process
and be back here before the recess, even.
Mr. Richard Weiss: Mr. Mayor, for the record, we will donate the difference
back to the City between the two bids.
f
Mayor Suarez: Please, please, please. We don't want any donations today. We i
want to get over this item and go to the next item, that's what we want. All
right. Any other questions, Commissioner? If not, I'll entertain a motion to
award the contract. And by the way, there is a - apparently, a building
proviso, if it passes, that you must...
Mr. Weiss: Is there a motion on the floor?
Commissioner Dawkins: Whoa, there's a motion on the floor.
E.K. 260 April 15, 1993
Mayor Suarez: All right, I'm sorry. Where's still a motion, you're right.
Commissioner Dawkins: There's a motion on the floor which was seconded by -_
Commissioner Plummer. Now, let's vote it up or down.
Mayor Suarez: OK. Is the - you're 100 percent right. On the motion before F-
us, do you still second?
Commissioner Plummer: I seconded the motion for discussion.
Mayor Suarez: All right. Call the roll on that motion, then.
The following resolution was introduced by Commissioner Dawkins, who
moved Its adoption:
RESOLUTION NO. 93-252 -
A RESOLUTION REJECTING ALL BIDS IN CONNECTION WITH THE
DINNER KEY MARINA RESTORATION - PHASE I REHABILITATION
OF PIERS AND BAYWALK PROJECT, SAID PROPERTY DAMAGE OR
DESTRUCTION WHICH RESULTED FROM HURRICANE ANDREW;
FURTHER DIRECTING THE ADMINISTRAYION TO PREPARE A NEW I
REQUEST FOR PROPOSALS (RFP), SPELLING OUT IN SAID RFP -_
THE INCLUSION OF LOCAL PREFERENCE FOR CITY RESIDENTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) -
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Commissioner Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: All right, all bids are rejected. Item 20 - oh, I'm sorry.
Commissioner Alonso: Now, have we instructed the Administration to start all
over again?
Commissioner Plummer: Mr. City Manager, I sure hope that when this is
rebidded, that in fact, sir, that the language would be clear.
Commissioner Alonso: We should start writing instead of going back and forth.
This is a nightmare.
Mayor Suarez: Now, on item 44, 1 want to ask a question. I don't want a
anybody to assume that we're taking the item out of turn. I just want to ask
a question.
E.K. 261 April 15, 1993
f
i
Mayor Suarez: All right?
Commissioner Alonso: Mr. Mayor, may I inquire?
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: Mr. City Manager, when do you think you would be able to
two back to us?
Mr. Odio: In September.
Commissioner Alonso: September?
Commissioner Plummer: Well, I - let me say this. i don't agree with that.
Mr. Odio: That's all we - we have to go...
Commissioner Plummer: I think...
Mr. Odio: We have to advertise again...
Commissioner Plummer: Mr. Manager...
Mayor Suarez: Sounds like a long time, Mr. Manager.
Commissioner Plummer: I want to tell you something. I honestly and
truthfully believe, Mr. Manager, that this matter can be done in 30 to 45
days. I have seen bidding procedures around here before that take less time.
Mr. Kay: Commissioner, we've got to change our bid documents and everything
now, and, you know...
Commissioner Plummer: What do you mean change them, sir?
Mr. Kay: You gave us instructions to make some changes in the bid documents.
They will have to be all reprinted for the second bidding on...
Commissioner Plummer: The only document that I asked for, sir...
Mayor Suarez: I think the only issue was, Jim, the wording that called for
the local governing board to be the one that licenses, and all we would want
is the appropriate entity...
Commissioner Plummer: And I can type that up, Jim, in five minutes.
Mr. Kay: Well, we're going to have to get with the law department and with
the Chief Procurement Officer this time.
E.K. 262 April 15, 1993
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33. DIRECT ADMINISTRATION TO WORK WITH WATERFRONT BOARD IN CONNECTION WITH
THE PLACING OF A CHARTER AMENDMENT ON THE BALLOT CONCERNING EXTENSION OF
LEASES ON CITY WATERFRONT PROPERTY PRESENTLY OCCUPIED BY NON-PROFIT
ORGANIZATIONS, AND/OR WATER -RELATED ORGANIZATIONS WHICH HAVE SHOWN THEY
PROVIDE A VALUABLE SERVICE TO THE COMMUNITY.
...-a-----------------------------------------------------------------------
Mayor Suarez: OK. Ladies and gentlemen...
Commissioner Plummer: Are we going to 44?
Mayor Suarez: ... on item 44, I want to ask a preliminary procedural question
to see if we can resolve something. I don't understand why this item - I
can't conceive, rather, that this item would be controversial, but is there
anyone here in this chamber or outside - I'm told there's as many as 150
people outside on this item; is that correct, Jack?
Mr. Jack Luft: Uh-huh.
Commissioner Alonso: For which one? For the - 24?
Unidentified Speaker: Maybe more, maybe more.
Mayor Suarez: Maybe more, they say. Al right. Is there anyone that is
opposed to having what the Waterfront Board 1s proposing, which I gather 1s to
have a referendum question to be approved and to be placed on the ballot,
approved or disapproved, in November, which would allow for non-profit
entities to carry on their existing lease activities on certain areas of the
City - is it just Watson Island, or is 1t more than that? Is there anyone
that is here to be heard against putting this on the ballot? Not against...
Commissioner Plummer: Mr. Mayor, let me just express my view. I have no
problem of putting that on the ballot, as long as it is solely for nonprofit, _
—,_ and the wording is "may"; it is not "shall." It is "may," OK?
_j Mayor Suarez: wMay," meaning what?
Commissioner Plummer: "May," meaning that the Commission can make a decision j
as to whether they want to negotiate it or they don't want to negotiate it, }
OK? So in other words, if this charter amendment passes, and if something
comes back here, it would be within the latitude of this Commission to say,
"OK, we may do it," or "We don't want to do it."
Mayor Suarez: It's like a waiver provision where the option to waive is ours?
Commissioner Plummer: That is correct, but it only gives those that are
nonprofit, performing a service for the community. _
Mayor Suarez: OK. You just said something interesting. Frank, as chairman =_
of the Waterfront Board, have you considered what you mean generally by
"nonprofit"? I mean, there are nonprofits and nonprofits. There are
E.K. 263 April 15, 1993
nonprofits that do a totally profitable venture, but they are structured as a
50, C-3 or any one of the other codes, but really, they're not doing the
quasi -governmental activities that we associate with an entity that we don't
want to place any additional obligations on, and we don't want to charge any
undue amount of rent, et cetera. I mean - well, how did you word it? You
said nonprofit, performing a...
Commissioner Plummer: Well, you know, a community service, that's what's
stated here.
t� Mayor Suarez: ..o a community service.
Commissioner Plummer: You know, somewhere, we better put some things on the
record that I'm hearing over here, so it is understood by all and so that I
don't go away from here thinking one thing. This will not help the present
Outboard Club or the Yacht Club. They don't have a lease, so it's not a
matter of extending their lease, OK? And I think that's got to be understood,
that that is, 1n fact, the case as it stands today. Mr. City Attorney, is
that correct?
A. Quinn Jones, III, Esq. (City Attorney): That's correct. The other thing
you should be concerned with is that the Administration has advised me, and of
course, you know over the years that there was an attempt to amend 29-B, and
of course, invariably, project after project, we run into problems with the
language as presently - as it's presently constituted. I've been - the
Administration has informed me that they're in the process of proposing
changes that would make this more favorable and of course, wouldn't be an
obstacle for many projects that we have that come before us that have some
requirements that are what we deem stumbling blocks, to make it more flexible,
in terms of the use of the property. So I would only - I only say that to say
to you that I would suggest that until the Administration comes with the
comprehensive changes that they want to see done, that this not be considered
until such time.
Mayor Suarez: Do we now have to get the process rolling by having at least a
favorable resolution at this point? Is that what you're asking us to do
today? Is that what the Waterfront Board is asking us to do?
Ms. Cristina Cuevas: I think the Waterfront Board is asking, and I think
we're asking for an indication of what you want, a direction.
Mayor Suarez: But I mean, if we - we're not even hearing you, because you're
not close enough to the mike, but do we not start these things by having at
least a favorable vote of the Commission to the general concept, then it comes
back to us for the final wording, et cetera?
Ms. Cuevas: Yes.
Mr. Jones: No, you have - no. What you have is, you have a resolution
directing me to prepare the language, and then bringing it back with an
ordinance. What I'm telling you is that you have more problems than just this
one - this one - this language that the Waterfront Board wants you to put on
the ballot. You have some very serious concerns which you're confronted with,
you know, meetings after meetings, that the Administration is attempting to
address, so that you can do a comprehensive change of this charter provision.
E.K. 264 April 15, 1993
i
This Commission has instructed us to rewrite this.
Mayor Suarez: I don't see how it's any different, what they're saying, from
what you're saying, but let's - maybe you can shed some light, Frank.
I'm speaking in Swahili.
Mr. Frank Albritton: Mr. Mayor, members of the City Commission, City Manager,
we are here today, basically, what we've heard is try to propose a concept; a
concept to the change of the existing ordinance as it now applies to the
current leaseholders and tenants at will on City of Miami waterfront property.
If you would be so kind to direct the Administration to work with us and the
other interested groups to come back with a set of criteria that would meet
the requirements of the City Attorney and the legal verbiage, then that would
be acceptable.
Mayor Suarez: All right. That's a very general charge, and we certainly have
no problem giving that very general charge that they work with you to try to
come up with wording that would ultimately be acceptable to you, and legal
and...
Commissioner Plummer: Coconut Grove Sailing Club.
Commissioner Alonso: And they will come back to us for approval,
think...
Commissioner Plummer: They have a lease.
Mayor Suarez: ... moral, and proper, and kosher and everything else.
Commissioner Plummer:
Miami Rowing Club.
Commissioner Plummer: Miami Rowing has a lease.
Ms. Cuevas: They have a lease. The only one is U.S. Sailing Center, it's on
a month to month.
Commissioner Plummer: So they are actually the only two?
Mr. Albritton: No.
Ms. Cuevas: They are, right.
Mr. Luft: That's right.
1 Mr. Albritton: What about Shake A Lake?
1 Mr. Luft: They don't have a lease.
Ms. Cuevas: No, they have a permit. '(
s
E.K. 265 April 15, 1993
Mr. Albrittoni All right. They're a tenant at will.
Commissioner Plummer: Well, excuse me. You know, I'm dumb, OK? All these
people from the Outboard Club. Why are they here 1f it doesn't benefit them?
Mr. Albritton: Because it was the original intention on our proposal to
include these entities, and...
Commissioner Plummer: But that's not the case.
-j Mr. Albritton: Well, the reason why we come before the Commission is to ask
11 for a general charge to come back with you on a specific verbiage which would
fil include those entitles, and also satisfy the legal requirement.
Commissioner Alonso: Why don't we let them, and instruct the City Attorney to
work with them, and then come back, and then we can change whatever we feel
that 1s not. But I think this way, they will be able to work what they feel
1s necessary at this point.
Mayor Suarez: I don't think the know yet.
Commissioner Alonso: I think that's the only way to be able to come up...
Mayor Suarez: Yeah, that's one way to do it, a very general charge...
Commissioner Alonso: Yes.
Mayor Suarez: ... to work with the Administration.
Commissioner Alonso: I'm ready to move.
Mayor Suarez: Unless you have something more specific, Frank, that you want
to propose.
Mr. Albritton: Well, we are not attorneys, Mr. Mayor, -and we would like...
Commissioner Alonso: And they don't even have the specifics at this point.
Mr. Albritton: ... to operate in concert and come back and propose something
to you...
Mayor Suarez: Bless you for not being attorneys.
Mr. Albritton: ... for meeting the legal requirements.
Unidentified Speaker: And that would satisfy...
Mayor Suarez: All right, the Vice Mayor...
Commissioner Alonso: I would move...
Vice Mayor De Yurre: We know we have a lot of friends here, in fact, that for
many years have been out there at the - particularly, the Miami Outboard Club.
E.K. 266 April 15, 1993
Mr,i Albritton: Right,
Vice Mayor be Yurre: I'd like to see if the president 1s here, or somebody
that can speak and just kind of give us a glimpse of what they would like to
do or, you know, so we have an idea of what we're dealing with.
Commissioner Alonso: Preserves their stay.
Commissioner Plummer: Dominating features?
Commissioner Alonso: Yes.
Mayor Suarez: Commissioner.
Vice Mayor De Yurre: Why? Because I think that, certainly, the Miami
Outboard Club, which has been there for many, many years, and provides a
service to this community, and I think, you know, it's a generational kind of
thing. There's not just kids, but parents and grandparents have been members
of that organization, and it's part of our community, and I would hate to see
something happening that all of a sudden, you know, something 1s created that
does away with that concept. I want to make sure that this is preserved, and
is afforded an opportunity to be preserved.
Mr. Albritton: Not to exclude then or preempt their input 1n this matter, but
I'd like to alert you to the fact that we have tried to make a concerted
effort to work with them in this regard, and that is our intentions, as you
have alluded to, 1s to come back with - to the Commission with a general, more
specific and legal definition that would include the preservation of their
historical contribution to this community.
Commissioner Plummer: Yeah, but you see, I think we also have to take 1n, and
I've put on the record before that I'm an honorary member of the Miami
Outboard Club, was a full member many years ago, so let that not be any secret
to anybody. But, you know, you can't deny the right of public property to any
group that wants to organize, and I think that's maybe where the binding 1s
coming, where - how much of public land, waterfront land, are you going to
allow for clubs to go in and take control over? And I think that's really
your question here at this particular time.
Mr. Albritton: Could we can back to you with a specific suggestion to
address that issue? That's what we're attempting to...
Commissioner Alonso: That's the way it should be. So we instruct the City
Attorney to work with them and come back with recommendations, and then we
approve the language.
Mayor Suarez: OK. That's about as general as we can be...
Commissioner Alonso: Yeah, of course.
Mayor Suarez: I don't know if it gets moving as we'd like to today.
Mr. Luft: Yeah. If it's your...
E.K.
267
April 15, 1993
Mayor Suarez: Yes, Jack.
Mr. Luft: if it's the Commission's pleasure, we would be glad to do that, and
in accordance with what Mr. Jones has said, address these other issues in a
comprehensive way. I think this Commission has voiced dissatisfaction with
this section of the charter on a number of occasions, and this is a good
chance to address a number of issues. We'll be happy to work with then and
see what we can do. But...
Mayor Suarez: All right. Is there any imminent result - well, I won't even
get into it. I gather nothing is going to happen between now and November
with their continued use of the facilities, right?
-t Commissioner Plummer: You got plenty of time.
' Mayor Suarez: OK. Nobody has an answer on that very simple question, but I
4i gather the answer is that there is...
-1 Commissioner Plummer: It kills it.
Mayor Suarez: Nothing is going to happen...
Commissioner Plummer: Oh, yeah.
Mayor Suarez: ... between now and November, that's going to cause them to be
somehow evicted from there, any one of the ones that are tenants at will?
Ms. Cuevas: No, no.
Mayor Suarez: All right. I'm troubled that the Assistant City Manager
doesn't want to be part of this discussion. The acting City Manager for the
moment...
Commissioner Plummer: Let me ask the City Attorney. Mr. City Attorney, as
you read this provision here before us, that provision does not exclude in any
way, should the City Commission want to exercise that additional lease, from
negotiating different terms and conditions, does it?
Mr. Jones: You mean extending it? No.
Commissioner Plummer: As this...
Mr. Jones: No.
�'. Commissioner Plummer: ... speaks to extending...
—� Mr. Jones: Yes.
e
-�� Commissioner Plummer: ... 1t doesn't preclude the Commission's
negotiate different terms and conditions? s right to
=1
Mr. Jones: You wouldn't have to go back out for bid. You could negotiate
-� those terms.
E.K. 268 April 15, 1993
i
1 t�
Mayor Suareve But he means, can we also modify the teas?
Commissioner Plummer: What I'm saying is, it doesn't preclude.
Mr. Jonest No, it doesn't preclude that. But keep in mind that the specific
charter section that deals with your management of waterfront property has
very specific provisions. And of course, this would supplant, necessarily
supplant that, and of course, you know, there is a provision now that talks
about fair return to the City or whatever else, and, well, anyway, that would
have to, really would have to be reworded.
Commissioner Plummer: OK. So it's not - my concern is it's not precluded.
Mr. Luft: Let me respond to the Commissioner's question.
Mr. Jones: It's not precluded. I just indicated that.
Mayor Suarez: All right.
Mr. Luft: We brought before this Commission and it was - or actually, we did
not. We had put it on the agenda, but it was withdrawn, the idea of putting
out an RFP (Request for Proposals) for competitive proposals for a lease on
these two clubs. And that was a UDP,a Unified Development Project, and the
concern immediately was from the organizations that are here that entering
into a competitive process they...
Mayor Suarez: OK. In that process, we know what their concern is.
Commissioner Alonso: But we took care of that, and that will come back
eventually.
Mr. Luft: They may not...
Mayor Suarez: That process is not now...
Commissioner Alonso: In 7ront of us.
Mayor Suarez: ... in progress in any way.
Mr. Luft: But - well, the question was, is there anything in the process that
could displace than? And, yes, in a competitive process there's no
guarantees.
Mayor Suarez: But 1s that now in any way progressing?
Mr. Luft: No, sir.
Ms. Cuevas: No, sir.
Mr. Luft: No, sir.
Mayor Suarez: Or are we simply maintaining the status quo until November?
Mr. Luft: This Commission has withdrawn that.
E.K. 269 April 15, 1993
v
Mayor Suarev All right.
Mr. Luft: It is - nothing's happening.
Vice Mayor De Yurre: Yes, but let one pose this question, if I may. Hold it,
Jack.
Commissioner Plummer: Well, 1f we don't exercise it, then the lease 1s over.
Vice Mayor De Yurre: If, let's say we put this referendum and it's approved
by the voters, and all of a sudden, the Outboard Club says, we want to make
significant improvements to this property, and it's going to cost "X"
thousands of dollars. But 1n order to get the financing to do that kind of
work, they say, listen, the bank needs for us to have at least a 20-year
tease, we can ammortlze the work, da, da, da, da. And then they come to the
City, and the City says, hey, we can't give you a 20-year lease without going
on a competitive kind of situation.
Mr. Luft: That's what we've told them.
Vice Mayor De Yurre: Is that the case?
Mr. Luft: That's exactly what we told them.
Vice Mayor De Yurre: So basically, what are we doing in their particular
scenario? What we're doing is, hey, guys, if you want to hang onto what you
got, you got to leave it as is, let it deteriorate, or you got to - you just
can't get any financing where a lease, a long-term lease comes into play.
Isn't that what we're saying?
Commissioner Alonso: Not necessarily, if we can get the right wording.
Mr. Luft: We're saying, we understand their problem. We've drawn up an RFP
and said, this is the proper legal procedure to get you a lease, and you may
bid on 1t.
Vice Mayor De Yurre: OK. So their hands are tied if they want to improve the
place?
Mr. Luft: And this Commission, 1f it wished, in the process of writing that
RFP or that proposal process, could put in there a point system, an evaluation
system for historical service to the City, for experience, for track record.
You could build in an evaluation system that would recognize the historical
contribution of an organization like this. That can be a valid part of the
evaluation process.
Vice Mayor De Yurre: OK, but I just want to make sure that they're aware of
- what we're dealing with, because...
_g Mr. Luft: Yes, but...
Mr. Albritton: Right. That's why we need to get back with you on a specific,
k In addressing these specific issues.
E.K. 270 April 15, 1993
Mr. Luft: They're on a Month -to --nth, and we would like to see the property
improved, and so would they. But, you know, their - this solution is to say,
amend the charter, and then unilaterally negotiate a long-term lease with them
and exclude any other group that :nay have an interest just because they happen
to be there. But the way it was written and posed to you in this Waterfront
Board proposal, it was dealing with existing leases that could be extended
unilaterally without competitive process, and they do not have a lease.
Mayor Suarez: I think they probably meant to include existing uses, not just
teases. But anyhow...
Mr. Luft: Existing tenants, I think is the...
Mayor Suarez: Right, or existing - yeah, people who are presently occupying
and using the property.
Mr. Luft: But that's what we have to work out.
Mayor Suarez: All right. And that is the intent of this Conini ssi on, if it
can be done legally, and understanding that it's not going to be easy,
understanding that you're going to have to build in a variety of protections,
constitutional, charter -wise, et cetera, and then, of course, ultimately
getting the voters to approve it.
Vice Mayor De Yurre: Now, and they couldn't have - there couldn't be a
referendum question asking whether the voters want the Outboard Club to have a
lease?
Commissioner Plummer: Sure, why not? Sure you could.
Mr. Luft: Well, that probably would happen 1f we went to the UDP Process. On
Watson Island, under the current charter, 1t has to go to referendum.
Commissioner Plummer: No, I think that...
Mayor Suarez: No, no, Jack. Under the current process, they would have to
bid against the whole world.
Mr. Luft: That's right.
Mayor Suarez: The Commissioner asked you a daring, but rather simple
question. Could you put it on the ballot, we want to give this lease, and
whatever terms, to the Miami Outboard Club. And the answer to that is, let's
not answer it today, because I don't think you want to answer it today.
Mr. Luft: I think...
Mayor Suarez: Folks, please. I mean, you know, these things are not as easy
as you would like to make them - if you want an answer to that, Mr.
Commissioner, I...
Vice Mayor De Yurre: No, just throwing it out for edification, and, you know,
I'm trying to find...
a E.K. 271 April 15, 1993
-1 —
Mr. Luft: That's a question for the attorney, I'm sorry.
Vice Mayor De Yurre: It's obvious that I would like to see them stay there,
and I'd like to see them improve the property. Now, legally, you know, Can it
be done? That's basically what I'm asking.
Commissioner Alonso: We have given leases with...
Mayor Suarez: We've given something for - see, some groups, instead of
financing improvements, they go out and get state monies.
Commissioner Alonso: But you don't call it leases; you call it...
Mayor Suarez: They have totally governmental uses for the property.
Commissioner Plummer: Revocable. Revocable lease.
Mayor Suarez: Typically, senior centers, child care facilities. And they
know, it's crazy, but they know that we have a revocable use permit. They
know that we can take the property back at any time. Nevertheless, they spend
substantial amounts of money to improve the property, which is actually ours,
OK, at any time that we want it, and they do all of that. You are not quite
1n a situation to be able to do that, among other things, because it sounds
like you're going to have to get institutional financing, and not governmental
monies from the State of Florida, et cetera, so it's not that easy. So it
sounds like the Waterfront Board, in its infinite wisdom or lack thereof,
wants to help you. It sounds like this Commission wants to help you, and
staff and the City Attorney, in their inimitable way will help you, although
they're also going to tell you all the things that cannot be done in regards
to this, because it's not that easy legally, folks, believe me.
Commissioner Alonso: If they have a revocable permit, does it work?
Commissioner Plummer: They're not on revocable.
Commissioner Alonso: You do research that. That might be an avenue.
Mr. Luft: Not for financing, it doesn't.
Commissioner Plummer: No, but they're not on revocable now. They're on a 30-
day to day to day.
Commissioner Alonso: Research that, please. Let him research that.
Vice Mayor De Yurre: They can't get the money.
Mr. Luft: They're not on anything. They're a tenant at will.
Commissioner Alonso: Well, let him research that and find a possibility.
Mr. Luft: I think, Commissioner...
—' E.K. 272 April 15, 1993
zy w
40. Y
_ Mayor Suarezt A lot of research is going to have to go into this, but at
least it sounds like we're a11, you know, on the same wave length as to
-'' wanting to help you.
-= Mr. Luft! What you're trying to satisfy is the bank that's going to give the
loan. And revocable things don't do that.
Commissioner Alonso: Yes, but if they do and we get it approved by the
voters, then it does make sense and it just coincides, and they will be able
-
-r, to get what they want legally.
Mayor Suarez: You might find, you might conclude at the end of the whole
process is that the best thing is the status quo, let me tell you. But we'll
see.
-
Commissioner Alonso: Sometimes we have to be creative, that's all.
Mr. Albritton: Mr. Mayor, basically, what we're asking, Mr. Mayor...
t
— Mayor Suarez: This is as creative as we've ever tried to be, and we assume
that with Frank Albritton, as chairman of the Waterfront Board, sooner or
later we'd be very creative. Yes, sir.
-
Mr. Albritton: Basically, what we're asking today from the Commission is a
=
charge from the Commission directing him to work with the Waterfront Board and
the affected and interested parties, and sit down and come back with you on
# -
specific proposals, meeting the legal requirements.
Mayor Suarez: So moved.
-
Commissioner Alonso: Wonderful, yes.
= Mayor Suarez: Second?
-
Commissioner Alonso: Yes.
Mayor Suarez: Call the roll.
-
Commissioner Dawkins: Call the roll on what?
Mayor Suarez: The motion that I made was echoing the chairman of the
-
-� Waterfront Board, that the Administration be instructed to work with the
existing users of those properties and the Waterfront Board to try to come up
-
with the appropriate wording that would effect what we've said up here we want
to effectuate.
_
—{` Commissioner Alonso: Yes.
-
Commissioner Plummer: Wait, wait. What 1s the motion on the floor, please?
Mayor Suarez: To work with the Administration and try to put together the
wording that would be acceptable to this Commission to put on the ballot so
that they can stay and make the improvements, et cetera.
E.K. 273 April 15, 1993
Commissioner Alonso! Yes*
Mr.Luft: Fine.
Commissioner Plummer: Ail right. Well, what - it's still got to come back f
4 here for us to look at?
�j Commissioner Alonso: Of course.
Mayor Suarez: Oh; yes, it's got to come back. Please.
Commissioner Plummer: Fine, fine.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 93-253
A MOTION DIRECTING THE ADMINISTRATION TO WORK WITH THE
WATERFRONT BOARD IN CONNECTION WITH THE DRAFTING OF A
BALLOT QUESTION TO BE PLACED AS A FUTURE CHARTER
_ AMENDMENT CONCERNING PROPOSED EXTENSION OF PRESENT
LEASES ON CITY -OWNED WATERFRONT PROPERTY PRESENTLY =
HELD BY NONPROFIT ORGANIZATIONS, AND/OR WATER -RELATED
ORGANIZATIONS WHICH HAVE SHOWN THAT THEY PROVIDE A
VALUABLE SERVICE TO THE COMMUNITY. _
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins -
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Albritton: Thank you. Thank you very much. Mr. Mayor, could we come
back with you at the next City Commission meeting on this item?
Commissioner Alonso: As soon as you get it. As soon as you can.
Mr. Albritton: OK.
- Mayor Suarez: Do you have any problem with the date that Victor suggested for -
the next...
Commissioner Alonso: What was it? June what? Seventeen? I mean June...
Mayor Suarez: OK. We do something while...
E.K. 274 April 15, 1993
w
Commissioner Alonso: June 17 and then...
Mr. Albritton: Mr. Mayor...
Coissioner Alonso: June 17 and then the 24th?
Mrs Albritton: Will we be able to appear at the next City Commission Meeting?
OK.
Commissioner Alonso: He has lots of people.
Mayor Suarez: Yes, it's incredible.
Commissioner Alonso: It's incredible.
look at this. This is what we found.
Mayor Suarez: Doctor T.
I thought it was CDBG funding, and
Mr. Marty Fine: Mr. Mayor, is there any way you can give us an idea of what
time you're going to start zoning, or indeed, 1f you're going to take it
tonight?
--- ---------------------------------------------------------------
34. EXECUTE AN ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT WITH THE
SANITATION EMPLOYEES' ASSOCIATION (SEA) (OCTOBER 1, 1991 - SEPTEMBER 30,
1994).
-------------------------------------------------------------------------------
Mayor Suarez: Let me pass the buck as we've been doing here all night. Mr.
Manager, do the other items before Planning and Zoning look like, in any way,
nearly as controversial as the ones we've dealt with? What do we have left on
the regular agenda?
x
Mr. Cesar Odio (City Manager): Why don't you take 24. That should be an easy
one or a long one. I don't know.
-- Mayor Suarez: Well, the ones from 24 to the end of the regular agenda, have _-
you looked at them and given me - are you in a position of giving me some
idea? , If not, my staff or somebody that wants to help us to answer his
=o
question, which is, are we likely to get to Planning and Zoning tonight?
Mr. 0dio: Well, like I said, the only one that could be controversial is 24, jF
and maybe - and 25.
Mayor Suarez: Which 1s 24? Could we have a little help from the City Police
Department in clearing the chambers, please. We've not called a recess, we
are in session. -
Mr. Odio: You would have a better sense, Mr. Mayor, after you take 24 and 25. -
Ican...
Mayor Suarez: What is 24, sir?
E.K. 275 April 15, 1993
k
Mr. Odio: It's the SEA (Sanitation Employees
recycling, and it's clear, it's easy, but...
Association) contract for
Mayor Suarez: You know, I remember telling you and your staff to make sure
you didn't put so much into the main agenda that we couldn't possibly get to
the items, and I remember you saying that you were going to make sure that
that happened.
Mr. Odio: I didn't know that one item would take five hours.
Mayor Suarez: And the assistant that you have that typically takes care of
that is conveniently in Tallahassee.
Mr. Odio: No, Mr. Mayor. I reviewed this agenda, it's my responsibility.
But I did not expect, I did not calculate that one item would take five hours.
Commissioner Dawkins: Why not?
Mayor Suarez: You didn't expect that the composting recycling processing
plant...
Mr. Odio: ... would take that long, no.
Mayor Suarez: ... whatever the heck it is that we now are going to call it,
would take five hours?
Mr. Odio: I didn't think so.
Mayor Suarez: All right. Marty, I'll be able to tell you after 24, real
quick.
Commissioner Plummer: What item are we on?
Mayor Suarez: Item 24, The SEA agreement on... Why does the collecting
bargaining agreement come into it?
Mr. Odio: Because what we're doing, to avoid any reprocess or whatever is
just adding, incorporating into their labor agreement. And that is
perfectly...
Commissioner Plummer: Well, there was another explanation to me, Mr. Manager,
and that was, it's because of the fact that part of the profits would go into,
it would be a part of negotiation. Just for the record, let me make it clear.
I think the Administration has done a very good job with this item. I think
it is good for the City, I think it is good for the Sanitation Department, but
I want to make it extremely clear on the record. This group of people will be
acting as if they were a total and independent company devoid of the City of
Miami, who will be providing a service to the citizens of this community on a
basis of $1.60 per household, per month, up until a contract of 16 months.
Ms. Sue Weller: That's correct.
Mr. Odio: That is correct.
E.K.
276
April 15, 1993
• 1
Commissioner Plummer: OK. Now, my only question, Mr. Manager, is this:
Assuming that we do something with the group that was - whichever group, the
previous, the plant.
Mr. Odio: Whatever the name is, I forgot already.
Commissioner Plummer: OK. No, no, the company 1s immaterial. Assuming we're
going to go with a company.
Mr. Odio: Yes, sir.
Commissioner Plummer: Where does that put them to the future?
Mr. Odio: We clearly have said that recycling is excluded from that contract.
Commissioner Plummer: All right. Would it be - and as I spoke with them this
afternoon, would 1t possibly be that they could be hired as a total
independent company to pick up all refuse, whether it be garbage, trash and
recyclables?,
Commissioner Dawkins: Are we - OK, I'll wait tilt you finish.
Commissioner Plummer: OK. I'm just asking that question.
Mr. Odio: The answer to that, I would love to do that, yes.
Commissioner Plummer: OK.
Commissioner Dawkins: All right. Now, on the other side of the coin, can
they also form their own company, and own the company, work for themselves,
and the profit goes to them to pick up recyclables?
Commissioner Plummer: Yeah, aren't they a separate company?
Mr. Odio: Well, no, Commissioner.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: No, sir.
Commissioner Dawkins: Why not?
Mr. Odio: OK. Because if you did that, then they would - we'd have to put
this item out for bid.
Commissioner Dawkins: We do what, now?
Mr. Odio: We would have to go out on bids.
Commissioner Dawkins: How can you - why would you have to go out for bids -
when you already have a recycling unit that's a part of the SEA (Sanitation -
Employees Association), and you set it off as a part for recycling, you
already have it established. And what do you have to go out to bid for when
they already are doing it themselves?
EK 277 April 15, 1993
A. Quinn Jones, III, Es4. (City Attorney): Because you're talking about - if
they formed a company, you'd be talking about forming a corrmercial venture of
sorts, which would necessitate complying with the procurement code.
Commissioner Plummer: Well let me give you a couple of the other questions
that I asked when they came to see me, and I think it addresses the very —
question that you're asking. There will be no health insurance by the City
that will cover this. There wiil be no workmen's comp. claims against the
City in any of these cases. All of that would be totally - the only
relationship that they explained to me would be that the City will provide
them under a contract, maintenance for the vehicles which they will use to _
pick up the recyclables. Am I correct?
Mr. Odio: Yes.
Commissioner Dawkins: We11, let me tell you now, when you bring back
Bedminster, you have lost a vote, because I thought when we first started out,
it was said that eventually, the City of Miami is going private with all
garbage, trash and recyclables.
Mr. Odio: Commissioner, that's what we're saying. -
Commissioner Plummer: Well, that's what I just asked, 1f that was possible.
Commissioner Dawkins: And that's just what you're saying.
Mr. Odio: Yes, sir.
Commissioner Dawkins: And when you go private, the individuals who you had to
ask them to give up everything they're giving up will be gone, because the new
company has no alliance to them.
Mr. Odio: No, no, sir.
Commissioner Dawkins: Has nothing... You just told me that they got...
Mr. Odio: No, no. Let me - can I explain, please?
Commissioner Dawkins: They got no insurance, they got no nothing.
r -
Mr. Odio: Can I explain?
Commissioner Dawkins: You can't explain that, because that's not the _
understanding - you can explain it, but that's not the understanding I had,
-i that I was wcrking with you all.
Mr. Odio: OK. This composting plant, all we're going to do is deliver to
them whatever we pick up. Here, you have a trucking company, in fact, which
are going to pick up. In the case - the garbage and trash and deliver to
=4 wherever we tell them to go.
Commissioner Dawkins: Eventually, eventually, Bedminster will be the entity
that collects garbage...
EK 278 April 15, 1993 _
' trash and composting in the City of Miami. OK?
Commissioner Dawkins: ...
-i Now, you guys can listen to anything else you want to listen to, you hear?
But you...
Commissioner Plummer:
did not hear any of the companies, Mr. Dawkins, that
3 were proposing to do pick ups.
ai
Commissioner Dawkins: Pick up what?
They were they were going to have a plant that would
Commissioner Plummer: � �
receive the pick ups and process.
Commissioner Dawkins: What item was that? I'm going to read to you. I just }
read to you what - it does not say what you're t going to do. does not say i na thi s
argument this morning, Mr. Plummer. It do
agreement what it will do. It said design... Where is it, please.
Mr. Odio.. Commissioner, look. Let me - to satisfy you, we will make sure
that the language is clear...
Commissioner Dawkins: It says...
Mr. Odio: ... in their contract, that they will not pick up any materials.
Commissioner Dawkins% ... to design, constructs acceptance
And I testsdistfinance
i acely and
own and operate a solid waste processing facility.
what was solid waste consisting of.
Mr. Odio: Garbage and trash.
Commissioner Dawkins: And you told me - and I was told everything but
recycling.
Mr. Odio: Yes, sir. Let me make it clear for you, Commissioner. I will
ask...
Commissioner Dawkins: Well, make 1t clear to them because I - because sea,
this does not affect me at all.
Mr. Odio: OK. Well.
the
Commissioner Dawkinso to See, jails they thave.to send my et retirement check from
heck toojaige
every month. If I g j
so that's their problem.
Mr. Odio: We will add to the Bedminster contract that we are not talking
about transportation of goods. If that's...
Commissioner Dawkins: Well, then, you know, I hear you...
Commissioner Plummer:
EK
I never heard that they were interested.
279 April IS, 1993
Commissioner Dawkins: OK. I hear you loud And clear, but I cannot sit here
and play David Copperfield to the titltens and to them
Commissioner Plummer: A garbage truck disappears.
-
Commissioner Dawkins: Somebody has got to pay for the collection of garbage.
Mr. Odio: Yes, sir.
Commissioner Plummer: We are. _
Commissioner Dawkins: Somebody is going to collect the garbage.
}
Commissioner Plummer: We are.
Commissioner Dawkins: That's right.
Commissioner Plummer: No, excuse me.
Commissioner Dawkins: And who are we going to pay?
Commissioner Plummer: They are, as a private company, first with recyclables,
and my question was, are they precluded from doing it as an independent
private company for the garbage and trash, and the answer was, "no."
Commissioner Dawkins: But you just said that they got the bid. Now can they
bid against IWS (Industrial Waste Service)?
Mr. Odio: They will not have to bid.
Commissioner Alonso: They will not have to bid.
Commissioner Dawkins: Well, now...
Mr. Odio: Because what we have established here, Commissioner...
Commissioner Dawkins:
Now, I'm confused. Now, I'm confused.<<
t-
Mr. Odio:, Let me explain,
please. Precisely what we have established here is
the first step...
Commissioner Plummer:
I'm missing something.
Mr. Odio: ... to then being able to take over the garbage pick up whenever
4
We're ready...
Commissioner Plummer:
I am totally missing something.
Commissioner Dawkins:
Let me ask something.
Mr. Odio. ...through
this contract. This contract guarantees that theyget
�-
recycling.' The next
step, if they so choose, and we choose, and,you choose,
we can add then the
garbage pick up the same way, and they will be as a
private operator, but
protected under the labor contract.
EK
280 April 15, 1993
3f r
77:
{
Commissioner Pluwftr: The only concern that I had, Mr. Manager, and I'm going
to put it on the record, because it is an expensive item, predicated on the -
hello? Predicated on the motion of this morning. And that is that they are
looking for the City to provide the additional two thirds bins. I don't know
what that number is. I assume it's around 40,000 bins.
Mr. Odio: We need more than that, because we want to add more bins.
Commissioner Plummer: OK. But on the record, let's make it clear, so we're
not pulling the wool over anybody's eyes. They're looking to the City, and it
is understood the City will provide the additional bins required...
Mr. Odio: Yes.
Commissioner Plummer: ... for the recycling materials. I would hope, Mr.
Manager, and that's why I asked the question this morning that I did. On that
item where we're getting State funds, that the money could come from there to
buy the additional bins, so we don't have to use City money.
Commissioner Dawkins: It will come from there.
Commissioner Plummer: I sure hope so.
Commissioner Dawkins: Well, the manager told you he was going to bring 1t
back to you.
Mr. Odio: And you will approve.
Commissioner Dawkins: Then you will OK the expenditure, and that's one of the
ones we will OK.
Mr. Odio: Yes.
Commissioner Plummer: Ail right, sir.
Commissioner Dawkins: But I still say, and I'm going to say again, you guys
can go for this lemon if you want to. You guys are going to be without a job,
OK? The Solid Waste Department is the only thing left that's solid black.
Now, you call can - you can sit up and listen to everybody but Miller Dawkins,
1f you want to, but you better find a way to own that company so that you can
hire yourself.
Commissioner Plummer: But they still got me as a 99.
Commissioner Dawkins: See, I mean, you all - and I didn't just start to tell
you this. I've been telling you this for three years, and you guys listen to
everybody but me, all right? Now, I was under the impression with the
manager, and I don't mind putting it on the record again, that we were working
to establish a company or an entity for - the City Attorney said you have to
bid the company - to establish an entity where you would own the recycling
yourself, and you would hire people for the recycling, and that the City of
Miami would lease you the equipment on a lease purchase basis, and you would
pay for it. Now, that was my understanding.
EK 281 April 15, 1993
El
E
Unidentified Speaker: That's what we have.
Commissioner Dawkins: That's what "we" who has?
Unidentified Speaker: That's what the SEA has.
Commissioner Plur:mer: I move item 24. Well, I'm sorry, I don't move Item 24.
Commissioner Dawkins: I second it. I don't have no - look, J.l., they happy,
I'm happy. I don't have no problem with it.
Vice Mayor De Yurre: We have a motion and second. Any further discussion?
No? Please call the roll. -
Commissioner Plummer: I wish you guys luck. i
Commissioner Alonso: Yes, yes, yes. One more question. The location, they
will pick up and then they will deliver. They will take it to a specific
location. If we go into this contract, location will make a difference?
Mr. Odio: They don't have to take it to this other company. If they have a
company they are selling these materials to, and they want to stay with them,
that's their problem.
Commissioner Alonso: So it will not make any difference?
Mr. Odio: It is not our responsibility once they pick it up.
Commissioner Dawkins: One other question, and I wilt be finished. They have
no pension benefits?
Mr. Odio: These people are totally independent from the City of Miami. —
Commissioner Dawkins: They have - I'll ask may question again.
Mr. Odio: No, sir.
Commissioner Dawkins: They have no pension benefits?
Mr. Odio: They are independent, no. i =_
Commissioner Dawkins: They have...
Commissioner Plummer: Unless they provide it for themselves.
Mr. Odio: Unless they provide.
Commissioner Dawkins: They have no insurance?
t
Commissioner Plummer: Unless they provide it by themselves. -
{
Commissioner Dawkins: OK. They have...
EK 282 April 15, 1993
f
r� 'a s f , r . tssavvss «'tsil`
Commissioner Plifmert Nothing provided by the City. That's what I was making
the point.
Mr. Odiot They're independent operators.
Commissioner Dawkins: Do they get enough money to pay the same $17 per hour
that the other guys are getting, or what is the maximum they will be able to
pay these individuals who have no benefits, have no insurance, and got no
pension rights? What will the salary be?
Mr. Odio: That's their decision.
Unidentified Speaker: Mr. Dawkins, it will be...
Commissioner Dawkins: No, no, no, no, no. I'm not going to let you do that `
to them. I'm not going to let you box them in, telling them that's their
decision, when they don't know a damn thing about management. They don't know
anything about budgeting. They don't know anything about how to maintain
equipment, and then you're going to sit up here and tell me that's their
responsibility? No, Mr. Manager, it's not their responsibility. It's our
responsibility to baby-sit them until they can stand on their own two feet.
Commissioner Plummer: Let me verify one thing on the record, 1f I may. Sir,
this matter has been taken before your union and has been approved by and
ratified by the members of the union?
Unidentified Speaker: Yes.
Commissioner Plummer: Is that a correct statement?
Unidentified Speaker: Yes, it is.
— Commissioner Plummer: Thank you.
Commissioner Alonso: And do they understand?
Commissioner Dawkins: Call the roll.
Vice Mayor De Yurre: No further discussion? Call the roll. t -
i
}
-- i
= i
i
I
EK 283 April 15, 1993
qE
9
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 93-254
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ADDENDUM TO THE COLLECTIVE
BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOWN AS THE SANITATION EMPLOYEES
ASSOCIATION (SEA), FOR THE PERIOD OF OCTOBER 1, 1991
THROUGH SEPTEMBER 30, 1994.
fileeln othe Office of the City Clof erk.�tted here and on
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Commissioner Miller J. Dawkins.
ABSENT: Mayor Xavier L. Suarez.
COMMENTS MADE DURING ROLL CALL:
- Commissioner Alonso: Well, if they feel this is what they want to do, I will
support them, yes.
35. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH THE NATIONAL ORGANIZATION
OF BLACK LAW ENFORCEMENT EXECUTIVES (NOBLE) -- FOR PROVISION OF TRAINING
FOR POLICE DEPARTMENT.
Commissioner Plummer: Mr. Vice Mayor, may I ask a favor? Because there are
some people here, Ms. McMillian...
Commissioner Alonso: I just hope they know what they're doing.
Commissioner Plummer: And there are some people here from Dade Junior 1
College. Could we take up, Mr. Manager, the issue relating to the sensitivity
training?
I ,
Vice Mayor De Yurre: Which one was that?
A
Commissioner Plummer: Which item is it, please?
t
Mr. Odio: Thirty-one. {
EK 284 April 15, 1993
t
Vice Mayor De Yurre: OK. Mr. Plumrmer...
Commissioner Plummer: Mr. Vice Mayor, if I may, for the record, I heard some j
rumors that I am trying to stop the sensitivity training, and I want to put
_= those rumors to rest. I think that this City is deserving of sensitivity
training. I think it is a good thing and a necessary thing for this
community. My sole questions have been at all times as to what is the best -
deal we can get for this City. I am still concerned, and I am told that there !
are two people here from Dade Junior - are they here - who would speak to the
issue. All right, sir. And my concern 1s that we have a local organization,
i.e., Dade Junior Community College, who has offered to provide the City with
this same training for a $75,000 difference. NOBLE (National Organization of
Black Law Enforcement Executives) is asking $300,000 of the City, and Dade
Junior has offered to provide for $225,000. I would ask the representative,
whoever you are, sir, from Dade Junior, the question that has been asked of me _
by the police department who states that you have refused to do this on a
three-year program, rather than an 18-month program, and then if you did it on =
a three-year program, that your bid would be the same. Mr. Glassman, who I
_ assume 1s the head of the Dade Junior Criminal Institute, or whatever it is,
told me yesterday that the difference is, is that NOBLE would be paying
airlines for people flying back and forth to Dade County, but would not be
given. So, sir, would you please tell me if there is a difference? If there
is no difference, then I know which way to vote. If there is a $75,000 i
savings, apples to apples, I know also which way I'm going to vote. For the
record, if you will, your name and address, and who you represent.
Vice Mayor De Yurre: Excuse me a second, before you get into that. Is there
an issue as to whether we want the sensitivity training or not?
I
Commissioner Plummer: Oh, no, not 1n my estimation, sir. I want sensitivity.
Vice Mayor De Yurre: OK.
Commissioner Plummer: I think it should be done as quickly as possible. The j
only other matter that I would put on the record, this was mandated by the j
State of Florida, so we have really no choice.
Vice Mayor De Yurre: So just the matter of who's going to do it?
Commissioner Plummer: OK - no. And the cost factor.
Vice Mayor De Yurre: Well, that's - that's - based on that.
Commissioner Plummer: OK? Because the State of Florida was told, and I
verified this, that when they mandated that this sensitivity training had to
be done, they did not mandate any funds or a source of revenue, because they
were instructed in committee that there would be no cost other than the
individual recipient's timmme as he was receiving 1t on duty. So that was the
reason they did not provide any State funding for a State mandate or provide a
source of revenue. Now, here again, sir, whatever reason the police
department feels that a three-year term instead of 18 months is important, I
can't answer that. And can you provide it, and would it make a difference in
the price, I think, is really where we are.
EK 285 April 15, 1993
Mr. Clark Zanem: Oil. Good evening. My name is Clark Zanem. I'm a professor
at Miami -Dade Community College, and the answer is, three years is no problem
at 016
Commissioner Plummer: At the same price?
Mr. Zanem: At the same price, yes.
Commissioner Plummer: All right, sir. Mr. Manager?
Mr. Odio: Yes, sir.
Commissioner Plummer: Did you hear the comment?
Mr. Odio: I heard it.
Commissioner Plummer: The only reason that the police department stated, for
the record, at the last meeting, was that they did not want to go with Dade
Junior was because of the fact that they would not provide a three-year
training. Now, I've had this thing deferred twice, and because of the fact
that the police department on the record stated that Dade Junior would not
give the same sensitivity training, and what I'm hearing from this man is...
Mr. Odio: Sir, there were other reasons.
Commissioner Plummer: All right, sir. What were the other reasons?
Major Gwendolyn Boyd: First of all, when we met with Mr. Ken Glassman on
March ist, we presented to him a copy of NOBLE'S proposal, and asked if they
could duplicate the same program, making sure that the same quality and
content was impacted, was involved in the implementation of their training
proposal. At the time, Mr. Glassman, who is the associate director of the
academy, told us that he doubted that that they could commit a staff to be
involved for a three-year period, and what they all presented to us 1s for an
18-month period. We explained to him the need for us to have it on a three-
year basis, because, number one was the type of training, with the size of our
department, and there are other types of training programs that our police
officers must go through within a one-year period.
Commissioner Plummer: Assuming that you're speaking to that which was
mandated by the State, I would ask you, sir, is that still a true statement,
or you can provide it or you can't?
Mr. Zanem: That's a true statement.
Commissioner Plummer: You can make - you can provide?
Mr. Zanem: Yes, yes.
Commissioner Plummer: OK.
Major Boyd: Not only that, but they recognize that Miami -Dade is an excellent
educational facility. But looking at Miami-Dade's track record, I
EK 286 April 15, 1993
specifically asked Mr. Glassnemn if M1aml-Dade has ever developed and designed
a human relations training program of this magnitude, or if they have ever
administered such a training program to any police department, and his
response was, no. Additionally, NOBLE has been in existence since 1976, and
they have developed, designed and implemented various training programs to
agencies such as the Greensborough, North Carolina Police Department; Saint
Louis, Missouri Police; Washington, D.C.; Englewood, California; Baltimore,
Maryland; Metro -Dade; Denver, Colorado; Chicago, Illinois, and the
International Association of Campus Law Enforcement Administrators.
Commissioner Plummer: Where are policemen, when they're entered into a class
to be trained for the City of Miami Police Department? Where are they
trained?
Major Boyd: They receive basic law enforcement training, which develops their
skills and knowledge of what they need in order to be police officers. Miami -
Dade, again, does not...
• Commissioner Plummer: Where do they receive that training?
Major Boyd: They receive it at the police academy. Not only that, but...
Commissioner Plummer: Is that at Dade Junior?
Major Boyd: That is correct.
Commissioner Plummer: So, 1n other words, if they can't train them, they
can't retrain them; is that what you're saying? Because 1t doesn't make any
sense to me. I think they go to Dade Junior for 13 weeks, don't they? Isn't
that their basic training?
Major Boyd: No, they go for 26 weeks. And we're not saying...
Commissioner Plummer: To Dade Junior?
Major Boyd: Yes.
Commissioner Plummer: OK. You know, to me, I have to tell you, I would have
thought that in those 26 weeks that there would have been sensitivity training
there...
Commissioner Dawkins: That was my question.
Major Boyd: They do, and we give it again.
Commissioner Plummer: ... that would be done by local people who know what
our local problems are. OK? Now, I'm not going to argue any further. I know
how I'm going to vote. They have stated for the record without
equivocation...
Commissioner Dawkins: But, J.L...
Commissioner Plummer: ... they can provide the same thing for $75,000 less.
My colleagues can judge themselves accordingly and vote. I like to do
business with local people. ;
EK 287 April 15, 1993 I
i
E
A
Comissioner Dawkins: J.L.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Now can my police department tell me that Miami -Dada,
where they send an individual for 26 weeks, and nobody demands that Miami -Dade
teach sensitivity to the recruit. No wonder we have a problem on the streets
with police, you know.
Commissioner Plummer: I agree with you, air.
Commissioner Dawkins: So, you know, some - but there again, this Commissioner
is never heard. You know, but by the same token, you know, I hear them and I
hear them clearly. But 1f Miami -Dade is not teaching - and I'm not going to
call 1t "sensitivity." I'm going to call it "citizen interaction," for lack
of a better word - how citizens - how new police should interact with citizens
of the City. And if Miami -Dade is not teaching that, and may police department
is not demanding that this be taught to new recruits, we're failing the
public.
Major Boyd: Sir, Miami -Dade does teach human relations training. I was one
of the instructors. But what you're getting...
Commissioner Dawkins: Well now, but, wait now, Major Boyd. You just said
they can't teach it. Now you're saying they do teach it.
Major Boyd: They taught eight hours. They taught either hours, and I'm going
to explain to you the difference.
Commissioner Dawkins: Well then, why don't you demand more than eight hours
with all the problems that we're having?
Major Boyd: Mr. Dawkins, you're talking about in a classroom setting. You're
talking about skills development. We're talking about getting out of the
classroom setting, into the community where the problems are occurring. You
cannot continue to try to control the officer's emotions, the community's
emotions In that academic environment. We want to move the training into the
community where the problems are occurring.
Commissioner Dawkins: OK. Let me ask one question.
Mr. Zanem: Could I qualify that?
Commissioner Dawkins: Pardon me, one minute, Major Boyd.
Mr. Zanem: OK.
Commissioner Dawkins: Mr. Crawford, come to the mike, please. Mr. Crawford.
Mr. Fred Crawford: Yes, sir.
Commissioner Dawkins: In all your years of law enforcement work, would you
say that individuals who have been trained for 26 weeks, that the agency that
EK
288
April 15, 1993
* ;lA
V__ w
had them trained should not be able to recognize that more of a certain skill
was needed,*•
Commissioner Plummer: Now the hell do you let them train then if they're not
capable of training? And then when you really need other training, they're
not capable, I don't understand that.
Commissioner Dawkins: ... and that should be carried on as an in-service
training or something? Would you say yes or no to that?
Mr. Crawford: I would say the agency should be able to recognize whether or
not their officers need additional training.
Commissioner Dawkins: Thank you. That's all, that's all I'm saying.
Commissioner Plummer: Yeah. You know, I really have to ask, Mr. Manager, how
do you justify sending the recruits to be trained there for 26 weeks, and then
when additional training is necessary, they're not qualified to do it? I -
hey, I don't understand.
Mr. Zanem: Could I qualify something?
Commissioner Plummer: Sure, sir. This 1s Dade Junior.
Mr. Zanem: Actually, the old umbrella that it was taught under was not
sensitivity training. It was called ethnic and cultural differences, which is
essentially - they've changed names of a lot of things, but in essence, we try
to get along with each other. That's the basic foundation. That's eight
hours of that, and there's also six hours of something called human behavior,
which is getting involved with people.
Mayor Suarez: It's not a very descriptive course, human behavior, you know.
Commissioner Dawkins: Well, I'm...
Mr. Zanem: Another two hours, another two hours of community relations;
another four hours of interpersonal skills, and believe me, I'm not here to
try to - I'm a professor. I don't make a lot of money...
Commissioner Dawkins: Well, let me put an and to what you're saying.
Mr. Zanem: I just build minds, that's all I do.
Commissioner Dawkins: No, no. Let me put an end to what you're saying.
Mr. Zanem: OK.
Commissioner Dawkins: OK? I taught at Miami -Dade 22 years.
Mr. Zanem: OK.
Commissioner Dawkins: OK? And from 1971 when I went to Miami -Dade Community
College, I said then, and I'll say now, the police, the criminal justice
system is one of the most racist institutes in Dade County. So now that's my
position.
EK 289 April 15, 1993
2h L-
n� r �r
L2
Mr. Zanem: 0K. Now wound you like it if...
Commissioner Dawkins: You can't teach what you don't...
Mayor Suarez: I tell you whet. Someday, as a society, we ought to review the
fact that kids in college are having to learn human behavior. In any event...
Major Don Warshaw: Mr. Mayor?
Mayor Suarez: Yes.
Major Warshaw: if I may just interject one thought. With all...
Mayor Suarez: I don't know why you want to do that right now when I'm about
to propose that we dispose of this item. We have - and I don't know if you've
heard testimony yet. I gather that we've got on the record the recommendation
of the NAACP. I think we've got the CRB, Community Relations Board, Mr.
Angones in the back. I mentioned Johnnie McMillian here. Georgia, are you
here on behalf of some organization?
Ms. Georgia Ayers: I'm here twice, for this and for number 41.
Mayor Suarez: All right. And of course, Fred Crawford.
Commissioner Dawkins: Move it, move it. }�
• e here an further questions on the item from the i
Mayor Suarez. Are t y
Commission? If not, we have a motion. Do we have a second?
Commissioner Alonso: Second.
Mayor Suarez: Second. f
Commissioner Plummer: Well, can I ask what the motion is? I didn't hear one.
Mayor Suarez: To approve the agreement for the training by NOBLE, I presume.
Commissioner Plummer: At the $300,000, spending the additional $75,000?
Mayor Suarez: I would guess that it's at the contract price that's
recommended, yes.
Mr. Warshaw: For a three-year period.
Mayor Suarez: So moved and seconded. Any further discussion from the
Commission? If not, please call the roll.
k+ me.µ
T
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-255
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE NATIONAL
ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES,
HEREINAFTER "NOBLE," IN AN AMOUNT NOT TO EXCEED
$30090009 FOR THE PROVISION OF TRAINING OVER A THREE
YEAR PERI009 FOR THE CITY OF MIAMI POLICE DEPARTMENT,
WITH FUNDS THEREFOR ALLOCATED FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NO. 690001, INDEX CODE 029002-247,
SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF
POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr..
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: i have a beer pocketbook for a beer taste. I can't
afford that luxury. I'm sorry. I thought it was very, very clear. We had a
chance to save $75,000. I'm sorry. I have to vote no.
Commissioner Dawkins: I have to vote yes because every time that we come to
these kinds of issues that deal with these kinds of problems, we're always
talking about saving money, and you get what you pay for. Therefore... I
mean, I've been through this before with a group and we saved $75,000, and
they ended up saying 1 did not have any discrimination in the hiring practices
of the City of Miami, and we saved $75,000. So I would have to say that I
agree with Commissioner Plummer that we should be able to get it cheaper, but
since we can't, we have to go with what we have, and I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Did you want to introduced something in the record in support
of this, Johnnie?
Ms. Johnnie McMillian: Yes, if I might. This is a copy I have of the NAACP's
report from our hearings that we had here in Miami and across the nation. I
have a copy for each of the Commissioners to be introduced.
EK 291 April 15, 1993
Mayor Suarez% Very good. Thank you.
Commissioner Dawkins: Thank you, Ms. 14CM11lian.
Mayor Suarez% And i have perused the••• m and he'll giv& them out* Give
ComplissionerPlummer: Give them all to hi
then all to h
Mayor Suarez: ... prior copy that 1 received, and i appreciate it.
36.
DISCUSS AND TEMPORARILY TABLE CONSIDERATION
PROPOSED -RESOLUTIONOIIED
EXECUTE LEASE AGREEMENT WITH GUSMAN CENTER -PARTNERS TAIL RESTAURANT,
DEVELOPMENT, INCLUDING PLANNING AND DETHGANC ANCILLARY RETAIL, LEASING AND
MANAGEMENT OF A RESIDENTIAL FACILITY WITH
AND CULTURAL USES AT THE OLYMPIA BUILDING (174 E. FLAGLER STREETj• (See
label 47)
ra._rr—r-- __ r rr _r r rr_ r _r—r rrrr_r rrr r----_m--r
May or Suarez: What's the issue in 25? Does anybody have any problem with 25?
Commissioner Alonso: I'm in favor of this. I like to...
Mayor Suarez: On 25, I'll entertain a motion• problem that 1 have is -
Cortmissioner Alonso: Yes, I'm in support. The only p
He has a business
and I see the gentleman here. I don't remember his name•
in the building. Would you came forward, pleases sir.
And I really fee very
strould
p ly that if this goes this way and approved bythat ththe eyid n't�loseothe
like them to work with the gentleman to be think
investment and the business that they have 1s the
waYr th8t cou d•belworked out.
something that I would like to see if then
Mr. Clark Cook: Yes, Commissioner Alonso. i think.•• biggest concern that
Commissioner Plummer: We111eput
resolvedrecord, the
all of us had has now been supposedly
Mr. Cesar Odio (City Manager): it has.
into
Commissioner Plummer: One of the memut bers
involvhement. put is team, without
on the ecord.
ressed conce
I got, _ you,ve got to do that, Mr. rn oManager. • .
i go y
Mr. Odio: Yes.
Commissioner Plummer: ... because that individQ`rect? been withdrawn from the
application, and his name was Gallagher; am
Jesse McCrary, Esq.:
EK
That's correct, sir.
292 April 159 1993
7777777,
^^�
Commissio�ter plug: His participation has been withdrawn.
Commissioner Hawkins: What item are We on now?
Mayor Suarez: Twenty-five.
Mr. McCrary: He has resigned.
Commissioner Plummer; So it is no longer my concern about his participation,
because he's no longer a part of the application.
Mayor Suarez: That's correct.
Commissioner plumper: Now, the only things I'e tlodnan to tc wyou ho hasl the
sir, that I told you in private. This fin g
i hope, as gentlemen,
dress shop downstairs. He's been there since 1971.
which I think you are, that you will make an
thatshis rent has got to go ups,
wh you realize, and I realize
him. He realizes, y
and I o him
hope that something can be reachedasompr nniof the business, twhi h
and to you, so that he can stay I say that for the public record. Other than
he has been there for so long. concern still resolves, after it has
that, I hope you guys are successful. My
been changed. Your contract is now on a net, no gross, net.
Mr. Cook: No, no. It's the other way.
Mr. Adio: Is
it gross,
or
net?
Commissioner
Plummer:
I'm
sorry, it's not net, it is gross.
Vice Mayor oe Yurre: Gross, gross.
Mayor Suarez: All right. With that understood,
do we have any other
concerns? Mr. Cook, sir, please. You've spent lot
tre tof time it eacforne Of
us. I'm sure we understand each other, and
l,mur
testimony. Now... irn, sirs
Commissioner Plummer: Mr. Mayor, I still have doesn't of er con these gentlaemennd l
have to put it on the record, and it really
except as i had hoped it would fit in,
that their proposal would be able to
reduce or eliminate the subsidy on the theater.
Mayor Suarez: That certainly is the idea.
Commissioner Plummer: Is there any
tfrom theCity
OlyAtornempia Buildingy or Citwhereeit
that the Gusman Theater can be separated
is today requiring - what was it? $3009000 of subsidy, Mr. Manager? Mr.
Cook?
Mr. Cook: Yes, that's correct.
ll to
Commissioner Plummer: If you took that and back on were l the tax roll$, you e to sell Gusman awould
the friends of Gusman, or to whoever, Pu
293 April 15, 1993
EK
eliminate subsidy and form p revenue to the City.
possible to separate the two?
So I'm asking, is that
Mr. Odiot I believe the deed prohibits us from selling that building.
Mr. Cook: Yeah.
Commissioner Plummer: What?
Mr. Odio: We are prohibited from selling.
Commissioner Plummer: OK. Excuse me. Can we give it back to them and still
go with the contract of the Olympia Building?
Mr. Odio: Well, Clark Cook and I talked about maybe getting the Miami Film
Festival to adopt the thing and take it over.
Mr. Cook, Yeah. Commissioner, let me ask you a question, if I can, very,
very quickly. I promise not to be long-winded.
Commissioner Dawkins: You just lost my vote.
Mr. Cook: Oh, came back.
Commissioner Dawkins: No.
Mr. Cook: We have to resolve the problem with the Olympia Building first.
When we resolve the problem with the Olympia Building, let's go at the theater
then. I don't know that it can be sold. I don't believe by contract you can.
There are some things that we're working on. I promised you that this would
make a change and lower that deficit from $300,000 to $150,000 to $200,000,
and we will do everything we can to eliminate that. And you understand those
problems as well as I do.
Commissioner Plummer: I understand that you and others before you have tried
to do it. I am concerned, as an angry taxpayer, sir, that we're subsidizing
that theater at almost $1,000 a seat, per year. You only have 2500 seats in
that place; am I right?
Mr. Cook: Seventeen hundred.
Commissioner Plummer: Seventeen hundred. That's worse. Now, you know, we're
over-facilitized 1n this town. And every one of them, to nay knowledge, with
the exception of Miamarina, is requiring subsidy. You got a parking garage
downtown requiring a million dollars of subsidy. This City can't continue to
do those things.
Mayor Suarez: And, Commissioner, this Commission cannot continue to discuss
this item; otherwise, we'll have no chance to get to the Planning and Zoning
Agenda, and that may as well tell people we are not going to get to it.
Mr. Odio: Mr. Mayor, I recommend this item.
Mr. Jones: Mr. Mayor...
EK 294 April 15, 1993
F `—
Commissioner Alonso: Mr. Mayor, what...
Mr. Jones: Hold it, hold it, excuse me. Mr. Mayor, before you take a vote on
this, you need to pass a resolution authorizing the transfer of the interest.
It's just been put on the record, because the proposal required that...
Commissioner Alonso: ... That before we take a vote on the lease agreement...
Mayor Suarez: The resolution cannot be built into the other resolution before
us, as one?
Ms. Miriam Maer (Assistant City Attorney): If I may, there are, I think, a
series of two or maybe three resolutions that you would need to take to do
this, insaccordance with the unified development process.
Mayor Suarez: Oh, that's lovely, that's lovely. At 8:00 o'clock, on a night
that we have so many other items before we even get to Planning and Zoning,
folks.
Ms. Maer: I need to let the Commission know...
Mayor Suarez: What do we need to do? Just give us the first resolution, and
we'll move it.
Ms. Maer: The first thing...
Mayor Suarez: See if we can pass it.
Ms. Maer: Well, I need to let the Commission know that your proposer has now
changed from that which was in the record in front of you at the last time.
Mayor Suarez: I though 'e already discussed that. One of the people has been
left out, and I think the name was even mentioned.
Ms. Maer: I understand, and that changes the concept of the proposer. I need
to let you know that, that 74 or the majority of the interest of the proposer
is now 1n the name of a Mr. Daniel Mones, and that needs to be on the record.
Secondly, at this time, the City Attorney's Office does not have a legal
Instrument evidencing the legal existence of the proposer. I know that will
be delivered to us, and I'm going to ask you to make your ultimate resolution
subject to that.
—= Commissioner Plummer: Subject to that, of course.
Ms. Maer: Thirdly, what we would suggest is a resolution approving the
withdrawal of three of...
Mayor Suarez: I entertain a motion to defer the item.
Commissioner Alonso: This item will have to be deferred. I was not told of
any of this. I believe you should have come to me an informed me of all of
this. I'm not going to vote for this.
EK 295 April 15, 1993
f
Mayor Suare2: So Moved. Do we have a second?
Commissioner Alonso: I'm sorry, but I have to be informed. I think you had
ample opportunity to let us know, each and every one of us, and each of us has
a vote, and t think we have a right to know, and this isn't fair. I'm not
going to vote for this at all, and I am asking that this item be deferred.
Commissioner Plummer: Second.
Mayor Suarez: Moved to defer and seconded. Any discussion? If not, please
call the roll.
Commissioner Dawkins: What are we...
Commissioner Alonso: I'm asking to defer this item, Commissioner Dawkins,
because I was not informed of all of these changes, and I think this is very
unfair to members of this Commission, and some of us are informed, and some of
us are not, and I think that this has to be a rule that we have changes like
this, major changes, we have to be notified, and not be in surprise when we
arrive here. And I was one of those, and I think it's very unfair. So I'm
asking to defer this item.
Commissioner Dawkins: Whenever a Commissioner wants an item deferred for more
information, I have to go along. I vote yes.
Ms. Matty Hirai: Vice Mayor De Yurre - continuing the roil call...
Mayor Suarez: Wait, wait. Please, Madam City Clerk. I didn't ask for any
call of the roll on this. Please.
Commissioner Plummer: Wei I, we better be... You know, let me tell you
something. Mr. Manager, when you've got something to say that's that
important, get up on that microphone, and scream and holler.
Mr. Odio: It will be - the deal will be dead.
Commissioner Plummer: If you don't vote for this today, it's a dead item.
Mr. Cook: It will kill the deal.
Commissioner Plummer: For God sakes, tell me that.
Commissioner Alonso: Well this one's going to be a dead item.
Commissioner Plummer: OK.
Commissioner Alonso: You should have known...
Commissioner Plummer: At least put it on the record.
Commissioner Alonso: ... to come to us and let us know there were changes,
important changes, changes of names, many things. And you never came to me
and told me, and I think that as a voter, as a member of this Commission, I
have every right in the world to know all of these changes. I think each and
EK 296 April 15, 1993
every one of us hat to be notified# and I'M not going to vote for MIMI that I
know half of it, and then having to respond to the citizens of Muni.
Mayor Suarers Let us hear the consequences of a deferral, Madam Commissioner.
Commissioner Alonso: This isn't fair, and I'm not going for this.
Mayor Suarez: What are the consequences of a deferral?
Commissioner Plummer: The consequences...
Commissioner Alonso: The most I can do is to table this item, and I don't
know when I will have the time to step outside and get the information, but
not like this, no way.
Mayor Suarez: All right. The item is - could you withdraw the motion to
defer? The item is tabled. Try to talk to us in an hour.
McCrary: Mr. Mayor...
Mayor Suarez: Please, please, the item is tabled, folks. If you don't
understand what that means...
Mr. Cook: I understand what that means.
Mayor Suarez: It means we're going on to the next item. The item is tabled.
You have an hour to try to convince her.
Comr►JUioner Plummer: May I - OK.
Mr. Cook: Outside. We'll do it.
Commissioner Plummer: It's tabled for one hour. I would still...
Mayor Suarez: Well, we typically...
Commissioner Plummer: Excuse me, please. I would like to know. You say the
item is dead. Is there a time frame in this; is that the.problem? ,
Mr. Cook: That is correct.
Mayor Suarez: Mr. Commissioner, wait a minute, wait a minute, wait a minute,
wait a minute. I rule that question out of order. The item is tabled. That
question will not come into issue if we're able to act on it at 9:00 p.m.,
Please. That will not be an issue.
[AT THIS POINT, ITEM 25 WAS TABLED.]
EK 297 April 15, 1993
0
iYrY�iY+ii�HiYYWPiiYaYiYiiiW+Milifi{iiiiliiiiiYWiliiW68Y`i.YYiIUOl+iiiiGi.iifM1:iiYrYiiGiiiiiYiis.i.a+i.fYririM ii��il.i'i��iiT.YiYti�W4+YWiiY►aGitiiii � F
37. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO ! ;—
APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF _
tNTERAMERICAN CAR RENTAL (IN CONNECTION WITH BID NOS. 92-93-027 AND 92-
93439R) -- FOR FURNISHING CAR LEASE / RENTAL SERVICES FOR POLICE
DEPARTMENT. (See label 42)
----- -----------------------------•-------------------------------------------- it
Mayor Suarez: item 26. I've been told by the Administration that we must
pass - I'm sorry, forget item 26 - that we must pass 32-A and B. 359 36, 39,
40 and 41, and then Planning and Zoning. So item 32-A...
Commissioner Plummer: Which item first?
Mayor Suarez: I'm sorry?
Commissioner Plummer: Which item are we taking up first?
Mayor Suarez: Thirty -two -A.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: Thank you. Interamerican Car Rental. Does anybody have any
problem with this?
Commissioner Plummer: Yes, sir.
Mayor Suarez: Reject the protest of Interamerican Car Rental.
Commissioner Plummer: What was - where is the protester, and let's hear from
them.
Mayor Suarez: All right, sir.
Commissioner Plummer: They didn't want our business before, and now, for some
reason, they do.
Mr. Richard Byrd: That's not entirely true, Commissioner.
Mayor Suarez: OK. Give us your name and address.
Mr. Byrd: Richard Byrd, Interamerican Car Rental, 1790 Northwest LeJeune
Road. Mr. Mayor, Commissioner Plummer, we've bid this item each and every _
time. We've always wanted the City's business. We're a past contractor of
-- the City of Miami, and quite enjoyed it, and have continued to bid. We were
the only bid at the December agenda, and were rejected for that cause. We
were the lowest bid on the March agenda, and were rejected for an unknown
cause at this point. I've read the minutes, and apparently, there was some
discussion as to insurance. I'd be willing to answer any questions. j
Commissioner Plummer: Oh, you were not here, sir? Were you here?
EK 298 April 15, 1993
f
Mr. Byrd'.i was not. t was not aware of the . the Commission would a e w
the i to 6
CooMissioner Plummer: And the minutes do not reflect, sir, that the main
tooter" was self -insured?
Mr. Byrd: The minutes do reflect that, sir, and I'm here to answer any
questions, if i can do that.
Commissioner Plummer: Then why are you in a quandary as to why it was
deferred?
Mr. Byrd: Well, I do not understand why it was not taken at the December
meeting, when 1 was the only bidder.
Commissioner Plummer: Oh, OK.
Mr. Byrd% And i was the low...
Commissioner Plummer: I guess that's legitimate, isn't it? Is that a
legitimate question? OK.
Mayor Suarez: Well, it's legitimate. It's not particularly timely. I mean,
we, in fact, what? Threw out all the bids and started the process over again,
and required a fat this sizeableinsurance.
Why were the not selected?
You
in
were not selected particular
Commissioner Alonso: They were selected.
Ms. Judy Carter: They're not the lowest bidder. We opened bids on yesterday,
I believe, and...
Commissioner Plummer: But it was more to it than that, right? it was not
just...
Ms. Carter: He had some other issues in his letter.
Commissioner Plumer: That's right. There were other, issues. involved.
Ms. Carter: He has other issues besides the - this particular bid.
Mayor Suarez: What are those? if he has them, present them to us very
quickly.
Mr. Byrd: I believe item 32-8 will recommend the award to Royal Rent -a -Car,
sir, and at the March 11th Commission meeting, your procurement director cited
than as being nonresponsive and non -qualified, as did the using department,
the police -a Car,"would have problemll be a with that. aThey vndate been on or award to
r led non -
qualified.
Rent ,
qualified.
Commissioner Plummer: is that the truth?
Mayor Suarez: What's the answer to that, Judy?
EK
299
April 15, 1993
F_
t -
Ms. Carter: No, sir, I did not make such a decision with regards to..,
Mayor Suarez: Do you have any idea what he's referring to, that they were
deemed not qualified at one pointl
Ms. Carter: I think that may go back to the very, very first bid that we
solicited for police rentals, in which there was some concern as to why Royal
Rent -a -Car did not receive a bid at that time, and..,
Mayor Suarez: You don't remember then ever being disqualified?
Ms. Carter: No, sir. I have not disqualified them.
Mayor Suarez: All right. Sir, do you have anything further you want to say
on that before we vote on the protest?
Mr. Byrd: Mr. Mayor, I can quote you from the minutes of March 11th when, in
fact...
Mayor Suarez: Sir, give us a year, if you're going to give us a date, please.
Mr. Byrd: I beg your pardon, March 11th of 1993.
Mayor Suarez: Are you saying as recent as a month ago - go ahead.
Mr. Byrd: OK. Judy Carter was asked if Royal Rent -a -Car was a qualified
bidder, and she responded, "Absolutely not." Lieutenant Longueira was asked
if Royal Rent -a -Car was a qualified bidder, and he responded, "No, sir."
Mayor Suarez: OK. Is he quoting correctly? And 1f not, why not?
Commissioner Plummer: You know, I still have to put on the record, knowing
how the rental car business is dog eat dog...
Mayor Suarez: Why help him? He's saying that we said a month ago that they
were not qualified,
Commissioner Plummer: ... and it's incredible that a half a million dollars
of rental car business, we can only get two bidders.
Mr. Byrd: Three.
Commissioner Plummer: Oh, who's the third one? We got another one? We
increased?
Mr. Byrd: Intercontinental is the third bidder.
Ms. Carter: Yeah, we have three this time. Intercontinental, Interamerican
and,..
Commissioner Plummer: It's amazing. These people are out there and, my God,
the millions they spend on advertising and dog eat dog, for a half a million -
better than a half...
EK 300 April 15, 1993
r
atE.t a.
Try
Mayor Suarez: Co missioner Plummer, the fact that we don't tiSe P v enough
bidders has been a subject of your discussion many+ many Is there l e,answer to
try to resolve this issue and get on with the agenda.
the issue of Royal and a quote that he supposedly brought up, of the session
in March? if not, 1111 table the item and go on to the next item that you're
ready with an answer for us.
Commissioner Plummer: What are you asking us? To...
Mayor Suarez: Do you have any idea what he's referring to when he quoted from
some transcript of some... j
Mr. Byrd% Mr. Mayor, it's in the minutes. I...
Mayor Suarez: All right. We're tabling the item. item 35 - A and B are
tabled.
Ms. Carter: Sir...
Mayor Suarez: 32-A and B are tabled.
Ms. Judy Carter: Sir, sir, sir, pleaser I found it...
Commissioner Plummer: The item has been tabled, and if he doesn't r.. If
he doesn't rule you out of order, when he did me, I'm going to junk him.
[AT THIS POINT, ITEMS 32A AND 328 WERE TABLED.]
- - -- - - - - --- --- ---- ---- ------ - - ------ ------ - -----------
38. ACCEPT BID: MICONSTRUCTION
5ECOND BIDDING) 82958 CD HEIGHTS
EXECUTEPARK
CONTRACT`FIELD
CONSTRUCTION PROJECT
------------------------- -------------------------------------
Mayor Suarez: Item 35. Accepting the bid of...
Commissioner Alonso: Sall field construction project.
Mr. Cesar Odio (City Manager): Thirty-five. The reason I wanted to do this
today, Mr. Mayor...
Commissioner Alonso: Bali field construction project.
Commissioner Plummer: Go ahead, loud mouth.
Mr. Odio: these are parks that we want to get recreational activity back
on.
Commissioner Alonso: MOOD.
Commissioner Dawkins:
What item are we on now?
EK 301
April 15, 1993
Commissioner Alonso: Thirty-five.
Mayor Suarazs Thirty-five.
Mr. Jim Kay: Item Us
Commissioner Dawkins: Move it, whatever it is.
Mr. Odio: What is the bid number? Tell him. Put the amount of the bid.
Mr. Kay: The amount of the bid is...
Commissioner Alonso: Ball field, $71,747.
Mr. Kay: I'm sorry, I have it right here - $719747.
Mayor Suarez: OK.
Commissioner Plummer: Thirty-five, I haven't...
Commissioner Alonso: Seventy-one...
Commissioner Plummer: Item what?
Commissioner Alonso: Thirty-five.
Commissioner Dawkins: Thirty-five.
Commissioner Plummer: I have it listed here, cost estimate at $60,000.
Commissioner Alonso: Well, it's 71,000.
Mayor Suarez: The lowest bid is what, Jim? Put on the record, 71,000...
Commissioner Alonso: $71,747...
Mr. Odio: The bid - let me put 1t on the record.
Commissioner Plummer: Wait, wait, wait, wait, wait, wait: The... -
Mr. Odio: Wait, wait, wait, wait. The bid can over, the bids came in higher
than the estimates. _
—� Commissioner Plummer: I move that this item be thrown out.
i Mr. Odio: Why sir?
�a
Commissioner Plummer: It's very simple. You've given me two sets of numbers.
Here, you're telling me the cost estimate is $609000.
Mr. Odio: Yes. Wait, can I...
Commissioner Plummer: Now, you're telling me the cost estimate is $68,000.
EK 302 April 15, 1993 =
i
Mr• WIN NO# Abi flO# flOs nOo VM telling ydur Commissioner...
Commissioner Plurmert I read English.
Mr. Odio: ... that the bids came in higher than the estimate...
Commissioner Plummer: Sir, it's not...
Mr. Odio: ... because all bids are higher than the estimate.
Commissioner Plummer: That happens all the time. But you determine the Cost
estimate.
Mr. Odio: We estimated 60...
Commissioner Plummer: Why am I given two separate numbers?
Mr. Odio: What is the - 60 - we estimated 68 and it came in at 71.
Mr. Jim Kay: $68,000.
- Commissioner Plummer: That's not my point. The original you got 1n my backup
says $60,000; am I correct?
- Mr. Odio: Yes.
Commissioner Plummer: OK.
Mayor Suarez: Could that have been a misprint from 60 to 68?
Commissioner Plummer: $68,0009 68-5. how did it change? I invoke the rule.
Mr. Odio: Why? It was in the agenda.
Commissioner Plummer: Sir, what you got on the agenda is...
Mr. Odio: You can invoke the rule, but not on this item because...
Mayor Suarez: I guess what he's saying technically is that what he has on the
agenda package in writing is not what he is being asked to vote on today, and
- that's why he invokes the rule. The Chair rules that the item is not the one
before us.
Commissioner Plummer: Mr. Mayor, Mr. Mayor, I don't want to do that to the
- park...
—! Mayor Suarez: All right. Thank you for not invoking the rule.
—i Commissioner Plummer: But damnit, I'm not going to sit here, sir, and have the Administration give me one set of numbers in my documents, and another set
z of numbers that they're working off of. It makes me look like a fool.
Mr. Kay: The one is sixty-eight, five; that's what this one is. I... -
i
EK 303 April 15, 1993
comrmissioner Pluesners sir* I just showed it to you. Ilm not arguing6 these
are your nuthbers.
Mr. 0dio. So they made a typo.
Mr. Kay: Made a mistake.
Commmissioner Plummmor: Then correct the typo, tell me that you made a mistakes
for God sakes. Live up to it.
Mr. Odio: gig deal. Let me tell you something. I made a decision yesterday
to leave this item on$ in spite that it went over, because we need to put this
park back to work.
Commissioner Plummer: Mr. Manager, I have no problem with it going over the =
bidding. But give me numbers that are apples to apples. That's all I'm
asking you.
Mr. Odio: But the real number is the one we're going to have to pay. $710000
you're going to have to pay.
Commissioner Plummer: Fine. Move it, Mr. Mayor. Let whoever wants to move
it....
Commissioner Alonso: Yes, move it. —
Mayor Suarez: All right. So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Who is - what's the company's name?
Commissioner Alonso: Miri.
Commissioner Plummer: Who? f
Mr. Kay: Miri Construction.
Commissioner Alonso: Miri Construction.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Alonso: I like it.
EK 304 April 15, 1993
a xtS
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-256
A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION,
INC., IN AN AMOUNT NOT TO EXCEED $119474.009 TOTAL BID
OF THE PROPOSAL FOR GRAPELAND HEIGHTS PARK - BALLFIELD
CONSTRUCTION PROJECT (SECOND BIDDING) B-2958-C;
ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 109389 PROJECT NO.
331310; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM TO PROVIDE SAID SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
39. ACCEPT BID: LEADER CORPORATION -- FOR WILLIAMS PARK REDEVELOPMENT -
PHASE II - BASKETBALL COURTS PROJECT (SECOND BIDDING) B-2981-A --
EXECUTE CONTRACT.
Mayor Suarez: Item 36.
Commissioner Dawkins: How much?
Mayor Suarez: Accepting the bid. Amount?
Commissioner Alonso: $44,360.
Mr. Cesar Odio (City Manager): That came in with...
Mr. Kay: Yes.
Mayor Suarez: Company?
Commissioner Plummer: How much?
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305
April 15, 1993
.rA'A k i
p
Mr. Odiot $44*3606
Mayor suaret: Company's name?
Camimissioner Plummer: They came in way under cost estimate.
Mr. Kay: I know there was another typo. See, they had two typos at $60,000.
Commissioner Alonso: Move it.
Commissioner Plummer: This one here is telling me - you mailed out 260
invitations?
Mr. Kay: Yes, sir.
Mr. Odio: Yes, sir.
Commissioner Plummer: How many bids did you get back in?
Commissioner Alonso: Fourteen.
Mr. Kay: For this one, we received three bids.
Commissioner Plummer: Two hundred and...
Commissioner Alonso: Three contractors submitted bids, finally.
Mr. Odio: We received three.
Commissioner Alonso: Fourteen picked up information.
Commissioner Plummer: OK, fine, proceed.
Mayor Suarez: Sounds like the money we're spending on postage could probably
reduce all of our work estimates here. All right. On 36 we have a motion and
a second. What's the name of the company?
Mr. Kay: Leadex Corporation.
Mayor Suarez: Al right. Moved and seconded. Any discussion? If not,
please call the roll.
Commissioner Dawkins: Minority or non -minority?
Commissioner Alonso: No. We don't have a...
Mr. Odio: It is a minority.
Commissioner Alonso: Hispanic Miami.
Commissioner Dawkins: Minority or non -minority?
Commissioner Alonso: Hispanic Miami.
EK 306 April 15, 1993
a
Commissioner Dawkins: OK, fine, no problems OK, go ahead.
Commissioner P1mmer: Hispanic, I think that's a minority.
Commissioner Alonso: Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-257
A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION,
IN AN AMOUNT NOT TO EXCEED $44,360.009 TOTAL BID OF
THE PROPOSAL, FOR WILLIAMS PARK REDEVELOPMENT - PHASE
II - BASKETBALL COURTS PROJECT (SECOND BIDDING) B-
2981-A; ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR
1991-92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938,
PROJECT NO. 331351, IN THE AMOUNT OF $23,000.00 AND
PROJECT NO. 331318 IN THE AMOUNT OF $219360.00 TO
COVER THE CONTRACT COST, FOR A TOTAL OF $44,360.00;
FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM TO PROVIDE SAID SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None*
i
i
EK
307
April 15, 1993
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40. (A) COMMENTS BY COMMISSIONER PLUMMER CONCERNING THE NUMBER OF SWORN,
FULL-TIME POLICE OFFICERS ASSIGNED TO BAYSIDE.
(B) DIRECT CITY ATTORNEY TO BEGIN COMPETITIVE BID SELECTION PROCESS IN
CONNECTION WITH SELECTION OF A LAW FIRM TO SERVE AS BOND COUNSEL FOR
PROPOSED REFINANCING OF THE BAYSIDE PARKING GARAGE BOND ISSUE.
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Mayor Suarez: Item 39.
Mr. Cesar Odio (City Manager): Yes, sir. This is the refinancing of the
parking garage in Bayside. The Rouse company wants to undertake this. It
will mean savings to the City, direct savings to the City of over $300,000 a
year. I would strongly recommend that we...
Commissioner Plummer: Oh, whoa, whoa, whoa, whoa, whoa, whoa. That's nice
what Rouse wants, but what about what I want of those 13 policemen back to
fight crime on the street?
Mr. Odio: It's got nothing to do with policemen. It's got to do with
refinancing and...
Commissioner Plummer: Oh, sir, sir, Rouse hasn't got anything yet, and they
might not get it if I don't get my policemen back to fight crime. I would
like to see this matter deferred.
Mr. Odio: All you're doing here is selecting the underwriters to start the
process.
Commissioner Plummer: I might not do it.
Mr. Odio: They have to come back to you.
Commissioner Plummer: If they're going to be obnoxious and not sit down and
negotiate about may policemen...
Mr. Odio: At our expense?
Commissioner Plummer: At our expense?
Mr. Odio: We're going to lose savings of $300,000 a year, Commissioner.
Commissioner Plummer: Sir, I'm saying that they have at this point refused to
negotiate...
Mr. Odio: I only get paid to tell you what...
Commissioner Plummer: ... about the policemen.
Mr. Odlo: That's it. Defer it.
EK
308
April 15, 1993
Commissioner Plumirers Nowt Mr. Siplint can 1 have assurance from you that if
wa vote on this, sir, that Rouse is going to entertain discussions with the
Administration in reference to getting may police officers back out on the
street?
Mr. Gary Siplin: Well, I think Rouse is in a position to discuss the police
situation. Commissioner, as you well know, we have a crisis in Florida, to
the extent that our tourists are being...
Commissioner Alonso: I know, that's why we need that...
Mr. Siplin: ... robbed, and assaulted and murdered.
Commissioner Plummer: At least tell me you will sit down ...
Mr. Siplin: And Bayside, Bayside is a central tourist...
Commissioner Alonso: I know.
Mr. Siplin: ... attraction for Miami, and we don't want to have a negative
economy here by taking away police officers that make Bayside, a major
attraction, comfortable for not only Dade County citizens, but, I mean,
Germans, and Europeans and the like.
Commissioner Plummer: I think Chief Ross says you're preaching to the choir.
OK? Now, you are probably the only business that I know of 1n Downtown Miami,
and they all cater to tourists, that through the goodness of this Commission's
heart, you have 13 full-time policemen. Every other company realty should
have that same right as what you have. I am asking, sir, to negotiate with us
so that I can put those policemen back out on the street, and put the guards
or whatever else the Administration wants to do, I need policemen on the
street.
Mr. Siplin: Well, just as a point in fact, you know, those police officers
not only service Bayside. Intercontinental, Biscayne Boulevard, all Downtown,
not just necessarily Bayside.
Commissioner Plummer: Gary...
Mr. Siplin: But Bayside is interested in sitting down with you to discuss the
police situation.
Commissioner Plummer: All I asked you is to sit down and talk with the
Administration.
Mr. Siplin: We'll do it, yes. sir.
Commissioner Dawkins: Attorney, you're representing Bayside this time?
Mr. Siplin: Which includes...
Commissioner Alonso: He's so good, everybody wants him.
EK 309 April 15, 1993
CoMissioner Plumer: Well* you know he has a hat store that he se118 all
different hats in.
Mr. Siplins ... which includes the minority partners and the general Partners
this time.
Cmmissioner Alonso: The actions of this morning are helping this one.
Mayor Suarez: let me ascertain...
Commissioner Plummer: Who is Alex Brown and Sons?
Mr. Odio: They're underwriters.
Commissioner Plummer: I understand that, but who are they? Are they a local
company?
Mr. Siplin: They have a Florida office...
Commissioner Plummer: Why were they chosen instead of a local company?
Commissioner Alonso: Because they have it from Baltimore.
Commissioner Plummer: Baltimore is their problem.
Commissioner Dawkins: Because Rouse is in Baltimore and they are in
Baltimore.
Commissioner Plummer: Excuse me. Mr. Manager, are not the bonds the City's
responsibility? I thought we owned the garage.
A. Quinn Jones, III, Esq. (City Attorney): Not in this instance.
Commissioner Dawkins: Well, who owns the garage?
Commissioner Plummer: Then why are they asking us for permission?
Commissioner Dawkins: Wait a minute. Who owns the garage? Who owns the
garage?
Mr. Odio: Bayside.
Commissioner Plummer: They own the garage?
Commissioner Dawkins: Well, why you come here this morning and want my
permission...
Commissioner Plummer: I don't understand.
Mr. Carlos Garcia: The bonds are sold through the City as a conduit. We are
not responsible for the debt service on the bonds, but because they are sold
through the City, they get a tax exemption.
EK 310 April 15, 1993
k
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Mr. 0dio: Yet, we share in the profits. we got to share and get back at
least $3000000 a year. -
Commissioner Alonso: I trove that we do it.
= 1
Commissioner Plummert OK. I'm just - but I still would like to know why
they're picking a company out of Baltimore. We have a lot of local good
companies here. —
Mr. Garcia: Besides the Baltimore company, they'll have local representation.
They have minority, black and Hispanic companies, and they could have
additional companies as well.
- I-
Vice Mayor De Yurre: What companies are those? —
Mr. Siplin: We have Guzman Associates, Siplin/Hardeway, Howard Gary.
Vice Mayor De Yurre: Siplin and who? Is that you, too?
Commissioner Plummer: Howard Gary is now from Baltimore? —
Commissioner Alonso: No, Miami. 1
Mr. Siplin: That's me, yes, sir.
Vice Mayor De Yurre: That's you. So you represent Bayside, you are an
underwriter, you represent the minority partners, the general partners.
Mr. Siplin: When you got it, you got it, Commissioner.
Commissioner Plummer: I want to tell you, if you start embalming bodies, you =_
and I are going to go to task.
Mr. Siplin: That's next.
Mayor Suarez: What is your role, sir?
Mr. Suda: I'm David Suda, pension administrator, City of Miami General -
Employees and Sanitation Employees Trust. I'd like to have the Commissioners'
consideration of Resolution Number 38, appointment and reappointment of two
trustees.
Commissioner Plummer: What? _
Commissioner Alonso: Oh. Let's just finish with this item first._
Mayor Suarez: Oh, very good. Well, that doesn't sound like it would be a
problem. I
Commissioner Alonso: Yes, yes, yeah.
Mayor Suarez: But we're trying to finish 36. All right. —
Commissioner Alonso: I move it.
— EK 311 April 15, 1993
14
Y p` 4
Commissioner Plummer: May I inquire? One more question. What fee will be
paid to these at arm's length underwriters? What fee? I want to know. What
fee will be paid to their?
. Mrs Garcia: Comrrmissioner, that has not been established at this time. That
is something that Bayside will have to work with the underwriters. All the
cost will be...
Commissioner Plummer: Then if you're asking me to approve it...
i
Commissioner Dawkins: I defer this until you come back and tell me what the
minority piece will be.
Commissioner Plummer: ... i - until you tell me what the fee is, I will
second the motion to defer.
Mayor Suarez: Moved to defer. Seconded.
Commissioner Dawkins: Defer until you cane back and tell me what the minority
piece will be. I don't need no, again, no David Copperfield smoke and
mirrors.
Mr. Sip11n: We have a representative. We have a representative from the
underwriters.
Commissioner Plummer: Mr. Garcia, this is not the first time, sir. You know
_ I ask that question every time. What is the fee of the underwriters. '
Mr. Garcia: Commissioner, th
at transaction - that transaction - this item is
in front of you today to ask for your approval to obtain bond counsel.
Nothing else has worked out on this.
Commissioner Plummer: Sir, I would strongly suggest in the future, whenever
you bring one of these issues before us, that you be prepared to answer that
question.
Mr. Garcia: Commissioner, I'm not bringing this issue today either. The City
Attorney is bringing this issue today. We'll bring it to you - back to you
next month and by that time, we'll have that information. OK?
Commissioner Plummer: Because we're going to defer it today. OK.
Mr. Garcia: Sir, today, Commissioner, all we're doing today is asking your
approval to get bond counsel through a selection process, through a
competitive selection process. Next time, we'll have to bring back the
-- transaction and we'll give you that detail that you're asking at this time.
Commissioner Alonso: That's all they want at this point. It will have to
cane back to us. We are just giving - it will cone back to us with the entire
information.
Mayor Suarez: You have plenty of bites at the apple, Commissioner.
EK 312 April 15, 1993
u
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lk
Commissioner Alonso: Yeah. So...
Vice Mayor De Yurres OK. For the record, Mr. Mayor, Mr. Odio, you said that
there's going to be a savings of $30090007
Mr. Odio: Minimum.
Vice Mayor De Yurres That what 1s it? That we don't have to kick in or
that we're going to get on top of?
Mr. Odio: No, they will - we will have that revenue, revenue to us.
Commissioner Plummer: Well, why am I reading...
Vice Mayor De Yurre: So we're going to get an extra $3000000 a year from
this?
Mr. Odio: Minimum.
Vice Mayor De Yurre: OK. You have just found the $300,000 for the Trauma
Center...
Commissioner Plummer: Excuse me, Mr. Manager...
Vice Mayor De Yurre: ... that you needed.
Mr. Odio: Sure, but pass it first.
Commissioner Plummer: ... why am I reading from your memo, it says the
underwriters.
Mr. Siplin: It's my memo.
Mr. Odio: It's his memo.
Commissioner Plummer: It's your memo.
Mr. Odio: I don't write then anymore.
Commissioner Plummer: Why does it say the underwriters for the Rouse company?
Mr. Jones: Why does 1t say that? Because that's what they requested. The
bottom...
Commissioner Plummer: You said...
Mr. Siplin: The bottom line...
Commissioner Plummer: Somebody told me it was bond counsel.
Mr. Jones: It is bond counsel. If you lose...
Mr. Odio: The underwriters for Rouse Company, Alex Brown and Sons, are
estimating this transaction will produce large savings that will contribute to
the cash flow of the parking garage.
EK 313 April 15, 1993
�rt
Commissioner Plummer: Mr. Manager, 1s there not a difference between
underwriters and bond counsel?
Mr. Odio: In order to start this process, 1t is necessary to select bond
counsel.
Commissioner Plummer: Mr. Manager, is there not a difference between
underwriters and bond counsel?
Mr. Jones: Of course, there is.
Mr. Odio: Yes, it is.
Mr. Jones: The bottom line is this...
Commissioner Plummer: This clearly states underwriters.
t
Mr. Jones: Commissioner, 1f you read the last paragraph, it says at this
time, it is necessary to start the process of selecting bond counsel. That's
what we're asking for. The most recent selection was done on a competitive I
basis, da, da, da, da, da. f
Commissioner Plummer: Da, da, da, da, da.
Mr. Jones: We request the City Commission approve of the following
competitive process for the selection of bond counsel.
Commissioner Plummer: I call the question on the motion.
Mr. Odio: What is the motion?
Commissioner Plummer: The nation is to defer. You heard it. And I don't
want to do that, but you give me no choice.
Mayor Suarez: All right. On the time before us, any further questions? Have
we clarified all the relationships? And this doesn't have all that much to do
with this. I'll entertain a motion on 39.
_ Commissioner Plummer: Motion has already been made and seconded, sir.
Mayor Suarez: All right. Call the roll then.
Commissioner Plummer: To defer.
Commissioner Dawkins: The motion is to defer.
Mayor Suarez: I'm sorry. I thought the motion to defer was withdrawn.
Commissioner Plummer: No, sir. He made it, I seconded it.
Commissioner Alonso: As a matter of fact, I had made a motion to approve as
presented and...
EK 314 April 15, 1993
Y
Ma -
Commissioner Dawkins: A11 A. OWN
right, wait a �ninu Co r. nager...
Commissioner Alonso: that was the first one, and nothing happened with it.
Commissioner Dawkins: Mr. Manager, do you lose the $300,000 if we defer it?
Mr. Odio: There's a window to any of these transactions. If you delay this,
the interest could change, and you could really very well lose it, yes.
Commissioner Alonso: It means money to us, so we better approve it.
Commissioner Dawkins: Well, say that. Why in the hell won't you say that?
Mr. Odio: I'm saying it now.
Commissioner Alonso: So let's approve this.
Commissioner Dawkins: All right. I withdraw my motion to defer.
Commissioner Alonso: Thank you.
Commissioner Plummer: Hell of a way to run an airline.
Commissioner Alonso: So I move that we approve what's presented to us.
Mr. Odio: Yes, sir, may I remind you of Dinner Key Marina?
Mayor Suarez: So moved to select bond counsel.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Mr. Manuel Gonzalez-Goenaga: In Cuba.
Mayor Suarez: Mr. Gonzalez-Goenaga, in Cuba, you would have been behind bars
a long time ago.
Commissioner Plummer: We needed that to keep us awake.
Commissioner Alonso: Yes.
Mayor Suarez: Call the roll on the item.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-258
A MOTION A MOTION DIRECTING THE CITY ATTORNEY TO BEGIN
THE COMPETITIVE BID SELECTION PROCESS AND MAKE A
RECOMMENDATION TO THE CITY COMMISSION IN CONNECTION
WITH THE SELECTION OF A LAW FIRM TO SERVE AS BOND
COUNSEL FOR THE PROPOSED REFINANCING OF THE BAYSIDE
PARKING GARAGE BOND ISSUE
EK 315 April 15, 1993
t `�tF:•- q 'YID" _ '-6 � � 1
Upon being seconded by Vice Mayor De Yurre, the motion was passed and
adopted by the following vote:
AYES: Comissioner Miriam Alonso
Comissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None,,
ABSENT: None.
commissioner awith
Plummer:
Administration, expecting,
ndtI want rto Sknow th thatat the fees are being
to
negotiate with this
paid.
Mr. Sipiin: Sure. I'm leaving now, OK?
Commissioner Dawkins: And don't come back here for Rouse no more.
rrrr_rrr_rr_rrrrrr_r_rrrr__r_rrrr_r_ _rrr __r_r
------------ --
41. APPOINT / CONFIRM INDIVIDUALS TO SERVE AS MEMBERS OF THE GENERAL
EMPLOTEEW111 rd Fair; AconflrmedLwas�SRose Gordon.) TRUST. (Reappointed
was.
_rNrrrrr.►rr_r_rr_r_rrr_rr_rrrr_rrrr_r_rrrr
--------------------------NNNN_
Mayor Suarez: You wanted an appointment on item 38, Does anyboy nave a
problem with the appointment?
Commissioner Alonso: What? I move it.
Commissioner Plummer: Mr. Mayor, we're ready on 319 on that issue.
Mayor Suarez: We're on 38 though, because I...
Commissioner Dawkins: We're on 389 because the gentleman...
Mayor Suarez: Yes, on item 389 the individual confirmed as representaartive to
o
the General Employees and Sanitation Employees
d that
individual recommended is?
Mr. David Suda: Robert Cummings, and reappointment...
Mayor Suarez: OK. I will entertain a motion that.
Mr. Suda: And reappointment of T. Willard Fair.
Mayor Suarez: I believe that Commissioner Alonso moved him.
Commissioner Alonso: Yes.
EK 316 April 15, 1993
Mayor Suarez: go you second?
Commissioner Plummer: Just for the record, we all know of the intent of Mr,
Fair to run for Mayor is that of any consequence on this?
A. Quinn Jones, III, Esq. (City Attorney): Yeah, because if he's intending to
run for Mayor, then the statute, Florida statute requires - the resign to run
statute requires that he must submit a...
Mayor Suarez: Dual office holding?
Mr. Jones: Yeah. Irrevocable...
Mayor Suarez: Well, he's not filed yet, has he?
Commissioner Dawkins: No, no, he hasn't.
Mayor Suarez: OK.
Mr. Jones: Yeah, but even before he can qualify, he would have to submit...
Commissioner Plummer: All right.
Mr. Jones: ... an irrevocable letter of resignation.
Commissioner Alonso: So are they aware of this?
Mayor Suarez: All right. If that issue comes up, would somebody remind Mr.
Fair and this Commission?
Commissioner Plummer: Somebody remind him, not us.
Commissioner Alonso: Why do you want to appoint him if you know he's going to
run for office?
Vice Mayor De Yurre: All right. What's the time you have to resign by?
Mr. Jones: It's ten days prior to the first day for qualifying. However, the
City of Miami doesn't have a first day for qualifying, and the Attorney
General has opined that the interpretation here would be that it would be ten
days prior to the close of the qualifying period.
Mayor Suarez: Ail right. So it ought to be sometime at the beginning of
September. All right.
Commissioner Dawkins: So moved.
Commissioner Plummer: August.
Mayor Suarez: Somebody remind him of that, please, and remind us if he should
file. Moved. I mean, it was moved by Commissioner Alonso.
Commissioner Plummer: Second.
EK 317 April 15, 1993
nab. wsr -.
Mayor Suarez: Seconded by Commissioner Dawkins. Call the roll.
Commissioner Plummer: well, I think in fairness, Mr. Mayor, I would hope that
the City Attorney would write Mr. T. Willard...
Mayor Suarez: He will do that.
Commissioner Plummer: Write him a letter so that there is no question as to
his understanding and knowledge that should he run, which he has indicated he
will, that e what he will have to do or not do.
Mayor Suarez: And if - Mr. City Attorney, 1f that creates any problems for
you, let me know and I'll write him a letter. It has the same effect. All
right. Moved and seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-259
A RESOLUTION APPOINTING AN INDIVIDUAL AND
CONFIRMING
THE APPOINTMENT OF AN INDIVIDUAL AS MEMBERS TO THE
CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION
EMPLOYEES' RETIREMENT TRUST, FOR TERMS AS
DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here
and on
file in the Office of the City Clerk.)
Upon
being seconded by Commissioner Dawkins, the
resolution was passed
and adopted
by the following vote:
AYES:
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES:
None.
ABSENT:
None.
EK 318 April 15, 1993
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IN
_ I
42. (Continued discussion) APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO -
REJECT PROTEST OF INTERAMERICAN CAR RENTAL (BID NOS. 92-93-027 AND 92-
93-039R) -- FOR FURNISHING CAR LEASE / RENTAL SERVICES FOR POLICE
DEPARTMENT. (See label 37) '
-----Y------i—i------------------------------
- i
Mayor Suarez: You said you had 31 ready?
Ms. Judy Carter. Thirty-two.
Mayor Suarez: Thirty -two -A and B. We were considering...
Commissioner Plummer: Is this...
Ms. Carter: Unfortunately, there was a misrepresentation...
Commissioner Plummer: Oh, not this one again.
Ms. Carter: ... at the last meeting, at the last Commission meeting of March
11th, the City Commission should recall that we entertained a very lengthy and
detailed discussion regarding not only the bid that had been received, and we
received two bids from that particular project, but also went into a very
lengthy discussion on the insurance requirements. I have before you page 10
of the minutes, which makes it very clear that this Chief Procurement Officer
did not say that Royal Rent-A-Car was not qualified. I, in an attempt to
clarify the ongoing discussions that were taking place, made it very clear
that Royal had submitted their bid. However, the bid that we received on
March 11th, they were not the lowest bidder, period.
Mayor Suarez: All right. Anything further? If not, I'll entertain a motion
on the protest.
Commissioner Plummer: All right. So on the protest, we're saying that this
is Interammmerican and you have denied the protest; is that correct?
Ms. Carter: Yes, sir.
Mayor Suarez: Right. Approving Chief Procurement Officer's decision to
reject the protest of Interamerican.
Commissioner Plummer: So move.
Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the
roll.
EK 319 April 15, 1993
n+n.......... .
z $ 4
' S
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-280
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST RECEIVED FROM
INTERAMERICAN CAR RENTAL IN CONNECTION WITH BID NOS.
92-93-027 AND 92-93-039R FOR THE FURNISHING OF CAR
LEASE/RENTAL SERVICES FOR THE POLICE DEPARTMENT, AS IT
HAS BEEN DETERMINED TO BE WITHOUT MERIT. _
(Here follows body of resolution, omitted here and on --
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote: -
AYES: Commissioner Miller J. Dawkins =_
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
43. AUTHORIZE CITY MANAGER TO APPROVE CONTRACT AND AWARD BID TO ROYAL RENT -
A -CAR FOR 30 DAYS (CONTINGENT WITH AN 11-14ONTH EXTENSION) THROUGH MAY
13, 1993 AT WHICH TIME COMMISSION WILL DETERMINE APPROPRIATE ACTION TO
FOLLOW -- FOR FURNISHING AUTOMOBILE RENTAL SERVICE TO POLICE DEPARTMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 32-B, accepting the bid of - is it Royal now?
Lt. Joseph Longueira:: Royal Rent-A-Car, sir.
Mayor Suarez: All right, moved.
Commissioner Plummer: Who?
Lt. Longueira: Royal Rent-A-Car, sir.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussions?
Commissioner Plummer: I'm sorry, Mr. Mayor, I do not have that in my
possession. Do I have the name or the amount?
Mr. Ron Williams (Assistant City Manager): I just handed it to you.
EK 320 April 15,1993
r.#r +may
Cissioner Pluper: You did? Where did you hand it to me?
Mr. Williams: Right here.
Commissioner Plummer: All right. May I have the opportunity, a second to
read it? I mean - thank you, sir. I'm concerned if this company has the
insurance. Has the Risk Management Department gone through? Is this -
checked the insurance policy of this commpany? Hello?
Ms. Carter: Yes. Uh...
Commissioner Plummer: Do you have a copy of the policy?
Ms. Carter% We asked for the insurance policy - they must sign an insurance
requirement forms indicating...
Commissioner Plummer: Well, no, whoa, whoa now. Where we got into trouble
before was ► nd 'outs that they were but when set f-i nsured,, which this went and hecked City Commission
didn'ttter
out, you found
didn't feel was adequate.
Mr. Odio: No. That was the other company.
Commissioner Plummier: I understand. I'm asking in this company...
Commissioner Dawkins: It has insurance.
Commissioner Plummer% ... have you seen the policy?
Unidentified Speaker: Yes.
Commissioner Plummer: You've seen the policy?
Unidentified Speaker: Ss.
Commissioner Plummer: And it's specifically written that it indemnifies the
City?
Unid
have itifl insurance that theythe
havecontract
acco according to the limites the s.thatWhat
we sett
have is, the
and they meet those limits.
Commissioner Plummer: OK. The only thing I'm going to ask, Mr. Manager, I
want a full and complete log kept on every vehicle; when it was taken out,
when it was brought back, and what it was used for.
vice Mayor De Yurre: And daily mileage check.
Commissioner Plummer: That's it, exactly. I'll move the item.
Mayor Suarez: So moved.
Ms. Caroline Weiss: Excuse me, Mr. Mayor.
EK 321 April 1591993
Mayor 5uaret: Yes, Caroline.
Ms. Weiss: And members of the Commission. I think on Tuesday there was three
bid openings. interaarican, Royal, and Intercontinental, and is this what is
being heard right now?
Mayor Suarez: Yes. We've about to vote.
Commissioner Plummer: Well, I thought you were Royal.
Ms. Weiss: No, I am Intercontinental Rent-A-Car, and there is Interamerican, and this is Royal.
Commissioner Plummer: Is that the one rejected?
Mayor Suarez: OK. Interamerican filed...
Ms. Weiss: And I am the lowest...
Mayor Suarez: Wait, wait, wait, wait. Interamerican filed a protest. That's
why they were heard. You presumably didn't file a protest, but what is your
view of all of this?
Commissioner Plummer: Well, who is Royal?
Mayor Suarez: Why should we now select the lowest bidder?
Ms. Weiss: The bid was reopened and it was submitted on Tuesday at 11:30, and
there was three bidders. And I think these three bids should be reviewed.
should be discussed, and the rate should be analyzed, including the insurance,
which neither one has any comprehensive insurance. They are both self -
insured. And also...
Mayor Suarez: Well, we just covered that. They, Royal will have to satisfy
the insurance requirements prescribed which were - what was the limits
prescribed?
Unidentified Speaker: One hundred, 300,000, and they have insurance.
Mayor Suarez: One hundred, 300,000.
Commissioner Plummer: Joe, this here says that there were two bids received._
You told me three.
-
Ms. Weiss: That's correct. Three bids were opened at 11:30. I was present.
Commissioner Plummer: Excuse me. What I have in front of me, which is the —
thing you just put in front of me, that there were bids received, two.
Ms. Carter: If it's a typo, sir, let me... ?-
1
Commissioner Plummer: Well, we got nothing, you know, we got nothing but i =_
typos all day long.
EK 322 April 15,1993 _ f
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L .IuF,kt .,:wy ads
LY •k
Ms& Carter: Well, the way it's been going, it is three bids, sir.
Commissioner Plummer: Well, I'm telling you what's here. Now, may I see
something relating to the third bid?
Ms. Weiss: I have a copy here with...
Commissioner Plummer: No, excuse me. I don't pay you.
Mayor Suarez: What were the figures of the three bids?
Commissioner Plummer: I pay some damn high prices for right information.
Mayor Suarez: Read them into the record, please. Please. Read the bids into
the record.
Lt. Longueira: Mr. Mayor, OK. There were two options. In Option A. Royal
Rent-A-Car was $635 a month; Intercontinental didn't bid on Option A; and
Interamerican bid $649 a month, OK. Option A is with the $100 deductible
insurance and the preferred option.
Mayor Suarez: $100,000.
Lt. Longueira: OK. Option B. Royal Rent-A-Car was $627; Intercontinental was
$599; and Interamerican was $639. Intercontinental, though, on Option B, also
put a mileage charge of 20 cents a mile, over 1250 miles. The other two
companies did not put a mileage charge.
Mr. Odio: But wait...
Commissioner Plummer: 1250 miles a month?
Ms. Carter: Per month.
Lt. Longueira: Per month.
Mr. Odio: You're missing one point.
Lt. Longueira: And also, Intercontinental also had a letter attached to their
thing. It says, "It is understood that Intercontinental Rent-A-Car requires
for itself to be indemnified and held harmless up to a sun of $1,000,000, as
1s normally required when a City leases its own property to others." They
were asking us to indemnify than.
Ms. Weiss: No, that's...
Lt. Longueira: That's not acceptable to us.
Mr. Odio: Besides that...
Lt. Longueira: We selected Option A.
EK 323 April 15,1993
F
Mr. Odio: Excuse Imo Commissioner. You batter listen to the whole item. the -
-
tow - Intercontinental was judged, considered nonresponsive, because in -
-
addition to her monthly charge, she charges for mileage. So she was not _
listed as a bidder, because we considered her as nonresponsive.
Ms. Weiss: I disagree with the City Manager because...
Mr. Odio: No, I'm just reading from this, ma'am.
—
Ms. Weiss: I know there is nothing disqualifying about mileage or nonmileage,
—
and what we are - we are showing here that the bid that we are offering is
lower then the other two submitted.
Commissioner Plummer: All right. If they were declared a nonbidder, then —
that's why the information is not here. But you don't - I didn't see that.
-
Mayor Suarez: OK.
Lt. Longueira: We recommend Royal Rent-A-Car, Mr. Mayor.
Mayor Suarez: What's the item number in the acceptance of the bid? 32-B? On -
32-B9 do we have a motion and a second?
Commissioner Dawkins: Yeah.
Ms. Weiss: I would like to put myself on the record that if Royal Rent-A-Car
1s accepted at this Commission meeting that I am herein protesting and I'm
putting this on the record.
Mayor Suarez: OK. You may want to check on the proper procedure for protest,
but we certainly have heard some of the elements of your protest.
Commissioner Plummer: Is she within the time frame of a protest?
Ms. Carter: Yes. However, we... f
Commissioner Plummer: Then if she protests, then we will not take any action i
--
tonight, because we have established a policy that we will not make an award .=
=
where a protest has been registered without a determination. Correct? Am I
correct? I mean, it makes - we're damn fools to go ahead and award something,
=
then hear a protest. That's what I'm saying. -
Ms. Weiss. I would like to suggest... ?:
Mayor Suarez: Wait, wait, wait, wait, wait. That - I think he has managed to —
_
misstate it in about five different senses, but what is it exactly...
—
Commissioner Plummer: Tell me how I did. -
-
Mr. Williams: I think the procedure should be as we did earlier. We received
three other protests earlier, as you well know, that we did not have time to
respond. We advised you of them, we put them on - put you on the record, and k
proceeded.
EK 324 April 15,1993
w .w.
f
v.
Mayor Suarez: is there a f mai pretest from Interamericant first of ail?
t -
Mr. Odio: intercontinental.
Mayor Suarez: intercontinental, I'm sorry. °
Mr. Williams: No, no sir, not at this time.
Mayor Suarez: OK. There is no protest. Now, 1f there were a protest, it
would be precluded from acting today?
Commissioner Plummer: No, it was our policy that said that.
Mr. Williams: If there were, if there were a protest, you have asked us to
bring 1t to you, if we had time, prior to the award. But, I mean, we don't
have a written protest at all.
Mayor Suarez: How can we do that 1f we don't even have one?
i
Mr. Williams: Exactly.
Mayor Suarez: But we've heard some of her testimony as to why she would
protest. We've heard your statement that this bid is not even a qualified
bid. We don't deem it qualified for at least two reasons.
Ms. Weiss: How can I protest before having the matter being heard before the
Commission? Unless I have a crystal ball to come here prepared with a
protest.
Commissioner Plummer: First, you have to have your protest heard before the
Procurement Office. They make a determination and recommend to us.
Mayor Suarez: When were the bids opened?
Unidentified Speaker: On the 13th, sir.
Ms. Weiss: On the 13th at 11:30.
_ Mayor Suarez: That's not a lot of time, but you - therb is a procedure for
protest. Anyhow, we've heard most of your arguments. f
Ms. Weiss: But at the opening, Mr. Mayor and Commission members, at the
opening there was no discussion as who is being awarded. It was said, OK,
these are the three bidders, and that's it. There was no further discussion.
Mayor Suarez: Well, you're still within the time, as incredible as it sounds,
you're still within the time for filing a protest, right?
Commissioner Plummer: Yeah, but isn't it a little ludicrous that you're going
to make an award, and then she's going to file a protest after you ve already
made an award? j
Mayor Suarez: All right. It's up to... `
EK 325 April 15,1993 !
CoMisaioner Dawkins: We will not change the award. We just got to...
Mr. Williams: At this point, Mr. Mayor, you have before you a competing
vendor that is expressing their difference of opinion with regards to the
recommendation.
Mayor Suarez: And may or may not have qualified, be a qualified bidder, and
responsible bidder. It's up to the Commission, whatever you want to do.
Commissioner Plummer: What is happening around here?
Mr. Byrd: Mr. Mayor, 1f I may. Once again, Richard Byrd, for Interamerlcan
Car Rental. '
Mayor Suarez: interamerican.
Mr. Byrd: I, too...
Mayor Suarez: You never cease to come back.
Mr. Byrd: Well, this is my first time, sir. If I had done this properly, I
would have been here last time, and maybe we wouldn't be here tonight. Once
again, I will, too, protest this award if made so this evening, and I'd like j
to reiterate that I have twice before submitted fully compliant bids that were
rejected by this Commission; last time, for insurance specification reasons,
and Commissioner Plummer, you had the most concern, and you were concerned as
to my self-insurance. The bid specifically said that self -insurers, qualified
self -insurers were acceptable. I am such. I have my State certificate. I am
self -insured only to the level of $200,000. I have...
i
Commissioner Plummer: That was the Mayor, about sovereign immunity. '
_- Mr. Byrd: I have excess insurance of $1.8 million in excess of that. I more
than met the requirements of the bid...
Mayor Suarez: I had no problem with your bid the last time around, as you
know, but that's the way it was voted on. i
Mr. Byrd: Yes, I know, sir. But unfortunately, I was not aware of the
Commission meeting, and I was not here to represent myself. Once again, my
- last bid, as was my first bid, were both fully compliant to your specs, and
were rejected. for those reasons, I am here to answer any Insurance questions
you might have.
Commissioner Plummer: Well, ask the administration, why were you rejected.
Put it on the record.
Mr. Byrd: Commissioner...
Commissioner Plummer: No, no, not you, sir. The Chief Procurement Officer,
why did you reject...
Mayor Suarez: They're not the lowest bidder.
EK 326 April 15,1993
_ 1:
Mr6 Byrd: Commissioner Plummer, I have to interject here.
Mayor Suarez: He's not rejected.
Mr. Byrd: But I believe that I came here with Procurement's recommendation as
well as the using department.
Mayor Suarez: You're talking about the prior round. Why? Because the
Commission found in its lack of infinite wisdom that we needed to impose
insurance requirements. I have no idea why, but we did. I didn't agree with
it.
Ms. Carter: Yes. That's true.
Mr. Byrd: But my bid was fully compliant with your bid specifications, Mr.
Mayor.
Mayor Suarez: I agree with you, but that argument is applicable to the last
time you were before us; not now. We chose to impose - who might you
represent, sir?
Mr. Robin Lukais: My name is Robin Lukals. 1825 Coral Way. I represent
Royal Rent -a -Car, who is the recommended bidder on this item. I think what
we're seeing here is quite a quandary. We have some competing bidders who
want to effectively stop the Commission from making a decision by saying that
they protested.
Mayor Suarez: Well, the only issue that's left, in regards to what might
otherwise be a favorable determination for you is whether we act on it today
or whether we wait to have a formal protest from the other company,
Intercontinental, I guess 1t is, Caroline Weiss' company. And - but I don't
know that you ought to argue your case when I think we're inclined to vote
favorably. Now do you want to do it?
Commissioner Plummer: Let's get it over with.
Mayor Suarez: All right. I entertain a motion, then, on 32-B, accepting the
lowest bid, which is Royal.
Commissioner Dawkins: Move it.
Commissioner Plummer: With the request that I have, on a daily log, I move it
or second it.
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Fine.
Mayor Suarez: Call the roll.
Vice Mayor De Yurre: Hold it, hold it. Now, what 1f we have a protest that's
timely made and we find it valid, for whatever reason. OK?
Commissioner Plummer: Good question.
EK 327 April 15,1993
Mr. Jones: You'd have to 90 back and rescind it. {
Commissioner Plummer: that's exactly the point I tried to make.
Mr. Jones: But technically, tight now, Commissioner, you don't have a valid
protest, because the Code requires that it be submitted in writing, it be
submitted... ?
i '-
Vice Mayor De Yurre: I'm aware, but how many days do we have left for that
window?
i
Ms. Carter: Tuesday.
Mayor Suarez: You have about 12 days.
Vice Mayor De Yurre: OK. Now many days do we have? 11
Mr. Jones: We've got about 12 days. l
k
Ms. Weiss: I heard 14 this morning.
i
Ms. Carter: About 12 days more; 12 to 11. j
Vice Mayor De Yurre: OK. 12 days. I would like to amend, then, the motion
to read that, you know, we approve this award, or we give this award based... —
Commissioner Plummer: For 12 days.
Vice Mayor De Yurre: And it cannot be given or actually put into place until
we deal with the protest, if any.
Mayor Suarez: Which will then take us to the meeting in May, because they're
obviously going to file a protest, having heard your motion.
Lt. Longueira: Mr. Mayor, if you do that, you won't let us start the new
contract, we won't have vehicles, OK? We need the vehicles to operate.
Mayor Suarez: I could have sworn that's what I was just saying.
Vice Mayor De Yurre: Well, then, it has to be with the understanding, Royal
has to understand what the situation is, so just for whatever period of time
it Is until It cons back to us, It may be a contract that runs its full
course, or it may be one that ends in a month from now, if there is a valid
protest, and we find that it's appropriate.
Mayor Suarez: Administration, the only thing, unless you've got a suggestion,
which I don't hear any forthcoming on how we...
Mr. Odio: Yes. I'd like to do this: Can we extend the contract that we have
for 30 days?
Lt. Longueira: Royal is saying no, sir.
EK 328 April 15,1993
6 J'"" 1-m aMy1
I
Mr. Odio: You're saying not
i
Lt. Longueira: This is the third time. We've done it three times...
Mr. Odio: Why enter into a full contract if we might have to? You are
accepting 30 days; is that what I heard? Right? No? Please, let me... -
Mr. Lukals: If I may, Royal has extended the contract which expired in
December three times already.
Mr. Odio: But you're a nice company, so we'll do it again.
Mayor Suarez: Mr. Manager, at the very least, would you give them the
procedural comfort of having some sort of a vote? Can anybody propose a vote _
so that we dispose of the item, but don't implement the contract until...
Vice Mayor De Yurre: Mr. Mayor, can we get into an arrangement with them,
because of an emergency situation, whatever, the same terms and conditions we
have of this contract to implement...
Lt. Longueira: And the new contract.
Vice Mayor De Yurre: Yeah, the new contract - to put those terms in this
extension?
Mayor Suarez: Probably can't do it, probably can't do it, unless somehow it
fits under your discretionary...
Vice Mayor De Yurre: On an emergency kind of thing. The question is, since
there is really no contract, or they keep extending the same contract under
the old terms, which is something that Royal is not willing to do any further,
because it's obviously not a good deal for them, and we can't get into a new
contract...
Commissioner Plummer: Absolutely amazing.
Vice Mayor De Yurre: ... because of the fact that there may be a protest that
may be valid...
Commissioner Plummer: Half a billion dollars worth of business.
Vice Mayor De Yurre: ... which may throw out this deal with Royal that is
presently proposed here. Can we, on an emergency situation, enter into a 30-
day arrangement with Royal at the same terms and conditions that are being
proposed here tonight on the new contract?
Commissioner Plummer: Mr. Mayor, while they're trying to get that answer, are
we going to be honest with the people here tonight? We leave here in 17
minutes.
Mr. Marty Fine: I've got an emergency...
Commissioner Plummer: Marty, we've all got emergencies. OK? But we're
supposed to walk out of here, according to our policy, in 17 minutes. And if
EK 329 April 15,1993
we're going to sit here for all of the rest of this agenda, we're going to be
here till mhidnight, and Im not going to be here. 1
Commissioner Dawkins: I am leaving at 9:00 o'clock. Me, Miller Dawkins. j
Vice Mayor De Yurre: We're all leaving at 9:00 O'clock.
Commissioner Dawkins: I want everybody, everybody understand that at 9:00
o'clock, I'm leaving.
Vice Mayor De Yurre: So be it.
Commissioner Plummer: We'll try to get you. y
Commissioner Dawkins: Now, that does not break up the quorum. 4
i
Vice Mayor De Yurre: OK.
Mayor Suarez: Do you have any solution to the quandary at hand, or not?
Commissioner Alonso: And then we will rebid?
Commissioner Dawkins: I have a recommendation, Mr. Mayor.
Mayor Suarez: I'm tabling the item, otherwise or...
Mr. Jones: I would recommend this: What I would suggest you do is, you go
ahead and make the award for - because what you have here is a legitimate bid.
Go ahead and award the contract for 30 days and contingent with the 11 month
extension. And what happens if we find her - if she files a written protest
that's valid, then you can take it from there.
Commissioner Alonso: I think it will come back to us.
Vice Mayor De Yurre: So we're just awarding.
Mr. Jones: I think that's the best way to deal with it, because I'm of the
opinion that you couldn't - the management certainly has. the power under the
charter to enter into emergency contracts, whatever, but I don't think you
could do it at the terms and conditions that you're - the new terms and
-- conditions that are contemplated.
Commissioner Plummer: No, you're - you're in Zoning.
Ms. Weiss: I'd like to make a comment and his will be my last...
Mayor Suarez: Please, please.
Ms. Weiss: Mr. Mayor, I must, because all the - I've been here from 10:00
o'clock. As a citizen and a taxpayer, I must make this comment, because all
day from 10:00 o'clock, I heard...
Mayor Suarez: You're not here in the capacity of a citizen and a taxpayer.
You're here as a protesting party that has not filed a valid protest, and
EK 330 April 15,1993
we're trying to take care of your concerns, and you're not letting us do that
so that we can get on to the next item. So, please, you're out of order.
Please have a seat. We don't even know what action we're going to take right
now. please. What is the suggestion?
Mr. Jones: Or, Mr. Mayor, you can still, you can make the award. I know, as
strange as it seems or whatever, you probably don't want to do it, but you
could always rescind the contract...
Mayor Suarez: Of course. Thank you. I'm glad you said that. I would
entertain a motion to approve the contract. You have another 12 days. I
don't want to suggest that you file a protest, but you will be heard by this
Commission at the appropriate time.
Commissioner Alonso: For 30 days only, Mr. Mayor, right?
Mayor Suarez: I thought he meant...
Commissioner Plummer: For 30, additional 30 days.
Commissioner Alonso: Additional 30 days.
Mayor Suarez: ... subject to whatever action we have to take later, but I'll
take it either way that you want to propose it.
Commissioner Plummer: I'll move that the contract recommended be for an
additional 30 days, until May the 13th, at which we will determine to make
another action at that time.
Mayor Suarez: All right. So moved. Hopefully it can be done legally, to
award a 30-day contract on the new terms, what you proposed before.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
EK 331 April 15,1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 93-261
A RESOLUTION ACCEPTING THE BID OF ROYAL RENT -A -CAR FOR
THE FURNISHING OF AUTOMOBILE RENTAL SERVICE ON A
CONTRACT BASIS FOR A PERIOD OF ONE (1) MONTH FOR THE
DEPARTMENT OF POLICE AT A TOTAL ESTIMATED COST OF
$43,815.00; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 690001, ACCOUNT
NUMBERS 029002-247 ($32,385.00), 290931-610
3$19905.00), 290933-610 ($635.00)9 290959-610
2,540.00), SUCH EXPENDITURE HAVING BEEN CERTIFIED BY
THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH
SECTION 932.7055 OF THE FLORIDA STATUTES; FURTHER,
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 133001,
ACCOUNT NO. 290448-610 ($5,080.00), PROJECT NO.
142003, ACCOUNT NO. 290453-610 ($635.00), PROJECT NO.
142004, ACCOUNT NO. 290454-610 ($635.00); AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICE TO ISSUE PURCHASE ORDERS FOR THIS SERVICE.
® (Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor Be Yurre
_= Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
44. (Continued discussion) ACCEPT BID: HAVIS-SHIELDS EQUIPMENT
CORPORATION -- FOR FURNISHING A PRISONER TRANSPORT VAN TO POLICE
DEPARTMENT. (See label 6)
----------------------------------------------------------------------------
Mayor Suarez: Does the Administration have any other items?
Commissioner Plummer: Mr. Mayor, can I refer back? They need this thing here
badly, and they have demonstrated to me. This is that prisoner van from this
morning, Consent Agenda item number 3. It is entirely different than what
originally had been explained to me. I would like to move Consent Agenda item
3, please.
EK 332 April 15,1993
Mayor Suarett CA-3 moved by Commissioner Plummer. Oo we have a second?
Commissioner Alonso: Let me see. Watt, let me see.
Commissioner Plummer: Here it is, here.
Mr. Cesar Odio (City Manager): it's CA-3.
Commissioner Plummer: it's federal money. it's not even our dollars.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-262
A RESOLUTION ACCEPTING THE BID OF HAVIS-SHIELDS
EQUIPMENT CORPORATION FOR THE FURNISHING OF A PRISONER
TRANSPORT VAN TO THE DEPARTMENT OF POLICE AT A TOTAL
PROPOSED AMOUNT OF $23,899.00; ALLOCATING FUNDS
THEREFOR FROM THE DRUG FREE NEIGHBORHOOD TASK FORCE
GRANT, PROJECT NO. 1420059 INDEX CODE 290455-840;
AUTHORIZING THE CITY MTO
PROCUREMENT OFFICER TO IISSUEEA P RCHASERUCT ORDER HFORCHIEF THIS
EQUIPMENT.
(Herfileinoffice f the City Clerk.)
er�jtted here and on
11e1nthe
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
EK 333 April 15,1993
i8��rrliNYi.Ylwi�ilririliYY:Yirriiri.ix�.il'iii►ilii/iYfii6ltfNiiwWlii:iuT.iiririNi��ii�raYrYrY.i.ii�i.�rrri.�r:rLi+iri4.rr�..rr�i.r.►r.iYrfiGwii4
i
46. AUTHORIZE CITY MANAGER TO SUBMIT APPROVED GRANT PROGRAM FINAL STATEMENT
TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) REQUESTING —
FUNDS IN THE AMOUNT OF $12,571,000 -- EXECUTE IMPLEMENTING AGREEMENTS.
YYiliN�fi----------ift------------M--Yr------rflb---------r---rr--------- i-r--��JYri f
Mr. Cesar Odio (City Manager): Mr. Mayor, we have to have in by May 1st the
epplicatlon for CDBG (Community Development Block Grant) funding. We don't
need any discussion on it; just approve item 40 so that you authorize us to
submit the grant program, and then the...
Commissioner Alonso: Move it.
Commissioner Plummer: But does that lock us in?
Mr. Odio: No. +
Commissioner Alonso: It will not lock us in.
i
Mr. Odio: You can always amend the application.
Mayor Suarez: We can always amend the application. OK. Item 40 has been
moved and seconded, no?
Unidentified Speaker: Excuse me.
Mayor Suarez: Please, let me just make sure I have a second here.
Commissioner Alonso: And then put...
Commissioner Plummer: Well, there's no way I'm going to lose the funds, OK?
Commissioner Alonso: Exactly.
Mr. Odio: That's what would happen if we don't have it in...
Commissioner Plummer: But let me tell you something. You better not, Frank,
in any way, shape, or form, lock me or any one of these Commissioners in
giving any false impression to any of the recipients of what may or may not
happen at this Commission level at the next meeting. Please be aware.
Mr. Frank Castaneda: Commissioner, the only thing that I t1iink, for safety
sake, you just clarify that we're moving the $800,000 from the homeless,
$250,000 into...
Commissioner Plummer: No, I'm not going for that.
Mr. Odio: Well, I'd like to leave that alone now.
Commissioner Plummer:
redistributed.
Just move it over to the 800 from the homeless to be
EK 334 April 15,1993
Mir. Castaneda: TO continge0100 to contingency.
Commissioner Plummer: The contingency is fine. I have no problem with that,
sire
Commissioner Alonso: And nothing else.
Mr. Odio: I'd like to...
Commissioner Plummer: Welt talk about the rest at the next meeting. That's
correct.
Commissioner Alonso: Exactly, exactly.
Mr. odio: That's all. That's it.
Commissioner Plummer: That, I'll go along with. I'll move item 409 if it
hasn't been moved.
Commissioner Alonso: I did but...
Commissioner Plummer: I'm sorry, I'll second it.
Commissioner Alonso: I was going like this. What's wrong?
Mr. CastanedaWell, ^tent to fund some gest in naw agencies.;, because I think the
Commission shows
Mr. Odio: We don't want to do that. No, no, wait. You can amend the
applications after.
Commissioner Plummer:
Georgia,
issioners thatnever
dobeen
denyenieyoua by this Commission
yet. God help any of these m
Commissioner Alonso: OK. So that's all we do, we lock the funds and then we
will have the opportunity...
Mayor Suarez: OK. So we would vote to submit the application?
Commissioner Alonso: Yes.
Mr. Odio: We need to send for the monies or we won't have anything.
Mayor Suarez: And we'll hear any new programs or any other programs...
Commissioner Alonso: We are not going to...
Commissioner Plummer: Prank, when does this money take effect, June or July?
Mr. Odio: June.
Mr. Castaneda:
in by May 1st.
The contracts are for July ist but the application has to be
EK 335 April 15,1993
Mayor Suarez: At the hearing on May Otho we will hear from any now
0NOram* ..
Commissioner Plummr: I've already had this...
Mayor 5uarers Please, please. Just let there know. Please, someone from
staff, help us a little bit. Explain to then that on May 13th...
Commissioner Alonso: Explain, yes.
Mayor Suarez: ..6 we will take up any...
Commissioner Alonso: All that we're doing is locking the funds.
Mayor Suarez: All right. We're not going to be able to have a full
discussion on the items. Thank you.
Commissioner Alonso: Yes. Please, move, call the roll.
Commissioner Plummer: They don't take affect till summer.
Commissioner Alonso: Thank you.
Commissioner Plummer: We'll talk again on May the 13th.
Mayor Suarez: OK. Item 40 has been moved and seconded, with the
understanding that we're going to be able to make modifications.
Mr. Odio: We need also 41 so that...
Unidentified Speaker: Modifications will be made. That's may understanding.
Commissioner Plummer: Oh, yes, ma'am.
Mayor Suarez: With that understanding. Moved and seconded. Any discussion?
If not, please call the roll.
EK 336 April 15,1993
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-263
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO SUBMIT THE ATTACHED APPROVED GRANT PROGRAM
FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) REQUESTING FUNDS IN THE AMOUNT
OF $12,571,000 FOR THE CITY'S PROPOSED COMMUNITY
DEVELOPMENT PROGRAM DURING 1993-94; FURTHER
AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID
GRANT BY HUD, TO ACCEPT THE SAME AND EXECUTE THE
NECESSARY IMPLEMENTING AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO
APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plumper, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
46. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND:
COMMUNITY DEVELOPMENT BLOCK GRANT (NINETEENTH YEAR) -- APPROPRIATE: (a)
$1295714009 AND (b) $194009000 FROM NINETEENTH YEAR CDBG PROGRAM
INCOME, AS APPROVED BY HUD.
Mr. Cesar Odio (City Manager): Excuse me. We need 41 so that...
Commissioner Plummer: Move 41.
Commissioner Dawkins: 25. Move 25.
Ms. Natty Hirai (City Clerk): 41, Mr. Mayor.
Commissioner Alonso: 25, please. I want to bring it back.
Commissioner Plummer: Be back on the 13th.
EK
337
April 15,1993
Mayor Suarez: Please, sir.
Commissioner Plummer: 13th of May. Take that damn gavel away from him or
bring me some Advil.
Mayor Suarez: Bring him Advil, bring whatever you want. You have to discuss
with staff outside, please.
Commissioner Plummer: The man's gone bananas over there.
Mayor Suarez: Outside. He'll explain to you the procedure we're going to
follow on May 13th so...
Commissioner Plurtmer: I just moved 41.
Commissioner Alonso: You will have an opportunity as they were today.
Nothing will change.
Mayor Suarez: Now, 41 is a companion item?
Commissioner Plummer: I just moved it, sir.
Mr. Odio: Part of the - it's a communion.
Mayor Suarez: Thank you. Explain that, because Commissioners have put
another item...
Commissioner Alonso: Wait, wait, wait. Wait a second. You are not going to
take 25?
Mayor Suarez: Yes, we will, but I just want to move the companion item which
is 41.
Commissioner Alonso: Oh, OK.
Commissioner Plummer: I moved 41.
Commissioner Dawkins: Second.
Commissioner Alonso: Yes.
Mayor Suarez: Thank you. Is that an ordinance or a resolution?
Commissioner Alonso: That's a second reading ordinance.
Ms. Hirai: An ordinance, Mr. Mayor.
Mayor Suarez: Please read the ordinance.
Ms. Hirai: It's a second reading, Mr. Mayor.
Mayor Suarez: Please read the ordinance.
Commissioner Plummer: What?
EK 338
_ Aprii 15,1993
Con nissioner Alonso: Second reading ordinance.
Commissioner Plummer: Here again, with the full knowledge and understanding
that 41 does not lock us in in any way, shape, or forth, I vote yes.
Mayor Suarez: OK, but wait a minute. We haven't read the ordinance yet.
Ms. Hirai: Right.
Commissioner Plummer: OK. Read it. That takes a day and a half.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD BY TITLE
ONLY-3
Commissioner Plummer: You're getting better in your old age.
Mayor Suarez: OK. Call the roll.
Commissioner Plummer: Mr. Mayor, may I ask...
Ms. Hirai: Commissioner Plummer...
Commissioner Plummer: ... when we're going to take up pocket Items?
Ms. Hirai: Excuse me.
Commissioner Plummer: We were - said they're always at 8:00 o'clock.
Mayor Suarez: We'll try to get to them in a second, please.
Commissioner Alonso: Oh, please, let's finish this and then we'll take it.
Commissioner Plummer: All right.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT
(NINETEENTH YEAR)," AND APPROPRIATING $12,571,000 FOR
EXECUTION OF SAME; FURTHER APPROPRIATING THE SUN OF
$1,400000 FROM NINETEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
A TOTAL OF $13,971,000; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 11, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given Its second and final reading by title and passed and
adopted by the following vote:
EK 339 April 15,1993
F
AYES: Commissioner Miriam Alonso
CoMisSioner Miner J. Deakins
Comissioner J.L. Plummer, Jr. �
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
t
NOES: None.
i
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11062
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and —
to the public.
--w►----------r-----------------------------------r-----------r------r-------r-
47(A) APPROVE WITHDRAWAL OF TWO LIMITED PARTNERS (RICHARD WILES AND SHARI
WILES) FROM GUSMAN CENTER PARTNERS, LTD. -- APPROVE TRANSFER OF STOCK
AMONG SHAREHOLDERS OF SEABOARD CAPITAL, INC. (A LIMITED PARTNER OF
GUSMAN CENTER PARTNERS, LTD.) TO ALLOW WITHDRAWAL OF PATRICK GALLAGHER '
AND THE ADDITION OF DANIEL MONES -- APPROVE NECESSARY RESTRUCTURING OF
PARTNERSHIP.
(B) (Continued discussion) EXECUTE LEASE AGREEMENT WITH GUSMAN CENTER- -
PARTNERS LTD. -- FOR UNIFIED DEVELOPMENT, INCLUDING PLANNING AND DESIGN,
CONSTRUCTION, LEASING AND MANAGEMENT OF A RESIDENTIAL FACILITY WITH
ANCILLARY RETAIL, RESTAURANT AND CULTURAL USES AT THE OLYMPIA BUILDING
(174 E. FLAGLER STREET). (See label 36)
-----r-rr----r-------------r----------r---------------------------------------
Mayor Suarez: On item 25, the last remaining item from the non -Planning and
Zoning.
Commissioner Alonso: Yes. I guess there are some resolutions that you will
have to bring, and I have no problems. They explained to me it was something
that came up yesterday late. They explained, and I'm 1n agreement. And...
Mayor Suarez: Very good.
Commissioner Alonso: And what I said about working with the business people
1n the building, they promised to us they will do so.
Mayor Suarez: OK. All right. With all of those provisos and
understanding...
Commissioner Plummer: Madam Commissioner, I want to put on the record,
because It might gave been a statement revolving around me, that I was very
much aware, because they were with me all day yesterday, and I was very
emphatic as to where my vote was and where It was going to be, and that's what
came about this morning, that may demands were met. So, yes, I knew what was
going on because it was my demand.
EK 340 April 15,1993
_.a- Y
{ frTl'pyf^' Ji1 y
Commissioner Alonso: Yeah, but the problem It, we have no way of knowing the -
record of individuals unless you do some background checking, and unless we
are provided with that, we have no way of knowing, and it was impossible for
me to vote on an item that there were unknown factors, and...
Commissioner Plummer: Mr. Mayor, the gentleman down there would like to be
heard. I would ask you to give him at least 60 seconds, from the retail
merchant. Go to the microphone, give us your name and address, sir.
Mr. Israel Rozencaaig: Israel Rozencaaig. I am a retail tenant. I thank you
for what you said, but 1s there a time frame...
Commissioner Plummer: No, I was kidding.
Mr. Rozencaaig: ... to work with me on that extension of nay bid?
Commissioner Alonso: I think they should put immediately. Mr. Clark was with
us, Clark Cook was with us, and they are in the best position to work with
you, and I guess they will do it Immediately, 1f you so desire.
Mr. Rozencaaig: Thank you.
Mayor Suarez: Very good. OK. With all those provisos and understandings, we
have a motion on item 25.
Commissioner Plummer: Move it.
Ms. Miriam Maer: I have a resolution I would like to suggest. It would be a
resolution approving the withdrawal of three of the limited partners from the
original proposer. That's Richard Wiles, Shari Wiles and Patrick Gallagher,
and the required restructuring resulting therefrom.
Mayor Suarez: All right.
Commissioner Alonso: OK. So move.
Mayor Suarez: With that resolution, also...
Commissioner Alonso: Yes, moved.
Mayor Suarez: ... moved and seconded, call the roil.
EK
341
April 15,1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-264
A RESOLUTION APPROVING THE WITHDRAWAL OF TWO LIMITED
PARTNERS, NAMELY, RICHARD WILES AND SHARI WILES, FROM
THE GUSMAN CENTER PARTNERS, LTD., A FLORIDA LIMITED
PARTNERSHIP (THE "PARTNERSHIP"); APPROVING A TRANSFER
OF STOCK AMONG THE SHAREHOLDERS OF SEABOARD CAPITAL
INC., (THE "SEABOARD") ONE OF THE LIMITED PARTNERS OF
GUSMAN CENTER PARTNERS, LTD. TO ALLOW THE WITHDRAWAL
OF PATRICK GALLAGHER, THE MAJORITY STOCKHOLDER OF THE
SEABOARD, AND THE ADDITION OF DANIEL MONES, A LIMITED
PARTNER IN THE PARTNERSHIP, AS MAJORITY STOCKHOLDER OF
THE SEABOARD; FURTHER APPROVING THE NECESSARY
RESTRUCTURING OF THE PARTNERSHIP RESULTING FROM SUCH
WITHDRAWALS AND TRANSFERS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: PZ-1.
Ms. Maer: One moment, please, Mr. Mayor. I think...
Commissioner Dawkins: Hold it. You want to do - are you going to do your
parking items, J.L.?
Mr. Mayor, if I may...
Commissioner Plummer: Wait, but - no, I got two.
Ms. Maer: There's one more resolution, Mr. Mayor..
Commissioner Dawkins: OK.
Ms. Maer: There's one more resolution.
Commissioner Plummer: One of yours - one of mine is yours.
EK 342 April 15,1993
L]
Mayor Suarez: Please] go ahead. What is that?
Ms, Maer, The resolution at this time would be the resolution that's in your
package, subject to the following condition.
Commissioner Plummer: I can do mine quickly.
Ms. Mors Receipt in acceptable form of all documents deemed necessary by the
City Manager and the City Attorney.
Commissioner Alonso: 5o moved.
Commissioner Plummer: Mr. Mayor, if I may.
Mayor Suarez: Fine. So moved. Seconded by Commissioner Plummer, the
resolution. Call the roll, please.
Commissioner Plummer: What's this resolution on?
Mayor Suarez: The one she just read.
Commissioner Alonso: The same item 25.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-265
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
GUSMAN CENTER PARTNERS, LTD., FOR THE UNIFIED
DEVELOPMENT, INCLUDING THE PLANNING AND DESIGN,
CONSTRUCTION, LEASING AND MANAGEMENT OF A RESIDENTIAL
FACILITY WITH ANCILLARY RETAIL USES AT THE OLYMPIA
BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI,
FLORIDA, SUBJECT TO THE CONDITION THAT THE TERMS OF
THE LEASE AGREEMENT RESULT IN A FAIR RETURN TO THE
T ALLY DOCUMENTS REQUIRED BY THE CITY ACCEPTABLE D FURTHER SUBJECT TO RECEIPT IN F
MANAGER AND THE
ORM
OF
CITY ATTORNEY.
eoe Clerk.)
here and on
file inthe Officof the City Cl
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
EK
343
April 15,1993
t
1 A'-wYf. 1'
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
vice Mayor Victor of Yurre
Mayor Xavier L. Suarez
NOES: Notre.
ASSENT: Commissioner Miller J. Dawkins
rrrrrrrrrr+-rrrrrrrrrrrrrr-rrrrrr-rrwrr-rrrrrrr--------- .r-r---rr.wl.rrrr.r
48. DISCUSS AND TEMPORARILY TABLE PROPOSED AGREEMENT WITH THE VILLAGE OF KEY
BISCAYNE FOR THE CITY TO PROVIDE AUTOMATIC AID AND ANCILLARY FIRE RESCUE
SERVICES TO SAID VILLAGE. (See label 53)
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, "A resolution authorizing the City Manager
to enter an agreement in a form acceptable to the City Attorney between the
City of Miami and the Village of Key Biscayne to provide automatic aid and
ancillary Fire Rescue services to said village." You all have been given a
copy this morning of the contract. They have to have it for the village
council meeting...
Commissioner Alonso: I did not see that.
Commissioner Plummer: Where is the fire department?
Commissioner Alonso: You didn't give me any...
Commissioner Plummer: You told me you gave that to everybody. Now, don't
make me look foolish.
Chief Carlos Gimenez: I gave 1t to your aid. She said she would give it to
you.
Commissioner Alonso: Well, and do you expect me to read something that I'm +,
not told 1s going to come as a pocket item?
Mayor Suarez: The Item is tabled for the moment. The item is tabled for the
moment.
Commissioner Plummer: Please, chief...
Commissioner Alonso: Please.
Commissioner Plummer: ... don't make me look foolish.
EK 344 April 15,1993
... fi
rifiiYr�-iriii--ritliralr-l-aYir iwilrwig-rr<r....�r1.i.r:�rirr�ir.non.r�.i..ri��ii.a�+Y.��ii.r:r�r.G.►i.rrYw.iHYi..i
49. AMEND RESOLUTION 93-197 -- EXTEND AUTHORIZATION FOR 15% TEMPORARY RATE
REDUCTION IN DOCKAGE FEES AT DINNER KEY MARINA TO INCLUDE ALL BOAT SLIPS
THAT ARE / WILL BE WITHOUT UTILITY SERVICES DURING THE PERIOD OF
HURRICANE DAMAGE REPAIRS FOR A PERIOD NOT TO EXCEED SIX MONTHS.
-r------1r----------------------- -----------------------------------r---------
Commissioner Plummer: All right, let me get my other one out of the way. "A
resolution amending Resolution 93-197 on March 25, 1930 to extend the
authorization for the temporary 15 per cent rate reduction of the dockage fees
for Dinner Key Marina to all boat slips which are without utility service
during the period of hurricane damage, repairs not to exceed six months
subject to the provision that the City be protected against liability and
damages." I so move.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Plummer: Oh, I got to hold this one.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-266
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 93-
197, ADOPTED MARCH 25, 1993, THEREBY EXTENDING THE
AUTHORIZATION FOR THE FIFTEEN PERCENT (15%) TEMPORARY
RATE REDUCTION IN DOCKAGE FEES AT DINNER KEY MARINA TO
INCLUDE ALL BOAT SLIPS THAT ARE WITHOUT UTILITY
SERVICES DURING THE PERIOD OF HURRICANE DAMAGE REPAIRS
FOR A PERIOD OF TIME NOT TO EXCEED SIX (6) MONTHS,
SUBJECT TO THE CITY BEING ADEQUATELY PROTECTED AGAINST
LIABILITY AND DAMAGES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
EK 345 April 15,1993
Commissioner Plu mer: Would you all let me know, because the manager feels
that this with Key Biscayne 1s very important because of timing.
Commissioner Alonso: If it is so important, why didn't they let us know?
Commissioner Plummer: I'm sorry. I was told that you were...
Commissioner Dawkins: No, no go ahead. I'm going to let you explain it.
Commissioner Plummer: I would never do that to you.
Mr. Marty Fine: Well, let's do 1t some other time. Let's get this thing
heard tonight.
Commissioner Plummer: Marty, you're going to be heard.
-- -- -- ------------------------------------ ------
N TO
50. OFFICIALLY OPPOSE METROPOLITAN DADECOUNTY'S INTENDED Y COURTHOUSE CENTER) OFFOTHE CITYKS
CERTAIN CITY PROPERTY (NAMELY, COUNT
TAX ROLLS.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: The County is trying to take a piece of propery off of
the tax roi l s. Mr. Bailey and I went over to the County, and we have not
gotten anywhere, and I'd like for Mr. Bailey to explain to you what they are
doing.
Commissioner Plummer: Is that the one behind the courthouse?
Commissioner Dawkins: Yes, yes.
Mr. Herbert Bailey (Assistant City Manager): Courthouse Center, right.
Commissioner Plummer: $249000,000.
� Mayor Suarez: Now final is the action taken so far by the County? Because it
doesn't sound to me personally like it makes any sense for them to acquire
} that property at all.
—� Commissioner Alonso: That's stealing.
Mayor Suarez: Let alone take it off the tax roll.
Mr. Bailey: Well, the County Commission...
Commissioner Alonso: What item is this?
-' EK 346 April 15,1993
Commissioner Plummer: A zoning item. 3 and 4 Zoning, I think.
Mr. Bailey: ..0 has already passed a resolution authorizing the County
Manager to negotiate for the acquisition of the property.
Mayor Suarez: OK. Do you know if those negotiations have proceeded to the
point that we couldn't ask the new County Commission to take back that
resolution?
Mr. Bailey: Well, we probably wilt be going back, because we're still
negotiating now with staff to make a determination on the tax liability,
because if we're not satisfied with the tax liability, we might default on
$11,000,000 worth of bonds.
Mayor Suarez: I understand. I would propose that this Commission go on
record as opposing that purchase, and fighting it, and I will personally make
a presentation, and maybe you can join me.
Commissioner Dawkins: That's what I would say, Mr. Mayor.
Commissioner Alonso: That's terrible.
Commissioner Dawkins: We should go before the new 13 member Commission and
explain to them...
Mayor Suarez: Absolutely.
Commissioner Dawkins: ... that we've been treated like stepchildren.
Commissioner Plummer: Marty, cool it.
Commissioner Dawkins: And maybe with this 13, we could perhaps get a fair
deal.
Mayor Suarez: Plus, let me tell you, I don't think that they need a new
administration building. I think that they need to get rid of some staff that
they've got. That's what I think.
Commissioner Dawkins: All right. Wel % that's what I was hoping; that this
Commission would say, let's go.
Commissioner Plummer: That's fine. Is that a motion?
Commissioner Dawkins: Yes.
Commissioner Plummer: I second the motion.
Mayor Suarez: Moved and seconded. Call the rots.
EK 347 April 15,1993
;
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-267
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
ITS OPPOSITION TO THE PROPOSED ACQUISITION OF
METROPOLITAN DADE COUNTY OF A PROPERTY KNOWN AS THE '=
COURTHOUSE CENTER AND LOCATED IN DOWNTOWN MIAMI;
FURTHER, AFFIRMING THE CITY COMMISSION'S INTENT TO
FORMALLY PROTEST SAID PROPOSED ACQUISITION BEFORE THE
NEWLY FORMED 13-MEMBER METROPOLITAN DADE COUNTY
COMMISSION. —
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
51. DISCUSSION IN CONNECTION WITH PROPOSED INSTITUTION OF USER FEES TO BE
PAID BY NON-PROFIT TAX EXEMPT PROPERTIES IN THE CITY OF MIAMI.
Commissioner Plummer: Mr. Manager, may I inquire of the Manager. Mr.
Manager, we spoke before about user fees for all of the tax exempt property in
this community. We cannot continue to provide police, fire, public works to -
27 percent of our taxable base is exempt.
Mr. Odio: You will have an item in May with...
Commissioner Plummer: On user fees?
Mr. Odio: ... with the Boston plan...
Commissioner Plummer: Well, we've got to do something. We're going broke.
Mayor Suarez: Payments in lieu of taxes. All right.
Commissioner Plummer: That's right. Thank you.
EK 348 April 15, 1993
Mayor Suarez: Pi-1.
Commissioner Plummert Not 1 and 2 was... Mr. Mayor, for the taw, you have to
adjourn the regular and open up the zoning.
Mayor Suarez; We are adjourned as a regular Commission session, and convene
for Planning and Zoning.
Commissioner Dawkins: PZ-1.
Commissioner Plummer: Correct. Item 1 and 2, 1 think, were withdrawn, as I
remember.
MINUTES OF THE PLANNING AND ZONING DEPARTMENT
OF THE CITY COMMISSION OF MIAMI, FLORIDA
On the 15th day of April, 1993, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:00 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
EK
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Sergio Rodriguez, Assistant City Manager
Quinn Jones, III, City Attorney
Natty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
349
1
April 15, 1993
-i----------+W1.irYi�iiiiY rrb wdG�AbiYiY �Yr iir itii4
62. (A) APPEAL DENIED r- ZONING BOARD'S APPROVAL OF SPECIAL EXCEPTION
UPHELD -- APPROVE CONSTRUCTION OF A NEW PRINCIPAL STRUCTURE CONTAINING
MIXED USES IN CONNECTION WITH 149 RESIDENTIAL UNITS AND SOME NON-
RESIDENTIAL USES AT 1099 N.W. 14 STREET. (Applicant: AMC Associates,
Ltd; appellants Planning, Building and Zoning Dept.)
(B) APPROVE SPECIAL ID DRIVE -
THROUGH FACILITY FOR PAFINANCIAL BOARD BY ZONING ALINSTITUTION AT 099 N.W. 14 STREET.
(Applicant: AMC Associates, Ltd.)
(C) N OF
RESERVOIR SPACES PPROVE SPECIAL EXCEPTION
DRIVE-THROUGH Y OF A NFINANC AL G BOARD OI INSTITUTION UT ON AT01099
N.W. 14 STREET. (Applicant: AMC Associates, Ltd.)
(D) REVERSE ZONING BOARD'S DENIAL OF REQUESTED VARIANCE -- APPROVE WAIVER
OF 184 OF 396 REQUIRED OFF-STREET PARKING SPACES FOR PROPOSED MIXED USE
NEW STRUCTURE AT 1099 N.W. 14 STREET. (Applicant i Appellant: AMC
Associates, Ltd.)
Mayor Suarez: PZ-3 then is...
Commissioner Dawkins: PZ-1 and 2 were withdrawn?
Mr. Cesar Odio (City Manager): Yes, they were.
Mr. Williams: Yes, sir.
Mayor Suarez: Marty, which is yours?
Mr. Martin Fine: Mr. Mayor, members of the Commission...
Commissioner Plummer: Oh, please stop knocking...
Mayor Suarez: Please, I need to hear the presenter, please.
Commissioner Plummer: Damnl
Mr. Fine: For the record, Martin Fine, and I'm here with a lot of others are
were involved in this application. I thank you for your patience and your
willingness to listen. Very briefly, we're in support of the Planning Board's
recommendation of items 3, 4, and 5 - I'm sorry - and 6. But what we're
saying is, we're all in accord on 3, 4, and 5. On 6, we've appealed...
Mayor Suarez: Let me just clarify, Marty. Is there anyone from the general
public opposed to the applications of PZ-3, 49 5, and 6? All right, non-
controversial, that's good.
Commissioner Plummer: The only thing, Marty, that I have, is the concern on
6, that you're asking for a waiver, and rightfully so, at this particular
time, of 46 percent of the required cars that are mandated under our
ordinance. I want to leave the door open but if, in the future, more parking
is demonstrated to be needed, that in some way, shape, or form, you are going
to have to provide it, because let me tell you my concern. At this time,
EK 350 April 15, 1993
- - - 4
RIF
you're talking about elderly housing, low income. If tomorrow that place is
bought out or sold, OK, that I - OK, let me do it a different way. -
Mr. Fines Can I answer?
Commissioner Plummer: Sure, go ahead. Give me an idea.
Mr. Fine: The answer is that this by law is limited to 50 percent immediate
income. A family of four can have more income than $20,000 per year, there is
no way we're going to have...
Commissioner Plummer: You don't answer my problem, Marty.
Mr. Fine: And it's locked in by law, J.L.
Comm ssfoner Plummer: You don't answer my problem, Marty. My problem is, if
this building is ever sold, that to the new owners, let it be aware that they _
have to come up and provide the parking required by the ordinance at the time
they buy it.
Commissioner Alonso: I move that we approve...
Mr. Fine: Well, let me just respond, and make sure to tell you that you know
that Mr. Codina and others involved in this project are responsible citizens.
You cannot put that in the ordinance and have us be able to finance this
project. What I hear you saying, as a matter of... _
Commissioner Plummer: As long as it remains in this category, I got no
problem. Misr concern, Marty, you know and I know that parking around Jackson
Hospital is critical.
Mr. Fine: And this needed housing around Jackson...
Commissioner Plummer: Is also critical.
Commissioner Alonso: It is also critical.
Mr. Fine: ..* is very critical. I'd ask you to pass it without that
language, but we would assure you that we understand what you're saying.
Otherwise, we don't have clean, good ability to go ahead and finance it.
Commissioner Plummer: Marty, in ten years...
Commissioner Dawkins: Mr. Fine, I could go along with that if I had not been
here when Claughton Island made that same promise. i
Commissioner Plummer: That's not the same.
Mr. Fine: You're talking about people who make half a million dollars a year.
We're talking about people who...
Commissioner Plummer: No, I'm not, Marty. I'm talking about if you ever sell
it and it's used for different purposes, then 1 would want the parking to be
included. If you sold this from low income tomorrow, and tomorrow, all of it
EK 351 April 15, 1993
is now owned by doctors, I guarantee you, every doctor living in that building
would have a carp.
Unidentified Speaker: Under the federal financing laws that this project is
being worked on, there will be a covenant on the land running for 30 years...
Commissioner Dawkins: Are you all going to vote on one, three, four and five,
you got me.
Unidentified Speaker: ...limiting that this must be low income housing.
Commissioner Plummer: OK. Then I didn't know that. I'm sorry.
Commissioner Alonso: So moved.
Mr. Fine: That's what I said earlier. I didn't explain it clearly.
Commissioner Plummer: OK. `Y
s=
Mayor Suarez: Ali right. The item PZ-3 has been moved by Commissioner —
Alonso. f
I
Commissioner Plummer: No, it's a resolution. You can do 3, 40 5, and 6 all '
at the same time.
-, Commissioner Alonso: I move all of them. i
i
Commissioner Plummer: Yeah.
— Mayor Suarez: Three through 6, moved. Do we have a second? Commissioner
--� Plummer seconds.
=i
—� Commissioner Plummer: Yes.
Mayor Suarez: Thank you.
Commissioner Plummer: Why? Did everybody else go home?
Mayor Suarez: Call the roll on the item.
-► Commissioner Plummer: Don't thank us until we call the roll.
`s
ZI
- � 4
i 1
_ � 3
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EK 352
April 15, 1993
i
The following resolutions were introduced by Commissioner Alonso, who
moved their adoption:
RESOLUTION NO. 93-268
EK
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO.
110009 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 49 SECTION 4019 SCHEDULE OF
DISTRICT REGULATIONS, G/I GOVERNMENT AND INSTITUTIONAL
(SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT) PERMITTED
PRINCIPAL USES, TO PERMIT THE CONSTRUCTION OF A NEW
PRINCIPAL STRUCTURE CONTAINING MIXED USES: 189
RESIDENTIAL UNITS, OCCUPYING 178,394 SQUARE FEET, AND
NON-RESIDENTIAL USES OCCUPYING 11,480 SQUARE FEET FOR
A TOTAL OF 189,B74 SQUARE FEET FOR THE PROPERTY
LOCATED AT 1099 NORTHWEST 14TH STREET, MIAMI, FLORIDA,
ALSO DESCRIBED AS TRACT B, BISCAYNE CIVIC CENTER
PLAZA, AS RECORDED IN PLAT BOOK 115, AT PAGE 63, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ZONED G/I
GOVERNMENT AND INSTITUTIONAL, SD-19 DESIGNATED F.A.R.
OVERLAY DISTRICT; SAID SPECIAL EXCEPTION HAVING A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED AND BEING SUBJECT TO THE CONDITIONS
OF THE PLANNING DIVISION OF THE PLANNING, BUILDING AND
ZONING DEPARTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 93-268.1
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, G/I GOVERNMENT AND INSTITUTIONAL
(SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT),
CONDITIONAL ACCESSORY USES, TO ALLOW A DRIVE -THROUGH
FACILITY FOR A FINANCIAL INSTITUTION SUBJECT TO
RESERVOIR REQUIREMENTS ESTABLISHED IN SECTION 931.29
FOR THE PROPERTY LOCATED AT 1099 NORTHWEST 14TH
STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT B.
BISCAYNE CIVIC CENTER PLAZA, AS RECORDED IN PLAT BOOK
115, AT PAGE 63, OF THE PUBLIC RECORDS OF DADE COUNTY
FLORIDA, ZONED G/I GOVERNMENT AND INSTITUTIONAL SD-19
DESIGNATED F.A.R. OVERLAY DISTRICT; SAID SPECIAL
EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED AND BEING
SUBJECT TO THE CONDITIONS OF THE PLANNING DIVISION OF
THE PLANNING, BUILDING AND ZONING DEPARTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
353
April 15, 1993
— — Est
i
RESOLUTION NO. 93-268.2
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING =
BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO.
110009 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 4019 SCHEDULE OF —
DISTRICT REGULATIONS, G/I GOVERNMENT AND INSTITUTIONAL
(SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT) CONDITIONAL
PRINCIPAL USES, PER SECTION 931.2, TO ALLOW THE
REDUCTION OF RESERVOIR SPACES FROM 10 TO 9 FOR A
DRIVE -THROUGH OF A FINANCIAL INSTITUTION FOR THE
PROPERTY LOCATED AT 1099 NORTHWEST 14TH STREET, MIAMI,
FLORIDA* ALSO DESCRIBED AS TRACT B, BISCAYNE CIVIC
CENTER PLAZA, AS RECORDED IN PLAT BOOK 115, AT PAGE _
63, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
ZONED G/I GOVERNMENT AND INSTITUTIONAL, SO-19
DESIGNATED F.A.R. OVERLAY DISTRICT; SAID SPECIAL
EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN —
WHICH A BUILDING PERMIT MUST BE OBTAINED AND BEING
SUBJECT TO THE CONDITIONS OF THE PLANNING DIVISION OF
THE PLANNING, BUILDING AND ZONING DEPARTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 93-268.3
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO.
110009 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, G/I GOVERNMENT AND INSTITUTIONAL
(SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT), TO WAIVE
ONE HUNDRED AND EIGHTY-FOUR (184) OF THREE HUNDRED
NINETY-SIX (396) REQUIRED OFFSTREET PARKING SPACES FOR
A PROPOSED MIXED USE STRUCTURE FOR THE PROPERTY
LOCATED AT 1099 NORTHWEST 14TH STREET, MIAMI FLORIDA,
ALSO DESCRIBED AS TRACT B, BISCAYNE CIVIC CENTER
PLAZA, AS RECORDED IN PLAT BOOK 115, AT PAGE 63, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ZONED G/I
GOVERNMENT AND INSTITUTIONAL, SD-19 DESIGNATED F.A.R.
OVERLAY DISTRICT; SAID VARIANCE HAVING A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolutions were passed
and adopted by the following vote:
EK
354
April 15, 1993
f
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plumor, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Miriam Maer (Asst. City Attorney): Just to make sure...
-------------------------------------------------
WaTE: At this point, the City Commission closes
consideration of the Planning and Zoning portion of the
agenda to consider items from the regular portion of the
agenda.
53. (Continued discussion) AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT
WITH THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY
FIRE RESCUE SERVICES TO SAID VILLAGE. (See label 48)
------------------------------------------------------------------------------
Mayor Suarez: Commissioner Alonso, you were resolving an item with the Fire
Department?
Commissioner Alonso: Yes. Yes. Commissioner Plummer...
Commissioner Plummer: "A resolution authorizing the City Manager to enter
into agreement In a form acceptable to the City Attorney between the City of
Miami and the Village of Key Biscayne to provide automatic aid and ancillary
fire rescue service to said village." I so move. Hello? Hello? Hello? I
so move.
Commissioner Alonso: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
EK 355 April 15, 1993
The following resolution was introduced by Commissioner Plummer, who '
moved its adoptlont
RESOLUTION NO. 93-269
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF
KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY
FIRE RESCUE SERVICES TO SAID VILLAGE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
--------------------------------------------------------------------------
54. RESCHEDULE FIRST MEETING IN JUNE TO TAKE PLACE ON JUNE 17, 1993.
------------------------------------------------------------------------------
Mayor Suarez: Are there any Planning and Zoning agenda items that would be
highly unfair or otherwise problematic to not take up today, Joe? I see the
reverend here, and I know that...
Vice Mayor De Yurre: Mr. Mayor, I move that we change the June meeting from
the 7th - from the 10th to the 17th.
Mayor Suarez: So moved that the June meeting is to be on the...
Vice Mayor De Yurre: From the 10th to the 17th.
Mayor Suarez: ... 17th. So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Call the roll.
Commissioner Plummer: Subject to any Commissioner having the right to object.
Mayor Suarez: OK. Call the roll.
EK 356 April 15, 1993
Y
s
the following resolution was Introduced by Vice Mayor De Yurre, who
raved its adoption:
RESOLUTION NO. 93-270
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING OF JUNE, 1993 TO TAKE PLACE ON JUNE
17, 1993 AT 9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
55. STRONGLY RECOMMEND TO MIAMI SPORTS AND EXHIBITION AUTHORITY THAT CITY'S
PRIOR APPROVAL OF AN AMENDATORY BUDGETARY CHANGE WHICH PROVIDED FOR AN
ADDITIONAL $1009000 (DERIVED FROM MIAMI ARENA SEAT USAGE) BE HELD IN
ABEYANCE UNTIL THE MATTER IS DISCUSSED AT A FUTURE COMMISSION MEETING.
-------------------------------- -------------------------------------------
Commissioner Plummer: Wait a minute. There's one item I want to resolve
tonight, Mr. Mayor.
f
Mayor Suarez: Yes.
Commissioner Plummer: I am - Mr. Manager, I am very upset about the Sports a
Authority. This Commission granted an additional allowance of their monies,
up to $10090009 with certain provisos. Those provisos - Commissioner, correct
me if I'm wrong - $25,000 was to go for the additional commitment to Ralph
Sanchez' Grand Prix; $20,000 to the Budweiser Race; and $15,000 to a previous
commitment of this Commission in reference to the Miami Mite. It is my
understanding, if I am not incorrect, that the Sports Authority turned down
the $15,000 for the Miami Mile. If that is the case, I wish to make a motion
at this time to deny the $100,000 allocation, freeing up of the Sports i
Authority. Now, Commissioner, you tell me which way to go.
Commissioner Dawkins: You are - everything you have said is true. If you
make the motion and you get a second, we're off and running.
EK 357 April 15, 1993
4
Vice Mayor De Yurre: but now, for the record, we never - first off, we can't s
instruct any authority to do anything. We...
Commissioner Plummer: No, but we can have an understanding with them.
Vice Mayor De Yurre: What we recommended...
Commissioner Plummer: And that's what I thought we had.
Vice Mayor De Yurre: We recommended, and in fact, we told Bob to go to the
Sports Authority. We never told him that, you know, he was going to get the
money. that was never said, because we can't say that. -
Commissioner Plummer: Sir, Victor, I don't believe you were here at the time,
OK?
Vice Mayor De Yurre: I was here for that item. ! -
Commissioner Plummer: You go to the record - look, it's immaterial, and I'm j
not trying to pin you down. I'm saying that for one Commissioner, this i
Commission made a commitment predicated on Commissioner Dawkins' comments, OK?
Commissioner Dawkins: That I would go over there and get it, and they turned
it down.
Commissioner Plummer: This guy went forth with that commitment, and now he is
being told that he is not going to receive it. I think it has broken faith
with not only the Sports Authority, but with this Commission.
Vice Mayor De Yurre: J.L., have you ever thought there may be a reason for
not giving them the $159000? -
Commissioner Plummer: I think they have an obligation, if they're going to
deny it, to come back to this Commission and tell us why. -
Mayor Suarez: The matter is not going to be resolved tonight. I'm about to
rule you out of order.
Commissioner Plummer: All right.
i Mayor Suarez: Please, Commissioner, let's at least - your pointing, Joe, to
item B. Why is that...
Commissioner Plummer:, Wait, let me - let me do this, let me make a motion
that none of that money be touched until this Commission has a right to -
address the issue at a previous 1sic3 meeting.
6 {
Mayor Suarez: As a resolution in principle, that's fine.
Commissioner Plummer: Yes, I so move.
Mayor Suarez: All right. I don't know what binding effect it has on them,
but maybe it will have an admonishing effect or whatever the noun is - the i
s adjective is.
EK 358 April 15, 1993
i
Commissioner Plummer: We can always replace all of the members at the next
meeting.
Mayor Suarez: Admonitory, I think.
Vice Mayor De Yurre: Would you rather go to the Sports Authority instead of
the DDA?
Commissioner Plummer: What?
Vice Mayor De Yurre: Would you rather go to the Sports Authority?
Commissioner Plummer: Well, they both need cleaning out, so I don't care.
I'll go to the DDA first.
Mayor Suarez: I don't know. He was pointing at it. I guess, because...
Commissioner Plummer: Call the roll, please.
Mayor Suarez: All right.
Commissioner Plummer: The motion is that the money - what?
Unidentified Speaker: They've already spent the money.
Commissioner Plummer: The hell you say.
Mayor Suarez: As a motion in principle with whatever binding effect it has,
has been moved and seconded. Call the roll.
Commissioner Dawkins: Who seconded? You seconded?
Commissioner Plummer: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 93-271
A MOTION, IN PRINCIPLE, STRONGLY RECOMMENDING TO THE
MIAMI SPORTS AND EXHIBITION AUTHORITY THAT THE
PREVIOUS APPROVAL BY THE CITY COMMISSION OF AN
AMENDATORY BUDGETARY CHANGE (WHICH PROVIDED FOR AN
ADDITIONAL $100,0009 DERIVED FROM MIAMI ARENA SEAT
USAGE, PREVIOUSLY AUTHORIZED TO BE PLACED IN ITS
EVENTS SPONSORSHIP LINE ITEM ACCOUNT) BE HELD IN
ABEYANCE, UNTIL SAID MATTER IS DISCUSSED BEFORE THE
CITY COMMISSION AT A FUTURE MEETING.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
EK 359 April 15, 1993
V
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
66. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP ON THIS DATE TO FUTURE COMMISSION
MEETINGS, AS FOLLOWS: (a) ALL PENDING REGULAR ITEMS TO FIRST MEETING IN
MAY, AND (b) ALL PENDING PLANNING AND ZONING ITEMS TO SECOND MEETING IN
MAY.
Mayor Suarez: I'm being advised that there are no other items that we can
move tonight. We're not going to have a quorum.
Commissioner Plummer: I move at this time that all items not addressed on
these two agendas be continued over to May 13th.
Mayor Suarez: Over to the Planning and Zoning agenda.
Commissioner Plummer: Well, yes, all the items not addressed.
Ms. Maer (Assistant City Attorney): Including the zoning items?
Commissioner Plummer: What?
Ms. Maer: Including the zoning items, or...?
Commissioner Plumper: Yes.
Mayor Suarez: Or 1f you don't want to move them to the Planning and Zoning
agenda, which is May 27th.
Commissioner Plummer: Now many more Planning and Zoning items are there? Are
you all here on seven and eight, is that what you're here on? I'll hear than
if you want. I don't want to cause anybody any grief. I'm here. I'll get
them out of the way. Are they controversial?
Commissioner Alonso: It's going to take... One is the liquor store, and the
church, and all of that. That's complicated.
Mr. Joe McManus: The Commission heard item 8 in March.
Mayor Suarez: We closed off all public discussion on it.
Mr. McManus: ... saying only that you were going to hear, I believe, from the
owner of the store, or his expert witnesses for the liquor store at 5741 West
Flagler.
EK 360 April 15, 1993
P'--,:'..•-y-
Mayor Suarez: is that owner here?
Ms. Maer: Yes, I believe he is.
Unidentified Speaker: He is here.
Mayor Suarez: Do you want to hear that and vote, or do you want to just...?
Vice Mayor De Yurre: Mr. Mayor, I'm going.
Unidentified Speaker: We have no problem with going to whatever date the
Commission chooses.
Mayor Suarez: All right. Ladies and gentlemen, I'm sorry, but it could be a
result that you don't want to have, if we don't consider this with some kind
of serenity and patience and time, and so we're going to take all items up on
27th May.
Commissioner Plummer: Twenty-seventh? All zoning items.
Mayor Suarez: All zoning items.
Commissioner Plummer: What about the agenda items of the regular agenda that
we didn't take?
Mayor Suarez: I don't think any of then need to formally be moved, but if
they do, they will then be taken up on 13th May.
Commissioner Alonso: Continued. —
Mayor Suarez: Are there any more items that need continuance?
Commissioner Plummer: To a date certain.
Mayor Suarez: All right, as to regular items, continued to a date certain of
May 13th, and Planning and Zoning, May 27th. Do we have a motion?
Commissioner Alonso: Yes.
Mayor Suarez: We have a motion -- Commissioner Alonso, seconded by =
Commissioner Plummer. Call the roll.
EK 361 April 15, 1993
:p'
=� w
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-272
A MOTION TO CONTINUE ALL ITEMS WHICH WERE NOT TAKEN UP
ON TODAY'S REGULAR AGENDA TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR MAY 13,1993; FURTHER
CONTINUING ALL ITEMS WHICH WERE NOT TAKEN UP ON
TODAY'S PLANNING AND ZONING AGENDA, TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MAY 27, 1992 [NOTE:
REGULAR ITEM NOS.: 26, 27, 28, 29, 33, 37, 42, 439 45,
46, 48, 49, 6 PZ ITEM NOS.: PZ-7 THROUGH PZ-12.]
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Mayor Suarez: We're adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMISSION, THE NESTING HAS ADJOURNED AT 9:11 P.N.
Xavier L. Suarez
N A Y 0 R
ATTEST:CITY
Natty Hirai
CLERKASSISTANT CITY CLERK
EK
*I INCONPROR:\T613 J
362
April 15, 1993