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HomeMy WebLinkAboutCC 1996-11-05 Minutes(;ITY OF MIAMI 1.I K.N;X. I t ice, woo "°yea I NCOMINa„111t lTE 0 ' PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER FOEMAN CITY CLERK li ITEM SUBJECT NO. INDEX MINUTES OF SPECIAL MEETING November 5, 1996 LEGISLATION PAGE NO. 1. APPROVE PROPOSED COMPENSATION AND R 96-816 1-8 BENEFITS PACKAGE FOR CITY MANAGER 11/5/96 EDWARD MARQUEZ - $139,000 BASE SALARY PLUS SEVERANCE PAY PACKAGE. 2. BRIEF COMMUlT REGARDING PETITION DRIVE DISCUSSION 8-9 TO ABOLISH THE CITY OF MIAMI. 11/5/96 3. MAYOR CAROLLO DIRECTS INTERIM CITY DISCUSSION 10-11 MANAGER MERREIT STIERHEIM TO CONTACT 11/5/96 COMMISSIONERS INDIVIDUALLY TO SCHEDULE SPECIAL MEETING ON NOVEMBER 15, 1996 TO DISCUSS FINAL REPORT / RECOMMENDATIONS CONCERNING THE RECOVERY PLAN - ALSO TO FORMALLY PRESENT PRO BONO EXECUTIVES WHO COMPRISED THE RECOVERY TASK FORCE. FA MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 5th day of November, 1996, 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 8:16 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: ALSO PRESENT: Mayor Joe Carollo Vice Mayor Wifredo Gort Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Merrett R. Stierheim, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Commissioner Dunn who then led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. APPROVE PROPOSED COMPENSATION AND BENEFITS PACKAGE FOR CITY MANAGER EDWARD MARQUEZ -- $139,000 BASE SALARY PLUS SEVERANCE PAY PACKAGE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: The purpose for the meeting this morning is to go over the City Manager's benefits package as in the request from the Commission, when we met last week, that this be brought up to us as soon as the package was ready to be approved. Commissioner Plummer: Joe, I only have one area that I have of concern. Mayor Carollo: OK, go ahead Commissioner. Commissioner Plummer: And that is the area in reference to severance. This is something to the best of my knowledge is something that is new. I think one of the things that has been left out of article six, is in fact on page four. Should he leave for his own reasons he would be entitled, under normal circumstances, to no severance. That would be normal but it's not spelled out, it's silent. I have a problem with the severance of... If he were to be dismissed without cause, that we would have to pick up the entire balance of his so called "contract" even though it's not a contract. I don't know what you call it, understanding. A letter of understanding? 1 November 5, 1996 Mayor Carollo: It's a resolution of agreement. Commissioner Plummer: OK, fine whatever you want to call it. But in effect it's a contract. Because I assume, Mr. City Attorney... Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir. Commissioner Plummer: ... that this is binding. Is this binding or not on the City? Mayor Carollo: Well, all Commission resolutions are binding. Commissioner Plummer: You're saying that it's binding? Mr. Jones: Yes, yes. Commissioner Plummer: So, in effect it is a contract. Which is something we've never done before. Aside of that, you know, how do you say to the City Manager this is what you're going to do for him and you don't do it for the City Attorney and you don't do it for the Clerk who are the three people that we appoint. I have no problem with the remaining portion of the very generous package. As I figure it, this package in excess, just above two hundred thousand dollars ($200,000). Without the severance being kicked in. I would ask if it's possible, Mr. Mayor, that if we could, so that I could show favorably voting for everything but the severance, if we could separate those two issues into two motions, I'll be happy to vote for everything but the severance. But on the severance, I have to vote against the way it's written. So it's up to the Commission. Mayor Carollo: OK, I don't know if we could technically do that. Commissioner Plummer: I don't know either, sir. Mayor Carollo: Yeah. The question for the City Manager and the City Attorney. Is this similar in nature to more or less what...? Similar to what had been discussed I think by just about every of the applicants? Is it similar in nature the package overall to what Dade County has offered the County Manager of the County? Mr. Merrett R. Stierheim (City Manager): Yes, the Manager is assured that in the event that the Commission became disenchanted and wanted to remove him from the office that he would become an Assistant County Manager or a Department Director in perpetuity. I mean, I... When we looked at it, I had the question well, how long does he have that protection? And, it would appear that it's in perpetuity. Commissioner Plummer: Forever? Mr. Quinn: The way it's written, yeah. Mr. Stierheim: I... It's the way it's written. I mean, I'll let the attorney comment. Mr. Quinn: It does make sense. Commissioner Plummer: Does the County Manager have a contract including the severance which is outlined here? Mr. Stierheim: I'd say he has a better one, in my view. 2 November 5, 1996 1i Commissioner Plummer: A better one? Mr. Stierheim: Well, because there is no end to it. I mean, I am going to ask the attorney to... Commissioner Plummer: No, excuse me. Mr. Stierheim: We have a copy of it. We can show... Commissioner Plummer: If he is to be terminated without cause, you're saying is that he would get the balance of a perpetuity contract? I don't understand. Mr. Stierheim: He would be an Assistant County Manager. He would move to the... Commissioner Plummer: All right. So then... Mr. Stierheim: Assistant County Manager level or Department Director level, which could be as Mr. Marquez was making one hundred and thirty-two thousand dollars ($132,000) a year... Commissioner Plummer: I hear you. Mr. Stierheim: ... and he would have that. There was no termination provision in it. Commissioner Plummer: OK. So we're not apples to apples here? Mr. Jones: No. Mayor Carollo: No, we're actually giving less guarantee here. The truth of the matter, Commissioner, is that the Manager's position and I don't revisiting any other positions that we appoint down the line. But, the Manager's position is a very different position. It's much more difficult position, to say the least, and in particularly under the times that we're asking for a new Manager to come in. Everyone of the semifinalist applicants that I spoke to was looking for guarantees such as the one that is here before us in this resolution of agreement. When we have a situation that we all know the allegations of what happened with a previous manager, and at the same time, we have a situation that even as we were choosing a City Manager, we had those that were going on radio saying that it don't matter if we named the manager, if they got their way in the election today, they would come back here and they would throw him out of office and all kinds of things. How in the world, J.L... ? Commissioner Plummer: You hear that all the time. Mayor Carollo: ... Well, no, no, no. You don't hear that all the time. How in the world, are we supposed to get a real professional to come in here if we cannot provide them the adequate guarantee that they can act, that they can function as a professional without their job being threatened every single day? And that's the bottom line. I don't mind having the former government that we have, being a week Mayor as some call it according to the Charter, as long as you have a professional, a professional running the City. That you know that he is going to be a true professional with the management ability, the competence to run the City and the financial background to be able to run this City. Where the danger lies is if you have a politician that is appointed, that is being given those powers. So, I, for one, do not mind giving the guarantees that will bring this City in the right track. It will give this City the ability, the professionalism to get out of this deficit, to bring back the pride to this City that it once had. I remember when I was 24 years old and I first got elected. 3 November 5, 1996 1i Commissioner Plummer: I remember. Mayor Carollo: We had professionals at every level. You were hard pressed not to find some of the best capable, most competent professionals at every level of management. That throughout the years, as we all know, changed drastically. Yes, we still have some fine professionals leading the City in departments. But, it's not like it used to be. And this is what we have to change. We have to bring that pride of professionalism, of having capable managers to lead the City once again, without feeling the threat that depending in which way the political winds go from day to day, that whatever action they make in the benefit of the City, if it's not convenient to the political winds, that they are going to be out. Commissioner Plummer: Joe, my problem is, I guess more so in the area if we disagree with the manager, and that could happen. Three votes up here, four votes, five votes could disagree with the manager. And just for hypothetical, you would disagree next month. That means that we're having to pick up a half a million dollar ($500,000) package for him to leave. Mayor Carollo: Well, the... Commissioner Plummer: And, I think that you would never find that in the private sector. I think six months, if we decided five votes or any votes up here decided he should leave, six months I could go along with. Mayor Carollo: Yeah. Commissioner Plummer: But, to have to pick a half a million dollar ($500,000) package, I can't go along with. I am just... That's my point. Mayor Carollo: See, but this is exactly what we're talking about, Commissioner. Commissioner Plummer: Exactly. Mayor Carollo: What this City cannot be able to withstand is, that if because a month from now, for whatever political reasons, let's say lightning strike some of us and we're not here, we have an accident and we're not here and the political winds change, that we don't fall back into that same old political shenanigans... Commissioner Plummer: I hear you. Mayor Carollo: ... that we're switching professional managers for political expediency and political managers. And this is exactly why. You've made the best point. Why we're doing this, why so many people from within the professional community have requested us to take this step which is frankly very similar to some of what the County has and bring this City the stability that we need. If we were to do this a month from now, three months from now, six months from now and play that political shenanigans or changing a manager. First of all, forget about our bond rating for years to come. But, at the same time, we would not be here today. I don't think we would have had a single professional applicant truly wanting this position if they knew that they had no guarantee to be able to exercise their best judgment as professionals. Are we from time to time going to have difference with a manager? We might think that things should be done in a different manner, than maybe what the Manager might think?, of course so. That's normal. But that doesn't mean that every time that that happens we are going out and fire a manager, of course not. Mr. Vice Mayor? Vice Mayor Gort: Mr. Mayor, one of the questions that I am asking of everyone that's interviewed, is that I wanted to make sure they were professionals. That I wanted to make sure 4 November 5, 1996 that whenever a Commissioner asked for a pet project where there was no funding, that they would stand up and say "no". And I think you... As I travel to different cities, and I deal with a lot of the cities in South Florida, I find that a lot of our people that were trained here working for other cities. I think we've... Commissioner Plummer: Everywhere. Vice Mayor Gort: ... been good training ground. I think we're getting a good man. I know he is very professional and we need to give him some insurance that he stand up to the Commissions. A lot of the problems we had in the past was trying to please three people all the time and that makes it very difficult. And I always said from the beginning, I wanted professional. That's why I want the most qualified individual. I don't want a politician as a manager. We are the politicians. We are the ones to respond to. I personally don't have any problem with him. I think that Ed would do a great job and I think if we realize that if we fire him just for any reason at all, it's going to cost the City a half a million dollars ($500,000). So, hopefully that will keep us from firing anyone because we disagree and they don't approve our pet projects. Mayor Carollo: Let's correct the record and sum Commissioners that... We are talking half a million ($500,000) amount more or less and if we fire him within a week... Commissioner Dunn: Without cause. Mayor Carollo: ... or the next day after he is hired. That's what we're talking about. Commissioner Plummer: Yeah, that's what I said the potential. No, the potential three years salary. Mayor Carollo: I don't want to people to think that any time, we are not happy with him, if we get rid of him we have to pay half a million dollars ($500,000). That's not the case. Commissioner Plummer: The remaining portion of his contract. Commissioner Dunn: Mr. Mayor? Mayor Carollo: Yes. Go ahead Commissioner Dunn. Commissioner Dunn: I had a couple of questions for the Manager, Merrett Stierheim. You're saying that this package is in terms of security for the Manager which I do support. I realize that when one has that flexibility and that freedom, and if you will the vote of confidence from the Commission, that will free the Manager's hand and we don't stand the risk of history repeating itself. In comparison to other cities, this package in Dade County is normal, is that what I heard you say earlier, more or less? I Mr. Stierheim: I... I Commissioner Dunn: At least Dade County. I Mayor Carollo: We're talking about Dade County. Compared to Dade County. Commissioner Dunn: Dade County. In comparison to Dade County. Mr. Stierheim: Yeah, we have the... We can read the exact language. Here. Commissioner Plummer: What did you do with it? He's got the whole thing here. It's an unbelievable package in the County. Thirty years. 5 November 5, 1996 r Mr. Stierheim: The County... The severance package, and let's read it into the record so you have it. "Since this board acknowledges that Mr. Vidal's service as Public Works Director was outstanding, it would be reasonable to expect that absent Mr. Vidal's appointment as County Manager, he would in order to accrue retirement benefits continue as County employee for 30 years. The board therefore agrees that if Mr. Vidal's tenure as County Manager is terminated for any reason other than cause." And you have termination for cause in this agreement. "He would be entitled to remain as an employee of the County with the level of responsibility and compensation equal to that of an Assistant County Manager, Department Director or equivalent position, 30 years. If however, Mr. Vidal chooses not to remain, then, he would leave with six months on his own volition." So I mean, you know, I have had a lot of experience with contracts like this, myself personally, and I have been involved in several and they were on the gamut. This is not unusual at all. It's not unusual for the private sector or you to have different severance programs. Your can have a year's severance, or two years severance or two years severance or something else. I would offer to you that, you know, you've gone through a process and you've picked a fine professional that obviously all have confidence in. You've all voted for him. And so you're starting out, kind of like a marriage and you know... Commissioner Dunn: Yeah, in good faith. Mr. Stierheim: ... in good faith. Commissioner Dunn: In good faith. Mr. Stierheim: You've got a tough job to do. It is not going to be easy. Commissioner Dunn: How does it end up Merrett? I am just teasing, I am just teasing. Mr. Stierheim: Maybe that's a bad example, I don't know. Commissioner Dunn: I am just teasing, go ahead. Let me... You know as you mentioned that, I remembered vividly my good friend Octavio Visiedo had a... it was not as long for 30 years. But, he had a similar contract with the School Board for Superintendent. That if, in fact, that he was moved that he would be allowed to take a lesser position but at the higher eschelon. I think it's time that we send a positive message to the professionals in Dade County and all across this country that this will not be the political circus that it once was, and I support it. Commissioner Regalado: I'd like to say a personal note. I do sympathize with Mr. Marquez desire to have some kind of security. I am an employee and I have a contract and my line of business its a very fragile one. I depend on the ratings. Every three months you get a rating book, and if that rating book is bad for you, you are in danger of being fired. This is why when I sign a contract I asked and my boss accepted that if for any reason I would be taken off the air or fired, I would get at least a year of pay even being off the air. So, that's what I demanded because the radio, as the City, it's sometimes an unstable enterprise. And this is why I don't have any problem at all with Mr. Marquez asking for some type of security, some type of safeguard to do his work. And I have it myself, so I don't see why he shouldn't have it. Vice Mayor Gort: Why don't we find out if we can vote the way you requested, that way we can move on this? Commissioner Plummer: I am sorry. Vice Mayor Gort: Why don't we find out if we can vote the way you requested and we can go forward on this? 6 November 5, 1996 En Commissioner Plummer: Is that possible if it's? Mayor Carollo: Well, it's taken one part of the contract and then coming back. Would that cause any legal problems down the road, in any way, Mr. City Attorney? Mr. A. Quinn Jones, III, Esq. (City Attorney): No, what will happen you may need, depending on how you vote, you may need two separate resolutions but, you can... Mayor Carollo: Well, see that's the concern that I have. Maybe Commissioner, I don't know, it might be best. I am really concerned about the legality... Commissioner Plummer: Right. Joe, I've made my point. It's on the record, so it would be, you know, that I favor all of the package with the exception of the severance. And for that reason I would vote in the negative if the motion is to approve, which I assume it would be. Mayor Carollo: Yeah. Commissioner Plummer: I have no problem with that. Mayor Carollo: OK, very good. So, we have the resolution before us in its entirety. I think that we cannot possibly send a louder message to our residents than by saying in approving this resolution that this Commission wants to see a professional City being run. That we do not want to see business as usual. That we want to assure them, that this Commission is not going to interfere in the process that our Charter dictates. And at the same time that we're going to give the Manager the guarantees that he needs to be able to run this City like the Charter dictates, in a professional manner. Without everyday not being threatened that if he doesn't do this or he doesn't do that his job could be at stake. I think that this is what so many of you, the residents of Miami, have requested of us to do. And I don't think there will be any question when we vote on this today, that this is the intention of this Commission. Business will not be as usual, like it used to be at City Hall. Any further comments or statements? Hearing none, is there a motion? Commissioner Dunn: Yes, there is. I'd like to move that a resolution set forth and the guidelines that we have before us be accepted as it relates to our new City Manager, Mr. Edward Marquez. Mayor Carollo: There's a motion, is there a second? Commissioner Regalado: Second. Mayor Carollo: There's a second by Commissioner Regalado. Hearing no further discussions, Mr. Clerk can you call the roll please? Mr. Walter J. Foeman (City Clerk): Roll call. Mayor Carollo: Any further... Commissioner Plummer: Go to work. Mayor Carollo: ... items you need to bring up Mr. Manager? Mr. City Attorney? Mr. Jones: What about mine? Commissioner Plummer: Did you hear that? What about his, he's ready? Yeah, I knew it, I knew it. Walter, would you like to throw your hat in the ring also? 7 November S, 1996 r Mr. Jones: Just kidding, OK. Unidentified Speaker: There's a lot going on... The following resolution was introduced by Commissioner Dunn, who moved its adoption: RESOLUTION NO.96-816 A RESOLUTION APPOINTING EDWARD MARQUEZ AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE NOVEMBER 16, 1996, AND SETTING FORTH THE COMPENSATION, BENEFITS AND EMOLUMENTS TO BE RECEIVED BY EDWARD MARQUEZ AS CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 2. BRIEF COMMENT REGARDING PETITION DRIVE TO ABOLISH THE CITY OF MIAMI. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, it might be for your edification, I just went and voted before I came here. And the people that are out there trying to do away with the City, which I refer to as wrong -way Corrigan because everybody that I've seen is pulling away from the County. Commissioner Dunn: Trying to leave the City. Leave the County. Commissioner Plummer: They want to go to the County. A very good friend of yours was the one who was taking up the petition at my voting precinct, at the museum. And the only words... Mayor Carollo: Who was that Commissioner? Commissioner Plummer: Jayne Nelson's husband. The only wordage that they're using: "You want to reduce your taxes? Sign here." Vice Mayor Gort: By 50 percent. Commissioner Dunn: Oh, that's bad. 1 8 November 5, 1996 r Mayor Carollo: Yeah. Commissioner Plummer: Well, I didn't hear that, but if you want to reduce your taxes, sign here. Vice Mayor Gort: Well, what people have to realize is, all that is according to them. If you go to the County, you'd be able to reduce your taxes by 50 percent. We have the gentleman here who created that plan, so maybe he'll be able to do that here in the City, now. Mr. Stierheim: Mr. Mayor, just one before you brake. As you know I am hurdling, accelerating towards the 15th, which is my signing off day and I am working with the task forces and with our team and, in fact, Ed now is coming in and spend some time. But, I would to have you consider a special meeting to make a final presentation to you on the results of all of the task forces, the plan and alternatives which is what I've been working on now for the past few weeks. Mayor Carollo: What day would you like for us to call the meeting, Mr. Manager? Mr. Stierheim: Either Thursday or Friday. Probably Thursday Commissioner Plummer: Which Thursday? Mayor Carollo: Next week or... Mr. Stierheim: The 14th. Mayor Carollo: The 14th? Mr. Stierheim: Yes, sir. Commissioner Plummer: This one I know I am out of town. Mayor Carollo: On the 14th you're out of town? Commissioner Plummer: No, this Thursday I am out of town. Mayor Carollo: Well, this Thursday will not be the 14th. It will be the following Thursday. Commissioner Plummer: OK, hold on. Let me, see if I can tell you right off. Mayor Carollo: Could we possibly maybe have it on... Thursday would probably be best. Commissioner Plummer: Can I ask, how long would do you think that you would want? Mr. Stierheim: Probably a couple of hours. Commissioner Plummer: Could we do it in the afternoon? 9 November 5, 1996 Ir ---------------------------------------------------------------------------------------------------------------- 3. MAYOR CAROLLO DIRECTS INTERIM CITY MANAGER MERRETT STIERHEIM TO CONTACT COMMISSIONERS INDIVIDUALLY TO SCHEDULE SPECIAL MEETING ON NOVEMBER 15, 1996 TO DISCUSS FINAL REPORT / RECOMMENDATIONS CONCERNING THE RECOVERY PLAN -- ALSO TO FORMALLY PRESENT PRO BONO EXECUTIVES WHO COMPRISED THE RECOVERY TASK FORCE. Mr. Stierheim: I would like also, Mr. Mayor, to invite the pro bono executives. Mayor Carollo: Yeah, why don't we do this... Mr. Stierheim: I mean you've got a wonderful team of professionals that have been giving their time... Mayor Carollo: Absolutely. Mr. Stierheim: ... and I'd like them here. Mayor Carollo: I think it would be very key if we did. Sure. Mr. Stierheim: An opportunity for you to meet them and... Mayor Carollo: Can we do this here? Let's come back to the Commission to see exactly what date might be best. Whether that time frame that you described, we'll come back and see what date is best. I will leave it up to you to contact this week each member of the Commission and see what dates are available and... Commissioner Plummer: The only thing I ask is, try to do it in the afternoon so I can get to my office in the morning. Mr. Stierheim: Afternoon is better for me, if it's all right for everybody else. Mayor Carollo: OK. What's that? You have more people that die in the morning? Commissioner Plummer: No. More funerals are in the morning, than in the afternoon. Yeah. Mayor Carollo: I'm glad that you're keeping busy these days, Commissioner. Commissioner Plummer: You got any good ideas? Few people are dying today that never died before. Mayor Carollo: He keeps getting those keepers of the mail from some of the former officials who we had. They're willing to pay mine any time. Commissioner Plummer: Oh, no that's free. Mayor Carollo: This meeting is adjourned. 10 November 5, 1996 A w THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:41 A.M. JOE CAROLLO MAYOR ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 11 November 5, 1996