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HomeMy WebLinkAboutCC 1973-08-09 MinutesMIAMI CITY COMMISSION MINUTES. OF MEETING HELD ON SPECIAL MEETING- THURSDAY, Augubz 9, 1973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D, SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK INCEX Cl irk' SSI I 1 �If�'ti♦ IDA "SPECIAL MEETING" AUGUST 9-1973 ITEM NO. SIBJECT tI NANCE Olj OLUTIUN No. PAGE NO, - 1 2 RESCINDING RESOLUTIONS NOS.73-522 of JULY 12-1973 AND RESOLUTION 73-631 OF JULY 26- 1973 AUTHORIZE CITY MANAGER ENTER NEGOTIATIONS WITH FIRM OF MEL REESE & ASSOCIATES INC 73-643 73-644 4 'SPECIAL CITY COMMISSION MEETING Thursday,August 9,1973 On the 9th day of August, 1973, t:'leCity Commission of the City of Miami, Florida met at their regular meeting place at City Hall, Miami, Florida in special session called by Mayor Ferre to consider business of public import, at 10:35 A.M. Upon roll call the following members of the Commission were found to be present: Reverend Gibson, Mrs. Gordon and Mayor Ferre. ABSENT: Mr. Plummer and Mr. Reboso. An invocation was delivered by Reverend Theodore Gibson who then led those present in a pledge of allegiance to the Flag. Mayor Ferre: This Commission is now in session, because of the interest in time, Mrs. Gordon we said the prayer, --- Fr. do you want to say anything? Rev. Gibson: I want everybody to understand that when 11:00 o'clock comes, Theodore Gibson is on his way , because he must catch a plane. You informed me it would take no longer than 10 or 15 minutes to do what has to be done. Mayor Ferre: Five minutes. Rev. Gibson: Five minutes, that is the memorandum of understanding under which I came to the Mayor Ferre: If I may, let me make a very simple and very brief statement so we understand what we are talking about. On my -^eturn to the City, I am trying to remember what night I returned, the night before last, I read the newspapers and got the transcript of the meeting that was held Tuesday. Commissioner Gordon had brought up some questions which upon my review I concur with, and want to publicly commend her for having the interest and foresight to have seen some, I think, inadvertently omitted problems, that make this contract somewhat ambiguous, and definitely it needSeome clarification. Now, I'd like to, for the record, very strongly emphasize that at no time did I as Mayor of the City of Miami come to any agreement of any kind during any period with Mr. Melvin Reese, on this or any other contract, and that this is a matter that was discussed, before the City Commission and it came up at that time. Now, that does not mean that I discussed with Mr. Reese, --during my discussions with him, I asked him if he would be available for consultation, and this was at my initiative, and it had nothing to do with any request that Mr. Melvin Reese made. He has not at any time ever made any specific request, nor have I at any time discussed with him any specific contract with any specific terms or any specific figures. Now, we, upon Mr. Reese's tendered resignation on the morning, and as I recall, that must have been in the 12th of July, If I am not mistaken it was at the meeting of the 12th of July where he resigned. At that specific time, we offered a motion and I think, if I am not mistaken I think I offered the motion that Mr. Reese be offered a contract on the basis of $25,000. a year for a period of two years, and we instructed the City Attorney to draft that resolution, so it was not just one of these things that came out of the blue and happened quickly and snookered in. It happened on the 12th of July, and we had two weeks to consider it. Now, the City Attorney -1- drafted up a resolution. The resolution was presented on a, --- very late in the day, in the evening of the 26th, becauee that's when it wan ready, and at that time we passed it. Now, in reading it over, as I stated before, I think Commissioner, Mrs. Rose Gordon, has some very valid points and I happen to agree with them. And based on that I think we have to do something about this contract. Now, I tried, I tried, all during the day yesterday to get this thing resolved one way or another. We have a memo- randum here from Mr. Paul Andrews, which in effect says that he would not sign any contract before bringing it back to the Commission. We also have a memorandum signed by Mr. Reese which says he would not sign anything, but here's the problem. It is worded like this, and I am quoting from Mr. Reese,'s statement - 'the special agreement be finalized, finalized, I will not sign it until such time as the City Commission has had an opportunity to review it and approve it. Now, the thing that got me thinking this morning is when I read that word 'finalized'. Well, he is saying 'finalized', so I called up our City Attorney, and Mr. John Lloyd has explained to me, that in Sec. 2 of the contract, it specifically states that that contract must.be,---- cannot be negotiated until the close of August, but must be concluded before the 27th. Now that means that it must be concluded before we come back in session, so therefore there is no question about the fact that Rose Gordon is right, that if we are to do somethin on this, it must be done now so we can put this matter off until September and at that time it can be properly discussed. So therefore, at this time I am open for any resolutions, and Rose, the legal department has written, --- Mrs. Gordon: Mr. Harris, is this the final draft? Mayor Ferre: What is this? Mr. Lloyd: There are two, your Honor, --- Mayor Ferre: We have to rescind the previous action, --- Mrs. Gordon: Yes, we have to rescind previous actions, Mr. Mayor, I would so move then that a resolution rescinding Resolution No. 73-522 which was passe d and adopted July 12, 1973, and Resolution No. 73-631 which was passed and adopted July 26, 1973 be moved at this time. Mayor Ferre: Now, so we don't get into any problems on this Rose, let me ask you on the record, it is your intention then to vote for the next resolution, because I don't want to rescind one unless we get the other one on record. Mrs. Gordon: So the record may reflect what you are referring to, I will read it for the people who are present here this morning, it says ' a resolution authorizing and directing the City Manager, subsequent to August 20, 1973 to enter into negotiations with the firm of Mel Reese and Associates Inc for the purpose of drafting a proposed agreement for consulting services to be presented at the City Commission for review at the next regularly scheduled meeting of the City Cqmmission'. I have no objection to this and I certainly will move that one. Mayor Ferre: We have a motion on the floor. Mrs. Gordon: Move the first one. Mayor Ferre: Rescinding the previous actions. -2- 8/9/73 ti Mrs. Gordon: I'm rescinding the previous action of the Commission. Vice -Mayor Gibson: Mr. Mayor, there are some real questions in my mind. Mayor Ferre: Go ahead, Father. Vice -Mayor: Again I say at this table what Sidney Aronovitz said to me many times, --where there's a will to do, there's a way to do ---I understand what Rose is saying but I thought, and I'm not a lawyer, but I want to tell everybody this morning I did go to law school for one day. Rose told me on the telephone the other day she was not a laywer, but she sat at a table negotiating a lot of con- tracts. I didn't tell her then I went to law school for one day. I do know a little something about reading. Now I would think, and if I'm not right Mr. Lloyd I want you to tell me that Mr. Reese's memorandum of understanding could have done for us pertty much what you want to do now. Mr. Lloyd: This is correct in principle only, however the problem is the Mayor said is with that word 'finalize'. You could get into a legal, there is a possibility of a legal action which could be brought by Mr. Reese because of that word finalize , because the intent of the resolution is clearly prepared, ---is clearly presented in your previous resolution which says between August 20 and 27. Now if Mr. Reese's letter were to say that he agrees that there can be no final agreement until the Sept. 13th meeting of the City Commission, ---perfectly safe, but it does not say that. Mayor Ferre: John, I hate to disagree with, and I'm not a lawyer but the fact is that our previous resolution No. 73-631 states specifically, --- Mr. Lloyd: Yes, yes, Mayor Ferre:----that it must be concluded by the 27th of August. That is the reason we are meeting here today. Mr. Lloyd: There's no question that clearly expresses the intent of the Commission., and if you have a final agreement then you've got a final agreement. Mayor Ferre: Let me for the record say,so I want to be very emphatic about this, and I don't want any questions about this, I absolutely take Mr. Paul W. Andrews and Mr. Melvin,. Reese completely at face value on their word. They are honorable people, I am not under any circumstances questioning their integrity or what they mean to do. These two memorandums clearly spell it out. The problem is that we have a legal, is the word 'hiatus'? Mr. Lloyd: Hiatus, right. Mayor Ferre:--we have a legal hiatus, and the legal hiatus is, that the previous resolution specifically told the Manager to conclude the negotiations by the 27th of August. Vice -Mayor Gibson: I am ready to second the motion. I want everybody to understand that I don't want no legal 'jogging' around here today. 3 Mayor Ferre: We have a motion and a second, any further discussion? -3- 8/9/73 Thereupon the following resolution was introduced by . Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-643 A RESOLUTION RESCINDING RESOLUTIONS NOS. 73-522 WHICH WAS PASSED AND ADOPTED JULY 12, 1973 AND RESOLUTION 73-631 WHICH WAS PASSED AND ADOPTED JULY 26,1973 NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Resolutions Nos. 73-522 which was passed and adopted July 12, 1973 and Resolution No. 73-631 which was passed. and adopted July 26, 1973 are hereby rescinded. Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon and Mayor. Ferre. NOES: None. Vice -Mayor Gibson: May I make a comment, I think it is regrettable that we would un-do what the majority of us did in good faith and that we did not notify the other parties involved, but let's go on with the next thing. Mrs. Gordon: The next resolution I shall read by title --- 'A resolution authorizing and directing the City Manager subsequent to August 20 1973 to enter into negotiations with the firm of Mel Reese and Associates Inc. for the purpose of drafting a proposed agreement for consulting services to be presented to the City Commission for review at the next regularly scheduled meeting of the City Commission. Mayor Ferre: There is a motion on the floor, is there a second, is there any further discussion? Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoF tion: RESOLUTION NO. 73-644 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER, SUBSEQUENT TO AUGUST 20, 1973, TO ENTER INTO NEGOTIATIONS WITH THE FIRM OF MEL REESE & ASSOCIATES, INC. FOR THE PURPOSE OF DRAFTING A PROPOSED AGREEMENT FOR CONSULTING SERVICES TO BE PRESENTED TO THE CITY COMMISSION FOR REVIEW AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolutionvas passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: I'll make a statement, Rose you make a statement, and Fr. if you want to make a statement, the meeting is over. Here's the statement I want to make, because 8/9/73 -4- • I am concerned about Mr. Melvin Reese, and I'm concerned about his misinterpretation of wt-.at has happened, and I'm concerned about the community's possible misinterpretation. Mr. Melvin Reese is an honorable man, he has worked with diligence, he has been thorough, he has been for the most part accurate in his job as City Manager. He has run the City well for 13 years. I think to get a 1,000 hours of Melvin Reese's time for $25,000. a year is a bargain. I am a business man, I have many people under my employment that I pay that kind of money to, and much !++,nra. I would say with ali due modesty that I am a fairly good judge of who is and who is not a good executive. Melvin Reese is an exceptional.. executive. He knows the City of Miami well. I think it would be criminal for us to lose his advice and counsel just because he is 66 years old, he's got many, many years ahead of him, his mind and capacity and is willing to work, is all there, and I would not want to lose the v(..cy valuable services of Melvin Reese. I want him to understand. I am scrry he is not here, he is in Louisville,Kentucky. I want him to understand and I am saying so for the record that this is nothing more than a question of some legal natter on a draft of a contract. Paul, I want you, please, to pass this on to him when he comes back on Monday, that he has, ---I can't speak for anybody else, that he's got my full backing, that I want him to be steadfast, be patient, and I'm sure this will all be worked out to his satisfaction because I certainly want to have his services beyond August 17 on a part-time basis. Mrs. Gordon: Mr. Mayor, because everybody is in a hurry I'm going to make a short statement, and it is to let the people, the public, the press and everyone know that my fringing this matter up was not a personal matter attacking Mr. Reese, at any time, no time have I ever questioned his integrity, his ability or the good he has done for the City of Miami and I am not questioning it at this time either. I am simply saying, in a businesslike manner, I have been a business woman for 20 years, I've had a great amount of ex- perience in contract writing and I have read and re -read many legal documents. I read this one, and was appaled that this kind of document was handed to this Commission after a 13 hour session, was put on the table, and said 'here vote on it', -- I raised one major item at that time, and didn't find other major flaws in it because,I said before, all of os, you, I were pretty worn out at that hour, so therefore I would make a recommendation to our law department that in the future, at no time do they throw legal documents at us at one moment and expect us to vote on them the next. I think this is gross injustice to us, I want to conclude in saying I have nothing personal against Mr. Reese, I have a great deal of respect for him I wish him good luck and good health in anything he attempts b do in the future and I'm glad he is willing to serve us but on the basis on a contract to be drawn, not the one that was done. Thank you. Mayor Ferre: I forgot to mention perviously, because there has been some discussion as to that meeting on Tuesday. I read over the minutes of that meeting, and I want to say that the matter was properly handled by Fr. Gibson, I see nothing wrong in the way that meeting was conducted, I think as I said in praise of Rose Gordon's awareness in bringing out an important problem, I think Fr. Gibson conducted the meeting properly, I think what he did was proper because there was not a full commission at the time, and this thing had to be properly aired. Father I want to tell you, that -5- 8/9/73 I discussed this thoroughly with Manolo Reboso, and that I also called J.L. Plummer by phone in Colorado and I told him what was going to happen and what was being done, so they are both fully aware of the situation and in concurrence. Vice-MayorGibson: Mr. Mayor, let me say I have no apology for the meeting on Tuesday. If I don't do anything else, -- I know how to preside at a meeting, I think I do. The meeting was called for a specific purpose, and under the Roberts Rules of order, you could only deal with that specific matter unless this committee overruled me, and I carried out what I thought in good conscience, and I will say this, I may not be the smartest man in the world, but I think I know how to rule, and I have no apologies, -don't plan to offer any. The next thing to do, if they don't want me to conduct the meeting as I know it ought to be, then don't let me conduct it. Get somebody else to do it. Mrs. offense, demanded time. Gordon: Father, I don't want you to take aly personal there was none intended. The urgency of the situation that it be brought to the table at that particular Vice -Mayor Gibson: Rose, I don't want to argue with you, you have bagered everybody about this business. All I'm saying to you is, I did what was right. Now, if you want to 'grandstand' and all that stuff, that's your business. I don't want to do it, -- Mayor Ferre: Rose, we are going to get into the part we don't want to get into. Mrs. Gordon:You should not take a 'grandstanding' movement at this time either. I don't think it is becoming to you, Father. Mayor Ferre: The raeeting is now adjourned. NOTE: The meeting adjourned at 11:00 o'clock A.M. H.D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAURICE FERRE MAYOR 8/9/73 -6- 1 2 CITY OF MIAMI D 0 C LJ M ENTPE�,A�MET,�� INDEX DOCUMENT IDENTIFICATION RESCINDING RESOLUTIONS NOS. 73-522 AND 73-631 AUTHORIZE CITY MANAGER ENTER NEGOTIATIONS WITH FIRM MEL REESE & ASSOCIATES MEETING DATE: AUGUST 9, 1973 COMMISSION ACTION R-73-643 R-73-644 RETRIEVAL CODE NO. 73-643 73-644