Present: Freddie Foster, Tom Harding, Joey Raspe. Tom DiFransico attended by Zoom. Absent: Beth Vickrey.
In attendance: Scott Black of Vernis & Bowling, City Clerk Silvia Gransee, others.
4:20 BLACK: The original MOU originally referred to the vote as 'the measure' which our position was it was inappropriate to utilize the term measure since it wasn't defined as a measure within the city's code. Our preference was changing that to either an 'award' or a 'vote.' We changed the word to a 'vote' which is what the action was premised upon was challenging that vote to award the contract to HOB. So that's, we've essentially changed changed the word 'measure' to 'vote.' We've added in a provision that confirms each party is going to be responsible for its own fees and costs. We've also corrected a typo, they cited the wrong statute. We corrected that so it cites the right statute in the body of the agreement, and that was really the only changes that were made. And we also specifically in paragraph 1 referenced the prior vote. We we've actually utilized the language of the vote from the from the city's meeting on July 20, 2023 so we're in agreement with the wording. In form and substance it does the exact same thing as the MOU that they proposed. We just changed the wording on a couple of the terms. It accomplishes the same thing which is why in the event the city's inclined to go forward and approve, we're recommending approval of the revised memo.
8:30 FOSTER: I'll make the motion that we go ahead and approve this Memorandum of Understanding as written that we have in front of us that Laurie has but I do have some discussion.
8:40 HARDING: I'll second it.
8:42 BLACK: The only thing I would add there is on a motion to approve we would also recommend upon execution by Ms. Swanson that the city would be effectively repealing the prior award to HOB on July 20, 2023. So it would so assuming she executes it, it would rescind the vote at the same time so you accomplish that in one motion and vote. [emphasis added]
9:04 FOSTER: Would you like to word that out for me?
9:04 BLACK: The motion should be a motion to approve a revised Memorandum of Understanding with Ms. Swanson. Upon her execution of the agreement and the execution of the agreement by the mayor, the city will then automatically rescind the July 20, 2023, award of the HOB project award of the city [emphasis added]
9:23 GRANSEE and BLACK [Unintelligible]
9:25 GRANSEE: "Motion to approve the revised Memorandum of Understanding with Ms. Swanson. Upon her execution of the agreement as well as the mayor's execution..."
9:42 BLACK: the prior vote to approve and accept the HOB bid for the new City Hall project will be repealed.
10:20 DIFRANSICO: I would hate to see this delayed delayed because of our changing of words and because of Ms. Swanson's travel. She's been very vociferous that she dislikes the fact that the attorneys are trying to delay this to drag it out. I certainly don't want to give her another opportunity to do that. Have you, Mr. Mayor, talked to her about this? Are you satisfied that she'll be satisfied with this?
10:57 RASPE: I am but ultimately that signature is in her her court. Once I sign and execute this Laurie will have the final say as to whether she signs it or not also. I agree with you that we need to get this done expeditiously and stop what has been happening. I think it needs to be executed for the city's benefit and for all parties involved.
11:27 FOSTER: If I may. I agree with Tom and the only way I know to make sure that this is done is make a separate motion and repeal the July 20th vote and be done with this. I know that's probably not what you guys (he glanced at the attorneys) are looking for but frankly, I don't care.
11:50 BLACK: So what I would say is, you have a motion and a second on the floor so I'd say if the discussion is done, yeah, I would I would handle that motion.
12:02 FOSTER: So we can handle that motion. What I'm discussing is we're basing this on Laurie approving this. If Laurie has an issue with this, this is all just a waste of time and we're going to find ourselves right back here again.
[Discussion and cautions]
13:29 DIFRANSICO: One more thing, Mr. Mayor. I think to defer this to January would be terrible. We need to address this thing as soon as possible. Extending it out another month would send the wrong signal to the city.
13:46 RASPE: We're going to go ahead and vote on this right now and then I'm not sure if we can get this to Laurie electronically to sign but we're going to make that effort after we execute it immediate if the vote goes in favor of accepting it. We need a roll call now Silvia.
14:22 GRANSEE: [Called the roll] Motion passed.
The vote was 4:0.
