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HomeMy WebLinkAbout1993-10-20 - City Commission Special Meeting MinutesCity Council Special Meeting 10/20/93/KJ Page 1 CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING N'EDNESDAY, OCTOBER 20, 1993 CALL TO ORDER: Mayor Bender called this meeting to order on Wednesday, October 20, 1993 at 9:00 a.m. in the Conference Room #1 of City Hall. Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Henry Schumann Councilman Joseph Schreiber John P. Kelly, City Manager Dina McDermott, Assistant City Manager Mitchell Kraft, City Attorney Carol A. Evans, City Clerk Patricia Marcurio, City Clerk's Office/Records Mgr. 1. PUBLIC PARTICIPA� - Any member of the public may speak to any issue which is on this meeting notice. Speakers will be limited to three minutes during this item. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Mayor Bender OPENED the Public Participation. Nathan Peretzman, resident, said there is a rumor that C/M Abramowitz will apply for the City Manager's position. He expressed his opinions regarding the departure of the City Manager. Florence Bochenek, resident, stated that the City has lost many of the Department Heads and requested that the City choose a new City Manager who will be an asset to the City. Bruce Hoffman, resident, expressed his appreciation to Mr. Kelly for the work he has done for the City. He stated that Ms. McDermott has shown that she is very capable of filling in the City Manager's absence and that she deserves the position of Acting City Manager. C/M Abramowitz stated that he is not a candidate for City Manager. He said he is not qualified and not interested. 1 City Council Special Meeting 10/20/93/KJ Page 2 2, regarding the resignation of City Manager John P. Kelly. Council accepted the resignation of City Manager John P. Kelly subject to the following: a) the resignation is effective October 29, 1993 It b) the City will provide insurance coverage through November c) the City will pay longevity in the amount of $2,009.00 d) the City will pay accrued sick leave and vacation as earned e) legality of the situation. Mayor Bender said when he received the resignation from Mr. Kelly, he had some reservations concerning a problem, which may be a violation of the State Constitution regarding dual office holding. He said he and Mr. Kelly discussed this with some difficulties. He said the Constitution clearly states that it prohibits officers of the State from holding more than one office and holding offices in Foreign Governments and Federal Governments. He said it also states that this particular job of City Manager is covered by this Constitution. Mayor Bender said there is also an Attorney General's Opinion regarding this which applies to City Managers. He said he is not comfortable with anything that the City is doing which contributes to a violation of the State Constitution. He requested that the City Attorney comment on various information which he was asked to gather. Mr. Kraft said he was asked if there are any issues which are relative to the resignation of Mr. Kelly. He said one of the issues which immediately came up was the dual office holding provision under Article 2, Section 5 (a), where the State Constitution holds that no person shall hold at the same time, more than one office under the governments of the State, counties and municipalities therein. Mr. Kraft said he reviewed the Attorney General's Opinion and found AGO 80-97 states that the City Manager is clearly an officer, which is backed up by a later opinion of AGO 91-48, where the City Manager is an officer of the City, as set forth in the Charter and a dual office holding provision does hold. Mayor Bender said the point which has been questioned is that Mr. Kelly's last day of work is October 29, 1993, however, he goes on leave and the leave goes on until November 30, 1993. He said he contacted Coconut Creek and they confirmed that Mr. Kelly will be on their payroll as of November 1, 1993. He asked if it would be a violation if Mr. Kelly receives payroll from Tamarac, as well as Coconut Creek. C/M Abramowitz said he would not condone double --dipping in any way. He said he wants Mr. Kelly to get everything that is coming to him. He asked Mr. Kraft if he would try this case himself if it went to litigation or would he send it to an outside counsel and Mr. Kraft said he would try it himself. Mr. Kraft said the City is on firm legal ground regarding this. C/M Abramowitz asked if Mr. Kraft has discussed this with other attorneys and whether they agree with him and Mr. Kraft said, yes, he has spoken to Josalyn Wilson, Assistant Attorney General in Tallahassee, who indicated to him that the City can declare the position vacant as of November 1, 1993 and her suggestion was perhaps the City Manager should be made aware of this so that he City Council Special Meeting 10/20/93/KJ Page 3 could forestall any concerns or problems that are being generated. Mr. Kraft said he spoke with Chip Morrison, General Counsel to the Florida League of Cities, who views the City Manager as an Officer. He said he read the Letter of Resignation from Mr. Kelly to Mr. Morrison and he was of the opinion, informally, that the taking of the second position acts as a resignation of the first position. He said Ms. Wilson had more to say regarding this and stated that if you are an employee, for the purpose of being on vacation, you are also an employee and an officer and this cannot be done in both places. Mr. Kraft said he also spoke with Mike Burke, Attorney for the firm of Johnson and Anselmo, who was also of the opinion that this would create a Constitutional problem. C/M Abramowitz asked if Mr. Kraft was quoting a case where the City wanted to appoint the City Manager/City Clerk in the same city as dual office holding and Mr. Kraft said he had stated that the opinions he quoted were based on different facts. Mr. Kraft said there is no case, in the Attorney General's Opinion, which deals specifically with this type case. He said the preliminary issue is a City Manager and Officer, for the purpose of dual office holding. He said the Attorney General's Opinions are for the purpose of advising the Council that the Attorney General has found this to be the case in other situations. C/M Abramowitz said he has never been in the habit of acting on things that come before him ten minutes before a meeting. He said he wants to have the facts. V/M Katz asked if Ilene Lieberman's position as Mayor of Lauderhill and her position as President of the Florida League of Cities does not constitute the same type of counseling and Mr. Kraft said he is not in the position to reply to any other situation. Mr. Kraft said based on the history of the Florida League of Cities, the officers are always officers in other cities. C/M Schumann said the League of Cities is not an office for profit. Mr. Kraft said the League does not exercise powers of sovereignty as an Officer of a City does. C/M Schumann said this Law makes reference to sovereignty. Mr. Kelly said there is no Case Law regarding dual office holding between two municipalities but deals within a single municipality. He said a person cannot be a City Clerk and a City Manager in the same City. He said he agrees that he is an Officer of the City. Mr. Kelly said his resignation provides a continuation, through vacation, which is accrued, that he could accumulate and be here, in the City of Tamarac, through December 29, 1993, if he wanted to postpone going to Coconut Creek through that time. He said sick time which he has available would take him through January, 1994. He said if he exhausts all of his accrued time it would take him through some time in February. Mr. Kelly said when he advised the Mayor that he would be resigning, the Mayor indicated that it would be best that he leave as soon as possible with which he agreed. He said he has a two week time period to clear up his affairs with the City and meet with the various Department Heads. He said he has three personal City Council Special Meeting 10/20/93/KJ Page 4 days left, which he is going to take next week and the City may place him on Administrative Leave at any time. Mr. Kelly said he has spoken with attorneys, who have stated that the dual office provision has no relevance in this case, and they would be very willing to work with him to address this with the City and with the City Attorney. Mr. Kelly said this is not dual office holding. He said once he resigns under the terms the City is currently set up, he has a Resolution drafted accepting that when he leaves the City, if he is going for an extended period of time and he knows he will be out-of-town, it is put in writing to the Council stating who would be the Acting City Manager. Mr. Kelly said when he goes to a meeting out-of-town, Dina McDermott is automatically the City Manager and, if she is not available, then Michael Couzzo is the Acting City Manager. He said when he is out of the City, and they are the Acting City Manager, all power of the Office of the City Manager is vested in that person. Mr. Kelly said he can appoint somebody now to be the Acting City Manager and just walk away. He said the Council has the right to override that and choose someone that they want. He said if Council does not do this, he will decide who will act as City Manager and if he does not, it automatically becomes Ms. McDermott. Mr. Kelly said when he leaves the City he is not a dual office holder but will simply be on the payroll for benefits for which he is entitled. C/M Schreiber asked what Mr. Kelly's status would be at that point and Mr. Kelly said once he leaves he would not be able to take any action in the City. C/M Schreiber asked if he would still be an employee and Mr. Kelly said he would not be an employee but would be on vacation status. C/M Schreiber said Mr. Kelly is seeking to cover himself for 30 days with his insurance and Mr. Kelly agreed. C/M Schreiber said he is also seeking the longevity to which Mr. Kelly will be entitled at the end of November and he asked why Mr. Kelly could not arrange to resign at the end of November and begin working for Coconut Creek on December 1, 1993. Mr. Kelly said that is one of the options being presented to Council or he could extend it to December 29, 1993. Mr. Kelly said Coconut Creek wants him on the job on November 1, 1993 and Mayor Bender had indicated that he wanted him to leave as soon as possible. C/M Schreiber said Mr. Kelly had mentioned extending his sick leave. Mr. Kelly said he had stated what he is entitled to and C/M Schreiber agreed. Mayor Bender said there has been no question as to what money is due Mr. Kelly. He said Mr. Kelly will receive everything that he is entitled to. Mr. Kraft said the issue of dual office holding just goes to whether or not he can be in two positions. He said if Mr. Kelly is City Council Special Meeting "" 10/20/93/KJ Page 5 owed accrued vacation or whatever else he may be owed, that is not addressed by the dual office holding position. He said it is the vacation of the job that matters. Mayor Bender said he had requested that the City Attorney check with the Attorney General's Office and explain to them that the position in question is dual office holding between Tamarac and another City. Mr. Kraft said he did speak with the Attorney General's Office, Opinion Division, and an informal opinion was given that the acceptance of a second job on November 1, 1993, would give this Council the right to declare a vacancy for the position in the City of Tamarac. C/M Abramowitz said he understands that Mr. Kelly wants to remain for this period of time to cover himself with insurance and his longevity, which has been accrued throughout the year, is now 10- 1/2 months in and, if he remains, he will receive his longevity. He asked why this is being discussed if everyone is willing to give Mr. Kelly whatever he has coming to him. C/M Abramowitz asked Mr. Kelly if he would leave tomorrow if he received everything coming to him and Mr. Kelly said, yes. C/M Schumann said the only problem would be the longevity, for which he must be here at the end of the year to collect and Mr. Kelly disagreed. Mr. Kelly said the employee needs to be on the payroll to receive longevity and that only applies to FPE. He said the contract specifically states that this does not apply to any of the other positions in the City, supervisory, confidential or executive. He said it has been a precedent in a policy that it would be paid out if the employee is present. He said technically, November 26, 1993, is the last pay period in the month of November and anybody who is with the City at that time would be entitled. He said his vacation can easily carry him through December. Mr. Kelly said he can also remain on the job through November, which is not in the City's best interest. C/M Schreiber asked how much his longevity amounts to and Mr. Kelly said $2,009.00. C/M Schreiber suggested that everyone be practical and realistic. He said if Council denies Mr. Kelly's request, Mr. Kelly can institute litigation and it could cost the City more money and it could be embarrassing. He said it may be in the best interest of the City to resolve this, pay him and wish him well. Mayor Bender said the only question he had was the resignation being effective November 30, 1993. He said he believes that the resignation should be effective at the end of October. He said Mr. Kelly will officially be on the payroll of another city as of November 1, 1993. He said this is so that Tamarac is not in violation. Mr. Kelly said if Council accepts giving him the payment now then he would not be here and there would be no problem. Mayor Bender recommended that this be made effective at the end of October so that he is not on the City's records. C/M Schumann asked how Mr. Kelly can be on a hospitalization policy when he is no longer an employee and Mr. Kelly said there is an obligation for 18 months past and Coconut Creek will pick City Council Special Meeting 10/20/93/KJ Page 6 him up on December 1, 1993. C/M Abramowitz said there is a sensible solution for this but there is concern regarding double-dipping. He said he does not want to send a message out asking prospective employees to come work for seven years and get nothing. He said he agrees with everything that C/M Schreiber stated. Mayor Bender suggested that the resignation be effective at the end of October so that Mr. Kelly is not on two sets of books of two different cities. He asked if this could be arranged. He said it is illegal for Tamarac to carry Mr. Kelly on the books. Further discussion was held regarding this. C/M Schumann said he would like to know what the insurance contract reads. He said he does not want to do anything which would be contrary to what any contract or law states and C/M Abramowitz agreed. C/M Abramowitz said at present, Mr. Kelly can receive all the money which is due him with the exception of one month's insurance and, extending to November 26, 1993, the longevity which amounts to $2,009.00. V/M Katz said Mr. Kelly can get his longevity even though he is not present until November 26, 1993. Further discussion was held regarding this. Mr. Kelly clarified the longevity by stating that his longevity was accrued last year and he is being paid for Fiscal Year 1.992/93, not this year. He said he has already earned the longevity and the pay out comes in November of the following year. C/M Schreiber asked if it is contingent on the fact that he must be present at a certain time to receive the money and Mr. Kelly said only in the Union Contract. He said the FPE Contract does not involve this. C/M Schreiber said Mr. Kelly has already earned his longevity and is entitled to get paid for it. Ms. McDermott said the longevity is based on the years of time in and Tamarac pays the year after. C/M Schreiber MOVED to APPROVE that the City Manager be paid the longevity pay and be covered for the 30 day insurance period, with a resignation date effective October 29, 1993, subject to the fact that whatever is being done is legal and proper. Mr. Kraft said he has nothing to add and has not researched the issues which have been raised. V/M Katz SECONDED the Motion. VOTE: ALL VOTED AYE Mayor Bender handed the gavel to V/M Katz. Mayor Bender said he has a daughter who has been unemployed for some time. He said she has filed applications with a number of cities, Plantation, Sunrise and Tamarac. He said on Monday, she received a notice to come in for an interview, received an interview by a Department Head and the job being offered to her is a temporary job as an Administrative Secretary. Mayor Bender said he felt a bit uncomfortable and wanted to bring it to the Council's attention. He said he wanted to be sure that City Council Special Meeting l', 10/20/93/KJ Page 7 no rumors were started and that nothing illegal was done. He said at present, his daughter does have an offer from the City for employment, which she has not yet accepted. 3. DISCUSSION AND POSSIBLE ACTION regarding the selection of an Interim City Manager. _SYNOPSIS OF ACTION: TABLED for a time not to exceed seven (7) days to explore the financial information requested. Mr. Kraft said the term, "Interim" means to hold in place until something else happens, whereas, `"Acting" is in place of somebody else. He said if, in fact, Mr. Kelly is gone effective October 29, 1993 and the Council is looking to name someone from October 29, on, perhaps a more appropriate term would be "Interim". V/M Katz said the reason for this suggestion is what Mr. Kelly eluded to before with respect to the fact that if no action is taken, Ms. McDermott is automatically Acting City Manager. He said he does not want anything to reflect that the Council did anything improperly. He said if Council is looking to have someone take over the responsibilities of the City Manager until Council addresses what they actually want to do, then "Interim" is the proper term. Mayor Bender said the position of City Manager is a job which Council has to be cautious about. He said he feels the City should look outside the City for possible candidates and also examine what the City currently has available and be sure to pick the best person possible. Mayor Bender said he would like to make a recommendation that would be impartial concerning the fact that there is someone currently holding the position as Assistant City Manager. He said it may look as if Ms. McDermott is being favored for the job. Mayor Bender MOVED to APPROVE selecting Larry DuPre, Personnel Director, as the Interim City Manager. C/M Abramowitz asked how long Mr. DuPre has been with the City and Ms. McDermott said since March, 1993. C/M Abramowitz said he has not seen Mr. DuPre's qualifications for this but is impressed with his actions as a negotiator with the Union Contract. Mayor Bender asked for a Second to his Motion. C/M Schumann SECONDED the Motion. C/M Abramowitz said it would be highly improper to name anyone who has not appeared before Council. He said the Council chooses the Interim City Manager or any other officer. He said he does not know Mr. DuPre's qualifications regarding his ability in other areas other than the one he is currently holding as Personnel Director. C/M Abramowitz said the City currently has someone who has been doing this job for a number of years. He said two years ago, the Council gave Ms. McDermott a $10,000.00 raise, in recognition for her ability and the work she had been doing in the City. He asked why Council would not consider the person who has proven to handle the job. He said he agrees that the City should look outside for a new City Manager, but in the interim, he suggested that the Council ask Mr. DuPre to attend this meeting and find out what his City Council Special Meeting 10/20/93/KJ Page 8 capabilities are for this position. C/M Abramowitz said this is a terrible position for Mr. DuPre to be placed in. He said there is not enough continuity and there is too much going on and not enough common sense being used. Mayor Bender said he took a personal interest to find out when Coral Springs had an opening. Mr. Kelly suggested that Council ask Mr. DuPre if he is interested in this position prior to discussing it further. Mr. DuPre entered the meeting. Mayor Bender explained to Mr. DuPre that he had made a Motion for Mr. DuPre to act as Interim City Manager and some of the Council members want to address the question as to whether he would be willing to accept this. C/M Schreiber said Mr. DuPre's name was presented to Council to act as the Interim City Manager until a City Manager is selected. He asked Mr. DuPre if he is agreeable to serving in the capacity of Interim City Manager. Mr. DuPre said when he was first hired by the City, he was hired as Personnel Director and he is a very good Personnel Director. He said if Council were to appoint him Chairman of the Cardiovascular Unit at University Hospital, he would not do a very good job because he would not be qualified for the job and would fail at it. He said if Council saw fit to appoint him as Interim City Manager, he has no interest at all in the job on a permanent basis. Mr. DuPre said he is not qualified for the job, does not have the skills to do the job and has never had any interest in working for an elected body. He said he prefers to work for a City Manager. He said he does not have the diplomatic skills that it requires to negotiate with an elected body. He said he has worked for four City Managers and two County Administrators and he has the utmost respect for those who choose that profession. Mr. DuPre said someone contacted his wife at work and told her that he was going to be appointed as City Manager. He said this was someone he has never met and his wife was questioning him when he arrived at home after work. He said if Council, as a body, requested that he serve as an Interim City Manager, as an overseer until someone else can be selected, he would do it. He said he has no interest in the job permanently. TAPE 2 C/M Abramowitz expressed his appreciation to Mr. DuPre for his candor and honesty in this matter. He said Mr. DuPre has just stated that he does not have the skills for this, does not have the aptitude for it and does not have the attitude for it. He commended Mr. DuPre on his Personnel Director's skills. Discussion was held regarding this. V/M Katz said he does not know how a person who expects to be here after a City Manager is appointed by this body, can make decisions comfortably that may affect the person that he is going to have to work for after a permanent City Manager is appointed, assuming that Mr. DuPre qualifies for the position. V/M Katz said Council is putting Mr. DuPre in a very tenuous position. He said he would have to be making decisions that he would have to justify to the person who is going to be his boss in the future. He said this is not the position that Mr. DuPre should have to be put in. Ll City Council Special Meeting a 4-^.ra I 10/20/93/KJ Page 9 C/M Schreiber said Mr. DuPre would rather not do this unless Council insists that he does it. He said Mr. DuPre is being put in a position which is not healthy for him now or in the future. V/M Katz said Mr. DuPre is a good Personnel Director, which may be changed if he is placed in this position. C/M Schreiber said he would like to point out that the problem with this City has been that the City Manager should be independent, should be strong and should not be controlled or influenced by any member of the Council. He said in the past this has not been the case. He said the Council has an opportunity to make a change and to bring in somebody new. C/M Schreiber said his concern with Ms. McDermott is that if she is to be the Interim City Manager, she should be her own person and should not be controlled by anyone. He said it has been the history of past administrations that the Mayor has a very strong influence on the City Manager. He said he wants a City Manager who has the courage of their convictions to do the job as they are supposed to do it, with the abilities and the authority that they have. C/M Schreiber said he would prefer that the City hire a new Manager from out-of-state. He suggested that the City start fresh, instead of getting a retread from another City. Mayor Bender said Ms. McDermott had applied for the City Manager's position in Coral Springs. He said it disturbs him that she did not qualify for the shortlist. Ms. McDermott said that is not true. She said it was the Assistant City Manager's position that she applied for and she was a finalist out of 285 applicants and was ranked #3 in the total findings. She said the individuals that Coral Springs hired included one who was previously working for the City and the other that the previous City Manager had. Further discussion was held regarding this. C/M Abramowitz said the information that he received was that Coral Springs could not afford her salary. Mayor Bender said he felt that the City needed someone who would be unbiased and made a recommendation. Ms. McDermott said the information which Mayor Bender has on the City of Coral Springs is incorrect. She said she did apply for the Assistant City Manager position. She said there were 285 applicants and she was ranked in the top six. She said she also interviewed and ranked #3 out of the top six. Ms. McDermott said the individuals which they hired were of their own choosing. She said there has to be the right fit when applying for Assistant to the City Manager's position. Ms. McDermott said she has been employed by the City of Tamarac for the past five years. She said she has never had any complaints, comments or problems from elected officials within the City. She said two years ago, the Council recognized and commended her ability through a salary increase, which is significant. Ms. McDermott said she presently handles all facets of daily City operations from finances to managing all employees. She said she is extremely confident and has run the City in the absence of the City Manager for the past four years, which is also significant. City Council Special Meeting 10/20/93/KJ Page 10 Ms. McDermott said she is the most qualified, experienced and responsible person at present, until the Council makes a final decision. She asked if it is because she is a young female. She said she has never received any comments from Council about a negative performance or problems, complaints or concerns. Mayor Bender asked why she would bring up the situation of being a young female and asked what that has to do with this. Ms. McDermott said she has been the Acting City Manager for the past four years and it is very strange that all of a sudden, she has the Mayor looking for another individual. She said she may not be interested in the final position, she has not made this decision. She said she is very qualified and very confident and has the ability, skills and a known record. She said she also has the training from the International City Manager's Association (ICMA), Florida City/County Manager's Association (FCCMA) and is very involved in her professional organizations. Ms. McDermott said Mr. Dupre is a Personnel Director. She said when Mr. Dupre came to the City of Tamarac, she was the person who made the recommendation to the City Manager to hire him. She asked why she is being discounted all of a sudden. Mayor Bender said she is not being discounted. He said the Council is not selecting a City Manager. C/M Schreiber asked if Ms. McDermott believes that whatever information the office of the City Manager has should be provided to the City Council as soon as it is received and Ms. McDermott said, yes, which is part of the training received from the ICMA. C/M Schreiber asked if she is aware that there were times during the course of the year, with the budget, when funds were set up in a separate account, like a trial balance account, that does not reflect in the budget and these funds were never shown to the members of Council during the budget workshops. He said at present, he understands that the City has a surplus of $350,000.00. He asked if she was aware of this information. Ms. McDermott said a trial balance sheet is separate from the budget and is available to Council at any time. She said Council has discussed this previously at workshops and has discussed this during the actual budgets. Discussion was held regarding this. Mayor Bender RECESSED the meeting at 10:00 a.m, in order to gather some information, and RECONVENED the meeting at 10:10 a.m. with ALL PRESENT. Mayor Bender said he attempted to get some information during the recess but was unable to reach the individual involved; therefore, was not successful to get the additional data he was seeking. Mayor Bender said the term "Interim" means a temporary person acting and overseeing and does not have to be qualified to be appointed. He said the City still has an Assistant City Manager present to handle the duties and he feels that Council should act accordingly. Mayor Bender called for a vote on the Motion. 1 City Council Special Meeting--,:, 10/20/93/KJ Page 11 C/M Abramowitz asked what the Motion is and Ms. Evans read, "To appoint Larry DuPre as Interim City Manager." VOTE: V/M Katz - NAY C/M Schumann - AYE C/M Abramowitz - NAY C/M Schreiber - NAY Mayor Sander - AYE C/M Abramowitz MOVED to APPROVE appointing Acting City Manager Dina McDermott to the role as Interim City Manager, until the City can interview other candidates for the City Manager's position. V/M Katz said Ms. McDermott is not Acting City Manager until October 29, 1993, but is the Assistant City Manager and C/M Abramowitz agreed and changed Assistant City Manager to Interim City Manager until the City can solicit applications for the full- time position of City Manager, SECONDED by V/M Katz. Mayor Bender said the Motion should be corrected to indicate effective the end of October. C/M Abramowitz AMENDED the Motion to be effective upon the departure date and resignation of the City Manager and V/M Katz SECONDED the Motion. C/M Schreiber said prior to Council's recess, he brought up something about failure to disclose information to Council, which was not fully explained to his satisfaction. He said he has concerns he is not receiving information that he should be receiving and something is wrong. C/M Abramowitz requested a workshop regarding this. He said he has heard the remarks about all of this money being discussed and he feels that a workshop is needed to discuss this with the Finance Department for clarification of trial balance. C/M Schreiber said he has not received all of the information for him to vote properly because he is not fully informed. C/M Abramowitz said there is a Motion on the floor to act on a particular piece of business. Mayor Bender said there is a Council member who is looking for an answer to his question prior to making a decision. C/M Schreiber asked if there was any information withheld to him during the course of the budget workshops and budget process that he should have been made aware of and was not. V/M Katz said he was present at all of the meetings. Further discussion was held regarding this. C/M Abramowitz said he would not ask Ms. McDermott for this information but Mr. Kelly and he would not be comfortable with Mr. Kelly's answer without the Finance Director being present. C/M Schreiber recommended this item be Tabled until the workshop is held to determine the answer to his question and then he would be comfortable making a decision as to whether he wants Ms. McDermott to act as Interim City Manager or not. City Council Special Meeting 10/20/93/KJ Page 12 C/M Schreiber MOVED to TABLE the appointment of the Interim City Manager, once the City Manager has resigned, for a time not to exceed 7 days to explore the financial information, SECONDED by C/M Schumann. VOTE: C/M Abramowitz - NAY V/M Katz - NAY C/M Schumann - AYE C/M Schreiber - AYE Mayor Bender - AYE 4, DISCUSSION AND POSSIBLE ACTION, regarding findings of review of trial balance of the Treasury and General Fund. SYNOPSIS QE ACTION: Agendized by Consent and discussion was held. Mayor Bender MOVED to AGENDIZE Item 4, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE Mayor Bender said he has been examining the City's records for many years and has identified funds which are available to be used for balancing the City's budget. He said in 1991, he identified $500,000.00, which was ultimately placed into the budget. He said this came from the Management Information Service Fund (MIS) and referred to a report dated April 30, 1991. C/M Abramowitz said he would like to review this information. Mayor Bender said Council may have a workshop to discuss this in detail. He said this year, he pulled the trial balance on the Treasury and General Funds and picked out a couple of items to check the results and requested a run down on the two items by the City Manager. He said he received back copies of correspondence and funds appeared. He said the records show that as of October 19, 1993, there is in the Treasury Fund an amount of $235,774.00. C/M Schreiber asked if this amount is surplus. C/M Abramowitz asked what the money is for and Ms. McDermott said it is the City's pooled cash. V/M Katz said if the City receives money from a vendor, the money goes into that fund until it is placed where it is supposed to belong. Ms. McDermott agreed and until the City receives revenues on Storm Water Management, the pooled cash is the money the City would use to purchase the equipment that the Council approved. Discussion was held regarding this. Mayor Bender said it is identified as surplus funds over and above the requirements. Further discussion was held regarding this. Mayor Bender said any money which comes into the City and is pending going where it should be placed is surplus money because it is not in the budget. He said in two weeks, the books will be closed for Fiscal Year 1992/93, which is the purpose of this discussion. V/M Katz said he would not declare this as surplus until he knew that every account that the City has to make payment to has been paid. Further discussion was held regarding this. 1 1 City Council Special Meeting 10/20/93/KJ Page 13 Mayor Bender said after everything is paid, the Fleet Maintenance Fund has a surplus fund of $82,378.00 and Ms. McDermott said that is pooled cash. Mayor Bender said this is all money that Council is not aware of when the budget is being prepared. He said this is one of the reasons that he voted not to have an increase in the budget. Further discussion was held regarding this. Mayor Bender said at present, there is $282,230.00 which is undesignated and has to do with the General Fund and there are some outstanding accounts and some payments to be made. He said he has a suspicion that there is at least $200,000.00 that will be available. Further discussion was held regarding this. Mayor Bender said some of this money is in the carry-over for the 1993/94 Fiscal Year. He said Council should know of everything that is going to be available in order for Council to make final, good decisions. C/M Abramowitz said he sent a memo to the City Attorney asking him to res*aireh whether the Code allowing burning in Land Section 7 was -a of the Court Order or of Council action. He said if this'wai:I result of the Court Order, it will be a problem e�i chang.rt and, if it is an action of past Council, the Council can rescind it. Mr. Kraft said he has begun the research on this but is not yet complete. C/M Abramowitz requested that this be copied to all Council members after the research is completed for further discussion and Mr. Kraft agreed. Mayor Bender asked if Council has any problem with his daughter getting a job with the City. He said she has been offered a temporary position. C/M Schreiber said she has been offered the job and is qualified to do the job. He asked if Mayor Bender feels comfortable with it. Mayor Bender said she did this on her own and was offered the position as Administrative Secretary. C/M Schreiber said when and if she is hired, people are going to say that she received the job because she is the Mayor's daughter. He said as long as she is qualified to do the job then she is entitled to apply like any other citizen. Further discussion was held regarding this. C/M Abramowitz suggested that it behooves the Mayor to also bring to Council all other applicants which were interviewed to eliminate any future problems. Mayor Bender said Council can get this information from the Personnel Department. C/M Schreiber asked if this is an Administrative matter in which Council should not get involved and C/M Abramowitz said this could become a legal matter. Mr. Kraft said this would be covered by the Ethics Code and whether there would be a no -special -private -gain and is also covered by Section 2-263 of the City Code, under Nepotism. He read this portion of the Code. Further discussion was held regarding this. City Council Special Meeting 10/20/93/KJ Page 14 Mayor Bender asked if there would be any problem with his daughter accepting a position with the City and Mr. Kraft said there would be no problem as long as the Mayor has nothing to do with the hiring, promoting or would be receiving any special private gain from it. Mr. Kraft said he will defer the research to the Ethics Code and would like to review the issues in Section 112 prior to giving a final decision on this. C/M Abramowitz suggested that this conversation be held with the Personnel Director and everything be done by the book. He said if the young lady is qualified to do the work, that would be fine. with no further business, Mayor Bender ADJOURNED this meeting at 10:45 a.m. CAROL A. EVANS, CMC CITY CLERK BENDER MAYOR CITY OF TAMARAC APPROVED AT MEETING OF L 1 1