Minutes
A Special Meeting of the Flushing City Council was called
to order on
Present: Richard L. Bade
John C. Gault
Janice L. Gensel
Raymond Peck
Teresa K. Salem
Michael T. Szukhent
Absent: None
Others Present: Dennis J. Bow, City Manager
Nancy G. Parks, City Clerk/Treasurer
Edward G. Henneke, City Attorney
MEETING OPEN TO THE PUBLIC:
No comment.
City Councilperson Appointment – The City Manager reported that there was only one (1) applicant to fill the vacancy in the 3rd District created by the resignation of Jay Johnson. This applicant was Richard Mark.
The City Manager read Mr. Mark’s letter of interest, in which he discussed his educational and professional background and his current position of Principal of Rowe, Inc.
Motion by Bade, seconded by Gault, to appoint Richard Mark to fill the Flushing City Council District 3 position from February 22, 2005 until the November 8, 2005 General Election.
Yea: Bade,
Gault, Peck,
Nay: None
Motion Carried.
Mr. Szukhent asked if the City Attorney had had an opportunity to look at any potential conflicts of interest. Mr. Henneke responded that he had, and found out that there are not only charter provisions, but ordinance provisions, and state statutes pertaining to conflict of interest. State statute is less stringent than the City Charter, so he chose to follow the City Charter. Mr. Mark cannot benefit financially, directly or indirectly, unless there are certain things met, 1) full disclosure of the contract being dealt with, 2) the pecuniary interest he may have in that contract, and 3) that he discloses that financial conflict, that he simply abstains from voting. A contract, unless it’s subject to an open bidding process, must be voted on by two-thirds of the City Council.
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Page Two
Rowe, Inc. can proceed to do the work they’re doing and, if the contract goes out for bid or whether it doesn’t, it would have to be voted on by two-thirds of the Council. Mr. Mark would have to disclose his interest in the contract, and the City Council must also make a disclosure. These disclosures would have to be posted, as City Council meetings must be posted, and it would also become part of the record of the meeting. Mr. Henneke advised that Mr. Mark also abstain from discussing the contract, as well as voting. Once the contract is adopted, there are several things he can do – 1) if there is approval of payment on the contract, he could vote for approval of the payment, it is simply an auditing procedure, 2) he could vote to approve the minutes of a meeting where a contract was approved, and 3) he could listen to any reports made by Rowe, Inc.
The City Attorney will prepare a form to be posted by the City Council. He will discuss with Mr. Mark a pro forma notice that he will supply. In that notice, any time there is a specific matter coming up, the Council would give ten (10) days’ notice, prior to a specific contract being voted upon. He recommended that we have a permanent posting.
The Clerk administered the Oath of Office to Mr. Mark.
Closed Session – Motion by Szukhent, seconded by Bade, to go
into closed session to discuss labor negotiations, pursuant to provisions of
the Open Meetings Act of the State of
Yea: Bade,
Gault, Mark, Peck,
Nay: None
Motion Carried.
Adjourn:
Reconvene:
Labor Agreement – Motion by Szukhent, seconded by Gault, to support the City Manager’s position regarding labor negotiations with the Flushing Department of Public Works.
Yea: Bade,
Gault, Mark, Peck,
Nay: None
Motion Carried.
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Page Three
Adjournment – Motion by Szukhent, seconded by Gault, to adjourn.
Yea: Bade,
Gault, Mark, Peck,
Nay: None
Motion Carried.
Adjourn: 5:12 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer