Laserfiche WebLink
Regular City Council Meeting <br />July 14,2003 <br />Page 17 <br /> <br />the day. City Attorney Schenk said he was not aware of this policy. This <br />policy was presented by the City Attorney who was the Acting City Attorney <br />at the time because the city was between City Attorney' s. This did not show <br />up in the City Attorney' s data base because it was prepared on the Acting City <br />Attorney's equipment and ours did not track through the computer what was <br />done. This policy would be problematic with regard to some of the work that <br />was done and the questions that have been asked about some of the projects, <br />as referenced in the City Council minutes, that he has also provided the <br />Council, of June 27, 2000. The first page shows the date and who was on the <br />Council at the time. The next page indicates a quotation by former City <br />Engineer Earl Smith where he is setting out some projects this Council inquired <br />about, those being a sewer outfall line, Clement Road, and talked about some <br />EPA work. On the next page of those minutes, Mr. Smith is advising the <br />Council that those projects would be done by the day and sets out his reasons <br />why. City Attorney Schenk said that the conclusion he could reach is that <br />several of the Council Members who adopted this other policy that he pointed <br />out to the City Council, likewise were there for Mr. Smith's discussion, <br />indicating the prior Council was aware thelwork was being done by work by the <br />day. <br /> <br />Councilman Bell asked if there was a resolution passed approving this. City <br />Attorney Schenk advised that one has not been located. Councilman Bell <br />asked for a common summation of what you just said. Councilman Bell asked <br />Mr. Schenk if he said that the city has been in violation in the past of both the <br />Charter and State Law that has been corrected since you came on board. You <br />have clarified that. City Attorney Schenk said he has not done any study or <br />research to determine how work by the day was paid and what time frame was <br />used in the past. City Manager Malone advised that in the past they had only <br />followed the legal advice that staff has had from various City Attorneys; <br />therefore, anytime that work was done it was done with the advice of Council <br />and of our attorney. Mr. Bell said that these time sheets show that the city is <br />not paying by the day. You cannot have 88 hours in a day. City Manager <br />Malone advised that they thought they were operating within the perimeters <br /> <br /> <br />