The Fall River City Council Committee on Ordinance and Legislation convened on August 12, 2025. The meeting began with the approval of the minutes from June 24th. The committee then considered two proposed ordinances related to handicap parking. An ordinance to establish new handicap parking spaces on Almy, Berkeley, Kilburn, McGawan, and Wade Streets was passed through all readings with an emergency preamble by a unanimous 5-0 roll call vote. Subsequently, a proposed ordinance to remove existing handicap parking spaces on Bad, Bonabi, Cambridge, Cottage, Fountain, Milk, M, and Somerfield Streets passed its first reading unanimously. The most extensive discussion centered on a proposed ordinance to amend the salary of the Director of Emergency Management, increasing it by $10,000 from the current budgeted amount of $25,000. Councilor Kadim expressed concerns about the City Council's authority to initiate such a salary increase without a recommendation or request from the administration, highlighting that previous increases had always originated from the administration. Nick Malleene from Human Resources confirmed that while the Council might have the ability to send it down, it would obligate the city to fund the static salary amount. Councilor Raposa, who proposed the increase, ultimately agreed with the need for further clarification. The committee unanimously voted 5-0 to table the proposed salary ordinance and refer it to the corporation council for a legal opinion regarding the Council's scope of authority in this matter.
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Council
Public / Other
My
0:28hey. Hey.
0:34pain.
0:42Hey pain.
1:06Hey,
1:31Look at you.
1:50Click
2:02committee on ordinance and legislation come to order. The clerk could call the role.
2:07Here
2:14pursuant to the open meeting law, any person may make an audio or video recording of this public meeting or may transmit this meeting through any medium, attendees will therefore uh advise that such recordings or transmissions are being made whether perceived or unpersceived by those present and deemed acknowledged and permissible. Did anyone sign up for citizen implant? No.
2:36Item number two on the agenda, the minutes from June 24th.
2:40Second.
2:40There's a motion to approve and a second. All in favor?
2:43I.
2:44Item number three, proposed ordinance handicap traffic uh referred on 7:15.
2:50Motion for emergency preamble.
2:51Second.
2:52Roll call.
2:56Yes. The uh following parking are Almy Street east 413 feet south of Corey Street. Berkeley Street north 73 feet west of 2nd Street.
3:08Kilburn Street east 66 ft of Dwelli Street. McGawan Street south 224 ft west of Fielding Street. Wade Street south 60 ft west of Fifth Street. There is an emergency preamble. There was a first and a second. Roll call.
3:24Council. Yes.
3:26Councelor Hart.
3:27Yes.
3:28Council repos.
3:29Yes.
3:30Councelor Tiff.
3:31Yes.
3:31Chair Per.
3:32Yes.
3:32Motion to pass through all readings.
3:34Second.
3:35Motion to pass through all readings.
3:36There's a motion and a second. All in favor?
3:38I I.
3:40Proposed ordinance uh for handicap parking. These are all strikeouts. Bad street north 188 ft east of Jefferson Street. Bonabi Street West 315 ft north of Lincoln Avenue. Cambridge Street Southund 315 feet north of Lincoln Avenue. Cambridge Street south 135 ft west of Jefferson Street. Cottage Street north 61 ft east of Whipple Street. Fountain Street West 227T north of Division Street. Milk
4:15Street West 56 feet south of Charles Street. M Street West 185 ft north of Warren Street. and Somerfield Street north 283 ft east of Rodman Street.
4:26Motion to pass through first reading.
4:28Is there a second?
4:29Second.
4:30Motion to pass through first reading. A first and a second. All in favor? I.
4:34Item number five on the agenda is a proposed ordinance for the director of emergency management salary to be amended. It was referred on 610 um 25.
4:46Motion to pass through first reading.
4:47Second.
4:48Motion to pass through first reading.
4:49Second.
4:50Second. Councelor Kadine.
4:53Thank you, Madam Chair. Uh, I don't support this. Number one, I think this is outside our scope. I don't think we've ever and I appreciate, first of all, let me say that I appreciate uh what my colleague is trying to do.
5:02However, um, we have no authority whatsoever to suggest that we have any increases in uh, positions in ordinance.
5:10I mean, we have a a number of u positions that are not individual contracts or part of a collective bargaining agreement. and every time we've requested any type of increase, it had to come through the administration.
5:22Um, so I won't be supporting it and I'm not even sure that we have it's within our scope. Um, you know, the budget comes before us. We have no authority to be able to increase the budget. Uh, and essentially, you know, it's it's a very similar situation. We've got a a position that was budgeted at 25,000. uh no appropriation order has come down, no request from the administration has come
5:44down, and we're going to increase the um the position by $10,000. So, in in my mind, it's no different than increasing the the budget. So, I for one uh before I could support this, would like to get a legal opinion as to whether or not it's within our scope as a legislative body without any recommendation or uh request coming down from the administration. I yield.
6:05Thank you. Anyone else have any questions? I know uh Nick Malleene is here from human resources. If he would like to add something to this,
6:21I know you're not the attorney for the city, but as HR, have you seen this done before?
6:26I have not. I don't want to speak too much out of school on this. Um Okay. I mean, I believe I checked with the clerk's office when this first came down.
6:33Correct.
6:33I believe you have the ability to send this down. Again, this is me speaking, not you know, corporate council. I believe you have the ability to send this down, but to council's point, the city would be obligated because this is a not a not to exceed position. It's just a static salary amount. So, I believe it would be that's why I checked. You are obligating the city if you do that to I believe fund that. So,
6:55to fund that, which makes sense. Uh this was proposed by councelor Raposa to increase the salary. Did you talk to anybody? Maybe you did if you could share that.
7:06Let me let me ask you the question directly. So if this become if we were to change this to not to exceed 35 would then that be acceptable on what we're trying to accomplish here or what?
7:16Top of my head I I'm not positive because none of the other appointed positions are set at not to exceed.
7:22They're all flat amounts. So without doing any type of research on it, I'd be giving you just a completely fair. Could I suggest that we perhaps have a motion to table and look into the legality of this or if we just pass it through first reading and then ask what Mr. Kadin is talking about to talk the council's first reading.
7:41The motions are on the floor for you. I can't make motions whatever.
7:44No, we're we're already it was it was motion and seconded. So have a vote.
7:50You nobody wants to take back that motion and make a new motion.
7:54Well, I I don't know but there's a motion and second on the floor. There's a motion on the floor to send it to first reading counselor repos.
8:00So I I think it would be wise if we pass it through first reading and it's it's out of our scope then we're making illegal action. So we don't want to do that. So I think to council Kadim's point I agree with him. Let's just do the research first to make sure that we have our proper procedure to do it and if it needs to be changed then we would
8:18change it. So I think that would be wise. The only request I would have is that we table it and also forward it to corporation council for an opinion and then get it to the next meeting.
8:29Well, if you table, there's no further discussion on it.
8:32Listen, I'm I'm I'm sorry, I don't have I'll yield the floor.
8:35You yield. Go ahead.
8:36And I I'm I'm in support of this. So, if the administration wants to come down with a uh a I guess a request for it, then I'm okay with moving forward. I just I just think it's outside our scope because, you know, we we will set precedent and then I could go through the ordinance and say I want this position to be $30,000 and if I get five members of the city council, now you're
8:56required to to pay individuals at a price that is outside the legislative body.
9:01I can certainly bring this back to the mayor. Um the last time this was adjusted was 7122, which was when we had done that full um salary or ordinance update. I think we did it in like November that year and it was retro and that was uh 301 302 310. So we did them all at once at that time.
9:19If it goes to first reading then it's not in this committee. It won't come back here.
9:26So if you want it to go to the mayor, talk to the mayor, then maybe tableabling it would be a better thing because it would still stay in our committee. So I don't know but there is a motion on the floor unless somebody wants to change the motion.
9:44I didn't I didn't make the motion to table.
9:45Nope.
9:46Not formally.
9:47You made the motion.
9:48You made the motion for first read for first read. Right.
9:51And I second it.
9:52Okay. So we'll vote on that first.
9:54Someone makes a motion.
9:56I'll make a motion table.
9:58Okay. Mo uh that supersedes. So councelor Kadim has made a motion to table. Is there a second?
10:03Second. Second by council tiff. Roll call.
10:07Just to clarify this table and also request a legal opinion.
10:11Yes.
10:11Yes.
10:13Yes.
10:18Call.
10:19Yes.
10:20Council Hart.
10:21Yes.
10:22Council.
10:23Yes.
10:23Councelor Tit.
10:24Yes. Chair.
10:26Yes.
10:27Motion to adjourn. Second.
10:29Second. All in favor? I.
10:31Thank you.