8.12.2025 City Council - Ordinances and Legislation

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committee on ordinance and legislation come to order. The clerk could call the role.

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pursuant 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.

Item number two on the agenda, the minutes from June 24th.

Second.

There's a motion to approve and a second. All in favor?

I.

Item number three, proposed ordinance handicap traffic uh referred on 7:15.

Motion for emergency preamble.

Second.

Roll call.

Yes. The uh following parking are Almy Street east 413 feet south of Corey Street. Berkeley Street north 73 feet west of 2nd Street.

Kilburn 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.

Council. Yes.

Councelor Hart.

Yes.

Council repos.

Yes.

Councelor Tiff.

Yes.

Chair Per.

Motion to pass through all readings.

There's a motion and a second. All in favor?

I I.

Proposed 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

Street 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.

Motion to pass through first reading.

Is there a second?

Second.

Motion to pass through first reading. A first and a second. All in favor? I.

Item 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.

Motion to pass through first reading.

Second.

Motion to pass through first reading.

Second.

Second. Councelor Kadine.

Thank 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.

However, um, we have no authority whatsoever to suggest that we have any increases in uh, positions in ordinance.

I 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.

Um, 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

down, 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.

Thank 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,

I know you're not the attorney for the city, but as HR, have you seen this done before?

I 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.

Correct.

I 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,

to 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.

Let 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?

Top of my head I I'm not positive because none of the other appointed positions are set at not to exceed.

They'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.

The motions are on the floor for you. I can't make motions whatever.

No, we're we're already it was it was motion and seconded. So have a vote.

You nobody wants to take back that motion and make a new motion.

Well, 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.

So 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

change 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.

Well, if you table, there's no further discussion on it.

Listen, I'm I'm I'm sorry, I don't have I'll yield the floor.

You yield. Go ahead.

And 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

required to to pay individuals at a price that is outside the legislative body.

I 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.

If it goes to first reading then it's not in this committee. It won't come back here.

So 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.

I didn't I didn't make the motion to table.

Nope.

Not formally.

You made the motion.

You made the motion for first read for first read. Right.

And I second it.

Okay. So we'll vote on that first.

Someone makes a motion.

I'll make a motion table.

Okay. Mo uh that supersedes. So councelor Kadim has made a motion to table. Is there a second?

Second. Second by council tiff. Roll call.

Just to clarify this table and also request a legal opinion.

Yes.

Yes.

Yes.

Call.

Yes.

Council Hart.

Yes.

Council.

Yes.

Councelor Tit.

Yes. Chair.

Yes.

Motion to adjourn. Second.

Second. All in favor? I.

Thank you.