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~ t <br />Council Minutes of 8/21/2007 <br />Was that the document we are talking about? Law Director Dubeiko said it was. But <br />legally the document that will be voted upon is as amended. Councilman Gareau agreed <br />and, as a point of clarification, noted the document said corrected copy 8/20/2007. Roll <br />call on the motion to amend Ordinance 2007-93 as stated in the corrected version: <br />Orlowski, yes; Gareau, no; Jones, no; Barker, no; Miller, yes, with comment. The person <br />involved in this, the Assistant Chief, is a 10 year veteran of our department. He has <br />benefit of the Chief or his captains and lieutenants. The mentor that is involved in this <br />case has never served as an assistant chief. And, if safety was such a concern, then we <br />ought to be filling the long unfilled position of Fire Prevention Officer. This does provide <br />60 days mentoring as was originally requested. Roll call continued: Ryan, no, with <br />comment, that he's glad to see other people who have voted no understand the <br />administration has been successful so far in finding the money. He thinks the <br />administration should just go ahead and keep finding the money and pay for him. Roil <br />call continued: Tallon, yes. The motion to amend failed with four na votes and three yes <br />votes. Law Director advised that the legislation had to be dealt with-either it is read on <br />second reading or Council can send it back to committee. If second read, then the agenda <br />must be amended. But some action has to be taken. Councilman Gareau said he felt it <br />should be read as originally submitted and not amended. Councilman Gareau made a <br />motion to amend the agenda to include 2007-93 on second reading as originally <br />introduced. The motion was seconded by Councilman Barker. Councilman Ryan asked <br />for a point of order why the legislation did not go back to committee. Law Director <br />Dubelko said because it has been reported on. Councilman Gareau further explained it <br />was reported out of committee with a recommended amendment. The amendment failed, <br />so it was still reported out of committee. The only thing changing is to take off the "as <br />amended" from the agenda so it can be on the agenda in its original form. Roll call: <br />Gareau, yes; Barker, yes; Jones, yes; Miller, asked if this was simply a vote to amend the <br />agenda, and was assured it was. Mr. Miller voted yes. Roll call continued: Orlowski, <br />no; Ryan, yes; Tallon, no. The motion passed with five yes votes and two no votes. <br />Ordinance 2007-93 introduced by Mayor O'Grady was given its second reading. An <br />ordinance re-authorizing the Director of Public Safety to appoint a temporary, part-time <br />Fire Administrator to assist the new Assistant Fire Chief; re-establishing the pay range <br />for said temporary position and declaring an emergency. Mayor thanked the members of <br />Council who went back to the original legislation giving the 60 days that has been <br />requested and for keeping it on the agenda. He asked all to work with the administration <br />and support this so that we can bring in a part-time Fire Administrator for an additional <br />60 days to provide for the safety of our residents. He asked the legislation be considered <br />under suspension of the rule. Councilman Barker moved for suspension of the rule <br />noting the legislation had been reviewed in committee numerous times. The motion was <br />seconded by Councilman Gareau. Roll call: Barker, yes; Gareau, yes; Miller, no; <br />Orlowski, no; Jones, yes; Ryan, no; Tallon, no. The motion to suspend failed with four <br />no votes and three yes votes. <br />Ordinance No. 2007-94 was introduced and placed on first reading by Councilman Ryan. <br />An ordinance removing Section 721.02, entitled "Sales on Public Property Prohibited," <br />from the Business Regulation Code; placing it in the General Offenses Code as new <br />Section 521.16; and providing for the offense to be classified as a minor misdemeanor. <br />22 <br />