12/1/2020 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 12-01-2020 Councilwoman Hemann moved to refer 2020-111 back to the Streets & Transportation Committee. The motion was seconded by Councilman Limpert and passed 5-2. Roll Call: Yes: Hemann, Limpert, Schumann, Brossard, Williamson No: Glassburn, Kelly Motion passed. Resolution 2020-111 referred back to the Streets & Transportation Committee 5-2. Councilman Limpert voted yes with comment. I think it is important if there is some discrepancy or disagreement on the merits of the resolution that we should revisit that in detail. Councilman Glassburn voted no with comment. The irony of referring legislation back to committee that others were so urgently insistent upon moving forward is not lost upon me. Madame President, as a Council we know how to operate our body. This afternoon, the council received false legal advice on this matter from the Law Director arguing that the funding for Clague Road and funding for local roads somehow have no relationship and cannot legally exist in the same legislation. This is false advice and it was given with the recommendation to Council to do what we are precisely entertaining in this motion, sending the legislation back to committee. You don't have to take my word that the advice is wrong, you can just read the Director's own words in the minutes of the April 4, 2017 Meeting of Council where he argued against a resident in a situation such as this, known as the one subject rule. That Council has "a great amount of latitude" and that "as long as a common purpose or relationship exists between the topics then there will not be a disunity and subject matter" and that "only a manifest gross and fraudulent violation could be successfully challenged." There is no such issue with Clague Road funding being related to local roadway funding Madame President. This attempt by the Law Department to interfere with the Clague Road legislation is a breach of the public trust. Moving forward, this Council must seriously consider beginning the process of finding new and separate legal counsel if we are to be able to rely on the validity of the information we seek on Clague Road or any other matter. Thank you Madame President. After the Roll Call vote, Director of Law Gareau asked to respond to Mr. Glassburn's comments. Director Gareau said that was quite a presentation Mr. Glassburn made. He said for the benefit of the public they should understand what took place. He said at the last committee meeting, Mr. Glassburn offered an amendment which was not shared with Director Lieber or the sponsor of the legislation. He said Mr. Glassburn than decided to go ahead and draft a piece of legislation and did not seek legal review of it. Director Gareau said he asked Mr. Glassburn to simply wait until Monday for him to take a look at it, but it was decided he would not wait. He said with respect to the legal issue he was concerned with was a five year planning study that had nothing to do with the Clague Road project and that was the issue raised. Director Gareau said a road study was never discussed in committee and Mr. Glassburn never asked for one from Director Lieber, but she has one if asked. Instead, Director Gareau said Mr. Glassburn introduced an amendment without the courtesy to first ask if the information was available. Director Gareau said what he suggested was if Mr. Glassburn wanted to proceed on the issue of Clague Road, he was free to do so and he could whatever he wanted with Clague Road. 0