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Transcript of Meeting of April 29, 2000Page 21 of 64
<br />otherwise provided by law, no resolution shall have the force and effect of law.’ You know there’s
<br />sections in here that says this can be done by resolution. The Zoning Code has certain things. We can do
<br />these by resolutions. That’s because the Legislative body so decreed it, but I think the point here, and
<br />this gets very confusing, and I’m sure Mr. Ray and Mr. Santangelo who served on the Council, will
<br />remember that the question comes up – wait a minute now, we’re changing the title of this thing. Are we
<br />changing the intent? Is it more than one subject? Is this what really we were trying to do? So, maybe we
<br />don’t catch it this time but it’s just an observation I’d like to point out to you. This has been an ongoing
<br />situation where the Corporation Counsel comes up and says oh no, that’s a resolution. It doesn’t have
<br />the force and effect of law, and so, dah, dah, dah, dah, dah.
<br />Section 3-11, page 4, Emergency Ordinances. I would call your attention to the second paragraph, the
<br />second to the last sentence of which reads as follows: ‘The affirmative vote of all Council members
<br />present or by two-thirds of the entire membership shall be necessary for the adoption of such
<br />ordinances.’ I would suggest to you that ‘of all Council members present or by’ should be deleted
<br />because it’s a violation of State Law. And I think it’s also a violation of our Charter. I don’t think the
<br />intent there was, you know, hey brah, only four guys could come today so we gonna pass em. Can not.
<br />You’ve got to have at least five votes.
<br />MARTIN: Mr. Tyler, excuse me. Page 4 you indicated?
<br />TYLER: Yes sir. Page 4, 3-11, Emergency Ordinances. I can understand the need to call an emergency
<br />meeting. I can understand that but I do not believe that any law, or any ordinance, should be passed in
<br />violation of the spirit, intent and letter of the law, which is you’ve got to have five votes. See, in the
<br />Council committee, if there’s six people present, and the vote is four to two, bugger fails. Fails because
<br />you didn’t have a majority of all the members to which the committee is entitled, which is nine.
<br />RAY: Curtis, I wish we’d have received this input a year ago. We’re really late in the process.
<br />TYLER: Okay.
<br />RAY: You know we’re going to be taking final votes. So I mean, you, as a Councilman, as you well
<br />know, can bring up a Charter Amendment, and especially in regard to some of these Legislative matters
<br />that you folks deal with on a daily basis. I would suggest that would be a more appropriate - Then you
<br />could correct some of these. It’s kind of late for us to be getting involved in this discussion. And as you
<br />aptly pointed out, we already have 19 proposals on our plate and we’re probably going to take off three
<br />or four, but we’re also considering two or three additional ones, so we have a real dilemma with what
<br />we’re already looking at.
<br />TYLER: Okay, I understand. Thank you very much. I’ll defer those things until the next ten years or
<br />next Council -
<br />RAY: No, you can do it, as you well know, at any time.
<br />TYLER: Right. Or next time when we can -
<br />RAY: And so, maybe in regard to the confusion of the voters in this election, two years down the line
<br />might be the more appropriate time.
<br />TYLER: Okay, let me go on and respond to, then, what you folks have put forward directly. I’ve already
<br />spoken about number 2.
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