##VIDEO ID:AbnmRuUuGtQ## Council will come to order all rise and salute the flag I pledge allegiance to the flag the United States of America and to the Republic for which it stands one nation under God indivisible justice for all please remain standing for a moment of silence in honor of our veterans service members and those who have given the ultimate sacrifice to say that um the the the president of the club 24 Allan Campbell uh had passed away last couple of the last few days for last 48 hours uh he was actually my sponsor for uh uh recovery and uh I'll tell you you know what a great guy he's really did a lot of good work over at Club 24 they were on the brink of uh losing the building before he took over and he just done a terrific job his son and my son hang around together they've been you know baseball buddies um since kindergarten so it was a sudden thing uh it was very tragic and uh my hotess goes out to his family and I just wanted to mention it tonight thank you Mr President thank you a moment of silence please the clerk will call the rooll council cologne Hayes they got it take oh okay so her camera's on I need her to open her mic and say here uh councelor clone hay can you try to unmute yourself I see a thumbs up okay well we okay how's that that's perfect here say here here counil cond Council Crow councel lahan councel McDonald here councel sea counc simonelli council spor is not with us tonight councel Taylor Council Winslow here council president Ali here so we have 10 people in attendance two by video so all of our votes tonight will be done by roll call U we're going to go on to public comment public comment is allowed under Council rules each speaker is limited to the subject matter relevant to this evening's agenda and must keep their comments two minutes or less clerk do we have anyone signed up for public comment no sir I see no one in attendance do we get anything in writing no sir thank you thank you so we have one thing on the agenda tonight we have an enrolled paper paper 1325 I'll let the clerk read the paper be ordained by the malen city council that the code of the city of Malden title 12 zoning is hereby amended to establish requirements and regulations for accessory dwelling units including definitions and the establishment of site plan review committee for accessory dwelling units by amending section 12.03 16.01 20.01 32.6 and by adding new subsections 12.28 01 okay 32030 D and that's it the other one was deleted thank you councilor lenam I wanted to make a motion to ordain is there a second I have my light on too can we do that before we do absolutely so there's a motion to ordain seconded by councelor Winslow I'm going to go on debate for that motion councelor sea thank you so much council president um I'm not looking to make this meeting longer than it has to be and I've been going back and forth with this topic in the meeting in my head for the last just about 24 hours now and I um I'm asking that for the purposes of future things down the line not to say anybody that's actually on here but I don't think that the vote last night was proper and I would hate to see somebody in the future challenge the vote so I'm hoping to make a motion to um resend the enrollment from last evening and revote on that Amendment tonight and then the bad thing about it ladies and gentlemen is we're going to have to enroll tonight and ordain tomorrow at the meeting that we have scheduled unfortunately but um I would hate for a developer to challenge what took place here last night because when I went home I checked out Robert's Rules I don't think um allowing someone to change their vote last night was the proper way to have handled it um Robert's Rules suggests that she you are allowed to change a vote but it's before it gets announced uh it was it was done after two people announced it it doesn't specify which person announces the vote but um I went back and looked at the video today and not only did the clerk announce it you also announced it before Council of cologne Hayes changed her vote so um and she really should have made a motion to reconsider her vote immediately which I said at the time that she should reconsider um it wasn't done properly we should have voted on her her motion to reconsider I don't think anybody up here at that time would have it it was was a little chaotic to say the least so just to make sure that you know what if a year from now somebody challenges that vote last night and it stands and her yes vote was to amend it with a variance I I I'm just not sure how that it would be handled like last night we enrolled an ordinance for Steve's Amendment not Council of Crow's Amendment and if we ordain that Amendment tonight but it gets challenged a year from now and Council colog ha's vote for a yes is is upheld what happens do we do we do we not have anything in place is it go to the state so as much as I would not have want to see you all tomorrow I think we should I think we should just for Good Housekeeping we just did this a couple of months ago what not to throw you under the bus but when you left to go to the restroom we had to kind of ratify the vote just to make sure sure that it was proper and I think that with this particular vote we have to do the same so I would like to make a motion to resend the enrollment and revote on an amendment and then hopefully we can enroll I'm not second clarification sure sorry may I ask for clarification are you asking to resend the enrolling Vote or are you asking to resend the amendment vote so I think you said two different things so we enrolled I I spoke to the city solicito we enrolled the ordinance last night so right now I can I can reconsider that Vote or I can resend the vote I don't and because it's enrolled and not ordained I can so I can resend the vote so I'm looking to resend the enrollment we can't change an enrolled paper so we can make an amendment after we make a motion to resend the enrollment so you want to resend the enrollment and then go back and redo the ratify the vote if I could if I could just clarify in ter so I'm hearing what councilor sea is looking to do so councelor sea is looking to to unenroll or resin the enrollment um it was second seconded by councelor simonelli there is an existing motion on the floor which is toan which has made by councel linan which has been seconded by councel winsell that takes precedence that vote will be coming up first everyone needs to understand the importance of that vote because this is a zoning Amendment if we if we vote to ordain it and that fails there are repercussions on whether or not we can enact zoning the totality on the totality of everything for two years can't so so I will be taking up the ordaining vote and I do hope that that passes um I would then entertain not a motion to resend but I would take I would I would entertain a motion to ratify the vote yesterday I'm okay for clarity's purposes I I don't I don't care how we do it I just don't want a year from now for us to be in a legal battle with something or someone and they pull the tapes and the minutes from last night's meeting completely and then us be caught like a dare on the headlights basically so I hear what you're saying I appreciate you bring this this bring this up I do want to apologize for to the community um one I want to apologize for how late we started um you know that that was not intentional we were really up to the to the hour here we have this accessory dwelling unit granny flat in-law apartment uh uh zoning that's coming into effect on Monday we were in the ordinance committee uh it was going far longer in order to get consensus I apologize for that that's my fault I also want to apologize to the council and to councel clone Hayes for how I announced the amendment that councelor Crow was suggesting I I should have been clearer in terms of what a yes vote would have done functionally and what a no vote would have done um it was a very long night we were getting tired we were already an hour and a half late um so I do want to take take on that there and I promise to make sure this never happens again councilor sea to your to your point um so I hope you all accept my apology trying my best is there any other uh discussion on the motion to ordain seeing and hearing none um on the motion to ordain the clerk will call the role Council clone Hayes yes yes Council she said yes thank you Council Condon yes councel Crow yes yes Council linahan yes yes Council McDonald yes yes councila yes yes Council simonelli yes councel Taylor yes yes councelor winow yes yes councilor president om Ali yes thank you on the motion by councelor sea seconded by councelor Crow to ratify the enrollment from yesterday's meeting the amendment it would be the amendment ratify the amendment the vote on the amendment I well I think the I'll be honest you I think that the amendment the amendment and enrollment as long as you BL I'm fine we basically just ordained it but just for housekeeping purposes we're going to ratify the vote so it stands because we all want the zoning so so just to clarify on so let me ask you this though what if it changes the vote it it's I don't think it has any to be honest with you I don't I I I it's irrelevant if I could irrelevant taken another vote it's not irrelevant so here here's so here well that's what we kind of open up to but here here's the thing so so we there was a motion to amend that counselor uh colog haast change uh changed her vote there was a from from yes to no to reflect how she had intended to I did not explain the vote clearly um I asked if anyone would like to doubt the ruling of the chair no one did did that it was at that moment if someone had a Roberts rules procedural thing that that concern could have been raised a amendment is not a final action and does not affect the the the final action of that paper uh we then enrolled it as amended we were in agreement that that's how I Ruled we were all clear I don't think the enrollment is or the amend is really in in question but if we want to ratify it we can do that now and that's the motion that I I think we agreed upon so on the on the motion to ratify both the amendment and the enrollment from yesterday made by councelor sea seconded by councelor Crow the clerk will call the role okay councelor councelor SEO so really quickly councelor Al I I don't I appreciate your apology um I I've been on the phone pretty much for the entire day trying to figure this all out and I don't agree even though no one challenged the chair last evening the way that we changed the vote was improper okay so councilor cologne haes should have raised a point of order she should have seeked recognition from you she should have explained the reason she was changing it if she wanted to change her vote she should have made a motion to reconsider the council up here should have voted for that reconsideration um I I regardless whether you deemed it okay for her to change it or not it wasn't the proper way whe whether or not that is true which it very well may be true it doesn't change the fact that no and I and I am all I just want to be clear here like I didn't realize you announced the the vote until today when I went back and looked at the video I thought only Caroline did and I was under the impression that it was when the council president announced that it passed so I didn't think we were out of ordera last night until I went back because it you have to admit it was a little chaotic up here agreed which is why which I which is why I do believe that it is fair to give and that's fine I just the benefit to coun if you think ratifying is a way to make make sure that no one can challenge what we did last evening I'm fine with it and then you know the ordain it's fine I I'm not looking to change the outcome of the vote last night I just don't want us to have any legal issues moving forward with anything that could potentially arise you you never know I understand a developer could come in and not like the way we are doing the ordinance and we can defer back to state if if they deem that that was not how we should have handled things last night which on paper looks like it's not how we should have handled things and that's I've been up here 13 years I've never seen that happen before nobody's ever changed a vote so I think I think I can speak for a lot of people when they say it's not something we deal with on a regular basis so it seemed like we were all a little uncertain and it wasn't until I went home and pulled out the book and and read into it that I'm like oh okay well this makes sense that's how it should have been you know it was a lot I don't even think at one point the microphones were on it was kind of just a little Talk Amongst a few and at that point it was like whatever so I just yeah as long as I'm okay with it as long as we have a motion to move the previous question I I believe councelor I'll go to councelor Crow and then we're going to move the question so I just wanted to really understand if we ratify the vote so what does that do to the paper we just ordained nothing no it just makes the vote from last night the ratif the r if the the ratification I I do not believe has any legal effect I think that it is showing the the intent of the council if there is ever a doubt on I I believe that the enrollment is is is is legally effective we're talking about an amendment we then took final action on on the amended paper we were all aware of what that amended paper was we enrolled it um the the if there was a procedural issue on the amendment that would not impact the enrollment we've just ordained it that's the final action doing a ratification only provides additional support for what I just said unless the vote changes yeah that that but I I say that we we take that chance I mean if we don't want to ratify I think we're fine well then I do think that actually that we should not have ordained first before we kind of went through the process because it's it's it seems to be almost a mute point and taking up something else that's a final action before anything else could happen just said you know you know it feels like a pat on the head going yep nice for saying that Council OA but it doesn't mean a hill beans because I my what was what was expressed to me by councelor sea is that the ratifying is not to change the vote but to clarify that there are other people here someone when council is not here and there's other people here so the vote could change understood I'm I'm going to take up the the vote now to ratify the the clerk will call the role to ratify the amendment and enrollment you move the question that's what you asking thank you explain yes or no I like that um just so just to clarify a a a yes vote to ratify uh the amendment and enrollment from last night would be adding additional support uh that the council took uh action to amend the paper uh and enroll it yesterday uh a no vote would be that you do not want to ratify that decision um per I just think you should be clear that the ratif ratifying the vote to eliminate the VAR yeah yeah and and just to be clear that the the the the vote that we're ratifying uh the amendment is to issue to eliminate the the variance to to eliminate the variance provision but but I do want to be clear that it's my position that even if this ratification vote fails this paper has already been enrolled and and ordained in his in his law um yes you have 24 challenged in a year if you don't ratify it but but I'm going to take this votee now so a yes vote would ratify the the paper a no vote would not ratify the paper uh but there would be no functional difference the the clerk will call the I think counil winds just said ratification was to eliminate the variants but the amendment was to re-include it we ratifying that we wanted V or ratifying that we want ratifying we're ratifying the vote that had heard yesterday to enroll and it it failed four to five no the amendment failed not the enrollment I think I'm actually I'm gonna I'm gon to rule this out of order I don't think this is a necessary thing to take I don't think this step isn't necessary but I I I will I will I'm just going to recognize councelor councelor Winslow and then I just have to be I think we have to be clear about what we're ratifying because I think the dispute became because I think as Council Crow pointed out she had made a a there was an amendment to put back in the variance thing and then that was seconded there was a vote taken on that that counselor colen Hayes voted one way and then immediately asked to have votes with so that's we should ratify that your your ruling that in the end that that Council crows a Amendment failed that's that's that should be clearly what we're voting on so if we vote Yes on this ratification we're agreeing that that the amendment failed that's I just I think we should be clear that's what we're yeah I'm I am not taking this up I I don't think this is necessary it only is going to add uh conf confusion to this process it we enrolled it and we have ordained it this is now law so you're not going to take my motion after I just voted for yours I will make a motion to rec it's on the floor well that's on that is the vote that's on the floor the vote that is on the floor is to ratify the votes that we took yesterday for the amendment I think legally as I called it as I called no one challenges as I called so I I just want to be clear so I'm not taking any more debate on this we're this is getting overly complicated the vote right now A yes vote would be to ratify my call yesterday on the amendment and the enrollment a no vote would not do that yes the clerk will call the role e hi I'm not sorry if you can hear us we can't hear anything you're saying right now sorry my apologies we are just getting the language correct and I will read a what a yes vote does and what a no vote does a yes vote will from what I'm understanding you're saying that a yes vote from what I'm understanding so this is a vote to ratify the ruling from J January 28th council president Al's ruling on the amendment and the enrollment of paper 1325 as I'm hearing this what I'm understanding is a yes vote will let the amendment Council Crow's Amendment from yesterday stand as a failed Amendment correct a no vote and enroll this is also on the enrollment it's the amendment en of Steve though not the enrollment of no the enrollment of the entire paper exactly so so again a yes vote a yes vote will will ratify my ruling on councilor Crow's motion related to variances and will ratify the enrollment that was taken yesterday I I think that because I the the clerk will please call the role can you tell me what a no vote will mean a no vote would mean you're not ratifying it it would have no legal effect but we're trying to be clear here to councelor Sea's point it would just be like do you do not want to ratify that decision in enrollment you don't think that this should be two different votes because the paper yesterday was voted on two different votes I I do not think that the amendment needs to be ratified at all it's just the enrollment but I'm willing to take it up the way it's been presented okay so since we couldn't hear anything yep I want to make sure I know what we're voting for for a while we couldn't hear anything you all were saying um so so what you're I think I heard what you just said and I'm going to keep it to what you originally said which a yes would ratify the vote that's what I'm going to vote but I want to make sure God knows I don't want to do this twice yes vote would ratify my ruling on the amendment that councelor Crome made which is that it filed and it would also ratify the enrollment C councelor McDonald do you have your hand raised would you like to speak yes I would uh my question had been whether the ratification was of your ruling specifically or whether it was simply that we acknowledge the enrolled paper did not include Council Crow's Amendment I'm not sure whether the ruling itself is valid it's important that the vote reflect the will of the council so my question was is the vote on ratification simply just to clarify that we all thought we were voting on the same thing when we enrolled it or is it specifically about your ruling that was my point of order or question uh um yeah it's on my ruling about the amendment because and then and then it's the enrollment as a whole are we ready to vote the clerk will call the role Council clone Hayes yes yes councel Condon no no councelor crow yes yes councel Lenahan yes yes M uh councel McDonald yes yes Council sea yes yes councel selli yes yes councel Taylor yes yes Council Winslow yes yes council president yes yes that is 9 to one the ratification passes 9 to1 is there a motion to adjourn motion to on councelor Sea's motion to adjourn seconded by councelor Simon Elli the clerk will call the role councelor cologne Hayes yes councelor Condon Council Crow yes Council linahan yes councel McDonald yes councel sea yes councel simonelli councel Taylor yes councel Winslow yes council president do Ali yes we are adjourned is the meeting tomorrow night canel not until five minutes before so I would I just can I just State this really quick it's 7:38 right now you have until 7:38 tomorrow to reconsider thank you so we will be sitting here until 738 and if no one reconsiders we will someone does reconsider then we'll have it hope so we got to come here tomorrow you don't have to come here until 7:30 we have to be here you don't have to be here you don't you can just where [Music]