And a jolly good time was had by all, if you're a fan of clusterf#%&$!
The PRU Crew would like to point out that we strongly believe, on the issue of voting to appeal from the decision of the chair regarding his ruling on the motion to reconsider being out of order, the Council is in violation of the law.
In support of our belief, we offer --
Appeals that cannot be entertainedThe City's Zoning law, an established operative law, providing fact, truth and rule is unequivocally clear -
Robert's Rules of Order, Newly Revised states that "when the chair rules on a question about which there cannot possibly be two reasonable opinions, an appeal would be dilatory and is not allowed." Demeter's Manual recommends using the mnemonic devices F, T, R, L and J, O, D to remember that no appeals can be taken from the Chair's rulings which arise out of known Facts, evident Truths, established Rules or operative Laws, but can be taken only from rulings which are based on his personal Judgment, Opinion or Discretion.
H. Limitations on denials
"No application for a variance which has been denied by the City Council or Zoning Board of Appeals shall be reconsidered for a period of one (1) year from that date of denial."
And we note the City Attorney's opinion on the matter. We also note the City Council's lack of understanding the necessary fine point of the language denying an application versus preventing applicants from coming before the public body more than once in a given year. It is reasonable to deny repetition of specific applications while allowing applicants to submit as many different applications before the public body as he or she can possibly muster.
So gentlemen of the City Council, if you are going to cite and follow the rules provided for by Robert's Rules of Order and the City's laws, then it appears you've once again screwed the legal pooch.