The informal Common Council meeting is typically when resolutions are introduced to be voted on eight days later at the regular Council meeting. Last night, however, there were three resolutions that had to be introduced and voted on that evening: the resolution to add a second full-time code enforcement officer; a resolution authorizing a budget amendment to cover the fees for the Planning Board attorney; and a resolution authorizing a budget amendment to cover anticipated legal fees for the remainder of the year. The third resolution is of particular interest.
In the 2026 budget, $80,000 was appropriated for legal expenses. Now, just halfway through 2026, that $80,000 has already been spent. The resolution before the Council would authorize taking $103,000 from the fund balance to cover anticipated legal fees for the remainder of the year. As justification for this, the resolution explains: "[T]he City has been heavily involved in Planning Board-related litigation, tax certioraris, and union contract negotiations." The resolution explains how the sum of $103,000 was reached:
[W]e have received estimated billings for June through December 2026 of $15,000 from Hinman Straub (labor attorney); $70,000 from Tabner Ryan & Keniry LLP (Planning Board and tax certiorari attorneys); $7,500 from Rodenhausen Chale & Polidoro LLP (Zoning Board of Appeals Counsel), and $11,000 from Rodenhausen Chale & Polidoro LLP (Historic Preservation Commission Counsel).
When asked to comment on the proposed budget amendment, Heather Campbell, city treasurer, said, "I'm not particularly happy about it, but I don't see that we have much of a choice, short of trying to . . . reduce the amount of activities that are causing litigation against the City."
At this point, after Council president Margaret Morris invited public comment, Josh Kipp, a Mill Street resident, asked, "Wouldn't our money be better spent trying to get out of the fact that we approved to build on state parkland or city parkland?" He was alluding, of course, to the ongoing litigation over the sale of the former Charles Williams field to Kearney Realty and Development and Mayor Ferris's recent unilateral act to extend the terms of the contract.
Although the money being spent by the City defending against the lawsuit brought by Mill Street Neighbors represents only a fraction of the estimated $103,000 in anticipated legal expenses, Mill Street remained a topic of comment. Lakia Walker told the Council that the Mill Street Neighbors met in March with Mayor Joseph Ferris in an effort to "come up with some kind of settlement" to avoid further legal fees. She said nothing came of their efforts. She told the Council that she and her neighbors were "actually paying twice": "We're paying our own lawyer fees and we're paying our taxes, which is also fighting against us."
Speaking of the meeting with the mayor on March 6, the meeting Ferris referenced in his statement on June 23, Mill Street resident Jack Hornickel told the Council, "I found it personally offensive that we organized a settlement conference with the City, and we heard nothing back. We offered to settle our case, and we heard nothing back. And when I say nothing, I mean no yes, no maybe, or counteroffer. Nothing. We offered that with the goal of settling the case and limiting everyone's exposure to endless litigation. My understanding is that the mayor is charge of litigation strategy, and from my perspective there is no litigation strategy."
In the end, Morris suggested that the resolution be amended to reduce the amount being taken from the fund balance from $103,000 to $40,000--enough to cover the next two months of legal fees and prevent the City from being delinquent in paying its bills. She also proposed that the law firms involved show how they arrived at their estimates. The Council agreed to the amendment, and the amended resolution passed without opposition.
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