And the vote to approve the maintenance agreement on the proposed roundabout at Pennsylvania Ave. and Market St. will stand and appears to be unable to be undone.

That was the result of a brief special council meeting held on Tuesday evening.

After opening the meeting, Mayor Maurice Cashman offered an opportunity for public comment but only on items not on the agenda.

The sole item on the agenda read as follows: “This meeting is being held for the purpose of addressing the question of whether a conflict of interest occurred in regard to the vote on the PADOT Roundabout Maintenance Agreement.”

Times Observer photo by Brian Ferry City councilmen, from left, Gregory Fraser, Phil Gilbert and Paul Giannini look on during Tuesday’s special meeting.

No comment was offered and council immediately adjourned to executive session to receive a legal opinion from City Solicitor Andrea Stapleford.

After council returned, Cashman stated that “council will not be taking any action as a result.”

Stapleford defended the decision to hold that dialogue in executive session, noting that there is case law that allows attorney-client privileged information from being discussed in open session.

The Times Observer questioned the fact that it appeared that the decision not to take the issue further was made during the executive session.

“Mr. Lewis said he would not pursue the matter any further,” Cashman said. “I cannot speak for the rest of council. There was no decision down there being made in totality.”

“There were no deliberations that took place,” City Manager Nancy Freenock added.

Cashman then adjourned the meeting.

After the meeting, Freenock told the Times Observer that there was “no back and forth” during the executive session and that “nobody was polled.”

She said that Stapleford’s legal opinion also concluded that there was “no way the vote” on the roundabout maintenance agreement could be undone. “(We found) nothing that would allow the vote to be invalid.”

A change to the city’s home rule charter is “probably” forthcoming, Freenock said, as the state constitution requires that the removal of elected officials must be approved by the governor after a hearing before the state senate. The charter currently details a prthe ocess by which a majority of council could remove another member, a process that would be illegal and unconstitutional.

Many in the audience supported Gilbert and clapped when the meeting was adjourned.

Gilbert said after the meeting that he didn’t ask anyone to come but said the support he’s received through this process is “huge” and “very heartwarming.”