September 1, 1992 - Special City Council Meeting

CITY OF CENTRAL FALLS

SPECIAL CITY COUNCIL MEETING

TUESDAY, SEPTEMBER 1, 1992

A SPECIAL MEETING OF THE CENTRAL FALLS CITY COUNCIL WAS HELD ON THE ABOVE DATE IN THE CITY HALL COUNCIL

CHAMBERS AT 8:00 P.M.

ROLL CALL:

COUNCILMAN MATTHEWS

COUNCILMAN FERRI

COUNCILMAN PAQUETTE

COUNCILWOMAN MOREAU

COUNCILMAN CANAVAN

QUORUM PRESENT.

CITY COUNCIL PRESIDENT ROBERT CANAVAN PRESIDED.

MOTION WAS MADE BY COUNCILMAN FERRI TO REMOVE FROM THE TABLE THE MAYOR'S BOARD APPOINTMENTS.

MOTION SECONDED BY COUNCILWOMAN MOREAU.

ROLL CALL:

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

MOTION TO APPROVE MAYOR'S APPOINTMENTS COLLECTIVELY WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILMAN PAQUETTE.

ROLL CALL:

MOTION CARRIED 5 YES 0 NO 0 ABSENT.

COUNCILMAN MATTHEWS DISCUSSED AMENDMENTS TO THE ZONING ORDINANCE WHICH WERE HANDED OUT AT THIS MEETING.

COUNCILMAN FERRI COMMENTED ON THE SOFTBALL GAME ON WEDNESDAY EVENING AT MACOMBER STADIUM AT 6:30 P.M.

AND THE ROADRACE ON SEPTEMEBER 13. HE STATED THAT BOTH EVENTS WERE TO BENEFIT THE COMMUNITY CENTER.

COUNCILMAN PAQUETTE COMMENTED ON THE ROADRACE.

COUNCIL PRESIDENT CANAVAN COMMENTED ON ORIGINAL LETTER IN REFERENCE TO BOARD APPOINTMENTS AND THE APPOINTMENT OF EDNA POULIN TO THE DETENTION FACILITY CORP. BOARD. HE STATED THAT THERE IS A QUESTION OF INTERPRETATION ON THE MANNER OF THIS APPOINTMENT.

COUNCILWOMAN MOREAU COMMENTED THAT SHE HAD A PROBLEM WITH THE PERCEPTION OF THAT APPOINTMENT AND THAT THERE MAY BE A POSSIBLE CONFLICT OF INTEREST.

UNANIMOUS CONSENT WAS GIVEN TO ALLOW FORMER COUNCIL MEMBERS TO COMMENT ON THIS ISSUE AS REQUESTED BY

COUNCILWOMAN MOREAU.

FORMER COUNCILMAN BROUSSEAU COMMENTED THAT AS FINANCE DIRECTOR EDNA POULIN MAY HAVE A CONFLICT. HE THEN GAVE THE HISTORY OF THE LEGISLATION REGARDING THE DETENTION FACILITY AND BOARD. HE STATED THAT IT PROHIBITED A JOB BY LOCAL OFFICEHOLDERS. THAT THERE SHOULD BE 5 MEMBERS ON THE BOARD, ONE FROM EACH WARD AND THAT THE COUNCIL APPROVAL WAS NECESSARY FOR THE APPOINTEE. HE COMMENTED THAT THE INTENT WAS TO BE SURE THAT THE CITY WOULD BE INSULATED FROM LIABILITY. HE CITED PAGE 6 SECTION 45-53-5 AND PAGE 10 SECTION "O" AS REFERENCES TO HIS

COMMENTS. HE STATED THAT THIS CLEARLY SHOWS THAT IT IS A CONFLICT FOR EDNA POULIN TO BE BOTH FINANCE DIRECTOR

AND A DETENTION CENTER BOARD MEMBER. HE ALSO COMMENTED ON OTHER POTENTIAL AREAS OF CONFLICT CITING PAGE 12

SECTION 45-53-8 AND PAGE 13 SECTION B. HE STATED THAT CENTRAL FALLS FINANCE OFFICER POSITION IS TOO CLOSE TO

DETENTION BOARD FOR CONFLICT.

FORMER COUNCIL PRESIDENT ALBERT LAROCHE COMMENTED ON THE PERCEPTION. HE ASKED THE COUNCIL WHAT THE CITY'S RESIDENTS MAY PERCEIVE WITH REGARDS TO THIS APPOINTMENT. HE ALSO COMMENTED THAT $31 MILLION DOLLARS WAS AT RISK AND THAT THE FORMER CITY COUNCIL TRIED TO DIVORCE THE CITY FROM THE BOARD. HE SUGGESTED THAT THIS PERHAPS SHOULD GO BEFORE THE ETHICS COMMISSION FOR REVIEW.

COUNCILWOMAN MOREAU COMMENTED ON THE LIABILITY OF BOARD MEMBERS AND THE CITY.

MR. LAROCHE COMMENTED THAT AT THE MAY 1991 MEETING THE APPOINTMENTS FOR THE BOARD MEMBERS WERE SELECTED BY WARDS.

COUNCILMAN FERRI COMMENTED ON ORIGINAL SELECTIONS BY WARDS GIVING THE EXAMPLE OF THE RECREATION BOARD APPOINTMENTS AND SPOKE ON THE INTERPRETATION OF THE ENABLING ACT. HE ASKED IF THE CITY SOLICITOR, GEORGE MUKSIAN HAS RENDERED HIS OPINION ON THIS MATTER.

COUNCIL PRESIDENT ROBERT CANAVAN RESPONDED YES AND STATED THAT IN THE OPINION OF THE CITY SOLICITOR, COUNCIL APPROVAL IS NOT NEEDED. HE COMMENTED THAT HE COULD ALSO ARGUE THE OTHER WAY.

COUNCILWOMAN MOREAU COMMENTED THAT MR. FORAN WAS NOT INFORMED THAT HE WAS ON THE BOARD UNTIL REPLACED, NOR WAS HE INVITED TO THE GROUND BREAKING. SHE STATED THAT SHE CONSIDERED THIS AN INSULT.

COUNCIL PRESIDENT CANAVAN COMMENTED ON BONDING LIABILITY, A CITY EMPLOYEE BEING ON THE BOARD, AND PREVIOUS COUNCIL WISHES THAT THE BOARD BE INSULATED FROM THE CITY. HE STATED THAT HE DIDN'T KNOW IF THE COUNCIL WANTED TO GO TO COURT ON THE ISSUE AND THAT THIS IS AN UNPAID BOARD.

COUNCILWOMAN MOREAU COMMENTED THAT SHE FEELS THAT THIS IS PUTTING ALL OF THIS PROJECT IN JEOPARDY. SHE STATED

THAT SHE DOESN'T THINK THIS IS A FAVORABLE MOVE. SHE STATED THAT THE COUNCIL WAS INVOLVED WITH THE REWRITING OF THE BILL AND WITH MR. BRODY AND THE MARSHALLS SERVICE.

MR. BROUSSEAU COMMENTED.

COUNCILMAN FERRI ASKED IF MR. FORAN'S RESIGNATION WAS ACCEPTED.

MR. LAROCHE STATED THAT MR. FORAN WAS APPOINTED BY THE CITY COUNCIL.

COUNCILMAN FERRI ASKED FOR A COPY OF MR. FORAN'S RESIGNATION AND STATED THAT WARD 5 SHOULD HAVE THE NEXT

OPENING.

COUNCIL PRESIDENT CANAVAN COMMENTED THAT THE APPOINTMENT OF EDNA POULIN HAS CAUSED CONCERN THOUGH HER EXPERIENCE IS GOOD.

MR. LAROCHE COMMENTED ON THE DUTY OF THE FINANCE DIRECTOR RELATIVE TO THE DETENTION FACILITY REIMBURSEMENT AND SUGGESTED A WRITTEN LEGAL OPINION FROM THE CITY SOLICITOR.

MR. BROUSSEAU COMMENTED ON MR. DOYLE, MR. VENTUTULO AND THE INTENT OF THE LEGISLATION.

COUNCIL PRESIDENT CANAVAN COMMENTED.

COUNCILMAN MATTHEWS QUESTIONED MR. BROUSSEAU ON THE FIRST BOARD APPOINTMENTS ASKING IF THEY WERE APPROVED BY THE CITY COUNCIL.

MR. BROUSSEAU RESPONDED YES.

COUNCILMAN MATTHEWS ASKED IF THE LEGISLATION STATED THAT ONE APPOINTEE SHOULD COME FROM EACH WARD.

MR. BROUSSEAU RESPONDED NO.

DISCUSSION ENSUED.

COUNCILMAN FERRI REQUESTED A COPY OF THE LETTER OF RESIGNATION FROM THE DETENTION FACILITY BOARD. HE STATED THAT THE APPOINTMENT IF NULL AND VOID UNTIL THE COUNCIL SEES THE LETTER. HE STATED THAT IF EDNA IS ON THE BOARD THEN THERE ARE SIX MEMBERS OF THE BOARD.

COUNCIL PRESIDENT CANAVAN STATED THAT HE WOULD GET ANSWERS TO QUESTIONS AND HE WOULD GET THE MINUTES TO THE AUG. 5 1991 MEETING AND ANY RESOLUTIONS PASSED BY THE COUNCIL AT THAT TIME. HE STATED THAT THE COUNCIL THROUGH THE PRESIDENT WOULD CONTACT THE CITY SOLICITOR FOR A WRITTEN INTERPRETATION AND THE CITY COUNCIL PRESIDENT WOULD REPORT BACK TO THE COUNCIL BEFORE THE NEXT MEETING.

THE CITY CLERK WAS ASKED TO PROVIDE THE WRITTEN MINUTES AND RESOLUTIONS TO THE COUNCIL ON THE DETENTION FACILITY.

MOTION TO ADJOURN WAS MADE BY COUNCILMAN FERRI AND UNANIMOUSLY SECONDED. TIME 9:55 P.M.

__________________________

DANIEL J. ISSA, CITY CLERK