CITY OF CENTRAL FALLS
SPECIAL CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
MONDAY, AUGUST 26, 1996
A SPECIAL MEETING OF THE CENTRAL FALLS CITY COUNCIL WAS HELD ON AUGUST 26, 1996 IN THE CITY HALL COUNCIL CHAMBERS AT 7:10 P.M.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | YES |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 5 YES 0 NO 0 ABSENT.
QUORUM PRESENT.
COUNCIL PRESIDENT ROBERT CANAVAN PRESIDED AND LED THE ASSEMBLY IN THE PLEDGE OF ALLEGIANCE.
THE COUNCIL MADE A PRESENTATION TO THE BOY SCOUTS.
A CITATION WAS MADE TO JUAN CARLOS MARTINEZ ON SATURDAY JUNE 22, 1996. "OPERATION CLEAN SWEEP."TROOP 3.
PUBLIC HEARING/FINAL PASSAGE.
MOTION TO AMEND SECTION 1 UNDER THE AGE OF 14 WAS MADE BY COUNCILMAN FARRELL AND SECONDED BY COUNCILMAN WEBER.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | NO |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 4 YES 1 NO 0 ABSENT.
CHIEF MOFFATT STATED THAT HE CAME BEFORE THE COUNCIL LAST YEAR AND STRONGLY URGED 13 AND UNDER FOR THIS ORDINANCE HE CONTINUED TO GIVE HIS REASONS. HE STATED THAT WE MUST SITE THE PARENTS INSTEAD OF THE CHILD, THIS CAN BE HANDLED IN MUNICIPAL COURT IN THE CITY. THE JUVENILE HEARING BOARD COULD BE USED FOR FIRST TIME OFFENDERS. A SECOND OFFENSE CANNOT BUT MUST BE REFERRED TO FAMILY COURT. HE STATED THAT PROFESSIONALS COUNCIL BE USED ON THE BOARD. HE STATED THAT THE POLICE CANNOT DETAIN NONE STATUS OFFENDERS. HE SPOKE OF THE DIFFICULTY WITH DEALING WITH THE MANPOWER IN THE DEPARTMENT. HE STATED THAT HE WOULD BE VERY MUCH IN SUPPORT OF 13 AND UNDER WITH THE PARENT BEING HELD RESPONSIBLE FOR THE CHILD. HE SAID IT WOULD BE VERY DIFFICULT TO ENFORCE ANY OTHER TYPE OF CURFEW.
COUNCIL PRESIDENT CANAVAN QUESTIONED THE CHIEF ABOUT THE MUNICIPAL COURT.
CHIEF MOFFATT RESPONDED.
COUNCILMAN FERRI QUESTION THE CHIEF. "CAN'T DETAIN THE CHILD,?" ASKED COUNCILMAN FERRI. CAN'T LET THEM WALK OUT THE DOOR," THEN WE MUST LET THEM WALK OUT THE DOOR OF THE BUILDING OR HOLDING THEM UNTIL A PARENT ARRIVES. THIS TAKES AN OFFICER OF THE ROAD AND THIS IF UNENFORCEABLE BECAUSE THIS TAKEN AN OFFICER OFF THE ROAD AND IS UNENFORCEABLE FOR MANPOWER REASONS.
CHIEF MOFFATT SAID ITS COVERED IN FAMILY COURT.
COUNCILMAN FERRI STATED THAT CHILD ABUSE IS UNCONSTITUTIONAL. A CURFEW ALONE WOULD MAKE IT VERY DIFFICULT TO MANAGE.
COUNCILMAN WEBER COMMENTED ON THE PARENT.
CITY SOLICITOR JAMES BRIDEN STATED THAT THIS IS CONSISTENT WITH THE ORDINANCE AND MAKE SURE THIS IS CONSISTENT WITH THE JUVENILE HEARING BOARD ORDINANCE. 0HE SUGGESTED THAT PENALTIES SHOULD BE SIMPLIFIED AND THAT THEY DON'T GIVE DISCRETION TO THE JUVENILE HEARING BOARD.
CHIEF MOFFATT STATED THAT HE IS NOT AN ATTORNEY BUT FOR TWENTY YEARS HE HAS HANDLED MANY CASES DEALING WITH JUVENILES. HE SAID THAT YOU CANNOT SENT PARENTS TO FAMILY COURT FOR THE ACTIONS OF THE CHILD.
COUNCILMAN FERRI QUESTIONED THE CHIEF.
DISCUSSION CONTINUED BETWEEN COUNCIL MEMBERS AND THE CHIEF.
FORMER COUNCILMAN PAQUETTE, IN A TELEPHONE COMMENT, STATED THAT THE ORDINANCE AS PRESENTED IS NOT PRACTICAL.
DORIS JAREST OF PERRY ST., IN A TELEPHONE CONVERSATION, SPOKE IN FAVOR OF THE ORDINANCE.
JAY GREENLESS, REPRESENTING THE FOP, WHO WILL BE THE ENFORCING PARTIES OF THIS ORDINANCE, ASKED WHO WILL ANSWER THE PHONES EVERY TIME THE POLICE SEE CHILDREN ON THE STREET ARE THEY GOING TO BE QUESTIONED.
SEVERAL HOURS COULD LAPSE WHILE WAITING FOR PARENTS.
COUNCIL PRESIDENT CANAVAN STATED THAT MOST PEOPLE ARE IN FAVOR OF THE CURFEW HE SAID THAT THE CITIZENS OF THE CITY ARE AGGRAVATED AND WANTS THE ANSWER TO THIS PROBLEM.
COUNCILMAN AUNCHMAN ASKED HOW MANY POLICE OFFICERS ARE EMPLOYED BY THE CITY (39) 3 4 3 - 13 OFFICERS-27 PATROLMAN, 7 DETECTIVES- 20 IN UNIFORM, PROSECUTOR, DARE OFFICER, COMMUNITY RELATIONS OFFICER. 5 PATROLMEN FOR DAY SHIFT, 11 MEN FOUR TO MIDNIGHT SHIFT.
COUNCILMAN AUNCHMAN QUESTIONED FOOT PATROLS. HE MENTIONED THE BIKE PATROL?
WILLIAM DENNIS OF HIGH ST. COMMENTED.
ALBERT LAROCHE STATED THAT HE IS DISAPPOINTED THAT THE COUNCIL TOOK THE MONETARY PENALTY AWAY. HE TOLD OF TEENS WHO HAVE BROKEN HIS TREE, BROKE INTO HIS HOUSE, HE SAID THINGS ARE NOT GETTING ANY BETTER. HE SAID IF YOU DON'T TRY, YOU'LL NEVER KNOW.
COUNCILMAN FERRI COMMENTED.
BISHOP LALIBERTE OF 61 PACIFIC ST. STATED THAT HE IS IN FAVOR OF THIS ORDINANCE, HE SAID IT IS UNFORTUNATE THAT THE CITY HAS TO DISCIPLINE ITS CHILDREN BUT IT HAS TO START SOMEWHERE.
DOUG PENDEGRASS OF CENTRAL ST. PHONING IN HIS COMMENTS STATED THAT HE IS IN FAVOR OF THE CURFEW.
THELMA WEBER COMMENTED THAT SHE WAS MUGGED ON FULLER AVE BY A JUVENILE.
MICHAEL LAMONTAGNE STATED THAT THE PEOPLE IN THE CITY WANTS SOME COMFORT IN KNOWING THAT THEY ARE SAFE.
MR. PAQUETTE STATED THAT HE TOLD THE COUNCIL LAST MONTH THAT THE ORDINANCE IS FULL OF HOLES AND NEED TO BE AMENDED BEFORE PASSAGE.
COUNCILMAN AUNCHMAN COMMENTED.
MAYOR MATTHEWS ECHOES THE COMMENTS OF FORMER COUNCILMAN PAQUETTE, HE STATED THAT THE CURFEW IS NOT NECESSARILY WHAT THE PEOPLE OF THE CITY WANT, WHAT THEY WANT IS RELIEF. HE AGREES THAT CHILDREN SHOULD NOT BE OUTSIDE AT ALL HOURS OF THE NIGHT BUT THE QUESTION IS WHETHER THE CURFEW IS VIABLE. HE ASKED IF THE CITY CAN EFFECTIVELY DO THAT. HE SAID THAT EVERYONE AGREES THAT A PROBLEM EXIST, BUT ITS A MATTER OF HOW BEST TO SOLVE THE PROBLEM EFFECTIVELY. HE SPOKE OF THE HARDSHIPS THAT WOULD OCCUR IN THE POLICE DEPARTMENT AND FOR THE GENERAL PUBLIC IN TRYING TO ENFORCE THIS ORDINANCE. HE COMMENTED ON THE MANY DUTIES OF THE POLICE OFFICERS ON THE STREET IN THE AREA OF DOMESTIC DISPUTES WHICH ARE THE MOST DANGEROUS TO POLICE OFFICERS. HE STATED THAT THERE IS NOT ENOUGH MANPOWER TO ENFORCE AND EXECUTE THIS ORDINANCE. HE STATED THE FOLLOWING REMEDIES THAT WOULD HELP WITH THIS PROBLEM:
1. 2 more police officers
2. applying for grant for dispatchers.
HE STATED THAT IT IS UNFAIR, THE CURFEW WILL NOT SOLVE THE PROBLEMS. HE ASKED THE COUNCIL TO REMEMBER WHAT THIS
ORDINANCE WILL EXPOSE THE CITY TO AND THAT IT WILL GIVE FALSE HOPE TO A LOT OF PEOPLE. HE ASKED THE COUNCIL IF WE CALL IN MORE POLICEMEN ON OVERTIME TO FILL THE NEED THAT THIS ORDINANCE WILL CREATE.
COUNCIL PRESIDENT CANAVAN, SPEAKING FROM PERSONAL EXPERIENCE AND IN CONVERSATION WITH NEIGHBORS, THE ISSUE OF THE CURFEW COMES FROM SHEER EXASPERATION WITH KIDS LOITERING, WITH POLICE OFFICERS DRIVING RIGHT BY THEM, AND WITH THE EFFORTS MADE IN THE PAST COMES THE FRUSTRATIONS THE PEOPLE FEEL IN A LACK OF DOING SOMETHING. HE STATED THAT HE HAS THE HIGHEST RESPECT FOR THE POLICE DEPARTMENT IT HAS BEEN GETTING BETTER BUT IT IS NOT ENOUGH.
FORMER COUNCILWOMAN SANDRA MOREAU CALLED IN AND SPOKE AGAINST THE ORDINANCE.
MAYOR MATTHEWS STATED THAT THE COUNCIL FEELS THAT THIS ORDINANCE WILL BE A TOOL, HE STATED THAT WHAT THE PEOPLE OF THE CITY WANT IS FOR PARENTS TO BE PARENTS AND TO TAKE CHARGE. THIS IS THE ISSUE.
COUNCIL PRESIDENT CANAVAN ASKED IF THERE IS AN ALTERNATIVE AND IF THERE IS WHAT IS IT.
A WARD 4 RESIDENT SPOKE IN FAVOR OF PASSAGE OF THE CURFEW.
THE COUNCIL RECESSED AT 9:00 P.M.
MEETING RESUMED AT 9:15 P.M.
MR. TURGEON COMMENTED ON THE PROBLEM WITH PAWTUCKET'S CHILDREN.
A WARD 2 RESIDENT ASKED WHAT IS MORE IMPORTANT, PROSECUTING 14 YEAR OLD WHO ARE OUT LATE, DRINKING ETC., OR PROSECUTING TRAFFIC VIOLATIONS.
ROBERT DOUTRA OF SYLVIAN ST. STATED THAT HE IS CONTINUALLY CALLING THE POLICE REGARDING JUVENILES IN THAT NEIGHBORHOOD.
CITY SOLICITOR JAMES BRIDEN COMMENTED.
MOTION TO AMEND AS READ WAS MADE BY COUNCILMAN FARRELL AND SECONDED BY COUNCILMAN WEBER.
COUNCILMAN FERRI ASKED WHY THE CHANGE IN AGE.
COUNCILMAN FARRELL RESPONDED.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | NO |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 4 YES 1 NO 0 ABSENT.
MAYOR MATTHEWS ASKED HOW DOES THE CITY KNOW IF A PARENT KNOWINGLY OR WILLFULLY VIOLATES THIS ORDINANCE.
JAMES BRIDEN EXPLAINED.
DISCUSSION CONTINUED.
IT WAS SUGGESTED THAT A WORKSHOP BETWEEN THE LEGAL DEPARTMENT, THE JUVENILE HEARING BOARD, AND THE MUNICIPAL COURT BE HELD TO DISCUSSION THE MANY ISSUES SUCH AS LEGAL AND CONSTITUTIONAL MATTERS AFFECTED BY THIS ORDINANCE.
THE MAYOR CONTINUED TO REMIND THE COUNCIL THAT THE CITY WILL HAVE DIFFICULTY TO ENFORCE THIS ISSUE.
JAMES BRIDEN READ NOTES FROM A CURFEW CONFERENCE.
ROBERT WOODS OF CENTRAL ST. COMMENTED ON THE 14TH AMENDMENT AND STATED THAT THERE ARE PLENTY OF LAWS TO PUNISH THOSE WHO ARE DOING WRONG.
PUBLIC HEARING CLOSED AT 9:35 P.M.
MOTION TO APPROVE WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILMAN FARRELL AS AMENDED.
THE CLERK WAS INSTRUCTED TO READ THE ORDINANCE AS AMENDED.
COUNCILMAN WEBER STATED THAT HE BELIEVES THIS IS AN IMPORTANT ISSUE, HE HAS CANVASSED MANY PEOPLE, HE DEALS WITH MANY CHILDREN AND THEIR PARENTS. HE EXPLAINED WHAT ITS GOING TO TAKE TO KEEP THE PEACE IN THE NEIGHBORHOODS AND THAT WE MUST DO WHAT WE HAVE TO DO. HE SAID THAT THIS DOES NOT TARNISH THE IMAGE OF CITY. RATHER, IT SHOWS RESPONSIBILITY.
COUNCILMAN FERRI STATED THAT THIS IS UNFORTUNATE. HE STATE THAT THIS IS WHY HE WANTED MORE ACTIVITY FOR THESE CHILDREN .HE STATED THAT THIS ADMINISTRATION AND THE CITY COUNCIL DID INCREASE THE RECREATION BUDGET. HE COMMENTED ON THE POLICE BASKETBALL LEAGUE. HE COMMENTED ON THE CHANNEL ONE PROGRAM AND THAT THE LIST GOES ON, HE SAID WE SHOULDN'T THROW THE BABY OUT WITH BATH WATER. A CURFEW IS A POLICE OR MILITARY ACTION. HE ASKED THAT THE COUNCIL LOOK AT YOUNGER CHILDREN 9-10 ANY PROBLEMS WITH THEM SHOULD BE REFERRED TO DCYF. HE SPOKE ON THE CONSTITUTION AND THAT KIDS HAVE A RIGHT TO ASSEMBLY. HE SAID THAT WE MUST GIVE CHILDREN A CHANCE TO SPEAK..THE GOOD KIDS WILL BE AFFECTED. HE ASKED THE COUNCIL TO PLEASE RECONSIDER THE APPROVAL OF THIS ORDINANCE. HE ASKED ARE WE SURE THIS IS WHAT WE TO DO. LETS NOT RUSH INTO THIS WE SHOULD LOOK TO ALTERNATIVES. LETS NOT HURT THE GOOD KIDS.
COUNCILMAN AUNCHMAN STATED THAT HE CITY HAS PROVIDED FOR PLENTY OF ACTIVITIES FOR KIDS TO DO AT A REASONABLE HOUR AND IN THE PROPER PLACE.
COUNCIL PRESIDENT CANAVAN STATED THAT HE IS PERSONALLY AGAINST THE CURFEW. HE COMMENTED ON WORKSHOP. HE DOESN'T BELIEVE GOOD KIDS WILL BE AFFECTED BY IT. HE SAID THE ORDINANCE PROVIDES THE TOOL FOR POLICE TO USE.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | NO |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 4 YES 1 NO 0 ABSENT.
MAYOR MATTHEWS ASKED TO ADDRESS THE COUNCIL REGARDING A MEETING LAST FRIDAY WITH SCHOOL DEPT. THEIR DISCUSSION OF THE BOND AND RELATED COMMENTS ON A BUILDING COMMITTEE. THE PROMOTION OF PASSAGE OF THE BOND. THAT THE BUILDING COMMITTEE BE ESTABLISHED PRIOR TO THE BOND. HE SAID THAT THE CITY COUNCIL SHOULD BE THE BUILDING COMMITTEE SINCE THEY ARE ANSWERABLE AND RESPONSIBLE TO THE TAXPAYERS.
MAYOR MATTHEWS STATED THAT HE WON'T SIGN CHECKS UNLESS THE COUNCIL IS RESPONSIBLE.
COUNCILMAN AUNCHMAN QUESTIONED SCHOOL BUSES AND THEIR PARKING.
MAYOR MATTHEWS RESPONDED THAT HE IS LOOKING AT AN AREA.
MOTION TO ADJOURN WAS MADE BY COUNCILMAN FARRELL AND SECONDED BY COUNCILMAN WEBER. TIME 9:55 P.M.
________________________________
ELIZABETH A. CROWLEY, CMC
ACTING CITY CLERK