City of Central Falls
Regular City Council Meeting
City Hall Council Chambers
Monday, September 11, 2000
At 7:00 P.M.
Recessed to Monday September 18, 2000
Following the Liquor Board and Special City Council Meeting
The regular meeting of the Central Falls City Council reconvened on Monday September 18th at 8:16 p.m.
Councilman Leger
Councilwoman Canavan
Councilman Lazieh
Councilman Noury
Quorum was present.
Council President Noury presided.
The items listed below were not addressed on Sept. 11, 2000.
Regular Meetings:
February 14, 2000
March 13, 2000
April 17, 2000
May 8, 2000
May 22, 2000
June 12, 2000
June 23, 2000
August 21, 2000
Special Meetings:
February 28, 2000
March 15, 2000
March 20, 2000
March 27, 2000
April 24, 2000
May 31, 2000
June 5, 2000
June 14, 2000 (Workshop)
Committee Meetings:
Finance Committee February 24, 2000
Public Safety Committee February 28, 2000
Finance Committee May 15, 2000
Personnel Committee June 20, 2000
Motion was made by Councilwoman Canavan to approve conditionally with the video and audio tape the meetings collectively except August 21, 2000, not included with the minutes, and to leave the minutes of the Committee meetings to each committee.
Councilwoman Canavan explained the motion in detail.
Council President Noury clarified the motion.
Councilman Lazieh stated his concerns.
Motion seconded by Councilman Leger. All Agreed. So Voted.
None
A. Correspondence related to Jewish Holidays
B. Mrs. John O. Pastore-Note of thanks on Council's Condolence
C. James Briden, Esq. City Solicitor-Re: Normand Benoit
D. Councilman Thomas Lazieh to Elizabeth Crowley re: Request for Information
E. Rose Marie Canavan, President Pro Tempore to Michael Field, Office of the Attorney General regarding open records law.
Motion to accept collectively and place on file items A B and E was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
Item C: James Briden re: Normand Benoit
Councilwoman Canavan commented that at the August meeting the Council requested by letter to City Solicitor Briden that the Council be provided with how much it cost the City for the opinion of Attorney Normand Benoit and that a copy of the opinion be given to the Council. She stated that the Solicitor responded that the cost was $870.00 and that there was no investigation conducted. Councilwoman Canavan related that she is in receipt of the Bill from Partridge, Snow and Hahn which indicates that Mr. Benoit's time relative to his opinion from July 3-5 & 6 equals 5 hours at $290.00 per hour which cost the taxpayers of this City for this third opinion $1,450.00. She also told the Council that Mr. Briden stated in his Memo that no investigation was conducted. She stated that this was a matter of semantics and that it was clear what the Council wanted was a copy of Mr. Benoit's opinion. She stated that it has been 19 working days since this request and that under State Law the Administration has10 days to produce the document and she believes the Administration is in violation of this law and that while the Council has not be given this document the Pawtucket Times reporter has a copy of it and if the reporter has it why can't the Council. She asked the Council to support her in filing a complaint with the Attorney General's Office for Violation of the open records law.
Motion was made by Councilwoman Canavan and seconded by Councilman Leger.
Councilwoman Canavan further stated that the City Council has a right to this information and needs the information for documentation for Judge Sawyer.
Councilman Lazieh stated that he has previously requested this information and has not received this information his only request is that somebody gets the message.
Council President Noury stated that someone sooner or later would get the message that this Council means business. He stated that other Town Councils don't have the trouble in obtaining records like this Council and these are open records.
On the motion all agreed. So Voted. (4 yes 1 absent)
Item D. Request for information.
Councilman Lazieh commented.
Motion to accept and place on file was made by Councilman Lazieh and seconded by Councilman Leger.
All agreed. So Voted.
Code Enforcement Report
Motion to accept and place on file was made by Councilwoman Canavan and seconded by Councilman Lazieh. All Agreed. So Voted. All Agreed. So Voted.
Councilman Leger commented on the Finance Report.
Joseph Altongy
28 Timberland Dr.
Lincoln, R.I. 02865
Motion to approve was made by Councilwoman Canavan and seconded by Councilman Leger. All Agreed. So Voted.
Meredith O'Malley
306 Central St.
Term to expire: Jan. 2003-replaces Kathleen Martin Menard
Motion to approve was made by Councilman Leger and seconded by Councilwoman Canavan. All Agreed. So Voted.
A. Resolution Extending the Condolences of the City Council to the family of the late Wilma Shaw. (Introduced by Councilman Robichaud)
B. Resolution Extending the Condolences of the City Council to the family of the late William Howarth. (Introduced by Councilman Robichaud)
C. Resolution Extending the Condolences of the City Council to the family of the late Christine Fay. (Introduced by Councilman Robichaud)
D. Resolution Extending the Condolences of the City Council to the family of the late Peter C. Kuzmiski. (Introduced by Councilman Robichaud)
H. Resolution of Congratulations to the Paquette Family for more than 44 years in the Central Falls Business Community. (Introduced by Council President Noury)
I. Resolution extending the Condolences of the Central Falls City Council to the Family of the late Joseph A. "Fred" Leclerc. (Introduced by Councilman Robichaud)
J. Resolution extending the Condolences of the City Council to the Family of the late John P. Casto. (Introduced by Councilman Lazieh)
K. Resolution of Congratulations to the Casimir Pulaski Mutual Aid Society on their 100th Anniversary. (Introduced by Councilman Lazieh)
L. Resolution of Congratulations to the Pawtucket Boys and Girls Club on their 100th Anniversary. (Introduced by Councilman Lazieh)
M. Resolution of Congratulations to George and Gianna Lazieh on the birth of their first son Alec George Lazieh September 6, 2000. (Introduced by Councilman Lazieh)
N. Resolution of Congratulations and Best Wishes to Anthony Harraka on his new position of Tax Assessor for the Town of Tiverton. (Introduced by Councilman Lazieh)
T. Resolution extending the Condolences of the Central Falls City Council to the Family of the late Anthony F. Ladish. (Introduced by Councilman Lazieh)
U. Resolution extending the Condolences of the Central Falls City Council to the Family of the late Stella S. Salhany. (Introduced by Councilman Lazieh)
Motion to approve collectively the above Resolutions was made by Councilman Leger and seconded by Councilman Lazieh. All Agreed. So Voted.
E. Resolution Regarding the Sale of City Owned Land at 622 Pine St. (tabled at August 21, 2000 Meeting)
Councilman Lazieh asked the City Solicitor why some sales of City Property are presented to the City Council for approval and others are not. He stated that in his past experience all transfer of City Property must be presented to the City Council for approval.
City Solicitor Briden explained that the buyers, upon request, ask for City Council approval but that Council approval is not required by state or local laws. He stated that it's a title practice for title insurance purposes and is a common practice by certain title companies but it is not legally required.
Councilwoman Canavan asked if this is requested by the buyer attorney.
Mr. Briden stated yes.
Councilwoman Canavan asked why the Purchase and Sales agreement is date back to mid 1999.
Mr. Briden explained that REACH is the purchaser of the property and that this has something to do with planning and funding and that it takes longer for this organization to make sure all the funding is in place.
Councilwoman Canavan also asked about the property located at 622 Pine St. and asked how the City acquired the property.
Mr. Briden explained that he was not sure but that he believed that it was probably by Tax Sale.
Council President Noury state that he spoke with Bill Siemers, Executive Director of REACH who related to Council President Noury that he doesn't ask for a Resolution until funding for the project has been assured and sometimes that could take up to a year.
Councilwoman Canavan asked where does the money from the sale go.
Mr. Briden explained that he is not involved with this aspect of the sale and that would be a monetary issue that he is not involved with.
Council President Noury stated that he believes that the City has a revolving account he also commented on CDGB funds.
Councilman Lazieh stated that he is not in agreement with the City Solicitor's opinion on how City Property is transferred and that in his twenty -five years of experience these transfers were approved by the City Council he stated that he doesn't believe it is proper and that this type of transfer is not a formality but a legality he requested Mr. Briden's opinion in writing.
Mr. Briden stated that he has provided this opinion in writing in the form of a memo and that he has done extensive research over the years regarding this issue and he has appeared before other Councils and unless there is a Charter provision which in Central Falls there is not then there is no law, state or local that mandates it. He continued to explain this issue in detail.
Councilman Lazieh stated that he questions whether it is proper for the Administration to transfer.
Council President Noury asked if Councilman Lazieh is making a motion to approve.
Motion to Approve item E was made by Councilman Lazieh and seconded by Councilwoman Canavan. All Agreed. So Voted.
Councilman Lazieh motioned that the Planning Department provide the method by which these properties were acquired, when they were acquired, the cost of acquisition and demolition and where the fund after the sale is deposited. Motion seconded by Councilwoman Canavan.
Discussion followed on how this request would be made. Councilwoman Canavan volunteered to call the Planning Department with these questions and to report her findings at the next meeting.
F. Resolution Regarding the Sale of City Owned Land at 10 Earle St.
Council President Noury asked if this is also a REACH property.
Mr. Briden responded yes.
Motion to approve was made by Councilman Leger and seconded by Councilwoman Canavan. All Agreed. So Voted.
G. Resolution in Opposition of the Pawtucket Water Supply Board's Request for a 29.8% rate increase. (Introduced by Councilman Lazieh)
Motion to approve was made by Councilman Lazieh and seconded by Councilman Leger.
Councilman Lazieh explained the Resolution and the affect of the increase on the Taxpayers and residents of the City. All Agreed. So Voted.
O. Resolution Ordering the Demolition of a dwelling located at 99 Kendall Street destroyed by fire on Jan. 23, 2000. (Introduced by Councilman Lazieh)
Motion to approve was made by Councilman Lazieh and seconded by Councilman Leger.
Councilman Lazieh explained the discussions he had with the Code Enforcement Director and Fire Chief relative to the condition of this dwelling. He related that the property is a Public Safety issue and a hazard to anyone walking on the street. He gave a brief description Of the condition of the property. Councilman Lazieh commented on the City's policy to demolish other buildings in the City that are less deplorable that this property. He commented on the dispute between the property owner and the insurance company but he stated that if they won't take action the City must and will.
Council President Noury commented.
Councilman Lazieh stated that he doesn't care about the dispute between the owner but he just wants to see that building demolished.
Councilwoman Canavan asked if it was in the authority of the Council to order demolition of a Property and asked if this was an issue that needed to be addressed with the Code Enforcement Officer.
Councilman Lazieh made a point of order and stated that this most certainly is allowed under R.I.G.L. 45-24-3.19.1.
Council President Noury ruled that this is not a point of order and gave the floor to the City Solicitor.
Mr. Briden recommended that the Resolution be withdrawn stating that the issue is being addressed in the Municipal Court and that a Resolution by the City Council won't help and in fact muddies the waters and in fact favors the property owner in that the Demolition if ordered by the Council would be described by the owner's attorney as politically motivated and that the Municipal Court isn't impartial that the owner didn't have a fair hearing in court because another branch of government has gotten involved. The Council has no jurisdiction in this matter and that this is a matter of due process and in ordering this action it takes due process away from the property owner.
Council President Noury stated that he could understand Councilman Lazieh's frustration on this matter and asked why it has taken the Legal Department eight months to address this issue.
Mr. Briden stated that he just became aware of this issue and has proceeded accordingly when notified by the Code Enforcement Director and in fairness to the Director this is an issue that involved a dispute between two parties. He recommends that this Resolution be withdrawn because this could become an obstacle.
Council President Noury suggested an amendment.
Mr. Briden stated that this still could present problems for the City in that this is suppose to be heard by an impartial Municipal Court and in presenting this Resolution, the Council, who appoints this Judge is suggesting and or ordering this judge, by Resolution to demolish this building.
Council President Noury stated that he understands Mr. Briden's point and asked Councilman Lazieh how he wished to proceed.
Councilman Lazieh stated that the Resolution is a request of the body and stated that by Resolution the Council is authorized to make a request or order. He cited state law and requested that the Council order the owners and insurance company to come before the Council and explain why this hasn't been done. He continued to argue his point.
Councilwoman Canavan asked to move the issue. Seconded by Councilman Leger. All Agreed. So Voted.
On the motion to approve.
| Councilman Leger | no |
| Councilwoman Canavan | no |
| Councilman Lazieh | yes |
| Councilman Noury | yes |
Motion dies 2 yes 2 no.
P. Resolution Directing N.E.E.D. Inc. to desist from collecting rubbish and recyclables prior to 7:00 am in the City. (Introduced by Councilman Lazieh)
Motion to approve was made by Councilman Lazieh and seconded by Councilman Leger.
Council President Noury suggested an amendment to 7:00 p.m.
Councilman Leger questioned the Ordinance.
Councilwoman Canavan stated that the NEED contract stated 5:00 p.m.
Councilman Lazieh amended the motion to state no earlier that 7:00 am nor later than 5:00 PM. All agreed. So Voted.
Q. Resolution requesting the Central Falls Superintendent of Schools and the State Administrator to report to the City Council on the status of the Central Falls School District for school year 2000/2001 and the next fiscal year's request. (Introduced by Councilman Lazieh)
Councilman Lazieh stated that the Council should be vigilant on Education issues and stated that they should ask the Superintendent to update the Council.
Motion to approve was made by Councilman Leger and seconded by Councilman Lazieh. All Agreed. So Voted.
Council President Noury stated that he wasn't sure if a Resolution is necessary but that a simple phone call would do.
S. Resolution in Recognition and Appreciation for many years of Distinguished Service by Robert J. Canavan to the City of Central Falls. (Introduced by Council President Gene R. Noury)
Motion to approve was made by Councilman Leger and seconded by Councilman Noury. All Agreed. So Voted.
R. Resolution whereby the City of Central Falls accepts the donation from the Michalski Family of land on plat 2 lot 109 to be used as Michalski Park along the Blackstone River. (Introduced by Councilman Lazieh)
Councilman Lazieh explained that there is a vacant lot along the Blackstone River adjacent to Pierce Park and this would continue as open space and be a City Park. He explained that the family has spent about $30,000 in cleaning up the lot and it has been approved by DEM. He also stated that in order for this to happen this has to be approved by the Council for the Pawtucket Probate Court.
Councilman Leger stated that he has concerns about this property and the adjacent Pierce Park and the problems in that area. He stated that he wished to speak with the Chief of Police and the Administration.
Council President Noury asked for a table on this until Councilman Leger has time to do his research on the area.
Motion to table was made by Councilman Leger and seconded by Councilwoman Canavan. All Agreed. So Voted.
1. An Ordinance Amending Chapter 20 Article II Division 2 entitled "Labor Rights" Section 20-50 "Removal of the Chief of the Fire Department from the collective bargaining unit." So Introduced.
1. An Ordinance Amending Chapter 18 "Environment" Article II "Nuisances" Division I "Generally" of the Revised Ordinance. Introduced by Councilman Robichaud.
Council President Noury asked the City Solicitor about this Ordinance and whether this had come before the previous Council.
City Solicitor Briden stated that it was introduced by Councilman Robichaud with the intention of having the Chief of Police present to address the Ordinance. He suggested that it be tabled or continued to a later date.
Council President Noury stated his concerns that this Ordinance creates a burden to a landlord who rented to a bad tenant.
Mr. Briden stated that this is the same law that allows the City to prosecute in the same way that State Attorney General can prosecute.
Councilwoman Canavan commented stating that this is a Police issue and not an issue of the landlord. She commented on the Noise Ordinance and zoning issues that take care of these violators.
Solicitor Briden stated that the City needs this Ordinance for the good of those who live here.
Discussion continued.
Councilman Lazieh commented that it doesn't state who enforces this ordinance. He read from the Ordinance and questions who cites this ordinance and spoke of gradual fines.
Councilman Leger commented that he wanted to hear from the Police Chief.
Motion to table by Councilman Leger and seconded by Councilwoman Canavan. All Agreed. So Voted.
2. An Ordinance Amending Chapter 38 Article One of the Revised Ordinances entitled "Traffic & Vehicles. Introduced by Councilman Lazieh.
Motion to approve was made by Councilman Lazieh and seconded by Councilman Leger.
Councilman Lazieh pointed out some corrections to the ordinance and explained the need for the Ordinance.
Council President Noury questioned the fines and how they would be administered.
Councilwoman Canavan stated that this Ordinance is a State issue and how would a person passing through the City would know of this Ordinance. She asked if a notice would have to be posted to inform people passing through the City of this law. She suggested that the Council petition the legislature on the issue.
Councilman Lazieh stated that this is a local issue and he was approached by the President of the Police Union to institute such an Ordinance.
Councilwoman Canavan questioned the City Solicitor on the issue.
Solicitor Briden stated that there is a valid concern made by Councilwoman Canavan and he commented on the need for data that would give the Council information as to how much of a problem this issue is for the City.
Councilman Leger stated that this is another area that he would like to hear from the Chief of Police.
Councilman Lazieh suggested first passage and that the Chief and the Union President can speak for or against on the issues.
Councilwoman Canavan stated that she would like to have this kind of information before she makes a final decision and asked for a table.
Discussion continued. The Council decided to act on first passage,
On the motion to approve first passage all agreed. So Voted.
3. An Ordinance Requiring the Mayor to submit to the City Council, on a monthly basis, a detailed line item, departmental balance sheet of the current year's operating budget and all other information and documents as may be required by the Finance Committee of the City Council. (Tabled May 8, 2000 Meeting)
Councilman Leger stated that he wouldn't have a problem with this if the ordinance concluded at budget." removing "and all other information and documents etc." stating that it is too vague.
Discussion ensued relative to the need for the Ordinance.
Councilman Lazieh stated that this Ordinance would require line item detail on a monthly basis.
Discussion took place relative to the investigation that will take place shortly.
Councilman Leger motioned to amend ordinance as stated. Seconded by Councilwoman Canavan. All Agreed So Voted.
Motion to table was made by Councilwoman Canavan and seconded by Councilman Noury who stepped down from the chair to second.
Discussion took place in detail relative to the tabling.
Councilman Leger stated that the Council should give first passage and if there are questions or if the Council is not ready to give final passage then tabling could take place.
Council President Pro Tempore Canavan asked for Roll Call on the motion to table.
| Councilman Leger | no |
| Councilwoman Canavan | yes |
| Councilman Lazieh | no |
| Councilman Noury | yes |
Motion dies 2 yes 2 no.
Council President Noury resumed the Chair and asked for a vote on motion by Councilman Lazieh and second by Councilman Leger to approve first passage as amended. All Agreed. So Voted.
4. An Ordinance requiring the Mayor to submit to the Finance Committee of the City Council a preliminary /draft of the proposed annual operating budget for the ensuing year by April 1st of each year. (Tabled May 8, 2000 Meeting)
Councilman Leger stated that in speaking with area Legislatures and the Finance Director this would not be possible since it would be too early to estimate what State revenue would come to the City.
Councilwoman Canavan stated that the Charter calls for May 15th and the closer to that time the budget is submitted the more accurate it is relative to State revenues.
Councilman Lazieh stated that these are valid points but that this ordinance would give the Finance Committee a preliminary budget which is basically worked on from January forward and would give the committee time to work with the Department Heads on the Budget.
Discussion ensued.
Motion to table was made by Councilman Leger and seconded by Councilman Lazieh.
Councilwoman Canavan stated that she did not want to table another Ordinance for future business but would rather defeat this Ordinance at this meeting.
Councilman Leger asked to withdraw his motion. So withdrawn.
Motion to deny the Ordinance was made by Councilwoman Canavan and seconded by Councilman Leger. Motion carried 3 yes 1 absent and Councilman Lazieh voting no.
A.) Correspondence Thomas Lazieh-Discussion Items 5-12
Councilman Lazieh stated that he has no problem with adjourning this meeting and hold this item for discussion for another time.
None
Motion to adjourn was made by Councilman Lazieh and seconded by Councilman Leger.
All Agreed. So Voted.
______________________________
Elizabeth A. Crowley, CMC
City Clerk