January 10, 2001 - Regular City Council Chambers

City of Central Falls

Regular City Council Meeting

City Hall Council Chambers

Wednesday, January 10, 2001

At 7:00 P.M.

A meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 7:01 p.m.

1. Roll Call

Councilman Leger

Councilwoman Canavan

Councilman Robichaud

Councilman Lazieh

Councilman Noury

Quorum present.

2. Pledge of Allegiance

Council President Noury presided and introduced Cub Scouts Corey Kennedy and Mark Champeau, Jr. who led the Assembly in the Pledge of Allegiance.

The Council President asked the Scouts questions about scouting and Mark Champeau cited the Scout Promise.

Council President Noury asked for a moment of silence in recognition of the passing of former Police Sgt. Michael White.

3. Public Comments

Pete DeMeule of Broad Street addressed the Council in opposition to the granting of a Class A Restaurant License at 863 Broad St. He asked that the decision be tabled so that his attorney may be present to cite the reasons for not granting this license. He also commented on parking and rodents.

Councilman Lazieh questioned Mr. DeMeule on his ability to reach the Solicitor. He also stated that he spoke with Mr. Houle on this license and commented on the Zoning.

Councilwoman Canavan also questioned Mr. DeMeule on his objections. She asked several times about the parking and if there were any other concerns Mr. DeMeule had relative to this license.

Doug Pendergrass of 97 Clay Street commented on the investigative committee and stated that he believes the Council is right to form the committee. He commented on Dr. Cornwell's views relative to the Charter and on the Mayor's spending. He stated that the Mayor should make cuts to balance the budget. He urged the Council and Mayor to stop the bickering and to address the needs of the City Council President Noury stated that there is no one more aware of the constant bickering than the members of the Council and he said that as long as the Executive and Administrative Branch attempts to obstruct the Council's authority granted it under the Charter unfortunately there will be conflicts.

4. Petition to Address the Council

Chief Alan DeNaro; Re: Computer Software Municipal Court

Chief DeNaro: "Good evening, basically, what I wanted to do is bring you up to speed on a problem we are now facing, in fact, we're pretty much in the eleventh hour here. I believe Judge Cooney sent a letter to Council maybe last month or the month before in regard to a ruling from Judge DiRobbio who is the Chief Judge in charge of the Rhode Island Traffic Tribunal. What in effect the ruling states is that all municipalities are going to have to have their Citations electronically transferred to the Rhode Island Traffic Tribunal as of January 1 of this year they're going to an entirely paperless system.

What ended up happening was the IMC Software is the Company that we use for our computers inside the Station, they also take care of approximately 30 of the 38 municipalities in the State." IMC was going to produce a program that would be incorporated in the IMC software for this purpose. Several cities went out on their own and purchased ticket programs, after some deliberation, IMC decided, at the last minute, that it was not financially feasible for them to invest the time and effort in producing this program and backed out. So, we got caught, after, probably a couple of months ago, with the notion that we were now going to have to go out and find a source. The majority of the Cities in Rhode Island have gone to Ticket Tracker, which is, what I believe is the program that Judge Cooney recommended in his memo to Council. The program along with installation and training is approximately $15,000, which is, what it would run. What Judge DiRobbio has stated is that there will be no citations accepted without electronic transfer. Right now, they are having some kinks in the system and they are still accepting citations. But sometime in the near future they will stop accepting citations. So we're at a point where we need to figure out where to get the money. I have spoken with the Mayor. The Mayor has instructed me or requested that I come to speak to the Council in regard to that and the Mayor's recommendation was that it come from the surplus account. I'm not really sure on the direction that Council wants to take but I will say that I don't want to get in the middle of a Mayor/Council issue.

I do know that we need this, I've heard recommendations like buy it anywhere else in the budget then balance the budget at the end of the year. The Mayor's not going to do that, he's not going to authorize that so I would request or respectfully request that this Council come up with some type of solution or resolution so that we can afford our officers the opportunity to enforce the laws properly and give them the tools they need to do this, so, I would request that we would bridge this gap and get this accomplished."

Councilman Leger: " Correct me if I'm wrong, but my understanding is the purpose of the General Contingency account that we established at the Budget time is for situations like this?"

Council President Noury: " The purpose of the contingency fund is for unforeseen events. Unforeseen expenses, that's exactly what a contingency account is for."

Councilman Leger: "So, something like this would fit under that description?"

Council President Noury: "I certainly would, yes I would agree with that."

Councilman Leger: "My other concern would be we don't have the authority to make changes to the budget and go into the surplus until April first which is the fourth quarter."

Council President Noury: "And even then it's a matter of, if I'm correct, a transfer of items, but you can't increase the aggregate amount of the budget. Ok?"

Councilman Leger: "To me the only option is, obviously we need it, there's no denying that, but to me the only solution is to do it through the General Contingency fund, which the money is already there. We've already established that account, its just a matter of, unfortunately, them giving the Chief the check to do it."

Councilwoman Canavan: "The contingency fund is $175,000 and we're only half way through the fiscal year, we're only 6 months into the fiscal year so there has got to be $15,000 in there to be used towards this. I have a problem, even if we could; I have a problem going to the surplus funds for $15,000 just in the middle of the year its not like it's the fourth quarter. Another thing, also, is the Mayor has, on paper, already confiscated a 1/4 million of the surplus money, and that's as far as, four of us, on the council are concerned, 1/4 million in excess of what the City needs to run. So, to take another $15,000 out of the surplus, it doesn't make sense, when we have that contingency fund of $175,000. I don't' think we possible could have gone through that whole $175,000 in a half of year.

$125,000 is for legal contingencies, now, if we've gone through the whole $50,000 for general contingencies, the $125,000 on legal contingencies, thus we could consider this a legal issue because we're trying to stay within the confinement of the law. So I have a serious problem with going into the surplus for $15,000 when we have a 1/4 million of that surplus on paper already taken out. If the Mayor is going to conform to the budget we passed, put 1/4 million surplus back in that's another story but to come up with another $15,000 when we really don't have to. Another way to work around it would be, that's what the contingency fund is for, would be for, and that would be the #1 solution. A second solution is if the Police Department wanted to use $15,000 out of their budget and come the fourth quarter at the end of the year if its shown to us that they're $15,000 in the red because of the money they put out for this, then the stipulation could be that we would reimburse them if that $15,000 really put them behind.

The stipulation would be reimburse them but I'm against touching the surplus fund even if we legally could."

Councilman Leger: " Just one other point we do have in our packet a revenue and expense report unaudited, unfortunately, its dated September 30^th and that's the most accurate finance report we're given which is four months old which is another issue but at that time it said that we had only spent only $50,000 out of the $175,000 which leaves a balance of $124,952. It seems to me that I think we could squeeze the $15,000 out of that, for something this important."

Councilman Lazieh: " Mr. Chairman, Chief I understand your predicament, unfortunately there's only one solution and that's an Executive solution. You should not have waited, and the Mayor should not have waited, until this time to correct something that has been directed by the Court and by the Chief Justice. This is what an Executive decision must be. The City Council has no authority to transfer funds within the budget until the last quarter. When an emergency or a situation unforeseen takes place that when the Mayor is suppose to act. This should have been corrected, it should have been contracted and it should have begun to be implemented and that's what I would recommend as a councilman recommending to the Executive Branch of government.

Take action and correct the situation; don't delay. As the other Councilmen mentioned, we do have a contingency account; there should be no consideration for the $15,000 at this point because it could be spent from the budget or made up by the Mayor through cuts between now and June 30^th at the end of this budget. If a transfer of appropriation is necessary then the City Council can authorize that or the Mayor can authorize that in the last quarter. But this is basically an administrative decision and we are a legislative body. I have particularly, not difficult sometimes, but I understand the parameters of both and this should have been corrected and its unfortunate that you should have to come to the Council but you should be knocking on the door, which I suggested to you earlier this week and this is something that should have been corrected and there's no need to come to the Council because its an administrative action that must be complied with. The only people that are going to benefit from the situation are the people who get tickets, or not getting tickets, because they are not going to court and if that's the situation that this administration wants to continue then there will be no action taken. There is money in the budget to take care of the unforeseen and that is what I would recommend to be taken place there's no need to tap the surplus again. We don't even know if the money in the budget that has been expended.

There is money that is taken place in the Municipal Court account and there is money in throughout the entire budget in contingencies and other areas that may or will not be spent between now and June 30^th.

So, to say we don't have the money is incorrect, we do have the money, and, because it is something that the court has required, to proceed with any further actions in Municipal Court, then it should be complied with Administratively. That's what I recommend to you Chief."

Chief DeNaro: " OK, I understand your point, which you did make earlier in the week, but in response to that, and I don't want to belabor this too much, but it appears we're going to have to.

Yes, we should have taken care of this sooner, and as I explained we were taking care of it through our software company, who at the last minute, backed out. Now, I don't have any ins to that company, that I can read anybody's mind as to what they're going to do and that's why Judge Cooney sent that letter last month. There's nothing I can do about that and I will not take responsibility for what that company does and does not do to remain profitable. The second issue is in regard to that $175,000 what the Mayor told me when I went to him, as I did, prior to even your recommendation of going to him, was that the $267,000 or $265,000 that Council has cut from his budget, that $175,000 in its entirety would go there, which is what he told me. He would have to take it out or else he would be laying off people. Without getting into that, that's not my place to talk about, that's the Mayor's. I'm not going to speak for the Mayor, but, I can only relay to you what he told me the contingency that we are referring to here, today, is gone according to the Mayor in the budget passed by the Council because that is where he has to take it from. I'm told there's fat in the City Budget. The Mayor says there isn't. It's not my place to discuss it with him whether that a fact or not. I think that's something that this Council and the Mayor need to do, at some point, rather quickly, because I don't believe that I need to be in the middle of this, I don't believe this department need to be in the middle of this and I don't believe that the citizens should be held hostage as a result of this and that appears to be what is happening right now."

Councilman Lazieh: " Chief, if I can only add, your not in the middle of it, the answer could be given tomorrow to proceed. It's not a legislative action, Chief; it's an Executive/Administrative action that must be made by the Mayor. That could be done without any delay, that's why he's elected as Mayor, to make those tough decisions and to act when its necessary and that's what I would recommend. Since we have known that this change has occurred, then, at that point, the Mayor, when notified, should have proceeded and I would recommend that he proceed, tomorrow. There should be no delay. Chief."

Chief DeNaro: "Is there anyway the Council could make a recommendation to the Mayor to support that move?"

Councilman Lazieh: "I just made one right now, Chief."

Chief DeNaro: "I understand that but I would like to see, if possible, something from the Council to the Mayor supporting this."

Councilman Lazieh: " That's the difficulty we have Chief, being legislative, and being accused by the Administration of acting administratively and that's why it's very difficult, sometime, for the Council. We can make recommendations and we can pass laws and then it's up to this Administration or the Law Department to comply with law. Administratively the Mayor is elected to make the tough decision, you know, the buck stops at his desk and he should act. He shouldn't need the City Council to exercise his duties as Mayor."

Council President Noury: " Mr. Lazieh, are you all done?"

Councilman Lazieh: "Yes"

Council President Noury: "Chief, I have a couple of questions for you. Are you informing this Council that the Mayor told you that he's living within the Council's appropriation and not his?

Chief: " What I'm telling you that the Mayor personally told me that the $175,000 comes out of the $260, I don't know if its 5 or 7."

Council President Noury: "Seven"

Chief: $267,000 that is cut out of the budget by Council, I didn't go into it with him, whether or not he's operating of that or how's he's operating off that or what his plans are. I didn't feel that was my place.

I'm just telling you what he relayed to me when I said to him that there is a contingency account in the budget and he corrected me stating that, going by what was approved by Council that would be gone in its entirety."

Council President Noury: "To me it sounds like in the conversation he may be living on the budget that we approved. OK, so let me ask you another question Chief. This issue regarding software in the Municipal Court wouldn't it be more appropriate that the funds come out of that category in the budget?

Municipal Court, instead of the Police Department?"

Chief: "There's no money in the Municipal Court, I'm coming to you for the Municipal Court as much as I am for the Police Department. Municipal Court budget has a full time salary, a part time salary a Judge's salary and a few dollars for software and office supplies and that's their entire budget."

Council President Noury: "OK, because it leaves me now, after looking at this issue, that maybe the Judge should be standing there instead of you requesting this money."

Chief: "He sent a letter, and maybe that was his way of doing that, I don't know if, what action if any, this Council took on the letter he sent you."

Council President Noury: " Not a thing because nothing has been recommended by the Administration again, it's an administrative function I think…"

Chief: " He works for Council."

Council President Noury: " Well, he's appointed by Council but again, once we make the appointment, and then once we approve a budget, it's like hands off, it's like us not getting involved with the Executive or Administrative decisions as well as he, the judge, not making law or legislating and so there's a separation of powers. Is there something called "NOW" under the new system the universal ticket?"

Chief: "They're coming in the next few days. We expect to have them at the very latest by the end of next week. All of the citations that we issue will come on this one ticket book, so, yes, there will be a universal citation that's the reason we are not paperless right now, we're suppose to go paperless by January one, but the tickets were delayed and that's what we're waiting for, the citations to arrive."

Council President Noury: " Can any of our officers, using this universal ticket, still write up the violation and will it be accepted by the District Court or the appropriate court?"

Chief: "Right now, yes, in the very near future, no. Judge DiRobbio right now is allowing Departments to have a grace period to get it in, if we order this software today, it's still 3-4 weeks to have it delivered and installed. So, there is going to be some lag time, and we can request from the court to allow us some leniency, in getting this in. My concern is, I would rather go to him and say we 3-4 weeks instead of trying to convince him to give us 12-16 weeks because I don't feel that's realistic or fair."

Council President Noury: "OK, this would be administered by the Court?"

Chief: " This is the judge's order that we go paperless. I guess that's part of the modernization process and then it would be the judge who would decide as to whether or not he would allow the municipalities some additional time to get automated."

Council President Noury: "OK, but I'm sorry, I was referring to our Municipal Judge instead of Judge DiRobbio. Wouldn't he be in charge of administering this?"

Chief: " He sees those citations, but the citations go from him to Rhode Island Traffic Tribunal where they're logged. They're not going to accept them."

Council President Noury: "OK, I want to get into the issue of the financing of it, Chief. And I am sympathetic to the plight that you are being put in. Again, another example of the Mayor putting City employees in the middle of a conflict between, a budget conflict, a disagreement between the Council and the Mayor and it's unfortunate that you're standing there in the middle of it Chief. It's too bad. Now, your telling the Council that the Mayor is not going too allow a transfer of budgetary items in the fourth quarter to pay this?"

Chief: "I don't know, when I asked him that, to say, suggest we spent it out of a different account which would then come short at the end of the year and then we could make it up, he said, we were not going to do that at this time. So, I don't know if he's going to change on that or what but as of our meeting when he instructed me to come to Council that was his decision."

Council President Noury: " OK, Let me give you, and we did have somewhat of a conversation, but I want to get it on the record Chief, if you don't mind. We, as a Council, myself in particular, and I'm sure some of the other councilors feel the same way, we've got a concern, that, as Councilman Leger just made reference to, the most recent document submitted to us by the Finance Office for the month ending September 30^th, that financial report right there, that's going into the public record later on tonight, still shows the Mayor living on his budget and not ours. It's a 14.7 million versus 14.4 that we approve so as far as I know officially, and I don't doubt that he may have said that to you or he said it, I don't doubt that. It's very difficult for this Council to accept that without seeing an amended budget reduced by the $267,000 the council authorized. So I still, at this point, have to go by, under the assumption that he's living on that budget and not on ours until I see an official document or he has the Finance Director submit to the Council an amended budget as we authorized. So, and our, and my position is that there's more than plenty of money in that account in that budget right now, especially that $267,000. Given that, lets say the Mayor, is indeed living on the Council's budget and not his budget, even if that was the case, finding $15,000 out of a 14, 400,000 budget it's 1/10^th of 1% of the budget; those monies are there ;and lets go by memory lane for a minute, last June the Mayor came before this Council, requesting an additional $150,000 out of the surplus that he said to everybody in the City of Central Falls, including this Council, that he needed that $150,000 out of the surplus to balance last year's budget. He came and spoke before us we denied him access to that surplus account and low and behold, 2 months after the budget was closed the Mayor makes an announcement that he indeed had an excess in revenue over expenditures. Why did he come and ask the Council for the monies when knew he didn't need it? I don't believe he is accurate when he tells you Chief that he doesn't have the money. Now, it is allowed in the Charter, in the beginning of the 4^th quarter, Chief, that a transfer of items and funds can be taken upon the recommendation unless 4 members of this Council agrees to it, another words, they can override a veto, that we indeed can appropriate those dollars, and, what I'm hearing from my fellow councilors is that maybe you should or maybe the judge should spend those dollars and in the 4^th quarter get a commitment from this committee, this Council, that if the Judge's budget or your budget falls short by $15,000, regardless of what the Mayor says, we've got the authority, under the Charter to make that line item transfer Chief, so my concern is this, should it come from your budget or should it come from the Municipal Court budget. But either or and if, the Mayor, and I agree with Councilman Lazieh, this is an Administrative decision and not a legislative committee, the money as far as the Council is there. It's widely established a contingency fund its why we appropriated that and it would be the Mayor's responsibility, and I would hold him responsible, if he doesn't provide the tools to the men and women of your Department so they can go out there and do their job. I'll hold him responsible for that as the Public Safety Director and as the Mayor. Having said that, I do believe that you getting a commitment; and I don't want to speak for anybody else, but you would have my commitment, that if you did indeed find that you needed to go to your budget to fund this software, that if your budget in the fourth quarter, you come to this council and say Gene, I'm short $15,000 to balance my budget, I would have no problem funding a transfer of items to cover that expense for your guys can do it but its shameless on the Mayor's part for him to tell you that he can't find the money somewhere to do this and I disagree when he says the money not in that budget. So, where are we; we're back to square one; Chief, if you really need it; the men and women of that department need the software to do their jobs, to corral the violators out there; I as an individual councilor and, I will be here in the fourth quarter, you would get my support on finding the $15,000 from a different place in the budget."

Chief: " Do I have the rest of the Council's support?"

Councilman Robichaud: " Chief, are you looking for a Resolution of support? If you are, I'll introduce it for you."

Chief: " I think that would be a start."

Councilman Robichaud: " Then that's fine we'll introduce that at the next meeting for you. We can't put it on the agenda, because it wasn't posted but I will introduce a Resolution to support that. Is there enough money in your budget to cover that."

Chief: "No"

Councilman Robichaud: " You don't have that money."

Chief: " We don't have $15,000 extra dollars in the budget. I would have to take it out of an account that's going to run into the red to pay for it and at the end of the year, as we've just discussed, we would have to appropriate funds to make up the deficit."

Councilman Robichaud: " I will introduce the Resolution for the next meeting to support that."

Chief: " What I would urge this Council to do, and again, speaking as a Department Head, its just a suggestion on my part, and Council can do as it pleases, but I think at some point Council and the Mayor need to get together whether it be in Executive session or in open session and you need to discuss the affairs, especially in finance, that we are running into as Department Heads to run our respective agencies, we shouldn't have to do this and unfortunately, we are, and at this point Council and the Mayor need to get together and need to come to terms on these disagreements so that we can move on with providing the service to the citizens that they deserve."

Council President Noury: "Chief, I would have no problem. It would be my wish come true, that we could work together for the betterment of the City; but, as I stated earlier to another individual; as long as there are attempts to obstruct our authority and powers granted under the Charter there will be conflicts, unfortunately."

Councilman Leger: " I was just going to say that I would absolutely be committed to doing that for you and I don't have a problem as an individual council person, putting my feelings in writing and giving that to you and submitting that to the Mayor. I can't do that for the rest of the Council but I can do that for myself and I have no problem doing that."

Councilman Lazieh: " I would only recommend or ask that the Chairman of the Finance Committee, upon his call, call a meeting of the Finance Committee to review the City's financial situation and to review the differences of, lets say, financial and the discrepancy in the numbers we are hearing. I think the Finance Committee, it would be appropriate for the Finance Committee to meet, and to hear from the Mayor and the Finance Director regarding the status that we are at, at this point, especially half way through the fiscal year and discuss the budget, expenditures and whatever additional funds are in the budget or needs that need to take place between now and June 30^th. I would make that a recommendation."

Council President Noury: " Mr. Lazieh, would you have a problem supporting, if the Department of Police, had a shortfall of $15,000 in the 4^th quarter because of this particular item, would you have a problem in finding a transfer of funds later on?"

Councilman Lazieh: " Mr. Chairman, I have no trouble reviewing the budget in the final quarter to transfer money to balance what this expenditure is required to be done. I have a problem utilizing surplus funds to take care of budgetary items that should be taken care of in this budget cycle. I think there is enough money in the budget. If the Mayor can't find it, I'm sure the Finance Committee could find it."

Councilwoman Canavan: " Mr. President, I'd like to get back to the original issue. I'd like to make a motion that we suggest to the Mayor that the $15,000 for the electronic software be taken from the contingency fund which is what its meant for."

Councilman Leger: "Second"

Council President Noury: " Motion by Councilwoman Canavan seconded by Councilman Leger that the, that it be recommended to the Mayor that the use of the general contingency funds be used to pay $15,000 for the electronic software."

Councilwoman Canavan: "Mr. President, I'm wording it that we suggest to he Mayor because we're trying to say that we can't tell the Mayor what to do it's his budget, we can't tell him to take it from contingency, we can't say lets take it from the police department budget, its his call, so we're going to suggest that common sense dictates it would come from contingency fund there's a contingency fund there which is what its meant for."

Councilman Robichaud: " Apparently the Mayor has already stated the contingency fund, there is no money left in it, because he's used it because he had to use the surplus money. So apparently we have to find the money somewhere. So we can't suggest that we use it from contingency fund because there's no money there apparently. Why even make a recommendation, I mean, we've got to find some money for this department to get this, we need our Municipal Court, and we don't want to loose any more money. What else can we do? Where can we find it Chief? I mean, what do you need?"

Chief: " I need, well we know what we need here."

Councilwoman Canavan: " Mr. President, that's not part of the discussion?"

Councilman Robichaud: " apparently a contingency"

Council President Noury: " Mr. Robichaud, I just want to correct you, there's a motion on the floor and discussion is among councilors only."

Councilman Robichaud: " Well apparently there's no money in contingency so we've got to find another place to get that."

Council President Noury: " OK, the only thing I can say, Councilman Robichaud, in response to that is that we don't know that. The financial report you have in front of you shows a budget 14.7 million not the council's budget that's the Mayor's budget. So until the Administration, whether it's the Finance Director or the Mayor himself, submits an amended budget to this council, the only assumption this council should make is that the Mayor is using 14.7 million not the 14.4 million and until that changes we can't assume that. I think it would be wrong."

Councilman Lazieh: " Yes, Mr. Chairman. Mr. Chairman it's getting ridiculous to this point, this continued discussion, whether we're on a 14.7 million dollar budget or a 14.4 million dollar budget means nothing to the point where the judge has recommended this department need to upgrade its software and its going to be an estimated cost of about $15,000. The man next door should direct it be accomplished. That's it! It doesn't make a difference if he takes from surplus or he takes it, wherever he takes it from within the budget its his prerogative and balance the account in the last quarter of the budget. We don't have to tell him how to do his job. He knows and he should just do it. There is no other reason for this council to direct him or take any formal action because that is his job as Mayor. If there's an emergency or situation that needs to be acted on this man, this Mayor, needs to get it done and I would suspect by tomorrow he should do it. He doesn't need a resolution or an urging from the Council to do his job. He should just do it and the money would be available or he would fin the money between now and June 30^th. It shouldn't be an issue, Chief, and it should be accomplished. I'M not directing a question to you Chief; I'm just stating it. This should already have been accomplished Chief and I'm sorry that you're here before us but it should be an Executive action or Administrative function to accomplish this and not an act of the City Council to get something done. That's all Mr. Chairman."

Council President Noury: " Thank-you, anyone else? The motion is to suggest to the Mayor. Would you repeat the motion Councilwoman Canavan?"

Councilwoman Canavan: "The motion is to suggest to the Mayor that $15,000 to purchase the software for the Municipal Court should come from the contingency fund."

Council President Noury: " All in favor, please signify by saying aye." "aye" opposed?

Councilman Robichaud: "opposed."

Council President Noury: " The ayes have it, so voted. Thanks Chief.

Chief DeNaro also addressed other matters that will come before the City Council. He stated that there will be submitted names to replace or for re-appointment to the Juvenile Hearing Board, he urged the members to take immediate action on these appointments. He related that this Board had been very successful and any delay could hurt this Board. He commented on retirements and the disability pensions and the measures that the Department takes in determining a disability. He spoke of sending them to specialists who determine the need for disability, he said these people are top in their field and that when they are recommending disability the City is positive and certain that they qualify for this disability retirement. He stated his concern relative to the issue of tabling a disability and the cost associated with this delay. He said that this costs the department 2 1/2 times in the salary account because of the delay. Chief DeNaro asked Council members to review and modify their procedures so disability retirements can proceed in a timely and cost effective manner.

5. Minutes

a) Regular Meeting December 11, 2000

b) Special Meeting December 13, 2000

c) Special Meeting December 18, 2000

d) Special Meeting December 27, 2000

Motion to approve collectively and place on file was made by Councilman Leger and seconded by Councilwoman Canavan. All Agreed. So Voted.

6. Correspondences

a) Councilman Jason Leger to Mayor Matthews re: Request opinion Attorney Normand Benoit.

7. City Officers Reports

a) Revenue & Expense Report September 30, 2000

8. Licenses

A. Class A License (new)

1. Gerard Brousseau

d/b/a Old Spinnaker

863 Broad St.

Mr. Brousseau was present to answer any concerns. Mr. Brousseau stated that he has been working in the building for some time and has yet to see any rodents as was described by Mr. DeMeule earlier in the meeting. He addressed the parking concerns and stated that the area is relatively congested and that this is a problem for all Broad Street businesses in that area. He spoke of the Right of Way and an agreement that was reached leaving 8' open at all times

In the driveway. He commented that Mr. DeMeule has erected a 6' fence right down the right of way. He stated that this restaurant has existed in that same building for many years and he said if the building in the back is an illegal addition it has been there for greater than 50 years.

Council members questioned the applicant.

Councilman Leger stated that he would like to question Mr. Houle and the legal department and asked that this be tabled. Motion to table was made by Councilwoman Canavan and seconded by Councilman Leger. All Agreed. So Voted.

B. General Service License (new)

1. Glenn & Elizabeth Laramee

d/b/a G.R.L. Restoration

114 Richmond St.

Motion to approve was made by Councilman Lazieh and seconded by Councilman Robichaud and Councilman Leger. All Agreed. So Voted.

C. Constable License Renewals

See List (as amended)

9. Appointment

Zoning Board of Review (Auxiliary)

Jerauld Adams

85 Cross St.

Term to Expire 12/31/2001

(tabled 12/11/00)

Motion to table was made by Councilman Lazieh and seconded by Councilman Leger.

Councilman Lazieh stated that the person being appointed for the first time should be present so the Council can recognized them and asked them questions. All Agreed. So Voted.

10. Resolutions

a) Resolution extending the Condolences of the Central Falls City Council to the Family of the late George Christiansen. Introduced by Councilman Leger.

b) Resolution extending the Condolences of the Central Falls City Council to the Family of the late Tom H. Andrews. Introduced by Councilman Lazieh.

d) Resolution congratulating the Central Falls Veterans Council on the Installation of Officers on January 14, 2001. Introduced by Councilman Lazieh.*

11. Claims

a) Anthony Harraka, Tax Assessor-Vacation Pay

12. Unfinished Business

a) Report by City Council President on Search for Assistant City Solicitor

City Council President Noury reported that the Council took applications for this position until Monday of this week. He stated that 12 persons had applied for the position. He said each individual that applied was very capable he said that 4 of the applicants are either present Assistant Solicitors or former Solicitors. He commented that some had extensive background in housing violations or Municipal Court. He related that he will name a Search Committee and asked the committee to review each resume and make a recommendation of the top 3 candidates. He stated however, that if the committee felt it wished to add a 4th or 5^th candidate to their recommendation they were free to do so. He stated that the following were candidates for this position: Judith Crowell, Richard Riendeau, George Muksian, Peter Ruggerio, Mary Ellen Lally, James Moretti, Deborah MacDonald, Joseph Dwyer, Donna Fincham, Tina Fogel, Fred Joselyn and S. Paul Ryan. He named Councilwoman Canavan as chair of the committee and Councilman Leger. He stated that the Committee would review their findings in public session and they would then submit their recommendations for Council action.

b) Discussion of completion of 1999/2000 Audit (requested by Councilman Lazieh)*

Councilman Lazieh commented on the completion of the 1999/2000 audit and stated that the deadline for completion of this audit was December 31, 2000. He stated that he was not aware if an extension had been granted and recommends that the audit be completed before the end of the month and that no extensions be granted.

Council President Noury commented that the audit started off fairly well and that by October there was a trial balance he stated that the auditors were very encouraged. He stated, however that in the past few days the news has not been promising. He stated that the auditor's timetable would alter because they are getting ready for the tax season and they stated that if they knew this would happen they would have bid differently.

Councilman Lazieh stated that the audit was not received until just prior to getting the budget. He asked where is the City financially and commented on the 1.6 million surplus. He stated that there is no longer a Review Commission and recommended that the Council take action in the form of a Resolution by the next meeting.

Council President Noury stated that the Council is very aware of the Finances of the City and the City's fiscal condition.

13. New Business

Councilman Leger commented on the demolition of the house on Kendall Street. He also requested that Donald Houle be asked to come to the next meeting to comment on code enforcement issues. He also asked that the Recreation Director come to the meeting to give an update on recreation projects.

Councilman Lazieh stated that he plans to schedule a Liquor Board meeting and asked the members to think about a convenient date either on a Monday or Wednesday.

Council President Noury stated that perhaps the Council could have a Liquor Board meeting and a Claims Committee meeting on the same evening.

14. Adjourn

Motion to adjourn was made by Councilwoman Canavan and seconded by Councilman Lazieh.

All Agreed. So Voted. Time 8:48 p.m.

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Elizabeth A. Crowley, CMC

City Clerk

Interpreters for the Hearing- Impaired Available upon 72 hour Notice made at the Office of the City Clerk.