City of Central Falls
City Council Meeting
City Hall Council Chambers
Monday, May 14, 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 7:22 p.m.
Councilman Leger
Councilwoman Canavan
Councilman Robichaud
Councilman Lazieh
Councilman Noury
Quorum present.
Council President Noury presided and dispensed with the Pledge of Allegiance.
Council President Noury announced that St. Elizabeth Seton School would be hosting a Play Entitled "Yankee Doodle" at 7:00 p.m. on the 23rd of May at St. Matthew Church Hall.
Mayor Matthews commented on the Resolution requesting the Rhode Island Auditor General Conduct an Audit of City Finances and Budget. He urged the Council to vote against this Resolution. He stated that this Resolution places a false light on the City's Finances and this could impact the City's Bond rating and place a negative effect on Bonds. He spoke of the Review Commission's views last year that placed the City in a favorable light financially and concluded that the Commission was no longer necessary based on their confidence about the finances and the Council shouldn't attempt to make an issue over something that doesn't exist.
The Mayor also addressed the Resolution requesting the Mayor, Finance Director and City Solicitor to submit to the City council a proposed Annual Operating Budget Ordinance for Fiscal Year 2001-2002 without utilizing surplus funds as a revenue source. He stated that the line item has been in place since 1993 and that it is no different now than then. He said that some years the fund has been used and some years it was not necessary to use these funds, he spoke of the current budget and stated that there is no where in the present budget, no line item that can be cut. He stated that the only alternative to the use of surplus is to raise taxes and this would place the city in a false light.
The Mayor also questioned the introduction of An Ordinance Establishing a 2nd Assistant City Solicitor and also an Ordinance Amending the FY Budget 2000/2001. He asked what they are about since the first one is in court and there is no language regarding the second one.
The Mayor asked the Council what the Ordinance Amending the Maximum Number of City Employees in City Departments is about.
Mayor Matthews requested that the City Council give first passage to his Ordinance Amending the Budget, to allow some discussion on the issue. He stated that he has not been contacted by any member of the Council relative to the issue. He said this should at least get to Final Passage to allow for public forum to further discuss the issues.
Mayor Matthews discussed the ordinance which was introduced to make it part of the budget. He asked why the Council is duplicating what it has already passed. He commented on the Charter and the related issues.
A. Regular Meeting April 9, 2001
B. Special Meeting April 20, 2001
C. Special Meeting April 24, 2001
Motion to accept ABC collectively and place on file was made by Councilman Leger and Seconded by Councilman Robichaud. All Agreed. So Voted.
D. Special Meeting April 27, 2001
Councilman Lazieh stated that the Council did not actually vote on Councilwoman Canavan's comments regarding Attorney Pratt and asked the minutes be corrected to reflect that no vote took place. Motion to approve as corrected was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
A. Family of the Late Robert Bouvier
B. Town of East Greenwich re: Resolution in Support of Legislation increase in State Aid for Education.
C. Elizabeth A. Crowley, CMC City Clerk re:
a) Letter to Stop & Shop request to attending meeting.
b) Letter requesting Mayor be heard later in meeting.
D. Councilman Lazieh regarding:
a) 4/20/01-Letter to Mayor Matthews & City Solicitor Briden related to the Pawtucket Water Supply Board.
b) 4/20/01-Letter to Mayor Matthews & City Solicitor Briden related to the labor contract settlement with the Firefighters.
c) 4/23/01-Letter to Mayor Matthews, City Solicitor Briden & City Planner Merrick Cook related to Public Works Employees working at the modular home on Lonsdale Ave. and request for a report on all funds available or expected from the sale of City Property.
d) 4/24/01-Letter to Mayor Matthews, City Solicitor Briden & Community Development Director Leo Leclerc related to Cable Access Channel 17.
e) 4/27/01-Letter to Mayor Matthews, City Solicitor Briden, City Assessor Gancarski related to City Revaluation.
f) 4/30/01-Letter to Mayor Matthews, City Planner Cook & City Solicitor Briden related to 541-545 Dexter St.
g) 5/1/01-Letter to Mayor Matthews & City Solicitor Briden related to revaluation.
h) 5/3/01-Letter to Chief Coutu related to Fire Department Budget.
i) 5/3/01-Letter to Chief DeNaro related to Police Department Budget.
j) 5/7/01-Letter to Elizabeth Crowley, City Clerk related to May 14th Council Agenda.
k) 5/8/01-Letter to Mayor Matthews, City Solicitor Briden & Community Development Director Leclerc related to Cable Channel 17 and the Mayor's Program.
l) 5/2/01 -Letter to William W. Harsch, Esq. requesting to provide the Council with information detailing the retention of Mr. Harsch from the onset to present.
m) 5/10/01-Letter Mayor & Solicitor regarding WDC.
E. J. William Harsch, Esq. in response to Councilman Lazieh's request.
F. Councilman Leger to Code Enforcement Department re: cars at 96 Blackstone St. & KB Motors, trash on the property of Global Transportation on Hunt & High St.
G. Gerry Dion, President Local 1486 IAFF to Mayor Matthews re: retroactive money due to the Firefighters.
H. Anthony B. Simeone, Executive Director Rhode Island Clean Water Agency re: Resolution in supporting the passage of legislation for method of financing a complete renovation of the Pawtucket Water Supply System.
I. Gertrude Chartier, Registrar re: "Voter Awareness Week."
J. Jewish Federation of Rhode Island-re: 5 year calendar Jewish Holiday.
Motion to accept collectively and place on file was made by Councilman Leger and seconded by Councilwoman Canavan.
Councilman Lazieh asked that he be allowed to open for discussion some of the correspondences.
Council President Noury stated that he would be allowed discussion time on them later in the meeting. Voting on motion all agreed. So Voted.
A. Police Report (March)
B. Revenue & Expense Report (March) unaudited.
C. Code Enforcement (March)
Motion to accept and place on file collectively was made by Councilwoman Canavan and seconded by Councilman Robichaud.
Councilman Leger commented on the Revenue & Expense Report and stated that the Council, he especially, is satisfied with the detail given in the report that has been supplied.
On motion all agreed. So Voted.
A) Guillermo L. Vargas
d/b/a Arepas Carolina
475 Hunt St. C.F.
Motion to table was made by Councilman Lazieh and seconded by Councilman Robichaud.
All Agreed. So Voted.
B) Rosa M. Lopes
d/b/a J & K's Restaurant
773-791 Lonsdale Ave. C.F.
Motion to approve was made by Councilman Lazieh and seconded by Councilman Leger.
All Agreed. So Voted.
C) Eugenio Gibau
d/b/a CV Fish Market
48 Cross St.
Motion to approve was made by Councilman Lazieh and seconded by Councilman Robichaud.
All Agreed. So Voted.
A) Arelis Meza
d/b/a Arelis Party Creations
148-152 Washington St. C.F.
Bakery & Party Goods
Motion to table was made by Councilman Leger and seconded by Councilman Lazieh. All Agreed. So Voted.
A) Maria F. Almeida
d/b/a Almeida's Gift Shop
854 Dexter St. C.F.
Sale of Domestics
Motion to approve was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
B) Dulce T. Cardoso
Marcia's Beauty Salon
903 Dexter St. C.F.
Sale of Clothing, Accessories & Hair products
Motion to table was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
A) Williams Financial Services
d/b/a Oasis Travel Agency
661 Dexter St. C. F.
Motion to approve was made by Councilman Robichaud and seconded by Councilman Leger. All Agreed. So Voted.
B) Faber H. Salazar
d/b/a A-Fast Tax Service Corp.
525 Dexter St. C.F.
Motion to approve was made by Councilman Robichaud and seconded by Councilman Leger.
All Agreed. So Voted.
Juan Zamora
d/b/a Tattoos to the Bone
1234 Broad St.
Change Hours from 3p.m.-11p.m to Noon to Midnight
Motion to approve was made by Councilman Leger and seconded by Councilman Robichaud.
All Agreed. So Voted.
William Benson, Jr.
d/b/a Central Security Agency
1100 Lonsdale Ave. C.F.
Motion to approve was made by Councilman Robichaud and seconded by Councilman Leger.
All Agreed. So Voted.
A). Permit for Use of Jenks Park
Progresso Latino Inc.
626 Broad St. C.F.
Annual Health Fair May 19, 2001 9:00 am-3:00 pm
Motion to approve was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
B.) Permit for Use of Amplification
Iglesia Misionera Cristiana Bethel
99 So. Bend St.
Pawtucket, R.I.
Use Amplification to preach in City Streets Monday through Friday 6pm-8pm
Councilwoman Canavan questioned the applicant.
Councilman Leger stated that he is not in favor of use of a loud speaker for any unsolicited speaking with the use of an amplifier on City's Streets.
Councilman Robichaud commented about the ordinance that prohibits the use of amplification.
Councilman Lazieh stated that what's before the Council is not whether the applicant may canvass the neighborhood preaching the gospel because he has a right to preach his faith. He stated that the Council should get an opinion from the Solicitor before taking any action.
Councilman Leger stated that he is not against anyone preaching he's against the use of a loud speaker.
Motion to refer the matter to the Solicitor for an opinion was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted.
A) Central Falls Fire Fighters by their Attorney Margaret L. Hogan re: Claim for funds in the amount of $138,731.19 resulting from the finalization of the 1998/1999 contract.
Councilman Leger asked if it is proper procedure for any claim over a certain dollar amount to be referred to the claims committee.
Council President Noury responded that it depends if the claim is under the jurisdiction of Rhode Island Interlocal risk, which this wouldn't fall, and all the Council would do is refer it to the Claims Committee at this point.
Motion to refer to the Claims Committee was made by Councilman Leger and seconded by Councilwoman Canavan. ( Corrected 6/18/01 by Councilman Lazieh )
Councilman Lazieh stated that it is correct to accept and place on file and refer this to the Claims Committee but he stated that he would like the members of the City Council to review to Section 2-138 of the Revised Ordinances which refers to the payment of judgements, notes, bonds and interest which he stated directs the Finance Director to pay any final judgement against the City whenever the judgement is certified by the Solicitor. He stated that this has been battered around between the Administration and the Council and at this time it doesn't involve the City Council because it's a judgement and that the money is to be found by the Finance Director in this budget and he stated that unfortunately it should be acted upon by what the court has decided and that was the 1998/1999 contract. He stated that this was appealed and this is a payment that the City Administration should make within this budget and he stated that it doesn't have to come back and forth and that it needs to be* paid. He spoke of the City Council's actions regarding the surplus and said this is not the issue. He related that the issue is that this is an arbitrator's award and that it should be acted upon by the City Administration and there should be not further delay. He stated that 2-138 directs payment. *(corrected by Councilman Lazieh)
Council President Noury asked if the City Solicitor made that certification.
Councilman Lazieh stated that certainly the courts have certified it.
Council President Noury stated that at this time the claim should be referred to the Claims Committee at this time.
Discussion continued.
Councilman Leger pointed out that 2-138 states that the money shall be paid whether it is appropriated or not appropriated at the time of the judgement.
So the Council doesn't have to make a Resolution directing payment as was requested by the Mayor since it is already in the ordinances.
Councilman Robichaud said that in that case it should be paid.
Councilman Leger stated that even if this is referred to the Claims Committee is doesn't mean that it can't be paid by the Administration immediately. He said that this is the answer that has been asked for a period of months.
Council President Noury stated that the Council shouldn't forget that this is between the administration and the Central Falls Fire Union and that the Council are legislative and this is a function of the administration. He stated that the Council is in agreement that this should be paid.
Councilman Leger stated the newspapers have made it appear that this is a Council delay and he stated that this is not being held up by the Council.
Council President Noury reminded the Council that it has been 3 1/2 years that the Administration has been negotiating with the union.
On the motion all agreed to approve.
Councilwoman Canavan stated that there were two bids received one from Parmalee $51,000 for Three year and the other from Chatellier in the amount of $59,000.
Councilman Lazieh commented on Job performance and asked that the issue be placed in Executive Session to discuss job performance and asked that this be placed at the next meeting.
Council President Noury questioned Councilman Lazieh on the purpose of an Executive Session.
Councilman Robichaud stated that he would recommend the award to the lowest bidder.
Councilman Leger questioned if the Purchasing Board should be making the award.
Discussion continued.
Motion to defer to the call of the Chair an Executive Session relative to the issue was made by Councilman Lazieh. No Second.
Discussion ensued regarding the need for an Executive Session or a public session on the issue.
Motion to defer to the call of the chair with an Executive Session was made by Councilman Lazieh and seconded by Councilwoman Canavan. Motion Carried 4 yes 1 no Councilman Robichaud voting against.
A) Resolution extending the condolences of the Central Falls City Council to Pawtucket City Councilwoman Mary Bray & Family of the Late Joseph P. Barry. (Introduced by Councilman Lazieh)
B) Resolution extending the condolences of the Central Falls City Council to the family of the late Lucille E. Heroux. (Introduced Unanimously)
C) Resolution extending the condolences of the Central Falls City Council to the family of the late George E. Pinault, retired Central Falls Police Officer, City Sergeant & Building Official. (Introduced by Councilman Lazieh.)
D) Resolution extending the condolences of the Central Falls City Council to the family of the late Rev. Roger L. Bacon, former Assistant Pastor of Notre Dame Parish. (Introduced by Councilman Leger)
E) Resolution extending Congratulations & Best Wishes of the Central Falls City Council on the 65th Wedding Anniversary of Mr. & Mrs. Thomas G. Mitchell. (Introduced by Councilman Lazieh)
F) Resolution extending the condolences of the Central Falls City Council to the family of the Late Alexander A. Ladish, Jr. (Introduced by Councilman Lazieh)
G) Resolution extending the condolences of the Central Falls City Council to the family of the Late Alfred D. Gaboury. (Introduced by Councilman Robichaud)
H) Resolution extending Best Wishes to the Houle Family owners of Andre Studio for 54 years of doing business in the City of Central Falls. (Introduced by Council President Noury)
I) Resolution extending the condolences of the Central Falls City Council to the family of the Late Anne K. Koczera. (Introduced by Council President Noury)
J) Resolution extending the condolences of the Central Falls City Council to the family of the Late Sara Ann England. (Introduced by Councilwoman Canavan)
K) Resolution thanking Vincente Caban for his service on the Juvenile Hearing Board. (Introduced by Councilman Robichaud).
L) Resolution Congratulating the first-ever Calcutt Chess Team on their first place in New England Championship. (Introduced by Council President Noury)
Motion to approve collectively items A-L was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
Council President Noury recessed the meeting at 8:25 p.m.
Meeting reconvened at 8:37 p.m.
M) Resolution requesting State intervention in the matter relating to the Northern Rhode Island Private Industry Council. (Introduced by Councilwoman Canavan)
Councilwoman Canavan explained the Resolution.
Councilman Lazieh stated that it would be better if the Council knew what the potential total liability to the City and he asked the Mayor who stated that he was not aware of the amount at this time.
Council President Noury stated that whether its $10-$10,000 it has no effect on the passage of the resolution.
Discussion ensued.
Motion to approve was made by Councilman Lazieh and seconded by Councilwoman Canavan.
All Agreed. So Voted.
N) Resolution Directing the Mayor, Finance Director, City Solicitor and all Legal & Financial Advisors from appropriating or encumbering unappropriated operating surplus funds without City Council authorization and approval. (Introduced by Councilman Lazieh)
Councilman Leger asked if this was already in the Charter.
Councilman Lazieh explained the reason for the passage of the Resolution.
Discussion took place about the intent of the Resolution. Councilwoman Canavan expressed her concerns with paragraph 4 of the Resolution discussion ensued.
Motion to amend to delete the fourth paragraph was made by Councilwoman Canavan and seconded by Councilman Lazieh.
Councilwoman Canavan stated that this is a City issue and should stay in the City.
On the motion to amend all agreed. So voted.
Motion to approve as amended was made by Councilman Lazieh and seconded by Councilwoman Canavan.
On Roll Call vote:
| Councilman Lazieh | approve |
| Councilman Robichaud | no |
| Councilwoman Canavan | yes |
| Councilman Leger | yes |
| Councilman Noury | yes |
Motion carried 4 yes 1 no.
O) Resolution requesting the Rhode Island Auditor General Conduct an Audit of City Finances and Budget. (Introduced by Councilman Lazieh)
Motion to approve was made by Councilwoman Canavan and seconded by Councilman Lazieh.
Council President Noury stated that this is the item that the Mayor commented on in which he didn't agree. He stated that the Mayor related that this would put the City in a false light basically if the administration has nothing to hide then there shouldn't be a problem with someone coming in to audit the books. He stated that one of the reason this Resolution as well as some of the ordinance are being enacted is that on a continuing basis for the last 15-16 months the City Council has rejected every financial report that has been filed with the Council because of its lack of details with the exception of the month of March. He stated that on a continuous basis the finance department send these reports and the main reason is the lack of information coming to the Council. He spoke of the audit and the delays in completing it. He stated that he sees no problem with this.
Councilman Leger that he is in favor and this will give us a clearer picture.
Councilwoman Canavan stated that requesting the Auditor General to do an audit will come at no cost to the City and may reinforce the accuracy of the fiscal affairs of the City.
Councilman Robichaud stated that there is no need to have an audit. He commented on the Review Commission's confidence, which was discontinued because of the good financial review, the City was given.
Councilman Lazieh commented on the financial issues of the City and stated that the Council has a right to know where it stands financially. He commented on the Finance Department, the Audit and the need for the Auditor General to review the City's finances. Motion carried 4 yes 1 no Councilman Robichaud voting no.
P) Resolution Requesting the Mayor, Finance Director and City Solicitor to submit to the City Council a proposed Annual Operating Budget Ordinance for Fiscal Year 2001-2002 without utilizing surplus funds as a revenue source. (Introduced by Councilman Lazieh)
Councilman Leger stated that he feels the Resolution is somewhat premature since the budget has not been submitted.
Councilman Lazieh responded.
Councilwoman Canavan commented.
Councilman Lazieh asked to table the Resolution.
Councilman Leger asked why the Council should table.
Discussion ensued.
Councilman Lazieh stated that he would rather table the Resolution indefinitely.
Councilwoman Canavan stated it would be better to clean up the paperwork.
Councilman Robichaud commented on the use of the surplus and stated that the Taxpayers won't support a tax increase. He commented on the outside legal cost.
Council President Noury spoke of the use of surplus funds to pay for legal fees. He spoke of the checks and balances with regards to the Council and the Office of the Mayor and he spoke of the spending to pay for high priced attorneys.
Councilman Leger commented.
Councilman Lazieh commented on living within a budget.
Motion to deny was made by Councilman Leger and seconded by Councilwoman Canavan.
| Councilman Lazieh | no |
| Councilman Robichaud | yes |
| Councilwoman Canavan | yes |
| Councilman Leger | yes |
| Councilman Noury | yes |
Motion carried 4 yes 1 no
Q) Resolution supporting an amendment to the General Laws relating to the power of Local Governments to issue limited obligations payable from drinking water system revenues. (Introduced by Councilman Lazieh)
Motion to approve was made by Councilman Lazieh and seconded by Councilwoman Canavan.
All Agreed. So Voted.
R) Resolution Requesting Vision Appraisal to extend their hearing deadline to May 29th 2001. (Introduced by Councilman Lazieh)
Councilman Lazieh expressed his concerns about taxpayers not receiving enough notice in order to question their appraisals and stated this would give them more time to do so.
Councilman Leger stated that he is concerned about the time and the values place on the properties. He stated that this was just a drive by and that the people didn't go into the homes in order to properly evaluate the properties.
Discussion ensued.
Motion to approve was made by Councilman Lazieh and seconded by Councilman Robichaud.
All Agreed. So Voted.
A) An Ordinance Amending Chapter 6 Article III (Bingo) ( Introduced by Councilwoman Canavan)
So Introduced.
B) An Ordinance Amending Chapter 6 Article IV "Mechanical & Electronic Amusement Devices, Amusement Centers, Billiard/Pool Room (Introduced by Councilwoman Canavan)
So Introduced.
C) An Ordinance Establishing a 2nd Assistant City Solicitor. (Introduced by Council President Noury)
So Introduced.
D) An Ordinance Amending the Fiscal Year 2000/2001 Annual Operating Budget. (Introduced by Council President Noury.)
So Introduced.
A) An Ordinance Amending Chapter 6 Article II Division 2 entitled "Entertainment" (Introduced by Councilwoman Canavan)
Councilwoman Canavan explained the revision that would take place if the Ordinance is passed. Motion to approve was made by Councilman Leger and seconded by Councilman Lazieh.
All Agreed. So Voted.
B) An Ordinance Amending the FY 2000-2001 Maximum Number of City Employees in City Departments. (Introduced by Council President Noury)
Discussion took place.
Motion to deny was made by Councilman Robichaud and seconded by Councilwoman Canavan.
All Agreed. So Voted.
C) An Ordinance Amending the Annual Operating Budget Fiscal Year July 1, 2000 Ending June 30, 2001 as amended. ( Requested by the Mayor)
Motion to approve was made by Councilman Robichaud. No second. Motion dies.
Motion to deny was made by Councilman Lazieh and seconded by Councilwoman Canavan.
Councilwoman Canavan stated that there are only 6 week remaining until July 1st and that is when the City should allocate the payment to pay the remainder owed to the Firefighters. She stated that the 98/99 settlement should be paid from fund out of this year's budget. She commented on where the present budget stands and questioned the $104,000 that was allocated for the clothing allowance.
Councilman Lazieh referenced sections 2-301-302 & 303 of the Charter and the duties of the Mayor.
Councilman Robichaud argued that the firemen needed to be paid and if that means using the surplus then so be it. He recommended that payment be made and that the issue no be carried any further.
Council President Noury stated that the only question in the present budget would be where to get $67,000, he commented on the clothing allowance and stated that he wanted a detail on what that entails. He spoke of the Charter and the Mayor not asking for the opinion of the Council on this matter and the responsibility of finding the money to pay the firefighters is the responsibility of the Mayor.
Councilman Robichaud stated that the contract has been settled and the duty of the Council is to provide the funds.
Council President Noury commented on the issue in detail. He stated that the Mayor has been told numerous times how he could provide the funds to pay the firefighters for the 98/99 contract.
Councilman Leger expressed his concerns and stated that he had no problem in appropriating the funds to pay this obligation but he would not just give it to the Mayor without details.
Councilman Lazieh commented on how the budget should provide for the expenses of the City.
Motion to deny carried 4 yes 1 no Councilman Robichaud voting no.
A.) An Ordinance Amending the 2000/2001 Annual Operating Budget. (Introduced by Council President Noury.)
Council President Noury opened the meeting to a public hearing.
Mayor Matthews asked if this was just the worksheet that is being considered at this meeting.
Council President Noury stated that there are no changes in the numbers for this Ordinance and the purpose is to provide a more detailed monthly report.
Mayor Matthews stated that the Council has received the financial reports that are consistent with the reports that have been filed for many years. He expressed to the Council that they should try to understand what a balance sheet is and he recommended that the Council seek legal advice before giving final approval to this amendment. He commented that it was required to have a majority of 4 votes in order to give amendment to this Ordinance.
Discussion ensued.
Councilman Leger commented that he has made this request for this document.
Councilman Robichaud stated that he would like to hear from legal regarding this amendment.
Discussion ensued on whether it takes four members of the Council to introduce this amendment.
City Solicitor Briden explained in detail his opinion regarding the need of having 4 members out of 5 to amend the ordinance.
Discussion continued with the Solicitor and what his research should entail.
Councilman Leger stated that the Council and the Mayor are in agreement as to what the Council is asking with regards to the Ordinance.
Motion to table was made by Councilman Leger and seconded by Councilwoman Canavan.
All agreed. So Voted.
none
Councilwoman Canavan asked the Chairman of the Finance Committee to check with the Finance Office to see if the $90,000 is listed as revenue.
Councilman Leger responded that he has sent a letter to the Finance Office requesting that information.
Councilman Lazieh requested that at the next meeting the Council could discuss some of the issues raised in correspondences.
Motion to adjourn was made by Councilman Leger and seconded by Councilwoman Canavan.
All Agreed. So Voted. Time 10:00 p.m.
___________________________________
Elizabeth A. Crowley, CMC
City Clerk