April 15, 2002 - City Council Meeting

City of Central Falls

City Council Meeting

City Hall Council Chambers

On MONDAY, April 15, 2002

at 4:00 p.m.

A meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 4:00 p.m.

1. Roll Call

Councilman Issa

Councilman Leger

Councilman Patino

Councilman Noury

Councilman Noury

Quorum present.

2. Pledge of Allegiance

Council President Robert Weber presided and led the assembly in the Pledge of Allegiance.

3. Presentations

Angelo Garcia, Director of Channel One- KICK program.

Mr. Garcia addressed the Council and stated that he needed the assistance of the City Council to act as representatives from their Ward for the First Annual Take Pride in Central Falls Day. He stated that he would like the Council Member to be ward Captains and to provide leadership and direction to the youth and adult volunteers who will participate in this program.

Without objection the Council President added the following to the Agenda:

3a-Public Comments on Agenda Items

Jonathan Kelly of 150 Jenks Ave. stated that he truly believes that the City can save money if they do the trash and recycling in house. He stated that he is not here as a former employee because he works for the state and has a better job, but, he is a homeowner and taxpayer and he feels the Public Works Department can do the job. He stated that many of the decisions were made by management and that the employees did what they were told. He said it was the policy of the City to pick-up heavy trash every six months.

Ed Collins of 139 Jenks Ave. asked where the ½ million dollars in saving is. He stated that it’s a simple question and wants to know where it has been put.

Councilman Noury asked Mr. Collins who issued that statement that the City would save ½ million dollars.

Mr. Collins responded that it was in the deposition prepared by Mr. Oliverio and Mr. Rogosta for the Court.

3b-Chief DeNaro re: Pine Street Community (permit)

Chief DeNaro stated that the permit issued by the Council for a simple block party /clean-up of the Pine Street area from Crossman Street to Moore Street has become a full-blown party with over a thousand people expected with a DJ. He stated that the organizers have advertised in the newspaper and on the radio. The Chief stated that this is not a feasible area for this type of event and he would recommend that the Council rescind this application. He stated that if the organizer wished to ask for a new permit he would suggest this type of event be held in Jenks Park as a Community event and not as a Block Party.

Councilman Noury stated that when the applicant appeared he brought about 15 young children and a few adults. The Applicant stated that a few residents of Pine Street were getting together to clean up the Street.

Councilman Patino stated that the applicant contacted him and stated that there would be about 100 angry kids before the Council today to protest. He would recommend that the applicant come before them with a new applicant.

Councilman Noury motioned that under an emergency situation and for the Public Safety the application for this event be rescinded. Motion seconded by Councilman Leger.

Motion carried 5 yes 0 no 0 absent.

4. Audit-Fiscal Year 2002

Council President Weber stated that the Finance Office would like to know if the City Council has engaged the Auditor for fiscal year 2002 audit.

Councilman Noury commented that the Council asked in the bid for the Audit to be priced for up to 3 years and last year the Council chose Parmalee. He stated that it was good practice to change auditors. He said that he is not happy with Parmalee because of the lack of communication between them and the Council and he suggested that the Council return to Cayer, Prescott for the 2002 audit.

Councilman Leger stated that he agrees with Councilman Noury. He stated that in his opinion Cayer, Prescott is more experienced and that there has been no information from the Parmalee firm. He said the only information he has received has been from the Finance Director.

Council President Weber commented on the $24,000 for fiscal year 2003 audit and suggested that the Council may want to re-bid.

Motion to hire Cayer/Prescott for fiscal year 2002 audit was made by Councilman Noury and seconded by Councilman Issa.

Motion carried 5 yes 0 no 0 absent.

5. Presentation on Refuse/Recyclable Collection

John Burns –AFSCME-Council 94 presented the City Council with reports prepared by Professor Sam Mirmirani, Allan M. Feldman, Ph.D. and a quantitative cost analysis prepared by AFSCME. He stated that to return to the City picking up trash is do-able and that it could save the City at least $110,000. He stated that the union has sent a letter to the City requesting that a study be done and that the Union and the City would split the cost. He stated that the Mayor believes in private pick-up.

Refuse/Recyclable Bid Proposals

Recommendations of the Central Falls Purchasing Board-Regarding the Refuse Recyclable Bid Proposals and Award of Contract by Council.

Council President Weber stated that Need has amended their bid to $1,025,000 for a two-year contract.

Since the Legal Department is not available Councilman Patino stated that since the Mayor and the Solicitor are not here the matter should be tabled.

Motion to table was made by Councilman Patino and seconded by Councilman Noury. 

Motion carried 5 yes 0 no 0 absent.

Council Members gave a brief overview of the questions they have regarding the bid.

Councilman Leger, referring to page 29 of the contract, asked who has the right to act on the “Right to Terminate Clause” the Council or the Mayor.

Councilman Noury stated that Mr. Oliverio stated that he would not be available for this meeting. He asked for an opinion regarding the Charter amendment. He also asked if the Council will have any control once or if the Council approves the bid. He stated that he is not willing to sign off totally. He also stated that the Contract will expire on April 24^th. He said that the Council will work until the matter is settled since this can become a Public Safety issue.

Councilman Issa stated that there should be no reason to rush this through.

Council President Weber allowed representatives from NEED to comment.

Mr. Martineau stated that the City Administration asked all the bidders to sharpen their pencils when making their proposal. He said that NEED has sharpened and re-sharpened the pencil to come up with the best most responsible bid it could offer.

The Council asked Mr. Martineau if NEED would continue with the present contract until a decision is made regarding trash pick-up.

Mr. Martineau stated that he would have to ask Mr. Vinagro fi he would continue to serve the City at the new higher rate and he would have an answer by Friday. Council President Weber thanked Mr. Martineau.

6. Resolutions

A) Resolution of the City Council of the City of Central Falls for Mayor Lee M. Matthews to file Rhode Island Small Cities Community Development Block Program and the Small Cities Entitlement program applications for fiscal year 2002.

7. Unfinished Business

8. New Business

Addendum

Permit

Holy Spirit Catholic Community

Festival & Flea Market

May 3, 2002 5:00pm-10: 00pm

May 4, 2002 3pm-11pm

Motion to approve was made by Councilman Leger and seconded by Councilman Issa.

All Agreed. So Voted.

9. Recess

Motion to recess to Wednesday, April 17, 2002 at 8:00 p.m. was made by Councilman Noury and seconded by Councilman Leger. All Agreed. So Voted. Time 5:25 p.m.

_____________________________

Elizabeth A. Crowley, CMC

City Clerk

City Council Meeting

Reconvened to April 17, 2002

The Central Falls City Council reconvened its April 15^th meeting on the above date in the City Hall Council Chambers at 8:10 p.m.

Members present:

Councilman Noury

Councilman Leger

Councilman Issa

Councilman Patino

Councilman Weber

Quorum Present.  Council President Robert F. Weber, Jr. presided.

Councilman Noury asked the Solicitor if the Council could vote to change the Audit Service to the other company the bid or does the Council need to re-bid for auditing services.

Matthew Oliverio, Assistant Solicitor stated that the Council approved the bid to the Company presently doing the Audit with the provision that the City Council opts for another two-years. If the City chooses not to add the additional years, then the Audit would have to be re-bid.

Motion to reconsider the vote taken on Monday for Auditing Services was made by Councilman Noury and seconded by Councilman Leger.

Motion carried 5 yes 0 no 0 absent.

Motion to advertise for Auditing Services was made by Councilman Noury and seconded by Councilman Noury.

Motion carried 5 yes 0 no 0 absent.

Without objection the Council President allowed for Public Comments.

Mr. Jonathan Kelley stated that the question with Trash pick-up is not only the savings but also the quality of service. He commented on the judgement from Judge Silverstein and he asked what is going to happen on April 29^th.

Councilman Leger questioned the wording on page 29  #14(b) – 30 days notice and asked the Solicitor who has control when the bid is awarded.

Matthew Oliverio responded that the Charter in section 1-102 and 4-100 clearly states that the Mayor is charged with the Administration of the City.  He also stated that RIGL 23-18.9-1 of the State Law makes the Mayor responsible for the Public Safety of the City. 

Mr. Oliverio further stated that with regard to the Charter provision related to the privatization of a City Service, it states that the issue must go before the Council if it is in excess of $5,000 or 11 months in duration.  He said the Council’s authority is to approve or reject the bid. He commented on the bid specification referring to page 6 of the specs and stated that the bid is based on a two-year contract.

Meeting recessed for 5 minutes.

Council President Weber reconvened the meeting and asked for a motion. Hearing none he turned the Chair to the President Pro-Tempore Jason Leger.

Chairman Leger asked for a motion.

Motion to approve the Refuse/Recycling Contract to NEED was made by Councilman Patino and seconded by Councilman Weber.

Councilman Patino stated that he spoke with and called several residents in his ward, most of his residents were happy with NEED.

Councilman Weber stated that what is before the Council is not the issue of privatization and he would encourage a combined study with a 7-member panel do to a cost analysis to see what the cost saving is to the City. He stated that what is now before the Council is whether to award the bid to NEED or to re-bid.

Councilman Leger commented.

Motion carried 5 yes 0 no 0 absent.

Chairman Pro-Tempore Leger returned the Chair to Council President Weber.

Mr. Joe Cuevas asked for the opportunity to address the Council regarding his request that was granted by the Council on March 25^th to answer some of the remarks that were made by the Chief of Police. He stated that this is a block party and that he never advertised and that the only vendor that was asked was one ice cream truck.

The Council after lengthy discussion with Mr. Cuevas stated that the permit has been rescinded by the Council but if Mr. Cuevas wished to ask for a permit for Jenks Park the Council will consider it at the May 13^th meeting.

Motion to adjourn was made by Councilman Leger and seconded by Councilman Noury.

All Agreed. So Voted.  Time 9:34 p.m.

________________________________

Elizabeth A. Crowley, CMC

City Clerk