June 9, 2003 - City Council Meeting
City of Central Falls
City Council Meeting
City Hall Council Chambers
Monday, June 9, 2003
6:45 PM
A meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 6:57 p.m.
1. Roll Call
Councilman Patino
Councilman Noury
Councilman Leger
2. Pledge of Allegiance
Council President Pro Tempore presided and led the assembly in the Pledge of Allegiance.
3. City Officers Reports
1. Recreation Department-May
2. Code Enforcement-April & May
3. City Clerk-May
Motion to accept collectively and place on file was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
4. Correspondences
1. Letters from Public Utilities Commission to House & Senate Finance Committees re: House bill 03-6401 & Senate Bill 03-1047.
2. Merrick A. Cook, Jr., Director of Planning-Overview of Planning Department.
3. Milard Shabo d/b/a Waterfalls Car Wash re: attendance at meeting.
Motion to accept collectively and place on file was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
5. Petition to Address Council
The Learning Community Charter School: Presentation
Representatives from the Community Charter School presented their proposal for the school. Their Mission Statement for the school is committed to developing a learning laboratory where literacy is an action that empowers each individual to have a voice, assume community responsibility and take social action. It is to inspire continual learning among teachers, visiting teachers, students and their families.
6. Claim
Raymond L. Sullivan, Jr. for damage to garage roof from teenagers climbing fence at Garfield St. Tot Lot on Mr. Sullivan’s roof. $375.00.
Edward Lavoie-CFPD-retired-pension benefits.
Motion to refer to the Claims Committee was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
7. Mayor's Comments
8. Licenses
Personal Service License (new)
Jose A. Hernandez
D/b/a Jozmania Hair Salon
437 B Dexter St., C. F.
Motion to table was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
Change of Location
Reginald Henderson
Victoria Torres
D/b/a Adonais Salon
From: 1236 Broad St.
To: 791 Broad St.
Motion to approve was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
Retail Sales
Isaias Fuentes
D/b/a Christian Record Shop
751 Broad St.
Motion to approve was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
Motion to recess was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted. Time 8:05 p.m.
Meeting reconvened at 8:23 p.m.
Council President Weber joined the meeting at this time and assumed the Chair.
Hearing
Waterfalls Carwash Inc.
1325 Broad St.
(see correspondence)
Councilman Patino stated that this issue has been ongoing for over a year. He stated that the owner gives the same reasons each time he comes before the Council.
Councilman Leger stated that the Council has made the other businesses paid their taxes.
Mr. Shabo entered the meeting later in the evening the Council, without objection, granted his request to be heard. Mr. Shabo related that his real estate taxes have been paid. He also stated that he is willing to pay the principal of the tangible taxes in full. He stated that if the business is closed down the City gets nothing.
Mr. Shabo stated that he paid $2,000 on Friday. Discussion continued regarding principal and interest. He stated that he can make a good faith payment today of $5,000. Further discussion ensued and the amount of $5,162.63 was discussed.
Motion to suspend this license until all taxes are paid in full was made by Councilman Patino and seconded by Councilman Leger.
Councilman Patino yes
Councilman Leger no
Councilman Noury no
Councilman Weber no.
Motion failed.
Hector Solis
D/b/a Mufflers Unlimited
763 High St.
Mr. Solis commented on fire damages.
Mr. Dumont reported that many of the items have been cleaned up.
Questions and discussion continued.
The Council stated that they wanted the Fire Chief and the Code Enforcement Officer to go back and inspect the interior of the building and any action would be continued to the August meeting pending these reports.
Mr. Solis stated that these pictures were taken the morning of the fire. He said he pays his taxes. He said that its Code Enforcement’s job to inspect not to wait until a fire happens.
Councilman Leger strongly responded that he needed to clean up his business.
Councilman Noury commented on the run-off to the River.
Councilman Patino stated that Mr. Solis needs to be nice to the River.
Motion to table and continue pending a report from the Chief and Code Enforcement Director was made by Councilman Patino and seconded by Councilman Noury. All Agreed. So Voted.
9. Public Comments
None
10. Ordinances
Introduction
An Ordinance Amending Article 1, in general, Section 28-1 Playground, parks, & playing fields.
So Introduced.
Public Hearing/Final Passage
1. The Annual Operating Budget Ordinance 2003/2004.
Public Hearing Opened. No Comments. Public Hearing Closed.
Motion to amend was made by Councilman Leger and seconded by Councilman Patino. All Agreed. So Voted.
Public Hearing Opened. No Comments. Public Hearing Closed.
Motion to approve as amended was made by Councilman Leger and seconded by Councilman Patino.
Councilman Leger yes
Councilman Noury yes
Councilman Patino yes
Councilman Weber yes
Motion carried 4 yes 0 no 1 absent.
2. An Ordinance Establishing the Maximum Number of Employees in City Departments 2003/2004
3. An Ordinance pertaining to the Salaries of Police Officers and Firefighters.
4. An Ordinance Amending Wage Schedule Generally
5. An Ordinance pertaining to salaries of Department Heads & others in unclassified service.
6. The Annual Capital Budget Ordinance
7. The Capital Program Ordinance
Public Hearing opened-No comments-Public Hearing Closed.
Motion to approve collectively was made by Councilman Leger and seconded by Councilman Patino.
Councilman Noury yes
Councilman Leger yes
Councilman Patino yes
Councilman Weber yes
Motion carried 4 yes 0 no 1 absent.
8. An Ordinance transferring certain funds in the FY 2002-03 Budget-Generally.
Public Hearing opened-No Comments-Public Hearing Closed.
Motion to approve was made by Councilman Patino for the purposes of discussion Councilman Weber seconded the motion.
Council President Weber expressed his concerns of transferring monies from the legal department to legal contingencies in order to circumvent the appointment of a City Solicitor. He stated that he believes this violates the Charter. He stated that he will not support this type of transfer in the future.
Councilman Noury stated that this transfer is circumventing the Charter which expressly stated that the Mayor shall appoint a City Solicitor and that the Council shall approve that appointment. He said that actions speak louder than words and that he wants compliance with the Charter and no more engaging in double talk. He said he cannot approve this ordinance as it stands. He stated that he adamantly opposes the transfer. He doesn’t have problems with the other transfers just the legal contingencies.
Councilman Patino stated that even through this violates the Charter the City must pay its bills and since the services have been done in good faith the City should pay its bills and that is the reason he would support the Ordinance.
Councilman Leger stated that he agreed that the City should pay its bills and that the Council has not been given the opportunity to confirm or not confirm the appointment of a Solicitor but there are bills that need to be paid other than this one.
Councilman Noury stated that he had no problem in amending the ordinance in order to address the other items.
Discussion continued.
Motion to amend was made by Councilman Noury as follows 40900 eliminate 50,000 transfer and 63200 eliminate 50,000 total transfer amended to $145,000. Motion seconded by Councilman Leger.
Council President Weber commented.
Councilman Noury yes
Councilman Leger yes
Councilman Patino no
Councilman Weber yes
Motion to amend carries 3 yes 1 no 1 absent.
Public Hearing Opened.
Mayor Matthews commented on the Legal Department Salaries and that this transfer includes legal services for Tax Sales, Claims, the Landing etc. He stated that he appreciated the reservations of the Council and he respects the request of the Council. He will look at the issue again. He stated that Legal Services actually cost less for the year and is less money paid than to an individual. He commented on the budget transfer and on the Audit.
Motion to approve as amended was made by Councilman Noury and seconded by Councilman Leger.
Councilman Noury stated the fact of the matter is that there is a Charter violation.
Council President Weber stated that this issue has already been discussed.
Councilman Leger asked what is the adjustment in legal contingencies.
Meeting recessed.
Reconvened 9:15 p.m.
Motion to amend was made by Councilman Patino seconded by Councilman Weber.
Discussion continued.
Robert’s Rules discussed.
On motion to approve
Councilman Patino yes
Councilman Noury no
Councilman Leger no
Councilman Weber no
Motion dies
Discussion continued.
Motion to table was made by Councilman Leger and seconded by Councilman Noury.
Discussion in length continued.
Motion withdrawn.
John Kuzmiski, Finance Director asked for Legal Department opinion.
Matthew Oliverio responded and explained Section 2-301 (5) of the Charter in depth.
Meeting recessed at 9:45 p.m.
Reconvened at 9:48 p.m.
Motion to approve was made by Councilman Patino and seconded by Councilman Leger.
Councilman Patino yes
Councilman Leger no
Councilman Noury no
Councilman Weber no
Motion fails.
Addendum
Angel G. Molina
D/b/a New Tech Auto Repair
38 Central St.
Owner of property requested a postponement.
Use of Jenks Park
South Attleboro Assembly of God
July 28th-August 1, 2003
Family Day-August 30, 2003
Motion to approve was made by Councilman Noury and seconded by Councilman Leger. All Agreed. So Voted.
11. Unfinished Business
None
12. New Business
None
13. Adjourn
Motion to adjourn was made by Councilman Noury and seconded by Councilman Leger. All Agreed. So Voted. Time 10:00 p.m.
Elizabeth A. Crowley, CMC
City Clerk