March 10, 2003 - City Council Meeting
City of Central Falls
City Council Meeting
City Hall Council Chambers
MONDAY, March 10, 2003
6:45 p.m.
A meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 6:45 p.m.
1. Roll Call
Councilman Noury
Councilman Patino
Councilman Leger
Quorum Present.
2. Pledge of Allegiance
Council President Pro Tempore Jason Leger presided and led the assembly in the Pledge of Allegiance.
3. Moment of Silence
Council President Leger asked the assembly to observe a moment of silence in memory of the 99 people who lost their lives in the nightclub fire.
In Memory of the Victims of the West Warwick Nightclub Fire.
4. Requested to Appear
A) Vladimir Ibarra, Channel One Project Air Coordinator Channel One staff were present to give a brief overview of the programs taking place by the Channel One organization.
The Staff related that there is a Teen Drop-In Center at the 507 Broad Street facility and told the Council of the many programs the staff has implemented such as the After School Program; Youth Employment Program; Family Strengthening Program; Child Care Program; Alternative Learning Program; At-Risk Student Program; the Juvenile Hearing Board and the Drug Free Program.
Council President Leger asked how people could get in touch if they were interested in a certain Program.
Staff members gave the phone number as well as the web site for the program.
B) Chief Thomas Wilson, CFPD - re: Requesting a Resolution in support for the change of language regarding gun permits.
Chief Thomas Wilson spoke on a proposed Resolution asking for a change in the language of the Gun permit law. He stated that the Rhode Island Police Chief’s Association supports the change and he asked that the Council support the Resolution.
Councilman Noury asked the Chief about the language change and stated that there is a significant difference between the word may and shall.
Chief Wilson stated that as far as he was concerned he would send applicants to the Attorney General’s Office for a gun permit as has been the practice in the past.
Council President Leger thanked the Chief and stated that the Council would take up the Resolution later in the meeting.
C) Merrick Cook, Director of Planning
Council President Leger questioned the lead abatement program and asked Mr. Cook if it was implemented at the 170 Washington St. property. He also asked if there was any other hazardous materials program that needed to be followed Mr. Cook responded that he has a receipt of disposal of materials as is required by State Law and that the receipt has to be recorded with the Code enforcement department. Council President Leger questioned the amount the property was sold for. Mr. Cook explained the process taken by the Planning Department with regard to the sale of real estate acquired by the City. He stated that the property was advertised for sale with the building. He said that when the building was demolished a proposal was sent to the department in the amount of $45,000. He stated that this was rejected. He explained that R & D Building submitted a proposal in the amount of $57,016 which was approved since the builder agreed to the terms that only single family homes be constructed for that site. Mr. Cook explained that this was in keeping with the Comprehensive Plan. He stated that another contractor did bid the same amount of $57,016 but the plan was rejected because the proposal was to build two 2-family homes on the site and this was not in keeping with the Comprehensive Plan. He stated that the property was sold based on the Developers proposal.
Councilman Patino stated that the policy is not clear enough. He stated that perhaps the City should hold a public auction for the property and this would look better to the outside observer.
Mayor Matthews explained that the policy has always been on a first come first serve basis and He also explained in detail the chronology of the sale.
Councilman Noury stated that this may be all well and good but when the people involved happen to be a relative of a Department Head it may be construed in the wrong way.
Mayor Matthews stated that he knows that and he told the developer that he should not buy the property because of that very reason.
Council President Leger asked if there are any more questions relative to this issue. Since there were none he asked Mr. Cook to give an overview of the CDBG application. Mr. Cook explained the application process. He stated that there have been several public hearings and workshops regarding the application and he related the deadline.
Council President Leger asked if Mr. Cook would relate how the $300,000 is broken down.
Mr. Cook stated that the request is as follows:
New Homes $75,000 (down payment & closing costs)
Human Services $70,000
YMCA $40,000
Progresso Latino $15,000
Acion USA $15,000
He stated that there is a request for $80,000 for infrastructure and $35,000 for off street parking by purchasing 368 Cowden Street for parking for the Y.
Mr. Cook explained that the City is in the Small Cities Entitlement program and that amount is $150,000 for Higginson Avenue Sports Complex, $145,000 DPW relocation and $105,000 Administrative. Mr. Cook explained that the DPW relocation was about two or three years away.
5. Minutes
December 9, 2002; December 16, 2002; January 13, 2003; February 10, 2003.
Motion to accept collectively and place on file was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
6. Notice of Deficiencies (Fire Code)
A) James Salazar-Tropicana Nightclub - 134-138 Cowden St., Central Falls, R.I.
B) Samuel Scungio-Ideal Café-477 Broad St., Central Falls, R.I.
C) Daniel Cardoso-Beirao Café Restaurant-1374 Broad St., Central Falls, R.I.
Chief Coutu explained in detail the deficiencies and the Fire Code issues since the Station Fire in West Warwick.
Motion to accept the correspondences and place on file was made by Councilman Patino and seconded by Councilman Noury. All Agreed. So Voted.
Chief Coutu stated that there are violations that are not part of the fire code but are against the housing codes.
Councilman Noury commented to the Chief and stated that as far as he was concerned there is a zero tolerance policy relative to these issues.
7. Correspondences
a) Channel One-re: Project AIR
b) Chief Wilson-re: Gun Permit Law
c) Councilman Leger to Merrick Cook-request to appear
d) Councilman Leger to Pat McGovern-request for information
e) Senator Donna Walsh-re: Resolution of Support Rhode Island Business & Professional Women “Equal Pay Day.”
f) Ralph Boragine, President Resource Conservation & Development Council re: Financial Support 2003.
g) Councilman Leger to Angelo Garcia-request to appear.
h) Councilman Leger to Elizabeth Crowley, Purchasing Agent request for information regarding Purchasing Procedures.
i) Elizabeth A. Crowley, Purchasing Agent-regarding Purchasing Procedures/Policy.
j) Councilman Leger to Merrick Cook, Planning Director request for information regarding Purchasing/Selling Procedures City property.
k) Merrick Cook, Planning Director-regarding City’s Procurement Policy.
l) Resolution of the City of Pawtucket in Support of reallocating $80 of the Economic Growth and Tax Relief Reconciliation Act of 2001.
m) Richard C. Sardella, Mayor of Newport re: 47th Annual St. Patrick’s Day Parade Saturday, March 15, 2003.
n) Resolution of the City of Pawtucket in support of 2003-H-5772 An Act Relating to Business and Professions. Electricians.
o) Senator Paul W. Fogarty-District 23-re: Senate Bill 2003S 0256 An Act Relating to Education The Rhode Island student investment initiative.
p) Pawtucket Water Supply Board-Rate Schedules
Motion to accept collectively and place on file was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
8. Audit Report
a) Cayer Prescott Clune & Chatellier, LLP-Letter of observations and recommendations - Fiscal Year 6/30/02.
b) General Purpose Financial Statements & Supplementary information 6/30/02 with independent auditors’ report.
Motion to table was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
9. City Officers Reports
a) Department of Code Enforcement January-February 2003
b) Personnel Department February 2003
c) Recreation Department February 2003
d) City Clerk’s Office February 2003
e) Fire Department February 2003
Motion to accept collectively and place on file was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
10. Mayor's Appointment
Personnel Board
Antonio Parra
250 Rand Street
Term to expire January 2004
Motion to table was made by Councilman Noury and seconded by Councilman Leger.
Councilman Noury explained that it is generally the policy to have the intended appointee at the meeting so that the Council can formally meet with them. All Agreed. So Voted.
11. Fire Department Contract
Agreement between the City of Central Falls & Local 1485 International Association of Firefighters AFL-CIO - July 1, 2002-June 30, 2005.
Motion to approve was made by Councilman Noury and seconded by Councilman Leger.
Councilman Patino stated that he doesn’t like the number of hours in overtime and would like to see more firefighters on the force. Councilman Leger stated that he agreed but that in order to meet the minimum manning provisions in the contract the overtime is necessary.
| Councilman Noury | yes |
| Councilman Patino | abstain |
| Councilman Leger | yes |
Motion carried 2 yes 0 no 1 abstain 2 absent.
12. Mayor's Comments
Mayor Matthews stated that the Fire Fighter’s contract needed to be signed by the Council President.
The Mayor asked that the Council support the passage of the Resolution relative to the CDBG application. He related that no matter who applies, Municipal Affairs dictates how the process will be completed. Mayor Matthews invited the Council to join him in viewing a former mill building in New Hampshire that has been renovated into a commercial facility similar to the one proposed for the Landing. He explained that Bob Billington Executive Director of the Heritage Corridor will be supplying a van for the excursion on March 18th. He stated that with regards to the Landing there needs to be a clear date as to when the issue will be discussed by the City Council. He stated that the Need Assessment Study has been completed and the he will present them to the Council. He stated that the Developers as well as proposed buyers as well as the Tourism Council and other groups want to express their support before the Council.
Council President Leger stated that there will be a Special meeting of the Council on March 31, 2003 for that purpose.
Mayor Matthews stated that for the purpose of moving the process further along he asked the Council to support first passage of the Ordinances are on the agenda. He also stated that he would ask the Council to table the Resolution regarding the transfer of property located at 1420 Broad St. since it has not been finalized. He also stated that the Resolution requesting the General Assembly to amend Chapter 25 of the Rhode Island General Laws not be given passage. He stated that the Council should asked for a Resolution that has a finding a fact. He stated that the general laws have no other City in the Stated that requires residency. He stated that there is just one Town that does and that is the Town of Lincoln, which is not a City. He said that this is not about checks and balances and that it’s about targeting Jim Briden.
Mayor Matthews also asked the Council no to pass the Resolution withdrawing from the Detention Facility lawsuit. He stated that this is about checks and balances and this is exactly what the Council should be looking to do with regard to the facility.
Meeting recessed at 8: 30 p.m. Meeting reconvened at 8:45 p.m.
13. Public Comments
None
14. Licenses & Permits
A) Transfer of Location
Alba Esteban
D/b/a Albita’s Boutique
From 850 Broad St. to 905 Broad St.
Motion to approve was made by Councilman Patino and seconded by Councilman Noury. All Agreed. So Voted.
B) Retail Sales (new)
1. Sergio R. Hernandes & Elmer A. Fuentes
d/b/a Christian Book Store & Gift Shop “Baruch”
883 Dexter St.
Motion to approve was made by Councilman Patino and seconded by Councilman Noury. All Agreed. So Voted.
2. Rena Esan
526 Dexter St.
(sales Music CD’s & Music Videos)
Motion to approve was made by Councilman Patino and seconded by Councilman Noury. All Agreed. So Voted.
3. Albertina B. Cardoso
d/b/a A.B.C. Unique Gift Shop
781-783 Broad St.
Motion to approve was made by Councilman Patino and seconded by Councilman Noury. All Agreed. So Voted.
C. Auto Repair (renewal)
Anthony J. Vitali
D/b/a Gerry’s Auto
91 Washington St.
Motion to approve was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
D. General Service License
Waterfalls Car Wash Inc.
1325 Broad St.
Motion to table was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
E. Permit to Use Jenks Park
Blackstone Valley Puerto Rican Committee
Fiesta De Pueblo 2003
June 21, 2003 Noon-7: 00 pm
Motion to table was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
15. Resolutions
a) Resolution extending the Condolences of the Central Falls City Council to the Family of the late former Representative Gerald Hayden. (Introduced by Councilman Leger)
b) Resolution extending the Condolences of the Central Falls City Council to the Family of Rene Lemieux. (Introduced by Councilman Leger)
c) Resolution extending the Condolences of the Central Falls City Council to the Family of the late Erica Chabot former clerk in Code Enforcement Office. (Introduced by Councilman Leger)
d) Resolution extending the Condolences of the Central Falls City Council to the Family of the late Josephine Pytka. (Introduced by Councilman Leger)
e) Resolution extending the Condolences of the Central Falls City Council to the Family of the late Raymond Letendre former Councilman & Senator. (Introduced by Councilman Noury)
f) Resolution extending the Condolences of the Central Falls City Council to the Family of the late Cecile Genereux Beaudoin. (Introduced by Councilman Noury)
h) Resolution extending the Condolences of the Central Falls City Council to the Family of the late Charline Gingras-Fick victim of the West Warwick Nightclub Fire. (Introduced by Councilman Leger)
i) Resolution extending the Condolences of the Central Falls City Council to the 99 People who lost their lives in the “Station” Nightclub Fire on February 20, 2003. (Introduced by the entire City entire City Council.)
j) Resolution Congratulating former Mayor Francis X. Garvey on the occasion of his 80th Birthday March 10th. (Introduced by Councilman Leger)
Motion to approve collectively items A-J was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
k) Resolution withdrawing the City Council’s role & participation in litigation against the Central Falls Detention Facility Corporation. (Introduced by Councilman Noury) tabled 2/10/03.
Motion to table was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
l) Resolution CDGB (Requested by Planning Department)
Motion to approve was made by Councilman Patino and seconded by Councilman Noury.
Councilman Patino stated his concerns regarding the Resolution. He said he would work them out with the Planning Director. All Agreed. So Voted.
m) Resolution requesting the General Assembly to amend Chapter 24 of the Rhode Island General Laws pertaining to City Housing Authorities. (Introduced by Councilman Noury)
Councilman Patino: “In principal I was probably one of the first ones here to state that I would like to see all the City residents, all the Board Members, being city residents. However, I didn’t have enough time to discuss this with my constituents and also I know I have an obligation to discuss this with some constituents who live in the other two wards of the City that are not represented here tonight because they are serving our Country. I, honestly, would like to see this at least tabled until the 31st when we, I can have a better sense of what the community wants. I say at the beginning that I’m sitting here serving them, not only expressing my opinions, but their opinions but my job here it so make sure that votes taken here are their votes not my votes. So, that is the only reason if you are going ahead to vote in favor tonight. I will abstain in that way I will express, I will go either way because I didn’t have the sense of what my constituents want.”
Councilman Leger: “ The only thing I want to add on this resolution, is, a couple of things actually, as far as the Mayor said as far as checks and balances. I do think that we should have checks and balances on any appointment so, if that means the judge, the Probate Judge, the Municipal Court Judge, that the Council approves as well as the Finance Director, Fire Chief, Police Chief the City Solicitor that the Mayor appoints that the City Council currently doesn’t have a check and balances on, but I’m voting on this issue, if we want to introduce legislation for the Council to have approval on those and the Mayor to have input on the other ones that’s an issue we can discuss further, but right now, as far as the Housing Authority, I don’t think that it’s a bad thing to have more input as opposed to less. As far as using Providence as an example saying they have eleven members, one of five is a lot more powerful than one of eleven. It’s even more important that we have more input on one of five that one of eleven. And, if another town doesn’t do something does that necessarily make it right? I don’t think it does. As far as my vote on this I don’t think in this whole process on this Council floor I’ve ever said anything on the matter that took place that I personally attacked Mr. Briden on. I disagreed with the process but I didn’t say anything about the individual and I’m voting on the principal of this, not the individual. And the last thing is, if all this is a Resolution requesting the General Assembly to consider this. If they feel it’s not a good thing, then they can vote against it or they can not even introduce it at all, And Rep. Faria, Rep. Moran and Senator Issa, also represent the members of the Housing Authority and if people have a concern with that they can call them, write to them, address it with them as well and they can take that into consideration when it comes before them at the State House, But I think delaying it any further is a mistake. Seeing the process, the time of the year that we’re in, the Assembly heading into their budget process, I just don’t want to see us fall through the cracks and then it gets pushed of forever.
Councilman Noury: “ Let me just quickly address the last issue that you addressed. There are rules that the General Assembly has to follow and those rules include that introduction of new legislation must be introduced before a certain deadline. I think that deadline for general legislation has already passed. But, they do make exceptions when it comes to a particular issue that just deals with a single town or City that they will allow that to go through but even that has a deadline. So, I’m concerned with that deadline. As far as the issue itself, let’s make no doubt about this. That this is indeed a matter of checks and balances. I totally disagree with Mayor Matthews said tonight. This is not about one particular individual. As a matter of fact, if you know anything about the law, you can’t have a law go backwards and be effective to somebody else. Mr. Briden is already there for a term of appointment. So, in no way does this affect Mr. Briden. But, maybe, because of some of the actions of Mr. Briden, has caused this to be introduced. What this does in the democratic process Mr. President, It prevents an administration from abusing its privilege of appointment. It prevents that from happening. It provides an element; it provides the checks and balances that I believe that we should have. It prevents the administration from appointing someone that doesn’t have the best interest of the people of Central Falls. But has, what I believe has occurred, what’s occurred, over at the Housing Authority has been in the best interest of Mayor Matthews political career. That’s all it was folks. It’s caused some problems. It’s caused some headaches. There’s litigation going on. And then I read, the other day, that the Housing Authority is moving forward to fill the position at the Federal Judge’s suggestion that if they do, they risk this at their own peril. I believe that the actions that they’re taking to fill this position is careless in nature. I sand by all my statements there is nothing untruthful in what I said there is nothing misleading. What occurred over at that Housing Authority was nothing more than bare fisted, hard knuckles in your face, straight forward politics. Now, it was mean-spirited politics. I feel regarding how Mrs. Burns was treated but that’s what it is. But you know what folks? I’ve been around politics for twenty-eight years now, that how long ago I first got elected in this town. I can accept that, but, what’s really unacceptable is the total disingenuous of Mr. Matthews and Mr. Briden when they’re trying to tell the people of Central Falls that they’re acting from an honorable position. That they were concerned about the other thirty-nine applicants. In the entire initial reaction by Mayor Matthews in the entire fire article, there is never a mention those other individuals. Why? Because it became an afterthought. It was something that they thought of after in an attempt to hang their hat on. But what really makes the case here, because I really believe that Mr. Kelly’s civil right have been violated, and this is unbeknown to the public, before right now. If, the Housing Authority, does not believe that they committed any violations, If you try to believe Mr. Matthews, Why is it, Mr. President, that the Central Falls Housing Authority has already offered, not one, not one, but two cash settlement offers to Mr. Jon Kelly. Already been done. It’s a fact. Let me say this, as a testament to Mr. Kelly, what the Housing Authority did, Mr. President, they offered him a cash settlement, it was rejected, they came back and offered him an even higher amount, it was rejected. But my understanding is, it wasn’t rejected because it wasn’t enough money, that was not the intent of Mr. Kelly, it was rejected because the Housing Authority proposed the settlement records be sealed in court. So that the ultimate payers of this, the taxpayers, would not know what happened, what the settlement was and how it occurred. If they are so innocent and if they acted, why have they made two cash offer settlements to Mr. Kelly? I submit that with all do respect, Mr. President, I believe amending the State Law is good legislation. It brings into effect checks and balances and I believe it probably wouldn’t have been required and I probably wouldn’t have introduced this action, Mr. President, if there wasn’t an abuse of that appointment privilege by the administration. Thank you Mr. President for the time.
Motion to amend as follows was made by Councilman Noury and seconded by Councilman Patino.
“As well as, that Commission members of the City Authority of the City of Central Falls must be residents of the City of Central Falls during the term of their appointment. All Agreed. So Voted.
Motion to approve as amended was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
n) Resolution in support of the transfer of property located at 1420 Broad St. (per request of the Mayor).
Motion to table was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
o) Resolution to go out to bid for an independent study of the cost effectiveness of private collection of rubbish versus public collection in the City of Central Falls. (Introduced by Councilman Leger)
Motion to approve was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted.
16. Central Falls Landing
This issue to be addressed on March 31, 2003.
17. Ordinances
First Passage
a) An Ordinance Amending Section 4-4 of the Revised Ordinances entitled “Maximum Number of Licenses fixed.”
Motion to approve was made by Councilman Patino and seconded by Councilman Noury.
Councilman Noury stated that in voting for first passage on this issue does not mean that he will approve this for final passage. He is approving for first passage to move the process along. He also asked that final passage of this ordinance as well as item (b) not be scheduled for the March 31st meeting.
| Councilman Patino | yes |
| Councilman Noury | yes |
| Councilman Leger | yes |
Motion carried 3 yes 0 no 2 absent.
b) An Ordinance creating Class B-M (Brewpub Manufacturer) Retail License.
Motion to approve was made by Councilman Patino and seconded by Councilman Noury.
| Councilman Patino | yes |
| Councilman Noury | yes |
| Councilman Leger | yes |
Motion carried 3 yes 0 no 2 absent.
18. Unfinished Business
A) Hearing for Tropicana Club-Closed by State Fire Marshall
B) Update on Lap Top Computers - Councilman Patino stated that the RI Foundation is hesitant to small band aid projects in business. He stated that there may be other long term solutions to this project.
Council President Leger stated that the Council could take this up in the budget request for next year.
19. New Business
Council President Leger and Councilman Patino announced Community meeting to be held on March 19th and 27th.
Addendum
Resolution
Resolution Regarding Firearms Permit Legislation (request of Chief Wilson)
Motion to approve was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So voted.
20. Adjourn
Motion to adjourn was made by Councilman Noury and seconded by Councilman Patino. All Agreed. So Voted. Time 9:27 p.m.
______________________________________
Elizabeth A. Crowley, CMC
City Clerk