April 9, 2007 - City Council Meeting

 

City of Central Falls

City Council Meeting

City Hall Council Chambers

2nd Floor, City Hall

580 Broad Street

Central Falls, Rhode Island

 

Web Address: www.centralfallsri.us

Monday, April 9, 2007

At 6:45

 

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

 

Councilor Patino

Councilor Aubin

Councilor De La Hoz

Councilor Benson

 

Quorum Present.

 

2.   Pledge of Allegiance

 

City Council President Benson presided and led the Assembly in the Pledge of Allegiance.

           

3.   CONSENT AGENDA

 

A)  Correspondences

 

1.   State of the Judiciary 2006

2.   Town of E. Greenwich Resolutions:

(i)   regarding education funding to be transferred with student.

(ii)  regarding legislation entitled school housing project costs.

 

3.   Town of Burrillville Resolutions:

i)    amendments to legislation regarding  criminal records check.

ii)   amendments to legislation property held by Police departments.

iii)   an act related to elimination of MTBE in gasoline.

iv)  opposition to the privatization of food and housekeeping services.

 

4.   Town of Portsmouth Resolutions:

i)    school housing projects

ii)   group home educational funding.

 

5.   Town of Hopkinton Resolutions:

i)    school housing projects costs

ii)   group home educational funding.

 

6.   Colonel Moran re: March 31st snowstorm.

 

7.   City of Pawtucket Resolution related to the Menhaden area.

 

8.   USDA 2006 Annual Report.

 

9.   Town of Barrington Resolution supporting public financing of elections.

 

10. Thomas Lazieh RIDEM re: Reappointment to the NBC Board of Commissioners

 

11. Town of Jamestown Resolution related to the non-renewal of Insurance for coastal properties.

 

B)  City Officers' Reports

 

a)   Expenditure Report ending 3/31/07

 

b)   City Clerk report March

 

c)   Recreation Department

 

d)   Municipal Court

 

C)  Resolutions

 

i)    Condolences to the family of the late Gerard R. Camire (Council President Benson)

ii)   Condolences to the family of the late William Campbell Sr. (Councilor DeLaHoz)

iii)   Condolences to the family of the late Rita Lizotte (Council President Benson)

iv)  Congratulations & Best Wishes to Everett Collins on attaining his arrow of light (Councilor Aubin)

v)   Congratulations & Best Wishes Dante Annoti on attaining his Parvuli Dei Emblem (Councilor Aubin)

vi)  Congratulations & Best Wishes Josh Zenil on attaining his Parvuli Dei Emblem (Councilor Aubin)

vii)  Congratulations & Best Wishes Spencer Millar on attaining his Parvuli Dei Emblem (Councilor Aubin)

viii) Congratulations to the Central Falls Lady Warriors on an outstanding basketball season (Councilor DeLaHoz)

ix)  Condolences to the Family of the late Maria Contreras (Entire Council)

 

Motion to accept collectively and place on file was made by Councilor Patino and seconded by Councilors Aubin and De La Hoz. All Agreed. So Voted.

 

Councilor De La Hoz congratulated and presented the Central Falls Lady Warriors with certificates of congratulations for an outstanding season.

 

4.  Petition

 

Sergio Chacon

Interest in purchasing City Property located adjacent to 768 Broad St.

 

Mr. Chacon gave a brief overview of his plans for the property located on Broad Street. He explained his need for the property and how this purchase would benefit the neighborhood.

Councilman Aubin questioned the applicant.

Councilman Patino stated that he wanted the same restrictions as applied to the Dexter Street property with a first option to buy clause.

Art Hanson, Planning Director stated that the lot would be merged with the present lot so that there could not be any future subdivision of the property.

John Kuzmiski stated that the proceeds of the sale of the property would be deposed in the City Property Fund as is standard practice for all such sales.

 

Motion to refer this request to the Legal Department was made by Councilor De La Hoz and seconded by Councilor Aubin.  All Agreed. So Voted.

 

5.   Discussion

 

Gene R. Noury Human Resource Director.

 

Council President Benson stated that Mr. Noury, Director of Human Resources has been requested to appear by Councilman Patino.

 

Councilman Patino “Thank –you for being here. I hope you are feeling better.

Mr. Noury “Thank –you.

 

Councilman Patino “Basically, I would like to have an explanation from you about how the whole situation we have the federal government that sys we have to be an equal opportunity employer.  But I would like to see how you deal with it and how you refer them and how you explain the numbers. As everyone knows in the City the City’s latest census figures 51.5 % of the population of the City is Latino. Everyone knows it’s more than 51% but it’s not reflected in the workforce of the City and that distresses me. So how first of all I’m going to ask you how do you comply with the affirmative action?

What is affirmative action and how do you report to the federal government?

 

Mr. Noury, “Mr. Chairman, with all due respect, I was asked to appear before the Council at your request.

 

Councilman Patino “Yes, Sir.”

 

Mr. Noury “ in that request, nothing was mentioned to me what information you or any of the Council was looking for. Whatever information that you are looking for I would be glad to provide you if you give me some sense of direction on what I would be able to provide you folks. But you come in here now and ask me to respond to a certain area of Human Resources without me having a previous knowledge of it. I don’t think it’s professional courtesy

While whatever information you are looking for Mr. Patino I will be glad to come back and provide that for you. Now let me touch upon your first statement about 51.5% minority and does the workforce reflect that. I can answer that by simply stating that you have long term employees here who have been employed 20 years, 25 years close to 35 years like the City Clerk.

City Clerk Crowley responded 40 year.

Mr. Noury, “ I beg your pardon almost 40 year. There is an attrition process. We just can’t go out and fire people who have been working for the City for 35 years and 30 years. Will the numbers slowly reflect the population that out there?”

Yes, but doesn’t happen overnight. We can’t fire anyone that’s in place and replace them with others.

 

Councilman Patino responded.

 

Mr. Noury “ You said that the population is 51% and the workforce doesn’t reflect that. That was your statement sire.”

 

Councilman Patino- Basically, the question is how many people we hired in the last 3 years in the City of Central Falls?”

 

Mr. Noury “I don’t know that off the top of my head, but I’d be glad to provide that for you. I’m not going to guest-a-mate because that would be unprofessional.”

 

Councilman Patino “OK, tonight what we can do is ask the questions and you can come back next month with the answers. So you’ll have the entire month to fine the answers.

First :Affirmative Action.

Second: How man people we employed over the past 3 years and how many of those are minorities? How many of those are City residents? Are you writing Mr. Noury?

 

Mr. Noury “ No, I’m listening intently, Mr. Patino, but I think it would be more productive that all the questions you have, if you would put them in writing, then there would be no misunderstanding on what you are looking for and what I could respond to.

 

Councilman Patino“ Mr. Noury I’m asking these questions live. You can watch the tape tomorrow and take your notes from that. Other Council members may have other questions and those questions should also be answered by you too.

 

Mr. Noury “I’d be glad to come back and respond to any questions you have.

Councilman Patino “OK , so basically, that’s it. How do you report to the federal government on affirmative action.

 

Mr. Noury “How do we report to the federal government? OK

 

Councilman Patino “yes,. What do we have to do in order to work for the City? What is the process you have in order to hire someone?

 

Mr. Noury “That’s an easy one we’ve tried to hire the best and the brightest. In every position. But I’ll answer that question.”

 

Councilman Patino “Does the Community know about the job? How do you distribute the information regarding the job other that the Pawtucket Times?”

 

Mr. Noury “We follow the City Ordinances.”

 

Councilman Patino “But how?”

 

Mr. Noury “ The ordinances call for state wide publication of positions.

 

Councilman Patino “all right why don’t we do something better?”

 

Councilor De La Hoz “ If I could interject here for a minute?”

 

Council President Benson “ You should address the Chair.”

 

Councilor De La Hoz “ I’m sorry Mr. President, I think Councilor Patino wants his concerns answered.  Again, Mr. Noury said that at the time he was called to be here he was not sure of what specific information was going to be required of him, Now, we’re going back and forth and now we’re actually getting into the subject when we already said that we were not going to do that. Whatever questions the Council want answered or Councilor Patino wants answered we provide them to Mr. Noury or he can listen to the tape.

And Mr. Patino stated any information you want and then you get exact figures and numbers and procedures. But if we are going to sit here and expect an answer tonight we’ve already decided that’s not going to happen.

 

Council President Benson, “Exactly, thank you Councilor De La Hoz.

Madam clerk do you have a list of Councilman Patino’s request.

 

Clerk Crowley “ I have some of them.”

 

Council President Benson “It would be more professional to get a Memo to the Director.”

 

Councilman Patino “I have another question, about two years ago I asked about job descriptions on all jobs.

 

Mr. Noury “ We have them sir.”

 

Councilman Patino “OK it would be nice to have those.”

 

Councilor DeLaHoz “the proper way to do that is to sit down and have a discussion and then give the administration the opportunity to provide the information. Not in this type of forum that I’m seeing here.”

 

Council President Benson “there’s no time to prepare I think you’re correct.” The Clerk will get the memo to Mr. Noury and Mr. Noury will respond in kind.

 

Councilman Patino “that would be wonderful.”

 

6.   Public Input

 

G. Rosa of 495 Pine St. stated that she is confused about the valuation. She stated that her property increased by $50,000 last year and this year about $100,000. She said this is too much of an increase in one year. She wanted to know what the percentage is.

 

Councilor Patino stated that the City Assessor Mr. Brown is present and perhaps could answer the question.

 

Mr. Brown the City Assessor stated that there are two issues, one is the property value, which is represented by an increase, and the taxpayer can set up an appointment and come to the City Hall for a hearing.  But that the second issue is the tax rate which is set by the City Council. He stated that it’s not uncommon for 3 family houses to appreciate considerably in a year. He stressed that is the reason for the assessment hearings. He also stated that the valuations are set for property as of December 30, 2006 and does not reflect the 2007 market. He said that this has been a year in flux in the market place and it truly depends on the house and the location of the house.

He explained the appeal process after the tax bill has been made sent to the taxpayer. He said the taxpayer appeals to the Assessor then to the Board of Appeals and if still not satisfied then to Superior Court.

 

Councilor Aubin asked if this has been in the press.

Mr. Brown stated that the hearings have been advertised and it was also in the assessment notice. The period for the hearings was March 21st through April 10th including Saturday. He warned that people should not use the current tax rate when figuring their tax liability as the City Council has yet to set the tax rate which will only come after the finalizing of the Budget.

He stated that the Company doing the values is Appraisal Resource and that they have extended the hearing dates to April 18th.

 

7.   Mayor's Comments

 

none

 

8.   Mayor's Appointment

 

Library Trustee

Kristen Butler

116 Sacred Heart Avenue

Unexpired term of Eunice DeLaHoz

 

Motion to table was made by Councilor Aubin and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

9.   Abatements

 

Wayne D. Brown City Assessor (see list)

Mr. Brown explained that all the taxes on the Carties Bldg were paid and that Senate Bill 3090 which was approved in July 06 was for the Learning Center’s

portion of the tax bill which began in September of 2006.

Motion to approve was made by Councilor Aubin and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

10.  Licenses

 

Retail Sales (new)

 

A)  Victor M. Reyes

d/b/a Libreria Cristiana “Vision”

578 Dexter St.

 

Motion to approve was made by Councilor Patino and seconded by Councilor Aubin.  All Agreed. So Voted.

 

B)  Carolina Torres

d/b/a Cellular  Express

870 Dexter St.

 

Motion to approve was made by Councilor Patino and seconded by Councilor DeLaHoz.  All Agreed. So Voted.

 

C)  Class C License (variety)

Waase & Moosa LLC

d/b/a Khout

1051 Lonsdale Ave.

 

Councilor Patino asked Colonel Moran’s opinion about 24 hours.

Colonel Moran stated that he is against 24 hour operation because it requires more Police to protect all night business operations.

Council President Benson turned the chair to Council President Pro-Tempore Patino.

Motion to approve to midnight was made by Councilor Benson and seconded by Councilor Aubin.  All Agreed. So Voted.

President Pro Tempore Patino returned the chair to Council President Benson.

 

Colonel Moran thanked the City Council for their support on the recent fatal shooting of a suspect by CFPD on Rand Street.

 

PI License (renewal)

 

Rudolph Legenza

d/b/a B & R Agency

7 Tiffany St.

 

Motion to approve was made by Councilor Patino and seconded by Councilor Aubin.  All Agreed. So Voted.

 

Permits

 

Holy Spirit Catholic Community

Springtime Festival

May 18th & 19, 2007

 

VFW Post 1271

416 Hunt St.

Carnival

May 2nd-May 6th

 

Motion to approve collectively was made by Councilor Patino and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

11.  Claims

A)  Josephine Riendeau by her Attorney dOliveira & Associates for injuries sustained in an auto accident.

B)  Marie Balestra by her Attorney Manuel Andrews for injuries sustained in a falls on the premises of the Calcutt Middle School.

Motion to refer to claims committee collectively was made by Councilor Aubin and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

12.  Resolutions

 

a)      Resolution of the City Council of the City of Central Falls for Mayor Charles D. Moreau to file Rhode Island Small Cities Community Development Block Grant Program and the Small Cities Entitlement Program Applications for Fiscal Year 2007. (at the request of the Planning Department & Mayor Moreau)

 

Arthur Hanson, Planning Director gave the Council a brief overview of the grant application and explained the Small Cities Entitlement of $400,000 and the competitive part of the grant in the amount of $300,000. He stated that there were many applicants for these funds.

Motion to approve was made by Councilor Patino and seconded by Councilor Aubin.  All Agreed. So Voted.

 

b)      Resolution of the Central Falls City Council opposing a proposal by Senator Daniel Issa to have the City of Central Falls contribute ONE MILLION DOLLARS ($1,000,000.00) to the operation of the Central Falls Public Schools.

 

Council President Benson asked the Clerk to read a correspondence from Senator Issa.  Motion to accept the correspondence and place on file was made by Councilor Aubin and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

Finance Director John Kuzmiski stated he would like the opportunity to clear-up some misinformation about the City’s funding of the School. He stated in the strongest possible way that objects to the notion that the City does not contribute to the Schools. He then gave a brief overview of the funding by the City toward the Schools. He also stated that the City has a contract that was signed by the Governor on April 8, 1991 that took over the funding of the school department. He prefaced his remarks by stating that the City’s budget at that time was 10 million dollars and that after 16 years has increased to 17 million which the school’s budget has increased to 43 million which is a 410% increase since that time.

He commented that the City issued bonds that are school related in 1994-10 million in 1999 -12 million. He spoke on the tax levy and how the City has the highest rate in the state supported by residents with the lowest incomes in the State. He commented on the negative net assets of the City and how these affect the City’s Bond rating.

He thanked the Council for their attention to this matter.

 

Councilor De La Hoz suggested that the Mayor and Senator Issa should have the opportunity to come before the City Council to comment on this issue.

 

Council President Benson recessed the meeting at 8:10 p.m.

Meeting reconvened at 8:20 p.m.

 

Councilor Patino requested that Senator Issa and the Mayor come together to comment before any action be taken on this Resolution.

Motion to table was made by Councilor Patino and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

c)   Resolution approving a proposed Charter Amendment and placement by the Secretary of State on the November Ballot increasing the term of City Council Members from 2 years to four years. (Introduced by Council President Benson)

 

Motion to approve was made by Councilor De La Hoz and seconded by Councilor Aubin.  All Agreed. So Voted.

 

c)      Resolution in Recognition of Municipal Clerk Week April 29th through May 5, 2007. (Introduced by Council President Benson)

 

Motion to approve was made by Councilor Aubin and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

e)   Resolution in Honor of Armenian Americans. (Introduced by Council President Benson)

 

Motion to approve was made by Councilor Patino and seconded by Councilor Aubin. All Agreed. So Voted.

 

f)        Resolution in Support of Legislation prohibiting the discharge of paintball guns within city limits. (Introduced by Council President Benson)

 

President Benson turned the Chair to Councilor Patino.

Motion to approve was made by Councilor Benson and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

g)   Resolution opposing any legislation changing the Official Name of the State of Rhode Island and Providence Plantations. (Introduced by Council President Benson.)

 

Motion to approve was made by Councilor Aubin and seconded by Councilor De La Hoz. Motion carried 3 yes 1 no (Councilor Patino voting no).

 

13.  Ordinances

 

Introductions

 

An Ordinance Amending Section 32-32 of the Revised Ordinances entitled “Collection of Refuse at Commercial Establishments. (Introduced by Council President Benson)”

So Introduced.

 

An Ordinance Amending Section 32-31 of the revised Ordinances entitled “Household Refuse Collection.” (Introduced by Councilman Benson.

So introduced.

 

First Passage

 

An Ordinance authorizing the CFFD to require in-building radio amplification to achieve effective Fire Department radio communications throughout protected premises. (Council President Benson)

 

Motion to approve was made by Councilor Patino and seconded by Councilor Aubin.  All Agreed. So Voted.

 

An Ordinance requiring that entrances to establishments holding a Liquor License be closed at all times. (Introduced by Councilman Aubin)

 

Motion to approve was made by Councilor Patino and seconded by Councilor De La Hoz.  All Agreed. So Voted.

 

14.  Old Business

 

none

 

15.  New Business

 

none

 

16.  Adjourn

 

Meeting adjourned at 830 by motion of Councilor Aubin. All Agreed.

 

 

Elizabeth A. Crowley, MMC

City Clerk

 

Interpreters for the Hearing Impaired Available upon request made at the Office of the City Clerk 72 Hours prior to meeting.  This Notice posted in City Hall and Library and on www.centralfallsri.us website.

April 9, 2007 - City Council Meeting
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