6.24.2025 Fall River City Council

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here. Hart here. Kilby here. Pereira here. Ponti here. Reposo here. And councelor tip here. President.

Pursuant to the open meeting law, any person may make an audio or video recording of this public meeting or may transmit this meeting through any medium. Attendees are therefore advised that such recordings or transmissions are being made whether perceived or unproceived and are deemed acknowledged and permissible. Motion of the public hearing. Second.

Item one, curb removal mark 166 Wilson Road for removal of curving. Curbing as follows. Uh there's a 17 foot existing opening. Curbing to be removed is 16.

The combined opening proposed is 33 feet.

The applicant um existing parcel is 17 ft. The applicant proposes to extend it.

The total opening is 33. Are there any proponents?

Any opponents?

Seeing none. Motion to take items 2 to 27 together. Seconded. All in favor? I.

Items 2 to 27 are involving fiber optic cable. Are there any proponents here?

If you could just state your name.

Thank you.

Hi, I'm Todd Corkin with Tilson Technologies.

No questions. Anyone have any questions?

Councelor Posa, sir, can you just give us an overview of what the project's looking to accomplish? Sure. Um, I'm here to represent both Intrepid and Tilson. Uh, Intrepid is an is a uh fiber to the prem company that builds open access networks. So, they build the fiber infrastructure and allows all ISPs or any ISP to utilize that network. So, you build it once and you don't need to touch it again. and other ISPs can

manage the the services to the homes uh with competitive pricing. Okay. And these are going to be on the polls themselves, not underground stuff.

Right. There will be both both aerial and underground where where there is no aerial. Got it. Thank you, madame vice president. I yield. Thank you. Thank you sir.

All set. That's it. Thank you. Any opponents?

Hearing none. Item number 28, underground conduit BIF IV Intrepid um fiber network located new buried cabling conduit and structure including the necessary substaining and protecting fix fixtures along and across the following Pine Street beginning at Roberson Street ending in C at Seabberry Street installing one OOLT cabinet and a 4x4 concrete pad within Rugles park directly across from Pine Street. Fiber optic

cable below grade structure and underground conduit beginning at the proposed intrepid 30x 48x 36 manhole and ending at the existing national grid utility pole number one. the route indicates which includes 528 feet of open trench excavation with 4 uh.75 HDP conduit in accordance with the drawings.

Um there's a restriction to install equipment or lines within the right of way only. Are there any proponents here for this?

Yes. For the cabinet. Yes.

Um through you, madam vice president. Is did this require uh approval from the park board since it's in the and you've received that already? We've received approval from the rec recreation. Okay.

Thank you. I yield.

Council Deion. Yeah. It says that everything will be installed in the rightway. So you have right away in the park as well or you just needed the approval? We received an easement approval for for the location of that OOLT cabinet. Okay. Thank you. I yield.

Anyone else? Thank you, sir. Are there any opponents?

Motion to close the public hearing.

Motion to close the public hearings. Is there a second? Second. All in favor? I.

Thank you. Six o'clock. We're ahead of schedule.

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the clerk call the role. Councelors Kadim here. Dion here, Hart here, Kilby here, Ponti here, Proposo here, Tiff, President Camar, and Vice President Pereira here.

Pursuant to the open meeting law, any person can make an audio or video recording of this public meeting or may transmit the meeting through any medium.

Attendees are therefore advised that such recordings and transmissions are being made whether perceived or unpersceived by those present and deemed acknowledged and permissible. Citizen input. Wait for a moment of silence. Anyone sign up?

Michael on the city charter. Hi Mr. Canuel.

Good evening, council vice president and members of the council. My name is Michael Canuel, and I'm here tonight as a resident who believes in good government accountability and following the rules we've set for ourselves. I'd like to raise a concern about a section of the city charter that appears to have been overlooked. Chapter C, Article 9, Section 9-15, which requires a review of all city boards and

commissions every 10 years.

Specifically, in years ending in a four, the charter directs the mayor and city council to appoint a special five member committee to examine whether each board or commission is still needed, still effective, and still serving the public interest.

That means the last review should have been initiated in 2024 with a final report due by April 1 of this year. As far as I can tell, and according to both the principal clerk of the city council office and the law department, Attorney FETP, who I inquired with, no such committee was ever formed and no review or report has been filed. That means the city is currently out of compliance with the charter.

Now, I fully understand that this provision is relatively new, part of the updated charter that voters approved in 2017, and it may not yet be fully woven into the city's routine processes. But this particular requirement matters.

These reviews were written into the charter by design to make sure our boards and commissions are still effective, not overlapping in their duties, wasting resources, or no longer needed. The charter also tells us what to do when provisions like this are missed. Under chapter C, article 9, section 9-14, it is the duty of the mayor to ensure that the charter is followed. And if the city council

believes the mayor is not complying, the charter says the council must act by passing a formal resolution to call attention to the issue and urge correction. This creates a shared responsibility between the administration and the council to uphold the rules of the people of Fall River voted for the charter. So tonight I raised this not to assign blame but to encourage action. The people of Fall

River approved this charter because they want more transparency, accountability, and efficiency in city government. That only works if we treat these deadlines and responsibilities as more than suggestions. To help make the to help move this conversation forward, I've also taken the liberty of drafting a sample resolution in the council's usual format. I'll be submitting it to the clerk, not as a directive, but as a

helpful tool the council may consider using or adapting to address this issue.

It's not too late to fix this. The council can still move to form the committee, request the report, and bring the city into compliance. And I respectfully urge you to do so. Thank you for your time, your attention, and your service. Thank you, Mr. Canuel.

Thank you.

Council Pont. Yeah. Thank you. Um I I appreciate that um Mr. Canuel, for your diligence when it comes to this. Um it's true, Madame Clerk, uh the comments that were made that this obviously didn't happen uh in the timeline that it was it was required to do so. So I I would implore my colleagues um to certainly consider uh adopting such um resolution.

Um I will be happy to review it, Madame Clerk, that is there and I'd be happy to uh be a member of filing that resolution at our next council meeting to introduce it to our colleagues and do what necessarily needs to be done. Um, but I appreciate your your diligence. Um, nobody here in government, whether it's the mayor or the city council's perfect and we need people like you to continue

to hold government accountable to make sure we do these things. So, um, certainly something I missed. I I'll take accept responsibility for it, but you found it. Let's try to make it better and, uh, try to improve. So, I appreciate that. I yield council problem. Thank you.

Thank you.

Thank you.

Item number three, transfers and appropriations. You have a hand here.

Still not. Linda, Madam Vice President, you have council in seat two wants to speak. Oh, I'm sorry. That's okay. I've been ignored before. Go ahead, councelor. Can um can can we just make that motion on the floor tonight to uh do a resolution asking the mayor to follow the charter and and that we accomplish that goal? Sure, we can we can take a recess if you want to do that. Council Kadim, I'd also amend the

motion to uh also highlight the other violations of the CHATA, which include um appropriation orders and then also uh contracts not coming down before us as well.

I would second that. Thank you. Well, we can take a recess before the end of the meeting. Yep. I just feel if we're going to highlight one of the pieces of the charter that hasn't been followed, we might as well highlight them all. So, let's just all put them together. One motion. With that, I yield. Okay. Thank you. Um, transfers and appropriations.

the sum of 2 million B and the same hereby transferred from the employee health trust fund to the FY24 surplus budget.

No one has any questions on that? Yes, excuse me. Go ahead. Um I have one question to ask um Emily. Yeah.

I don't I don't think the transfer is an issue. My question is um so on finance we have this paper which is two-sided on the one side dated June 10th it says the general fund free cash is 6,716,44 reduced by 2 a million brings us to 4.7 and if you flip the page over also dated June 10th the general fund free cash is only 5,716 16,44 which reduces it to 3.7 million. So why

what is the discrepancy and why? So when the original um I'm going to say document was sent down that shows how much is in free cash. It was sent down at the same time. So this healthcare trust fund was sent down after the solid waste um transfer from free cash had been sent down before it was rejected.

So that amount was factored in at the same time. And so then we sent down an updated one the other day since that one wasn't approved and that's why it's back up to the six. Okay. So I'm I'm still a little bit confused. So if if the trash transfer is is figuring into this that's later in the agenda. So why wouldn't this just reflect the employer's health trust fund and then when we get to the

transfer for trash it would be reflected at that time in a similar manner. It is, but the the problem is is that this trash transfer is being submitted twice.

So, it's coming up again, but we had submitted it a meeting the previous meeting. Um, so it was submitted before this one. It's it was a different amount. Remember, you rejected the first one, the first transfer request that came down for solid waste. It was rejected, but at that same time, that was still pending when the first when this health insurance was sent down originally. So, it was factored in at

that point because they were sent down at the same time previously. So then after that was rejected, we updated it to reflect the 6 million. And then you'll see that um the other orders that are before you tonight with free cash are working down from this $4 million number.

It's just a weird timing thing. It's 6 million today. If nothing's approved tonight, you know, as of as stands, we're at 6 million 6.7 million left in free cash. And if both were approved, it would actually be reduced by another hundred,000 because it's 1.1 million.

Correct. Correct. So that final number is still incorrect on this paper. On this paper, correct. But if you look at the other ones tonight, it's it'll be back in line. So the 6 point the $6 million one is the one you should look at. That one is correct. Okay. Thank you. That I yield.

Anyone else?

Motion to refer to full counsel.

There's a motion to refer to full counsel. There a second. Second. All in favor? I.

That's it.

Madam clerk, no other transfers.

This is the city council meeting.

What?

Waiting for Linda to introduce the item.

Thank you.

that the sum of 1.1 million and the same hereby transferred from community maintenance expenses from the FY24 surplus revenue and 3 million the sum of 3 million being the same hereby transfer to the general stable fund stabilization fund for FY24 revenue. Anyone have any questions on that? Council Dion.

So, um, we're doing both at the same time or we're doing one at a time. We can do one at a time. All right. I just want to address the transfer for trash and I am going to say that I am not going to support that tonight and I will tell you all my reasons why.

Number one, um, I've been the time all the time I've been on this council, we have been put in this position over and over and over again. always with our backs against the wall. This is the last meeting for FY25.

Um, we have to make this transfer before the new budget uh in in the new fiscal year rather, I'm sorry, for FY26.

Um, we had no heads up, no notification.

We weren't involved in any process and it's yep, your backs are against the wall again. You have to vote yes because if not, we can't fund it. Well, you knew that when you did it. you knew you were deficit spending. It's illegal to deficit spend. The only deficit spending that can happen is snow removal.

Um, so that's all a huge problem.

Also, I know this isn't going to be popular with all people. However, we talk about increasing either increasing revenue or saving money. In the state of Massachusetts, five family units and up are considered commercial property.

In recent years, we've had many, many people from outside the city of Fall River who have come in and purchased I don't know what percentage of six families, but I know it's a very high percentage because that's what's driven the rents to be to be as high as they are now, which has caused many problems. I had said in the past that I thought six families that were not family uh owner

occupied, we should not be picking up their trash. We should be treating them like commercial properties because obviously if I live in a single family and I have a multif family, I'm keeping that multif family for income.

Um I have a print out from when councelor Pereira and myself were on the trash task force.

There are over 450 six six family units in the city of Fall River.

1,428 trash carts, 1,113 recycle carts.

That translates into a significant significant amount of money. We saved approximately $150,000 a year just stopping 200 um businesses from being picked up. And at the time we were told, well, you saved that money, but you only saved it on disposal, not on collection.

Well, we just negotiated with Easy to pay them $3.8 million more, and that figure is based on collection and disposal. So maybe if we had been proactive and done something like this first, we could have saved the taxpayers money. We wouldn't be having to do a $1.1 million uh dollar transfer and then two $200,000 transfers to cover the $1.5 million necessary.

Um we're always talking about plans.

We're always talking about we're going to do something, but we're never proactive. We never do anything. And we've had years. We've had years. I said during budget hearings, the trash task force voted unanimously to put out an RFP to see who would respond what the dollar would amount would be. Could we save? How could we save? Did we do that?

No. No. It's easier just to do whatever.

Bring it to the council. Council say, "Yep, yep. I get it. we have to because our backs are against the wall again.

Never a consequence. Never a consequence. So it never ends. And for those reasons, I will not support these transfers tonight. And with that, I yield.

Anyone else? Council Pont. Thank you, Madame Vice President. Um, so I I I recall our meeting that we had with attorney Thomas who came down here and spoke about this. Um, you know, I I did ask at that meeting that, you know, we we get some further clarification of really what went happen what happened in the back room or in the mayor's office in terms of what happened in terms of

should it come down to the council or not come down to the council. Um, I'm not sure who was advocating for the council to approve such transfer and who wasn't. Um, none of us were there, I don't believe. Uh but to my colleague in C2's point, she's she's she's spot on um with with her position, which I agree with when it comes to the responsibility that we have as a council to make sure

that we are getting the proper respect and dignity that we need as elected officials. um executing a contract with a trash company in the middle of a 10-year contract, which happens to be up next year um not notifying us really about the process and then throwing it to us now saying, "Councilors, if you don't do this, we're going to deficit spend is grossly irresponsible on behalf

of the administration." Now, I realize that there was a change in administration, the city administrator.

There was an old CFO. Now, there's a new interim CFO. And I know that everybody's trying their best to clean up the books and do the right thing. But we still have active government officials. We still have department heads. And for us to just sit here and say yes to something because we have to, that's not it's easy to do, but it's really right.

Really, I'm not sure if it's the right thing to do right now. Um, I I made my points pretty clear to the mayor in budget meetings with you. Um, and I I I I I was direct when I said the contract is up next year. Why do we have to do this right now? And the answer I got was they were going to stop picking up the trash. And that would have been an even

larger problem. But I just don't feel as a council that it is the right thing to do right now because it wasn't the processes weren't followed. And I don't know if this is the legislative branch sending a message to the executive branch that we're tired of this nonsense or if it's just the right thing that we have a contract that has no consideration and in my opinion is not valid. Right. A

counselor in seat four is an attorney.

Not asking him necessarily to speak on this, but it you don't need to be an attorney for anybody to give any kind of an opinion that a contract is not fully in force without consideration, which is money, which is a deposit, which is a funding source. Um, so what do that mean? What does that mean? I don't know.

But to my colleague in Cat 2's point, I want to end end this by saying we talked for about five years about picking up business trash. You finally pulled the band-aid off a couple years ago and stopped doing it. But it was after relentless, relentless pursuit from counselors to say, "Stop picking up business trash that was done." That could have been hundreds of thousands of dollars that could have been saved

throughout the course of four or five fiscal years. Not your problem, but just speaking out loud. Commercial trash. Um, it's a it is a business. When you own a six family, um, I know I'm not sure what other municipalities do, but it is a business when you own a six family. It's a commercial real estate transaction where you have to put 25% down and unless you live there and it's your

primary residence, it is a business. Um, prior to pay as you throw, when pay as you throw is executed by uh, Mayor Flanigan, all these six families ended up going private anyway and then they came back in and I I know that's what created the trash problem. Um, but just just to do this right now because we have to, I I really urge my colleagues to think about this. I I I I I urge you

to really think clearly about this contract being valid in the first place without money. And I don't we don't need to go backwards. When attorney Thomas was here trying to advocate and we're hearing attorney client privilege information, which I respect him greatly, but I'd like to know what what what happened, what's going on, and if is there anything that you can add to this that could try to help anybody

change their mind? I'm open to hearing it. Um, I don't know if I can help anybody change their mind at this point, but um, I I just for me I I understand um, in the administration, we've talked about this in length. Um, I was one who pushed to send this back down after it was rejected because, you know, I think we have heard the legislative body. I have heard you. Um, and I see where we

could have done better about, you know, notifying you sooner and we're working towards that. But in the meantime, this is a financial responsibility that we have to cover it. And and it's not about we don't have an ability to not pay the bills, especially because they've already been incurred at this point. So, we're going to have to cover this whether we cover it now with this transfer or whether we're covering it

next year with a transfer or whether the state is going to require us to cover it. So, regardless, we're going to be left covering the bill. And it saves us money by covering it with what we have today rather than having to deal with the deficit in the following year um with raising it through tax rate recap with you know having our free cash held for it. So it just causes more financial

implications than we already have being in this situation. And so from the finance point of view I I just urge you to do what's best financially in that sense and and deal with the legislative miscommunications in a not financial I hear you. So, you were in the room and what I want is cander. I want honesty. I want being somebody be direct with me on this process, right? Did you or anybody

say to the mayor that we have to send this down to the city council for approval? Absolutely. It was it was talked about the fact that it needed to go down to council, but I think the conversations that I was a part of with that being said was the financial side of it, right? It wasn't about the contract and then a notification and hold. It was about the money to cover the contract. And again, because the

contract changes included other things changes, we were pulling out commercial and I believe as part of that, some of the six families did come out. I'd have to confirm that because it's been a while, but I thought that part of it was pulling out the multifamilies that were over a certain amount at the same time.

So, in that conversation, there were supposed to be a savings to cover a decent amount of these changes that were taking place. And so it was just if we wait a little bit longer, we can know how much we actually need to cover this rather than pulling more in than we need and just looking at a base contract amount, we could be more thoughtful in the amount that's actually needed. And

so those were the kind of the conversations that I was a part of. And from the time that I took this position, every single council meeting that's come up, we've talked about where it was at and and if we were submitting at this meeting and if we had the information we needed to get the orders down, but the bill paying is so off track there that it it seemed like we were more fine than

we were. And when was the contract executed? I believe it was in October is what? October of Attorney Thomas had said of this fiscal year. So October of 24. Okay. And it's June.

So I guess I guess my question is what has been happening every month, month over month? Why saying we got to alert the council? We got to alert the council or was it just pushed aside? Did we forget? I I did mention it in the joint meeting in April. I it was talked about and when it was questioned, it was that a full presentation would come when the order came down for a request for money.

There would be a full presentation on what's happened and what's changed. So I know that I at least mentioned it in April. I don't know before then if it was talked about with you guys or or how it was put in front of you, but I know that I brought it up in April very specifically that the contract had changed and it went up $3 million and that was something that we were looking

at for fiscal year 26 and for the end of 25. I get that. But we don't provide orders, right? We don't we can't order anybody to do anything. We can just act on the orders that we received from the administration. So I I was just looking.

You really didn't tell me something that I didn't know already. Like I'm just I was I I know somebody was maybe pushing the mayor, but where where where do we go in terms of making sure this stuff doesn't happen again? You know, I I I want to hear, you know, facts in terms of like did you say to the mayor, did attorney Thomas tell the mayor it's you have to send an order down for the

council to make this contract valid?

There was not a conversation about sending it a an order down to make the contract valid. No, that was not the opinion. Was anybody in the mayor's office advocating for the mayor to send this down to the city council? Yeah.

Yes. And again, we've been talking about sending it down. Excuse me. Point of order. Council Pont, she is working as intram CFO and I don't think that she knows. She stated earlier she doesn't know anything about the contract and who was there and how that was all played.

So, I just don't want to have to put Emily in a situation where she doesn't she doesn't know. But I agree with you, Council Ponds. We should have been notified. So, were you in the meetings with the mayor when this was all going on? I was in some of the meetings in the overall trash analysis, but not in the specific contract change and execution.

You haven't won me over when it comes to wanting to say yes to this. There's no real ramification. There's no presentation. There's no nothing that tells me why we had to do this in the middle of a fiscal year with a contract that's up that that's up next year. They they're they're I mean I don't know if you can win other people's hearts and minds, but from my standpoint, I'd like

to see what happened in the middle of the year where we had to do this and maybe the presentation comes with having EZ come down here or or anybody from the trash companies come down here and say, um, I've notified the council or I've notified the mayor or I've notified individual counselors over the last couple years that we need to do this, but why all of a sudden in October of

2024, right, the year 2024, for that. We have to hurry up and do this now. So, I I think Attorney Thomas answered that the best he could when he was here, but I don't I don't know how much more I get that you you weren't there. Whatever it was you were or weren't doesn't really matter to me. It's not your job to communicate to the city council. So, um

but um I yield. I'm not going to be supporting this at this time. Okay.

Council Kilby. Yes. First answer council council Pon's question. Uh consideration could be based on love and affection. By the way, you're in real estate, you know that. A nominal consideration. I mean that as a little bit of a joke. Okay. Um secondly um what are the ramifications?

Council Pont mentioned ramifications. So I know what backs it to the wall again.

Uh June 30th, right? Is the is the implementation of the of the new um budget is the first July. So ramifications if you do not do the transfer, right? So at this point in time, um I will say that we we haven't overspent. We've we are holding bills.

We're very behind on bills right now. So we are at 99% of budget. So right now, you know, we we're at we're at chance of defaulting on our side of the contract of not paying for these bills that we we owe. The second side of that would be um if we do overspend and we run into a deficit, we are required to cover it by the state. So if we get our free cash

certified for next year prior to tax rate recap, we could have this free cash certified and we could appropriate from that free cash certification and we the council could appropriate from that the amount needed to cover the deficit. And if not at that point the state will require us to raise it in the tax rate recap process. So um we will then have to raise the money even if we have the

free cash available and sitting there.

can't require it to be raised and covered or or appropriated I mean by um the body so they have to just require us to raise it instead. So we could be paying answer would be go back to the taxpayers for correct okay for money that we have available at this time. All right. So, I I uh totally appreciate councelor C2 council to my left in in terms of identifying an issue that has been

brought up many times by the council um in terms of the um you know the communication with the administration and um I recognize that as well. Um and um so that definitely has to improve. So I'm not naive. Um, and I also identify the fact that um, although you were in the office for some time, I mean, you're new at this role, correct? You're new at this role, and it wasn't your uh, job or

your position to come down before the council um, like this in the past and articulate your vision for that department and what you'd like to do with that department and give Rex strong recommendations of what you think should be done to us who except for Councilman C1, I'm I'm a novice when it comes to financial matters. Okay. Um, so I I'm all about um recognizing that there's an

issue or the pro there's a problem with um with communication um and obviously especially with the um with the the traffic uh trash contract um and how that you know the notice that we were not given um that's an issue for sure.

But I'm also um about identifying a problem and and wanting to fix it um instead of just refusing to to not support something um that I think we have to do. So, I'll be supporting the resolution and I I just hope um whatever happens in terms of your position um whether you stay where you are or fold back, fold back um that um you I hopefully have the ability and the

knowledge and the skill to uh articulate to the council um and you'll have a city administrator hopefully very soon um who will be able to uh be the conduit and that's what the city administrator and what you do. Um, so I'll be supporting it. Um, and maybe it's to be nice or, you know, uh, but I I do identify the comments that were made by my fellow colleagues. Uh, and it it is a problem.

It is it is a problem. Um, especially something that monumental like uh trash company that's responsible for uh picking up trash in this community saying they're going to walk. That that's that's that's a problem. Okay.

Thank you. I yield. Councelor Dion. Um, you can go first because I Okay, Councelor Kadim. Uh, thank you, Madam Vice President. So, I I will say that I'm not satisfied with the response coming down from the administration and I hear what my colleagues are saying.

Uh, but I do support my colleagues in seat uh two and six uh with with their statements and I I know we're saying that we haven't received well it hasn't yet gone into a to a deficit, but as I mentioned at the last meeting uh the town accountant and and and I understand we there's no administration. So, let me let me backtrack. So, there's no city administrator, but there still is a

mayor. There's still a finance team.

There's still uh people consulting the mayor that are that are part of these meetings and decisions. And so, everybody was fully aware that this needed to come down to the to the city council. So, uh to my colleague in seat 4 who stated that, you know, we want to identify problems and fix it. The issue and the problem is is is that we continuously identify the problems and they never get rectified. So we are not

forced and we are not required uh to take this vote. You can take the vote but if if if we were required to vote then it didn't need to come down to us just like the administration felt it didn't need to come down to us before.

Uh but I did I did mention that you know the the uh city auditor does have a responsibility under Massachusetts General Law Chapter 41 section 58 to provide notification when an appropriation has been expended or appears likely to become overdrawn. So, in October, it was fully known that that department and this appropriation was fully going to be overdrawn because we could not uh fund a $3 million increase.

So, at the end of the day, that conversation or at least the communication should have come down to the uh to the city council. It did not come down and I'm and I'm not satisfied with the response that I'm getting here today. Um so I will not be be supporting it and um it it financially there is going to be an impact uh to the city but um we need to be held accountable for

our actions and if that means financially there's an impact there's an impact. I I think for me as one council I'm just tired of the council and our authority uh continuously getting circumvented time and time again. I'm I'm willing to work with the administration. Um, I've worked with the administration uh up to this point to provide where I would stand and what would I would need to be comfortable.

Um, and I've I've have not seen it. I have not heard heard of it. Um, so I will not be supporting this. I yield.

Council Chad.

So since the since I got sworn in sat down I haven't said much because everything's all new to me but so far I seen in this um during this meeting in the counter um there's no um communication from the from the mayor. Okay. Most mo couple item and then also accountability and um to uh approve for for us to approve this contract that without any knowledge for for the vice president or

the city council um president and we don't know nothing and we uh they expect us to uh approve that. So, um I would not approve it because we we could have a better um approach to this and um I know the trash issue is going to be a big issue and I don't know um have in the past that we ever think about bringing it to a small district, open it more um for trash um companies,

local small trash company to um attract them to get the business from them. With that, I yield. Thank you, M. Council.

Well, you and Sean both raised your hand. I didn't know if you were yelling to him again. No, I was waiting. Um, so I'd like to just make two other points and I'm sure you'll remember about probably four years ago, we had the discussion on six families stopping picking to pick up their trash. If I if memory serves me correctly, at one of our health and environmental affairs meetings a couple two or three years

ago, the same individual, not you obviously, sat at the table and said, "Yep, that's one of the things we're looking at. We we're taking care of the tra with the business trash now and we're looking at the actually the five and six multif family houses and we'll get back to you with that. But that's something we're definitely considering."

So these conversations have been going on for three, four years. It's not new.

We're not reinventing the wheel. The the people involved in it have been involved in it for all those years. Um and then the other thing I'd like to point out, and I'm not here to beat up attorney Thomas at all, however, when he stated that he could not give us information because it would violate attorney client privilege. My question is, who was his client?

Was it the mayor, the city council, specifically Paul Kugan, or was it the city of Fall River? And if he was representing the city of Fall River in these discussions and in relation to these trash contracts, then he should have been able to give us the information in my estimation. And with that, I yield. Thank you. Council Kadim, did you want to add something? I do. I just want to clarify something on the uh

the trash. I know it was stated that uh Easy Disposal stated that they weren't going to pick up the trash. I I I spoke to a representative from Easy Disposal and that was not the case. They never once mentioned or indicated that they would not pick up trash in the city. Uh the conversation according to them and I guess there there's always two sides to a story. Uh the discussion that was had

was the cost associated with the trash pickup and what they've incurred in terms of the pay as you throw program, people coming back into the to the program and all the costs related to the additional tonnage and uh and the additional trucks that were required to pick up the trash that they wanted to have conversation about getting reimbursed on this. Um and then they were told um I believe the the response

was no. Then they they told the city then just go out to bid and you can see what the the going rate is. So they were willing to cut a deal with the uh uh the city from what I understood. Uh they were told no and then they told them to just go ahead and go out to bid which was going to be higher. So that's where we came from. But at no point what did

Easy at least from my understanding of the conversation I had with the representative ever say that they were walking away from picking up uh the trash in the city. So I just want to put that on record and make sure that we just clarify that because at no point was that ever going to take place. And I'm going to concur with you because I had a conversation with them and I was

told that they never said they would stop picking up trash. They in fact wanted to go out to bid because of the high cost and because instead of bringing the trash to republic, they were bringing it to Cassella, they had to purchase more vehicles because of the transportation difference to get things out of there. So, councelor Raposo.

Yeah, I I think the only thing I'm going to add to this is I'm disappointed because the health environmental affairs subcommittee had had multiple meetings regarding trash and recycling costs and we tabled that in committee on January of 2025. So, these conversations were ongoing. There was a plenty of an opportunity to have a have a conversation about what was coming down the line. And I'm disappointed as the

chairman of that committee that these are the things that weren't discussed when we were pressing. And to my colleague in C2, we talked about this and it's it's we fumbled the ball point in point in case I'm on that committee as well and we've talked about it.

Correct. I yield. Council Kilby to to the final comment I want to make to council councilman C1's um point whether or not they wanted to walk from their obligations. There's a liquidated I tend agree um there is a liquidated damages clause in the contract. Liquidated damages basically means that you you if there's a breach, you agree ahead of time when a contract signed that this is

going to be the damages for breaching a contract. But with this type of contract, it's it's um public health.

It's so so different. Even though liquid damages clause is in there, there's huge ramifications if a disposal company picking up trash decides that we're walking, we're not going to pick up trash anymore. So, we heard that from attorney Thomas. I think probably need an explanation in terms of if that really happened or not because when I hear things like that um I tend to believe the individual especially Tony

Thompson is my law professor by the way I tend to believe um what I'm told you know um so that that that's a big statement he made and I didn't come out and say it but at the time I don't well I think that's impossible for even to do that you know um so with that said uh communication communication communication I agree but I'm I'm still going to vote for it because um the

ramifications of not voting for it and um it's that's where I stand. Thank you.

You yield. Yes. Okay, let's um look at the transfers. Number one was the 1.1 million to be transferred for community maintenance. Did anybody have any questions on that? Okay. And then item two was um the 3 million for trash.

No, the other trans. Oh, councelor Kadine. So, the 3 million for uh surplus revenue going to the stabilization account. Can you just speak to um would that leave us enough in terms of cash flow uh with all the various revenues coming in and then al also the balloon payments that we get for um the schools to be able to cover our expenses? Yes, absolutely. Okay.

All right. I yield. Thank you.

And the next item is in accordance with the provision of chapter 44 section 32 master trouset general laws. I recommend the following appropriations. The appropriations are necessitated due to the year-end review of operating budget.

The following appropriations will assist the city in meeting its fiscal year 2025 obligations. So from the city council expenses 5,000 administration services expenses 10,000 facilities expenses 200,000 and community maintenance salaries 200,000 so that will be 415,000 two city council salaries for 5,000 administrative services and salaries 10,000 solid waste expenses 4,000 Um, city council employees had a cola

increase to their salaries and that was wasn't budgeted in the administrative services department and unforeseen employee buyouts that were not budgeted in the FY2025 budget. Community maintenance in particular solid waste had an increase in C cost related to collections contract and disposal rates. So motion full counsel transfer seconded.

They don't need a referral. All in favor? They don't they don't need a referral. They didn't need to refer.

That's already pardon. It's already they're already there. They're already there. They don't have to do that.

Motion to adjurnn finance. Second. All in favor? I 7 o'clock.

They're

coming.

Hey hey hey.

pain.

Hey hey.

City Council meeting come to order. The clerk call the role. Councelor Scad here. Dion here. Hart here. Kilby here.

Ponti here. Reposo here. Tip here.

President Chimera. Vice President Pereira here. Everyone could stand for a moment of silent prayer.

Salute to the flag to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Pursuant to the open meeting law, any person may make an audio or video recording of the public meeting or may transmit the meeting through any medium.

Therefore, attendees are advised that such recordings and transmissions um are being made whether perceived or unpersceived by those present and are deemed acknowledgeable and permissible.

Madame vice president, we take item 10 out of order, please. Second. Item 10 out of order. Second. All in favor? I.

Motion to adopt. Second. All in favor? I

Thank you. Mr. Pelli, would you like to join me as the chairman of the Commission on Disability, please?

All right. So, most recently there was a um forever commission on disability scholarship breakfast that I attended with the chairman here, Mr. Pelli. And we would like to present some citations to those students who received some scholarships. I believe there are three in attendance this this afternoon. So, I'd like to call Connor, Jonathan, and Katie, I believe, are my three students that are here. Come on down.

Welcome, guys. So, first off, come over here for me. First off, congratulations on behalf of the city council on your achievements, on your scholarships as well, and and you're going off to uh your next steps in your lives, which is very important. So, I want to present these citations to all of you. I'll first start with Jonathan. Jonathan Rossendes comes from Argusy Collegiate

uh Charter High School, class of 2025 in recognition of your receipt of the For Commission on Disability Scholarship and your future attendance at Bristol Community College. Be the further resolve of the Forest City Council extend best wishes for your continued success and the resolution be entered in the records of the city council adopted today, June 24th, 2025. Congratulations to you, sir.

And we have Katie. How do you pronounce your last name? Loc. Thank you. I don't want to mess it up. Coming from Atlanta's Charter School, class of 2025.

Very similar in recognition to your seat at the former commission on Disability Scholarship and your future attendance at Roger Williams University.

Congratulations to you.

This was the fifth annual scholarship uh given by the Fall River Commission on Disability.

Awesome. Thank you, sir. And thank you, folks.

Congratulations.

Congratulations.

Council

hot. Yes.

Uh good evening. Yes, it is. Good evening. Uh just want to uh first uh in uh have the uh diamond coaches come down and the players. Um, I'm uh we're honoring this team tonight tonight uh because they are the first Diamond's first vocational state championship in baseball. They won it this year. They have an exceptional team. Um since my kids have attended uh Diamond and I know a lot of these guys. Um I've watched

them uh since they've been so from sophomore year to senior year and each year they got better and better and better and it has a lot to do with the coaches u but also to the players. I know not all of them are here, but um I wanted to honor them tonight. Um we're gonna have the citations with you for probably next month, coach. Okay. But um I just wanted to cong congratulate all

of you. It's a big achievement what you did and you had a great season. Um also too, this hits home with me because my father was the first athletic director at Diamond and baseball coach when it was on Hot Wheel Street and then went to uh Stonehaven. So this is very important for me too because my dad loved diamond and diamond baseball. So why don't you uh introduce the players? Uh good

evening. Thanks for having us. Uh my name is Flo Lemur uh varsity head coach.

My assistant Brad Camra. I have Evan Nicholson, Ian Campbell, Owen Duro, Aiden Moa, Mr. Falcon, Cory, Almea, JJ Costa, and Sam Perry. Um, these are two, four, six, eight. There's what, four, six missing.

Okay. The other either busy lives or at the beach somewhere. Okay.

Um like you know uh councelor Hive said it is a big deal for a vocational school because uh we make the tournament just about every year in the regular MIA state tournament. We have to compete with the big boys like Zavarian Brothers and Boston College High. Uh we're a vocational school. We get good athletes but they get 10 times more than we do.

So, we've been in the vocational state tournament several times. We've come in second a couple of times. Uh this year, everything uh fell into place. We had the right players at the right time and like I said, very proud of these kids.

They worked hard. Uh they took it serious and I think they made Diamond and most importantly, Fall River proud.

So, thank you guys.

Council, are these some of the parents of these uh students? Congratulations parents because I know getting them to practice and going to their games. Yeah, absolutely. I mean, yep, that that's a very important point. That's the um because what you've done with your with your kids being here tonight and winning the state championship, but also bringing them through from the time they

started playing baseball at 5 years old to now. It's a great great job and great accomplish accomplishment. And thank you very much. Thank you. Congratulations.

Thank you.

Item number one on the agenda, confirmation of Jason Bushad Naraki to the historical com commission reappoint.

Second. All in favor? I confirmation of Richard Mancini. Again, a reappointment to the preservation. Motion. Motion to confirm. Second. All in favor? I.

Mayor in order declaring property of the fire department as surplus property.

Adopt. Second. All in favor? I. Marin requests the interim purchasing agent for review of requests for proposals number 25-11 related to the sale of the site of the former Sylvia school and annex. Motion to further the committee on real estate. Second. All in favor.

Mayor, an order accepting the donation in the amount of $3,418 from the Four River Elks Lodge number 118 to the fire department for the purchase of an underwater drone to be used by by the fire department dive team. Motion to adopt. Second. All in favor? I. Council Reposo, just a qu question of clarification. When a donation is accepted, does it go to the general fund with an essentially an

asterk to what it's going to be for?

This would say specifically what it's going to be. Can I have the inter CFO come down and just clarify that for me?

I was questioned that by by our city res the rules. Motion to wave the rules. Is there a second? Second. Second. All in favor? I Sorry, it's just a technicality, Emily. Yeah. So, so Emily, just a clarification that they were curious when a donation is accepted by the city council, the funds go to where?

We have a special um revolving fund typically set up to accept donations.

So, um I don't recall specifically if there's kind of one general one, if there's a specific one for the fire department, but we have special funds set up that help allocate and keep the purpose with an ear mark of what that item is. Correct. Okay, that's all I need to know. I yield. Thank you.

Item number six, mayor in an order establishing spending limits on revolving fund. Madam vice president, we got to take the vote on that. You we didn't vote. We did and then we called her down. Did we take a vote? No. Sorry.

Go. There's a motion and a second. All in favor? I. Item number six, mayor and order establishing spending limits of revolving fund for fiscal year 2026.

Motion to adopt. Second. All in favor?

I. The following transfers from the mayor 7A 1,100,000 for from FY24 surplus revenue to community maintenance expenses. Motion to adopt. Second. Roll call

on adoption of the order. Council Kadim, no. Dion, no. Hart, yes. Kilby, yes.

Ponti, no. Reposo, no. Tiff, no.

President Chimera and Vice President Pereira, yes.

Didn't pass. Failed. 44. No. No. 53. 53.

53. 53. Oh, go.

Item. You're in 7B. Go ahead. Yep.

7B is 7B would be that the sum of $3 million B and the same is hereby transferred to general fund stabilization fund from FY surplus revenue. Motion to adopt. Second.

Motion to adopt has been made. Is there a recall? Uh I second. Roll call on this. No.

All in favor? I I item number eight are transfers from um the mayor for various departments. The first that the sum of $5,000 be in the same is hereby transferred to city council salaries from city council expenses. Motion to adopt.

Second.

All in favor? I that the sum of $10,000 be in the same is hereby transferred to administrative services salaries from administrative services expenses. Motion to adopt.

Second. All in favor? I that the sum of $200,000 be in the same is hereby transferred to community maintenance expenses from facilities expenses. Motion to adopt. Roll call.

There's no second. Yeah. Sorry.

There's no second to the motion.

No second.

What's that? There's a motion. No second on

second. Motion to reject. Second.

8 C.

So this would be eight item 8 C on your agenda. $200,000 from facilities expenses to community maintenance expenses. And the motion made and seconded was to reject.

Roll call. Excuse me.

Motion. There was a second to reject.

Yes. Roll call. Roll call on the motion to reject. Councelor Kadim. Yes. Dion.

Yes. Hart. No. Kilby. No. Ponty. Yes.

Reposo. Yes. Tiff. Yes. President Chimera and Vice President Pereira. Yes.

The motion carries.

And lastly, the amount of $200,000 be in the same is hereby transferred.

Motion to approve community maintenance expenses from community maintenance salaries. Motion. Move.

Roll call. There's a motion to adopt and a second. Roll call.

On the motion to adopt councilors, no.

Dion, no. Hart, yes. Kilby, yes. Ponty, no. Reposo, no. Tiff, no. President Camarra. Vice President um Pereira, yes.

The motion carries. Sorry.

I'm sorry. The motion carries. Motion fails. Sorry, the motion failed. No, the motion failed. It there's five nazs and three A's. Yes, it's not necessary to make a motion to reject. We've already acted on the item, right? Corrected.

Okay.

Item number nine is a resolution.

Whereas at a recent meeting of the committee on economic development and tourism, there was a lengthy discussion with representatives of the community development agency in the Fall River Redevelopment Authority regarding the potential need for traffic and parking restructuring in and around the downtown the area of downtown South Main Street.

And whereas South Main Street needs revitalization that could be implemented with changes such as one-way traffic and additional parking spaces or strategies.

And whereas there are many third-party organizations that provide these types of studies in relation to redevelopment goals which will assist residents, business owners, and visitors of the city of Fall River. Now, therefore, be it resolved that the city council recommend that the administration pursue these traffic and parking related studies specific to the downtown South Main Street area to assist with the

revitalization and improvement of this neighborhood. And be it further resolved that the administration provide any information obtained from these studies with the city council for further discussion and review. Motion to adopt.

Second.

Council Dion. Yeah. I just have a a question um a few years back and and I feel bad I can't remember the gentleman's name, but we had somebody in the city that was supposed to be doing this. Um they were looking at the parking. They were looking they were evaluating South Main Street. um what ever happened with that? As I recall, the the individual that you're speaking of um that did the study there, they

wanted South Main Street to be a oneway and have diagonal parking and that ended with the traffic department and them feeling that that wasn't something feasible at that time. Do we know if that report is still available that it might help in in evaluating this further? Madame Clerk, would you know if it's available?

Do are you aware who conducted the report? I can't remember the name. I don't recall at the moment, but I I'll find out. Perhaps the traffic department would have that um because I believe Laura Ferrer was involved in that at the time. So maybe we can reach out to her.

Actually, I think there were two individuals. There was the initial one and then a second person came in and it was two different organizations. Um well, with that, I yield. Thank you.

Thank you, Council Pon. Thank you. So um I we we discussed this in the economic development and tourism subcommittee and we decided that B we bring this to the council so we can at least act on the item. I will just remind my colleagues that there was somewhat of a parking study done with uh uh Dan Aguiar in planning recently not necessarily reflective of this. Um, I think what my

colleague is talking about is that zone.

Um, what is that zone? That what was that South Main Street zone called? The It's not restaurant. Uh, restaurant row.

No, it was it begins with a T. Yes, it was a T. Um, can't remember. TDI. The TDI zone. The TDI district. And I believe during the Thank you, counselor.

the the discussions that we had at that point. I believe that that traffic study was done with with the TDI district at that time because it is in that immediate area. The purpose of this was we discussed in the economic development tourism committee that in order to get downtown and my colleague in seat one mentioned this I think the first time I ran for city council um when we were

talking about trying to really make our downtown corridor a economic engine and we struggle with that because businesses aren't going to be able to succeed and be successful because of the parking apprehensions that occur on South Main Street from Columbia Street all the way down to city hall. Um, a lot of us have had debate and discussion prior to getting trying to connect our waterfront

with our downtown and there's really no corridor to do that. Um so um the subcommittee felt that sending this to the council for action to occur uh maybe have uh Dan Aguiar come down or maybe him review this would be in our best interest because if we could pursue and make Columbia Street towards Government Center a one way and allow for diagonal parking it will improve it will create a

more parking for the city more income for the city and it will allow our downtown to thrive a little bit more. I don't think I've been in many downtowns that had no parking or if they did have parking, if they didn't have enough parking, they created parking opportunities, which is the the diagonal parking, which studies have shown that you create more parking with diagonal parking than side by side. So, the

purpose of this um from the subcommittee was to see if we could do that. It might be a long process. that might be might not ever happen, but I think that that is the first step to getting our downtown vibrant. Uh Mr. Dion and somebody else spoke in our and Sarah Paige spoke at our meeting that they're looking at housing opportunities downtown. Um and seeing if if if there's going to be some market rate type

housing that's going to occur. That's probably going to be the first step in my opinion of converting our downtown to more of a corer of economic development.

Uh but until that happens, I I really think this study should be done and the subcommittee felt that sending this to the full council for adoption will be that first step in that process to see if that can be done. I yield.

So there was a motion made second.

All in favor? I.

Madame clerk.

Next we have the order granting permission to Mark Pavo for removal of curbing at 166 Wilson Road. Motion to adopt. Second. All in favor? I I motion to take items 13 through 38 together, please. Second. Second. All in favor? I.

Motion to adopt. Motion to adopt.

Second. All in favor? I want to read them. Madam clerk. Yes. So this would be the fiber optic cable installations um presented by Intrepid Fiber Networks um on the f on the following streets. Prospect Street, Woodbine Place, Hillside Street, Maple Street, Walnut Street, Locust Street, Roberson Street, Pier Street, Hanover Street, Lynen Street, Grove Street, Highland Avenue, Winter Street, Cherry

Street, Pine Street, and Franklin Street. Bank Street, Seabberry, Lynen Street, O'Grady Street, North 7th Street, High Street, Grove Street, and Winter Street.

Item number 39 is the same company, the Intrepid Fiber Networks, um, with an order granting permission to place, um, underground conduit on Pine Street.

Motion to adopt. Second.

All in favor? I.

Item 40 is the police chief's report on licenses. Motion to adopt. Second. All in favor? I.

Have a number of claims. Motion to refer to corporation council. Second. All in favor? I. I.

Motion to take items 42 through 47 together. Second. All in favor? I.

Motion to approve. Second. Read it for us. I want to read them for read them.

We have city council uh minutes. We have the public hearing held on June 10th, committee on finance on June 4th, committee on finance on June 10th and June 12th, special meeting of the city council on June 4th, and regular meeting of the city council on June 10th.

There was a motion to adopt and a second. All in favor? I.

The Committee on Ordinances and Legislation at a meeting held on June 24th voted unanimously to recommend the accompanying proposed ordinance accompanied by an emergency preamble be passed through first reading, second reading, passed to be enrolled, and passed to be ordained. This is handicapped parking um ordinance. Motion to adopt emergency preamble. Second.

Emergency preamble. Roll call on adoption of the preamble. Councelor Scadim, yes. Dion, yes. Hart, yes.

Kilby, yes. Ponty, yes. Reposo. Yes.

Tiff. Yes. President Chimera and Vice President Pereira. Yes. Motion to pass through wall readings. Second. All in favor? I. I.

The committee on ordinances and legislation at a meeting held on June 24th voted unanimously to recommend the accompanying proposed ordinance be passed through first reading. This is a miscellaneous traffic ordinance. Motion made. Seconded. All in favor? I.

The Committee on Ordinances and Legislation at a meeting held on June 24th voted unanimously to recommend that the accompanying proposed ordinance be passed through first reading. This is the salary of animal control officers.

Motion made.

A second. All in favor? I.

The committee on ordinances and legislation at a meeting held on June 24th voted unanimously to recommend that the accompanying proposed ordinance be granted leave to withdraw. This is an ordinance establishing the position of museum security officer at the public library. Motion grantly to withdraw.

A second. Second. All in favor? I.

The committee on finance at a meeting held on June 24th voted unanimously to recommend that the accompanying order be referred to the full council for action.

This is the financial order in the amount of $2 million from the FY24 surplus revenue to the employer health trust fund.

Motion to adopt. Second.

All in favor? I.

And lastly, we have the resolution um to be presented. Whereas the city of Fall River adopted a new home rule charter in 2017, which took effect thereafter and includes provisions for ongoing review and accountability in city governance.

And whereas section 9-15 of said charter requires that not later than February 1st at 10-year intervals in each year that ends in a four, the mayor and city council shall appoint a special five member committee to review the purpose and need for each appointed multiple member body established by ordinance.

And whereas the committee required by section 9-15 was to be appointed by February 1st, 2024 and to file a report of findings and recommendations with the city clerk by April 1st, 2025 for action by the city council no later than April 15, 2025. And whereas based on inquiry with the city council clerk's office and the law department, it appears that said committee was not appointed and that no

such review or report has been submitted to date. Whereas section 9-14 of the charter provides that the mayor is responsible for ensuring the charter is faithfully followed and further states that if the city council believes the mayor is not complying the city council shall by resolution direct the attention of the mayor to such areas of non-compliance. Now therefore, be it resolved that the F River City Council

hereby directs the attention of the mayor to the city's current non-compliance with section 9-15 of the charter. And be it further resolved that the city council respectfully requests that the mayor and city council president take immediate steps to appoint the required five member review committee as outlined in section 9-15.

And be it further resolved that a copy of this resolution be forwarded to the mayor, city clerk, the law department, and members of the city council for immediate review and action. And be it further resolved that the city council acknowledges the violation of section 2-10 of the city charter where contracts have been given to department heads without city council confirmation or approval. Motion to adopt. Second.

All in favor? I I no other business to all in favor.

Hey hey hey.

pain.

Hey