The Fall River City Council held a meeting on October 11, 2022, which included both a Finance Committee session and a regular City Council meeting. Key discussions revolved around a proposed land sale by the Fall River Housing Authority, the ongoing process of regulating cannabis licenses in the city, and appointments to the Special Charter Review Committee. The Finance Committee heard from residents regarding the need for mental health group homes and concerns about the ballot process for the rail project, before approving a transfer of $14,953.28 for elections expenses. During the Finance Committee meeting, representatives from the Fall River Housing Authority clarified details of a home rule petition to sell property at 229 Highland Avenue to South Coast Hospital Group for $420,000. The proceeds are earmarked for replicating a mental health facility elsewhere, with the Department of Housing and Community Development (DHCD) providing gap financing if needed. The Council also delved into the complex issue of cannabis licenses, with Corporation Counsel Alan Rumsey and Ken Fiola of Bristol County Economic Development providing updates on nine active licenses, three disputed termination attempts, and the city's efforts to establish new zoning and a review commission. Councilors expressed frustration over delays and the ambiguity of the existing 11-license cap. In the regular City Council meeting, a significant decision was the denial of the Mayor's appointments to the Special Charter Review Committee by a 3-6 vote, with councilors citing the five-month delay past the May 1st deadline and a lack of demographic diversity. A subsequent attempt by the City Council to appoint its own members to the committee also failed by a 4-5 vote for similar reasons. The Council unanimously adopted the home rule petition for the Housing Authority land sale, accepted a $57,114 gift for the Fire Department from Precise Packaging, and passed an ordinance for city department reorganization. Resolutions were adopted to address flooding issues in the Grinnell and Jefferson Street areas and to explore using ARPA funds for cameras in parks and playgrounds, with an amendment requiring the Mayor to report back within 60 days on feasibility and cost.
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thank you foreign
1:05foreign
2:01thank you thank you foreign
2:57here Dion Kilby here by Liberty Pelletier yeah Herrera here proposal here Washington here and president Camara here pursuant to the open meeting law any person may make an audio or video recording of this public meeting or may transmit this meaning to any medium attendees are therefore advised at such recordings or Transmissions are being made with a perceived or unperceived unperceived by those present
3:26and not deemed acknowledged and permissible Kilby
3:38first we have all in favor aye thank you counselor first we have Romano real estate trust Max Harrison TRS one international Place Suite 3700 Boston Mass 02110 for curve removal as follows as follows Newton Street existing opening is 55 feet 9 inches curbing to be removed is 42 feet curbing to be added is 21 feet 9 inches combined overall proposed after alteration is 76 feet William S Cannon Boulevard
4:2134.34 feet 8 inches that's the existing opening craving to be removed 24 feet grip to be added 34 feet 8 inches combined opening proposed after alternation is 24 feet this applicant proposes to modify the existing three curve openings that currently access the property at 323 William S Cannon Boulevard to access the proposed new Marketplace and gas station the overall project results in an
4:52increase of nine feet two inches of Kerber removal the project has received site plan approval are there any proponents to this public hearing hearing none are there any opponents to this hearing a motion to close the public hearing okay by Council Kirby seconded by Council Roberto public hearing is now closed can I see the book two uh good morning we have two winterwood individuals who
5:48assigned for public citizens input first we have Brenda Venice subject matter is 229 Highland Avenue
6:08Brenda Venice 25 Wright's way um I'm here tonight to speak about property on 229 Highland Avenue this property is owned by the four of a housing authority and what happened is is that um it was purchased back in the 1980s it was a building it was a home a group home for people that would have mental health and it's so run down and too costly to renovate so now South Coast Charlton Charlton
6:45Hospital South Coast wants to purchase the land to extend their services which I'm not against it at all I'm not here for that what I want to say is is that when South Coast does purchase the property from the floor of a housing and this has a special um 689 it's a special chapter that program for people with mental health so the reason why I'm here is is that when the property is sold
7:20um when the Housing Authority sells the property to South Coast and then South Coast does what he what they want to do with it too this is a new home or something close to it and I wanted to make sure that when it does when they can do it that the money is saved and the pro and the home is for mental health nowhere else no one else because it's a special program
7:54689 is a special program for mental health and as you know in Fall River alone we in die in need of group homes with the closing of Taunton State which was only 45 beds people are held up for two and a half years waiting to get in we can't wait three five ten years for this house to be put back for mental health I'd say as soon as you buy the
8:24property as soon as you make what you want to do with it uh extend your um your emergency room that you look for another house for sale six to eight people with mental health to go into and that's why I'm here I'm here to watch that the money is making sure that when we do get the money from the sale of the property and that it goes into for a home for people with mental health
8:53because we are unbelievable need in need and I want it done I'd say two two and a half years of tops and that's why I'm here tonight um so I mean I'm not here to to judge it or say it to to hold it up basically I'm asking you to it's okay forever housing that owns it um we need the prior authorization from the Department of Housing and Community Development has to agree and then for
9:26South Coast to purchase the property and then when they extend their profit when they extend it well then they'll make the group home or find something near anybody have any questions I thank you very much for allowing me to speak um and thank you again thank you thank you so much Brenda I guess I jumped the gun and we have to open the meeting on finance before we used to have citizens input before Finance but
9:54I will now entertain a motion to finance committee will come to order clerk will please call the roll Council here Dion Kilby here while Liberty Pelletier yeah Pereira yeah raposo yeah Washington yeah and president Camaro here uh council president to full motion opening here no I'm just going to call thank you I had to call the local pursuit to the open meeting law any person may make an audio or video
10:25recording of this public meeting or may transmit this meeting through any medium attendees are therefore advised at such recordings or Transmissions are being made where the perceived or perceived by those present and not deemed acknowledged and premise of him next we have to come before us is Nelson Vasquez Declaration of Rights
11:01Nelson Vasquez uh two 10 Sons I hope there seems to be some confusion out there as to the ballot process and the this is what happens when the city says no if the city says no quote The Authority may not provide service to a city or town that fails to join the transportation area unless such city or town Western saving Service as of July 1st of 2000 end quote which we haven't been so
11:33there's no second bite at the Apple we say no and that's what stands however for the second time I've heard that if we say no the state delegation will undertake a process to undo the vote of the people and I want to remind our State against State delegation of article 4 and 5 of the State Constitution where it says they are accountable to us at all times it is absurd and I heard it for the
12:05second time and the person in favor of the rail went on video and said the same thing a message I gave you guys all emails of what I sent to everyone that Constitution is sacred it will not be violated okay so I want to say that and number two as I said on the radio okay last year the state delegation passed section 3A I have the whole packet I'll send it to all of you it
12:32says in the first paragraph that there is no Express requirement or authorization to provide affordable units and once they receive their building permits they can proceed without without any uh a zoning Amendment variance waiver and a special permit it's a huge giveaway to market rate housing and since he's in since he's in uh in person to Mr Ken Fiola himself because I'm planned on August 10th of this year
13:01those new guidelines came out in August 10th a planning board member asked him what is this going to do for sectioning recipients who have the mobile vouchers and he said that they won't be able to afford those rents because they're in an hdip Zone and in the hdib zone they get two sets of of tax incentives and that's where the two train stations are going to be located in the h-tip zone so double dip in here
13:28this is a huge giveaway to them what about our people who can't afford their rent and to us anyway that the train is not going to have any effect on rent increases if it arrives 30 seconds it's ludicrous we need to vote no we need to take control of our autonomy and sovereignty away from the special interest because once you if the city says yes there's no turning back
13:55we need to take control as to what gets built in our city and that's Paramount and I'm glad he showed up because I have no problem telling him in person in front of the city thank you so much thank you next we have transfer item number two in accordance with the provisions of chapter 44.
14:20section 232 of the Massachusetts general laws I recommend the final Appropriations to your honorable body that the sum of fourteen thousand nine hundred fifty three dollars and twenty eight cents B and the same as hereby appropriated to elections expenses from the general fund Reserve emotion motion to approve second motion to approve that we're made by Council Dion seconded by Council per hour all in favor
14:48aye aye any opposed item number three we have a discussion with the administration and representatives from the form of Housing Authority regarding the home group petition and act authorizing the Fall River housing authority to convey a certain parts of a land to South Coast Hospital group Incorporated could you please come down
15:21foreign just please state your name and address for the record please Kevin spadella executive director of Fall River Housing Authority I -5 Morgan Street get a microphone foreign Michael Souza general counsel fall over Housing Authority 85 Morgan Street thank you do you want to give us a brief little synopsis of just how this is going to take place sure what the council's role would be in
16:00this good evening good evening everyone um just a brief summary so we're here tonight to discuss the business of the home rule petition 229 Highland Avenue as was mentioned earlier is a 689 program at the Housing Authority has owned for many years under the guidance of dhcd Department of community and Housing Development part of the home rule petition is to legally circumvent the 30b procurement
16:33laws and sell to the South Coast Hospital group so they can expand their emergency services and parking lot part of that agreement as Miss Venice stated the proceeds from the sale will go into replicating that building elsewhere in the city of Fall River to support the needs of Department of Mental Health clients seven or eight whatever it may be the challenge obviously will be finding another
17:08location that meets the needs of dhcd the Fall River housing authority and the Department of Mental Health so um any proceeds uh will go into the care of the hcd until we find another location but it will be replicated that is the intent of the Housing Authority thank you yes thank you General thanks for coming so he answered my question that's the only question I had to follow up on the
17:39citizens input and get on record that was going to happen the other part of the question was uh the timeline and I agree with with the citizens of what you said in terms of the need for um this was six to eight right six eight people six to eight so it might be impossible to answer but I'd like your opinion Mrs papilla in terms of how long you think the turnaround is going to be
18:04well as you know the the wheels of progress in our government are sometimes slow uh not at the speed we would like however with the current state of the real estate market it's it's difficult to say um to find another building that meets the code that uh all the requirements of a facility like that I I wouldn't I couldn't accurately say give you a timetable on that that's a fair answer um
18:36so at the building directly in my office I I know it's kind it's dilapidated I researched it online and so you get in fair market value for it is there appraisals that have been done for it and there was an appraisal done last year and then because of the timeline it we're going to have another appraisal done on it that's part of the agreement South Coast has to compensate for the appraised value
19:02and the final question is um and I should know the answer but I don't but why why do you need our Authority um for this well could this be uh within just a purview of the Housing Authority we so uh there were several uh legal opinions um one from the governor's Council one from the house one from the Senate and a recommendation from dhcd that even though the city of Fall River doesn't
19:35have any ownership in this property we should probably uh as a good rule do a home rule petition I'm assuming just to prevent any uh you know to get the state legislation's approval sure sure as you know the far of a Housing Authority is kind of a quasi government agency with the city of Fall River we're not connected but somewhat so just to cross the t's and Dot the eyes everyone in agreement feels
20:09that a home rule petition would be in order and our governing government agency dhcd felt that to be true as well there was no mention whether or not it had to go through this on the real estate give me excuse me there was no discussion at all whether it had to go through the real estate Committee of the city council I don't believe so now oh yeah those are my questions thank you because it's not
20:31our property not city property oh thank you uh Council seat six Council program I had similar questions to what my colleague uh comes the kadim already asked but one of the questions I have do you have a ballpark figure of what the sale of this is going to be we do what is the ballpark Mike uh as a Mr smartella said we do have uh we had an appraisal done I had an appraisal done
20:59last summer uh the appraisal came back at 420 000 okay so basically what it's just a supplement what Mr spidello was saying is that uh there was the the actual legislation that was developed by Senator rodericks that went uh through the Senate the Senate passed it and went to the house it was committed to bills in the third reading that which uh representative phiola is the chair of
21:21she's assisted with us on that level but her Council and bills in the third reading said it needed a home rule petition there was some disagreement between the parties sorry foreign Council House Council and the governor's general counsel convened and they all decided with along with dhcd and their legislative liaison that it should go for a home rule petition the original legislation basically states that
21:47um it's going to guarantee it's the legislation will guarantee that South Coast would receive the property for the expansion of the Emergency Care Facility so we don't have to put it through our standard disposition initiative name which means and I won't even get into that because that's a whole nother issue but there are certain deed restrictions on the cover property right now that
22:03they have to be for a handicapped special needs individuals so it's that's one of the reasons why it's been vacant because we can't it's too much money to fix it and Rehab it um it's going to request that Charlton and South Coast pay the appraised value of the property so in essence we're going to you know in the in the in the case of fairness we do have to upgrade the appraisal to make to meet the
22:25current standard um they're going to require that Charlton and South Coast assist the Housing Authority in locating another property um for for the operation of a 689 facility and they're all going to allow the housing authority to re-establish a new 689 facility which will bring us back up to the five we have four currently operating this will be back to five um and uh basically oh that's it I mean just
22:51just another thing too is I I was trying to prepare for questions that you might have uh dhcd also makes sure that the individuals that are participating in the 689 program are local so that the families that are um you know the family members are here locally to support these uh disabled people so um disabled and and um and um handicapped I know that Mrs Venice said you know part of the issue
23:19um is you know with closing down some of Taunton State hospital leaving people with mental health issues um nowhere to go that's huge we see that every day I personally think that closing down Paul Deva was a major impact on the Mental Health Community as well so I would just urge you if Charlton is willing to help us locate another facility that that needs to be expedited because it has such a dire need for
23:48assistance with people with mental health issues and I know Mr spadella you have to go through dhcd and I know that I have dealt with the government bureaucracy for many years and I know how difficult it can be but if you keep prodding and poking and prodding and poking things get done and I would urge you to do that if you need help from me I would make calls and Advocate as well
24:13to the legislature or speak about or do whatever I can do because we have a lot of people in this community with mental health problems and it's hurtful to see that there aren't services for them so with that um I have no further questions thank you both very much for coming down Mr President I yield you thank you council contact CD Council Washington uh you clarified some of the things that
24:36I just people at home are listening this is not a property that people are in they were not asking people to leave it's a vacant property it's been vacant for many years am I correct correct over 10 years over 10 years it's vacant so um in fact this could actually be a great thing for the Mental Health Community because this was a tremendous amount of money would have to go into this to make
24:55this even operational so the fact that South Coast wants to buy the property so just to clarify for people listening at home it's not a property that has been vacant I mean it's vacant not lived in we're not moving anyone out and in fact we may be able to get people into a property sooner than if we had kept the property am I correct about them we're going to re-establish the seven to eight
25:14beds that we had there prior to a closing down due to the structural efficiencies so yes so it will be a good thing that we're able to going to be able to house uh seven handicapped locally based I mean that's not a requirement but it's uh highly probable that their local individuals that will need that kind of care right and Charlton will be excuse me Charlton will be assisting us with uh finding another
25:37finding another placement another another home for those for that to be for that to be um secured great I just wanted to clarify for people the Housing Authority Administration is is well aware of the mental health needs it's just the affordable housing needs in this in the city of Fall River so we're going to do everything we can we would never dispose of a property and not replicate
26:00it no in fact it's probably a really good thing that they want to take over this property and they can find a new location so with that I yield thank you thank you councilor consultancy one Council Kadeem thank you Mr President um so I still have similar questions to my colleague in C3 um I'm just trying to understand the logistics behind sure this process so the homeroom petition is do housing
26:22authorities not have the authority to submit homero petitions to the general court we don't use petitions counselor what we um what we did in this there was special legislation that was drafted by Senator rodericks that passed the Senate went into the house what the house Council told representative phiola is that we needed this last piece because um because of the certain deed restrictions on the property we're not
26:45able to sell the property or move the property to anyone unless because the deed has restrictions is handicapped so um what happens is they wanted they decided that a home rule petition would be the best way to do that because it's going to benefit the greater follower of a community not just the city of Fall River when if you do pass this it goes up to the state house and then I believe
27:07Senator rodericks will will and and representative Fiola will take care of engrossing the bill from that point so this is not the bill this is just the homo petition which is going to uh express it would be it would assist it yes yeah I guess where I struggle is is that we don't own the property and if you're referencing 30b obviously you've got to follow the procurement process but that's on the housing authority to
27:29do this I I would have thought that you would have had the the ability to submit at least the home rule petition requesting the ability obviously to sell the property and forego you know the 30b process for the sale the whole reason why the legislation was written was to was to supersede the actual 30b disposition initiative the disposition like I don't know if you remember Corky row yeah and
27:51I'm not going to bring anything up I don't want to you know I understand the process I'm just trying to figure out where how we fall in the city to outside of obviously there's a benefit and there's obviously some value added to the to that property and we want to make sure the services are there but where we don't have control of the property you didn't purchase it from us I don't believe
28:13um we don't maintain it you have your own authority your quasi-governmental agency there's already uh general laws that pertain to housing authorities you have to have a procurement officer you got to get certified all all those things so I'm just trying to figure out how why they're needed for the city council to go ahead and move forward with the Home Road petition and that was an
28:30advisory through the three the three bodies of this this I've requested some uh some legal opinions from from up in the state house and that's again competing interest so um you know I'll move forward and support it I think everything that you've outlined here in the home repetition is going to make sure that you know the services are still being provided um so I'm fine with that I was just
28:51really trying to understand because I've never seen this process before and I'm just really just trying to understand why the city council has the latest legislative body for the city is getting involved with the Housing Authority that's all I mean due to the placement of the land it is a very unique it's a unique request of the housing authority to make through the legislature so we understand that as well
29:11better yield thank you Council Council and see two Council vice president good evening um obviously from last year to this year the um in more recent times the property values have dipped a tad um between increasing uh interest rates Etc so I imagine your appraisal won't convert as high as it did the last my question is is there going to be anything in writing anything that can help guarantee um
29:39Mrs Mrs Venice in her quest for a new facility if if the sale price isn't viable other you know is there anything in place to to guarantee or that that's going to happen somehow thank you Council initially when we discussed this with Senator roderick's um representative Fiola as well as the hcd that question came up what's going to happen if there's a gap so we that's why we're trying to we're
30:09trying to make this as Fair as possible possible I mean the real estate market was pretty high in 420 000 is a lot for a abandoned property so what we did is um they put that they wrote that in the um in the package and I think that what dhcd came up with is that they would take the money put it in Escrow because technically it's their property um it's the full it's Fall River housing
30:34authority and name only but subject to dhcd approval so what it would happen is once the property is evaluated and appraised at a reasonable price or whatever price they come back at um that money is going to go into escrow and I believe we're gonna we're gonna see dhcd provide us with The Gap financing for that new structure that we purchase and I I believe some of that language is in
30:57the legislation where it has to be used toward replicating that for dma juice so I think is this pretty solid guarantees in that okay I can leave a copy of the legislation that's the updated legislation with the city clerk and if um that's okay I can just distribute that to you that would be appreciated thank you very much with that I yield thank you councilor Council seat forecasting Liberty thank you
31:25um I was just going to ask what councilor vice president asked if there was a gap um how would you get the funding to replace these beds to purchase another property but you just explained that the only other question I have is this building is also on the um Fall River list of significant structures and the National Historic register so Charlton is aware that they're going to have to follow
31:48the rules that come along with that as far as demolition delays and things of that nature I'm not sure I'm going to just be honest with you I did not know that it was on the historic register but I'm assuming that whatever whatever's done from this point forward they will have to comply with that okay with those requirements with that idea thank you thank you counselor there being no further questions I want
32:10to thank you to gentlemen for coming down and explaining towards exactly what I really wanted thank you counselors thank you thank you so much
32:33item number four it's a resolution committee on finance meet with various parties regarding the form of a cannabis review commission and a process of approving marijuana licenses motion to lift on the table the second motion lifting tail is made by Council Dion seconded by Cancer kadim all in favor any opposed Jeremy can you please come down
33:07and please just state your name and address for the record thank you Alan Rumsey Corporation Council uh Ken fighter lower Executive Vice President of Bristol County Economic Development thank you Council C1 Council kadim sponsored the resolution thank you Mr President I guess I'll I'll kick this off it's been a little bit of a delay in having this I guess conversation so I'm trying to refresh my
33:31memory in terms of why we hadn't initially established this but I think there was um about a year ago we had one applicant who was submitting for a license that was um stating that there were some I guess illegal activity or practices that were being that were taking place and then I think the mayor had mentioned that the um he was going to establish a form of a cannabis review commission and I think
33:55that's what really kind of triggered this uh this resolution before so I'm just uh looking for I guess an update in terms of where we stand does the Cannabis review commission has it been established do we know who's on that um I can give a brief overview it'll probably be very helpful thank you a little bit out of the turn I'll start with the canvasive uh review commission initially there were individuals who
34:20agreed to be on the Cannabis review commission the idea is that commission would be a vetting commission where they would look at both the financial the finances of the company as well as the individuals so we had background checks both financial and criminal background checks nothing essentially has happened because of other reasons so let me get into where we are right now is probably the best way to go
34:43um what the city has attempted to do is first determine how many hcas are out there host Community Agreements are essentially contracts to have a marijuana company come in um there have been zero atas under mayor Coogan so everything we're talking about pre-exists what we had was 14 different contracts under former mayor Correa for 16 different locations there were two entities that had one
35:12contract but two locations which in essence for legal purposes is just the same as having two contracts so where are we now the first thing we had to do is figure out how many of these are going forward so that we can and then put them on a map we're going to try to implement zoning once we figure out on the map you know how many do we have how
35:31many more do we need the idea is once we figure out how many more are needed in the city so hypothetically and this is purely hypothetical if if the mayor determined that he wanted one facility in the South End in a certain location maybe one in the Flint would almost be similar to a bidding process where the administration would announce that they want two more cannabis facilities in
35:54these two locations and any individual wanted to could submit an application once those applications come in that's when the the Cannabis review commission would come the place so I do not know whether individuals who had agreed to join the the review commission are still willing to for example I believe I'm not 100 certain but I believe um former counselor TR Lee agreed to be on this and he was going to be the city
36:20council representative I mean it's possible he may want to stay on it as an individual it's possible that there may be a different city council that wants to be on this commission but we're not there yet so here's where we are though and I think that's what a lot of the public wants to know we've determined that there are nine active um cannabis locations throughout the city and when I say active they are either
36:45open or they intend to be open by the end of the year there are three cannabis locations that the city is attempting to terminate we sent out termination letters to seven different locations four of which have not fought back or they're essentially over three of which are there's some pushback so right now we have nine that should be open by the end of the year to potentially three
37:11more depending on where the argument you know who wins that argument excuse me do all nine have their appropriate licenses from the state the nine that I'm talking about yes um one of the three were trying to terminate does not okay okay and you know for different reasons so we're talking about nine locations potentially three more of those nine locations six are retail the three that uh potentially get added
37:40are all going to be retail um five are active locations are cultivation potentially one more in dispute to our manufacturing um two or three are medical so that's where we are right now we have nine to twelve nine ACTA potentially three more coming online what I intend to do um probably by the end this week well we've already drawn up one map with all 14 listed we can now delete four of
38:08those locations and then make the decision of where to go forward with that we can use that map to develop the Zoning for the city and then as I said once we have the zoning we determine how many more are are wanted in the city and then we'll submit requests for our applications really so just a couple questions on what your stage so the the I guess the companies you're looking to terminate are there
38:30particular reasons um and what's your what's your take is is the and I don't not privy to the HCA agreements that were in place do we does the city have the authority to just terminate four of them have been completely inactive and we're talking anywhere from three to six years where they've done absolutely nothing um I can tell you that of the four um there's relationships with the former mayor um
38:57that might have something to do with the fact that there's no pushback from them um it's the city's belief and you know there is a dispute as to the other three that they've done nothing at all as well and so we're looking to determinate I believe one of the three has put up a sign on their land saying you know future home of a cannabis facility so I mean the the question is they've done absolutely
39:23nothing the termination language and the hcas that were drawn up prior to this Administration don't have a real firm termination date they talk about renegotiation after three years but we'll all pass the three years okay and so there was no applications with the CCC or anything like that so there's no for the folks that you look into terminate I don't know their exact status I know I can discuss one um
39:49one has an application for the CCC there was involvement with the prior Administration and they're looking to get approval maybe do change who owns it maybe give it to a different family member in order to get approval I'm not sure if they're going to get CCC approval so then um my other question in terms of the number of locations we're going to give out at night I probably should know
40:15this because I was I think I was on ordinance committee maybe my my colleague MC two three four five five C five I gotta count sorry Council tells here um he was there as well because he was raising the issue on the quota we did we put a quarter of 11 on there and I think that predates you I think that was under judge Macy I understand it was 11. it
40:38was eleven right so that's the number so we we currently have nine facilities so we're gonna maintain because I know at that time there was there was a number of licenses that were up in the air that we weren't aware of so we know we have nine currently that right at least good standing on moving forward and then so would the administration be looking to once you get the zoning map and
41:00determination as to where you want it located that you're only going to have an additional two licenses um there's some question of whether or not that 11 cap is a valid cap um I think there would be a significant disagreement on whether or not that cap is valid that being said I I think the administration is absolutely willing to work with the city council to determine I mean once this city council sees the
41:21map maybe they think there should be more than 11 maybe less than 11. I think what's the what's the question on the validity of the quota um there's no zoning in place currently well you don't need zoning so so I I guess when I was going to get to the zoning question um I was just curious on how we're going to set zoning now I think we missed the boat on the zoning zoning right so so
41:45the zoning happened I think well everybody in here can be grandfathered in yes but I think we can Implement Zoning for future facilities okay and I think the dispute would be probably I thought the AG's office was requiring requiring zoning to be in place and don't quote me on the on the year but let's just say 2014 2015 that communities had to have a zoning if you're gonna if you're going to restrict
42:13the location of the facilities um originally I started as the medical and then the recreational came in so I think there was an there was an additional maybe 18 month extension on that but I know we definitely missed the vote on it so I I guess just coming back into zoning now like if I think internally if we want to say that that's what we want to do without actually
42:32creating Zoning for it I'm just I'm just kind of I guess I would just want some additional backup in terms of that saying that that's the process we can go in yeah I I have to look into that I know that there's a different lawyer looking into the zoning and then the and just in terms of the quota I think the you know the the regulations were pretty clear in terms of either if you were
42:55trying to limit it you had to have so many licenses and then we went through that process in terms of what we were going to put the quarter in I think the quarter was higher than what what our limit was the minimum the minimum these numbers could be old but it's based upon the number of package stores in the city the minimum at least the date my information here was a minimum of seven
43:13so we're in excess of that right that's and I knew I didn't remember exactly where we were but I know it was off of the liquor stores but um that's why the 11 I think when you said it wasn't valid or there's a question of Olivia I'm just I guess I'm confused by that well I think the issue would be and I would have to look at it a little more closely you know whether it's an
43:32executive branch decision versus a legislative branch but you know nonetheless I think the conversation can easily be had my understanding is just that it could be an incorrect understanding that the worry was that the mayor was selling the licenses and you know if there's a conversation with this city council the current Administration as to the need in certain locations of the city it's probably
43:52something you know both the city council and the mayor can agree that you know it is or it's not necessary right so okay um so I guess I don't want to beat a dead horse just on the validity of the of the quota I what I would say is that it went through ordinance so the ordinance uh was reviewed and you know the administration never tried to even veto it so I would say that it's been
44:12established so I think it would be it would be somebody would be hot pressed to say that the validity of the the quarter of 11 just isn't there whether it's an executive branch or a legislative branch so so in terms of the establishment of the the committee so you still need to go forward with you know obviously determining who's going to be part of that that commission or Review Committee I should say because
44:39I don't want to I don't want to confuse it with the CCC I think Mr farla is better to speak on that issue yeah so I think the at least today um the Review Committee was going to consist of uh the police chief the city planner um a member of the city council uh city of Fall River Department of Health representative as well as the city resident with medical background as appointed by the
45:00mayor so as a fine member committee at that time before a moratorium was put in place there was a pretty comprehensive application that was put in place in terms of the the application fee um in terms of the fee for um Equity applicants as opposed to non-equity applicants and what you know which would be there'd be a portion of the feed due up front and then the balance of the fee would be
45:31uh do it upon the approval of a license from the CCC but each of the applications would you know it's pretty intensive in terms of you know the names of the corporation um resumes that are principles disclosure people with financial interests greater than 20 percent you know credit checks personal tax returns uh corporate tax returns um partnership agreements if any articles of organizations certificates
46:02of corporate existence certificate is a good standing from the Secretary of State Corey checks uh resolution from the corporation of the board of directors number of positions to be created by job category hourly wage and benefit package local resident hiring policy project business plan and market demand analysis location address and physical size of the proposed project identification of the number of secured
46:30or street parking spaces evidence of project location ownership or minimum five-year lease Partnerships with local businesses and operating plan information in terms of days and hours Prem is a law monitoring entering minor control transportation and a plan identifying waste management and Odor Control so a lot of these are quite a lot of this criteria is developed from other communities these are similar to
46:57what other communities we're had in place it's not something that we can claim a total authorship of so it was just a matter of putting together some sort of a semblance of order to Applications as they were coming in as opposed to just the issuance of the um the letter of non-opposition and once this information was disseminated to the um the Cannabis review commission they would in turn
47:23make a recommendation to the city Administration as the approval of disapproval of the application okay but it really doesn't have any binding Authority per se whoever's the the mayor at that time could either read it to CCC or they could choose not to agree with them yeah so I I guess uh two final questions the um I'll go with the the first in terms of the I guess the nine potential uh
47:50license how many did you say are active that are operational uh when I say active the nine is supposed to be by the end of the year I believe there are two that are going to come online any minute so it could technically be seven but I'm using nine because they're very close and I guess the ones that are not fully operational yet um I know the legislation just changed
48:08the uh some requirement in terms of the CCC having more oversight on the host Community agreements so I'm just a little and I haven't read the legislations truly understand the impact I know I know it significantly impacts the impact fee so obviously there's no change to the three percent sales um excise tax that the the city would receive but uh rather the three percent that we would get over the five-year period
48:32impact Community impacts costs associated with that so how would that have how would that impact the agreements that are currently in place do we do we know have we had any discussion on that and it's a great question um it's it's actually being litigated in certain communities already the city of Fall River is kind of waiting to to get some guidance on this you know it's clearly going to change any future
48:57contracts the future contracts can't look anything like the existing contracts no question about that you know the question Becomes of course you know for example one of these entities that is fighting whether or not they're allowed to open you know the question is whether or not they're Bound by the terms of the agreement that's now five six years old that the current Administration never agreed to or do
49:17they get the benefit of having the HCA but with all the the new revisions that would only occur in a contract that the city would now bargain with so it's you know it's it's important contention and it's it's also a point of Revenue right significant Revenue it's gonna be significant rather be lost to the city so I guess I'm just even even at that even if they want to contend the
49:41termination portion of it I mean even even going through the process the CCC is going to have a check off and a sign off uh from the from the city anyways saying that they're uh they're abiding by all the zoning um C is probably going to need to see the um appreciation events right okay and then my final question the big question is just part of the resolution just talks about um the ordinance committee meeting with
50:04the uh the Review Committee just to to talk about obviously what we're just talking about here and then try to establish an ordinance to uh make sure we incorporate everything that we've agreed to um when do you folks think you would be ready for that to to just start having some conversations with the ordinance just just from my perspective uh for whatever it's worth I think I think attorney Rumsey has made a uh a
50:27very valid point as to there may be no need for the review commission right depending on how many licenses that you want to establish within the city right and I think there's there's legitimate questions as to how many licenses should be is with regard to demand you know I you know the the way I look at it when it's maybe it's just more instinctual there's only a finite demand for the marketplace
50:52and either you have three companies that are taking advantage of that demand or you're going to have 11 companies that are going to take but it's not going to increase the demand per se it's just going to spread out the sales amongst those people for the demand unless you have a really Superior product but the only difference in product are the cultivated products that each that they
51:15may be buying or cultivating themselves everything else is you know they're all buying the same stuff from other vendors right the Edibles and things of that nature you can get Mindy's or minties I don't know what they're called in one place in the next place you might pay extra you might pay why there but they're all the same product right so I'm not quite sure it's from a city's
51:35perspective you know and I think that's something that's really going to be determined how many you want and whether or not you've already reached them you've reached your Max and if you have then there's no need for commission if you need if you want to vet out additional applications because you think there's a need for demand for it then I think the CC at the review commission is helpful
51:54and I think you know they could be reactivated in this form or another form or something that's agreeable to all parties but you know this year I think eliminates just the issuance of those uh letter of intents to get the process right this here is a much more detailed vetting of applicants in it it separates the The Pretenders from the contenders right so somebody's going to come in
52:17they're going to have to meet this criteria which is pretty you know this is how a business this is very similar to a loan right right you got to put all this stuff together if you want to secure a loan you're talking about a license that could mean millions of dollars to people so you want to have criteria that they're going to adhere to so there's nothing finalized here we're still in a state of flux primarily
52:38waiting for attorney Ramsey in the city to make a determination as to how it's all going to shake out and then this is like I'd like to think this is something in a back pocket that could be used massaged for the future okay so I'll leave it at that and I'll wait to hear uh in terms of the direction we're going to go in I don't think there's anything in in uh ordinance committee
53:00as it stands right because I know it refers to hardness committee but we referred it to finance committee first so I can double check that I guess I just want to be on the record saying that we approved 11 that's the quota now if we want to change the 11 we can we can change it um I just I still say it's in there in the ordinance um you know again I think it was early
53:22on you know going back and forth that you know still the marijuana still had that stigma when it first uh was put forth and I think it's not to be lost that you know it provides significant Revenue to to the city so with that I think we've got to have a balance and and I appreciate what you're saying getting a map zoning it out making sure that it makes sense for
53:44the city and the development of the city moving forward um but I also if there's something that makes sense I don't I don't want to lose the opportunity to generate additional revenue for uh you know obviously to to offset the impact of the taxpayer so I'd support something like that as well so with that yield thank you Council looks like we've come a long way from the uh not one Lazy Cakes in the city
54:04just a few years ago foreign
54:20how the World Turns um this is what I'm going to say in some someone at the table may not like this but the city and attorney Rumsey we need to move on this because a year ago we had those individuals that came in that bought property that bought additional parking that I don't know what went on with some money that they gave then we gave the money back and I mean it's been
54:47a year that has not resolved itself are they on the board for that is there a reason there's a hold up we've had rumors for months about a new law potentially coming down so it made I mean we have made revision after revision after revision to the proposed contract um and even now that the law has been enacted we've been I've been almost on a every other day basis uh been revising
55:20the proposed contract because even it's not just for our new entities that come in there's I mean in theory we really should have new hcas with the existing companies because you know much of what's in the existing contracts has been invalidated by the current law so it would make no sense to jump forward with new communities um when we we're still daily changing the contract so when is it going to end that we're
55:49hoping this is a contract that is going to be a contract we're hoping very soon I think what the city is looking for is guidance from the courts right now is to how these hcas are going to be interpreted and that's probably the problem right because if you have an HCA that they enter into and also the courts make a different determination then you have to go back and revise all the HCA
56:10so if the courts can make a determination on the community but that's a determination on the community impact on what those facilities are going to give to the city but that doesn't stop us from moving forward with giving somebody permission or you know helping them to open up all this is because all you're going to do after is Ken we do that all you know we do it all the time with Tiff
56:34agreements all of a sudden things change and somebody's and then you go and you revise it then so that that's an excuse that's not well identifying which of these locations are opening or intending to open identify where in the city that would have to be the first step so I mean termination letters went out um probably at this point a couple months ago we received some feedback from our lawyers as I said you know
56:59there's a dispute as to some they don't want to be terminated and these are all things that take time and effort and you know as I said the law is changing quickly you know me I'm a let's get it done kind of person and I know that sometimes things take time but a year or months that germination let us go back somebody doesn't contact eye contact them again we need
57:24to know by such a date or something you just got to move this along I mean the way I look at it to be honest with you if the council wants to leave it at 11 leave it at 12 I look at this business as any other kind of business those that have a better product for a more affordable price are going to be making money more than others and some might
57:44even go out of business after they do it I mean I hate to see what the world is coming to that you know these kinds of things are happening but it's a change of times I just hope that we can motivate you know get this done a little bit quicker especially to those people it bothered me this comment's not directed to you counselor but just just be aware no we have 12
58:07um locations that are valid locations in theory it's impossible for this Administration if you councilman's argument that it would be improper to have an additional one so I don't think anybody can argue that somehow the city's lack of action in this case is somehow Prejudice them because it's a very strong argument that the city is not allowed to have any new marijuana facilities right now
58:33I think we could if they voted on it and to not have it that's a choice I think that's just that the legislative body has exactly there's a finite number of package stores there's a finite number of liquor license as a finite number of certain things but but I'm just I'm just saying I think ultimately if the council decides they want to have a hundred I'm just hopping 10 20. whatever then that's
58:56that's that's you know it's even like liquor licenses like you wait all this time to get a liquor license for a restaurant that's opening you want beer and wine and you got to wait or people that have them then they sell them for big money if you don't need it anymore I think it should come back to the city and then the next person in line gets it but honestly beer and wine at any restaurant
59:16why not you know sometimes the Caps they put on to me you know you have a restaurant that Waits a year to get it that's crazy you know go to other states you can buy beer at your Stop and Shop or whatever Walmart whatever I think there's legislative that's a question so that's one of the questions on the ballot yep I'm ready to check that yeah not that I drink beer or wine but it's
59:42just more convenient for people but I don't know I just I get it Wheels turn slow I get it attorney Rumsey but then I feel for the people who are trying to start up something and things taking so long with that I yield thank you Council Council Diane clarification says I know delivery only facilities um which obviously would have an impact on anybody who would be established in the city
1:00:19um I don't believe they're subject to the three percent impact fee um where is that at this point is that something that's being entertained how does that fit into the scheme of things because I think that would be a detriment to the city actually well the answers they're currently none I know there's been discussions of whether or not the city wants to allow them but right now there are none in the city
1:00:40the the way the commission the review commission was established is that it would be this type of application process would be um applicable to cultivate as manufacturers research facilities retail marijuana retail and marijuana deliveries services in cannabis cafes because that's another portion of the legislation that is now valid that you can I don't know if the state has actually issued any but legislatively
1:01:08you can do a Cannabis Cafe which is similar to your uh you know a bar or restaurant where you're just going in and you purchased them I don't think you can bring in your own product I think you got to purchase the process product there and also consume the product on site but and I don't think there can be alcohol served there as well so you know so those so to your point whether it's a
1:01:32delivery service a Cannabis Cafe an application like this maybe with some refinements I think would be a good place to start so as part of the zoning that's something that can be addressed I mean because if if theoretically we're discussing uh putting a limit on the number of facilities then would we entertain somebody who's not in the city who's delivering into the city that to me that seems counter
1:02:00uh productive I know delivery is a Hot Topic but I believe um that if delivery is permitted outside the city that they would be allowed to deliver in the city I don't think the city of Fall River can prevent that from happening
1:02:21that's correct um I think there's only a couple maybe a handful of delivery services I think one of them is now the cape and I think they have the ability to go all through the cape with deliveries okay thank you yeah Fairhaven we did receive a letter of some two gentlemen thank you we did receive a letter maybe about a year a year and a half ago about two gentlemen who had a company
1:02:49one of whom was an attorney from New Bedford Name Escapes me but that they were doing that hey we have doordash now so I guess it's an option with uh yeah so is it my recollection that the city does is not aware of anyone delivering up currently no nobody can deliver in the city right now not not legally foreign
1:03:25yeah just a quick question so with the new change in legislation what are we expecting as a loss from this I would be in a position to answer that um as I said you know there's there's some question or that remains whether or not that existing facilities are are still Bound by the original terms of their contract or not it's too hard to say at this point was was there an original was there an
1:03:50original estimate back before I got here of how much revenue would be generated from these facilities I'm sure there was but I'm not sure what it was I think it's in your budget right you've got a line item for priorities it's been in the last couple years yeah I don't know what I thought for for the community impact fees yes yes right okay 9.1 1.2 I don't know any further questions
1:04:26thank you well to start off I always believe that seven was the number and the administration at the time decided that um making good money on the side and so we'll uh put a few more out see what comes in and that's exactly what happened believe one of them was a family member as well but I think the city has dragged their feet so long with this that committee should have been set up already I mean
1:04:59you got nine or possible 14 going and there's no committee I mean it's crazy and to say you're going to put 14 maybe 14. you got to be kidding me I don't know how to be supermarkets you cut in four rooms you don't have you don't have 10 you're going to have all these marijuana businesses in the city of Fall River and you got Swansea Summers that you got Seekonk you got
1:05:25thotment uh Fairhaven all the way up I don't know how many they're putting in I'm sure they're not putting in one of maybe they're lucky if they get one or two here we are with a possibility of 14. and you're absolutely right Mr Fiola you know I always go different places in the city and I drive by the foot of a line one and I see the difference I used to be packed with cars attacked with
1:05:53cars you had to get a cop there there was congested it was a mess not no more slow down it slowed down and we already should have everything in place we should have had a solid number a solid number hey here's what we're going to do here's what we're going to give you if you fit the bill you've got it here's the number was it seven was it 11 now it's 14. it's crazy and there's a
1:06:24possibility of more no we've got to put a number on this it should have been done and set in stone will only have so many and I like to hit the issue about delivery that's crazy that's crazy you're gonna deliver again you're going to hurt the other companies as well I mean they're going to do a little less and a little less and a little less and you're right who's going to deliver you don't know
1:06:53it's a regular guy or under the table or whatever you know hey I'm delivering marijuana the coffee well okay I guess you could deliver marijuana maybe it's a good part-time job on every Tire here I don't know but it's a mess and uh Mr Rumsey I mean we should have done something before this you well if I can respectfully I'm not sure that this city council could decide on the exact number I mean
1:07:21I just want to make clear that number I had a number a long time ago a long time ago they pretty well said about seven all right it went up to 11 because of the mayor because what was going on that's why they went to a living now they're up to 14. it's crazy absolutely crazy but uh you know we got to do what we got to do but you
1:07:43got to do what you got to do and and getting that Community together is very well just disappointing so just so we're absolutely clear so the 14 potential licenses it's 12. the number's 12. I'm sorry 12. the 12 potential license out there we're all by virtue of letters of intent that was signed by the previous administrations right whether it was the Flanagan Administration or this industry uh the career
1:08:10Administration those by virtue of those letter of intents that allowed them to proceed with the application process on a state level so this review commission doesn't have anything to review on those 12 previously authorized letter of intent the city had to find out how many because nobody really had a good handle as to how many letters were actually out there they had an assemblance of an idea
1:08:39of what everything else but it has taken some time to figure out who had licenses what licenses are valid what license or who may be looking to proceed who may not be looking to proceed some people are getting these letters of intent and just trying to sell them off as well as well to to another party without having to go through a process so it's a complicated issue and I understand the frustration
1:09:03but I think there's at least there people are wrapping around the situation there's a better idea at least we know how many letters of intent we're out there and now there's a process to figure out how they can go forward if they're going to go forward and then ultimately you know if a new applications come forward we have some sort of better process than just the issuance of the letters of intent like
1:09:25the problem is with the letters of intent there was no sunset provision right so as a question as to whether these letters of intent were eternally valid it sounds like say okay here's a letter of intent and if you're not in operation if you don't have CCC approval within three years you're no longer valid that you don't have that so it just keeps it was a very poor process and if I may I believe I've heard
1:09:49numerous times I don't personally know this but at the state level the CCC held up Fall River applications for an extraordinary long time because of the trial and everything associated with it so it's it's not all the blame on the city of Fall River here I just think you know again the council will ultimately decide right now it's 11 whatever it is if there's more then I think that's within your prerogative and
1:10:12then well I believe if it's 11 we should state that it's 11 and that's it unless you get a little provision after that no 11 11 is fine now how about uh the people who went out and got the letter of intent with the money backing them up so here's the money and I need a letter of intent what happens to them guys they're still trying to get a marijuana shop going and they bribed
1:10:40the city I mean the man I mean I didn't hear nothing about that I mean there's money flying around all over the place and uh and they're still going to get a license maybe they're still working on it I know I know they are but you don't hear nothing about that so what happens in that case do they bring them to court I'm not aware of anybody who was implicated oh come on that has a license
1:11:04you don't well let me tell you James will get a lot of money and let me tell you you're not paying these lawyers with peanuts he's not getting these good lawyers because he's got a lot of money or his parents got a lot of money he's got money to pay these lawyers for everything that he needs he appeals in everything excuse me let's stay focused on the subject and uh I said well it's marijuana and uh
1:11:33I think it went the wrong way and uh nobody's watching whatever we're watching everybody's watching and you know when I drew the number of people says hey you're right absolutely that's the number it should have been but they went to 11 and we know why okay all we're looking good so what are we going to do about it we're gonna drag our feet and drag our feet uh we got to come up with a number
1:12:00solid number here's what we got and you can't get it if they're all given up that's it it's like the liquor license you know there's a hundred liquor licenses uh if you're waiting for one you can buy one and the guys want to sell I know guys solely licenses for four hundred thousand other than good they were trying to retire and they retired that was good so you know people are going to
1:12:24have to wait but can they all survive that's the thing as well can they all survive with everything that's going on so many in the city there's a lot in the city and the suburbs you know everything else so who's going to make it who's not going to make it the money is good that's okay I didn't know there was that many people in Fall River that smoke marijuana
1:12:49I go to the car wash it smells like marijuana you go here and that's it you know uh but they do what they want you know you want to drink you drink you want to smoke you smoke and it was tough to get marijuana you know it was illegal not was legal so you see them all coming out of the holes sure ties and everything you know dress not dress lawyers doctors you know
1:13:15and who knows that you know what else who else you know but uh I'm not a fan of it I know what I could to try to keep the numbers down but I'm hoping that you guys can get together and get the final number so we can know what we're doing and get if you want to get the committee I think it's too late for the committee the committee that's why he said really
1:13:39community may not have anything to do if you come up with a final number right coffee and donuts maybe a son and what are you going to talk about it's already out and that's it it's too late without I'm not going to say anymore let's move on that's all let's get it done move on and see where we stand with that ideal thank you thank you I think we can all agree that the process has
1:14:00been nothing let them the disaster beginning to end but I do want to get one thing clarified I know the council said that initially there were 14 and then I believe you guys said there were 12. now we're at 11. so what is the number two as well now it's 11. they were what I stated was that there are nine that we expect to be open by the end of this year
1:14:26um there are three kind of um they're they're fighting our attempt to terminate them so we're our number is 9 to 12. 9 to 12. and so some of those correct me if I'm wrong but some of those the nine will also have a couple licenses they could have a retail license and a cultivation license correct two different two different locations of the same location and no for example one location could be both retail in
1:14:51cultivation okay so I mean one thing that the the cap of 11 even assuming it is valid but have to be more precise because it gives no guidance as to it's is it you know 11 locations is it 11 licenses is 11 entities uh it's extremely vague and would be difficult enforce as written even assuming that the 11 number would be a valid number otherwise okay because you could have a place that has manufacturing cultivate
1:15:16cultivation manufacturing medical medical delivery right so that's that could be four licenses right there one location so do you do licenses or you do locations right so some of that also has to be vetted out so just a quick question how long I mean like I know the conscious and I agree with the council we want to get this wrapped up as soon as possible but how long do you think
1:15:36this is going to take is it we're talking years or months well I think the language of the new contract is is pretty much completed um we're fighting over some very very minor details at this point um as far as plotting it on a map I think our numbers are good enough now um we're we're you know we can plot all 12 on the map at least for planning purposes even if it's in the number the
1:15:58actual number ends up being nine um attorney Thomas has already been working on an ordinance for this council's review so I mean honestly I think it could probably be you know the real question is going to be whether or not the city wants anymore but assuming the city did want any more I think a process could be in place within probably somewhere between 30 and 60 days okay there's been a ton of work up
1:16:24to this point I know the city council may not see the work that's that's been taking place but it has concert seat seven continent Council Washington you answered my question you asked Michael I was there was a lot of numbers so I was like nine plus three minus three for fourteen so it's 11 11.
1:16:45well so I yield to you thank you constancy one concert team thank you I was just going to clarify um just a couple of things so the first the limit was on retail so all the other I think whatever the minimum was for all the like this distribution was broken down separately um just so I just want to get it on record in terms of whether or not the legislative body had the authority to
1:17:08put the limit so I'm pulling this right from mass.gov on number of marijuana establishments in the municipality a municipality May restrict the number of marijuana establishments in this community but it must follow certain procedures to do so a municipality may pass a bylaw or an ordinance limiting the number of marijuana retail retailers to 20 or more of the number of liquor licenses issued pursuant to General Law
1:17:33chapter 138.
1:17:3515 commonly known as package stores package stores in that municipality so it goes in so it's ordinance so we've established the ordinance the RNs can only be established by the city council so if anybody's questioned the validity of it great so if that's the case and the audience was not vetoed by the previous administration it should be incorporated into the city audiences right and I think it is is it let me
1:18:00show you the 11 because it was established the conversations that we had were in uh awareness committee okay so you might if you have questions though on the on uh you know the uh just the distribution facilities and things of that nature I forget how many licenses we included in that okay I don't know if it's one of each or three of each but whatever yeah yeah thank you thank you Council seat
1:18:24three Council Kobe the only question I had uh triggered the conversation between you and Council belter so are there any potential vendors who were implicated with the form of Mayor that are still pursuing a license I don't believe any of the nine that I expect to be open by then this year have been implicated I do know that one individual as I my understanding is just that I could be incorrect that his
1:18:53application is still pending before the CCC because of involvement we have sent a termination letter to this individual um you have okay that's my next question um they are not accepting termination they they will fight it if they get CCC approval it's my understanding thank you you counselor yes thank you Council motion to it you're in finance there being no further question it's an emotional to generate because
1:19:20of Washington City College Community Finance in our journey the regular city council meeting will begin in five minutes
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1:31:16counselors Kadeem Leon here Sylvie here by Liberty here Pelletier yeah Ferreira here proposal here Washington here and president Camaro here will everyone in the council chair please rise for a moment of Silent prayer
1:31:40will everyone please remain standing for the flag I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one Mission under God indivisible with liberty and justice for all of course
1:32:09pursuant to the open meeting law any person may make an audio or video recording of this public meeting or may transmit this meeting to any medium attendees are therefore advised at such recordings or Transmissions are being made whether perceived or unperceived by those present and not deemed acknowledged and permissible the first item before you have a mirror is the mayor requesting confirmation of
1:32:32appointments to the special Charter Review Committee we have Paul Machado Tracy L Almeda Catherine M nemkovich John R Mitchell and Michelle Mimi larabee by Council Kilby seconded by Council Pereira on the motion concert C2 count to diem yeah I have a couple of issues one being if you read 10-5 in the city Charter page 76 notwithstanding section 9 6 of this Charter not later than May 1st and the
1:33:1450th following the adoption of this Charter the mayor city council shall provide for review B to be made by the city Charter so here we are five months beyond the deadline violating the charter essentially um further in in here it's appointments shall to the most practicable extent assured Geographic and demographic diversity of the committee's membership I know we're not at the choice that the
1:33:44um other four choices but if collectively if you look at the nine I don't see the diversity I don't see any Hispanic representation I don't see any report any representation of the Cambodian Community I don't see representation of many segments of our community um so I have a problem with those things that I don't feel that I can support this committee because um and especially the fact that it was
1:34:14supposed to be done five months ago and it never happened with that I'll yield for now thank you Council motion has been made and seconded roll call
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1:34:42Dion no Kilby yes liberty no Pelletier no Herrera no proposal no Washington yes president Camaro yes the motion fields okay um is this one of those that we need to make a motion to reject otherwise it goes into effect I just want to make sure Mr President can I ask that item three come next as some individuals need to leave and requested that second most has been made for item three for
1:35:25the means taken out of order items to be next by Council second by counselor Kadeem all in favor sure item number three is the mayor's community education and home rule petition regarding the ACT authorizing the fall of a housing authority to convey a certain parcel of land to South Coast Hospital Group Incorporated motion adopt second motion to redeem a second all in favor or do we need a roll call
1:35:54for this welcome I would suggest that you have a roll call on this man roll call please this would be to adopt councilor scadim yes Dion yes Kilby yeah well Liberty yes Pelletier yes Pereira yes proposal yes Washington yes and president Camaro yes motion carries
1:36:24you can go back to item number two item number two please yes the mayor's communication and the financial order that the sum of fourteen thousand nine hundred fifty three dollars and twenty eight cents B and the same as hereby transferred to the elections expenses from general fund Reserves motion to a doctor of America second by Council Kadeem on motion all in favor aye any opposed the item carries item number four
1:37:02is the mayor's Communication in an order accepting a gift of fifty seven thousand one hundred fourteen dollars for the Fuller of a fire department from precise packaging to purchase two chem Pro X handheld chemical detectors motion to adopt second motion to talk to me because of Pelletier on the motion constitute six counts of proverbial question I would just suggest that the clerk send a thank you letter
1:37:27on behalf of the council with that I am thank you Council will you please motion has a meeting seconded all in favor all right any opposed motion carries item number five is the proposed ordinance that relates to the reorganization of City departments um for Passage through ordination as amended motion will be passed as ordained as a second motion to be passed as ordained as amended by Council Kadeem seconded by
1:37:57Council Kilby any discussion all in favor I am any opposed whereas concerned citizens at a recent Niagara neighborhood association meeting spoke about flooding issues that are affecting their properties and whereas these residents live in the Grinnell and Jefferson Street areas and whereas they are seeking assistance and how this can be resolved and how the city can address this issue now therefore be a resolved
1:38:25that the Committee on Public Works in transportation meet with these residents as well as the administrative Community Utilities in the city engineer to seek resolution to this issue
1:38:46any opposed the resolution carries where is the city of Fall River has 29 parks and playgrounds and criminal behavior in these areas has become a growing concern and whereas installing cameras in these areas should take priority to ensure the public safety to deter crimes from taking place and whereas surveillance cameras allow police officers to view activity and verify that parks are safe and secure
1:39:15now therefore be resolved that the administration considered the use of American Rescue plan act funds to install cameras in all parks and playgrounds to ensure the safety of our residents foreign
1:39:39thank you that's all well and good you take the money you spend it you're gonna have the cameras out of it for the parks but uh who's watching it I mean do we have the people to watch what's going on in all the box I don't know I mean uh that's that's the whole thing are we spending money for nothing I'm not that's that's the whole thing if we get a guarantee someone's going to be
1:40:03watching the cameras all well and good but today watch the cameras after something happens that's the thing you got the cameras there to to make sure nothing happens then when it happens then you go review the camera it doesn't make sense with that idea thank you thank you because the country success I really hate hate it hate it hated to put this resolution in because I don't know what's happened to us Society
1:40:29but when I was younger my house though was never locked I didn't have a key right now all my doors are alarmed keypads on everything surveillance inside the house video cameras outside the house it's crazy I don't know what's happened to society there are cameras that if something happens their SIM card denim where you can go back and you can look and see what happened it helps the police it's
1:40:55another tool for them but you know what's even worse is that we all passed Opera funding for the quicker Chan rail trail to be extended but yet I walked that trail and I have people that I meet on the trail who are afraid to walk on the trails I mean the other day I was walking on the trail and when I went over Jefferson Street and you go through that
1:41:22tunnel there was a guy that jumped out he wanted to know if I had any change on me hey lady you got a buck you got any change I said no I just have my phone and honestly I keep it on 9-1-1 so if I need to press it I can I walk I don't have money on me but that's that's not fair we build these beautiful areas and beautiful parks for
1:41:43the enjoyment of our residents to be frightened something has to be done and if it means that they're going to be at the police department we're on a monitor then so be it that's why I have the administration looking at it what is the cost of it going to be can we do them with a solar powered do you do them like others we have in the city that if something happens you can go back and
1:42:07you can see what went on and if people know that there's video surveillance and you you know leave signs there that you know this area under video maybe that will deter some of the crime but I just want the mayor and the administration to look at it and see I just really hate to see that our society has gotten to the point that we have to put cameras all over the place and just
1:42:33uh Sunday we had breakfast a few of us had breakfast with the mayor of uh Punta Delgada they are putting cameras in the center of Punta Delgado because of the crime rate that's happening there as well people come from Villages and even if they're in shelters they have to be in at seven be out at seven at night they go to the center city to Panhandle and crime is committed as well I mean we're
1:43:00not suffering this alone it's all over the world we just have to figure out a way to give the police the tools to stop these people from thinking that they can get away with this with that I yield okay thank you Council Barrera just um expanded on this we're just asking the administration to consider it and I'm sure they'll do all their due diligence on what that would cost and and who
1:43:25would review the cameras if there was an incident so but that'll yield thank you Council counseling C two Council Dion yeah I guess that was part of my on the face it's a good resolution obviously we all want the children and the people in the city to be safe um the question being um you know 29 Parks how many cameras does that mean yeah I mean one camera and a pocket is going to do absolutely nothing
1:43:54um you know what's the cost um you know moving forward yeah I think yeah there's just a I think it's a good idea but I think there's a ton of questions to be answered and before uh any decisions can be made on this that's all I yield thank you thank you councilor I don't know how many of you have been to the state of Rhode Island but there's cameras in school zones and
1:44:15if you travel over to speed limit in a school zone you're going to get a ticket this Camp is at red lights all you're going to get a ticket so the cameras are being used in a lot of different ways it's most of the help of the police and the crime and keep the citizens intact and I am I I don't I'm not opposed to him just a thought I support it and I'm
1:44:37going to be voting for it but I would offer an idea for an amendment um I don't know the uh this will come from Bristol County Hopper money I'm assuming and we'll have a vote on it so my point is I wonder whether whether or not we should put a timeline on it and uh the resolution as the mayor within 60 days to get back to the city council with um you know with his
1:45:04opinion on whether or not this is feasible whether or not it's cost effective whether or not the cameras are um you know doable so so I'll offer an amendment within 60 days that he get back to the city council in terms of what his opinion is on this uh this question whether maybe a cost estimate it'll answer a lot of our questions I believe so ideal Mr President point of
1:45:29clarification are we are we asking to go from the city output funds or from the Bristol County Opera fund accounts either or tonight I just asked that it come from Oppa funds I don't care if it comes from the city or Bristol County just from part of the entire review that comes but I have no no opposition to the 60-day having an amendment I'd support that amendment I think it's a good idea
1:45:56and seconded by Council Kadeem any further discussion on the amendment second motion to adopt as amended has been made and seconded all in favor aye any opposed motion to adopt the resolution can you opposed do you guys have it quick item eight is a citation for Jim Lopes second motion to adopt a sanitation has been made and seconded on the motion content success I just want to uh let
1:46:38the councilors know Jim Lopes who works down at Heritage State Park he was just awarded an innovation and interpretation award I've got to tell you what he has done down at Heritage State Park and different events that he's had there Sheila Oliveira was there with a number of paintings he's just done a remarkable job um and sometimes you know we have these secret Heroes like at Heritage State
1:47:06Park at the library we don't give them enough kudos for all the work they've done so I will be giving him that citation on behalf of all of us with that I yield thank you because For the record that motion was made when it comes to Kadeem to accept and Council seconded by Council Kilby motion remain seconded all in favor aye item nine is the request for the curb removal on behalf of Romano real estate
1:47:32trust Max Harrison Trustees for the removal of 76 feet on Newton Street in 24 feet at 323 William S canning Boulevard so moved second motion has been made by Council Pereira seconded by councilor kadim any discussion not seeing none all in favor aye any opposed motion carries item 10 is the warrant for the state election to be held on November 8th motion to adopt second motion 2000 by Council Dia and secondary cancer
1:48:04proposal all in favor aye any opposed yeah motion carries item 11 are applications for the auto repair shop license renewals for Jody Oliveira and Joseph bilan Dion all in favor aye any opposed item 12 is the police chief's report on licenses um we did have one applicant who was approved by both the police and fire department denied by the deputy collector in our city collector the
1:48:46deputy said that the person had a final notice excise bill for Fall River that was issued on February 8th of this year so let's go regulations motion eight months ago again I'm sorry they had a final notice excise bill for Fall River issued on February 8th motion to deny until she pays a fees I can we put into a committee we can make a motion to approve pending uh with the conditions
1:49:21they have a bill it's it's not a year old but it's they're saying that there is an outstanding exercise from February well let me just say you know many outstanding bills we've seen that the city hasn't cashed a check in time it becomes outstanding I mean I got one so it's like you know it happens I don't know if we should hold it up for that but Council Street six hours per hour I
1:49:44mean my question is if she has a bill to pay don't you want her to have a job to pay the bill exactly I mean it's a little tough is it like a crazy amount a bill do we wanted to go to a committee to give her a time not just tonight or prove that it's an excise tax on a car exercise we do have an we do have the order
1:50:08Ed failure to pay taxes or charges it does say over 12 months so I didn't speak to the deputy myself he did send so I was a little confused by his email myself um because it is not 12 months ocean to approve the subjects of the payment of the outstanding exercise second we typically do contact the person I'm sure the police officer who denied it would agree with this um um
1:50:42did that be also within 12 months of the citation see in the ordinance States it has to be within 12 months right so it would be amended that approval contingent upon payment within the 12-month by February by February 2023 they would have to um they would have to pay it within a 30-day period anyway once they apply for this license they need to pick up their license okay 30-day period anyway so thank you uh favor
1:51:16aye any opposed carries item 13 is the city Engineers request that excuse me the order requesting that the city engineer prepare plans for the acceptance of Courtney Street extend extending from Highland Ave to Fieldstone Lane motion to refer to the final board will be appropriate motion refers to plan the board has been made Beyond seconded by councilor Washington all in favor aye any opposed
1:51:52motion carries you contact this going back to the last one uh Lisa yes medulla and let her know that that's the case oh yes we that we we always do that thank you yes item 14 are claims motion referred Corporation Council corporations Dion favor aye aye any opposed motion carries item 15 is a request from a city resident requesting no parking signs on Bigelow Street no motion notion would be referred to
1:52:31the traffic commissioner yeah I'd be Mr President you can speak once I have a motion in a second counselor for a traffic commission motion is there a second second second by Council Washington on the motion concert seat five Council yeah the individual resident wants it to go to uh real estate and the problem up there is unaccepted Street and the neighbors are feuding the residents are parking in her grass
1:53:03so it's it's it's something I don't know if the city can put no parking signs there but uh there is I think a resolution that could come out of it to move the fence I think it's it would clarify everything because the next building up to her it's got the frontage she never took the frontage so she's been fighting this for a while and I think we can do something whether
1:53:31or not the city can put the signs up I don't think so I don't accept the street they won't put it up maybe we get another Avenue to help her out with that ideal so you suggested we refer to the real estate committee Council yeah motion to refer to real estate committee has been made by Council Pelletier executed by Council Dion all in favor any opposed motion carries thank you
1:54:00of a request from the city engineer to open a street less than five years old at 170 Purchase Street promotion to approve motion Council Kadeem seconded by Council Kilby on the motion all in favor aye any opposed to post um you know I've I hate talking about the floor they always give people a building permit so now that the home is built how do you not allow them to open the street building permit should only
1:54:33be given and people should be made aware that the street was paved less than five years ago why do we have that then why do we have that you can't open the street after uh for five years let's scratch scratch it right off of the ordinance book because they give them a building mat and then what do you do say no it's ridiculous maybe we need to send a letter to building that when they have
1:54:55all those check off boxes for somebody getting a permit one of the boxes need to be when was the last time the street was paved it doesn't make sense then the other people on the street complain because now you're digging into a brand new Street I felt better getting that off my chest but with that I do I'm glad to hear that I do agree maybe I will write him if we
1:55:20could write him a letter uh Colleen that they might want to put that in the building department remind me I'll drop something and just remind me sometimes I forgot with that I yield Mr President but I feel better the Liberty thank you um this is the land that they built they haven't built anything yet so this is part of the process they have the site plan and they they gave it to us so they're asking for
1:55:44it to be opened as as part of the process without a yield then I'd say thank you then I oppose motion to approve I made who made the motion come to see what comes with their second out of motion count to C3 Council kill B on the motion to approve all in favor it's opposed Council six Council prayer opposed motion take item 17 to 21 together a second motion to take items 17 to 21 has been
1:56:23made by councilor Kadeem seconded by Council proposal all in favor aye motion to approve after reading second motion to approve items um 17 through 21 has been made by counting second by Council Washington all in favor aye any opposed motion carries so item 17 through 21 are minutes of the city council we have the committee on finance minutes from September 13th and 27th we have regular meeting of the city
1:56:56council on September 13th and 27th and we have the special meeting of the city council held on September 16th we already did for us that item number 22 is the Department of Public Utilities public notice of a public hearing for National Grid for approval of an alternative basic service procurement plan scheduled for this evening councilors were notified previously motion accepting place on file second
1:57:26most accepted place so far here by Council Kadeem executed by Council proposal all in favor aye any opposed and Carries item 23 is the notice of the Department of Public Utilities for a public caring for National Grid for three-year Energy Efficiency plan scheduled for October 27th motion to accept and place on file has been made by Council Dion second by Council Kadeem all in favor aye any opposed case
1:57:58and the request of the traffic commission recommending amendments to traffic ordinances
1:58:12all in favor aye carries have a citation for core Bishop Joseph Cato for the celebration of his 50th Anniversary being ordained to the priesthood um all in favor aye motion carries any opposed okay we have the city council order appointing the following individuals to serve on the special Charter Review Committee we have attorney Rena Brown Timothy Campos Daniel robillard and City
1:58:54councilor Laura Jean Washington motion to deny motion to on the motion constitute yeah it's basically the same argument that I gave for the original uh appointments that came down from the administration violation of the charter should have happened six months ago that I don't see the diversity and with that I yield thank you Council just for the record I mean I was notified about this
1:59:28I think a week ago and I had to make that appointment so it was well I did it yeah I get you again I just want to make let people know clearly constancy four Council of Liberty yep so um councilman seat two and I had reached out to Corporation Council um back in May when this was due and um questioned why there were two sections of the charter this particular section I'm requesting this has this
1:59:52committee meet um have public hearings put a whole report together and then there's no action taken on it and then again in 20 25 years another committee meets with all different makeup of members they go through the same thing they put a report together and then that report is acted on um so my question to Corporation Council was how are we going to ask all of these people to spend a year working on this
2:00:20and then it's going to go and sit on a shelf somewhere we actually also reached out to the state delegation we spoke to representative Fiola and Sylvia I believe in person and asked them about I'm changing this section of the charter because it seems a big ask to ask people to do this for a report that according to how it's written doesn't have action taken on it that's why I'm neither the sixth floor or um
2:00:50comes from C2 and I put the committee together and we time that was passed on to all the council members as well that I yield I wish I had a noon I wouldn't put it was sent by email when was it sent excuse me in May is counseling Council eight Council Washington so I'm I'm perfectly fine I think that's if there was no action taken on this this is late putting the Committees together
2:01:20but I do have to um point of clarification from Miss Dion when you shouldn't assume people's ethnicity um myself it's people have uh you know questioned ethnicity and don't really know so my father his family is of azori descent they're from San Miguel my mother's family is from Chihuahua Mexico they are cattle ranchers so I always question people not to assume people's ethnicity it happens to my daughter
2:01:44quite often so just point of clarification on that you your counselor I yield thank you constantly two counts again I think my point was more that I didn't see diversity diversity the full diversity of this city which I did make that statement also no uh offense meant but uh we talk very often about needing much more diversity and more extensive diversity I agree but I'm just talking
2:02:14for myself no thank you thank you I agree with both of you I mean you know you can't really tell someone it's diversity or their culture by their name specifically um I speak four different languages in my family um and with a name like Camaro who think it's a strictly Portuguese but it's not so it's different um and as far as getting people to volunteer on committees like this it's very difficult to get members to
2:02:38volunteer period forget about trying to get people from different ethnicities and different diversities um it's very difficult to do but hopefully we'll be able to pull it off and I agree with constantly or if it's not necessary they're not going to make it do anything what's the point of having a committee established to do nothing it makes no sense whatsoever and again it's one of
2:02:57the great great uh articles in our great Charter that is nothing more but another disaster because of C2 yeah I just want to make one more statement and also this body has the ability if there's something that we feel is uh that does need to be addressed that this body can put in for changes in the charter through a homero petition as well but by the one that we just didn't
2:03:21approve this body right here oh this body okay Council has the ability to a whole uh petition to make changes to the Charter we always had that that's right so in other words too late for a committee to come up with we think there's 10 things wrong with the charter we feel there's something significant that should be changed we can move forward with that that was the entire argument against the charter period that
2:03:46this body can always make changes to the Charter says that you need to put pick so many people the man needs to pick so many people it should have been done in May it wasn't done in May but now it's here can we figure it out go back to the administration yourself pick out names that show diversity what have you and let those people work at it and they can
2:04:12come in and tell us what they feel is really bad with the charter and then we can vote on it we can get a homework petition that way just to say we're not going to do anything about it I mean I I really think Bachata is very confusing and every time it's gone to co-op the city has lost so I don't know I don't know what who the attorney was that they had working for them but
2:04:34clearly it was supposed to be somebody who was involved in the Jada I watched those Charter commission meetings attended them and I wish that they would have listened to Danny robe a lot a little bit more so I was really happy to see his name on here because he gets it that's why I asked him to be on it yes and you had to have somebody that was on the charter before what have you but you
2:04:53know you want to deny it deny it but I would kind of table it to you we figure out what we can do that it comes back to us here's the problem because we're tabling it right we have counsels that say it's already past the deadline that they're not going to prove it because we've already in violation to the charter number two regardless of who we present if they don't feel that the
2:05:09people are diverse enough or qualified enough or have a good deny it so we could be denying it forever so for the night now then we'll just wait and see what what's going to happen what's the penalty for not having it committed together there is no penalty no there's no penalty so what's the point of doing it but that doesn't do what we need to do for the community this Committee in review
2:05:31so therefore it's probably a waste of time but listen I'll do whatever the council wants me to do whatever the will of the country I would sit down with the man trying to figure it out how can we get names if they're diverse that people and if anybody on this Council knows of somebody from a different ethnic background that would want to uh participate in this please let me know right let people know let people know
2:05:54I mean I've asked people and they didn't want to have any part of it they didn't know enough about it they didn't feel comfortable they just don't want to do it another committee I agree all right with that idea thank you Council we did vote on that correct
2:06:18motion to deny motion is to deny and it's made in seconded who made the motion secondly just put it down Council Dion and counselor Liberty I'm going to approve this one I I use that around here on the motion to deny council's kadim yes Dion yes Kilby no validity yes Pelletier yes Pereira no reposo yes Washington no and president Camaro no the motion carries item 21 is Corporation council's
2:07:01response to the open meeting law complaint filed by Patrick Higgins regarding the August 16th violation of the city council motion accept place on file was made by Council Kadeem foreign any opposed motion carries item 21b is Corporation council's response to the open meeting law complaint filed by Jeffrey gadro regarding the September 16th alleged violation by the city council motion except play something special
2:07:35acceptance Kilby all in favor aye any opposed motion carries 21c is the corporation council's response to the open meeting or a complaint filed by Colin Dyess regarding the September 16th alleged violation by the city council motion accept and placed on file socially places were made by Council Dion second by Council proposal all in favor aye any opposed motion carries and lastly we have item 24 which is the
2:08:09Fall River Redevelopment authorities um communication regarding the waterways application to construct and maintain a public marina
2:08:29any opposed carries until we have Mr President today made by Council Kilby taken by katroposo all in favor any opposed good night everybody motion camera