[Music] over [Music] over hey hey hey oh hey hey hey hey hey hey heyy [Music] [Music] [Music] City col comme Finance please come to order clerk will call the RO councilors kadim here Dion here Hart here Kilby here Perera here Ponty here raposo here Samson here president CRA here pursuant to the open meeting law any person may make an audio or video recording of this public meeting and may transmit this meeting to any medium attendees are therefore advised such recordings or Transmissions are being made whether perceived or unperceived by those present and not deemed acknowledged and permissible we have two individuals that have signed up for simp time first we have Alexander syia Alexander Silva sorry subject matter demolition delay ordinates you all understand you have three minutes correct yep yes hello Alexander Silva 148 purchas Street I'm also a member of the board of directors of the preservation Society of Fall River members of the city council the preservation stud of Harver thanks the council and the administration for reexamining the city's demolition delay ordinance to help better ensure F's historical and cultural resources are not carelessly destroyed at the city council subcommittee on orance and legislation meeting on April 16th representatives of the preservation Society detailed some changes uh that we thought would better help protect the city's uh and residents best interests the preservation Society appreciates Corporation council's support uh for the recommendation to increase the length of a demolition delay for City uh historic city-owned properties currently from 6 months mons uh to a year this is an important step but only a step uh at the subcommittee meeting we recommended that the most important change the city can make to the its demolition delay ordinance would be to change the process uh so that the community has a better opportunity to learn and about the demolition plans uh verify good faith efforts and possibly come up with a solution to protect the city's historic and cultural resources uh our sister city of New Bedford does this by having its historical Commission advis its City Council on the demolition delay ordinance with the city council weighing in on these important decisions in a more public setting and ultimately having a final vote uh we have sent you earlier today the new bed for demolition delay ordinance for your review uh it's about seven pages long there are actually 18 steps in the procedure for the city to follow to uh issue a demolition permit for that the preservation society believes that new bedford's demolition delay ordinance better reflects the ordinance farer should duplicate if the city ever hopes to capitalize on its history and culture similar to how New Bedford has especially ahead of Redevelopment efforts along the waterfront downtown and Flint neighborhoods uh thank you for your time and consideration sincerely the preservation Society of forers board of directors thank you very much next we have Kelly Buchanan subject matter elal encampments good evening all I'm just back to see where are we I know the last time we I came to the committee meeting there was three of us three of you guys here with the attorney he was supposed to do an ordinance it is getting back it's ramping back up Paul I know you've seen it firsthand with me as well as Michelle I'm not sure if anybody else went down that area it's disgusting and it's getting really really bad again I mean I just want my Safety and Security for me and my neighborhood Council C3 Council H yeah thank you Mr President Kelly we we have gone down there together and it is really bad and so I mean I had a public safety meeting um about maybe a month ago so I plan on having another one at the end of June I'm not sure where it's going to be yet but it's going to be might be close to where you live I'm working on that or uh some other locations but we're definitely going to have that meeting but it also too it's definitely a public safety issue but it's it's really a health concern that that's so we there's a lot of parties that have to get involved but I'm definitely involved in it and I'm with you on it um but um it's going to you know it's going to definitely take some time but we can the next public safety meeting we can address it and you'll definitely let know when it's happening and I appreciate that this we're coming up on a year that I've been fighting this it's not like I came last month and all of a sudden and I get time again and I'm nothing against anybody on this board it's meetings after meetings after meetings and nothing done no we need accountability let the police do their job going there they don't want the help they don't want the treatment they can't stay it's that simple just like I can't throw my trash out we got the trash release that comes and checks my barrels to make sure I don't got a pizza box in my recycling bin but yet I me you seen it you know where you know where we were on um down Bay Street where softball field is behind there M Street all the way that's that's gotten more oh yeah and now they're going back down where the tracks are okay and also by down by the rail where the fire was where where the rail tracks are yep okay so they and it's just more and more yeah they're moving back in you know they never left but now I don't know from the other ones closing we're getting more down there so I'm just asking I know I'm a pain in the neck I'm not going to stop no I hear you like it's I'll I'll give you a call tomorrow all right I appreciate that thank you guys C there's a couple other people just thank you thank you cc7 CC thank you so just to update that last conversation we had we had the subcommittee meeting of the subcommittee of health environmental Affairs which I'm the chair of council Deion Council per and I discussed it and we left it off with councel with Corporation Council Rumsey to produce that ordinance him and I spoke on Monday he's currently working on that and as soon as that is squared away the idea is to be forwarded to the subcommittee for ordinances so that is currently in process okay I appreciate that thank you I yeld thank you Council Council C5 Council vice president pero it's not only you Kelly that comes and I know that some of your neighbors are older and they want you to be their voice because they've told me I talked to Kelly and Kelly but we all did get an email yesterday on Monday from a gentleman who lives in that area who claims he is afraid for his safety there too um and we did receive something from the railroad remember the railroad last month they sent something that you know they have to be so many feet away from the railroad but then after that I know they cleaned out Brighton Avenue again this week and it is it's really a health concern and every homeless person that is down there has been offered help have been offered to look for a placement get into treatment you know getting an apartment whatever they refuse so that's the thing that the um that attorney Ramsey is looking at because there are some cities that are doing things everybody's afraid the ACLU is going to come down and they're going to sue us whatever but meanwhile I'd rather deal with them than have residents not feeling safe I mean we have to do something it's lawlessness it's you know there's no structure like I can't be Lawless I can't just go dump stuff I can't go pee and poop and tell my tenants to go use a commode and go throw it in the park y'all would be down there quick right so there's going to be accountability and everybody's afraid of the accountability thing you're offering them if they don't want it I I agree they don't nobody should be be forced to do anything say but they can't stay there there has to be a consequence there's trespassing there's drug use alcohol use peeing pooping in public you know other things that are going on Fires they L fires down there I mean I mean it actually breaks my heart that there are people living in those conditions should mental health has you know a lot to do with people's inability to move forward or do things but we have and we this Council has spent money on getting clinicians and getting people down there and we have done that so I'll wait to see and I'm sure that councilor opposer will have a meeting as soon as we get the uh ordinance done and that will give teeth and that will put the police department in the you know be able to their job they're right they just can't go down now um and I don't want to see something happen but thank you for continuing to come down and continuing to fight thank you counc you yield I yield did you have something to chime in as well yeah only comment would be I'm I'm not quite understanding how we can have so much muscle and move them all move them out from Brighton Avenue but yet we don't have the same muscle and aren't taking the same action on Bay Street um obviously the encampment on Bay Street is much closer to the homes of residents in the city which is much more impactful um so that's that's my main concern and I hope um I don't know if if ultimately there was decision uh with the Supreme Court in April I know we were waiting for that um I I haven't heard the che that yeah there has been no result of that but you know I agree I I agree we need to somehow we need to take action and let let it let the dust fall where it may listen as a taxpayer I'm all right with let them come after and Su I mean really we are living in hell uh area is looking like a pit so I'm not worried about them going and suing the city I I'm honestly I'm not I we pay enough in taxes our taxes keep going up and up and up give us something back I get I received nothing for my tax money that I'm paying and I've been here and I'm not nothing against you guys personally but it's almost a year that I've been fighting this this should have been resolved eight months ago and as the warm weather comes there more and there's also more and more and more young children playing on that lower field every every time I walk by there I cringe because I know what's in there I won't even walk over there I won't walk over there unless I'm suited up and I got something I can throw away I mean I live in extrem cuz you wanted to get out the car what did I tell you it's not safe for us to get out and walk in there I live in the extreme South end of the city I drive down Bay Street I drive right by there every time I come to city council the the the kids were playing the pickle ball court the tennis courts were full m MH there's so many people there that they don't even have room to park they have to park on the grass MH we have to do something to ensure the safety and health of the people who live in this city with that I'm asking thank you yeah I just want to um give some clarity to that I think I believe Brighton Avenue is state-owned property and that's why they were able to go in there with the state police and just clear it out we own the other properties and that's why we haven't um you know and just as we're making Headway I know that there is a lot of work being done behind the scenes to try to find these people housing placement mental health institutions treatment um it's not easy I mean our shelter our shelter in Fall River went from 50 beds to 30 beds over you know so as we go to place these people you know so we have to look at that why why are we go losing beds and not gaining beds and do we need to look at other agencies to um get beds we have a huge problem and so there's so many moving factors and I I think that you will get some um Headway when this ordinance is passed but I I do think that things are being done and then uh things happen like you know that's 20 beds that's 20 beds that are not no longer there for the summer we'll be back up in the winter time and so I know that there's a push to find housing find affordable housing findi you know there there we're looking where do we place these people and so um that want to be placed I agree with you people shouldn't be able to live like that it is a health Factor the human beings not animals exactly these are sick people it's all in the South End though how many and and again yeah how many encampments are illegal encampments are in um the North End well I I don't I can tell you well I can tell you why people congregate in those areas because that's you know the kind of the world I work in they congregate in areas where there is um bathrooms where there is food where is gas stations it's it's why you where services are so you in your you know so there is you know you will see that but I will tell you that there is a problem with uh we need more services um more places more shelter beds there's no doubt about that for these people and I agree with you 100% that people shouldn't be able to just stay in these areas it's just it's not healthy you they've been offered and I know I've been doing this for almost a year now so I know they've been offer treatment I know they've been and they have so when they refuse we we just allow them to stay there it's okay and we bring them down the harm reduction and all that so no I will I I know I talked to the guys and I've talked to your the uh the homeless committee so I will tell you that 14 people did go to treatment 14 of those people decided to go to treatment get off the streets and now what the back end of that is what you're looking at is getting these ordinance so we have some legal leverage to move these people into to get them place when they say listen I'm not from around here I'll stay here I'll stay in these Woods I don't care now we can move them and so I think it's a process it doesn't happen overnight but um and look it's my city I love my city this is my city and I want want to see the best for my city but these things sometime take time and I know firsthand that they are being worked on and I know look the state-owned property you see them go in there and and they cleaned it all out so unfortunately maybe it's not as quick as what we want quick it's been over almost almost a year I've been fighting and not counting that what they live down on the rail jail fall so I don't I mean if you need somebody to help with the committee yeah I can give some I think you should join I think I honestly think you are such an advocate you should do that and you should join it but if take the advice and go and follow through with it we need there's reasons why we have ordinances there's a reason why we have laws followed absolutely as a law abiding citizen I follow the rules and the laws yeah so it should go it shouldn't be you get to do what you want and I get to do what I want that's not how it works I understand law it's Lawless fortunate or not these people they have they there are squatter they there are some rights there and so we have to we have to be we've never been in this situation before so we have to create leg ordinance for us in the city to be able to do that I'm willing to come on the I'm willing to come and help on that committee I well dally noted I think we should call the mayor's office and you should get on that Homeless committee listen you're passionate you love the city you just want what's best for the city I again it's got to be accountability I've worked in it long enough so I I get it and the more you give like Michelle says all the time hand up not a hand out so the more we cuddle and we don't hold people accountable they're going to continue to do what they're doing because there's no there's no there's nothing they have to lose if I was getting everything brought to me and I don't have to I keep my whole check I don't get to do I think I think that everybody's agreeing with you that there this is not a place for these people to stay it's not a place for anybody not even this is what I keep hearing we're working on it we're working on it we're working on it well the good news is I'm tired of hearing we're working on it I want to see some action like I've heard and again it's nothing personal against anybody in here because Michelle you have Linda like listen I haven't been to your homeless camp but I've walked into the other homeless camps the big homeless camps big of and so I've SE people that I'm not saying it's tragic it's tragic the way these people live do nothing action I am going to have to say because because this is being recorded and I want people to know there is steps being taken a lot of steps people are being placed they're moving these camps so I don't want people to think that things are not being done they are not moving at the pace that we would like them to see but things are being done and I encourage it and I and I and I'm sorry but I don't think the Administration has done it well enough job of saying the steps that have gone happened because there are steps and I think the community needs to know the steps that have been taken and I'll tell you what I don't know all the steps but I do talk to the homeless workers that are down there they they're letting people know you can't stay you got to move you got to get to another state city place you can't you know can't stay here so things are being done have they done a good job of communicating that no can they do better absolutely well I can tell you down by me a majority of the people that were there last year are there this year so it's not okay I don't I don't see a change for me personally I can't speak for the other camps yeah you know but I can speak from down at by my um my way yeah so I mean I I'm just I'm I'm tired enough is enough I you know then I don't want to pay taxes why should I pay taxes if I'm not receiving any services for my taxes why I pay taxes I'm paying a nominal EG for water for everything else and again I get it it's part of being a homeowner but also I'm supposed to have some Securities and some safeties and different things if I can't do something others shouldn't be able to to do it it's not they get to they're allowed to do it but we're not cuz we're homeowners law abiding citizens it's not right so there has to be action again I again it's nothing personal against anybody I'm fed up I'm tired I can hear that in your voice I'm tired my neighborhood's tired I got people that're selling their houses and leaving yeah I I listen and it's a there's husbands and wives that wives are leaving with their kids and going to stay elsewhere because they're not they don't feel safe yeah it's it's listen I I wish there was a quicker faster way I I do so I C coun C3 did you want to add something yeah just real quick when you Kelly brought up something about or was M councelor Dion about giving them um s certain things and I I do recall now that when we were down there there was some was an agency or somebody bringing a a platter of food that's got to I don't know who doing that reduction that's got to that has to stop that's that's got to stop because all you're doing is enabling them so again I I just wanted to make mention that because it was I I do remember that um that that happened so uh but that's all I wanted to say and I'll call you tomorrow about the I appreciate that than you something you you know I I'll just add I can understand how Miss buan is feeling the way she does because I feel that same way we have been talking about this well over time before Miss Buchanan showed up a year ago we were already talking about this and all we kept hearing from Administration we need to do an audence we need to do it legal we want to make sure that we're not going to get sued we want make sure we're doing it right well it's been a year so either do it or get off the pot but you're not giving the support to the police or anybody else to do things yes there are people that we've helped but there are many people there who do not want the help and she's right if that was in other sections of the city something would have done been done quicker abut and that's not fair and for her to be putting up with this for a year we definitely need the legal leverage but sometimes when we have to get ordinances done and this and it just takes time and I get it I get it takes time but a year the other the other side of it you do you want me to get I I'll go and get signatures if you want if you guys are that worried about a lawsuit from taxpaying law biding citizens that live here in the city have them sign it are they worried about getting I think this city has been this city has done Yan's work trying to assist everyone that's there we have sympathy for people with mental health or drug addiction or alcoholism or homeless whatever their issue is we we sympathize with them but we have a legal right to the residents of our community that they live in an environment that's healthy that's healthy and you're not living in a healthy environment or a safe environment if that's what people there are feeling and again we have received more than one email from residents there I checked because I thought maybe they're just sending them to me no it went to the entire Council and there was one on Monday so they're scared people in my community SC let's go it's got to be rep listen I I I think everyone is frustrated with this isue and I agree if the state can come down in a matter of days and clean up that why can't we we can't if we can't take care of the state city property we let's just turn over that land to the state let them come down and take care of if if if we're afraid we're going to get sued or things are going on but I understand the fact that the neighborhood is afraid and they want to get it cleaned up and they should they have every right to by the same token we have been trying to make some efforts to do it in in a certain fashion hasn't worked so now maybe we need to do something something else but I think it's it's frustrating everyone senses it everyone feels it not just there in other areas as well something has to be done um and the sooner we do it the better off but if we can't take care of that piece of property then let's just turn it over to somebody else that can't take care of I'll take it they were able to I'll build on it Con to con yeah the only thing I want to mention is we do have a railway that runs through there so that is private property and on 25 ft on either side of the rail of the actual rail is owned by the railro and those people anybody within 25 within 50 ft from the middle out this 50 feet can be removed because it's private property correct with that i counc T1 you want to add something yeah so I I appreciate everything you've saying I've said this before I think it's a it's a struggle and a challenge so one of the issues we keep talking about what the state can do the reason the state was able to do it was because the minute they move them from that location they had to put them in housing if we remove these these people from the encampments we have to house them so the question comes where do we house them the state has the ability to house it because obviously they've got all the migrants they've got all these hotels already uh scheduled and slated so they're able to move these these individuals if we go and move people by law we have to we have to have a location for them to to be housed and we just don't have that so B State the correctional they're using it for the illegal immigrants put them there yeah we we don't we don't own that so so that means we would have to pay for housing right so that that's that's where it comes down to so it's it's funding associated with it we have to make sure that they have a a location to actually have a roof over the head you can't just remove them from from the the encampments so I want to just make sure I understand this right so I'm homeless I end up on the streets you tell me I can't stay there you have to pay for my housing yeah y something WR with the system trick you think that's what we're talking about with the Supreme Court it comes back down to the N Circuit Court that needs to change I'm not saying don't help people cuz I'm all about helping people but that's that's I guess that's what I'm trying to I guess articulate cuz we keep going around and around and around that's what the law states the governor has what law what law is that comes it's coming right from theel yep the right to shelter n the ninth circuit court has ruled so now it's before The Supreme Court Washington State War so I don't think that has any baronss on Massachusetts does it it does it does it does because the the attorney general has and the governor has has stated that that's that's the requirement in Massachusetts yeah point of clarification man yeah yeah I'm looking for clarification that's all right we're you're gonna get it from what the attorney is not going to come down you want to come down and speak on it but citiz right now c yeah right now well beyond the three minutes I think we're all saying the same thing at this point I think we all want to resolve guys again I I mean I do I do want to State one thing as Council Washington pinch up we have removed from some people there that are seeking treatment and have be able to put him in housing and some of those people like C PR said don't want to leave they want to live there they want to stay there so that's that's the crutch in the whole situation but we are working on I know it's not as quick as most like it's not as quick as I would like or any of the counselors but there is progress being made we just G to make sure that we end it quickly thank you so much one point point really quick sorry Council Point Massachusetts is the only right to shelter state in the United States of America the only other state that's close is New York just a New York City and that was passed in the 80s for uh un uh unw mothers who are pregnant properly but I don't know I'm going to do some research on it yes right to sh I pretty sure that the state emercy declared by Governor Hy so proper law uh C de is absolutely right that we have we have an we have an obligation and Statewide to um pass by the state massachus St legisl I'm phone call I'm going do I'm going to do some resar you much well that's all you have to Google is right to sh item number two understand the order request an approval of a 10-year contract for the operation maintenance and management of the wastewater treatment facility and collection system it was referred to the Council on May 14th Council and SE for Council k the only question I had is um and it was answered after U con conversing a little bit councilor Dan uh my only concern was the length of the contract uh we did get a legal opinion that uh from Corporation Council that it's legal to have a contra that that length uh but whether or not there was an inflationary Clause so to speak you know we're during inflation can it be justed over that long period of time and there is a clause uh in there so I'm prepared to to support this tonight so so you're making a recommendation to send it to full Council for adoption yes I believe it is council president I believe it's a refer to full Council before full councel but I'm I'm going to be supporting it so I'll I'll make that motion if you want me to Second so refer to full councel for adoption or just for Action adop okay motion to refer to full Council for adoption has been made and seconded all in favor I any opposed motion carries motion to adjourn Finance motion to adj finance as remain seconded all in favor I any opposed Finance is now adj ready C the council Mo begin at 7:00 2 minutes [Music] he hey hey [Music] heyyy hey hey hey hey [Music] hey [Music] [Music] like [Music] city council please come to order clct will call the RO council is kadim here Dion here har here Kilby here Herrera here hty here Roso here Samson here president Camaro here everyone in the council chair please rise or moment of Silent prayer prior to the silent prayer Council Dion's going to read a statement on a couple of individuals who have recently passed I received this letter well I'm going you'll hear me better um I received this from the fora Municipal retirees Association they asked that it be read here the officers and members of the fora Municipal retirees Association wish to recognize two of our members Manuel cavalo and Joseph Lima we believe it only fitting that today in the shadow of Memorial Day these men in their service to this nation and this city are publicly recognized we ask this because they truly represent the retirees of this city who go unnoticed un underappreciated and sometimes disparaged let the public hear their story Emanuel cavalo was born on October 19th 1924 he served his country during World War two in the United States Army from April 1943 to February 1946 in China Burma India theater he came home to Fall River and worked for 31 years for the Fall River Housing Authority Joseph lemur was born on December 15th 1926 he served his country during World War II in the United States Navy in the Pacific Theater he too came home to Fall River and served for 34 years as a firefighter and fire lieutenant with the ffd both of these men received medals and commendations for their service to their country and were some of the last of our greatest Generation both passed on the same day May 18th 2024 Manny would have been 100 in October Joe 98 in December their story stands as a snapshot into the lives of everyday Americans who do what they must do for their nation and their City without Fanfare or even recognition it stands as a stark reminder that all our retirees have a story and they all deserve to be respected as their story is being read in the same chamber that a city official once referred to ourti our retirees as liabilities I hope that seeing these two great Americans as human beings and not numbers on a ledger will ensure that conduct will never be condoned again rest in peace Manny and Joe and May flights of Angels Sing thee to thy rest please remain standing for salute to the flag I pledge aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all just want to State counselor that the letter there the the section that you talked about where City official refer to the retirees as a liability that was not a city counselor or an administrator said it it was not just want to make it perfectly clear that that City official is known not to be a city counselor and it wasn't the mayor of the city that said it either pursued to the open meeting law any person may make an audio or video recording of this public meeting or may transmit this meeting through any medium attendees are therefore advised that such recordings or trans misss are being made whether perceived or unperceived by those present and not deemed acknowledged and permissible Madam clerk first item before you is a communication from the mayor in an order establishing spending limits of the revolving funds for fiscal year 20125 motion to adopt motion to adopt has a made and seconded all in favor any opposed motion carries item two is the mayor's request for the confirmation of Andrew Hoak to the Sewer Commission to confirm I have to confirm has it made in seconded all in favor I on the motion um on the motion C I just had a question on how much this individual knew about sewer operations and things like that but I know that no one has being put off I did talk to um City administrator Akin who said that he's filling a vacancy and that there was also because he's I believe he's an attorney and and then I asked if that was a requirement that they have an attorney which it is but we do have one on there I don't have a problem with it I just would hope that people that go on water boards or on sewer commissions have a lot of knowledge I know it's hard to find but I'm sure there are people out there who'd be willing so I'm just hope he has a lot of knowledge and as an attorney I'm sure he can look stuff up but with that I yeld thank you thank you counc motion has been seconded all in favor any opposed motion carries item item three is a legal opinion um from Corporation Council regarding the creation of a proposed ordinance relating to the appointment of constables Mo AC place on file second motion or refer to ordinance it was already there then why is it coming back to us as a community uh shouldn't this be discussed requested a legal opinion huh shouldn't it be op the committee request legal opinion okay so you can send it back to audence committee if that's will the counc works for you accept place on file it's a communication C C5 CC Pro the reason that we had asked if we could change something with the ordinance that's what we had asked and we can't um and the the rationale was because at one point I believe it was councelor kadim that put it in I'm not sure but the reason that we asked was because there was a constable during the jel carea administration that put in for his Constable license and it was denied the May denied it and there was no no other recourse so we were looking if we could change that but by what the attorney said and what they looked at it's within the jurisdiction of the mayor and you can't put executive and legislative bodies in the same so that's why it just we got their opinion we read it I wasw my my motion thank you councel Council a motion has been made to accept and place on file and seconded all in favor any opposed motion carries item four is also a legal opinion from Corporation councel regarding the creation of a proposed ordinance relating to the Armory commission motion accept and place on file accept and as made second on the motion CC SE to council yeah um in this opinion it states um having reviewed the request for an ordinance amendment to allow the historical commission to assist the board of Park Commissioners with various duties relevant to the bank Street omry opinion of the Law Department that a proposed ordinance is unnecessary well I'd like to first point out that it was never asked that the historical be put in there to assist the park Department clearly in the original um resolution resolution which I was the one who wrote the resolution um that the committee on ordinance of legislation convened to discuss amending chapter 54 of the code of the city which relates to public facilities to reflect the current state of the property and to transfer the oversight of the Armory commission from Bard ofac Commissioners to the historical commission so the request was never for them to assist secondly it states the Armory is owned by the city of f River and held under the control of the city council as part of the city's General Corporate property there is no evidence to suggest that the city transferred control control of the Armory to the Armory commission and or Park Board the park board does not currently have any powers duties or responsibilities related to The Armory therefore the ordinance isn't needed and they site in it a section from um a legal opinion from Corporation Council Rumsey where it states article three of the code of the city of for River states that the board of Park Commissioners shall promote the City Armory in a manner which will be most beneficial to the city and shall Endeavor to maximize and diversify its use the problem with that is this is the code of the city these are the city ordinances they he left out part of it and the part that was left out the part Board of Park Commissioners shall have and exercise all the powers duties and responsibilities of the Armory commission that was left out so I disagree that they don't have the power when it's here in city ordinance um and the reason that it was requested that the historical commission get involved is because they are aware of the laws they are involved with the Massachusetts historical commission um because it also goes on to say somewhere in here uh the office of Corporation Council is not aware of the existence of any additional orders of the city council officially limiting the use of the Armory or transferring control of the Armory to a particular City or board so again I will disagree with part of that because this here is a deed restriction preservation restriction agreement between the Commonwealth of Massachusetts by and through the Massachusetts historical commission and the City of Fall River so there is in fact a deed restriction there are limits as to what can and can't be done there and again the expertise lies with the historic commission so yes nobody's asking for ownership to be transferred nobody's saying take it out of the jurisdiction of the city council we're just asking that in ordinance they remove the bard of Park Commissioners and replace it with a historic commission and I know that um I don't know and anybody feel free to correct me I not sure what the ordinance committee what happened for the this for to for this thing to change and I will um ask the chair of the ordinance if she would like to speak on this and otherwise I would like to refer it back to ordinance and legislation for that simple change so that we can move forward and the historic commission can have the right to perform the duties with that I yield thank you counc C my colleague raises some good questions um when I read the opinion I was a little baffled myself and therefore I agree with her request to refer back to ordinance I don't know if she made that as a motion if not I will make a motion that it be referred back to ordinance and I will second it second okay as a point of information Mr President we can just make sure that we were for this letter as well back to the ordinance committee amend it guess yeah refer to ordinance committee as adopted motion as amended I'm sorry but it's just a letter right so an opinion so we don't we don't have to refer the opinion right so we you have to make a separate motion right now well it's still in it's still ordinance committee we tabled that waiting for the thing so we'll it's in the ordinance committee already right so it'll just we'll take lift it off the table and um referred to Corporation councel what's that was referred to Corporation Council it so it was it's out of the jurisdiction of the committee so if you want to discuss it again you need to refer this back to the ordinance so refer back ja so just can I get a point of information so every time we refer something out to cooperation councel that does not stay in that committee unless you table it and you were to send a communication to to ask for the information but it wasn't tabled there so it was referred but even if you don't table the counil when you get the communication back you can back to committee it's I I guess I guess just in my Minds even so we'll we'll table it in the future right in my mind if we especially especially in ordinance right when you go back and forth and have the discussion about ordinances you refer it to cooperation counsel and I just assumed that that item would stay in there until we we actually take a vote but in this case it was a recommendation that went to the council and the council took that vote to accept the committee's recommendation and request the opinion thank you so the motion is to refer the item back to the Ence committee has to made and seconded all in favor I any opposed motion carries item five is a communication regarding two items the first is a proposed ordinance Amendment regarding the one-year demolition delay for city-owned property refer the committee on ordinances second motion to refer the committee on ordinance and legislation made and second it all in favor I any opposed motion carries and the second matter was a legal opinion regarding the creation of a proposed ordinance related to deed restriction on sale of Prett city-owned property over 50 years old I would refer that to the committee on ordinance and legislation as Weller committee on ordinance and legislation as a made in seconded all in favor I any opposed motion carries item six are the traffic commission making recommendations to the ordinance refe on ordinance motion to refer to the committee on ordinance and legislation has a made and second it all in favor I opposed motion carries the committee on ordinances and legislation at a meeting held on May 21st voted unanimously to recommend the accompanying proposed ordinance accompanied by an emergency Preamble be passed through first reading second reading passed to be enrolled and passed to be ordained with counselor Samson absent and not voting these are uh handicap parking ordinances motion adop emergency ramble second motion to adopt the mun as seconded on the mun roll call Council kadim yes Dion yes Hart yes Kilby yes Perera yes ponti yes Roso yes Samson yes and president Kar yes motion to pass through all readings pass through all readings has made in second all in favor I any opposed motion passes through all readings the committee on ordinances and legislation at a meeting held on May 21st voted unanimously to recommend the accompanying proposed ordinance be passed through first reading with councilor Samson absent and not voting these are fees for the engineering department motion to pass through first reading second second motion to pass through first reading has been made in seconded all in favor I any opposed motion carries the committee on ordinances and legislation at a meeting held on May 21st voted to recommend that the accompanying proposed ordinance be passed through first reading with councelor reposo opposed and councelor Samson absent and not vote voting this ordinance relates to the minimum housing division and the municipal organizational structure motion to pass through first reading second motion to pass through first read has Mee second on the motion counc seat six Council P yeah I missed this uh watching this meeting could somebody give me a brief very brief overview of the organ organizational structure changes here we're going to be passing it through first reading it's just when we did the organizational chart um minimum housing should have been under the jurisdiction of the Board of Health and it wasn't so it was just to clarify that that's what we were told by attorney Akens I'm the city administrator Akens is here but that's what it was it's not that um there's new job descriptions or anything like that it's just with the minimum housing to put it in who there there it was just housekeeping okay so there's no salary increases or anything just a structure reporting structure reporting structure going from who they will be responsible to building from the building department to Board of Health got it thank you I Y thank you councel motion to pass through first reading has been made in seconded all in favor I any opposed seat seven opposed doly not item nine uh excuse me item 10 is in uh proposed ordinance for Passage through second reading and enrollment this is miscellaneous traffic motion to pass through second reading enrollment motion to pass through second reading and enrollment has been made is that a second second second all in favor I any opposed motion carries item 11 is a proposed ordinance that relates to the zoning map amendments for the water front Transit oriented development District motion to pass for second reading enrollment second second motion to pass for second reading and enrollment has been made in seconded all in favor I any opposed motion carries okay we have a citation motion to adopt motion to adopt the citation has been made and seconded all in favor I any opposed motion carries have the police chief's report on licenses motion to adopt second motion to adopt the police report police chief's report on licenses has been made and seconded all in favor I I any opposed motion carries item 14 is a renewal of an auto repair shop license at 67k Street motion to adopt motion to to Renewal has been made and seconded all in favor I any opposed motion carries have a number of claims motion refer to Corporation councel second motion refer to Corporation councel has a made and seconded all in favor I any opposed motion carries item 16 is a request from the city engineer to open a street less than 5 years on Kennedy Street motion to approve motion to approve has been made and seconded all in favor on the motion on the motion to approve coun seat seven excuse me just a question on the street how much of the street is actually going to be cut up to do this work it's one thing it wasn't indicated in the letter I'm just curious motion to wave the rules second motion to wave the rules has made in second all in favor I I any oppos motion carries thank you Mr PR pre Mr AGA yeah just I'm just curious I I noticed when I looked up the property how far how much of the street is being cut up to do this work certainly for the record Dan agar director of engineering and planning for the city of Fall River uh councilor reposo this is for a connection to sewer for the existing dwelling they're actually on a septic system that was recently discovered to be failed uh that would be the reason for digging back into the street so there will be one single utility connection to connect to sewer we will require them to do a minimum of a 10- foot patch curb to curb so that we have a consistent uh using flowable fil so it would be a 10t strip they could actually do narrower but but the narrower we keep a trench the more apt it is to to fall and be depressed so a 10-ft minimum stretch crib to crib would would be the restoration and this is at the cost of the homeowner that's correct okay thank you Mr AR you Mr President C6 in ter just I'm just curious uh in a case like that that you require that the individual go curb to curb and do your specific specs what kind of accountability do you have within your department to make sure that you can't Implement that I'm just curious are are you doing a bond for something like this no so it's it it's because it's being done by the the homeowner using a licensed drain layer so it falls under any other it is bonded the contractor has to have a bond right the contractor contractor hired by the homeowner hired by the homeowner and they go through the permitting process signed by your office and insed by the city very good yeah I we're in good hands with you I yield thank you Mr I appreciate it thank you thank you motion has remain and seconded all in favor I any opposed motion carries item 17 are applications on behalf of St Anthony of the desert Church to hang banners three locations are Pleasant Street bford Street and South Main Street motion to approve second motion to approve the remaining second all in favor I any opposed council president just to be safe bless you I'll be on the grill that weekend so I can fav item 18 a drain layer applications motion to proove motion to approve the drain layers applications has been made and seconded all in favor I any opposed motion carries item 19 are minutes of the zoning board of appeals motion accept and place on file motion to accept Zoning Board of appeal minutes has made accepted and place on files are made and seconded all in favor any oppos motion carries item 20 are minutes of the committee on finance to approve motion to approve that's for the May 14th meeting correct I'm sorry yes for the May 14th motion to approve this made and seconded all in favor I any opposed motion carries 21 are minutes of the May 14th regular meeting of the city council motion to approve motion to approve the City Council meetings on May 14th May second all in favor I any opposed motion carries we have the mayor's request for confirmation of the reappointment of John Brandt um to the community preservation commission Mr Brandt was selected as the was designated as the member from the conservation motion to confirm second to confirm second on the motion to confirm justce speak got it I I have to say that I believe um Mr Brandt does a remarkable job and the the individuals on the community preservation committee so kudos to him and I know the board voted for him to remain unanimously so great job shout out to John BR thank you councelor good motion has been made in seconded all in favor I opposed motion carries have the mayor's um request in of a for a proposed ordinance regarding trolley fees motion to refer to ordinance second motion refer commit ordance and legislation has been made and second on the motion Council seat to council DM yeah I would just like to point out um because obviously I'm not part of the ordinance committee so just food for thought when I looked at this granted $2 is not an exorbitant amount of money however I have a difficult time charging children six and under to to have to to ride the trolley I picture myself as somebody collecting the money for tickets and there's a couple standing in front of me and they have a six-month old baby and one of those little sacks in front of them and I say $10 oh sorry and two bucks for your six-month-old I can we say six and under they can ride for free or five and underride for free and then the other thing I thought was I don't see any senior citizen uh discount either so those would be my two sticking points but I'm not part of the ordinance uh and legislation committee anymore so I just wanted to say my piece now with that I yield thank you are you saying that because the majority of us now senior citizens or seven Council propos on yeah and and to add to that as a member of the ordinance committee one of the things I also look at is when it comes to trolley rentals um the the base half day fee of $600 I'm looking at it from a school perspective if schools in the city wanted to use the trolley $600 for a half day within the city is pretty large compared to you know the average cost of a bus could be $300 to $400 in a half day situation so Mr President through you to the city clerk I'm curious if we wanted to add something to this can it wa Mak that please stop someone's rubing something F it's one of the fans fans it's causing a lot of banging out there not my personal fan but the fan that's cooling them down we've got three fans roll no I think there's something up there so that fans immedately we just lower the fans or lower it you know how to lower it all right C of proposal sorry you know Hower but there was can I continue it seemed like it stopped so that's good whatever you did work credit counselor it's all you okay I'll just continue with the hot flush but that's fine through you to the city clerk I'm just curious as far as adding anything to this does it have to be done before it gets referred or can it be done in Committee in committee that's why he goes to committee thank you with that I yield thank you counc Council eight Sams do you have something to say yeah I just wanted to to second that I agree I think the numbers were a little high it was a good starting point but I think we could do something for the veterans definitely the senior citizens I'm like ah it's high so I agree with that I yield thank you coun motion motion there was a motion to refer to made in second all in favor I any opposed motion carries have a communication from the director of financial services regarding the quotes for the annual independent audit um Mr President want to refer to finance no we have a motion with no second is there another motion I have uh I can't call on you coun until I have a motion in a second then we can have discussion so I need a motion and a second before we can discuss anything I seconded it adopt the oh sorry what what did you say you second a motion to finance I did my Council K's motion okay I didn't hear you oh yeah Finance has been made and second it on the motion Council T5 Council I thought that Council gim made a motion I was going to make a motion I didn't realize there was a second that was made I was going to make a motion to rec uh adopt the recommendation for roselli Clark and Associates and I would second his motion so which motion would take president referral refal to adop right referral referral the Comm the committ finance honestly we haven't had the vote yet so who knows if it's going to pass well my feelings are we've had roselli and Claren Associates for several years they've done a good job they were the lowest biders we've had them for forever as that we haven't had any complaints about them so I would you know I'd recommend a motion to adopt and let's move it we I I'm sorry go ahead go ahead I apologize that's okay I'll withdraw my motion um I made my motion before I I know Council was going to make that motion to keep the um VI auditor that we do have okay so no complaints about this this firm and the resume is impeccable in terms of who they who else they represent cities of this size so I'll I'll go mind thank you coun counc six coun party yeah thank you um you know I was intrigued to have the discussion with uh the committee on Finance on this only because there was a legal opinion that was drafted uh by Corporation counsel and assisted Corporation counsel saying that one of the biders isn't eligible to conduct an independent audit um there was I I I am curious I'm sure that the city did follow the 30b process here um I did hear some Rumblings that there was going to be some people withdrawing from this I wanted to make sure all three individuals or companies that did submit their uh independent audit services are prepared to move forward um so um you know there just seems to be a lot of noise this year on the council's ability to decide which it's in the council's own purview to decide who they want to have has nothing to do with the mayor's office this is strictly a city council decision um and I'm I'm just kind of confused as to why this year we got a legal opinion on something like this um candidly calling into question the ability of one specific firm there was no other legal opinion written on Rosetti Clark and Associates or Markham or anybody like that just there was one firm that was called out questioning a possible conflict of interest because somebody was on the retire uh used to be an employee of a city and several fiscal years ago um you know to me this just doesn't pass the straight face test in terms of what's going on here you know there was an analysis written here uh regarding one of the firms that says uh because this individual is a Municipal Employee they're required to comply with the conflict of interest law I don't what I don't know what that has anything to do with future fiscal year audits there was another comment in this analysis that says because the individual dis discussed uh possible one-time arper money uh that they shouldn't apply so you know there there's lot here um this is a council decision there's no need right now that we need to make this decision today we already had last year's fiscal audit completed um and I think we um we should bet this a little bit more and candidly if I can be honest with you I don't know remember the last maybe the clerk knows or president knows but in Prior years uh when we went out to bid the city council make it clear went out to bid these specific projects did you only did we only have one firm that came out to bid or has there been multiple firms in the past do you know the first was in 2019 right I believe were more and and this is going on a 2019 contract or is this bid on every year every five years every five so this is I understand okay that that is what the charter says okay I I'll yield I'll let you guys make your vote but for for me there's just a lot of noise coming from this and generally speaking I don't remember that in 2019 so I yield for now1 I tell my colleague not to listen to the noise it's just doesn't benefit anybody I thought shut up the fans so stop the noise I tried uh no listen I I made the motion I we we've got three good firms um well two that I I know of and have worked with personally um that I think are capable of handling the audits but at the end of the day and I know this is exempt from 30b uh accounting services are exempt I recognize that but we got three bids in um I made the recommendation for the lowest bid uh that's essentially where we're at I mean you got two qualified individuals uh if you're just looking at a price point for the uh for the various years that were provided uh roselli Clark and Associates are are the lowest so that's why I made the recommendation so I don't disagree with my my colleague uh in terms of the comments with you know the legal opinion I did have a conversation uh briefly with the mayor today uh on several issues one of those issues did come up about the the audit um I did mention to him that I I didn't necessarily agree with some of the opinions that were coming back uh in regards to um Hagen sahadi and not being able or or the conflicts um I don't disagree that there potentially is some conflict with that but the I guess the forever bands I I would I would disagree with um I I think there may be a conflict with the fact that we still have some some Opa funding that's still available uh I mean open that needs to be audited I could understand that uh but again at the end of the day I think we've got a firm that is the lowest bidder um because point of clarification we don't have to take the L do we no we well so the yes and no right so I I would I would ask I guess I would have to ask the administration if the the IG would tell you that if you stop the 30b process even though it's exempt you are to finish the 30b process so I'm not sure if they just randomly called Folks up to to submit a proposal or they actually put out a an RFP if they put an RFP then you would you should finish so that's what the IG would tell you I'm I'm to bring that out there because we're being told we have to go with the lowest bidder but yet the chter says the council makes the decision so how can you have both you can't have the council choosing anyone if the only choice we'll have is the lowest bidder yeah it's does make sense I don't disagree with you but I mean if if you go through the process to to you you're trying to find the most competitive price correct then you should follow that process all the way through and then so if you you if you went out to bid then you should follow follow that um but but it is exempt from from 30 B correct you y councelor I do thank you councel in SE 8 councel Samson I just want to um I I think we if we don't clarify um my colleague um statement of what the confusion is then I think we're being disingenuine to the public so I just want to clarify why I think that we went out for um a legal opinion because Hagen sah um Mary sahadi was the CFO of Fall River so it you know there could be I I'm not a legal expert but it does I think it would make sense that um the reason why there wasn't this confusion in 2019 is because Mary sahadi's firm was not asking you know to bid to oversee the audit so I mean the elephant in the room is that is why there was a legal opinion given I think appropriately so whether you agree with their legal opinion or not I'm I'm not a lawyer but that's why um an illegal opinion this time had to be put forward because she was putting in a bid and I think that the citizens of Fall River would want to know should the former CFO the last CFO before the other one should be auditing our books and I think that the community at large would want to know a legal opinion on that so that's the that would clarify I would say some of the confusion that you have why this wasn't a question in 2019 and now because the former CFO is questioning um is putting in a bid to audit the books so with that I yield just want to clarify a couple of things so the people in the public will know in 2019 the Mary Sahari was the CFO so they would put in the bids cuz she not going to do her own work that case I could see there' be a problem if they were trying to audit their own work but this case she's been going for years we've done audits every year so nothing that she's going to order is any creation of hers in the last budget or so but I will say uh council president that um there is some question about auditing the Opera funds so all I'm saying is that it wasn't a question in 2019 because Mary sahadi was the sitting CFO and was you know the the the former CFO wasn't asking to be audited that's all I'm saying that there shouldn't be this big confusion of why now why not then the former CFO is asking um or putting in a bid to audit the city's books and so that's why a legal opinion was rendered whether you agree with it or not that's why I you know I think it makes sense that that would be have been done but that I yield thank you counc councel to councel the my only question would be the name of the firm is ha and sahadi do we know if ha is actually the one that would be doing the audit because if so the mar sahti has nothing to do with it and this whole conversation is a moot point sorry um I don't know who submitted who submitted the proposal was it she was it the somebody on the ha side is she going to participate in the audit maybe maybe not so are we hanging somebody out to dry that we shouldn't be I don't know the answers to the question but there's are certainly a lot of questions to me that surround this and I know that seeon they do audits there I don't know what her participation is there so with that I'll yield thank you they do H to a lot of cities in municipalities what com weth I Cy he had his hand for I'll go back to you yeah that's fine I just want to answer our question go ahead one I'll allow that fine so uh to council Dion's I guess question I think she was asking me for uh so Mary sah doesn't physically do perform the audits right for us I mean she has a team she oversees it so she supervises it so if there's any any questions she may ask or or give a response to those questions but she doesn't physically go in and and you know do trial balances and things of that nature so right her friend does it right and hes friend does it together you y councelor I do thank you Council C Council party so I I want to just bring two things up number one I I wouldn't put it under the umbrella for first of all before I get into that I missed the days that the council could have possibly got a second opinion from our own in-house Council on something like this because the opinion that came out to me I don't agree with it's the second opinion that has come out to us today when it comes to opinions that I don't agree with but I didn't knit that apart everybody else did so I don't agree with this okay number one number two any firm that would go about doing this kind of work has a CPA license and they're valid firms and I highly doubt any of these well-respected firms would put into question their license because of a prior engagement with the city okay how do we know that an employee of uh one of these other two or three firms never worked in the city of Fall River as an assistant purchasing agent or purchasing agent in the past how do we know that did we get a legal opinion on that so I I want to just make one thing clear I think that if the city council does not need to follow 30b whether they started it or not I to me doesn't matter I am not necessarily looking at the lowest specific company in terms of their base bid amount I'm looking for quality in this audit okay in somebody that has familiarity with the city's finances to me is a plus now I'm not saying other firms don't and I'm not necessarily saying that specific firm Hagen saoto is going to be the ideal firm but what would be nice is if this Council who by the way often utilizes its power where it shouldn't like making decisions on whether we're going to go clear a homeless encampment where we we don't have that ability to do so oversteps its bounds every single time we have the opportunity to do so I'm saying that this is within our purview right now this is within our ability to make a decision on what firm we want to use and I think a proper vetting process without just the base bit amount to me I think needs to happen why can't we have these three specific firms come in and show us how they're going to delineate themselves from the others why can't we have these firms come in and say what kind of audit are we going to see from you we received one report from the this other account certified public accountant firm that totally in another report there were findings on the use of Opera and whatnot there were missing items that I questioned the last time we were here about if we used Opera money it was filled out in another report it was just it was confusing to me and it shouldn't be that confusing secondly if we're going to take the opinion like it is here from our respectable Corporation Council about the utilization of oper well at that time I don't think we had a a hired in-house contracted attorney that was looking at every single one of our Opera expenses in 2019 that happened afterwards so we have a whole person that has a legal degree that is looking on the utilization of Opera so I'm not going to be in support of the current motion that is before us because I want the city council to if we can and if we can't we can't to have the ability to interview these firms and then the council will make a decision on who they want to hire it's not always about the lowest value it's about what kind of audit are we going to receive and what kind of information are we going to receive from these specific Firs so I just want to make that clear thank you counc Samson do we have a time restriction on when the audit has to be done what's the time restriction so if we get completed one of the March is next year March of next year we have plenty of time that I yield thank you coun want did you have your hand up uh so I guess to my colleagues I guess in response to my colleague stamman I'm I'm okay with if we want to refer this to finance and we want to have interviews that's that's fine with me I'm I I'm personally familiar with two of the three that are before us uh which happen to be two of the lowest bids um we've got their clients so we we know that they have the uh area of expertise in doing Municipal audits um you know we can see all the communities that they've represented in the past and continue to represent so if we want to have those conversations I just assumed based on what has been provided uh in this RFQ uh to us the price point from my standpoint having two firms the the two lowest ones are the ones that I'm familiar with um roselan clar and Hagen sahti that I would have been comfortable with with either one of them sure um obviously we've got the legal opinion I think if Hagen sah came in as the lowest bidder then I I I would say that I would would have more of an exception uh and would want to have more of a conversation with Corporation councel with regards to the legal opinion um but again I think all being equal in terms of experience and experience with municipalities that they're they're both two uh legitimate firms that could provide independent uh Financial audits for us so that's that's why I I submitted made the motion for it but I think if my colleagues I mean if it gets shot down I'm I'm okay sending it to finance and and having interviews if that's what you know the committee want and the council wants that I Y what's the motion on the floor again motion on the floor is to um adopt adopt and there was a second roll call Mr President out there I I just want to say we have a legal opinion and as a counselor you have a right to disagree with that legal opinion you have a right to talk to an attorney and get an opinion on your own if we had an attorney for the council guaranteed we get a legal opinion that contradicts that legal opinion what good does that do still have to take a vote at the end of the day what your conscience is telling you what you have to do your own research and what's best for the city and that's why we don't have a Corporation Council you can't have two two Corporation councils they'll they'll constantly be at each other's opposing each other so I am priv satisfied with the vote I'm going to be taken um I think I know who I trust to do the work not that I don't trust the other two people but I think as you mentioned councelor one person individual one one uh company has done this for a lot of cities and towns very well respected they have Insight knowledge to this particular building they've been gone for years not like they were left six months ago they've been going for years how many more years are we going to sacrifice them not being able to do their job as they would do to any municipality throughout the Commonwealth put a biding to do the work and as you stated the charter says we make the decision not we decide who the lowest bidder who you decide that we have to go with the lowest bid don't have to so with that let the votes fall as they may and we go from there but I know who I'm going to support roll call roll call roll call on adoption of the order council's kadim yes Dion no Hart yes Kilby yes fera yes Ponte object Adam cler move on to next order of business the committee on finance at a meeting held on May 28th voted unanimously to recommend the accompanying order be referred to the full Council for adoption this is the 10-year contract for the operation maintenance and management of the wastewater treatment facilities and collection system to adopt motion to adopt motion to adopt has been made and seconded on the motion counc T5 C I'm not going to vote for this because I think a 10-year contract is way too long um okay we had a 10-year contract before and then then there were problems and now you had to wait before you had a 10 your contract and um I know that we can't change anything that's in the agreement but there were a lot of questions that I had any agreement does this company have um do they have an engineering firm do they have um a research portion to be able to research grants that are Ava available if we're doing infrastructure do they have an engineering ter team to tell us there's questions I have 10 years personally I think it's too long but there's a motion to adopt there's been a second roll call yeah I just want to make one point clear I I guarantee you they have an engineering firm I don't want the public to think that this company we don't know whe they have an engineering firm or not so I don't want to put you know that we're my biggest concern is passes that we're doing it with the country we don't even know if they have an they have an engineering guaranteed they an engineering firm my biggest concern is 10 years I get and I felt the same way about the cable contract you go 10 years it's crazy why that's too long you can vote the way you want my opin I just want to throw it out there that we don't know if they have an engine we don't know if they have an engine they they they should do my opinion you're right roll call an adoption of the order Council kadim yes Dion yes Hart yes Kilby yes Pereira no pony yes Roso yes Samson yes president yes I feel like Jack maderas Mr have a brief recess to sign the ordinances motion can we have a brief recess to sign the or there's more c will take a brief reset [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] city council will reconvene M cler we have the miscellaneous traffic ordinance for Passage through final reading motion so made motion pass through second ordinance has made in seconded all in favor I any opposed motion carries and then we have the zoning map Amendment for the water front and Transit oriented development District final pass to be ordained has been made and seconded all in favor I any oppos motion carries that's all we have motion toour motion toour for city council now adjourn motion made in second all in favor any opposed motion carries good night everyone good job night Monday right Monday [Music] overy hey [Music] heyyy hey hey hey hey hey hey [Music] --------- [Music] heyy [Music] be call to order uh Mr clerk call a roll please here here here first item is number two uh to adopt or I'm sorry yeah open me door pursuant to the open me or any person may make an audio or video recording this public hearing or meeting or may transmit the meeting through any medium attendees are therefore advised that such recordings or Transmissions are being made whether perceived or unperceived by those present and are deemed acknowledged and permissible now please call a roll we did okay okay thank you a little off today so item number two the minutes please number one inut Cien we have one okay Alexander Sylvia um is the only individual to sign up 148 Purchase Street Fall River the issue is the hry Sylvia school and pis agreements thank you hello Alexander Silva 148 purch Street um happy to see the real estate committee meeting uh I would just ask that the committee consider a possible future agenda item uh to discuss any future sales of the bank Street Armory um I don't think that the committee discussed it at all in the recent um effort to dispose of the property and I think that the real estate committee could be a very valuable Forum uh to solicit Community input kind of try to maybe figure out what we're going to do with the future of that building I think this committee is actually um situated for that uh secondly the Sylvia school I think some people may have saw a recent Herald news article saying that the city was going to be taking possession of the syvia school former Sylvia school on Hartwell Street um again and uh so I would also ask the committee consider a future agenda item to discuss the Sylvia school and what the city plans on doing uh with that future disposition maybe getting ahead of the ball on that one um and then also just remind the community and the committee that that school is actually only returning to the city's hands as a result of efforts of the preservation Society of Fall River uh inves gaining the purchase and sale agreement uh as a result of that it was discovered that conditions of sale were attached to the property and the reverter Clause that was used to bring the property back to the city's hands as well as the Lincoln School uh for that sale that was what got the city some money for that um I just think that it would be a good time to maybe establish a process for the committee to maybe once a year review purchase and sale agreements that are outstanding in the city to verify conditions of sale been met um the Healey School playground is also on the agenda for tonight and that like through the efforts of the preservation stud it was discovered that the purchase and sale agreement for the Healey school is missing actually we don't have it at the city so just to show the importance of that process and what it could do for the city thank you if you could say it second so there is a resolution that was filed um with regards inventory of City owned property so tonight's meeting uh basically was to just deal with the issues we have before us that that have been on the committee for some time so this it's truly intent of the chairman and the the members here to uh to to visit that uh because particularly the Armory as you know went to committee on finance so it's in abeyance right now um and we are taking up an issue with regard to um the Armory staying within the jurisdiction of just a park department or a joint um ownership or not ownership but um offices over that building so it it's we're aware of it but thank you Mr Alexander as usual for your everything you contribut to the community we appreciate it thank you I just hope uh the urgency is a little bit more than the committee meeting for the first time in June thank you okay thank you appreciate it okay so now it's item number two uh minutes um October 25th 2022 second all in favor I oppos so voted number three communication mayor requesting discussion of future use of Hick Street top lot form Le to he Healey School Mo from second all in favor all so voted mistakens see here you having done here okay so uh M Akens we're on item number three yes sir the Hicks Street top lot Seth Aken City administrator you can begin um so from what I understand um what we have is is a piece of property that at this point is um uh it's Z to family uh does meet the requirements for a duplex um there are certainly uh opinions as to what the the value of the property is uh currently it's adjacent to some new um uh construction uh that's gone up in the last year um and I think the city would certainly be interested uh in selling that property uh if the real estate committee uh is also amenable um at this point right now I think it just has some broken down playground equip uh and that's about it on it um but the city at this point is very open to uh to conveying that property if there's an interest in a a buyer for uh fair market value counc prayer thank you didn't the city already clean out the Tot Lot because some of the equipment that was there was you know hazardous to kids yep some of that uh so some of that equipment was not only dangerous because condition but I believe that some of the weeds and grass that was growing up around that uh was considered potential harborage for rodents so there was some cleaning that was done in that and some of the equipment was removed yep I I remember um the gentleman that owns oh my God I can't think of his name um Wholesome Bakery yes oh well that's sweet okay I'm sorry I can't think of his name anyway he um wanted to clean that up and put a chat lot there um I don't know if it was in memory of someone or wanted to do something um so perhaps he'll want to buy it or somebody else will buy it I don't know how much room there is between that and other things that are there um it's not a really big possible property it's not so the the zoning would only really tolerate you know possibly a multif family um nothing more you know no more structures than that that you know one larger multif family structure and I yield any interest in uh creating a playground out of that area I think the city would would prefer to convey it at this point um you know obviously this you know playgrounds are great uh but also playgrounds come with maintenance and and other things and I think at this point uh the city's interest is in conveying the property so somebody can develop it okay C good uh no I'd make a motion um to make a recommendation for the sale of the property that we go through an RSP process yeah read my mind so motion's been made and seconded to authorize um the purchasing department to um prepare rfps for this committee's referral uh examination and and approval of of the same so I will uh motion go ahead I'm sorry is that that y okay motion has been made second it all in favor I so voted thank you yeah you might have to stay mistake okay item number three communication mayor requesting discussion of future hit I'm sorry that sheep is scrapes my glasses there right I still have them on item number four City resident requesting to purchase a uh Apostle of City owned land um it's held for discussion so that um that does not have to be lifted from the table or you see here no it does not first time okay so um I know we have the individuals who um were interested would you like to come down please thank you you identify yourself for the record your name and address please Jennifer Rio 123 greenl Street Far River denisea rjo 123 Green Leaf Street in FL River okay um can you state your interest and and uh you you know obviously while you're here you want to C the proper yes yes there is a easement that is uh next to our property and that we'd like to purchase and we're also okay with purchasing we got some pictures here that we took of it the easement goes from like so we have our property and then it also attaches I there's another little easement behind it and we'd be okay with purchasing that too um a basic reason for doing this is just that we want to be able to maintain because it's not cared for by the city so we've been maintaining it to beautify it keep it mowed keep things cut back keep it looking nice um this easement is only used sometimes by neighbors to walk through we're not looking to stop that at all um there's a big boulder at one end of the easement so this this easement is never used for access to get to the lake um and we're not we're of course not interested in purchasing that cuz where everybody goes for the eent to go to the lake um but we would just like to purchase that just trying to I'm sorry to interrupt you trying to familiar myself with the property so this is all the way down to the end of Stafford Road yeah it crosses over into Tiff and then goes back into Fall River yeah yeah and um if we have to and then yeah it's are you talking about this from the Stone from the stone is your property that's the easement that we're looking to um who'd you get the ement from M anybody okay I was looking at the yeah you can see this one that's from like from the boulder all the way down through our property and you might be able to see the uh okay Council prayer okay um who gave you the easen who's the easen on your deed is the EAS from the city it's it's it's City own it's City own so the easement is from the city of for River in a butts off property okay but that property isn't mowed isn't taken care of not unless not unless we do it well like even going from the um we kind of like where people drive the boat to get to the the river like we we take care of that like we just did it this weekend we we will we'll mow it keep down the weeds or anything like that yeah and when people come to put the boats in it's not that land no no no there's a street no there's a street in front of us right Street here yep going down okay yeah actually this picture shows from my yard you can actually see across the street the right way that actually goes to South witha Pond okay Mr chairman I'd make a motion that we refer this to the administration just to do some uh I guess research on the uh on the parcel itself and give us a recommendation as to whether or not they want to move forward with the property or if there's a reason for us to to maintain the property well um to that point I believe we did receive a letter um from Mr furland oh it's in I'm sorry um let's see here Mr furland uh who represents the city and who is the expert on this issue U I'll read it for the record Lauren after review of this lot I could not find any definitive result that said it was owned by the water or sewer departments with that being said in the future this pel could play A Part helping to improve the wall water quality of the southw UPA Pond as this fle has a stream that runs through it and empties into the South wupa Pond looking at a quick assessment of the Watershed and its stream includes a large Wetland that appears to go all the way back to Hancock Street it's a long way and take a lot of drainage from the area from Stafford Road down to the Wetland so I can go on and read the rest um the last sentence is I would recommend that the city retain this property for the future use described above as well as the current uh value in relation to the drainage um so we it seems to me that the City wants to keep the prop okay but could we just get that one little part cuz like no water runs through there we don't have any water rushing through that end it comes down the road into the the water but there's nothing like there's no water on our property at all other than what's in my well there's no water that runs through there it does back like I don't I don't want to purchase the whole the thing I just want yeah I would just like to get what's right next to my house well I'll I'll I'll take input for the from the rest of the committee but my position is that I I did speak to Mr furland it's a a piece of property that the city wants to retain it's been an issue for some time with regards to the what's up a pond and algae and and different things and um I I I don't think the city if they don't want to sell all of it they're not going to this is my opinion this is my op they're not going to want to sell a piece of it um plus it has to go off for request for proposals um on any land that's owned by the city that sold so someone else might buy it maybe the uh the rowing Center that's um um that um is um you know down near um brute 24 they may want want the property so just be aware that sometimes what you ask for you're not going to get okay so um with that I I intend on not voting for this because um the the conversations I had no offense to you guys you ladies I'm sorry it's okay I use that term too Mr kadine Council kadine no I was just again I was just going to make a motion to refer to the administration I I know I guess Paul had a conversation I'm not sure if the administration had discussion with regards to this parcel done any research thank you counselor um so if you were to refer to the administration I think we could probably have a slightly more in-depth conversation um from what I understand right now the review has been basically on the plans um and so I think to have a better sense of what the actual real world conditions are in this particular parcel and whether or not you know there's any interest in conveying it uh with an easement given back to the city and maybe your right to pass and repass or something like that there's a number of ways to possibly do this we could at least have the conversation okay well that sounds fair um to to you you got uh you ladies yes so uh Council per yeah I don't have a problem with sending it to Administration for them to take a look at it but right here in the beginning I could not find any definitive results that said it was owned by the Water and Sewer Department but all of a sudden at the end oh now we need that for water quality and this and that our water department tends to want to buy any piece of land that's around they don't want the city to sell it they want to keep everything but then now there's a stream under it well how do you know that there's a stream under it did you check that there's a stream under it you're telling me there's no water on it no no no water runs through our property not that piece that you want so I think if the administration looks at it I think you need to say what are the dimensions of the piece that you're looking to keep yeah this by yeah what is it 100 ft long by like 20 ft in okay so I think that's important for them to know 100 by 20 cuz the rest of it will still be there the road will still be there and they'll still have drainage in the water but the chairman is right in saying 100 by 20 pel if you put that up for sale anybody can come in and bid on it yeah and sometimes people will come and bid because they want to plant a garden and they don't have land and they're going to plant a garden there yeah so and you I do okay so again I know Council had something saying not to stifle what uh what your ladies want to do but there it going to be some additional costs that the city's not going to bear um on your part for this okay I don't know if it's required for an environment environmental impact study I I don't know I'm just an appraisal of the property clean it up there like people throw trash over there clean up the trash keep the long cut you know no in terms of if if we we have to do the request for proposals mhm and if there's going to be condition attached to that okay and you're going to have to fulfill the conditions of that request if you're awarded it's going to be in the in the request for pul that there's certain things that you um have to do okay in order to acquire it oh okay so it's not as simple as um Council kadim does this more than I doing terms of being a the city administrator for secon but the way we frame their request for proposals like if the city sells it we don't want to incur any debt cuz we're not just going to give it up oh yes with costs to the taxpayers of the city to um take the necessary steps to sell you good and clear title as um well Council PR stated that um that the uh Mr fur's not sure if it's when the purview of the water and sewer departments but I think it's pretty clear the city does own it yeah okay so go ahead any anything to say no how you Council um say can just in terms of once we send it back to the administration could you also just do a quick review to see whether or not how I guess how the property was acquired whether it's through tax title because as you know if it's tax title then we can go directly to the neighbors and sell it to the neighbors um but if it's not tax title then we would have to obviously go through the RFP process so that would be helpful to know once you come back down with I guess a recommendation of the property or information sure all right thank you okay counc I I the only issue that I have is that I know um that these ladies brought something in in October I mean the first letter came in in October of 23 and now we're in May of 24 how long is it going to take the administration so they know either we're going to do something or we're not how long is it going to take the administration because to me it's unfair to have people waiting and waiting and waiting so is 30 days enough time that we can bring it back to this committee or is that not good is it 60 days I just hate to have we just have things that come before us and then months and months and months go by it's not fair to people well C per just to remind you um um Council pelte was the past chairman of this committee and um you know we we know the health issues he had no hold on on and that's fine this committee now and I'm saying if we're going to do this can remove this that we're not waitting yes things happen as soon as possible yeah but coun counc per to my point um he he was ailing and and um so we here now I mean so could have been here in January to Mr chairman with that I yield anything else great deal of difficulty making a point to council per 30 days 30 days did you hear yes motion to refer to the administration uh with the expectation that they return something back to to the committee within 30 days so okay keep in touch please yes thank you I appreciate you hearing us pleasure of course that's why we're here you thank you nice to meet you favor motion all in favor I so voted yeah item number five request of authorization for mayor to transfer three p of vacant land held as tax possessions uh to the water whato water board referred on 51424 no I'm a no a no one start should I just wanted her to tell us how she F okay it's the water of dep okay so we're on five I I already read that obviously so um M aens please I think the committee was I'm sorry the the committee as a whole was um I know I was prepared to vote on this um but Council per did want this to be vented a little bit and we do have a letter another letter from um uh had a tax tax title which is um attorney Thomas yes so you may begin uh so I think I mean the letter uh G goes a little bit into uh some of the history here and how the city came to uh take possession of the property they are three landlock Parcels they are not buildable they are not accessible um they are part of um what the water department is trying to do as a buffer uh as a protective area uh around their assets um in so there's very little uh value or commercial opportunity otherwise uh than to allow the water department to um include these in their uh in their real estate so it was taken through tax title so the um oh wait tell done it just looking to transfer it over to the department right taking through tax title uh they um tax title meaning that um it was taken for back taxes Attorney Thomas followed through with the procedure to do that and now the city is uh paying $30,000 for these fils to preserve it for perpetuity um in the interest of uh the the the water supply that's correct and the there is the fair market value of each parcel is about $10,000 so that's where the 101 and any questions so Mr chairman just through you um so I guess the 30,000 the appraisal so the 10,000 for the each parcel are we looking to have the Department pay the city $30,000 or what what was the purpose of the 30,000 so the 30,000 I believe is to uh clear the the tax liability so so so the war Department's got to take their Surplus and pay the city you know I don't know for sure that was my understanding but I just I I'd want to verify so if you could uh let me get back to you on that that's what I think is happening but I just want to be certain but we we do have a letter there's a letter from Mr you yield um I I I guess before I before I do that so I I assume that I don't know how much it was the tax title was the taken was whether it was 30 or 50 or 40,000 or even 5,000 but I would assume that obviously there's a value in and given the fact that it's an Enterprise fund that typically you would swap money and value for for the land and cash value so with that I yield C per I'm good you sure I well the only concern that I have is that Mr Aken didn't have the answers he's going to check and get back to us right is that what you just said yeah and I apologize I I I wasn't invited down for this uh piece you weren't you just kind of showed up no I I I stay I I you know I'm one of those guests that sometimes never leaves I'm glad to be here thank you it's nice to that we table till we find out the answer to council Kim's question and I agree with them I have a question about that myself okay all right so uh there's a motion to table second second all in favor I oppose so voted motion adj motion second all favor oppose voted [Music] hey hey hey hey hey heyy [Music] hey hey [Music] [Music]