Fall River disability commission refers $10,000 cap question to city law department, tables ramp request

The Fall River Commission on Disability voted on Feb. 12 to request a legal opinion from the city law department about a policy that would cap personal funding requests for residents with disabilities at $10,000, and then tabled a pending private ramp request until the commission’s March meeting.

The discussion centered on a policy originally adopted in 2021 that allows the commission to consider “proposals on an individual basis to residents of Fall River,” and on a proposed amendment that would cap those personal requests at $10,000. Vice Chair Debbie Pacheco read the proposed text aloud, saying the policy requires that “once funding has been approved by the commission, the allocation will be sent directly to the service provider and not the individual requesting services,” and that funds for renovations “will not be released until an inspection by the building inspector has determined that the rules and regulations of the Massachusetts Architectural Access Board has been complied with.”

The commission debated whether state law permits using handicap-parking revenue for improvements to private property. Chairman Dennis Paul Celi, who coauthored the 2021 policy, said the policy’s authors intended to retain the option for individuals to request funding and that the current vote was limited to imposing a $10,000 cap on such requests. Celi noted the commission’s funding source is the handicap-parking revenue account created under state law and said the cap would not change the underlying 2021 policy beyond setting a limit.

City attorney Gary Howiak advised caution and recommended obtaining a written legal opinion from the law department before disbursing funds for private property. Howiak said the commission should “ask the law department for a legal opinion to be sure that you're comfortable knowing that you can allocate these funds, which are technically public funds for the purpose of individuals on private property who will be benefiting,” and added that the current written policy is “so vague as written” that it would benefit from clearer, narrowly tailored criteria.

Commission members also noted alternative funding sources. Commissioner Anne O’Neil Souza said the city’s Community Development home-rehabilitation program can assist homeowners or tenants with accessibility renovations and that the program may provide loans up to $15,000 that can be deferred or forgiven depending on income eligibility.

After discussion the commission voted to refer the legal question to the city law department. The referral motion was made by ADA coordinator Kevin Paselli and seconded; the roll-call vote recorded all members present as voting yes. Later in the meeting, with the applicant for a private ramp request absent by agreement, the commission voted to table that specific proposal until the next meeting on March 12.

Votes at a glance: - Motion to approve minutes of Jan. 8, 2025 — Approved (roll-call: Dennis Paul Celi: yes; Debbie Pacheco: yes; Lisa Silva: yes; Dan Robillard: yes; Anne O’Neil Souza: yes; Katie Driscoll: yes). - Motion to refer the personal-request-for-funding question (including the $10,000 cap) to the city law department for a legal opinion — Approved (mover: Kevin Paselli; second: not specified; roll-call: unanimous among members present). - Motion to table the private ramp/personal funding request — Approved (mover: Dennis Paul Celi; second: not specified; roll-call: unanimous among members present). - Motion to adjourn — Approved (roll-call: unanimous among members present).

Discussion vs. decision: The commission did not adopt or reject the $10,000 cap itself at this meeting. Members debated the cap and the broader policy (passed in 2021), heard legal caution from the city attorney and noted alternative funding through Community Development. The only formal actions were (1) referring the legal question to the law department and (2) tabling the specific ramp funding request until the March meeting. The commission chair and other members repeatedly emphasized that individual proposals would be decided “on the merits” if the body later moves forward.

The commission scheduled its next meeting for March 12; the specific private ramp request will return to the agenda pending the law department opinion and the applicant’s participation.

Sources: Commission discussion and roll-call votes recorded on Feb. 12, 2025; policy text read into the record by Vice Chair Debbie Pacheco; legal guidance from city attorney Gary Howiak; program details described by Commissioner Anne O’Neil Souza regarding the Community Development homeowners rehabilitation program.