April 1, 1992 - Special City Council Meeting

CITY OF CENTRAL FALLS

SPECIAL CITY COUNCIL MEETING

WEDNESDAY, APRIL 1, 1992

A Special Meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 6:07 P.M.

Roll Call present:

Councilman Matthews

Councilman Ferri

Councilman Canavan

Councilman Paquette

Councilwoman Moreau

Quorum Present.

Council President Robert Canavan presided.

Motion was made by Councilman Paquette and seconded by Councilwoman Moreau to recess to Executive Session under R.I. General Laws.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

Chief Sasso was invited to the Executive Session.

Meeting reconvened at 6:49 P.M.

HEARING

Los Marineros Restaurant 716 Dexter St. C.F.

City Clerk Daniel J. Issa read summons.

Gerard Laliberte, Esq. of Old River Road, Lincoln, R.I. was present to represent Odalis Garcia, Owner of the restaurant.

Attorney Laliberte commented on the trash problem at the restaurant and explained that this was a contractual problem and has been remedied. He further explained the hours of operation and that from 9:00 a.m. to closing there are about 700 patrons who utilize the this restaurant. Attorney Laliberte related to the Council that he had not seen a copy of the Police Report. Attorney Laliberte told the City Council that Mr. Garcia understands that he cannot serve liquor. He stated that it was family members and employees who had beer. He asked the Council to give Mr. Garcia a chance as he is a new business owner and that this is not a serious violation.

Council President Canavan asked Attorney Laliberte why beer was in Coke cans.

Mr. Garcia, through his interpreter, related that there were six beer cans in the refrigerator the first time the police were there and he related that it belonged to employees.

Mr. Garcia related the events that followed the first visit by the police and how they came to discover alcoholic beverages in cups at the establishment. Mr. Garcia related that he would seek the assistance of his brothers to be sure that no one brings alcoholic beverages into the restaurant. He stated that he has invested $12,000 in this business and he would be sure that there are no further incidents of this kind.

Attorney Laliberte asked Mr. Garcia if he would be willing to post a sign in Spanish that prohibited patrons from bringing alcoholic beverages into the restaurant.

Mr. Garcia stated that he would do whatever is necessary to remain open.

Councilman Paquette questioned Mr. Garcia relative to the restaurant's doors being locked when Police arrived.

Mr. Garcia related that he locks the door of the restaurant at 9:00 p.m. to keep control of the patrons already in the establishment. He stated that when the Police arrived he opened the doors immediately.

City Clerk Issa gave Attorney Laliberte a copy of the reports as he requested.

Councilman Paquette asked how many patrons were in the restaurant when the first incident occurred.

Mr. Garcia responded 12 and that there were 8 on the second and 6 on the third incident.

Councilman Matthews asked Mr. Garcia if he was present all three times.

Mr. Garcia responded yes.

Councilman Matthews stated that Mr. Garcia was told the first time that no alcohol was allow on the premises and why was it allowed there the next two times.

Mr. Garcia explained that on the first occasions the Police found 6 cans in the refrigerator on the other two occasions the Police sniffed around in cups but found no beer or wine containers on the premises.

Attorney Laliberte pointed out that according to the Police report the beer was found in the kitchen where the cook is and not in the restaurant itself.

Councilman Paquette asked the interpreter to read the police report of March 30th at 8:52 P.M.

Councilman Paquette asked why the owner allowed the female to consume the beverage on the premises when he had been warned not to allow it.

Mr. Garcia explained that he wasn't at the restaurant when Police first arrived his employees told him of the incident and he stated that he approached the lady in question and asked he why she was drinking in his establishment. He stated that he told her that she shouldn't be doing this and that this could get him in trouble.

Councilman Paquette asked Mr. Garcia where she got intoxicated at his restaurant or elsewhere.

Mr. Garcia stated that she came into the restaurant in that condition.

Councilman Paquette stated that Mr. Garcia is responsible for all his patrons as well as his business and that he could have refused to serve this person if he felt that she was a danger to his business.

Mr. Garcia explained that the lady in question made a large order to go and that she was no posing a problem at that time. He also stated that he respected the laws of this City and that he would abide by them. He repeated that he has invested a large amount of money in this business and that he would not be foolish enough to jeopardize this business for something like this. He stated that he feels that he has done the maximum amount of discipline as possible. He stated that most of his patrons are people he is familiar with but not everyone. He stated that he has had no violent crime etc.

Councilman Matthews questioned the number of incidents and that alcoholic beverages were found there. He asked if Mr. Garcia agreed to that this was true.

Mr. Garcia agreed.

Councilman Matthews asked the Council if they were aware of R.I.G.L. 11-30-4. He asked Chief Sasso to explain that law.

Chief Sasso explained that 11-30-4 states that it is a nuisance to serve alcoholic beverages for establishments not licensed. He also explained that section 11-30-5 states that in the establishment it is a violation and you don't have to prove the sale of it.

Attorney Laliberte stated that he would not comment on this since he has not seen this however, he stated that Mr. Garcia has been honest with the Council and that he hasn't seen any real evidence that these violations have occurred.

Councilman Matthews asked if Chief Sasso had a copy of this law.

Chief Sasso replied no.

Councilman Ferri asked Attorney Laliberte if he has seen the photos relative to evidence in this case.

Attorney Laliberte explained what he meant by evidence.

Councilman Ferri asked Mr. Garcia if there is a video machine at his establishment.

Mr. Garcia explained that it was something there at the time he purchased the business but it was broken and never in operation.

Mayor Lazieh commented that this is the first time he has taken this type of action. He was made aware of an incident by the Police Department and he told them to monitor the situation. He related that the Police Department followed up on the establishment and later reported that other incidents had occurred after the first. He was told that no license was posted, beer was found and that a video game was on the premises. He further stated that he contacted the Minimum Housing Department and the City Clerk relative to the license and trash. Mayor Lazieh stated that after further incidents he ordered the establishment closed.

Mayor Lazieh further explained that he met with Mr. Garcia and stated that Mr. Garcia has cooperated with the City relative to the rules by which his type of establishment must operate.

Council President Canavan asked the Mayor for his recommendation relative to the matter.

Mayor Lazieh recommended that since the establishment has been closed for five days, that this be considered as time served, and that this will serve as a warning to other businesses that the City will not tolerate these types of violations.

Councilman Matthews questioned two soda cans found 3/28/92.

Mr. Garcia responded that he did not smell them but doesn't doubt Police. He also stated that he doesn't sell soda in cans and that they are not his cans. He stated that these cans were found near the entrance, not on a counter.

Chief Sasso stated that he didn't know where the cans were found in the establishment. He stated that Captain Costa was there at the time.

Councilman Ferri questioned the video machine.

Mr. Garcia replied.

Councilwoman Moreau asked how many people were employed.

Mr. Garcia responded that he has two paid employees and sometimes his mother and girlfriend also helped.

Councilman Ferri asked how many patrons.

Mr. Garcia clarified that he makes $600 to $700 dollars per day not 600 to 700 patrons per day.

Councilman Paquette asked Mr. Garcia to explain his responsibilities as a license holder.

Mr. Garcia responded that he has a serious responsibility and that he would see to it that there would be more discipline in the future to ensure a properly run establishment.

Councilman Matthews further questioned the ownership of the cans of beer found in the establishment.

Mr. Garcia stated that they were his brother's.

Councilman Matthews asked further questions relative to the ownership of the beverage cans.

Mr. Garcia stated that he was informed that the beer was not to be served in the restaurant but why not in the kitchen for his employees.

Councilman Matthews asked Chief Sasso if this is in violation of the law.

Chief Sasso responded that the mere presence was in violation.

Councilman Matthews further questioned the state law relative to the brown bag law.

Chief Sasso stated that perhaps that there seems to be a conflict in the law. He commented on an Ordinance prohibiting the Brown Bag in the establishment.

Attorney Laliberte stated that there would be no more alcohol on the premises.

Councilman Ferri asked the hours of operation.

Mr. Garcia responded 9:00 a.m. to 10:00 p.m. 7 days per week.

Council President Canavan asked Chief Sasso had anything further to add.

Chief Sasso stated everything was pretty much expressed this evening. He commented that he had strong feelings on what should take place and that the owner has been fully apprised of the violations and that Mr. Garcia fully understands. He expressed that he feels that the license should be revoked.

Attorney Laliberte asked Chief Sasso if he would agree that this individual would have a problem understanding the law.

Chief Sasso agreed, however he feels that after speaking with an interpreter Mr. Garcia fully understands.

Attorney Laliberte summed up that Mr. Garcia is from the Dominican Republic and that he has invested a great deal of money and that he would be responsible to see to it that his establishment is run properly.

Charles Pytel questioned the number of people in the restaurant and other Code enforcement requirements.

Mr. Garcia responded.

Councilman Ferri motioned that establishment's license be suspended 15 days, subtracting the 4 days the business has been closed which would allow the business to reopen on the 13th of April. Councilman Paquette clarified Councilman Ferri's motion with Councilman's Ferri permission. Closed until 6:00 a.m. April 13th post all licenses, post seating capacity, and all approvals of Minimum Housing. Motion made by Councilman Paquette and seconded by Councilman Ferri.

Councilman Paquette commented that he feels that this is not a severe penalty but if this establishment comes before the Council again the Council will enforce a more severe penalty.

Mr. Garcia stated that he fully understood.

Roll Call:

Motion fails 3 no 2 yes 0 absent.

Council President Canavan turns Chair to Councilwoman Moreau to makes a motion.

Councilman Canavan moved to suspend the license 60 days subject to all requirements as previously stated. No second.

Councilwoman Moreau returns the Chair to Council President Canavan.

Councilwoman Moreau stated that 15 days was not enough and that there must be a clear message to all that this City would not tolerate this. She stated that the problem should have been taken care of the first time the owner was told. She spoke of the language barrier and some measures should be taken to correct this in the future. She stated that should would like to table to April 13 th meeting for City's protection.

Attorney Laliberte stated that he has a problem with this and that if the Council took this action he would take it to the Judge and ask for an injunction.

Council President Canavan commented.

Motion was made by Councilwoman Moreau to table until April 13, 1992 and request City Solicitor be present at this time.

Council President turned Chair to Councilwoman Moreau for the purpose of seconding motion.

Councilman Matthews stated that there is no reason not to act on this tonight.

Roll Call:

Motion carried 3 yes 2 no 0 absent.

Mayor Lazieh commented that his recommendation was that action be taken tonight.

Council President Canavan commented that perhaps the Chair should not have allowed this to be placed on the agenda for this evening.

Council President Canavan recessed for five minutes.

Meeting reconvened at 8:42 P.M.

USE OF JENKS PARK

Channel One Annual Easter in the Park April 11th.

Motion to approve was made by Councilman Ferri and seconded by Councilman Paquette.

Roll Call:

Motion carries 5 yes 0 no 0 absent.

Council President Canavan stated his regrets to Mr. Pytel and his staff for attending.

Councilwoman Moreau asked the Chair to set another meeting date with Mr. Pytel.

The Council set April 13, 1992 at 5:30 P.M. to meet with Mr. Pytel.

ZONING ORDINANCE

William Siemers explained 601.9.

Councilman Matthews asked about legislation setting up a Historic District 45-24.

Councilman Ferri questioned 601.4 A.

Council President Canavan opened the meeting to the public.

Lorraine Savard asked if there were copies of this Ordinance available.

Mr. Siemers stated no because the Ordinance was still being revised.

Mr. Muggles asked about demolition.

Mr. Siemers responded 90 days.

William Siemers explained section 602 Planned Unit Development Overlay District and section 603 Residential Cluster Development.

Council President Canavan turned the Chair to Councilwoman Moreau.

Councilman Matthews asked questions relative to cluster zoning and open space and access to the riverfront.

William Siemers replied.

Councilman Ferri commented.

Councilman Matthews questioned Zones on Henry and Washington Streets.

Discussion ensued relative to the zone being changed from C-1 to R-3.

Councilman Matthews questioned Perry Street zoning.

William Siemers stated that he did go back out to review the number of single family units on that street.

Discussion ensued.

It was determined to zone this an R-2.

The Council agreed to re zone Mr. Dauray's property to M-2.

Council discussion then centered around New Haven Avenue and M-2 zones.

Councilwoman Moreau commented on zones from Emmett Street to Bagley. She requested that change from R-2 to R-3.

William Siemers stated the total number of 1, 2 and 3 family units in the area.

Discussion centered around population and industrial growth.

Planning Department's goal is to reduce population growth.

William Siemers explained the cost of government services relative to population growth and the tax base of the Community.

Councilman Matthews commented about cluster development in the High, Hunt & River St. area.

The Council then discussed the area where the trailer trucks are now located and decided that this should be R-1.

William Siemers commented on section 206.7 and how it relates to the cemetery.

Council President Canavan asked if Mr. Siemers could set aside any major concerns he has when drafting the corrected version of this Ordinance.

William Siemers stated that he could and suggested that perhaps the Council may wish to address some of these issues in separate Ordinance, such as yard sales etc.

Councilman Ferri commented on house numbers and political signs.

William Siemers asked if the Zoning Ordinance could be placed on the April 13, 1992 meeting.

Council President Canavan suggested that this Ordinance should not be placed on the April 13th meeting but rather at a Special Meeting of the Council solely for this Ordinance.

Councilman Matthews further questioned the zoning ordinance and the Historic District.

Councilman Paquette suggested that the HDC be kept separate from the rest of the zoning.

Robert Wonders, Chairman of Planning Board commented.

Norman Digulio, Planning Board member commented.

Josephine McLaughlin commented.

Rick Patino commented.

William Siemers commented.

Councilman Matthews commented that he still had questions on the Historic District and others on the zoning, he commented that he was not prepared to take action on the Ordinance.

Council President Canavan asked when the Council would be prepared to proceed on this ordinance.

William Siemers commented.

Council President Canavan with the consensus of the Council determined that the next meeting for the Ordinance would be scheduled at the April 13, 1992 meeting.

Motion to adjourn was made by Councilwoman Moreau and seconded by Councilman Paquette. All Agreed. So Voted. Time 11:30 P.M.

Daniel J. Issa, City Clerk