May 11, 1992 – Regular City Council Meeting

CITY OF CENTRAL FALLS

REGULAR CITY COUNCIL MEETING

MONDAY, MAY 11, 1992

CITY HALL COUNCIL CHAMBERS AT 7:00 P.M.

A Regular Meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 7:15 P.M.

ROLL CALL Present:

Councilman Matthews

Councilman Ferri

Councilman Canavan

Councilman Paquette

Councilwoman Moreau

Quorum Present.

City Council President Robert J. Canavan presided.

PLEDGE OF ALLEGIANCE

Council President Canavan led the assembly in the Pledge of Allegiance.

MINUTES

Regular meeting April 13, Workshop April 27, Workshop April 29, and Workshop May 4, 1992.

Motion to accept collectively and place on file was made by Councilman Ferri and seconded by Councilman Paquette.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

PUBLIC COMMENT ON AGENDA ITEMS

There were no comments made at this time.

CITY OFFICER'S REPORTS

Municipal Court, Police Report Plumbing/Mechanical reports from May 1991 to March 1992, Dog Officer's Report Feb. & Mar.

Motion to accept collectively and place on file was made by Councilman Paquette and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

ORDINANCE (INTRODUCTION)

An Ordinance Requiring the numbering of Houses on City Streets.

Introduced by Council President Robert Canavan.

An Ordinance Establishing a Juvenile Curfew.

Correspondence from Mayor Lazieh read by Deputy City Clerk, Elizabeth Crowley.

ORDINANCE (FIRST PASSAGE)

An Ordinance Amending Article I, Section 14-1 "Schedule of Licenses and Permits" Plumbing Permit Fees.

Charles Pytel, Minimum Housing Director explained the purpose of this Ordinance and the need to regulate the installation of water heaters.  He related that many water heaters are being installed improperly which can cause serious problems.

Motion to approve was made by Councilwoman Moreau and seconded by Councilman Paquette.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

ORDINANCE (PUBLIC HEARING)

An Ordinance Amending Chapter 3, Section 3-4 Entitled Alcoholic Beverages License Maximum Number.

Council President Canavan opened the Public Hearing at 7:30 P.M.

Josephine McLaughlin questioned the number of BV Licenses from 29 to 27.

Councilman Paquette responded.  He stated that the only change for this Ordinance was to eliminate Class C and Class D Ltd. Licenses.

Public Hearing closed at 7:32 P.M.

ORDINANCE (FINAL PASSAGE)

An Ordinance Amending Chapter 3, Section 3-4 Entitled Alcoholic Beverages License Maximum Number.

Motion to approve was made by Councilman Paquette and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

PEDDLER LICENSE RENEWALS

Victor Iannitti d/b/a Vic's Produce

Donald Palagi d/b/a Palagi's Ice Cream

Ginevra Africo d/b/a Frostie Delight

Motion to approve collectively was made by Councilman Paquette and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

SECOND HAND LICENSE RENEWALS 1992

J & M Mower Inc. d/b/a J & M Mower Sales & Service

1281 Broad St. Mon.-Fri. 7:00 a.m. - 4:00 p.m.

Dorothy Laperle d/b/a Al's Odds & Ends

712 Broad St. Mon.-Sat. 10:00 a.m. - 5:00 p.m.

Leo A. Fontaine, Jr. d/b/a Bucky's Furniture

1269 Broad St. Mon.-Sat. 9:00 a.m.-5:00 p.m.

Simone Petit d/b/a Jr's

901 Broad St. Mon.-Sat. 9:00 a.m.-5:00 p.m.

Adel Pytka d/b/a Bargain Barn

725 Dexter St. Mon.-Sat. 10:00 a.m.-5:00 p.m.

Arthur Gagnier d/b/a Yankee Trader

1286 Broad St. Mon.-Sat. 10:00 a.m.-6:00 p.m.

B & L Machinery Inc. d/b/a B & L Sales

819 Lonsdale Ave.

Motion to approve collectively was made by Councilwoman Moreau and seconded by Councilman Ferri.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

USED CAR LICENSE RENEWALS 1992

B & L Machinery Inc. d/b/a B & L Sales

819 Lonsdale Ave.

Krikor Bedrosian d/b/a K.B. Motors Inc.

257 Hunt St. Mon.-Sat. 8:00 a.m.-8:00 p.m.

Antonio A. Garcia d/b/a Hub's Auto Sales Inc.

925 Broad St. Mon-Fri 7:30 a.m. - 8:30 p.m.

Sat. 7:30 a.m. - 5:00 p.m.

Thaddeus & Frederick Lewicki d/b/a Ted's Auto Sales

326 Broad St. Mon. - Sat. 8:00 a.m.-8:00 p.m.

Aquarius III Inc. d/b/a Associates Auto

19 Cross St. Mon.- Sat. 9:00 a.m. - 5:00 p.m.

Crown Auto Sales Inc.

601 Lonsdale Ave. Mon.- Fri. 8:00 a.m. -5:00 p.m.

Sat. 9:00 a.m. - 1:00 p.m.

Roger A. Bedard d/b/a Roger's Auto Sales

1220 Broad St. Mon.- Sat. 8:00 a.m. - 8:00 p.m.

J. F. Auto Sales Inc.

679 Lonsdale Ave. Mon. - Sat. 8:00 a.m. -5:00 p.m.

Manuel R. Currais d/b/a Holiday Auto Inc.

1295 High St. Mon. - Sat. 8:00 a.m. - 6:00 p.m.

Manuel R. Currais d/b/a Holiday Auto Inc. Annex.

97 Crossman St. Mon.-Sat. 8:00 a.m. - 7:00 p.m.

Motion to approve collectively was made by Councilwoman Moreau and seconded by Councilman Paquette.

Councilman Matthews questioned B & L Sales and asked if they had a State License.

Motion was amended subject to information being provided by B & L Sales as to their State Dealer's License.

Mr. Montgomery appeared later in the meeting and stated that he does have a State Dealer's license.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

JUNK LICENSE RENEWALS 1992

Sandford Fink d/b/a King Auto Parts & Sales

935 High St. Mon.-Sat. 8:00 a.m. - 5:00 p.m.

David Goldburg d/b/a R.I. Scrap Metal

763 High St.

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

Roll Call:

Motion carried 5 yes 0 no 0 absent.

CLASS A (RESTAURANT) LICENSE (NEW)

Jose A. Soto d/b/a Paraiso Tropical

55 Sheridan St.

Paul Brule, Esq. represented the applicants on this request.  He explained that this facility's primary business would be a restaurant to accommodate 20 people and that it would provide banquet facilities for approximately 200 people.  He also gave an overview of the managers restaurant experience.

Councilman Paquette asked what hours would the parties be operating.

Mr. Jose Soto, owner of the business, replied 11:00 a.m. to 1:00 a.m.

Mr. Nunez, the proposed manager of the facility stated that there would be approximately 5 to 6 parking spaces available.

Attorney Brule stated that they were negotiating with McDonald's and Kentucky Fried Chicken for additional spaces.

Councilman Matthews asked if they intended to serve liquor.

Attorney Brule stated that it would be premature at this time to request an alcoholic beverage license. The owners are intent on getting the business up and running before this type of request.

Charles Pytel stated that the applicants would need to submit plans and other approvals for certificate of occupancy.

Councilman Matthews requested that this be opened for public comment.

Council President Canavan opened the meeting without objection for public comment on this application.

Mr. Azar asked for the verification of business hours.

President Canavan responded.

Public Hearing closed.

Motion to approve was made by Councilman Matthews and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

DANCE LICENSE (NEW)

Jose A. Soto d/b/a Paraiso Tropical

55 Sheridan St.

Mr. Nunez explained that the facility would have banquet facilities and this was the reason that this license is requested.

Councilman Ferri stated that he would like to see the business in operation for three to four months before granting this type license.

Council President Canavan explained the history of the establishment with its prior occupants relative to noise and stated that the Council would like to see this establishment's track record.

Attorney Brule reminded the Council that the landlord is the United States Marshalls Service and that the lease has stipulations. Discussion ensued.

Councilman Matthews stated that perhaps the Council could grant a temporary license.

Councilwoman Moreau asked applicants what establishments were they previously employed at.

Mr. Nunez replied Esperanza in Lynn, Mass.

Motion to approve for 60 days a temporary dance license was made by Councilman Matthews and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 4 yes 1 no 0 absent.

CLASS C LICENSE (NEW)

Tammy Gomez & Nancy Gomez DeTabares

d/b/a Washington Street Market

69 Washington St.

Robert D. Watt, Esq. was present to represent the applicants.

Charles Pytel stated that he had a problem with a deli and ice cream window.

Councilman Matthews asked Deputy Clerk Crowley why this is listed as a new license and not a transfer.

Elizabeth Crowley, Deputy Clerk explained the policy of the City Clerk's Office relative to this type of license.

Motion to approve was made by Councilwoman Moreau and seconded by Councilman Ferri.

Motion carried 5 yes 0 no 0 absent.

GENERAL MERCHANDISE LICENSES (NEW)

Luis Lubo & Octabio Lubo d/b/a El Clasico Records

1252 Broad St.

Mon.-Sat. 9:00 a.m. - 9:00 p.m.

Motion to approve was made by councilman Matthews and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

Martin Forero d/b/a Flash Service Inc. Corp.

702 Broad St. (deferred 4/13/92)

Motion to table was made by Councilwoman Moreau and seconded by Councilman Matthews.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

CHANGE OF BUSINESS LOCATION

George Mitsoulis d/b/a Flash Electronics

1234 Broad St. from Dexter St. (deferred 4/13/92)

Motion to Summons applicant before Council and Order that business operations cease until that time was made by Councilwoman Moreau and seconded by Councilman Ferri.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

GENERAL MERCHANDISE LICENSE (HOME OCCUPATION)

Anelia Borges Cardoso 4 Hunt St. C.F.

Councilman Matthews questioned the need to license this type of business.

Deputy City Clerk, Elizabeth Crowley explained that the City Council enacted and Ordinance which requires all businesses in the City to be licensed.

Motion was made by Councilman Matthews to table and check with legal department to see if license is needed.  Seconded by Councilman Ferri.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

Councilman Matthews, later in the meeting, asked that this be removed from the table without objection.  So granted.

Motion to approve, subject to Legal Department clarification, was made by Councilman Ferri and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

AUTO REPAIR SHOPS (GENERAL MERCHANDISE) NEW

Pedro Diaz d/b/a P & P

96 Blackstone St. Mon.-Sat. 9:00 a.m. - 6:00 p.m.

Motion to approve subject to Minimum Housing and Fire Department regulations, was made by Councilwoman Moreau and seconded by Councilman Paquette.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

Manuel R. Currais d/b/a Holiday Auto Inc.

1295 High St.

Councilman Ferri stated that he had concerns relative to the approval of this license.

Charles Pytel related to the Council that this was passed by Zoning Variance with numerous stipulations.

Councilman Ferri stated that he was present at the Zoning Board Hearing and felt that the Fire Department had some concerns which it couldn't express in that forum and before approval be granted on this he wanted to hear from the Chief Coutu.

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

Roll Call:

Motion carried 5 yes 0 no 0 absent.

PRIVATE DETECTIVE LICENSE (RENEWAL)

Craig Charbonneau d/b/a Life & Security Detective Agency

797 Broad St.

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

Roll Call:

Motion carried 5 yes 0 no 0 absent.

OUTDOOR AMPLIFICATION

Penalva Restaurant 1374 Broad St.

1st Anniversary Celebration

July 12, 1992 6:00 p.m. to Midnight

Motion to table was made by Councilwoman Moreau and seconded by Councilman Paquette.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

POKER NIGHT

Fierlit-Korzen Post 79

44 Central St.

May 16, 1992 7:00 p.m. to Midnight

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

Motion carried 5 yes 0 no 0 absent.

POPPY DRIVE

Fierlit-Korzen Post 79

Annual Poppy Drive May 20, 21, 22, 1992

Motion to approve was made by Councilman Matthews and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

USE OF HIGGINSON AVENUE SPORTS COMPLEX

Colombian American Assoc.

Sunday July 19, 1992

12:00 p.m. to 7:00 p.m.

Annual Colombian Independence Day Celebration

Councilman Ferri asked why this was before the Council for approval.  He stated that this is a Recreation Board function and that the Council does not need to approve the fields.

Deputy City Clerk Elizabeth Crowley explained.

Councilwoman Moreau stated that this has come before the Council numerous times so that the Council could regulate the amplification and concessions that would be at this event.

Motion to approve subject to approval of abutters on the sound amplification was made by Councilwoman Moreau and seconded by Councilman Paquette.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

DINNER DANCE

Scouts Camp Keranna

at St. Matthews Church Hall

September 26, 1992 6:30 p.m. to Midnight

Motion to approve was made by Councilman Ferri and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

ABATEMENT & REFUND

Account # 07-0573-60 abate & refund $54.75

Computer Error

Motion to approve was made by Councilman Paquette and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

Councilman Paquette requested a recess.

Request withdrawn.

PETITIONS TO ADDRESS CITY COUNCIL

Elaine Partridge 136 Earle St. re:  Curfew

Mrs. Partridge spoke in favor of a curfew and presented the Council with a signed petition from the Community which asks for a Curfew, additional police on the 4:00 p.m. to midnight shift and for a voluntary police call force.  She related that she has owned property on Earle Street for 19 years and she and the petitioners are concerned by the vandalism and crime which is prevalent in the Community.  She stated that something had to be done to stop these crimes.

Council President Canavan thanked Mrs. Partridge for her remarks and stated that the City Council would be having Public Hearings on this matter.

Councilwoman Moreau thanked Mrs. Partridge in her efforts to acquire the signed petition and bringing the matter before the Council.

Ricardo Patino, Spokesman for the Political Committee of the Blackstone Valley addressed the City Council from a prepared statement which is centered around the Hispanic Community's role and employment within the City.  He remarked on the census report relative to the Hispanic population in Central Falls and representation in the Community.  He stated that he felt the City has ignored the needs of the Hispanic Community in the City and asked that the Council include a spanish speaking person in the budget for the Police Department.

Councilman Matthews respectfully commented on the City's History as a melting pot of many ethnic backgrounds.  He asked Mr. Patino if they also should have persons hired for their needs.

Mr. Patino replied that the Hispanic Community is the major minority in the City.

Councilman Matthews continued to address the ethnic diversity of the City.  He stated that the City's policy is to be provide equal opportunity based on ability for all ethnic groups.

Council President Canavan commented on the Hispanic Community and stated that some suggestions were made to help both the English Speaking and Hispanic Speaking of this Community, however he pointed out that the School Department has not ignored the Hispanic Community and has spent several million dollars providing for this Community.  He asked Mr. Patino if he has investigated the suggestions which have been made relative to this matter.

Councilwoman Moreau commented on the Police Department's work with the Hispanic Community and their efforts relative to speaking spanish.

Councilman Paquette explained the eligibility list for Police Officer and that in order to serve on the force a person must meet test requirements.

Richard Muggle of C.A.L.L re:  Crime Series Cards

Richard Muggle, President of C.A.L.L. addressed the City Council relative to banning the sale of True Crime Trading Cards. He described the cards as having the photograph of a mass murderer or serial killer on the front side of the card and a bio of the murderer on the reverse side.  He stated that he is asking the Council to ban the sale of these types of cards as they are sending a terrible message to our children. He spoke on how the people of the Community are trying to cleanup the image of the City.

Suzanne Mulhearn, President of Family & Friends of murdered victims spoke in favor of the ban and gave a brief history of the creation of these cards.  She stated that these cards are making heros of persons who have brutalized innocent victims.  She also commented that trading cards traditionally represents achievements of persons who have done something good in this society.  She asked the City Council to be the first Community in the State of Rhode Island to ban these cards.

Council President Canavan asked if this would create an even greater value to these cards.

Mr. Muggle stated that this would create a greater value to the first run of the cards, however, it would also stop the second and third run of these cards.  He also stated that these criminals receive royalties on these cards.

Richard Muggle related to the Council that there is presently on the books an Ordinance that could be used to prohibit the sale of these cards. He stated that section 18-15 of the Revised Ordinance regarding Obscene words, pictures or figures writing or drawing.  He then quoted the definition of word obscene from Webster's Dictionary.

Council President Canavan stated that he understood the position of C.A.L.L. but the City Council could not act irresponsibly and that they needed to know the legalities and not take away someone's rights.  He also stated that the Country is founded on freedom.

Richard Muggle stated that the Council should take action tonight and then let someone prove that your wrong.

The Council asked Chief Sasso for his opinion.

Chief Sasso stated that he agreed with Mr. Muggle.

Motion was made by Councilman Ferri to introduce an Ordinance Prohibiting the Sale of True Crime Cards in the City of Central Falls.  Motion seconded by Councilwoman Moreau.

Councilwoman moreau related that she has a son and does not want these cards in his hands, she also stated that the Council needed to protect the children of this City from this type of thing.

George Muksian commented on Section 18-15 of the Revised Ordinance and explained that the Obscenity Ordinance may not be applicable these cards.  He cautioned the Council that they should not enact Ordinances before discovery of the subject matter.  He also stated that the burden of proof is on the City. This section deals with obscenity and adjudication of how this is defined.  He then related to the Council the legalities of adjudication in this type of issue.

Councilman Matthews asked if the present Ordinance could be enforced on this particular issue.

George Muksian responded that this affects free speech and free enterprise and is not deemed contraband under any state of federal regulations.  He stated that he couldn't imagine the City making an arrest on this issue.  He further stated that its premature for the Council to take any issue without first finding out exactly what should be done.

Councilman Matthews asked if this would expose the City to liability.

George Muksian responded no, however the Council would also be invoking a Police power which also involves the authority to arrest.

Councilman Matthews then asked if the Council could introduce this Ordinance tonight.

George Muksian responded no because the requirements of posting have not been met, because the public has a right to be informed of what the Council is considering.

Council President Canavan stated that the Council could add to the agenda without objection.

George Muksian responded that he did feel the Council could not act on legislation with posting it first.  He stated that the public may wish to comment on this first.

Council President Canavan stated that there is no comment on Introduction.

George Muksian responded that this is problematic.

Councilman Matthews further question the ability of the Council to introduce an Ordinance without posting.

Richard Muggle related to the Council that the Revised Ordinances provide for emergency enactment of an Ordinance if there are 100 registered voters asking for this.

George Muksian responded that he didn't feel that this was an emergency situation and that the normal means by which Ordinances should not be deviated from in this instance.

Council President Canavan commented on changes to the agenda without objection including Introduction of Ordinances he also commented that the agenda is not published in the newspaper.

George Muksian commented on the measures taken in notice and posting of agenda.

Council President Canavan asked that even if this Ordinance was presented this evening and first passage taken at the Meeting on May 18, 1992 would he have sufficient time to research this matter.

George Muksian responded that he felt the Council shouldn't take any action without first reviewing the subject matter.  He stated the Council is operating in a vacuum based on newspaper stories and the Council should examine the actual items first before taking action.

Councilwoman Moreau responded that the Council invoke the use of the present Ordinance to allow time for the drafting of an Ordinance for first passage.  She stated that its time for the Council to start to take a stand.

George Muksian explained the Police Officer's duty to determine what is probable cause in enforcing the law.

Council President Canavan suggested that the Council could in the form of a Resolution ask the businesses in Central Falls not to sell the Cards.

Discussion ensued between Mr. Muggle and Council President Canavan.

Councilman Ferri reminded the President that there is still a motion on the floor to Introduce and Ordinance banning the sale of the Cards.

Councilman Matthews asked George Muksian if he was clear as to what the motion on the floor was and is the motion was legal.

George Muksian stated that he felt that this is ludicrous and that the Council should not act on sentiment but on clear facts. He stated that he felt that introduction of this is not legal and that it should follow procedure and comply with the legislative process in this City.  He stated that he doesn't see the emergency for this item.

Councilwoman Moreau asked who in this City determines what is an emergency.  She stated that isn't it determined by the Council as they are the body which makes the laws.

Council President Canavan stated that in his opinion the Chair decides what the emergency is and that the motion to introduce is proper.

George Muksian responded that emergencies are judged by using the methods of objectivity because the Council might subjectively feel that this is an emergency does not suggest that it is.  He asked what does common sense and reason say about this.  He stated that what is happening in L.A. in the last few weeks is an emergency and that this is frivolous.

Council President Canavan stated that he is not ruling that this is an emergency but rather that the introduction of this Ordinance is proper.

Discussion continued between Council President Canavan and Richard Muggle.

Councilman Matthews asked to act on the motion.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

Council President Canavan stated that this motion is to Introduce and Ordinance Banning the Sale of True Crime Cards.  So Introduced.

Motion was made by Councilman Matthews that the ban be enforced by the Ordinance that is presently in effect 18-15.  Motion seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0

Meeting was recessed by Council President Canavan for 5 minutes without objection.

Meeting reconvened at 10:10 P.M.

SOUND AMPLIFICATION

David Johnson for band rehearsals at 6 Cross St.

6:00 p.m. to 10:00 p.m. (deferred 4/13/92)

Mr. Johnson was not present at this meeting.

Councilman Matthews asked that abutters be heard in this matter without decision and without objection.

Public Hearing opened at 10:12 P.M.

Jean Racquier of 33 Cross St. commented on the neighborhood problems created by this amplification.  He stated that he has lived in this neighborhood for 30 years and was upset about the vulgarities that this band had displayed when he spoke to them about the noise.

A chronology of the complaints was submitted by Mr. Racquier to the Council.

Maurice Brousseau, former Councilman from Ward I, spoke of the problems and complaints he received when he was the Councilman representing this Ward.

Councilman Matthews commented on the problem and stated that the persons associated with the band has been summoned to Municipal Court.

Chief Sasso stated that this would be at the May 19th session of the Court.

Council President Canavan asked if this band ever obtained a license.

Chief Sasso responded no.  He also stated that this had been a problem for a long time.

Public Hearing closed at 10:25 p.m.

Motion to table was made by Councilman Matthews and seconded by Councilwoman Moreau.

Motion carried 5 yes 0 no 0 absent.

EXTENSION OF BUSINESS HOURS

Olde Time Donut Shop at 791 Lonsdale Ave.

4:00 a.m. to 7:00 p.m.

Motion to approve was made by Councilman Ferri and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

Little Alain Ltd at 593 Dexter St.

2:00 a.m. opening Monday thru Saturday

5:00 a.m. opening Sundays

Motion to table was made by Councilman Ferri and seconded by Councilman Matthews.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

HEARING

Odalis Garcia d/b/a Los Marineros Restaurant

716 Dexter St.

Attorney Gerard Laliberte was present to represent the licensee and commented on the conduct of this business since this incident and the first time before the Council. He stated that his clients have run a quiet business and is being a good neighbor.  He asked that the 5 days in which the business has been closed be considered as time served.  He asked that the Council not further penalize his clients and to take their good record since the incidents into consideration.

Councilwoman Moreau asked Chief Sasso for his opinion regarding this matter.

Chief Sasso stated that the licensee has complied with the City since this incident and there have been no problems.

City Solicitor George Muksian stated that the 5 day suspension was adequate.

Councilman Paquette stated that the Mayor closed the establishment as the Public Safety Director and also reopened it.  He stated that he felt that this is no longer a Council matter and since there has been no problems in the past 6 week the Council should consider the matter closed.

Councilman Ferri stated that he believed that 5 days was not enough and asked if the Council could give 5 days served and 10 days suspended.

George Muksian stated that this would restrain future limits and advised against it.

Council President Canavan stated that he was satisfied with a 5 days suspension served with a strong warning.  He also stated that he didn't believe that the City proved that the sale of alcohol took place on the premises.

Motion was made by Councilman Paquette to allow the 5 days served as penalty for offense and warned that any future incidents would be severely dealt with. 

Motion seconded by Councilwoman Moreau.

Roll Call:

Motion carried 3 yes 2 no 0 absent.

Enrique Batista d/b/a Rincon Dominicano

682 Dexter St.

Mr. Enrique Batista was summoned to appear, however, he was not at the meeting.  The persons present were Hipilito Grantini, the manager of the establishment.

The Council asked Mr. Grantini where Mr. Batista was.

Mr. Grantini was vague in his reply.

City Council President Canavan told Mr. Grantini to contact and bring Mr. Batista here this evening before the end of the meeting.

Councilman Matthews asked to table to later in meeting without objection.

The Council continued with the other business of the Council while waiting for Mr. Batista.

MAYOR'S APPOINTMENTS

Deferred 4/13/92

Motion to approve collectively was made by Councilman Ferri and seconded by Councilwoman Moreau.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

CORRESPONDENCES

Town of Cumberland Resolution re: Hawkers & Peddlers

Town of North Kingstown Resolution re: Trash Incineration

John A. Parmelee, Parmelee & Bacon re: City's Financial Status.

Councilman Ferri asked that the Clerk read the correspondence from North Kingstown.  So Read.

Motion to accept collectively and place on file was made by Councilman Ferri and seconded by Councilman Paquette.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

REPORT OF COUNCIL SUB COMMITTEE

Councilman Ferri commented on Council approval with regards to the use of fields and stated that the approval must come from the Recreation Board.  He asked that the City Clerk's Office check with Edmond Heroux about this matter.

Councilman Matthews commented on licensing and read the Ordinance pertaining to trade name certificates.  He asked what a professional means in regards to this Ordinances.

NEW BUSINESS

Board of Canvassers re: Ward redistricting.  Correspondence read by Deputy City Clerk, Elizabeth Crowley.

OLD BUSINESS

There was no old business discussed at this meeting.

HEARING

Rincon Dominicano

Mr. Grantini returned to the meeting and stated that he could not contact Mr. Batista.

Council President Canavan questioned Mr. Grantini regarding his role in the operations of the business.

Mr. Grantini stated that he is the manager of the restaurant.

Council President Canavan asked how often Mr. Batista is on the premises.

Mr. Grantini responded that he's there once in a while, perhaps once a week for about two hours.

Council President Canavan asked how many people worked there and what hours the business is open.

Mr. Grantini responded 4 people work there and that the restaurant is open from 8:00 a.m. to 9 or 10:00 p.m.

Council President Canavan asked Mr. Grantini how he was paid. 

Councilman Ferri asked where Mr. Batista was presently.

Mr. Grantini responded that Mr. Batista was in the Dominican Republic.

Chief Sasso state that he knows Mr. Batista and that he does reside at 47 Knight St.  He also state that he came upon this information when the house was involved in a drug raid in the third floor apartment of this address.  He also was informed that Mr. Batista sold the business to Mr. Grantini.

The Council asked the Chief for his recommendations.

Chief Sasso recommended that the license be revoked.

Motion was made by Councilman Paquette and seconded by Councilwoman Moreau to revoke the License of Rincon Dominicano.

Roll Call:

Motion carried 5 yes 0 no 0 absent.

The Council instructed Chief Sasso to remove the license from the premises the next day.

The City Clerk's Office was instructed not to accept any license applications for this location until further notice.

ADJOURN

Motion to adjourn was made by Councilman Paquette and seconded by Councilwoman Moreau.  All Agreed.  So Voted.  Time 11:20 P.M.

Elizabeth A. Crowley

Deputy City Clerk