May 1, 1995 - Special City Council Meeting

CITY OF CENTRAL FALLS

SPECIAL CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS

MONDAY MAY 1, 1995

A SPECIAL MEETING OF THE CENTRAL FALLS CITY COUNCIL WAS HELD ON THE ABOVE DATE IN THE CITY HALL COUNCIL CHAMBERS AT 6:35 P.M.

ROLL CALL

COUNCILMAN MATTHEWS

COUNCILMAN GOES ABSENT

COUNCILMAN CANAVAN

COUNCILMAN PAQUETTE

COUNCILWOMAN MOREAU

QUORUM PRESENT.

PLEDGE OF ALLEGIANCE

COUNCIL PRESIDENT ROBERT CANAVAN PRESIDED AND LED THE ASSEMBLY IN THE PLEDGE OF ALLEGIANCE.

MAYOR'S APPOINTMENTS

MAYOR LAZIEH WAS PRESENT AND SPOKE REGARDING HIS APPOINTMENTS. HE READ HIS CORRESPONDENCE TO THE COUNCIL AND ANSWERED VARIOUS QUESTIONS FROM COUNCIL MEMBERS WITH REGARDS TO THE APPOINTMENTS OF THE JUVENILE HEARING BOARD. THE COUNCIL WAS CONCERNED WITH FILLING POSITIONS ON THIS BOARD WITH A MEMBER FROM EACH OF THE 5 CITY WARDS.

MAYOR LAZIEH STATED THAT HE TRIED TO REACH PEOPLE FROM EACH WARD BUT THOSE PERSONS HE CONTACTED WERE UNABLE TO SERVE FOR A VARIETY OF DIFFERENT REASONS.

COUNCILWOMAN MOREAU STATED THAT SHE WANTED A MEMBER OF THIS BOARD TO BE FROM WARD 5. MAYOR LAZIEH RESPONDED THAT THERE IS STILL A POSITION VACANT ON THE BOARD AND THAT HE WOULD ENDEAVOR TO FILL THE POSITION WITH A PERSON FROM WARD 5.

COUNCILMAN PAQUETTE QUESTIONED THE MAYOR AS TO WHETHER ANYONE FROM THE CITY APPLIED FOR THE PERSONNEL SPECIALIST'S POSITION.

MAYOR LAZIEH THAT THERE WAS ONE APPLICATION, WHICH WAS LATER WITHDRAWN BY THE APPLICANT.

ZONING BOARD OF REVIEW

CANDY P. SALAZAR

510 DEXTER STREET

TERM TO EXPIRE JAN. 1997

MOTION TO APPROVE WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 3 YES 1 NO 1 ABSENT.

BOARD OF CANVASSERS

FRANCIS E. TONDREAU

20 BUTLER AVENUE

TERM TO EXPIRE MARCH 2001*REAPPOINTMENT

MICHAEL V. O'MALLEY, ESQ.

306 CENTRAL ST.

TERM TO EXPIRE MARCH 1997*REAPPOINTMENT

WALDEMORE JAMRO SR.

200 CROSS ST.

TERM TO EXPIRE MARCH 1999

MOTION TO APPROVE COLLECTIVELY WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILMAN CANAVAN.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

ZONING BOARD OF REVIEW-ALTERNATE

GEORGE CHARPENTIER *REAPPOINTMENT

38 BUTLER AVENUE

TERM TO EXPIRE JAN. 1996

DENNIS J. PARTRIDGE

136 EARLE STREET

TERM TO EXPIRE JAN. 1996

MOTION TO APPROVE COLLECTIVELY WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

BOARD OF PENSIONS & RETIREMENT

EDMUND L. MINOR* REAPPOINTMENT

13 BUTLER AVENUE

TERM TO EXPIRE JAN. 1998

MOTION TO APPROVE WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

DETENTION CENTER BOARD PURCHASING BOARD

THOMAS H. KEEFE

1035 LONSDALE AVENUE

TERM TO EXPIRE AUG. 1999

PATRICIA SALISBURY*

16 RIVER STREET

TERM TO EXPIRE AUG. 1999

CHARLES COELHO*

151 CROSS STREET

TERM TO EXPIRE AUG. 1999

MOTION TO APPROVE COLLECTIVELY WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 3 YES 1 NO 1 ABSENT.

PURCHASING BOARD

*RONALD RAHEB

99 EMMETT STREET

TERM TO EXPIRE JAN. 1998

MOTION TO APPROVE WAS MADE BY COUNCILWOMAN MOREAU AND SECONDED BY COUNCILMAN PAQUETTE.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

RECREATION BOARD

*JOSEPH F. KRAKOWSKI

187 HUNT STREET

TERM TO EXPIRE JAN. 1998

MOTION TO APPROVE WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

BOARD OF APPEALS-ALTERNATE

*HELEN LEGENZA

7 TIFFANY STREET

TERM TO EXPIRE JAN. 1996

MOTION TO APPROVE WAS MADE BY COUNCILWOMAN MOREAU AND SECONDED BY COUNCILMAN PAQUETTE.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

JUVENILE HEARING BOARD NOMINEES

RAYMOND P. COONEY, ESQ.                               JULIANNE BARSOUM

81 DARLING STREET                                               47 HAWES STREET

CENTRAL FALLS, R.I.                                              CENTRAL FALLS, R.I.

TERM TO EXPIRE APRIL 1996                                TERM TO EXPIRE APRIL 1997

JOHN CHICA                                                             MELISSA LATRAVERSE FLAHERTY

152 LINCOLN AVENUE                                           166 CENTRAL STREET

CENTRAL FALLS, R.I.                                              CENTRAL FALLS, R.I.

TERM TO EXPIRE APRIL 1997                                TERM TO EXPIRE APRIL 1998

ALDO A. BALDERA SR.                                           LORRAINE M. MACPHERSON,CUSC

55 PACIFIC STREET                                                 439 HUNT STREET

CENTRAL FALLS, R.I.                                              CENTRAL FALLS, R.I.

TERM TO EXPIRE APRIL 1998                                TERM TO EXPIRE APRIL 1996

MOTION TO APPROVE COLLECTIVELY WAS MADE BY COUNCILWOMAN MOREAU AND SECONDED BY COUNCILMAN PAQUETTE.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

APPOINTMENT OF EX-OFFICIO MEMBERS OF THE CITY COUNCIL

COUNCILMAN LOUIS PAQUETTE

53 SUMNER AVENUE

CENTRAL FALLS, R.I.

TERM TO EXPIRE JANUARY 1996

NO VOTE TAKEN ON THIS APPOINTMENT AS THIS IS AN EX-OFFICIO APPOINTMENT.

HISTORIC DISTRICT COMMISSION

NORMAND DEGUILIO                    *KENNETH CASTLE

61 COTTAGE STREET                      16 RIVER STREET

TERM TO EXPIRE NOV. 1997         TERM TO EXPIRE NOV. 1996

MOTION TO APPROVE COLLECTIVELY WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILMAN CANAVAN.

MOTION CARRIED 3 YES 1 NO 1 ABSENT.

REDEVELOPMENT AGENCY

FERNANDO RAMOS

17 COWDEN STREET

TERM TO EXPIRE APRIL 2000

MOTION TO APPROVE WAS MADE BY COUNCILMAN MATTHEWS AND SECONDED BY COUNCILWOMAN MOREAU.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

* DENOTES REAPPOINTMENTS.

PERSONNEL SPECIALIST

BRADFORD E. SOUTHWORTH

46 WILTON AVE.

PAWTUCKET, R.I.

MOTION TO APPROVE WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILMAN CANAVAN.

COUNCIL PRESIDENT CANAVAN QUESTIONED THE PENSION STATUS OF MR. SOUTHWORTH.

COUNCILMAN PAQUETTE QUESTIONED STATUS REGARDING THE NUMBER OF DAYS HE CAN WORK.

MAYOR LAZIEH RESPONDED TO COUNCIL MEMBERS QUESTIONS AND RELATED THE SAVINGS TO PENSION AND MEDICAL BENEFITS.

MOTION DIES 2 YES 2 NO 1 ABSENT.

RESOLUTIONS (INTRODUCTION)

RESOLUTION AUTHORIZING THE CITY TAX COLLECTOR TO GRANT FORBEARANCE OF INTEREST PENALTIES ON PAST DUE AUTOMOBILE TAXES AND TANGIBLE PERSONAL PROPERTY TAXES DURING THE PERIOD BEGINNING MAY 2, 1996 THROUGH JUNE 16, 1995 IF ALL SUCH TAXES DUE AND PAYABLE ARE PAID IN FULL.

CITY CLERK ISSA READ RESOLUTION TITLES.

THERE WERE NO PUBLIC COMMENTS.

FRANK JUCHNIK COMMENTED IN FAVOR OF THE RESOLUTIONS.

MAYOR LAZIEH DISCUSSED THE PROGRAM AND THE INTENT TO COLLECT TAXES INTEREST FREE. HE EXPLAINED THE COST OF LEGAL FEES IF THIS IS TURNED OVER TO AN ATTORNEY FOR COLLECTION.

COUNCIL PRESIDENT CANAVAN COMMENTED TO THE FINANCE DIRECTOR AND STATED THAT THE 1993 TAXES SHOULD NOT BE INCLUDED IN THIS PROGRAM.

COUNCILMAN MATTHEWS ASKED IF THIS WOULD INCLUDE THE TRAILERS ON HIGH STREET.

MR. JUCHNIK RESPONDED YES, BUT THIS WOULD NOT INCLUDE ANY REAL ESTATE TAXES.

RESOLUTION RESERVING OR RESTRICTING CERTAIN SUMS FROM THE 1993/1994 BUDGET AND TRANSFERRING THEM TO THE CAPITAL EXPENDITURE RESERVE FUND.

HEARINGS

SECOND HAND LICENSE

JOSE A. PEREZ

GARCIA AUTO SALES

595 LONSDALE AVE. C.F.

STEVEN D. DILIBERO, ESQ. WAS PRESENT TO REPRESENT MR. PEREZ.

CITY CLERK ISSA READ THE SUMMONS.

MR. DILIBERO ENTERED A PLEA OF NOT GUILTY ON BEHALF OF HIS CLIENT.

MR. DILIBERO MOTIONED FOR HIS OWN STENOGRAPHER.

CITY SOLICITOR MUKSIAN INDICATED THAT THE TAPE WILL SUFFICE.

A POSTPONEMENT WAS REQUESTED BY THE CITY SOLICITOR FOR REASONS OF SUFFICIENT DISCOVERY.

COUNCIL PRESIDENT CANAVAN COMMENTED. HE SUGGESTED THAT A STENOGRAPHER WOULD BE MORE EFFICIENT FOR THIS

HEARING.

COUNCILWOMAN MOREAU INDICATED THAT SHE WANTED TO PROCEED WITH THIS CASE.

MR. DILIBERO STATED THAT HE TRIED TO HAVE THE CITY SOLICITOR DELAY THIS HEARING AND THAT HIS CLIENTS WOULD PAY FOR THE STENOGRAPHER.

COUNCILWOMAN MOREAU MOVED TO CONTINUE WITH THE PROCEEDING.

COUNCIL PRESIDENT CANAVAN SECONDED.

COUNCILMAN MATTHEWS QUESTIONED THE CITY SOLICITOR ON THE LEGALITY OF THE PROCEEDINGS.

MR. DILIBERO STATED THAT HIS CLIENT WOULD NOT BE TESTIFYING BECAUSE OF PENDING CRIMINAL CHARGES.

VOTE ON MOTION TO CONTINUE:

MOTION CARRIED 5 YES 0 NO O ABSENT.

INSPECTOR TED RANDALL FROM ATTORNEY GENERAL'S OFFICE WAS CALLED UPON.

MR. DILIBERO OBJECTED.

TED RANDALL SWORN IN BY CITY CLERK ISSA.

TESTIMONY OF MR. RANDALL REGARDED COCAINE AND ALTERED AUTO PARTS FOUND IN OR ABOUT GARCIA'S AUTO BODY AT 595 LONSDALE AVE. C. F.

MR. DILIBERO OBJECTED.

MR. RANDALL STATED THAT THE SUBSTANCE WAS TESTED POSITIVE AS 30.70 GRAMS OF COCAINE.

MR. DILIBERO OBJECTED.

MR. DILIBERO'S FIRST OBJECTION WAS PROCEDURAL.

MR. RANDALL CONTINUE WITH HIS TESTIMONY. HE EXPLAINED THAT HE REMOVED THE DASHBOARD TO A VEHICLE, PHOTOGRAPHS WERE TAKEN AND HE RELATED HIS EXPERIENCE.

PHOTOGRAPHS TAKEN WERE DISTRIBUTED TO THE COUNCIL AND MR. DILIBERO AND ENTERED AS AN EXHIBIT. THE EXHIBIT WAS LATER WITHDRAWN BECAUSE OF THE CRIMINAL CHARGES. COPIES WOULD LATER BE PROVIDED AS WELL AS TOXICOLOGIST REPORTS WHICH WERE REVIEWED BY THE COUNCIL AND MR. DILIBERO.

COMMENTS MADE ON MR. PEREZ'S ARREST. MR. DILIBERO OBJECTED THAT THERE WERE NO COPIES OF ARREST PAPERS.

CITY SOLICITOR MUKSIAN STATED THAT THEY WERE NOT RELEVANT.

COCAINE WAS SEIZED FROM UNDER THE SEAT OF VEHICLE MARKED, A FIELD TEST FOR COCAINE WAS TAKEN AND LATER SENT TO THE TOXICOLOGIST. MR. RANDALL STATED THAT HE IS THE EVIDENCE CUSTODIAN AND THAT HE HAD DATED AND INITIALED ALL THE EVIDENCE COLLECTED.

MR. RANDALL WAS QUESTIONED BY ATTORNEY DILIBERO. HE STATED THAT THERE WERE THREE OTHER PEOPLE IN THE VICINITY WHO WERE NOT QUESTIONED ABOUT COCAINE. HE STATED THAT THERE ARE 15 OR 16 VEHICLES INSIDE THE PREMISES, DASHBOARDS WERE ON THE FLOOR.

ATTORNEY DILIBERO HAD NO FURTHER QUESTIONS OF THE WITNESS.

COUNCILMAN MATTHEWS QUESTIONED MR. RANDALL WHO RELATED THAT ONE DASHBOARD WAS ON THE FLOOR AND ON WAS IN A CAR.

ATTORNEY DILIBERO OBJECTED.

MR. RANDALL STATED THAT THE VIN NUMBER WAS RUN AND TRACED TO A SIMILAR CAR WHICH WAS NOT STOLEN. THE CHARGES WERE ALTERING VIN NUMBERS. HE STATED THAT VIN NUMBERS ARE NOT SUPPOSED TO BE REMOVED. VIN NUMBERS ALSO APPEAR ON THE CHASSIS AND ON MOTOR OF CAR.

MR. DILIBERO'S OBJECTIONS WERE NOTED.

MR. RANDALL STATED THAT A HOT CAR COULD GET A GOOD VIN NUMBER AND LATER BE SOLD.

COUNCILMAN MATTHEWS QUESTIONED THE LAST KNOWN OWNER OF THE CAR WHERE THE COCAINE WAS FOUND.

ATTORNEY DILIBERO QUESTIONED AUTO BODY LICENSE.

MR. RANDALL STATED THAT THE CONTROLLED SUBSTANCE WAS LOCATED UNDER THE SEAT OF A 1986 TOYOTA. MR. PEREZ WAS READ HIS RIGHTS.

MR. RANDALL STATED THAT HE COULD NOT RELATED ANY MORE DETAILS BECAUSE OF THE PENDING CRIMINAL CHARGES.

COUNCIL PRESIDENT CANAVAN COMMENTED.

CITY SOLICITOR MUKSIAN COMMENTED.

DISCUSSION ENSUED.

MR. RANDALL STATED THAT MR. PEREZ TOLD THE OTHER MAN TO REMOVE THE VIN NUMBERS.

ATTORNEY DILIBERO QUESTIONED MR. RANDALL.

CITY SOLICITOR QUESTIONED MR. RANDALL.

FIRE DEPARTMENT CHIEF COUTU WAS SWORN IN BY CITY CLERK ISSA.

CHIEF COUTU COMMENTED ON AN INSPECTION CONDUCTED AT 595 LONSDALE AVE.

ATTORNEY DILIBERO OBJECTED.

THE OBJECTION WAS OVERRULED.

CHIEF COUTU STATED THAT ON DEC. 7, 1994 AN INSPECTION WAS CONDUCTED WITH MR. ED. BREAULT. HE STATED THAT THE OCCUPANTS WERE NOTIFIED.

THERE WAS NO OBJECTION TO THE INTRODUCTION OF PACKET FROM THE INSPECTIONS.

CHIEF COUTU CONTINUED AND RELATED THE HISTORY OF THE INSPECTION OF MARCH 29, 1995. HE STATED THAT THERE WERE 10 FIRE CODE VIOLATIONS FOUND ON THE AUTO BODY SHOP.

CITY CLERK ISSA COMMENTED ON CITY LICENSE FOR SECOND HAND AUTO SALES.

CITY SOLICITOR MUKSIAN QUESTIONED THE CHIEF.

CHIEF COUTU REVIEWED THE VIOLATIONS, HE STATED THAT HE DID NOT DO THE INSPECTIONS PERSONALLY, BUT THAT FIREFIGHTER GEORGE ASSIS CONDUCTED THE INSPECTION.

ATTORNEY DILIBERO OBJECTED TO INTRODUCTION OF PACKETS SINCE THE CHIEF DID NOT CONDUCT THE INVESTIGATION.

VIOLATIONS WERE READ BY CHIEF COUTU ATTORNEY DILIBERO ASKED IF THE DEPARTMENT WAS THERE SINCE MARCH 29,

1995.

CHIEF COUTU ANSWERED NO.

GARCIA'S AUTO WAS NEVER CONTACTED FOR VARIANCES OR EXCEPTIONS. GAS TANKS AND DUMPSTER STORED INSIDE BUILDING, FIRE EXTINGUISHERS NOT INSPECTED, OPEN ELECTRICAL BOX, SEWER SYSTEM POSSIBLY CONTAMINATED ETC.

COUNCILMAN MATTHEWS QUESTIONED CHIEF COUTU.

COUNCILMAN MATTHEWS QUESTIONED CITY SOLICITOR MUKSIAN.

COUNCIL PRESIDENT CANAVAN QUESTIONED CITY SOLICITOR MUKSIAN.

ATTORNEY DILIBERO OBJECTED.

OBJECTION WOULD BE WITHDRAWN IF LEGAL GUIDANCE IS GIVEN.

COUNCIL PRESIDENT CANAVAN ASKED FOR A MOTION.

COUNCIL PRESIDENT CANAVAN CALLED A 5 MINUTE RECESS.

ATTORNEY DILIBERO OBJECTED.

COUNCIL RECESSED AT 8:58 PM

RECONVENED AT 9:20 PM

COUNCILWOMAN MOREAU QUESTIONED ATTORNEY DILIBERO REGARDING FIRE CODE VIOLATIONS.

ATTORNEY DILIBERO RELATED THAT HIS CLIENT IS WILLING TO HAVE THE FIRE DEPARTMENT DO AN INSPECTION OF THE PREMISES.

COUNCIL PRESIDENT CANAVAN COMMENTED AND EXPLAINED ABOUT PROBLEMS WITH THE CARS OUTSIDE THE BUILDING AND THE APPEARANCE TO THE NEIGHBORHOOD IS POOR. HE ALSO COMMENTED ON THE POTENTIAL FOR FIRE WITH PAINT, OXYGEN, ACETYLENE THAT THESE CHEMICALS CAN PRODUCE AND THE CONCERN ABOUT EXPLOSION.

THE CITY COUNCIL WILL TAKE NO ACTION AT THIS TIME UNTIL AFTER THE INSPECTION. THEY SUGGESTED THAT MR. PEREZ CLEAN UP THE PROPERTY SO THAT IT DOESN'T LOOK LIKE A JUNK YARD.

COUNCILWOMAN MOREAU STATED THAT THE UNREGISTERED VEHICLES BE REMOVED FROM THE STREET AND THAT SPEED LIMITS BE REDUCED IN THE AREA.

MOTION TO DEFER ACTION AT THIS TIME WAS MADE BY COUNCILWOMAN MOREAU UNTIL THE CHIEF OF THE FIRE DEPARTMENT REPORTS BACK AND SECONDED BY COUNCILMAN PAQUETTE.

MOTION CARRIED 4 YES 0 NO 1 ABSENT.

CLASS C LICENSE

TAMMY GOMEZ & NANCY DETABARES

WASHINGTON STREET MARKET

69 WASHINGTON ST. C.F.

CITY CLERK ISSA READ SUMMONS.

DINA VEIGA, ESQ. WAS PRESENT AND ENTERED A PLEA OF INNOCENT ON BEHALF OF HIS CLIENTS.

ATTORNEY VEIGA REQUESTED A CONTINUANCE AND A STENOGRAPHIC RECORD FOR ANY PROCEEDINGS.

MOTION WAS MADE BY COUNCILWOMAN MOREAU TO CONTINUE WITH THE HEARING.

SECONDED BY COUNCIL PRESIDENT CANAVAN.

CHIEF SASSO STATED THAT HIS OFFICERS ARE PRESENT AND READY TO TESTIFY.

COUNCILMAN MATTHEWS STATED THAT A CONTINUANCE SHOULD BE GRANTED.

MOTION DIES 1 YES 3 NO 1 ABSENT.

MOTION TO GRANT A CONTINUANCE WAS MADE BY COUNCILMAN MATTHEWS AND SECONDED BY COUNCILMAN PAQUETTE.

MOTION CARRIED 3 YES 1 NO 1 ABSENT.

THE CITY CLERK WAS ASKED TO NOTIFY THE MINIMUM HOUSING DEPARTMENT TO APPEAR AT THE NEXT MEETING OF THE COUNCIL NEXT MONDAY.

CITY CLERK ISSA RESPONDED THAT TO HIS KNOWLEDGE THE HOUSING DEPARTMENT WAS ONLY NOTIFIED TODAY OF THIS MEETING.

COUNCIL PRESIDENT CANAVAN APOLOGIZED TO THE POLICE OFFICERS FOR HAVING THEM COME TO THIS MEETING.

ADJOURN

MOTION TO ADJOURN WAS MADE BY COUNCILMAN PAQUETTE AND SECONDED BY COUNCILMAN MATTHEWS. ALL AGREED. SO VOTED. TIME 9:38 P.M.

_______________________________________

DANIEL J. ISSA, CITY CLERK