CITY OF CENTRAL FALLS
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
WEDNESDAY, JUNE 26, 1996
7:00 P.M.
A SPECIAL MEETING OF THE CENTRAL FALLS CITY COUNCIL WAS HELD ON THE ABOVE DATE IN THE CITY HALL COUNCIL CHAMBERS AT 7:06 P.M.
COUNCILMAN FARRELL
COUNCILMAN FERRI
COUNCILMAN WEBER
COUNCILMAN AUNCHMAN
COUNCILMAN CANAVAN
QUORUM PRESENT.
COUNCILMAN WEBER ASKED FOR A MOMENT OF SILENCE IN OBSERVANCE OF THE SERVICEMEN WHO LOST THEIR LIVES IN THE BOMBING AT SAUDI ARABIA.
COUNCIL PRESIDENT CANAVAN PRESIDED AND LED THE ASSEMBLY IN THE PLEDGE OF ALLEGIANCE.
MR. WOODS QUESTIONED COUNCIL MEMBERS ASKED IF THIS IS GOING TO BE PASSED IN SECRET. HE IS REFERRING TO AN ORDINANCE REGARDING THE MUNICIPAL COURT. HE FURTHER COMMENTED.
DETENTION FACILITY CORP. - AUDITED FINANCIAL STATEMENT 7/1/95-12/31/95
MOTION TO ACCEPT AND PLACE ON FILE WAS MADE BY COUNCILMAN AUNCHMAN AND SECONDED BY COUNCILMAN FERRI.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | YES |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 5 YES 0 NO 0 ABSENT.
ABIGALE RODRIGUEZ D/B/A CRV COMMUNICATIONS
844 LONSDALE AVE. C.F.
MOTION TO TABLE WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILMAN FARRELL.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | YES |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 5 YES 0 NO 0 ABSENT.
ELIS ENEL
D/B/A BOTANICA CORAZON DE JESUS
525 BROAD ST. C.F.
MOTION TO TABLE WAS MADE BY COUNCILMAN AUNCHMAN AND SECONDED BY COUNCILMAN FERRI AND COUNCILMAN WEBER.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | YES |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 5 YES 0 NO 0 ABSENT.
FRANKLIN A. CRUZ
D/B/A RUBIO'S MINI MARKET
518 BROAD ST. C.F.
COUNCILMAN FERRI REQUESTED THAT THE OWNER KEEP SIDEWALKS CLEAN AND, IN WINTER, TO REMOVE SNOW AND ICE.
MOTION TO APPROVE WAS MADE BY COUNCILMAN WEBER AND SECONDED BY COUNCILMAN FERRI.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | YES |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 5 YES 0 NO 0 ABSENT.
HARRY R. MINKE
D/B/A CAPITAL INVESTIGATIONS
POB 11 C.F.
COUNCILMAN WEBER QUESTIONED APPLICANT.
COUNCILMAN FERRI QUESTIONED.
MOTION TO APPROVE WAS MADE BY COUNCILMAN WEBER AND SECOND BY COUNCILMAN FARRELL.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | YES |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED R YES 0 NO 0 ABSENT.
CHRISTIAN ASSEMBLY
AT HIGGINSON AVE.
RELIGIOUS ECUMENICAL TENT MEETING
JULY 26, 27, 28, 1996.
COUNCILMAN WEBER WOULD NOT BE IN FAVOR OF PLACING A TENT ON THE FIELD. TOO MUCH GOING ON.
COUNCILMAN AUNCHMAN COMMENTED.
EDMUND HEROUX RECREATION DIRECTOR COMMENTED ON HIS RESERVATIONS OF ERECTING A TENT AT THE FACILITY FOR THREE DAYS. FIRST BECAUSE OF THE FIELD, SECONDLY WHO WOULD BE RESPONSIBLE FOR THE TENT AND THE LIABILITY FACTOR. ALSO THE TYPE OF EVENT COULD BE A DISTRACTION TO OTHER ORGANIZATIONS USING THE FIELD AT THE SAME TIME LIKE THE LITTLE LEAGUE WHO HAVE AN EXTENDED SEASON WITH FRIDAY & SATURDAY GAMES.
COMMUNITY POLICE LEAGUE WILL BE IN THE BASKETBALL AREA.
COUNCILMAN WEBER STATED THAT HE WOULD LIKE THE APPLICANT TO SIT DOWN WITH RECREATION DIRECTOR SO THAT HE COULD KNOW FIRST HAND WHAT EXACTLY IS PLANNED.
MOTION TO TABLE WAS MADE BY COUNCILMAN FERRI STATING THAT THE APPLICANT SHOULD BE PRESENT BEFORE THE COUNCIL MAKES ANY DECISION, MOTION SECONDED BY COUNCILMAN WEBER.
RESOLUTION IN SUPPORT OF LEGISLATION RELATED TO THE CENTRAL FALLS MUNICIPAL COURT.
COUNCIL PRESIDENT CANAVAN QUESTIONED THE CITY SOLICITOR.
JIM BRIDEN STATED THAT THE LEGISLATION IS BASICALLY CHANGING THE APPEAL PROCESS. IT WOULD MAKE THE CITY'S ACT IDENTICAL TO PAWTUCKET'S, MOST OF THE POWER THAT EXIST IN THE PROPOSED LEGISLATION IS ALREADY IN THE CURRENT ACT. IT JUST DEFINES THE ABILITIES OF THE COURT TO A GREATER EXTENT. THIS LEGISLATION IS MORE SPECIFIC.
COUNCILMAN WEBER ASKED WHAT IS A WRIT OF CERTIORI.
JIM BRIDEN STATED IT MEANS THAT AN APPEAL IS TAKEN DIRECTLY TO THE SUPREME COURT.
COUNCILMAN WEBER ASKED IF THE COST TO THE HOMEOWNER IS GREATER.
JIM BRIDEN STATED THAT IT DEPENDS ON THE CASE, NOT NECESSARILY ON WHAT COURT. HE SAID IT REDUCES THE DELAY.
COUNCILMAN FARRELL ASKED IF THIS WOULD EXPEDITE THE APPEAL.
JIM BRIDEN STATED THAT THE APPEAL IS TO THE HIGHEST COURT, HE SAID THAT PAWTUCKET IS SATISFIED WITH THIS. THE POTENTIAL FOR DELAY IS REDUCED.
COUNCILMAN FARRELL COMMENTED.
COUNCILMAN CANAVAN QUESTIONED HOW THE PRESENT ORDINANCE DIFFERS.
JIM BRIDEN EXPLAINED THAT THERE ARE TWO TYPES OF APPEALS-THIS ACT COVERS 2 DIFFERENT AREAS. HOUSING AND ANY MUNICIPAL LAW. DE NOVO HEARING-STARTING OVER APPEAL WITH RECORD. THE APPEAL PROCESS TO HOUSING ACT. THE SYSTEM HAS WORKED VERY WELL IN PAWTUCKET AND IS A GOOD WAY OF PROCEEDING.
PUBLIC HEARING OPENED.
ROBERT WOODS COMMENTED ON THE COURT SYSTEM AND SPOKE AGAINST THE ORDINANCE HE ALSO STATED THAT THIS WILL COST A SMALL FORTUNE TO APPEAL, HE SAID THIS IS AMERICA AND THAT FOR 30 YEARS OF HOUSING INSPECTIONS THE CITY IS WORST NOW THAN EVER. HE SAID THAT THE COUNCIL HAD BETTER LOOK THIS OVER GOOD. HE IS PLACING THE BLAME ON THE
CONDITION OF HOUSING IN THE CITY WERE IT BELONGS ON THE CITY. HE SAID FEDERAL FUNDS AND THE CRAZY SCHEMES OF THE PLANNING BOARD IS WHAT HAS CAUSED THESE PROBLEMS.
COUNCILMAN FARRELL STATED THAT THE BLAME IS ON THE ABSENTEE LANDLORDS.
MR. WOODS CONTINUED TO COMMENT ADAMANTLY OPPOSED TO THIS LEGISLATION. HE SAID THAT THE CITY SHOULD JUST GO AFTER THE BAD GUYS AND NOT PUNISH THE GOOD GUYS.
JOSEPHINE MCLAUGHLIN QUESTIONED VIOLATIONS AND HOW THIS LEGISLATION WORKS.
JIM BRIDEN THERE IS REALLY NO CHANGE IN HOUSE VIOLATIONS. THE LEGAL DEPARTMENT WILL SERVE AS THE PROSECUTION.
CANNOT HAVE A MUNICIPAL COURT WITHOUT A REFERENDUM. HE STATED THAT THE CITY IS NOT SEEKING TO AMEND THE CHARTER, SEEKING TO REPEAL AND REPLACE A R.I. GENERAL LAW.
COUNCIL PRESIDENT CANAVAN ASKED THE CITY SOLICITOR IF HE IS CONVINCED THAT THE PRESENT MUNICIPAL COURT IS LEGAL.
JIM BRIDEN RESPONDED YES.
COUNCIL PRESIDENT CANAVAN CONTINUED TO QUESTIONED JIM BRIDEN.
MR. WOOD COMMENTED ON THE CHARTER AND STATE LAW.
DISCUSSION CONTINUED WITH MR. WOOD.
THE CITY SOLICITOR WAS INSTRUCTED TO LOOK INTO THE LEGALITY OF THE MUNICIPAL COURT.
ROBERT ZUBA- HAWES ST. ASKED HOW MANY OTHER CITIES HAVE THIS LEGISLATION.
THE SOLICITOR RESPONDED.
MR. ZUBA STATED THAT DUE PROCESS IS GREATLY DIMINISHED. HE ASKED HOW MANY CASES BROUGHT BEFORE THE MUNICIPAL COURT SYSTEM.
THE SOLICITOR RESPONDED THAT NONE HAVE BEEN BEFORE THE COURT IN A LONG TIME. THE CITY CAN PROSECUTE UNDER THE CURRENT ORDINANCE. JUSTIFICATION-IS NOT IN THE BEST INTEREST OF THE MUNICIPALITY HOUSING ISSUES DELAYED BY THE BACK LOG IN DISTRICT AND SUPERIOR COURT. THE SOLICITOR WILL CHECK THE CONSTITUTIONAL ISSUE. -RIGHT OF ENTRY..ETC.
DISCUSSION CENTERED ON CONSTITUTIONAL ISSUES AND ADJUDICATION HOUSING MATTER TIED UP IN COURT ARE GREATLY LESSENED.
MR ZUBA STATED THAT HE FEELS THAT MORE STUDY SHOULD BE DONE ON THIS ISSUE.
MR. WOOD COMMENTED AND QUOTED THE 4TH AMENDMENT TO CONSTITUTION.
JIM BRIDEN POINTED OUT THAT THIS WILL NOT BECOME OUR ORDINANCE UNLESS THE COUNCIL LEGISLATES IT.
MR. WOODS CONTINUED HIS ARGUMENTS AGAINST THIS ISSUE.
PUBLIC HEARING CLOSED.
COUNCILMAN FERRI COMMENTED ON THE TIME SPAN IN THE APPEALS PROCESS. THIS RESOLUTION IS NOT THE LAW IT JUST ALLOWS AN ORDINANCE TO BE ENACT. HE SAID HE DOES FEEL THAT THIS NEEDS SOME WORK AND FURTHER RESEARCH.
MOTION TO APPROVE RESOLUTION WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILMAN FARRELL.
COUNCILMAN WEBER COMMENTED THAT HE HAS RECEIVED MANY COMPLAINTS FROM RESIDENTS ABOUT SLUM HOUSING AND THERE IS A NEED TO TAKE WHAT EVER ACTION IS NECESSARY TO GET SOME TEETH INTO THE HOUSING COURT.
COUNCIL PRESIDENT CANAVAN COMMENTED DOES APPEAR THAT IT TAKES AWAY MORE AND MORE RIGHTS OF THE INDIVIDUAL.
COUNCILMAN FARRELL STATED THAT HOUSING CODES ARE TO PROTECT THE HEALTH AND WELFARE OF THE RESIDENTS.
| COUNCILMAN FARRELL | YES |
| COUNCILMAN FERRI | YES |
| COUNCILMAN WEBER | YES |
| COUNCILMAN AUNCHMAN | YES |
| COUNCILMAN CANAVAN | YES |
MOTION CARRIED 5 YES 0 NO 0 ABSENT.
COUNCIL PRESIDENT CANAVAN RECESSED THE MEETING AT 8:15 P.M.
MEETING RECONVENED AT 8:20 P.M.
PRESIDENT PRO TEMP. ROBERT FERRI ASSUMED THE CHAIR.
AN ORDINANCE RELATING TO MINORS, PRESCRIBING THE CURFEW FOR JUVENILES.
AN ORDINANCE AMENDING FEES FOR LICENSES AND PERMITS.
AN ORDINANCE AMENDING GENERAL MERCHANDISE LICENSES.
AN ORDINANCE AMENDING LICENSE FOR HAWKERS AND PEDDLERS.
INTRODUCED AT REQUEST OF COUNCILMAN FERRI AND COUNCILMAN AUNCHMAN
SO INTRODUCED.
NO OLD BUSINESS.
COUNCILMAN WEBER COMMENTED ON LITTLE LEAGUE. RESIDENTS WERE REMINDED OF THE RABIES CLINIC.
MOTION TO ADJOURN WAS MADE BY COUNCILMAN AUNCHMAN AND SECONDED BY COUNCILMAN WEBER. ALL AGREED. SO VOTED. TIME 8:30 P.M.
_____________________________________________
ELIZABETH A. CROWLEY, CMC
ACTING CITY CLERK
INTERPRETERS FOR THE HEARING IMPAIRED AVAILABLE UPON 72 HOURS NOTICE MADE WITH THE CITY CLERK'S OFFICE