March 8, 1999 - Regular City Council Meeting

CITY OF CENTRAL FALLS

REGULAR CITY COUNCIL MEETING

MONDAY, MARCH 8, 1999

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

Councilman Noury

Councilman Ferri

Councilman Weber

Councilwoman Moreau

Councilman Canavan

Quorum present.

PLEDGE OF ALLEGIANCE

Council President Robert Canavan presided and led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Regular Meeting February 8, 1999

Special Meeting February 22, 1999

Motion to approve collectively and place on file was made by Councilman Weber and seconded by Councilwoman Moreau.

Councilman Ferri asked that the minutes of the February 22, 1999 meeting be corrected to reflect that Councilman Ferri was not present at the meeting or voting.

All Agreed. So Voted.

PUBLIC COMMENTS ON AGENDA ITEMS

None

Council President Canavan introduced Ernest DeSaia, the City's School Project Consultant, who was invited to give an update of the building project at the schools.

He stated that this report is given at the request of the Mayor.

Mr. DeSaia stated that the project is very close to schedule. He related that the Ella Risk School is a totally new construction and that the building is wrapped in plastic to maintain certain temperatures for masonry purposes. He said that the building was not wrapped because decisions about what type of brick were

not made, but rather since the project is being done through winter months, certain temperatures must be maintained for interior projects etc. He stated that the Calcutt school was somewhat ahead of schedule because most of the project's materials are here and there is no waiting involved for installation. He stated

that the City's residents are to be commended for their watching over of the projects, and that to date there has been no vandalism of any kind at the projects. He also reminded the assembly that the contractors are virtually working on postage stamp project locations and have had little or no problems during the construction stage.

Councilman Ferri asked what the expected target date is for completion.

Mr. DeSaia stated that the school is expected to be ready for September. He also related that some time in April the Students from Calcutt would be moved from the older portion of the building to the new wing so that the Contractors can complete the work needed on the older portion of the building.

Councilman Noury asked if the project is on budget.

Mr. DeSaia responded so far.

CITY OFFICER'S REPORTS

Code Enforcement February 1999

Revenue & Expense Report (unaudited January 31, 1999)

Police Report January & February 1999

Motion to accept collectively and place on file was made by Councilman Ferri and seconded by Councilwoman Moreau. All Agreed. So Voted.

The Council requested that the revenue expense report also include encumbrances.

CORRESPONDENCES

Elizabeth A. Crowley, CMC Deputy City Clerk to City Assessor Anthony Harraka Re: Rescind Abatement Fletcher Street.

Pauline Payer, City Clerk Woonsocket Re: Resolution in Support of Aqua Fund

Edward J. Mulligan, Esq. for his Client 1998, Inc. Re: Abatement Revocation for 70 Fletcher St.

Frederic Cornell, Executive Director YMCA Re: Youth dances at the YMCA Community Center on Cowden St.

James A. Briden, Esq. to Senator Issa, Rep. Farrell & Rep. Faria RE: Resolution in Support of Legislation enacting a Job creation incentive program in Central Falls.

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

Councilman Weber commented on the correspondence from the YMCA and explained that on February 19, 1999 the YMCA held a dance at the facility and around 10:00 p.m. he received numerous telephone calls from persons living in the area about the loud  noise and music coming from the facility. He related that he asked those in charge to come before the City Council in the future if they plan to hold dances in the future.

Councilman Noury commented on the correspondence from Attorney Mulligan and stated that the Attorney should file a claim with the Claims Committee.

Anthony Harraka, City Assessor explained that the abatement was originally given because there was a fire in the building.

Councilwoman Moreau explained her involvement with this abatement and stated that Mr. Corrigan contacted her stating that the reason for the abatement was that

there is over $100,000 worth of fire damage to the property. She also explained that the property is owned by a corporation of which one of the parties is from New York.

Discussion continued on this subject.

Councilman Noury asked why we would give an abatement to a person whose property is an eyesore. He reminded the Council of the Resolution passed last year that asked the General Assembly to allow a City to tax at a higher rate blighted properties.

Mr. Harraka stated that these are different circumstances that the abatement was given as a result of a fire.

Council President Canavan explained why the abatement took place in the past.

Councilwoman Moreau stated that slum houses should not be given abatements, however these are different circumstances

It was stated that the fire took place in 1995.

Councilman Noury asked what if the owner received a settlement to fix the house.

City Solicitor Briden stated that what is at issue is a property right an abatement of lesser value on the property and due process might make sense. He stated that the property owner should be given the opportunity to appear before the Council to explain the request for abatement.

Councilman Ferri asked how binding was the vote to rescind.

Solicitor Briden stated that the Council could reverse its decision and that the property owner should be given a notice to show cause.

Councilman Noury asked about the rights of Mr. Mulligan.

The Council asked the Clerk to send a letter to Mr. Mulligan asking him to attend the next meeting.

Without objection Councilman Noury asked the Council to bring forward the Resolution

Congratulating Kyle Hogan on attaining his "Arrow of Light." (at the request of Councilman Gene Noury).

Councilman Noury read and present Kyle with the Resolution. The Scout leader spoke of Kyle's accomplishments and his entry into Boy Scouting.

ABATEMENTS

Anthony Harraka, City Assessor re: Abatements - See List

Councilman Noury asked for clarification on addresses or locations of certain properties on the list.

Mr. Harraka stated that one is the post office. 91 Foundry and 959 Lonsdale Ave.

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

Motion carried 5 yes 0 no 0 absent.

LICENSES

A. Class A Restaurant

Michael Truitt (new)

D/b/a El Coqui Restaurant

830 Broad St.

Councilman Ferri questioned the applicant. The applicant responded that he took courses at CCRI culinary arts program.

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

Motion carried 5 yes 0 no 0 absent.

Marcus Vitali (renewal)

D/b/a Depot Flea Market Food Counter for Flea Market

309 Broad St.

Mr. Vitali stated that he has been renovating the building that was completely renovated in 1989. He stated that Anthony took over for five years. He stated that the building is immaculate. He also stated that the church is still located in the building.

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

Motion carried 5 yes 0 no 0 absent.

B. Flea Market License (new)

1. Connie's Flea Market

158 Railroad St.

Councilman Noury asked the applicant about the operation and how many tables there would be.

The applicant responded that she was only running a small operation and stated there would be 10 to 15 tables. Councilman Noury stated that his only concern is parking. He asked for a trial of 3 months so that he could have time to hear from neighbors about parking.

Motion to approve a temporary license to expire in August was made by Councilman Noury and seconded by Councilwoman Moreau. All Agreed. So Voted.

Motion to prorate the license fee based on the temporary license was made by Councilman Noury and seconded by Councilwoman Moreau. All agreed. So Voted.

The Council instructed the Clerk to issue the license until the next meeting in August.

C. Auto Repair License (new)

Marroquin Brother

D/b/a Antiqua Auto Repair

250 Washington St.

Councilman Ferri and Council President Canavan reminded the applicants that there is no room to store vehicles on the property and that tires are to be removed and not stored on the property.

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

Motion carried 5 yes 0 no 0 absent.

D. Retail Sales Licenses (new)

Carmen D. Mota

D/b/a Variedades Evenezer

881 Broad St.

Councilman Ferri questioned the applicant.

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

Motion carried 5 yes 0 no 0 absent.

Brooks Pharmacy # 374

1114 Broad St.

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

Motion carried 5 yes 0 no 0 absent.

Sherwood Brands of Rhode Island

280 Rand St.

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

Motion carried 5 yes 0 no 0 absent.

E. General Service License (renewal)

Filemon Moreales

D/b/a Moreales Cargo Express

884 Lonsdale Ave.

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

Motion carried 5 yes 0 no 0 absent.

USE OF JENKS PARK

1. Channel One/Rhode Island Children's Crusade

May 1, 1999-Graduation Party 9:00am-3: 00pm

2. Blackstone Shelter Inc.

Annual Cookout /August 18^th 11:00am-1: 00pm Raindate August 20^th

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

Motion carried 5 yes 0 no 0 absent.

PROCESSION

Procession Holy Spirit Catholic Community

Palm Sunday -March 28, 1999-at 11:00 Am.

Good Friday - April 2, 1999-at 3:00 p.m.

Easter Sunday- April 4, 1999- at 11:00 a.m.

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

Motion carried 5 yes 0 no 0 absent.

PUBLIC COMMENTS AND CONCERNS

Mr. Richard Lussier of Rand St. addressed the City Council on the renter's certificate.

Councilwoman Moreau stated that this needs some changes to make it suitable for Central Falls. She told Mr. Lussier that his request has not fallen on deaf ears.

Council President Canavan rebutted Mr. Lussier's statements.

Councilwoman Moreau stated that before this Ordinance could be made into law it must be studied to see what the impact, if any, is on the City's Code Enforcement Department. There is a need to know how it would be helpful to the City. She reminded Mr. Lussier that an Ordinance is only as good as the paper it is written on if there is no way to enforce it then what good and how would it benefit the City. She stated that in 1989 Mr. Richard Muggle and his organization C.A.L.L wanted to implement a similar Ordinance.

Councilman Ferri addressed Mr. Lussier and asked Mr. Lussier if there is anything that Mr. Lussier liked about the City. He stated that he only comes before the Council with negative comments never anything positive.

City Solicitor Briden for the purpose of this discussion related that the Municipal Court and Minimum Housing have worked extradorinarily hard on Minimum Housing with 101 cases 89 have been brought to compliance. He stated that the Department already has limited resources and to involve tenants and landlords could be counter productive.

The best procedure is to prosecute the property owner because the tenant population is very transient.

Council President Canavan stated that this does not mean that the Code Enforcement Department is not doing its job but rather the City 's population is constantly on the move, which makes it harder on the Department and Central Falls, is not Warwick.

Rick Aubin updated the Council on the Cub Scout and planned events for this group. He also commented on Spring Cam. He stated that he would be happy to receive any camping supplies for these scouts.

Meeting recessed at 9:13 p.m.

Reconvened at 9:30 p.m.

RESOLUTIONS

1. Resolution In Support of Legislation before the General Assembly related to the Juvenile Hearing Board, The Central Falls Municipal Court and the

State's Compulsory Attendance Act. (at the request of Councilman Weber)

ORDINANCES

Introduction

1. An Ordinance related to the possession of, use of and sale of "Laser Pointing Devices." So Introduced.

Public Hearing/final passage

1. An Ordinance Chapter 36 "Taxation" - Article 10 In General Wholesale & Retail Inventory tax phase out. (Mayor Matthews)

14. Claim

1. Robert J. Levine by his Attorney John P. Larochelle for injuries sustained on or about Feb. 5, 1999 arising out of an automobile collision.

2. Thomas Lazieh re: Attorney Fees.

Motion to refer to the Claims Committee collectively was made by Councilman Noury and seconded by Councilwoman Moreau.

Motion carried 5 yes 0 no 1 absent.

15. COMMITTEE REPORTS

Councilman Noury reported on the Audit. He asked where the audit stood.

Finance Director John Kuzmiski reported that the auditors asked for an extension to the end of February. He stated that he expects the report shortly.

16. OLD BUSINESS

Councilman Noury asked for a Legal opinion on the appointment of an Acting City Clerk. He stated that at the last meeting he asked the Legal Department to draft an opinion regarding Department Heads and the action taken in the City Clerk's Office and Mr. Briden in a timely fashion issued a report. He asked Mr. Briden for the record to give a brief summary of this opinion.

Mr. Briden stated that with reference to 3-201 paragraph #2 the Mayor may designate while awaiting approval may designate any employee in the Department to be Acting Department Head. He stated that in his interpretation, which is addressed in the second paragraph, stated how "others" have interpreted it and continue to do so and that is the Mayor could designate an employee of a particular department to be the acting Department Head while the approval of the Department Head is pending.

Councilman Noury asked Mr. Briden that in summary, is it his opinion as related to the Charter the actions of the Mayor are in violation of the Charter.

The Solicitor responded that as it related to the City Clerk's Office and the appointment of an acting City Clerk from someone outside of the Department is not consistent with how he interprets that provision of the Charter.

Councilman Noury stated that the situation in the Clerk's Office is not consistent with the Charter. He asked that the Legal Department to draft a Resolution and have it prepared for consideration at the next meeting. The resolution should include the following that the Mayor hasn't presented the Council with a good, valid or significant reason as to why the Charter should be changed for this particular appointment.

Solicitor Briden suggested that since the Mayor is away the City Council should take the opportunity to discuss this issue with the Mayor prior to placing a Resolution before the Council, this would allow the Council the benefit of debate and discussion on the issue.

Councilman Noury stated that regardless of the Mayor's opinion, the Mayor cannot appoint an employee from outside a particular department and that it is a violation of the Charter and at this point he stated that he wants the Council to vote on it and that the Council does not recognize Ms. Khabbaz as the Department Head of the Clerk's Office whether acting or appointed.

President Pro Temp Weber stated that to settle the issue Councilman Noury could work with the Deputy City Clerk to write this Resolution.

Councilman Noury stated that this is an important issue and that he would work with the Deputy City Clerk to draft something and that this is a matter of expediency, otherwise this carries the issue to another month.

17. NEW BUSINESS

President Pro Temp. Robert Weber announced that there would be two meetings per month for City Council Meetings, the second Monday and the fourth Monday of each month.

Councilman Ferri stated that it is certainly very difficult to conduct all the business of the City Council in one monthly meeting.

Motion to approve 2 monthly meetings of the City Council to be held on the second and fourth Monday of each month was made by Councilman Noury and seconded by Councilwoman Moreau.

Motion carried 4 yes 0 no 1 absent.

18. ADJOURN

Motion to adjourn was made by Councilman Noury and seconded by Councilman Ferri. All Agreed. So Voted. Time 8:35 p.m.

______________________

Elizabeth A. Crowley, CMC

Deputy City Clerk