May 10, 1999 - Regular City Council Meeting

City of Central Falls

Regular City Council Meeting

Monday, May 10, 1999 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 7:05 PM

Roll Call

Councilman Noury

Councilman Ferri

Councilman Weber

Councilwoman Moreau

Councilman Canavan

Quorum present.

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

Approval of Minutes

Regular Meeting March 8, 1999

Regular Meeting April 28, 1999

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

Correspondences

Elizabeth A. Crowley, City Clerk to Donald Houle, Director of Code Enforcement To attend May 10, 1999 Council Meeting regarding Rental Inspection Certification Ordinance.

Town of Coventry regarding Resolution Annual 5% increase in Aid to School Districts.

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

City Officers Reports

Municipal Court Report; Code Enforcement Report; Code Enforcement 1998 yearly report.

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

Public Comments on Agenda Items

Mr. Peter Demeule spoke on the Second Hand License issues and stated that he has no objection to the issuance of the license so long as it conforms to law.

Audit Report for the Fiscal Year ended 6/30/98

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

Motion carried 5 yes 0 no 0 absent.

Licenses

General Service Licenses (new)

Jorge W. Jimenez

D/b/a Shine Car Care

96 Blackstone St. (tabled 4/12/99 Meeting)

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

Motion carried 5 yes 0 no 0 absent.

Mercedes Mendez

D/b/a Mendez Travel Agency

744 Broad St.

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

Motion carried 5 yes 0 no 0 absent.

Island Express Lines Inc.

595 Lonsdale Ave.

Attorney spoke on behalf of corporation.

Councilwoman Moreau questioned the Applicants.

Business is located on the Corner of Rand Street and Lonsdale Avenue.

The applicant stated that the business is exporting goods that are stored in 55 gallon drums, cars, and trucks. They stated that no shipping containers are stored on the lot, but about 8-10 cars would be stored in the lot for a period of time waiting for the next freighter.

Councilwoman Moreau stated that she is opposed to the storage of cars outside the building. She explained the constant trouble from different licensees and the promises made by each relative to the neighborhood.

Councilman Ferri commented.

Len Lenkiewicz and other neighbors spoke on their concerns relative to the neighborhood .

Rep. Faria spoke on this issue and asked the Council to issue a temporary license.

Councilwoman Moreau warned that even the smallest infraction will cause the revocation of the license. She stipulated that no cars are to be stored on Clifton Street or any other area other than the designated lot.

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

Motion carried 5 yes 0 no 0 absent.

Retail Sales License (new)

Carolina De La Cruz

D/b/a Divina Boutique

586 Dexter St.

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

Motion carried 5 yes 0 no 0 absent.

Second Hand License

Carvalho/Teixeira Inc.

D/b/a Video Game Brokers

830 Broad St.

Council members questioned the applicant. They asked what records would they keep regarding the sale of used equipment. Mr. Teixeira explained the sales receipt book that would be kept for these purposes. He also stated that a patron of the store would be required to show a valid ID, name in full and proper address.

Timothy Nunes of Cowden Street commented on kids hanging around the store and the traffic on this corner. Mr. Teixeira stated that kids would not be allowed to hang around in front of the store or in the store and no trade ins would be made with anyone under the age of 18.

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

Motion carried 5 yes 0 no 0 absent.

Pawn Shop

Leon J. Perez

D/b/a Jaiper Jewelry

858 Broad St.

The Legal Department gave their report on the State Laws governing this License application and the current business of Mr. Perez. The law does not allow the Jewelry shop to become a pawn shop as it relates to precious metals.

Motion to deny based on the legal opinion was made by Councilman Noury and seconded by Councilman Ferri.

Councilman Noury                                yes

Councilman Ferri                                  yes

Councilman Weber                               yes

Councilwoman Moreau                         yes

Councilman Canavan                            yes

Motion to deny carried 5 yes 0 no 0 absent.

Raffle

Central Falls Little League

Aug. 25, 1999 (Raffle)

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

Motion carried 4 yes 0 no 0 absent 1 abstain.

Use of Jenks Park

Child Safety Fair

May 22, 1999 12p-3p

Withdrawn

Holy Spirit Catholic Community & Progreso Latino

Field Day

May 22, 1999 1p-4p

Motion to approve was made by Councilman Weber and seconded by Councilwoman Moreau. All Agreed. So Voted.

Puertorrique nos Unidos Inc. & Central Falls Puertorican Community

Fiesta de Pueblo

June 19, 1999

Motion to approve was made by Councilman Ferri and seconded by Councilwoman Moreau. All Agreed. So Voted.

Festival

Colombian American Association

Use of Corrigan Complex

Annual Festival July 18, 1999

Motion to approve was made by Councilman Ferri and seconded by Councilwoman Moreau. All Agreed. So Voted.

Discussion

Introduction/Audit Central Falls Police Department

Councilman Noury explained the possible audit of the Police Department and the reasons for it. He stated that this would establish greater internal controls of the department and re-establish integrity of Police funds.

Council President Canavan stated that the reason for the audit is two-fold. One to tighten controls of the Police Department and to determine if any other accounts in the Police Department are involved. This would determine what or where the deficiencies took place and second will recommend what additional checks and balances should be in place to prevent any future episodes. He stated that any related accounts that fall into the Police Department, controls to be implemented.

The Council addressed the issues of integrity of the accounts, special procedures, engagement of auditor and the State Police Report.

The Council Finance Committee will talk with the auditor who will sit with them to address the engagement letter and narrow the scope of the audit and issue a report based on their findings.

Approval of Firm for 1998/1999 City Audit

Councilman Weber commented on the Management Letter and the repeat items in this letter, he spoke of the shortage in the Finance Department which delayed the audit and asked that this issue be addressed for this next audit.

Meeting recessed for 5 minutes at 8:50 p.m.

Reconvened at 9:00 p.m.

Public Input on any Concerns

Rick Aubin updated the Council on the Cub Scouts pack 2 and commented on the upcoming camping trip. He stated that this would be a family event and that 20/25 scouts and their family would be attending. He asked for donations of camping equipment. He also related that there would be a Car Wash and invited the public to patronize the event.

Tim Nunes of 91 Cowden Street stated that he has lived on Cowden Street for over thirty years. He stated that he has concerns about Cowden Street becoming a speed way with people racing up the street at about 60 miles per hour. He also commented on the loud noise of music. He stated that there needs to be a Police presence in the area to discourage this type of activity.

Council President Canavan commented on this activity and stated that he would ask the new Police Chief to make this a priority.

Mr. Nunes commented that the Police activity needs to take place in the Cowden Street area between Washington and Broad Street. He also commented on people taking bottles out of the Tropicana and leaving them outside on the street and sidewalks.

Mr. Woods stated that he has been talking about the loud music issues for the past 6 to seven years and cars passing by throwing out bottles.

Resolutions

Resolution "Child Safety Awareness Week."

Councilman Ferri related that this program would be televised on Statewide inter connect B from 6:30p-8:30p on May 17^th.

Motion to approve was made by Councilman Weber and seconded by Councilwoman Moreau. All Agreed. So Voted.

Resolution ratifying the Sale of Land located on High Street.

Ordinance Introduction

An Ordinance allowing new business tax incentives (at the request of Council President Canavan) So Introduced.

An Ordinance repealing the City's Ordinance entitled " An Ordinance Establishing a Restricted Operating Cash Reserve Fund." So Introduced.

Ordinance First Passage

An Ordinance Amending Chapter Eight (8) of the Revised Ordinance entitled "Animals."

Council President Canavan asked that the Animal Control Officer be asked to attend the May 24^th meeting.

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

Motion carried 5 yes 0 no 0 absent.

Public Hearing/Final Passage

An Ordinance entitle "Rental Inspection Certification."

Donald Houle, Code Enforcement Director stated that this service is already provided by the Code Enforcement Office at no addition cost at the request of the property owner prior to rental of any apartment strictly to look for Minimum Housing Violations like ground fault in kitchen, bathroom and anyplace near water.

He stated that existing conditions would not make an issue of some thing in older houses. He stated that he would be looking at the whole property.

Councilman Weber asked if the Department would be dragged into court to battle with one side or another and if Code Enforcement is in the middle of such disputes.

City Solicitor James Briden stated that he is concerned with the private relationship that exists between the Landlord and Tenant. This Ordinance will require the Minimum Housing to inspect and the Director to go to Court and spending a lot of time at District Court than is necessary in this Department. He asked why legislate when the department is already performing this duty. He also stated that an inventory form between the landlord and tenant would be just as successful.

Councilman Noury asked if Minimum Housing is already providing this service then why create an Ordinance that would mandate this service.

Councilman Ferri questioned Councilwoman Moreau .

Councilwoman Moreau explained the Rental Inspection Certificate and how it would protect the landlord and the tenant.

Councilman Ferri stated that this is a private tenant/landlord issue.

Discussion continued.

Council President Canavan opened the meeting to a Public Hearing.

Mr. Lussier stated that this Ordinance is proven in Warwick, W. Warwick, N. Kingston and Newport for over twenty years and its just to make sure the apartment meets all health & safety issues.

Councilman Noury questioned Mr. Briden on the issue of time relative to this Ordinance and Code Enforcement.

The Solicitor responded that more of the Director's time could well be spend in court testifying on this matter.

Mayor Matthews stated that this Ordinance puts the City right in the middle of issues that are between the property owner and tenant. He related that there are private home inspection firms that can do this . He stated that there is no doubt that property owners need protection but this service cannot be done by the City for no charge and that this could be costly for the City.

Robert Woods stated that the problem isn't houses its tenants.

Public Hearing Closed.

Councilman Weber commented and commended Councilwoman Moreau on the research involved with this ordinance and that she put her best effort forward on a hot potato issue. He stated that the legal and liability issues are a matter that the Council needs to be concerned with and that if this service is provided to the property owner it should have a healthy fee involved with the issue.

Councilman Ferri stated that Councilwoman Moreau made a wonderful effort to put together an Ordinance of this type.

Council President Canavan stated that the protection of a landlord is the price of doing business and shouldn't be up to the City to provide the cost of this nature. This is like any other private business and the cost should be at the owner's expense.

Councilman Noury stated that the City could not do a rental inspection at the price of what it would cost the City to be involved in court proceedings.

Motion to deny was made by Councilman Weber and seconded by Councilman Ferri.

Motion carried 4 yes 1 no 0 absent.

Committee Reports

Councilman Weber stated that the Finance Committee schedule relative to the Budget is as follows:

Finance Committee Meetings:

May 20 at 10:00 a.m.

May 21 at 10:00 a.m.

May 24 at 10:00 a.m.

City Council Budget Workshops:

June 1 at 8:00 p.m.

June 7 at 7:00 p.m.

June 14 at 7:00 p.m.

Old Business

He also stated that the first Ralph Holden Memorial Award will be given to the High School Senior at graduation on June 9^th 1999.

New Business

Councilman Ferri reported that the Veteran Memorial Monument is within 60% of goal and that the dedication of the Monument will be November 7^th.

Adjourn

Motion to adjourn was made by Councilman Weber and seconded by Councilman Ferri. All Agreed. So Voted. Time 10:12 p.m.

________________________

Elizabeth A. Crowley, CMC

City Clerk