City of Central Falls
Regular City Council Meeting
City Hall Council Chambers
580 Broad Street
Monday, November 8, 1999
At 7:30* PM
A regular meeting of the City Council was held on the above date in the City Hall Council Chambers at 8:25 P.M.
Councilman Noury
Councilman Ferri
Councilman Weber
Councilman Canavan
Councilwoman Moreau absent due to illness.
Quorum present.
Council President Canavan presided and led the Assembly in the Pledge of Allegiance.
By Unanimous consent of the Council, Council President Canavan moved the order of the Agenda.
None
Elizabeth A. Crowley, City Clerk to Mayor Matthews re: Attend Meeting.
Elizabeth A. Crowley, City Clerk to Anthony Harraka, City Assessor re: Attend Meeting.
Gertrude B. Chartier, Registrar Result of November 2, 1999 Election.
Motion to accept collectively and place on file was made by Councilman Ferri and seconded by Councilman Weber. All Agreed. So Voted.
William Communications petition for construction of Fiber Optic System from New York to Boston.
Councilman Ferri questioned underground conduit, the timetable and when this would take place.
Motion to table until the November 22, 1999 meeting in order to receive approval of the Public Works Director was made by Councilman Ferri and seconded by Councilman Weber. All Agreed. So Voted.
Class A Restaurant
Class B Victualling
Entertainment (dance pool table, amusement device)
General Service
Personal Service
General Repair
Automotive Repair
Retail Sales
Class D Bakery
Class C & C1
Motion to approve collectively was made by Councilman Ferri and seconded by Councilman Noury.
Councilman Weber left the meeting due to illness prior to voting on these renewals.
| Councilman Noury | yes |
| Councilman Ferri | yes |
| Councilman Canavan | yes |
Councilman Weber and Councilwoman Moreau absent due to illness
Motion carried 3 yes 0 no 2 absent.
Michael Waldon
D/b/a Mojo Diner
48 Cross St.
Councilman Noury questioned parking at this facility. He commented on the neighbors in the area and stated that they want to keep their neighborhood clean.
Mr. Waldon explained that he has spoken with Post 79 for use of a portion of their lot across the street for parking, which they have agreed upon. He also stated that the area would be kept clean.
Motion to approve was made by Councilman Ferri and seconded by Councilman Noury.
Motion carried 4 yes 0 no 1 absent.
Superior Carburetor Co.
D/b/a Allard's Auto Supply Inc.
555 Broad St.
Joseph Capineri, Esq. was present to represent Mr. Allard. He gave opening remarks relative to the Council's concerns with auto repair activity at this business. He gave the Council a brief history of the business and stated that this business has been going on since its creation. He told the Council of a resolution of the Council about this building and its development. He said the building was formerly the Central Falls Fire Station and that the City Council and the City made certain requirements at the time of its sale to Mr. Allard. He said that Mr. Allard is trying to be a good neighbor. He also spoke of Mr. Allard's absence from the building due to illness.
Councilman Noury stated that he wasn't sure the Resolution addressed the auto repairs was covered. He also commented on the loud noise and the yard area looking like a junkyard. He spoke on the late night testing of cars and the peeling of tires as they race down the street. He stated commented on the motor heads, and engines being placed outside.
Mr. Allard addressed the Council and related that he has been ill and that it had been let go during his illness. He said that he is back to tending the store and that most of the motor heads and engines have been removed. He said that the repairing is going on in the garage but that he doesn't allow noise at all hours of the night. He said that the condition on his property have been cleared up.
Mr. Emil Noury of 18 Summit St. addressed the Council about being a neighbor and the problems of racing of engines at 10 and 11 o'clock at night, cars with no mufflers and fumes. He commented that Mr. Bryant and Dr. Longobardi both are dismayed over these conditions. He also commented on unregistered cars in the area.
Mr. Houle, Director of Code Enforcement spoke on the issue and stated that there have been problems with the yard and that it has been cleaned up.
Councilman Ferri asked about privacy fencing for the yard.
Mr. Allard stated that he will be a good neighbor and asked the Council to place Slow Children Signs on the Street. He also stated that the racing vehicles are not coming from his business.
Mr. Emil Noury stated that he's sure that Mr. Allard will endeavor to keep up his intentions to be a good neighbor.
Channel One-22nd Annual Christmas In the Park December 8, 1999.
Motion to approve was made by Councilman Ferri and seconded by Councilman Noury. All Agreed. So Voted.
An Ordinance Amending Section 16-29 of the Revised Ordinances entitled " False Alarm Assessment Schedule (Burglar Alarms)."
Public Hearing opened. No comments. Public Hearing closed.
Motion to approve was made by Councilman Noury and seconded by Councilman Ferri.
| Councilman Noury | yes |
| Councilman Ferri | yes |
| Councilman Canavan | yes |
(Councilman Weber left the meeting early due to illness).
Motion carried 3 yes 0 no 2 absent.
An Ordinance Amending Section 16-41 of the Revised Ordinances entitled "Required."
Public Hearing opened. No comments. Public Hearing closed.
Motion to approve was made by Councilman Noury and seconded by Councilman Ferri.
| Councilman Noury | yes |
| Councilman Ferri | yes |
| Councilman Canavan | yes |
Motion carried 3 yes 0 no 2 absent.
Minutes: Budget Meetings June 21, 22, 23, 1999.
Regular Meetings August 23, September 13, & September 27, & October 25, 1999.
Motion to approve was made by Councilman Ferri and seconded by Councilman Noury. All Agreed. So Voted.
An Ordinance related to Chapter 18-1 of the Revised Ordinance Article II Nuisances. Tabled October 25, 1999. Placed on the agenda at the request of Mayor Matthews.
Councilman Noury stated that he has some concerns relative to the Ordinance although he is not against the Ordinance.
Motion to table was made by Councilman Noury. Council President Canavan stepped down from the chair to second the motion. Councilman Ferri assumed the Chair.
| Councilman Noury | yes |
| Councilman Ferri | no |
| Councilman Canavan | yes |
Motion carried 2 yes 1 no 2 absent.
Council President Canavan resumed the chair.
Seamus J. Martin
85 Old Pine Road
Narragansett, R.I. damage to vehicle by Police Vehicle
Motion to refer to claims committee was made by Councilman Noury and seconded by Councilman Ferri. All Agreed. So Voted.
None
None
Council President Canavan wished the Council members elects good luck.
Refuse Deliverance Tabernacle Church - Chapel St.
Casa De Oracion Getsemani Church - Broad St.
Executive Session Pursuant to 42-46-5 of the Rhode Island Open Meetings Law under Exemption #2 Litigation Superior Court Case 99-294 and reasonably anticipated litigation of Casa de Oracion Getsemani vs. City of Central Falls.
(This Agenda Item was taken up earlier in the meeting prior to Councilman Weber's leaving the meeting due to illness.)
James Briden, City Solicitor for the purpose of updating the Council on the issues related that the Store Front that was located in the front of the building where the Church is now housed was taxed. He stated that there was a period of time when the Church on Chapel Street was empty. In order for a Church to be tax exempt it must have a legislative Charter. He stated for the record that as of today Getsemani owes nothing to the City of Central Falls relative to taxes as it has been treated as tax exempt. He stated that Refuse Tabernacle didn't have clear title when they took over the building and there was $2600.00 balance in takes. The Solicitor stated that on his advise the Council could abate if the Solicitor stated that the tax was illegal and at this point he doesn't agree that what was taxed was illegal as a result of that this precludes the Council from the ability to take any actions without the recommendation as called for in State Law. He then commented on the City's Ordinance 2-136 which allows the Finance Director to waive interest and with regard to Refuse Tabernacle most of this balance is interest and the ability to waive interest is in the hands of the Finance Director who has after a conference with Refuse Tabernacle has agreed to the waiver. As a result neither Church has any tax lien.
Mr. Briden stated that Chief Coutu and Donald Houle were present to comment on another issue relative to Getsemani that being the Certificate of Occupancy and without a Certificate of occupancy one is not legally entitled to operate. He also commented that Mr. Harraka has met with Getsemani since 1996 relative to various issues regarding this Church. The Church because of a lack of a Certificate of Occupancy and relief from Zoning as of today it is not tax exempt and more importantly there is a safety issue relative to the Certificate of Occupancy.
Chief Coutu addressed the Council and related that in 1995 the Reverend was notified about the Certificate of Occupancy in 1996 another inspection was conducted by the Fire Department and the Fire Department has repeatedly gave advise to the Reverend on what was needed to acquire a Certificate of Occupancy. The Church has been notified that the first floor must be sprinkled and that this must be done by December 29, 1999.
Councilman Noury questioned the Solicitor and the Chief.
Mr. Houle stated that in 1993 James Stephens gave a Certificate of Occupancy to the first floor middle section only to Mr. Albert Neveu for capacity not to exceed 100 for a Reach In Ministry.
Reverend Nogueras questioned the Housing Director.
Rev. Nogueras stated that immediately after purchasing the Building he went to the Minimum Housing Department. He asked how was a CO issued if there were Zoning Issues.
Mr. Houle stated that in the case of Al Neveu use regulation #21 "Educational Institution/Our Reach Ministry" was the reason the CO was issued. Subsequently the change of use to a Church results in the need to issue a new Certificate of Occupancy. The burden is on the property owner to acquire the Certificate of Occupancy not the City.
Mr. Briden stated that his recommendation closely follows the Chief and that this poses a safety issue.
Reverend Nogueras thanked the Council for taking time to listen to the Church's pleas but that he could see that nothing will be accomplished in this forum relative to this issue and that he would take his quest to Superior Court.
Councilman Noury stated that he tried to act as a go between to have this matter resolved.
No further action was taken by the Council relative to this issue.
Resolution Congratulating the Central Falls Panthers on their Super Bowl win introduced by Councilman Weber and presented to the team Coach.
Motion to approve was made by Councilman Weber and seconded by Councilman Ferri. All Agreed. So Voted.
Motion to adjourn was made by Councilman Ferri and seconded by Councilman Noury. All Agreed. So Voted. Time 10:45 P.M.
Elizabeth A. Crowley, CMC
City Clerk