October 25, 1999 - Regular City Council Meeting

City of Central Falls

Regular City Council Meeting

City Hall Council Chambers

580 Broad Street

Monday, October 25, 1999

At 7:30 p.m.*

A meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 7:50 p.m.

1. Roll Call

Councilman Noury

Councilman Ferri

Councilman Weber

Quorum present.

2. Pledge of Allegiance

President Pro Tempore Robert Weber presided and led the assembly in the Pledge of Allegiance. A Moment of Silence in memory of the passing of Senator John H. Chaffee was offered by the City Council.

The City Council, by unanimous consent, dispensed with the order of the Agenda to accommodate persons present at the meeting for license issues.

3. Public Comment on Agenda Items

No comments were made at this time.

4. Correspondences

Department of the Attorney General: Re: Establishment of "Senior Line"

Capineri & Almeida, Ltd. Re: Continuance of Hearing Allard's Auto Body.

The Angell Pension Group Inc. Re: Actuarial Study Pensions

D. Central Falls Police Department 5 Year Strategic Plan

Town of North Kingstown Re: Casino Gambling

Commission for Human Rights re: Notice

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

5. City Officer Reports

Police Reports August & September 1999

Motion to accept and place on file was made by Councilman Noury and seconded by Councilman Ferri. All agreed. So Voted.

6. Licenses

Personal Services License (new)

Juan C. Zamora

D/b/a Tattoos to the Bone

1234 Broad St. C.F.

Councilman Noury questioned the applicant regarding State Licensing.

Councilman Ferri asked if there is a minimum age requirement and a minor's book.

The applicant explained the strict procedures required by the Department of Health.

Motion to approve was made by Councilman Noury and seconded by Councilman Ferri. All agreed. So Voted.

Retail Sales Licenses (new)

Idalina Martins

d/b/a Blackstone Stereo & Gifts

625 Roosevelt Ave.

Motion to table was made by Councilman Noury and seconded by Councilman Ferri. All Agreed. So Voted.

General Services License (new)

Maggie's Communications

718 Dexter St.             

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

7. Hearing

Superior Carburetor Co.

D/b/a Allard's Auto Supply Co.

555 Broad St.

Joseph Capineri, Esq. Request Continuance

Continued to November 8, 1999 meeting.

8. Ordinances

First Passage

1. An Ordinance Amending Section 16-29 of the Revised Ordinances entitled " False Alarm Assessment Schedule (Burglar Alarms)." At the request of City Solicitor James Briden and introduced by Councilwoman Moreau.

9. Resolutions

1. Resolution in Support of Timely Intervention of United States Peace Keeping Force in East Timor. Introduced at the request of Councilman Weber.

2. Resolution Commending Patrolman Ronald Laflamme on his retirement from the Central Falls Police Department. Requested by Councilman Noury.

3. Resolution Commending Sgt. Dennis Gillis on his retirement from the Central Falls Police Department. Requested by Councilman Noury.

4. Resolution Commending Captain Joseph Costa on his retirement from the Central Falls Police Department. Requested by Councilman Noury.

5. Resolution Commending Lt. Robert Peltier on his retirement from the Central Falls Police Department. Requested by Councilman Noury.

Motion to approve collectively was made by Councilman Noury and seconded by Councilman Ferri. All Agreed. So Voted.

10. Public Comment on Any Concerns

Rick Aubin updated the general public on the Cub Scouts and related that they would be holding a food drive with drop off areas around the City. He said he hoped to co-ordinate the event with the City Clerk. He also commented that there was still a need for equipment for cub scouts in the area of camping needs and would appreciate any help.

Rose Marie Canavan of 60 Illinois Street spoke on the Nuisance Ordinance. She stated that she was generally in favor of the Ordinance but with some revisions.

She asked at what point is the decision to act part of the criteria. She stated that some negative issues relative to the Ordinance is the eviction process that takes 3-6 months. She said that there are several steps that need to be taken before eviction. She stated that (1) Warning by the Police Department should be given to the offenders. (2) A ticket that entails a fine should be issued on a return visit to the property. (3) A summons to the Municipal Court by the offenders and (4) a Bench Warrant for their arrest if all else failed. As a last resort the bottom line would be eviction. She stated that there needs to be more public information on this issue and she requested that the Council take no further action on this Ordinance until after the first of the year. She said that there will be at the very least 2 new members of the City Council and that this is a very important issue that needs to be refined.

Mr. Lussier commented on the Ordinance and stated that this Ordinance is trying to do the very thing that he proposed in the Certificate of Occupancy Ordinance. He also stated that this would violate the Landlord Tenant Act and he commented on Section 4 of the act.

Bruce Gagnon of Sacred Heart Avenue suggested that the Council allow the Police Department to keep data on tenant nuisances for the protection of the property owner and when new tenants are screened the landlord could verify with the Police Department that no problem exists with the potential tenant. He also asked that the Ordinance be tabled until the January meeting.

Albert Romanowicz of Central Street stated that he was disappointed in the Council for allowing the racist innuendo to go on about the Tax Assessor, the Mayor and the City Solicitor he stated that each were doing what they were hired or elected to do and that it was a point of law and not a language or race issue. He stated that he was very disappointed by this event.

Councilman Weber was presented a plaque of appreciation by the Little League for his service as President of the Little League.

11. Committee Reports

Councilman Ferri updated the Council on the Veterans Memorial and related that the Dedication Ceremony would be on Sunday November 7, 1999 at 11AM with a parade to the Library from the Eugene T. Lefebvre Post at Noon. He stated that there are 175 names of those who gave their life in the service of their Country. He acknowledges the many persons who donated to make this a reality. He also stated that Senator Jack Reed would be the keynote speaker replacing Senator Chaffee who passed away today.

12. Old Business

None

13. New Business

It was announced that the Debate would be televised on the cable channel on Tuesday at 8:00 p.m. and again of Friday at 7:00 p.m.

14. 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

The Council did not convene to executive Session but took up this issue after Licenses were heard.

Pastor Nogueras along with his Attorney Mr. Marcello and Pastor Ted Robinson of Tabernacle Church were all present to state their issues and concerns relative to taxation.

Pastor Nogueras stated that the Church has received the reimbursement for the overpayment of the taxes. He also stated that the Church is looking for an Ordinance to stop the payment of any future taxes. He said that he has equal rights under the las which he says have been violated.

City Solicitor James Briden explained that there are two issues relative to this petition. That the tax from the on the Commercial part are treated as 2 separate issues taxation from the commercial stores which were store fronts as of 5/23/96 and the religious portion of the building.

Mr. Briden stated that Mr. Harraka treated the two issues in a manner that is consistent with Rhode Island Law. He stated that it is his opinion that this matter was before the Superior Court with the Honorable Michael Silverstein presiding, the question is does the Church have a legislative corporation. He quoted the case law in Woonsocket Hospital vs. Legasse. He further stated that the Superior Court is the best forum to state the issues and that the matter of taxation is in conformity with State Law and that there is also the issue of standing and that Rev. Robinson has standing and he would be the one to make that request. Mr. Briden gave a brief History of the Broad Street Property and that on Sept. 1, 1993 this building was operating a youth ministry and that operating a church would require relief from Zoning since this is a CD Zone and a certificate of occupancy. He stated that Chapel Street Property is consistent with Law and that Refuge inherited the tax debt. He recommended that the Council give relief to Tabernacle and grant some sort of relief which is causing a hardship to the two Churches.

Pastor Nogueras stated that he does not agree with this and that a Certificate of Occupancy was issued on March 4, 1996. He commented on the Board of Appeals and gave a copy of the decision to the Council.

Councilman Noury stated that that he is in favor of an Ordinance and that an abatement doesn't give standing. He stated that he doesn't agree with the Solicitor and that the Church has been improperly taxed.

Solicitor Briden stated that the Council could abate taxes on Tabernacle on Chapel Street. He said that relative to Casa the needs to be discussion on the issues of the CO.

Councilman Ferri commented.

The November 8^th Agenda could be set up with Executive Session Hearing Request for Abatement for Tabernacle

Council members asked Rev. Nogueras what it would take to rectify the problem.

The Rev. stated that he wants a full abatement of Chapel Street and Broad Street with a letter of apology from the Tax Assessor.

Councilman Noury stated that the Agenda should be set up with an abatement listing each entity separately. Refuge Casa  He asked that the Clerk send a letter to Mayor Matthews and Mr. Harraka asking that they attend this meeting.

City Council recessed at 9:35 p.m. and reconvened at 9:50 p.m.

15. Adjourn

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