September 13, 1999 - Regular City Council Meeting

City of Central Falls

Regular City Council Meeting

City Hall Council Chambers

580 Broad Street

Monday, September 13, 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 7:03 p.m.

1. Roll Call

Councilman Noury

Councilman Ferri

Councilman Weber

Councilman Canavan

Councilwoman Moreau absent due to illness.

Quorum Present.

2. Pledge of Allegiance

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

3. Minutes

Regular Meeting May 10, 1999

Finance Committee Meeting May 20, 1999

Finance Committee Meeting May 21, 1999

City Council & Budget Workshop June 1, 1999

Regular Meeting June 14, 1999

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

4. City Officer's Reports

Police Department Report June 1999

Revenue & Expense Report (unaudited May 31, 1999)

Code Enforcement Report

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

5. Public Comment on Agenda Items

None

6. Petition to Address City Council - Discussion

Regarding taxation of a Church.

Attorney David A. Marcelino, representing Casa de Oracion Getsemani, read from a prepared statement which outlined the Church's position regarding taxation of their facilities. In his statement he asked that the following be considered in their petition:

That the City reimburse the Church $3,079.99 for overpayment in taxes on property located at 702 Broad St.

That the City reimburse the Church for all taxes paid under the September 1996 agreement.

That the City declare as illegal the taxes assessed on 14 Chapel Street for the years 1994, 1995, 1996 and 1997.

Further that the contention of the Church is they are a tax-exempt entity based on R.I.G.L 44-3-3 (5) and (10). In closing his statement he stated that the Church also believes that the City has violated other rights provided to it under the Constitution.

Rev. Nogueras of Casa de Oracion Getsemani asked the Council why his Church is being treated differently. He asked why his is the only Church paying taxes, he stated that only one answer comes back to him and that is color of skin, language spoken or religion that is practiced.

Council President Canavan stated that those would not be the reasons for not allowing the exemptions. He also asked the Reverend if he had contacted anyone from the City relative to this issue.

Rev. Nogueras responded that no one seems to have an answer to his questions and he again asks why his Church is being singled out.

Council President Canavan responded that the Council's decisions would be based strictly on facts and law and no other reasons.

Rev. Nogueras stated that this issue has been going on and that the Church's Charter starts in 1974.

Councilman Noury stated that they would get some answers to these questions.

City Solicitor James Briden explained the situation to the Council and related that he has spoken to Attorney Marcelino and said that this is an issue that needs to be the Superior Court because this is a question of Law that needs to be decided by a Judge. He also stated that he has made a good faith effort relative to this issue but that a Superior Court Judge would better handle it.

Councilman Weber asked when the overpayment occurred and in what amount.

Solicitor Briden stated that the overpayment is in the amount of $3,079.99 and that the Finance Department has been advised to make payment. He stated that the issue of whether the Church is 100% exempt is a difficult legal issue. He related that in order for a non-profit to have a tax-exempt status is has to be provided for in their Charter and in this case the Corporate had been revoked.

Councilman Weber stated that there has not been anything quick about this issue.

Solicitor Briden responded.

Rev. Nogueras stated that he wants this issue to stop with the City Council and that he doesn't want to go to court to seek damages.

Council President Canavan stated that the length of time that has transpired that perhaps the Council should grant the exemption 100% exempt since 1994.

7. Correspondences

Elizabeth A. Crowley, CMC- City Clerk to Emmanuel Zaharakis Re: Non Renewal of Peddler License & Order

Elizabeth A. Crowley, CMC-City Clerk to John P. Duffin, Jr. Re: Abandonment of a portion of Hooker Street-Reports from City Departments.

Motion to accept and place on file was made by Councilman Noury and seconded by Councilman Weber and Councilman Ferri.

Motion carried 4 yes 0 no 1 absent.

8. Claims

Peter Zabek for slip & fall 8/16/99 Lonsdale Ave. $5,000.00.

Camilla Patino slip & fall at City Library 8/5/99.

Patricia & Cornelius Demers Auto Accident with Rescue Vehicle.

Raymond Pellon injuries at detention facility 9/23/97.

Jose Matafome damage to apartment 5/27/99.

Emmanuel Zaharakis damages as a result of suspension of peddler license.

Patti Rebello damages to vehicle by Fire Truck 6/24/99.

Marsha Fittro damages to tire while parked on High St.

Motion to refer to claims committee was made by Councilman Noury and seconded by Councilman Ferri.

Motion carried 4 yes 0 no 1 absent.

9. Licenses

General Repair License (new)

Jose Chevalier/Abraham Hernandez

D/B/A Tony's Shoe Service

783 Broad St.             

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

Motion carried 4 yes 0 no 1 absent.

Retail Sales Licenses (new)

Maria G. Cabral

D/b/a Cabral's Fashions

884 Lonsdale Ave.

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

Motion carried 4 yes 0 no 1 absent.

Carmen Veldez

D/b/a Melissa

529 Broad St.

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

Motion carried 4 yes 0 no 1 absent.

Personal Service License (new)

Marie Puglia

D/b/a Upper Cuts

716 Dexter St.

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

Motion carried 4 yes 0 no 1 absent.

General Service License (new)

Nicolas Hernandez

D/b/a Envi. Mex.

525 Broad St.

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

Ocean State

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

Pool Table (new)

El Rincon De Antano

72 Hedley Ave.

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

Automotive Repair (new)

Jose A. Morillo

d/b/a San Francisco Auto Repair

601 Lonsdale Ave

Councilman Weber stated the concerns of Councilwoman Moreau and reminded the new owners that she strongly urges Mr. Morillo That no auto body repairs are to be conducted on the premises and that they should maintain a clean operation inside and outside the area.

10. Use of City Property--Jenks Park

1. Christian Life Center-- testimony & revival.

The Pastor stated that they would like to use the gazebo area of the Park and that they would not be loud.

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

Motion carried 3 yes 1 no 1 absent.

So. Attleboro Assembly of God.

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

Motion carried 4 yes 0 no 1 absent.

Council President Canavan recessed the meeting at 8:30 p.m.

Meeting reconvened at 8:37 p.m.

11. Resolutions

A. Resolution Establishing Objectives & Goals for the Job Creation Incentive Program.

12. Ordinance

(Introduction)

An Ordinance related to Chapter 18-1 of the Revised Ordinances Article II Nuisances. So Introduced.

13. Tax Assessor's List of Abatements

(see List)

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

Motion Carried 4 yes 0 no 1 absent.

14. Public Comment on Any Concerns

Mr. Woods of Central Street stated his concerns and questioned the proposed Ordinance.

Tom Green member of a Motor Cycle Club asked the Council for permission to hold an event in the parking lot of Post 79. He stated that this would be a Steak Fry and that the group will also have a Blue's Band on hand. He stated that the event will help fund a wish come true and toys for tots programs.

Councilman Ferri stated that his only concerns are related to Alcoholic Beverages.

Councilman Noury asked about the Dinner theater across the street.

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

Motion carried 4 yes 0 no 1 absent.

15. Committee Reports

None

16. Old Business

None

17. New Business

Councilman Ferri commented on the Bike Rodeo and stated that Bike Helmets are to be worn only when riding a bicycle and that according to the National Department of Health the helmet is not designed for any other activity and could cause injury if used in any other capacity.

Council President Canavan commented on the recent visit by the Vice President Al Gore to the City of Central Falls Ella Risk School. He stated that is was an honor to speak with the Vice President for approximately 10-12 minutes.

18. Adjourn

Motion to adjourn was made by Councilman Noury and seconded by Councilman Weber. All Agreed. So Voted. Time 9:10 p.m.

_________________________________

Elizabeth A. Crowley, CMC

Interpreters for the Hearing-Impaired Available upon 72 hour request made in the Office of the City Clerk. This Notice Posted in the Library & City Hall on 9/9/99