City of Central Falls
Regular City Council Meeting
City Hall Council Chambers
Monday, October 23, 2000
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.
Agenda
Councilman Leger
Councilwoman Canavan
Councilman Robichaud
Councilman Lazieh
Councilman Noury
Quorum present.
Council President Noury presided and led the assembly in the Pledge of Allegiance.
None
Peter Kerwin, Senior Director - American Broadband Inc.
Mr. Kerwin introduced the new cable franchise "American Broadband Inc." coming to Rhode Island. He related that this company would present competition for Cox Cable. He commented on fees.
Council President Noury questioned Mr. Kerwin.
Councilwoman Canavan asked about recruitment and location of the Office.
Councilman Lazieh asked about public service stations and target date.
Mr. Kerwin stated that the company would be 100% digital with approximately 250 channels.
Council President Noury thanked Mr. Kerwin for taking time to introduce their new company to them and wished them success.
Regular Meeting August 21, 2000
Regular Meeting September 11, 2000
Conclusion of Sept. 11, 2000 Regular Meeting September 18, 2000
Special Meeting September 18, 2000
Motion to approve collectively and place on file was made by Councilwoman Canavan and seconded by Councilman Robichaud. All Agreed. So Voted.
A. North Smithfield Town Council-re: Electric Generating Facility
B. Councilwoman Rose Marie Canavan to Michael W. Field Special Assistant Attorney General Re: Acknowledgement of Letter regarding access to public records.
C. Alan R. DeNaro, Chief of Police-re: China House Restaurant
D. James A. Briden to Elizabeth Crowley, City Clerk-re: Business Hours Class A-Restaurants
Motion to accept collectively and place on file was made by Councilman Robichaud and seconded by Councilman Leger.
Councilman Lazieh asked to take Item C individually. He stated he has some concerns.
Motion to accept collectively withdrawn by maker.
Motion to accept Item A & B was made by Councilman Lazieh and seconded by Councilman Leger.
Motion carried 4 yes 1 No -(Councilman Robichaud voting no).
A. Police Department Report September 2000
B. Code Enforcement Report
C. Revenue & Expense Report unaudited-June, July & August 2000
Motion to accept and place on file was made by Councilman Robichaud and seconded by Councilwoman Canavan. Motion amended by Councilman Lazieh to accept items A & B.
Seconded by Councilman Leger.
Councilman Leger explained that this is not the report that the Council asked for.
On motion as amended. All Agreed. So Voted.
John M. Gamcarski
1725 Eagleville Rd.
Tiverton, R.I
Mayor Matthews introduced Mr. Gamcarski.
Councilman Lazieh stated his concerns about the hiring of the Assessor before his confirmation by the City Council.
Council Members questioned Mr. Gamcarski about the position in Tiverton.
Mr. Gamcarski stated that he was in an elected position in Tiverton and did not win re-election.
Motion to approve was made by Councilwoman Canavan and seconded by Councilman Leger.
All Agreed. So Voted.
See List
Council President Noury questioned the Assessor on how familiar he is relative to the Abatements.
Motion to table until November meeting was made by Councilman Lazieh and seconded by Councilwoman Canavan. All Agreed. So Voted.
1. Pizza & Bakery La Sorpresa Inc.
D/b/a La Sorpresa II
725 Dexter St.
Council Members questioned the applicant.
Motion to approve was made by Councilwoman Canavan and seconded by Councilman Leger and Councilman Robichaud. All Agreed. So Voted.
1. Jose O. DaSilva
d/b/a Irie Culture Shop
844 Lonsdale Ave.
Motion to approve was made by Councilwoman Canavan and seconded by Councilman Leger. All Agreed. So Voted.
2. John Deshaies & George Gagnon
d/b/a True Scent Candles Inc.
396 Roosevelt Ave.
Motion to table was made by Councilman Leger and seconded by Councilman Lazieh. All Agreed. So Voted.
1. Aracely Cuevas
d/b/a ACC Enterprises Inc.
625 Roosevelt Ave.
Motion to approve was made by Councilman Leger and seconded Councilman Robichaud and Councilwoman Canavan. All Agreed. So Voted.
2. Beatriz Hernandez
d/b/a Nails by Betty
473 Hunt St.
Motion to approve was made by Councilman Leger and seconded by Councilwoman Canavan and Councilman Robichaud. All Agreed. So Voted.
3. Friendly Nails
Motion to approve was made by Councilman Robichaud and seconded by Councilman Leger. All Agreed. So Voted.
Jeremias Mantilla
128 Tremont St.
Central Falls, R.I.
D/b/a Jeremias Clothing & Accessories
Door to door sales of new clothing & accessories
Motion to table was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
1. Holy Spirit Catholic Community
Notre Dame Church Hall -Mondays
St. Matthew Church Hall-Thursdays
Motion to approve was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
A. Resolution Extending the Condolences of the Central Falls City Council to the Family of the Late Roland "Benny" Benoit. (Introduced by Councilman Lazieh)
B. Resolution Extending the Condolences of the Central Falls City Council to the Family of the Late Senator William P. Tacco. (Introduced by Councilman Lazieh)
C. Resolution Extending the Condolences of the Central Falls City Council to the Family of the Late Albert "Albo" Vitali, Sr. (Introduced by Councilman Lazieh)
D. Resolution Extending the Condolences of the Central Falls City Council to the Family of the Late Loretta Richard (Introduced by Councilman Robichaud)
E. Resolution Congratulating "Fr. Joe" on the occasion of his 60th Birthday (Introduced by Councilman Lazieh)
F. Resolution Thanking & Commending Robert Weber, Jr. for serving as League President. (Introduced by Councilman Leger)
G. Resolution Congratulating the Casimir Pulaski Mutual Aid Society on the occasion of their 100th Anniversary. (Introduced by Councilman Lazieh)
Motion to approve collectively Items A-G collectively was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
H. Resolution Accepting the donation of land from the Michalski Family. (Tabled 9/11/00)
Councilman Leger stated that he has some concerns about the Pierce Park. He stated that he would like Mr. Cook to come to the November 6th meeting.
Councilman Lazieh commented.
Resolution remains tabled.
I. Resolution Regarding Municipal Longevity Pay Expenditures. (Introduced by Councilman Lazieh)
J. Resolution Regarding Municipal Clothing Allowance Expenditures. (Introduced by Councilman Lazieh)
Councilman Lazieh stated that these Resolutions were only for introduction because they are Resolutions that has a financial impact.
Council President Noury asked the Assistant Solicitor for an opinion.
Mr. Oliverio stated that a Resolution doesn't have the force or effect of law.
Councilwoman Canavan stated that this is not a Resolution and although the Council is sympathetic she stated that in her opinion the Council cannot empower or direct and that this issue is before the court and should be taken care of in that forum.
Councilman Robichaud stated that he agreed with Councilwoman Canavan and cannot support.
Councilman Lazieh stated that the City Council is within its right and does have the authority to proceed.
Council President Noury asked what fiscal year does the Resolution address.
Councilman Lazieh continued and stated that that this provision was addressed by the City Council in the past.
Council President Noury stated that new laws would probably supersede anything that was passed in the past.
Motion to deny items I & J was made by Councilman Robichaud and seconded by Councilwoman Canavan.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Robichaud | yes |
| Councilman Lazieh | no |
| Councilman Noury | yes |
Motion to deny carried 4 yes 1 no.
1. An Ordinance Related to Chapter 6 of the Revised Ordinances entitled Amusements & Entertainment Article VII-Adult Entertainment.
Motion to approve was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
2. An Ordinance Amending Chapter 20 Article II Division 2 entitled "Labor Rights" Removal of the Chief of the Fire Department from the Collective Bargaining Unit.
Motion to approve was made by Councilman Leger and seconded by Councilwoman Canavan.
Councilman Robichaud asked if the Council can approve this type of Ordinance. He stated that this is between the Chief and the Mayor.
Attorney Oliverio stated that this issue was not appealed in Superior Court by the Union.
Councilwoman Canavan stated that this is nothing more than a grandfather clause for the person being removed from the Union and protects what that person has in way of benefits.
Discussion continued relative to the Ordinance.
Councilman Lazieh stated that this Ordinance is fashioned after a similar Ordinance passed for the Chief of Police in 1994. He stated that all this does is protect the benefits of the Chief. He stated that Chief Coutu has served in a union capacity and this allows him some protection.
On motion to approve:
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Robichaud | yes |
| Councilman Lazieh | yes |
| Councilman Noury | yes |
Motion carried 5 yes 0 no.
3. An Ordinance Amending Chapter 18 "Environment" Article II "Nuisances" Division I "Generally" of the Revised Ordinances.
Motion to approve was made by Councilman Lazieh and seconded by Councilman Leger.
Councilwoman Canavan stated that this Ordinance has been addressed before and that this is a Police Issue and should be handled by the Police.
Council President Noury stated that this Ordinance is not in the best interest of the landlord who rented in good faith only to find that the tenant was a poor choice.
On the motion:
| Councilman Leger | yes |
| Councilwoman Canavan | no |
| Councilman Robichaud | yes |
| Councilman Lazieh | present |
| Councilman Noury | no |
Motion dies 2 yes 2 no 1 present.
1. An Ordinance Amending Chapter 38 Article One of the Revised Ordinances entitled "Traffic & Vehicles.)
Public Hearing Opened.
Mayor Matthews stated that the intent of the Ordinance was good but he asked the Council what makes it OK for the Mayor to use a cell phone. He asked what about the person who only has one hand and drives a car or what about other public safety vehicles using cell phones. He asked is it safer for them. He asked the Council to consider these questions before making a decision.
Public Hearing closed.
Motion to deny was made by Councilman Leger and seconded by Councilwoman Canavan and Councilman Robichaud.
Councilman Leger stated that he agreed with the Mayor and asks who decides who is fit to drive using a cell phone. He stated that in his opinion this is just and excuse to pull people over.
Councilwoman Canavan stated that what about the person who drinks coffee or is smoking while driving and what could be more distracting the a baby crying. She stated that she cannot support this and she doesn't feel that there is a need for this Ordinance.
Councilman Lazieh stated that this was submitted at the request of the Police Department.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Robichaud | yes |
| Councilman Lazieh | no |
| Councilman Noury | no |
Motion to deny carried 3 yes 2 no.
2. An Ordinance requiring the Mayor to submit monthly detailed line item departmental balance sheet of the current year operating budget.
Public Hearing opened.
Mayor Matthews asked the Council to deny this Ordinance stating that it is inconsistent with the Charter and the powers of the Mayor.
Public Hearing Closed.
Councilman Leger commented. He stated that the City Council asked for a little more detail on the on the finance department report. Questions like what consist of salary and what is overtime. He commented on the results of this request.
Councilwoman Canavan stated that section 4-406 #5 of the Charter addressed this issue and that the Ordinance should compel the accounting division to make this detailed report.
Motion to amend to require the accounting division was made by Councilwoman Canavan and seconded by Councilman Leger.
Discussion ensued on the duties of the Accounting Division as well as Charter revisions and amendments.
On the motion to amend.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Robichaud | no |
| Councilman Lazieh | no |
| Councilman Noury | yes |
Motion carried 3 yes 2 no.
Motion to approve as amended was made by Councilman Leger and seconded by Councilman Lazieh.
Motion carried 4 yes 1 no. Councilman Robichaud voting no.
Council President Noury thanked Shawn Moreau for filling in for Mr. Nadeau who is recovering from surgery.
Councilman Robichaud apologized for not making his neighborhood meeting.
Motion to adjourn was made by Councilman Leger and seconded by Councilman Robichaud.
All Agreed. So Voted. Time 9:20 p.m.
_____________________________
Elizabeth A. Crowley, CMC
City Clerk
Interpreters for the Hearing Impaired Available upon 72 hour Notice made at the Office of the City Clerk.
This Notice Posted in the City Hall and Library on: 10/01/110/1/1 4:34 pm