March 21, 2001 - Special City Council Meeting

Motion to accept and place on file was made by Councilwoman Canavan and seconded by Councilman Robichaud. All Agreed. So Voted.

Motion to grant was made by Councilman Robichaud and seconded by Councilwoman Canavan.

Councilwoman Canavan stated she had a question with regard to tax exemption on Motor Vehicles, but since the Tax Assessor was not at the meeting she would contact him with her questions.

Councilman Lazieh stated that he was under the impression the Assessor would be present at the meeting. He stated he had some concerns about the Hammart property.

Councilman Leger stated that this has been before the Council and he has concerns with not granting the abatements to those people who are waiting for their refund. He stated that he hopes this would be resolved so the Council can act.

Councilman Lazieh stated he would have no problems with granting the abatements with the exception of the Hammart property.

Council President Noury asked that the motion be withdrawn and replaced with a motion to table.

Councilman Robichaud withdrew his motion.

Motion to table was made by Councilman Lazieh and seconded by Councilwoman Canavan.

All Agreed. So Voted.

b) Resolution extending the Condolences of the Central Falls City Council to the Family late M. Sandra Cruise.

(Introduced by Councilwoman Canavan)

Motion to approve was made by Councilman Robichaud and seconded by Councilwoman Canavan.

All Agreed. So Voted.

RCM Corp.

D/b/a Acuarius Night Club

768 Broad St.

Council President Noury opened the meeting to the public at 7:15 p.m. He asked if there was anyone present who wished to speak against the granting of the licenses.

Attorney Horan, representing RCM Corp. commented on what normal procedure relative to these issues.

Procedure was discussed and the Council President stated that if there were no objections he would allow the applicant to proceed with those in favor of the license as well as comments from the applicant or their attorney.

Attorney Horan asked Mrs. Ortiz to answer questions through an interpreter.

Attorney Horan asked Mrs. Ortiz her current address. The names and ages of her children.  Her current business and length of time operating this business.

Mrs. Ortiz responded that she currently resides in Patterson, New Jersey, she has 3 children Claudia ages 21, Roal age 18 and Emelie age 14. She stated that she has been living in New Jersey and the United States for the past 14 years. She has been a cafe owner in New Jersey for 14 years.

Attorney Horan asked Mrs. Ortiz if she has an entertainment license in her business.

She responded yes and explained that she has special entertainment on holidays and special occasions.

Attorney Horan asked if this included live bands and music.

Mrs. Ortiz responded yes and that this would be Colombian music.

Attorney Horan asked if there is dancing on the weekends at the current establishment.

Mrs. Ortiz responded yes with a DJ or JukeBox and sometime a piano.

Attorney Horan asked if Mr. Ortiz owned the building and does she live in that building.

Mrs. Ortiz responded yes.

Attorney Horan asked if there has ever been any complaints or problems with the neighbors or the Police.

Mrs. Ortiz responded never and that she operates her business from noon to 3 am which is allowed in Patterson.

Attorney Horan asked Mrs. Ortiz why she wishes to purchase a business in Central Falls.

She responded that she likes the community and stated that she has relatives and friends here.

Attorney Horan asked Mrs. Ortiz if she would be living in Central Falls.

Mrs. Ortiz responded yes in the same building as the business.

Councilman Noury asked if the Entertainment is part of the regular permit allowed in New Jersey.

Mrs. Ortiz responded that it's included.

Councilman Lazieh asked what kind of business would Mrs. Ortiz have? Would it be a restaurant?

Mrs. Ortiz responded that it would be between a restaurant and a discotheque.

Councilman Lazieh asked if this would be during the day or in the evening and what time would there be music and dancing.

Mrs. Ortiz stated that from 6:00 p.m. to closing.

Councilman Lazieh asked if this would be every night.

Mrs. Ortiz responded only weekends.

Councilman Lazieh asked what did she consider weekends to be, what days of the week.

Mrs. Ortiz responded Friday and Saturday nights and that during the week it would be just a neighborhood bar.

Councilman Lazieh asked if this would be a full menu restaurant or just snacks.

Mrs. Ortiz responded fast food.

Councilman Lazieh asked how many pool tables is Mrs. Ortiz applying for?

Attorney Horan responded 2 pool tables and 1 amusement device.

Councilman Lazieh asked if the establishment would be sound proofed and insulated to keep the noise to a minimum. He also asked if there would be smoking in the establishment and what arrangements have been made for parking.

Mrs. Ortiz responded that she is planning to purchase the lot next to the building.

Attorney Welch representing the Objectors asked Mrs. Ortiz how many spaces are presently available now without the purchase of the lot.

Mrs. Ortiz responded that there is parking behind the building.

Attorney Welch asked how many.

Mrs. Ortiz responded that there is a municipal lot down the street on Ledge Street.

Attorney Welch asked if there are any negotiations with Macdonald's regarding parking?

Mrs. Ortiz responded no.

Attorney Welch asked if anyone was using the lot presently?

Mrs. Ortiz stated she is not sure who is using the lot.

Attorney Welch asked what the status of the sound -proofing was being done and to what degree.

Mrs. Ortiz stated that whatever is required by law.

Attorney Welch asked about the architect's plans and if they have been filed.

Mrs. Ortiz stated that no plans have been made at this time.

Attorney Welch asked what exactly was a discotheque and what plans are there to run it.

Mrs. Ortiz stated that she would have this on Fridays and Saturdays, Christmas and New Year, Valentine Day etc.

Attorney Welch asked how many patrons did she expect to have at any one time.

Mrs. Ortiz stated what ever the establishment could hold.

Attorney Welch questioned the capacity of the establishment.

Mrs. Ortiz stated she was not sure.

Attorney Welch asked if she approached anyone from the City relative to the purchase of the property for parking.

Mrs. Ortiz responded that she spoke to someone from Planning.

Attorney Welch asked if any of her children would be working with her.

She responded that perhaps her oldest child.

Attorney Welch asked Mrs. Ortiz how large is the establishment in New Jersey.

Mrs. Ortiz stated that she didn't know.

Attorney Welch asked what is the capacity.

Mrs. Ortiz responded about 50.

Attorney Welch asked how many residential homes are around her business in New Jersey.

Mrs. Ortiz responded too many.

Attorney Welch asked if she is aware of how many home are around the Broad Street building.

Mrs. Ortiz responded that on Broad Street there are businesses.

Attorney Welch asked if the Police had ever been to her New Jersey business.

Mrs. Ortiz said never.

Attorney Welch asked if she maintains security at her New Jersey business.

Mrs. Ortiz said yes, one.

Attorney Welch asked, if Mrs. Ortiz in addition to her Central Falls business, would she continue to operate the New Jersey business.

Mrs. Ortiz responded yes.

Attorney Horan objected and stated that he is not sure the question is relevant.

Attorney Welch responded that he was trying to establish if she would be a part-time owner or a full-time owner at the Central Falls establishment.

Attorney Horan called upon Mrs. Hester, the present owner of Hester's Place who stated that she resides at 768 Broad St., Central Falls.

Attorney Horan asked Mrs. Hester how long she owned the business.

Mrs. Hester responded 18 years.

Attorney Horan asked Mrs. Hester if she presently has an outstanding dance license for this business.

She responded that she had one for 1999/2000 as well as 2000/2001.

Attorney Horan introduced the Licenses as exhibits.

Councilman Leger questioned the capacity of the establishment.

Mrs. Hester responded about 165.

Council members questioned Mrs. Hester about the application process.

Mrs. Hester responded that she was only informed by the Clerk a few weeks ago that she did not have a dance license. She also stated that the letter was sent to her former addresses before she received it.

Attorney Welch asked Mrs. Hester when her license for dance was revoked in 1997.

Mrs. Hester responded yes. He asked her if she had a dance license in 1998 or 1999.

She stated no.

He asked if she appealed the decision.

She stated yes.

Discussion continued about the application process etc.

Meeting recessed at 8:25 p.m.

Meeting reconvened at 8:30 p.m.

Speaking in favor of the license:

Joseph Beaulieu of Pawtucket stated that he is a patron of the facility and spoke highly of the present owner of the establishment. He said that she should have a right to sell this business and that Mrs. Ortiz should be given the opportunity to display her ability to conduct a responsible business in the City.

The owner of Natural Tree spoke in favor of this business and stated that she doesn't see enough Spanish businesses on Broad Street and wants to see more instead of them all being on Dexter Street. She stated this business would make people more aware of the Broad Street area.

Carlos Sandoval of 50 Pacific Street stated that he is a customer at the business and that the cafe is pretty quiet and that there are not many problems in the area.

Council President Noury reminded the people in the assembly that the City Liquor Board had already approved the transfer of the Liquor License and that the question before the City Council is whether to issue the business a dance/entertainment license.

Attorney Welch asked Chief of Police DeNaro to come forward.

Attorney Horan asked if the Chief had been summoned.

Chief DeNaro responded no.

Councilman Lazieh asked if the Council would be going over the entire Hester file and is it appropriate since the Council is hearing a new license request.

Attorney Welch stated that the Chief would only introduce a file that shows the type of activities that warranted the police to the location but he would not be questioned on any individual incident.

Councilwoman Canavan stated that the Council should know the History of the area with regards to the entertainment in order to draw the proper conclusions.

Attorney Welch entered the Police Log into the record.

Attorney Horan asked the Chief who requested him to be at this meeting.

Chief DeNaro stated that the Mayor requested that he be here.

Councilman Leger questioned the Chief of the number of times and did they respond to every Incident or just phone calls.

Chief DeNaro stated that basically the largest problem is music. He stated that when a person uses the side door to exit the building the music would bounce off the brick building causing it to sound louder that it actually is. He stated that at the time he had been in the bar there was little or no activity.

Councilman Leger questioned the parking.

Councilman Lazieh questioned the activity in the last six months.

Chief DeNaro stated that there have been 38 calls in 23 months to that location for loud music. He said some of the complaints were founded and some not. He also stated that there were also barking dog complaints.

The Chief was asked if the location was considered to be a troublesome place by the Police Department.

Chief DeNaro responded no.

Attorney Welch asked the Code Enforcement Director Donald Houle to come forward.

Mr. Houle stated that he has been Director of Code Enforcement for 5 years.

Attorney Welch questioned Mr. Houle about the Zoning of the Building and asked if permits have been issued.

Mr. Houle explained the zoning laws relative to this business and stated that eating and drinking are allowed in the zone excluding entertainment.

Councilman Leger asked when the zoning ordinance was adopted.

Mr. Houle stated that the ordinance was adopted on 10/1/92.

Attorney Horan questioned Mr. Houle about where in the district entertainment is allowed.

Mr. Houle reading from the ordinance relates the details of section 34 of the zoning ordinance.

Councilman Lazieh questioned Mr. Houle about the establishment ever ceasing to operate as a licensed establishment.

Mr. Houle commented that zoning looks at the operation of the establishment.

Councilman Lazieh questioned Mr. Houle extensively regarding permits.

Councilman Robichaud questioned the application and who signed it.

Council President Noury asked if there were any other persons who wished to address the Council in opposition of the granting of the license.

Mr. Gerard Heroux of 27 Ledge St. owner and operator of L. Heroux & Sons stated that he has been a resident of the City on Ledge Street for the past 84 years and that his family has lived in the City for over 105 years. He stated that he doesn't oppose the business itself but he opposes a license for entertainment. He stated that he as well as the other residents of Ledge Street have had to deal with people who have abused the spirit of being a good neighbor. He said that a neighborhood bar was established back in 1938 and that the neighbors had a good rapport with the prior owners of the establishment. He stated that since these owners have run the establishment the neighborhood has suffered. He stated that when the Council took the license away the neighborhood returned to some amount of normalcy. He requested that the Council not approve the license.

Councilman Leger asked Mr. Heroux if he opposed the bar/restaurant.

Mr. Heroux stated he does not oppose a neighborhood bar.

Paul Gingras of 15 Ledge Street stated that he has been an employee of L. Heroux & Son Funeral Home and now lives right next door. He commented on the broken beer bottles, the loud music, and rowdy patrons leaving the bar at closing. He said that the condition was somewhat better but the late nights interfere with people's sleeping, with the screaming and turning up of car radios. He said it has been very nice since the construction has been going on. He also stated that he has called the police many times. He said he has no objection with a neighborhood bar but objects to the granting of a dance license.

Attorney Horan asked Mr. Gingras if all the noise he hears comes from the patrons of Hester's?

Michael Fisk of the Christian Life Center commented on the broken beer bottles that he has to pick up on Sunday Mornings before services. He stated that Ledge Street is dark and commented on the fears of his congregation leaving the building after evening services.

Councilwoman Canavan asked if the Church has services in the evenings?

Mr. Fisk responded that they do have different activities at the Center for youth and other prayer nights between 6pm & 8:30 pm.

Nicole Kessler of 17 Ledge Street stated that she has lived there for 18 years and that at 11:30 at night the noise begins. She stated she has called numerous times about the noise especially in the summer time. She commented on the dumpster on Ledge street which is causing a traffic hazard. She stated that she is opposed to the issuance of a dance license.

Matthews Alamo of 13 Ledge St. stated that if the entertainment is allowed as is described by the applicant then the City would surely have to increase its Police force because it presently could not handle a crowd of that size if they become unruly. He also stated that the acoustics is bad in the building and that its not personal when he speaks about his opposition but as a practical matter the entertainment license should not be granted.

Mayor Matthews commented on the entertainment/dance license and stated his concerns about having the license. He said he is not opposed to a neighborhood bar but the area is not conductive to a nightclub atmosphere. He commented on the parking in the area and said that the City has owned the property next to this business since January 1996 and that no one signs a transfer of deed from the City other than the Mayor. He said that no one has approached the Mayor about this property and that as long as he is Mayor this property would not be sold to anyone to use for parking. He commented on the previous owners, the sound proofing of the building and other issues relative to the business. He stated that he does not oppose a neighborhood bar but does ask that the Council not approve an entertainment license because the area cannot support this type of function.

Mr. Randall Richmond of 17 Ledge Street commented on the noise but spoke about the base on the loud speakers and that this really effects a person mentally. He spoke against the issuance of the entertainment license.

Attorney Welch asked to entered a signed petition from the Ledge Street residents in opposition of the license.

Attorney Horan objected on the grounds that the petition is not notarized.

Attorney Welch stated that a notary is not required for this type of petition.

Council President Noury allowed the petition to be filed.

Council President Noury closed the Public Hearing at 10:00 p.m.

He stated that the Council is dealing with a new application and asked the Attorney's to make their closing statements.

Attorney Welch representing the objectors gave a brief final statement and pointed out that the operation currently being run by Mrs. Ortiz is considerably smaller that the proposed one. He commented that Hester's License was without doubt been terminated for a least one year and in order for the Council to grant a new license the Zoning would have to approve a non-conforming use. He spoke of the case of Pezza vs. Johnston where an action of a clerk does not the enforce an action that is the authority of another entity. He said that the bottom line is that the license did not have a council vote and the issuance of the license is void. He asked the Council not to approve the license.

Attorney Horan commented on the application and said there is no distinction between it and a renewal form. He stated that the only evidence is that there was not only one license given but two this means two license periods. He commented on the letter received from the City Clerk and said there is no alleged error in the issuance of the license to Hester's. He quoted State law and stated that revocation is for a period of 1 year term which is the term of a license. He spoke of the denial in 1998 and he stated that prima fascia evidence shows that the license exists. He spoke of his client's right based on her own merits and not on past infractions that the Council should consider the granting of the license. He stated that she should be given a chance to prove her ability to run a good establishment. He spoke of the investment his client is making and the purchase and sales agreement pending the approval of this license.

Councilman Lazieh questioned Mr. Horan on the grandfather clause with regard to the license.

Attorney Horan stated that in his opinion the Zoning Ordinance does not define what entertainment is and he said that abandonment does not mean caused by an action out of the control of the applicant such as revocation.

Councilman Lazieh stated that he assumed that this isn't the last step the applicant can take relative to the actions of the City Council. He stated that RCM even if the Council act appropriately can have a hearing de novo. He stated that the Council has to consider the affect on the neighborhood. He commented on Mrs. Ortiz and stated that she is not Hester's Place and will not be considered as such.

Councilman Leger commented on the consistency of the answers he received from the neighborhood residents about the difference in the area before the revocation and after the revocation of the license and he would base his vote on the affect this has on the neighborhood. He stated that this is not a reflection on the applicant. He commented on the issue of parking and the location of the residents to the business.

Councilwoman Canavan stated that there is no reflection on RCM but that area is highly congested and the noise and parking us a factor. She commented on the number of persons that the bar can hold and how this could affect the City in general. She commented on the summer and the noise and on what happens when people drink and their subsequent conduct.

Councilman Robichaud stated that he is considering this request as a new license and that he is not denying the applicant a livelihood and the Liquor Board has granted the applicant a Liquor License. He stated that he couldn't support the granting of an entertainment license for this location. He commented on the soundproofing and the possibility of controlling a large group of people who have been drinking for a period of time.

Councilman Lazieh stated that he has listened to the residents in the area and that he cannot ignore how they feel. He stated that he doesn't believe that this is the final decision for the applicant and that this will go to court. He stated that he couldn't support the approval of the license.

Council President Noury commented on his 26 years of service to these resident, many of whom he considers friends, he spoke of their support and commented that their views were important to him. He stated that the History of the establishment and the affects it has had on the neighborhood must be considered when make this type of decision. He spoke of the revocation in 1997 and the issuance of any subsequent license by a clerical error does not, in his opinion, constitute a valid license. He stated that he believes that the present owners have tried to deal with the problems in the neighborhood but have not been successful. He said that this has historically been a neighborhood bar and that the area is not a place for a nightclub. He stated that this is no reflection on Mrs. Ortiz or her abilities. He stated he is not against the opening of the business as a neighborhood cafe by Mrs. Ortiz and wishes her success with the business but he cannot support the approval of an entertainment license.

Councilman Lazieh stated that he is not comfortable in making a decision without legal advise from the City Attorney. He stated that he has questions regarding the Zoning and the issuance of the license.

Council President Noury stated that a decision on this issue has been delayed long enough.

Councilwoman Canavan stated that the Council has had the opinions of both Attorney Horan and Attorney Welch for the past several meetings on this issue and she feels the Council can make a proper decision based on their comments.

Motion was made by Councilman Robichaud and seconded by Councilwoman Canavan to grant a pool table license (license for 2 pool tables) and an amusement game license (for 1 game) only no live entertainment or dance in the establishment.

Motion carried 5 yes 0 no 0 absent.

Councilwoman Canavan stated that she intends to introduce at the April 9^th meeting an ordinance that will clarify and address the dance/entertainment license.

Council President Noury stated that Councilwoman Canavan might wish to co-author the ordinance with Councilman Robichaud.

Councilman Leger asked the Chair if a formal motion to deny the dance/entertainment license is proper in order to make the record clear.

Council President Noury asked for a motion.

Motion to deny the dance/entertainment license for RCM was made by Councilman Leger and seconded by Councilman Robichaud.

Motion to deny RCM an entertainment/dance license carried 5 yes 0 no 0 absent.