August 25, 2003 - City Council Meeting

City of Central Falls

City Council Meeting

City Hall Council Chambers

MONDAY

August 25, 2003

6:45 p.m.

A meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 6:50 p.m.

1.  Roll Call

Councilman Noury

Councilman Leger

Councilman Patino

Councilman Weber

Quorum present.

2.  Pledge of Allegiance

City Council President Robert F. Weber, Jr. presided and led the assembly in the Pledge of Allegiance.

3.  Certificates

Central Falls City Council Congratulates the Central Falls Little League Champions 2003

Introduced by Council President Robert F. Weber, Jr.

Council President congratulated the Dexter Credit Union Little League Champions who is the first undefeated team in 17years.

4.  Minutes

May 19, 2003; May 23, 2003; May 30, 2003

June 6, 2003; June 9, 2003; July 21, 2003

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

5.  Correspondences

A.  Roberta H. Johnson, CMC, Town Clerk of Coventry; Resolution Supporting Construction Aid forPublic Libraries.

6.  City Officers Reports

1.  Public Works Department-July 2003

7.  Reports to the City Council

Chief Thomas Wilson, CFPD

Chief Wilson gave an overview of the summer activities in the City and what remedies were taken by the Police Department to curb noise and loud music complaints. He stated that overall severe crimes such as homicide and felony assault were down in the City.   He did state that larceny and burglary are up. He stated that the force is vigorously enforcing speeding and noise violations.

He stated that the force has 36 sworn officers and that this year there will be a school resource officer.

Councilman Noury questioned the Chief.

Councilman Leger commented on the radar and when the Officers are out.

Chief Wilson responded that officers are out every day, every shift especially in areas of complaints and accidents.

Councilman Patino stated that the main complaint in his ward is the lack of courtesy by dispatchers when responding to a call.

Chief Wilson responded and related that the dispatchers are handling several phone calls at the time and that there is no room for error when responding.

Councilman Noury asked the Chief about other departments in the state and their dispatchers.

Councilman Leger stated that regardless who makes the calls the responder should treat all equally.

Councilman Leger asked about the AOC program and how it was progressing.

Chief Wilson stated that Mr. Muggle is doing an outstanding job and that he has nothing but high praises for him.

Councilman Patino commented on Mr. Muggle's performance and his ability to look ahead and focus on the future of that position and how it will be impacted when the shelter is ready.

Council President Weber commented on dispatching within the Blackstone Valley and co-operation in the area. He stated that it would be a smart way to do business while keeping cost down for the entire Valley if a co-operative effort were made to combine these duties.

Mr. Pytka of Emmett Street commented on noise issues.

Chief Rene Coutu, CFFD

Chief Coutu reported on the inspections taking place regarding the fire code and how it relates to his department. He reported that there are 59 places of assembly that have been inspected and that 31 meet the criteria. He also stated that 17 have complied totally while others have applied with the state for variances. He stated that there are 11 churches 8 schools and City Hall which will be inspected shortly. He related that the state code has changed dramatically and that all grandfather rights are gone. He also stated that there are 770 buildings in the City that fall under the code and that 418 within one year have been completed. He also said that the industrial complexes have not been done.

He gave a brief overview of the activities of the Fire Department in addition to the inspections.

He said that there were 4 major fires and that 2 arrests were made relative to the Washington Street garage fire and the garage fire on Earle Street.

Councilman Patino asked about apartment overcrowding.

Chief Coutu responded that those types of violations are turned over to the Code Enforcement Department if noticed by the Department.

Council President Weber questioned the issue relative to fire hydrants in the City and the low pressure issues relative to some of the hydrants. A detailed discussion ensued.

Councilman Noury questioned the hydrant on the corner of Railroad and Central streets.

The Chief explained the testing done to the hydrants.

George Dumont, Code Enforcement Inspector

Councilman Leger asked about the newly formed position of Trash Inspector.

Mr. Dumont stated that the inspector had been on the job about 4 weeks. He related that he has been issuing a 24 hour courtesy tag on violations while at the same time trying to educate the violators.

8.  Hearing (Continued from June 9, 2003)

Hector Solis

D/b/a Mufflers Unlimited

763 High St.

Matthew Oliverio update the Council on the issues relative to this business.

Mr. Dumont stated that he revisited the property and stated that Mr. Solis made some corrections to the exterior of the building. Mr. Dumont summarized the violations.

Councilman Leger asked how long would it take to clean up the trash that has accumulated, one day, two days?

Council President Weber questioned the number of vehicles allowed to be stored on the property.

Chief Coutu related that a fire code violation had been issued on May 23^rd. He related that Mr. Solis could have applied for a variance from the State sometime in the months of June or July. He stated that since that time he has asked Mr. Solis not to use certain portions of the building and to keep the door closed on an interior section of the building.

Chief Coutu stated that he's just trying to follow the code.

Matthew Oliverio stated that the Council has to decide if the facility presents a hazard to life and property.

Chief Coutu stated that it could present a danger to the community.

Mr. Oliverio stated that the Council could close the establishment until the State hearing.

Councilman Noury asked the Chief if any of the exit signs were done.

Chief Coutu responded.

Discussion continued regarding the exit signs.

Councilman Noury stated that it has been a full four months at the minimum that this has been going on. He asked the cost involved.  Chief stated that he isn't sure.

Council President Weber asked Mr. Solis why no progress has been made on the work that could have been done since the last meeting.

Mr. Solis responded that he has complied with most things. He said that only the exit signs and alarm system are left.

Council President Weber stated that there are still the storage issues and why hasn't that been done.

Mr. Solis stated that he hasn't used that side of the building.

Council President Weber asked why the junk cars haven't been moved.

Mr. Solis responded that they have only been there for about 4 or 5 days and that this is an auto repair shop. He stated that these are new things.

Council President Weber responded.

Mr. Solis asked what the motive is regarding this. He asked if the Council was trying to put him out of business?

Council President Weber strongly responded to Mr. Solis' remarks by saying that the Council is concerned for his safety as well as the safety of the Community and that it is the duty of the Council to be sure that all businesses follow the rules and regulations necessary to ensure that safety.

Mr. Solis responded that its not that he doesn't want to comply its that many companies consider this job too small to want to bother with it.

Councilman Leger stated that this is the same performance as it was on June 9^th. He asked Mr. Solis if he would want to live next to his business. He stated that it would take about 8 hours to clean outside and that Mr. Solis has had all this time to do it.   He stated that he is willing to suspend the license until Mr. Solis is in compliance.

Chief Coutu stated that he has presented Mr. Solis with a list of fire alarm installers. He also gave the Council a brief overview of the violations that have been complied with. He reported that gasoline tanks from the automobiles stored in the lot are considered to be a high hazard.

Council President Weber recessed the meeting at 8:15 p.m.

Meeting reconvened at 8:25 p.m.

Councilman Patino questioned the City's liability if the Council continues to allow Mr. Solis to operate.

Mr. Oliverio feels that the City is exposed to some degree.

Mr. Solis stated that he doesn't want to loose his business.

Councilman Patino asked Mr. Solis why he hasn't complied with cleaning up his business. He said other business people have to comply. He also stated that if the Council doesn't act the City could be held liable if something happens.

Council President Weber asked Mr. Oliverio what legal options the Council can take.

Mr. Oliverio stated that the Council could 1. Revoke the license indefinately, 2. Suspend for a time, defer actions until State Board makes their decision or that the Council could find that there is insufficient evidence to warrant any actions.

Councilman Noury stated that he would like to get to a motion.

Motion to suspend Mr. Solis's license until September 8^th and after a full inspection by both Chief Coutu and George Dumont  was made by Councilman Noury and seconded by Councilman Leger.

Councilman Noury stated that this business has been a headache since it opened. The motion was amended to suspend immediately.

Motion carried 4 yes 0 n0 1 absent.

Councilman Leger stated that he is tired of businesses coming before the Council and placing the blame for their troubles on the Council.

Councilman Patino stated that he would like to see Mr. Solis comply with the codes before the 8^th of September.

Councilman Noury stated that we've been dealing with this too many times and that 2 weeks suspension is not unreasonable.

Council President Weber stated that the issue here is that the Council must protect all the City's residents and businesses by insuring that the Code is followed.

Mr. Solis stated that he will appeal this decision.

9.  Abatements

See List

10.  Mayor's Comments

Taken later in the meeting.

11.  Appointments

City Solicitor

Vincent F. Ragosta, Jr., Esq.

Taken later in the meeting.

Zoning Board

See addendum pg. 5

Council President Weber moved around the agenda and took up this issue later in the meeting.

12.  Licenses

Retail Sales (new)

Roberto B. Olivares

D/b/a Dexter Party Store

582 Dexter St.

Class C (new)

Omar A. Horna

D/b/a El Condor

881 Broad St.

Personnel Services License (new)

Hilda Lopez

D/b/a Adonais Beauty Salon

791 Broad St.

General Service License (new)tabled 7/21/03

Mary Cordero

D/b/a Maria's Insurance Agency

793 Broad St.

Class Bv License  & Class A Restaurant (tabled 7/21/03)

Unik Inc.

D/b/a Tropical Restaurant

855 Broad St.

*Tabled for application amendment (Liquor License approved 7/21/03)

Peddler License (new)

Gina M. Rodriguez

D/b/a Uncle Lou's  (tabled 7/21/03)

Permits

Bingo License (renewal)

Foran Manor Tenants Association

30 Washington St.

Bazaars/ 40 week club

Holy Spirit Catholic Community Annual Bazaar

Notre Dame Church Hall

November 7^th & 8^th

Use of Jenks Park

"Rock The City"

Rev. E. Nogueras

Sept. 13, 2003-9am-3pm

Mayor's Comments

Mayor Matthews commented on the Resolution before the Council regarding the City Solicitor's position. He commented on co-operation between the Council and the Mayor.

Council President Weber responded to the resolution issue and said that he is very disappointed that the Council is left without legal representation.

Mayor Matthews responded that he can respect the feelings of the Council regarding this issue and that he does not want to have bad relations between the Council and the Mayor's Office.

Mayor Matthews spoke on the issue of Jenks Park and events taking place on Saturdays in the Park and how they affect the church next door.

Council President Weber stated that the Clerk has informed the Council of the administrative issues relative to the park and the Council will discuss in detail how to handle the requests for the park.

Mayor Matthews commented on a traffic study relative to Hunt & Lewis Streets. He said this comprehensive study to make this area safer.

Mayor Matthews also commented on the Animal Shelter and stated that this is a two phase project.

The Mayor also commented on the issue of the Schools and the recent articles in the paper stating that the City has resumed control over the schools.  The Mayor stated that this is not the case and that this is not a city board and the City has no input relative to the Board.

Mayor Matthews commented on the issue of  hydrants and related that the hydrants have been tested annually since 1991. He explained in detail the conditions of the mains, water pressure and the hydrants themselves.

Mayor Matthews commented on the appointment of the City Solicitor and the resume presented to them. He stated that Mr. Rogosta has more than enough qualifications for the position and asked the Council approve the appointment.

Councilman Noury questioned Chief Coutu about the hydrants and the management and maintenance program associated with them.

Chief Coutu responded.

Councilman Noury questioned the annual appropriation for the hydrants and that

No expenditure relative to that account has been made.

Mayor Matthews responded that the appropriation Councilman Noury is referring to is the annual fee paid to the Pawtucket Water Supply Board for the hydrants and that at the time of those appropriations the City and the Board were in litigation.

He stated that the appropriation represents a fee of $350.00 per hydrant.

The Mayor stated that maintenance and repairs of the hydrants themselves comes from various other accounts in the budget such as general repairs and maintenance, water pipes and general infrastructure.

General discussion concerning the hydrants continued.

13.  Public Comments

Mr. Benjamin Pytka of 75 Emmett St. commented on the quality of life issues in the City. He commented on the radio and noise issues as well as the trash issues and stated that he expects more from the departments regarding these topics.

Councilman Noury suggested that Mr. Pytka contact the Police Chief and speak with him directly.

14.  Resolutions

Resolution Authorizing the City Council President to employ legal counsel.

(Introduced by Council President Weber)

15.  Ordinance (Public Hearing/Final Passage)

An Ordinance Amending Article I, in general, Section 28-1 Playground, Parks, & Playing Fields.

16.  Appointments

City Solicitor

Vincent F. Ragosta, Jr., Esq.

Councilman Leger stated that it is customary and common practice that the appointee come before the Council and asked that the appointment be taken up at the Sept, 8, 2003 meeting.

Councilman Noury stated that he would like an opportunity to gather more information on this appointment.

Council President Weber stated that he has met Mr. Ragosta and that the issue can be taken up on the Sept. 8^th meeting.

17.  Unfinished Business

Council President Weber commented on the Jenks Park issues and commented that a management program should be drawn up.

Councilman Patino stated that a committee comprising the Mayor and Recreation Director and the Clerk should be established.  Council President Weber asked Councilman Patino and the City Clerk to co-ordinate their efforts.  The Council commented that a binder for insurance should be submitted with the application.

18.  New Business

None

ADDENDUM

Zoning Board Appointment (alternate)

Joseph Travers

74 Clay St.

Term to expire Jan. 2007

Motion to approve was made by Councilman Leger and seconded by Councilman Patino.

Motion carried 4 yes 0 no 1 absent.

Correspondences

1.  Merrick A. Cook, Jr., Director of Planning re: Community Development Block Grant

2.  Central Falls Police "Tips Line"

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

Without objection the following Resolutions were place on the Agenda at the request of Councilman Patino and Councilman Leger.

Resolution of Condolence Mr. Michael Sackal introduced by Councilman Leger and

Resolution of Condolence Mr. Sergio Duque introduced by Councilman Patino.

Resolution of Congratulations to Carmen Mirabel and Rosalba Estrella introduced by Councilman Patino.

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

Adjourn

Motion to adjourn was made by Councilman Noury and seconded by Councilman Leger.  All Agreed. So Voted.  Time 10:35 p.m.

Elizabeth A. Crowley, CMC

City Clerk