September 8, 2003 - City Council Meeting

City of Central Falls

City Council Meeting

City Hall Council Chambers

MONDAY

SEPTEMBER 8, 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 6:45 p.m.

1. Roll Call

Councilman Leger

Councilman Patino

Councilman Noury

Councilman Weber

Quorum present.

Councilman Issa is in the National Guard serving in Iraq.

2. Pledge of Allegiance

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

3. Minutes

August 25, 2003

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

4. Correspondences

Jewish Federation of Rhode Island-Jewish Holiday Guide

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

5. Public Comments

None

6. City Officers Reports

A. Recreation Department

B. Personnel Department

C. City Clerk's Office

D. Municipal Court

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

7. Mayor's Comments

Mayor Matthews had no comments at this time.

8. Appointments

City Solicitor (tabled 8/25/03)

Vincent F. Ragosta, Jr. Esq.

Motion to remove from the table was made by Councilman Noury and seconded by Councilman Leger and Councilman Patino.

Councilman Patino commented.

Councilman Noury commented.

Councilman Patino	yes
Councilman Leger	yes
Councilman Noury	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

Councilman Noury commented on the Resolution submitted by the City Council President.

Motion to reject the Mayor's appointment of Mr. Vincent Ragosta was made by Councilman Noury and seconded by Councilman Patino for the purpose of discussion.

Councilman Noury commented that Mr. Ragosta should have been present at this meeting.

He further stated that the issue of the Resolution was to force the Mayor's hand.

Councilman Patino stated that he had no problem with the individual but just wanted that individual to appear.

On motion to reject:

Councilman Noury	yes
Councilman Leger	yes
Councilman Patino	yes
Councilman Weber	yes

Motion carried appointment rejected 4 yes 0 no 1 absent.

Board Appointments

Juvenile Hearing Board

Kathleen Palmer

135 Perry St.

Term to expire Apr. 2006

Ms. Palmer was present to answer any questions the Council may have.

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

Councilman Patino	yes
Councilman Leger	yes
Councilman Noury	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

Purchasing Board

Donald E. Connolly

73 Kendall St.

Term to expire Jan. 2006

Mr. Connolly was present to answer any questions the Council may have.

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

Councilman Noury	yes
Councilman Leger	yes
Councilman Patino	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

9. Licenses

A) General License- Transfer of Location

Mary Cordero (tabled 8/25/03)

D/b/a Maria's Insurance Agency

793 Broad St.

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

Councilman Noury	yes
Councilman Patino	yes
Councilman Leger	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

B) General License-new

Mario & Norma Castillo

D/b/a 901 Broad St.

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

Councilman Leger	yes
Councilman Patino	yes
Councilman Noury	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

C) Retail Sales - (new) tabled 8/25/03

Roberto B. Olivares

582 Dexter St.

Motion to remove from the table was made by Councilman Noury and seconded by Councilman Leger. All Agreed. So Voted.

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

Councilman Noury	yes
Councilman Leger	yes
Councilman Patino	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

D) Class A Restaurant (new)

Lina Galeano

D/b/a Cositas Ricas

48 Cross St.

Motion to approve amending the hours to midnight closing was made by Councilman Noury and seconded by Councilman Patino.

Councilman Noury	yes
Councilman Leger	yes
Councilman Patino	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

E) Peddler License

Domenico Africo

D/b/a Domenick's Frozen Lemonade

12 Verdi St. N. Providence

Councilman Patino stated that he would like to see Mr. Africo, he stated that his constituents complain that the music on the truck is too loud and that they stay too long in one area playing the same tune over and over.

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

F) Second Hand License (new)

Kenneth R. Card

D/b/a Straight Line Used Furniture

501 Roosevelt Ave.

Public Hearing opened. No comments. Public Hearing closed.

Mr. Dumont commented on the location and the door for egress.

Mr. Card explained the work in progress relative to the door as well as parking.

Mr. Dumont commented on the stipulations made with regards to approving this license.

Councilman Noury asked about the address.

Mr. Wilkie explained that the address could be changed to Cross Street.

Motion to approve subject to the stipulations addressed by Code Enforcement was made by Councilman Leger and seconded by Councilman Noury.

Councilman Noury	yes
Councilman Leger	yes
Councilman Patino	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

Council President Weber recessed the meeting at 7:50 p.m. reconvened at 8:02 p.m.

9B. Permits

PARADE

Association Libre Mexicana de Rhode Island

765 Broad St.

Maderia Ave-Broad St.-Sept. 13, 2003

The applicant explained the Parade route.

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

Councilman Noury	yes
Councilman Leger	yes
Councilman Patino	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

Carnaval

E.T. Lefebvre Post

416 Hunt St.

Carnival-October 1-5

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

Councilman Leger	yes
Councilman Patino	yes
Councilman Noury	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

10. Petition to Address the Council

Robert Ferri

192 Cottage St

Naming a playground after the late Leo Labossiere.

Mr. Ferri addressed the Council on the issue of name a playground on Leo Labossiere, a devoted teacher, sportsman, former recreation director and head of the athletic department at the High School. He commented on his many accomplishments and stated that Mr. Labossiere is well deserving of having such a facility named in his honor.

Councilman Noury commented on Mr. Labossiere's career.

Council President Weber stated that he would ask the Recreation Director to make a recommendation.

The Council was in agreement that Mr. Labossiere should have a recreational facility named in his honor.

Council President Weber thanked Mr. Ferri for bringing this issue before the Council.

11. Abatements

See List

Mr. Wilkie was present to answer questions.

Councilman Noury questioned Mr. Wilkie regarding the Non-utilization tax.

Mr. Wilkie explained the purpose of the tax.

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

Councilman Noury	yes
Councilman Leger	yes
Councilman Patino	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

12. Petition

Narragansett Electric Co. & Verizon-re-locate Pole 96 10' south of its present location Broad Street.

Motion to approve on the recommendation of the Public Works Director was made by

Councilman Leger and seconded by Councilman Patino and Councilman Noury.

Councilman Noury	yes
Councilman Leger	yes
Councilman Patino	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 1 absent.

13. Contract

Central Falls Fraternal Order of Police Lodge #2

Contract Agreement 7/1/2003-6/30/2006

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

Councilman Leger	yes
Councilman Patino	yes
Councilman Noury	yes
Councilman Weber	yes

Motion carried 4 yes 0 no 0 absent.

14. Hearings

Hector Solis

D/b/a Mufflers Unlimited

763 High St.

(license suspended 8/25/03 to Sept.8, 2003 pending re-inspection on 9/8/03 by Chief Coutu and George Dumont)

Chief Coutu commented on the fire violations that still need to be addressed.

He stated that some works has been done but that the building is not in compliance.

Mr. Solis stated that he has been in contact with an electrician regarding the alarm. He stated that JB Electric Co. would start the work in about 5 weeks. He also stated that he is working on cleaning the shop.

Chief Coutu stated that Mr. Solis did apply to the state and that appeals are taking 6 to 7 months.

Mr. Dumont presented photographs and explained each in detail.

Council President Weber commented that he also attended this inspection with the Chief and Mr. Dumont.

Mr. Solis stated that since the last time he was before the Council he has removed a few things and that he will need to hire a carpenter to do some of the work. He also stated that he would be moving things out of the building.

Councilman Noury asked Mr. Solis if he felt that he was working in co-operation with the City and he asked if that is the case why did he deny Mr. Dumont access to the 3^rd floor.

Councilman Leger questioned Mr. Solis.

Councilman Noury asked Mr. Solis if he had done any business since his license was suspended.

Mr. Solis responded that the Council suspended the license for the shop but that he also has a license from the State. He said that he hasn't repaired any vehicles.

Chief Wilson commented that he has contacted the State and they sent a list of inspections conducted by Mr. Solis since his license suspension. He presented the Council with a list of inspections that took place during the suspension. He stated that Mr. Mario Faria of the Rhode Island Department of Transportation prepared a list of 26 inspections done at that business since the suspension.

Councilman Leger asked if the date and time listed on each is accurate. Chief Wilson responded that they are correct.

Matthew Oliverio stated that in his opinion when the Council suspends a license all other business activities at that location are also suspended.

Councilman Leger asked Chief Wilson if the City doesn't allow operation of business would the state also suspend the inspection certificate.

Chief Wilson responded that the State is awaiting the Council's action on this matter.

Councilman Patino stated to Mr. Solis that the suspension of license meant that no business activity should take place and that if he didn't like the decision of the Council at that time then he could appeal the decision.

Council President Weber stated that it is very disturbing to find out that Mr. Solis continued to operate after the suspension.

Motion was made by Councilman Noury to revoke the License of Mufflers Unlimited.

Motion seconded by Councilman Leger.

Councilman Patino commented.

Councilman Leger commented.

Councilman Noury stated that Mr. Solis has been repeatedly asked to be a good neighbor and that he has not been a good neighbor. He also stated that he would not withdraw his motion to revoke.

Councilman Noury	yes to revoke
Councilman Leger	yes to revoke
Councilman Patino	no
Councilman Weber	yes to revoke

Motion to revoke license carried 3 yes 1 no 1 absent.

Council President Weber told Mr. Solis that he is not to conduct any business at that location.

He also stated that if he cleans up the violations he is welcome to petition the Council for a new license. He also stated that he has a right to appeal the decision of the Council in Court.

Auto Repair License

Angel Molina

D/b/a New Tech Auto Repair

38 Central Street (rear)

Cease & Desist & show cause summons

Angel Molina d/b/a New Tech

Mr. Sergio & James Gomes

Mr. Molina and Mr. Gomes were present.

Mr. Molina commented on his 1996 court ordered stay.

Mr. Jean Racquier of 33 Cross Street commented on the Zoning variance and related that the Decision stated that all work was to be done inside with the door closed. He stated that this business has not complied with the Zoning decision.

He commented that the use of air tools is very loud and disturbing to the neighborhood.

Council President Weber asked Mr. Molina if he wanted an Attorney to represent him before the Council made any decision.

Mr. Molina stated that it would be better if he had an Attorney.

Motion to table was made by Councilman Noury and seconded by Councilman Leger.

All Agreed. So Voted. This matter is tabled to September 22, 2003 at 5:00 pm

15. Public Comments

Mayor Matthews commented on the Council's decision to reject Mr. Ragosta's appointment as City Solicitor. He stated that the Council did not check to see if Mr. Ragosta would be available to attend this meeting. He stated that he would submit this name again. He also commented that the Council constantly reminds him that he violates the Charter. He pointed out that the Council also violated the Charter as provided for in Section 2-204 which states that ordinances must be read in the entirety.

16. Unfinished Business

Jenks Park-Special Event Permits

Council President Weber commented on the permits for the use of Public Property and stated that Councilman Patino and the City Clerk would work together to create a suitable permit application for Jenks Park and other public facilities.

Councilman Leger commented on the appointment of the City Solicitor and stated that the Council would like a person that will be there when needed.

Council President Weber commented on the need for a Charter Review. He also commented on licensing issues.

Without objection Councilman Patino asked that the Council act on a Resolution of Condolence to the family of the late Margaret Kelley.

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

17. New Business

Council President Weber commented on the motorized scooters and mopeds that youngsters are riding around in the City. He stated that he would like legal to look into an ordinance prohibiting their use on City streets.

18. Adjourn

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

All Agreed. So Voted. Time 9:25 p.m.

Elizabeth A. Crowley, CMC

City Clerk