City of Central Falls
City Council Meeting
City Hall Council Chambers
Web Address: www.centralfallsri.us
MONDAY
March 15, 2004
6:00 p.m.
A meeting of the Central Falls City Council was held on the above date in the City Hall Council Chambers at 6:00 p.m.
Council Members present:
Councilman Agostinho Silva
Councilman Jason R. Leger
Councilman Ricardo Patino
Councilman William Benson, Jr.
Council President Robert F. Weber, Jr.
Quorum Present
Council President Robert F. Weber presided and led the assembly in the Pledge of Allegiance.
1. Town of Bristol; re: Support for Healthy Cat Rooms at Municipal Animal Shelters.
2. Jean Paul Gazaille & family note of thanks.
Motion to accept and place on file was made by Councilman Benson and seconded by Councilman Patino. All Agreed. So Voted.
1. Office of Code Enforcement February 2004
Motion to accept and place on file was made by Councilman Leger and seconded by Councilman Patino. All Agreed. So Voted.
None
A) Tat Sum Kong
d/b/a China House
555 Dexter St.
Open after Hours
Represented by Attorney G. Laliberte
Raymond P. Cooney, City Solicitor (for the City)
Council President Weber: Madam Clerk please read.
City Clerk Crowley:
Tat Sum Kong
d/b/a China House
555 Dexter Street
Open after Hours.
Council President Weber: Are the parties present? Mr. Solicitor if you could run through the motions as to how we are going to conduct this and then we'll begin.
City Solicitor Cooney: Sure, I believe the Chief of Police, Thomas Wilson will testify. I'll ask him some questions about some reports that have been filed, he'll answer them and then brother counsel can question the Chief about those reports. After, that Mr. Laliberte can put on any witnesses that he has and then after that the Council can discuss it and make recommendations. Keeping in mind that at any point if the Council has questions they are perfectly entitled to ask questions of any of the parties that are up there testifying.
Council President Weber: You'll swear in any witnesses?
Solicitor Cooney: Yes, I'll swear in anybody that testifies.
Council President Weber: Thank you, we're all present? We can begin at this time?
Solicitor Cooney: Okay.
Council President Weber: Okay.
Solicitor Cooney: I'll ask Chief Thomas Wilson to take the stand. Raise your right hand. Do you solemnly swear that the testimony that you are about to give in the matter now in hearing be the truth, the whole truth, and nothing but the truth so help you God?
Chief Wilson: I do.
Solicitor Cooney: State you name for the record.
Chief Wilson: Thomas K. Wilson.
Solicitor Cooney: And you’re the Chief of Police?
Chief Wilson: Correct.
Solicitor Cooney: How long have you been the Chief of Police?
Chief Wilson: Little over a year.
Solicitor Cooney: I draw your attention to an establishment called the China House Restaurant at 553 Dexter Street, Central Falls. You have reports that indicate that this establishment has operated improperly?
Chief Wilson: Yes I do.
Solicitor Cooney: And would you state in the first report that you have what was going on there?
Chief Wilson: Sure, on February 8, 2004 at approximately 1:15 a.m. Sergeant Sullivan noticed that the establishment was still open for business and that customers at the 1:15 a.m. to 1:30 a.m. time frame had walked in and placed orders. The Sergeant walked into the establishment and questioned the female clerk on duty who misidentified himself to the Sergeant. He advised her that the establishment needed to be closed. While he was there other people were coming in to gain entry he told them they were closed for business for that particular night. During that same night he later stopped the clerk who left the establishment and demanded her driver's license from her at that time. He did get the correct identity. Besides this, we have been to this establishment well, in this year alone, we've had four calls there, however, in 2003 we responded there 22 times and most of these are for nuisance issues, disturbances, fights, loud parties, loitering; those types of things.
Solicitor Cooney: Chief, getting back to this first, so this person who worked refused to identify herself?
Chief Wilson: She identified herself as, I'm not sure, it's in the report here as EME EONG. She was later identified as Lin Cui Ping date of birth 5/1/72-157 Cross Street.
Solicitor Cooney: And did you ever find out what her connection was to that establishment?
Chief Wilson: I don't know her connection management wise.
Solicitor Cooney: And, are you aware of any other incidents of the establishment being after hours?
Chief Wilson: No, this is the only one we have.
Solicitor Cooney: Chief, so there are 22 responses in 2003 to this establishment?
Chief Wilson: Yes, 22 in 2003 and 4 calls in 2004.
Solicitor Cooney: So far this year?
Chief Wilson: So far this year.
Solicitor Cooney: And Chief do you have any sort of a recommendation as to what you should think should happen to this establishment under these circumstances?
Chief Wilson: Well, it's problematic, when the officer goes in there and has an employee miss-identify herself to him for whatever reason. And I'm just presenting the facts here and certainly that will be for the Council.
Solicitor Cooney: Thank-you.
Councilman Leger: Mr. Chairman?
Council President Weber: Go ahead Councilman.
Councilman Leger: Chief, Maybe this was before you were here but maybe the Clerk has the documents but I know for a fact that the establishment has been (whatever the word is) suspended for after hours at least 2 or 3 times at least for the past four years since I've been on the Council.
Council President Weber: Two cases in 2002.
(pause, reviewing documents)
Councilman Leger: Got one on 8/17/02, one at 8/5/2000, and one at 10/7/2000.
Solicitor Cooney: Chief are you aware of those reports?
Chief Wilson: I did not review those reports.
Attorney Laliberte: Excuse me Councilman Leger are those suspensions?
Councilman Leger: No, these are all three incidents where the business was open after hours and the police reported to the scene and they were suspended, I believe Betty, they were suspended a week for after hours?
City Clerk Crowley: Yes, I think that was the last.
Solicitor Cooney: Do you mind identifying those documents.
Chief Wilson: Yes, these are police documents. One back in the year 2000 in reference to serving after hours and it was dated 10/7/2000 there's also one dated 8//2000 again for being open after hours and the last one is dated 8/17/02 again for serving after hours.
Solicitor Cooney: And these are official copies of Police Reports, there's no doubt in your mind?
Chief Wilson: These are official Police reports.
Solicitor Cooney: And this place has already been suspend once for a week, is that correct?
Council President Weber: That's correct.
Solicitor Cooney: If the Council has no further questions I'll ask Mr. Laliberte if he has any questions.
Attorney Laliberte: Chief, you said there were 22 calls in the year 2003.
Chief Wilson: Correct.
Attorney Laliberte: Do you have those reports available?
Chief Wilson: Yes, I have a printout of the calls that went there now, I backed out things like motor vehicle violations that occurred, these are calls to the establishment and certainly we can make copies of this.
Attorney Laliberte: Okay, because I haven't seen them but anyways that would mean calls that were in the area?
Chief Wilson: No, No these are calls to the establishment.
Attorney Laliberte: I would like an opportunity to see these reports.
City Clerk Crowley dispensed reports.
Attorney Laliberte: Have you reviewed these particular 22 reports?
Chief Wilson: I reviewed the entries on our log here for instance, I'm not sure which page you have there but if it starts with call #03328 it shows a disturbance and a fight to the location of China House, 555 Dexter Street; Suspicious person, 555 Dexter; simple assault, 555 Dexter and it'll go on like that. The other things like motor vehicle violations I didn't include those.
Attorney Laliberte: And did these particular incidents take place in the establishment?
Chief Wilson: In or at the establishment, inside or outside the establishment, yes.
Attorney Laliberte: Now, there's a parking lot right on the side, the Municipal parking lot, is that fair to say?
Chief Wilson: Yes.
Attorney Laliberte: Okay, so if there was an incident that took place in the parking lot would that be attributed to the establishment?
Chief Wilson: Not necessarily, no.
Attorney Laliberte: But there is no way we can tell, from this print out, is that fair to say?
Chief Wilson: Well, I think it speaks for itself. If it was in a parking lot, there'd be an entry in there that the incident occurred in the parking lot.
Attorney Laliberte: Well, there's other businesses in the area is that fair to say?
Chief Wilson: Yes, there is.
Attorney Laliberte: Like, for instance there's another restaurant that is in close proximity and there's a liquor store that's right on the side of it.
Chief Wilson: Right.
Attorney Laliberte would those incidents isn't it possible that any of these incidents could have generated from any of these other businesses?
Chief Wilson: I don't think so, not if we have down there to the address of 555 Dexter Street.
Attorney Laliberte: Could a fight have spilled over to that location?
Chief Wilson: Sure.
Attorney Laliberte: There's no real way to prove that is that fair to say?
Chief Wilson: Well, I suppose we could get all the reports and look at the narratives on each and find out the history on each one sure.
Attorney Laliberte: But, in terms of being open after hours these 4 incidents only is that fair to say?
Chief Wilson: Yes, the three previous ones and this latest one in 2004.
Attorney Laliberte: Now in terms of the. How would you characterize the area that surrounds 555 Dexter Street in the City of Central Falls in terms of late night activity? Would that be an area that receives the most calls would you say?
Chief Wilson: No, I wouldn't characterize it that way, no.
Attorney Laliberte: How would you characterize it?
Chief Wilson: That receives calls. We get demands for services across that area as well as everywhere else in the City. Is that one particular area that we get more calls than another that'd be difficult to say, we could try to get that information but to say just on Dexter Street would not be true.
Attorney Laliberte: I have nothing further.
Solicitor Cooney: Thank You Chief. That is all the City has to present to the Council. If Mr. Laliberte has any more testimony?
Attorney Laliberte: We really don't have any testimony. Our version of the facts on February 8th is that the owner, who is standing to my right, who is the license holder, was out of town that particular evening, night, morning and his wife was in charge of the restaurant at that time. And our version of the facts is some people came in late, ordered food, his wife asked them to leave at the designated time and that they took their time. They didn't leave as requested by the owner's wife and that prior to their leaving apparently the police arrived. I know nothing about any of these other incidents. I wasn't provided with any police reports of these other incidents.
Council President Weber: Can you state why the female gave the wrong identity to the police officer?
Attorney Laliberte conferred with his Client.
Attorney Laliberte: Apparently there's a little problem with the English language.
Council President Weber: There's a problem inside the establishment but not outside the establishment when he stopped her in her car? Cause that's when she produced the ID and said this is who I am.
Attorney Laliberte: Well, I don't know I wasn't there.
Council President Weber: Does he know the individual?
Attorney Laliberte: Yes, that's his wife.
Council President Weber: That's his wife? That gave the false name and then gave the proper name? That Judge, excuse me Mr. Laliberte, I'd like to have that answered to say they didn't understand, I.
(Conversation between interpreter and Mr. Kong)
Attorney Laliberte: Okay she had her identification, maybe the officer didn't understand; apparently she told the officer her name in the establishment but later produced identification. There might have been some confusion. I don't think there was any intention.
Council President Weber: I'd be more than willing to say yea, okay, I understand.
Attorney Laliberte: The question is why.
Council President Weber: Understand, Okay and I'd be more than willing to say you know what mistakes happen but this is not the first time the establishment has been open after hours. This is around the third or fourth time and the second time or 3rd time they have been before this Council. The first time I think we gave them a warning, the second time a week suspension and they still. And they actually after that came to us and wanted to say open even later.
Attorney Laliberte: Correct.
Council President Weber: And that was denied and they still, they flaunt by staying open after hours. The officer states that individuals went in after 1:00 am-1:15am as a matter of fact. He's saying that they were there and didn't leave. The officer states they went in after the closing hour not before, after. And your testimony to me, your statement to me is that kind of they were already there and ordered and they didn't leave promptly.
Attorney Laliberte: I think the problem is that nobody that was there that night testified. So we really you know, the Chief, with all due respect, the Chief wasn't there.
Council President Weber: Right, but we have the Officer's report in front of us.
Attorney Laliberte: I didn't see that, I didn't even get that from the court to tell the truth. (asked to see the report)
Council President Weber: By all means you haven't seen the written report?
Councilman Leger: My concern, and I'll give it to you after, ( talking about the report in his hand) but if that was the case that the story is that she asked them to leave and they refused to leave, then why would the officer come into the building and the people are still there at that point? She didn't say to him, I can't get them out can you help me. My other concern is that, and I don't speak Chinese, or whatever language it is, but the name EME EONG looks like EME EONG that doesn't sound like Lin Cui Ping so I don't see where the confusion is that's like Smith and Jones. I don't think you could misunderstand those two names one name has three words and the other name has two names. So I'm not sure what the intent of what the clerk was trying to accomplish by lying to the Officer and now this story comes from no where that's not even on the Police report and the officer left the building and the people are still in the business so. It just seems to me the story doesn't really make a lot of sense. But if you want to look at that. (report handed to Attorney Laliberte)
(pause) Attorney Laliberte reviewed police report and conferred with clients.
Attorney Laliberte: We're not disputing the fact that people were in there after hours. Our version of the facts were that there were people who came in that were served food, in the establishment, that didn't leave.
Council President Weber: I'm kind of confused.
Attorney Laliberte: Right, What we will do in the future is through the owner himself he will be there and what we're going to do. I talked with him earlier this evening. I didn't know about any of the problems.
Council President Weber: In the past we've told them to turn their light off at 12:45 p.m. to accept the last few people in and that's it. The situation right now is are they pleading or are they not? Are they saying you caught us in the wrong?
Attorney Laliberte: No, No, No we're just saying.
Council President Weber: They're not? Okay.
Attorney Laliberte: No, we're just saying that we're planning in the future, in fact, what I suggested is that 15 minutes before closing they not accept any more business. At that point asking people to exit in time to exit the facility and to give them time to clean up before closing and they're willing to do that and the owner and there's no reason to be out of town in the future.
Council President Weber: The question is does he admit guilt to being open after hours.
Attorney Laliberte: Yes, we are willing to submit to the fact that there were people in the establishment after 1:00 a.m. on that particular day.
Council President Weber: Thank you. Council have you any questions?
Councilman Patino: I have more questions here. Who is Fai Yeung?
Mr. Kong: Fai Yeung?
Councilman Patino: Yes, that is the question. Fai Yeung was the previous owner but you never came to say you were the new owner.
(pause)
Council President Weber reviewed the application and commented to the City Clerk.
Council President Weber: 2 applications this is last year's application and this is this year's is this him? (directed question to Attorney Laliberte who reviewed the 2 applications)
Mr. Kong responded yes.
Council President Weber: They never transferred the license. This is another issue for another time. They need to see the Clerk with that. Councilman do you have any other questions? I understand your concerns we can fix that after.
Councilman Patino: My question is why; when the people were there she asked them to leave didn't she call the police?
Attorney Laliberte: Apparently on a previous occasion they called the police for that particular reason.
Council President Weber: They didn't get there on time?
Attorney Laliberte: They were just talking about 1:00 am that's not a lot of response time for anybody.
Council President Weber: There could be many other things happening in the City.
Attorney Laliberte: There. I think a problem with.
Council President Weber: Communications? Anything else Councilman?
Councilman Patino: No, not now.
Council President Weber: Mr. Solicitor do you have any questions?
Solicitor Cooney: Thank you, no the City rests.
Council President Weber: Thank you, Council members you've heard the testimony from both sides. Both the Chief and the representative of China House. Representatives from China House have in fact stated that they were open after hours; I just want to use your words carefully. (addressing Attorney Laliberte).
You said they were serving; they had people in the establishment after hours, correct? And that’s what they agreed to.
Councilman Leger: Mr. Chairman?
Council President Weber: Councilman Leger?
Councilman Leger: Are we under discussion with the Council at this point?
Council President Weber: Yes, we are, I just wanted to clarify the wording.
Councilman Leger: The only concern I had, and this has nothing to do with Mr. Laliberte, because he wasn't here the last occasions but out of everybody here I'm the only one that was here all four of those incidents and each time they came, If I remember correctly, and myself, former Councilwoman Canavan and Councilman Noury, all said to them you should close as 12:30; you should close at 12:30, yep we're going to do that, yep, we're going to do that, this is the fourth time I've heard, yep we're going to do that. So what makes me think it's going to change at all? I don't. It's continued to be a problem. These are 4 situations that they got caught. There's been situations where we've heard from people that the Police didn't have a police report or we've had officers come before us and say, well I saw them open, but I kinda just told them to lets close and lets move on. Regardless of the language barrier, unfortunately, that's not really our concern at this point, our concern is that if our officers have to respond to close a restaurant down after hours that's taking the officer off the street and away from something to me more important than dealing with somebody that can't seem to follow the rules. So, and I think the other Council members should take that into consideration, because I know that some of you weren't here when the other issues happened.
Councilman Patino: Mr. President?
Council President Weber: Councilman Patino?
Councilman Patino: I do, being in my ward, I do think this establishment has been a nuisance. Last year I remember he was here and he agreed to close at 12:45 we gave him about a week's suspension and I don't know what the problem. I know that he's not willing to comply with the law. I really think that my neighborhood is really getting tired of this problem. Not only that the cleaning inside and outside of the place and I went to the restaurant and I asked him to at least clean the windows. I know that this is not the issue we're discussing tonight but the Department of Health is taking care of this. I am going to recommend to close this establishment for 2 weeks. If it ever happens again, close forever.
Council President Weber: Are you making that in the form of a motion Councilman?
Councilman Patino: Motion to close this establishment for 2 weeks.
Council President Weber: What dates?
Councilman Patino: Starting.
Council President Weber: Can you make some recommendations Mr. Cooney?
Solicitor Cooney: I don't have my calendar with me but I do believe that they have a 10 day Appeal period. So.
Councilman Leger: A week from Friday is the 26th.
Councilman Patino: Friday the 26th of March, I will day starting on the 26th through April.
Councilman Leger: First?
Council President Weber: He stated two weeks.
Councilman Leger: April 8th.
Council President Weber: We have a motion on the floor to suspend the operation of China House Restaurant from 26 March through April 8th. Is there a second?
Councilman Leger: Second for discussion.
Council President Weber: We have a second by Councilman Leger for discussion. Under discussion. Councilman Silva?
Councilman Silva: We're always looking to attract business into the City and some of the older businesses should already know the rules and regulations of the City and should abide by them. At some time these businesses have to take responsibility for their workers, the patrons in the building and stop blaming other people. The Police come out and report to these establishments every time there are issues because of closing and there are more important things for them to deal with. So they really need to take some responsibility for what they're doing if they really want to continue doing business in the City of Central Falls.
Council President Weber: Any one else have any comments. I'll just say that I agree with what you're saying Councilman and I'll just add most businesses comply. What their licenses state and they do it all the time. They don't think about it, they just do it period. We've had a few businesses before us recently and each time we warned them. You've already had your warning, years ago. You were already suspended for a week. Why you don't insist your business being closed whether in town or not is beyond me. It's your livelihood why you can't make sure they follow the rules. I'm not going to stand out in front of your establishment. I don't expect the Police should have to tell you when to close down either. It's your business. That your door should be locked at 12:59 a.m. without question. They should be out of there in a reasonable amount of time that it takes them to clean the establishment. To have an officer telling you that they're walking in the door after the 1:00 am closing time. Shame on you. Now, Councilman Patino is correct in asking for a two week suspension. I would have supported a 30 day suspension at this point in time. So, maybe you're fortunate that you're only going to get a two week. You need to follow the rules. The rules are in place both for your good and the good of the City of Central Falls.
Councilman Benson: I'd like to see the license in place and the place to be cleaned up before they re-open.
Council President Weber: The license in place? What the license isn't on the wall?
Councilman Benson: He never transferred the license to his name.
Council President Weber: That's an issue in the Clerk's Office. It appears there is a miss Q in the Office. I'm not going to fault him with that at this time. But he needs to clear that up with the clerk. But understand Councilman that 2 weeks from now it should be corrected. 3 weeks it should be corrected at least to the Clerk's satisfaction. And I would look into it and as far as cleaning the establishment, he'll have a couple of weeks to do that. Any further comments? Hearing none. Madam Clerk roll call.
City Clerk Crowley:
| Councilman Patino | yes |
| Councilman Leger | yes |
| Councilman Silva | yes |
| Councilman Benson | yes |
| Councilman Weber | yes |
Motion carries 5 yes 0 no 0 absent.
Council President Weber: Notify the Police Department. You know the Chief's here as to when the suspension is to take affect. Thank You.
B) Lola Araujo
d/b/a Bladez Barber Shop
726 Dexter Street
Allowing the business to be used to facilitate trafficking & use of narcotics.
Represented by Attorney J. Cicilline
Chief Wilson was sworn in by the Solicitor.
Solicitor Cooney questioned the Chief on the number of people around the establishment.
Chief Wilson commented on the number and stated that there were a number of people that were identified by undercover police as being of a criminal nature. He stated that the Police have responded to the establishment with well over 200 calls being made in and around the establishment.
Attorney Cicilline questioned the Chief.
Sgt. Guindon was sworn in by Solicitor Cooney.
Sgt. Guindon stated that he is a thirteen year member of the Central Falls Police Department and that he is a Detective Sergeant in charge of narcotics.
Sgt. Guindon gave an overview of the arrest made relative to drug activity as it related to the business in question.
Attorney Cicilline questioned Sgt. Guindon regarding the establishment.
Sgt. Guindon stated that the investigation began in September 2002 and that DEA opened their investigation around November 2002. He explained that there were several targets inside and outside the establishment and that there were certain patrons that frequented the establishment that were known to both the City PD and DEA to be known drug dealers. He further explained that another investigation was begun by Detective Carroll of the CFPD. He stated that this investigation led to narcotics being sold at 53 Clifton Street, the residence of the owner of Bladez, as well as at the establishment.
Meeting recessed at 7:21 p.m.
Meeting reconvened at 7:26 p.m.
Jamie Echeverri of 53 Clifton St. was sworn in by Solicitor Cooney.
Attorney Cicilline questioned Mr. Echeverri regarding his role in the barbershop.
Mr. Echeverri stated that he is the son of the owner and that he works at the barbershop.
Attorney Cicilline asked who Mr. William Thomas is relative to the barbershop.
Mr. Echeverri stated that he is the registered barber.
Discussion ensued.
Councilman Leger questioned the representative from Bladez.
Council President Weber questioned Mr. Echeverri.
Council President Weber relinquished the chair to President Pro Tempore Leger.
Motion to revoke the license of Bladez Barbershop was made by Councilman Weber and seconded by Councilman Silva.
Councilman Weber stated to the representatives of Bladez that is was just a week earlier when they had both Bladez Barbershop and Upper Cuts before the Council. He warned them then to clean up the establishments and that the Council would not tolerate any further disturbances from either of those shops.
| Councilman Silva | yes |
| Councilman Weber | yes |
| Councilman Benson | yes |
| Councilman Patino | yes |
| Councilman Leger | yes |
Motion carried 5 yes 0 no 0 absent.
Resolution congratulating the Central Falls High School Students for their victory in the "We the People Contest." Council President Robert F. Weber, Jr.
Motion to approve was made by Councilman Leger and seconded by Councilman Patino.
All Agreed. So Voted.
none
Waterfalls Car Wash - Status of License (unpaid taxes)
John Kuzmiski commented on the status of the taxes relative to this business.
He gave a brief overview of the account dating back to and agreement made in December 2002.
Councilman Leger questioned the Finance Director.
Motion was made by Councilman Benson and seconded by Councilman Patino to summons Waterfalls Car Wash to a hearing before the Council for the April 12, 2004 meeting.
All Agreed. So voted.
none
none
Motion to adjourn was made by Councilman Benson and seconded by Councilman Silva.
All Agreed. So Voted. Time 7:50 p.m.
___________________________________
Elizabeth A. Crowley, CMC
City Clerk