November 8, 2004 - City Council Meeting

 

City of Central Falls

City Council Meeting

City Hall Council Chambers

Web Address: www.centralfallsri.us

MONDAY, November 8, 2004

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 6:45pm.

 

1.  Roll Call

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

 

Quorum present.

 

Mayor Moreau was not present at this meeting.

 

John Gannon, Esq.

 

2.  Pledge of Allegiance

 

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

 

3.  Minutes

 

August 31, 2004

October 25, 2004

 

Motion to accept and place on file collectively made by Councilman Leger, seconded by Councilman Silva and Benson.

All Agreed. So voted.

 

4.  Correspondences

 

1.  Johanne P. Washington, Executive Director RI Veterans Action Center: Re: Sponsorship

2.  Town of Richmond: Re: Open Space Bond

3.  Statewide Planning Re: Transportation Improvement Program

4.  Auditor General re: Municipal Audits

 

Motion to accept and place on file collectively made by Councilman Leger, seconded by Councilman Silva .

All Agreed. So voted.

 

5.  City Officers Reports

 

1.  City Clerk's Report October 2004

2.  Recreation Department October 2004

3.  Code Enforcement

4.  Expenditures Report October 2004 unaudited

 

Motion to accept and place on file collectively made by Councilman Leger, seconded by Councilman Benson .

All Agreed. So voted.

 

6.  Department Head Report

 

1.  Anthony Tager, Recreation Director

 

Tony gave an overall view of the programs available through recreation also spoke of the Ralph J. Holden Community Center.  He also spoke of registrations and fees.

 

2.  Elizabeth A. Crowley, CMC- City Clerk/Purchasing Agent

 

Do to an illness she could not be present to give a report.  Council asked it to be put on next agenda.

 

3.  Rene Coutu, Chief CFFD-Report on Fire Code related to Licenses

 

Chief Coutu was present and gave an overall report and gave each of them an update written report of how the inspection for licenses were done and what the status is with the state.

 

He also stated that the state Fire Marshall has also done 10 spot check inspection and those ten were passed.

 

Some people may have some modification, like they may be permitted to only use a portion of the establishment until it is up to code. Councilman Patino asked Chief Coutu that was it correct that he did not have any problem in having them approve these  license.

 

Chief Coutu said he did not have a problem.  By Nov. 30, if they did not comply he would then address the Council.

 

7.  Mayor's Comments

 

Mayor Moreau was not present.

 

8.  Mayor's Appointments

 

Board of Canvassers

 

Louis J. Paquette, Jr.

54 Tucker St.

Term to Expire: 3/1/09

 

Mr. Paquette was not present.

 

Motion to approve made by Councilman Leger, seconded by Councilman Benson .

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All Agreed. So voted.

 

Zoning Board of Review

 

Patricia Marrapese

91 Moore Street

 

Motion to approve made by Councilman Leger, seconded by Councilman Benson .

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All Agreed. So voted.

 

John Gannon Swore in Patricia Marrapese.

 

9.  Licenses

 

Class C Variety Store(new)

 

Claudia Guzman

d/b/a Kokoriko

75-81 Cleveland St.

 

Ms. Guzman was present.  Councilman Benson asked for this to be tabled. Continued to Nov 22, 2004.

 

Councilman Benson enter this in a form of a motion to table this matter, seconded by Councilman Silva.

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All Agreed. So voted.

 

At this time the President Weber asked for a 5 minute recess, so Councilman Benson could speak to Ms. Guzman.

 

Meeting called back to order at 7:15pm

 

General Service License (new)

 

1.         Pedro Mendoza

d/b/a Advan-Tax

625 Roosevelt Ave.

 

Councilman Weber asked if the Council had any questions.  There were no questions.

 

Motion to approve made by Councilman Silva, seconded by Councilman Patino .

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All Agreed. So voted.

 

2.         Charles Cooper

d/b/a Priority Financial

858 Dexter St.

 

Charles Cooper was present.

 

This address was incorrectly listed on the Agenda, it should have showed that it was at 868 Dexter St.

 

Councilman Patino asked if two businesses would be at the same place, it that was correct.

 

Motion to approve by Councilman Patino, seconded by Councilman Leger.

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All Agreed. So voted.

 

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All Agreed. So voted.

 

3.         Fernanco DeDebreto

d/b/a Tropical Employment Agency

868 Dexter St.

 

The record was corrected to say Fernando DeDebreto, and he was present .

 

Motion to approve by Councilman Patino, seconded by Councilman Benson.

 

Councilman Silva

yes

Councilman Leger

abstained

Councilman Patino

yes

Councilman Benson

yes

Councilman Weber

yes

 

4 yes 1 abstained.  Motion carries.  Approved.

 

Retail Sales

 

1.         Joseph Acosta

d/b/a KC & D Fashions

437 B Dexter St.

 

Mr. Acosta was present and stated his name and and of 152 Broad St. Pawt. as his residence.

 

Councilman Weber asked some questions.

 

Motion to approve made by Councilman Patino, seconded by Councilman Benson.

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All Agreed. So voted.

 

2.         Idalina Martins

d/b/a Blackstone Bridal & Lisban Flowers

635 Roosevelt Ave.

 

The applicant was not present.

 

Motion to approve made by Councilman Leger, seconded by Councilman Benson and Silva.

 

Councilman Silva

Yes

Councilman Leger

Yes

Councilman Patino

No

Councilman Benson

Yes

Councilman Weber

Yes

 

4 yes 1 no. Motion carries. Approved.

 

Constable Licenses

 

John T. Gannon, Esq. Assistant City Solicitor

Raymond P. Cooney, City Solicitor

 

Motion to approve made by Councilman Benson, seconded by Councilman Silva.

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All agreed. So voted.

 

10.  License Renewals (2005) - See Lists

 

Class A Restaurant

 

License holders who applied were read aloud into the record.

Motion to approve made by Councilman Patino collectively, seconded by Councilman Silva.

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All agreed. So voted.

 

Class B Victualling

 

Councilman Leger questioned the Law Department on the status of Destiny’s Establishment Licenses.

 

Councilman Leger asked that any license that pertains to Good Friends, Splash be taken off the list to act on individually. All agreed.

 

Motion by Councilman Silva, seconded by Councilman Leger.

 

Councilman Silva

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber

All agreed. So voted.

 

Good Friends, d/b/a Splash Bar 548 Lonsdale Ave. Victualling License.

 

Councilman Weber asked what the pleasure of the Council was.

 

Motion to approve made by Councilman Benson. Seconded by Councilman Patino.

Councilman Leger stated that he promised that he would never again approve this license and he is keeping his promise.

 

Councilman Silva

abstained.

Councilman Leger

No

Councilman Patino

yes

Councilman Benson

yes

Councilman Weber

yes

 

Motion carries.

 

Class C

 

Councilman Weber read the list.

 

Motion made by Councilman Leger to approve collectively, seconded Councilman Silva, Patino and Benson.

 

Councilman Silva

abstained.

Councilman Leger

No

Councilman Patino

yes

Councilman Benson

yes

Councilman Weber

yes

 

Motion carries.

 

Caterer

 

Councilman Weber read the list.

 

Motion to approve collectively made by Councilman Benson, seconded by Councilman Silva.

 

Councilman Silva   

Councilman Leger 

Councilman Patino 

Councilman Benson

Councilman Weber

All agreed. Motion carries.

 

Entertainment

 

Councilman Weber read the list.

Motion to approve collectively by Councilman Leger, seconded  by Councilman Silva.

 

Councilman Silva   

Councilman Leger 

Councilman Patino 

Councilman Benson

Councilman Weber

All agreed. Motion carries.

 

Good Friends d/b/a Splash Bar-

 

Motion to approve by Councilman Benson, seconded by Councilman Patino.

 

Councilman Silva

abstained 

Councilman Leger

No

Councilman Patino

Yes

Councilman Benson

Yes

Councilman Weber

Yes

Motion carries.

 

Amusement

 

Councilman Patino made a motion to approve, seconded by seconded by Councilman Benson.

 

Councilman Silva   

Councilman Leger 

Councilman Patino 

Councilman Benson

Councilman Weber 

Motion carries.

 

Councilman Patino reminded the Council that Destiny Bar has lost the liquor license to operate and asked for them to be removed from the renewal list for amusements.

 

Councilman Patino made a motion to deny this license, seconded by Councilman Benson.

 

Councilman Silva   

Councilman Leger 

Councilman Patino 

Councilman Benson

Councilman Weber 

All agreed. Denied.

 

Motion carries. 5-0 TO DENIED.

 

Pool Table

 

Splash Snack Bar

 

Motion to approve by Councilman Benson seconded by Councilman Patino.

 

Councilman Silva

abstained

Councilman Leger

No

Councilman Patino

Yes 

Councilman Benson

Yes

Councilman Weber

Yes

 

Motion carries 3-2 to approve.

 

Destiny’s Bar & Grill

 

Motion to DENY by Councilman Patino seconded by Councilman Leger  and Benson.

 

Councilman Silva

abstained

Councilman Leger

No

Councilman Patino

Yes 

Councilman Benson

Yes

Councilman Weber

Yes

 

Motion carries 3-2 to approve.

 

General Repair

 

Council President Weber, Jr. read list.

 

Motion to approve made by Councilman Leger, seconded by Councilman Silva.

 

Councilman Silva  

Councilman Leger 

Councilman Patino

Councilman Benson

Councilman Weber 

 

All agreed. So voted.

 

Retail Sales

 

Council President Weber Jr. read list.

 

Motion to approve made by Councilman Benson, seconded by Councilman Leger.

 

Councilman Silva  

Councilman Leger 

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

Personal Service

 

Council President Weber Jr. read list.

 

Motion to approve made by Councilman Leger, seconded by Councilman Patino and Benson.

 

Councilman Silva  

Councilman Leger 

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

Laundry

 

Motion to approve made by Councilman Leger, seconded by Councilman Silva.

 

Councilman Silva  

Councilman Leger 

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

Automotive Repairs

 

List was read.

 

Motion to approve made by Councilman Benson, seconded by Councilman Silva.

 

Councilman Silva  

Councilman Leger 

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

11.  Abatements

 

See list

 

Motion to table by Councilman Patino, seconded by Councilman Benson.

 

Councilman Patino questioned the Tax Assessor’s position as being empty, and asked the Mayor to come to the Council meeting to explain.

 

Council President Weber,Jr. asked for a five minute recess.

 

The Council Meeting came to order.

 

Councilman Patino asked to withdraw his motion.  Councilman Weber,Jr stated that the motion was withdrawn.

 

Council President read the abatements.

 

Motion to approve collectively made by Councilman Leger ,seconded by Councilman Silva.

 

Councilman Silva

yes

Councilman Leger

yes

Councilman Patino

no

Councilman Benson

yes

Councilman Weber

yes

 

4-1 Motion carries.

 

12.  Public Comments

 

No comments made.

 

13.  Claims

 

Clerk read claim.

 

Cynthia Champagne

28 Chapel St.

Lincoln, R.I.

Damages to vehicle - $ 1233.88

 

Motion to approve by Councilman Benson, seconded by Councilman Patino.

 

Councilman Silva  

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

Viola Swinder

143 Mulberry St.

Pawtucket, R.I.

Damage to vehicle - $1394.66

 

Cynthia Champagne

28 Chapel St.

Lincoln, R.I.

Damages to vehicle - $ 1233.88

 

Motion by Councilman Leger, seconded by Councilman Patino to refer this claim to the Claims committee.

 

Councilman Silva  

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

14.  Resolutions

 

They were read aloud by Council.

 

Resolution extending the Condolences of the City Council to the Family of the late Henry Keefe.

 

Resolution extending the Condolences of the City Council to the Family of the late Edouard Heroux.

 

Motion by Councilman Benson, seconded by Councilman Silva to refer this claim to the Claims committee.

 

Councilman Silva  

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

15.  Ordinances

 

Introduction

 

An Ordinance Amending Dog License Fees. (Introduced by Councilman Benson at the request of The City Clerk's Office.)

 

So Introduced.

 

First Passage

 

1.  An Ordinance Amending Section 38-8 (f) Maintenance & Equipment Replacement Fund C.A.R.E. (Introduced by Councilman Benson at the request of the Police Department)

 

Council President Weber,Jr. read the Ordinance.

 

Councilman Leger stated that he has spoken to the Finance Director on this account.

 

Motion to approve by Councilman Benson, seconded by Councilman Patino.

 

Councilman Silva  

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

2.  An Ordinance creating an Inspection fee by the Central Falls Fire Department for inspections related to the State Fire Codes and any rule or regulation of the State Fire Marshall. (Introduced by Councilman Benson at the request of the Fire Department)

 

Council President read the Ordinance.

 

Motion to approve by Councilman Benson, seconded by Councilman Patino.

 

Councilman Silva  

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

Public Hearing/Final Passage

 

1.  An Ordinance Amending Chapter 14-11 (Court) Fines, Penalties, Imprisonment. (Introduced by Councilman Patino)

 

Public Hearing opened - no on spoke.

 

Ordinance read aloud. 

 

Councilman Patino gave some background on this Ordinance.

 

Councilman Leger spoke of outstanding fines.

 

Motion to approve by Councilman Patino, seconded by Councilman Silva .

 

Councilman Silva  

Councilman Leger

Councilman Patino

Councilman Benson

Councilman Weber 

All agreed. So voted.

 

2.  An Ordinance establishing regulations for the employment of the Chief of Police. (Introduced by Council President Weber)

 

Councilman Leger questioned the contents of the ordinance, that it seemed different than the previous version submitted.

 

Councilman Benson explained that the other versions were suggestions from the Law Department, but had not been acted on.  This was the original version.

 

The chair declared the Public Hearing opened, and asked if anyone from the Public wishes to speak.

 

Joseph Moran 225 Shawmut Ave., Central Falls, spoke in regards to a 2 and ½ year contract.

He stated that he has worked for the City over 20 years and gave background information.

 

Paul Peckham of 38 Garfield St. Central Falls.  He feels the same that the Contract should be at least a five year contract.

 

Joe Travres of 74 Clay St. spoke in favor of Joe Moran and the 5 year contract.

Public Hearing declared closed.

 

Councilman Leger stated he had a problem with 2 half years is too short.  There should be language on dismissal for just cause.

 

A motion from Councilman Leger to amend this Ordinance to say 60 months  (5 years) seconded by Councilman Patino and Benson.

 

Councilman Silva stated that he agreed with the    60 months.

 

Councilman Weber spoke of his concerns with this ordinance with previous Lawsuits.

 

The Finance Director does not have contract, City Clerk does not have contract they are at will employees.   Three year contracts are good contracts.

 

More discussion took place about the pending lawsuit/labor issue.

 

Councilman Patino stated that the administration should request a 5 year plan from the Chief.

 

Councilman Benson asked for previous contracts and they all vary, he agrees with what was said.

 

Councilman Weber, stated that is does not stop the appointment of Chief

 

Councilman Leger stated that this situation is unique, because now he would not have protection of union, and now he may have a car but it must be balanced. 

 

Councilman Weber asked for roll call on amendement;

 

Motion to approve by Councilman Benson, seconded by Councilman Patino.

 

Councilman Silva

Yes

Councilman Leger

Yes

Councilman Patino

Yes

Councilman Benson

Yes

Councilman Weber

No

 

4 yes 1 no.  Motion carries.

 

Council President read it as amended.

 

Public Hearing re-opened. 

 

Paul Peckham stated he was glad with the vote.

 

Mr. Travers also spoke in favor of the Ordinance.

 

Joseph Moran thank all for the vote.

 

Public Hearing declared closed.

 

Chair relinquished his seat to the vice-chair Councilman Leger.

 

Motion to deny the Ordinance by Councilman Weber, no second, no second, no second.

 

Motion to approve by Councilman Silva seconded by Councilman Patino and Benson.

 

Councilman Weber cautioned the Council on approving this amendment; the previous Chief would not speak to the Mayor only the Council.

 

Councilman Leger asked for any other discussion.

 

More discussion took place.

 

Roll call:

 

Councilman Silva

Yes

Councilman Leger

Yes

Councilman Patino

Yes

Councilman Benson

Yes

Councilman Weber

No

 

Motion carries 4-1

 

16.  Unfinished Business

 

Councilman Leger Thanked the Public for approving questioned  #15, and for the help to educate the public.  Councilman Silva spoke of all the new registered voters.

 

17.  New Business

 

Councilman Leger Congratulation Senator Issa, Rep Joe Faria, and Joe Moran on their victories, and asked for Resoulutions.  Also Councilman Leger spoke of the light at Blackstone Falls.

 

18.  Adjourn

 

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

All agreed.  So voted.

 

Time adjourned. 8:45 pm

 

____________________________________

Marie Twohey, Deputy City Clerk

November 8, 2004 - City Council Meeting
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