August 22, 1990 - Regular City Council Session

City Council, August 22, 1990.

A regular session of the City Council is held Wednesday, August 22, 1990, at eight fifty-three o’clock p.m. All the members are present and President Houle presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE A PUBLIC HEARING REGARDING PROPOSED CHANGES SUBMITTED BY THE CHARTER REVIEW COMMISSION REGARDING UPDATING, RIGHT OF INITIATIVE PETITION AND MISCELLANEOUS CHANGES.

THE COUNCIL RECONVENES AT NINE TWENTY-SEVEN O’CLOCK P.M.

The reading of the records of August 8, 15, 1990, is dispensed with and the records are approved as prepared by the Clerk.

The following Resolution is Read and Passed on a Roll Call Vote, as follows:

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt, and Vieira.

Noes - 0

588      Resolution Commending Melissa Folan for her Bravery in Rescuing Colacone Family.

THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 8, 1990, IS AGAIN TAKEN UP AND IS GRANTED WITH THE FOLLOWING STIPULATIONS:

COUNCILMAN WILLIAM LYNCH ABSTAINS FROM VOTING.

AUTO REPAIR LICENSE & SECOND HAND SHOP LICENSE (NEW)

Jose A. Morales d/b/a J & B Auto Sales, 124 Reservoir Avenue, LIC #125

STIPULATIONS:

1.         Hours limited to 8 AM - 7 PM

2.         No more than 25 vehicles on property at any one time

3.         OSHA approved spray booth for painting

THE MEETING HELD AUGUST 8, 1990, IS AGAIN TAKEN UP AND IS GRANTED WITH THE FOLLOWING STIPULATIONS:

SECOND HAND SHOP LICENSE (NEW)

Cams Automotive Services Inc. d/b/a Cams Automotive Services, at 464 Broadway, LIC #126

STIPULATIONS:

1.         All deliveries before 9 PM

2.         All parking in fenced-in area (No on-street parking)

3.         Zoning Compliance assured by Attorney for applicant

4.         All Auto Body Repairing will be done within the hours allowed by City Ordinance.

THE COUNCIL RECESSES AT 10:30 TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.

THE COUNCIL RECONVENES AT 11:35.

COUNCILMAN RABBITT LEAVES THE COUNCIL CHAMBER.

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028      A.        Memo from Richard J. Goldstein, Clerk of the Council, to Members of the City Council. (Rehabilitation Loan Program)

028      C.        Communication from Philip J. Moran, to City Council President Raymond W. Houle, Jr. (Public Hearing - Charter Review Commission)

642      **D.    Communication from Joe Rogue, Purchasing Agent, to Richard J. Goldstein, Clerk of the Council. (50/50 Sidewalk Program/Councilman Doyle’s Request-City Council Meeting of August 8, 1990)

E.         Communication from Pawtucket Police Division, Commander Richard E. DeLyon, to Richard J. Goldstein, Clerk of the Council. (Employees Using City Vehicles)

F.         Communication from Richard E. DeLyon, Commander of Police, to Richard J. Goldstein, Clerk of the Council. (Portugalia Liquors, 225 Barton Street)

614      H.        Communication from Louis S. Simon, Director of Public Works to Richard J. Goldstein, City Clerk. (Employees using City Vehicles.)

614      I.          Communication from Louis S. Simon, Acting Director of Public Works, to Richard J. Goldstein, City Clerk. (Prompt Payment Ordinance).

611      J.          Communication from Christine N. Tague, Director of Finance to Richard J. Goldstein, City Clerk. (City Vehicle Use).

611      K.        Communication from Christine N. Tague, Director of Finance to Richard J. Goldstein, City Clerk. (Budget Transfer Ordinance)

590      L.         Communication from Brian J. Sarault, Mayor to Raymond W. Houle, Jr., President City Council, (feasibility of transferring the Lynch Arena to the School Department.)

614      B.         Communication from Louis S. Simon, Acting Director of Public Works, to Richard Goldstein, Clerk of the Council. (50/50 Sidewalk Program Additional Information Council Meeting August 8, 1990) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

With majority consent of the Council, the following Motion made by Councilman Calista seconded by Councilman Barry, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Louis S. Simon, Acting Director of Public Works regarding Arrowhead Company doing business with the City.

028      G.        Communication from Richard J. Pollock, Water Administration Manager, to Richard J. Goldstein, Clerk of the Council, (Vehicles) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILMAN DOYLE.

With majority consent of the Council, the following Motion made by Councilman Doyle seconded by Councilman Rabbitt, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Richard J. Pollock, Water Administration Manager, asking if David Golebiewski had the use of a City vehicle.

609      Petition from Pamela K. Greenwood, C.S. Manager - Right of Way, to Richard J. Goldstein, Clerk of the Council. (Benefit Street) PENDING APPROVAL DIRECTOR OF PUBLIC WORKS is READ AND ORDERED FILED.

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, and Vieira.

Noes - 0.

588      Resolution Changing the Time of Council Meetings for November 21, 1990, and December 19, 1990., to Begin at 7:00 P.M.

The following ordinance is read for the second time and passed on a roll call vote, as follows:

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, and Vieira.

Noes - 0

330      CH 2147 Ordinance Regulating Canine Waste and its Removal AS AMENDED.

The following ordinance is read for the second time and passed on a roll call vote, as follows:

Ayes - Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, and Vieira.

Noes - President Houle.

330      CH 2148 Ordinance in Amendment of Chapter 2081 of the Ordinances of the City of Pawtucket Entitled "The Annual Operating Budget Ordinance, 1989–1990" (transfer $1,000,000 from Reserve Account to Schools)

The following ordinance is read for the second time and passed on a roll call vote, as follows:

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, and Vieira.

Noes - Councilman William Lynch.

330      CH 2149 Ordinance Authorizing the Transfer of Funds within the 1988–1989 Annual Operating Budget, Chapter 2027.

The following Ordinance is Laid on the Table on a unanimous voice vote:

Ordinance in Amendment of Chapter 1097 of the Ordinances of the City of Pawtucket and Chapter 31 of the Revised Ordinances of the City of Pawtucket, Rhode Island, 1966, Entitled "Zoning"

(Boulevard Plaza Shopping Center - Armistice Boulavard, York Avenue, Walcott Street and East Pawtucket Industrial Highway)

THE CLERK IS INSTRUCTED TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD WEDNESDAY, SEPTEMBER 19, 1990.

The following Ordinances are Laid on the Table on a unanimous voice vote:

Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "THE TRAFFIC ORDINANCE" (4-Way Stop Signs - Geneva Street Unity Street, Progress Street and Blodgett Avenue)

Submitted by: Councilman Raymond W. Houle, Jr., President of the City Council.

Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "THE TRAFFIC ORDINANCE" (4- Way Stop Signs - Burgess Avenue and Balch Street) Submitted by: Councilman Kevin J. Rabbitt District Three

COUNCILMAN RABBITT RETURNS TO COUNCIL CHAMBER.

The following Resolution is Read and Passed as Amended by removing Section (b) which reads "In one referendum question the proposed recommendation on initiative petition by adding Sections 6–200 through 6–205;" Section (c) becomes (b), on a Roll Call Vote, as follows:

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.

586 Resolution Directing that the proposed Amendments to the City Charter as Recommended in the 1990 report of the Charter Review Commission Appear on the November 6, 1990, Ballot. (Updating & Miscellaneous Changes)

PRESIDENT HOULE STATES THAT HE WILL SET UP A SYSTEM TO REVIEW FOUR OTHER CHARTER REVIEW ITEMS AS FOLLOWS:

1.         Voter Initiative

2.         Synchronization

3.         Reorganization of Departments

4.         Election Composition (Partisan/Non-Partisan; Even/Odd years.)

ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH THE RECOMMENDATION THAT IT BE GIVEN FIRST PASSAGE.

Ordinance in Amendment of Chapter 1369, Section 6; and Repealing Chapter 1688, in its Entirety, Entitled "Ordinance of the City of Pawtucket Relating to Noise Regulations" (Stereos, radios, musical instruments and similar devices)

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

With majority consent of the Council, Councilman Rabbitt requests that the ordinance entitled: "Ordinance in Amendment of Chapter 1369, Section 6; and Repealing Chapter 1688, in its Entirety, Entitled "Ordinance of the City of Pawtucket Relating to Noise Regulations" (Stereos, radios, musical instruments and similar devices) be amended by changing the wording "Similar Devices" to "Other Noise Making Devices."

Upon Motion made by Councilman Rabbitt, seconded by Councilman Barry, the ordinance entitled: "Ordinance in Amendment of Chapter 1369, Section 6; and Repealing Chapter 1688, in its Entirety, Entitled "Ordinance of the City of Pawtucket Relating to Noise Regulations" (Stereos, radios, musical instruments and similar devices) is amended by changing the wording "Similar Devices" to "Other Noise Making Devices." on a roll call vote, as follows:

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.

Noes - 0.

The following ordinance is read for the first time AS AMENDED and is passed on a roll call vote, as follows:

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.

Noes - 0.

Ordinance in Amendment of Chapter 1369, Section 6; and Repealing Chapter 1688, in its Entirety, Entitled "Ordinance of the City of Pawtucket Relating to Noise Regulations" (Stereos, radios, musical instruments and Other Noise Making Devices)

ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH THE RECOMMENDATION THAT IT BE GIVEN FIRST PASSAGE.

Ordinance Regarding Prompt Payment by City.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

With majority consent of the Council, Councilman William Lynch requests that the ordinance entitled: "Ordinance Regarding Prompt Payment by City," be amended by changing the following sections:

1.         Sections 5A & 5C - change "10 days" to "15 days"

2.         Sections 3 & 5B - change "30 days" to "45 days"

3.         Change effective date from "Upon Passage" to "January 15, 1991."

Upon Motion made by Councilman William Lynch seconded by Councilman Doyle, the ordinance entitled "Ordinance Regarding Prompt Payment by City," is amended by changing the following sections:

1.         Sections 5A & 5C - change "10 days" to "15 days"

2.         Sections 3 & 5B - change "30 days" to "45 days"

3.         Change effective date from "Upon Passage" to "January 15, 1991,"

on a roll call vote, as follows:

Ayes - Councilmembers Barry, Calista, Doyle, Kinder and William Lynch.

Noes - President Houle, Councilmembers Robert Lynch, Rabbitt, and Vieira.

The following ordinance is read for the first time AS AMENDED and passed on a roll call vote as follows:

Ayes - Councilmembers Barry, Calista, Doyle, Kinder and William Lynch.

Noes - President Houle, Councilmembers Robert Lynch, Rabbitt, and Vieira.

Ordinance Regarding Prompt Payment by City.

*The following licenses are GRANTED on a unanimous voice vote:

ENTERTAINMENT (NEW)

Providence County Kennel Club, for license to conduct Annual Labor Day Dog Match, at McCoy Stadium Annex, on Monday, September 3, 1990, at 9:00 am - 1:00 pm LIC #613

PIGEON LOFT (ALL RENEWALS)

Raymond Charpentier, 104 County Street, LIC #1

James Luiz, 163 Division Street, LIC #4

Antonio P. Morais, 100 Lorraine Street, LIC #6

Geraldo L. Neves, 189 Magill Street, LIC #7

John Quilitzsch, 854 Cottage Street, LIC #8

Frank J. Rowse, Jr., 203 Mendon Avenue, LIC #9

PRIVATE DETECTIVE (RENEWAL)

Dominic D’Errico, 95 Armistice Boulevard, LIC #128

VICTUALLING HOUSE (FIRST CLASS) NEW

Milton G. Tripp d/b/a Depot Grill, 204 Broad Street, LIC #257

VICTUALLING HOUSE (FIRST CLASS)

Stephen F. Greenberg d/b/a S & B Canteen (transfer from 19 Beverage Hill Realty Trust), 645 Narragansett Park Drive, LIC #258

YEARLY BINGO GAMES (ALL RENEWALS)

St. Joseph’s Church, 195 Walcott Street, on each Tuesday for year ending 8/31/91 from 7:00 pm - 11:00 pm LIC #745

R .I Toreadors Jr. Drum & Bugle Corps, 345 Barton Street, on each Saturday and Sunday for year ending 8/31/91 from 6:00 pm - 11:00 pm LIC #746

*THE FOLLOWING BOND ARE APPROVED, SURETIES NAMED ARE ACCEPTED:

PRIVATE DETECTIVE BOND

Dominic D’Errico, surety - Hartford Accident and Indemnity Company

*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Carol Byrnes - $25.00/$35.00

Garcia’s Auto Sales - No amount specified

Dolores Lavergne - 65.39

Eduardo C. Mendonca - No amount specified

THE CHAIR RECOGNIZES COUNCILMAN BARRY.

With majority consent of the Council, Councilman Barry introduces the following items:

613      1.         Superior Court Decision regarding Store 24 of Rhode Island Inc.

613      2.         Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk, regarding Ordinance establishing an Automobile Usage Policy.

622      3.         Communication from Todd Olbrych, Building Official to Richard Goldstein, City Clerk, regarding zoning status at w 458–464 Broadway.

Upon Motion made by Councilman Barry seconded by Councilman Kinder, the following items are READ AND ORDERED FILED:

1.         Superior Court Decision regarding Store 24 of Rhode Island Inc.

2.         Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk, regarding Ordinance establishing an Automobile Usage Policy.

3.         Communication from Todd Olbrych, Building Official to Richard Goldstein, City Clerk, regarding zoning status at 458–464 Broadway.

Upon Motion made by Councilman Barry seconded by Councilman Kindler, the meeting is adjourned at twelve thirteen o’clock a.m.

August 22, 1990 - Regular City Council Session
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