January 24, 1990 - Regular City Council Session

City Council, January 24, 1990.

A regular session of the City Council is held Wednesday, January 24, 1990, at eight eight o’clock p.m. All the members are present and President Houle presides.

The reading of the records of January 10, 1990, is dispensed with and the records are approved as prepared by the Clerk.

Upon Motion made by Councilman Barry, seconded by Councilman Kinder the *Consent Agenda is approved on a unanimous voice vote.

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

614      A.        Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Portion of Olive Street petitioned for abandonment)

028      B.         Copy of Resolution from Patricia A. Valliere, Town Clerk, Town of Richmond, Rhode Island, to Richard J. Goldstein, Clerk of the Council. (Housing Discrimination)

7          C.        Communication from Sargent John J. Whiting, to Commander Richard DeLyon. (Parking Violations)

590      E.         Communication from Mayor Brian J. Sarault to the Honorable Raymond W. Houle, Jr. (Economic Development Strategy Team)

592      F.         Communication from Roger F. Giraud, Director of Planning and Development, to Richard J. Goldstein, Clerk of the Council. (Disposition of State Surplus Land Time Extension Plat #1173, Parcel 165)

028      G.        Communication from Councilman William J. Lynch, to Representative Antonio Pires. (Proposed Legislation Banning Assault Weapons)

590      **H.    Communication from Mayor Brian J. Sarault, to Richard J. Goldstein, Clerk of the Council. (Nativity Scene)

028      **I.      Communication from Councilman William J. Lynch, to the Honorable Governor Edward DiPrete. (Proposed New District Court Building)

028      **J.      Communication from Councilman William J. Lynch, to the Honorable Thomas Fay, Chief Justice. (Proposed New District Court Building)

028      K.        Communication from Roberta H. Johnson, Town Clerk, Town of Coventry, to the Honorable City Council. (Regarding State Aid to Municipalities)

613      L.         Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Zoning Ordinance Section 31--30)

610      **M.    Communication from James H. Higgins, Public Safety Director, to the Honorable Raymond W. Houle, Jr., President of the Pawtucket City Council. (Discuss the Necessity of the Alarm Registration Program)

061      N.        Communication from Christine N. Tague, Finance Director, to the Honorable Members of the Pawtucket City Council. (Fiscal Period from July 1, 1989, through November 30, 1989)

611      **P.     Communication from Christine N. Tague, Finance Director, to Mr. Neal Dwyer, Pawtucket School Committee. (City Surplus Figure)

617      Q.        Communication from Matthew J. Gill, Jr., Director of Rhode Island Department of Transportation, to Richard J. Goldstein, Clerk of the Council. (Replace all Stop Signs on the side streets that intersect with Armistice Boulevard in Pawtucket)

590      **R.     Communication from Mayor Brian J. Sarault, to Councilman William J. Lynch. (5th District Court in Pawtucket)

**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

THE FOLLOWING COMMUNICATION IS READ AND ORDERED FILED ON A VOICE VOTE:

COUNCILMAN WILLIAM LYNCH ABSTAINS.

028      D.        Communication from Councilman William J. Lynch, to the Honorable City Council. (Sewer Easement - Oak Hill Nursing Center)

611      O.        Communication from Christine N. Tague, Finance Director, to the Honorable Councilman James E. Doyle, Chairman Finance Committee. (Fire and Police Pension Plan Consulting Contract) 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 Christine N. Tague, Finance Director, asking her for information on the bidding process for the Pension Plan Consulting Contract in particular the names, addresses and contact person for each of the bidders on the Pension Plan Contract, the fee each bidder would charge for the Contract, the dollars that each bidder is forecasting they can achieve and were personal interviews granted to any or all of the bidders contacted by the City for a bid, or who called and requested to place a bid.

THE CHAIR RECOGNIZES COUNCILMAN DOYLE.

With majority consent of the Council, the following Motion made by Councilman Doyle, seconded by Councilmen Calista and William Lynch is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Christine N. Tague, Finance Director, to prepare a fiscal note on the new administrative assistant position at the Water Supply Board, which was granted several weeks ago. Councilman Doyle would like Section 2 of the Proposed Fiscal Responsibility Ordinance used as guidelines for preparing this note.

590      PRESIDENT RAYMOND W. HOULE, JR., READS THE FOLLOWING COMMUNICATIONS RECEIVED BY THE CITY CLERK INTO THE RECOORD.

January 24, 1990

The Honorable Raymond W. Houle, Jr.

City Council President

Pawtucket City Council

City Hall

Pawtucket, RI 02860

Dear President Houle:

I’m writing to clear up any misunderstanding that may have been created by the recent Providence Journal article alleging police brutality in the City of Pawtucket.

Like the legendary "racehorse" story from last year, this is yet another example of the Journal’s callous disregard for the facts. As Mayor, I have reconciled myself to the fact that I must sometimes be the target of negative press, but this kind of shoddy journalism does a great disservice to the people of Pawtucket and to the men and women of the Pawtucket Police Department who are tirelessly working to protect our city.

To set the record straight, I am enclosing two letters written by Dr. Thomas Lemke Director of the Emergency Department of Memorial Hospital. Dr. Lemke was quoted in the article to support the author’s contention that police brutality was on the rampage in Pawtucket. As you can see from his letters, that conclusion was not shared by Dr. Lemke.

As far as my quotes and the lack of concern I reportedly showed in this matter, I must join Dr.Lemke in stating my remarks were misrepresented. My comments were made in regard to the specific cases brought up by the reporter. It was my contention that the facts in these cases did not support the charges of police brutality, yet the Journal failed to convey that message, opting instead for a sensationalized misrepresentation of my statements.

I have called a meeting with Chief Tomlinson and Public Safety Director Higgins and ordered an internal investigation of the matter to determine the validity of any brutality charges. When that investigation is completed, its findings will be forwarded to you.

Let the record state that I assure you, the members of the City Council, and the people of Pawtucket that this administration would not tolerate abuse of our citizens by the Police Department.

Sincerely,

Brian J. Sarault

Mayor Brian J. Sarault

 

Enclosures

 

January 22, 1990

 

Chief John Tomlinson

Pawtucket Police Department

121 Roosevelt Avenue

Pawtucket, Rhode Island 02860

 

Dear Chief Tomlinson:

Several weeks ago, I was contacted by a reporter from the Providence Journal-Bulletin and asked to comment on the subject of police brutality. We met and discussed the issue from my perspective as Director of Emergency Services at Memorial Hospital. I told him that I had never cared for anyone who I felt was a victim of police brutality. The charge was a serious one, obviously, and in that I have been in Pawtucket only a little over six months I volunteered to ask of the other ED doctors what their experience was. One week later I called Mr. Malinowski back and told him that all the other doctor’s experience was identical to mine, i.e., we don’t see police brutality. The injuries in patients in police custody are well within the boundaries of appropriate restraint. I even supplied him with quotes.

You can imagine my anger when I read the resulting article. After having felt that I did my duty by putting to rest untrue rumors about those with whom I work daily, I find my remarks fashioned in a manner that is one hundred per cent opposite of what I said.

While I did write a letter to Mr. Malinowski expressing my feelings (attached) my hope of redress is small. If any correction does appear (which I doubt) it probably will be lost in the small print of the classified ads. I don’t like to feel victimized; and neither do you or your officers, I suspect. I am afraid, however, that most of the subscribers to the Providence Journal-Bulletin will not view you and your men as barbarians and me as the guy that said it was true. For what it is worth, I do know the truth. I know the police of Pawtucket to be honest and fair with those that they deal with. My only regret is that I was unfairly used to discredit your department.

Sincerely,

Thomas Lemke, M.D.

Thomas Lemke, M.D.

Director, Emergency Department

 

January 22, 1990

 

Mr. William Malinowski

Providence Journal-Bulletin

75 Fountain Street

Providence, RI 02904

Dear Mr. Malinowski:

I read with dismay your article on police brutality. I was particularly upset by the quote attributed to me, set off in brackets. When discussing the article with those who had read it, all believed that the quote confirmed that, indeed, our hospital was seeing numerous cases of "police brutality". Only you and I know that my remark was in response to the number of sutures placed in one patients wound as compared to the number used in an average patient.

What enrages me most, however, is that you had the true picture of "police brutality" as seen in our facility and chose not to mention it. You knew that I personally had never seen a case of police brutality in this hospital. I even interviewed the other physicians in our department who painted a picture identical to mine then phoned you giving you quotes from each one.

I am woefully naive when it comes to the newspaper business and perhaps there is something I am overlooking. On the surface, it would appear that your coverage of this issue purposely covered up the truth and intentionally misrepresented my remarks to fit in with the story that you had already written in your mind before ever investigating the details. I would like nothing better than for you to reassure me that I read your article all wrong and somehow missed the truth of the matter. If, indeed, my first impression is correct, you owe an apology to both me and every police officer in Pawtucket.

Sincerely,

Thomas Lemke, M.D.

Thomas Lemke, M.D.

Director, Emergency Department

Memorial Hospital of RI

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

With majority consent of the Council, Councilman Calista introduces the following entitled resolution:

Resolution Urging the State of Rhode Island to Maintain a District Court Facility in Pawtucket.

Submitted by:   John Q. Calista, Jr., Councilman at Large.

Mayor Brian J. Sarault.

Upon Motion made by Councilman Calista seconded by Councilman Kinder, 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 Urging the State of Rhode Island to Maintain a District Court Facility in Pawtucket.

Submitted by:   John Q. Calista, Jr., Councilman at Large.

Mayor Brian J. Sarault.

THERE WILL BE A POLICY OF THE CITY COUNCIL THAT ALL LETTERS RECEIVED FROM THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION ON THE SALE OF SURPLUS PARCELS OF LAND WILL AUTOMATICALLY BE RESPONDED TO BY A LETTER FROM CITY COUNCIL PRESIDENT TO THE DEPARTMENT OF TRANSPORTATION REQUESTING A 30 DAY EXTENSION ON A DECISION AS TO WHETHER OR NOT THE CITY SHOULD PURCHASE SAID PARCEL.

609      Petition from New England Telephone Company, to Richard J. Goldstein, Clerk of the Council. (Division Street and South Bend Street) is approved PENDING APPROVAL DIRECTOR OF PUBLIC WORKS.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT, CHAIRMAN OF THE CITY PROPERTY COMMITTEE.

With majority consent of the Council, Councilman Rabbitt with the recommendation of the City Property Committee, approves the request to name the park at the intersection of Prospect, School and Division Streets as "Jaycee Park" in memory of George Edward Brayman.

Upon Motion made by Councilman Rabbitt, seconded by Councilmen Calista and Barry, with the recommendation of the City Property Committee, 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 Naming the Park at the Intersection of Prospect, School and Division Streets as "Jaycee Park" Dedicated in Memory of George Edward Brayman.

Submitted by: Councilman John J. Barry, III and Councilman Kevin J. Rabbitt.

THE CHAIR RECOGNIZES COUNCILMAN BARRY.

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

Communication from Matthew C. Cunningham, Attorney at Law to the Honorable City Clerk, submitting the following entitled resolution:

Resolution Authorizing the Director of Finance of the City of Pawtucket to Grant a Sewer Easement under a Portion of Elgasco (Max Read) Field Further known as Lot #594 on Plat #67B of the Tax Assessor of the City of Pawtucket to Oak Hill Nursing Associates, L.P.

Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the following resolution is referred to the PUBLIC WORKS COMMITTEE, CITY PLANNING COMMISSION, PUBLIC WORKS DIRECTOR, CITY SOLICITOR, ON A VOICE VOTE:

COUNCILMAN WILLIAM LYNCH ABSTAINS FROM VOTING.

Resolution Authorizing the Director of Finance of the City of Pawtucket to Grant a Sewer Easement under a Portion of Elgasco (Max Read) Field Further known as Lot #594 on Plat #67B of the Tax Assessor of the City of Pawtucket to Oak Hill Nursing Associates, L.P.

Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the following Communication is Read and Ordered Filed on a voice vote:

COUNCILMAN WILLIAM LYNCH ABSTAINS FROM VOTING.

Communication from Matthew C. Cunningham, Esq., to the Honorable City Clerk, submitting a Resolution Authorizing and Directing the Director of Finance of the City of Pawtucket to Grant a Sewer Easement under a Portion of Elgasco (Max Read) Field Further known as Lot #594 on Plat #67B of the Tax Assessor of the City of Pawtucket to Oak Hill Nursing Associates, L.P.

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 Supporting Legislation Granting Level Funding to Service Agencies in the City of Pawtucket. Submitted by: Councilman John J. Barry, III

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 voice vote:

COUNCILMAN WILLIAM LYNCH VOTES "NO"

The Clerk is instructed to send a communication to Mayor Brian J. Sarault, to inform him of the Councils urgent desire for a follow up with the Rhode Island Public expenditure Council to determine if they would be able to do a management study in Pawtucket in the near future. Councilman Calista noted that in response to his last request for the management study, the mayor notified him that the study may be possible some times in the spring. He would like to know if the time frame is still correct.

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, Rabbitt and Vieira.

Noes - 0

330      Ordinance in Amendment of Chapter 1097 of the Ordinances of the City of Pawtucket, Also Known as Chapter 31 of the Revised Ordinances of the City of Pawtucket Entitled "Zoning" (Section 31--72 Fees for appeals, special exceptions, and variances.)

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

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

Noes - 0

ABSTAIN - COUNCILMAN BARRY.

Ordinance to Promote and Improve Fiscal Responsibility within the Municipal Government of the City of Pawtucket.

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

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

Noes - 0

ABSTAIN - COUNCILMAN BARRY.

Ordinance to Amend Chapter 1797 Entitled "An Ordinance of the City of Pawtucket Establishing the Licensing of Mechanical Amusement Devices and Repealing Chapter 1704 in its Entirety."

THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

Ordinance to Promote Residential Housing and Preservation of Historic Buildings in the City of Pawtucket.

Ordinance in Amendment of Chapter 2079 Entitled "An Ordinance to Preserve the Aesthetic Qualities of Buildings and other Improvements in the City of Pawtucket."

Ordinance to Promote Affordable Residential Housing in the City of Pawtucket.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

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

THE CLERK IS INSTRUCTED TO SEND A COMMUNICATION REGARDING THE BACKGROUND ON AN ORDINANCE TO PROMOTE AFFORDABLE RESIDENTIAL HOUSING IN THE CITY OF PAWTUCKET.

THE CITY CLERK WILL DETERMINE TO WHOM THE LETTER SHOULD BE ADDRESSED.

*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:

BOWLING ALLEYS (RENEWAL)

Darlington Bowling Lanes Inc., 639 Central Avenue, (18) LIC #1

POOL TABLE (ALL RENEWALS)

2nd Ward Independent Club, 409 Cottage St (1) Weekdays & Sundays LIC#22

Swallow Club, 21 & 25 Kenyon Ave (1) Weekdays & Sundays LIC#24

VICTUALLING HOUSE (First Class) RENEWAL

Barney’s Bakery Inc d/b/a Barney’s, 727 East Avenue, LIC #10

Muriel J. Capozzoli d/b/a MJ’s Sandwich Shop, 710 1/2 Central Avenue, LIC #27

THE FOLLOWING APPLICATION IS STRICKEN FROM THE DOCKET:

VICTUALLING HOUSE (Second Class) NEW

Mario Botelho d/b/a MB Fish Store, 363 Smithfield Avenue, LIC #233

THE FOLLOWING APPLICATION IS GRANTED ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE (First Class)

N.I.N Inc. d/b/a Don’s Luncheonette (transfer from Don’s Catering & Luncheonette Inc. d/b/a Don’s Luncheonette) 169 Benefit Street, LIC #234

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR SETTLEMENT BY FRED E. JOSLYN, JR., CITY SOLICITOR ON A UNANIMOUS VOICE VOTE:

Lussier vs. Pawtucket City Council.

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

Sean Bernier - $35.00

Mildred Browning - $100,000.00

Anna M. Matos - $50,000.00

Pedro A. Silveira - $100,000.00

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to James Kulczycki, Director of Parks, asking him for a list of all fields that have lights, and of those fields that have lights how many have timers; and what it would cost to install timers on the lights which currently do not have any; and what improvements are going to be made at the Slater Park Tennis Courts.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

The Clerk is instructed to send a communication to James Kulczycki, Director of Parks, aking him whether or not a timer has been put in at the McCoy Stadium Annex and if not, when it would be put in.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to John W. Tomlinson, Chief of Police, to ask that the Police Department patrol Campbell Street, where there are several violations of the "No Thru Trucking" area.

Upon Motion made by Councilman Barry, seconded by Councilman Vieira, the meeting is adjourned at nine thirteen o’clock p.m.

January 24, 1990 - Regular City Council Session
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