July 25, 1990 - Regular City Council Session

City Council, July 25, 1990.

A regular session of the City Council is held Wednesday, July 25, 1990, at seven twenty six o’clock p.m. All the members are present except Councilman Vieira and President Houle presides.

The Council recesses immediately to conduct a Public Hearing on the following:

PROPOSED CHANGES SUBMITTED BY THE CHARTER REVIEW COMMISSION REGARDING BUDGET PROCEDURE CHANGES AND THOSE REGARDING PURCHASING AND CONTRACTING.

The Council reconvenes at eight four o’clock p.m.

The reading of the records of July 11, 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:

126      B.         Communication from Save the Park, to Richard J. Goldstein, Clerk of the Council. (Slater Park)

126      C.        Communication from Save the Park, to Richard J. Goldstein, Clerk of the Council. (Slater Park)

592      D.        Communication from Roger F. Giraud, Director of Planning and Development, to Save the Park. (Request for Public Information)

590      E.         Communication from Mayor Brian J. Sarault, to Harold K. Ellis, Enforcement Supervisor, Freshwater Wetlands Section. (Slater Memorial Park: Friendship Gardens)

126      F.         Communication from James Kulczycki, Parks Director, to David E. Chopy, Associate Supervising Sanitary Engineer, DEM, Division of Water Resources. (Slater Memorial Park: Pollution from Slater Zoo)

028      G.        Communication from Councilman William J. Lynch, to Christine N. Tague, Finance Director, (Fiscal Note: Proposed Prompt Payment Ordinance)

611      H.        Communication from Christine N. Tague, Finance Director, to Richard J. Goldstein, Clerk of the Council. (Audit Proposals)

613      I.          Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Central Falls Incinerator)

613      J.          Communication from Fred E. Joslyn, Jr., City Solicitor, to James P. Marusak, Esq., Town Solicitor of Lincoln. (Central Falls Incinerator)

610      K.        Communication from James H. Higgins, Public Safety Director, to Richard J. Goldstein, Clerk of the Council. (Pre-Council Meeting, July 25, 1990 - Barton Street)

613      L.         Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Arbitration Fees)

611      M.        Communication from Christine N. Tague, Finance Director, to Richard J. Goldstein, Clerk of the Council. (Pertaining to Proposed Prompt Payment Ordinance)

611      **N.    Communication from Christine N. Tague, Finance Director, to Honorable Raymond W. Houle, Jr., President of the Pawtucket City Council. (Audit Bid)

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

028      A.        Communication from Councilman Kevin J. Rabbitt, to the Honorable Mayor Brian J. Sarault. (Pawtucket Parks Commission) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to Mayor Brian J. Sarault, requesting that he responds to the letter of July 9, 1990, regarding the creation of the Pawtucket Parks Commission.

028      O.        Communication from Frederick R. Love, Chairman Historic District Commission, to The Honorable City Council. (Proposed Ordinance in Amendment of Chapter 2023) IS READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

With majority consent of the Council, Councilman William Lynch submits the following entitled communication:

Communication from John W. Tomlinson, Chief of Police, to Matthew J. Gill, Jr., Director of Department of Transportation. (Advanced left turn Signals)

Upon Motion made by Councilman William Lynch, seconded by Councilmen Barry and Kinder, the following communication IS READ AND ORDERED FILED:

Communication from John W. Tomlinson, Chief of Police, to Matthew J. Gill, Jr., Director of Department of Transportation. (Advanced left turn Signals)

589      Communication from Mayor Brian J. Sarault, submitting the following appointment to the Water Supply Board:

Edward J. Whiteside, Jr., to fill unexpired term of Roland VanHoolandt is READ AND ORDERED FILED.

The following nomination submitted by His Honor, Mayor Brian J. Sarault, for confirmation, is confirmed on a roll call vote, as follows:

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

Noes - 0

WATER SUPPLY BOARD

Edward J. Whiteside, Jr. Term expires the first Monday in January 1991.

589      Communication from Mayor Brian J. Sarault, submitting the following appointment to the Historic District Commission:

Jeanne R. Richardson to fill unexpired term of Peter Niemitz. IS READ AND ORDERED FILED.

The following nomination submitted by His Honor, Mayor Brian J. Sarault, for confirmation, is confirmed on a roll call vote, as follows:

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

Noes - 0

Jeanne R. Richardson. Term expires the first Monday in January 1991.

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

Petition for FLEA MARKET LICENSE of Jean B. Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market) at 360 Broad Street (Pawtucket Portion of Former Train Station) Tax Assessor’s Plat 43B, Lots #602, #603, #604, which was advertised for a hearing at this time, is taken up: LIC #750

Speaking in favor is Attorney William Burke, 75 Park Place, Pawtucket, Rhode Island.

Mr. Burke states that if it is necessary, the applicant will provide security, private or public.

He also stated that there has been a request to keep all sales inside.

Speaking in favor is Mrs. Jean B. Vitali, 43 Langdon Avenue, Pawtucket, Rhode Island.

Mrs. Vitalis states there is a parking for 250 cars.

There are 2 entrances into the building, both in Central Falls.

There was a structural survey done on the property approximately 2 years ago.

Councilman Barry asks if this is a temporary proposal, or does she plan to seek further development. Mrs. Vitali states that there are no plans for future development.

Councilman Barry is concerned about the parking at Kennedy Housing and places the burden on Mrs. Vitali to prevent it.

There are no other speakers.

The hearing is closed.

Upon Motion made by Councilman Calista, seconded by Councilmen Kinder and Rabbitt, the following petition is GRANTED with the following stipulations on a voice vote:

STIPULATION

1.         Police officer or Security will be placed on either the inside, outside, or both, if determined to be needed by the City Council.

2.         There will be no vendors on the outside of the building and that all selling be restricted to the interior of the premises.

Petition for FLEA MARKET LICENSE of Jean B. Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market) at 360 Broad Street (Pawtucket Portion of Former Train Station) Tax Assessor’s Plat 43B, Lots #602, #603, #604. LIC #750 COUNCILMAN WILLIAM LYNCH ABSTAINS.

The following resolution is taken up:

588      Resolution Engaging Parmalee, Bacon & Associates, Certified Public Accountants, to make an audit for fiscal year ending June 30, 1990, and appropriating $24,900.00.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

With majority consent of the Council, Councilman Calista requests that the Resolution entitled "Resolution Engaging Parmalee, Bacon & Associates, Certified Public Accountants, to make an audit for fiscal year ending June 30, 1990, and appropriating $24,900.00" be amended by adding to the second paragraph, as follows:

"and that the auditing firm shall be present at the first meeting in January, 1991, to discuss the audit status"

Upon Motion made by Councilman Calista, seconded by Councilman Barry, the following amendment to the Resolution entitled "Resolution Engaging Parmalee, Bacon & Associates, Certified Public Accountants, to make an audit for fiscal year ending June 30, 1990, and appropriating $24,900.00" is approved on a roll call vote as follows:

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

Noes - Councilman Doyle.

"and that the auditing firm shall be present at the first meeting in January, 1991, to discuss the audit status"

The following resolution is read and passed AS AMENDED on a roll call vote, as follows:

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

Noes - Councilmembers Doyle and William Lynch.

Resolution Engaging Parmalee, Bacon & Associates, Certified Public Accountants, to make an audit for fiscal year ending June 30, 1990, and appropriating $24,900.00 AS AMENDED

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 and Rabbitt.

Noes - 0

032      Resolution Accepting the Care and Burial Lot of Norman M. Messier.

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 and Rabbitt.

Noes - 0

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.

The following resolution is taken up:

588      Resolution Instructing the Director of Public Works to Install Two Fully Actuating Traffic Lights at the Intersection of Monticello Road and East Pawtucket Industrial Highway; and Webster Street and East Pawtucket Industrial Highway.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

With majority consent of the Council, Councilman Rabbitt requests that the Resolution entitled "Resolution Instructing the Director of Public Works to Install Two Fully Actuating Traffic Lights at the Intersection of Monticello Road and East Pawtucket Industrial Highway; and Webster Street and East Pawtucket Industrial Highway" be amended by adding to the sixth paragraph, as follows:

NOW, THEREFORE, BE IT RESOLVED THAT THE PAWTUCKET CITY COUNCIL AT THE REQUEST OF COUNCILMAN KEVIN J. RABBITT INSTRUCTS THE DIRECTOR OF PUBLIC WORKS TO TAKE THE NECESSARY STEPS IMMEDIATELY TO PURCHASE AND INSTALL TWO FULLY ACTUATING TRAFFIC LIGHTS AT THE INTERSECTION OF MONTICELLO ROAD AND EAST PAWTUCKET INDUSTRIAL HIGHWAY AND WEBSTER STREET AND EAST PAWTUCKET INDUSTRIAL HIGHWAY.

Upon Motion made by Councilman Rabbitt, seconded by Councilman Barry, the following amendment to the "Resolution Instructing the Director of Public Works to Install Two Fully Actuating Traffic Lights at the Intersection of Monticello Road and East Pawtucket Industrial Highway; and Webster Street and East Pawtucket Industrial Highway" is approved on a roll call vote as follows:

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

Noes - 0

NOW, THEREFORE, BE IT RESOLVED THAT THE PAWTUCKET CITY COUNCIL AT THE REQUEST OF COUNCILMAN KEVIN J. RABBITT INSTRUCTS THE DIRECTOR OF PUBLIC WORKS TO TAKE THE NECESSARY STEPS IMMEDIATELY TO PURCHASE AND INSTALL TWO FULLY ACTUATING TRAFFIC LIGHTS AT THE INTERSECTION OF MONTICELLO ROAD AND EAST PAWTUCKET INDUSTRIAL HIGHWAY AND WEBSTER STREET AND EAST PAWTUCKET INDUSTRIAL HIGHWAY.

The following Resolution is read and passed as AMENDED on a roll call vote, as follows:

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

Noes - 0

588      Resolution Instructing the Director of Public Works to Install Two Fully Actuating Traffic Lights at the Intersection of Monticello Road and East Pawtucket Industrial Highway; and Webster Street and East Pawtucket Industrial Highway. AS AMENDED

Submitted by:   Kevin J. Rabbitt, Councilman District Three

THE CHAIR RECOGNIZES COUNCILMAN ROBERT LYNCH.

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

Resolution Congratulating Dr. Albert Giorgio on His Retirement.

Submitted by: Robert W. Lynch Councilman-at-Large.

Upon Motion made by Councilman Robert Lynch, 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 and Rabbitt.

Noes - 0

588      Resolution Congratulating Dr. Albert Giorgio on His Retirement.

Submitted by:   Robert W. Lynch Councilman-at-Large.

THE CHAIR RECOGNIZES COUNCIL PRESIDENT HOULE.

With majority consent of the Council, Council President Houle introduces the following entitled resolution:

588      Resolution Honoring Councilman James E. Doyle for Twenty Years of Service as a Councilman Representing District Two.

Upon Motion made by Council President Houle, seconded by the entered Council, 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 and Rabbitt.

Noes - 0

Resolution Honoring Councilman James E. Doyle for Twenty Years of Service as a Councilman Representing District Two.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT, CHAIRMAN OF THE PUBLIC WORKS COMMITTEE.

With majority consent of the Council, Councilman Rabbitt introduces the following entitled resolution with a recommendation of passage:

18        Resolution Providing for Sewer Extension on Palm Street 150 Feet Westerly from the Existing Sewer Line.

Upon Motion made by Councilman Rabbitt, seconded by Councilman Robert Lynch, 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 and Rabbitt.

Noes - 0

Resolution Providing for Sewer Extension on Palm Street 150 Feet Westerly from the Existing Sewer Line.

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

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

Noes - 0

Ordinance in Prohibition against Transfer Stations (AS AMENDED).

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

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

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:

Ordinance Regarding Prompt Payment by City.

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

FLEA MARKET (Renewal)

People’s Exchange Inc. d/b/a People’s Exchange for Flea Market, at 560 Mineral Spring Avenue, LIC #747 GRANTED WITH THE FOLLOWING RESTRICTIONS:

1.         Limited to 125 merchants

2.         Fire Marshall inspection & approval

3.         Hours Limited to Saturday & Sunday 9:00 AM - 5:00 PM

ENTERTAINMENT

Vietnam Veterans Motorcycle Club of RI for license to conduct Britt Small & Festival Concert (Patriotic & Country Music) in Leroy Theatre 66 Broad Street, on Friday, October 5 1990 at 8:00 PM - 12 Midnight. LIC #612

SUNDAY SALES (First Class) NEW

Jean B Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market) at 360 Broad Street (Pawtucket Portion of Former Train Station) LIC #111

VICTUALLING HOUSE (First Class)

Roger G. Berard d/b/a The Oasis (PREVIOUS OWNERS KENNETH M. COLLINS & PAUL R CONTE d/b/a Ride’s Restaurant, LIC #255

Club Crescendo Inc (transfer from Latin Quarters Inc) at 682–684 Roosevelt Avenue, LIC #254

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

David J. Beland - $20.00

Maria Mortagua - $326.40

THE CHAIR RECOGNIZES COUNCILMAN BARRY.

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

The Clerk is instructed to send a communication to Philip Segal, President of Almac’s Inc., regarding the Almacs store on East Avenue, in Pawtucket.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

With majority consent of the Council, Councilman Rabbitt submits the following entitled communication:

028      Communication from Stephen T. Day, to Councilman Kevin J. Rabbitt, Chairman of Public Works Committee. (Edgeworth Avenue Lot #541, Plat #77 - Sewer and Water Permission)

Upon Motion made by Councilman Rabbitt, seconded by Councilman Calista, the following communication is Read and Ordered Filed and Referred to the Public Works Committee.

Communication from Stephen T. Day, to Councilman Kevin J. Rabbitt, Chairman of Public Works Committee. (Edgeworth Avenue Lot #541, Plat #77 - Sewer and Water Permission)

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to Louis Simon, Acting Director of Public Works, asking for his opinion on the enclosed request by Mr. Steven T. Day to tiein to the Pawtucket Sewer and Water Systems.

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 Louis Simon, Acting Director of Public Works, regarding the 50/50 sidewalk program.

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 Mayor Brian J. Sarault, and Christine N. Tague, Finance Director, asking what will happen with the $1.1 Million Dollars savings that resulted from passage of the Sewer Bill at the State House this year.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

The Clerk is instructed to send a communication to Todd Olbrych, Building Official, requesting him to send a letter to all candidates running for office who have political signs posted in violation of the City’s political sign ordinance, informing them of the violations. Please send them a copy of the sign ordinance and do whatever is necessary to enforce the ordinance.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

In the future, the Audit Bid Proposals will be prepared by the Finance Committee of the City Council rather than the Finance Department.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

The Clerk is instructed to send a communication to Fred E. Joslyn, Jr., City Solicitor, requesting that he prepare legislation for the 1991 General Assembly session which would put the local P.B.A. Restrictions into the state enabling act.

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

July 25, 1990 - Regular City Council Session
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