November 21, 1990 - Regular City Council Session

City Council, November 21, 1990.

A regular session of the City Council is held Wednesday, November 21, 1990, at seven forty one o’clock p.m. All the members are present except Councilman Doyle and Robert Lynch and President Houle presides.

The reading of the records of November 7, 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:

592 A. Communication from Roger F. Giraud, Executive Director, Pawtucket Redevelopment Agency, to City Council. (Rehabilitation Loan Program)

2 C. Communication from Francis W. Boisclair, Fire Chief, City of Pawtucket, to Richard J. Goldstein, Clerk of the City Council. (Rescue vehicle)

611 E. Communication from Christine N. Tague, Finance Director, to Richard J. Goldstein, Clerk of the Council. (Concerning plans to purchase a rescue vehicle)

061 F. Communication from Christine N. Tague, Finance Director, to Members of the City Council. (Fiscal period From July 1, 1990, through August 31, 1990)

592 G. Communication from Roger F. Giraud, Director of Planning and Development, to City Council. (Historic District Ordinance)

028 H. Communication from John A. Parmelee, CPA Managing Partner, Parmelee Bacon & Edge, to President and Members of the City Council. (Status of the June 30, 1990 Audit)

623 I. Communication from Martin E. Joyce, Jr., Personnel Director, to Richard J. Goldstein, Clerk of the Council. (Pay Ordinance)

611 B. Communication from Christine N. Tague, Finance Director, to Richard J. Goldstein, Clerk of the Council. (Refinancing of existing debt structure) 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 Christine N. Tague, Finance Director, regarding her letter concerning refinancing of bonds. Specifically, what is the cost to the City for adding a call option on all future bonds and what mechanism is required to include said call options.

622 D. Communication from Frank A. Rendine, P.E., Director, Division Zoning & Code Enforcement, to Richard Goldstein, Clerk of the Council. (Proposed Permit Fee Revisions) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN BARRY.

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

The Clerk is instructed to send a communication to Louis Simon, Acting Director of Public Works, and Frank Rendine, Director of Zoning Code Enforcement, about large item trash left on the sidewalks. Specifically, Councilman Barry would like to know the policy on finding people who leave the trash on the sidewalks; how much time is allowed before the offending party is brought into court or fined; and any suggestions either of them have on preventing people from leaving this trash on the sidewalks.

584 J. Communication from M. Paul Sams, Executive Director, Blackstone Valley District Commission, to Richard J. Goldstein, Clerk of the Council. (Funding sewer pipes) 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 Roger F. Giraud, Director of Planning and Development, requesting him to contact Paul Sams from the Blackstone Valley District Commission regarding his letter about funds available for sewer projects and improvements in the City of Pawtucket. Councilman Rabbitt would like any funding that is available to be procured as soon as possible.

Communication from Roger F. Giraud, Director of Planning and Development, to City Council. (Petition for Street Acceptance) is REFERRED TO THE PUBLIC WORKS COMMITTEE AND CITY PLANNING COMMISSION.

590 Communication from Mayor Brian J. Sarault, to the City Council. (Veto Message for Four Way Stop Sign Ordinance - Gooding Street and Park Street) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

330 CH 2165 With majority consent of the Council upon Motion made by Councilman William Lynch seconded by Councilman Rabbitt the Veto of Mayor Sarault regarding Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "The Traffic Ordinance." (4-Way Stop Signs - Gooding Street and Park Street) is OVERRIDDEN on a roll call vote, as follows:

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

Noes - 0

Communication from Joseph A. Piccardi, Assistant Director, Rhode Island Department of Transportation, to Richard J. Goldstein, Clerk of the Council. (Disposition of Surplus State Land Plat 962, Parcels 15, 16 & 17) (Cottage Street) is REFERRED TO THE PLANNING COMMISSION AND PROPERTY COMMITTEE.

609 Petition from Pamela K. Greenwood, C.S. Manager - Right of Way, New England Telephone Company, to Richard J. Goldstein, Clerk of the Council. (Division Street/South Bend Street) is approved PENDING APPROVAL DIRECTOR OF PUBLIC WORKS.

UPON RECOMMENDATION OF THE PROPERTY COMMITTEE, THE FOLLOWING COMMUNICATION FROM Joseph A. Piccardi, Assistant Director, Rhode Island Department of Transportation, to Richard J. Goldstein, Clerk of the Council. (Disposition of Surplus State Land Plat 1172, Parcel (s) 1 & 1 A) (Haywood Street & Newell Avenue) is DECLINED ON A UNANIMOUS VOICE VOTE:

THE FOLLOWING RESOLUTION IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:

023 Resolution Regarding Community Counseling Center Pledge of Security.

COUNCILMAN WILLIAM LYNCH ABSTAINS.

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

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

Noes - 0

Resolution Congratulating Broadway Tire on its Fiftieth Year in Business.

Submitted by: Councilman William J. Lynch, District One.

THE FOLLOWING ORDINANCE IS TAKEN UP:

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" (Designations of Historic Districts) AS AMENDED

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

With majority consent of the Council, Councilman Calista requests that the 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" (Designations of Historic Districts) AS AMENDED, be further amended as follows:

INCLUDE THE FOLLOWING LOT UNDER PUBLIC PROPERTIES:

Plat 68B Lot 11

DELETE THE FOLLOWING LOT:

124 Walcott Street, Plat 21A, Lot 200.

Upon Motion made by Councilman Calista, seconded by Councilmen Barry and Kinder, the following amendment to the Ordinance Entitled 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" (Designations of Historic Districts) AS AMENDED is passed on a roll call vote, as follows:

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

Noes - 0

INCLUDE THE FOLLOWING LOT UNDER PUBLIC PROPERTIES:

Plat 68B Lot 11

DELETE THE FOLLOWING LOT:

124 Walcott Street, Plat 21A, Lot 200.

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

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

Noes - 0

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

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

Noes - 0

330 CH 2167 Ordinance Regulating the Licensing of Mobile Prepared-Food Vendors in the City of Pawtucket AS AMENDED

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

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

Noes - 0

330 CH 2168 Ordinance to Amend Chapter 1235 of the Ordinances of the City of Pawtucket Entitled "Fees and Rules and Regulations for Licenses"

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

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

Noes - 0

330 CH 2169 Ordinance to Amend Chapter 2055 (as amended) entitled "Ordinance Establishing the P.A.R.E. Program."

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

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

Noes - 0

330 CH 2166 Ordinance in Amendment of Chapter 1401 As Amended of the Ordinances of the City of Pawtucket, Entitled "Establishment of Police Court" (Section 11 - Fines, Penalty, Imprisonment)

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE PLANNING COMMISSION ON A UNANIMOUS VOICE VOTE:

Ordinance Authorizing and Directing the Director of Finance to Execute and Deliver to the Pawtucket Redevelopment Agency a Deed of Land for Property on Branch Street, also designated as Lot 61, on Plat 6 of the Tax Assessor of the City of Pawtucket.

THE FOLLOWING ORDINANCE IS TAKEN UP:

Ordinance repealing Chapters 1815 and 1935 of the Ordinances of the City of Pawtucket, also known as Chapter 6, Section 13.1 of the Revised Ordinances of the City of Pawtucket, Establishing a Fee Schedule for Building, Electrical, Plumbing Permits.

THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.

With majority consent of the Council, Councilman Vieira requests that the Ordinance Entitled Ordinance repealing Chapters 1815 and 1935 of the Ordinances of the City of Pawtucket, also known as Chapter 6, Section 13.1 of the Revised Ordinances of the City of Pawtucket, Establishing a Fee Schedule for Building, Electrical, Plumbing Permits BE AMENDED AS FOLLOWS:

1. Revise "Building Permit Extension Fee" to "PERMIT EXTENSION FEE"

2. Revise "Building Permit Late Application Free" to LATE PERMIT APPLICATION FEE"

3. Add:

FAILED INSPECTION FEE

IN THE EVENT OF A FAILED INSPECTION, A FEE OF $50.00 SHALL BE CHARGED FOR THE NECESSARY REINSPECTION OF THE CORRECTED WORK. THE FAILED INSPECTION FEE SHALL BE PAID PRIOR TO THE APPROVAL OF THE FINAL REINSPECTION.

Upon Motion made by Councilman Vieira, seconded by Barry and Kinder, the following amendment to the Ordinance Entitled Ordinance repealing Chapters 1815 and 1935 of the Ordinances of the City of Pawtucket, also known as Chapter 6, Section 13.1 of the Revised Ordinances of the City of Pawtucket, Establishing a Fee Schedule for Building, Electrical, Plumbing Permits, is passed on a roll call, vote as follows:

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

Noes - 0

1. Revise "Building Permit Extension Fee" to "PERMIT EXTENSION FEE"

2. Revise "Building Permit Late Application Free" to LATE PERMIT APPLICATION FEE"

3. Add:

FAILED INSPECTION FEE

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

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

Noes - 0

THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Ordinance Establishing a Pay Plan for the City of Pawtucket and Repealing Chapter 2162.

Ordinance Fixing the Salaries of Heads of Departments and other Officers of the City of Pawtucket and Repealing Chapter 2145.

THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 7, 1990, AND ARE TAKEN UP AND ARE AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE (First Class) RENEWALS

The American Polish Mutual Association, 927-929 Central Ave LIC#5

Arcadia Enterprises Inc., d/b/a Galateo, 210 Dexter Street LIC#1

Jan Companies d/b/a Burger King, 91 Cedar Street LIC#91

THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 7, 1990, AND IS TAKEN UP AND IS GRANTED ON A UNANIMOUS VOICE VOTE:

Tate’s Operating Donut-Dexter Inc d/b/a Mister Donut, 205 Dexter Street LIC#193

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

BINGO

Darlington American Little League, for license to conduct yearly bingo games at Dunnell Lane East, on Friday evenings for year ending 8/31/91 from 6:30 pm - 11:00 pm. LIC #759

PAWN SHOP LICENSE (NEW)

Howard S. Sperberg d/b/a Pawtucket Pawn Brokers, 69 Exchange Street, LIC #1

PRIVATE DETECTIVE

William A. Greco, 565 Smithfield Avenue, Pawtucket, RI LIC #102

SUNDAY SALES (Second Class) NEW

David M. Garceau d/b/a Grand Slam Sport Center, 706 Broadway, LIC #177

SUNDAY SALES (Fifth Class) NEW

Lori Ann DeSantis, 8 Summit Avenue, Johnston, RI, has peddler’s license to sell stuffed toys, LIC #176

VICTUALLING HOUSE (First Class) RENEWALS

Abbondanza Enterprises Inc d/b/a Storie’s Pizza, 295 Armistice Boulevard, LIC #219

Dice Pizza Inc., 549 Armistice Boulevard, LIC #56

Epaminondas Zarokostas d/b/a Maria’s Pizza, 477 Smithfield Avenue, LIC #184

Rhode Island Toreadors Junior Drum & Bugle Corps., 345 Barton Street, LIC #149

TAVERN SECOND CLASS (RENEWALS)

Leo Choiniere, 85 Montgomery Street, LIC #206

THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:

William A. Greco - Western Surety Company

John B. Neill, Jr., - surety - Western Surety Company

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

Adrien F. Blanchet - $538.45/681.00

Carlos DePina - $3,000.00

Richard Boynes - $203.00

Kevin Loiselle - $100,000.00

Maria Ramirez - No amount specified

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to Mayor Brian J. Sarault, and James Higgins, Safety Director, regarding radon testing in the City of Pawtucket. Specifically, Councilman Rabbitt would like them to set up an educational process to inform the public about radon testing; to check on the possibility of purchasing the radon test kits at bulk rates to help reduce the costs to the residents of the City (each kit would cost seventeen dollars ($17.00) from the Department of Health); and to set up a distribution system to get radon testing kits to the people.

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, submits the following amendments to the Ordinance entitled "Ordinance Governing the Purchase and/or Sale of Real Property," to be placed on the Docket of December 5, 1990, for first passage:

AMEND SECTION 1, LINE 2, ADD "OR LEASE"

AMEND SECTION 1, ADD "AFTER SAID SALE, PURCHASE OR LEASE HAS HAS BEEN REFERRED TO THE CITY PROPERTY COMMITTEE

AMEND SECTION 2, LINE 2 - ADD "OR LEASE"

AMEND SECTION 4, LINE 3 - ADD "AND/OR LEASE"

AMEND SECTION 4, LINE 5 - ADD "AND/OR LEASE"

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