City Council, October 24, 1990.
A regular session of the City Council is held Wednesday, October 24, 1990, at eight four o’clock p.m. All the members are present and President Houle presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
An 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" (Designation of Historic District)
THE COUNCIL RECONVENES AT NINE O’CLOCK P.M.
The reading of the records of October 10, 1990, is dispensed with and the records are approved as prepared by the Clerk.
Upon Motion made by Councilman Barry, seconded by Councilman Vieira the *Consent Agenda is approved on a unanimous voice vote.
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
COUNCILMAN DOYLE LEAVES THE COUNCIL CHAMBER AT NINE FOUR O’CLOCK P.M.
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" (Designation of Historic Districts) IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, Councilman Barry requests that 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" (Designation of Historic Districts) BE AMENDED AS FOLLOWS TO INCLUDE THE FOLLOWING LOTS:
| Plat | Lot # (Engineer’s) | Lot (Zoning Map) |
| 32B | 142, 143, 2 | 61, 2 |
| 42B | 3 | 3 |
| 68B | 9 | 9 |
| 69A | 9 | 9 |
| 32A | 66 and 114 | 66 and 114 |
On Plat 32B the zoning map, Lot 61 is now designated as Lots 142 and 143.
In the Quality Hill Area on Plat 22A Lot 260, a clearer description is "Cottage Street - Hiker Park and vacant State land at the intersection of Underwood Street and Cottage Street.
Upon Motion made by Councilman Barry, seconded by Councilman Vieira, 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" (Designation of Historic Districts) is passed on a roll call vote as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.
Noes - 0
| Plat | Lot # (Engineer’s) | Lot (Zoning Map) |
| 32B | 142, 143, 2 | 61, 2 |
| 42B | 3 | 3 |
| 68B | 9 | 9 |
| 69A | 9 | 9 |
| 32A | 66 and 114 | 66 and 114 |
On Plat 32B the zoning map, Lot 61 is now designated as Lots 142 and 143.
In the Quality Hill Area on Plat 22A Lot 260, a clearer description is "Cottage Street - Hiker Park and vacant State land at the intersection of Underwood Street and Cottage Street.
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, Robert Lynch, William Lynch, Rabbitt and Vieira.
Noes - 0
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" (Designation of Historic Districts).
THE FOLLOWING COMMUNICATIONS SUBMITTED AT THE PUBLIC HEARING REGARDING 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" (Designation of Historic Districts) AND READ AND ORDERED FILED:
Communication from William H. Siles, Director and CEO, Slater Mill Historic Site, to Richard J. Goldstein, Clerk of the Council. (Historic District)
Communication from John M. Thompson, to City Council Members. (Historic District)
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, the following Motion made by Councilman Rabbitt, seconded by Councilmen Calista and William Lynch, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Paul Mowry, Planning Department, requesting that he look into whether or not the property on Plat 68, lot 11, should be included in "An Ordinance in Amendment of Chapter 31 of the Revised Ordinances of the City of Pawtucket, Rhode Island, 1966, entitled "Zoning" (Designation of Historic Districts)".
A response to this letter is requested in time for the meeting of November 7, 1990.
COUNCILMAN DOYLE RETURNS TO THE CITY CHAMBER AT 9:07 PM.
THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.
With majority consent of the Council, the following Motion made by Councilman William Lynch, seconded by the Councilman Robert Lynch, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Christine N. Tague, Finance Director, requesting her to get together with Lou Simon, to determine if funding is available or can be found to install an advanced left-turn signal at Cottage Street/Newport Avenue intersection, for south bound traffic. According to Mr. Simon the cost of installing this signal would be less than $10,000.
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 Matthew J. Gill, Jr., Director of Department of Transportation, requesting for a status report on the installation of advanced left-turn signals at the intersection of Armistice Boulevard and Central Avenue; and at the intersection of Lonsdale Avenue and Mineral Spring Avenue in Pawtucket.
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 unanimous voice vote:
The Clerk is instructed to send a communication to the Members of the Pawtucket Delegation to the General Assembly, regarding Title 37, Chapter 7, Sections 3 and 4 of the General Laws of the State of Rhode Island, which specifies a thirty day period from the date of receipt for a Municipality to exercise its preemptive rights to purchase surplus state land. Because the decision requires both the recommendation from the Planning Commission and a vote of the City Council, thirty days is insufficient time to make a decision on these matters. The Council requests that an amendment be prepared to extend the time for a Municipality to exercise its rights from thirty days to sixty days.
Petition for Second Hand Shop License of John Pappas d/b/a John’s Odds and Ends, at 591 Main Street, Tax Assessor’s Plat 53, Lot 267, to keep a shop for the purpose of purchasing and selling second hand articles, specifically Antiques and Second Hand Items, which was advertised for a hearing at this time, is taken up: LIC #112
Speaking in favor is Debbie Dean, 66 Earl Street, Central Falls, RI.
Ms. Dean states that she is Mr. Pappas’ daughter and he is unable to attend the Public Hearing. She will be working in the store selling furniture and Odds and Ends.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilman Robert Lynch, seconded by Councilman Vieira, the petition for Second Hand Shop License of John Pappas d/b/a John’s Odds and Ends, at 591 Main Street, Tax Assessor’s Plat 53, Lot 267 is LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
THE CLERK IS INSTRUCTED TO REQUEST MR. PAPPAS TO ATTEND A PRE-COUNCIL SESSION SCHEDULED FOR WEDNESDAY, NOVEMBER 7, 1990, IN THE CITY COUNCIL CHAMBER, REGARDING HIS APPLICATION FOR SECOND HAND SHOP LICENSE.
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, Rabbitt and Vieira.
Noes - Councilman William Lynch.
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
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, Councilman Barry introduces the following Communication:
Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the following Communication 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 Doyle, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Christine N. Tague, Finance Director, requesting more information on the upcoming lease purchase program. Specifically, the Council would like to know the background on using lease purchase; why was lease purchase chosen as the method of buying this equipment; what types of equipment will be purchased with this program; and any other information that is pertinent to this program.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, the following Motion made by Councilman Calsita, seconded by Councilman Barry, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to the Ordinance Committee, requesting that they review current ordinances regarding lease purchasing and recommend if any changes should be made.
THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.
With majority consent of the Council, the following Motion made by Councilman William Lynch, seconded by Councilman Barry, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Fred E. Joslyn, Jr., City Solicitor, requesting a legal opinion on the lease purchase ordinance; specifically what types of lease purchase agreements is the ordinance limited to; and any recommendations on expanding the ordinance to include different types of lease purchase arrangements.
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, Councilman Barry submits the following communications:
Communication from Christine N. Tague, Director of Finance, submitting bids for the sale of $2,130,000 Bond Anticipation Notes and the sale of $12,000,000 Tax Anticipation Notes and recommending bid be awarded as follows:
BOND ANTICIPATION NOTES
Fleet Norstar Securities $2,130,000
TAX ANTICIPATION NOTES
Citizen’s Trust - $1,000,000
Fleet Norstar Securites - $6,000,000
Bank of New England - $3,000,000
Roosevelt and Cross - $2,000,000
With majority consent of the Council, the following communications submitted by Councilman Barry, seconded by Councilman Kinder, are READ AND ORDERED FILED:
Communication from Christine N. Tague, Director of Finance, regarding the sale of $12,000,000 Tax Anticipation Notes and $2,130,000 Bond Anticipation Notes.
BOND ANTICIPATION NOTES
Fleet Norstar Securities $2,130,000
TAX ANTICIPATION NOTES
Citizen’s Trust - $1,000,000
Fleet Norstar Securites - $6,000,000
Bank of New England - $3,000,000
Roosevelt and Cross - $2,000,000
Upon Motion made by Councilman Barry, 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
$1,000,000 - Citizen’s Trust
$6,000,000 - Fleet Norstar Securities
$3,000,000 - Bank of New England
$2,000,000 - Roosevelt and Cross
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, and to Christine N. Tague, Finance Director, asking if the City has a mechanism in place to refinance its bonded indebtedness in order to take exists, what must the City do to have such a mechanism; further requested is what is the total bonded indebtedness of the City.
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
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, Robert Lynch, Rabbitt and Vieira.
Noes - Councilmembers Doyle and William Lynch.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE PROPERTY COMMITTEE 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 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, Rabbitt and Vieira.
Noes - 0
Ordinance Amending Chapter 2145 of the Ordinances of the City of Pawtucket Fixing the Salaries of Heads of Department and Other Officers of the City of Pawtucket. (Animal Control Officers Assistant Planner)
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, Rabbitt and Vieira.
Noes - 0
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)
THE CHAIR RECOGNIZES COUNCILMAN KINDER.
COUNCILMAN J. RAYMOND KINDER READS THE FOLLOWING STATEMENT INTO THE RECORD:
The initial arguments in favor of the so-called "prompt pay ordinance" seemed rather convincing. In fact, it was not until the evening of the first passage of the first introduction of this ordinance that I had heard anything negative regarding the matter.
On that evening I cast a favorable vote for the ordinance in the only public vote I had participated in regarding the subject. Since that time, however, I have done extensive and independent research on the subject in my efforts to serve the citizens of Pawtucket.
Some of the very arguments used in favor of this ordinance are some of the main reasons I will cast a negative vote on it tonight. I am referring to the argument that "this is what the state does". As more and more revelations come forward about the inefficiencies in state government, this is to me just one more in a long line of them. I don’t see where the implementation of this program on the state level has improved the bidding process or the procedures used in procurements within the state government. Indeed, the system is failing the people of Rhode Island miserably.
The second argument used in favor was stories of businesses who had thousands of dollars tied up for long periods of time. At first there was no denial of these charges, but upon further checking it just wasn’t true at all. It was a failure of a single business to follow purchasing procedures that are reasonable and simple that led to misunderstandings.
As a businessperson, I can understand why some invoices are legitimately paid late. In addition to normal cash flow problems, there are questions regarding quality of goods, disputes over services and other such normal business concerns.
Some other considerations I had was the fact there are no complaints from the Chamber of Commerce, and I have not had a complaint from any businessperson I know within the City of Pawtucket. There is no doubt in my mind that at the very least there would have to be at least one additional staff person hired in the Accounting Department.
Economic conditions are worsening on a daily basis, and this is not time to conduct an experiment that at best will cost thousands of dollars when there has been no demonstrated need or benefit to obtain from such an ordinance.
The following Ordinance is read for the first time and Defeated on a roll call vote, as follows:
Ayes - Councilmembers Barry, Calista, Doyle and William Lynch.
Noes - President Houle, Councilmembers Kinder, Robert Lynch, Rabbitt and Vieira.
THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.
With majority consent of the Council, Councilman William Lynch introduces the following ordinance:
Ordinance Entitled an Ordinance to Establish a Juvenile Hearing Board in the City of Pawtucket.
Upon Motion made by Councilman William Lynch, seconded by Councilman Barry, the following ordinance is Laid on the Table and Referred to the Ordinance Committee on a unanimous voice vote:
Ordinance Entitled an Ordinance to Establish a Juvenile Hearing Board in the City of Pawtucket.
THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.
With majority consent of the Council, Councilman William Lynch introduces the following communication:
Upon Motion made by Councilman William Lynch, seconded by Councilman Barry, the following communication is Read and Ordered Filed:
Communication from Councilman William J. Lynch, to Allen, Duquette & Associates. (Audit and Management letter, City of Pawtucket Year ending June 30, 1989)
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
Ordinance to Amend Chapter 2055 (As Amended) Entitled "Ordinance Establishing the P.A.R.E. Program"
Ordinance in Amendment of Chapter 1401 as Amended of the Ordinances of the City of Pawtucket, Entitled "Establishment of Police Court" (Section 11 - Fine, Penalty, Imprisonment)
THE FOLLOWING ORDINANCE IS TAKEN UNDER ADVISEMENT.
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
SUNDAY SALES (First Class) NEW
Eleni Hernandez d/b/a Jenny’s Market, 704 Broadway, LIC #171
SUNDAY SALES (Second Class) NEW
Hit or Miss Inc., 50 Ann Mary Street, LIC #174
Luz Inez Rubio and Amparo S Rubio d/b/a Rubio’s, 181 Pawtucket Avenue, LIC #173
VICTUALLING HOUSE (First Class) NEW
J.J.A.N. Inc d/b/a Mr. K’s Deli, 1177 Central Ave LIC #236
VICTUALLING HOUSE (First Class)
Richard Davey d/b/a Kathy’s Kitchen (transfer from Chowder Shack Inc) 350 Prospect Street, LIC #235
Karapet Kozinian d/b/a Pleasant View Pizza (transfer from Pleasant View Pizza Inc) 570 Broadway & 78 Lilac Street (Thrifty Plaza) LIC #260
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Blackstone Valley Electric Co. - $604.70
Gail Cabral - $6,280.00
Lisa J. Ledoux - $55.00
Daniel Nason - $758.05
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 instruction to send a communication to Roger F. Giraud, Director of Planning and Development, asking what the immediate plans are for improving the lighting at Slater Park. Also, Councilman Rabbitt would like your comments on the enclosed letter from the Friends of Slater Park.
A response to this letter is requested in time for the meeting for November 7, 1990.
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:
The Clerk is instructed to send a communication to Louis Simon, Acting Director of Public Works, requesting that the area around the Bowling Green and the area around the pumping station at Slater Park, be cleaned up. Councilman Rabbitt received complaints about the cleanliness of these two areas in the Park.
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, Councilman Barry introduces the following petition:
Petition opposing the Off Track Betting Site located on the West River/Taft Street Site.
Upon Motion made by Councilman Barry, seconded by Councilman Vieira, the following petition is Read and Ordered Filed.
Upon Motion made by Councilman Barry, seconded by Councilman Vieira, the meeting is adjourned at ten two o’clock p.m.