September 5, 1990 - Regular City Council Session

City Council, September 5, 1990.

A regular session of the City Council is held Wednesday, September 5, 1990, at eight fifty eight o’clock p.m. All the members are present except Councilmembers Barry, and Kinder and President Houle presides.

The reading of the records of August 22, 1990, is dispensed with and the records are approved as prepared by the Clerk.

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

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028      B.         Communication from Ronald Machtley, Member of Congress, to Richard J. Goldstein, Clerk of the Council. (Deductibility of state and local taxes)

617      C.        Notice from State of Rhode Island and Providence Plantations Coastal Resources Management Council. (South of Route 95 - Taft Street)

592      D.        Memorandum from Roger F. Giraud, Director of Planning and Development, to Richard J. Goldstein, Clerk of the Council. (Employees Using City Vehicles)

592      E.         Communication from Roger F. Giraud, Director of planning and Development, to Honorable City Council, Raymond W. Houle, Jr., President of the Pawtucket City Council. (Transmittal of Comprehensive Plan Work Program)

028      F.         Communication from Philip J. Moran, to Council President Raymond Houle, Jr. (Election process in review of the City Charter)

614      H.        Communication from Louis S. Simon; Acting Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Work being done for the City of Pawtucket by Arrowhead Construction)

623      A.        Communication from Martin E. Joyce, Jr., Personnel Director, to Councilman William J. Lynch. (City and State retirement program) is Read and Ordered Filed.

At the request of Councilman William Lynch and Councilman Calista the Clerk is instructed to invite Martin Joyce, Director of Personnel and Robert Christie, Business Manger, School Administration Building, to a pre-council meeting on Wednesday, September 19, 1990, to discuss the early retirement options of the non-certified School employees of the City.

590      G.        Communication from Mayor, Brian J. Sarault, to Honorable W. Houle, Jr., President of the City Council. (Reorganization of the Divisions of Minimum Housing Standards and Building and Zoning) 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 Rabbitt, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Fred E. Joslyn, Jr., City Solicitor, regarding the preparation of Ordinances for the reorganization of the Zoning and Minimum Housing Standards Departments.

Further, the Council is requesting that a separate Ordinances be prepared for each new position which would be created or updated so that each position can be voted on separately.

Communication from Thomas E. Clement on behalf of Albert Vitali, requesting permission to tie into the Pawtucket Sewer System on Newport Avenue at man hole #3, on the East Providence, Pawtucket line is REFERRED TO COMMITTEE ON PUBLIC WORKS, CITY PLANNING COMMISSION, DIRECTOR OF PUBLIC WORKS, WATER SUPPLY BOARD AND CITY ENGINEER.

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

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

Petition for AUTO REPAIR SHOP LICENSE of Noah Sarno d/b/a Fairlawn Automotive Center, 610A Weeden Street, Tax Assessor’s Plat 47, Lot 504, for repairing automobiles, which was advertised for a hearing at this time, is taken up: #127

Speaking in favor is Noah Sarno, 610 Weeden Street, Pawtucket, Rhode Island.

Mr. Sarng states that there will be mechanical repairs and no body work, he also states that he understands the ordinance and he will keep the area clean.

There are no other speakers.

The hearing is closed.

Upon Motion made by Councilman Vieira, seconded by Councilman Robert Lynch, the following petition for AUTO REPAIR SHOP LICENSE of Noah Sarno d/b/a Fairlawn Automotive Center, 610A Weeden Street, is GRANTED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote. LIC #127

STIPULATIONS:

1.         No Auto Body Work.

2.         No Painting.

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

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

Noes - 0

032      Resolution Accepting the Care and Burial Lot of Lois H. Johnson.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA, CHAIRMAN, CAMPAIGN REFORM COMMITTEE.

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 Mayor Brian J. Sarault, to inform him of the Campaign Reform Committees’ indignation that the Political Signs Ordinances of the City are not being enforced and requests that they do be enforced.

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

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

Noes - 0

Resolution Proclaiming September 9-15 as Local Cable Programming week.

The following Ordinance is taken up:

023      Ordinance Regarding Prompt Payment by City. AS AMENDED

With majority consent of the Council the following Motion to Lay on the Table the Ordinance Regarding Prompt Payment by City. AS AMENDED is Defeated on a roll call vote as follows:

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

Ayes - Councilmembers Calista, Doyle and William Lynch.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

Upon Motion made by Councilman William Lynch, seconded by Councilman Doyle, the following Ordinance is Defeated on a roll call vote as follows:

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

Ayes - Councilman Calista, Doyle and William Lynch.

Ordinance Regarding Prompt Payment by City. AS AMENDED

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

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

Noes - 0

330      CH 2150 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)AS AMENDED

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

Ayes - President Houle, Councilmembers Calista, Doyle, 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 - Geneva Street Unity Street, Progress Street and Blodgett Avenue)

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

Ayes - President Houle, Councilmembers Calista, Doyle, 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 - Burgess Avenue and Balch Street)

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 - Francis Street and Power Road)

Submitted by: Councilman William Vieira, Jr.

Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "The Traffic Ordinance" (4-Way Stop Signs - Piave Street and Power Road)

Submitted by: Councilman William Vieira, Jr.

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of One Million ($1,000,000) Dollars Providing for Major Capital Improvements to the Transmission and Distribution System of the Pawtucket Water Supply Board in the City of Pawtucket.

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of Four-Hundred Fifty Thousand ($450,000) Dollars Providing for Repair, Reconstruction and Replacement of Highway Bridges in the City of Pawtucket.

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of One Million ($1,000,000) Dollars for Renovations and Additions to School Buildings in the City of Pawtucket.

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of Five-Hundred Thousand ($500,000) Dollars Providing for Repairing, Constructing and Reconstructing of Streets and Sidewalks in the City of Pawtucket.

Ordinance Authorizing in City of Pawtucket to Issue Bonds and Notes in the Sum of Two-Hundred Eighty Thousand ($280,000) Dollars Providing for Major Capital Repairs to the Sedimentation Basin of the Pawtucket Water Supply Board in the City of Pawtucket.

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of Three-Hundred Thirty Thousand ($330,000) Dollars Providing for Replacement of Lead Lined Customer Service Lines by the Pawtucket Water Supply Board in the City of Pawtucket.

At the request of Councilman William Lynch, the Clerk is instructed to invite Mr. Gene Jeffers, acting chief Engineer of the Pawtucket Water Supply Board, to a pre-council meeting on Wednesday, September 13, 1990, to discuss the coordination of Water Bonds with the Bonds of the Public Buildings Authority.

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

SUNDAY SALES (SECOND CLASS)

Paplin Products Inc d/b/a The Craft Workshop (transfer from Craft Workshop Inc) at 435 Benefit Street, LIC #130

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

ENTERTAINMENT

St. Teresa’s Church, 358 Newport Avenue, Pawtucket, Rhode Island. LIC #616M

Upon Motion made by Councilman Calista, seconded by Councilman Rabbitt, the following license is granted WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:

STIPULATIONS:

1.         One side Parking only on Williston Way.

2.         Responsible to have either the detail police officer, or the auxiliary police enforce one side parking on Williston Way, every 15 min.

ENTERTAINMENT

St. Teresa’s Church, 358 Newport Avenue, Pawtucket, Rhode Island. LIC #616M

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

Manuel Bettencourt – $897.57

Brian Marsolais – $1,025.00

Elaine Williams – $1,659.00/1,375.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Claim of Jean Babiec, in the amount of $49.95

Claim of Joseph Plante, the amount of $637.36

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY ARE DENIED:

Claim of David Beland, in the amount of $20.00

Claim of Rev. Jackson, in the amount of $396.92

Claim of Maria Mortagua, in the amount of $326.40

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 Fred E. Joslyn, Jr., City Solicitor, to ask if taxpayers have a basis to file a class action suit against the City of Pawtucket due to damage to property by the back up in the sewer system. If they do not, what other legal recourse to the taxpayers have.

A response to this letter is requested in time for the meeting of October 10, 1990,

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

With majority consent of the Council, the following Motion was 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, asking him to look into the problem with sewer backups in the Darlington area, especially due to the financial and health problems that these backups create. Specifically the Council would like to know three things.

1.         Estimate of the cost to correct the problem in the Darlington Area.

2.         What funding is available or could be applied for to correct this problem.

3.         What steps could be taken to alleviate this problem in the very near future.

A response to this letter is requested in time for the meeting on October 24, 1990.

THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.

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

The Clerk is instructed to send a communication to James Higgins, Director of Public Safety, the first to commend you for the work that you and your police force have done on Barton Street over the last two weeks; second, to ask for the status on the foot patrol that was strongly requested at the meeting of August 22, 1990; and finally to ask if the names of the males arrested at the last sweep have been sent to the media, and if not, if they could be sent as soon is possible.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

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

The Clerk is instructed to send a communication to Fred E. Joslyn, Jr., City Solicitor, concerning the Status of the Prompt Pay Ordinance that was requested by the Council on a Motion by Councilman Rabbitt.

Councilman William Lynch would like to compare the ordinance you have prepared with the one he has prepared.

A response to this letter is requested in time for the meeting of October 10, 1990.

Upon Motion made by Councilman Vieira seconded by Councilman Robert Lynch, the meeting is adjourned at ten seven o’clock p.m.

September 5, 1990 - Regular City Council Session
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