City Council, December 11, 1991.
A regular session of the City Council is held Wednesday, December 11, 1991, at eight ten o’clock p.m. All the members are present except Councilman Robert Lynch and President Barry presides.
The reading of the records of November 20, 25, 1991, are dispensed with and the records are approved as prepared by the Clerk.
THE COUNCIL RECESSES AT EIGHT ELEVEN O’CLOCK PM TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECESSES AT EIGHT TWENTY-EIGHT O’CLOCK PM TO CONDUCT A PUBLIC HEARING REGARDING AN 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 31-30 (b) -Nonconforming lots.)
THE COUNCIL RECONVENES AT EIGHT THIRTY O’CLOCK PM.
Upon Motion made by Councilman Vieira, seconded by Councilman Kinder the *Consent Agenda is approved on a unanimous voice vote.
THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, the following Motion made by Councilman Rabbitt, seconded by Councilman William Lynch, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Raymond Gannon, Acting Director Pawtucket Housing Authority asking that he look into the availability of federal funds for a children’s playground area at Prospect Heights, as outlined in a letter from Representative Mabel Anderson.
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, the following Motion made by Councilman Rabbitt, seconded by Councilmen Vieira and Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Gerald J. Pouliot, Acting City Solicitor, to ask for a legal opinion on the Absentee Landlord Ordinance.
PRESIDENT JOHN J. BARRY, III, RELINQUISHES THE CHAIR TO PRESIDENT PRO-TEMPORE WILLIAM LYNCH.
The following matter is Laid on the Table on a roll call vote, as follows:
Ayes - President William Lynch, Councilmembers Barry, Calista, Doyle, Kinder, Rabbitt and Vieira.
Noes - 0
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, the following Motion made by Councilman Rabbitt, seconded by Councilman Barry, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Gerald J. Pouliot, Acting City Solicitor, to review the lease and respond with his comments on it.
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, the following Motion made by Councilman Barry, seconded by Councilman Rabbitt, is passed on a roll call vote as follows:
Ayes - President William Lynch, Councilmembers Barry, Calista, Doyle, Kinder, William Lynch and Rabbitt.
Noes - Councilman Vieira.
The Clerk is instructed to send a communication to Eugene O. Jeffers, P.E., Chief Engineer, Water Supply Board, to advertise the availability of the Stearns House.
PRESIDENT JOHN J. BARRY, III, RESUMES AS PRESIDENT.
Petition for AUTOMOBILE REPAIR SHOP LICENSE of John Jeha d/b/a Jeha’s Texaco (Previous owner Miller’s Tire Center Inc) at 76 Newport Avenue, Tax Assessor’s Plat #40, Lots #154, 155, 156, 646, 151, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC #124
Speaking in favor is John Jeha, 122 Blackburn Street, Pawtucket, RI.
Mr. Jeha states that he has had a gas station and repair shop for 25 years, there is no towing now, but he will do so later.
Mr. Jeha states that he will not use the lot behind the Texaco Station, because it does not belong to him.
Speaking in opposition is Dorthy Donnelly, 98 Newport Avenue, Pawtucket, RI.
Ms. Donnelly states that she does not live on this property, but her family owns it.
Ms. Donnelly is concerned about noise, signage close to the property line, and the condition of the stockade fence. She also wants to know why all oil tanks were changed 2-3 years ago.
She also is concerned about oil leaks.
Speaking in opposition is James Lunderville, 421 Williston Way.
Mr. Lunderville states that he is concerned about body work at the establishment and tow trucks on the sidewalk.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilman Rabbitt, seconded by Councilman Vieira, the following petition is GRANTED WITH THE FOLLOWING STIPULATIONS, on a unanimous voice vote:
*STIPULATIONS:
1. Maintain 6ft. stockade fence.
2. Inform City Council prior to doing any towing.
Petition for AUTOMOBILE REPAIR SHOP LICENSE of John Jeha d/b/a Jeha’s Texaco (Previous owner Miller’s Tire Center Inc) at 76 Newport Avenue, Tax Assessor’s Plat #40, Lots #154, 155, 156, 646, 151. LIC #124
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, the following Motion made by Councilman Rabbitt, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Saverio Mancieri, Department of Environmental Management, regarding Miller’s Tire Center, Inc., located at 76 Newport Avenue in Pawtucket.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, Councilman Calista introduces the following entitled resolution:
Upon Motion made by Councilman Calista, seconded by Councilman Rabbitt, the following resolution is read and passed on a unanimous voice vote:
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, Councilman Rabbitt introduces the following communication:
Upon Motion made by Councilman Rabbitt, seconded by Councilman Calista, the following communication is Read and Ordered Filed and the work on Loring Parkway Adjacent to Slater Park is approved on a roll call vote as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
Communication from James Kulczycki, Jr., Director of Parks, to Richard J. Goldstein, City Clerk. (Prison Industries Bid on Slater Park)
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
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 Gerald J. Pouliot, Acting City Solicitor, requesting an update on the status report on the law suit against the State of Rhode Island regarding State Aide to Education.
The Council would also like him to contact the other communities in Rhode Island which have filed suit on the same matter, including but not limited to the newly filed suit by Exeter/West Greenwich, to determine if it is in Pawtucket’s best interest to join together in filing a joint law suit.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.
With majority consent of the Council, the following Motion made by Councilman William Lynch, seconded by Councilmen Doyle and Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Daniel P. Fanning, Director of Department of Transportation, regarding the work being done on Main Street in Downtown Pawtucket.
The Council is strongly requesting that this project be completed as quickly as possible to limit further adverse financial affects on the Downtown Merchants.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
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 communications to Martin J. Healey, and James E. Gilligan, to thank them for all their years of service to the City of Pawtucket and to wish them good luck in all future endeavors.
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, William Lynch, Rabbitt and Vieira.
Noes - Councilman Kinder.
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
The following ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
Ordinance Requiring City Council Confirmation of All City Department Heads, Directors, Judges and Appointments to Boards and Commissions.
The following ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
Ordinance to Create an Advisory Commission on Ethics.
The following Ordinance is taken up:
Ordinance to Amend Chapter 2055 (As Amended) Entitled "Ordinance Establishing the P.A.R.E. Program"
THE CHAIR RECOGNIZES COUNCILMAN KINDER.
With majority consent of the Council, Councilman Kinder’s request, seconded by Councilman Vieira, that the ordinance entitled "Ordinance to Amend Chapter 2055 (As Amended) Entitled "Ordinance Establishing the P.A.R.E. Program" be amended as follows:
The committee shall consist of one member of the Pawtucket Fire Department appointed by the Fire Chief (instead of two members); one member of the Pawtucket Police Department appointed by the Police Chief (instead of two members); and three members appointed by the Pawtucket City Council (instead of one member).
Is DEFEATED on a roll call vote, as follows:
Ayes - President Barry, Councilman Kinder.
Noes - Councilmembers Calista, Doyle, William Lynch, Rabbitt and Vieira.
The committee shall consist of one member of the Pawtucket Fire Department appointed by the Fire Chief (instead of two members); one member of the Pawtucket Police Department appointed by the Police Chief (instead of two members); and three members appointed by the Pawtucket City Council (instead of one member).
The following ordinance is read for the first time and is DEFEATED on a roll call vote, as follows:
Ayes - Councilman Kinder.
Noes - President Barry, Councilmembers Calista, Doyle, William Lynch, Rabbitt and Vieira.
The following ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.
Noes - 0
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 31-30 (b) Nonconforming Lots.)
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Ordinance Establishing a Pay Plan for the City of Pawtucket and Repealing Chapter 2197.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, Councilman Calista introduces the following communication.
Upon Motion made by Councilman Calista, seconded by Councilman Kinder, the following communication is Read and Ordered Filed and the proposed Budget Amendments are LAID ON THE TABLE and the PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY DECEMBER 18, 1991 AT 6:00 PM:
Communication from Mayor Raymond W. Houle, Jr., to Council President John J. Barry, III, and Members of the Council. (Proposed Budget Amendments)
THE FOLLOWING REQUEST TO CHANGE THE TRADE NAME IS APPROVED ON A UNANIMOUS VOICE VOTE:
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AND IS AGAIN TAKEN UP AND IS GRANTED WITH CONDITION THAT ALL CODE ENFORCEMENT VIOLATIONS ARE CORRECTED ON A UNANIMOUS VOICE VOTE:
TAVERN (SECOND CLASS) RENEWAL
Paul Tortolani d/b/a Joyce Manor, 278 High Street, LIC #234
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE: VICTUALLING HOUSE (FIRST CLASS)
Stooge’s Inc (transfer 50% of Stockholders) 90 Broad Street, LIC #241
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
YEARLY ENTERTAINMENT
C M Teens Inc. d/b/a Images, for license to conduct Adult Alcohol Free Dance Club, at 44 East Avenue, on Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday Evenings’ for the year ending 12/31/92. LIC #840
Playwright Productions Inc., for license to conduct Yearly Theatrical Performances, at Elks Auditorium Exchange Street, for year ending 12/31/92 LIC #839
Councilman Rabbitt Abstains based on his statement that "His Son Kyle is in a play with Playwright production" (report filed)
Laurel Acres Inc. d/b/a Bobby’s Rollerway, for license to conduct Rollerskating Rink, at the Corner Mill & Garity Streets, on Sundays & Weekdays for year ending December 31 1992. LIC #841
FLOWER PEDDLER LICENSE (RENEWAL)
Peter Giossi d/b/a Flower’s Unlimited, 110 Post Road, Warwick, RI, LIC #71
INTELLIGENCE OFFICE (RENEWAL)
Daniel S. Smith Inc., d/b/a Snelling & Snelling, 255 East Avenue, Expires one year from date of granting. LIC #22
MOBILE FOOD VENDOR (RENEWAL)
Leo Lachance d/b/a Dottie’s Caterers, 460 York Avenue, Pawtucket, RI, (17 Trucks) LIC #87
Palagi’s Ice Cream Inc, 16 Ingraham Street, Cumberland, RI, (3 Trucks) LIC #91
PAWN SHOP LICENSE (RENEWAL)
H & B Associates d/b/a Pawtucket Pawn Brokers, for Pawn Shop License, 69 Exchange Street, LIC #838
PIN BALL & AMUSEMENT DEVICES (RENEWAL)
Maugus Corporation d/b/a The Ground Round, 2 George Street, (10) LIC #688
PRIVATE DETECTIVE (NEW)
Kenneth V. Lafratta, 509 Armistice Boulevard, LIC #140
Richard J. Lafratta, 509 Armistice Boulevard, LIC #139
VICTUALLING HOUSE (FIRST CLASS) RENEWAL
Bills’ Pizza IV Inc., 607 Smithfield Avenue, LIC #18
Emanuel’s Pizza Inc. d/b/a Popeyes Pizza and Restaurant, 54
Sabin Street, LIC #73
Natalya Ioffe d/b/a Tyler Donut Shop, 196 Division Street, LIC #95
Ridlon Inc. d/b/a Ricotti’s Sandwich Shop, 614 Central Avenue, LIC #169
T S Co Inc d/b/a Teddy’s Pizza Restaurant, 287 Pawtucket Avenue, LIC #191
Tate’s Operating Donut-Dexter Inc. d/b/a Mister Donut, 205 Dexter Street, LIC #192
VICTUALLING HOUSE (FIRST CLASS) NEW
Chicken Power Inc., 1 & 3 Garden Street, LIC #16
VICTUALLING HOUSE (FIRST CLASS)
Nicholas T. Georgitsis d/b/a Cup N Saucer, 267 Main Street, (Transfer from Second Class) LIC #214
THE FOLLOWING EXTENSION OF THE LICENSE FOR ENTERTAINMENT IS DENIED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
Lavozdel Continente Inc., for license to conduct Christmas Party for Children & Family to raise money for toys at 210 Dexter Street (Arcadia Enterprises Inc d/b/a Galateo) on Tuesday, December 24, 1991 from 2:PM - 3:00 AM LIC #842
*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:
Kenneth V. Lafratta, surety - Aetna Surety Company.
Richard J. Lafratta, surety - Aetna Surety Company.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Susan Breggia - $11,500.00
CAP Promotions, Inc. - $50,000.00
Duncan A. Duff - $100,000.00
Constance Faber - $36.69
Law Firm of Fortunato & Tarro - $5,839.40
Frederic A. Moritz - $394.92
Annette Sarrazin - $90.00/175.00
Tina Welliver - $341.03
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 the Honorable Bruce G. Sundlun, Governor of the State of Rhode Island, regarding his offer to help reduce by 10% the fiscal 1992 Budget of the City of Pawtucket.
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 Frank Rendine, Zoning and Code Enforcement Officer, requesting a Zoning Report on all properties owned by Mr. Gerard Lupien, and a report of all zoning matters over the last 24 months in which Mr. Lupien was involved.
A response to this matter is requested in time for the meeting of December 20, 1991.
ABSTAIN - COUNCILMAN WILLIAM LYNCH.
THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.
With majority consent of the Council, the following Motion made by Councilman Vieira, seconded by Councilman Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Eugene J. Jeffers, P.E., Chief Engineer, Water Supply Board, requesting an update on the work being done for the Water Board on Weeden Street.
Also, the Council would like to know if the November 30th completion date on this project was contractual. If it was, what can be done because of the failure to meet this target date.
Councilman Barry also instructs the Clerk to inform the Water Board that because the School Street and Prospect Street projects have not been completed, the City is expending a lot of money to pay for claims for damages to cars due to pot holes.
Upon Motion made by Councilman Vieira, seconded by Councilman Kinder, the meeting is adjourned at ten thirty o’clock p.m.
A special session of the City Council is held Wednesday, December 18, 1991, at six ten o’clock p.m. All the members are present except Councilmen Doyle, Robert Lynch, and William Lynch; President Barry presides.
Communication from Council President John J. Barry, III, calling a SPECIAL SESSION of the City Council for WEDNESDAY, DECEMBER 18, 1991, AT 6:00 PM is READ AND ORDERED FILED.
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmen Calista, Kinder, 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 Barry, Councilmen Calista, Kinder, 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 Barry, Councilmen Calista, Kinder, Rabbitt and Vieira.
Noes - 0.
COUNCILMEN DOYLE AND WILLIAM LYNCH ARRIVE AT 6:16 O’CLOCK PM.
The following ordinance is Laid on the Table on a unanimous voice vote:
Ordinance Establishing a Pay Plan for the City of Pawtucket and Repealing Chapter 2197.
THE COUNCIL RECESSES AT 6:22 O’CLOCK PM TO CONDUCT A PUBLIC HEARING ON THE AMENDMENT TO THE PROPOSED ANNUAL OPERATING BUDGET FOR THE CITY OF PAWTUCKET FOR THE FISCAL YEAR JULY 1, 1991 - JUNE 30, 1992.
THE COUNCIL RECONVENES AT 8:54 O’CLOCK P.M.
The following Ordinances are LAID ON THE TABLE on a unanimous voice vote:
Annual Operating Budget Ordinance 1991-1992 AS AMENDED
Capital Program Ordinance 1992-1996
Capital Budget Ordinance 1991-1992
The Annual Water Supply Board Operating Budget Ordinance 1991-1992.
THE AMENDMENTS TO THE PROPOSED ANNUAL OPERATING BUDGET FOR THE CITY OF PAWTUCKET FOR THE FISCAL YEAR JULY 1, 1991-JUNE 30, 1992 ARE LAID ON THE TABLE ON A UNANIMOUS VOICE.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, Councilman Calista introduces the following:
AMENDMENTS TO THE PROPOSED WATER SUPPLY BOARD ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1991 - JUNE 30, 1992.
Upon Motion made by Councilman Calista, seconded by Councilman Rabbitt, the AMENDMENTS TO THE PROPOSED WATER SUPPLY BOARD ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1991 - JUNE 30, 1992, are LAID ON THE TABLE on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.
With majority consent of the Council, a Motion is made by Councilman Vieira, seconded by Councilman Calista and passed on a unanimous voice vote to conduct a series of Workshops with the Department Heads and Directors to discuss the proposed budget. Said Workshops shall be scheduled through the President of the City Council and the Chairman of the Finance Committee.
It is further requested that a report be provided by the Finance Director to the City Council, on all other expense figures for Fiscal Year 1990, 1991, along with all the budgeted figures for Fiscal Year 1990, 1991, 1992; and all other information as required by the Charter.
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 Jack Rahill, Finance Director requesting information on what amount of money was requested from F.E.M.A. for reimbursement for damage done by Hurricane Bob; and also a breakdown on how that money was spent.
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 another communication to Governor Sundlun regarding the Governor’s offer to assist the City of Pawtucket with cutting its 1992 fiscal year budget by 10%.
Upon Motion made by Councilman Vieira, seconded by Councilman Kinder, the meeting is adjourned at nine ten o’clock p.m.