July 24, 1991 - Regular City Council Session

City Council, July 24, 1991.

A regular session of the City Council is held Wednesday, July 24, 1991, at seven fifty o’clock p.m. All the members are present and President Houle presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT PUBIC HEARINGS ON THE FOLLOWING:

1.         Ordinance to Create a Local Composting Program.

2.         Resolution authorizing the filing of applications for grants under the State of Rhode Island’s open space and recreational area bond fund.

Max Read Field Improvements;

Fairlawn Veterans Park Rehabilitation;

Slater Park Infrastructure Improvements.

THE COUNCIL RECONVENES AT EIGHT FORTY SEVEN O’CLOCK P.M.

The reading of the records of July 9, 10, 11, 16, 18, 1991, are 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:

028      B.         Copy of Resolution from Patricia A. Valliere, Town Clerk, Town of Richmond, to City Council. (21st Century Education)

622      **C.    Communication from Frank A. Rendine, P.E., Director of Zoning & Code Enforcement, to Richard J. Goldstein, City Clerk. (Monthly report Division of Zoning & Code Enforcement - June 1, 1991 - June 30, 1991)

692      D.        Communication from Roger F. Giraud, Director of Planning and Development, to Council President Raymond W. Houle, Jr. (Open Space Applications)

624      E.         Communication from Joseph Roque, Purchasing Agent, to City Council. (Resolution of June 19th, 1991, Purchasing Objectives, Responsibilities, and Prohibited Activities, as sponsored by Councilman William Lynch and ratified by Council)

F.         Communication from Bill Mulholland C.L.P. Director of Recreation, to Councilman William Lynch. (Zoo Concession)

589      **G.    Memo from Richard J. Goldstein, City Clerk, to the Honorable City Council. (Appointment of Kenneth Jameson to Parks Commission)

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

028      A.        Communication from Jane A. McManus, CMC, City Clerk, City of Newport, to Raymond W. Houle, Jr., President and Members of the Pawtucket City Council. (Resolution No. 63--91 opposing planned cuts in service by RIPTA) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

588      Upon Motion made by Councilman Calista, seconded by Councilman Vieira, a resolution similar to the resolution on RIPTA by the City of Newport is adopted on a unanimous voice vote; and the Clerk is instructed to send it and other resolutions passed previously regarding RIPTA to John J. Crowley, Jr., Ronald F. Dick, Robert J. McKenna, David F. Roderick, Jr., B. Mitchell simpson, III, Keith W. Stokes and Henry F. Winthrop.

THE CHAIR RECOGNIZES COUNCILMAN BARRY.

With majority consent of the Council, Councilman Barry introduces the following entitled communications:

126      Communication from Robert D. Billington, President Blackstone Valley Tourism Council to the Honorable City Council (Slater Park Zoo)

126      Communication from James Kulczycki, Jr., Director of Parks to Richard J. Goldstein, City Clerk. (Secretary & meeting space for the Parks Commission)

028      Communication from Robert Bourque, Business Manager for Agency Auto Sales Inc requesting the name on license numbers 119 & 139 for Second Hand Shop and Auto Repair Shop licenses be changed from Agency Rent-a-Car Inc., to Agency Auto Sales Inc.

Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the following communications are Read and Ordered Filed:

Communication from Robert D. Billington, President Blackstone Valley Tourism Council to the Honorable City Council (Slater Park Zoo)

Communication from James Kulczycki, Jr., Director of Parks to Richard J. Goldstein, City Clerk. (Secretary & meeting space for the Parks Commission)

Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the following communication regarding the change of name of Agency Rent-a-Car is approved:

Communication from Robert Bourque, Business Manager for Agency Auto Sales Inc requesting the name on license numbers 119 & 139 for Second Hand Shop and Auto Repair Shop licenses be changed from Agency Rent-a-Car Inc., to Agency Auto Sales Inc.

THE AD HOC COMMITTEE ON VOTER INITIATIVE RETURNS THE FOLLOWING PROPOSAL WHICH IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

APPROVAL OF PLACING THE PROPOSAL ON VOTER INITIATIVE ON THE BALLOT AT THE REGULAR ELECTION ON TUESDAY, NOVEMBER 5, 1991.

Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Viking Chevrolet-Geo, Inc. d/b/a Viking Chevrolet-Geo, Buick, Inc., (previous owner Tom Flurkey Chevrolet-Buick Inc) 45--55 Division Street, Tax Assessor’s Plat #23, Lot #599, to keep a shop for purchasing and selling second hand articles, specifically, used automobiles and repairing the same, which was advertised for a hearing at this time, is taken up: LIC #125 & #103

Speaking in favor is Bruce Leach, Attorney representing the applicant, 49 Weybossett Street, Providence, RI.

Mr. Leach states that this is simply a change of ownership and the business will be open until 9:00 pm. There will be no other changes in the operation.

Mr. Leach states that the Department of Transportation must approve the application.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilman Barry, seconded by Councilmen Kinder and Calista, the following petitions are GRANTED on a unanimous voice vote:

Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Viking Chevrolet-Geo, Inc. d/b/a Viking Chevrolet-Geo, Buick, Inc., (previous owner Tom Flurkey Chevrolet-Buick Inc) 45--55 Division Street, Tax Assessor’s Plat #23, Lot #599 LIC #125 & #103

Councilman William Lynch Abstains based on his statement that "My Law Firm has represented the owner" (Report Filed)

COUNCILMAN ROBERT LYNCH LEAVES AT 9:01 PM.

COUNCILMAN RABBITT LEAVES AT 9:02 PM.

COUNCILMAN WILLIAM LYNCH LEAVES AT 9:05 PM.

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

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder and Vieira.

Noes - 0

Resolution authorizing the filing of applications for grants under the State of Rhode Island’s open space and recreational area bond fund.

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

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder and Vieira.

Noes - 0

588      Resolution congratulating Donald Grebien for being elected president of the Blackstone Valley Young Democrats.

COUNCILMAN WILLIAM LYNCH RETURNS AT 9:08 PM.

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, William Lynch and Vieira.

Noes - 0

330     CH 2201 Ordinance in Amendment of Chapter 2197 of the Ordinances of the City of Pawtucket Entitled "An Ordinances Establishing a Pay Plan for the City of Pawtucket." (Engineering Aide II)

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, William Lynch and Vieira.

Noes - 0

330      CH 2114 Ordinance Creating a Special Attorney for Claims and Pending Suits.

THE CHAIR RECOGNIZES COUNCILMAN KINDER.

With majority consent of the Council, Councilman Kinder introduces the following entitled communication:

613      Communication from Patrick J. Quinlan, Esq., to Honorable Raymond W. Houle, Jr., President of the Pawtucket City Council. (Interim Representation of the City of Pawtucket)

Upon Motion made by Councilman Kinder, seconded by Councilman Barry the following communication is Read and Ordered Filed.

Communication from Patrick J. Quinlan, Esq., to Honorable Raymond W. Houle, Jr., President of the Pawtucket City Council. (Interim Representation of the City of Pawtucket)

Upon Motion made by Councilman Kinder, seconded by Councilman Barry the appointment of Patrick J. Quninlan as the City Council’s Legal Counsel is approved on a roll call vote, as follows:

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder and Vieira.

Noes - 0

Abstain - Councilman William Lynch

Councilman William Lynch abstains based on his statement that "personal and professional relationship with Mr. Quinlan" (Report Filed)

APPOINTMENT OF PATRICK J. QUINLAN, ESQ. AS CITY COUNCIL’S LEGAL COUNSEL.

COUNCILMAN ROBERT LYNCH RETURNS AT 9:11 PM.

COUNCILMAN RABBITT RETURNS AT 9:12 PM.

THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AT THE MEETING HELD JULY 16, 1991, AND IS AGAIN TAKEN UP AND IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:

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

Noes - Councilmembers Barry, Kinder and Robert Lynch.

Ordinance Amending Chapter 2174 of the Ordinances of the City of Pawtucket entitled "An Ordinance Fixing the Salaries of Heads of Departments and other officers of the City of Pawtucket and Repealing Chapter 2145." (AS AMENDED) (City Solicitor Salary)

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 to Create a Local Composting Program.

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 inform Carol Schraeder to begin the Education Program on Composting.

COUNCILMAN BARRY LEAVES AT 9:41 PM.

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 2--205 - Public and Closed Council Meetings)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 2--207-Notice and Conduct of Meetings)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 2--403 - Council Investigations)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 2--500 - Judge of the Municipal Court; acting judge)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 2--600 - Probate and Municipal Courts) (Section 2--601 - Constables--- Powers and Duties)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 4--201 - Records to be Maintained by City Clerk)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 4 - 1806 - Public and Closed School Committee Meetings)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 7--110 - Nondiscrimination and equal Opportunity)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 8--100 - Applicability of State Code of Ethics)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 9--101 - Open Records)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Ordinance to Create Charter Changes as passed by the Pawtucket Voters General Election November 6, 1990 (Section 4--800 - Director of Public Safety; Section 4--801 - Police Division; Section 4--802 Fire Division; Section 4--804 - Civil Preparedness Agency)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:

028      Ordinance Creating a Pawtucket Financial Review Commission.

THE FOLLOWING APPLICATION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD JULY 10, 1991, AND IS AGAIN TAKEN UP AND IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:

SECOND HAND SHOP LICENSE

illegible

Prime Auto Brokers Inc., 682 Armistice Boulevard, LIC #53

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

ENTERTAINMENT

St. Anthony’s Church, for license to conduct the Church Festival, at 27 Forest Avenue, on August 28, 29, 30, 31, and September 1, 1991, Wed-Fri 6:00 pm - 10:00 pm., Saturday 6:00 pm - 12:00 Midnight, and Sunday 9:00 am - 10:00 pm. LIC #726M

St. Teresa’s Church, for license to conduct Annual Parish Carnival, Newport Avenue, Church Grounds, on Friday, September 13, 1991 from 6:00 pm - 10:00 pm., Saturday, September 14, from 11:00 am - 10:00 pm., and Sunday, September 15, from 12:30 pm - 7:00 pm., LIC #724M.

Councilman Kevin Rabbitt Abstains based on his statement that "I am a parishioner only not an officer"

Councilman John Q. Calista, Jr., Abstains based on his statement that "I am a parishioner only - not an officer"

Pawtucket Octoberfest Committee Inc., for license to conduct Octoberfest Festival, Roosevelt Avenue, Slater Mill Parking Lot and Downtown Area, Saturday and Sunday, October 5, 6, 1991, from 10:00 am - 7:00 pm LIC #725M

PUBLIC LAUNDRY (RENEWAL)

Charles R. Robat Jr., d/b/a Robat’s Laundry, 465 Mineral Spring Avenue, LIC #24

SUNDAY SALES (SECOND CLASS) NEW

NHD of Rhode Island Inc. d/b/a NHD Hardware, 477 Mineral Spring Avenue, LIC #110

**ALL LICENSES ARE SUBJECT TO THE PAYMENT OF ALL CITY TAXES.

THE FOLLOWING LICENSE IS DENIED ON A UNANIMOUS VOICE VOTE:

POOL TABLE (NEW)

062      Voutena Inc. d/b/a Constantines, 856 Newport Avenue, (limited to first floor) (1) Weekdays and Sundays, LIC #29

THE CHAIR RECOGNIZES COUNCILMAN DOYLE.

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

The Clerk is instructed to send a communication to Voutena, Inc., Constantine’s, that if she should resubmit an application for a pool table license that she request to be heard at a pre-council session to discuss that matter.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

ENTERTAINMENT

Christian Brethren of Pawtucket for license to conduct Outreach program for the church using Mime at Slater Park on July 29, 30, 31, 1991 and August 1, 2, 1991 from 5:30 pm - 7:00 pm each day. LIC #727M

Upon Motion made by Councilman Calista, seconded by Councilman Kinder the following License for Entertainment is GRANTED on a unanimous voice vote:

ENTERTAINMENT

Christian Brethren of Pawtucket for license to conduct Outreach program for the church using Mime at Slater Park on July 29, 30, 31, 1991 and August 1, 2, 1991 from 5:30 pm - 7:00 pm each day. LIC #727M

*THE FOLLOWING BOND IS APPROVED, SURETIES NAMED IS ACCEPTED:

Roger G. Audette, surety - The Aetna Casualty and Surety Company.

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

Mary Brum - $92.47

Donald Frost - $988.00

Melissa Houle - $760.79

Steven M. Parkinson - $1,140.28

Jorge Rosa - $2,500,000

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

Claim of William Cuddy, by Consolidated Service Corporation in the amount of $1,382.89

Claim of Samuel Matook, by the Maryland Casualty Company in the amount of $1,553.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE CITY COUNCIL’S SPECIAL ATTORNEY ON CLAIMS AND PENDING SUITS:

Claim of Eustace Dexter Brown, by Attorney James Murray in the amount of $100,000.00

Claim of Linda Hamm, by Attorney Robert J. Ameen in no amount specified.

Claim of Peter Maynard, by Commercial Union Insurance Co., in the amount of $455.90

Claim of Mukaila Oyenuga, by Attorney Henry S. Monti in the amount of $100,000.00 + Costs and Interest.

Claim of Mary Zurowski, by Attorney Richard E. Kirby in no amount specified.

THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.

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

The Clerk is instructed to send a communication to John Burgess, Executive Director, Pawtucket Housing Authority, requesting from him a status report on security at both Galego Court and Prospect Heights. Councilman Vieira has received calls from people concerned about security at Galego Court.

Also, Councilman Rabbitt would like to have a status report on the work being done at Prospect Heights; specifically, what is the anticipated completion date of that project.

A response to these requests is requested in time for the meeting of August 7, 1991.

Upon Motion made by Councilman Vieira, seconded by Councilman Kinder, the meeting is adjourned at nine fifty seven o’clock

July 24, 1991 - Regular City Council Session
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