City Council, October 9, 1991.
A regular session of the City Council is held Wednesday, October 9, 1991, at nine o’clock p.m. All the members are present and President Houle presides.
THE COUNCIL RECESSES IMMEDIATELY TO RETURN TO LIQUOR DOCKET.
THE COUNCIL RECONVENES AT TEN THIRTY O’CLOCK P.M.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING:
1. City of Pawtucket Tree Ordinance.
2. Ordinances of the City of Pawtucket, also known as Chapter 31 of the Revised Ordinances of the City of Pawtucket Entitled "Zoning" (Section 31-72 Fees for Appeals, Special Exceptions, and Variances.)
THE COUNCIL RECONVENES AT TEN THIRTY TWO O’CLOCK P.M.
The reading of the records of September 23, 25, 26, 30, 1991, 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.
COUNCILMAN WILLIAM LYNCH LEAVES AT TEN THIRTY THREE O’CLOCK P.M.
THE FOLLOWING COMMUNICATIONS ARE 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 John DiPanni, Chairman, Pawtucket Parks Commission, regarding the Watershed Watch. Councilman Rabbitt would like to know the number of sites the Parks Commission believes will be involved in this program to determine the cost; second the Council would like the Commission’s opinion on the "Tree Ordinance" and finally, Councilman Rabbitt wanted to know if the Commission had any questions on the Slater Park Master Plan process.
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 Michael F. Cassidy, Acting Director, Planning and Development, regarding the Newport Avenue entrance-way to Slater Park. Councilman Rabbitt would like to see an update on the money spent and the anticipated costs for this project sent to both the Council and the Parks Commission. Also, he would like a response to the letter regarding the amount of money spent so far on the Slater Park Master Plan projects and for what projects the rest of the $1.1 million is allocated.
Charles Abdelahad, 300 Broadway ( to fill unexpired term of Antonio M. Pedro) Term expires the first Monday in January, 1993 is Read and Ordered Filed.
The following nomination submitted by His Honor Mayor Brian J. Sarault, for confirmation, is confirmed on a roll call vote, as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, Rabbitt and Vieira.
Noes - 0
PURCHASING BOARD
Charles Abdelahad, 300 Broadway ( to fill unexpired term of Antonio M. Pedro) Term expires the first Monday in January, 1993.
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, Councilman Barry introduces the following entitled communication:
Upon Motion made by Councilman Barry seconded by Councilman Kinder, the following Communication is Read and Ordered Filed:
Communication from Frank A. Rendine, P. E., Director Zoning and Code Enforcement, to Councilman John Barry. (Residential construction in progress located at the corner of Lyman and Clifford Streets.
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, the following Motion made by Councilman Barry, seconded by Councilman Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank A. Rendine, P. E., Director of Zoning & Code Enforcement, and Samuel Shlevin, inviting them to a pre-council on October 23, 1991, regarding Zoning matters.
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, requesting a legal opinion regarding Section 31-30 (b) of the Revised Ordinances of the City of Pawtucket. This Section is relative to the building of one-family dwellings on lots under 5000 square feet.
Petition for AUTO REPAIR SHOP LICENSE of Distinctive Auto Body and Auto Repair Inc., 3 Dix Avenue, Tax Assessor’s Plat 52, Lot 748, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC #64
Speaking in favor is Gary Blais, Attorney for the applicants, 36 Park Place, Pawtucket, RI.
Mr. Blais states that this would be a minority owned business.
Mr. Blais states that the building will hold 10 autos and has 5 additional parking spaces in the lot.
Mr. Blais states that the owners have experience in the business, and they are unaware of any prior problems at the establishment.
Council President Houle introduces a petition against the establishment of approximately 300 names and advises the Council of several problems at that location.
Also, the Communication from Rev. Fernando P. Freitas, Saint Anthony’s Church, to Richard J. Goldstein, City Clerk. (Objection to Distinctive Auto Body & Auto Repair Inc.) is made part of the file.
There are no other speakers.
The hearing is closed.
Upon Motion made by Councilman Calista, seconded by Councilmen Kinder and Robert Lynch, the following Petition is DENIED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE of Distinctive Auto Body and Auto Repair Inc., 3 Dix Avenue, Tax Assessor’s Plat 52, Lot 748, to keep a shop for repairing automobiles. LIC #64
Petition for SECOND HAND SHOP LICENSE OF Douglas Parent d/b/a Second Best, 85 Central Avenue, Tax Assessor’s Plat 20, Lot 470, to keep a shop for the purpose of purchasing and selling second hand articles, which was advertised for a hearing at this time, is taken up: LIC #104
Speaking in favor is Douglas Parent, 19 Charpentier Avenue, Pawtucket, RI.
Mr, Parent states that he will sell second hand clothes, on consignment.
There is 6 parking spaces in the front. The hours will be from 10:00 am to 5:00 pm. There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilman Barry, seconded by Councilmen Calista and Kinder, the following Petition is GRANTED on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE OF Douglas Parent d/b/a Second Best, 85 Central Avenue, Tax Assessor’s Plat 20, Lot 470, to keep a shop for the purpose of purchasing and selling second hand articles. LIC #104
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, Rabbitt and Vieira.
Noes - 0
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Houle, Councilmembers Barry, Calsita, Doyle, Kinder, Robert Lynch, Rabbitt and Vieira.
Noes - 0
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, Councilman Barry introduces the following entitled resolution:
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, Rabbitt and Vieira.
Noes - 0
Resolution Proclaiming October 1991, as Down Syndrome Awareness Month in the City of Pawtucket.
The following ordinance is read for the first time and passed on a roll call vote, and Referred to the Parks Commission for an Advisory Opinion, as follows:
Ayes - President Houle, Councilmembers Calista, Doyle, Kinder, Robert Lynch and Vieira.
Noes - 0
ABSTAINS - COUNCILMEN BARRY AND RABBITT.
City of Pawtucket Tree Ordinance.
THE CHAIR RECOGNIZES COUNCILMAN KINDER.
With majority consent of the Council, a Motion made by Councilman Kinder, seconded by Councilman Robert Lynch, to extend the 11:00 p.m. curfew until 11:15 p.m., is passed on a voice vote.
Councilman Barry opposes the extension.
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, 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 31-72 Fees for Appeals, Special Exceptions, and Variances.)
THE CHAIR RECOGNIZES COUNCILMAN KINDER.
With majority consent of the Council, Councilman Kinder introduces the following entitled ordinances:
Ordinance Entitled "Human Immunodeficiency Virus (HIV)"
Ordinance in Amendment of Chapter 2196 Entitled "Ordinance to Create a Board of Park Commissioners".
Upon Motion made by Councilman Kinder, second by Councilman Barry, the following Ordinances are Laid on the Table on a unanimous voice vote:
Ordinance Entitled "Human Immunodeficiency Virus (HIV)"
Ordinance in Amendment of Chapter 2196 Entitled "Ordinance to Create a Board of Park Commissioners".
*PETITION FOR LICENSE:
VICTUALLING HOUSE (FIRST CLASS) NEW
Rock’s Bar Inc. 684 Prospect Street, LIC #259
*PETITION FOR LICENSES:
PIN BALL & AMUSEMENT DEVISES (RENEWAL)
The Peppermill Restaurant Ltd., 636 Central Avenue, LIC #796
PRIVATE DETECTIVE (RENEWAL)
William A. Greco, 565 Smithfield Avenue, LIC #102
**ALL LICENSES ARE SUBJECT TO THE PAYMENT OF ALL CITY TAXES.
*THE FOLLOWING BOND IS APPROVED, SURETIES NAMED IS ACCEPTED:
William A. Greco, surety - Western Surety Company.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
David & Nancy Camirand - $11,116.87
Michael J. Chatwin - $1,547.84/1, 793.93
William Cuddy - $1,382.89
Irene L. Mecchi - $789.90
Viriato & Armanda Mota - $1,950.00
Ana Murillo - $58.14
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED IF SHOWN RECEIPT FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, Rabbitt and Vieira.
Noes - 0
Claim of Andrea Nwogu, in the amount of $60.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED:
Claim of Lana Rosa, by Attorney Henry S. Monti, in the amount of $2,500,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE WATER SUPPLY BOARD.
Claim of John Pacheco, in the amount of $278.74
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 LEGAL DEPARTMENT.
Claim of Richard J. Brennan, by Attorney Alfred J. Gemma, in the amount of $100,000.00
Claim of Simone Rice and Paul J. Jacobs, by Attorney James J. Lopore, in the amount of $100,000.00 for each claimant.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE DEPARTMENT OF TRANSPORTATION, JAMES CAPALDI, CHIEF OF CONSTRUCTION OPERATIONS.
Claim of Edward Beargeon, in the amount of $1,810.00
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, Councilman Barry introduces the following entitled communications:
Upon Motion made by Councilman Barry seconded by Councilman Kinder, the following Communications are Read and Ordered Field:
Communication from Bill Mulholland, C.L.P. Director of Recreation, to Councilman Kevin J. Rabbitt. (Zoo Veterinary Visits)
Communication from Bill Mulholland, C.L.P. Director of Recreation, to Councilman Kevin J. Rabbitt. (A.A.Z.P.A Accreditation)
THE CHAIR RECOGNIZES COUNCILMAN KINDER.
With majority consent of the Council, Councilman Kinder introduces the following entitled communications:
Upon Motion made by Councilman Kinder, seconded by Councilman Robert Lynch, the following Communications are Read and Ordered Filed:
Communication from Michael D. Cassidy, Acting Director of Planning and Development, to Council President Raymond W. Houle, Jr. (Watershed Watch)
Communication from Michael D. Cassidy, Acting Director of Planning and Development, to Council President Raymond W. Houle, Jr. (Assistance to Broad Street and North Union Street Merchants)
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 Larry Walsh, Marketing Director, Rhode Island Prison Industries, regarding the letter sent to him regarding the project to put up wooden rails around Slater Park.
Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the meeting is adjourned at eleven five o’clock p.m.