City Council, September 11, 1991.
A regular session of the City Council is held Wednesday, September 11, 1991, at eight forty one o’clock p.m. All the members are present and President Houle presides.
The reading of the records of August 21, 22, 29, 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.
THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, the following Motion made by Councilman Barry, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank Rendine, Zoning and Code Enforcement Officer, requesting that he appear at a pre-council session on Wednesday, September 25, 1991, to discuss the following:
1. How Zoning and Code Enforcement can be improved in the Barton Street area to help solve the problems of drugs and prostitution.
2. The situation at 39 Myrtle Street.
3. The department’s procedures for following up on properties which receive citations.
THE CHAIR RECOGNIZES COUNCILMAN CALSITA.
With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilman Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication Gerald J. Pouliot, Acting City Solicitor, to ask that an ordinance be prepared to require that all sings for yard sales be removed within 48 hours of the completion of the yard sales, or face penalties.
THE FOLLOWING COMMUNICATION IS STRICKEN FROM THE DOCKET ON A UNANIMOUS VOICE VOTE:
Patricia Lynch Harwood, 67 Capwell Avenue (to fill unexpired term of George G. Simpson, Jr.) Term expires first Monday in January, 1996.
THE FOLLOWING REQUEST WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 22, 1991, AND IS TAKEN UP AND IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.
With majority consent of the Council, the following Motion made by Councilman Vieira, seconded by Councilman Barry, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael F. Cassidy, Acting Director, Department of Planning and Development, regarding the request of P.A.L.M. Properties, Inc., to change the zoning at the Mashassuck Valley Property owned by the Pawtucket Redevelopment Agency for residential use.
COUNCILMAN WILLIAM LYNCH LEAVES AT 9:08 PM.
THE FOLLOWING RESOLUTION IS TAKEN UP:
Resolution regarding claims submitted by homeowners for sewer backup.
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, Councilman Rabbitt requests that the Resolution regarding claims submitted by homeowners for sewer backup be amended by adding the following:
BE IT FURTHER RESOLVED that prior to payment of said Claims, the claimant must provide the name and address of his/her insurance carrier so that they may be informed of payment of this claim.
Upon Motion made by Councilman Rabbitt, seconded by Councilman Kinder, the following amendment to the Resolution Entitled "Resolution regarding claims submitted by homeowners for sewer backup, is passed on a roll call vote, as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, Rabbitt and Vieira.
Noes - 0
Resolution regarding claims submitted by homeowners for sewer backup.
The following resolution is read and passed AS AMENDED on a roll call vote as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, Rabbitt and Vieira.
Noes - 0
COUNCILMAN WILLIAM LYNCH RETURNS AT 9:13 PM.
COUNCILMAN BARRY LEAVES AT 9:14 PM.
The following resolution is read 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
COUNCILMAN BARRY RETURNS AT 9:17 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, Robert Lynch, William Lynch, Rabbitt and Vieira.
Noes - 0
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, the following Motion made by Councilman Doyle, seconded by Councilman William Lynch, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Joseph E. Burns, Acting Chief of the Fire Department; Louis S. Simon, Acting Director, Public Works Department; John W. Tomlinson, Chief of Police; Joseph Roque, Purchasing Agent; Robert Christie, Business Administrator, Pawtucket School Department, asking them that Sterry Street Auto, Coastal Auto Sales and Collision, Inc., and East Coast Auto Sales, all be removed from the towing list for the City if they are on it.
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, the following Motion made by Councilman Doyle, seconded by Councilman William Lynch, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Gerald J. Pouliot, Acting City Solicitor, asking him and Mr. Quinlan to provide a legal opinion as to whether or not the City can close Coastal Auto Sales & Collision, Inc., on 277 West Avenue.
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, the following Motion made by Councilman Doyle, seconded by Councilman William Lynch, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mike Burns, Traffic Engineer, to ask if all safety precautions are in place around Coastal Auto Sales & Collision, Inc., on 277 West Avenue, with the proper signage.
The Council is concerned about traffic safety in that area.
THE CHAIR RECOGNIZES COUNCILMAN KINDER.
With majority consent of the Council, the following Motion made by Councilman Kinder, seconded by Councilman Barry, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Gary L. Farmer, d/b/a Rhode Island Auto Repair, requesting that he attend a pre-council session scheduled for Wednesday, September 25, 1991, in the City Council Chamber, City Hall, Pawtucket, RI. The purpose of this meeting is to discuss why his license should no be revoked.
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 Gerald J. Pouliot, Acting City Solicitor, requesting that the City Solicitor’s Office join in with the School Department regarding their suit against the State for the $5 million cut in State-aide to education.
The Council believes that this case can be handled through the City Solicitor’s Office and would like to do so.
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 Jack Rahill, Finance Director, Council President Raymond W. Houle, Jr. (State Aid Anticipation Notes)
Ordinance Establishing the "Slater Park Zoo Fund." (Zoo Curator)
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Ordinance in Amendment of Chapter 1097 of the Ordinances of the City of Pawtucket, also known as Chapter 31 of the Revised Ordinances of City of Pawtucket Entitled "Zoning" (Section 31-72 Fees for appeals, special exceptions, and variances.)
SET DATE FOR PUBLIC HEARING TO BE HELD WEDNESDAY, OCTOBER 9, 1991.
Ordinance in Amendment of Chapter 2063 Section 9 of the Ordinances of the City of Pawtucket "Security Alarm Systems" (False Alarm Assessment Schedule)
SET DATE FOR PUBLIC HEARING TO BE HELD WEDNESDAY, OCTOBER 9, 1991.
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
PIN BALL & AMUSEMENT DEVICES (RENEWAL)
Celtic Pub Inc d/b/a Celtic Pub, 755 Broadway & 5 Columbine Avenue, LIC #692
SUNDAY SALES (FIFTH CLASS - PEDDLERS) NEW
Richard R. Prefontaine, Res: 152 Benefit Street, Pawtucket, RI LIC #132
Jerry Sandstrom, Res: 346 Brown Street, S. Attleboro, MA LIC #139
Manuel B. Silva, Res: 20 Davis Street, Pawtucket, RI, LIC #136
SUNDAY SALES (FIFTH CLASS- PEDDLERS) RENEWAL
Michael Gordon, Res: 143 Obed Street, Providence, RI, LIC #143
Patricia Hayes, Res: 37 Link Street, Pawtucket, RI, LIC #146
Mary Hunt, Res: 95 Raymond Street, Providence, RI, LIC #145
Alan Linsky, Res: 58 Huron Street, Providence, RI, LIC #142
Kevin Skelly, Res: 31 Lauriston Street, Providence, RI, LIC #144
VICTUALLING HOUSE (FIRST CLASS)
C & Z Restaurant Corp (transfer from Beijing Garden Restaurant Inc) 270 Dexter Street, LIC #237
Upper Crust Pizza Inc (transfer from Braxton’s Inc) 505-507 Armistice Boulevard, LIC #238
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Edward J. Beargeon - $1,810.00
Richard J. Brennan - $100,000.00
Andrea Nwogu - $60.00
John Pacheco - $278.74
Simone Rice & Paul J. Jacobs - $100,000 each claimant
Lana Rosa - $2,500,000.00
Maria C. Vieira - $66.15
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE AS FOLLOWS:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.
Noes - 0
Claim of Harold C. Walmsley, in the amount of $543.40.
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 Michael and Elizabeth Dery, by Attorney James Murray, in the amount of $25,000.00.
Claim of William R. Kelley and Judge Kelley’s Inc d/b/a Kelley’s Corner Pub, by Attorney William F. Calise, in the amount of $25,000.00.
Claim of Jorge 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 CLAIMS FOR DAMAGES AGAINST THE CITY ARE RECOMMENDED TO THE DENIED:
Claim of Donald Frost, in the amount of 988.00 - based on Sign Posted "Park at your own Risk".
Claim of Dianna Spooner, in no amount specified.
Claim of Steven M. Parkinson, in the amount of $1,140.28.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS RECOMMENDED TO BE TAKEN UNDER ADVISEMENT AND REFERRED TO THE DEPARTMENT OF TRANSPORTATION:
Claim of Melissa Houle, in the amount of $760.79
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE RECOMMENDED TO BE TAKEN UNDER ADVISEMENT AND REFERRED TO THE WATER SUPPLY BOARD:
Claim of Mary Brum, in the amount of $92.47
Claim of Richard Cipriano, by Attorney Frank Mattera, in the amount of $100,000.00.
Claim of Ann M. DaCosta, in no amount specified.
Claim of Paul Labonte, by Attorney Frank Mattera, in the amount of $100,000.00
Claim of Crystal Petel, by Attorney Frank Mattera, in the amount of $100,000.00.
Claim of Jeanne Proulx, in the amount of $69.00.
Claim of Debra Waterman, in the amount of $1,553.00.
Claim of Thomas Whalen, in the amount of $1,467.77.
THE CHAIR RECOGNIZES COUNCILMAN BARRY.
With majority consent of the Council, Councilman Barry introduces the following entitled communication:
Communication from Brian Morgan, Treasurer, National Carousel Associatioin, to Bill Mulholland, Director of Recreation. (Carousel Restoration Fund)
Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the following Communication is Read and Ordered Filed:
Communication from Brian Morgan, Treasurer, National Carousel Association, to Bill Mulholland, Director of Recreation. (Carousel Restoration Fund)
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, Department of Planning and Development, to ask for a breakdown of all money spent to date on the Slater Park Comprehensive Plan.
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 James Kulczycki, Director of Parks, to ask about the trees located in open spaces which fell during Hurricane "Bob". Specifically, the Council would like to know if the stumps are being removed and if new trees are being planted to replace them.
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 Larry Walsh, Marketing Director, Rhode Island Prison Industries, regarding the letter from Jimmy Kulczycki, with the estimate of the cost of putting up railings on Loring Parkway.
The Council would like him to contact Mr. Kulczycki, regarding this job so he can prepare an estimate for doing the job through Prison Industries.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Pawtucket Delegation of the General Assembly, regarding comments made by Captain Morris of the Pawtucket Police Department regarding mutual aide within police departments in the State. Captain Morris states that the law on mutual aid between Police Departments needs to be clarified.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to James P. Glasson, Coordinator, Substance Abuse Prevention Task Force, regarding drug problems in the Barton Street area. During a discussion of this problem it was mentioned that one effort which is needed is for a training program for on-street officers to deal with substance abusers. The Council is requesting his recommendations on this matter.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to the Oregon Secretary of State’s Office, Public Records Division, asking that he send the Council a copy of an Oregon State law which states that if a prostitute is arrested in a "John’s" car, that car will be confiscated by the State.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication John W. Tomlinson, Chief of Police, requesting that prior to each regularly scheduled Council meeting, a list of all "Johns" who have been arraigned for soliciting prostitution be submitted to the Council. The Council will then decide what to do with these names, including the possibility of putting them in an advertisement to be submitted to the Evening Times.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank Rendine, Zoning and Code Enforcement Officer, asking that he begin immediately an intense inspection of the Barton Street area to help with the problems of prostitution and drug dealing in the area.
THE CHAIR RECOGNIZES COUNCILMAN ROBERT LYNCH.
With majority consent of the Council, the following Motion made by Councilman Robert Lynch, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to WPRI Channel 12, WLNE Channel 6, WJAR Channel 10, asking them what the Station’s policy is regarding the naming of "Johns" who are arraigned for the solicitation of prostitutes.
Upon Motion made by Councilman Kinder, seconded by Councilman Barry, the meeting is adjourned at nine forty o’clock p.m.