City Council, February 5, 1992.
A regular session of the City Council is held Wednesday, February 5, 1992, at eight seven o’clock p.m. All the members are present and President Barry presides.
THE COUNCIL RECESSES AT EIGHT EIGHT O’CLOCK PM TO CONDUCT THE PUBLIC INPUT PERIOD.
THE COUNCIL RECONVENES AT EIGHT TWENTY-SIX O’CLOCK PM.
The reading of the records of January 22, 1992, are dispensed with and the records are approved as prepared by the Clerk.
Upon Motion made by Councilor Vieira, seconded by Councilor 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 COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following entitled communication:
Upon Motion made by Councilor Calista, seconded by Councilor Doyle, the following communication is Read and Ordered Filed:
Communication from Michael D. Cassidy, Director of Planning and Development, to Pawtucket City Council. (Margaret Stearns House)
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Doyle, 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, to inform him that upon receipt of the lone proposal for restoration of the Stearns House, the Council is approving the lease to the Shepherd’s, pending the incorporation of the recommended changes by the Law Department.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jack Rahill, Director of Finance, to ask for his comments on "target based budgeting" as proposed in the Governor’s letter, as opposed to the "zero based budgeting" that the City is in the process of doing.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John F. Reed, US Representative, requesting that he research funding for the N.C.I.C. officer because, it is a federally mandated position.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Calista, requesting that Joseph Roque take the necessary steps to have the contract between the City and Rockwell AMusements finalized and signed.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Development, to inform him that the Council has approved the waiving of the rent for January and February for the parking lot located between North Union and Broad Streets, which is leased by Alfred C. Ruizzo, Sr.
January 24, 1992
The Honorable John J. Barry, III
c/o City Clerk Office
Pawtucket City Hall
Pawtucket, Rhode Island 02860
Dear City Council President Barry:
On Thursday, January 23, 1992, an interior inspection was conducted with Mr. Gerald Lupien at properties located at 193 Summit Street and 41 Dawson Street regarding illegal apartment units.
193 Summit Street
A thorough inspection of this property this date indicated a total of five (5) apartment units. My initial assumption of three to four illegal apartment units at this property was incorrect. The property is located in a Residential Multi-Family zone requiring 2,000 square feet of land area for each apartment unit. The property at 193 Summit Street, Tax Assessor’s Plat 23 Lot 246, contains 10,017 square feet of land area which is 17 square feet more than required by the Zoning Ordinance.
In conclusion, this property contains no illegal apartment units.
41 Dawson Street
Relative to earlier inspections on November 22, 1991 and November 25, 1991, 41 Dawson Street contained one (1) illegal basement apartment unit. Relative to a re-inspection of this property this date with Mr. Lupien, it was discovered that in accordance with my request the basement apartment unit had been totally vacated, all furniture had been removed, and the entire kitchen assembly including cabinets, counters, sink, and appliances were removed in their entirety; therefore, the present property contains the two allowable dwelling units only. Because of Mr. Lupien cooperative effort, no illegal apartment unit exists at 41 Dawson Street at this time.
Mr. Lupien was advised that at no time in the future is this apartment to be re-occupied without prior approval of the Board of Appeals.
In conclusion, I found Mr. Lupien most cooperative and willing to visit any other properties with me that may be questionable.
At this time, all property relative to zoning violations have been inspected and satisfied.
Sincerely,
Frank A. Rendine, P.E., Director
Zoning & Code Enforcement
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon Motion made by Councilor Moran, seconded by Councilor Rabbitt, Councilor Moran will be officially recognized as "Councilman".
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
Upon Motion made by Councilor Clement, seconded by Councilor Vieira, the Motion of Councilor Moran to be recognized as "Councilman" IS LAID ON THE TABLE until after the special election on February 25, 1992, on a voice vote:
Councilor Moran Votes "No".
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Petition for AUTO REPAIR SHOP LICENSE of Norman and Filomena Duquette d/b/a Gansett Sunoco, at 1101 Newport Avenue, Tax Assessor’s Plat 12, Lot 738, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Richard Pollock, Attorney for the applicant, 74–76 East Street, Pawtucket, RI.
Mr. Pollock states that there are no complaints about this location. He states that Mr. Duquette is taking over the establishment from his uncle. There will be no changes at the station, except they will be pumping gas until 9:00 pm., instead of 6:00 pm. All gas deliveries will be made during daylight hours. He will clean up the yard.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Doyle, seconded by Counilors Rabbitt and Kinder, the following petition is GRANTED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE of Norman and Filomena Duquette d/b/a Gansett Sunoco, at 1101 Newport Avenue, Tax Assessor’s Plat 12, Lot 738, to keep a shop for repairing automobiles. LIC #70
Petition for AUTO REPAIR SHOP LICENSE of Idelfonso Garcia d/b/a House Auto Body (previous owner Humberto Hernandez d/b/a S T A Auto Body) 519 Broadway, Tax Assessors’s Plat 8, Lot 186, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Alma Turell, 176 Woodbine Street, Pawtucket, RI and Idelfonso Garcia, 71 Hawes Street, Central Falls, RI.
Ms. Turell interprets for Mr. Garcia.
Ms. Turell states that the last owner did not want the establishment anymore because "it wasn’t doing him any good".
Mr. Garcia has ten years experience in the auto repair business in the Dominican Republic. There will be 3 people working at the garage.
Mr. Garcia has lived in Central Falls for eight months and does not know the last owner personally.
Ms. Turell states that Mr. Garcia has people who will come to him for repair work.
Mr. Edward Ameen, who owns the property across the street from the applicant, and is doing accounting work for the applicant, notified Mr. Garcia of the availability of the license.
Mr. Garcia already has an Auto Body License from the State. Mr. Ameen has no problems with Mr. Garcia as a neighbor. Mr. Garcia is not a citizen but has a green card.
There are no other speakers.
The Hearing is Closed.
Upon Motion made by Councilor Doyle, seconded by Councilors Moran and Kinder, the following application for license is GRANTED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE of Idelfonso Garcia d/b/a House Auto Body (previous owner Humberto Hernandez d/b/a S T A Auto Body) 519 Broadway, Tax Assessors’s Plat 8, Lot 186, to keep a shop for repairing automobiles. LIC #29
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
Pawtucket Red Sox Baseball Club Inc., for license to conduct Athletic games (game or Exhibition of Baseball) McCoy Stadium - Columbus Avenue on Sundays April 12, 26, May 17, 24, June 7, 14, July 5, 12, August 2, 9, 23, 30, September 6, 13, 20, 27, 1992. LIC #751M
FLOWER PEDDLER (RENEWAL)
Daniel Allen, Res: P.O. Box 7141, Cumberland, RI LIC #67 Lisa Nicholas, Res: 295 Washington Street, West Warwick, RI, LIC #73
SUNDAY SALES (SECOND CLASS) NEW
Robert N. D’Antouno d/b/a Bob’s Resale Shop, 718 Mineral Spring Avenue, LIC #3
Huv V. Huynh d/b/a International Hair Design, 291 West Avenue, LIC #1
VICTUALLING HOUSE (FIRST CLASS) NEW
Tong Xin Chen & Li Dong Lin d/b/a Li Lai Restaurant, 615 Central Avenue, LIC #247
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS)
K.L.C. Associates Inc. d/b/a Macondo (transfer from Derrick’s Food and Spirits Inc.) 242 Middle Street, LIC #2460
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following ordinance:
Ordinance in Amendment of Chapter 2174 of the Ordinances of the City of Pawtucket Entitled "An Ordinance Fixing the Salaries of the Heads of Departments and other officers of the City of Pawtucket and Repealing Chapter 2145."
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following Ordinance is Laid on the Table and Referred to the Finance Committee on a unanimous voice vote:
Ordinance in Amendment of Chapter 2174 of the Ordinances of the City of Pawtucket Entitled "An Ordinance Fixing the Salaries of the Heads of Departments and other officers of the City of Pawtucket and Repealing Chapter 2145."
ELECTION OF THE CITY OFFICERS (2 year terms) IS TAKEN UP:
CITY SERGEANT
The Election of Albertino Lourenco as City Sergeant is DEFEATED on a roll call vote, as follows:
Ayes - President Barry, Councilors Doyle, Kinder and Vieira.
Noes - 0
Abstain - Councilors Calista, Clement, Moran and Rabbitt.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
Upon Motion made by Councilor Clement, seconded by Councilor Moran, the Election of City Sergeant is LAID ON THE TABLE until the meeting of March 11, 1992, on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
Upon Motion made by Councilor Doyle, seconded by Councilor Kinder, Al Lourenco shall continue to serve as City Sergeant until such time as his successor is elected, on a unanimous voice vote.
JUDGE OF THE PROBATE COURT
Motion made by Councilor Clement, seconded by Councilor Rabbitt to elect Cristine L. McBurney as Judge of Probate Court, is PASSED on the roll call vote, as follows:
Ayes - President Barry, Councilors Clement, Moran, Rabbitt and Vieira.
Noes - 0
Abstains - Councilors Calista, Doyle and Kinder.
CRISTINE L. MCBURNEY, IS ELECTED JUDGE OF PROBATE COURT.
SEALER OF WEIGHTS AND MEASURES.
The Election of Kenneth E. O’Neil, Sr., as Sealer of Weights and Measures, is DEFEATED on a roll call vote, as follows:
Ayes - President Barry, Councilors Doyle, Kinder and Vieira.
Noes - 0
Abstains - Councilors Calista, Clement, Moran and Rabbitt.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
Upon Motion made by Councilor Clement, seconded by Councilor Calista, the Election of Sealer of Weights and Measures is LAID ON THE TABLE until the meeting of March 11, 1992, and Kenneth E. O’Neil, Sr., shall continue to serve as Sealer of Weights and Measures until such time as his successor is elected, on a unanimous voice vote.
ENVIRONMENTAL ACTION SUPERVISOR
Motion made by Councilor Doyle, seconded by Councilor Rabbitt, to elect Alvin L. Hallquist, Environmental Action Supervisor is PASSED on roll call vote as follows:
Ayes - President Barry, Councilors Calista, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ALVIN L. HALLQUIST IS ELECTED ENVIRONMENTAL ACTION SUPERVISOR.
THE FOLLOWING CITY OFFICERS ARE ELECTED ON A UNANIMOUS VOICE VOTE:
WEIGHERS OF MERCHANDISE (RENEWALS)
| Priscilla A. Agin | Joseph A. Parenteau |
| Robert Aubin | David M. Parrillo |
| Ronald Aubin | Seymour L. Silvertein |
| Charles Beausejour | Charles R. Sinel |
| Charles H. Duclos, Jr. | Samuel S. Sinel |
| Timothy A. Hays | Richard P. Smith |
| Robert D. Leddy | William A. Smith |
| Thomas Massey | William G. Toole |
| Thomas J. McHale |
|
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
George V. Antonucci - $100,000.00
Frank E. Clynes, Inc. - $426.76
Francis Corrigan - $609.44
Virginia M. Diano d/b/a Cristoline Products Company - $3,556.15
Steven S. Ferioli - $1,175.00
Stephan L. Johnson, Sr. - $509.99
Metropolitan Property & Casualty Ins. Comp. - Madeline
D’Oliveira - $2,500.00
Edward J. Mulligan - No amount specified.
Lucille Mancini - No amount specified
Cindo Sanchez - $250.00
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 LEGAL DEPARTMENT.
Claim of Susan Breggia, by Attorney Oleg Nikolyszyn, in the amount of $11,500.00
Claim of Duncan A. Duff, by Attorney William J. Burke, in the amount of $100,000.00
Claim of Gerald J. Gravel, by Nationwide Insurance, in the amount of $1,848.29
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED.
Claim of CAP Promotions, Inc., in the amount of $50,000.00
Claim of Law Firm of Fortunato & Tarro, in the amount of $5,839.40
Claim of Thomas McQuesten, in the amount of $382.53
Claim of Armanda Mota, by Attorney Marc B. Gursky, in no amount specified.
Claim of Steven J. Seeche, in the amount of $523.04
Claim of Salvatore R. Vitale, by AMICA Mutual Insurance Company, in the amount of $478.18
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Calista, the following claim was LAID ON THE TABLE.
Claim of Diana Landry & Lorenzo Tetreault, in the amount of $821.18
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED - CLAIMANT TO CONTACT DEPARTMENT OF TRANSPORTATION, JAMES CAPALDI, CHIEF OF CONSTRUCTION OPERATIONS.
Claim of Bryan M. Beatty, in the amount of $69.25
Claim of Constance Faber, in the amount of $36.69
Claim of Annette Sarrazin, in the amount of $90.00/75.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT THE WATER SUPPLY BOARD.
Claim of Tina Welliver, in the amount of $341.03
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT PUBLIC BUILDINGS AUTHORITY.
Claim of Frederic A. Moritz, by Allstate Insurance Company, in the amount of $394.92
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following entitled ordinance:
Ordinance to Amend Chapter 2055 (AS AMENDED) Entitled "Ordinance Establishing the P.A.R.E. Program"
Upon Motion made by Councilor Calista, seconded by Councilor Kinder the following Ordinance is Laid on the Table on a unanimous voice vote:
Ordinance to Amend Chapter 2055 (AS AMENDED) Entitled "Ordinance Establishing the P.A.R.E. Program"
THE CLERK IS INSTRUCTED TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD WEDNESDAY, MARCH 11, 1992.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilors Rabbitt and Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jack Rahill, Director of Finance, asking that he appear at a precouncil session on Wednesday, March 11, 1992, to explain why the City hired a new bond counsel without going through the appropriate steps as outlined in the City Charter.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilors Calista, Moran and Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Donald E. Goulet, Chairman, Zoning Board of Appeals, regarding the Special Zoning Board meeting on February 11, 1992, to take up the matter on Ashton Street. The Council would like the Board to take up only the four unit building or table the nine units until after the six month waiting period is over.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following communication:
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following communication is Read and Ordered Filed and referred to the Energy Committee on a unanimous voice vote:
Communication from Raymond W. Houle, Jr., Director of Administration, to Councilor Kevin J. Rabbitt. (Purchase of street lights within the City of Pawtucket)
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Robert E. Metivier, requesting that he look into the possibility of relocating the City offices currently located at 200 Main Street into the City Hall to save money.
The Council also wishes to know how many square feet are being rented at that location and what is the rental fee per square foot for these offices.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to all Rhode Island City and Town Clerks, forwarding a newspaper article for their information.
THE CHAIR RECOGNIZES COUNCILOR KINDER.
With majority consent of the Council, the following Motion made by Councilor Kinder, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Daniel P. Fanning, Executive Director, Rhode Island Department of Transportation, to ask for a determination on placing delayed green lights on the street lights at the intersections of Newport Avenue and Cottage Street, Central Avenue, Benefit Street, and Armistice Boulevard. (Turning East traveling from South Attleboro towards East Providence)
The Council would like a response to this letter in time for the meeting of March 11, 1992.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to James Kulczycki, Director of Parks, regarding the resurfacing of the Slater Park tennis courts. Councilor Moran is concerned about the cracks in the surface of the courts and wants to know the following information:
1. Who was the contractor for the project?
2. Did they have a warrantee on the work?
3. What was the cost of the project?
4. What was the source of funding for the project?
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion mad[illegible] by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Daniel P. Fanning, Executive Director, Rhode Island Department of Transportation, requesting that he send someone to inspect the work done on Roosevelt Avenue in front of 353 and 365 Roosevelt Avenue. Councilor Vieira is very concerned about the quality of the work done at those locations.
THE CHAIR RECOGNIZES COUNCILOR KINDER.
With majority consent of the Council, the following Motion made by Councilor Kinder, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Daniel P. Fanning, Executive Director, Rhode Island Department of Transportation, asking why the sewer covers on Prospect Street have sunk down below street level. This has caused problems for several motorists in the area.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jack Rahill, Director of Finance, requesting a listing of all insurance policies held by the City of Pawtucket over the last two years. In particular, include effective dates of the policies, the premiums paid, the limits on the plans, the name of both the carrier of the insurance and the agent who deals with the City.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at ten forty two o’clock p.m.