City Council, January 8, 1992.
A regular session of the City Council is held Wednesday, January 8, 1992, at eight thirty o’clock p.m. All the members are present and President Barry presides.
The reading of the records of December 18 and 20, 1991, is dispensed with and the Records are approved as prepared by the Clerk.
The Council recesses at eight thirty-one to conduct public hearings on the following:
Confirmation of Appointments to Various Boards and Commissions.
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 31–85 Time Limit for Variances.)
The Council reconvenes at eight thirty-nine o’clock p.m.
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:
THE CHAIR RECOGNIZES COUNCILMAN MORAN.
With majority consent of the Council, the following Motion made by Councilman Moran, seconded by Councilman Doyle, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to the Pawtucket Delegation of the General Assembly requesting that the legislation, which was submitted last year to allow the Channel One Television Education Program to be used in the Pawtucket School System, be resubmitted this year for consideration by the General Assembly.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilmembers Rabbitt and Clement, is passed on a unanimous voice vote:
The Clerk is instructed to telephone Michael Cassidy, Director of Planning & Development requesting a status report on the Advertising and Information Package on the "Stearns House" by 5:00 p.m., January 9, 1992,
Communication from His Honor, Mayor Raymond W. Houle, Jr., submitting the following appointment to the Public Buildings Authority FOR CONFIRMATION:
The following nomination, submitted by His Honor, Mayor Raymond W. Houle, Jr., for confirmation, in confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
PUBLIC BUILDINGS AUTHORITY
Charles F. Thurley, Jr., 46 Revere Street. Term expires the first Monday in January, 1997.
THE CHAIR RECOGNIZES COUNCILMEMBER CLEMENT.
With majority consent of the Council, the following Motion made by Councilmember Clement, seconded by Councilman Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to prepare a Press Release in an effort to get people involved in positions in local Government and Residents are asked to apply for spots on the Pension Review Board and the Ethics Commission; also, the Clerk is further instructed to request Mayor Metivier to ask that the resumes he has received for appointments to different Boards and Commissions be made available to the City Council to assist in their appointments to the Pawtucket Pension Board.
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 letter to Peter Granieri, Acting Director of Public Works and William Magill, Director of Civil Preparedness, asking why the City is only receiving $89,000 from F.E.M.A. for reimbursements to costs from Hurricane Bob. The Council is under the impression that the City had applied for a much higher reimbursement and would like to know if this is a full payment or will further reimbursements be received. Also, the Council would like a response to a letter from Save the Park regarding F.E.M.A. monies.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Clement, Doyle, Kinder, Moran, Rabbitt, and Vieira.
Noes - 0
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 Martin E. Joyce, Director of Personnel, regarding police and fire testing. In particular, the following questions:
1. Will the upcoming test for firefighters be 100% written or will it be a combination of written and oral. If it is a combination, what percentage of the final score will come from the oral exam and who will administer the oral exam (in-house of outside tester?)
2. The letter sent to applicants who failed the police exam were told, in error, that they could review their test scores. Councilman Calista is requesting that a letter be sent correcting the error and stating that the applicants will have an opportunity to discuss the results of his/her test with the Personnel Department.
3. It is suggested that more advertising is necessary to recruit the best applicants for the fire and police tests; therefore it is requested that more than one ad be placed for each test, and that press releases be sent out to the newspapers as well.
4. What role does the Personnel Board play in police and fire testing?
5. Establish a policy on the step by step procedures for fire and police testing to be given to the applicants with their applications.
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Clement, Doyle, Kinder, Moran, Rabbitt, and Vieira.
Noes - 0
THE CHAIR RECOGNIZES COUNCILMEMBER CLEMENT.
With majority consent of the Council, the following Motion made by Councilmember Clement, seconded by Councilman Rabbitt is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Cassidy, Director of Planning and Development, to inform him that the Council intends to have another Public Hearing on any amendments to the Friendship Gardens Project, once the Wetlands Application is approved by DEM.
THE CHAIR RECOGNIZES COUNCILMEMBER CLEMENT.
With majority consent of the Council, Councilmember Clement introduces the following communication:
Upon Motion made by Councilmember Clement, seconded by Councilman Vieira, the following Communication is READ AND ORDERED FILED:
Communication from Michael D. Cassidy, Director of Planning and Development to Council President John J. Barry, III. (Watershed Watch Program.)
THE CHAIR RECOGNIZES COUNCILMEMBER CLEMENT.
With majority consent of the Council, the following Motion made by Councilmember Clement seconded by Councilman Rabbitt, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Metivier and Michael Cassidy, Director of Planning and Development, requesting that $125 for testing the Slater Park Pond, as outlined in a Communication from Michael Cassidy regarding the Watershed Watch, be provided for in the Budget.
It is further requested that John DiPanni, Chairman of the Pawtucket Parks Commission submit the Commission’s opinion on the testing of the Slater Park Pond, including any alternative methods of accomplishing this goal; for example, having a high school program where students would be allowed to do the testing.
THE CHAIR RECOGNIZES COUNCILMEMBER CLEMENT.
With majority consent of the Council, the following Motion made by Councilmember Clement, seconded by Councilman Kinder is passed on a unanimous voice vote:
The Clerk is instructed to notify all Members of Boards and Commissions that the minutes of all meetings are required to be sent to the City Clerk’s Office to be kept on file for public inspection.
THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.
With majority consent of the Council, the following Motion made by Councilman Vieira, seconded by Councilmember Clement 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 status report on the properties owned by Mr. Gerard Lupien. In particular, the Council is asking what action Mr. Lupien is taking regarding the violations which were cited in Mr. Rendine’s report, and if none have been taken, what is the deadline for either removing the apartments or appealing to the Board of Appeals.
THE CHAIR RECOGNIZES COUNCILMEMBER CLEMENT.
With majority consent of the Council, the following Motion made by Councilmember Clement, seconded by Councilman Vieira, that all Members of the Pawtucket City Council shall be referred to as "COUNCILOR," is passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Clement, Doyle, Kinder, Moran, Rabbitt, and Vieira.
Noes - 0
ALL MEMBERS OF THE PAWTUCKET CITY COUNCIL SHALL BE REFERRED TO AS "COUNCILOR"
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Calista, Clement, Doyle, Kinder, Moran, 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 31–85 Time Limit for Variances.)
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 forward a copy, after second and final passage, of the above Zoning Ordinance to the Zoning Department and all Members of the Zoning Board.
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Calista, Clement, Doyle, Kinder, Moran, Rabbitt, and Vieira.
Noes - 0
Ordinance in Amendment of Chapter 2197 of the Ordinances of the City of Pawtucket Establishing a Pay Plan for the City of Pawtucket. (Director of Human Resources)
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilors Calista and Moran, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jack Rahill, Director of Finance, requesting how the proposed zero based budgeting that the Administration is proposing will work with the possibility of an 18 month budget that the Council is currently considering.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Eugene J. Jeffers, Chief Engineer Water Supply Board, for the second time, regarding the conditions on Weeden Street. The Council wants to know why the road was not finished by the November 30, 1991, completion date, and if any action can be taken against the Contractor for failure to make that deadline. Further, a response is requested within 48 hours.
THE FOLLOWING APPLICATION FOR LICENSE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
POOL TABLE (Renewal)
Jan’s Place Inc. 58–60 Middle Street (1) Weekdays & Sundays LIC #17
THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
*PETITION FOR LICENSES:
FLOWER PEDDLER (RENEWALS)
Geraldine Teixiera, 54 Paul Street, Pawtucket, RI LIC #75
Mary Teixiera, 54 Paul Street, Pawtucket RI, LIC #99
Manuel Teixiera, 54 Paul Street, Pawtucket RI, LIC #98
POOL TABLE (RENEWALS)
Bandilli Cafe Inc. d/b/a State Line Cafe 514 Benefit Street (1) Weekly & Sunday LIC #4
Benefit Street Pub Inc. 433 1/2 Benefit Street (1) Weekdays LIC #5
Boulevard Billiard Club 508 1/2 Armistice Boulevard (1) Weekdays & Sundays LIC #6
Cape Verdean American Lounge Inc. 17 Exchange Street (1) Weekdays & Sundays LIC #9
DVK Enterprises Inc. d/b/a Boomer’s Sports Bar and Comedy Club 327 Barton Street (2) Weekdays & Sundays LIC #11
Happy Hour Club 404 Benefit Street (1) Weekdays & Sundays LIC #14
Harry O’s Place Inc. d/b/a Harry O’s Place 605–607 Broadway (1) Weekdays & Sundays LIC #15
Judge Kelley’s Inc. d/b/a Kelley’s Corner Pub 584 Smithfield Avenue (1) Weekdays & Sundays LIC #18
LaFayette Social Club Inc. 71–73 Benefit Street (1) Weekdays & Sundays LIC #19
Royal Antedeluvian Order of Buffaloes 532 Lonsdale Avenue (1) Weekdays & Sundays LIC #23
2nd Ward Independent Club 409 Cottage Street (1) Weekdays & Sundays LIC #25
South End Saloon Inc. d/b/a The Corner Pocket 569 Broadway (1) Weekdays & Sundays LIC #26
Stooge’s Inc d/b/a Stooge’s Pub 90 Broad Street (1) Weekdays & Sundays LIC #27
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Fred Howarth - $1,157.88
Diane Landry - $821.18
Sandra J. Martin - $70.00
Armanda Mota - No amount specified
Steven J. Seeche - $523.04
Margaret San Souci - $2,242.67
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS OF THE CITY COUNCIL THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT on a roll call vote, as follows:
Ayes - President Barry, Councilors Calista, Clement, Doyle, Kinder, Moran, and Vieira.
Noes - 0
Abstain - Councilor Rabbitt.
Claim of Charles Martel, in the amount of $102.71
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS OF THE CITY COUNCIL THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT on a unanimous voice vote:
Claim of Tyrone E. Clanton in no amount specified.
Claim of David Hosmer by Attorney Donald R. Lembo, in no amount specified.
Claim of Robert Langdeau, by Claim Strategies, in no amount specified.
Claim of Richard McDowell by Attorney Larry Dub, in the amount of $500,000.00
Claim of Andrew Motyka by Attorney Mary E. Theall, in no amount specified.
Claim of Richard Notardonato, by Attorney Donald R. Lembo, in no amount specified.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS OF THE CITY COUNCIL THE FOLLOWING CLAIM IS DENIED AND CLAIMANT TO CONTACT FORTE BROTHERS CONSTRUCTION COMPANY on a unanimous voice vote:
Claim of Lewis J. Bryant in the amount of $9.75
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS OF THE CITY COUNCIL THE FOLLOWING CLAIM IS DENIED AND CLAIMANT TO CONTACT THE J. H. LYNCH CONSTRUCTION COMPANY on a unanimous voice vote:
Claim of William Rodgers in the amount of $248.34
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS OF THE CITY COUNCIL THE FOLLOWING CLAIM IS DENIED AND CLAIMANT TO CONTACT THE BISZKO CONSTRUCTION COMPANY on a unanimous voice vote:
Claim of Craig Siekiera in the amount of $498.94
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS OF THE CITY COUNCIL THE FOLLOWING CLAIMS ARE DENIED AND CLAIMANT TO CONTACT RHODE ISLAND DEPARTMENT OF TRANSPORTATION on a unanimous voice vote:
Claim of Charles Altonian in the amount of $113.75
Claim of Paddy Read in the amount of $96.53
Claim of George B. Roorbach in the amount of $1,160.64
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS OF THE CITY COUNCIL THE FOLLOWING CLAIM IS DENIED AND CLAIMANT TO CONTACT THE PUBLIC BUILDINGS AUTHORITY on a unanimous voice vote:
Claim of Antonio Alves in the amount of $272.31
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS OF THE CITY COUNCIL THE FOLLOWING CLAIMS ARE DENIED on a unanimous voice vote:
Claim of Raymond A. Cartwright in the amount of $1,300.00
Claim of Geraldine DiPina in the amount of $853.30/518.71
Claim of Monica L. Duprey, in the amount of $4,300.00
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt submits the following Communication:
Upon Motion by Councilor Rabbitt, seconded by Councilor Calista, the following Communication is READ AND ORDERED FILED AND THE CLERK IS INSTRUCTED TO NOTIFY MR. FORTUNATO THAT THE MEMBERS OF THE ENERGY COMMITTEE WILL BE RESPONDING TO THIS MATTER AS SOON AS THE BUDGET PROCESS IS COMPLETED on a unanimous voice vote:
Communication from Stephen J. Fortunato, Jr., Attorney at Law to The Hon. Kevin Rabbitt, The Hon. Joseph Calista, Members Pawtucket City Council. (Carl Salvo)
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Cassidy, Director Department of Planning and Development requesting a comprehensive report on all contracted activities between the City of Pawtucket and Rockwell Amusements; including, was the Contract put out to bid, when did it begin, how much money has been paid, what is the total value of the contract, etc.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Gerald J. Pouliot, Acting City Solicitor requesting a response to a previous request for a legal opinion regarding the Absentee Landlord Ordinance.
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 Calista, the following Communication is REFERRED TO THE RECREATION COMMITTEE AND TO JAMES KULCZYCKI, DIRECTOR OF PARKS FOR HIS COMMENTS on a unanimous voice vote:
Communication from The Latin American Association Auxiliary Club to The Honorable City Council. (Festival)
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Governor Sundlun, to once again ask for his suggestions on cutting the City of Pawtucket’s fiscal year 1992 budget by 10%.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Metivier; Gerald Pouliot, Acting City Solicitor; and Patrick Quinlan, Assistant City Solicitor, asking if the Mayor and the City Solicitor’s Office have reached any agreements with either Mr. Sarault or Mr. Simon, resulting from the actions taken by the City to be reimbursed for their criminal activities. If any such agreement is being contemplated, the Council wants to be informed prior to the signing of any such deal.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to James Kulczycki, Director of Parks, requesting that he respond to a letter from Save the Park.
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 Mike Burns, Traffic Engineer, requesting the he check the "No parking Signs" on Senate Avenue, between Newport Avenue and Clarner Street. Councilor Moran states that he has received complaints that the signs are unreadable because of the way the sunlight hits them.
PRESIDENT BARRY, IN COMPLIANCE WITH SECTION 2–105 ARTICLE II OF THE CHARTER, AND SECTION 2.8 OF ARTICLE II OF THE PAWTUCKET REVISED ORDINANCES OF 1966, SUBMITS TO THE CITY COUNCIL FOR THE RECORD, THE FOLLOWING COMMITTEE APPOINTMENTS FOR THE YEARS 1992–1993: