City Council, July 8, 1992.
A regular session of the City Council is held Wednesday, July 8, 1992, at eight eleven o’clock p.m. All the members are present except Councilor Kinder and President Barry presides.
THE COUNCIL RECESSES AT EIGHT FIFTEEN O’CLOCK P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
ORDINANCE RELATING TO TRAINING FOR INTERVENTION PROCEDURES BY SERVERS OF ALCOHOL (TIPS)
THE CITY COUNCIL RECONVENES AT EIGHT FIFTY O’CLOCK P.M.
The reading of the records of June 17, 22, 23, 24, 25, 30, 1992, is dispensed with and the records are approved as prepared by the Clerk.
Upon Motion made by Councilor Vieira, seconded by Councilor Moran 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 RABBITT.
With majority consent of the Council, upon the recommendation of the City Property Committee, 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 Joseph A. Pic***ardi, Assistant Director, Rhode Island Department of Transportation, regarding the property located on Fountain Street.
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, regarding the status report of the P.A.R.E. Program and the Police Equipment Fund for FY 91 and FY 92 thru 6–19–92.
Also, the Council wishes to know what caused the over expenditure in the police equipment fund.
The Council is also requesting that the P.A.R.E. Program report be submitted separately from the monthly Status of Appropriations reports as suggested in his memo.
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 Commander Richard DeLyon, requesting that he submit a monthly report including the following information concerning the P.A.R.E. Program.
1. Number of overtime hours spent each month on the P.A.R.E. Program.
2. Number of violations issued each month under the P.A.R.E. Program.
The Council is requesting that this report be provided at the first meeting of each month.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Bray, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Roland C. Moussally, Executive Director of the Pawtucket Housing Authority, regarding the request to construct a playground at Prospect Heights.
The Council is suggesting that he contact Jim Kulczycki, Director of Parks, to look into the possibility of using some of the surplus and unused recreational equipment in storage at Slater Park for the new playground proposed for Prospect Heights.
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 the entire Pawtucket Delegation to the General Assembly forwarding the letter to Mr. Daniel P. Fanning, Director of the Department of Transportation from Representatives Thomas E. Hodge, and Mabel Anderson, regarding the maintenance of Route 95 in Pawtucket, and asking for their assistance on this matter.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following communication:
Upon Motion made by Councilor Calista, seconded by Councilor Vieira, the following communication is Read and Ordered Filed.
Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to the Pawtucket City Council. (Slater Park Zoo Contract with Angelo Simone)
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to William Mulholland, Director of Recreation and Michael D. Cassidy, Director of Planning and Redevelopment, requesting that they attend a pre-council session scheduled for Wednesday, July 22, 1992, at 6:45 p.m., to discuss the Slater Park Zoo Contract entered into with Angelo Simone.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement introduces the following communication:
Upon Motion made by Councilor Clement, seconded by Councilor Vieira, the following communication is Read and Ordered Filed.
Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Reserve Fund)
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 Jack Rahill, Director of Finance, regarding the communication stating the balance of $781,247.92 in the Reserve Fund.
The Council is requesting a detailed accounting of where this increase in the Reserve Fund came from; i.e., is this unencumbered free funds or is this money the funds the City Council has already earmarked?
Also, Councilor Vieira is requesting a breakdown on where this additional money is coming from, when was it received, and how did this occur.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement introduces the following communication:
Upon Motion made by Councilor Clement, seconded by Councilor Vieira, the following communication is Read and Ordered Filed.
Communication from John T. Gannon, City Solicitor, to Richard J. Goldstein, City Clerk. (PBA Bonds)
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Robert J. Uyttebroek, City Council Fiscal Advisor, to invite him to attend a pre-council session, scheduled for Wednesday, July 22, 1992, 7:00 p.m., to review and discuss the duties and responsibilities of his position.
Petition for AUTO REPAIR SHOP LICENSE of Laurent Beauchamp and Christopher Auclair d/b/a Louis Auto Repair, 72 Exchange Street, Tax Assessor’s Plat 43, Lot 533, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Laurent Beauchamp.
Mr. Beauchamp states that he has 20 years experience in this business.
The hours of operation will be from 8:00 a.m., to 6:00 p.m.
There will be general repair work, on such things as brakes and shocks. There will be no body work and no selling of cars.
Mr. Beauchamp states that the unused junk is picked up weekly.
There is also gasoline sales there.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Vieira, seconded by Councilor Calista, the petition for AUTO REPAIR SHOP LICENSE is GRANTED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE of Laurent Beauchamp and Christopher Auclair d/b/a Louis Auto Repair, 72 Exchange Street, Tax Assessor’s Plat 43, Lot 533, to keep a shop for repairing automobiles. LIC#30126
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 Joseph Roque, Purchasing Agent, regarding the Council’s Resolution requesting that he submit a monthly report of all emergency purchases to the City Council.
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 John T. Gannon, City Solicitor, regarding the 1988 Revocation Order of Lopes Liquors.
Petition for AUTO REPAIR SHOP LICENSE of Steven Parkinson d/b/a Car Care Center, 274 Broadway, Tax Assessor’s Plat 22, Lot 183, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Steven Parkinson, 982 York Avenue, Pawtucket, RI, applicant.
Mr. Parkinson states that he has 15 years of experience on cars.
Mr. Parkinson states that he went to Davies Vocational School to learn auto body work.
The hours of operation will be from 8:00 a.m., to 6:00 p.m.
There will be no auto body work. There is no parking outside and all cars are inside.
Mr. Parkinson states that the repair work is being done by himself and two partners on their personal automobiles. They do not collect any fees for the work, it is for private use only. The reason for this license is because someone complained to DEM and an inspector notified Mr. Parkinson that he needed a license.
Speaking in favor is George Patterson, 73 Fountain Street, Pawtucket, RI.
Mr. Patterson states that he lives one house away from the establishment, and he has no objection to the license.
Mr. Patterson also states that Mr. Parkinson is the type of person who deserve the license.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Moran, seconded by Councilor Vieira, the Petition for AUTO REPAIR SHOP is LAID ON THE TABLE on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE of Steven Parkinson d/b/a Car Care Center, 274 Broadway, Tax Assessor’s Plat 22, Lot 183, to keep a shop for repairing automobiles. LIC#30074
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 Frank Rendine, Director, Division of Zoning and Code Enforcement, requesting that he inspect 274 Broadway, to determine exactly what type of business is taking place and if this is a suitable business for the area.
Petition for AUTO REPAIR SHOP LICENSE of Felix Vicente d/b/a Candy’s Auto Body & Repair, 519 Broadway, Tax Assessor’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 Carrie Talbot, interpreter for Mr. Vicente, Ayr Street, Central Falls, RI, applicant.
Councilor Doyle asks if Mr. Vicente is aware that there have been four changes at this location in the past years.
Mr. Vicente states that he has been doing auto body repair work and has a license from the Rhode Island Auto Body Shop License Commissioner.
He has been informed that he needs an Auto Repair Shop License to repair the cars.
Councilor Doyle asks if he was working on the cars on Sunday.
Mr. Vicente responds that on Sunday he only cleans the building, he does not repair the cars.
Councilor Doyle asks if he understands that if he is open on Sundays he will jeopardize his license.
Mr. Vicente responds yes.
There are no other speakers.
The Hearing is Closed.
Upon Motion made by Councilor Doyle, seconded by Councilor Moran, the following Petition for Auto Repair Shop License is GRANTED PENDING THE REPORT FROM THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE of Felix Vicente d/b/a Candy’s Auto Body & Repair, 519 Broadway, Tax Assessor’s Plat 8, Lot 186, to keep a shop for repairing automobiles, which was advertised for a hearing at this time. LIC#30038
PRESIDENT BARRY REQUESTS THAT THE CLERK CONTACT THE TOWN OF BRISTOL TO OBTAIN A COPY OF THE AD WHICH WAS PLACED IN THE JOURNAL FOR LEGAL REPRESENTATION.
THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD ON JUNE 24, 1992, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION ABATING REAL, PERSONAL AND TANGIBLE PERSONAL PROPERTY TAXES, MOTOR VEHICLES TAXES AMOUNTING TO $881, 761.66
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Moran, Rabbitt and Vieira.
Noes - 0
THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AT THE MEETING HELD JUNE 24, 1992, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
ORDINANCE TO AMEND THE PAY PLAN FOR THE CITY OF PAWTUCKET. (City Solicitor)
The following Ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Moran, Rabbitt and Vieira.
Noes - 0
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Moran, Rabbitt and Vieira.
ORDINANCE IN AMENDMENT OF CHAPTER 2063 ENTITLED "AN ORDINANCE REGULATING SECURITY ALARM SYSTEMS WITHIN THE CITY OF PAWTUCKET, RHODE ISLAND. (Installation of a Panic Button System)
ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENTS:
ORDINANCE RELATING TO TRAINING FOR INTERVENTION PROCEDURES BY SERVERS OF ALCOHOL (TIPS) - Amend as follows:
Amend the title to read:
ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS.
THE ORDINANCE SHALL READ AS FOLLOWS (Underlined wording denotes amendments):
At the time of renewal of all Class A, B, C, D and E liquor licenses, license holder shall present evidence of completion of a certified TIPS training program, such as TIPS (Training for Intervention Procedures by Servers of Alcohol), TAM (Technics of Alcohol Management) or a similar certified training program, by either the owner of the establishment or one or more of their full-time employees. TIPS training may will be offered several times a year by the city’s Substance Abuse Task Force or its successor.
SECTION 2. Failure of a license holder to provide evidence of completion of such a training program shall result in the establishment being closed until the certificate is provided. An extension of time to allow for certification may be granted by the Board of License Commissioners.
SECTION 3. This ordinance shall take effect upon its passage.
Upon Motion made by Councilor Clement, seconded by Councilor Bray, the AMENDMENTS to the Ordinance Entitled "ORDINANCE RELATING TO TRAINING FOR INTERVENTION PROCEDURES BY SERVERS OF ALCOHOL (TIPS)" are passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle and Vieira.
Noes - Councilor Moran.
Abstain - Councilor Rabbitt.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt requests that the ordinance entitled "ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS" formerly entitled "ORDINANCE RELATING TO TRAINING FOR INTERVENTION PROCEDURES BY SERVERS OF ALCOHOL (TIPS)" be further AMENDED to exclude existing Class A License holders from the training program and only new applicants for Class A Liquor License would be mandated to take this training course.
The Motion made by Councilor Rabbitt, seconded by Council President Barry to amend an ordinance entitled "ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS" formerly entitled "ORDINANCE RELATING TO TRAINING FOR INTERVENTION PROCEDURES BY SERVERS OF ALCOHOL (TIPS)" is defeated on a roll call vote, as follows:
Ayes - Councilor Rabbitt.
Noes - President Barry, Councilors Bray, Clement, Doyle, Moran and Vieira.
Abstain - Councilor Calista.
The following Ordinance is read for the first time is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Rabbitt and Vieira.
Noes - Councilor Moran.
ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS. (AS AMENDED) formerly entitled "ORDINANCE RELATING TO TRAINING FOR INTERVENTION PROCEDURES BY SERVERS OF ALCOHOL (TIPS)"
CEMETERY COMMITTEE RETURNS THE FOLLOWING REQUEST FOR PURCHASE WITH THE RECOMMENDATION FOR APPROVAL:
Imitation grass to be used for aesthetic purposes at the grave sites, approximate cost is $300.
(Purchases subject to the purchasing procedures set forth in the Charter).
Upon Motion made by Councilor Calista, seconded by Councilor Clement the request for purchases of a stainless steel lowering device and imitation grass are approved on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Rabbitt and Vieira.
Noes - 0
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following Communications:
Upon Motion made by Councilor Rabbitt, seconded by Councilor Vieira, the following communications are Read and Ordered Filed.
Communications from Antonio Salvatore, President, Star Auto Sales, Inc., to whom it may concern (the Pawtucket City Council) regarding stipulations on the license.
THE FOLLOWING PETITIONS WERE LAID ON THE TABLE AT THE MEETING HELD JUNE 24, 1992, AND ARE AGAIN TAKEN UP AND ARE GRANTED WITH STIPULATIONS AS DETAILED IN A COMMUNICATION FROM ANTINIO SALVATORE DATED JULY 6, 1992, INCLUDING A DRAWING WHICH SHALL BE MADE A PERMANENT PART OF THIS LICENSE ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE.
Star Auto Sales Inc., 512 York Avenue, LIC #30124 & #40105
THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS) NEW
Benefit Street Pub Inc., 433 1/2 Benefit Street, LIC#258
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
MOBILE FOOD VENDOR (RENEWAL)
Paul D. Charpentier Res: Don Avenue, Rumford, RI. LIC#83
Franceso & Joann Capaldi Res: 18 Freedom Ct., RI. LIC#120
Domino’s Pizza, 141 Broad St LIC #127
PINBALL & AMUSEMENT DEVICES (RENEWAL)
CC & DD Inc d/b/a Dazzles, 602 Smithfield Avenue, LIC#70009
PRIVATE DETECTIVE (RENEWAL)
Michael Dupre, 1464 Newport Avenue, LIC#90142
VICTUALLING HOUSE (FIRST CLASS) NEW
Caprichos Antioquenos Bakery Inc., 173 Lonsdale Avenue, LIC#259
*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:
Kenneth Lafratta, surety - Aetna Casualty and Surety Company.
Richard Lafratta, surety - Aetna Casualty and Surety Company.
Robert Ventura, surety - Peerless Insurance Company.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Recovery Services International, Inc., RE: Lynn Miller - No amount specified.
Joseph Silva - $2,522.26
Connie Terino - $473.70
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THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by the entire Council, is passed on a unanimous voice vote:
The Clerk is instructed to contact the Pawtucket Senate Delegation to the General Assembly to express the Councils strong support for 92-H9605 "AN ACT RELATING TO PROPERTY TAX CLASSIFICATION IN PAWTUCKET." The Clerk is instructed to inform the Delegation that this legislation is critical to the economic well being of the City and to express their surprise that a local bill is having trouble being passed in the Senate.
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 Bruce G. Sundlun, Governor of the State of Rhode Island, regarding a Group Home which recently opened on Ridge Street in Pawtucket.
The Council has requested that the Clerk forward to him a copy of a City Ordinance relating to Group Homes and ask that he forward a copy of this Ordinance to Ms. Linda D’Amario Rossi, Director of the Department of Children, Youth and Families.
The Council is requesting that he and Ms. Rossi meet with the neighbors in the vicinity of the Group Home to explain to them why none of the procedures as set forth in our Ordinance or in the rules and regulations of the Department relating to Group Homes were followed; and also, to assure the neighbors that people with criminal problems will not be living there.
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 Patrick J. Quinlan, Esq., Legal Counsel to the Pawtucket City Council, regarding the sale of former Mayor Sarault’s home on Pinecrest Drive.
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 John T. Gannon, City Solicitor, regarding businesses which advertise "Speedy Delivery Services".
The Council is concerned that such a practice is a potential safety hazard.
Upon Motion made by Councilor Vieira, seconded by Councilor Doyle, the meeting is adjourned at ten thirty o’clock p.m.