May 6, 1992 - Regular City Council Session

City Council, May 6, 1992.

A regular session of the City Council is held Wednesday, May 6, 1992, at eight thirty-five o’clock p.m. All the members are present and President Barry presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC INPUT PERIOD FOLLOWED BY THE MEETING OF THE PAWTUCKET BOARD OF LICENCE COMMISSIONERS.

THE COUNCIL CONDUCTS A PUBLIC HEARING AT 10:14 PM ON THE FOLLOWING:

ORDINANCE IN AMENDMENT OF CHAPTER 1810, 1845, 1853, 1899, 1933, 2007, 2037 AND 2114 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 10 TO THE REDEVELOPMENT PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM, AMENDING SAID PLAN BY ADDING THERETO PROVISIONS FOR COMMUNITY DEVELOPMENT AREAS FOR PROJECT NO. P-CDA-XVII (SEE EXHIBIT A)

THE COUNCIL RECONVENES AT 10:47 PM.

The reading of the records of April 22, 1992, is 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:

611      B.         Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Tax Scenarios)

028      C.        Communication from John Martins, President of Sterry Street Towing Co., and East Coast Sales, Service and Collision, to Richard J. Goldstein, City Clerk. (Regarding Public Hearing on January 22, 1992)

028      D.        Communication from Donna D. Vanderbeck, Council Member, North Kingstown, Rhode Island, to Mayor Robert E. Metivier. (Trash Incineration in the State of Rhode Island)

061      G.        Communication from Jack Rahill, Finance Director, to Members of the City Council. (Fiscal period from July 1, 1991, through March 31, 1992)

63        **I.      Communication from John T. Gannon, Acting City Solicitor, to Richard J. Goldstein, City Clerk. (Amendments to Prompt Payment Ordinance)

028      J.          Communication from David L. Quinn, Acting Tax Assessor, to Councilor Kevin J. Rabbitt. (Tax Abatement Resolution)

028      **K.    Communication from Frederick R. Love, Chairman of the Historic District Commission, to Pawtucket City Council. (National Historic Preservation Week)

588      L.         Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Bond Anticipation Notes)

611      M.        Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Savings Related to Early Retirement Program)

625      **N.    Communication from Anthony J. Robbio, Jr., to Eric M. Weinstein, State Director, Chosen Children Foundation Inc. (Chosen Children Foundation)

126      O.        Communication from Bill Mulholland, Director of Recreation, to Recreation Committee. (Zoo Proposal Financial Package)

613      P.         Communication from John T. Gannon, Acting City Solicitor, to Council President John J. Barry, III. (Amendment to the Prompt Pay Ordinance)

**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

3          A.        Communication from Dr. Richard P. Charlton, Superintendent of Schools, to Pawtucket City Council Members. (School Budget) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Doyle, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Councilor Doyle, Chairman of the Finance Committee, requesting that the Finance Committee set up a Budget Workshop to discuss the School Budget with School Committee and School Department representatives.

624      E.         Communication from Joseph Roque, Purchasing Agent, to Pawtucket City Council. (Charter Review Recommendation) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Clement, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Monique Renaud, Chairperson of the Pawtucket Charter Review Commission, requesting that the Commission again review Section 4–1007 of the City Charter entitled "Emergency Purchases Authorized," especially the second to last sentence in the Section.

The Council would also like the Commission to send copies of all the proposed changes to them for their review.

2          F.         Communication from Peter O’Neill, Lt., Fire Marshal, to Councilor Kevin Rabbitt. (Property at 512 York Avenue) is Read and Ordered Filed.

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 Lt. Peter O’Neill, Fire Prevention Officer, to inform him that all Second Hand Shop and Auto Repair Shop applications will be sent to him for his approval, prior to issuance of these licenses.

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 Frank Rendine, Director of Zoning and Code Enforcement, requesting that he send a copy of the Zoning Board of Review’s agenda to Peter O’Neill, Fire Prevention Officer, each month prior to the Public Hearings for his comments. Also, the Council requests that any petitions which are approved be sent to Peter O’Neill prior to granting of the building permits.

625      H.        Communication from Raymond W. Houle, Jr., Director of Administration, to Members of the Pawtucket City Council. (Installation of a new automatic elevator in City Hall) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Clement, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Raymond W. Houle, Jr., Director of Administration, asking him for a break-down on all the costs of the new elevator, including labor costs. Also, the Council would like to know what the status of the project is regarding the bidding of it.

THE CHAIR RECOGNIZES COUNCILOR KINDER.

UPON MOTION MADE BY COUNCILOR KINDER, SECONDED BY COUNCILOR VIEIRA, THE MEETING IS EXTENDED UNTIL 12 O’CLOCK MIDNIGHT ON A UNANIMOUS VOICE VOTE.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

With majority consent of the Council, Councilor Calista introduces the following communication:

592      Communication from Michael D. Cassidy, Director of Planning and Development, to Pawtucket City Council. (Community Development Block Grant Program Year XVIII (JULY 1, 1992 - June 30, 1993)

Upon Motion made by Councilor Calista, seconded by Councilor Kinder, the following communication is Read and Ordered Filed.

Communication from Michael D. Cassidy, Director of Planning and Development, to Pawtucket City Council. (Community Development Block Grant Program Year XVIII (JULY 1, 1992 - June 30, 1993)

THE CLERK IS INSTRUCTED TO ADVERTISE FOR A PUBLIC HEARING SCHEDULED FOR MAY 20, 1992, AT 8:00 O’CLOCK PM.

THE FOLLOWING COMMUNICATION IS READ AND ORDERED FILED.

590      Communication from His Honor Mayor Robert E. Metivier, to Pawtucket City Council Members. (Veto Message regarding "Ordinance Entitled `Department Hiring Cap’") (AS AMENDED) is READ AND ORDERED FILED.

NO VOTE IS TAKEN ON THE FOLLOWING ORDINANCE TO OVERRIDE THE MAYOR’S VETO AND A COPY OF THE ORDINANCE IS REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

ORDINANCE ENTITLED "DEPARTMENT HIRING CAP" AS AMENDED.

THE FOLLOWING COMMUNICATION WAS LAID ON THE TABLE AT THE METING HELD APRIL 22, 1992, AND IS AGAIN TAKEN UP AND IS LAID ON THE TABLE UNTIL THE CEMETERY COMMITTEE MEETS WITH PETER P. GRANIERI, JR., P.E., ACTING DIRECTOR OF PUBLIC WORKS:

Communication from Peter P. Granieri, Jr., P.E., Acting Director of Public Works, to Members of the City Council. (Approval to Purchase Equipment and Supplies from Cemetery Account #709–4120711–0092)

THE FOLLOWING COMMUNICATION WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 22, 1992, AND IS AGAIN TAKEN UP AND IS READ AND ORDERED FILED ON A UNANIMOUS VOICE VOTE:

7          Communication from Richard E. DeLyon, Commander of Police, to John J. Barry, III, President of the Pawtucket City Council. (Images Night Club, 53 East Avenue)

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

With majority consent of the Council, Councilor Calista submits the bids received at the bid opening held at Fleet National Bank, on May 6, 1992, as follows:

BIDDER

AMOUNT

RATE

PREMIUM

 

 

 

 

Fleet Norstar Securities

$955,000

4.30%

14.00

Citizens Trust Co.

$955,000

4.67%

-0-

With majority consent of the Council, the following communication submitted by Councilor Calista, seconded by Councilor Kinder, is READ AND ORDERED FILED:

335      Communication from Jack Rahill, Finance Director, to the Honorable City Council, submitting recommendation from Fleet National Bank to award sale of $955,000 City of Pawtucket Bond Anticipation Notes to the lowest bidder, as follows:

BIDDER

AMOUNT

RATE

PREMIUM

Fleet Norstar Securities

$955,000

4.30%

$14.00

Upon Motion made by Councilor Calista, seconded by Councilor Kind[illegible]r, the following resolution is read and passed on a roll call vote, as follows:

Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

335      "Resolution Awarding sale of $955,000 City of Pawtucket Bond Anticipation Notes, to the following:

BIDDER

AMOUNT

RATE

PREMIUM

Fleet Norstar Securities

$955,000

4.30%

$14.00

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 22, 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 TAKEN UP:

023      RESOLUTION URGING PASSAGE OF AN ACT AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES FOR THE IMPROVEMENT OF SLATER PARK ZOO - $1,900,000.

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

Upon Motion made by Councilor Doyle, seconded by Councilors Moran and Vieira, the following Motion to DENY the following Resolution is passed on a roll call vote as follows:

Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

RESOLUTION URGING PASSAGE OF AN ACT AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES FOR THE IMPROVEMENT OF SLATER PARK ZOO - $1,900,000.

The following resolution is read and passed on a roll call vote, as follows:

Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

588      RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO TAKE ACTION FOR THE PURPOSE OF REDISTRICTING THE CITY OF PAWTUCKET AND DIRECTING THE CITY SOLICITOR TO PREPARE AN ACT FOR THE SAME.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

With majority consent of the Council, Councilor Bray introduces the following communication:

028      Communication from Alma Felix Green, President of Progreso Latino, to Council President John J. Barry, III. (Latin-American Auxiliary Club)

Upon Motion made by Councilor Bray, seconded by Councilors Clement and Vieira, the following Communication is Read and Ordered Filed:

Communication from Alma Felix Green, President of Progreso Latino, to Council President John J. Barry, III. (Latin-American Auxiliary Club)

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, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

330      CH 2259 ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2251.

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, Kinder, Moran and Vieira.

Noes - Councilor Rabbitt.

330      CH 2260 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." (Acting 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, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

330      CH 2261 ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE, IN HIS CAPACITY AS CITY TREASURER AND COLLECTOR OF TAXES, TO GRANT A DISCOUNT ON THE PAYMENT OF TAXES IN 1992.

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, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

330      ORDINANCE TO AMEND CHAPTER 2063 OF THE CITY OF PAWTUCKET ENTITLED "INSTALLATION OF A PANIC BUTTON SYSTEM IN BUSINESS ESTABLISHMENTS OPERATING BETWEEN THE HOURS OF 11:00 P.M. AND 5:00 A.M."

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, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 2259 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET". (Police Payroll Clerk)

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

ORDINANCE AUTHORIZING THE CITY TAX COLLECTOR TO ALLOW AN OPTION OF COLLECTING ALL REAL ESTATE AND PERSONAL PROPERTY TAXES, PENALTIES AND INTERESTS DUE THE CITY ON A MONTHLY BASIS.

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

COUNCIL PRESIDENT BARRY - OPPOSED.

ORDINANCE IN AMENDMENT OF CHAPTER 1810, 1845, 1853, 1899, 1933, 2007, 2037 AND 2114 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 10 TO THE REDEVELOPMENT PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM, AMENDING SAID PLAN BY ADDING THERETO PROVISIONS FOR COMMUNITY DEVELOPMENT AREAS FOR PROJECT NO. P-CDA-XVII (SEE EXHIBIT A)

THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

ORDINANCE IN AMENDMENT OF CHAPTER 2194 OF THE ORDINANCE OF THE CITY OF PAWTUCKET ESTABLISHING A MAXIMUM NUMBER OF LIQUOR LICENSES WITHIN THE CITY OF PAWTUCKET.

ORDINANCE IN AMENDMENT OF CHAPTER 2249 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE REGARDING PROMPT PAYMENT BY THE CITY OF PAWTUCKET."

ORDINANCE ENTITLED CLEARANCE OF VACANT LAND, VACANT LOTS, AND VACANT FIELDS.

Submitted by: Kevin J. Rabbitt, Councilor District Three

COUNCILOR MORAN LEAVES AT 11:33 PM.

The following Petition for Apportionment of Curbing Tax is granted on a roll call vote, as follows:

Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Rabbitt and Vieira.

Noes - 0

042      Petition for the Apportionment of Curbing Tax of Paul Desilets, Tax Assessor’s Plat 15, Lot 226. (160 Parkside Avenue)

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 Michael D. Cassidy, Director of Planning and Development, and Bill Mulholland, Director of Recreation, regarding the $3300 spent on the zoo proposal presented to the Council.

The Council would like to know whether this proposal was put out to bid; if not, why not; where the money came from to pay for it; and if it was done as an emergency purchase, what was the emergency.

THE FOLLOWING APPLICATIONS WERE APPROVED FOR TWO WEEKS ON APRIL 22, 1992, AND ARE AGAIN TAKEN UP AND ARE GRANTED ON A UNANIMOUS VOICE VOTE:

AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE (RENEWAL)

Garcia’s Auto Sales Inc 192 Pine Street LIC#40044 & 30049

THE FOLLOWING PETITIONS WERE LAID ON THE TABLE AT THE MEETING HELD APRIL 22, 1992, AND ARE AGAIN TAKEN UP AND ARE GRANTED ON A UNANIMOUS VOICE VOTE:

SECOND HAND SHOP LICENSE (NEW)

Edward J. and Pearl Martin d/b/a Back Street, 71 Lupine Street LIC#40106

AUTO REPAIR SHOP AND SECOND HAND SHOP LICENSE (RENEWAL)

Iberia S Auto Body & Auto Sales d/b/a Iberia’s Auto Sales & Auto Body 43 Church Street LIC#30054 & #40048

THE FOLLOWING LICENSES WERE STRICKEN FROM THE DOCKET AT THE MEETING HELD APRIL 8, 1992, AND ARE AGAIN TAKEN UP AND ARE DENIED ON A UNANIMOUS VOICE VOTE:

ENTERTAINMENT

Chosen Children Foundation for license to conduct Baseball Card Benefit Show in Leroy Theater/or Depot Flea Market 66 Broad Street/360 Broad Street DATE PENDING - LATE IN JUNE LIC#770

Chosen Children Foundation for license to conduct Concert "The Guess Who" in Leroy Theater 66 Broad Street Fri Aug 7 1992 7:00 PM - 9:00 PM; 9:30 PM - 11:00 PM AND POSSIBILITY OF THIRD CONCERT LIC#771

THE FOLLOWING LICENSE WAS STRICKEN FROM THE DOCKET AT THE MEETING HELD APRIL 9, 1992, AND IS AGAIN TAKEN UP AND IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE (FIRST CLASS)

El Nido Ltd. (transfer from Arcadia Enterprises Inc d/b/a Galateo) 210 Dexter Street LIC#252

*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:

AUTO REPAIR SHOP (RENEWAL)

Bloor Automotive Inc. d/b/a Speedy Muffler King 1427 Newport Avenue LIC#30015

Paul J Roque d/b/a Paul’s Auto Repair 500 Mineral Spring Avenue LIC#30100

David Savastono d/b/a David Savastano’s Texaco 895 Mineral Spring Avenue LIC#30102

MOBILE FOOD VENDOR (NEW)

Ginevra Africo d/b/a Frostee Delight Res: 211 Providence Street, Rehoboth, MA. LIC#112

MOBILE FOOD VENDOR (RENEWAL)

Armando Ararat Res: 76 Park Street LIC #94–1

SUNDAY SALES (FIRST CLASS) RENEWAL

Maxi Drug Inc d/b/a Douglas Drug 727 East Avenue LIC#20182

SUNDAY SALES (FIFTH CLASS) RENEWAL

Pauline Namerow 48 Colonial Road Providence RI LIC#20153

SUNDAY SALES (FIFTH CLASS) NEW

Ginevra Africo d/b/a Frostee Delight 211 Providence Street Rehoboth MA LIC#20028

*CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Dean Bryan - $461.79

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 Morel Charles, by Attorney Eric E. Pizzuti in no amount specified.

Claim of Leah Brunson, by Attorney William F. Calise in the amount of $100,000.00

Claim of Eric Cotnoir, by Attorney Mary E. Theall in no amount specified.

Claim of Ann Erickson, by Attorney Ernest J. Pratt, in the amount of $25,000.00

Claim of Overhead Door Company of Providence, Inc., by Attorney John Quattrocchi, III, in the amount of 15,000.00 + 71.55

Claim of Kim Sherman, in the amount of $2,500.00.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Raymond W. Houle, Jr., Director of Administration, asking him for the break-down on all outside legal fees to the law firm of Olenn and Penza, especially the hourly rate charged by the firm.

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Christopher Butler, President of Pawtucket Jaycees, to thank him for the "Presidential Award of Honor" which was received by the City Council.

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 James Kulczycki, Director of Parks, requesting that he attend a pre-council session on Wednesday, May 20, 1992, to discuss the maintenance plan for the Open Space areas of Slater Park.

Councilor Rabbitt is requesting that he attend every meeting of the Council until such time as a maintenance plan for the entire park is completed.

PRESIDENT BARRY SUBMITS TO THE CITY COUNCIL FOR THE RECORD, THE FOLLOWING COMMITTEE APPOINTMENTS:

ENERGY COMMITTEE

Chairman Mary E. Bray

David P. Moran

Brenda J. Clement

Upon Motion made by Councilor Clement, seconded by Councilor Vieira, the meeting is adjourned at eleven forty-five o’clock p.m.

May 6, 1992 - Regular City Council Session
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