November 25, 1992 - Regular City Council Session

City Council, November 25, 1992.

A regular session of the City Council is held Wednesday, November 25, 1992, at six one o’clock p.m. All the members are present except Councilor Rabbitt and President Barry presides.

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

With majority consent of the Council, Councilor Clement introduces the following resolution:

588      RESOLUTION THANKING THE VOLUNTEERS FOR THEIR DEDICATION TO THE WATERSHED WATCH PROGRAM.

Upon Motion made by Councilor Clement, seconded by Councilor Calista, the following resolution is read and passed on a roll call vote, as follows:

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

Noes - 0

RESOLUTION THANKING THE VOLUNTEERS FOR THEIR DEDICATION TO THE WATERSHED WATCH PROGRAM.

THE COUNCIL RECESSES AT 6:05 P.M. TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.

COUNCILOR RABBITT ARRIVES’ AT 6:12 P.M.

THE COUNCILOR RECONVENES AT 7:10 P.M.

The reading of the records of November 11, 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:

590      **B.     Communication from Mayor Robert E. Metivier, to Councilor David P. Moran. (Position of Director of Administration)

578      C.        Communication from Roland C. Moussally, Executive Director of the Housing Authority, to Council President John J. Barry, III. (Ownership of Leonard Jenard Drive)

3          **D.    Communication from Gerald B. Resnick, Chairperson of the Pawtucket School Committee, to Richard J. Goldstein, City Clerk. (Appointments to the School Management Study Committee)

625      **E.     Communication from Raymond W. Houle, Jr., Administrative Assistant, to Members of the Pawtucket City Council. (Appraisal of the Water Supply Board Property)

625      F.         Communication from Raymond W. Houle, Jr., Administrative Assistant, to Members of the Pawtucket City Council. (Chemical spill which occurred recently on York Avenue)

625      G.        Communication from Raymond W. Houle, Jr., Administrative Assistant, to Members of the Pawtucket City Council. (Wheel chair access to sidewalks on Beverage Hill Avenue)

590      H.        Communication from Mayor Robert E. Metivier, to Members of the Pawtucket City Council. (Status of Mr. Uyttebroek as Financial Advisor)

126      J.          Communication from James Kulczycki, Jr., Director of Parks, to Richard J. Goldstein, City Clerk. (Emergency repairs to field lighting)

613      K.        Communication from John T. Gannon, City Solicitor, to Council President John J. Barry, III. (Position of Worker’s Compensation/Legal Administrator)

028      L.         Communication from Richard J. Goldstein, City Clerk, to all Members of the City Council. (Rehabilitation Loan Program)

611      **O.    Communication from Jack Rahill, Finance Director, to Councilor William D. Vieira. (Animal Control Fund et al)

613      P.         Communication from John T. Gannon, City Solicitor, to Councilor David Moran. (Emergency Purchases/Disciplinary Counsel Opinion)

613      **Q.    Communication from John T. Gannon, City Solicitor, to Councilor David P. Moran. (Attorney for the Water Supply Board)

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

624      A.        Communication from Joseph Roque, Purchasing Agent, to Richard J. Goldstein, City Clerk. (Request concerning "Emergency" Authorization to Jim Kulczycki for Dunnell Park and Slater Park Lighting) 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 Vieira, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Mayor Robert E. Metivier, requesting that he investigate the purchase of lights at Dunnell Park and Slater Park on an emergency basis, considering that this problem has existed for approximately one year. The Council would like him to review this matter and take whatever appropriate action is required, and to report back to the Council as soon as possible.

126      I.          Communication from James Kulczycki, Jr., Director of Parks, to Richard J. Goldstein, City Clerk. (Handicapped Faucet at McCoy) is Read and Ordered Filed.

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 Mayor Robert E. Metivier, requesting that he look into the matter of the replacement of a handicapped faucet handle at McCoy Stadium, on an emergency basis. Councilor Vieira believes the cost of $67.98 for a faucet handle is excessive and would like the Mayor’s input on this matter. Also, he would like to know why this handle has not yet been installed if it was such an emergency.

028      M.        Communication from Lincoln C. Almond, United States Attorney, to Richard J. Goldstein, City Clerk. (Federal Forfeiture Funds) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

With majority consent of the Council, the following Motion made by Councilor Vieira, 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 use of drug seizure money to purchase stereo equipment for the new dog van by the police department.

061      N.        Communication from Jack Rahill, Finance Director, to Members of the Pawtucket City Council. (Fiscal period July 1, 1992 through October 31, 1992) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

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

The Clerk is instructed to send a communication to Jack Rahill, Director of Finance, regarding the September Report of Revenues and Expenditures, regarding the apparent overspending of several line items through the first quarter.

These line items are as follows:

1100 - Police and Fire Salaries

1330 - Fees for Outside Legal Services

1410 - Police and Fire Overtime

4430 - Early Retirement

4810 - Claims and Judgments

The Council would like his comments on these line items, particularly as to his feelings of whether or not these expenditures will continue at this rate or slow down, so that they will not be over-spent by the end of the year. If they are to be over-spent, what line items does he anticipate taking the money from to off-set these over-expenditures.

590      R.         Communication from Mayor Robert E. Mativier, to Council President John J. Barry, III. (Water Emergency) 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 Vieira, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Edward R. McCormick, Jr., Chairman of the Pawtucket Water Supply Board, to inform him of the Council’s intent to hold a Special Meeting in the beginning of the new year to meet with the Water Supply Board to open a dialogue and to discuss the concerns that have been brought out relating to the water emergency and other matters.

Communication from Jack Rahill, Finance Director, to Council President John J. Barry, III. (Lease Purchase) is Read and Ordered Filed.

611      Jack Rahill, Finance Director, discusses the request for lease purchase of equipment and introduces the following Communication:

611      Communication from Jack Rahill, Finance Director, submitting four lease purchasing bids and recommending the lease purchase agreement be given to Fleet National Bank, the lowest bidder at $673,750.00.

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

Communication from Jack Rahill, Finance Director, submitting four lease purchasing bids and recommending the lease purchase agreement be given to the Fleet National Bank, the lowest bidder at $673,750.00.

THE CHAIR RECOGNIZES COUNCILOR CALSITA.

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

"RESOLUTION AWARDING LEASE PURCHASE BID TO FLEET NATIONAL BANK FOR MISCELLANEOUS EQUIPMENT IN THE AMOUNT OF $673,750.00".

Upon Motion made by Councilor Calista, seconded by Councilors Clement and Kinder the following resolution is read and passed on a roll call vote, as follows:

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

Noes - President Barry and Councilor Vieira.

"RESOLUTION AWARDING LEASE PURCHASE BID TO FLEET NATIONAL BANK FOR MISCELLANEOUS EQUIPMENT IN THE AMOUNT OF $673,750.00".

THE CHAIR RECOGNIZES COUNCILOR RABBITT.

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

The Clerk is instructed to send a communication to Ferdinand C. Ihenacho, Director of Public Works, regarding the proposed lease/purchase of 17 public works vehicles by the City of Pawtucket.

The Council approved the use of lease/purchase to purchase these vehicles; however, they added a stipulation that all purchases must be approved by the City Council.

At this time the Council is requesting information regarding those 17 vehicles, including where they are to be used, what they are replacing, and what is being done with the old vehicles that are being replaced.

COUNCILOR VIEIRA LEAVES AT 8:13 PM.

Petition for SECOND HAND SHOP LICENSE of Heidi Dubuque d/b/a The Broadway Exchange, 656 Broadway, Tax Assessor’s Plat 6, Lot 145, to keep a shop for purpose of purchasing and selling second hand articles, specifically, used clothes and costume jewelry, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Heidi Dubuque, 8 North Spruce Street, East Providence, RI.

Ms. Dubueque states that the address should be 654 Broadway. She will be open from Tuesday through Saturday, form 11:00 am to 4:00 pm. She will be running the business all by herself with possibly some help from her daughter.

Ms. Dubueque states that she has previous experience in business.

The are no other speakers.

The Hearing is Closed.

Upon Motion made by Councilor Moran, seconded by Councilors Clement and Bray, the following petition is GRANTED with the change of address to 654 Broadway, on a unanimous voice vote:

Petition for SECOND HAND SHOP LICENSE of Heidi Dubuque d/b/a The Broadway Exchange, 654 Broadway, Tax Assessor’s Plat 6, Lot 145, to keep a shop for purpose of purchasing and selling second hand articles, specifically, used clothes and costume jewelry. LIC#40112

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

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

Noes - 0

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF ANTONIO C. AGUDERO.

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

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

Noes - 0

588      RESOLUTION RECOGNIZING AND APPLAUDING JOSE A. MANCEBO FOR ACHIEVING THE RANK OF EAGLE SCOUT AND WISHING HIM CONTINUED SUCCESS.

Submitted by: John Q. Calista, Jr. Councilor-at-Large. Councilor Mary E. Bray, Fifth District.

COUNCILOR VIEIRA RETURNS AT 8:20 PM.

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 Rabbitt and Vieira.

Noes - 0

330      CH 2286 ORDINANCE ESTABLISHING A CLASSIFIED POSITION FOR THE SUPERVISOR OF ENVIRONMENTAL ACTION. AS AMENDED

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 Rabbitt and Vieira.

Noes - 0

330      CH 2287 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2276.

COUNCILOR MORAN LEAVES AT 8:22 PM.

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 Rabbitt and Vieira.

Noes - 0

330      CH 2288 ORDINANCE FIXING THE SALARIES OF HEADS OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2273.

The following ordinance is read for the second time and passe on a roll call vote, as follows:

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

Noes - 0

330      CH 2289 AN ORDINANCE IN AMENDMENT OF THE HOUSING STANDARDS CODE ORDINANCE, KNOWN AS CHAPTER 901 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, AS AMENDED. (Section 17–38 fees)

COUNCILOR MORAN RETURNS AT 8:24 PM.

THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AND IS TAKEN UP:

ORDINANCE IN AMENDMENT OF CHAPTER 2276 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Health and Benefits Coordinator; Position of Workers’ Compensation/Legal Administrator)

Jack Gannon, City Solicitor and Martin Joyce, Personnel Director, discuss this ordinance.

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 and Rabbitt and Vieira.

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 2276 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Health and Benefits Coordinator; Position of Workers’ Compensation/Legal Administrator)

THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AND IS TAKEN UP:

ORDINANCE IN AMENDMENT OF CHAPTER 2276 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Revenue Enhancement Coordinator; Assessor II; Public Works Office Manager; Accountant II of the Finance Department)

Jack Rahill, Finance Director, discusses to ordinance.

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 and Rabbitt and Vieira.

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 2276 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Revenue Enhancement Coordinator; Assessor II; Public Works Office Manager; Accountant II of the Finance Department)

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

ORDINANCE IN AMENDMENT OF CHAPTER 2121 OF THE ORDINANCES OF THE CITY OF PAWTUCKET DEEDING THE PUBLIC ROADWAY REFERRED TO AS LEONARD JENARD DRIVE TO THE PAWTUCKET HOUSING AUTHORITY FOR THE PURPOSE OF AN ON-SITE SECURITY STATION FOR A PERIOD OF THREE YEARS.

ORDINANCE AMENDING CHAPTER ________ ENTITLED "AN ORDINANCE IN AMENDMENT OF CHAPTER 2276 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED ‘AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET’"

ORDINANCE AMENDING CHAPTER ________ ENTITLED "AN ORDINANCE FIXING THE SALARIES OF HEADS OF DEPARTMENT AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2273"

THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 11, 1992, AND ARE AGAIN TAKEN UP AND ARE AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Snicker’s Inc. d/b/a LaVault’s Restaurant, 55 Memorial Dr LIC#181

Voutena, Inc. d/b/a Bootlegger’s Saloon, 852–856 Newport Avenue LIC#203

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

PAWNBROKER (RENEWAL)

H & B Associates d/b/a Pawtucket Pawn Brokers, 69 Exchange Street, LIC#865

VICTUALLING HOUSE (FIRST CLASS) RENEWALS

Pawtucket Babe Ruth League Inc., Dunnell Lane East Snack Bar, LIC#268

Royal Antedeluvian Order of Buffaloes, 532 Lonsdale Avenue, LIC171

R.S. Campy’s Inc. d/b/a Pizza Palace, 863 Newport Avenue, LIC#165

St. Mary’s Antiochian Orthodox Church, One St. Mary’s Way, LIC#175 COUNCILOR CLEMENT VOTES "NO"

T S Co Inc d/b/a Teddy’s Pizza Restaurant, 287 Pawtucket Avenue, LIC#191

VICTUALLING HOUSE (SECOND CLASS) RENEWALS

Calico Club Inc. d/b/a Calico Club Delicatessen & Catering, 574 Smithfield Avenue, LIC#208

*THE FOLLOWING BOND IS APPROVED, SURETIES NAMED ARE ACCEPTED:

H & B Associates d/b/a Pawtucket Pawn Brokers, surety - Western Surety Company.

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

Jack Faust - $50,000.00

Fernando Lopes - $89.00

Louise Pollock - $77.80

Stephanie Tucker - $50,000.00

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 Raymond W. Houle, Jr., Administrative Assistant, to ask if all provisions of Section 4–1009 of the City Charter were followed regarding the Tri Data Study of the Police and Fire Departments.

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 John T. Gannon, City Solicitor, regarding section 45–25–18.2 of the Rhode Island General Laws, regarding the Tenants Affairs Board.

The Council would like him to review this Law and make recommendations to Mr. Roland Mousally, Executive Director of the Pawtucket Housing Authority and to Mayor Metivier regarding compliance with this law. The Council would then like his comments and those of the Mayor, and Mr. Mousally on this matter.

THE CHAIR RECOGNIZES COUNCILLOR 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 Daniel P. Fanning, Executive Director, Rhode Island Department of Transportation, regarding the work being done at the intersection of Exchange Street and Goff Avenue in Pawtucket.

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 Wiley Archer, Acting Chief Engineer, Pawtucket Water Supply Board, regarding Branch Street.

Councilor Moran would like a response regarding the closing of this Street. He noted that Mr. Archer was planning to do legal research on whether this street could be closed. The Council would like to know what he has found out.

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

November 25, 1992 - Regular City Council Session
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