City Council, October 7, 1992.
A regular session of the City Council is held Wednesday, October 7, 1992, at eight o’clock p.m. All the members are present and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
THE COUNCIL RECONVENES AT NINE THIRTY-SEVEN O’CLOCK P.M.
COMMITTEE ON ORDINANCES RETURNS THE FOLLOWING ORDINANCE WITH THE RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
AN ORDINANCE ENTITLED "PROHIBITION ON BILLBOARDS AND SIGNS CONTAINING COMMERCIAL ADVERTISEMENT FOR THE SALE OF TOBACCO PRODUCTS AND ON THE SALE OF TOBACCO PRODUCTS ON PROPERTY OWNED BY THE CITY OF PAWTUCKET."
AMENDMENT:
Add: SECTION 3. Exemptions. Unless otherwise provided, no provision of this ordinance shall be construed so as to apply to any party who is currently operating under an existing lease or contract with the City of Pawtucket if, as a result of such lease or contract, the City has relinquished its right to regulate advertising on such properties. This exemption shall apply for the entire term of the existing lease or contract and be subject to negotiation upon its expiration.
The following Ordinance is read for the first time and DEFEATED on a roll call vote, as follows:
Ayes - Councilors Clement and Kinder.
Noes - President Barry, Councilors Bray, Calsita, Doyle, Moran, Rabbitt and Vieira.
AN ORDINANCE ENTITLED "PROHIBITION ON BILLBOARDS AND SIGNS CONTAINING COMMERCIAL ADVERTISEMENT FOR THE SALE OF TOBACCO PRODUCTS AND ON THE SALE OF TOBACCO PRODUCTS ON PROPERTY OWNED BY THE CITY OF PAWTUCKET."
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the amendment to the Ordinance Entitled "AN ORDINANCE ENTITLED "PROHIBITION ON BILLBOARDS AND SIGNS CONTAINING COMMERCIAL ADVERTISEMENT FOR THE SALE OF TOBACCO PRODUCTS AND ON THE SALE OF TOBACCO PRODUCTS ON PROPERTY OWNED BY THE CITY OF PAWTUCKET." is WITHDRAWN on a unanimous voice vote:
AMENDMENT:
Add: SECTION 3. Exemptions. Unless otherwise provided, no provision of this ordinance shall be construed so as to apply to any party who is currently operating under an existing lease or contract with the City of Pawtucket if, as a result of such lease or contract, the City has relinquished its right to regulate advertising on such properties. This exemption shall apply for the entire term of the existing lease or contract and be subject to negotiation upon its expiration.
The reading of the records of September 18, 23, 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:
N. Communication from Richard E. DeLyon, Commander of Police to Chief Tomlinson, Director Houle, City councilors. (Property Control Officers)
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
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 William Mulholland, Director of Recreation, to thank him for the response to the letter regarding the acquisition of new animals, and for his very informative package regarding the Vietnamese potbellied pig.
The Council, however, would like reiterate their strong suggestion that all acquisitions be held up until such time as a final decision is made regarding the zoo.
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 Jack Rahill, Director of Finance, regarding the August Report entitled "City of Pawtucket - Detailed Listing of Obligations vs. Budget".
On page 50 of the Report, line item 4810 entitled "Claims/Judgments" under "Fixed Charges Insurance," shows that total obligations of $282,669.05 have already been realized under a line item with a total budget of $300,000. Councilor Moran noted that it is inevitable that this line item will be overspent and the Councilor wants to know where the money will come from to pay for the over-expenditure.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following Communication:
Upon Motion made by Councilor Moran, seconded by Councilor Rabbitt, the following Communication is Read and Ordered Filed.
Communication from Raymond W. Houle, Jr., Director of Administration, to Councilor David P. Moran, and Pawtucket City Council. (Municipal Incinerator)
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, concerning the Municipal Incinerator.
Councilor Moran noted that the City is engaging the services of Sonitrol, Inc. to provide alarm services at the facility, and he would like to know the cost of these service and the estimated timetable on the decision regarding what to do with the facility.
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 Honorable Bruce G. Sundlun, Governor of the State of Rhode Island, to contact him and Harry Baird to inform them of the Council’s decision not to pay the increase in the tipping fees until such time as the City has been placed on the State’s mandatory recycling program.
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, regarding the use of Coyle and Associates for the assessment of Water Supply Board property.
Councilor Moran has instructed the Clerk to refer to Section 4–1009 of the City Charter, entitled "Contracting for Specialized Professional Services", specifically subsection 1 and subsection 4.
Under subsection 1, all requests must be advertised in a newspaper or newspapers with substantial circulation in the City. Under subsection 4, all proposals accepted must be submitted to the City Council for approval before any contract is entered into.
Councilor Moran wishes to know if either or both of these provisions were adhered to as required by the Charter.
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 Edward R. McCormick, Jr., Chairman of the Pawtucket Water Supply Board, regarding the a previous letter, on the water crisis. Also, the Council would like to know why water is still being supplied to the schools, now that the crises is over.
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
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
Submitted by: Councilor Kevin J. Rabbitt Council District Three
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
Submitted by: Councilor Kevin J. Rabbitt, Council District Three
COUNCILOR RABBITT LEAVES AT 10:17 P.M.
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
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
COUNCILOR RABBITT RETURNS AT 10:20 P.M.
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
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
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
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, to ask that the September Report on "Emergency Purchases" be prepared in time for the meeting of October 21, 1992.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Bray, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Kevin J. Shea, Executive Director, Pawtucket Redevelopment Agency, to ask him for the status report on the Peerless Building. Specifically, the Council would like to know the status on the marketing aspects of the Peerless and on the renovations to the building, including the cost for these renovations.
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
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement introduces the following entitled resolution:
RESOLUTION CONGRATULATING THE STAFF AND BOARD OF TRUSTEES OF THE LIBRARY ON THE OCCASION OF THE LIBRARY’S 90TH ANNIVERSARY.
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, Rabbitt and Vieira.
Noes - 0
RESOLUTION CONGRATULATING THE STAFF AND BOARD OF TRUSTEES OF THE LIBRARY ON THE OCCASION OF THE LIBRARY’S 90TH ANNIVERSARY.
THE FOLLOWING ORDINANCE TO BE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE TO PROTECT CHILDREN FROM A KNOWN DANGEROUS PRODUCT: TOBACCO.
Submitted by Councilor Brenda J. Clement, Councilor-At-Large
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following entitled Ordinance:
AN ORDINANCE ENTITLED "HOUSING COURT"
Upon Motion made by Councilor Vieira, seconded by Councilor Clement, the following Ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE ENTITLED "HOUSING COURT"
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Hague & Sahady, Certified Public Accountants, to request that Mr. Hague or a member of his firm attend a pre-council session on October 21, 1992, to discuss the procedures on preparing the Audit.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jack Rahill, Director of Finance, requesting that he attend a pre-council session on Wednesday, October 21, 1992, to discuss the procedures on preparing the Audit.
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 Honorable Mayor Robert E. Metivier, requesting an update on the status and timetable for the RIPEC Study.
THE FOLLOWING PETITION IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
BINGO
St. Basil the Great Church to hold bingo games on Tuesday evenings (change from Thursday evenings) at 92 East Avenue. PENDING APPROVAL FROM STATE POLICE. LIC #7
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
St. Cecilia’s Friends of Park #28, for license to conduct a fund raiser dance in Church Hall, Central Avenue, on Friday, November 6, 1992, from 8:00 pm - 1:00 am. LIC #805M
INTELLIGENCE OFFICE (RENEWAL)
Lifetime Medical Nursing Services, 235 Lonsdale Ave LIC #4
SUNDAY SALES (Second Class) NEW
Anything for a Buck Inc., 100 Broad St LIC #20153
Fanny Provost d/b/a The Great Power of God Religious Gift Shop (Botanica El Gran Poder De Dios) 285–287 Pawtucket Avenue LIC #20156
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Jose Santos - $139,185.84
Michael Venditouli - $10,000.00
Marie Wilson - $2,000.00
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 Sally A. Beland, by Attorney Joseph L. Tiberi, in the amount of $10,000.00
Claim of Barbara Brown, by Attorney Sean P. Feeney, in the amount of $50,000.00
Claim of Madelene D’Oliveira, by Attorney Paul E. Kelleher, in the amount of $19,455.00
Claim of Eunice Barton, Cathy Dorrance and Barbara Swann, in the amount of $601.37
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE RECOMMENDED TO BE DENIED:
Claim of Penelope Bartis, in the amount of $358.50
Claim of Henrique T. Moniz, in the amount of $70.00
Claim of Helene Sanderson, in the amount of $340.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS RECOMMENDED TO BE DENIED - CLAIMANT TO CONTACT THE WATER SUPPLY BOARD:
Claim of Robert A. Paquin, in the amount of $55.00
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by the entire City Council, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Christopher Butler, Chairman of the Octoberfest Committee, Pawtucket Jaycees, to congratulate him and all volunteers for an outstanding Octoberfest this year.
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 Thomas P. Bray, c/o Pro Audit Inc., requesting that he attend a Pre-Council session on Wednesday, November 11, 1992. The purpose of this meeting is to discuss the letter dated October 1, 1992, to Council President Barry, regarding his Company.
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 Paul R. Reaume, President, E1 Nido Ltd., to inform him that due to a procedural error, the Victualling House license granted to him on September 9, 1992, has been rescinded; and if he wishes to have a Victualling House license at that location, he must come in and reapply for a new license.
The problem arose due to the nature of his request for a Victualling House license. This request was part of a transfer of a BV license from Arcadia Enterprises. These two licenses must co-exist because one cannot have the B License without the V license; therefore, the correct procedure would have been for him to apply for a new Victualer House license as opposed to transferring the license from Arcadia Enterprises.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following Motion made by Councilor Bray, 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 Public Safety, to ask why the promotion lists for the police and fire departments were not thrown out at the same time as the lists for new applicants to these departments were thrown out.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Raymond W. Houle, Jr., Director of Administration, regarding the letter concerning the retirement of Police Chief John Tomlinson. In the letter he mentioned that vacancies will occur and savings will be realized by the retirement of Chief Tomlinson. The Council would like to know what vacancies will be created and an explanation of the savings to be realized.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by the entire City Council, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Honorable Mayor Robert E. Metivier, regarding the retirement of Police Chief John Tomlinson.
First, the Council requests a copy of the agreement reached with the Chief regarding the retirement.
Second, the Council has instructed the Clerk to inform the Mayor that it is their belief that if this agreement reflects a change in the Collective Bargaining Agreement with the F.O.P., then it must be approved by the Council under Section 2–310 of the City Charter entitled, "Collective Bargaining Agreements."
Third, the Council is greatly concerned about the precedent being set by granting a special retirement package to one member of the work force. Council Members have received phone calls from recent retirees and prospective retirees wanting to know if they will also be entitled to such packages.
Forth, the Council is concerned about offering a special cost of living adjustment to just the Chief’s pension when the Council has previously rejected requests to add a C.O.L.A. to the Municipal Employees’ pensions.
Fifth, the Council is concerned about the legal ramifications of offering a special package to one employee and not others.
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 Raymond W. Houle, Jr., Director of Public Safety, regarding several complaints that he has received from members of the Fire Department regarding the communication system in the fire department.
The Council would like him to inform them of any problems which currently exist with the communication system.
PRESIDENT BARRY SUBMITS TO THE CITY COUNCIL FOR THE RECORD, THE FOLLOWING COMMITTEE APPOINTMENTS:
AD HOC RETAIL FEASIBILITY STUDY COMMITTEE (Mill Outlets)
Robert Billington
Aaron Trachtenburgh
Gil Blais
William Vieira
One Member chosen by Northern Rhode Island Chamber Business Advisory Group.
Upon Motion made by Councilor Vieira, seconded by Councilor Clement, the meeting is adjourned at ten fifty-two o’clock p.m.