City Council, October 21, 1992.
A regular session of the City Council is held Wednesday, October 21, 1992, at eight thirty-eight o’clock p.m. All the members are present except Councilor Calista and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
ORDINANCE IN AMENDMENT OF CHAPTER 1097 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 31 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1966, ENTITLED "ZONING" (Designation of Historic Districts - Park Place and McCoy Stadium)
THE COUNCIL RECONVENES AT NINE THIRTY O’CLOCK P.M.
The reading of the records of October 7, and 13, 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:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN:
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 John T. Gannon, City Solicitor, regarding the letter to Councilor Moran on outside legal services.
Councilor Moran would like a breakdown on each of the law firms hired to show the hourly rate that each charged and the total cost of these services. Also, the Council would like to know the reason that these firms were hired.
The Council is also concerned that none of these contracts, which were awarded on an emergency basis, have shown up on any of the emergency purchase reports from Joe Roque, Purchasing Agent.
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 letter from Jack Gannon concerning outside legal services. In this letter dated September 2, 1992, Mr. Gannon states that contracts for outside legal services were awarded on an emergency basis. However, none of the payments for these contracts have shown up in any of Mr. Roque’s reports to the Council regarding emergency purchases.
The Council would like to know why not and would like to see copies of any records supporting the awarding of these contracts on an emergency basis.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Moran, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Richard J. Goldstein, City Clerk, to ask if the awarding of the contracts for outside legal services came before the City Council for approval, as required by the City Charter.
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 Edward R. McCormick, Jr., Chairman of the Pawtucket Water Supply Board, requesting that he and all of the interested Members of the Water Supply Board, attend a pre-council meeting of the City Council on Wednesday, November 11, 1992, to open a dialogue between the Water Supply Board and the City Council.
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 Kevin J. Shea, Executive Director, Pawtucket Redevelopment Agency, requesting a listing of all tenants who are committed to the Peerless Building.
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 Raymond W. Houle, Jr., Director of Administration, regarding the hiring of Sonitrol Inc. to put in an alarm system at the Incinerator.
Councilor Moran would like to know what, if anything, is the installation charge for putting in the system.
Petition for SECOND HAND SHOP LICENSE of Frederick J. Eberte, III, d/b/a Discount Appliance Center, 458 Broadway, Tax Assessor’s Plat 7, Lot 167, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: Used Appliances and Furniture, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Attorney Maurice Caron, 226 Cottage Street, Pawtucket, RI.
Mr. Caron states that Mr. Eberte is originally from Connecticut.
Mr. Caron states that the business will be operating as a retail sales store selling refrigerators and stoves. There will be minor repairs done on the premises. The entrance is on Lupine Street.
Mr. Eberte has experience in marketing and sales.
Mr. Eberte states that he will hire a couple of youths to clean the appliances.
The hours will be from 10:00 a.m. to 6:00 p.m. and closed on Sundays.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the petition for Second Hand Shop License, is GRANTED on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE of Frederick J. Eberte, III, d/b/a Discount Appliance Center, 458 Broadway, Tax Assessor’s Plat 7, Lot 167, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: Used Appliances and Furniture. LIC#40111
Lorraine D. Knight, 71 Harris Street, Pawtucket, RI. (To fill unexpired term of J. William Busald. Term expires on the first Monday in January, 1993) is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation, is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
CITY PENSION BOARD
Lorraine D. Knight, 71 Harris Street, Pawtucket, RI. (To fill unexpired term of J. William Busald. Term expires on the first Monday in January, 1993)
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 send a communication to Karen Kolek Lockaby, Esq., c/o McKinnon and Harwood, to inform her that the City Council believes that the matter regarding property located at 4 India Street belongs before the Zoning Board.
The following curbing assessments are confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Curbing assessments in the amount of $8,890.00
The following ordinance is read for the first time and DEFEATED on a roll call vote, as follows:
Ayes - Councilors Bray and Clement.
Noes - President Barry, Councilors Doyle, Kinder, Moran, Rabbitt and Vieira.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, 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." (Assistant to City Engineer)
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ORDINANCE ESTABLISHING A CLASSIFIED POSITION FOR THE SUPERVISOR OF ENVIRONMENTAL ACTION.
ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE IN AMENDMENT OF CHAPTER 2228 "CITY OF PAWTUCKET TREE ORDINANCE."
Add to Section 3 A. "Appointment and Qualifications of the City Forester," after the words "The City Forester shall be appointed by the Pawtucket Parks Commission" add the following:
"and confirmed by the City Council."
Upon Motion made by Councilor Clement, seconded by Councilor Kinder, the AMENDMENT to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2228 CITY OF PAWTUCKET TREE ORDINANCE" is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Add to Section 3 A. "Appointment and Qualifications of the City Forester," after the words "The City Forester shall be appointed by the Pawtucket Parks Commission" add the following:
"and confirmed by the City Council."
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ORDINANCE IN AMENDMENT OF CHAPTER 2228 "CITY OF PAWTUCKET TREE ORDINANCE." AS AMENDED
ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE ENTITLED "PENALTIES FOR VIOLATIONS OF ILLEGAL PARKING WITHIN EIGHT FEET OF FIRE HYDRANTS."
Add the following Section:
SECTION 4. PARKING VIOLATION FUND
All purchases must meet established purchasing procedures of the City. A separate accounting shall be administered by the Committee named under Chapter 2024 Entitled "An Ordinance Creating New Penalties for Traffic Violations, AS AMENDED."
Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the AMENDMENT to the Ordinance Entitled "ORDINANCE ENTITLED ‘PENALTIES FOR VIOLATIONS OF ILLEGAL PARKING WITHIN EIGHT FEET OF FIRE HYDRANTS.’" is passed on a roll call vote, as follows:
Ayes - Councilors Bray, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - President Barry
Add the following Section:
SECTION 4. PARKING VIOLATION FUND
All purchases must meet established purchasing procedures of the City. A separate accounting shall be administered by the Committee named under Chapter 2024 Entitled "An Ordinance Creating New Penalties for Traffic Violations, AS AMENDED."
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ORDINANCE ENTITLED "PENALTIES FOR VIOLATIONS OF ILLEGAL PARKING WITHIN EIGHT FEET OF FIRE HYDRANTS." AS AMENDED
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 Raymond W. Houle, Jr., Director of Administration, requesting a response on the use of Coyle and Associates for the assessment of Water Supply Board property.
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
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)
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)
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; Assessors II; Public Works Office Manager; Accountant II of the Finance Department)
THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETING HELD OCTOBER 7, 1992, AND IS AGAIN TAKEN UP AND IS WITHDRAWN WITHOUT PREJUDICE:
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:
VICTUALLING HOUSE (FIRST CLASS)
Aline Oddi d/b/a Heritage Tap (transfer from Alfred Oddi d/b/a Heritage Tap) 266 Grand Avenue and 147 Suffolk Avenue, LIC#267
Toti’s Pizza Palace Inc. (transfer from Edward Bakleh d/b/a
Toti’s Pizza Palace, 622 Central Avenue, LIC#271
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
MOBILE FOOD VENDOR (NEW)
George Eastwood, Res: 204 Middle Street, Pawtucket, RI LIC#139
SUNDAY SALES (SECOND CLASS) NEW
Yevgeniy Mazo d/b/a Russian Market, 727 East Avenue, Pawtucket, RI LIC#20166
VICTUALLING HOUSE (FIRST CLASS) NEW
Yevgeniy Mazo d/b/a Russian Market, 727 East Avenue, Pawtucket, RI LIC#00270
THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS)
Pawtucket Babe Ruth League Inc. (transfer from Ken Jameson/Darlington American Little League, Dunnell Lane East (Snack Bar), LIC#268
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 Kinder, the following communication is Read and Ordered Filed.
Communication from Norman Brule, President of Darlington American Little League, to Pawtucket City Council. (Extension of time)
*THE FOLLOWING BOND IS APPROVED, SURETIES NAMED IS ACCEPTED:
John H. LeClair, surety - Hartford Fire Insurance Company.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Paul Arbour d/b/a Grandpa’s General Store - $250.00
Karen Bertrand - $197.00
Maria A. Carney - $402.70
Robert A. Rock, Sr. - $277.78/314.41
Irving A. Strynar - $50,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT THE WATER SUPPLY BOARD:
Claim of Nathan C. Lanoue, by Attorney Stephen J. Reid, Jr., in no amount specified.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT THE DEPARTMENT OF TRANSPORTATION:
Claim of John Larose d/b/a Fred’s Auto Sales, in the amount of $39.95
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon Motion made by Councilor Moran, seconded by Councilors Bray and Vieira, THE PAWTUCKET CITY COUNCIL WILL ENGAGE THE SERVICES OF THE LAW FIRM OF BIGOS, BURNS AND PARTINGTON, TO DETERMINE THE APPLICABILITY OF THE ETHICS COMMISSION RULING CITED BY THE ADMINISTRATION ON THE RETIREMENT AGREEMENT OF CHIEF TOMILSON, THE F.O.P. CONTRACT AND THE CHARTER on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Richard E. DeLyon, Chief of Police, regarding complaints from constituents that they are not allowed to park on Exchange Street between 2:00 - 2:30 p.m., when Tolman High School is letting out.
These people are there to pick up their children who are exiting the school.
The Council would like to know why people are not allowed to park there at this time, and if he has any alternatives or suggestions for these parents who wish to pick up their children.
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 Jack Rahill, Director of Finance, regarding the Turnaround Report dated October 8, 1992.
The Council would like to know what the $17,087.00, which was paid to Natick Auto Sales, Voucher #V04886, is for. This transaction can be found on page 26 of the Report.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following communication:
Upon Motion made by Councilor Vieira, seconded by Councilor Bray, the following communication is Read and Ordered Filed.
Communication from Sherri-Lynne Belanger, to Pawtucket City Council. (Recycling)
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Bray, 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 letter from Sherri-Lynne Belanger regarding recycling in the City of Pawtucket.
The Council would like him to send a response to this letter to her and her classmates at Woodlawn Catholic Regional School in Pawtucket.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at ten forty two o’clock p.m.