September 9, 1992 - Regular City Council Session

City Council, September 9, 1992.

A regular session of the City Council is held Wednesday, September 9, 1992, at eight three o’clock p.m. All the members are present and President Barry presides.

The reading of the records of August 17 and 19, 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:

028      A.        Communication from Scott P. Tierney, Special Assistant, Attorney General, to Richard J. Goldstein, City Clerk. (Open Meeting Act Complaint)

028      B.         Communication from Governor Bruce Sundlun, to Richard J. Goldstein, City Clerk. (Group Home)

617      C.        Communication from Daniel P. Fanning, Director of Rhode Island Department of Transportation, to Richard J. Goldstein, City Clerk. (Maintenance for I-95 in Pawtucket)

028      D.        Memo from Richard J. Goldstein, City Clerk, to Members of the City Council. (Rehabilitation Loan Program)

1          E.         Communication from Captain Patrick J. McConaghy, to Council President John J. Barry, III. (McKenna Roofing)

622      F.         Communication from Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to City Council President Barry and Members of the City Council. (Property located at 210 Dexter Street)

2          G.        Communication from Peter O’Neill, Lt., Fire Marshall, to Richard J. Goldstein, City Clerk. (Inspection of El Nido Ltd.)

611      I.          Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Sale of $14,000,000 City of Pawtucket, General Obligation State Aid Anticipation Notes)

3          J.          Communication from Dr. Richard P. Charlton, Superintendent of Schools, to Richard J. Goldstein, City Clerk. (Blackstone Webbing Building)

624      **L.     Communication from Joseph Roque, Purchasing Agent, to Honorable City Council. (Emergency Purchase Authorization/August 1 through August 27th)

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

330      H.        Memo from Councilor Kevin J. Rabbitt, to All Members of the City Council. (City property use application) 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 Clement, is passed on a unanimous voice vote:

The Clerk is instructed to add the following two questions to the City Property use application:

1.         Do you have liability insurance? yes/no

2.         Is the City named as beneficiary? yes/no

The Clerk is further instructed to prepare a resolution making this form part of the application process for use of City property needing City Council approval.

126      K.        Communication from James E. Kulczycki, Jr., Director of Parks, to the City Council. (Slater Park Maintenance Plan) is Read and Ordered Filed.

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 James Kulczycki, Director of Parks, to thank him for providing the Council with a Maintenance Plan for Slater Park, and to request more specifics regarding the Plan.

611      Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Travel request Cristine L. McBurney) is READ AND ORDERED FILED AND THE REQUEST FOR TRAVEL IS WITHDRAWN ON A UNANIMOUS VOICE VOTE.

589      Communication from Mayor Robert E. Metivier, submitting the following reappointment to the Pawtucket Redevelopment Agency FOR CONFIRMATION:

Benjamin C. Chester, 96 King Philip Road, Pawtucket, RI. (Term empires September 12, 1997) 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, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

PAWTUCKET REDEVELOPMENT AGENCY

Benjamin C. Chester, 96 King Philip Road, Pawtucket, RI. (Term expires September 12, 1997)

THE FOLLOWING PETITION IS LAID ON THE TABLE AN A UNANIMOUS VOICE VOTE:

Petition for SECOND HAND SHOP LICENSE of Luis Rodrigues Jr d/b/a Lou’s Collectables, 652 Broadway, Tax Assessor’s Plat 6, Lot 145, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used baseball cards, magazines, toys, etc., which was advertised for a hearing at this time. LIC#40110

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 Luis Rodrigues Jr., asking him to attend the next City Council meeting, which is scheduled for September 23, 1992.

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

330      RESOLUTION ENDORSING THE 1992 HISTORIC PRESERVATION BOND ISSUE.

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 September 9, 1992, as follows:

335     

BIDDER

AMOUNT BID

RATE

PREMIUM

NIC

AMOUNT WON

 Fleet Securities

$14,000,000

3.31%

50

3.3096%

$14,000,000

Citizens Trust

500,000

3.62

20

3.616

 

 

500,000

3.70

20

3.716

 

OPPENHEIMER/

STATE ST

14,000,000

3.50

23,250

3.323

SHAWMUT BANK

4,000,000

3.48

0

3.48

 

5,000,000

3.53

0

3.53

 

5,000,000

3.56

0

3.56

A.H. WILLIAMS

5,000,000

3.50

4,555

3.40

 

5,000,000

3.50

2,725

3.44

 

4,000,000

3.50

1,451

3.46

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 $14,000,000 City of Pawtucket General Obligation State Aid Anticipation Notes to the lowest bidder, as follows:

BIDDER

AMOUNT BID

RATE

PREMIUM

NIC

AMOUNT WON

Fleet Securities

$14,000,000

3.31%

50

3.3096%

$14,000,000

Upon Motion made by Councilor Calista, seconded by Councilor Kinder, 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 Awarding sale of $14,000,000 City of Pawtucket General Obligation State Aid Anticipation Notes," to the following:

BIDDER

AMOUNT BID

RATE

PREMIUM

NIC

AMOUNT WON

 Fleet Securities

$14,000,000

3.31%

50

3.3096%

$14,000,000

THE CHAIR RECOGNIZES COUNCILOR KINDER.

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

588      RESOLUTION APPLAUDING AND CONGRATULATING MARVIN AND RUTH GOLDSTEIN ON THE OCCASION OF THEIR FORTIETH ANNIVERSARY.

Upon Motion made by Councilor Kinder, 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 APPLAUDING AND CONGRATULATING MARVIN AND RUTH GOLDSTEIN ON THE OCCASION OF THEIR FORTIETH ANNIVERSARY.

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 Ferdinand C. Ihenacho, Director of Public Works, requesting that he attend a pre-council session on Wednesday September 23, 1992, regarding the leaf pickup and composting programs of the City.

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 William Mulholland, Director of Recreation, to provide the Council with the procedures used for hiring the seniors at Lynch Arena and the Carousel. The Council is concerned because they were not made aware of the intent to hire which was advertised recently in the local newspaper.

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 Ferdinand C. Ihenacho, Director of Public Works, to ask that he implement some type of recycling program for the water jugs which are being used by the people during this water crisis; e.g. having recycling bins placed at each fire station so that people can return the empty jugs when they come for new ones.

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 Michael D. Cassidy, Director of Planning and Redevelopment, regarding the procedures for moving forward with the Historic Core Project at Slater Park.

330      Communication from Richard J. Goldstein, City Clerk, to Councilor Brenda J. Clement. (Ordinance Relating to Alcohol Training Certification for Liquor License Holders) is Read and Ordered Filed.

THE FOLLOWING ORDINANCE IS TAKEN UP:

ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS AS AMENDED:

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 AS AMENDED" be AMENDED AS FOLLOWS:

Exclude current Class A Liquor License holders from the provisions of this ordinance.

The Motion made by Councilor Rabbitt, seconded by Councilor Vieira, to approve the amendment to the Ordinance entitled "ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS AS AMENDED" which would exdcude current Class A Liquor License holders from the provisions of the ordinance is DEFEATED on a roll call vote, as follows:

Ayes - Councilors Rabbitt and Vieira.

Noes - President Barry, Councilors Bray, Clement, Doyle, Kinder and Moran.

Abstains - Councilor Calista.

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 and Kinder.

Noes - Councilors Moran, Rabbitt and Vieira.

330      CH 2274 ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS AS AMENDED.

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 Robert Billington, Blackstone Valley Tourism Council, to thank him and congratulate him for the excellent job he and all the volunteers did to bring about the steamboat muster.

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 2275 COST RECOVERY ORDINANCE

THE FOLLOWING ORDINANCE IS DELETED ON A UNANIMOUS VOICE VOTE:

028      ORDINANCE IN AMENDMENT OF CHAPTER 2197 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Recreation Department)

The following Ordinance is read for 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 2276 ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2259.

The following Ordinance is read for 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 2274 ORDINANCE CREATING AN AFFIRMATIVE ACTION PROGRAM, AS AMENDED.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

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

589      Communication from Bill Munzert, to Councilor Kevin Rabbitt. (Resume for School Management Study Committee)

589      Communication from Alan A. Tavares, to Council President John J. Barry, III. (Resume for School Management Study Committee)

Upon Motion made by Councilor Calista, seconded by Councilor Rabbitt, the following communications are Read and Ordered Filed:

Communication from Bill Munzert, to Councilor Kevin Rabbitt. (Resume for School Management Study Committee)

Communication from Alan A. Tavares, to Council President John J. Barry, III. (Resume for School Management Study Committee)

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

Upon Motion made by Councilor Calista, seconded by Councilor Rabbitt, Alan A. Tavares is appointed to the School Management Study Committee and the resume of Bill Munzert is forwarded to the Mayor for further consideration on a roll call vote, as follows:

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

Noes - 0

THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 19, 1992, AND IS AGAIN TAKEN UP AND IS GRANTED UPON THE INSTALLATION OF HANDICAPPED BATHROOMS AND CORRECTION OF ALL FIRE CODE VIOLATIONS, 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 CHAIR RECOGNIZES COUNCILOR VIEIRA.

With majority consent of the Council, Councilor Vieira introduces the following Health Inspection.

028      Inspection by the Rhode Island Department of Health of El Nido Ltd.

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

Inspection by the Rhode Island Department of Health of El Nido Ltd.

THE FOLLOWING PETITION IS GRANTED ON A UNANIMOUS VOICE VOTE:

AUTO REPAIR SHOP LICENSE (NEW)

Prime Auto Brokers Inc., 888 Central Avenue, LIC#30129

THE FOLLOWING PETITION IS GRANTED WITH THE FOLLOWING STIPULATIONS ON A UNANIMOUS VOICE VOTE:

ENTERTAINMENT:

Petition of Irish Cultural Fair for license to conduct Irish Cultural Fair (live music outside) at 755 Broadway, on Sunday September 20, 1992, from 2:00 pm to 11:00 pm. LIC#863M

STIPULATIONS:

1.         Fence enclosure around the parking lot and an employee to check I.D.s and to use stamp on hands.

2.         Off duty officer at entrance.

3.         No bottles in lot-cups only

4.         All activity inside by 8:00 pm (bands and patrons)

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

ENTERTAINMENT:

Petition of St. Maria Goretti Church, for license to conduct Block Party (with live Entertainment) at St. Maria Goretti Church Parking Lot, on Saturday, September 26, 1992, from 6:00 pm to 9:00 pm LIC#802M

MOBILE FOOD VENDOR (NEW)

Norberto Rodriguez d/b/a Uncle Lou’s, Res: 24-C Lawn Avenue, Pawtucket, RI LIC#133

SUNDAY SALES (FIRST CLASS)

Central Falls Donut Inc d/b/a Dunkin Donuts (transfer from Tate’s Operating Donut-Dexter d/b/a Mister Donut) 205 Dexter Street LIC#20146

SUNDAY SALES (FIFTH CLASS) NEW

Norberto Rodriguez d/b/a Uncle Lou’s, 24-C Lawn Avenue, LIC#20149

VICTUALLING HOUSE (FIRST CLASS) NEW

Pawtucket Recreation Department, Carrousel, LIC#252

Pawtucket Recreation Department, Lynch Arena, LIC#253

VICTUALLING HOUSE (FIRST CLASS)

Central Falls Donut Inc d/b/a Dunkin Donuts (transfer from Tate’s Operating Donut-Dexter d/b/a Mister Donut) 205 Dexter Street LIC#248

Maria C. Duarte d/b/a Holland Express (transfer from J.A.S. Inc. d/b/a Gigi’s Restaurant) 97 Lonsdale Avenue, LIC#242

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

Barbara Brown - $50,000.00

Henrique T. Moniz - $70.00

Robert A. Paquin - $55.00

THE RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS TO APPROVE THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DEFEATED ON A ROLL CALL VOTE AS FOLLOWS:

Ayes - Councilors Kinder and Vieira.

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

Claim of Douglas Clary in the amount of $460.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT THE SCHOOL DEPARTMENT:

Claim of Candice Satti, by Attorney David M. Spinella, in the amount of $26,506.21

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT THE NEW YORK POLICE DEPARTMENT.

Claim of Eugene Fernandes in the amount of $60.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY ARE DENIED:

Claim of Eunice Barton, Cathy Dorrance and Barbara Swann in the amount of $601.37

Claim of Susan Grace in the amount of $25.00

Claim of Harvard Community Health Plan of New England, Inc./Connie Terino in the amount of $85.00

Claim of Lester Marroquin, by Attorney Seth Adam Perlmutter in no amount specified.

Claim of Carol Paine in the amount of $529.69/361.18

Claim of Connie Terino in the amount of $473.70

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS WITHDRAWN AT THE REQUEST OF CLAIMANT:

Claim of Damicel M. Rameika in no amount specified.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

With majority consent of the Council, the following Motion made by Councilor Calista, 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, requesting that he and Joe Roque find a way to tighten up City contracts to prevent Contractors from missing deadlines.

The Council wishes to consider putting a penalty clause or requiring some type of performance bond in the contract. This request is in light of the delays in completion of work at the City’s Schools which is disrupting the opening of classes this week.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

89        Communication from Governor Bruce Sundlun, to Councilor David P. Moran. (Newport Avenue stop lights)

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

Communication from Governor Bruce Sundlun, to Councilor David P. Moran. (Newport Avenue stop lights)

THE CHAIR RECOGNIZES COUNCILOR RABBITT.

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

The Clerk is instructed to send a Memo to all Directors/Department Heads, to remind them that no payment of claims is to be made for damages to city employees’ personal vehicles without prior approval of the Council.

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 John W. Tomlinson, Chief of Police, to ask what steps are needed to be taken to protect police officers’ personal vehicles from vandalism which are parked at or near the substation.

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 John T. Gannon, City Solicitor, requesting that he contact Lincoln Almond regarding the payment of Claims by the Police Department without the approval of 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 Robert J. Uyttebroek, requesting that he look into the investment between the City of Pawtucket and Senator Alves regarding pension funds, which has been publicized in the local newspapers.

The Council would like to know that facts of this matter, including penalties paid, interest earned, and other pertinent information.

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 Mayor Robert E. Metivier, asking him for more frequent updates on the water crisis currently inflicting our City.

The Council is also requesting that when the crisis is over, they receive the exact cost of this crisis.

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

September 9, 1992 - Regular City Council Session
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