September 23, 1992 - Regular City Council Session

City Council, September 23, 1992.

A regular session of the City Council is held Wednesday, September 23, 1992, at eight six o’clock p.m. All the members are present except Councilor Rabbitt and President Barry presides.

The reading of the records of September 9, 14, 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:

1          **B.     Communication from Captain Patrick J. McConaghy, to Richard J. Goldstein, City Clerk. (P.A.R.E. Program)

028      C.        Communication from John H. Chafee, United States Senator, to Richard J. Goldstein, City Clerk. (Low-Income Energy Assistance Program and Low-Income Housing Tax Credit)

126      D.        Communication from Bill Mulholland, Director of Recreation, to City Council. (Lynch Arena Snack Bar)

613      F.         Communication from Gerald J. Pouliot, Assistant City Solicitor, to Richard J. Goldstein, City Clerk. (Environmental Action Supervisor)

592      **G.    Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Richard J. Goldstein, City Clerk. (Amendment to the City of Pawtucket Tree Ordinance)

592      **H.    Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Council President John J. Barry. (Historic Core Project)

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

613      A.        Communication from John T. Gannon, City Solicitor, to Councilor Brenda Clement. (List of Attorneys hired by City) 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 John T. Gannon, City Solicitor, regarding outside legal services. The Council would like additional information on this matter, including the following:

1.         The hourly rate and total cost of those cases he mentioned.

2.         Why those cases are conflicts.

3.         Are there any other firms being used, either in City Hall or by the Police Department, Fire Department, or any other Department or Commission of the City of Pawtucket.

4.         The total cost of all outside legal services between May 1, 1992 and September 1, 1992.

5.         Why can’t the City get an extension on the 20 day response time so that outside legal services can be hired without using emergency purchases.

611      E.         Communication from Jack Rahill, Finance Director, to Members of the Pawtucket City Council. (Fiscal period from July 1, 1992, through July 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 Clement, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Robert J. Uyttebroek, requesting that he attend a pre-council session to be held on Wednesday, October 21, 1992, to review the July figures which the Council has received in their monthly Statement of Appropriations.

1          I.          Communication from John W. Tomlinson, Chief of Police, to Richard J. Goldstein, City Clerk. (Security for Private Autos of Police Officers) is Read and Ordered Filed and Referred to the Property Committee.

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 All Members of the City Property Committee for their recommendations on security for private autos of police officers.

THE CHAIR RECOGNIZES COUNCILOR RABBITT.

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

The Clerk is instructed to send a communication to John W. Tomlinson, Chief of Police, concerning safety measures for police officers’ private vehicles.

Petition for AUTO REPAIR SHOP of Richard DiFonzo d/b/a Busy Bee Auto Repair, 611 Weeden Street, Tax Assessor’s Plat 47, Lot 433, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up:

Speaking in favor is George Dumont, 150 Walcott Street, Pawtucket, RI.

Mr. Dumont states that he is the owner of the building on the opposite side of the establishment.

Mr. Dumont states that Mr. DiFonzo is a good neighbor and a conscientious property owner. Mr. Dumont states that we need more taxpayers like him.

He also states that he was not asked to come to the meeting by Mr. DiFonzo.

Speaking in favor is the applicant Richard DiFonzo, 18 Birchwood Drive, Johnston, RI.

Mr. DiFonzo states that the establishment was in operation for 20–25 years. He bought the business from his father eight years ago, and has made improvements to the property.

Mr. DiFonzo states that he didn’t know that he needed the license. He thought that he was grandfathered in.

Mr. Difonzo states that he is doing auto repair work, some cars are stored in the back of the property, (1–3 cars) and some of the cars belong to tenants of the house he owns behind the establishment.

Mr. Difonzo states that some of the cars are unregistered, they are only being stored. He does painting and bodywork on his own cars.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the petition for Auto Repair Shop License is GRANTED with the following stipulation, on a unanimous voice vote:

*STIPULATION

No Auto Body Work or Auto Painting.

Petition for AUTO REPAIR SHOP of Richard DiFonzo d/b/a Busy Bee Auto Repair, 611 Weeden Street, Tax Assessor’s Plat 47, Lot 433, to keep a shop for repairing automobiles. LIC#30130

COUNCILOR RABBITT ARRIVES AT 8:38 PM.

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 THAT THE "USE FORM" BE A PART OF THE APPLICATION TO THE CITY COUNCIL FOR USE OF CITY PROPERTY.

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

Abstain - Councilor Rabbitt.

588      RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO CHANGE THE NAME OF THAT PORTION OF THE SEEKONK RIVER WHICH FLOWS THROUGH PAWTUCKET TO THE "PAWTUCKET RIVER".

The following Ordinance is read for 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 SECTION 28–14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET. (Obstructing Sidewalks, etc. - Generally)

The following Ordinance is read for 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 ENTITLED "BUSINESS REGISTRATION."

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

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 Raymond W. Houle, Jr., Director of Administration, regarding the hiring of additional crossing guards, in particular, full time benefits vs. part time benefits. Also requested is the procedure for hiring the crossing guards. Councilor Clement suggests a lottery system; Councilor Calista recommends those qualified candidates who have the greatest financial need.

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 William Mulholland, Director of Recreation, regarding the Slater Park Zoo. The Council has learned that additional animals are being brought into the zoo and wants this stopped immediately until a final decision is made regarding the zoo.

The Council would also like an update on the Zoo proposal, which was sent to the Mayor by the Council, especially when they can expect to hear back from the Mayor and him.

The following Ordinance is read for first time, and passed on a roll call vote, as follows:

Noes - 0

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

ORDINANCE ENTITLED "REGISTRATION OF VENDING MACHINES."

The following Ordinance is read for 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 2273 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, "AN ORDINANCE FIXING THE SALARIES OF HEAD OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2174" (Supervisor of Environmental Action)

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

ORDINANCE IN AMENDMENT OF CHAPTER 2234 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "ORDINANCE TO CREATE AN ADVISORY COMMISSION ON ETHICS."

ORDINANCE ESTABLISHING A CLASSIFIED POSITION FOR THE SUPERVISOR OF ENVIRONMENTAL ACTION.

ORDINANCE IN AMENDMENT OF CHAPTER 2228 "CITY OF PAWTUCKET TREE ORDINANCE".

THE CHAIR RECOGNIZES COUNCILOR VIEIRA, CHAIRPERSON OF THE ORDINANCE COMMITTEE.

WITH MAJORITY CONSENT OF THE COUNCIL, THE FOLLOWING MOTION MADE BY COUNCILOR VIEIRA, SECONDED BY COUNCILORS CLEMENT AND KINDER, WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE, IS PASSED ON A UNANIMOUS VOICE VOTE:

SET A PUBLIC HEARING ON THE FOLLOWING ORDINANCE TO BE HELD ON WEDNESDAY, OCTOBER 7, 1992, AT 8:00 P.M.

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.

AND SET A PUBLIC HEARING ON THE FOLLOWING ORDINANCE TO BE HELD ON WEDNESDAY, OCTOBER 21, 1992, AT 8:00 P.M.

AN 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 AS AMENDED. (Park Place and McCoy Stadium Historic Districts)

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Vieira, 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 secure the incinerator area, as soon as possible, so that no danger may come to any member of the public.

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

The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, requesting that he do a study on the incinerator building to determine if the best use of this building is to rehabilitate it or to demolish it. The Council would like him to consider the fact that the incinerator is now located in an enterprise zone.

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

The Clerk is instructed to send a communication to Jack Rahill, Director of Finance, to ask him how much money is owed on the incinerator bonds which were sold several years ago.

THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETING HELD SEPTEMBER 9, 1992, AND IS AGAIN TAKEN UP AND IS GRANTED ON A UNANIMOUS VOICE VOTE:

SECOND HAND SHOP LICENSE (NEW)

Luis Rodrigues Jr d/b/a Lou’s Collectables, 652 Broadway, LIC#40110

City Council, September 23, 1992.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Vieira, 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 take whatever steps are necessary to ensure that adequate temporary lighting is placed on Roosevelt Avenue in time for the Octoberfest, which is taking place on the weekend of October 2, 3, 4, 1992.

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

PIGEON LOFT (RENEWAL)

Frank J. Rowse Jr., 203 Mendon Avenue, LIC#6

PRIVATE DETECTIVE (NEW)

John LeClair, 95 Armistice Boulevard, LIC#143

PUBLIC LAUNDRY (NEW)

Boris Bergus d/b/a Bo’s Dry Cleaning and Mail Services, 666 School Street, LIC#22

SUNDAY SALES (FIRST CLASS) NEW

Joaquim DaSilva d/b/a People’s Meat Market, 949 Main Street, LIC#20150

VICTUALLING HOUSE (FIRST CLASS)

Shannon Bowron d/b/a Shannon’s Place (transfer from Irini & Stephen Demetriou) 737 Broadway, LIC#264

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

Nathan C. Lanoue - No amount specified John Larose d/b/a Fred’s Auto Sales - $39.95

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

Communication from Raymond W. Houle, Jr., Director of Administration, to Councilor David P. Moran, and Pawtucket City Council. (Tax property owned by the Pawtucket Water Supply Board)

Upon Motion made by Councilor Moran, seconded by Councilor Clement, the following communications are Read and Ordered Filed.

Communication from Raymond W. Houle, Jr., Director of Administration, to Councilor David P. Moran, and Pawtucket City Council. (Tax property owned by the Pawtucket Water Supply Board)

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, to ask him if the bidding procedures were followed on the hiring of Coyle and Associates to do an assessment of properties owned by the Water Supply Board in the City of Pawtucket. Councilor Moran notes that the expense is in excess of $3000 which requires that the services go out to bid.

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

The Clerk is instructed to send a communication to Edward R. McCormick, Jr., Chairman of Pawtucket Water Supply Board, regarding the water crisis.

The Council was concerned to read that the Board intends to go to the Public Utilities Commission to ask that the expenses from the crisis not paid by FEMA be passed along to the users. The Council wants him to do whatever is in his power to ensure that this expense is not passed on to the water users. Also, the Council is recommending that he look into a rebate to the users who have suffered from this crisis, and charge the expense off to FEMA.

The Council would also like a breakdown on all of the expenses to date regarding the crisis, including water, administrative, and overtime costs. Also, they would like an update on the cause of the crisis.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

625      Communication from Raymond W. Houle, Jr., Director of Administration, to Councilor David P. Moran, and Pawtucket City Council. (Raise the speed limit on Newport Avenue to thirty miles (30) an hour)

Upon Motion made by Councilor Moran, seconded by Councilor Vieira, the following communications are Read and Ordered Filed.

Communication from Raymond W. Houle, Jr., Director of Administration, to Councilor David P. Moran, and Pawtucket City Council. (Raise the speed limit on Newport Avenue to thirty miles (30) an hour)

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 Paul R. Annarummo, P.E., State Traffic Commission, Department of Transportation, regarding his letter to Mayor Metivier stating the Commission’s approval to change the speed limit on Newport Avenue to 30 miles per hour. The Council would like to know when this will take place.

THE CHAIR RECOGNIZES COUNCILOR RABBITT.

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

The Clerk is instructed to send a communication to Mayor Robert E. Metivier, regarding the City’s plans for Dunnell Park.

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 Commander Richard DeLyon, requesting that he increase the patrols around the Varieur School, especially in the back of the School and during the evening hours.

President Barry has received several complaints from neighbors concerned with people hanging out in the back of the school at night.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

625      Communication from Raymond W. Houle, Jr., Director of Administration, to Councilor David P. Moran, and Pawtucket City Council. (Tax property owned by the Pawtucket Water Supply Board)

Upon Motion made by Councilor Moran, seconded by Councilor Clement, the following communications are Read and Ordered Filed.

Communication from Raymond W. Houle, Jr., Director of Administration, to Councilor David P. Moran, and Pawtucket City Council. (Tax property owned by the Pawtucket Water Supply Board)

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 Antonio Fonseca d/b/a Fonseca’s Auto Sales & Repair, to place the following stipulation on his license.

NO AUTO BODY WORK AND NO AUTO PAINTING.

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

September 23, 1992 - Regular City Council Session
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