City Council, April 21, 1993
A regular session of the City Council is held Wednesday, April 21, 1993, at eight forty three o’clock p.m. All the members are present and President Barry presides.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Upon Motion made by Councilor Vieira, seconded by Councilor Calista, the minutes of the pre-council session with Scott Partington which was held in executive session, pursuant to R.I.G.L. 42-46-5 (2) dealing with pending litigation, are sealed.
The reading of the records of April 7, 1993, 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:
**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 Rabbitt, is passed on a unanimous voice vote:
The Clerk is instructed to send communications to several department heads requesting information as to why line items in their budgets are overspent.
COUNCILOR VIEIRA LEAVES AT 9:10 PM.
Diana C. Dumin, 257 Woodhaven Road (to fill unexpired term of Jean R. Richardson) - Term expires on the first Monday in February, 1994 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 and Rabbitt.
Noes - 0
HISTORIC DISTRICT
Diana C. Dumin, 257 Woodhaven Road (to fill unexpired term of Jean R. Richardson) - Term expires on the first Monday in February, 1994.
COUNCILOR VIEIRA RETURNS AT 9:12 PM.
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 Joseph Roque, Purchasing Agent, to ask that the emergency purchase reports for March and April both be ready for the May 5, 1993, meeting.
The Council would like an explanation on why these reports are always delayed beyond the time required in the Council Resolution.
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD MARCH 24, AND APRIL 7, 1993, AND ARE AGAIN TAKEN UP:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE (NEW)
Julio Martinez d/b/a J Company, 540 Weeden Street, LIC#30135 & 40118 REAR
Speaking in favor is Attorney for the applicant Steven Rossi, 895 Mendon Road, Cumberland, RI.
Mr. Rossi states that he wants the letters from Mr. Rendine and Mr. Milos made part of record.
He states that Mr. Martinez will go along with the parking restrictions as set forth by Mr. Rendine.
He states that Mr. Martinez will not sell vehicles, will do no painting or auto body work and all work will be done inside.
Mr. Martinez will use all 6 garages.
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 and Second Hand Shop License is GRANTED with the following stipulations on a unanimous voice vote:
*STIPULATIONS.
1. There will be a maximum of 21 vehicles in the back of the property, including 6 in the garages and 15 outside.
2. No auto body work.
3. No painting.
4. All repairs to be done inside the building.
5. All six garages to be used by the license holder which shall be stipulated in the lease.
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD MARCH 24, AND APRIL 7, 1993, AND ARE AGAIN TAKEN UP:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE (RENEWALS)
Antonio Fonseca-by Executrix of his estate d/b/a Fonseca’s Auto Sales & Repair, 540 Weeden Street, LIC#30043 & LIC#40041
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following petition for Auto Repair Shop License and Second Hand Shop License is GRANTED with the following additional Stipulations on a unanimous voice vote:
*ADDITIONAL STIPULATIONS.
1. Only 12 Autos on Lot for Sale.
2. All sales must take place in front of building.
DECISION ON VETERANS MONUMENT is TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon Motion made by Councilor Moran, seconded by Councilor Clement, the Council reaffirms its decision to remove all names from the monument on a roll call vote, as follows:
Ayes - Councilors Bray, Clement, Doyle, Kinder, Moran and Vieira.
Noes - President Barry, Councilors Calista and Rabbitt.
THE CHAIR RECOGNIZES COUNCILOR KINDER.
Upon Motion made by Councilor Kinder, seconded by Councilor Rabbitt the Council moves to have small plaque with the names of the monument committee placed near the monument but not paid for at City expense on a roll call vote, as follows:
Ayes - President Barry, Councilors Calista, Doyle, Kinder and Rabbitt.
Noes - Councilors Bray, Clement, Moran and Vieira.
THE FOLLOWING RESOLUTION WAS TAKEN UNDER ADVISEMENT AT THE MEETING HELD FEBRUARY 10, 1993, AND IS AGAIN TAKEN UP AND IS READ AND DENIED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - 0
Noes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
The Motion made by Councilor Clement, seconded by Councilor Calista, to AUTHORIZE THE ISSUANCE OF UP TO $4,000,000 IN BONDS FOR THE CONSTRUCTION OR ACQUISITION OR RENOVATION OF SCHOOL BUILDINGS, is DEFEATED on a roll call vote, as follows:
Ayes - Councilors Calista, Clement, Kinder and Rabbitt.
Noes - President Barry, Councilors Bray, Doyle, Moran and Vieira.
COUNCILOR VIEIRA LEAVES AT 10:23 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 and Rabbitt.
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 Rabbitt.
Noes - 0
COUNCILOR VIEIRA RETURNS AT 10:25 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, 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
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, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2287.
COUNCILOR DOYLE LEAVES AT 10:28 PM.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE IN AMENDMENT OF CHAPTER 2167 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGULATING THE LICENSING OF MOBILE PREPARED FOOD VENDORS IN THE CITY OF PAWTUCKET, AS AMENDED. (Proximity to existing establishments)
Proximity to Existing Establishments shall be changed from "within fifteen hundred feet (1500’) of an existing establishment" to within five hundred feet (500’) of an existing establishment.
Upon Motion made by Councilor Clement, seconded by Councilor Kinder, the AMENDMENT to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2167 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGULATING THE LICENSING OF MOBILE PREPARED FOOD VENDORS IN THE CITY OF PAWTUCKET, AS AMENDED. (Proximity to existing establishments) is passed on a roll call vote, as follows:
Ayes - President Barry Councilors Bray, Calista, Clement, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Proximity to Existing Establishments shall be changed from "within fifteen hundred feet (1500’) of an existing establishment" to within five hundred feet (500’) feet of an existing establishment.
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, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ORDINANCE IN AMENDMENT OF CHAPTER 2167 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGULATING THE LICENSING OF MOBILE PREPARED FOOD VENDORS IN THE CITY OF PAWTUCKET, AS AMENDED. (Proximity to existing establishments) AS AMENDED
COUNCILOR DOYLE RETURNS AT 10:32 PM.
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 John T. Gannon, City Solicitor, regarding the F.O.P. complaint to the Labor Board regarding the John Tomlinson matter.
The Council would like to know the following:
1. What is the status on this matter.
2. Will he be representing them at the Hearing.
COUNCILOR BRAY LEAVES AT 10:33 PM.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE IN AMENDMENT OF CHAPTER 1616 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE IN AMENDMENT OF CHAPTER 169 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, ENTITLED ‘HAWKERS AND PEDDLERS’." (Proximity to existing establishments)
In Sec. 14-15. Proximity to Existing Establishment - change "within fifteen hundred (1500’) feet of an existing establishment" to within five hundred (500’) feet of an existing establishment.
Upon Motion made by Councilor Doyle, seconded by Councilors Kinder and Rabbitt, the AMENDMENT to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 1616 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE IN AMENDMENT OF CHAPTER 169 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, ENTITLED ‘HAWKERS AND PEDDLERS’." (Proximity to existing establishments) is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
In Sec. 14-15. Proximity to Existing Establishment - change "within fifteen hundred (1500’) feet of an existing establishment" to within five hundred (500’) feet of an existing establishment.
The following ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ORDINANCE IN AMENDMENT OF CHAPTER 1616 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE IN AMENDMENT OF CHAPTER 169 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, ENTITLED ‘HAWKERS AND PEDDLERS’." (Proximity to existing establishments) AS AMENDED
COUNCILOR BRAY RETURNS AT 10:35 PM.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
ORDINANCE IN AMENDMENT OF CHAPTER 2200 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE TO REQUIRE PUBLICATION OF QUESTIONS TO BE SUBMITTED TO VOTERS." (Mailing to households with registered voters; bulk mail)
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jack Rahill, Finance Director, requesting that he respond to the fourth paragraph of a letter which was the first page of a Report sent by Hague & Sahady last week.
The Council wants to know what was omitted by the Administration as discussed in this paragraph.
THE FOLLOWING LICENSE IS TAKEN UP:
ENTERTAINMENT
Pawtucket Fireworks Committee, for license to conduct Carnival at McCoy Stadium Parking Lot, on Thursday, June 24, Friday, June 25, Saturday, June 26, and Sunday, June 27, 1993, from 12 Noon - 10 PM.
Speaking in opposition is Robert W. Michaud, 258 Columbus Avenue, Pawtucket, RI.
Mr. Michaud believes that the docket is faulty and that the person should not have made the motion on the hearing because he has a conflict of interest.
He opposes the carnival if liquor is being served.
He is concerned because one group was refused the use of McCoy Stadium last year while the fireworks committee was granted theirs.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Clement the following petition for Entertainment is GRANTED on a unanimous voice vote:
Abstains - Councilors Calista, Kinder and Vieira.
Application for use of City Property by Pawtucket Fire Works Committee to conduct Carnival is GRANTED on a unanimous voice vote:
Abstains - Councilors Calista, Kinder and Vieira.
Councilor John Q. Calista, Jr., Abstains based on his statement that "Chairman of the Carnival Sub Committee Non-profit" (report filed)
Councilor William D. Vieira, Sr., Abstains based on his statement that "Pawtucket Fire Works Committee Member" (report filed)
Councilor J. Raymond Kinder, Abstains based on his statement that "Pawtucket Fire Works Committee Member" (report filed)
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
FLOWER PEDDLER (NEW)
Randall C. Hien, Res: 208 River Road, Lincoln, RI, LIC#154
Donald Klemanchuck, Res: 461 East Avenue, Pawtucket, RI, LIC#156
MOBILE FOOD VENDOR (NEW)
Arthur Ashburn, Res: 355 Fountain Street, Pawtucket, RI, LIC#155
POOL TABLE (NEW)
Carousel Sports Lounge Inc., 507 Armistice Boulevard, (2) Sundays and Weekdays, LIC#30
SUNDAY SALES (LIMITED) RENEWAL
Juliette Soulage d/b/a Main Street Grocery Market, 830 Main Street, LIC#20125
SUNDAY SALES (SECOND CLASS) NEW
Quality Rental Centers Inc., 390 Walcott Street, LIC#20191
SUNDAY SALES (SECOND CLASS) RENEWAL
Jim & Lori Inc., d/b/a J L Super Stores, 848 Newport Avenue, LIC#20103
Phyl-Top Inc., d/b/a Mr. Tux, 127 School Street, LIC#20124
TAVERN (SECOND CLASS) NEW
Paul & Eugene Tortolani d/b/a North Lake Associates, 59 Prospect Street, LIC#289
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
City of Providence - $54,240.24
Douglas F. Coyle - $305.71
Hermann Schim MD - $720.00
John Oliveira - $313.69/332.60
Richard LaClair - $124.46/150.45
Janet H. Tetreault - $802.30/867.30
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to James Kulczycki, Director of Parks, requesting that he contact the Presidents of all the boys and girls youth sports organizations in the City, to meet with him and Mike Tamburo to discuss setting up some type of fund raiser at McCoy Stadium for these teams.
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 John T. Gannon, City Solicitor, and Jack Rahill, Finance Director, to ask that they set up a Restricted Receipt Account for monies which come into the City through the fining of liquor establishments for violations of their licenses.
This account would be used for alcohol awareness programs.
The Council believes that an ordinance is needed to set up this account, and is requesting that they prepare one for their consideration.
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, Finance Director, to ask for a listing of all Bonds which have been approved but not yet sold. Also, how much money is left on each Bond which has been sold, but not yet spent.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at eleven o’clock p.m.