August 11, 1993 - Regular City Council Session

City Council, August 11, 1993

A regular session of the City Council is held Wednesday, August 11, 1993, at eight two o’clock p.m. All the members are present except President Barry, and Councilor Rabbitt, and President Pro-Tempore Vieira presides.

The reading of the records of July 21, 1993, is dispensed with and the records are approved as prepared by the Clerk.

Upon Motion made by Councilor Calista, seconded by Councilor Kinder the *Consent Agenda is approved on a unanimous voice vote:

COUNCIL PRESIDENT BARRY ARRIVES AND PRESIDES AT 8:10 O’CLOCK PM.

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

1          B.         Communication from Richard E. DeLyon, Chief of Police, to Safety Director Noonan; City Clerk, Richard J. Goldstein; City Council President John J. Barry, III; All Council Persons; Animal Control Committee, Chairman Raymond Kinder; Animal Control Officers Holmes and Beaudette. (Circus Animals)

624      D.        Communication from Joseph Roque, Purchasing Agent, to Richard J. Goldstein, City Clerk. (Emergency Purchase Order Report)

623      G.        Communication from Martin E. Joyce, Jr., Personnel Director, to Richard J. Goldstein, City Clerk. (I.A.F.F. Collective Bargaining Agreement July 1, 1993 to June 30, 1995)

590      H.        Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III. (Contracts between the City and Fire and Municipal Employees Unions)

1          I.          Communication from Captain Patrick J. McConaghy, Pawtucket Police Division, to Richard J. Goldstein, City Clerk. (Pawtucket Traffic Enforcement Program)

590      **J.      Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III. (Veto Message on the "Ordinance Limiting the Length of Time for the Employment of ‘Temporary’ Municipal Employees."

590      L.         Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III. (Report regarding the changes enacted by the City Council in the Department of Parks and Recreation)

126      **N.    Communication from James Kulczycki, Director of Parks, to Richard J. Goldstein, City Clerk. (Slater Park Boathouse)

613      O.        Communication from Frank J. Milos, Jr., Special Assistant City Solicitor, to Council President John J. Barry, III. (Zoning Board of Appeals – Tabling Fee Ordinance)

028      P.         Communication from Michael Corso, President of Rhode Island Toreadors, to Pawtucket City Council. (No longer operating the Game of Bingo on Saturday Evenings at 345 Barton Street)

028      Q.        Communication from Scott J. Partington, Esq., to Council President John J. Barry, III. (Ongoing Legal Matters)

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

2          A.        Communication from Richard J. Renzi, Acting Chief of the Fire Department, to Pawtucket City Council. (Fire Department Communications System) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

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

The Clerk is instructed to send a communication to William Noonan, Public Safety Director, to ask that he meet with Acting Chief Renzi, and Jack Rahill regarding the communication system in the Fire Department. The Council would like them to come to some agreement and report back to the Council.

611      C.        Communication from Jack Rahill, Director of Finance, to Richard J. Goldstein, City Clerk. (Various Payments) is Read and Ordered Filed.

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 Gannon, City Solicitor, regarding the use of Adler Pollack & Sheehan for the municipal employees negotiation. The Council would like to know the following:

1.         Why was this not done totally in house?

2.         Were the procedures as set fourth in section 4–1009 of the charter adhered to?

3.         If not, why not?

622      E.         Communication from Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to John Cicilline, Esq. (Properties located at 718–720 Roosevelt Avenue, 726 Roosevelt Avenue, and 8 Manchester Street) is Read and Ordered Filed.

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 Frank Rendine, Director of Zoning and Code Enforcement, requesting further updates on the properties owned by the Burt family, especially the property located at 173 Division Street. Also, the Council is requesting all communications he has received from Mr. Cicilline on this matter.

The Council wants him to pursue this matter to the fullest extent of the law, including the condemnation and demolition of buildings which are not structurally sound.

614      F.         Communication from Ferdinand C. Ihenacho, P.E., Director of Public Works, to Mayor Robert E. Metivier. (Parking Ban Ordinance) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

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

The Clerk is instructed to send a communication to Mayor Robert E. Metivier, regarding the letter from Mr. Ihenacho stating his concerns about the lack of funds for advertising pursuant to the "Parking ban" ordinance.

The Council would like to know what his response is to Mr. Ihenacho regarding this expenditure and also to inform the Mayor and Mr. Ihenacho that the Council believes this ordinance will save the Public Works Department a lot of money and therefore there should be money available for the advertising. They believe that this ordinance should not be put off until next year.

590      K.        Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III. (The status of Albertino Vicente as both Human Services and Affirmative Action Director) is Read and Ordered Filed.

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 Al Vicente, Affirmative Action Coordinator, regarding the Affirmative Action Plan for the City.

Once again the Council would like his comments on implementing an advisory committee on affirmative action to assist him with formulating the City’s plan. The Council also strongly recommends that he meet with different minority groups in the City including P.U.M.A. for their input on this matter.

The Council wants to see a finalized plan within thirty days and would like a response to the rest of this communication by the next meeting.

COUNCILOR RABBITT ARRIVES AT 8:56 O’CLOCK PM.

590      M.        Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III. (Upgrades for Mayor’s Staff) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

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

The Clerk is instructed to send a communication to each Member of the Personnel Board, regarding salary increases given to the staff of the Mayor’s office.

The Council is requesting that the copies of communications between the Council and the Mayor be forwarded to the Personnel Board regarding this matter. They would like their opinion as to whether or not any pay raises for these employees must go through the Personnel Board and the City Council as do classified personnel or can these raises be granted directly by the Mayor.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

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

The Clerk is instructed to send a communication to Frank L. Ribaudo, Program Coordinator, Humane Society of the United States, to inform him that the Council is in receipt of his letter dated July 22, 1993, regarding the Great American Circus and to let him know that they are both sympathetic and appreciative of his concerns regarding the treatment of animals by this circus.

The Council has been informed that during the same week the Circus was in Pawtucket, it was also in Attleboro and Foxboro, MA as well as Woonsocket and West Warwick, RI. The Council would like to know what efforts were made by the Humane Society to stop the Circus in those communities and what success he had in those endeavors.

Communication from His Honor Mayor Robert E. Metivier, submitting the following re-appointment as a Member of the Ethics Commission FOR CONFIRMATION:

589      Miriam R. Plitt, 44 Cooke Street, Term expires on First Monday in July, 1996 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

ETHICS COMMISSION

Miriam R. Plitt, 44 Cooke Street, Term expires on First Monday in July, 1996.

THE FOLLOWING NAMES WHICH ARE SUBMITTED FOR CONFIRMATION TO SERVE DURING THE STEAM BOAT MUSTER ON AUGUST 20, 21, 22, 23, 1993, are APPROVED on a roll call vote, as follows:

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

Noes – 0

HARBOR MASTER – Paul Bettencourt

DOCK MASTER – Don Dawson

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

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

The Clerk is instructed to send a communication to Thomas Willett, Department of Planning and Redevelopment, requesting an update on repairs to the McCoy Stadium track. The Council would like to know when is the earliest these repairs will begin and when they are expected to the completed.

Communication from Michael A. Monti, Jr., Ocean State Construction Company, to Pawtucket City Council, requesting permission to tie into the Pawtucket Sewer System at the corner of Edgeworth Avenue and Buchanan Street, is REFERRED TO PUBLIC WORKS COMMITTEE AND NARRAGANSETT BAY COMMISSION, CITY ENGINEER, DIRECTOR OF PUBLIC WORKS, CITY PLANNING COMMISSION, WATER SUPPLY BOARD.

611      Communication from Jack Rahill, Director of Finance, to Richard J. Goldstein, City Clerk. (Proposals for Collection of Delinquent Excise Taxes) is Read and Ordered Filed and the request is approved.

Communication from Jack Rahill, Director of Finance, to Richard J. Goldstein, City Clerk. (Health Insurance Consulting Services) is Read and Ordered filed and the request is approved.

*STIPULATION

1. No Auto Body work or Painting done at this location.

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of E-Z Auto Sales and Service Inc., (previously Robert J. Verdoia d/b/a Bell Motors) 163 Mineral Spring Avenue, Tax Assessor’s Plat 45, Lot 320, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repairing same. LIC#30142 & #40125

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Four Corners Auto Sales & Service Inc., 264 Weeden Street (previously David M. Carpenter d/b/a Four Corners Muffler Shop, 251 Mineral Spring Avenue) Tax Assessor’s Plat 45, Lot 426, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repairing same, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Mr. David M. Carpenter, 18 Cook Road, Cumberland, RI.

Mr. Carpenter states that he is moving his business from another location in Pawtucket. At his present location, he does only repair work and towing. At the new location, he will add used auto sales.

His hours of operation will be 7:00 am to 5:00 pm and he wishes to expand until 7:00 pm or 8:00 pm in the winter time; however, he will limit his hours to 6:00 pm if the Council so desires.

[illegible] that there will be no towing after hours and no body work [illegible] location.

[illegible] displaying 5 cars in the front and the [illegible] building. He expects to have 15 to 20 cars [illegible]

[illegible] for repair work. He expects to do no [illegible] building except for washing of cars and 15 cars a day.

[illegible] any portion of the property and he has no [illegible]ff the back of the property which abuts [illegible]

[illegible] is Ernest Baptista, 261 Weeden Street, [illegible] because past businesses have spilt oil and dirt on the street. There has been a lot of drilling and banging in the past.

He states that he works nights and he is concerned about being able to sleep during the day.

He states that he owns two houses across the street from this lot and he is concerned about the traffic and kids getting hurt.

There are no other speakers.

The Hearing is Closed.

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE are GRANTED with the following stipulations on a unanimous voice vote:

*STIPULATIONS

1.         The business will be closed by 6:00 pm.

2.         There will be no body work or painting at this location.

3.         The property must be kept clean.

4.         The noise must be kept down to a minimum.

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Four Corners Auto Sales & Service Inc., 264 Weeden Street (previously David M. Carpenter d/b/a Four Corners Muffler Shop, 251 Mineral Spring Avenue) Tax Assessor’s Plat 45, Lot 426, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repairing same. LIC#30141 & #40124

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