City Council, January 20, 1993
A regular session of the City Council is held Wednesday, January 20, 1993, at eight two o’clock p.m. All the members are present and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE THE PUBLIC INPUT PERIOD FOLLOWED BY A PUBLIC HEARING ON THE FOLLOWING:
PROPOSED METHADONE CLINIC IN THE CITY OF PAWTUCKET.
THE COUNCIL RECONVENES AT TEN O’CLOCK P.M.
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 Daniel F. McKinnon, Chairman of Health Services Council, Rhode Island Department of Health, to inform him that a Public Hearing was held on the proposed Methadone Clinic in Pawtucket.
The Council instructed the Clerk to send to the Health Services Council a copy of two petitions regarding the clinic which were introduced at the Hearing, a videotape of the Hearing, and a list of the speakers at the Hearing.
The reading of the records of January 6, 1993, is taken up:
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran requests that the minutes of the meeting of January 6, 1993, be amended on Page 248, #2 to add the word "felonious" between "the" and "assault".
Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the reading of the minutes of the meeting of January 6, 1993, AS AMENDED, is dispensed with and the records are approved as prepare 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:
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 Jack Rahill, Director of Finance, to ask where the expenses for the American Express Cards of the City of Pawtucket are reported.
If they are reported on the Turnaround Reports, the Councilor would like to know why he has seen only two such expenses, when in a response from the Mayor about the usage of these cards since January 1, 1992, there were six separate vouchers.
If the expenses are not reported on the Turnaround Reports, the Council would like a monthly report on all credit card expenses of the City.
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 roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
The Clerk is instructed to send a communication to Mayor Robert E. Metivier, to ask that all usage of any and all credit cards of the City of Pawtucket be stopped immediately.
Decision on Slater Park Zoo is taken up:
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
Upon Motion made by Councilor Clement, seconded by Councilor Vieira, the Council votes to have the zoo closed by July 1, 1993, and to start working immediately with the Humane Society of the United States to relocate the zoo animals on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, and Vieira.
Noes - Councilor Rabbitt.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement introduces the following:
Upon Motion made by Councilor Clement, seconded by Councilor Vieira, the following is Read and Ordered Filed.
A series of communications regarding the Slater Park Zoo.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
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 Mayor Robert E. Metivier, to ask that he start planning now on what to do with the Zoo area in Slater Park, after it is closed on July 1, 1993.
The Clerk is also instructed to send a copy to James Kulczycki, Director of Parks and City Planning Commission.
Elizabeth M. Noonan, 275 Grotto Avenue. (Term expires the first Monday in January 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
BOARD OF APPEALS
Elizabeth M. Noonan, 275 Grotto Avenue. (Term expires the first Monday in January 1996)
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement introduces the following communication:
Communication from Mayor Robert E. Metivier, to Lucie M. Coughlin. (Appointment for Zoning Board)
Upon Motion made by Councilor Clement, seconded by Councilor Calista, the following communication is Read and Ordered Filed.
Anthony V. Mangione, 315 Pawtucket Avenue. (Term expires the first Monday in January 1998) 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
BOARD OF APPEALS
Anthony V. Mangione, 315 Pawtucket Avenue. (Term expires the first Monday in January 1998)
THE FOLLOWING PETITIONS WERE LAID ON THE TABLE AND ARE AGAIN TAKEN UP:
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of ABC Auto Body and Sales Inc., 616 Weeden Street, Tax Assessor’s Plat 47, Lot 591, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles and repairing same, is taken up:
Speaking in favor is Alberto B. Caldas, 50 Blake Street, Pawtucket, RI.
Mr. Caldas states that he has been working at Al Jo Auto since 1974, which is at the same address.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE are GRANTED on a unanimous voice vote:
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of ABC Auto Body and Sales Inc., 616 Weeden Street. LIC#30131 & 40113
COUNCILOR VIEIRA LEAVES AT 10:57 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
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
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO GIVE FAVORABLE CONSIDERATION TO THE CITY’S BOND LEGISLATION.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following communication:
Upon Motion made by Councilor Calista, seconded by Councilor Kinder, the following communication is Read and Ordered Filed.
Communication from Christopher E. Fay, Esq., Assistant City Solicitor, to Councilor John Q. Calista. (Status on State Aid Law Suit)
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following entitled resolution:
Upon Motion made by Councilor Calista, seconded by Councilor Bray, the following entitled 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 10:59 PM.
UPON MOTION MADE BY COUNCILOR KINDER, SECONDED BY COUNCILOR VIEIRA, THE MEETING IS EXTENDED UNTIL 11:20 O’CLOCK PM ON A UNANIMOUS VOICE VOTE.
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
Submitted by: Councilor Kevin J. Rabbitt District Three
COUNCIL PRESIDENT BARRY LEAVES AT 11:05 PM.
COUNCILOR VIEIRA PRESIDES.
COUNCILOR RABBITT LEAVES AT 11:06 PM.
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 Pro Tempore Vieira, Councilors Bray, Calista, Clement, Doyle, Kinder and Moran.
Noes - 0
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". (Account clerk II, Skating Rink Coordinator and Looff Carousel Manager)
COUNCIL PRESIDENT BARRY RETURNS AND PRESIDES AT 11:12 PM.
COUNCILOR RABBITT RETURNS AT 11:13 PM.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE ENTITLED "HOUSING COURT"
Section 3. (B) shall be amended to read as follows:
(B) There shall be a Housing Court Judge and an Associate Housing Court Judge to hear and determine all actions brought before the Housing Court by the Director of Zoning and Code Enforcement concerning violations of state and local housing laws and ordinances and all actions brought for the prevention thereof, and to hear and determine any other actions brought to promote, protect, or enhance the residential environmental quality of the people.
Section 3. (C) shall be amended by adding to line two between the words, "said" and "Judge" the words "Municipal Court"
Section 3. a new subsection (D) shall be added to read as follows:
(D) The Associate Housing Court Judge shall serve simultaneously as the Associate Judge of the Pawtucket. Municipal Court; said Associate Municipal Court Judge being appointed by the Housing Court Judge in his or her capacity as Judge of the Municipal Court and in accordance with Section 2-501 of the City Charter.
Section 3. subsections (D) (E) (F) and (G) shall be changed to subsections (E) (F) (G) and (H)
Section 3. a new subsection (I) shall be added to read as follows:
(I) The fees and costs assessed by the Pawtucket Housing Court shall at all times be consistent with those of the Pawtucket Municipal Court.
Section 4. (B) shall be amended to read as follows:
(B) In all matters within its jurisdiction, the Housing Court shall have equitable powers pursuant to Section 45-24.2-8 and in accordance with Chapter 24.3 of Title 45 of the Rhode Island General Laws. In accordance with Section 8-8-3.1 of the Rhode Island General Laws, these equitable powers shall include the power to grant temporary restraining orders and preliminary and permanent injunctions as justice and equity may require, as well as the power to order a dwelling into receivership pursuant to Section 34-44-3 of the Rhode Island General Laws.
Section 5. shall be amended to read as follows:
Section 5. Sessions. The Housing Court shall conduct business in the Pawtucket Municipal Court House on each and every Wednesday evening and on Friday mornings as the Housing Court Judge deems necessary. The Housing Court shall also conduct business in the Pawtucket Municipal Court House at such other times and under such conditions as the Housing Court Judge may from time to time direct.
Section 7. (A) shall be amended by placing a period on line four, after the first time the words Associate Judge appear and eliminating the rest of the paragraph.
Section 9. shall be amended to read as follows:
Section 9. Authority and Duties of Clerks. The Housing Court Clerk shall serve simultaneously as the Clerk of the Pawtucket Municipal Court. In addition to any other authority or duties provided by this chapter, the Housing Court Clerk shall have the authority to carry out the duties with respect to the Housing Court that are exercised or performed by the clerks of the District Courts in housing matters.
Section 11. shall be amended to read as follows:
Section 11. Appeal. Any party aggrieved by final judgment, decree, or order of the Housing Court, may within twenty days (20) days after entry of judgment, petition to the Supreme Court of the State of Rhode Island for a writ of certiorari to review any errors involved. The petition for the writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the Supreme Court, the Supreme Court may if it sees fit, issue a writ of certiorari to the Housing Court to certify to the Supreme Court the record of the proceedings of the case together with any transcript of the proceedings furnished by the petitioner at his expense.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
Upon Motion made by Councilor Clement, seconded by Councilor Vieira, the proposed amendment to the Ordinance Entitled "ORDINANCE ENTITLED "HOUSING COURT’" is LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND THE CLERK IS INSTRUCTED TO SET A PUBLIC HEARING FOR FEBRUARY 10, 1993, ON A UNANIMOUS VOICE VOTE:
ORDINANCE ENTITLED "HOUSING COURT"
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
To transfer $91,949 from the Total Reclassified Surplus to Fund the FY’90 School Deficit instead of the Reserve Fund.
Upon Motion made by Councilor Bray, seconded by Councilors Clement, Kinder and Vieira, the AMENDMENT to the Ordinance Entitled "ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE 1990--1991 ANNUAL OPERATING BUDGET, CHAPTER 2140" is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
To transfer $91,949 from the Total Reclassified Surplus to Fund the FY’90 School Deficit instead of the Reserve Fund.
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 and Vieira.
Noes - Councilor Rabbitt.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH THE RECOMMENDATION THAT IT BE TAKEN UNDER ADVISEMENT.
ORDINANCE AUTHORIZING THE CITY TAX COLLECTOR TO ALLOW AN OPTION OF COLLECTING ALL REAL ESTATE AND PERSONAL PROPERTY TAXES, PENALTIES AND INTERESTS DUE THE CITY ON A MONTHLY BASIS.
Upon Motion made by Councilor Moran, seconded by Councilor Clement, the following ordinance is TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
ORDINANCE AUTHORIZING THE CITY TAX COLLECTOR TO ALLOW AN OPTION OF COLLECTING ALL REAL ESTATE AND PERSONAL PROPERTY TAXES, PENALTIES AND INTERESTS DUE THE CITY ON A MONTHLY BASIS.
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 Joseph Roque, Purchasing Agent, to ask that the December and January Reports on Emergency Purchases be prepared in time for the meeting of February 10, 1993.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
ORDINANCE BRINGING ALL CITY TRAFFIC ORDINANCES INTO COMPLIANCE WITH STATE LAW.
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
FLOWER PEDDLER (RENEWALS)
Dominic Africo, Res: 191 Greeley Street, Providence, RI LIC#66
Peter Giossi d/b/a Flower’s Unlimited, Res: 63 Rose Garden Street, Warwick, RI LIC#71
MOBILE FOOD VENDOR (NEW)
Alan Pine d/b/a Weenies-A-Go-Go, Res: 9 Lisa Ann Court, Greenville, RI LIC#147
MOBILE FOOD VENDOR (RENEWALS)
Leo Lachance d/b/a Dottie’s Caterer’s, Res: 460 York Avenue, Pawtucket, RI LIC#87
Leonard E. Rounds, III, Res: 71 Lincoln Avenue, Central Falls, RI LIC#33
POOL TABLE (RENEWALS)
Victoria P. Amaral d/b/a Indian Lounge Narragansett Cafe, 435 York Avenue & 190 Columbus Avenue, (1) Weekly and Sundays LIC#G0002
Cape Verdean American Lounge Inc, 17 Exchange Street, (1) Weekdays and Sundays LIC#G0008
DVK Enterprises Inc., d/b/a Boomer’s Sports Bar and Comedy Club, 327 Barton Street, (2) Weekdays and Sundays LIC#G0010
Judge Kelley’s Inc., 548 Smithfield Avenue, (1) Weekdays and Sundays LIC#G0016
S & L Inc., d/b/a Cafe Ordway, 3 Ordway Street, (1) Weekdays and Sundays LIC#G0022
South End Saloon Inc., d/b/a The Corner Pocket, 569 Broadway, (1) Weekdays and Sundays LIC#G0024
PUBLIC LAUNDRY
Scott B. Powers d/b/a Esquire Cleansers (transfer from Stephen J. & Charles P Iwuc d/b/a Esquire Cleansers) 898 Central Avenue, LIC#A0035
SUNDAY SALES (FIFTH CLASS) NEW
Alan Pine d/b/a Weenies-A-Go-Go, Res: 9 Lisa Ann Court, Greenville, RI LIC#20174
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Karen Abbatomarco - $ 74.28
Michelle Berard - $273.60
Brian Marinosci - $902.12
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 Mayor Robert E. Metivier, requesting a status report on the communications system in the Fire Department.
Also, Councilor Rabbitt would like a monthly update on the implementation on the reports which the City has received over that last several months, including the Tri Data Report, the RIPEC Report, and any other reports of studies recently done.
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 Robert J. Uyttebroek, to ask for a status report on the projects he was working on for the City of Pawtucket.
THE CHAIR RECOGNIZES COUNCIL PRESIDENT BARRY.
With majority consent of the Council, the following Motion made by Council President Barry, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Robert E. Metivier, to ask that a Fire Chief be appointed within one week, if possible.
Council President Barry has received complaints from some Fire Fighters who are concerned about their status in the Department.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at eleven thirty o’clock p.m.