City Council, July 7, 1993
A regular session of the City Council is held Wednesday, July 7, 1993, at eight thirty-seven o’clock p.m. All the members are present and President Barry presides.
The reading of the records of June 22, 23, 1993, 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:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN:
THE COUNCIL RECESSES AT EIGHT FORTY O’CLOCK P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
ORDINANCE OF THE CITY OF PAWTUCKET CITY COUNCIL IN AMENDMENT OF CHAPTER 13 OF THE CITY OF PAWTUCKET REVISED ORDINANCES 1966, ENTITLED "GARBAGE, PAPER, AND RUBBISH." (Local Recycling Program)
THE COUNCIL RECONVENES AT EIGHT FORTY-TWO O’CLOCK P.M.
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 Janice O’Donnell, Director of the Childrens’ Museum, to inform her that the Council is strongly in favor of the concept of the Children’s Museum relocating within the City of Pawtucket.
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, requesting an update on the negotiations with the Children’s Museum to keep them in the City of Pawtucket.
The Council would like to be kept updated on the progress of these negotiations.
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 Kevin J. Shea, Executive Director of the Pawtucket Redevelopment Agency, requesting that he attend a Pre-Council Session of the City Council on Wednesday, July 21, 1993. The purpose of this meeting is to discuss the plans and the status of the Peerless Building.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilor Moran, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Robert E. Metivier, regarding the upgrades for his staff. Councilor Doyle would like to know the rationale for granting these upgrades considering that we have completed negotiations with one union and are still negotiating with two others which would grant no pay raises in FY94. Also, the Council would like to know what the percentage increase was for each member of his staff and why the Council was not informed of these upgrades.
COUNCILOR BRAY LEAVES AT 9:13 PM.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement introduces the following entitled resolution:
Upon Motion made by Councilor Clement, seconded by Councilor Kinder, the following resolution is read and passed on a roll call vote, as follows:
Ayes – President Barry, Councilors Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes – 0
RESOLUTION IN SUPPORT OF THE NARRAGANSETT BAY COMMISSION COMBINED SEWER OVERFLOW ABATEMENT PROGRAM.
COUNCILOR BRAY RETURNS AT 9:16 PM.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Bray, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, requesting that he prepare an Ordinance, if possible, regarding interference from rooftop CB antennas.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council the following Motion made by Councilor Rabbitt, seconded by Councilors Clement and Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank A. Rendine, Director of Zoning and Code Enforcement, to thank him and congratulate him for his very informative and timely monthly reports to the Council.
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 Mayor Robert E. Metivier, to clarify Al Vicente’s current position as Affirmative Action Coordinator in light of the budget decisions made by the Council regarding his position as Welfare Director.
The Council would also like to know if the $15,000 which was allocated to hire a part-time Affirmative Action Consultant is being used to pay Mr. Vicente’s salary.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
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 Albertino L. Vicente, Affirmative Action Coordinator, to get an update on the Affirmative Action Plan for the city. The Council is aware of the Affirmative Action Program Ordinance, but wishes to see the plan to implement this program including the goals of the program and the target dates for achieving these goals.
The Council would also like his comments on Councilor Clement’s recommendation of forming an Affirmative Action Advisory Committee made up of himself, Members of the Council, private citizens and others who may be interested.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, 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 sale of liquor licenses. Councilor Moran has seen in the newspaper, advertisements offering liquor licenses for sale. The Council would like to know if this is legal; what the view of the Liquor Control Administrator is on this matter; and what, if anything, the Board can do if they become aware of such advertisements.
Lorraine D. Knight, 71 Harris Street, Term expires on first Monday in July 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, Rabbitt and Vieira.
Noes – 0
CITY PENSION BOARD
Lorraine D. Knight, 71 Harris Street, Term expires on first Monday in July 1994.
Langdon D. Clough, 340 Broadway, Term Expires on first Monday, July, 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, Rabbitt and Vieira.
Noes – 0
CITY PENSION BOARD
Langdon D. Clough, 340 Broadway, Term Expires on first Monday, July, 1994.
FORMAL HEARING
AUTO REPAIR SHOP LICENSE
Felix Vicente d/b/a Candy’s Auto Body & Repair, 519 Broadway, LIC#30038
There are no speakers.
The hearing is closed.
Upon Motion made by Councilor Doyle, seconded by Councilor Kinder, the Motion of June 9, 1993, to deny the renewal of the following AUTO REPAIR SHOP LICENSE is upheld on a unanimous voice vote:
AUTO REPAIR SHOP LICENSE
Felix Vicente d/b/a Candy’s Auto Body & Repair, 519 Broadway, LIC#30038
THE CHAIR RECOGNIZES COUNCILOR KINDER.
With majority consent of the Council, Councilor Kinder introduces the following:
Upon Motion made by Councilor Kinder, seconded by Councilor Moran, the following Police reports are Read and Ordered Filed.
Police reports regarding Felix Vicente d/b/a Candy’s Auto Body and Repair, 519 Broadway, Pawtucket, RI.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Robert F. Smith d/b/a Uptown Auto, 50 Dunnell Lane, Tax Assessor’s Plat 34, Lot 195, 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 Robert F. Smith, 118 County Road, Barrington, RI.
Mr. Smith states that he started working there in 1988 and has run the place for the past two years. He states that he has not had a license, which he did not realize until the police informed him that he was operating without one.
He states that he has a zoning compliance certificate.
He would like the City’s help in having a sign installed with the names of all businesses in the complex.
There are no other speakers.
The hearing is closed.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Calista, the following application for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE is GRANTED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Robert F. Smith d/b/a Uptown Auto, 50 Dunnell Lane, Tax Assessor’s Plat 34, Lot 195, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repairing same. LIC#30139 & #40122
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 send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, requesting that he contact Robert F. Smith. Mr. Smith has a business in the Industrial Complex on Dunnell Lane and is interested in having a sign put up listing all the businesses in the Park. The Council would like him to provide any assistance that the city can to Mr. Smith in this endeavor.
If this matter would fall more under the purview of the Pawtucket Redevelopment Agency than the City Planning Department, please forward the information to Kevin Shea.
THE FOLLOWING PETITIONS WERE LAID ON THE TABLE AT THE MEETING HELD JUNE 23, 1993, AND ARE AGAIN TAKEN UP:
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Joseph A. Refino & Garrett P. Hotte d/b/a Apex Truck & Trailer Repair, 29 Dunnell Lane, Unit B, Tax Assessor’s Plat 34, Lot 211.
Speaking in favor is Joseph Refino, 126 Smithfield Avenue, Pawtucket, RI.
Mr. Refino states that he wishes to open a truck and trailer repair business. He has 23 years experience in the business.
He states that there are 6000 square feet of space inside the building and 12,000 square feet of space in a fenced in area outside the building.
He states that there is no one else working and trucks and trailers at the location now, however, there have been others over the last 20 years.
He expects that there will be 4 to 5 trucks per day coming into his shop.
There are no other speakers.
The hearing is closed.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Calista, the following Petitions for AUTO REPAIR SHOP LICENSE and SECOND HAND SHOP LICENSE are GRANTED on a unanimous voice vote:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Joseph A. Refino & Garrett P. Hotte d/b/a Apex Truck & Trailer Repair, 29 Dunnell Lane, Unit B, Tax Assessor’s Plat 34, Lot 211, LIC#30138 & 40122
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
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
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
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
THE FOLLOWING ORDINANCES WERE LAID ON THE TABLE AT THE MEETING HELD JUNE 22, 1993, AND ARE AGAIN TAKEN UP AND ARE LAID ON THE TABLE AND REFERRED TO FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
CAPITAL BUDGET ORDINANCE 1993-1994
CAPITAL PROGRAM ORDINANCE 1994-1998
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
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
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 and Vieira.
Noes – Councilors Moran and Rabbitt.
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
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 LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS) NEW
Benefit Street Pub Inc., 433 1/2 Benefit Street, LIC#296
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS)
Leader Restaurant Corporation d/b/a Hong Kong Islander (transfer from C & Z Corporation d/b/a Golden China Restaurant) 270 Dexter Street, LIC#295
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 Acting Chief Richard J. Renzi, Pawtucket Fire Department, regarding the placement of fire hydrants in the city. Councilor Vieira is concerned because he was informed that a fire occurred on Whitford Street which the Fire Department had difficulty fighting because there is no hydrant located on that street. The Council would like to know what the regulations are as to the placement of hydrants. They would like to know if it is permissible for streets not to have any hydrants on them and specifically why there is not one on Whitford Street.
THE FOLLOWING PETITION IS TAKEN UP:
ENTERTAINMENT
Petition of Church Action Team (part of community partnership for Substance Abuse Prevention) for license to conduct concert at Veterans Memorial Park Theatre (Roosevelt Avenue and Exchange Street) on Sundays, July 18, 25, August 1, 1993, from 7:00 pm - 9:00 pm LIC#867M
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
Upon Motion made by Councilor Clement, seconded by Councilor Vieira, the following petition is GRANTED for the August 1, 1993, date only on a unanimous voice vote:
ENTERTAINMENT
Petition of Church Action Team (part of community partnership for Substance Abuse Prevention) for license to conduct concert at Veterans Memorial Park Theatre (Roosevelt Avenue and Exchange Street) on Sunday, August 1, 1993, from 7:00 pm – 9:00 pm LIC#867M
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
Petition of Providence County Kennel Club Inc., for license to conduct Annual Sanction Dog Match at McCoy Stadium Annex, on Monday, September 6, 1993, from 8:30 am – 4:00 pm LIC#808M
PRIVATE DETECTIVE (RENEWAL)
Neil J. McGrath III, 542 Central Avenue, LIC#90138
Jeremy R. Mentillo, 518 Armistice Boulevard, LIC#145
George T. Parsons, Sr., 737 Broadway, LIC#90071
SUNDAY SALES (SECOND CLASS)
Daniel A. Dulude d/b/a Darlington Hobbies & Model Car Shop (transfer from Deborah L. Dulde d/b/a Darlington Hobbies & Model Car Shop) 506 Armistice Boulevard, LIC#20194
VICTUALLING HOUSE (FIRST CLASS) NEW
Bowen Investment Inc., d/b/a Honey Dew Donuts, 1515 Newport Avenue, LIC#298
*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:
Neil J. McGrath III, surety – Western Surety Company.
Jeremy Mentillo, surety – The Aetna Casualty & Surety Company.
George T. Parsons, Sr., surety – The Aetna Casualty & Surety Compar.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
George Chrones – $275.59/258.59
Helmut Kerkmann – $40.00
Edwin Mercer by Tammy Mercer – No amount specified
Carlos Rocha – $2,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes – President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes – 0
Claim of Lise C. Thibault, in the amount of $50.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT:
Claim of Diana O’Malley, in no amount specified.
Claim of Eastern Utilities Blackstone Valley Electric, in the amount of $1,492.06.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT WATER SUPPLY BOARD:
Claim of Anna Zito, in the amount of $187.64
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT PAWTUCKET SCHOOL DEPARTMENT:
Claim of Justin Bowden/Pamela A. Bowden, in the amount of $100,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED:
Claim of Carole Bessette, in the amount of $230.61
Claim of Patricia A. Finnerty, in no amount specified.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following communication:
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following communication is Read and Ordered Filed.
Communication from Christopher E. Fay, Assistant City Solicitor, to Richard J. Goldstein, City Clerk. (El-Nido)
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following communication:
Communication from Frank Cooper, to Council President John J. Barry, III. (Regarding the request for consideration to pass two ordinances)
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following communication is Read and Ordered Filed and Referred to the Ordinance Committee.
Communication from Frank Cooper, to Council President John J. Barry, III. (Regarding the request for consideration to pass two ordinances)
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 Frank Cooper, to inform him that his request has been referred to the ordinance committee.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at ten eighteen o’clock p.m.