October 20, 1993 - Regular City Council Session

City Council, October 20, 1993

A regular session of the City Council is held Wednesday, October 20, 1993, at eight o’clock p.m. All the members are present except Councilors Kinder and Rabbitt and President Barry presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS AND TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

ORDINANCE AMENDING SECTION 31–72 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "FEES FOR APPEALS, SPECIAL EXCEPTIONS AND VARIANCES." ($50.00 Tabling fee)

COUNCILOR RABBITT ARRIVES AT 8:13 PM.

COUNCILOR KINDER ARRIVES AT 8:44 PM.

THE COUNCIL RECONVENES AT 8:47 PM.

The reading of the records of October 6, 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:

610      A.        Communication from William T. Noonan, Director of Public Safety, to Members of the Pawtucket City Council. (Gun Amnesty Program)

614      B.         Communication from Ferdinand C. Ihenacho, P.E., Director of Public Works, to Pawtucket City Council. (Darlington Sewerage/Drainage Improvement Plan - Facilities Plan Update)

028      C.        Communication from Ronald Leitao, Highway Superintendent, to Richard J. Goldstein, City Clerk. (1993 Paving Schedule)

2          **D.    Communication from Richard J. Renzi, Acting Chief, Pawtucket Fire Department, to Members of the Pawtucket City Council. (Hydrant Whitford St. Area)

2          G.        Communication from Richard J. Renzi, Acting Chief, Pawtucket Fire Department, to Members of the Pawtucket City Council. (Hydrant on Power Road and Whitford Street)

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

028      E.         Communication from Joann E. Flaminio, Executive Director, Employee’s Retirement System, to Richard J. Goldstein, City Clerk. (Employees Retirement Plan) 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 the State Ethics Commission, forwarding the letter from the Retirement Board and informing them that the Council must act on the change to the pension prior to January 1, 1994. Therefore, if there is no response to the inquiry from the Council on this matter, they will assume there is no conflict and will act on the change at the last meeting in December, 1993.

628      F.         Communication from James A. Salazar, Publisher, Nuevos Horizontes, to Mayor Robert E. Metivier. (Appointment to Ad Hoc Committee on Affirmative Action) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

With majority consent of the Council, Councilor Bray introduces the following resumes for the Ad Hoc Committee on Affirmative Action:

628      Resumes from Alido A. Baldera, 384 Lonsdale Avenue, Pawtucket, RI, and Teresa Condon, 425 Bryant Street, Cumberland, RI.

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

Resumes from Alido A. Baldera, 384 Lonsdale Avenue, Pawtucket, RI, and Teresa Condon, 425 Bryant Street, Cumberland, RI.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

Upon Motion made by Councilor Bray, seconded by Councilor Clement, the following person is named to the Ad Hoc Committee on Affirmative Action on a unanimous voice vote:

628      Mr. Alido A. Baldera, 384 Lonsdale Avenue, Pawtucket, RI.

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

Upon Motion made by Councilor Clement, seconded by Councilor Calista, the following person is named to the Ad Hoc Committee on Affirmative Action on a unanimous voice vote:

628      Mr. David Azevedo, 44 Oneida Street, Pawtucket, RI.

Upon Motion made by Councilor Clement, seconded by Councilor Calista, the following person is named as the Alternate to the Ad Hoc Committee on Affirmative Action on a unanimous voice vote:

Ms. Mercedes Gomes Torres, 209 Garden Street, Pawtucket, RI.

590      Communication from Mayor Robert E. Metivier, to Members of the Pawtucket City Council. (Tax Abatement/Greenhalgh Mills) is Read and Ordered Filed and Referred to the Finance Committee.

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

Harvey Bertrand, 39 Jutrus Street. (To full unexpired term of James B. Sheehan) Term expires the first Monday of August, 1995 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

PARKS COMMISSION

Harvey Bertrand, 39 Jutrus Street. (To fill unexpired term of James B. Sheehan) Term expires the first Monday of August, 1995.

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

Alfred E. Vanasse, 100 Samuel Avenue. Term expires the first Monday in August, 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

PARKS COMMISSION

Alfred E. Vanasse, 100 Samuel Avenue. Term expires the first Monday in August, 1996.

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 when he makes further appointments to the various Boards or Commissions in the City, he tries to diversify the membership to more closely reflect the makeup of the population of the City.

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 Ordinance Committee is requested to review the Ordinance creating the Parks Commission to determine if at least one member of the Commission should have special skills or knowledge regarding the use of Historical land and buildings.

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

330      CH 2323 ORDINANCE AMENDING SECTION 31-72 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "FEES FOR APPEALS, SPECIAL EXCEPTIONS AND VARIANCES." ($50.00 Tabling fee)

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

330      CH 2324 ORDINANCE AUTHORIZING MICHAEL A. MONTI TO TIE INTO THE PAWTUCKET SEWER SYSTEM ON BUCHANAN STREET.

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR DECEMBER 8, 1993.

ORDINANCE RELATING TO JUVENILE CURFEW ORDINANCE FOR MINORS, REGULATING USE OF STREETS DURING NOCTURNAL HOURS AND PROVIDING FOR RELATED MATTERS SUCH AS PERMITS, REGULATIONS AND OTHER EXCEPTIONS, PARENTAL RESPONSIBILITIES, POLICE PROCEDURES, PENALTIES, CONSTRUCTION, AND CONTINUING EVALUATION AS WELL AS IMPLEMENTATION THROUGH VOLUNTARY RESEARCH AND LOCAL ACTION FOR THE PREVENTION OF JUVENILE DELINQUENCY.

COUNCIL PRESIDENT BARRY LEAVES THE COUNCIL CHAMBER AT 9:41 PM.

PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.

THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:

ORDINANCE ENTITLED "JUVENILE HEARING BOARD."

Section 3 shall read as follows:

Section 3. Membership.

(a) The Membership of the Pawtucket Juvenile Hearing Board (the Board) shall consist of seven (7) electors of the city of Pawtucket over the age of eighteen (18) years. There shall be one Member from each Councilmanic District, with one Member at Large. The Members shall represent a cross-section of the City, with at least one Member being under age 25 at the time of appointment."

Upon Motion made by Councilor Clement, seconded by Councilor Bray, the AMENDMENT to the Ordinance Entitled "ORDINANCE ENTITLED ‘JUVENILE HEARING BOARD," is passed on a roll call vote, as follows:

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

Noes - 0

Section 3 shall read as follows:

Section 3. Membership.

(a) The Membership of the Pawtucket Juvenile Hearing Board (the Board) shall consist of seven (7) electors of the city of Pawtucket over the age of eighteen (18) years. There shall be one Member from each Councilmanic District, with one Member at Large. The Members shall represent a cross-section of the City, with at least one Member being under age 25 at the time of appointment."

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, Moran and Rabbitt.

Noes - 0

ORDINANCE ENTITLED "JUVENILE HEARING BOARD." AS AMENDED

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

Upon Motion made by Councilor Vieira, seconded by Councilor Bray, the minutes of the executive session held with Mr. Scott Partington pursuant to R. I. G. L. Section 42-46-5(2) regarding pending litigation are sealed on a unanimous voice vote:

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 Roland Mousally, Executive Director, Pawtucket Housing Authority, requesting that he attend a pre-council meeting of the Pawtucket City Council. The purpose of this meeting is to discuss the problem with roaches at the Kennedy Housing Complex. The Council is anxious to know what he has been doing to correct this problem; and what he intends to do in the future.

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 Michael J. Woika, P.E., Chief Engineer, Water Supply Board, requesting an update on the Colfax Situation.

The Council would like to know if they have tied into the Pawtucket Water System yet or are they still using Providence water.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

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

The Clerk is instructed to send a communication to Michael D. Cassidy, Planning and Redevelopment, and Kevin Shea, Pawtucket Redevelopment Agency, to ask if there is money available to begin a 50/50 driveway program.

The reason for this request is because of the new Weather Emergency Ordinance. Many residents of the City are willing to put in driveways in order to get their cars off the streets during weather emergencies. However, they are looking for help from the City in paying for these driveways.

COUNCIL PRESIDENT BARRY RETURNS AND PRESIDES AT 9:50 PM.

THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:

ORDINANCE ENTITLED "AMATEUR AND CITIZENS BAND RADIO OPERATORS."

Delete Section 3 - Registration of Operators.

Delete from the first sentence in Section 4 "by failing to register or."

Upon Motion made by Councilor Bray, seconded by Councilor Vieira, the AMENDMENT to the Ordinance Entitled "ORDINANCE ENTITLED ‘AMATEUR AND CITIZENS BAND RADIO OPERATORS,’" is passed on a roll call vote, as follows:

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

Noes - 0

Abstain - Councilor Clement.

Delete Section 3 - Registration of Operators.

Delete from the first sentence in Section 4 "by failing to register or."

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

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

Noes - Councilor Clement.

ORDINANCE ENTITLED "AMATEUR AND CITIZENS BAND RADIO OPERATORS."

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 AMENDING CHAPTER 1499 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ALSO KNOWN AS SECTION 22-10 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "INTOXICATING BEVERAGES."

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 IN AMENDMENT OF CHAPTER 2316 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Superintendent of Parks and Recreation/Supervisor of Parks and Recreation)

THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:

ORDINANCE IN AMENDMENT OF CHAPTER 2316 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Equipment Operator II - Recycling)

CHANGE Pay Grade 2 TO Pay Grande R36

Upon Motion made by Councilor Vieira, seconded by Councilor Clement, the AMENDMENT to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2316 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Equipment Operator II - Recycling) is passed on a roll call vote, as follows:

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

Noes - 0

CHANGE Pay Grade 2 TO Pay Grande R36

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 IN AMENDMENT OF CHAPTER 2316 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Equipment Operator II - Recycling) AS AMENDED

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

ORDINANCE AMENDING CHAPTER 1878 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE REGULATING THE CONTROL OF DOGS AND OTHER ANIMALS AND REPEALING CHAPTER 1162 OF THE ORDINANCES OF THE CITY OF PAWTUCKET IN ITS ENTIRETY".

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

With majority consent of the Council, Councilor Clement introduces the following communication:

590      Communication from Mayor Robert E. Metivier, to Pawtucket City Council. (Conversion of Street Lighting)

Upon Motion made by Councilor Clement, seconded by Councilor Kinder, the following Communication is Read and Ordered Filed and Referred to William Gucfa for his comments.

Communication from Mayor Robert E. Metivier, to Pawtucket City Council. (Conversion of Street Lighting)

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

With majority consent of the Council, Councilor Calista introduces the following communication:

Communication from Donna Camara, to Mayor Robert E. Metivier. (Serving on the Juvenile Hearing Board)

028      Upon Motion made by Councilor Calista, seconded by Councilor Moran, the following communication is Read and Ordered Filed.

Communication from Donna Camara, to Mayor Robert E. Metivier. (Serving on the Juvenile Hearing Board)

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

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

The Clerk is instructed to send a communication to Mayor Robert E. Metivier, to forward the letter from Ms. Camara, who is interested in serving on the Juvenile Hearing Board.

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

ENTERTAINMENT

Petition of Pawtucket Arts Council for license to conduct Comedy Show/Dinner/Dance in Peerless Bldg., 175 Main Street, on Saturday, October 23, 1993, from 8:00 pm - 1:00 am., LIC#860

PAWN SHOP (RENEWAL)

H & B Associates d/b/a Pawtucket Pawn Brokers, 69 Exchange Street, LIC#880

SUNDAY SALES (FIRST CLASS LIMITED) NEW

Esteban Garcia d/b/a Cottage Street Variety Store, 170 Cottage Street, LIC#20201

PRIVATE DETECTIVE (NEW)

Edward M. Ameen, 530 Broadway, LIC#149

*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:

Edward M. Ameen, surety - Western Surety Company.

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

Bay State Propane - $4,460.03

THE CHAIR RECOGNIZES COUNCILOR BRAY.

With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilor Kinder, 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 forward to the Council, by the next meeting on November 10, 1993, the listing of all parking areas which are available to the residents during weather emergencies.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

With majority consent of the Council, Councilor Vieira introduces the following communication:

611      Communication from Jack Rahill, Director of Finance, to Members of the City Council. (School Department 94 Budget)

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following Communication is Read and Ordered Filed and Referred to the Finance Committee.

Communication from Jack Rahill, Director of Finance, to Members of the City Council. (School Department 94 Budget)

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine fifty-four o’clock pm.

October 20, 1993 - Regular City Council Session
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