City Council, September 8, 1993
A regular session of the City Council is held Wednesday, September 8, 1993, at eight seven o’clock p.m. All the members are present except Councilor Doyle and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE PRE-COUNCIL SESSION.
COUNCILOR DOYLE ARRIVES AT 8:31 PM.
THE COUNCIL RECONVENES AT 8:35 PM.
The reading of the records of August 25, 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:
I. Communication from Martin E. Joyce, Jr., Personnel Director, to Members of the Pawtucket City Council. (Resolution on COLA)
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
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 set a Formal Hearing for Garcia’s Auto Sales, 192 Pine Street, Pawtucket, RI, on Wednesday September 22, 1993, at 8:00 pm., regarding violations of their Auto Repair Shop and Second Hand Shop Licenses.
THE FOLLOWING MATTER WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 25, 1993, AND IS AGAIN TAKEN UP AND IS RATIFIED ON A UNANIMOUS VOICE VOTE:
The Contract between the City of Pawtucket and I.A.F.F. Local 1261.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Sara Quinn, Executive Director, Rhode Island Ethics Commission, and to Joann Flaminio, Executive Director, Rhode Island Retirement Board to get an opinion as to whether there is any conflict for the Council voting on a resolution to change the pension system for the municipal employees, considering that they are members of that System.
The Council was informed that by state law, no change can be made to the pension system for a municipality without a resolution of the Council. They are concerned about any potential conflict in voting for this change considering that they may be recipients of that added benefit in the future.
THE FOLLOWING MATTERS ARE LAID ON THE TABLE UNTIL A RESPONSE IS RECEIVED FROM THE ETHICS COMMISSION AND/OR THE RETIREMENT BOARD ON A UNANIMOUS VOICE VOTE:
Ratification of the Contract Between the City of Pawtucket and AFSCME Council 94, Local 1012.
RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ENROLL ALL PERSONS WITHIN THE RETIREMENT SYSTEM OF THE CITY OF PAWTUCKET WITH A BENEFIT OF A C.O.L.A., PROVISION "C," AND AT AN INCREASED EMPLOYEE PREMIUM OF 7% OF GROSS SALARY PER YEAR.
THE FOLLOWING PETITION IS STRICKEN FROM THE DOCKET AT THE REQUEST OF THE APPLICANT.
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 Moran, the following communication is Read and Ordered Filed and Referred to the Finance Committee.
Communication from Mayor Robert E. Metivier, to Pawtucket City Council. (Tax Treaty)
THE FOLLOWING PETITIONS WERE LAID ON THE TABLE AT THE MEETING HELD AUGUST 25, 1993, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE
Cesar’s Car Palace Inc., (100% change of stockholders) 519 Pawtucket Avenue, LIC#30144 & LIC#40127
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following entitled Ordinance:
Upon Motion made by Councilor Moran, seconded by Councilor Vieira, the following entitled ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from John T. Gannon, City Solicitor, to Councilor David Moran. (Ordinance - Radio Transmissions and Antennas)
Upon Motion made by Councilor Moran, seconded by Councilor Vieira, the following communication is Read and Ordered Filed and Referred to the Ordinance Committee.
Communication from John T. Gannon, City Solicitor, to Councilor David Moran. (Ordinance - Radio Transmissions and Antennas)
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following entitled Ordinance:
ORDINANCE ENTITLED "AMATEUR AND CITIZENS BAND RADIO OPERATORS"
Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the following entitled ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
ORDINANCE ENTITLED "AMATEUR AND CITIZENS BAND RADIO OPERATORS"
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following communication:
Communication from Christopher E. Fay, Assistant City Solicitor, to Pawtucket City Council Ordinance Committee. (Juvenile Curfew Ordinance)
Upon Motion made by Councilor Calista, seconded by Councilor Kinder, the following communication is Read and Ordered Filed and Referred to the Ordinance Committee:
Communication from Christopher E. Fay, Assistant City Solicitor, to Pawtucket City Council Ordinance Committee. (Juvenile Curfew Ordinance)
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following entitled Ordinance:
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.
Upon Motion made by Councilor Calista, seconded by Councilor Kinder, the following entitled Ordinance is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
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.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following entitled Ordinance:
ORDINANCE ENTITLED "JUVENILE HEARING BOARD".
Upon Motion made by Councilor Calista, seconded by Councilor Kinder, the following entitled Ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
ORDINANCE ENTITLED "JUVENILE HEARING BOARD".
THE COUNCIL RECESSES AT 8:57 PM TO CONDUCT A FORMAL HEARING ON THE FOLLOWING:
FORMAL HEARING
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE
Richard Hartshorn d/b/a K C Auto Sales, 263 Dexter Street, LIC#30031 & #40014
AND THEN TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT 9:23 PM.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Upon Motion made by Councilor Vieira, seconded by Councilor Clement, the Auto Repair Shop License and Second Hand Shop License of Richard Hartshorn d/b/a K C Auto Sales, 263 Dexter Street, are REVOKED on a unanimous voice vote for the following reason:
1. Establishment not being run in compliance with the Ordinances of the City of Pawtucket.
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS) NEW
Capt. Elwood J. Euart V. F. W. Post #602, 55 Overland Avenue, LIC#301
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
PIGEON LOFT (RENEWAL)
James Luiz, 163 Division Street, LIC#D0003
PINBALL AND AMUSEMENT DEVICES (RENEWAL)
J.A.R. Beverage Inc., d/b/a Murray’s Pub, 1091 Main Street, (2) LIC#70020
PUBLIC LAUNDRY (NEW)
Carl Sahady d/b/a Diamond Cleaners, Inc., 683 Beverage Hill Avenue, LIC#A0039
PUBLIC LAUNDRY (RENEWAL)
Huda Zih d/b/a Jacquelin Tailoring and Dry Cleaning, 459 Central Avenue, LIC#A0038
SUNDAY SALES (FIRST CLASS) RENEWAL
Danglares Lopes, 745 England Street, Cumberland, RI, (Sales of Grapes from Truck) LIC#20197
VICTUALLING HOUSE (SECOND CLASS) NEW
Aaron Matoian d/b/a The Sandwich Shack (previously Cathy Choquette d/b/a The Sandwich Shack) 272 Main Street, LIC#302
YEARLY BINGO GAMES (NEW)
Pawtucket Babe Ruth League, 67 Garrity Street, Saturdays, 6:30 pm - 11:00 pm LIC#C0010
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Christopher Cote - $4,000.00
Geraldine I. Fontaine - 130.00
Jorge Vasquez - $100,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE 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 Laurie Carroll, in the amount of $1,058.25
Claim of Patricia A. Finnerty, in the amount of $76.61
Claim of Heather Silvia, in the amount of $20.00
($40 for towing fee denied)
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE RECOMMENDED TO BE REFERRED TO THE LEGAL DEPARTMENT:
Claim of Raymond Costa, by Attorney John H. Ruginski, Jr., in the amount of $50,000.00
Claim of Frank Haworth, by Attorney Thomas R. DeSimone, Esq., in no amount specified.
Claim of Denise Jaiman, in the amount of $2,214.90
Claim of Beatrice Johnson, in the amount of $253.14/311.80
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS RECOMMENDED TO BE REFERRED TO THE WATER SUPPLY BOARD:
Claim of Pamela Lopez, in the amount of $100,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS RECOMMENDED TO BE DENIED:
Claim of Continental Loss Adjusting Service Inc., David Silverman d/b/a Ocean State Textile, in the amount of $720.16
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by the entire City Council, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Leda Michaud, to express the Council’s deepest sympathies and condolences at the loss of her husband.
The Council stated that in all of their years of experience, they have met very few people who have shown the same zeal and passion in fulfilling their civic duty as Bob did. They deeply appreciated his commitment to Pawtucket and his concern with the issues facing our City.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by entire City Council, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, to convey the Council’s wishes to Mr. Cassidy for a speedy recovery from his illness.
The Council was very saddened and dismayed by the news, and is looking forward to his return to the City in the near future.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilors Clement and Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Ferdinand A. Ihenacho, Director of Public Works, regarding new public works vehicles.
Councilor Vieira states that he has noticed several new vehicles on the road and wishes to know how they were purchased, considering that all money for capital expenditures was removed from the Fiscal Year 1994 Budget.
The Council wants to know if they were bought through a lease/purchase agreement; and if so, shouldn’t the Council have approved this; and if not, why not.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine thirty-three o’clock p.m.