City Council, September 22, 1993
A regular session of the City Council is held Wednesday, September 22, 1993, at eight seventeen o’clock p.m. All the members are present and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS AND TO HOLD A FORMAL HEARING ON THE FOLLOWING:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE
Garcia’s Auto Sales Inc., 192 Pine Street, LIC#30049 & #40044
THE COUNCIL RECONVENES AT 8:38 PM.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the Formal Hearing on the following Auto Repair Shop License and Second Hand Shop License is LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE
Garcia’s Auto Sales Inc., 192 Pine Street, LIC#30049 & #40044
The reading of the records of September 8, 1993, is 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 CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilors Kinder and Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Ferdinand A. Ihenacho, P.E., Director of Public Works, requesting that he publish in all papers, including foreign language papers, the notice for the "Parking Ban Ordinance" which takes effect this year.
Also, the Chief of Police noted several parking areas where people can park their cars during this ban. The Council would like Mr. Ihenacho to publish this list of available parking areas in the ad and to send copies to each member of the Council, so that they can notify their constituents if they are called.
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 William T. Noonan, Administrative Assistant, and Ferdinand C. Ihenacho, P. E, Director of Public Works, regarding the proposed cul-de-sac on Grotto Avenue.
Councilor Vieira would like to see this cul-de-sac built regardless of what happens with the proposed transfer station. Councilor Vieira would like both Mr. Noonan’s and Mr. Ihenacho’s opinion on this matter.
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 Rabbitt, 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
RESOLUTION IN SUPPORT OF MANDATORY ETHICS EDUCATION.
Submitted by: Councilor Brenda Clement, on behalf of the Pawtucket Ethics Commission
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement submits the following re-appointment as a Member of the Ethics Commission for approval.
Jonathan Mitchell, 242 Walcott Street. Term expires on first Monday in July, 1996.
The following nomination for re-appointment is approved and referred to the Mayor for confirmation on a unanimous voice vote:
Jonathan Mitchell, 242 Walcott Street. Term expires on first Monday in July, 1996.
HE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
Change Class B (Victualer) from 60 to 61
Change Class C from 4 to 3
Upon Motion made by Councilor Kinder, seconded by Councilor Vieira, the AMENDMENT to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2263 ESTABLISHING A MAXIMUM NUMBER OF LIQUOR LICENSES WITHIN THE CITY OF PAWTUCKET" 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 Class B (Victualer) from 60 to 61
Change Class C from 4 to 3
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
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Upon Motion made by Councilor Bray, seconded by Councilor Clement, the following communication is Read and Ordered Filed and Referred to the Mayor for consideration.
Communication from Daniel G. DaSilveira, to Mayor Robert E. Metivier. (Membership on the Board of Appeals)
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle, Chairman of the Finance Committee, reports the Committee’s approval of and introduces the following resolution:
Mr. William Lynch, Attorney for Mr. Yip, discusses the resolution with the Council.
Upon Motion made by Councilor Doyle, seconded by Councilors Clement and Vieira, the following resolution is read and passed on a roll call vote as follows with the following AMENDMENT:
The first phase will continue until no later than December 15, 1993, at which time Mr. Yip may petition the Council for continuation of this part of the treaty.
Ayes – President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
RESOLUTION IN SUPPORT OF THE TAX TREATY WITH MR. LOUIS YIP FOR THE BUILDING TO BE USED AS THE NEW REGISTRY OF MOTOR VEHICLES ON MAIN STREET IN PAWTUCKET.
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
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ADD :
Section 2. EXCEPTIONS
Private Organizations which have lease arrangements with the City, either now or in the future, which allow for the sale or serving of alcoholic beverages shall be excluded from this Ordinance.
Upon Motion made by Councilor Doyle, seconded by Councilor Vieira, the AMENDMENT to the Ordinance Entitled "ORDINANCE AMENDING CHAPTER 1738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ALSO KNOWN AS SECTION 21-2.1 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "ALCOHOLIC BEVERAGES - CONSUMPTION ON STREETS OR SIDEWALKS OR WITHIN PUBLIC PARKS", is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran and Vieira.
Noes - Councilor Rabbitt.
ADD:
Section 2. EXCEPTIONS
Private Organizations which have lease arrangements with the City, either now or in the future, which allow for the sale or serving of alcoholic beverages shall be excluded from this Ordinance.
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 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 Mayor Robert E. Metivier, to ask that he appoint a committee to review and implement a "Gun Amnesty Program." Councilor Rabbitt states that he is willing to Chair this Committee.
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, Moran and Vieira.
Noes - Councilor Kinder.
Abstains - Councilor Rabbitt.
ORDINANCE AMENDING SECTION 31 – 72 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "FEES FOR APPEALS, SPECIAL EXCEPTIONS AND VARIANCES." ($50 Tabling fee)
ADVERTISE FOR PUBLIC HEARING TO BE HELD OCTOBER 20, 1993.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following communication:
Communication from Richard J. Goldstein, City Clerk, to Members of the Public Works Committee and Council President John J. Barry, III. (Request for Sewer Tie-in on Buchanan Street)
Upon Motion made by Councilor Doyle, seconded by Councilor Rabbitt, the following Communication is Read and Ordered Filed and Referred to the Public Works Committee on a unanimous voice vote:
Communication from Richard J. Goldstein, City Clerk, to Members of the Public works Committee and Council President John J. Barry, III. (Request for Sewer Tie–In on Buchanan Street)
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following entitled Ordinance:
ORDINANCE AUTHORIZING MICHAEL MONTI TO TIE INTO THE PAWTUCKET SEWER SYSTEM AT BUCHANAN STREET.
Upon Motion made by Councilor Doyle, seconded by Councilor Rabbitt, the following Ordinance is Laid on the Table and Referred to the Public Works Committee on a unanimous voice vote:
ORDINANCE AUTHORIZING MICHAEL MONTI TO TIE INTO THE PAWTUCKET SEWER SYSTEM AT BUCHANAN STREET.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
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)
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, Councilor Calista introduces the following entitled ordinance:
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)
Upon Motion made by Councilor Calista, seconded by Councilor Rabbitt, the following entitled Ordinance is Laid on the Table and Referred to the Ordinance Committee.
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 FOLLOWING PETITIONS WERE LAID ON THE TABLE AT THE MEETING HELD AUGUST 25, 1993, AND SEPTEMBER 8, 1993, AND ARE AGAIN TAKEN UP AND ARE GRANTED 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 FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
Eagle Express Chinese Restaurant Inc d/b/a Eagle Express Chinese Restaurant (transfer from Voutena Inc d/b/a Bootlegger’s Saloon) 852-856 Newport Avenue, LIC#303
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
SUNDAY SALES (FIRST CLASS)
Teddy Maghuyop & Mary R Fitzgerald d/b/a Teddy’s Real Italian Ice & Variety Store (formerly Mohammad S Sheikh d/b/a Sunny Fruits & Vegetables) 113 Power Road, LIC#20199
Evaristo Medina d/b/a Antillas Market #3, (previously Juliette Soulage d/b/a Main Street Grocery Market) 830 Main Street, LIC#20198
SUNDAY SALES (SECOND CLASS) NEW
Isabel Vargas d/b/a Isabel’s Avon & Gift Boutique, 565 Central Avenue, LIC#20200
VICTUALLING HOUSE (FIRST CLASS) NEW
Teddy Maghuyop & Mary R Fitzgerald d/b/a Teddy’s Real Italian Ice & Variety Store, 113 Power Road, LIC#304
THE FOLLOWING LICENSE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
The Alumni Association of Recovering Alcoholics, for license to conduct Dance at Dunnell Lane East Hall, on Saturday, October 30, 1993, from 10:00 pm - 12:00 noon Oct 31, 1993. LIC#M885
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Esek Calcagni - $920.00
Roger L. Foley - $1,500/$1,800
Kathleen McParlin - $100,000.00
Joan Palmer - $19,466.00
PRESIDENT BARRY SUBMITS TO THE CITY COUNCIL FOR THE RECORD, THE CREATION OF THE FOLLOWING COMMITTEE WITH THE FOLLOWING APPOINTMENTS:
AD–HOC COMMITTEE ON AFFIRMATIVE ACTION
Domingo Monteiro
Barbara Butler
Councilor David P. Moran
and two other members.
The Clerk is instructed to place a Press Release in all local papers, including foreign language papers to request volunteers to serve on the Committee.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Daniel W. Varin, Secretary, State Planning Council, Rhode Island Department of Administration, to notify him that the Council strongly favors the construction of the Moshassuck Valley Industrial Highway in Pawtucket. They believe that this highway would be a great benefit to both the City of Pawtucket and the State of Rhode Island.
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 roll call vote as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran and Vieira.
Noes - Councilor Rabbitt
The Clerk is instructed to send a communication to Mayor Robert E. Metivier, regarding his thoughts on reconsidering the $18,000 for the Children’s Museum, which was approved in the Resolution of support for the CDBG Application.
The Council would like to know what the money would be used for if he decides not to reconsider his decision on this matter.
The Council is also concerned about whether or not, procedurally, this money can be withheld after it has been approved.
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 Michael D. Cassidy, Director of Planning and Redevelopment, regarding the $18,000 CDBG Grant for the Children’s Museum.
First, Councilor Clement reported that the Mayor decided not to appropriate the money to the Museum, and Councilor Clement wants to know if, procedurally, this can be done after the Application has been approved; and if so, how it can be done.
Second, Councilor Rabbitt would like to see a copy of the Museum’s application for this Grant, because he is interested in knowing how they intend to spend the money should they receive it.
Upon Motion made by Councilor Calista, seconded by Councilor Kinder, the meeting is adjourned at ten thirty-five o’clock p.m.