August 10, 1994 - Regular City Council Session

City Council, August 10, 1994

A regular session of the City Council is held Wednesday, August 10, 1994, at eight o’clock p.m. All the members are present except Councilors Demopulos and Rabbitt; President Barry presides.

The reading of the Records of July 20, 1994, is dispensed with and the Records are approved as prepared by the Clerk.

THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS.

THE COUNCIL RECONVENES AT 8:03 O’CLOCK PM.

With majority consent of the Council, 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:

028      A.        Communication from Jack Reed, Member of Congress to Richard J. Goldstein, Clerk. (Receipt of letter to Anthony Britto, Director of Public Housing Division for the U. S. Department of Housing and Urban Development.)

623      **B.     Communication from Martin E. Joyce, Jr., Personnel Director to The Honorable Members of the City Council. (Water Supply Board Personnel upgrades)

126      C.        Communication from Stephen Durand, Chairman, Pawtucket Parks Commission to The Honorable City Council. (Friendship Garden’s Project)

624      E.         Communication from Joseph Roque, Purchasing Agent to Honorable City Council. (Emergency Purchase Authorizations/July 1 through July 31, 1994)

590      F.         Communication from His Honor Mayor Robert E. Metivier to The Honorable John J. Barry, III. (Zoning Board of Appeals)

613      G.        Communication from John T. Gannon, City Solicitor to the Honorable Councilor William Vieira. (Water Supply Board Lease Agreement)

028      I.          Resolution submitted by Mark R. Powers, Barrington Town Council. (State Aid for Education legislation)

126      L.         Communication from Bill Mulholland, Director of Parks & Recreation, to Pawtucket City Council. (Maintenance Plan for Slater Park/McCoy Annex Fencing)

028      M.        Communication from Marianne B. Mulholland, Town Clerk, Cumberland, to the Honorable City Council. (Proposed change in Zoning Ordinance)

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

028      D.        Communication from Senior Citizen Advisory Council to Pawtucket City Council, (Winter Parking Ban) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

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

The Clerk is instructed to invite the Members of the Senior Citizens Advisory Council to a meeting of the Snow Removal Committee to be held on Wednesday, September 7, 1994, to discuss their concerns regarding the "parking ban" ordinance.

028 +

26        H.        Memorandum from John Torgan, Bay Biology Specialist, Save the Bay to Pawtucket City Council, (Slater Park Pond) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

The Clerk is instructed to schedule a meeting of the Environmental Control Committee prior to the next regular City Council meeting. The Clerk is further requested to invite William Mulholland, Director of Parks and Recreation, regarding the cleaning up of Slater Park Pond. Mr. Mulholland is requested that he take no action on the Pond until after this meeting takes place.

Also invited to this meeting are John Torgan, Bay Biology Specialist, Save the Bay; Representatives of Save the Park; and Fred Ihenacho, Director of Public Works.

1          J.          Communication from Richard E. DeLyon, Chief of Police, to City Clerk Goldstein, (Noise Ordinance) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

The Clerk is instructed to send a communication to Police Chief Richard E. DeLyon, asking that he meet with the City Engineer to update the noise ordinance, and then make a recommendation to the Ordinance Committee on this matter.

126      K.        Communication from Bill Mulholland, Director of Parks & Recreation, to Pawtucket City Council, (John Street Playground) is 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 Hodge, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Fred Ihenacho, Director of Public Works, requesting that he attend a pre-council session of the City Council on Wednesday, August 24, 1994, to discuss concerns of the Council regarding parks and recreational facilities in the City.

611      Communication from Jack Rahill, Finance Director to Council President John Barry, (200 Conant Street) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

With majority consent of the Council, Councilor Doyle submits the following Resolution:

588      RESOLUTION AUTHORIZING THE EXPENDITURE OF $82,000.00 FROM THE RESERVE FUND TO BE USED FOR THE DEMOLITION OF PROPERTY AT 200 CONANT STREET.

Upon Motion made by Councilor Doyle, seconded by Councilor Moran, the following resolution is read and passed on a roll call vote, as follows:

Ayes - President Barry, Councilors Bray, Doyle, Hodge, Kinder, and Moran.

Noes - Councilor Vieira.

RESOLUTION AUTHORIZING THE EXPENDITURE OF $82,000.00 FROM THE RESERVE FUND TO BE USED FOR THE DEMOLITION THE PROPERTY AT 200 CONANT STREET.

Communication from Joel Moss, General Manager, Narragansett Coated Paper Corp., 730 York Avenue to John Barry, President Pawtucket City Council, requesting a tax stabilization program for five years is REFERRED TO THE COMMITTEE ON FINANCE AND THE TAX ASSESSOR.

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

Gordon M. Gould, 69 Draper Street

Term expires first Monday in August, 1997.

The following appointment of Gordon M. Gould to serve as a Member of the Parks Commission is confirmed on a roll call vote, as follows:

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

Noes - 0

MEMBER OF THE PARKS COMMISSION

Gordon M. Gould, 69 Draper Street

Term expires first Monday in August, 1997.

589      Communication from His Honor Mayor Robert E. Metivier, submitting the following re-appointment as a Member of the Parks Commission FOR CONFIRMATION is READ AND ORDERED FILED:

Stephen J. Durand, 115 Arland Drive

Term expires first Monday in August, 1997.

The following re-appointment of Stephen J. Durand to serve as a Member of the Parks Commission is confirmed on a roll call vote, as follows:

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

Noes - 0

MEMBER OF THE PARKS COMMISSION

Stephen J. Durand, 115 Arland Drive

Term expires first Monday in August, 1997.

589      Communication from His Honor Mayor Robert E. Metivier, submitting the following re-appointment as a Member of the Parks Commission FOR CONFIRMATION is READ AND ORDERED FILED:

Richard Tierney, 52 Strafford Street

Term expires first Monday in August, 1997.

The following re-appointment of Richard Tierney to serve as a Member of the Parks Commission is confirmed on a roll call vote, as follows:

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

Noes - 0

MEMBER OF THE PARKS COMMISSION

Richard Tierney, 52 Strafford Street

Term expires first Monday in August, 1997.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

With majority consent of the Council, Councilor Hodge submits the resume of Susan M. Casey Cute, 88 Maynard Street, Pawtucket, RI, and recommends that she be appointed to serve as a Member of the Pawtucket Advisory Commission on Ethics.

Upon Motion made by Councilor Hodge, seconded by Councilors Doyle and Kinder, Susan M. Casey Cute, 88 Maynard Street, Pawtucket, RI, is appointed by the City Council to serve as a member of the Pawtucket Advisory Commission on Ethics, PENDING CONFIRMATION BY THE MAYOR, on a roll call vote, as follows:

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

Noes - 0

589      MEMBER OF THE PAWTUCKET ADVISORY COMMISSION ON ETHICS

Susan M. Casey Cute, 88 Maynard Street

Term expires first Monday in July, 1997.

THE CHAIR RECOGNIZES COUNCILOR KINDER.

With majority consent of the Council, Councilor Kinder submits the re-appointment of Charles McGarty, 146 Hughes Avenue, Pawtucket, RI, as a Member of the Pawtucket Advisory Commission on Ethics.

Upon Motion made by Councilor Kinder, seconded by Councilors Moran and Doyle, Charles McGarty, 146 Hughes Avenue, Pawtucket, RI, is re-appointed by the City Council to serve as a member of the Pawtucket Advisory Commission on Ethics, PENDING CONFIRMATION BY THE MAYOR, on a roll call vote, as follows:

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

Noes - 0

MEMBER OF THE PAWTUCKET ADVISORY COMMISSION ON ETHICS

Charles McGarty, 146 Hughes Avenue

Term expires first Monday in July, 1997.

Petition for AUTO REPAIR SHOP LICENSE of Jose A. Morales d/b/a J & B Auto Sales, 192 Pine Street, Tax Assessor’s Plat 53, Lot 173, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC#30161

Speaking in favor is Luis Gomez, 200 Pine Street, Pawtucket, RI, applicant.

Mr. Gomez states that he was granted a second hand shop license at the last Council meeting, but he forgot to apply for the Auto Repair Shop license. There have been no changes in his operation since the last meeting.

There are no speakers in opposition.

The Hearing is closed.

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following application for license is GRANTED on a unanimous voice vote:

Petition for AUTO REPAIR SHOP LICENSE of Jose A. Morales d/b/a J & B Auto Sales, 192 Pine Street, Tax Assessor’s Plat 53, Lot 173, to keep a shop for repairing automobiles LIC#30161.

Petition for SECOND HAND SHOP LICENSE of Brenda Weseluk d/b/a The Bargain Closet, 392 West Avenue, Tax Assessor’s Plat 64, Lot 423, to keep a shop for the purpose of purchasing and selling used articles, specifically second hand clothing, which was advertised for a hearing at this time, is taken up: LIC#40148

Speaking in favor is Brenda Weseluk, 391 Pawtucket Avenue, Pawtucket, RI, applicant.

Ms. Weseluk states that she will operate the same type of business as is currently at this location. She states that she is taking over from the current owner. She will operate the same hours and she has experience in working with the public.

There are no speakers in opposition.

The hearing is closed.

Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the following application for license is GRANTED on a unanimous voice vote:

Petition for SECOND HAND SHOP LICENSE of Brenda Weseluk d/b/a The Bargain Closet, 392 West Avenue, Tax Assessor’s Plat 64, Lot 423, to keep a shop for the purpose of purchasing and selling used articles, specifically second hand clothing. LIC#40148

COUNCILOR VIEIRA LEAVES THE COUNCIL CHAMBER AT 8:13 PM.

The following resolution is read and passed on a roll call vote, as follows:

Ayes - President Barry, Councilors Bray, Doyle, Hodge, Kinder, and Moran.

Noes - 0

588      RESOLUTION NAMING SAMUEL SHLEVIN AS HONORARY CHAIRMAN FOR LIFE OF THE PAWTUCKET ZONING BOARD OF APPEALS.

COUNCILOR VIEIRA RETURNS AT 8:15 PM.

The following resolution is read and passed on a roll call vote, as follows:

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

Noes - 0

588      RESOLUTION NAMING HUBERT J. NOLAN AS HONORARY MEMBER FOR LIFE OF THE PAWTUCKET HOUSING AUTHORITY.

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

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

Noes - 0

330      CH 2360 ORDINANCE ENTITLED "TAX EXEMPTION ON VEHICLES ADAPTED FOR THE DISABLED," AS AMENDED.

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

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

Noes - 0

330      CH 2361 ORDINANCE ENTITLED "ESTABLISHMENT OR ABOLISHMENT OF CLASSIFIED OR UNCLASSIFIED MUNICIPAL POSITIONS, RECLASSIFICATION OF CLASSIFIED EMPLOYEES, AND CHANGE OF PAY OF UNCLASSIFIED EMPLOYEES."

The following ordinance was Laid on the Table at the meeting held July 20, 1994, is again taken up, and is LAID ON THE TABLE, on a unanimous voice vote:

ORDINANCE REGULATING MUNICIPAL EMPLOYMENT WITHIN DEPARTMENTS AND/OR DIVISIONS OF MUNICIPAL GOVERNMENT.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

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

The Clerk is instructed to send a communication to Dr. Emile M. Chevrette, Superintendent of Schools, regarding the socalled "coaches" ordinance. The Council is still waiting for correspondence from the Superintendent for an alternate solution to the problem. If there is no response in time for the August 24, 1994, meeting, the Council will move forward on the ordinance.

613      Communication from Christopher E. Fay, Assistant City Solicitor, to Richard J. Goldstein, City Clerk. (Willow Street Auto Repair Shop License of Mario Gornall d/b/a Mario’s Garage) is READ AND ORDERED FILED.

028      Communication from Emanuel Sousa d/b/a Sousa’s Auto Body & Sales, 1442 Newport Avenue, requesting permission to change d/b/a to "SOUSA’S AUTO SALES AND BODY," is READ AND ORDERED FILED. REQUEST TO CHANGE TRADE NAME IS APPROVED.

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

BINGO - (ANNUAL LICENSES) RENEWALS

Blackstone Valley Chapter RIARC, One Dunnell Lane (Mondays) LIC#C0014

Howard Rogers Post #25, The American Legion, 25 McCallum Ave. (Mondays) LIC#C0016

N.E.A.T. INC., 92 East Avenue (Wednesdays) LIC#C0013

BINGO (CHANGE)

619      Pawtucket Citizens for Education (Sportstime Bingo), One Dunnell Lane, requesting permission to change day of Bingo from Saturdays to THURSDAYS, pending approval of State Police. COUNCILOR KINDER ABSTAINS BASED ON HIS STATEMENT THAT HE IS INVOLVED IN THIS BINGO. (Report filed)

ENTERTAINMENT -

Pawtucket Jaycees - to conduct Octoberfest, on Roosevelt Avenue/Downtown Pawtucket Area, on Saturday October 1, 1994; Sunday October 2, 1994, from 10 AM - 7 PM. LIC#M932

Portuguese Social Club, to conduct Annual Picnic & Festival at 131 School Street, Parking Lot, on Friday, August 19, 1994, 6:00 PM-12:00 Midnight; Saturday, August 20, 1994, 6:00 PM-12:00 Midnight; Sunday, August 21, 1994, 12 Noon-10:00 PM. LIC#M935

Rhode Island Labor & Ethnic Festival Committee, to conduct Annual Festival/Music/Arts, on the Old Slater Mill Museum Property, Roosevelt Avenue, on Sunday, September 4, 1994, 12 Noon-6:00 PM. LIC#M934

St. Anthony’s Church to conduct Outdoor Festival/Live Band at 32 Lawn Avenue on Friday, September 2, 1994, 7 PM - 12 Midnight; Saturday, September 3, 1994, 7 PM - 12 Midnight; Sunday, September 4, 1994, 7 PM - 11 PM. LIC#M928

Slater Health Center to conduct Concert/Cookout on Health Center’s property at 70 Gill Avenue (outside) on Thursday, September 1, 1994, 5:00 PM-7:30 PM. LIC#M933

Steamboat Muster Weekend - for Concert at Veterans Memorial Amphitheater, Roosevelt Avenue, on Thursday, August 11, 1994, from 6 PM - 9 PM. LIC#M929.

International Steamboat Muster - to conduct a Steamboat Muster on Roosevelt Avenue, School Street and the Old State Pier, Town Landing, Taft Street, on August 12, 1994 (Bay Queen Cruise 6 PM - 11 PM); Festivities on Saturday, August 13, 1994 from 9:00 AM - 7:00 PM; Sunday, August 14, 1994 from 7:00 AM - 6:00 PM. LIC#M930.

The Door Christian Fellowship for Concerts & Movies Series as follows: LIC#936

VETERANS MEMORIAL AMPHITHEATER on the following dates;

Saturday, August 13, 1994, 8 PM - 10 PM (Movie: The Appointment)

Saturday, August 20, 1994, 8 PM - 10 PM (Movie: Wait of the World)

Saturday, September 3, 1994, 8 PM - 10 PM (Movie: Cross & the Switchblade)

Saturday, September 10, 1994, 8 PM - 10 PM (Movie: Caught)

HODGSEN PARK

Sunday August 14, 1994, 11 AM - 1 PM (Service/Rally)

Friday, August 19, 1994, 8 PM - 10 PM (Concert/Dance)

Saturday, August 27, 1994, 8 PM - 10 PM Concert: Contemp)

Sunday, August 28, 1994, 11 AM - 1 PM (Service/Rally)

Friday, September 2, 1994, 8 PM - 10 PM (Concert: Reggae)

PIGEON LOFT - RENEWALS

Filomina Sousa, 9 Winter St LIC#D0006

James Luiz, 163 Division St LIC#D0003

PIN BALL & AMUSEMENT DEVICES - RENEWAL

Vet’s Bar & Grill Inc., 623 Central Ave LIC#70037

PRIVATE DETECTIVE LICENSE - RENEWAL

Leroy James Duffy, 299 Dexter St LIC#90040

SUNDAY SALES (First Class)

Nely Saraiva d/b/a Saint’s Market, 686 Central Avenue (Previously at 76 Slater St) LIC#20223

VICTUALLING HOUSE (First Class) - NEW

Joseph Cross d/b/a Portland Subs, 113 Power Road LIC#337

VICTUALLING HOUSE (First Class)

Xuan Pin Xu d/b/a Ping Garden Restaurant, (previously Cajun Joe’s Inc d/b/a The Plaza Diner) 295 Armistice Blvd. LIC#338

The following application for license is LAID ON THE TABLE on a unanimous voice vote:

PIN BALL & AMUSEMENT DEVICES - RENEWAL

Bandilli Cafe Inc., d/b/a State Line Cafe, 514 Benefit Street LIC#70005

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

PRIVATE DETECTIVE BOND

Leroy J. Duffy, surety - The Western Surety Company

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

George Birmingham - $1052.91

Louise M. Corrigan - $571.00

James & Jody Etchells - $809.72

Jeffrey A. Gagnon - $347.36/$293.04

Arthur Girard - $900

Waldron M. Huftalen - $192.05

Alfred & Margaret Imondi - $175,000

Ronald L. Jovin - $1920/$1474.78

Christina Mendoza - $293.95/$194.86

Metropolitan Insurance - $438.91

Lisa & Nicholas Vitacca - $1033.02

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES ARE APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - 0

Claim of William Hartmann in the amount of $175.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT FOR FURTHER REVIEW:

Jayne Hennessey in the amount of $300.00

Claim of Terrie Beaucage - $100,000

Claim of David J. Cerqueira - $2,500.00 plus

Elizabeth A. McKenna - $100,000.00

Jean (Auger) Parrillo - $1865.94/$2422.94

Claim of Joseph T. McGrath - $3881.24/$5088.45

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS DENIED AND REFERRED TO THE WATER SUPPLY BOARD:

Claim of Richard H. Gobeille - $169.48/$154.35

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 Police Chief, Richard E. DeLyon, regarding overtime payments to police officers, which was discussed by a resident at the public input period portion of the Council meeting; specifically why there was only one person trained on fire investigations and identification. The Council is asking why this is so; and, what plans, if any, are there to train additional officers in each of these areas. If none, what would happen if the officer is unavailable for any length of time.

Upon Motion made by Councilor Kinder, seconded by Councilor Vieira, the meeting is adjourned at nine three o’clock p.m.

August 10, 1994 - Regular City Council Session
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