January 19, 1994 - Regular City Council Session

City Council, January 19, 1994

A regular session of the City Council is held Wednesday, January 19, 1994, at eight 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 CONDUCT AN INFORMAL HEARING REGARDING THE AUTO REPAIR SHOP AND SECOND HAND SHOP LICENSES OF GARCIAS’S AUTO AND TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

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 COUNCIL RECONVENES AT 9:02 PM.

The reading of the records of January 3, and 5, 1994, 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:

499 A. Communication from Michael D. Cassidy, Secretary of Pawtucket Planning Commission, to Pawtucket City Council. (Cute Street)

611 B. Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Turnaround report)

028 C. Communication from Paul J. Adler, to Mayor Robert E. Metivier. (Resignation from Pawtucket Advisory Commission on Ethics)

028 D. Communication from Robert P. Andrade, Executive Vice President, Pawtucket Credit Union, to Richard J. Goldstein, City Clerk. (Parking in the lot during snow storms)

061 E. Communication from Jack Rahill, Finance Director, to Members of the Pawtucket City Council. (Fiscal period from July 1, 1993 through December 31, 1993)

153 Communication from Ferdinand C. Ihenacho, P.E., Director of Public Works, to Pawtucket City Council submitting curbing assessments in the amount of $1,740.00 for approval is Read and Ordered Filed.

The following curbing assessments are approved on a roll call vote, as follows:

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

Noes - 0

Curbing assessments in the amount of $1,740.00

Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III. (Job Creation Incentive Program) is Read and Ordered Filed and Referred to the Ordinance Committee and Finance Committee.

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

Albert Moretti, 680 Armistice Boulevard. Term expires the first Monday in January, 1999 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, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

CITY PLANNING COMMISSION

Albert Moretti, 680 Armistice Boulevard. Term expires the first Monday in January, 1999.

Communication from His Honor Mayor Robert E. Metivier, submitting the following re-appointment as a Member of the Board of Purchasing FOR CONFIRMATION:

589 John T. Foley, 83 Windsor Road. Term expires the first Monday in January, 1997 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, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

BOARD OF PURCHASING

John T. Foley, 83 Windsor Road. Term expires the first Monday in January, 1997.

Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jose Aldamar Morales d/b/a J & B Auto Sales, 539 Main Street, Tax Assessor’s Plat 53, Lot 435, to keep a shop for 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 Jose Morales, 800 Weeden Street, Pawtucket, RI.

Mr. Morales states that the establishment is next to Morris Novelty Building. Modern Auto Body is now at this location. The owners will divide the building for Morales’ use.

Mr. Morales states that he has a shop on Reservoir Avenue, and he is moving to 539 Main Street. There is room for cars. The hours will be 8 am - 6:30 pm Monday through Friday, and half a day on Saturday. There is a spray booth for painting. He is the only employee.

There are no other speakers

The Hearing is closed.

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE are GRANTED on a unanimous voice vote.

COUNCILOR DOYLE LEAVES AT 9:09 PM.

Petition for VICTUALLING HOUSE (FIRST CLASS) LICENSE, of Manuel Baptista d/b/a Sunshine Donut, 607 Smithfield Avenue, requesting a license to operate the additional hours between 2:00 AM and 6:00 AM, which was advertised for a hearing at this time, is taken up:

There are no speakers.

The Hearing is closed.

Upon Motion made by Councilor Vieira, seconded by Councilor Moran, the following petition for VICTUALLING HOUSE LICENSE is LAID ON THE TABLE and the Clerk is instructed to inform Mr. Baptista that if he wishes the Council to approve this License, he must appear at the Council meeting on February 9, 1994, on a unanimous voice vote.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

With majority consent of the Council, Councilor Bray introduces the following entitled resolution:

588 RESOLUTION REQUESTING THE RELEASE OF $2.3 MILLION IN FUNDS TO CITIES AND TOWNS FOR SUBSTANCE ABUSE PREVENTION.

Upon Motion made by Councilor Bray, seconded by Councilors Kinder and Rabbitt, the following resolution is read and passed on a roll call vote as follows:

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

Noes - 0

RESOLUTION REQUESTING THE RELEASE OF $2.3 MILLION IN FUNDS TO CITIES AND TOWNS FOR SUBSTANCE ABUSE PREVENTION.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

With majority consent of the Council, Councilor Bray introduces the following entitle ordinance:

ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "HAWKERS AND PEDDLERS"

Upon Motion made by Councilor Bray, seconded by Councilor Vieira, the following entitled ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote.

ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "HAWKERS AND PEDDLERS"

COUNCILOR DOYLE RETURNS AT 9:14 PM.

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

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

Noes - 0

588 RESOLUTION SUPPORTING "AN ACT RELATING TO DEPARTMENT OF CORRECTIONS---COMMUNITY CONFINEMENT."

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

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

Noes - 0

330 CH 2330 ORDINANCE OF THE CITY OF PAWTUCKET APPROVING THE COMMUNITY DEVELOPMENT PROGRAM, PROJECT NO. P-CDA-19 AND AUTHORIZING EXPENDITURES FROM THE BLOCK GRANT, SO-CALLED, OR OTHERWISE, FOR THE REDEVELOPMENT OF THE COMMUNITY DEVELOPMENT AREA (SEE EXHIBITS "A" & "B")

THE FOLLOWING ORDINANCE, WITH A RECOMMENDATION TO BE DENIED BY THE ORDINANCE COMMITTEE, WAS LAID ON THE TABLE AT THE MEETING HELD OCTOBER 20, 1993, AND IS AGAIN TAKEN UP AND THE MOTION TO DENY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

Ayes - Councilors Demopulos, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - President Barry, Councilors Bray and Vieira.

023 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 AT 9:40 O’CLOCK PM.

PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.

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

ORDINANCE IN AMENDMENT OF CHAPTER 2196 BOARD OF PARK COMMISSIONERS.

All sections of the amendment should be deleted except for the following:

Add to Section 4:

(6) The commission shall submit and annual report to the City Council on the state of the parks and open spaces within the City by December 31 of each year.

Upon Motion made by Councilor Demopulos, seconded by Councilor Rabbitt, the AMENDMENT to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2196 BOARD OF PARK COMMISSIONERS." is passed on a roll call vote, as follows:

Ayes - President Pro-Tempore Vieira, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - 0

All sections of the amendment should be deleted except for the following:

Add to Section 4:

(6) The commission shall submit an annual report to the City Council on the state of the parks and open spaces within the City by December 31 of each year.

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, Demopulos, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 2196 BOARD OF PARK COMMISSIONERS. AS AMENDED

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 William Mulholland, Director of Parks and Recreation, forwarding a copy of the Curfew Ordinance, which was defeated by the Council at this meeting.

During the Public Hearing on this ordinance, the opponents were saying that a better approach to the problem is providing youths with activities as opposed to enforcing a curfew. The Council would like his recommendations on activities that could be provided through the parks and recreation department for youths in the age groups listed, to be held during the hours listed in the ordinance.

COUNCIL PRESIDENT BARRY RETURNS AND PRESIDES AT 9:45 O’CLOCK PM.

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, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

ORDINANCE CLARIFYING THE STATUS OF THE CHIEF OF THE PAWTUCKET POLICE DIVISION RELATIVE TO HIS WITHDRAWAL FROM THE COLLECTIVE BARGAINING UNIT.

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, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 901, SUBSECTION (14) OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "PROPOSED HOUSING STANDARDS ORDINANCE" ALSO KNOWN AS SECTION 17–20 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, ENTITLED "PENALTY, INJUNCTION, ABATEMENT, ETC., PROCEEDINGS."

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

ORDINANCE IN AMENDMENT OF CHAPTER 2309 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "THE ANNUAL OPERATING BUDGET ORDINANCE, 1993–1994."

Sections 1 & 2:

Change $3,000.00 to the amount equal to the actual expenses for the inauguration.

Upon Motion made by Councilor Doyle, seconded by Councilors Kinder, the AMENDMENT, to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2309 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "THE ANNUAL OPERATING BUDGET ORDINANCE, 1993–1994." is passed on a roll call vote, as follows:

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

Noes - 0

Sections 1 & 2:

Change $3,000.00 to the amount equal to the actual expenses for the inauguration.

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

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

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 2309 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "THE ANNUAL OPERATING BUDGET ORDINANCE, 1993-1994." AS AMENDED

THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETING HELD JANUARY 5, 1994, AND IS AGAIN TAKEN UP AND IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:

SECOND HAND SHOP (NEW)

Paul M. Pelletier & David Chiffollo d/b/a Paul & Dave’s Resale Antiques and Collectibles (previously Bob’s Resale Shop) 718 Mineral Spring Avenue, LIC#40132

THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:

FLOWER PEDDLER (RENEWAL)

Domenic Africo, Res: 191 Greeley Street, Providence, RI, LIC#66

PIN BALL & AMUSEMENT DEVICES (RENEWAL)

Carousel Sports Loung Inc., 507 Armistice Boulevard, (3) additional 2, LIC#897

POOL TABLE (RENEWALS)

Bandilli Cafe Inc., d/b/a State Line Cafe, 514 Benefit Street, 1 (Weekdays and Sundays) LIC#G0003

Carousel Sports Lounge Inc., 507 Armistice Boulevard, 3 (Weekdays and Sundays) additional 1, LIC#30

South End Saloon Inc., d/b/a the Corner Pocket, 569 Broadway, 1 (Weekdays and Sundays) LIC#G0024

VICTUALLING HOUSE (FIRST CLASS) NEW

Sun Heng Restaurant Inc., d/b/a Tin Tin Buffet, 223 Newport Avenue, LIC#00322

YEARLY BINGO GAMES

619 Petition of Pawtucket Youth Services Inc., Change in name from Pawtucket Babe Ruth League) for yearly bingo games at 67 Garrity Street (Saturdays Between 6:00 pm - 11 pm) LIC#C0010

Councilor J. Raymond Kinder Abstains (report filed)

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

Edward A. Dobrolet - $309.93/245.00

John Gregory - No amount specified

Helen M. Keegan - No amount specified

Key Container Corp - $500.00

Jose C. Mendes - $668.74/627.70

Richard J. Renzi - $1,455.07/1,783.71 + Car Rental

THE CHAIR RECOGNIZES COUNCILOR RABBITT.

With majority consent of the Council, Councilor Rabbitt introduces the following petition:

028 Petition from the residents of Paulhus Court regarding the plowing of their street during snow storms.

Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following petition is Read and Ordered Filed and the Clerk is instructed to forward a copy to Ferdinand A. Ihenacho, Director of Public works for his comments, on a unanimous voice vote.

Petition from the residents of Paulhus Court regarding the plowing of their street during snow storms.

Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the meeting is adjourned at ten two o’clock p.m.