March 23, 1994 - Regular City Council Session

City Council, March 23, 1994

A regular session of the city Council is held Wednesday, March 23, 1994, at eight ten o’clock p.m. All the members are present and President Barry presides.

The reading of the records of March 9, 1994, is taken up:

THE CHAIR RECOGNIZES COUNCILOR MORAN.

Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the minutes of the meeting of March 9, 1994, are amended on Page 38 to read as follows:

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 Jack Rahill, Director of Finance, requesting that he review the latest monthly status or appropriations report for line items which are over-extended.

The Council would like to know which areas he feels are the most serious as far as over-expenditures go, and where the money will come from to off-set those over-expenditures. The Council is also concerned that several items, such as longevity, are over-expended, which should be properly budgeted.

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the reading of the records of March 9, 1994, AS AMENDED, and March 16, 1994, are dispensed with and the records are approved as amended.

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder the *Consent Agenda is approved on a unanimous voice vote:

THE FOLLOWING ORDINANCE IS TAKEN UP;

ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF FORTY MILLION ($40,000,000) DOLLARS PROVIDING FOR THE SYNCHRONIZATION OF THE CITY OF PAWTUCKET’S TAX AND FISCAL YEAR, AND TO RETIRE CUMULATIVE CITY DEBT. AS AMENDED

Speaking on the ordinance are Mayor Robert E. Metivier, Jack Rahill, Finance Director, Paul Keating, Chairperson of the City Pension Committee, and John Hannah and Greg McNeely from the Hannah Group.

John Hannah submits a report which is READ AND ORDERED FILED.

Upon Motion made by Councilor Moran, seconded by Councilor Kinder, 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 2337 ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF FORTY MILLION ($40,000,000) DOLLARS PROVIDING FOR THE SYNCHRONIZATION OF THE CITY OF PAWTUCKET’S TAX AND FISCAL YEAR, AND TO RETIRE CUMULATIVE CITY DEBT. AS AMENDED

THE CHAIR RECOGNIZES COUNCILOR RABBITT.

With majority consent of the Council, Councilor Rabbitt introduces the following entitled resolution with a recommendation of approval by the City Property Committee:

588      RESOLUTION DEDICATING A BALLFIELD IN MAYOR LAWRENCE A. MCCARTHY PARK AS "JOSEPH L. THIBEAULT, JR., FIELD"

Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following entitled 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

RESOLUTION DEDICATING A BALLFIELD IN MAYOR LAWRENCE A. MCCARTHY PARK AS "JOSEPH L. THIBEAULT, JR., FIELD"

THE COUNCIL RECESSES AT 8:47 PM TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS AND TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

PROPOSALS FOR THE SLATER PARK ZOO AREA.

THE COUNCIL RECONVENES AT 10:30 PM.

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

624      A.        Communication from Joseph Roque, Purchasing Agent, to Members of the Pawtucket City Council. (Emergency Purchase Orders February 1 Through February 28, 1994)

028      B.         Communication from Dale S. Holberton, CMC, Town Clerk, Town of South Kingstown, to Richard J. Goldstein, City Clerk. ($2.3 million in funds for substance abuse prevention)

614      C.        Communication from Ferdinand C. Ihenacho, P.E., Director of Public Works, to Pawtucket City Council. (Newport Avenue Reconstruction - Status Report)

126      E.         Communication from Bill Mulholland, Director of Parks & Recreation, to Pawtucket City Council. (Zoo Proposals)

028      **F.     Communication from Albertino L. Vicente, Affirmative Action Director, to Richard G. Barber, President of People United for Minority Achievement. (Affirmative Action Plan)

028      G.        Communication from Patricia A. Valliere, Town Clerk, Town of Richmond, to Pawtucket City Council. (Community Confinement Resolution)

028      H.        Communication from William J. Lynch, Esq., to Council President John J. Barry, III. (Louis Yip/Registry of Motor Vehicles)

028      I.          Communication from Councilor George K. Demopulos, to Pawtucket City Council. (Proposal for the use of the former Slater Park Zoo)

590      J.          Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III. (Zoo Proposal)

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

061      D.        Communication from Jack Rahill, Finance Director, to Members of the Pawtucket City Council. (Fiscal period from July 1, 1993 through February 28, 1994) 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 Jack Rahill, Finance Director, regarding several line items in the February 1994 Status of Appropriations report.

590      Communication from Mayor Robert E. Metivier, to Pawtucket City Council. (Former Chairman of the Zoning Board - Samuel Shlevin) is READ AND ORDERED FILED.

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 IN SUPPORT OF A JOINT RESOLUTION MAKING AN APPROPRIATION OF $160,000 FOR THE CITIES OF PAWTUCKET, WOONSOCKET, AND WEST WARWICK.

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 2338 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." (Human Resources Aid and Human Resources Assistant to Personnel Aide and Personnel Assistant)

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, Rabbitt and Vieira.

Noes - Councilor Demopulos.

330      CH 2339 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." (Customer Service Representative)

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 2340 ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF FOUR MILLION TWO HUNDRED THIRTY THOUSAND ($4,230,000) DOLLARS PROVIDING FOR THE RENOVATION AND RECONSTRUCTION OF PUBLIC SCHOOL BUILDINGS IN THE CITY OF PAWTUCKET.

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 2341 ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF TWO HUNDRED FIFTY THOUSAND ($250,000) DOLLARS PROVIDING FOR THE RENOVATION AND RECONSTRUCTION OF PAWTUCKET LIBRARY BUILDINGS IN THE CITY OF PAWTUCKET.

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 2342 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." (Police Data/Communications Technician) 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, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

330      CH 2343 ORDINANCE IN AMENDMENT OF CHAPTER 2317 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE REGULATING PARKING DURING WEATHER EMERGENCIES IN THE CITY OF PAWTUCKET." AS AMENDED

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 REGULATING THE LEGAL CLASSIFICATIONS OF PROPERTY WITHIN THE CITY OF PAWTUCKET.

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

ORDINANCE IN AMENDMENT OF CHAPTER 2068 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE LICENSING AND REGULATING OF CARNIVALS AND CIRCUSES IN THE CITY OF PAWTUCKET ON PUBLICLY OWNED PROPERTY, ALSO KNOWN AS ARTICLE VIII OF CHAPTER 18.1 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET.

Putting the Ordinance into proper form. (No substantive change)

Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the AMENDMENT to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2068 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE LICENSING AND REGULATING OF CARNIVALS AND CIRCUSES IN THE CITY OF PAWTUCKET ON PUBLICLY OWNED PROPERTY, ALSO KNOWN AS ARTICLE VIII OF CHAPTER 18.1 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET." is passed on a roll call vote, as follows:

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

Noes - 0

Putting the Ordinance into proper form. (No substantive change)

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 2068 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE LICENSING AND REGULATING OF CARNIVALS AND CIRCUSES IN THE CITY OF PAWTUCKET ON PUBLICLY OWNED PROPERTY, ALSO KNOWN AS ARTICLE VIII OF CHAPTER 18.1 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET. AS AMENDED

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

ORDINANCE IN AMENDMENT OF CHAPTER 1236 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE LICENSING OF PERFORMANCES, SHOWS, AND EXHIBITIONS, ALSO KNOWN AS ARTICLE II OF CHAPTER 18.1 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET.

Putting the Ordinance into proper form. (No substantive change)

Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the AMENDMENT to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 1236 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE LICENSING OF PERFORMANCES, SHOWS, AND EXHIBITIONS, ALSO KNOWN AS ARTICLE II OF CHAPTER 18.1 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET." is passed on a roll call vote, as follows:

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

Noes - 0

Putting the Ordinance into proper form. (No substantive change)

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 1236 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE LICENSING OF PERFORMANCES, SHOWS, AND EXHIBITIONS, ALSO KNOWN AS ARTICLE II OF CHAPTER 18.1 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET. AS AMENDED

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

ORDINANCE RELATING TO ANIMALS AND FOWL.

Putting the Ordinance into proper form. Eliminate "local Humane Society" in Section 2; and, eliminate "bullwhips" in Section 3.

Upon Motion made by Councilor Kinder, seconded by Councilor Vieira, the AMENDMENT to the Ordinance Entitled "ORDINANCE RELATING TO ANIMALS AND FOWL." is passed on a roll call vote, as follows:

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

Noes - 0

Putting the Ordinance into proper form. Eliminate "local Humane Society" in Section 2; and, eliminate "bullwhips" in Section 3.

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 RELATING TO ANIMALS AND FOWL. AS AMENDED

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 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", ALSO KNOWN AS SECTION 4–83 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET. (Section 7 - Impoundment Fees)

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS WITHDRAWN AT THE REQUEST OF THE SPONSOR ON A UNANIMOUS VOICE VOTE.

023      ORDINANCE AMENDING CHAPTER 1878 OF THE ORDINANCES 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". (Limiting number of dogs & cats)

THE CHAIR RECOGNIZES COUNCILOR HODGE.

With majority consent of the Council, Councilor Hodge introduces the following license:

VICTUALLING HOUSE (SECOND CLASS) RENEWAL

Timothy Schey d/b/a The Sandwich Shop (transfer from Aaron Matoian d/b/a The Sandwich Shack, 272 Main Street, LIC#302

Upon Motion made by Councilor Hodge, seconded by Councilor Moran, the following licenses is GRANTED on a unanimous voice vote:

Timothy Schey d/b/a The Sandwich Shop (transfer from Aaron Matoian d/b/a The Sandwich Shack,) 272 main Street, LIC#302

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

FLOWER PEDDLER (RENEWAL)

Donald Klemanchuck, Res: 461 East Avenue, Pawtucket, RI, LIC#156

PAWN SHOP LICENSE (NEW)

Paul Moskwa d/b/a P.M. Pawn Brokers (previously d/b/a Fred’s) 58 Exchange Street (previously 618 Broadway) LIC #1027

SUNDAY SALES (FIRST CLASS) RENEWAL

Alipio R. Dasilva d/b/a Luzitania Bakery, 312 Barton Street, LIC#20034

Dennis Edine d/b/a Salois Dairy Stores 9, 364 Benefit Street, LIC#20061

Milton G. Tripp d/b/a Leo’s SPA, 875 Central Avenue, LIC#20064

SUNDAY SALES (SECOND CLASS) RENEWAL

Apex Incorporated, 100 Main Street, LIC#20083

Colonial Mills Inc., d/b/a Rug Factory Store, 560 Mineral Spring Avenue, LIC#20088

Steven Gelsomino d/b/a Bargain Depot, 1177 Central Avenue, LIC#20202

Phyl-Top Inc., d/b/a Mr. Tux, 127 School Street, LIC#20124

Rodrigo Velez d/b/a La Casa Del Perfume, 320 West Avenue, LIC#20004

Jean B. Vitali d/b/a A & B Corp. MDS. Mart & Flea Market, 360 Broad Street, LIC#20135

SUNDAY SALES (FIFTH CLASS) RENEWAL

Joao C. Soares, Res: 162 Ohio Avenue, Providence, RI, LIC#20158

THE CHAIR RECOGNIZES COUNCILOR RABBITT.

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

ENTERTAINMENT

The Alumni Association of Recovering Alcoholics for license to conduct dance at the Dunnell Lane East Hall on Saturday April 23, 1994, from 10:00 pm to 10:00 am April 24) LIC#908M

Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following License is GRANTED on a unanimous voice vote:

ENTERTAINMENT

The Alumni Association of Recovering Alcoholics for license to conduct dance at the Dunnell Lane East Hall on Saturday April 23, 1994, from 10:00 pm to 10:00 am April 24) LIC#908M

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

Erick A. Balanor - $138.93

David Ballah - $59.88

Dennis Baril - $135.00

Sheila Carpenter - $437.42/350.00

John R. Clegg - $206.80

Candice Cloutier - $35.69

Christine E. Dubuc - $53.60

Ellen Florin - $160.60

Lucien Fontaine - $181.43

Virginia Gretzky - $194.95

Beverly Jackson - $178.99

Roland Gobin - $97.99

Robert Korn - $639.79

Christopher Lopes - $125.00

Doris Mariani - $244.12

Robert Mercer - $100.00

Roland J. Morel - $576.51/628.70

Thomas Panichas - $625.24/553.00

Maureen Penn - $207.47

Cynthia Primo - $450.00

Deborah Schnetzler - $142.69

Rosalie M. Silva - $850.93

David Silverman d/b/a Ocean State Textile -$720.16

Mark Surette - $662.80

Charles Tippe - $211.00/271.00

COUNCILOR DEMOPULOS SUBMITS THE FOLLOWING NAME TO BE ADDED TO THE COMMITTEE TO STUDY THE FEASIBILITY OF THE CITY OF PAWTUCKET ATTRACTING AND HOSTING A MINOR LEAGUE BASEBALL MUSEUM:

Robert Coderre

THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.

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

588      RESOLUTION IN OPPOSITION TO 94-S-3212 ENTITLED "JOINT RESOLUTION APPEALING THE DECISION AND JUDGEMENT OF THE SUPERIOR COURT IN THAT CERTAIN ACTION ENTITLED `CITY OF PAWTUCKET, ET AL VS. BRUCE SUNDLUN, ET AL’, C.A. NOS. 91–0880 AND 92–0588".

Upon Motion made by Councilor Demopulos, seconded by Councilor Moran, the following entitled 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

RESOLUTION IN OPPOSITION TO 94-S-3212 ENTITLED "JOINT RESOLUTION APPEALING THE DECISION AND JUDGEMENT OF THE SUPERIOR COURT IN THAT CERTAIN ACTION ENTITLED CITY OF PAWTUCKET, ET AL VS. BRUCE SUNDLUN, ET AL’, C.A. NOS. 91–0880 AND 92–0588".

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

March 23, 1994 - Regular City Council Session
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