April 5, 1995 - Regular City Council Session

City Council, April 5, 1995

A regular session of the City Council is held Wednesday, April 5, 1995, at eight o’clock p.m. All the members are present and President Barry presides.

THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AT THE MEETINGS HELD MARCH 8, AND 22, 1995, AND IS AGAIN TAKEN UP:

ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE 1993-1994 ANNUAL OPERATING BUDGET, CHAPTER 2309.

Ralph Mangiante, Deputy Finance Director and Leo Fox, Auditor, discuss the ordinance.

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

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

Noes - Councilor Vieira.

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 Ralph E. Mangiante, Deputy Finance Director, to request the following information on police and fire pension plans:

1.         How much of the $1.7 million dollars budgeted for fiscal year 1995 do you actually anticipate paying into the plan?

2.         At a meeting last year with John Hannah, the Council remembers a promise by the City to make a contribution to the Plan in FY94. The Council would like to know how much was actually promised to be put into the plan; was it put in; and if not, why not?

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

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

The Clerk is instructed to send a communication to State Street Bank & Trust Co., stating that the auditor for the city suggested that the city get an actuarial report on the police and fire pension plans for the city of Pawtucket. Prior to requesting such a report, the Council would like to know what it would cost to have it done.

THE COUNCIL RECESSES AT EIGHT THIRTY O’CLOCK P.M. TO CONTINUE THE PRE-COUNCIL SESSION.

THE COUNCIL RECONVENES AT NINE SEVEN O’CLOCK PM.

The reading of the records of March 22, 1995, 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:

028      A.        Communication from Jane A. McManus, CMC, City Clerk, city of Newport, to Council President John J. Barry, III. (Health Care)

028      B.         Communication from Theresa McMichael, Chairperson, town of Cumberland, to Pawtucket City Council. (Public Notice - Zoning Hearing)

590      C.        Communication from Mayor Robert E. Metivier, to all members of the City Council. (Education lawsuit meeting)

553      D.        Communication from the residents of Littlefield Street, to Pawtucket City Council. (Traffic Ordinances)

632      E.         Communication from John T. Gannon, City Solicitor, to Councilor J. Raymond Kinder. (Residency requirement)

610      G.        Communication from William T. Noonan, Director of Public Safety, to Richard J. Goldstein, City Clerk. (Health and welfare of employees at the Department of Human Services Building)

611      H.        Communication from Jack Rahill, Finance Director, to Richard Goldstein, City Clerk. (Overexpenditure in Police Crossing Guards Unemployment Insurance)

613      F.         Communication from John T. Gannon, City Solicitor, to Councilor Thomas E. Hodge. (Kellaway Lease/Welfare Building) 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 Rabbitt, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to William T. Noonan, Public Safety Director, requesting that he, Mr. Gannon and Mr. Vicente keep the City Council up to date on the Kellaway Building.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

028      Communication from Kendall Kellaway, President of Kellaway Realty Corp., to William T. Noonan, Director of Public Safety. (Property at 24 Commerce Street, Kellaway Building)

Upon Motion made by Councilor Hodge, seconded by Councilor Kinder, the following communication is READ AND ORDERED FILED.

Communication from Kendall Kellaway, President of Kellaway Realty Corp., to William T. Noonan, Director of Public Safety. (Property at 24 Commerce Street, Kellaway Building)

COUNCIL PRESIDENT BARRY STEPS DOWN FROM THE CHAIR AT 9:12 P.M. AND COUNCIL PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

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

588      RESOLUTION REQUESTING THE MAYOR TO HAVE AN INVENTORY OF ABANDONED/VACANT BUILDINGS DONE IN THE CITY OF PAWTUCKET.

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

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

Noes - 0

RESOLUTION REQUESTING THE MAYOR TO HAVE AN INVENTORY OF ABANDONED/VACANT BUILDINGS DONE IN THE CITY OF PAWTUCKET.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

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

588      RESOLUTION TO USE $12,000 OF CDBG FUNDS TO CANVASS FOR BULKY WASTE VIOLATIONS.

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

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

Noes - 0

RESOLUTION TO USE $12,000 OF CDBG FUNDS TO CANVASS FOR BULKY WASTE VIOLATIONS.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

With majority consent of the Council, Councilor Barry introduces the following entitled ordinances:

ORDINANCE REGULATING BUILDINGS WHICH ARE DESIGNATED AS PUBLIC NUISANCES IN THE CITY OF PAWTUCKET.

ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1966, REGARDING LARGE ITEM PICK-UP.

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

ORDINANCE REGULATING BUILDINGS WHICH ARE DESIGNATED AS PUBLIC NUISANCES IN THE CITY OF PAWTUCKET.

ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1966, REGARDING LARGE ITEM PICK-UP.

COUNCIL PRESIDENT BARRY PRESIDES AT 9:30 P.M.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, Councilor Moran introduces the following communication:

028      Communication from Arthur Ashburn, to Pawtucket City Council. (Problems with Pawtucket Redevelopment Agency)

Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the following communication is READ AND ORDERED FILED.

Communication from Arthur Ashburn, to Pawtucket City Council. (Problems with Pawtucket Redevelopment Agency)

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

The Clerk is instructed to send a communication to Kevin Shea, Executive Director, Pawtucket Redevelopment Agency, and Michael Cassidy, Director of Planning and Redevelopment, requesting a response to the letter from Mr. Ashburn.

Councilor Moran would, like an outline of the problems, and a response on how these problems can be corrected.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

Upon Motion made by Councilor Moran, seconded by Councilor Bray, the License for Pawtucket Youth Services Bingo, is REVOKED for the following reason on a voice vote.

1.         Failure to maintain the necessary state license.

619      Councilor J. Raymond Kinder abstains based on his statement that "conflict of interest" (report filed)

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jose & Manuel Jorge d/b/a Darlington Auto Body (previously John Caito d/b/a Benefit Auto Sales) 156 Benefit Street, Tax Assessor’s Plat 5, Lot 544, to keep a shop for the purpose of repairing and selling second hand articles, specifically used auto parts, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Jose Jorge, 187 Carnation Street, Pawtucket, RI.

Mr. Jorge states that the hours will be 8:00 am - 5:00 pm Monday - Saturday.

He states that this is his first time in this business. He will have two employees. He has room to fit 15 cars inside the building comfortably, and he can cram in 18-19 cars. He states that he can fit 5 cars in the front lot. All cars will be inside for the night.

He also states that he working with the state and the Fire Department to revamp his spray booths.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilor Moran, second by Councilor Kinder, the following applications for licenses are GRANTED on a unanimous voice vote:

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jose & Manuel Jorge d/b/a Darlington Auto Body (previously John Caito d/b/a Benefit Auto Sales) 156 Benefit Street, Tax Assessor’s Plat 5, Lot 544, to keep a shop for the purpose of repairing and selling second hand articles, specifically used auto parts. LIC#30184 & #40176

Petition for SECOND HAND SHOP LICENSE of Joanmarie O’Neill d/b/a Top Dollar Gold Buyers, 572 Smithfield Avenue, Tax Assessor’s Plat 49, Lot 736, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used general merchandise, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Joanmarie O’Neill, 16 Hopkins Street, Lincoln, RI.

She states that she is operating this business with her dad, and this is her first time in this business.

She states that now they are selling gold. They will be open Tuesday - Saturday from 10:00 am - 6:00 pm.

They won’t be taking in large appliances or any weapons. They will be reselling merchandise they take in.

They take a copy of the license of people selling gold; copies of which are sent to the Treasure’s Office and the Pawtucket Police with detail listings of the items taken in. They are careful of shady people or unusual items brought into the store.

Speaking in favor is James O’Neill, 80 Orlando Drive, North Providence, RI.

Mr. O’Neill states that all people selling items must be 18 years of age or older and they will be scrutinizing everything.

There are no other speakers.

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 SECOND HAND SHOP LICENSE of Joanmarie O’Neill d/b/a Top Dollar Gold Buyers, 572 Smithfield Avenue, Tax Assessor’s Plat 49, Lot 736, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used general merchandise. LIC#40174

Petition for SECOND HAND SHOP LICENSE of Lorraine Perez d/b/a Lorraine’s Resale Shop, 451 Power Road, Tax Assessor’s Plat 49, Lot 413, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used clothing, furniture, misc. merchandise, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Lorraine Perez, 14 Jackson Avenue, Riverside, RI.

Ms. Perez states that she has been in the business for three years without any problems. The hours will be from 10:00 am - 4:30 pm.

There are no other speakers.

The Hearing is closed.

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

Petition for SECOND HAND SHOP LICENSE of Lorraine Perez d/b/a Lorraine’s Resale Shop, 451 Power Road, Tax Assessor’s Plat 49, Lot 413, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used clothing, furniture, misc. merchandise. LIC#40175

THE CHAIR RECOGNIZES COUNCILOR HODGE.

With unanimous consent of the Council, upon Motion made by Councilor Hodge, seconded by Councilor Kinder, the following resolution which was laid on the table at the meeting held March 8, 1995, is again taken up and is approved on a roll call vote, as follows:

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

Noes - Councilors Demopulos and Moran.

588      RESOLUTION SUPPORTING 95-S 625 "AN ACT VALIDATING CERTAIN PROVISIONS OF THE HOME RULE CHARTER ADOPTED BY THE CITY OF PAWTUCKET."

COUNCIL PRESIDENT BARRY LEAVES AT 10:04 P.M. AND COUNCIL PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.

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

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

Noes - 0

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF JUSTIN F. FARIA.

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

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 1878 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, OTHERWISE KNOWN AS SECTION 4-32 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (1966), REGARDING THE CONTROL OF DOGS AND OTHER ANIMALS.

COUNCIL PRESIDENT BARRY RETURNS AND PRESIDES AT 10:08 P.M.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

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

The Clerk is instructed to send a communication to Michael Burns, Traffic Engineer, to inform him that the Council will give second passage to an ordinance prohibiting dogs on athletic fields, at their next meeting on April 19, 1995; and to ask that he begin making up the appropriate signs to be displayed at all athletic fields in the City, so they can be put up as soon as the ordinance is passed.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

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

The Clerk is instructed to send a communication to Michael Burns, Traffic Engineer, to request that he prepare a cost estimate to put up "no littering" signs on all the major roads in the City. The Council has not received his response to their previous request on this matter.

THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE (FIRST CLASS)

Modern Diner Inc., (transfer 50% stockholder) 366 East Avenue, LIC#360

THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:

PAWN SHOP (NEW)

Joanmarie O’Neil d/b/a Top Dollar Gold Buyers, 572 Smithfield Avenue, LIC#1063

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

AUTO REPAIR SHOP (RENEWALS)

BTS Co. Inc. d/b/a The Tire & Service Store, 580 Pawtucket Avenue, LIC#30011

C J’s Auto Services Inc., 556 Main Street, #30017

Edward Imondi d/b/a Continental Auto Sales, 1117 Central Avenue, LIC#30155

Francis A. Laramee d/b/a Lonsdale Tire & Auto, 236 Dexter Street, LIC#30152

Antonio J. Marques d/b/a Tony & Sons Auto Service, 551 Central Avenue, LIC#30069

Prime Auto Brokers Inc., 888 Central Avenue, LIC#30129

James F Robbins d/b/a Jim’s Auto Sales, 1153 Central Avenue, LIC#30099

PEDDLERS LICENSE (RENEWAL)

BUSINESS:

B.B.S. Ent. Inc d/b/a Del’s Lemonade, 446 Central Avenue, LIC#9

Dino Campopiano, 16 Audubon Street, Johnston, RI.

LOCATION: Park Place, Octoberfest, Steamboat Muster, Heritage 4th July Fireworks, Church Festival, Roosevelt Avenue, Delta Drive and School Street. David Campopiano, Jr., 16 Audubon Street, Jonhston, RI. LOCATION: Park Place, Octoberfest, Steamboat Muster, Heritage 4th July Fireworks, Church Festival, Roosevelt Avenue, Delta Drive and School Street.

SECOND HAND SHOP (RENEWALS)

C J’s Auto Services Inc., 556 Main Street, LIC#40017

Edward Imondi d/b/a Continental Auto Sales, 1117 Central Avenue, LIC#40143

Francis A. Laramee d/b/a Lonsdale Tire & Auto, 263 Dexter Street, LIC#40137

Prime Auto Brokers Inc., 888 Central Avenue, LIC#40080

James F Robbins d/b/a Jim’s Auto Sales, 1153 Central Avenue, LIC#40086

VICTUALLING HOUSE (FIRST CLASS) NEW

George M. Pedro & Michael A. Pelosi d/b/a Cam’s Roast Beef, 560 Broadway, LIC#363

YEARLY BINGO

Blackstone Valley Chapter RIARC, One Dunnell Lane, Saturday between 4:00 pm - 11:00 pm (additional day) LIC#1064

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

Arthur Brunelle - $598.89

Christopher Campagnone - $176.00

Oteeven E. Diggs - No amount specified

Joseph A. Lewis - $151.00

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

The Clerk is instructed to send a communication to Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, requesting that he do an inspection at 158 Cameron Street.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

The Clerk is instructed to send a communication to Ronald J. Leitao, Acting Director of Public Works, requesting that he inspect pole #5 on Clarner Street to determine if putting up a street light on that pole is warranted.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

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

The Clerk is instructed to send a communication to Ronald J. Leitao, Acting Director of Public Works, requesting that he respond to the letter to Fred Ihenacho, which Mr. Ihenacho did not get a chance to respond to prior to his leaving the employ of the city, regarding street lighting in the city.

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at ten seventeen o’clock p.m. in memory of Beatrice Gregorio-Vido and Sister Carol McGovern.

April 5, 1995 - Regular City Council Session
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