February 8, 1995 - Regular City Council Session

City Council, February 8, 1995

A regular session of the City Council is held Wednesday, February 8, 1995, at eight ten o’clock p.m. All the members are present except Councilor Bray and President Barry presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE THE PRE-COUNCIL AGENDA.

THE COUNCIL RECONVENES AT EIGHT THIRTY-TWO O’CLOCK P.M.

The reading of the records of January 25, 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:

614 A. Communication from Ferdinand C. Ihenacho, P.E., Director of Public Works, to Pawtucket City Council. (Alleged Littering During Curbside Garbage Collection)

028 B. Communication from Patricia A. Valliere, CMC, Town Clerk, Town of Richmond, to Pawtucket City Council. (Educational Financial Support)

622 C. Communication from Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to Council President John J. Barry, III, and the Members of the Pawtucket City Council. (Installation of a new fence at Plat 38B, Lots 252 and 253)

028 **E. Communication from Senator Tom Coderre, to Council President John J. Barry, III. (Municipal Police Court/Municipal Housing Court)

611 F. Communication from Jack Rahill, Finance Director, to Councilor Tom Hodge. (Funds for Parks and Recreation Department)

15 G. Communication from Susan L. Reed, Director of the Pawtucket Library, to Members of the Pawtucket City Council. (Jerusalem Post and the Jerusalem Report)

126 I. Communication from Bill Mulholland, Director of Parks & Recreation, to Pawtucket City Council. (City Wide Parks Maintenance Plan)

589 K. Communication from Mayor Robert E. Metivier, to Members of the Pawtucket City Council. (Correcting the term of appointment of David Azevedo to expire the first Monday in January, 2000; and stating that Mr. Azevedo will be serving as Second Alternate to the Board and not as the replacement for David G. Barros)

613 M. Communication from Frank J. Milos, Jr., Assistant City Solicitor, to Councilor Thomas E. Hodge, and Pawtucket City Council. (Legality of Restricted Fund Accounts)

611 N. Communication from Jack Rahill, Finance Director, to Council President John J. Barry, III. (Budget Transfer Ordinance)

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

611 D. Communication from Jack Rahill, Finance Director, to Councilor James Doyle. (FY96 City Budget) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

With majority consent of the Council, the following Motion made by Councilor Doyle, 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, regarding the budget procedure for this upcoming Fiscal Year.

Councilor Doyle wanted to inform him that, as they did last year, the Council will not get involved in putting together the budget; they will only become involved once the budget is presented to them, at which time they will call hearings with all the department heads to explain their budget requests.

589 H. Communication from Elizabeth R. Montalbano, to Mayor Robert E. Metivier. (Resignation from the Pawtucket Board of Appeals) is READ AND ORDERED FILED.

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 prepare for the next meeting a resolution of thanks for Elizabeth Montalbano for her service to the City as a Member of the Board of Appeals.

610 J. Communication from William T. Noonan, Director of Public Safety, to Councilor James E. Doyle and Pawtucket City Council. (Housing Community Policing Fund) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

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

The Clerk is instructed to send a communication to Roland Mousally, Executive Director of the Pawtucket Housing Authority, regarding the memo sent to Mayor Robert E. Metivier, dated May 27, 1994.

First, Councilor Doyle would like to know what the reason is that the Housing Authority is making payments in lieu of taxes to the City.

Second, the memo states that Mr. Mousally hopes a portion of the money will be used for the Community Policing Unit. The Councilor would like to know what the rest of the money is to be used for.

Finally, Councilor Doyle would like any paperwork from the Federal Government regarding this payment.

613 L. Communication from Frank J. Milos, Jr., Assistant City Solicitor to Councilor Thomas E. Hodge, and Pawtucket City Council. (School Department - Authority to Accept Property) 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 Demopulos, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Mayor Robert E. Metivier, to ask if he has received a formal request from either Horvitz Realty Corporation, or the Pawtucket School Department to accept a donation of the industrial building at 345 Barton Street to be used by the School Department. If so, the Council is interested in the Mayor’s recommendation on this matter.

592 Communication from Michael D. Cassidy, Secretary of Pawtucket City Planning Commission, to Pawtucket City Council. (Offer of State Land on Newport Avenue) is READ AND ORDERED FILED AND THE RECOMMENDATION NOT TO PURCHASE THE STATE LAND IS APPROVED.

Communication from His Honor Mayor Robert E. Metivier, submitting the following appointment as a member of the Board of Appeals FOR CONFIRMATION:

589 Russell J. Ferland, P. E., 126 Slater Park Avenue (to fill unexpired term of David G. Barros). Term expires first Monday in January, 1996 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 Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

BOARD OF APPEALS

Russell J. Ferland, P.E., 126 Slater Park Avenue (to fill unexpired term of David G. Barros). Term expires first Monday in January, 1996.

Communication from His Honor Mayor Robert E. Metivier, submitting the following appointment as a member of the Board of Appeals FOR CONFIRMATION:

Marilyn Shannon McConaghy, 11 Massasoit Avenue. Term expires the first Monday in January, 2000 is READ AND ORDERED FILED.

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

Noes - 0

BOARD OF APPEALS

Marilyn Shannon McConaghy, 11 Massasoit Avenue. Term expires the first Monday in January, 2000.

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

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

Noes - 0

RESOLUTION TO APPROVE THE MAINTAINING OF RESTRICTED FUND ACCOUNTS BY THE DIRECTOR OF PARKS AND RECREATION.

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

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

Noes - 0

RESOLUTION TO APPROVE THE MAINTAINING OF RESTRICTED FUND ACCOUNT BY THE DIRECTOR OF PUBLIC SAFETY, HOUSING COMMUNITY POLICING FUND.

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

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

Noes - 0

RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF AURORA L. BAPTISTA.

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

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

Noes - 0

032 RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF FRANCIS KESSELLY.

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

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

Noes - 0

032 RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF JOANNA LEITE.

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

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

Noes - 0

588 RESOLUTION IN SUPPORT 95-S 159 "AN ACT RELATING TO THE CITY OF PAWTUCKET--MUNICIPAL POLICE COURT-MUNICIPAL HOUSING COURT."

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

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

Noes - 0

635 RESOLUTION APPROVING THE INDENTURE OF LEASE BETWEEN THE PAWTUCKET LIBRARY AND THE PAWTUCKET ARTS COUNCIL FOR OFFICE SPACE FORMERLY CALLED LIBRARY BUSINESS OFFICE, LOCATED ON THE BASEMENT FLOOR OF THE PAWTUCKET PUBLIC LIBRARY BURNS BUILDING.

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

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 2325 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ENTITLED ‘JUVENILE HEARING BOARD."

THE CHAIR RECOGNIZES COUNCILOR KINDER.

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

589 Communication from David G. Barros, to Pawtucket City Council. (Resignation from Zoning Board)

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

Communication from David G. Barros, to Pawtucket City Council. (Resignation from Zoning Board)

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE WITH A RECOMMENDATION FOR APPROVAL BY THE ORDINANCE COMMITTEE:

ORDINANCE IN AMENDMENT OF SECTION 20.1 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1966, ALSO KNOWN AS CHAPTERS 1369 AND 2150 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RELATING TO NOISE REGULATIONS. (Adding Police Powers)

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:

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

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

Communication from Frank J. Milos, Jr., Assistant City Solicitor, to Councilor Thomas E. Hodge. (Housing Standards Code - Notice to Mortgagees)

ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY SECTION 12-33 (a) OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (1966) ENTITLED "NOTICE OF VIOLATION" (Ch. 901, 4, 5-9-63; Ch. 1424, 2, 10-25-73; Ch. 1758, 1, 5-21-81)

Upon Motion made by Councilor Hodge, seconded by Councilor Kinder, the following Communication is READ AND ORDERED FILED and the following Ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote.

Communication from Frank J. Milos, Jr., Assistant City Solicitor, to Councilor Thomas E. Hodge. (Housing Standards Code - Notice to Mortgagees)

Communication from Norman K. James requesting that the applications for Second Hand Shop and Sunday Sales Licenses of Norman K. James d/b/a Norm’s Hotel Liquidators, be changed to Norm’s Hotel Liquidators Inc., with Mr. James J. Lombardi, Jr. as sole stock holder is READ AND ORDERED FILED.

THE FOLLOWING APPLICATION FOR LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD JANUARY 25, 1995, AND ARE AGAIN TAKEN UP:

SECOND HAND SHOP LICENSE (NEW)

Norman K. James d/b/a Norm’s Hotel Liquidators, 297 Barton Street, LIC#40161

SUNDAY SALES (SECOND CLASS) NEW

Norman K. James d/b/a Norm’s Hotel Liquidators, 297 Barton Street, LIC#20237

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

With majority consent of the Council, the applications for Second Hand Shop License and Sunday Sales License are amended to change the applicant from Norman K. James d/b/a Norm’s Hotel Liquidators, to Norm’s Hotel Liquidators, Inc., with Mr. James J. Lombardi, Jr. as sole stock holder, on a unanimous voice vote.

THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:

SECOND HAND SHOP LICENSE (NEW)

Norm’s Hotel Liquidators, Inc., 297 Barton Street, LIC#40161

SUNDAY SALES (SECOND CLASS) NEW

Norm’s Hotel Liquidators, Inc., 297 Barton Street, LIC#20237

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

POOL TABLE (RENEWAL)

2nd Ward Independent Club, 409 Cottage Street, (1) Weekdays & Sundays, LIC#G0023

Stooge’s Inc., d/b/a Stooge’s Pub, 90 Broad Street, (1) Weekdays & Sundays, LIC#G0025

THE CHAIR RECOGNIZES COUNCILOR KINDER.

With majority consent of the Council, Councilor Kinder introduces the following claim:

Claim of Kara Graham, in the amount of $456.64.

Upon Motion made by Councilor Kinder, seconded by Councilor Moran, the following claim is TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT.

Claim of Kara Graham, in the amount of $456.64.

THE CHAIR RECOGNIZES COUNCILOR KINDER

With majority consent of the Council, Councilor Kinder resubmits the following claim:

Claim of Lisa & Nicholas Vitacca, in the amount of $1,033.02.

Upon Motion made by Councilor Kinder, seconded by Councilor Moran, the following claims is RESUBMITTED BACK TO THE CLAIMS COMMITTEE:

Claim of Lisa & Nicholas Vitacca, in the amount of $1,033.02.

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

Joseph T. McGrath, Jr. - $45,000.00

Erick Berrio - No amount specified

James J. Reid - $ 50.00

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