City Council, January 25, 1995
A regular session of the City Council is held Wednesday, January 25, 1995, at eight two o’clock p.m. All the members are present and President Barry presides.
The reading of the records of January 11, 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:
C. Communication from Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to President John J. Barry, III, and the Members of the Pawtucket City Council. (Installation of an illuminated sign at 520 Newport Avenue)
610 **I. Communication from William T. Noonan, Director of Public Safety, to Councilor William Vieira, Sr., and Pawtucket City Council. (Placing a crossing guard at Power Road and Nathanael Avenue)
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN:
Communication from His Honor, Mayor Robert E. Metivier, submitting the following appointment as a member of the City Planning Commission FOR CONFIRMATION:
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
Joseph F. Clifford, Jr., 11 Columbia Avenue (to fill unexpired term of Charles Agaty). Term expires the first Monday in January, 1998.
Communication from His Honor, Mayor Robert E. Metivier, submitting the following appointment as a member of the Board of Appeals FOR CONFIRMATION:
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 APPEALS
David Azevedo, 44 Oneida Street (to fill unexpired term of David G. Barros). Term expires the first Monday in January, 1996.
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Andrade L & L Sunoco Co., d/b/a L & L Sunoco (previously L & L Sunoco Inc) 736 Broadway, Tax Assessors Plat 5, Lot 489, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used parts and repairing automobiles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Applicant, Ermelindo Andrade, 164 Cottage Street, Central Falls, RI.
Mr. Andrade states that this is his first time in this business.
The hours will be from 8:30 a.m. - 4:30 or 5:00 p.m.
Mr. Andrade states that he will have two employees and himself
There will be no painting, stripping, or selling cars. Used parts will be kept inside.
Speaking in favor is Beverly Carciers, 46 Amey Street, Pawtucket, RI.
Ms. Carciers states that she has been on Broadway for 40 years and there has been no problems there.
Speaking in opposition is John McCarthy, 44 Amey Street, Pawtucket, RI.
Mr. McCarthy states that he has been there for 65 years and everything was fine, but now he is concerned about junk cars and junk parts. He doesn’t object to using used parts to repair cars.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Moran, seconded 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 Andrade L & L Sunoco Co., d/b/a L & L Sunoco (previously L & L Sunoco Inc) 736 Broadway, Tax Assessors Plat 5, Lot 489, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used parts and repairing automobiles. LIC#30173 & #40163
Petition for SECOND HAND SHOP LICENCE of Beau Video Ltd., d/b/a Beau Video, 171 Pawtucket Avenue, Tax Assessor’s Plat 54, Lot 648, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used videos, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Tom Beaucage, Sr., 134 Rhode Island Avenue, and Tom Beaurcage, Jr., 35 Exeter Avenue, Pawtucket, RI.
Tom Beaucage, Sr., states that the hours will be from 10:00 am 10:00 pm Monday - Saturday and Sunday 12:00 Noon - 10:00 p.m. There will be movie rentals and there will be no back entrance.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Hodge, seconded by Councilor Bray, the following application from license is GRANTED on a unanimous voice vote:
Petition for SECOND HAND SHOP of Beau Video Ltd., d/b/a Beau Video, 171 Pawtucket Avenue, Tax Assessor’s Plat 54, Lot 648, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used videos. LIC#40162
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
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION TO APPROVE THE MAINTAINING OF RESTRICTED FUND ACCOUNTS BY THE DIRECTOR OF PARKS AND RECREATION.
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 Jack Rahill, Director of Finance, regarding the memo from Bill Mulholland to Ralph Mangiante on several funds under the control of the Parks and Recreation Department.
Councilor Hodge would like to know two things. First, is the money in these accounts earning interest for the City; and second, why Mr. Mulholland had to inform the Finance Department which accounts he had and how much was in them? He specifically wanted to know why the Finance Department did not have this information.
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 Mayor Robert E. Metivier, regarding the public hearings that the Planning Department is having on the CDBG money.
Councilor Rabbitt is asking that if any of that money is eligible to be spent in the first, second or third districts, that he instruct Mike Cassidy to hold a public hearing in one of those districts.
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 John T. Gannon, City Solicitor, to ask if restricted fund accounts are legal in the City of Pawtucket.
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
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following entitled communications and resolution:
Upon Motion made by Councilor Doyle, seconded by Councilor Kinder, the following communications are Read and Ordered Filed and the following resolution is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Communications from David L. Quinn, II, Tax Assessor, to Member of the Pawtucket Council Members. (Taxes on Manufactures Equipment)
RESOLUTION APPROVING THE ABATEMENT OF TAXES ON MANUFACTURES EQUIPMENT, THE SUM OF $28,697.81.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication and resolution:
Communication from William T. Noonan, Administrative Assistant, to Members of the Pawtucket City Council. (Housing Community Policing Fund)
RESOLUTION TO APPROVE THE MAINTAINING OF RESTRICTED FUND ACCOUNTS BY THE DIRECTOR OF PUBLIC SAFETY.
Upon Motion made by Councilor Hodge, seconded by Councilor Kinder, the following communication is Read and Ordered Filed and the following resolution is LAID ON THE TABLE on a unanimous voice vote:
Communication from William T. Noonan, Administrative Assistant, to Members of the Pawtucket City Council. (Housing Community Policing Fund)
RESOLUTION TO APPROVE THE MAINTAINING OF RESTRICTED FUND ACCOUNTS BY THE DIRECTOR OF PUBLIC SAFETY
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Council Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to William T. Noonan, Administrative Assistant, regarding the "Housing Community Policing Fund." The Councilor would like to know specifically how much money is in the fund; how much money has been spent from the fund; what it was for; how specifically the money is used for the children at Galego Court and 560 Prospect Street; and any paperwork from the federal government regarding this money.
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, Moran, Rabbitt and Vieira.
Noes - 0
Abstain - Councilor Kinder.
Councilor J. Raymond Kinder Abstains based on his statement that "I am employed as a florist in a local flower shop" (report filed)
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 - 0
Abstain - Councilor Demopulos.
Councilor George Demopulos Abstains based on his statement that "Upon recommendation of legal department, I abstain due to the fact that I own shares in Philip Morris, Inc., a cigarette manufacturer." (report filed)
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
ORDINANCE IN AMENDMENT OF CHAPTER 2024 ENTITLED "AN ORDINANCE CREATING NEW PENALTIES FOR TRAFFIC VIOLATIONS." (Approved activities)
Submitted by: Councilor J. Raymond Kinder, Councilor-at-Large
ORDINANCE ENTITLED "LIABILITY OF THE CITY FOR PROPERTY DAMAGE SUSTAINED FROM DEFECTIVE ROADS."
THE FOLLOWING APPLICATIONS FOR LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD DECEMBER 7 and 16, 1994, AND JANUARY 11, 1995, AND ARE AGAIN TAKEN UP AND ARE LAID ON THE TABLE:
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 HODGE.
With majority consent of the Council, the following Motion made by Councilor Hodge, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Stephen J. Durand, Chairperson of the Pawtucket Parks Commission, to ask that the Parks Commission return all proposals on the Slater Park Zoo to the Council until a land use study is completed.
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 John T. Gannon, City Solicitor, requesting a legal opinion regarding property donated to the City of Pawtucket. Specifically, the Councilor would like to know if the School Department has the authority to accept any property on behalf of the City or does it have to be referred to the City Council for approval.
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS)
J & D Social Club, Inc., (transfer from Theatre Tap A.C.) 567 Smithfield Avenue, LIC#355
*THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
Petition of Friends of Pack 28, for license to conduct dance at St. Cecilia’s Church Hall on Saturday, February 11, 1995, from 8:00 pm - 1:00 am LIC#M949
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Vincent R. Duffy - No amount specified
Eastern Utilities BVEC - $344.01
Stasia Harchut - $95.00
Tracy A. Feighery - $1,155.55/1,143.50 + Car rental
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilors Rabbitt and Hodge, is passed on a unanimous voice vote:
The claims for people whose cars were parked and towed during President Clinton’s visit, which were Denied and Referred to the State Democratic Committee are to be placed on the next Claims Committee Agenda with the Council’s recommendations to be approved for payment.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT FOR FURTHER REVIEW:
Claim of Elsa Amaral Administratrix of the estate of John C. Amaral of the minor children, by Attorney Leonard Decof, in the amount of $8,000,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED:
Claim of Micheline A. Laythe, in the amount of $186.00
Claim of Ryan Leveille, in the amount of $98.73
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIY FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT SCHOOL DEPARTMENT:
Claim of Joseph Peloquin, by Attorney John K. Windecker, in no amount specified.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT WATER SUPPLY BOARD:
Claim of RI Carpenters DC, in the amount of $470.30
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 communciation to William Mulholland, Director of Parks and Recreation, requesting a general maintenance plan for the parks system in the City of Pawtucket. The Council wanted to inform him that they believe it is intolerable that they have not been able to get a general maintenance plan for the parks over the last four years.
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 Ferdinand A. Ihenacho, Director of Public Works, to ask that he forward to Councilor Rabbitt the files on the Condominium Study the Public Works Department recently completed.
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 Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, regarding Plat 34, Lots 252 and 253.
The Councilor is concerned that the fence which is going up on that property will be splitting up those lots, and Councilor Rabbitt wants Mr. Rendine to determine whether placing that fence there is legal or not.
COUNCIL PRESIDENT BARRY STEPS DOWN FROM THE CHAIR AT 9:21 PM AND COUNCILOR VIEIRA PRESIDES.
THE CHAIR RECOGNIZES COUNCIL PRESIDENT BARRY.
With majority consent of the Council, the following Motion made by Council President Barry, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Susan Reed, Director of the Pawtucket Public Library, to forward copies of the "Jerusalem Post" and the "Jerusalem Report" and to ask that she consider getting subscriptions to these magazines and keeping them on file at the Library.
COUNCIL PRESIDENT BARRY PRESIDES AT 9:24 PM.
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 Richard E. DeLyon, Chief of Police, to ask if any "no littering violations" were given out, or fines collected, during the past twelve months.
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, regarding "no littering" signs. The Council would like him to design a potential sign for the City of Pawtucket, and do a cost analysis of putting up signs on all the main thoroughfares in the City.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder the meeting is adjourned at nine twenty-seven o’clock p.m.