October 25, 1995 - Regular City Council Session

City Council, October 25, 1995

A regular session of the City Council is held Wednesday, October 25, 1995, at eight seven o’clock p.m. All the members are present and President Barry presides.

The reading of the records of October 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:

028      A.        Communication from Richard J. Goldstein, City Clerk, to all Members of the Pawtucket City Council. (Rehabilitation Loan Program)

028      B.         Communication from Edward Imondi, to Richard J. Goldstein, City Clerk. (No longer in business at 1117 Central Avenue)

624      C.        Communication from Joseph Roque, Purchasing Agent, to Members of the Pawtucket City Council. (Emergency Purchase Orders/September)

592      D.        Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Members of the Pawtucket City Council. (Pawtucket Comprehensive Plan as Amended Resolution for transmittal to State of Rhode Island)

632      E.         Communication from Michael Woika, Chief Engineer, Pawtucket Water Supply Board, to Richard J. Goldstein, City Clerk. (Residency requirement)

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

589      Ann L. Hogan, 65 Carter Avenue. (to fill the unexpired term of James R. Harrington, III) Term expires the first Monday in July, 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

ETHICS COMMISSION

Ann L. Hogan, 65 Carter Avenue. (to fill the unexpired term of James R. Harrington, III) Term expires the first Monday in July, 1997.

589      Communication from His Honor Mayor Robert E. Metivier, submitting the following appointment as a member of the Charter Review Commission FOR CONFIRMATION:

Raymond Rossi, 45 Oakdale Avenue. (to fill the term of Ann-Marie McGee) 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

CHARTER REVIEW COMMISSION

Raymond Rossi, 45 Oakdale Avenue. (to fill the term of Ann-Marie McGee).

617      Communication from Ann M. Hollands, M.A.I., Assistant Director, Department of Transportation, to Richard J. Goldstein, City Clerk. (Disposition of Surplus State Land Plat 323 Parcel 5) is READ AND ORDERED FILED AND THE CITY WAIVES ITS OPTION TO PURCHASE THIS LAND.

617      Communication from Ann M. Hollands, M.A.I., Assistant Director, Department of Transportation, to Richard J. Goldstein, City Clerk. (Disposition of Surplus State Land Plat 1173 Parcel (s) 19, 20, 21, 26) is READ AND ORDERED FILED AND THE CITY WAIVES ITS OPTION TO PURCHASE THIS LAND.

609      Petition from Mary C. Hanley, E/P Manager - Right of Way, New England Telephone Company, to Richard J. Goldstein, City Clerk. (proposed joint pole location on Owen Avenue) is APPROVED PENDING APPROVAL OF DIRECTOR OF PUBLIC WORKS.

THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETING HELD OCTOBER 11, 1995, AND IS AGAIN TAKEN UP:

Petition from Mary C. Hanley, E/P Manager - Right of Way, New England Telephone Company, to Richard J. Goldstein, City Clerk. (Charlton Street - pole and anchor location)

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

613      Communication from John T. Gannon, City Solicitor, to Councilor Thomas Hodge. (NYNEX pole, Berry Spring Street)

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

Communication from John T. Gannon, City Solicitor, to Councilor Thomas Hodge. (NYNEX pole, Berry Spring Street)

THE CHAIR RECOGNIZES COUNCILOR HODGE.

Upon motion made by Councilor Hodge, the following petition is once again LAID ON THE TABLE on a unanimous voice vote.

Petition from Mary C. Hanley, E/P Manager - Right of Way, New England Telephone Company, to Richard J. Goldstein, City Clerk. (Charlton Street - pole and anchor location)

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 unanimous voice vote:

The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, regarding the illegal installation of a telephone pole on Charlton Street.

The Council would like him to determine if any revenue is being generated to either Nynex or New England Communications by having that pole provide power to the communications tower. If there are, they would like Mr. Gannon to investigate to determine if the city can recoup any of those revenues from either company for the illegal installation.

THE FOLLOWING COMMUNICATIONS WERE LAID ON THE TABLE AT THE MEETING HELD OCTOBER 11, 1995, AND ARE AGAIN TAKEN UP AND ARE REFERRED TO THE ORDINANCE COMMITTEE:

Communications from Dr. Emile M. Chevrette, Superintendent of Schools, to Mayor Robert E. Metivier. (Request for residency waivers for teaching positions)

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 John T. Gannon, City Solicitor, regarding the temporary waivers of the residency requirement that he informed the Council would be legal.

The Council is concerned that if a waiver was given to a school teacher for six months or longer, there may be a problem in removing that teacher for failure to comply if they then had union protection for their jobs. The Council would like Mr. Gannon’s opinion on this matter.

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 Paul Wildenhain, Chairman of School Committee, informing him of the Council’s decision to refer the request of Dr. Chevrette for waivers of the residency requirement to the Ordinance Committee and requesting that the Committee meet with up to three members of the School Committee, up to two members of the School Administration and Jack Gannon to discuss this matter further.

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 William T. Noonan, Director of Public Safety, and Jack Rahill, Finance Director, regarding the Lighthouse Group.

The Council would like to know if there is a contract with this company collecting money from rescue runs. If there is, the Council would like to know if they have approved it; was it put out to bid; and what is the monetary value of the contract or the percentage of collection they receive.

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jose L. Ruiz d/b/a Macana Auto Repair, 539 Main Street, Tax Assessor’s Plat 53, Lot 435, to keep a shop for repairing automobiles and for selling used auto parts, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Jose Ruiz, 56 Aden Street, Providence, RI, and Evelyn Gonzales 23 Commodore Street, Providence, RI.

Mr. Ruiz states that the place is between Morris Novelty and the Cemetery.

There will be general auto repair work only. There will be no auto body or painting.

The hours will be from 8:00 am - 4:00 pm., five days a week.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilor Vieira, seconded by Councilor Bray, the following petitions are GRANTED on a unanimous voice vote, with the following stipulation:

*STIPULATION

1.         No auto body work or painting.

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jose L. Ruiz d/b/a Macana Auto Repair, 539 Main Street, Tax Assessor’s Plat 53, Lot 435, to keep a shop for repairing automobiles and for selling used auto parts. LIC#30195 & #40192

Petition for SECOND HAND SHOP LICENSE of Richard Costa d/b/a Dick’s Sports Cards and Collectibles, 512 Armistice Boulevard, Tax Assessor’s Plat 18, Lot 853, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, new and used sports cards and collectibles, 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 Doyle, Seconded by Councilor Rabbitt, the following petition is LAID ON THE TABLE and the applicant is requested to attend a next City Council meeting to answer any questions.

Petition for SECOND HAND SHOP LICENSE of Richard Costa d/b/a Dick’s Sports Cards and Collectibles, 512 Armistice Boulevard, Tax Assessor’s Plat 18, Lot 853, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, new and used sports cards and collectibles.

COUNCILORS KINDER AND VIEIRA LEAVE THE COUNCIL CHAMBER AT 8:37 PM.

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

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

Noes - 0

588      RESOLUTION ADOPTING THE COMPREHENSIVE PLAN AND REPLACING IN ITS ENTIRETY THE MASTER PLAN OF 1965, AS AMENDED.

COUNCILOR KINDER RETURNS AT 8:40 PM.

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

ORDINANCE IN AMENDMENT OF CHAPTER 2399 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Workers’ Compensation/Legal Administrator)

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 Mayor Robert E. Metivier, regarding the status of the affirmative action plan.

The Council would like to know if the Mayor has the plan in his possession; what he intends to do with it, and can the Council have copies of it.

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 John T. Gannon, City Solicitor, requesting the current status of the Veteran’s Monument litigation and what future course of action the City intends to take on this matter.

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 John T. Gannon, City Solicitor, regarding the Foxy Lady billboards in the city of Pawtucket.

The Council would like to know what, if anything, the City can do to have them removed.

THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD OCTOBER 11, 1995, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE UNTIL THE DECEMBER 20, 1995, CITY COUNCIL MEETING, ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE (FIRST CLASS) NEW

Bob Tsapanidis d/b/a Classic Restaurant, 196 Division Street, LIC#378

COUNCILOR VIEIRA RETURNS AT 8:43 PM.

THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE (FIRST CLASS)

Club Crescendo Inc (50% change in Stockholders) 682-684 Roosevelt Avenue, LIC#33

VICTUALLING HOUSE (FIRST CLASS)

Dean Properties Inc. d/b/a Central Avenue Grill (previously Joseph DeAngelis d/b/a Central Avenue Grill) 836-838 Central Avenue, LIC#381

THE FOLLOWING LICENSE IS GRANTED WITH ALL PREVIOUS STIPULATIONS RETAINED ON A UNANIMOUS VOICE VOTE:

FLEA MARKET (RENEWAL)

Jean B. Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market) 360 Broad Street, (portion of former train station) LIC#1073

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

PUBLIC LAUNDRY

Budz Suds Incorporated d/b/a Budz Suds Laundromat, (previously J C Laundromat, Ltd) 611 Smithfield Avenue, LIC#A0051

VICTUALLING HOUSE (FIRST CLASS) NEW

Pawtucket Lion Pizza Inc., d/b/a Pawtucket Lion Pizza, 197 Mineral Spring Avenue, LIC#386

VICTUALLING HOUSE (SECOND CLASS) NEW

Ann Marie Alarie d/b/a Coffee etc., 686 Central Avenue, LIC#387

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

Joseph E. Koppelman, Inc. - $1,004.78

Karen E. Marchessault - $50,000.00

Supervalu c/o Capstone Properties - $3,450.00 + any costs of concealed damages.

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

Noes - Councilor Demopulos.

Claim of Patrick C. Brown, in the amount of $410.37

Claim of George Flanagan, in the amount of $62.42

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 Nelson Monteiro, by Attorney Gary E. Blais, in the amount of $50,000.00.

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 Ronald Leitao, Acting Director of Public Works, regarding sign stubs throughout the City.

The Council has received many claims from people who have tripped over these stubs from signs which have either been removed or been broken. The Council would like him to check with Mike Burns to get a detailed listing of wherever these stubs are and do whatever is necessary to have them removed.

THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.

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

The Clerk is instructed to send a communication to Ronald Leitao, Acting Director of Public Works, Mike Burns, Traffic Engineer, and Mike Cassidy, Director of Planning and Redevelopment, to ask what program is in place for the replacement of old and faded street signs.

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

October 25, 1995 - Regular City Council Session
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