September 20, 1995 - Regular City Council Session

City Council, September 20, 1995

A regular session of the City Council is held Wednesday, September 20, 1995, at eight fifteen o’clock p.m. All the members are present and President Barry presides.

The reading of the records of August 31, 1995, and September 6, 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 Bruce H. Young, Director of Collections, to Richard J. Goldstein, City Clerk. (Tax Club for excise taxes)

613      C.        Communication from Christopher E. Fay, Assistant City Solicitor, to Richard J. Goldstein, City Clerk. (CM Teens, Inc.)

061      D.        Communication from Jack Rahill, Finance Director, to Members of the Pawtucket City Council. (Fiscal period from July 1, 1995 through August 31, 1995)

3          E.         Communication from James McDonald, to Mayor Robert E. Metivier. (Inspection of School buildings)

1          **F.     Communication from Richard E. DeLyon, Chief of Police, to Richard J. Goldstein, City Clerk. (Curfew)

592      I.          Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Members of the Pawtucket City Council. (Impact of the Registry)

616      K.        Communication from Michael E. Burns, Traffic Engineering Supervisor, to Pawtucket City Council. (Littlefied Street traffic volumes)

614      L.         Communication from Ronald J. Leitao, Acting Director of Public Works, to Pawtucket City Council. (Weeds)

622      M.        Communication from Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to Council President John J. Barry, III. (Inspection of all Pawtucket Schools)

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

628      B.         Communication from Albertino L. Vicente, Human Services Director, to Councilor David Moran. (Affirmative Action Plan) 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 John T. Gannon, Esq., City Solicitor, regarding the status of the Affirmative Action Plan for the City.

Albertino Vicente, Human Services Director, in his communication, states that several changes have been made to the original Plan, and because of said changes, the Council would like to know if it is necessary for the Affirmative Action Committee to review and approve the corrected Plan. If so, will it be necessary to have the document re-signed by the committee before the Affirmative Action Plan can be put into place.

624      G.        Communication from Joseph Roque, Purchasing Agent, to Members of the City Council. (Emergency purchase orders/August) 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 Moran, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to William Mulholland, Director of Parks and Recreation, regarding an "Emergency" purchase order for work done to Max Read Filed.

The Council feels that the cost to renovate the Max Read Football/Soccer Field is high, and is asking for the following information:

1.         What caused the problem which lead to such extensive renovations?

2.         Why are the fields in such poor condition?

3.         Why was existing turf removed?

4.         Was the problem due to lack of maintenance at the fields?

1          H.        Communication from Commander Robert Morris, to Pawtucket City Council. (Closing of a portion of Mineral Spring Avenue to all traffic) 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 Hodge, is passed on a unanimous voice vote:

The Clerk is instructed to contact Michael Burns, Traffic Engineer, Ronald J. Leitao, Acting Director of Public Works, and Commander Robert Morris, regarding the feasibility of detouring traffic through the parking lots of two businesses on Mineral Spring Avenue during construction.

592      J.          Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Members of the Pawtucket City Council. (Slater Memorial Park Projects) 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 Kinder, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, regarding the "Slater Memorial Park Maintenance Management Plan," which was submitted to the Council.

The Council is requesting that Mr. Cassidy, Mr. Mulholland, Director of Recreation, and the working foreman at Slater Park, attend a pre-council meeting on Wednesday, October 11, 1995, to answer the following questions.

1.         What was cost to prepare the Plan?

2.         What line item was used to pay for the Plan?

3.         How is the Plan going to be implemented?

4.         Other questions the Council has on this Plan.

Communication from Dr. Emile M. Chevrette, Superintendent of Schools, to Mayor Robert E. Metivier. (Request for residency waiver for teaching positions) is LAID ON THE TABLE on a unanimous voice vote.

THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.

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

Communication from Dr. Emile M. Chevrette, Superintendent of Schools, to Mayor Robert E. Metivier. (Residency waiver for teaching positions)

Upon motion made by Councilor Demopulos, seconded by Councilor Moran, the following communication is LAID ON THE TABLE.

Communication from Dr. Emile M. Chevrette, Superintendent of Schools, to Mayor Robert E. Metivier. (Residency waiver for teaching positions)

592      Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Members of the Pawtucket City Council. (Municipal Park Lot Broad and North Union Street) is READ AND ORDERED FILED AND MR. CASSIDY IS REQUESTED TO BEGIN THE PROCESS OF PREPARING THE RFP FOR LEASING THE MUNICIPAL PARKING LOT.

THE FOLLOWING COMMUNICATION WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST, 31, 1995, AND IS AGAIN TAKEN UP IS READ AND ORDERED FILED:

Communication from Mayor Robert E. Metivier, to Members of the Pawtucket City Council. (The Employment Contracts between the City of Pawtucket and Chief of Police and the Fire Chief)

THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.

With majority consent of the Council, the following Motion to Approve the Employment Contracts between the City of Pawtucket and the Chief of Police and the Fire Chief, is passed on a roll call vote as follows:

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

Noes - Councilors Doyle and Moran.

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

Harvey Bertrand, 39 Jutras Street. Term expires first Monday in August, 1998 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 Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

PARKS COMMISSION

Harvey Bertrand, 39 Jutras Street. Term expires first Monday in August, 1998.

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

William C. Gucfa, 1101 Roosevelt Avenue. Term expires first Monday in August, 1998 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 Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.

Noes - 0

PARKS COMMISSION

William C. Gucfa, 1101 Roosevelt Avenue. Term expires first Monday in August, 1998.

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

589      Fred Kent, 42 Greeley Street. Term expires first Monday in August, 1998 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

PARKS COMMISSION

Fred Kent, 42 Greeley Street. Term expires first Monday in August, 1998.

Petition for SECOND HAND SHOP LICENSE of Sandra Ashburn d/b/a Pau s Auto Sales Annex, 355 Fountain Street, Tax Assessor’s Plat 7, Lot 81, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used automobiles, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Sandra Ashburn and Paul Ashburn, 39 Central Avenue, Pawtucket, RI.

Ms. Ashburn states that they will be selling cars from this location. There is room for five cars on the lot. This will be an annex only. There will be no repairing at this establishment.

The hours will be Monday through Friday, 9:00 am - 6:00 pm, Saturday, 9:00 am - 1:00 pm.

There are no other speakers.

The Hearing is closed.

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

Petition for SECOND HAND SHOP LICENSE of Sandra Ashburn d/b/a Paul’s Auto Sales Annex, 355 Fountain Street, Tax Assessor’s Plat 7, Lot 81, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used automobiles. LIC#40188

Petition for SECOND HAND SHOP LICENSE of Dorman’s Auto Sales & Service Inc., d/b/a Dorman’s Auto Sales Annex, 124 Beverage Hill Avenue, Tax Assessors’ Plat 36, Lot 193, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used automobiles, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Michael Horan, Attorney for applicant, 393 Armistice Boulevard, Pawtucket, RI.

Mr. Horan states that this will be an annex only. They will be selling only used cars.

Mr. Horan states that this location has been approved by the Pawtucket Redevelopment Agency and Zoning.

There are no other speakers.

The Hearing is closed.

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

Petition for SECOND HAND SHOP LICENSE of Dorman’s Auto Sales & Service Inc., d/b/a Dorman’s Auto Sales Annex, 124 Beverage Hill Avenue, Tax Assessors’ Plat 36, Lot 193, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used automobiles. LIC#40189

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jeff Guckin d/b/a Mobicare, 380 Cottage Street, Tax Assessors’ Plat 8, Lot 377, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically, used automobiles and used parts, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Michael Horan, Attorney for applicant, 393 Armistice Boulevard, Pawtucket, RI.

Mr. Horan states that they are relocating the business.

There will be no changes in the business.

The hours will be from 8:00 am to 6:00 pm Monday - Friday, and 8:00 am to 2:00 pm on Saturdays.

There are no other speakers.

The Hearing is closed.

Upon motion made by Councilor Doyle, seconded by Councilor Kinder, the following petitions are GRANTED on a unanimous voice vote:

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jeff Guckin d/b/a Mobicare, 380 Cottage Street, Tax Assessors’ Plat 8, Lot 377, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically, used automobiles and used parts. LIC#30194 & #40191

THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD SEPTEMBER 6, 1995, AND IS AGAIN TAKEN UP:

VICTUALLING HOUSE (FIRST CLASS) NEW

Bob Tsapanidis d/b/a Classic Restaurant, 196 Division Street.

Speaking in favor if Susan Tedescki, Attorney for applicant, 6 Pleasant Street, Taunton, MA.

Ms. Tedescki explains a restaurant is being planned and the applicant will invest $200,000 into the business to make improvements and purchase equipment.

There will be ten employees.

Ms. Tedescki states that they are very experienced in this kind of business.

The hours will be 11:00 am - 10:00 pm, seven days a week. There are 17 parking spaces, and 46 seats in the restaurant.

Councilor Demopulos states that this area is very congested. He is concerned with the parking. He lives near this establishment.

Council President Barry states that he wants to have a neighborhood meetin

Upon motion made by Councilor Hodge, seconded by Councilor Kinder, the License is LAID ON THE TABLE on a unanimous voice vote:

VICTUALLING HOUSE (FIRST CLASS) NEW

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

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

ENTERTAINMENT

Petition of St. Edward’s Church, for license to conduct a dance, at Church Hall, Weeden Street, on November 11, 1995, from 8:00 PM - 12:00 PM LIC#M990

Petition of St. Edward’s Church, for license to conduct a Bazaar, at Church Hall, Weeden Street, on November 4, 1995, from 6:00 PM - 9:00 PM and November 5, 1995, from 4:00 PM - 8:00 PM LIC#M991

VICTUALLING HOUSE (FIRST CLASS) NEW

Emilia Hernandez & Jose Hernandez d/b/a El Salvador Restaurant, 204-210 Broad Street, LIC#379

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

George Flanagan - $62.42

Nelson Monteiro - $50,000.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE LEGAL DEPARTMENT FOR FURTHER REVIEW:

Claim of Carol Dawes, by her attorney Warren R. Wolf, Esq. in the amount of $25,000.00

Claim of Joseph F. Kilduff, by his attorney Joseph M. Beagan, Esq., in no amount specified.

Claim of Gregory G. O’Neill, by his attorney Stephen J. Capineri, Esq., in the amount of $50,000.00

Claim of April Prete, by her attorney George L. Santopietro, Esq., in the amount of $100,000.00

Claim of Robert R. St. Pierre, by his attorney Forrest C. Crooks, Esq., in the amount of $100,000.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED:

Claim of E-Z Auto Sales, Inc., by the attorney John F. Neary, Ltd., in the amount of $3,719.80

Claim of Sandy Feit, in the amount of $30.00

Claim of Darleen LaRose, in the amount of $35.00

Claim of Polly McGlaston, in the amount of $14.99

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED WITH A REQUEST THAT THE PUBLIC WORKS DEPARTMENT MAKE THE NECESSARY REPAIRS TO THE SIDEWALK.

Claim of Joanne Michaud, in no amount specified.

PRESIDENT BARRY SUBMITS TO THE CITY COUNCIL FOR THE RECORD, THE FOLLOWING COMMITTEE APPOINTMENTS:

AD HOC COMMITTEE TO OVERSEE THE PARKING VIOLATION FUND

Chair    David P. Moran

George K. Demopulos

J. Raymond Kinder

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

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

The Clerk is instructed to send a communication to John T. Gannon, Esq., City Solicitor, regarding the new residency requirement for persons hired to work for the City of Pawtucket.

The Council would like to know if the residency requirement applies to the Water Supply Board.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

028      Communication from Vallerie Till, 47 Stearns Street, Pawtucket, RI, to Mayor Robert E. Metivier. (Property owned by Salois Realty, at the tip of Stearns & Cottage Street (Plat 4B. Lots 790 & 291)

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

Communication from Vallerie Till, 47 Stearns Street, Pawtucket, RI, to Mayor Robert E. Metivier. (Property owned by Salois Realty, at the tip of Stearns & Cottage Street (Plat 4B, Lots 790 & 291)

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 Mayor Robert E. Metivier, regarding a communication from Valerie Till, 47 Stearns Street, Pawtucket, RI.

Ms. Till is requesting that the city purchase a plot of land at the tip of Stearns and Cottage Streets, (P1 4B, lots 709 & 791,) which is owned by Salois Realty, to be used as a small park site.

The Council is requesting an update on this request; i.e., has anything been decided, and if not, the Council is requesting that this be forwarded to the proper department for a response.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

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

The Clerk is instructed to send a communication to John T. Gannon, Esq., City Solicitor, regarding the newly created ordinance establishing a tax exempt plan for firefighters and policemen on total and permanent disability.

Councilor Vieira states that there should have been a retroactive provision placed in this ordinance.

The Council is requesting that an amendment be drafted which would include a retroactive date back to January 1992.

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 Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to ask that he inspect the Class B (Victualer) establishment licensed to Casa DeVicente Inc., 270 Dexter Street, Pawtucket, RI.

Councilor Vieira has received information which alleges that renovations to the interior, including an expansion of the bar, have been completed without the Council’s knowledge. Therefore, the Council is requesting that Mr. Rendine inspect this establishment to determine if any modifications have been made; and if so, were proper permits obtained.

Upon motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine twenty-seven o’clock p.m.

September 20, 1995 - Regular City Council Session
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