City Council, July 10, 1996.
A regular session of the City Council is held Wednesday, July 10, 1996, at eight o’clock p.m. All the members are present and President Barry presides.
The reading of the records of June 18, June 19 and July 2, 1996, is dispensed with and the records are approved as prepared by the Clerk.
Upon Motion made by Councilor Vieira, seconded by Councilor Butler, the *Consent Agenda is approved on a unanimous voice vote:
THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
(Safe) L. Communication from Richard E. Delyon, Chief of Police, to Mayor Robert E. Metivier. (1995 Annual Report of the Pawtucket Police Division)
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 Michael J. Woika, P.E., Chief Engineer, Pawtucket Water Supply Board, regarding the Board’s policy on the suspension of employees charged with stealing.
The Council is requesting that the board reconsider its current policy on this issue. The council suggests that they consider suspending these employees without pay, and then paying them later if it is determined that they were not guilty of the charges. Also, if they are found to be guilty as charged, the Council believes they should be fired immediately.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following motion made by Councilor Doyle, seconded by Councilor Moran, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Jack Rahill, Director of Finance, to instruct all departments to be sure to provide all the information requested by Leo Fox, in his capacity as city auditor, in a timely and effective fashion.
Councilor Doyle stated at the meeting that he was told by Mr. Fox that at least one department is not providing said information that was requested. The Council is concerned that if the information is not provided, then Mr. Fox will have to bring in additional manpower which will cost the city additional money to complete the audit.
THE CHAIR RECOGNIZES COUNCILOR CUTE.
With majority consent of the Council, the following motion made by Councilor Cute, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Joseph Roque, Purchasing Agent, requesting that he draw up purchasing regulations for the city in accordance with state law and the city charter.
THE FOLLOWING COMMUNICATION WAS LAID ON THE TABLE AT THE MEETING HELD JUNE 19, 1996 AND IS AGAIN TAKEN UP AND IS READ AND ORDERED FILED:
Communication from Robert Halpin, Attorney, to Council President John J. Barry, III. (Extended hour for Rhode Island Custom Cycles)
PUBLIC HEARING IS HELD ON THE FOLLOWING:
There are no speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
Upon motion made by Councilor Rabbitt, seconded by Councilor Hodge, the request of Rhode Island Custom Cycles, 18 Dunnell Lane, by Attorney Robert Halpin, to extend the hours of operation is DENIED on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Upon motion made by Councilor Moran, seconded by Councilor Rabbitt, the following communication is READ AND ORDERED FILED and the Clerk is instructed to forward this communication to William Mulholland, Director of Parks and Recreation, for his response.
Communication from Save the Park, to Councilor David Moran, Chair, Councilor Chris Butler, and Councilor Thomas Hodge, Environmental Action Committee. (Slater Pond)
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following communication:
Upon motion made by Councilor Doyle, seconded by Councilor Rabbitt, the following communication is READ AND ORDERED FILED.
Communication from Robert S. Haws, Principal, KPMG Peat Marwick LLP, to Councilor James Doyle. (Pawtucket Police and Firefighters Pension Plan)
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
Upon motion made by Councilor Doyle, seconded by Councilor Rabbitt, the Clerk is instructed to pay KPMG Peat Marwick LLP, for professional services rendered by their Compensation and Benefits Consulting Practice through June 18, 1996 regarding the valuation of the Police and Firefighters Pension Plan, in the amount of $8,000.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following entitled resolution:
Upon motion made by Councilor Doyle, seconded by Councilor Rabbitt, the following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and vieira.
Noes - 0.
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Dominic Mazza d/b/a Dominic Mazza Auto Repair and Sales, 284 Kenyon Avenue, Tax Assessor’s Plat 4, Lot 951, to keep a shop for the purpose of repairing automobiles and 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 Dominic Mazza, 77 Armistice Boulevard, Pawtucket, RI.
Mr. Mazza States that this is his first venture, but he has worked on cars before. He will have two employees in the beginning.
The hours will be 8:00 am - 5:00 or 5:30 pm, Monday thru Friday, and 8:00 am - 2:00 pm on Saturday.
He will be doing repairs and maybe inspections. He is still cleaning up the property.
There are 4 bays there now. He can fit 4-5 cars inside. He will try to keep most of the cars inside. He will keep at most 1 or 2 cars outside to sell.
He has a temporary alarm, it will become permanent.
There are no other speakers.
The Hearing is closed.
Upon motion made by Councilor Moran, seconded by Councilor Rabbitt, the following petitions are GRANTED with stipulations on a unanimous voice vote:
*STIPULATIONS.
1. No painting.
2. There will be timer lights on at night.
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Dominic Mazza d/b/a Dominic Mazza Auto Repair and Sales, 284 Kenyon Avenue, Tax Assessor’s Plat 4, Lot 951, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles. LIC#30210 & 40208
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
The following ordinance is read for the second time and REFERRED BACK TO THE ORDINANCE COMMITTEE:
ORDINANCE IN AMENDMENT OF SECTION 13-11.2 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1966. (REFUSE COLLECTION RULES.)
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communciation:
Upon motion made by Councilor Hodge, seconded by Councilor Rabbitt, the following communication is READ AND ORDERED FILED.
Communication from Save the Park, to Councilor Thomas Hodge. (Vandalism at the Slater Park Zoo)
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 communciation to William Mulholland, Director of Parks and Recreation, requesting that he address the concern of Save the Park about vandalism at the Slater Park Zoo building. The Council wants him to take action to secure this building and they are suggesting that lights be put in to improve the visibility of the building at night.
Councilor Hodge noted that Save the Park’s request for a motion detector alarm system may not be the best solution because he does not know if anyone will hear it if it goes off at night when noone is in the park.
COUNCILOR MORAN LEAVES AT 8:50 PM.
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 Bray, Butler, Cute, Doyle, Hodge, Rabbitt and Vieira.
Noes - 0.
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 communciation to Ronald J. Leitao, Acting Director of Public Works, to ask that he consider replacing the poles at the picnic areas in Slater Park to prevent people from parking on the grass in those areas.
The Council is considering an ordinance to increase the fines for parking on the grassy areas, however, it will take at least two months before that ordinance is passed and the Council believes that replacing the poles might solve the problem in a more immediate fashion.
COUNCILOR BUTLER LEAVES AT 8:52 PM.
COUNCILOR MORAN RETURNS AT 8:53 PM.
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 Bray, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 2408 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET, AS AMENDED" (SUPERVISOR OF ENVIRONMENTAL ACTION)
COUNCILOR BUTLER RETURNS AT 8:55 PM.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE IN AMENDMENT OF CHAPTER 2147 OF THE ORDINANCES OF THE CITY OF PAWTUCKET (CANINE WASTE REMOVAL)
This ordinance as submitted is replaced with the following:
SECTION 1. Chapter 2147 of the Ordinances of the city of Pawtucket is amended by adding the following Section 2 and changing the original Sections 2 and 3 to 3 and 4.
SECTION 2. ENFORCEMENT
(A) Any resident who witnesses a violation of the above Section on his/her property or on a public sidewalk adjacent to his/her property may file a complaint with the Pawtucket Police Department, providing all information necessary for a warning or citation to issue to the violator, and promising to be available to testify in court should the complaint result in a citation being issued.
(B) The violator will receive warnings upon the first two complaints. Upon the filing of a third or subsequent complaint against the same violator, a citation shall be issued, service of which shall be deemed sufficient if mailed to the last known address of the violator. For the purposes of penalties, it shall be deemed a first offense when the first citation is issued.
SECTION 2. This ordinance shall take effect upon final passage.
Upon motion made by Councilor Bray, seconded by Councilor Cute, the AMENDMENT to the Ordinance entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2147 OF THE ORDINANCES OF THE CITY OF PAWTUCKET (CANINE WASTE REMOVAL)" is PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
The following Ordinance is read for the first time AS AMENDED and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 2147 OF THE ORDINANCES OF THE CITY OF PAWTUCKET (CANINE WASTE REMOVAL) AS AMENDED
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE MOTION TO DENY THE FOLLOWING ORDINANCE IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE WITH A RECOMMENDATION FOR APPROVAL BY THE ORDINANCE COMMITTEE:
ORDINANCE IN AMENDMENT OF CHAPTER 1406 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, REGARDING A PENSION PLAN FOR FIREFIGHTERS AND POLICEMEN. (DISCONTINUANCE OF PAYMENTS)
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS)
TEP Restaurant Inc., d/b/a Timothy’s Place (transferring from A.M.L. Restaurant Inc. d/b/a Archie’s - The Mill Town Tavern) 47 Mendon Avenue, LIC#00421
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
POOL TABLE (RENEWAL)
Peddler’s Inn Inc., 94 Middle Street, (1) Weekdays & Sundays. LIC#G0032
PRIVATE DETECTIVE (RENEWAL)
Bruce R. Germani, 36 Park Place, Pawtucket, RI LIC#90146
PUBLIC LAUNDRY (RENEWAL)
James Andrews d/b/a Spring Cleaners and Coin Laundry, 465 Mineral Spring Avenue, LIC#A0024
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
Edward M. Ameen, surety - Western Surety Company.
Bruce R. Germani, surety - Old Republic Surety Group.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Paul M. Cardoza - $66.14
Pawtucket Citizens Development - $1,275.00/1,300.00
Ernest R. Langlois - $300.00
Barbara Pacheco - No amount specified
Jose A. Pol - $4,592.03/4,151.68 + car rental.
Hisham Soufan - $362.45
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following motion made by Councilor Rabbitt, 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, to prepare an ordinance to provide a $100 per month stipend to the members of the Planning Commission.
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 William F. Bundy, Director of the Rhode Island Department of Transportation, regarding the disgraceful condition of Route 95 in Providence and Pawtucket and asking the Director to maintain this portion of the highway in same condition as the highway south of Providence.
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 Ronald F. Travers, Director of Zoning and Code Enforcement, to ask that he contact the owners of the former Eddy Chevrolet building on Division Street to ask that they improve the upkeep of their property, particularly with the landscaping of the area. They note that the weeds on the lot are growing out of control.
They are also requesting that they consider painting the building to improve its appearance.
The Council noted that in the past, the city has cleaned up that lot for special events such as the steam boat muster and the Portuguese festivals at the Portuguese Club. They want to know if the city has ever charged the owners of that property for said clean up.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Upon motion made by Councilor Vieira, seconded by Councilor Cute, the minutes of the pre-council session with Timothy J. Champan, Esq., held in executives session pursuant to R.I.G.L. Section 42-46-5 (A) Subsection (2) regarding pending litigation (Burt Properties), are sealed.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Upon motion made by Councilor Vieira, seconded by Councilor Cute, the request of Louis A. Geremia, Esq., for an abatement of municipal assessments from the City of Pawtucket on three properties owned by Walter and Frances Burt so that they may be sold by the trustee is DENIED on a unanimous voice vote.
Upon motion made by Councilor Vieira, seconded by Councilor Bray, the meeting is adjourned at nine twenty-five o’clock p.m.