City Council, June 5, 1996.
A regular session of the City Council is held Wednesday, June 5, 1996, at eight nine o’clock p.m. All the members are present except Councilor Rabbitt and President Barry presides.
The reading of the records of May 22 and May 30, 1996, is dispensed with and the records are approved as prepared by the Clerk, with the following amendment to the May 30, 1996, minutes:
On pages 120 and 121, after the sentence, "Reduce the current year estimated property tax by $1,000.000." add the sentence, "Reduce the maximum tax levy to $61,161,746."
A formal hearing is held on the following:
AUTO REPAIR AND SECOND HAND SHOP LICENSES
William Martin d/b/a Village Transmission, 514 Broadway.
Representing the City is Attorney Christopher E. Fay, Assistant City Solicitor, 137 Roosevelt Avenue, Pawtucket, RI,
COUNCILOR RABBITT ARRIVES AT EIGHT ELEVEN P.M.
Sgt. John Monteiro, Police Department.
William J. Martin, license holder, 55 Beacon Street, Cranston, RI.
STENOGRAPHER - Sandra Bachini Gaboriault.
THE DETAILED TESTIMONY OF THIS HEARING IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
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:
A formal warning is imposed on William Martin d/b/a Village Transmission, holder of Auto Repair Shop and Second Hand Shop licenses, for violations of Chapter 2008 of the Ordinances of the City of Pawtucket, as amended, regulating auto repair shop licenses, specifically, failure to operate within the permitted hours of operation.
Any further violations of his license will result in further action by the City Council, including fines, suspension or revocation of his licenses.
Also, a copy of the ordinances regulating auto repair shop licenses is sent to him as part of the warning.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following motion made by Councilor Doyle, seconded by Councilor Vieira, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, to ask for an [illegible] the right-of-way on the property between Risho’s Market
THE COUNCIL RECESSES AT EIGHT TWENTY-SIX P.M. TO CONDUCT THE PUBLIC HEARING ON THE AMENDMENTS TO ANNUAL OPERATING BUDGET ORDINANCE 1996-1997.
THE COUNCIL RECONVENES AT EIGHT FORTY-TWO P.M.
Upon Motion made by Councilor Vieira, seconded by Councilor Doyle the *Consent Agenda is approved on a unanimous voice vote:
THE FOLLOWING COMMUNICATIONS ARE 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 Butler, is PASSED on a unanimous voice vote:
The Clerk is instructed to prepare resolutions for Stephen Durand and Harvey Bertrand, upon their resignations from the Pawtucket Parks Commission, thanking them for their service to the city.
COUNCILORS VIEIRA AND RABBITT LEAVE AT 8:57 PM.
The following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge and Moran.
Noes - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge and Moran.
Noes - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge and Moran.
Noes - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge and Moran.
Noes - 0.
THE FOLLOWING RESOLUTION IS REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
RESOLUTION REQUESTING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY, AMOUNTING TO $321,131.88.
THE CHAIR RECOGNIZES COUNCILOR BUTLER.
With majority consent of the Council, Councilor Butler introduces the following entitled ordinance:
ORDINANCE PROHIBITING THE PURCHASE OR SALE OF TOBACCO OR SNUFF TO PERSONS UNDER THE AGE OF 18.
Upon motion made by Councilor Butler, seconded by Councilor Hodge, the following ordinance is LAID ON THE TABLE on a unanimous voice vote:
ORDINANCE PROHIBITING THE PURCHASE OR SALE OF TOBACCO OR SNUFF TO PERSONS UNDER THE AGE OF 18.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge and Moran.
Noes - 0.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - Councilors Bray, Butler, Cute, Doyle, Hodge and Moran.
Noes - 0.
Abstains - President Barry.
Council President Barry abstains based on his statement that "I work for the diocese of Providence" (report filed)
COUNCILORS VIEIRA AND RABBITT RETURN AT 9:03 PM.
THE CHAIR RECOGNIZES COUNCILOR CUTE.
With majority consent of the Council, Councilor Cute introduces the following resolution:
Upon motion made by Councilor Cute, seconded by Councilor Butler, 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 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 PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Moran, Rabbitt and Vieira.
Noes - Councilor Hodge.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following motion made by Councilor Doyle, seconded by Councilors Vieira and Hodge, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to KMPG Peat Marwick LLP, requesting that they overnight mail, the actuarial report for the police and fire pension plans in the City of Pawtucket. Specifically, the Council is requesting the final report, if available, or the most updated information they have, if the final report is not complete.
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 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.
COUNCIL PRESIDENT BARRY LEAVES AT 9:38 PM.
PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.
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 Pro-Tempore Vieira, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran and Rabbitt.
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. (Registrar of Board of Canvassers)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following entitled ordinance:
ORDINANCE TO APPROVE, ADOPT AND ENACT A CODIFICATION OF A COMPLETE BODY OF LEGISLATION FOR THE CITY OF PAWTUCKET, COUNTY OF PROVIDENCE, STATE OF RHODE ISLAND, TO PROVIDE FOR THE REPEAL OF CERTAIN LEGISLATION NOT INCLUDED THEREIN; TO SAVE FROM REPEAL CERTAIN OTHER LEGISLATION NOT INCLUDED THEREIN; TO PROVIDE PENALTIES FOR THE VIOLATION OF THE CODE OR CHAPTERS THEREOF; AND TO PROVIDE FOR THE AMENDMENT OF CERTAIN OF THE ORDINANCES BEING INCLUDED IN THE CODE.
Upon motion made by Councilor Hodge, seconded by Councilor Butler, the following ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
ORDINANCE TO APPROVE, ADOPT AND ENACT A CODIFICATION OF A COMPLETE BODY OF LEGISLATION FOR THE CITY OF PAWTUCKET, COUNTY OF PROVIDENCE, STATE OF RHODE ISLAND, TO PROVIDE FOR THE REPEAL OF CERTAIN LEGISLATION NOT INCLUDED THEREIN; TO SAVE FROM REPEAL CERTAIN OTHER LEGISLATION NOT INCLUDED THEREIN; TO PROVIDE PENALTIES FOR THE VIOLATION OF THE CODE OR CHAPTERS THEREOF; AND TO, PROVIDE FOR THE AMENDMENT OF CERTAIN OF THE ORDINANCES BEING INCLUDED IN THE CODE.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE IN AMENDMENT OF CHAPTER 2233 ENTITLED "AN ORDINANCE CREATING A CITY PENSION BOARD."
The ordinance as submitted is replaced with the following:
SECTION 1. Chapter 2233, entitled "An Ordinance Creating a City Pension Board" shall be amended as follows:
SECTION 1. shall be amended as follows:
There shall be in the city a pension board charged with the general responsibility of for the administeration and operation of all, city employee pension, disability pension, and retirement plans implemented by the city, including managing, vesting and overseeing all pension and retirement plans and funds to the extent allowed by law and by contractural provisions to serve as a citizen’s watchdog group to insure that the investments utilized to secure the future fiscal viability of the pensions are sound, prudential and conservative and to otherwise insure that said pensions funds remain actuarially sound and stabilized as called for by the city charter. To perform these duties the City shall be responsible for providing information to this Board upon a request in writing for the same.
SECTION 2. shall be amended to read as follows:
The pension board shall consist of seven (7) nine (9) members, at all times the members of said Board shall include a representative of those people who are participating in any two (2) police officers, one of whom shall be retired and two (2) firefighters, one of whom shall be retired. pension plan, the Director of Finance, the Chairman of the City Council Finance Committee, and the remaining members shall represent the general public. All such members shall be appointed by the Mayor. The representatives for the police and fire department shall be appointed by their respective members however, the retired members representing the police and firefighters must obtain the consent of the council. The mayor shall appoint two (2) members from the general public and the City Council shall appoint one (1) member from the general public. In the event that a member is not present or recuses himself or herself from participation in any matter, the mayor shall be allowed to appoint and alternate member to participate in those matters. Said alternate members’ appointment is subject to council approval.
All members except for the Finance Director and the Chairman of the City Council Finance Committee shall be appointed for terms of two (2) years except for the five (5) seven (7) members originally appointed, two three (3) of which shall be appointed for a term of one (1) year and three (3) four (4) of which shall be appointed for a term of two (2) years. Said terms commence on the first Monday in January of each successive year. The Finance Director and the Chairman of the City Council Finance Committee shall serve as members for the duration of their respective positions.
Section 5. shall be amended to read as follows:
The pension board shall be authorized to promulgate and establish its owns rules and regulations in order to fulfill its [illegible] including, but not limited to, rules and regulation concerning determinations of elighibity for as to the maintenance or continuance of pension benefits subject to the limitations of law. Any rules and regulations or amendments thereto shall be submitted to the City Council for approval prior to their implementation.
Section 2. This ordinance shall take effect upon final passage.
Upon motion made by Councilor Hodge, seconded by Councilor Rabbitt, the AMENDMENT to the Ordinance entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2233 ENTITLED "AN ORDINANCE CREATING A CITY PENSION BOARD" is passed on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran and Rabbitt.
Noes - 0.
The following Ordinance is read for the first time AS AMENDED and PASSED on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran and Rabbitt.
Noes - 0.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following petition:
Petition from residents of Lee Street requesting that it be repaved.
Upon motion made by Councilor Moran, seconded by Councilors Rabbitt and Hodge, the following petition is REFERRED TO ACTING DIRECTOR OF PUBLIC WORKS for his recommendation.
Petition from residents of Lee Street requesting that it be repaved.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE WITH A RECOMMENDATION FOR APPROVAL BY 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 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 Ronald J. Leitao, Acting Director of Public Works, to ask what is being done to fix the poor drainage caused by the grading of the following intersections:
1. Bart Drive & Rice Street
2. Parkside Avenue & Eddington Street
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
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)
PRESIDENT BARRY RETURNS AND PRESIDES AT 9:46 P.M.
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD MAY 22, 1996, AND ARE AGAIN TAKEN UP AND ARE AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP AND SECOND HAND SHOP LICENSES
Lonsdale Tire & Auto Repair Inc., (previously Francis A. Laramee d/b/a Lonsdale Tire) 478 York Avenue (previously 263 Dexter Street), LIC#30209 & #40207
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following communication:
Communication from Ioannis Stratis, owner of the Left Field Pub, requesting permission to serve food and alcohol to the public outside the premises on July 3, 1996.
Upon motion made by Councilor Rabbitt, seconded by Councilor Bray, the following communication is LAID ON THE TABLE AND REFERRED TO THE POLICE CHIEF FOR A RECOMMENDATION on a unanimous voice vote:
Communication from Ioannis Stratis, owner of the Left Field Pub, requesting permission to serve food and alcohol to the public outside the premises on July 3, 1996.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following petition:
ENTERTAINMENT
Petition of Living Hope Assembly of God Church, for license to conduct Church promotion with live music, skits, drama, etc., in Hodgekins Park, Roosevelt Avenue on Saturday, June 15, 1996, at 11:00 am - 3:00 pm. LIC#1014M
Upon motion made by Councilor Vieira, seconded by Councilor Rabbitt, the following petition is GRANTED on a unanimous voice vote:
ENTERTAINMENT
Petition of Living Hope Assembly of God Church, for license to conduct Church promotion with live music, skits, drama, etc., in Hodgekins Park, Roosevelt Avenue on Saturday, June 15, 1996, at 11:00 am - 3:00 pm. LIC#1014M
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following petition:
ENTERTAINMENT
Petition of Sunlight Auto Sound Inc., for license to conduct auto sound equipment contest at city owned parking lot across from 270 Broadway, on Saturday, June 8, 1996, at 10:00 am - 4:00 pm LIC#1015M
Upon motion made by Councilor Moran, seconded by Councilor Butler, the following petition is GRANTED on a unanimous voice vote:
ENTERTAINMENT
Petition of Sunlight Auto Sound Inc., for license to conduct auto sound equipment contest at city owned parking lot across from 270 Broadway, on Saturday, June 8, 1996, at 10:00 am - 4:00 pm LIC#1015M
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
Petition of Pawtucket Citizens Fireworks Committee for license to conduct Annual Fourth of July Fireworks Display at McCoy Stadium, on Wednesday, July 3, 1996 at 9:00 pm - 11:00 pm LIC#M1012
PIN BALL & AMUSEMENT DEVICES (NEW)
G & J Bar & Grille Inc., d/b/a Vet’s Bar & Grille (previous owner Vet’s Bar & Grille Inc.) 623 Central Avenue, (1) LIC#70044 Pawtucket Lodge of Elks No. 920, 27 Exchange Street, (1) LIC#70043 R & B Pub Inc., d/b/a Caster’s Pub (previously Harry O’s Place Inc., d/b/a Harry O’s Place) 605 Broadway, (1) LIC#70045
PIN BALL & AMUSEMENT DEVICES (RENEWAL)
Happy Hour Club, 404 Benefit Street, (1) LIC#70018
J.A.R. Beverage Inc. d/b/a Murray’s Pub, 1091 Main Street, (1) LIC#70020
POOL TABLE (NEW)
Pawtucket Lodge of Elks No. 920, 27 Exchange Street, (1) Weekdays & Sundays, LIC#G0041
PRIVATE DETECTIVE (RENEWAL)
Roger G. Audette, 26 Chase Street, LIC#90067
Thomas J. Feeley, 14 Cute Street, LIC#90131
Mark Huerta, 714 Central Avenue, LIC#90148
John Leclair d/b/a N.P.S., 255 Main Street, LIC#90153
Julio Medeiros, Jr., 279 Dexter Street, LIC#90151
Jeremy Mentillo, 591 Beverage Hill Avenue, LIC#90154
George T. Parsons, Sr., 737 Broadway, LIC#90071
Robert Venturini, 33 Sherman Street, LIC#90141
PUBLIC LAUNDRY (RENEWAL)
Linwood E. Doane d/b/a The Washing Well, 906 Main Street, LIC#A0008
Purity Laundry Inc., 11 Gill Avenue, LIC#A0023
Oladipo Solola d/b/a Langley’s Laundry, 265 Pawtucket Avenue, LIC#A0043
Robert A. Tice d/b/a Star Cleaners & Coin Laundry, 614 Central Avenue, LIC#A0049
Woodlawn Laundry & Cleansers Inc., 197 Glenwood Avenue, LIC#A0031
*THE FOLLOWING BONDS ARE APPROVED, SURETY NAMED ARE ACCEPTED:
Roger G. Audette - surety, Western Surety Company.
Thomas J. Feeley - surety, Western Surety Company.
Mark Huerta - surety, Western Surety Company.
Julio F. Mederios - surety, Western Surety Company.
George T. Parsons, Sr., - surety, The Aetna Casualty and Surety Company.
Robert Venturini - surety, Western Surety Company.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Joyce P. Berek - $1,532.76 + Car Rental
John & Kathleen Brown/Met P & C - $1,296.93
Sharon G. Noel - $242.15
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following motion made by Councilor Vieira, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The following stipulations are added to the Auto Repair Shop and Second Hand Shop Licenses of Carlos A. & Sandra M. Aguilar d/b/a J & B Auto Sales, 192 Pine Street, as part of the approval of said licenses at the meeting held on May 22, 1996:
1. No Auto body work.
2. No painting.
3. No parts or debris left outside.
4. All work shall be done inside.
5. Maximum of 25 cars on lot, this includes automobiles for repairs, sales, and those of all employees.
6. Towing shall only be during regular business hours.
7. Hours of operation shall be as follows:
8:00 am - 6:00 pm - Monday - Friday
8:00 am - 1:00 pm - Saturday
CLOSED ON SUNDAYS.
8. Barriers shall be installed to prevent vehicles from exiting on the Pine Street Sidewalk. Said barrier shall be in place within 30 days.
Upon motion made by Councilor Vieira, seconded by Councilor Hodge, the meeting is adjourned at nine fifty-one o’clock p.m.