City Council, November 20, 1996.
A regular session of the City Council is held Wednesday, November 20, 1996, at eight eleven o’clock p.m. All the members are present and President Barry presides.
The reading of the records of November 6, 1996, is dispensed with and the records are approved as prepared by the Clerk.
Upon Motion made by Councilor Vieira, seconded by Councilor Cute, the * Consent Agenda is approved on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Upon motion made by Councilor Vieira, seconded by Councilor Butler, the minutes of the pre-council session held in executive session pursuant to R.I.G.L. Section 42-46-5 (A), Subsection (1) regarding personnel matters (Municipal Court Clerk), are sealed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN:
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 Michael E. Burns, Traffic Engineering Supervisor, Public Works, regarding Newport Avenue improvements which are scheduled by the Rhode Island Department of Transportation.
The Council is requesting that he take the necessary steps to have RIDOT consider adding the following to their list of projects:
1. Newport Avenue & Liberty Street - addition of a delay signal allowing traffic going North on Newport Avenue to make a left turn onto Liberty Street.
2. Newport Avenue & Monticello Road - addition of a pedestrian crossing button.
John Q. Calista, Jr., 115 Benjamin Street. (to fill the unexpired term of Wallace B. Gernt) Term expires first Monday in January, 2001 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, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0
PLANNING COMMISSION
John Q. Calista, Jr., 115 Benjamin Street. (to fill the unexpired term of Wallace B. Gernt) Term expires first Monday in January, 2001.
Clifford F. McClelland, III, 19 Greenfield Street. Term expires first Monday in August, 1999) 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, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0
PARKS COMMISSION
Clifford F. McClelland, III, 19 Greenfield Street. Term expires first Monday in August, 1999)
George W. Johnson, 200 Rhode Island Avenue. (to fill the unexpired term of Harvey Bertrand) 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, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
PARKS COMMISSION
George W. Johnson, 200 Rhode Island Avenue. (to fill the unexpired term of Harvey Bertrand) Term expires first Monday in August, 1998.
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 and the Clerk is requested to send a copy of this communication to Jack Rahill, Finance Director, on a unanimous voice vote:
Communication from Robert S. Haws, Principal of Compensation & Benefits, KPMG Peat Marwick LLP, to Councilor James E. Doyle. (Actuarial costing assistance - fire pension)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray submits the name of Councilor William Vieira to serve as the Council member of the Purchasing Board.
Upon motion made by Councilor Bray, seconded by the entire City Council, Councilor William Vieira is appointed by the City Council to serve as the Council members of the Purchasing Board, on a unanimous voice vote.
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 prepare an ordinance for a 4-Way Stop Sign at the intersection of Walcott Street and Rosemont Avenue.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following communications:
Communications from L. H. Fox & Associates, Certified Public Accountants, to Councilor James E. Doyle. (Bills for payment -$7,450.00 & $4,000.00)
Upon motion made by Councilor Doyle, seconded by Councilor Rabbitt, the following communications are LAID ON THE TABLE on a unanimous voice vote:
Communications from L. H. Fox & Associates, Certified Public Accountants, to Councilor James E. Doyle. (Bills for payment -$7,450.00 & $4,000.00)
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 Jack Rahill, Finance Director, forwarding to him invoices from L.H. Fox & Associates for professional services.
The Council is requesting that prior to processing these invoices for payment, he determine if the amounts indicated (October 1, 1996, and October 31, 1996 - $7,450.00; November 1, 1996, and November 15, 1996, - $4,000.00) in the total amount of $11,450.00, is not in excess of what was authorized in the original contract for the 1996 fiscal year audit.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following 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.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Antonio’s Zeina Ltd. d/b/a Goff Gas, 75 Goff Avenue and 42 Dexter Street, Tax Assessor’s Plat 44, Lot 493, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles, new and used auto parts, which was advertised for a hearing at this time, is taken up:
Speaking in favor is David Oliveira, 44 Blackburn Street, Pawtucket, RI.
Mr. Oliveira is the owner of the property and is recommending that the license be granted to the applicant who wants to help motivate business in this area.
Speaking in favor is Halim Atallah, 18 Ashcroft Street, Dedham, MA., Applicant.
Mr. Atallah states that he is now open for gas only. If he is granted this license, he will operate his auto repair business between the hours of 6:00 a.m. - 8:00 p.m. - Monday thru Friday; 9:00 a.m. - 2:00 p.m. on Saturdays, and no repairs on Sundays. The rest of the business will be open from 6:00 a.m. - 8:00 p.m. Monday thru Saturday; Sunday will be shorter hours.
Councilor Vieira states that he received complaints that work was being done on tractor trailer trucks parked on this property.
Mr. Atallah states that he has only been in business for one week, and he has only been pumping gas.
Mr. Oliveira responds that the tractor trailer work was done by a previous tenant and not Mr. Atallah.
Councilor Vieira asks if the applicant would have a problem with stipulations being placed on this license.
Mr. Atallah states that he does not see any problem.
There are no other speakers.
The Hearing is closed.
Upon motion made by Councilor Vieira, seconded by Councilor Bray, the following petitions are APPROVED with stipulations on a unanimous voice vote:
*STIPULATIONS
1. No auto body work or painting allowed.
2. No repair work on any large trucks or tractor trailer trucks.
3. Auto repair shop hours as follows: 8:00 am - 6:00 pm Monday - Friday 9:00 am - 2:00 pm Saturdays No Sundays
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Antonio’s Zeina Ltd. d/b/a Goff Gas, 75 Goff Avenue and 42 Dexter Street, Tax Assessor’s Plat 44, Lot 493, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles, new and used auto parts. LIC#30214 & LIC#40216
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
Section 3 shall read as follows:
SECTION 3. This ordinance shall take effect on January 5, 1998.
Upon motion made by Councilor Hodge, seconded by Council Bray, the amendment to the Ordinance entitled "ORDINANCE ESTABLISHING NEW SALARIES FOR THE MEMBERS OF THE SCHOOL COMMITTEE OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 1064" is PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
Section 3 shall read as follows:
SECTION 3. This ordinance shall take effect on January 5, 1998.
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.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Upon motion made by Councilor Hodge, seconded by Councilor Bray, the following communication is READ AND ORDERED FILED.
Communication from Mayor Robert E. Metivier, to Members of the Pawtucket City Council. (Pawtucket Water System)
THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 6, 1996, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION WAIVING PAYMENT OF ALL OF THE AMOUNT OF INTEREST DUE ON DELINQUENT PROPERTY TAXES, FOR RESIDENTS WHO HAVE BEEN LAID OFF FROM THEIR PRINCIPAL MEANS OF EMPLOYMENT FOR A PERIOD OF AT LEAST SIX (6) MONTHS.
UPON RECOMMENDATION OF THE 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, Moran, Rabbitt and Vieira.
Noes - 0.
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ENTER INTO A LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR THE MUNICIPAL PARKING LOT LOCATED AT THE CORNER OF BROAD AND HUMES STREETS.
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 Hodge, the following resolution is read and DEFEATED on a roll call vote, as follows:
Ayes - Councilors Cute, Doyle, Hodge.
Noes - President Barry, Councilors Bray, Butler, Moran, Rabbitt and Vieira.
RESOLUTION OPPOSING ANY FURTHER EFFORTS OR EXPENDITURES TO EXPLORE PRIVATE MANAGEMENT OF THE COLLECTIONS DEPARTMENT.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following communication:
Upon motion made by Councilor Rabbitt, seconded by Councilor Butler, the following communication is READ AND ORDERED FILED.
Communication from Richard J. Goldstein, CMC, City Clerk, to Members of the City Council. (Council ratification of contracts)
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following motion made by Councilor Rabbitt, seconded by Councilor Butler, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Roberta L. Emery, Chair, Charter Review Commission, asking the commission to comment on the memo regarding Council ratification of contracts.
The Council would like the commission to include, as part of the response, what the intention of the Charter Review Commission was when making the 1995 recommendations regarding purchasing procedures.
COUNCILOR BRAY LEAVES AT 9:35 PM.
The following ordinance is read for the second time, and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors 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 Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
COUNCILOR BRAY RETURNS AT 9:36 PM.
PRESIDENT BARRY LEAVES AT 9:36 PM.
PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.
The following ordinance is read for the second 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.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Dawn McCormick, Registrar, Board of Canvassers, regarding the time the polls are closed during elections.
Specifically, the Council wants to know if the closing time can be changed from 9:00 p.m. - 8:00 p.m. during primary elections only.
PRESIDENT BARRY RETURNS AND PRESIDES AT 9:38 PM.
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, Hodge, Moran, Rabbitt and Vieira.
Noes - Councilor Doyle.
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 6, 1996, AND ARE AGAIN TAKEN UP AND ARE GRANTED UNTIL DECEMBER 11, 1996, ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS) RENEWAL
#Casa De Vicente Inc., 270 Dexter St LIC#344
DABD & AJD Inc., d/b/a The Home Plate, 602 Smithfield Ave. LIC#329
THE CHAIR RECOGNIZES BUTLER.
With majority consent of the Council, Councilor Butler introduces the following communication:
Upon motion made by Councilor Butler, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED and the Clerk is instructed to send the communication to William Mulholland, Director of Parks and Recreation, and Ron Leitao, Director of Public Works, for their comments.
Communication from Save the Park, to Councilor Chris Butler. (Extension of timber guard rail on Loring Parkway)
THE CHAIR RECOGNIZES COUNCILOR BUTLER.
With majority consent of the Council, Councilor Butler introduces the following communication:
Upon motion made by Councilor Butler, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
Communication from Save the Park, to Councilor Thomas Hodge. (Replacement of removed trees on Edendale and Belgrade Avenues)
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 William Mulholland, Director of Parks and Recreation, forwarding to him the letter from Save the Park regarding trees on Edendale and Belgrade Avenues for his comments. It is further requested that he notify the proper commission overseeing tree planting; the Tree Commission, the Planning Commission, the Parks Commission, etc., of this communication.
THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE: SUNDAY SALES (FIRST CLASS) NEW
Antonio’s Zeina Ltd. d/b/a Goff Gas, 75 Goff Avenue & 42 Dexter Street, LIC#20285
VICTUALLING HOUSE (FIRST CLASS) NEW
Antonio’s Zeina Ltd. d/b/a Goff Gas, 75 Goff Avenue & 42 Dexter Street, LIC#436
* THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
BOWLING ALLEYS (RENEWAL)
Eugene J. Merola Inc. d/b/a Chip’s Bowlarama, 615 Pawtucket Avenue, Weekdays and Sundays, (24) LIC#1
PEDDLER LICENSE (NEW)
David Constant, Res: 58 Howard Hill Road, Foster, RI, (catering truck) LIC#47
LOCATION : All of Pawtucket
VICTUALLING HOUSE (FIRST CLASS) RENEWAL
#Dante Alighieri Social Club, 22 Hurley Avenue, LIC#00057
Ridlon Inc. d/b/a Ricotti’s Sandwich Shop, 614 Central Avenue, LIC#00169
#DENOTES STIPULATIONS (see docket of the Board of License Commissioners).
* CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Joao Fernandes by his guardian Michelle Maurice - $557.25
Captain David Holden - $1,390.30
Nationwide Insurance/Eileen Crawley - $2,813.69
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, Butler, Cute, Doyle, Hodge, Moran and Vieira.
Noes - Councilor Rabbitt.
Claim of David E. Schwamb, in the amount of $906.19
Claim of Geziel G. Vasconcelos, in the amount of $2,107.90
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT FOR FURTHER REVIEW:
Claim of Kelly Dwyer, in the amount of $71.00
Claim of John & Kathleen Brown, by Met P & C, in the amount of $1,769.87
Claim of Tracy L. Goyette, by Attorney Gerald F. McAvoy, Esq., in the amount of $100,000.00
Claim of Margaret A. Morel, in no amount specified. Claim of Tracey Poland, by Attorney Michael D. Coleman, Esq., in the amount of $1,000,000.00
Claim of WSK II c/o Wasserman Associates, in the amount of $3,850.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED:
Claim of Andrew J. Robertson, by Metropolitan Property & Casualty Insurance Company, in no amount specified.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following communication:
Upon motion made by Councilor Rabbitt, seconded by Councilor Butler, the following communication is READ AND ORDERED FILED.
Communication from Mayor Robert E. Metivier, to Councilor Kevin J. Rabbitt. (Possibility of restructuring tax collection)
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following motion made by Councilor Rabbitt, seconded by Councilor Butler, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Jiffy Lube, International d/b/a Jiffy Lube, regarding exhaust fume problems at the shop located at 121 Newport Avenue.
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 Clerk is instructed to send a communication to Ronald J. Leitao, Acting Director of Public Works, regarding sections of Garden Street and West Avenue, which were recently re-paved during the summer months.
Councilor Vieira states that the gas company did work requiring that sections of these streets be dug up, and the subsequent patching of these sections was less than satisfactory. The Council is requesting that he contact the gas company to ask that they do a better job when they dig up our streets, and that they re-patch these sections of Garden Street and West Avenue.
Upon motion made by Councilor Vieira, seconded by Councilor Butler, the meeting is adjourned at ten o’clock p.m.