City Council, October 9, 1996.
A regular session of the City Council is held Wednesday, October 9, 1996, at eight five o’clock p.m. All the members are present and President Barry presides.
The reading of the records of September 25, 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:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN:
THE COUNCIL RECESSES AT EIGHT SIX O’CLOCK P.M. TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING:
POTTER STREET (One way beginning at Summit Street & running Easterly to Maynard Street)
CITY OF PAWTUCKET - STATE ENTERPRISE ZONE.
THE COUNCIL RECONVENES AT EIGHT TEN O’CLOCK P.M.
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 voice vote:
Potter Street Shall be made into a one-way street, beginning at Summit Street & running Easterly to Maynard Street.
Councilor Cute votes "No."
THE COUNCIL RECESSES AT EIGHT SIXTEEN O’CLOCK P.M. TO CONDUCT PUBLIC HEARING ON THE FOLLOWING:
SLATER PARK IMPROVEMENTS TO FRIENDSHIP GARDENS.
THE COUNCIL RECONVENES AT NINE THIRTEEN O’CLOCK P.M.
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 send a communication to Jack Rahill, Finance Director, regarding people seeking funds for public celebrations.
The Council would like him to prepare procedures that people would need to follow in order to request these funds; and also, the criteria that must be adhered to for receiving those funds, such as showing of receipts.
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 Council is in support of the Friendship Gardens restoration project subject to the receipt of a wetlands permit from D.E.M. to remove the reeds and weeds in the waterway.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following entitled ordinances:
Upon motion made by Councilor Hodge, seconded by Councilor Rabbitt, the following ordinances are REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following resolution:
174-176 Cottage Street;
18-20 Bullock Street;
267 High Street.
Upon motion made by Councilor Hodge, seconded by Councilor Butler, the following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilor Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
174-176 Cottage Street;
18-20 Bullock Street;
267 High Street.
THE FOLLOWING COMMUNICATION IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Communication from His Honor Mayor Robert E. Metivier, submitting the following appointment as a member of the Pawtucket Redevelopment Agency FOR CONFIRMATION:
Wallace B. Gernt, 45 Lafayette Street. (to fill the unexpired term of Richard H. James) Term expires September 12, 1999.
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 Wallace B. Gernt, requesting that he attend a pre-council meeting on Wednesday, October 23, 1996, to answer questions regarding his appointment to the Pawtucket Redevelopment Agency.
William F. Harty, Jr., 70 Naushon Road. Term expires September 12, 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.
PAWTUCKET REDEVELOPMENT AGENCY
William F. Harty, Jr., 70 Naushon Road. Term expires September 12, 2001.
Communication from Ronald J. Leitao, Acting Director of Public Works, to Pawtucket City Council, Cemetery Committee. (Cemetery improvement fund to purchase four SCAG 61 Hydro Riding Mowers) is REFERRED TO THE CEMETERY COMMITTEE.
COUNCILOR RABBITT LEAVES AT 9:28 PM.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Upon motion made by Councilor Vieira, seconded by Councilor Bray, the minutes of the pre-council session with Timothy J. Champan, Esq., held in executive session pursuant to R.I.G.L. Section 42-46-5 (A) Subsections (2) and (5) regarding pending litigation and the purchase of real property (Burt Properties), are SEALED, on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran and Vieira.
Noes - 0.
Communication from John J. Sullivan, Real Estate Specialist, United States Postal Service, to John J. Barry, III, President of the Pawtucket City Council. (Ground Lease/Purchase USPS Parking Main Post Office, Pawtucket, RI) is REFERRED TO THE PROPERTY COMMITTEE.
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 L. DiPani, Chairman of the Pawtucket Parks Commission, asking why the Commission opposes the placement of plaques in front of trees which were purchased as part of the Memorial Tree Program in the city.
COUNCILOR RABBITT RETURNS AT NINE THIRTY-EIGHT O’CLOCK PM.
RESOLUTION REQUESTING THAT THE FOLLOWING AMENDMENT TO THE CITY CHARTER BE PLACED ON THE NOVEMBER 5, 1996 BALLOT:
"Shall Article VI of the Pawtucket Home Rule Charter be revised and amended to replace Article VI of the Charter with provisions which are substantially similar to state elections laws and which provide, among other things, that candidates for elective public office in the City of Pawtucket be elected under party labels at the general state elections to be held on the first Tuesday after the first Monday in November on even numbered years, commencing with the election cycle in 1998?" AND AMENDING THE RESOLUTION PASSED AT THE SEPTEMBER 11, 1996, CITY COUNCIL MEETING.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following resolution:
"Shall Article VI of the City Charter be revised and amended to read as follows so candidates for elective public office in the City of Pawtucket provided for in the Charter be elected under party labels at the general state elections to be held on the first Tuesday after the first Monday in November on even numbered years, commencing with the election cycle in 1998?" AND RESCINDING IN ITS ENTIRETY THE RESOLUTION PASSED AT THE SEPTEMBER 11, 1996, CITY COUNCIL MEETING.
Upon motion made by Councilor Moran, seconded by Councilor Vieira, 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.
"Shall Article VI of the City Charter be revised and amended to read as follows so candidates for elective public office in the City of Pawtucket provided for in the Charter be elected under party labels at the general state elections to be held on the first Tuesday after the first Monday in November on even numbered years, commencing with the election cycle in 1998?" AND RESCINDING IN ITS ENTIRETY THE RESOLUTION PASSED AT THE SEPTEMBER 11, 1996, CITY COUNCIL MEETING.
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 Vieira, the following communication is READ AND ORDERED FILED and the Clerk is instructed to forward the letter to Chief DeLyon for appropriate action on a unanimous voice vote:
Communication from Craig H. Close, to Councilor Chris Butler. (Motorcycle noise on Front Street)
THE CHAIR RECOGNIZES COUNCILOR BUTLER.
With majority consent of the Council, the following motion made by Councilor Butler, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to William Mulholland, Director of Parks and Recreation, requesting that he or a designee, attend the next Parks Commission meeting to discuss his plans with them for signage at the Armistice Boulevard entrance, regarding the rules of the Park. The Commission would like to have some input on the language used on those signs.
The following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge and Rabbitt
Noes - Councilors Cute, Moran and Vieira.
PRESIDENT BARRY LEAVES AT 9:50 P.M.
PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.
COUNCILOR BRAY LEAVES AT 9:51 P.M.
The following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Butler, Cute, Doyle, Hodge, Moran and Rabbitt.
Noes - 0.
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 Mayor Robert E. Metivier, regarding the decision to hire an outside attorney to review district court cases prior to their prosecution.
The Council would like to know why the City Solicitor cannot perform this function, and if he is too busy, why the Safety Director, who is an attorney, cannot do it; or if he cannot, why the two police officers who are currently going to law school at city expense, cannot do it?
The Council would like to know if he considered any of these options, and if he has, why they are not viable.
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 Butler, Cute, Doyle, Hodge, Moran and Rabbitt.
Noes - 0.
PRESIDENT BARRY RETURNS AND PRESIDES AT 10:02 P.M.
COUNCILOR BRAY RETURNS 10:03 P.M.
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, Moran, Rabbitt and Vieira.
Noes - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 193 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (45 day notice)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Dr. Emile M. Chevrette, Superintendent of Schools, Pawtucket School Department, to Councilor Thomas E. Hodge, Chair, City Council Ordinance Sub-Committee/Residency. (Residency requirement)
Upon motion made by Councilor Hodge, seconded by Councilor Rabbitt, the following communication is REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
Communication from Dr. Emile M. Chevrette, Superintendent of Schools, Pawtucket School Department, to Councilor Thomas E. Hodge, Chair, City Council Ordinance Sub-Committee/Residency. (Residency requirement)
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 Dr. Emile M. Chevrette, Superintendent of Schools, to inform him that the Ordinance Committee is willing to meet with him to discuss the questions he and the school department have regarding the residency requirement.
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 Ronald J. Leitao, Acting Director of Public Works, requesting that he take a look at the curbing in front of 14 Edendale Avenue and make the necessary repairs to said curbing.
COUNCILOR VIEIRA LEAVES AT 10:05 P.M.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE IN AMENDMENT OF CHAPTER 293 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (1996) (P.T.E. PROGRAM)
Section 293-3 Application of certain revenue for police division, capital equipment.
Line 3, between the words "capital equipment" and "matching funds," change the word "and" to "and/or."
Add the following sentence at the end of the paragraph:
"However, the aforementioned revenue shall not be used for police training, if said training may be obtained at no cost to the city."
Upon motion made by Councilor Bray, seconded by Councilor Cute, the AMENDMENT to the Ordinance entitled "ORDINANCE IN AMENDMENT OF CHAPTER 293 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (1996) (P.T.E. PROGRAM)" is PASSED on a roll call vote, as follows:
Ayes - President Barry, 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 Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran and Rabbitt.
Noes - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 293 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (1996) (P.T.E. PROGRAM) AS AMENDED
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE RELATING TO THE PLANNING COMMISSION; MONTHLY STIPEND.
Change "Section 2" to "Section 3;" and, add a new Section 2, as follows:
"Section 2. Amount of Stipend for Chairperson. The Chairperson of the Planning Commission shall receive a monthly stipend of One Hundred Twenty Dollars ($120.00) for services rendered in his or her capacity as Chairperson of the Planning Commission, not totaling more than One Thousand Four Hundred Forty Dollars ($1,440.00) annually."
Upon motion made by Councilor Hodge, seconded by Councilor Rabbitt, the AMENDMENT to the Ordinance entitled "ORDINANCE RELATING TO THE PLANNING COMMISSION; MONTHLY STIPEND" is PASSED on a roll call vote, as follows:
Ayes - President Barry, 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 Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran and Rabbitt.
Noes - 0.
ORDINANCE RELATING TO THE PLANNING COMMISSION; MONTHLY STIPEND. AS AMENDED
COUNCILOR VIEIRA RETURNS AT 10:11 P.M.
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 ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
ORDINANCE CREATING NEW PENALTIES FOR TRAFFIC VIOLATIONS AND REPEALING CHAPTER 2024, 2297, AND 2403 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, IN THEIR ENTIRETY.
ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2408.
THE FOLLOWING COMMUNICATION WAS LAID ON THE TABLE AT THE MEETING HELD SEPTEMBER 25, 1996, AND IS AGAIN TAKEN UP AND IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
SUNDAY SALES (SECOND CLASS) NEW
JoAnne Macomber d/b/a Blackstone Jewelry Incorporated, 1001 Roosevelt Avenue, LIC#20283
VICTUALLING HOUSE (FIRST CLASS)
Kai-Yu Chan & Bin Xu d/b/a Golden Li Lai (transfer from Tong Xin Chen & Van Hao Hsu d/b/a Golden Li Lai, 904 Main Street, LIC#00429
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Kelly Dwyer - $71.00/114.00
Andrew J. Robertson - No amount specified
WSK II c/o Wasserman Associates - $3,850.00
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 Butler, the following communication is READ AND ORDERED FILED on a unanimous voice vote.
Communication from Barbara Sokoloff, PBA Executive Director, to John J. Barry, III, President of the Pawtucket City Council. (Workshop)
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 send a communication to Barbara Sokoloff, PBA Executive Director, setting up a workshop on Wednesday, October 23, 1996, to discuss the expenditures on P.B.A. Projects.
Upon motion made by Councilor Hodge, seconded by Councilor Butler, the meeting is adjourned at ten twelve o’clock p.m.