April 23, 1997 - Regular City Council Session

 

City Council, April 23, 1997.

 

A regular session of the City Council is held Wednesday, April 23, 1997, at eight twenty-two o'clock p.m.   All the members are present except Councilor Cute and President Barry presides.

 

The reading of the records of April 9, 1997, is dispensed with and the records are approved as prepared by the Clerk.

 

Upon Motion made by Councilor Vieira, seconded by Councilor Moran, the *Consent Agenda is approved on a unanimous voice vote.

 

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

A.        Communication from Ralph E. Mangiante, Acting Finance Director, to members of the Pawtucket City Council.  (Fiscal period from July 1, 1996 through March 31, 1997)

 

B.         Communication from Martin D. Wencek, Permitting Supervisor, Office of Water Resources/Permitting Section, Freshwater Wetlands Program, to Sunrise, Jeffery A. Austin, Executive Director.  (Insignificant Alteration - Permit, intersection of Broadway and Kids Way)

 

C.        Communication from Lorraine Derois, Barrington Town Clerk, to City and Town Clerks.  (Resolution - Legislation designating adult smoking areas for Rhode Island beaches)

 

D.        Communication from Ronald J. Leitao, Acting Director of Public Works, to John Davies, President Local 1012.  (Using prisoners to clean up the sand on the streets and sidewalks)

 

E.         Communication from William Mulholland, Superintendent of Parks and Recreation, to Pawtucket City Council.  (Slater Park tennis courts)

 

F.         Communication from William Mulholland, Superintendent of Parks and Recreation, to Pawtucket City Council.  (Slater Park picnic fees)

 

H.        Communication from William T. Noonan, Director of Public Safety, to Richard J. Goldstein, CMC, City Clerk.  (Sums budgeted for the Riverfront Project)

 

I.          Communication from Kevin J. Shea, Executive Director, Pawtucket Redevelopment Agency, to John J. Barry, III,  President of the Pawtucket City Council.  (Moshassuck Valley property access)

 

J.          Communication from Alfred P. Delpape, to Edward Barlow, Seekonk Lace Company.  (Seekonk Lace Co., 659 Armistice Boulevard)

 

K.        Communication from Elizabeth A. Crowley, CMC, Acting City Clerk, City of Central Falls, to Richard J. Goldstein, CMC, City Clerk.  (Resolution declaring May 12th - May 18th AChild Safety Awareness Week II@)

 

L.         Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Council President John J. Barry, III.  (Athletic Fields)

 

M.        Communication from John T. Gannon, City Solicitor, to Councilor William J. Vieira.  (200 Conant Street)

 

N.        Communication from John T. Gannon, City Solicitor, to Councilor Chris A. Butler.  (Restriction on outdoor advertising of alcohol & tobacco)

 

**O.    Communication from John T. Gannon, City Solicitor, to Council President John J. Barry, III.  (Suggested Revisions for the RFP for City Auditors)

 

P.         Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to Council President John J. Barry, III.   (Vacant/Abandoned Housing Report)

 

Q.        Communication from Ronald J. Leitao, Acting Director of Public Works, to Pawtucket City Council.  (86 Wendall Street)

 

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

 

THE COUNCIL RECESSES AT 8:25 PM TO CONTINUE THE PRE-COUNCIL SESSION.

 

THE COUNCIL RECONVENES AT 8:27 PM.

 

Communication from His Honor Mayor Robert E. Metivier, submitting the following appointment as an alternate member of the Historic District Commission FOR CONFIRMATION:

 

Lauren D. Armstrong, 58 Potter Street.   Term expires first Monday in February, 2000 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, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

HISTORIC DISTRICT COMMISSION

 

Lauren D. Armstrong, 58 Potter Street.   Term expires first Monday in February, 2000.

 

Petitions for AUTO REPAIR SHOP LICENSE AND CLASS B SECOND HAND SHOP LICENSE of J. M. Enterprises d/b/a Goff Gas, (previously Antonio=s Zeina Ltd. d/b/a Goff Gas) 75 Goff Avenue, 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 vehicle parts, which was advertised for a  hearing at this time, is taken up:

 

Speaking in opposition is Dwight Douglas, 223 Cottage Street, Pawtucket, RI.

 

Mr. Douglas is the secretary/treasurer at DMD, Inc., which abuts Goff Gas on Goff Avenue.

 

Mr. Douglas states that he wants a fence put up between their properties.

 

He wants the pay phones removed from Goff Gas because people are parking on their lot to use those phones.

 

He notes that the new owners are running a more viable business than before.

 

He doesn=t want vehicles being stripped for parts or the sale of used vehicles.

 

Upon motion made by Councilor Vieira, seconded by Councilor Hodge, the following licenses are LAID ON THE TABLE on a unanimous voice vote:

 

Petitions for AUTO REPAIR SHOP LICENSE AND CLASS B SECOND HAND SHOP LICENSE of J. M. Enterprises d/b/a Goff Gas, (previously Antonio=s Zeina Ltd. d/b/a Goff Gas) 75 Goff Avenue, 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 vehicle parts.

 

*STIPULATIONS ON ANTONIO=S ZEINA LTD. D/BA GOFF GAS.

 

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.

 

THE COUNCIL RECESSES AT 8:38 PM TO CONTINUE THE PRE-COUNCIL SESSION.

 

THE COUNCIL RECONVENES AT 9:38 PM.

 

G.        Communication from George R. Roy, Executive Director of Healthcare Management and Billing Services, Inc., to John J. Barry, III, President of the Pawtucket City Council.  (rescue billing services) is READ AND ORDERED FILED.

 

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 Ralph Mangiante, Acting Finance Director, to ask for his thoughts on the letter from George R. Roy, Executive Director of Health Care Management and Billing Services Inc., including whether the city should request proposals again for these billing services.

 

The Council would also like to know what it is currently costing the city to have billing services provided by the Lighthouse Group and the terms of the agreement with them.

 

Proposed RFP for auditing services of the financial records of the city of Pawtucket for fiscal years 1996-97, 1997-98, 1998-99 is LAID ON THE TABLE on a unanimous voice vote.

 

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

 

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

 

Communication from Leo H. Fox, Certified Public Accountants, to John J. Barry, III, President of the Pawtucket City Council.  (Various topics)

 

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

 

Communication from Leo H. Fox, Certified Public Accountants, to John J. Barry, III, President of the Pawtucket City Council.  (Various topics)

 

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

 

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

 

The Clerk is instructed to send a communication to Ralph Mangiante, Acting Finance Director, requesting that he review the letter from Leo Fox, particularly the last paragraph about federal grants and add a section in the RFP about charging for the  auditing of these federal grants.

 

THE CHAIR RECOGNIZES BRIAN KELLEY, CHAIR OF THE PAWTUCKET SCHOOL COMMITTEE.

 

Mr. Kelley states that the School Committee voted to remove the purchase of the Seekonk Lace Building from their Capital Improvement Program for 1997-1998.

 

Also, Mr. Kelley introduces Dr. Hans W. Dellith, the new Superintendent of Schools.

 

Communication from John T. Gannon, City Solicitor, to Richard J. Goldstein, CMC, City Clerk.  (Request to purchase easement & elimination of easement Mendon Road, North Attleboro, MA) is REFERRED TO THE PROPERTY COMMITTEE.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF ROBERT BEELEY.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF ERNEST J. GINGRAS.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

RESOLUTION NAMING THE NEW T-BALL FIELD IN FAIRLAWN VETERAN=S PARK ON SMITHFIELD AVENUE AS AJOHN E. CARNEY FIELD.@

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

RESOLUTION SUPPORTING BONDING LEGISLATION FOR THE CITY OF PAWTUCKET.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

RESOLUTION SUPPORTING THE 27TH YEAR OF EARTH  DAY ACTIVITIES.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

RESOLUTION SUPPORTING 97-S 0387, 97-S 0458, 97-S 0446, 97-H 6656, RELATING TO HUMAN SERVICES -- LONG TERM HEALTH CARE.

 

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, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE, TANGIBLE PERSONAL PROPERTY, IN THE SUM OF $274,703.28.

 

The following ordinance is read for the second time, and PASSED on a roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

ORDINANCE IN AMENDMENT OF SECTION 26-3 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET (1996) (Warrants by the Police Court)

 

The following ordinance is read for the second time, and PASSED on a roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

TELECOMMUNICATIONS ORDINANCE.  AS AMENDED

 

THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 9, 1997, AND IS AGAIN TAKEN UP:

 

ORDINANCE IN AMENDMENT OF CHAPTER 1499 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE USE OF PUBLIC PARKS AND PLAYGROUNDS. (Grassy Areas)

 

THE ORDINANCE COMMITTEE RETURNS THE ABOVE ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:

 

This ordinance is amended to read as follows:

 

Section 1.  Chapter 1499, section 1, subsection (d) of the ordinances of the City of Pawtucket shall be amended to read as follows:

 

(d) No person shall operate any motorized vehicle, including automobiles, trucks, motorcycles, mopeds, minibikes, dirtbikes on any trail, walkway, grassy area, or in any other area where motorized vehicles are prohibited.  Any person violating the provisions of this subsection shall be subject to a fine of not more than two hundred dollars ($200.00).

 

Section 2.  Chapter 1499, section 1, subsection (d) of the ordinances of the City of Pawtucket shall be amended so that the following is added:

 

(d)(I) No person shall park any motorized vehicles, including automobiles, trucks, motorcycles, mopeds, minibikes, dirtbikes on any trail, walkway, grassy areas, or in any other area where motorized vehicles are prohibited.  Any person refusing to move said vehicles or who returns to a prohibited area on the same day shall be subject to a $25.00 fine.  All fines collected for this violation shall be deposited into the Slater Park Picnic Fees Trust and Agency Account.

 

Section 3.  This ordinance shall take effect upon final passage.

 

Upon motion made by Councilor Rabbitt, seconded by Councilor Hodge, the AMENDMENT to the ordinance entitled AORDINANCE IN AMENDMENT OF CHAPTER 1499 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE USE OF PUBLIC PARKS AND PLAYGROUNDS. (Grassy Areas)@ is PASSED on roll call vote, as follows:

 

Ayes - President Barry, Councilors Bray, Butler, 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, Doyle, Hodge, Moran, Rabbitt and Vieira.

 

Noes - 0.

 

ORDINANCE IN AMENDMENT OF CHAPTER 1499 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE USE OF PUBLIC PARKS AND PLAYGROUNDS. (Grassy Areas) AS AMENDED

 

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 Richard E. DeLyon, Chief of Police, regarding the city ordinance prohibiting dogs on athletic fields in the city.

 

The Council would like to know if it would be possible for the security officer in Slater Park to enforce this ordinance.

 

The Council has received complaints about dogs making a mess of these fields and wants this ordinance more strictly enforced.

 

THE FOLLOWING LICENSE WAS DENIED AT THE MEETING HELD APRIL  9, 1997, AND IS AGAIN TAKEN UP AND IS GRANTED ON A UNANIMOUS VOICE VOTE:

 

PEDDLER LICENSE

 

BUSINESS

 

The Juice Oasis, 47 South Street, Pawtucket, RI (Ice Cream) LIC#52

LOCATION: All of Pawtucket

 

John A. Larkin, 1736 Fall River Avenue, Seekonk, MA 

 

THE FOLLOWING LICENSES ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

SUNDAY SALES (FIRST CLASS)

 

J. M. Enterprises d/b/a Goff Gas, (previously Antonio=s Zeina Ltd. d/b/a Goff Gas) 75 Goff Avenue, LIC#20294

 

VICTUALLING HOUSE (FIRST CLASS)

 

J. M. Enterprises d/b/a Goff Gas, (previously Antonio=s Zeina Ltd. d/b/a Goff Gas) 75 Goff Avenue, LIC#450

 

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

 

AUTOMOBILE REPAIR SHOP LICENSES (ALL RENEWALS)

 

C J=s Auto Services Inc., 556 Main Street, LIC#30017

Monarock Truck & Trailer Service Inc., 350 Walcott Street, LIC#30079

Milton L. Ramos d/b/a Weeden Street Auto Repair, 540 Weeden Street, LIC#30215

Pedro Sancibier d/b/a Peter=s Auto Repair, 11 Willow Avenue, LIC#30185

Maria Veiga d/b/a Mo Performance, 45 Sharon Avenue, LIC#30157

 

SECOND HAND SHOP LICENSES (CLASS AB) RENEWALS

 

C J=s Auto Services Inc., 556 Main Street, LIC#40017

Monarock Truck & Trailer Service Inc., 350 Walcott Street, LIC#40109

Mario Veiga d/b/a Mo Performance, 45 Sharon Avenue, LIC#40144

 

SECOND HAND SHOP LICENSES (CLASS B) RENEWALS

 

Milton L. Ramos d/b/a Weeden Street Auto Repair, 540 Weeden Street, LIC#40217

Pedro Sancibier d/b/a Peter=s Auto Repair, 11 Willow Avenue, LIC#40178

 

SECOND HAND SHOP LICENSE (CLASS C) RENEWAL

 

Brenda Weseluk d/b/a The Bargain Closet, 392 West Avenue, LIC#40148

 

SUNDAY SALES (FIRST CLASS) RENEWAL

 

Fola Sule d/b/a Toofs Market, 916 Main Street, LIC#20230

 

SUNDAY SALES (THIRD CLASS) RENEWAL

 

Robert Fromich d/b/a Rose Bud Florists, 386 Central Avenue, LIC#20138

 

VICTUALLING HOUSE (FIRST CLASS)

 

ElBarq-s Inc. d/b/a Caravan Pizza, (transfer from Frank & Rosalie Silva d/b/a Leaning Tower of Pizza) 549 Armistice Boulevard, LIC#452

 

THE FOLLOWING LICENSES ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

AUTOMOBILE REPAIR SHOP LICENSE (RENEWAL)

 

Lourenco Docouto d/b/a Larry=s Auto Repair, 519 Pawtucket Avenue, LIC#30208

 

SECOND HAND SHOP LICENSES (CLASS B) RENEWAL

 

Lourenco Docouto d/b/a Larry=s Auto Repair, 519 Pawtucket Avenue, LIC#40205

 

THE CHAIR RECOGNIZES COUNCILOR BRAY.

 

With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Butler, 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, requesting that he inspect the property of Lourenco Docouto d/b/a Larry=s Auto Repair,  519 Pawtucket Avenue.

 

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

 

Catherine Duffy - $110.00

James Pimentel - $985.00/909.01

Susanne W. Powers - $1,569.80/1,490.53

Barbara Prus - $296.69

Jean Rose - $838.29

Costas Tsangrouli - $166.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM  FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT FOR FURTHER REVIEW:

 

Claim of Edward & Sheila Smith, by Met P & C, in no amount specified.

 

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

 

Claim of Wolfred Greene, by Progressive, in the amount of $10,282.48

Claim of Mary A. Johnson, in the amount of $725.00

Claim of Helen G. Morris, in the amount of $102.73

Claim of N.E. CRInc R.I. MRF, in the amount of $1,345.00

Claim of Antonio, Linda, Nicole, Ashley Pires, by Attorney Fred E. Joslyn, Jr., in no amount specified.

 

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

 

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

 

Communication from William Mulholland, Superintendent of Parks and Recreation, to members of the Pawtucket City Council.   (Pawtucket Slaterettes)

 

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

 

Communication from William Mulholland, Superintendent of Parks and Recreation, to members of the Pawtucket City Council.   (Pawtucket Slaterettes)

 

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

 

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

 

Communication from George & Lois Flanagan, to Director of Operations, Pawtucket Water Supply Board.  (Damage to driveway and sidewalk embankment caused by hydrant flushing)

 

Upon motion made by Councilor Doyle, seconded by Councilors Rabbitt and Hodge, the following communication is READ AND ORDERED FILED.

 

Communication from George & Lois Flanagan, to Director of Operations, Pawtucket Water Supply Board.  (Damage to driveway and sidewalk embankment caused by hydrant flushing)

 

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

 

With majority consent of the Council, the following motion made by Councilor Doyle, seconded by Councilors Rabbitt and Hodge, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Thomas F. Doucette, P.E., Acting Chief Engineer, Pawtucket Water Supply Board, regarding the letter from George and Lois Flanagan of 73 Harcourt Street, Pawtucket.

 

The Council would like to know when this matter will be resolved and would be very pleased if it is resolved in time for the next meeting on May 7th.

 

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 Thomas F. Doucette, P.E., Acting Chief Engineer, Pawtucket Water Supply Board, regarding the flushing of the hydrants in Councilor Vieira=s district.  He noted that the flushing is beginning between 8:30 p.m. and 9:00 p.m. and is being done in such a manner that is causing many residents to have no water pressure at all.

 

The Council would like to know if it is possible to start the flushing later in the evening when less water is being used, and to do it in such a manner that it will not cause people to loose their water entirely.

 

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 prepare a resolution declaring May 12th - May 18th AChild Safety Awareness Week II@ in the City of Pawtucket,  for introduction at the May 7, 1997, City Council meeting. 

 

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

 

With majority consent of the Council, the following motion made by Councilor Vieira, seconded by Councilor Bray, on behalf of Council President John J. Barry, III, 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 an update on the meeting with the union on the sweeping of sidewalks and gutters by prisoners.

 

Upon motion made by Councilor Vieira, seconded by Councilor Bray, the meeting is adjourned at ten twenty-eight o=clock p.m.

April 23, 1997 - Regular City Council Session
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