February 19, 1997 - Regular City Council Session

 

City Council, February 19, 1997

 

A regular session of the City Council is held Wednesday, February 19, 1997, at eight eight o'clock p.m.   All the members are present except Councilors Cute and Rabbitt and President Barry presides.

 

The reading of the records of February 5, 1997, is dispensed with and the records are approved as prepared by the Clerk.

 

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

 

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

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

 

B.         Communication from Roberta A. Turchetta, City Clerk, City of Cranston, to Richard J. Goldstein, CMC, City Clerk.  (Educational Financial Support - Resolution)

 

C.        Communication from Alberto J. LaGreca, Town Council President, Town of Smithfield, to Richard J. Goldstein, CMC, City Clerk.  (Educational Financial Support - Resolution)

 

D.        Communication from James D. Marques, CMC, Town Clerk, Town of North Kingstown, to City and Town Council members and School Committee members. (Educational Financial Support - Resolution)

 

E.         Communication from Donna L. Giordano, CMC, Town Clerk, Town of Westerly, to all City and Town Clerks.  (Resolution of the Town Council - Neighbor Day)

 

F.         Communication from Brian J. Kelly, Chairman of the Pawtucket School Committee, to President John J. Barry, III, of the Pawtucket City Council.  (Maintenance of effort for fiscal year 1998 and other school funding matters)

 

**G.    Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to Councilor William D. Vieira.  (Terrace Avenue)

 

H.        Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to Council President John J. Barry, III, and members of the Pawtucket City Council.  (Vacant/Abandon property report)

 

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

 

I.          Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Pawtucket City Council.  (Subdivision -- Terrace Avenue and Smithfield Avenue) is READ AND ORDERED FILED.

 

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 Councilor Thomas E. Hodge, Chair of the Ordinance  Committee, requesting that the ordinance committee review the building permits granted to the owners of property on Terrace Avenue, and then consider ordinances to address zoning problems with undersized lots that are brought to light by this matter. 

 

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

 

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

 

The Clerk is instructed to send a communication to John T. Gannon, City Solicitor,  to ask that he investigate the possibility of  Acontinuity zoning@ in the city.  This would require that houses be built to conform to neighborhood standards in designated zones.

 

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

 

Diana C. Dumin, 257 Woodhaven Road.  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 and Vieira.

 

Noes - 0.

 

HISTORIC DISTRICT COMMISSION

 

Diana C. Dumin, 257 Woodhaven Road.  Term expires first Monday in February, 2000.

 

Communication from His Honor Mayor Robert E. Metivier, submitting the following reappointment as a member of the City Planning Commission FOR CONFIRMATION:

 

Antero L. Martins, 54 Ferncrest Drive.  Term expires first Monday in January, 2002 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 and Vieira.

 

Noes - 0.

 

CITY PLANNING COMMISSION

 

Antero L. Martins, 54 Ferncrest Drive.  Term expires first Monday in January, 2002.

 

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

 

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

 

Noes - 0.

 

RESOLUTION SUPPORTING 97-H 5576 AND 97-S 190 ENTITLED, AAN ACT RELATING TO CRIMINAL OFFENSES -- TRESPASS AND VANDALISM.@

 

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

 

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

 

Noes - 0.

 

RESOLUTION SUPPORTING 97-H 5573 AND 97-S189 ENTITLED , AAN ACT RELATING TO CRIMINAL OFFENSES -- THREATS AND EXTORTION.@

 

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

 

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

 

Noes - 0.

 

RESOLUTION SUPPORTING 97-H5609 AND 97-S 191 ENTITLED, AAN ACT RELATING TO WEAPONS.@

 

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

 

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

 

Noes - 0.

 

RESOLUTION SUPPORTING 97-H 5760 AND 97-S411 ENTITLED, AJOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE (EDUCATION).

 

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

 

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

 

Noes - 0.

 

RESOLUTION SUPPORTING 97-S 177 AND 97-H 5569 ENTITLED AJOINT RESOLUTION MAKING AN APPROPRIATION OF $25,000 FOR THE PAWTUCKET PUBLIC LIBRARY.@

 

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

 

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

 

Noes - 0.

 

RESOLUTION SUPPORTING 97-H 5745 AND 97-S0813 ENTITLED, AAN ACT RELATING TO REAL ESTATE NONUTILIZATION TAX.@

 

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

 

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

 

Noes - 0.

 

RESOLUTION SUPPORTING 97-H 5710 AND 97-S 176 ENTITLED, AAN ACT RELATING TO SALES AND USE  TAXES -- LIABILITY AND COMPUTATION,@ AND DOES ALSO SUPPORT 97-H 5743 AND 97-S 195 ENTITLED, AAN ACT RELATING TO THE PERSONAL INCOME TAX.@

 

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 and Vieira.

 

Noes - 0.

 

ORDINANCE IN AMENDMENT OF CHAPTER 2437 OF THE ORDINANCES OF THE CITY OF PAWTUCKET .   (Penalties for parking in violation of winter rules)

 

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, to ask that he begin the process of preparing and advertising an RFP for auditing services for the city of Pawtucket for FYs 1997, 1998, 1999.

 

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 and Vieira.

 

Noes - 0.

 

ORDINANCE AUTHORIZING THE EXPENDITURE OF $500,000 FROM THE RESERVE FUND FOR UTILIZATION BY THE SCHOOL DEPARTMENT.

 

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

 

ENTERTAINMENT

 

Petition of Pawtucket Red Sox, for license to conduct Fireworks Display - Illumination show at McCoy Stadium, on Sunday, May 25, 1997, at 9:00 pm - 11:00 pm and Friday, July 4, 1997 at 9:00 pm - 11:00 pm.   LIC#1048M

 

PEDDLER LICENSES

 

(SPECIAL EVENT LIC. ST. PARTRICK=S DAY PARADE)

 

Roland O=Blain III, Res: 189 Fountain Street, (balloons & novelties) LIC#48

LOCATION: Roosevelt Avenue (City Hall) .

 

Jason Blain, Res: 187 Fountain Street, (balloon=s & novelties) LIC#49

LOCATION: Roosevelt Avenue and Main Street.

 

William Frank, Res: 53 Lafayette Street, (balloons & novelties) LIC#50

LOCATION: Corner of Main Street near parking garage.

 

SUNDAY SALES (FIRST CLASS)

 

Ro-Jack=s Food Stores Inc. (prev. First National Supermarkets Inc. d/b/a  Edward=s Super Food Stores) 295 Armistice Boulevard, LIC#20291

 

VICTUALLING HOUSE (FIRST CLASS)

 

Ro-Jack=s Food Stores Inc. (prev. First National Supermarkets Inc. d/b/a Edward=s Super Food Stores) 295 Armistice Boulevard, LIC#446

 

*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:

 

Daniel Silveira - surety, The Hanover Insurance Company.

 

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

 

MET P & C/Joshua Brothers - No amount specified

Germaine Greene - $100,000.00

Noelia Soares - $53.05

 

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, Doyle, Hodge, Moran and Vieira.

 

Noes - 0.

 

Claim of Rosa V. Ribeiro, in the amount of $220.94

Claim of Eileen C. Rock, in the amount of $210.00

 

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 Lynn W. Ironstone, in the amount of $306.28

Claim of Michael C. Brown, in the amount of $275.37/366.09

Claim of Jean Callahan, in the amount of $168.83

Claim of Edward R. Fitzpatrick, in the amount of $161.20

Claim of Pawtucket Fairlawn L.L., in the amount of $600.00

Claim of Deborah A. Soares, in the amount of $300.00/320.00

 

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

 

Claim of Wendy V. Fowler, by MET P & C, in the amount of $75.00

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

Communication from Mayor Robert E. Metivier, to members of the Pawtucket City Council.  (Internet and e-mail)

 

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

 

Communication from Mayor Robert E. Metivier, to members of the Pawtucket City Council.  (Internet and e-mail)

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

The Clerk is instructed to send a communication to Mayor Robert E. Metivier, requesting that he notifies the Council when the city knows the cost of creating a web page for the Internet.

 

COUNCILOR BARRY STEPS DOWN AT 8:54 O=CLOCK PM.

 

PRESIDENT PRO-TEMPORE VIEIRA PRESIDES 8:54 O=CLOCK PM.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Clerk is instructed to send a communication to Richard E. DeLyon, Chief of Police and Sgt. Monteiro, to ask that they regulate trucking on Division Street. Councilor Barry received several complaints from neighbors regarding this matter.  He is willing to sit with the officers on this detail to help alleviate this problem.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, the following motion made by Councilor Barry, 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, regarding concerns about the utility companies who are tearing up the streets in Pawtucket.

 

Councilor Barry notes that they are being filled with a cold patch until the spring; however, they are not being maintained by these companies.  Specifically, he noted that the portions of the streets which have been dug up are depressed and are not being filled with more cold patch to level them off.

 

Councilor Barry wants to know what has been done to make sure that the companies are maintaining the streets they tear up.  Second, if the companies are not going to do it, what can the public works departments do to ensure that they are maintained.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Doyle, 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 about the feasibility of hiring prisoners this spring for a cleanup of the sand on the sidewalks and gutters throughout the city.    He is especially concerned about the main thoroughfares.  He notes that if the sand is picked up, it can be recycled for next year.

 

COUNCIL PRESIDENT BARRY PRESIDES AT 9:04 O=CLOCK PM.

 

Upon motion made by Councilor Hodge, seconded by Councilor Vieira, the meeting is adjourned at nine six o=clock p.m. in memory of Collette Morgan.

February 19, 1997 - Regular City Council Session
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