City Council, October 8, 1997.
A regular session of the City Council is held Wednesday, October 8, 1997, at nine three o'clock p.m. All the members are present and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE THE MEETING OF THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT NINE TWENTY-FIVE O=CLOCK P.M.
The reading of the records of September 24, 1997, is dispensed with and the records are approved as prepared by the Clerk.
Upon motion made by Councilor Vieira, seconded by Councilor Rabbitt, the *Consent Agenda is approved on a unanimous voice vote.
THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
A. Communication from Dolores Sisson, to Pawtucket Parks Commission. (Minutes of the Parks Commission - June 3, 1997 and September 2, 1997)
**B. Communication from Michael E. Burns, Traffic Engineering Supervisor, to Pawtucket City Council. (Anderton Avenue at Power Road-Defaced Cabinet)
D. Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Paul J. Valois. (Indoor Skateboard Park)
E. Communication from Ronald J. Leitao, Acting Director of Public Works, to Pawtucket City Council. (Weeding program)
F. Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to Council President John J. Barry, III and City Council members. (Utility boxes - graffiti)
G. Communication from Ronald F. Travers, Director of Zoning and Code Enforcement to Council President John J. Barry, III and City Council members. (559 Beverage Hill Avenue and 67 Gloria Street)
H. Communication from Ronald J. Leitao, Acting Director of Public Works, to Pawtucket City Council. (Water problem on the north side of Lee Street)
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN:
C. Communication from Martin E. Joyce, Personnel Director to members of the Pawtucket City Council. (Bargaining Agreement between City of Pawtucket and Pawtucket Fire Fighters Independent Union July 1, 1996, to June 30, 1997) 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 John T. Gannon, City Solicitor, to explain to the Council about the removal from the Charter of the section which gave the Council the authority to approve all personal service contracts.
Specifically, the Council would like to know when that section was removed and why it was removed.
Communication from Ralph E. Mangiante, Acting Finance Director, to members of the City Council. (Master Lease Purchase Program) is READ AND ORDERED FILED AND THE REQUEST TO GO OUT FOR BID FOR THE TWO YEAR MASTER LEASE PROGRAM IS APPROVED ON A UNANIMOUS VOICE VOTE.
Communication from His Honor Mayor Robert E. Metivier, submitting the following reappointment as a member of the Pawtucket Redevelopment Agency FOR CONFIRMATION:
Benjamin C. Chester, 96 King Philip Road. Term expires September 12, 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, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
PAWTUCKET REDEVELOPMENT AGENCY
Benjamin C. Chester, 96 King Philip Road. Term expires September 12, 2002.
UPON RECOMMENDATION OF THE PROPERTY AND FINANCE COMMITTEES, 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.
RESOLUTION OF THE CITY OF PAWTUCKET AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO AN AGREEMENT TO PURCHASE LOT 255 ON PLAT 13. (Central Avenue)
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.
RESOLUTION OF THE CITY OF PAWTUCKET AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO AN AGREEMENT TO SELL LOT 599 ON PLAT 24. (Corner Division Street and 140-142 South Bend Street)
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT:
ORDINANCE IN AMENDMENT OF CHAPTER 298 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET (Vandalism of Government Property)
Section 298-14. Violations and Penalties
Line 3 - Change AFive hundred dollars ($500)@ to Athe maximum allowed by law.@
Upon motion made by Councilor Hodge, seconded by Councilor Rabbitt, the AMENDMENT to the ordinance entitled AORDINANCE IN AMENDMENT OF CHAPTER 298 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET (Vandalism of Government Property)@ is 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 MORAN.
With majority consent of the Council, Councilor Moran introduces the following petition:
Petition from the residents on Rice Street requesting that Rice Street be made a one way street.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following petition is REFERRED to Mike Burns for his recommendation on a unanimous voice vote:
Petition from the residents on Rice Street requesting that Rice Street be made a one way street.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, 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, to ask that he forward to the Council, a listing of all speeding tickets which were given out on Rice Street or Archer Street over the last twelve months.
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.
ORDINANCE IN AMENDMENT OF CHAPTER 298 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET (Vandalism of Government Property) AS AMENDED
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENTS:
ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A REAL ESTATE NON-UTILIZATION TAX IN PAWTUCKET.
Section 2. Add at the end,
Awhich is as follows:
>Abandon= or >abandonment= means a situation where the owner of a building has intended to abandon the building and has manifested the intent with some act or failure to act. In determining whether an owner has abandoned his or her building, a court shall infer the intent of the owner from the existence of serious code violations which pose a health and/or safety hazard to the community and which have gone unrepaired for an unreasonable amount of time and from any of the surrounding facts and circumstances including, but not limited to the following:
(I) Whether or not the building is vacant;
(ii) Whether or not the grounds are maintained;
(iii) Whether or not the building=s interior is sound;
(iv) Whether or not any vandalism on the building has gone unrepaired;
(v) Whether or not rents have been collected from the building=s tenants by the owner;
(vi) The length of time any of the above conditions have existed.@
Section 3. Line 2, add after the word Aabandoned@ the words Aas determined by the Pawtucket Housing Court,@
Section 6. Lines 2 and 4, change Athirty (30)@ to Asixty (60).@
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the AMENDMENTS to the ordinance entitled AORDINANCE AUTHORIZING THE ESTABLISHMENT OF A REAL ESTATE NON-UTILIZATION TAX IN PAWTUCKET@ is 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, CHAIR OF THE ORDINANCE COMMITTEE.
With majority consent of the Council, Councilor Hodge introduces the following ordinance:
ORDINANCE WITH REFERENCE TO THE RESIDENCY OF EMPLOYEES.
Upon motion made by Councilor Hodge, seconded by Councilor Cute, the following ordinance is LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR OCTOBER 22, 1997, AT 8:00 P.M., on a unanimous voice vote:
ORDINANCE WITH REFERENCE TO THE RESIDENCY OF EMPLOYEES.
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.
ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A REAL ESTATE NON-UTILIZATION TAX IN PAWTUCKET. AS AMENDED
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENTS:
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE)
Section 1.
Amend Section 410.35 Historic District Commission procedure, to read as follows:
AThe Historic District Commission shall, within sixty (60) days after the public hearing, adopt by resolution a recommendation that the nominated structure or Historic District does meet the criteria for designation in Subsection B of this section. Nominated properties shall have a letter of consent from the owner or trustee on file with the Commission. The resolution shall be accompanied by a report to the City Council and City Planning Commission containing the rationale for approving any nomination.@
Section 3.
Amend as follows:
Eliminate the following properties from designation within the historic districts:
| | House Number | Plat | Lot |
| | | | |
| Quality Hill Historic District | | | |
| | | | |
| Grove Street | #55 | 22A | 102 |
| Walcott Street | #178 | 21A | 138 |
| | | | |
| Sayles Heights Historic District | | | |
| | | | |
| Sayles Avenue | #28 | 64A | 605 |
| Sayles Avenue | #38 | 64A | 606 |
| Kenilworth Way | #16 | 64A | 617 |
| Kenilworth Way | #19 | 64A | 732 |
| Kenilworth Way | #22 | 64A | 618 |
| Kenilworth Way | #28 | 64A | 619 |
| Progress Street | #133 | 64A | 652 |
| Capwell Street | #57 | 64A | 702 |
| | | | |
| White Street Historic District | | | |
| | | | |
| White Street | #8 | 55B | 301 |
Upon motion made by Councilor Bray, seconded by Councilor Rabbitt, the AMENDMENTS to the ordinance entitled AORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE)@ is 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 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.
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) AS AMENDED
*THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
PRIVATE DETECTIVE (NEW)
Richard Macedo, 101 Sission Street, LIC#160
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
Richard Macedo - surety, Western Surety Company.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Kurtis R. Brown - No amount specified
Sue Chase - $139.90
Carmen Horowitz - $100,000.00
David Tager - $100,000.00
Donna White - $1,196.59
THE FOLLOWING LICENSE IS TAKEN UP:
VICTUALLING HOUSE (FIRST CLASS)
Casa De Vicente Inc., 270 Dexter Street, LIC#344
Upon motion made by Councilor Vieira, seconded by Councilor Hodge, after a formal hearing before the City Council, sitting as the Board of License Commissioners, the following license is PERMANENTLY REVOKED on a unanimous voice vote:
VICTUALLING HOUSE (FIRST CLASS)
Casa De Vicente Inc., 270 Dexter Street, LIC#344
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following motion made by Councilor Vieira, seconded by Councilors Hodge, Moran and Rabbitt, is PASSED on a unanimous voice vote:
The Clerk is instructed to prepare an ordinance to reduce the maximum number of B (Victualer) Liquor Licenses by one.
COUNCILOR BARRY STEPS DOWN AT 9:45 PM.
PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from John T. Gannon, City Solicitor, to President John J. Barry, III. (L.H. Fox & Associates)
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
Communication from John T. Gannon, City Solicitor, to President John J. Barry, III. (L.H. Fox & Associates)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by the entire Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, regarding L. H. Fox and Associates.
Specifically, the Council wanted to inform Mr. Gannon that they do not agree with his position that the matter of the additional payment to Mr. Fox is disposed of in accordance with his previously noted opinion, because Mr. Partington has not responded to his letter. The Council is suggesting that he send a second letter to Mr. Partington with his request for information. If Mr. Gannon chooses not to send a second letter to Mr. Partington, the Council will assume that Mr. Gannon is in agreement with Mr. Partington=s position on this matter.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilors Bray, Butler, Cute, Doyle, Hodge, Rabbitt and Vieira, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, requesting that he pay Mr. Partington in the amount of $1,650.00.
Councilor Moran votes ANo@
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the meeting is adjourned at nine fifty-eight o=clock p.m.