City Council, October 22, 1997.
A regular session of the City Council is held Wednesday, October 22, 1997, at eight ten o=clock p.m. All the members are present except Councilors Cute, Doyle, and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS, TO MEET WITH REPRESENTATIVES OF COX COMMUNICATIONS AND TO HOLD THE PUBLIC HEARING ON THE RESIDENCY REQUIREMENT ORDINANCE.
COUNCILOR DOYLE ARRIVES AT 8:27 O=CLOCK P.M.
THE COUNCIL RECONVENES AT 8:42 O=CLOCK P.M.
The reading of the records of October 8, 1997, 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:
A. Communication from Ralph E. Mangiante, Acting Finance Director, to members of the Pawtucket City Council. (Fiscal period from July 1, 1997 through September 30, 1997)
B. Communication from Yvonne Smith, City Clerk, City of Newport, to all Cities and Towns. (Cap on non-profits tax exemption - Resolution)
C. Communication from Martin E. Joyce, Jr., Personnel Director, to members of the Pawtucket City Council. (Revised Allocation Roster - effective January 1, 1998)
D. Communication from Commander Robert Morris, Pawtucket Police, to James A. Coccia, C & D Auto Sales & Towing. (Pawtucket Police Tow List)
G. Communication from Patricia A. Valliere, CMC, Town Clerk, Town of Richmond, to Pawtucket City Council. (Educational financial support - Resolution)
H. Communication from Ralph E. Mangiante, Acting Finance Director, to Richard J. Goldstein, CMC/AAE, City Clerk. (Answers to the questions regarding bonds)
I. Communication from John T. Gannon, City Solicitor, to Council President John J. Barry, III. (Removal of Council Authority to Approve Contracts)
J. Communication from Joseph Roque, Purchasing Agent, to Pawtucket City Council. (Emergency Purchase Orders/September)
K. Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to Council President John J. Barry, III, and members of the City Council. (October vacant/abandon report)
L. Communication from John T. Gannon, City Solicitor, to Scott J. Partington, Esq. (Second request for clarification of Legal Opinion/L.H. Fox/request for additional fees)
**M. Communication from Sgt. John M. Monteiro, Pawtucket Police, to Pawtucket City Council. (Rice Street)
N. Communication from Terri Bisson, Rhode Island Recycles Day Steering Committee, to City or Town Clerks. (Rhode Island Recycles Day - Resolution)
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN:
E. Communication from Jack Keaney, Chairperson, Operator Certification Board, Rhode Island Department of Health, to Thomas F. Doucette, P.E., Acting Chief Engineer. (Pawtucket Water Supply Board - class 3 treatment operator requirement) is READ AND ORDERED FILED.
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 Thomas F. Doucette, P.E., Acting Chief Engineer, Pawtucket Water Supply Board, regarding the letter the Council received dated October 7, 1997, from Jack Keaney, Chairperson, Operator Certification Board, Department of Health , regarding certification of public drinking water supply operators.
The Council would like to know if the Water Supply Board will be able to work within the city=s residency requirement based on the information contained in this letter.
Also, the second paragraph of Mr. Keaney=s letter mentions a letter sent to Mike Woika in February 1996 regarding options available to public water systems which are attempting to hire new operators. The Council would like a copy of this letter and would also like to know why they have not been taking advantage of these options.
F. Communication from Michael E. Burns, Traffic Engineering Supervisor, to Pawtucket City Council. (Rice Street - One-Way Petition) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, 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, regarding the traffic problem on Rice Street. Instead of making Rice Street a one-way, Councilor Moran is suggesting that stop signs be placed on Rice Street at the intersection with Bart Street, making it a three-way stop intersection.
The Council would like his opinion on his suggestion.
Communication from William A. Bradley, Right of Way Consultant, Brooks Fiber Communications, to Office of the City Clerk. (Telecommunication lines) is READ AND ORDERED FILED AND THE REQUEST TO INSTALL TELECOMMUNICATION LINES IS APPROVED ON A UNANIMOUS VOICE VOTE.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following petition.
Petition from the residents on Archer Street, requesting that a four-way stop sign be put up at the corner of Archer and Rice Streets.
Upon motion made by Councilor Moran, seconded by Councilor Rabbitt, the following petition is READ AND ORDERED FILED AND REFERRED TO MIKE BURNS FOR HIS RECOMMENDATION:
Petition from the residents on Archer Street, requesting that a four-way stop sign be put up at the corner of Archer and Rice Streets.
THE CHAIR RECOGNIZES COUNCILOR BRAY, CHAIR OF THE CITY PROPERTY COMMITTEE.
Councilor Bray returns the following communication with a recommendation of APPROVAL AND INTRODUCES THE FOLLOWING RESOLUTION:
Communication from William J. Lynch, Esq., to John J. Barry, III, President of the Pawtucket City Council. (Purchase of city owned property on Roosevelt Avenue, Assessor=s Plat 43, Lot 498, adjacent to General Cable Building)
RESOLUTION OF THE CITY OF PAWTUCKET AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO AN AGREEMENT TO SELL LOT 498 ON PLAT 43. (Corner of Exchange Street and Roosevelt Avenue)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following amendment to the above resolution:
Add the following condition at the end of the resolution:
1. The property owner agrees to maintain an appropriate right-of-way consistent with the riverfront plan to allow public access to the river and along the entire length of the property abutting the river for future needs.
Upon motion made by Councilor Bray, seconded by Councilor Butler, the amendment to the resolution is APPROVED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
Upon motion made by Councilor Bray, the following communication is READ AND ORDERED FILED on a unanimous voice vote and the following resolution is read and PASSED AS AMENDED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
Communication from William J. Lynch, Esq., to John J. Barry, III, President of the Pawtucket City Council. (Purchase of city owned property on Roosevelt Avenue, Assessor=s Plat 43, Lot 498, adjacent to General Cable Building)
RESOLUTION OF THE CITY OF PAWTUCKET AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO AN AGREEMENT TO SELL LOT 498 ON PLAT 43. (Corner of Exchange Street and Roosevelt Avenue)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilors Rabbitt and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, to ask that he hire an appraiser for the property located at the corner of Exchange Street and Roosevelt Avenue, which is referenced as Plat 43 Lot 498. This appraisal is necessary to set a price to sell the parcel to Pui O Inc.
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 MARIA ALMEIDA.
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 MARIE L. MOUL.
COUNCILOR BUTLER LEAVES AT 9:05 O=CLOCK P.M.
The following resolution is read and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
COUNCILOR DOYLE LEAVES AT 9:06 O=CLOCK P.M.
The following ordinance is read for the second time, and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, 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 following ordinance is read for the second time, and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A REAL ESTATE NON-UTILIZATION TAX IN PAWTUCKET. AS AMENDED
The following ordinance is read for the second time, and PASSED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, 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
COUNCILOR BUTLER RETURNS AT 9:10 O=CLOCK P.M.
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, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
Claim of Maria C. Fonseca in the amount of $840.00
Claim of Estela Jesus in the amount of $667.13
COUNCILOR DOYLE RETURNS AT 9:13 O=CLOCK P.M.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT FOR FURTHER REVIEW:
Claim of Lisa Metcalf, by Attorney Kevin P. Landry, in the amount of $100,000.00
Claim of Wanda Roy, by Attorney Jonathan F. Oster, in the amount of $50,000.00
Claim of Suzette Tingley, by Attorney Richard A. Pacia, in no amount specified.
Claim of Raymond Walek, Attorney Manuel Andrews, 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 Lilliane Birch, in the amount of $382.45
Claim of Mark Bocchini, in the amount of $107.95
Claim of Anabela Malveiro, in the amount of $277.45
Claim of Gilbert F. Roy, Jr., by Attorney John S. Coughlin, in the amount of $50,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT SCHOOL DEPARTMENT:
Claim of Raymond Almstrom, by Attorney Thomas W. Pearlman, in the amount of $91,523.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT PAWTUCKET RED SOX:
Claim of Russell Hatch, by Attorney Florence A. Carey, in no amount specified.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
ORDINANCE IN AMENDMENT OF SECTION 108-8 OF THE CODE OF THE CITY OF PAWTUCKET, 1996. (Maximum number of liquor licenses)
THE FOLLOWING ORDINANCE IS TAKEN UP:
ORDINANCE WITH REFERENCE TO THE RESIDENCY OF EMPLOYEES.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Judith Weiss Cohen, to Councilor Thomas Hodge. (Residency rules)
Upon motion made by Councilor Hodge, seconded by Councilor Vieira, the following communication is READ AND ORDERED FILED.
Communication from Judith Weiss Cohen, to Councilor Thomas Hodge. (Residency rules)
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following amendment to the above ordinance:
Amend AVI. INDICIA OF RESIDENCY,@ as follows:
On line 3 of subsection AA.@ change Athree@ to Afive.@
Upon motion made by Councilor Doyle, seconded by Councilor Hodge, the following AMENDMENT to the ordinance entitled AORDINANCE WITH REFERENCE TO THE RESIDENCY OF EMPLOYEES@ is PASSED on a 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 WITH REFERENCE TO THE RESIDENCY OF EMPLOYEES. AS AMENDED
THE CHAIR RECOGNIZES COUNCILOR BUTLER.
With majority consent of the Council, Councilor Butler introduces the following communication:
Communication from Ralph E. Mangiante, Acting Finance Director, to members of the Pawtucket City Council. (Master Lease Bids)
Upon motion made by Councilor Butler, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
Communication from Ralph E. Mangiante, Acting Finance Director, to members of the Pawtucket City Council. (Master Lease Bids)
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
RESOLUTION APPROVING A TWO YEAR MASTER LEASE PURCHASE AGREEMENT FOR THE CITY OF PAWTUCKET.
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
SUNDAY SALES (FIRST CLASS)
Diplan=s Market Inc. (previously Francisca Sanchez DeGonzalez d/b/a Victor=s Mini Maket) 474 Weeden Street, LIC#20305
VICTUALLING HOUSE (FIRST CLASS)
Diplan=s Market Inc. (previously Francisca Sanchez DeGonzalez d/b/a Victor=s Mini Maket) 474 Weeden Street, LIC#471
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUIT:
George Cardosi - $926.04/1,021.62
Estela Jesus - $100,000.00
Paul F. Lopes - $1,277.03/1,350.00
Ester S. Norris - No amount specified
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following ordinance.
ORDINANCE ENTITLED MEMORIAL HOSPITAL AHOSPITAL ZONE@ PARKING.
Upon motion made by Councilor Hodge, seconded by Councilor Vieira, the following ordinance is REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
ORDINANCE ENTITLED MEMORIAL HOSPITAL AHOSPITAL ZONE@ PARKING.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Vieira, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, requesting an update on combining the four proposals on the use of the Slater Park zoo area into one usable proposal. Councilor Hodge is not interested in any other proposals for the use of this area.
Upon motion made by Councilor Vieira, seconded by Councilor Hodge, the meeting is adjourned at nine fifty-five o=clock p.m.