City Council, September 10, 1997.
A regular session of the City Council is held Wednesday, September 10, 1997, at eight o'clock p.m. All the members are present and President Barry presides.
The reading of the records of August 20, 1997, is dispensed with and the records are approved as prepared by the Clerk.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following communication:
Communication from Joseph A. Keough, Chief Judge of the Pawtucket Municipal Court, to John J. Barry, III, Council President and Pawtucket City Council. (Resignation as Chief Judge of the Pawtucket Municipal Court)
Upon motion made by Councilor Vieira, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED on a unanimous voice vote:
Communication from Joseph A. Keough, Chief Judge of the Pawtucket Municipal Court, to John J. Barry, III, Council President and Pawtucket City Council. (Resignation as Chief Judge of the Pawtucket Municipal Court)
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following communication:
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, Assessors Plat 43, Lot 498, adjacent to General Cable Building)
Upon motion made by Councilor Vieira, seconded by Councilor Hodge, the following communication is REFERRED TO THE PROPERTY COMMITTEE on a unanimous voice vote:
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, Assessors Plat 43, Lot 498, adjacent to General Cable Building)
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following communication:
Communication from Christian Morris, to John J. Barry, III, Council President. (Tennis Courts in the City of Pawtucket)
Upon motion made by Councilor Vieira, seconded by Councilor Hodge, the following communication is REFERRED TO THE RECREATION COMMITTEE on a unanimous voice vote:
Communication from Christian Morris, to John J. Barry, III, Council President. (Tennis Courts in the City of Pawtucket)
Upon Motion made by Councilor Vieira, seconded by Councilor Hodge, 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 July 31, 1997)
C. Communication from Dawn M. McCormick, Registrar, Board of Canvassers & Registrations, to Richard J. Goldstein, CMC, City Clerk. (New voting equipment)
D. Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to members of the Pawtucket City Council. (Friendship Gardens Vegetation)
**E. Communication from John T. Gannon, City Solicitor, to Richard E. DeLyon, Chief of Police. (Legal Opinion - Residency)
**F. Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to John J. Barry, III, City Council President and members of the City Council. (Pascale Block Property)
G. Communication from Richard J. Goldstein, CMC, City Clerk, to all members of the City Council. (Rehabilitation Loan Program)
**H. Communication from Thomas F. Doucette, P.E., Acting Chief Engineer, Pawtucket Water Supply Board, to Richard J. Goldstein, CMC, City Clerk. (Ponds at Slater Park)
I. Communication from Grover J. Fugate, Executive Director Coastal Resources Management Council, to Frank A. Rendine, PE, City of Pawtucket Department of Planning and Redevelopment. (CRMC Assent B90-6-82 Modification; Repairs/improvements to 120 l.f. of structural shoreline protection, Taft Street, Plat 54, Lot 827)
J. Communication from Richard E. DeLyon, Chief of Police, to John T. Gannon, City Solicitor. (Residency requirement)
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN:
B. Communication from Joseph Roque, Purchasing Agent, to members of the Pawtucket City Council. (Emergency purchase orders/July) is READ AND ORDERED FILED.
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 Joseph Roque, Purchasing Agent, regarding the purchase of police vehicles over the last three months.
The Council would like to know the details of those purchases, including:
1. Where they were purchased?
2. Was it put out to bid?
3. Were there any other city vehicles purchased from the same dealership?
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 Richard E. DeLyon, Chief of Police, regarding the purchase of police vehicles over the last three months.
Specifically, Councilor Cute was informed that these vehicles were purchased for the officers in charge of the police dogs in the city. The Councilor would like to know why, if this is true, do dogs need $35,000 to $38,000 Chevy Suburbans to ride around in.
Petition for CLASS C SECOND HAND SHOP LICENSE of Al Davis d/b/a The Tool Shed, 580 Newport Avenue, Tax Assessor=s Plat 49, Lot 736, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used hand and power tools, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Al Davis, 39A Bencliff Circle, Newton, MA.
Mr. Davis states that he has been in this business for 18 years. He buys the hand tools in bulk and sells them one at a time.
The hours will be Thursdays from 11:00 am - 3:00 pm., Fridays and Saturdays from 1:00 pm - 5:00 pm . Most of the time he will be spending on the road.
There are no other speakers.
The hearing is closed.
Upon motion made by Councilor Rabbitt, seconded by Councilors Moran and Hodge, the following license is GRANTED on a unanimous voice vote:
Petition for CLASS C SECOND HAND SHOP LICENSE of Al Davis d/b/a The Tool Shed, 580 Newport Avenue, Tax Assessor=s Plat 49, Lot 736, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used hand and power tools. LIC#40234
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 William Mulholland, Director of Parks and Recreation, to ask him to inspect the tennis courts at Slater Park, Vets Park, and School Street, to check them for cracks and other defects.
The Council understands that the contract with Frank Kline to fix the courts has a clause which states that he is not responsible for any cracks which come back over the winter. Therefore, the Council is asking that Mr. Mulholland have Mr. Kline come in and repair the courts now while they are still under warrantee, or get the money back that the city spent to have them fixed.
Petition for CLASS C SECOND HAND SHOP LICENSE of Kathleen Borges d/b/a The Broadway Exchange (previously Heidi Dubuque d/b/a The Broadway Exchange) 654 Broadway, Tax Assessor=s Plat 6, Lot 145, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used clothing and bric-a-brac, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Kathleen Borges, 57 West Avenue, Pawtucket, RI.
Ms. Borges will run the business the same way that it was run by the previous owner. The business has been there for five years.
The are no other speakers.
The hearing is closed.
Upon motion made by Councilor Moran, seconded by Councilor Vieira, the following license is GRANTED on a unanimous voice vote:
Petition for CLASS C SECOND HAND SHOP LICENSE of Kathleen Borges d/b/a The Broadway Exchange (previously Heidi Dubuque d/b/a The Broadway Exchange) 654 Broadway, Tax Assessor=s Plat 6, Lot 145, to keep a shop for the purpose of purchasing and selling second hand articles, specifically, used clothing and bric-a-bra. LIC#40233
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 ACCEPTING THE CARE OF BURIAL LOT OF FRANCISCO MEDINA.
THE CHAIR RECOGNIZES COUNCILOR BUTLER.
With majority consent of the Council, the following motion made by Councilor Butler, seconded by Councilor Vieira, 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 that he send a crew to clean the weeds and trash on the off ramps and on ramps to route 95 off of School Street, if the Department of Transportation will not do it.
The Council wants Mr. Leitao to bill the D.O.T. for any work done by the city on those roads.
COUNCILOR BUTLER LEAVES AT 8:23 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, Cute, Doyle, Moran, Rabbitt and Vieira.
Noes - Councilor Hodge.
ORDINANCE RELATING TO THE ZONING BOARD OF REVIEW: MONTHLY STIPEND.
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, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
ORDINANCE RELATING TO THE PAWTUCKET REDEVELOPMENT AGENCY MONTHLY STIPEND.
COUNCILOR BUTLER RETURNS AT 8:26 P.M.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following resolution:
Upon motion made by Councilor Hodge, seconded by Councilors Bray and 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.
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 2461 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED AAN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. AS AMENDED (Sr. Computer Systems Programmer)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following ordinances and communication:
ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A REAL ESTATE NON-UTILIZATION TAX IN PAWTUCKET.
ORDINANCE REGULATING VENDING MACHINES IN THE CITY OF PAWTUCKET.
Communication from John T. Gannon, City Solicitor, to Councilor William J. Vieira. (Enabling Legislation - Vending Machines)
Upon motion made by Councilor Hodge, seconded by Councilor Rabbitt, the following ordinances and the communication are REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A REAL ESTATE NON-UTILIZATION TAX IN PAWTUCKET.
ORDINANCE REGULATING VENDING MACHINES IN THE CITY OF PAWTUCKET.
Communication from John T. Gannon, City Solicitor, to Councilor William J. Vieira. (Enabling Legislation - Vending Machines)
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 20, 1997, AND IS AGAIN TAKEN UP AND IS GRANTED WITH THE FOLLOWING STIPULATIONS, ON A UNANIMOUS VOICE VOTE:
*STIPULATIONS.
1. No cars parked on sidewalk in front of building.
2. Maximum of 3 cars may be left outside overnight on the left side of the building.
3. No cars for sale.
4. No tires left outside.
5. No car stripping for junk or sale done outside of building.
6. No body work.
7. All work on cars to be done inside of building; not on sidewalk, or in front of door or in lot.
8. No towing of cars after Six P.M. (6:00 P.M.)
9. Work hours Eight A.M. to Six P.M. (8:00 A.M. to 6:00 P.M.) Monday - Friday, and Eight A.M. to One P.M. ( 8:00 A.M. to 1:00 P.M.) on Saturday.
10. No working on customer cars on Sunday. Personal cars - 2 cars and a truck no earlier than 11:00 A.M.
11. No more than six (6) vehicles during business hours in lot at any given time.
12. Tow truck kept inside after business hours.
13. No cars parked in thruway after working hours.
14. No vehicles on lot for more than thirty (30) days.
AUTO REPAIR SHOP LICENSE
Donat J. Parenteau d/b/a Steve=s All Phase Auto Center, 476 York Avenue. LIC#30223
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of Council, Councilor Rabbitt introduces the following affidavit:
Affidavit from Donat J. Parenteau, to Pawtucket City Council. (Steve=s All Phase Auto Center)
Upon motion made by Councilor Rabbitt, seconded by Councilor Hodge, the following affidavit is READ AND ORDERED FILED.
Affidavit from Donat J. Parenteau, to Pawtucket City Council. (Steve=s All Phase Auto Center)
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 Clerk is instructed to send a communication to Ronald J. Leitao, Acting Director of Public Works, to ask that he inspect the new street light which was put up at the intersection of First and Federal Streets. Councilor Rabbitt is concerned because it is very dark in that area, and he is not sure if the problem is caused by a tree blocking the light or the light is just not sufficient for that intersection.
The Council would like his recommendations to brighten up that area.
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
SUNDAY SALES (SECOND CLASS) NEW
Al Davis d/b/a The Tool Shed, 580 Newport Avenue, LIC#20301
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS)
Lucien Pine d/b/a Lucien=s (transfer from Kennedy Collins Post Department of Rhode Island No 76 The American Legion) 82 Pawtucket Avenue, LIC#466
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 Martin E. Joyce, Jr., Director of Personnel, requesting a list of all current police officers, fire fighters, school personnel, municipal and water employees, who have been hired since July 1, 1995, and are therefore required to live in the city.
The Councilor is not interested in those employees who have been hired since then, but are no longer working for the city or who are only temporary employees.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following motion made by Councilor Doyle, seconded by entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Robert Magill, to wish him a very happy and healthy 85th birthday and many more in the future.
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 John T. Gannon, City Solicitor, asking him to research Aresident only@ parking ordinances in other cities such as Boston, Newport, Providence, etc., and then draft such an ordinance for the city of Pawtucket.
THE CHAIR RECOGNIZES COUNCILOR MORAN, CHAIR OF THE COMMITTEE ON CLAIMS AND PENDING SUITS:
With majority consent of the Council, Councilor Moran introduces the following claim, with a recommendation for PAYMENT by the Committee on Claims and Pending Suits.
Claim of Ernest Blanchette, in the amount of $3,850.00.
Upon motion made by Councilor Moran, seconded by Councilors Vieira and Bray, the following claim is APPROVED for payment on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Butler, Cute, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0.
Claim of Ernest Blanchette, in the amount of $3,850.00.
THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
IN-LINE SKATING FACILITY (NEW)
Rhode Island Skate Park Incorporated, 84 Fountain Street, (expires one year from granting) LIC#1079M
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 Lt. Steven Johnson, Fire Prevention Officer, and Ronald F. Travers, Director of Zoning and Code Enforcement, to ask that they inspect 84 Fountain Street, where an in-line skating arena is being proposed to be built on the third floor.
In this inspection, please include the capacity of the skating rink, the number of parking spaces available for use by the patrons of the rink.
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 Ronald F. Travers, Director of Zoning and Code Enforcement, to ask that he inspect a lot on Overland Avenue at the intersection of Atwood Avenue.
The Council would like to know in addition to the results of inspection, who owns that property and if there are any violations currently outstanding at that location.
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP LICENSE (RENEWAL)
Roland & Linda Nadeau d/b/a Oliver=s Auto Body, 21 Buffum Street, LIC#30162
BINGO LICENSES (RENEWALS)
Darlington Braves Inc., 92 East Avenue, Sundays from 4:00 pm - 10:00 pm LIC#C0004
St. Basil The Great Church, 92 East Avenue, Tuesdays from 6:30 pm - 10:00 pm LIC#C0007
St. Basil The Great, 92 East Avenue, Fridays from 6:30 p.m. - 10:00 pm LIC#C0022
FLEA MARKET LICENSE (RENEWAL)
Jean B. Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market) 360 Broad Street, (portion of former train station) LIC#8
PAWN SHOP LICENSE (RENEWAL)
H & B Associates d/b/a Pawtucket Pawn Brokers, 261 Main Street, (expires one year from granting) LIC#1100
PEDDLER LICENSES (NEW)
Celestino V. Couto, 274 California Avenue, Providence, RI, (Seafood) LIC#61
LOCATION: All of Pawtucket
Homier Distributing Inc., 84 Commercial Road, Huntington, IN, (tools, electronics, housewares, home furnishing etc) at 67 Garrity Street (Bobby=s Banquet Hall) on October 1, 2, 3, 1997, from 10:00 am. - 8:00 pm and October 4, 1997, from 10:00 am - 6:00 pm., LIC#62
EMPLOYEES: Gary Wheeler, 38 Myrick Street, Ayer, MA
Gary Carpenter, 912 Laporte St., Waco, TX
James Shumaker, 321 N. 10th Street, Gas City, IN
James G. Kehle, P.O. Box 351, Ahwahnee, CA
SECOND HAND SHOP LICENSE (RENEWAL)
Roland & Linda Nadeau d/b/a Oliver=s Auto Body, 21 Buffum Street, LIC#40150
SUNDAY SALES LICENSE (SECOND CLASS) NEW
Danglares Lopes d/b/a Lopes Grapes, 151 Benefit Street (selling from refrigerated trailer truck in parking lot) LIC#20300
VICTUALLING HOUSE (FIRST CLASS) NEW
Tod C. McCrae d/b/a Magoo=s Deli & Weiner Joint, 574 Smithfield Avenue, LIC#464
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Mark Bocchini - $107.95
Anabela Malveiro - $277.45
Suzette Tingley - No amount specified
Upon motion made by Councilor Vieira, seconded by Councilor Hodge, the meeting is adjourned at nine two o=clock p.m.