August 25, 1993 - Regular City Council Session

City Council, August 25, 1993

A regular session of the City Council is held Wednesday, August 25, 1993, at eight ten o’clock p.m. All the members are present and President Barry presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.

THE COUNCIL RECONVENES AT 8:15 PM.

The reading of the Records of August 11 and 18, 1993, are dispensed with and the Records are approved as prepared by the Clerk.

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

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

Illegible A.        Communication from Governor Bruce Sundlun, to Richard J. Goldstein, City Clerk. (Relocating the Central Registry)

592      C.        Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Pawtucket City Council. (Dedication of McCarthy Park/Houle Park)

592      D.        Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Pawtucket City Council. (Former Pawtucket/Central Falls Railroad Station)

592      E.         Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Pawtucket City Council. (Old State Pier/School Street)

028      **F.     Communication from Bradford E. Southworth, Secretary to Personnel Board to Council President John J. Barry, III. (Pay Raises for Mayor’s Staff)

592      **G.    Communication from Tom Willett, Deputy Director of Department of Planning and Redevelopment to Pawtucket City Council. (McCoy Stadium Track Repair)

622      H.        Communication from Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to Council President John J. Barry, III. (Parents Marina)

622      I.          Communication from Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to Council President John J. Barry, III. (Properties of Walter and Frances Burt and Raymond Burt)

590      **K.    Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III ("Parking Ban" Ordinance)

1          **L.     Communication from William T. Noonan, Director of Public Safety to Pawtucket City Council. (Fire Department Communication System)

625      M.        Communication from William T. Noonan, Administrative Assistant to Pawtucket City Council. (Contract between the I.A.F.F. and the City of Pawtucket)

1          N.        Communication from William T. Noonan, Director of Public Safety to Pawtucket City Council. (F.O.P. Contract)

061      O.        Communication from Jack Rahill, Finance Director to Members of the Pawtucket City Council. (Fiscal period from July 1, 1993, through July 31, 1993)

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

1          B.         Communication from Richard E. DeLyon, Chief of Police to Richard J. Goldstein, City Clerk. (Home Confinement Program) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Calista, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Richard E. DeLyon, Chief of Police, regarding his concerns with home confinement in the City. The Council wants to do whatever it can to help him in his efforts to solve the problem of criminals being placed in high crime areas in the City.

Councilor Clement is asking that a joint meeting with State and City Officials be set up to address the home confinement program. Therefore, the Council is asking that he coordinate this Joint City Council and State Legislative meeting to address this issue.

Councilor Calista asks that the City Clerk’s Office assist the Chief by notifying the State Legislators and the City Council when he is ready to set up a joint meeting.

Illegible J.          Communication from Albertino Vicente, Affirmative Action Coordinator, to Pawtucket City Council, (Affirmative Action Plan) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Calista, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Albertino Vicente, Affirmative Action Coordinator, requesting that he attend a pre-council meeting on Wednesday, September 22, 1993.

The purpose of this meeting is to have an open dialogue between Mr. Vicente and the City Council to discuss the status of his Affirmative Action Plan.

The Council is asking that he provide an outline and time table on this Plan as well as a report of his meetings with the different minority groups in the City at the September 22nd meeting.

Upon a further Motion, Councilor Calista is requesting that Mr. Vicente make a good faith effort to meet with representatives of PUMA and the different minority groups prior to the September 22nd meeting.

A further Motion by Councilor Clement is unanimously passed requesting that the Council President appoint an Ad Hoc Committee to look into the Affirmative Action Plan to ensure that a system be in place. President Barry will appoint said Committee at the September 8, 1993, meeting.

028      Communication from Donna L. Brady to Pawtucket City Council, (Pay Raises for Mayor’s Staff) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Bradford E. Southworth, Secretary, Personnel Board, requesting that the questions raised in the letter from Donna Brady be addressed the Personnel Board submits its opinion on the pay raises granted to the members of the Mayor’s staff.

609      Communication from Pamela K. Greenwood, C.S. Manager – Right of Way, New England Telephone Company, to Richard J. Goldstein, City Clerk, (Walcott Street) is APPROVED PENDING APPROVAL FROM DIRECTOR OF PUBLIC WORKS.

THE CHAIR RECOGNIZES COUNCILOR DOYLE.

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

613      Communication from John T. Gannon, City Solicitor, to Councilor James E. Doyle. (Welfare Department Lease)

Upon Motion made by Councilor Doyle, seconded by Councilor Calista, the following communication is READ AND ORDERED FILED:

Communication from John T. Gannon, City Solicitor, to Councilor James E. Doyle. (Welfare Department Lease)

COUNCILOR KINDER LEAVES THE COUNCIL CHAMBER AT 8:40 PM.

COUNCILOR VIEIRA LEAVES THE COUNCIL CHAMBER AT 8:40 PM.

THE FOLLOWING RATIFICATION IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Ratification of the Contract between the City of Pawtucket and I.A.F.F. Local 1261.

COUNCILOR VIEIRA RETURNS AT 8:49 PM.

COUNCILOR KINDER RETURNS AT 8:50 PM.

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Calista, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Robert Billington, Blackstone Valley Tourism Council, to thank him and the Blackstone Valley Tourism Council, for making the International Steamboat Muster such a great success.

THE CHAIR RECOGNIZES COUNCILOR CLEMENT.

With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Calista, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Mayor Robert E. Metivier, regarding the vacant zoo at Slater Park.

The Council is requesting that he provide an update on the status for the use of the vacated space which previously housed the animals at the zoo. The Council wishes him to know that they are offering any assistance that he may need in this matter.

THE FOLLOWING COMMUNICATION WAS LAID ON THE TABLE AT THE MEETING HELD JULY 21, 1993, AND IS AGAIN TAKEN UP AND IS READ AND ORDERED FILED AND THE BY-LAWS OF THE COMMUNITY PARTNERSHIP FOR SUBSTANCE ABUSE PREVENTION ARE APPROVED ON A VOICE VOTE:

Abstain – Council President Barry and Councilor Clement.

028      Memo from Richard J. Goldstein, City Clerk to Members of the Pawtucket City Council. (Community Partnership for Substance Abuse Prevention by-laws)

COUNCIL PRESIDENT BARRY LEAVES THE COUNCIL CHAMBER AT 8:53 PM.

PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.

COUNCILOR RABBITT LEAVES THE COUNCIL CHAMBER AT 8:53 PM.

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Cesar’s Car Palace Inc., (100% change of stockholders) 519 Pawtucket Avenue, Tax Assessor’s Plat 63, Lot 717, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repairing same, which was advertised for a hearing at this time, is taken up: LIC #30144 & #40127

Representing the applicant is Robert Brousseau, Attorney, 545 Dexter Street, Central Falls, RI.

Mr. Brousseau states that he is at this meeting on behalf of both the buyers and the current owners. Mr. Brousseau states that the business will be operated the same as it always has been.

The applicants will sell used cars which are purchased at an auto auction. They have a license to do auto body work and painting on only those cars which are to be sold. They cannot do this type of work on cars off the street.

The hours of operation will be 8:00 a.m. – 5:00 p.m., Monday-Saturday. The lot will hold 8-9 cars.

Councilor Calista speaks on behalf of a neighbor who contacted him with the concern that the business will be expanded.

Mr. Brousseau states that it will not be expanded, but will be run as it is now.

Speaking in opposition is Ricardo Mariscal, 114 Trenton Street, Pawtucket, RI.

Mr. Mariscal states that he is not opposing the license, but states that when the zoning variance was granted in 1991, certain improvements were to be made and some have not been.

His main concern is an odor problem coming from the paint booth. This has never been taken care of properly.

Therefore, he is asking that the conditions in the zoning decision be adhered to.

There are no other speakers.

The Hearing is closed.

The following applications are LAID ON THE TABLE on a unanimous voice vote:

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Cesar’s Car Palace Inc., (100% change of stockholders) 519 Pawtucket Avenue, Tax Assessor’s Plat 63, Lot 717, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repairing same. LIC #30144 & #40127

THE CHAIR RECOGNIZES COUNCILOR BRAY.

With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilor Kinder, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Frank A. Rendine, P. E., Director of Zoning and Code Enforcement, regarding the application for Auto Repair Shop and Second Hand Shop Licenses at 519 Pawtucket Avenue, requested by Cesar’s Car Palace Inc.

The Council is requesting that Mr. Rendine or his representative inspect the premises, in particular the paint spray booth, to ensure that this business is in compliance with City Codes.

COUNCILOR RABBITT RETURNS AT 9:04 PM.

COUNCILOR BARRY RETURNS AND PRESIDES AT 9:05 PM.

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Main Street Collision Center Inc., (previously Domenic S. Coccia, Jr., d/b/a Coccia Brothers Auto Sales) 626 Main Street, Tax Assessor’s Plat 53, Lot 381, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repairing same, which was advertised for a hearing at this time, is taken up: LIC #30143 & LIC #40126

Representing the applicant is Attorney Steven DeLibero, 201 Hillside Road, Cranston, RI.

Mr. DiLibero states that Mr. Coccia’s son will be taking over this business due to the ill health of Mr. Coccia. The business will run the same as it has for the last 40 years.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the following licenses are Granted on a unanimous voice vote:

Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Main Street Collision Center Inc., (previously Domenic S. Coccia, Jr., d/b/a Coccia Brothers Auto Sales) 626 Main Street, Tax Assessor’s Plat 53, Lot 381, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repairing same. LIC #30143 & LIC #40126

COUNCILORS BRAY AND CLEMENT LEAVE THE CHAMBER AT 9:13 PM.

THE CHAIR RECOGNIZES COUNCILOR CALISTA.

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

Communication from John T. Gannon, City Solicitor, to Councilor Calista. (Lease of J.C. Potter Casino)

Upon Motion made by Councilor Calista, seconded by Councilor Rabbitt, the following communication is Read and Ordered Filed and Referred to the City Property Committee and legal Department:

Communication from John T. Gannon, City Solicitor, to Councilor Calista. (Lease of J.C. Potter Casino)

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

Ayes – President Barry, Councilors Calista, Doyle, Kinder, Moran, Rabbitt and Vieira.

Noes – 0

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF BRENDA L. GILBERT.

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

Ayes – President Barry, Councilors Calista, Doyle, Kinder, Moran, Rabbitt and Vieira.

Noes – 0

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF NILSA LERDO.

COUNCILOR BRAY RETURNS AT 9:18 PM.

THE CHAIR RECOGNIZES COUNCILOR KINDER.

With majority consent of the Council, Councilor Kinder introduces the following entitled resolution:

588      RESOLUTION IN AMENDMENT OF THE RULES OF THE CITY COUNCIL FOR THE TERM OF 1992-1993 (Registration Time for Public Input Period.

Upon Motion made by Councilor Kinder, seconded by Councilor Vieira, the following resolution is READ AND PASSED on a unanimous voice vote:

RESOLUTION IN AMENDMENT OF THE RULES OF THE CITY COUNCIL FOR THE TERM OF 1992-1993 (Registration Time for Public Input Period.

THE CHAIR RECOGNIZES COUNCILOR KINDER.

With majority consent of the Council, Councilor Kinder submits the following report from the Committee on Claims and Pending Suits:

RECOMMENDED FOR PAYMENT

Claim of Robert Tamborelli, in the amount of $458.3

Upon Motion made by Councilor Kinder, seconded by Councilor Vieira, the recommendation for payment of the following claim is approved on a roll call vote, as follows:

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

Noes - 0.

Abstains - Councilors Calista and Rabbitt.

Claim of Robert Tamborelli, in the amount of $458.31

Communication from Ralph T. Garner to Pawtucket City Council requesting d/b/a change for Cajun Joe’s, 295 Armistice Boulevard from doing business as Sal’s and Jean’s Pasta and Grill back to the Plaza Diner, is READ AND ORDERED FILED AND THE REQUEST TO CHANGE D/B/A IS APPROVED ON A UNANIMOUS VOICE VOTE.

COUNCILOR CLEMENT RETURNS AT 9:25 PM.

COUNCIL PRESIDENT BARRY STEPS DOWN AT 9:25 PM AND COUNCIL PRESIDENT PRO-TEMPORE VIEIRA PRESIDES.

THE CHAIR RECOGNIZES COUNCIL PRESIDENT BARRY.

With majority consent of the Council, the following Motion made by Council President Barry, seconded by Councilor Kinder, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Frank A. Rendine, P. E., Director of Zoning and Code Enforcement, regarding the problem the City is having with substandard properties in the City.

The Council is particularly concerned with the Division, Summit, Johnson, Meadow, Tyler, Young, Brewster, Norton, Potter, and South Streets area.

It is requested that increased inspections of substandard properties begin, with strict enforcement required.

Also, further requested is that Mr. Rendine work with the City Council Ordinance Committee to review all ordinances dealing with substandard properties and to take the necessary steps to increase fines and penalties.

The Clerk is further instructed to send a communication to Mayor Robert E. Metivier, to ask that a Community Policing Unit be placed in the Division, Summit, Johnson, Meadow, Tyler, Young, Brewster, Norton, Potter, and South Streets area. This area has recently been plagued with vandalism, rowdyism, noise in the early morning hours, trash, and harassment of residents, which is due in a large part by tenants occupying housing owned by absentee landlords.

Further, the Clerk is instructed to send a communication to all Members of the Ordinance Committee requesting that the Ordinance Committee, in conjunction with the City Solicitor’s office, begin work on a Curfew Ordinance. Also requested, is that the Ordinance Committee work with Frank Rendine, Director of Zoning and Code Enforcement, to review all ordinances dealing with substandard properties and work to increase fines and penalties.

COUNCIL PRESIDENT BARRY PRESIDES AT 9:30 PM.

THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETINGS HELD JULY 1, 1993, AND AUGUST 11, 1993, AND IS AGAIN TAKEN UP AND IS TAKEN UNDER ADVISEMENT UNTIL A NEW STRUCTURAL ANALYSIS IS PROVIDED BY THE APPLICANT AND APPROVED BY THE CITY, ON A UNANIMOUS VOICE VOTE:

062      FLEA MARKET (RENEWAL)

Jean B. Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market) 360 Broad Street, LIC #900

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Jean B. Vitali d/b/a A & B Corporation (Merchandise Mart and Flea Market) to ask that she take the necessary measures to have a new structural analysis prepared dealing with the condition of the building used for her Flea Market at the former railroad depot, 360 Broad Street, Pawtucket, RI, with particular concern to the steel infrastructure above the railroad tracks.

The Council is requesting the structural analysis as soon as possible, as this will be referred to Michael Cassidy, Director of Planning and Redevelopment and Frank Rendine, Director of Zoning and Code Enforcement, for their review.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:

The Clerk is instructed to contact Frank Rendine, Director of Zoning and Code Enforcement to request that he, or his designee, inspect K C Auto Sales to determine if previously cited violations have been corrected. If not, the establishment is to be closed immediately.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:

The Clerk is instructed to send a Summons to Robert Hartshorn d/b/a K C Auto Sales, 263 Dexter Street, to appear at a Formal Hearing on Wednesday, September 8, 1993, to answer complaints regarding the messy conditions of the property.

*THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:

ENTERTAINMENT

Petition of the Irish Social Club of Rhode Island, for license to conduct Fiftieth Anniversary Party at 89 Pawtucket Avenue, Parking Lot, on Saturday, September 25, 1993, from 2:00 pm - 7:00 pm LIC #883M

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

PRIVATE DETECTIVE

Mark C. Huerta, surety - Western Surety Company.

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

Nina Cucinotta - $1000.00

General Accident Insurance/Ann M. Dubuque - $6,882.00

Christine Musial - No amount specified

David Salisbury - $100,000.00

Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine thirty-four o’clock p.m.

August 25, 1993 - Regular City Council Session
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