April 11, 1990 - Regular City Council Session

City Council, April 11, 1990.

A regular session of the City Council is held Wednesday, April 11, 1990, at eight thirty five o’clock p.m. All the members are present and President Houle presides.

The reading of the records of March 21, 1990, is dispensed with and the records are approved as prepared by the Clerk.

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

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028      A.        Communication from Jane A. McManus, CMC, City Clerk, the City of Newport, Rhode Island, to the Honorable Raymond W. Houle, Jr., President of the City Council. (Adopted Resolution #22--90, urging the General Assembly to enact into law 90--H9709 and 90--H8686)

028      B.         Communication from Councilman William J. Lynch, to Chief John Tomlinson, Police Department. (Assault Weapons)

624      C.        Communication from Joseph Rogue, Purchasing Agent, to Richard J. Goldstein, Clerk of the Council. (Councilman Doyle’s Request/Surveillance Equipment)

028      D.        Copy of Resolution from Town Clerk, Patricia A. Valliere, Town of Richmond, Rhode Island, to Richard J. Goldstein, Clerk of the Council. (Vietnam War)

028      F.         Communication from Councilman William J. Lynch, to Raymond W. Houle, Jr., Council President. (1990 Census)

592      H.        Communication from Edward T. Grimley, to the Honorable Mayor Brian J. Sarault. (Resigning from Planning Commission)

028      **I.      Communication from Councilman William J. Lynch, to Raymond W. Houle, Jr., President of the City Council. (Video/Audio Equipment Secretly at City Hall/Police Department)

028      **J.      Communication from Councilman William J. Lynch, to Mayor Brian J. Sarault. (Video Surveillance Equipment Used at City Hall)

028      K.        Communication from Councilman William J. Lynch, to Richard J. Goldstein, Clerk of the Council. (Further Amendment to C. 2024 of the Ordinances of the City of Pawtucket entitled "An Ordinance Creating New Penalties for Traffic Violations".

327      L.         Communication from M. Paul Sams, Executive Director of Blackstone Valley District Commission, to Richard J. Goldstein, Clerk of the Council. (Abandonment portions of Bloomingdale Avenue, Dix Avenue, Hurley Avenue, Grotto Avenue and Utton Avenue and all of Murphy Street, Marsh Street and Massey Street)

028      O.        Communication from RI Department of Environmental Management to City Clerk. (Freshwater Wetland Applicability Determination - Application #89--0355D Application #90--0088D)

614      Q.        Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Traffic Lights)

061      R.         Communication from Christine N. Tague, Finance Director, to the Honorable Members of the Pawtucket City Council. (Fiscal period from July 1, 1989 through February 28, 1990)

590      S.         Communication from Mayor Brian J. Sarault, to Councilman Raymond W. Houle, Jr., President of the Pawtucket City Council. (Earth Day 1990)

028      T.         Communication from Councilman William J. Lynch, to Martin Joyce, Personnel Director. (Proposed Early Retirement Incentive Program)

327      U.        Communication from David Golebiewski, P.E., Chief Engineer Water Supply Board, to Richard J. Goldstein, Clerk of the Council. (Abandonment portions of Dix Avenue, Hurley Avenue, Utton Avenue, Murphy Street, Marsh Street and Massey Street)

3          V.        Communication from Robert E. Christie, Business Administrator Pawtucket School Department, to Richard J. Goldstein, Clerk of the Council. ($1,000,000 needed by School Department to complete 1989--1990 school year)

614      W.       Communication from Eugene J. Jeffers, P.E., Director of Public Works to Richard J. Goldstein, Clerk of the Council. (Installation of basketball courts at Potter Burns School)

614      X.        Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (School Street Tennis Courts)

611      Y.        Communication from Christine N. Tague, Director of Finance, to Richard J. Goldstein, Clerk of the Council. (Unclaimed money in report presented by the General Treasurer’s Office)

193      Z.         Communication from Matthew J. Gill, Jr., Director of Rhode Island Department of Transportation, to Richard J. Goldstein, Clerk of the Council. (3R project on School Street)

611      Bb. Communication from Christine N. Tague, Finance Director, to Council President Raymond W. Houle, Jr. (Auto Levy Legislation)

590      Cc. Communication from Mayor Brian J. Sarault, to the Pawtucket City Council. (BCI checks for Child Care Personnel)

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

028      With majority consent of the Council, Councilman William Lynch reads a letter dated April 11, 1990, to Mayor Brian J. Sarault, regarding his letter of April 4, 1990, to the Council Members into the record.

614      E. Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Councilman John Q. Calista, Jr. (School Crossing Signal (Curvin McCabe School) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

The Clerk is instructed to send a communication to Rosemary Choiniere, Principal, Curvin McCabe School, and to Debra Wagner, Chairperson of the P.T.O. of Curvin McCabe School, forwarding a communication from Eugene J. Jeffers, Director of Public Works, regarding the feasibility of installing a traffic signal in the vicinity of Curvin McCabe School.

028      G. Communication from Councilman John J. Barry, III to Mayor Brian J. Sarault. (Budget Cuts) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN BARRY.

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

The Clerk is instructed to send a communication to Mayor Brian J. Sarault, and Eugene J. Jeffers, Director of Public Works, regarding the elimination of the City’s bulky waste pick up service. The Council is concerned with the necessary budget cuts which could eliminate this service and would like to continue the service with the possibility of charging a fee. It is further requested a response be recived in time for the April 25, 1990, City Council meeting.

592      M. Communication from Roger F. Giraud, Director of Planning and Development to Council President Raymond W. Houle, Jr. (Resolution Authorizing the filing of Applications for Grants Under the Open Space and Recreational Area Bond Fund) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to Roger F. v Giraud, Director of Planning and Development, requesting him to attend a Pre-Council session to be held Wednesday, April 25, 1990, to discuss the Resolution Authorizing the Filing of Applications for Grants under the Open Space and Recreational Area Bond Fund.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to Christine N. Tague, Finance Director, regarding the City’s bond debt and the Council requests a response as to what the bond debt is, in time for the April 25, 1990, meeting of the Pawtucket City Council.

614      N. Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Upgrading plan for the Public Works Center) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilman Kinder is passed on a unanimous voice vote.

The Clerk is instructed to send a communication to Friends of Slater Park, forwarding them a copy of the communication from Eugene J. Jeffers, Director of Public Works regarding the upgrading plan for the Public Work Center.

614      P. Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Sidewalk Construction Program) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

The Clerk is instructed to send a communication to Joseph Roque, Purchasing Agent, requesting him to provide the bidding schedule regarding the Sidewalk Construction Program. A response is requested in time for the April 25, 1990, City Council meeting.

611      Aa. Communication from Christine N. Tague, Finance Director to Council President Raymond W. Houle, Jr. (Governor DiPrete’s mid year, one million dollar cut in state aid to the City of Pawtucket) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

With majority consent of the Council, the following Motion made by Councilman William Lynch, seconded by Councilman Doyle is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Fred E. Joslyn, Jr., City Solicitor, regarding a lawsuit filed by the Cities of Woonsocket and Providence against Governor DiPrete’s decision to cut state funding for the fiscal year without the approval of the General Assembly.

The Council is requesting that he provide an update on Pawtucket’s position in this matter. A response is requested in time for the April 25, 1990, City Council meeting.

Councilman Robert Lynch leaves the City Council Chamber.

589      Communication from Mayor Brian J. Sarault, submitting the following appointment to the City Planning Commission:

Albertino L. Vicente to fill unexpired term of Edward T. Grimley. (Term expires the first Monday in January 1992 is READ AND ORDERED FILED.

The following nomination submitted by His Honor, Mayor Brian J. Sarault, for confirmation, is confirmed on a roll call vote, as follows:

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, William Lynch, Rabbitt and Vieira.

Noes - 0

CITY PLANNING COMMISSION

Albertino L. Vicente to fill unexpired term of Edward T. Grimley (Term expires the first Monday in January 1992.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

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

The Clerk is instructed to send a communication to Edward T. V Grimley, thanking him for the time that he served on the City Planning Commission.

153      Councilman Robert Lynch returns to the City Council Chamber. Communication from Eugene J. Jeffers, P.E., Director of Public Works, submitting curbing assessment in the amount of $19,986.08 FOR CONFIRMATION. (Curvin McCabe School) is Read and Ordered Filed.

The following curbing assessments are confirmed on a roll call vote as follows:

Ayes - President Houle Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, Rabbitt and Vieira.

Noes - 0.

ABSTAIN - COUNCILMAN WILLIAM LYNCH.

Curbing assessments in the amount of $19,986.08.

609      Petition from Pamela K. Greenwood, C.S. Manager - Right of Way, New England Telephone Company. (Woodland Street) is READ AND ORDERED FILED AND APPROVED PENDING APPROVAL FROM THE DIRECTOR OF PUBLIC WORKS.

Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Domenic S. Coccia, Jr. d/b/a Coccia Brothers Auto Sales, 626 Main Street, Tax Assessor’s Plat #53, Lots #381 & #451, for selling used automobiles and repairing used automobiles, which was advertised for a hearing at this time, is taken up: LIC #22, #22

Speaking in favor is Domenic Coccia, Jr., 88 Bailey Street, Cranston, Rhode Island.

Mr. Coccia states that he is taken the business over from his uncle and he wants to do the business in Pawtucket and likes this area. He does auto body work and complete auto repair work. He is currently finishing the building in order that he can paint the cars. There is room for 20 cars on the property both in and out of the building. There is no parking on the street and he has been in business with his uncle at this location for some time.

There are no other speakers. The hearing is closed.

Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the following petition is GRANTED with the following stipulation on a unanimous voice vote: condition.

*STIPULATION:

1. No painting or other auto body work shall be done until approved by the zoning inspector of the City of Pawtucket.

Domenic S. Coccia, Jr. d/b/a Coccia Brothers Auto Sales, 626 Main Street, Tax Assessor’s Plat #53, Lots #381 & #45 LIC#22, #22.

Petition for AUTO REPAIR SHOP LICENSE of Gary L. Farmer d/b/a Rhode Island Auto Repair, 112 Middle Street, Tax Assessor’s Plat #20, Lot #584 for repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC #31

Speaking in favor is Gary Farmer, 565 Broadway, Providence, Rhode Island.

Mr. Farmer states that he will not do auto body work and no painting. His specialty is repairing late model cars and electrical work. He will be the principal in the business and if needed, his father will help.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilman Barry, seconded by Councilman Kinder, the following petition is GRANTED on a unanimous voice vote:

Petition for AUTO REPAIR SHOP LICENSE of Gary L. Farmer d/b/a Rhode Island Auto Repair, 112 Middle Street, Tax Assessor’s Plat #20, Lot #584 LIC #31.

Petition for Abandonment of portions of Bloomingdale Avenue, Dix Avenue, Hurley Avenue, Grotto Avenue, Utton Avenue, and all of Murphy Street, Marsh Street, and Massey Street, as well as an unnamed lane, 20’ in width as delineated on Plat Card No. 106, in the Land Evidence Recorder of the City of Pawtucket, which was advertised for a hearing at this time, is taken up:

Speaking in favor is John Sherlock, Attorney, 159 Elmgrove Avenue, Providence, RI, representing the Pawtucket Redevelopment Agency.

Mr. Sherlock explains that the portion of streets proposed for abandonment are parts of platted streets, presently not in use as public highways. The proceeding is brought in order to determine such rights as exist in the public to pass or repass over the portions described.

All of the areas described are within the property deeded to the Pawtuoket Redevelopment Agency by the Providence & Worcester Railroad. The areas have not been used as public ways since having been taken by the railroad in 1876 as all are within the railroad right of way.

If the City Council sees fit to approve the petition of the Agency, the Agency intends to condemn the portions of the street areas proposed for abandonment, reserving such rights of utilities as are granted in recorded easements. The Agency could also permit the continued use of occupation of others as are in the public interest such as for water transmission, etc.

Councilman Vieira states his concern with the communication from the Water Supply Board and questions how this could affect the proposed abandonment.

Mr. Sherlock does not agree with some of the concerns listed in the communication from the Water Supply Board.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilman Kinder, seconded by Councilman Barry, the Petition for Abandonment of portions of Bloomingdale Avenue, Dix Avenue, Hurley Avenue, Grotto Avenue, Utton Avenue, and all of Murphy Street, Marsh Street, and Massey Street, as well as an unnamed lane, 20’ in width as delineated on Plat Card No. 106, in the Land Evidence Recorder of the City of Pawtucket, is REFERRED TO THE CITY PROPERTY COMMITTEE AND THE CITY PLANNING COMMISSION on a unanimous voice vote.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

With majority consent of the Council, the following Motion made by Councilman Calista, seconded by Councilman Rabbitt is passed on a unanimous vice vote.

The Clerk is instructed to send a communication to the Pawtucket Delegation of the Rhode Island General Assembly, forwarding them a copy of the 1990 Legislative Endorsements recommended by the Pawtucket School Committee.

THE CHAIR RECOGNIZES COUNCILMAN JOHN Q. CALISTA, JR., CHAIRMAN OF THE FIRE WORKS COMMITTEE.

With unanimous consent of the Council, Councilman Calista reports that the Fire Works Committee has named Donna Brady and Robert Langlois as co-chairpersons of the private sector of the Fire Works Committee to raise funds for the 1990 Fire Works display.

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

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.

Noes - 0

032      Resolution Accepting the Care of Burial Lot of Maria Tavares.

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

Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.

Noes - 0