City Council, August 8, 1990.
A regular session of the City Council is held Wednesday, August 8, 1990, at seven fourteen o’clock p.m. All the members are present except Councilman Rabbitt and President Houle presides.
The Council recesses immediately to conduct a Public Hearing on the following:
PROPOSED CHANGES SUBMITTED BY THE CHARTER REVIEW COMMISSION REGARDING REORGANIZATION OF DEPARTMENTS AND NEW POWERS FOR THE CITY COUNCIL.
The Council reconvenes at eight two o’clock p.m.
The reading of the records of July 25, 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:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, the following Motion made by Councilman Doyle, seconded by Councilman Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Joseph Roque, Purchasing Department, to asks specifically why Arrow-head construction was by-passed for the contract on the 50/50 sidewalk program; specifically, what did they fail to do. Also, has Arrow-head Construction or any other company been given work on the 50/50 sidewalk program besides the company which was awarded the bid. Councilman Doyle would like to know the background on the bidders, for example their qualifications, municipal experience, etc.
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 Todd Olbrych, Building Official, requesting all political signs which are put up after August 11, 1990, conform to the size limit in the city’s ordinance on political signs. If any signs do not conform, please do whatever is necessary to have them removed; and if they are not removed, to have the offender fined for each violation as prescribed in the ordinance.
Petition for AUTO REPAIR SHOP LICENSE of Cams Automotive Services Inc. d/b/a Cams Automotive Services, at 464 Broadway, Tax Assessor’s Plat #7, Lot #166, which was advertised for a hearing at this time, is taken up: LIC #126
Speaking in favor is Denise Spink, 11 Buxton Street, Nasonville, Rhode Island.
Mr. Spink states that she is the manager of the store and president, there are two employees. She states that both her fiance and the father have been in the auto repair business before and the fiance will be working for her. They will be doing general auto mechanics and computer diagnostics, but no auto body work. There is a large fenced area for parking.
Speaking in opposition is Jose Matos, 113 Carnation Street, Pawtucket, Rhode Island.
Mr. Matos states that the business is too close to his home, which he owned for three years. It is the third house from the shop area. There was an oil company there when he bought his house. The area was dirty and noisy then.
Speaking in opposition is Walter Lonczak, 47 Lupine Street, Pawtucket, Rhode Island.
Mr. Lonczak states that there is a junkyard now, he also is afraid of on-street parking, and that there is too much traffic. He says that there is a business at the location now, which he believes does auto repair work. There are deliveries there late at night.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilman Doyle, seconded by Councilman Calista, the following petition for license is LAID ON THE TABLE ON A VOICE VOTE:
COUNCILMAN WILLIAM LYNCH ABSTAINS FROM VOTING.
Petition for AUTO REPAIR SHOP LICENSE of Cams Automotive Services Inc. d/b/a Cams Automotive Services, at 464 Broadway, Tax Assessor’s Plat #7, Lot #166. LIC #126
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, the following motion made by Councilman Calista, seconded by Councilman Doyle, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Todd Olbrych, Building Official, regarding to a public hearing which was held on a petition for an auto repair shop at 464 Broadway, Pawtucket. Based on testimony at that hearing, Councilman Calista would like you to determine what businesses are currently located at that address or in a building which is located on the same property as this address. Also, the Councilman would like to know if all such businesses are properly licensed.
Petition from AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jose A. Morales d/b/a J & B Auto Sales, at 124 Reservoir Avenue, Tax Assessor’s Plat #47, Lot #633, for the purpose of purchasing and selling second hand articles, specifically used cars and the repairing of the same, which was advertised for a hearing at this time, is taken up: LIC #125, #29
Speaking in favor is Tim Dodd, Attorney for applicant, 215 Broadway, Pawtucket, Rhode Island, and Jose Morales, 2 Bryer Hill Road, North Providence, Rhode Island.
Mr. Morales states that he was in the business before on 230 Pine Street for two years.
Mr. Morales states that this is a better location for business that Pine Street. He repairs and sells cars and also does body work and painting on own cars. All work is done inside.
Mr. Morales states that there will be a sign on a pole near the street.
The business has 11 cars for sale and 3 or 4 to repair. There is 7000 square feet for parking, you could fit 30 cars. There is no street parking.
Also, he would build spray room with ventilation
Speaking in favor is Richard Santis, 124 Reservoir Avenue, Pawtucket, Rhode Island.
Mr. Santis states that he owns the building. He is renting only 3600 square feet in back of the building. He has three bays only, facing back of shopping center. He states that an auto repair shop is better than the Oil Company that just left. The access is Reservoir Avenue, left side of building. The parking area is set off with chain link fence
Speaking in opposition is David Fisher, 30 Rufus Street, Pawtucket, Rhode Island.
Mr. Fisher states that there is a too much noise, and too congested.
Speaking in opposition is Judith Barriere, 115 Reservoir Avenue, Pawtucket, Rhode Island.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilman Vieira, seconded by Councilman Barry, the following petition for license is LAID ON THE TABLE ON A VOICE VOTE:
COUNCILMAN WILLIAM LYNCH ABSTAINS FROM VOTING.
Petition from AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Jose A. Morales d/b/a J & B Auto Sales, at 124 Reservoir Avenue, Tax Assessor’s Plat #47, Lot #633, for the purpose of purchasing and selling second hand articles, specifically used cars and the repairing of the same. LIC #125, #29
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 and Vieira.
Noes - 0
COUNCILMAN DOYLE SUBMITS THE FOLLOWING CITY PROPERTY COMMITTEE REPORT:
There are recommendations of approval from Peter Granieri, Jr., P. E., City Engineer; Todd Olbrych, Building Official; Roger Giraud, Planning Director, representing the opinion of the Pawtucket City Planning Commission.
The Committee recommends that an ordinance be prepared and that a public hearing be set to hear this proposal.
THE COMMITTEE RECOMMENDS DENIAL OF THE FOLLOWING PETITIONS:
Several Communications from the Rhode Island Department of Transportation regarding the disposition of surplus state land.
There is a letter on each offering from Roger Giraud representing the City Planning Commission, recommending that the City decline to purchase the property because it was needed for any municipal purpose.
COMMITTEE RECOMMENDS THAT THE FOLLOWING PETITIONS BE LAID ON THE TABLE FOR FURTHER REVIEW:
1. Request from James A. Bigos, Esq. representing Kenneth R. Castle and Patricia Salisbury to acquire a permanent easement over, or title to, property owned by the City of Pawtucket Referred to as Assessor’s Plat 2, Lots 20, & 23, in the Tax Assessor’s Office of Central Falls, RI, located on River Street in Central Falls.
2. A request from Carolyn M. Mauricio to purchase city-owned property Plat 24A, Lot 611, located at the intersection of Pond Street, Rhode Island Avenue, and Columbus Avenue.
3. A request from Eric J. Mutter, secretary of the Fourth Ward Democratic Committee to have the proposed boat launch and small park adjacent to Taft Street named in the memory of Ivan Perez.
THE FOLLOWING OFFER WAS RECINDED BY THE STATE OF RHODE ISLAND:
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, Councilman Doyle submits the recommendation of the City Property Committee that the Resolution entitled "Resolution Authorizing and Directing the Director of Finance of the City of Pawtucket to Grant a Defeasible Easement on a Portion of Lily Pond Street to Providence Yarn Co., Inc." be amended as follows:
Page One - next to last line the words "the same use as presently put by Providence Yarn Co., Inc.," is changes to "an Industrial Use:"
Page Three - next to last line the words "its existing use" be changed to "an Industrial Use."
Upon Motion made by Councilman Doyle, seconded by Councilman Calista, the following amendment to the Resolution entitled "Resolution Authorizing and Directing the Director of Finance of the City of Pawtucket to Grant a Defeasible Easement on a Portion of Lily Pond Street to Providence Yarn Co., Inc., is approved on a roll call vote as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch and Vieira.
Noes - 0
"Page One - next to last line the words "the same use as presently put by Providence Yarn Co., Inc.," is changes to "an Industrial Use:"
"Page Three - next to last line the words "its existing use" be changed to "an Industrial Use."
The following resolution is read and passed AS AMENDED on a roll call vote as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch and Vieira.
Noes - 0
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch and Vieira.
Noes - 0
THE FOLLOWING ORDINANCE WAS TAKEN UNDER ADVISEMENT ON JUNE 6, 1990, AND IS AGAIN TAKEN UP AND IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
Ayes - Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch and Vieira.
Noes - President Houle.
Ordinance in Amendment of Chapter 2081 of the Ordinances of the City of Pawtucket Entitled "The Annual Operating Budget Ordinance, 1989–1990" (transfer $1,000,000 from Reserve Account to Schools)
THE CHAIR RECOGNIZES COUNCILMAN ROBERT LYNCH.
With majority consent of the Council, Councilman Robert Lynch submits the recommendation of the City Ordinance Committee that the Ordinance entitled "Ordinance Regulating Canine Waste and its Removal," be amended as follows:
Section 2 Entitled "Duty to Possess Means of Removal;" and Section 3 Entitled "Method of Removal and Disposal" be removed and change Section 4 Entitled "Fines for Violation" to Section 2; change Section 5 Entitled "Exemption" to Section 3; and change Section 6 Entitled "Severability" to Section 4.
Upon Motion made by Councilman Robert Lynch, seconded by Councilman William Lynch, the following amendment to the Ordinance entitled "Ordinance Regulating Canine Waste and its Removal" is passed on a roll call vote as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch and Vieira.
Noes - 0
Section 2 Entitled "Duty to Possess Means of Removal;" and Section 3 Entitled "Method of Removal and Disposal" be removed and change Section 4 Entitled "Fines for Violation" to Section 2; change Section 5 Entitled "Exemption" to Section 2; change Section 5 Entitled "Exemption" to Section 3; and change Section 6 Entitled "Severability" to Section 4.
The following ordinance is read for the first time AS AMENDED and passed on a roll call vote as follows:
Ayes - President Houle, Councilmembers Barry, Calista, Doyle, Kinder, Robert Lynch, William Lynch and Vieira.
Noes - 0
Ordinance Regulating Canine Waste and its Removal AS AMENDED.
COUNCILMAN ROBERT LYNCH LEAVES AT 9:08 PM
The following ordinance is read for the first time and passed on a roll call vote as follows:
Ayes - President Houle, Councilmembers, Calista, Kinder and Vieira.
Noes - Councilman Barry.
ABSTENTIONS - COUNCILMEMBERS DOYLE AND WILLIAM LYNCH.
THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.
With majority consent of the Council, the following Motion made by Councilman William Lynch, 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 Budget Transfer Ordinance.
COUNCILMAN ROBERT LYNCH RETURNS AT 9:16 PM
COUNCIL PRESIDENT RAYMOND W. HOULE, ASKS FOR RECONSIDERATION OF THE ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE 1988–1989 ANNUAL OPERATING BUDGET, CHAPTER 2027.
The following ordinance is read for the first time and passed on a roll call vote as follows:
Ayes - President Houle, Councilmembers Calista, Kinder, Robert Lynch and Vieira.
Noes - Councilman Barry.
ABSTENTIONS - COUNCILMEMBERS DOYLE AND WILLIAM LYNCH.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
Ordinance to Retain Suitable and Affordable Housing for the Residents of the City of Pawtucket.
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
PIGEON LOFT (ALL RENEWALS)
Frank Federighi, 177 Division Street, LIC #2
Frank Frisch, 94 India Street, LIC #3
Filomina Sousa, 9 Winter Street LIC #12
Petros Zervas, 27 Harrison Street, LIC #11
PIN BALL & AMUSEMENT DEVICES (RENEWAL)
Main Street Pizza Inc., 904 Main Street, LIC #666
PUBLIC LAUNDRY
Abiodun Shokunbi d/b/a Langley’s Laundry (transfer from Marbrooke Inc d/b/a Langley’s Laundry) at 265 Pawtucket Avenue, LIC #318
Smithfield Avenue Laundry Inc, at 607 Smithfield Avenue, LIC #301
SUNDAY SALES (SECOND CLASS) NEW
National Pet, Inc., d/b/a National Pet, at 115 Newport Avenue, LIC #118
VICTUALLING HOUSE (FIRST CLASS) NEW
Korner Kitchen Inc d/b/a The Korner Kitchen, 193 Beverage Hill Avenue, LIC #256
COUNCILMAN WILLIAM LYNCH - ABSTAIN
VICTUALLING HOUSE (FIRST CLASS)
C.C. & D.D. Inc d/b/a Dazzle’s (transfer from D.W. & G. d/b/a Dazzle’s) 602 Smithfield Avenue, LIC #253
YEARLY BINGO GAMES (ALL RENEWALS)
Blackstone Valley Babe Ruth League Inc., Dunnell Lane East Recreation Area, on every Friday & Saturday for year ending 8/31/91 from 6:30 pm - 11:00 pm. LIC #740
Congregation Ohawe Sholam, 345 Barton Street on each Wednesday for year ending 8/31/91 from 7:00 pm - 11:00 pm LIC #741
Darlington American Little League, 92 East Avenue, on each Tuesday for year ending 8/31/91 from 6:30 pm - 11:00 pm LIC #742
Darlington Braves Inc., 92 East Avenue, on each Sunday for year ending 8/31/91 from 4:00 pm - 10:00 pm LIC #743
Friends of Temple Beth Ambeth David, 92 East Avenue, on each Thursday for year ending 8/31/91 from 4:30 pm - 10:00 pm LIC #748
Howard Rogers Post #25 The American Legion (Howard Rogers Holding corp Inc) 25 McCallum Avenue, on each Friday for year ending 8/31/91 from 7:00 pm - 11:00 pm LIC #744
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Jean Babiec - $49.95
Joseph Plante - $1274.71/1681.83
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:
Claim of New England Telephone Co., in the amount of $1185.25.
Claim of Russell Schupp in the amount of $82.15
Claim of Ogene Arage in the amount of $54.51
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT:
Claim of Edward Bertenshaw, by attorney Karen Davidson, in the amount of $100,000.
Claim of Ann Contant in the amount of $1265.
Claim of Frank Duhamel, by attorney Michael T. Finan, in the amount of $3,000,000.
Claim of Charles Scherza, by the Shelby Insurance Group, in the amount of $1916.47.
Claim of Iva Coeleho Souza on behalf of her minor daughter, Adelina Pina, by attorney Edward A Shapira, in no amount specified.
Claim of Alain Sylva, by attorney Kenneth A. Schreiber, in the amount of $1884.54
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED - CLAIMANT TO CONTACT THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION:
Claim of William J. Reid, by attorney David A. Schechter, in no amount specified.
Claim of Joan Stiles in the amount of $195.00.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED:
Claim of Donald Berthelette in the amount of $250.00
Claim of Philip M. Carucci, by the Commerce Insurance Co., in no amount specified.
Claim of Charles Martel in the amount of $1290.00
Claim of Oluwafunke Odetunde on behalf of herself and her two minor children, by attorney Michael F. Horan, in the amount of $17,000,00.
Claim of Lauren Plante in the amount of $100,000.
Claim of Evelyn L. Soave in the amount of $118.83.
Claim of Mary Strk in no amount specified.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS LAID ON THE TABLE:
Claim of Rev. Jackson in the amount of $396.92
THE CHAIR RECOGNIZES COUNCILMAN ROBERT LYNCH.
With majority consent of the Council, the following Motion made by Councilman Robert Lynch, seconded by Councilman Barry, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Louis Simon, Acting Director of Public Works, asking him when the Public Works Department is going to fix his driveway.
Upon Motion made by Councilman Kinder, seconded by Councilman Doyle, the meeting is adjourned at nine twenty four o’clock p.m.