February 21, 1990 - Regular City Council Session

City Council, February 21, 1990.

A regular session of the City Council is held Wednesday, February 21, 1990, at eight o’clock p.m. All the members are present except Councilmen Calista and Rabbitt and President Houle presides.

The reading of the records of February 7, 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 Mabel M. Anderson, Representative of State of Rhode Island and Providence Plantations, to Pawtucket City Council. (Jurisdiction over Juveniles)

028 B. Communication from Ronald K. Machtley, Member of Congress, Congress of the United States, to Richard J. Goldstein, Clerk of the Council. (Requiring the Rhode Island Congressional delegation to seek funding to pay for education of the handicapped)

1 C. Communication from Richard E. DeLyon, Commander of Police, to Richard J. Goldstein, Clerk of the Council. (Roosevelt Avenue - Parking Checks)

1 D. Communication from Richard E. DeLyon, Commander of Police, to Richard J. Goldstein, Clerk of the Council. ("No Thru Trucking" Communication Dated 1--29--90)

028 E. Communication from Glen J. Medeiros, Executive Producer, Medeiros Productions, to Chief Tomlinson, Pawtucket Police Department. (Alleged Police Brutality)

028 F. Communication from Councilman William J. Lynch, to Raymond W. Houle, Jr., President of the City Council. (Proposed Ordinance Governing the Purchase and/or Sale of Real Property)

611 G. Communication from Christine N. Tague, Finance Director, to Honorable Councilman James Doyle, Chairman of the Finance Committee. (Administrative Assistant to the Water Supply Board)

611 H. Communication from Christine N. Tague, Finance Director, to Councilman James Doyle, Chairman of the Finance Committee. (Bidding Process for the Fire and Police Pension Plan)

590 I. Communication from Mayor Brian J. Sarault, to R.I. Division of Planning. (Referral No. 26--900129 Proposed Action Affecting State Property: Disposition of Surplus State Land Plat #1173, Parcel #165)

588 J. Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Sewer Connection - Oak Hill Nursing Home) COUNCILMAN WILLIAM J. LYNCH ABSTAINS.

614 K. Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Petition for Abandonment of Paper Street - Elias Street, So Called)

028 L. Communication from Dennis M. Lynch, to Richard J. Goldstein, Clerk of the Council. (Nativity Scene)

061 M. Communication from Christine N. Tague, Finance Director, to Honorable Members of the Pawtucket City Council. (Fiscal period from July 1, 1989 through December 31, 1989)

611 N. Communication from Christine N. Tague, Finance Director, to Honorable Members of the City Council. (Fiscal Responsibility Ordinance)

614 O. Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Public Works Center on Armistice Boulevard) & (Damaged Driveway at Robert Lynch home.)

613 P. Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (1) An Ordinance to Amend Section 28--2 Streets and Sidewalks. (2) An Ordinance to Amend Chapter 2081 Annual Operating Budget.

588 Q. Communication from Roger F. Giraud, Director of Planning and Development to the Honorable City Council (Oakhill Nursing Associates, L.P.: Sewer Easement) COUNCILMAN WILLIAM J. LYNCH ABSTAINS.

028 R. Communication from Raymond W. Houle, Jr., President of Pawtucket City Council, to Honorable Members of the Pawtucket City Council. (Fiscal Note)

589 Communication from Mayor Brian J. Sarault, submitting the following appointment to the Board of Canvassers:

Julio E. Sequeira. Term expires the first Monday in March 1996 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, Doyle, Kinder, Robert Lynch, William Lynch and Vieira.

Noes - 0

BOARD OF CANVASSERS

Julio E. Sequeira. Term expires the first Monday in March 1996.

Petition for Auto Repair License and Second Hand Shop License of Garcia’s Auto Sales Inc (formerly Central Motors Inc) at 192 Pine Street, Tax Assessor’s Plat #53 Lot #174, for the purpose of purchasing and selling second hand articles, specifically used cars and auto repair work, which was advertised for a hearing at this time, is taken up: LIC #2 LIC #104

Speaking in favor is William P. Butler, 1 Lonsdale Avenue, Attorney for Petitioner.

Mr. Butler states that there are no objections from the landlord and the neighborhood.

Speaking in favor is Luis Gomes, 200 Pine Street.

Mr. Gomes states that he is the manager of Garcia Auto Sales. He used to own part of Central Motors; there will be no body work or painting. He and his sons are sole owners, and there are no other partners.

There are no other speakers.

The hearing is closed.

Upon Motion made by Councilman Vieira, seconded by Councilman Barry, the petition for Auto Repair License and Second Hand Shop License of Garcia’s Auto Sales Inc (formerly Central Motors Inc) at 192 Pine Street for an Auto Repair Shop license is GRANTED on a unanimous voice vote.

Petition for Auto Repair License of Glenn Carnes d/b/a Family Car Care Center (formerly Gene’s Auto Sales Inc) at 814 Central Avenue, Tax Assessor’s Plat #12 Lot #220, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC #1

Speaking in favor is Jeanne Theberge, 808 Central Avenue.

Mrs. Theberge states that her business needs help for auto repairs. She has been selling and repairing automobiles for 45 years.

Mrs. Theberge states that her father is unable to run the Auto Repair Business. The new owner will run the business as it is being run now. He will be leasing 3 bays for auto repairs only.

Speaking in favor is Glen Carnes, 81 Orange Street, Attleboro, Massachusetts.

Mr. Carnes states that he will lease the building and will be doing front end repairs and computer analysis; no engine or transmission work will be done. He will provide one day service. He as been in this business since 1967 and submits two letters of recommendations.

Speaking in opposition is Joe Richard, 802 Central Avenue, Pawtucket, Rhode Island.

Mr. Richard states that there is a problem with parking in the winter on Central Avenue.

Speaking in opposition is Steven Eno, 310 Dugway Bridge Road, West Kingston, Rhode Island.

Mr. Eno states that his mother owns the property at 822 Central Avenue. He has questions on painting and body work, and hours of operation.

Mr. Carnes states there will be no painting or body work and the hours of operation will be the same as they are now. Mr. Carnes assures Mr. Eno that there will be no junk stored in the yard.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilman William Lynch, seconded by Councilman Robert Lynch, the petition for Auto Repair License of Glenn Carnes d/b/a Family Car Care Center (formerly Gene’s Auto Sales Inc) at 814 Central Avenue, is GRANTED on a unanimous voice vote with the following Stipulation:

1. No parking on Central Avenue.

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

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

Noes - 0

588 Resolution Accepting Proposal to Acquire, Renovate, and/or repair the Pawtucket Water Supply System.

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

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

Noes - 0

588 Resolution Congratulating James Edwin Green for Achieving the Rank of Eagle Scout.

Submitted by: J. Raymond Kinder Councilman at Large. William D. Vieira, Sr., Councilman District Six.

The following Ordinance is read for the second time and passed on a roll call vote, as follows:

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

Noes - 0

330 Ordinance to Promote Residential Housing and Preservation of Historic Buildings in the City of Pawtucket.

The following Ordinance is read for the first time and passed on a roll call vote, as follows:

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

Noes - 0

ABSTAIN - COUNCILMAN BARRY

Ordinance in Amendment of Chapter 2008 of the Ordinances of the City of Pawtucket Regulating Automobile Repair Shops within the City of Pawtucket and Repealing Chapter 2070 in its Entirety. (Conditions to licensing)

THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "The Traffic Ordinance." (4-Way Stop Signs - York & Carter Avenues) Submitted by: Councilman James E. Doyle, District Two

Ordinance in Amendment of Section 28--2 of the Revised Ordinances of the City of Pawtucket Entitled "Streets and Sidewalks. Same -- Cost"

Ordinance in Amendment of Chapter 2081 "The Annual Operating Budget Ordinance" -- Tax Assessment Bill.

Ordinance to Repeal and Amend Sections 3 (b) & (c), & 10; and add sections 11 and 12 of Chapter 2063 of the City of Pawtucket Entitled "Security Alarm Systems."

Submitted by: President Raymond W. Houle, Jr., District Fifth

J. Raymond Kinder, Councilman at Large

Robert W. Lynch, Councilman at Large

Kevin J. Rabbitt, District Three

William D. Vieira, Sr., District Six

Ordinance Governing the Purchase and/or Sale of Real Property.

Submitted by: William J. Lynch, Councilman District One.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

With majority consent of the Council, Councilman William Lynch introduces the following entitled ordinance:

Ordinance to Repeal Sections 3.5--17 (7), 3.5--18, 3.5--19, 3.5--20, 3.5--21, 3.5--22 and to amend Sections 3.5--23, 3.5--24 of the City of Pawtucket Ordinance entitled "Security Alarm Systems."

Upon Motion made by Councilman William Lynch, seconded by Councilman Doyle, the following ordinance is Laid on the Table on a unanimous voice vote:

Ordinance to Repeal Sections 3.5--17 (7), 3.5--18, 3.5--19, 3.5--20, 3.5--21, 3.5--22 and to amend Sections 3.5--23, 3.5--24 of the City of Pawtucket Ordinance entitled "Security Alarm Systems."

* THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:

FLOWER PEDDLER (NEW)

Peter Giossi d/b/a Flower’s Unlimited, Res. 110 Post Road, Warwick, RI, LIC #93

POOL TABLE (RENEWAL)

Polish American Citizens Club, 244 Annie Street, (1) Weekdays & Sundays LIC #18

SUNDAY SALES (5th Class) NEW

Peter Giossi d/b/a Flower’s Unlimited, has peddler license to sell the flowers. LIC #157

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

Allstate Insurance Company for its insured Laura Hardy -$2,275.55

Manuel Silveira - No Amount specified

Meals on Wheels Inc - $1958.79/1714.29 & $1556.79

THE CHAIR RECOGNIZES COUNCILMAN KINDER.

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

The Clerk is instructed to send a communication to Michael Trant, Vice President, Comet Clean Car Centers Ltd., concerning complaints received by Councilman Kinder about icing conditions outside his establishments at 930 Main Street and 406 Broadway during the cold weather months. The excess water runs off onto the sidewalk and street around the establishments and freezes, causing very slippery conditions.

It is requested that steps be taken to ensure that proper drainage is provided at the car washes to prevent this problem from recurring.

THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.

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

The Clerk is instructed to send communications to Roger F. Giraud, Director of Planning and Development; Todd Olbrych, Building Official; David Golebiewski, Chief Engineer of Water Supply Board; Lester Hilton, Chairman of Blackstone Valley District Commission; Joseph King, Chairman of the Water Supply Board; concerning a dwelling which has recently built at 280 Weeden Street in Pawtucket. Councilman Vieira has several concerns about this dwelling and would like a full investigation as to how it was allowed to be built. Also it is requested which permits are needed from those departments, and which permits were actually granted, and any other information which would be pertinent for this location.

Upon Motion made by Councilman Kinder, seconded by Councilman Barry, the meeting is adjourned at eight forty o’clock p.m.