May 9, 1990 - Regular City Council Session

City Council, May 9, 1990.

A regular session of the City Council is held Wednesday, May 9, 1990, at nine o’clock p.m. All the members are present and President Houle presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE THE PUBLIC HEARING REGARDING THE SLATER PARK MASTER PLAN.

THE COUNCIL RECONVENES AT NINE FORTY O’CLOCK P.M.

The reading of the records of April 19, and 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:

028      A.        Communication from Councilman William J. Lynch, to Joseph King, Chairman of Board, Pawtucket Water Supply Board. (Hiring process of accounting firm for water rate study and analysis)

614      B.         Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Removal of unauthorized signs on utility poles)

614      C.        Communication from Eugene J. Jeffers, P.E., Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (East Pawtucket Industrial Highway)

1          D.        Communication from John W. Tomlinson, Chief of Police, to Richard J. Goldstein, Clerk of the Council. (Police Officer to patrol playground and various parks)

160      E.         Communication from J. Michael Bennett, P.E., Chief Civil Engineer Road Design, Rhode Island Department of Transportation, to Richard J. Goldstein, Clerk of the Council. (3R Improvements to Prospect Street/School Street.

028      F.         Communication from Jane A. McManus, CMC City Clerk, the City of Newport, RI, to Honorable Raymond W. Houle, Jr., President of the City Council. (Adopted Resolution #48–90, opposing 90-S 2385 and 90-H 8794)

89        G.        Communication from Matthew J. Gill, Jr., Director of Rhode Island Department of Transportation, to Richard J. Goldstein, Clerk of the Council. (Connector road to Newport Avenue)

592      L.         Communication from Roger F. Giraud, Director of Planning & Development, to The Honorable City Council. (Capital Improvement Program 1991–1995)

028      M.        Communication from Councilman William J. Lynch to Fred Joslyn, City Solicitor. (Request for Automobile Repair License by Mr. DiTraglia)

028      N.        Communication from Councilman William J. Lynch to Mayor Brian J. Sarault. (Closing of Library)

327      K.        Communication from Roger F. Giraud, Secretary City Planning Commission, to the Honorable City Council. (Advisory opinion regarding the abandonment of miscellaneous paper streets in the Moshassuck Valley) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

327      Upon Motion made by Councilman Calista, seconded by Councilmen Doyle and Rabbitt, the petition for the 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 THE SAME ARE SHOWN ON PLAT CARD NO. 106 AND PLAT CARD 108 AND ALSO DELINEATED ON THE "PLANS OF SURVEY IN PAWTUCKET, R.I. FOR PROVIDENCE AND WORCESTER RAILROAD COMPANY BY STANLEY ENGINEERING, INC. SCALE 1"-100’ MARCH 1985," FOR A MORE PARTICULAR DESCRIPTION OF THE AREAS OF STREETS ABANDONED, ATTENTION IS INVITED TO THE FOREGOING MENTIONED PLATS AS WELL AS LEGAL DESCRIPTIONS ON FILE WITH THE PETITION IN THE OFFICE OF THE CITY CLERK, CITY HALL, 137 ROOSEVELT, AVENUE, PAWTUCKET, RHODE ISLAND, is approved on a roll call vote as follows:

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

Noes - 0.

It appearing that the City Council on the 7th day of March, 1990, ordered the abutters on those 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 THE SAME ARE SHOWN ON PLAT CARD NO. 106 AND PLAT CARD 108 AND ALSO DELINEATED ON THE "PLANS OF SURVEY IN PAWTUCKET, R.I. FOR PROVIDENCE AND WORCESTER RAILROAD COMPANY BY STANLEY ENGINEERING, INC. SCALE 1"-100’ MARCH 1985." FOR A MORE PARTICULAR DESCRIPTION OF THE AREAS OF STREETS ABANDONED, ATTENTION IS INVITED TO THE FOREGOING MENTIONED PLATS AS WELL AS LEGAL DESCRIPTIONS ON FILE WITH THE PETITION IN THE OFFICE OF THE CITY CLERK, CITY HALL, 137 ROOSEVELT, AVENUE, PAWTUCKET, RHODE ISLAND be notified to appear before the City Council at its meeting to be held on Wednesday, April 11, 1990, to show cause, if any they have, why said portions described in detail below, should not be abandoned between certain points, and to be heard as to the damages, if any, which they could sustain thereby; and it appearing from the return of the certified mail receipts that notice of the pendency of the matter was served upon each of the abutters and that further notice has been given by publication in the Evening Times on March 21, 28, & April 4, 1990, said matter was heard on April 11, 1990, and was Laid on the Table, and is now again taken up and IT IS ORDERED AND DECREED BY THE CITY COUNCIL THAT THOSE 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 THE SAME ARE SHOWN ON PLAT CARD NO. 106 AND PLAT CARD 108 AND ALSO DELINEATED ON THE "PLANS OF SURVEY IN PAWTUCKET, R.I. FOR PROVIDENCE AND WORCESTER RAILROAD COMPANY BY STANLEY ENGINEERING, INC. SCALE 1"-100’ MARCH 1985." FOR A MORE PARTICULAR DESCRIPTION OF THE AREAS OF STREETS ABANDONED, ATTENTION IS INVITED TO THE FOREGOING MENTIONED PLATS AS WELL AS LEGAL DESCRIPTIONS ON FILE WITH THE PETITION IN THE OFFICE OF THE CITY CLERK, CITY HALL, 137 ROOSEVELT, AVENUE, PAWTUCKET, RHODE ISLAND, which has ceased to be useful to the public and the same be and hereby IS ABANDONED, and that no damage is sustained by any abutting owner or other person by reason of such abandonment, and IT IS FURTHER ORDERED THAT THE CITY CLERK shall cause a notice thereof to be published in the Evening Times for three successive weeks and to cause to be served a further notice upon every owner of land abutting said 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 THE SAME ARE SHOWN ON PLAT CARD NO. 106 AND PLAT CARD 108 AND ALSO DELINEATED ON THE "PLANS OF SURVEY IN PAWTUCKET, R.I. FOR PROVIDENCE AND WORCESTER RAILROAD COMPANY BY STANLEY ENGINEERING, INC. SCALE 1"-100’ MARCH 1985." FOR A MORE PARTICULAR DESCRIPTION OF THE AREAS OF STREETS ABANDONED, ATTENTION IS INVITED TO THE FOREGOING MENTIONED PLATS AS WELL AS LEGAL DESCRIPTIONS ON FILE WITH THE PETITION IN THE OFFICE OF THE CITY CLERK, CITY HALL, 137 ROOSEVELT, AVENUE, PAWTUCKET, RHODE ISLAND, which has been abandoned, who is known to reside within said State. FURTHER THE DIRECTOR OF PUBLIC WORKS shall cause a sign to be placed on said portions ordered abandoned having thereon the words "NOT A PUBLIC HIGHWAY."

THE FOLLOWING COMMUNICATIONS ARE REFERRED TO THE CITY PROPERTY COMMITTEE AND THE CITY PLANNING COMMISSION.

116      H.        Communication from Joseph A. Piccardi, Assistant Director - Real Estate, Rhode Island Department of Transportation. (Disposition of Surplus State Land Plat #1230 Parcels #163 & #164 Grace Street)

116      I.          Communication from Joseph A. Piccardi, Assistant Director - Real Estate, Rhode Island Department of Transportation. (Disposition of Surplus State Land, Plat #1230, Parcels #165 & #166 Grace Street)

116      J.          Communication from Joseph A. Piccardi, Assistant Director - Real Estate, Rhode Island Department of Transportation. (Disposition of Surplus State Land Plat #1230, Parcel #168 Grace Street)

THE CHAIR RECOGNIZES COUNCILMAN KINDER.

With majority consent of the Council, Councilman Kinder submits the following communications:

Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Your letter of April 20, 1990 - Mailing address/Auto Excise Tax)

Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Governor DiPrete’s Funds Impoundment)

Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Tax Abatement Forms/Disclosure)

Communication from Christine N. Tague, Director of Finance, to Richard J. Goldstein, Clerk of the Council. (Ratio of City’s bonded debt.)

Communication to President of the City Council, Raymond W. Houle, Jr., from Mayor Brian J. Sarault. (Using Senior Citizens in the Pawtucket Public Library)

Communication to Councilman William J. Lynch, from Mayor Brian J. Sarault. (Using Senior Citizens in the Pawtucket Public Library)

Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Auto Repair License of Mr. DiTraglia)

Upon Motion made by Councilman Kinder, seconded by Councilman Robert Lynch, the following Communications are read and ordered filed.

613      Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Your letter of April 20, 1990 - Mailing address/Auto Excise Tax)

613      Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Governor DiPrete’s Funds Impoundment)

613      Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Tax Abatement Forms/Disclosure)

611      Communication from Christine N. Tague, Director of Finance, to Richard J. Goldstein, Clerk of the Council. (Ratio of City’s bonded debt.)

590      Communication to President of the City Council, Raymond W. Houle, Jr., from Mayor Brian J. Sarault. (Using Senior Citizens in the Pawtucket Public Library)

590      Communication to Councilman William J. Lynch, from Mayor Brian J. Sarault. (Using Senior Citizens in the Pawtucket Public Library)

613      Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Auto Repair License of Mr. DiTraglia)

609      Petition from Pamela K. Greenwood C.S. Manager - Right of Way, New England Telephone Company, to Richard J. Goldstein, Clerk of the Council. (Norton Street) is approved PENDING APPROVAL DIRECTOR OF PUBLIC WORKS.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE MEETING IN CONTINUED PAST 11:00 O’CLOCK PM, ON A UNANIMOUS VOICE VOTE.

Petition for Auto Repair Shop License of Custom Auto Concepts Inc., 446 Central Avenue, Tax Assessor’s Plat #9, Lot #265 & #270, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Attorney William Burke, 145 Park Place, Pawtucket, RI, representing applicant.

Scott Barlick, applicant, 446 Read Street, So. Attleboro, MA.

Mr. Barlick states that he has been in business for 1 1/2 years and he is moving the business to a larger space to be able to install parts. He states that he has had some problems with customers with noise and racing cars. He had been repairing cars after the 5:00 p.m. limit and was operating without a license. He was told to apply and will do repairs until 5 p.m. and retail until 9 p.m. He does not do retail during the day, only repairs.

Speaking in opposition is William Morrison, 449 Central Avenue, Pawtucket, RI. Mr. Morrison states that cars were peeling out and a noise wrecker picked up three cars between the hours of 9 p.m. - 10:15 p.m.

Speaking in opposition is Norman Tessier, 455 Central Avenue, Pawtucket, RI. Mr. Tessier complains about noise, closing hours after 1 a.m. and Mr. Barlick is not there to supervise.

Speaking in opposition is Raymond Mathurin, 441 Central Avenue, Pawtucket, RI. Mr. Mathurin states there is a constant noise problem, not just one incident.

Speaking in opposition is Raymond Cookson, 7 Kenyon Avenue, Pawtucket, RI. Mr. Cookson states that there are mufflers and tailpipes unused on property, there are two cars sitting there and there is noise until late at night.

Mr. Barlick states that the mufflers and pipes are not his; one car is not his and one belongs to a customer.

Representative Joseph LaMountain, 76 London Avenue, Pawtucket, RI, states that he has received calls from neighbors complaining that auto body work is going on and there is no auto body license. Work is being done after 11 p.m. and if the license is granted it should have stipulations of hours of operation.

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 GRANTED on a unanimous voice vote:

Petition for Auto Repair Shop License of Custom Auto Concepts Inc., 446 Central Avenue, Tax Assessor’s Plat #9, Lot #265 & #270, to keep a shop for repairing automobiles. LIC #121

Petition for Flea Market, Laurel Acres Inc d/b/a Bobby’s Rollerway, 67 Garrity Street, Tax Assessor’s Plat #3B Lots #32, #33, and #34, for purpose Operating a Flea Market, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Joyland Park, applicant, 12A Park Place, Ashaway, RI. Mr. Park states that he managed Bobby’s until September 1989. At that time he bought the business and would like to operate a flea market on Saturdays and Sundays from 9 a.m. - 5 p.m. He will have a policeman and fireman on duty. He feels this should help with the teenage problems. He will be doing this during the summer months only as he needs the extra money and will be looking for 30 dealers.

Councilman William Lynch states that the problem with kids is ongoing. Councilman Lynch says that a police officer told him that the police department does not get enough cooperation from the management of the rink to keep kids away and there is a problem with traffic.

Speaking in opposition is Thomas Gordon, 54 Garrity Street, Pawtucket, RI. Mr. Gordon states he is speaking for the neighbors and they do not want a flea market.

Speaking in opposition is Joseph Savoie, 30 Jutras Street, Pawtucket, RI. Mr. Savoie states there is a problem with kids breaking beer bottles in yards and traffic problems.

Speaking in opposition is Mike Beaudry, 53 Garrity Street, Pawtucket, RI. Mr. Beaudry states that parking is restricted.

Speaking in opposition is Sarkis Kazarian, 36 Garrity Street, Pawtucket, RI. Mr. Kazarian states that there are cans and bottles on the street and there are cars racing on the street.

There are no other speakers.

The Hearing is Closed.

Upon Motion made by Councilman William Lynch, seconded by Councilmen Kinder and Calista, the following application is DENIED on a unanimous voice vote, for the following reasons:

1.         Ongoing problem with teens congregating around rink.

2.         Traffic and parking problems

062      Petition for Flea Market, Laurel Acres Inc d/b/a Bobby’s Rollerway, 67 Garrity Street, Tax Assessor’s Plat #3B Lots #32, #33, and #34, for purpose Operating a Flea Market, Lic #736.

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE APRIL 25, 1990, MEETING AND IS AGAIN TAKEN UP AND IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Resolution Abating Real, Personal, and Tangible Personal Property Taxes Amounting to $370,263.31.

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE APRIL 25, 1990, MEETING AND IS AGAIN TAKEN UP AND IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Resolution Authorizing the Filing of an Application for Funds Under the Community Development Block Grant Program.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to Roger F. Giraud, Director of Planning and Development, to inform him that the Resolution Authorizing the Filing of an Application for Funds Under the Community Development Block Grant Program, was Laid on the Table pending receipt of an allocation schedule of the funds for the CDBG Program.

It is requested that this information be provided in time for the meeting of May 23, 1990.

The following resolution is taken up: