May 23, 1990 - Regular City Council Session

City Council, May 23, 1990.

A regular session of the City Council is held Wednesday, May 23, 1990, at eight thirty seven o’clock p.m. All the members are present except Councilman Robert Lynch and President Houle presides.

The Council recesses immediately to conduct a Public Hearing on the following:

APPLICATION FOR FUNDS UNDER THE COMMUNITY BLOCK GRANT PROGRAM YEAR XVI.

The Council reconvenes at nine ten o’clock p.m.

The reading of the records of May 9, May 14, May 17, May 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:

623      A.        Communication from Martin E. Joyce, Director of Personnel, to Councilman William J. Lynch. (Early Retirement)

028      C.        Communication from Coastal Resources Management Council to City of Pawtucket. (Scenic Overlook Area)

126      D.        Communication from James Kulczycki, Jr., Director of Parks, to Councilman Kevin Rabbitt. (Slater Park)

028      **E.     Communication from Councilman William J. Lynch, to Council President Raymond W. Houle, Jr. (Cable T.V. Coverage of City Council Meetings: Feasibility of Telephone Call-In Segment)

116      I.          Communication from Joseph A. Piccardi, Assistant Director, Rhode Island Department of Transportation, to Richard J. Goldstein, Clerk of the Council. (Disposition of State surplus land - Plat 1230, Parcels 163, 164, 165, 166 & 168, 60 day Extension Granted)

605      J.          Communication from Roger F. Giraud, Director of Planning and Development, to Honorable City Council of Pawtucket. (Community Development Block Grant Program Year XVI)

7          K.        Communication from Richard E. DeLyon, Commander of Police, to Platoon #1, Sergeant F. Kulis. (No Thru Trucking - Armistice Boulevard)

061      N.        Communication from Christine N. Tague, Finance Director, to Honorable Members of The Pawtucket City Council. (Fiscal period from July 1, 1989 through April 30, 1990)

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

623      B.         Communication from Martin E. Joyce, Jr., Personnel Director, to Richard J. Goldstein, Clerk of the Council. (Listing of the employees) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN DOYLE.

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

The Clerk is instructed to send a communication to Martin E. Joyce, Director of Personnel, requesting for a breakdown, within each department by name and job title, of the 144 general office people that he listed in his recent letter.

A response to this letter is requested in time for the June 6, 1990, meeting of the Pawtucket City Council.

028      F.         Communication from Carol Schraeder, Program Director, Keep Pawtucket Beautiful, to Gloria Ann Grzebien. (Earth Day clean up in Slater Park) 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 Barry, is passed on a unanimous voice vote:

The Clerk is instructed to send a copy of communication to Brenda Clement, Pride in Pawtucket, and to David Coughlin, Quality Hill Neighborhood Association from Carol Schraeder Keep Pawtucket Beautiful to Gloria Grzebien from "Save the Park".

028      G.        Communication from Robert D. Billington, Chairman of the Cumberland Historic District Commission, to Council President Raymond W. Houle, Jr. (Preservation of the Sterns in Cumberland) 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 Barry, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to David Trudeau, Pawtucket Water Supply Board, requesting that he respond to the letter from Robert Billington, Chairman of the Cumberland Historic District Commission, regarding the "Sterns House".

Please send a copy of your response to the City Council.

610      H.        Communication from James H. Higgins, Public Safety Director, to Richard J. Goldstein, Clerk of the Council. (Security) 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 Calista, is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to James Higgins, Public Safety Director, requesting him to attend a pre-council meeting to discuss the Security at Parks.

611      M. Communication from Christine N. Tague, Finance Director, to Richard J. Goldstein, Clerk of the Council. (City Policy on paying it’s bills) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN DOYLE.

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

The Clerk is instructed to send a communication to Christine Tague, Finance Director, requesting her for disposition for the Purchase Order numbers, 64151, 31944, 61030, 64346, 61260, 56497.

L.         Communication from Carolyn M. Mauricio, to Council President Raymond W. Houle, Jr. (Lot 611 on Plat 24A - City Owned Property) is REFERRED TO THE PROPERTY COMMITTEE.

433      Communication from Providence Yarn Co., Inc requesting legal permission for existing loading dock on Lily Pond Street is REFERRED TO COMMITTEE ON CITY PROPERTY, CITY PLANNING COMMISSION, DIRECTOR OF PUBLIC WORKS, CITY ENGINEER & LEGAL DEPARTMENT.

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

Petition for Auto Repair Shop License and Second Hand Shop License of Brian Pina & Jack Laliberte d/b/a Premium Auto Center, 511 Broadway, Tax Assessor’s Plat #8, Lot #187, to keep a shop for repairing automobiles and selling used auto parts, which was advertised for a hearing at this time, is taken up: LIC #122 & #109

Speaking in favor is the Petitioner Jack Laliberte, 15 Weldon Street, Pawtucket, RI.

Mr. Laliberte states that he had garage on Middle Street, and that he did not have any problems with the landlord or neighbors.

Speaking in favor is Charles Brady, 94 Middle Street, Pawtucket, RI.

Mr. Brady states that they were neighbors and there were no problems, and he also states that they are good mechanics.

Speaking in opposition is Mr. Joseph Risho, 91 Woodbine Street, Pawtucket, RI.

Mr. Risho states that he runs Risho’s Market. He states that this is a congested area, and cars are parked in front of market.

He also states that there is a problem with parking from other establishments.

Mr. Risho believes that it will get out of hand and will hurt his business.

He states that Major Auto is next door to the Market and the Continental Company is nearby and has problems with painting.

Councilman Doyle asks what was there before. Mr. Risho replies an Auto Repair Shop was there before, but now there are too many.

Mr. Laliberte states that he can confine the cars to the lot.

There are on other speakers.

The hearing is closed.

Upon Motion made by Councilmen Doyle, seconded by Councilman Calista, the following petitions are GRANTED with the following stipulation on a unanimous voice vote:

*STIPULATION

1.         To keep cars on the lot.

Petition for Auto Repair Shop License and Second Hand Shop License of Brian Pina & Jack Laliberte d/b/a Premium Auto Center, 511 Broadway, Tax Assessor’s Plat #8, Lot #187, LIC #122 & #109

Petition for Auto Repair Shop License and Second Hand Shop License of Precision Harley Davidson Inc., 639 Central Avenue, Tax Assessor’s Plat #11, Lots #113, #114, #115, #730, #650, to keep a shop for the purpose of purchasing and selling second hand articles, specifically sale of motorcycles, parts and accessories and repair of same, which was advertised for a hearing at this time, is taken up: LIC #123, & #110

Speaking in favor representing Petitioner is William Burke, 75 Park Place, Pawtucket, Rhode Island.

Mr. Burke states that the applicant has all the other necessary licenses except the Auto Repair and Second Hand Shop Licenses. Harley Davidson requires all of its franchisees to take used cycles as trade on new ones.

Joseph Marcolina, District Sales Manager of Harley Davidson, 75 Steamboat Wharf, Mystic, Connecticut.

Mr. MArcolina states that his company deals very little with "Hell’s Angels" types, mostly mom & pop customers. Cycles sell from $5000 to $19,000. The median income of customers is $40,000 - $50,000, and the average age is 35. The appearance of the building will be customer oriented. Harley Davidson does an extensive check on franchises; marketing efforts are upscale; estimated sales at this place will be about 138 per year - this is based on market studies. Repairs will be done; bike does not have to be running while being repaired; testing of vehicles is done on the street; only about 30% are trade-ins on sales. This location was chosen because Pawtucket is a major marketing area.

Richard Pilavin, Applicant, 10 Ricky Dr., Framingham, MA.

Mr. Pilavin states that repairs are not promoted, mainly the preparation of new motorcycles. Most repairs are component work (wheels, etc) accessory additions. These do not require testing. Most business is in new sales and sale of apparel; parts and accessories; service is last. Bulk parts are delivered by UPS; cycle deliveries are only a couple of times a month; the service area is small in the back of the building; there are two mechanics; must have uniform interior design as the other Harley Davidson Dealerships; would do some outside remodeling. No Test Driving of new cycles allowed. There is little trade-in business because owners get a better price on their own. The hours will be 9–7 monday-friday; 9–4 Saturday; closed Sundays. He has been in the cycle business for 10 years.

Jim Pilavin, applicant, 105 Redwood Rd, Newton, MA.

Mr. Pilavin states that he is now the financial planner. He believes this business will be an asset to the Community. Repair work will be 15% of revenue, must do warranty work - 2 year warranty.

Submits communications from landlord and building official in Framingham.

Speaking in opposition is Representative Joseph LaMountain, 76 London Ave., Pawtucket, RI.

Rep. LaMountain states that he is concerned with parking, traffic, noise, odors, testing cycles. He fears that because this will be the sole Harley Davidson dealer in the area the sales and repair work will be heavy.

Speaking in opposition is Scott Sisson, 180 Harris St., Pawtucket, RI.

Mr. Sisson submits a petition of residents against this license. He states it is a residential neighborhood

Speaking in opposition is Ronald Maynard, 13 Wilson Street, Pawtucket, RI. Mr. Maynard states his house faces rear lot of building. These are not quiet bikes, fears a noise problem. Believes there will be a lot of repair work. Other shops have bikes delivered in 18 wheelers which is dangerous for kids.

Speaking in opposition is Georgia Messier, 243 Perrin Avenue, Pawtucket, RI. Ms. Messier states that she lives across from the parking lot, and is concerned about noise problems.

Speaking in opposition is Peter Madsen, 74 Lee St., Pawtucket, RI. Mr. Madsen states that he owns property a block away and this type of business will reduce property values.

Speaking in opposition is Ann Assermley, 201 Robinson Ave., Pawtucket, RI. Ms Assermely states that there are two schools on the street and three churches. She fears noise and many people being injured on cycles.

Speaking in opposition is Frank Braginton, 121 Hanover Ave., Pawtucket, RI. Mr. Braginton states that he owns property on Bacon Street, and fears the impact on residential neighborhoods.

Speaking in opposition is Pauline Horrocks, 74 Revere Street, Pawtucket, RI. Ms. Horrocks states that she is a former crossing guard and that cycles like to go around cars causing problems for crossing guards.

Speaking in opposition is Philip Smiley, 74 Downs Ave., Pawtucket, RI. Mr. Smiley requests the City Council to think of the area residents; bikes are noisy and is afraid of the speeding.

There are no other speakers.

The Hearing is closed.

The following petitions are read into the record.

062      Petitions opposing the granting of a license to precision Harley Davidson inc for the sale and repair of motorcycles and accessories at 639 Central Avenue.

062      Communications from St. Leo’s Church, St. Cecilia’s Church, Maurice Tetreault, & Kenneth & Jo Ann Joines objecting to a Motorcycle Shop at 639 Central Avenue, Pawtucket, RI.

Upon Motion made by Councilman Doyle, seconded by Councilmen Calista and Kinder, the following petition for license is DENIED BASED ON THE INCOMPATIBILITY WITH THE NEIGHBORHOOD:

062      Petition for Auto Repair Shop License and Second Hand Shop License of Precision Harley Davidson Inc., 639 Central Avenue, Tax Assessor’s Plat #11, Lots #113, #114, #115, #730, #650.

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD MAY 9, 1990, AND IS AGAIN TAKEN UP AND IS PASSED ON A ROLL CALL VOTE AS FOLLOWS:

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

Noes - Councilman Rabbitt.

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

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD MAY 9, 1990, AND IS AGAIN TAKEN UP AND IS PASSED ON A ROLL CALL VOTE AS FOLLOWS:

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

Noes - Councilman William Lynch.

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

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

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

Noes - 0

032      Resolution Accepting the Care of Burial Lot of Lloyd Brown, Jr., Douglas Brown, Sr., John Brown, Allen Brown.

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

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

Noes - 0

032      Resolution Accepting the Care of Burial Lot of Cidalia Baptista.

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

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

Noes - 0

588      Resolution Congratulating John Nazarian for being chosen as the new President of Rhode Island College.

Submitted by:   William J. Lynch, Councilman District One

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

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

Noes - 0

588      Resolution Congratulating and Expressing pride in the attainment of Eagle Scout by Raymond J. Gagne.

Submitted by:   John Q. Calista, Jr. , Councilman-At-Large

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

ENTERTAINMENT

Pawtucket Octoberfest Committee Inc., for license to conduct Octoberfest Festival at Roosevelt Ave/Slater Mill Parking Lot/Downtown Area on Sat. Sept 29 1990 at 10:00 AM to 7:00 PM; Sun. Sept 30 1990 at 10:00 AM to 7:00 PM LIC #695M

R.I. Labor & Ethic Heritage Festival for license to conduct festival in Slater Mill Roosevelt Avenue, on Sunday, September 2, 1990, at 12:00 Noon - 7:00 PM, LIC #690M

FORTUNE TELLER (RENEWAL)

Sabrina Harris d/b/a Miss Kelly’s Reader & Advisor, at 872 Newport Avenue, LIC #738

ABSTAIN - COUNCILMAN WILLIAM LYNCH.

PIN BALL & AMUSEMENT DEVICES (RENEWAL)

Blarney Stone Pub Inc., 140 & 146 Dexter Street, (1) LIC #647

Cape Verdean American Lounge Inc., 17 Exchange Street, (2) LIC #650

Duffin’s Pub Inc., 215 Division Street, (2)LIC #655

D.W. & G. Inc. d/b/a Dazzle’s, 602 Smithfield Avenue, (1) LIC #656

G I Veterans Association Club Inc. d/b/a Archie’s Tavern, 47 Mendon Avenue, (1) LIC #658

The Peppermill Restaurant Ltd., 636 Central Avenue, (2) LIC #672

Surkont’s Inc d/b/a Surkont’s Cafe, 140–142 Japonica Street, (1) LIC #677

SUNDAY SALES (FIRST CLASS) NEW

Charles R. Robat d/b/a Chuck’s Fruit & Deli, 601B Smithfield Avenue, LIC #91

SUNDAY SALES (FIRST CLASS)

Saad Food Mart Inc (transfer from Wel-Mar Enterprises Inc) 1414 Newport Avenue, LIC #55

VICTUALLING HOUSE (First Class)

Dice Pizza Inc., 549 Armistice Boulevard (transfer from 150 Benefit Street) LIC #246

VICTUALLING HOUSE (First Class)

Natalya Ioffe d/b/a Tyler Donut Shop (transfer from Marshall Salzman d/b/a Tyler Donut Shop) 196 Division Street, LIC #249

Hassane K. Merhi d/b/a Uncle John’s Family Restaurant (transfer from John & Maria Rodrigues d/b/a Uncle John’s Family Restaurant) 757 Main Street, LIC #250

Saad Food Mart Inc (transfer from Wel-Mar Enterprises Inc) 1414 Newport Avenue, OPEN 24 HOURS LIC #248

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

Ann Contant - $1,265.00

Rev. Jackson - $396.92

Evelyn L. Soave - $118.83

Joan Stiles - $195.00

Alain Sylva - $1,884.54

THE CHAIR RECOGNIZES COUNCILMAN KINDER.

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

The Clerk is instructed to send a communication to Dr. Richard Charlton, Superintendent of Pawtucket School Department, asking that the he send a letter to Eugene Jeffers, Director of Public Works giving him permission to install a basketball backboard at the Potter Burns School.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

With majority consent of the Council, Councilman Rabbitt submits the following petition:

568      PETITION REQUESTING THAT LOWELL AVENUE, FROM GILL AVENUE TOWARD BEVERAGE HILL AVENUE BE MADE A ONE-WAY STREET.

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 file petition and send a communication to Michael Burns, Traffic Engineer, requesting that he take the necessary steps to make Lowell Avenue a one-way street going from Gill Avenue toward Beverage Hill Avenue as soon as possible.

THE CHAIR RECOGNIZES COUNCILMAN RABBITT.

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

The Clerk is instructed to send a communication to Fred E. Joslyn, Jr., City Solicitor, requesting him to draft a resolution entitled "The Abatement Resolution" requiring that signatures on the form for "Indigency Relief" under R.I. General Laws 44–3–3 be notarized and that the applicants bring verification of all income and expensed that are on the form. Also, the resolution should include the recommendations from a 1983 report from the Tax Abatement Study Committee.

THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.

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

The Clerk is instructed to send a communication to Matthew Gill, Director, Department of Transportation, requesting him to delayed left turn signals at the intersection of Lonsdale Avenue and Mineral Spring Avenue as well as the intersection of Lonsdale Avenue and Weeden Street be reinstalled as soon as possible.

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 the Rhode Island Department of Transportation, requesting that a representative appear at a pre-council session to discuss the traffic flow concerns surrounding the Armistice Boulevard construction being done by DOT.

Upon Motion was made by Councilmen Barry, seconded by Councilman Kinder the following meeting is adjourned at eleven fifteen o’clock p.m.

May 23, 1990 - Regular City Council Session
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