September 19, 1990 - Regular City Council Session

City Council, September 19, 1990.

A regular session of the City Council is held Wednesday, September 19, 1990, at seven forty o’clock p.m. All the members are present except Councilmen Robert Lynch and Rabbitt and President Houle presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC, HEARING ON THE FOLLOWING:

Ordinance in Amendment of Chapter 1097 of the Ordinances of the City of Pawtucket and Chapter 31 of the Revised Ordinances of the City of Pawtucket, Rhode Island, 1966, Entitled "Zoning" (Boulevard Plaza Shopping Center Armistice Blvd., York Street, Walcott Street and East Pawtucket Industrial Highway).

THE COUNCIL RECONVENES AT 8:10 O’CLOCK PM.

Ordinance in Amendment of Chapter 1097 of the Ordinances of the City of Pawtucket and Chapter 31 of the Revised Ordinances of the City of Pawtucket, Rhode Island, 1966, Entitled "Zoning" (Boulevard Plaza Shopping Center - Armistice Blvd., York Street, Walcott Street and East Pawtucket Industrial Highway), which is read for the first time, is taken up:

THE CHAIR RECOGNIZES COUNCILMAN DOYLE.

With majority consent of the Council, Councilman Doyle states that based on the objections stated by various property owners at the public hearing held earlier, he is requesting that Mr. DaLuca, Attorney representing Boulevard Plaza Shopping Center, contact the owners and the three individuals who spoke at the public hearing and work out the problems and report back prior to the second passage on October 10, 1990.

Upon Motion made by Councilman Doyle, seconded by Councilman Calista, the following ordinance is read for the first time and passed pending satisfactorily meeting the concerns of the neighbors prior to second passage on October 10, 1990, on a roll call vote as follows:

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

Noes - 0.

Ordinance in Amendment of Chapter 1097 of the Ordinances of the City of Pawtucket and Chapter 31 of the Revised Ordinances of the City of Pawtucket, Rhode Island, 1966, Entitled "Zoning" (Boulevard Plaza Shopping Center - Armistice Blvd., York Street, Walcott Street and East Pawtucket Industrial Highway).

THE COUNCIL RECESSES AT 8:15 PM TO MEET AS THE BOARD OF LICENSE COMMISSIONERS.

THE COUNCIL RECONVENES AT 9:00 PM.

The reading of the records of September 5, 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:

592      A.        Communication from Roger F. Giraud, Director of Planning and Development, to Harold K. Ellis, Enforcement Supervisor, Freshwater Wetlands Section. (C90–0124 Notice of Intent at Enforce - FWWA: Friendship Gardens/Slater Park)

028      B.         Communication from Michael Burns, Traffic Engineering Supervisor, to James Higgins, Director of Public Safety. (Temporary Parking Regulations and Restrictions for Williston Way)

028 &

062      C.        Communication from Henry J. Blais, III, Esq., to Richard J. Goldstein, Clerk of the Council. (Flea Market Application: Peerless Merchandise Mart, Inc.)

613      D.        Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Mark Realty, Inc. and the Store 24 of RI, Inc.)

7          E.         Communication from Richard E. DeLyon, Commander of Police, to O.I.C. Platoons #1, #2, #3. (St. Theresa’s Festival)

614      F.         Communication from Eugene J. Jeffers, P.E., Chief Engineer, to Richard J. Goldstein, Clerk of the Council. (Use of a Vehicles)

623      G.        Communication from Martin E. Joyce, Jr., Personnel Director, to Honorable City Council. (Pay Plan Amendment)

592      H.        Communication from Roger F. Giraud, Director of Planning and Development, to Honorable City Council. (Submission of Ordinances - Historic District Commission and Designation of Historic Districts)

028      I.          Communication from Paul C. Mowrey, Principal Planner, Planning and Development, to Honorable City Council. (Pawtucket Master Plan)

592      J.          Communication from Roger F. Giraud, Director of Planning and Development, to President Raymond W. Houle, Jr. (Disposition of City Property: Assessor’s Plat 23 Lot 613 Revised Resolution of the City Council)

610      K.        Communication from James H. Higgins, Director of Public Safety, to Richard J. Goldstein, Clerk of the Council. (Status on foot patrol in the City)

592      M.        Communication from Roger F. Giraud, Executive Director, to Honorable City Council. (Branch Street Property)

028      L.         Communication from Dr. Richard P. Charlton, Superintendent of Schools, to Councilman Raymond W. Houle, Jr., President of the City Council, (School Funding in FY91) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

With majority consent of the Council, Councilman Calista introduces the following entitled communication:

590      Communication from Mayor Brian J. Sarault to Council President Raymond Houle. (Funds for Additional State School Aid and the Estimated Retirement Savings)

Upon Motion made by Councilman Calista, seconded by Councilman Barry, the following communication is READ AND ORDERED FILED:

Communication from Mayor Brian J. Sarault to Council President Raymond Houle. (Funds for Additional State School Aid and the Estimated Retirement Savings)

Communication from Joseph A. Piccardi, Assistant Director, Rhode Island Department of Transportation, to Richard J. Goldstein, Clerk of the Council. (Disposition of Surplus State Land Plat 1172, Parcel (s) 1 & 1 A - Hayward Street & Newell Avenue) is REFERRED TO COMMITTEE ON CITY PROPERTY AND CITY PLANNING COMMISSION.

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 Mr. Piccardi, Department of Transportation requesting an extension of 60 days to afford the City enough time to study this offer and also to request that the time period to accept the State’s offer be changed from 30 days to 60 days.

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

Petition for AUTO REPAIR SHOP LICENSE of Luis Luna d/b/a Garcia’s Auto Repair, 72 Exchange Street, Tax Assessor’s Plat 43, Lot 533, for repairing automobiles, which was advertised for a hearing at this time, is taken up and no person or persons appearing, this matter is LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE, AND THE APPLICANT IS REQUESTED TO APPEAR AT A PRE-COUNCIL SESSION ON OCTOBER 10, 1990.

Petition for FLEA MARKET LICENSE of Peerless Merchandise Mart Inc., at 175 Main Street, Tax Assessor’s Plat 43 Lot 581, to keep a shop for the purpose of operating a Flea Market, which was advertised for a hearing at this time, is taken up: LIC#753

Speaking in favor is Roland Martino, 13 Packard Avenue, North Providence, Rhode Island, applicant.

Mr. Martino states his objection as being labeled a Flea Market rather than a Merchandise Mart. He explains he will be selling all new merchandise, such as furs, toys, etc., and such sales will be oriented around holidays. He has a temporary lease and is more than willing to terminate any remaining portion of said lease if the City of State intends to buy or lease this building for other purposes, such as an off-track betting site or a district court.

Independent agents will be leasing space from him for a few days at a time, possibly in some cases one week. Vendors are charged by the square footage of space they need.

Councilman Doyle asks if Mr. Martino has ever been involved in this type of an operation before. Mr. Martino replies yes in California and Florida.

Mr. Martino states this is a new concept in merchandising and does not know of one in Rhode Island or Massachusetts.

Mr. Martino states he is retired but is in the business of buying and selling and also introduces his partner Mr. Iomondi, a retired fight promoter.

Speaking in opposition:

Robert Michaud, 258 Columbus Avenue, Pawtucket, RI.

Mr. Michaud states that he hates to see a flea market go into the downtown area. He feels that it is not the proper activity for downtown and will not improve the city. He has no objection to a retail store.

Bill Wood, President, Blackstone Valley Chamber of Commerce.

Mr. Wood expresses the objection of the Chamber of Commerce to the operation of a flea market in the downtown area. He states that this building is vital to the city’s economic development. A regional court house will have a greater impact on the downtown area and requests that the flea market license be denied.

David McCauley, President of the Board of Trustees, Old Slater Mill Association.

Mr. McCauley points out the improvements made at the site of the Old Slater Mill and how beautiful the corner is and a flea market operation across the street would deter from the area and diminish the character of the City, especially the Old Slater Mill.

M. Frances Campbell, Chairwoman Board of Trustees of the Library.

Ms. Campbell expresses the opposition of the library and the main concern is parking.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

With majority consent of the Council, Councilman William Lynch submits the following entitled communications:

062      Communication from Miriam Hochman to William Lynch, Esq. opposing flea market operation in Peerless building.

062      Communication from Roger F. Giraud, Executive Director Pawtucket Redevelopment Agency to Richard Goldstein, City Clerk (Peerless Building - permitted uses.)

Upon Motion made by Councilman William Lynch, seconded by Councilman Barry, the following communications are READ AND ORDERED FILED:

Communication from Miriam Hochman to William Lynch, Esq. opposing flea market operation in Peerless building.

Communication from Roger F. Giraud, Executive Director Pawtucket Redevelopment Agency to Richard Goldstein, City Clerk (Peerless Building - permitted uses.)

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

With majority consent of the Council, Councilman Calista requests the Flea Market License application of Peerless Merchandise Mart Inc., at 175 Main Street, be denied.

Upon Motion made by Councilman Calista, seconded by Councilman William Lynch, the Petition for FLEA MARKET LICENSE of Peerless Merchandise Mart Inc., at 175 Main Street, Tax Assessor’s Plat 43 Lot 581, is DENIED on a roll call vote, as follows:

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

Noes - Councilmembers Barry, Kinder, and Vieira.

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

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

Noes - 0

032      Resolution Accepting the Care and Burial Lot of Charles Buck.

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

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

Noes - 0

032      Resolution Accepting the Care and Burial Lot of Victoria Gomes.

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

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

Noes - 0

588      Resolution of the City Council Conveying City Property at the Corner of School and Pond Street to Henry E. Zawacki ET UX.

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, William Lynch and Vieira.

Noes - 0

330      CH 2157 Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "The Traffic Ordinance" (4- Way Stop Signs - Geneva Street Unity Street, Progress Street and Blodgett Avenue)

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, William Lynch and Vieira.

Noes - 0

330      CH 2158 Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "The Traffic Ordinance" (4-Way Stop Signs - Burgess Avenue and Balch Street)

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

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

Noes - 0

Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "The Traffic Ordinance" (4-Way Stop Signs - Francis Street and Power Road)

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

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

Noes - 0

Ordinance in Amendment of Chapter 991 of the Ordinances of the City of Pawtucket Entitled "The Traffic Ordinance" (4-Way Stop Signs - Piave Street and Power Road)

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

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

Noes - 0

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of Four-Hundred Fifty Thousand ($450,000) Dollars Providing for Repair, Reconstruction and Replacement of Highway Bridges 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 Barry, Calista, Doyle, Kinder, William Lynch and Vieira.

Noes - 0

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of One Million ($1,000,000) Dollars for Renovations and Additions to School 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 Barry, Calista, Doyle, Kinder, William Lynch and Vieira.

Noes - 0

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of Five-Hundred Thousand ($500,000) Dollars Providing for Repairing, Constructing and Reconstructing of Streets and Sidewalks 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 Barry, Calista, Doyle, Kinder, William Lynch and Vieira.

Noes - 0

Ordinance Authorizing in City of Pawtucket to Issue Bonds and Notes in the Sum of Two-Hundred Eighty Thousand ($280,000) Dollars Providing for Major Capital Repairs to the Sedimentation Basin of the Pawtucket Water Supply Board 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 Barry, Calista, Doyle, Kinder, William Lynch and Vieira.

Noes - 0

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of Three-Hundred Thirty Thousand ($330,000) Dollars Providing for Replacement of Lead Lined Customer Service Lines by the Pawtucket Water Supply Board in the City of Pawtucket.

The following ordinance is LAID ON THE TABLE on a unanimous voice vote:

Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Sum of One Million ($1,000,000) Dollars Providing for Major Capital Improvements to the Transmission and Distribution System of the Pawtucket Water Supply Board in the City of Pawtucket.

THE CLERK IS INSTRUCTED TO INVITE EUGENE J. JEFFERS, P.E., CHIEF ENGINEER OF THE PAWTUCKET WATER SUPPLY BOARD TO ATTEND A PRE COUNCIL SESSION SCHEDULED FOR OCTOBER 10, 1990, TO DISCUSS THE COORDINATION OF WATER BONDS WITH THE BONDS OF THE PUBLIC BUILDINGS AUTHORITY.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

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

The Clerk is instructed to send a communication to Bond Counsel requesting the status of the City’s bonded indebtedness; specifically, is the City approaching its maximum bonded indebtedness and at what figure would Bond Counsel recommend as a ceiling, before the credit rating is jeopardized. A response is requested in time for the October 10, 1990, meeting.

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

Ordinance in Amendment to Chapter 1734 of the Ordinances of the City of Pawtucket Entitled "An Ordinance Relating to Group Homes."

Ordinance in Amendment of Chapter 28, "Streets and Sidewalks" Section 28–6, of the Revised Ordinances of the City of Pawtucket 1966.

Ordinance to Prohibit the Open Exhibition of Certain Video Cassette Recordings in Establishments Engaged in the Business of video Cassette Recordings.

Ordinance Establishing a Pay Plan for the City of Pawtucket and Repealing Chapter 2144.

Ordinance Establishing an Historic District Commission and Repealing Chapter 2023 its Entirety.

Ordinance in Amendment of Chapter 1097 of the Ordinances of the City of Pawtucket and Chapter 31 of the Revised Ordinances of the City of Pawtucket, Rhode Island, 1966, Entitled "Zoning" (Designation of Historic Districts)

CLERK IS INSTRUCTED TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD ON WEDNESDAY, OCTOBER 24, 1990 AT 7:30 PM.

Ordinance Authorizing and Directing the Director of Finance to Execute and Deliver to the Pawtucket Redevelopment Agency a Deed of Land for Property on Branch Street, Also Designated as Lot 61 on Plat 6 of the Tax Assessor of the City of Pawtucket

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

ENTERTAINMENT

Leroy Community Concerts Assoc., Broad Street, for license to conduct Boogie Down Production & Dean Ice D.J. Concert, in Leroy Theater, on Saturday October 13 1990, at 7:00 pm to 11:00 pm LIC #618

POOL TABLE (NEW)

C.C. & D.D. Inc. d/b/a Dazzle’s (D.W. & G Inc. d/b/a Dazzle’s, 602 Smithfield Street, (1) Weekdays and Sundays LIC #29

SUNDAY SALES (FIFTH Class) NEW

Jorge A. Pires, Res: 1720 Diamond Hill Road, Cumberland, Rhode Island. LIC#167

SUNDAY SALES (First Class) RENEWAL

Elvira Lopes, Selling grapes from trailer truck in parking lot at 139 on Benefit Street Only One Truck at a time per zoning compliance certificate, LIC #171

VICTUALLING HOUSE (First Class) NEW

33rd Inning pub Inc, at 176 Meadow Street, LIC #259

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

The Clerk is instructed to invite Rosemary Pari, licensed to peddle hotdogs, etc., to attend a pre-council session on October 10, 1990, to discuss complaints regarding selling hotdogs at the corner of Newport Avenue and Benefit Street. Also requested to attend this meeting is Commander DeLyon of the Pawtucket Police Department.

The Clerk is further instructed to request the Legal Department to prepare an ordinance regulating mobile vendors similar to the ordinance regulating flower peddlers.

THE CHAIR RECOGNIZES COUNCILMAN CALISTA.

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

The Clerk is instructed to send a communication to Roger Giraud, Director of Planning and Development, requesting a status report on the improvements to the running tracks at McCoy Stadium Annex and Max Read Field.

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 Roger F. Giraud, Executive Director of the Pawtucket Redevelopment Agency, concerning the Agency’s Painting/Rehabilitation Program for Elderly residents. Councilman Doyle received a complaint from Alice Noonan, 64 Calder Street, regarding unsatisfactory work done on her steps and the Agency’s position not to look into this matter. Councilman Doyle is requesting a report in time for the October 10, 1990, meeting.

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

Helen Baskerville - No amount specified.

Carol DePina - $3,000.00

Anna Gaudreau - $1,060.00

Claire Miller - $874.12

Margaret Oueenan & Alice Hurley - $1,703.20

Jean Palin - No amount specified.

Jonathan Peter - $400.00

Lionel W. Richard - $800.00

Jose’ Sousa - $2,710.00

PRESIDENT HOULE APPOINTS THE FOLLOWING CITY COUNCIL AD HOC COMMITTEES:

TAX

SYNCHRONIZATION -        Raymond W. Houle, Jr., Chairman

John J. Barry, III

J. Raymond Kinder

 

DEPARTMENT

REORGANIZATION -           Raymond W. Houle, Jr., Chairman

Robert W. Lynch

William D. Vieira, Sr.

 

VOTER INITIATIVE -            William J. Lynch, Chairman

John Q. Calista, Jr.

Kevin J. Rabbitt

 

CITY ELECTIONS -              John Q. Calista, Jr.

James E. Doyle

William D. Vieira, Sr.

President Houle submits the following:

Memo from Richard J. Goldstein, City Clerk to Members of the City Council requesting authorization to issue Certificate of Compliance for the Community Counseling Center Group Home.

Upon Motion made by Councilman Kinder seconded by Councilman Vieira, the Clerk is authorized to issue a Certificate of Compliance for the Community Counseling Center Group Home on a unanimous voice vote.

Upon Motion made by Councilman Kinder, seconded by Councilman Vieira, the meeting is adjourned at ten fifteen o’clock p.m.

September 19, 1990 - Regular City Council Session
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