February 20, 1991 - Regular City Council Session

City Council, February 20, 1991.

A regular session of the City Council is held Wednesday, February 20, 1991, at eight thirty-four o’clock p.m. All the members are present except Councilmen Barry, Calista, and Rabbitt; and President Houle presides.

The reading of the records of February 6, 1991, is dispensed with and the records are approved as prepared by the Clerk.

Upon Motion made by Councilman Vieira, seconded by Councilman Robert Lynch the *Consent Agenda is approved on a unanimous voice vote.

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

611      B.         Communication from Christine N. Tague, Director of Finance, to Richard J. Goldstein, Clerk of the Council. (Projected 1% increase in property tax revenues)

028      C.        Communication from Councilman William J. Lynch, to Christine N. Tague, Director of Finance. (Printout payroll listing)

611      D.        Communication from Christine N. Tague, Director of Finance, to Richard J. Goldstein, Clerk of the City Council. (Printout of Payroll list)

028      E.         Communication from Department of Environmental Management, to City Clerk. (Freshwater Wetland Applicability Determination - Main Street intersection with Roosevelt Avenue to its intersection with Park Place)

028      F.         Communication from Division of Hazardous Materials to Owen Devine, Water Superintendent in Providence. (Property located on Assessor’s Plat 42 Lot 28)

614      G.        Communication from Louis S. Simon, Acting Director of Public Works, to Richard J. Goldstein, Clerk of the Council. (Meeting with Paul Sams, BVDC and Peter Granieiri, City Engineer)

028      H.        Communication from Carol A. Schraeder, Program Director, to Richard DeLyon, Commander of Police. (Litter Ordinances/Brochure)

592      I.          Communication from Roger F. Giraud, Director of Planning and Development, to City Council. (Replacement of Zoning Map Page 43B)

1          J.          Communication from Richard E. DeLyon, Commander of Police, to James H. Higgins, Director of Public Safety. (Litter and Receptacle Task Force)

595      K.        Communication from Roger F. Giraud, Executive Director Pawtucket Redevelopment Agency, to the Honorable City Council. (Pawtucket Citizens Development Corporation: Parcel RV-R-81 Development Proposal)

590      L.         Communication from His Honor, Mayor Brian J. Sarault, to the Council Members. (City Council’s Volunteer Committee)

592      M.        Communication from Roger F. Giraud, Director of Planning and Development to Pawtucket City Council. (Industrial Highway Right-of-Way: Clean Up/Beautification)

590      N.        Communication from His Honor, Mayor Brian J. Sarault, to Council President Houle. (Press Release Re: Pawtucket Residents given preferred parking at Slater Park)

613      **O.    Memo from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, City Clerk. (Motion to be excused from Attendance)

613      **P.     Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Response to the request of Councilman William J. Lynch (D-1) dated February 8, 1991)

613      Q.        Communication from Fred E. Joslyn, Jr., City Solicitor, to Richard J. Goldstein, Clerk of the Council. (Burger King - Cedar Street)

590      R.         Communication from Mayor Brian J. Sarault, to Raymond W. Houle, Jr., President of the Pawtucket City Council. (Winter Parking Regulations)

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

028      A.        Communications from Eugene J. Jeffers, Chief Engineer, Water Supply Board, to Councilman William J. Lynch. (Responses to previous communications) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

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

028      Communication from Councilman William J. Lynch, to Eugene J. Jeffers, Chief Engineer. (Work at house on property of the P.W.S.B.)

028      Communication from Councilman William J. Lynch, to Eugene J. Jeffers, Chief Engineer. (Legal Fees/Costs Incurred by P.W.S.B)

Upon Motion made by Councilman William J. Lynch, seconded by Councilman Kinder, the following communications are Read and Ordered Filed.

Communication from Councilman William J. Lynch, to Eugene J. Jeffers, Chief Engineer. (Work at house on property of the P.W.S.B.)

Communication from Councilman William J. Lynch, to Eugene J. Jeffers, Chief Engineer. (Legal Fees/Costs Incurred by P.W.S.B)

623      S. Communication from Martin E. Joyce, Personnel Director to Councilman William J. Lynch. (Request for copy of current payroll) is Read and Ordered Filed.

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

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

028      Communication from Martin E. Joyce, Director of Personnel, to Councilman William J. Lynch. (Payroll records of city employees)

028      Communication from Councilman William J. Lynch, to Martin E. Joyce, Director of Personnel. (Letter of February 7, 1991)

028      Communication from Councilman William J. Lynch, to Martin E. Joyce, Director of Personnel. (Letter of February 19, 1991)

Upon Motion made by Councilman William J. Lynch, seconded by Councilman Kinder, the following communications are Read and Ordered Filed.

Communication from Martin E. Joyce, Director of Personnel, to Councilman William J. Lynch. (Payroll records of city employees)

Communication from Councilman William J. Lynch, to Martin E. Joyce, Director of Personnel. (Letter of February 7, 1991)

Communication from Councilman William J. Lynch, to Martin E. Joyce, Director of Personnel. (Letter of February 19, 1991)

THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.

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

613      Communication from Gerald J. Pouliot, Assistant City Solicitor to Councilman William J. Lynch. (Jose Lopes, et a1)

Upon Motion made by Councilman William J. Lynch, seconded by Councilman Kinder, the following communication is Read and Ordered Filed.

Communication from Gerald J. Pouliot, Assistant City Solicitor to Councilman William J. Lynch. (Jose Lopes, et a1)

Communication from His Honor Mayor Brian J. Sarault, submitting the following re-appointment to the Purchasing Board, FOR CONFIRMATION:

Howard W. Ballou, 87 Reservoir Avenue. Term expires first Monday in January, 1994 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 Doyle, Kinder, Robert Lynch, William Lynch and Vieira.

Noes - 0

PURCHASING BOARD

589      Howard W. Ballou, 87 Reservoir Avenue. Term expires first Monday in January, 1994.

Communication from His Honor Mayor Brian J. Sarault, submitting the following re-appointment to the Personnel Board, FOR CONFIRMATION:

John Mercer, 32 Martin Street. Term expires first Monday in January, 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 Doyle, Kinder, Robert Lynch, William Lynch and Vieira.

Noes - 0

PERSONNEL BOARD

589      John Mercer, 32 Martin Street. Term expires first Monday in January, 1996.

Communication from His Honor Mayor Brian J. Sarault, submitting the following re-appointment as a Trustee of the Public Library, FOR CONFIRMATION:

M. Frances Campbell, 515 Walcott Street. Term expires first Monday in January, 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 Doyle, Kinder, Robert Lynch, William Lynch and Vieira.

Noes - 0

PUBLIC LIBRARY

589      M. Frances Campbell, 515 Walcott Street. Term expires first Monday in January, 1996.

Communication from His Honor Mayor Brian J. Sarault, submitting the following re-appointment to the Public Buildings Authority, FOR CONFIRMATION:

George G. Simpson, Jr., 85 King Philip Road. Term expires first Monday in January, 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 Doyle, Kinder, Robert Lynch, William Lynch and Vieira.

Noes - 0

PUBLIC BUILDINGS AUTHORITY

589      George G. Simpson, Jr., 85 King Philip Road. Term expires first Monday in January, 1996.

Communication from His Honor Mayor Brian J. Sarault, submitting the following re-appointment as a Member of the Historic District Commission, FOR CONFIRMATION:

Jeanne R. Richardson, 37 Blaisdell Avenue. Term expires first Monday in January, 1994 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 Doyle, Kinder, Robert Lynch, William Lynch and Vieira.

Noes - 0

HISTORIC DISTRICT COMMISSION

589      Jeanne R. Richardson, 37 Blaisdell Avenue. Term expires first Monday in January, 1994.

Communication from His Honor Mayor Brian J. Sarault, submitting the following re-appointment as a Member of the Board of Appeals, FOR CONFIRMATION:

Kenneth J. Kolek, 9 Angle Street. Term expires first Monday in January, 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 Doyle, Kinder, Robert Lynch, William Lynch and Vieira.

Noes - 0

BOARD OF APPEALS

589      Kenneth J. Kolek, 9 Angle Street. Term expires first Monday in January, 1996.

Communication from His Honor Mayor Brian J. Sarault, submitting the following appointment as a Trustee of the Public Library, FOR CONFIRMATION:

Eileen P. Cadden, 61 Maplecrest Drive, to fill unexpired term of James W. Arenburgh. Term expires first Monday in January, 1992 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 Doyle, Kinder, Robert Lynch, William Lynch and Vieira.

Noes - 0

TRUSTEE OF THE PUBLIC LIBRARY

589      Eileen P. Cadden, 61 Maplecrest Drive, to fill unexpired term of James W. Arenburgh. Term expires first Monday in January, 1992.

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

Petition for AUTO REPAIR SHOP LICENSE of Humberto Hernandez d/b/a S.T.A. Auto Body, (Previous Owner Continental Auto Body Inc.) 519 Broadway, Tax Assessor’s Plat #8 Lot #186, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC #136

Speaking in favor is Humberto Hernandes, 288 Carpenter Street, Providence, Rhode Island.

Mr. Hernandes states that the owner of Continental got sick and the business was advertised for sale. He was in this type of business before, at 1664 Elmwood Avenue, Cranston, RI. He closed the business because it was to small.

Mr. Hernandes states that the new location has enough room to handle all the cars. There will be parking around the building, not on the street.

The business will be run with one employee, and his fiancee will be the secretary.

Speaking in opposition is Mr. Angel Hererra, 165 Japonica Street, Pawtucket, RI, and Sandra Restrepo, 165 Japonica Street, Pawtucket, RI.

They state that they do not want the establishment there. They are concerned about the air pollution and exhaust fumes.

Sandra Restrepo’s mother, who lives next door, is concerned about this business; but she is working this evening, so she is unable to appear at the hearing to voice her concerns.

The Auto Repair Shop was there when the family moved in.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilman Doyle, seconded by Councilman William Lynch, the following petition is LAID ON THE TABLE on a unanimous voice vote:

Petition for AUTO REPAIR SHOP LICENSE of Humberto Hernandez d/b/a S.T.A. Auto Body, (Previous Owner Continental Auto Body Inc.) 519 Broadway, Tax Assessor’s Plat #8 Lot #186. LIC #136

Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Presteel Sales and Auto Body Inc., 41 Congress Street, Tax Assessor’s Plat #44, Lot #472, for selling used automobiles and keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC #135 & #115

Speaking in favor is David DiPalma, 138 Warren Avenue, East Providence, RI, Attorney for the applicant.

Mr. DiPalma states that the applicant was in the Hospital, due to an accident in which he lost his leg.

Mr. DiPalma states that 3-4 employees will do the work. The applicant has been in the business for several years. There are two partners in the Corporation. He states that the old owners will work there. There will not be changes in the operation of the Auto Repair Shop. They will add the sale of used cars.

Mr. DiPalma states that there is sufficient room on the lot for all vehicles.

The Hearing is closed.

Upon Motion made by Councilman Vieira, seconded by Councilman Kinder, the following petition is GRANTED with the following stipulation on a unanimous voice vote:

*STIPULATION.

1.         Spray booth must be OSHA approved.

Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Presteel Sales and Auto Body Inc., 41 Congress Street, Tax Assessor’s Plat #44, Lot #472. LIC #135 & #115

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

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

Noes - 0

1          Resolution Placing Police Captain Kenneth R. Gendron on the Pension List Effective January 2, 1991.

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 Captain Kenneth R. Gendron, to thank him on behalf of the City Council for the 39 years of service he gave to the City of Pawtucket, and to wish him the best of luck in all his future endeavors.

The Council wants him to know that they appreciate the outstanding service he provided to the City over that period of time.

1          Communication from His Honor, Mayor Brian J. Sarault, confirming, ratifying, and approving the placing of Police Captain Kenneth R. Gendron on the Pension List is Read and Ordered Filed.

THE FOLLOWING ORDINANCE IS TAKEN UP FOR SECOND PASSAGE AND IS LAID ON THE ON A UNANIMOUS VOICE VOTE:

Ordinance in Amendment of Chapter 2118 Establishing a Maximum Number of Liquor Licenses with within the City of Pawtucket.

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

Ordinance in Amendment of Chapter 1097 of the Ordinances of the City of Pawtucket, Further Identified as Chapter 31 of the Revised Ordinances of the City of Pawtucket. (Zoning Map Page 43B Replacement)

Ordinance in Amendment of Chapter 2170 of the Ordinances of the City of Pawtucket Establishing a Fee Schedule for Building, Electrical, and Plumbing Permits. (Valuation Table)

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

Ordinance Establishing an Anti-Litter Ordinance, and Repealing Chapters 1265, 1595, 1907, of the Ordinances of the City of Pawtucket in Their Entirety.

THE CHAIR RECOGNIZES COUNCILMAN DOYLE.

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

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." (Japonica Street)

Upon Motion made by Councilman Doyle, seconded by Councilman Kinder, the following Ordinance is Laid on the Table on unanimous voice vote:

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." (Japonica Street)

THE CLERK IS INSTRUCTED TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD ON MARCH 20, 1991, AT 8:00 P.M.

THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE (FIRST CLASS) NEW

Geo’s Bar Inc., 945-947 Mineral Spring Avenue, LIC #245

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

FLOWER PEDDLER LICENSE (RENEWAL)

Dominic Africo, 191 Greeley Street, Providence, RI, LIC #794

POOL TABLE (RENEWAL)

Jan’s Place Inc., 58-60 Middle Street, Pawtucket, RI, LIC#16

POOL TABLE (NEW)

Stooge’s Inc d/b/a Stooge’s Pub & Deli, 90 Broad Street, (1) Weekdays and Sundays, LIC #28

PRIVATE DETECTIVE (NEW)

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

Richard Rounds - $55.00

Stuart Seebeck - $550,000

THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.

With majority consent of the Council, the following Motion made by Councilman Vieira, 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, requesting that he and Frank Rendine, follow up on the letter from the meeting of February 6, 1991, regarding dumping by AMTRAK at the Mosshasuck Valley site owned by the Redevelopment Agency.

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

February 20, 1991 - Regular City Council Session
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