City Council, May 22, 1991.
A regular session of the City Council is held Wednesday, May 22, 1991, at eight fourteen o’clock p.m. All the members are present except President Houle, Councilman Vieira; President Pro Tempore Barry presides.
The Council recesses immediately to conduct a Public Hearing on the following:
The Council reconvenes at nine twelve o’clock p.m.
The reading of the records of May 8, 13, 1991, are dispensed with and the records are approved as prepared by the Clerk with the following amendment to the record of May 8, 1991:
Page 401 - Councilman William Lynch states for the Record his dissatisfaction with the refusal of the Council’s legal representative to provide the Council with a request of legal opinion.
Upon Motion made by Councilman Calista, seconded by Councilman Kinder the *Consent Agenda is approved on a unanimous voice vote.
THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
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 Mayor Brian J. Sarault, requesting a vacation log for all the directors and department heads since January of 1988.
The Clerk is instructed to invite Mr. Walsh, for the Pre-Council session which is scheduled for June 5, 1991.
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, the following Motion made by Councilman Rabbitt, seconded by Councilman Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Brian J. Sarault, regarding the position of Public Works Office Manager. The Council is asking the Mayor not to fill the position until such time as the necessity can be discussed at the Budget Hearing on June 4, 1991.
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, Councilman Doyle introduces the following entitled communication:
Upon Motion made by Councilman Doyle, seconded by Councilman Calista, the following communication is Read and Ordered Filed:
Communication from David Goldstein, Policy Director, to Richard J. Goldstein, City Clerk. (Councilman Doyle’s request for vacation records)
A PUBLIC HEARING IS HELD ON THE FOLLOWING PETITIONS ADVERTISED FOR THIS TIME:
Petition for First Class Victualling House License of Cumberland Farms Inc d/b/a Cumberland Farms #1265, 913 Division Street, to operate the additional hours between 2:00 a.m. and 6:00 a.m. LIC #248.
Petition for First Class Victualling House License of Cumberland Farms Inc d/b/a Cumberland Farms #1230, 54 Newport Avenue, to operate the additional hours between 2:00 a.m. and 6:00 a.m. LIC #249.
Petition for First Class Victualling House License of Cumberland Farms Inc d/b/a Cumberland Farms #1220, 1531 Newport Avenue, to operate the additional hours between 2:00 a.m. and 6:00 a.m. LIC #250.
Speaking in favor is Linda Rebello, 183 Paris Iron Road, Chepachet, RI, District Manager for the Northern Rhode Island Cumberland Farms and Maria Fernandes, 17 Maple Street, Cumberland, RI, also from Cumberland Farms.
Ms. Rebello states that Cumberland Farms wants to have 24 hour stores throughout Rhode Island.
Councilman Doyle asks if Cumberland Farms has a policy as far the minimum number of employees between 2 - 6 AM. Ms. Rebello states there is no policy.
She states there are no alarms that will alert the police directly but she will install them if the Council insists.
Councilman Rabbitt asks why they are looking for 24 hour stores now.
Ms. Rebello responds that it is profitable.
Councilman Rabbitt asks why these stores are not open until 2 am now. Ms. Rebello states that she did not realize they could stay open until 2 am.
Ms. Rebello has researched other 24 hour Cumberland Farm Stores to find that this would be profitable.
Speaking in opposition to the store at 54 Newport Avenue is James Lunderville, 421 Williston Way.
Mr. Lundsrville states that a couple of years ago there were problems with employees parking on the sidewalk and dumpsters being emptied at 4 am and fuel trucks delivering at 5 am. He says the noise problems will devalue the property. There will be loitering, litter, and traffic. He states that there are several 24 hour stores in the area. He submits a petition from the neighbors opposing the 24 hour license.
The next speaker is Raymond R. White, 567 Beverage Hill Avenue. He states that he has lived there for 33 years and agrees with Mr. Lunderville.
The next speaker is Yvonne Contois, 446 Williston Way, Ms. Contois says she has lived there for 30 years and calls the police every weekend - gas comes in at 1 or 2 am for delivery.
The next speaker is Linda Simpson, 426 Williston Way. Ms. Simpson agrees with the other speakers.
The next speaker is Signe Cooper, 445 Williston Way. Ms. Cooper complains that there will be noise problems, music, broken bottles, and she is afraid of loitering.
Next speaker, opposed to the license at 1531 Newport Avenue is Mary Rose Abbott, 767 Cottage Street. Ms. Abbott says the area was quiet until the Cumberland Farms moved in. Teenagers loiter from 6-11 p.m. - smoking pot, and urinating behind the dumpster. The dumpster pickup is at 4 a.m., deliveries are made at 5 a.m. Cumberland Farms is not responsive to complaints.
Next is Carroll Promades, 187 New Medel Road, Barrington. • HG owns the two-family house abutting the Cumberland Farms and states the same problems as expressed by Ms. Abbott.
There are no other speakers. The Hearing is Closed.
Upon Motion made by Councilman Calista, seconded by Councilman Robert Lynch the following license is DENIED on a unanimous voice vote:
Petition for First Class Victualling House License of Cumberland Farms Inc d/b/a Cumberland Farms #1265, 913 Division Street, to operate the additional hours between 2:00 a.m. and 6:00 a.m. LIC #248.
Upon Motion made by Councilman Rabbitt, seconded by Councilmen Calista and Kinder, the following license is DENIED on a unanimous voice vote:
Petition for First Class Victualling House License of Cumberland Farms Inc d/b/a Cumberland Farms #1230, 54 Newport Avenue, to operate the additional hours between 2:00 a.m. and 6:00 a.m. LIC #249.
Upon Motion made by Councilman William Lynch, seconded by ,, Councilman Kinder, the following license is DENIED on a ; unanimous voice vote:
Petition for First Class Victualling House License of Cumberland Farms Inc d/b/a Cumberland Farms #1220, 1531 Newport Avenue, to operate the additional hours between 2:00 a.m. and 6:00 a.m. LIC #250.
Petition for SECOND HAND SHOP AND AUTO REPAIR SHOP LICENSE of William Ricci Jr d/b/a Smith Hill Auto World Annex (Previous owner Duane Lockaby d/b/a Lock’s Auto Sales), 1 Coifax St, Tax Assessor’s Plat 61, Lot 201, to keep a shop for the purpose of purchasing and selling used automobiles and repairing same is taken up: LIC #52 & 67.
Speaking in favor is William Ricci, 19A Nipmuc Trail, North Providence. He states that the previous owner moved out 30 days ago and this will be the same type of business.
There are no speakers in opposition. The hearing is closed.
Upon Motion made by Councilman Calista, seconded by Councilman Kinder, the following petition is LAID ON THE TABLE on a unanimous voice vote:
Petition for SECOND HAND SHOP AND AUTO REPAIR SHOP LICENSE of William Ricci Jr d/b/a Smith Hill Auto World Annex (Previous owner Duane Lockaby d/b/a Lock’s Auto Sales), 1 Coifax St, Tax Assessor’s Plat 61, Lot 201, to keep a shop for the purpose of purchasing and selling used automobiles and repairing same. LIC #52 & 67.
Petition for FLEA MARKET LICENSE of Downtown Pawtucket Improvement Association to operate a Flea Market beginning at the Main Street Bridge to the Corner of Main & Dexter Streets; and on Roosevelt Avenue from the Corner of Main Street to the Corner of Exchange Street is taken up: LIC #807.
Speaking in favor is Paul Campbell, 215 Main Street, Pawtucket, representing the Downtown Pawtucket Improvement Association. Mr. Campbell states they have been meeting for a month on the downtown marketplace. The proposal has been made by CAP Promotions. 23 merchants in the Association approve their proposal with stipulations including security, port-a-Johns, and quality control. There will be entertainment in the form of bands and minstrels at the fair. The Association will have control of vendors coming in. It will be family oriented and the merchants in the area feel that it deserves a shot. Mr. Campbell states that they have spoken to people in the elderly housing complexes and they are in favor. He says the fair will be selling mostly new merchandise. He says the Association applied to the Pawtucket Redevelopment Agency for $25,000 start up costs for marketing and advertising activities for the first six weeks. CAP guaranteed continuation of the market for four months with continued financial support.
Councilman Doyle wants a list of the members of CAP promotions and a breakdown of the $25,000 costs from PRA.
Mr. Campbell states that CAP will utilize vacant store fronts and try to get people to lease property full time. He says this is a first attempt of this type of market, and will operate on Saturdays and Sundays.
Councilman Kinder wants to limit the area to be used on Main Street from the China Inn to East Avenue.
Mr. Campbell states the time of operation will be from 8 a.m. to 5 p.m.
Councilman Calista wants to know why the $25,000 cannot be a loan instead of a grant.
Mr. Campbell states that there are precedents for grants.
Councilman Calista asks if they want a four month or a twelve month license.
Mr. Campbell replies 12 months.
Mr. Campbell says that the vendors will be licensed under a blanket license of the flea market and each vendor will be charged $20 per day.
Councilman Rabbitt asks about the liability on city sidewalks.
Mr. Campbell says that an agreement is being worked out between the merchants and CAP Promotions.
He says there will be space on the sidewalks for people to walk and there will be food vendors.
He says that CAP will provide services to keep the area clean from trash. He says that sales permits must be taken out by the vendors and by the end of the four months they expect to be at 400 vendors.
Councilman William Lynch wants a copy of the agreement and a list of the stipulations.
Mr. Campbell states that the restaurant owners have been the biggest supporters of the plan because of an agreement to spread out the food vendors so that they do not compete too much with the restaurants. He says that the market will be flexible. If the Peerless Building can be used for something not compatible with the market, they will move the market away.
Councilman Doyle is concerned how the market will mix with the Historic Area in Pawtucket.
Mr. Campbell says he wants to give a different look than a flea market to give a quality appearance to the market.
Councilman Barry is concerned with parking arrangements.
Mr. Campbell says that CAP will put up signage for parking. There will be four uniform security people to work the area, plus one off-duty police officer. However, they will use all police officers if requested by the Council.
He says that CAP will spend $3000 to $5000 per week for advertising - the $25,000 from PRA will be for advertising prior to opening. CAP will pay for dumpsters, port-a-Johns, administrate security, etc.
Opposed to the proposal is Holly Begley, 7 Benton St, Middleboro, MA. Ms. Begley presents a statement which has been filed.
The meeting is continued until 11:45 p.m.
A letter from the YMCA is introduced and filed.
The next speaker in opposition is Herbert Hanson, 195 Parkview Drive, representing the Northern Rhode Island Chamber of Commerce. He has three concerns; one is image, two is scale, three is quality control. He is concerned that this type of market has not been done elsewhere; he is concerned about controlling the vendors, he wants a smaller area used to try out the idea and is concerned with a flea market image of the City.
Councilman Barry asks if a ghost town is a better image than a flea market. He states that he is angry by the opposition to this flea market as well as the flea market which was proposed for the Peerless Building by the Chamber of Commerce, since they have not done anything else for downtown. He states that the last thing that the Chamber of Commerce did in the City of Pawtucket was move out.
The next speaker is Mr. Sherwood Kahn, 1115 Governor Bradford Drive, Barrington, representing Apex. Mr. Kahn states that the market has changed since Apex first moved in. There is a large number of retailers north of Pawtucket now. Apex lives or dies with their parking lot and the flow of traffic. They employ 300 people from the City of Pawtucket. He is concerned that this market will disturb the flow in and out of his store and is concerned about people parking in his lot. He has no concerns with an inside market or self-contained market.
The next speaker in opposition is Carol Chappel, 250 Main Street, a Merchant in the area.
Ms. Chappel says that she missed the opportunity to speak in favor, so she will speak in opposition. She is opposed because this may bring new business to her store and she may have to stay open. This might actually be something good in the area which she is concerned about.
The next speaker in opposition is Arlene Nihill, 57 Cambria Ct., owner of Perlow Shoe Store. Ms. Nihill states she is concerned that it will make it more difficult to get to the store. She is concerned about parking; she doesn’t like the idea of port-a-johns downtown. She says the Octoberfest takes away business from her store because of parking.
There are no other speakers. The Hearing is closed.
Upon Motion made by Councilman Kinder, seconded by Councilman Rabbitt, the following petition is LAID ON THE TABLE on a unanimous voice vote:
Petition for FLEA MARKET LICENSE of Downtown Pawtucket Improvement Association to operate a Flea Market beginning at the Main Street Bridge to the Corner of Main & Dexter Streets; and on Roosevelt Avenue from the Corner of Main Street to the Corner of Exchange St. LIC #807.
THE CHAIR RECOGNIZES COUNCILMAN ROBERT LYNCH.
With majority consent of the Council, the following Motion made by Councilman Robert Lynch, seconded by Councilman Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to New England Telephone Company, regarding the double pole on Rice Street and Welden Street. Councilman Lynch is once again requesting that one of the poles be taken down.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Pro Tempore Barry, Councilmembers Calista, Doyle, Kinder, Robert Lynch, William Lynch and Rabbitt.
Noes - 0
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Pro Tempore Barry, Councilmembers Calista, Doyle, Kinder, Robert Lynch, William Lynch and Rabbitt.
Noes - 0
COUNCILMAN ROBERT LYNCH LEAVES AT 11:30 PM.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Pro Tempore Barry, Councilmembers Calista, Doyle, Kinder, William Lynch and Rabbitt.
Noes - 0
Submitted by: William J. Lynch, Councilman District One
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 Roger F. Giraud, Director of Planning and Development, requesting that he start preparing now to petition the State to make Downtown Pawtucket an Enterprise Zone.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Pro Tempore Barry, Councilmembers Calista, Doyle, Kinder, William Lynch and Rabbitt.
Noes - 0
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Pro Tempore Barry, Councilmembers Calista, Doyle, Kinder, William Lynch and Rabbitt.
Noes - 0
Resolution of Support for 91-H6450 "AN ACT RELATING TO PROPERTY - LANDLORD TENANT."
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Pro Tempore Barry, Councilmembers Calista, Doyle, Kinder, William Lynch and Rabbitt.
Noes - 0
Submitted by: John Q. Calista, Jr., Councilman-at-Large
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Ordinance to require publication of questions to be submitted to voters.
Submitted by: Councilman J. Raymond Kinder
THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.
With majority consent of the Council, the following Motion made by Councilman William Lynch, seconded by Councilman Doyle, is passed on a unanimous voice vote:
Councilman Raymond Kinder is requested to prepare a Fiscal Note regarding the Ordinance Entitled "Ordinance to require publication of questions to be submitted to voters" in time for the meeting June 5, 1991.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Ordinance to Create a Local Composting Program.
THE CHAIR RECOGNIZES COUNCILMAN WILLIAM LYNCH.
With majority consent of the Council, the following Motion made by Councilman William Lynch, seconded by Councilman Doyle, is passed on a unanimous voice vote:
The Clerk is requesting to send a communication to Lou Simon, Acting Director of Public Works, requesting that he prepare the Fiscal Note regarding the Ordinance Entitled "Ordinance to Create a Local Composting Program" in time for the meeting June 5, 1991.
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Ordinance Establishing a Pay Plan for the City of Pawtucket and Repealing Chapter 2173.
Ordinance Fixing the Salaries of Heads of Departments and Other Officers of the City of Pawtucket and Repealing Chapter 2174.
The Annual Water Supply Board Operating Budget Ordinance 1991-1992.
SET PUBLIC HEARING TO BE HELD JUNE 4, 1991.
THE CHAIR RECOGNIZES COUNCILMAN CALISTA.
With majority consent of the Council, Councilman Calista introduces the following entitled ordinances.
Upon Motion made by Councilman Calista, seconded by Councilman Rabbitt, the following Ordinances are Laid on the Table and Referred to the Ordinance Committee on a unanimous voice vote:
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
St. Anthony’s Church for license to conduct Annual Feast Festival, at 25-27 Forest Avenue on Saturday, June 8, 1991, from 7:30 PM - 11:30 PM; Sunday, June 9, 1991, from 6:30 PM - 10:30 PM. LIC #M710.
St. Edward’s Church for license to conduct Carnival, at Church Parking Lot, Weeden Street, on June 18, from 6:00 pm - 10:00 pm., June 19, 20, 21, from 2:00 pm - 10:00 pm, on June 22, from 12:00 am - 10:00 pm, on June 23, from 12:00 am - 9:00 pm. LIC #712M
Rhode Island & Ethnic Heritage Festival for license to conduct a Festival in Slater Mill Grounds, Roosevelt Avenue, on Sunday, September 1, 1991, from 12:00 Noon - 7:00 PM. LIC #M711.
AUTOMOBILE REPAIR SHOP (Renewals)
Bloor Automotive Inc. d/b/a Speedy Muffler King, 1427 Newport Ave LIC #14
John A Ferreira d/b/a Ferreira’s & Brother, 116 Dickens St LIC #41
Lube 495 Inc (Jiffy Lube), 121 Newport Ave LIC #23
Paul J Roque d/b/a Paul’s Auto Repair, 500 Mineral Spring Ave LIC 101
INTELLIGENCE OFFICE (Renewal)
Kelly Services Inc., 52 Exchange St LIC #18
MOBILE FOOD VENDORS (NEW)
Anthony Baffoni, Res: 40 Cedar Pond Drive Warwick LIC#71
Palagi’s Ice Cream, Inc. Res: 55 Bacon Street, LIC #70
PINBALL & AMUSEMENT DEVICES (ALL RENEWALS)
Blarney Stone Pub Inc., 140 &146 Dexter St. (ONE) LIC#688
Cape Verdean American Lounge Inc., 17 Exchange St. (ONE) LIC#691
C M Teens Inc d/b/a Images, 44 East Avenue, LIC #690
Duffin’s Pub Inc., 215 Division St. (TWO) LIC#696
Surkont’s Inc. d/b/a Surkont’s Cafe, 140-142 Japonica St. (ONE) LIC#802
Swallow Club, 21 & 25 Kenyon Ave. (ONE) LIC#803
SECOND HAND SHOP LICENSE (RENEWAL)
Beaudette Brothers Inc., 1442 Newport Avenue, LIC #104
SUNDAY SALES (First Class) NEW
Downtown Pawtucket Improvement Association, Beginning at the Main Street Bridge to the Corner of Main & Dexter Streets; and on Roosevelt Avenue from the Corner of Main Street to Corner of Exchange Street. LIC #169.
SUNDAY SALES (Fifth Class) Renewal
Daniel R. Allen (Flower Peddler) RES: 30 Main St Cumberland LIC #144
SUNDAY SALES (Fifth Class) NEW
Palagi’s Ice Cream, Inc. Res: 55 Bacon Street, (has Mobile Food Vendor) LIC #41
***ALL LICENSES ARE SUBJECT TO THE PAYMENT OF ALL CITY TAXES.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Erika Forster - $1788.74/$2,148.45
Liberty Mutual Insurance Co (Stephanie Forgiel) - $474.61
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, the following Motion made by Councilman Rabbitt, seconded by Councilman Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Peter Lussier, Blackstone Valley Electric Company, regarding the property between Balbo Street and Dunnell Park in Pawtucket.
Councilman Rabbitt is concerned because of three fires which have occurred there recently. Councilman suggest to remove the brush from the property, and two, i to place stone on the property to prevent fires.
THE CHAIR RECOGNIZES COUNCILMAN KINDER.
With majority consent of the Council, Councilman Kinder introduces the following entitled communications:
Upon Motion made by Councilman Kinder, seconded by Councilman Calista, the following communications are Read and Ordered Filed:
Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Fiscal Year 1989 Expenditures)
Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Actual and Projected Revenue)
Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk. (Salary projection report)
Upon Motion made by Councilman Calista, seconded by Councilman Kinder, the meeting is adjourned at eleven forty seven o’clock p.m.