City Council, August 5, 1992.
A regular session of the City Council is held Wednesday, August 5, 1992, at eight two o’clock p.m. All the members are present and President Barry presides.
THE COUNCIL RECESSES AT 8:04 P.M. TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT 8:20 P.M.
The reading of the records of July 22, 1992, are dispensed with and the records are approved as prepared by the Clerk.
Upon Motion made by Councilor Vieira, seconded by Councilor 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 COUNCILOR CALISTA.
With majority consent of the Council the following Motion made by Councilor Calista, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Ferdinand C. Ihenacho, Director of Public Works, regarding the City’s composting program. The Council would like to know if he agrees with the requirements for the number of bags needed and the cost to the City for procuring these bags.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, regarding the Attleboro/Pawtucket Savings Bank and their low interest loans being offered to businesses who were affected by the State Department of Transportation construction of Main Street. The Council would like him to inquire if this program can be extended to those businesses adversely affected by the water crisis.
Petition for AUTO REPAIR SHOP LICENSE of Jeovany Calero and Abel A. Fuerte d/b/a J & J Auto Repair, 511 Broadway, (previous owner Antonio & Maria Garcia d/b/a Domenican Auto Repair) Tax Assessor’s Plat 8, Lot 187, to keep a shop for the purpose of repairing automobiles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is the applicant Jeovany Calero, 89 Wisdon Avenue, Providence, RI.
Mr. Calero states that the owner of the property allows parking of eight cars on the lot, and there is no need to park on the street.
Mr. Calero states that this is his first time in this business. He worked for Scarpetti Oldsmobile as their mechanic. There are two employees including him.
There are no other speakers.
The hearing is closed.
Upon Motion made by Councilor Doyle, seconded by Councilor Kinder, the petition for AUTO REPAIR SHOP LICENSE is GRANTED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE of Jeovany Calero and Abel A. Fuerte d/b/a J & J Auto Repair, 511 Broadway, (previous owner Antonio & Maria Garcia d/b/a Domenican Auto Repair) Tax Assessor’s Plat 8, Lot 187, to keep a shop for the purpose of repairing automobiles. LIC #30127
Petition for SECOND HAND SHOP AND AUTO REPAIR SHOP LICENSE of Julio Martinez d/b/a J & J Auto Sales, 540 Weeden Street, (previous owner Antonio Fonseca d/b/a Fonseca’s Auto Sales & Repair) Tax Assessor’s Plat 48, Lot 256, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repair same, which was advertised for a hearing at this time, is taken up:
Speaking in opposition is Albert P. Vanherpe, 547 Weeden Street, Pawtucket, RI.
Mr. Vanherpe states that he owns the property across the street and is concerned about parking on his property. Mr. Vanherpe wants a stipulation against parking on his property. He spent $500 to repair the fence on his property caused by people illegally parking there.
Speaking in opposition is Joseph DaCosta, 534 Weeden Street, Pawtucket, RI.
Mr. DaCosta states that he is also concerned about parking. He states that there are several businesses operating in this building. Mr. DaCosta wants a stipulation to prevent Auto Body Work at this location.
Speaking in opposition is Ms. Laura Cordeiro, 526 Weeden Street, Pawtucket, RI.
Ms. Cordeiro has the same concerns as Mr. DaCosta. Also, she was forced to call the police for noise, drinking, and illegal gatherings.
She states that people are doing Auto Body Painting at this location; there are no restrooms; there are traffic problems, parking of cars on the sidewalk and work being done until 10 - 11 pm. She opposes the license altogether. She states that the business was closed by the Police.
Speaking in opposition is Antonio S. Fonseca, 84 Austin Avenue, Greenville, RI.
Mr. Fonseca states that most of what he has heard from abutters is true. He is trying to correct the problems. The license holder, who was his father, died and his mother now controls the license.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Vieira, seconded by councilor Kinder, the petition is LAID ON THE TABLE on a unanimous voice vote:
Petition for SECOND HAND SHOP AND AUTO REPAIR SHOP LICENSE of Julio Martinez d/b/a J & J Auto Sales, 540 Weeden Street, (previous owner Antonio Fonseca d/b/a Fonseca’s Auto Sales & Repair) Tax Assessor’s Plat 48, Lot 256, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, and repair same. LIC #40071, #30128
COUNCILOR VIEIRA LEAVES AT 8:52 PM.
The following Resolution is Read and Passed on a Roll Call Vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran and Rabbitt.
Noes - 0
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Clement is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, regarding the statement from Gloria Grzebien which was made at the Public Input Period at this meeting. The Council would like his comments on her statement, especially regarding the use of in-house personnel for inspection services of the Slater Park Projects.
COUNCILOR VIEIRA RETURNS AT 8:55 PM.
The following Resolution is Read and Passed on a Roll Call Vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AT THE MEETING HELD JULY 22, 1992, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS. (AS AMENDED)
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, Esq., City Solicitor, requesting that the legal opinion on an ordinance entitled "ORDINANCE RELATING TO ALCOHOL TRAINING CERTIFICATION FOR LIQUOR LICENSE HOLDERS, AS AMENDED" be ready in time for the meeting on August 19, 1992.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Upon Motion made by Councilor Bray, seconded by Councilor Calsita, the following communication is Read and Ordered Filed.
Communication from Mayor Robert E. Metivier, to Members of the Pawtucket City Council. (State of Disaster Resolution)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following entitled resolution:
Ùpon Motion made by Councilor Bray, seconded by Councilor Calista, the following Resolution is Read and Passed on a Roll Call Vote as follows:
Ayes - President Barry, Councilor Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
RESOLUTION DECLARING A STATE OF DISASTER FOR THE CITY OF PAWTUCKET.
The following Ordinance is read for the second time, and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
COUNCILOR DOYLE LEAVES AT 9:03 PM.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following entitled resolution:
Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the following resolution is read and passed on a roll call vote as follows:
Ayes - President Barry, Councilors Bray, Calista, Clement, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Raymond W. Houle, Jr., Director of Administration, regarding the resolution and escrow agreement between the City of Pawtucket and Bristol Place Limited Partnership.
The Council is requesting that he provide the City’s portion of the funding for this light from the P.A.R.E. Program funds and then instruct Mike Burns to install the left turn signal at Newport Avenue and Cottage Street as soon as possible. The Council is also requesting that he forward the original and two copies of the agreement to Jack Rahill for his signature and then to the Law Office for final disposition of the agreement.
COUNCILOR DOYLE RETURNS 9:06 PM.
COUNCILOR BRAY LEAVES AT 9:08 PM.
The following Ordinance is read for the second time, and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
COUNCILOR BRAY RETURNS AT 9:13 PM.
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
A. ORDINANCE IN AMENDMENT OF CHAPTER 2259 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET." (Assistant to City Engineer)
B. ORDINANCE IN AMENDMENT OF SECTION 28–14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET. (Obstructing Sidewalks, etc. - Generally)
C. ORDINANCE ENTITLED "PENALTIES FOR VIOLATIONS OF ILLEGAL PARKING WITHIN EIGHT FEET OF FIRE HYDRANTS."
D. ORDINANCE ENTITLED "PROHIBITION ON BILLBOARDS AND SIGNS CONTAINING COMMERCIAL ADVERTISEMENT FOR THE SALE OF TOBACCO PRODUCTS AND ON THE SALE OF TOBACCO PRODUCTS ON PROPERTY OWNED BY THE CITY OF PAWTUCKET."
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD JULY 22, 1992, AND IS AGAIN TAKEN UP AND IS WITHDRAWN WITHOUT PREJUDICE ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS) NEW
Benefit Street Pub Inc., 433 1/2 Benefit Street, LIC#258
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT:
Pawtucket Octoberfest Committee Inc., for license to conduct the Octoberfest Festival on Roosevelt Avenue, Slater Mill Parking Lot and Downtown Area on Saturday October 3, 1992 from 10 AM - 7 PM; Sunday October 4, 1992 10 AM - 7 PM. LIC #793M
Providence County Kennel Club Inc., for license to conduct the Annual Sanction Dog Match in McCoy Stadium Annex, on Monday, September 7, 1992, from 7 AM - 6 PM. LIC #792M
Victoria Amaral d/b/a Indian Lounge (Narragansett Cafe) for license to conduct an Outdoor Barbecue in the Parking Lot at 190 Columbus Avenue, on Sunday, August 23, 1992, from 2 PM - 6 PM. LIC #794M
RI Labor & Ethnic Heritage Festival, for license to conduct a Festival in the Slater Mill Grounds on Roosevelt Avenue on Sunday, September 6, 1992, from 12 Noon - 6 PM. (If rain, event will be held at Jenks Junior High School) LIC #795M.
Christopher Fox & William J. Matsinger for license to conduct a Theatrical Performance ("So There It Is!") in the Veterans Amphitheater, Roosevelt Avenue on Friday, Sept. 4th at 8 PM; Saturday, Sept. 5th at 8 PM; Sunday, Sept. 6th at 2 PM. LIC#797M
BINGO - YEARLY (RENEWAL)
Congregation Ohawe Sholam, 345 Barton Street - WEDNESDAYS 7 PM - 11 PM LIC #C0002
CARNIVAL -
**St. Teresa’s Church, to conduct Annual Parish Carnival on Church Grounds, 358 Newport Avenue on Friday, September 18th from 6:00 PM - 10:00 PM; Saturday, September 19th from 12:00 Noon - 10:00 PM; Sunday, September 20th, from 12:30 PM - 5:30 PM. LIC #796M
**STIPULATION
1. One side parking only on Williston Way.
2. Responsible to have EITHER the detail police officer, or the auxiliary police enforce one side parking on Williston Way, EVERY 15 minutes.
FLEA MARKET (RENEWAL)
**Jean B. Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market, 360 Broad Street
**STIPULATION
1. A police officer or security guard will be placed on either the inside or outside, or both, if determined to be needed by the City Council.
2. There shall be no vendors on the outside of the building and all selling shall be restricted to the interior of the premises.
PIGEON LOFT (RENEWAL)
Petros Zervas, 27 Harrison St LIC #D0008
SUNDAY SALES (Second Class) NEW
Family Dollar Stores Inc., 320 Dexter Street LIC #20089
SUNDAY SALES (Fifth Class) RENEWAL
BBS Refreshments Inc d/b/a Del’s Lemonade, 2050 Warwick Avenue, Warwick RI. LIC #20136
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Eunice Barton, Cathy Dorrance & Barbara Swann - $601.37
Lester Marroquin - NO AMOUNT SPECIFIED.
Carol Paine - $529.69/$361.18
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilor Bray, Calista, Clement, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Claim of Steven Boucher, in the amount of 128.00
Claim of Quincy Mutual Fire Insurance Company/Fred Howarth - $15.00
Claim of Lawrence Bento, in the amount of $550.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT:
Claim of Lynn Miller, by Attorney Raymond P. Cooney in the amount of $750,000
Claim of Recovery Services International, Inc./Lynn Miller - No amount specified.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE RECOMMENDED TO BE DENIED - CLAIMANT TO CONTACT THE WATER SUPPLY BOARD:
Claim of Theresa A. LeBlue in the amount of $74.00
Claim of Joseph Silva in the amount of $2,522.26
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE RECOMMENDED TO BE DENIED:
Claim of Eleanore Flaherty in the amount of $29.00
Claim of Patrick Wirth, by Attorney Eva Marie Mancuso, in the amount of $25,000.00
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Robert E. Metivier, requesting a response on the use of Dunnell Park.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Daniel P. Fanning, Executive Director of the Rhode Island Department of Transportation, regarding the Maintenance Plan the Department has for the Northern part of Route 95.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Robert E. Metivier, to ask why the City is paying police officers and firefighters time and one half to man the "water hot line," instead of using volunteers or others who would cost the City less money.
Also, the Council wants to know if the cost of using these police and firefighters is being billed to the Pawtucket Water Supply Board.
THE CHAIR RECOGNIZES COUNCILOR KINDER.
With majority consent of the Council, the following Motion made by Councilor Kinder, seconded by Councilor Bray, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John W. Tomlinson, Chief of Police, requesting that he have placed on Division Street, Pleasant Street, and Alfred Stone Road, officers working the P.A.R.E. Program during the third shift because of speeding problems in that area.
Also, the Council would like him to place the "truck squad" on Division Street during the third shift because of the great number of tractor trailer trucks using that road during that time.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Robert J. Uyttebroek, requesting that he attend a pre-council session of the Pawtucket City Council, scheduled for Wednesday, August 5, 1992, to discuss the duties and responsibilities of your position as City Council Fiscal Advisor.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to contact Mike Burns, Traffic Engineer, to request that he contact the residents on Williston Way regarding the placement of sawhorses to restrict parking during St. Teresa’s Carnival.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine thirty two o’clock p.m.