City Council, January 11, 1995
A regular session of the City Council is held Wednesday, January 11, 1995, at eight o’clock p.m. All the members are present except Councilor Hodge and President Barry presides.
The reading of the records of December 16, 1994, 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, ON OTHER ACTION TAKEN:
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Roland Mousally, Executive Director, Pawtucket Housing Authority and Fred Ihenacho, Director of Public Works, to ask that they keep the Council updated on the resolution of the grease problem at Galego Court, which caused the sewer backup and subsequent damage to the Annlyn Realty building.
The Council would like them to keep Mr. Joe King, President of Annlyn Realty, informed as well.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to prepare a resolution thanking Rae B. Condon for her years of service to the City as a member of the Advisory Commission on Ethics.
THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS
With majority consent of the Council, the following Motion made by Councilor Demopulos, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Representative Elaine Coderre, to forward the letter from Mike Burns, Traffic Engineer, regarding North Bend Street and Saunders Street for her review. The Council would like her to know that if she wishes to discuss this matter further, they will be willing to do so.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to William T. Noonan, Public Safety Director, to contact him about placing a crossing guard at Power Road and Nathanael Avenue. First Councilor Vieira would like to know if this is a designated spot for a crossing guard; and, if it is, he would like that spot covered with a temporary employee or a police officer until a fulltime crossing guard is hired for that spot.
If it is not a designated spot, Councilor Vieira is requesting that Mr. Noonan, consider making it so. Councilor Vieira has received several calls from parents concerned about the dangerous conditions at that intersection for their children.
Communication from David Horvitz, Vice-president, Horvitz Realty Corporation, to Council President John J. Barry, III. (Tax abatement at 345 Barton Street) is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE.
THE PROPERTY COMMITTEE RETURNS THE FOLLOWING PETITION WITH A RECOMMENDATION FOR APPROVAL AFTER A PUBLIC HEARING:
Speaking in favor is Michael Cassidy, Director of Planning and Redevelopment.
Mr. Cassidy states that Joel Moss from Narragansett Coated Paper and Robert Jackson from the Department of Economic Development are present to answer questions.
The are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the petition for abandoned of a portion of Evergreen Street, between York Avenue and the Industrial Highway (approximately 15,941 square feet) is APPROVED on a unanimous voice vote as follows:
Beginning at a point located at the northwesterly intersection of said Evergreen Street and York Avenue.
Thence southerly, bounded easterly by said York Avenue, a distance of forty and 34/100 (40.34) feet to the southwesterly intersection of said Evergreen Street and York Avenue.
Thence turning an interior angle of 97 -29’ -50" and running westerly along the southerly line of said Evergreen Street, a distance of three hundred ninety-four and 36/100 (394.36) feet to the southeasterly intersection of said Evergreen Street and East Pawtucket Industrial Drive.
Thence turning an interior angle of 94 -23’-30" and running northerly, bounded westerly by said East Pawtucket Industrial Drive, a distance of forty and 11/100 (40.11) feet to the northeasterly intersection of said Evergreen Street and East Pawtucket Industrial Drive.
Thence turning an interior angle of 85 -36’-30" and running easterly along the northerly line of said Evergreen Street, a distance of four hundred two and 70/100 (402.70) feet to the point or place of beginning.
The last course and the first course form an interior angle of 82 -30’-10" and the proposed abandonment of Evergreen Street contains 15,941 square feet of land ......
Which has ceased to be useful to the public and the same be and hereby IS ABANDONED, and that no damage is sustained by any abutting owner or other person by reason of such abandonment, and IT IS FURTHER ORDERED THAT THE CITY CLERK shall cause a notice thereof to be published in the Evening Times for three successive weeks and to cause to be served a further notice upon every owner of land abutting said portion of Evergreen Street which has been abandoned who is known to reside within the State. FURTHER, THE DIRECTOR OF PUBLIC WORKS shall cause a sign to be placed at each end of said portion of Evergreen Street herein ordered abandoned having thereon the words "NOT A PUBLIC HIGHWAY."
Communication from His Honor, Mayor Robert E. Metivier, submitting the following appointment as a member of the Ethics Commission FOR CONFIRMATION:
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ETHICS COMMISSION
James R. Harrington, III, 186 Daggett Avenue (to fill unexpired term of Rae B. Condon). Term expires the first Monday in July, 1997.
Communication from His Honor, Mayor Robert E. Metivier, submitting the following re-appointment as a member of the Water Supply Board FOR CONFIRMATION:
John A. Fram, 93 Glen Meadows Road. Term expires the first Monday in January, 1999 is Read and Ordered Filed.
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
WATER SUPPLY BOARD
John A. Fram, 93 Glen Meadows Road. Term expires the first Monday in January, 1999.
Gerald Quinn, 54 Chaplin Street. Term expires the first Monday in January, 2000 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
CITY PLANNING COMMISSION
Gerald Quinn, 54 Chaplin Street. Term expires the first Monday in January, 2000.
Communication from His Honor, Mayor Robert E. Metivier, submitting the following re-appointment as a member of the Personnel Board FOR CONFIRMATION:
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
PERSONNEL BOARD
Charles E. Kelley, 83 Dodge Street. Term expires the first Monday in January, 2000.
Communication from His Honor, Mayor Robert E. Metivier, submitting the following re-appointment as a member of the Purchasing Board FOR CONFIRMATION:
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
PURCHASING BOARD
Henry J. Kay, 91 Beechwood Avenue. Term expires the first Monday in January, 1998.
Communication from His Honor, Mayor Robert E. Metivier, submitting the following appointment as a member of the Public Buildings Authority FOR CONFIRMATION:
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
PUBLIC BUILDINGS AUTHORITY
James Murray, 212 Cottage Street. Term expires first Monday in January, 2000.
THE FOLLOWING RESOLUTION IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
Upon Motion made by Councilor Doyle, seconded by Councilors Kinder and Rabbitt, the following AMENDMENT to the Resolution entitled "RESOLUTION AUTHORIZING THE EXPENDITURE OF $1,000.000. FROM THE RESERVE FUND TO BE USED FOR FY 94 SCHOOL DEPARTMENT EXPENDITURES AND LATER REPLACING THE MONEY IN THE RESERVE FUND WITH DISTRESSED COMMUNITY AID", is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Change $1,000,000 to $1,249,461.97 in the last paragraph only of the resolution.
The following resolution is read and passed as AMENDED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENTS:
CHAPTER 2369 SHALL BE REPEALED AND REPLACED AS IS WITH THE FOLLOWING AMENDMENTS:
Section 3
(D) Add "which is owned by the applicant."
(J) Delete
Section 5
(A) Delete "Shall set forth a copy of the application upon which it was granted and:
(C) Change "Corporate" to "Commercial"; and Delete "(1) It is duly incorporated under Rhode Island Law and (2)"
Section 9 A (Add)
Change of Location
Each person licensed under this chapter may change his/her location only after approval by the City Council, subject to all requirements as set forth for a new license application. Fee for said change of location application shall be $25.
Section 17
Change "Monday through Friday" to "Monday through Saturday."
Section 18
Add (D)
"No person shall be permitted to remain stationary on any public street for a period exceeding 15 minutes.
Section 24
Add "Sections 18.1-80 thru 18.1-92 entitled "Article IX Mobile Prepared Food Vendors;" Section 18.1-7 entitled "Sunday Sales; hours of operation" regarding Fifth Class Sunday Sales Licenses only; and Section 18.1-3 entitled "Fee" eliminate $50 fee for Fifth Class Sunday Sales License."
Upon Motion made by Councilor Bray, seconded by Councilor Moran, the AMENDMENTS to the ordinance entitled "ORDINANCE IN AMENDMENT OF CHAPTER 2369 OF THE ORDINANCE OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED ‘HAWKERS AND PEDDLERS’ AS AMENDED." is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Abstains - Councilor Kinder.
CHAPTER 2369 SHALL BE REPEALED AND REPLACED AS IS WITH THE FOLLOWING AMENDMENTS:
Section 3
(D) Add "which is owned by the applicant."
(J) Delete
Section 5
(A) Delete "Shall set forth a copy of the application upon which it was granted and:
(C) Change "Corporate" to "Commercial"; and Delete "(1) It is duly incorporated under Rhode Island Law and (2)"
Section 9 A (Add)
Change of Location
Each person licensed under this chapter may change his/her location only after approval by the City Council, subject to all requirements as set forth for a new license application. Fee for said change of location application shall be $25.
Section 17
Change "Monday through Friday" to "Monday through Saturday."
Section 18
Add (D)
"No person shall be permitted to remain stationary on any public street for a period exceeding 15 minutes.
Section 24
Add "Sections 18.1-80 thru 18.1-92 entitled "Article IX Mobile Prepared Food Vendors;’ Section 18.1-7 entitled "Sunday Sales; hours of operation" regarding Fifth Class Sunday Sales Licenses only; and Section 18.1-3 entitled "Fee" eliminate $50 fee for Fifth Class Sunday Sales License."
The following Ordinance is read for the first time AS AMENDED and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Moran, Rabbitt and Vieira.
Noes - 0
Abstains - Councilor Kinder.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:
SECTION 2 CRITERIA
The following criteria shall be used for the selection of a designated employee smoking area (DESA) in each public building:
1. There shall be no more than one DESA per building unless a second area is needed as a reasonable accommodation under the Americans With Disabilities Act. For the purposes of this ordinance; City Hall, the Roosevelt Avenue Fire Station and the Roosevelt Avenue Police Station shall be considered three separate buildings.
2. The DESA shall not be in an area used by the public.
3. The DESA shall not be in an area where combustible materials are stored or where any vehicles or machinery which contain combustible materials are stored.
4. The DESA shall not be in a designated eating area.
5. The DESA shall not be in a restroom.
6. The DESA shall have some type of exhaust system which leads to the outside of the building.
Upon Motion made by Councilor Kinder, seconded by Councilor Bray and Vieira, the AMENDMENT to the ordinance entitled "AN ORDINANCE IN AMENDMENT OF CHAPTER 2351 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE PROHIBITING SMOKING IN PUBLIC BUILDINGS IN THE CITY OF PAWTUCKET, AS AMENDED." is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Abstains - Councilor Demopulos.
SECTION 2 CRITERIA
The following criteria shall be used for the selection of a designated employee smoking area (DESA) in each public building:
1. There shall be no more than one DESA per building unless a second area is needed as a reasonable accommodation under the Americans With Disabilities Act. For the purposes of this ordinance; City Hall, the Roosevelt Avenue Fire Station and the Roosevelt Avenue Police Station shall be considered three separate buildings.
2. The DESA shall not be in an area used by the public.
3. The DESA shall not be in an area where combustible materials are stored or where any vehicles or machinery which contain combustible materials are stored.
4. The DESA shall not be in a designated eating area.
5. The DESA shall not be in a restroom.
6. The DESA shall have some type of exhaust system which leads to the outside of the building.
The following Ordinance is read for the first time as AMENDED and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Abstains - Councilor Demopulos.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
ORDINANCE IN AMENDMENT OF CHAPTER 2325 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ENTITLED ‘JUVENILE HEARING BOARD.’"
THE FOLLOWING APPLICATIONS FOR LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD DECEMBER 7 and 16, 1994, AND ARE AGAIN TAKEN UP AND ARE AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
SECOND HAND SHOP LICENSE (NEW)
Norman K. James d/b/a Norm’s Hotel Liquidators, 297 Barton Street, LIC#40161
SUNDAY SALES (SECOND CLASS) NEW
Norman K. James d/b/a Norm’s Hotel Liquidators, 297 Barton Street, LIC#20237
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE::
BOWLING ALLEYS (RENEWAL)
Eugene J. Merola Inc., d/b/a Chip’s Bowlarama, 615 Pawtucket Avenue, (24 Bowling Alleys Weekdays and Sundays) LIC#1
ENTERTAINMENT
Petition of Pawtucket Red Sox Baseball Club Inc., for license to conduct athletic games (games or exhibitions of baseball) McCoy Stadium - Columbus Avenue, Sundays April 16, 30, May 14, 28, June 4, 18, 25, July 2, 23, 30, August 20, September 3, 10, 17, 24, 1995 LIC#948M
INTELLIGENCE OFFICE (RENEWAL)
Daniel S. Smith Inc. d/b/a Snelling & Snelling or Snelling Personnel Services, 225 East Avenue, (expires one year from date granted) LIC#5
POOL TABLE (RENEWALS)
342 East Avenue Inc d/b/a East Avenue Cafe, 344 East Avenue (1) Weekdays & Sundays LIC#G0001
Victoria P. Amaral d/b/a Indian Lounge (Narragansett Cafe) 435 York Ave & 190 Columbus Ave (1) Weekdays & Sundays LIC#G0002
Benefit Street Pub Inc., 433 1/2 Benefit St (1) Weekdays & Sundays LIC #G0004
Boulevard Billiard Club, 508 1/2 Armistice Blvd (10) Weekdays & Sundays LIC#G0005
C M Teens Inc. d/b/a Images, 44 East Ave. (4) Weekdays & Sundays LIC#G0007
Cape Verdean American Lounge Inc., 17 Exchange St (1) Weekdays & Sundays LIC#G0008
Carousel Sports Lounge Inc., 507 Armistice Blvd (3) Weekdays & Sundays LIC#G0030
Country Lounge Inc d/b/a Tommy’s Lounge, 99 India St (2) Weekdays & Sundays LIC#G0009
D & O Inc. d/b/a Hooligan’s, 520 Central Ave (2) Weekdays & Sundays LIC#G0031
DABD & AJD Inc. d/b/a The Home Plate, 602 Smithfield Ave. (1) Weekdays & Sundays LIC#G0035
Elias Dernikos d/b/a City Line Pizza & Restaurant, 592-594 Pawtucket Ave. (1) Weekdays & Sundays LIC#G0011
Geo’s Bar Inc. 945-947 Mineral Spring Ave. (1) Weekdays & Sundays LIC#G0012
Happy Hour Club, 404 Benefit St (1) Weekdays & Sundays LIC#G0013
Harry O’s Place Inc d/b/a Harry O’s Place 605-607 Broadway (1) Weekdays & Sundays LIC#G0014
Irish Social Club of RI, 89 Pawtucket Ave. (1) Weekdays & Sundays LIC#G0015
J.A.R. Beverage Inc. d/b/a Murray’s Pub, 1091 Main St. (1) Weekdays & Sundays LIC#G0033
Judge Kelley’s Inc d/b/a Kelley’s Corner Pub, 584 Smithfield Avenue (1) Weekdays & Sundays LIC#G0016
Lafayette Social Club Inc, 71-73 Benefit St (1) Weekdays & Sundays LIC#G0017
Latin Sports Inc. d/b/a Discotecca 2000, 327 Barton St. (2) Weekdays & Sundays LIC#G0034
Armindo J Marques d/b/a Boulevard Tap, 572 Armistice Blvd (1) Weekdays LIC#G0018
Maugus Corporation d/b/a The Ground Round, 2 George St (5) Weekdays & Sundays LIC#G0019
Peddlers Inn Inc. , 94 Middle St. (1) Weekdays & Sundays LIC#G0032
Rock’s Bar Inc, 684 Prospect St (1) Weekdays & Sundays LIC#G0020
Royal Antedeluvian Order of Buffaloes, 532 Lonsdale Ave (1) Weekdays & Sundays LIC#G0021
S & L Inc d/b/a Cafe Ordway, 3 Ordway St (1) Weekdays & Sundays LIC#G0022
South End Saloon Inc d/b/a The Corner Pocket, 569 Broadway (1) Weekdays & Sundays LIC#G0024
PUBLIC LAUNDRY (NEW)
Distinctive Cleaners Inc. d/b/a Distinctive Cleaners, (previously Boris Bergus d/b/a Bo’s Dry Cleaning & Mail Services) 666 School Street, LIC#A0044
SUNDAY SALES (SECOND CLASS) NEW
Beau Video Ltd. d/b/a Beau Video, 171 Pawtucket Avenue (A) LIC#20242
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Blackstone Valley Electric Company - 1,408.80
John M. Goddu - $100,000
Donna M. Hudon - $938.91
Edward Lachut - $969.81/1,020.39/1,344.66
Lisa Lamb, Robert Lamb, Patrick St. Don & unborn child - $750,000
Russet Associates, Inc. - $10,800
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 John Lendvai, Agency Auto Sales, John J. Cillie, President, Agency Auto Sales, George Gardiner and Jean Fonseca, to inform them that Councilor Rabbitt will be holding a neighborhood meeting to discuss concerns of the neighbors regarding Agency Auto Sales, including violations of the stipulations on the license.
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 Michael D. Cassidy, Director of Planning and Redevelopment and Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, to forward a letter regarding 520 Newport Avenue, and ask that they respond for the next Council meeting.
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 Michael D. Cassidy, Director of Planning and Redevelopment; Fred Ihenacho, Director of Public Works and William Mulholland, Director of Parks & Recreation, to forward letters from Save the Park for their response.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion by Councilor Doyle, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, requesting that he contact Antonio Calabro regarding his claim which was referred to the Legal Department.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Burns, Traffic Engineer, to ask if the City has any "No littering" signs at this time. If it does, he is asking if a program can be implemented to install them around the City.
Councilor Vieira states that he will be willing to submit any ordinances necessary regarding littering.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion by Councilor Vieira, seconded by Councilor Kinder, is passed on a voice vote:
The Clerk is instructed to send a communication to Ferdinand A. Ihenacho, Director of Public Works, to inform him that Councilor Vieira has gotten some complaints regarding littering by some sanitation workers when they are making their rounds.
Councilor Rabbitt votes "No".
THE CHAIR RECOGNIZES COUNCILOR BARRY
With majority consent of the Council, the following Motion by Councilor Barry, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to All Directors and Department Heads, who place advertisements and notices in local newspapers.
The Council would like those Directors and Department Heads to look into placing adds in the local non-English speaking newspapers as well as the Times and/or Journal.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder the following meeting is adjourned at eight fifty-two o’clock p.m.