City Council, September 6, 1995
A regular session of the City Council is held Wednesday, September 6, 1995, at eight two O’clock p.m. All the members are present and President Barry presides.
THE CHAIR RECOGNIZES GOVERNOR LINCOLN ALMOND TO ADDRESS THE CITY COUNCIL REGARDING THE PROVIDENCE PLACE MALL.
Governor Almond submits a package which is made a part of the record.
Governor Almond states that he has worked this past year to reorganize the Rhode Island Department of Economic Development to help bring new businesses into the State of Rhode Island. He believes that an investment in Rhode Island will yield jobs in Rhode Island. He believes that if jobs come to Pawtucket, it helps Lincoln; and if jobs come to Lincoln, it helps Pawtucket.
The Governor states that his greatest burden as Governor is to move the economy of Rhode Island. He has spent seven months working to resolve the mall issue. He states that he has removed all the state’s risk and all public bonding in the new proposal on the Mall. He believes the mall will produce 2100 construction jobs, and 1100 - 1500 new jobs, after construction is completed.
He states that if there is no change to the current contract, which was agreed to by former Governor Sundlun, then the State will have to use $8.6 Million per year for 20 years in federal highway funds, whether the mall succeeds or not. The State cannot afford to do this. He believes that if mall jobs come from taking money from the highway funds, then that will cost the State many construction jobs.
He states that under the new contract, the state will be investing $6,000,000 per year without the use of bonds for a parking garage; and if the mall fails, the State pays nothing. The State does not have to build the garage. After 20 years, the State can purchase the garage if it wants to for $1 or get a 99 year lease for the garage.
He believes it is important for the State to become competitive. This mall would bring in a private investment of $350,000,000 and would cost only $120,000,000 over 20 years to the State, which in present dollars is only $51,000,000.
He believes that northern and western Rhode Island have no place to shop. The Lincoln Mall is very small and does not meet their needs.
He states that the State has lost 1.5% in department store sales over the last five years, and $340,000,000 have been lost this year alone. He does not believe we can rely on what we have today to regain the jobs in sales we have lost.
Governor Almond quotes a study done on the mall by HSG/Gould Associates, which says under a worst case scenario the State should recapture 15% of lost sales, which would bring in $133,000,000 over 20 years. He believes this investment is critical to Rhode Island and he is convinced that he has taken the risk to the state out of the new contract.
He is unsure whether this new mall will help business at the convention center, but he is convinced it will enhance the value of the Westin Hotel, which the State owns.
He states that the Gould Study says that Rhode Island is underserved on a basis of square foot per capita of retail space. He also believes that it is extremely expensive to build a mall in an inner city and it has not been done throughout this country without some kind of government assistance. He believes that if the plan is rejected, it will send the wrong message to the business community.
Also speaking on this matter is Marcel Valois, Director of the Department of Economic Development.
Mr. Valois states that the opponents to the mall have been using fear tactics by saying that this project is no different than the Westin Hotel and the Convention Center. He believes there is a major difference between this project and those projects because both of those projects were publicly financed; the State paid for everything. He states that the mall is a private project and if it fails, the State is not at risk.
He states that if this contract is not approved, then we may be under obligation of the old contract signed by former Governor Sundlun, and that we would have to litigate the old contract to get out of it. If we do not get out of it, the State has an exposure of more than $20 million dollars.
Upon questioning by Councilor Doyle, Governor Almond states that if the $20 million dollars exposure did not exist, he would still support the project because of the private investment.
Councilor Doyle states that he is concerned about the impact on Apex if the mall is approved.
Governor Almond responds that the Gould study says that there is a probable impact of 12% for a few years on surrounding stores, then they will come back. Apex will need to become more competitive.
THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.
With majority consent of the Council, the following motion made by Councilor Demopulos, seconded by Councilor Bray, to RESCIND the resolution entitled "RESOLUTION IN OPPOSITION TO THE ISSUANCE OF ANY PUBLIC SUBSIDY FOR THE PROVIDENCE PLACE SHOPPING MALL," approved by the Council on June 7, 1995, is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Hodge, Moran, Rabbitt and Vieira.
Noes - Councilors Doyle and Kinder.
THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.
With majority consent of the Council, Councilor Demopulos introduces the following resolution:
Upon Motion made by Councilor Demopulos, seconded by Councilor Bray, the following resolution is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Hodge, Moran, Rabbitt and Vieira.
Noes - Councilors Doyle and Kinder.
THE COUNCIL RECESSES AT 9:09 PM.
THE COUNCIL RECONVENES AT 9:17 PM.
The reading of the records of August 23, 1995, is 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:
C. Communication from Governor Lincoln Almond, to the City of Pawtucket. (Providence Place Mall)
Robin W. Hargrave, 86 Armistice Boulevard. Term expires the first Monday in February, 1998 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, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
HISTORIC DISTRICT COMMISSION
Robin W. Hargrave, 86 Armistice Boulevard. Term expires the first Monday in February, 1998.
Communication from His Honor Mayor Robert E. Metivier, submitting the following appointment as a member of the Public Library Board of Trustees 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, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
PUBLIC LIBRARY BOARD OF TRUSTEES
Robert J. Robin, 79 Capital Street. (to fill the unexpired term of Edward J. Creamer) Term expires the first Monday in January, 1998.
Frederick R. Love, 25 Belmont Street. Term expires first Monday in February, 1998 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, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
HISTORIC DISTRICT COMMISSION
Frederick R. Love, 25 Belmont Street. Term expires first Monday in February, 1998.
Communication from His Honor Mayor Robert E. Metivier, submitting the following reappointment as a member of the Historic District 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, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
HISTORIC DISTRICT COMMISSION
Dr. John Worsley, 33 Nottingham Way. Term expires first Monday in February, 1998.
Petition from Mary C. Hanley, E/P Manager - Right of Way, New England Telephone Company, to Richard J. Goldstein, City Clerk. (Charlton Street - pole and anchor location) is LAID ON THE TABLE on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following Motion made by Councilor Hodge, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, requesting that he provide a certified copy of the minutes of the Zoning Board hearing regarding the NYNEX communications tower, to the residents of Bishops Bend who opposed the request.
The Council would like Mr. Rendine to provide it as soon as possible so that they may use it in their appeal to the Superior Court of the Zoning Board’s decision.
Petition for AUTO REPAIR SHOP LICENSE of 3ms Inc d/b/a Meineke Discount Mufflers (previous owner Allou Inc.) 36 Newport Avenue, Tax Assessor’s Plat 40, Lot 805, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Mark McNulty, 133 Coburn Woods, Nashua, N.H.
Mr. McNulty owns a auto business in Massachusetts. He will be operating the business and will be moving to Rhode Island.
There will be no auto sales. They will be working on brakes, shocks, struts, but there will be no engine repairs.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following petition is GRANTED with stipulations on a unanimous voice vote:
*STIPULATIONS.
1. No sale of used parts or auto sales.
2. No engine repairs.
Petition for AUTO REPAIR SHOP LICENSE of 3ms Inc d/b/a Meineke Discount Mufflers (previous owner Allou Inc.) 36 Newport Avenue, Tax Assessor’s Plat 40, Lot 805, to keep a shop for repairing automobiles. LIC#30191
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Coastal Collision & Towing Inc., d/b/a Coastal Auto Sales, 277 West Avenue, Tax Assessor’s Plat 55, Lots 262 & 457, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically, used automobiles, which was advertised for a hearing at this time, are taken up:
Speaking in favor is Jimmy Martins, 149 Columbia Avenue, Pawtucket, RI.
Mr. Martins states that he has an auto body shop there now. He will be selling used autos, mostly wholesale. There will be no change in hours. He will have two new employees.
Speaking in favor is Robert Venturini, 33 Sherman Street, Pawtucket, RI.
Mr. Venturini states that this business will be good for the area and the City. He states that Mr. Martins is very conscientious. His place is very clean and well run.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Bray, seconded by Councilor Rabbitt, the following petitions are GRANTED on a unanimous voice vote:
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Coastal Collision & Towing Inc., d/b/a Coastal Auto Sales, 277 West Avenue, Tax Assessor’s Plat 55, Lots 262 & 457, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically, used automobiles. LIC#30189 & #40185
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Albino Ferreira d/b/a Division Street Auto Sales & Service, 10 Balch Street, Tax Assessor’s Plat 28, Lot 144, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically, second hand automobiles & parts, which was advertised for a hearing at this time, are taken up:
Speaking in favor is Donna Nesselbush, Attorney for applicant, 181 Raleigh Avenue, Pawtucket, RI.
Ms. Nesselbush states that Mr. Ferreira will have an auto repair center and auto sales.
She states that the applicant has lived in Pawtucket for 26 years. He is a factory trained mechanic for 20 years. He will put asphalt down and plant shrubs to beautify the area. All work will be done in the 60X60 building, with no parking on the street.
Speaking in favor is Albino Ferreira, 34 Beechwood Avenue, Pawtucket, RI.
Mr. Ferreira states that he won’t sell used parts, there will be no auto body work. There will be no guard dog. All the work will be done inside the garage. He will put in an exhaust fan to prevent fumes from bothering the neighbors.
Speaking in opposition is William Joseph Hamel, 32 Balch Street, Pawtucket, RI.
Mr. Hamel states that there are four auto shops on that street already. He gets auto exhaust in his house. He is concerned about oil spilling in his well, which is right next to the garage’s fence.
Speaking in opposition is William Busald, 47 Balch Street, Pawtucket, RI.
Mr. Busald states that he wants the asphalt banked so the rain doesn’t spill into Mr. Hamel’s well.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following petitions are GRANTED with stipulations on a unanimous voice vote:
STIPULATIONS.
1. All work shall be done inside garage.
2. No guard dogs.
3. No body work or painting.
4. The exhaust is to be vented through the roof.
5. No sales of auto pars.
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Albino Ferreira d/b/a Division Street Auto Sales & Service, 10 Balch Street, Tax Assessor’s Plat 28, Lot 144, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically, second hand automobiles & parts. LIC#30188 #40184
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Prime Auto Brokers Inc., 347 Broadway, (previously 888 Central Avenue) Tax Assessor’s Plat #20, Lot #528, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically, used automobiles, which was advertised for a hearing at this time, are taken up:
Speaking in favor is Farrel Jaffa, 178 Concord Avenue, Cranston, RI.
Mr. Jaffa states that he is moving his business from Central Avenue because the landlord is using the property for other purposes. There will be no spray painting. It will be the same operation.
Speaking in favor is Alan Pine, 9 Lisa Ann Court, Greenwich, RI.
Mr. Pine states that he owns this property. He believes that the neighborhood will benefit, and the lot is kept well lit.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Moran, seconded by Councilor Hodge, the following petitions are GRANTED on a unanimous voice vote:
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Prime Auto Brokers Inc., 347 Broadway, (previously 888 Central Avenue) Tax Assessor’s Plat #20, Lot #528, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically, used automobiles. LIC#30190 #40186
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following communication:
Upon Motion made by Council Doyle, seconded by Councilor Kinder, the following communication is READ AND ORDERED FILED.
Prepared comments from Bob Berwick, regarding the Providence Place Mall.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
Abstains - Councilor Hodge.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
THE CHAIR RECOGNIZES COUNCILOR MORAN.
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 Albertino Vicente, Affirmative Action Coordinator and to Jack Gannon, City Solicitor, to ask for a status report on the Affirmative Action Plan for the City.
Specifically, the Council would like to know why the signing of the agreement has been held up; and, when it is expected to be signed and implemented.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Bray, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Richard E. DeLyon, Chief of Police, asking why the Juvenile Curfew was not implemented after passage, when it is expected to be implemented; and, how long after it is implemented he feels would be enough time to provide a report to the Council on the results of the implementation.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Bray, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jack Rahill, Finance Director; Mike Cassidy, Director of Planning and Redevelopment; and David Quinn, Tax Assessor, to ask if there is any way it can gauge the financial impact, either positive of negative, that the Registry of Motor Vehicles has had on the City of Pawtucket.
If it can, the Council would like to know what that impact is.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
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 Bruce Young, Director of Division of Collections and Disbursements, regarding his letter dated July 11, 1995, to the Council stating that he would be meeting with the Pawtucket Credit Union regarding setting up a system for monthly payments of auto taxes.
The Council would like to know if he has had that meeting yet, and if not, when he plans to have it. If he has met, the Council would like to know the results of the meeting.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
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 Ronald J. Leitao, Acting Director, Department of Public Works, regarding his letter to the Council stating that there were crews out picking weeds throughout the City.
The Council would like to know where those crews were working during the summer, and what his plans are for next spring to insure we don’t have another problem with weeds.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
Abstains - Councilor Rabbitt.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
THE FINANCE COMMITTEE RETURNS THE FOLLOWING BIDS FOR THE ACTUARIAL STUDY OF THE POLICE AND FIREFIGHTERS PENSION PLANS WHICH ARE READ AND ORDERED FILED:
1. The Angell Pension Group, Inc. $15,000 + $125 per hour for additional consulting services.
2. The Segal Company (Eastern States) Inc. $12,500 + $500 for a one year update.
3. Watson Wyatt Worldwide $9,900 + $500 if separate results are required.
4. Coopers & Lybrand LLP $9,500 + $500 for a one year update.
5. KPMG Peat Marwick LLP $7,000 if the data is available or easily accessible or $8,000 if there are problems with data access.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communications:
Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the following communications are READ AND ORDERED FIELD.
Communication from Henry Ogbeide, to Members of the City Council. (Request for name change on license)
Communication from Richard E. DeLyon, Chief of Police, to the Members of the Pawtucket City Council. (Approval of license)
THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 9, 1995, AND IS AGAIN TAKEN UP AND IS GRANTED, AS AMENDED, UPON APPROVAL BY THE DIRECTOR OF ZONING AND CODE ENFORCEMENT:
SECOND HAND SHOP LICENSE
Josephine Ogbeide d/b/a Phine International, 919 Main Street. LIC# 40181
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the following communication is READ AND ORDERED FILED.
Communication from John T. Gannon, City Solicitor, to Council President John J. Barry, III. (Cost of the legal services provided by the City’s Law Department)
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT -
Pawtucket Jaycees - to conduct the Octoberfest, on all of Roosevelt Ave., all of Exchange St., all of Main St., and all of High St., on Saturday, September 30, 1995; Sunday, October 1, 1995, from 10 AM - 7 PM. LIC#M841
PIGEON LOFT (RENEWAL)
James Luiz, 163 Division Street, LIC#D0003
Filomina Sousa, 9 Winter Street, LIC#D0007
THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS) NEW
Bob Tsapanidis d/b/a Classic Restaurant, 196 Division Street, LIC#378
*CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Patrick C. Brown - $410.37/885.01
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following Motion made by Councilor Hodge, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Richard E. DeLyon, Chief of Police, requesting that he step up patrols in the cemeteries throughout the City, to try to alleviate the vandalism which has plagued the City recently.
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 Burns, Traffic Engineer, Public Works Center, to ask for a traffic count on Littlefield Street, from July 21, 1995. As he may recall, this is in light of the concerns residents on that street had with the expanding of the Citizens Bank.
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 Richard E. DeLoyn, Chief of Police, requesting the number of citations that were handed out on Littlefield Street since July 21, 1995.
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 Barry Toothaker, Executive Vice President, Citizens Bank, to ask what steps have been taken by Citizens Bank to prevent the illegal left turn out of the bank parking lot into Littlefield Street in Pawtucket.
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 send a communication to Richard E. DeLyon, Chief of Police, requesting that he reinstate the radar patrol on Daggett Avenue, between 11:00 p.m. and 2:00 a.m., due to complaints Councilor Doyle has received of speeding cars on that street.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at ten thirty-four o’clock p.m.