City Council, August 11, 1999
A regular session of the Pawtucket City Council is held Wednesday, August 11, 1999, at eight twenty-seven o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
Absent – 0.
President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A FORMAL HEARING ON THE FOLLOWING:
WALNUT HILL CEMETERY
THE COUNCIL RECONVENES AT EIGHT FIFTY-ONE O’CLOCK P.M.
The reading of the records of July 21, 1999, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Bray, seconded by Councilor Grebien, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, the following motion made by Councilor Hoyas, seconded by Councilor Carr, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John E. Carney, Director of Public Works, requesting that three (3) “Handicap Parking” spaces be provided within the Historic Core of Slater Park, specifically in the Boat House area, to accommodate people with limited mobility.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following entitled communication:
Communication from Carolyn J. Tedino, Council President, City of Attleboro, to David Moran, City Councilor, City of Pawtucket. (Legal opinion - Waste Management’s Bid to purchase the Pascale Block property on Rice Street)
Upon motion made by Councilor Moran, seconded by Councilor Carr, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to prepare a resolution opposing the transfer station at the Pascale Block Company, to be signed by the entire City Council, in time for the next meeting of the City Council, scheduled for August 25, 1999.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch, City Solicitor, requesting a legal opinion regarding questions the Council has, concerning Cottage Street in the City of Pawtucket, as follows:
1. Is Cottage Street a city owned or state owned street?
2. Can the city prohibit trucking traffic on Cottage Street?
3. Can the city limit the traffic on Cottage Street?
4. Can the city limit/restrict the tonnage on Cottage Street?
5. Can the city close Cottage Street at the Pawtucket line?
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Pamela Callahan, Chief Engineer, Pawtucket Water Supply Board, requesting a report on if excessive trucking traffic, due to the possibility of a transfer station at the former Pascale Block site, would place undo stress on existing water pipes running under our City streets.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, Councilor Hoyas introduces the following communication:
Communication from Frank J. Milos, Jr., Assistant City Solicitor, to Janice M. LaPorte, CMC, City Clerk. (Opinion regarding City Council issuing its opinion to the Zoning Board of Review)
Upon motion made by Councilor Hoyas, seconded by Councilor Hodge, the following Communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, the following motion made by Councilor Hoyas, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank J. Milos, Jr., Assistant City Solicitor, requesting that he obtain an advisory opinion from the Rhode Island Ethics Commission regarding the City Council’s authority to issue an opinion to the Zoning Board of Review.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, the following motion made by Councilor Hoyas, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to notify Manuel J. Amaral of a Show Cause Hearing for Manny’s Service Center, Inc., 645 Armistice Blvd. on September 8, 1999, at 8:00 p.m., to answer questions regarding Zoning violations.
Communication from John J. Partridge, Partridge, Snow, & Hahn, LLP, to the Honorable, Mayor James E. Doyle, requesting a tax treaty for Mirror Image, Inc., and Exchange Place, LLC, is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.
Communication from Tom Marion, Peter J. Sangermano Construction, Inc., Stor-All Self Storage, to John Barry, President, Pawtucket City Council, requesting an Easement Exchange between the City of Pawtucket and Stor-All Self Storage, is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE, CITY PLANNING COMMISSION, AND THE DEPARTMENT OF PUBLIC WORKS.
Petition for an Auto Repair Shop and Second Hand Shop License (Class A & B) of Tom Subaru Incorporated (previously E P Fournier & Co., Inc., d/b/a Fournier Jeep/Eagle) 939 Newport Avenue, Plat 16, Lots 29, 30, 31, 205, 332, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used vehicles and parts, LIC# 30245, 40255, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Tom Eysie, 53 Concord Avenue, Norwood, MA.
Mr. Eysie states that his license for selling new cars has been approved by the RI Auto Dealers Commission, and he needs the approval of the Pawtucket City Council to open his business for selling used automobiles and for repairing automobiles.
Councilor Wildenhain states that he has concerns with test driving cars on side streets, and will stipulate that test driving in the general area of schools and homes not be allowed. This business is close to Rt. 95 and any test driving could be done on the Highway.
Mr. Eysie states that this is not a problem, that there will not be any test driving on the narrow streets in the vicinity.
He continues to state that he has cleaned up the property and that they are in the process of refacing the front of the building. The business can accommodate up to 200 cars, consisting of both new and used vehicles.
Councilor Wildenhain states that parking in the neighborhood, on the street is very limited, and the neighbors in the area sometimes do not have room to park their cars and is requesting that all the cars from this business be kept on the property, and not on the streets.
Mr. Eysie states that this is not a problem, and he has been in the business for twenty years and is very sensitive to neighborhood issues.
The next speaker is Brian Klampt, 204 Vine Street.
Mr. Klampt states that all of his concerns were addressed previously, and that he is in favor of the business. He has one additional concern, and that is when the business was operated by E P Fournier, they had a problem with car alarms going off in the late evening hours. He is concerned with this.
Mr. Eysie states that there is no reason why the alarms should be turned on in cars left on the lot; this will not happen. He will have an alarm system on the building, and should an alarm go off he will be notified immediately. The business will be run by himself, his wife, and his father. It is a family operation.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hoyas, the following licenses are APPROVED, with the following stipulation:
Petition for an Auto Repair Shop and Second Hand Shop License (Class A & B) of Tom Subaru Incorporated (previously E P Fournier & Co., Inc., d/b/a Fournier Jeep/Eagle) 939 Newport Avenue, Plat 16, Lots 29, 30, 31, 205, 332, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used vehicles and parts, LIC# 30245, 40255
STIPULATION:
1. No test driving on the streets in the general area of the schools and the neighborhood.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following entitled communication:
Communication from Ronald L. Wunschel, Director of Finance, to the Members of the City Council, submitting bids received at the bid opening held at Fleet National Bank, on August 11, 1999, for the sale of $4,932,000 City of Pawtucket General Obligation Bonds and concurring with City’s Fiscal Agent, Fleet Securities, Inc., that the award be made to the lowest bidder, Fleet Bank, as follows:
| BIDDER | AMOUNT | RATE | PREMIUM | NIC |
| | | | | |
| Fleet Bank | $4,932,000 | 3.89% | -0- | 3.89% |
| | | | | |
| Fleet Securities, Inc. | $4,932,000 | 4.25% | $14,648.00 | 3.91165% |
| | | | | |
| State Street Bank | $4,932,000 | 4.25% | -0- | 4.25% |
| | | | | |
| Commerce Capital | $4,932,000 | 4.35% | -0- | 4.35% |
Upon motion made by Councilor Moran, seconded by Councilor Hoyas, the following communication is READ AND ORDERED FILED:
| BIDDER | AMOUNT | RATE | PREMIUM | NIC |
| | | | | |
| Fleet Bank | $4,932,000 | 3.89% | -0- | 3.89% |
| | | | | |
| Fleet Securities, Inc. | $4,932,000 | 4.25% | $14,648.00 | 3.91165% |
| | | | | |
| State Street Bank | $4,932,000 | 4.25% | -0- | 4.25% |
| | | | | |
| Commerce Capital | $4,932,000 | 4.35% | -0- | 4.35% |
Upon motion made by Councilor Moran, seconded by Councilor Hoyas, the following resolution is read and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES – Councilor Carr.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES – Councilor Carr.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE, ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2226, OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ABSENTEE LANDLORD – NOTIFICATION TO REGISTER”
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, the following motion made by Councilor Hoyas, on behalf of Council President Barry, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send communications to Pamela Callahan, Chief Engineer, and Thomas F. Doucette, P.E., Assistant Chief Engineer, of the Pawtucket Water Supply Board, requesting that they attend a Pre-Council Session scheduled for September 8, 1999, to discuss the condition of the roads after the recent work being done by the Water Supply Board throughout the City.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the following petition for license is WITHDRAWN WITHOUT PREJUDICE:
VICTUALLING HOUSE 1st Class –
The New Heritage Tap LLC, d/b/a Heritage Tap (transfer from Aline Oddi d/b/a Heritage Tap), 266 Grand Avenue & 147 Suffolk Avenue, LIC# 00536
*The following Licenses are APPROVED, on a unanimous voice vote:
ENTERTAINMENT –
Petition of Clube Social Portugues for a license to conduct an Annual Picnic & Festival (Live Music & Traditional Food), at 131 School Street, Parking Lot, on Friday, August 20, 1999, from 5 p.m. – 12 Midnight; Saturday, August 21, 1999, from 12 p.m. – 12 Midnight; and on Sunday, August 22, 1999, from 12 p.m. – 10 p.m., LIC# 1317M
Petition of Dunnell Avenue Crime Watch for a license to conduct a Family Day Picnic on Dunnell Avenue on Saturday, August 15, 1999, from 12 Noon until 5 p.m., LIC# 1322M - ALSO REQUESTED IS THE CLOSING DUNNELL AVENUE FROM PAWTUCKET AVENUE TO WEST AVENUE.
Petition of Cape Verdean American Community Development for a license to conduct a Cook Out and Cape Verdean Night at 120 High Street, Parking Lot, on Saturday and Sunday, September 4 & 5, 1999, from 12 Noon until 12 Midnight, LIC# 1320M
Petition of St. Raphael Academy, for a license to conduct a 42nd Class Reunion, at 123 Walcott Street, in the School Gym, on September 18, 1999, from 7 p.m. until 11 p.m., LIC#1321M
PINBALL AND AMUSEMENT Renewal –
Romar Inc., d/b/a Sit-N-Bull Tavern, 520 Central Avenue, LIC#70053
PRIVATE DETECTIVE New –
Walter Needham, 85 Federal Street, LIC# 90168
SANDWICH BOARD SIGN PERMITS –
Annex Market Gardens, Inc., 113 Power Road, (1 Sign)
J-M Antiques & Used Furniture, 386 Central Avenue, (1 Sign)
Walt’s Roast Beef, 285 Newport Avenue, (1 Sign)
The following license is APPROVED, AS AMENDED:
Petition of St. Anthony’s Church, Holy Spirit Committee for a license to conduct a Holy Spirit Feast, indoors and outdoors, at 32 Lawn Avenue (Church Hall and Church Parking Lot) on Thursday, September 2, 1999, from 7 p.m. – 11 p.m.; Friday, September 3, 1999, and Saturday, September 4, 1999, from 7 p.m. – 12 Midnight; Sunday, September 5, 1999, from 3 p.m. – 11 p.m., LIC# 1319M
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
Walter Needham, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Sandra & Amadeo Gamboa - $2,933.45
Michael F. Mefford - $511.80/$575.33
Raymond St.Pierre - $359.09/$769.46
Joseph M. Taveira - $108.00/$194.76
Upon motion made by Councilor Bray, seconded by Councilor Grebien, the meeting is adjourned at nine fifty o’clock p.m.