City Council, April 7, 1993
A regular session of the City Council is held Wednesday, April 7, 1993, at eight fifty-eight o’clock p.m. All the members are present except Council President John J. Barry, and President Protempore Vieira presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE THE MEETING OF THE BOARD OF LICENSE COMMISSIONERS AND TO CONDUCT TWO PUBLIC HEARINGS ON THE FOLLOWING:
ORDINANCE IN AMENDMENT OF CHAPTER 1097 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 31 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE, ISLAND, 1966, ENTITLED "ZONING" (DESIGNATION OF HISTORIC DISTRICTS) AS AMENDED
ORDINANCE IN AMENDMENT OF CHAPTER 31 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, "ZONING" ADOPTED AS CHAPTER 1097 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, PLAT 51, LOT 227 (ZONING MAP LOT 140) FROM INDUSTRIAL MO TO RESIDENTIAL RS AND TEXT AMENDMENTS (GROTTO AVENUE)
THE COUNCIL RECONVENES AT 9:30 P.M.
The reading of the records of March 24, 1993, are dispensed with and the records are approved as prepared by the Clerk.
Upon Motion made by Councilor Calista, 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 CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Bray, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Martin E. Joyce, Jr., Director of Personnel, requesting that he furnish to the Council an outline of the Affirmative Action Plan, if not finalized, by the next meeting on April 21, 1993, followed by monthly updates on all affirmative active activities.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Moran, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Wiley Archer, Acting Chief Engineer, Pawtucket Water Supply Board, regarding the use of Providence water by Colfax.
The Council would like to know the following:
1. The date that this matter was rectified so that they are again using Pawtucket water.
2. The amount of money lost by the Water Supply Board by allowing Colfax to use Providence water.
3. A list of any other businesses which were allowed to tie into the Providence water system because of the water crises.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Broadway Automotive Center Inc., 464 Broadway, Tax Assessor’s Plat 7, Lot 166, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles and repairing the same, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Mark Welch, Attorney for applicant, 298 Newport Avenue, Rumford, RI.
James Newcomb, the applicant, 67 Highwood Drive, Coventry, RI.
Mr. Welch states that the business has a zoning compliance certificate, and the purpose of the business is the repair and sale of autos. The front part of the building, which formerly was Campbell and Campbell, is now being used to sell auto parts.
Mr. Newcomb, does not intend to do auto body work or paint spraying. There will be no physical changes to the building, and he will try to get along with the neighbors.
There are no other speakers.
The Hearing is Closed.
Upon Motion made by Councilor Doyle, seconded by Councilors Kinder and Moran, the Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE is GRANTED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Broadway Automotive Center Inc., 464 Broadway, Tax Assessor’s Plat 7, Lot 166, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles and repairing the same. LIC#30136 & 40120
Petition for SECOND HAND SHOP LICENSE of Tina Holden d/b/a Read More Book Store, 710 Central Avenue, Tax Assessor’s Plat 10, Lot 556, to keep a shop for the purpose of purchasing and selling second hand articles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Tina Holden, 66 Dean Street, Pawtucket, RI.
Ms. Holden states that 90% of the books she will be selling are romance, horror, or children’s books. There will be nothing pornographic. She also wants to sell paintings and costume jewelry.
The hours of operation will be from 9:00 am - 5:00 pm or 6:00 pm, Monday through Saturday.
Speaking in opposition is William Klepsak, 639 Central Avenue, Pawtucket, RI.
Mr. Klepsak is representing the Darlington Congregational Church, which is located directly across the street from the proposed store.
Mr. Klepsak wants to know if the romance novels, which sometimes have racy covers will be displayed in the store window.
Ms. Holden responds that she does intend to put some books in the window, however, there will be no posters and she will use discretion on the placement of books in the window.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Doyle, seconded by Councilor Moran, the Petition for SECOND HAND SHOP LICENSE is GRANTED on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE of Tina Holden d/b/a Read More Book Store, 710 Central Avenue, Tax Assessor’s Plat 10, Lot 556, to keep a shop for the purpose of purchasing and selling second hand articles. LIC# 40119
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran and Rabbitt.
Noes - 0
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mr. Domingo Monteiro, from P.U.M.A., forwarding to him a copy of the letter from Mr. Martin Joyce, on the Affirmative Action Plan.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Calista, 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 James Kulczycki, Director of Parks, regarding the letters from Save the Park, which were given to the Council for their information, and requesting a response.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Moran, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Robert E. Metivier and Jack Rahill, Finance Director, regarding several questions which were brought up at the Public Input Period regarding Synchronization.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement introduces the following communication:
Upon Motion made by Councilor Clement, seconded by Councilors Calista and Rabbitt, the following communication is Read and Ordered Filed.
Communication from Gerald B. Resnick, Chairman of the Pawtucket School Committee, listing recommended legislative endorsements for 1993.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilors Calista and Rabbitt, is passed on a unanimous vice vote:
The Clerk is instructed to prepare a resolution in support of Mr. Resnick’s recommended legislative endorsements.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, Councilor Clement introduces the following communication:
Upon Motion made by Councilor Clement, seconded by Councilor Moran, the following communication is Read and Ordered Filed.
Communication from Bruce A Hague, Hague, & Sahady, to City Council Finance Committee. (Report status - June 30, 1992)
THE FOLLOWING ORDINANCE IS TAKEN UP:
ORDINANCE IN AMENDMENT OF CHAPTER 1097 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 31 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1966, ENTITLED "ZONING" (DESIGNATION OF HISTORIC DISTRICTS) AS AMENDED
THE RECOGNIZES COUNCILOR CLEMENT.
Upon Motion made by Councilor Clement, seconded by Councilor Calista, the following AMENDMENTS to the Ordinance Entitled "ORDINANCE IN AMENDMENT OF CHAPTER 1097 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 31 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1966, ENTITLED "ZONING" (DESIGNATION OF HISTORIC DISTRICTS) AS AMENDED are passed on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran and Rabbitt.
Noes - 0
1. DELETE PLAT 53B LOT 24, LOCATED AT 393 MAIN STREET, AND
2. CHANGE LOT 156 TO 158 AT WILKINSON PARK.
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran and Rabbitt.
ORDINANCE IN AMENDMENT OF CHAPTER 1097 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND CHAPTER 31 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1966, ENTITLED "ZONING" (DESIGNATION OF HISTORIC DISTRICTS) AS AMENDED
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Calista, the Council approves the hiring of four temporary workers, at a rate of $5.25 per hour, for a period of 24 working days, beginning April 12, 1993, to help prepare the 33 ballfields for the opening of the Little League season.
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran and Rabbitt.
Noes - 0
ORDINANCE IN AMENDMENT OF CHAPTER 31 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, "ZONING" ADOPTED AS CHAPTER 1097 OF THE ORDINANCES OF THE CITY OF PAWTUCKET. PLAT 51, LOT 227 (ZONING MAP LOT 140) FROM INDUSTRIAL MO TO RESIDENTIAL RS AND TEXT AMENDMENTS (GROTTO AVENUE)
The following ordinance is read for the first time and the Motion to DENY is passed on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Clement, Doyle and Moran.
Noes - Councilors Kinder and Rabbitt.
Abstain - Councilor Calista.
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD MARCH 24, 1993, AND ARE AGAIN TAKEN UP:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE (NEW)
Julio Martinez d/b/a J Company (previous owner Antonio Fonseca d/b/a Fonsecas Auto Sales & Repair) 540 Weeden Street.
Speaking in favor is Steven M. Rossi, Attorney for applicant, 859 Mendon Road, Cumberland, RI.
Julio Martinez, applicant, 20 Hurdis Street, North Providence, RI.
Mr. Rossi, states that Mr. Martinez has worked for Mrs. Fonseca since her husband’s death. Mrs. Fonseca’s son wants to turn the auto repair business over to Mr. Martinez. Mrs. Fonseca will own the property and lease all six bays to Mr. Martinez.
The property has been used as an auto repair shop since 1937. The property is zoned for industrial use and Mr. Martinez meets all the requirements in the City ordinance.
There will be no auto body work or painting.
Councilor Vieira states that there has been work done outside the building, including auto body work and painting since Mr. Martinez began running the business.
Also speaking in favor is Antonio S. Fonseca, 84 Austin Avenue, Greenville, RI.
Mr. Fonseca is the son of the current license holder.
Mr. Fonseca states that there is not, will not, and has not been any painting done at that establishment over the last 18 months. No one has come to him with any problems over that period of time.
He doesn’t want his mother in the auto repair business. He asked Mr. Martinez to buy the license, and if approved, he doesn’t want Mrs. Fonseca’s auto repair license to be renewed.
He doesn’t believe that he needs a City license to sell cars, which he will continue to do. He is willing to do whatever is necessary to get along with the Council and the neighbors, including limiting the number of cars on the lot. He states that there is approximately three fourths of an acre of property there.
Speaking in opposition is Joseph DaCosta, 534 Weeden Street, Pawtucket, RI.
Mr. DaCosta states that he hopes that what he heard tonight is true.
He doesn’t want multiple businesses at this location.
He believes that an auto sales shop needs 2400 square feet of space to get a State license. He questions how two separate businesses can operate on one 2400 square foot lot.
He has no objection to a single business at this location. He wants no auto body work done at this location. He is concerned about traffic problems. There has been some spraypainting done, but not as much as before.
Also speaking in opposition is Laura Cordeiro, 526 Weeden Street, Pawtucket, RI.
Ms. Cordeiro states that when the business was run in the 1930’s, it was a gas station and an auto repair shop. The back was not being used.
She is concerned that several people were renting part of the building and Mr. Martinez was the one who did the renting. She said that there was an ad in the paper to rent some of the bays.
She approves of one business at the location, but she is concerned about parking, storage and traffic.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Calista, seconded by Councilor Rabbitt, the following Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE are LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE (NEW)
Julio Martinez d/b/a J Company (previous owner Antonio Fonseca d/b/a Fonsecas Auto Sales & Repair) 540 Weeden Street. LIC#30135 & 40118
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, 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, concerning a petition for Auto Repair Shop and Second Hand Shop Licenses for Julio Martinez d/b/a J Company, 540 Weeden Street, Pawtucket.
The Council would like him to inspect the property to determine how many vehicles this property can hold, both for auto sales and for auto repair.
THE CHAIR RECOGNIZES COUNCILOR CALISTA.
With majority consent of the Council, the following Motion made by Councilor Calista, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, requesting a legal opinion on a petition for auto repair shop and second hand shop licenses of Julio Martinez d/b/a J Company, 540 Weeden Street, Pawtucket, RI.
Testimony was taken on this matter at a public hearing that the current holders of the license wish to continue the auto sales at that location and just transfer the auto repair portion of the business to Mr. Martinez. The Council would like to know if it is legal to have two such businesses with licenses controlled by two different entities at one location.
The Council would also like to know which license takes precedence regarding the requirement by the State that an auto sales establishment have 2400 square feet in which to operate. The Council would like to know if the space used by the auto repair shop can be included in the total space available for the auto sales shop at this location, or if must be subtracted from the total footage of the property.
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD MARCH 24, 1993, AND ARE AGAIN TAKEN UP AND ARE AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP LICENSE (RENEWAL)
Antonio Fonseca-by Executrix of his estate d/b/a Fonseca’s Auto Sales & Repair, 540 Weeden Street, LIC#30043
SECOND HAND SHOP LICENSE (RENEWAL)
Antonio Fonseca-by Executrix of his estate d/b/a Fonseca’s Auto Sales & Repair, 540 Weeden Street, LIC#40041
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP LICENSES (ALL RENEWALS)
Ace Armature Co Inc., 683-5 Mineral Spring Avenue, LIC#30001
Robert H. Allard Sr., d/b/a Coleman Tire Sales, 75 Goff Avenue, LIC#30005
Manuel J. Amaral d/b/a Manny’s Service Station, 645 Armistice Boulevard, LIC#30009
David M. Carpenter d/b/a Four Corners Muffler Shop, 251 Mineral Spring Avenue, LIC#30021
Cesar’s Car Palace Inc., 519 Pawtucket Avenue, LIC#30023
Daniels’ Auto Radiator Works Inc., 669 Roosevelt Avenue, LIC#30030
Richard Hartshorn d/b/a K C Auto Sales, 263 Dexter Street, LIC#30031
Antonio J. Marques d/b/a Tony & Sons Auto Service, 551 Central Avenue, LIC#30069
John J. & Timothy McLaughlin d/b/a Felmac Sales, 10 Balch Street, LIC#30071
Prime Auto Brokers Inc., 888 Central Avenue, LIC#30129
Norman C. Spink d/b/a Motorock Motors, 284 Kenyon Avenue, LIC#30107
FORTUNE TELLING LICENSE (RENEWAL)
Fanny Provost d/b/a The Great Power of God Religious Gift Shop (Botanica El Grank Poser De Dios), 285-287 Pawtucket Avenue, LIC#891
MOBILE FOOD VENDOR (RENEWAL)
Domenic Africo d/b/a Domenicks Frozen Lemonade & Ice Cream, Res: 970 Douglas Pike, Smithfield, RI, LIC#115
SECOND HAND SHOP LICENSES (ALL RENEWALS)
Ace Armature Co Inc., 683-5 Mineral Spring Avenue, LIC#40001
Beaudette Brothers Inc., 1442 Newport Avenue, LIC#40008
Cesar’s Car Palace Inc., 519 Pawtucket Avenue, LIC#40019
Christina M Chagnon d/b/a Oliver’s Antiques, 391 Main Street, LIC#40020
Daniels’ Auto Radiator Works Inc., 669 Roosevelt Avenue, LIC#40025
Richard Hartshorn d/b/a K C Auto Sales, 263 Dexter Street, LIC#40014
John J & Timothy McLaughlin d/b/a Felmac Sales, 10 Balch Street, LIC#40060
Phyl-Top Inc., d/b/a Mr. Tux, 127 School Street, LIC#40077
Prime Auto Brokers Inc., 888 Central Avenue, LIC#40080
Norman C. Spink d/b/a Motorock Motors, 284 Kenyon Avenue, LIC#40097
SUNDAY SALES (FIRST CLASS) RENEWAL
Isaac & Ama Amponsah d/b/a Ama’s Variety & Mini Mart, 957 Main Street, LIC#20007
SUNDAY SALES (THIRD CLASS) NEW
Denis Souza d/b/a April Flowers, 560 Broadway, LIC#20190
SUNDAY SALES (FIFTH CLASS) RENEWALS
Domingos Pires, Res: 1720 Diamond Hill Road, Cumberland, RI, LIC#20189
Jorge A. Pires, Res: 1720 Diamond Hill Road, Cumberland, RI, LIC#20157
VICTUALLING HOUSE (FIRST CLASS) NEW
Henry Mathieu d/b/a Michell’s Kitchen, 816 Main Street, LIC#287
Atha & Mina Salpoglou d/b/a Pleasant View Pizza, 570 Broadway & 5 Lilac Street, LIC#288
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Allstate Insurance Co./Boonkham Soukamneuth - $824.61
Arbella Mutual Insurance Company/David Salisbury - $5,833.28
James W. Daily & Maria C. Mendes - No amount specified
Edward Dziepak - $56.95
Daniel Lamoureux - $35.00
Rebecca S. LaPlante - No amount specified
Raymond Laprade - No amount specified
Peter G. Mandelson - $128.88
John Jozefa Lozinski - $150.00/397.26
Andrew Motyka - No amount specified
Rhode Island Public Transit Authority - $4,148.80
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Calista, Clement, Doyle, Kinder, Moran and Rabbitt.
Noes - 0
Claim of Maria Zarokostas, in the amount of $832.05
THE CHAIR RECOGNIZES COUNCILOR KINDER.
Upon Motion made by Councilor Kinder, seconded by Councilor Clement, the City Council will review options for the area of Slater Park now occupied by the Zoo, once it is closed.
PRESIDENT VIEIRA NAMES THE FOLLOWING TO THE NEW "PARKS COMMISSION SUBCOMMITTEE" OF THE CITY COUNCIL:
The three Council Members-at-Large.
THE CLERK IS INSTRUCTED TO SET A PUBLIC HEARING ON THE PROPOSED TRANSFER STATION ON APRIL 21, 1993, AT 8:00 PM.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilors Kinder and Moran, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, requesting that he attend a Public Hearing on the proposed Transfer Station.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Calista, the Clerk is instructed to put the Veterans Monument on the Docket for the meeting of April 21, 1993, on a roll call vote, as follows:
Ayes - President Pro-Tempor Vieira, Councilors Calista, Doyle, Kinder and Rabbitt.
Noes - Councilors Bray, Clement and Moran.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following entitled resolution:
Upon Motion made by Councilor Rabbitt, seconded by Councilor Calista, the following resolution is read and passed on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Clement, Calista, Doyle, Kinder, Moran and Rabbitt.
Noes - 0
THE CHAIR RECOGNIZES COUNCILOR KINDER.
With majority consent of the Council, the following Motion made by Councilor Kinder, seconded by Councilor Calista, 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 attend a meeting of the Snow Removal Committee.
Upon Motion made by Councilor Calista, seconded by Councilor Kinder, the meeting is adjourned at twelve two o’clock a.m.