City Council, April 20, 1994
A regular session of the City Council is held Wednesday, April 20, 1994, at eight three o’clock p.m. All the members are present and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
TOBACCO CONTROL ORDINANCE.
ORDINANCE PROHIBITING SMOKING IN PUBLIC BUILDINGS IN THE CITY OF PAWTUCKET.
THE COUNCIL RECONVENES AT EIGHT SEVENTEEN O’CLOCK PM.
The reading of the Records of April 6, 1994, 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:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
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, requesting that the signs for the newly named "West Cute Street" be put up as soon as possible.
The change took effect on April 11, 1994, and the Council is concerned that the new signs have not yet been posted.
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 Jack Rahill, Director of Finance requesting that he provide a report to the Council by next meeting, on which departments he believes will be coming in over budget this fiscal year; which will be coming in right on budget; and, which departments will be under budget.
The Council would like this breakdown for each department in the City.
Petition for SECOND HAND SHOP LICENSE of Paul Moskwa d/b/a P.M. Pawn Brokers, 58 Exchange Street, Tax Assessor’s Plat 43, Lot 532, 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: LIC#40139
Speaking in favor is Paul Moskwa, 44 Belleview Avenue, Pawtucket, RI, applicant.
Mr. Moskwa states that he has a pawn shop on Exchange Street. He was previously located on Broadway for years. His hours of operation are Tuesday - Saturday, 10:00 a.m. - 5:00 p.m.
Mr. Moskwa states that the rear of the building is reserved for tenant parking. He will be hiring one employee and his patrons will use the street for parking as well as a public parking lot.
Speaking in opposition is Rene Beauregard, 14 Hardwick Street, Cumberland, RI.
Mr. Beauregard states that he owns the two buildings across the street and there is a problem with parking in the area. Mr. Beauregard wants to know why there is parking on only one side of the street.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Vieira, seconded by Councilor Hodge, the following petition for license is GRANTED on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE of Paul Moskwa d/b/a P.M. Pawn Brokers, 58 Exchange Street, Tax Assessor’s Plat 43, Lot 532, to keep a shop for the purpose of purchasing and selling second hand articles, LIC#40139.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilors Hodge, Demopulos, and Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Burns, Traffic Engineer, requesting that he conduct a parking study on that portion of Exchange Street, surrounding 58 Exchange Street near Montgomery Street, to find ways to increase the available parking in that area.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following Motion made by Councilor Hodge, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to William Trevitt, General Manager of the Rhode Island Public Transit Authority requesting that a study be conducted to determine if it is feasible to eliminate the bus stop near the corner of Montgomery Street and Exchange Street in Pawtucket, since there is another bus stop only one block away.
Petition for VICTUALLING HOUSE (24 HOUR) LICENSE of Alcibiades & Holmes Maya d/b/a A & J Maya’s Pizza Restaurant, 197 Mineral Spring Avenue, requesting a license to operate the additional hours between 2:00 a.m. and 6:00 a.m., which was advertised for a hearing at this time, is taken up: LIC#314
Speaking in favor is Alcibiades Maya, 654 Central Avenue, Pawtucket, RI, applicant.
Mr. Maya states that he wants to be open the extra hours from 2:00 a.m. - 11:00 a.m. to serve breakfast. He is now open from 7:00 a.m. until 12 Midnight and until 2:00 a.m. on Fridays. He states he has his own parking lot and he will be cleaning up the back lot.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Vieira, seconded by Councilor Bray, the following petition for license is DENIED, FOR THE FOLLOWING REASONS, on a unanimous voice vote:
1. CREATE A NEIGHBORHOOD NUISANCE
2. DEGRADE PUBLIC SAFETY IN THE NEIGHBORHOOD
3. ADD UNNECESSARY TRAFFIC DURING NOCTURNAL HOURS
4. INCREASE CRIME IN THE AREA
5. HAVE AN OVERALL ADVERSE EFFECT ON THE NEIGHBORHOOD
Petition for VICTUALLING HOUSE (24 HOUR) LICENSE of Alcibiades & Holmes Maya d/b/a A & J Maya’s Pizza Restaurant, 197 Mineral Spring Avenue, requesting a license to operate the additional hours between 2:00 a.m. and 6:00 a.m. LIC#314
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following 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, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
RESOLUTION IN SUPPORT OF ARBOR DAY IN THE CITY OF PAWTUCKET.
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 Jack Gannon, City Solicitor, requesting the following information on the Lily Social Club:
1. Wouldn’t the purchase of a liquor license be in violation of state law regarding the sale of licenses.
2. What were the decisions of the Liquor Control Administrator and the Superior Court, if any, on this matter.
3. What is the role of the Bankruptcy Court on such a matter, compared to the role of the Liquor Control Administrator, especially when a license is revoked by the City Council.
4. A general update on what must now happen with this license.
These questions are a result of an article in the newspaper which stated that the Lily Social Club was sold and that the purchaser of the building had the right to buy the license.
Further, the Council is requesting an update on Jan’s Place.
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 Captain Patrick McConaghy, Pawtucket Police Department, requesting an update on the PTE Program, from the last update last year to present.
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
Submitted by: Council President John J. Barry, III
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
Submitted by: Councilor George K. Demopulos
THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.
TOBACCO CONTROL ORDINANCE
ORDINANCE PROHIBITING SMOKING IN PUBLIC BUILDINGS IN THE CITY OF PAWTUCKET.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENTS:
TOBACCO CONTROL ORDINANCE
1. Move Section 1 to subsection 1 and change all subsections to sections.
2. Eliminate the last eight words of the preamble, "and to restrict the promotion of tobacco products."
3. Change 25 persons to 50 persons in subsection 3.
4. On page 6, add "Section 5" on line 2, under the words, "prohibited by law."
5. Add to the end of Section 5, "Any suspensions or revocations of licenses may be imposed only after the license holders are given a full and fair opportunity to be heard relative to the suspension or revocation of their licenses.
6. Add to subsection 9, "if such establishment, restaurant, or bar, admits citizens under the age of 18 years."
Ayes - Councilors Bray, Kinder, Moran and Vieira.
Noes - President Barry, Councilors Doyle, Hodge and Rabbitt.
TOBACCO CONTROL ORDINANCE
1. Move Section 1 to subsection 1 and change all subsections to sections.
2. Eliminate the last eight words of the preamble, "and to restrict the promotion of tobacco products."
3. Change 25 persons to 50 persons in subsection 3.
4. On page 6, add "Section 5" on line 2, under the words, "prohibited by law."
5. Add to the end of Section 5, "Any suspensions or revocations of licenses may be imposed only after the license holders are given a full and fair opportunity to be heard relative to the suspension or revocation of their licenses.
6. Add to subsection 9, "if such establishment, restaurant, or bar, admits citizens under the age of 18 years."
The following ordinance is read for the first time, and is DEFEATED, on a roll call vote, as follows:
Ayes - Councilors Bray, Kinder, Moran and Vieira.
Noes - President Barry, Councilors Doyle, Hodge and Rabbitt. TOBACCO CONTROL ORDINANCE.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
ORDINANCE PROHIBITING SMOKING IN PUBLIC BUILDINGS IN THE CITY OF PAWTUCKET.
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 Mike Tamburro, President PAWSOX, requesting his opinion as to whether there should be no smoking at McCoy Stadium.
PRESIDENT BARRY LEAVES THE COUNCIL CHAMBER AT 9:08 PM.
PRESIDENT PRO TEMPORE VIEIRA PRESIDES.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Pro Tempore Vieira, Councilors Bra, Demopulos, Doyle, Hodge, Kinder, Moran, and Rabbitt.
Noes - 0
ORDINANCE REGULATING THE LICENSING OF THE SALE OF FIREARMS WITHIN THE CITY OF PAWTUCKET.
PRESIDENT BARRY RETURNS AT 9:11 PM.
COUNCILOR RABBITT LEAVES THE COUNCIL CHAMBER AT 9:12 PM.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, and Vieira.
Noes - 0
ORDINANCE IN AMENDMENT OF CHAPTER 2316 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET," (Position of Building Maintenance/Mechanic II - Plumbing).
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:
The following license was Laid on the Table at the meeting held April 6, 1994, and is again taken up:
AUTO REPAIR SHOP LICENSE
B. Baron Automotive, Inc., 25 Hazel Street NEW LIC#30153
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following license is GRANTED on a unanimous voice vote, with the following STIPULATIONS:
1. Hours of operation will be from 8:30 AM to 6:00 PM Monday through Friday, 9:00 AM to 3:00 PM on Saturday and no hours of operation on Sunday.
2. No towing before or after stated business hours.
3. No spray painting or body work.
4. No more than eight vehicles on the property during business hours and no more than five vehicles after hours.
5. Remove all barbed wire from location by 8/20/94.
6. Install a roof vented exhaust system by 8/20/94.
7. Install a speed bump at the drive-way entrance by 8/20/94.
AUTO REPAIR SHOP LICENSE
B. Baron Automotive, Inc., 25 Hazel Street NEW LIC#30153
The following license was Laid on the Table at the meeting held April 6, 1994, and is again taken up:
VICTUALLING HOUSE LICENSE (24 HOURS)
Christy Mihos d/b/a Christy’s Market, 755 Mineral Spring Ave LIC#135
Speaking in favor is Attorney Anthony Bucci.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder the following petition is READ AND ORDERED FILED:
Petition signed by persons in favor of a 24 hour license for Christy’s Market.
Upon Motion made by Councilor Vieira, seconded by Councilor Demopulos, the following application for license is DENIED on a unanimous voice vote, based on the following reasons:
1. CREATE A NEIGHBORHOOD NUISANCE
2. DEGRADE PUBLIC SAFETY IN THE NEIGHBORHOOD
3. ADD UNNECESSARY TRAFFIC DURING NOCTURNAL HOURS
4. INCREASE CRIME IN THE AREA
5. HAVE AN OVERALL ADVERSE EFFECT ON THE NEIGHBORHOOD
VICTUALLING HOUSE LICENSE (24 HOURS)
Christy Mihos d/b/a Christy’s Market, 755 Mineral Spring Ave LIC#135
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
BINGO
Pawtucket Citizens for Education Inc., (Schooltime Bingo) for license to conduct yearly bingo games at One Dunnell Lane East, on Fridays from 4:00 p.m. - 11:00 p.m. (change of location from 67 Garrity Street) PENDING APPROVAL OF STATE POLICE
Pawtucket Citizens for Education Inc., (Sportstime Bingo), for license to conduct yearly bingo games at One Dunnell Lane East, on Saturdays from 4:00 p.m. - 11:00 p.m. NEW - PENDING APPROVAL OF STATE POLICE
Councilor J. Raymond Kinder abstains based on his statement that "I am President of both bingo licenses being voted on before the Council and I will be associated with the third bingo at Dunnell Lane." (report filed)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following license:
BINGO -
Blackstone Valley Chapter RIARC for license to conduct yearly bingo games at One Dunnell Lane East, on Mondays from 4:00 p.m. - 11:00 p.m. (change of location from 67 Garrity Street) - PENDING APPROVAL OF STATE POLICE
Upon Motion made by Councilor Hodge, seconded by Councilor Vieira, the following license is GRANTED on a voice vote:
Councilor J. Raymond Kinder abstains based on his statement that "I am President of both bingo licenses being voted on before the Council and I will be associated with the third bingo at Dunnell Lane." (report filed)
BINGO -
Blackstone Valley Chapter RIARC for license to conduct yearly bingo games at One Dunnell Lane East, on Mondays from 4:00 p.m. - 11:00 p.m. (change of location from 67 Garrity Street) - PENDING APPROVAL OF STATE POLICE
ENTERTAINMENT
American Cancer Society Relay for Life, for license to conduct a Fund Raiser Walk-A-Thon (24 hours) at McCoy Stadium Annex, beginning on Friday, May 13, 1994, at 6:00 p.m. and ending Saturday, May 13, 1994, at 6:00 p.m. LIC#909M
AUTO REPAIR SHOP (RENEWAL)
Jeovany Calero & Abel A. Fuert d/b/a J & J Auto Repair, 511 Broadway, LIC#30127
Rodolphe Drolet d/b/a Motorcycle Accessories Ltd., 49–51 Montgomery Street, LIC#30033
E P Fournier & Co., Inc., d/b/a Fournier Jeep/Eagle, 939 Newport Avenue, LIC#30044
Antonio J Marques d/b/a Tony & Sons Auto Service, 551 Central Avenue, LIC #30069
Jose Aldamar Morales d/b/a J & B Auto Sales, 539 Main Street, LIC#30150
Jose Perez d/b/a J & R Auto Body & Repair, 519 Broadway, LIC#30140
FLOWER PEDDLER (NEW)
Rosemary A. Fogarty, Res: 200 Read Street, So. Attleboro, MA. LIC#179
Joy Y. Fogarty, Res: 22 Daily St., So Attleboro, MA LIC#176
FOOD VENDOR (RENEWAL)
Armando Ararat, Res: 50 Carnation St., Pawtucket, RI LIC#183
FOOD VENDOR (NEW)
Frank Ribezzo, Res: 62 West River Parkway, No. Providence, RI LIC#181
SECOND HAND SHOP (RENEWAL)
B & B Cycle & Sports Inc., 541 Power Rd., LIC #40005
Copper Industries Inc., 29 Dunnell Lane Unit A LIC#40023
Rodolphe Drolet d/b/a Motorcycle Accessories, Ltd., 49–51 Montgomery Street, LIC#40032
E P Fournier & Co., Inc., d/b/a Fournier Jeep/Eagle, 939 Newport Ave., LIC#40042
Edward J & Pearl Martin d/b/a Back Street, 71 Lupine Street, LIC#40116
Jose Aldamar Morales d/b/a J & B Auto Sales, 539 Main Street, LIC#40134
SUNDAY SALES (FIRST CLASS) RENEWAL
Central Avenue Bakery Inc., 679 Central Avenue, LIC#20020
Ghasan Eid d/b/a Town Mart, 885 Newport Avenue, LIC#20196
Ernest J & John Kenney d/b/a Kenney’s Variety Store, 548 Smithfield Avenue, LIC#20043
SUNDAY SALES (SECOND CLASS) RENEWAL
Renee I. Lemieux d/b/a Jungle Junction, 112 Middle St., LIC#20105
SUNDAY SALES (SECOND CLASS) NEW
Sandra Jackson d/b/a Super Cuts Inc., 681 Beverage Hill Ave., LIC#20213
SUNDAY SALES (FIFTH CLASS) RENEWAL
Manuel B. Silva, Res: 20 Davis St., Pawtucket, RI (has peddler’s license to sell produce) LIC#20091
SUNDAY SALES (FIFTH CLASS) NEW
Joy Y. Fogarty, Res: 22 Dailey St., So Attleboro, MA (flower peddler) LIC#20214
Joy Y. Fogarty, Res: 22 Dailey St., So Attleboro, MA (has peddler’s license to sell balloons) LIC#20215
Rosemary A. Fogarty, Res: 200 Read Street, So Attleboro, MA (flower peddler) LIC#20212
Rosemary A. Fogarty, Res: 200 Read Street, So Attleboro, MA (has peddler’s license to sell balloons) LIC#20219
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
June Albert - $334.00/$480.00
David Audette - $945.12
Ruth Berenson - $89.30
Jimmy Farrow - $58.42
Victoria R. Fortes - $37.22
Philip H. Hayden - $74.59
Philip H. Hayden - $225.66
Dawn Izzo - $124.36
Manuel V. Mateus - $450.00
Christina McGuinness - $2268.18
Florence J. Nachbar - $202.41
Cheryl Parfitt - $684.73
Melanie L. Plante - $984.65/678.79
David Ricci - $728.95
Elizabeth Roberge - $103.46
Karin Senape - $65.00
Mary M. Sienko - $85.97
David Smith - $215.00
Richard Smith - $115.78
Luis Albento Taveira - $307.31/$277.23
Debra & Hanly Waple - $347.95
David Whitehead - $1580.43
David P. Whitman - $85.50
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine forty-four o’clock p.m.