June 22, 1994 - Regular City Council Session

City Council, June 22, 1994

A regular session of the City Council is held Wednesday, June 22, 1994, at eight five o’clock p.m. All the members are present except President Barry; President Pro Tempore Vieira presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING REGARDING THE FOLLOWING:

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. (AMENDMENT OF ARTICLES I, II, III, IV, V, VIII, IX, X, XI, XII, AND XIII.)

THE COUNCIL RECONVENES AT EIGHT THIRTY-EIGHT O’CLOCK P.M.

The reading of the Records of June 6, 1994, and June 8, 1994, is dispensed with and the Records are approved as prepared by the Clerk.

With majority consent of the Council, upon Motion made by Councilor Kinder, seconded by Councilor Hodge, the *Consent Agenda is approved on a unanimous voice vote.

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

061      A.        Communication from Jack Rahill, Finance Director, to The Honorable Members of the Pawtucket City Council. (Revenues and Expenditures from July 1, 1993 through May 31, 1994.)

611      B.         Communication from Jack Rahill, Finance Director, to Richard J. Goldstein, City Clerk (Budget Transfer Ordinance)

C.        Communication from Michael Cassidy, Director of Planning and Redevelopment to the Honorable John J. Barry, III. (An Ordinance Setting Fees for Zoning Board Actions)

592      D.        Communication from Michael Cassidy, Director of Planning and Redevelopment to the Honorable John J. Barry, III. (Resolution Authorizing the Filing of an Urban Enterprise Community Nomination)

The following Communication from His Honor Mayor Robert E. Metivier, submitting the reappointment of Rae B. Condon as a Member of the Ethics Commission FOR CONFIRMATION is READ AND ORDERED FILED:

589      Rae B. Condon, 27 Katama Road. Term expires First Monday in July, 1997.

The following appointment of Rae B. Condon as a Member of the Ethics Commission is Confirmed on a roll call vote, as follows:

Ayes - President Pro Tempore Vieira, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, and Rabbitt.

Noes - 0

MEMBER OF ETHICS COMMISSION

Rae B. Condon, 27 Katama Road. Term expires First Monday in July, 1997.

Petition for AUTO REPAIR SHOP LICENSE of Cesar M. Guante d/b/a Timbu’s Auto Repair, 185 Front Street, Tax Assessor’s Plat 20, Lot 503, to keep a shop for repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC#30160

Speaking in favor is Cesar Guant, 172 Woodbine Street, Pawtucket, RI.

Mr. Guante states that he has run a shop in Cumberland for three years and wants to move to Pawtucket. He will work until 6:00 or 7:00 PM. Mr. Guante states that there will be no spray painting and he can fit up to 10 cars inside.

There are no speakers in opposition.

The Hearing is closed.

Upon Motion made by Councilor Moran, seconded by Councilor Rabbitt, the following application for license is LAID ON THE TABLE on a unanimous voice vote:

Petition for AUTO REPAIR SHOP LICENSE of Cesar M. Guante d/b/a Timbu’s Auto Repair, 185 Front Street, Tax Assessor’s Plat 20, Lot 503, to keep a shop for repairing automobiles LIC#30160.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Rabbitt is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Frank Rendine, Director of Zoning and Code Enforcement, asking that he inspect the property at 185 Front Street to determine if all the requirements to operate an auto repair shop business are met; if there are any violations at the location at the present time; and how many spaces are available for parking inside and outside of the building.

COUNCILOR MORAN LEAVES THE CHAMBER AT 9:10 PM.

The following resolution is read and passed on a roll call vote, as follows:

Ayes - President Pro Tempore Vieira, Councilors Bray, Demopulos, Doyle, Hodge, Kinder and Rabbitt.

Noes - 0

588      RESOLUTION AUTHORIZING SUBMITTAL OF AN URBAN ENTERPRISE COMMUNITY NOMINATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, IN COOPERATION WITH THE CITIES OF CENTRAL FALLS AND WOONSOCKET.

COUNCILOR MORAN RETURNS AT 9:12 PM.

The following resolution is read and passed on a roll call vote, as follows:

Ayes - President Pro Tempore Vieira, Councilors Bray, Doyle, Hodge, Kinder, and Rabbitt.

Noes - Councilors Demopulos and Moran.

588      RESOLUTION TO PLACE A REFERENDUM ON THE NOVEMBER 8, 1994, BALLOT TO ADD A RESIDENCY REQUIREMENT TO THE CITY CHARTER.

The following ordinance, which is returned from the Ordinance Committee with a recommendation for approval, is LAID ON THE TABLE on a unanimous voice vote:

ORDINANCE REGULATING MUNICIPAL EMPLOYMENT WITHIN DEPARTMENTS AND/OR DIVISIONS OF MUNICIPAL GOVERNMENT.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilor Kinder, is passed on a unanimous voice vote:

The Clerk is instructed to send a Communication to Dr. Emile M. Chevrette, Superintendent of Schools, regarding the proposed ordinance entitled "ORDINANCE REGULATING MUNICIPAL EMPLOYMENT WITHIN DEPARTMENTS AND/OR DIVISIONS OF MUNICIPAL GOVERNMENT." The Council is requesting that Dr. Chevrette meet with Mr. Kevin Mulligan to provide the Council with alternatives to the problem with overtime paid to the coaches working for the school department.

The Clerk is further instructed to send a Communication to Jack Gannon, City Solicitor, requesting his opinion as to whether there are any options that the City can take to prevent overtime, without firing the coaches.

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 Bray, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - 0

Abstain - Councilor Demopulos.

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." (Superintendent of Equipment Maintenance)

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 Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - 0

ORDINANCE RELATING TO VANDALISM-REGULATING AND PROHIBITING THE UNLAWFUL USE OF SPRAY PAINT OR INDELIBLE MARKERS.

THE CHAIR RECOGNIZES COUNCILOR KINDER.

With majority consent of the Council, Councilor Kinder submits the following Communication:

592      Communication from Michael D. Cassidy, Secretary, City Planning Commission to The Honorable City Council. (Amendments to Pawtucket Zoning Ordinance.)

Upon Motion made by Councilor Kinder, seconded by Councilor Hodge, the following Communication is READ AND ORDERED FILED:

Communication from Michael D. Cassidy, Secretary City Planning Commission to The Honorable City Council. (Amendments to Pawtucket Zoning Ordinance.)

THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:

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. (AMENDMENT OF ARTICLES I, II, III, IV, V, VIII, IX, X, XI, XII, AND XIII.)

ADD to Article 5–1 "Accessory Uses" (c) "Home Occupations" the following:

Not withstanding the above, no occupations will be allowed under this section which are otherwise prohibited by State Law or City Ordinances.

ADD to Article X "Definitions" the following:

Parking Space. A space of not less than 180 sq. feet for the parking of a motor vehicle. For residences with 3 dwelling units or less, the paved driveway area excluding the front yard area may be used to calculate the required parking spaces.

Upon Motion made by Councilor Hodge, seconded by Councilor Kinder, the AMENDMENT to the ordinance entitled "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 (AMENDMENT OF ARTICLES I, II, III, IV, V, VIII, IX, X, XI, XII, AND XIII, is passed on a roll call vote, as follows:

Ayes - President Pro Tempore Vieira, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - 0

The following ordinance is read for the first time, AS AMENDED, and passed on a roll call vote, as follows:

Ayes - President Pro Tempore Vieira, Councilors Bray, Demopulos, Doyle, Hodge, Kinder and Moran

Noes - Councilor Rabbitt.

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 (AMENDMENT OF ARTICLES I, II, III, IV, V, VIII, IX, X, XI, XII, AND XIII,)

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO FINANCE COMMITTEE:

ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE 1992 – 1993 ANNUAL OPERATING BUDGET, CHAPTER 2268

THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO ORDINANCE COMMITTEE:

AN ORDINANCE TO ESTABLISH FEES FOR APPEALS, SPECIAL PERMITS, AND VARIANCES IN THE CITY OF PAWTUCKET.

ORDINANCE ENTITLED "TAX EXEMPTION ON VEHICLES ADAPTED FOR THE DISABLED."

The following licenses were LAID ON THE TABLE at the meeting held June 8, 1994, and are again taken up AND ARE APPROVED on a unanimous voice vote:

AUTO REPAIR SHOP & SECOND HAND SHOP LICENSES:

Edward Imondi d/b/a Continental Auto Sales (previous owner - People’s Auto Sales), 1117 Central Avenue. LIC#30155 & LIC#40143

The following licenses were LAID ON THE TABLE at the meeting held June 8, 1994, and are again taken up AND ARE APPROVED on a unanimous voice vote with the following STIPULATIONS:

1.         No work outside garage

2.         No parking on Sharon Avenue

3.         Trash & debris will be picked up

4.         No auto body or spray painting

AUTO REPAIR SHOP & SECOND HAND SHOP LICENSES:

Mario Veiga d/b/a Mo Performance, 45 Sharon Avenue. LIC#30157 & LIC#40144

The following license is LAID ON THE TABLE on a unanimous voice vote:

VICTUALLING HOUSE (First Class)

JMD Associates Ltd. d/b/a Illusions (previous owner K.L.C. Associates Inc. d/b/a Macondo) 242 Middle Street Lic#333

*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:

AUTO REPAIR SHOP (RENEWAL)

Modern Auto Inc., 531 Main Street LIC#30077

ENTERTAINMENT

Atlantic National Association (to raise money for the Jerry Lewis Telethon and for the Atlantic National Association, for license to conduct the Fourth Annual Dance-A-Thon at Discoteca 2000, 327 Barton Street on Saturday, August 27, 1994; Saturday, September 3, 1994; Sunday, September 4, 1994, from 7:00 PM - 2:00 AM. LIC#922M

Pawtucket Citizens Fireworks Committee, for license to conduct the Annual Fourth of July Fireworks Display at McCoy Stadium on Sunday, July 3, 1994. (Rain Date - July 4, 1994) LIC#921M

MOBILE FOOD VENDOR (NEW)

Micheline Dumas, res: 183 Cross Street, Central Falls, Lic#186

PINBALL & AMUSEMENT DEVICES (RENEWALS)

Blarney Stone Pub Inc., 140–146 Dexter Street (1 machine) LIC#70007

Cape Verdean American Lounge Inc., 17 Exchange Street (1 machine) LIC#70011

Happy Hour Club, 404 Benefit Street (1 machine) LIC#70018

J.A.R. Beverage Inc. d/b/a Murray’s Pub, 1091 Main Street (2 machines) LIC#70020

Peddler’s Inn Inc., 94 Middle Street (1 machine) LIC#70028

Royal Antedeluvian Order of Buffaloes, 532 Lonsdale Avenue (1 machine) LIC#70030

Surkont’s Inc. d/b/a/ Surkont’s Cafe, 140–142 Japonica Street (1 machine) LIC#70034

PRIVATE DETECTIVES (RENEWALS)

Bruce R. Germani, 36 Park Place LIC#90146

Julio Medeiros Jr., 279 Dexter Street LIC#90151

Jeremy R. Mentillo, 912 Newport Avenue LIC#90152

Robert Venturini, 33 Sherman Street LIC#90141

POOL TABLE (NEW)

J.A.R. Beverage Inc. d/b/a Murray’s Pub, 1091 Main Street (1 Pool Table) Lic#33

PUBLIC LAUNDRY (RENEWAL)

Boris Bergus d/b/a Bo’s Dry Cleaning and Mail Services, 666 School Street. LIC#A0033

SECOND HAND SHOP (RENEWAL)

Modern Auto Inc., 531 Main Street LIC#40063

SUNDAY SALES (First Class) (NEW)

Olga Nunez d/b/a Main Street Market (previous owner Robert Guevara d/b/a Dominguez Market) 830 Main Street LIC#20217

SUNDAY SALES (Fifth Class) (NEW)

Micheline Dumas, res: 183 Cross Street, Central Falls, LIC#20218

VICTUALLING HOUSE (First Class) (NEW)

Celeste Klemanchuck d/b/a All Star Ice Cream, 171 Pawtucket Ave.

*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:

PRIVATE DETECTIVE BONDS:

Edward M. Ameen, Surety - Wester Surety Company

Julio Medeiros Jr., Surety - Western Surety Company

Robert Venturini, Surety - Peerless Insurance Company

*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Terrie Beaucage, $100,000.00

David J. Cerqueira, $2,500.00 PLUS MEDICAL

Jayne Hennessey, $300.00

Elizabeth A. McKenna, $100,000.00

Jean (Auger) Parrillo $1865.94/$2422.94

THE CHAIR RECOGNIZES COUNCILOR RABBITT.

With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Moran is passed on a unanimous voice vote:

The Clerk is instructed to send a communication to Michael Cassidy, Director of Planning and Redevelopment, asking if there were any changes to the original specifications on the work done to the Newport Avenue entrance of Slater Park. If there were changes, the Council would like to know what they were, and why they were made.

THE CHAIR RECOGNIZES COUNCILOR KINDER.

With majority consent of the Council, the following Motion made by Councilor Kinder, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:

The Clerk is instructed to send a letter to Michael Cassidy and Bill Mulholland regarding the Duck Pond in Slater Park. Councilor Kinder Comments on the condition of the Pond and wants to know what is being done to clean it up.

Also, the Council is requesting an update on the Historic Core section of the Park.

Upon Motion made by Councilor Kinder, seconded by Councilor Moran, the meeting is adjourned at ten twelve o’clock p.m.

June 22, 1994 - Regular City Council Session
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