May 25, 1994 - Regular City Council Session

City Council, May 25, 1994

A regular session of the City Council is held Wednesday, May 25, 1994, at eight fifty-one o’clock p.m. All the members are present except Councilor Vieira, and President Barry presides.

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

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

THE COUNCIL RECONVENES AT NINE SIX O’CLOCK P.M.

The reading of the Records of May 11, 1994, and May 17, 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 Demopulos, 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. (Realized & Unrealized Revenues from July 1, 1993 through April 30, 1994.)

028      B.         Communication from William H. Trevitt, General Manager, Rhode Island Public Transit Authority to Richard J. Goldstein. (Bus Stop near corner of Exchange & Montgomery Streets.)

3          C.        Copy of Communication from Dr. Emile M. Chevrette, Superintendent of Schools to Michael Cassidy, Director of Planning & Redevelopment. (Purchase & rehabilitation of the Seekonk Lace Property on Armistice Blvd.)

3          D.        Communication from Dr. Emile M. Chevrette, Superintendent of Schools to Richard J. Goldstein, Clerk, Pawtucket City Council. ($500,000 Renovation Bond for Schools.)

605      E.         Communication from Michael D. Cassidy, Director, Planning and Redevelopment to the Honorable City Council. (CDBG Year 20 Application)

624      G.        Communication from Joseph Roque, Purchasing Agent to the Honorable City Council. (Emergency Purchase orders/April 1 through April 30th)

622      H.        Communication from Frank A. Rendine, P. E., Director of Zoning and Code Enforcement to the Honorable John J. Barry, III. (property located at 64 Woodlawn Avenue)

1          I.          Communication from Richard E. DeLyon, Chief of Police to the City Council Members. (64 Woodlawn Avenue)

028      F.         Communication from Dennis E. Hoyle, Auditor General (Acting) to Richard J. Goldstein. (Notification regulations) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

The Clerk is instructed to retrieve the Audit RFP process from three years ago in time for the next meeting.

028      J.          Communication from David L. Quinn, II, Tax Assessor to Richard J. Goldstein, Clerk. (Vehicles equipped w/wheelchair lifts) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

The Clerk is instructed to send communications to the Governor’s Commission on the Handicapped and to the Registry of Motor Vehicles, requesting information regarding how many vehicles are equipped with wheelchair lifts in the City of Pawtucket; and how many vehicles are otherwise modified for people with disabilities in the City of Pawtucket.

609      Petition from Pamela K. Greenwood, E/P Manager - Right of Way, New England Telephone Company to Richard J. Goldstein, City Clerk. (Summer Street/No. Union Street) is approved PENDING APPROVAL OF DIRECTOR OF PUBLIC WORKS.

609      Petition from Pamela K. Greenwood, E/P Manager - Right of Way, New England Telephone Company to Richard J. Goldstein, City Clerk. (Replace manhole - Broadway) is approved PENDING APPROVAL OF DIRECTOR OF PUBLIC WORKS.

Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Mario Veiga d/b/a Mo Performance, (previously Gus’ Garage), 45 Sharon Avenue, Tax Assessor’s Plat 26, Lot 404, to keep a shop for the purpose of purchasing and selling used articles, specifically used automobiles, and repairing same, which was advertised for a hearing at this time, is taken up: LIC#30157, LIC#40144

Speaking in favor and representing applicant is William Burke, Attorney, 75 Park Place, Pawtucket, RI.

Applicant, Mario Veiga, 151 Garden Street, Pawtucket, RI.

Mr. Veiga states that this is a new business for him. His hours will be 8:00 a.m. - 6:00 p.m. He will have two people working for him. Mr. Veiga states that he will not be there everyday because he runs another business. He will sell a few used cars. He is not planning to leave cars outside; the building can hold six cars inside.

Speaking in opposition is Francis Gaschen, Attorney, 255 Main Street, Pawtucket, RI.

Mr. Gaschen is representing Edmund Romoli, 61 Sharon Avenue, Pawtucket, RI.

Mr. Gaschen states that Mr. Romoli’s property abuts the location of the business. He states that the previous owner, Gus’, has been out of business for three years, and has not been operated since then. Mr. Gaschen believes this application should be before the Zoning Board, because an exception for use has been abandoned for more than one year and this type of business needs a new approval by the Zoning Board.

Mr. Romoli is concerned about fumes from cars and illegal parking.

There are no other speakers.

The Hearing is closed.

Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following applications for licenses are LAID ON THE TABLE on a unanimous voice vote:

Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Mario Veiga d/b/a Mo Performance, (previously Gus’ Garage), 45 Sharon Avenue, Tax Assessor’s Plat 26, Lot 404, to keep a shop for the purpose of purchasing and selling used articles, specifically used automobiles, and repairing same, LIC#30157, LIC#40144.

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 John Gannon, City Solicitor, regarding the request for licenses to operate an auto repair shop and a second hand shop at 45 Sharon Avenue. Specifically, as stated by Mr. Gaschen, the area is zoned residential and the previous owner had authority to use this location as a legal non-conforming lot. However, the previous owner has been out of business for over one year, and there has been no business run at this location for this time. Mr. Gaschen’s belief is that even though Frank Rendine granted a Certificate of Zoning Compliance, this property has lost its grandfather rights to be used as an auto repair shop and therefore, this application should be before the Zoning Board and not the City Council. The Council wants a legal opinion on this matter.

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 Rabbitt.

Noes - 0

605      RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

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 Rabbitt.

Noes - 0

588      RESOLUTION REQUESTING THE CITY SOLICITOR TO INTRODUCE LEGISLATION IN THE GENERAL ASSEMBLY AUTHORIZING THE CITY TO ISSUE BONDS FOR RENOVATIONS OF PUBLIC SCHOOL BUILDINGS - $500,000.

COUNCIL PRESIDENT BARRY LEAVES THE CHAMBER AT 9:31 PM. COUNCILOR KINDER PRESIDES.

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

Ayes - Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - 0

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF JOHNATHAN VIDAL.

THE CHAIR RECOGNIZES COUNCILOR HODGE, CHAIRPERSON OF THE CEMETERIES COMMITTEE.

Upon recommendation of the Cemeteries Committee, the following Motion by Councilor Hodge, seconded by Councilor Rabbitt, to authorize the expenditure of $28,752 from the Cemeteries Improvement Fund for capital improvements at the City’s Cemeteries is approved on a unanimous voice vote.

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

Ayes - Councilors Bray, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - 0

Abstain - Councilor Demopulos

COUNCILOR DEMOPULOS STATES HE IS ABSTAINING DUE TO THE FACT THAT HE OWNS STOCK IN PHILIP MORRIS INC. (Report filed.)

619      ch 2351 ORDINANCE PROHIBITING SMOKING IN PUBLIC BUILDINGS IN THE CITY OF PAWTUCKET, AS AMENDED.

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

Noes - 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" (Fleet Maintenance/Mechanic)

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

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" (Code Enforcement Assistant)

CHANGE from "R11" $18,001 - $18,707

            to "R13" $18,330 - $19,099

Upon Motion made by Councilor Bray, seconded by Councilor Rabbitt, the AMENDMENT to the ordinance entitled 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" (Code Enforcement Assistant), is passed on a roll call vote, as follows:

Ayes - Councilors Bray, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - Councilor Demopulos

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

Ayes - Councilors Bray, Doyle, Hodge, Kinder, Moran and Rabbitt.

Noes - 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" (Code Enforcement Assistant)

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

Noes - 0

ORDINANCE IN AMENDMENT OF CHAPTER 2317 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "ORDINANCE REGULATING PARKING DURING WEATHER EMERGENCIES IN THE CITY OF PAWTUCKET, AS AMENDED."

The following license was LAID ON THE TABLE at the meeting held May 11, 1994, and is again taken up and is LAID ON THE TABLE 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 license was LAID ON THE TABLE at the meeting held May 11, 1994, and is again taken up and is APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:

Antonio Villar d/b/a Antonio’s Auto Repair, 64 Woodlawn Avenue. LIC#30156 & LIC#40142

STIPULATIONS:

1.         All works shall be done inside.

2.         No automobiles shall be left outside after closing.

3.         No auto body work or painting.

4.         Auto road tests shall be on Esten Avenue only.

5.         Tow trucks shall enter through Esten Avenue only.

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

FLEA MARKET (RENEWAL)

Jean B. Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market), 360 Broad Street (Portion of former train station) LIC#1039

FORTUNE TELLER LICENSE (RENEWALS)

Christy Nicholas d/b/a Christy’s Tarot Card and Palm Reading, 1446 Newport Avenue LIC#1034

Christina White d/b/a Miss White’s Tea Room, 818 Newport Avenue LIC#1033

PUBLIC LAUNDRY RENEWALS (1993)

Woodlawn Laundry & Cleaners Inc., 197 Glenwood Ave LIC#A0031

Woodlawn Laundry & Cleaners Inc., 479 West Ave LIC#A0034

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

George Cardosi - $354.76

Current Carrier Corp, by Stephen A. Wright - No amount specified

Dorothy Paulhus - $136.68/$177.85/$165.86

Jose Pinto - $150.00

Daniel A. Silveira - $325.00/$329.80/$314.00

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, upon Motion made by Councilor Moran, seconded by Councilor Demopulos, the First Class Victualling House license of Bandilli Cafe Inc., d/b/a State Line Cafe, 514 Benefit Street is REVOKED on a unanimous voice vote.

Upon Motion made by Councilor Moran, seconded by Councilor Demopulos, the meeting is adjourned at nine forty o’clock p.m.

May 25, 1994 - Regular City Council Session
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