City Council, November 23, 1994
A regular session of the City Council is held Wednesday, November 23, 1994, at six thirty-four o’clock p.m. All the members are present except Councilor Rabbitt and President Barry presides.
The reading of the records of November 9, 1994, are 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:
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 Robert Forsher, Fire Chief, to ask why Line Item 3650 in the Fire Department Budget entitled "Uniform CL/REP" is overspent.
Further, the Clerk is instructed to send a communication to Richard E. DeLyon, Chief of Police, to ask why Line Item 3640 in the Police Department Budget entitled "Uniform Allowance" is overspent.
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 Members of the Affirmative Action Committee, to forward a letter from Mr. Al Vicente and to inform them that Councilor Moran will be calling a meeting of the Affirmative Action Committee in the near future.
Communication from Richard J. Goldstein, City Clerk, to John J. Barry, III, Council President and Members of the City Council. (FY 93 Audit Report) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, Councilor Doyle introduces the following Audit.
Annual Financial Statements for the year ending June 30, 1993.
Upon Motion made by Councilor Doyle, seconded by Councilors Kinder, the following Annual Financial statements are Read and Ordered Filed.
Annual Financial Statements for the year ending June 30, 1993.
Judge Joseph A. Keough, 72 Anawan Road. Term expires the first Monday in December, 1997 is Read and Ordered Field.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Kinder, Moran and Vieira.
Noes - 0
Abstains - Councilor Hodge.
COUNCILOR HODGE ABSTAINS BASED ON HIS STATEMENT THAT MR. KEOUGH IS HIS BUSINESS ATTORNEY.
JUVENILE HEARING BOARD
Judge Joseph A. Keough, 72 Anawan Road. Term expires the first Monday in December, 1997.
Fayneese Miller Biral, PHD, 182 Lafayette Street. Term expires the first Monday in December, 1997 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
JUVENILE HEARING BOARD
Communication from His Honor, Mayor Robert E. Metivier, submitting the following appointment as a member of the Juvenile Hearing Board FOR CONFIRMATION:
John Ward, 11 King Phillip Road. Term expires the first Monday in December, 1997 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
JUVENILE HEARING BOARD
John Ward, 11 King Phillip Road. Term expires the first Monday in December, 1997.
Herbert J. Collins, 302 Pullen Avenue. Term expires the first Monday in December, 1996 is Read and Ordered Field.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
JUVENILE HEARING BOARD
Herbert J. Collins, 302 Pullen Avenue. Term expires the first Monday in December, 1996.
Denis K. Demopulos, 96 Brewster Street. Term expires the first Monday in December, 1996 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
Abstains - Councilor Demopulos.
COUNCILOR DEMOPULOS ABSTAINS BASED ON HIS STATEMENT THAT HE IS HIS BROTHER.
JUVENILE HEARING BOARD
Denis K. Demopulos, 96 Brewster Street. Term expires the first Monday in December, 1996.
Kenneth J. Topalian, 139 Ridge Street. Term expires the first Monday in December, 1996 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
JUVENILE HEARING BOARD
Kenneth J. Topalian, 139 Ridge Street. Term expires the first Monday in December, 1996.
Donna Jarry, 15–17 Kenyon Avenue. Term expires the first Monday in December, 1995 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
JUVENILE HEARING BOARD
Donna Jarry, 15–17 Kenyon Avenue. Term expires the first Monday in December, 1995.
Communication from His Honor, Mayor Robert E. Metivier, submitting the following appointment as a member of the Juvenile Hearing Board FOR CONFIRMATION:
Michael L. Kinch, 135 Englewood Avenue. Term expires the first Monday in December, 1995 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
JUVENILE HEARING BOARD
Michael L. Kinch, 135 Englewood Avenue. Term expires the first Monday in December, 1995.
Communication from His Honor, Mayor Robert E. Metivier, submitting the following appointment as a member of the Juvenile Hearing Board FOR CONFIRMATION:
Belinda Lima, 68 Hope Street. Term expires the first Monday in December, 1995 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
JUVENILE HEARING BOARD
Belinda Lima, 68 Hope Street. Term expires the first Monday in December, 1995.
Communication from His Honor, Mayor Robert E. Metivier, submitting the following appointment as a member of the Juvenile Hearing Board FOR CONFIRMATION:
Rigas C. Papagolos, 127 West Lawn Avenue. Term expires the first Monday in December, 1995 is Read and Ordered Filed.
The following nomination, submitted by His Honor, Mayor Robert E. Metivier, for confirmation is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
JUVENILE HEARING BOARD
Rigas C. Papagolos, 127 West Lawn Avenue. Term expires the first Monday in December, 1995.
THE FOLLOWING INFORMAL HEARING IS TAKEN UP:
AUTO REPAIR SHOP LICENSE:
B. Baron Automotive, Inc., 25 Hazel Street, Pawtucket, RI.
Speaking for B. Baron Automotive, Inc., is Herman Ramdeen, license holder.
The Council discusses with Mr. Ramdeen alleged violations of the stipulations on his license.
Mr. Ramdeen states why the following stipulations have not been met:
1. Removal of bobbed wire.
2. Putting in speed bump.
3. Putting in exhaust system.
Mr. Remdeen states that the owner of the building will not allow him to make any changes to the property until he purchases it. He hopes to purchase the building by the end of this year.
He also states that the Department of Environmental Management has told him that putting in a speed bump could cause a problem with water build up on the property.
There are no other speakers.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following changes to the stipulations on the following license are approved on a unanimous voice vote:
1. The time for removing the bobbed wire and putting in the exhaust system is extended until March 15, 1995.
2. The stipulation requiring a speed bump is removed.
AUTO REPAIR SHOP LICENSE
B. Baron Automotive, Inc., 25 Hazel Street, Pawtucket, RI.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Councilor Vieira reports that the Ordinance Committee recommends passage of the following Ordinance with the following amendment:
Amendment
Article III
Section 3–3 (H) (2)
(2) The Commission shall reject an application for demolition except when in the opinion of the Director, Fire Chief, or the Public Safety Director, the building constitutes a hazard to public safety, all efforts having failed to sell the structure to a party who is willing to preserve the structure.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon Motion made by Councilor Hodge, seconded by Councilor Demopulos, the amendment to the Ordinance entitled "ORDINANCE REPEALING 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. AS AMENDED" is changed and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
Article III
Section 3–3 (H) (2)
(2) The Commission shall approve an application for demolition when in the opinion of the Director, Fire Chief, or the Public Safety Director, the building constitutes a hazard to public safety.
The following Ordinance is read for the first time AS AMENDED and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - 0
THE FOLLOWING APPLICATIONS FOR LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 9, 1994, AND ARE AGAIN TAKEN UP AND ARE GRANTED WITH THE FOLLOWING STIPULATIONS ON A UNANIMOUS VOICE VOTE:
*STIPULATIONS
1. All repairs will be done inside the building.
2. All tow trucks to enter through Esten Avenue entrance.
3. No painting or auto body work.
4. No vehicles left outside on the lot overnight.
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE
Riyaat Van Eden & Francisco Santiago, d/b/a R & P Auto Repair (previously Antonio Villar d/b/a Antonio’s Auto Repair) 64 Woodlawn Avenue, LIC#30173 & #40159
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
C M Teens Inc. d/b/a Images, for license to conduct Adult Alcohol Free Dance Club, 44 East Avenue, on Tuesday, Wednesday, Thursday, Friday, Saturday, & Sunday, evenings for the year ending 12/31/1995 LIC#1052
SUNDAY SALES (SECOND CLASS) RENEWAL
Precision Harley Davidson Inc., 269 Armistice Boulevard, LIC#20203
VICTUALLING HOUSE (FIRST CLASS) RENEWALS
Stephen Clarke d/b/a Fairlawn Grille, 87 Power Road, LIC#339
Berg Eatery Inc d/b/a Valerie Anne’s, 727 East Avenue, LIC#255
Bess Eaton Donut Flour Co. Inc. d/b/a Bess Eaton Donuts of Newport Avenue, 1242 Newport Avenue, LIC#17
Celeste Klemanchuck d/b/a All Star Ice Cream, 171 Pawtucket Avenue, LIC#334
Darlington Market Inc d/b/a Darlington Market, 614 Central Avenue, LIC#341
Fola Sule d/b/a Toofs Market, 916 Main Street, LIC#342
GI Veterans Association Club Inc d/b/a Archie’s Tavern, 47 Mendon Avenue, LIC#82
Ilha Verde Club Inc., 447 Mineral Spring Avenue, LIC#94
M.J. Restaurant Inc. d/b/a The New Time Square Restaurant, 3 1/2 Exchange Street, LIC#123
Stooge’s Inc., d/b/a Stooge’s Pub & Deli, 90 Broad Street, LIC#241
T.S. Co. Inc., d/b/a Teddy’s Pizza Restaurant, 287 Pawtucket Avenue, LIC#191
Manuel R. Vasquez d/b/a Dominican Super Market, 339 Weeden Street, LIC#202
Vet’s Bar & Grill Inc., 623 Central Avenue, LIC#204
Xuan Ping Xu d/b/a Ping Garden Restaurant, 295 Armistice Boulevard, LIC#338
VICTUALLING HOUSE (SECOND CLASS) RENEWALS
Celeste Klemanchuck, d/b/a Celeste Woodlawn Fish & Chip, 701 Main Street, LIC#216
Lafogata Inc d/b/a Lafogata Mexican Restaurant, 727 East Avenue, LIC#217
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Irene Birmingham - $10,000.00
Antonio Calabro - $305.38
Kevin DaSilva - No amount specified
Patricia A. Hughes - $35.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS THE FOLLOWING CLAIMS FOR DAMAGES ARE APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilors Bray, Doyle, Hodge, Kinder, Moran and Vieira.
Noes - Councilor Demopulos.
Claim of Julio DoCouto, in the amount of 408.05
Claim of Lorraine Rondeau, in the amount of 466.75
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT FOR FURTHER REVIEW:
Claim of Robert Bowe, in the amount of $1,852.17/$669.00
Claim of Irene H. Jablecki, in no amount specified.
Claim of Amy Shook, by her attorney Charles J. Vucci, Esq., in no amount specified.
Claim of Walter Zuba, in the amount of $485.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS DENIED - CLAIMANT TO CONTACT WATER SUPPLY BOARD:
Claim of Regina Karmooch, in the amount of $60.63
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS DENIED - CLAIMANT TO CONTACT SCHOOL DEPARTMENT:
Claim of Lydia Negron and Herman Arocho, by her attorney Martin D. Harris, in no amount specified.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES ARE DENIED:
Claim of David Soscia, in the amount of $156.92
Claim of Daniel E. Zenga, in the amount of $200.61
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following claim:
Claim of Annlyn Realty Inc., in no amount specified.
Upon Motion made by Councilor Vieira, seconded by Councilor Demopulos, the following claim is referred to the Committee on Claims and Pending Suits:
Claim of Annlyn Realty Inc., in no amount specified.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Sergeant Raymond Lawrence; Richard E. DeLyon, Chief of Police and William T. Noonan, Director of Public Safety, asking them to attend a pre-council session of the City Council, on Wednesday, December 7, 1994, to discuss problems with the crossing guards, particularly one on Power Road.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael J. Woika, P.E., Chief Engineer, Water Supply Board, regarding the flushing of the hydrants in Pawtucket. Councilor Vieira has received complaints from residents in the Fairlawn area about the rust they are having to deal with close to dinnertime because the flushing is taking place between 3:00 and 4:00 pm in the afternoon.
The Council would like to know if it would not be less of an inconvenience to the residents if the flushing were done later at night, around 9:00 or 10:00 pm when there is less water being used.
The Council would also like to know if he checks the weather forecast prior to doing any flushing to prevent freezing of the water which is flushed on the streets. The Council is concerned that if this water is flushed during a very cold spell, people could slip and fall on the ice.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilors Hodge and Moran, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Ferdinand C. Ihenacho, P.E., Director of Public Works, regarding the retrofitting of the street lights in the City of Pawtucket. Councilor Vieira and other Councilors have received complaints from people who live on the streets which have been retrofitted about the quality and amount of lighting that the new lights provide.
The Council would like a list of the streets which have already been retrofitted and is requesting that Mr. Ihenacho ask Blackstone Valley Electric to stop any future retrofitting until a study can be done to determine the safety factor of the new lights.
One question which was brought up is whether there was any change in the crime rates on those streets which have already been retrofitted.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following Motion made by Councilor Hodge, seconded by Councilors Kinder and Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, regarding the demolition of 165 Pine Street in Pawtucket. At the meeting it was brought up that the demolition was being held up pending approval by the law office. The Council would like to know what is holding up this approval.
THE COUNCIL RECESSES AT 7:36 O’CLOCK P.M. TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT EIGHT O’CLOCK P.M.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Anthony N. Leo-Mensah d/b/a Auto City Repair Shop (Previously Jose Camara d/b/a Camara’s Auto Repair) 500 Mineral Spring Avenue, Tax Assessor’s Plat 51, Lot 174, 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:
Speaking in favor is Michael Devane, Attorney for applicant, 103 Cottage Street, Pawtucket, RI, and Anthony Leo-Mensah, applicant, 46 California Avenue, Providence, RI.
Mr. Devane states that there will be no changes to the operation. They will have the same mechanic and there will be no body work.
They understand the limits on hours of operation. They will change the sign that is there now and will not add any new signs. Mr. Leo-Mensah will speak to the landlord about putting up a fence as requested by the Pawtucket Redevelopment Agency.
There will be no parking on the sidewalk.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Council Bray, seconded by Councilor Kinder, the following applications for licenses are GRANTED with the following stipulations an a unanimous voice vote:
*STIPULATIONS
1. No autos on sidewalk, only on the lot.
2. Fence must be put up on west side of the property by May 15, 1995.
3. No auto body work or painting.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Anthony N. Leo-Mensah d/b/a Auto City Repair Shop (Previously Jose Camara d/b/a Camara’s Auto Repair) 500 Mineral Spring Avenue, Tax Assessor’s Plat 51, Lot 174, to keep a shop for the purpose of purchasing and selling used articles, specifically used automobiles and repairing same. LIC#30172 & LIC#40160
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Communication from Kevin J. Shea, Executive Director, Pawtucket Redevelopment Agency, to Pawtucket City Council. (Auto City Repair Shop, 500 Mineral Spring Avenue)
Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the following communication is Read and Ordered Filed.
Communication from Kevin J. Shea, Executive Director, Pawtucket Redevelopment Agency, to Pawtucket City Council. (Auto City Repair Shop, 500 Mineral Spring Avenue)
COUNCIL PRESIDENT JOHN J. BARRY, FORMALIZES THE FOLLOWING APPOINTMENTS TO SERVE ON THE COMMITTEE AS REQUIRED BY CHAPTER 2024 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AN ORDINANCE CREATING NEW PENALTIES FOR TRAFFIC VIOLATIONS, AS AMENDED:"
J. Raymond Kinder - Chairman
Gil Arundale, Pawtucket Police Department.
Janice M. LaPorte, Deputy City Clerk.
Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the meeting is adjourned at eight o’clock p.m.