City Council, October 5, 1994
A regular session of the City Council is held Wednesday, October 5, 1994, at eight o’clock p.m. All the members are present except Council President Barry and Councilor Doyle and President Pro-Tempore Vieira presides.
The reading of the records of September 21, 1994, is dispensed with and the Records are approved as prepared by the Clerk.
Upon Motion made by Councilor Kinder, seconded by Councilor Hodge the *Consent Agenda is approved on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following communication:
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following communication is READ AND ORDERED FILED.
Communication from Mayor Robert E. Metivier, to Pawtucket City Council. (Supporting Joseph Keough as Municipal Court Judge)
ELECTION OF CITY OFFICER. (3 year term)
JUDGE OF MUNICIPAL COURT
The Election of Joseph A. Keough as Judge of Municipal Court, to fill the unexpired term of John A. Mutter is PASSED on a roll call vote, as follows:
Ayes - President Pro-Tempore Vieira, Councilors Bray, Demopulos, Kinder, Moran and Rabbitt.
Noes - 0
Abstains - Councilor Hodge.
JOSEPH A. KEOUGH IS ELECTED JUDGE OF MUNICIPAL COURT.
COUNCILOR DOYLE ARRIVES AT 8:04 PM.
THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
A. Communication from Roberta H. Johnson, CMC, Town Clerk, Town of Coventry, to the City of Pawtucket. (Resolution Requiring State Budget Resolved Prior to Local Budgets)
C. Memorandum from Chief Richard E. DeLyon to Richard Goldstein, City Clerk. (Auto Repair Shops on Broadway)
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 J. Woika, P.E., Chief Engineer, Water Supply Board, regarding the necessary clearances, for the Public Works Department to do the work on Slater Park Avenue and Mineral spring Avenue.
Petition of Joel P. Moss, General Manager, Narragansett Coated Paper Corp., requesting the abandonment of Evergreen Street between York Avenue and Industrial Highway IS READ AND ORDERED FILED AND REFERRED TO CITY PLANNING COMMISSION, ENGINEERING DEPARTMENT, PUBLIC WORKS DEPARTMENT AND THE CITY PROPERTY COMMITTEE.
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 set up a formal hearing regarding Star Auto Sales, Inc., for the following reasons:
1. Alleged violations of the stipulations on his Second Hand Shop License and Auto Repair Shop License;
2. Alleged violations of the Auto Repair Shop Ordinance;
3. Failure to appear at a meeting of the Pawtucket City Council;
4. To show cause why his license and the right to operate should not be revoked by the Pawtucket City Council.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Agency Auto Sales Inc, 170 York Avenue, Tax Assessor’s Plat 38, Lot 248, 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#30167, LIC#40155
Speaking in favor is John Lenduai, 16 East Dodges, Norton, MA.
Mr. Lenduai states that he runs the fleet center at 803 Taunton Avenue, in East Providence, and they are moving back to Pawtucket after 2 years.
Mr. Lenduai states that he is renting 3 garages to do inspections on the cars prior to going to the rental offices. Most repairs are done by other shops.
Mr. Lenduai states that they average about 75 cars per month, and about 20 cars move in and out each day. The hours of operation will be from 8:00 am - 5:00 pm., Monday-Friday.
Mr. Lenduai states that most of the land is behind the building. There is 140 ft to the fence and 250 ft in the other direction.
There are 26 employees, 6 full time. The parking is in the lot, there is no need to pave the lot.
Speaking in favor is Elizabeth Wilson, 185 York Avenue, Pawtucket, RI.
Mrs. Wilson is concerned about people using her lot. She owns W.T. Wilson. She doesn’t object; she just wants protection.
Speaking is opposition is Jean Fonseca, 31 Wellesley Avenue, Pawtucket, RI.
Ms. Fonseca states that the property is used for several uses. The current owner is loud, because of boomboxes and trucks. Ms. Fonseca is concerned about where 75 cars will go and she is concerned about access to the property.
Speaking in opposition is Cheryl Ann Shloul, 150 York Avenue, Pawtucket, RI.
Ms. Shloul states that she is concerned about the traffic and small children in the area.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following applications for license are LAID ON THE TABLE on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Agency Auto Sales Inc, 170 York Avenue, Tax Assessor’s Plat 38, Lot 248, to keep a shop for the purpose of purchasing and selling used articles, specifically used automobiles and repairing same. LIC#30167, LIC#40155
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Leo Betances d/b/a San Miguel (previously Jose Perez d/b/a Candy’s Auto Body), 519 Broadway, Tax Assessor’s Plat 8, Lot 186, to keep a shop for the purpose of purchasing and selling used articles, specifically used auto parts, and repairing same, which was advertised for a hearing at this time, is taken up: LIC#30165, LIC#40153
Speaking in favor is Leo Betances, 175 Rowland Street, Central Falls, RI, and Alan Sanchez, 53 Cross Street, Pawtucket, RI.
Mr. Sanchez translates for Mr. Betances.
The hours will be 8:00 am - 6:00 pm., Monday-Friday, 1/2 day on Saturdays.
Mr. Betances states that he has experience in the business, but not as an owner. He has managed a body shop for Mr. Garcia in Central Falls for two years. He wants to be independent. He knows of past problems at this location because he is friends with the current owner. He will have fewer cars on the lot and will pay more attention to the business.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Doyle, 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 Leo Betances d/b/a San Miguel (previously Jose Perez d/b/a Candy’s Auto Body), 519 Broadway, Tax Assessor’s Plat 8, Lot 186, to keep a shop for the purpose of purchasing and selling used articles, specifically used auto parts, and repairing same. LIC#30165, LIC#40153
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 J. McConaghy, Pawtucket Police Department, to ask for an update on the P.T.E. Program, since April of this year.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Division Brakes Inc., 272 Broadway, Tax Assessor’s Plat 22, Lot 26, to keep a shop for the purpose of purchasing and selling used articles, specifically used auto parts, and repairing same, which was advertised for a hearing at this time, is taken up: LIC#30168, LIC#40156
Speaking in favor is Mark Krieger, Attorney for applicant, 132 Old River Road, Lincoln, RI, and Baldomero Sufran, applicant, 278 Waverly Street, Providence, RI.
Mr. Krieger states that the company was purchased in 1985 by Mr. Sufran and his partner, and they have all the state permits. They have paid all City taxes. He states that it slipped through the cracks regarding their City license.
Mr. Sufran states that the hours of operation will be from 8:00 am - 5:00 pm., Monday-Friday, and Saturday from 8:00 - 2:00 pm. He has 3 bays and he keeps 8 cars on the lot. He has 4 employees.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Moran, seconded by Councilor Demopulos, the following applications for licenses are GRANTED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Division Brakes Inc., 272 Broadway, Tax Assessor’s Plat 22, Lot 26, to keep a shop for the purpose of purchasing and selling used articles, specifically used auto parts, and repairing same. LIC#30168, LIC#40156
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 Richard E. DeLyon, Chief of Police, to request a breakdown over the last twelve months of all calls relating to, and crimes committed by juveniles.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Front Street Auto Inc., 458 Broadway, (change of location from 205 Front Street), Tax Assessor’s Plat 7B, Lots 166 & 167, 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#30166, LIC#40154
Speaking in opposition is Alfred Wood, 119 Carnation Street, Pawtucket, RI.
Speaking in opposition is Walter Lonczak, 47 Lupine Street, Pawtucket, RI.
Mr. Lonczak states that there are problems with parking on Lupine Street, and there has been problems with the previous businesses. He states that there are many kids in the neighborhood.
Speaking in opposition is Lonnie Newman, 15 Winthrop Street, Rehoboth, MA.
Mr. Newman is a Trustee of the Union Baptist Church, which abuts this property.
There are problems with fumes from cars, junks, etc.
Speaking in opposition is Arthur Qualls, 180 John B. Scott Boulevard, Norton, MA.
Mr. Qualls is a representative of the Church on Lupine Street.
He states that there are problems with this Front Street property. He is concerned about rats, junks, oil. He believes this shop will decrease property values.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Doyle, seconded by Councilor Moran, the following applications for licenses are DENIED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Front Street Auto Inc., 458 Broadway, (change of location from 205 Front Street), Tax Assessor’s Plat 7B, Lots 166 & 167, to keep a shop for the purpose of purchasing and selling used articles, specifically used automobiles, and repairing same. LIC#30166, LIC#40154
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Warren Tire Co., Inc. d/b/a Warren Tire, 420 Broadway, Tax Assessor’s Plat 20, Lot 530, to keep a shop for the purpose of purchasing and selling used articles, specifically used tires, and repairing automobiles, which was advertised for a hearing at this time, is taken up: LIC#30169, LIC#40157
Speaking in favor is Anthony Vacca, Attorney for applicant, 10 Dorrance Street, Providence, RI.
Mr. Vacca states that the business has been there since 1961. It is very clean, and there are no cars or tires on the lot on a Sunday. There are 10 employees. He has all state and federal permits and has paid all City taxes.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Doyle, seconded by Councilors Moran and Rabbitt, the following applications for licenses are GRANTED on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Warren Tire Co., Inc. d/b/a Warren Tire, 420 Broadway, Tax Assessor’s Plat 20, Lot 530, to keep a shop for the purpose of purchasing and selling used articles, specifically used tires, and repairing automobiles. LIC#30169, LIC#40157
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, Moran and Rabbitt.
Noes - 0
Submitted By: Councilor George K. Demopulos
Upon recommendation of the Ordinance Committee, the following Resolution is READ AND TAKEN UNDER ADVISEMENT on a unanimous voice vote:
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, Demopulos, Doyle, Hodge, Kinder, Moran and Rabbitt.
Noes - 0
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, Demopulos, Doyle, Hodge, Moran and Rabbitt.
Noes - 0
Abstain - Councilor Kinder.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:
ORDINANCE IN AMENDMENT OF CHAPTER 4.5 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AUTO BODY SHOPS AND REPAIR SHOPS," (Maximum Number of Automobile Repair Shop Licenses)
ADD THE FOLLOWING SENTENCE TO SECTION 1:
The maximum number of automobile repair shop licenses in the City of Pawtucket shall be the number that is in existence at the time of the passage of this ordinance. Said maximum does not include those licenses for any new or used automobile dealership or for any establishment holding a Second Hand Shop License for the sale of used automobiles.
Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the AMENDMENT to the ordinance entitled "ORDINANCE IN AMENDMENT OF CHAPTER 4.5 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED "AUTO BODY SHOPS AND REPAIR SHOPS," (Maximum Number of Automobile Repair Shop Licenses), 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
ADD THE FOLLOWING SENTENCE TO SECTION 1:
The maximum number of automobile repair shop licenses in the City of Pawtucket shall be the number that is in existence at the time of the passage of this ordinance. Said maximum does not include those licenses for any new or used automobile dealership or for any establishment holding a Second Hand Shop License for the sale of used automobiles.
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, Moran and Rabbitt.
Noes - 0
THE FOLLOWING ORDINANCE IS INTRODUCED BY THE ORDINANCE COMMITTEE TO BE LAID ON THE TABLE WITH A RECOMMENDATION TO BE APPROVED:
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO ORDINANCE COMMITTEE:
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. ADOPTION OF NEW ZONING ORDINANCE, READOPTING EXISTING ZONING MAPS AND PROPOSING CHANGES AS LISTED IN SECTION 2.
SET DATE FOR PUBLIC HEARING TO BE HELD ON WEDNESDAY, NOVEMBER 9, 1994, 8:00 PM.
The following applications for licenses were LAID ON THE TABLE at the meeting held on September 21, 1994, and are again taken up and are GRANTED with the following stipulations on a unanimous voice vote:
*STIPULATIONS
1. Right-of-way on easement must be kept open at both ends.
2. Property is to be kept clean.
AUTO REPAIR SHOP & SECOND HAND SHOP LICENSES:
William Martin d/b/a Village Transmission, 514 Broadway, (Unit B), LIC#30164, LIC#40152
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following communication:
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following communication is Read and Ordered Filed.
Communication from Sheryl S. Rabbitt, to Pawtucket City Council. (Property on 515 Broadway)
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 Kevin Shea, Executive Director, Pawtucket Redevelopment Agency, regarding the letter from Sheryl S. Rabbitt, to investigate to determine if the Neighborhood Development Funding Agreement has been violated, based on the concerns stated in the letter.
The Council would also like Mr. Shea to meet with Mike Burns, Traffic Engineering Supervisor, to outline the easement on the property near Richo’s Market, so that all of those who are affected can see where it is.
The following applications for licenses were LAID ON THE TABLE at the meeting held on September 21, 1994, and are again taken up and are GRANTED on a unanimous voice vote:
AUTO REPAIR SHOP AND SECOND HAND SHOP LICENSES.
Aram Sarkisian d/b/a Gansett Sunoco (previous owners Norman & Filomena Duquette) 1101 Newport Avenue LIC#30163, LIC#40151
*THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
PUBLIC LAUNDRY - NEW
Oladipo Solola d/b/a Langley’s Laundry (previously Abiodun Shokunbi d/b/a Langley’s Laundry) 265 Pawtucket Avenue LIC#A0043
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PRIVATE DETECTIVE -
Daniel A. Silveira, surety - The Hanover Company
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Robert Bowe - $1,852.17/$669.00.
Irene H. Jablecki - no amount specified.
Amy Shook, by her attorney Charles J. Vucci, Esq., - no amount specified.
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 Engineering Supervisor, Public Works Center, requesting that Mr. Burns post "No Parking to Corner" signs on both sides of Littlefield Street at the intersection of Armistice Boulevard. These signs should be visible to people travelling South on Littlefield Street.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Doyle, 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, regarding the parking lot at the Brooks Drug Headquarters on Primrose Street.
THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.
With majority consent of the Council, the following Motion made by Councilor Demopulos, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Fred Ihenacho, Director of Public Works, Owen Devine, Water Supply Board, Robert Forsher, Fire Chief, Frank Aveno, Commander, Susan Reed, Director of Public Library, Jack Rahill, Finance Director, regarding a Master Lease Purchase Agreement. The Council would like all in attendance to answer any questions there may be regarding purchases requested by the different departments.
THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.
With majority consent of the Council, the following Motion made by Councilor Demopulos, seconded by Councilor Rabbitt, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Robert E. Metivier, to inform the Mayor of the Council’s support, assistance, and cooperation with the Mayor and the administration in their efforts to keep the Pawtucket Red Sox in the City of Pawtucket.
Upon Motion made by Councilor Kinder, seconded by Councilor Rabbitt, the meeting is adjourned at nine thirty-two o’clock p.m.