City Council, October 19, 1994
A regular session of the City Council is held Wednesday, October 19, 1994, at eight eighteen o’clock p.m. All the members are present and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE THE PRE-COUNCIL AGENDA.
THE COUNCIL RECONVENES AT EIGHT FORTY-FIVE O’CLOCK TO CONDUCT THE FORMAL HEARING ON THE FOLLOWING:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE.
Star Auto Sales, Inc., 512 York Avenue.
The following are present at the Formal Hearing:
Frank Milos, Assistant City Solicitor, representing the City; Officer William P. Magill, Pawtucket Police Department.
Stenographer - Sandra Bachini Gaboriault.
Frank Milos introduces the following documents into the Record:
1. SUMMONS TO STAR AUTO SALES, INC., 512 YORK AVENUE.
2. APPLICATIONS FOR AUTO REPAIR SHOP AND SECOND HAND SHOP LICENSES.
3. COMMUNICATION FROM ANTONIO SALVATORE, PRESIDENT OF STAR AUTO SALES INC., AGREEING TO STIPULATIONS ON HIS SECOND HAND SHOP LICENSE.
4. POLICE REPORT CR. NO. 94–49275.
5. COMMUNICATION FROM ANTONIO SALVATORE REGARDING CONCERNS OF HIS NEIGHBORS ON YORK AVENUE.
THE DETAILED TESTIMONY OF THE FORMAL HEARING MAY BE FOUND IN THE VAULT IN THE CITY CLERK’S OFFICE.
THE COUNCIL RECESSES AT EIGHT FIFTY-TWO O’CLOCK P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
ORDINANCE RELATING TO MINORS; PRESCRIBING THE CURFEW FOR JUVENILES.
THE COUNCIL RECONVENES AT NINE TWENTY-FIVE O’CLOCK P.M.
The reading of the records of October 5, 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:
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Kinder, Rabbitt and Vieira.
Noes - Councilors Demopulos, Hodge and Moran.
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:
ORDINANCE RELATING TO MINORS; PRESCRIBING THE CURFEW FOR JUVENILES.
ADD: SECTION 3 - Curfew - Jurisdiction
All persons in violation of this Ordinance shall be referred to the Juvenile Hearing Board for adjudication.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Vieira, the AMENDMENT to the ordinance entitled "ORDINANCE RELATING TO MINORS; PRESCRIBING THE CURFEW FOR JUVENILES, is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Kinder, Rabbitt and Vieira.
Noes - Councilors Demopulos, Hodge and Moran.
ADD: SECTION 3 - Curfew - Jurisdiction
All persons in violation of this Ordinance shall be referred to the Juvenile Hearing Board for adjudication.
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, Doyle, Kinder, Rabbitt and Vieira.
Noes - Councilors Demopulos, Hodge and Moran.
ORDINANCE RELATING TO MINORS; PRESCRIBING THE CURFEW FOR JUVENILES. AS AMENDED
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
Councilor Rabbitt states for the record that he supports the "Curfew" Ordinance with a six month sunset clause. After six months, the Council would reconsider the need for and effectiveness of the ordinance.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, Councilor Rabbitt introduces the following communications:
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following communications are READ AND ORDERED FILED.
Communication from John Lendvai, Agency Auto Sales, Inc., East Coast District Manager, to Agency Auto Sales, Inc. (Condition for license)
Communication from George C. Gardiner, to Mr. John Lendvai, East Coast Manager, Agency Auto Sales, Inc. (Conditions for license)
The following applications for licenses were LAID ON THE TABLE at the meeting held on October 5, 1994, and are again taken up and are GRANTED with the following stipulations on a unanimous voice vote:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE.
Agency Auto Sales Inc, 170 York Avenue. LIC#30167, LIC#40155
STIPULATIONS:
1. No public display of automobiles for sale.
2. No auto-body (including painting) or major mechanical work to be done on the premises. Minor repairs such as changing light bulbs, wipers blades, etc. will be allowed.
3. No flags or banners.
4. Agency Auto Sales, Inc., will not rent or lease a flatbed or tow-truck or have any vehicle towed to the 170 York Avenue location after 5:00 PM
5. No un-authorized use of city owned property in rear of the building.
6. Hours of business will be limited to 8:00 AM to 5:00 PM, Monday through Friday, no weekends except for completion of office paper work only.
7. Dumpster will be placed out of site and smell of abutting properties.
8. Customers parking will only be permitted in legal parking spaces.
9. Any alarm system will be registered with Pawtucket City Police and will have automatic reset.
10. No guard dogs will be allowed.
11. A six-foot (6’) fence must be erected separating this operation from view of Wellesley Avenue. It must be completed November 18, 1994.
THE COUNCIL RECESSES AT TEN TWENTY-FIVE O’CLOCK P.M. TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT TEN FORTY-SIX O’CLOCK P.M.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following purchase orders.
Four purchase orders by Pawtucket School Department, to C.P.U. 140 Park View Boulevard, Cranston, RI.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following purchase orders are Read and Ordered Filed.
Four purchase orders by Pawtucket School Department, to C.P.U. 140 Park View Boulevard, Cranston, RI.
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 Paul Wildenhain, Chairman, Pawtucket School Committee, School Administration Building, regarding purchases made by the School Department from CPU for computer equipment.
UPON MOTION MADE BY COUNCILOR KINDER, SECONDED BY COUNCILOR MORAN, THE MEETING IS EXTENDED UNTIL 11:30 O’CLOCK PM ON A UNANIMOUS VOICE VOTE.
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
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
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
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
Upon recommendation of the Finance Committee, the following Resolution is read and passed as AMENDED on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
AMENDMENT
Exclude Xey Corporation for years 1981, 1982 and 1983 and reducing the total to $1,228,357.97
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, Rabbitt and Vieira.
Noes - 0
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, Rabbitt and Vieira.
Noes - 0
The following ordinance is Laid on the Table and referred to the Ordinance Committee on a unanimous voice vote:
ORDINANCE IN AMENDMENT OF CHAPTER 2369 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, "AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED ‘HAWKERS AND PEDDLERS’ AS AMENDED"
The following applications for licenses were LAID ON THE TABLE at the meeting held on October 5, 1994, and are again taken up and are GRANTED on a unanimous voice vote:
AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE
Leo Betances d/b/a San Miguel (previously Jose Perez d/b/a Candy’s Auto Body), 519 Broadway. LIC#30165, LIC#40153
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS)
Casa De Vicente Inc. (previously Leader Restaurant Inc. d/b/a Hong Kong Islander) 270 Dexter Street, LIC#00344
ENTERTAINMENT
Petition of St. Edward’s Church, for license to conducted Fund Raiser Bazaar, on the Church Lot, on November 5 & 6, 1994. LIC#945M
FLOWER PEDDLER (NEW)
Siena Izzo, Res: 32 Second Street, LIC#205
PIN BALL & AMUSEMENT DEVICES - NEW
DABD & AJD Inc. d/b/a The Home Plate, 602 Smithfield Avenue, (1) LIC#70038
SUNDAY SALES (SECOND CLASS) NEW
Classic Closeouts, Ltd., 727 East Avenue, LIC#20233
SUNDAY SALES (FIFTH CLASS) NEW
Siena Izzo, 32 Second Street, Pawtucket, RI 20232
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Julio DoCouto - $816.05/1,000.00
Regina Karmooch - $60.63
Lydia Negron and Herman Arocho - No amount specified
Lorraine Rondeau - $933.51/1,169.73
David Soscia - $156.92
Daniel E. Zenga - $200.61
Walter Zuba - $485.00
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 - Councilors Demopulos and Rabbitt.
Claim of Richard E. Davey Jr., in the amount of $1011.00
Claim of Christine A. Duquette, in the amount of $465.00
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 Glenn Maston, in the amount of $278.00
Claim of Kyle Demers, by his attorney Edward C. Roy, Esq. in no amount specified.
Claim of Dawn Mendes, in no amount specified.
Claim of John M. Monteiro, in the amount of $735.48/$744.16
Claim of John T. Rocha, in no amount specified.
Claim of Slater Food Inc d/b/a Slater Park Concessions by their attorney James T. Higgins Jr. Esq. in no amount specified.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS DENIED:
Claim of Joseph Monaghan, in the amount of $69.50
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 Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, requesting that he inspect B. Baron Automotive, Inc., at 25 Hazel Street, to determine if they are in compliance with the stipulations on their license.
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 Janice Fagan, Executive Board, Beverage Hill Condo Association, to Councilor Kevin J. Rabbitt. (Regarding taxes, sewer bills and trash)
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 Ferdinand C. Ihenacho, P.E., Director of Public Works and Jack Rahill, Finance Director, requesting that they respond to the letter from Janice Fagan regarding City taxes, sewer bills and trash.
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 William T. Noonan, Director of Public Safety, requesting that he reinstate full-time crossing guards at the intersection of Monticello Road and Industrial Highway and the intersection of Lincoln Avenue and Columbus Avenue.
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 Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, requesting that he inspect 771 Cottage Street for debris and other code violations. Also Councilor Moran would like him to check for tires that have been dumped on Monroe Street and if at all possible, determine if these tires came from this Cottage Street address.
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 ask if it is feasible to enforce a part-time one-way restriction on Bloodgood Street between Gould and Benefit Streets. This one-way, if implemented, would be during the peak times for children travelling to and from school in the morning and in the afternoon. If this is not enforceable, the Council would like his opinion on a permanent one-way on that portion of Bloodgood Street.
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 Ferdinand C. Ihenacho, P. E., Director of Public Works, and to Steven Durand, Chairman of the Parks Commission, requesting that they respond to the enclosed letters from Save the Park.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following Motion made by Councilor Kinder, 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 testing of the water.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at eleven eighteen o’clock p.m.