City Council, September 7, 1994
A regular session of the City Council is held Wednesday, September 7, 1994, at eight one o’clock p.m. All the members are present except Councilor Vieira and President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO MEET AS THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT EIGHT FIFTEEN O’CLOCK PM.
The reading of the Records of August 24, and 29, 1994, is taken up.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge requests that his statement made prior to the voting on the appointments to the Board of Appeals at the August 24, 1994, meeting be included for the record as follows, "I will be abstaining from voting on the appointments to the Board of Appeals, on advise of Counsel, because of business associations with a member controversially dismissed.
Upon Motion made by Councilor Kinder, seconded by Councilor Demopulos, the reading of the Records of August 24, 1994, AS AMENDED, and August 29, 1994, are approved as prepared by the Clerk.
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:
*CORRESPONDENCE
Antero L. Martins, 54 Ferncrest Drive
(to fill unexpired term of Maureen L. Mallon)
Term expires first Monday in January, 1997.
The following appointment of Antero L. Martins to serve as a Member of the City Planning Commission is confirmed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Kinder, Moran, and Rabbitt.
Noes - 0
MEMBER OF THE CITY PLANNING COMMISSION
Antero L. Martins, 54 Ferncrest Drive
(to fill unexpired term of Maureen L. Mallon)
Term expires first Monday in January, 1997.
Petition from Pamela K. Greenwood, E/P Manager - Right of Way, New England Telephone Company to Richard J. Goldstein, City Clerk. (Joint Pole Relocation - School Street) is READ AND ORDERED FILED AND APPROVED PENDING APPROVAL OF DIRECTOR OF PUBLIC WORKS.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum Street, Tax Assessor’s Plat 54, Lot 539, 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#30162, LIC#40150
Speaking in favor is Roland Nadeau, applicant, 299 Central Avenue, Seekonk, MA.
Mr. Nadeau states that he has had an auto body license for 7–10 years. On an inspection done by Frank Rendine it was suggested to him that he obtain an auto repair shop license because of the used parts used and repairs being made to automobiles at the time of the auto body work. This is the reason he is before the Council tonight.
Council President Barry asks Mr. Nadeau if he is aware of the problems with his property and the code violations as cited in Mr. Rendine’s letter which is on this evening’s docket.
Mr. Nadeau replies that he did not know that he was in violation of any code and he is surprised to learn of Mr. Rendine’s letter at this hearing.
Mr. Nadeau states that there is one neighbor who is constantly complaining about his business and has more than once told him that he would put him out of business if he stayed in the area, because of a police incident which involved them and the Almeida’s.
Mr. Nadeau replies to one of Mr. Rendine’s items listed in his letter regarding cars parked on the sidewalk. Mr. Nadeau states that he did not realize that this was considered a sidewalk and he would not continue to have cars parked there.
As far as beer cans and signs, he collects beer cans and antiques.
The item in Mr. Rendine’s letter listing the dumpster not being enclosed, Mr. Nadeau was not aware it had to be and he will take care of having it enclosed in the morning.
Speaking in favor of the application is Linda Nadeau, 299 Central Avenue, Seekonk, MA.
Mrs. Nadeau states that their business looks as good as any other building in the neighborhood. They deal with restoring cars. The automobiles on there property are not considered junk. They are in the process of being restored and this is the type of business that they are in. As far as Mrs. Nadeau knows there is only one person complaining about this business and she feels it is not fair that they were not notified of the violations which are on this evening’s docket submitted by Frank Rendine.
Council President Barry states that there are other neighbors who have complained and not just the one person the Nadeau’s are referring to.
Speaking in opposition is Attorney Maurice Caron, Jr., 226 Cottage Street, Pawtucket, RI, representing Maria Almeida who lives at 11 Buffum Street.
Attorney Caron states that Mrs. Almeida lives directly next door to the applicant’s business. Mr. Caron submits three police reports dated September 1, 1994, April 4, 1994 and February 22, 1994 to be made part of the record.
Mr. Caron states that the Nadeau’s are violating city ordinance which states that an auto body business shall not operate on Sundays or evenings. If the Council wishes to grant this license, he would request that a restriction be placed on their license which would restrict the hours to 7:00 pm in the evening and no hours on Sunday.
Mr. Caron states that he is concerned about the health and the conditions of the neighborhood with the way the Nadeau’s run their business and he is against the approval of an auto repair shop license or a second hand shop license.
Mrs. Almeida refers to a comment made by Mr. Nadeau regarding an incident which occurred sometime ago. Mrs. Almeida states that what went on was between herself and her son and has nothing to do with this hearing and resents the Nadeau’s making reference to something in the past. Mrs. Almeida states that paint odors come into her house and they do work outside the building. She is requesting that the City enforce the ordinances regulating this type of business.
Mrs. Almeida further states that they sometimes work until 1:00 - 2:00 AM and she is against the granting of this license.
Speaking in opposition is Max Almeida, 11 Buffum Street, who introduces himself as an ex-convict.
Mr. Almeida states that Mrs. Nadeau had no place bringing up his past. Mr. Almeida further states that this place is too small for the type of business being run by the Nadeau’s and he requests that the violations listed in Mr. Rendine’s letter be taken care of.
He further states that there is not enough parking; however, he does state that Mr. Nadeau has improved the building. In any event, he is opposed to this license.
Mr. Almeida submits for the record information regarding the auto body shop license and the second hand shop license of Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum Street, which is made part of this record and ORDERED FILED.
There are no other speakers.
Public Hearing is closed.
Upon Motion made by Councilor Bray, seconded by Councilor Hodge, the following application for license is LAID ON THE TABLE on a unanimous voice vote:
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum Street, Tax Assessor’s Plat 54, Lot 539, to keep a shop for the purpose of purchasing and selling used articles, specifically used automobiles, and repairing same. LIC#30162, LIC#40150
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilor Hodge is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank A. Rendine, P.E., Director, Zoning and Code Enforcement, regarding his inspection of the property at 21 Buffum Street. The Council would like a clarification on the portion of his report which states: "The property contains 5400 sq.ft. of land area, which under today’s ordinance requirements would be inadequate for this type of use."
THE CHAIR RECOGNIZES COUNCILOR DEMOPULOS.
With majority consent of the Council, Councilor Demopulos introduces the following communication:
Upon Motion made by Councilor Demopulos, seconded by Councilor Kinder, the following communication is READ AND ORDERED FILED:
Communication from David Hibbitt of Hibbitt, Karlsson & Sorensen, Inc., regarding application of Ward Edward Zeller d/b/a ZTECH to sell second hand firearms.
Petition for SECOND HAND SHOP LICENSE of Ward Edward Zeller d/b/a ZTECH, 250 Esten Avenue, Tax Assessor’s Plat 62, Lot 224, to keep a shop for the purpose of purchasing and selling used articles, specifically used firearms, which was advertised for a hearing at this time, is taken up: LIC#40149 Speaking in favor is Ward Zeller, applicant, 86 Sassafras Street, Providence.
Mr. Zeller states that he is a designer, wholesaler and a manufacturer of firearms. He has letters from the City Clerk dated March, 1994 which states that the City does not require a license for this type of business.
He states that he has met all federal requirements to manufacturer firearms. He will be manufacturing handguns, rifles and machine guns. Mr. Zeller states that he hopes to get business from dealers and he hopes to sell to the Federal Government. He will not to make retail sales. This is strictly a wholesale business.
Councilor Bray asks if firearms will be kept on the premises.
Mr. Zeller states that after considering his previous statement to the police chief that he would store them at the 250 Esten Avenue address, he has reconsidered this and states that firearms will be kept at another location in Providence.
He is in the designing and manufacturing business. After a firearm is manufactured he will try to sell the product to a wholesaler or a dealer and at that point will produce however many weapons the dealer would require.
Mr. Zeller further states that if Pawtucket does not grant the license, he will not be able to get his federal license and will be forced to move to another city.
Mr. Zeller further states that he has been a constable for ten (10) years.
Upon questioning, Mr. Zeller states that test firing will be done at a private range in Little Compton.
Speaking in opposition is Leo Ledoux, Campbell Terrace, Pawtucket, RI.
Mr. Ledoux states that he is a neighbor in the vicinity of 250 Esten Avenue and is speaking for himself and for other neighbors in the audience.
Mr. Ledoux states that there are a lot of children in the neighborhood and he is afraid that someone could break in and steal the guns. He states that there is enough crime in this neighborhood and does not want guns adding to their problem.
There are no other speakers.
Public Hearing is closed.
Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the following application for license is LAID ON THE TABLE on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE of Ward Edward Zeller d/b/a ZTECH, 250 Esten Avenue, Tax Assessor’s Plat 62, Lot 224, to keep a shop for the purpose of purchasing and selling used articles, specifically used firearms. LIC#40149
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilor Hodge, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, regarding a communication from Richard E. DeLyon, Chief of Police, regarding an application for a second hand shop license by Ward Zeller d/b/a ZTECH, 250 Esten Avenue, to sell used firearms. The Council is asking that Mr. Gannon research the question raised by the Chief as to whether a second hand gun dealer or manufacturer should be located in a designated enterprise zone. Also, should this be completely under the jurisdiction of the Public Safety Director.
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 Ferdinand C. Ihenacho, P.E., Director of Public Works, regarding the embankment along the Blackstone River alongside of Tolman High School. Councilor Demopulos has recently learned that there is a veranda along the river at Tolman, which is overgrown with weeds and wild growth, and is requesting the feasibility of cleaning up this area and making it usable for the students and residents to enjoy.
COUNCILOR BRAY LEAVES THE CHAMBER AT 9:30 P.M.
The following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Demopulos, Doyle, Hodge, Kinder, Moran and Rabbitt.
Noes - 0
COUNCILOR BRAY RETURNS AT 9:32 P.M.
The following ordinance was Laid on the Table at the meeting held August 24, 1994 and is again taken up and is TAKEN UNDER ADVISEMENT on a unanimous voice vote:
ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF SEVEN HUNDRED THOUSAND ($700,000) DOLLARS PROVIDING FOR A STUDY OF CONSTRUCTING COMBINED SEWER OVERFLOW TREATMENT FACILITIES IN THE CITY OF PAWTUCKET.
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Hodge, Kinder, Moran, and Rabbitt.
Noes - Councilor Demopulos.
The following ordinance is read for the second time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Hodge, Kinder, Moran, and Rabbitt.
Noes - Councilor Demopulos.
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, and Rabbitt.
Noes - 0
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, and Rabbitt.
Noes - 0
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, and Rabbitt.
Noes - 0
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, and Rabbitt.
Noes - 0
COUNCILOR DEMOPULOS LEAVES THE CHAMBER AT 9:38 P.M.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from His Honor Mayor Robert E. Metivier to the Honorable Members of the City Council. (Narragansett Coated Paper - Tax Treaty)
Upon Motion made by Councilor Hodge, seconded by Councilor Kinder, the following communication is REFERRED TO THE FINANCE COMMITTEE:
Communication from His Honor Mayor Robert E. Metivier to the Honorable Members of the City Council. (Narragansett Coated Paper - Tax Treaty)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray submits the following resolution:
RESOLUTION DESIGNATING OCTOBER, 1994, AS NATIONAL DOWN SYNDROME AWARENESS MONTH.
Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the following resolution is read and passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Doyle, Hodge, Kinder, Moran, and Rabbitt.
Noes - 0
COUNCILOR DEMOPULOS RETURNS AT 9:43 P.M.
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT -
The Alumni Association of Recovering Alcoholics for license to conduct a Dance at Dunnell Lane East Hall on Saturday, October 15, 1994, from 10:00 PM until Sunday, October 16, 1994 at 10:00 AM. LIC#940M.
Sheila Hoogeboom to conduct a Block Party on Scott Street on Saturday, September 17, 1994 from 12:00 noon - 4:00 PM; Raindate Sunday, September 18, 1994 from 12:00 noon - 4:00 PM. LIC#941M.
YEARLY BINGO GAMES - (RENEWAL)
St. Basil the Great Church, 92 East Avenue, Tuesdays from 6:30 pm -11:00 pm LIC#1050
COUNCILOR KINDER ABSTAINS BASED ON HIS STATEMENT THAT HE IS INVOLVED WITH A BINGO. (Report filed)
INTELLIGENCE OFFICE (RENEWAL)
Lifetime Medical Nursing Services, 235 Lonsdale Avenue, LIC#3
MOBILE FOOD VENDOR (NEW)
Anthony S. Walsh d/b/a Spike & Co., Res: 35 North Bend Street, Pawtucket, LIC#192
SUNDAY SALES (First Class)
Darlington Market Inc d/b/a Darlington Market (previous owner Woon’s Inc d/b/a Swanson’s Dairy & Convenience) 614 Central Avenue LIC#20228
Mary Ellen Reddy & Alden Simons d/b/a Kyle’s Kitchen, 712 Broadway LIC#20231 NEW
Fola Sule d/b/a Toofs Market (previous owners Lourenco & Ilda DaSilva d/b/a DaSilva’s Convenience Store & Fish Market) 916 Main Street LIC#20230
Thrifty Store Inc d/b/a J and L Superstores (previous owner David Dufault d/b/a Thrifty Stores) 562 Broadway LIC#20227
SUNDAY SALES (Second Class)
Price is Right Shops Inc d/b/a J Silver, 50 Ann Mary Street, LIC#20229 NEW
SUNDAY SALES (Fifth Class)
Anthony S. Walsh d/b/a Spike & Co., Res: 35 North Bend Street, Pawtucket, LIC#20226 NEW (Mobile Food Vendor)
VICTUALLING HOUSE (First Class)
Darlington Market Inc d/b/a Darlington Market (previous owner Woon’s Inc d/b/a Swanson’s Dairy & Convenience) 614 Central Ave LIC#341
Mary Ellen Reddy & Alden Simons d/b/a Kyle’s Kitchen, 712 Broadway, LIC#343 NEW
Fola Sule d/b/a Toffs Market (previous owners Lourenco & Ilda DaSilva d/b/a DaSilva’s Convenience Store & Fish Market) 916 Main Street LIC#00342
Thrifty Store Inc d/b/a J and L Superstores, 562 Broadway LIC#340 NEW
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PAWNBROKER BOND:
Pawtucket Pawnbrokers, Surety - Western Surety Company
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Kyle Demers, by his attorney Edward C. Roy, Esq. - No amount specified
Christine A. Duquette - $465.00
John T. Rocha - No amount specified.
Slater Food Inc d/b/a Slater Park Concessions, by attorney
James T. Higgins, Jr., Esq. - No amount specified.
Upon Motion made by Councilor Kinder, seconded by Councilor Moran, the meeting is adjourned at nine forty-five o’clock p.m.