City Council, September 21, 1994
A regular session of the City Council is held Wednesday, September 21, 1994, at eight o’clock p.m. All the members are present and President Barry presides.
The reading of the Records of September 7, 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:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilors Demopulos and Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Chief Richard E. DeLyon regarding overtime in the Police Department. The Council would like to know the following:
1. How much has been spent this fiscal year so far on overtime?
2. Does the Chief expect that he will be able to live within his overtime budget through the end of the year?
3. What actions are being taken to keep down the amount of overtime in the Police Department?
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of William Martin d/b/a Village Transmission, 514 Broadway (Unit B), Tax Assessor’s Plat 7, Lot 424, 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#30164, LIC#40152
Speaking in favor is Maurice Audette, 87 Hartford Avenue, Wakefield, Rhode Island.
Mr. Audette states that the business is not noisy and there is not much disturbance. The hours of operation would be from 7:30 AM - 5:30 PM.
Speaking in favor is William Martin, applicant, 55 Beacon Street, Cranston, Rhode Island.
Mr. Martin states that he was working without a license for three weeks. He has been closed for one month. He states he didn’t realized he needed to obtain a license. He worked for Tri Town Transmission for sixteen years. He further states he will go in at night if he needs to finish a job and be out of the building by 9:00 PM. He works 5 1/2 days a week and he has cleaned up the building per DEM. His lot is kept clean. He states that he has been working for the company next door while his business has been closed.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Doyle, seconded by Councilor Moran, 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 William Martin d/b/a Village Transmission, 514 Broadway (Unit B), Tax Assessor’s Plat 7, Lot 424, to keep a shop for the purpose of purchasing and selling used articles, specifically used auto parts, and repairing same. LIC#30164, LIC#40152
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 D. Cassidy, Director of Planning and Redevelopment, requesting a map of an easement on land formerly owned by the Redevelopment Agency which is on or near Risho’s Market on Broadway.
Petition for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Aram Sarkisian d/b/a Gansett Sunoco (previous owners Norman & Filomena Duquette) 1101 Newport Avenue, Tax Assessor’s Plat 12, Lot 738, 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#30163, LIC#40151
Speaking in favor is Aram Sarkisian, applicant, 59 Rankin Avenue, Providence, Rhode Island.
Mr. Sarkisian states that he will be selling gas and repairing automobiles. He says that the previous owner repaired cars, sold gas and did auto body work. He has worked for Steingold Pontiac and other places until 1984 and has been out of the business since that time. His hours of operation will be Monday through Friday 6:00 AM - 11 PM. Repair work will be 8:00 AM - 6:00 PM. Saturday hours will be 8:00 AM - 2:00 PM. He will maintain the present lighting and his repair work is all done inside. He will not do any auto body work. He has room for six automobiles on the lot and two inside the garage.
The next speaker is Frank O’Connell, 1107 Newport Avenue, Pawtucket, Rhode Island.
Mr. O’Connell states that he lives next door and spoke to Mr. Sarkisian. He has no objections to the license as long as no auto body work is done on the premises.
Speaking in opposition is Stanley Pikul, 50 Terrace Avenue, Cumberland, Rhode Island.
Mr. Pikul states that his father who is now deceased owned the abutting house. The former owner of the business caused problems for his parents and he is concerned about problems continuing. He wants restrictions placed on the license.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Doyle, seconded by Councilor Rabbitt, 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 Aram Sarkisian d/b/a Gansett Sunoco (previous owners Norman & Filomena Duquette) 1101 Newport Avenue, Tax
Assessor’s Plat 12, Lot 738, to keep a shop for the purpose of purchasing and selling used articles, specifically used automobiles, and repairing same. LIC#30163, LIC#40151
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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 ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:
Delete the following sentence in Section 1:
This does not prohibit uncompensated volunteer work.
ADD THE FOLLOWING SECTIONS:
SECTION 2. Exemptions.
(A) This ordinance shall not apply to individuals employed on a part time basis by two or more Departments or Divisions of Municipal Government so long as the total hours, said individuals are employed, does not constitute overtime.
(B) This ordinance shall not prohibit uncompensated volunteer work.
(C) This ordinance shall not apply to those individuals that the City of Pawtucket may subsequently be able to exempt from the Fair Labor Standards Act to Employees of State and Local Governments.
SECTION 3. This ordinance shall take effect on final passage.
Upon Motion made by Councilor Bray, seconded by Councilor Kinder, the AMENDMENT to the ordinance entitled "ORDINANCE REGULATING MUNICIPAL EMPLOYMENT WITHIN DEPARTMENTS AND/OR DIVISIONS OF MUNICIPAL GOVERNMENT" is 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 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, Rabbitt and Vieira.
Noes - 0
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 Antonio Salvatore, Sr., Star Auto Sales Inc., requesting that he attend a pre-council session of the City Council to be held on Wednesday, October 5, 1994, at 7:15 p.m. to discuss complaints the Council has received that he is violating the stipulations placed on his license.
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)
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.
Upon Motion made by Councilor Rabbitt, seconded by Councilor Kinder, the following ordinance and amendment are LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
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)
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.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge submits the following ordinance:
Upon Motion made by Councilor Hodge, seconded by Councilor Kinder, the following ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION TO BE APPROVED WITH THE FOLLOWING AMENDMENT:
REPLACE THE ENTIRE ORDINANCE TO READ AS ENCLOSED.
Upon Motion made by Councilor Hodge, seconded by Councilors Moran and Rabbitt, the AMENDMENT to the ordinance entitled "ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED ‘HAWKERS AND PEDDLERS’" is passed on a roll call vote, as follows:
Ayes - President Barry, Councilors Bray, Demopulos, Doyle, Hodge, Moran, Rabbitt and Vieira.
Noes - 0
Abstain - Councilor Kinder.
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, Moran, Rabbitt and Vieira.
Noes - 0
Abstain - Councilor Kinder.
COUNCILOR KINDER ABSTAINS BASED ON HIS STATEMENT THAT IN HIS WORK HE HAS A SON WHO OWNS A FLOWER SHOPPE.
The following application for licenses were LAID ON THE TABLE at the meeting held on September 7, 1994, and are again taken up and are GRANTED on a unanimous voice vote:
AUTO REPAIR SHOP & SECOND HAND SHOP LICENSES:
Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum Street LIC#30162, LIC#40150
The following application for license was LAID ON THE TABLE at the meeting held on September 7, 1994, and is again taken up and is DENIED, for the following reasons, on a unanimous voice vote:
This location is in a high crime area of the City; therefore, this type of establishment at that address would be a public safety hazard.
SECOND HAND SHOP LICENSE:
Ward Edward Zeller d/b/a ZTECH, 250 Esten Avenue LIC#40149
*THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
PRIVATE DETECTIVE - NEW
Daniel A. Silveira, 29 Dunnell Lane LIC#90045
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Richard E. Davey, Jr., - $1036.99/$1011.00
Glenn Maston - $278.00
Dawn Mendes - no amount specified
Joseph Monaghan - $69.50
John M. Monteiro - $735.48/$744.16
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, Rabbitt and Vieira.
Noes - Councilor Demopulos.
Claim of George Birmingham, by Allstate Insurance Co. in the amount of $1052.91.
Claim of James & Jody Etchells, by Nationwide Insurance in the amount of $809.72.
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 Louise M. Corrigan, in the amount of $571.00/$603.75.
Claim of Jeffrey A. Gagnon, in the amount of $347.36/$293.04.
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 Arthur Girard, in the amount of $900.00 plus interest.
Claim of Waldron M. Huftalen, in the amount of $192.05/$142.44.
Claim of Olenn & Penza, in the amount of $9,921.00 plus interest.
Claim of Mark Pine, by his attorney Lawrence Goldberg, Esq. in the amount of $1,000,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES ARE DENIED:
Claim of Alfred & Margaret Imondi, by their attorney Eva Marie Mancuso, in the amount of $175,000.00.
Claim of Christina Mendoza, in the amount of $293.95/$194.86.
Claim of Metropolitan Insurance, in the amount of $438.91.
Claim of Lisa & Nicholas Vitacca, in the amount of $1033.02.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS DENIED - CLAIMANT TO CONTACT NARRAGANSETT IMPROVEMENT CO.
Claim of Ronald L. Jovin, in the amount of $1920.00/$1474.78.
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, regarding the following matters:
1. Councilor Rabbitt would like a left turn arrow installed on the traffic light at the corner of Newport Avenue and Beverage Hill Avenue to face people travelling south on Newport Avenue who are going into the Gansett Shopping Center;
2. Councilor Rabbitt would like you to do a traffic study on Scarborough Road to determine if any additional signage is necessary to help the flow of traffic on that street;
3. Councilor Rabbitt would like "Slow Traffic" signs placed on both ends of Moss Street.
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 Ron Leitao, Highway Superintendent, requesting a status report on the repaving projects on Slater Park Avenue and Monticello Road.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Demopulos, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Anthony Britto, Director, Public Housing Division, United States Department of Housing & Urban Development, regarding Section 45–25–18.2 through 45–25–18.9 of the Rhode Island General Laws requiring that City and Town Housing Authorities have a tenants affairs board. There has been much coner as to what effect the "Veto Clause" granted to this board would have on potential federal funding. The Council would like to know HUD’s position on the veto section of the Law (45–25–81.6(b) in general; and, specifically, if it could affect federal funding for the City. The Council is extremely disappointed that they have not received a response to any of the first three letters that they have sent to HUD.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Hodge, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Joseph Roque, Purchasing Agent, regarding 165 Pine Street. Councilor Vieira has been notified by Frank Rendine that he has or will be sending down to Mr. Roque a letter asking for bids to demolish 165 Pine Street. The Council would like Mr. Roque to move as quickly as possible on this matter and treat it as an emergency situation.
COUNCIL PRESIDENT BARRY STEPS DOWN FROM THE CHAIR AT 9:18 PM.
COUNCIL PRESIDENT PRO TEMPORE VIEIRA PRESIDES.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following Motion made by Councilor Barry, seconded by Councilor Demopulos, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon, City Solicitor, and Frank A. Rendine, P.E., Director of Zoning and Code Enforcement, requesting that they attend a pre-council session on Wednesday, October 19, 1994, to discuss the problem of condemned and abandoned properties in the City.
Upon Motion made by Councilor Barry, seconded by Councilor Kinder, the meeting is adjourned at nine twenty-three o’clock p.m.