City Council, April 19, 1995
A regular session of the City Council is held Wednesday, April 19, 1995, at eight o’clock p.m. All the members are present and President Barry presides.
The reading of the records of April 5, 1995, 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 CHAIR RECOGNIZES COUNCILOR DOYLE.
With majority consent of the Council, the following Motion made by Councilor Doyle, seconded by Councilors Hodge, Demopulos and Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communciation to State Street Bank & Trust Co., asking them to do an actuarial report and to inform the Council as to the cost of the report and how long it will take.
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 the Finance Department, to ask for explanations on why the following line items are overexpanded.
Police department budget.
2120 - Telephone
2340 - Vehicle - outside maintenance
2360 - Office equipment
2190 - Education/training
Fire department budget.
2340 - Vehicle - outside maintenance
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 William T. Noonan, Public Safety Director, to ask him how he plans to cover the $80,000 over-expenditure for arbitration fees that have been expended so far.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following communication:
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following communication is READ AND ORDERED FILED.
Communication from Frances Goulet, Manchester Manor, Residential Care Facility, to Councilor William D. Vieira, Sr. (Property conditions on Manchester Street)
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 Ronald J. Leitao, Acting Director of Public Works, setting a pre-council hearing on street lighting, on May 10th, 1995.
Communication from Melvin G. Alperin, President, Brewster Industries Corp., to Pawtucket City Council. (Barton Street Neighborhood Association’s request for a tax treaty) is REFERRED TO THE FINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion made by Councilor Vieira, seconded by Councilor Doyle, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Melvin G. Alperin, President, Brewster Industries Corporation, requesting that he forward a copy of the lease between him and the Barton Street Neighborhood Association for the Council’s finance committee to review.
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Pedro Sancibier d/b/a Peter’s Auto Repair (previously Mario Gornall d/b/a Mario’s Garage) 11 Willow Avenue, Tax Assessor’s Plat 51, Lots 24, 25, to keep a shop for the purpose of repairing and selling second hand articles, specifically used auto parts, which was advertised for a hearing at this time, is taken up:
Speaking in favor are Pedro M. Sancibier, 442 Mineral Spring Avenue, Pawtucket, RI, and Antonia Ortiz, Interpreter, 798 Dexter Street, Central Fall, RI.
Ms. Ortiz interprets for Mr. Sancibier.
Mr. Sancibier states that the building has two garages.
He worked as a mechanic all his life. There will be no employees.
The hours will be from 9:00 am - 5:00 pm Monday - Friday.
He states that he will have a company come in to dispose of oil. He is aware of keeping the cul-de-sac clear. There will be no auto sales, and no auto body or painting.
He can fit 4 cars in garage. He only keeps customers’ cars on the lot. He agrees to keep only 4 cars over night so they can all fit in the garage. He will do all the work in the garage. There is no one in the back garage now.
Speaking in favor is Joe Andrade, 438 Mineral Spring Avenue, Pawtucket, RI.
Mr. Andrade is the son of the property owner.
Mr. Andrade is concerned about limiting the number of cars on the lot, he states that there shouldn’t be limit on the cars. He states that the license was issued by the court. He wants to be able to rent the back garage as well.
Speaking in opposition is Mary Lawrence, 5 Hurley Avenue, Pawtucket, RI.
Ms. Lawrence reads a letter from her bother, Daniel Lawrence, and a prepared statement. Both are made part of the record.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilor Bray, seconded by Councilor Demopulos, the following applications are GRANTED with following stipulations on a unanimous voice vote:
1. Upper bay only may be used.
2. All work must be done inside garage.
3. No vehicles left outside overnight.
4. Property deeded to city must be kept clear.
5. No painting or auto body work.
Petitions for AUTO REPAIR SHOP LICENSE AND SECOND HAND SHOP LICENSE of Pedro Sancibier d/b/a Peter’s Auto Repair (previously Mario Gornall d/b/a Mario’s Garage) 11 Willow Avenue, Tax Assessor’s Plat 51, Lots 24, 25, to keep a shop for the purpose of repairing and selling second hand articles, specifically used auto parts. LIC#30185 & #40178
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following Motion made by Councilor Bray, seconded by Councilor Demopulos, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Beverly Migliore, Supervising Environmental Scientist, Hazardous Waste Section, Department of Environmental Management, asking DEM to inspect 11 Willow Street for hazardous waste dumping and soil contamination on the property.
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 - Councilor Vieira.
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
Communication from Martin C. Carey, President of Northeast Import Inc., to Pawtucket City Council. (Application for a business peddlers license) is READ AND ORDERED FILED.
THE FOLLOWING LICENSE WAS DENIED AT THE MEETING HELD MARCH 8, 1995, AND IS AGAIN TAKEN UP and is LAID ON THE TABLE on a unanimous voice vote:
PEDDLERS LICENSE (RENEWAL)
BUSINESS:
Northeast Import Inc., 461 Main Street, LIC#1
Rosemary A. Fogarty, 200 Read St., So Attleboro MA
LOCATION: Corner of Benefit St & Newport Ave (Speedy Muffler)
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communciation to John T. Gannon, City Solicitor, requesting a legal opinion as to whether or not Northeast Imports Inc., is circumventing the new Hawkers & Peddlers Ordinance.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication and ordinance.
Upon Motion made by Councilor Hodge, seconded by Councilors Demopulos and Bray, the following communication is READ AND ORDERED FILED and the following ordinance is REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
Communication from Mayor Robert E. Metivier, to Council President John J. Barry, III. (Submitting the New Housing Court Ordinances)
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 William T. Noonan, Public Safety Director, requesting an explanation on the continuing problems with the firefighter communications system, including the portable radios.
The Council would like to know if these problems are causing a danger to the residents or the firefighters in the City.
THE FOLLOWING LICENSE IS GRANTED ON A VOICE VOTE:
VICTUALLING HOUSE (FIRST CLASS)
The Upper Deck Pub Ltd (previously Pliakas Inc. d/b/a The Corner) 562 Newport Avenue, LIC#365
Abstains - Councilor Rabbitt.
Councilor Kevin J. Rabbitt abstains based on his statement that "I am the Real Estate Agent representing Pliakas Inc. (Corner Pub)" report filed.
*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP (RENEWALS)
Robert H. Allard Sr., d/b/a Coleman Tire Sales, 75 Goff Avenue, LIC#30005
B. Baron Automotive Inc., 25 Hazel Street, LIC#30153
Jeovany Calero & Abel Fuerte d/b/a J & J Auto Repair, 511 Broadway, LIC#30127
Cesars Car Palace Inc., 519 Pawtucket Avenue, LIC#30144
Rodolphe Drolet d/b/a Motorcycle Accessories Ltd., 49-51 Montgomery Street, LIC#30033
John Jeha d/b/a Jeha’s Texaco, 76 Newport Avenue, LIC#30057
Jose Morales d/b/a J & B Auto Sales, 192 Pine Street, LIC#30161
Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum Street, LIC#30162
Ernest & Doris Normandin d/b/a Ernie’s Small Engine Service, 369 Roosevelt Avenue, LIC#30082
Pride Hyundai Inc., 20 Division Street, LIC#30125
William Ricci, Jr., d/b/a Smith Hill Auto World Annex, 1 Colfax Street, LIC#30098
ENTERTAINMENT
Petition of Meeting Street School Dance, for license to conduct Fund Raiser Dance, at St. Cecilia’s Church, on Saturday April 29, 1995, LIC#960
PEDDLER LICENSE (RENEWAL)
BUSINESS:
Palagi’s Ice Cream Inc., 55 Bacon Street. LIC#4
Michael Gianlorenzo, 11 Springdale Avenue, Attleboro, MA.
LOCATION: Entire City of Pawtucket
SUNDAY SALES (FIRST CLASS) NEW
Denise McConnell d/b/a H & J Family Snack Outlet, 704 Broadway, LIC#20250
SECOND HAND SHOP (RENEWALS)
Cesars Car Palace Inc., 519 Pawtucket Avenue, LIC#40127
Christina M. Chagnon d/b/a Oliver’s Antiques, 391 Main Street, LIC#40020
James Coccia d/b/a C & D Auto Sales, 80 Conant Street (Rear) LIC#40027
Rodolphe Drolet d/b/a Motorcycle Accessories Ltd., 49-51 Montgomery Street, LIC#40032
Jose Morales d/b/a J & B Auto Sales, 192 Pine Street, LIC#40140
Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum Street, LIC#40150
Ernest & Doris Normandin d/b/a Ernie’s Small Engine Service, 369 Roosevelt Avenue, LIC#40069
Pride Hyundai Inc., 20 Division Street, LIC#40108
William Ricci, Jr., d/b/a Smith Hill Auto World Annex, 1 Colfax Street, LIC#40085
Brenda Weseluk d/b/a The Bargain Closet, 392 West Avenue, LIC#40148
YEARLY BINGO GAMES
Petition of St. Basil The Great, for yearly bingo games (Additional night - Fridays) 6:30 pm - 11:00 pm 92 East Avenue, LIC#C0022
THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
Petition of Park Place Congregational Church for license to conduct One Day Flea Market in Wilkenson Park-Park Place on Saturday June 10, 1995, from 9:00 am - 5:00 pm (Rain date-Sat. June 17, 1995) LIC#961
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
Joanmarie O’Neill d/b/a Top Dollar Gold Buyers - surety -Hanover Insurance Company.
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
James Cheshier - $3,477.93
David G. Kern, MD - $49.43
Thomas Pereira - $55.00
Shamrock Construction Company - $818.06 plus interest
Shamrock Construction Company - $766.20 plus interest
Tripp Funeral Home - $9,433.46 plus interest
John Turmel - No amount specified
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 Brenda J. Hardrow, by Attorney Charles A. Hirsch, in no amount specified.
Claim of Robert Dussault, by Attorney Anthony F. Del Bonis, in the amount of $15,000.00
Claim of Robert A. St. Pierre, in the amount of $822.15/1021.92
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS DENIED - CLAIMANT TO CONTACT THE HOUSING AUTHORITY:
Claim of Oteeven E. Diggs, by Attorney Charles J. Vucci, in the amount of $1000,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS DENIED:
Claim of Margaret Dewey, in the amount of $290.00
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, requesting an explanation as to why the claim was denied for the property owner at 167 Frances Avenue, in Pawtucket.
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 Ronald J. Leitao, Acting Director, Public Works Department, requesting that he inform the Council as to who responded from the Public Works Department to a complaint about a sewer backup at 167 Francis Avenue.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, the following Motion 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 the vacant lot across from 59 Frank Street.
First, the Council would like to know who owns that lot?
Second, if it has not been cited, they would like him to cite it for any violations that he finds there.
The Council is requesting that Mr. Rendine give the property owner the minimum amount of time required to clean up the property; and if it is not cleaned by that date, they request that he have the city clean it up and place a lien on the property for the cost of said cleanup.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication and ordinance:
Communication from John T. Gannon, City Solicitor, to Council President John J. Barry, III. (Tax Exempt Status of Police and Fire Disability Pensions)
ORDINANCE AND AMENDMENT ESTABLISHING A TAX EXEMPT PLAN FOR FIREFIGHTERS AND POLICEMEN.
Upon Motion made by Councilor Hodge, seconded by Councilor Kinder, the following communciation is READ AND ORDERED FILED and the following ordinance is REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
Communication from John T. Gannon, City Solicitor, to Council President John J. Barry, III. (Tax Exempt Status of Police and Fire Disability Pensions)
ORDINANCE AND AMENDMENT ESTABLISHING A TAX EXEMPT PLAN FOR FIREFIGHTERS AND POLICEMEN.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine seventeen o’clock p.m., in memory of Hubie Nolan and in honor of the victims in Oklahoma City.