April 8, 1998 - Regular City Council Session

 

City Council, April 8, 1998

 

A regular session of the City Council is held Wednesday, April 8, 1998, at eight two o’clock p.m. All the members are present and President Barry presides.

 

The reading of the records of March 25, 1998, is dispensed with and the records are approved as prepared by the Clerk.

 

Upon motion made by Councilor Vieira, seconded by Councilor Wildenhain,  the *Consent Agenda is approved on a unanimous voice vote.

 

THE COUNCIL RECESSES IMMEDIATELY TO MEET WITH JOHN WOLFE, REPRESENTATIVE OF COX COMMUNICATIONS.

 

THE COUNCIL RECONVENES AT EIGHT THIRTY-FIVE O’CLOCK P.M.

 

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

3          A.        Communication from Dr. Hans W. Dellith, Superintendent of Schools to Ms. Janice LaPorte, CMC, Clerk,  Pawtucket City Council.  (Residency requirement status.)

 

028      B.         Communication from M. Eileen Murray, CMC, Town Clerk, Town of Smithfield, to All Cities and Towns.  (Resolution Relating to the Realty Stamp Tax.)

 

028 ** C.        Communication from Mayor Judith H. Robbins, City of Attleboro, to Ms. Janice LaPorte, CMC, City Clerk. (Pascale Block Site – Rice Street.)

 

7          D.        Minutes of the Pawtucket Water Supply Board Meeting held on January 14, 1998.

 

**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

 

028      Communication from Ron L. Beaulieu, C.P.A., Ron L. Beaulieu & Company, to Senior Management and the City Council (Management letter) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

With majority consent of the Council, the following  motion made by Councilor Moran, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Mayor James E. Doyle regarding the management letter submitted by Ron L. Beaulieu & Company.  The management letter contains a number of suggestions regarding operational and administrative procedures which, if changed, would benefit the City.  The Council is asking for the Mayor’s comments on this letter and if there are plans to have current practices and procedures changed in the future.

 

017      AUDIT REPORT, period ending June 30, 1997, prepared by Ron L. Beaulieu & Company is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to invite Ron L. Beaulieu to attend a  meeting of the Finance Committee to be held on April 22, 1998, to review and discuss the audit report.

 

COUNCIL PRESIDENT BARRY APPOINTS THE FOLLOWING COUNCIL MEMBERS TO SERVE ON AN AD HOC COMMITTEE TO STUDY  PROCEDURES REGULATING 24 HOUR LICENSES:

 

COUNCILOR PAUL J. WILDENHAIN, CHAIR

COUNCILOR THOMAS E. HODGE

COUNCILOR RAYMOND T. HOYAS, JR.

 

PRESIDENT BARRY ALSO REQUESTS THAT A REPORT BE SUBMITTED WITHIN 30 DAYS.

 

Petition of Shannon Hardy d/b/a Shannon’s Place, 737 Broadway, to keep a Victualling House license for the additional hours between 2:00 a.m. and 6:00 a.m., which was advertised for a hearing at this time, is taken up:

 

Speaking in favor are the applicants Shannon & Michael Hardy, 47 Ides Hill Lane, Attleboro, MA.

 

The applicants explain that they need the extra hours  on Thursdays, Fridays, and Saturdays, to accommodate the late night shift of customers.  They further state that they need the extra hours to be able to stay in business.

 

Councilor Moran asks the applicants if they would have any objection to closing at 4:00 a.m.

 

They state they would have no problem with closing at 4:00 a.m.

 

There are no other speakers.

 

The hearing is closed.

 

Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following license is GRANTED WITH THE FOLLOWING STIPULATION, on a unanimous voice vote:

 

*STIPULATION

 

MAY REMAIN OPEN UNTIL 4:00 A.M.ON THURSDAYS, FRIDAYS & SATURDAYS, ONLY.

 

VICTUALLING HOUSE LICENSE – Shannon Hardy d/b/a Shannon’s Place, 737 Broadway LIC#384

 

Petition of Tina M. Letourneau d/b/a Bill’s Restaurant  844 Newport Avenue, to keep a Victualling House license for the additional hours between 2:00 a.m. and 6:00 a.m., which was advertised for a hearing at this time, is taken up: 

 

Speaking in favor are the applicants Tina Letourneau, 247 Bloomfield Street and Dale Precourt, 59 Sterry Street, Pawtucket.

 

The applicants explain that they just took over the business in December of 1997.  They need the extra hours to accommodate the late night customers.

 

Councilor Wildenhain states that he has visited the businesses and residents in the area and there is no opposition to the extra hours.

 

Councilor Hodge states that he received a complaint for a 24-hour license but the person did not have any objection to a 3:00 AM closing time.

 

There are no other speakers.

 

The hearing is closed.

 

Upon Motion made by Councilor Wildenhain, seconded by Councilor Moran, the following license is GRANTED WITH  THE FOLLOWING STIPULATION, on a unanimous voice vote:

 

*STIPULATION

 

4:00 AM CLOSING TIME WITH NO CUSTOMERS SERVED AFTER 3:00 AM.

 

VICTUALLING HOUSE LICENSE – Tina M. Letourneau d/b/a Bill’s Restaurant, 844 Newport Avenue LIC#491

 

COUNCILORS BRAY AND VIEIRA LEAVE THE CHAMBER AT 8:45 P.M.

 

The following resolution, which is returned by the City Property Committee,  with a recommendation for APPROVAL,  is LAID ON THE TABLE on a unanimous voice vote:

 

RESOLUTION OF THE CITY COUNCIL CONVEYING CITY PROPERTY LOCATED AT BROAD AND HUMES STREETS TO THE UNITED STATES POSTAL SERVICES.

 

Upon recommendation of the City Property Committee, the following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Carr, Grebien, Hodge, Hoyas, Moran and Wildenhain.

 

Noes – 0.

 

588      RESOLUTION OF THE CITY COUNCIL CONVEYING CITY PROPERTY LOCATED AT 174-176 COTTAGE STREET TO FRANCIS SAGGAL.

 

Upon recommendation of the City Property Committee, the following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Carr, Grebien, Hodge, Hoyas, Moran and Wildenhain.

 

Noes – 0.

 

588      RESOLUTION OF THE CITY COUNCIL SUBDIVIDING AND CONVEYING CITY PROPERTY LOCATED AT 18-20 BULLOCK STREET TO ROGER MARCOUX, TIMOTHY CHAPUT AND ANTONIO AND JOSE RIBEIRO.

 

Upon recommendation of the City Property Committee, the following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Carr, Grebien, Hodge, Hoyas, Moran and Wildenhain.

 

Noes – 0.

 

588      RESOLUTION OF THE CITY COUNCIL CONVEYING CITY PROPERTY LOCATED AT 267 HIGH STREET TO PAWTUCKET CITIZENS DEVELOPMENT CORPORATION.

 

THE CHAIR RECOGNIZES COUNCILOR HOYAS.

With majority consent of the Council, the following  motion made by Councilor Hoyas, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to schedule a Formal Hearing with 19 Beverage Hill Realty Trust and 19 Blue Beverage Hill Realty Trust d/b/a Building 19 to be held on Wednesday, April 22, 1998 at 8:00 p.m. to show cause why their Sunday Sales license should not be suspended or revoked permanently by the City Council for the violations of the restrictions/conditions on the deed conveying the property from Narra Associates to 19 Beverage Hill Realty Trust or 19 Blue Beverage Realty Trust.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Carr, Grebien, Hodge, Hoyas, Moran and Wildenhain.

 

Noes – 0.

 

588      RESOLUTION NAMING THE ENTRANCE ROADWAY TO MCCOY STADIUM “BEN MONDOR WAY.”

 

COUNCILOR VIEIRA RETURNS TO THE CHAMBER AT 8:56 P.M.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Carr, Grebien, Hodge, Hoyas, Moran, Vieira and Wildenhain.

 

Noes – 0.

 

588      RESOLUTION SUPPORTING 98-S 2705, “AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT – HOUSING.”

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Carr, Grebien, Hodge, Hoyas, Moran, Vieira and Wildenhain.

 

Noes – 0.

 

588      RESOLUTION CONGRATULATING THE TOLMAN HIGH SCHOOL HOCKEY TEAM FOR WINNING THE “MET C” DIVISION STATE HOCKEY CHAMPIONSHIP.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Carr, Grebien, Hodge, Hoyas, Moran, Vieira and Wildenhain.

 

Noes – 0.

 

588      RESOLUTION CONGRATULATING MILENA SIMOES ON WINNING THE “VOICE OF DEMOCRACY CONTEST” SPONSORED BY THE VETERANS OF FOREIGN WARS.

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

With majority consent of the Council, the following  motion made by Councilor Hodge, seconded by Councilor Vieira is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Ronald F. Travers, Director of Zoning and Code Enforcement, regarding the former Old Colony Bank building at the corner of Main and Dexter Streets.  Councilor Hodge has received complaints that the building is not secured and can be entered from the first floor level.  He further states that there is broken glass on the property, as well as a general run-down appearance of the property.  The Council would like Mr. Travers to inspect this location and take the necessary steps to have any violations corrected.

 

The following ordinance is read for the second time and PASSED on a roll call vote, as follows:

 

Ayes – Councilors Grebien, Hodge, Hoyas, Moran and Wildenhain.

 

Noes – President Barry, Councilors Carr and Vieira.

 

330      ORDINANCE RESTRICTING THE USE OF TOBACCO PRODUCTS AT PUBLIC ATHLETIC AND RECREATIONAL FACILITIES IN THE CITY OF PAWTUCKET - SUBSTITUTE A, AS AMENDED.

 

The following ordinance is read for the first time and PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Carr, Grebien, Hodge, Hoyas, Moran, Vieira and Wildenhain.

 

Noes – 0.

 

ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE 1996-1997 ANNUAL OPERATING BUDGET, CHAPTER 2414.

 

Upon recommendation of the Ordinance Committee, the following ordinance is LAID ON THE TABLE on a unanimous voice vote:

 

ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (Zoning Ordinance) (Roosevelt Avenue & Exchange Street)

 

THE CLERK IS INSTRUCTED TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD ON WEDNESDAY, MAY 6, 1998.

 

COUNCILOR BRAY RETURNS TO THE CHAMBER AT 9:05 P.M.

 

THE ORDINANCE COMMITTEE RETURNDS THE FOLLOWING ORDINANCE WITH A RECOMMENDATION FOR APPROVAL, WITH THE FOLLOWING AMENDMENT:

 

ORDINANCE AMENDING CHAPTER 2175 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ALSO KNOWN AS SECTION 76-01 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “REAL PROPERTY TRANSACTIONS  (Limiting duration of leases.)

 

Subsection (b) shall read as follows:

 

(b) The City Council shall not approve, nor shall the City of Pawtucket enter into a lease agreement for real property, if said lease exceeds a period of five (5) years ten (10) years.  If said lessee intends to request an extension of the lease, the City must be notified one (1) year prior to the termination of the existing lease.  Said extension shall not exceed a period of five (5) years, which will be reviewed and may be renewed.

 

Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the AMENDMENT to the ordinance entitled, “ORDINANCE AMENDING CHAPTER 2175 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ALSO KNOWN AS SECTION 76-01 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “REAL PROPERTY TRANSACTIONS”  (Limiting duration of leases)” is PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, Vieira and Wildenhain.

 

Noes – 0.

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

With majority consent of the Council, the following motion made by Councilor Carr, seconded by Councilor Vieira, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Chief Richard E. DeLyon, Police Department, regarding overtime parking enforcement.  In particular, the Council is requesting  that the Police Department enforce the overtime parking restrictions on Main Street, between Park Place and Roosevelt Avenue.

 

The following ordinance is read  for the first time, AS AMENDED,  and is PASSED on a roll call vote, as follows:

 

Ayes – President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, Vieira and Wildenhain.

 

Noes – 0.

 

ORDINANCE AMENDING CHAPTER 2175 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ALSO KNOWN AS SECTION 76-01 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “REAL PROPERTY TRANSACTIONS  (Limiting duration of leases,) AS AMENDED.

 

THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

 

ORDINANCE AMENDING CHAPTER 383 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “VEHICLES, ABANDONED AND NON-OPERATIONAL.”

 

ORDINANCE AMENDING SECTION 16 OF CHAPTER 347, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “SOLID WASTE.”

 

ORDINANCE AMENDING CHAPTER 2473 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED MEMORIAL HOSPITAL “HOSPITAL ZONE” PARKING.

           

The following application for license was Laid on the Table at the meeting held  March 25, 1998 and is again taken up and is LAID ON THE TABLE until MAY 6, 1998, on a unanimous voice vote:

 

VICTUALLING HOUSE (First Class)

 

Paradise Club LLC d/b/a Paradise Club, 250 Main Street LIC#486

 

*THE FOLLOWING LICENSES ARE GRANTED ON A UNANIMOUS VOICE VOTE:

 

AUTOMOBILE REPAIR SHOP LICENSES (ALL RENEWALS)

 

All Roads Corp., 643 Central Avenue LIC#30179

*B. Baron Automotive Inc., 25 Hazel St  LIC#30153

*Dorman’s Auto Sales & Service Inc., 441 Prospect St LIC#30032

*J. M. Enterprises d/b/a Goff Gas, 75 Goff Ave LIC#30222

Monarock Truck & Trailer Service Inc., 350 Walcott St  LIC#30079

*Rhode Island Custom Cycles, Inc., 18 Dunnell Lane LIC#30193

David Savastano d/b/a David Savastano’s Texaco, 895 Mineral Spring Ave LIC#30102

Tiki Auto Sales Inc., 772 Main St LIC#30114

Tiki Auto Sales Inc d/b/a Tiki Auto Repair, 64 Hilton St LIC#30113

           

POOL TABLE (RENEWALS)

 

2nd Ward Independent Club, 409 Cottage St (one table)  LIC#G0023

Peddler’s Inn Inc., 94 Middle St (one table) LIC#G0032

 

PUBLIC LAUNDRY (NEW)

 

Dawn Connell d/b/a Clover Laundry, 609 Main St LIC#A0059

 

PUBLIC LAUNDY –

 

Bawa & Gill, Inc., d/b/a Tidy Mom (previously Kapoor Inc., d/b/a Tidy Mom, 11 Benefit Street LIC#60

 

SUNDAY SALES (lst Class) – NEW

 

Walgreen Eastern Co., Inc. d/b/a Walgreen’s, 100 Broad St LIC#20318

 

SUNDAY SALES (1st Class) – RENEWALS

 

Central Avenue Bakery Inc., 679 Central Ave LIC#20020

Alipio R. DaSilva, 312 Barton St LIC#20034

Jim & Lori Inc., d/b/a J L Super Stores, 848 Newport Ave LIC#20103

Midland Farms Inc., 136 Spring St LIC#20139

Fola Sule d/b/a Toffs Market, 916 Main Street LIC#20230

 

SUNDAY SALES (2ND Class) – NEW

           

Charmaine Carpenter d/b/a Another Man’s Treasures, 641 Armistice Blvd. LIC#20317

           

SUNDAY SALES (2ND Class) – RENEWALS

 

Emilia Mendes d/b/a Elegant Bridal Creations and Alterations, 509 Armistice Blvd LIC#20241

           

Rodrigo Velez d/b/a La Casa Del Perfume, 320 West Ave. LIC#20004

 

SUNDAY SALES (3RD Class) – RENEWAL

 

Robert Fromich d/b/a Rose Bud Florists, 386 Central Ave LIC#20138

 

SECOND HAND SHOP – RENEWALS

 

CLASS A AND B (Selling used automobiles and parts)

 

All Roads Corp. d/b/a G & F Automotive, 643 Central Ave LIC#40169

*Dorman’s Auto Sales & Service Inc., 441 Prospect St LIC#40031

Dorman’s Auto Sales & Service Inc., d/b/a Dorman’s Auto Sales Annex, 124 Beverage Hill Ave LIC#40189

Monarock Truck & Trailer Service Inc., 350 Walcott St LIC#40109

*Rhode Island Custom Cycles, Inc., 18 Dunnell Lane LIC#40190

Tiki Auto Sales Inc., 772 Main St LIC#40101

 

CLASS B (Selling used parts only)

 

*J.M. Enterprises d/b/a Goff Gas, 75 Goff Avenue LIC#40223

 

CLASS C (Selling used miscellaneous merchandise)

 

Mr. Tom Tux Inc., 214 Broadway LIC#40067

 

619      COUNCILOR HODGE ABSTAINS FROM VOTING ON THIS APPLICATION FOR LICENSE BASED ON HIS STATEMENT  THAT  “OWNER OF THE ABOVE NAMED ESTABLISHMENT.”

 

VICTUALLING HOUSE (First Class) NEW

 

Madeline Ghazal d/b/a Shish Kabob, 555 Smithfield Avenue  LIC#492

 

Brenda Harrop d/b/a Pleasant View Pizza (previous owner Atha & Mina Salpoglou d/b/a Pleasant View Pizza) 570 Broadway & 5 Lilac Street LIC#491

 

AUTO REPAIR AND SECOND HAND SHOP LICENSES WITH STIPULATIONS OR RESTRICTIONS.

 

*B. Baron Automotive, Inc. 25 Hazel St. LIC#30153

 

1.         Hours of operation will be from 8:30 AM to 6:00 PM Monday through Friday, 9:00AM to 3:00 PM on Saturday and no hours of operation on Sunday.

2.         No towing before or after stated business hours.

3.         No spray painting or body work.

4.         No more than eight vehicles on the property during business hours and no more than five vehicles after hours.

5.         Remove all bobbed wire from location by March 15, 1995.

6.         Install a roof vented exhaust system by March 15, 1995.

7.         Install a speed bump at the driveway entrance by March 15, 1995.

 

*Dorman's  Auto Sales & Service Inc., 441 Prospect St. LIC#30032 & 40031  

 

1.         No auto body work to be done.

2.         Hours are Mon-Fri 8Am - 6PM.

3.         No off-street parking of vehicles (employees or cars to be sold).

4.         Signs to be on building only.

5.         No 6FT fence allowed in front of building.

 

*J.M. Enterprises d/b/a Goff Gas, 75 Goff Ave., LIC#30222 & LIC# 40227

 

1.         Fence or blockade to be put up on Dexter Street side of property on border with neighbor.

2.         Remove phone near Dexter Street.

 

*Rhode Island Custom Cycles, LLC., 18 Dunnell Lane  LIC#30193 & 40190  Name change 8/23/95

 

1.         Hours 9:00 AM - 6:00 PM Weekdays

2.         Hours 9:00 AM - 2:00 PM Saturdays

3.         CLOSED SUNDAYS

 

*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

 

John Dutchover, by Attorney Edward E. V. D’Agostino – no amount specified

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

 

Ayes – President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, Vieira and Wildenhain.

Noes – 0.

 

Philomenia Bocchini - $120.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

 

Ayes – President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, Vieira and Wildenhain.

Noes – 0.

 

Ronald D’Agostino - $2,707.52

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

With majority consent of the Council, Councilor Carr introduces the following ordinance:

 

ORDINANCE IN AMENDMENT OF CHAPTER 293 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1966 (P.T.E. PROGRAM)

 

Upon motion made by Councilor Carr, seconded by Councilor Hodge, the following ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:

 

ORDINANCE IN AMENDMENT OF CHAPTER 293 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1966 (P.T.E. PROGRAM)

 

Upon Motion made by Councilor Vieira, seconded by Councilor Hodge, the meeting is adjourned at nine twenty o’clock p.m.

April 8, 1998 - Regular City Council Session
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