February 11, 1998 - Regular City Council Session

City Council, February 11, 1998.

A regular session of the City Council is held Wednesday, February 11, 1998, at eight o’clock p.m.  All the members are present except Councilor Hodge; President Barry presides.

The reading of the records of January 21, 1998, is dispensed with and the records are approved as prepared by the Clerk.

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

THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028      A.        Communication from Senator John H. Chafee to Mr. Richard J. Goldstein, CMC/AAE, Clerk.  (Potential federal funding for video camera safety net system in Pawtucket.)

7          B.         Communication from Thomas F. Doucette, P.E., Acting Chief Engineer, Pawtucket Water Supply Board to Janice M. LaPorte, CMC, Clerk.  (45% rate hike information.)

028      C.        Communication from Brother Thomas Casey, F.S.C., Principal, St. Raphael Academy to Richard J. Goldstein, Clerk.  (Illegal parking around St. Raphael Academy.)

028      D.        Communication from James J. Malachowski, Chairman, Public Utilities Commission to Janice M. LaPorte, CMC, Clerk. (Rate increase filed by the Pawtucket Water Supply Board.)

028      E.         Resolution from the Richmond Town Council requesting support of legislation to increase the cities and towns share of the Realty Stamp Tax.

028      F.         Resolution from the Lincoln Town Council requesting support of Rhode Island House Bill No. 98-H 7187, “AN ACT RELATING TO THE NARRAGANSETT BAY.”

028      G.        Resolution from the East Greenwich Town Council, requesting support of legislation that provides for Educational Financial Support.

592      H.  Communication from Michael D. Cassidy, Director, Department of Planning and Redevelopment, to The Honorable City Council.  (Transmittal of Annual Report - City Planning Commission.)

616      I.          Communication from Michael E. Burns, Traffic Engineering Supervisor, to Pawtucket City Council.  (Garrity Street at Cottage Street - “No Parking to Corner”)

613      J.          Memo from Diane Janelle, Legal Department to Janice LaPorte, City Clerk. (Ordinance prohibiting nudity on premises where alcoholic beverages are offered for sale.)

028      Communication from John D. Deacon, Jr., Attorney at Law, to the City Council.  (Maxi-Drug, Inc., d/b/a Brooks Pharmacy - reimbursement of assessed taxes,) is READ AND ORDERED FILED.

632      Communication from Michael J. Lefevre to the Pawtucket City Council.  (Residency requirement extension request,) is APPROVED PENDING THE FILING OF A LETTER OF RESIGNATION FROM THE SCHOOL DEPARTMENT, EFFECTIVE AT THE END OF THIS SCHOOL YEAR.  SAID LETTER MUST BE RECEIVED NO LATER THAN MARCH 1, 1998.

COUNCILOR VIEIRA VOTES “NO”.

609      Communication from Mary C. Hanley, E/P Manager - Right of Way , NYNEX to City Clerk. (to place 135' of conduit from MH C6 at the corner of Broad Street and Beatty Street) IS APPROVED PENDING APPROVAL BY DIRECTOR OF PUBLIC WORKS.

609      Communication from Mary C. Hanley, E/P Manager - Right of Way , NYNEX to City Clerk. (To place 120' of conduit from MH N8-1 at Roosevelt Avenue and Blackstone Streets to P. 14 on Blackstone Street) IS APPROVED PENDING APPROVAL BY DIRECTOR OF PUBLIC WORKS.

ELECTION OF CITY OFFICERS   (2 year terms) ARE TAKEN UP:

CITY SERGEANT

Upon motion made by Councilor Hoyas, seconded by the entire City Council,   ALBERTINO LOURENCO IS ELECTED CITY SERGEANT,  on a roll call vote, as follows:

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

Noes - 0.

JUDGE OF PROBATE

Upon motion made by Councilor Wildenhain, seconded by the entire City Council,   CRISTINE L. MCBURNEY IS ELECTED JUDGE OF THE PROBATE COURT, on a roll call vote, as follows:

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

Noes - 0.

SEALER OF WEIGHTS AND MEASURES

Upon motion made by Councilor Grebien, seconded by the entire City Council, KENNETH E. O’NEILL , SR.,  IS ELECTED SEALER OF WEIGHTS AND MEASURES,  on a roll call vote, as follows:

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

Noes - 0.

THE FOLLOWING CITY OFFICERS ARE ELECTED ON A UNANIMOUS VOICE VOTE:

WEIGHERS OF MERCHANDISE (ALL RENEWALS)

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

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

The Clerk is instructed to send a communication to Mayor Doyle asking that he investigate all invoices for legal services incurred by the Pawtucket Water Supply Board from January 1, 1997, to the present.

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Bray, IS PASSED on a unanimous voice vote:

The Clerk is instructed to send a communication to Thomas Doucette, Acting Chief Engineer, Pawtucket Water Supply Board,  asking for monthly expense reports detailing expenditures made by the Water Supply Board.  Also, Mr. Doucette is further requested to furnish a copy of the minutes of the Board’s monthly meetings.

Public Hearing on a petition for WHOLESALE JUNK LICENSE of J & J Bumpers Inc d/b/a J & J Bumpers, 10 Dunnell Lane, to keep a shop for the purpose of maintaining a wholesale junk yard, which was postponed at the meeting of January 7, 1998, is again taken up: 

Representing the applicant, Joao Pinheiro, is Joseph Lamagna, Attorney, 716 Central Avenue, Pawtucket, RI.

Mr. Lamagna states that he objects to this license being classified as a “Junk” license and feels it should be licensed as a Second Hand Shop.  He states that J & J Bumpers picks up bumpers from all over the State, repairs the bumpers and resells them to auto dealers.

Mr. Pinheiro states that there are no chemicals used in the process of restoring the bumpers, only lacquer thinner to clean, and solvents to prime the bumpers.  They do not paint the bumpers.  There is a venting system in the building.  Mr. Pinheiro states that the bumpers are stored inside; however, they were outside while  the building was being restored to hold the bumpers. 

Mr. Pinheiro states that he had to appear before the Zoning Board and was given a one year variance to allow time to hide the bumpers from the view of the neighbors.  His options are either to build a car port type facility, which would be enclosed within a stockade fence; or, he could plant trees along the border of the property.  This would amount to 700 feet of plantings.  Mr. Pinheiro submits photos, which were taken this date, of the property.

Speaking in opposition is Attorney Michael Horan, Armistice Blvd., Pawtucket, RI, representing the neighbors.

Upon questioning from Attorney Horan, Mr. Pinheiro states that he purchased this property in September, 1997.  He was previously located in East Providence for five years and outgrew that location.

Mr. Horan questions Mr. Pinheiro about the Grotto Avenue storage facility.

Mr. Lamagna objects to the Grotto Avenue property being brought into this hearing.

Mr. Horan states that there are bumpers stored on Grotto Avenue.

Mr. Pinheiro states that between 3,000 to 4,000 bumpers are purchased per year; however there are no more than 6,000 - 7,000 stored at the Dunnell Avenue location.  He states that he does not do chrome plating on the premises, this work is sent out elsewhere.  He states that the building is approximately 38,000 sq. ft., with 17,000 sq.  ft. used for storage.  There are 20 employees.

Mr. Horan presents a plan for a 120' x 30' car port and asks Mr. Pinheiro if everything will be stored inside, leaving nothing stored outside.

Mr. Pinheiro states that he would have to discuss this with his partner.

Mr. Pinheiro states that there will be no chemicals used, only solvents in the cleaning process.  There is a sandblasting system inside the building, which is used to blast the bumpers to remove the finish, which causes dust.  There is a vacuum system to dispose of this, which is approved by EPA standards.

Councilor Hoyas asks Mr. Pinheiro if he was aware of the neighbors concerns.  Mr. Pinheiro states that he did not receive any complaints from neighbors, only from the city because of zoning and licensing requirements.  He did not communicate with the neighbors because not one person came to him personally.  He states that the building has been under construction for the past 2-3 months.

Councilor Hoyas feels that the neighbors’ concerns can be worked out using common sense for both the business owners and the neighbors.

Councilor Wildenhain asks if the dust caused by the sandblasting is hazardous.  Mr. Pinheiro states that it is not.

Attorney Lamagna states that the reason the bumpers were stored outside was because the building was being renovated, and feels this issue can be resolved.

Attorney Horan introduces a petition signed by concerned Pawtucket residents objecting to the Wholesale Junk License to J & J Bumpers, Inc., 10 Dunnell Lane.

Speaking in opposition is Bill Munzert, 157 Rocco Avenue, Pawtucket, RI.

Mr. Munzert shows photos taken in November of the parking lot filled with bumpers.  He states that there are highly flammable materials stored on this property and the bumpers block access for safety vehicles to get onto the property.  He feels this is a junk yard and does not belong in the neighborhood.  It is an eyesore.  He states he has lived in his home which abuts this property, for ten years and  that fires occur on an average of between 5 - 10 per year along the embankment.  He feels these bumpers are causing a serious fire safety issue.

Speaking in opposition is Diane Theiss, 145 Rocco Avenue, Pawtucket, RI.

Ms. Theiss reiterates what Mr. Munzert said.  She states that it is an eyesore to the neighborhood.  She has her home for sale, however, the property value has decreased because of this business.

Speaking in opposition is Lee-Ann Munzert, 157 Rocco Avenue, Pawtucket, RI.

Mrs. Munzert is very concerned about the safety of the neighborhood with J & J Bumpers moving in.  She reads a letter from David Quinn, Tax Assessor to Kevin Rabbitt, which is made part of the Record.

Mrs. Munzert states that the neighbors are not being treated fairly and would like to see the problems worked out to benefit all; however, she does not want to live next door to a junk yard.

Mr. Horan states that it is apparent that the neighbors are not being unreasonable.  He states that junkyard requirements are for storage to be inside the building.  There are strict standards which should be imposed on this  business.  The neighbors should not have to suffer.  He feels that the business should be operated inside the building, that this is a fair and reasonable request.  There must not be any storage of bumpers outside the building.

Mr. Lamagna states that he agrees with some of the issues and states that his client needs the opportunity to work with the neighbors.  He will store the bumpers inside, as room allows, and will comply with all EPA  regulations regarding hazardous materials.

There are no other speakers.

The hearing is closed.

Upon motion made by Councilor Hoyas, seconded by Councilor Vieira, the following application for license is LAID ON THE TABLE on a unanimous voice vote:

WHOLESALE JUNK LICENSE of J & J Bumpers Inc d/b/a J & J Bumpers, 10 Dunnell Lane, to keep a shop for the purpose of maintaining a wholesale junk yard.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, Councilor Moran submits the following communication:

Communication from Adler, Pollock & Sheehan, Attorneys at Law to David P. Moran.  (Veteran’s Memorial Park Project)

Upon motion made by Councilor Moran, seconded by Councilor Vieira, the following communication is READ AND ORDERED FILED:

028      Communication from Adler, Pollock & Sheehan, Attorneys at Law to David P. Moran.  (Veteran’s Memorial Park Project)

Petition for AUTO REPAIR SHOP LICENSE of Pedro C. Lopes d/b/a Pedro’s Auto Repair (Previously Bertrand Ledoux d/b/a Bert’s Garage), 145 Benefit Street, Tax Assessor’s Plat 5, Lot 74, for the purpose of repairing automobiles, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Pedro Lopes, 5 Paisley Street, Pawtucket, RI, applicant.

Mr. Lopes states that he has been working on cars for 10 years and is requesting permission to obtain this license so he can keep working.  His hours will be Monday - Friday, 8:00 AM-5:00 PM; Saturday, 8:00 AM-3:00 PM.

Mr. Lopes states that there will be no painting and the dumpster which is visible from the street will be enclosed.

There are no speakers in opposition.

The Hearing is closed.

Upon motion made by Councilor Moran, seconded by Councilor Grebien, the following license is GRANTED WITH STIPULATIONS, on a unanimous voice vote:

*STIPULATIONS

1.         No painting

2.         No body work

3.         Dumpster to be enclosed

AUTO REPAIR SHOP LICENSE of Pedro C. Lopes d/b/a Pedro’s Auto Repair (Previously Bertrand Ledoux d/b/a Bert’s Garage), 145 Benefit Street, Tax Assessor’s Plat 5, Lot 74, for the purpose of repairing automobiles, LIC#30231.

THE CHAIR RECOGNIZES COUNCILOR VIEIRA.

With majority consent of the Council, Councilor Vieira submits the following resolution: