City Council, April 7, 1999
A regular session of the Pawtucket City Council is held Wednesday, April 7, 1999, at eight ten o’clock p.m. in the City Council Chambers, City Hall, Pawtucket, RI.
Present – President Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.
Absent – Councilor Grebien.
President Barry presides.
The reading of the records of March 24, 1999, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
M. Pawtucket City Planning Commission Annual Report 1998
N. Pawtucket Historic District Commission Annual Report 1998
** TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, the following motion made by Councilor Carr, seconded by Councilor Wildenhain, is PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following entitled communication:
Communication from Ross Dagata, 69 Blackburn Street, Pawtucket, to Councilor David P. Moran, offering his services to serve on any of the task forces on the Mayor’s 2020 Committee.
Upon motion made by Moran, seconded by Councilor Clemente, the following communication is READ AND ORDERED FILED:
The Clerk is instructed to forward a copy of this communication to Mayor James E. Doyle. Also, a copy of the communication sent to Mayor James E. Doyle is to be sent to Mr. Dagata.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting a status report be submitted regarding the message therapy business at 78 Middle Street, Pawtucket.
The Council is asking for a summary of any activity at that location since the first arrest a few months ago, specifically if there is a massage therapy business in operation, as well as, a detailed report on all activity at that location.
The Clerk is further instructed to send a communications to Ronald F. Travers, Director of Zoning and Code Enforcement, as well as, the State Health Department, requesting a report regarding the sports therapy business being conducted at 78 Middle Street.
Communication from JoAnn Allen, Chairperson, Zoning Board of Appeals, to the Pawtucket City Council requesting an increase in wages for the Board, is READ AND ORDERED FILED and is REFERRED TO THE FINANCE COMMITTEE.
Petition for a Class A Second Hand Shop License of Joseph P. Muschiano d/b/a Cartex Auto Sales, (previously Andrea Carpeno & Jose Teixeira) 394 Pawtucket Avenue, Tax Assessor’s Plat 64, Lot 656, for the purpose of purchasing and selling second hand articles, specifically used cars, LIC# 40250, which was advertised for a hearing at this time, is taken up:
*Previous Stipulations:
1. No auto body work to be done on premises.
2. No lights other than those already in existence, and lights to be shut off no later than 9:30 p.m.
3. No parts, debris or trash will be left on grounds at any time.
*PER ORDER OF SUPERIOR COURT
Speaking in favor is applicant Joseph P. Muschiano, 386 West Avenue, Pawtucket.
Mr. Muschiano states that he understands that the neighbors have problems with this business. He agrees that the previous owner did not keep up the property; however, he has invested and has spent a lot of money in cleaning up the junk and removing debris, and he feels that he is being harassed.
Mr. Muschiano states that the neighbors who, and he directs his attention to the women in the audience, are opposed to the previous owner because of that person’s color, and that they were prejudice against the previous owner.
He states that he will not be repairing cars, and he will not be renting any bays to outsiders for auto repairs. He will continue to improve the property.
Mr. Muschiano further states that his primary business is selling cars, and that there will be no more than 11-12 cars on the lot at any one time.
Councilor Bray asks what his hours of operation will be.
Mr. Muschiano states that depends on demand and he is undecided at this point in time.
The next speaker in favor is Kenneth Topalian, 150 Ridge Street, Pawtucket.
Mr. Topalian states that he owns an auto repair shop across the street.
He agrees that Mr. Muschiano has cleaned up the property and has made a great improvement to the neighborhood.
The next speaker in favor is Peter Wildenhain.
Mr. Wildenhain states that he lives across the street from Mr. Muschiano’s business and he feels that Mr. Muschiano is doing a good job to improve the property.
The next speaker in favor is Peter Byron, 127 Sayles Avenue.
Mr. Byron states that Mr. Muschiano has cleaned up the property and has improved it, as well.
Speaking in opposition is Anne Ames, 404 Pawtucket Avenue.
Ms. Ames states that she faces the terrible side of the property. She also states that the prejudice and racial accusations made by Mr. Muschiano are not true.
There are cars parked all over the streets, and there is oil leaking from the cars being washed, as the dirty water runs into the street carrying with it oil from the cars.
She further states that auto repairs are still being conducted, and there is still activity at this business in the evening.
The next speaker in opposition is Mrs. Thomas Zarnicki.
Mrs. Zarnicki states that she has lived in this neighborhood for forty (40) years and she has a right, and needs to be respected. She states that she has never called zoning and that the statements that Mr. Muschiano has made are not true. She distributes photos to the Council showing the deplorable condition of this property and objects to her rights being invaded.
The next speaker in opposition is Eleanor Carter, 72 Harvard Street.
Ms. Carter states that she has live there since 1962 and that the property is an eyesore, and it does not make it conducive to rent property, and feels that the two previous speakers in opposition need support at this time.
The next speaker in opposition is Margaret Slaherty.
Ms. Slaherty agrees with everything that the previous speakers have said.
There are no other speakers. The hearing is closed.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the following application is LAID ON THE TABLE until a meeting with the neighbors can be held.
Petition for a Class A Second Hand Shop License of Joseph P. Muschiano d/b/a Cartex Auto Sales, (previously Andrea Carpeno & Jose Teixeira) 394 Pawtucket Avenue, Tax Assessor’s Plat 64, Lot 656, for the purpose of purchasing and selling second hand articles, specifically used cars, LIC# 40250.
*Previous Stipulations:
4. No auto body work to be done on premises.
5. No lights other than those already in existence, and lights to be shut off no later than 9:30 p.m.
6. No parts, debris or trash will be left on grounds at any time.
*PER ORDER OF SUPERIOR COURT
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge, introduces the following entitled communications:
Communication from Michael Cullinan, President, Pawtucket Slaterettes, to Bill Mulholland, Superintendent of Parks and Recreation, requesting permission to use Kool Cow as a vender at the McCarthy Complex.
Communication from Michael Cullinan, President, Pawtucket Slaterettes, to Bill Mulholland, Superintendent, Parks and Recreation, requesting permission to use Kool Cow as a vender at the Slater Park Boathouse field.
Upon motion made by Councilor Hodge, seconded by Councilor Hoyas, the following communications are READ AND ORDERED FILED and are REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
Communication from Michael Cullinan, President, Pawtucket Slaterettes, to Bill Mulholland, Superintendent of Parks and Recreation, requesting permission to use Kool Cow as a vender at the McCarthy Complex.
Communication from Michael Cullinan, President, Pawtucket Slaterettes, to Bill Mulholland, Superintendent, Parks and Recreation, requesting permission to use Kool Cow as a vender at the Slater Park Boathouse field.
COUNCILOR BRAY LEAVES THE CHAMBER AT 9:00 P.M.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
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, Clemente, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
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, Clemente, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Moran, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Francis Corrao, III, Secretary, State Traffic Commission, requesting the feasibility of placing a school zone flashing light along Newport Avenue, approaching Potter Burns School in a Northerly direction.
The Clerk is further instructed to send a communication to George L. Kelley, III, Chief of Police, to ask that he send a letter of concurrence, as well as, send a letter to Michael E. Burns, Traffic Engineering Supervisor, asking him to work with the State on this safety hazard.
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE AND THE FINANCE COMMITTEE, ON A UNANIMOUS VOICE VOTE:
ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF TWO HUNDRED SIXTY THOUSAND ($260,000.00) DOLLARS PROVIDING FOR THE RENOVATION AND IMPROVEMENTS OF PUBLIC BUILDINGS IN THE CITY OF PAWTUCKET.
ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF FOUR HUNDRED THOUSAND ($400,000.00) DOLLARS PROVIDING FOR THE RECONSTRUCTION OF HIGHWAY BRIDGES IN THE CITY OF PAWTUCKET.
ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS PROVIDING FOR THE CONSTRUCTION AND RECONSTRUCTION OF STREETS AND SIDEWALKS IN THE CITY OF PAWTUCKET.
ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS PROVIDING FOR THE RENOVATION AND RECONSTRUCTION AND EQUIPPING OF PUBLIC RECREATION FACILITIES IN THE CITY OF PAWTUCKET.
ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF EIGHT HUNDRED THOUSAND ($800,000.00) DOLLARS PROVIDING FOR THE CONSTRUCTION OF A MULTI-PURPOSE ROOM AT FALLON MEMORIAL ELEMENTARY SCHOOL IN THE CITY OF PAWTUCKET.
ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE SUM OF ONE MILLION SIX HUNDRED THOUSAND ($1,600,000.00) DOLLARS PROVIDING FOR THE RENOVATION AND EQUIPPING OF PUBLIC SCHOOL BUILDINGS IN THE CITY OF PAWTUCKET.
*The following Licenses are APPROVED on a unanimous voice vote:
AUTO REPAIR SHOP AND SECOND HAND SHOP LICENSES (Class A & B) (Selling used automobiles and parts) Renewals –
Regal Auto Body & Radiator Works, Inc., d/b/a Regal Auto Sales & Service, 370 Pawtucket Avenue, LIC# 30097 & LIC# 40083
Tiki Auto Sales, Inc., 772 Main Street, LIC# 30114 & LIC# 40101
AUTO REPAIR SHOP & SECOND HAND SHOP LICENSES (Class B) (Parts only) Renewal –
Donald E. Goulet d/b/a D & G Auto Sales, 33 Utton Avenue. LIC# 30052 & LIC#40046
AUTO REPAIR SHOP Renewals –
David Savastano d/b/a David Savastano’s Texaco, 895 Mineral Spring Avenue, LIC# 30102
Tiki Auto Sales, Inc., d/b/a Tiki Auto Repair, 64 Hilton Street, LIC# 30113
ENTERTAINMENT –
Petition of St. Cecilia Church to conduct a School Festival at 1253 Newport Avenue, (In grassy area between the Church and the School) on Saturday, June 5, 1999, from 10:00 a.m. until 7:00 p.m. LIC# 1304M
PAWN SHOP Renewal –
Paul Moskwa d/b/a American Music Sound & Light, 58 Exchange Street, LIC# 919
PEDDLER Renewals –
Palagi’s 2000 Inc. d/b/a Palagi’s Ice Cream, 55 Bacon Street, LIC# 4
TO PEDDLE: Ice Cream
DRIVERS: Frans E. Uribe, 34 Mavis Street, Pawtucket, RI
Rodrigo Florez, 3 Plantation Road, Oxford, MA
Michael Gianlorenzo, 120 Walnut Street, East Providence, RI
LOCATION: ALL OF PAWTUCKET
Frank Ribezzo, d/b/a Frank’s Catering, 62 West River Parkway, North Providence, LIC# 8
TO PEDDLE: Food & Soft Drinks
DRIVERS: Frank Ribezzo
LOCATION: Industrial Highway
SECOND HAND SHOP (Class C) Renewal –
Finders Keeper, LP, 728 Central Avenue, LIC# 40243
SUNDAY SALES (1st Class) Limited –
Alan Custer d/b/a Bob’s Convenience Store (transfer from Opportunities, Inc., d/b/a Bob’s Convenience Store), 85 Power Road, LIC# 20343
SUNDAY SALES (1st Class) Renewals –
Ann Mary Street CVS, Inc. d/b/a CVS Pharmacy 1145, 40 Ann Mary Street, LIC# 20008
Alipio R. DaSilva d/b/a Luzitania Bakery, 312 Barton Street, LIC# 20034
East Avenue CVS, Inc. d/b/a CVS/Pharmacy 2234, 407 East Avenue, LIC# 20307
Jim & Lori, Inc., d/b/a JL Super Stores, 848 Newport Avenue, LIC# 20103
Pawtucket CVS, Inc., d/b/a CVS Pharmacy 1042, 295 Armistice Blvd., LIC# 20056
Pawtucket Plaza CVS, Inc., d/b/a CVS Pharmacy 670, 601 Smithfield Avenue, LIC# 20049
S. Mario, Inc., d/b/a Mario’s Mini Mart, 620 Prospect Street, LIC# 20244
SUNDAY SALES (2nd Class) Renewals –
Emilia Mendes d/b/a Elegant Bridal Creations and Alterations, 509 Armistice Blvd, LIC# 20241
Hit or Miss, Inc., 50 Ann Mary Street, LIC# 20100
George Neville d/b/a Beauty Works, Inc., 50 Ann Mary Street, LIC# 20280
Jack B. Pina d/b/a Ligafrica Music, 423 Weeden Street, LIC# 20289
VICTUALLING HOUSE (2nd Class) –
Alan Custer d/b/a Bob’s Convenience Store (transfer from Opportunities, Inc., d/b/a Bob’s Convenience Store), 85 Power Road, LIC# 00530
VICTUALLING HOUSE (2nd Class) NEW –
Packaging Graphics Corporation, 60 Delta Drive, LIC# 00528
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PAWN SHOP BOND:
Paul Moskwa d/b/a American Music & Light, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Vanessa Caban, by Attorney Peter D’Amico – NO AMOUNT SPECIFIED
Maria Cabral/Steven Cabral - $425.85
Joyce Finnegan, by Attorney Stephen Rappoport - $1,000,000.00
COUNCILOR BRAY RETURNS TO THE CHAMBER AT 9:15 P.M.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the meeting is adjourned at nine fifteen o’clock p.m.