City Council, June 9, 1999
A regular session of the Pawtucket City Council is held Wednesday, June 9, 1999, at eight twelve o’clock p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran and Wildenhain.
Absent – Councilor Carr.
President Barry presides.
THE FOLLOWING PETITION FOR LICENSE, WAS LAID ON THE TABLE ON APRIL 7, 21, MAY 5, 19, 1999, AND IS TAKEN UP:
second hand SHOP Class A –
Joseph P. Muschiano d/b/a Cartex Auto Sales, (previously Andrea Carpeno & Jose Teixeira) 394 Pawtucket Avenue, LIC#40250
*Previous Stipulations:
1. No auto bodywork 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
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following entitled communication:
Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to Council President John Barry, III, and Council Members. (394 Pawtucket Avenue)
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the following License is DENIED, based on the Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, which states that a building permit has been issued to Mr. Muschiano on June 7, 1999 to convert this building into a Barber Shop.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Hodge, 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, instructing him to inspect 394 Pawtucket Avenue, and inform Mr. Muschiano that his petition for a Class A Second Hand Shop License has been DENIED, and all vehicles that are stored at this location must be removed immediately.
THE COUNCIL RECESSES AT EIGHT FIFTEEN O’CLOCK P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING ENTITLED ORDINANCE:
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE)
THE COUNCIL RECONVENES AT EIGHT TWENTY-EIGHT O’CLOCK P.M.
The reading of the records of May 19, 20, 25, 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:
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following entitled communication:
Communication from Kevin Kazarian, 61 Olive Street, to Councilor David Clemente. (Condition of properties on Nickerson Street)
Upon motion made by Councilor Clemente, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send communications to Michael D. Cassidy, Director of Planning and Redevelopment, and Ronald F. Travers, Director of Zoning and Code Enforcement, to invite them to a Pre-Council Session scheduled for July 7, 1999, to discuss the Council’s concern with the condition of the properties located at 6, 8, and 12 Nickerson Street, and to discuss what can be done regarding these absentee landlords and repeat offenders of slum properties.
Communication from John T. Gannon, McCorry and Gannon, to Janice M. LaPorte, CMC, City Clerk, (Assignment of Municipal Parking lot lease between the City of Pawtucket and 43 Broad Street, Inc.), is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from John T. Holmes, Animal Control Supervisor, to the Pawtucket City Council. (Barking Dog Complaints)
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
The Clerk is instructed to forward a copy of this communication to Mr. Joseph Zito, 20 Eldridge Street.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following petition:
Petition signed by the residents of Chaplin Street and Norris Avenue, requesting that a 4‑Way Stop Sign be placed at this intersection.
Upon motion made by Councilor Moran, seconded by Councilor Hoyas, the following petition is READ AND ORDERED FILED:
Upon motion made by Councilor Moran, seconded by Councilor Hoyas, the following ordinance is LAID ON THE TABLE and is REFERRED TO THE ORDINANCE COMMITTEE and the TRAFFIC ENGINEER:
AN ORDINANCE IN AMENDMENT OF CHAPTER 991 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “THE TRAFFIC ORDINANCE” (4-Way Stop Signs – Chaplin Street and Norris Avenue)
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 Ronald F. Travers, Director of Zoning and Code Enforcement, requesting an update on the status of the tattoo sign on Newport Avenue.
A response is requested in time for the June 23, 1999, meeting of the Pawtucket City Council.
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 compile reports on the City’s PTE Program, and find when the last report was filed.
The Clerk is further instructed to send a communication to George L. Kelley, III, Chief of Police, requesting that a report be submitted going back to the last report received, as well as a request to submit quarterly reports in the future.
The Council is also requesting information on the revenue derived from the violations, specifically, the amount of money collected from these violations and what is this money being used for.
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 Thomas F. Doucette, P.E., Acting Chief Engineer, Pawtucket Water Supply Board, regarding a rusty water problem for those residents living at 202 and 205 Maplecrest Drive.
The Council is asking for a report as to what the problem was on June 4, 1999, which caused the rusty water to these homes.
The Council is further requesting that a fire hydrant be installed at this location and for information on what the procedure is to have a hydrant at this vicinity.
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 Ronald F. Travers, Director of Zoning and Code Enforcement, regarding the former State Line Café building on 514 Benefit Street.
The Council is asking that this building be inspected to determine if there is anyone living on the second floor and to ensure that the zoning regulations are being complied with.
Petition for a Class C Second Hand Shop License of Tuxedo’s By Merian Inc., (Previously Mr. Tom Tux Inc.) 214 Broadway, Tax Assessor’s Plat 22, Lots 199, 227, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothing, LIC#40254, which was advertised for a hearing at this time, is taken up:
There are no speakers.
The Hearing is closed.
Upon motion made by Councilor Moran, seconded by Councilor Hoyas, the following license is APPROVED on a voice vote:
619 COUNCILOR HODGE ABSTAINS BASED ON HIS STATEMENT THAT HE “HAS A BUSINESS RELATIONSHIP WITH THE PRESENT OWNER, AS A FORMER OWNER OF THE BUSINESS” – REPORT FILED.
Petition for a Class C Second Hand Shop License of Tuxedo’s By Merian Inc., (Previously Mr. Tom Tux Inc.) 214 Broadway, Tax Assessor’s Plat 22, Lots 199, 227, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothing, LIC#40254
The following resolution, submitted by Council President Barry is DENIED, on a roll call vote, as follows:
AYES – 0.
NOES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
023 TAXPAYER RELIEF RESOLUTION
The following resolution is read and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, on behalf of Council President Barry, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Thomas F. Doucette, P.E., Acting Chief Engineer, Pawtucket Water Supply Board, to invite him to a Pre-Council session of the Pawtucket City Council on Wednesday, June 23, 1999, to discuss the Water Supply Board’s plan regarding the condition the City streets will be left in, after the project on the water pipes throughout the City is completed.
COUNCILOR BRAY LEAVES THE CHAMBER AT 9:07 P.M.
THE FOLLOWING RESOLUTION IS REFERRED TO THE FINANCE COMMITTEE:
RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE CHANGES TO THE POLICE AND FIREFIGHTERS PENSION FUND.
COUNCILOR BRAY RETURNS TO THE CHAMBER AT 9:10 P.M.
THE FOLLOWING MATTER WAS LAID ON THE TABLE AT THE MEETING HELD MAY 19, 1999, AND IS AGAIN TAKEN UP:
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING AMENDMENT TO THE FOLLOWING ENTITLED ORDINANCE IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran and Wildenhain.
NOES - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE ORDINANCE CODE OF THE CITY OF PAWTUCKET, RHODE ISLAND (Amendment to Official Zoning Map – 596 Newport Avenue.)
Section 2 shall read as follows:
SECTION 2. The following limitations limitation for use are is placed on Plat 28, Lot 1073. Lot 1073 limited to: one-family, two family, or office uses.
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, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE ORDINANCE CODE OF THE CITY OF PAWTUCKET, RHODE ISLAND (Amendment to Official Zoning Map – 596 Newport Avenue,) AS AMENDED.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
COUNCILOR MORAN LEAVES THE CHAMBER AT 9:15 P.M.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING AMENDMENT TO THE FOLLOWING ENTITLED ORDINANCE IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE)
Change the following section to read as follows:
Section 410-15.1 – A land development project, is a parcel or parcels of land, containing at least twenty thousand (20,000) square feet of land area, which is developed according to a plan and is in accordance with this Section as a single entity. The planned development may contain one or more residential, INDUSTRIAL, INSTITUTIONAL, and/or commercial structures with appurtenant recreation buildings, common areas, open space and roadways. The purpose of a planned development is to allow for the creation of residential, commercial, industrial and mixed-use developments through careful site planning.
Add the following definition under Section 410.85:
“SANDWICH BOARD (SIDEWALK) SIGN – ANY FREESTANDING, MOVABLE OR IMMOBILE SIGN PLACED WITHIN THE CITY RIGHT OF WAY (SIDEWALK). SEE SECTION 351-14 OF CHAPTER 351 STREETS AND SIDEWALKS OF THE ORDINANCES OF THE CITY.”
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, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Ordinance in amendment OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) AS AMENDED.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, 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 Bray, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
the chair recognizes councilor clemente.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Grebien, is PASSED on a unanimous voice vote.
The Clerk is instructed to prepare the following entitled ordinance:
AN ORDINANCE IN AMENDMENT OF CHAPTER 991 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “THE TRAFFIC ORDINANCE” (Multi-Way Stop Signs – Overland Avenue and Atwood Avenue)
Upon motion made by Councilor Clemente, seconded by Councilor Grebien, the following entitled ordinance is LAID ON THE TABLE and is REFERRED TO THE ORDINANCE COMMITTEE, on a unanimous voice vote:
AN ORDINANCE IN AMENDMENT OF CHAPTER 991 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “THE TRAFFIC ORDINANCE” (Multi-Way Stop Signs – Overland Avenue and Atwood Avenue)
the following ordinance IS laid on the table and referred to the finance committee, on a unanimous voice vote:
ORDINANCE FIXING THE SALARIES OF HEADS OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2501.
COUNCILOR MORAN RETURNS TO THE CHAMBER AT 9:20 P.M.
upon recommendation of the city property committee the following license is approved with the following stipulations, on a unanimous voice vote:
ENTERTAINMENT:
Riverfront Commission requesting permission to hold Concerts and Operate a Food Vending Concession Stand at the Veterans Memorial Amphitheater, Roosevelt Avenue on the following dates: Sundays, June 13, 20, 27; July 11, 25; August 8, 22, 1999, from 6:00 p.m. until 8:00 p.m. LIC#1308M
STIPULATIONS:
1. No other vendor shall be allowed to be with a 300’ radius of amphitheater.
2. Vendor is responsible for keeping the area clean.
3. Applicant must provide a copy of liability insurance.
4. Approval of Rhode Island Department of Health prior to issuing license.
The following license is APPROVED on a unanimous voice vote:
VICTUALLING HOUSE 1st Class –
Churrasqueira DaBeira, Inc., 569 Broadway (transfer from 434 Broadway) LIC#532
*The following petitions for licenses are APPROVED on a unanimous voice vote:
ENTERTAINMENT –
Petition of Fairlawn Little League for license to conduct a Wrestling Match Show at Vets Park on June 18, 1999 from 7:00 p.m. until 9:00 p.m., LIC#1310M
Petition of Fidjos DiDjabraba, for license to conduct the Annual St. Joao Day Celebration, at 682-684 Roosevelt Avenue (Parking Lot area) on Saturday, June 26, 1999, from 11:00 a.m. until 10:00 p.m. LIC#1309M.
(Previous stipulations)
1. Hire 3 police officers
2. Submit a parking plan with written approval of abutting businesses for the use of additional parking spaces.
3. All beverages served outside must be in plastic containers.
4. Entrance on Roosevelt Avenue must NOT be used.
5. No DJ outside after 8:00 p.m.
6. Trash must be cleaned up immediately after picnic.
Petition of Holy Spirit Committee for a license to conduct a St. Anthony’s Feast Day Festival indoors and outdoors at 32 Lawn Avenue (Church Hall and Church Parking Lot) on Friday, June 11, and Saturday, June 12, 1999, from 7:00 p.m. until 12 midnight, and on Sunday, June 13, 1999, from 5:00 p.m. until 10:00 p.m., LIC#1311
Petition of Woodlawn Neighborhood Association; Pawtucket P.A.L.; Pawtucket Community Police Unit request permission to conduct Family Day Picnic, at Paine Park REQUEST TO CLOSE WEST AVENUE FROM RANDALL STREET TO JEFFERSON STREET on Saturday, June 20, 1999, from 1:00 p.m. until 3:00 p.m. LIC#1306M
FORTUNE TELLER –
Christina White d/b/a Palm Reader, 583 Central Avenue, LIC#1300
PEDDLER –
William Frank d/b/a Candi Plus, Inc., 53 Lafayette Street, LIC#14
NEW DRIVERS: Tom Blye, 537 Thatcher Street, Attlebourgh, MA
David Mochman, 18 Western Promanade, Cranston, RI
Randi Frank, 53 Lafayette Street, Pawtucket, RI
Palagi’s 2000 Inc., d/b/a Palagi’s Ice Cream, 55 Bacon Street LIC#4
NEW DRIVER: Eli A. Cruz, 111 Benefit Street, Providence, RI
LOCATION: ALL OF PAWTUCKET
ONE DAY SPECIAL EVENT PEDDLER LICENSE FOR 4TH OF JULY FIREWORKS CELEBRATION, ON JULY 3, 1999, FOR THE FOLLOWING INDIVIDUALS –
K & S Novelty Inc., 29 Lauriston Street, Providence, RI LIC#15
DRIVERS: Kevin Skelly
Allan D. Bernstein
Jeamine Walker
LOCATION: Division Street/McCoy Stadium Area
PINBALL & AMUSEMENT DEVICES All Renewals –
1537 Corp d/b/a M Spumoni & Family, 1537‑1539 Newport Ave. (ONE) LIC#70002
Benefit Street Pub Inc., 433 Benefit St. (ONE) LIC#70049
Boulevard Billiard Club, 508 1/2 Armistice Blvd. (FIVE)
LIC#70008
Carousel Sports Lounge Inc. 507 Armistice Blvd. (TWO) LIC#70029
Celtic Pub Inc. d/b/a Celtic Pub, 755 Broadway & 5 Columbine Ave. (TWO) LIC#70012
Clube Social Portugues Inc., 131 School St. (ONE) LIC#70013
Community Center of Grupo Amigos DaTerceira Inc., 55 Memorial Drive, (ONE) LIC#70052
Elias Dernikos d/b/a City Line Pizza & Restaurant, 590‑ 8 Pawtucket Ave. (ONE) LIC#70014
Duffin's Pub Inc., 215 Division St. (TWO) LIC#70015
Dusz-Almeida Post #2339 (Four Corners Building Association of Post No. 2339 Veterans of Foreign Wars of the United States Inc., 178 Columbus Ave. (ONE) LIC#70050
Fred's Place Inc., 4 Grace St. (TWO) LIC#70016
G & J Bar & Grille Inc. d/b/a Vet’s Bar & Grille, 623 Central Ave. (TWO) LIC#70044
Happy Hour Club, 404 Benefit St. (ONE) LIC#70018
K.J. Cummings Inc. D/b/a Surkont’s Cafe, 140-142 Japonica St. (ONE) LIC#70042
Lafayette Social Club Inc., 71‑73 Benefit St. (ONE) LIC#70021
M and S Barbosa Tavern Inc. d/b/a Charlie's Tavern, 185 Dexter St. (TW0) LIC#70024
Joseph Marques d/b/a Boulevard Tap, 572 Armistice Blvd. (TWO) LIC#70040
Pawtucket Lodge of Elks No.920, 27 Exchange St. (TWO) LIC#70043
R & N Inc., d/b/a Casters Pub, 605 Broadway. (ONE) LIC#70045)
Royal Antedeluvian Order of Buffaloes, 532 Lonsdale Ave. (TWO) LIC#70030
S & L Inc. d/b/a Cafe Ordway, 3 Ordway St. (ONE) LIC#70031
Town Lounge Inc., 451 Prospect St. (TWO) LIC#70036
GAME ROOM Renewal –
Boulevard Billiard Club, 508 1/2 Armistice Blvd LIC#80001
SECOND HAND SHOP Class C (Miscellaneous merchandise) Renewal –
Private Appliance Service & Sales, Inc., 129 Broad Street LIC#40204
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Hoyas, the following petition for license is DENIED on a unanimous voice vote:
SUNDAY SALES 2nd Class NEW –
Hyo Kim d/b/a Tokyo Spa, 72 East Street, LIC# 20350
*CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Marie and Fred, Abatecola, by Attorney Joseph A. Capineri - $200,000.00
Gladys Dones ppa Anthony Lopez, by Attorney Michael T. Prew – NO AMOUNT SPECIFIED
Richard C. Katowicz - $108.46/$140.96
Catherine Meunier, by Attorney Dennis E. Carley – NO AMOUNT SPECIFIED
Cathleen Winsor - $55.00
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following claims:
Al Carvalho - $66.00
Mary Pita - $60.00
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the following claims for damages against the City are REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS.
Al Carvalho - $66.00
Mary Pita - $60.00
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge requests that the meeting be adjourned in memory of Natasha Puerta.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente requests that the meeting be adjourned in memory of Bill Murray, of the Barton Street Neighborhood Association.
Upon motion made by Councilor Hodge, seconded by Councilor Clemente, the meeting is adjourned in memory of Natasha Puerta, and Bill Murray, at nine twenty-four o’clock p.m.