City Council, May 19, 1999
A regular session of the Pawtucket City Council is held Wednesday, May 19, 1999, at eight four o’clock p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
Absent – Councilor Moran.
President Barry presides.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Councilor Clemente presents the following entitled resolution to recipient Charles E. Valquette.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
THE COUNCIL RECESSES AT EIGHT NINE O’CLOCK P.M. TO CONVENE AS THE PAWTUCKET BOARD ON LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT EIGHT SIXTEEN O’CLOCK P.M.
The reading of the records of May 5, 1999, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Bray, seconded by Councilor Grebien, 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, the following motion made by Councilor Clemente, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael E. Burns, Traffic Engineering Supervisor, regarding the placing of speed warning signs on Columbia Avenue.
The Council is concerned with excessive speeding on this street, and is requesting an opinion and suggestions as to the type of signs that are effective in slowing down the speed of traffic.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Councilor Wildenhain states that he intends to follow up on this issue.
Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, City Council, regarding Greater Providence Clean Cities Coalition, is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.
Petition of *Donat J. Parenteau d/b/a Steve’s All Phase Auto Repair, 756 East Avenue (Transfer location 476 York Avenue), Tax Assessor’s Plat 66, Lot 750, to keep a shop for repairing automobiles, LIC# 30243, which was advertised for a hearing at this time, is taken up:
Representing the applicant is Jason R. Marinelli, Esq., One Ship Street, Providence, RI.
Attorney Marinelli states that his client is requesting a transfer to a new location. The property is being renovated at this time.
The underground fuel storage tanks are being removed, and the building is being renovated.
He states that a repair shop has been operating at this location over the past 5-6 years, and would like to continue this type of business.
Mr. Parenteau states that he will not increase the repair work, and he intends on keeping the repairs to simple repairs, such as brakes, oil changes and that type of work.
He hopes to begin operating by the end of the summer.
Council President Barry questions Mr. Parenteau on his previous location.
Mr. Parenteau states that the York Avenue location was closed at the end of February 1999. He was not making enough money at that business to cover his expenses.
Council President Barry questions Mr. Parenteau on being sited for operating a repair shop business at his home on Dryden Avenue.
Mr. Parenteau states that there were previous violations because he was working on cars in his back yard and he was sited to court and paid fines and is no longer working on automobiles at his home.
The new business will consist of oil changes, air conditioning work, computer work, tire changes, just basically general services.
Council President Barry states that he received complaints from the neighbors that there were three cars at this location and Mr. Parenteau does not have a license to operate at this time.
Mr. Parenteau states that one of the cars is his brother’s, and the other two were moved from the other location.
Council President Barry states that this business borders the Oakhill neighborhood and there are many homes in that area.
Council President Barry further asks how he is planning to take care of this location.
Attorney Marinelli replies and assures the Council, that the property owner Mr. Bennett will still run the service station portion of the business, and that he will insure that the property will be kept clean and operated properly.
Council President Barry asks Mr. Parenteau how many cars could be accomidated in one day.
Mr. Parenteau states that there is enough room to hold between 5-10 cars on the site. There is enough room to keep 3 cars overnight inside the building. He does not plan on leaving any cars outside, and if necessary, there would be no more than 1.
Mr. Parenteau states that he will keep the discarded tires in an enclosed area in the rear of the building and at the end of each week, he will bring them to the incinerator.
He does own a pick up truck and if there is not enough room on this property, he will need to leave the truck on the street.
The next speaker is Allan Fine, 241 Hillside Avenue, Pawtucket.
Mr. Fine states that he has lived at this location for 40 years and states that the previously run Gerry’s Gas Station, has always been a clean operation and a quite location. Mr. Fine states that he is not objecting to this change; however, he is concerned about parking cars while they are waiting to be worked on.
Mr. Fine also has a concern about the signage, and the hours of operation.
Mr. Parenteau states that there will be two 4 x 5 size sandwich board type signs on the sidewalk. His hours of operation are not determined at this time.
The next speaker is Richard J. Goldstein, 195 Park View Drive, Pawtucket.
Mr. Goldstein states that he is not objecting to this transfer, but he does have some concerns. He asks that no body work be conducted at this location, based on the fact that there is no room between the homes and the fumes would be offensive. He is concerned with parking cars on Hillside Avenue and he requests that no work be done outside the building.
Mr. Parenteau states that the gas station portion will be run by the property owner, Mr. Bennett.
There are no other speakers. The Hearing is closed.
PRESIDENT BARRY TURNS THE CHAIR OVER TO PRESIDENT PRO-TEMPORE MARY BRAY.
PRESIDENT PRO-TEMPORE BRAY PRESIDES.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Hoyas, the following petition for license is APPROVED with the following stipulations:
Petition of *Donat J. Parenteau d/b/a Steve’s All Phase Auto Repair, 756 East Avenue (Transfer location 476 York Avenue), Tax Assessor’s Plat 66, Lot 750, to keep a shop for repairing automobiles, LIC# 30243
*STIPULATIONS:
1. No Cars parked on sidewalk on East Avenue and Hillside Avenue.
2. Never more than 5 cars maximum left overnight; 3 to be stored inside; 2 outside.
3. No car sales.
4. Tires stored in enclosed area, to be removed every week.
5. No body work.
6. All work shall be done inside the building.
7. Hours of Operation shall be Monday – Friday, 8:00 a.m. – 6:00 p.m.; Saturday, 8:00 a.m. – 4:00 p.m.
8. No cars shall be parked on Hillside Avenue.
PRESIDENT PRO-TEMPORE BRAY RETURNS THE CHAIR TO COUNCIL PRESIDENT BARRY.
PRESIDENT BARRY PRESIDES.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, 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, Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following entitled communication:
Communication from Barbara M. Spencer, 295 Bloomfield Street, Pawtucket, to Councilor Paul Wildenhain. (Complaint on Revaluation)
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
028 Communication from Barbara M. Spencer, 295 Bloomfield Street, Pawtucket, to Councilor Paul Wildenhain. (Complaint on Revaluation)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to David L. Quinn, II, Tax Assessor, regarding a communication, which was sent to Councilor Wildenhain, from Barbara Spencer, regarding the home evaluations conducted by Cole-Layer-Trumble Company.
The Council is concerned that the terms of the contract entered into between the City and Cole-Layer-Trumble, are not being met. Therefore, the Council is requesting that this situation, as stated by Ms. Spencer, be investigated and that the practices of the Cole-Layer-Trumble Company be looked into. Until such time as a determination is made, the Council requests that no further payments be made.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING AMENDMENT TO THE FOLLOWING ENTITLED ORDINANCE IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CH. 2504 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” (Purchasing Department)
Add the following to Section 4:
Delete the position of Office Services Coordinator R-45 ($735.92 - $801.51)
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, Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CH. 2504 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” (Purchasing Department), AS AMENDED.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following entitled ordinance:
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the following ordinance is LAID ON THE TABLE, on a unanimous vote:
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH THE RECOMMENDATION FOR APPROVAL WITH THE FOLLOWING AMENDMENT, IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
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.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ENTITLED ORDINANCE, BEING SUBMITTED FOR FIRST PASSAGE, IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
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.).
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, and Wildenhain.
NOES – Councilor Carr.
AN ORDINANCE IN AMENDMENT OF CHAPTER 991 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “THE TRAFFIC ORDINANCE” (4-Way Stop Signs – Woodhaven Road & Scarborough Road)
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, the following motion made by Councilor Carr, seconded by Councilor Hodge, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Lt. Peter F. Kilmartin, Tobacco Compliance officer, inviting him to a Pre-Council session to be held on Wednesday, June 9, 1999, at 7:15 p.m. to discuss the enforcement of the laws prohibiting the sale of tobacco products to minors.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE A PUBLIC HEARING IS SET FOR JUNE 9, 1999, AT 8:00 P.M., ON THE FOLLOWING ENTITLED ORDINANCE:
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET. (ZONING ORDINANCE)
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING COMMUNICATION IS APPROVED ON A VOICE VOTE:
COUNCIL PRESIDENT BARRY VOTES NO.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING COMMUNICATION IS TAKEN UNDER ADVISEMENT, ON A VOICE VOTE:
COUNCILOR WILDENHAIN VOTES NO.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING COMMUNICATION IS TAKEN UNDER ADVISEMENT, ON A VOICE VOTE:
COUNCILOR WILDENHAIN VOTES NO.
THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE APRIL 7, 21, & MAY 5, 1999, MEETING AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
SECOND HAND SHOP -
Joseph P. Muschiano d/b/a Cartex Auto Sales, (previously Andrea Carpeno & Jose Teixeira) 394 Pawtucket Avenue, LIC# 40250
*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
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Joseph P. Muschiano d/b/a Cartex Auto Sales, 394 Pawtucket Avenue, advising him that he does not have a license to operate. Therefore, no sales or activity are allowed at this location.
*The following Licenses are APPROVED on a unanimous voice vote:
AUTO REPAIR SHOP AND SECOND HAND SHOP LICENSES (Class A) (Selling used automobiles) Renewal –
*Dominic Mazza d/b/a Dominic Mazza Auto Repair and Sales, 284 Kenyon Avenue, LIC# 30210, 40208
1. No Painting.
2. There will be timer lights on at night.
AUTO REPAIR SHOP Renewals –
Richard L. Audette d/b/a A & S Wheel and Brake, 514 Broadway, LIC# 30010
Jiffy Lube International d/b/a Jiffy Lube, 121 Newport Avenue, LIC# 30159
ENTERTAINMENT –
Petition of the Pawtucket Red Sox to conduct a Fireworks Display – Illumination Show at McCoy Stadium, on Sunday, May 30, 1999, from 9 p.m. to 11 p.m. and on Sunday September 5, 1999, from 9 p.m. to 11 p.m., LIC# 1299M
Petition of the Pawtucket Citizens Fireworks Committee to conduct a Fireworks Display – Illumination Show at McCoy Stadium, on Saturday, June 3, 1999, from 9 p.m. to 11 p.m., LIC# 1298M
PEDDLER –
B & D Refreshments, Inc., d/b/a Pawtucket Del’s, Pawtucket, RI, LIC# 12
NEW DRIVER: Roxanne Teixeira, 42 Tobey Street, Providence, RI
LOCATION: ALL OF PAWTUCKET, PARK PLACE, OCTOBERFEST, HERITAGE 4TH OF JULY FIREWORKS, CHURCH FESTIVAL.
Palagi’s 2000, Inc., d/b/a Palagi’s Ice Cream, 55 Bacon Street, Pawtucket, LIC# 4
NEW DRIVERS: David Melvin, 26 Pawtucket Avenue, East Providence, RI
Jorge H. Amaya, 43 Hillwood Avenue, Cranston, RI
LOCATION: ALL OF PAWTUCKET
SECOND HAND SHOP (Class C) Renewal –
Copper Industries, 29 Dunnell Lane, Unit A, LIC# 40023
Pauline B. Lefebvre d/b/a My Three Sons, 201 Pine Street, LIC# 40053
SUNDAY SALES (3rd Class) Renewal –
Robert Fromich d/b/a Rose Bud Florist, 386 Central Avenue, LIC# 20138
VICTUALLING HOUSE (1st Class) New –
Pawtucket Taco, LLC, 7 Newport Avenue, LIC# 00534
VICTUALLING HOUSE (1st Class) –
Ana Molina d/b/a El Salvador Restaurant (transfer from Emilia Hernandez & Jose Hernandez d/b/a El Salvadore Restaurant), 204 Broad Street, LIC# 00531
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS, ON A UNANIMOUS VOICE VOTE:
Tina M. Ahlborg - $367.85/$384.90
Lisa Cipriano - $2058.98
George McQuesten, by Attorney Charles J. Vucci - $100,000.00
Lubelia Reis - $1717.74/$1986.87
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Claim of Russell A. Leigh – $305.00 (Car Cleaning)
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT, ON A UNANIMOUS VOICE VOTE:
Claim of Ana Sherman, by Attorney Robert D. Oster – NO AMOUNT SPECIFIED
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT THE PAWTUCKET WATER SUPPLY BOARD, ON A UNANIMOUS VOICE VOTE:
Claim of Joseph A. Cunha - $312.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED, ON A UNANIMOUS VOICE VOTE:
Claim of Cheryl Curran - $130.00
Upon motion made by Councilor Wildenhain, seconded by Councilor Bray, the meeting is adjourned at nine thirty-five o’clock p.m.