City Council, December 6, 2000
A regular session of the Pawtucket City Council is held Wednesday, December 6, 2000, at eight ten 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, Moran, and Wildenhain.
Absent – 0.
President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT EIGHT TWENTY O’CLOCK P.M.
COUNCIL PRESIDENT BARRY CALLS A SPECIAL HEARING TO REVIEW THE SIDEWALK CONSTRUCTION PROJECT ON BREWSTER STREET, YOUNG STREET, ARCH STREET, MAYNARD STREET, RHODE ISLAND AVENUE AND POND STREET.
Council President Barry questions Michael D. Cassidy, Director of Planning & Redevelopment, about the recently improved sidewalks on Brewster Street, Young Street, Arch Street, Maynard Street, Rhode Island Avenue, and Pond Street
President Barry states that the residents on these streets waited all summer and into September for the replacement of sidewalks, and driveways to be completed. He was contacted by numerous neighbors on Brewster and Young Streets that the sidewalks were being dug up. He states that 22 water gates and three driveways were being worked on.
President Barry states that this is not acceptable, and questions Mr. Cassidy regarding inspections during the construction phase of the project.
Mr. Cassidy responds that his department does inspect the work as it progresses; and these problems were known to his department, and are being corrected. He states that Catalano Construction Company, who did the work, hired subcontractors to help finish the project, and it is that portion of the work that is defective.
Upon questioning regarding the concrete being poured at this time of year, during freezing temperatures, Mr. Cassidy assured the Council that the cement would set properly during freezing temperatures.
President Barry questions whether the construction company hired for this project should ever be hired again for future work in the city.
President Barry requests Mr. Cassidy to respond in writing to the question of how concrete poured in freezing weather will set and be cured; and, also, respond to why the inadequate work was not corrected immediately.
Councilor Hodge discusses the bond filed by the contractor for this project and states that the bond company should be held liable for any violations of the original contract.
The hearing is closed.
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 Michael D. Cassidy, Director, Planning and Redevelopment, requesting that he immediately investigate contract violations regarding substandard workmanship and the hiring of sub contractors.
The Clerk is further instructed to ask Mr. Cassidy to investigate the bond company, notifying them that they are liable for any violations of the original work contracted with Catalano Construction Company.
The reading of the records of November 21, 2000, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Bray, seconded by Councilor Hoyas, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
Petition for an Auto Repair Shop License by Regal Auto Body and Radiator Works, Inc., 65 East Street, Tax Assessor’s Plat 6 Lot 617, to keep a shop for the purpose of repairing automobiles, LIC# 30252, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Michael F. Horan, Attorney representing the Applicant, Kenneth Topalian, principal owner.
Attorney Horan states that the property is owned by the Topalian family. They currently operate a business on Pawtucket Avenue; however, they need more space for an Auto Repair Shop.
The new location is in a CG Zone, which is the proper zone for an Auto Repair Shop.
They have applied to the Zoning Board to put an addition on the existing building. The Zoning Board has denied this request; however, they will pursue this matter again in 6 months.
Mr. Horan states that Mr. Topalian still wants an Auto Repair Shop License. Emission testing at this location was an issue before the Zoning Board, however without the approval of the addition to the building, this phase of the business is not before the Council at this time.
Upon questioning from Councilor Moran, Mr. Topalian states that he had applied for a 5’ variance from the property line, but was told the requirement was 20’. The addition would have added 6 more bays to the 4 already in existence. A 20’ height variance was requested for the addition part of the building.
The hours of operation will be 8 a.m. until 5 p.m., Monday through Friday, and 8 a.m. until 12 Noon, on Saturday.
There will be 12 employees with an additional 6 employees once the expansion is approved.
The Pawtucket Avenue location is very crowded. There are a number of cars towed by the Pawtucket Police that they must hold for 30 days. There will be no cars parked on the street at the new location. They are unable to determine, at this time, how many cars can be stored at this location.
Councilor Moran states that he does not want a mess at this location.
Mr. Topalian states all emission testing will be conducted at the new location. However, they need the new building in order to conduct this testing; without this new addition, they will only conduct auto repair.
Speaking in opposition is Matthew Jadack, 45 East Street, Pawtucket, RI.
Mr. Jadack has lived at this location all of his life and he has not seen any repair shop there. He believes that there is enough pollution in the air now and does not want emission testing, auto bodywork, noise, etc, in his neighborhood.
He states that there has been gas stations and car lots previously at this location. Currently there is approximately 30 junk cars in the lot not and he is afraid of what is going to happen once it is expanded.
The next speaker in opposition is David Hoogasian, 136 Marshall Avenue, Cumberland, RI.
Mr. Hoogasian states that his property is the main abutter behind this location. He has a 3-tenement house that has been owned by his family for 50 years.
The main complaints that he has heard from his tenants over the years are the noise, smell, and visual atmosphere at this location. He is afraid that tenants would become ill from the exhaust fumes and that he may be forced to decrease the rent.
The next speaker in opposition is Steven Jadack, 45 East Street, Pawtucket, RI.
Mr. Jadack feels that this business will be repairing large trucks based on the size of the addition to the building that has been requested. He is afraid there will be fumes, noise, and safety may be affected due to the congested area.
He feels that their intent is not to repair cars, and this location is an eye sore now with the number of junk cars on the property and he feels that there must be a better location in the City.
The next speaker in opposition is Bob Goyette, 39 East Street, Pawtucket, RI.
Mr. Goyette states that there have been traffic problems in the past and this business will increase traffic congestion in the area. He does not want this business in his neighborhood.
Attorney Horan clarifies that his client does not operate an Auto Body Shop and states that there was a previous license holder of an Auto Repair Shop License at this location.
Mr. Topalian states that the reason for moving is that his business has increased and he does not have enough room at his current location.
Upon questioning from Councilor Wildenhain, Mr. Topalian explains that the EPA has placed controls on emission testing to prevent fumes from going into the air, and this is checked once a month.
There are no other speakers. The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following petition for license is LAID ON THE TABLE until the Zoning Board rehears their request in six months, on a unanimous voice vote:
Petition for an Auto Repair Shop License by Regal Auto Body and Radiator Works, Inc., 65 East Street, Tax Assessor’s Plat 6 Lot 617, to keep a shop for the purpose of repairing automobiles, LIC# 30252
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following communication:
Communication from Peter Bennett to Steve Parenteau. (Jerry’s Service, Inc.)
Upon motion made by Councilor Grebien, seconded by Councilor Bray, the following communication is READ AND ORDERED FILED:
028 Communication from Peter Bennett to Steve Parenteau. (Jerry’s Service, Inc.)
Petition for an Auto Repair Shop License by Jerry’s Service, Inc., 756 East Avenue, Tax Assessor’s Plat 66 Lot 750, to keep a shop for the purpose of repairing automobiles, LIC# 30253, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Peter Bennett, 42 Montrose Street, East Greenwich, RI.
Mr. Bennett states that Steve Parenteau, previous tenant, is gone. He will run the business on a daily basis. There will be a manager for the gasoline portion, and a mechanic will handle tune-ups, brakes, exhausts, tires, batteries, and basic auto repair.
The business will be open for repairs Monday through Saturday, 8 a.m. until 6 p.m.
There is enough room to hold 7 cars, 5 on the Hope Street side and 2 on the Hillside Avenue side.
The dumpster is located on the Hope Street side of the property.
Tires will be disposed of weekly, and they are stored in back of garage against the backside of the building.
President Barry states that there will be stipulations placed on this license. Only 3 cars will be able to remain outside, 2 cars inside, and no vehicles are to be parked on Hillside Avenue. The previous stipulations will also be carried to this license.
Mr. Bennett states that the mechanic has 20 years of experience, and the manager has been with the business for 3 months.
Councilor Hodge states that the previous license holder must surrender his license for 756 East Avenue, before this license is to be issued.
There are no other speakers. The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:
Petition for an Auto Repair Shop License by Jerry’s Service, Inc., 756 East Avenue, Tax Assessor’s Plat 66 Lot 750, to keep a shop for the purpose of repairing automobiles, LIC# 30253
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 cars sales.
4. Tires stored in enclosed area, to be removed every week.
5. No bodywork.
6. All work shall be done inside the building.
7. Hours of operation shall be Monday - Friday, 8:00 am - 6:00 pm; Saturday, 8:00 am - 4:00 pm.
8. No cars shall be parked on Hillside Avenue.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Hoyas, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Steven Parenteau, previous owner of Jerry’s Service, Inc., 756 East Avenue, requesting that he surrender his Auto Repair License immediately.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, Councilor Hoyas introduces the following communication:
Communication from Sheree Storey, Paralegal/Real Estate Consultant, Narragansett Electric, to Janice M. LaPorte, CMC, City Clerk. (Dunnell Lane Abandonment)
Upon motion made by Councilor Hoyas, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, A PUBLIC HEARING IS HELD ON THE FOLLOWING REQUEST FOR ABANDONMENT:
Petition of Antonio M. Albuquerque and Doreen M. Albuquerque, and North American Seafood L.L.C. by Attorney Michael F. Horan, for the abandonment of a portion of Dunnell Lane a/k/a Dunnell Lane East (50’ long and 40’ wide)
Speaking in favor is Attorney Michael F. Horan.
Attorney Horan explains that the portion of Dunnell Lane being requested for abandonment, is a small strip of land (50’ long and 40’ wide) and the Albuquerques’ own the surrounding property.
They will have their Auto Repair and Sales business at this location. The present location is too small.
Mr. Albuquerque is undecided on what to do with the lot on the corner of Beverage Hill Avenue and Prospect Street, but the business there will be shut down.
Mr. Albuquerque will put a landscape buffer along the property line.
There are no other speakers. The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
Upon motion made by Councilor Hoyas, seconded by Councilor Clemente, the petition for abandonment of a portion of Dunnell Lane East, 50’ long and 40’ wide, is APPROVED on a unanimous voice vote:
Description of proposed abandonment of fifty (50.00) feet by the forty (40.00) feet in width of Dunnell Lane East at the most southerly end of Dunnell Lane East as shown on “Map Showing Street to be Dedicated to the City of Pawtucket by David Dwares Estate Dunnell Lane East, Pawtucket, RI Scale 1” = 60’ – May 1973” and accepted by the Pawtucket City Council June 20, 1973; and further described as follows:
Beginning at a point on the most southerly portion of Dunnell Lane East said point being six hundred twenty nine and 82/100 (629.82) feet southerly of the intersection of the southerly line of Dunnell Lane with the westerly line of Dunnell Lane East, as measured southerly along the westerly line of Dunnell Lane East; thence turning and running easterly along the end of Dunnell Lane East bounded southerly by land now or formerly of Anthony Albuquerque forty (40.00) feet to a point for a corner; thence turning an interior angle of ninety (90) degrees and running northerly bounded easterly by land now or formerly of Anthony Albuquerque fifty (50.00) feet to a point for a corner; thence turning an interior angle of ninety (90) degrees and running westerly across Dunnell Lane East forty (40.00) feet to a point in the westerly line of Dunnell Lane East for a corner; thence turning an interior angle of ninety (90) degrees and running southerly bounded westerly by land now or formerly of Anthony Albuquerque fifty (50.00) feet to the point or place of beginning. The first mentioned course making an interior angle of ninety (90) degrees with the last mentioned course.
The above described parcel of land contains 2,000 square feet of land.
Which has ceased to be useful to the public and the same be and hereby is ABANDONED, and IT IS FURTHER ORDERED THAT THE CITY CLERK shall cause a notice thereof to be published in the Evening Times for three successive weeks and to cause to be served a further notice upon every owner of land abutting said portion of Dunnell Lane East, which has been abandoned, who is known to reside within the State. FURTHER, THE DIRECTOR OF PUBLIC WORKS shall cause a sign to be placed at each end of said portion of Dunnell Lane East herein ordered abandoned having thereon the words “NOT A PUBLIC HIGHWAY.”
COUNCILOR MORAN LEAVES THE CHAMBER AT NINE THIRTY-SEVEN O’CLOCK P.M.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment to the Juvenile Hearing Board, as a representative of the Boys & Girls Club of Pawtucket, FOR CONFIRMATION:
JUVENILE HEARING BOARD
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is LAID ON THE TABLE on a unanimous vote:
JUVENILE HEARING BOARD
Melissa Hague, 30 Holiday Drive, Lincoln, RI 02865. Term expires the first Monday in December, 2003.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch, City Solicitor, requesting a legal opinion regarding the Juvenile Hearing Board.
The Council would like to know the following:
1. Must an appointment to the Juvenile Hearing Board be a resident of the City of Pawtucket?
2. Can a Pawtucket organization, i.e. The Boys and Girls Club of Pawtucket, be appointed to serve on the Juvenile Hearing Board through it’s representative, and does the representative have to be a resident of the City of Pawtucket?
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE:
With majority consent of the Council, Councilor Clemente introduces the following:
Stipulation agreement between Jeffrey Greer, RI State Liquor Control Hearing Officer & Cape Verdean American Lounge, Inc. d/b/a Lisboa A Noite, 17 Exchange Street, Pawtucket, RI. ($500.00 fine and 2 day Suspension December 9 and 10, 2000)
Upon motion made by Councilor Clemente, seconded by Councilor Grebien, the following Stipulation Agreement is READ AND ORDERED FILED:
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, regarding the outside sales and storage of merchandise by permanent businesses in the City of Pawtucket, is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.
Communication from Bill Mulholland, Superintendent of Parks and Recreation, to Janice M. LaPorte, CMC, City Clerk, regarding renaming the newly renovated Slater Park Tennis Courts after Mike Kenny, is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.
COUNCILOR MORAN RETURNS TO THE CHAMBER AT NINE FORTY-FOUR O’CLOCK P.M.
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, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
*The following Licenses are APPROVED, on a unanimous voice vote:
PRIVATE DETECTIVE New –
Bassam Boutros, 591 Beverage Hill Avenue, LIC# 90175
SANDWICH BOARD SIGN New –
A-1 Copier, Inc., 76 East Street, LIC# N0007
SUNDAY SALES 1ST CLASS Renewal –
Kevin J. Catanzaro d/b/a Annex Market Gardens, 113 Power Road, LIC# 20390
SUNDAY SALES 1ST CLASS New –
Beverly A. Scott d/b/a Hope Street Gallery & Café, 356 East Avenue, LIC# 20391
VICTUALLING HOUSE 1ST CLASS New –
Beverly A. Scott d/b/a Hope Street Gallery & Café, 356 East Avenue, LIC# 00583
VICTUALLING HOUSE 1ST CLASS Renewal –
Newton Carrasco d/b/a Panal Chicken, 208 Dexter Street, LIC# 00455
VICTUALLING HOUSE 1ST CLASS –
East Side Pizza, Inc. d/b/a Ronzio Pizza, (Transfer from Just Pizza, Inc.) 727 East Avenue, LIC# 00584
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PRIVATE DETECTIVE –
Bassam Boutros, Surety – Western Surety Company
*THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Folia Industries, Inc., by Atty. Thomas J. Gavlick - $36,176.50
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, Moran, and Wildenhain.
NOES - 0.
Odete Gomes – $2,140.00
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, Moran, and Wildenhain.
NOES - 0.
Carlos Pacheco, by Casco Indemnity Company - $2,905.36
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, Moran, and Wildenhain.
NOES - 0.
RoseMarie L. Termin, by USAA Casualty Insurance Company - $4,101.49
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, Moran, and Wildenhain.
NOES - 0.
Adam W. Terry – $150.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED, ON A UNANIMOUS VOICE VOTE:
Ernestina Digiacinto, by Atty. Christopher E. Fay – NO AMOUNT SPECIFIED
Jeannie Herzog, by Atty. Nathaniel J. Rendine – NO AMOUNT SPECIFIED
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, the following motion made by Councilor Hoyas, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Angel S. Garcia, Director of Personnel, and John E. Carney, Director of Public Works, asking if there is a monetary decrease in pay when an employee is removed from a position as a truck driver, due to accidents caused by that employee, and placed in another position.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the meeting is adjourned at nine fifty-five o’clock p.m.