City Council, January 10, 2001
A regular session of the Pawtucket City Council is held Wednesday, January 10, 2001, at eight six o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
Absent – President Barry and Councilor Wildenhain.
President Pro-Tempore Bray presides.
THE COUNCIL RECESSES IMMEDIATELY TO RETURN TO THE PRE-COUNCIL SESSION ON THE PAWTUCKET FOUNDATION PRESENTATION.
COUNCILOR WILDENHAIN ARRIVES AT EIGHT TEN O’CLOCK P.M.
THE COUNCIL RECONVENES AT EIGHT THIRTY-NINE O’CLOCK P.M.
The reading of the records of December 15, 2000, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, 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.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment to the Historic District Commission, FOR CONFIRMATION:
HISTORIC DISTRICT COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Pro-Tempore Bray, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
HISTORIC DISTRICT COMMISSION
Steven James Ehlbeck, 201 Raleigh Avenue, Pawtucket, RI 02860. Term expires the first Monday in February, 2004.
Petition for an Auto Repair Shop License by Tina Baptista d/b/a M & M Auto, 3 Dix Avenue, Tax Assessors Plat 52, Lot 847, to keep a shop for the purpose of repairing automobiles, LIC# 30255, which was advertised for a hearing at this time, is taken up:
STIPULATIONS PER ZONING BOARD OF APPEALS – 12/5/2000:
1. No auto body work.
2. No outside vehicle storage.
3. No parking by the railroad tracks either on road or on dirt sidewalk.
4. No auto parts stored outside.
5. No outside dumpster.
6. No unregistered autos parked outside.
7. No speeding, racing or testing of vehicles in the area.
8. Work shall be performed only between the hours of 8 a.m. to 7 p.m., Monday through Saturday.
9. All repair work shall be inside, there will be no repairs of vehicles outside in the street or sidewalk.
The first speaker is Edward Lawson, Attorney representing Tina & Edward Baptista, Applicants.
The hours of operation for this business will be 8 a.m. – 5 p.m. Monday through Saturday.
The business will consist of motor work, brakes, and small repairs. There will be no body work, no painting, and no fumes.
Attorney Lawson explains that when Mr. Baptista rented the building, he was not aware a license was needed. Mr. Baptista went before the Municipal Court, and was told he was allowed to operate without a license, pending the outcome of the hearings before the Board of Appeals and the City Council. A Stay was issued by Municipal Court regarding enforcement issues.
Councilor Bray went personally and told Mr. Baptista not to operate until a license was obtained, and they continued to operate without a license. They have been operating since October without a license.
Speaking in opposition is Richard Tetreault, 6 Bloomingdale Avenue, Pawtucket.
Mr. Tetreault states that he was present at the Zoning Hearing and spoke to the applicants after the hearing. Concessions were made to the neighbors at that time.
Mr. Tetreault further states that the business has been operating since July without a license.
There are problems with vehicles being tested on the streets, as well as, in the St. Anthony’s Parking lot. Speeding is also an issue due to the fact that there are many children in the area.
Mr. Tetreault does not feel they will operate under good faith based on past performance, and he questioned how the building is used for repair of automobiles.
There have been problems with vehicles being parked on the street. He does not feel the applicants have been honest with the neighbors or the City. He does not trust the applicant because they have been operating illegally since July.
The next speaker in opposition is George Schuster, 1 Bloomingdale Avenue, Pawtucket.
Mr. Schuster agrees with Mr. Tetreault. He lives next to the business and states that they are testing cars by speeding and does not want this business in his neighborhood.
Mr. Tetreault states that he was not notified by Zoning that there was an appeal process. He would have appealed the decision.
Mrs. Baptista states that tonight is the first time that she understood that her business was not entitled to operate. She states that her understanding of the Municipal Court decision was that during the process of appearing before the Board of Appeals and the City Council for a license, that all violations would not be enforced.
There are no other speakers. The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
Upon motion made by Councilor Grebien, seconded by Councilor Hodge, the following license is LAID ON THE TABLE on a unanimous voice vote:
Petition for an Auto Repair Shop License by Tina Baptista d/b/a M & M Auto, 3 Dix Avenue, Tax Assessors Plat 52, Lot 847, to keep a shop for the purpose of repairing automobiles, LIC# 30255, which was advertised for a hearing at this time, is taken up:
STIPULATIONS PER ZONING BOARD OF APPEALS – 12/5/2000:
1. No auto body work.
2. No outside vehicle storage.
3. No parking by the railroad tracks either on road or on dirt sidewalk.
4. No auto parts stored outside.
5. No outside dumpster.
6. No unregistered autos parked outside.
7. No speeding, racing or testing of vehicles in the area.
8. Work shall be performed only between the hours of 8 a.m. to 7 p.m., Monday through Saturday.
9. All repair work shall be inside, there will be no repairs of vehicles outside in the street or sidewalk.
Petition for Auto Repair Shop and Second Hand Shop Licenses by Lindbergh Auto Body, Inc. d/b/a Lindbergh Auto Sales, 58 Smithfield Avenue, Tax Assessors Plat 60, Lot 945 to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used vehicles, LIC# 30254 & 40265, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Bob DeSimone, Applicant.
Mr. DeSimone states that this business has been in operation since 1927 without a license and he was unaware of the requirement for a license.
This year the Auto Dealers Commission required a copy of the City’s license, which is how this requirement came to his attention.
There are no other speakers. The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Representative William San Bento, Jr., District 75 – Pawtucket, to the Pawtucket City Council. (Lindbergh Auto Sales, 58 Smithfield Avenue)
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following licenses are APPROVED on a unanimous voice vote:
Petition for Auto Repair Shop and Second Hand Shop Licenses by Lindbergh Auto Body, Inc. d/b/a Lindbergh Auto Sales, 58 Smithfield Avenue, Tax Assessors Plat 60, Lot 945 to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used vehicles, LIC# 30254 & 40265
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 John E. Carney, Director of Public Works, regarding the condition of the streets, as a result of the latest snowstorm in the city.
Councilor Moran notes the following streets: Wheeler, Gould, Archer, Clews, Kelton, Revere, and Bloodgood.
The Council expresses their dissatisfaction in the plowing of streets during this last snowstorm, and asks for the following information:
1. Why are the streets not sanded and salted more?
2. What can be done now to rectify the condition of the streets?
3. Provide a plan for sanding the streets.
4. Provide a list of the vendors used.
5. Provide a list of those streets that were plowed by outside vendors.
6. Provide an assessment of complaints received regarding outside vendors.
7. Provide a cost estimate of pre-salting city streets before a snowstorm.
The Council is asking for an explanation as to why the streets were left in such poor condition, as a result of the plowing.
The Council is further requesting that John E. Carney, Director of Public Works, attend a Pre-Council session scheduled for Wednesday, January 24, 2001, to discuss his response to the Council’s concerns.
Communication from Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, to the Honorable Members of the Pawtucket City Council. (Water Treatment Plant RFP and RFP Summary) is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.
Draft Request for Proposals for Capital Improvements, Operations and Maintenance for the Water Treatment Plant, is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.
Communication from Allan M. Shine, Receiver of the Erco Corporation and E. Rosen Company, to John Barry, President, Pawtucket City Council, requesting a Proposed Settlement and Tax Stabilization Agreement for the property at 1005 Main Street – “School House Candy” is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE and MICHAEL D. CASSIDY, DIRECTOR, PLANNING AND REDEVELOPMENT.
Communication from William J. Lynch, Esq., to Councilman John Barry, President, Pawtucket City Council, requesting an extension of the existing Tax Stabilization Agreement for Property located at 286 Main Street, is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE and MICHAEL D. CASSIDY, DIRECTOR, PLANNING AND REDEVELOPMENT.
Communication from James Leon Cleghorn, Ph.D., to the Pawtucket City Council, requesting Resolution/Ordinance to place financing figures on the ballot directly beside the dollar amount of the requested Local Bond Issue, is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.
Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, Pawtucket City Council. (ATM Machine at the City Hall Municipal Lot) is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from John E. Carney, Director of Public Works, to the Pawtucket City Council. (ATM Machine at the City Hall Municipal Lot) is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from Bill Mulholland, Superintendent of Parks and Recreation, to Janice M. LaPorte, CMC, City Clerk, requesting the field located on North Bend Street, adjacent to the Agnes Little Elementary School be dedicated in memory of Dennis O’Brien, is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from His Honor, Mayor James E. Doyle, to Seth H. Handy, President, The Pawtucket Armory Association, requesting a meeting to discuss compliance and performance criteria for the Sandra Feinstein-Gamm Theatre, is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES - President Pro-Tempore Bray, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Clemente, is PASSED on unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch, City Solicitor, regarding the hydrant fees charged to the city by the Pawtucket Water Supply Board.
The Council is asking that an alternative method be developed to offset the cost of hydrant fees, and is requesting the she appear before the Public Utilities Commission to present a case for the reduction of said fees.
The following resolution is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE on a unanimous voice vote:
RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO TRANSFER SUFFICIENT FUNDS INTO THE “YOUTH SPORTS LEAGUE FUND” DURING FY01 TO ENSURE THAT THE VARIOUS YOUTH SPORTS TEAMS IN THE CITY OF PAWTUCKET RECEIVE THEIR $500 STIPEND THIS YEAR NOT TO EXCEED $5000.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES - President Pro-Tempore Bray, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Personnel Aide, Assistant City Clerk, and Police & Fire Fleet Mechanic Specialist), AS AMENDED.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES - President Pro-Tempore Bray, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Amend Pay Plan Ordinance 2567 – Eliminate: Principal Planner; Upgrade: Weekend Watch/Ice Control Person; Add: Water Engineering Project Manager; Add: Water Board Engineering Intern) is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE
The following ordinance is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE, on a unanimous voice vote:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2567 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” AS AMENDED. (Eliminate: Principal Planner; Upgrade: Weekend Watch/Ice Control Person; Add: Water Engineering Project Manager; Add: Water Board Engineering Intern)
The following ordinance is LAID ON THE TABLE and REFERRED TO ORDINANCE COMMITTEE on a unanimous voice vote:
AN ORDINANCE CONSOLIDATING AND UPDATING THE VEHICLES AND TRAFFIC REGULATIONS OF THE CITY OF PAWTUCKET PROVIDING REGULATIONS CONCERNING TRAFFIC, PARKING, SPEED, PEDESTRIANS, VEHICLE EQUIPMENT, PARKING METERS, HOSPITAL ZONES, ETC., AND VIOLATIONS AND PENALTIES, TO BE INCLUDED IN THE CODE OF THE CITY OF PAWTUCKET AS CHAPTER 388, VEHICLES AND TRAFFIC, AND REPEALING CHAPTER 991 AND ALL AMENDMENTS THERETO, AND ALL ORDINANCES OR PARTS OF ORDINANCES RELATING TO VEHICLES AND TRAFFIC.
The following ordinance is LAID ON THE TABLE and REFERRED TO ORDINANCE COMMITTEE on a unanimous voice vote:
AN ORDINANCE REPEALING CHAPTER 2471 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, ALSO KNOWN AS, SECTION 50-46 THROUGH 50-54 OF THE CODE OF THE CITY OF PAWTUCKET, 1996, IN ITS ENTIRETY. (Residency Requirements)
The following License is APPROVED on a unanimous voice vote:
VICTUALLING HOUSE 1st Class –
Gabe’s Sports Pub Inc., ADDRESS PENDING NEW LOCATION, LIC# 00372
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
PEDDLER Renewals –
Norman E. Benoit, Jr. d/b/a Norm Catering, 15 Surrey Drive, Johnston, RI 02919, LIC# 16
TO PEDDLE: Food Catering
LOCATION: All of Pawtucket
Celestino V. Couto, 274 California Avenue, Providence, RI 02905, LIC# 61
TO PEDDLE: Fish
LOCATION: All of Pawtucket
Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon Street, Pawtucket, RI 02861, LIC# 4
TO PEDDLE: Ice Cream
LOCATION: All of Pawtucket
Frank Ribezzo, 62 West River Parkway, North Providence, RI 02904, LIC# 8
TO PEDDLE: Sandwiches, Pastry, Potato Chips, Soda, Coffee
LOCATION: All Streets in the City of Pawtucket
VICTUALLING HOUSE 1st Class –
Another Pizza Company, Inc. d/b/a Domino’s Pizza, 210 Dexter Street (Transfer from 141 Broad Street) LIC# 00586
VICTUALLING HOUSE 1st Class Renewal –
M.J. Restaurant, Inc. d/b/a The New Time Square Restaurant, 3 ½ Exchange Street, LIC# 00123
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Chirico Construction Co., Inc., by M.C. Caldarone & Associates - $642.10
Albertino Lourenco $1319.00/$1499.03
Michael J. McGinn $135.00
Linda Teixeira $1258.98/$1739.38
UPON THE 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 Pro-Tempore Bray, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Dewey E. Bruneau, Jr. - $260.00
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:
Jose P. Ferreira, by Atty. V. Edward Formisano - $100,000.00
Folia Industries, Inc., by Atty. Thomas J. Gavlick - $36,176.50
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the meeting is adjourned in memory of Michael White at ten thirty-five o’clock p.m.