City Council, October 24, 2001
A regular session of the Pawtucket City Council is held Wednesday, October 24, 2001, 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 CONDUCT A SHOW CAUSE HEARING ON THE FOLLOWING:
Shant Krikorian d/b/a Fonseca’s Auto Sales, 263 Dexter Street, LIC# 30213 & 40214
THE COUNCIL RECONVENES AT EIGHT TWENTY O’CLOCK P.M.
The reading of the records of October 10, 2001, 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:
** TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY NO OTHER ACTION TAKEN.
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 Lourenco Docouto d/b/a Larry’s Auto Repair, 519 Pawtucket Avenue, requesting that he attend a show-cause hearing before the City Council regarding violations of the zoning ordinance in the operation of his business.
The hearing is scheduled to be held on Wednesday, November 7, 2001, at 8:00 p.m.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from John E. Carney, Director of Public Works, to Janice M. LaPorte, CMC, City Clerk. (Curtis Elementary School Sidewalk)
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:
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 forward the communication from John E. Carney, Director of Public Works, to Thomas J. Conlon, Business Administrator, Pawtucket School Department and Joseph Scallin, Director of Physical Plant, regarding the sidewalk at Curtis Elementary School.
The Council is requesting a response on the feasibility of implementing this project and the time frame this project will be completed.
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 the Entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, regarding the status of the streets that have been worked on over the course of the last 6 months. President Barry and other Members of the Council express serious concerns for the ability of permanent repairs prior to winter setting in.
The Council is requesting the following:
1. List of every street that the Water Supply Board worked on since March 2001, listing condition; i.e. temporary patch, permanent patch, no patch, etc.
2. Submit list by Monday, October 29, 2001, in time for the Public Works Committee meeting at 5:15 p.m.
3. Attend a meeting of the Public Works Committee on Monday, October 29, 2001, at 5:15 p.m. to discuss the list of streets and their condition.
4. Request Thomas F. Doucette, P.E., Assistant Chief Engineer, and Fred Ramos, Project Engineer, to attend the Public Works Committee meeting on October 29, 2001.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following resolution:
RESOLUTION CONGRATULATING JOSEPH C. SADLIER FOR BEING HONORED NATIONALLY AS THE DAILY POINT OF LIGHT FOR THURSDAY, OCTOBER 25, 2001, AND THANKING HIM FOR ALL HE DOES TO HELP THOSE LESS FORTUNATE.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the following resolution is read and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobile and Parts) by Perlows Auto Incorporated d/b/a Perlows Summit Service, 1028 Main Street, Tax Assessor’s Plat 56, Lot 707, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used Automobiles and Parts, LIC# 30264 & 40276, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Steven Perlow, applicant.
Mr. Perlow explains that this location will basically be for storage of vehicles.
All vehicles will be kept inside and all work is to be done inside, nothing will be placed outside. Mr. Perlow states that this is only to store cars from the other lot.
The hours of operation will be Monday through Friday from 9:00 a.m. until 5:00 p.m.
Speaking in opposition is Louise Trumanhouser, 11 Marion Terrace, Pawtucket, RI.
Ms. Trumanhouser states that this is a one-way street and she is concerned with how she will get on her street. Ms. Trumanhouser objects to the congestion on Main Street and states that another business is not needed in this area.
Speaking in opposition is Tim Maynard, 1039 Main Street, Pawtucket, RI.
Mr. Maynard states that he lives across the street from this property. He states he is concerned about his property value and has resided at this residence for 30 years.
Mr. Maynard states that he has seen an improvement in this section of the City, however there is another similar business in this vicinity that has been a problem for the neighborhood.
Mr. Maynard states that he has no objection to this business as long as Mr. Perlow operates his business according to what he has state to the Council, he does not want another problem in this area.
There are no other speakers. The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Upon motion made by Councilor Bray, seconded by Councilor Grebien, the following licenses are APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobile and Parts) by Perlows Auto Incorporated d/b/a Perlows Summit Service, 1028 Main Street, Tax Assessor’s Plat 56, Lot 707, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used Automobiles and Parts, LIC# 30264 & 40276
STIPULATIONS:
1. No auto repair to be conducted outside of building.
2. No cars stored outside.
3. No auto body work.
4. Hours 9:00 am to 5:00 pm Monday thru Friday.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, Councilor Hoyas introduces the following petition for license:
ENTERTAINMENT -
Petition of St. Teresa’s Church for a license to conduct a Bazaar and Flea Market in the Church Hall and Church Parking Lot on Saturday, November 3, 2001 from 9:00 a.m. until 5:00 p.m., LIC# 0085M
Upon motion made by Councilor Hoyas, seconded by Councilor Hodge, the following license is APPROVED on a unanimous voice vote:
ENTERTAINMENT -
Petition of St. Teresa’s Church for a license to conduct a Bazaar and Flea Market in the Church Hall and Church Parking Lot on Saturday, November 3, 2001 from 9:00 a.m. until 5:00 p.m., LIC# 0085M
Communication from Louise Elliott, 63 Follett Street, to the Pawtucket City Council, requesting to tie into the Pawtucket Sewer System on Ashton Street, is READ AND ORDERED FILED, and is REFERRED TO THE PUBLIC WORKS COMMITTEE, THE PLANNING COMMISSION, THE DIRECTOR OF PUBLIC WORKS, THE ENGINEERING DEPARTMENT, AND THE DIVISION OF SEWERS AND SANITATION.
COUNCILOR BRAY LEAVES THE CHAMBER AT EIGHT FORTY O’CLOCK P.M.
The following resolution is read and passed on a roll call vote, as follows:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
THE FOLLOWING RESOLUTION, BEING SUBMITTED BY THE ORDINANCE COMMITTEE, IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION ADOPTING PROCEDURES FOR THE REMOVAL OF NON-OPERATIONAL VEHICLES ON PRIVATE PROPERTY.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Carr, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Eliz Germani, Chairman, Public Utilities Commission, regarding towing rates charged by tow companies in Pawtucket.
The City Council is considering the request of the Tow Company Association for payments for losses suffered by tow companies when abandoned cars are towed and the tow company cannot collect for the tow.
First, is the risk of uncollectable tows already factored into the fixed $63.00 rate for nonconsensual tows? If not, are tow company’s free to seek an increase in the fixed rate or adjust their consensual tow rates to account for such losses.
Lastly, in the event the City Council decides to pay Tow Company’s for towing abandoned cars, must the city pay the fixed $63.00 rate or can the city pay any amount it sees fit.
A response is requested in time for the November 7, 2001, meeting of the City Council.
COUNCILOR BRAY RETURNS TO THE CHAMBER AT EIGHT FORTY-FIVE O’CLOCK P.M.
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, Moran, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, City Solicitor, requesting the legal opinion on the proposals submitted for the use of Daggett Farm in Slater Park, which was previously requested on October 11, 2001.
A response is requested in time for the November 7, 2001, meeting of the City Council.
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.
AN ORDINANCE REGULATING HAWKING AND PEDDLING BY DOOR-TO-DOOR SOLICITATION.
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.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2617 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGULATING APPLICATIONS FOR LICENSES AND TRANSFERS OR RENEWALS OF LICENSES. (Water Bills)
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following petition for license:
ENTERTAINMENT –
Petition of St. Mary Antiochian Orthodox Church for a license to conduct their Annual Christmas Bazaar in the Parish Center on St. Mary’s Way on Friday, November 2, 2001, from 5:00 p.m. until 8:00 p.m.; Saturday, November 3, 2001, from 9:00 a.m. until 8:00 p.m.; and Sunday, November 4, 2001, from 11:00 a.m. until 5:00 p.m., LIC# 0086M
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following license is APPROVED on a unanimous voice vote:
ENTERTAINMENT –
Petition of St. Mary Antiochian Orthodox Church for a license to conduct their Annual Christmas Bazaar in the Parish Center on St. Mary’s Way on Friday, November 2, 2001, from 5:00 p.m. until 8:00 p.m.; Saturday, November 3, 2001, from 9:00 a.m. until 8:00 p.m.; and Sunday, November 4, 2001, from 11:00 a.m. until 5:00 p.m., LIC# 0086M
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 the Honorable Sheldon Whitehouse, Attorney General of Rhode Island, requesting a status report regarding the property at 278 High Street in Pawtucket.
Councilor Clemente states that he was given information that this property was going to be used as a state operated drug rehabilitation facility, and as of this date the property is still boarded up. The Council is concerned that this property is a potential target for vandals and is asking for an update on this property.
A response is requested in time for the November 7, 2001, meeting of the City Council.
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 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET.” (Increase Pawtucket Fire Fighters Independent Union by 2%)
THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD ON SEPTEMBER 5, 19, & OCTOBER 10, 2001, AND IS AGAIN TAKEN UP:
Petition for Second Hand Shop License (Class A – Used Vehicles) by Rita D’Angelo d/b/a Cartex Auto Sales Annex, 454 Pawtucket Avenue, Tax Assessor’s Plat 64, Lot 849, to keep a shop for the purpose of purchasing and selling second hand articles specifically: Used Vehicles, LIC# 40272
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the following license is DENIED on a unanimous voice vote, for reason that if the second hand shop license was granted the business congestion in the area would be increased and would ultimately be a detriment to the public health, safety, morals and welfare of the citizens of the City of Pawtucket. In addition, if a second hand shop and an auto repair shop were to operate from the same facility, under two separate owners, this would cause confusion and ambiguity relative to issues of parking, trash, and debris:
SECOND HAND SHOP (Class A – used vehicles) –
Rita D’Angelo d/b/a Cartex Auto Sales Annex, 454 Pawtucket Avenue LIC# 40272
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of St. Barbara Philoptochos Society for a license to conduct a New Year’s Eve Celebration at the Assumption Greek Orthodox Church, 97 Walcott Street, on Monday, December 31, 2001, from 6:00 p.m. until 2:00 a.m., LIC# 0084M
PRIVATE DETECTIVE (New) –
Wayne A. Leary, 208 Brookdale Boulevard, LIC# 90177
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the meeting is adjourned at eight fifty-three o’clock p.m.