City Council, February 20, 2002
A regular session of the Pawtucket City Council is held Wednesday, February 20, 2002, at eight o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Councilors Bray, Carr, Hodge, Hoyas, and Wildenhain.
Absent – President Barry, Councilors Clemente, Grebien, and Moran
President Pro-Tempore Bray presides.
The reading of the records of February 6, 2002, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, 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 James E. Martins d/b/a In’n out Preventive Maintenance Specialist (Previously Paul Goudreau d/b/a Paul Goudreau’s Service) at 1438 Newport Avenue, Tax Assessors Plat 4 Lot 398, to keep a shop for the purpose of repairing automobiles LIC#30269 which was advertised for a hearing at this time is taken up:
Speaking in favor is James Martins, 46 Slade Street, Pawtucket, RI.
Upon questioning from Councilor Wildenhain, Mr. Martin states his hours of operation will be Monday through Friday 7:00 a.m. to 5:00 p.m. and on Saturday from 8:00 a.m. until 3:00 p.m.
Councilor Wildenhain states that the property is to be kept clean and orderly.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hoyas, the following license is APPROVED on a unanimous voice vote:
Petition for an Auto Repair Shop License by James E. Martins d/b/a In’n out Preventive Maintenance Specialist (Previously Paul Goudreau d/b/a Paul Goudreau’s Service) at 1438 Newport Avenue, Tax Assessors Plat 4 Lot 398, to keep a shop for the purpose of repairing automobiles LIC#30269
Petition for an Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Automobiles and Parts) by Buenaventura E. Contreras d/b/a Quico Auto Repair (Previously Jose A Morillo d/b/a San Francisco Auto Repair) 11 Willow Avenue, Tax Assessors Plat 51 Lot 232, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts LIC#30270 & 40280 which was advertised for a hearing at this time is taken up:
PREVIOUS STIPULATIONS:
1. Outside storage within enclosed fenced in area for not more than 15 vehicles.
2. No outside storage of auto parts, auto debris, etc.
3. No repair work is to be conducted outside of the building
4. Repair work hours of operation 8:00 a.m. to 5:00 p.m. Monday thru Friday 8:00 a.m. to 3:00 p.m. on Saturday.
5. Outside premises to be maintained in clean and sanitary condition
6. Dumpsters are to be relocated within the fenced in area on premised for rubbish or garbage (but not auto parts)
7. The tow truck storage to be within the fenced in area
8. No auto bodywork or painting allowed on premises
9. No vehicles are to be left out overnight unless parked within the fenced in area
THE CHAIR RECOGNIZES COUNCILOR CARR.
Upon motion made by Councilor Carr, seconded by Councilor Hoyas, the Public Hearing for the following license is POSTPONED until March 6, 2002:
Petition for an Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Automobiles and Parts) by Buenaventura E. Contreras d/b/a Quico Auto Repair (Previously Jose A Morillo d/b/a San Francisco Auto Repair) 11 Willow Avenue, Tax Assessors Plat 51 Lot 232, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts LIC#30270 & 40280
PREVIOUS STIPULATIONS:
1. Outside storage within enclosed fenced in area for not more than 15 vehicles.
2. No outside storage of auto parts, auto debris, etc.
3. No repair work is to be conducted outside of the building
4. Repair work hours of operation 8:00 a.m. to 5:00 p.m. Monday thru Friday 8:00 a.m. to 3:00 p.m. on Saturday.
5. Outside premises to be maintained in clean and sanitary condition
6. Dumpsters are to be relocated within the fenced in area on premised for rubbish or garbage (but not auto parts)
7. The tow truck storage to be within the fenced in area
8. No auto bodywork or painting allowed on premises
9. No vehicles are to be left out overnight unless parked within the fenced in area
SELECTION OF OUTSIDE LEGAL COUNSEL PURSUANT TO SEC. 2-106 OF THE CHARTER OF THE CITY OF PAWTUCKET REGARDING THE WATER TREATMENT FACILITY is taken up:
THE CHAIR RECOGNIZES COUNCILOR HODGE:
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Patrick J. Quinlan, Esq., to The Pawtucket City Council. (Legal services to the Council regarding the Water Treatment Plant)
Upon motion made by Councilor Hodge, seconded by Councilor Hoyas, the following communication is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Hoyas, (PATRICK J. QUINLAN, ESQ IS HIRED TO REPRESENT THE CITY COUNCIL IN MATTERS REGARDING THE WATER TREATMENT FACILITY) on a roll call vote as follows:
AYES – President Pro-Tempore Bray, Councilors Carr, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Board of Canvassers, FOR CONFIRMATION:
BOARD OF CANVASSERS
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, Hodge, Hoyas, and Wildenhain.
NOES - 0.
BOARD OF CANVASSERS
Charlotte M. Tavares, 137 Pinecrest Drive, Pawtucket, RI 02861. Term expires First Monday in March, 2008.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Parks Commission, FOR CONFIRMATION:
PARKS 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, Hodge, Hoyas, and Wildenhain.
NOES - 0.
PARKS COMMISSION
Ronald J. Gauthier, 33 Wilton Avenue, Pawtucket, RI 02860. Term expires the First Monday in December, 2004.
The following Resolution is read and PASSED on a roll call vote as follows:
AYES - President Pro-Tempore Bray, Councilors Carr, Hodge, Hoyas, and Wildenhain.
NOES - 0.
The following Resolution is read and PASSED on a roll call vote as follows:
AYES - President Pro-Tempore Bray, Councilors Carr, Hodge, Hoyas, and Wildenhain.
NOES - 0.
THE FOLLOWING AMENDMENTS TO THE FOLLOWING RESOLUTION WHICH WAS SUBMITTED BY THE ORDINANCE COMMITTEE AT THE MEETINGS HELD JANUARY 23, FEBRUARY 6, 2002, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION ADOPTING PROCEDURES FOR THE REMOVAL OF NON-OPERATIONAL VEHICLES ON PRIVATE PROPERTY.
Change Section 14 to read as follows:
14. THE FINANCE DEPARTMENT WILL DRAW CHECKS FOR PAYMENT FROM THE APPROPRIATE LINE ITEM OF THE DIVISION OF ZONING BUDGET AND FORWARD PAYMENT TO THE TOW COMPANY (COST OF TOW - $63.00 ESTABLISHED TOW RATE APPROVED BY THE PUBLIC UTILITIES COMMISSION PLUS REIMBURSEMENT FOR CERTIFIED MAIL COSTS.)
THE FOLLOWING RESOLUTION WHICH WAS RETURNED BY THE ORDINANCE COMMITTEE AT THE MEETINGS HELD JANUARY 23, FEBRUARY 6, 2002, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION ADOPTING PROCEDURES FOR THE REMOVAL OF NON-OPERATIONAL VEHICLES ON PRIVATE PROPERTY, 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, 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 Pro-Tempore Bray, Councilors Carr, Hodge, Hoyas, and Wildenhain.
NOES - 0.
The following ordinance is read for the second time and NOT PASSED on a roll call vote as follows:
AYES - President Pro-Tempore Bray, Councilors Hodge, Hoyas, and Wildenhain.
NOES – Councilor Carr.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way Stop Signs – Ashburne Street and Ferris Street)
The following ordinance is read for the second time and NOT PASSED on a roll call vote as follows:
AYES - President Pro-Tempore Bray, Councilors Hodge, Hoyas, and Wildenhain.
NOES – Councilor Carr.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way Stop Signs – Gilmore Street and Liberty Street)
The following ordinance is read for the second time and NOT PASSED on a roll call vote as follows:
AYES - President Pro-Tempore Bray, Councilors Hodge, Hoyas, and Wildenhain.
NOES – Councilor Carr.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way 3-Way Stop Signs – Lincoln Avenue and Ridgewood Street) AS AMENDED.
UPON RECOMMENDATION OF THE ANIMAL CONTROL COMMITTEE THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Pro-Tempore Bray, Councilors Carr, Hodge, Hoyas, and Wildenhain.
NOES - 0.
ORDINANCE IN AMENDMENT OF SECTION 116-25 (C) OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Dogs and other animals – nuisance abatement)
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 Pro-Tempore Bray, Councilors Carr, Hodge, Hoyas, and Wildenhain.
NOES - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – Historic District List
THE FOLLOWING ORDINANCE IS TAKEN UP:
ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – New England Linen Supply
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN
With majority consent of the Council, Councilor Wildenhain, introduces the following amendment to the ordinance entitled “ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – New England Linen Supply”
Section 1. Chapter 410 of the ordinances of the City of Pawtucket, Rhode Island, and that portion establishing the official zoning map, is hereby amended by changing the official zoning map, readopted on December 19, 1994 as Chapter 2373. Plat 24, Lot 652 is changed from Commercial Local (CL) to a Commercial General (CG) district and Plat 24, Lots 611, 356, 357, 361, are changed from Residential Multi-family (RM) to a Commercial General (CG) and Plat 24, Lot 361 is changed from Residential Multi-family (RM) to Commercial General (CG) (Parking Only) as said lots appear on aforementioned zoning map.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hoyas, the following amendment to the ordinance entitled “ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – New England Linen Supply” is PASSED on a roll call vote as follows:
AYES - President Pro-Tempore Bray, Councilors Carr, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Upon recommendation of the Ordinance Committee the following ordinance is read for the first time AS AMENDED and PASSED on a roll call vote as follows:
AYES - President Pro-Tempore Bray, Councilors Carr, Hodge, Hoyas, and Wildenhain.
NOES - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – New England Linen Supply AS AMENDED.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:
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.” (Change Labor Supervisor I at R26 to Supervisor of Building Maintenance at R34; Upgrade Building Maintenance Mechanic III from R36 To R40)
THE FOLLOWING PETITIONS FOR LICENSE WERE LAID ON THE TABLE AT THE MEETINGS HELD JANUARY 23, AND FEBRUARY 6, 2002, AND ARE AGAIN TAKEN UP AND ARE DENIED BASED ON COMMUNICATION FROM RONALD F. TRAVERS, DIRECTOR, ZONING AND CODE ENFORCEMENT DATED JANUARY 28, 2002, INDICATING PROPERTY MAY BE DEFICIENT IN PARKING AND STORAGE AREAS ON A UNANIMOUS VOICE VOTE:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles and Parts) by Genaro M. Gomez and Maximo Campos d/b/a Car Master Auto Sales, 65 Patterson Avenue, Tax Assessors Plat 57, Lot 531, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC# 30268 & 40279
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT-
Petition of Saint Patrick’s Day Parade Committee for a license to conduct a Post Parade Party at 175 Main Street, on Saturday, March 2, 2002, from 12:00 p.m. until 6:00 p.m. LIC# 0097M
POOL TABLES Renewals –
Benefit Street Pub Inc., 433 Benefit Street. (1) Weekdays & Sundays LIC# G0004
G & D LLC, d/b/a The News Café. 43 Broad Street. (1) Weekdays & Sundays LIC#G0052
Greek Island Inc., d/b/a George’s Neighborhood Grill & Bar, 109 Newport Avenue. (2) Weekdays & Sundays LIC# G0036
K.J. Cummings Inc., KC’s Tap, 140 Japonica Street. (2) Weekdays & Sundays LIC# G0056
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
MISCELLANEOUS
Josephine T. Byrnes - $2,335.90
Lisa K. Lacerte - $236.72/362.00
John McCann-$648.12/1310.48
Adelino & Maria Simao, by Attorney, John F. McBurney, III - $8,260.40
Constance Wilson, by Attorney, Brosco & Brosco, -$100,000.00
SEWER
Paul Banna-$811.50/1,495.50
THE CHAIR RECOGNIZES COUNCILOR HODGE
Upon motion made by Councilor Hodge, seconded by the entire City Council, the meeting is adjourned in memory of Jim Gilligan, former member of the Pawtucket School Committee; and, Daniel Gomes who was instrumental in the Portuguese Community, at eight forty o’clock p.m.