City Council, January 9, 2002
A regular session of the Pawtucket City Council is held Wednesday, January 9, 2002, at eight 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 reading of the records of December 19, 2001, 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:
** TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
Petition for an Auto Repair Shop by Jeznik Associate d/b/a M & M Auto Repair, 3 Dix Avenue, Tax Assessor’s Plat 52, Lot 847, to keep a shop for the purpose of repairing automobiles, LIC# 30266, which was advertised for a hearing at this time, is taken up:
STIPULATIONS (Per Zoning 12/5/2000):
1. No auto body work.
2. No outside vehicle storage.
3. No parking along 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 8:00 a.m. to 7:00 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.
Speaking in favor is Applicant, Michael Baptista, 3 Dix Avenue, Pawtucket, RI.
Mr. Baptista states that his wife was the previous owner, and that he will operate the same type of business.
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 license is APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:
Petition for an Auto Repair Shop by Jeznik Associate d/b/a M & M Auto Repair, 3 Dix Avenue, Tax Assessor’s Plat 52, Lot 847, to keep a shop for the purpose of repairing automobiles, LIC# 30266
STIPULATIONS (Per Zoning 12/5/2000):
1. No auto body work.
2. No outside vehicle storage.
3. No parking along 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 8:00 a.m. to 7:00 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 an Auto Repair Shop License by Megacam, Inc. d/b/a Speedway Trans-Automotive, 1114 Newport Avenue, Tax Assessor’s Plat 11, Lot 674, to keep a shop for the purpose of repairing automobiles, LIC# 30267, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Applicant, Marc McNulty, 70 Webster Avenue, Narragansett, RI.
Mr. McNulty states that he will be doing repairs only, and will not be installing gas pumps.
All rebuilding of transmissions will be done inside. His hours of operation will be Monday through Friday 8:00 a.m. until 5:00 p.m., and Saturday, 8:00 a.m. until 3:00 p.m.
Mr. McNulty states that the doors to the garage will be closed in the winter time and open in the summer time. There will be no repairs to vehicles done outside the building. Eight vehicles can be stored on the lot, with two vehicles in the garage.
Mr. McNulty states that he will operate the business along with two employees.
Speaking in opposition is Dan Terrien, 1107 Newport Avenue, Pawtucket, RI.
Mr. Terrien states that he is concerned about the noise and requests that the following stipulations be placed on the license:
1. All doors be kept closed.
2. No auto body work, painting, grinding.
3. No testing of vehicles
4. Lights should be turned off at night.
Mr. Terrien also states that he feels eight cars in the lot are too many.
Mr. Terrien expresses his concerns for the neighbors.
Mr. McNulty states that the lights will shut off at 10:00 p.m. and the lights are shaded.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Clemente, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:
Petition for an Auto Repair Shop License by Megacam, Inc. d/b/a Speedway Trans-Automotive, 1114 Newport Avenue, Tax Assessor’s Plat 11, Lot 674, to keep a shop for the purpose of repairing automobiles, LIC# 30267
STIPULATIONS:
1. No auto parts stored outside the building
2. No unregistered autos parked outside building
3. Only 8 cars allowed on lot and 2 cars allowed in building
4. Hours of operation shall be 8:00 a.m.-5:00 p.m. M-F; 8:00 a.m.-3:00 p.m. Saturdays
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, Finance Committee, regarding the use of Verizon’s Parking Lot for the Darlington Braves, is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.
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 send a communication to Parmelee, Poirier, and Associates, regarding the Management Letter Comments provided by the firm for Fiscal Year ended June 30, 2001.
One item that disturbed the Council greatly was the observation on the timeliness of City Council’s approval of tax abatements.
The Council would like to know why this matter was not discovered in the Management Letter Comments which was provided last year, and if they were aware of this problem, why was the problem not brought to the City Council’s attention a year ago.
Communication from Ronald L. Wunschel, Director of Finance, to Mayor James E. Doyle. (Northern RI Conservation District) is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communications:
Communication from Mary E. Tetzner, Chairperson, Pawtucket Water Supply Board, to the Members of the Pawtucket City Council. (Vendor Selection for the Treatment Plant Facilities)
Communication from Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, to the Members of the Pawtucket City Council. (Addendum: Vendor Selection for the Treatment Plant Facilities)
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the following communications are READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, Councilor Hoyas introduces the following ordinances:
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)
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)
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way Stop Signs – Lincoln Avenue and Ridgewood Street)
Upon motion made by Councilor Hoyas, seconded by Councilor Hodge, the following ordinances are LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE:
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)
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)
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way Stop Signs – Lincoln Avenue and Ridgewood Street)
Communication from Bill Mulholland, Superintendent of Parks and Recreation, to the Pawtucket City Council, City Property Committee. (Daggett Farm) is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from Lisa F. Jarosinski, Permits Manager, Fiber Technologies Networks, LLC, to the Honorable Members of the Pawtucket City Council. (Telecommunications facilities) is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE AND THE CITY PLANNING COMMISSION.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Hoyas, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Gary Washington, Post Master, requesting his cooperation in notifying residents of the City of the importance of clearing snow and ice from sidewalks and paths in front of their homes and businesses.
The Council is asking for a response to the possibility of delivering a message from the City through mail carriers, at no cost to the City, reminding the residents of the safety issue when snow and ice are left on the sidewalks and paths to their homes for the mail carriers, as well as, children and pedestrians.
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.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to set up an Animal Control Committee Meeting to discuss the following issues:
1. Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to Janice M. LaPorte, CMC, City Clerk. (Landlord’s liability if a third party’s pit bull attacks another person)
2. Section 116-25 - Nuisance Abatement (Barking Dogs)
3. Section 116-38 etc… - Canine Waste Removal
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, 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.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES – Councilor Carr.
THE FINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH THE RECOMMENDATION FOR APPROVAL:
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: Clerk II – Payroll (pt) at R09 to Payroll Accountant at R29)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the following ordinance is read for the first time and DEFEATED on a roll call vote, as follows:
AYES – Councilors Moran, and Wildenhain.
NOES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, and Hoyas.
UPON RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE:
AN ORDINANCE AUTHORIZING LOUISE ELLIOTT, 63 FOLLETT AVENUE, TO TIE INTO THE PAWTUCKET SEWER SYSTEM AT ASHTON STREET.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 59-28 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “CITY’S CONTRIBUTION TO THE POLICE AND FIRE PENSION FUND.”
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.” (Upgrade: Senior Services Secretary from R19 to R27; Upgrade: Account Clerk II from R23 to R25)
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Sacred Heart Church for a license to conduct a Dinner Dance at 38 Park Street, Church Hall, on Saturday, January 19, 2002, from 6:00 p.m. until 12:00 a.m., LIC# 0092M
Petition of St. Teresa’s Youth Athletic Program for a license to conduct a Fund Raider Dance at St. Teresa’s Church Hall, 358 Newport Avenue, on Saturday, March 2, 2002, from 6:00 p.m. until 11:30 p.m., LIC# 0091M
SUNDAY SALES 1st Class NEW –
Mustafa Adnan Agha d/b/a 786 Corner Store, 136 Spring Street, LIC# 20410
SUNDAY SALES 1st Class –
AM Donuts, Incorporated d/b/a Dunkin Donuts, (Transfer from Central Falls Donut, Inc. d/b/a Dunkin Donuts) 205 Dexter Street, LIC# 20409
VICTUALLING HOUSE 1st Class –
AM Donuts, Incorporated d/b/a Dunkin Donuts, (Transfer from Central Falls Donut, Inc. d/b/a Dunkin Donuts) 205 Dexter Street, LIC# 00624
VICTUALLING HOUSE 1st Class RENEWALS –
M.J. Restaurant, Inc. d/b/a The New Times Square Restaurant, 3 ½ Exchange Street, LIC# 00123
R.J.W. Inc. Enterprises d/b/a Dunkin Donuts, 337 Armistice Boulevard, LIC# 00166
The Stop & Shop Supermarket Company, 675 Beverage Hill Avenue, LIC# 00185
VICTUALLING HOUSE 2nd Class RENEWAL –
Packaging Graphics Corporation, 60 Delta Drive, LIC# 00528
TAVERN 1st Class RENEWAL –
Emergency Shelter of Pawtucket Central Falls, Inc., 183 Barton Street, LIC# 00225
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Myrtle A. Bachini – No Amount Specified/Pending Estimates
Deloris Dempsey, by Atty. Mark B. Morse - $100,000.00
Frank Gonsalves , by Atty. Christopher J. O’Conner – No Amount Specified
Blanca Londono - $499.00
Patricia Prusha on behalf of Samantha Prusha, by Atty. Thomas W. Pearlman - $25,000.00
Robert W. Sawyer - $720.00 + Hospital Costs
David Sirois - $240.00
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.
Austin J. Lapierre - $1588.67
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.
Katherine Veise - $500.00 deductible
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:
Benjamin G. Quattrucci, by Liberty Mutual Fire Insurance Co. - $2,266.98
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED – CLAIMANT TO CONTACT THE WATER SUPPLY BOARD:
Catherine Raposa - $1639.12
Karlheinz Wolfsberger - $25.00/$60.38
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED:
Jules R. Casavant, by Atty. Michael T. Finan - $100,000.00
Arlinda Evora, by Atty. Michael D. Coleman – No Amount Specified
George D. Noble, by Phoenix Insurance Company - $959.89
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED WITH AN OFFER TO SETTLE IN A SUM NOT TO EXCEED $500.00, ON ROLL CALL VOTE, AS FOLLOWS:
This offer to settle shall not be construed as an admission of liability on the part of the city.
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
SEWER CLAIMS:
Carol A. Byrnes - $1,446.00
Edward & Gertrude Connolly - $1500.00
Kerri A. Dixon - $725.00/$840.00/$3000.00
James Langlois - $800.00
Lynn Toher - $3,500.00
Upon motion made by Councilor Bray, seconded by Councilor Wildenhain, the meeting is adjourned at nine twenty-five o’clock p.m.