City Council, May 22, 2002
A regular session of the Pawtucket City Council is held Wednesday, May 22, 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 May 8, and May 14, 2002, 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:
Petition for Auto Repair Shop by Mike’s Truck & Trailer Repair Inc., (Previously Robert & Ruth Mancini, d/b/a Bob’s Truck & Auto Service) 447 York Avenue, Tax Assessors Plat 33 Lot 784, to keep a shop for the purpose of repairing automobiles, LIC#30276 which was advertised for a hearing at this time is taken up:
Speaking in favor is Applicant, Michael Majkut, 947 Pine Street, Seekonk, Massachusetts.
Mr. Majkut states that he will be operating the same type of business as Robert Mancini. He has 15 years experience running a similar business at One San Antonio Way, Pawtucket, RI.
His hours of operation will be Monday through Friday 8:00 a.m. to 6:00 p.m., and Saturday 8:00 a.m. to 12:00 noon.
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 following license is APPROVED with the following STIPULATION on a unanimous voice vote:
Petition for Auto Repair Shop by Mike’s Truck & Trailer Repair Inc., (Previously Robert & Ruth Mancini, d/b/a Bob’s Truck & Auto Service) 447 York Avenue, Tax Assessors Plat 33 Lot 784, to keep a shop for the purpose of repairing automobiles, LIC#30276.
STIPULATION:
1. Hours of Operation will be Monday through Friday 8:00 a.m. to 6:00 p.m., and Saturday 8:00 a.m. to 12:00 noon.
Petition for Second Hand Shop by Edwin Alvelo, d/b/a Envy Cycle and Racing, 64 Woodlawn Avenue, Tax Assessors Plat 57 Lot 253, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used motorcycles and parts, LIC#40290 which was advertised for a hearing at this time is taken up:
The first speaker is Antonio B. Centeio, 55 Woodward Avenue, East Providence, RI.
Mr. Centeio states that he is the owner of this property and is trying to keep up this property and be positive.
Speaking in opposition is Elizabeth Lebron, 52 Vale Street, Pawtucket, RI.
Ms. Lebron asks the following questions regarding this license:
1. The hours of operation.
2. Noise and Safety issue of the cycle shop.
3. Is there hazardous waste on the premises, and is there storage and parking for this business?
4. Did the city inspectors go to this location, and has any other city or town denied licensing for this petitioner?
There are no other speakers.
The hearing is closed.
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 the following reasons:
1. The size of the property does not allow for an additional business at this location.
2. The Chief of Police did not sign application due to issues with applicant.
Petition for Second Hand Shop by Edwin Alvelo, d/b/a Envy Cycle and Racing, 64 Woodlawn Avenue, Tax Assessors Plat 57 Lot 253, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used motorcycles and parts, LIC#40290.
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Automobiles & Parts) by Michael J. Newman & Todd E. Walker, d/b/a Grand Avenue Garage (Previously Donald J. McCra, d/b/a Grand Avenue Garage) 175 Grand Avenue, Tax Assessors Plat 12 Lot 647, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts, LIC#30277 & 40289 which was advertised for a hearing at this time is taken up:
Speaking in favor is Applicant, Michael Newman, 181 Grand Avenue, Pawtucket, RI.
Mr. Newman states that his hours of operation would be Monday through Friday from 7:00 a.m. to 8:00 p.m., and on Saturday from 7:00 a.m. to 5:00 p.m. He states that he would like to keep the shop open from 5:00 p.m. to 8:00 p.m. to sell cars.
Mr. Newman is requesting to store up to 15 cars on the lot, and submits pictures to the Council showing adequate space for the 15 cars.
Councilor Wildenhain has concerns about the closeness of the cars to the adjacent property.
Speaking in opposition is Benjamin Zaida, 132 London Avenue, Pawtucket, RI.
Mr. Zaida states that as long as Mr. Newman improves the appearance of the building he has no objections.
He does have concerns on increased traffic and parking in the area.
Speaking in opposition is Patrick Trainer, 142 London Avenue, Pawtucket, RI.
Mr. Trainer states that he foresees a junkyard when selling used auto parts. He also states that he is concerned about increased traffic in the area.
Mr. Trainer states that if the license is granted he would like the stipulation added to the license stating no junk cars or parts on the property.
Speaking in opposition is Janice Bolton, 145 London Avenue, Pawtucket, RI.
Ms. Bolton states she is here to represent her mother, who lives in this area. She is concerned about the parking situation if this license is granted. She states that the area is quiet now and that there are children who play in this neighborhood and she is concerned about property devaluation.
She also states that instead of another business going into this building, she suggests tearing it down.
Speaking in opposition is Isabelle Parise, 148 London Avenue, Pawtucket, RI.
Ms. Parise states her concerns about increasing traffic, noise, and parking problems that would occur with this type of business. She is also concerned about the children in this area.
Councilor Wildenhain questions Mr. Newman about the lighting for this business.
Mr. Newman states that the only additional lighting would be sensor lights for security.
President Barry states that he will request restricting the hours for auto repair until 5:00 p.m.
Councilor Wildenhain suggests limiting the number of cars for sale to 10 cars, leaving 3 parking places for customers.
Mr. Newman states that he is going to remove the underground gas tanks, and replace the windows, doors, and asphalt, and is planning a complete overhaul of this property.
Mr. Newman states that Mr. McCra’s business was quiet, and would like it to remain that way.
Councilor Hodge states that if this is a year round business, the winter months turn dark between 4:30 p.m. and 5:00 p.m. He questions on how Mr. Newman will be able to show these cars with no additional lighting.
Mr. Newman state that if a customer would like to see a car and it is dark outside, the car will be pulled into one of the bays. No additional lighting will be added.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Moran, the following license is APPROVED with the following STIPULATIONS on a unanimous voice vote:
STIPULATIONS:
1. Limit of 10 cars for sale on lot.
2. 3 parking spaces reserved for customers
3. Hours of operation will be Monday through Friday from 7:00 a.m. to 8:00 p.m. and Saturday from 7:00 a.m. to 5:00 p.m.
4. No auto repair after 5:00 p.m.
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Automobiles & Parts) by Michael J. Newman & Todd E. Walker, d/b/a Grand Avenue Garage (Previously Donald J. McCra, d/b/a Grand Avenue Garage) 175 Grand Avenue, Tax Assessors Plat 12 Lot 647, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts, LIC#30277 & 40289.
Communication from Renee Massie, to The Pawtucket City Council (Revised Proposal for the use of Daggett Farm) is READ AND ORDERED FILED AND IS REFERRED TO THE CITY PROPERTY COMMITTEE, THE PARKS COMMISSION SUB COMMITTEE, AND THE DIRECTOR OF PUBLIC WORKS.
Communication from Anthony Walsh, Vice President, Daggett Delight’s Inc., to the Honorable Members of the Pawtucket City Council. (Extension to the Daggett Delight’s Inc., Concession Stand) is READ AND ORDERED FILED AND IS REFERRED TO THE CITY PROPERTY COMMITTEE, THE PARKS COMMISSION SUB COMMITTEE AND THE DIRECTOR OF PUBLIC WORKS.
UP0N RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A VOICE VOTE:
Councilor Grebien, votes in favor of request.
Councilor Hoyas, votes in favor of request.
THE FOLLOWING RESOLUTION WITH THE FINANCE COMMITTEE’S RECOMMENDATION FOR APPROVAL IS TAKEN UP:
RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ESTABLISH A CONTRIBUTION LINE ITEM ENTITLED “THE SAMARITANS” IN THE AMOUNT OF $500.00.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge the following Resolution is LAID ON THE TABLE on a unanimous voice vote:
RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ESTABLISH A CONTRIBUTION LINE ITEM ENTITLED “THE SAMARITANS” IN THE AMOUNT OF $500.00.
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 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 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 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.
UPON RECOMMENDATION OF THE 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, 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, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
COUNCILOR WILDENHAIN LEAVES THE CHAMBER AT NINE ONE O’CLOCK P.M.
THE FOLLOWING ORDINANCE WITH THE ORDINANCE COMMITTEE’S RECOMMENDATION OF APPROVAL IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 198 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “EXCAVATIONS”
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge, introduces the following amendments to the following ordinance:
AN ORDINANCE IN AMENDMENT OF CHAPTER 198 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “EXCAVATIONS”
§ 198-22. STREET RESTORATION
If any street opening extends more than 50 feet, continous or non continous, said street shall be repaved curb to curb.
§ 198-22. 23. Penalties.
§ 198-23 24. Exempted entities.
The City of Pawtucket, the Pawtucket School Department and the Pawtucket Water Supply Board, or their authorized agents, shall be exempt from payment of all fees otherwise the provisions imposed in this Article.
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the following amendments to the following ordinance are passed on a roll call vote as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 198 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “EXCAVATIONS”
§ 198-22. STREET RESTORATION
If any street opening extends more than 50 feet, continous or non continous, said street shall be repaved curb to curb.
§ 198-22. 23. Penalties.
§ 198-23 24. Exempted entities.
The City of Pawtucket, the Pawtucket School Department and the Pawtucket Water Supply Board, or their authorized agents, shall be exempt from payment of all fees otherwise the provisions imposed in this Article.
COUNCILOR WILDENHAIN RETURNS AT NINE FIVE O’CLOCK P.M.
THE FOLLOWING ORDINANCE READ FOR THE FIRST TIME AS AMENDED AND PASSED ON 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 198 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “EXCAVATIONS” AS AMENDED.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AMENDMENT TO THE FOLLOWING ORDINANCE IS APPROVED 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 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” AND REPEALING CHAPTER 2639 IN ITS ENTIRETY. (Change: Labor Supervisor I/Public Building at R26 to Supervisor of Building Maintenance at R34; Upgrade: Building Maintenance Mechanic III from R36 to R40)
Add the following:
Supervisor of Building Maintenance I
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES -Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
NOES – President Barry, and Councilor Wildenhain.
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” AND REPEALING CHAPTER 2639 IN ITS ENTIRETY AS AMENDED. (Change: Labor Supervisor I/Public Building at R26 to Supervisor of Building Maintenance I at R34; Upgrade: Building Maintenance Mechanic III from R36 to R40)
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, the following motion made by Councilor Hoyas, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Angel S. Garcia, Director of Personnel, regarding numerous mistakes on the pay plan amendments.
The Council is requesting that any ordinance to be presented to the Council be carefully checked prior to being submitted. The Council is further requesting that the letters accompanying these ordinances fully explain the changes and if amendments are necessary, the Council wants a full detailed explanation of these corrections as well.
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
RESOLUTION INSTRUCTING THE TAX ASSESSOR TO PROVIDE TAX ABATEMENTS AS OF THE END OF MARCH, JUNE, SEPTEMBER, AND DECEMBER OF EACH YEAR.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE FIXING THE SALARIES OF HEADS OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2620.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2619
THE FOLLOWING LICENSE WHICH WAS LAID ON THE TABLE AT THE APRIL 24 & MAY 8, 2002, MEETINGS IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
*Mario Jimenez, d/b/a Fonseca A/S, 263 Dexter Street, LIC#30265 & #40277
1. License approved on a 12 month conditional basis.
2. There shall be a three month review of the business operation with the neighbors.
3. The hours of operation shall be as follows:
a. 9:00 a.m.-5:00 p.m. for auto repair – Monday-Friday
b. 9:00 a.m.-7:00 p.m. for auto sales-Monday-Friday
c. 10:00 a.m.-3:00 p.m. for auto sales-Saturdays – No auto repair
d. No operation on Sundays or Holidays.
4. Owner shall provide, in writing, off-street parking arrangement with neighbor. Agreement shall be presented to the City Clerk within 30 days.
5. No parking on Dexter Street.
6. Towing allowed during business hours only 9:00 a.m.-5:00 p.m. M-F. No Saturdays.
7. Rear of building shall be clear of all vehicles at all times.
8. No parking on Dexter Court.
9. No painting or auto body work allowed.
10. Outside premises to be kept clean and free of parts and debris.
11. No more than 12 vehicles shall be allowed to park in front of property.
12. The owner of business shall monitor customer parking.
13. No road testing on Dexter Court
14. No repair allowed outside.
15. No motorcycle repairs allowed at any time.
16. Keep rear doors closed at all times.
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT-
Petition of Sacred Heart Church for a license to conduct a Feast of Sacred Heart Church (Live Band) Indoor and Outdoor Festival in the Parking Lot of 38 Park Street, on Friday, May 31, & Saturday, June 1, 2002 from 6:00 p.m. to 12 Midnight, & Sunday June 2, 2002, from 3:00 p.m. to 10:00 p.m. LIC#0009M
Petition of Community Center of Grupo Amigos da Terceira Inc., for a license to conduct a St. Vincent de Paul Festival at 55 Memorial Drive (Parking Lot), INSIDE & *OUTSIDE: *September 2, 2002, from 12:00 Noon to 12:00 Midnight, September 3, 4, 5, from 5:30 p.m. to 10:00 p.m. *September 6, 2002, 6:00 p.m. to 12:00 Midnight, *September 7, 2002, 12:00 Noon to 12:00 Midnight, *September 8, 2002, 12:00 Noon to 10:00 p.m. LIC#0010M.
Petition of Cape Verdean Association of Community Development, for a license to conduct a Sao Joao Festival-Cultural Festival at 120 High Street, on Saturday June 22, 2002, from 9:00 2:00 p.m. to 1:00 a.m. LIC#0011M.
Petition of St. Anthony’s Church, Holy Spirit Society, for a license to conduct an Outdoor Festival-Feast at 32 Lawn Avenue, on Friday June 14, & Saturday June15, 2002, from 8:00 p.m. to 12:00 Midnight, and Sunday June 16, 2002, from 4:00 p.m. to 10:00 p.m. LIC#0012M.
PEDDLER New –
John F. Conneally d/b/a Patriot Ice Cream, 19 Crossman Street, Central Falls, RI. LIC# 72
DRIVER: John F. Conneally, 19 Crossman Street, Central Falls, RI.
TO PEDDLE: Ice Cream
LOCATION: All of Pawtucket
SUNDAY SALES 1st Class –New
Agha A. Khan d/b/a 3 Star Convenience Store, 31 Trenton Street, LIC#20420.
SUNDAY SALES 1st Class –Renewal
Penda Diakite d/b/a Penda’s Market, 479 Smithfield Avenue, LIC#20400.
SUNDAY SALES 3rd Class
Rose Bud Florist, Inc., (transfer from Robert Fromich, d/b/a Rose Bud Florists) 386 Central Avenue, LIC #20419.
VICTUALLING HOUSE 1st Class – All About Pizza Inc., d/b/a Ronzio Pizza (transfer from East Side Pizza Inc., d/b/a Ronzio Pizza) 727 East Avenue, LIC#00636.
THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
MISCELLANEOUS
American Home Products Corp., & Sueric, LLC., by National Grange Mutual Insurance Company-$10,000.00
Flora Emery, by Attorney, Jeffry S. Perlow, Esq.-$100,000.00
Helen F. Gorman-$8.56
John Santos-$3,500.00
PRESIDENT BARRY APPOINTS THE FOLLOWING AD HOC COMMITTEE TO STUDY ZONING ISSUES REGARDING GRANDFATHER RIGHTS FOR AUTO REPAIR SHOP LICENSES AND SECOND HAND SHOP LICENSES IN THE CITY.
Councilor David Clemente
Councilor Mary E. Bray
Councilor Raymond T. Hoyas, Jr.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor James E. Doyle, asking his opinion on having a member of the Council sit on the Personnel Board, to better understand Personnel issues.
The Clerk is further instructed to send a communication to Margaret M. Lynch-Gadaleta, City Solicitor, requesting a legal opinion regarding having a member of the City Council sit on the Personnel Board.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the meeting is adjourned at nine twenty-five o’clock p.m.