City Council, March 5, 2003
A regular session of the Pawtucket City Council is held Wednesday, March 5, 2003, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, and Moran.
Absent – Councilor Clemente, Wildenhain.
President Barry presides.
The reading of the records of February 19, 2003, 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:
COUNCILOR CLEMENTE ARRIVES AT 7:02 P.M.
COUNCILOR GREBIEN LEAVES THE CHAMBER AT 7:04 P.M.
Petition for Second Hand Shop License by Detria Manuel d/b/a Spurtz Growth-Wear, 569 Armistice Blvd, Tax Assessors Plat 17 Lot 625, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used clothes, furniture, etc., LIC#40295 which was advertised for a hearing at this time is taken up:
There are no speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
Upon motion made by Councilor Hoyas, seconded by Councilor Moran, the following petition for license is APPROVED on a unanimous voice vote:
Petition for Second Hand Shop License by Detria Manuel d/b/a Spurtz Growth-Wear, 569 Armistice Blvd, Tax Assessors Plat 17 Lot 625, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used clothes, furniture, etc., LIC#40295.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge, introduces the following communication:
Communication from R. Kevin Horan, Esq., to Janice M. LaPorte, CMC, City Clerk (One day Liquor License-175 Main Street)
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Moran, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, City Solicitor, requesting a legal opinion on the communication from R Kevin Horan, Esq, regarding a potential liability on the part of the city for the issuance of a one day liquor license at 175 Main Street location,, which is owned by the Pawtucket Redevelopment Agency.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Richard C. Davis, Executive Director, Pawtucket Foundation, to Henry Kinch, Acting Assistant General Manager, RI Public Transit Authority. (Transit Center-Roosevelt Avenue)
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from James A. Briden, to the Honorable Members of the Pawtucket City Council (Requesting a continuance for the Petition of Auto Repair Shop and Second Hand Shop Licenses for Howard Baskin d/b/a East Avenue Auto Repair, 385 East Avenue.)
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED.
Communication from James A. Briden, to the Honorable Members of the Pawtucket City Council (Requesting a continuance for the Petition of Auto Repair Shop and Second Hand Shop Licenses for Howard Baskin d/b/a East Avenue Auto Repair, 385 East Avenue)
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Autos Parts for said repair) by Howard Baskin d/b/a East Avenue Auto Repair 385 East Avenue, Tax Assessors Plat 65 Lot 637, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used auto parts for said repair LIC#30283 & 40297 which was advertised for a hearing at this time is taken up:
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the Public Hearing for the following license is CONTINUED until March 19, 2003, on a unanimous voice vote.
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Autos Parts for said repair) by Howard Baskin d/b/a East Avenue Auto Repair 385 East Avenue, Tax Assessors Plat 65 Lot 637, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used auto parts for said repair LIC#30283 & 40297.
COUNCILOR GREBIEN RETURNS AT 7:08 P.M.
Petition for Auto Repair Shop License by Manuel A. Rojas d/b/a Manny’s Transmission (Previously Megacam Inc., d/b/a Speedway Trans-Automotive) 1114 Newport Avenue, Tax Assessors Plat 11 Lot 674, to keep a shop for the purpose of repairing automobiles LIC#30280 which was advertised for a hearing at this time is taken up:
PREVIOUS 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.
Speaking in favor is Manuel Rojas, 100 Foundry Street, Central Falls, RI.
Mr. Rojas states that he will be repairing motors and doing transmission repairs.
Mr. Rojas states that he is requesting to add additional hours to his business.
Councilor Grebien states that the neighbors have issues with his sign.
They have requested that it be turned off when the business is closed. The neighbors also have issues with the spotlight on the building and request that the light be turned in and be dimmer so that it does not shine in the neighbors house.
Speaking in favor is Janet Rojas, 100 Foundry Street, Central Falls, RI.
Ms. Rojas states that she cannot turn the light in, and that the light stays on until 9:00 p.m. because of safety issues.
Speaking in opposition is Daniel Terrien, 1107 Newport Avenue.
Mr. Terrien states that the light is very bright, and shines into his house. He is asking that the light be on a lower voltage.
Mr. Terrien is also opposed to the extended hours, and also feels that this business will lower the value of his property.
He states that he does favor the light being placed on the pole facing inward. He also, requests that the sign be turned off when the business is closed. He also asks that the previous stipulations be maintained.
Councilor Grebien states that the new hours will be from 7 a.m to 7 p.m. Monday – Friday and 8:00 a.m. to 5:00 p.m. on Saturday, on a trail basis.
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 petition for license is APPROVED WITH THE FOLLOWING STIPULATIONS, on a unanimous voice vote:
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. – 7:00 p.m. M-F; 8:00 a.m. – 5:00 p.m Saturdays.
5. No Sundays
6. All Repairs inside building.
7. Outside security light turn off by 9:00 p.m.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement, regarding the Auto Repair Shop license of Manuel A. Rojas, requesting that the City Council be notified of any complaints from the neighbors that the office receives within the next 60 days regarding noise, violation of stipulations, etc.
Communication from Ronald L. Wunschel, Director of Finance, to President John Barry (Civicall Contract and associated expenses) is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE.
PUBLIC LIBRARY TRUSTEES
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
NOES - 0.
PUBLIC LIBRARY TRUSTEES
Herman Hillson Rose, 66 Glenwood Avenue, Pawtucket, RI 02860. Term expires First Monday in January, 2006.
The following resolution is read and PASSED on a roll call vote as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE AD HOC COMMITTEE TO STUDY LIQUOR VIOLATIONS, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE AD HOC COMMITTEE TO STUDY LIQUOR VIOLATIONS THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 108-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED, “ALCOHOL TRAINING CERTIFICATION.”
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 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “TAXATION”
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien, introduces the following Petition:
Petition to make Japonica Street a one-way street in a westerly direction from Sabin Street to Broadway for the safety of the residents and the numerous children in the area.
Upon motion made by Councilor Grebien, seconded by Councilor Hodge, the following petition is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE:
Petition to make Japonica Street a one-way street in a westerly direction from Sabin Street to Broadway for the safety of the residents and the numerous children in the area.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE PATRICK J. QUINLAN ESQ, IS ENGAGED TO SERVE AS LEGAL COUNSEL TO ASSIST THE PROPERTY COMMITTEE ON THE DISPOSITION OF THE DIVISION STREET, PROPERTY ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Moran.
NOES - 0.
PATRICK J. QUINLAN, ESQ., IS ENGAGED TO SERVE AS LEGAL COUNSEL.
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
POOL TABLE Renewals –
Rock’s Bar Inc., 684 Prospect Street, (1) Weekdays & Sundays, LIC#G0020
SUNDAY SALES LICENSES (ALL RENEWALS)
FIRST CLASS
Mustafa Adnan Agha d/b/a 786 Corner Store, 136 Spring St. LIC#20410
Manzoor Ahmad d/b/a Pawtucket Food Mart, 755 Mineral Spring Ave. LIC#20308
Amerada Hess Corporation d/b/a Hess 39504, 250 Mineral Spring Ave. LIC#20424
Mohamad E. Barbour d/b/a Pawtucket City Market, 151 Benefit St. LIC#20441
*Gul Naz Begum d/b/a Metro Mart, 469 Benefit St. LIC#20413
STIPULATIONS PER ZONING DECISION 4/1/86
1. The hours of operation shall not be other than as stated in presentation 7 AM to 9 PM. Any violation shall be grounds for closing this operation.
2. No foods, paper, rubbish shall be allowed to be in land area. Dumpster collection facilities shall be both inside and on exterior of site and dumpsters on outside must be with covers.
3. Management shall take caution with employees and see that they do not allow radio and other noises to take place.
4. Landscape and shrubs shall be planted to be in harmony with area.
Blackstone Donuts Incorporated d/b/a Dunkin Donuts, 109 East Ave. LIC#20334
Blackstone Donuts Incorporated d/b/a Dunkin Donuts, 421 Broadway, LIC#20335
Butson’s Enterprises of Massachusetts Inc., d/b/a Ro-Jack’s, 295 Armistice Blvd. LIC#20392
Richard Byers d/b/a Dick's Sport & Hobby Shop, 460 Smithfield Ave. LIC#20015
Caprichos Antioquenos Panaderia & Restaurant Inc., 173 Lonsdale Ave. LIC#20181
Darlington Market Inc., d/b/a Darlington Market, 614 Central Ave. LIC#20228
Penda Diakite d/b/a Penda’s Market, 479 Smithfield Ave. LIC#20400
Ghasan Eid d/b/a Town Mart, 885 Newport Ave. LIC#20196
Paula Garcia d/b/a Prospect Mini Market, 620 Prospect St. LIC#20440
Jim & Lori Inc., d/b/a J L Super Stores, 848 Newport Ave. LIC#20103
Jose & Carmelo Main Street Market Inc., 901 Main St. LIC#20211
Agha A. Khan d/b/a 3 Star Convenience Store, 31 Trenton St. LIC#20420
Nonito Lipa d/b/a Nano's Fruits and Veggies, 949 Main St. LIC# 20243
Marques Enterprises Inc., d/b/a Lil' General Store, 600 Main St. LIC#20048
Maxi Drug South, L.P. d/b/a Brooks Pharmacy #68, 727 East Ave. LIC#20428
Maxi Drug South, L.P. d/b/a Brooks Pharmacy #31, 150 Mineral Spring Ave. LIC#20427
Maxi Drug South, L.P. d/b/a Brooks Pharmacy #24, 501 Smithfield Ave. LIC#20426
McCoy Market Inc., d/b/a McCoy Market, 171 South Bend St. LIC#20366
Mineral Enterprises Inc., d/b/a Dunkin Donuts, 750 Mineral Spring Ave. LIC#20050
Moran Foods Inc., d/b/a Save-A-Lot Food Stores, 477 Mineral Spring Ave. LIC#20267
Kenneth C. Munschy d/b/a Li'l General Store, 556 Central Ave. LIC#20051
Newport Avenue Donut Inc., d/b/a Dunkin Donuts, 105 Cedar St. LIC#20270
Newport Avenue Donuts Inc., 81 Newport Ave. LIC#20053
Newport Ave Donuts Inc., 192 Division St. LIC#20321
Onasco LLC d/b/a Onasco Sunoco A-Plus, 81 School St. LIC#20359
Onlyville Discount Inc., d/b/a 99 Cents Plus, 300 Barton St. LIC#20433
RIPJ Management Inc., d/b/a Papa John’s, 379 Smithfield Ave. LIC#20418
RIPJ Management Inc., d/b/a Papa John’s, 295 Armistice Blvd. LIC#20417
RR Rondeau, Inc., d/b/a Woodlawn Mobil, 168 Lonsdale Ave. LIC#20337
Reet, Shubham, Divyam, Inc., d/b/a Forcier’s Market, 737 Main St. LIC#20368
Saad Food Mart Inc., 1414 Newport Ave. LIC#20060
Mohammad Sari d/b/a A & G Convenience & Deli, 248 West Ave. LIC#20412
Shaw's Supermarkets Inc., d/b/a Super Shaw's, 50 Ann Mary St. LIC#20062
Silver Mart Inc., d/b/a Silver Mart, 170 Cottage St. LIC#20284
Simpson's Pharmacy Inc., 10 Newport Ave. LIC#20063
Howell J. Smith Druggist, 749 Central Ave. LIC#20065
State Line Pharmacy Inc., 640 Broadway LIC#20066
The Stop & Shop SuperMarket Company, 675 Beverage Hill Ave. LIC#20067
Fola Sule d/b/a Toofs Market, 916 Main St. LIC#20230
Juan Luis Tavera d/b/a Dominican-Supermarket, 339 Weeden St. LIC#20394
Walgreen Eastern Co. Inc., d/b/a Walgreen’s, #03468, 100 Broad St. LIC#20318
SECOND CLASS
Adams Furniture Company Inc., 65 East Ave. LIC#20082
Chuck Augenti and Henry Turner d/b/a First Stop Entertainment, 539 Armistice Blvd. LIC#20247
BK House of Cigars, Inc., 530 Broadway, LIC#20432
Beau Video Ltd., d/b/a Beau Video, 171 Pawtucket Ave. (A) LIC#20242 OPEN 10:00 AM TO 10:00 PM
Beauty Works Inc., 50 Ann Mary St. LIC#20346
Blackstone Valley Chapter, RIARC d/b/a Daggett Farm Greenhouse, Slater Park, LIC#20352
Hawa Camara d/b/a Fanta’s Cosmetics and Beauty Supply, 618 Broadway, LIC#20351
Colonial Mills Inc., d/b/a Rug Factory Store, 560 Mineral Spring Ave. LIC#20088
Daniel A. Dulude d/b/a Darlington Hobbies & Model Car Shop, 506 Armistice Blvd. LIC#20194
Lorraine Fabrics Inc., 593 Mineral Spring Ave. LIC#20302
Maria M. Neves d/b/a LeSoleil, 547 Armistice Blvd. LIC#20406
Northeast Management Inc., d/b/a Blockbuster Video, 295 Armistice Blvd. LIC#20173 (OPEN 10:00 AM TO 10:00 PM)
Northeast Management Inc., d/b/a Blockbuster Video, 753 Mineral Spring Ave. LIC#20129 (OPEN 10:00 AM TO 10:00 PM)
Ocean State Job Lot of Pawtucket Inc., 470 Pawtucket Ave. LIC#20120
Only a Dollar Inc., d/b/a Only A Dollar of North Main Street, 50 Ann Mary St. LIC#20401
PDKM Enterprises Inc., d/b/a Mail Boxes Etc. #0758, 545 Newport Ave. LIC#20240
Phyl‑Top Inc., d/b/a Mr. Tux, 145 Newport Ave. LIC#20370
Super Cuts Inc. #9976, 681 Beverage Hill Ave. LIC#20255
*U-Haul Company of Rhode Island Inc., d/b/a U-Haul Center of Pawtucket, 2 Lonsdale Ave. LIC#20360
Kenneth Varone d/b/a American Shoe Polishing Parlor, 45 Broad St. LIC#20134
Jean B Vitali d/b/a A & B Corporation (Merchandise Mart & Flea Market) 309
Broad St. (Pawtucket Portion of Former Train Station) LIC#20135
THIRD CLASS
Dolores L. Quattrocchi & Deborah A. Giampaolo d/b/a Flowers and More, 160 Smithfield Ave. LIC#20435
Sandra Patricio d/b/a Hillside Florist, 612 Pawtucket Ave. LIC#20141
Rose Bud Florist, Inc., 386 Central Ave. LIC#20419
FOURTH CLASS
Wheels of Freedom Inc., d/b/a Wheels of Freedom Cycle, 121 Benefit St. LIC#20386
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Richard Addison-$1500.00
Michael Andrade, by Commerce Insurance-$1307.78
James Briden, by OneBeacon Insurance-$2,335.50
George D’Ordine-$738.55/767.93
John DosReis-$693.90/813.23
Erin Erskine-$236.54
David Hemond-$486.15/515.47
Beverly H. Kozlowski-$51.84/65.00
Michael Krum-$439.59/442.14
Karen Robillard, by Attorney, Lynda L. Laing-$4,846.27
Timothy J. Taylor-$78.25/94.25
Dennis Vieira-$971.86/987.55
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, and Moran.
NOES - 0.
Maria Giraldo- $861.76
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, and Moran.
NOES - 0.
Eugenia B. Mendez, by Atty D’Amico & Burchfield, LLP-$1673.87
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, and Moran.
NOES - 0.
Edward A. Moroney Sr-$29.99
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, and Moran.
NOES - 0.
Christopher Swiridowsky-$207.02
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Margaret Alexandre-No Amount Specified
Rouguiatou Barry by Attorney Elizabeth A. Cuzzone-$10,000
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT THE NEW ENGLAND GAS COMPANY ON A UNANIMOUS VOICE VOTE:
Shana Guertin-$1614.35/1694.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED ON A UNANIMOUS VOICE VOTE:
John & Lisa Cloutier-$591.41/718.61
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Holly St. Jean-$2769.70/3189.39
Upon motion made by Councilor Bray, seconded by Councilor Moran, the meeting is adjourned in memory of the victims of the West Warwick Fire at 7:40 p.m.