May 19, 2004 - Regular City Council Session

City Council, May 19, 2004

A regular session of the Pawtucket City Council is held Wednesday, May 19, 2004, at 7:04 P.M. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran and Wildenhain.

Absent – Councilor Bray.

President Barry presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ALSO KNOWN AS CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1996. (CHANGE IN OFFICIAL ZONING MAP PAGE 20B-JOSEPH & DIANE DRAZEK - Central Avenue, Sabin Street and Prince Street)

THE COUNCIL RECONVENES IMMEDIATELY.

The reading of the records of May 5, 2004, is dispensed with and the records are APPROVED as prepared by the Clerk.

Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the *Consent Agenda is APPROVED, on a unanimous voice vote.

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028 A. Communication from Rhode Island Department of Environmental Management to Edward S. Szymanski, PE, Associate Chief Engineer, Rhode Island Department of Transportation (Insignificant Alteration – Permit - West of Moshassuck Street intersection with Esten Avenue)

7 B. Communication from RI Clean Water Finance Agency to City of Pawtucket (PWSB’s Disbursements)

028 C. Communication from Rhode Island Department of Administration, Statewide Planning Program to Council President John J. Barry, III (Public Hearing on the Proposed Designation of Local Watershed Councils)

591 D. Communication from John J. Barry, III, President, City Council and Councilor Mary Bray to Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board (Residential Customer Service Line Protection Plan Notice)

622 & Lic Communication from Ronald F. Travers, Director, Zoning & Code Enforcement to Council President John Barry III and Council Members. (National Wrecking Company) is READ AND ORDERED FILED.

Petition for Wholesale Junk and Second Hand Shop licenses (Class C – Selling used miscellaneous merchandise) by National Wrecking Co. Inc., 130 Grotto Avenue, Assessors Plat 57, Lots 422 425 426 427 to keep a shop for the purpose of maintaining a wholesale junk yard, and selling second hand articles, specifically junk materials, etc. LIC. #60006, LIC. #40329, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Kevin Horan, Attorney, 393 Armistice Boulevard, representing applicant, National Wrecking Co. Inc.

Mr. Horan states that his client has been in business at this location since 1965 operating under a use permit.

Mr. Horan states that DEM visited the location and questioned the lack of licensing. Mr. Horan states that he is not handling the DEM issues for his client, that these are being handled by Edwards & Angell, specifically Sheldon Whitehouse.

Mr. Horan states that he is here to address the licensing issue.

Councilor Clemente states that he is concerned with DEM’s concerns and issues.

Mr. Horan states that Attorney Whitehouse is working to rectify the conditions.

Tom D’Agostino, president of National Wrecking Co. Inc., states that he is in the process of cleaning up the location and once it is clean there will not be a problem with DEM again.

There are no other speakers.

The Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following license is APPROVED on a unanimous voice vote:

Petition for Second Hand Shop license (Class C – Selling used miscellaneous merchandise) by Genoveve Santana, d/b/a Family Appliances, 589 Main Street, Assessors Plat 53, Lot 216 to keep a shop for the purpose of purchasing and selling second hand articles, specifically used appliances, LIC #40330, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Genoveve Santana, 11 Pumgasett Street, Providence and Esparanza Santana, 44 Pheobe Street, Providence.

Ms. Santana states that the business will be selling used appliances such as refrigerators, stoves and dishwashers, etc. Hours of operation are Monday through Friday, 9:00 a.m. to 6:00 p.m. and maybe on Saturdays.

Ms. Santana states there will be no items left on the sidewalk.

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 license is APPROVED WITH THE FOLLOWING STIPULATION on a unanimous voice vote:

STIPULATION

1. No items to be placed on sidewalk or around the exterior of the building at any time.

Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk (Freight Street Realty – Tax Collection Issue) IS READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE.

609 Communication from Michael Yarbrough, Supervisor, Narragansett Electric to Pawtucket City Council Members, submitting a petition for the setting of N.E.C.O. pole on Lily Pond Street, IS READ AND ORDERED FILED AND APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

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.

588 RESOLUTION AUTHORIZING THE PWSB TO ENTER INTO A LEASE AGREEMENT WITH THE PAWTUCKET REDEVELOPMENT AGENCY FOR PROPERTY LOCATED AT 100 TIM HEALEY WAY, PLUS THE PROPERTY THAT IS LOT 362 ON PLAT 35.

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.

032 RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF ROBERTO CRUZ

The following ordinance is read for the second time and PASSED on a roll call vote as follows:

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

330 AN ORDINANCE AUTHORIZING JJAM SPORTS INC., A/K/A LA CABANA SPORTS BAR AND NIGHT CLUB, 141 RESERVOIR AVENUE, LINCOLN, RI, ASSESSOR’S PLAT 6, LOT 374, TO TIE INTO THE PAWTUCKET SEWER SYSTEM AT RESERVOIR AVENUE.

028 & Lic Communication from Jose Borges, Connie Borges, and Gary K. McNally, Julia’s Boulevard Café, 573 Armistice Boulevard, to Council President John J. Barry, III, requesting permission to place a few small tables and chairs on the sidewalk on the Annie Street side of the café is READ AND ORDERED FILED AND IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT AND COUNCILOR RAYMOND T. HOYAS, JR.

THE COUNCIL RECESSES AT 7:31 P.M. TO RECONVENE A PUBLIC HEARING ON THE FOLLOWING:

THE COUNCIL RECONVENES AT 7:44 P.M.

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

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 send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor regarding the stipulations agreed to by the applicant and objectors on the following ordinance:

STIPULATIONS

1. No buses of any kind to be stored or parked overnight that this location.

2. Outside storage of commercial vehicles over ¾ ton shall be limited to one (1) such vehicle per tenant. The total not to exceed 10 vehicles.

Councilor Hodge also asks, if this ordinance is adopted with the added stipulations, will the change carry on to subsequent owners of this property. A response is requested in time for the next council meeting.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

With majority consent of the Council, Councilor Wildenhain introduces the following license:

ENTERTAINMENT:

Petition of Sacred Heart Church for a license to conduct a Parish Feast in Sacred Heart Parish, 38 Park Street, on June 4, 6:00 p.m. to 12:00 p.m., June 5, 6:00 p.m. to 12:00 p.m., and June 6, 2:00 p.m. to 10:00 p.m.

Upon motion made by Council Wildenhain, seconded by Councilor Hodge, the following license is APPROVED on a unanimous voice vote:

ENTERTAINMENT

THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:

ENTERTAINMENT –

Petition of American Cancer Society for a license to conduct a Fundraiser in Pariseau Field, starting on Friday, June 4, 2004 at 6 p.m. and ending Saturday, June 5, 2004 at 12:00 noon. LIC. #0235M

Petition of Daggett Delights Inc. for a license to conduct a Classic Car Show in Parking Lot of Dagget Farm in Slater Park, on Tuesdays, May through September, 2004 from 5:00 p.m. to 9 p.m. LIC. #0233M

Petition of Pleasant View Business and Neighborhood Association for a license to conduct a Pleasant View Family Day and Car Show at the John Street Playground, on June 13, 2004 at 10:00 a.m. to 4:00 p.m. (rain date June 20, 2004 10:00 a.m. to 4:00 p.m.) LIC. #0234M

RETAIL JUNK (New) –

National Wrecking Co., Inc., 130 Grotto Avenue, LIC. #50002

AUTO REPAIR SHOP (Renewal) –

Belangers & Son Auto Repair Inc., 21 Slade Street, LIC. #30012

*Janek Ilic d/b/a J-D Auto Repair, 27 Centre St. LIC. #30250

1. No auto body work.

2. No painting.

3. No parking cars on Centre Street.

4. No more than 14 cars parked in front at any time.

5. No junk of any kind shall be stored outside.

6. All work shall be done inside the building.

PEDDLERS (New) –

John P. Kinnel, d/b/a The Road Course Diner, 3 Abel Avenue, Johnston, RI, LIC. #83

DRIVER: John P. Kinnel, 3 Abel Avenue, Johnston, RI

TO PEDDLE: Food (hamburgers, hot dogs, fries, soda, etc)

LOCATION: All of Pawtucket and New England Tractor Trailers, 600 Moshassuck Valley

Nikolin Lucaj, 67 Tobie Avenue, Pawtucket, LIC. #82

DRIVER: Nikolin Lucaj, 67 Tobie Avenue, Pawtucket

TO PEDDLE: Ice Cream

LOCATION All of Pawtucket

Travis Moonschein, 51 Transit Street, Providence, RI, LIC. #84

DRIVER: Travis Moonschein, 51 Transit Street, Providence, RI

TO PEDDLE: Food/Arts

LOCATION: All of Pawtucket

PEDDLER (Renewal) –

K & S Novelty Inc., 29 Lauriston Street, Providence, RI LIC. #15

DRIVER: Kevin P. Skelly, 31 Lauriston St. Providence, RI

Allan Bernstein, 59 Fifth Street, Providence, RI

Michael Quinn, 214 Japonica Street, Pawtucket, RI

Theresa Manera, 156 Yeoman Avenue, Cranston, RI

TO PEDDLE: Balloons & Novelties

LOCATION: McCoy Stadium Area

PEDDLER (New Drivers) –

Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon Street, LIC. # 4

DRIVER: Walter Gutierrez, 237 Suffolk Ave., Pawtucket, RI

Timothy Hubbard, 82 Sherman Ave, Seekonk, MA

Juan Carlos Jaramillo, 46 Wilson Ave., Johnson, RI

TO PEDDLE: Ice Cream

LOCATION: All of Pawtucket

SUNDAY SALES 1st Class (Renewal)

Barney’s Bakery, Inc. d/b/a Barney’s, 727 East Avenue, LIC. #20009

East Avenue CVS Inc. d/b/a CVS/Pharmacy #2234, 425 East Avenue, LIC #20307

VICTUALLING HOUSE 1st Class –

Flanagan’s LLC, d/b/a Flanagan’s, (Previously Beverly Flanagan Carcieri d/b/a/ Flanagan’s), 720 Broadway, LIC. #00707

*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS ON A UNANIMOUS VOICE VOTE:

Margaret Allinson - $110.89

Dianne L. Polseno – $1925.89

John C. Silva – No Amount Specified

Dennis Kane – $1601.41-$2216.94

Upon motion made by Councilor Hodge, seconded by Councilor Moran the meeting is adjourned at 7:45 P.M.