City Council, April 20, 2005
A regular session of the Pawtucket City Council is held Wednesday, April 20, 2005, at 7:55 P.M. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
Absent – Councilors Barry, Vitali, and Wildenhain.
President Grebien presides.
The reading of the records of April 6, 2005 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
THE FOLLOWING PUBLIC HEARING WAS CONTINUED AT THE MARCH 23, 2005, AND APRIL 6, 2005, MEETING AND IS AGAIN TAKEN UP:
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles and Parts) by Auto Marketplace Sales, Inc. d/b/a Auto Marketplace Sales (100% change in Stockholders), 39 Central Avenue, Tax Assessor’s Plat 20, Lot 585, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used Automobiles and Parts, LIC# 30312 & 40339 is taken up:
Speaking in favor is Robert Ameen representing applicant Jose Mendez.
Mr. Ameen states that there was a change of stockholders.
He also states that there is one mechanic and the hours of operation are Monday thru Friday 8:00 a.m. to 5:00 p.m., and Saturdays 8:00 a.m. to 1:00 p.m.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following licenses are APPROVED on a unanimous voice vote:
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles and Parts) by Auto Marketplace Sales, Inc. d/b/a Auto Marketplace Sales (100% change in Stockholders), 39 Central Avenue, Tax Assessor’s Plat 20, Lot 585, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used Automobiles and Parts, LIC# 30312 & 40339.
COUNCILOR MORAN LEAVES THE CHAMBERS AT 8:00 P.M.
THE FOLLOWING SHOW CAUSE HEARING IS TAKEN UP:
AUTO REPAIR SHOP & SECOND HAND SHOP (CLASS A & B - Selling used automobiles and parts) -
*Mario Jimenez d/b/a Fonseca A/S, 263 Dexter St. 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 bodywork 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.
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Also present on behalf of the City is Melissa Leca, Environmental Zoning Inspector and Ronald F. Travers, Director, Zoning & Code Enforcement.
Representing the license holder is Edward McCormick, Esq.
Also present is Elmo Jimenez on behalf of his father Mario Jimenez.
Mr. Milos questions Ms. Leca regarding how long she has been employed with the City and the nature of her employment.
Ms. Leca responds that she has been employed as an Environmental Zoning Inspector for the past two years. She handles telephone complaints and does on-site inspections.
Mr. Milos questions Ms. Leca regarding her inspection and the violations found at Fonseca A/S.
She states that she received a complaint for Fonseca’s regarding litter surrounding the property.
She inspected the property and observed the following license violations:
1. Rear door was open in violation of Stipulation #16
2. Sixteen vehicles parked in front of property in violation of Stipulation #11
3. Working on vehicle in front of building in violation of Stipulation #14
4. Litter around building in violation of Stipulation #10
5. Six vehicles parked behind the church without registrations in violation of City Ordinance.
She states that the license holder was sited for these violations.
Mr. McCormick questions Ms. Leca regarding the violations.
Ms. Leca states that the rear door was shut while she was there. She inspected the site during normal business hours.
Ms. Leca states that the sixteen vehicles were present at the time of the inspection. She does not know if they were still there at the end of the business day.
Ms. Leca states that there was litter around the fence and around the building.
Ms. Leca states that there was work being done to a tire in front of the garage door. The work was not yet completed by the time she left the premises.
Ms. Leca states that the six unregistered vehicles were in violation of the City’s ordinance.
Ms. Leca states that she received numerous complaints from neighbors regarding this business. However, she states that Fonseca’s receives no more calls that usual for this type of business.
Mr. McCormick has no further questions for Ms. Leca.
Mr. Milos questions Mr. Travers regarding the history of violations for Fonseca A/S.
Mr. Travers states that there has been eight occasions that Fonseca’s has been sited, six of those occasions have resulted in action by Municipal Court.
Mr. Travers submits printouts of these violations for the record.
Mr. McCormick questions on if Mr. Travers agrees with the statement of Ms. Leca that Fonseca receives no more phone calls than usual for this type of business.
Mr. Travers states that he disagrees with the statement of Ms. Leca made regarding the number of phone calls, and states that the Zoning Department receives more phone calls on Fonseca than on other similar type businesses. Ms. Leca is just one of three inspectors that receive such calls.
Mr. McCormick asks Mr. Travers if it is correct that this is the first time Fonseca’s has been before the Council since obtaining their license in 2001.
Mr. Travers states that this is the first time and these are clear violations of the stipulations placed on the license.
Councilor Clemente states that although this is the first time they have been in for a Show Cause Hearing, this is not the first time that they have been in trouble. When this business was before the Council in 2001 it was for operating without a license.
Mr. McCormick asks Mr. Travers if he inspected the business when it was sited in 2005.
Mr. Travers states that he did not.
Councilor Clemente asks if the father, Mario, is there on a regular basis.
Mr. Jimenez states that yes, his father operates the business, he was unable to attend tonight.
COUNCILOR MORAN RETURNS TO THE CHAMBERS AT 8:10 P.M.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Hodge the Show Cause Hearing on the following license is continued to May 11, 2005, on an unanimous voice vote:
*Mario Jimenez d/b/a Fonseca A/S, 263 Dexter St. 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 bodywork 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.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board.
JUVENILE HEARING BOARD
Lorenzo C. Tetreault, 95 Second Street, Pawtucket, RI 02861. Term expires the first Monday in December, 2007, is READ AND ORDERED FILED.
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote as follows:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
JUVENILE HEARING BOARD
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment requesting that he take the necessary steps to schedule a public meeting regarding the Blackstone Bikeway Design.
Communication from Peter F. Kilmartin, House Majority Whip, Representative – District 61 to Donald R. Grebien, President, Pawtucket City Council. (Support for House Bills 5604 and 5780) is READ AND ORDERED FILED and REFERRED TO FINANCE COMMITTEE.
Communication from Mayor James E. Doyle to the Honorable Pawtucket City Council. (Request from Susan Cipriano, Advisor, Shea Chapter of the Future Business Leaders of America for a donation to defray cost of attending National FBLA Competition is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
Communication from Bill Mulholland, Superintendent of Parks & Recreation to the Pawtucket City Council, requesting that the entry way of Slater Park Tennis Courts be named in memory of Bill Schupfer, is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE, AND THE CITY PLANNING COMMISSION.
Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, Gary Bucci and Catherine Shemligian, to the Pawtucket City Council, requesting to rename a portion of Park Place North and Park Place West to Main Street, is READ AND ORDERED FILED and REFERRED TO THE PUBLIC WORKS COMMITTEE.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST FOR IN-KIND SERVICES UP TO $5000.00 IS APPROVED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, and Moran.
NOES - 0.
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1ST Class –
Lionheart Marketing Corp., d/b/a Garden Grill, (transfer from Rob Yaffe d/b/a Garden Grill) 727 East Avenue, LIC#00736
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable City Council. (Liquor License for Crazy Burger)
Upon motion made by Councilor Bray, seconded by Councilor Clemente, the following communication is READ AND ORDERED FILED AND IS REFERRED TO THE LICENSE COMMITTEE:
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable City Council. (Liquor License for Crazy Burger)
THE FOLLOWING PETITION FOR LICENSE IS TAKEN UP:
AUTO REPAIR SHOP & SECOND HAND SHOP (CLASS A & B - Selling used automobiles and parts) Renewals -
*Mario Jimenez d/b/a Fonseca A/S, 263 Dexter St. 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 bodywork 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 CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Moran, the following license is LAID ON THE TABLE until the continued show cause hearing is concluded.
The license holder may continue to operate until the next City Council meeting.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Clemente the following license is removed from the Consent Agenda and withdrawn without prejudice on a unanimous voice vote:
ENTERTAINMENT -
Petition of Pawtucket YMCA, for license to conduct Teen Dance, at 20 Summer Street, on Saturday, April 23, 2005, from 6:30 pm – 10:30 pm LIC#0285M
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Pawtucket YMCA, for license to conduct Movies on Projector, at Veterans Memorial Ampitheater, on Friday, August 12, 2005 from 7:30 pm – 10:00 pm; and Friday, September 9, 2005, from 7:30 pm – 10:00 pm LIC#0285M
Petition of Pleasant View Business Association for license to conduct Pleasant View Family Day, at John Street Playground, on Sunday, June 12, 2005 from 12:00 pm – 5:00 pm., rain day Sunday, June 19, 2005, LIC#0284M
Petition of Daggett Delights Inc. for a license to conduct a Classic Car Show in Parking Lot of Daggett Farm in Slater Park, on Tuesdays, May through September, 2005 from 5:00 p.m. to 9 p.m. LIC#0287M
Petition of Rhode Island Donation Exchange Program to conduct a Fundraiser at the Pawtucket Armory, 175 Exchange Street, on Thursday, April 21, 2005, from 6:00 p.m. to 9:00 p.m., LIC#0288M
PEDDLER Renewal –
Rocco B. Africo, 12 Verdi Street, North Providence, Rhode Island, LIC. #80
TO PEDDLE: Lemonade
DRIVER: Rocco B. Africo, 12 Verdi Street, North Providence, Rhode Island
LOCATION: All of Pawtucket
Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon Street, LIC. # 4
DRIVER: Walter Gutierrez, 237 Suffolk Ave., Pawtucket, RI
Juan Carlos Jaramillo, 46 Wilson Ave., Johnston, RI
Francisco Meneses, 42 Cottage St., Central Falls, RI
TO PEDDLE: Ice Cream
LOCATION: All of Pawtucket
POOL TABLE Renewals –
Jimmy’s Bar & Grill, Inc., 605 Broadway, (1) Weekdays & Sundays LIC#G0058
2nd Ward Independent Club, 409 Cottage St. (1) Weekdays & Sundays LIC#G0023
SUNDAY SALES 2nd Class New –
Maria M. Vaz d/b/a Sweet Femme & Ritmo, 585 Main St. LIC#20489
SUNDAY SALES 1st Class Renewals –
Mustafa Adnan Agha d/b/a 786 Corner Store, 136 Spring St. LIC#20410
Candida Baptista, Ltd. d/b/a Forcier’s Market, 737 Main St. LIC#20472
East Avenue CVS Inc., d/b/a CVS/Pharmacy #2234, 425 East Ave. LIC#20307
Luzitania Bakery, Inc., 312 Barton St. LIC#20449
Rabia Inc., d/b/a Pawtucket Food Mart, 755 Mineral Spring Ave. LIC#20476
SUNDAY SALES 2nd Class Renewals –
Margaret M. Lussier d/b/a J & M Antiques & Used Furniture, 386 Central Ave. LIC#20298
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
1. Repair of U-Haul Vehicles only.
2. No auto bodywork.
3. No spray painting.
4. All repair work shall be conducted inside garage area.
5. No used auto parts or junk shall be stored outside.
6. Shall adhere to current zoning regulations for landscaping of parking lots.
7. No auto repair work on Sundays.
8. Schedule a meeting with the neighbors on Hayward Street within 6-8 weeks to review operation of business.
VICTUALLING HOUSE 1ST Class -
Teresa Pizza, Inc., d/b/a Track Side Pizzeria, (Transfer from Maria B. Couto d/b/a Track Side Pizzeria) 11 Benefit St. LIC#00737
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B -Selling used automobiles and parts) Renewals -
*D & D Tire Service Inc., d/b/a Carlos’ Auto Sales and Service, 1117 Central Ave. LIC#30274 #40286
STIPULATION ADDED ON 3/6/02
1. No cars parked on street for sale or repair.
Smithfield Motor Sales Inc., 527 Smithfield Ave. LIC#30105 #40094
*Mario Veiga d/b/a Mo Performance, 45 Sharon Ave. LIC#30157 #40144
1. No work outside garage.
2. No parking on Sharon Avenue.
3. Trash & debris will be picked up.
4. No auto body or spray painting.
AUTO REPAIR SHOP & SECOND HAND SHOP (CLASS B - Parts) Renewals -
Central Auto Radiator Inc., 188 Pine St LIC#30022 #40177
Donald E. Goulet d/b/a D & G Auto Sales, 33 Utton Ave. LIC#30052 #40046
*Antonio J. Marques d/b/a Tony & Sons Auto Service, 551 Central Ave. LIC#30294 #40311
1. There shall be no more than 16 registered vehicles on the premises stored outside overnight, and not more than 19 registered vehicles during the business hours of operation, including the tow-truck.
2. No business or customer vehicles to be parked on the street.
3. No outside storage of auto or truck parts, except within the fenced enclosure presently located on the lot.
4. Vehicles repairs to be conducted only between the hours of 7:00 a.m. and 7:00 p.m.
5. No vehicles sales allowed.
SECOND HAND SHOP (Class B - Used Auto Parts) Renewal -
Scarborough Faire Inc., 587 Pawtucket Ave. LIC#40089
RETAIL JUNK LICENSE (Renewal) -
John S. Lussier d/b/a John’s Salvage Company, 32 Wood St. LIC#50001
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Ignacio Benitez by Maria’s Insurance - $996.98/$1033.33/$1792.55
Constance Boisclair - $828.56
Anthony Ciolli - $45.50
Marsha Rosenblatt - $826.74/$968.73
Norman Simoneau - $170.75
Brian Sousa - $500.00/$734.00
Upon motion made by Councilor Moran, seconded by Councilor Hodge the meeting is adjourned at 8:50 p.m.