City Council, May 25, 2005
A regular session of the Pawtucket City Council is held Wednesday, May 25, 2005, at 7:56 P.M. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Grebien, Councilors Barry, Bray, Clemente, Hodge, Moran, and Vitali.
Absent – Councilors Carr and Wildenhain.
President Grebien presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE AS THE BOARD OF LICENSES COMMISSIONERS
THE COUNCIL RECONVENES AT 8:51 P.M.
The reading of the records of May 11, 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:
** TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
A SHOW CAUSE HEARING, WHICH WAS CONTINUED FROM APRIL 20, 2005, AND MAY 11, 2005, REGARDING THE FOLLOWING LICENSE, 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 is Frank J. Milos, Esq., Assistant City Solicitor
Representing applicant is Attorney Edward McCormick, 359 Broad Street, Providence, RI
Applicant Mario Jimenez and his son, Elmo Jimenez.
Ronald F. Travers, Director, Division of Zoning and Code Enforcement
Stenographer Sandra Bachini-Gaboriault
THE DETAILED TESTIMONY OF THIS HEARING IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, a FORMAL WARNING IS IMPOSED ON MARIO JIMENEZ D/B/A FONSECA A/S, 263 DEXTER ST. LIC#30265 #40277; AND LICENSE HOLDER SHALL PAY A $500.00 FINE, FOR THE FOLLOWING VIOLATIONS OF THE FOLLOWING SPECIFIC CONDITIONS TO THE ORIGINAL GRANT OF THE LICENSE:
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.
14. No repair allowed outside.
16. Keep rear doors closed at all times
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor James E. Doyle; John E. Carney, Director of Public Works; Michael D. Cassidy, Director of Planning and Redevelopment; Michael Wilcox, Acting City Engineer; and, William Mulholland, Director of Parks and Recreation, regarding concerns from the neighbors on McAloon Street about the new soccer field off of Monticello Place, as follows:
1. Privacy barrier along McAloon Street which would prohibit people from watching the games along this street, has not been put up.
2. Fencing along McAloon Street has gates – this was not agreed to at the neighborhood meetings.
Councilor Vitali and the neighbors would like to know if the hours of operation, as was agreed to, will remain as stated.
A response is requested in time for the June 8, 2005, City Council meeting.
Communication from David Clemente, Chair, Ad Hoc Economic Development Committee to President Grebien and All Members of the City Council, (Licenses) is READ AND ORDERED FILED and REFERRED TO THE LICENSE COMMITTEE.
Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Salary Increase for Unclassified Non-Union Employees) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Kevin J. Dumas, Mayor of the City of Attleboro to Janice M. LaPorte, CMC, City Clerk, (Case Construction Company Dumping Landscaping Materials)
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:
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 Mayor James E. Doyle and Attleboro Mayor Kevin J. Dumas asking for a follow-up meeting concerning the potential relocation of Case Construction Company.
Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Allocation Roster Effective July 1, 2005) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, (Donation for the Cape Verdean Subcommittee of the Historical Preservation & Heritage Commission) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following Resolution:
RESOLUTION CONGRATULATING JENNIFER VELASQUEZ FOR RECEIVING THE CERTIFICATE OF INITIAL MASTERY.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following Resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Clemente, Hodge, Moran, and Vitali.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following Resolution:
RESOLUTION CONGRATULATING COURTNEY BYRNE-MITCHELL FOR RECEIVING THE CERTIFICATE OF INITIAL MASTERY.
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following Resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Clemente, Hodge, Moran, and Vitali.
NOES - 0.
Communication from Yvonne Seggerman, Managing Director, GAMM Theatre to the Honorable James E. Doyle, (Donation to Help the Theatre Strategic Marketing Initiatives), is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Gary R. Reis, President of Med Tech Inc. to Councilor Thomas Hodge, (Donation of the Entire Amount of Money Needed to Purchase Automatic External Defibrillators (AED).
Upon motion made by Councilor Hodge, seconded by the entire City Council, 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 the entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a copy of the Communication from Gary R. Reis, President of Med Tech Inc. to Mayor James E. Doyle and Henry Kinch, Chair of the Pawtucket Parks Commission.
Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, (Donation for the Mixed Magic Theatre) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
Communication from Frank J. Milos, Jr., Esq., Assistant City Solicitor to John J. Barry, III, City Councilor, (Licensing Trash Haulers) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
Communications from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable Members of the Pawtucket City Council, (Proposed Council Resolution for the Filing of the 2005-2006 Community Development Block Grant) is READ AND ORDERED FILED.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Clemente, Hodge, Moran, and Vitali.
NOES - 0.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE LICENSE COMMITTEE:
AN ORDINANCE REPEALING SECTIONS 8 AND 9 OF CHAPTER 108 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ALCOHOLIC BEVERAGES” (Maximum Number of Licenses)
THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETINGS HELD APRIL 20, AND MAY 11, 2005, AND IS APPROVED ON A UNANIMOUS VOICE VOTE, WITH ALL STIPULATIONS TO REMAIN IN PLACE:
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.
13. 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.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Moran, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement requesting that he notify Councilor Clemente if there are any future violations or court actions against Mario Jimenez d/b/a Fonseca A/S.
*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 10, 2005, at 6 p.m. and ending Saturday, June 11, 2005, at 12:00 noon. LIC#0235M
Petition of Community Center of Grupo Amigos Da Terceira Inc. for a license to conduct an Annual St. Vincent DePaul Feast at 55 Memorial Drive, parking lot, Monday, September 5, 2005, from 4:00 p.m. to 8:00 p.m.; Friday, September 9, 2005, from 8:00 p.m. to 12:00 a.m.; Saturday, September 10, 2005, from 12:00 p.m. to 12:00 a.m.; and Sunday, September 11, 2005, from 11:00 a.m. to 8:00 p.m. LIC#0293M
Petition of Sacred Heart Church for a license to conduct a Parish Feast in Sacred Heart Parish, 38 Park Street, on June 3, 2005, from 6:00 p.m. to 12:00 a.m., June 4, 2005, from 6:00 p.m. to 12:00 a.m., and June 5, 2005, from 6:00 p.m. to 10:00 p.m. LIC#0292M
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) Renewal - (Selling used automobiles and parts) - Renewals
*Prime Auto Brokers Inc., d/b/a Prime Auto Brokers, 433 Broadway LIC#30225 #40231
1. No spray painting until the exhaust system is approved by the Fire Department and meets EPA standards.
Prime Auto Brokers Inc., 347 Broadway, LIC#30190 #40186
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) - Renewals
Kenneth R. Carosi d/b/a/ Broadway Collision Center, 519 Broadway, LIC#30284 #40299
SECOND HAND SHOP CLASS C ONLY (Used Miscellaneous Merchandise) - Renewals
Hollywood Entertainment Corporation d/b/a Hollywood Video Game Crazy #039-117, 398 Cottage St. LIC#40335
Tuxedo’s by Merian Inc., 214 Broadway, LIC#40254
SUNDAY SALES 1st Class Renewals –
*Metro Mart LLC, 469 Benefit St. LIC#20485
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.
SUNDAY SALES 2ND Class -
Bonaventure & Gina Audate d/b/a G & B Uniforms & Dental Shoppe, 509 Armistice Blvd (transfer from 791 Central Avenue). LIC#20492
SUNDAY SALES 1st Class New –
Stop & Shop Supermarket Company LLC d/b/a Super Stop & Shop, 380 Cottage St. LIC#20493
VICTUALLING HOUSE 1st Class New –
Stop & Shop Supermarket Company LLC d/b/a Super Stop & Shop, 380 Cottage St. LIC#00740
VICTUALLING HOUSE 1st Class –
A.K. Chicken, Inc., d/b/a Chicken Tower, (transfer from Pawtucket Chicken Inc., d/b/a Chicken Power) 611 Smithfield Ave. LIC#00743
V & S Bella Pasta, LLC, d/b/a Bella Pasta, (transfer from Francisco M. Perez, d/b/a Bella Pasta) 514 Benefit St. LIC#00742
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Zelmira Amaral – $600.00-$643.47
Ana DaSilva by Attorney Michael Horan - $50,000.00
William Grimley - $234.36
Vinod Miglani by American International Recovery Inc. - $1975.05
Kevin Newton - $193.58/$208.68
Francisco Santos by Attorney Michael Horan - $25,000.00
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Council President Donald R. Grebien to the Members of the City Council, (Appointment of Councilor Robert Carr to Serve on the Mayor’s Commission to Study Overtime in the Fire Department)
Upon motion made by Councilor Clemente, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED:
591 Communication from Council President Donald R. Grebien to the Members of the City Council, (Appointment of Councilor Robert Carr to Serve on the Mayor’s Commission to Study Overtime in the Fire Department)
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following made by Councilor Moran, on behalf of Council President Grebien, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Timothy McLaughlin, Fire Chief, requesting information on fire hydrants, specifically:
1. Schedule of hydrant fees from other communities.
2. What, if any, are the charges for hydrants on property other than city or town owned.
A response is requested in time for the June 8, 2005, Council meeting.
Upon motion made by Councilor Moran, seconded by Councilor Clemente the meeting is adjourned at 9:38 p.m.