City Council, August 7, 2002
A regular session of the Pawtucket City Council is held Wednesday, August 7, 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, Moran and Wildenhain.
Absent – Councilor Hoyas
President Barry presides.
The reading of the records of July 24, 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:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN
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 Stephen P. Ormerod, Commander Pawtucket Police, thanking him on behalf of the Pawtucket City Council, regarding his report on neighborhood complaints.
Councilor Clemente also raised concerns about complaints from neighbors regarding loud motorcycles. These motorcycles seem modified to be louder than most. The Council is asking if this modification is illegal and can any action be taken to relieve the problem of the excessive noise caused by these motorcycles in the neighborhoods.
Petition for a Second Hand Shop License by Metro RI Leasing, LLC., d/b/a Off-Lease Auto Sales, at 727 Central Avenue, Tax Assessors Plats 10, 11 Lots 906, 764, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used vehicles, LIC#40293, which was advertised for a hearing at this time, is taken up:
Speaking in opposition is John Henshaw, 213 Bucklin Street, Pawtucket RI.
Mr. Henshaw states his concerns on how this business will affect the neighborhood.
He further states his concern for the children who attend St. Leo’s School.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the following Public Hearing is to be rescheduled until the first meeting in September on a unanimous voice vote:
Petition for a Second Hand Shop License by Metro RI Leasing, LLC., d/b/a Off-Lease Auto Sales, at 727 Central Avenue, Tax Assessors Plats 10, 11 Lots 906, 764, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used vehicles, LIC#40293.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a Second Alternate member of the Board of Appeals (To fill the unexpired term of David Azevedo), FOR CONFIRMATION:
BOARD OF APPEALS
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, Moran, and Wildenhain.
NOES – 0.
BOARD OF APPEALS
John P. Asermely, 34 Hutchinson Avenue, Pawtucket, RI 02861. Term expires First Monday in January, 2005.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to Janice M. LaPorte, CMC, City Clerk. (A-1 Mobile Homes)
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE:
Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to Janice M. LaPorte, CMC, City Clerk. (A-1 Mobile Homes)
COUNCILOR WILDENHAIN LEAVES THE CHAMBER AT EIGHT NINETEEN O’CLOCK P.M.
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, and Moran.
NOES - 0.
COUNCILOR WILDENHAIN RETURNS TO THE CHAMBER AT EIGHT TWENTY-TWO O’CLOCK P.M.
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, 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, 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, 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, Moran, and Wildenhain.
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 Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF ARTICLE IV OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “TAXATION” (Exemption for Senior Citizens)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED FOR A 3% INCREASE, WHICH IS THE AMOUNT PROVIDED FOR IN THE FY03 ANNUAL OPERATING BUDGET, ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES - 0.
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 IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” (Water Treatment Operator III, Library Assistant I, II, & III, Library Circulation Supervisor, Bookmobile OP & Clerk, Library Associate, and Librarian II)
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” (Delete: Position of Fire Clerk I; Reclassification: Fire Office Supervisor, Fire Prevention Clerk II)
Communication from Yu Cheng Zou, to The Pawtucket City Council, requesting to amend business name of Eagle Express Chinese Restaurant Corporation., d/b/a Eighty-Eight Asian Restaurant, 852 Newport Avenue, to “Eagle Express Chinese Restaurant Corporation., d/b/a R Bar” is READ AND ORDERED FILED and the request to change the d/b/a name Eagle Express Chinese Restaurant Corporation., d/b/a Eighty-Eight Asian Restaurant, to “Eagle Express Chinese Restaurant Corporation., d/b/a R Bar” is LAID ON THE TABLE AND REFERRED TO THE LEGAL DEPARTMENT AND TO THE DISTRICT COUNCILOR ON A UNANIMOUS VOICE VOTE.
THE FOLLOWING LICENSE WHICH WAS LAID ON THE TABLE AT THE APRIL 24, MAY 8, MAY 22, JUNE 5, JUNE 19, JULY 10, AND JULY 24, 2002, MEETINGS IS TAKEN UP AND APPROVED ON A UNANIMOUS VOICE VOTE:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSE (CLASS A & B) (Selling used automobiles and parts) -
*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 LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1st Class
T & W Restaurant, Inc., d/b/a Super Dragon Chinese Restaurant, (Transfer from Super Dragon Inc.) 805 Broadway, LIC# 00640
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT-
Petition of Clube Social Portugues for a license to conduct an Annual Picnic & Festival (Live Music and Traditional Food) at 131 School Street, in the Parking Lot on Friday, August 16, 2002, from 8:00 p.m. to 12:00 midnight, Saturday, August 17, 2002, from 8:00 p.m. to 12:00 midnight, and Sunday, August 18, 2002, from 7:00 p.m. to 11:00 p.m., LIC#0018M
Petition of Pleasant View Weed & Seed for a license to conduct a Musical Concert at John Street Playground, on Saturday, August 24, 2002, Rain Date Saturday, August 31, 2002, from 6:00 p.m. to 7:30 p.m., LIC#0019M
Petition of St. Anthony’s Church for a license to conduct an Animal Auction at 25 Forest Avenue, in the Parish Center parking lot, on Saturday, August 10, 2002, from 6:00 p.m. to 9:00 p.m., LIC#0020M
Petition of Living Hope Assembly of God for a license to conduct a Block Party “Rock the City” closing 34 to 92 Jefferson Avenue and 210 to 251 West Avenue, on Saturday, August 17, 2002, from 12:00 noon, to 3:00 p.m., LIC#0021M
Petition of The Door Christian Fellowship Church for a license to conduct a Christian Concert at 588 Broadway, on Friday, August 23, 2002, from 7:00 p.m. to 9:00 p.m. LIC#0022M
Petition of the Arts Festival/Pawtucket Convergence for a license to conduct an Arts Festival at Various Sites on September 6, 2002 through September 22, 2002, (See Enclosed List)
Petition of St. George Maronite Catholic Church for a license to conduct a Lebanese Heritage Festival 2002, at 50 Main Street, in the church rear parking lot (Apex) on Sunday, August 25, 2002, from 10:00 a.m. to 10:00 p.m., LIC#23
BINGO (RENEWAL)
Darlington Braves Inc., 92 East Ave, (Sunday’s 4:00 p.m. to 10:00 p.m.) LIC#C0004
FLEA MARKET (RENEWAL)
Jean B. Vitali d/b/a A & B Corporation, 360 Broad Street, LIC#J0001
PINBALL & AMUSEMENT DEVICES- New
Eagle Express Chinese Restaurant Corporation., 852 Newport Avenue. (3) LIC#70057
PUBLIC LAUNDRY Renewals –
Anjos Enterprises Inc., d/b/a J & L Laundramat, 288 East Avenue. LIC#A0003
Bawa & Gill, Inc., d/b/a Tidy Mom, 11 Benefit Street LIC#A0060
Management Consultant and Investment Company, d/b/a Clover Laundry, 609 Main Street, LIC#A0068
SIGN BOARD PERMIT (RENEWALS)
A-1 Copier Inc., 76 East St. (1) LIC#N0007
Michael Bozek, d/b/a Michael’s Boulevard Meats, 627 Armistice Blvd. (1) LIC#N0005
Albino Loureiro d/b/a A. Kasmir Limousine, 441 Prospect St. (1) LIC#N0008
M & M Market Inc., 364 Benefit St. (2) LIC#N0009
Richard L. Rinaldi d/b/a Walt’s Roast Beef, 285 Newport Ave. (1) LIC#N0003
Joseph Saggal d/b/a Broadway Pizza, 511 Broadway, (1) LIC#N0004
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Jose T. Correia -$300.76 /$361.00
Beatrice Davis- $100,000.00
Flora Emery, by Attorney Jeffry S. Perlow, Esq.-$100,000.00 (Amended Claim)
Lauren M. Tullie-$150.00/$185.40
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, Moran, and Wildenhain.
NOES - 0.
Glenn Bucka-$1,381.01
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, Moran, and Wildenhain.
NOES - 0.
Gary Furtado - $165.00
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, Moran, and Wildenhain.
NOES - 0.
Richard Massi - $125.00
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, Moran, and Wildenhain.
NOES - 0.
Jeannette Puget - $576.33
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, Moran, and Wildenhain.
NOES - 0.
Barbara Ramsay - $3,347.40
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, Moran, and Wildenhain.
NOES – 0
Sait Sado-$357.62
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, Moran, and Wildenhain.
NOES – 0
Kevin Tootell - $239.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
Diane Agostini, By Attorney Raymond A. Marcaccio - $100,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT THE VALLEY GAS COMPANY ON A UNANIMOUS VOICE VOTE:
John J. Madden, III-$533.17
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION ON A UNANIMOUS VOICE VOTE:
Gladys Orsini - $139.63
Upon motion made by Councilor Bray, seconded by Councilor Wildenhain, the meeting is adjourned at eight forty-five o’clock p.m.