City Council, April 23, 2003
A regular session of the Pawtucket City Council is held Wednesday, April 23, 2003, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present –President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
Absent – 0
President Barry presides.
The reading of the records of April 9, 2003, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Bray, seconded by Councilor Grebien, 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 HODGE.
With majority consent of the Council, Councilor Hodge introduces the following Resolution:
RESOLUTION CONGRATULATING THE DAVIES GIRLS BASKETBALL TEAM FOR WINNING THE DIVISION 3 STATE CHAMPIONSHIP.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the following Resoulation is read and PASSED on a roll call vote as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran and Wildenhain.
NOES - 0.
THE FOLLOWING LICENSE WAS LAID ON THE TABLE ON MARCH 19, 2003, AND APRIL 9, 2003, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RECONSIDERATION OF THE CONTRACT FOR THE WATER TREATMENT PLANT FACILITY IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR CARR.
Upon motion made by Councilor Carr, seconded by Councilor Hoyas, motion to rescind the vote made on November 20, 2002, rejecting the selection of Earth Tech to design, build and operate the water treatment facility in the City of Pawtucket is PASSED on a roll call vote as follows:
AYES - Councilors Bray, Carr, Grebien, Hoyas, Moran and Wildenhain.
NOES – President Barry, Councilors Clemente, and Hodge.
THE CHAIR RECOGNIZES COUNCILOR CARR.
Upon motion made by Councilor Carr, seconded by Councilor Hoyas, motion to approve the selection of Earth Tech to design, build and operate the water treatment facility in the City of Pawtucket is PASSED on a roll call vote as follows:
AYES - Councilors Bray, Carr, Grebien, Hoyas, Moran and Wildenhain.
NOES – President Barry, Councilors Clemente, and Hodge.
Communication from Luis Pagan, to President John J. Barry, III (Request to purchase 278 High Street) IS READ AND ORDERED FILED, AND REFERRED TO THE CITY PROPERTY COMMITTEE AND THE CITY PLANNING COMMISSION.
Communication from Nicholas Hindy d/b/a Candy from Heaven, 686 Central Avenue, Pawtucket, to the Pawtucket City Council (Requesting to install a Walk up Service Window to serve Ice Cream and Cold Drinks) IS READ AND ORDERED FILED, AND REFERRED TO THE CITY PROPERTY COMMITTEE AND THE DIRECTOR OF ZONING AND CODE ENFORCEMENT.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE A PUBLIC HEARING IS SET FOR MAY 21, 2003, AT 7:00 P.M. ON THE FOLLOWING ORDINANCE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) TEXT AND OFFICIAL ZONING MAPS. (Historic Properties; Table of Use Regulations; Parking & Loading; Variances & Special Use Permits)
THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH THE RECOMMENDATION TO SET A PUBLIC HEARING FOR MAY 21, 2003, AT 7:00 P.M.:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 AND CHAPTER 410 THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET RHODE ISLAND CHANGE IN OFFICIAL ZONING MAP PAGE 50B (Brooks Drug)
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following amendment to the following ordinance:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 AND CHAPTER 410 THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET RHODE ISLAND CHANGE IN OFFICIAL ZONING MAP PAGE 50B (Brooks Drug)
Add:
The area is restricted in its uses to the following uses as listed in Section 410-12, Table of Use Regulations, City of Pawtucket Zoning Ordinance: Accessory Uses – all uses allowed in a Commercial-General (CG) zone; Neighborhood Commercial Uses – all uses allowed in a CG zone; General Commercial Uses – Grocery Store over 20,000 square feet, retail store over 2,500 square feet serving the general needs of the city, any commercial use with a drive-in window (by special use permit), multi-tenant commercial structure (by special use permit); Personal Services - Bank, credit union, and financial services, miscellaneous services including health club, travel agent, weight reduction salon, beauty salon barbershop; Business Services – all uses allowed in a CG zone; Office Uses – all uses allowed in a CG zone. Other uses not listed will be considered prohibited uses.
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following Ordinance is amended by adding the following, on a unanimous voice vote:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 AND CHAPTER 410 THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET RHODE ISLAND CHANGE IN OFFICIAL ZONING MAP PAGE 50B (Brooks Drug) AS AMENDED.
Add:
The area is restricted in its uses to the following uses as listed in Section 410-12, Table of Use Regulations, City of Pawtucket Zoning Ordinance: Accessory Uses – all uses allowed in a Commercial-General (CG) zone; Neighborhood Commercial Uses – all uses allowed in a CG zone; General Commercial Uses – Grocery Store over 20,000 square feet, retail store over 2,500 square feet serving the general needs of the city, any commercial use with a drive-in window (by special use permit), multi-tenant commercial structure (by special use permit); Personal Services - Bank, credit union, and financial services, miscellaneous services including health club, travel agent, weight reduction salon, beauty salon barbershop; Business Services – all uses allowed in a CG zone; Office Uses – all uses allowed in a CG zone. Other uses not listed will be considered prohibited uses.
Upon motion made by Councilor Clemente, seconded by Councilor Grebien, a Public Hearing is set for May 21, 2003, at 7:00 p.m., on the following ordinance on a unanimous voice vote.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 AND CHAPTER 410 THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET RHODE ISLAND CHANGE IN OFFICIAL ZONING MAP PAGE 50B (Brooks Drug) AS AMENDED.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien, introduces the following communication:
Communication from Nancy T. Whit, Executive Director, Pawtucket Citizens Development Corporation, to Donald R. Grebien, Chairperson, Property Committee (278 High Street)
Upon motion made by Councilor Grebien, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED AND REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from Nancy T. Whit, Executive Director, Pawtucket Citizens Development Corporation, to Donald R. Grebien, Chairperson, Property Committee (278 High Street)
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien, introduces the following communication:
Communication from Steven R. Bodi, Division Street Partners, to Michael D. Cassidy, Director, Planning and Redevelopment (45-55 Division Street-RFP Submission)
Upon motion made by Councilor Grebien, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED AND REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from Steven R. Bodi, Division Street Partners, to Michael D. Cassidy, Director, Planning and Redevelopment (45-55 Division Street-RFP Submission)
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Douglas D. Cohen, Principal, Newport Hotel Group regarding the development proposal for the Division Street property in the City of Pawtucket.
The Council is asking for their intentions regarding this matter in order that the City Property Committee may move forward in the selection process.
A response is requested by Monday, April 28, 2003.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING PETITION IS APPROVED ON A UNANIMOUS VOICE VOTE:
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
The following resolution is read and PASSED on a roll call vote as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran and Wildenhain.
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, Moran and Wildenhain.
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, 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, Hoyas, 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, Hoyas, 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, Hoyas, 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, Hoyas, 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, Hoyas, 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, Hoyas, 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, Hoyas, 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, Hoyas, Moran and Wildenhain.
NOES – 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following Ordinance:
ORDINANCE IN AMENDMENT OF SECTION 388 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLES AND TRAFFIC” (Overnight and Sunday and holiday parking prohibited- Boats, Trailers and Mobile Homes)
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the following Ordinance is LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
ORDINANCE IN AMENDMENT OF SECTION 388 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLES AND TRAFFIC” (Overnight and Sunday and holiday parking prohibited -Boats, Trailers and Mobile Homes)
UPON RECOMMENDATION OF THE ORDINANCE 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, Hoyas, Moran and Wildenhain.
NOES – 0.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF SECTION 347-10 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “COLLECTION OF REFUSE AT COMMERCIAL ESTABLISHMENTS; DUMPSTERS; SCREENING.” (Hours for Pickup)
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, 1996, ENTITLED, “TAXATION;” §363-67, ENTITLED, “DUTIES OF ASSESSOR AND FINANCE DIRECTOR” (Property Tax Classification)
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT-
Petition of RI Water Color Society, to hold an Outdoor Art Festival in Slater Park, on Saturday, May 17, 2003, from 10:00 a.m. until 5:00 p.m., LIC#0050M
Petition of Daggett Delights, Inc., to hold a car show in Slater Park on Tuesdays, May 6, 13, 20, 27, June 3, 10, 17, 24, July 1, 8, 15, 22, 29, August 5, 12, 19, 26, September 2, 9, 16, 23, and Sunday, September 14, 2003, from 9:00 a.m. to 9:00 p.m., Rain Date Sunday, September 21, 2003., LIC#0048M
Petition of Grupo Amigos Da Terceira, 55 Memorial Drive, Pawtucket, to hold a Holy Ghost Celebration, on Sunday, May 25, 2003, from 12:00 noon to 6:00 p.m., LIC# 0050M.
PEDDLER New –
Raymond Zimberlin, d/b/a RZ Enterprises, 130 Englewood Avenue 2R, Pawtucket, RI. LIC# 76
DRIVER: Raymond Zimberlin, 130 Englewood Avenue 2R, Pawtucket, RI. 02860
TO PEDDLE: Tee-Shirts
LOCATION: All of Pawtucket
PEDDLER New –
Andrew Jordan, 64 Harold Street, Riverside, RI. LIC# 77
DRIVER: Andrew Jordan, 64 Harold Street, Riverside, RI. 02915
TO PEDDLE: Cotton Candy, Peanuts, snaps, party poppy’s etc.,
LOCATION: All of Pawtucket
PEDDLER Renewals –
Palagi’s 2000, Inc., d/b/a Palagi’s Ice Cream, 55 Bacon Street, Pawtucket, RI, LIC# 4
DRIVERS: Alejandro Arteaga, 237 Suffolk Avenue, Pawtucket RI.
Walter Gutierrez, 237 Suffolk Avenue, Pawtucket RI.
Juan Carlos Jarmaillo, 47 Wilson Avenue, Johnston, RI.
TO PEDDLE: Ice Cream
LOCATION: All of Pawtucket
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts)
*Rita D’Angelo d/b/a Cartex Auto Sales, 540 Weeden St. LIC#30249 #40261
1. Limit of ten (10) cars to be stored in back on existing paved area.
2. Limit of five (5) cars parked in front for sales.
3. No auto body work.
*Michael J. Newman, and Todd E. Walker d/b/a Grand Avenue Garage, 175 Grand Ave. LIC#30277 #40289
1. Limit of 10 cars for sale on lot.
2. Three (3) parking spaces reserved for customers.
3. Hours of operation will be Monday through Friday from 7:00 a.m. to 8:00 p.m. and Saturday from 7:00 a.m. to 5:00 p.m.
4. No auto repair after 5:00 p.m.
Thomas Palangio and Nicholas D'Amica d/b/a Consumers Auto Sales and Service, 610 Weeden St. LIC#30085 #40070
Paul's Auto Sales Inc., d/b/a Sandra Ashburn, 39 Central Ave. LIC#30087 #40073
*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)
B T S Co Inc., d/b/a The Tire & Service Store, 580 Pawtucket Ave. LIC#30296 #40313
Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum St. LIC#30162 #40150
AUTO REPAIR SHOP ONLY
*Richard DiFonzo d/b/a Busy Bee Auto Repair, 611 Weeden St. LIC#30130
1. No auto body work.
2. No auto painting.
*John Jeha d/b/a Jeha's Citgo, 76 Newport Ave. LIC#30057
1. Maintain 6 ft. stockade fence.
2. Inform City Council prior to doing any towing.
Monro Brake and Muffler, Inc., d/b/a Speedy Auto Service by Monro, 1427 Newport Ave. LIC#30241
RETAIL JUNK LICENSE (Renewal)
John S. Lussier d/b/a John’s Salvage Company, 32 Wood St. LIC#50001
SUNDAY SALES LICENSES (ALL RENEWALS)
FIRST CLASS
B & G Supermarket, Inc., d/b/a Compare Foods, 502 Broadway, LIC#20429
East Avenue CVS Inc., d/b/a CVS/Pharmacy #2234, 425 East Ave. LIC#20307
Thrifty Store Inc. d/b/a J and L Superstores, 562 Broadway LIC#20227
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Timothy P. Curran-$2,164.03/2,251.55
John Cushion-$1,923.49/2,305.67
Ryan Eagan-$134.00/196.89
Laura Gonzalez, by Attorney James V. Burchfield, Jr.-$100,000.00
Jeanie C. Herzog, by Attorney Nathaniel J. Rendine-$15,000.00
William Roden-$113.32
Phillip Zahlany-$320.27/368.34
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the meeting is adjourned at 8:03 p.m.