City Council, November 19, 2003
A regular session of the Pawtucket City Council is held Wednesday, November 19, 2003, at 7:01 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Barry, Councilors Bray, Hodge, Hoyas, and Moran.
Absent – Councilors Carr, Clemente, Grebien, and Wildenhain.
President Barry presides.
The reading of the records of November 5, 2003, 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.
COUNCILORS CARR, CLEMENTE, GREBIEN, AND WILDENHAIN ARRIVE AT 7:05 P.M.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCIL CLEMENTE.
Councilor Clemente asks President Barry to appoint a committee to study Megan’s Law.
President Barry instructs the Clerk to have the appointments to the Megan’s Law Committee on the next agenda. The Committee will consist of the following members:
Councilor Clemente, Chair
Representative of the Police Department
Representative of the Legal Department
Representative of the Administration
Petition for a Flea Market License by Henry Tremblay d/b/a H & T, 62 Kenyon Avenue, Tax Assessor’s Plat 9 Lot 124, LIC# J0002, which was advertised for a hearing at this time, is taken up:
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the following application for license is WITHDRAWN WITHOUT PREJUDICE on a unanimous voice vote:
Petition for a Flea Market License by Henry Tremblay d/b/a H & T, 62 Kenyon Avenue, Tax Assessor’s Plat 9 Lot 124, LIC# J0002
Petition for Second Hand Shop License (Class C – Selling Miscellaneous Merchandise) by Mother’s Little Helper (Previously Allison Flannery d/b/a Mother’s Little Helper), LLC, 580 Newport Avenue, Tax Assessor’s Plat 28 Lot 1262, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothes, furniture, etc. LIC# 40318, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Michelle Blanchette, Applicant.
Ms. Blanchette states that she will be continuing to sell used children’s clothes, toys, and equipment. She had worked for the previous owner who had been there for 9 years. She will continue the same type of business.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
Upon motion made by Councilor Hoyas, seconded by Councilor Moran, the following license is APPROVED on a unanimous voice vote:
Petition for Second Hand Shop License (Class C – Selling Miscellaneous Merchandise) by Mother’s Little Helper (Previously Allison Flannery d/b/a Mother’s Little Helper), LLC, 580 Newport Avenue, Tax Assessor’s Plat 28 Lot 1262, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothes, furniture, etc. LIC# 40318
Petition for Second Hand Shop License (Class C – Selling Miscellaneous Merchandise) by Fastcash Pawn & Checkcashers, Incorporated, 824 Newport Avenue, Tax Assessor’s Plat 27 Lot 938, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used general merchandise LIC# 40319, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Arthur Frye, applicant. Also present is Scott Frye.
Mr. Frye states that he has a business in Attleboro that has been in operation for the past 13 years. He has a good rapport with the Attleboro community and has three sons that currently work in the business.
Councilor Hoyas states that he spoke with Mr. Frye and is confidant that Mr. Frye has the experience to run this type of business.
Mr. Frye explains the check-cashing portion of the business. He has a 5 Star rating with the banking industry to be able to cash checks. It is a very tightly regulated business. Check cashing is primarily used by those people who do not have a bank account to cash a check. There is a 2.5% commission on check cashing in RI.
Mr. Frye states that he will have a security officer on site, a buzz-in door, and bulletproof glass.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
Upon motion made by Councilor Hoyas, seconded by Councilor Hodge, the following license is APPROVED on a unanimous voice vote:
Petition for Second Hand Shop License (Class C – Selling Miscellaneous Merchandise) by Fastcash Pawn & Checkcashers, Incorporated, 824 Newport Avenue, Tax Assessor’s Plat 27 Lot 938, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used general merchandise LIC# 40319
Communication from Joseph & Diane Drazek, to John J. Barry, III, City Council President, requesting a zone change for Plat 20, Lots 439, 619, 624, at Central Avenue and Sabin Street, be changed from Residential Multi-Family (RM) to Manufacturing Built-Up (MB) is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE AND THE CITY PLANNING COMMISSION.
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.
UPON RECOMMENDATION THE CITY PROPERTY COMMITTEE, A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, DECEMBER 10, 2003, AT 7:00 P.M. ON THE FOLLOWING REQUEST FOR THE ABANDONMENT OF WOODBINE STREET:
Communication from Michael E. Sendley, Esq., representing Cottage Plaza Associates, LLC, to John J. Barry, III, President, Pawtucket City Council, requesting the abandonment of a portion of Woodbine Street (Proposed Stop & Shop Supermarket Development).
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, 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.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, 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 LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION ABANDONING A PORTION OF MAIN STREET AS A PUBLIC HIGHWAY AND RETAINING A PERMANENT UTILITY EASEMENT, SITUATED BETWEEN COMMERCE STREET/PARK PLACE AND PARK PLACE WEST/BAYLEY STREET.
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.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE AMENDING SECTION 116, ARTICLE III AND IV, OF THE PAWTUCKET CODE OF ORDINANCE, 1996, REGARDING DOGS AND OTHER ANIMALS. (Number of Cats; Pit Bulls, etc.)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following amendment:
Notwithstanding the prohibition of subsection (A), in the event of the death of a licensed pit pull that was registered and licensed with the City Clerk on the date of the passage of this ordinance, the owner or keeper may own another pit bull and must apply for an annual Pit Bull license; provided, that the owner or keeper has not at any time violated any provision of this ordinance.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the following amendment is APPROVED on a roll call vote, as follows:
AYES – President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES – Councilor Carr.
Notwithstanding the prohibition of subsection (A), in the event of the death of a licensed pit pull that was registered and licensed with the City Clerk on the date of the passage of this ordinance, the owner or keeper may own another pit bull and must apply for an annual Pit Bull license; provided, that the owner or keeper has not at any time violated any provision of this ordinance.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE AMENDING SECTION 116, ARTICLE III AND IV, OF THE PAWTUCKET CODE OF ORDINANCE, 1996, REGARDING DOGS AND OTHER ANIMALS. (Number of Cats; Pit Bulls, etc.) AS AMENDED.
THE FOLLOWING ORDINANCE IS LAID ON 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 ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Reclassification of Librarian I from R41 to R43)
THE FOLLOWING ORDINANCE IS LAID ON 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 ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Reclassification of Animal Control Officer from U01-15 to U01-18)
THE FOLLOWING ORDINANCE IS LAID ON 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 ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Add: Paygrade X00 to Classified Non-Union; Add: Floater/Receptionist/Switchboard Operator at X00)
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of the Sandra Feinstein-Gamm Theater for a license to conduct yearly Theatrical Performances for year ending December 31, 2004, at 172 Exchange Street (Pawtucket Armory), LIC# 0217M
PAWN BROKER (NEW) –
Fastcash Pawn & Checkcashers, Incorporated, 824 Newport Avenue, LIC L0004
SUNDAY SALES 2nd Class –
The Craft Workshop, LLC, (Transfer from Paplin Products, Inc. d/b/a the Craft Workshop) 435 Benefit Street, LIC# 20463
VICTUALLING HOUSE 1st Class –
Hikmet Gecer & Sevket Gecer d/b/a Town Pizza & Café (Transfer from R & P Enterprises, Inc. d/b/a Pizza Den), 287 Pawtucket Avenue, LIC# 00692
VICTUALLING HOUSE 1st Class (RENEWALS) –
Jaehee Enterprise, Inc. d/b/a Subway #27549, 133 Broad Street, LIC# 00681
Ridlon, Inc. d/b/a Ricotti’s Sandwich Shop, 614 Central Avenue, LIC# 00169
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
Fastcash Pawn & Checkcashers, Inc., Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Shannon Alves, by Paul F. Waldman, Esq. - No amount specified
Jason Cook, by Progressive Insurance - $780.97
Fernco Services, Inc. - $1,234.29/$1,350.00
Holy Union Sisters, by Sr. Cecile Mousseau - $52.70
Roberta King, by Travelers Insurance – No Amount Specified
Manuela M. Monteiro, by Richard A. Ciccone, Esq. - $100,000.00, plus interest and costs
Maria S. Neves - $813.00/$851.66
Salvatore P. Nicoletta - $213.30
Edmundo Ramos, by Chistopher E. Fay, Esq. – No Amount Specified
Shirley Ward - $35.69/$39.26
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITES, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS LAID ON THE TABLE, ON A UNANIMOUS VOICE VOTE:
Marie Puglia - $14,112.03/$15,109.72
Upon motion made by Councilor Bray, seconded by Wildenhain, the meeting is adjourned at 7:54 p.m., in memory of Alice Brickach, a long time constituent of the City Council, and in memory of all the displaced families who lost their homes due to the Pawtucket Mill Fire.