City Council, July 7, 2004
A regular session of the Pawtucket City Council is held Wednesday, July 7, 2004, at 7:03 P.M. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran and Wildenhain.
Absent – Councilor Clemente
President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS
COUNCILOR CLEMENTE ARRIVES AT 7:04 P.M.
THE COUNCIL RECONVENES AT 7:09 P.M.
The reading of the records of June 23, 2004, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Bray, seconded by Councilor Clemente, 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.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, A PUBLIC HEARING IS HELD ON THE FOLLOWING REQUEST FOR ABANDONMENT:
Communication from Manuel Dutra, to President John J. Barry, III, and the Honorable City Council (Request to abandon a portion of Whirlaway Place Right of Way)
Speaking in favor is Michael D. Cassidy, Director of Planning and Redevelopment.
Mr. Cassidy states that this request is for a small paper street section of Whirlaway Place. This land is not used by the city.
Mr. Cassidy states that abandoning this land will allow Mr. Dutra to obtain ½ of this property and the other ½ will be acquired by the State of Rhode Island.
Mr. Dutra will use this land to expand his yard and build a garage.
Councilor Hoyas states he is concerned with ½ of this property going to the State of Rhode Island and asks what the process will be for Mr. Dutra to obtain the State of Rhode Island’s portion.
Mr. Cassidy will send Mr. Dutra information on who to contact at the State of Rhode Island.
There are no other speakers.
The hearing is closed.
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.
Petition for expansion of existing Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Used Automobiles and Parts) by Mario H. Gonzalez d/b/a Liberty Auto Sales & Repair, 192 Pine Street to add 62 Church Street, Tax Assessors Plat 53 Lot 609 & 607, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts. LIC# 30309 & LIC# 40331 which was advertised for a hearing at this time, is taken up:
STIPULATIONS:
1. No work on vehicles outside of building
2. No storage of junk parts and auto related debris, except in dumpsters.
Speaking in favor is Luis Molina, 163 Ledge Street, Providence.
Mr. Molina states that he is speaking on behalf of Mario H. Gonzalez, applicant, who is on vacation.
Mr. Molina states that this business will remain the same and the stipulations will be adhered to. This is an expansion of the current business.
The next speaker is Caesar Tamayo, 202 Pine Street, Pawtucket.
Mr. Tamayo states that he is in support of this businesses expansion.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE:
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following license is APPROVED WITH THE ALL STIPULATIONS TO REMAIN IN PLACE on a unanimous voice vote:
Petition for expansion of existing Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Used Automobiles and Parts) by Mario H. Gonzalez d/b/a Liberty Auto Sales & Repair, 192 Pine Street to add 62 Church Street, Tax Assessors Plat 53 Lot 609 & 607, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts. LIC# 30309 & LIC# 40331
STIPULATIONS:
1. No work on vehicles outside of building
2. No storage of junk parts and auto related debris, except in dumpsters.
Petition for a Second Hand Shop License (Class C – Used Miscellaneous Merchandise) by Oldnewgifts, LLC, 67 Park Place, Tax Assessors Plat 53, Lot 402, to keep a shop for the purpose of selling second hand articles, specifically, internet sales of antiques, collectibles and gifts. LIC# 40332, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Beth Baruch, 1580 Wampanoag Trail, Barrington, RI
Ms. Baruch states that the office at 67 Park Place will be an office for selling items over the internet, this will not be a store.
She states that she would like to have the option to have items on site for sale as long as they are required to have a license.
There are no others speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE:
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following license is APPROVED WITH THE FOLLOWING STIPULATION on a unanimous voice vote:
Petition for a Second Hand Shop License (Class C – Used Miscellaneous Merchandise) by Oldnewgifts, LLC, 67 Park Place, Tax Assessors Plat 53, Lot 402, to keep a shop for the purpose of selling second hand articles, specifically, internet sales of antiques, collectibles and gifts. LIC# 40332.
STIPULATION:
1. No selling items outside on sidewalk.
Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Basketball Hoops on Sidewalks) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
Communication from the Honorable Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council. (Rhode Island Children’s Crusade requesting a grant of $12,000) 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 Ronald L. Wunschel, Director of Finance to the Honorable Members of the Pawtucket City Council, submitting bids received at the bid opening held at First Southwest Company on July 7, 2004, for the sale of $8,800,000 City of Pawtucket General Obligation Bond Anticipation Notes and concurring with the City’s Fiscal Agent, First Southwest Company, that the award be made to the lowest bidder, First Southwest Company, as follows:
| BIDDER | AMOUNT | NIC | PREMIUM |
| | | | |
| First Southwest Company | $8,800,000. | 1.629% | $119,944. |
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
| BIDDER | AMOUNT | NIC | PREMIUM |
| | | | |
| First Southwest Company | $8,800,000. | 1.629% | $119,944. |
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 CHAIR RECOGNIZES COUNCILOR GREBIEN:
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Hodge is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Ronald L. Wunschel, Director of Finance and the Finance Committee regarding the payment of taxes on a monthly basis.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:
THE CHAIR RECOGNIZES COUNCILOR HODGE:
With majority consent of the Council, Councilor Hodge introduces the following resolution:
RESOLUTION THANKING THE PAWTUCKET FIREWORKS COMMITTEE FOR AN AMAZING FIREWORKS DISPLAY ON JULY 3RD, 2004
Upon motion made by Councilor Hodge, seconded by the entire City Council, 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.
ELECTION OF CITY OFFICER. (To fill the unexpired term of Gerard Laliberte. Term to expire the first Council meeting in February 2006) IS TAKEN UP:
JUDGE OF MUNICIPAL / HOUSING COURT
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Upon motion made by Councilor Bray, seconded by Councilor Hoyas, the name of John F. McBurney, 5 Nancy Street, is placed in nomination to serve as the Judge of the Municipal/Housing Court.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE:
Upon motion made by Councilor Clemente, seconded by Councilor Grebien the election of Judge of Municipal/Housing Court (To fill the unexpired term of Gerard Laliberte. Term to expire the first Council meeting in February 2006) IS LAID ON THE TABLE ON A ROLL CALL VOTE AS FOLLOWS:
AYES – Councilors Carr, Clemente, Grebien, Moran and Wildenhain.
NOES - President Barry, Councilors Bray, Hodge and Hoyas
THE FOLLOWING RESOLUTION IS DENIED 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 GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Clemente, is PASSED on a roll call vote as follows:
AYES – President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
The Clerk is instructed to send a communication to Patrick J. Quinlan, Esq. requesting that he send a communication to the developer informing them that they must close on the property at Division Street within 48 hours, in accordance with the terms of the Property Disposition Agreement and the Closing Documents of May 26, 2004.
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 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 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.
Communication from Ronald L. Wunschel, Director of Finance to President John J. Barry, III and Pawtucket City Council. (Money Manager Performance/Change) is READ AND ORDERED FILED.
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
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, the following motion made by Councilor Hodge, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Pawtucket Delegation, Senate Leader, Speaker of the House, regarding investor landlords, usually from out of state, who upon assuming ownership, raise rents. The Council is suggesting some type of Rent Control Legislation.
The Clerk is also instructed to forward a copy to Mr. Joseph DaLesio.
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 ORDINANCE IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR WEDNESDAY, AUGUST 11, 2004, AT 7:00 P.M. ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) TEXT AND OFFICIAL ZONING MAPS – SUBSTITUTE A (Historic District, Parking Requirements, Minimum Square Footage in RM Zone, etc…)
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD JUNE 23, 2004, AND IS AGAIN TAKEN UP:
AUTO REPAIR SHOP -
*D & R Automotives, LLC (Previously Belanger & Son Auto Repair Inc), 21 Slade Street, LIC. #30308
Applicant submits letters of support from the neighbors for the record.
THE CHAIR RECOGNIZES COUNCILOR MORAN:
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain the following license is APPROVED FOR A PERIOD OF 90 DAYS WITH A REVIEW AT THAT TIME TO SEE IF ALL REPAIRS HAVE BEEN MADE on a unanimous voice vote:
AUTO REPAIR SHOP -
*D & R Automotives, LLC (Previously Belanger & Son Auto Repair Inc), 21 Slade Street, LIC. #30308
THE FOLLOWING PETITION FOR LICENSE IS TAKEN UP:
PEDDLER (New) –
John L. Cassino d/b/a Cassino’s Catering, 16 Atwood Avenue, North Providence, LIC# 88
TO PEDDLE: Hot & Cold Food, Drinks, & Snacks, Etc.
DRIVER: John L. Cassino, 16 Atwood Avenue, North Providence, RI
LOCATION: All Streets in Pawtucket
THE CHAIR RECOGNIZES COUNCILOR HOYAS:
Upon motion made by Councilor Hoyas, seconded by Councilor Hodge, the following petition for license is LAID ON THE TABLE until applicant resolves issues with the Chief of Police on a unanimous voice vote:
PEDDLER (New) –
John L. Cassino d/b/a Cassino’s Catering, 16 Atwood Avenue, North Providence, LIC# 88
TO PEDDLE: Hot & Cold Food, Drinks, & Snacks, Etc.
DRIVER: John L. Cassino, 16 Atwood Avenue, North Providence, RI
LOCATION: All Streets in Pawtucket
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
PEDDLER (Renewals) –
Leonard E. Rounds III d/b/a Len’s Hot Dog Haven, 71 Lincoln Avenue, Central Falls, LIC#6
DRIVER: Leonard E. Rounds, 71 Lincoln Avenue, Central Falls, RI
TO PEDDLE: Hot Dogs, Hamburgers, etc.
LOCATION: Corner of Goff & Commerce Streets, and streets surrounding McCoy Stadium
PEDDLER (New) –
Jennifer M. Stone, 1315 Newport Avenue, Pawtucket, LIC #86
DRIVER: Jennifer M. Stone, 1315 Newport Avenue, Pawtucket, RI
TO PEDDLE: Flowers, gifts, baskets, stuffed animals etc.
LOCATION: All streets in Pawtucket
PINBALL & AMUSEMENT DEVICES (Renewals) -
Lafayette Social Club Inc., 71 Benefit St. (ONE) LIC#70021
Peddlers Inn Inc., 94 Middle St. (ONE) LIC#70028
PRIVATE DETECTIVE (Renewals) -
John J. LeClair d/b/a N.P.S., 255 Main St. LIC#90153
Richard Macedo, 101 Sission St. LIC#90160
Lincoln D. Roy d/b/a LR & Associates, 45 Broad St. LIC#90173
PUBLIC LAUNDRY (Renewals) –
Anjos Enterprises Inc. d/b/a J & L Laundramat, 288 East Ave. LIC#A0003
Lawrence P. & Lynda J. Coleman d/b/a Mrs. C's, 333 Armistice Blvd. LIC#A0006
Sunshine Laundromat Inc., 192 Division St. LIC#A0040
Robert A. Tice d/b/a Star Cleaners & Coin Laundry, 614 Central Ave. LIC#A0049
SUNDAY SALES 2nd Class (New) –
Gbodiallo Nohore d/b/a Lizy’s Arts & Beauty Center, 593 Weeden St (Unit #6) LIC#20478
*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:
PRIVATE DETECTIVE –
John LeClair, Surety – Hartford Fire Insurance Company
Lincoln D. Roy, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS ON A UNANIMOUS VOICE VOTE:
Tara Elmore - $211.00
Gail Pardi - $21.96
Marie-Berthe Tanguay - $175.70
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
Julie Connor - $447.99
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
Angela Conte - $40.00
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
Cheryl Demers - $151.87
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
Sarah Johannes - $956.31
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
Dustin LaBree – $9000.00
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
Jeremy R. Marcoux $250.00
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
Carlota Santiago - $235.11
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A UNANIMOUS VOICE VOTE:
Denise and Marcelino Coelho, by Philip M. Weinstein, Esq. - $50,000.00
William J. Kilmartin - $650.00/$1250.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Blackstone Valley RIARC, by Paul J. Hennessy, Esq. - $7,972.00
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray states that on May 5, 2004, the City Council appointed a temporary Municipal/Housing Court Judge for 60 Days, which has now expired, and is requesting that this appointment be extended until the City Council appoints a permanent judge.
Upon motion made by Councilor Bray, seconded by Councilor Hoyas, Council President John J. Barry, III is asked to contact Judge Cooney to extend the temporary appointment until the end of July.
Upon motion by Councilor Bray, seconded by Councilor Hodge the meeting is adjourned at 8:25 P.M. in memory of Mr. William McGill who served as the City’s Civil Defense Director for more than 20 years.