City Council, August 10, 2005
A regular session of the Pawtucket City Council is held Wednesday, August 10, 2005, at 7:45 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
Absent – President Grebien.
President Pro Tempore Moran presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT 8:20 P.M.
THE COUNCIL RECESSES AT 8:20 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, (ZONING ORDINANCE) TEXT AND OFFICIAL ZONING MAPS (Historic District List)
THE COUNCIL RECONVENES AT 8:22 P.M.
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 Pro Tempore Moran, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, (ZONING ORDINANCE) TEXT AND OFFICIAL ZONING MAPS (Historic District List)
The reading of the records of July 20, 2005, is dispensed with and the records are APPROVED as prepared by the Clerk.
The *Consent Agenda is taken up:
THE CHAIR RECOGNIZES COUNCILOR BRAY:
Councilor Bray takes up the following:
The following license is removed from the Consent Agenda.
VICTUALLING HOUSE 1st Class –
U-Save Gas Inc., d/b/a Roukoz Investment, (transfer from Metro Mart LLC) 469 Benefit St. LIC#00749
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the following license is APPROVED with the following stipulations:
VICTUALLING HOUSE 1st Class –
U-Save Gas Inc., d/b/a Roukoz Investment, (transfer from Metro Mart LLC) 469 Benefit St. LIC#00749
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.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
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:
Communication from Ronald F. Travers, Director, Zoning and Code Enforcement to Council President Donald Grebien and Council Members, (Draft – Rules and Regulations for Waste Haulers License) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
Communication from Gary L. Juckett, 99 Rosemere Road, to the Pawtucket City Council, (Parking Problems In and Around the Fallon Memorial School), is READ AND ORDERED FILED and REFERRED TO THE PUBLIC WORKS COMMITTEE and MICHAEL BURNS, TRAFFIC ENGINEERING SUPERVISOR.
THE FOLLOWING ORDINANCE SUBMITTED BY THE ANIMAL CONTROL COMMITTEE FOR APPROVAL IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS.” (Feeding of stray animals and wildlife)
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Bray the following ordinance is LAID ON THE TABLE and REFERRED BACK TO THE ANIMAL CONTROL COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS.” (Feeding of stray animals and wildlife)
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Janice M. LaPorte, CMC, City Clerk, (Middle Street/Silver Top Diner), is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.
COUNCILOR WILDENHAIN LEAVES THE CHAMBERS AT 8:30 P.M.
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable Members of the Pawtucket City Council, (Amendment to the Comprehensive Plan regarding Ron L. Wierks reguest for Zoning Change) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
COUNCILOR WILDENHAIN RETURNS TO THE CHAMBERS AT 8:31 P.M.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Pro Tempore Moran, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali 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 Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor requesting that she review the recently passed Personal Service License ordinance to see if this ordinance is fair and inclusive to all businesses involved.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Riverfront Commission, for confirmation:
RIVERFRONT COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
RIVERFRONT COMMISSION
Janice McHale, 20 Maryland Avenue, Pawtucket, RI 02860. Term expires the first Monday in June 2008
COUNCILOR CLEMENTE LEAVES THE CHAMBERS AT 8:40 P.M.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Riverfront Commission, for confirmation:
RIVERFRONT COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Barry, Bray, Carr, Hodge, Vitali and Wildenhain.
NOES - 0.
RIVERFRONT COMMISSION
Morris Nathanson, 163 Exchange Street, Pawtucket, RI 02860. Term expires the first Monday in June 2008.
COUNCILOR HODGE LEAVES THE CHAMBERS AT 8:42 P.M.
THE COUNCIL REAPPOINTMENT TO THE RIVERFRONT COMMISSION, IS APPROVED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
RIVERFRONT COMMISSION
Lewis Soares, 18 Chestnut Street, Pawtucket, Rhode Island 02860. Term expires the first Monday in June, 2008.
COUNCILOR HODGE AND CLEMENTE RETURN TO THE CHAMBERS AT 8:43 P.M.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael E. Burns, Traffic Engineering Supervisor, and Timothy McLaughlin, Fire Chief, requesting that they address safety hazard concerns regarding the small one-way section of Burgess Avenue between Columbus Avenue and Martin Street. A response is requested in time for the August 24th Council meeting.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Parks Commission, for confirmation:
PARKS COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
PARKS COMMISSION
Clifford F. McClelland, III, 19 Greenfield Street, Pawtucket, RI 02861. Term expires the first Monday in August 2008.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Parks Commission, for confirmation:
PARKS COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
PARKS COMMISSION
Robert Gosselin, 242 Woodhaven Road, Pawtucket, RI 02861. Term expires the first Monday in August 2008.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Parks Commission, for confirmation:
PARKS COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
PARKS COMMISSION
Janice McHale, 20 Maryland Avenue, Pawtucket, RI 02860. Term expires the first Monday in August 2008.
COUNCILOR BARRY LEAVES THE CHAMBERS AT 8:45 P.M.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Pawtucket Redevelopment Agency, for confirmation:
PAWTUCKET REDEVELOPMENT AGENCY
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
PAWTUCKET REDEVELOPMENT AGENCY
Michael Pappas, 300 Parkview Drive #19, Pawtucket, Rhode Island 02861. Term expires September 12, 2010
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Pro Tempore Moran, Councilors Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
COUNCILOR BARRY RETURNS TO THE CHAMBERS AT 8:47 P.M.
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
THE FOLLOWING ORDINANCE SUBMITTED BY THE LICENSE COMMITTEE FOR APPROVAL IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ALCOHOLIC BEVERAGES” (Class B-Restrictions)
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Wildenhain the following ordinance is LAID ON THE TABLE and REFERRED BACK TO THE LICENSE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ALCOHOLIC BEVERAGES” (Class B-Restrictions)
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police requesting that the Police Department inspect all Class BV establishments to see if the requirements of a kitchen are being met.
THE FOLLOWING ORDINANCE SUBMITTED BY THE LICENSE COMMITTEE FOR APPROVAL IS TAKEN UP:
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 CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Clemente the following ordinance is LAID ON THE TABLE on a unanimous voice vote:
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 ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE AMENDING SECTION 388-64 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED MEMORIAL HOSPITAL “HOSPITAL ZONE” PARKING (Rhode Island Avenue)
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Barry, 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 inspect Coats Manor regarding a number of issues, specifically garbage issues. A response is requested in time for the August 24th Council meeting.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Barry, the request of Bethel International Ministry to extend religious services is APPROVED from 4:00 p.m. to 9:00 p.m. ONLY, on a unanimous voice vote.
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1st Class –
Chazarie Inc., d/b/a Broadway Pub, (transfer from Jimmy’s Bar & Grill Inc.) 605 Broadway, LIC#00747
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT -
Petition of Iglesia Cristo Soberano A.C.Y.M. to conduct a Religious Celebration Service at 530 Broadway (parking lot), on Saturday August 20, 2005, from 4:00 p.m. to 9:00 p.m. LIC#0408M
Petition of St. Anthony’s Church Holy Spirit Society for a license to conduct Indoor & Outdoor Festival-Feast and Animal Auction at 25 Forest Avenue, on Friday September 2, 2005, at 8:00 p.m. to 12:00 a.m.; Saturday September 3, 2005, at 6:00 p.m. to 12 a.m.(Animal Auction); and Sunday, September 4, 2005, from 6:00 p.m. to 10:00 p.m. LIC#0407M
Petition of Pawtucket Convergence Committee for a license to conduct an Arts Festival in Various Locations (See Attached) on Friday, September 9 through Sunday, September 25, 2005. LIC#0406M
Petition of Latin Sports Inc., d/b/a Discoteca 2000 for a license to conduct an Fundraiser, at 327 Barton Street, on Saturday, August 27, 2005, Saturday September 3, 2005, and Sunday September 4, 2005, from 9:30 p.m. to 2:00 am LIC#0405M
Petition of St. Paul’s Episcopal Church for a license to conduct a Classical Music Concert at 50 Park Place on Saturday, October 29, 2005, from 7:00 p.m. to 10:00 p.m. LIC#0404M
FLEA MARKET – (Renewal)
Jean B. Vitali d/b/a A & B Corporation, 309 Broad St. LIC#J0001
POOL TABLE -
Chazarie Inc., d/b/a Broadway Pub, (transfer from Jimmy’s Bar & Grill Inc.) 605 Broadway, (1) Weekdays & Sundays, LIC#G0066
PUBLIC LAUNDRY - (Renewal)
Chaudhary, LLC d/b/a Swan Cleaners, 371 Benefit St. LIC#A0066
Lawrence P. & Lynda J. Coleman d/b/a Mrs. C's, 333 Armistice Blvd. LIC#A0006
PUBLIC LAUNDRY –
Cosann Laundry, Inc., Freeway Laundry II, (Previously Helene A. Bergeron d/b/a Helene’s Laundramat) 280 Dexter St. LIC#A0074
SIGN BOARD PERMIT – (Renewal)
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
Scottie’s Auto Sales Inc., 262 Central Ave. (2) LIC#N0014
VICTUALLING HOUSE 1st Class – New
Katia R. Lugo d/b/a Pekis Multi Mart, 736 Broadway, LIC#00748
*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED
PAWN BROKERS –
Robert M. Carbone d/b/a Pawtucket Pawn Brokers, Surety – Western Surety Company
PRIVATE DETECTIVE –
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:
Jose Ariza - $90.00
Linda Morrison Brady - $20.33
Michelle Villa by Attorney Winograd, Shine & Zacks - $3118.31
Michael Wyatt - $2465.30/$2580.41
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
SEWER DAMAGE CLAIMS
Kimberly Abbott - $9140.00
Mary-Beth Bairos - $800.00
Dolores Baker - $993.44/$1643.00
Wallace Bey by Attorney Michael R. McElroy - $25,452.00
Mary & Maureen Cordoni - $518.99
Gerald DeGasparre – No Amount Specified
Sidik Kassam - $1077.72/$1363.03
Mark R. Kindberg – No Amount Specified
Uinseann MacComascaigh – No Amount Specified
John & Laureen Macomber - $980.58
Andrea Massey - $1980.00
Anne & Michael Mooney - $2200.00
Christine O’Day – $727.76
Clarence Snead – No Amount Specified
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
MISCELLANEOUS CLAIMS
Bernadette Barney by Jeffry Perlow, Esq. - $100,000.00
Laura Beauchamp by Richard P. Brederson, Esq. – No Amount Specified
Christopher Dunn - $1171.69
Gary Hebner by Allstate Insurance - $1473.82
Ann Jarjoura by Attorney Robert Ameen – No Amount Specified
John Masse - $287.10
Francheska Santiago - $816.64/$878.30
Smithfield Avenue Congregational Church - $9632.31
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Matthew J. Meehan – No Amount Specified
Michelle Villa by Allstate Insurance - $850.31
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:
Susan Monk - $1275.00
David Maurice (M&M Realty) - $2130.00/$2295.00 –
Claimant to contact Vehicle 2’s insurance company
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali,
seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Telmo DaSilva, Vice President of Key Container, requesting the progress concerning the number of issues that were brought up at the recent neighborhood meeting. A response is requested in time for the August 24th Council meeting.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment and John E. Carney, Director of Public Works requesting the status on the new sidewalk which is to be installed on McAloon Street in the vicinity of the soccer complex. A response is requested in time for the August 24th Council meeting.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge the meeting is adjourned at 9:25 p.m. in memory of Peter Jennings, a longtime colleague of the media.