City Council, December 7, 2005
A regular session of the Pawtucket City Council is held Wednesday, December 7, 2005, at 7:55 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali, and Wildenhain.
Absent – Council Barry.
President Grebien presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS FOLLOWED BY THE PUBLIC HEARINGS ON THE FOLLOWING ORDINANCES:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Soil Erosion and Sediment Control) SUBSTITUTE A
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Post Construction-Storm Water Control) SUBSTITUTE A
AN ORDINANCE IN AMENDMENT OF CHAPTER 335 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SEWERS” (Illicit Discharge Detection and Elimination) SUBSTITUTE A
AN ORDINANCE IN AMENDMENT OF CHAPTER 2703 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2003 COMPREHENSIVE PLAN.
THE COUNCIL RECONVENES AT 8:20 P.M.
The reading of the records of November 22, and December 1, 2005, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Vitali, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Frank J. Milos, Jr., Esq., Assistant City Solicitor to Janice M. LaPorte, CMC, City Clerk, (Reschedule Hearing for Fonseca Auto Sales)
Upon motion made by Councilor Clemente, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to reschedule the following Show Case Hearing for Mario Jimenez d/b/a/ Fonseca A.S., 263 Dexter St. for January 11, 2006, at 7 p.m.
SHOW CAUSE HEARING
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Selling Used Automobiles and Parts) -
*Mario Jimenez d/b/a Fonseca A/S, 263 Dexter St. 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 CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Council Vitali, to allow a fence to remain in place at 44 Paulhus Court is APPROVED on a roll call vote as follows:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk, (Two Drafts - Daggett Delights Lease) is READ AND ORDERED FILED and REFERRED TO CITY PROPERTY COMMITTEE.
Communication from John E. Carney, Director of Public Works to Pawtucket City Council, (Support for Renewal of Lease for Project Pride Inc. to Operate Concessions at Slater Memorial Park) is READ AND ORDERED FILED and REFERRED TO CITY PROPERTY COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Alan Tenreiro, Chairperson, Pawtucket School Committee to the Honorable Donald R. Grebien, President, Pawtucket City Council, (FY06 School Budget)
Upon motion made by Councilor Clemente, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Ronald L. Wunschel, Director of Finance to Thomas J. Conlon, School Department Business Manager, (School Department Budget Deficit)
Upon motion made by Councilor Clemente, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED:
Communication from Susan L. Reed, Director, Pawtucket Public Library to Donald R. Grebien, Council President and Members of the City Council, (Draft Lease with Major Electric Supply, Inc.) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE
Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Susan L. Reed, Director, Pawtucket Public Library, (Parking Lot Lease – Between Library and Major Electric) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING ORDINANCE RETURNED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Soil Erosion and Sediment Control) SUBSTITUTE A.
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following AMENDMENTS to the above ordinance:
Add the following new Section IX as follows:
Application Fees
The City of Pawtucket shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this Ordinance.
Change existing Section IX to SECTION X.
THE CHAIR RECOGNIZES COUNCILOR CARR.
Upon motion made by Councilor Carr, seconded by Councilor Wildenhain, the following amendments are PASSED on a roll call vote as follows:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Soil Erosion and Sediment Control) SUBSTITUTE A.
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
Add the following to Section IX as follows:
Application Fees
The City of Pawtucket shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this Ordinance.
Change existing Section IX to SECTION X.
Upon motion made by Councilor Carr, seconded by Councilor Wildenhain, the following ordinance is read for the first time, AS AMENDED, and passed on a roll call vote, as follows:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
Noes – 0
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Soil Erosion and Sediment Control) SUBSTITUTE A. AS AMENDED.
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Post Construction-Storm Water Control) SUBSTITUTE A
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 335 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SEWERS” (Illicit Discharge Detection and Elimination) SUBSTITUTE A
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE ANIMAL CONTROL COMMITTEE THE FOLLOWING ORDINANCE IS LAID ON THE TABLE 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” – ESTABLISHING SPAY OR NEUTER REQUIREMENTS FOR CATS IN THE CITY OF PAWTUCKET.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
AN ORDINANCE ESTABLISHING A RECRUITMENT TESTING FUND.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
THE FOLLOWING LICENSE IS DENIED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE LICENSE (First Class) NEW
Juventude Caboverdeana Soccer Club, 593 Weeden St., Unit-9, LIC#00759
THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
PEDDLER Renewal –
Norman E. Benoit Jr., d/b/a Norm Catering, 15 Surrey Drive, Johnston, RI, LIC# 16
TO PEDDLE: Food
DRIVER: Norman E. Benoit Jr., 15 Surrey Drive, Johnston, RI
LOCATION: All Streets in Pawtucket
Celestino V. Couto, 274 California Avenue, Providence, RI, LIC# 61
TO PEDDLE: Seafood
DRIVER: Celestino V. Couto, 274 California Avenue, Providence, RI
LOCATION: All Streets in Pawtucket
VICTUALLING HOUSE LICENSE - First Class NEW
Best Taste Chinese Restaurant LLC d/b/a Great Taste, (Previously Hui Y Zhang d/b/a Best Taste Chinese Restaurant) 856 Newport Ave., LIC#00762
VICTUALLING HOUSE LICENSE – First Class NEW
Pawtucket Avenue Donuts Inc., d/b/a Dunkin Donuts, 394 Pawtucket Ave., LIC#00760
VICTUALLING HOUSE LICENSES (FIRST CLASS) RENEWALS
Caprichos Antioquenos Bakery, Inc., 173 Lonsdale Ave. LIC#00249
J & C Pizza LLC d/b/a Pepperonis of Pawtucket, 392 Cottage St. LIC#00730
Patricia Ferreira d/b/a Ricotti’s Sandwich Shop, 614 Central Ave. LIC#00761
*Harvest Soup and Deli, Inc. d/b/a Harvest Soup and Deli, 877 Central Ave. LIC#00575
1. Place two small tables against the property on 877 Central Avenue.
Sing L. Kwok d/b/a New Shanghai Chinese Food, 50 Ann Mary St. LIC#00541
Newport Avenue Donut Inc., d/b/a Dunkin Donuts, 105 Cedar St. LIC#00404
Philopateer LLC d/b/a Master Pizza, 881 Central Ave. LIC#00712
Project Pride Inc., (Ice Cream Concession) d/b/a Daggett Delights, 9 Slater Park, LIC#00608
Project Pride Inc., (Fast Food) d/b/a Daggett Delights, 9 Slater Park, LIC#00610
Project Pride Inc., (Seafood) d/b/a Daggett Delights, 9 Slater Park, LIC#00609
Rabia Inc., d/b/a Pawtucket Food Mart, 755 Mineral Spring Ave. LIC#00708
R S L Inc., d/b/a Ron's Pizza Palace, 555 Armistice Blvd. LIC#00319
Raymond Saad d/b/a Ramon’s Pizza, 171 Pawtucket Ave. LIC#00657
Antoine Salameh d/b/a Phoenicia, 506 ½ Armistice Blvd. LIC#00631
The Stop & Shop Supermarket Company, 675 Beverage Hill Ave. LIC#00185 OPEN 24 HOURS
Georgios Stratis d/b/a/ House of Pizza, 206 Division St. LIC#00186
Juan Luis Tavera d/b/a Dominican-Supermarket, 339 Weeden St. LIC#00589
Thrifty Store Inc., d/b/a J and L Superstores, 562 Broadway, LIC#00340
Margaret Verkay d/b/a Extreme Donuts, 200 Main St. LIC#00626
TATTOO PARLOR (Renewal)
Regina Stabinsch d/b/a Body Vogue, 818 Newport Ave. LIC#T0003
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Pamela Driver - $1,205.04/$1,314.81
Joseph Faulder - $550.00
Sendy Gonzalez - $1543.57/$2209.06
Lucille LeBlanc - Pending Estimates
Benny Rosado - $3,665.21
Suzanne Rigley - $1,295.00
Bradford Southworth - $1,000.00
Charles Sprague - $400.00
Craig S. Wilson by Amica Insurance - $645.65
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
Judith-Ann DiGiorgio - $233.28
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
Robert Leighton - $196.33
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
Kerri McNamara - $103.14
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
Gilbert Tavares - $300.00
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
Cox Communication - $4,667.07
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 Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
Alfred Conti - $1,473.48
THE COMMITTEE ON CLAIMS AND PENDING SUITS, RETURNS THE FOLLOWING CLAIM:
Christine Francis $3,081.27/$3,223.08 – RECOMMENDED TO PAY $460.
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, the following motion made by Councilor Carr, seconded by Councilor Vitali, to amend the amount recommended by the Claims and Pending Suits Committee from $460.00 to $300.00, the amount allowed by Statute for pot hole claims, is PASSED on a roll call vote:
AYES – President Grebien, Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
Noes – 0.
Christine Francis in the amount of $300.00.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE PAWTUCKET SCHOOL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Maria Sostre as parent of Jorge Santana, by Jimmy Burchfield, Jr., Esq. - $25,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE PAWTUCKET WATER SUPPLY BOARD ON A UNANIMOUS VOICE VOTE:
Sandra Granada – Pending Estimates
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS DENIED - CLAIMANT TO CONTACT THE CONTRACTOR ON UNANIMOUS VOICE VOTE:
Deborah Pinto - $209.99/$220.86
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Ian Beauregard - $456.88/$466.72
Michele Rider - $1,600.00/$1,800.00
Mrs. William Savage - $6,250.00
Timothy Trudell - $1,561.67/$1,846.14
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE NEW ENGLAND GAS COMPANY ON A UNANIMOUS VOICE VOTE:
Robert Marshall – Pending Estimates
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:
SEWER CLAIMS – WITH A OFFER TO SETTLE IN A SUM NOT TO EXCEED $500.00:
This offer to settle shall not be construed as an admission of liability on the part of the city.
Bob Fitton - $1,541.92
Armando Henao - $6,670.00
Veronica Jaramillo - $544.19
Hemant-Ehansa Patel – Pending Estimates
Julio Pina - $3,200.00
Jose Rodriguez - $2,372.55
Charles Thibeault - $2,342.15/$2,363.70
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED ON A UNANIMOUS VOICE VOTE:
Andrew Spingarn by Travelers Insurance - $2,399.26
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Verizon - No Amount Specified
Ricardo Tavares by Michael Drywa, Jr., Esq. – No Amount Specified
RI Department of Transportation by Charles D. Wick, Esq. - $371,529.11
Jose Garcia by Robert M. Ferrieri, Esq. – No Amount Specified
Upon motion made by Councilor Moran seconded by Councilor Hodge the meeting is adjourned at 9:00 p.m.