City Council, January 19, 2005
A regular session of the Pawtucket City Council is held Wednesday, January 19, 2005, at 7:00 P.M. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain
Absent – 0.
President Grebien presides.
The reading of the records of January 3, 2005 and January 5, 2005, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send copies of the communication from John E. Carney, Director of Public Works regarding 9 and 15 Wasaga Road to Mary Langellier and Mary Lincourt.
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 the Pawtucket City Council. (FY04 Audit Management Letter)
Upon motion made by Councilor Clemente, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communications:
Communication from Richard C. Davis, Executive Director of the Pawtucket Foundation to Donald R. Grebien, President of the Pawtucket City Council. (Change in Zoning Recommended by the City Planning Commission - Pawtucket/Central Falls Train Station and Site)
Communication from Paul C. Mowrey, President of the Preservation Society of Pawtucket to Donald R. Grebien, President and the Honorable City Council. (An Ordinance Proposing to Change the Zoning District from Residential Multi-family RM to Commercial General CG - Pawtucket/Central Falls Train Station and Site)
Communication from Anthony A. Botelho, Vice President, Commercial Real Estate at Citizens Bank. (Letter of Support for Pawtucket Redevelopment Agency to Acquire the Pawtucket/Central Falls Train Station and Site)
Upon motion made by Councilor Moran, seconded by Councilor Vitali, the following communications are READ AND ORDERED FILED:
COUNCILOR VITALI RECUSES HIMSELF FROM DISCUSSION AND VOTING ON THE ZONING CHANGE - PAWTUCKET/CENTRAL FALLS TRAIN STATION BASED ON HIS STATEMENT THAT THIS IS A “FAMILY INTEREST” AT 7:05 P.M. (REPORT FILED)
THE COUNCIL RECESSES AT 7:05 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, AND CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1996. CHANGE IN OFFICIAL ZONING MAP PAGE 43B (Pawtucket/Central Falls Train Station)
THE COUNCIL RECONVENES AT 9:47 P.M.
THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, AND CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1996. CHANGE IN OFFICIAL ZONING MAP PAGE 43B (Pawtucket/Central Falls Train Station)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
A motion made by Councilor Hodge, seconded by Councilor Barry, to lay the following ordinance on the table is DEFEATED on a roll call vote as follows:
AYES - Councilors Barry, Bray and Hodge.
NOES – President Grebien, Councilors Carr, Clemente, Moran, and Wildenhain.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, AND CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1996. CHANGE IN OFFICIAL ZONING MAP PAGE 43B (Pawtucket/Central Falls Train Station)
THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Carr, Clemente, Moran, and Wildenhain.
NOES – Councilors Barry, Bray and Hodge.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, AND CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, 1996. CHANGE IN OFFICIAL ZONING MAP PAGE 43B (Pawtucket/Central Falls Train Station)
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Michael D. Cassidy, Secretary of the Pawtucket City Planning Commission to the Honorable City Council. (Advisory Opinion to Zoning Ordinance Amendments - Introduced at Public Hearing)
Upon motion made by Councilor Moran, seconded by Councilor Clemente, the following communication is READ AND ORDERED FILED:
COUNCILOR VITALI RETURNS TO THE CHAMBERS AT 10:07 P.M.
Petition for Auto Repair Shop License by Diann L. Fontaine d/b/a DC Automotive (Previously Janek Ilic d/b/a J-D Auto Repair) 27 Centre Street, Tax Assessors Plat 45 Lot 424, to keep a shop for the purpose of repairing automobiles LIC#30311 which was advertised for a hearing at this time is taken up:
PREVIOUS STIPULATIONS:
1. No auto bodywork.
2. No painting.
3. No parking cars on Centre Street.
4. No more than 14 cars parked in front at any time.
5. No junk of any kind shall be stored outside.
6. All work shall be done inside the building.
There are no speakers.
The hearing is closed
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Carr, the following license is APPROVED on a unanimous voice vote with previous stipulations to remain in place:
Petition for Auto Repair Shop License by Diann L. Fontaine d/b/a DC Automotive (Previously Janek Ilic d/b/a J-D Auto Repair) 27 Centre Street, Tax Assessors Plat 45 Lot 424, to keep a shop for the purpose of repairing automobiles LIC#30311 which was advertised for a hearing at this time is taken up:
PREVIOUS STIPULATIONS:
7. No auto bodywork.
8. No painting.
9. No parking cars on Centre Street.
10. No more than 14 cars parked in front at any time.
11. No junk of any kind shall be stored outside.
12. All work shall be done inside the building.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Carr, is PASSED on a unanimous voice:
The Clerk is instructed to send a communication to Ronald F. Travers, Director of Zoning and Code Enforcement asking that DC Automotive at 27 Centre Street be inspected to make sure all stipulations are being complied with.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the City Planning Commission, FOR CONFIRMATION:
CITY PLANNING COMMISSION
David M. Chmielewski, 56 Arland Drive, Pawtucket, RI 02861. Term expires the first Monday in January, 2008. (To fill the unexpired term of William A. Nesbitt – resigned), is READ AND ORDERED FILED.
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
CITY PLANNING COMMISSION
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 Personnel Board, FOR CONFIRMATION:
PERSONNEL BOARD
Edward A. Roderick, 112 Oakdale Avenue, Pawtucket, RI 02860. Term expires the first Monday in January, 2007. (Correction: This letter is to correct the original appointment letter of 2002 which was erroneously given an expiration date of 2005), is READ AND ORDERED FILED.
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
PERSONNEL BOARD
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 Personnel Board, FOR CONFIRMATION:
PERSONNEL BOARD
John W. Sienko, 99 Abram Street, Pawtucket, RI 02860. Term expires the first Monday in January, 2010, is READ AND ORDERED FILED.
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
PERSONNEL BOARD
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment regarding the filing of applications for projects to be included in the RI Transportation Improvement Program,
Also requested is the status of the Conant Street Bridge and Cole Street Bridge projects; and, why these projects were not included on the new list. Further requested is a brief detail of the seven applications that are on the current project list.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
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 2754 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Auto Service Helper)
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 2754 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Account Clerk II)
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
PEDDLER (Renewal) –
John L. Cassino d/b/a Cassino’s Catering, 16 Atwood Avenue, North Providence, RI, LIC. #88
DRIVER: John L. Cassino, 16 Atwood Avenue, North Providence, RI
TO PEDDLE: Food Catering
LOCATION: All of Pawtucket
VICTUALLING HOUSE 1st Class –
Harinder S. Johar d/b/a Sam’s Food Stores, (Previously Francisco Nguyen d/b/a T & J Market) 151 Benefit Street, LIC #00721
Metro Mart LLC, (Previously Gul Naz Begum d/b/a Metro Mart) 469 Benefit Street, LIC#00724
PREVIOUS STIPULATIONS:
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.
SUNDAYS SALES 1st Class –
Harinder S. Johar d/b/a Sam’s Food Stores, (Previously Francisco Nguyen d/b/a T & J Market) 151 Benefit Street, LIC #20482
Metro Mart LLC, (Previously Gul Naz Begum d/b/a Metro Mart) 469 Benefit Street, LIC#20485
PREVIOUS STIPULATIONS:
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.
SUNDAYS SALES 2ND Class New -
Njemeh Bah d/b/a Nenneh’s Premium Clothing Store, 200 Division Street, LIC#20484
TATTOO PARLOR (Renewals) -
The Edge Beauty Shop III, LLC, 1518 Newport Avenue, LIC#T0001
Glenn Dummer d/b/a Bulldog Tattoo, 431 Benefit Street, LIC#T0002
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Elizabeth Abbott - $192.30/$207.00
Paul Cherniawski - $65.00
Carlos Fernandez - $1798.97/$2023.12
Estate of Jerome A. Stanley by Attorney Robert B Mann - $2,000,000.00 (Two Million)
Wendi Torres - $150.00
Michelle Villa by Allstate Insurance - $2327.44
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, the following motion made by Councilor Carr, 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 a legal opinion as to whether taking the train depot property by eminent domain would constitute a legal taking, given that a private developer has begun the process of acquiring the site for the purpose of redevelopment and would this taking comply with the letter and the spirit of the Rhode Island enabling statute. A response is requested by January 27, 2005.
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, the following motion made by Councilor Carr, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor requesting a legal opinion on whether the $45,000 Historic Tax Exemption applies to condominiums in renovated mill buildings. Also requested is a draft amendment to the Ordinance clarifying that condos in renovated mill buildings do not qualify for the $45,000 Historic Tax Exemption. A response is requested by January 27, 2005.
Upon motion made by Councilor Hodge, seconded by the entire City Council, the meeting is adjourned at 10:26 p.m. in memory of Kenneth Varone, who either worked, owned or operated American Shoe on Broad Street in Pawtucket for nearly all of his young fifty-seven years. He was the City’s unofficial greeter at the north end of the downtown section of the City. Mr. Varone was often referred to as the northern anchor of the downtown mall by his fellow merchants. His humor, smile and commitment to our great city will be missed.