City Council, February 22, 2006
A regular session of the Pawtucket City Council is held Wednesday, February 22, 2006, at 7:02 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Councilors Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
Absent – President Grebien, Councilor Barry.
President Pro Tempore Moran presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING ORDINANCE:
THE COUNCIL RECONVENES AT 7:55 P.M.
The reading of the records of February 8, 2006, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, 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.
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 Donald R. Grebien, President, Pawtucket City Council, (General Reserve Withdrawals)
Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
611 Communication from Ronald L. Wunschel, Director of Finance to Donald R. Grebien, President, Pawtucket City Council, (General Reserve Withdrawals)
SHOW CAUSE HEARING:
AUTO REPAIR SHOP & SECOND HAND SHOP (CLASS A & B - Selling used automobiles and parts) -
*Mario Jimenez d/b/a Fonseca A/S, 263 Dexter St. LIC#30265 #40277
Representing the city for the City Solicitor’s Office is Joseph A. Keough, Jr., Esq. 100 Armistice Blvd., Pawtucket, RI.
Councilor Clemente states that he received a call from Margaret M. Lynch-Gadaleta, Esq., City Solicitor and Edward McCormick, Attorney representing Mario Jimenez d/b/a Fonseca A/S, 263 Dexter Street, and they stated that Mr. Jimenez has agreed to a $1000 fine and a 3 day suspension, in lieu of a hearing.
Mr. Keough states that he is aware of the city’s position.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Wildenhain, the following license is SUSPENDED for three days, specifically Monday, February 27, 2006; Tuesday, February 28, 2006; Wednesday, March 1, 2006; and a $1000 fine is imposed, on a unanimous voice vote:
AUTO REPAIR SHOP & SECOND HAND SHOP (CLASS A & B - Selling used automobiles and parts) -
*Mario Jimenez d/b/a Fonseca A/S, 263 Dexter St. LIC#30265 #40277
VIOLATION OF FOLLOWING STIPULATIONS:
7. Rear of building shall be clear of all vehicles at all times.
9. No painting or auto bodywork 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.
14. No repair allowed outside.
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following communication:
Communication from Richard C. Davis, Executive Director of the Pawtucket Foundation to the Honorable Donald R. Grebien, President, Pawtucket City Council, (Support of Bike Path)
Upon motion made by Councilor Carr, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following communication:
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable Pawtucket City Council, (Status Report – Hotel Development Project)
Upon motion made by Councilor Carr, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following communication:
Communication from Patricia Brown, Silver Top Diner to the Pawtucket City Council, (Silver Top Diner Update)
Upon motion made by Councilor Carr, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.
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 Pension Board to serve as a member representing the retired Firefighters Pension.
PENSION BOARD
John Lennon, 57 Tryon Avenue, Rumford, RI 02916. Term expires First Monday in January, 2007, 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 Pro Tempore Moran, Councilors Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
PENSION 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 Pension Board to serve as a member representing the retired Police Officers Pension.
Steven McElroy. Term expires First Monday in January, 2007 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 Pro Tempore Moran, Councilors Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
PENSION BOARD
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 John E. Carney, Director of Public Works, William Mulholland, Superintendent, Pawtucket Parks and Recreation, and Christopher Crawley, Superintendent of Parks & Recreation Facilities requesting that the area around the McKinnon/Alves Soccer Complex be cleaned up and a status report on the clean up be provided for the March 8, 2006, Council meeting.
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 George L. Kelley, III, Chief of Police asking how to activate a Neighborhood Watch Program in the 3rd district.
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.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, A PUBLIC HEARING ON THE FOLLOWING REQUEST FOR THE ABANDONMENT OF A PORTION OF OLIVE STREET, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME IS TAKEN UP:
592 & 171 Communication from Michael D. Cassidy, Director of Planning and Redevelopment, and Nancy T. Whit, Executive Director, Pawtucket Citizens Development Corporation to the Honorable Members of the Pawtucket City Council, requesting the abandonment of a portion of Olive Street.
Speaking in favor is Michael D. Cassidy, Director, Planning and Redevelopment.
Mr. Cassidy states that the abutters on one side of Olive Street is the Pawtucket Redevelopment Agency. The other abutter is the Pawtucket Citizens Development Corporation (PCDC).
PCDC has acquired the lots from the PRA giving them total ownership of all the abutting property. If the request for this abandonment is approved, PCDC will be able to build affordable townhouses for homeownership. This abandonment would allow PCDC to provide a better site plan, have better site circulation and allow them to maximize their use of the site. The private lots on Olive Street would continue to have access to and frontage on Olive Street.
Mr. Cassidy states that the Planning Commission has approved this request. He further states that the property, formerly owned by D & B Auto Body, will be used for parking.
Mr. Cassidy states that easements will be needed for utilities and states that the resolution approving this abandonment contains a clause including language that the abandonment is subject to all necessary easements being in place.
Nancy Whit, Executive Director, Pawtucket Citizens Development Corporation, states she is representing half of the abutters and asks the Council to approve this request for abandonment.
Councilor Clemente states that the project will be good for that section of the city.
There are no other speakers.
The hearing is closed.
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 Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
588 RESOLUTION ABANDONING A PORTION OF OLIVE STREET IN THE CITY OF PAWTUCKET.
The following ordinance is read for the second time 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 ORDINANCE IS READ FOR THE FIRST TIME AND IS NOT PASSED A ROLL CALL VOTE AS FOLLOWS:
AYES – President Pro Tempore Moran, Councilors Bray, Hodge, and Wildenhain.
NOES – Councilor Carr, Clemente, and Vitali.
330 AN ORDINANCE IN AMENDMENT OF CHAPTERS 1810, 1845, 1853, 1899, 1933, 2007, 2037, 2114, 2262, 2496, 2511 AND 2547 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 14 TO THE REDEVELOPMENT PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM, AMENDING SAID PLAN BY ADDING THERETO PROVISIONS FOR COMMUNITY DEVELOPMENT AREAS FOR PROJECT NO. P-CDA-XXX (SEE EXHIBIT A)
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of the Pawtucket Armory Association to a conduct the Tolman High School Senior Class Fashion Show and Party, at Pawtucket Armory Drill Hall, Exchange St., on Friday, March 3, 2006, from 7:00 p.m. to 11:00 p.m. LIC#426
Petition of the Pawtucket Armory Association to conduct a Music Recital, at Pawtucket Armory Drill Hall, Exchange St., on Monday, March 13, 2006, from 6:30 p.m. to 9:00 p.m. LIC#427
Petition of the Pawtucket Armory Association to conduct a Music Recital, at Pawtucket Armory Drill Hall, Exchange St., on Wednesday, March 15, 2006, from 9:00 a.m.. to 12 noon. LIC#428
Petition of Cape Verdean American Development Community to conduct a Fund Raiser Dinner/Dance, at 120 High Street, on Saturday February 25, 2006, from 9:00 p.m. to 1:00 a.m., LIC#0425M
PEDDLER LICENSE Renewal -
Jorge Garcia d/b/a La Arepa, 167 Bershire Street, Providence, RI LIC#93
DRIVER: Jorge Garcia, 167 Bershire Street, Providence, RI
Nohemy T. Rodriguez, 167 Bershire Street, Providence, RI
TO PEDDLE: Food (Hot Sandwiches, corn bread, etc.)
LOCATION: 256 Weeden Street, Parking Lot, Pawtucket, RI
PUBLIC LAUNDRY – New
Laundromax-Pawtucket, LLC, d/b/a Laundromax, 485 Mineral Spring Ave. LIC#A0075
PINBALL & AMUSEMENT DEVICES - New
Garrity Pub & Restaurant, Inc., d/b/a Corinne’s Restaurant Lounge & Banquet, 67 Garrity St. (2) LIC#70060
POOL TABLE – New
Garrity Pub & Restaurant, Inc., d/b/a Corinne’s Restaurant Lounge & Banquet, 67 Garrity St. (2) Weekdays & Sundays LIC#G0067
Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, 17 Exchange St. (2) Weekdays & Sundays LIC#G0068
POOL TABLE – Renewals
Second Ward Independent Club, 409 Cottage St. (1) Weekdays & Sundays LIC#G0023
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Nanci Ginish by Eric Nicastro, Esq. – No Amount Specified
Richard Lynch by Martinous Law Associates – No Amount Specified
John Martinelli by Anthony Leone, Esq. – No Amount Specified
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor asking for a legal opinion on item 15(M) of the Rules of the Pawtucket City Council 2005-2006, this question is a result of a roll call vote on an ordinance for first passage, which received a 4-3 vote.
A response is requested in time for the March 8, 2006, Council meeting.
Upon motion made by Councilor Hodge, seconded by Councilor Vitali the meeting is adjourned at 8:40 p.m.