City Council, April 11, 2007
A regular session of the Pawtucket City Council is held Wednesday, April 11, 2007, at 7:07 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
Absent – Councilor Carr.
President Bray presides.
The reading of the records of March 21, 2007 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | Communication from Ronald L. Wunschel, Director of Finance, to the Honorable Members of the Pawtucket City Council, (Statement of Estimated, Realized and Unrealized Revenues, for the fiscal period July 1, 2006 through February 28, 2007) |
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| | Communication from Jeannine S. Bourski, Deputy Finance Director, to Ronald L. Wunschel, Director of Finance, (Uniform Overtime FY07) |
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| | Communication from Major Arthur J. Martins, Pawtucket Police Department, to City Councilor David Moran, (Shannon’s Restaurant) |
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| | Communication from Arlene D. Petit, Jamestown Town Clerk, to Rhode Island Town and City Clerks, (Resolution Relative to the Non-Renewal of Insurance for Coastal Properties) |
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| | Communication from Mary E. Morgan, Richmond Town Clerk, to Richard J. Goldstein, City Clerk, (Resolution in Support of “An Act Relating to Fish and Wildlife – Menhaden Management Area”) |
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| | Communication from Elizabeth J. Cook-Martin, Hopkinton Town Clerk, to Rhode Island City Clerks, (Resolution in Support of Group Home Educational Funding and Resolution in Support of School Housing Project Costs) |
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| | Communication from Kathleen Viera Beaudoin, Portsmouth Town Clerk, to Rhode Island City Clerks, (Resolution in Support of Group Home Educational Funding and Resolution in Support of School Housing Project Costs) |
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| | Communication from Louise R. Phaneuf, Burrillville Town Clerk, to the City Clerk, (Resolution in Support of Amendments to Criminal Records Check – Employee of Youth Serving Agency, Resolution in Support of Property Held by Police Departments and Resolution in Support of Elimination of MTBE as a Gasoline Additive) |
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| | Communication from Joseph Roque, Purchasing Agent, to the Pawtucket City Council, (Emergency Purchase Authorizations December 2006-March 2007) |
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| | Communication from Deidra A. Kettelle, East Greenwich Town Clerk, to RI City and Town Councils, (Resolution to Assure that State Dollars Designated to Support Students be Transferred with Students When Responsibility is Transferred to Group Homes in Local Communities and Resolution Entitled “School Housing Projects Costs”) |
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| | Communication from Denise Panichas, Interim Executive Director, The Samaritans, to the Councilor Donald R. Grebien. (Thank you to the Council for the appropriation of $500) |
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| | Communication from Richard E. Thatcher, Vice President, Abacus, to Councilor Donald R. Grebien. (Health Insurance Dependant Eligibility Audit) |
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| | Communication from Ronald L. Wunschel, Director of Finance, to Pawtucket City Council, (Authorization to Sell, Assign and Transfer Stock) |
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| | Resolution Authorizing the Director of Finance to Empower the Trustee, State Street Bank, to Assign, and Endorse for Transfer, Certificates Representing Stocks, Now Registered in the Name of City of Pawtucket Retirement, Namely Dynergy, Inc. IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
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| | An Ordinance In Amendment Of §347-14 of The Code of Ordinances of The City Of Pawtucket, 1996, Establishing Refuse Collection Rules IS LAID ON THE TABLE WITH THE RECOMMENDATION FOR APPROVAL BY THE ORDINANCE COMMITTEE. |
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THE CHAIR RECOGNIZES COUNCILOR KINCH.
With majority consent of the Council, the following motion made by Councilor Kinch, seconded by Councilor Barry, is PASSED on unanimous voice vote:
The Clerk is instructed to send a communication to John E. Carney, Director of Public Works, asking that once the ordinance establishing the Refuse Collection Rules is passed, they be posted on the City’s website.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Kinch, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Darcy Viner, Manager of Information Systems, requesting that any actions of the Pawtucket City Council be headlined on the City’s website to better inform the public.
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Autos Parts for said repair) by Michael J. Newman d/b/a Grand Avenue Garage, 274 Broadway, (transfer from 175 Grand Avenue) Tax Assessors Plat 22 Lot 183, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used auto parts for said repair LIC#30322 & 40349, which was advertised for a hearing at this time is taken up:
Previous Stipulations.
1. Limit of 10 cars for sale on lot.
2. Three (3) parking spaces reserved for customers.
3. Hours of operation will be Monday through Friday from 7:00 a.m. to 8:00 p.m. and Saturday from 7:00 a.m. to 5:00 p.m.
4. No auto repair after 5:00 p.m.
Speaking in favor is applicant, Michael Newman, 806 High Street, Cumberland, RI.
Mr. Newman states that he has owned the Grand Avenue shop for two years and he has sold the building. He wants to move to 274 Broadway and then sell the shop to Cesar Montes.
Mr. Newman states that he can fit four cars in the bay and will only have one mechanic working there at a time.
There is a parking lot across the street and there is side street parking. The hours of operation will be the same as before. He will not sell any cars, there will be no painting, there will be no junk cars to be used for parts and the building will be rehabilitated to meet all code requirements, if needed.
There are no other speakers. The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:
STIPULATIONS
1. Hours of operation will be Monday through Friday from 7:00 a.m. to 8:00 p.m. and Saturday from 7:00 a.m. to 5:00 p.m.
2. No auto repair after 5:00 p.m.
3. No Parking Cars on May Street and Blackstone Avenue.
4. No Parking unregistered vehicles on the property.
PRESIDENT BRAY APPOINTS COUNCILOR THOMAS E. HODGE TO ASSIST WITH THE REVIEW OF THE SIGN ORDINANCE.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2797 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Customer Service Clerk)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is removed from the consent agenda on a unanimous voice vote:
ENTERTAINMENT –
Petition of Ministerio International Bethel to conduct a Preaching & Gospel (live music) service at 17 James Street, on Friday, May 4, and Saturday, May 5, 2007 from 6:00 p.m. to 9:30 p.m. and Sunday May 6, from 5:00 p.m. to 9:00 p.m, LIC#0526M
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is DENIED on a unanimous voice vote:
ENTERTAINMENT –
Petition of Ministerio International Bethel to conduct a Preaching & Gospel (live music) service at 17 James Street, on Friday, May 4, and Saturday, May 5, 2007 from 6:00 p.m. to 9:30 p.m. and Sunday May 6, from 5:00 p.m. to 9:00 p.m, LIC#0526M
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Grebien, the following license is removed from the consent agenda on a unanimous voice vote:
*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 twelve (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 CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Grebien, the following license is LAID ON THE TABLE on a unanimous voice vote:
*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 twelve (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 FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
HOLIDAY LICENSES Renewals –
Njemeh Bah d/b/a Nenneh’s Premium Clothing Store, 418 Pawtucket Ave. LIC#H0096
Blossoms Design Boutique, Inc., 160 Smithfield Ave. LIC#H0061
Central Avenue Bakery Inc., 679 Central Ave. LIC#H0079
Ghasan Eid d/b/a Town Mart, 885 Newport Ave. LIC#H0037
Forcier’s Market Inc., d/b/a Forcier’s Market, 737 Main St. LIC#H0102
Jim & Lori Inc., d/b/a J L Super Stores, 848 Newport Ave. LIC#H0099
Northeast Management Inc., d/b/a Blockbuster Video, 753 Mineral Spring Ave. LIC#H0028
Onasco LLC d/b/a Onasco Sunoco A-Plus, 81 School St. LIC#H0068
Jack B. Pina d/b/a Ligafrica Music, 180 Mineral Spring Ave. LIC#H0038
Rabia Inc., d/b/a Pawtucket Food Mart, 755 Mineral Spring Ave. LIC#H0089
Muhammad Islam Rehman d/b/a Sam’s Food Stores, 151 Benefit St. LIC#H0088
Benvindo Rocha d/b/a High Step Fashion, 955 Main St. LIC#H0095
Stop & Shop Supermarket Company, 675 Beverage Hill Ave. LIC#H0071
Stop & Shop Supermarket Company LLC., d/b/a Super Stop & Shop, 380 Cottage St. LIC#H0069
Thrifty Store Inc., d/b/a J and L Superstores, 562 Broadway LIC#H0100
HOLIDAY LICENSE - New
Chhem & Kim Inc., d/b/a Pawtucket Fish Market, (Prev. Pawtucket Fish Market, Co., d/b/a Pawtucket Fish Market) 593 Weeden St., LIC#H0112
PEDDLERS Renewals -
Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon Street, LIC#4
| DRIVER: | Alejandro Arteaga, 237 Suffolk Ave., Pawtucket, RI |
| DRIVER: | Castor Hoyos, 16 Boutwell St., Pawtucket, RI |
| DRIVER: | Luis Ruiz, 5 Summer St., Central Falls, RI |
| TO PEDDLE: | Ice Cream |
| LOCATION: | All of Pawtucket |
VICTUALLING HOUSE – First Class
Nik’s Pizza, Inc., d/b/a Nik’s Pizza, (Prev. Teresa Pizza, Inc., d/b/a Track Side Pizzeria), 11 Benefit Street, LIC#00802
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts)
*Carla Subaru, Inc., 939 Newport Ave. LIC#30317 #40343
1. No test driving on the streets in the general area of the schools and the neighborhood.
East Coast Auto Sales & Service Inc., 286 Mineral Spring Ave. LIC#30037 #40038
FVF Enterprises Inc., d/b/a Tomasso’s Auto Sales, 729 East Ave. LIC#30045 #40043
*Prime Auto Brokers Inc., d/b/a Prime Auto Brokers, 433 Broadway LIC#30225 #40231
1. No spray painting until the exhaust system is approved by the Fire Department and meets EPA standards.
Prime Auto Brokers Inc., 347 Broadway, LIC#30190 #40186
Smithfield Motor Sales Inc., 527 Smithfield Ave. LIC#30105 #40094
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only)
Central Auto Radiator Inc., 188 Pine St LIC#30022 #40177
*Lourenco DoCouto d/b/a Larry's Auto Repair, 519 Pawtucket Ave. LIC#30208 #40205
1. No painting or auto body work.
2. No parking on Glenwood Avenue.
3. All work shall be done in building.
4. No storage of junk cars or parts outside.
Firestone Tire & Rubber Co., 270 Broadway LIC#30295 #40312
Donald E. Goulet d/b/a D & G Auto Sales, 33 Utton Ave. LIC#30052 #40046
Jeff Guckin d/b/a Mobicare, 350 Cottage St. LIC#30194 #40191
Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum St. LIC#30162 #40150
AUTO REPAIR SHOP ONLY
*Tina Baptista d/b/a M & M Auto Repair, 3 Dix St. LIC#30279
1. No auto body work.
2. No outside vehicle storage.
3. No parking along the railroad tracks either on road or on dirt sidewalk.
4. No auto parts stored outside.
5. No outside dumpsters.
6. No unregistered autos parked outside.
7. No speeding, racing, or testing of vehicles in the area.
8. Work shall be performed only between the hours of 8:00 a.m. to 7:00 p.m. Monday through Saturday.
9. All repair work shall be inside, there will be no repair of vehicles outside in the street or sidewalk.
Gary J. Verduchi d/b/a Woodlawn Sunoco, 75 Mineral Spring Ave. LIC#30220
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise)
Buy-Rite Equipment Inc., d/b/a Buy Rite Equipment, 413 Central Ave. LIC#40338
J & M Mower Inc., d/b/a J & M Mower Sales and Service, 137 Newell Ave. LIC#40227
Mother’s Little Helper LLC, 580 Newport Ave. LIC#40318
Northeast Management Inc., d/b/a Blockbuster Video, 753 Mineral Spring Ave. LIC#40337
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS ON A UNANIMOUS VOICE VOTE:
Julia A. Brayall by Lawrence L. Goldberg, Esq. – No Amount Specified
David and Doreen DeLuca - $2,724.00
Lisa B. Marroquin by V. Edward Formisano, Esq. - $350,000.00
Thomas McCarthy - $225.91/$265.26
Sophia Soucy by Jeffry S. Perlow, Esq. - $100,000.00
William Vinacco - $1,071.00/$1,101.46
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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
Durval Afonseca by Progressive Insurance - $841.94
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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
Lyndita Liburd – $1,200.00
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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
Waheed Shekoni - $1,688.65
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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
Helia Gouveia - $309.00
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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
Joyce Ingala - $907.34
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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
Dirce Veloso - $4,406.27
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:
David King - $50.00
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:
Maria Oyola as parent of Christophe Rosario by V. Edward Formisano, Esq. - $250,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Wayne Joaquim - $647.17/$1,029.00
Upon motion made by Councilor Hodge, seconded by Councilors Wildenhain, the meeting is adjourned at 7:45 p.m.