April 25, 2007 - Regular City Council Session

 

City Council, April 25, 2007

 

A regular session of the Pawtucket City Council is held Wednesday, April 25, 2007, at 7:21 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Bray, Councilors Barry, Carr, Grebien, Hodge, Kinch, and Moran.

 

Absent – Councilors Chadwick and Wildenhain

 

President Bray presides.

 

The reading of the records of April 11, 2007 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the *Consent Agenda is APPROVED, on a unanimous voice vote.

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

061

A.     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 March 31, 2007)

 

 

7

B.     Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Statements)

 

 

7

C.     Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Construction Fund Draw Schedule Analysis)

 

 

7

D.     Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Revolving Fund Program Project Payment Requisition Form)

 

 

028

E.      Communication from Donna L. Giordano, Westerly Town Clerk, to Rhode Island City and Town Councils, (Resolution in Support of “An Act Relating to Public Utilities – Excavation Near Underground Utility Facilities – Costs”)

 

 

028

F.      Communication from Kathleen Viera Beaudoin, Portsmouth Town Clerk, to Municipal Clerk, (Resolution in Support of the Coalition of Communities Improving Rhode Island)

 

 

028

G.     Communication from Russell Chateauneuf, Chief of Groundwater and Wetlands Protection, DEM, to City Clerk, (Insignificant Alteration Permit for Freshwater Wetlands – Esten Avenue and Warren Avenue)

 

 

1

H.     Communication from Major Arthur J. Martins, Pawtucket Police Department, to Pawtucket City Council Ordinance Committee (Formal Policy Regarding Speed Humps)

 

 

1 & 611

I.        Communication from Ronald L. Wunschel, Director of Finance, to Pawtucket Ordinance Committee, (Response - Speed Humps Policy)

 

 

1 & 614

J.       Communication from John E. Carney, Director of Public Works, to Pawtucket Ordinance Committee, (Response – Speed Humps)

 

 

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K.    Communication from James DeCelles, Acting Chief Engineer, PWSB, to Richard J. Goldstein, City Clerk, (Notification of Extension of Lease Agreement for Abbott Run Associates at 322 Sneech Pond Road, Cumberland, RI)

 

 

592

L.      Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to the Pawtucket City Council, (Amendment No. 14 to Redevelopment Plan)

 

 

 

M.   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-XXXII (See Exhibit A) is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE.

 

 

 

N.    Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Richard J. Goldstein, City Clerk, (Draft - Scavenging Ordinance) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE

 

 

 

O.    Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to City Council, (Proposed Zoning Ordinance Changes – 2007) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE

 

 

 

P.      An Ordinance in Amendment of Chapter 363 of the Code of Ordinances of the City of Pawtucket Entitled, “Taxation” is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE.

 

 

 

Q.    An Ordinance in Amendment of Chapter 379 of the Pawtucket Code of Ordinances, 1996, Entitled “Vehicle Repair Shops.” (Transferability of Licenses) is LAID ON THE TABLE WITH THE RECOMMENDATION FOR APPROVAL BY THE ORDINANCE COMMITTEE.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, Councilor Barry introduces the following resolution with the recommendation for approval of the Finance Committee:

 

         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.

 

Upon motion made by Councilor Barry, seconded by Councilor Moran, with the recommendation of approval by the Finance Committee, the following resolution is read and PASSED on a roll call vote, as follows:

 

AYES – President Bray, Councilors Barry, Carr, Grebien, Hodge, Kinch, and Moran.

 

NOES - 0.

 

588   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.

 

609   Communication from Michael Yarbrough, Supervisor, Engineering Support, National Grid to City Council, (Petition of National Grid Electric Company Covering the Setting of GRID Pole on Clyde Street) is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT, on unanimous voice vote:

 

ABSTAINS – President Bray

 

619   *Councilor Bray abstains based on her statement that she serves as a regulator on the RIPUC to which she is employed.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

AYES – President Bray, Councilors Barry, Carr, Grebien, Hodge, Kinch, and Moran.

 

NOES - 0.

 

032   RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF MARIA DEJESUS BARBOSA

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

With majority consent of the Council, the following motion made by Councilor Carr, seconded by the entire City Council, is PASSED on a unanimous voice vote.

 

The Clerk is instructed to send a communication to Peter McWalters, Commissioner for the Rhode Island Department of Elementary and Secondary Education, requesting that the Department of Education determine if the proposed moratorium on State housing aid for school construction programs would include the proposed purchase of 286 Main Street, for use as the new Pawtucket school administration building and for other school department programs. A response is requested in time for the May 9, 2007 Council meeting.

 

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – Councilors Barry, Carr, Grebien, Hodge, Kinch, and Moran.

 

NOES - 0.

 

ABSTAINS – President Bray

 

619   *Councilor Bray abstains based on her statement that she serves as a PUC Commissioner which regulates the Pawtucket Water Supply.

 

588   RESOLUTION ACQUIRING THE TITLE AND INTEREST OF THE CUMBERLAND LAND TRUST IN THE “VITO CONSERVATION EASEMENT” LOCATED ON PLAT 25, LOT 2 IN CUMBERLAND, RHODE ISLAND

 

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

 

With majority consent of the Council, Councilor Grebien introduces the following communication:

 

Communication from Richard C. Davis, Executive Director, Pawtucket Foundation, to the Honorable Mary E. Bray, President, Pawtucket City Council, (Abandonment of a portion of Broad Street  for CVS)

 

Upon motion made by Councilor Grebien, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED:

 

028   Communication from Richard C. Davis, Executive Director, Pawtucket Foundation, to the Honorable Mary E. Bray, President, Pawtucket City Council, (Abandonment of a portion of Broad Street  for CVS)

           

The following ordinance is read for the second time and PASSED on a roll call vote, as follows:

 

AYES – President Bray, Councilors Barry, Carr, Grebien, Hodge, Kinch, and Moran.

 

NOES - 0.

 

330   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 FOLLOWING ORDINANCE IS TAKEN UP:

 

         AN ORDINANCE IN AMENDMENT OF §347-14 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ESTABLISHING REFUSE COLLECTION RULES.

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

With majority consent of the Council, Councilor Hodge introduces the following amendment to the above entitled ordinance:

 

Change the following (Changes in capital letters):

 

M.  Metal items must be scheduled for pickup BY THE OWNER OF THE PROPERTY through the Sanitation Department before putting them on the curbside.

 

N.  There is no charge for stoves, washers, dryers, refrigerators, air conditioners, freezers, water coolers, mattresses, box springs or televisions.  Propane tanks must be dropped off at the Public Works Department, located at 250 Armistice Boulevard.  All of these items (except propane tanks) must be scheduled for pickup BY THE OWNER OF THE PROPERTY before putting them on the curbside.

 

O.  Furniture must be scheduled for pickup BY THE OWNER OF THE PROPERTY. There is no charge for furniture pickup.  PICK UP SHALL BE LIMITED TO FOUR (4) PIECES PER APPOINTMENT.  

 

U.  PROPERTIES MANAGED BY PRIVATE COMPANIES SHALL BE RESPONSIBLE FOR ALL BULKY WASTE PICK UP AND DISPOSAL FROM THAT PROPERTY.

 

V.  The City hereby incorporates by reference the Rules of the RI Resource Recovery Corporation and future amendments thereof.

 

SECTION 2.  BULKY WASTE PICKUPS BY THE CITY OF PAWTUCKET WILL BE FREE OF CHARGE UNLESS THEY EXCEED THE LIMITS.  THE FOLLOWING ARE THE LIMITS FOR ITEMS AND THE CHARGES FOR PICKUPS OVER THE ALLOWABLE LIMIT

 

Click here to view table of limits.

 

Upon motion made by Councilor Hodge, seconded by Councilors Kinch and Barry, the above amendment to the entitled ordinance “AN ORDINANCE IN AMENDMENT OF §347-14 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ESTABLISHING REFUSE COLLECTION RULES” is approved on a roll call vote, as follows:

 

AYES – President Bray, Councilors Barry, Carr, Grebien, Hodge, Kinch, and Moran.

 

NOES - 0.

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS.

 

AYES – President Bray, Councilors Barry, Carr, Grebien, Hodge, Kinch, and Moran.

 

NOES - 0.

 

330   AN ORDINANCE IN AMENDMENT OF §347-14 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ESTABLISHING REFUSE COLLECTION RULES, AS AMENDED.

 

THE CHAIR RECOGNIZES COUNCILOR KINCH.

 

With majority consent of the Council, Councilor Kinch introduces the following resolution:

 

RESOLUTION IN SUPPORT OF THE CONCEPT OF HAVING SCHOOL RESOURCE OFFICERS IN THE CITY’S TWO HIGH SCHOOLS.

 

Upon motion made by Councilor Kinch, seconded by Councilor Barry, the following resolution is PASSED on a roll call vote, as follows:

 

AYES – President Bray, Councilors Barry, Carr, Grebien, Hodge, Kinch, and Moran.

 

NOES - 0.

 

588   RESOLUTION IN SUPPORT OF THE CONCEPT OF HAVING SCHOOL RESOURCE OFFICERS IN THE CITY’S TWO HIGH SCHOOLS.

 

THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE (New) First Class -

 

The Blackstone At Hope, LLC d/b/a The Blackstone, 1005 Main St. LIC#00804

 

THE FOLLOWING APPLICATION WAS LAID ON THE TABLE AT THE MEETINGS HELD APRIL 11 AND APRIL 25, 2007, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) - Renewal

 

 *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 BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Grebien, the following license is removed from the consent agenda on a unanimous voice vote:

 

RETAIL JUNK LICENSE (Renewal)

 

John S. Lussier d/b/a John’s Salvage Company, 32 Wood St. LIC#50001

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Grebien, the following license is LAID ON THE TABLE on a unanimous voice vote:

 

RETAIL JUNK LICENSE (Renewal)

 

John S. Lussier d/b/a John’s Salvage Company, 32 Wood St. LIC#50001

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, Councilor Barry introduces the following license:

 

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

 

Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is APPROVED on unanimous voice vote:

 

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 HODGE.

 

With majority consent of the Council, Councilor Hodge introduces the following license:

 

Petition of Machines with Magnets to conduct an Art and Music Show at 400 Main Street, on April 28, 2007, from 6:00 p.m. to 1:00 a.m., LIC#0532M

 

Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is APPROVED on unanimous voice vote:

 

Petition of Machines with Magnets to conduct an Art and Music Show at 400 Main Street, on April 28, 2007, from 6:00 p.m. to 1:00 a.m., LIC#0532M

 

*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:

 

AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) - Renewals

 

*Higginson Collision & Auto Sales Inc.,  616 Weeden St. LIC#30310 #40334

1.      There shall be no parking on any of the sidewalks in the area, specifically on Weeden Street and Samuel Avenue.

2.   Relocate dumpster, which is on the sidewalk, which is to be screened in according to city ordinance.

Monarock Truck & Trailer Service Inc., 350 Walcott St. LIC#30079 #40109

 

AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) - Renewal

 

*Pedro C. Lopes d/b/a Pedro’s Auto Repair, 145 Benefit St. LIC#30288 #40305

1.      No painting allowed.

2.      No body work allowed.

3.      Dumpster to be enclosed.

 

AUTO REPAIR SHOP ONLY - Renewals

 

Richard L. Audette d/b/a A & S Wheel and Brake, 514 Broadway LIC#30010

*John Jeha d/b/a Jeha's Citgo, 76 Newport Ave. LIC#30057

1.      Maintain 6 ft. stockade fence.

2.      Inform City Council prior to doing any towing.

 

SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) – Renewals

 

Copper Industries, 29 Dunnell Lane Unit A LIC#40023

Luke Renchan d/b/a Luke’s Record Exchange, 393 Broadway LIC#40084

Alvin Thurber d/b/a S & A Motors & Equipment Co., 78 Bacon St. LIC#40100

 

ENTERTAINMENT -

 

Petition of American Cancer Society for a license to conduct a Fundraiser with live music in Pariseau Field, starting on Friday, June 1, 2007, at 6 p.m. and ending Saturday, June 2, 2007, at 12:00 noon. LIC#0529M

 

Petition of Machines with Magnets to conduct an Art and Music Show at 400 Main Street, on April 27, May 5, 9, 11, 18, 25, and June 14,  2007, from 6:00 p.m. to 1:00 a.m., LIC#0528M

 

Petition of Pawtucket Armory Association, for a license to conduct a Fundraiser for the JMW School at The Pawtucket Armory, 172 Exchange Street, on Saturday, April 29, 2007, from 1:00 p.m. to 5:00 p.m. LIC#0531M

 

Petition of Pawtucket Armory Association, for a license to conduct a Fundraiser for the Gamm Theatre at The Pawtucket Armory, 172 Exchange Street, on Saturday, May 5, 2007, from 7:00 p.m. to 10 p.m. LIC#0530M

 

Petition of St. Paul’s Episcopal Church for a license to conduct a Classical Music Concert at 50 Park Place on Saturday, May 12, 2007, from 8:00 p.m. to 10:00 p.m. LIC#0527M

 

HOLIDAY LICENSES Renewals –

 

Moran Foods Inc., d/b/a Save-A-Lot Food Stores, #803, 477 Mineral Spring Ave. LIC#H0092

Tim Hortons New England Inc., d/b/a Tim Hortons New England, 1242 Newport Ave. LIC#H0074

 

INTELLIGENCE OFFICE – NEW

 

Debbie’s Staffing Services Inc., 60 Delta Drive, Pawtucket, RI, LIC#K0004

 

PEDDLERS Renewals -

 

Larry Klemanchuck d/b/a La’z Lemonade, 104 Sterry Street, Pawtucket, RI  LIC#99

DRIVER:

Larry Klemanchuck, 104 Sterry Street, Pawtucket, RI

TO PEDDLE:

Ice Cream & Lemonade

LOCATION:

All of Pawtucket

 

SANDWICH BOARD SIGN PERMIT – NEW

 

Michael A. Lembo d/b/a Lembo Bros., 319 Power Road, (1) LIC#N0019

 

*THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

 

Maria Lopes - $1,358.40/$1,720.13

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Barry, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Dr. Hans Dellith, Superintendent, Pawtucket Public Schools, requesting that he contact the school bus company to request that they instruct their drivers to adhere to the speed limits of the City of Pawtucket. A response in requested in time for the May 9, 2007 Council meeting.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, the following motion made by Councilor Barry, seconded by the entire City Council, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to the Ordinance Committee requesting the committee to look into ways to protect the residents from noise and other problems during outdoor events.

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 7:50 p.m.

April 25, 2007 - Regular City Council Session
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