City Council, August 8, 2007
A regular session of the Pawtucket City Council is held Wednesday, August 8, 2007, at 7:00 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
Absent – Councilor Moran.
President Bray presides.
THE COUNCIL IMMEDIATELY RECESSES TO CONDUCT THE PUBLIC HEARINGS ON THE FOLLOWING:
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)
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) TEXT AND OFFICIAL ZONING MAPS
THE COUNCIL RECONVENES AT 7:40 P.M.
The reading of the records of July 25, 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:
| | A. Communication from Richard J. Goldstein, City Clerk, to the Honorable Members of the Pawtucket City Council (REAP Savings Report) |
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| | B. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Project Payment Requisition Form) |
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| | C. Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Captain Christopher S. Cute Appointed by the Firefighters Union as the Active Firefighter Representative on the Pension Board) |
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| | D. Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Major Paul King Appointed by the Police Union as the Active Police Representative on the Pension Board) |
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| | E. 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 June 30, 2007) Copy on file in the City Clerk’s Office. |
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| | F. Communication from Major Arthur J. Martins to Richard J. Goldstein, City Clerk (Response – Curtis School Assessment) |
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| | G. Communication from Angelo Liberti, Chief, Office of Water Resources, DEM, to City of Pawtucket (Notice of Proposed Regulations and Public Hearing) |
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| ** | H. Communication from John E. Carney, Director of Public Works, to Councilor Kinch (Response - McKinnon-Alves Soccer Complex Work Completed August 1, 2007) |
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| ** | I. Communication from John E. Carney, Director of Public Works, to Richard J. Goldstein, City Clerk, requesting $3,234.00 from the cemetery fund to remove seven (7) trees along the rear of the Mineral Spring Avenue Cemetery is READ AND ORDERED FILED and REFERRED TO THE CEMETERY COMMITTEE |
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
Petition of Golden Arch Enterprise, LLC d/b/a McDonalds Restaurant, 255 Mineral Spring Avenue, for a 24 Hour Victualling House License, to operate a Victualling House the additional hours between 2 a.m. and 6 a.m., specifically, open the “drive thru” in the morning at 5:00 am., which is scheduled for a hearing at this time, is taken up:
Speaking in favor is Edward Lawson, Esq., 260 Lonsdale Avenue, Attorney for the applicant, Golden Arch Enterprise LLC.
Mr. Lawson notes the letter from Major Arthur Martins to City Clerk Richard Goldstein regarding a suggested compromise on the 24-hour applications for McDonalds.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following license is APPROVED as follows:
The establishment may open the “drive thru” in the morning at 5:00 a.m. The “drive-thru must be closed between 2:00 a.m. and 5:00 a.m. The inside restaurant must remain closed between 2:00 a.m. and 6:00 a.m.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Burns, Traffic Engineering Supervisor, requesting that he add 11:00 a.m. to 12:00 p.m. to the time that Carter Avenue is a one-way street, because kindergarten children are getting out of school at this time. A response is requested in time for the August 22, 2007 Council meeting.
Petition of Golden Arch Enterprise, LLC d/b/a McDonalds Restaurant, 285 Armistice Boulevard, for a 24 Hour Victualling House License, to operate a Victualling House the additional hours between 2 a.m. and 6 a.m., specifically, to keep “drive thru” open until 3:00 am and to open the “drive thru” in the morning at 5:00 am., which is scheduled for a hearing at this time, is take up:
Speaking in favor is Edward Lawson, Esq., 260 Lonsdale Avenue, Attorney for the applicant Golden Arch Enterprise LLC.
In response to Councilor Kinch’s concerns, Mr. Lawson states that Mr. Provenzano, (owner of Golden Arch Enterprise, LLC) is also concerned about making sure that the area is not a hang-out.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Kinch, the following license is APPROVED as follows:
The establishment may keep the “drive thru” open until 3:00 a.m. and may open the “drive thru” in the morning at 5:00 a.m. The “drive-thru must be closed between 3:00 a.m. and 5:00 a.m. The inside restaurant must remain closed between 2:00 a.m. and 6:00 a.m.
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 Pension Board representing retired Police Officers, FOR CONFIRMATION:
PENSION BOARD
(To fill the unexpired term of Steven McElroy (Officer – Retired) 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 Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
NOES - 0.
Carl A. Benson, Jr. (Captain - Retired), term expires first Monday in January, 2009.
(To fill the unexpired term of Steven McElroy (Officer – Retired)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilors Hodge and Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald F. Travers, Director of Zoning & Code Enforcement, requesting that he provide the Council with the number of waste hauler violations that were cited over the past twelve (12) months, broken down by individual waste haulers. A response is requested in time for the August 22, 2007 Council meeting.
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 Pension Board representing retired Firefighters, FOR CONFIRMATION:
PENSION BOARD
(To fill the unexpired term of John Lennon (Lieutenant – Retired) 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 Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
NOES - 0.
Kenneth Edmond Noiseux (Captain - Retired), term expires first Monday in January, 2009.
(To fill the unexpired term of John Lennon (Lieutenant – Retired)
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
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
NOES - 0.
Monique T. Renaud, 283 Bloomfield Street, Pawtucket, RI. Term expires the first Monday in January, 2009. (To fill the unexpired term of Kathleen A. Magill).
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 Personnel Board, FOR CONFIRMATION:
PERSONNEL BOARD
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
NOES - 0.
Kathleen A. Magill, 33 Hutchinson Avenue, Pawtucket, RI. Term expires the first Monday in January, 2012. (To fill the unexpired term of Edward A. Roderick)
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Jerome F. Williams, Director of the RI Department of Transportation, requesting that a portion of the fence in disrepair on the Newport Avenue walking bridge in Pawtucket be repaired, that the graffiti be removed and that other needed maintenance be done on the overpass.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
NOES - 0.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
NOES - 0.
COUNCILOR GREBIEN LEAVES THE CHAMBERS AT 8:08 P.M.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - 0.
THE FOLLOWING ORDINANCE RETURNED BY THE ORDINANCE COMMITTEE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES – 0
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)
THE FOLLOWING ORDINANCE RETURNED BY THE ORDINANCE COMMITTEE IS LAID ON THE TABLE AND REFERRED BACK TO THE ORDINANCE COMMITTEE ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, and Kinch.
NOES – Councilor Wildenhain.
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) TEXT AND OFFICIAL ZONING MAPS
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD JULY 11, 2007 AND JULY 25, 2007 AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Petition of Community Center of Grupo Amigos Da Terceira Inc., for a license to conduct an Annual St. Vincent DePaul Feast at 55 Memorial Drive, parking lot, (live music) Friday, September 7, 2007, from 7:00 p.m. to 12:00 a.m.; Saturday, September 8, 2007, from 12:00 Noon to 11:30 p.m.; and Sunday, September 9, 2007, from 12:00 Noon to 9:30 p.m. LIC#0551M
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
HOLIDAY LICENSE – New
A & D Mini Mart Inc., 548 Smithfield Ave. LIC#H0116
SIGN PERMIT - Renewal
Apex Tire & Service Center, LLC., 33 Main St. (2) LIC#N0015
Michael Bozek d/b/a Michael’s Boulevard Meats, 627 Armistice Blvd. (1) LIC#N0005
Robert M. Carbone d/b/a Pawtucket Pawn Brokers, 261 Main St. (1) LIC#N0012
Rickey L. Costello d/b/a Broadway Loan & Jewelry, 720 Broadway, (1) LIC#N0017
Fastcash Pawn & Checkcasher Incorporated, 824 Newport Ave. (1) LIC#N0011
Anthony R. Felice d/b/a Felice’s Shaws Meat Market, 435 Power Rd. (1) LIC#N0021
Michael Lembo d/b/a Lembo Bros, 319 Power Rd. (1) LIC#N0019
Anthony Monte d/b/a Monte’s Fruit Stand, 113 Power Rd. (1) LIC#N0020
Richard L. Rinaldi d/b/a Walt’s Roast Beef, 285 Newport Ave. (1) LIC#N0003
Joseph Saggal d/b/a Broadway Pizza, 511 Broadway, (1) LIC#N0004
Scottie’s Auto Sales Inc., 262 Cental Ave. (2) LIC#N0014
***Tuxedo’s By Merian Inc., 214 Broadway (2) LIC#N0018
***Councilor Hodge abstains based on his statement that he is a partner in ownership of property.
WASTE HAULER – Renewals
Coastal Recyling Inc., 471 Allens Avenue, Providence, RI, LIC#W0003
Gladu Wrecking & Recyling Inc., 165 Poplar Street, Woonsocket, RI, LIC#W0006
Patriot Disposal Co Inc., 2208 Plainfield Pike, Johnston, RI, LIC#W0001
Pond View Recycling Inc., 1 Dexter Road, East Providence, RI, LIC#W0002
Roll-A-Way Disposal d/b/a Roll-A-Way Disposal, 86 Knight Street, Warwick, RI, LIC#W0005
Waste Management of RI d/b/a Waste Management of RI, 1610 Pontiac Avenue, Cranston, RI, LIC#W0013
Wastexpress LLC, 780 Reservoir Avenue, Unit 178, Cranston, RI, LIC#W0010
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED
PAWN BROKERS –
Robert M. Carbone d/b/a Pawtucket Pawn Brokers, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Susan Abdi by Liberty Mutual Insurance Company - $4,524.23
Maria Cordeiro - $2929.74
Jason Lenzi - $512.14/832.53
Timothy Spearen by Richard P. Brederson, Esq. – No Amount Specified
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, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - 0.
Brooke Conteras - $514.24
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, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - 0.
Porfirio Diaz - $1,030.04
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, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - 0.
Allen and Julia Johnson - $992.67
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, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - 0.
Anthony Mota - $598.26
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, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - 0.
Francis Quinn - $171.50
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, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - 0.
Denise Thurber - $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 Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - 0.
Paul and Eugene Tortolani - $403.49
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Kwaku Gyima - $2,768.77/$3,010.23
Barbara Martin by Metlife Auto & Home – No Amount Specified
Tiffany Pires – No Amount Specified
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:
Lester Curtis Mombelly - $185.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO ADAMSVILLE CONCRETE ON A UNANIMOUS VOICE VOTE:
Barbara Shaw - $675.00
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 8:20 p.m.