City Council, March 7, 2007
A regular session of the Pawtucket City Council is held Wednesday, March 7, 2007, at 7:26 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
Absent – 0.
President Bray presides.
The reading of the records of February 21, 2007 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilors Grebien and Chadwick, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mary E. Bray, President, Pawtucket City Council, (Uniform Overtime FY07) |
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| | B. 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 January 31, 2007) |
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| | C. Communication from Donna L. Giordano, MMC, Westerly Town Clerk, to Rhode Island City and Town Council, (Support of Resolution Relative to the Non-Renewal of Insurance for Coastal Properties) |
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| | E. Communication from Russell J. Chateauneuf, P.E., Chief, Groundwater and Wetlands Protection, Office of Water Resources, to the Pawtucket City Council, (Proposed Public Hearing for Amendments to the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act) |
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| | F. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Statements) |
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| | G. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Construction Fund Draw Schedule Analysis) |
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| | H. Communication from Mayor James E. Doyle to the Honorable City Council Members, (286 Main Street) |
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| | I. Communication from Dora Cooney, 9 Gorizia Street, to the Honorable Members of the Pawtucket City Council (Request for an Easement for Wall and Fence Encroaching on Sidewalk) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | J. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Amend Pay Ordinance Chapter 2797 – Customer Service Clerk) |
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| | K. 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) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | L. Communication from John E. Holt, Chief Executive Officer, American Red Cross to the Pawtucket City Council, (Donation Request of $3,000 for the American Red Cross) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
Speaking on the of Resolution to Increase the Acceptable Arsenic Levels in Soil is Michael D. Cassidy, Director of Planning and Redevelopment.
Mr. Cassidy states that most of the arsenic is from acid rain. In Rhode Island, any property with more than 7 parts per million of arsenic needs remediation, while in Massachusetts the limit is 30 parts per million.
Under the current limit almost every property needs remediation. Soil that would be considered contaminated in Rhode Island could be used as clean fill in Massachusetts.
Ms. Cassidy supposes increasing the level to 15 parts per million.
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 Mayor James E. Doyle requesting a time frame for the construction of the new animal shelter. Specifically, the Council is requesting the following:
1. Can sending out the RFP for an architect for this project be expedited?
2. Now that the good weather is upon us, can we begin to stake out the boundaries for this shelter and clear the land in a timely manner?
3. What is the estimated completion date for this project?
A response is requested in time for the March 21, 2007 Council meeting.
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Autos Parts for said repair) by M & G Auto Body, Inc., (Prev. Kenneth R. Carosi d/b/a Broadway Collision Center) 519 Broadway, Tax Assessors Plat 8 Lot 186, 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#30320 & 40347 which was advertised for a hearing at this time is taken up:
Representing the applicant is Orlando A. Andreoni, Attorney
Also present is the applicant, Mario Hernandez, 3 Hendricks Street, Central Falls, RI.
Mr. Andreoni states that Mr. Hernandez has been in business for 5 years. He has a business in Central Falls.
Councilor Wildenhain states that the prior owners had parking problems on Japonica Street by using the sidewalk for parking. He also states that the nearby pizza place uses two parking spaces.
Councilor Wildenhain states that he was told that there will be no painting of cars.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilors Grebien and Hodge, the following license is approved on a unanimous voice vote:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Autos Parts for said repair) by M & G Auto Body, Inc., (Prev. Kenneth R. Carosi d/b/a Broadway Collision Center) 519 Broadway, Tax Assessors Plat 8 Lot 186, 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#30320 & 40347
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from James DeCelles, Acting Chief Engineer, PWSB, to Thomas Hodge, Pawtucket City Council, (Substantial Completion of Pawtucket Water Treatment Facility)
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Petition of Pawtucket Red Sox Baseball Club, Inc., for license to conduct Athletic Games (games or exhibitions of Baseball) in McCoy Stadium, Columbus Avenue, on the following Sundays: April 15, 29, May 13, 27, June 10, 17, July 1, 22, August 5, 19, September 2, 9, 16, 23, 30, 2007, LIC#0516M, which was advertised for a hearing at this time, is taken up:
There are no speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by the entire City Council, the following license is APPROVED on a unanimous voice vote:
Petition of Pawtucket Red Sox Baseball Club, Inc., for license to conduct Athletic Games (games or exhibitions of Baseball) in McCoy Stadium, Columbus Avenue, on the following Sundays: April 15, 29, May 13, 27, June 10, 17, July 1, 22, August 5, 19, September 2, 9, 16, 23, 30, 2007, LIC#0516M.
THE CHAIR RECOGNIZES COUNCILOR KINCH.
With majority consent of the Council, the following motion made by Councilor Kinch, seconded by Councilors Wildenhain and Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting an enforcement report on the “No Through Trucking” on Monticello Road at Newport Avenue, specifically during the hours from 7:00 a.m. to 9:00 p.m. A response is requested in time for the March 21, 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 Juvenile Hearing Board, FOR CONFIRMATION:
JUVENILE HEARING 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, Moran, and Wildenhain.
NOES - 0.
Lammis J. Vargas, 37 Cato Avenue, Pawtucket, RI 02860, term expires the first Monday in December, 2010.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
The following resolution is read PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Chadwick, Grebien, Kinch, Moran, and Wildenhain.
NOES – Councilors Barry, Carr and Hodge.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran, 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 R. Kevin Horan, Esq., Michael D. Cassidy, Director of Planning and Redevelopment and the Pawtucket Redevelopment Agency members, requesting a response to the letter dated January 16, 2007, regarding the Pawtucket Redevelopment Agency voting to authorize litigation against the Pawtucket City Council. A response is requested in time for the March 21, 2007 Council meeting.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
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 copy of the resolution entitled “An Act Relating to Fish and Wildlife – Menhaden Management Area.” to all cities and town in Rhode Island.
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, Moran, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilors Grebien and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to prepare a resolution in support of increasing the acceptable arsenic levels in soil.
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, Moran, and Wildenhain.
NOES - 0.
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD FEBRUARY 21, 2007, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
CLASS B (Victualer)
DIP Inc., d/b/a Doherty’s East Ave Irish Pub, (Transfer from Tory’s Tavern LLC d/b/a East Avenue Café) 342 East Ave. LIC#00796
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE – First Class
Leprechaun Lounge Inc., d/b/a Leprechaun Lounge, (Transfer from Candilejas Corp., d/b/a Candilejas Café & Lounge), 602 Smithfield Avenue, LIC#00798
THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
POOL TABLE Transfer -
Leprechaun Lounge Inc., d/b/a Leprechaun Lounge, (Transfer from Candilejas Corp., d/b/a Candilejas Café & Lounge), 602 Smithfield Ave. (1) Weekdays & Sundays LIC#G0070
THE FOLLOWING OFFICERS ARE ELECTED FOR A 2-YEAR TERM ON A UNANIMOUS VOICE VOTE:
WEIGHERS OF MERCHANDISE
Jeff Frigon
David Lawton
Kevin McHale
Adam Sinel
Charles R. Sinel
Samuel S. Sinel
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of the Pawtucket Armory Association to conduct a Concert at the Pawtucket Armory, 172 Exchange Street, on Sunday, March 18, 2007, from 3:00 p.m. to 5:00 p.m., LIC#0522M
Petition of Pawtucket Red Sox Baseball Club, Inc. to conduct Fireworks Display Illumination Shows in McCoy Stadium, on April 20, May 27, July 2, 4, and September 2, 2007, from 9:00 p.m. until 11:00 p.m., LIC#0517M
HOLIDAY LICENSES Renewals –
Adams Furniture Company Inc., 65 East Ave. LIC#H0070
Amerada Hess Corporation d/b/a Hess 39504, 250 Mineral Spring Ave. LIC#H0033
Isaac & Ama Amponsah d/b/a Ama's Variety & Mini Mart, 957 Main St. LIC#H0073
Apex At Home, LLC., 100 Main St. LIC#H0016
Armando & Son’s Meat Market Inc., d/b/a Armando & Son’s Meat Market, 265 Pine St. LIC#H0014
Beau Video Ltd., d/b/a Beau Video, 171 Pawtucket Ave. LIC#H0077
BK House of Cigars, Inc., 530 Broadway, Unit #4 LIC#H0030
Blackstone Donuts Incorporated d/b/a Dunkin Donuts, 421 Broadway, LIC#H0025
Richard Byers d/b/a Dick's Sport & Hobby Shop, 460 Smithfield Ave. LIC#H0045
Caprichos Antioquenos Bakery Inc., 173 Lonsdale Ave. LIC#H0080
Joao M. Cardoso d/b/a Cardoso Fish Market, 76 Slater St. LIC#H0064
Central Avenue Donuts Inc., d/b/a Dunkin Donuts, 1113 Central Ave. LIC#H0040
Colonial Mills Inc., d/b/a Rug Factory Store, 560 Mineral Spring Ave. LIC#H0039
Cumberland Farms, Inc., d/b/a Cumberland Farms #1243, 698 Broadway LIC#H0058
Cumberland Farms, Inc., d/b/a Cumberland Farms #1265, 193 Division St. LIC#H0059
Darlington Market Inc., d/b/a Darlington Market, 614 Central Ave. LIC#H0042
Dots, LLC, 693 Beverage Hill Ave. LIC#H0022
East Avenue CVS Inc., d/b/a CVS/Pharmacy #2234, 425 East Ave. LIC#H0087
Ebl Inc., d/b/a Eblens Clothing & Footwear, 295 Armistice Blvd. LIC#H0072
Mohd Eid d/b/a Columbus Mini Mart, 232 Columbus Ave. LIC#H0098
Fairlawn Oil Service, Inc., d/b/a Woodlawn Mobil, 168 Lonsdale Ave. LIC#H0109
Family Dollar Stores Inc., d/b/a Family Dollar #6933, 502 Broadway, LIC#H0001
Family Dollar Stores Inc., d/b/a Family Dollar #2095, 320 Dexter St. LIC#H0101
Antonio Gomes & Manny Xavier d/b/a Lima Doce Grocery Store, 550 Weeden St. LIC#H0076
Juan A. Gonzalez d/b/a Gonzalez Grocery, 474 Weeden St. LIC#H0007
Jose & Carmelo Main Street Market Inc., 901 Main St. LIC#H0004
Les Mes Fireplace & Patio Acc Ltd., d/b/a Les Mes Fireplace, 689 Beverage Hill Ave. LIC#H0104
Lima Doce Variety Store, Inc., d/b/a Lima Doce Grocery Store, 479 Smithfield Ave. LIC#H0103
L J C Sales, Inc., d/b/a Little Bit of Everything, 275 Newport Ave. LIC#H0084
Lorraine Fabrics Inc., 593 Mineral Spring Ave. LIC#H0008
Marques Enterprises Inc., d/b/a Lil' General Store, 600 Main St. LIC#H0015
Maxi Drug South, L.P. d/b/a Brooks Pharmacy #68, 727 East Ave. LIC#H0050
Maxi Drug South, L.P. d/b/a Brooks Pharmacy #31, 150 Mineral Spring Ave. LIC#H0048
Maxi Drug South, L.P. d/b/a Brooks Pharmacy #24, 342 Power Rd. LIC#H0049
McCoy Market Inc., d/b/a McCoy Market, 171 South Bend St. LIC#H0029
Mineral Enterprises, Inc., d/b/a Dunkin Donuts, 750 Mineral Spring Ave. LIC#H0060
Kenneth C. Munschy d/b/a Li'l General Store, 556 Central Ave. LIC#H0052
Maria M. Neves d/b/a Lesoleil, 547 Armistice Blvd. LIC#H0035
Northeast Management Inc., d/b/a Blockbuster Video, 295 Armistice Blvd. LIC#H0027
Pathik LLC d/b/a Gold Mart, 1531 Newport Ave. LIC#H0013
Pawtucket CVS Inc., d/b/a CVS Pharmacy #1042, 835 Newport Ave. LIC#H0020 Pawtucket Newport Neighborhood LLC d/b/a Stop N Save, 823 Newport Ave. LIC#H0032
Pawtucket Plaza CVS, Inc., d/b/a CVS Pharmacy #670, 601 Smithfield Ave. LIC#H0021
Precision Harley Davidson Inc., 269 Armistice Blvd. LIC#H0107
Prospect Minimarket Inc., d/b/a Prospect Mini Market, 620 Prospect St. LIC#H0011
Providence Discount Store Inc., d/b/a 99 Cents Plus, 300 Barton St. (Unit #1) LIC#H0034
Rhode Island #19 Inc., d/b/a Building #19 1/9, 625 Narragansett Park Dr. LIC#H0106
R.J.W. Inc., d/b/a Dunkin Donuts Enterprises, 337 Armistice Blvd. LIC#H0010
Saad Food Mart Inc., 1414 Newport Ave. LIC #H0006
Mohammad Sari d/b/a A & G Convenience & Deli, 248 West Ave. LIC#H0005
Shaw's Supermarkets Inc., d/b/a Super Shaw's, 50 Ann Mary St. LIC#H0067
Silver Mart Inc., d/b/a Silver Mart, 170 Cottage St. LIC#H0026
Simpson's Pharmacy Inc., 10 Newport Ave. LIC#H0041
Howell J. Smith Druggist, 749 Central Ave. LIC#H0017
Super Cuts Inc. #9976, 681 Beverage Hill Ave. LIC#H0018
*U-Haul Company of Rhode Island Inc., d/b/a U-Haul Center of Pawtucket, 2 Lonsdale Ave. LIC#H0091
1. Repair of U-Haul Vehicles only.
2. No auto body work.
3. No spray painting.
4. All repair work shall be conducted inside garage area.
5. No used auto parts or junk shall be stored outside.
6. Shall adhere to current zoning regulations for landscaping of parking lots.
7. No auto repair work on Sundays.
8. Schedule a meeting with the neighbors on Hayward Street within 6-8 weeks to review operation of business.
Union Fruit Market, Inc., 139 Broad Street, LIC#H0094
Underground Heroes Inc., d/b/a Subway, 695 Beverage Hill Ave. LIC#H0009
*U-Save Gas Inc., d/b/a Roukoz Investment, 469 Benefit St. LIC#H0090
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 food, 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.
VICTUALLING HOUSE – 1st Class New –
David Roy d/b/a Flapjack’s, (Prev. Lisa Mcassey d/b/a Mcassey’s Home Plate Café) 429 Benefit St. LIC#00799
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Helia Gouveia - $309.00
Joyce Ingala - $907.34/$1,603.33
David King - $50.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
NOES - 0.
Andrew Kinnecom - $652.07
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO NATIONAL GRID, (GAS COMPANY) ON A UNANIMOUS VOICE VOTE:
Jose Vieira - $702.50
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:
James Condon by Mark B. Morse, Esq. - $1,347.07
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:
Helen Parker by Charles J. Vucci, Esq. - $100,000.00
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 MAJORITY VOICE VOTE:
Donna Tougas - $50,000.00
Councilor Moran votes “no.”
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Durval Afonseca by Progressive Insurance - $841.94
Wayne Joaquim - $647.17/$1,029.00
Lyndita Liburd - No Amount Specified
Waheed Shekoni - $1,688.65/$2,317.52
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:30 p.m.