City Council, May 9, 2007
A regular session of the Pawtucket City Council is held Wednesday, May 9, 2007, at 7:12 p.m. in the Municipal Court Room, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Bray, Councilors Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
Absent – Councilors Barry and Wildenhain.
President Bray presides.
The reading of the records of April 25, 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:
| | A. Communication from Kenneth R. McGill, Board of Canvassers Registrar, to the Honorable Members of the Pawtucket City Council, (Voters First Advisory Commission) |
| | |
| | B. Communication from Richard Goldstein, City Clerk, to the Honorable Members of the Pawtucket City Council, (REAP Savings Report) |
| | |
| | C. Communication from Robert Rocchio, P.E., Secretary, State Traffic Commission, to Janice M. LaPorte, CMC, City Clerk, (Denied Request for Left Turn Signal at Armistice Blvd. and Newport Avenue) |
| | |
| | E. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Revolving Fund Program Project Payment Requisition Form) |
| | |
| | F. Communication from Dr. Hans W. Dellith, Superintendent of Schools, to Richard J. Goldstein, City Clerk, (Response – School Bus Speeding) |
| | |
| | G. Communication from Louise R. Phaneuf, Burrillville Town Clerk, to the Pawtucket City Council, (Resolution in Support of “An Act Relating to State Affairs and Government – State Rural Conservation”) |
| | |
| | H. An Ordinance in Amendment of Chapter 388 of the Code of Ordinances of the City of Pawtucket Entitled, “Vehicles And Traffic” (Winter Parking Restrictions – Fines) is LAID ON THE TABLE WITH THE RECOMMENDATION FOR APPROVAL BY THE ORDINANCE COMMITTEE |
| | |
| | I. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Amend Pay Ordinance Chapter 2797 – Water Cross Connection Control Technician – Backflow Prevention License) is READ AND ORDERED FILED. |
| | |
| | J. An Ordinance in Amendment of Chapter 2797 of the Ordinances of the City of Pawtucket Establishing a Pay Plan for the City of Pawtucket. (Water Cross Connection Control Technician – Backflow Prevention License) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
| | |
| | K. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Amend Pay Ordinance for Local 3960 Chapter 2815 – Delete the Position of General Office Manager; Create Position of Finance Office Assistant) is READ AND ORDERED FILED. |
| | |
| | L. An Ordinance in Amendment of Chapter 2815 of the Ordinances of the City of Pawtucket Establishing a Pay Plan for the City of Pawtucket for Local 3960 (Delete the Position of General Office Manager; Create Position of Finance Office Assistant) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
| | |
| | M. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Amend Pay Ordinance Chapter 2797 – Delete the Position of Junior Purchasing clerk; Create Position of Purchasing Aide) is READ AND ORDERED FILED. |
| | |
| | N. An Ordinance in Amendment of Chapter 2797 of the Ordinances of the City of Pawtucket Establishing a Pay Plan for the City of Pawtucket. (Purchasing Aide) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
| | |
| | O. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Assistant Fire Chief - with the stipulation of the City Council Approval for the FY08 Budget) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
| | |
| | D. Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Councilor David P. Moran, (Response - Indoor Soccer Complex) |
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Moran, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, regarding his response about an indoor soccer complex in the City. The Council is requesting that he look at the old American Insulated Wire Building on Central Avenue and the former RoJacks on Armistice Boulevard as possible locations for an indoor soccer complex. A response is requested in time for the June 6, 2007 Council meeting and a copy of his response should be forwarded to Dennis Flynn, President of the Pawtucket Youth Soccer Association.
Petition of Golden Arch Enterprise d/b/a McDonalds, 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., which is scheduled for a hearing at this time, is taken up:
Speaking in favor Edward Lawson, Esq., 260 Lonsdale Avenue, Attorney for the applicant Golden Arch Enterprise LLC, who is the owner of both the Armistice Boulevard and Mineral Spring Avenue locations.
Mr. Lawson states that he has spoken with Councilor Wildenhain regarding the Armistice Bouelvard location and Councilor Wildenhain had no objections.
Mr. Lawson also states that he spoke with the neighbors around Mineral Spring Avenue and they have no objections as well.
Councilor Chadwick questions why there is a need for a 24-hour license.
Mr. Lawson states the there is a benefit to the neighborhood to have restaurant open 24-hours that doesn’t serve alcohol. They will be serving coffee and hamburgers.
Mr. Lawson notes that the Hess Gas Station across the street is also open 24-hours.
Mr. Lawson states that Mr. Provenzano is an asset to the community. He allows the Police Department to use his establishment on Mineral Spring Avenue as a sub-station, he maintains the park across the street on Mineral Spring Avenue and keeps the place clean.
Mr. Lawson states that McDonalds Corporation wants all establishments open 24-hours.
Councilor Grebien states that he has spoken to Councilor Wildenhain and Councilor Wildenhain does have concerns and Major Martins has issues with a 24-hour license.
Councilor Kinch states that 2:00 a.m. until 6:00 a.m. is tough on weekends because of people getting out of bars. He questions whether the workers get training to deal with unruly customers.
Speaking in favor Lou Provenzano, 1334 Fall River Avenue, Seekonk, MA, owner of both Armistices Boulvard and Mineral Spring Avenue locations.
Mr. Provenzano states that he works hard to be a good neighbor. He also works with the Ronald McDonald House.
Mr. Provenzano states that about 40 percent of McDonalds are now open 24 hours in the New England area.
Mr. Provenzano states that he does not get much traffic from people coming out of bars.
Mr. Provenzano states that the stores will be locked overnight, only the service window will be open, so customers will not be getting out of their cars. They will be using the drive-thru only. If any problems with customers, Mr. Provenzano will call the police.
Councilor Hodge has concerned about people gathering in the area.
Mr. Provenzano states that he has had no problems on Armistice Boulevard late at night.
Mr. Provenzano didn’t realize he needed a special license for overnight, he would have gotten one right away for the Armistice Boulevard store.
Mr. Provenzano states that he does have security on premises at various times.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the following license is LAID ON THE TABLE on a unanimous voice vote:
Petition of Golden Arch Enterprise d/b/a McDonalds, 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.
Petition of New Horizons Management Co., d/b/a McDonald’s of Pawtucket, 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., which is scheduled for a hearing at this time, is take up:
Mr. Provensano states that he has nothing to add from what was said at the previous hearing, except he has had no problems at the Armistice Boulevard location with the neighbors, businesses or police.
There are no other speakers.
The Public Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
Upon motion made by Councilor Grebien, seconded by Councilor Moran, the following license is LAID ON THE TABLE on a unanimous voice vote:
Petition of New Horizons Management Co., d/b/a McDonald’s of Pawtucket, 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.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following communications:
Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Councilor Donald R. Grebien, (RIPTA – Restricting Buses from Driving on Side Roads)
Communication from Alfred J. Moscola, General Manager, RIPTA, to Councilor Donald R. Grebien, (Buses – Courtney Avenue and Exchange Street)
Upon motion made by Councilor Grebien, seconded by Councilor Hodge, the following communications are READ AND ORDERED FILED.
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 Al Moscola, General Manager, Rhode Island Public Transit Authority, regarding the request of November 30, 2006, for bus #79 to seek an alterative to the use of Courtney Avenue. The Council is asking for an update on the RIPTA Planning Department’s suggested alternative route, and when this alternative route will take effect. A response is requested in time for the May 23, 2007 Council meeting.
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 prepare an ordinance for consideration by the Ordinance Committee to prevent public buses from using side streets as cut-throughs.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 379 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED, “VEHICLE REPAIR SHOPS” (Transferability of Licenses)
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 John E. Carney, Director of Public Works and William Mulholland, Superintendent, Pawtucket Parks & Recreation, for an update on when the dead trees along Loring Parkway are going to be replaced. A response is requested in time for the May 23, 2007 Council meeting.
THE ANIMAL CONTROL COMMITTEE RETURNS THE FOLLOWING ORDINANCE WITH THE RECOMMENDATION FOR APPROVAL, WITH THE FOLLOWING AMENDMENT:
“AN ORDINANCE IN AMENDMENT OF CHAPTERS 116 AND 294 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” AND “PARKS AND PLAYGROUNDS” (PROHIBITING DOGS FROM PLAYGROUNDS)”
Add the following:
E. No dogs are allowed in any city-owned cemeteries within the City whether at large or under restraint, Seeing Eye dogs, so-called, excepted.
Upon motion made by Councilor Chadwick, seconded by Councilor Carr, the following amendment is APPROVED on a roll call, as follows:
AYES – President Bray, Councilors Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
Add the following:
E. No dogs are allowed in any city-owned cemeteries within the City whether at large or under restraint, Seeing Eye dogs, so-called, excepted.
“AN ORDINANCE IN AMENDMENT OF CHAPTERS 116 AND 294 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” AND “PARKS AND PLAYGROUNDS” (PROHIBITING DOGS FROM PLAYGROUNDS)”
THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTERS 116 AND 294 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” AND “PARKS AND PLAYGROUNDS” (PROHIBITING DOGS FROM PLAYGROUNDS), AS AMENDED.
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE AND A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, MAY 23, 2007, AT 7:00 P.M.:
ANNUAL OPERATING BUDGET ORDINANCE FY 2007-2008
CAPITAL BUDGET ORDINANCE FY 2007-2008
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilors Hodge and Kinch, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John E. Carney, Director of Public Works; Michael E. Burns, Traffic Engineering Supervisor and Jerome F. Williams, Director, Rhode Island Department of Transportation, regarding the road projects on County Street in Attleboro, MA and the Newport Avenue Bridge Project. The Council has concerns about these two concurrent road projects that are scheduled at the same time later this year. They are requesting that Phase II of the County Street project be postponed until after the Newport Avenue Bridge Project is completed. A response is requested in time for the May 23, 2007 Council meeting.
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A VOICE VOTE:
VICTUALLING HOUSE – 1st Class - Transfer
Alden Street Food Services LLC d/b/a Volcano Grill, (transfer from Cedar Foods, LLC d/b/a Lang’s Villa) 47 Mendon Ave. LIC#00805
Councilor Hodge Abstains.
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 25, 2007, AND IS AGAIN 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 FOLLOWING APPLICATION WAS LAID ON THE TABLE AT THE MEETINGS HELD APRIL 11, AND APRIL 25, 2007, AND IS AGAIN TAKEN UP AND APPROVED 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
License approved on a 12 month conditional basis.
There shall be a three month review of the business operation with the neighbors.
The hours of operation shall be as follows:
9:00 a.m.-5:00 p.m. for auto repair – Monday-Friday
9:00 a.m.-7:00 p.m. for auto sales-Monday-Friday
10:00 a.m.-3:00 p.m. for auto sales-Saturdays – No auto repair
No operation on Sundays or Holidays.
Owner shall provide, in writing, off-street parking arrangement with neighbor. Agreement shall be presented to the City Clerk within 30 days.
No parking on Dexter Street.
Towing allowed during business hours only 9:00 a.m.-5:00 p.m. M-F. No Saturdays.
Rear of building shall be clear of all vehicles at all times.
No parking on Dexter Court.
No painting or auto body work allowed.
Outside premises to be kept clean and free of parts and debris.
No more than twelve (12) vehicles shall be allowed to park in front of property.
The owner of business shall monitor customer parking.
No road testing on Dexter Court
No repair allowed outside.
No motorcycle repairs allowed at any time.
Keep rear doors closed at all times.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP ONLY – Renewals
Monro Muffler Brake, Inc., d/b/a Speedy Auto Service By Monro, 1427 Newport Ave., LIC#30241
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts)
Champion Collision and Sales Inc., d/b/a Champion Collision and Sales, 41 Congress St. LIC#30226 #40230
ENTERTAINMENT –
Petition of Daggett Delights Inc. for a license to conduct a Classic Car Show in Parking Lot of Daggett Farm in Slater Park, on Tuesdays, May through September, 2007, from 5:00 p.m. to 9 p.m. LIC#0533M
Petition of St. Anthony’s Church, Holy Spirit Society, 32 Lawn Avenue for a license to conduct an In & Outdoor Festival at 32 Lawn Avenue on Saturday, June 16, 2007, from 6:00 p.m. to 12:00 a.m. and Sunday, June 17, 2007, from 6:00 p.m. to 10:00 p.m. LIC. #0534M
Petition of Rhode Island Philharmonic Orchestra and Music School for a license to conduct the 1st Annual Pawtucket Youth Music Festival at the Veterans Amphitheatre on Saturday, June 2, 2007 from 1:00 p.m. to 3:00 p.m. LIC. #0535M
FORTUNE TELLER – New
Lisa Jace d/b/a Psychic Readings by Lisa, 155 Pleasant St., LIC#E0002
VICTUALLING HOUSE 1ST Class
Golden Arch Enterprise, LLC d/b/a McDonalds Restaurant (change from Golden Arch Enterprise, d/b/a McDonalds), 255 Mineral Spring Ave. LIC#00313
Golden Arch Enterprise, LLC d/b/a McDonalds Restaurant (change from New Horizons Management Co., d/b/a McDonalds’s of Pawtucket) 285 Armistice Blvd., LIC#00142
INTELLIGENCE OFFICE – NEW
Additional Personnel, Inc., d/b/a Add Temps, 17 Dexter Street, LIC#K0005
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) – Renewal
Marie Fortune d/b/a Fortune’s Store, 130 Broad St., LIC#40333
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Bruce Butler - $847.35/$1,256.37
Maria Cardoso – No Amount Specified
Alfred Mensah - $1,242.71
Ecequiela Pantoja by Scott P. Tierney, Esq. - $50,000.00
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 Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
David & Doreen DeLuca - $1124.68
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 Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
Maria Lopes - $1,358.40
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 Carr, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
William Vinacco - $300.0
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:
Lisa B. Marroquin by V. Edward Formisano, Esq. - $350,000.00
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:
Julia Brayall by Lawrence L. Goldberg, Esq. – No Amount Specified
Thomas McCarthy - $225.91/$265.26
Sophia Soucy by Jeffry S. Perlow, Esq. - $100,000.00
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 Councilor Grebien, the meeting is adjourned at 8:18 p.m.