May 23, 2007 - Regular City Council Session

 

City Council, May 23, 2007

 

A regular session of the Pawtucket City Council is held Wednesday, May 23, 2007, at 7:04 p.m. in the Municipal Court Room, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

 

Present - President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, Moran and Wildenhain.

 

Absent - Councilor Grebien.

 

President Bray presides.

 

THE COUNCIL RECESSES AT 7:05 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

 

MUNICIPAL BUDGETS

 

THE COUNCIL RECONVENES AT 7:46 P.M.

 

The reading of the records of May 9, 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:

 

028

A.     Communication from Russell J. Chateauneuf, PE, Chief of Groundwater and Wetlands Protection, DEM, to Municipal Clerks, (New Wetland Rules and New Programmatic General Permit)

 

 

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 Fred Ramos, PWSB Engineering Project Manager, to the Pawtucket City Council, (Upcoming PWSB Project Streets for 2007)

 

 

061

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 April 30, 2007)

 

 

028

F.      Communication from Jeffrey M Willis, Deputy Director, Coastal Resources Management Council, to Municipal Clerks, (Changes to Freshwater Flows to Tidal Waters and Water Bodies and Coastal Ponds)

 

 

613

G.     Communication from Margaret M. Lynch-Gadaleta, Esq. to Richard J. Goldstein, City Clerk, (Peddler’s License RE: Rocco Africo/Mr. Goodys)

 

 

591

H.     Communication from Donald R. Grebien, Councilor-At-Large to the Honorable Members of the Pawtucket City Council, (Support to Continue as Council Member Serving on the Riverfront Commission)

 

 

 

I.        Communication from Antonio Chavier, 85 Vermont Avenue, Cumberland, RI to the Pawtucket City Council, requesting to sell Lot 25 in Section L of Oak Grove Cemetery back to the city, is READ AND ORDERED FILED and REFERRED TO THE CEMETERY COMMITTEE, LEGAL DEPARTMENT AND THE DIRECTOR OF PUBLIC WORKS.

 

 

623

J.       Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the City Council, (Collective Bargaining Agreement Local 1012) is READ AND ORDERED FILED

 

 

 

K.    Ratification of the Contract between RI Council 94, AFSCME, AFL-CIO Local 1012 and the City of Pawtucket, RI, July 1, 2006-June 30, 2007 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

 

 

L.      Ratification of the Contact between RI Council 94, AFSCME, AFL-CIO Local 1012 and the City of Pawtucket, RI, July 1, 2007-June 30, 2010 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

 

623

M.   Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Local 1012 Pay Plan) is READ AND ORDERED FILED

 

 

 

N.    An Ordinance Establishing a Pay Plan for the City of Pawtucket for Local 1012 -
July 1, 2006-June 30, 2007 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

 

 

O.    An Ordinance Establishing a Pay Plan for the City of Pawtucket for Local 1012 -
July 1, 2007-June 30, 2010 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

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, Moran, and Wildenhain.

 

NOES - 0.

 

330      AN ORDINANCE IN AMENDMENT OF CHAPTER 379 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED, “VEHICLE REPAIR SHOPS” (Transferability of Licenses)

 

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, Moran, and Wildenhain.

 

NOES - 0.

 

330      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

 

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 Barry, Carr, Chadwick, Hodge, Kinch, Moran, and Wildenhain.

 

NOES - 0.

 

330      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)

 

THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD APRIL 25, 2007 AND MAY 9, 2007, AND IS AGAIN TAKEN UP:

 

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 Hodge, the following license is DENIED 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 MORAN.

 

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

 

1          Communication from Major Arthur J. Martins, Police Department, to the Pawtucket City Council, (McDonald’s Request for 24 Hour Service)

 

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

 

Communication from Major Arthur J. Martins, Police Department, to the Pawtucket City Council, (McDonald’s Request for 24 Hour Service)

 

THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD MAY 9, 2007, AND ARE AGAIN TAKEN UP:

 

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.

 

Speaking in favor is 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 passes out letters regarding the applications for Golden Arch Enterprises, which are made part of the record.

 

Mr. Lawson has concerns about fairness. Other establishments are allowed to operate for 24 hours with more activity than McDonald’s.

 

He states that the dining room area will be closed at 10:00 p.m. and only the drive-thru window will be open.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

Upon motion made by Councilor Moran, seconded by Councilor Barry, the following license is DENIED 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.

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following license is DENIED 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 PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:

 

ENTERTAINMENT -

 

Petition of Colombian American Cultural Society Inc.,  for a license to conduct a Festival in Slater Mill (Parking Lot), 67 Roosevelt Avenue on Sunday, July 22, 2007 from 12:00  p.m. until 7:00 p.m., LIC#0M

 

 **Petition of Pawtucket Red Sox Baseball Club Inc., for a license to conduct an Counting Crows Concert, at McCoy Stadium, Columbus Avenue, on Friday, August 24, 2007, from 5:00 pm to 10:30 pm LIC#0538M

 

Petition of Pleasant View Business Association for license to conduct Pleasant View Family Day, at John Street Playground, on Sunday, June 10, 2007, from 12:00 pm - 4:00 pm.  LIC#0537M

           

Petition of St. Maria Goretti Church for a license to conduct a Parish Dinner/Dance at 155 Power Road, on Saturday, May 26, 2007 from 6:00 pm - 10:00 pm, LIC#186

 

**TAKEN UP FOR COMMENTS ONLY.

 

            HOLIDAY LICENSE - Renewal

 

            Fantas Market, Inc., d/ba/ Fantas Market, 618 Broadway, LIC#H0012

            Juan Luis Tavera d/b/a  Dominican-Supermarket, 339 Weeden Street, LIC#H0093

 

            INTELLIGENCE OFFICE  New -

 

            Mobile Workforce, Inc., d/b/a 267 Barton Street, LIC#k0006

 

PEDDLER New -

 

Glen Greenleaf d/b/a G’S Tees & More, 56 Columbus Avenue, LIC#100

DRIVER:

Glen Greenleaf, 56 Columbus Ave., Pawtucket, RI

TO PEDDLE:

T-Shirts

LOCATION:

All of Pawtucket

 

Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon Street, LIC#4

DRIVER:

Juan C. Jaramillo, 46 Wilson Avenue, Johnston, RI

TO PEDDLE:

Ice Cream

LOCATION:

All of Pawtucket

 

SIGN BOARD PERMIT - New

 

Anthony R Felice d/b/a Felice’s Shaws Meat Market, 435 Power Road, LIC#N0021

Anthony Monte d/b/a Monte’s Fruit Stand, 113 Power Road, LIC# N0020

 

VICTUALLING HOUSE (New) First Class -

 

Azores Seafood and Take Out, Inc., d/b/a Azores Live Seafood, (transfer from Leo & Isabel Ribeiro d/b/a Azores Live Seafood) 490 Lonsdale Avenue, LIC#00808

 

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

 

Manuel Barbosa by Robert Testa, Esq.

-

No Amount Specified

Scott Blackledge

-

$2,761.42/$3,319.56

Beverly Cusati by Thomas R. DeSimone, Esq.

-

No Amount Specified

Saturino Evora - by V. Edward Formisano, Esq.

-

$150,000.00

Catherine Mills by Travelers Insurance

-

$4,196.25

Kenny Newton by William F. Warren, Esq.

-

$100,000.00

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:05 p.m.

May 23, 2007 - Regular City Council Session
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