City Council, April 23, 2008
A regular session of the Pawtucket City Council is held Wednesday, April 23, 2008, at 7:27 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
Absent – Councilor Carr.
President Bray presides.
The reading of the records of April 9, 2008, 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 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, 2007 through March 31, 2008) |
| | |
| | B. Communication from Seth Yurdin, Councilman – Ward 1, Providence, to Mary E. Bray, President, Pawtucket City Council requesting Support of the Education Funding Formula Legislation |
| | |
| | C. Resolution from Kathleen M. Silvia, Newport City Clerk, to the Pawtucket City Council (Use of Toxic Poisons to Kill Mosquitoes) |
| | |
| | D. Communication from Donna Conway, Coordinator, Energy Facility Siting Board, to Peter V. Lacouture, Esq. Nixon Peabody LLP, (The Narragansett Electric Company d/b/a National Grid, Notice of Intent Application Reconductoring of T7 115 kV Transmission Line) |
| | |
| | E. Communication from Ronald L. Wunschel, Director of Finance, to Councilor Donald R. Grebien (Response – Budget Information 1995 to Present) |
| | |
| | F. Communication from Mayor James E. Doyle to the Honorable Council Members (Response – Pawtucket Water Supply Board Privatization) |
| | |
| | G. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Members of the City Council (Response – Joe Knight Inquiry – School Department Cap) |
| | |
| | H. Communication from Mayor James E. Doyle to the Honorable City Council (Possible Sponsorship for the New Animal Shelter) TO BE REFERRED TO THE ANIMAL CONTROL COMMITTEE and FINANCE COMMITTEE |
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by JP Collision Auto Cycle & Sales Inc., (prev. Higginson Collision & Auto Sales Inc) 616 Weeden Street, Tax Assessor’s Plat 47, Lot 591, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, which was advertised for a hearing at this time, is taken up: LIC#2656 & #2657
PREVIOUS STIPULATIONS
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.
Present is Attorney Scott Partington, 2176 Mendon Road, Cumberland representing Jose Medeiros, owner, 107 Follett St, North Smithfield.
Mr. Partington states that he is here to answer any questions on the transfer.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following license is APPROVED WITH THE FOLLOWING STIPULATION on a unanimous voice vote:
PREVIOUS STIPULATION
1. There shall be no parking on any of the sidewalks in the area, specifically on Weeden Street and Samuel Avenue.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, A MOTION TO DENY THE FOLLOWING REQUEST IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, 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 Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to William Mulholland, Superintendent, Pawtucket Parks & Recreation, requesting that he provide the Council with a list of all fees charged by the Parks & Recreation Department, including but not limited to charges for the use of all fields and facilities.
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 send a communication to John E. Carney, Director of Public Works, requesting that he contact the utility company that is responsible for the depressions in the road on South Bend Street, from Division Street to Meadows Street. The Council is requesting that the utility company repair these roads and notify the council when this work is expected to be completed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from Morris Nathanson, Morris Nathanson Design requesting a 5 year tax treaty for their adjoining building at 163 Exchange Street.
Upon motion made by Councilor Barry, seconded by Councilors Wildenhain and Hodge, the following communication is READ AND ORDERED FILED and REFERRED TO FINANCE COMMITTEE.
Communication from Morris Nathanson, Morris Nathanson Design requesting a 5 year tax treaty for their adjoining building at 163 Exchange Street.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following communication:
Communication from Sergeant Edmund St. Pierre, Community Policing Unit, Pawtucket Police requesting funds for the DARE International Training Conference in Texas.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED and REFERRED TO THE SUBSTANCE ABUSE PREVENTION/DARE FUND:
Communication from Sergeant Edmund St. Pierre, Community Policing Unit, Pawtucket Police requesting funds for the DARE International Training Conference in Texas.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES – 0
THE CHAIR RECOGNIZES COUNCILOR KINCH.
With majority consent of the Council, Councilor Kinch introduces the following communication:
Communication from Councilor Henry S. Kinch, Jr. to Ronald L. Wunschel, Director of Finance, requesting an update on city vehicles being taken home, fuel cost and any other costs associated with the vehicles.
Upon motion made by Councilor Kinch, seconded by the entire city council, the following communication is READ AND ORDERED FILED:
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, 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 Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication Stephen M. Robinson, Esq., requesting an update regarding the surplus money at the Northern Rhode Island Collaborative. To date the City Council has not received any updates.
THE FOLLOWING ORDINANCE RETURNED BY THE ORDINANCE COMMITTEE IS LAID ON THE TABLE AND REFERRED BACK TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF ARTICLE VI OF CHAPTER 108 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996 ENTITLED SNOW AND ICE REMOVAL (Requirements for Shoveling)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2866 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Library Circulation Supervisor-Arbitration)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2866 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Permit Processing Aide-Arbitration)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to check with other cities and towns to see if any noise ordinances are in effect that fine landlords as well as offenders regarding noise.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2866 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Senior Service/Case Worker)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Grebien, the following license renewal is removed from the consent agenda on a unanimous voice vote:
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only)
Nadeau, Roland & Linda d/b/a Oliver’s Auto Body, 21 Buffum St. LIC#2254 #2255
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Grebien, the following license renewal is LAID ON THE TABLE on a unanimous voice vote:
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only)
Nadeau, Roland & Linda d/b/a Oliver’s Auto Body, 21 Buffum St. LIC#2254 #2255
*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
Champion Collision and Sales Inc., d/b/a Champion Collision and Sales, 41 Congress St. LIC#2499 #2500
*Coastal Collision, Towing & Auto Sales Inc., d/b/a Coastal Auto Sales, 540 Pawtucket Ave. LIC#2409 #2410
1. No more than eight (8) vehicles in the front lot for sale at any given time.
* Jimenez, Mario d/b/a Fonseca A/S, 263 Dexter St. LIC#2415 #2416
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.
Moe's Auto Sales and Service Inc., 19 Benefit St. LIC#2120 #2121
*Regal Auto Body & Radiator Works Inc., d/b/a Regal Car Care and Collision Center, 65 East St. LIC#2475 #2476
1. No auto body work on premises.
2. Robin Drive gate entrance shall not be used after 9:00 p.m. (per zoning decision)
3. Lights shall be directed away from surrounding residences.
4. No auto parts shall be left outside in yard.
Tiki Auto Sales Inc., 772 Main St. LIC#2179 #2180
*Wheels of Freedom Inc., 121 Benefit St. LIC#2316 #2317
1. Property will be enclosed all around the building.
2. Vehicle testing on Benefit Street ONLY.
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) - Renewals
Casey & Son’s Inc., d/b/a C J's Auto Service of Pawtucket, 556 Main St. LIC#2027 #2028
Division Brakes Inc., 272 Broadway LIC#2264 #2265
Guckin, Jeff d/b/a Mobicare, 350 Cottage St. LIC#2309 #2310
Perry, Alan & Keith d/b/a A & E Auto Service, 50 Alden St. LIC#2445 #2446
*Sembel Enterprises Inc., d/b/a Goff Gas, 75 Goff Ave. LIC#2383 #2384
1. Fence or blockade to be put up on Dexter Street side of property on border with neighbor.
2. Remove phone near Dexter Street.
SECOND HAND SHOP (Used Auto Parts Only) - Renewal
Scarborough Faire Inc., 587 Pawtucket Ave. LIC#2537
AUTO REPAIR SHOP ONLY - Renewals
*Mc LLC d/b/a Jiffy Lube #824, 121 Newport Ave. LIC#2251
1. The north side of the building must be kept clean at all times.
2. There will be no yelling by employees from the pit to other employees as to disturb the neighbors. There will be a better means of communication implemented.
3. Vehicles waiting to get serviced will shut off their engines so that there will be no exhaust fumes from idling cars entering the neighbors’ windows.
4. All radios should be turned off while cars are waiting to be serviced.
5. Workers shall take their lunch breaks on the south side of the building, so not to disturb neighbors.
6. All the above directives will be posted for employees and customers in prominently displayed areas.
Ogni, Arthur d/b/a Art's Sunoco Service, 326 Central Ave. LIC#2129
Paine’s Service Station LLC d/b/a Paine's Service Station, 344 Armistice Blvd. LIC#2130
Thurber, Alvin L III d/b/a Al's Auto & Truck Repair, 68 Birch St. LIC#2177
Tiki Auto Sales Inc., d/b/a Tiki Auto Repair, 64 Hilton St. LIC#2178
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) - Renewals
Carbone, Robert M d/b/a Pawtucket Pawn Brokers, 261 Main St. LIC#2608
*Costello, Rickey L d/b/a Broadway Loan & Jewelry, 720 Broadway, LIC#2631
1. Signage must be approved by the Director of Zoning and Code Enforcement.
2. Parking must be approved by the Director of Zoning and Code Enforcement.
3. The hours of operation shall be as follows: Open no earlier than 9:00 am and close no later than 6:00 pm
Northeast Management Inc., d/b/a Blockbuster Video, 753 Mineral Spring Ave. LIC#2646
Ospina, Omar d/b/a Cold House Appliances, 21 Broad St. LIC#2572
HOLIDAY LICENSES – Renewals
A & E Convenience LLC d/b/a A & E Convenience, 191 Pawtucket Ave. LIC#4857
Bach LLC d/b/a A & S Convenience & Deli, 248 West Ave. LIC#4861
Blossoms Design Boutique, Inc., 160 Smithfield Ave. LIC#3235
Central Avenue Bakery Inc., 679 Central Ave. LIC#3253
Eid, Mohd d/b/a Columbus Mini Mart, 232 Columbus Ave. LIC#3272
Rehman, Muhammad Islam d/b/a Sam’s Food Stores, 151 Benefit St. LIC#3262
S & P Farms Inc., d/b/a Gulf Express, 694 Broadway, LIC#4859
Stop & Shop Supermarket Company, 675 Beverage Hill Ave. LIC#3245
Tavera, Juan Luis d/b/a Dominican-Supermarket, 339 Weeden St. LIC#3267
*U-Haul Company of Rhode Island Inc., d/b/a U-Haul Center of Pawtucket, 2 Lonsdale Ave. LIC#3265
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.
*U-Save Gas Inc., d/b/a Roukoz Investment, 469 Benefit St. LIC#3264
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 foods, 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.
PEDDLERS Renewal –
Larry Klemanchuck d/b/a La’z Lemonade, 104 Sterry Street, Pawtucket, RI LIC#4924
| DRIVER: | Larry Klemanchuck, 102 Sterry Street, Pawtucket, RI |
| TO PEDDLE: | Ice Cream & Lemonade |
| LOCATION: | All of Pawtucket |
VICTUALLING HOUSE First Class – New
Fermin Fuentes d/b/a Los 3 Amigos Restaurant, (Prev. Breakfast Depot Inc) 200 Mineral Spring Ave. LIC#4897
Jia Jia Buffet d/b/a Jia Jia, (Prev. Jiang, Dian Feng d/b/a Tin Tin Buffet) 223 Newport Ave. LIC#4904
Lifedream, Inc., d/b/a Star Deli, (Transfer from John N & Maria I. Pacheco d/b/a Star Deli) 318 West Ave. LIC#4905
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Gale Frade - $202.24
Jennifer & Yesaira Gonzales by Thomas R. Simone, Esq. – No Amount Specified
John Pereira - $455.68
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 7:55 p.m.