City Council, June 11, 2008
A regular session of the Pawtucket City Council is held Wednesday, June 11, 2008, at 7:11 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 COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
AMENDMENTS TO ANNUAL OPERATING BUDGET FY2008-2009
THE COUNCIL RECONVENES AT 7:11 P.M.
THE COUNCIL RECESSES AT 7:12 P.M. CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
RESOLUTION AUTHORIZING TAX STABILIZATION FOR PROPERTY OWNED BY MORRIS NATHANSON DESIGN, 163 EXCHANGE STREET, PAWTUCKET, RHODE ISLAND FOR A PERIOD OF FIVE YEARS.
THE COUNCIL RECONVENES AT 7:18 P.M.
The reading of the records of May 21, 2008 and June 4, 2008 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 Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Ernest Almonte, CPA, Auditor General (School Department Budget – Deficit Plan - May 22, 2008) |
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| | B. Communication from Ernest A. Almonte, CPA, CFE, Auditor General, to Margaret M. Lynch-Gadaleta, Esq., City Solicitor (Response – School Department Deficit Plan) |
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| | C. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Richard J. Goldstein, City Clerk (Response –School Deficit Plan – Local Laws) |
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| | D. Communication from Dr. Hans W. Dellith, Superintendent of Schools, to the Honorable Mayor James E. Doyle (Response - School Department Budget) |
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| | E. Communication from George L. Kelley, III, Chief of Police, to Richard J. Goldstein, City Clerk (Response – No Through Trucking on Power Road) |
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| | F. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | G. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mary E. Bray, President, Pawtucket City Council (Uniform Overtime FY’08) |
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| | H. Resolutions from Bethany Furtado, Warwick School Committee Clerk, to Mary E. Bray, President, Pawtucket City Council (Resolution to the General Assembly in Support of House Bill 7776 Relating to Labor and Labor Relations – Health and Welfare Funds – Pension Plans and Resolution to the General Assembly in Support of House Bill 7108 Relating to Labor Relations – Collective Bargaining) |
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| | I. Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Confirmation of the Reappointment of Lewis Soares to the Riverfront Commission) |
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| | J. Communication from Ron Gillooly, National Grid, to Richard J. Goldstein, City Clerk (T7 Transmission Line Project Update) |
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| | K. Communication from Michelle R. Hardy, CMC, Deputy City Clerk, to Councilor Donald R. Grebien (Public Input Survey) |
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| | L. Communication from Richard C. Davis, Executive Director, Pawtucket Foundation to the Honorable James E. Doyle (Requesting the City of Pawtucket and the Pawtucket Redevelopment Agency to hold SMPO/Warwick RICS, LLC to the Terms of the 2007 Settlement Agreement Before Enabling Tax or Zoning Concessions) |
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| | M. Communication from David L. Quinn, II, Tax Assessor, to the Honorable City Council, (Tax Abatements – October, November and December, 2007) |
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| | N. Resolution Authorizing the Abatement of Taxes on Motor Vehicles, Real Estate and Tangible Personal Property for October, November and December, 2007, in the Sum of $84,769.94 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE. |
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| | O. Communication from David L. Quinn, II, Tax Assessor, to the Honorable City Council, (Tax Abatements – January, February and March, 2008) |
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| | P. Resolution Authorizing the Abatement of Taxes on Motor Vehicles, Real Estate and Tangible Personal Property for January, February and March, 2008, in the Sum of $300,723.99 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE. |
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| | Q. Communication from Ronald L. Wunschel, Director of Finance, to Mary E. Bray, President, Pawtucket City Council (Police and Fire Pension Fund and Hedge Fund Investment) |
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| | R. Resolution Approving the Opening of a Hedge Fund with Robeco- Sage Triton Fund LLC of New York, New York in the Amount of $2 Million is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
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| | S. An Ordinance Regarding the Authority to Execute Indemnity Agreements for Certain City Contracts is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE |
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| | T. Communication from James DeCelles, Chief Engineer, PWSB, to Richard J. Goldstein, City Clerk requesting Easement for Plat 42 Lot 240 Sneech Pond Road Development Rights is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | U. An Ordinance in Amendment of Chapter 11 of the Code of Ordinances of the City of Pawtucket, Establishing a Public Input Period is LAID ON THE TABLE WITH THE RECOMMENDATION FOR APPROVAL BY THE ORDINANCE COMMITTEE |
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by Courtesy Hyundai, Inc., d/b/a Courtesy Hyundai, 939 Newport Avenue, Tax Assessor’s Plat 16, Lot 359, and Plat 17, Lots 17, 824, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC# 2664 & 2668, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Michael Horan, Esq. 393 Armistice Blvd., Pawtucket, RI, attorney representing the applicant, John Martins.
Mr. Horan states that Mr. Martins’ business is presently at 20 Division Street, Pawtucket, RI.
Mr. Horan states that the new location of this franchise is 939 Newport Avenue, which has been approved by Hyundai.
Mr. Horan states that there will be twenty full-time employees and the hours of operation will be Monday thru Friday 8:00 a.m. to 9:00 p.m., Saturday 8:00 a.m. to 6:00 p.m. and Sunday 12:00 p.m. to 6:00 p.m.
Councilor Wildenhain states that he met with Mr. Martins it has been agreed that there will be no test driving on the surrounding side streets.
Councilor Hodge questions Mr. Martins regarding abandoning his Division Street license after 90 days. Mr. Martins states they will no longer operate there and will turn in the license.
Speaking in opposition is James Abbott, 204 Vine Street, Pawtucket, RI and Kevin Duclos, 200 Vine Street, Pawtucket, RI.
Both Mr. Abbott and Mr. Duclos have the following concerns as to the operations of Courtesy Hyundai.
1. Spotlights on the east wall - light up the first four houses and are on 24 hours.
2. Test drive of vehicles on Vine Street – excessive speed and traffic.
3. Employees parking on Vine Street – limited parking on Vine Street already.
4. Intercom system should be turned off at 5:00 p.m. Monday thru Friday, turned off Saturdays at 2:00 p.m. and no intercom system on Sundays - very loud and annoying.
5. Big trucks up and down the street – flatbeds and car haulers.
6. Junk cars should not be stored on southeastern lot. Ask that this not be used as a tow lot by Sterry Street Towing.
7. Diesel idle law should be enforced at all times.
Councilor Wildenhain asks Mr. Abbott and Mr. Duclos why they did not contact him prior to this meeting so he could have addressed their concerns.
Mr. Horan states that his client agrees to address these concerns tonight.
Upon motion made by Councilor Grebien, seconded by Councilor Kinch the public hearing for Courtesy Hyundai, Inc. 939 Newport Avenue is recessed at 7:30 p.m. to address these concerns.
COUNCILOR WILDENHAIN LEAVES THE CHAMBER AT 7:30 P.M.
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by R. Teto Motor Sales, Inc., d/b/a R. Teto Motor Sales, 172 York Avenue, Tax Assessor’s Plat 38, Lot 248, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC#2664 #2668, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Hever Juarez, 17 Brown Street, North Providence, RI.
Councilor Kinch asks if the business is near the Fitness Company on York Avenue.
Mr. Juarez states he has had a used car dealership at 23 Chaffee Street, Providence, RI, which has caught on fire and would like to relocate at 172 York Ave.
The Providence building is closed and just the lot is open.
Speaking in opposition is Jean Fonseca, 31 Wellesley Ave., Pawtucket, RI.
Ms. Fonseca states the previous owners had dogs there barking at night and eight unregistered cars on the lot.
The neighbors ask Ms. Fonseca to attend this meeting on their behalf.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE:
Upon motion made by Councilor Hodge, seconded by Councilor Kinch, the Public Hearing on the following licenses is continued until the June 25, 2008 meeting:
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by R. Teto Motor Sales, Inc., d/b/a R. Teto Motor Sales, 172 York Avenue, Tax Assessor’s Plat 38, Lot 248, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC#2664 #2668
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, and Moran.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch and Moran.
NOES - 0.
THE FOLLOWING RESOLUTION SUBMITTED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL IS TAKEN UP:
RESOLUTION REQUESTING THE PAWTUCKET REDEVELOPMENT AGENCY AND THE PAWTUCKET HOUSING AUTHORITY TO INCLUDE A “PUBLIC INPUT” SESSION AT EACH OF ITS MEETINGS.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
Upon motion made by Councilor Grebien, seconded by Councilor Chadwick, the following resolution is LAID ON THE TABLE until the July 9, 2008 Council meeting on a unanimous voice vote:
RESOLUTION REQUESTING THE PAWTUCKET REDEVELOPMENT AGENCY AND THE PAWTUCKET HOUSING AUTHORITY TO INCLUDE A “PUBLIC INPUT” SESSION AT EACH OF ITS MEETINGS.
COUNCILOR WILDENHAIN RETURNS TO THE CHAMBERS AT 7:40 P.M.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the Public Hearing on the following petitions for licenses is again taken up:
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by Courtesy Hyundai, Inc., d/b/a Courtesy Hyundai, 939 Newport Avenue, Tax Assessor’s Plat 16, Lot 359, and Plat 17, Lots 17, 824, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC# 2664 & 2668
Mr. Horan states that his client agrees to the following stipulations:
1. Lights on the property will be redirected to not shine on the neighbor’s property.
2. Intercom system will be used in a way that will not disturb the neighbors and there will be no use of the intercom system on Sundays.
3. Parking for employees will be on-site only.
4. Must abide by no-through trucking signs in the area.
5. No junk cars will be stored on the South Eastern lot.
6. There will be no test driving on the surrounding side streets in the area.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following communication:
Communication from residents on Vine Street to the City Council, (Concerns regarding the operations of Courtesy Hyundai at 939 Newport Avenue)
Upon motion made by Councilor Wildenhain, seconded by Council Barry, the following communication is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS:
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by Courtesy Hyundai, Inc., d/b/a Courtesy Hyundai, 939 Newport Avenue, Tax Assessor’s Plat 16, Lot 359, and Plat 17, Lots 17, 824, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC# 2664 & 2668
1. Lights on the property will be redirected to not shine on the neighbor’s property.
2. Intercom system will be used in a way that will not disturb the neighbors and there will be no use of the intercom system on Sundays.
3. Parking for employees will be on-site only.
4. Must abide by no-through trucking signs in the area.
5. No junk cars will be stored on the South Eastern lot.
6. There will be no test driving on the surrounding side streets in the area.
THE FOLLOWING AGREEMENT IS APPROVED 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 following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Hodge, Kinch, Moran and Wildenhain.
NOES – Councilor Grebien.
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 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 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, and Moran.
NOES – Councilor Wildenhain.
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE – New
Rosinha LLC d/b/a Rosinha, 999 Main Street, Unit #113, LIC#4921
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE – New
Sine Cera LLC d/b/a Northern Lights, 1005 Main Street, Unit #8436, LIC#4937
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
Petition of Fidjos Didjabraba for a license to conduct a St. John’s Festival at parking lot of 682 Roosevelt Avenue, on Sunday, June 22, 2008, from 5:00 p.m. to 9:00 p.m., and Saturdays, July 12 and 26, 2008, from 5:00 p.m. to 9:30 p.m., LIC#4944
Petition of St. Anthony’s Church Holy Spirit Society, 32 Lawn Avenue for a license to conduct a Festival, (indoors) at 27 Forest Avenue on Friday, June 13, 2008, from 8:00 p.m. to 12:00 a.m.; Saturday, June 14, 2008, from 8:00 p.m. to 12:00 a.m.; and Sunday, June 15, 2008, from 6:00 p.m. to 10:00 p.m. LIC#4946
INTELLIGENCE OFFICE – Renewals
Additional Personnel Inc., d/b/a Add Temps, 17 Dexter St. LIC#3296
American Partners Inc., d/b/a American Partners, 1005 Main St. LIC#4876
Debbie’s Staffing Services Inc., d/b/a Debbie’s Staffing Services, 60 Delta Drive, LIC#3295
Hope Staffing Associates Inc., d/b/a Hope Staffing Associates, 1005 Main St. LIC#4877
PAWN BROKER - Renewals
Robert M. Carbone d/b/a Pawtucket Pawn Brokers, 261 Main St. LIC#2003
*Rickey L. Costello d/b/a Broadway Loan & Jewelry, 720 Broadway, LIC#2005
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.
Fastcash Pawn & Checkcashers Incorporated, 824 Newport Ave. LIC#2647
PINBALL & AMUSEMENT DEVICES - Renewals
1537 Corp d/b/a Spumoni’s Family, 1537 Newport Ave. (2) LIC#4565
Buffalo Home Ltd., 532 Lonsdale Ave. (1) LIC#4594
Carousel Sports Lounge Inc. 507 Armistice Blvd. (1) LIC#4593
Clube Social Portugues Inc., 131 School St. (1) LIC#4577
Elias Dernikos d/b/a City Line Pizza & Restaurant, 594 Pawtucket Ave. (1) LIC#4578
Duffin's Pub Inc., 215 Division St. (2) LIC#4579
Four Corners Building Association of Post No. 2339 Veterans of Foreign Wars of the United States Incorporated, 178 Columbus Ave. (1) LIC#4613
G & J Bar & Grille Inc. d/b/a Vet’s Bar, 623 Central Ave. (2) LIC#4607
K.J. Cummings Inc., d/b/a KC’S Tap, 140 Japonica St. (2) LIC#4605
Lafayette Social Club Inc., 71 Benefit St. (2) LIC#4585
Leonora R. Marques d/b/a Boulevard Tap, 572 Armistice Blvd. (1) LIC#4604
S & L Inc. d/b/a Cafe Ordway, 3 Ordway St. (1) LIC#4595
VICTUALLING HOUSE 1st Class – New
Rochon, Darline d/b/a Frosty Palace, 604 Smithfield Avenue, LIC#4951
*THE FOLLOWING BOND IS APPROVED, SURETY NAME IS ACCEPTED:
PAWN SHOP –
Rickey L. Costello d/b/a Broadway Loan & Jewelry – Surety, Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Veronica Barosian and Edward Silvia - $583.02-$786.00
Carol Shea by Thomas Sparks, Esq. – No Amount Specified
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
Lee Adler by Arbella Insurance - $259.35
Mario Berto by Geico Insurance - $300.00
Laura Lynch - $425.00
Barbara Petti - $67.63
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:
Denee Montrond - $685.91
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:
Fernando Soares by Progressive Insurance - $14,720.90
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following license:
Petition of Hope Artiste Village LLC to conduct a Summer Artiste Festival at Hope Artiste Village, 1005 Main Street, on June 21, 2008 from 11:00 a.m. to 4:00 p.m. LIC#4949
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is APPROVED on a unanimous voice vote:
Petition of Hope Artiste Village LLC to conduct a Summer Artiste Festival at Hope Artiste Village, 1005 Main Street, on June 21, 2008 from 11:00 a.m. to 4:00 p.m. LIC#4949
THE CHAIR RECOGNIZES COUNCILOR BARRY
With majority consent of the Council, Councilor Barry introduces the following resolution:
RESOLUTION CHANGING THE TIME OF THE COUNCIL MEETING FOR JUNE 25, 2008, FROM 7:00 P.M. TO 5:00 P.M.
Upon motion made by Councilor Barry, seconded by Councilor Chadwick, the following resolution is APPROVED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
Upon motion made by Councilor Barry seconded by the entire Council, the meeting is adjourned at 8:30 p.m. in memory of Marvin Goldstein, father of City Clerk Richard J. Goldstein.