City Council, May 7, 2008
A regular session of the Pawtucket City Council is held Wednesday, May 7, 2008, at 7:05 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 April 23, 2008 and April 25, 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 CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communications:
Communication from Victor C. Santos, Director, Community Center Grupo Amigos da Terceira to the Honorable Members of the City Council, requesting an amendment to the noise ordinance regarding time limits at outdoor feasts or festivals.
Communication from Rev. John W. O’Brien, Pastor, Saint Anthony’s Church to Mary E. Bray, President, Pawtucket City Council, requesting an amendment to the noise ordinance regarding time limits at outdoor feasts or festivals.
Upon motion made by Hodge, seconded by Councilor Barry, the following communications and READ AND ORDERED FILED.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | B. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mary E. Bray, President, Pawtucket City Council (Uniform Overtime FY08) |
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| | C. Resolutions from Donna L. Giordano, Westerly Town Clerk, to the Pawtucket City Council (Support of House Bill 7108 Relating to Labor Relations – Collective Bargaining and Support of Housing Bill 7776 Relating to Labor and Labor Relations – Health and Welfare Funds – Pension Plan) |
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| | D. Resolution from Jodi LaCroix, Charlestown Town Clerk, to the Pawtucket City Council (Resolution requesting the RI General Assembly to appoint a DEM Water Resources Division Joint Oversight Committee to Review and Approve all Past, Present and Future Regulations Adopted) |
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| | E. Communication from Ronald L. Wunschel, Director of Finance, to Councilor Donald R. Grebien (Response - Budget Information Request 1998-2008) |
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| | F. Communication from George L. Kelley, III, Chief of Police, to Richard J. Goldstein, City Clerk (Response – Hospital Zone Permit Parking) |
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| | H. Communication from William Mulholland, Superintendent, Pawtucket Parks & Recreation, to the Pawtucket City Council (Response - Parks & Recreation Fees) |
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| | I. Communication from Richard J. Goldstein, City Clerk to Councilor John J. Barry, III (Response – Noise Ordinance) |
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| | J. Communication from John E. Carney, Director of Public Works, to the Pawtucket City Council (Response – South Bend St. from Division St. to Meadow St.) |
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 the Honorable Mary E. Bray, President, Pawtucket City Council, (Task Force to Review the Use of City Owned Vehicles)
Upon motion made by Councilor Kinch, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
Mary E. Bray, President, Pawtucket City Council, appoints Councilor Kinch to chair an Ad Hoc Committee to Study City Vehicle Use with Councilors Barry and Grebien also to serve.
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by Corey Enterprises Inc., d/b/a Gansett Auto Sales, (prev. Prime Auto Brokers Inc) 347 Broadway, Tax Assessor’s Plat 20, Lot 528, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts LIC#2661 & #2662, which was advertised for a hearing at this time, is taken up:
There are no speakers at the public hearing and the applicant is not present.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following license is DENIED on a unanimous voice vote:
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by Corey Enterprises Inc., d/b/a Gansett Auto Sales, (prev. Prime Auto Brokers Inc) 347 Broadway, Tax Assessor’s Plat 20, Lot 528, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts LIC#2661 & #2662
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald F. Travers, Director of Zoning & Code Enforcement requesting that he make sure that Corey Enterprises Inc., d/b/a/ Gansett Auto Sales, 347 Broadway is not operating the business.
THE FOLLOWING PLAN SUBMITTED BY THE FINANCE COMMITTEE WITHOUT A RECOMMENDATION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Carr, Chadwick, Hodge, Kinch, and Wildenhain.
NOES - Councilors Barry, Grebien and Moran.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST FOR A FIVE-YEAR TAX TREATY IS APPROVED IN THE AMOUNT OF $18,000 PER YEAR FOR FIVE-YEARS BEGINNING WITH THE COMPLETION OF THE PROJECT AND APPROVAL OF THE HISTORIC TAX CREDITS, ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES – Councilor Carr.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
ABSTAINS – Councilor Barry
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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 GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by the entire Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ernest A. Almonte, Auditor General, Margaret M. Lynch-Gadaleta, Esq., City Solicitor, and Ronald L. Wunschel, Director of Finance, requesting verification that the Council has not violated any state or local laws by recommending approval of the School Deficit Plan for FY’07 and FY’08, which would result in a school department deficit this year and the City of Pawtucket not having a balanced budget for FY’08.
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 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 PETITION WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 23, 2008, AND IS AGAIN TAKEN UP:
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) - Renewal
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 Chadwick, the following license is DENIED on a unanimous voice vote:
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) - Renewal
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 Hodge, the following license is removed from the consent agenda on a unanimous voice vote:
ENTERTAINMENT -
Petition of Pentecostal Church, for a license to conduct an event with preaching and live music, in the parking lot at 300 Barton Street, C-Town Supermarket, on June 5, 6, 7, July 10, 11, 12, August 7, 8, 9, 2008, from 6:00 pm to 9:00 pm. LIC#4928
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is APPROVED ONLY FOR JUNE 5, 6, 7, 2008, on a unanimous voice vote:
Petition of Pentecostal Church, for a license to conduct an event with preaching and live music, in the parking lot at 300 Barton Street, C-Town Supermarket, on June 5, 6, 7, July 10, 11, 12, August 7, 8, 9, 2008, from 6:00 pm to 9:00 pm. LIC#4928
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Rhode Island Antiques Mall, to conduct an outdoor antique show, at 345 Fountain Street, on Sunday June 1, 2008, from 8:00 am to 3:00 pm., LIC#4929
Petition of Sandra Feinstein-Gamm Theatre, to conduct a concert at 172 Exchange Street, Pawtucket Armory, on Saturday, May 10, 2008 from 6:30 pm to 10:00 pm., LIC#4926
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSE (CLASS A & B) (Selling used automobiles and parts) - Renewal
Truchon, Edward F d/b/a Eddie’s Auto Sales, 80 Conant St. (front) LIC#2181 #2182
AUTO REPAIR SHOP & SECOND HAND SHOP LICENSES (CLASS B) Parts Only – Renewals
ACE Armature Co, Inc., 683 Mineral Spring Ave. LIC#2006 #2007
Mel's Auto Clinic Ltd., 1514 Newport Ave. LIC#2111 #2112
AUTO REPAIR SHOP LICENSES ONLY – Renewals
Calero, Jeovany & Fuerte, Abel A d/b/a J & J Auto Repair, 511 Broadway LIC#2201
* Jeha, John d/b/a Jeha's Citgo, 76 Newport Ave. LIC#2092
1. Maintain 6 ft. stockade fence.
2. Inform City Council prior to doing any towing.
Monro Muffler Brake, Inc., d/b/a Speedy Auto Service by Monro, 1427 Newport Ave. LIC#2379
Perry’s Automotive Inc., d/b/a Perry’s Automotive, 45 Alden St. LIC#2406
* Rojas, Manuel A d/b/a Manny’s Transmission, 1114 Newport Ave. LIC#2438
1. No auto parts stored outside the building.
2. No unregistered autos parked outside building.
3. Only eight (8) cars allowed on lot and two (2) cars allowed in building.
4. Hours of operation shall be 8:00 a.m.-7:00 p.m. M-F; 8:00 a.m.-5:00 p.m. on Saturdays.
5. No Sundays.
6. All repairs inside building.
Verduchi, Gary J d/b/a Woodlawn Sunoco, 75 Mineral Spring Ave. LIC#2349
SECOND HAND SHOP LICENSES (Class C – Used Miscellaneous Merchandise) – Renewals
Buy-Rite Equipment Inc., d/b/a Buy Rite Equipment, 413 Central Ave. LIC#2630
J & M Mower Inc., d/b/a J & M Mower Sales and Service, 137 Newell Ave. LIC#2583
Renchan, Luke d/b/a Luke’s Record Exchange, 393 Broadway LIC#2534
HOLIDAY LICENSE – Renewal
Ocean State Job Lot of Pawtucket Inc., 470 Pawtucket Ave. LIC#3237
PEDDLER Renewal –
Frank Cabrera d/b/a FMD Ice Cream, 18 Bellmore Drive, Pawtucket, RI LIC#4925
| DRIVER: | Frank Cabrera, 18 Bellmore Drive, Pawtucket, RI |
| TO PEDDLE: | Ice Cream |
| LOCATION: | All of Pawtucket |
VICTUALLING HOUSE First Class – New
Newton Carrasco d/b/a Panal Restaurant, 97 Lonsdale Ave. LIC#4912
Oluwatoyin Wilcox d/b/a Village Restaurant, 200 Main Street. LIC#4917
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Denee Montrond - $685.91
Fernando Soares by Progressive Insurance - $14,720.90
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, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
Gale S. Frade - $202.24
George Maris - $300.00
John Pereira – $300.00
Cynthia Rounds - $300.00
Bruce Shaffer - $300.00
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 UNANIMOUS VOICE VOTE:
Jennifer and Yesaira Gonzales by Thomas R. Simone, Esq. – No Amount Specified
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Moran, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Pawtucket Delegation to the General Assembly requesting that they review RIGL §24-5-13 entitled “Liability of cities and towns for injuries from defective roads” to see if the limitation of $300.00 on pothole claims for municipalities is fair and just to the claimants.
Upon motion made by Councilor Hodge, seconded by Councilor Grebien the meeting is adjourned at 7:35 p.m.