City Council, December 9, 2009
A regular session of the Pawtucket City Council is held Wednesday, December 9, 2009, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault and Vitali.
Absent – Councilors Hodge and Wildenhain.
President Kinch presides.
The reading of the records of November 24, 2009 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, 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 Joseph Roque, Purchasing Agent, to the Pawtucket City Council (Emergency Purchase Authorizations – November 2009) |
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| | B. Communication from Jeannine S. Bourski, Deputy Finance Director, to Henry S. Kinch, Jr., President, Pawtucket City Council (Uniform Overtime FY10) |
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| | C. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | D. Communication from Brian E. Kortz, Senior Hydrogeolgist, Fuss & O’Neill, to the Pawtucket City Clerk (Notice of Commencement of Site Investigation Activities – 354 Pine Street) |
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| | E. Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Councilor Henry S. Kinch, Jr., President, Pawtucket City Council (Deed of Transfer – Soccer Complex) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the following communication is READ AND ORDERED FILED.
Communication from Antonia Lopes, AADL LLC, d/b/a/ Tanha & sons Food Mart, 737 Main Street, Pawtucket, RI, requesting withdrawal of license.
THE FOLLOWING LICENSE IS REMOVED FROM THE CONSENT AGENDA AND WITHDRAWN AT THE REQUEST OF THE APPLICANT:
VICTUALLING HOUSE & HOLIDAY – New
AADL LLC d/b/a Tanha & Son’s Food Mart, 737 Main St. LIC#5430 #5429
Petition for SECOND HAND SHOP LICENSE (Class A – Used Motorcycles Only) of Precision Harley Davidson Inc., d/b/a Precision Triumph, 255 Armistice Boulevard, Tax Assessor’s Plat 25, Lot 242, to keep a shop for the purpose of purchasing and selling second hand articles, specifically motorcycles, LIC#5126 which was advertised for a hearing at this time, is taken up:
Speaking in favor is John Leitao, 6 Lucile Street, Warwick, RI, representing Precision Harley Davidson, d/b/a Precision Triumph.
Mr. Leitao states that Precision Harley Davidson, 225 Armistice Boulevard, has been there for over twenty years.
The business is expanding to include Triumph.
Four new jobs will be added to the business, and there will be no changes to the hours or the operation of the business.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilors Vitali and Moran, the following license is APPROVED on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE (Class A – Used Motorcycles Only) of Precision Harley Davidson Inc., d/b/a Precision Triumph, 255 Armistice Boulevard, Tax Assessor’s Plat 25, Lot 242, to keep a shop for the purpose of purchasing and selling second hand articles, specifically motorcycles, LIC#5126
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Matthew Hudak, requesting that the city purchase the Red Farm Studio to be used for open space property.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from Matthew Hudak, requesting that the city purchase the Red Farm Studio to be used for open space property.
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by John Martins d/b/a Courtesy Collision Center, 262 Broadway, Tax Assessor’s Plat 22, Lot 312, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC#5127 & #5234 which was advertised for a hearing at this time, is taken up:
Speaking in favor is Michael Horan, Esq., 373 Armistice Blvd, attorney for John Martins, applicant.
Mr. Horan states that John Martins owns businesses and is active in the City of Pawtucket.
Mr. Martins purchased the old Firestone Blvd.
Mr. Martins has all the zoning permits and has met with the neighbors.
Mr. Martins has a good track record in the City of Pawtucket.
Also speaking is John Martins, 24 Rice Street, Attleboro, MA, applicant.
Mr. Martins states that he will be painting cars.
He will be getting all state permits.
He will remodel the inside of the building and do a facelift on the outside, including a new fence, but there will be no structural additions to the building.
He will have twenty-five cars for sale. Test driving will be done on Broadway and Rt. 95.
He will have six to eight new employees and the hours of operation will be Monday though Saturday from 8:00 a.m. to 6:00 p.m.
Mr. Martins will repave the lot and keep the existing signage.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Vitali, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS, on a unanimous voice vote:
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by John Martins d/b/a Courtesy Collision Center, 262 Broadway, Tax Assessor’s Plat 22, Lot 312, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC#5127 & #5234
STIPULATIONS:
1. No vehicles on the street overnight
2. No test driving on the side streets.
3. Lighting must be focused on your property without disturbing the neighbors.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault and Vitali.
NOES - 0.
UPON RECOMMENDATION OF THE PUBLIC WORKS/CEMETERY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault and Vitali.
NOES - 0.
THE COUNCIL TAKES UP THE FOLLOWING ORDINANCE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (KENNEL LICENSES)
UPON RECOMMENDATION OF THE ANIMAL CONTROL COMMITTEE, THE COUNCIL APPROVES THE FOLLOWING AMENDMENT TO THE ABOVE TITLED ORDINANCE, ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault and Vitali.
NOES - 0.
Amendment #1
§116-62 - Penalties.
A. Any person who violates §116-61 (A) of Article X of this Chapter shall be subject to fines as enumerated in § 410-101.
B. Any person who violates any other sections of the Code of Ordinances of the City of Pawtucket or or Chapter 19 of Title 4 of the General Laws of the State of Rhode Island may be subject to a suspension or revocation of their license and/or criminal prosecution a fine of $100 for a first offense, a fine of $250 for a second offense and a fine of $500 for a third and subsequent offenses. pursuant to RI General Laws §§4-19-9 and 4-19-11.3.
THE COUNCIL TAKES UP THE FOLLOWING ORDINANCE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (KENNEL LICENSES)
UPON RECOMMENDATION OF THE ANIMAL CONTROL COMMITTEE, THE COUNCIL APPROVES THE FOLLOWING AMENDMENT TO THE ABOVE TITLED ORDINANCE, ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault and Vitali.
NOES - 0.
Amendment #2
§116-57 Publication of notice of application.
Upon receipt of an application for a license under this article, the city clerk shall cause notice of the application for a kennel license to be published in a newspaper of general circulation in the city at least once, one (1) week prior to the hearing date on such application. Such notice shall state the name of the applicant, the type of license requested and a description of the particular location for which the license is requested. Such notice shall also state that remonstrants are entitled to be heard before the granting of such license and shall name the time and place of the hearing. Furthermore, in the case of an initial license application, the city clerk shall give similar notice by regular mail at least one (1) week prior to the hearing to the owners of all property within two hundred (200) feet three hundred fifty 350 feet of the perimeter of the premises on which a kennel is sought to be located.
COUNCILOR CHADWICK LEAVES THE CHAMBERS AT 7:30 P.M.
THE COUNCIL TAKES UP THE FOLLOWING ORDINANCE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (KENNEL LICENSES)
UPON RECOMMENDATION OF THE ANIMAL CONTROL COMMITTEE, THE COUNCIL APPROVES THE FOLLOWING AMENDMENT TO THE ABOVE TITLED ORDINANCE, ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
Amendment #3
§116-59 General licensing requirements.
H. No kennel shall hold more than thirty (30) fifty (50) animals at any one time during the day and no more than fifteen (15) thirty (30) animals at any one time overnight.
UPON RECOMMENDATION OF THE ANIMAL CONTROL COMMITTEE THE FOLLOWING ORDINANCE, IS READ AND APPROVED FOR THE FIRST TIME, AS AMENDED, ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (KENNEL LICENSES), AS AMENDED
THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETINGS HELD NOVEMBER 4, 2009 AND NOVEMBER 24, 2009, IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:
10, 000 Hours Inc., d/b/a TK’s Tavern, 602 Smithfield Ave. LIC#5266
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
PEDDLER LICENSE – Renewal
Norman E. Benoit Jr., d/b/a Norm Catering, 15 Surrey Drive, Johnston, RI, LIC#4873
| TO PEDDLE: | Food |
| DRIVER: | Norman E. Benoit Jr., 15 Surrey Drive, Johnston, RI |
| LOCATION: | All Streets in Pawtucket |
Couto, Celestino V d/b/a Celestino Fish Truck, 274 California Avenue, Providence, RI, LIC#4874
| TO PEDDLE: | Seafood |
| DRIVER: | Celestino V. Couto, 274 California Avenue, Providence, RI |
| LOCATION: | All Streets in Pawtucket |
Fuentes, Ignacio F d/b/a Tacos Don Nacho, 223 Barton Street, Pawtucket, RI, LIC#4955
| TO PEDDLE: | Food |
| DRIVER: | Fuentes, Ignacio F, 223 Barton Street, Pawtucket, RI |
| LOCATION: | 234 Barton Street |
VICTUALLING HOUSE LICENSES First Class - Renewals
Amy’s Inc., d/b/a Amy’s Restaurant, 474 Pawtucket Ave. LIC#4784
Carrasco, Newton d/b/a Panal Chicken, 208 Dexter St. LIC#3785
El Sazon Mexicano Buffet LLC d/b/a El Sazon Mexicano Buffet, 200 Mineral Spring Ave. LIC#5310
Five Star Pizzeria LLC d/b/a Five Star Pizzeria, 287 Pawtucket Ave. LIC#5081
FSA Enterprises Inc., d/b/a Royal Fried Chicken, 270 Dexter St. LIC#4737
Francisco, Halina d/b/a Jarosz Delicatessen, 560 Armistice Blvd. LIC#5000
Jac’s Wraps Inc., d/b/a Jac’s Wraps, 385 East Ave. LIC#5158
Pate, Michael d/b/a Newport Avenue Pizza, 1100 Newport Ave. LIC#4004
Tingley, Miles d/b/a Riverside Diner, 3 Exchange St. LIC#3494
SIGN PERMIT – New
Norm’s New Generation Barber Shop, 168 Smithfield Ave. (1) LIC#5453
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Rui Morgado - $774.34-$900.00
Donald Neil - $875.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
Denise Thurber - $140.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
Matthew Parent - $71.75
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
Jason Furtado by Commerce Insurance - $631.41
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
George Haworth by Encompass Insurance - $8,500.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
Arthur Menezes - $1,960.44
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
Kim Lottinville - $914.03
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
Reynaldo Rivera by Edward Manning, Esq. - $1,672.63
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Moran, Tetreault and Vitali.
NOES - 0.
Roger St. Pierre - $233.80
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A UNANIMOUS VOICE VOTE:
Jozefa Lozinski - $815.14
Mary Cabral - $690.29
Joao Boaventura - $1,784.04-$2,351.39
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:
Justin Jamro by Joseph Martinous, Esq. – No Amount Specified
Karin Kosterlitz – Pending Estimates
Donald Sabourin by Brenda L. Ferry, Esq. – No Amount Specified
Lisa Williams by Brenda L. Ferry, Esq. – No Amount Specified
Upon motion made by Councilor Moran, seconded by Councilor Barry, the meeting is adjourned at 7:37 p.m., in memory of Berthe Richer, mother of First Lady Joan Doyle; Sally Weiss, mother of Herb Weiss, Economic and Culture Affairs Officer; and Claire Bouvier, mother of Mayor’s Office Manager Therese Gorman.