City Council, March 25, 2009
A regular session of the Pawtucket City Council is held Wednesday, March 25, 2009, at 7:04 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Hodge, Moran, Tetreault, and Vitali.
Absent – Councilors Barry, Chadwick and Wildenhain
President Kinch presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONTINUE THE PRE-COUNCIL SESSIONS AND TO CONVENE AS THE BOARD OF LICENSE COMMISSION.
THE COUNCIL RECONVENES AT 7:29 P.M.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING COMMUNICATION IS TAKEN UP:
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:
JUVENILE HEARING BOARD
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Gail M. Jenard, 405 Grotto Avenue, Pawtucket, RI 02860, term expires the first Monday in December, 2012.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING COMMUNICATION IS TAKEN UP:
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Purchasing Board, FOR CONFIRMATION:
PURCHASING BOARD
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
John J. Lund, 8 Seba Kent Road, Pawtucket, RI 02861, term expires the first Monday in January, 2010
The reading of the records of February 19, 2009 and March 11, 2009 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from Mayor James E. Doyle to Department Heads or Directors (City-Owned Vehicle Take-Home Privileges) |
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| | B. Communication from Dr. Hans W. Dellith, Superintendent of Schools, to the Honorable Mayor James E. Doyle (Response - School Department Finances and Cost Cutting Measures) |
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| | C. Communication from Mayor James E. Doyle to Dr. Hans W. Dellith, Superintendent of Schools (Cash Flow Problem and Payroll Obligations) |
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| | D. Communication from Richard J. Goldstein, City Clerk, to Honorable Members of the Pawtucket City Council (REAP Savings Report – February ’09) |
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| | E. Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to the Honorable City Council (Broad Street Regeneration Plan – Final Report Executive Summary – Copy on file in City Clerk’s Office) |
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| | F. Communication from Catherine E. Childs to Mayor James E. Doyle, (Resignation from the Purchasing Board) |
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| | G. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | H. Communication from John F. McBurney, III, Chief Judge to the Henry S. Kinch, Jr., President, Pawtucket City Council (Reappointment of Donna M. Nesselbush as Associate Judge of the Municipal Court) |
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| | I. Communication from George L. Kelley, III, Chief of Police, to the Honorable Members of the Pawtucket City Council (Response – Parking During PAWSOX Games) |
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| J. Communication from Joseph Hall, Hall Associates, to Mayor James E. Doyle and the Honorable Members of the City Council (Incinerator Smokestack, Grotto Avenue) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | K. Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to the Pawtucket City Council Members (Arts and Entertainment District) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE |
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| | L. Communication from Jorge Azevedo, President, Clube Social Portuges Inc., to Councilor John J. Barry, III (Amplified Sound Regulations) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE |
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| | M. Communication from John E. Carney, Director of Public Works, to Richard J. Goldstein, City Clerk (Funding from Perpetual Care Fund – Cemeteries) is READ AND ORDERED FILED and REFERRED TO THE PUBLIC WORKS/CEMETERIES COMMITTEE |
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| | N. An Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Amount of Three Hundred Thousand ($300,000.00) Dollars Providing for Construction and Reconstruction of the Sewer and Sanitation System in the City of Pawtucket is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | O. An Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Amount of One Million ($1,000,000.00) Dollars Providing for Construction and Reconstruction of Streets and Sidewalks in the City of Pawtucket is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | P. An Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in The Amount of Two Hundred Thousand ($200,000.00) Dollars Providing for The Improvement and Replacement of Traffic Control Devices in The City of Pawtucket is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | Q. An Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Amount of Two Hundred Thousand ($200,000.00) Dollars Providing for the Reconstruction of Bridges in The City Of Pawtucket is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | R. An Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Amount of Seven Hundred Thousand ($700,000.00) Dollars Providing for the Renovation and Improvement of Public Buildings in the City of Pawtucket is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | S. An Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Amount of Six Hundred Thousand ($600,000.00) Dollars Providing for the Renovation and Reconstruction and Equipping of Public Recreation Facilities in the City of Pawtucket is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | T. An Ordinance Authorizing the City of Pawtucket to Issue Bonds and Notes in the Amount of Three Million ($3,000,000.00) Dollars Providing for the Renovation and Equipping of Public School Buildings in the City of Pawtucket is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
Petition for SECOND HAND SHOP LICENSE of MNM Towing & Recovery LLC d/b/a MNM Auto Sales & Recovery, 231 Japonica Street, Tax Assessor’s Plat 8, Lot 411, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Milton Giard, 40 Chestnut Grove Avenue, Cumberland, RI and Corey McNulty, 57 Marne Street, Johnston, RI, applicants.
Mr. Giard states that they are leasing the property with the option to purchase. They plan to purchase in October.
He states that they have updated the fire alarm system and made no changes to the building.
Mr. McNutly states that they will be selling vehicles, primarily wholesale.
Both applicants are career firefighters in Central Falls.
They have been picking up repossessed cars for Pawtucket Credit Union since November, then transporting them to a dealer, who takes them to the auction.
They need this license so that they can take the vehicles to the auction themselves.
The next speaker is Stanislaw Szczepanek, 245 Japonica Street, Pawtucket, who is a next door neighbor. He is concerned about parking.
Mr. Giard and Mr. McNulty state there will be no parking on the street. They have a large lot for parking, and there is also a lot next door they can use for overflow. They have flatbeds that carry two cars and will load the cars in their lot.
Mr. Szczepanek is not concerned about the owners parking on the street; his concern is about where the public is going to park.
At the suggestion of Councilor Hodge, Mr. Giard and Mr. McNulty state that they will designate spots in lot for customer parking.
The next speaker is Ken Zuckerman, Pojac Piont, North Kingstown, who is the owner of property on Sabin Street.
He is happy there will be mostly wholesale business there, but he questions how much retail sales there will be.
Mr. Giard and Mr. McNulty state that 95% of their business will be wholesale and 5% will be retail (at most 6 cars month). Most cars will be repos and auctioned at wholesale.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by the Councilors Vitali and Barros, the following license is APPROVED with the following stipulations, on a unanimous voice vote:
STIPULATIONS:
No dumpster pick-up before 7:00 a.m.
Designate two spots for customer parking in their lot.
Petition for SECOND HAND SHOP LICENSE of MNM Towing & Recovery LLC d/b/a MNM Auto Sales & Recovery, 231 Japonica Street, Tax Assessor’s Plat 8, Lot 411, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles, LIC#2681
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Rhode Island Public Transit Authority requesting that Mark Therrien or Alfred Moscola attend the City Council meeting on April 2, 2009 regarding the ongoing problem with busses using Thurber Street as a cut-through rather than traveling Benefit Street and Central Avenue.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, regarding the feasibility of having a police detail on Thurber Street to stop RIPTA busses from using the street as a cut-through rather than traveling Benefit Street and Central Avenue. The council also would like his thoughts on the placement and enforcement of weight restrictions on Thurber Street so that it would be a violation of city ordinances for bus drivers to use that street.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Hodge, 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, Hodge, 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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
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 Kinch, Councilors Barros, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
ORDINANCE IN AMENDMENT OF SECTION 302 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PEDDLING AND SOLICITING”
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following license is removed from the consent agenda on a unanimous voice vote:
VICTUALLING HOUSE – First Class
ARJK, Inc., d/b/a Maria’s Breakfast & Lunch Restaurant, (transfer from Zarokostas, Epaminondas & Maria d/b/a Maria’s Breakfast & Lunch) 477 Smithfield Ave. LIC#5106
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following license is LAID ON THE TABLE on a unanimous voice vote:
VICTUALLING HOUSE – First Class
ARJK, Inc., d/b/a Maria’s Breakfast & Lunch Restaurant, (transfer from Zarokostas, Epaminondas & Maria d/b/a Maria’s Breakfast & Lunch) 477 Smithfield Ave. LIC#5106
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE TOE:
PEDDLERS Renewal –
Larry Klemanchuck d/b/a La’z Lemonade, 102 Sterry Street, Pawtucket, RI LIC#4924
DRIVER: Larry Klemanchuck, 102 Sterry Street, Pawtucket, RI
TO PEDDLE: Ice Cream & Lemonade
LOCATION: All of Pawtucket
HOLIDAY LICENSES - Renewals
AM Donuts, Incorporated d/b/a Dunkin Donuts, 205 Dexter St. LIC#3197
Central Avenue Bakery Inc., 679 Central Ave. LIC#3253
Corner Store Inc., d/b/a Corner Store, 364 Benefit St. LIC#5001
Cumberland Farms, Inc., d/b/a Cumberland Farms #1265, 193 Division St. LIC#4830
Djafarou, Agbon d/b/a Ocean State Mini Mart & One Dollars Deal, 374 Smithfield Ave. LIC#4997
Eid, Ghasan d/b/a Town Mart, 885 Newport Ave. LIC#3211
Fairlawn Oil Service, Inc., d/b/a Woodlawn Mobil, 168 Lonsdale Ave. LIC#3283
Family Dollar Stores Inc., d/b/a Family Dollar #6933, 502 Broadway, LIC#3175
Family Dollar Stores Inc., Family Dollar #2095, 320 Dexter St. LIC#3275
Fantas Market Inc. d/b/a Fantas Market, 618 Broadway, LIC#3186
Fox Grocery, Inc., 209 Benefit St. LIC#3256
Gomes, Joao Alves d/b/a Ribatejo Fish Market, 167 Benefit St. LIC#3279
Gonzalez, Juan A d/b/a Gonzalez Grocery, 474 Weeden St. LIC#3181
Hollywood Entertainment Corporation d/b/a Hollywood Video Game Crazy #039-117, 398 Cottage St. LIC#3210
Le, Van & Chu, Bao d/b/a Pawtucket Food Mart, 755 Mineral Spring Ave. LIC#4860
L J C Sales, Inc., d/b/a A Little Bit of Everything, 340 Cottage St. LIC#4998
Lonsdale Donuts Inc., d/b/a Dunkin Donuts, 465 Lonsdale Ave. LIC#4823
Newport Avenue Donut Inc., d/b/a Dunkin Donuts, 105 Cedar St. LIC#3229
Newport Division Donut Inc., d/b/a Dunkin Donuts, 192 Division St. LIC#4828
Newport Avenue Donuts Inc., d/b/a Dunkin Donuts #300297, 81 Newport Ave. LIC#4827
Onasco LLC d/b/a Onasco Sunoco A-Plus, 81 School St. LIC#3242
R.J.W. Inc., d/b/a Dunkin Donuts Enterprises, 337 Armistice Blvd. LIC#4816
Tim Hortons New England Inc., d/b/a Tim Hortons New England, 1242 Newport Ave. LIC#3248
Union Fruit Market, Inc., 139 Broad Street, LIC#3268
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Rous Betancourt - $367.50
Haitem Boucheltti - $736.45-$750.48
Omarrio Dawkins - $730.69
Daniel Fallon - $263.98-$306.02
Nicholas Mailloux - $282.45-$325.82
Seth Manchester - $48.00
Jason Marchetti - $838.38-$846.00
Tracey Murphy by Alan Cathers, Esq. – No Amount Specified
Robert Scanlon - $151.04-$161.60
Bonnie St Jean - $1012.87
Robert Venturini – No Amount Specified
Upon motion made by Councilor Hodge, seconded by entire City Council, the meeting is adjourned at 8:21 p.m., in memory of Theresa Pappas.