City Council, May 5, 2010
A regular session of the Pawtucket City Council is held Wednesday, May 5, 2010, at 8:37 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault and Vitali.
Absent – Councilor Barry.
President Kinch presides.
The reading of the records of April 13, 2010 and April 21, 2010 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, 2009 through March 31, 2010) |
| | |
| | B. Resolutions from Cheryl A. Fernstrom, CMC, Jamestown Town Clerk, to City and Town Clerks. (Support of Bridge Safety – Support of the Return of the America’s Cup – Support for Bicyclist Safety) |
| | |
| | C. Resolution from Julie A. Coelho, CMC, Warren Town Clerk, to City and Town Clerks. (Support of the Return of the America’s Cup) |
| | |
| | D. Resolutions from John H. Ambrogi, Ed.D., Superintendent of Newport Public Schools, to City and Town Clerks. (Opposition to Binding Arbitration - Opposition to Contract Continuation) |
| | |
| | E. Resolution from Vincent P. Baccari, Jr., Johnston Town Clerk, to City and Town Clerks. (Support of Vacating Mandates for Municipal and School Employee Pensions and Health Care Insurance Benefits) |
| | |
| | F. Resolutions from Wendy J.W. Marshall, CMC, Middletown Town Clerk, to City and Town Clerks. (Opposition to Binding Arbitration - Opposition to Contract Continuation) |
| | |
| | G. Resolutions from Deborah A. Tellier, CMC, West Warwick Town Clerk, to City and Town Clerks. (Support of Relieving Unfunded State Mandates for Five Years - Opposing Binding Arbitration - Opposition to Contract Continuation) |
| | |
| | H. Resolution from Carol Lyons, Foster Deputy Town Clerk, to City and Town Clerks. (Opposition to Contract Continuation) |
| | |
| | I. Resolutions from Mary Ellen Murano, Executive Assistant, South Kingstown School Department, to City and Town Clerks. (Opposing Binding Arbitration – Support of Fair Funding Formula) |
| | |
| | J. Resolution from Lynn D’Abrosca, Warwick Administrative Council Clerk, to City and Town Clerks. (Support of the Return of the America’s Cup) |
| | |
| | K. Resolution from Rosalba Zanni, Cranston City Clerk’s Office, to City and Town Clerks. (Opposition to the Hess Liquefied Natural Gas (LNG) Plant) |
| | |
| | L. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council. (Division Street Bridge Toll Booth) |
| | |
| | M. Communication from Kazem Farhoumand, P.E., Chief Engineer, RI Department of Transportation, to John E. Carney, Director of Public Works. (Presentation on Detour Proposals) |
| | |
| | N. Communication from Michael F. Horan, Esq., to the Pawtucket City Council, requesting a resolution authorizing G & D LLC to assign tenants rights to Joshua LLC for the parking lot on Broad and North Union Streets is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE. |
| | |
| | O. Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to Councilor Henry S. Kinch, Jr. (Political Sign Ordinance) |
| | |
| | P. AN ORDINANCE REPEALING CHAPTER 341 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SIGNS” (Political Signs) is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE. |
| | |
| | Q. ANNUAL OPERATING BUDGET ORDINANCE FY 2010-2011 IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
| | |
| | R. CAPITAL BUDGET ORDINANCE FY 2010-2011 IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
| | |
| | S. CAPITAL IMPROVEMENT PROGRAM FY 2011-2015 IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
Petition for SECOND HAND SHOP LICENSE (Class C) of Ana’s Chic Boutique Corp d/b/a Ana’s Chic Boutique, 726 Central Avenue, Tax Assessor’s Plat 10, Lot 552, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothing, shoes and accessories, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Ana Freitas, 30 Williard Street, Pawtucket, RI, applicant.
Ms. Freitas states that she will be selling second hand and new clothes, accessories and jewelry.
She states that the store is there now, but she split from her former partner.
There are no other speakers
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
Upon motion made by Councilor Tetreault, seconded by Councilor Barros, the following license is APPROVED, on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE (Class C) of Ana’s Chic Boutique Corp d/b/a Ana’s Chic Boutique, 726 Central Avenue, Tax Assessor’s Plat 10, Lot 552, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothing, shoes and accessories. LIC#5656
THE FOLLOWING IS TAKEN UP:
Report of the Charter Review Commission 2010
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the following is LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR MAY 12, 2010.
Report of the Charter Review Commission 2010
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, 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, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE FOLLOWING PETITION FOR LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE – Transfer
J & L Management LLC d/b/a Grille 47, (transfer from The Call Sports Pub LLC d/b/a The Call Sports Pub) 47 Mendon Avenue, LIC#5635
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following communication:
Upon motion made by Councilor Vitali, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
Communication from Michael P. Lewis, Director, Department of Transportation, to Richard J. Goldstein, CMC, City Clerk (Repairs to Rte. 95 Pawtucket Bridge Detour)
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE – Transfer
The Met RI, LLC d/b/a The Met Café (previously The Blackstone At Hope LLC d/b/a Blackstone) 1005 Main Street, Unit 1112, LIC#
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 21, 2010, AND IS AGAIN LAID ON THE TABLE, ON A UNANIMOUS VOICE VOTE:
* 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.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of American Cancer Society for a license to conduct a Fundraiser in Pariseau Field, starting on Friday, June 4, 2010, at 4 p.m. and ending Saturday, June 5, 2010, at 10:00 a.m. LIC#5669
Petition of RDED Corp to conduct a Gospel Concert at Slater Park, on Saturdays, July 3 and September 4, 2010 at 12 Noon to 4:00 p.m. LIC#5666
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) - Renewals
Duffy's Auto Sales Inc., d/b/a Duffy’s Auto Sales, 65 Harris St. LIC#2055 #2056
John's Motor Co., Inc., d/b/a John’s Motor, 707 Broadway LIC#2467 #2468
RZG Inc., d/b/a Tiki’s Auto Sales, 66 Hilton St. LIC#4887 #4891
RZG Inc., d/b/a Tiki’s Auto Sales Annex, 772 Main St. LIC#5071 #5091
*U-Haul Company of Rhode Island Inc., d/b/a U-Haul Center of Pawtucket, 2 Lonsdale Ave. LIC#2387 #2388
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) - Renewals
Division Brakes Inc., d/b/a Division Brakes, 272 Broadway LIC#2264 #2265
*Main Street Auto Repair LLC d/b/a Main Street Repair, 5 Quincy Ave. LIC#2493 #2494
1. No cars shall be parked on Main Street, Capital Street, or Quincy Avenue.
2. The dumpster shall be moved deep into the yard and be fenced in.
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) - Renewals
*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
* Landi, Nathaniel J d/b/a Lost Treasures, 655 Roosevelt Ave. LIC#2644
1. No outside sales (on sidewalk)
*Napoleon Menyongai d/b/a Menyongai New & Used Furniture, 364 Benefit St. LIC#3474
1. All sales inside, no furniture on sidewalk.
Renchan, Luke d/b/a Luke’s Record Exchange, 393 Broadway LIC#2534
Rhode Island Antiques Company LLC d/b/a Rhode Island Antiques Mall, 345 Fountain St. LIC#2641
VICTUALLING HOUSE First Class – New
Ahuei, Ahmed K d/b/a Do Me A Flavor, 604 Smithfield Avenue, LIC#5649
Namaste Gourmet, LLC d/b/a Namaste Gourmet, 877 Central Avenue, LIC#5653
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Patricia Bonin, by Abrams and Verri – No Amount Specified
Rose Cleary, by Allstate Insurance - $4,370.36
Euclides DePina - $130.00
Carolyn DiCenzo, by Jeffry Perlow, Esq. - $100,000
Gertrude Gagnon - $113.67
Andrea Leon – No Amount Specified
Safety Insurance Company, by O’Keefe & Gale Law Office - $1,754.29
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilors Hodge and Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting that the police set up radar patrols for one week, between the hours of 12:00 noon to 4:00 p.m., on the short portion of Roosevelt Avenue behind East Street. This request is based on complaints regarding speeding vehicles in that area.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilors Hodge and Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Burns, Traffic Engineer, requesting that additional signage to slow down traffic be placed on the short portion of Roosevelt Avenue behind East Street.
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, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Kerri Brown by Allstate Insurance - $469.20
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, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Nancy Costa – $300.00
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, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Jeffrey Hannon - $300.00
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, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Reyna Lopez - $187.05
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, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Michelle Scully - $100.28
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:
Alysha Gray - $93.00
Rachel Larson - $316.85
Jerry Pierotti - $70.00
Manuel Vaz - $674.44
Robert Read - $283.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION, ON A UNANIMOUS VOICE VOTE:
Mary Eno - $271.08
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT NATIONAL GRID, ON A UNANIMOUS VOICE VOTE:
Alissa D’Aiello - $699.35
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Joan Lang - $159.00
Claire & Sylvio LeClerc - $206.23
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Council is requesting that an amendment be prepared to the law on the seven-day notice for pothole claims to allow notice to be timely within seven business days.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the meeting is adjourned at 9:06 p.m., in memory of Edward Carr, father of Robert Carr, former City Councilor.