City Council, July 6, 2011
A regular session of the Pawtucket City Council is held Wednesday, July 6, 2011, at 7:01 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Pro Tempore Hodge, Councilors Barros, Barry, O’Neill, Vitali, Tetreault and Wildenhain.
Absent – President Moran and Councilor Chadwick.
President Pro Tempore Hodge presides.
The reading of the records of July 6, 2011, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, 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, 2010 through May 31, 2011) |
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| | B. Communication from Mayor Donald R. Grebien to the Honorable Members of the Pawtucket City Council (Confirmation of the Reappointment of Lewis Soares to the Riverfront Commission) |
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| | C. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for June 19-June 25, 2011 and June 26-July 2, 2011) |
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| | D. Communication Elizabeth J. Cook-Martin, Hopkinton Town Clerk, to Richard J. Goldstein, MMC, City Clerk (2011 – H5554 Substitute A Relating to Towns and Cities – Zoning Ordinances) |
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| | E. Pawtucket Water Supply Board Proposed FY2012 Budget |
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| | F. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to David P. Moran, President, Pawtucket City Council (Lessee’s Responsibility for Updates/ Improvements) |
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| | G. Communication from Paul King, Chief of Police, to the Honorable Members of the Pawtucket City Council (Application for Edward Byrne Memorial Justice Assistance Grant Program) |
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| | J. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council (Proposed Employment Agreement for James L. DeCelles, P.E., Chief Engineer, Pawtucket Water Supply Board for a Six (6) Year Term) is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE |
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| | K. Communication from Mayor Donald R. Grebien to David P. Moran, President, Pawtucket City Council (Zoning Ordinance Changes - Downtown Design Plan) is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE |
H. Communication from Michael P. Davolio, AICP, Director, Planning & Redevelopment, to the Honorable Pawtucket City Council. (Request from Fred Villenueve, Ferdie’s Key Shop for a Zone Change on East Avenue/Pawtucket Avenue from a RM Zone to a CG Zone) is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The setting of a public hearing on the request of Fred Villenueve, Ferdie’s Key Shop, for a zone change on East Avenue/Pawtucket Avenue from an RM Zone to a CG Zone, originally scheduled to be set for August 10, 2011, is TAKEN UNDER ADVISEMENT
I. Communication from Ron L. Wierks, Kellaway Realty Corp., to Michael P. Davolio, AICP, Director, Planning & Redevelopment, requesting to change 28 Commerce Street, a/k/a 461 Main Street from a MB Zone to a CD Zone is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Councilor, the following motion made by Councilor Vitali, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The setting of a public hearing on the request of Ron L. Wierks, Kellaway Realty Corp., to change 28 Commerce Street, a/k/a 461 Main Street from an MB Zone to a CD Zone, originally scheduled to be set for August 10, 2011, is TAKEN UNDER ADVISEMENT.
Petition for Tattoo Shop License by Jesse G. Correia d/b/a Holy Ink, 250 Main Street, Tax Assessor’s Plat 53, Lot 623, LIC#7267, which was advertised for a hearing at this time, is taken up:
Councilor Barry reviews the business with the owner, Jesse Correia.
Mr. Correia states that the business is a tattoo parlor/art gallery, which is located in the Grant Building.
Councilor Barros states that he has known Jesse Correia for a couple of years and that he has had a natural ability with art since the age of 4.
Councilor Vitali states that this is a nice addition to the Grant Building.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Barry, the following license is APPROVED, on a unanimous voice vote:
Petition for Tattoo Shop License by Jesse G. Correia d/b/a Holy Ink, 250 Main Street, Tax Assessor’s Plat 53, Lot 623, LIC#7267.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Pro Tempore Hodge, Councilors Barros, Barry, O’Neill, Vitali, Tetreault and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Barros, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement and Robert Howe, Acting Director, Public Works Department, requesting that they look into utilizing city employees, even at the cost of overtime, to clean up properties that have been cited by Zoning or Municipal Court, rather than outsourcing the cleanup.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Pro-Tempo Hodge, Councilors Barros, Barry, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Pro-Tempo Hodge, Councilors Barros, Barry, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
With majority consent of the Council, the following motion made by Councilor O’Neill, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Joseph Roque, Purchasing Agent and Mayor Robert Metivier, Chair, Rescue RFP Review Committee, requesting that they re-start the RFP process for Fire Rescue Services by outreaching to vendors in the tri-state area. Councilor O’Neill is asking that another vendor review meeting be held to answer questions that the vendors may have and that all questions be provided to the City Council members. Councilor O’Neill is further requesting that a new timeline be provided to the Council on the new RFP process.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Pro-Tempo Hodge, Councilors Barros, Barry, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
With majority consent of the Council, Councilor O’Neill introduces the following communication:
Communication from Frank J. Milos, Jr., Esq., City Solicitor, to the Honorable Mayor Donald R. Grebien (Letter of Intent – Stone Gate Builders, Inc. – Plat 68B Lot 13, Donation of 6.86 Acres of Land)
Upon motion made by Councilor O’Neill, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from Frank J. Milos, Jr., Esq., City Solicitor, to the Honorable Mayor Donald R. Grebien (Letter of Intent – Stone Gate Builders, Inc. – Plat 68B Lot 13, Donation of 6.86 Acres of Land)
THE FOLLOWING PETITION FOR LICENSE IS TAKEN UP:
Petition of Vengeance Motorcycle Club Inc., for a license to conduct a Fundraiser at Feinstein-Gamm Theatre, 172 Exchange Street, on Sunday, September 25, 2011, from 12:00 p.m. until 5:00 p.m. LIC#7291
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Barry, the following petition for license is TAKEN UNDER ADVISEMENT, on a unanimous voice vote:
Petition of Vengeance Motorcycle Club Inc., for a license to conduct a fundraiser at Feinstein-Gamm Theatre, 172 Exchange Street, on Sunday, September 25, 2011, from 12:00 p.m. until 5:00 p.m. LIC#7291
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Clube Social Portugues for a license to conduct an Annual Picnic and Festival (live music and traditional food) at 131 School Street (parking lot) closing Water Street Extension from Division Street to School Street, on Friday, August 12, and Saturday, August 13, 2011, from 4:00 p.m. to 11:00 p.m.; and Sunday, August 14, 2011, from 4:00 p.m. to 9:00 p.m. LIC#7289
Petition of Sal’s Layniappe Productions for a license to conduct a Li’l Rhody Rib Fest, at 175 Roosevelt Avenue, closing a portion of Roosevelt Avenue in the vicinity of Slater Mill, on Saturday, September 10, 2011, from 12 p.m. to 9:00 p.m. LIC#7341
INTELLIGENCE OFFICE Renewal –
Ser-Jobs for Progress, Inc. d/b/a Ser-Jobs for Progress, 100 East Avenue, LIC#4691
PAWN BROKER Renewal –
Costello, Rickey L d/b/a Broadway Loan & Jewelry, 720 Broadway, LIC#2005
PINBALL & AMUSEMENT Renewals –
John J. Bateman d/b/a Spring Lake Arcade, 25 Andrew Ferland Way (Lynch Arena) (4) LIC#4620
John J. Bateman d/b/a Spring Lake Arcade, 325 Newport Ave., (Slater Park - Carousel) (2) LIC#4992
Celtic Pub, Inc. d/b/a Celtic Pub, 755 Broadway, (2) LIC#4576
Clube Social Portugues Inc., 131 School St. (1) LIC#4577
Cpt Elwood J Euart VFW Post 602, 55 Overland Ave. (2) LIC#5199
Greek Island Inc. d/b/a George's Neighborhood Grill & Bar, 109 Newport Ave. (1) LIC#4973
PRIVATE DETECTIVE Renewals –
Chauppetta, Mark d/b/a On the Mark Investigations, 2 Dexter Street, LIC#4785
Leclair, John H d/b/a NPS, 255 Main Street, LIC#4653
Roy, Lincoln D d/b/a LR & Associates, 700 Beverage Hill Avenue, LIC#4672
PUBLIC LAUNDRY Renewals –
Anjos Enterprises Inc. d/b/a J & L Laundramat, 288 East Ave. LIC#3003
Central Laundry, Inc. d/b/a Central Laundry, 614 Central Ave. LIC#4898
Laundromax-Pawtucket LLC d/b/a Laundromax, 485 Mineral Spring Ave. LIC#3069
Sanabria, LLC d/b/a Swan Cleaners, 371 Benefit Street, LIC#4960
Solola, Oladipo d/b/a Langley’s Laundry, 265 Pawtucket Ave. LIC#3041
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) Renewal –
*J.P. Collision, Auto, Cycle & Sales, Inc., d/b/a J.P. Collision, 616 Weeden St. LIC#2656 #2657
1. There shall be no parking on any of the sidewalks in the area, specifically on Weeden Street and Samuel Avenue.
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) Renewal –
Fortune, Marie d/b/a Fortune Fashions, 130 Broad Street, LIC#2626
*THE FOLLOWING BONDS ARE APPROVED, SURETY NAMED ARE ACCEPTED:
PRIVATE DETETIVE Renewal -
Mark Chauppetta, Surety – Western Surety Company
Lincoln Roy, Surety – Washington International Insurance Company
PAWN BROKER Renewal –
Rickey L. Costello, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Alipio Amaral - $1,339.72-$1,587.00
Grace Burns – Pending Estimates
Rania Chabo - $425.39
Maureen Francis - $525.00
Joan Gardner - $875.37-$1,857.10
Jenna Garza - $1,275.84-$1,327.62
Barbara Petti by Rappoport, DeGiovanni & Caslowitz, Inc. - No Amount Specified
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor O’Neill, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald F. Travers, Director, Division of Zoning and Code Enforcement, requesting a report on his findings regarding the complaints about soot-like material in the vicinity of Key Container.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Pro-Tempo Hodge, Councilors Barros, Barry, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Kenneth Gengo - $169.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Pro-Tempo Hodge, Councilors Barros, Barry, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Joseph Grant – $300.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Pro-Tempo Hodge, Councilors Barros, Barry, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
William F. McGuire - $300.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Pro-Tempo Hodge, Councilors Barros, Barry, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Zelika Khaytin - $325.08
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Pro-Tempo Hodge, Councilors Barros, Barry, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Patrick Lopes - $130.00
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:
Ivelisse Sosa – No Amount Specified
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:
Sonia Cardoso by Progressive Insurance - $1,958.29
Natasha Oriol by Allstate Insurance - $576.00
Noreen Shaffi by Nationwide Insurance - $3,401.64
Noreen Shaffi by d’Oliveira & Associates – No Amount Specified
Joann MacReading by Robert T. Karns, Esq. – No Amount Specified
Annie S. Zainyeh by Alfred J. Gemma, Esq. - $100,000.00
Upon motion made by Councilor Barry, seconded by Councilor Barros, the meeting is adjourned at 7:25 p.m.