City Council, November 22, 2011
A regular session of the Pawtucket City Council is held Tuesday, November 22, 2011, at 5:41 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present - President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
Absent – 0
President Moran presides.
The reading of the records of November 9, 2011, 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 Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for November 6-12, 2011 and November 13-19, 2011) |
| | |
| | B. Communication from Cheryl A. Fernstrom, CMC, Jamestown Town Clerk, to Richard J. Goldstein, MMC, City Clerk (Resolution - Pension Reform: The Time to Act Is Now) |
| | |
| | C. Communication from Karin H. Clancey, Middletown Deputy Town Clerk, to Richard J. Goldstein, MMC, City Clerk (Resolution in the Aftermath of Tropical Storm Irene) |
| | |
| | D. Communication from Elizabeth J. Cook-Martin, Hopkinton Town Clerk, to Richard J. Goldstein, MMC, City Clerk (Resolution - Pension Reform: The Time to Act Is Now) |
| | |
| | E. Communication from Patricia A. Roosa, Executive Assistant, Office of the Narragansett Town Manager, to Richard J. Goldstein, MMC, City Clerk (Resolution Requesting the General Assembly to Repeal the Tax on Local Tour Operators) |
| | |
| | F. Communication from Hugh R. Monahan, Pawtucket Housing Authority Commissioner, to Stella Carrera, Chairwoman, Pawtucket Housing Authority (Hugh R. Monahan Resignation Letter) |
| | |
| | G. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Appointments to the Ad-Hoc Cemetery Committee) |
| | |
| | H. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Relocation of RIPTA Bus Service) |
| | |
| | I. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Appointment of Robert Ricci to the Pawtucket Housing Authority - to fill the Retirement of Hugh Monahan) |
Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Riverfront Commission, FOR CONFIRMATION:
RIVERFRONT COMMISSION
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
RIVERFRONT COMMISSION
Pamela Hughes, Riverfront Lofts, 10 Exchange Court, Pawtucket, RI 02860. Term expires the first Monday in June, 2013. (To fill the unexpired term of Richard Kazarian)
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
With majority consent of the Council, Council Tetreault introduces the following communication:
Communication from David Clemente, Purchasing Agent, to the Honorable Members of the Pawtucket City Council. (Update regarding the RFP for Rescue Services)
Upon motion made by Councilor Tetreault, seconded by Councilor Barros, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
With majority consent of the Council the following motion made by Councilor O’Neill, seconded by Councilor Barry is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to David Clemente, Purchasing Agent, asking what the timeline will be for the new RFP for Rescue Services. The Council is further asking where the $48,850 will come from for the performance audit of the fire department, since it was not budgeted.
Petition for a Wholesale Junk License by New England Gold & Silver LLC, 1571 Newport Avenue, Tax Assessors Plat 3, Lot 569, to keep a shop storehouse for the reception of any junk, old metals or secondhand articles, specifically: gold, silver, platinum, etc., LIC#7723, which was advertised for a hearing at this time, is taken up:
Speaking in favor is applicant Brian Hill, 31 Sequoia Lane, North Attleboro, MA.
Mr. Hill states that he will be operating a jewelry store and will buy precious metals. He usually holds the items for a month in accordance with State Law. He has been in the jewelry industry for over 20 years. This is his first time as an owner. His hours of operation will be Monday through Friday from 9:00 a.m. until 6:00 p.m. and on Saturday from 10:00 a.m. until 5:00 p.m.
There are no other speakers. The Public Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Chadwick, the following license is APPROVED on a unanimous voice vote:
Petition for a Wholesale Junk License by New England Gold & Silver LLC, 1571 Newport Avenue, Tax Assessors Plat 3, Lot 569, to keep a shop storehouse for the reception of any junk, old metals or secondhand articles, specifically: gold, silver, platinum, etc., LIC#7723
AN INFORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts)
* Jimenez, Mario d/b/a Fonseca A/S, 263 Dexter St. LIC#2415 #2416
1. 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
2. Owner shall provide, in writing, off-street parking arrangement with neighbor. Agreement shall be presented to the City Clerk within 30 days.
3. No parking on Dexter Street.
4. Towing allowed during business hours only 9:00 a.m.-5:00 p.m. M-F. No Saturdays.
5. Rear of building shall be clear of all vehicles at all times.
6. No parking on Dexter Court.
7. No painting or auto body work allowed.
8. Outside premises to be kept clean and free of parts and debris.
9. No more than twelve (12) vehicles shall be allowed to park in front of property.
10. The owner of business shall monitor customer parking.
11. No road testing on Dexter Court.
12. No repair allowed outside.
13. No motorcycle repairs allowed at any time.
14. Keep rear doors closed at all times.
Representing Jimenez, Mario d/b/a Fonseca A/S is Elmo Jimenez, 66 East Bacon Street, South Attleboro, MA, son of the license holder. Also present is John C. Manni, Esq., 1405 Plainfield Street, Johnston, RI, attorney representing the license holder.
Councilor Chadwick states that the neighbors have complained to him regarding the parking in the area.
Mr. Jimenez states that they have an agreement with the church across the street to use their parking lot.
Councilor Chadwick states that there are people parking on Dexter Court and Mr. Jaminez must tell customers not to park there.
Mr. Jimenez states that he won’t test drive vehicles on Dexter Court.
Councilor Chadwick states that he wants the trash cleaned up. He noticed that they have no dumpster.
Mr. Jimenez states that he will get a dumpster.
Councilor Chadwick states he has received complaints that the hours are longer than usual.
Mr. Jimenez states that the hours of operation have not changed.
Mr. Manni states that Mr. Jimenez wants to sell cars on holidays. Mr. Jimenez wants to be able to open the rear doors in the summer.
Councilor Chadwick states the problem is that the doors open onto Dexter Court where the complaints are coming from.
There are no other speakers. The Informal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Wildenhain, the following stipulation is added to the following license:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts)
* Jimenez, Mario d/b/a Fonseca A/S, 263 Dexter St. LIC#2415 #2416
Stipulation:
15. Must have dumpster.
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 Mary C. Hanley, Manager – Right of Way, Verizon, regarding the excavation for Pole 10 on Pequot Road. The Council is requiring that the street be repaired to at least the condition it was prior to the excavation.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
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 Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE AMENDING CHAPTER 286 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “NOISE” (SNOW REMOVAL APPARATUS)
THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE, IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2958 OF THE ORDNANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2011 COMPREHENSIVE PLAN. 461 Main Street (Assessor’s Parcels 530627 and 530577)
THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE, IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Official Maps - 461 Main Street, Assessor’s Parcels 530627 and 530577)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED, “AN ORDINANCE IN AMENDMENT OF CHAPTER 2974 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 3960 (DELETE SUPERINTENDENT OF RECREATION AND CREATE DIRECTOR OF RECREATION)” IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Amend as follows:
Position of Director of Recreation at a pay grade 14T ($54,606.56 - $63,149.17)
Position of Director of Recreation at a pay grade 12T ($49,547.49 - $57,314.34)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2974 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 3960 (DELETE SUPERINTENDENT OF RECREATION AND CREATE DIRECTOR OF RECREATION), AS AMENDED
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by councilor Hodge, seconded by Councilor Tetreault is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien, asking if anyone is getting a pay increase for taking on the responsibilities for the care of the parks in the city.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE MOTION TO DENY THE FOLLOWING ORDINANCE IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Chadwick, Hodge, O’Neill, Tetreault, and Wildenhain.
NOES – Councilors Barros and Vitali.
THE FOLLOWING PETITION FOR LICENSES WAS LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 9, 2011, AND IS APPROVED WITH THE FOLLOWING STIPULATION ON A UNANIMOUS VOICE VOTE:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by A.C.P. Auto Sales Inc., d/b/a Consumers Auto Sales, (transfer from Consumers Auto Sales & Service) 610 Weeden Street, Tax Assessor’s Plat 47, Lot 790, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC#7687 #7688
STIPULATION
1. No subleasing of property.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Foundry Artists Association to conduct an Foundry Artists Gala Holiday Sale at 172 Exchange Street, on Thursday December 1, 2011 from 5:00 pm to 9:00 pm; Fridays December 2 and 9, 2011 from 12:00 pm to 8:00 pm; Saturdays December 3, and 10, 2011 from 10:00 am to 8:00 pm and Sundays December 4 and 11, 2011 from 10:00 am to 6:00 pm LIC#7736
Petition of RI Film Collaborative for license to conduct a Fundraiser at 175 Main Street, on Saturday, December 3, 2011, from 7:00 p.m. to 1:00 a.m. LIC#7729
PUBLIC LAUNDRY New –
RGD Laundry Inc., d/b/a Freeway Laundry IV, 562 Broadway, LIC#7740
VICTUALLING HOUSE First Class –
Cuisine Del Mar, LLC d/b/a Cuisine Del Mar, (Prev. Cuisine Del Mar Restaurant Fish Market Inc. d/b/a Cuisine Del Mar) 445 Lonsdale Avenue, LIC#7720
VICTUALLING HOUSE First Class New-
Revis Enterprises, Inc. d/b/a Greek Oven Pizza & Wings, 11 Benefit Street, LIC#7726
VICTUALLING HOUSE LICENSES (FIRST CLASS) - All Renewals
Archie's Pizza Restaurant Inc., d/b/a Archie's Pizza Restaurant, 1479 Newport Ave. LIC#3379
Arda Corp d/b/a Next Bite Pizza & Grill, 350 Prospect St. LIC#5125
Carrasco, Newton d/b/a Panal Chicken, 208 Dexter St. LIC#3785
Dakake, Charles G. and Margaret E., d/b/a Liberty Lunch, 732 Central Ave. LIC#4999
Division Street House of Pizza LLC d/b/a/ House of Pizza, 206 Division St. LIC#3557
Gomes, Joao Alves d/b/a Ribatejo Fish Market, 167 Benefit St. LIC#4075
J & B Donuts Inc., d/b/a Ronzio Pizza, 240 Main St. LIC#5855
KMN LLC d/b/a Papa John’s, 379 Smithfield Ave., LIC#4749
KMN LLC d/b/a Papa John’s, 295 Armistice Blvd., LIC#4745
Qamar, Aqsa, d/b/a Best Way Food Store, 823 Newport Ave. LIC#5978
Sodexo Operations LLC, 1027 Newport Ave. LIC#3962
StepJen Enterprises LLC d/b/a Buford’s, 474 Pawtucket Ave. LIC#5986
V & S Farm Inc., d/b/a Gulf Express, 694 Broadway, LIC#4835
VICTUALLING HOUSE LICENSES (SECOND CLASS) – All Renewals
A.E.E. Inc., d/b/a Local Hero, 4 Power Rd. LIC#3694
Packaging Graphics LLC, 60 Delta
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Kerry Case – Pending Estimates
Lucilia Lopes - $154.00
John Miller – Pending Estimates
Kirk Shelton by McKinnon & Harwood, LLC - $1,000,000.00
Upon motion made by Councilor Hodge, seconded by Councilor Entire City Council, the meeting is adjourned at 6:33 p.m.